Congressional Record United States of America PROCEEDINGS and DEBATES of the 107Th CONGRESS, FIRST SESSION

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

Vol. 147 WASHINGTON, THURSDAY, FEBRUARY 8, 2001 No. 18 House of Representatives The House met at 10 a.m. MESSAGE FROM THE SENATE Mr. QUINN. Mr. Speaker, it is indeed The Reverend Jerry Sullivan, St. A message from the Senate by Mr. an honor for me to welcome Father Mary of the Lake Church, Hamburg, Lundregan, one of its clerks, an- Monsignor Jerome Sullivan, as the New York, offered the following prayer: nounced that the Senate has passed Speaker pointed out, but back home in Praise and glory to You, God of all bills of the following titles in which Wanakah, Clover Bank, and Hamburg, nations. the concurrence of the House is re- New York, he prefers to be referred to Bless the Representatives of this Na- quested: as Father Jerry. tion as they meet in session. May Your S. 248. An act to amend the Admiral James Will be the guiding force for their in- W. Nance and Meg Donovan Foreign Rela- We are honored to have Father Jerry tentions, words, and actions. Forgive tions Authorization Act, Fiscal Years 2000 with us this morning to offer these them the times when convenience and and 2001, to adjust a condition on the pay- opening remarks. I know that, as a pa- self-interest have substituted for cour- ment of arrearages to the United Nations rishioner of his now for over 20 years, age, kindness, and justice. Grant them that sets the maximum share of any United when he suggests to the Members, Nations peacekeeping operation’s budget the grace to listen to one another with when he suggests to the audience, and open minds and hearts. May the clarity that may be assessed of any country. S. 279. An act affecting the representation then to the country this morning, that and charity of their words reflect re- of the majority and minority membership of we listen to each other and that we spect for their colleagues. the Senate Members of the Joint Economic show respect for each other, it is the Give them an understanding of the Committee. same exact thing that he suggests of needs of our sisters and brothers in this The message also announced that country who are often ignored, whose pursuant to Public Law 106–553, the his parishioners back at St. Mary of voices cry out to be heard. As You have Chair, on behalf of the Majority Lead- the Lake. blessed this land with abundance, help er, announces the appointment of the I know all of us who work here in the Members of this House, and all of following Senators to serve as members Washington, D.C., on both sides of the us who are citizens, to be generous to of the Congressional Recognition for aisle, in both Chambers, know that we the neediest of persons beyond our bor- Excellence in Arts Education Awards should do a little bit more listening, ders, with a generosity that only You Board— and we should make certain that we re- can make possible. the Senator from Mississippi (Mr. spect each other. We ask this in Your holy Name. COCHRAN); and Amen. the Senator from Utah (Mr. BEN- Father Jerry, we appreciate your re- f NETT). marks this morning. We could use you The message also announced that here in Washington, D.C.; but we sure THE JOURNAL pursuant to Public Law 96–388, as are glad you are at St. Mary of the The SPEAKER. The Chair has exam- amended by Public Law 97–84 and Pub- Lake. ined the Journal of the last day’s pro- lic Law 106–292, the Chair, on behalf of ceedings and announces to the House the President pro tempore, appoints f his approval thereof. the following Senators to the United Pursuant to clause 1, rule I, the Jour- States Holocaust Memorial Council for APPOINTMENT OF MEMBERS TO nal stands approved. the One Hundred Seventh Congress— BOARD OF REGENTS OF SMITH- f the Senator from Utah (Mr. HATCH); the Senator from Alaska (Mr. MUR- SONIAN INSTITUTION PLEDGE OF ALLEGIANCE KOWSKI); and The SPEAKER. Pursuant to sections The SPEAKER. Will the gentleman the Senator from Maine (Ms. COL- 5580 and 5581 of the revised statutes (20 from New York (Mr. QUINN) come for- LINS). U.S.C. 42–43), the Chair appoints the ward and lead the House in the Pledge f following Members of the House to the of Allegiance. WELCOME TO THE REVEREND Mr. QUINN led the Pledge of Alle- Board of Regents of the Smithsonian JERRY SULLIVAN giance as follows: Institution: I pledge allegiance to the Flag of the (Mr. QUINN asked and was given per- Mr. REGULA of Ohio; United States of America, and to the Repub- mission to address the House for 1 Mr. SAM JOHNSON of Texas; lic for which it stands, one nation under God, minute and to revise and extend his re- indivisible, with liberty and justice for all. marks.) Mr. MATSUI of California.

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 08-FEB-2001 00:02 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.000 pfrm01 PsN: H08PT1 H228 CONGRESSIONAL RECORD — HOUSE February 8, 2001 APPOINTMENT OF MEMBERS TO There was no objection. tion as a member of the Committee on BOARD OF TRUSTEES OF INSTI- f Transportation and Infrastructure: TUTE OF AMERICAN INDIAN AND CONGRESS OF THE UNITED STATES, ALASKA NATIVE CULTURE AND RESIGNATION AS MEMBER OF HOUSE OF REPRESENTATIVES, ARTS DEVELOPMENT COMMITTEE ON RESOURCES Washington, DC, February 7, 2001. Hon. Speaker HASTERT, The SPEAKER. Pursuant to section The SPEAKER pro tempore laid before the House the following resigna- The Capitol, Washington, DC. 1505 of Public Law 99–498 (20 U.S.C. DEAR MR. SPEAKER: I resign from the Com- 4412), the Chair appoints the following tion as a member of the Committee on mittee on Transportation and Infrastructure Members of the House to the Board of Resources: effective immediately. If you have any ques- Trustees of the Institute of American CONGRESS OF THE UNITED STATES, tions feel free to contact me. Indian and Alaska Native Culture and HOUSE OF REPRESENTATIVES, Sincerely, Arts Development: Washington, DC, February 7, 2001. ROBERT W. NEY, Hon. DENNIS HASTERT, Member of Congress. Mr. YOUNG of Alaska; U.S. Capitol, Mr. KILDEE of Michigan. The SPEAKER pro tempore. Without Washington, DC. objection, the resignation is accepted. f DEAR SPEAKER HASTERT: Effective today, February 7, 2001, I resign my seat on the There was no objection. APPOINTMENT OF MEMBER TO House Committee on Resources. I appreciate f BOARD OF TRUSTEES OF GAL- your attention to this matter. RESIGNATION AS MEMBER OF LAUDET UNIVERSITY Sincerely, ROBIN HAYES, COMMITTEE ON AGRICULTURE The SPEAKER. Pursuant to section Member of Congress. AND COMMITTEE ON RESOURCES 103 of Public Law 99–371 (20 U.S.C. 4303), The SPEAKER pro tempore. Without The SPEAKER pro tempore laid be- the Chair appoints the following Mem- objection, the resignation is accepted. fore the House the following resigna- ber of the House to the Board of Trust- There was no objection. tion as a member of the Committee on ees of Gallaudet University: Agriculture and the Committee on Re- f Mr. LAHOOD of Illinois. sources: f RESIGNATION AS MEMBER OF CONGRESS OF THE UNITED STATES, COMMITTEE ON SCIENCE RESIGNATION AS MEMBER OF HOUSE OF REPRESENTATIVES, Washington, DC, February 7, 2001. HOUSE PERMANENT SELECT The SPEAKER pro tempore laid before the House the following resigna- Hon. J. DENNIS HASTERT, COMMITTEE ON INTELLIGENCE Office of the Speaker, tion as a member of the Committee on The Capitol, Washington, DC. The SPEAKER pro tempore (Mr. Science: RYAN of Wisconsin) laid before the DEAR SPEAKER HASTERT: Pursuant to my House the following resignation as a HOUSE OF REPRESENTATIVES, appointment to the Committee on Energy COMMITTEE ON THE JUDICIARY, and Commerce, I hereby resign my assign- member of the House Permanent Se- Washington, DC, February 6, 2001. ments to the Committee on Agriculture and lect Committee on Intelligence: Hon. DENNIS HASTERT, the Committee on Resources. CONGRESS OF THE UNITED STATES, Speaker, House of Representatives, Thank you for your attention to this mat- HOUSE OF REPRESENTATIVES, Washington, DC. ter. Washington, DC, February 7, 2001. DEAR MR. SPEAKER: Effective today, I wish Sincerely, Hon. DENNIS HASTERT, to resign from the Committee on Science. CHRIS JOHN, Speaker, House of Representatives, Your assistance in accommodating my re- Member of Congress. Washington, DC. quest is greatly appreciated. The SPEAKER pro tempore. Without DEAR SPEAKER HASTERT: Please accept my Sincerely, objection, the resignation is accepted. resignation from the House Permanent Se- F. JAMES SENSENBRENNER, Jr., lect Committee on Intelligence. It has been Chairman. There was no objection. an honor and a privilege to serve my con- The SPEAKER pro tempore. Without f stituents through my membership on this objection, the resignation is accepted. RESIGNATION AS MEMBER OF committee. Sincerely, There was no objection. COMMITTEE ON SCIENCE AND CHARLES F. BASS, f COMMITTEE ON VETERANS’ AF- Member of Congress. FAIRS RESIGNATION AS MEMBER OF The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Without COMMITTEE ON GOVERNMENT fore the House the following resigna- objection, the resignation is accepted. REFORM There was no objection. tion as a member of the Committee on The SPEAKER pro tempore laid be- f Science and the Committee on Vet- fore the House the following resigna- erans’ Affairs: RESIGNATION AS MEMBER OF tion as a member of the Committee on CONGRESS OF THE UNITED STATES, COMMITTEE ON TRANSPOR- Government Reform: HOUSE OF REPRESENTATIVES, TATION AND INFRASTRUCTURE CONGRESS OF THE UNITED STATES, February 7, 2001. The SPEAKER pro tempore laid be- HOUSE OF REPRESENTATIVES, Hon. J. DENNIS HASTERT, Washington, DC, February 7, 2001. Speaker of the House of Representatives, fore the House the following resigna- Hon. DENNIS HASTERT, The Capitol, Washington, DC. tion as a member of the Committee on Speaker of The House, DEAR SPEAKER HASTERT: I hereby resign Transportation and Infrastructure: Washington, DC. my seat on the House Science Committee CONGRESS OF THE UNITED STATES, SPEAKER HASTERT: Effective today, I resign and the House Veterans Affairs Committee. HOUSE OF REPRESENTATIVES, my position on the House Committee on Sincerely, Washington, DC, February 7, 2001. Government Reform. Thank you. MIKE DOYLE, Hon. DENNIS HASTERT, Sincerely, Member of Congress. Speaker, House of Representatives, JEFF FLAKE, The SPEAKER pro tempore. Without Washington, DC. First District, Arizona. objection, the resignation is accepted. DEAR SPEAKER HASTERT: Please accept my The SPEAKER pro tempore. Without There was no objection. resignation from the House Committee on objection, the resignation is accepted. f Transportation and Infrastructure. It has There was no objection. been an honor and a privilege to serve my RESIGNATION AS MEMBER OF constituents through my membership on this f COMMITTEE ON INTERNATIONAL committee. Sincerely, RESIGNATION AS MEMBER OF RELATIONS AND COMMITTEE ON CHARLES F. BASS, COMMITTEE ON TRANSPOR- THE JUDICIARY Member of Congress. TATION AND INFRASTRUCTURE The SPEAKER pro tempore laid be- The SPEAKER pro tempore. Without The SPEAKER pro tempore laid before the House the following resigna- objection, the resignation is accepted. fore the House the following resignation as a member of the Committee on

VerDate 08-FEB-2001 00:02 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.002 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H229 International Relations and the Com- RESIGNATION AS MEMBER OF There was no objection. mittee on the Judiciary: COMMITTEE ON SMALL BUSINESS The resolution was agreed to. CONGRESS OF THE UNITED STATES, The SPEAKER pro tempore laid be- A motion to reconsider was laid on HOUSE OF REPRESENTATIVES, fore the House the following resigna- the table. Washington, DC, February 7, 2001. tion as a member of the Committee on Hon. DENNIS HASTERT, f Speaker of the House, Small Business: Capitol, Washington, DC. FEBRUARY 7, 2001. ELECTION OF MEMBERS TO CER- DEAR MR. SPEAKER: I am writing to submit Hon. DENNIS HASTERT, Speaker of the House, House of Representatives, TAIN STANDING COMMITTEES OF to you my resignation from the House Com- THE HOUSE mittee on International Relations and the Washington, DC. House Committee on Judiciary in order to be DEAR MR. SPEAKER, I am writing to inform Mr. FROST. Mr. Speaker, by direc- appointed to the House Committee on Appro- you of my resignation, effective imme- tion of the Democratic Caucus, I offer priations. It has been my honor and privilege diately, from the Small Business Committee. a privileged resolution (H. Res. 33) and to serve on the International Relations and I have enjoyed serving my constituents’ interests on small business matters, and I will ask for its immediate consideration. Judiciary Committees during the past four The Clerk read the resolution, as fol- years. continue to do so during the 107th Congress. I respectfully request that you consider my Sincerely, lows: resignation from these Committees effective SHELLEY BERKLEY, H. RES. 33 February 7, 2001. Member of Congress. Resolved, That the following named mem- Thank you very much for your consider- The SPEAKER pro tempore. Without bers be, and are hereby, elected the following ation of this matter. objection, the resignation is accepted. standing committees of the House of Rep- Sincerely, There was no objection. resentatives: STEVEN R. ROTHMAN, Committee on Appropriations: Mr. Fattah f Member of Congress. of Pennsylvania, Mr. Rothman of New Jer- The SPEAKER pro tempore. Without RESIGNATION AS MEMBER OF sey; objection, the resignation is accepted. COMMITTEE ON GOVERNMENT Committee on Agriculture: Mr. Larsen of There was no objection. REFORM Washington, Mr. Ross of Arkansas, Mr. Acevedo-Vila´ of Puerto Rico; f The SPEAKER pro tempore laid be- Committee on the Budget: Mrs. McCarthy fore the House the following resigna- RESIGNATION AS MEMBER OF of New York, Mr. Moore of Kansas, Mr. tion as a member of the Committee on Capuano of Massachusetts, Mr. Honda of COMMITTEE ON EDUCATION AND Government Reform: California; THE WORKFORCE AND COM- Committee on Education and the Work- MITTEE ON GOVERNMENT RE- FEBRUARY 8, 2001. Hon. J. DENNIS HASTERT, force: to rank after Mr. Holt of New Jersey, FORM Speaker of the House of Representatives, The Ms. Solis of California, Mrs. Davis of Cali- The SPEAKER pro tempore laid be- Capitol, Washington, DC. fornia, Ms. McCollum of Minnesota; Committee on Energy and Commerce: Mr. fore the House the following resigna- DEAR SPEAKER HASTERT: Pursuant to my appointment to the Committee on Financial Doyle of Pennsylvania, Mr. John of Lou- tion as a member of the Committee on isiana, Ms. Harman of California; Education and the Workforce and the Services, I hereby resign my assignment to the Committee on Government Reform and Committee on Financial Services: Mr. Committee on Government Reform: Oversight. Ford of Tennessee, Mr. Hinojosa of Texas, FEBRUARY 7, 2001. Thank you for your attention to this mat- Mr. Lucas of Kentucky, Mr. Shows of Mis- Speaker J. DENNIS HASTERT, ter. sissippi, Mr. Crowley of New York, Mr. Clay Speaker’s Floor Office, The Capitol, Sincerely, of Missouri, Mr. Israel of New York, Mr. Ross Washington, DC. HAROLD E. FORD, Jr., of Arkansas; DEAR SPEAKER HASTERT: This letter will Member of Congress. Committee on Government Reform: Mr. serve as official notification of my resigna- Clay of Missouri; The SPEAKER pro tempore. Without Committee on International Relations: Mr. tion from both the Education and the Work- objection, the resignation is accepted. force and Government Reform Committees. Blumenauer of Oregon, Ms. Berkley of Ne- If you have any questions, feel free to con- There was no objection. vada, Mrs. Napolitano of California, Mr. tact me or my Administrative Assistant, f Schiff of California; Committee on the Judiciary: Mr. Schiff of Michelle Anderson Lee (202) 225–4001. ELECTION OF MEMBERS TO CER- Very truly yours, California; TAIN STANDING COMMITTEES OF CHAKA FATTAH, Committee on Resources: Mr. Rahall of Member of Congress. THE HOUSE West Virginia, Mr. Markey of Massachusetts, Mr. Kildee of Michigan, Mr. DeFazio of Or- The SPEAKER pro tempore. Without Mr. KIRK. Mr. Speaker, I offer a resolution (H. Res. 32) and I ask unani- egon, Mr. Faleomavaega of American Samoa, objection, the resignation is accepted. Mr. Abercrombie of Hawaii, Mr. Ortiz of There was no objection. mous consent for its immediate consid- Texas, Mr. Pallone of New Jersey, Mr. eration in the House. f Dooley of California, Mr. Underwood of The SPEAKER pro tempore. The Guam, Mr. Smith of Washington, Mrs. RESIGNATION AS MEMBER OF Clerk will report the resolution. Christensen of the Virgin Islands, Mr. Kind COMMITTEE ON SCIENCE The Clerk read as follows: of Wisconsin, Mr. Inslee of Washington, Mrs. The SPEAKER pro tempore laid be- H. RES. 32 Napolitano of California, Mr. Udall of New fore the House the following resigna- Resolved, That the following named Mem- Mexico, Mr. Udall of Colorado, Mr. Holt of bers be and are hereby, elected to the fol- New Jersey, Mr. McGovern of Massachusetts, tion as a member of the Committee on Mr. Acevedo-Vila´ of Puerto Rico, Ms. Solis Science: lowing standing committees of the House of Representatives: of California, Mr. Carson of Oklahoma, Ms. FEBRUARY 7, 2001. Budget: Mr. Kirk. McCollum of Minnesota; Hon. DENNIS HASTERT, Energy and Commerce: Mr. Bass to rank Committee on Science: Mr. Matheson of Speaker, House of Representatives, Capitol, after Mr. Radanovich. Utah, Mr. Israel of New York; Washington, DC. Government Reform: Mr. Weldon of Flor- Committee on Small Business: Mr. DEAR SPEAKER HASTERT: In order to com- ida; Mr. Cannon; Mr. Putnam; Mr. Otter, and Langevin of Rhode Island. ply with the rules of the Caucus so that I Mr. Schrock. Mr. FROST (during the reading). Mr. may serve on the committee on the Budget, Resources: Mr. Flake and Mr. Rehberg. Speaker, I ask unanimous consent that I hereby resign from the Committee on Science: Mr. Shays to rank after Mrs. the resolution be considered as read Science. Pursuant to the rules of the Demo- Morella. cratic Caucus, I understand that my rights Transportation and Infrastructure: Mr. and printed in the RECORD. for seniority on the Science Committee will Pombo and Mr. Hayes to rank after Mr. The SPEAKER pro tempore. Is there be preserved. Isakson. objection to the request of the gen- Sincerely, Veterans’ Affairs: Mr. Brown of South tleman from Texas? MICHAEL E. CAPUANO. Carolina. There was no objection. The SPEAKER pro tempore. Without The SPEAKER pro tempore. Is there The resolution was agreed to. objection, the resignation is accepted. objection to the request of the gen- A motion to reconsider was laid on There was no objection. tleman from Illinois? the table.

VerDate 08-FEB-2001 01:11 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.010 pfrm01 PsN: H08PT1 H230 CONGRESSIONAL RECORD — HOUSE February 8, 2001 PREVENTING WASTEFUL FEDERAL two major concerns I have in regard to I realize that there are special inter- BOONDOGGLES education that I hope the President ests which want to limit or restrict the (Mr. DUNCAN asked and was given and Secretary Paige will take into con- pool of eligible applicants for teaching permission to address the House for 1 sideration. positions, but this is harmful to our minute and to revise and extend his re- First, the gentleman from Indiana children; and it will become even more marks.) (Mr. HILL) and I started a Smaller harmful in the next few years if we Mr. DUNCAN. Mr. Speaker, the Or- Schools Initiative within the Depart- allow this to continue. Local school lando Sentinel published a headline ment of Education. We were fortunate boards, or preferably even principals at yesterday saying ‘‘Anger Over Court- enough to secure $45 million in funding schools, should be allowed to hire the house Won’t Die.’’ for this program last year and $125 mil- best-qualified teachers, even if they The anger concerns a proposed lion this year. This money is supposed never took an education course. Many $60,000,000 Federal courthouse in Or- to be for grants and assistance to people are well qualified through ad- lando that the judges are unhappy school systems to help keep small vanced education and/or experience to with. I have been told by an expert schools open and/or reduce the size of teach, but the government, because of that to build what the judges want some very large schools. special interest pressure groups, will could potentially double the cost and At a smaller school, a young person not allow them to be hired. send several million dollars in archi- has a better chance to make a sports A few years ago, two small colleges tect’s fees down the drain. At $60 mil- team, serve on the student council, in my district almost went under. For- lion, the building will already cost $195 lead a club, be a cheerleader or excel or tunately, neither one did. But it is ri- a square foot. stand out in some other way. Also a diculous to say, for instance, that a The cost is already too high. If costs student at a smaller school can get Ph.D. political scientist or English pro- explode because of spoiled judges, it more individual attention, and not just fessor with 20 or 25 years’ teaching ex- will be far too expensive to build if we feel like a number in some education perience at the college level cannot have any consideration at all for the factory. Actually, very large high teach in high school or even elemen- poor taxpayers who are footing the bill. schools sometimes breed Columbine- tary school if their college went under Too many times we have allowed type situations, because while 99.9 per- just because they had not taken an Federal judges to demand Taj Mahal- cent of students can handle big schools, education course. Local school boards type courthouses because the money is a few always feel like they have to re- should be allowed to consider an edu- not coming out of their pockets. Too sort to strange or even dangerous be- cation degree as a real plus if every- often they have a taxpayers-be-damned havior to get noticed. thing else is basically equal. But they attitude. The Commissioner for Public Three or four years ago I read an ar- should not be forced to hire a less- Buildings said, ‘‘The problem here is ticle in the Christian Science Monitor qualified teacher simply because one we have some judges who think they saying that New York City’s largest spent more time studying and/or work- should be architects.’’ high school had 3,500 students, and ing in the subject they are to teach Mr. Speaker, I hope the Sub- then it was broken down into five sepa- rather than taking a few education committee on Economic Development, rate schools and their drug and dis- courses. Public Buildings, Hazardous Materials cipline problems went way down. If local school officials were allowed to hire the most qualified person, even and Pipeline Transportation of the b 1015 if they did not have an education de- Committee on Transportation and In- Augusta Kappner, a former U.S. As- frastructure on which I served for 10 gree, this artificial, government and sistant Secretary of Education wrote special interest-induced teacher short- years will not let this project become recently in USA Today that ‘‘good another wasteful Federal boondoggle. age could be wiped out very quickly; things happen’’ when large schools are and most importantly, our children f remade into smaller ones. She said, would get a better education. We APPOINTMENT OF MEMBER TO ‘‘Incidents of violence are reduced; stu- should immediately give local school HOUSE PERMANENT SELECT dents’ performance, attendance and boards the authority to give alter- COMMITTEE ON INTELLIGENCE graduation rates improve; disadvan- native certification to people who are taged students significantly out- well qualified through education and/or The SPEAKER pro tempore. Without perform those in large schools on experience in the field, even if they objection and pursuant to clause 11 of standardized tests; students of all so- never took an education course. rule X and clause 11 of rule I, the Chair cial classes and races are treated more The next time anyone says some- announces the Speaker’s appointment equitably; teachers, students and the thing about a teacher shortage, we of the following Member of the House local community prefer them.’’ should just say, remove the artificial, to the Permanent Select Committee on Students are better off going to unjustified, harmful restrictions in the Intelligence: smaller schools even in older buildings, State law and this problem will be Mr. CHAMBLISS of Georgia, to rank as long as they are clean and well solved very quickly. after Mr. BURR of North Carolina. lighted, than they are to very large f There was no objection. centralized high schools even in brand- f new buildings. A TRIBUTE TO KAREN S. LORD We have done a good job reducing The SPEAKER pro tempore (Mr. SPECIAL ORDERS class sizes in most places, but too often RYAN of Wisconsin). Under a previous The SPEAKER pro tempore. Under we are making a very bad mistake in order of the House, the gentleman from the Speaker’s announced policy of Jan- making students go to very large New Jersey (Mr. SMITH) is recognized uary 3, 2001, and under a previous order schools. for 5 minutes. of the House, the following Members Secondly, Mr. Speaker, the so-called Mr. SMITH of New Jersey. Mr. will be recognized for 5 minutes each. teacher ‘‘shortage’’ is a special interest Speaker, the Commission on Security f shortage aided by the government. We and Cooperation in Europe lost one of would have no shortage at all if we its most noble, most gifted, dedicated, CONCERNS REGARDING simply could give local school boards effective, and kind members of our EDUCATION the flexibility to hire well-qualified staff, Karen Lord, to the ravages of The SPEAKER pro tempore. Under a teachers, even if they had never taken cancer on January 29 of this year. previous order of the House, the gen- an education course. It makes no sense Karen was only 33—a heartwrenching tleman from Tennessee (Mr. DUNCAN) is whatsoever to say that a Ph.D. chem- tragedy for her family, and all of us recognized for 5 minutes. ist, for example, with many years expe- who knew and loved her. Mr. DUNCAN. Mr. Speaker, edu- rience in the field cannot be hired over Since 1995, Karen has faithfully cation is to be one of the new adminis- a 22-year-old with a bachelor’s degree served as counsel for Freedom of Reli- tration’s top priorities, and I commend simply because of a few education gion on the staff of the commission of them for this. I would like to express courses. which I serve as the cochairman. In

VerDate 08-FEB-2001 00:02 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.017 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H231 this capacity, she diligently defended ough knowledge and vigorous advocacy or forgoing income that would drive us the principle of ‘‘religious liberty for of this precious freedom of religion. back into periods of deficits and add to all’’ and became one of the commis- Time and again as I sat in the chair the national debt. sion’s most trusted advisors on the holding hearings on religious freedom, Secondly, it is not fair. It is very subject. We will miss her wise counsel, I would turn to Karen, get her advice heavily slanted toward people at the her demonstrable passion, her wealth and her informed expert opinion. top. The top 1 percent, those who earn of knowledge, and her energetic advo- Karen was a great woman, Mr. over $320,000 per year and up, will aver- cacy on behalf of the persecuted Speaker. She was smart, she was ar- age $46,500 in savings under this legis- church. ticulate, she was a quick study, she lation. So if one earns over $320,000, one As counsel for Freedom of Religion, was tenacious, and she was breath- gets $46,000 back, on average. Karen meticulously monitored the fun- takingly courageous. She never uttered Now, if one is in the lower 40 percent damental ‘‘freedom of thought, con- a word of complaint. While she was suf- of American families for income, they science, religion and belief’’ and always fering, while she was going through her will get an average of $110. So what would take the initiative when viola- frightening ordeal, knowing full well does that translate to? Well, the family tions arose. She was recognized and re- what that cancer was doing to her that earns over $320,000 a year can go spected in this city, within the U.S. body, she would have a quiet smile on out and buy a nice new Yukon Denali Government, in Europe and in Central her face and a very, very deep faith in XL with heated leather seats; not bad, Asia as a knowledgeable, passionate, Jesus Christ. She spent much time in nice ride, and the average American and hard-working expert on the right prayer. She suffered her agonies of can- family can take and invest their $110 in to freely profess and practice one’s cer with courage, working on behalf of a lube, oil change and minor tune-up faith. She was intolerant of religious religious freedom of all people: Mus- for their 8-year-old family jalopy. That intolerance and was a champion to all lims, Jews, Catholics, Christians, is not fair. That is not fair. those who were disenfranchised and Pentecostals. Believers of every stripe Finally, it is not affordable. It is a dispossessed. She lived the gospel, es- will miss her. Karen possessed within lot like a very honest man, David pecially our Lord’s admonition in Mat- herself an abiding tranquility—the Stockman, told us at the beginning of thew, 25, when our Lord said, ‘‘When I peace that surpasses all understanding the Reagan administration. He said he was in prison, did you visit me.’’ that our Lord spoke of in the Gospel. knew we could not cut taxes, dramati- ‘‘Whatsoever you do to the least of my Mr. Speaker, we will greatly miss cally increase military spending, and brethren you do to me.’’ Time and time Karen Lord. She was a dear friend, and balance the budget; that, in fact, it was again Karen interceded on behalf of I ask all of the Members of the House a Trojan horse to get at all those social those who were unjustly imprisoned by to keep her in your prayers. Because programs and to make Congress reduce dictators and despotic governments. hers was a life so faithfully lived, she is funding for or eliminate those social Karen always took the time and had no doubt looking down from heaven. programs, because they knew they the energy to pursue the truth, and to She was a wonderful person, she will be could not defeat them frontally. chronicle in a meticulous way the in- missed dearly. Our loss is surely Heav- The American people support Social formation about someone who was per- en’s gain. Security and Medicare and more fund- secuted or harassed by their govern- f ing for education and help with our ment, in some way put at risk because kids getting a higher education. They of their faith. PRESIDENT’S TAX CUT NOT FAIR, know they cannot take those things on Karen played an active role as a NOT BASED ON REALITY, AND frontally, so we are back to the Trojan member of numerous U.S. delegations NOT AFFORDABLE horse scenario, locked in tax cuts pro- to meetings of the Organization on Se- The SPEAKER pro tempore. Under a jected out over 10 years with the huge curity and Cooperation in Europe, and previous order of the House, the gen- tax cuts coming toward the end of the she was selected and served on a panel tleman from Oregon (Mr. DEFAZIO) is 10 years, projected on a rosy scenario of religious liberty experts for the recognized for 5 minutes. that does not exist. Then, when we go OSCE’s Office of Democratic Institu- Mr. DEFAZIO. Mr. Speaker, today is into deficits or we are threatened with tions and Human Rights. Whether the a big day on Capitol Hill. The Presi- deficits, they say, oh, my God we have interaction was with nongovernmental dent is sending a $1.6 trillion tax cut locked in the tax cuts and people have organizations, religious believers and plan to Congress. A very big day. A big planned their estates and things clergy, academics or government au- day for the White House, a big day for around it, so we cannot change the thorities, Karen was an active listener, Congress. The only three problems that rules now. We will just have to cut an informed interlocutor, and a vig- I can discern with the President’s plan spending, cut Medicare, cut Social Se- orous and respectful advocate. She was thus far, despite the huge size of it: it curity. We cannot afford those in- a force with whom others had to reck- is not based on reality, it is not fair, creases in education. on, because she was so strong and she and it is not affordable. Other than Mr. Speaker, that is where this is would always stand up, on behalf of that, it is a pretty good idea. really headed. People just need to those who were persecuted for their Now, the plan is based on an eco- know that when they support it. faith. nomic scenario that does not exist. The Now, it is not fair to criticize if one Karen surely distinguished herself as plan is based upon a rosy economic sce- does not have an alternative, and I the expert on laws affecting religious nario. Even as the country is sliding have an alternative which has been put communities in various countries of into recession, and on the one hand, together by the Progressive Caucus. the OSCE region, whether the issues they use the excuse of a projected fu- Our alternative is fair, it is based on were in the Caucasus, Central Asia, ture tax cut, particularly favoring reality, and it is affordable, and it is Western Europe, or Eastern Europe. those at the top, as a rationale for very simple. Every American would Just 3 months ago, even while she was rushing it through Congress, they say, share in the surplus, from the tiniest, suffering the devastation and the ter- the economy is actually going to grow teeniest baby to the oldest senior cit- rible pain of cancer, she participated in at 2.4 percent this year, so we will have izen in a nursing home, all would share conferences in Sofia, Bulgaria and a surplus to spend, and more than 3 and share alike, because all have Baku and Azerbaijan, which were fo- percent every year thereafter. played a role in building the prosperity cused on religious liberty, rule of law Mr. Speaker, they are defying the re- of this Nation. The American people’s and international standards for protec- ality of the current economy. Others dividend. tion of the freedom of conscience. She are saying, in fact, that growth has This year, it would average about often served as an expert at various slowed to near zero and, in fact, that $300 per person, a family of four, $1,200, venues in other countries with the U.S. we may even slide into negative no matter what their income. So for Department of State and for the Immi- growth. So first off, it is not based in that family of four who falls into that gration and Naturalization Service. the reality of our current economy or lower 40 percent who would only get Members of the commission knew that current economic assumptions. So we $110 under the Bush plan, they would they could depend on her and her thor- are spending money we might not have, get $1,200. They could afford more than

VerDate 08-FEB-2001 00:02 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.020 pfrm01 PsN: H08PT1 H232 CONGRESSIONAL RECORD — HOUSE February 8, 2001 a lube and the oil change on the family Perpetual conflicts stimulate mili- often try to please too many, and by jalopy and the minor tune-up. Of tary spending. Minimal and small wars doing so support both sides of conflicts course it is a little disappointing to the too often get out of control and cause that have raged for centuries. In the family who earns over $320,000 a year. more tragedy than originally antici- end, our effort can end up unifying our They would only get $1,200. One cannot pated. Small wars, like the Persian adversaries while alienating our buy a Yukon Denali for $1,200; but I Gulf War, are more easily tolerated, friends. think that they could probably finance but the foolishness of an out of-control Over the past 50 years, Congress has one, and it would be a couple of war like Vietnam is met with resist- allowed our Presidents to usurp the months’ payments on a 6-year payment ance from a justifiably aroused Nation. prerogatives the Constitution explic- plan. So it is fair. But both types of conflicts result itly gave only to the Congress. The I hear so much from my colleagues from the same flawed foreign policy of term ‘‘foreign policy’’ is never men- on the other side of the aisle that we foreign interventionism. Both types of tioned in the Constitution, and it was should go to a flat tax; that would be conflict can be prevented. National se- never intended to be monopolized by fair. Somehow, to extract money from curity is usually cited to justify our the President. Going to war was to be the American people on a flat tax is foreign involvement, but this excuse strictly a legislative function, not an fair, but they will say it is not fair to distracts from the real reason we ven- executive one. Operating foreign policy give it back in an equitable way. ture so far from home. Influential com- by executive orders and invoking un- Mr. Speaker, my plan is fair, afford- mercial interests dictate policy of ratified treaties is a slap in the face to able, based in reality, not spending when and where we go. Persian Gulf oil the rule of law and our republican form money we do not have. A better plan. obviously got more attention than of government. But that is the way it is currently being done. f genocide in Rwanda. If one were truly concerned about our U.S. policy over the past 50 years has b 1030 security and enhancing peace, one led to endless illegal military interven- RESIGNATION AS MEMBER OF would always opt for a less militaristic tions, from Korea to our ongoing war COMMITTEE ON RESOURCES policy. It is not a coincidence that U.S. with Iraq and military occupation in the Balkans. Many Americans have The SPEAKER pro tempore (Mr. territory and U.S. citizens are the most vulnerable in the world to terrorist at- died and many others have been RYAN of Wisconsin) laid before the wounded or injured or have just simply House the following resignation as a tacks. Escalation of the war on terrorism been forgotten. member of the Committee on Re- Numerous innocent victims living in sources: and not understanding its causes is a dangerous temptation. Not only does foreign lands have died as well from CONGRESS OF THE UNITED STATES, foreign interventionism undermine the bombings and the blockades we HOUSE OF REPRESENTATIVES, have imposed. They have been people Washington, DC, February 7, 2001. chances for peace and prosperity, it undermines personal liberty. War and pre- with whom we have had no fight but Hon. DENNIS HASTERT, who were trapped between the bad pol- Speaker of the House, paring for war must always be under- icy of their own leaders and our eager- U.S. Capitol, Washington, DC. taken at someone’s expense. Someone ness to demonstrate our prowess in the DEAR MR. SPEAKER: I respectfully tender to must pay the bills with higher taxes, world. Over 500,000 Iraqi children have you my resignation from the Resources Com- and someone has to be available to pay reportedly died as a consequence of our mittee effective today. I have enjoyed the with their lives. four years I have spent with the Committee It is never the political and indus- bombing and denying food and medi- and am honored to have had the opportunity. trial leaders who promote the policy cine by our embargo. During my years on the Committee we For over 50 years, there has been a who pay. They are the ones who reap considered many important measures. We precise move towards one-world gov- the benefits, while at the same time ar- did a great deal of good for the American ernment at the expense of our own sov- people and we exercised our oversight re- guing for the policy they claim is de- ereignty. Our Presidents claim that sponsibilities in a judicious manner. I look signed to protect freedom and pros- our authority to wage wars come from forward to continuing this work with the perity for the very ones being victim- Committee as opportunities arise and on the the United Nations or NATO resolu- ized. tion, in contradiction to our Constitu- House floor. Many reasons given for our willing- I am pleased to have made many friends tion and everything our Founding Fa- ness to police the world sound reason- among the Committee’s membership and de- thers believed. veloped relationships with the hard working able: We need to protect our oil; we U.S. troops are now required to serve staff. Thank you for the opportunity to serve need to stop cocaine production in Co- under foreign commanders and wear with such dedicated people. lombia; we need to bring peace in the U.N. insignias. Refusal to do so Sincerely, Middle East; we need to punish our ad- prompts a court-martial. KEVIN BRADY. versaries; we must respond because we The past President, before leaving of- The SPEAKER pro tempore. Without are the sole superpower, and it is our fice, signed the 1998 U.N.-Rome treaty objection, the resignation is accepted. responsibility to maintain world order; indicating our willingness to establish There was no objection. it is our moral obligation to settle dis- an international criminal court. This f putes; we must follow up on our dollar gives the U.N. authority to enforce diplomacy after sending foreign aid POTENTIAL FOR WAR global laws against Americans if rati- throughout the world. In the old days, fied by the Senate. But even without The SPEAKER pro tempore. Under it was, we need to stop the spread of ratification, we have gotten to the the Speaker’s announced policy of Jan- communism. point where treaties of this sort can be uary 3, 2001, the gentleman from Texas The excuses are endless. But it is imposed on non-participating nations. (Mr. PAUL) is recognized for 60 minutes rarely mentioned that the lobbyists Presidents have, by executive orders, as the designee of the majority leader. and the proponents of foreign interven- been willing to follow unratified trea- Mr. PAUL. Mr. Speaker, I have asked tion are the weapons manufacturers, ties in the past. This is a very dan- for this special order today to express the oil companies, and the recipients of gerous precedent. We already accept my concerns for our foreign policy of huge contracts for building infrastruc- the international trade court, the interventionism that we have essen- tures in whatever far corners of the WTO. Trade wars are fought with the tially followed throughout the 20th Earth we send our troops. Financial in- court’s supervision, and we are only century. terests have a lot at stake, and it is too ready to rewrite our tax laws as the Mr. Speaker, foreign military inter- important for them that the United WTO dictates. ventionism, a policy the U.S. has fol- States maintains its empire. The only portion of the major tax bill lowed for over 100 years, encourages Not infrequently, ethnic groups will at the end of the last Congress to be war and undermines peace. Even with influence foreign policy for reasons rushed through for the President’s sig- the good intentions of many who sup- other than preserving our security. nature was the foreign sales corpora- port this policy, it serves the interests This type of political pressure can at tion changes dictated to us by the of powerful commercial entities. times be substantial and emotional. We WTO.

VerDate 08-FEB-2001 00:02 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.021 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H233 For years the U.S. has accepted the the Persian Gulf War look small. Only each other’s country. Travel restric- international financial and currency a reassessment of our entire policy will tions have been recently liberalized. It management of the IMF, another arm keep us from being involved in a need- is time for us to let the two of them of one-world government. less and dangerous war in this region. settle their border dispute. The World Bank serves as the dis- It will be difficult to separate any in- We continue to support Turkey with tributor of international welfare, of volvement in the Balkans from a major dollars and weapons. We once sup- which the U.S. taxpayer is the biggest conflict that breaks out in the Middle ported Iraq with the same. Now, we donor. This organization helps carry East. It is impossible for us to main- permit Turkey, armed with American out a policy of taking money from poor tain a policy that both supports Israel weapons, to kill Kurds in Iraq, while Americans and giving it to rich foreign and provides security for western-lean- we bomb the Iraqis if they do the same. leaders, with kickbacks to some of our ing secular Arab leaders, while at the It makes no sense. international corporations. same time taunting the Islamic fun- Selling weapons to both factions of Support for the World Bank, the damentalists. Push will come to shove, almost all the major conflicts of the IMF, the international criminal court, and when that happens in the midst of past 50 years reveals that our involve- always comes from the elites and alan economic crisis, our resources will ment is more about selling weapons most never from the common man. be stretched beyond the limit. This than spreading the message of freedom. These programs, run by the inter- must be prevented. That message can never be delivered national institutions, are supposed to Our involvement in Colombia could through force to others over their ob- help the poor, but they never do. It is easily escalate into a regional war. For jection. Only a policy of peace, friend- all a charade. If left unchecked, they over 100 years, we have been involved ship, trade, and our setting a good ex- will bankrupt us and encourage more in the affairs of Central America, but ample can inspire others to look to world government mischief. the recent escalation of our presence in what once was the American tradition It is the responsibility of Congress to Colombia is inviting trouble for us. Al- of liberty and justice for all. Entan- curtail this trend by reestablishing the though the justification for our en- gling alliances will not do it. It is time principles of the U.S. Constitution and hanced presence is the war on drugs, for Congress and the American people our national sovereignty. It is time for protecting U.S. oil interests and selling to wake up. the United States to give up its mem- helicopters are the real reasons for the The political system of interven- bership in all these international orga- last year’s $1.3 billion emergency fund- tionism always leads to social discord. nizations. ing. Interventionism is based on relative Our foreign policy has led to an in- Already neighboring countries have rights, majoritarianism, and disrespect cestuous relationship between our expressed concern about our presence for the Constitution. Degenerating military and Hollywood. In December, in Colombia. The U.S. policymakers moral standards of the people encour- our Secretary of Defense used $295,000 gave their usual response by promising ages and feeds on this system of special of taxpayers’ money to host a party in more money and support to the neigh- interest favoritism, all of which con- Los Angeles for Hollywood bigwigs. tributes to the friction. boring countries that feel threatened. Pentagon spokesman Kenneth Bacon Thomas Jefferson was worried that Venezuela, rich in oil, is quite nerv- said it was well worth it. The purpose future generations might one day ous about our enhanced presence in the was to thank the movie industry for squander the liberties the American region. Their foreign minister stated putting the military in a good light. Revolution secured. Writing about fu- that if any of our ships enter the Gulf A similar relationship has been re- ture generations, Jefferson wondered of Venezuela, they will be expelled. ported with TV stations licensed by the if, in the enjoyment of plenty, they This statement was prompted by an U.S. Government. They have been will- would lose the memory of freedom. He ing to accept suggestions from the gov- overly aggressive U.S. Coast Guard ves- believed material abundance without ernment to place political messages in sel intrusion into Venezuela’s terri- character is the path to destruction. their programming. This is a dangerous torial waters on a drug expedition. I b 1045 trend, mixing government and the know of no one who believes this ex- media. Here is where real separation is panded and insane drug war will do The challenge to America today is needed. anything to dampen drug usage in the clearly evident. We lack character. Our policy should change for several United States, yet it will cost us plen- And we also suffer from the loss of re- reasons. It is wrong for our foreign pol- ty. spect, understanding, and faith in the icy to serve any special interest, Too bad our political leaders cannot liberty that offers so much. The Amer- whether it is for financial benefits, eth- take a hint. The war effort in Colombia ican Republic has been transformed nic pressures, or some contrived moral is small now, but under current condi- and only a remnant remains. It appears imperative. Too often the policy leads tions, it will surely escalate. This is a that, in the midst of plenty, we have to an unintended consequence, and 30-year-old civil war being fought in forgotten about freedom. more people are killed and more prop- the jungles of South America. We are We have just gone through a roaring erty damaged than was intended. unwelcome by many, and we ought to decade with many Americans enjoying Controlling world events is never have enough sense to stay out of it. prosperity beyond their wildest easy. It is better to avoid the chance of Recently, new policy has led to the dreams. Because this wealth was not one bad decision leading to another. spraying of herbicides to destroy the always earned and instead resulted The best way to do that is to follow the coca fields. It has already been re- from borrowing, speculation and infla- advice of the Founders and avoid all ported that the legal crops in the near- tion, the correction that is to come entangling alliances, and pursue a pol- by fields have been destroyed, as well. will contribute to the social discord al- icy designed solely to protect U.S. na- This is no way to win friends around ready inherent in a system of govern- tional security interests. the world. ment interventionism. The two areas in the world that cur- There are many other areas of the If indeed the economy enters a severe rently present the greatest danger to world where we ought to take a second recession, which is highly possible, it the United States are Colombia and the look and then come home. Instead of will compound the problems char- Middle East. For decades we have been bullying the European Union for want- acteristic of a system that encourages engulfed in the ancient wars of the ing to have their own rapid deployment government supervision over all that Middle East by subsidizing and sup- force, we should praise them and bring we do. porting both sides. This policy is des- our troops home. Conflicts between classes, races and tined to fail. We are in great danger of World War II has been over for 55 ethnic groups and even generations are becoming involved in a vicious war for years. It is time we look at Korea and already apparent. This is a con- oil, as well as being drawn into a reli- ask why we have to broker, with the sequence of pitting workers and pro- gious war that will not end in our life- use of American dollars and American ducers against the moochers and the time. soldiers, the final settlement between special-interest rich. Divvying up half The potential for war in this region North and South Korea. Taiwan and of the GDP through a process of confis- is great, and the next one could make China are now trading and investing in catory taxation invites trouble. It is

VerDate 08-FEB-2001 00:02 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.025 pfrm01 PsN: H08PT1 H234 CONGRESSIONAL RECORD — HOUSE February 8, 2001 more easily tolerated when wealth and challenged the constitutional our citizens has been the excuse to un- abounds. But when the economy slips, rights of all our citizens. The acceler- dermine our freedoms. quiescent resentment quickly turns to ated attack on drug usage seen since Ironically, we spend hundreds of bil- noisey confrontation. the early 1970s has not resulted in any lions of dollars waging this dangerous Those who feel slighted become more material benefit. Over $300 billion has war on drugs while Government edu- demanding at the same time resources been spent on this war, and we are less cational policies promote a huge and are diminished. But the system of gov- free and poorer because of it. Civil lib- dangerous overusage of Ritalin. This ernment we have become accustomed erties are sacrificed in all wars, both makes no sense whatsoever. to have has for decades taken over re- domestic and foreign. Seizure and forfeiture laws, clearly in sponsibilities that have never intended It is clear that even if it were a le- violation of the Constitution, have to be the prerogative of the Federal gitimate function for Government to served as a terrible incentive for many Government under the Constitution. curtail drug usage, eliminating bad police departments to raise money for Although mostly well-intended, the habits through Government regulation law enforcement projects outside the efforts at social engineering have is not achievable. Like so much else normal budgeting process. National- caused significant damage to our con- the Government tries to do, the harm izing the police force for various rea- stitutional republic and have resulted done is not always evenly distributed. sons is a trend that should frighten all in cynicism toward all politicians. Some groups suffer more than others, Americans. The drug war has been the Our presidents now are elected by further compounding the problem by most important factor in this trend. less than 20 percent of those old enough causing dissention and distrust. Medicinal use of illegal drugs, in par- to vote. Government is perceived to be Anthony Lewis of The New York ticular, marijuana, has been prohibited in the business of passing out favors Times reported last year, ‘‘The 480,000 and greater human suffering has re- rather than protecting individual lib- men and women now in U.S. prisons on sulted. Imprisoning a person who is erty. The majority of the people are drug charges are 100,000 more than all dying from cancer and AIDS for using made up of independents and non-vot- prisoners in the European Union, where his own self-cultivated marijuana is ers. the population is 100 million more than absolutely bizarre and cruel. The most dramatic change in the ours.’’ All addiction, alcohol and illegal 20th century social attitudes was the There are 10 times the number of drugs, should be seen as a medical acceptance of abortion. This resulted prisoners for drug offenses than there problem, not a legal one. Improving be- from a change in personal morality were in 1980, and 80 percent of the drug havior just for the sake of changing un- that then led to legislation nationally arrests are for nonviolent possession. popular habits never works. It should through the courts and only occurred In spite of all the money spent and en- never be the responsibility of govern- by perverting our constitutional sys- ergy wasted, drug usage continues at a ment to do so. When government at- tem of government. record pace. tempts to do this, the government and The Federal costs should never have Some day we must wake up and real- its police force become the criminals. been involved, but the Congress com- ize the Federal drug war is a farce, it When someone under the influence of pounded the problem by using tax- has failed, and we must change our ap- drugs, alcohol, also a drug, or even payers’ funds to perform abortions proach. from the lack of sleep, causes injury to both here and overseas. Confrontation As bad as drug addiction is and the another, local law enforcement offi- between the pro-life and pro-abortion harm it causes, it is minuscule com- cials have a responsibility. This is a far forces is far from over. If governments pared to the dollar cost, the loss of lib- cry from the Justice Department using were used only to preserve life rather erty and social conflict that results Army tanks to bomb the Davidians be- than act as an accomplice in the tak- from our ill-advised drug war. cause Federal agents claimed an am- ing of life, this conflict would not near- Mandatory drug sentencing have phetamine lab was possibly on the ly be so rancorous. done a great deal of harm by limiting premises. Once a society and a system of laws the discretion that judges could use in An interventionist government, by deny the importance of life, privacy sentencing victims in this drug war. its nature, uses any excuse to know and personal choices are difficult to Congress should repeal or change these what the people are doing. Drug laws protect. Since abortions have become laws just as we found it beneficial to are used to enhance the IRS agent’s commonplace, it has been easier to modify seizure and for forfeiture laws 2 ability to collect every dime owed the move the issue of active euthanasia to years ago. The drug laws, I am sure, government. These laws are used to center stage. As Government budgets were never meant to be discriminatory. pressure Congress to use more dollars become more compromised, economic Yet they are. for foreign military operations in arguments will surely be used to jus- In Massachusetts, 82.9 percent of the places, such as Colombia. Artificially tify reasonable savings by not wasting drug offenders are minorities, but they high drug prices allow governments to vital resources on the elderly. make up only 9 percent of the State clandestinely participate in the drug Issues like abortion and euthanasia population. The fact that crack-co- trade to raise funds to fight the secret do not disappear in a free society but caine users are more likely to land in controversial wars with off-budget are handled quite differently. Instead prison than powder-cocaine users and funding. Both our friends and foes de- of condoning or paying for such act, with harsher sentences discriminates pend on the drug war at times for rev- the State is responsible for protecting against black Americans. enue to pursue their causes, which fre- life rather than participating in taking A wealthy suburbanite caught using quently are the same as ours. it. This is quite a different role for drugs is much less likely to end up in The sooner we wake up to this seri- Government than we currently have. prison than someone from the inner ously flawed approach to fighting drug We can expect the pro-life and pro- city. This inequity adds to the conflict usage, the better. abortion and euthanasia groups to be- between races and between the poor The notion that the Federal Govern- come more vocal and confrontational and the police. And it is so unneces- ment has an obligation to protect us in time as long as Government is used sary. from ourselves drives the drug war. But to commit acts that a large number of There are no documented benefits this idea also drives the do-gooders in people find abhorrent. Partial-birth from the drug war. Even if reduction in Washington to involve themselves in abortion dramatize the issue at hand drug usage could have been achieved, every aspect of our lives. and clearly demonstrates how close we the cost in dollars and loss of liberty American citizens cannot move with- are to legalizing infanticide. This prob- would never have justified it. But we out being constantly reminded by con- lem should be dealt with by the States do not have that to deal with since sumer advocates, environmentalists, and without the Federal courts or the drug usage continues to get worse. safety experts and bureaucratic busy- U.S. Congress involvement. In addition, we have all the problems bodies what they can or cannot do. The ill-conceived drug war of the associated with the drug war. The ef- Once government becomes our pro- past 30 years has caused great harm to fort to diminish the use of drugs and to tector, there are no limits. Federal reg- our society. It has undermined privacy improve the personal habits of some of ulations dictate the amount of water in

VerDate 08-FEB-2001 00:02 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.027 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H235 our commodes and the size and shape economic and political system will have been replaced with welfarism, of our washing machines. Complicated soon be transposed into a fascist sys- paper money, and collective manage- USDA regulations dictate the size of tem. The further along we go in that ment of property. The new system con- the holes in Swiss cheese. We cannot direction, the more difficult it becomes dones special-interest cronyism and re- even turn off our automobile air bags to reverse the tide without undue suf- jects individualism, profits and vol- when they present a danger to a child fering. This cannot be done unless re- untary contracts. without Federal permission. spect for the rule of law is restored. Concern for the future is real, be- Riding in a car without a seatbelt That means all public officials must cause it is unreasonable to believe that may be unwise, but should it be a fed- live up to their promise to follow the the prosperity and relative tranquility eral crime? Why not make us all wear written contract between the people can be maintained with the current rib pads and football helmets that and the Government, the U.S. Con- system. Not being concerned means would reduce serious injuries and save stitution. that one must be content with the sta- many dollars for the government tus quo and that current conditions b 1100 health system. can be maintained with no negative Regulations on holistic medicine, For far too long, we have accepted consequences. That, I maintain, is a natural remedies, herbs and vitamins the idea that government can and dream. are now commonplace and continue to should take care of us. But that is not There is growing concern about our grow. Who gave the Government the what a free society is all about. When future by more and more Americans. right to make these personal decisions government gives us something, it does They are especially concerned about for us? Are the people really so igno- two bad things. First, it takes it from the moral conditions expressed in our rant that only the politicians and bu- someone else; second, it causes depend- movies, music and television programs. reaucrats can make these delicate deci- ency on government. A wealthy coun- Less concern is expressed regarding the sions for them? try can do this for long periods of time, political and economic system. A na- Today, if a drug shows promise for but eventually the process collapses. tion’s moral foundation inevitably re- treating a serious illness and both pa- Freedom is always sacrificed and even- flects the type of government and, in tient and doctor would like to try it on tually the victims rebel. As needs turn, affects the entire economic and an experimental basis, permission can grow, the producers are unable or un- political system. be given only by the FDA and only willing to provide the goods the gov- In some ways I am pleasantly sur- after much begging. Permission fre- ernment demands. Wealth then hides prised by the concern expressed about quently is not granted, even if the or escapes, going underground or over- America’s future, considering the pros- dying patient is pleading to take the seas, prompting even more government perity we enjoy. Many Americans sense a serious problem in general, without risk. intrusion to stop the exodus from the The Government is not anxious to system. This only compounds the prob- specifically understanding the eco- give up any of its power to make these lem. nomic and political ramifications. Inflation, the erosion of the dollar, is decisions. People in Government think Endless demands and economic cor- always worse than the government ad- that is what they are supposed to do rections that come with the territory mits. It may be that more Americans for the good of the people. Free choice will always produce deficits. An accom- are suffering than generally admitted. is what freedom is all about and it modating central bank then is forced to steal wealth through the inflation Government intrusion in our lives is means freedom to take risks, as well. commonplace. Some unemployed are As a physician deeply concerned tax by merely printing money and cre- not even counted. Lower middle-class about the health of all Americans, I am ating credit out of thin air. Even though these policies may work for citizens have not enjoyed an increase convinced that the Government en- in the standard of living others have. croachment into the health care awhile, eventually they will fail. As wealth is diminished, recovery becomes The fluctuation in the stock market choices has been very detrimental. may have undermined confidence. more difficult in an economy operating There are many areas where the Fed- Most Americans still believe every- with a fluctuating fiat currency and a eral Government has been involved one has a right to a free education, but when they should not have and created marketplace overly burdened with reg- they don’t connect this concept to the more problems than it solved. There is ulation, taxes and inflation. evidence: That getting a good edu- no evidence that the Federal Govern- The time to correct these mistakes is cation is difficult; that drugs are ramp- ment has improved education or medi- prior to the bad times, before tempers ant in public schools; that safety in cine in spite of the massive funding and flare. Congress needs to consider a new public schools is a serious problem; and mandates of the last 40 years, yet all economic and foreign policy. that the cost is amazing for a system we hear is a call for increased spending Why should any of us be concerned of free education if one wants a real and more mandates. about the future, especially if pros- education. How bad will it get before we reject perity is all around us? America has The quality of medical care is slip- the big government approach is any- been truly blessed. We are involved in ping and the benefits provided by gov- body’s guess. no major military conflicts. We remain ernment are seen by more and more Welfarism and government interven- one of the freest nations on Earth. Cur- people to not really be benefits at all. tionism are failed systems and always rent economic conditions have allowed This trend does not make Americans lead to ever more intrusive govern- for low unemployment and a strong feel more confident about the future of ment. dollar, with cheap purchases from over- health care. Let there be no doubt, The issue of privacy is paramount. seas further helping to keep price infla- many Americans are concerned about Most Americans and Members of Con- tion in check. Violent crimes have their future, even though many still gress recognize the need to protect ev- been reduced; and civil disorder, such argue that the problem is only that eryone’s privacy. But the loss of pri- as we saw in the 1960s, is absent. government has not done enough. vacy is merely the symptom of an au- We have good reason to be concerned I have expressed concern that our thoritarian government. for our future. Prosperity can persist, policies are prone to lead to war, eco- Effort can and should be made, even even after the principles of a sound nomic weakness, and social discord. under today’s circumstances, to impede market economy have been under- Understanding the cause of these prob- the Government’s invasion of privacy. mined; but only for a limited period of lems is crucial to finding a solution. If But we must realize that our privacy time. we opt for more government benevo- and our liberty will always be threat- Our economic, military, and political lence and meddling in our lives, along ened as long as we instruct our Govern- power, second to none, has perpetuated with more military adventurism, we ment to manage a welfare state and to a system of government no longer de- have to expect an even greater attack operate a foreign policy as if we are the pendent on the principles that brought on the civil liberties of all Americans, world’s policemen. our Republic to greatness. Private- both rich and poor. If the trends we have witnessed over property rights, sound money and self- America continues to be a great the past 70 years are not reversed, our reliance have been eroded; and they country, and we remain prosperous. We

VerDate 08-FEB-2001 00:02 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.029 pfrm01 PsN: H08PT1 H236 CONGRESSIONAL RECORD — HOUSE February 8, 2001 have a system of freedom and opportu- they also fought for human rights vote for the State of Illinois for Presi- nities that motivate many in the world abroad and condemned those who dent after no candidate garnered suffi- to risk their lives trying to get here. would spread intolerance and hate cient electoral votes. He cast his vote The question remains, though, can wherever it occurred. for the eventual winner, President we afford to be lax in the defense of lib- Within its current boundaries, our John Quincy Adams; and Cook County erty at this juncture in our history? I congressional district encompasses a bears his name and is one of the most do not think so. diverse community. Including northern populous counties in the Nation. The problems are not complex, and Cook and eastern Lake Counties, it Congressman Cook was followed in even the big ones can be easily handled stretches from Wilmette north along office by a series of leaders who in- if we pursue the right course. Pros- Lake Michigan’s shore to the Wis- cluded war heroes; Jacksonians; Whigs; perity and peace can be continued, but consin border. To tour our district is to Democrats; Republicans; several Civil not with the current system that per- see firsthand both the promise of the War veterans; a German immigrant; meates Washington. To blindly hope American dream and those who have and, in Representative John T. Stuart, our freedom will remain intact without not yet realized it. a law partner of President Lincoln. any renewed effort in its defense or to We are home to the best educated Numerous shifts in population expect that the good times will auto- ZIP code in the Nation, and yet we are brought many changes in the boundary matically continue places our political also home to some of the most eco- lines of today’s 10th Congressional Dis- system in great danger. nomically challenged schools in Illi- trict and redistricting has changed the Basic morality, free markets, sound nois. We have pristine wetlands and landscape of the 10th no fewer than money, and living within the rule of forests, as well as the worst PCB con- nine times in the past 180 years. We law, while clinging to the fundamental tamination in the Great Lakes, and face another change soon as Illinois precepts that made the American Re- more than 1,000 tons of highly radio- prepares to lose a congressional seat public great, are what we need. And it active spent nuclear fuel is stored 120 before the next election. is worth the effort. yards from Lake Michigan. We are also By 1902, Lake and northern Cook f home to the only training center for Counties were part of the 10th district, new recruits in the United States and the first outlines of the current OUR POLITICAL TRADITION Navy. district were formed as a new phe- The SPEAKER pro tempore (Mr. But we are mainly communities of nomenon in American living emerged, SCHROCK). Under the Speaker’s an- commuters where each day 20 percent the suburbs. nounced policy of January 3, 2001, the of my constituents commute to Chi- In 1913, the election of a Progressive gentleman from Illinois (Mr. KIRK) is cago, clawing their way each morning candidate, Charles M. Thompson, was recognized for 60 minutes. into the city and repeating the process indicative of the new independent vot- Mr. KIRK. Mr. Speaker, our only each evening. ing spirit of the 10th district and our manual of House Rules, Jefferson’s In serving the people of the 10th dis- willingness to elect whoever will best Manual, traces its heritage back to the trict, I follow a long list of role models represent our interests, regardless of mother of parliaments at the Palace of who represented us in Washington. Un- incumbency or party affiliation. Westminster in London. Our manual derstanding that I have some very Independent, thoughtful leadership still refers to the upper and lower large shoes to fill, I begin my service are common themes among the men Chambers of this House as the Com- with a look back at those Members and women who represented our 10th mons and the Lords. The tradition of who preceded me. district. Names like John Stuart, our rules is part of my own tradition Our first representative, John James Woodworth, Isaac Arnold, here as a new Member of Congress. McLean, was one of the State’s pioneer Charles Farwell, Lorenzo Brentano, Early in the 1980s, I served for a political leaders. He took his seat in George Foss and Abner Mikva. Rep- member of the House of Commons the old House Chamber on December 3, resentatives like George Adams, a Civil under Prime Minister Margaret 1818 serving just 1 year. He was later War veteran who fought in the First Thatcher. And in Parliament, great elected to the United States Senate to Regiment of the Illinois Volunteer Ar- weight is put on a member’s maiden fill a vacancy caused by the death of tillery, and Robert McClory, who speech. That speech reflects on a new Senator Ninian Edwards in 1824 and served for nearly 20 years and was a member and what they stand for. And served through March of the following House manager for the Equal Rights as I enter service for the people of year. While our pathfinder’s service Amendment in 1972. Northern Illinois, I ask myself, what was very brief in both Chambers of this But there are five men and women would my maiden speech in this House Congress, he was honored by the State, who represented the 10th district that concern. which named McLean County after stand out among this impressive crowd I chose to focus on our own political him. It was about this time that the and deserve star treatment. These five tradition with a special emphasis on first European family settled on the heroes fought against slavery, advo- the men and women who represented us North Shore in what is now known as cated equal pay for women and civil in this House in the past. A look at Evanston, residing in a place that was rights initiatives, the rule of law and their accomplishments and service described as ‘‘a rude habitation of served a number of Presidents as they mirrors who we are and the gifts we posts, poles and blankets.’’ More nota- battled for human rights abuses abroad provide to the Nation. ble, though, was the construction of while funding biomedical research here On review, and helped by the patient the first permanent structure on the at home. These five exemplify a high research of Patrick Magnuson of my North Shore, a roadside grocery serv- standard of leadership demanded by staff, I found that our community has ing cold beer and liquor to travelers. our constituents and expected by our a 180-year tradition of sending leaders This grocery was described as ‘‘the nation. to this Congress who were very inde- headquarters of counterfeiters, fugi- Elected in the 33rd Congress as a pendent and ahead of their times. Ours tives from justice and generally speak- Whig, Representative Elihu B. is a rich tradition that I can only hope ing a vile resort.’’ Ironically, 100 years Washburne served his final seven terms to reflect well upon in the coming later Evanston would become the inter- as a Republican. During his tenure in years. Our tradition traces its roots to national headquarters of the Women’s Congress, he served as chairman of the 1818 when a new State of Illinois stood Christian Temperance Union; and it is Committee on Commerce and, in the on the frontier of a growing Nation. My from these Spartan but colorful begin- 40th Congress, as chairman of the Com- predecessors were committed to the nings that we trace our suburban his- mittee on Appropriations. In 1862, people of Illinois and to especially the tory. President Lincoln personally lobbied to good of this Union. At the same time, Representative McLean was suc- have him elected Speaker, ultimately they understood the important role of ceeded in office by Daniel P. Cook, who falling short. the United States in the world as a in 1824 faced a political situation all Representative Washburne’s inde- beacon of freedom; and while they too familiar today. He was given the pendence is legendary. He was a strong fought for civil rights here at home, unenviable task of casting the sole opponent of slavery and became known

VerDate 08-FEB-2001 04:58 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.030 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H237 as one of the leaders of the Radical Re- ple living in our community today still the Office of Economic Opportunity. publicans along with Thaddeus Stevens remember Congressman Ralph Church Not knowing a lot about the office’s and Charles Sumner. This group was and his wife Marguerite. mission at the time, he turned to his outspoken in its opposition to slavery The second star in our story is a rep- chief of staff, Bruce Ladd, who had an and went well beyond calling for sim- resentative far ahead of her time, Rep- intern friend of his who had written a ple abolition. resentative Church’s widow, Mar- college paper on the Office of Economic guerite Church. Mrs. Church succeeded b 1115 Opportunity. That intern came in to her late husband in the Congress, and brief Congressman Rumsfeld on the They called for complete equality during her first term, Illinois redis- new opportunities that were there and under law for freed slaves. The Radical tricted its congressional seats for the walked out with a job. That intern’s Republicans were critical of the Recon- first time since 1901. It placed northern name was RICHARD CHENEY. struction policies of both President Cook and Lake Counties in the 13th In 1971, President Nixon appointed Lincoln and President Andrew John- District. Rumsfeld as Director of the Cost of son. Representative Washburne argued Mrs. Church brought a common sense Living Council, a position he held until that southern plantations should be approach to Federal spending. She 1973 when he became U.S. ambassador subdivided and redistributed among spoke against what she called extrava- to NATO for 2 years. When President former slaves, and when President gant and reckless spending, earning her Ford took office in 1974, he re-called Johnson attempted to veto the exten- respect from both her colleagues and Rumsfeld to Washington to coordinate sion of the Freeman’s Bureau, the Civil constituents. Her seat on the Com- a four-man transition team. His per- Rights Act and the Reconstruction mittee on Government Operations gave formance earned him an appointment Act, Representative Washburne and his her an ideal platform to urge restraint as White House Chief of Staff, although colleagues took action and were suc- in spending, and her assignment to the he personally did not like the title and cessful in their effort to pass the Re- Committee on Foreign Affairs allowed preferred to be called staff coordinator, construction Act. her to encourage the growth of democ- and he brought Secretary CHENEY with The Radical Republicans and racy across the globe. him. Washburne became leaders in the im- Many of Mrs. Church’s policy pro- In 1975, Rumsfeld was appointed Sec- peachment of President Johnson, and posals were ahead of their time. Earlier retary of Defense, a position he held when his close friend, General Ulysses in her career, she advocated equal pay through the end of the Ford adminis- S. Grant, became President, Represent- for women, and civil rights initiatives. tration in 1977. He was awarded the ative Washburne was appointed as our The progress of the early 1960s finds its Presidential Medal of Freedom that country’s Secretary of State. He re- roots 10 years earlier in the service of same year; and during the Reagan ad- Marguerite Stitt Church. She was the signed just 11 days later, ending what ministration, Rumsfeld’s expertise led only female member of the Illinois Del- remains the shortest term of any U.S. him to accept membership on the egation and her voting record is impec- Secretary of State. President’s General Advisory Com- cable; answering more than 11,000 roll Congressman Washburne left that mittee on Arms Control and a role as calls during her tenure in the House, high office because the President of- an adviser on government and national missing only 4. fered him the opportunity to assume security affairs in 1983 and 1984. He was the leadership of the American Diplo- In 1959, as a ranking member of the Foreign Economic Policy Sub- named Special Presidential Envoy to matic Mission in Paris. Congressman the Middle East in 1984. Washburne served as our ambassador committee, she traveled more than 40,000 miles and visited 17 different Rumsfeld’s experience in the private to France through the Franco-Prussian sector as CEO of GD Searle & Company War, and there he demonstrated true countries. In 1960, at the invitation of President Eisenhower, she participated and as senior advisor to William Blair independence and initiative. Ambas- & Company complemented his impres- sador Washburne offered refuge to dip- in the White House Conference on Chil- dren and Youth, and in 1961 served as a sive government service and will help lomats from various German states and to make him an exceptional Secretary other foreigners who were abandoned member of the U.S. Delegation to the United Nation’s 15th Assembly. of Defense for the current administra- by their respective diplomatic mis- While participating, she jumped far tion. I am proud to call Secretary sions. ahead of her time, especially in her Rumsfeld a friend. In grave danger on the street, those outspoken criticism of South Africa Building on the records of diplomats found safety under the and their policy of apartheid. Mrs. Washburne, Church and Rumsfeld, American flag with Ambassador Church then retired after 1962. among others, we touch on other stars Washburne, and when the German The 88th Congress saw the beginning in our story. Army surrounded Paris in late 1870, of another legendary career, one that is Congressman McClory represented Washburne remained at his post and just now moving into its brightest Lake County and really serves as a was the only foreign diplomat still days. Donald Rumsfeld was elected rep- symbol of independence in service to resident in Paris during the days of the resentative of the 13th District, having the Nation. Congressman McClory, Commune. Those were tough times for previously served on the staff of Con- conservative, loyal Republican, a besieged Parisians who were reduced to gressman David Dennison and Robert staunch defender of President Nixon eating rats. Griffin. While in the House, Rumsfeld until the evidence became too strong. Washburne honored our Revolu- sat on the Committees on Science and It was Congressman McClory’s votes tionary War debt to France by con- Astronautics and Government Oper- for two impeachment articles that set tinuing his humanitarian service. His ations. This was during the heyday of the standard for political independence international service and commitment President Kennedy’s space program, in- and judgment and the rule of law in to humanitarian relief presaged our cluding Lake Forest’s own Jim Lovell, this House. own time when America has become who went on to command Apollo XIII. For us, we come now to the final the foundation of freedom in the inter- Rumsfeld also had a seat on the Joint predecessor of mine in this seat, Con- national system and humanitarian re- Economic Committee in both the 90th gressman John Edward Porter, who lief missions around the world. Con- and 91st Congresses. His campaigns won a special election in 1980 to follow gressman Washburne remained in Paris were indicative of what politics used to Abner Mikva. I will touch on Congress- until 1877, when he then returned to be and what they were to become. He man Mikva’s service, that it was bril- Chicago. accepted only small donations and lim- liant in its way and set another stand- Sixty years later, we come to the ited expenditures of his campaign, ard for independence, both in this opening of the career of another star in while relying on an army of volunteers Chamber and on the Federal bench. our story. Congressman Ralph Church to canvass neighborhoods and perform Following him, Congressman Porter won election to the Congress in the day-to-day tasks, which are the life- gained a seat on the Committee on Ap- 74th, 75th and 76th Congresses, and blood of a congressional campaign. propriations in 1980, where he served again in the 78th Congress, through his In 1969, he resigned his seat to accept until his retirement in the last Con- death in the 80th Congress. Many peo- President Nixon’s appointment to head gress.

VerDate 08-FEB-2001 04:44 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.032 pfrm01 PsN: H08PT1 H238 CONGRESSIONAL RECORD — HOUSE February 8, 2001 Following a trip to the Soviet Union searchers develop new and better treat- And I have something for a new community in 1983, Congressman Porter founded ments for illnesses ranging from AIDS in our town. To the Hispanic community, I say the Congressional Human Rights Cau- to cancer, diabetes and flu. ‘‘welcome’’ and we will work together for better cus. He witnessed numerous human His commitment to improving bio- schools and a health system for all. rights abuses while in the Soviet Union medical research is an investment in It is in this spirit, built on the foun- and decided to enlist the support of his the future and will undoubtedly result dations of service to others by my colleagues to bring pressure to bear on in better medical care for all people, predecessors, that I begin my work. nations and groups that mistreat the Americans and nonAmericans alike. I thank the people of the 10th district innocent or prisoners of conscience. John Porter served us all in the high- of Illinois for the opportunity to serve In his role as cochairman of the est tradition of public service and com- them as I enter service here in this Human Rights Caucus, he helped free mitment to the greater good. Having House in a new century. refuseniks, fought for the rights of served as his administrative assistant, f Northern Korean refugees and religious I could not have had a better role freedom in China, spoke out against model from whom to learn about public RECESS the use of child soldiers in Africa and service. I have some very large shoes to The SPEAKER pro tempore (Mr. condemned the brutal regime of Sani fill and can only hope to represent and SCHROCK). Pursuant to clause 12 of rule Abacha in Nigeria. serve my constituents as well as he did. I, the Chair declares the House in re- The Congressional Human Rights This record clearly demonstrates cess subject to the call of the Chair. Caucus was the first U.S. Government Northeastern Illinois’ character: Accordingly (at 11 o’clock and 31 entity to host the Dalai Lama in Wash- Strongly independent and ahead of our minutes a.m.), the House stood in re- ington, and Congressman Porter spon- time. Ideas like emancipation, equal cess subject to the call of the Chair. sored legislation authorizing the cre- pay for women and an end to apartheid f ation of Radio Free Asia and then se- were all part of our representatives’ cured appropriations to fund this leadership in decades ahead of the body b 1655 groundbreaking program, helping move politic of the time. Our opinions do not AFTER RECESS the agenda of freedom in China. necessarily adhere to strict party lines, Mr. Porter’s record of accomplish- and therefore anyone who represents The recess having expired, the House ments in foreign policies is impressive, our area must demonstrate independ- was called to order by the Speaker pro but his record of constituent service is ence and break from the party on occa- tempore (Mr. ARMEY) at 4 o’clock and unmatched. He led efforts to improve sion to cast a vote with the people. My 55 minutes p.m. safety at Waukegan Regional Airport predecessors did this, and while I am a f by updating the radar at the control firm believer in my party’s vision, it is COMMUNICATION FROM THE tower. He brought back the Coast a tradition of independence that I will CLERK OF THE HOUSE Guard Rescue Unit to the southwestern follow. shore of Lake Michigan, the same res- Elihu Washburne, Marguerite Stitt The SPEAKER pro tempore laid be- cue unit that saved my life after a Church, Don Rumsfeld, Robert fore the House the following commu- boating accident when I was a teen- McClory, John Porter, they are not nication from the Clerk of the House of ager. household names, but their service Representatives: He worked with the U.S. Army Corps shaped the history of our Nation be- OFFICE OF THE CLERK, U.S. HOUSE OF REPRESENTATIVES, of Engineers to control flooding along cause of their commitment for what the north branch of the Chicago River, Washington, DC, February 8, 2001. was right and a decision to take action Hon. J. DENNIS HASTERT, and his commitment to the environ- to protect those who were most in The Speaker, U.S. House of Representatives, ment also led him to be a strong sup- need. It is an example of what I must Washington, DC. porter of the Clean Air Act and the live up to and take heart as I embark DEAR MR. SPEAKER: Pursuant to the per- Clean Water Act. He orchestrated the on the greatest honor of my life, rep- mission granted in Clause 2(h) of Rule II of effort to designate 290 acres of land at resenting the people of the 10th dis- the Rules of the U.S. House of Representa- Fort Sheridan as open space and was trict. tives, I have the honor to transmit a sealed envelope received from the White House on one of only six House Members named Drawing on this tradition, I will taxpayer super hero by the Grace Com- February 8, 2001 at 11:35 a.m. and said to con- focus my service on constituent service tain a message from the President whereby mission’s Citizens Against Government modeled after Mrs. Church, on national he notifies the Congress that he has sub- Waste in 1992. defense modeled after Don Rumsfeld, mitted his agenda for tax relief. He was named to the Concord Coali- and America’s role in the world mod- With best wishes, I am tion’s honor roll in 1997 and 1998 for his eled after Elihu Washburne, and finally Sincerely, commitment to eliminating deficits on the foundation of biomedical re- JEFF TRANDAHL, and balancing the budget. John Porter search founded on John Porter’s tradi- Clerk of the House. was always willing to take chances tion. f when he truly believed in an issue, and As we enter the 21st century, we face THE PRESIDENT’S AGENDA FOR 15 years ago, long before it was safe to key challenges, challenges of solving TAX RELIEF—MESSAGE FROM do so, he proposed dramatic reform to the increasing gridlock in our commu- THE PRESIDENT OF THE UNITED the 3rd rail of American politics, So- nities; challenges on the environ- STATES (H. DOC. NO. 107–43) cial Security. mental front of cleaning up nuclear His proposal, in fact, can be consid- waste and PCBs; challenges of main- The SPEAKER pro tempore laid be- ered revolutionary because it was one taining the tradition of 10th district fore the House the following message of the first and is remarkably similar education excellence; challenges like from the President of the United to that of the plan announced by Presi- keeping the U.S. health care system on States; which was read and, together dent George W. Bush during his cam- the cutting edge so that each American with the accompanying papers, without paign. lives a full and healthy life, and pro- objection, referred to the Committee What Congressman Porter may be viding tax fairness for married people on Ways and Means and ordered to be most remembered for was his improve- and ending the death tax and stopping printed: ment for health care for all Americans. government waste. To the Congress of the United States: In his role as chairman of the Sub- Enclosed please find my plan to pro- committee on Labor, Health and b 1130 vide needed tax relief to the American Human Services, and Education of the Y tengo algo para un communidad people. Over the last several months, Committee on Appropriations, Con- nuevo en nuestra pueblo. A la the economy has slowed dramatically. gressman Porter launched the effort to communidad Hispanica yo digo I believe that the best way to ensure double funding for the National Insti- ‘‘bienvenido’’ y vamos a trabajar jun- that our prosperity continues is to put tutes of Health within 5 years. This ad- tos para escuelas mejores y una more money in the hands of consumers ditional funding has already helped re- sistema de salud para todos. and entrepreneurs as soon as possible. I

VerDate 08-FEB-2001 04:44 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 7634 Sfmt 0634 E:\CR\FM\K08FE7.034 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H239 look forward to working with the Con- that a motion to recess from day to day is a for inspection by the public at reasonable gress to enact meaningful tax cuts into privileged motion in the Committee. times at the Committee offices, including a law. (b) The Committee is authorized at any description of the amendment, motion, order time to conduct such investigations and or other proposition; the name of each mem- GEORGE W. BUSH. studies as it may consider necessary or ap- ber voting for and against; and the members THE WHITE HOUSE, February 8, 2001. propriate in the exercise of its responsibil- present but not voting. f ities under House Rule X and, subject to the (b) All Committee hearings, records, data, COMMUNICATION FROM THE adoption of expense resolutions as required charts, and files shall be kept separate and CLERK OF THE HOUSE by House Rule X, clause 6, to incur expenses distinct from the congressional office (including travel expenses) in connection records of the member serving as Chairman; The SPEAKER pro tempore laid be- therewith. and such records shall be the property of the fore the House the following commu- (c) The Committee is authorized to have House and all members of the House shall nication from the Clerk of the House of printed and bound testimony and other data have access thereto. Representatives: presented at hearings held by the Com- (c) House records of the Committee which OFFICE OF THE CLERK, mittee, and to distribute such information are at the National Archives shall be made U.S. HOUSE OF REPRESENTATIVES, by electronic means. All costs of steno- available pursuant to House Rule VII. The Washington, DC, February 8, 2001. graphic services and transcripts in connec- Chairman shall notify the ranking minority Hon. J. DENNIS HASTERT, tion with any meeting or hearing of the party member of any decision to withhold a The Speaker, U.S. House of Representatives, Committee shall be paid from the appro- record pursuant to the rule, and shall Washington, DC. priate House account. present the matter to the Committee upon DEAR MR. SPEAKER: Pursuant to the per- (d) The Committee shall submit to the written request of any Committee member. mission granted in Clause 2(h) of Rule II of House, not later than January 2 of each odd- (d) To the maximum extent feasible, the the Rules of the U.S. House of Representa- numbered year, a report on the activities of Committee shall make its publications avail- tives, I have the honor to transmit a sealed the committee under House Rules X and XI able in electronic form. envelope received from the White House on during the Congress ending at noon on Janu- (e) All Committee resolutions and Com- February 8, 2001 at 11:35 a.m. and said to con- ary 3 of such year. mittee motions (other than procedural mo- tain a message from the President whereby (e) The Committee’s rules shall be pub- tions) adopted by the Committee during a he notifies the Congress that he has sub- lished in the Congressional Record not later Congress shall be numbered consecutively. mitted a periodic 6-month report on the Iraq than 30 days after the Committee is elected RULE NO. 5.—PROXIES emergency. in each odd-numbered year. No vote by any member in the Committee With best wishes, I am RULE NO. 2.—REGULAR AND SPECIAL MEETINGS may be cast by proxy. Sincerely, (a) The regular meeting date of the Com- RULE NO. 6.—POWER TO SIT AND ACT; SUBPOENA JEFF TRANDAHL, mittee on House Administration shall be the POWER Clerk of the House. second Wednesday of every month when the (a) For the purpose of carrying out any of f House is in session in accordance with Clause its functions and duties under House Rules X 2(b) of House Rule XI. Additional meetings and XI, the Committee, is authorized (sub- PERIODIC REPORT ON NATIONAL may be called by the Chairman of the Com- EMERGENCY WITH RESPECT TO ject to subparagraph (b)(1) of this para- mittee (hereinafter in these rules referred to graph)— IRAQ—MESSAGE FROM THE as the ‘‘Chairman’’) as he may deem nec- (1) to sit and act at such times and places PRESIDENT OF THE UNITED essary or at the request of a majority of the within the United States, whether the House STATES (H. DOC. NO. 107–44) members of the Committee in accordance is in session, has recessed, or has adjourned, The SPEAKER pro tempore laid be- with Clause 2(c) of House Rule XI. The deter- and to hold such hearings; and mination of the business to be considered at fore the House the following message (2) to require, by subpoena or otherwise, each meeting shall be made by the Chairman the attendance and testimony of such wit- from the President of the United subject to Clause 2(c) of House Rule XI. A nesses and the production of such books, States; which was read and, together regularly scheduled meeting may be dis- records, correspondence, memorandums, pa- with the accompanying papers, without pensed with if, in the judgment of the Chair- pers, and documents; as it deems necessary. objection, referred to the Committee man, there is no need for the meeting. The Chairman, or any member designated by on International Relations and ordered (b) If the Chairman is not present at any the Chairman, may administer oaths to any to be printed: meeting of the Committee, or at the discre- witness. To the Congress of the United States: tion of the Chairman, the Vice Chairman of (b)(1) A subpoena may be authorized and the Committee shall preside at the meeting. As required by section 401(c) of the issued by the Committee in the conduct of If the Chairman and Vice Chairman of the any investigation or series of investigations National Emergencies Act, 50 U.S.C. Committee are not present at any meeting of or activities, only when authorized by a ma- 1641(c), and section 204(c) of the Inter- the Committee, the ranking member of the jority of the members voting, a majority national Emergency Economic Powers majority party who is present shall preside being present. The power to authorize and Act, 50 U.S.C. 1703(c), I transmit here- at the meeting. issue subpoenas under subparagraph (a)(2) with a 6-month periodic report on the RULE NO. 3—OPEN MEETINGS may be delegated to the Chairman pursuant national emergency with respect to As required by Clause 2(g), of House Rule to such rules and under such limitations as Iraq that was declared in Executive XI, each meeting for the transaction of busi- the Committee may prescribe. Authorized Order 12722 of August 2, 1990. ness, including the markup of legislation, of subpoenas shall be signed by the Chairman the Committee, shall be open to the public or by any member designated by the Com- GEORGE W. BUSH. mittee, and may be served by any person des- THE WHITE HOUSE, February 8, 2001. except when the Committee, in open session and with a quorum present, determines by ignated by the Chairman or such member. f record vote that all or part of the remainder (2) Compliance with any subpoena issued PUBLICATION OF THE RULES OF of the meeting on that day shall be closed to by the Committee may be enforced only as authorized or directed by the House. THE COMMITTEE ON HOUSE AD- the public because disclosure of matters to MINISTRATION—107TH CONGRESS be considered would endanger national secu- RULE NO. 7.—QUORUMS rity, would compromise sensitive law en- No measure or recommendation shall be The SPEAKER pro tempore. Under a forcement information, or would tend to de- reported to the House unless a majority of previous order of the House, the gen- fame, degrade or incriminate any person, or the Committee is actually present. For the tleman from Ohio (Mr. NEY) is recog- otherwise would violate any law or rule of purposes of taking any action other than re- nized for 5 minutes. the House: Provided, however, that no person porting any measure, issuance of a subpoena, Mr. NEY. Mr. Speaker, I am submitting the other than members of the Committee, and closing meetings, promulgating Committee attached Committee on House Administration such congressional staff and such depart- orders, or changing the rules of the Com- rules for the 107th Congress for publication in mental representatives as they may author- mittee, one-third of the members of the ize, shall be present in any business or mark- Committee shall constitute a quorum. For the CONGRESSIONAL RECORD pursuant to up session which has been closed to the pub- purposes of taking testimony and receiving House Rule XI, Clause 2(a)(2). These Rules lic. evidence, two members shall constitute a were adopted by the Committee on February RULE NO. 4—RECORDS AND ROLLCALLS quorum. 7, 2001. (a) The result of each record vote in any RULE NO. 8.—AMENDMENTS RULES OF THE COMMITTEE ON HOUSE ADMINIS- meeting of the Committee shall be trans- Any amendment offered to any pending TRATION, ONE HUNDRED SEVENTH CONGRESS mitted for publication in the Congressional legislation before the Committee must be RULE NO. 1.—GENERAL PROVISIONS Record as soon as possible, but in no case made available in written form when re- (a) The Rules of the House are the rules of later than two legislative days following quested by any member of the Committee. If the Committee so far as applicable, except such record vote, and shall be made available such amendment is not available in written

VerDate 08-FEB-2001 04:44 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.013 pfrm01 PsN: H08PT1 H240 CONGRESSIONAL RECORD — HOUSE February 8, 2001 form when requested, the Chair will allow an (B) receive such evidence or testimony in mitted by the time of the filing of the report, appropriate period of time for the provision executive session; and and thereof. (C) receive and dispose of requests from (2) shall bear upon its cover a recital that RULE NO. 9.—HEARING PROCEDURES such person to subpoena additional wit- any such supplemental, minority, or addi- nesses. tional views (and any material submitted (a) The Chairman, in the case of hearings (6) Except as provided in subparagraph under subparagraph (c) are included as part to be conducted by the Committee, shall (e)(5), the Chairman shall receive and the of the report. This subparagraph does not make public announcement of the date, Committee shall dispose of requests to sub- preclude— place, and subject matter of any hearing to poena additional witnesses. (A) the immediate filing or printing of a be conducted on any measure or matter at (7) No evidence or testimony taken in exec- Committee report unless timely request for least one (1) week before the commencement utive session may be released or used in pub- the opportunity to file supplemental, minor- of that hearing. If the Chairman, with the lic sessions without the consent of the Com- ity, or additional views has been made as concurrence of the ranking minority mem- mittee. provided by paragraph (c); or ber, determines that there is good cause to (8) In the discretion of the Committee, wit- (B) the filing of any supplemental report begin the hearing sooner, or if the Com- nesses may submit brief and pertinent sworn upon any measure or matter which may be mittee so determines by majority vote, a statements in writing for inclusion in the required for the correction of any technical quorum being present for the transaction of record. The Committee is the sole judge of error in a previous report made by the Com- business, the Chairman shall make the an- the pertinency of testimony and evidence ad- mittee upon that measure or matter. nouncement at the earliest possible date. duced at its hearing. (3) shall, when appropriate, contain the The clerk of the Committee shall promptly (9) A witness may obtain a transcript copy documents required by clause 3(e) of Rule notify the Daily Digest Clerk of the Congres- of his testimony given at a public session or, XIII of the Rules of the House. sional Record as soon as possible after such if given at an executive session, when au- (f) If hearings have been held on any such public announcement is made. thorized by the Committee. measure or matter so reported, the Com- mittee shall make every reasonable effort to (b) Unless excused by the Chairman, each RULE NO. 10.—PROCEDURES FOR REPORTING have such hearings published and available witness who is to appear before the Com- MEASURES OR MATTERS to the members of the House prior to the mittee shall file with the clerk of the Com- (a)(1) It shall be the duty of the Chairman mittee, at least 48 hours in advance of his or consideration of such measure or matter in to report or cause to be reported promptly to the House. her appearance, a written statement of his or the House any measure approved by the her proposed testimony and shall limit his or (g) The Chairman may designate any mem- Committee and to take or cause to be taken ber of the Committee to act as ‘‘floor man- her oral presentation to a summary of his or necessary steps to bring the matter to a her statement. ager’’ of a bill or resolution during its con- vote. sideration in the House. (c) When any hearing is conducted by the (2) In any event, the report of the Com- RULE NO. 11.—COMMITTEE OVERSIGHT Committee upon any measure or matter, the mittee on a measure which has been ap- minority party members on the Committee proved by the Committee shall be filed with- The Committee shall conduct oversight of shall be entitled, upon request to the Chair- in 7 calendar days (exclusive of days on matters within the jurisdiction of the Com- man by a majority of those minority mem- which the House is not in session) after the mittee in accordance with House Rule X, bers before the completion of such hearing, day on which there has been filed with the clause 2 and clause 4. Not later than Feb- ruary 15 of the first session of a Congress, to call witnesses selected by the minority to clerk of the Committee a written request, the Committee shall, in a meeting that is testify with respect to that measure or mat- signed by a majority of the members of the open to the public and with a quorum ter during at least one day of hearings there- Committee, for the reporting of that meas- present, adopt its oversight plans for that on. ure. Upon the filing of any such request, the Congress in accordance with House Rule X, (d) Committee members may question a clerk of the Committee shall transmit imme- clause 2(d). witnesses only when they have been recog- diately to the Chairman notice of the filing nized by the Chairman for that purpose, and of that request. RULE NO. 12.—REVIEW OF CONTINUING only for a 5-minute period until all members (b)(1) No measure or recommendation shall PROGRAMS; BUDGET ACT PROVISIONS present have had an opportunity to question be reported to the House unless a majority of (a) The Committee shall, in its consider- a witness. The 5-minute period for ques- the Committee is actually present. ation of all bills and joint resolutions of a tioning a witness by any one member can be (2) With respect to each record vote on a public character within its jurisdiction, en- extended as provided by House Rules. The motion to report any measure or matter of a sure that appropriation for continuing pro- questioning of a witness in Committee hear- public character, and on any amendment of- grams and activities of the Federal Govern- ings shall be initiated by the Chairman, fol- fered to the measure or matter, the total ment and the District of Columbia govern- lowed by the ranking minority party mem- number of votes cast for and against, and the ment will be made annually to the maximum ber and all other members alternating be- names of those members voting for and extent feasible and consistent with the na- tween the majority and minority. In recog- against, shall be included in the Committee ture, requirement, and objectives of the pro- nizing members to question witnesses in this report on the measure or matter. grams and activities involved. For the pur- fashion, the Chairman shall take into consid- (c) The report of the Committee on a meas- poses of this paragraph a Government agen- eration the ratio of the majority to minority ure or matter which has been approved by cy includes the organizational units of gov- members present and shall establish the the Committee shall include the matters re- ernment listed in clause 4(e) of Rule X of order of recognition for questioning in such quired by clause 3(c) of Rule XIII of the House Rules. a manner as not to disadvantage the mem- Rules of the House. (b) The Committee shall review, from time bers of the majority. The Chairman may ac- (d) Each report of the Committee on each to time, each continuing program within its complish this by recognizing two majority bill or joint resolution of a public character jurisdictions for which appropriations are members for each minority member recog- reported by the Committee shall include a not made annually in order to ascertain nized. statement citing the specific powers granted whether such program could be modified so (e) The following additional rules shall to the Congress in the Constitution to enact that appropriations therefor would be made apply to hearings: the law proposed by the bill or joint resolu- annually. (1) The Chairman at a hearing shall an- tion. (c) The Committee shall, on or before Feb- nounce in an opening statement the subject (e) If, at the time of approval of any meas- ruary 25 of each year, submit to the Com- of the investigation. ure or matter by the Committee, any mem- mittee on the Budget (1) its views and esti- (2) A copy of the Committee rules and this ber of the Committee gives notice of inten- mates with respect to all matters to be set clause shall be made available to each wit- tion of file supplemental, minority, or addi- forth in the concurrent resolution on the ness. tional views, that member shall be entitled budget for the ensuing fiscal year which are (3) Witnesses at hearings may be accom- to not less than two additional calendar days within its jurisdiction or functions, and (2) panied by their own counsel for the purpose after the day of such notice, commencing on an estimate of the total amounts of new of advising them concerning their constitu- the day on which the measure or matter(s) budget authority, and budget outlays result- tional rights. was approved, excluding Saturdays, Sundays, ing therefrom, to be provided or authorized (4) The Chairman may punish breaches of and legal holidays, in which to file such in all bills and resolutions within its juris- order and decorum, and of professional ethics views, in writing and signed by that member, diction which it intends to be effective dur- on the part of counsel, by censure and exclu- with the clerk of the Committee. All such ing that fiscal year. sion from the hearings; and the Committee views so filed by one or more members of the (d) As soon as practicable after a concur- may cite the offender to the House for con- Committee shall be included within, and rent resolution on the budget for any fiscal tempt. shall be a part of, the report filed by the year is agreed to, the Committee (after con- (5) If the Committee determines that evi- Committee with respect to that measure or sulting with the appropriate committee or dence or testimony at a hearing may tend to matter. The report of the Committee upon committees of the Senate) shall subdivide defame, degrade, or incriminate any person, that measure or matter shall be printed in a any allocation made to it, the joint explana- it shall— single volume which— tory statement accompany the conference (A) afford such person an opportunity vol- (1) shall include all supplemental, minor- report on such resolution, and promptly re- untarily to appear as a witness; ity, or additional views which have been sub- port such subdivisions to the House, in the

VerDate 08-FEB-2001 04:44 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.025 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H241 manner provided by section 302 of the Con- (A) the purpose of the travel; their remarks and include extraneous gressional Budget Act of 1974. (B) the dates during which the travel will material:) (e) Whenever the Committee is directed in occur; Mr. DUNCAN, for 5 minutes, today. a concurrent resolution on the budget to de- (C) the names of the countries to be visited Mr. SMITH of New Jersey, for 5 min- termine and recommend changes in laws, and the length of time to be spent in each; bills, or resolutions under the reconciliation (D) an agenda of anticipated activities for utes, today. process it shall promptly make such deter- each country for which travel is authorized Mr. NEY, for 5 minutes, today. mination and recommendations, and report a together with a description of the purpose to (The following Member (at his own reconciliation bill or resolution (or both) to be served and the areas of committee juris- request) to revise and extend his re- the House or submit such recommendations diction involved; and marks and include extraneous mate- to the Committee on the Budget, in accord- (E) the names of members and staff for rial:) whom authorization is sought. ance with the Congressional Budget Act of Mr. DEFAZIO, for 5 minutes, today. 1974. (2) At the conclusion of any hearing, inves- RULE NO. 13.—BROADCASTING OF COMMITTEE tigation, study, meeting or conference for f HEARINGS AND MEETINGS which travel outside the United States has been authorized pursuant to this rule, mem- SENATE BILL REFERRED Whenever any hearing or meeting con- bers and staff attending meetings or conducted by the Committee is open to the pub- A bill of the Senate of the following ferences shall submit a written report to the lic, those proceedings shall be open to cov- title was taken from the Speaker’s Chairman covering the activities and other erage by television, radio, and still photog- table and, under the rule, referred as pertinent observations or information gained raphy, as provided in Clause 4 of House Rule as a result of such travel. follows: XI, subject to the limitations therein. Oper- (c) Members and staff of the Committee S. 248. An act to amend the Admiral James ation and use of any Committee Internet performing authorized travel on official busi- W. Nance and Meg Donovan Foreign Rela- broadcast system shall be fair and non- ness shall be governed by applicable laws, tions Authorization Act, Fiscal Years 2000 partisan and in accordance with clause 4(b) resolutions, or regulations of the House and and 2001, to adjust a condition on the pay- of rule XI and all other applicable rules of of the Committee on House Administration ment of arrearages to the United Nations the Committee and the House. pertaining to such travel. that sets the maximum share of any United RULE NO. 14.—COMMITTEE STAFF RULE NO. 16.—POWERS AND DUTIES OF SUBUNITS Nations peacekeeping operation’s budget The staff of the Committee on House Ad- OF THE COMMITTEE that may be assessed of any country; to the ministration shall be appointed as follows: Committee on International Relations. The Chairman is authorized to establish A. The Committee staff shall be appointed, appropriately named subunits, such as task f except as provided in paragraph (B), and may forces, composed of members of the Com- be removed by the Chairman and shall work mittee, for any purpose, measure or matter; JOINT RESOLUTION PRESENTED under the general supervision and direction one member of each such subunit shall be TO THE PRESIDENT of the Chairman; designated chairman of the subunit by the B. All staff provided to the minority party Mr. Trandahl, Clerk of the House, re- Chairman. All such subunits shall be consid- members of the Committee shall be ap- ported that on the following date he ered ad hoc subcommittees of the Com- pointed, and may be removed, by the ranking presented to the President, for his ap- mittee. The rules of the Committee shall be minority member of the Committee, and the rules of any subunit of the Committee, proval, a joint resolution of the House shall work under the general supervision and so far as applicable, or as otherwise directed of the following title: direction of such member; by the Chairman. Each subunit of the Com- On February 7, 2001: C. The Chairman shall fix the compensa- mittee is authorized to meet, hold hearings, H.J. Res. 7. Recognizing the 90th birthday tion of all staff of the Committee, after con- receive evidence, and to require, by subpoena of Ronald Reagan. sultation with the ranking minority member or otherwise, the attendance and testimony regarding any minority party staff, within f of such witnesses and the production of such the budget approved for such purposes for books, records, correspondence, memoran- the Committee. ADJOURNMENT dums, papers, and documents, as it deems RULE NO. 15.—TRAVEL OF MEMBERS AND STAFF necessary, and to report to the full Com- Mr. KIRK. Mr. Speaker, I move that (a) Consistent with the primary expense mittee on all measures or matters for which the House do now adjourn. resolution and such additional expense reso- it was created. Chairmen of subunits of the The motion was agreed to; accord- lutions as may have been approved, the pro- Committee shall set meeting dates with the ingly (at 4 o’clock and 57 minutes visions of this rule shall govern travel of approval of the Chairman of the full Com- p.m.), under its previous order, the Committee members and staff. Travel for mittee, with a view toward avoiding simulta- House adjourned until Monday, Feb- any member or any staff member shall be neous scheduling of Committee and subunit ruary 12, 2001, at 2 p.m. paid only upon the prior authorization of the meetings or hearings wherever possible. It Chairman. Travel may be authorized by the shall be the practice of the Committee that f Chairman for any member and any staff meetings of subunits not be scheduled to member in connection with the attendance occur simultaneously with meetings of the OATH FOR ACCESS TO CLASSIFIED of hearings conducted by the Committee and full Committee. In order to ensure orderly INFORMATION meetings, conferences, and investigations and fair assignment of hearing and meeting Under clause 13 of rule XXIII, the fol- which involve activities or subject matter rooms, hearings and meetings should be ar- lowing Members executed the oath for under the general jurisdiction of the Com- ranged in advance with the Chairman mittee. Before such authorization is given through the clerk of the Committee. access to classified information: ´ ´ there shall be submitted to the Chairman in RULE NO. 17.—OTHER PROCEDURES AND Neil Abercrombie, Anıbal Acevedo-Vila, writing the following: REGULATIONS Robert B. Aderholt, W. Todd Akin, Robert E. (1) The purpose of the travel; Andrews, Richard K. Armey, Spencer Bach- The Chairman may establish such other (2) The dates during which the travel will us, Richard H. Baker, Cass Ballenger, Bob procedures and take such actions as may be occur; Barr, Roscoe G. Bartlett, Joe Barton, necessary to carry out the foregoing rules or (3) The locations to be visited and the Charles F. Bass, Ken Bentsen, Doug Bereu- to facilitate the effective operation of the length of time to be spent in each; ter, Shelley Berkley, Howard L. Berman, committee. (4) The names of members and staff seek- Judy Biggert, Michael Bilirakis, Rod R. ing authorization. RULE NO. 18.—DESIGNATION OF CLERK OF THE Blagojevich, Roy Blunt, Sherwood L. Boeh- (b)(1) In the case of travel outside the COMMITTEE lert, John A. Boehner, Henry Bonilla, David United States of members and staff of the For the purposes of these rules and the E. Bonior, Leonard L. Boswell, Rick Bou- Committee for the purpose of conducting Rules of the House of Representatives, the cher, Sherrod Brown, Henry E. Brown, Jr., hearings, investigations, studies, or attend- staff director of the Committee shall act as Ed Bryant, Richard Burr, Dan Burton, Steve ing meetings and conferences involving ac- the clerk of the Committee. Buyer, Sonny Callahan, Dave Camp, Eric tivities or subject matter under the legisla- f Cantor, Shelley Moore Capito, Benjamin L. tive assignment of the committee, prior au- Cardin, Brad Carson, Saxby Chambliss, Wm. thorization must be obtained from the Chair- SPECIAL ORDERS GRANTED Lacy Clay, Jr., Eva M. Clayton, Howard man. Before such authorization is given, By unanimous consent, permission to Coble, Mac Collins, Larry Combest, Gary A. there shall be submitted to the Chairman, in address the House, following the legis- Condit, Christopher Cox, William J. Coyne, writing, a request for such authorization. Philip M. Crane, Ander Crenshaw, Joseph Each request, which shall be filed in a man- lative program and any special orders Crowley, Barbara Cubin, John Abney ner that allows for a reasonable period of heretofore entered, was granted to: Culberson, Randy ‘‘Duke’’ Cunningham, time for review before such travel is sched- (The following Members (at the re- Danny K. Davis, Jo Ann Davis, Thomas M. uled to begin, shall include the following: quest of Mr. KIRK) to revise and extend Davis, Nathan Deal, Diana DeGette, William

VerDate 08-FEB-2001 04:05 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.027 pfrm01 PsN: H08PT1 H242 CONGRESSIONAL RECORD — HOUSE February 8, 2001 D. Delahunt, Rosa L. DeLauro, Tom DeLay, nice Johnson, Nancy L. Johnson, Sam John- hall, II, Jim Ramstad, Ralph Regula, Dennis Jim DeMint, Peter Deutsch, Lincoln Diaz- son, Stephanie Tubbs Jones, Walter B. Jones, R. Rehberg, Silvestre Reyes, Thomas M. Balart, Norman D. Dicks, John D. Dingell, Paul E. Kanjorski, Ric Keller, Sue W. Kelly, Reynolds, Lynn N. Rivers, Ciro D. Rodriguez, Lloyd Doggett, Calvin M. Dooley, John T. Brian D. Kerns, Dale E. Kildee, Peter T. Tim Roemer, Mike Rogers, Ileana Ros- Doolittle, Michael F. Doyle, David Dreier, King, Jack Kingston, Mark Steven Kirk, Lehtinen, Steven R. Rothman, Marge Rou- John J. Duncan, Jr., Jennifer Dunn, Chet Ed- Gerald D. Kleczka, Joe Knollenberg, Jim kema, Edward R. Royce, Loretta Sanchez, wards, Vernon J. Ehlers, Robert L. Ehrlich, Kolbe, Dennis J. Kucinich, Ray LaHood, Bernard Sanders, Max Sandlin, Tom Sawyer, Jr., Jo Ann Emerson, Eliot L. Engel, Lane Nick Lampson, James R. Langevin, John B. Janice D. Schakowsky, Adam B. Schiff, Ed- Evans, Terry Everett, Sam Farr, Mike Fer- Larson, Tom Latham, Barbara Lee, Jerry ward L. Schrock, F. James Sensenbrenner, guson, Jeff Flake, Ernie Fletcher, Mark Lewis, John Lewis, Ron Lewis, John Linder, Jr., Jose´ E. Serrano, Brad Sherman, Don Foley, Vito Fossella, Barney Frank, Rodney William O. Lipinski, Frank A. LoBiondo, Zoe Sherwood, John Shimkus, Ronnie Shows, Mi- P. Frelinghuysen, Martin Frost, Elton Lofgren, Nita M. Lowey, Frank D. Lucas, chael K. Simpson, Joe Skeen, Ike Skelton, Gallegly, Greg Ganske, George W. Gekas, Ken Lucas, Bill Luther, Carolyn B. Maloney, Louise McIntosh Slaughter, Christopher H. Richard A. Gephardt, Jim Gibbons, Wayne T. James H. Maloney, Donald A. Manzullo, Ed- Smith, Lamar S. Smith, Nick Smith, Vic Gilchrest, Paul E. Gillmor, Benjamin A. Gil- ward J. Markey, Frank Mascara, Carolyn Snyder, Mark E. Souder, Floyd Spence, John man, Charles A. Gonzalez, Virgil H. Goode, McCarthy, John McHugh, Michael R. McNul- N. Spratt, Jr., Cliff Stearns, Charles W. Sten- Jr., Bob Goodlatte, Bart Gordon, Porter J. ty, Carrie P. Meek, Gregory W. Meeks, John holm, Bob Stump, Bart Stupak, John E. Goss, Lindsey O. Graham, Kay Granger, Sam L. Mica, Dan Miller, Gary G. Miller, Patsy T. Sununu, John E. Sweeney, Thomas G. Graves, Mark Green, Felix J. Grucci, Jr., Gil Mink, John Joseph Moakley, Alan B. Mol- Tancredo, Ellen O. Tauscher, W.J. (Billy) Gutknecht, Tony P. Hall, James V. Hansen, lohan, Dennis Moore, James P. Moran, Jerry Tauzin, Charles H. Taylor, Lee Terry, Wil- J. Dennis Hastert, Alcee L. Hastings, Robin Moran, Constance A. Morella, John P. Mur- liam M. Thomas, Mike Thompson, Mac Hayes, J.D. Hayworth, Wally Herger, Van tha, Sue Wilkins Myrick, Jerrold Nadler, Thornberry, John R. Thune, Patrick J. Hilleary, Earl F. Hilliard, Maurice D. Hin- Robert W. Ney, Charlie Norwood, Jim Tiberi, James A. Traficant, Jr., Mark Udall, chey, David L. Hobson, Joseph M. Hoeffel, Nussle, John W. Olver, Doug Ose, C.L. Otter, Robert A. Underwood, Fred Upton Peter J. Peter Hoekstra, Rush D. Holt, Stephen Horn, Michael G. Oxley, Bill Pascrell, Jr., Ed Pas- Visclosky, David Vitter, James T. Walsh, John N. Hostettler, Amo Houghton, Steny H. tor, Mike Pence, John E. Peterson, Thomas Maxine Waters, Wes Watkins, J.C. Watts, Hoyer, Asa Hutchinson, Henry J. Hyde, Jay E. Petri, Charles W. Pickering, Joseph R. Jr., Henry A. Waxman, Curt Weldon, Dave Inslee, Johnny Isakson, Steve Israel, Ernest Pitts, Todd Russell Platts, Richard W. Weldon, Jerry Weller, Ed Whitfield, Roger F. J. Istook, Jr., Jesse L. Jackson, Jr., Sheila Pombo, Rob Portman, Deborah Pryce, Adam Wicker, Heather Wilson, Frank R. Wolf, C.W. Jackson-Lee, Christopher John, Eddieh Ber- H. Putnam, George Radanovich, Nick J. Ra- Bill Young, Don Young. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the first and fourth quarters of 2000, by Committees of the House of Representatives, pursuant to Public Law 95–384, and for miscellaneous groups in connection with official foreign travel during the first quarter of 2000 are as follows:

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JULY 1 AND SEPT. 30, 2000

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

David Abramowitz ...... 7/7 7/8 Romania ...... 125.00 ...... 125.00 Commercial airfare ...... 7/7 7/8 ...... 91.92 ...... 91.92 David Adams ...... 7/29 7/31 Venezuela ...... 530.00 ...... 530.00 7/31 8/1 Colombia ...... 193.00 ...... 193.00 8/1 8/2 Nicaragua ...... 284.00 ...... 284.00 Hon. Cass Ballenger ...... 7/29 7/31 Venezuela ...... 50.00 ...... 3 1,358.37 ...... 1,408.87 7/31 8/1 Colombia ...... 153.30 ...... 153.00 8/1 8/2 Nicaragua ...... 113.00 ...... 3 1,754.34 ...... 1,867.34 Paul Berkowitz ...... 8/24 8/25 Thailand ...... 182.00 ...... 527.57 ...... 3 11.10 ...... 720.67 8/25 8/28 Bhutan ...... 225.00 ...... 225.00 8/28 8/30 Nepal ...... 372.00 ...... 167.95 ...... 3 9.69 ...... 549.6 8/30 8/31 India ...... 260.00 ...... 3 87.30 ...... 347.30 Commercial airfare ...... 8/23 8/31 ...... 5,631.90 ...... 5,631.90 Deborah Bodlander ...... 7/2 7/6 Israel ...... 1,244.00 ...... 1,244.00 7/6 7/10 Lebanon ...... 810.00 ...... 810.00 Commercial airfare ...... 7/1 7/10 ...... 5,733.13 ...... 5,733.13 Malik Chaka ...... 7/1 7/2 Guinea ...... 186.00 ...... 186.00 7/2 7/5 Sierra Leone ...... 300.00 ...... 300.00 7/5 7/7 Guinea ...... 372.00 ...... 372.00 Commercial airfare ...... 7/1 7/7 ...... 4,792.51 ...... 4,792.51 Mark Clack ...... 7/1 7/2 Guinea ...... 186.00 ...... 186.00 7/2 7/5 Sierra Leone ...... 300.00 ...... 300.00 7/5 7/7 Guinea ...... 325.00 ...... 325.00 Commercial airfare ...... 7/1 7/7 ...... 4,792.51 ...... 4,792.51 7/26 7/30 Nigeria ...... 887.81 ...... 887.81 Commercial airfare ...... 7/25 7/31 ...... 5,508.61 ...... 5,508.61 John Conger ...... 9/14 9/18 Colombia ...... 684.00 ...... 684.00 Commercial airfare ...... 9/14 9/18 ...... 1,827.80 ...... 1,827.80 Hon. John Cooksey ...... 7/1 7/2 Guinea ...... 186.00 ...... 186.00 7/2 7/5 Sierra Leone ...... 300.00 ...... 300.00 7/5 7/6 Guinea ...... 186.00 ...... 186.00 Commercial airfare ...... 7/1 7/6 ...... 6,223.11 ...... 6,223.11 Hon. William D. Delahunt ...... 7/29 7/31 Venezuela ...... 222.50 ...... 222.50 7/31 8/1 Colombia ...... 193.00 ...... 193.00 8/1 8/2 Nicaragua ...... 284.00 ...... 284.00 Nisha Desai ...... 8/15 8/20 India ...... 1,460.04 ...... 1,460.04 8/20 8/24 Sri Lanka ...... 767.05 ...... 767.05 Commercial airfare ...... 8/14 8/24 ...... 7,792.92 ...... 7,792.92 Barbara Feinstein ...... 7/8 7/15 South Africa ...... 1,309.00 ...... 1,309.00 Commercial airfare ...... 7/6 7/16 ...... 8,091.27 ...... 8,091.27 Aldolfo Franco ...... 8/8 8/12 South Africa ...... 812.00 ...... 812.00 8/12 8/15 Mozambique ...... 557.00 ...... 557.00 8/15 8/17 Zimbabwe ...... 430.00 ...... 430.00 8/18 8/20 India ...... 951.04 ...... 951.04 8/20 8/24 Sri Lanka ...... 767.04 ...... 767.04 Commercial airfare ...... 8/7 8/25 ...... 6,850.85 ...... 6,850.85 Mark Gage ...... 7/8 7/8 Romania to U.S. 4 ...... 2,274.22 ...... 2,274.22 Charisse Glassman ...... 8/15 8/17 Eritrea ...... 368.00 ...... 228.00 ...... 596.00 8/17 8/18 Saudi Arabia ...... 166.00 ...... 432.98 ...... 598.98 8/18 8/24 Ethiopia ...... 880.00 ...... 3,933.58 ...... 4,813.58 8/24 8/26 Sudan ...... 530.00 ...... 530.00 Commercial airfare ...... 8/14 8/15 ...... 3,676.00 ...... 3,676.00 Amos Hochstein ...... 7/2 7/6 Israel ...... 1,004.00 ...... 1,004.00

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7/6 7/10 Lebanon ...... 650.00 ...... 650.00 Commercial airfare ...... 7/1 7/10 ...... 5,733.17 ...... 5,733.17 Hon. Tom Lantos ...... 8/26 9/1 Russia ...... 1,750.00 ...... 3 221.77 ...... 1,971.77 Commercial airfare ...... 258.00 ...... 258.00 Hon. Barbara Lee ...... 7/8 7/10 South Africa ...... 342.00 ...... 151.95 ...... 3 523.63 ...... 1,017.58 Commercial airfare ...... 7/6 7/11 ...... 7,901.00 ...... 7,901.00 John Mackey ...... 8/21 8/23 United Kingdom ...... 616.00 ...... 3 260.12 ...... 876.12 8/23 8/27 Ireland ...... 924.00 ...... 3 504.94 ...... 1,428.94 Commercial airfare ...... 8/21 8/27 ...... 1,149.36 ...... 1,149.36 9/14 9/18 Colombia ...... 884.00 ...... 884.00 Commercial airfare ...... 9/14 9/18 ...... 1,827.80 ...... 1,827.80 Caleb McCarry ...... 6/29 7/4 Mexico ...... 1,115.00 ...... 1,115.00 Commercial airfare ...... 6/29 7/4 ...... 691.63 ...... 691.63 Kelly McDonald ...... 9/14 9/18 Colombia ...... 684.00 ...... 684.00 Commerecial airfare ...... 9/14 9/18 ...... 1,827.80 ...... 1,827.80 Kathleen Moazed ...... 8/24 8/25 Thailand ...... 182.00 ...... 527.57 ...... 709.57 8/25 8/28 Bhutan ...... 225.00 ...... 225.00 8/28 8/30 Nepal ...... 372.00 ...... 167.95 ...... 539.95 8/30 8/31 India ...... 260.00 ...... 260.00 Commercial airfare ...... 8/23 8/31 ...... 5,631.90 ...... 5,631.90 Vince Morelli ...... 7/29 7/31 Venezuela ...... 430.00 ...... 430.00 7/31 8/1 Colombia ...... 193.00 ...... 193.00 8/1 8/2 Nicaragua ...... 14.00 ...... 14.00 Frank Record ...... 7/2 7/6 Israel ...... 1,104.00 ...... 3 71.00 ...... 1,175.00 7/6 7/10 Lebanon ...... 700.00 ...... 3 3,721.60 ...... 4,421.60 Commercial airfare ...... 7/1 7/10 ...... 5,733.17 ...... 5,733.17 Grover Joseph Rees ...... 8/12 8/18 Kenya ...... 791.00 ...... 3 95.49 ...... 886.49 8/18 8/19 Sudan ...... 234.00 ...... 234.00 8/19 8/20 Kenya ...... 158.50 ...... 158.50 8/20 8/21 Sudan ...... 234.00 ...... 234.00 8/21 8/26 Kenya ...... 722.50 ...... 153.00 ...... 875.50 Commercial airfare ...... 8/11 8/26 ...... 6,721.40 ...... 6,721.40 Matthew Reynolds ...... 8/1 8/3 Australia ...... 319.00 ...... 3 197.17 ...... 516.17 8/3 8/6 East Timor ...... 450.00 ...... 450.00 8/6 8/11 Indonesia ...... 839.00 ...... 839.00 8/11 8/13 Hong Kong SAR ...... 555.00 ...... 3 103.10 ...... 658.10 Commercial airfare ...... 7/30 8/13 ...... 8,493.91 ...... 8,493.91 Peter Yeo ...... 8/2 8/3 Australia ...... 165.00 ...... 165.00 8/3 8/6 East Timor ...... 450.00 ...... 450.00 8/6 8/7 Indonesia ...... 277.00 ...... 277.00 Commercial airfare ...... 8/1 8/8 ...... 7,445.94 ...... 7,445.94 Committee total ...... 34,794.78 ...... 122,992.38 ...... 8,920.12 ...... 166,707.28 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Delegation costs. 4 Commercial airfare. BENJAMIN GILMAN, Chairman, Jan. 2, 2001. AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO RUSSIA AND GERMANY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 27 AND DEC. 3, 2000

Hon. Amory Houghton, Jr ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.12 362.77 158.00 Hon. Paul Gillmor ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.12 362.77 158.00 Hon. Ruben Hinojosa ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.12 362.77 158.00 Hon. Peter King ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.12 362.77 158.00 Hon. James McDermott ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.12 362.77 158.00 Hon. Marty Meehan ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.12 362.77 158.00 Hon. Donald Payne ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.12 362.77 158.00 Hon. Charles Taylor ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 11/27 12/1 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.12 362.77 158.00 Hon. Robert W. Van Wicklin ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.12 362.77 158.00 Mrs. Nancy R. Clark ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 4 164.09 362.77 158.00 Committee total ...... 15,580.00 ...... 1,641.17 ...... 17,221.17 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. 4 Embassy charge. AMORY HOUGHTON, Chairman, Jan. 3, 2001.

AMENDED REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO SOUTH KOREA AND NORTH KOREA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 24 AND NOV. 30, 2000

Richard A. Carne ...... 11/24 11/30 South and North Korea ...... 1,581.00 ...... 3 3,745.30 ...... 5,326.30 Committee total ...... 1,581.00 ...... 3,745.30 ...... 5,326.30 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 This amends attached filing as transportation amount was incorrect. RICHARD A. CARNE, Feb. 1, 2001.

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Tina Jonas ...... 10/30 11/5 Russia ...... 1,700.00 ...... 1,700.00 Commercial airfare ...... 4,824.70 ...... 4,824.70 Christopher J. Walker ...... 10/29 11/2 Columbia ...... 1,105.00 ...... 1,105.00 Commercial airfare ...... 2,278.70 ...... 2,278.70 Edward E. Lombard ...... 11/26 11/28 Russia ...... 700.00 ...... 700.00 11/28 11/30 Hungary ...... 502.00 ...... 502.00 11/30 12/2 Austria ...... 382.00 ...... 382.00 Commercial airfare ...... 4,940.56 ...... 4,940.56 Hon. David L. Hobson ...... 12/10 12/14 England ...... 1,404.00 ...... 1,404.00 12/14 12/19 Germany ...... 1,401.00 ...... 1,401.00 Commercial airfare ...... 3,377.40 ...... 3,377.40 Elizabeth Dawson ...... 12/9 12/13 England ...... 1,404.00 ...... 1,404.00 Commercial airfare ...... 5,052.63 ...... 5,052.63 Brian Potts ...... 12/8 12/14 England ...... 1,755.00 ...... 1,755.00 12/14 12/16 Germany ...... 437.00 ...... 437.00 Commercial airfare ...... 4,893.76 ...... 4,894.76 Tom Forham ...... 12/10 12/13 England ...... 1,053.00 ...... 1,053.00 ...... 40.00 40.00 Commercial airfare ...... 3,022.30 ...... 3,022.30 Hon. John W. Olver ...... 12/10 12/14 England ...... 1,404.00 ...... 1,404.00 Commercial airfare ...... 5,988.63 ...... 5,988.63 Hon. Robert B. Aderholt ...... 11/25 12/2 Italy ...... 2,254.00 ...... 2,254.00 Commercial airfare ...... 5,420.80 ...... 5,420.80

Committee total ...... 15,501.00 39,798.78 40.00 55,339.78 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILL YOUNG, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON APPROPRIATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Jack G. Downing ...... 11/06 11/10 Taiwan ...... 822.75 ...... 5,812.57 ...... 153.32 ...... 6,788.64 11/10 11/14 Hong Kong ...... 1,253.75 ...... 1,253.75 11/14 11/17 China ...... 678.00 ...... 678.00 Norman H. Gardner, Jr...... 10/28 10/30 Austria ...... 289.25 ...... 5,413.10 ...... 5,702.35 10/30 10/31 Slovenia ...... 165.00 ...... 165.00 Carroll L. Hauver ...... 12/07 12/10 Hong Kong ...... 714.00 ...... 5,094.46 ...... 422.77 ...... 6,231.23 12/10 12/14 Thailand ...... 682.50 ...... 682.50 12/14 12/15 Myanmar ...... 192.00 ...... 192.00 12/16 12/16 Japan ...... 223.50 ...... 223.50 Paul J. O’Brien ...... 10/08 10/13 Japan ...... 1,210.50 ...... 6,350.39 ...... 155.62 ...... 7,716.51 Margaret R. Owens ...... 12/07 12/10 Hong Kong ...... 714.00 ...... 5,094.46 ...... 137.68 ...... 5,946.14 12/10 12/14 Thailand ...... 682.50 ...... 682.50 12/14 12/15 Myanmar ...... 192.00 ...... 192.00 12/16 12/16 Japan ...... 223.50 ...... 223.50 Robert J. Reitwiesner ...... 10/08 10/13 Japan ...... 1,210.50 ...... 6,350.39 ...... 186.02 ...... 7,746.91 11/10 11/12 Japan ...... 421.25 ...... 5,803.21 ...... 174.70 ...... 6,399.16 11/12 11/14 Hong Kong ...... 590.00 ...... 590.00 11/14 11/17 China ...... 678.00 ...... 678.00

Committee Subtotal ...... 10,943.00 ...... 39,918.58 ...... 1,230.11 ...... 52,091.69

Robert J. Reitwiesner ...... 12/07 12/10 Hong Kong ...... 714.00 ...... 5,094.46 ...... 155.71 ...... 5,964.17 12/10 12/15 Thailand ...... 955.50 ...... 955.50 Charles J. Semich ...... 11/06 11/07 Taiwan ...... 822.75 ...... 5,812.67 ...... 233.85 ...... 6,869.27 11/07 11/14 Hong Kong ...... 1,253.75 ...... 1,253.75 11/14 11/17 China ...... 678.00 ...... 678.00 William D. Thompson ...... 10/08 10/13 Japan ...... 1,210.50 ...... 6,350.39 ...... 167.01 ...... 7,727.90 R.W. Vandergrift, Jr...... 10/28 10/30 Austria ...... 289.25 ...... 5,413.10 ...... 272.82 ...... 5,975.17 10/30 10/31 Slovenia ...... 165.00 ...... 165.00 12/10 12/15 Thailand ...... 925.75 ...... 4,819.18 ...... 267.10 ...... 6,012.03 T. Peter Wyman ...... 10/28 10/30 Austria ...... 289.25 ...... 5,413.10 ...... 27.30 ...... 5,729.65 10/30 10/31 Slovenia ...... 165.00 ...... 165.00 12/07 12/10 Hong Kong ...... 714.00 ...... 5,094.46 ...... 125.47 ...... 5,933.93 12/10 12/14 Thailand ...... 682.50 ...... 682.50 12/14 12/15 Myanmar ...... 192.00 ...... 192.00 12/16 12/16 Japan ...... 223.50 ...... 223.50

Committee total ...... 20,223.75 ...... 77,915.94 ...... 2,479.37 ...... 100,619.06 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BILL YOUNG, Chairman.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON ARMED SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1, AND DEC. 31, 2000

Travel to Korea, Thailand, Singapore and Taiwan, November 30–December 2, 2000: Hon. Floyd D. Spence ...... 22/11 24/11 Korea ...... 546.00 ...... 546.00 24/11 28/11 Thailand ...... 928.00 ...... 928.00 28/11 30/11 Singapore ...... 468.00 ...... 468.00 30/11 2/12 Taiwan ...... 600.00 ...... 600.00 Hon. Solomon P. Ortiz ...... 22/11 24/11 Korea ...... 546.00 ...... 546.00 24/11 28/11 Thailand ...... 928.00 ...... 928.00 28/11 30/11 Singapore ...... 468.00 ...... 468.00

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30/11 2/12 Taiwan ...... 600.00 ...... 600.00 Hon. John M. McHugh ...... 22/11 24/11 Korea ...... 546.00 ...... 546.00 24/11 28/11 Thailand ...... 928.00 ...... 928.00 28/11 30/11 Singapore ...... 468.00 ...... 468.00 30/11 1/12 Taiwan ...... 300.00 ...... 300.00 Commercial airfare ...... 3,866.59 ...... 3,866.59 Hon. Silvestre Reyes ...... 22/11 24/11 Korea ...... 546.00 ...... 546.00 24/11 28/11 Thailand ...... 928.00 ...... 928.00 28/11 30/11 Singapore ...... 468.00 ...... 468.00 30/11 2/12 Taiwan ...... 600.00 ...... 600.00 Mr. Peter M. Steffes ...... 22/11 24/11 Korea ...... 546.00 ...... 546.00 24/11 28/11 Thailand ...... 928.00 ...... 928.00 28/11 30/11 Singapore ...... 468.00 ...... 468.00 30/11 2/12 Taiwan ...... 600.00 ...... 600.00 Mr. B. Ryan Vaart ...... 22/11 24/11 Korea ...... 546.00 ...... 546.00 24/11 28/11 Thailand ...... 928.00 ...... 928.00 28/11 30/11 Singapore ...... 468.00 ...... 468.00 30/11 2/12 Taiwan ...... 600.00 ...... 600.00 Mr. James L. Lariviere ...... 22/11 24/11 Korea ...... 546.00 ...... 546.00 24/11 28/11 Thailand ...... 928.00 ...... 928.00 28/11 30/11 Singapore ...... 468.00 ...... 468.00 30/11 2/12 Taiwan ...... 600.00 ...... 600.00 Travel to Ecuador and Colombia, November 27– December 1, 2000: Hon. Ellen O. Tauscher ...... 27/11 29/11 Ecuador ...... 420.00 ...... 420.00 29/11 1/12 Colombia ...... 442.00 ...... 442.00 Commercial airfare ...... 2,007.80 ...... 2,007.80 Mr. William H. Natter III ...... 27/11 29/11 Ecuador ...... 442.00 ...... 442.00 2 29/11 1/12 Columbia ...... 420.00 ...... 420.00 Commercial airfare ...... 2,007.80 ...... 2,007.80 Travel to Bolivia and Panama, November 27–De- cember 2, 2000: Hon. Gene Taylor ...... 11/27 11/29 Boliva ...... 496.00 ...... 496.00 11/29 12/2 Panama ...... 856.00 ...... 856.00 Commercial airfare ...... 618.40 ...... 618.40 Mr. George O. Witers ...... 11/27 11/29 Boliva ...... 496.00 ...... 496.00 11/29 12/2 Panama ...... 856.00 ...... 856.00 Commercial airfare ...... 618.40 ...... 618.40 Travel to Bahrain, December 5–7, 2000: Mr. David J. Trachtenberg ...... 12/5 12/7 Bahrain ...... 552.00 ...... 552.00 Commercial airfare ...... 6,425.80 ...... 6,425.80 Mr. Dionel M. Aviles ...... 12/5 12/7 Bahrain ...... 552.00 ...... 552.00 Commercial airfare ...... 6,425.80 ...... 6,425.80 Mr. Roger M. Smith ...... 12/5 12/7 Bahrain ...... 552.00 ...... 552.00 Commercial airfare ...... 6,425.80 ...... 6,425.80 Mr. Dudley L. Tademy ...... 12/5 12/7 Bahrain ...... 552.00 ...... 552.00 Commercial airfare ...... 6,425.80 ...... 6,425.80 Travel to Germany, France and England, December 10–16, 2000: Hon. Loretta Sanchez ...... 12/10 12/12 Germany ...... 486.00 ...... 486.00 12/12 12/14 France ...... 488.00 ...... 488.00 12/14 12/16 England ...... 702.00 ...... 702.00 Travel to Israel, December 14–18, 2000: Hon. Vic Snyder ...... 12/14 12/18 Israel ...... 1,007.00 ...... 1,007.00 Commercial airfare ...... 4,303.80 ...... 4,303.80

Committee total ...... 26,813.00 ...... 39,517.54 ...... 66,330.54 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BOB STUMP, Chairman Jan. 31, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BANKING AND FINANCIAL SERVICES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Gregory Wierzynski ...... 10/12 10/17 Russia ...... 1,730.00 ...... 1,730.00 10/17 10/19 Switzerland ...... 580.00 ...... 1,993.14 ...... 2,573.14

Committee total ...... 2,310.00 ...... 1,993.14 ...... 4,303.14 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. GREGORY WIERZYNSKI, Jan. 17, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON BUDGET, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1, AND DEC. 31, 2000

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. — — —, Jan. 24, 2001.

VerDate 08-FEB-2001 04:52 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 7634 Sfmt 8634 E:\CR\FM\A08FE7.037 pfrm01 PsN: H08PT1 H246 CONGRESSIONAL RECORD — HOUSE February 8, 2001 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON COMMERCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Alison Taylor ...... 12/4 12/9 South Africa ...... 1,150.00 ...... 6,003.80 ...... 7,153.80 Robert Meyers ...... 12/4 12/9 South Africa ...... 1,150.00 ...... 7,297.80 ...... 8,447.80 Hon. Richard Burr ...... 11/22 11/24 Korea ...... 546.00 ...... 546.00 Hon. Richard Burr ...... 11/24 11/28 Thailand ...... 928.00 ...... 928.00 Hon. Richard Burr ...... 11/28 11/30 Singapore ...... 468.00 ...... 468.00 Hon. Richard Burr ...... 11/30 12/2 Taiwan ...... 600.00 ...... 600.00 Committee total ...... 4,842.00 ...... 13,301.60 ...... 18,143.60 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. — — —, Jan. 8, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON EDUCATION AND THE WORKFORCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1, AND DEC. 31, 2000

FOR HOUSE COMMITTEES Please Note: If there wre no expenditures during the calendar quarter noted above, please check the box at right to so indicate and return. ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOHN A. BOENNER, Chairman, Jan. 19, 2001. REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON HOUSE ADMINISTRATION, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON INTERNATIONAL RELATIONS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1, AND DEC. 31, 2000

David Abramowitz ...... 11/28 12/2 Netherlands ...... 636.00 ...... 636.00 Commercial airfare ...... 11/27 12/2 ...... 5,310.2 ...... 5,310.27 Hon. Cass Ballenger ...... 11/9 11/12 Colombia ...... 214.00 ...... 214.00 Commercial airfare ...... 11/9 11/12 ...... 462.23 ...... 462.23 Tom Callahan ...... 12/13 12/17 Nigeria ...... 1,351.00 ...... 1,351.00 Commercial airfare ...... 12/12 12/17 ...... 5,114.78 ...... 5,114.78 Adolfo Franco ...... 10/7 10/15 Sri Lanka ...... 1,683.00 ...... 1,683.00 Commercial airfare ...... 10/5 10/15 ...... 6,686.80 ...... 6,686.80 John Mackey ...... 11/9 11/12 Colombia ...... 513.00 ...... 513.00 Commercial airfare ...... 11/9 11/12 ...... 2,066.80 ...... 2,066.80 12/14 12/16 Ireland ...... 504.00 ...... 504.00 Commercial airfare ...... 12/13 12/16 ...... 3,481.00 ...... 3,481.00 Frank Record ...... 11/16 11/29 Belgium ...... 439.00 ...... 439.00 11/29 12/2 Sweden ...... 570.00 ...... 3 123.00 ...... 693.00 Commercial airfare ...... 11/25 2/2 ...... 5,215.36 ...... 5,215.36 Grover Joseph Rees ...... 11/27 12/3 Italy ...... 1,105.00 ...... 1,105.00 Commercial airfare ...... 11/26 12/3 ...... 4,972.92 ...... 4,972.92 Tanya Shamson ...... 10/24 10/29 France ...... 700.00 ...... 83.03 ...... 783.03 Commercial airfare ...... 10/23 10/29 ...... 6,077.19 ...... 6,077.19 Hillel Weinberg ...... 11/16 11/29 Belgium ...... 464.00 ...... 464.00 11/29 12/2 Sweden ...... 536.80 ...... 536.80 Commercial airfare ...... 11/25 12/2 ...... 5,223.05 ...... 5,223.05 Hon. Robert Wexler ...... 11/19 12/4 Argentina ...... 1,523.00 ...... 689.89 ...... 3 1,733.28 ...... 3,946.17 Commercial airfare ...... 4,670.30 ...... 4,670.30 Committee total ...... 10,238.80 ...... 50,053.62 ...... 1,856.28 ...... 62,148.70 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Delegation costs. HENRY HYDE, Chairman, Jan. 31, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON THE JUDICIARY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1, AND DEC. 31, 2000

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee U.S. dollar U.S. dollar U.S. dollar U.S. dollar Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

VerDate 08-FEB-2001 04:52 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 7634 Sfmt 8634 E:\CR\FM\A08FE7.040 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H247 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RESOURCES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Robert Howarth ...... 11/16 11/22 Morocco ...... 950.00 ...... 2,332.52 ...... 3,282.52 John Rishel ...... 11/17 12/3 The Hague ...... 452.00 ...... 9,309.71 ...... 11,961.71 Australia ...... 2,200.00 Kurt Christensen ...... 11/17 12/3 Australia ...... 2,650.00 ...... 8,188.58 ...... 10,838.58

Committee total ...... 6,252.00 ...... 19,830.81 ...... 26,082.81 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. — — —, Jan. 30, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON SMALL BUSINESS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN JAN. 1 AND MAR. 31, 2000

Patrick Murray ...... 1/2 1/7 Europe ...... 1,204.00 ...... 130.00 ...... 1,334.00 Commercial airfare ...... 5,093.55 ...... 5,093.55 Merrell Morrhead ...... 1/2 1/7 Europe ...... 1,204.00 ...... 130.00 ...... 1,334.00 Commercial airfare ...... 5,093.55 ...... 5,034.55 Jay Jakub ...... 1/2 1/16 Europe ...... 2,744.00 ...... 130.00 ...... 2,874.00 Commercial airfare ...... 4,822.57 ...... 4,822.57 Christopher Barton ...... 1/6 1/7 South America ...... 226.00 ...... 226.00 Commercial airfare ...... 1,815.80 ...... 1,815.80 Hon. Porter J. Goss ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Hon. Michael N. Castle ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Hon. Jim Gibbons ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Hon. Ray LaHood ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Hon. Sanford D. Bishop ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Tim Sample ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Wendy Selig ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 John Stopher ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Mike Meermans ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Anne Avart ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Wyndee Parker ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Elizabeth Larson ...... 1/8 1/13 Australia ...... 1,131.00 ...... (3) ...... 1,131.00 Hon. Porter J. Goss ...... 2/3 2/6 Europe ...... 380.00 ...... (3) ...... 380.00 Hon. Julian C. Dixon ...... 2/3 2/6 Europe ...... 380.00 ...... (3) ...... 380.00 John Millis ...... 2/3 2/6 Europe ...... 380.00 ...... (3) ...... 380.00 Michael Sheehy ...... 2/3 2/6 Europe ...... 380.00 ...... (3) ...... 380.00 Christine Healey ...... 2/3 2/6 Europe ...... 380.00 ...... (3) ...... 380.00 Pat Murray ...... 2/1 2/4 Germany ...... 730.00 ...... (3) ...... 380.00 Commercial airfare ...... 5,970.91 ...... 5,970.91 Merrell Moorhead ...... 2/1 2/4 Germany ...... 730.00 ...... 730.00 Commercial airfare ...... 5,970.91 ...... 5,970.91

Committee total ...... 22,310.00 ...... 29,157.29 ...... 51,467.29 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. PORTER GOSS, Chairman, Apr. 24, 2000.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Hon. Bud Shuster ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Hon. Jim Oberstar ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Hon. Earl Blumenauer ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Mike Strachn ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Jimmy Miller ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00

VerDate 08-FEB-2001 04:52 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 7634 Sfmt 8634 E:\CR\FM\A08FE7.045 pfrm01 PsN: H08PT1 H248 CONGRESSIONAL RECORD — HOUSE February 8, 2001 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON TRANSPORTATION AND INFRASTRUCTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000—Continued

Kathy Guilfoy ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Cheryl McCullough ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Ken House ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 John Murphy ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Tricia Loveland ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Hon. Nick Lampson ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 538.00 Commercial airfare ...... 2,834.00 ...... 2,834.00 Chris Bertram ...... 12/10 12/12 Germany ...... 536.00 ...... 2,415.00 ...... 2,951.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Sharon Barkeloo ...... 12/10 12/12 Germany ...... 536.00 ...... 2,415.00 ...... 2,951.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Frank Mulvey ...... 12/10 12/12 Germany ...... 536.00 ...... 2,415.00 ...... 2,951.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/16 England ...... 752.00 ...... (3) ...... 752.00 Darrell Wilson ...... 12/10 12/12 Germany ...... 536.00 ...... (3) ...... 536.00 12/12 12/14 France ...... 538.00 ...... 3 122.00 ...... 660.00 12/14 12/17 England ...... 752.00 ...... (3) ...... 752.00 Commercial airfare ...... 1,481.00 ...... 1,481.00

Committee Total ...... 26,638.00 ...... 13,268.00 ...... 39,906.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation; dollars reflect commercial rail travel only. DON YOUNG, Chairman, Jan. 25, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Hon. Sander Levin ...... 11/30 12/01 Switzerland ...... 236.00 ...... 3 588.26 ...... 824.26

Committee Total ...... 236.00 ...... 588.26 ...... 824.26

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Commercial airfare. BILL THOMAS, Chairman, Jan. 22, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

TIM REIF ...... 11/28 11/30 Switzerland ...... 472.00 ...... 3 2,876.77 ...... 3,348.77 11/30 12/2 Belgium ...... 376.00 ...... 376.00

Committee total ...... 848.00 ...... 2,876.77 ...... 3,724.77

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1, AND DEC. 31, 2000

Angela Elcard ...... 11/28 11/30 Switzerland ...... 472.00 ...... 3 3,804.28 ...... 4,276.28 11/30 12/2 Belgium ...... 376.00 ...... 376.00

Committee total ...... 848.00 ...... 3,804.28 ...... 4,652.28

VerDate 08-FEB-2001 04:05 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 7634 Sfmt 8634 E:\CR\FM\A08FE7.048 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H249 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON WAYS AND MEANS, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Cassie Bevan ...... 11/26 11/3 Holland ...... 995.00 ...... 631.27 ...... 1,626.27

Committee total ...... 995.00 ...... 631.27 ...... 1,626.27

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMISSION ON SECURITY AND COOPERATION IN EUROPE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1, AND DEC. 31, 2000

Marlene Kaufmann ...... 9/30 U.S.A ...... 5,239.00 ...... 5,239.00 10/1 10/7 Cyprus ...... 1,226.00 ...... 212.0 ...... 1,438.00 Janice Helwig ...... 10/1 12/20 Austria ...... 10,887.00 ...... 10,887.00 12/20 ...... U.S.A ...... 2,612.00 ...... 2,612.00 Sidney Anderson ...... 10/14 U.S.A...... 4,579.00 ...... 4,579.00 10/15 10/24 Poland ...... 1,289.00 ...... 1,289.00 Erika Schlager ...... 10/15 U.S.A...... 4,579.00 ...... 4,579.00 10/16 10/24 Poland ...... 1,842.00 ...... 1,842.00 Michael Ochs ...... 10/15 U.S.A...... 6,134.00 168.00 ...... 6,302.00 10/16 10/21 Poland ...... 1,921.00 ...... 1,921.00 10/21 10/25 Armenia ...... 482.00 ...... 110.00 ...... 592.00 10/25 10/26 Georgia ...... 426.00 ...... 180.00 ...... 606.00 10/30 11/6 Azerbaijan ...... 1,762.00 ...... 140.00 ...... 1,902.00 11/6 11/7 Turkey ...... 185.00 ...... 185.00 Dorothy Taft ...... 10/15 U.S.A...... 7,043.00 ...... 7,043.00 10/16 10/21 Poland ...... 1,055.00 ...... 1,055.00 10/21 10/25 Armenia ...... 839.00 ...... 110.00 ...... 949.00 10/25 10/27 Gerogia ...... 407.00 ...... 407.00 10/27 10/28 U.K...... 279.00 ...... 279.00 Janice Helwig ...... 10/16 Austria ...... 688.00 ...... 688.00 10/16 10/28 Poland ...... 2,988.00 ...... 2,988.00 Karen Lord ...... 10/17 U.S.A...... 7,759.00 ...... 7,759.00 10/18 10/20 Bulgaria ...... 411.00 ...... 411.00 10/22 10/25 Poland ...... 608.00 ...... 608.00 10/25 10/29 Azerbaijan ...... 818.00 ...... 818.00 Maureen Walsh ...... 10/19 U.S.A...... 5,989.00 ...... 5,989.00 10/20 10/28 Poland ...... 1,508.00 ...... 1,508.00 Ronald McNamara ...... 10/21 U.S.A...... 4,899.00 ...... 4,899.00 10/22 10/25 Poland ...... 978.00 ...... 276.00 ...... 1,254.00 10/26 10/28 Belarus ...... 237.00 ...... 237.00 ...... 10/23 U.S.A...... 5,573.00 ...... 5,573.00 10/24 10/25 Poland ...... 705.00 ...... 705.00 10/25 10/28 Belarus ...... 174.00 ...... 174.00 Janice Helwig ...... 10/31 Austria ...... 2,895.00 ...... 2,895.00 10/31 11/4 Kazakstan ...... 1,070.00 ...... 1,070.00 Maureen Walsh ...... 11/21 U.S.A...... 3,065.00 ...... 3,065.00 11/22 12/2 Itlay ...... 1,195.00 ...... 1,195.00 Sidney Anderson ...... 11/22 U.S.A...... 5,264.00 ...... 5,264.00 11/23/ 11/29 Austria ...... 826.00 ...... 826.00 Hon. Christopher Smith ...... 11/25 U.S.A...... 5,518.00 ...... 5,518.00 11/26 12/1 Italy ...... 760.00 ...... 760.00 Hon. Steny Hoyer ...... 11/25 U.S.A...... (3) ...... 11/26 11/28 Austria ...... 282.00 ...... 282.00 Dorothy Taft ...... 11/26 U.S.A...... 4,742.00 ...... 4,742.00 11/27 12/2 Italy ...... 1,212.00 ...... 1,212.00 Janice Helwig ...... 12/8 Austria ...... 2,197.00 ...... 2,197.00 12/9 12/13 Japan ...... 1,075.00 ...... 1,075.00

Committee total ...... 37,447.00 ...... 79,500.00 ...... 880.00 ...... 117,327.00

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO FRANCE, RUSSIA, AND IRELAND, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN AUG. 25 AND SEPT. 1, 2000

John M. Simmons ...... 8/25 8/27 France ...... 594.00 ...... 3 ...... 594.00 8/27 8/31 Russia ...... 1,398.00 ...... 3 ...... 1,398.00 8/31 9/1 Ireland ...... 281.00 ...... 3 ...... 281.00

Committee total ...... 2,273.00 ...... 2,273.00

VerDate 08-FEB-2001 04:05 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 7634 Sfmt 8634 E:\CR\FM\A08FE7.052 pfrm01 PsN: H08PT1 H250 CONGRESSIONAL RECORD — HOUSE February 8, 2001 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO RUSSIA AND GERMANY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 27 AND DEC. 3, 2000

Hon. Amory Houghton, Jr ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00 Hon. Paul Gillmor ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00 Hon. Ruben Hinojosa ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00 Hon. Peter King ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00 Hon. James McDermott ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00 Hon. Marty Meehan ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00 Hon. Donald Payne ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00 Hon. Charles Taylor ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 11/27 12/1 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00 Mr. Robert W. Van Wicklin ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00 Mrs. Nancy R. Clark ...... 11/27 12/1 Russia ...... 1,400.00 ...... (3) ...... 1,400.00 12/1 12/3 Germany ...... 362.77 158.00 ...... (3) ...... 362.77 158.00

Committee total ...... 15,580.00 ...... 15,580.00

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, HOUSE DELEGATION TO MEXICO, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 30 AND DEC. 2, 2000

Hon. Benjamin A. Gilman ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Hon. Thomas M. Davis III ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Hon. David Dreier ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Hon. Bob Filner ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Hon. Jim Kolbe ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Hon. Roger Wicker ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Nancy Bloomer ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Everett Eissenstadt ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Richard J. Garon ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Caleb McCarry ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Moses Mercado ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Roger Noriega ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00 Joan O’Donnell ...... 11/30 12/2 Mexico ...... 320.00 ...... 320.00

Committee total ...... 4,160.00 ...... 4,160.00

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. BENJAMIN GILMAN, Chairman, Dec. 31, 2000.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO SOUTH KOREA AND NORTH KOREA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 23 AND NOV. 30, 2000

Erica H. Han ...... 11/23 11/30 ...... 1,807.00 ...... 3,410.20 ...... 5,217.20

Committee total ...... 1,807.00 ...... 5,217.20

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. ERICA H. HAN.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO SOUTH KOREA AND NORTH KOREA, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 23 AND NOV. 30, 2000

Date Per diem 1 Transportation Other purposes Total

Name of Member or employee Country U.S. dollar U.S. dollar U.S. dollar U.S. dollar Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Richard A. Carne ...... 11/24 11/30 South and North Korea ...... 1,581.00 ...... 3,556.80 ...... 5,137.80

Committee total ...... 1,581.00 ...... 3,556.80 ...... 5,137.80

1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. RICHARD A. CARNE.

VerDate 08-FEB-2001 04:58 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 7634 Sfmt 8634 E:\CR\FM\A08FE7.055 pfrm01 PsN: H08PT1 February 8, 2001 CONGRESSIONAL RECORD — HOUSE H251 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, TRAVEL TO ITALY, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN NOV. 26 AND DEC. 1, 2000

Mary McDermott Noonan ...... 11/26 12/1 Italy ...... 3,686.900 31,610 ...... 4,458.18 ...... Committee total ...... 1,186 ...... 4,458.18 ...... 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 $424 have not been used. Returned to U.S. Treasury. h MARY MCDERMOTT NOONAN. EXECUTIVE COMMUNICATIONS, 3150–AG54) received January 17, 2001, pursu- 2000–24–06] (RIN: 2120–AA64) received January ETC. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to on Energy and Commerce. Under clause 8 of rule XII, executive the Committee on Transportation and Infra- 715. A letter from the Director, Office of structure. communications were taken from the Congressional Affairs, Nuclear Regulatory Speaker’s table and referred as follows: Commission, transmitting the Commission’s 724. A letter from the Regulations Officer, Federal Highway Administration, Depart- 706. A letter from the Administrator, Farm final rule—Termination of Section 274i Loan Programs, Department of Agriculture, Agreement Between the State of Louisiana ment of Transportation, transmitting the transmitting the Department’s final rule— and the Nuclear Regulatory Commission Department’s final rule—Mitigation of Im- Loan Limitations and Cash Flow Require- (RIN: 3150–AG60) received January 17, 2001, pacts to Wetlands and Natural Habitat ments for Farm Service Agency Guaranteed pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [FHWA Docket No. FHWA 97–2514; 96–8] (RIN: Loans (RIN: 0560–AG15) received January 18, mittee on Energy and Commerce. 2125–AD78) received January 8, 2001, pursuant 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the 716. A letter from the Director, Defense Se- to 5 U.S.C. 801(a)(1)(A); to the Committee on Committee on Agriculture. curity Cooperation Agency, transmitting re- Transportation and Infrastructure. ports containing the 30 September 2000 sta- 707. A letter from the Congressional Re- 725. A letter from the Trial Attorney, Fed- tus of loans and guarantees issued under the view Coordinator, Animal and Plant Health eral Railroad Administration, Department of Arms Export Control Act, pursuant to 22 Inspection Service, Department of Agri- Transportation, transmitting the Depart- culture, transmitting the Department’s final U.S.C. 2765(a); to the Committee on Inter- ment’s final rule—Track Safety Standards rule—District of Columbia; Movement of national Relations. [Docket No. RST–90–1, Notice No. 9] (RIN: Plants and Plant Products [Docket No. 00– 717. A letter from the Assistant Secretary 085–1] received January 10, 2001, pursuant to for Legislative Affairs, Department of State, 2130–AB32) received January 8, 2001, pursuant 5 U.S.C. 801(a)(1)(A); to the Committee on transmitting notification of a proposed to 5 U.S.C. 801(a)(1)(A); to the Committee on Agriculture. issuance of an export license consistent with Transportation and Infrastructure. 708. A letter from the Director, Congres- section 36(C) of the Arms Export Control Act 726. A letter from the Program Analyst, sional Budget Office, transmitting notifica- and Title IX of Public Law 106–79 [Trans- FAA, Department of Transportation, trans- tion that the report on the technical esti- mittal No. DTC 001–01], pursuant to 22 U.S.C. mitting the Department’s final rule—Air- mating assumptions that will be used for 2776(c); to the Committee on International worthiness Directives; McDonnell Douglas budget estimates for national defense will Relations. Model MD–11 Series Airplanes [Docket No. 718. A communication from the President not be ready until later this year; to the 2000–NM–29–AD; Amendment 39–12017; AD Committee on Armed Services. of the United States, transmitting a report 709. A letter from the Acting Assistant in accordance with the resolution of advice 2000–24–10] (RIN: 2120–AA64) received January Secretary of Defense, Reserve Affairs, De- and consent to ratification of the Convention 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to partment of Defense, transmitting an annual on the Prohibition of the Development, Pro- the Committee on Transportation and Infra- report on the STARBASE Program for FY duction, Stockpiling and Use of Chemical structure. 2000; to the Committee on Armed Services. Weapons and on Their Destruction, adopted 727. A letter from the Program Analyst, 710. A letter from the Director, Regula- by the Senate of the United States on April FAA, Department of Transportation, trans- tions Policy and Management Staff, FDA, 24, 1997; to the Committee on International mitting the Department’s final rule—Air- Department of Health and Human Services, Relations. worthiness Directives; McDonnell Douglas transmitting the Department’s final rule— 719. A communication from the President Model MD–11 Series Airplanes [Docket No. Food Additives Permitted for Direct Addi- of the United States, transmitting a report 2000–NM–38–AD; Amendment 39–12024; AD tion to Food for Human Consumption; on cost-sharing arrangements, as required by 2000–24–17] (RIN: 2120–AA64) received January Polydextrose [Docket No. 95F–0305] received Condition 4(A) of the resolution of advice 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to January 2, 2001, pursuant to 5 U.S.C. and consent to ratification of the Convention 801(a)(1)(A); to the Committee on Energy and on the Prohibition of the Development, Pro- the Committee on Transportation and Infra- Commerce. duction, Stockpiling and Use of Chemical structure. 711. A letter from the Director, Regula- Weapons and on Their Destruction, adopted 728. A letter from the Program Analyst, tions Policy and Management Staff, FDA, by the United States Senate on April 24, 1997; FAA, Department of Transportation, trans- Department of Health and Human Services, to the Committee on International Rela- mitting the Department’s final rule—Air- transmitting the Department’s final rule— tions. worthiness Directives; McDonnell Douglas Revision of Administrative Practices and 720. A letter from the Acting General Model MD–11 Series Airplanes [Docket No. Procedures; Meetings and Correspondence; Counsel, General Accounting Office, trans- 2000–NM–33–AD; Amendment 39–12019; AD Public Calendars [Docket No. 98–1042] re- mitting a report pursuant to the Competi- 2000–24–12] (RIN: 2120–AA64) received January ceived January 31, 2001, pursuant to 5 U.S.C. tion in Contracting Act; to the Committee 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to 801(a)(1)(A); to the Committee on Energy and on Government Reform. the Committee on Transportation and Infra- 721. A letter from the Acting Adminis- Commerce. structure. 712. A letter from the Secretary, Depart- trator, General Services Administration, ment of Health and Human Services, trans- transmitting notification of the new mileage 729. A letter from the Program Analyst, mitting the status report entitled, ‘‘The Pe- reimbursement rates for Federal employees FAA, Department of Transportation, trans- diatric Exclusivity Provision, January 2001’’; who use privately owned vehicles while on mitting the Department’s final rule—Air- to the Committee on Energy and Commerce. official travel; to the Committee on Govern- worthiness Directives; Turbomeca Arriel 1 713. A letter from the Deputy Associate ment Reform. Series Turboshaft Engines; Correction Administrator, Environmental Protection 722. A letter from the Secretary, Federal [Docket No. 2000–NE–11–AD; Amendment 39– Agency, transmitting the Agency’s final Trade Commission, transmitting the Com- 11912; AD 2000–20–01] (RIN: 2120–AA64) re- rule—State and Federal Operating Permits mission’s final rule—Premerger Notification; ceived January 8, 2001, pursuant to 5 U.S.C. Programs: Amendments to Compliance Cer- Reporting and Waiting Period Require- 801(a)(1)(A); to the Committee on Transpor- tification Requirements [FRL–6934–5] (RIN: ments—received January 31, 2001, pursuant tation and Infrastructure. 2060–AJ04) received January 17, 2001, pursu- to 5 U.S.C. 801(a)(1)(A); to the Committee on ant to 5 U.S.C. 801(a)(1)(A); to the Committee the Judiciary. 730. A letter from the Program Analyst, on Energy and Commerce. 723. A letter from the Program Analyst, FAA, Department of Transportation, trans- 714. A letter from the Director, Office of FAA, Department of Transportation, transmitting the Department’s final rule—Air- Congressional Affairs, Nuclear Regulatory mitting the Department’s final rule—Air- worthiness Directives; Bell Helicopter Tex- Commission, transmitting the Commission’s worthiness Directives; Boeing Model 707, tron Canada Model 430 Helicopters [Docket final rule—List of Approved Spent Fuel Stor- 727C, and 727–100C Series Airplanes [Docket No. 2000–SW–11; Amendment 39–11959; AD age Casks: FuelSolutions Addition (RIN: No. 99–NM–363–AD; Amendment 39–12013; AD 2000–22–13] (RIN: 2120–AA64) received January

VerDate 08-FEB-2001 04:56 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 7634 Sfmt 0634 E:\CR\FM\A08FE7.059 pfrm01 PsN: H08PT1 H252 CONGRESSIONAL RECORD — HOUSE February 8, 2001 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to eration Regulations; Siesta Key Bridge, successfully integrate and utilize electronic the Committee on Transportation and Infra- across the Gulf Intracoastal Waterway, mile commerce technologies and business prac- structure. 71.6, Sarasota County, FL [CGD07–00–133] re- tices, and to authorize the National Institute 731. A letter from the Program Analyst, ceived January 12, 2001, pursuant to 5 U.S.C. of Standards and Technology to assess crit- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- ical enterprise integration standards and im- mitting the Department’s final rule—Air- tation and Infrastructure. plementation activities for major manufac- worthiness Directives; McDonnell Douglas 740. A letter from the Chief, Office of Regu- turing industries and to develop a plan for Model MD–11 Series Airplanes [Docket No. lations and Administrative Law, USCG, De- enterprise integration for each major manu- 2000–NM–37–AD; Amendment 39–12023; AD partment of Transportation, transmitting facturing industry; to the Committee on 2000–24–16] (RIN: 2120–AA64) received January the Department’s final rule—Drawbridge Op- Science. 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to eration Regulations; Cortez Bridge (SR 684), By Mr. GILCHREST (for himself, Mr. the Committee on Transportation and Infra- across the Gulf Intracoastal Waterway, mile SHAYS, Mrs. TAUSCHER, Mr. structure. 87.4, Sarasota County, Cortez, FL [CGD07–00– CHAMBLISS, Ms. BERKLEY, Mr. BART- 732. A letter from the Program Analyst, 132] received January 12, 2001, pursuant to 5 LETT of Maryland, Mr. NADLER, Mr. FAA, Department of Transportation, trans- U.S.C. 801(a)(1)(A); to the Committee on SCHROCK, Mr. MCGOVERN, Mr. BURR of mitting the Department’s final rule—Air- Transportation and Infrastructure. North Carolina, Mr. HORN, Mr. MICA, worthiness Directives; McDonnell Douglas 741. A letter from the Chief, Office of Regu- Mrs. KELLY, Mr. QUINN, Mr. ISAKSON, Model MD–11 Series Airplanes [Docket No. lations and Administrative Law, USCG, De- Mr. DOOLITTLE, Mrs. MORELLA, Mr. 2000–NM–34–AD; Amendment 39–12020; AD partment of Transportation, transmitting THUNE, Mr. MEEHAN, and Mr. SES- 2000–24–13] (RIN: 2120–AA64) received January the Department’s final rule—Drawbridge Op- SIONS): H.R. 525. A bill to amend the Robert T. 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to erating Regulation; Mississippi River, Iowa Stafford Disaster Relief and Emergency As- the Committee on Transportation and Infra- and Illinois [CGD08–00–033] (RIN: 2115–AE47) sistance Act to provide for improved Federal structure. received January 12, 2001, pursuant to 5 efforts to prepare for and respond to ter- 733. A letter from the Program Analyst, U.S.C. 801(a)(1)(A); to the Committee on rorist attacks, and for other purposes; to the FAA, Department of Transportation, trans- Transportation and Infrastructure. mitting the Department’s final rule—Air- Committee on Transportation and Infra- 742. A letter from the Chief, Office of Regu- structure. worthiness Directives; McDonnell Douglas lations and Administrative Law, USCG, De- By Mr. GANSKE (for himself, Mr. DIN- Model MD–11 Series Airplanes [Docket No. partment of Transportation, transmitting GELL, Mr. LEACH, Mr. BERRY, Mrs. 2000–NM–35–AD; Amendment 39–12021; AD the Department’s final rule—Drawbridge Op- 2000–24–14] (RIN: 2120–AA64) received January ROUKEMA, Mr. BROWN of Ohio, Mrs. eration Regulations; Great Egg Harbor Bay, MORELLA, Mr. JOHN, Mr. GILMAN, Mr. 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to New Jersey [CGD05–00–055] received January the Committee on Transportation and Infra- ANDREWS, Mr. LATOURETTE, Mr. RAN- 12, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to GEL, Mr. STENHOLM, Mr. SANDLIN, Mr. structure. the Committee on Transportation and Infra- 734. A letter from the Program Analyst, STUPAK, Mr. PALLONE, Mr. TOWNS, structure. Ms. ESHOO, Mrs. CAPPS, Mr. GREEN of FAA, Department of Transportation, trans- 743. A letter from the Chief, Office of Regu- mitting the Department’s final rule—Air- Texas, Mr. GORDON, Ms. MCCARTHY of lations and Administrative Law, USCG, De- Missouri, Mr. ENGEL, Mr. MOORE, Mr. worthiness Directives; McDonnell Douglas partment of Transportation, transmitting Model MD–11 Series Airplanes [Docket No. STRICKLAND, Mr. MARKEY, Mr. SAW- the Department’s final rule—Special Local YER, Mrs. DAVIS of California, Mr. 2000–NM–36–AD; Amendment 39–12022; AD Regulations; Hillsborough Bay, Tampa, Flor- 2000–24–15] (RIN: 2120–AA64) received January BARRETT, Mr. WYNN, Mr. STARK, Mr. ida [CGD07–00–124] (RIN: 2115–AE46) received WAXMAN, Mr. RUSH, Mr. BOUCHER, 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to January 12, 2001, pursuant to 5 U.S.C. the Committee on Transportation and Infra- Mr. HALL of Texas, Mr. BISHOP, Mr. 801(a)(1)(A); to the Committee on Transpor- TURNER, Ms. HARMAN, Mr. PASCRELL, structure. tation and Infrastructure. 735. A letter from the Program Analyst, Mrs. MCCARTHY of New York, Mr. 744. A letter from the Director, Office of FAA, Department of Transportation, trans- FRANK, Mr. MATSUI, Mr. COYNE, Mr. Management and Budget, transmitting a re- mitting the Department’s final rule—Air- MCDERMOTT, Mr. CARDIN, Mr. LEVIN, port on Military Recruitment Programs, worthiness Directives; McDonnell Douglas Mr. MCNULTY, Mr. JEFFERSON, Mr. Government Performance and Results Act Model MD–11 Series Airplanes [Docket No. BECERRA, Mr. LEWIS of Georgia, Mr. Performance Pilot; jointly to the Commit- 2000–NM–28–AD; Amendment 39–12016; AD KLECZKA, Mrs. THURMAN, Mr. BOS- tees on Government Reform and the Budget. 2000–24–09] (RIN: 2120–AA64) received January WELL, Mr. CROWLEY, Mr. TIERNEY, Mr. 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to f HOEFFEL, and Mr. MEEHAN): the Committee on Transportation and Infra- H.R. 526. A bill to amend the Public Health Service Act, the Employee Retirement In- structure. PUBLIC BILLS AND RESOLUTIONS 736. A letter from the Program Analyst, come Security Act of 1974, and the Internal Under clause 2 of rule XII, public Revenue Code of 1986 to protect consumers in FAA, Department of Transportation, trans- bills and resolutions of the following mitting the Department’s final rule—Air- managed care plans and other health cov- titles were introduced and severally re- erage; to the Committee on Energy and Com- worthiness Directives; Boeing Model 737–300, ferred, as follows: merce, and in addition to the Committees on –400, and –500 Series Airplanes [Docket No. Education and the Workforce, and Ways and 2000–NM–107–AD; Amendment 39–12007; AD By Mr. HERGER (for himself, Mr. SES- Means, for a period to be subsequently deter- 2000–23–34] (RIN: 2120–AA64) received January SIONS, Mr. SCHROCK, Mr. TOOMEY, Mr. ROYCE, mined by the Speaker, in each case for con- 8, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to Mr. FOLEY, Mr. GRAVES, Mr. BROWN of South Carolina, Mr. OTTER, Ms. HART, Mr. AKIN, sideration of such provisions as fall within the Committee on Transportation and Infra- the jurisdiction of the committee concerned. Mr. CRENSHAW, Mr. REHBERG, Mr. TIBERI, Mr. structure. By Mr. VITTER (for himself, Mr. 737. A letter from the Program Analyst, SIMMONS, Mr. CULBERSON, Mr. CANTOR, Mr. BAKER, Mr. LATHAM, Mr. GOODE, Mr. FAA, Department of Transportation, trans- JOHNSON of Illinois, Mr. PLATTS, Ms. CAPITO, ISAKSON, Mr. GUTKNECHT, Mr. THORN- mitting the Department’s final rule—Air- Mr. FLETCHER, Mrs. JOHNSON of Connecticut, BERRY, Mr. GREEN of Wisconsin, Mr. worthiness Directives; Airbus Model A300 B2 Mr. SHAW, Mr. DREIER, Mr. GOSS, Mr. GILLMOR, Mr. SCHAFFER, Mr. and B4 Series Airplanes, and Model A300 B4– HASTINGS of Washington, Mr. COLLINS, Ms. COOKSEY, and Mr. STUMP): PRYCE of Ohio, Mr. KIRK, Mrs. MYRICK, Mr. 600, A300 B4–600R, and A300 F4–600R (A300– H.R. 527. A bill to amend the Internal Rev- LINDER, and Mr. PUTNAM): 600) Series Airplanes [Docket No. 2000–NM– enue Code of 1986 to exempt State and local H.R. 2. A bill to establish a procedure to 96–AD; Amendment 39–12025; AD 2000–24–18] political committees from duplicative notifi- safeguard the combined surpluses of the So- (RIN: 2120–AA64) received January 8, 2001, cation and reporting requirements made ap- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cial Security and Medicare hospital insur- plicable to political organizations by Public mittee on Transportation and Infrastruc- ance trust funds; referred to the Committee Law 106–230; to the Committee on Ways and ture. on Rules, and in addition to the Committee Means. 738. A letter from the Chief, Office of Regu- on the Budget, for a period to be subse- By Mr. ANDREWS: lations and Administrative Law, USCG, De- quently determined by the Speaker, in each H.R. 528. A bill to provide that children’s partment of Transportation, transmitting case for consideration of such provisions as sleepwear shall be manufactured in accord- the Department’s final rule—Allowing Alter- fall within the jurisdiction of the committee ance with stricter flammability standards; natives to Incandescent Light in Private concerned. to the Committee on Energy and Commerce. Aids to Navigation [USCG 2000–7466] (RIN: By Mr. BARCIA (for himself, Mr. BOEH- By Mr. ANDREWS (for himself, Ms. 2115–AF98) received January 12, 2001, pursu- LERT, Mr. HALL of Texas, Mr. EHLERS, DELAURO, Mr. PASCRELL, and Mr. ant to 5 U.S.C. 801(a)(1)(A); to the Committee Mr. UDALL of Colorado, Ms. RIVERS, WELDON of Pennsylvania): on Transportation and Infrastructure. Mr. GORDON, and Mr. CALVERT): H.R. 529. A bill to authorize the Secretary 739. A letter from the Chief, Office of Regu- H.R. 524. A bill to require the Director of of Transportation to require the use of recy- lations and Administrative Law, USCG, De- the National Institute of Standards and cled materials in the construction of Fed- partment of Transportation, transmitting Technology to assist small and medium-sized eral-aid highway projects; to the Committee the Department’s final rule—Drawbridge Op- manufacturers and other such businesses to on Transportation and Infrastructure.

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By Mr. ANDREWS: HOOLEY of Oregon, Ms. HART, Ms. cies, and for other purposes; to the Com- H.R. 530. A bill to amend title 23, United MCCOLLUM, Ms. SLAUGHTER, Ms. ROY- mittee on the Judiciary, and in addition to States Code, to require the allocation of sur- BAL-ALLARD, Mr. MCGOVERN, Mr. the Committee on Small Business, for a pe- face transportation program funds for the BOYD, Ms. ESHOO, Mr. ACKERMAN, Mr. riod to be subsequently determined by the purchase of recycled materials; to the Com- MCHUGH, Mr. SERRANO, Mr. RUSH, Mr. Speaker, in each case for consideration of mittee on Transportation and Infrastruc- MENENDEZ, Mr. ABERCROMBIE, Mr. such provisions as fall within the jurisdic- ture. GILMAN, Mr. SAWYER, Mrs. CLAYTON, tion of the committee concerned. By Mr. BERMAN (for himself, Mr. Mrs. MCCARTHY of New York, and Mr. By Mr. LEACH: THOMAS M. Davis of Virginia, Ms. LEVIN): H.R. 543. A bill to amend the Internal Rev- SOLIS, Mr. DIAZ-BALART, Mr. FRANK, H.R. 536. A bill to amend the Public Health enue Code of 1986 to reduce estate and gift Ms. ROS-LEHTINEN, Ms. JACKSON-LEE Service Act and Employee Retirement In- tax rates to 30 percent, to increase the exclu- of Texas, Mr. SMITH of New Jersey, come Security Act of 1974 to require that sion equivalent of the unified credit to and Ms. ROYBAL-ALLARD): group and individual health insurance cov- $10,000,000, and to increase the annual gift H.R. 531. A bill to designate El Salvador erage and group health plans provide cov- tax exclusion to $50,000; to the Committee on under section 244 of the Immigration and Na- erage for a minimum hospital stay for Ways and Means. tionality Act in order to render nationals of mastectomies and lymph node dissections By Mrs. MALONEY of New York (for such foreign state eligible for temporary pro- performed for the treatment of breast can- herself and Mrs. KELLY): tected status under such section; to the cer; referred to the Committee on Energy H.R. 544. A bill to require the Attorney Committee on the Judiciary. and Commerce, and in addition to the Com- General to promulgate regulations relating By Mrs. CAPPS (for herself, Mr. WAX- mittee on Education and the Workforce, for to gender-related persecution, including fe- MAN, and Mrs. DAVIS of California): a period to be subsequently determined by male genital mutilation, for use in deter- H.R. 532. A bill to provide funding for the Speaker, in each case for consideration mining an alien’s eligibility for asylum or MTBE contamination; to the Committee on of such provisions as fall within the jurisdic- withholding of removal; to the Committee on Energy and Commerce. tion of the committee concerned. the Judiciary. By Mr. CASTLE (for himself, Mr. By Ms. GRANGER: By Mrs. MINK of Hawaii: BALLENGER, Mr. FRANK, Mr. LAHOOD, H.R. 537. A bill to establish the National H.R. 545. A bill to amend title 38, United and Mr. THOMAS M. Davis of Vir- Commission on Youth Crime and School Vio- States Code, to revise the effective date for ginia): lence; to the Committee on Education and certain awards of dependency and indemnity H.R. 533. A bill to amend title 39, United the Workforce. compensation made by the Secretary of Vet- States Code, to restrict the use of franked By Ms. GRANGER (for herself, Mr. erans Affairs to survivors of veterans who mass mailings by Members of Congress, and BURR of North Carolina, Mr. PITTS, died during the Vietnam era or later, and for for other purposes; to the Committee on Mr. FORD, Mr. SESSIONS, Mr. BONILLA, other purposes; to the Committee on Vet- House Administration, and in addition to the Mr. WATKINS, Mr. HINCHEY, Mr. erans’ Affairs. Committee on Government Reform, for a pe- BLUNT, Mr. PAUL, Mr. MCHUGH, Mr. By Mr. QUINN: riod to be subsequently determined by the COMBEST, Mr. DOOLITTLE, and Mrs. H.R. 546. A bill to amend the Internal Rev- Speaker, in each case for consideration of KELLY): enue Code of 1986 to provide tax benefits for such provisions as fall within the jurisdic- H.R. 538. A bill to amend the Internal Rev- small businesses, to amend the Fair Labor tion of the committee concerned. enue Code of 1986 to provide tax incentives Standards Act of 1938 to increase the min- By Mr. CRENSHAW: for education; to the Committee on Ways imum wage, and for other purposes; to the H.R. 534. A bill to establish a grant pro- and Means. Committee on Ways and Means, and in addi- gram that provides incentives for States to By Mr. HAYWORTH (for himself, Mr. tion to the Committee on Education and the enact mandatory minimum sentences for HERGER, Mr. WATKINS, Mr. PAUL, Mr. Workforce, for a period to be subsequently certain firearms offenses, and for other pur- RADANOVICH, Mr. SIMPSON, Mr. BACH- determined by the Speaker, in each case for poses; to the Committee on the Judiciary. US, Ms. MCCARTHY of Missouri, Mrs. consideration of such provisions as fall with- By Mr. DEAL of Georgia: BIGGERT, Mr. TERRY, Mr. SCHROCK, in the jurisdiction of the committee con- H.R. 535. A bill to amend the Water Re- Mr. DUNCAN, Ms. PRYCE of Ohio, Ms. cerned. sources Development Act of 2000 relating GRANGER, Mr. WHITFIELD, Mr. PETRI, By Ms. RIVERS: Lake Sidney Lanier, Georgia, home preser- Mr. RILEY, Mr. WELDON of Florida, H.R. 547. A bill to amend the Public Health vation; to the Committee on Transportation Mr. SESSIONS, Mr. AKIN, Mr. RUSH, Service Act, the Employee Retirement In- and Infrastructure. Mr. FOSSELLA, Mr. HILLEARY, Mr. come Security Act of 1974, and the Internal By Ms. DELAURO (for herself, Mr. PITTS, and Ms. HART): Revenue Code of 1986 to require that group DOYLE, Mr. ETHERIDGE, Mr. EHRLICH, H.R. 539. A bill to amend the Internal Rev- and individual health insurance coverage and Mr. PALLONE, Mr. CAPUANO, Mr. enue Code of 1986 to expand the child tax group health plans provide coverage for hair DEFAZIO, Mr. HORN, Mrs. MALONEY of credit; to the Committee on Ways and prostheses for individuals with scalp hair New York, Mr. TIERNEY, Ms. WOOL- Means. loss as a result of alopecia areata; to the SEY, Mr. FARR of California, Mr. By Mrs. KELLY: Committee on Energy and Commerce, and in BROWN of Ohio, Ms. VELAZQUEZ, Mr. H.R. 540. A bill to authorize the Small addition to the Committees on Education MCNULTY, Ms. EDDIE BERNICE JOHN- Business Administration to make grants and and the Workforce, and Ways and Means, for SON of Texas, Mrs. MINK of Hawaii, loans to small business concerns, and grants a period to be subsequently determined by Mrs. MORELLA, Mr. FILNER, Mr. to agricultural enterprises, to enable such the Speaker, in each case for consideration PHELPS, Mr. THOMPSON of California, concerns and enterprises to reopen for busi- of such provisions as fall within the jurisdic- Mrs. CAPPS, Mr. MCINTYRE, Ms. WA- ness after a natural or other disaster; to the tion of the committee concerned. TERS, Mr. GONZALEZ, Mr. BARRETT, Committee on Small Business. By Mr. SCARBOROUGH (for himself, Mr. QUINN, Mr. SHOWS, Ms. BALDWIN, By Mrs. KELLY (for herself and Mr. Mr. WELDON of Florida, Mr. PETRI, Mr. BORSKI, Mr. MALONEY of Con- SWEENEY): Mr. SHOWS, Mr. MCINTYRE, Mr. necticut, Mr. HINCHEY, Mr. HILLIARD, H.R. 541. A bill to amend chapter 35 of title GEORGE MILLER of California, Mr. Ms. KAPTUR, Mr. SPRATT, Mr. BOU- 44, United States Code, popularly known as FOLEY, Mr. SAXTON, and Mr. PICK- CHER, Mrs. ROUKEMA, Mr. GREEN of the Paperwork Reduction Act, to minimize ERING): Texas, Ms. NORTON, Mr. BURTON of In- the burden of Federal paperwork demands H.R. 548. A bill to amend title 10, United diana, Mr. KING, Mr. HOYER, Mr. DIN- upon small businesses, educational and non- States Code, to increase the minimum Sur- GELL, Mr. OLVER, Mr. WEINER, Mr. profit institutions, Federal contractors, vivor Benefit Plan basic annuity for sur- REYES, Mr. BONIOR, Mr. HOLDEN, Mr. State and local governments, and other per- viving spouses age 62 and older, and for other FROST, Mr. ROSS, Mr. TRAFICANT, Mr. sons through the sponsorship and use of al- purposes; to the Committee on Armed Serv- KILDEE, Mr. LARSON of Connecticut, ternative information technologies; to the ices. Mr. BLAGOJEVICH, Mr. COOKSEY, Mr. Committee on Government Reform, and in By Mr. SCARBOROUGH (for himself, MATSUI, Mrs. MEEK of Florida, Mr. addition to the Committee on Small Busi- Mr. FROST, Mr. DREIER, Mr. BOUCHER, GEORGE MILLER of California, Mr. ness, for a period to be subsequently deter- Mr. FOLEY, Mrs. JONES of Ohio, Mr. WYNN, Ms. LEE, Mr. NADLER, Mr. mined by the Speaker, in each case for con- WATKINS, Mr. PASCRELL, Mr. BENTSEN, Mr. BALDACCI, Ms. MCCAR- sideration of such provisions as fall within TANCREDO, Mr. PRICE of North Caro- THY of Missouri, Mr. SANDERS, Mr. the jurisdiction of the committee concerned. lina, Mr. PAUL, Mr. DUNCAN, Mr. JEFFERSON, Mr. MEEHAN, Mr. By Mrs. KELLY (for herself, Mr. RILEY, Mr. HORN, Mr. ROGERS of KUCINICH, Ms. PELOSI, Ms. BERKLEY, ENGLISH, Ms. PRYCE of Ohio, and Mr. Michigan, Mr. BARR of Georgia, Mr. Mr. DELAHUNT, Mr. VISCLOSKY, Mr. SWEENEY): MILLER of Florida, Ms. HART, Mr. UDALL of New Mexico, Mrs. LOWEY, H.R. 542. A bill to amend provisions of law KING, Ms. ROS-LEHTINEN, and Mr. Mr. SIMMONS, Mrs. THURMAN, Mr. enacted by the Small Business Regulatory SUNUNU): PRICE of North Carolina, Mr. FRANK, Enforcement Fairness Act of 1996 to ensure H.R. 549. A bill to amend the Internal Rev- Mr. KLECZKA, Ms. RIVERS, Mr. MOAK- full analysis of potential impacts on small enue Code of 1986 to provide additional tax LEY, Mr. LANTOS, Mr. COSTELLO, Ms. entities of rules proposed by certain agen- incentives for education; to the Committee

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on Ways and Means, and in addition to the the Taliban-led Government in Afghanistan; LER of California, Ms. SLAUGHTER, Mr. GON- Committee on Financial Services, for a pe- to the Committee on International Rela- ZALEZ, Mr. FOSSELLA and Mr. UDALL of Colo- riod to be subsequently determined by the tions. rado. Speaker, in each case for consideration of By Mr. KIRK: H.R. 162: Mrs. MCCARTHY of New York, Mr. such provisions as fall within the jurisdic- H. Res. 32. A resolution designating major- PASTOR, Mr. UDALL of Colorado, and Mr. tion of the committee concerned. ity membership on certain standing commit- GILCHREST. By Mr. STUPAK: tees of the House; considered and agreed to. H.R. 175: Mr. SKEEN, Mr. CRANE, Mr. BART- H.R. 550. A bill to name the Department of By Mr. FROST: LETT of Maryland, Mr. SCHAFFER, Mr. Veterans Affairs medical facility in Iron H. Res. 33. A resolution designating minor- TANCREDO, Mr. SMITH of Texas, Mr. FLAKE, Mountain, Michigan, as the ‘‘Oscar G. JOHN- ity membership on certain standing commit- Mr. DUNCAN, Mr. HUTCHINSON, Mr. SON Department of Veterans Affairs Medical tees of the House; considered and agreed to. HAYWORTH, Mr. STUMP, and Mr. OTTER. Facility’’; to the Committee on Veterans’ Af- By Mr. HYDE (for himself, Mr. LANTOS, H.R. 184: Mr. LIPINSKI, Mr. KILDEE, and Ms. fairs. Mr. CANTOR, Mr. GILMAN, and Mr. MCKINNEY. By Mr. STUPAK: ACKERMAN): H.R. 244: Mr. KUCINICH and Mr. MORAN of H.R. 551. A bill to amend title 38, United H. Res. 34. A resolution congratulating the States Code, to provide that the rate of reim- Virginia. Prime Minister-elect of Israel, Ariel Sharon, bursement for motor vehicle travel under the H.R. 251: Mr. WAXMAN. calling for an end to violence in the Middle beneficiary travel program of the Depart- H.R. 257: Mrs. NORTHUP, Mr. OTTER, and East, reaffirming the friendship between the ment of Veterans Affairs shall be the same Mrs. MYRICK. as the rate for private vehicle reimburse- Governments of the United States and Israel, H.R. 286: Mr. FROST. ment for Federal employees; to the Com- and for other purposes; to the Committee on H.R. 287: Mrs. KELLY. mittee on Veterans’ Affairs. International Relations. H.R. 289: Mrs. TAUSCHER. By Mr. UDALL of Colorado: By Mr. MOORE (for himself, Ms. H.R. 311: Mr. DOOLITTLE, Mr. BURTON of In- H.R. 552. A bill to provide interim protec- MCCARTHY of Missouri, Mr. SKELTON, diana, and Mr. OTTER. tion for certain roadless areas in the Arap- Mrs. EMERSON, Mr. MORAN of Kansas, H.R. 320: Mr. NEAL of Massachusetts, Mr. aho and Roosevelt National Forests in Colo- Mr. FROST, Mr. HILLIARD, Ms. PRYCE ENGEL, Mr. PASTOR, Mr. ROSS, Mr. RANGEL, rado, and for other purposes; to the Com- of Ohio, Mr. TANCREDO, Mr. STEN- Mr. JEFFERSON, and Mr. DEFAZIO. mittee on Resources. HOLM, and Ms. SLAUGHTER): H.R. 325: Mrs. JOHNSON of Connecticut, Mr. By Mr. YOUNG of Alaska: H. Res. 35. A resolution expressing the WHITFIELD, and Mr. LEACH. H.R. 553. A bill to amend the Magnuson- sense of the House of Represenatives with re- H.R. 326: Mr. ENGEL, Mrs. CLAYTON, and STEVENS Fishery Conservation and Manage- spect to the Bloch Cancer Foundation; to the Mr. PASTOR. ment Act to improve implementation of the Committee on Energy and Commerce. H.R. 340: Mr. ABERCROMBIE. western Alaska community development f H.R. 356: Mr. FROST, Mr. BUYER, Mr. quota program, and for other purposes; to TANCREDO, Mr. BALLENGER, Mr. SIMPSON, Mr. the Committee on Resources. ADDITIONAL SPONSORS WHITFIELD, Mr. SESSIONS, Mrs. THURMAN, Mr. By Mr. LEACH: CALVERT, Mr. COOKSEY, Mr. PICKERING, Mr. H.J. Res. 14. A joint resolution proposing Under clause 7 of rule XII, sponsors HUNTER, Ms. HART, and Mr. PAUL. an amendment to the Constitution of the were added to public bills and resolu- H.R. 369: Mr. RYUN of Kansas. United States regarding regulations on the tions as follows: H.R. 389: Mr. RANGEL. amounts of expenditures of personal funds H.R. 37: Mr. FRELINGHUYSEN. H.R. 419: Ms. MILLENDER-MCDONALD and made by candidates for election for public of- H.R. 39: Mr. REYNOLDS, Mr. SKEEN, Mr. Ms. DEGETTE. fice; to the Committee on the Judiciary. DUNCAN, Mr. STUMP, Mr. HAYWORTH, Mr. H.R. 429: Mr. PETERSON of Minnesota. By Mr. SAXTON: RILEY, Mr. TERRY, Mr. ISTOOK, Mr. PICK- H.R. 478: Mr. CRAMER. H.J. Res. 15. A joint resolution designating ERING, Mr. HASTINGS of Washington, Mr. the square dance as the national folk dance H.R. 482: Mr. DEMINT, Mr. SHOWS, Mr. HANSEN, Mr. TAUZIN, Mr. POMBO, Mr. SIMP- of the United States; to the Committee on ADERHOLT, and Mr. BACHUS. SON, Mr. COOKSEY, Mr. LATOURETTE, Mr. Government Reform. H.R. 488: Mr. FILNER, Mr. FRANK, and Mr. BRADY of Texas, Mr. GARY MILLER of Cali- By Mr. PAUL (for himself, Mr. GOODE, LANTOS. fornia, Mr. RADANOVICH, Mr. OTTER, Mr. Mr. JONES of North Carolina, Mr. H. Con. Res. 17: Mr. GILMAN, Mr. UDALL of HALL of Texas, Mr. BROWN of South Carolina, BARTLETT of Maryland, and Mr. DUN- Colorado, and Ms. WOOLSEY. Mr. LEWIS of California, Mr. SMITH of Michi- CAN): H. Res. 17: Ms. SLAUGHTER. gan, Mr. LUCAS of Oklahoma, Mr. TANCREDO, H. Con. Res. 23. A Concurrent resolution H. Res. 23: Mr. SHOWS, Mr. RUSH, Mr. Mr. DOOLITTLE, Mr. HERGER, Mr. WICKER, Mr. expressing the sense of the Congress that MCGOVERN, Mr. FROST, Mr. TURNER, Mr. HILLEARY, Mrs. EMERSON, Mr. BACHUS, Mr. President George W. Bush should declare to MCINTYRE, and Mr. STENHOLM. BARTON of Texas, Mr. SESSIONS, Mr. CAL- all nations that the United States does not VERT, Mr. BAKER, Mr. OXLEY, Mr. SMITH of intend to assent to or ratify the Inter- Texas, Mr. NETHERCUTT, Mr. MCCRERY, Mr. f national Criminal Court Treaty, also referred to as the Rome Statute of the Inter- SCHROCK, Mr. CULBERSON, Mr. PETERSON of national Criminal Court, and the signature Pennsylvania, Mr. CANNON, Mr. GIBBONS, Mr. PETITIONS, ETC. WATTS of Oklahoma, Mr. BUYER, Mr. of former President Clinton to that treaty Under clause 3 of rule XII, should not be construed otherwise; to the ISAKSON, Mr. DELAY, Mr. CALLAHAN, Mr. Committee on International Relations. ROHRABACHER, Mr. LARGENT, Mrs. CUBIN, Mr. 4. The SPEAKER presented a petition of By Mr. GILCHREST: COMBEST, Mr. WATKINS, and Mr. BONILLA. the Legislature of Rockland County, New H. Con. Res. 24. A concurrent resolution H.R. 42: Mr. PETRI. York, relative to Resolution No. 695 of 2000 supporting a National Foster Parents Day; H.R. 50: Ms. MILLENDER-MCDONALD. petitioning the United States Government to to the Committee on Government Reform. H.R. 99: Mr. DOOLITTLE, Mr. SCHAFFER, Mr. act in possible partnership with prominent By Mrs. KELLY: LARGENT, and Mr. ISSA. cancer institutes to wit, the National Insti- H. Con. Res. 25. A concurrent resolution ex- H.R. 117: Ms. RIVERS, Mrs. DAVIS of Cali- tute of Environmental Health Sciences and pressing the sense of the Congress regarding fornia, Mr. BLAGOJEVICH, Mr. UDALL of New the National Cancer Institute to appropriate tuberous sclerosis; to the Committee on En- Mexico, Mr. FROST, Ms. KILPATRICK, Mrs. the funding for the undertaking of a detail ergy and Commerce. CHRISTENSEN, Ms. MCCARTHY of Missouri, Mr. empirical study in the County of Rockland of By Mrs. MALONEY of New York (for GUTIERREZ, Mr. LANTOS, Mr. SANDLIN, Ms. the environmental and genetics of the popu- herself, Mr. ROHRABACHER, and Mr. CARSON of Indiana, Mr. MCDERMOTT, Mr. lation of Rockland as they relate to and ef- HOYER): BARCIA, and Mr. RUSH. fect the incidences of breast cancer in this H. Con. Res. 26. A concurrent resolution ex- H.R. 154: Mrs. NORTHUP, Mrs. CHRISTENSEN, county; which was referred to the Committee pressing the sense of the Congress regarding Mr. BALLENGER, Mr. PETRI, Mr. GEORGE MIL- on Energy and Commerce.

VerDate 08-FEB-2001 04:05 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 7634 Sfmt 0634 E:\CR\FM\L08FE7.100 pfrm01 PsN: H08PT1 E PL UR UM IB N U U S Congressional Record United States of America PROCEEDINGS AND DEBATES OF THE 107th CONGRESS, FIRST SESSION

Vol. 147 WASHINGTON, THURSDAY, FEBRUARY 8, 2001 No. 18 Senate The Senate met at 9:30 a.m. and was appoint the Honorable MIKE DEWINE, a Sen- utes. By previous consent, following called to order by the Honorable MIKE ator from the State of Ohio, to perform the morning business, the Senate will DEWINE, a Senator from the State of duties of the Chair. begin consideration of the pipeline Ohio. STROM THURMOND, safety legislation. An agreement was President pro tempore. reached last night with respect to PRAYER Mr. DEWINE thereupon assumed the amendments to the pipeline safety bill. chair as Acting President pro tempore. The guest Chaplain, Rabbi Leslie Y. Therefore, it is hoped that the Senate The ACTING PRESIDENT pro tem- Gutterman, Temple Beth-El, Provi- can complete action on the bill at a pore. The Senator from Rhode Island. dence, RI, offered the following prayer: reasonable hour this afternoon. God of the free, Hope of the brave, we f I thank my colleagues for their co- invoke Your blessings upon the Mem- RABBI LESLIE Y. GUTTERMAN operation. bers of this Senate. May they be filled Mr. REID. Mr. President, while the with Your spirit, the spirit of wisdom, Mr. REED. Mr. President, I am hon- distinguished Senator from Oklahoma compassion, and understanding. ored to be able to welcome my friend is on the floor, does the Senator have Help these good women and men to and great leader in our religious com- an idea what time the leaders want to keep America free from prejudice, op- munity in Rhode Island, Rabbi Leslie have the vote today or hope to have pression, and strife. Let the Senators’ Gutterman. Rabbi Gutterman is the the vote today? deliberations fulfill our deepest spir- rabbi at Temple Beth-El, Providence, Mr. NICKLES. Mr. President, I don’t itual desires and promote justice, free- RI. He has been leading his congrega- know. I do know there is an agreement dom, and peace. Cause their example to tion since 1970. He has become a leader that any amendments have to be rel- strengthen every citizen’s capacity for in our community not just within the evant to the pipeline safety legislation. self-sacrifice on behalf of our country’s Jewish community but within all the I think the legislation has over- welfare. communities in Rhode Island. whelming support, so it is my guess we Hasten the day, we fervently pray, The Talmud says the Torah gives will be able to have conclusion at a when security and abundance will be honor to those who study it. Rabbi reasonable hour. the share of all. Amen. Gutterman has studied it and has been Mr. REID. A number of people have honored for this study. He honors us by made inquiries today. f his wisdom, his wit, his compassion, f PLEDGE OF ALLEGIANCE his generous spirit, in all he endeavors throughout our community. RESERVATION OF LEADER TIME The Honorable LINCOLN CHAFEE, a It is indeed an honor to be here today The ACTING PRESIDENT pro tem- Senator from the state of Rhode Island, to welcome him, to hear his words of led the Pledge of Allegiance, as follows: pore. Under the previous order, leader- prayer and reflection, and to go for- ship time is reserved. I pledge allegiance to the Flag of the ward knowing that he is not only a f United States of America, and to the Repub- friend but also a powerful force in our lic for which it stands, one nation under God, MORNING BUSINESS indivisible, with liberty and justice for all. State for tolerance and decency. I thank him for being here today. The ACTING PRESIDENT pro tem- f I yield the floor. pore. There will now be a period for the APPOINTMENT OF ACTING f transaction of morning business not to PRESIDENT PRO TEMPORE extend beyond the hour of 11 a.m. RECOGNITION OF THE ACTING Under the previous order, the time The PRESIDING OFFICER. The MAJORITY LEADER clerk will please read a communication from 9:30 to 10 a.m. will be under the The ACTING PRESIDENT pro tem- to the Senate from the President pro control of the Senator from New Jer- pore. The acting majority leader, the sey. tempore (Mr. THURMOND). Senator from Oklahoma. The legislative clerk read the fol- The Senator from New Jersey is now lowing letter: f recognized. f U.S. SENATE, SCHEDULE PRESIDENT PRO TEMPORE, THE SURPLUS Washington, DC, February 8, 2001. Mr. NICKLES. Today the Senate will To the Senate: be in a period of morning business until Mr. TORRICELLI. Mr. President, in Under the provisions of rule I, paragraph 3, 11 a.m., with the majority leader to be these times of extraordinary budgetary of the Standing Rules of the Senate, I hereby recognized at 11 a.m. for up to 15 min- wealth, it is easy to forget it was less

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

S1167

VerDate 08-FEB-2001 04:03 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.000 pfrm02 PsN: S08PT1 S1168 CONGRESSIONAL RECORD — SENATE February 8, 2001 than a decade ago that a now famous It is axiomatic that in this time of have the judgment to balance our edu- comment was made that the U.S. Gov- revolutionary technology and inter- cational, environmental, and medical ernment would have deficits as far as national competition, it will be impos- needs against the need for broad-based the eye could see. Indeed, in 1992 when sible to maintain the standard of living tax relief but whether the tax relief the Clinton administration began, the in the United States or our national itself can be comprehensive and bal- annual deficit was $290 billion and was strength or even democratic character anced to a variety of national objec- projected to grow to $455 billion this without improving the quality of in- tives. year. Today, not only has that annual struction in our schools. Mr. President, President Bush has proposed a $1.6 deficit been eliminated but the budget 2,400 schools will need to be rebuilt by trillion restructuring of the tax brack- surplus is $237 billion, for the first time the year 2003 to accommodate rising ets. It is largely a reflection of the in generations, 3 successive years of enrollments alone, and 130,000 teachers broad-based tax relief offered by Sen- budget surpluses, leading to the ex- will need to be hired over the next dec- ators Coverdell, BREAUX, Kerrey, and traordinary ability of the U.S. Treas- ade. This, too, was postponed. myself in the last Congress. It is deeper ury by next year to have reduced the Third, until most recently, this gen- and it is broader, but it is based on the aggregate historic debt of the United eration postponed its obligation to principle of lowering rates generally States by $600 billion. maintain the quality of life by main- and specifically moving middle-income It is now realistic to discuss the taining the quality of the land of our American families into the lowest elimination of all outstanding U.S. country. What began with Theodore bracket possible. That is simple but it Government debt—not in another gen- Roosevelt in preserving our national is direct and it is right. eration, perhaps not even in another monuments and lands and open space But the tax debate must include decade, but in our own time, on our for our generation was postponed as we more than simply lowering rates in the own watch. fought to balance our budget. No State broadest fashion possible for most This extraordinary change of the na- in the Nation is a better example of Americans. There are other specific national finances has led to the recogni- this phenomenon than my own native tional objectives to be achieved tion that the Federal Government State of New Jersey. Forty percent of through the Tax Code. I was pleased to could generate a $3.1 trillion surplus, the land is already developed; 10,000 see that Senator LOTT has joined in my even while excluding the accumulating acres are lost per year. There is an epi- efforts to include in this tax reduction Social Security surplus that we mutu- demic of sprawl. America is losing 50 a further cut in capital gains rates. ally agree needs to be held in reserve. acres of open space every hour of every The business community has made This is clearly a once-in-a-lifetime op- day, all year long. clear its own desire to see the R&D tax portunity. Any generation of Members These three, from my own personal credit made permanent and reform of of the Senate only could have dreamed perspective, are on top of a long list of the international tax laws. of the chance to reorganize the fi- postponed national ambitions that Those in my State of New Jersey, nances of the Federal Government with need to be debated in the context of home of the pharmaceutical industry surpluses that were even a fraction of broad and meaningful tax reduction, and increasingly of high technology, these magnitudes. which I support. Prescription drug ben- and involved in a disproportionate The choices before the Senate are ob- efits, new teachers and schools, pre- amount of international trade, are viously considerable. We arrived at serving of open space, and the quality grateful for the help of our economy these massive surpluses for a combina- of our environment—they are a part of and growing employment base. Both tion of reasons: Our taxes, extraor- this debate. The resources that go to political parties have pledged them- dinary work by the American people, one are not available for the other. selves to end the marriage penalty and This Congress, unlike many that rising productivity and technology, but to eliminate the estate tax for at least came before us that dealt with the also because for a long time our people small businesses, family farms, and to question of comprehensive tax relief, simply went without some benefits. fix the alternative minimum tax, must commit itself to balance, to bal- Like a company that improves its bot- which is a rising burden on middle-in- ance the resources that are necessary tom line by not investing in its per- come people. for national goals and the resources sonnel, our country cast a blind eye for Indeed, with a surplus of this mag- that are required for comprehensive some time to real human needs and nitude, there is no shortage of legiti- and meaningful tax relief. human investments in order to balance The question of tax relief itself also mate ideas. All of these concepts for our budget. involves issues of balance. I begin this tax reform and tax reduction have one First and foremost among those discussion with a profound belief that thing in common: They are justifiable, things that the country simply ignored tax relief is not only affordable, it is they have a rationale, and they should for a period of time was the medical owed to the American people. There be considered. But they also have this needs of our people. Modern medicine are many contributors to the national in common: None should be considered is obviously revolutionizing health surplus. This Congress and President to the exclusion of other ideas, and care. Despite the fact that prescription Clinton deserve considerable credit for each should be balanced. drugs are an integral part of the health reducing spending and some enhanced This is a moment the country is not care of any citizen, 35 percent of Medi- efficiencies. The American people de- going to visit again for a long time. care beneficiaries, or 15 million senior serve most of the credit for the new This should be considered at length, se- citizens, have no prescription drug cov- productivity of this economy and its riously, and done right. Let me begin erage and are either choosing between efficiency through their hard work. with several ideas that I believe are their rent and food or paying their pre- But it is also true—indeed, it is ines- critical, in addition to the clear objec- scription drug bills or simply doing capable—that a significant portion of tive of restructuring the tax brackets without at the cost of compromising the Federal surplus is a direct result of themselves. the quality of their lives, or life itself. high tax rates that have produced in- First is the affordability of higher It remains first on the national objec- creased revenue, and the American peo- education. There is no greater burden tives to be corrected in these new cir- ple deserve a dividend on their high on middle-income families, on working cumstances. taxes of all these years. couples, than the prospect, the Second, arguably, the United States Rates were increased and they were daunting challenge of a college edu- has the finest system of higher edu- too high, and now they are simply not cation for their children. With the pos- cation in the world. But no one could necessary. The projection of a $3.1 tril- sible exception of buying a home, it is defend the current quality of our ele- lion surplus should end forever the ar- the principal financial burden in life mentary or high schools. They are lit- gument about whether the U.S. Gov- for most Americans. For those less for- erally bursting apart at the seams: ernment can afford broad-based tax re- tunate, there are a variety of scholar- Aging schools, postponed improve- lief. It is right, it is necessary, and it is ship and loan programs. The very ments in their infrastructure, the need affordable. wealthy will never have to be con- for higher standards, to retain good The question becomes the character cerned. But most Americans find them- teachers, and get even better teachers. of this Congress; whether we not only selves in neither situation, and we are

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.004 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1169 facing the prospect where the middle oped world in the amount of money afford to do this for everybody or only class will simply be out of range of a available to every family in their per- for 90 percent of those Americans who quality graduate education or even a sonal savings. would be eliminated from the estate college education. Both our sense of Nearly two-thirds of Americans have tax rolls if we simply increased the fairness and our economic prospects as no stake in the society, no accumu- threshold to $5 million or $7 million. a nation are going to be radically al- lated wealth but the value of their We all agree there is a problem. Sev- tered if a quality college education is home. The consequences of this on so- enty percent of small business owners the province only of the upper middle ciety are very clear. Most Americans choose to sell their businesses rather class and the privileged. We will de- are no more than a sickness, a natural than pass that business on to their stroy the engine of our economic catastrophe, a divorce, or the loss of a children and pay the estate tax. The es- growth while taking basic fairness and job away from losing a home and ev- tate tax is destroying small business in social mobility out of our society. erything they have worked for all of America, family businesses, the con- As this chart indicates, over the last their lives. A stable society that is tinuity of ownership and pride within a decade the cost of sending a child to prosperous and confident must have business inside a family. As a result, college has increased by 40 percent, two broad-based savings by its people. only 13 percent of small businesses in and a half times the basic underlying There is a reason why Americans existence today will survive to the inflation rate, for public universities have stopped saving money. This Gov- third generation. and for private universities. It is not ernment has made savings an irra- With the loss of family farms, it is tolerable and there is something that tional economic act. A working family even worse, adding not only to the loss this Congress can do about it. If we on a modest income, who puts a few of continuity of ownership of a family were to add one single deduction to dollars in the bank or in the stock farm but in a State such as mine, in this new Tax Code that this Congress is market every year hoping for a divi- New Jersey, more importantly, the de- going to write in the coming weeks, in dend, a small capital gain, some appre- struction of the land. People who want addition to the broad-based relief in ciation, faces the prospect of paying to be in farming and want their chil- the lowering of tax brackets for all taxes on it every April. This denies dren to be in farming have to sell the Americans, it would be 100-percent de- people not only security from the va- farm to a developer and divide the ductibility of college tuition. It makes garies of everyday life, it also denies acreage because upon their death, their sense and it should be done now, and them the ability to save appropriately children cannot afford to pay the tax. nothing would add more to the finances for their own retirement and ulti- The better alternative, if we cannot of middle-income families. mately makes them dependent upon afford to eliminate the estate tax en- Long ago this Congress recognized Government to an extent that should tirely, is to increase the exemption to the need for deductibility of basic in- not be necessary. such a level that every small business vestments by business to add to its ca- Let me be clear because I believe this and every family farm, for all practical pabilities of productivity and effi- is so fundamental to this tax bill. The purposes, is excluded from the tax. ciency. As a nation, that same invest- Federal Government, in its current cir- Under current law, there is a $2.6 mil- ment strategy is reflected by average cumstances, does not need tax revenues lion exemption for qualified family Americans every day when they seek from taxing the dividends, interest, or farms and small businesses. But in a the financial security of their families capital gains of working-class families State such as New Jersey—indeed, and their productivity as a people by who decide to have modest savings and much of the country—if you have sig- educating their children. make an investment in the country for nificant acreage, you may not be a I recognize, because of the variety of themselves, their children, or their fu- wealthy person—indeed, you may have deductions and rate alterations that ture. We not only do not need their no cash available at all—but your land are going to be suggested in this Con- money, we should be encouraging them may be worth more than that, and you gress, that 100-percent deductibility for to every extent possible to participate cannot afford to give it to your child Harvard or Yale or Princeton might in the growth of the country and save on your death. Therefore, the more ef- not initially be possible. their own money: Buy a mutual fund, fective alternative to repeal may be to Because we cannot do everything put money in the bank, get in the increase the threshold to $8 million or does not mean we cannot do anything. stock market, make a family invest- maybe even $10 million. This would If 100-percent deductibility for the ment, and keep your money. deal with the practical problems of de- most expensive schools in the Nation is If we provide a $500 exclusion for divi- stroying small businesses and family not possible, 100-percent deductibility dends, savings on interest in bank ac- farms. for the cost of going to a State univer- counts, $2,000 or $3,000 exclusion for Four, rate reduction. I began this dis- sity or a more moderately priced capital gains, we can eliminate all cussion by conceding the point—and, school is affordable and should be in taxes on savings for 20 million Ameri- indeed, conceding it gladly—that every this legislation. cans; 20 million Americans would be American deserves a tax break regard- Second, the national crisis of savings eliminated from the tax rolls with re- less of their income because every and retirement: There is no arguing gard to their savings account or their American, regardless of their position, that these are extraordinary economic brokerage account. has contributed to the surplus and the times by almost any measure—na- This Congress could make saving new national prosperity. tional competitiveness, efficiency, em- money and getting financial security I say this because my hope is that ployment, and quality of life. In this to be a rational economic act again. this discussion of tax reduction cannot panoply of good news, there is at least For most Americans, this would become a debate about different sec- a single measure of a mounting na- translate into the ability to have tions of the country any more than it tional problem: the national savings $10,000 in the bank or in the stock mar- should about different stratums of rate. ket, knowing it is theirs and it will not wealth, a fight of region, or class war- As this chart demonstrates, from add to their tax liability every April. I fare. All Americans helped produce this only 20 years ago, when Americans believe this second element, in addi- prosperity, and everyone should share were saving 10 percent of their income, tion to a broad-based rate reduction, is in its benefits. But I also want this for the first time since the Great De- a critical component of comprehensive congressional debate to begin with the pression, the Nation now has a nega- tax reform. idea that we all do come from different tive savings rate. Third, the elimination of the estate sections of the country and have dif- The consequences of this are very tax for small business and family ferent concepts of the tax burden. clear. American families are maintain- farms: There is clearly a general agree- The issue becomes that we all want ing their standard of living by going ment in this Congress by Democrats these tax reductions to go to primarily into debt further and further every and Republicans that we can eliminate middle-income people, which begs the year. In the last 23 years, the debt bur- all taxes as we now know them on es- question: What is a middle-income den on American families has quad- tates for small businesses and family family? Is a family of four making rupled. We are now last in the devel- farms. The question is whether we can $40,000 or $50,000 middle income? There

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.007 pfrm02 PsN: S08PT1 S1170 CONGRESSIONAL RECORD — SENATE February 8, 2001 are regions of the country where the gains for those who will invest in new cause we have to make the good econ- answer to that might be affirmative. housing or new investment. Allow the omy last. What I see around us, in re- In the State of New Jersey—indeed, I developer to keep $25,000 of capital sponse to the President’s proposal, is suspect in New York, California, south- gains on every house they build in an quite the opposite of discipline. ern Florida, or northern Illinois—the urban enterprise zone as their money, I fear we are going to end up in a race answer most decidedly is no. A family if they will take the risk and change to see who can give more away, which of four earning $40,000 to $50,000 a year the economics of that investment. will ultimately result in a position is struggling every single day to pay Second, and finally, on brownfields, that the American people will not be their mortgage, educate their children, brownfields is an important concept to able to take care of themselves. I want feed their children, and clothe them. recycle urban polluted lands into vital to speak about this for a moment or That is not a life of prosperity and economic resources. It has been suc- two. ease. It is only marginally sometimes cessful, but it must move more quick- We have learned some lessons—or middle income. ly. should have—over the last several Indeed, in my State, a family earning Mr. President, I conclude simply by years about how we created the eco- $70,000 a year is probably a police offi- suggesting I want to accelerate and in- nomic growth that most American cer married to a nurse or a school- crease the tax deductibility for invest- families are enjoying today. Govern- teacher. This is a family of middle-in- ment in brownfields. I leave my col- ment does not create jobs; the private come status that deserves these bene- leagues with the thought that I hope sector does. But Government can cre- fits. So I hope we can avoid a discus- this is a good debate on tax reduction. ate the environment in which the pri- sion of broad-based tax relief that fo- I hope it is comprehensive. I hope it is vate sector can thrive by the way we cuses most tax benefits significantly balanced. I hope we seize this extraor- conduct ourselves. below this level of income. dinary moment to impact the lives of It seems to me, if we look back over I want to be accommodating to my as many Americans as possible while history, though the investments we colleagues. I want this to be a bipar- assuring our economic future. make in education and training are im- tisan and broadly based tax plan, but I I yield the floor and thank the Pre- portant, the most important thing the will fight to the end to assure these siding Officer for his indulgence. Federal Government can do is to keep levels defining ‘‘middle-income fami- The PRESIDING OFFICER (Mr. its books in balance and, hopefully, to lies’’ are realistic for these police offi- ALLEN). I thank the Senator from New have a little bit of a surplus. That cre- cers, nurses, teachers, and small busi- Jersey. ates the confidence and the stability ness people who have modest incomes The Chair recognizes the Senator which encourages the private sector to and high expenses in our urban and from Connecticut, Mr. LIEBERMAN. invest, to innovate, to create jobs, to suburban areas of the country. Mr. LIEBERMAN. I thank the Chair grow. Last year, when Senator Coverdell and thank my colleague. The tax plan which President Bush is and I introduced the first bipartisan f sending to Congress today ignores broad-based expansion of tax brackets those lessons. The administration’s for lower rates, the center of our plan— FISCAL DISCIPLINE massive $2 trillion tax program—be- largely now adopted by President Mr. LIEBERMAN. Mr. President, this cause it is not just the $1.6 trillion, if Bush—was to expand the 15-percent tax is an important day in the 107th session you add on the necessary alteration in bracket to a family of four earning of Congress. This is the day on which the alternative minimum tax and lost $75,000. This would move 7 million tax- President Bush will send us his tax pro- interest earnings as a result of that tax payers into the lowest Federal bracket, posals. Our response to them will de- plan, it comes to more than $2 tril- recognizing that no one in this brack- termine, I believe, the strength of our lion—that massive $2 trillion tax pro- et, as I earlier suggested, should be economy and the security of each and gram misunderstands our unprece- paying 28 or 31 percent. This is the cen- every American for years to come. dented economic expansion and why we terpiece, in my judgment, of any rate In response to the proposal the Presi- got there and is not the right way to reduction. dent will send us, I believe we will all deal with the current economic slow- Finally, I leave my colleagues with be tested—each of us individually, the down that worries us. two other concepts that I hope will be institution of Congress, and, indeed, As a so-called new Democrat and, in- considered, recognizing that in addi- the American people whose opinions deed, I might add, as a New Englander, tion to the education and health care will influence what we do. I think, I believe in tax cuts. and open space agendas of the Nation, therefore, we have to think long and I have supported them in the past. I and the need for broad-based rate re- hard about what we do. will support them again this year. But ductions, there are two other issues I have looked at the proposal Presi- they have to be done in the context of Congress has addressed previously dent Bush is going to send us today. a balanced fiscal program. The Presi- where we are not succeeding that could And with all respect, I believe Presi- dent’s proposal absorbs most of the be impacted by the tax break. dent Bush’s tax proposal is a mistake projected surplus for tax cuts, a sur- First is our urban agenda. We have because it does not reflect the best plus which, I repeat, is just a projec- tried Empowerment Zones and HOPE American values of thrift and dis- tion, not a reality. It is as if someone VI grants and a variety of measures to cipline. I also believe President Bush’s told the average American or the aver- deal with our urban problems. Some tax proposal is ultimately fiscally irre- age American small business person: have succeeded. Indeed, I am proud of sponsible because it spends money in a We think you are probably going to many. But my sense is that our cities projected surplus we have no reason to make this much money in the next 10 are now at the point where private in- have absolute confidence we will have years, and then that individual Amer- vestment could largely follow these and, therefore, not only threatens to ican or that individual American small Federal initiatives in an urban renais- take America back down the drain to business person immediately goes out sance. If we could change, even margin- debt, to deficits, to higher interest and spends all that money. No one sen- ally, the profitability of urban invest- rates and higher unemployment but sibly would do that. We who have the ment, such as, in wide areas of Newark threatens to make impossible the kinds privilege and responsibility of leading and Jersey City—I recognize private of measured investments we need to this country should not allow the housing is beginning to be built, but make in our people’s future, including American Government to do that. what is a tentative beginning could be our national security, the education of A better framework, one truly reflec- an explosion of investment if we could our children, and the health care of all tive of our national values and prior- marginally change the tax status of Americans. ities, would be to divide the projected the developers. So I think it is time for us, on these surplus into parts: One part for deficit So I propose, for home ownership and tax-and-spending matters, to slow reduction, not only for deficit reduc- investment in our urban areas, we take down. If I might paraphrase a Simon tion but as a hedge against the possi- these areas of urban Empowerment and Garfunkel classic: It is time for us bility that the surplus projections do Zones and do an exclusion on capital to slow down and not move too fast be- not materialize; another part for

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.009 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1171 broad-based progressive tax cuts; and a me suggest three possibilities to do growth of our surplus. It would be fool- final part for targeted investments in this in a fiscally responsible way. ish to forget that as quickly as these our future: in our defense, in our na- First, let us remember that almost surpluses materialize, they can dis- tional security, in our education, and three-quarters of all working Ameri- appear. That is why we should follow a in our health care. cans actually pay more in payroll cautious approach to the surplus as- My own preference for that division taxes, have more taken out of their sumptions and projections and a bal- would be to put half of the projected paychecks in payroll taxes, than they anced approach to the policies that are surplus for debt reduction in a rainy pay in income taxes. Why not help based on those assumptions. day fund, one-quarter for tax cuts, and them by cutting that tax on work and The best way to keep America’s pros- one-quarter for targeted spending in- thereby adopt a payroll tax credit? For perity going is with a balanced pro- creases. Others would divide it in equal instance, working families could re- gram in which we distribute this sur- thirds. That is acceptable, certainly ceive an annual refundable income tax plus the American people have earned preferable to what the President is credit equal to a percentage of what to debt reduction, sensible broad-based sending us today. they pay in Social Security taxes, tax cuts, and targeted spending in- Our top priority must remain debt without affecting what they have increases. reduction. Let us not forget, as good as vested for retirement. That is the best way to secure Amer- the times are now, we still have a na- Another possibility that is being dis- ica’s future and improve the lives of tional debt of more than $3.1 trillion cussed is to use tax credits, or the the American people. I thank the Chair which, if we do not act responsibly, money available to establish what, in and yield the floor. will burden the future, not just of our effect, would be a national 401(k), by The PRESIDING OFFICER. The Nation but of our children and our matching private retirement savings Chair recognizes the Senator from Ar- grandchildren. and encouraging actually depositing kansas, Mr. HUTCHINSON. Our economy is slowing down—it is money for retirement beyond Social f still pretty healthy but slowing down— Security in special accounts for all THE PRESIDENT’S TAX CUT from the extraordinary rate of growth working Americans. That would allow PROPOSAL we have enjoyed for several years. Last people to keep more of their own week, it is important to note, the con- money while supplementing Social Se- Mr. HUTCHINSON. Mr. President, I sumer confidence index reported a 20- curity for their retirement. want to respond to my distinguished percent decline from a year ago, falling A third reasonable, balanced, broad- colleague on his always very insightful to its lowest level in 4 years. Obvi- based, progressive tax alternative is to observations regarding the President’s ously, many consumers are getting give every American taxpayer a refund, tax cut proposals. I want to strongly nervous about the economy’s slowing a flat dollar amount, as a dividend, to commend the President for coming out growth and what it portends for their reflect the growing budget surplus and with a well-conceived tax program that future and our future as a nation. the hard work that went into creating will provide broad-based tax relief for That presents us with a warning it. the American people; for every Amer- about how we should act with this sur- Each of these three possible pro- ican taxpayer will experience relief plus, but it also gives us an oppor- posals—and you can only adopt one of from the onerous burden placed upon tunity. Washington can quickly rally them in a fiscally responsible way— them by this Tax Code and tax burden consumer confidence, I think most im- would have a great impact on those we have. portantly, by continued debt reduction, who need tax relief the most. My distinguished colleague spoke of staying the course, because that means Incidentally, if we do it right, there the need for investment. Too often lower interest rates. That means lower will be some money left over for tax when we talk about not giving tax re- interest payments on cars, homes, stu- cuts for business, tax cuts to encourage lief because we have to ensure we have dent loans, and credit card debt. Lower investment and innovation, tax cuts enough resources to invest in the Fed- interest payments also mean greater that can help small businesses, particu- eral Government, what we are really purchasing power. larly, work their way into the new in- talking about is: Let’s make sure we In short, continuing to pay down the formation age, high-tech economy. don’t give it back to the American peo- debt and thereby keeping interest rates That might include another round of ple so we have it to spend as we see fit. low amounts to an indirect tax cut and capital gains tax cuts. So investment equates to big spending an economic stimulus now that will ac- Briefly, on the question of spending, programs. That would be ill-advised. tually put more money into the pock- because I think we have the oppor- If we do not enact broad-based tax re- ets of more Americans more quickly tunity to make some investments in a lief, as the President has proposed, I than anything else we can do. limited, restrained, and targeted way, can assure you that over the next 10 Let me talk about the opportunity none is more important than edu- years the projected surplus will not go for tax cuts, which we have if we do cation. President Bush has made a very to debt reduction, as everybody would this responsibly and right. The Amer- thoughtful proposal on education re- like to see, but it will, in fact, be spent ican people have earned a tax cut. In form which is not tremendously unlike by a Congress that enjoys spending all fact, as good as the economy has been proposals that many of us have made. too much. in recent years, there are millions and We can talk about good ideas for edu- When Senator LIEBERMAN speaks millions of Americans who need a tax cation reform, but unless we have some about a cautious approach, I agree. cut to make the way for themselves money left over to actually invest in What the President has done and pro- and their families. The question we the education of our children, those posed is cautious and prudent. He has have to ask ourselves is, What is the ideas won’t matter. The same is true of proposed that we spend one-fourth of most constructive and fair way to re- our national defense. Last year, then- the projected surplus by returning to turn part of the surplus to those who Governor Bush quite often said that the American people tax relief. One helped create it? After all, the surplus our military was strapped, it was be- quarter of every dollar out of the pro- comes from the revenues that people coming weak, and that help was on the jected surplus would be returned to the pay our Government. The revenues way. He has now said more recently to American people who pay the bills. that people pay our Government have the military: Don’t expect an increase As my friend Senator ENZI has often gone up because the economy has im- this year. said, the surplus is a tax overcharge, proved. The economy has improved be- But more to the point, if we spend as and at least a quarter of it ought to go cause of the investment and innovation much on his tax proposal, there is no back to the American people. and hard work of the American people. way we will have the money we need to EDUCATION SAVINGS ACCOUNTS The answer here is to construct and invest in strengthening our military Mr. HUTCHINSON. Mr. President, I adopt a broad-based, progressive tax and keeping our Nation secure over the rise today to speak to a part of the cut, one that is directed at the middle next decade. President’s tax program and part of his class, which is, after all, the backbone The bottom line is this: Fiscal dis- education program, which is the edu- of our society and our economy. Let cipline has played a critical role in the cation savings accounts. My colleague,

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.012 pfrm02 PsN: S08PT1 S1172 CONGRESSIONAL RECORD — SENATE February 8, 2001 Senator TORRICELLI, spoke on this ear- ficiaries of these Coverdell accounts. private schools, parochial schools, all lier today. I join him and am pleased to They are going to benefit because those kinds of options. They can afford tu- cosponsor the education savings ac- who are hired to do tutoring, those who tors. It is the low- and middle-income counts legislation with him. I am hon- will provide additional help for chil- families who heretofore have not had ored to take up this cause from its pre- dren who need that special time are those options, but with education sav- vious Republican sponsor, the Senator going to be the public school teachers ings accounts they can look at these from Georgia, Paul Coverdell, and it is who are going to see their incomes and options. in his honor and memory that this leg- limited salaries oftentimes supple- Public schools, private schools, and islation is named. mented by these education savings ac- parochial schools are all enhanced by Senator Coverdell was an ardent sup- counts. that competitive atmosphere. This leg- porter of education savings accounts. In addition, this legislation would ex- islation leaves public money in public He worked for years to ensure that pand who can contribute to the edu- schools. Only private resources could families and children across America cation savings accounts so that cor- ever be used for tuition in a private had the best educational opportunities porations, charitable organizations, school. available to them. I, with all of my col- foundations, and labor unions can con- We are going to have a healthy de- leagues, am sad that Senator Coverdell tribute to these education savings ac- bate about the ‘‘V’’ word—vouchers— is no longer here to continue his exem- counts in the name of a particular this year, and I commend the President plary work on this issue. He believed child. So I can certainly envision for his portability provision on title I education was one of the five pillars of major employers deciding this would so disadvantaged children don’t have to freedom. Not only did he work tire- be an ideal benefit to employees and remain in a failing school, trapped in a lessly on this issue, but he coordinated their children by establishing these school not meeting their needs, and the floor debate on the Elementary and education savings accounts, making parents will be able to take a portion Secondary Education Act last May. He contributions to them. I certainly can of Federal money out of title I and was dedicated to the issue of education imagine labor unions being supportive move to another school. We are going and its importance in shaping the fu- of this and seeing this as a wonderful to have a heated debate on that. There ture of our country. While this legislation was passed sev- benefit for their members and ensuring are Republicans for and against it, and eral times by the Senate under the that their members are going to have some Democrats are for and against it. leadership of Senator Coverdell, I will the resources necessary for their chil- This is something Republicans and Democrats, provoucher and work with Senator TORRICELLI to en- dren’s education and for their employ- sure that his dream of expanded, broad- ees to have all of the options available antivoucher forces, can agree upon beer education savings accounts is not as they look at what is best for their cause it is only private money that only passed this year but is signed into children. would be utilized in going to other pub- law. So this proposal will inject billions of lic schools, and only public money This legislation, which we call the new dollars into education that would would go to the public schools. Instead Coverdell Education Savings Accounts not have been spent previously. I think of creating a new Federal education Act of 2001, allows parents, grand- it is a wonderful opportunity for com- program, should we not allow parents parents, or other scholarship sponsors panies and unions to offer education to realize a maximum return on their to establish an education savings ac- savings accounts as benefits for their savings by allowing for these accounts? count to save for a child’s education employees—a benefit particularly help- It is estimated that education sav- expenses. The Taxpayer Relief Act of ful to low- and middle-income families ings accounts will infuse more than $12 1997 allowed families to establish indi- who otherwise could not save much. billion of additional funding into edu- vidual education accounts for higher According to a previous analysis by cation. That far outweighs the cost of education expenses, but it allowed con- the Joint Committee on Taxation, 70 the bill. What better way to stress the tributions of only $500 per year. That is percent of the families expected to importance of education than by allow- simply not enough. This legislation take advantage of this legislation have ing parents the opportunity to make would build on that legislation by in- incomes of $75,000 or less. These ac- their dollars count. creasing the annual limit on contribu- counts are only available to taxpayers I look forward to working on this bill tions from the $500 to $2,000 per child making less than $95,000 or $190,000 with the original cosponsors—Senators per year. Furthermore, and equally as jointly. The Joint Committee on Tax- GREGG, FRIST, ENZI, SESSIONS, THOMP- significant, it expands the account so ation also estimated that 75 percent of SON, HAGEL, BROWNBACK, SANTORUM, that savings may be used for elemen- all families using these accounts will and BREAUX—as well as the chief co- tary and secondary education expenses, have children enrolled in public ele- sponsor, Senator TORRICELLI of New including tutoring, special needs serv- mentary or secondary schools. That Jersey, who has fought this fight and ices, books, home computers, and tui- means public schools aren’t the losers; who has been on the floor with Senator tion. they are the winners under education Coverdell in past years and has taken a Education savings accounts place the savings accounts. courageous step for something that in power of education in the hands of The injection of billions of dollars, 75 the time since it began was controver- those who should be in control, and percent of which is going to be bene- sial. I commend him and look forward that is the parents. These accounts fiting families with children in public to working with him as we move this allow parents to invest their own schools, is a tremendous boon to public legislation forward. money over time to plan for their chil- education. So education savings ac- Parents deserve this chance of em- dren’s future. Parents would have a counts benefit low- and middle-income powerment to provide a better edu- real incentive to save for their chil- families who currently struggle to cation for their children. dren’s education expenses, and as these meet the education needs of their chil- I thank the Chair. I yield the floor. accounts grow and accumulate inter- dren, and they benefit families not The PRESIDING OFFICER. The est, they build compound interest so only of lower income but those who are Chair recognizes the Senator from Mis- parents can have significant resources enrolled in public schools. souri, Mr. BOND. to pay for many of the services associ- One of the arguments against these Mr. BOND. Thank you very much, ated with educating their child. savings accounts is that you are going Mr. President. I rise today to discuss My colleagues, even public education to take the cream of the crop out of some of the benefits of the tax plan is no longer free. Parents often have to the public schools because in their edu- that President Bush has sent to Con- pay for tutoring, for afterschool pro- cation savings accounts, they can save gress. I believe everybody is beginning grams, for uniforms in many schools, the resources for private school tui- to understand the significant benefit home computers and software, and tion. Yes, they could, but the fact is, families would receive under this tax they pay that out of their own pockets. this legislation is really targeting low- reduction plan. These accounts can help pay for that. and middle-income families, those who A family of four living in my State— May I say, as an aside, public school otherwise don’t even have those St. Louis, Kansas City, Sedalia, teachers are going to be big bene- choices. An affluent family can look at Moberly, Maryville, or Kennett—if

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.014 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1173 they earn $35,000, would have all their The rate reduction proposed by the much money out of the new dollars taxes eliminated, a 100-percent tax cut. President will cut the taxes paid by coming into a business, for example, That has to be good news. farmers, retail shop owners, small busi- you discourage investment. From the A family of four making $50,000 a nesses, startup businesses that are economist’s standpoint, the best thing year would receive a 50-percent tax formed as sole proprietorship, partner- we can do is reduce those high mar- cut—at least $1,600. That could be a ships, and S corporations. What are ginal rates so that small businesses downpayment on a new van or a car or they going to do with it? will have the incentive to put more buy several weeks of summer camp for We have seen in the past when they money into technology and into equip- the kids or several weeks of groceries. have the taxes reduced—and we are re- ment. President Bush’s plan doubles the ducing the taxes because we have a tax We have had a phenomenal growth in child tax credit to $1,000, bringing it surplus; we are taxing them too much; productivity. Because there has been more in line with the actual cost of too much money is being taken out of investment in new technology, infor- raising a kid. It is a news flash for families’ pockets and out of businesses’ mation technology, the information those of us inside the beltway. Kids are pockets—they will use those dollars age has revolutionized the way busi- expensive. Those of us who have kids left in their pockets to invest in new nesses work. Businesses are able to be know they are life’s greatest blessing, equipment, in new technologies, hire more productive. What does that but they do not come cheap. more workers, and pay better wages. mean? It doesn’t just mean the busi- I commend the President for recog- They will be able to expand the product nesses are more profitable. It means nizing this. lines and the services they offer. Most you and I as consumers get better prod- I believe it is also very important importantly, they will contribute to ucts at lower prices. It means they can that President Bush’s plan expands the the economic growth of their home- hire more workers. It means they can charitable tax deduction. We ought to towns. pay workers better salaries. be encouraging more people to con- Week before last, we had a fas- These are the benefits that come tribute to the Salvation Army, Red cinating discussion with Chairman about from a marginal tax rate reduc- Cross, Catholic Charities, or any of the Alan Greenspan of the Federal Reserve. tion. myriad wonderful private agencies that Chairman Greenspan, many people be- In addition, the President calls for are doing very important work helping lieve, has been one of the real eco- repealing the death tax. those who need help. This will be a tremendous benefit to nomic gurus whose good economic poli- I want to speak today specifically small business. I have a lot of farmers cies have allowed this economy to about the impact these tax reductions in my State who are very worried that grow. He has talked in the past about would have on small business. when they die the Federal Government the need to reduce the huge national As chairman of the Senate Com- is going to come in with a confiscatory mittee on Small Business, I hear from debt run up over past years. Federal death tax and take away the But do you know something. This small businesses every day that are the farm, take away the small business time Chairman Greenspan said it is dynamic engine growing this economy. that has been built up over the years time for a tax reduction. Why? Because These are the businesses that create that the business owner or the farmer we are running surpluses. There is a the new jobs. As larger and larger busi- would like to leave to his or her chil- nesses cut back and lay off employees, projected $5.6 trillion surplus over the dren. they are finding jobs. They are finding next 10 years. That means we would Repealing the death tax will make a good opportunities in small business. pay off all the debt we could pay off. significant difference in assuring that Small businesses represent about 99 Then the Federal Government would be we continue jobs and economic activ- percent of all employers. They employ left in the position of what to do with ity. Thousands of small businesses in 53 percent of the private workforce and the extra money after they pay down this country waste millions of dollars create about 75 percent of the new jobs the debt. each year on estate planning and insur- in this country. As you are looking to One of the most dangerous things he ance costs just to keep the doors open see where jobs can be provided to those said they could do would be to have the if the owners die. who are coming off welfare and those Federal Government accumulating pri- A good friend of mine farms along entering the workforce for the first vate assets. That is ‘‘economic speak’’ the Missouri River in western Missouri. time, small businesses are the ones giv- for buying up businesses, buying up When his father died they paid almost ing them the opportunities. shares of the stock market, or getting $100,000 in accounting and legal fees to Under the Bush tax plan, small busi- the Federal Government into social- figure out how they could keep his nesses will get a huge benefit from col- izing the economy. We don’t need to go farms from being broken up. Death lapsing the tax brackets from 5 to 4— that direction. We don’t need to have ought not be a taxable event. It is bad giving marginal rate reductions. This the Federal Government as the major enough to have the undertaker arrive is extremely important for these small shareholder in our economy. at your door. You don’t want to have businesses. Why? You may think busi- Reducing high tax rates now is the the tax man arrive at the same time. nesses and individuals are different. best way to make sure we don’t put the The money we pay to accountants, to But according to IRS statistics on in- Federal Government into the business lawyers, and to insurance companies to come—most recent data available— of buying up businesses. That is very try to get around this estate tax could about 20.7 million tax returns filed by dangerous. That is not where we want be much more productively employed small businesses were sole proprietor- to go. in investing in new equipment, in pro- ships, partnerships, and S corporations In addition, I asked Chairman Green- viding new jobs and better wages. with business assets less than $1 mil- span about what nature of tax cut Many times the tax at death ends a lion. Those are significant numbers of would most benefit the economy. He small business; it has to be sold. It is a small businesses that are taxed on the said as an economist that clearly the job killer. I think the days of the death individual tax rates. The income of the most important thing we can do is tax should be numbered, not the days business is passed through, and it is ap- lower the marginal rates. of the business owned by an older busi- plied to their tax returns. With tax reform in the 1980s, we got ness owner or farmer who is reaching On the other hand, there are about the top rate down to about 80 percent. the end. 23⁄4 million corporations, or regular C Most people think if the Federal Gov- It should come as no surprise if the corporations, that are taxed under the ernment is taking over a quarter of economy slows, as clearly it is, small business rates. Almost 10 times as every dollar earned, that is as much as businesses will be first to feel the pain. many businesses, much smaller, of it should take. But right now we have Capital dries up, sales will fall, and course, are taxed on individual tax re- the rates on the books of 39.6 percent. possibly business productivity will di- turns. Eighty-eight percent of the busi- But with all the phaseouts and others, minish. As we focus on the need for im- nesses with receipts under $1 million sometimes that tax rate is 44 percent— mediate tax relief and the merits of it are passthrough entities—businesses almost half of every dollar. in the Bush tax plan, we cannot ignore taxed only at the individual owner When you take that much money out the plight of America’s small enter- level. of the system, and when you take that prises in the growing economy.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.017 pfrm02 PsN: S08PT1 S1174 CONGRESSIONAL RECORD — SENATE February 8, 2001 Taxes are not supposed to be counter- Reagan administration. So I don’t tax. Death neither confers a benefit nor cyclical. This is a long-term invest- think one could say that this tax cut is results in a punitive, confiscatory ment in the productivity of our coun- too large, when all economists agree state. Small estates would be unaf- try. When we cut the capital gains rate that the tax cuts of the Kennedy and fected by the basic changes we are in the last decade, the money made Reagan eras were the primary cause of making. For them, the estate tax available from the tax reductions the great economic growths that oc- would be eliminated and a limited step- helped spur the investments in produc- curred during those periods of time. up in basis would be preserved. Each tivity that kept our economy growing. Moreover, for those who contend that person under our proposal has a $2.8 Incidentally, that increased activity we don’t have enough money to accom- million automatic step-up in basis. So actually brought more revenue to the modate this tax, I say, first of all, that for a couple, there is no chance that an Federal Government. is very much the wrong standard to estate that is not taxed under the es- I think the Bush plan, in addition to apply. This is not a Government ex- tate tax today would be taxed under holding tremendous benefits for fami- penditure. This has to do with taking our proposal. lies, for individuals struggling to make money from American workers. Recall This measure would not allow unreal- ends meet, will have a tremendous ben- that during the Reagan era we had ized appreciation on inherited assets, efit for small business. The rate cut, huge Federal debt and very large an- however. I know that is a concern for the estate tax repeal, and the other nual deficits, yet we reduced taxes. As some of our friends on the other side. features of the President’s proposal I said, this tax cut being proposed by Beyond this limited step-up in basis, will directly help the hard-working President Bush is only a third the size all assets would be taxed as in any women and men who dedicate their of those Reagan tax cuts. other situation if and when they are lives to creating small businesses, to The goal, first of all, should be to re- ever sold. Friends who own small busi- taking the risks in the marketplace lieve the burden on American tax- nesses who never want to sell the small that will allow this country to be payers, enabling them to contribute to business or farm, that is fine. You healthier, and to allow themselves, the great economic engine of this coun- never pay a tax. The tax only pertains their families, and their workers to be try. We do not need to be worried about if and when the business is sold. This is a very fair proposal. In fact, productive, contributing members of how much money is going to be left the American people, even though most the economy. over for this Congress to spend. Every- When small businesses win, we all one here knows that if we leave it on of them realize they are not liable for win. I think President Bush’s tax plan the table in the Congress, it will get an estate tax, understand the fairness is one of the best hopes we have for en- spent. That is why we believe there is of this and support it. A Gallup poll not too long ago found suring that our economy continues to another reason to support this tax cut, that 60 percent of the American people grow. not just to improve the economy and support repeal of the death tax, even I yield the floor. help American families but so the though about three-fourths of them do The PRESIDING OFFICER (Mr. money will not be spent by the Con- not think they will ever have to pay THOMAS). The Senator from Arizona, gress inappropriately. the death tax themselves. They are Mr. KYL. Surpluses are proof of the fact that right, although many Americans have Mr. KYL. Mr. President, first, I com- taxpayers are being overcharged. They to go through the expense of paying for mend the Senator from Missouri for a deserve some of their money back. The fine statement. I certainly associate insurance or estate planning. fact that the economy is weakening at As a matter of fact, about 3 years myself with those comments. In par- this point simply makes the point that ago, coincidentally, the Government ticular, his reference to the effective this tax cut and the case for this tax collected about the same amount in es- tax cuts on the small businesses in our cut is undeniable. tate tax—I think it was around $23 bil- country, something he has worked on I will focus my remaining comments lion—that other Americans paid to literally all of his career. I appreciate on one specific feature of the Presi- avoid paying the estate tax. So it is ac- very much his emphasis on that. dent’s proposal; that is, the repeal of tually a double tax. A lot of people who The President, of course, sends us his the estate tax, the so-called death tax. do not actually pay it end up paying as bill today. The essential feature, as the Yesterday, I introduced legislation much through the estate tax lawyers’ Senator from Missouri said, is the re- similar to that introduced last year. fees, accountants’ fees, insurance, and duction in marginal rates. Reducing Senators BREAUX, GRAMM, and LINCOLN so on. So I think most American people the marginal rates is the best thing we are cosponsors. We all serve on the Fi- understand it is not a good tax to have, can do for all taxpayers, as well as for nance Committee. It is balanced be- even though they themselves may not strengthening the economy itself. tween Democrats and Republicans. be liable for it. I note that the low- and middle-class This is the bipartisan approach that Also this last year, in the last elec- taxpayers are the biggest winners passed both the House and the Senate tion, voters in two States approved under this plan. For example, a family last year, only to be vetoed by Presi- referenda to repeal their own estate of four making $50,000 a year would re- dent Clinton. tax: South Dakota, by a vote of 79–21, ceive a 50-percent cut, a $1,600 reduc- The essence of the bill is to replace and Montana, 68 to 32 percent. Clearly, tion average on their tax bill. If that is the Federal estate tax with a tax on repeal of this confiscatory tax is an not considered important by people, capital gains earned from inherited as- idea whose time has come, both in the just think about how much that would sets due when those assets are sold. As State and at the Federal level. do for the average family. It pays the I said, this is the approach that passed I conclude by reiterating the signifi- entire average home mortgage for that both Houses of Congress, and it rests cant majorities in the House and Sen- family of four, a year of tuition at a lot on the notion that death should be ate who voted for repeal last year of community colleges, and so on. taken entirely out of the equation. means we have finally found the for- The size of the cut is also modest by Death should not be a taxable event. mula for taxing inherited assets in a any standard. I know some of our col- If people want to sell assets at some fair and commonsense way. I hope, as leagues on the left have said it is too point, they make an economic calcula- this process unfolds and the tax legisla- big. Frankly, it is not nearly enough, tion knowing, among other things, tion comes before the Senate and the in my view. I subscribe to the view of what kind of tax would pertain. They House, our colleagues will recognize those in the House of Representatives can make that decision on their own. the validity of this approach, the fair- yesterday who said it could be much That is the only time there should be ness, the place in which the death tax larger, and it should be larger. I sup- any kind of a tax. At that point, it repeal fits into the overall tax pro- port at least this modest effort and should be a capital gains tax, not a tax gram, and that we can pass tax relief urge my colleagues who say it is too that is more than twice the capital for hard-working American families. much to recognize that it is only half gains rate, which is what the death tax It is the most sure way not only to do the size of the tax cuts of the John F. is. right by them but to ensure a strong Kennedy administration and one-third As I said, the beauty of this approach economy for the United States of the size of the tax cuts of the Ronald is it removes death as a trigger for a America.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.019 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1175 The PRESIDING OFFICER. The Sen- As the Federal Government, I think ought to be returning to the taxpayers. ator from Virginia. we ought to look at it the same way a In fact, when you compare this pro- Mr. ALLEN. Mr. President, I rise to business would. Certainly a business posal to previous major tax cuts, his- state that Americans need tax relief would not be raiding, at times of sur- tory shows we can dedicate even 50 per- and I believe they need it now. Despite plus—or at any time for that matter— cent of the current non-Social Security record economic growth for the last pension funds or retirement funds. surplus to tax relief measures and still several years, and huge budgeted sur- That is why I think as a Government barely make a blip on the radar screen pluses in the last few years and in the we need to protect Social Security. Put of our national economy. future, I think these surpluses simply Social Security in a lockbox. Hope- For example, in 1963 President Ken- represent overtaxation of the American fully, with this spirit of bipartisanship, nedy’s tax cut reduced tax collections taxpayers. Americans, in recent years, that will change and we can pass legis- by 12 percent. That is this chart here, have been repeatedly denied tax relief lation necessary to protect Social Se- the Kennedy administration; it was 12.6 despite these surpluses because there curity so future retirement funds are percent. were not enough Senators to override not raided for more Government spend- The Reagan administration 1981 tax the President’s veto—the previous ing. cut reduced tax collections by 18.7 per- President’s veto. The advantage of the Social Security cent—nearly 19 percent. Excessive taxation limits the indi- lockbox is not only protection of re- The tax collections proposed by the vidual freedom of hard-working Ameri- tirement funds; it also helps pay down Bush administration would return just cans, their families, and their enter- the national debt. Implementing the over one-half of the excess tax collec- prises. I agree very much with the pre- Social Security lockbox and allowing tions to American taxpayers, and the vious remarks made by the Senator those surpluses to be used only for ad- tax collections would be reduced by 6.2 from Arizona, Mr. KYL, and the Sen- dressing the long-term solvency of So- percent—much less than the Kennedy ator from Missouri, Mr. BOND. cial Security helps us reduce the na- and much less than the Reagan admin- The fact is, Americans are paying istrations. In fact, according to the Na- more in taxes as a proportion of the tional debt, and we can effectively eliminate the publicly held debt in the tional Taxpayers’ Union, as part of our gross domestic product than at any gross domestic product, when you com- time since World War II. In fact, for next 10 years with that fiscal discipline. pare the Kennedy tax cut, it was 2 per- this fiscal year, the Federal Govern- cent of the gross domestic product—the ment will pull out $1 of every $5 in the Then I believe we need to look at the non-Social Security surpluses and, Bush proposal of taxes being reduced economy—20 percent of the economy is by $1.6 trillion is a mere 1.2 percent of being taken by the Federal Govern- again, handle it the same way a well- run business would. What would a well- the gross domestic product. ment, even though there is a non-So- You might recall the great growth in cial Security budget surplus in this run business do with the nonretirement surpluses? They would address prior- our economy in the 1960s was occa- year that is going to top $125 billion, sioned by the tax cuts of the Kennedy and it is going to exceed $3.1 trillion ities, research and development, workforce training, maybe investment in administration. So this is merely one- over the next decade. half of the revenue impact of the Ken- ideas to be more competitive, or in- I believe we must assure that Ameri- nedy tax cut. crease their market share. In the Fed- cans can keep more of their hard- I say to my colleagues in the Senate, earned dollars in their pockets. Pre- eral Government, even after we save if we cannot cut taxes in the times of viously, the Senator from Connecticut and protect the Social Security sur- these surpluses, when will we be able to paraphrased a song to slow down tax pluses and pay down the national debt, give tax relief and reduce the tax bur- cuts in this surplus. I think there is a the Federal Government still will be den on the people of America? more apt country western song to ref- collecting $3.1 trillion more in taxes This is the time to make the Federal erence this gold mine surplus that is than is needed at the current levels of Tax Code more fair and less burden- created by the work of the taxpayers. spending, on top of the current level of some. This is the time to get rid of this What has been suggested by the oppo- spending inflationary increases. So it illogical marriage penalty tax which nents is that the Government gets the is $3.1 trillion. That is over $10,000 of imposes a penalty on men and women gold mines and the taxpayers get the excess taxation of every man, woman, just because they are married. This is shaft. and child in this country. the time to eliminate the death tax I think the taxpayers deserve better. There are legitimate national respon- which is a very unfair tax, especially It is simply common sense that, rather sibilities we need to address and in on family farms and small businesses. than continuing down the path of ex- which we need to invest. We must pro- This is the time to make sure that in- cessive Government spending in Wash- vide that out of this $3.1 trillion sur- dividuals and small business owners ington, Americans ought to be allowed plus. There are new investments we get 100-percent tax deductibility for more money to invest in their prior- need to consider in education. We must health insurance. And there are many ities for their families, for their homes: also act quickly, making sure we are other things we can do. This is the saving for retirement or the purchase improving the preparedness of our na- time to act for the people of America. of a computer for their children. It is tional defense and our Armed Forces. I hope my Senate colleagues will common sense—trusting families, We need to invest in new technological seize this opportunity to exercise fiscal trusting people. They know better than and scientific research. We need to discipline and restraint and realize the Federal Government about what shore up the Medicare system, as well that the owners of this country de- they need and how to make their earn- as investing in our national transpor- serves tax relief, and they deserve it ings work for themselves, their fami- tation infrastructure. now. lies, and their enterprises. But once we take care of these pri- I thank the Chair. I yield back the Overall, for the economic success and ority responsibilities in education, na- remainder of my time. jobs in America, I believe the Federal tional defense, scientific research, and The PRESIDING OFFICER (Mr. AL- Reserve needs to rapidly reduce inter- combating illegal drug trade, we should LARD). The majority leader is recog- est rates much more, and soon; we again operate as a business. Then what nized. must pass tax relief soon to help bol- would a business do after you take care Mr. LOTT. I thank the Chair. ster consumer confidence. When you of priorities? They would declare a div- Mr. President, I want to acknowledge look at these surpluses, I believe they idend. That is what I think we ought to the very fine statement made by the ought to be handled the same way a do is declare a dividend for the share- junior Senator from Virginia, certainly well-managed business would handle holders, the owners of this Government a very experienced leader, having surpluses. A business would first put who are the taxpayers of America. served in the House of Representatives funds into retirement or pension funds. Surely, out of the $3.1 trillion sur- and having been Governor of the Com- Then they would look at their prior- plus, I do not think the $1.6 trillion the monwealth of Virginia, and already a ities as a company and invest in them. Bush administration is proposing is an very active participant in what is hap- And then they would look for a divi- excessive amount to return to our tax- pening in the Senate and in our Gov- dend to the shareholders. payers. It is a minimal amount we ernment.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.022 pfrm02 PsN: S08PT1 S1176 CONGRESSIONAL RECORD — SENATE February 8, 2001 I had a feeling he would probably be high school students who participate in Mr. President, I yield the floor and I suggesting tax relief is a good idea. the program. suggest the absence of a quorum. Virginia has a strong opinion on that She was a driving force in the open- The PRESIDING OFFICER. The going back just a few years. I thank ing of Webster Hall, the building that clerk will call the roll. him very much for his statement. functions both as a dormitory and as a The assistant legislative clerk pro- f site for the Senate page school. ceeded to call the roll. I was pleased to appoint Loretta as Mr. MCCAIN. Mr. President, I ask CONCLUSION OF MORNING Deputy Sergeant at Arms in 1996, the unanimous consent that the order for BUSINESS post she will serve until Friday. In that the quorum call be rescinded. The PRESIDING OFFICER. Morning role, she has done a magnificent job. In The PRESIDING OFFICER. Without business is closed. fact, I was not sure I could give these objection, it is so ordered. Under the previous order, the major- remarks this morning because I still f ity leader is recognized. would like to ask her to change her PIPELINE SAFETY IMPROVEMENT mind: don’t do this; at least stay until f ACT OF 2001 we complete the new extension on the TRIBUTE TO LORETTA F. SYMMS east front of the Capitol. It wouldn’t be The PRESIDING OFFICER. Under Mr. LOTT. Mr. President, I rise today but another 2 or 3 years perhaps. Steve the previous order, the Senate will now to pay tribute to the outstanding ac- would understand. I have made that proceed to the consideration of S. 235, complishments of Loretta Fuller plea to no avail. I guess, come Friday, which the clerk will report. Symms. There she is, looking quite she will be moving on to a different and The legislative clerk read as follows: natural in the front of this Chamber. exciting life, I am sure. A bill (S. 235) to provide for enhanced safe- This week, she will be retiring after She has demonstrated an unmatched ty, public awareness, and environmental pro- over 20 years of congressional service. dedication to the institution of the tection in pipeline transportation, and for Has it been that long? For 14 of those Senate and its traditions. She under- other purposes. years, she has served in the Senate. stands them. She helps them and pro- The PRESIDING OFFICER. The Sen- I first met Loretta 20 years ago when tects them. She contributed in large ator from Arizona is recognized. I was a Member of the House of Rep- part to the restoration of the Senate Mr. MCCAIN. Mr. President, I am resentatives and she was working in Chamber in its current majesty, an pleased the Senate is now considering the office of then-Congressman Steve area I have felt strongly about, but she S. 235, the Pipeline Safety Improve- Symms of Idaho. She would tell you— made sure we paid attention to history ment Act of 2001. I am joined in spon- Steve and I were first elected in 1972 and that it was done with good taste. soring this important transportation and came 1973—Steve and I have a com- The Chamber looks better today than safety legislation by Senators MURRAY, mon bond philosophically but also fra- it did 5 years ago. HOLLINGS, HUTCHISON, BINGAMAN, ternally in that we were close friends, Loretta has ably handled the huge DOMENICI, BREAUX, BROWNBACK, SMITH, and that is where I first met Loretta. and demanding responsibility of over- and LANDRIEU. I especially express my She moved to the Washington area seeing the daily operations of the Ser- appreciation to Senator MURRAY, as from Coeur d’Alene, ID, a beautiful geant at Arms organization and its 750 well as former Senator Gorton, for the area. What a sacrifice to move from employees. I know our Sergeant at hundreds of hours they put into this Coeur d’Alene, ID, to come to Wash- Arms, Jim Ziglar, has been worried legislation. ington. Thank goodness she did, and we about this Friday and this day and how This bill is the product of many have all been much better off because she would ever be replaced. A good months of hearings and bipartisan of her outstanding congressional ca- choice has been made as a successor, compromise and cooperation during reer. but still I do not think we could ever the last Congress. It is designed to pro- In 1987, the very wise Senator Bob truly replace Loretta and the job she mote both public and environmental Dole, my predecessor as Republican has done. safety by reauthorizing and strength- leader, chose Loretta to be the Repub- In her duties as a representative of ening our Federal pipeline safety pro- lican representative in the Sergeant at the Senate, Loretta has assisted Presi- grams which expired last September. Arms Office. Over the next 9 years, she dents, Vice Presidents, and foreign As most of my colleagues well know, filled a number of roles within that or- heads of state as they made official vis- the Senate worked long and hard dur- ganization. It was during that time its here. She has led the Senate as we ing the last Congress on how best to that I was first elected to the Senate, walked through the Capitol Building improve pipeline safety. After several and Loretta was very helpful to me and over to the House side for joint ses- months of hearings, and countless my staff in opening my offices here in sions. I always thought we got more meetings, the Senate finally achieved a Washington and in Mississippi. than our due share of notice, probably bipartisan consensus on comprehensive I remember she had a post, more or because Loretta was leading the pack. pipeline safety improvement legisla- less, in the back of the Chamber, and I We will surely notice her absence tion. We unanimously approved that quite often would stop by to ask her next week and for a long time to come, legislation last September 7. I want to what in the world was happening be- but I know Loretta is happy to ex- point out, by a voice vote, this legisla- cause the rules here are quite different change foreign dignitaries’ visits for tion was passed just last September 7. from what I had been used to in the more visits with her 10 grandchildren. Unfortunately, the House failed to ap- House. Of course, I was concerned It is hard to believe she has 10, and prove a pipeline safety measure so we about a number of things that I found here I am working only on my second were never able to get to conference or difficult to manage and to deal with one. send a measure to the President. Our over here, but she was very helpful. We are sad when one of our Senate collective inaction was a black mark She has always brought professional family leaves us, but at the same time, on the 106th Congress. business practices to the Senate oper- we could not be happier for her. I know Because the Congress as a whole did ations. As director of Capitol facilities, her husband, Steve Symms, is going to not act, the unacceptable status quo she restructured the department estab- be happier, too. under which a total of 38 fatalities oc- lishing career ladders, formalizing job As Loretta moves on to new chal- curred during just the last year re- descriptions, instituting reading pro- lenges, I say thank you on the Senate’s mains the law of the land. If we con- grams, and starting computer classes behalf and on my own behalf. The sider the pipeline-related deaths during and other training programs for our words are inadequate to express our ap- the last Congress, that number in- employees. preciation for the kind of person you creases to 64 total fatalities. Again, Working with the Secretary of the are and the job you have done. We all there have been 64 recent deaths, yet Senate, she contributed to the manage- wish you the very best in your next ca- we have done nothing concrete to im- ment and oversight of the Senate page reer as grandmother and as keeper of prove the law governing pipeline safe- program, serving as adviser, mentor, Steve Symms, which will be a chal- ty. Timely action not only by the Sen- and sometime surrogate parent to the lenge. We all appreciate you. ate, but also the House, is needed to

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.024 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1177 address identified safety problems be- tion of the pipeline safety program is, management plans on risk assessments fore any more lives are lost. This is a quite simply, critical to public safety. that they conduct; periodically assess call for action by both Chambers. The legislation before us today will the integrity of their pipelines; and, I commend and thank the Senate strengthen and improve pipeline safe- take steps to prevent and mitigate un- leadership on both sides for recognizing ty. S. 235 will authorize additional intended releases, such as improving the critical need for passage of this leg- funding for safety enforcement and re- leal detection capabilities or installing islation and scheduling this floor ac- search and development efforts. It will restrictive flow devices. tion so quickly. This early attention provide for increased State oversight It also would require pipeline opera- by the Senate demonstrates our firm authority and facilitate greater public tors to carry out a continuing public commitment to improving pipeline information sharing at the local com- education program that would include safety. I remain hopeful that the new munity level. It raises civil penalties, activities to advise municipalities, Congress as a whole will act quickly to provides whistle-blower protections for school districts, businesses, and resi- take the necessary action to improve employees, and provides for many dents of pipeline facility locations on a pipeline safety before we receive another safety improvements. In short, it variety of pipeline safety-related mat- other call to action by yet another will promote both public and environ- ters. It would also direct pipeline oper- tragic accident. mental safety. ators to initiate and maintain commu- Before I discuss the specific provi- Let me describe the major provisions nication with State emergency re- sions of the legislation, I would like to of the bill: sponse commissions and local emer- discuss the safety record for pipeline First, the bill would require the im- gency planning committees and to transportation. According to the De- plementation of pipeline safety rec- share with these entities information partment of Transportation, pipeline ommendations issued last March by critical to addressing pipeline safety related incidents dropped nearly 80 per- the Department of Transportation’s In- issues, including information on the cent between 1975 and 1998, and the loss spector General to the Research and types of product transported and ef- of product due to accident ruptures has Special Programs Administration. The forts by the operator to mitigate safety been cut in half. From 1989 through IG found several glaring safety gaps at risks. 1998, pipeline accidents resulted in OPS and it is incumbent upon us all to The legislation directs the Secretary about 22 fatalities per year—far fewer do all we can to insure that the Depart- to develop and implement a com- than the number of fatal accidents ex- ment affirmatively acts on these crit- prehensive plan for the collection and perienced among other modes. While ical problems. use of pipeline data in a manner that the fatality rate has been generally The legislation would also require would enable incident trend analysis low, it has taken a turn in the wrong the Secretary of Transportation, the and evaluations of operator perform- direction during the past 2 years—with RSPA Administrator and the Director ance. Operators would be required to 26 fatalities in 1999 and 38 fatalities in of the Office of Pipeline Safety to re- report incident releases greater than the year 2000. I must also point out spond to all NTSB pipeline safety rec- five gallons, compared to the current that according to the General Account- ommendations within 90 days of re- reporting requirement of 50 barrels. In ing Office, the total number of major ceipt. The Department’s responsiveness addition, the Secretary would be di- pipeline accidents—those resulting in a to NTSB pipeline safety recommenda- rected to establish a national deposi- fatality, and injury or property damage tions for years has been poor at best. tory of data to be administered by the of $50,000 or more—increased by about 4 While current law requires the Sec- Bureau of Transportation Statistics in percent annually between 1989 and 1998. retary to respond to the NTSB no later cooperation with RSPA. The leading cause of pipeline failures than 90 days after receiving a safety In recognition of the critical impor- is outside force damage, usually from recommendation, there are no similar tance of technology applications in excavation by third parties. Other requirements at RSPA. I am aware of promoting transportation safety across causes of failures include corrosion, in- one case in particular where an NTSB all modes of transportation, the legis- correct operation, construction, mate- recommendation sat at DOT’s pipeline lation directs the Secretary to focus on rial defect, equipment malfunction, office for more than 900 days before technologies to improve pipeline safety and pipe failure. even an acknowledgment of the rec- as part of the Department’s research While statistically the safety record ommendation was issued. Such dis- and development efforts. Further, the is generally good, accidents do occur, regard for the important work of the legislation includes provisions ad- and when they occur, they can be dev- NTSB is intolerable. Therefore, this vanced last year by Senator BINGAMAN, astating. That was certainly the case legislation statutorily requires RSPA myself, and others, to provide for a col- last August when a pipeline accident and OPS to respond to each and every laborative R&D effort directed by the claimed the lives of 12 members of two pipeline safety recommendation it re- Department of Transportation with the families camping near Carlsbad, NM, ceives from the NTSB and to provide a assistance of the Department of Energy and the previous year when three detailed report on what action it plans and the National Academy of Sciences. young men lost their lives in Bel- to initiate to implement the rec- The bill provides for a three-year au- lingham, WA. That is why I believe so ommendation. thorization, with increased funding for strongly that we must act now to help The measure would require pipeline Federal pipeline safety activities, the prevent future pipeline-related trage- operators to submit to the Secretary of state grant program, and research and dies. It is our duty to take action as Transportation a plan designed to im- development efforts. Let me assure my necessary to ensure our Federal trans- prove the qualifications for pipeline colleagues that we are seeking the portation safety policies are sound and personnel. At a minimum, the quali- views of the Administration regarding effective, whether for air, rail, truck, fication plan would have to dem- the funding levels and will carefully or pipelines. onstrate that pipeline employees have consider funding and other concerns as The Office of Pipeline Safety within the necessary knowledge to safely and the bill proceeds through the legisla- the Department of Transportation’s properly perform their assigned duties tive process. We must ensure that the Research and Special Programs Admin- and would require testing and periodic Department has the tools it needs to istration oversees the transportation of reexamination of the employees’ quali- carry out its critical pipeline safety ac- about 65 percent of the petroleum and fications. tivities and to advance research and most of the natural gas transported in The legislation would require DOT to development efforts. the United States. OPS regulates the issue regulations mandating pipeline The legislation requires operators, in day-to-day safety of 3,000 gas pipeline operators to periodically determine the the event of an accident, to make operators with more than 1.6 million adequacy of their pipelines to safely available to the DOT or NTSB all miles of pipelines. It also regulates operate and to implement integrity records and information pertaining to more than 200 hazardous liquid opera- management programs to reduce those the accident and to assist in the inves- tors with 155,000 miles of pipelines. identified risks. The regulations would, tigation to the extent reasonable. It Given the immense array of pipelines at a minimum, require operators to do also includes provisions concerning se- that traverse our nation, reauthoriza- the following: base their integrity rious accident that provide for a review

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.006 pfrm02 PsN: S08PT1 S1178 CONGRESSIONAL RECORD — SENATE February 8, 2001 to ensure the operator’s employees can city officials, the parents of the three must take action—and allow us to get safely perform their duties. boys killed in the tragic June 1999 pipe- to a conference and to send a strong In addition, pipeline employees are line accident, representatives of state pro-safety pipeline bill to the Presi- afforded the same whistle-blower pro- and federal pipeline safety regulatory dent. tections as are provided to employees agencies, oil and gas companies, and Mr. President, I believe every Mem- in other modes of transportation. public interest groups. ber of this Chamber can be proud that These protections are nearly identical We then held a full committee hear- one of our very first legislative acts for to the protections aviation-related em- ing on pipeline safety on May 11th at the new Congress is to consider legisla- ployees were granted in the Wendell H. which we heard from Senator PATTY tion to strengthen federal pipeline Ford Aviation and Investment Reform MURRAY and several Representatives safety policies and in turn, improve Act for the 21st Century. from Washington State. We also republic safety. I urge the House to also Again, I hope this Congress can act ceived testimony from the Adminis- make pipeline safety an early priority expeditiously to approve comprehen- trator of the Department of Transpor- and enable the Congress to carry out sive pipeline safety legislation. We tation’s Research and Special Pro- its obligations to the American public. simply cannot afford another missed grams Administration, the DOT Inspec- I recognize that some Members may opportunity to address identified pipe- tor General, the NTSB, the parents of not have expected this bill to have been line safety shortcomings. the children killed in the Washington scheduled for floor action as quickly as The Senate can be very proud to be pipeline accident, and witnesses rep- this week. It is not my intent, nor do I taking action on such an important resenting the natural gas transmission believe it is the leadership’s, to pre- public safety issue as one of its first industry, the natural gas distribution clude any Member from having the op- legislative acts of the 107th Congress. industry, the hazardous liquid pipeline portunity to offer their views on how We must act to help improve pipeline industry, State pipeline inspectors, and we could even further improve pipeline safety and prevent future tragedies public safety advocates. safety. But I want to remind all of my like those that occurred in Washington Each and every one of the 30 wit- colleagues that this measure did pass and New Mexico. I urge my colleagues’ nesses testifying before our committee this Chamber by unanimous consent support of this legislation. recommended changes in the current just 5 months ago. And it took consid- Mr. President, I point out to my col- law and offered views on the legislative erable effort and bipartisan coopera- leagues something that bears looking proposals pending at the time. Mem- tion and compromise to enable that ac- at. This map behind me is a snapshot of bers both on and off the Commerce tion to occur. the thousands of miles of gas trans- Committee also offered specific rec- Some would like the bill to go fur- mission, gas distribution, and haz- ommendations. And countless meetings ther and some believe it goes too far. ardous liquid pipelines that crisscross were held by Members and staff dis- But we did work long and hard to finally achieve a consensus in this legis- our country. It is based on data com- cussing ways to improve pipeline safe- lation and I hope our new colleagues piled in 1997 by MAPSearch Services in ty. The Commerce Committee operated who were not in the Senate during the the Office of Pipeline Safety. The Of- in a manner to ensure that anyone who last Congress will carefully consider fice of Pipeline Safety is in the process wanted to participate in this process the critical importance of advancing of completing its own mapping initia- could do so and the input from the this pipeline safety measure through tive that will provide a much greater many diverse interests has been both the process. And, I want to state for level of accuracy and will be made useful and appreciated. the RECORD my strong interest in available to the public via the Internet Next, the Commerce Committee met working with the administration on by this legislation. in executive session on June 15 during this issue. I will certainly consider any While the Office of Pipeline Safety is which we considered a substitute recommendations it may offer to im- years behind in completing this initia- amendment which was the product of prove pipeline safety as we work to tive, it is projected that by the end of the many views presented to the com- move this legislation through con- February, 86 percent of hazardous liq- mittee. We also adopted a number of ference. uid lines and 29 percent of natural gas other amendments and debated others Mr. President, I want to take a mo- transmission lines will be mapped that weren’t adopted. We agreed to ment to recognize two Members who under this new initiative. I am com- continue to work to resolve some out- played key roles in the process last mitted to ensuring that OPS completes standing issues prior to taking the bill year that culminated in the creation of this initiative in a timely manner and to the floor. That bill was reported by the measure before us today. They are to the highest degree of accuracy pos- the committee without one dissenting Senator PATTY MURRAY and Senator sible. vote. Slade Gorton. It was in large part due What is important, from the map I Following that markup, the inter- to their tireless work and bipartisan have here today, is for all of us to real- ested Members continued working to cooperation that enabled the Senate to ize that pipeline safety affects all of us. try to find common ground on those pass a strong, pro-safety pipeline bill We owe it to our constituents to pass areas that had not been resolved during last year. And it is in the spirit of con- this measure today and to press the the executive session. Now, I will re- tinued bipartisan cooperation that we House to act expeditiously to pass a mind my colleagues of the tragic pipe- are able to consider this bill today. bill in order to improve pipeline safety. line accident that occurred during the Finally, I want to again mention the Let me, for the benefit of my col- August recess when 12 members of two other sponsors of this bill: They are leagues, particularly the 11 new Mem- families camping near Carlsbad, NM, Senators HOLLINGS, HUTCHISON, BINGA- bers, provide a brief history of the lost their lives when a natural gas MAN, DOMENICI, BREAUX, BROWNBACK, work of the Commerce Committee and transmission line ruptured. Sadly, it SMITH, and LANDRIEU. I thank them for the time devoted by the Senate during was that tragic accident that spurred their work and bipartisan cooperation the last Congress which led to the de- the prompt action upon the Senate’s on this important legislation. velopment of the pending legislation. return in September. During the first The PRESIDING OFFICER. The Sen- I understand there will be amend- week back from the August recess, we ator from Washington is recognized. ments that will be proposed. I in no reached a final consensus on the legis- Mrs. MURRAY. Mr. President, I rise way object to those amendments. I lation to enable the bill’s prompt con- today in support of comprehensive want a proper perspective to be given sideration. The bill was approved by pipeline safety legislation. I want to on this issue. We just didn’t come up unanimous consent on September 7. especially commend Senator MCCAIN with this legislation. Unfortunately, the House failed to for his strong, personal leadership on The Commerce Committee’s work approve pipeline safety legislation dur- this issue. He held hearings on pipeline began nearly a year ago when we held ing the last Congress. As a result, the safety in the last Congress, and he’s a field hearing in Bellingham, Wash- status quo under which 64 lives have helped make this legislation a priority ington, on March 13th, at which 18 peo- been lost in just the past 2 years re- here in the Senate. We would not be ple formally testified—including the mains the law of the land. We simply here today without Senator MCCAIN’S Governor of Washington, mayors and must take action—both Chambers leadership.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.007 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1179 I first got involved in this issue 20 Then, on August 19, there was an- passed this bill, and some in the House months ago in the wake of a horrible other terrible pipeline explosion near had problems with it. The improve- pipeline explosion in my home State of Carlsbad, NM. That blast killed 12 peo- ments will be made—and the dif- Washington. On June 10, 1999 in Bel- ple. That horrific accident reminded ferences will be worked out—in the lingham, Washington a gasoline pipe- this Senate that we had to act. As a re- conference process. But we can’t get to line ruptured. Gas poured out of the sult, our bill passed the Senate on Sep- the conference process until the Senate pipeline and overflowed into Whatcom tember 7. Let me review the features of and the House each pass pipeline safety Creek. Eventually, that gasoline ig- the McCain-Murray bill as passed last legislation. nited, and it created a massive fireball. year. Voting against this bill won’t make The explosion sent a plume of smoke To make pipelines safer, our bill im- pipelines safer. Voting for this bill— more than 20,000 feet into the air—as proved the qualification and training of and making improvements during con- you can see in this picture. But most pipeline personnel, improved pipeline ference—will make pipelines safer. tragic of all, the explosion killed three inspection and prevention practices, Frankly, Mr. President, I expect the young people. It shattered a commu- expanded the public’s right to know bill we’re debating today—S. 235—to nity and inflicted serious environ- about pipeline hazards, raised the pen- pass the Senate again this year—as it mental damage. Without warning on a alties for safety violators, enabled did last year. quiet summer day, three young people States to expand their safety efforts, Then—once again—the House will were taken from their families in a invested in new technology to improve need to pass its own legislation. tragedy that should never have hap- safety, protected whistle blowers, in- At that point, the two bills will be pened. creased funding for safety efforts by $13 reconciled by a conference committee. After the accident, I spent several billion, and recognized State citizen That committee’s work will be critical. months learning about pipelines. I advisory committees and allowed for Ultimately, I hope that the con- learned that the Office of Pipeline their funding. ference committee’s final bill will re- Safety oversees more than 157,000 miles This bill—which is again being con- semble the bill I’ve been working on of hazardous liquid pipelines and more sidered today—was the strongest pipe- with the Washington state delegation. than 2.2 million miles of natural gas line safety bill to ever pass either Mr. President, this isn’t the end of lines throughout the country. These Chamber of Congress. The Senate has our discussion on pipeline safety. In pipelines run near our schools, our clearly made pipeline safety a pri- fact, it’s just the start and that start- homes, and our communities. They per- ority—and we are doing so again this ing process begins by voting yes for form a vital service—bringing us the year. Then our bill moved to the House this bill. energy we need for cars, airplanes, and for debate. In the House, it did gather Before I conclude, I want to comment home heating. But at the same time, support from a majority of Representa- on the current energy crisis. It’s some- they are not as safe as they could be. tives. Unfortunately, it was brought up thing that I have spent a lot of time on I learned that it’s hard for citizens to in the past few months, and it is hav- find out if they live near a pipeline— for a vote through a procedure that re- ing a real impact on the people of my much less if that pipeline is safe. I quired a two-thirds majority—and it fell short. State. learned that many of these pipelines I have been listening very closely to were laid down 30 or 40 years ago, and Again this year, it is the House of President Bush’s comments. Among they are getting old. They’re subject to Representatives that must step up to other things, he has suggested stream- internal corrosion and to external dam- the plate on this issue. That is why I lining the approval process for install- age. And worst, of all—they may not have worked with Washington’s con- ing pipelines. That concerns me. receive regular inspections. I learned gressional delegation—especially Con- I recognize that we need to increase that too many pipeline operators don’t gressman RICK LARSEN who represents our energy generation, but we have the training they need. And I Bellingham—to develop additional pro- shouldn’t do it at the expense of our learned that we’re not investing in visions to address some of the concerns safety or our environment. Just be- pipeline safety—both in oversight and expressed by the House last year. cause we are having an energy crisis in the new technology that will make I am proud to report that Congress- does not mean that the families in Bel- pipelines safer. man LARSEN introduced that legisla- Mr. President, the impact of all of tion in the House this week. I also plan lingham or Carlsbad will accept a roll- these problems can be seen in the num- on introducing it here in the Senate back of safety standards. ber of pipeline accidents. Between Jan- today so it can become part of the I hope President Bush will agree that uary 1, 1986 and December 31, 1999, process we use to enact the best legis- we shouldn’t replace our current en- there have been more than 5,700 pipe- lation. The delegation legislation that ergy crisis with a pipeline safety crisis. line accidents in this country, 325 Congressman LARSEN and I have Let me offer four ways President Bush deaths, 1,500 injuries, and almost $1 bil- worked on will improve the McCain bill can show his commitment to public lion in environmental damage. On av- in several ways. safety, The first one is simple. We erage there is one pipeline accident It will strengthen the provision on shouldn’t backtrack on safety. Senate every day in this country, and 6 mil- employee certification. It will further bill 235—represents the new minimum lion hazardous gallons are spilled into increase penalties for safety violations. of safety standards. President Bush our environment every year. It will improve the community’s right should not send us a proposal that is As I worked on pipeline safety, I to know. And, it will ensure periodic less stringent than this bill. Let me talked to a lot of people. I worked with inspections of pipelines. give you one example. Our bill expands officials at all levels of government, The strongest pipeline safety bill the public’s right to know about prob- with industry representatives, environ- ever to pass either body of Congress is lems with pipelines and ensure commu- mentalists, state and federal regu- on the floor of the U.S. Senate right nities and States have a role in pipe- lators, and concerned citizens. now. A vote yes is a vote for progress— line safety. Last year, I introduced my own pipe- a vote to make pipelines safer. A vote Last week, I heard about a draft en- lines safety legislation. I was pleased no is a vote for the status quo. A vote ergy plan that President Bush may put when Senator MCCAIN—as Chairman of no freezes the process. A vote no leaves forward. It gives the oil and gas indus- the Senate Commerce Committee— us exactly where we were when three try a guaranteed seat at every meeting made this issue a priority and held a people were killed in Bellingham and 12 on pipeline regulations. However, it hearing and a markup on pipeline safe- people were killed in Carlsbad. provides no guarantee that concerned ty legislation. And many other Sen- Are there things we can do to im- citizens, local officials or state rep- ators played key roles—especially Sen- prove this bill? Yes. But we well never resentatives would be part of the deci- ators HOLLINGS, BINGAMAN, INOUYE, get to them unless this bill passes out sionmaking process. DOMENICI, BREAUX, and WYDEN—and of the Senate. This bill represents our President Bush should not undue the also former-senator Slade Gorton. On single best opportunity to make pipe- progress we made last year. And I hope June 15, our bill passed out of com- lines safer. That’s clear from what hap- he’ll show a sensitivity to safety and mittee. pened last year. Last year, the Senate environmental concerns that have been

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.010 pfrm02 PsN: S08PT1 S1180 CONGRESSIONAL RECORD — SENATE February 8, 2001 absent from his discussions on this also has significant background and plosions and leaks. States should be author- issue to date. Second, President Bush knowledge on this issue and who has ized to establish standards that do not con- should signal his support of pipeline played a very important role in its pas- flict with but may exceed federal standards. safety legislation, which I hope will ul- sage. I will be brief. Our policy also endorses the ability of states to enforce violations of federal or state timately take the form of him signing Mr. President, I ask to have printed standards. We look forward to working with a bill into law. Third, President Bush in the RECORD at this time a statement you on legislation that accomplishes these should fund pipeline safety in his budg- from the Office of Management and goals. et as a priority. I will be fighting for Budget. Also, I ask that two letters in Thank you for your consideration. Please pipeline safety funding in the upcom- support of this legislation from the Na- feel free to contact Diane S. Shea, Director ing budget debate, and I will hold the tional Governors’ Association and the of NGA’s Natural Resources Group, at 202/ administration accountable for its National Association of Regulatory 624–5389, if you have any questions. commitment to investing in pipeline Utility Commissioners be printed in Sincerely, safety. Finally, President Bush’s De- TOM VILSACK the RECORD. Chair, Committee on partment of Transportation should There being no objection, the mate- Natural Resources. continue to issue administrative rules rial was ordered to be printed in the FRANK KEATING, to make pipelines safer. RECORD, as follows: Vice Chair, Committee The Clinton administration took sev- on Natural Re- STATEMENT OF ADMINISTRATION POLICY eral important administrative steps. sources. They issued safety and environ- (This statement has been coordinated by Enclosure. OMB with the concerned agencies.) mental regulations that require man- NR–20. IMPROVED PIPELINE SAFETY S. 235—PIPELINE SAFETY IMPROVEMENT ACT OF datory safety testing of pipelines in 20.1 PREAMBLE 2001 populated areas, in sensitive environ- The United States contains approximately (McCain (R) Arizona and 7 co-sponsors) mental areas, and along waterways. 2 million miles of natural gas and hazardous And at my request, they stationed a The Administration supports Senate pas- liquid pipelines. The U.S. Department of pipeline inspector in Washington State. sage of S. 235, which would significantly Transportation’s Office of Pipeline Safety And they agreed to give Washington strengthen the enforcement of pipeline safe- (OPS) is responsible for regulating these ty laws: The Administration appreciates the state more of a role in pipeline inspec- pipelines. OPS retains oversight authority Senate’s action in making consideration of unless it grants authority to individual tions. I hope the Bush administration pipeline safety legislation one of its first pri- will show the same level of commit- states. A number of states have assumed orities. The tragic deaths last year of 12 fam- oversight responsibility for intrastate gas ment. ily members in Carlsbad, New Mexico, and and liquid pipelines within their borders fol- So I hope President Bush will recon- the earlier deaths of three youths in Bel- lowing certification by OPS; a far smaller sider his energy proposal to make sure lingham, Washington, underscore the need number are responsible for inspection of it will heed the lessons we’ve learned for action. interstate lines. from so many pipeline accidents. We do The Administration looks forward to work- OPS authority derives from the 1968 Nat- need to address our energy needs, but ing further with Congress to secure enact- ural Gas Pipeline Safety Act and the 1979 not at the expense of our safety. Let’s ment of pipeline safety legislation. Hazardous Liquids Pipeline Safety Act, make pipelines safe first, before we lay which were substantially amended in 1992 NATIONAL GOVERNORS ASSOCIATIONS, and 1996. OPS is responsible for establishing down more pipelines. I want to close February 6, 2001. with one final image. This chart shows and enforcing safety standards for the con- Hon. TRENT LOTT, struction, testing, operation, and mainte- where pipeline accidents have taken Majority Leader, U.S. Senate, Senate Russell nance of pipelines. The Pipeline Safety Pro- place between 1984 and 1999. As you can Office Building, Washington, DC. gram is due to be reauthorized in September see, pipelines fail in every State. DEAR SENATOR LOTT: On behalf of the na- 2000. tion’s Governors, we are writing to express The states marked in yellow had be- 20.2 RECOMMENDATIONS tween 3 and 19 accidents. The states our support for S. 235, a bill to improve oil 20.2.1 INCREASING STATE AUTHORITY marked in orange had between 20 and and gas pipeline safety, and to encourage 69 accidents. And the states marked in prompt passage of such legislation. Gov- The Governors urge Congress to consider ernors are concerned about the increasing amending the 1968 Natural Gas Pipeline Safe- red had 70 or more pipeline accidents. number of pipeline accidents and reported ty Act and the 1979 Hazardous Liquids Pipe- As you can see—most of the States are regulatory inaction by the Office of Pipeline line Safety Act and authorize states to es- red. I don’t want to have to color more Safety (OPS). As you know, the General Ac- tablish safety standards for interstate pipe- of these States red. counting Office (GAO) report on OPS issued lines that do not conflict with but may ex- If we learned anything last year, it’s last year noted that the agency failed to im- ceed federal standards. States should also be that we must not wait for another plement 22 of the 49 requirements made by authorized to enforce violations of federal or tragedy to force us to act. We must Congress over the last decade, and has the state standards. pass a comprehensive pipeline safety lowest rate of any transportation agency for The Governors urge Congress to review the bill this year. This bill represents the implementing recommendations of the Na- policy of OPS to decline to grant any additional Transportation Safety Board (NTSB). tional states interstate agent status for start of our efforts in Congress this It is important to Governors that OPS be interstate pipelines. year, and I will work with anyone who required by law to comply with congression- 20.2.2 CONGRESSIONAL OVERSIGHT want to make pipelines safer. I know ally mandated requirements and implement The Governors urge that Congress, as it re- that we can’t undo what happened in the recommendations of the NTSB. OPS authorizes OPS, require the office to should also strengthen its rules regarding Bellingham, but we can take the les- strengthen its rules, as appropriate. OPS pipeline operation, maintenance, and public sons from the Bellingham tragedy and should be required to explain its failure to reporting of spills and leaks. put them into law so that families will comply, in some cases for over a decade, with Equally important to Governors, legisla- know the pipelines near their homes the recommendations of the National Trans- tion should grant OPS the continued author- are safe. portation Safety Board for periodic internal ity to enter into agreements with states to The PRESIDING OFFICER. The Sen- and hydrostatic testing and operator certifi- inspect and oversee interstate pipelines. Ac- cation. The office should be held accountable ator from Arizona. cording to the GAO report, states have per- for its failure to meet congressional man- Mr. MCCAIN. Mr. President, I say to formed well as interstate agents under these dates to define ‘‘environmentally sensitive the Senator from Washington that she agreements, yet until recently OPS was areas’’ and ‘‘high-density population areas.’’ is too modest. Had it not been for her phasing out interstate agent agreements. efforts and those of former Senator The National Governors Association (NGA) 20.2.3 MORE EFFECTIVE RULES Gorton, I know we would not have adopted a policy statement last year (en- The Governors urge that Congress require achieved the product that we have. I closed) that urges Congress to review this OPS to strengthen rules, as appropriate, re- am grateful for her continued commit- unfortunate trend. State inspectors typically garding pipeline operation, maintenance, ment not only to this legislation but to are able to perform more frequent and more and public reporting of spills and leaks. thorough inspections than federal inspectors, These should include a review of: Requiring the families who experienced the ter- improving their ability to detect safety federal certification of operator training and rible tragedy in Bellingham where all problems and prevent accidents. qualification; increasing inspection require- are very appreciative. NGA’s policy support pipeline safety legis- ments for pipeline corrosion; requiring study I note the presence of Senator lation that provides states with the author- and implementation of state-of-the-art leak BREAUX, a friend from Louisiana who ity to protect our citizens from pipeline ex- detection systems; requiring installation of

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.011 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1181 effective fail-safe mechanisms; imposing important to the safety and welfare of our in essentially the same form it is in safety standards for liquid fuel pipelines that citizens to send pipeline safety legislation to today and passed by a unanimous vote. are at least as stringent as those for natural the President as soon as possible. Thank you That indicated there was general gas pipelines; requiring pipeline operators to for your consideration of NARUC’s views. agreement, obviously, on what the con- report to OPS and affected jurisdictions all Sincerely, spills greater than five gallons; requiring NORA MEAD BROWNELL, tent should be. pipeline operators to disclose the results of President, NARUC Unfortunately, the House took the all pipeline inspections to local and state au- Commissioner, Penn- legislation up on what they call a sus- thorities; requiring OPS to work with local sylvania Public Util- pension of the rules and it failed by a emergency response providers to develop pre- ity Commission. 23-vote margin from being adopted in paredness and response plans and providing EDWARD J. HOLMES, the House. That was most unfortunate. appropriate funding support to local jurisdic- Chair, NARUC Com- Had the other body been able to do tions to implement such plans; requiring mittee on Gas Com- what I think most of them wanted to pipeline operators to periodically plan and missioner, Kentucky do—a majority, in fact, voted for it— drill cooperatively with local emergency re- Public Service Com- sponse providers; and requiring periodic mission. this issue would be behind us and we would have in place today a new sys- management audits of pipeline companies to Mr. MCCAIN. Mr. President, I note tem of inspection, a new system for ensure compliance with the foregoing. Senator BREAUX is here. My friend qualifications for the operators, and 20.2.4 APPROPRIATE FUNDING from Minnesota, Senator WELLSTONE, The Governors urge Congress to fund OPS also wishes to speak. community right-to-know provisions at a level that will allow an increased alloca- I invite others who wish to speak on would be the law of the land. tion for states, working in partnership with this issue. We would like to consider Unfortunately, that is not the case. the federal agency, to ensure pipeline safety, amendments after that and move to Therefore, under the leadership of our as well as providing for federal research and chairman, Senator MCCAIN, and other development on technologies for leak detec- passage of this bill today. That is our intention. members of the Commerce Committee, tion, testing, safe operations, corrosion pro- and Members of the Senate, we are tection, and internal inspection. I yield the floor. Mr. WELLSTONE. Mr. President, I back on the floor where we left off last 20.2.5 INTERGOVERNMENTAL COOPERATION ask unanimous consent that I be al- year with the product that already The Governors urge the states and the fed- lowed to follow the Senator from Lou- passed, essentially, the Senate in the eral government to work together to ex- last Congress by unanimous consent. change data on ways to improve their inspec- isiana. The PRESIDING OFFICER. Without It is an important issue for my State, tions of intrastate pipelines and local dis- an important issue for me. We have tribution companies to continue to improve objection, it is so ordered. the safety of these facilities. The Governors The Senator from Louisiana. over 40,000 miles of pipeline in my also urge the states to review the OPS’ Com- Mr. BREAUX. I thank my colleagues State alone—33,000 on shore and about mon Ground Report—Study of One-Call Sys- for the remarks they have made on this 7,000 miles in the Gulf of Mexico— tems and Damage Prevention Best Practices legislation already. I was particularly bringing the largest supply of natural issued in August 1999, and compare their pleased to be here when Senator MUR- gas in North America from the Gulf of state one-call systems to the proposals for RAY from Washington was making her Mexico. We have 7,000 miles of pipeline improving one-call systems in order to con- remarks. As the chairman of the com- buried under the ocean in the Gulf of tinue improving ways of preventing third- Mexico that brings the natural gas on party damage to underground facilities. mittee acknowledged regarding her contributions, she was an active partic- shore, and that is distributed through a NATIONAL ASSOCIATION OF ipant in the drafting of this legislation pipeline system throughout the United REGULATORY UTILITY COMMISSIONERS, in the last Congress, actually to the States. Mr. President, 33,000 miles of Washington, DC, February 7, 2001. point of being invited by the chairman those pipelines are in my own State of Re S. 235—Pipeline Safety Improvement Act to sit in the committee and partici- Louisiana. We have a very strong inter- of 2001. pating as a member because she made est in making sure those lines are se- Hon. TRENT LOTT, valuable contributions in developing cure and safe. Majority Leader, U.S. Senate, Russell Senate this legislation. What does the bill do? No. 1, we re- Office Building, Washington, DC. I rise in strong support of the bill quire periodic pipeline testing. That DEAR MAJORITY LEADER LOTT: On behalf of that is now before the Senate. It is a will be a requirement. A line can be in- the National Association of Regulatory Util- spected by internal devices such as a ity Commissioners (NARUC) we urge you to major step in ensuring the safety and support swift passage of S. 235. However, the integrity of a system of pipelines ‘‘pig,’’ which is basically the name for NARUC does not believe S. 235 should be the that is covering the entire United a device that is run through the pipe- vehicle for broader energy policy legislation. States, bringing necessary energy to line, a very sophisticated piece of tech- NARUC would therefore oppose amendments our families, to our businesses, and to nology. It is referred to as a ‘‘pig’’ be- that would attempt to expand this bill be- our industry. cause it sort of squeaks through the yond its current intent of improving pipeline We worked over a year in the last pipeline and takes various measure- safety. Congress, saying we have to do a better ments as to integrity of the line. It Last Congress NARUC expressed strong tests for corrosion of the line, tests for support for the reauthorization of pipeline job than we have done in the past. safety legislation provided sufficient funding What we produced last year was an im- leaks or potential leaks of the line. A to the Office of Pipeline Safety (OPS) for portant contribution. It took into ac- very sophisticated and very accurate State grants was authorized. We believe the count concerns of both the operators piece of equipment that we require increase in funding for these grants found in and owners of pipelines, as well as would be run through all of these pipe- S. 235 will better enable OPS to meet its ob- those who are served by those pipelines on a periodic basis. ligation of a 50% funding share for this Fed- lines. We all have a common interest in However, it is important to note that eral/State partnership. seeing that these lines have integrity, only about 35 percent of the natural Additionally, NARUC and its membership gas pipelines are susceptible to being strongly believe there is a vital role for the that they are technologically the best States in ensuring the safe operation of pipe- we could have in this country. The bot- tested through this type of techno- lines regardless of the interstate or intra- tom line is, they are safe. logical instrument called the ‘‘pig’’, state nature of the pipeline in question. We produced a bill in the last Con- the rest of them are not. In the legisla- NARUC strongly supports provisions of S. 235 gress that passed the Senate by a unan- tion, we allow that in the areas where that provide States with increased authority imous vote. That was not an easy ac- the so-called ‘‘pig’’ technology is not and increased participation in safety activi- complishment. There were a lot of dif- suitable because of the type and size of ties of the pipelines traversing our States. ferent sides with opinions on how the the line or the bends in the line, there There will be more we can do to improve legislation should look and what it be other methods of testing that would upon S. 235, and NARUC is committed to working with Congress in the future to should do. Some, quite frankly, be periodically required by the legisla- produce legislation that improves upon this thought it went too far. Others felt it tion. bill. We too would like to see a stronger bill, didn’t go far enough. For instance, we require the opera- one that provides the States with more over- The bottom line is that at the end of tors perform direct assessments of sight. However, we believe that it is vitally last year this bill came to the Senate their lines. What do we mean by direct

VerDate 08-FEB-2001 04:03 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.003 pfrm02 PsN: S08PT1 S1182 CONGRESSIONAL RECORD — SENATE February 8, 2001 assessments? It is not a term of archi- and additional information about po- Mrs. BOXER. Mr. President, I ask tect; it is pretty much what it implies. tential hazards and other information unanimous consent that the reading of We require operators to actually dig up they would need to know. the amendment be dispensed with. the lines and physically inspect them Again, let me conclude by saying The PRESIDING OFFICER. Without for corrosion and any other abnormali- some people say it should be a lot objection, it is so ordered. ties that may be interfering with the stronger than this. Others say this is The amendment is as follows: integrity of the lines actually by phys- far too regimented an operation and it (Purpose: To direct the Secretary of Energy ical inspection of the lines, looking at should not be that restrictive. But I do to request the National Academy of them, and other methodologies they think, because of the good faith on Sciences to conduct a study of, and report would employ after the lines are actu- both sides, we have come up with some- to Congress on, increasing the reserve sup- ally dug up to ensure they are safe. thing that is a balanced approach. It is ply of natural gas) We also leave room for other tech- a major improvement over the current At the end, add the following: nology. We want to use the best tech- system. SEC. . STUDY OF NATURAL GAS RESERVE. nology available to inspect the lines, I think we should do as we did in the (a) FINDINGS.—Congress finds that— (1) In the last few months, natural gas and we certainly leave room for that. last Congress, pass this bill by unani- prices across the country have tripled. We also had some concerns in the leg- mous consent. The other body will (2) In California, natural gas prices have islation which I think now have been work their will. There will be a con- increased twenty-fold, from $3 per million satisfactorily worked out with regard ference. There will be differences, I British thermal units to nearly $60 per mil- to employees who may potentially be point out, between the House version lion British thermal units. involved in any type of an accident. We and the Senate version. (3) One of the major causes of these price still believe people are innocent until For those who think the right thing increases is a lack of supply, including a proven guilty, but there are certainly to do is try to amend it here, I suggest, lack of natural gas reserves. (4) The lack of a reserve was compounded circumstances when people are in- in all good faith, it may be better to by the rupture of an El Paso Natural Gas volved in an accident where we do not take a look at what the House does and Company pipeline in Carlsbad, New Mexico want to keep them doing the same work within the conference to get what on August 1, 2000. thing at the same time and in the same may be more to their viewpoint. I (5) Improving pipeline safety will help pre- place until the responsibility for the think it would be a mistake, just from vent similar accidents that interrupt the accident is determined. That is not to the politics of handling this, to offer supply of natural gas and will help save say we in any way presume someone to amendments on the floor of the Senate lives. be guilty. We have worked out a satis- (6) It is also necessary to find solutions for that may not pass, and have a recorded the lack of natural gas reserves that could be factory methodology for handling peo- vote which would prevent the Senate, used during emergencies. ple involved in these types of acci- when the bill comes back, from accept- (b) STUDY BY THE NATIONAL ACADEMY OF dents. ing something that maybe, frankly, SCIENCES.—The Secretary of Energy shall re- We are also required, with regard to may be more to its liking. quest the National Academy of Sciences to— the operator qualifications, to make There is a process here that people (1) conduct a study to— sure the people who operate the lines, should be cautioned about. In order to (A) determine the causes of recent in- the people who have the capability of improve the legislation in the way they creases in the price of natural gas, including whether the increases have been caused by shutting them off when there is some- may like to see it improved, I caution problems with the supply of natural gas or thing that has happened, have the best them and I recommend the best thing by problems with the natural gas trans- training and the best information and to do is pass this bill in its current mission system; knowledge in order to be involved in form, work with the House in the con- (B) identify any Federal or State policies operating something as sophisticated ference, and then see what happens that may have contributed to the price in- as a natural gas pipeline. We require when the conference comes back. creases; and operator qualifications so that we To all colleagues who have helped (C) determine what Federal action would make certain the people in charge are be necessary to improve the reserve supply produce this bill, I thank them; I con- of natural gas for use in situations of natural qualified, and they should be tested in gratulate them for a job very well gas shortages and price increases, including order to make sure they are qualified. done, and I yield the floor. determining the feasibility and advisability This is a big improvement, something The PRESIDING OFFICER (Mr. of a federal strategic natural gas reserve sys- that is very important. BUNNING). Under the previous order, tem; and We also invest in a new technology to the Senator from Minnesota is recog- (2) not later than 60 days after the date of which I was referring. Senator BINGA- nized. enactment of this Act, submit to Congress a MAN was involved in wanting to ensure Mr. WELLSTONE. Mr. President, report on the results of the study. that we are encouraging the develop- there are a number of colleagues who Mrs. BOXER. Mr. President, so my ment of better technology to improve want to speak. I had wanted to speak colleagues know, I will be very brief on the inspection process, which we do by about an amendment that I join Sen- this amendment because I am ex- this legislation. ator BOXER on and she is on the floor. tremely pleased that it has been ac- Also, the States are given an in- I ask unanimous consent that Senator cepted by both sides. I know enough creased role in their inspection of the BOXER be allowed to lead off. I myself that when you have an ‘‘aye’’ vote, be interstate pipelines. There is a legiti- will only take 5 minutes following her. brief. I will probably take about 5 min- mate argument that the lines run I think this amendment will be accept- utes, and then I understand my friend through 50 States and you cannot have ed; is that right? PAUL WELLSTONE wants to speak in 50 different sets of standards, 50 dif- Mrs. BOXER. Yes. support. ferent departments investigating and The PRESIDING OFFICER. Without First, let me thank my colleagues, inspecting them. It needs to be coordi- objection, it is so ordered. both Democratic and Republican, for nated, but the States need to be in- Mr. WELLSTONE. I thank the Chair. accepting this amendment which I volved. We have given an increased role The PRESIDING OFFICER. The Sen- think is an important one because it to the States to be involved in this. I ator from California. looks to the problem of natural gas think that is positive. AMENDMENT NO. 3 prices. What we have seen when Ameri- Also, for the communities—providing Mrs. BOXER. Mr. President, I send an cans are opening up their utility bills increased involvement in pipeline safe- amendment to the desk and ask for its this month, some of them are in com- ty. Operators are required under this immediate consideration. plete shock because in many cases legislation, I think probably for the The PRESIDING OFFICER. The their bills have doubled and tripled. We first time, to maintain a relationship clerk will report the amendment. believe the cause is the spike in nat- both with the State and local officials The legislative clerk read as follows: ural gas prices. and providing them the information The Senator from California (Mrs. BOXER), It would be very simple if we could they need on a local and State level to for herself, Ms. MIKULSKI, Mr. WELLSTONE, tell people not to use the heat in their make sure their constituents are also and Mr. MURKOWSKI, proposes an amendment homes. But heat is a necessity. Al- aware of where the lines are located, numbered 3. though we can all do our best, this is

VerDate 08-FEB-2001 04:03 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.039 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1183 not similar to buying a candy bar. It is The PRESIDING OFFICER. The Sen- they were not able to anticipate some something that a lot of our people ator from Minnesota is recognized of the demand. Personally, I am skep- need. It is not a luxury. They need the under the previous order. tical about deregulation. This was 1989 natural gas to heat their homes. Mr. WELLSTONE. First, I defer to and natural gas took effect in 1993. If we look at the facts, we can see in my colleagues from Arizona and Lou- Part of the problem is the wholesalers the last few months natural gas prices isiana on this if they want to respond have no incentive to have an inven- have skyrocketed. In California, it is right now. tory. Therefore, we see the economics hard to even believe this, but the facts Mr. MCCAIN. Since the Senator from of scarcity. But if they are not going to show that natural gas prices have in- Minnesota is speaking in support of the anticipate new power markets going on creased twentyfold, from $3 per million amendment, if it is agreeable to have line, natural gas, new homes, new busi- Btu’s to nearly $60 per million Btu’s. him speak, then Senator BREAUX and I nesses, much less cold weather, then Experts agree that one of the major speak, and then we intend to accept we are going to be right back again causes of this price increase is a lack of the amendment following that, if that next winter for our State with the eco- supply. That includes a lack of natural is agreeable to the Senator from Cali- nomics of scarcity, with the spike in gas reserves. In other words, the re- fornia and the Senator from Min- prices. It is murder not just for low in- serves just are not there in times of nesota. come, I say to my colleagues, but also crisis or a crunch. In California, the Mrs. BOXER. May I say yes, it is. I for moderate income, middle income, lack of a reserve was compounded by would like to add Senator MURKOWSKI small businesses—across the board. the rupture of an El Paso Natural Gas as a cosponsor. I am so pleased this amendment has The PRESIDING OFFICER. MUR- Company pipeline in Carlsbad, NM, on such strong support. I am pleased we KOWSKI or MIKULSKI? August 1, 2000. are going to vote on it. This is not a Mrs. BOXER. MURKOWSKI—MIKULSKI What is very important about this study for the sake of a study; this is a and MURKOWSKI. This is a banner day. underlying legislation, and why I sup- Mr. BROWNBACK. Before my col- study that will provide us with more port it so much, is that we want to league from Minnesota starts, could I information so we, as legislators, can make sure similar accidents are pre- ask if we could get a unanimous con- take some action to deal with what I vented. We do not want to face the sent on order of discussion here, so we think has really become one of the tragedy of lost lives anywhere in this know how to organize things. I under- front-burner, central, family, consumer country. With safe pipelines, we will stand the Senator from California de- issues in the United States of America. not have to face that. But, in addition, sires to speak for around 20 minutes. I I thank my colleagues. when we do not have these accidents, believe the Senator from Idaho wanted Mrs. BOXER. Mr. President, will the we will not see an interruption in the to respond for up to 10 minutes. I would Senator yield for one point in the form supply of natural gas. like to see if I could speak at that of a question? We need to look at and solve the lack point in time for 10 minutes. Mr. WELLSTONE. I will be pleased of natural gas reserves in times of ex- The PRESIDING OFFICER. Is there to yield. treme shortages. My amendment at- objection? Without objection, it is so Mrs. BOXER. My friend is so right. tempts to get to the bottom of these ordered. Because of the urgency of this matter, issues. It requires a National Academy The Senator from Minnesota. we have called for a 60-day study. I of Sciences study to investigate this Mr. WELLSTONE. Mr. President, I want to make sure my friend knows problem. First, the study will deter- am pleased to be a cosponsor of this that. This bill is just a 60-day study so mine the causes of recent increases in amendment with Senators BOXER and we can get the information back and the price of natural gas. Second, the MURKOWSKI and MIKULSKI. The amend- then come before the Senate with solu- study will identify any Federal and ment is pretty simple. I thank my col- tions. I want to make sure my friend is State policies which may have contrib- leagues from Arizona and Louisiana aware of that. uted to this price increase. Finally, and and Washington for their support. Mr. WELLSTONE. I say to my friend to me most important, the study will The amendment would require the from California, if it was more than 60 determine how the Federal Govern- National Academy of Sciences to con- days, I do not think I would support it. ment can take action to ensure that duct a study, A, to determine the cause The last thing I want to see is a study there is an adequate reserve supply in of the recent increase in the price of that will go on and on. This calls for the future. natural gas; B, to identify any Federal action. I especially want to learn about the or State policies that have contributed The PRESIDING OFFICER. The Sen- feasibility and advisability of a Federal to price increases; and, C, to determine ator from Louisiana. strategic natural gas reserve for use what Federal action might be nec- Mr. BREAUX. Mr. President, we have during supply and price emergencies. essary to improve natural gas supplies, discussed this amendment of the Sen- We all know we have a Strategic Pe- including the feasibility of a Federal ator from California and I certainly troleum Reserve. We also know that a natural gas reserve system. find no objection to it. In fact, it can natural gas reserve raises other issues, When my colleague from California be a very positive contribution. The but, in fact, it may well be feasible. says that this is not just California, National Academy of Sciences is emi- I trust my amendment will help all of she is absolutely right. In the State of nently qualified to take a look at the us understand the causes of the natural Minnesota, a cold weather State, we things this study requires. I look for- gas problem we are facing, and I am just got hit with a big snowstorm yes- ward to their recommendations. very optimistic that this study will terday. Families are seeing the price of I will just mention the obvious dif- give us a range of solutions to meet natural gas going up 45, 50 percent, and ference in creating a reserve for crude this crisis now and in the future. it is a real hardship. oil. We have stored crude oil in salt The spike in natural gas prices is not I am going to be working with Sen- domes, most of which are in my State a California phenomenon, although we ator BINGAMAN and others to expand and the State of Texas, which is quite have seen, probably, the worst of the the LIHEAP program. We are going to different from setting up a reserve for spikes in prices. We are beginning to need that. That just helps the poorest natural gas. I think the author under- see it all over the country. That is why of poor people. And there are other stands that, but that is the purpose of my friend, BARBARA MIKULSKI, wanted ways of providing help for families. asking the National Academy of to be a cosponsor of this amendment. The fact is, a whole lot of families in Sciences to take a look at it, and per- That is why Senator WELLSTONE as Minnesota, a whole lot of people, are haps they can come back with good well wants to support it and wants to just being killed by these prices. It is a recommendations. speak on it. huge consumer issue. This study is im- The amendment of the Senator from With deep thanks to my friends who portant. Frankly, I think all of us need California is helpful, and we certainly have accepted this amendment, I yield to try to get a handle on what is hap- support it. the floor at this time. I ask for a vote pening. Mrs. BOXER. Mr. President, I ask on the amendment at the appropriate For my own part, I say to the whole- that Senator FEINSTEIN be added as a time. salers, I do not quite understand why cosponsor of the amendment.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.042 pfrm02 PsN: S08PT1 S1184 CONGRESSIONAL RECORD — SENATE February 8, 2001 The PRESIDING OFFICER. Without As I have already mentioned, genera- Fifth, the State has restructured the objection, it is so ordered. tors are charging exorbitant rates for California ISO—or Independent System Mrs. BOXER. I yield to Senator power, which has led some to suspect Operator—and essentially eliminated MCCAIN so we can dispose of this that they are gaming the market. the Power Exchange, which was a trad- amendment. When Sempra Energy in San Diego ing floor for California used to pur- Mr. MCCAIN. Mr. President, if there tells me they are buying spot power at chase energy hourly. The fatal flaw of is no further debate on the amendment, 3 a.m. in the morning at 500 times the the Power Exchange was that it en- I urge its adoption. normal price, something is wrong with sured that all bidders into the ex- The PRESIDING OFFICER. The the market. change received the highest clearing question is on agreeing to amendment Supporting that suspicion, economist price for electricity. The Power Ex- No. 3. Paul Joskow and Edward Hahn of MIT change was intended to encourage bid- The amendment (No. 3) was agreed released a report this past January 15. ders to use the floor, but instead it be- to. Let me read from that report: came too easy to manipulate, driving Mrs. BOXER. Mr. President, I move The high wholesale electricity prices ob- up prices. to reconsider the vote. served in the summer of 2000 cannot fully be Sixth, the Governor recently an- Mr. MCCAIN. I move to lay that mo- explained as the natural outcome of market nounced an $800 million energy con- tion on the table. fundamentals in a competitive market since servation program to reduce Califor- The motion to lay on the table was there is a very significant gap between ac- nia’s peak load demand by more than tual market prices and competitive bench- agreed to. mark prices that take into account these 3,700 megawatts. As I said, the legisla- The PRESIDING OFFICER. The Sen- market fundamentals. ture approved a baseline conservation ator from California is recognized for Moreover, there is considerable empirical rate, which the PUC should begin to 20 minutes. evidence to support a presumption that the put in place soon and will protect the Mrs. FEINSTEIN. I thank the Chair. high prices experienced in the summer of cost of basic necessary electricity but Mr. President, I begin by indicating 2000 reflect the withholding of supplies of the charge premiums for use above that my support for this bill and thanking market by suppliers. cost. the chairman of the committee and the For this reason, I believe the most This is really the first consequential ranking member for their work on the critical and immediate step that can be effort to begin to fix the regulated re- bill. taken to address this crisis is to fix the tail end of the market. Frankly, There is an issue relevant to natural market, which is terribly broken. whether it will be enough or not, I do gas, and it is electricity. I want to use I would like to outline for a moment not know at this stage. my time to outline what I believe has some of the steps California is taking What is the Federal role in all of happened in California and to set to to fix the problem. this? And why is legislation that Sen- First, California has conducted an rest a couple of myths that have arisen ator BOXER, I, and others have sub- online energy auction to solicit bids for during the course of the debate. mitted so important? long-term bilateral contracts. Remem- The problem in California essentially The most significant thing the Fed- ber, this contracting was prohibited by was set into motion by a bill passed in eral Government can do, through the the 1996 legislation. The State is now the middle of the last decade, 1996. This Federal Energy Regulatory Commis- negotiating contracts which cover up was a deregulation bill. It is my under- sion, is to provide a period of interim to one-third of the State’s energy de- standing that at the time, virtually ev- price stability, preventing price vola- mand for the winter. The contracts eryone came together—Republicans, tility or gouging, until this market is range from 3 to 10 years and average Democrats, utilities, generators, and able to straighten itself out. $70 per megawatt hour. It is my under- Let me show you why that is so cru- consumers—to produce a bill which de- standing they hope to contract for up cial because what is anticipated to hap- regulated electricity. The bill was ap- to 5,000 megawatts. That is enough for pen in the summer is, despite every- proved quickly. It was signed at the 5 million households. thing the State is doing today, there end of the session by then-Governor Second, the State is now going into will still be an absence of sufficient Pete Wilson, a former Member of this the power business in a major way. It electricity to serve the State. body. has exercised its authority to purchase The Independent System Operator The bill created what, in essence, was power on the spot market and has dis- has prepared this chart that shows a flawed market structure. It deregu- tributed this power at cost to the utili- what the shortfall will be in the sum- lated wholesale power, but it left regu- ties. By February 15, it is estimated mer: In May, despite everything, 3,030 lated the retail side. It also demanded that the State will have spent $1 bil- megawatts; in June, 6,815 megawatts; that 95 percent of California’s power lion to buy this power. And it is buying in July, 4,685 megawatts; in August, had to be purchased on the day-ahead power at the rate of about $50 million 5,297 megawatts; in September, 1,475 or spot market. That was fine when the a day. All told, the State has provided megawatts. supply of power was plentiful, but as an authorization for the California De- So the worst time to come for Cali- the supply of power shortened, spot partment of Water Resources to fi- fornia—and it has spread for other prices rose to unprecedented levels, and nance up to $10 billion to buy power— States—is going to be the summer, if those costs could not be passed on to again, to pass that power along, at this shortfall happens as has been pre- the consumer. The result was that cost, to the utilities. dicted by the ISO. That is when price California’s large investor-owned utili- Third, California has taken action to volatility, for that power that is not ties are now on the brink of bank- speed up the construction and siting of already under bilateral negotiated con- ruptcy, and the reason is that they new energy plants. The State has al- tracts, comes into play in a serious have been forced to purchase power ready approved 9 out of 25 additional way. That is why Senator BOXER and I that averages $300 per megawatt hour powerplants, which will generate have said we need a period of short- or 30 cents per kilowatt hour, while enough energy to power 6 million term interim price stability, really, to they can only pass it on to the con- households. That is about 6,278 get through these summer months. sumer at $75 a megawatt hour or 71⁄2 megawatts. But the rub is that these Therefore, we have submitted S. 26. cents a kilowatt hour. first nine plants will not be on line be- What S. 26 would do is say, if, during Today, they have accumulated a debt fore the end of 2002. So you can see that this short-term period, the FERC finds of anywhere from $10 billion to $12.5 there is a short-term period. I am going that prices are unjust and unreason- billion. They have severe difficulty in to speak more about that short-term able, the FERC—the Federal Energy obtaining the credit they need today to period of excess volatility in a mo- Regulatory Commission—has two op- make forward purchases. Therefore, ment. tions: The first option would be to set they stand on the brink of bankruptcy. Fourth, part of AB 1890 required Cali- cost-of-service rates themselves—cost- California’s current mix of regulated fornia’s investor-owned utilities to sell of-service rates take into consideration retail rates and unregulated wholesale their generating facilities. I think that the cost of providing the electricity rates is clearly, in my view, not a long- was a huge mistake. The State has re- plus margin of profit—or, second, pro- term workable scenario. versed this. vide an interim or temporary wholesale

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.044 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1185 price cap across the 12 Western States To reduce demand for energy, I have for a couple of minutes to respond to from which any Governor can opt out if written to the Secretary of Energy the legislation Senator FEINSTEIN has that Governor does not want their asking him to look at the feasibility of just introduced. State to participate. That is one way of significantly reducing energy consump- The PRESIDING OFFICER. Without looking at this. tion by Federal Government offices in objection, it is so ordered. The FERC has clearly found that California, I hope, by 10 to 15 percent. Mrs. BOXER. I will be brief. I thank prices charged in the year 2000 for elec- I have also called upon the Bush ad- Senator CRAIG and Senator SMITH for tricity are unjust and unreasonable. ministration to fully implement new their indulgence. I did not want to see But the FERC refuses to do anything energy efficienct rules for air-condi- a break here. I thank my colleague, about it, saying let the market prevail. tioners or other appliances so they can Senator FEINSTEIN, for laying out what The market is broken, and until the get in place as soon as possible. we are going through in California with State can adequately increase supply, Last week, Senator BOB SMITH, Re- this power crisis. I have already spoken the market is going to remain broken. publican of New Hampshire, and I and about the natural gas problem which is So the responsible Federal posture five of our colleagues introduced legis- a separate problem but nonetheless isn’t, as some have said, that the Fed- lation to provide tax incentives for en- very important to us. She really laid eral Government should be an ostrich, ergy-efficient homes, buildings, and out well the situation in which we find sticking its head in the sand: Let any- schools, to encourage people to do what ourselves. I have maybe some differing thing happen that may happen to Cali- they must in that area. I am also intro- views with her on the final way to fornia; we do not care. That is not the ducing legislation to provide tax incen- solve it, but I absolutely agree with responsible role. It is to provide an ab- tives for the development of wind, her, at this time what is most impor- sence of volatility. The reason is that solar, geothermal, and biomass energy, tant is to stabilize the market for the this volatility will also impact other something that can be developed in a short-term. States—and is beginning to do just major way, certainly in California. I compliment her on putting together that right now. It is clear to me the State is going to the chart showing us the real facts; The impact of the crisis on our State have to increase rates at some point, as that we are going to be short elec- has been tremendous. California has painful as that is, but do it in a way tricity in the summer months. spent more than $600 million over the that gives Californians advanced warn- I do believe—and I am optimistic; we past month purchasing electricity. The ing and that phases in these costs over already see signs of this—that Cali- State is suffering from lost produc- a period of time so as to protect con- tivity. A recent study by the Los Ange- fornia is going to come out of this. sumers as much as possible, with a life- les County Economic Development Again, we don’t know exactly if it is line rate for the basic electricity use of Corporation has concluded that Cali- going to be a more regulated system. consumers. fornia’s few rolling blackouts and in- We don’t know whether it will continue The big question I have is whether a to be a hybrid system or a full deregu- terrupted service have taken a $1.7 bil- hybrid system can work. That is what lion toll in direct and indirect costs on lation, which I don’t think will happen. California has, a hybrid system. You the economy. As I have said, we want The fact is, we have a real short-term cannot deregulate on the wholesale to increase the supply. problem. I implore my colleagues, par- Here is where there is a big myth. side and keep retail rates regulated. ticularly those from the western States People say: California has an increased The dilemma facing the State, in my who are starting to see this problem supply; right? Wrong. This past decade, view, is going to be either move to a spread to their area, to take a look at California has actually added 2,670 completely deregulated market and do this idea of a temporary cap on these megawatts of additional capacity—not so in a structured, commonsense way, wholesale prices. At least in that way, enough because the demand has gone or begin to reregulate. Thus far, the we could be sure of supply at a reason- up by 14 percent. But, believe it or not, moves California has made show me, by able price to get us through these sum- California has added more generation beginning to buy power, by legislation mer months. in the past decade than any other that would buy the utility’s trans- I ask unanimous consent to print in State in the western region. At the mission lines and then lease them the RECORD a column written by Peter same time, demand in these 10 States back, that California is slowly begin- King—not the Congressman—with the has grown by a greater percentage than ning a path to reregulation. Sacramento Bee called ‘‘If Only Myths it has in California. I make no value judgment. My value Were Megawatts.’’ The notion is ex- People don’t realize this, but this is judgment at this stage is, we can’t ploding a lot of myths about Cali- what an examination of the record will have both worlds. We can’t deregulate fornia. For example, we rank 47th in reflect. the wholesale end and regulate the re- per capita use of energy consumption. It is critical for California now to do tail end because it breaks the market. Our consumption has gone up 11 per- the following: Expedite its powerplant California has been a victim of that cent in the last period of time, but the siting and construction process. I have broken market into which generaters rest of the country’s consumption has been told by generaters that it has have charged the highest possible gone up 22 percent. We are doing our taken them up to 6 years to get a per- rates. Long-term contracts obviously part. We are trying. We will succeed. mit. That clearly cannot continue. play a major role. The 1996 legislation Just remember, when California gets a California has to assume its power to prohibited those contracts. cold, they eze all over the country. We expedite siting and construction. If I may, I will send, on behalf of Sen- are the sixth largest country in the Two, improve the transmission ca- ator BOXER and I, an alternative piece world, if measured by GDP. pacity in the State. Currently, you of legislation to committee. I ask I thank my colleague from California can’t now transmit power from the unanimous consent to be able to send for her insights and yield the floor. south to the north. that legislation to the desk at this There being no objection, the column Three, reduce any bona fide environ- time. was ordered to be printed in the mental obstacles. I am aware of none The PRESIDING OFFICER. Without RECORD, as follows: that have stopped power production at objection, it is so ordered. [From the Sacramento Bee] the present time, but if there are, let’s Mrs. FEINSTEIN. I yield the floor. take a look at them. Let us do what we The PRESIDING OFFICER. The Sen- IF ONLY MYTHS WERE MEGAWATTS . . . must. ator from Idaho is recognized. (By Peter H. King) Four, ensure that all large buildings, Mr. CRAIG. Mr. President, I under- If the myths surrounding California’s en- hospitals, and hotels with emergency stand there is a UC and I have been in- ergy mess somehow could be converted into generators or that have additional gen- cluded in that for 10 minutes. I ask megawatts, the state would be awash in elec- eration capacity use these facilities in unanimous consent that 5 of my 10 tricity and, in the words of Merle Haggard, we’d ‘‘all be drinking that free Bubble Up the interim. I am told there is about minutes be yielded to the Senator from and eating that rainbow stew.’’ Whatever 2,000 megawatts in generating capacity Oregon, who is on the floor. Prior to that means. that buildings have but that are not in proceeding with that, I am happy to Alas, this is not the case. A haze of half- regular use. yield to Senator BOXER from California truths, revised histories and other forms of

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.047 pfrm02 PsN: S08PT1 S1186 CONGRESSIONAL RECORD — SENATE February 8, 2001 rhetorical hocus-pocus has enveloped the this price ceiling functioned for the first from Idaho have a predominantly public dialogue over what has happened with couple of years, by design, as a price floor, hydro-based system. Our system is run California energy and who should pay for it. keeping consumer rates propped up while the by water flowing through turbines held Perhaps the most galling piece of mythol- utilities raked in billions. back by dams on large rivers. When it ogy, so popular among California bashers ‘‘Headroom,’’ they called it. across the land, is that the problem is rooted There was the more amusing myth of the doesn’t snow and rain in the West, and in California itself and, in particular, in a Christmas lights. Remember how turning off especially in the Pacific Northwest, sun-addled, something-for-nothing outlook Christmas lights was supposed to help ease there isn’t enough water to be held by on life. In an editorial about the energy California through its crisis? To borrow once the dams to flow through the turbines crunch, the Wall Street Journal sneeringly again from the ever-reliable Merle Haggard: to generate the power. labeled California the ‘‘Alfred E. Neuman ‘‘If we make it through December, we’ll be Come May of the year 2001—this state,’’ a reference to the ‘‘What, me worry?’’ fine.’’ Well, we did make it through Decem- May—when power usage starts going cover boy of Mad magazine. ber, but we aren’t fine, at least not yet. Soon up in California, and in Oregon, and in The idea seems to be that Californians enough, though, we will be. To suggest that Washington, and in Idaho, Idaho will be have been too busy meditating in the hot tub California, in the end, always has frustrated in big trouble because our moisture for to recognize that it takes energy to generate those who would rush to write it off as a par- those soothing bubbles, and that as the state adise lost, as a doomed experiment in easy the winter is not at 100 percent or 110 attracts more and more hot tub soakers it living, is not mythology, It is history. percent of normal; it is now at about 60 will need more and more electricity. The The PRESIDING OFFICER. The Sen- percent region-wide. We are in a dry winter in the West, and we are not pro- idea also seems to be that we kept tilting at ator from Idaho. windmills when we should have been deco- Mr. CRAIG. Mr. President, I come to ducing the snow to flow to the res- rating our coasts with offshore oil rigs and the floor not to respond to Senator ervoirs to generate the power. nuclear reactors, that California’s concern We in Idaho will be in a crisis envi- FEINSTEIN. There will be ample time. I for its environment is a luxury that it can no ronment if it doesn’t improve rapidly, longer afford. understand the chairman of the Energy as will be true in the State of Oregon. In fact, Californians are not hopeless en- Committee has agreed to a hearing What California, in large part, has ergy addicts; the state ranks 47th in the na- date for the Senator’s legislation, and tion in terms of per capita consumption. caused, we are now asking our con- there will be ample opportunity to ex- sumers to pick up the bill for because, Over the past decade, energy usage in Cali- amine the concept of cost plus pricing fornia did rise by 11%—but nationally, ac- unlike California, the consumers in Or- cording to U.S. Department of Energy fig- into the marketplace. egon and Washington and Idaho are not ures, it climbed at twice that rate. In fact, The reason one of Idaho’s Senators is protected by a retail price cap. the bulk of growth in consumption on the on the floor this afternoon and the rea- Our utilities, under order or fixed overburdened Western grid has occurred in son one of Oregon’s Senators is on the contract, have certain lids to bump up states that neighbor California. floor this afternoon is that what is against. But the average consumer is In other words, it’s not all about Topanga happening in California is rapidly Canyon hot tubs and Silicon Valley com- going to feel this by 20-, 30-, 40-, 50-per- spreading into Oregon and Washington cent rate increases, while California puters. The posse searching for where all the and Idaho. Why would a power disease energy goes might also look toward the basically takes none, or very little. bright lights of booming Las Vegas and, in California spread to Oregon and How can that possibly be fair if Cali- come summer, the humming air conditioners Idaho? In part because we are in the fornia is largely a part of the problem, of Phoenix, Tucson, et al. same system or grid—we are inter- if not the largest part of the problem? Yet what about the other side of the elec- connected—and in part because we sell Because while they have brought on trical switch? Over and over again, the point power to California and California sells some new production compared to their is made that California hasn’t built any new power to us. energy plants in the last decade. The impres- growth, they have brought on very lit- When you distort a marketplace in tle, and they have not built the trans- sion created is that environmentalists and one part of the market system, it over- bureaucrats have locked arms and encircled mission systems to make all of that any and all prospective power generation acts or reacts somewhere else. happen. sites, gently singing ‘‘Kumbaya’’ while the What the Senator from California is We started hearings, and we are energy producers stalk off to Texas and the talking about is absolutely true. I will going to ask that we move quickly, Mr. lights of the Golden Land dim, flicker and go have to say I am pleased when I hear President. We know that the President dark. Senators from California say: We have and the Vice President have assembled In fact, there are 10 power plants now a problem, and we probably didn’t do it Cabinet-level counsel to look at the under construction in California, with a right. We are probably a creator of our total generating capacity of roughly 6,500 long-term problem. But we in Wash- megawatts. In addition, 14 projects with a own problem. When you deregulate ington, Oregon, and Idaho are going to collective capacity of 7,500 megawatts are wholesale power and you cap retail have to sort out the short-term prob- under review, with construction scheduled to power, you send a phenomenally loud lem, and that is now, in April, May, start sometime this year. Fourteen thousand message to the marketplace: Don’t June, July, August, and September of megawatts represents about a third of what come and build. You cannot evaluate this year when this crisis will sweep the state currently needs to survive its high- or bring back your values, and you across the Pacific Northwest, at a time est peaks in demand. That’s quite a lot of have protected the consumer in a false when we need power to not only fuel new energy development going on in a state marketplace environment. California that forgot to develop new energy. our refrigerators at home but our fac- To be fair, there had been a slowdown in has recognized that and they are trying tories and our irrigation pumps to keep energy development—although one not con- to do something about it. our agriculture alive and our men and fined to California. Like almost everything I am pleased the Senator from Cali- women working. that drives the energy business, it had to do fornia did not propose to cap wholesale Cost-plus pricing is not an answer— with pure economics. As energy prices drop, prices. again, a false message to the market, a so too does the desire to build more plants I think it would be a phenomenal dis- new bureaucracy at FERC. Power will and drill more well-heads. When they climb, tortion at this time to do that. A cou- not flow to California; it will flow away the opposite occurs. Some energy consult- ple of Governors have said, yes, it is a from California, if the markets of Cali- ants, in fact, already see signs of California’s good idea. But eight Governors just energy crisis winding down. They see these fornia do not reflect the true price. signs, not in the frenzied hallways of the wrote the President and FERC and the That is the reality of the marketplace, state Capitol, but in distant natural-gas oil Vice President and said: Please don’t and you can’t fix it by some Federal fields where, sparked by soaring prices, drill- go in that direction, don’t coddle the bureaucracy or well-intended piece of ing activity has perked up again. consumer, because if you coddle the legislation. The Senator from Cali- There have been other myths. There was consumer, the consumer doesn’t under- fornia is right: Let’s get to the busi- the myth, rather quickly shot down, that stand and will not put pressure on the ness of siting powerplants, building Southern California’s air quality rules some- politician to get out of the way and let transmission lines, and doing it in an how were behind the supply crunch. There was the business of the consumer rate freeze, the marketplace work. That is really environmentally safe, but a responsible a feature of deregulation that has prevented the problem we are in at this moment. way, and allowing our consumers once utilities from passing along to customers Compounded with the growth of the again to have affordable power. Those wildly inflated wholesale power costs. Lost region and the crisis in California, the are some of the issues we must deal in the myth-making here was the fact that Senator from Oregon and the Senator with quickly.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.023 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1187 I yield the floor. consent that a letter from the cussion, we are ready for amendments. The PRESIDING OFFICER. The Sen- Chenowith School District be printed If there are not amendments within ator from Oregon is recognized. in the RECORD. about quarter after the hour—it is a Mr. SMITH of Oregon. Mr. President, There being no objection, the letter little less than quarter of—we will I probably should say amen to what the was ordered to be printed in the move to final passage. Senator from Idaho has said. I agree RECORD, as follows: As I mentioned in my opening state- with his message. I want to just add CHENOWITH SCHOOL DISTRICT, ment, this issue has been well venti- one point. Let’s assume that caps made The Dalles, OR, February 1, 2001. lated in hearings and was passed by sense. I have been told by Federal offi- Senator GORDON SMITH, voice vote. I understand that the Sen- cials, Bonneville Power Administration U.S. Senate, ator from New Jersey, Mr. CORZINE, has officials, that even if you could do it, Washington, DC. some amendments. If he does, come on DEAR SENATOR SMITH: The Chenowith the power of the Federal Government School District is requesting your assistance down, or any other Member. But we are would reach about two-thirds of the to help resolve the energy crisis in our area. not going to sit here in a quorum call. generating capacity in the West. Why School districts are allotted a limited We are going to move to final passage. is that the case? Well, because a lot of amount of money per pupil to provide an A quarter after or 20 after the hour the West’s power comes from Canada education for all of our students. We try to should be plenty of time for Members and comes from Mexico. We haven’t use our resources as prudentially as possible to come and offer amendments. I ask the ability to cap their rates. I would to see that every dollar is spent to help improve instruction and to help our students Members to notify the Cloakroom so like to see us try. I think that would achieve. we can do our best to accommodate generate quite a response. The recent increases in power costs are them. Moreover, if you did that even to going to be taking resources away from the AMENDMENT NO. 4 what we could control, what would education of students. As an example, the Mr. MCCAIN. Mr. President, I send an that then mean to the uncapped power cost of natural gas for three of our main amendment to the desk. buildings in the Chenowith School District of Canada and Mexico? It would go up The PRESIDING OFFICER. The even further. in November of 1999 was $4383.59. It was a mild November. The cost of natural gas to clerk will report. I want to point out, as Senator CRAIG The senior assistant bill clerk read as has, that the fundamental flaw in these keep these same three buildings in November 2000 was $11,942.14. We have not had a cold, follows: proposals of cost-plus, or caps, is that hard winter. The increase in gas costs must The Senator from Arizona [Mr. MCCAIN], they leave in place California’s retail be paid from unbudgeted funds, funds that for himself and Mr. HOLLINGS, proposes an cap. As we speak, California’s con- were earmarked for the improvement of in- amendment numbered 4. sumption is going up. As California’s struction. Mr. MCCAIN. Mr. President, I ask neighbor, I wish them no harm. I know The Northern Wasco People Utilities Dis- unanimous consent that the reading of their swathe economically in our coun- trict (NWPUD) has added a 20% surcharge to the amendment be dispensed with. try and in the West. I admire so much the cost of electricity. These, again, are unbudgeted costs that, along with the tre- The PRESIDING OFFICER. Without about California and would like very mendous increase in the cost of fuel for our objection, it is so ordered. much to be a good neighbor. But I school buses are taking valuable funds away The amendment is as follows: don’t think many Californians under- from educating our children. (Purpose: To make technical and minor stand what they are doing to their Today’s schools are very energy dependent corrections in the bill as introduced) neighboring States. Because of a retail with our network of computers and technology to provide an appropriate education On page 5, line 12, after ‘‘industry’’ insert cap, there is absolutely no incentive ‘‘and employee organization’’. for Californians to conserve. Those who for students who will be living in our technological society. The district has one com- On page 34, line 9, strike ‘‘sections 60525’’ advocate price caps without the lifting puter for every two students, has servers and and insert ‘‘section 60125’’. of California’s retail price caps are giv- a network system that is run with the assist- On page 34, line 14, after ‘‘transferred’’ in- ing the green light for Californians to ance of students and is enhancing their edu- sert ‘‘to the Secretary of Transportation, as send their energy bills to Oregonians. cation. Power costs are taking a dispropor- provided in appropriation Acts,’’ That is just wrong. If anybody is seri- tional amount of funds away from funds On page 34, beginning in line 15, strike ‘‘fis- ous about correcting this problem by needed to educate children. cal year 2002, fiscal year 2003, and fiscal year 2004.’’ and insert ‘‘each of fiscal years 2002, conservation and production, it in- Your assistance in helping the energy crisis in the area would be greatly appreciated. 2003, and 2004.’’. cludes lifting these artificial measures Sincerely, On page 34, line 21, strike ‘‘60125’’ and in- that don’t allow the marketplace to JAMES J. KIEFERT, sert ‘‘60301’’. work. It is that simple. Superintendent. On page 35, line 1, strike ‘‘Transportation’’ I had thought the Senator from Cali- Mr. SMITH of Oregon. Mr. President, and insert ‘‘Transportation, as provided in fornia was coming with a bill, so I had appropriation Acts,’’. I think we need to understand what On page 36, line 5, strike ‘‘until—’’ and a second-degree amendment to her’s. I California sending its energy bills to appreciate that she has not offered insert ‘‘until the earlier of the date on Oregon means to the rest of the West, which—’’. that on the pipeline safety bill. That is my State and others. It affects school On page 36, line 6, strike ‘‘determines’’ and a bill that needs to go forward on its districts that have not budgeted for insert ‘‘determines, after notice and an op- own because of its own merit. We will 50-, 60-percent increases in energy. Sen- portunity for a hearing,’’. have this hearing and debate. But cen- iors have not budgeted for energy rates On page 36, line 14, strike ‘‘Disciplinary action’’ and insert ‘‘Action’’. tral to any effort to interfere further in going up double, triple. But that is the market that is already suffering what is, in fact, happening. It isn’t Mr. McCAIN. Mr. President, this because of Government interference right, isn’t fair. I want to be a good amendment is being offered by Senator must be, as a predicate, that California neighbor, and I will be open to their HOLLINGS and myself. It provides tech- lift its retail price caps. Anything more suggestions; but they must, as a predi- nical and minor correction to the bill. or less than that will simply fail and cate, lift their retail price caps because It has been cleared on both sides. I urge will be a continued abuse upon the anything less than that will not adoption of the amendment. neighbors of California. It is wrong, produce conservation and will not The PRESIDING OFFICER. Is there and it should be fixed. I understand the produce the incentives for new produc- further debate? If not, the question is politics of fixing it. It is difficult for tion. on agreeing to the amendment. their legislature and their Governor, I yield the floor. The amendment (No. 4) was agreed but it is utterly unfair to California’s Mr. MCCAIN. Mr. President, I ask to. neighbors for them to continue this unanimous consent to be recognized be- Mr. McCAIN. I yield the floor. I without considering the impact on ev- fore the Senator from Kansas. thank my colleague from Kansas. eryone else in the grid with them. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. The Sen- Mr. President, I will simply conclude objection? ator from Kansas. my remarks. I was going to put a Without objection, it is so ordered. Mr. BROWNBACK. Thank you very human face on the consequence of what Mr. MCCAIN. Mr. President, first, I much, Mr. President. And I thank my California has done. I ask unanimous want to announce that after this dis- colleague from Arizona for moving this

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.051 pfrm02 PsN: S08PT1 S1188 CONGRESSIONAL RECORD — SENATE February 8, 2001 through so rapidly. Hopefully, we can Training and qualification require- their Members and see if there are any get this through in a fashion so we can ments strengthened along with public further amendments or discussion of send it forward. We had extensive hear- right to know provisions. the bill. ings last year. I think most of it was The Senator from Washington, Mrs. At this time, I suggest the absence of worked out quite well. The chairman, MURRAY, worked diligently and care- a quorum. Senator MCCAIN from Arizona, has fully to getting this bill to this point. The PRESIDING OFFICER. The done a splendid job of moving this for- There are numerous positive things clerk will call the roll. ward. that this bill would achieve. I won’t de- The senior assistant legislative clerk Therefore, today I rise to offer my tail it all here now—but the important proceeded to call the roll. support of S. 235, the Pipeline Safety point is that this bill significantly im- Mr. MURKOWSKI. Mr. President, I Improvement Act of 2001. I also come proves the status quo and will make ask unanimous consent that the order to the floor to strongly encourage my our nation safer. That is why it is so for the quorum call be rescinded. colleagues to pass a clean bill on this important that we not allow this bill The PRESIDING OFFICER. Without issue. We have worked a long time in a to get bogged down, and potentially de- objection, it is so ordered. delicate set of negotiations to get a feated by amendments that will de- Mr. MURKOWSKI. Mr. President, I good bill through. It is well balanced. I stroy the hard-won balance achieved compliment the floor manager, Sen- think we need to move this through last year. ator MCCAIN, and the Commerce Com- rapidly to get these safety issues out I would remind my colleagues that mittee, for bringing this matter before there dealing with the pipelines. I un- this bill went through extensive debate this body, the pipeline safety bill. derstand that the Senate is a body of last year. In the Commerce Committee I have the honor of serving as chair- amendments, but this issue is too im- there were hearings and markups man of the Energy and Natural Re- portant to be killed by hasty changes— which addressed the very contentious sources Committee of the Senate. I and that is exactly what could happen question of how best to increase the think everyone is aware of the energy if we clutter this carefully com- safety of oil and gas pipelines without crisis occurring in the country today promised bill with unnecessary changes jeopardizing a key industry to this na- highlighted by the situation in Cali- or additions. tion. fornia which can best be described as The oil and gas industry is very im- The compromise which this bill cre- both a supply program and a credit portant to my state of Kansas—but ates is a good one—but it is fragile. program. In other words, they had be- nothing is more important than securing And before some of my fellow Senators come somewhat complacent in their the safety of all our citizens. I have try to amend this bill—I would ask ability to attract power from other worked hard alongside my friend from that they weigh the changes they seek States to the point where they were re- Arizona to find a way to strengthen against the possibility of killing this lying on 25 percent of their energy safety precautions and provide strong important bill—because that is a dis- coming from outside of California. The incentives for better public and envi- tinct possibility. If at the end of the prices went up on that outside energy. ronmental protection without crippling day, members feel that this com- They have a cap on their retail sales. a vital industry to our nation. promise is not adequate to address the Their utility companies, which were Now more than ever, Americans are concerns of pipeline safety—then our among the largest in this country, had keenly aware of the need for a strong recourse should be to return the bill to to pay a higher price for the energy energy infrastructure—which makes the committee and address those con- than they could pass on to the con- the way we tighten these standards cerns through the regular process. We sumer. As a consequence, they are fac- more important than ever. The bill be- should not make the mistake of rushing bankruptcy. fore use today has crafted a fine bal- ing through a bad bill. The significance of the California cri- ance between setting tough standards, I hope this option will not be nec- sis has created concern all over Amer- and yet maintaining the flexibility essary. I believe this is a good bill; that ica. Part of that involves our depend- which will be needed for industry to it is a good compromise and addresses ence on pipelines. Pipelines, of course, implement this bill. Industry is not a very serious problem in our country. provide this country with a supply of questioning that there needs to be This problem cannot await further re- oil, supply of gasoline, supply of nat- tougher standards—even though it will finement and work. It needs to be ad- ural gas. cost them money and they don’t agree dressed now. We have had some very unfortunate with all the provisions of this bill, they I urge my colleagues to join Senator accidents occur in New Mexico and in stand ready to do what is necessary to MCCAIN, myself, and others to pass this the State of Washington. The reality is prevent as many accidents and injuries bill clean and move it on through the many of these pipelines are aging, and as possible. Everyone wants safety process so we can get a safer pipeline with the increased demand for energy, first. system in this country. we are putting more pressure into However, if this bill takes on pre- Thank you, Mr. President. I yield the these pipelines. Hence, the need for a scriptive amendments which lock in floor. responsible plan that ensures safety. the way these standards are to be im- Mr. MCCAIN. Mr. President, I see no I commend the members of the Com- plemented, there will be opposition to other Senators on the floor wishing to merce Committee, Senator MCCAIN, the bill—not on substance but on pro- speak. I see no other amendments. I and others. We are very interested in cedure. While it might be good politics would like to place us in a quorum call our committee, as well, because we to stir up anti-industry sentiment, it is in just a second. I would like to tell my have to have a delivery system. This bad policy because it would prevent a colleagues that there is no reason why delivery system has been something we good bill from becoming law. I think we shouldn’t move forward with final are going to have to continue to ex- we can all agree that this would hinder passage of the bill unless there are pand, as indeed the demand for energy, the cause of making America’s pipe- amendments. particularly oil and gas, natural gas, lines more safe, which is our objective. I say to my colleagues on both sides, gasoline and others, depends on pipe- This bill has a number of important let’s move the process forward. It was lines. provisions which will make our pipe- announced 3 days ago that we would be The legislation will protect con- lines and our people who live near taking up this bill. So it is time to sumers by ensuring that our natural them, safer—including: move forward. gas and oil pipelines are safe. I think it Increased daily penalties for viola- Mr. BROWNBACK. Mr. President, I is fair to say that the same bill did tion of safety regulations from $25,000/ am curious. Can we go through a unan- pass the Senate unanimously last year. day to $500,000/day—a factor of 20 imous consent that the vote take Unfortunately, the House did not have times. place? You have announced to our col- time to act before the elections. We Spill reporting would occur for some- leagues that it would be a quarter have to have the public confidence in thing as small as 5 gallons as opposed after. the safety of our pipelines. to the 2100 gallon trigger which cur- Mr. MCCAIN. Not yet. We want to I think we have a tough bill that ad- rently exists. give the other side a chance to call all dresses the critical issues of safety.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.054 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1189 The pipelines are essential to the Na- lines without any measurable improve- work in New England and natural gas stor- tion’s energy delivery infrastructure. ment in safety. age facilities associated with that network. As I indicated, we would not be able to I think we would agree, as a con- In carrying out the study, the Commission shall consider— receive the energy that we take some- sequence of this energy crisis in our (1) the ability of natural gas pipeline and what for granted. We forget that some- country, the pipeline industry cannot storage facilities in New England to meet body, somewhere has to produce en- and should not be taken for granted. current and projected demand by gas-fired ergy. It has to come from an energy Many of our colleagues are aware of power generation plants and other con- source. It has to come from either oil the huge demand increases anticipated sumers; or natural gas or hydro or clean coal or for natural gas, and this increasing de- (2) capacity constraints during unusual weather periods; nuclear. It is a diminishing resource. mand has already contributed to the (3) potential constraint points in regional, Once we use it, obviously, it is gone price runup we have seen for natural interstate, and international pipeline capac- and we have to replace it. gas. Last year, natural gas was about ity serving New England; and As a consequence, as we look at the $2.16 per thousand cubic feet. Today it (4) the quality and efficiency of the federal increased demand associated with our is somewhere in excess of $8. environmental review and permitting proc- electronic society with its computers Natural gas producers and pipeline ess for natural gas pipelines. and e-mails, the reality is we simply operators are working feverishly to re- (b) REPORT.—Not later than 120 days after the date of the enactment of this Act, the cannot get there with conservation spond by investing billions of dollars in Federal Energy Regulatory Commission alone. We want to do a better job of exploration and production and by shall prepare and submit to the Senate Com- conservation. That is why in the en- building new pipelines. That is how we mittee on Energy and Natural Resources and ergy bill we will produce on Tuesday, will achieve it. The current natural gas the House of Representatives a report con- we have a great deal of emphasis on pipeline network simply cannot trans- taining the results of the study conducted conservation, on incentives for confer all the gas which Americans will de- under subsection (a), including recommenda- servation, for CAFE standards, many mand by the end of the decade. New tions for addressing potential natural gas of the things that we believe will assist pipelines already take anywhere from 3 transmission and storage capacity problems in New England. but will not supplant, of course, the in- to 7 years to permit and build. Without creased demand for energy in this new pipeline capacity, our Nation will Mr. MCCAIN. Mr. President, this country. That is why we will have to only fall further behind. amendment on behalf of Senator REED continue to develop technology and Accordingly, I urge the Senate to of Rhode Island calls for a study of the make our footprint smaller, open up pass the pending legislation. I believe needs of the natural gas pipelines in new areas for oil and gas exploration, this legislation meets the challenge New England. I think it is perfectly ap- including my State of Alaska and and does so in a way that will com- propriate and acceptable to both sides. ANWR. plement our national energy policy I believe there is no further debate on Without going down that rabbit trail rather than thwart it. the amendment. The PRESIDING OFFICER. If there too far, I wish to comment that we I again thank Senator MCCAIN, the have, again, taken for granted the role floor managers, and yield the floor. is no further debate, the question is on of pipelines in the delivery of fuel to The PRESIDING OFFICER. The Sen- agreeing to the amendment. The amendment (No. 5) was agreed heat our homes, fuel for our auto- ator from Arizona. to. mobiles, and, of course, the ability to Mr. MCCAIN. I thank Senator MUR- Mr. MCCAIN. Mr. President, I yield KOWSKI for his efforts, not only on this run our production lines. We are fortu- the floor and suggest the absence of a legislation but on overall energy pol- nate in this country to have a network quorum. which is extraordinary in itself because icy. It is a very difficult task, a chal- The PRESIDING OFFICER. The it has been proven safer than any other lenging one, and we are grateful for his clerk will call the roll. mode of transportation. We cannot be leadership. The senior assistant bill clerk pro- complacent. We have to improve safe- Mr. MURKOWSKI. I thank the Sen- ceeded to call the roll. ty. I welcome the changes to existing ator. Mr. CORZINE. Mr. President, I ask law made by the legislation that will AMENDMENT NO. 5 unanimous consent the order for the improve the overall safety of the pipe- Mr. MCCAIN. Mr. President, I have quorum call be dispensed with. line. an amendment on behalf of Senator The PRESIDING OFFICER. Without One example is the bill requires new REED of Rhode Island. I send it to the objection, it is so ordered. periodic pipeline integrity inspections desk and ask for its immediate consid- The Senator from New Jersey. using a variety of new technologies eration. Mr. CORZINE. Mr. President, I would such as the ‘‘pigs’’ that are used to go The PRESIDING OFFICER. The like to speak before we enter some through the pipelines now; we have clerk will report. amendments. I compliment my col- smart pigs that not only go through The assistant legislative clerk read leagues, Senators MCCAIN, MURRAY, the pipeline but can get out of the pipe- as follows: HOLLINGS, and BREAUX, for their hard line and be examined. As a con- The Senator from Arizona [Mr. MCCAIN], work and dedication in bringing this sequence, we do have the opportunities for Mr. REED, proposes an amendment num- bill on pipeline safety to the floor. I ap- to improve dramatically. bered 5. preciate their leadership on this impor- I have mentioned the accidents in Mr. MCCAIN. Mr. President, I ask tant issue, one that is certainly vital New Mexico and Washington. However unanimous consent that the reading of to the constituency I represent in New important safety is, we have to balance the amendment be dispensed with. Jersey, and, unfortunately, one that the safety of regulations and the need The PRESIDING OFFICER. Without has affected their lives in a very sig- to be able to efficiently operate these objection, it is so ordered. nificant way. pipelines. The amendment is as follows: I rise today, however, because of con- What we have today in this legisla- (Purpose: To direct the Federal Energy Reg- cerns about some of the important as- tion is a balance that strikes fairness ulatory Commission, in consultation with pects of this legislation. In its current and equity in safety and the reality the Department of Energy, to conduct a form, I believe the bill does not go far that there is an economic factor as study of, and report to Congress on, the enough to ensure the safety and integ- well. When this legislation is enacted, natural gas pipeline transmission network rity of gas and oil pipelines around our and there is no question in my mind in New England and natural gas storage fa- Nation, particularly in New Jersey; that it is going to be enacted, it will be cilities associated with that network) and does not do enough to provide in- the strongest, most comprehensive At the end, add the following: formation to the communities living pipeline safety measure ever approved SEC. . STUDY AND REPORT ON NATURAL GAS near those pipelines. by the Congress. At the same time I PIPELINE AND STORAGE FACILITIES Several years ago, my own State of IN NEW ENGLAND. think we avoid some of the extreme re- (a) STUDY.—The Federal Energy Regu- New Jersey was the site of a major sponses some have advocated, re- latory Commission, in consultation with the pipeline explosion. On March 24, 1994, a sponses that would lead to an energy Department of Energy, shall conduct a study natural gas pipeline exploded in Edi- shortage, a lack of investment in pipe- on the natural gas pipeline transmission net- son, NJ, at 12 midnight. Families living

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.057 pfrm02 PsN: S08PT1 S1190 CONGRESSIONAL RECORD — SENATE February 8, 2001 in the nearby Durham Woods apart- I will also be offering an amendment some progress on these issues. The bill ment complex awoke to a deafening which will give communities that live does require an assessment of the risks roar. They ran out of their homes and near pipelines more information about associated with pipeline facilities in saw a wall of flame several hundred them. Again, I understand the pending environmentally sensitive and high- feet high. These flames were so high bill does include some enhanced right- density population areas and requires they were visible in both New York to-know provisions, and I congratulate the implementing of a plan to mitigate City and Pennsylvania. I ask you to the sponsors for that, but I believe we these risks. That is helpful, it is a be- think about that—flames were visible should go further. ginning, and I am glad it is in the bill. in both New York and Pennsylvania. We need, for example, ongoing re- The bill before the Senate is a good Many of the residents who awoke ports from pipeline companies about first step in strengthening safety regu- that night thought a nuclear bomb had their efforts to prevent or minimize lations. There have not been enough in detonated. Miraculously, only one per- pipeline risks. We also need companies the past. It is a good beginning. son died. However, scores more suffered to tell communities how frequently The legislation does increase the injuries due to burns or smoke inhala- testing occurs and what those tests amount of information companies must tion. Many more lost their homes and find. Then we need to enact liability provide to communities where pipe- all their possessions. There was mil- provisions that will impose fines on all lines are located so communities can lions of dollars in damages, and the ex- pipeline operators following oil spills. zone their property properly and plan plosion itself left a crater 60 feet deep. Another problem is that currently, for emergency services so people who At another point, I would like to sub- pipeline oil spills that occur on land live in the communities know what is mit to the record accountings of the alone are not a violation of any Fed- happening in their towns. Finally, it explosion from the New York Times eral law. We need to ensure that when increases civil penalties substantially and the Washington Post. such spills occur, fines are levied as a for those responsible for pipeline disas- This explosion was caused by a nat- way to prevent future releases. ters. ural gas pipeline that was buried in the Lastly, I believe we need to deal with In the analysis I will offer, I do not earth. What concerns me is that there the certification of pipeline operators. discount the work of the committee or were no reports of digging in the area We have laws that license the drivers the progress this legislation offers, but nor were there reports of any other dis- of cars and the pilots of planes. We I take the floor, as did my colleague, Senator CORZINE, because there are turbances that could have set off the need a Federal law, in my view, that people in my State who will watch this explosion. provides standards for operators of vote carefully, and we are not alone. As harrowing as this tragedy was, it pipelines as well. From New Jersey to Washington State is not the only one. There have been The principles contained in these to Texas, communities have experi- other pipeline explosions across this suggestions have been supported by enced not simply disruptions in gas country: in the States of Arizona, many environmental and pipeline re- supplies from ruptured pipelines, we Washington, Michigan, New Mexico form groups, as well as by almost the and others. These tragedies, with their have lost lives, a lot of lives. entire delegation from the State of accompanying loss of life, are the basis Since 1996, there have been 18 major New Jersey. They also have been sup- for everyone’s concern. I applaud their pipeline disasters in the United ported by many Members of the House efforts. States—major disasters. But if a pipe- However I believe there is more that of Representatives. line ruptures and causes a fire or explo- I hope my colleagues join me today we can do to prevent these explosions. sion in your neighborhood, the Federal First, we should ensure that oil and in ensuring that we make sure we no Government may not declare it major, natural gas pipelines are inspected on a longer have another Edison disaster. but I assure you, in your neighborhood, I yield the floor, Mr. President. regular basis so that flawed lines can it is major. The PRESIDING OFFICER. The Sen- be recognized early, repaired, or re- The map on my left illustrates the ator from New Jersey. placed. My first amendment will re- States where in the last 10 years there Mr. TORRICELLI. I thank the Chair. quire both oil and gas pipelines to be have been 2,241 major accidents. They Mr. President, I compliment Chair- inspected every 5 years. are in every State in the Nation, at The pending legislation does require man MCCAIN, Senator HOLLINGS, Sen- least on this map indicating the lower pipeline operators to adopt a program ator BINGAMAN, Senator MURRAY, my 48 States in the Nation; high popu- for integrity management, which in- friend Senator BREAUX, and those who lation areas, such as New Jersey, Penn- cludes periodic assessments of the in- have worked on this legislation. I voted sylvania, New York, and Connecticut, tegrity of hazardous liquid and natural for this pipeline safety legislation in which have the greatest concentration; gas pipelines. I am concerned that this the last Senate. I would like to be able one can see in Indiana, Michigan, and does not go far enough. to vote for it in this Senate. It is legis- Illinois, in Texas and in California— There is no definition of what con- lation that should be enacted. these are significant numbers of pipe- stitutes ‘‘periodic.’’ It could allow in- As a nation in the midst of an energy line explosions. One of the most recog- spections every 5 years, every 7 years, crisis, we need to have the pipeline net- nized has led to my effort today with or every 50 years for that matter. That work of the Nation constructed and ex- Senator CORZINE. is just not good enough. After all, lives panded to supply communities in need, On March 23, 1994, Texas Eastern Cor- and property are at stake. and to do so can only help reduce poration’s 36-inch high-pressure nat- GAO reported that 226 people have prices. This Senate should act forth- ural gas pipeline was running through been killed between 1989 and 1998, over with to do so. a residential community in Edison, NJ. 1,000 injured, and $700 million in prop- As I voted for this legislation pre- Nearby, there was an apartment build- erty damage. viously, it is worth noting that this is ing and residential housing. The pipe- I know the Office of Pipeline Safety not the same Senate that it was a year line exploded. As it exploded, it con- has issued regulations regarding the in- ago. The membership is different, the sumed the neighborhood in a fireball. spection of certain liquid pipelines and balances are different, and this bill Buildings burned. Three hundred is considering regulations concerning should be different. homes were destroyed. One of the natural gas pipelines. I am concerned My colleague from New Jersey, Sen- neighbors was killed. The night became however about how long it has taken ator CORZINE, is prepared to offer a se- an inferno for miles around. One mo- for these regulations to be issued and ries of amendments that I think are ment, a peaceful suburban community; whether they will seriously be followed thoughtful and would help not simply the next, a war zone. One can only through. communities in New Jersey but com- imagine the trauma to a family living I am also concerned they do not re- munities in States throughout the Na- in their suburban community in the quire inspections to be conducted at a tion. middle of the night watching their sufficient enough frequency. In my They are centered on several specific neighborhood explode in a ball of view, therefore, it is time to pass objectives. I am going to review them, flames. strong legislation to make safety the but I first want to make clear that I do The heat from the blast touched off priority it deserves to be. think the legislation as offered makes fires in nearby neighborhoods. More

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.061 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1191 than 2 hours after the explosion, the tential explosion? We require it in the ards, with the best materials, is they pipeline continued to send a wall of bill. But if we did not require it in the know that if they do not, they are lia- flame hundreds of feet into the air. bill, wouldn’t you want to do it any- ble for those kids who lost their lives Two miles away, ash rained on cars. On way? and to the towns that lost the housing the New Jersey Turnpike, the principal Second, mandatory testing of natural where I live. We would like them to be artery through the northeastern part gas and hazardous liquid pipelines liable so they have an incentive to en- of the country, roads were filled with themselves. This is the most extraor- sure that people are safe and secure. debris. Drivers likened it to driving on dinary to me. I do not know of any I am concerned that this bill has a newly salted road. The highway was principal structure in the Nation, on a been brought to the floor—recognizing covered with this debris. The National mandatory basis—from the local build- that Senator MCCAIN has improved the Transportation Safety Board found ing authority through airplane con- bill. He has designed good legislation, that the inability of the pipeline oper- struction, to your own car—that does but it is not legislation that any of you ator to properly stop the flow of nat- not get inspected. If I do not take my can take back to your States, along ural gas contributed to the cause of the car to a local New Jersey motor vehi- these pipeline routes, and say: My accident. cles inspection station and get it in- friends, I have done everything I can to It is the lasting impact of this inci- spected every year or two, I am in vio- ensure that your family is safe. I have dent that brings me to the floor and to lation. But you want to put a 36-inch struck a balance. We are going to have offer and support several important pipeline across my State, next to thou- pipelines that lower the cost of your amendments. sands of residents, knowing that it has natural gas. We are going to get you My State has not forgotten. If this cost lives, and you do not want to re- additional supply. We are going to Senate fails to address the reality of quire an inspection every 5 years, every meet the Nation’s needs. And I am this problem, I can assure you, in the 7 years? I do not think this is unrea- going to protect your family. next 10 years, when one of these 22 ac- sonable. We have done a good job. We have not cidents comes to a neighborhood near Third, the certification of pipeline done a good enough job because we can you—it is not New Jersey, it is Nevada personnel. I do not know a profession do more to ensure that people are safe. or California or Florida—they will re- or means of employment in the Nation That is the balance I want. That is member as well. which involves health—life and death— what I think this Congress can do that We do not ask a lot. We know the and public safety where you do not is better than what the last Congress reasons these accidents are happening. have to get a certification. I have a did when this legislation was before it. Here you have a 36-inch pipeline run- certification to drive here to work in I find it frustrating that we need to ning, as the crow flies, no more than 8 the morning in my car. It is called a return again to deal with an issue that miles from midtown Manhattan—in the driver’s license. But you are going to has been raised that the Senate knows most densely populated area of the Na- operate a high-pressure gas pipeline is a real problem. We are going to offer tion—to New Jersey. A pipeline erupts, across the Nation, and you do not want these amendments. We are going to in- and the company does not have per- a license? sist upon them. I ask my colleagues to sonnel trained, capable, or instructed Lest you think this is somebody think carefully in weighing the consid- in how to stop the flow of gas. The else’s abstract problem—these people eration of passing this bill today or to- local community did not have enough who are operating these pipelines—here morrow or waiting a day or two or a information to deal with the emer- are the areas they impact as shown on week and getting it done right. The gency. These are not unreasonable re- this map. You cannot serve in this Sen- stakes, I am afraid, are that high. We quests. ate and not represent somebody who have tried to do this voluntarily. The bill contains provisions to deal lives near one of these pipelines. Maybe the cost of compliance is too with a cost-benefit analysis. My col- All we want to know is, if you work much. leagues, what is the cost-benefit anal- on these pipelines, and you have re- We have passed statutes before. We ysis of the cost of ensuring that per- sponsibility for pipeline safety, we have not seen them enforced. This is a sonnel are trained, that a pipeline is would like to know that you know list of pipeline safety regulations that inspected, compared to the cost of 300 what you are doing. It does not have to have not been met in the last 12 years, people running from their homes in a be a high threshold. Give me the easi- things we have asked to ensure that fireball in the middle of the night? est test you want. If you do not want people would be safe and that stand- Allow me to share with you a cost-ben- to strain them, if you do not want to ards would rise, only to find that, in- efit analysis. make them study, OK, I will be reason- creasingly around the Nation, they As you consider voting on whether or able, but how about some certification? have been ignored. That is why we have not people should have licenses to work The person who died in Edison, NJ, in increased penalties and liability. Are on these pipelines or whether or not the destruction of that neighborhood, they really so unreasonable? these pipelines should be inspected, did not know how to turn off the flow The Pipeline Safety Act of 1992. this is your cost-benefit analysis. of the gas. When I bought my home, I Emergency flow restriction devices Every one of these children pictured went in the basement and said to the to ensure that if there is an accident, here have been killed—burned, killed guy who showed me the house: If there operators on an emergency basis can in an explosion because of a ruptured is a problem here, how do I turn off the restrict the flow of gas. That alone pipeline. They are dead. Mr. President, gas to my house? It took me about a would have made the difference in de- 2,200 accidents in 10 years will cause minute. stroying the neighborhood in Edison, that kind of destruction. In a town of tens of thousands of peo- NJ. Our amendments are very simple. I ple, the operator of the pipeline did not Underground utility location tech- do not believe Senator CORZINE and I know how to shut off the gas. Standing nologies in the Pipeline Act of 1992. are being unreasonable. in midtown Manhattan, you could see Carry out research and develop pro- What is it we would like? the fireball in central New Jersey. grams on technologies so that people One, a community have the right to This is an important business. There can quickly locate where these pipe- know the flow of the pipeline, what is are more people living by these pipelines are in an emergency so they can in the pipeline, basic information lines, having their lives on the line, map them properly if there is a prob- about the pipeline. Even if it were not than people living by airports, but you lem. required by law, and you operated a would not have somebody operate an These are 23 different attempts to en- pipeline, wouldn’t you want the fire de- airplane without a license. sure compliance. We have not met our partment to know that basic informa- Finally, we ask for additional liabil- responsibilities to do this properly. I tion? Wouldn’t you want a local builder ity penalties, recognizing that in our know the desire to increase the Na- to know about the pipeline if they are system in this country, one sure way to tion’s supply of natural gas. I believe going to put residential homes next to ensure that the pipeline companies as strongly in it as anyone in this it? Wouldn’t you want the planning build a quality product, with quality Chamber. I also know how strongly we board to know about the power of a po- personnel, to the highest safety stand- are going to feel if we do this wrong. If

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.063 pfrm02 PsN: S08PT1 S1192 CONGRESSIONAL RECORD — SENATE February 8, 2001 we do this wrong, a lot of people get man and Domenici, who recently suffered a Representatives, this legislation will hurt. That is the issue before the Sen- terrible loss in their state. . .. be going to conference, and we will be ate. Certify the personnel, let commu- I look forward to working with the House more than happy to examine any rec- leadership . . . to help resolve any legisla- ommendations and proposals. nities have a right to know about the tive differences. operations of these pipelines, require With all due respect to Senator Clearly, former Secretary of Trans- an inspection of them every 7 years and TORRICELLI, at no time, during all the liability to ensure compliance with the portation Slater had a little different deliberations and all of the hearings laws, laws that have often been ig- view of this legislation than the Sen- and all of the involvement of this issue nored, to our considerable peril. ators from New Jersey. that our committee and the Senate I will quote from a letter from the I yield the floor. had, were there any additional amend- The PRESIDING OFFICER. The Sen- National Association of Regulatory ments, recommendations, or ideas ator from Arizona. Utility Commissioners. We all know raised. It is a little hard for us at this that these individuals—most of whom Mr. MCCAIN. Mr. President, I yield point in time, with the legislation on the floor. are elected; they certainly are in my the floor, to give serious consideration The PRESIDING OFFICER. The Sen- State—are responsible for the regula- to these amendments. Obviously, I can- ator from Washington. tion of this kind of industry and re- not support them at this time, but we Mrs. MURRAY. I thank my col- sponsible for the safety of others. I had will be more than happy to consider leagues from New Jersey for offering already included this letter for the them in the future. these four excellent amendments. I RECORD, but I think it is important to So when there is an amendment share their passion on this issue, hav- reference it again. This is in reference pending, I will be glad to comment on ing lost three young children in Bel- to S. 235, the Pipeline Safety Improve- a pending amendment. But I, again, re- lingham, WA, a year and a half ago ment Act of 2001. mind my colleagues that this product when a pipeline exploded at a school Dear Majority Leader Lott: is literally months of negotiation, where my sister teaches seventh grade. On behalf of the National Association of hours of hearings, and negotiations Regulatory Utility Commissioners— that took place over a very long period It has impacted the lives of those fami- I assume that includes the regulatory util- lies every single day since that explo- of time. ity commissioners of the State of New Jer- I hope my colleagues from New Jer- sion. sey— This is a passionate issue in my We urge you to support swift passage of S. sey will consider what has gone before State. I have to say, before that explo- 235. However, NARUC does not believe S. 235 and that we can move forward with the sion, no one knew that they lived next should be the vehicle for broader energy pol- amending process. I yield the floor. door to a pipeline. No one knew that icy legislation. NARUC would therefore oppose amendments that would attempt to ex- Mr. REID. Mr. President, I suggest their school was on a pipeline. pand this bill beyond its current intent of the absence of a quorum. I commend them for bringing forward improving pipeline safety. The PRESIDING OFFICER. The these provisions. They are all excel- Last Congress NARUC expressed strong clerk will call the roll. lent. They are all incorporated into a support for the reauthorization of pipeline The bill clerk proceeded to call the bill that I have dropped in with the safety legislation provided sufficient funding roll. Washington State delegation today. If to the Office of Pipeline Safety for State Mr. TORRICELLI. Mr. President, I they are unable to pass on this bill, I grants was authorized. We believe the in- ask unanimous consent that the order urge my colleagues from New Jersey to crease in funding for these grants found in S. 235 will better enable OPS to meet its obliga- for the quorum call be rescinded. continue to work with us. tion of a 50 percent funding share.... The PRESIDING OFFICER (Mr. FITZ- This bill has a long way to go before Additionally, NARUC and its membership GERALD). Without objection, it is so or- passage, certainly as it goes through strongly believe there is a vital role for the dered. the House and through conference. States in ensuring safe operation.... Mr. TORRICELLI. Mr. President, I These provisions are excellent ones They go on to say: thank Senator BREAUX and Senator that I hope will be incorporated into a NARUC strongly supports provisions of S. MCCAIN for working together on the final bill, regardless of what happens 235 that provide States with increased au- principal issue we brought to the floor on the floor today. thority and increased participation in safety today. I believe we can find real resolu- I thank the Chair and yield the floor. activities.... tion. Senator CANTWELL, Senator The PRESIDING OFFICER. The Sen- Finally, I will quote again from pas- CORZINE, Senator MURRAY, and I have ator from Arizona. sages from the National Governors’ As- raised a question about the frequency Mr. MCCAIN. Mr. President, it is sociation letter. I don’t know if the Na- of inspection of these pipelines for safe- hard for me to comment on any amend- tional Governors’ Association speaks ty. We have raised the issue of the ments because the amendments have for the Governor of New Jersey or not, community’s right to know. We have not been proposed yet. I will respond but they go on to say: raised the issue of liability and the cer- briefly to the overall comments made On behalf of the nation’s Governors, we are tification of workers. by the Senators from New Jersey. writing to express our support for S. 235, a It was our hope to make progress Last year, after we passed the legis- bill to improve oil and gas pipeline safety, today on the principal of these, which lation, U.S. Transportation Secretary and encourage prompt passage of such legis- would be the inspection of the pipelines Slater issued the following statement: lation. themselves, believing and taking great NGA’s policy supports pipeline safety leg- I commend the U.S. Senate for taking faith in the conference following the islation that provides states with the au- swift and decisive action in passing the Pipe- passage of this legislation that Senator thority to protect our citizens from pipeline line Safety Improvement Act of 2000. This MCCAIN would represent our bipartisan explosions and leaks. States should be au- legislation is critical to making much-need- thorized to establish standards that do not interests. We know of his own commit- ed improvements to the pipeline safety pro- conflict with but may exceed federal stand- ment to safety on the issue of the qual- gram. It provides for stronger enforcement, ards. Our policy also endorses the ability of ification of the workers and the com- mandatory testing of all pipelines, commu- states to enforce violations of federal or munity’s right to know and are leaving nity right-to-know information, and addi- state standards. tional resources, all hallmarks of the Clin- those for another day. We believe we ton-Gore administration bill on pipeline The Governors, the utility commis- can find common language on the issue safety that was transmitted to the Senate by sioners, the former Secretary of Trans- of the inspections of the pipelines Vice President Gore on April 11, 2000. portation, Secretary Slater, all are in themselves. Senators CANTWELL, MUR- I commend in particular the Commerce support of this legislation. RAY, and I join Senator CORZINE who is Committee Chairman and Ranking Member, A majority of the House of Rep- prepared to offer an amendment. Senators McCain and Hollings, as well as resentatives did vote in favor of this I yield to Senator CORZINE at this Senators Murray and Gorton for their hard time. work . . . I thank the many others who legislation last year. It was taken up worked for the U.S. Department of Transpor- under a procedural situation that re- AMENDMENT NO. 10 tation and the Administration in seeking the quired a two-thirds vote. Mr. CORZINE. Mr. President, I send highest possible level of safety for our na- I assure the Senators from New Jer- an amendment to the desk, and I ask tion’s pipelines, including Senators Binga- sey, after passage through the House of for its immediate consideration.

VerDate 08-FEB-2001 04:23 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.095 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1193 The PRESIDING OFFICER. The lieve, do not adequately do the job in I thank Senator MURRAY, Senator clerk will report the amendment. ensuring the safety of nearly 2 million TORRICELLI, Senator CORZINE, and espe- The legislative clerk read as follows: miles of pipeline networks around this cially Senator BREAUX. I was thinking The Senator from New Jersey [Mr. country. as I watched Senator BREAUX negotiate CORZINE], for himself, Mr. TORRICELLI, Ms. Indeed, we heard earlier from Sen- this agreement, I nominate him to be CANTWELL, and Mrs. MURRAY, proposes an ator MURRAY that our State, Wash- the Middle East peace negotiator. He amendment numbered 10. ington, has faced the tragic con- might be able to achieve that since he Mr. BREAUX. I ask unanimous consequences of unsafe pipelines head on. has had so much practice around here sent reading of the amendment be dis- Two years ago, in a park near Bel- on the floor of the Senate. Certainly it pensed. lingham, two 10-year-old boys died in a was with some entrenched constitu- The PRESIDING OFFICER. Without blast of flames and one young man encies. objection, it is so ordered. drowned after being overcome by fumes I do thank him for his hard work The amendment is as follows: when an aging pipeline burst. This was there. I think this amendment is very The assessment period shall be no less than the worst of many pipeline accidents in acceptable, and following Senator every 5 years unless the DOT IG, after con- our State, which has suffered from 47 BREAUX’s comments, hopefully we can sultation with the Secretary determines— reported incidents and more than $10 move the amendment. Then I would There is not a sufficient capability or it is million in property damage between like to be recognized for a unanimous deemed unnecessary because of more tech- 1984 and 1999. consent agreement so we can have final nically appropriate monitoring or creates My State is not alone, as you saw undue interruption of necessary supply to passage. fulfill the requirements under this para- from the charts that Senator MURRAY I yield the floor. graph. and Senator TORRICELLI displayed, in The PRESIDING OFFICER. The Sen- facing the consequences of substandard Mr. CORZINE. Mr. President, before I ator from Louisiana. pipeline safety. Just last August, in read the amendment, I will preface it Mr. BREAUX. Mr. President, I thank Carlsbad, NM, 11 people, including 5 the chairman for his comments. Let me by expressing my gratitude to Senator children, died when a nearby pipeline MCCAIN and Senator BREAUX for their make just a couple of comments to explosion rained fire on their campsite. hopefully maybe put out some addi- cooperation in working to address what Again I applaud Senator MURRAY and all Members believe is an extraor- tional information on what exactly I Senator MCCAIN for their efforts in try- think the amendment does and why I dinarily important issue with regard to ing to improve, through this legisla- inspections. I think all Members will can be supportive of it. tion, pipeline safety not just for the I think all of us want to have as be better served because of the efforts States of Washington, New Jersey, and all Members, cooperatively and in a bi- much inspection of pipelines as nec- New Mexico, but for the whole country, essary to ensure their safety. There are partisan way, brought forward. so they may not face the tragedy the The amendment reads: a couple of problems with just an arbi- people of our States have faced. trary statement that says we have to The assessment period shall be no less than I believe one of the weaknesses of the every 5 years unless the DOT IG, after con- inspect all the pipelines every 5 years. underlying bill had been the issue of re- No. 1, some of them should be inspected sultation with the Secretary determines — porting and the bill’s reliance on the more than every 5 years. Pipelines that There is not a sufficient capability or it is Department of Transportation’s Office deemed unnecessary because of more tech- are in high-risk areas or are in danger of Pipeline Safety for implementing nically appropriate monitoring or creates of being interrupted because of natural guidelines we are seeking. OPS has not undue interruption of necessary supply to causes should be inspected more than had a great record. In a June 2000 re- fulfill the requirements under this para- every 5 years. On the other hand, there port, the GAO found that, since 1988, graph. are pipelines that do not necessarily OPS has failed to implement 22 of the Let me say I hope the other issues need to be inspected every 5 years for 49 requirements mandated by Con- with regard to certification—particu- various reasons. So just to have an ar- gress—almost half of those require- larly inspectors and operators, consid- bitrary date, as I think originally was ments—and 10 of these 22 requirements eration of civil liabilities—are things being considered, is not appropriate. are now between 5 and 11 years over- that will be considered as we progress What we have here is a requirement with regard to this legislation. But I due. Moreover, the report exposed that which is a general requirement that all think this is a major step forward. I am OPS has the lowest rate of any trans- lines be inspected every 5 years, but very grateful to the sponsors for their portation agency for implementing the giving the Department of Transpor- willingness to consider the efforts we NTSB regulations. Indeed, the GAO re- tation, through the inspector general, are bringing to bear on inspections. I port concluded that OPS: some ability to make decisions on how thank my colleagues. that should be actually conducted. The PRESIDING OFFICER. The Sen- . . .is a weak and overly compliant regulator that seldom imposes fines when viola- What the amendment says is: Yes, ator from Washington. tions are found, fails to fully involve State they will be inspected every 5 years un- Ms. CANTWELL. Mr. President, I officials and often ignores reforms demanded less there is not the capability to do so. rise in support of the amendment of- by Congress. We all know so-called pig inspection, fered, that has been designed by Sen- I think the amendment offered by my where you run equipment through the ator CORZINE and offered by Senator colleagues and myself will go a long line, is only capable of doing about 30 TORRICELLI, Senator MURRAY, and my- way in making sure there are at least percent of the lines. So we have to look self. I want to take this opportunity to the reporting requirements mandated at the capability to do it in that fash- thank the sponsor for his diligence, not on a 5-year basis. ion or in another fashion. The Depart- just on this amendment but the others, I look forward to continuing to work ment of Transportation, through the in hopes of improving the bill in the with the sponsors of this legislation inspector general, will have the obliga- process. and the Washington delegation in the tion to make the determination of the I know this has been a long process House and other Members on improv- capacity to do this. I would like them for many who have been involved in- ing this legislation through the proc- to develop the capacity. That is going cluding the senior Senator from my ess. to be part of the appropriations proc- State. I applaud her for her diligent ef- The PRESIDING OFFICER. The Sen- ess. We have some key people in that forts along with Senator MCCAIN, in ator from Arizona. process to give them greater capa- trying to improve pipeline safety. Mr. MCCAIN. Mr. President, I thank bility. As our Nation moves forward to meet the Senators from New Jersey for The second exemption would be if it our increasing energy needs in an envi- bringing this very important issue as is determined, again by the Depart- ronment where the supply of natural part of this legislation. I think it is an ment of Transportation through the in- gas is very important, we need to also important issue, pipeline inspections. I spector general, that it is unnecessary make sure that pipeline safety is im- think we have reached a very reason- because of other technology being plemented. As they currently stand, able result, and their amendment em- used—to assure the safety of that line. our current laws and regulations, I be- bodies that. For instance, there are lines that have

VerDate 08-FEB-2001 04:23 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.099 pfrm02 PsN: S08PT1 S1194 CONGRESSIONAL RECORD — SENATE February 8, 2001 constant monitoring on them. They are First, ‘‘there is not sufficient capa- problems for a community to be with- not inspected every 5 years. They are bility’’ means strictly there is not the out any natural gas, for instance, at a constantly monitored and inspected for equipment available; there is not the time when they desperately need it. any corrosion or any leaks. I think it personnel available. The Secretary will Mr. TORRICELLI. I thank the Sen- would be foolish to require that line to be certifying this was just not possible ator from Louisiana. For my pur- undergo an additional inspection every to get done simply because of a short- poses—and I think Senator CORZINE is 5 years if in fact it were being mon- age. concerned about these large pipelines itored on a constant basis. That is the Mr. BREAUX. If the Senator will delivering liquid and natural gas type of thing we are talking about in yield, I agree with his explanation of through the Northeast through densely that part of the amendment. that section. populated suburban communities in The third thing is to say it would be Mr. TORRICELLI. Second, we dis- New Jersey—we have met our objec- inspected every 5 years unless that in- cussed at some length ‘‘deemed unnec- tive; that is, the level of technology for spection would create an undue inter- essary because of more technologically inspection must be extraordinarily ruption of supplies. I wouldn’t want to appropriate monitoring.’’ This escape high or there will be regular inspec- shut down Newark, NJ, on a line that was created because the Senator from tions, so people living in proximity to is running perfectly and has a good his- Louisiana noted some lines have con- these pipelines know they can be as- tory, to do an inspection, if that would stant monitoring. They do not need to sured of its safety. be unnecessary and unduly interrupt be inspected every 5 years because they The RECORD should also reflect that the supplies of natural gas to that are inspected every minute. That was we actually discussed having some area. our intent here, not that someone other exemption for places that are So I think, with those caveats, the comes forward and says: We think that sparsely populated. It was noted that concept of doing it every 5 years is OK. is a well-designed pipeline and well under no instances, given the density It is fine. I think we are putting the done, so leave that one for 20 years. of the population in the Northeast or I burden where it belongs, on the Depart- This was, as the Senator noted, be- assume in California or in Illinois, ment of Transportation and the Office cause of constant monitoring. Is that would that be appropriate. of Pipeline Safety, through their in- the understanding of the Senator from This affords us the protection we spector general, to make sure that the Louisiana? need, and for that I am very grateful. inspections are doing what we want. Mr. BREAUX. That is the intent. Again, my thanks to Senator MCCAIN. I think the bill addresses a number of There may be something other than Mr. DOMENICI. Will the Senator the concerns of our colleagues from constant monitoring that can lead yield? New Jersey and Washington about them to the same conclusion. Right Mr. REID. Will the Senator yield making sure we have trained workers. now, constant monitoring would be the while Senator MCCAIN and I enter a This bill says what the worker training type of technology that would assure unanimous consent request? programs will be and they have to file the safety of that pipeline. There may Mr. DOMENICI. I did not hear the it with OPS and make sure they have be something tomorrow that will be Senator. Mr. REID. Senator MCCAIN and I an adequate training program for all of just as good as constant monitoring. I want to propound a unanimous consent their workers. do not know that would be there. It The public’s right to know has been request. would be a technology that would en- Mr. DOMENICI. I wish to speak to greatly increased. I know Senator sure the integrity and safety of that this amendment for a moment. MURRAY had a great deal to do with the pipeline. That will be equally as good Mr. McCAIN. Maybe we ought to public’s right to know. I don’t know if or better than an inspection. wait. every individual in the country needs Mr. TORRICELLI. In any case, this is Mr. President, I ask unanimous con- to know where every high-pressure not some general escape where people, sent that following the adoption of the valve is on a pipeline. There is some sein the future, who live in New Jersey amendment, after the statements by curity involved here. We are concerned will say: We think that is a good pipe- both Senators from New Mexico, the about sabotage of lines or disruption of line under the technology that was vote occur on passage of S. 235, as lines by people intent on doing vio- built so we are never going to inspect amended, and that paragraph 4 of rule lence to areas. To make that type of it. XII be waived. information available to everybody all The Senator was very specific about The PRESIDING OFFICER. Is there the time without any consequences is the kind of technology involved; that it objection? going a little bit too far. People who offered a superior guarantee. Mr. REID. Reserving the right to ob- are involved in safety, fire departments Mr. BREAUX. Equal or superior. ject, it is my understanding that prior and safety people, will get that infor- Mr. TORRICELLI. The last element to the vote Senator DOMENICI wishes to mation quickly as soon as it is on file. on this was ‘‘created an interruption of speak for 5 minutes, Senator BINGA- And the public will have a right to supply,’’ which I take it means simply MAN, 5 minutes, and Senator CANTWELL know the information that they need shutting down the pipeline for inspec- 5 minutes, and that following the adop- to protect their local communities. tion without an alternative means of tion of this amendment, on which Sen- So I think the concerns have been ad- delivering the liquid or the natural gas ator DOMENICI wants to speak before it dressed by our colleagues. The bill does and people would be without the prod- is adopted, we vote on final passage, an awful lot to improve the current sit- uct; that there was no way to do the in- unless the Senator from Arizona wishes uation, because of their involvement in spection without shutting this off and to speak. this amendment, as I understand it to creating an economic or other kind of The PRESIDING OFFICER. The Sen- be, and it would be an improvement as hardship. ator from New Mexico. well. Mr. BREAUX. The Senator’s point is Mr. BINGAMAN. Mr. President, my Mr. TORRICELLI. Will the Senator well taken. If you have to dig up a only amendment will be that I be added yield? pipeline, obviously that is going to as a cosponsor to the amendment of Mr. BREAUX. Yes. cause an interruption of supply. Some- the Senator from New Jersey. Mr. TORRICELLI. First, I again times lines have to be dug up to be in- Mr. MCCAIN. Mr. President, I revise thank Senator BREAUX for his leader- spected. That creates a disruption of my unanimous consent request that ship in helping to fashion this amend- supply. That does not mean that in- following the adoption of the amendment, but since this was not drafted in spection should not be done. ment, Senators CANTWELL, BINGAMAN, committee and was literally written on What we are trying to get at is inter- and DOMENICI be allowed to speak for 5 the floor, I want to ensure the RECORD ruptions that would work an undue minutes; following that, the vote occur properly reflects our mutual intent. hardship on communities by having an on passage of S. 235, as amended, and There is a 5-year requirement for in- inspection that may not be necessary. that paragraph 4 of rule XII be waived. spection basically with three escape That is what we are talking about—not The PRESIDING OFFICER. Without clauses that I think should be properly a normal interruption, but an unneces- objection, it is so ordered. The Senator understood and defined. sary interruption that would cause real from New Mexico.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.103 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1195 Mr. DOMENICI. Mr. President, I call The rupture did kill 12 people. Shortly The PRESIDING OFFICER. Without to the attention of Senators on the thereafter, there was a 13th person who objection, it is so ordered. floor, in particular Senator BREAUX died later from injuries received at the (See Exhibit 1.) and Senator MCCAIN and perhaps the site. It was a terrible tragedy for our Mr. BINGAMAN. We do have a series New Jersey Senators, that one of the State and for the entire country. of near-term crises related to energy in issues being discussed as we work on After visiting the site with the per- the country. We are more and more this bill is the advancement of tech- sonnel from the Office of Pipeline Safe- aware of those families and businesses nology so inspections can be done bet- ty, it became clear to me that that of- that have been hit by winter heating ter. fice did not have adequate resources to bills. There are high natural gas prices There is a very interesting new tech- do what it needed to do and it did not affecting power prices in the western nology—this bill provides for some have adequate authority to do what it part of the country. Natural gas is a more money for research and tech- needed to do. feedstock for the fertilizer industry, nology—but there is a very interesting There are over 500,000 miles of inter- and the high prices have shut down technology that is about to be offered state pipeline in the United States. production of fertilizer in some parts of to the pipelines that has been devel- That agency needs the additional au- our country. Farmers are not going to oped by a little company in New Mex- thority contained in this bill in order find adequate supplies for the spring ico. Their name is LaSen Corporation. to address the different circumstances planting season. They have developed a system where a of individual pipelines. The Senate bill The PRESIDING OFFICER. The Sen- device is put on a light airplane and requires each and every interstate nat- ator’s 5 minutes have expired. Mr. BINGAMAN. Mr. President, I ask you fly over the pipeline. The device ural gas and hazardous liquid pipeline unanimous consent for another 2 min- picks up the radiation from any kind of to develop and implement an integrity management plan. utes. leakage whatsoever, reports it to the The PRESIDING OFFICER. Is there The bill gives the Office of Pipeline instrumentation. They can do 500 miles objection? of pipeline a today, where today we do Safety the authority to impose rig- Without objection, it is so ordered. 5 to 10. They can do it at a cheaper orous requirements to address areas Mr. BINGAMAN. Mr. President, nat- price. with the greatest likelihood of failures ural gas prices are only part of the With this bill putting a little more and, specifically, to address aging pipe- problem. After a number of years of into technologies and companies with lines and those in populated or envi- surplus gas supplies, pipeline capacity, innovation such as this one, we are ronmentally sensitive areas. and high electricity reserve margins, going to find better ways to do the in- The transmission line in New Mexico, we are bumping up against the con- spections covering a greater number of as I said, was crossing the Pecos River straints of our infrastructure in each of miles per day at much cheaper rates. at the place where it ruptured. The these areas. We need to deal with that. This bill will push that. In the mean- bend in the pipe that was required in I hope we can this spring. We are going time, entrepreneurs are finding some order to cross that river was part of the to work on legislation in the Energy exciting technologies such as this little problem that led to the rupture of the Committee to do that. company that will have these devices pipeline. As best we can determine, the Passage of this pipeline safety bill is very soon. I yield the floor. pipeline ruptured because of internal a small but a very important step to Mr. MCCAIN. Mr. President, I urge corrosion in the line. The line was 40 or help restore public confidence in the adoption of the amendment. so years old. It is a very longstanding pipeline infrastructure and to avoid The PRESIDING OFFICER. The line. There had not been adequate in- these catastrophes in the future. I be- question is on agreeing to amendment spection, particularly inspection that lieve this will be an appropriate step to No.10. would have caught that internal corro- take. I hope very much, after we pass The amendment (No. 10) was agreed sion. this bill—as I believe we will today— to. In the hopes of preventing other the House of Representatives will take Mr. MCCAIN. Mr. President, I move problems such as this which have gone it up and pass it quickly so that the Of- to reconsider the vote, and I move to undetected, and the ability to move fice of Pipeline Safety can get about lay that motion on the table. some of the equipment that is used to the business of better inspections to The motion to lay on the table was determine internal corrosion that is avoid catastrophes such as we faced agreed to. impeded when you have a sharp bend in near Carlsbad this last year. Mr. MCCAIN. Mr. President, I con- the pipe, which is what we had there Mr. President, I yield the floor. gratulate Senator CANTWELL and Sen- where the pipe was crossing the river, I EXHIBIT NO. 1 ator CORZINE for their initial success in introduced a bill to set up a coordi- [From the Energy Daily, Feb. 6, 2001] the Senate. nated research and development pro- PIPELINE BOTTLENECK TO PINCH GAS The PRESIDING OFFICER. The jun- gram. I am very pleased to say that has SUPPLIES FOR NEW ENGLAND IPPS ior Senator from New Mexico. been incorporated into this bill that we (By Jeff Beattie) Mr. BINGAMAN. Mr. President, I are voting on today. In a stark warning that New England’s want to speak on the bill for a very few These natural gas and liquid pipe- power supply is becoming over-dependent on minutes, and, of course, congratulate lines are a critical element of the Na- natural gas, the region’s grid operator said Senator CORZINE and the other cospon- tion’s energy infrastructure. They pro- Monday that natural gas pipelines will not sors for the amendment that was just vide a cost-effective and relatively safe be able to fill generators’ requirements by 2005, leaving them unable to operate 3,000 adopted, which I strongly support. means of delivering energy. As our megawatts of gas-fired capacity. This bill overall is very important to economy has grown and become in- The study released by ISO New England the people of my State. Senator creasingly urbanized, the siting of new Inc. predicted ‘‘substantial unserved gas re- DOMENICI and I had the experience of pipelines has become more and more of quirements’’ by 2005 absent major changes in learning last August of a terrible rup- a challenge. At the same time, the im- infrastructure or fuel use. ture of a high-pressure natural gas portance of having these lines has in- The independent system operator urged a pipeline coming through New Mexico streamlined regulatory process to expand creased dramatically, and the impor- pipeline capacity and—in a proposal that on its way to California. It occurred on tance of ensuring the safety of these raised generators’ hackles—called for re- August 19 near Carlsbad, NM, at 5:30 in lines has increased dramatically. quirements that new independent gas-fired the morning. Unfortunately, the rup- Earlier this week, the Energy Daily plants develop backup capabilities to burn ture occurred at a place where the reported that inadequate pipeline ca- oil. pipeline crosses the Pecos River. It was pacity into the northeastern part of The study said the gas crunch was devel- a place where many people came to fish this country will create serious power oping because gas-fired generating capacity and camp. supply problems in the next few years. is expected to triple between 1999 and 2005, There was a large family there, an Mr. President, I ask unanimous con- rising from 16 percent of total capacity to 45 percent. extended family and friends who were sent that the article from the Energy At the same time, pipeline capacity is not camped there that night and the next Daily be printed in the RECORD fol- increasing at the same pace, meaning inde- morning when the rupture occurred. lowing my statement. pendent generators likely will have to keep

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.106 pfrm02 PsN: S08PT1 S1196 CONGRESSIONAL RECORD — SENATE February 8, 2001 3,000 MW idle in the 2005 peak heating season Costello said also said ‘‘draconian environ- ington, and later, in my own state of due to lack of gas. The study said smaller, mental regulations’’ were part of New Eng- New Mexico. brief shortfalls could occur in the winter of land’s gas-dependence problem. On August 19, 2000, twelve members 2003. The study said independent generators The PRESIDING OFFICER. The sen- of an extended family were on a camp- would feel the impact before utilities be- ior Senator from New Mexico. cause the current system’s operational flexi- ing and fishing trip along the Pecos bility could not meet coincident needs of Mr. DOMENICI. Does the Senator de- River near Carlsbad, NM. Just after both, and ‘‘the demands of utilities are sire to speak? I will be glad to let the midnight, a natural gas pipeline ex- scheduled first—the majority of throughput Senator proceed, and then I will follow. ploded, sending a 350 foot high ball of for generation is subordinated.’’ The PRESIDING OFFICER. The Sen- flame into the air. Six of the campers Conducted by Boston-based Levitan and ator from Washington is recognized for died instantly. The six remaining fam- Associates Inc., the study also suggests that 5 minutes. ily members later died from their hor- the ability of gas-fired generators to switch Ms. CANTWELL. I say to my col- rific injuries. ‘‘on-the-fly’’ to distillate oil will be crucial league from New Mexico, I appreciate I am not here today to argue the rea- not only to meet the potential shortfall but being deferred. And I say to my other to take up slack in the event one of the re- sons why pipeline tragedies, such as gion’s major pipes has an accident or shut- colleague from New Mexico, I appre- the one in Carlsbad, continue to occur. down. ciate and wish to be associated with his I am not here today to further admon- The ISO said switching to oil was workable remarks. ish the traditionally poor regulatory because 5,900 MW of generation capacity Obviously, we are here discussing the enforcement by the Office of Pipeline have air permits that permit such switching. best ways to move forward on pipeline Safety. The region’s shortfall stems from a pro- safety for the country. Obviously, de- In that regard, I am confident that jected installation of between 7,500 and 11,600 spite the troubling record, this bill MW of gas-fired generation by 2005. Virtually the new Administration will assume its all of the new generating facilities plan to puts much of the responsibility of addi- responsibility to vigorously oversee use gas from Western Canada, the Gulf tional standards into the hands of the and enforce pipeline regulations. Coast, or—increasingly—from new reserves Transportation Department and the Of- What I am here to do today, is to off the coast of Nova Scotia. fice of Pipeline Safety. work so that we don’t have to think Pipeline industry officials say the In this legislation, we are relying on twice before camping with our families Northeast’s problems are not surprising the Office of Pipeline Safety—a small and friends. I am here to do my part, to given the obstacles thrown up to the indus- office of only 55 inspectors—to be the try’s efforts to add capacity to the five assume my responsibility, so that pipe- major interstate pipeline systems now serv- principal Government agency respon- line tragedies like in Carlsbad, do not ing the region. sible for ensuring the safety of 2 mil- happen again. ‘‘FERC delayed one projected by over a lion miles of our Nation’s pipelines. Pipelines carry almost all of the nat- year and a half because they had 7,000 land- After years of failure in responding ural gas and 65 percent of the crude oil owner complaints,’’ said Jerry Halvorsen, to congressional mandates—not having and refined oil products. Three primary president of the Interstate Natural Gas Asso- the capacity—one of the key issues for types of pipelines form a network of ciation of America (INGAA). ‘‘But we went me, as this bill moves through the nearly 2.2 million miles, 7,000 of which into the FERC document room and identified process of the other body, and through that only 5 percent of those complainants lie in my own state of New Mexico. were actually along the right of way, and in a conference committee, will be the Pipelines stretch across our country. one case they had counted one letter 14 level of support for funding given to They allow us to obtain energy re- times.’’ the Office of Pipeline Safety and their sources quickly and economically. Halvorsen also pointed to opposition from ability to take on the monitoring re- In light of the energy crisis in Cali- utilities concerned that expansion would pri- sponsibilities and the responsibilities fornia, and in the west in general, the marily feed independent generators, and en- of the amendment that was offered by value of our nation’s pipeline system is vironmental agency concern about stream Senator CORZINE, myself, and others, obvious. We must have access to en- crossings. He added that the Federal Energy Regu- which was adopted. ergy. latory Commission, under the leadership of The pipeline safety disruptions not Therefore, pipelines and the potential new Chairman Curt Hebert, seems now to be only endanger human health and safety hazards they pose affect us all. It is headed in the right direction. but the leaks and explosions and fires time that we do something to ensure ‘‘I think FERC will do what it has to,’’ he associated with pipeline ruptures can our safety while protecting our access said. devastate the environment and disrupt to energy. The ISO suggests a number of ways to both critical energy flows. Mr. President, this bill: increase the flow of natural gas and reduce Ultimately, considering the increas- dependence, including: Requiring merchant Significantly increases States’ role generators to certify the ‘‘character and ing incidents of pipeline disruption, in oversight, inspection, and investiga- quality’’ of their gas transportation; addi- and a system that has led to over 243 tion of pipelines. tional modeling to predict impacts of system pipeline-related deaths since 1990, the Improves and expands the public’s breakdowns; and support for streamlining unfortunate state of pipeline safety in right to know about pipeline hazards. federal pipe approval. this country demands that we make Dramatically increases civil pen- ‘‘These fixes are doable if we get started this a higher national priority. alties for safety and reporting viola- now,’’ said ISO Vice President of System Op- I believe the bill today—unlike the tions. erations Stephen Whitley. ‘‘If you wait until winter’s over and forget about it because the version prior to being amended, which Increases reporting requirements of cold weather’s gone, and then start talking was not a better bill—with this amend- releases of hazardous liquids from 50 about it later, that would be terrible.’’ ment that was adopted is a better bill, barrels to five gallons. Officials representing New England genera- but I can only support this in the final Provides important whistle blower tors generally agreed with the findings of the passage out of conference if we con- protections prohibiting discrimination ISO’s study, but objected to its recommenda- tinue to improve the bill through the by pipeline operators, contractors or tion that IPPs be required to have fuel- process. I will be working diligently subcontractors. switching capability. with my colleagues from around the Furthermore, the legislation would ‘‘We would oppose that,’’ said Neal Costello, general counsel for the Competitive country, with the delegation in Wash- provide much needed funding for re- Power Coalition of New England. ‘‘ISO New ington, and in the House to make sure search and development in pipeline England need to understand that they were that is a reality. safety technologies. created to facilitate the development of a I thank the Chair. In fact, technology currently exists competitive wholesale market. They are not The PRESIDING OFFICER. The Sen- that might have detected weaknesses ‘The Great Regulator,’ which is unfortu- ator from New Mexico. in pipelines around Carlsbad. Unfortu- nately sometimes how they view their role. Mr. DOMENICI. Mr. President, I am nately, due to insufficient funding ‘‘The fuel-switching capabilities of plants pleased to cosponsor a bill to mod- those products have yet to reach the can be somewhat misleading. Let’s be honest about it: We [the generators] would be ernize our nation’s pipeline safety pro- market. switching from gas that people use to heat grams. The issue of our country’s pipe- La Sen Corporation in my own State their homes, to distillate oil that people use line safety came to the forefront after of New Mexico has developed tech- to heat their homes.’’ tragic explosions in Bellingham, Wash- nology that can detect faulty pipelines

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.020 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1197 where current pipeline inspection tech- better. I am quite certain, that the a vital ingredient of our energy infra- nology is not useable. La Sen’s Elec- small corporation to which I referred structure. tronic Mapping System can be very ef- the Senate a minute ago, La Sen Cor- This legislation takes several impor- fective even in pipelines where conven- poration in New Mexico is not the only tant steps in improving the safety of tional pig devices cannot be used. technology around, but it is among the America’s oil and natural gas pipelines. Pipeline inspection is costly and most exciting. We are quite sure that There are several elements of this leg- slow. Innovative new technologies company is going to succeed and that islation that I would like to highlight. could allow us to inspect all 2.2 million we will be inspecting the pipelines of First, this legislation requires the im- miles of pipeline each year in a cost ef- our country, whether they hang above plementation of pipeline safety rec- fective manner. Today, pipeline inspec- ground in some areas or whether they ommendations recently issued by the tion technology only covers 5–10 miles are underground. They are going to in- Department of Transportation (DOT) per day at a cost of $50 per mile. Again, spect them from small airplanes with Inspector General to the DOT Research La Sen’s technology can survey 500 technology on board that will be so and Special Programs Administration miles per day at a cost of $32 per mile. technically significant, with reference (RSPA). The Inspector General has rec- The bottom line is that today, we can to detection of the composites that are ommended that the pipeline industry take action that will hopefully make part of either natural gas or crude oil finalize outstanding Congressional pipelines safer. in the pipelines. They will detect and mandates protecting sensitive environ- I encourage my colleagues to recog- report those composites, much like a mental areas and high-density popu- nize the potential dangers that pipe- radar screen in these small airplanes. lation areas. Moreover, it calls for the lines pose and to minimize those dan- If that occurs, as I indicated a while implementation of a training program gers by unanimously passing this legis- ago, instead of 5 to 10 miles a day, with for the Office of Pipeline Safety (OPS) lation. crews and current equipment, we will inspectors. Mr. President, on August 19th, New inspect 500 miles a day, and it will be Second, it requires pipeline operators Mexicans, and the country to some ex- ultimately cheaper per mile. That is to submit to the Secretary of Trans- tent, woke up to find out that at a what ultimately has to happen. This portation, or the appropriate State reg- camping site near Carlsbad, NM, right bill helps. It does put more money and ulatory agency as the case requires, a by our second largest river, which has directs more research into pipeline plan designed to enhance the qualifica- been frequently used by families, that safety technologies. tions of pipeline personnel. I hope that a pipeline exploded reigning fire and I yield the floor. this approach, in which the pipeline op- terror. Six people died instantly and Mr. KENNEDY. Mr. President, this erators themselves are consulted on six other family members and friends bill authorizes the Secretary of Trans- the proper safety and training quali- died shortly thereafter. And then one portation to take the steps necessary fications of their personnel, is a coop- additional lived for a while and then to protect the families of communities erative one that will not only increase died. served by pipelines that are, or could It was a very tragic event for a small public safety, but also encourage the be, hazardous. Under Section 14 of the State, especially a State where we pipeline industry to take ownership in bill, the Secretary can order necessary know how important natural gas is. We the standards they are called upon to corrective action for hazardous facili- produce a lot of it. We know how im- implement. ties, including closing the facilities. In Third, this bill calls upon the Sec- portant crude oil is. We produce a lot retary of Transportation to issue regu- of it. But nonetheless, it was thought the case of pipeline accidents, the Sec- by many that we could do better, that retary can remove or reassign respon- lations that require hazardous liquid these kinds of things should not hap- sible employees. pipelines and natural gas transmission The Secretary’s authority to deal pen. pipelines to evaluate the risks of the I am not an expert, but I do believe with pipeline accidents and safety haz- operator’s facilities in environmentally that, as the facts have determined sub- ards can and should be exercised in sensitive and high-density population sequent to that event, the Nation’s in- ways that treat workers at pipelines areas, and to implement a program for spection mechanism for pipelines has and pipeline facilities fairly. Under the integrity management that reduces been underfunded, understaffed, and bill, the Secretary may direct pipeline identified risks of an incident in those probably at a minimum, lackadaisical, operators to relieve employees from areas. Under these guidelines, the pipe- and to some extent totally asleep. their duties, reassign them, or place line operator’s integrity management This bill says it is a far more impor- them on leave for an indefinite period plan must be based on risk analysis tant issue. And it comes at exactly the of time—all without any provision for and must include a periodic assessment right time. Because we are assessing those employees to receive compensa- of the integrity of the pipeline through our country’s energy situation. We are tion or benefits. Employees who may methods including internal inspection, going to find, when the President’s ultimately be determined to bear no pressure testing, direct assessment, or task force reports, that we are growing responsibility for an accident could be some other effective methods, to en- more and more dependent upon natural put on extended unpaid leave under the sure that identified problems are cor- gas and becoming more and more de- bill. I believe that greater protections rected in a timely manner. Again, I am pendent upon foreign oil. Everyone are needed for the men and women who hopeful that this integrity manage- should know that pipelines are very work at the nation’s pipelines and pipe- ment plan will allow operators to be important solution to our energy cri- line facilities. The vast majority of even more pro-active in identifying po- sis. these workers are dedicated to pro- tential problems and correcting them We already know there are 2.2 mil- tecting the health and safety of the before any accidents occur. lion miles of pipeline carrying natural communities they serve. As we go to Fourth, this legislation requires an gas across this country. Sixty-five per- conference with the House on this im- operator of a gas transmission or haz- cent of the crude oil refined is in these portant bill, I urge the conferees to ardous liquid pipeline facility to carry pipelines. And 7,000 of these miles are amend this provision to avoid the pos- out a continuing public education pro- in the State of New Mexico. This bill sible mistreatment of these workers. gram that would include activities to does a number of significant things to Mr. ENZI. Mr. President, I rise in advise municipalities, school districts, improve the situation and, perhaps, support of the Pipeline Safety Im- businesses, and residents of pipeline fa- make it such that we won’t have these provement Act of 2001. I commend the cility locations on a variety of pipeline kinds of problems in my State, and work of the chairman and ranking safety matters. Educating the commu- wonderful people like those whose rel- member of the Commerce Committee, nity on issues of pipeline safety should atives woke up and read about their Senators MCCAIN and HOLLINGS, for also serve to decrease the incidents of friends at this camp site that were their hard work on this legislation. I dangerous accidents in these areas. burned to death, at the pipeline rup- believe that this legislation takes a While no legislation can entirely al- ture site. balanced approach to an important leviate the elements of risk and danger Once again, the inspection process is issue and provides for an increase in from human experience, there are ways rather crude today. We have to do a lot public safety without unduly burdening that government, businesses, and local

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.111 pfrm02 PsN: S08PT1 S1198 CONGRESSIONAL RECORD — SENATE February 8, 2001 communities can cooperate to help erupted killing 12 members of an ex- spilling more than 70,000 gallons of gas- minimize risks of serious accidents. tended family on a camping trip. My oline. Further, national estimates rank When crafting such legislation, it is sympathies go out to all those involved Michigan second only to Texas in the also important to ensure that any addi- in these incidents. They are truly trag- number of repairs to damaged or leak- tional burdens we place on private ic. ing natural gas lines. Clearly, we need businesses will result in benefits that The Senate Commerce Committee comprehensive legislation which will outweigh those costs. This is especially and others have investigated the cause help prevent further tragedies like important in the area of oil and gas of this tragic record. What we found, those which have occurred in the pipelines, which are the arteries of en- sadly, is that OPS was simply failing United States over the past few years. ergy production that allow us to fuel to do its job. The head of the National This legislation would strengthen our cars, heat and cool our homes, and Transportation Safety Board, Jim Hall, pipeline safety regulations and encour- carry out countless activities in our gave the OPS ‘‘a big fat F’’ for its age increased participation from inter- daily lives. All the oil and natural gas work. As we considered the legislation ested and affected state agencies and in the world is worthless if we are un- in the Commerce Committee, I found communities as well as expand citizen able to get it to the American con- that OPS had fallen short in the area right-to-know provisions. It would also sumers. For this reason, I am espe- of enforcement, in particular. Enforce- provide increased funding to the devel- cially heartened by the cooperative ap- ment is the backbone of any system of opment of technologies to improve proach that was taken in preparing safeguards designed to protect the pub- pipeline safety. this legislation to ensure that all the lic and the enforcement. Without the Although this bill could be stronger, various stakeholders were heard and threat of tough enforcement, compa- it accomplishes many goals. I hope their legitimate concerns were incor- nies, the unfortunate record shows, do that when it comes back from Con- porated into this important legislation. not consistently comply with safe- ference, we will see an even stronger I urge my colleagues to join me in sup- guards. The resulting harm to people bill. However, I will support this legis- porting the Pipeline Safety Improve- and places is predictable and regret- lation at this time because I believe it ment Act of 2001. table. I will not outline all of the de- moves us in the right direction. Mr. KERRY. Mr. President, I rise to tails here today, but I recommend to Mr. SMITH of Oregon. Mr. President, make a short statement about the anyone interested that they read the as a co-sponsor of S. 235, the Pipeline Pipeline Safety Improvement Act of General Accounting Office’s investiga- Safety Improvement Act of 2001, I 2001. This bill is identical to legislation tion into OPS dated May 2000. would like to urge my colleagues to we considered and passed in the 106th The Pipeline Safety Improvement support this balanced bipartisan bill. Congress. Act of 2001 includes enforcement re- I am a new member of the Senate Last year, I took the time to outline forms and enhances the role of OPS Commerce Committee, and have been the problem we now face in regard to and the Department of Justice in en- privileged to be appointed as Chair of this issue, and I want to take a mo- forcement. These provisions, which I the Surface Transportation and Mer- ment to do that again. To understand proposed in the Commerce Committee chant Marine Subcommittee. I have this legislation, you must understand in the 106th Congress, will, I believe, also been a member of the Senate En- ergy and Natural Resources Committee the situation from which we started. put some teeth into our pipeline safety for a number of years. The federal government, through the laws. They include raising the max- In the past few years, I have heard Department of Transportation, regu- imum fines that OPS can assess a com- numerous witnesses discuss the need to lates more than 2,000 gas pipeline oper- pany from $500,000 to $1,000,000; ensur- obtain more supply and build more en- ators with more than 1.3 million miles ing that companies cannot profit from ergy infrastructure to service the in- of pipe and more than 200 hazardous noncompliance; clarifying the law re- creasing energy demand. On a number liquid pipeline operators with more garding one-call services; and allowing of occasions I have heard, for example, than 156,000 miles of pipe. To protect DOJ, at the request of DOT, to seek that demand in the natural gas market the public safety and the environment civil penalties in court to ensure that is expected to increase from 22 trillion and maintain reliability in the energy serious violators can be punished to cubic feet to 30 trillion cubic feet by system over that massive infrastruc- the fullest extent of the law. around 2010 to 2012 and that the inter- ture is an enormous challenge. The re- The bill makes other significant im- state natural gas pipeline industry is sponsibility for meeting that chal- provements to existing law. My col- having to spend over $2.5 billion per lenge, no matter how great it is, falls leagues Mr. MCCAIN and Ms. MURRAY year to build the necessary pipeline upon the industry and federal govern- have outlined many of these provisions and storage facilities to meet this de- ment, specifically, DOT’s Office of and how they will improve pipeline mand. Pipeline Safety. It is clear that both safety. In addition, Mr. CORZINE has of- More recently, these issues have OPS and the industry have failed to fered a successful amendment that will taken on a sense of urgency as the elec- rise to that challenge, and we have require pipeline inspections on a 5 year tricity problems in California have paid a high price. basis when appropriate. That is a sig- reached beyond that state to affect the According to the OPS, since 1984, nificant improvement. However, Mr. availability of electricity in Oregon there have been approximately 5,700 President, despite the improvements in and to significantly increase the rates natural gas and oil pipeline accidents the underlying bill and Mr. Corzine’s that my constituents are paying at nationwide, 54 of them in my home amendment, S. 235 falls short in some this time. state of Massachusetts. In the 1990s, areas. It is my hope that the legisla- I also know that it is important to nearly 4,000 natural gas and oil pipeline tion will be further improved in the assure the public that both new pipe- ruptures—more than one each day— House and in the House-Senate con- lines and existing pipelines are safe. caused the deaths of 201 people, injuries ference by including worker certifi- The Pipeline Safety Improvement Act to another 2,829 people, cost at least cation, enhancing right-to-know provi- puts into place a number of common- $780 million in property damages, and sions and other steps that would im- sense measures that will encourage resulted in enormous environmental prove environmental and public safety pipeline operators to coordinate safety contamination and ecological damages. protections. I look forward to con- and emergency procedures with na- Two accidents in particular show us tinuing to work on this legislation, im- tional and state officials. The improve- the tragic consequences of pipeline ac- prove it, and, ultimately, improving ments mandated by this bill will help cidents. On June 10, 1999, a leaking gas- the pipeline safety throughout the na- to eliminate accidents and decrease the oline pipeline erupted into a fireball in tion. very real hazards for those who live Bellingham, Washington. The fire ex- Mr. LEVIN. Mr. President, this legis- and work near the pipelines that criss- tended more than one and half miles, lation is very important to the people cross our nation. killing two 10-year-old boys and a of Michigan because we know what it is S. 235 requires the Office of Pipeline young man. The second accident took like to have pipeline safety concerns in Safety to promulgate regulations to replace in August in Carlsbad, New Mex- our own backyard. Last June, a gaso- quire operators of natural gas trans- ico. A leaking natural gas pipeline line pipeline ruptured in Michigan, mission pipelines and hazardous liquid

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.019 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1199 pipelines to evaluate the risks to the Once again, I want to thank my col- Today’s fuel prices are a daily re- pipeline, focusing on areas that are leagues for their work on this issue. minder that America is now at the highly populated or, in the case of haz- Mr. LOTT. Mr. President, today the mercy of foreign oil producing nations. ardous liquid pipelines, areas that are Senate has the opportunity to move However, before you blame your neigh- environmentally sensitive. one step closer to correcting an ex- bor’s SUV, your local fuel distributors, S. 235 also provides more opportunity treme disappointment of the 106th Con- the oil companies, the automakers, or for state and local government input gress. S. 2438, the Pipeline Safety Im- any of the other usual scapegoats, con- when new regulations are promulgated. provement Act of 2000, which passed sider this fact—America is one of the States that are interested in acting as the Senate unanimously on September leading energy producing countries in interstate agents can participate in 7, 2000, but never made it across the the world. This country has the tech- special investigations involving inci- finish line in the House of Representa- nology, alternative resources, and dents or new construction and assume tives, has been reintroduced this Con- enough oil and gas to be much more additional inspection or investigatory gress as S. 235, the Pipeline Safety Im- self-sufficient. America does not have duties or other activities under the provement Act of 2001. to revert back to the practices of the regulations issued by the Office of This legislation is the result of 1970s. The goal of the soon to be intro- Pipeline Safety. months of extraordinary bipartisan ef- duced energy policy legislation is to re- The Pipeline Safety Improvement fort by Senators JOHN MCCAIN, PATTY duce the dependence on foreign sources Act calls on pipeline operators to re- MURRAY, Slade Gorton, JEFF BINGAMAN by 50 percent by 2010. This goal can be view their public education programs and PETE DOMENICI. Significant con- accomplished, and with the accom- for effectiveness and modify them if tributions to the legislation were also plishment of this goal will be an in- necessary. Furthermore, S. 235 says the made by Senators JOHN BREAUX, FRITZ creased need for the use of pipelines— Office of Pipeline Safety may issue HOLLINGS, SAM BROWNBACK, RON safe pipelines. standards prescribing the elements of WYDEN, JOHN KERRY, KAY BAILEY There is no question that this bill an effective public communications HUTCHISON and BYRON DORGAN. would make much needed improve- I also feel some ownership of this ef- program. ments in pipeline safety. There will be fort. I serve on the Senate Committee As the new Chairman of the Surface time in the coming months to debate on Commerce, Science and Transpor- Transportation Subcommittee, I will energy policy. Let’s keep this bill clean tation, which prepared the bill for the become very involved in this pipeline and focus on pipeline safety. Senate’s consideration, and my home safety program. I plan to sit down with The PRESIDING OFFICER. All time the staff of the Office of Pipeline Safe- state of Mississippi hosts many, many miles of pipelines. These issues are ex- has expired. ty to learn more about their plans for The question is on the engrossment implementing legislation and what tremely important to me. S. 235 is an excellent bill. It is prob- and third reading of the bill. they may need to improve their effec- ably the most significant rewrite of our The bill was ordered to be engrossed tiveness. I also plan to oversee their pipeline safety laws in more than a for a third reading and was read the activities to make sure that, once Con- decade. It is a tough bill. third time. gress passes a reauthorization bill, It comes on the heels of horrific acci- Mr. MCCAIN. Mr. President, I ask for they will move to implement the inten- dents in Bellingham, Washington, the yeas and nays. tions of Congress. Carlsbad, New Mexico, and in locations The PRESIDING OFFICER. Is there a I know that S. 235 is the product of in Texas, that resulted in the deaths of sufficient second? bipartisan cooperation and I support a total of 17 people. There appears to be a sufficient sec- quick passage of this bill. The authors of this bill were deter- ond. Mr. DASCHLE. Mr. President, today mined to put the necessary specific re- The bill, as amended, having been the Senate is considering S. 235, legis- quirements into the pipeline safety read the third time, the question is, lation to improve the safety of pipe- statutes that would prevent these Shall it pass? The clerk will call the lines carrying oil, natural gas and haz- kinds of accidents from happening in roll. ardous liquids. I commend Senator the future. They were successful. The assistant legislative clerk called MCCAIN, Senator HOLLINGS, Senator The bill represents a watershed the roll. MURKOWSKI and Senator BINGAMAN for change in the types of requirements on Mr. NICKLES. I announce that the their work on this legislation. pipeline operators for inspection, pipe- Senator from Idaho (Mr. CRAPO) is nec- Over the past few years, deadly pipeline facility monitoring and testing, essarily absent. line explosions have destroyed homes employee training, disclosure of infor- Mr. REID. I announce that the Sen- and taken lives. There is no question mation, enforcement, research and de- ator from Georgia (Mr. MILLER) is nec- that safety standards need to be im- velopment, management and account- essarily absent. proved to ensure the safety of all ability. It is as comprehensive, tough, The result was announced—yeas 98, Americans and to avoid interruptions and complete as to be expected of a bill nays 0, as follows: of energy supplies that can lead to that emerged from a thorough process [Rollcall Vote No. 11 Leg.] shortages and significant price in- of hearings, both here and in the field, YEAS—98 creases. This legislation will help to data gathering, and working with the meet this goal by strengthening safety Akaka Corzine Hutchinson Administration, States and local Allard Craig Hutchison regulations, updating penalties for groups. Allen Daschle Inhofe safety violations, improving whistle- It is the kind of legislative work Baucus Dayton Inouye blower protections and providing in- product to be expected from the experi- Bayh DeWine Jeffords creased funding for safety research and Bennett Dodd Johnson ence, independence and determination Biden Domenici Kennedy enforcement. of the Senators who worked on S. 235. Bingaman Dorgan Kerry I also want to express my support for The pipeline industry had no choice Bond Durbin Kohl the objectives mentioned today by Sen- but to submit to this legislation. Boxer Edwards Kyl Breaux Ensign Landrieu ator TORRICELLI and Senator CORZINE, Last year it received the affirmative Brownback Enzi Leahy and my appreciation for the willing- vote of more than three fourths of the Bunning Feingold Levin ness of Senator MCCAIN and Senator Congress—all of the Senate and just Burns Feinstein Lieberman HOLLINGS to address these issues. It is Byrd Fitzgerald Lincoln under two-thirds of the House. It re- Campbell Frist Lott my hope that the final bill will include ceived the written praise of Secretary Cantwell Graham Lugar strong right-to-know, oversight, en- Slater and the Vice President Gore. Carnahan Gramm McCain forcement and worker certification Now, at a time when there is no ques- Carper Grassley McConnell Chafee, L. Gregg Mikulski provisions, and ensure that those who tion that this country is in dire need of Cleland Hagel Murkowski violate regulations are held account- a sound energy policy, the Senate has Clinton Harkin Murray able for their actions. Finally, we need the opportunity to address one very Cochran Hatch Nelson (FL) to ensure that adequate funding will be important component of that policy— Collins Helms Nelson (NE) Conrad Hollings Nickles available to meet all of these goals. pipelines.

VerDate 08-FEB-2001 04:23 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.087 pfrm02 PsN: S08PT1 S1200 CONGRESSIONAL RECORD — SENATE February 8, 2001 Reed Shelby Thompson of Transportation, or, in the case of an intra- sary because of more technically appropriate Reid Smith (NH) Thurmond state pipeline facility operator, the appro- monitoring or creates undue interruption of Roberts Smith (OR) Torricelli priate State regulatory agency, a plan that necessary supply to fulfill the requirements Rockefeller Snowe Voinovich is designed to enhance the qualifications of under this paragraph; Santorum Specter Warner Sarbanes Stabenow Wellstone pipeline personnel and to reduce the likeli- ‘‘(B) clearly defined criteria for evaluating Schumer Stevens Wyden hood of accidents and injuries. The plan shall the results of the periodic assessment meth- Sessions Thomas be made available not more than 6 months ods carried out under subparagraph (A) and after the date of enactment of this Act, and procedures to ensure identified problems are NOT VOTING—2 the operator shall revise or update the plan corrected in a timely manner; and Crapo Miller as appropriate. ‘‘(C) measures, as appropriate, that prevent The bill (S. 235), as amended, was (b) REQUIREMENTS.—The enhanced quali- and mitigate unintended releases, such as fication plan shall include, at a minimum, passed, as follows: leak detection, integrity evaluation, restric- criteria to demonstrate the ability of an in- tive flow devices, or other measures. S. 235 dividual to safely and properly perform tasks ‘‘(3) CRITERIA FOR PROGRAM STANDARDS.—In Be it enacted by the Senate and House of identified under section 60102 of title 49, deciding how frequently the integrity assess- Representatives of the United States of America United States Code. The plan shall also pro- ment methods carried out under paragraph in Congress assembled, vide for training and periodic reexamination (2)(A) must be conducted, an operator shall SECTION 1. SHORT TITLE; AMENDMENT OF TITLE of pipeline personnel qualifications and pro- take into account the potential for new de- 49, UNITED STATES CODE. vide for requalification as appropriate. The fects developing or previously identified (a) SHORT TITLE.—This Act may be cited as Secretary, or, in the case of an intrastate structural defects caused by construction or the ‘‘Pipeline Safety Improvement Act of pipeline facility operator, the appropriate installation, the operational characteristics 2001’’. State regulatory agency, may review and of the pipeline, and leak history. In addition, (b) AMENDMENT OF TITLE 49, UNITED STATES certify the plans to determine if they are the Secretary may establish a minimum CODE.—Except as otherwise expressly pro- sufficient to provide a safe operating envi- testing requirement for operators of pipe- vided, whenever in this Act an amendment ronment and shall periodically review the lines to conduct internal inspections. or repeal is expressed in terms of an amend- plans to ensure the continuation of a safe op- ‘‘(4) STATE ROLE.—A State authority that ment to, or a repeal of, a section or other eration. The Secretary may establish min- has an agreement in effect with the Sec- provision, the reference shall be considered imum standards for pipeline personnel train- retary under section 60106 is authorized to to be made to a section or other provision of ing and evaluation, which may include writ- review and assess an operator’s risk analyses title 49, United States Code. ten examination, oral examination, work and integrity management plans required performance history review, observation dur- under this section for interstate pipelines lo- SEC. 2. IMPLEMENTATION OF INSPECTOR GEN- ERAL RECOMMENDATIONS. ing performance on the job, on the job train- cated in that State. The reviewing State au- ing, simulations, or other forms of assess- thority shall provide the Secretary with a (a) IN GENERAL.—Except as otherwise re- ment. quired by this Act, the Secretary shall im- written assessment of the plans, make rec- (c) REPORT TO CONGRESS.— plement the safety improvement recommendations, as appropriate, to address (1) IN GENERAL.—The Secretary shall sub- ommendations provided for in the Depart- safety concerns not adequately addressed in mit a report to the Congress evaluating the ment of Transportation Inspector General’s the operator’s plans, and submit documenta- effectiveness of operator qualification and Report (RT–2000–069). tion explaining the State-proposed plan revi- training efforts, including— sions. The Secretary shall carefully consider (b) REPORTS BY THE SECRETARY.—Not later (A) actions taken by inspectors; the State’s proposals and work in consulta- than 90 days after the date of enactment of (B) recommendations made by inspectors tion with the States and operators to address this Act, and every 90 days thereafter until for changes to operator qualification and safety concerns. each of the recommendations referred to in training programs; and ‘‘(5) MONITORING IMPLEMENTATION.—The subsection (a) has been implemented, the (C) industry and employee organization re- Secretary of Transportation shall review the Secretary shall transmit to the Committee sponses to those actions and recommenda- risk analysis and program for integrity man- on Commerce, Science, and Transportation tions. agement required under this section and proof the Senate and the Committee on Trans- (2) CRITERIA.—The Secretary may establish vide for continued monitoring of such plans. portation and Infrastructure of the House of criteria for use in evaluating and reporting Not later than 2 years after the implementa- Representatives a report on the specific ac- on operator qualification and training for tion of integrity management plans under tions taken to implement such recommenda- purposes of this subsection. this section, the Secretary shall complete an tions. (3) DUE DATE.—The Secretary shall submit assessment and evaluation of the effects on (c) REPORTS BY THE INSPECTOR GENERAL.— the report required by paragraph (1) to the safety and the environment of extending all The Inspector General shall periodically Congress 3 years after the date of enactment of the requirements mandated by the regula- transmit to the Committees referred to in of this Act. tions described in paragraph (1) to additional subsection (b) a report assessing the Sec- areas. The Secretary shall submit the assess- retary’s progress in implementing the rec- SEC. 5. PIPELINE INTEGRITY INSPECTION PRO- GRAM. ment and evaluation to Congress along with ommendations referred to in subsection (a) Section 60109 is amended by adding at the any recommendations to improve and expand and identifying options for the Secretary to end the following: the utilization of integrity management consider in accelerating recommendation ‘‘(c) INTEGRITY MANAGEMENT.— plans. implementation. ‘‘(1) GENERAL REQUIREMENT.—The Sec- ‘‘(6) OPPORTUNITY FOR LOCAL INPUT ON IN- SEC. 3. NTSB SAFETY RECOMMENDATIONS. retary shall promulgate regulations requir- TEGRITY MANAGEMENT.—Within 18 months (a) IN GENERAL.—The Secretary of Trans- ing operators of hazardous liquid pipelines after the date of enactment of the Pipeline portation, the Administrator of Research and natural gas transmission pipelines to Safety Improvement Act of 2001, the Sec- and Special Program Administration, and evaluate the risks to the operator’s pipeline retary shall, by regulation, establish a proc- the Director of the Office of Pipeline Safety facilities in areas identified pursuant to sub- ess for raising and addressing local safety shall fully comply with section 1135 of title section (a)(1), and to adopt and implement a concerns about pipeline integrity and the op- 49, United States Code, to ensure timely re- program for integrity management that re- erator’s pipeline integrity plan. The process sponsiveness to National Transportation duces the risk of an incident in those areas. shall include— Safety Board recommendations about pipe- The regulations shall be issued no later than ‘‘(A) a requirement that an operator of a line safety. one year after the Secretary has issued hazardous liquid or natural gas transmission (b) PUBLIC AVAILABILITY.—The Secretary, standards pursuant to subsections (a) and (b) pipeline facility provide information about Administrator, or Director, respectively, of this section or by December 31, 2002, the risk analysis and integrity management shall make a copy of each recommendation whichever is sooner. plan required under this section to local offi- on pipeline safety and response, as described ‘‘(2) STANDARDS FOR PROGRAM.—In promul- cials in a State in which the facility is lo- in sections 1135 (a) and (b) of title 49, United gating regulations under this section, the cated; States Code, available to the public at rea- Secretary shall require an operator’s integ- ‘‘(B) a description of the local officials re- sonable cost. rity management plan to be based on risk quired to be informed, the information that (c) REPORTS TO CONGRESS.—The Secretary, analysis and each plan shall include, at a is to be provided to them and the manner, Administrator, or Director, respectively, minimum— which may include traditional or electronic shall submit to the Congress by January 1 of ‘‘(A) periodic assessment of the integrity of means, in which it is provided; each year a report containing each rec- the pipeline through methods including in- ‘‘(C) the means for receiving input from ommendation on pipeline safety made by the ternal inspection, pressure testing, direct as- the local officials that may include a public Board during the prior year and a copy of the sessment, or other effective methods. The as- forum sponsored by the Secretary or by the response to each such recommendation. sessment period shall be no less than every 5 State, or the submission of written com- SEC. 4. QUALIFICATIONS OF PIPELINE PER- years unless the Department of Transpor- ments through traditional or electronic SONNEL. tation Inspector General, after consultation means; (a) QUALIFICATION PLAN.—Each pipeline op- with the Secretary determines there is not a ‘‘(D) the extent to which an operator of a erator shall make available to the Secretary sufficient capability or it is deemed unneces- pipeline facility must participate in a public

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.012 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1201 forum sponsored by the Secretary or in an- gency planning committees, and shall make ‘‘60116. Public education, emergency pre- other means for receiving input from the available to the Office of Pipeline Safety in paredness, community right to know.’’. local officials or in the evaluation of that a standardized form for the purpose of pro- SEC. 8. PENALTIES. input; and viding the information to the public, the in- (a) CIVIL PENALTIES.—Section 60122 is ‘‘(E) the manner in which the Secretary formation described in section 60102(d), the amended— will notify the local officials about how their operator’s program for integrity manage- (1) by striking ‘‘$25,000’’ in subsection (a)(1) concerns are being addressed.’’. ment, and information about implementa- and inserting ‘‘$500,000’’; SEC. 6. ENFORCEMENT. tion of that program. The information about (2) by striking ‘‘$500,000’’ in subsection (a) IN GENERAL.—Section 60112 is amend- the facility shall also include, at a min- (a)(1) and inserting ‘‘$1,000,000’’; ed— imum— (3) by adding at the end of subsection (a)(1) (1) by striking subsection (a) and inserting ‘‘(A) the business name, address, telephone the following: ‘‘The preceding sentence does the following: number of the operator, including a 24-hour not apply to judicial enforcement action ‘‘(a) GENERAL AUTHORITY.—After notice emergency contact number; under section 60120 or 60121.’’; and and an opportunity for a hearing, the Sec- ‘‘(B) a description of the facility, including (4) by striking subsection (b) and inserting retary of Transportation may decide a pipe- pipe diameter, the product or products car- the following: line facility is hazardous if the Secretary de- ried, and the operating pressure; ‘‘(b) PENALTY CONSIDERATIONS.—In deter- cides that— ‘‘(C) with respect to transmission pipeline mining the amount of a civil penalty under ‘‘(1) operation of the facility is or would be facilities, maps showing the location of the this section— hazardous to life, property, or the environ- facility and, when available, any high con- ‘‘(1) the Secretary shall consider— ment; or sequence areas which the pipeline facility ‘‘(A) the nature, circumstances, and grav- ‘‘(2) the facility is, or would be, con- traverses or adjoins and abuts; ity of the violation, including adverse im- structed or operated, or a component of the ‘‘(D) a summary description of the integ- pact on the environment; facility is, or would be, constructed or oper- rity measures the operator uses to assure ‘‘(B) with respect to the violator, the de- ated with equipment, material, or a tech- safety and protection for the environment; gree of culpability, any history of prior vio- nique that the Secretary decides is haz- and lations, the ability to pay, any effect on abil- ardous to life, property, or the environ- ‘‘(E) a point of contact to respond to ques- ity to continue doing business; and ment.’’; and tions from emergency response representa- ‘‘(C) good faith in attempting to comply; (2) by striking ‘‘is hazardous,’’ in sub- tive. and section (d) and inserting ‘‘is, or would be, ‘‘(3) SMALLER COMMUNITIES.—In a commu- ‘‘(2) the Secretary may consider— hazardous,’’. nity without a local emergency planning ‘‘(A) the economic benefit gained from the SEC. 7. PUBLIC EDUCATION, EMERGENCY PRE- committee, the operator shall maintain liai- violation without any discount because of PAREDNESS, AND COMMUNITY son with the local fire, police, and other subsequent damages; and RIGHT TO KNOW. emergency response agencies. ‘‘(B) other matters that justice requires.’’. (a) Section 60116 is amended to read as fol- ‘‘(4) PUBLIC ACCESS.—The Secretary shall (b) EXCAVATOR DAMAGE.—Section 60123(d) lows: prescribe requirements for public access, as is amended— ‘‘§ 60116. Public education, emergency pre- appropriate, to this information, including a (1) by striking ‘‘knowingly and willfully’’; paredness, and community right to know requirement that the information be made (2) by inserting ‘‘knowingly and willfully’’ ‘‘(a) PUBLIC EDUCATION PROGRAMS.— available to the public by widely accessible before ‘‘engages’’ in paragraph (1); and ‘‘(1) Each owner or operator of a gas or haz- computerized database. (3) striking paragraph (2)(B) and inserting ardous liquid pipeline facility shall carry out ‘‘(c) COMMUNITY RIGHT TO KNOW.—Not later the following: a continuing program to educate the public than 12 months after the date of enactment ‘‘(B) a pipeline facility, is aware of dam- on the use of a one-call notification system of the Pipeline Safety Improvement Act of age, and does not report the damage prompt- prior to excavation and other damage pre- 2001, and annually thereafter, the owner or ly to the operator of the pipeline facility and vention activities, the possible hazards asso- operator of each gas transmission or haz- to other appropriate authorities; or’’. ciated with unintended releases from the ardous liquid pipeline facility shall provide (c) CIVIL ACTIONS.—Section 60120(a)(1) is pipeline facility, the physical indications to the governing body of each municipality amended to read as follows: that such a release may have occurred, what in which the pipeline facility is located, a ‘‘(1) On the request of the Secretary of steps should be taken for public safety in the map identifying the location of such facility. Transportation, the Attorney General may event of a pipeline release, and how to report The map may be provided in electronic form. bring a civil action in an appropriate district such an event. The Secretary may provide technical assist- court of the United States to enforce this ‘‘(2) Within 12 months after the date of en- ance to the pipeline industry on developing chapter, including section 60112 of this chap- actment of the Pipeline Safety Improvement public safety and public education program ter, or a regulation prescribed or order Act of 2001, each owner or operator of a gas content and best practices for program deliv- issued under this chapter. The court may or hazardous liquid pipeline facility shall re- ery, and on evaluating the effectiveness of award appropriate relief, including a tem- view its existing public education program the programs. The Secretary may also pro- porary or permanent injunction, punitive for effectiveness and modify the program as vide technical assistance to State and local damages, and assessment of civil penalties necessary. The completed program shall in- officials in applying practices developed in considering the same factors as prescribed clude activities to advise affected munici- these programs to their activities to pro- for the Secretary in an administrative case palities, school districts, businesses, and mote pipeline safety. under section 60122.’’. residents of pipeline facility locations. The ‘‘(d) PUBLIC AVAILABILITY OF REPORTS.— SEC. 9. STATE OVERSIGHT ROLE. completed program shall be submitted to the The Secretary shall— (a) STATE AGREEMENTS WITH CERTIFI- Secretary or, in the case of an intrastate ‘‘(1) make available to the public— CATION.—Section 60106 is amended— pipeline facility operator, the appropriate ‘‘(A) a safety-related condition report filed (1) by striking ‘‘GENERAL AUTHORITY.—’’ in State agency and shall be periodically re- by an operator under section 60102(h); subsection (a) and inserting ‘‘AGREEMENTS viewed by the Secretary or, in the case of an ‘‘(B) a report of a pipeline incident filed by WITHOUT CERTIFICATION.—’’; intrastate pipeline facility operator, the ap- an operator; (2) by redesignating subsections (b), (c), propriate State agency. ‘‘(C) the results of any inspection by the and (d) as subsections (c), (d), and (e); and ‘‘(3) The Secretary may issue standards Office of Pipeline Safety or a State regu- (3) by inserting after subsection (a) the fol- prescribing the elements of an effective pub- latory official; and lowing: lic education program. The Secretary may ‘‘(D) a description of any corrective action ‘‘(b) AGREEMENTS WITH CERTIFICATION.— also develop material for use in the program. taken in response to a safety-related condi- ‘‘(1) IN GENERAL.—If the Secretary accepts ‘‘(b) EMERGENCY PREPAREDNESS.— tion reported under subparagraph (A), (B), or a certification under section 60105 of this ‘‘(1) OPERATOR LIAISON.—Within 12 months (C); and title and makes the determination required after the date of enactment of the Pipeline ‘‘(2) prescribe requirements for public ac- under this subsection, the Secretary may Safety Improvement Act of 2001, an operator cess, as appropriate, to integrity manage- make an agreement with a State authority of a gas transmission or hazardous liquid ment program information prepared under authorizing it to participate in the oversight pipeline facility shall initiate and maintain this chapter, including requirements that of interstate pipeline transportation. Each liaison with the State emergency response will ensure data accessibility to the greatest such agreement shall include a plan for the commissions, and local emergency planning extent feasible.’’. State authority to participate in special in- committees in the areas of pipeline right-of- (b) SAFETY CONDITION REPORTS.—Section vestigations involving incidents or new con- way, established under section 301 of the 60102(h)(2) is amended by striking ‘‘authori- struction and allow the State authority to Emergency Planning and Community Right- ties.’’ and inserting ‘‘officials, including the participate in other activities overseeing To-Know Act of 1986 (42 U.S.C. 11001) in each local emergency responders.’’. interstate pipeline transportation or to as- State in which it operates. (c) CONFORMING AMENDMENT.—The chapter sume additional inspection or investigatory ‘‘(2) INFORMATION.—An operator shall, upon analysis for chapter 601 is amended by strik- duties. Nothing in this section modifies sec- request, make available to the State emer- ing the item relating to section 60116 and in- tion 60104(c) or authorizes the Secretary to gency response commissions and local emer- serting the following: delegate the enforcement of safety standards

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.071 pfrm02 PsN: S08PT1 S1202 CONGRESSIONAL RECORD — SENATE February 8, 2001 prescribed under this chapter to a State au- continuation of an agreement poses an immi- (D) to improve the capability, reliability, thority. nent hazard.’’. and practicality of external leak detection ‘‘(2) DETERMINATIONS REQUIRED.—The Sec- SEC. 10. IMPROVED DATA AND DATA AVAIL- devices; and retary may not enter into an agreement ABILITY. (E) to develop and improve alternative under this subsection, unless the Secretary (a) IN GENERAL.—Within 12 months after technologies to identify and monitor outside determines that— the date of enactment of this Act, the Sec- force damage to pipelines. ‘‘(A) the agreement allowing participation retary shall develop and implement a com- (2) COOPERATIVE.—The Secretary may par- of the State authority is consistent with the prehensive plan for the collection and use of ticipate in additional technological develop- Secretary’s program for inspection and con- gas and hazardous liquid pipeline data to re- ment through cooperative agreements with sistent with the safety policies and provi- vise the causal categories on the incident re- trade associations, academic institutions, or sions provided under this chapter; port forms to eliminate overlapping and con- other qualified organizations. ‘‘(B) the interstate participation agree- fusing categories and include subcategories. (b) PIPELINE SAFETY AND RELIABILITY RE- ment would not adversely affect the over- The plan shall include components to pro- SEARCH AND DEVELOPMENT.— sight responsibilities of intrastate pipeline vide the capability to perform sound inci- (1) IN GENERAL.—The Secretary of Trans- transportation by the State authority; dent trend analysis and evaluations of pipe- portation, in coordination with the Sec- ‘‘(C) the State is carrying out a program line operator performance using normalized retary of Energy, shall develop and imple- demonstrated to promote preparedness and accident data. ment an accelerated cooperative program of research and development to ensure the in- risk prevention activities that enable com- (b) REPORT OF RELEASES EXCEEDING 5 GAL- tegrity of natural gas and hazardous liquid munities to live safely with pipelines; LONS.—Section 60117(b) is amended— ‘‘(D) the State meets the minimum stand- (1) by inserting ‘‘(1)’’ before ‘‘To’’; pipelines. This research and development ards for State one-call notification set forth (2) redesignating paragraphs (1) and (2) as program— (A) shall include materials inspection tech- in chapter 61; and subparagraphs (A) and (B); niques, risk assessment methodology, and in- ‘‘(E) the actions planned under the agree- (3) inserting before the last sentence the formation systems surety; and ment would not impede interstate commerce following: (B) shall complement, and not replace, the or jeopardize public safety. ‘‘(2) A person owning or operating a haz- research program of the Department of En- ‘‘(3) EXISTING AGREEMENTS.—If requested ardous liquid pipeline facility shall report to ergy addressing natural gas pipeline issues by the State Authority, the Secretary shall the Secretary each release to the environ- existing on the date of enactment of this authorize a State Authority which had an ment greater than five gallons of the haz- Act. interstate agreement in effect after January, ardous liquid or carbon dioxide transported. (2) PURPOSE.—The purpose of the coopera- 1999, to oversee interstate pipeline transpor- This section applies to releases from pipeline tive research program shall be to promote tation pursuant to the terms of that agree- facilities regulated under this chapter. A re- pipeline safety research and development ment until the Secretary determines that port must include the location of the release, to— the State meets the requirements of para- fatalities and personal injuries, type of prod- (A) ensure long-term safety, reliability and graph (2) and executes a new agreement, or uct, amount of product release, cause or service life for existing pipelines; until December 31, 2002, whichever is sooner. causes of the release, extent of damage to (B) expand capabilities of internal inspec- Nothing in this paragraph shall prevent the property and the environment, and the re- tion devices to identify and accurately meas- Secretary, after affording the State notice, sponse undertaken to clean up the release. ure defects and anomalies; hearing, and an opportunity to correct any ‘‘(3) During the course of an incident inves- (C) develop inspection techniques for pipe- alleged deficiencies, from terminating an tigation, a person owning or operating a lines that cannot accommodate the internal agreement that was in effect before enact- pipeline facility shall make records, reports, inspection devices available on the date of ment of the Pipeline Safety Improvement and information required under subsection enactment; Act of 2001 if— (a) of this section or other reasonably de- (D) develop innovative techniques to meas- ‘‘(A) the State Authority fails to comply scribed records, reports, and information rel- ure the structural integrity of pipelines to with the terms of the agreement; evant to the incident investigation, avail- prevent pipeline failures; ‘‘(B) implementation of the agreement has able to the Secretary within the time limits (E) develop improved materials and coat- resulted in a gap in the oversight respon- prescribed in a written request.’’; and ings for use in pipelines; sibilities of intrastate pipeline transpor- (4) indenting the first word of the last sen- (F) improve the capability, reliability, and tation by the State Authority; or tence and inserting ‘‘(4)’’ before ‘‘The Sec- practicality of external leak detection de- ‘‘(C) continued participation by the State retary’’ in that sentence. vices; Authority in the oversight of interstate pipe- (c) PENALTY AUTHORITIES.—(1) Section (G) identify underground environments line transportation has had an adverse im- 60122(a) is amended by striking ‘‘60114(c)’’ that might lead to shortened service life; pact on pipeline safety.’’. and inserting ‘‘60117(b)(3)’’. (H) enhance safety in pipeline siting and (b) ENDING AGREEMENTS.—Subsection (e) of (2) Section 60123(a) is amended by striking land use; section 60106, as redesignated by subsection ‘‘60114(c),’’ and inserting ‘‘60117(b)(3),’’. (I) minimize the environmental impact of (a), is amended to read as follows: (d) ESTABLISHMENT OF NATIONAL DEPOSI- pipelines; ‘‘(e) ENDING AGREEMENTS.— TORY.—Section 60117 is amended by adding at (J) demonstrate technologies that improve ‘‘(1) PERMISSIVE TERMINATION.—The Sec- the end the following: pipeline safety, reliability, and integrity; retary may end an agreement under this sec- ‘‘(l) NATIONAL DEPOSITORY.—The Secretary (K) provide risk assessment tools for opti- tion when the Secretary finds that the State shall establish a national depository of data mizing risk mitigation strategies; and authority has not complied with any provi- on events and conditions, including spill his- (L) provide highly secure information sys- sion of the agreement. tories and corrective actions for specific in- tems for controlling the operation of pipe- ‘‘(2) MANDATORY TERMINATION OF AGREE- cidents, that can be used to evaluate the risk lines. MENT.—The Secretary shall end an agree- of, and to prevent, pipeline failures and re- (3) AREAS.—In carrying out this sub- ment for the oversight of interstate pipeline leases. The Secretary shall administer the section, the Secretary of Transportation, in transportation if the Secretary finds that— program through the Bureau of Transpor- coordination with the Secretary of Energy, ‘‘(A) implementation of such agreement tation Statistics, in cooperation with the shall consider research and development on has resulted in a gap in the oversight respon- Research and Special Programs Administra- natural gas, crude oil and petroleum product sibilities of intrastate pipeline transpor- tion, and shall make such information avail- pipelines for— tation by the State authority; able for use by State and local planning and (A) early crack, defect, and damage detec- ‘‘(B) the State actions under the agree- emergency response authorities and the pub- tion, including real-time damage moni- ment have failed to meet the requirements lic.’’. toring; under subsection (b); or SEC. 11. RESEARCH AND DEVELOPMENT. (B) automated internal pipeline inspection ‘‘(C) continued participation by the State (a) INNOVATIVE TECHNOLOGY DEVELOP- sensor systems; authority in the oversight of interstate pipe- MENT.— (C) land use guidance and set back manage- line transportation would not promote pipe- (1) IN GENERAL.—As part of the Department ment along pipeline rights-of-way for com- line safety. of Transportation’s research and develop- munities; ‘‘(3) PROCEDURAL REQUIREMENTS.—The Sec- ment program, the Secretary of Transpor- (D) internal corrosion control; retary shall give the notice and an oppor- tation shall direct research attention to the (E) corrosion-resistant coatings; tunity for a hearing to a State authority be- development of alternative technologies— (F) improved cathodic protection; fore ending an agreement under this section. (A) to expand the capabilities of internal (G) inspection techniques where internal The Secretary may provide a State an oppor- inspection devices to identify and accurately inspection is not feasible, including measure- tunity to correct any deficiencies before end- measure defects and anomalies; ment of structural integrity; ing an agreement. The finding and decision (B) to inspect pipelines that cannot accom- (H) external leak detection, including port- to end the agreement shall be published in modate internal inspection devices available able real-time video imaging technology, and the Federal Register and may not become ef- on the date of enactment; the advancement of computerized control fective for at least 15 days after the date of (C) to develop innovative techniques meas- center leak detection systems utilizing real- publication unless the Secretary finds that uring the structural integrity of pipelines; time remote field data input;

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.071 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1203 (I) longer life, high strength, non-corrosive shall include the activities of the Depart- programs for detection, prevention and miti- pipeline materials; ments of Transportation and Energy, the na- gation of oil spills under sections 11(b) and 12 (J) assessing the remaining strength of ex- tional laboratories, universities, and any of this Act for each of the fiscal years 2002 isting pipes; other research organizations, including in- through 2006. (K) risk and reliability analysis models, to dustry research organizations. (3) There are authorized to be appropriated be used to identify safety improvements that SEC. 12. PIPELINE INTEGRITY TECHNICAL ADVI- to the Secretary of Energy for carrying out could be realized in the near term resulting SORY COMMITTEE. sections 11(b) and 12 of this Act such sums as from analysis of data obtained from a pipe- (a) ESTABLISHMENT.—The Secretary of may be necessary for each of the fiscal years line performance tracking initiative; Transportation shall enter into appropriate 2002 through 2006. (L) identification, monitoring, and preven- arrangements with the National Academy of SEC. 14. OPERATOR ASSISTANCE IN INVESTIGA- tion of outside force damage, including sat- Sciences to establish and manage the Pipe- TIONS. ellite surveillance; and line Integrity Technical Advisory Com- (a) IN GENERAL.—If the Department of (M) any other areas necessary to ensuring mittee for the purpose of advising the Sec- Transportation or the National Transpor- the public safety and protecting the environ- retary of Transportation and the Secretary tation Safety Board investigate an accident, ment. of Energy on the development and imple- the operator involved shall make available (4) POINTS OF CONTACT.— mentation of the 5-year research, develop- to the representative of the Department or (A) IN GENERAL.—To coordinate and implement, and demonstration program plan the Board all records and information that ment the research and development pro- under section 11(b)(5). The Advisory Com- in any way pertain to the accident (including grams and activities authorized under this mittee shall have an ongoing role in evalu- integrity management plans and test re- subsection— ating the progress and results of the results), and shall afford all reasonable assist- (i) the Secretary of Transportation shall search, development, and demonstration car- ance in the investigation of the accident. designate, as the point of contact for the De- ried out under that section. (b) CORRECTIVE ACTION ORDERS.—Section partment of Transportation, an officer of the (b) MEMBERSHIP.—The National Academy 60112(d) is amended— Department of Transportation who has been of Sciences shall appoint the members of the (1) by inserting ‘‘(1)’’ after ‘‘CORRECTIVE appointed by the President and confirmed by Pipeline Integrity Technical Advisory Com- ACTION ORDERS.—’’; and the Senate; and mittee after consultation with the Secretary (2) by adding at the end the following: (ii) the Secretary of Energy shall des- of Transportation and the Secretary of En- ‘‘(2) If, in the case of a corrective action ignate, as the point of contact for the De- ergy. Members appointed to the Advisory order issued following an accident, the Sec- partment of Energy, an officer of the Depart- Committee should have the necessary quali- retary determines that the actions of an em- ment of Energy who has been appointed by fications to provide technical contributions ployee carrying out an activity regulated the President and confirmed by the Senate. to the purposes of the Advisory Committee. under this chapter, including duties under (B) DUTIES.— SEC. 13. AUTHORIZATION OF APPROPRIATIONS. section 60102(a), may have contributed sub- (i) The point of contact for the Department stantially to the cause of the accident, the (a) GAS AND HAZARDOUS LIQUIDS.—Section of Transportation shall have the primary re- Secretary shall direct the operator to relieve sponsibility for coordinating and overseeing 60125(a) is amended to read as follows: ‘‘(a) GAS AND HAZARDOUS LIQUID.—To carry the employee from performing those activi- the implementation of the research, develop- ties, reassign the employee, or place the em- ment, and demonstration program plan out this chapter and other pipeline-related damage prevention activities of this title ployee on leave until the earlier of the date under paragraphs (5) and (6). on which— (ii) The points of contact shall jointly as- (except for section 60107), there are authorized to be appropriated to the Department of ‘‘(A) the Secretary determines, after notice sist in arranging cooperative agreements for and an opportunity for a hearing, that the research, development and demonstration in- Transportation— employee’s performance of duty in carrying volving their respective Departments, na- ‘‘(1) $26,000,000 for fiscal year 2002, of which out the activity did not contribute substan- tional laboratories, universities, and indus- $20,000,000 is to be derived from user fees for tially to the cause of the accident; or try research organizations. fiscal year 2002 collected under section 60301 ‘‘(B) the Secretary determines the em- (5) RESEARCH AND DEVELOPMENT PROGRAM of this title; and ployee has been re-qualified or re-trained as PLAN.—Within 240 days after the date of en- ‘‘(2) $30,000,000 for each of the fiscal years provided for in section 4 of the Pipeline Safe- actment of this Act, the Secretary of Trans- 2003 and 2004 of which $23,000,000 is to be de- ty Improvement Act of 2001 and can safely portation, in coordination with the Sec- rived from user fees for fiscal year 2003 and perform those activities. retary of Energy and the Pipeline Integrity fiscal year 2004 collected under section 60301 ‘‘(3) Action taken by an operator under Technical Advisory Committee, shall pre- of this title.’’. paragraph (2) shall be in accordance with the pare and submit to the Congress a 5-year (b) GRANTS TO STATES.—Section 60125(c) is terms and conditions of any applicable col- program plan to guide activities under this amended to read as follows: lective bargaining agreement to the extent subsection. In preparing the program plan, ‘‘(c) STATE GRANTS.—Not more than the the Secretary shall consult with appropriate following amounts may be appropriated to it is not inconsistent with the requirements representatives of the natural gas, crude oil, the Secretary to carry out section 60107— of this section.’’. and petroleum product pipeline industries to ‘‘(1) $17,000,000 for fiscal year 2002, of which SEC. 15. PROTECTION OF EMPLOYEES PRO- select and prioritize appropriate project pro- $15,000,000 is to be derived from user fees for VIDING PIPELINE SAFETY INFORMA- TION. posals. The Secretary may also seek the ad- fiscal year 2002 collected under section 60301 (a) IN GENERAL.—Chapter 601 is amended vice of utilities, manufacturers, institutions of this title; and by adding at the end the following: of higher learning, Federal agencies, the ‘‘(2) $20,000,000 for the fiscal years 2003 and pipeline research institutions, national lab- 2004 of which $18,000,000 is to be derived from ‘‘§ 60129. Protection of employees providing oratories, State pipeline safety officials, en- user fees for fiscal year 2003 and fiscal year pipeline safety information vironmental organizations, pipeline safety 2004 collected under section 60301 of this ‘‘(a) DISCRIMINATION AGAINST PIPELINE EM- advocates, and professional and technical so- title.’’. PLOYEES.—No pipeline operator or contractor cieties. (c) OIL SPILLS.—Section 60125 is amended or subcontractor of a pipeline may discharge (6) IMPLEMENTATION.—The Secretary of by redesignating subsections (d), (e), and (f) an employee or otherwise discriminate Transportation shall have primary responsi- as subsections (e), (f), (g) and inserting after against an employee with respect to com- bility for ensuring the 5-year plan provided subsection (c) the following: pensation, terms, conditions, or privileges of for in paragraph (5) is implemented as in- ‘‘(d) OIL SPILL LIABILITY TRUST FUND.—Of employment because the employee (or any tended. In carrying out the research, devel- the amounts available in the Oil Spill Liabil- person acting pursuant to a request of the opment, and demonstration activities under ity Trust Fund, $8,000,000 shall be transferred employee)— this paragraph, the Secretary of Transpor- to the Secretary of Transportation, as pro- ‘‘(1) provided, caused to be provided, or is tation and the Secretary of Energy may use, vided in appropriation Acts, to carry out about to provide (with any knowledge of the to the extent authorized under applicable programs authorized in this Act for each of employer) or cause to be provided to the em- provisions of law, contracts, cooperative fiscal years 2002, 2003, and 2004.’’. ployer or Federal Government information agreements, cooperative research and devel- (d) PIPELINE INTEGRITY PROGRAM.—(1) relating to any violation or alleged violation opment agreements under the Stevenson- There are authorized to be appropriated to of any order, regulation, or standard of the Wydler Technology Innovation Act of 1980 (15 the Secretary of Transportation for carrying Research and Special Programs Administra- U.S.C. 3701 et seq.), grants, joint ventures, out sections 11(b) and 12 of this Act $3,000,000, tion or any other provision of Federal law re- other transactions, and any other form of to be derived from user fees under section lating to pipeline safety under this chapter agreement available to the Secretary con- 60301 of title 49, United States Code, for each or any other law of the United States; sistent with the recommendations of the Ad- of the fiscal years 2002 through 2006. ‘‘(2) has filed, caused to be filed, or is about visory Committee. (2) Of the amounts available in the Oil to file (with any knowledge of the employer) (7) REPORTS TO CONGRESS.—The Secretary Spill Liability Trust Fund established by or cause to be filed a proceeding relating to of Transportation shall report to the Con- section 9509 of the Internal Revenue Code of any violation or alleged violation of any gress annually as to the status and results to 1986 (26 U.S.C. 9509), $3,000,000 shall be trans- order, regulation, or standard of the Admin- date of the implementation of the research ferred to the Secretary of Transportation, as istration or any other provision of Federal and development program plan. The report provided in appropriation Acts, to carry out law relating to pipeline safety under this

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.071 pfrm02 PsN: S08PT1 S1204 CONGRESSIONAL RECORD — SENATE February 8, 2001 chapter or any other law of the United through (4) of subsection (a) was a contrib- grant all appropriate relief, including, but States; uting factor in the unfavorable personnel ac- not to be limited to, injunctive relief and ‘‘(3) testified or is about to testify in such tion alleged in the complaint. compensatory damages. a proceeding; or ‘‘(iv) PROHIBITION.—Relief may not be or- ‘‘(6) ENFORCEMENT OF ORDER BY PARTIES.— ‘‘(4) assisted or participated or is about to dered under subparagraph (A) if the em- ‘‘(A) COMMENCEMENT OF ACTION.—A person assist or participate in such a proceeding. ployer demonstrates by clear and convincing on whose behalf an order was issued under ‘‘(b) DEPARTMENT OF LABOR COMPLAINT evidence that the employer would have paragraph (3) may commence a civil action PROCEDURE.— taken the same unfavorable personnel action against the person to whom such order was ‘‘(1) FILING AND NOTIFICATION.—A person in the absence of that behavior. issued to require compliance with such who believes that he or she has been dis- ‘‘(3) FINAL ORDER.— order. The appropriate United States district charged or otherwise discriminated against ‘‘(A) DEADLINE FOR ISSUANCE; SETTLEMENT court shall have jurisdiction, without regard by any person in violation of subsection (a) AGREEMENTS.—Not later than 120 days after to the amount in controversy or the citizen- may, not later than 90 days after the date on the date of conclusion of a hearing under ship of the parties, to enforce such order. which such violation occurs, file (or have paragraph (2), the Secretary of Labor shall ‘‘(B) ATTORNEY FEES.—The court, in issuing any person file on his or her behalf) a com- issue a final order providing the relief pre- any final order under this paragraph, may plaint with the Secretary of Labor alleging scribed by this paragraph or denying the award costs of litigation (including reason- such discharge or discrimination. Upon re- complaint. At any time before issuance of a able attorney and expert witness fees) to any ceipt of such a complaint, the Secretary of final order, a proceeding under this sub- party whenever the court determines such Labor shall notify, in writing, the person section may be terminated on the basis of a award costs is appropriate. named in the complaint and the Adminis- settlement agreement entered into by the ‘‘(c) MANDAMUS.—Any nondiscretionary trator of the Research and Special Programs Secretary of Labor, the complainant, and the duty imposed by this section shall be en- Administration of the filing of the com- person alleged to have committed the viola- forceable in a mandamus proceeding brought plaint, of the allegations contained in the tion. under section 1361 of title 28, United States complaint, of the substance of evidence sup- ‘‘(B) REMEDY.—If, in response to a com- Code. porting the complaint, and of the opportuni- plaint filed under paragraph (1), the Sec- ‘‘(d) NONAPPLICABILITY TO DELIBERATE VIO- ties that will be afforded to such person retary of Labor determines that a violation LATIONS.—Subsection (a) shall not apply with under paragraph (2). of subsection (a) has occurred, the Secretary respect to an employee of a pipeline, con- NVESTIGATION; PRELIMINARY ORDER.— ‘‘(2) I of Labor shall order the person who com- tractor or subcontractor who, acting without ‘‘(A) IN GENERAL.—Not later than 60 days direction from the pipeline contractor or mitted such violation to— after the date of receipt of a complaint filed subcontractor (or such person’s agent), delib- ‘‘(i) take affirmative action to abate the under paragraph (1) and after affording the erately causes a violation of any require- violation; person named in the complaint an oppor- ment relating to pipeline safety under this ‘‘(ii) reinstate the complainant to his or tunity to submit to the Secretary of Labor a chapter or any other law of the United her former position together with the com- written response to the complaint and an op- States. pensation (including back pay) and restore portunity to meet with a representative of ‘‘(e) CONTRACTOR DEFINED.—In this section, the terms, conditions, and privileges associ- the Secretary to present statements from the term ‘contractor’ means a company that ated with his or her employment; and witnesses, the Secretary of Labor shall con- performs safety-sensitive functions by conduct an investigation and determine whether ‘‘(iii) provide compensatory damages to tract for a pipeline.’’. there is reasonable cause to believe that the the complainant. (b) CIVIL PENALTY.—Section 60122(a) is complaint has merit and notify in writing If such an order is issued under this para- amended by adding at the end the following: the complainant and the person alleged to graph, the Secretary of Labor, at the request ‘‘(3) A person violating section 60129, or an have committed a violation of subsection (a) of the complainant, shall assess against the order issued thereunder, is liable to the Gov- of the Secretary’s findings. If the Secretary person whom the order is issued a sum equal ernment for a civil penalty of not more than of Labor concludes that there is reasonable to the aggregate amount of all costs and ex- $1,000 for each violation. The penalties pro- cause to believe that a violation of sub- penses (including attorney’s and expert wit- vided by paragraph (1) do not apply to a violation of section 60129 or an order issued section (a) has occurred, the Secretary shall ness fees) reasonably incurred, as determined thereunder.’’. accompany the Secretary’s findings with a by the Secretary of Labor, by the complain- (c) CONFORMING AMENDMENT.—The chapter ant for, or in connection with, the bringing preliminary order providing the relief pre- analysis for chapter 601 is amended by add- the complaint upon which the order was scribed by paragraph (3)(B). Not later than 30 ing at the end the following: days after the date of notification of findings issued. under this paragraph, either the person al- ‘‘(C) FRIVOLOUS COMPLAINTS.—If the Sec- ‘‘60129. Protection of employees providing leged to have committed the violation or the retary of Labor finds that a complaint under pipeline safety information.’’. complainant may file objections to the find- paragraph (1) is frivolous or has been SEC. 16. STATE PIPELINE SAFETY ADVISORY ings or preliminary order, or both, and re- brought in bad faith, the Secretary of Labor COMMITTEES. quest a hearing on the record. The filing of may award to the prevailing employer a rea- Within 90 days after receiving rec- such objections shall not operate to stay any sonable attorney’s fee not exceeding $1,000. ommendations for improvements to pipeline safety from an advisory committee ap- reinstatement remedy contained in the pre- ‘‘(4) REVIEW.— pointed by the Governor of any State, the liminary order. Such hearings shall be con- ‘‘(A) APPEAL TO COURT OF APPEALS.—Any Secretary of Transportation shall respond in ducted expeditiously. If a hearing is not re- person adversely affected or aggrieved by an writing to the committee setting forth what quested in such 30-day period, the prelimi- order issued under paragraph (3) may obtain action, if any, the Secretary will take on nary order shall be deemed a final order that review of the order in the United States those recommendations and the Secretary’s is not subject to judicial review. Court of Appeals for the circuit in which the reasons for acting or not acting upon any of ‘‘(B) REQUIREMENTS.— violation, with respect to which the order the recommendations. ‘‘(i) REQUIRED SHOWING BY COMPLAINANT.— was issued, allegedly occurred or the circuit SEC. 17. FINES AND PENALTIES. The Secretary of Labor shall dismiss a com- in which the complainant resided on the date The Inspector General of the Department plaint filed under this subsection and shall of such violation. The petition for review of Transportation shall conduct an analysis not conduct an investigation otherwise re- must be filed not later than 60 days after the of the Department’s assessment of fines and quired under subparagraph (A) unless the date of issuance of the final order of the Sec- penalties on gas transmission and hazardous complainant makes a prima facie showing retary of Labor. Review shall conform to liquid pipelines, including the cost of correc- that any behavior described in paragraphs (1) chapter 7 of title 5, United States Code. The tive actions required by the Department in through (4) of subsection (a) was a contrib- commencement of proceedings under this lieu of fines, and, no later than 6 months uting factor in the unfavorable personnel ac- subparagraph shall not, unless ordered by after the date of enactment of this Act, shall tion alleged in the complaint. the court, operate as a stay of the order. provide a report to the Senate Committee on ‘‘(ii) SHOWING BY EMPLOYER.—Notwith- ‘‘(B) LIMITATION ON COLLATERAL ATTACK.— Commerce, Science, and Transportation and standing a finding by the Secretary that the An order of the Secretary of Labor with re- the House Committee on Transportation and complainant has made the showing required spect to which review could have been ob- Infrastructure on any findings and rec- under clause (i), no investigation otherwise tained under subparagraph (A) shall not be ommendations for actions by the Secretary required under subparagraph (A) shall be subject to judicial review in any criminal or or Congress to ensure the fines assessed are conducted if the employer demonstrates, by other civil proceeding. an effective deterrent for reducing safety clear and convincing evidence, that the em- ‘‘(5) ENFORCEMENT OF ORDER BY SECRETARY risks. ployer would have taken the same unfavor- OF LABOR.—Whenever any person has failed SEC. 18. STUDY OF RIGHTS-OF-WAY. able personnel action in the absence of that to comply with an order issued under para- The Secretary of Transportation is author- behavior. graph (3), the Secretary of Labor may file a ized to conduct a study on how best to pre- ‘‘(iii) CRITERIA FOR DETERMINATION BY SEC- civil action in the United States district serve environmental resources in conjunc- RETARY.—The Secretary may determine that court for the district in which the violation tion with maintaining pipeline rights-of- a violation of subsection (a) has occurred was found to occur to enforce such order. In way. The study shall recognize pipeline oper- only if the complainant demonstrates that actions brought under this paragraph, the ators’ regulatory obligations to maintain any behavior described in paragraphs (1) district courts shall have jurisdiction to rights-of-way and to protect public safety.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.071 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1205 SEC. 19. STUDY OF NATURAL GAS RESERVE. MORNING BUSINESS willing to jeopardize the domestic divi- (a) FINDINGS.—Congress finds that: Mr. HATCH. Mr. President, I ask dends that will materialize over the (1) In the last few months, natural gas next generation for the health and edu- prices across the country have tripled. unanimous consent that the Senate (2) In California, natural gas prices have now be in a period of morning business, cation of our families. Specifically, we have to have a fis- increased twenty-fold, from $3 per million with Senators speaking for up to 10 cally responsible tax cut that allows us British thermal units to nearly $60 per mil- minutes each. to protect social security, provide a lion British thermal units. The PRESIDING OFFICER. Without (3) One of the major causes of these price prescription drug benefit, fund edu- objection, it is so ordered. increases is a lack of supply, including a cation, ensure a strong and stable mili- lack of natural gas reserves. f tary, and continue to pay down the (4) The lack of a reserve was compounded debt. Paying down the debt is better by the rupture of an El Paso Natural Gas S. 21, THE SOCIAL SECURITY AND MEDICARE LOCK-BOX than a tax cut because it provides a Company pipeline in Carlsbad, New Mexico more direct and efficient mechanism to on August 1, 2000. Mr. DASCHLE. Mr. President, earlier (5) Improving pipeline safety will help pre- stimulate the economy through lower today, Senator LIEBERMAN became a vent similar accidents that interrupt the interest rates, lower inflation and supply of natural gas and will help save cosponsor of S. 21, the Social Security higher family incomes. lives. and Medicare Lock-Box bill that I in- We know that, as the Governor of (6) It is also necessary to find solutions for troduced earlier this year. Senator Texas, President Bush made grand pro- the lack of natural gas reserves that could be LIEBERMAN was an important supporter posals, got just a little piece of what he used during emergencies. of this legislation last year. Unfortu- asked for, and walked away declaring (b) STUDY BY THE NATIONAL ACADEMY OF nately, in spite of the fact that this bill victory. He knows that he won’t get all SCIENCES.—The Secretary of Energy shall request the National Academy of Sciences to— received 60 votes in the Senate, Repub- $1.6 trillion of his tax cut. But he could (1) conduct a study to— licans opted to prevent the bill from have—the American people could (A) determine the causes of recent in- becoming law. have—a tax cut of $900 billion. This creases in the price of natural gas, including However, given the fact that some in amount exceeds the tax cut put for- whether the increases have been caused by the administration and the other side ward by the Republicans in 1999 (that problems with the supply of natural gas or of the aisle have indicated they may was $792 billion)—less than 3 years ago. by problems with the natural gas trans- not support protecting Social Security A tax cut of $900 billion provides imme- mission system; (B) identify any Federal or State policies and Medicare trust funds, it is even diate elimination of the estate tax for that may have contributed to the price in- more important that we enact this leg- virtually all taxpayers (e.g., 95 percent creases; and islation. I look forward to working of family farms and 75 percent of fam- (C) determine what Federal action would with Senator LIEBERMAN and all the ily businesses), complete elimination be necessary to improve the reserve supply others who have supported the idea of all 65 marriage penalties, college of natural gas for use in situations of natural that Social Security and Medicare tuition tax credits and child care cred- gas shortages and price increases, including funds should be used for these pro- its. And, we can provide business tax determining the feasibility and advisability cuts such as incentives for research of a Federal strategic natural gas reserve grams and these programs alone. system; and f and development and employee pension (2) not later than 60 days after the date of benefits. enactment of this Act, submit to Congress a EDUCATIONAL EXCELLENCE FOR The people of Nevada want a tax cut, report on the results of the study. ALL LEARNERS ACT I want a tax cut, and Democrats want SEC. 20. STUDY AND REPORT ON NATURAL GAS Mr. REID. Mr. President, today, I am a tax cut. But we should all remem- PIPELINE AND STORAGE FACILITIES cosponsoring S.7, the Educational Ex- ber—the people of Nevada want a IN NEW ENGLAND. strong educational system, I want a (a) STUDY.—The Federal Energy Regu- cellence for All Learners Act. This bill latory Commission, in consultation with the increases school capacity, makes strong educational system, and Demo- Department of Energy, shall conduct a study schools accountable for results and en- crats want a strong educational sys- on the natural gas pipeline transmission net- sures increased student achievement. tem. Let us not leave any child behind work in New England and natural gas stor- S.7 ensures that the federal govern- in this tax and budget debate. age facilities associated with that network. f In carrying out the study, the Commission ment uphold its commitment to the shall consider— local school districts to fully fund the AMT REFORM (1) the ability of natural gas pipeline and IDEA program. Mrs. LINCOLN. Mr. President, yes- S.7 also promotes literacy by increas- storage facilities in New England to meet terday Senator LUGAR and I joined current and projected demand by gas-fired ing the funding for the Reading Excel- forces with a bipartisan group of Sen- power generation plants and other con- lence Act. Another area in great need ators to disarm one of the quickest sumers; for resources in our educational system (2) capacity constraints during unusual ticking time bombs hidden away in our is teacher training. Senator CONRAD weather periods; tax code. Senator LUGAR and I were (3) potential constraint points in regional, and I have proposed legislation that is joined by Senators BREAUX, KYL, interstate, and international pipeline capac- included in S.7 which would provide LANDRIEU, COCHRAN, and BAYH in intro- ity serving New England; and federal support for teacher technology ducing a bill to permanently provide (4) the quality and efficiency of the Fed- training to better prepare teachers to tax protection for millions of taxpayers eral environmental review and permitting teach technology to our children. from the Alternative Minimum Tax. process for natural gas pipelines. But, I am gravely concerned that we The AMT was created to reduce the (b) REPORT.—Not later than 120 days after will not have the resources that will be the date of the enactment of this Act, the ability of some individuals to com- Federal Energy Regulatory Commission needed to properly fund our obligations pletely avoid taxation by using tax shall prepare and submit to the Senate Com- to education—and give back to the preference items excluded from the in- mittee on Energy and Natural Resources and American family. A tax cut of the mag- come tax. The AMT was first estab- the appropriate committee of the House of nitude that George W. Bush is pushing lished in 1969 after the Secretary of Representatives a report containing the re- will not only eliminate any increase in Treasury testified before Congress that sults of the study conducted under sub- funding for the military—as President 155 high-income individuals had paid no section (a), including recommendations for addressing potential natural gas trans- Bush announced a few days ago—but it federal income taxes in 1966. Over the mission and storage capacity problems in will also eliminate any increase in years the AMT has been amended sev- New England. funding for the education of our chil- eral times and has gone from what was Mr. LEAHY. I move to reconsider the dren. essentially a surcharge on tax pref- vote by which the amendment was I say to President Bush—we should erence items to the current system, agreed to. not leave our children behind. I am not which is generally considered a sepa- Mr. HATCH. I move to lay that mo- saying that Democrats do not support rate tax system that parallels the reg- tion on the table. a tax cut. To the contrary. However, ular individual income tax but having The motion to lay on the table was the difference between Democrats and its own definitions of income, its own agreed to. Republicans is that Democrats are un- rates, and its own problems.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.071 pfrm02 PsN: S08PT1 S1206 CONGRESSIONAL RECORD — SENATE February 8, 2001 There are two basic problems with icy Priorities just came out. I want to in three families would not receive any as- the AMT. Number one, there are many read one statistic. This is Bob Green- sistance from the Administration’s proposal. items considered in AMT determina- stein’s organization. Bob received one The key findings of our analysis include: tion that simply should not be there, An estimated 12.2 million low- and mod- of those McArthur genius grants. He erate-income families with children—31.5 and number two, the exemption deserves it. This data on the tax cuts is percent of all families—would not receive amounts are not indexed. Last Con- so important. It says: any tax cut from the Bush proposal. Some 80 gress I took the lead on combating the An estimated 12.2 million low- and mod- percent of these families have workers. former problem, and Senator LUGAR erate-income families with children—31.5 Approximately 24.1 million children—33.5 took the lead on the latter. This year percent of all families—would not receive percent of all children—live in the excluded we have come together in a bipartisan any tax cut from the Bush proposal.... families. way to fight both. Approximately 24.1 million chil- Among African-Americans and Hispanics, There are several tax credits, includ- dren—33 percent of all the children in the figures are especially striking. While one-third of all children would not benefit ing the child tax credit which Presi- the country—live in these families, and dent Bush proposes to double and the from the Bush tax plan, more than half of among African Americans and His- black and Hispanic children would not re- Adoption Credit which Senator panics, the figures are even more strik- ceive any assistance. An estimated 55 per- LANDRIEU is working so hard to revise ing: 55 percent of African American cent of African-American children and 56 and expand, that are considered pref- children and 56 percent of Hispanic percent of Hispanic children live in families erence items when determining AMT children will receive no tax break at that would receive nothing from the tax cut. liability. These personal credits along all because it is not refundable. We Of the 24.1 million children living in fami- with the standard deduction and the have to live up to our words of ‘‘leave lies that would receive no benefit from the tax cuts, an estimated 10.1 million are non- personal exemption can hardly be con- no child behind.’’ sidered luxury preference items and in- Hispanic whites, 6.1 million are black, and I ask unanimous consent that this 6.5 million are Hispanic. cluding them in the AMT calculation study by the Center on Budget and Pol- Even the Bush proposal to double the child goes against the spirit of the reform icy Priorities be printed in the RECORD. tax credit—the feature of his tax plan that which brought about the AMT. The bill There being no objection, the mate- one might expect to provide the most assist- which I have introduced will perma- rial was ordered to be printed in the ance to children in low- and moderate-in- nently remove the nonrefundable per- RECORD, as follows: come families—would be of little or no help sonal credits, the standard deduction to many of them. This proposal would pro- [From the Center on Budget and Policy vide the largest tax reductions to families and the personal exemptions from the Priorities, Feb. 7, 2001.] AMT formula. In short, Mr. President, with incomes in the $100,000 to $200,000 range AN ESTIMATED 12 MILLION LOW- AND MOD- no one should be forced into paying and confer a much larger share of its benefits ERATE-INCOME FAMILIES—WITH 24 MILLION on upper-income families than on low- and higher taxes because they took the CHILDREN—WOULD NOT BENEFIT FROM BUSH middle-income families. Hope Scholarship Credit, the deduction TAX PLAN Under the Bush plan, the maximum child for their spouse and dependents, or be- (By Isaac Shapiro, Allen Dupree and James credit would be raised from $500 per child to cause they take the credit for the de- Sly) $1,000. Filers with incomes in the $110,000 to pendent care services necessary for About 12 million low- and moderate-in- $200,000 range would benefit the most from keeping a job! It is time to perma- come families with children—nearly one in this proposal because the proposal raises the nently protect working families from every three U.S. families—would not receive income level above which the child credit having to choose between higher taxes any assistance from the tax provisions that phases out from $110,000 to $200,000 extending and family credits. President Bush is likely to send to Congress the credit for the first time to those in this The second provision of this bill in- on February 8. An estimated 24 million chil- income category. For many of these relatively affluent taxpayers, the child credit creases the individual exemption dren under age 18—one in every three children—live in these families. would rise from zero to $1,000 per child. By amount for the AMT, and indexes it For certain groups, the proportions of fam- contrast, millions of children in low- and from here on out. This indexing will ilies and children not benefitting from the moderate-income working families would make sure that limits we set stay eco- plan are higher. A majority of black and His- continue to receive no child credit, or their nomically accurate as inflation reduces panic children live in families that would credit would remain at its current level of the value of the exemption over time. not benefit from the plan. For these families $500 per child or rise to less than $1,000 per I believe this plan is a comprehensive and their children, the tax package neither child (because their families would have in- and bipartisan way to take on this raises after-tax income nor reduces their fre- sufficient income tax liability against which issue and put it to rest for the long quently high marginal tax rates. to apply the increase in the child credit). As a consequence, Institute on Taxation term. Even if we do not choose this ap- This analysis investigates these figures in more detail and then examines the reason and Economic Policy data indicate that proach, which I believe is the most ef- that so many families and children do not when the increase in the child credit is fully fective and cost effective approach, benefit—the families have incomes too low in effect: something clearly has to be done now to owe federal income taxes. This leads to a Some 82 percent of the benefits from the or the AMT will explode in the coming discussion of whether families that do not child credit proposal would accrue to the 40 few years. According to research by the owe income taxes should benefit from a large percent of families with the highest incomes. Joint Tax Committee and the Treasury tax-cut proposal and the extent to which Only three percent of the benefits from this Department, the number of taxpayers they owe taxes other than income taxes, proposal would accrue to the bottom 40 per- affected by the AMT is expected to bal- most notably the payroll tax. cent of families. WHO WOULD BE EXCLUDED? The top 20 percent of families would re- loon from 1.3 million in 2000 to 17 mil- ceive 46 percent of the tax-cut benefits from We examined the latest data from the Cen- lion by 2010. That is almost 16 percent this proposal, a larger share than any fifth of sus Bureau to estimate the number of fami- of all taxable returns! A return, by the the population would receive. lies and children under 18 who would receive way, which takes on the average 5 WHY FAMILIES WOULD NOT BENEFIT hours and 39 minutes to fill out. Of no assistance from the Bush tax plan. The data are for 1999. We examined the Bush plan During 2000, Bush campaign officials tout- those 17 million taxpayers, 4.5 million as proposed in the campaign and recently ined their tax-cut plan as benefitting lower-in- are expected to be taxpayers who have troduced by Senators Gramm and Miller; our come taxpayers substantially in two key to give up part of their tax credits to analysis considers the effects of the plan as ways—by doubling the child credit to $1,000 avoid the AMT tax liability. That is if it were in full effect in 1999. per child and by establishing a new 10 per- wrong and hard working middle-income The findings of this analysis are consistent cent tax-rate bracket. Some married fami- families deserve better. with an independent analysis of who is left lies also would benefit from the plan’s two I ask my colleagues to take a fair out of the Bush plan that has been conducted earner deduction. None of these features, look at this legislation and let’s work by researchers at the Brookings Institution however, affect a family that has no income together to put the AMT back into rea- and with data from the tax model of the In- tax liability before the Earned Income Tax stitute on Taxation and Economic Policy. Credit is computed. son. The findings of the Brookings researchers (as A large number of families fall into this f part of a general analysis of tax ideas to as- category. As a result of the combination of TAX CUTS sist working families that will be published the standard deduction (or itemized deduc- later this week) and the unpublished data tions if a family itemizes), the personal ex- Mr. WELLSTONE. Mr. President, a from the Institute on Taxation and Eco- emption, and existing credits such as the study by the Center on Budget and Pol- nomic Policy both indicate that nearly one child tax credit, these families do not owe

VerDate 08-FEB-2001 04:10 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.029 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1207 federal income taxes. (As described below, despite having a significant net tax burden. ment and increased income that there were these families can pay substantial amounts In her case as well, her payroll taxes would positive effects—such as higher school in other taxes, such as payroll and excise exceed her EITC by $2,325. achievement—for their elementary school- taxes, even after the Earned Income Tax 2. The Bush approach fails to reduce the aged children. Credit is taken into account.) high marginal tax rates that many low-in- 4. The rewards from the surplus should be The level at which families now begin to come families face. Throughout the presi- spread throughout the population. The Bush pay federal income taxes is approximately dential campaign and early into the new tax package is likely to consume most, if not 130 percent to 160 percent of the poverty line, Presidency, President Bush and his advisors all, of the available surplus outside Social depending on family type and family size. have cited the need to reduce the high mar- Security and Medicare. A recent Center on For example, in 2001, a two-parent family of ginal tax rates that many low-income work- Budget and Policy Priorities analysis pegs four does not begin to owe income tax—and ing families face as one of their tax plan’s the cost of the Bush plan at more than $2 thus does not begin to benefit from the Bush principle goals. They have observed that a trillion over 10 years, which would exceed plan—until its income reaches $25,870, some significant fraction of each additional dollar the surplus that is likely to be available out- 44 percent above the poverty line of $17,950. these families earn is lost as a result of inside Social Security and Medicare when real- Families below the poverty line would re- creased income and payroll taxes and the istic budget assumptions are used. If large ceive no assistance from the tax cut. Nor phasing out of the EITC. Ironically, however, tax cuts are to be provided, it is appropriate would many families modestly above the a large number of low-income families that to dedicate some portion of those tax cuts to poverty line. confront some of the highest marginal tax the people with the most pressing needs, The framers of the Bush plan could have rates of any families in the nation would not such as low-income working families with assisted low-income working families by im- be aided at all by the Bush plan. children. Analysts across the ideological spectrum proving the EITC. Alternatively, the Bush f plan could have expanded the dependent and have long recognized that the working fami- child care tax credit and made it available to lies who gain the least from each additional THE PUBLIC EDUCATION REIN- the low-income working families who cur- dollar earned are those with incomes be- VESTMENT, REINVENTION AND rently are denied access to this credit between about $13,000 and $20,000. For each ad- RESPONSIBILITY ACT cause it is not refundable. Or, the plan could ditional dollar these families earn, they lose have increased the degree to which the child up to 21 cents in the EITC, 7.65 cents in pay- Mr. CARPER. Mr. President, I am tax credit is refundable. The plan takes none roll taxes (15.3 cents if the employer’s share very pleased to rise today in support of of these steps. of the payroll tax is counted), 24 cents to 36 the Public Education Reinvestment, cents in food stamp benefits, and additional WHAT FAMILIES SHOULD BENEFIT? Reinvention, and Responsibility Act. I amounts if they receive housing assistance Since the reason 12 million families and want to congratulate my good friends, or a child care subsidy on a sliding fee scale the Senator from Connecticut and the their children would not benefit from the or are subject to state income taxes. Their Bush plan is that they do not owe federal in- marginal tax rates are well above 50 percent. Senator from Indiana, for their strong come taxes, some have argued that it is ap- Yet the Bush plan does not provide any as- leadership on this issue. When they propriate they not benefit. ‘‘Tax relief sistance to them. first introduced this legislation back should go to those who pay taxes’’ is the Ways to reduce marginal tax rates for such last year, the prospects for bipartisan short-hand version of this argument. This families are available and not especially ex- education reform looked far different line of reasoning is not persuasive for several pensive. They basically entail raising the in- reasons. than they do today. Members on the come level at which the EITC begins to two sides of the aisle were sharply di- 1. A significant number of these families phase down as earnings rise, and/or reducing owe taxes other than federal income taxes, the rate at which the EITC phases down. Bi- vided over the future of the Federal often paying significant amounts. For most partisan legislation introduced last year by role in education. As a result, the Con- families, their biggest federal tax burden by Senators Rockefeller, Jeffords, and Breaux gress failed last year to reauthorize the far is the payroll tax, not the income tax. follows such a course, as do proposals made Elementary and Secondary Education Data from the Congressional Budget Office by Rep. Ben Cardin and the Clinton Adminis- Act for the first time in its 35-year his- indicate that in 1999, three-quarters of all tration. tory. U.S. households paid more in federal payroll 3. Consistent with the objective of helping Last year, it took courage and fore- taxes than in federal income taxes. (This working families lift themselves out of pov- comparison includes both the employee and erty, an additional income boost would be sight for the supporters of this legisla- employer share of the payroll tax; most worthwhile. A key theme of welfare reform tion to step into the partisan breach in economists concur that the employer’s share has been to prod, assist, and enable families the way that they did. This bill re- of the payroll tax is passed along to workers to work their way out of poverty. The prin- ceived all of 13 votes when it was first in the form of lower wages.) Among the bot- ciple of helping families work their way out brought to the floor. Today, we ought tom fifth of households, 99 percent pay more of poverty has gained support across the po- to all be grateful for the leadership of in payroll than income taxes. Low-income litical spectrum. This principle is important those 13 senators, because this year the families also pay excise taxes and state and for married families and single-parent fami- Public Education Reinvestment, Re- local taxes. While the Earned Income Tax lies, and there is considerable evidence that Credit offsets these taxes for most working welfare reform—in combination with a invention, and Responsibility Act rep- families with incomes below the poverty strong economy, low unemployment rates, resents the best hope and the best blue- line, many families with incomes modestly and the EITC—has significantly increased print for finally achieving meaningful, above the poverty line who would not benefit employment rates among single mothers. bipartisan reform of the Federal role in from the Bush plan are net taxpayers. Providing increased assistance to the work- education. Consider two types of families earning ing poor through the tax system could fur- For the last eight years, I had the $25,000 a year in 2001, an income level the Ad- ther the goal of making work pay. great privilege of serving my little ministration has used in some of its exam- Such assistance is particularly important State as governor. During that time, I ples: since much of the recent gains in the earn- A two-parent family of four with income of ings of the working poor have been offset by worked together with legislators from $25,000 would pay $3,825 in payroll taxes declines in other supports. For example, both sides of the aisle, with educators (again, counting both the employee and em- from 1995 to 1999 the poorest 40 percent of and others, to set rigorous standards, ployer share) and lesser amounts in gasoline families headed by a single mother experi- to provide local schools with the re- and other excise taxes. The family pays var- enced an average increase in earnings of sources and flexibility they needed, and ious state taxes as well. The family’s Earned about $2,300. After accounting for their de- in return to demand accountability for Income Tax Credit of $1,500 would offset well crease in means-tested benefits and increases results. We in Delaware have not been under half of its payroll taxes. in taxes, their net incomes rose a mere $292. alone in this endeavor. We have been Even if just payroll taxes and the EITC are (Both changes are adjusted for inflation.) considered, the family’s net federal tax bill In addition, a study the Manpower Dem- part of a nationwide movement for would be $2,325. Nonetheless, this family onstration Research Corporation has just re- change—a movement of parents and would receive no tax cut under the Bush leased finds that improving income—and not teachers, of employers, legislators and plan. just employment—is important if the lives of governors, who believe that our public The Administration has used the example children in poor families are to improve. The schools can be improved and that every of a waitress who is a single-mother with MDRC report examined five studies covering child can learn. two children and earns $25,000 a year. If this 11 different welfare reform programs. The re- As a former chairman of the National waitress pays at least $170 a month in child port’s central finding was that increased em- care costs so she can work and support her ployment among the parents in a family did Governors’ Association, I can attest family—an amount that represents a rather not by itself significantly improve their chil- that the Federal Government is fre- modest expenditure for child care—she, too, dren’s lives. It was only in programs where quently a lagging indicator when it would receive no tax cut under the Bush plan the parents experienced increased employ- comes to responsiveness to change. It

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.015 pfrm02 PsN: S08PT1 S1208 CONGRESSIONAL RECORD — SENATE February 8, 2001 is clearly states and local communities We have 200 public schools in my concept of globalization at least 50 that are leading the movement for small State, and students in all of years before it gained such notoriety to change in public education today. The these schools take our test measuring earn a name. bill we introduce today does not seek what they know and can do in reading, It was primarily that impulse to en- to make the Federal Government the writing, and math. We also measure gage the world that brought Alan into leader in education reform by micro- our schools by the incidence of pov- elective office and eventually to the managing the operation of local erty, from highest to lowest. The United States Senate. As State of Cali- schools. Nor does this legislation seek school with the highest incidence of fornia Controller from 1958 to 1967, he to perpetuate the status quo in which poverty in my state is the East Side worked to rationalize the booming the Federal Government passively Charter School in Wilmington, Dela- state’s finances and ensure that all funds and facilitates failure. Rather, ware. The incidence of poverty there is Californians could benefit from that this legislation seeks for the first time 83 percent. Its students are almost all phenomenal rise. to make the Federal Government a minority. It is right in the center of But it was in the Senate where Alan partner and catalyst in the movement the projects in Wilmington. In the first could most effectively work toward his for reform that we see all across this year after East Side Charter School vision of a peaceable world. Before the country at the State and local level. opened its doors, very few of its stu- people of California sent him here in This legislation refocuses Federal pol- dents met our state standards in math. 1968, he learned about the Senate’s icy on doing a few things, but doing Last spring, every third grader there moderating influence and the con- them well. It redirects Federal policy who took our math test met or exceed- sequences of its shirking that role. In toward the purpose of achieving results ed our standards, which is something his post-World War ‘‘Killing of the rather than promulgating yet more that happened at no other school in the Peace,’’ Alan explained how the U.S. rules and regulations. Senate’s defeat of the League of Na- I believe we have a tremendous op- state. It’s a remarkable story. And it’s been possible because East Side Char- tions contributed to the outbreak of portunity this year to achieve bipar- that war and the horrible events that tisan consensus to reform and reau- ter School is a remarkable school. Kids can come early and stay late. They followed. thorize the Elementary and Secondary Most of his activities during his im- Education Act, and in so doing to re- have a longer school year. They wear school uniforms. Parents have to sign a pressive 24 years here were an expres- deem the original intent of that land- sion of his deep desire for the Senate to mark legislation. I want to express my contract of mutual responsibility. avoid similar mistakes. He brought a appreciation to our new President for Teachers are given greater authority special seriousness of purpose and at- his interest in renewing educational to innovate and initiate. tentiveness to arms control issues as opportunity in America and leaving no We need to ensure that parents and diverse as the Strategic Arms Limita- child behind. There is much in the leg- students are getting what they want islation we introduce today that and need, and if they’re not getting tion Talks and ongoing production of squares with the plan that the Presi- what they want and need that they the B–2 Stealth Bomber. On several oc- dent sent to Congress last week. We on have the choice—and most importantly casions, I joined him in opposing the this side of the aisle agree with the that they have the ability—to go some- production of new, destabilizing types President that we need to invest more where else. A $1,500 voucher, doesn’t of nuclear weapons, and I was always Federal dollars in our schools, particu- give parents that ability, at least not struck by Alan’s sense of nuance and larly in schools that serve the neediest in my State. Public school choice and willful resolve. students. We also agree that the dol- charter schools do. Alan was not one to ignore his own lars we provide, we should provide We agree on many things. Where we personal responsibilities to the Senate. more flexibly. And we agree that if we disagree, as on vouchers, I believe we As Democratic Whip, Alan made this are going to provide more money, and can find common ground. I believe that body run efficiently. If there is anyone if we are going to provide that money we can come together, for example, to who was never afraid to count the more flexibly, we should demand re- provide a ‘‘safety valve’’ to children in votes, it was Alan. He knew how to sults. That’s the formula: invest in re- failing schools, in the way of broader smoke us out on our intentions. What form; insist on results. public school choice and greater access made him so effective was his persua- I believe we also agree with our new to charter schools. I am therefore hope- sive argumentation and downright per- President that parents should be em- ful, about the prospects for bipartisan sistence. Sometimes he could change powered to make choices to send their agreement and for meaningful reform. my mind faster than he could run a 100- children to a variety of different To that end, I urge my colleagues to yard dash, which was pretty fast con- schools. We agree that parents are the support the Public Education Reinvest- sidering he was a lifelong record-set- first enforcers of accountability in pub- ment, Reinvention, and Responsibility ting sprinter. lic education. Where we disagree is in Act. It was unsurprising that after his how we provide that choice. The Presi- f Senate career he led the non-profit dent believes that the best way to em- Global Security Institute where he A TRIBUTE TO SENATOR ALAN power parents and to provide them continued to press from arms control CRANSTON with choices is to give children and initiatives. The Institute provided a their parents vouchers of $1,500. With Mr. LEAHY. Mr. President, it is with perfect platform from which he could all due respect, that is an empty prom- great sadness that I rise today to pay promote his expanded notion of secu- ise. In my State, you just can’t get tribute to our friend and colleague rity. After the Cold War, Alan realized your child into most private or paro- Alan Cranston. His death on December before everyone else that security no chial schools for $1,500 per year. That is 31 last year was a shock. Alan was such longer meant merely protection from simply an empty promise. a life force that it is hard for me to weapons of mass destruction. He saw I believe there is a better way. I be- imagine his silence and his not being that security in the new millennium lieve we’ve found a better way in my there for great arms control debates. was also about avoiding environmental little state of Delaware. Four years Senator Cranston was a man of con- degradation, securing our food supply, ago, we introduced statewide public viction, a true humanitarian in every and educating our children. school choice. We also passed our first sense of those words. He began his ca- Alan was a forward-thinker and an charter schools law. I knew that this reer in public policy in the 1930s as a alternative voice at a time when con- was going to work when I heard the fol- journalist warning his readers of the ventional wisdom demanded examina- lowing conversation between a school dangerous rise of fascism. He knew tion. He worked to make our world administrator and some of his col- even then that the United States was safer, and he was a good friend. I will leagues. He said, ‘‘If we don’t provide locked in an intricate web of relations miss him greatly. parents and families what they want with the rest of the world and that our THE ALAN CRANSTON I KNEW: INTENSITY, and need, they’ll send their kids some- attempts to ignore that web could only INTEGRITY, AND COMMITMENT where else.’’ I thought to myself, lead to calamity for ourselves and Mr. BIDEN. A couple of weeks ago I ‘‘Right! He’s got it.’’ those around us. Alan understood the had the sad duty to travel to California

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.068 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1209 to represent the Senate and the Senate Harris Wofford, former U.S. Senator from He was much more than my father-in-law, he Foreign Relations Committee at a me- Pennsylvania. was my friend, my advisor and now and I morial service for Senator Alan Jane Goodall, Primatologist. know he will love this he has become my Cruz Reynoso, former Justice, California Jiminy Cricket, that little voice in my con- MacGregor Cranston. It was a moving Supreme Court. science that says, ’think before you leap!’ ceremony, a chance for all those in at- Jonathan Granoff, CEO, Global Security Kim, Evan our seven-year-old daughter and tendance to rededicate themselves to Institute. I live right next to Alan’s on the same prop- the noble goals which shaped Alan The Very Reverend Alan Jones, Dean, erty. Alan’s big sister, who we call RE, lived Cranston’s life. Grace Cathedral. up the hill from us until recently. This ar- Alan Cranston will be remembered by ALAN JONES. Good afternoon. I am Alan rangement was such a gift for everyone! Alan those of us who knew and loved him as Jones, the Dean of the Cathedral, and it is and Evan had great sunset walks together, evenings of art work and stories around the a man of peace who devoted much of my privilege to welcome you to Grace Cathe- dral for this celebration of the life of Alan fire at his place, and dinner dates out just his adult life—four terms in the Senate MacGregor Cranston. the two of them. They would dress up and go and a decade as director of the Global It is fitting that such a large-hearted man to a restaurant, often one with a piano play- Security Institute—to the tasks of pro- be honored and remembered in a soaring and er, and make an evening of it. Evan called moting nuclear arms control and en- splendid space. him ‘‘Gran.’’ One night when the two of them couraging world peace. These are not There was a comment in the London Times were returning from a walk, Kim called me about the public reaction to the death of out to the balcony and said, ‘‘Listen!’’ We small objectives, but of course Alan could hear their voices but couldn’t see them Cranston’s interests extended beyond Diana, Princess of Wales. First, it showed that our instinct for devotion is still deep yet. Alan was saying, ‘‘Well, you know, them, literally, ‘‘. . . from the Red- within us. Second, that huge emotions re- Evan, I don’t know why that’s true, but it is wood Forests to the Gulf stream wa- quire huge spaces, like cathedrals. And third, true dogs love to ride in cars and cats don’t.’’ ters.’’ Never content to sit on the side- that the things we do in them are always up Just then they rounded the corner to come lines, Alan Cranston fought tirelessly for change. up the driveway and they were holding for the causes in which he believed: nu- And so I invite you first to allow the in- hands. A couple of years ago, the four of us spent clear disarmament, the environment, stinct for devotion, the call of something and someone larger than ourselves to well up in three weeks in the UK. Our first week in civil rights, and decent housing. He London, Alan was occupied with meetings brought the intensity of a sprinter and you this afternoon, and I think the Senator would have applauded anything that called and a quick turn-around to Geneva, but the the endurance of a marathoner to each us out of our cynicism and challenged us not final two weeks we toured the countryside of these causes. to accept futility as normal. with no particular itinerary except to visit During his tenure as a member of the I invite you also to acknowledge that huge some relatives in Scotland and the grave of Senate Foreign Relations Committee emotions require huge spaces. We need great Rob Roy MacGregor, an ancestor who Alan’s middle name is from. We also visited the from 1981–1993, Alan Cranston was a de- spaces and ways of celebration in order to locate ourselves in a larger vision of the graves of Alan and RE’s great-grandparents voted supporter of strong U.S. leader- six generations back, whose tombstones were human enterprise. ship in the world, whether it meant leaning together and touching. Each evening promoting the development of democ- And finally I invite you to be open to that fact, the fact that things we do in places like before dinner, Alan would tell Evan a story, some lasting forty-five minutes. In the par- racy in the Philippines and Cambodia this are always up for change. Life is never lor of one bed and breakfast where we stayed or working to halt the spread of nu- business as usual, and nothing would have for three nights, other guests would join in clear weapons. pleased Alan more than for us to leave this to listen and ask if they could come the next Alan Cranston knew that the United place resolved to make a difference. night to hear the stories, they were that So, we welcome you to the Cathedral for States could not go it alone in the good. world. In an age when American this celebration of the life of a man who held One of the most important, and I believe, unilateralism, if not isolationism, has a large and generous vision of what it is to reassuring lessons that we can take from be human. Alan’s life is that we do not have to be lim- gained a certain currency in Wash- Our best way to honor him is to share and ington, Alan Cranston’s life reminds us ited in our later years. When we tell people maintain that vision of a just and humane that Alan never retired, he never stopped that the highest aspirations of the society on a planet fit for all living beings. American people are those which lead working, they do not really hear that. The So as you remain seated, I invite you to truth is that he was the most disciplined, us to care about others and work with pray. diligent, and determined person I have ever Dear God, we thank you for the life and the others to address common problems. met. He was also still making friends with The intensity, integrity, and com- work of Alan MacGregor Cranston. His gen- and inspiring young people. Two such mitment Alan Cranston brought to erous spirit opened doors and touched many friends, a man in his thirties and a woman in lives for good. His faith in the human enter- her forties, touched us with their expressions public service stand as an example we prise inspired us to accept the great joy and all might follow as we begin work in of personal grief following Alan’s death. The responsibility of being human. His political young men in their twenties who work with this 107th Congress. skills ensured an enduring legacy. Mr. President, I would ask unani- Alan’s Global Security Institute, Patrick He was friend to those who had no voice, Neal, Zack Allen, and Tyler Stevenson, are mous consent that a transcript of the and a lover of the great spaces of the wilder- bright and motivated and will do great remarks made at Senator Cranston’s ness. His long life touched and was touched things in their own lives with memories of memorial service be printed in the by the great events of our time. He was a Alan staying with them. Don’t we all wish man for all seasons. RECORD. for a life of impact and meaning and a quick, There being no objection, the mate- In public life, he fought for what he be- painless end surrounded by those we love? He lieved with passion and hard work. His car- rial was ordered to be printed in the did most everything right! ing, open-heartedness and his respect for I can, of course, remember a difficult time RECORD, as follows: people touched the lives of many. His gen- in Alan’s career. At the time I was in an ALAN MACGREGOR CRANSTON MEMORIAL erous spirit wanted everybody to do well, elected position also, so I was very inter- SERVICE, GRACE CATHEDRAL IN SAN FRAN- and this generosity was infectious. ested in how he was handling it. As I CISCO, JANUARY 16TH, 2001 And so we thank you for his capacity for watched what was happening to him, I asked The following friends and family took part friendship, his probing intelligence, and his him, ‘‘Alan, how can you bear this?’’ He an- in the extraordinary memorial service of refusal to be enticed into meanness and pet- swered, ‘‘Colette, there are politics in the Alan MacGregor Cranston: tiness. locker room, the boardroom and the United The Very Reverend Alan Jones, Dean, Finally, we thank you for his life and ex- States Senate. Since you have to put up with Grace Cathedral. ample, and we commend him into your gra- them wherever you are, I want to be in the Colette Penne Cranston, daughter-in-law of cious care. May we honor him by rededi- Senate, where the politics are intense, but I Alan Cranston. cating ourselves to peace on Earth, and can get the most done.’’ Kim Cranston, son of Alan Cranston. goodwill to all people, and to building a Over Thanksgiving, Alan and his sister Gray Davis, Governor of California. more just and inclusive America. Amen. took a week’s vacation together. He was Joseph Biden, US Senator from Delaware. COLETTE PENNE CRANSTON. Hello! I am working to finish his book on sovereignty Ted Turner. Alan’s daughter-in-law, Colette. I am the rather than just relaxing by the pool and she Sally Lilienthal, President, Ploughshares first speaker because I need to be. Our said, ‘‘you work too hard’’. He replied, ‘‘I Fund. daughter has commented that I seem to have want to stagger across the finish line know- William Turnage, former President, Wil- an endless supply of tears. Since I was hon- ing I’ve done all I possibly can!’’ He did not derness Society. ored to have such a close, personal relation- stagger, he was still sprinting! James Hormel, former U.S. Ambassador to ship with Alan, I wanted to give you some I want to close with a message from our Luxembourg. insights into his gentle, unwavering spirit. seven-year-old daughter, Evan. Her Brownie

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.071 pfrm02 PsN: S08PT1 S1210 CONGRESSIONAL RECORD — SENATE February 8, 2001 troop leader read a story about loss that she all known life in the universe forever, either Alan was a native Californian who grew up said helped her. It was about a badger who through a sudden nuclear holocaust or the to be an extraordinary public servant. He was the oldest and wisest member of a com- more gradual destruction of the environ- had a sharp intellect, a humility of spirit, munity of animals. He knew that because of ment. Simultaneously, we are developing the and a quality of compassion that is rare in his age, he might die soon. Dying meant only capacity to create sustainable and economi- life and rarer still in public life. He was an that he would leave his body behind, and as cally just societies. extraordinary person. Yes, he was a prag- his body didn’t work as well as when he was What those of us alive now do together matist who understood that progress was a young, he wasn’t too concerned about that. may well determine which of these two paths long struggle for common ground. But he His only worry was how his family and we take, and could help decide the fate of the was also an idealist who believed that vio- friends would feel. He died before the start of human race. There exists a small window of lence anywhere was a threat to freedom ev- a winter and the animals were very sad. But opportunity for us to act. A window of oppor- erywhere. as they thought about him they realized he tunity that may well not exist for the gen- He reminded us that there is a moral force had given them each something to treasure: erations of our children or their children. If in this world more powerful than the mighti- a parting gift of a skill or piece of knowl- humanity is to continue, if we are to prosper est of nations or the force of arms. And one edge. Evan said, ‘‘Didn’t Gran help lots of rather than perish, we must transform our by one, he tackled the great issues of our people and do lots of things to make the society and develop effective approaches to time: World peace; arms control; veterans’ world better?’’ I said, ‘‘Yes, he left behind resolve those challenges that we share and health; environment. One by one, he made a countless parting gifts for all of us to never can only address at the global level. This is difference. forget!’’ the task before our generation and it was to For those of you fortunate enough to spend KIM CRANSTON. Thank you all for being that end that Alan devoted most of his work- some time in the Golden Gate National Rec- here today to celebrate Alan’s life—yes, I too ing life. reational Area or the Santa Monica Moun- called him Alan. The fourth lesson is that in view of all this tains or the desert lands that he protected, In the program for this ceremony is the ob- it is important to keep a sense of humor. you know what a difference he made. Future servation of the Chinese philosopher Lao-Tzu Colette told me she’d recently spoken with generations will acknowledge their debt of that Alan carried in his pocket most of his Alan about something someone had done gratitude to Alan Cranston, and it is most life as a guide to the style of leadership he that affected them both, which she found appropriate that we thank him today. Alan was also a very good politician. He practiced. It begins by observing that leaders very disturbing. Colette asked Alan why it ran every race with the same focus and in- are best when people barely know that they didn’t seem to bother him as much and he re- tensity that he learned running the hundred- exist, and concludes by observing that of the plied: ‘‘I find that in situations like this I yard dash back at Stanford. He was almost best leader, when his work is done and his can choose to be either terrified or amused.’’ always the underdog. Critics dismissed his aim fulfilled, the people will all say, ‘‘we did And the fifth lesson is to be compassionate chances, saying he lacked the charisma to this ourselves.’’ to our fellow living beings. win. But Alan proved time and again that in In the world of modern politics in which Of course, I learned a great deal more from this state character, not charisma, is what name recognition is so important, this ap- Alan, but these are the lessons foremost in people want most. proach to leadership presented an interesting my mind today. He became only the second Californian to While to many people Alan seemed a whirl- paradox for Alan, which is also present today be elected four times to the United States as we celebrate the accomplishments of his wind of activity, he was also a voracious Senate—Hiram Johnson being the first. He life. reader and a prolific writer. became the patron saint of every candidate I understand, however, that there is a lit- In 1945, he published ‘‘The Killing of the for office inflicted with a charisma deficit, tle known addendum to Lao-Tzu’s observa- Peace,’’ which detailed how a small group of myself included. He is my personal hero. tion that states that ‘‘after such a leader has people defeated Woodrow Wilson’s campaign Alan may have lacked charisma, but he passed on, people will join together to mourn to create the League of Nations to address was enormously resourceful. Eleanor tells in their loss, celebrate their accomplishments, the global challenges we face, and which the her book the story of Alan’s first race for and recommit to the causes they shared.’’ I New York Times called one of the ten most Controller in 1958. Alan knew someone who welcome you here today in that spirit. important books of the year. had a television show in Los Angeles. But Alan touched many people’s lives in many And just a few days before he passed on, the host of the show reminded Alan he was different ways. We all have stories we can Alan completed a book—‘‘The Sovereignty contractually obligated to talk about con- tell about times we spent and things we did Revolution’’ that begins with the following tact lenses. He couldn’t mention he was a with Alan to make the world a better place. passage: candidate for office and under no cir- This afternoon we have time for just a few of It is worshiped like a god, and as little un- cumstances could he say he was a Democrat. Alan’s friends and collaborators to share derstood. But as I said before, Alan was very resource- some of their stories with us. I want to in- It is the cause of untold strife and blood- ful. So he went on the show just a few days vite each of you to join us after this cere- shed. Genocide is perpetrated in its sacred before his election and he said, ‘‘My name is mony at the reception at the Fairmont Hotel name. Alan Cranston. I’m running up and down the where, in addition to having the opportunity It is at once a source of power and of pow- state making contacts and jumping in front to catch up, laugh, and cry, there will be er’s abuse, of order and of anarchy. It can be of lenses. I am Alan Cranston.’’ The viewing video cameras so each of you can take a mo- noble and it can be shameful. audience didn’t have a clue what he was ment if you’d like to tell your story. It is sovereignty. talking about. But he mentioned the name My own story is simple. I was incredibly I commend this book to you all and I’m Alan Cranston eight times. And even though blessed to have had Alan as a wonderful fa- happy to announce today it will soon be he’d never been elected to public office be- ther, my dearest and oldest friend, a treas- available through, among other places, the fore, he was elected Controller of the State ured teacher and mentor, and an invaluable web site for the Global Security Institute of California. So Alan knew what he was collaborator and leader in addressing the (www.gsinstitute.org), the nonprofit organi- talking about. great challenges of our time. zation Alan recently founded to advance his Finally my friends, Alan Cranston was It is almost unbearable for me to think we work to abolish nuclear weapons and ad- part of the World War II generation. A gen- will never again in this life share another vance global security. eration that Tom Brokaw has aptly de- meal, or football game, or joke or prank, or While we all miss Alan, we can take solace scribed as our ‘‘Greatest Generation.’’ A gen- afternoon discussing strategy. in knowing that he fulfilled the purpose of eration from which much was asked and a I learned many, many things from Alan. making a difference with his life and leaving great deal was given. A generation that went Five stand out today. the world a better place. to Europe and stood down Adolf Hitler’s Nazi First, I learned about the subtle, profound In closing, I want to thank you again for regime, rescued the survivors of the Holo- power of the style of leadership he practiced. being here to mourn the loss we all share, caust, and literally saved democracy as we In the past few days it’s been very enriching celebrate what we’ve accomplished, and re- know it today. for me to reflect on Lao-Tzu’s observation of commit to the causes that brought us to- It was a generation that came home with leadership and everything that Alan helped gether. As Alan would say at the end of near- no expectation of recognition and went us accomplish in his lifetime. ly all of his speeches, I thank you for all you about rebuilding a new America. A genera- Second, I learned that the greatest mean- are doing and urge you onward. tion that built roads, hospitals and busi- ing in life is found in making the world a Thank you. nesses, and paved the way for the digital better place. As one of Alan’s heroes, Martin GRAY DAVIS, At first I want to express the economy, although most did not live to Luther King, Jr., observed ‘‘Life’s most per- deep condolences of my wife Sharon and I to enjoy it. A generation that did their duty, sistent and urgent question is ‘‘What are you Eleanor Cameron, Alan’s sister, to Kim, and then came home. doing for others?’’ Colette, and to the extended Cranston fam- God has called Alan Cranston home. I Third, I learned something Alan under- ily. know God has blessed his soul. I know God stood early on: We live in one of the most ex- My friends, we come here today not just to will give Alan enduring peace for which he traordinary moments in human history. In mourn Alan Cranston, but to honor him. struggled his entire life to try and obtain for our lifetimes, for the first time since humans We’re greatly saddened by his passing, but all the peoples of the world. I ask you to say have inhabited the earth, we have developed we’re grateful for his extraordinary life and a prayer tonight for Alan, his family and his the capacity to destroy human and perhaps the rich legacy he left behind. loved ones.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.074 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1211 It was my honor to lower the flag today in ‘‘The qualities of youth: not a time of life there are a lot of us that are going to con- recognition of his remarkable career, and it’s but a state of mind, a temper of the will, a tinue his work, and I am one of them. We’re my honor now to present it to Kim and quality of imagination, a predominance of going to miss you very much, Senator. Colette. Thank you. courage over timidity, of the appetite for ad- Thank you very much. JOSEPH BIDEN. My name is Joe Biden. I venture over the love of ease.’’ SALLY LILIENTHAL. Jonathan Schell wrote served with Alan for twenty of his twenty- We’ve all heard that quote a thousand recently that Alan Cranston has quietly four years in the Senate, but I consider my- times, but I can think of none other that de- done more than any other American to mar- self more a student of Alan’s. Kim, Colette, scribes the Alan Cranston that I worked shal public will to abolish nuclear weapons. Evan, I never fully understood your father’s with, although some of you knew him much He brought the issue of nuclear arms reduc- tenacity, by the way, until I heard the re- more intimately. tions and abolition to the attention of busi- peated emphasis on the middle name Alan’s commitment to arms control, his ness leaders, policy makers and cultural fig- MacGregor. Now I understand it better. Elea- passion for environmental protection, his ures—and most difficult of all, to retired nor, my sister Valerie says it’s very difficult leadership in public housing and transpor- generals and admirals. And never by email— raising a brother; you obviously did well at tation, women’s rights, civil rights, civil lib- he didn’t have it. your chore. erties, his concern for justice in immigration Our last endeavor together was a national I’m very grateful, and indeed privileged, laws; those efforts, those views had nothing campaign to mobilize places of worship, for having the honor of being here today to to do with fashion, and everything to do with which is gathering steam today in Christian represent the US Senate and the Senate For- conviction. churches, Jewish synagogues and Muslim eign Relations committee. It’s a task that’s The Senator was not one for looking at a mosques, and which was originally housed well beyond my capabilities, because the life situation and deciding what he believed, he and organized at the Washington Cathedral we commemorate was so extraordinary. To knew exactly what he believed. His public in the nation’s capital—The other cathedral. you, his family, to us, his colleagues and positions were not just what he said and Early last summer, two years of work friends, and to the people of this state and what he did, they were who Alan Cranston came to fruition at an ecumenical service nation, we’re not likely to see anyone like was. where religious figures together with former Alan, anytime soon. The senator was armed with conviction, generals and admirals called for the reduc- I can’t help but think of American archi- but he always knew that wasn’t enough. He tion and abolition of nuclear weapons. That tect Daniel Burnham’s credo when I think of was an athlete, after all, and understood that started the ongoing campaign, the nub of Alan. He said— it’s not enough to have talent; that if you which was the statement Alan wrote and re- ‘‘Make no little plans, they have no magic want it to matter, you have to do something wrote to get it finally signed by eighteen re- to stir men’s blood. Make big plans, aim high with it, and work like hell at it. tired admirals and generals joining in with in hope and work, remembering that a noble, Alan Cranston did work, and he worked at twenty-one religious figures around the logical diagram once recorded will never die, leadership. He understood power, not as a re- country. Alan was a marvelous writer and but long after we are gone will be a living flection of status, but a tool for a purpose, consensus builder. It wasn’t easy to sign up thing, asserting itself with ever-growing in- and he used it as well as any man or women the top military figures to reduce and finally tensity.’’ I’ve ever known. abolish nuclear weapons, for abolition is not Intensity, big plans, no little plans, that In his 24 years in the Senate and the years part of Pentagon thinking. And besides less was the Alan Cranston that I knew. Most of since, Alan Cranston pushed our conscious- than four years before he had traveled widely us would consider it a successful career if we ness and our conscience on every issue of to recruit sixty-three different internation- did nothing other than be sued by Adolf Hit- consequence, particularly nuclear weapons. ally based generals and admirals to sign an- ler. But here’s a fellow, a young man who He was not just a powerful senator from other affirmation on the same subject. Let came back from Europe as a correspondent, California, not just an influential member of me read you two short sentences from the who felt obliged to translate accurately the Senate Foreign Relations Committee, statement signed by military and church Mien Kampf, who felt obliged to begin a cru- not just a democratic whip; he was truly a which is at the nub, one might say, of our ec- sade to expose Adolf Hitler. This is a fellow world leader on nuclear policy. In China, in umenical campaign. who didn’t just decide to help a little bit. I North Korea, in the Middle East, they had to ‘‘We say that a peace based on terror, a remember the lecture I got on redwood for- factor in Alan Cranston when they made peace based upon threats of inflicting annihi- ests. I had not seen one and did not know their decisions. lation and genocide upon whole populations, they had to be preserved. This is a fellow He was an internationalist in the great is a peace that is corrupting—a peace that is who had no lesser aim than to eliminate nu- American tradition, with an idealist’s love of unworthy of civilization.’’ clear weapons in his time, to guarantee ra- peace and a passion for freedom, and he had And he went on to write: ‘‘We say that it cial equality, to provide durable, affordable a realist’s understanding of the global bal- defies all logic to believe that nuclear weap- housing. I know of no man that I’ve served ance of power and simple human nature. ons could exist forever and never be used. with in the Senate, and I’ve been there twen- He had learned from history, he taught This nuclear predicament is untenable in the ty-eight years, who had as many intense in- from history, but kept his eye and his aim face of a faith in the divine and unacceptable terests and contributed so much to so many always on the future: the future of the Phil- in terms of sound military doctrine.’’ different endeavors. ippines, the future of our relationship with Alan was always positive. I never saw him What accounted for that intensity that Russia, and what that would mean to the downhearted during this laborious struggle dominated Alan’s character? It used to baffle world, the future of our natural resources, to rid the world of nuclear weapons. He was me until one day I figured it out—it was and the generation of Americans that we’ll tireless in working toward our goal and he Alan’s integrity, his honesty, his inability to never know. never ever thought of failure. So he leaves us rationalize to himself that he didn’t have Alan Cranston ran the hundred-yard dash with an active legacy—the most important any responsibility for this or that problem in under ten seconds when he was at Stan- legacy of all—that of hope, good solid hope. that he observed in this country. ford, and I might add under twelve and a half WILLIAM TURNAGE. My name is Bill Alan had an inner compass that would seconds when he was almost sixty years old. Turnage. I came to know—and to love—Alan have plagued most of us. He could spot injus- He was consistent, and he was fast, in a Cranston during my seven years in Wash- tice a mile away. He smelled hypocrisy al- hurry. I would suggest not to reach the fin- ington as President of the Wilderness Soci- most before he walked in the room. He knew ish line, but to get to the next race, the next ety. Kim has asked me to talk about Alan’s what had to be done, and he unfailingly did test, the next opportunity, the next possi- great work as an environmentalist. it, or at least attempted to do it, usually be- bility, always possibilities. The certainty of California—our golden state—has been fore anyone else, and almost always at some a redwood, the spirit of a wild river, ‘‘a pre- twice-blessed by the mountain gods. risk to himself. I think integrity, political dominance of courage over timidity, of the We have been granted a land among earth’s integrity, personal integrity, is doing what appetite for adventure over the love of ease.’’ most sublime yet diverse. you know to be right even when you know The playwright Sam Shepherd wrote, And we’ve been granted a few splendid it’s likely not to benefit you. Alan was one ‘‘character is an essential tendency. It can champions to protect that heritage. of the few people I served with who never, be covered up, it can be messed with, it can In early days, farsighted San Franciscans never wondered whether he should act based be screwed around with, but it can’t ulti- like Thomas Starr King and Frederick Bil- on whether what he was about to do was pop- mately be changed. It is the structure of our lings came forward to protect the Yosemite. ular. blood that runs through our veins.’’ Evan, The idea of a national park was born at the Alan MacGregor Cranston, born in 1914. He you’ve got good blood, kid. It runs through time—perhaps the best new idea our Amer- was almost thirty years my senior, yet he your veins. ican democracy has ever had. was one of the youngest people I have ever TED TURNER (via video). I could not begin And these early champions enlisted a great known and have ever served with. to say enough about my dear friend Senator Californian photographer—Carleton Wat- It was not just that his policy priorities Cranston, so sorry he’s passed away. He has kins—to make pictures that would help per- would fit under the heading of progressive, been an inspiration to me for a number of suade the Congress. although they would, but with Senator Cran- years, no more so than in the area of weap- And their dream of a Yosemite park was ston, the senator from California, it was ons of mass destruction. And even though he first given shape and form by America’s more than that. There was what Robert Ken- did not live to get to see the end and the abo- greatest landscape architect, Frederick Law nedy described as— lition of nuclear weapons from this world, Olmsted.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.077 pfrm02 PsN: S08PT1 S1212 CONGRESSIONAL RECORD — SENATE February 8, 2001 And when the Yosemite Sierra was threat- Mien Kampf. He already had served during paign with Marjorie Benton and Willie ened by hooved locusts—and loggers—and the Second World War both in the Office of Brown. Clare did not want me to do that. She miners—John Muir came forward and found- War Information and in the army. He would loved, Alan but did not think he could win, ed the Sierra Club—and he protected the augment that service during a long political and thought it was the one time in our life heart of the High Sierra, the range of light. career, including the resuscitation of the when I should stick to working as a lawyer And great Muir bequeathed the protection Democratic party in California and the out- and make some money. of the Yosemite to his inheritor, San Fran- standing twenty-four years during which he Like many who would rally to his quiet cisco’s native son, Ansel Adams. was a United States Senator. calls over the years, I could not say ‘‘no.’’ In They were two of the greatest environ- It was during his Senate years that we met his sixty years of public service Alan mental philosophs in our nation’s history. and developed a friendship which meant so brought many people of different persuasions And to turn their dreams into reality, Cali- much to me. I admired Alan’s courageous to say ‘‘yes’’ and to work together for good fornia was blessed with two of our nation’s stands on conservation and social justice, things. One of those times he played a key greatest environmental legislators, Phil Bur- and his unswerving dedication to the peace- part in my appointment to the U.S. Senate— ton and Alan Cranston. ful resolution of conflicts around the world. which I like to think was a good thing. And Alan and Ansel formed a very special I discovered coincidentally that his grand- Two days after Senator John Heinz died in friendship—a friendship dedicated to saving father had built the house next door to mine, an air crash, Governor Casey asked me if I wild California. Ansel wrote, in his autobiog- a fact which underscored his California roots knew a particular major donor to the Demo- raphy, ‘‘I have known many great people in and his deep concerns for the well-being of cratic Party and I said no. ‘‘Then why did he California’s history, spanning my 60 active his California constituents. Independently I write me this extraordinary letter asking me years. But I have never been in contact with met and became a friend of his son Kim, to appoint you to the Senate?’’ Casey asked. a public official of such integrity, imagina- which gave me a window into another dimen- I had no idea. That was the beginning of a tion, concern and effectiveness as Alan Cran- sion of Alan—Alan as father. flood of different, well-done letters in the ston...I have found him to be a great leader, One of Alan’s last acts as a Senator was to same vein, from a range of significant people one who transcends party politics for causes write the letters which started the long and around the country. A few days later Alan of essential human importance.’’ arduous process of my Ambassadorial ap- telephoned to tell me that as soon as he The honor roll of California’s wild places pointment. Alan was instrumental not only heard the news of John Heinz’s death he had Alan helped save is too long to recite here; it in beginning the process, but also in guiding gone to work on the phone, producing those encompassed our state from the Oregon bor- me through many of the minefields which letters—which I’m sure influenced Casey in der redwoods to the Mojave desert in the lay in my path. my selection. south. My memory of Alan is as a gentle giant. But the intersection of our lives began way Perhaps Alan’s most lasting contribution His goodness radiated to all around him. He back. From Eleanor’s book I realized that to our country’s future was his characteris- was a great leader—the very embodiment of Alan’s first journalistic break was covering tically quiet, determined and effective lead- the highest level of leadership as described Mussolini in 1938, and that the speech he heard in the Piazza de Venezia when Musso- ership of the long, arduous but ultimately by Lao-Tzu, whose words he carried with him lini took Stalin out of the League of Nations successful campaign to save the best of wild as his life’s philosophy, as he sought quietly was the same one I heard in that same Alaska. and selflessly to make this planet a better square as a twelve-year-old boy. Alan’s One hundred million acres—the size of the place for all of us. state of California—preserved for all time. May we have the wisdom and courage to greatest adventure in journalism was getting We simply could not have done it without follow his example. into Ethiopia for some months after the Italian invasion. One of my greatest adven- Alan’s undaunted leadership. HARRIS WOFFORD. You may not know that And it could be said that Alan’s most last- in her last years while still painting, Georgia tures was going to Ethiopia with my family, ing contribution to our golden state was his O’Keefe wrote some still not published short in the Peace Corps. Before we met, each of us had written a characteristically patient yet visionary lead- stories that she showed me. The one that book, in 1945, calling for a world union to ership of the long, arduous but ultimately rises in my memory was about a man she keep the peace. Alan’s was the powerful successful campaign to save the best of the met in her first days in New Mexico. He in- story of how isolationism in the Senate had great Californian desert. We simply could vited her to see his ranch, three hundred killed the peace after World War I. It was a not have done it without Alan’s undaunted miles away, and one day she drove down sign of his determination to go to the Senate leadership. (hiding her suitcase in case she decided not In 1994, when the Desert Protection Act to see that this did not happen again. to spend the night). She stayed overnight Despite all the help that Alan gave me in was finally coming to fruition in a Demo- and from time to time they would visit, my election campaigns—and Joe Biden and cratic presidency—and Alan had retired from doing very prosaic things, sometimes just John Kerry who are here—my tenure in the the Senate—I proposed, with Alan’s consent, watching the horses he trained, or walking Senate was very short. His was very long— naming the vast wilderness areas of Death over the land, or looking at the hills. and great. Valley National Park—95% of the largest Five decades later she drove down to his By my count only Ted Kennedy, in this park in the lower 48—‘‘the Alan Cranston ranch, maybe for the last time, she thought. century, rivals Alan in legislative accom- Wilderness.’’ They sat a long time looking at the hills and plishments. Alan’s mark was on a thousand Regrettably, the proposal was declined. she found herself saying to herself with great bills and countless votes, large and small, Today—at this time of remembrance and in satisfaction: ‘‘Fifty years of friendship with where his coalition-building skill was the this hallowed place—I would like to again Richard.’’ key to success. propose that we join together to ask the con- That’s all the story said. Well, for me it’s Like Lincoln, Alan Cranston truly believed gress to name this wilderness—now known fifty-five years of friendship with Alan. that the better angels of our nature can be simply as ‘‘The Death Valley Wilderness’’— There was little—too little—time just sitting brought forth in this land. He did not dis- for our great friend and Senator. The honor, and watching the hills. He was always on the count the demons and distractions in the like the wilderness he made possible, will go, running sprints or long distance. way, but he demonstrated that politics is not last for all time. When we met just after World War II we only the art of the possible—it is the only JAMES HORMEL. My admiration for Alan were setting out on no little prosaic mis- way to make reason rule. Cranston began over a half century ago, al- sion—it was a crusade to make one world a It was our good luck—the good luck so though he was not aware of it at the time. reality in a United Nations with the power to many of us here and around the country—to The United Nations was four years old. The keep the peace and prevent nuclear war. have had these many years of friendship with Iron Curtain had fallen. Isolationists were When we last met at his home in Los Altos Alan Cranston. urging the United States to avoid inter- a year ago, his smile was still infectious and JANE GOODALL (via video). I’m tremen- national commitments. And President Tru- he was still hard at work, in his irrepressible dously honored to have been asked to take man was moving—against that tide—to fa- way, on the same mission, persuading gen- part in the memorial to someone I admired cilitate the economic revival of western Eu- erals and admirals and people of power to so much as Alan Cranston. My body is far rope. join in a new declaration for the abolition of away in Africa but I want you to know that In that climate, at the age of sixteen, I be- all nuclear weapons. my thoughts are with you now. came a member of a student chapter of the When I reread Eleanor’s wonderful, percep- I never got a chance to know Alan really United World Federalists, which was hailed tive, loving biography of her brother, I real- well in life because our paths didn’t cross by some as a major movement toward peace- ized how much our lives intersected over the that often. But what I saw I loved, and like ful co-existence and was excoriated by oth- years and how much his life intersected with everyone, I admired Alan so much for his in- ers—a very vocal opposition—as a gathering the great issues of our time. tegrity and his sincerity and his determina- of Communist sympathizers. Alan had just In 1948, Alan gave my wife Clare her first tion to try and rid the world of the most evil become president of the organization. It was job directing United World Federalists of weapons of mass destruction that we ever typical of the many challenges which he so Northern California. He caused one of the created, and Alan did so much to alert people willingly took on during the course of his greatest tensions in our half century of mar- to the hidden dangers of these weapons long and productive life. riage when he ran for President on the great stockpiled around the world. Alan already had taken on Adolph Hitler central issue of nuclear peace and asked me And we shall miss his leadership most ter- by publishing an unexpurgated version of to be one of the three co-chairs of his cam- ribly, but his spirit is still around, still with

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.080 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1213 us, guiding us, encouraging us, and above all, nuclear weapons with Lawyer’s Alliance for They obey and acclaim him, joining us together so that we can move con- World Security, with the State of the World Worse when fidently towards the goal that he was set- Forum, with the Middle Powers Initiative, They fear and despise him. ting, and make this world a safer place for and most recently, with the Global Security Fail to honor people his grandchildren and ours and the children Institute. And they fail to honor you. yet unborn. Thank you, Alan, for being who Recently, some journalists from Japan But of a good leader, you were. Thank you. were here in the beginning of December When his work is done, CRUZ REYNOSO. I once read that ‘The most interviewing Senator Cranston, and I was His aim fulfilled, powerful weapon on earth is the human soul there, and they asked me what I did as the They will all say, on fire.’ CEO of the Global Security Institute. So I ‘‘We did this ourselves.’’ Alan’s soul was always on fire for the wel- said, and I meant this, when a tree is ripe Senator Cranston sought no honor for him- fare of those in need, for the strength of our with fruit, an intelligent person will sit be- self. He honored life itself through his serv- democracy, for human dignity, and for a neath the tree and gather the sweet fruit. ice. Together and with your help, we will fol- world at peace. Alan is still giving us fruit. And Alan’s ex- low in his large footsteps, and on the day It must have been 1959 or 1960 when my ample of being a true human being is the when the work is done, the aim fulfilled, we wife and I, with others from the El Centro sweetest fruit that we could be given, be- will know that we did not do it alone. Thank Democratic Club from Imperial Valley (the cause Alan taught by seamlessly integrating you, Alan. May God give you infinite peace, center of the world) traveled to Fresno for the highest human values with his daily life. infinite bliss, infinite love, Amen. the annual convention of the CDC, Council of He exemplified decency and elegance in ac- ALAN JONES. We’ve come to the end of a Democratic Clubs. A featured speaker was tion. He lived without prejudice. People say deeply felt tribute to a great soul. And any Alan Cranston. To this day, I remember they live without prejudice; Alan didn’t say celebration of a great soul confronts us with being inspired—he spoke of the role of gov- it, he just lived it. He didn’t harbor any choices. And so I offer this final blessing. ernment in helping the disadvantaged, of the doubts or suspicions about others, he never There are only two feelings. Love, and fear. need for economic democracy, of the right engaged in backbiting or any pettiness, and There are only two languages, love and fear. we all have in equal protection and fairness, he was tranquil in the midst of an extraor- There are only two activities, love and fear. and government’s responsibility in pro- dinary dynamism, like a smooth, powerful There are only two motives, two procedures, tecting those rights, and of our responsi- river. two frameworks, two results. Love and fear. bility to be active participants. That a per- He was full of grace. Alan Cranston re- Let us choose love. son with his soul on fire for those ideals I mains for us a statesman in a state of grace. The eye of the great God be upon you, the held dear could actually be elected to state His grace was exemplified in the ease he had eye of the God of glory be upon you, the eye wide office was, to me, a marvel and inspira- in the midst of conflict, because that ease of the son of Mary be on you, the eye of the tion. I never forgot. rested on a real faith in the intrinsic good- spirit be on you to aid you and shepherd you, A decade later I found myself as director of ness of humanity. Because he had found that and the kindly eye of the three be on you to California Rural Legal Assistance. CRLA goodness in himself, and for those of us who aid you and shepherd you and give you was the leading legal services for the poor. had the privilege of working with him, we peace, now and always, Amen. Many entrenched interests, including the know that’s how he got us to do things, be- f state government, found themselves on the cause we knew that he never asked anybody loosing side of many lawsuits CRLA brought to do anything he wouldn’t do; he’s the guy ADMINISTRATION ACTS TO STALL on behalf of its clients—farmworkers, Med- who would be up at two in the morning, and ENVIRONMENT RULES ical recipients, working poor. Those inter- then up again at six-thirty. Mr. REID. Mr. President, there has ests fought back. Alan worked closely with Adversaries were only so as to the issue at been much talk by the President and CRLA to protect our professional independ- hand, but never as to the person, because ence and assure our continued existence. As Alan honored everyone. His inner clarity and other members of the Administration I saw it, there was little political gain for strength was coupled with this unique abil- about developing a comprehensive en- Alan—it was his devotion to fairness and to ity, and even desire, to hear everyone’s point ergy strategy that will help avert na- the concept of human dignity that brought of view, not as a political ruse, but because tional supply shortages and protect the us together. Eventually, it was President Alan honored everyone. environment. Nixon who overrode the state veto of CRLA, Alan understood fully two icons his par- I hope we’ll all work together on a thereby saving legal services. ents did not have that we inherited from the balanced approach. That is a laudable And years later Alan’s son, Kim, I and Twentieth Century. The first is the awe- goal. However, it seems the Adminis- countless others joined Alan in our mutual some, horrific mushroom cloud arising from efforts to register thousands of new voters, science and the quest for unbridled power, tration may already have begun back- an effort to include all in our democratic so- unreined by morality, law and reason, and pedaling or backsliding away from the ciety. the other icon is the picture of the planet bipartisan rhetoric and the environ- Not all efforts were on a grand scale. My from outer space, borderless, majestic, alive mental gains that we’ve recently made. last, and still ongoing task, has been to rep- and sacred. One matter, in particular, bothers resent a prisoner who is in Soledad for a life Alan honored all life by holding the second me. That is the subject of dirty diesels term. Alan was convinced that the prisoner icon before him, and that is why he focused and the recently issued EPA rules to was fully rehabilitated. He called to see if I most intensely on the nuclear issue, because clean up that source of pollution. could help. My associate, Tom Gray, and I that and that alone can end all life on the worked with Alan. We will continue. planet, and it becomes the moral standard of I would like to put in the RECORD a Not all was work. I remember those won- our civilization. I had the privilege of trav- copy of a letter that I have just re- derful conversations as we dined in the Sen- eling with Alan and going all over the world ceived from a broad coalition of groups ate restaurant. Once, Alan invited me to a working on this issue, and one of the amaz- that is concerned about the fate of this marvelous San Francisco eatery. At the end ing things is I would forget how old he was, rule. They fear that the rule and its of the evening Alan invited me to join his because his body got old, but he didn’t. He benefits to the public’s health may be Washington, D.C. office in a position of con- had found that secret of the joyous heart, he siderable responsibility. Unfortunately, I delayed or even withdrawn entirely. had found that place of tranquility in action. It’s an impressive group that the Ad- could not accept the offer, but the food had George Crile is a CNN and 60 Minutes pro- been great. ducer, beloved, very beloved of Alan, and he ministration should heed. Alan’s interest went beyond prison walls or has put together some footage to give us all I understand that the Administrator the fifty United States. His efforts have a sense of what it’s like to be on the road is considering acting to delay the im- sought peace for this globe. John Amos with Alan Cranston. plementation of the final rule to cut Gomenius, the Czech Religious and Edu- [video insert] down on emissions from heavy-duty cational leader wrote about 350 years ago: Death is such a mystery, and the only com- diesel engines and reduce sulfur in die- ‘‘We are all citizens of one world, we are all fort is the love that we bring to our lives, sel fuel. In addition to the fact that of one blood. To hate a man because he was and the faithfulness with which we carry born in another country, he speaks a dif- forth the mission that great men have given this potential action and others al- ferent language, or because he takes a dif- us. Alan, we will follow in your loving mem- ready taken by agencies to delay re- ferent view on this subject or that, is a great ory. We will stay the course. We will be vigi- cently issued rules to protect the envi- folly . . . Let us have one end in view, the lant until nuclear weapons are abolished. ronment do not appear to comply with welfare of humanity.’’ We are guided by the philosophy that you the Administrative Procedures Act, it’s Alan’s soul was always on fire—for the wel- held with you. just plain bad policy. fare of an individual human being—or the Lao-Tzu: On December 18, 2000, EPA promul- welfare of all humanity. A leader is best JONATHAN GRANOFF. My name is Jonathan When people barely know gated a final rule that mandates a 97 Granoff. I’ve had the privilege of working That he exists, percent reduction in the sulfur content with Senator Cranston on the abolition of Less good when of diesel fuel by September 2006, from

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.083 pfrm02 PsN: S08PT1 S1214 CONGRESSIONAL RECORD — SENATE February 8, 2001 approximately 300 to 15 parts per mil- and equally proud, and supportive, of the reconsider modifying the rule without lion. sult. Each of us now looks forward to doing providing the essential due process and The rule also requires that diesel en- our respective part to implement the impor- thoughtful consideration required by tant programs that have been established, so gines emissions get much cleaner. They the Administrative Procedure Act. The must reduce particulate matter and ni- that our nation can begin to reap the benefits on schedule. To this end, we urge you not effective date of a rule is an integral trogen oxide emissions by 90 and 95 per- to allow this rule to be delayed or, in any part of the rule, and the Administra- cent, respectively, from today’s levels. way, compromised. Rather, we look to you tion must not cut corners when consid- As a result, diesel vehicles will finally to ensure that the rule will be upheld, intact. ering changing that date. Legal re- be on par with emissions from gasoline In addition, we request an opportunity to quirements aside, I think it is critical vehicles. meet with you at your earliest convenience for the Administration to consider the The public health and environmental to discuss the vital importance of this rule voices of the public—whose health and benefits from this rule will be tremen- to our respective organizations. environment are at stake with this dous. Quantified benefits are expected Sincerely, to total $70.3 billion by 2030 when the Alliance of Automobile Manufacturers; rule-making as well as the affected in- new, cleaner fleet of vehicles is fully American Lung Association; Associa- dustry before changing the effective tion of International Automobile Man- phased in. This rule means fewer hos- date or instituting any other changes ufacturers; Association of Local Air to the rule. pital admissions, probably less lung Pollution Control Officials; California cancer, and major reductions in other Trucking Association; Clean Air Net- In that vein, Mr. President, I ask respiratory illnesses and premature work; International Truck and Engine unanimous consent to submit the at- deaths. Corporation; Manufacturers of Emis- tached letter to be printed in the I don’t begrudge the Administration sion Controls Association; Natural Re- RECORD, signed by a broad coalition of time to review existing laws and regu- sources Defense Council; Northeast industry, public interest groups, and States for Coordinated Air Use Man- latory requirements. But, there is a regulators, which calls upon US EPA legal and substantive process to be fol- agement; Sierra Club; State and Terri- torial Air Pollution Program Adminis- Administrator to implement the diesel/ lowed, not a political one. This rule has trators; U.S. Public Interest Research sulfur rule without delay or alteration. already been through that wringer and Group; and Union of Concerned Sci- There being no objection, the letter should not be further delayed. entists. Thus far, we have been willing to Mr. LIEBERMAN. Mr. President, I was ordered to be printed in the work with the President on his nomi- rise to express my concern regarding RECORD, as follows: nees and have not delayed their con- the possibility that the Bush adminis- FEBRUARY 8, 2001. firmations unduly. Now it is time for tration will delay the effective date of Hon. CHRISTINE TODD WHITMAN, the Administration to reciprocate. Ad- Administrator, U.S. Environmental Protection the U.S. Environmental Protection Agency, Washington, DC. ministration actions to delay rules Agency’s December 21, 2000 final rule- with major public health and environ- making that sets onroad heavy-duty DEAR ADMINISTRATOR WHITMAN: We, the mental benefits will pollute that at- diesel emission and fuel standards— undersigned, represent an unusually diverse coalition of groups united in our strong sup- mosphere of good will. also known as the diesel/sulfur rule. Mr. President, I ask consent that the port of the U.S. Environmental Protection This rule, the result of years of work Agency’s December 21, 2000 final rulemaking letter be printed in the RECORD. and negotiations, would provide essen- There being no objection, the letter that sets onroad heavy-duty diesel emission tial protections for the public health and fuel standards. Together, we write to was ordered to be printed in the and the environment by drastically re- you today to urge that this extremely impor- RECORD, as follows: ducing emissions from diesel engines. tant regulation be upheld, intact. FEBRUARY 8, 2001. It is sorely needed. Heavy-duty vehi- The rulemaking process that produced this Hon. CHRISTINE TODD WHITMAN, cles are significant contributors to ele- regulation was not only extensive, it was Administrator, Environmental Protection Agen- vated levels of ozone, fine particulate thoughtful and inclusive. We are very cy, Washington, DC. DEAR ADMINISTRATOR WHITMAN: We, the matter, and the primary emissions of pleased that the result is a comprehensive undersigned, represent an unusually diverse several key toxic air pollutants, par- program that most responsibly takes full ad- coalition of groups united in our strong sup- ticularly in the Northeast. Together, vantage of the opportunity to reduce a wide port of the U.S. Environmental Protection highway and non-road heavy-duty en- variety of diesel emissions by applying a sys- Agency’s December 21, 2000 final rulemaking gines are responsible for roughly 33 tems approach that sets aggressive engine that sets onroad heavy-duty diesel emission standards and, necessarily, a commen- percent of all nitrogen oxide emissions, surately low cap on sulfur in diesel fuel. The and fuel standards. Together, we write to 75 percent of motor vehicle related PM, you today to urge that this extremely impor- framework established under this rule— tant regulation be upheld, intact. and 60 percent of aldehyde emissions in which includes a particulate matter standard The rulemaking process that produced this the northeast corridor. In addition to of 0.01 grams per brake horsepower-hour (g/ regulation was not only extensive, it was fouling our air, diesel exhaust has also bhp-hr) to take full effect in 2007, a nitrogen thoughtful and inclusive. We are very been classified as a probable human oxide standard of 0.20 g/bhp-hr to be phased pleased that the result is a comprehensive carcinogen by the National Institute in between 2007 and 2010 and a national cap program that most responsibly takes full ad- for Occupational Safety and Health on sulfur in diesel fuel of 15 parts per mil- vantage of the opportunity to reduce a wide (NIOSH), the International Agency for lion, to take effect June 1, 2006—represents a variety of diesel emissions by applying a sys- critical and delicate balance that will help tems approach that sets aggressive engine Research of Cancer and the US EPA. This rule will greatly reduce the enable the successful achievement of a 90- standards and, necessarily, a commen- percent reduction in particulate matter surately low cap on sulfur in diesel fuel. The health and environmental risks result- emissions, a 95-percent reduction in nitrogen framework established under this rule which ing from these pollutants, with a pro- oxide emissions and a 97-percent reduction in includes a particulate matter standard of jected 90-percent reduction in particu- levels of sulfur in highway diesel fuel. These 0.01 grams per brake horsepower-hour (g/bhp- late matter emissions, a 95-percent re- reductions will translate into enormous pub- hr) to take full effect in 2007, a nitrogen duction in nitrogen oxide emissions lic health and environmental benefits all oxide standard of 0.20 g/bhp-hr to be phased and a 97-percent reduction in levels of across the nation. in between 2007 and 2010 and a national cap on sulfur in diesel fuel of 15 parts per mil- sulfur in highway diesel fuel. In par- We are proud to have contributed to the lion, to take effect June 1, 2006 represents a ticular, the rule would bring badly open process that led to this landmark rule critical and delicate balance that will help needed relief to my home state of Con- and equally proud, and supportive, of the re- enable the successful achievement of a 90- necticut, and to the Northeast in gen- sult. Each of us now looks forward to doing percent reduction in particulate matter eral, which need to drastically reduce our respective part to implement the impor- emissions, a 95-percent reduction in nitrogen both nitrogen oxides and volatile or- tant programs that have been established, so oxide emissions and a 97-percent reduction in ganic compounds in order to fulfill the that our nation can begin to reap the benefits on schedule. To this end, we urge you not levels of sulfur in highway diesel fuel. These requirements of their state implemen- reductions will translate into enormous pub- to allow this rule to be delayed or, in any lic health and environmental benefits all tation plans. way, compromised. Rather, we look to you across the nation. In light of the environmental and to ensure that the rule will be upheld, intact. We are proud to have contributed to the health benefits of the rule, I would be In addition, we request an opportunity to open process that led to this landmark rule troubled if the administration were to meet with you at your earliest convenience

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.090 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1215 to discuss the vital importance of this rule I believe that raising the minimum individuals with incomes over $34,000, to our respective organizations. wage over the next two years is essen- and couples with income over $44,000. Sincerely, tial to help families and to reinforce President Clinton’s 1993 tax increase Alliance of Automobile Manufacturers; the fundamental American values of on senior citizens made a bad policy American Lung Association; Associa- tion of International Automobile Man- hard work and self-sufficiency. The even worse. Essentially, this graduated ufacturers; Association of Local Air goal of the country’s minimum wage is tax scheme penalizes seniors with fixed Pollution Control Officials; California to ensure that working Americans earn incomes who have worked hard to en- Trucking Association; Clean Air Net- a living wage that makes work a truly sure their retirement security. work; International Truck and Engine better choice than welfare or other S. 237, the Social Security Benefits Corporation; Manufacturers of Emis- public assistance. The fact that 70 per- Tax Relief Act, which I have intro- sion Controls Association; Natural Re- cent of workers earning minimum wage duced along with my colleagues, Sen- sources Defense Council; Northeast are adults over the age of twenty, that ators COCHRAN, FRIST, INHOFE, LOTT, States for Coordinated Air Use Man- agement; Sierra Club; State and Terri- 60 percent are women, and that nearly MURKOWSKI and WARNER, would repeal torial Air Pollution Program Adminis- half have full-time jobs means that the 1993 Clinton tax increase on Social trators; U.S. Public Interest Research this is an issue central to millions of Security benefits and rolls the tax lev- Group; and Union of Concerned Sci- hard-working families in our country. els back to their pre-1993 levels. entists. In West Virginia alone, almost 14 per- By eliminating the taxation of Social f cent of our work force earn at the min- Security benefits, we will allow seniors RESTORING THE MINIMUM WAGE imum wage, and our state has one of to have more money to pay for pre- the largest populations of workers re- scription drugs, medical care, housing Mr. ROCKEFELLER. Mr. President, ceiving the minimum wage. I am proud and food. This legislation provides today I rise to voice my support of Sen- to join Senator KENNEDY and my col- greater tax fairness for increasing ator KENNEDY’s effort to restore the leagues to work together to enact this numbers of middle-income seniors. minimum wage. The Fair Minimum essential bill for working Americans. It is widely agreed that Social Secu- Wage Act of 2001 would raise the min- rity was never intended to be the sole imum wage by $1.50 in three incre- f source of income for retirees. In light mental steps, benefitting over 11 mil- HIGH SCHOOL SHOOTING of Social Security’s financial troubles, lion workers. We owe a pay raise to the Mr. LEVIN. Mr. President, last Fri- now is the time to remove disincen- hard-working Americans who would be day, at least one gunshot was fired at tives for those who wish to save and affected by a minimum wage increase. Detroit’s Osborn High School. The gun- To do so would demonstrate the real plan early for their retirement. Hope- shot hit a classroom window and two fully, this legislation is a first step to- value of their hard work. students and a teacher were injured as Care givers in our preschools and ward the repeal of all taxes on Social glass shattered across the room. Al- nursing homes, service workers in our Security benefits. retail and restaurant industries, the though the shooting produced no sub- I urge my colleagues in the Senate to domestic workers in our homes and of- stantial physical injuries, it created provide tax relief to seniors by passing fices—these are the real people upon great anxiety for the students and fam- this important legislation and by ex- whom each of us relies every day. ilies of Osborn High School, who no amining ways to make the system as These are the workers who deserve to doubt will sustain the emotional inju- fair as possible for all beneficiaries who have their wages restored to a level ries of such a shooting for some time. have paid into the system and who may that will afford them a reasonable The students and teachers at Osborn or may not be subject to taxes on their standard of living. High School are not alone in their anx- benefits. In West Virginia alone, over one-fifth iety. Around the nation, students and f of our workers will directly benefit their families are seriously concerned from a $1.50 increase in the minimum about safety in their schools. Students LITHUANIAN INDEPENDENCE hourly wage. This would mean an in- deserve to feel safe in their learning crease of almost $3,000 a year for full- environments rather than feeling anx- Mr. LEVIN. Mr. President, on Sun- time workers. In more concrete terms, ious and fearful. For the students at day, February 11, 2001, Americans of this translates into more than a year Osborn High School and everywhere Lithuanian descent will be gathering, of groceries, rent for seven months, else in America, Congress must work in my home State of Michigan, to cele- seventeen months of utility bills, or a to limit the accessibility that young brate the 83rd anniversary of Lithua- year of tuition at a two-year college. people have to guns, and reduce the nian Independence. Currently, a full-time minimum wage gun violence in our schools and com- Given the Lithuanian people’s long earner with two children may be faced munity places. history of successfully preserving and maintaining their culture and identity, with difficult decisions when trying to f there is reason for all those of Lithua- both feed and clothe her children. We THE SOCIAL SECURITY BENEFITS need to make sure that a mother or fa- nian descent to be proud. Such an TAX RELIEF ACT 2001 ther who works forty hours a week achievement stands as an inspiration does not have to decide between gro- Mr. HUTCHINSON. Mr. President, for people everywhere. ceries for the family and paying the last week I introduced legislation The Lithuanian people have long re- electric bill. which I hope is the first of several fused to be placed under the yoke of op- Ultimately, we must acknowledge steps taken by Congress to correct a pression. They became independent in that the minimum wage standard has terrible injustice currently imposed on 1918, fought the Nazis during the Sec- been allowed to slowly erode over the seniors who have worked hard all of ond World War and refused to lose hope past thirty years. At present, the $5.15 their lives and are receiving Social Se- during many years of Soviet rule. Re- hourly minimum has reached its lowest curity benefits. flecting on these trials can be cause for purchasing power in two decades, Many people do not realize that, great sadness but also much hope. which has aggravated problems for the after they have paid Social Security Since the collapse of the Soviet working poor. Today, the real value of taxes throughout their work careers, Union, Lithuania has experienced near- the minimum wage is $2.90 below what up to 50 percent or 85 percent of the ly eleven years of democracy and free it was in 1968. As our country continues monthly benefit they receive from So- markets. The Lithuanian people are to to make unprecedented economic cial Security may be taxed again. be commended for the significant steps gains, this is simply unacceptable. We Prior to 1993, up to 50 percent of So- they taken to ensure Lithuania’s place have an obligation to the working fam- cial Security benefits were taxable for in the free world. In 1999, I had the op- ilies in West Virginia, and across the individuals with incomes above $25,000, portunity to meet with President Nation, to raise the minimum wage to and couples with incomes above $32,000. Valdas Adamkus, and discuss many a level that will lift them out of the In 1993, after President Clinton raised issues facing both our nations. Many of day-to-day struggle of meeting their the portion of Social Security benefits my colleagues may not know this, but most basic needs. which are taxable up to 85 percent for so great is President Adamkus’ love for

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.029 pfrm02 PsN: S08PT1 S1216 CONGRESSIONAL RECORD — SENATE February 8, 2001 his ancestral homeland that he re- It increases the cap beyond which limits state of Vermont. Today, hundreds of turned to Lithuania to run for Presi- the equipment expense deduction from Vermont businesses are doing business dent after a successful career in the $200,000 to $400,000. on the Internet, ranging from the United States, including service as an Another important provision of this Vermont Teddy Bear Company to Al’s official in the States Environmental legislation directly impacts small busi- Snowmobile Parts Warehouse to Ben & Protection Agency. nesses which are restaurants or fran- Jerry’s Homemade Ice Cream. In its efforts to reform, Lithuania chises. Because restaurants find them- Let me just give you a few examples has placed a premium on joining the selves at a competitive disadvantage of Cyberselling in Vermont: European Union, EU, and the North At- with other businesses, such as conven- The New York Times recently lantic Treaty Organization, NATO. ience stores, which are allowed a 15- profiled Buch Spieler, a Montpelier Sound monetary policy and a stable year depreciable life, the Small Busi- music store, as a shining example of currency have given Lithuania the ness Tax Fairness Act would allow res- the power of the Internet to boast sales framework for economic growth and taurants to depreciate the cost of their and change the way many local stores prosperity. On the security front, Lith- original building, and any subsequent do business. According to Fred Wilber, uania was the first member of the renovations or improvements to the who has been running Buch Spieler for former Soviet Union to participate in building, at a same rate of 15 years, in- the past 27 years, overall sales has the Partnership for Peace. The Part- stead of the current depreciation jumped by 10 percent and its customer nership for Peace is an important pro- schedule of 39 years. base has expanded by 20 percent in the gram where the United States and its Unlike other commercial buildings, 18 months since he took his business NATO allies work with former Warsaw restaurant buildings are specialized, online. Pact nations on common security single-purpose structures that are rare- Gardeners Supply Company of Bur- measures. ly converted to non-restaurant use. lington opened its web site five years At this time when we honor Lithua- Restaurants also experience consider- ago to accompany its catalog of envi- nia’s independence, it is only fitting ably more traffic, and remain open ronmentally-sound products. With an that we laud the extraordinary ad- longer than most retail buildings. This average annual growth rate of about vances made by the Lithuanian people. daily assault causes rapid deterioration 150 percent, Gardeners now sells more I know my Senate colleagues join me of restaurant properties, and forces than $10 million worth on products on- in saluting the Lithuanian people for restauranteurs to constantly repair line. their tremendous courage in promoting and upgrade their buildings. Pompanoosuc Mills, a furniture com- participatory democracy and free mar- Because restaurant facilities do have pany in Thetford, has been online for kets. a much shorter life span than other about two years. In its first year, the commercial establishments, this bill f company made about $1,300 a week would alleviate the punitive deprecia- from Internet-related sales. By its sec- THE SMALL BUSINESS TAX tion schedule for restaurants that cur- ond year, online sales had tripled to RELIEF ACT OF 2001 rently exists. $4,000 a week. Mr. HUTCHINSON. Mr. President, as Similarly, most franchise contracts Green Mountain Coffee Roasters, Congress considers President Bush’s cover a span of 15 or 20 years. By reduc- based in Waterbury, went on the web to comprehensive tax relief plan in the ing the depreciation period from 39 to gain more direct access to consumers coming weeks, I sincerely hope that we 15 years for franchise and restaurant since its coffee business was about 95 will examine ways to make the tax sys- properties, this legislation more accu- percent wholesale. Today, Green Moun- tem more equitable to small business. rately reflects the true economic life of tain has doubled its retail sales As we look at the economic indica- the properties. through the Internet. tors, it is clear that the economy could S. 236 is supported by the Inter- And Burr Morse, President of Morse use a boost. One way we can do this is national Franchise Association, the Farm Sugar Works, outside Montpe- to encourage the further growth and National Federation of Independent lier, sold so much maple syrup online success of small businesses, which for Business, the National Association of that he testified before the Senate decades have been the cornerstone of Women Business Owners, and the Na- Commerce Committee on the benefits our growing economy. tional Restaurant Association. I urge of e-commerce for small businesses na- A proposal I would like my col- my colleagues to support this impor- tionwide. leagues to seriously consider is the tant legislation. For the past five years I have learned Small Business Tax Relief Act of 2001, f first-hand about this e-commerce ex- which I introduced last week. plosion by hosting annual workshops Small businesses owners generally INTERNET NON-DISCRIMINATION on Internet sales. At my Doing Busi- have restricted cash flow, as well as AND SALES TAX SIMPLIFICA- ness On The Internet Workshops in limited access to credit. Funds are not TION ACT Vermont, small business owners re- readily available to invest in new Mr. LEAHY. Mr. President, I rise counted tales of successful selling on equipment that may be needed to oper- today to add my support to promoting the Web and share their tips for future ate the business effectively. electronic commerce and keeping it success with fellow entrepreneurs. For Small businesses need to be allowed free from discriminatory and multiple instance, Megan Smith of The Vermont to expense a significant portion if not state and local taxes. I am pleased to Inn in Killington attended one of the all of the costs for new equipment pur- join the senior senator from Oregon as workshops and now takes reservations chases in the year the purchase was an original cosponsor of the Internet over the Net from customers all across made, rather than depreciating it over Non-Discrimination and Sales Tax the country and around the world. And many years, which frees up necessary Simplification Act. I commend Senator Maura Malone attended our workshops capital to make necessary investments WYDEN for his continued leadership on for the past three years in a row to and improvements. Internet tax policy. learn how to reach more customers for Specifically, the Small Business Tax The Internet has changed the way we her fabric/quilt store, Back Country Fairness Act provides small businesses do business. Today, businesses can sell Threads, which is deep in the woods in relief from an outdated rule that cur- their goods and services all over the Essex. She created her own website and rently only allows a business to ex- world in the blink of an eye. E-com- won the ‘‘Top Customer Service pense $24,000 per year for new or used merce has created new markets, new Award’’ from Yahoo Store for the last equipment. S. 236 proposes two key efficiencies and new products. In fact, 10 months running. changes to the equipment expensing retail revenues from electronic com- These Vermont cybersellers are of all rule that will ease the cost on small merce grew from $13 billion in 1999 to sizes and customer bases, from Main businesses when necessary updates are $26 billion in 2000. Retail sales are ex- Street merchants to boutique entre- needed in their facilities: pected to continue to grow on the preneurs to a couple of famous ex-hip- The bill increases the current $24,000 allow- Internet to $178 billion in 2005. pies who sell great ice cream. But what able equipment expensing amount to $100,000; The growth of electronic commerce Vermont online sellers do have in com- and is everywhere, including my home mon is that Internet commerce allows

VerDate 08-FEB-2001 04:23 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.032 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1217 them to erase the geographic barriers I commend the National Conference To be sure, Missi’s efforts were boost- that historically have limited our ac- of State Legislatures and the National ed by the spirit and professionalism of cess to major markets. With the power Governors Association for their efforts her fellow teammates. Together, their of the Internet, Vermonters can sell to create uniformity among states for performance stirred an enormous their products and services anywhere, the collection of remote sales taxes. I amount of pride in Rhode Island and anytime. Cyberselling is paying off for hope our legislation will further this set a laudable goal toward which young Vermont and the rest of the nation. simplification process as state legisla- women athletes across our state can With the Internet’s exciting eco- tures and governors around the nation strive. nomic opportunities come unique chal- work together to come up with na- And so, I offer my heartiest con- lenges. One of the critical challenges in tional standards for e-commerce tax- gratulations to all the members of the our new economy is developing fair and ation. I pledge to work with them to New England Storm Women’s Profes- balanced tax policy that respects the reach consensus on these difficult re- sional Football Team, and all who were rights of states and local jurisdictions mote tax issues. associated with their championship while fostering a stable environment Today, there are more than a million season. for e-commerce to continue to grow. I businesses selling their sales and serv- I ask that a copy of the team roster believe the Internet Non-Discrimina- ices on the World Wide Web around the be printed in the RECORD. tion and Sales Tax Simplification Act world. This explosion in Web growth The roster follows. strikes that fair balance. has led to thousands of new jobs and NEW ENGLAND STORM WOMEN’S PROFESSIONAL Our legislation extends the current exciting opportunities for businesses FOOTBALL TEAM 2000–2001 SEASON moratorium against discriminatory from Main Street to Wall Street. A Jennifer Blum; Kathleen Bolduc; Sue and multiple taxes on goods and serv- March 1999 survey of e-commerce in Burtoft; Patricia Carey; Linda Caruso; Vermont that I commissioned found Kendra Cestone; Deb Cote; Heather Davis; ices sold over the Internet through Karolyn Domini; Kerry Dudley; Audrey 2006. The current three-year morato- that Vermont businesses had already Everson; Toni Farfaras; Tara Fay; Chantalle rium, enacted as part of the 1998 Inter- created 1,404 jobs as a result of Internet Forgues; Sandy Frizell; Christina Gibbons; net Tax Freedom Act, which I was commerce—with the potential to cre- Nicole Girard; Theresa Gomes; Ann Hadwen; proud to cosponsor, is set to expire in ate 24,280 new jobs in my home state by Cheryl Hancin; Kim Hickey; Rumonda Hold- October 2001. This five-year extension the end of this year. The Internet Non- er; Debra Hutter; Jessica Johnson; Stephanie of the moratorium was one of the rec- Discrimination and Sales Tax Sim- Kehas; Catherine Kidd; Missi Korpacz; Tra- cey Kowalski; Stephanie Lake; Veronica ommendations in the Advisory Com- plification Act will insure that Vermonters continue to reap the re- Milinazzo; Darci Mix; Sara Moon; Amy mission on Electronic Commerce’s O’Hara; Samantha Phillips; Leah Proia; April 2000 report to Congress. wards of electronic commerce. April Riccardone; Beatrice Robinson; Lori Electronic commerce is beginning to E-Commerce is booming, our morato- Rubolotta; Amy Saur; Jeanne Sherlock; blossom, but it is still in its infancy. rium law is working, and we should Kate Skidmore; Karen Sweet; and Sarah Stability is key to reaching its full po- keep a good thing going and growing. I Ward.∑ tential, and creating new tax cat- am proud to cosponsor the Internet f egories for the Internet is exactly the Non-Discrimination and Sales Tax Simplification Act to encourage online TRIBUTE TO EDDIE RATHBUN wrong thing to do. Internet commerce ∑ should not be subject to discriminatory commerce to continue to grow with Mr. INHOFE. Mr. President, I rise new taxes that do not apply to other confidence. I urge my colleagues to today in recognition of the hard work that Mr. Eddie Rathbun and the staff commerce. support its swift passage into law. Indeed, without the current morato- f of the Natural Resources Conservation Service have done for the people of rium, there are 30,000 different jurisdic- ADDITIONAL STATEMENTS tions around the country that could Bridge Creek, OK. I have often spoke of the incredible levy discriminatory or multiple Inter- kindness Oklahomans have dem- net taxes on e-commerce. We need to CONGRATULATIONS TO PROVI- onstrated through trying times, and continue the moratorium to provide DENCE’S NEW ENGLAND STORM Mr. Eddie Rathbun’s actions have been the stability necessary for electronic ∑ Mr. CHAFEE. Mr. President, I wish an example of this. I am sure you re- commerce to flourish. We are not ask- to pay tribute to the New England member the horrible tornados that rav- ing for a tax-free zone on the Internet; Storm, a Women’s Professional Foot- aged Oklahoma in May of 1999 that if sales taxes and other taxes would ball League, WPFL, team based in killed 44 people and injured 795 others. apply to traditional sales and services, Providence, Rhode Island. Established For many of my constituents this was then those taxes would also apply to just one year ago, the New England a very difficult time and Mr. Rathbun Internet sales under our legislation. Storm logged an impressive first sea- and the staff of the Natural Resources But our legislation would continue the son capped by winning the National Conservation Service went out of their ban on any taxes applied only to Inter- Conference Championship January 6, way to be helpful to those who’s lives net sales in a discriminatory manner. 2001. had been altered by this disaster. Mr. Let’s not allow the future of elec- This was truly an amazing accom- Rathbun and his crew worked long tronic commerce—with its great poten- plishment—a testament to the players’ hours, in difficult working conditions, tial to expand the markets of Main dedication, sacrifice, and hard work. to ensure that the people in Bridge Street businesses—to be crushed by the As a Rhode Islander, I am particu- Creek could return their lives to nor- weight of multiple or discriminatory larly proud of the Storm’s success. In mal. The people of this community taxation. January 2000, Rhode Island native Me- have informed me that he was a great While Congress should continue to lissa Korpacz—know to all as ‘‘Missi’’— help to them in a time of need, and prevent discriminatory e-commerce founded the Storm and rooted it in have expressed a deep appreciation of taxes, we also need a national policy to Providence’s Mt. Pleasant Stadium. him, which I share here today. make sure that the traditional state Missi put aside her fledgling education Mr. Eddie Rathbun and the crew of and local sales taxes on Internet sales law practice and invested her time and the Natural Resources Conservation are applied and collected fairly and money into helping the New England Service exemplify the Oklahoma spirit uniformly. Our bill encourages states Storm take flight. She secured a venue, of going beyond what is necessary to to simplify their sales tax rules and to recruited 43 top athletes, a dedicated help a neighbor in a time of need. I develop national standards on e-com- staff of managers, coaches, and train- wanted to recognize the efforts of a merce. To help state and local govern- ers and secured the necessary business good man, for the kindness he has pro- ments improve their collection of sales licenses. vided to the people of Oklahoma.∑ taxes on e-commerce, our bill author- And, throughout the season, she bal- f izes Congress to consider legislation anced the roles of team owner and re- under fast-track procedures to require gional director of team management A SALUTE TO LORENA DEROIN sellers to collect sales taxes on goods for the WPFL while taking to the field ∑ Mr. INHOFE. Mr. President, it is my and services sold over the Internet. each game as the Storm’s fullback. privilege today to pay tribute to an

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.085 pfrm02 PsN: S08PT1 S1218 CONGRESSIONAL RECORD — SENATE February 8, 2001 outstanding woman who will be recog- from the President of the United the alternative minimum tax; to the Com- nized this Saturday, February 10, with States, together with an accompanying mittee on Finance. a special Honor Dance for her years of report; which was referred to the Com- By Mr. CLELAND (for himself and Mr. service to American Indians and to our mittee on Finance. WYDEN): S. 292. A bill to amend the Internal Rev- country. This dance honors what is To the Congress of the United States: enue Code of 1986 to expand the enhanced de- perhaps one of the most impressive and Enclosed please find my plan to production for corporate donations of computer prestigious achievements of Lorena vide needed tax relief to the American technology to senior centers and community DeRoin’s lifetime: becoming the first people. Over the last several months, centers; to the Committee on Finance. By Mr. HARKIN (for himself, Mr. DUR- and only American Indian ever to serve the economy has slowed dramatically. BIN, Mrs. CLINTON, Mr. DORGAN, and as president of American War Mothers. I believe that the best way to ensure American War Mothers is a national, Mr. KENNEDY): that our prosperity continues is to put S. 293. A bill to amend the Internal Rev- patriotic organization dedicated to rec- more money in the hands of consumers enue Code of 1986 to provide a refundable tax ognizing mothers whose children have and entrepreneurs as soon as possible. I credit against increased residential energy served in the military. As national look forward to working with the Con- costs and for other purposes; to the Com- president, she is able to expound on gress to enact meaningful tax cuts into mittee on Finance. years of experience leading women in law. By Mr. SANTORUM (for himself and both state and local chapters of the or- Mr. KOHL): GEORGE W. BUSH. S. 294. A bill to amend the Agricultural ganization. THE WHITE HOUSE, February 8, 2001. Born February 9, 1915, in Red Rock, Market Transition Act to establish a pro- f gram to provide dairy farmers a price safety Oklahoma, Mrs. DeRoin has made her INTRODUCTION OF BILLS AND net for small- and medium-sized dairy pro- mark as an American Indian and a pa- ducers; to the Committee on Agriculture, triot. She belongs to the White Pigeon JOINT RESOLUTIONS Nutrition, and Forestry. Clan of the Otoe-Missouria Tribe. In The following bills and joint resolu- By Mr. KERRY (for himself, Mr. 1962, she joined Otoe War Mothers, a tions were introduced, read the first LIEBERMAN, Ms. SNOWE, Mr. BINGA- local chapter of American War Moth- and second times by unanimous con- MAN, Ms. LANDRIEU, Mr. JOHNSON, Mr. ers. During her years of service, she sent, and referred as indicated: DOMENICI, Mr. LEVIN, Mr. WELLSTONE, worked on all standing committees and Mr. JEFFORDS, Mr. HARKIN, Mr. SCHU- By Mr. WYDEN (for himself and Mr. MER, Mrs. CLINTON, Mr. KOHL, Mr. ED- then became president of the chapter. BURNS): WARDS, Mr. LEAHY, Mr. BAUCUS, Ms. She is also retired from the Bureau of S. 285. A bill to amend the Federal Water COLLINS, Mr. SMITH of New Hamp- Indian Affairs as an employee of the Pollution Control Act to authorize the use of shire, Mr. DODD, Mr. L. CHAFEE, and old Chilocco Indian School. State revolving loan funds for construction Mr. BAYH): Showing her dedication to our coun- of water conservation and quality improve- S. 295. A bill to provide emergency relief to ments; to the Committee on Environment try, she has served as Mistress of Cere- small businesses affected by significant in- and Public Works. creases in the prices of heating oil, natural monies for three separate years on By Mrs. FEINSTEIN: Mothers Day at Arlington National gas, propane, and kerosene, and for other S. 286. A bill to direct the Secretary of purposes; to the Committee on Small Busi- Cemetery and laid the Wreath at the Commerce to establish a program to make ness. Tomb of the Unknown Soldier. no-interest loans to eligible small business By Ms. COLLINS: Mrs. DeRoin’s contributions to our concerns to address economic harm resulting S. 296. A bill to authorize the conveyance community and our country are an ex- from shortages of, and increases in the prices of a segment of the Loring Petroleum Pipe- ample of true servant leadership. Okla- of, electricity and natural gas; to the Com- line, Maine, and related easements; to the mittee on Banking, Housing, and Urban Af- Committee on Armed Services. homa is fortunate to count Lorena fairs. DeRoin as one of our own. It is my By Mr. SCHUMER: By Mrs. FEINSTEIN (for herself and S. 297. A bill to put teachers first by pro- privilege to recognize her accomplish- Mrs. BOXER): viding grants for master teacher programs; ments and to also wish her a Happy S. 287. A bill to direct the Federal Energy to the Committee on Health, Education, Birthday.∑ Regulatory Commission to impose cost-of- Labor, and Pensions. service based rates on sales by public utili- f By Mr. MCCONNELL (for himself and ties of electric energy at wholesale in the Mr. DODD): REPORT ON THE NATIONAL EMER- western energy market; to the Committee on S. 298. A bill to amend the Internal Rev- GENCY WITH RESPECT TO IRAQ— Energy and Natural Resources. enue Code of 1986 to allow non-itemizers a By Mr. WYDEN (for himself and Mr. MESSAGE FROM THE PRESI- deduction for a portion of their charitable LEAHY): DENT—PM 4 contributions, and for other purposes; to the S. 288. A bill to extend the moratorium en- Committee on Finance. The PRESIDING OFFICER laid be- acted by the Internet Tax Freedom Act By Mrs. MURRAY: fore the Senate the following message through 2006, and encourage States to sim- S. 299. A bill to provide for enhanced safe- from the President of the United plify their sales and use taxes; to the Com- ty, public awareness, and environmental pro- mittee on Commerce, Science, and Transpor- tection in pipeline transportation, and for States, together with an accompanying tation. report; which was referred to the Com- other purposes; to the Committee on Com- By Mr. SESSIONS (for himself, Mr. merce, Science, and Transportation. mittee on Banking, Housing, and GRAHAM, Mr. BINGAMAN, Mr. FRIST, By Mr. SCHUMER: Urban Affairs. Mr. GRAMM, Mr. HUTCHINSON, Mr. S. 300. A bill to amend the Higher Edu- MURKOWSKI, Mr. BREAUX, Mr. SHEL- To the Congress of the United States: cation Act of 1965 to provide for an increase BY, Ms. COLLINS, Mr. HELMS, Mr. As required by section 401(c) of the in the amount of student loans that are eli- INHOFE, Mr. ROBERTS, Mr. SANTORUM, gible for forgiveness in exchange for the National Emergencies Act, 50 U.S.C. and Ms. LANDRIEU): service of the individual as a teacher; to the 1641(c), and section 204(c) of the Inter- S. 289. A bill to amend the Internal Rev- Committee on Health, Education, Labor, and national Emergency Economic Powers enue Code of 1986 to provide additional tax Pensions. Act, 50 U.S.C. 1703(c), I transmit here- incentives for education; to the Committee By Mr. THOMAS (for himself, Mr. on Finance. with a 6-month periodic report on the CRAIG, Mr. CRAPO, Mr. MURKOWSKI, By Mr. DODD (for himself and Mr. national emergency with respect to and Mr. ENZI): SHELBY): S. 301. A bill to amend the National Envi- Iraq that was declared in Executive S. 290. A bill to increase parental involve- Order 12722 of August 2, 1990. ronmental Policy Act of 1969 to require that ment and protect student privacy; to the Federal agencies consult with state agencies GEORGE W. BUSH. Committee on Health, Education, Labor, and and county and local governments on envi- THE WHITE HOUSE, February 8, 2001. Pensions. ronmental impact statements; to the Com- f By Mr. THOMPSON (for himself, Mr. mittee on Environment and Public Works. FRIST, Mrs. HUTCHISON, and Mr. REPORT ON THE TAX RELIEF GRAMM): f PLAN—MESSAGE FROM THE S. 291. A bill to amend the Internal Rev- STATEMENTS ON INTRODUCED PRESIDENT—PM 5 enue Code of 1986 to allow a deduction for BILLS AND JOINT RESOLUTIONS State and local sales taxes in lieu of State The PRESIDING OFFICER laid be- and local income taxes and to allow the By Mr. WYDEN (for himself and fore the Senate the following message State and local income tax deduction against Mr. BURNS):

VerDate 08-FEB-2001 04:23 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.089 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1219 S. 285. A bill to amend the Federal be addressed by providing financial in- irrigators are by far the largest water Water Pollution Control Act to author- centives to help water users implement users. They use the water to produce ize the use of State revolving loan cost effective water conservation and the many agricultural products we funds for construction of water con- efficiency measures consistent with enjoy in this country. Between the servation and quality improvements; State water law. water source and the field, a large por- to the Committee on Environment and And, we can improve water quality tion of the water used in irrigation is Public Works. throughout the nation by giving great- displaced due to seepage as the water Mr. WYDEN. Mr. President, 25 years er flexibility to States to use Clean flows through the canals and ditches. after enactment of the Clean Water Water Act funds to control polluted The water is not lost, since it seeps Act, we still have not achieved the runoff, if that’s where the money is into the soil and assists in the overall law’s original goal that all our nation’s needed most. soil moisture, but it makes for an inef- lakes, rivers and streams would be safe Today, I am pleased to be joined by ficient system because it is not imme- for fishing and swimming. my colleague, Senator BURNS, in intro- diately available to the irrigator. After 25 years, it’s time for the next ducing legislation to authorize the One of the reasons this is damaging generation of strategies to solve our re- Clean Water State Revolving Fund pro- to producers is the fact that in most ir- maining water quality problems. We gram to provide loans to water users to rigation districts, irrigators pay for need to give States new tools to over- fund conservation measures or runoff water that is released to them whether come the new water quality challenges controls. States would be authorized, it makes it to the crop or not. Dis- they are now facing. but not required, to use their SRF placement of this water does not help a The money that has been invested in funds for these purposes. Participation producer’s bottom line. At a time when controlling water pollution from fac- by water users, farmers, ranchers and prices are low and markets are ques- tories and upgrading sewage treatment other eligible loan recipients would tionable, it is important that we give plants has gone a long way to control- also be entirely voluntary. tools to the producer to make sure ling these urban pollution sources. In The conservation program would be they have every opportunity to stay in most cases, the remaining water qual- structured to allow participating users business. ity problems are no longer caused by to receive a share of the water saved Water saved under the proposal in pollution spewing out of factory pipes. through conservation or more efficient this bill will not only assist the pro- Instead, they are caused by runoff from use, which they could use in accord- ducer in water and cost savings, but a myriad of sources ranging from farm ance with State law. This type of ap- will also make certain the future of fields to city streets and parking lots. proach would create a win/win situa- water in the many rivers and streams In my home State of Oregon, more tion with more water available for both in the west. Efficient irrigations sys- than half of our streams don’t fully the conservers and for instream flows. tems make good environmental sense meet water quality standards. And the And, by using the SRF program, the because the more water you have to largest problems are contamination Federal seed money would be repaid pump out of a river, the less water from runoff and meeting the standards over time and gradually become avail- there is left for the fish and animals for water temperature. able to fund conservation or other that depend on it as part of their habi- In many cases, conventional ap- measures to solve water quality prob- tat. proaches will not solve these problems. lems in other areas. This bill creates a win-win situation But we can achieve water temperature My proposal has the support of the both for water users and for the mul- standards and obtain other water qual- Farm Bureau, Oregon water users, the tiple users of water in our states, par- ity benefits by enhancing stream flows Environmental Defense Fund, and the ticularly Oregon and Montana. We and improving runoff controls. Oregon Water Trust. have an opportunity here to do some- A major problem for many streams in I urge my colleagues to support giv- thing useful and worthwhile for the Oregon and in many other areas of the ing States greater flexibility to use irrigators and also for those who enjoy Western United States is that water their clean water funds for water con- fishing, boating and other instream supplies are fully appropriated or over- servation or runoff control when the water uses. I thank Senator WYDEN for appropriated. There is currently no State decides that is the best way to his work on this measure and I am extra water to spare for increased solve water quality problems and the pleased to work with him on this issue stream flows. water users voluntarily agree to par- of great importance. We can’t create new water to fill the ticipate. gap. But we can make more water Mr. BURNS. Mr. President, I am By Mrs. FEINSTEIN: available for this use through increased pleased today to join my colleague S. 286. A bill to direct the Secretary water conservation and more efficient from Oregon, Senator WYDEN, in intro- of Commerce to establish a program to use of existing water supplies. ducing the Water Conservation and make no-interest loans to eligible The key to achieving this would be to Quality Incentives Act. This bill aims small business concerns to address eco- create incentives to reduce wasteful to authorize the use of State revolving nomic harm resulting from shortages water use. loan funds for construction of water of, and increases in the price of, elec- In the Western United States, irri- conservation and quality improve- tricity and natural gas; to the Com- gated agriculture is the single largest ments. Senator WYDEN and I have mittee on Banking, Housing, and user of water. Studies indicate that worked together to bring some com- Urban Affairs. substantial quantities of water di- mon sense improvements to the exist- Mrs. FEINSTEIN. Mr. President, I verted for irrigation do not make it to ing revolving fund program. One of the am very proud today to introduce leg- the fields, with a significant portion big changes we would like to see will islation designed to help small busi- lost to evaporation or leakage from ir- encourage additional conservation of nesses hurt by the power crisis in the rigation canals. water resources by the many irrigation Western United States. In Oregon and other States that rec- districts in the Nation. Every Mon- This bill authorizes funds for the ognize rights to conserved water for tanan understands that water is the Economic Development Administra- those who conserve it, irrigators and lifeblood of our State, and I am glad to tion to operate a revolving loan fund to other water users could gain rights to be working on this bipartisan effort to assist small business owners in Cali- use conserved water while also increas- more effectively use this vital re- fornia and other States affected by the ing the amount of water available for source. shortage. other uses by implementing conserva- This bill will encourage water con- This fund will help dozens of small tion and efficiency measures to reduce servation by providing the opportunity manufacturers with so-called ‘‘inter- water loss. for loans to be made to irrigation dis- ruptible contracts’’ that have been The Federal government can play a tricts from the State revolving funds. forced to lay off employees and, in role in helping meet our nation’s These loans will be used to construct many cases, close their doors. changing water needs. In many West- pipelines and develop additional con- Interruptible contracts are defined as ern States, water supply problems can servation measures. In the West, price discounts to users who agree to

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.034 pfrm02 PsN: S08PT1 S1220 CONGRESSIONAL RECORD — SENATE February 8, 2001 reduce consumption during peak de- who are not covered by a State-man- the West. It poses a grave danger to the mand periods. dated cap to apply for the no-interest economy of the nation as a whole. The But while companies can withstand loans to stave off lay offs, re-hire em- State of California is doing what it can infrequent power interruptions, the ployees, and keep their facilities up to cope with this crisis. It is past time fact is that California has been hit and running. for the Federal Energy Regulatory hard by the electricity crisis and the Small business that were covered by Commission to use its existing author- service interruptions have come far too a State cap on energy expenses will not ity to bring wholesale prices under con- frequently. be eligible for the loan program. trol. Today, even small business owners The bill is designed to help both I commend the Senator from Cali- who chose not to join the interruptible small business owners who opted for fornia, Senator FEINSTEIN, for her ini- list—and opted instead to brave the the ‘‘interruptible list’’ and those who tiative in crafting the bill, and the higher gas and electric bills—have tried to brave the cost spikes and chairman of the Energy Committee, found the price spikes too much to failed. Senator MURKOWSKI, for agreeing to handle. The legislation will not affect those give us a hearing on it. Sadly, many of these firms have dis- who are not covered by a State man- covered that they too are being forced dated program that caps retail electric By Mr. SESSIONS (for himself, to shut down because they can’t pay commodity rates. Mr. GRAHAM, Mr. BINGAMAN, their electricity bills. Here are a few I believe this measure will be of great Mr. FRIST, Mr. GRAMM, Mr. examples of companies that have been assistance to the hundreds of small HUTCHINSON, Mr. MURKOWSKI, affected: businesses in the Western region that Mr. BREAUX, Mr. SHELBY, Ms. A small business owner in San Diego are facing skyrocketing costs for COLLINS, Mr. HELMS, Mr. operating a fluff-and-fold laundry facil- power. INHOFE, Mr. ROBERTS, Mr. ity was forced to close when his De- I urge my colleagues to join me on SANTORUM, and Ms. LANDRIEU): S. 289. A bill to amend the Internal cember electricity bill jumped fourfold this important legislation to help keep Revenue Code of 1986 to provide addi- to $4,000. At this time last year, his these hard working businessmen and tional tax incentives for education; to monthly bill was roughly $1,000. women from being forced to lay off em- the Committee on Finance. The Saint-Gobain Calmar company— ployees and close their doors. Mr. SESSIONS. Mr. President, I rise a plastics manufacturer in Los Angeles By Mrs. FEINSTEIN (for herself today to discuss the concept of prepaid with roughly 300 employees—has been tuition plans and why they are so criti- and Mrs. BOXER): forced to stop production 22 times in cally important to America’s families. the past six months because of the S. 287. A bill to direct the Federal Energy Regulatory Commission to im- As a parent who has put two children business’ ‘‘interruptible’’ status. Al- through college and who has another though the company has been able to pose cost-of-service based rates on sales by public utilities of electric en- currently enrolled in college, I know avoid layoffs up to now, the owners say firsthand that America’s families are ergy at wholesale in the western en- the outlook is not good. struggling to meet the rising cost of ergy market; to the Committee on En- Another example is the McKoen and higher education. In fact, American ergy and Natural Resources. Associates potato-flake plant in families accrued more college debt in Mrs. FEINSTEIN. I rise today to in- Tulelake, California. The owner of the the 1990’s than during the previous troduce a bill to direct the Federal En- facility says he may be forced to lay off three decades combined. The reason is ergy Regulatory Commission to insti- about 100 employees permanently due twofold: the Federal Government sub- tute cost-of-service based rates with a to the mandatory shut downs. sidizes student debt with interest rate reasonable rate of return on energy While all California companies, both breaks and penalizes educational sav- produced in the western energy mar- large and small, are feeling the crunch ings by taxing the interest earned on ket. of the power shortage, smaller firms those savings. are taking a larger hit because these I had planned on introducing this bill In recent years, however, many fami- companies pay a larger percentage of as an amendment to the pipeline safety lies have tackled rising tuition costs their budgets to energy and gas bills. bill but I understand that the chairman by taking advantage of prepaid college Small businesses, classified as those of the Energy and Natural Resources tuition and savings plans. These plans with 500 workers or fewer, employ 37 Committee, Senator MURKOWSKI and allow families to purchase tuition cred- percent of the California’s total work- the ranking member of that com- its years in advance. Families are able force. mittee, Senator BINGAMAN, would be to pay for their child’s future college This current power drain has led to amendable to scheduling a hearing on education at today’s price. Currently, higher costs for businesses throughout this bill before the end of the month, if 48 states have or are in the process of the Northwest. the legislation is introduced as a stand- creating a tuition savings or prepaid Some aluminum and paper manufac- alone bill rather than as an amend- tuition plan. These plans are extremely turers in Washington and Oregon have ment to the pipeline safety bill. popular with parents, students, and already been forced out of business— After the hearing, I intend to exer- alumni. They make it easier for fami- and they are not alone. cise my right under the rules of the lies to save for college, while at the The bill I am introducing today au- committee to ask that the chairman same time taking the uncertainty out thorizes $25 million for a revolving no- put this bill on the schedule for mark- of the future cost of college. interest loan fund to be operated by up. My home State of Alabama was one the Economic Development Adminis- Mr. MURKOWSKI. I remain con- of the first in the nation to establish a tration. cerned about the energy crisis that is prepaid college tuition plan. Nearly The bill allows small businesses, as affecting not just California but other 50,000 Alabamians are currently en- defined by the Small Business Admin- Western states as well. I am willing to rolled in the Prepaid Alabama College istration to be eligible for loans if their hold a hearing on your legislation dur- Tuition Plan. Families across the monthly gas or electric bills are at ing the week of February 26, right after State of Alabama are setting aside a least double what they were a year ago. the Senate recess. few dollars each month to pay for the If a company’s gas bill, for example, I cannot commit to a markup of the future college education of their child. was $4,000 in the months of January, bill, but I expect that the Senator’s Alabama is not the only success story, February, and March 2001 and the com- legislation will be given its due consid- 18,000 children have been enrolled in pany averaged only $2,000 in January, eration by the committee in a timely the College Savings Iowa plan. February, and March 2000, that com- manner. Mr. President, 2,500 families in Mon- pany is eligible for a loan. Mr. BINGAMAN. The situation in tana are saving for their child’s college The legislation will allow small busi- California is very serious. It is now af- education through the Montana Fam- ness customers of the Pacific Gas and fecting not only the price and supply of ily Education Savings Program: Electric Company, Southern California electricity in California but the price 13,000 are enrolled in the Alaska Ad- Edison, or San Diego Gas and Electric and supply of electricity throughout vance College Tuition Plan; 100,000 are

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.038 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1221 participating in the Texas Tomorrow come law. We passed this legislation as programs help middle income families Fund; 7,000 children have accounts in part of a larger tax bill last Congress. afford a college education. Florida’s ex- the West Virginia Prepaid College However, it was vetoed by President perience shows that it is not higher in- Plan; 38,000 have joined the Maine Next Clinton. come families who take most advan- Generation College Investing Plan; President Bush articulated his sup- tage of these plans. It is middle income over 10,000 parents have contracts in port for this plan during the campaign. families who want the discipline of the Mississippi Prepaid Affordable Col- The time to act is now. This is not ex- monthly payments. They know that lege Tuition Program for their chil- pensive, and the small cost will they would have a difficult time com- dren. produce a huge benefit. I encourage my ing up with funds necessary to pay for As you can see, people across the colleagues to work with me to push for college if they waited until their child country are wisely taking advantage of passage of this common sense piece of enrolled. In Florida, more than 70 per- these plans. Congress has supported legislation. cent of participants in the state tuition participating families by expanding the Mr. GRAHAM. Mr. President, I am program have family income of less scope of the prepaid tuition plans and proud to join Senator SESSIONS and my than $50,000. Second, Congress should by deferring the taxes on the interest other Senate colleagues in launching make these programs tax free in order earned until the student goes off to col- an initiative to increase Americans’ to encourage savings and college at- lege. I believe that we must go one step access to college education. Today, we tendance. Finally, for most families, further. That is why today, I along are introducing the Collegiate Learn- these plans simply represent the pur- with Senators, BOB GRAHAM, COLLINS, ing and Student Savings Act. This bill chase of service to be provided in the BINGAMAN, PHIL GRAMM, FRIST, extends tax-free treatment to all state future. The accounts are not liquid, BREAUX, SHELBY, HELMS, INHOFE, TIM sponsored prepaid tuition plans and and the funds are transferred from the HUTCHINSON, SANTORUM, MURKOWSKI, state savings plans. This legislation state directly to the college or univer- LANDRIEU, and ROBERTS are intro- also gives prepaid tuition plans estab- sity. The imposition of a tax liability ducing the Collegiate Learning and lished by private colleges and univer- on earnings represents a substantial Student Savings, CLASS, Act. sities tax-deferred treatment in 2001, burden, because the student is required This is a common sense piece of leg- and tax-exempt status by 2005. to find other means of generating the islation that will make the interest Prepaid college tuition and savings funds to pay the tax. earned on all education tuition savings programs have flourished at the State I am pleased to have this opportunity plans completely tax-free. Currently, level in the face of spiraling college to join my colleagues in introducing the interest earned by families saving costs. According to the College Board, this bill which makes a college edu- for college is taxed twice. Families are between 1980 and 2000, the cost of going cation easier to obtain. taxed on the income when they earn it, to a four-year college has increased 115 and then again on the interest that ac- percent above the rate of inflation. The By Mr. DODD (for himself and crues from the savings. We strongly because of this dramatic increase in tui- Mr. SHELBY): lieve that this trend must no longer tion is the subject of significant de- S. 290. A bill to increase parental in- continue. bate. But whether these increases are volvement and protect student privacy; In order to provide families a new al- attributable to increased costs to the to the Committee on Health, Edu- ternative, the CLASS Act will provide universities, reductions in state fund- cation, Labor, and Pensions. tax-free treatment to all tuition saving for public universities, or the in- Mr. DODD. Mr. President, I rise to ings plans. This bipartisan piece of leg- creased value of a college degree, the introduce the Student Privacy Protec- islation is sound education policy and fact remains that financing a college tion Act with my friend and colleague tax policy that provides incentives for education has become increasingly dif- from Alabama, Senator SHELBY. Sen- savings rather than bureaucratic solu- ficult. ator SHELBY recently asked me to join tions. It is a small tax break—esti- In response to higher college costs him as a co-chair of the Congressional mated at less than $200 million over 5 the States have engineered innovative Privacy Caucus and I am pleased that years—but the CLASS Act will give ways to help its families afford college. we are today introducing legislation to families an extra incentive to be pru- Michigan implemented the first pre- help protect the privacy of one of dent savers for their children’s edu- paid tuition plan in 1986. Florida fol- America’s most vulnerable groups— cation. Indeed, this small tax relief lowed in 1988. Today 49 States have ei- our students. plan could produce billions in savings ther implemented or are in the process A recent GAO report confirms that for college in the years to come. Many of implementing prepaid tuition plans more and more, schools are being per- individuals have questioned whether or state education savings plans. ceived by some not just as centers for these plans will benefit all types of stu- Prepaid college tuition plans allow learning, but as centers for commercial dents. parents to pay prospectively for their research. Our children should be in- Let me say this, it is wrong to as- children’s higher education at partici- stilled with knowledge, not mined for sume that tuition savings and prepaid pating universities. States pool these knowledge on their commercial pref- plans benefit mainly the wealthy. In funds and invest them in a manner erences and interests. Schools are fact, the track record of existing state that will match or exceed the pace of there to help children grow up to be prepaid plans indicates that working, educational inflation. This ‘‘locks in’’ good citizens—not to provide a captive middle-income families, not the rich, current tuition and guarantees finan- audience for market researchers and benefit the most from prepaid plans. cial access to a future college edu- major advertisers. For example, in 1996 families with an cation. In 1996, Congress acted to en- Our bill is simple—it provides par- annual income of less than $35,000 pur- sure that the tax on the earnings in ents and their children with modest, chased 62 percent of the prepaid tuition these state-sponsored programs is tax- appropriate, privacy protections from contracts offered by the State of Penn- deferred. market research in schools that would sylvania. In the same year, 71 percent Mr. SESSIONS and I believe the 107th gather personal information about stu- of the 600,000 families participating in Congress must move to make these dents, during school hours, for purely the Florida Prepaid College Program programs completely tax free. Stu- commercial purposes. It does not ban had an income of less than $50,000. It is dents should be able to enroll in col- advertising, nor does it ban market re- clear this plan is helping middle in- lege without the fear of incurring a sig- search. It simply requires that, before come families save for college. nificant tax liability just because they a researcher can start asking a young In 1995, the average monthly con- went to school. The legislation extends student to provide personal informa- tribution to a family’s college savings this same tax treatment to private col- tion, that researcher must obtain pa- account in Kentucky was $43. These lege prepaid programs beginning in rental consent or its equivalent. families in Kentucky are putting a few 2005. Surely, that is not too much to ask. dollars aside each month to save for We believe that these programs If someone came to your home and their child’s education. Tax-free treat- should be tax free for numerous rea- started to ask your child about his or ment for tuition savings plans must be- sons. First, prepaid tuition and savings her age, gender, neighborhood, food

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.048 pfrm02 PsN: S08PT1 S1222 CONGRESSIONAL RECORD — SENATE February 8, 2001 preferences, and entertainment pref- Another company, which since has hances parental involvement by giving erences, surely you would want to discontinued these activities, provided them an opportunity to decide for know the purpose of such questions be- computers to 1,800 schools, about 8.6 themselves who does and does not get fore deciding whether to consent to percent of all U.S. secondary schools. access to their children during the them. We think parents and children In exchange, the company was allowed school day. are entitled to no less consideration to advertise to and ask questions of just because a child is in school. students using these computers. There By Mr. THOMPSON (for himself, This is part of a larger phenomenon are other examples. Suffice it to say Mr. FRIST, Mrs. HUTCHISON, and that is familiar to anyone who has that this is a practice that not only is Mr. GRAMM): walked through a school in the past inappropriate in the opinion of edu- S. 291. A bill to amend the Internal few years—the stunning increase in cation officials, but is unknown to Revenue Code of 1986 to allow a deduc- commercial advertising in schools. many parents. Nearly half of parents in tion for State and local sales taxes in Gone are the days when commercial a recent survey were not aware that lieu of State and local income taxes advertising simply meant the local websites can collect personal informa- and to allow the State and local in- hardware store’s name on the basket- tion about students without their come tax deduction against the alter- ball scoreboard or the local dry-clean- knowledge. native minimum tax; to the Committee er’s name on the football scoreboard. This bill would return to parents the on Finance. Schools, teachers and their students right to protect their children’s pri- Mr. THOMPSON. Mr. President, are daily barraged with commercial vacy. It’s simple, it’s modest, it con- today I am introducing legislation that messages aimed at influencing the buy- tains appropriate exceptions, and it’s will address an inequity in the tax code ing habits of children and their par- our hope that it will become law to- that affects the citizens of my state ents. A 1997 study from Texas A&M, es- gether with other educational reforms and citizens of other states that do not timated that children, age 4 to 12, being considered by this Congress. have a state income tax. Tennesseans spent more than $24 billion themselves Mr. SHELBY. Mr. President, I rise are discriminated against under federal and influenced their parents to spend today with my colleague Senator DODD tax laws simply because our state $187 billion. to introduce the ‘‘Student Privacy Pro- choose to raise revenue primarily One major spaghetti sauce firm has tection Act’’. This legislation is in- through a sales tax instead of an in- encouraged science teachers to have tended to ensure that parents have the come tax. My bill would end this in- their students test different sauces for ability to protect their children’s pri- equity by allowing taxpayers to deduct thickness as part of their science class- vacy by requiring that anyone who either their state and local sales taxes es. A cable television channel in New wishes to collect data for commercial or their state and local income taxes Jersey had elementary school students purposes from kids in school must first on their federal tax forms, but not fill our a 27-page booklet called ‘‘My seek and obtain parental permission. both. My bill would also ensure that All About Me Journal’’ as part of a The need for this legislation stems Tennesseans who benefit from this de- marketing survey. In one school, a stu- from the fact that a large number of duction would not be caught under the dent was suspended for wearing a Pepsi marketing companies are going into federal alternative minimum tax, T-shirt on the school’s Coke Day. In classrooms and using class time to AMT, by allowing individuals to deduct another, credit card applications were gather personal information about stu- their state and local taxes paid when sent home with elementary school students and their families for commer- computing their AMT tax liability. dents for their parents and the school cial gain. In many cases, parents are Under current law, individuals who collected a fee for every family that not even aware that these companies itemize their deductions for federal tax signed up. have entered their children’s school, purposes are only permitted to deduct Advertisers focus on students and much less that they are exploiting state and local income taxes and prop- schools for the same reason Willie Sut- them in the one place they should be erty taxes paid. State and local sales ton robbed banks—because that’s the safest, their classroom. taxes are not deductible. Therefore, where the money is. And many schools Our legislation builds on a long line residents of nine states are treated dif- enter into commercial contracts with of privacy legislation to protect kids, ferently from residents of states that advertisers because, as the GAO found, such as the Family Educational Rights have an income tax. Seven states— they are strapped for cash. Schools Act, the Children’s Online Privacy Pro- Texas, Wyoming, Alaska, Florida, often are faced with two poor choices— tection Act and the Protection of Pupil South Dakota, Washington, and Ne- provide computers, books, and other Rights Act. The goal of these laws, as vada—have no state income tax. Two educational and recreational equip- is the case with our legislation, is to states—Tennessee and New Hamp- ment with commercial advertising, or ensure that the privacy of children is shire—only impose an income tax on not at all. protected and that their personal infor- interest and dividends, but not wages. The bill that Senator SHELBY and I mation cannot be collected and/or dis- Prior to 1986, taxpayers were per- offer today does not second guess the seminated without the prior knowl- mitted to deduct all of their state and hard decisions that school administra- edge, and in most cases, consent of the local taxes paid, including income, tors are making each and every day. parents. sales and property taxes, when com- Nor does it ignore the fact that busi- We understand that schools today are puting their federal tax liability. The ness leaders often are the strongest ad- financially strapped and many of these ability to deduct all state and local vocates for school improvement and companies offer enticing financial in- taxes is based on the principle that lev- the greatest benefactors of the edu- centives to gain access. Our goal is not ying a tax on a tax is unfair. cational process. What it does is ad- to make it more difficult for schools to In 1986, however, Congress made dra- dress what the GAO report considers to access the educational materials and matic changes to the tax code. The Tax be perhaps the most troubling form of the computers that they so desperately Reform Act of 1986 significantly re- commercial activity in schools—the need. Rather our goal is to ensure that duced federal tax rates on individuals. ‘‘growing phenomenon’’ of market re- the details of these arrangements are In exchange for these lower rates, Con- search. disclosed and that parents are allowed gress broadened the base of income According to GAO, ‘‘none of the edu- to participate in the decision-making that is taxed by eliminating many of cation officials we interviewed said process. the deductions and credits that preschools were appropriate venues for The bottom line here is that parents viously existed in the code, including market research....’’ Nevertheless, have a right and a responsibility to be the deduction for state and local sales none of the districts surveyed by GAO involved in their children’s education. taxes. The deduction for state and local had policies specifically addressing Much of what is occurring now is being income taxes, however, was retained. market research and the GAO found done at the expense of the parents’ de- The 1986 Act also tightened the alter- that this activity is widespread. One cision making authority because native minimum tax rules. The AMT is firm alone has conducted market re- schools are allowing companies direct a separate, complicated tax system search in more than 1,000 schools. access to students. This legislation en- that was originally intended to ensure

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.042 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1223 that wealthy taxpayers could not use Although more Americans than ever senior centers. Pennsylvania reports, the tax code’s many deductions and are connected to the Internet, the re- for example, that while more than 250 credits to completely zero out their port concludes that a ‘‘digital divide’’ of their 650 senior centers are linked to federal tax liability. However, each still exists ‘‘between those with dif- the Internet, many more need com- year more and more middle income in- ferent levels of income and education, puters. West Virginia indicates that dividuals are being caught under the different racial and ethnic groups, old every center that has opened a com- AMT who were never intended to be af- and young, single and dual-parent fam- puter training program presently has a fected by it. Under current law, indi- ilies, and those with and without dis- waiting list. In an informal survey, viduals are not permitted to deduct abilities.’’ According to the Commerce Georgia reports that no more than half their state and local taxes when com- Department report, for example, more of the state’s approximately 200 senior puting their alternative minimum tax than three-fourths of all households centers have computers available for liability. This is a major factor pushing earning in excess of $75,000 use the participant use—and ‘‘that would be a Americans under the AMT. By allowing Internet at home, while less than one- generous estimate.’’ Clearly, the need individuals to deduct state and local fifth of the households with incomes of is there to increase the availability of taxes under the AMT, my bill will en- under $15,000 do. In some cases, the dig- 21st Century technology to America’s sure that restoring equity in this area ital divide has even expanded over the senior citizens. will not push more Tennesseans under last 20 months. The gap in Internet ac- In a society that increasingly relies the AMT. It makes no sense to me to cess rates between African American on computers and the Internet to de- give Tennesseans a tax cut on the one households and the nation as a whole is liver information and enhance commu- hand, then take it away with the other. now 18 percent—3 percent more than in nication, we need to ensure that all I believe that our federal tax laws December 1998. And the gap in Internet Americans have access to the funda- should be neutral with respect to the access between Hispanic households mental tools of the Information Age. treatment of state and local taxes. As and the national average is 17.9 per- As the Commerce Department report I have said, that is not the case now. cent—4.3 percent more than it was 20 concludes, there is still much more to The current tax code is biased in favor months ago. be done to make certain that we close of states that raise revenue through an Increasing numbers of Americans are the gap between the digital ‘‘haves’’ income tax. The current tax code is using the Internet to vote, shop, pay and ‘‘have nots″ and ensure that every- also needlessly complex. There is wide- bills, take education courses, and ac- one is included in the 21st Century spread agreement among tax experts quire new skills. It is therefore becom- economy. The Community Technology that the AMT is a primary cause of ing more and more critical that all Assistance Act is a positive step in cre- complexity in the tax code and should Americans have the tools necessary for ating digital opportunity for all Ameri- be repealed. I strongly support com- full participation in the Information cans. prehensive reform of the tax code that Age economy. Access to these tools is I ask unanimous consent that the will address issues such as neutrality, essential to ensure that our economy text of the bill be printed in the fairness and simplicity. As we work to continues to grow and that in the fu- RECORD. There being no objection, the bill was reform the overall tax code, restoring ture no one is left behind. equality in these areas and should be a A viable alternative for many of ordered to be printed in the RECORD, as part of the discussion. these under-served individuals is Inter- follows: net access outside the home, and sta- S. 292 By Mr. CLELAND (for himself tistics show that computer use at Be it enacted by the Senate and House of Rep- resentatives of the United States of America in and Mr. WYDEN): schools, libraries, and other public ac- S. 292. A bill to amend the Internal Congress assembled, cess points such as community centers Revenue Code of 1986 to expand the en- SECTION 1. SHORT TITLE. is on the rise. Today I am joined by my hanced deduction for corporate dona- This Act may be cited as the ‘‘Community tions of computer technology to senior distinguished colleague, Senator Technology Assistance Act’’. centers and community centers; to the WYDEN, in introducing the Community SEC. 2. FINDINGS. Congress finds the following: Committee on Finance. Technology Assistance Act. Currently, the special enhanced tax deduction ex- (1) From December 1998 to August 2000, the Mr. CLELAND. Mr. President, the share of Americans using the Internet U.S. Department of Commerce’s latest ists in the case of computer equipment donated to elementary and secondary jumped by over 35 percent, from 32.7 percent report on Internet access in the U.S. is to 44.4 percent, according to the recent out. According to the Department’s schools and public libraries. Our bill United States Department of Commerce re- Falling Through the Net: Toward Dig- would expand this tax incentive to in- port, Falling Through the Net: Toward Digital ital Inclusion, published last October, clude computer donations to commu- Inclusion. If growth continues at that rate, more Americans than ever have Inter- nity and senior centers as well. Con- more than half of all Americans will be using net access and own computers. sider the many high-profile technology the Internet by the middle of this year, the The number of Americans using the and Internet related companies, such report projects. Internet jumped to 116.5 million in Au- as Microsoft, Intel and AmericaOnline, (2) Although more Americans than ever are that have donated computer equipment connected to the Internet, the most recent gust 2000, 31.9 million more Americans data show that a ‘‘digital divide’’ still exists than were online in December 1998. And and web access to schools and univer- between those with different levels of income groups that have traditionally been sities across America. Our bill would and education, different racial and ethnic digital ‘‘have nots’’ are making signifi- encourage companies and individuals groups, old and young, single and dual par- cant gains, according to the Commerce to invest in their community and jump ent families, and those with and without dis- report’s findings. Almost 39 percent of start efforts to help bridge the digital abilities, according to the United States De- rural households, for example, now divide in rural and low-income areas partment of Commerce. have Internet connections, a 75 percent everywhere. (3) Although both African Americans and increase over the last 20 months. The In addition, we know a digital divide Hispanic Americans have shown gains in exists between seniors and the popu- Internet access over the past 20 months, still report found that African American only about 16 percent of Hispanic Americans households are now more than twice as lation as a whole. In fact, the October and just under 19 percent of African Ameri- likely to have Internet access at home 2000 Commerce Department report cans use the Internet at home, compared to than they were 20 months ago. Simi- found that individuals over the age of a third of the United States population as a larly, Internet access in Hispanic 50 are among the least likely to be con- whole. households has also nearly doubled and nected to the Internet, with an Inter- (4) The gap in Internet access rates be- now stands at 23.6 percent. And more net use rate of less than 30 percent. tween African American households and the Americans at every income level have Internet access at senior centers offers national average is 18 percent; 3 percent older Americans a promising oppor- more than in December 1998 and the gap in Internet access in their homes, espe- Internet access between Hispanic American cially at the middle income levels. tunity. According to the National As- households and the national average is 17.9 Today, two out of every three house- sociation of State Units on Aging, percent; 4.3 percent more than it was in 1998. holds earning more than $50,000 have eight states have conducted surveys on (5) Individuals over 50 years old are among Internet connections. computer and on-line access at their the least likely to be Internet users, with an

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.044 pfrm02 PsN: S08PT1 S1224 CONGRESSIONAL RECORD — SENATE February 8, 2001 Internet use rate of less than 30 percent. And a man from Merrill told me that demand that has driven prices up, we However, individuals in this age group are his bill was $575 this month and $475 restore balance to the market and almost 3 times as likely to be Internet users last month, even though it was never lower prices for everyone. Also, when if they are in the labor force than if they are we use less fuel, we create less air pol- not. higher than $280 last year. (6) Less than 1 in 5 individuals living in This man and his wife receive $1,300 a lution and reduce our dependence on households with incomes of less than $15,000 month for Social Security—$100 of foreign sources. So energy efficiency were Internet users in August 2000. In con- which goes for Medicare and $300 for tax credits are a win-win-win solution. trast, 7 out of 10 individuals living in house- Medicare supplement. After food and I am also joining Senator KERRY in holds with incomes of at least $75,000 had other expenses, they just don’t have introducing a separate bill today that Internet access. enough left to pay their utility bills. will provide some relief for small busi- (7) Schools, libraries, and other public ac- Heating bills this high force people to ness owners by allowing them to access points, such as community centers, con- quire low interest emergency. tinue to serve those groups that do not have make the kind of sacrifices that no one should have to make. A recent survey I am, of course, fully aware that high access at home. gas prices have spurred new drilling (8) Of those States that have surveyed showed that 20 percent of the Iowa resi- computer access at senior centers, many re- dents who asked for LIHEAP assist- which should eventually increase support a need for computer and software acqui- ance went without medical care be- ply and bring prices back down. But sition. cause of high heating bills. 12.3 percent this could take years. People are being SEC. 3. ENHANCED DEDUCTION FOR CORPORATE went without food. 7.4 percent didn’t hammered by high heating bills right DONATIONS OF COMPUTER TECH- now, and we need to act now to help pay their rent or make their house NOLOGY TO SENIOR CENTERS AND our constituents. COMMUNITY CENTERS. payment. No one should be left out in the cold (a) EXPANSION OF COMPUTER TECHNOLOGY The bottom line here is that people this winter. I hope that we can come DONATIONS TO SENIOR CENTERS AND COMMU- are struggling, and they need our help NITY CENTERS.—Section 170(e)(6)(B)(i)(II) of together in the next few weeks and to keep from freezing in their homes pass important legislation to help keep the Internal Revenue Code of 1986 (relating this winter. to qualified computer contribution) is America warm. amended by striking ‘‘or’’ at the end of sub- That’s why I believe that we should I urge that the Senate consider and clause (II) and by inserting after subclause take the following three steps imme- pass this measure. (III) the following: diately: I ask unanimous consent that a fact ‘‘(IV) a multipurpose senior center (as de- First, we’ve got to provide more sheet be printed in the RECORD. fined in section 102(35) of the Older Ameri- emergency funds for the Low Income There being no objection, the mate- cans Act of 1965 (42 U.S.C. 3002(35)), as in ef- Home Energy Assistance Program or rial was ordered to be printed in the fect on the date of the enactment of the LIHEAP. Many low income and elderly RECORD, as follows: Community Technology Assistance Act people simply cannot afford $300 and which is described in section 501(c)(3) and ex- HOME ENERGY ASSISTANCE TAX ACT (HEAT) empt from tax under section 501(a) for use by $400 and $500 heating bills. We also need Exactly what is covered? Who is covered? What individuals who have attained 60 years of age to increase the income limits on who is covered? to improve job skills in computers, or can receive LIHEAP assistance. Provides a refundable 50 percent credit ‘‘(V) a nonprofit or governmental commu- Second, bills have gotten so high from the first utility bill covering a period nity center, including any center within that even middle income Americans starting in November till the one ending dur- which an after-school or employment train- are struggling—we’ve got to find a way ing March this year minus a similar period ing program is operated,’’. to help them pay their energy utility last winter. This is a one time benefit. (b) EFFECTIVE DATE.—The amendments Who: All taxpayers who have a principal made by this section shall apply to contribu- bills as well. That’s why I am intro- residence and who have energy utility costs tions made after December 31, 2001. ducing the Home Energy Assistance this winter that are more than $100 more Tax Act to give taxpayers a 50 percent than last year’s costs. There is a phase out of By Mr. HARKIN (for himself, Mr. tax credit for the difference between benefits for those with higher incomes stat- DURBIN, Mrs. CLINTON, Mr. DOR- their utility bills this winter compared ing at $75,000 adjusted gross income. The GAN, and Mr. KENNEDY): to last winter. benefit is completely phased out at $100,000. S. 293. A bill to amend the Internal This credit will also cover the esti- What: All energy utility bills plus any fuel used to heat the home like heating oil or Revenue Code of 1986 to provide a re- mated increased costs of heating a propane. fundable tax credit against increased home from heating oil or propane. It It covers bills that people are responsible residential energy costs and for other will not cover the first $100 in infor, not including LIHEAP and other govern- purposes; to the Committee on Fi- creased costs. It will not benefit high- ment payments. A renter benefits if they are nance. income tax-payers. The credit is phased responsible for their bills. Mr. HARKIN. Mr. President, today I out for those making more than How easy is this going to be for people to figure am introducing the Home Energy As- $100,000. However, this credit will be re- out? sistance Tax Act with Senators DUR- fundable so that people with low in- Utilities can very easily supply customers BIN, CLINTON, DORGAN, and KENNEDY. comes could still receive it. with the total bills for the period from a The rising cost of utility bills has year ago. Then all they need to do is sub- One key problem with using the tax tract. reached near crisis proportions in my code to provide assistance is that peo- home state and in states across this For those who use a bulk purchased fuel ple do not normally see its benefit such as heating oil or propane to heat their country. Right now, millions of Ameri- until after they file their next tax re- homes: There will be an estimated average cans are being buried by massive home turn and receive a refund. However, cost for each county determined by: (1) The heating bills. And if we don’t do some- taxpayers can reduce their payroll number of degree days in the two years from thing soon, a lot of people are going to withholding by the amount of this November 15 to May 15; (2) the difference in be left out in the cold. the price of the fuel used this winter and This winter has been an especially credit and get the money quickly. So last, and (3) the amount needed to heat an cold one. As a result, demand for nat- this credit can provide quick and average home. That figure would be used to ural gas is way up, and prices have sky- meaningful help. cover the cost of that fuel in addition to the rocketed. The bill—much like a measure intro- other energy utility bills. duced by Senator BOB SMITH—will also The IRS would calculate this number, get- In the past few months, I’ve gotten ting their numbers from NOAA, DOE and phone calls and letters from people all propose tax credits for energy efficient new homes and energy efficient heat- HUD. across Iowa telling me about their out- What about those who just bought their home? rageous heating bills. A man in West ing, air conditioning and water-heating appliances. It will also provide tax ben- They would be allowed to use a govern- Des Moines told me that while his gas ment estimate of the average increase for bill was $189.87 in December—it jumped efits for similar energy conservation by their county. to $601.67 in January. businesses. A couple in Duncombe said that their Energy efficiency is crucial for quell- By Mr. SANTORUM (for himself $79 gas bill in December was followed ing our home heating crisis. By helping and Mr. KOHL): by a $330 gas bill in January—even people conserve energy, we reduce con- S. 294. A bill to amend the Agricul- though they never paid more than $120 sumption and help them lower their tural Market Transition Act to estab- a month last year. heating bills. And when we reduce the lish a program to provide dairy farmers

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.045 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1225 a price safety net for small- and me- of mine to find a middle ground in the duced by the producers on the farm during dium-sized dairy producers; to the often heated debate on dairy policy. I the preceding fiscal year, the payment rate Committee on Agriculture, Nutrition, am pleased to join with Senator KOHL for a payment to the producers on the farm and Forestry. in this effort, and I believe it sends a for the applicable fiscal year under paragraph (1) shall be increased as follows: Mr. SANTORUM. Mr. President, I strong signal that compromise can be rise today to introduce legislation to achieved even on the most contentious ‘‘If the average price re- The payment rate for a ceived by producers payment made to the assist our nation’s dairy farmers. I rep- of issues. in the United States producers on the resent a state where agriculture is the I ask unanimous consent that the for Class III milk dur- farm for the applica- number one industry—dairy being the text of the bill be printed in the ing the preceding fis- ble fiscal year under cal year was (per paragraph (1) shall leading sector, and ranks fourth in na- RECORD. hundredweight)— be increased by (per tional dairy production. Agriculture There being no objection, the bill was hundredweight)— has, and continues to be, the backbone ordered to be printed in the RECORD, as $10.50 or less ...... 30 of our rural communities and our so- follows: $10.51 through $11.00 ...... 26 $11.01 through $11.50 ...... 22 cial character. While heated debates S. 294 $11.51 through $12.00 ...... 18 and regional politics have eclipsed op- Be it enacted by the Senate and House of Rep- $12.01 through $12.50 ...... 14. portunities to pass meaningful dairy resentatives of the United States of America in ‘‘(d) PAYMENT QUANTITY.— legislation, I feel strongly that we Congress assembled, ‘‘(1) IN GENERAL.—Subject to paragraph (2), must forge consensus in order to assist SECTION 1. SHORT TITLE. the quantity of all milk for which the pro- our nation’s dairy families. This Act may be cited as the ‘‘National ducers on a farm shall receive a payment for I am pleased to have joining me in Dairy Farmers Fairness Act of 2001’’. an applicable fiscal year under subsection (b) shall be equal to the quantity of all milk this effort my colleague from Wis- SEC. 2. FINDINGS. produced by the producers on the farm dur- consin Senator HERB KOHL. While I am Congress finds that— ing the applicable fiscal year. (1) dairy farm families of the United States grateful for the opportunity to work ‘‘(2) MAXIMUM QUANTITY.—The quantity of with Senator KOHL on an issue of great are enduring an unprecedented financial cri- all milk for which the producers on a farm importance to both of our home states, sis; shall receive a payment for an applicable (2) the price of raw milk sent to the mar- year under subsection (b) shall not exceed it unfortunately signals that our na- ket by the dairy farm families has fallen to tion’s dairy industry continues to grap- 26,000 hundredweight of all milk. the levels received in 1978; and ‘‘(e) COMMODITY CREDIT CORPORATION.—The ple with difficult economic times. (3) the number of family-sized dairy oper- Secretary shall carry out the program au- Senator KOHL and I worked together ations has decreased by almost 75 percent in thorized by this section through the Com- over the past year to forge a consensus the last 2 decades, with some States losing modity Credit Corporation.’’. plan that addresses the concerns of nearly 10 percent of their dairy farmers in dairy farmers nationwide. For far too recent months. By Mr. KERRY (for himself, Mr. long, regional politics have plagued ef- SEC. 3. DAIRY FARMERS PROGRAM. LIEBERMAN, Ms. SNOWE, Mr. forts to achieve a fair and equitable na- Chapter 1 of subtitle D of the Agricultural BINGAMAN, Ms. LANDRIEU, Mr. tional dairy policy. As a result, milk Market Transition Act (7 U.S.C. 7251 et seq.) JOHNSON, Mr. DOMENICI, Mr. is amended by adding at the end the fol- LEVIN, Mr. WELLSTONE, Mr. pricing has become increasingly com- lowing: plex and overly prescriptive. Given JEFFORDS, Mr. HARKIN, Mr. ‘‘SEC. 153. DAIRY FARMERS PROGRAM. SCHUMER, Mrs. CLINTON, Mr. that dairy farmers have been receiving ‘‘(a) DEFINITIONS.—In this section: KOHL, Mr. EDWARDS, Mr. LEAHY, the lowest price for their milk in more ‘‘(1) APPLICABLE FISCAL YEAR.—The term than twenty years, I feel strongly that ‘applicable fiscal year’ means each of fiscal Mr. BAUCUS, Ms. COLLINS, Mr. Congress needs to step to the plate and years 2001 through 2008. SMITH of New Hampshire, Mr. offer a fair and responsible solution. ‘‘(2) CLASS III MILK.—The term ‘Class III DODD, Mr. CHAFEE, and Mr. The National Dairy Farmers Fairness milk’ means milk classified as Class III milk BAYH): Act has two major goals: (1) Create a under a Federal milk marketing order issued S. 295. A bill to provide emergency dairy policy that is equitable for farm- under section 8c of the Agricultural Adjust- relief to small businesses affected by ment Act (7 U.S.C. 608c), reenacted with significant increases in the prices of ers in all regions of the country; and (2) amendments by the Agricultural Marketing provide more certainty for farmers in heating oil, natural gas, propane, and Agreement Act of 1937. kerosene, and for other purposes; to the prices they receive for their milk. ‘‘(b) PAYMENTS.—For each applicable fiscal To accomplish these goals, this legisla- year, the Secretary shall make a payment to the Committee on Small Business. tion creates a safety net for farmers by producers on a farm that, during the applica- Mr. KERRY. Mr. President, today I providing supplemental assistance ble fiscal year, produced milk for commer- rise to introduce legislation that helps when milk prices are low. Specifically, cial sale, in the amount obtained by multi- to address the significant price in- a sliding scale payment is made based plying— crease of heating fuels and the adverse ‘‘(1) the payment rate for the applicable impact those prices are having on our upon the previous year’s price for the fiscal year determined under subsection (c); 24 million small businesses and the national average of Class III milk. In by self-employed. I thank my colleagues short, the payment rate to farmers is ‘‘(2) the payment quantity for the applica- who are cosponsors. Senators highest when the prices they received ble fiscal year determined under subsection LIEBERMAN, SNOWE, BINGAMAN, were the lowest. In order to be eligible, (d). LANDRIEU, JOHNSON, DOMENICI, LEVIN, a farmer must have produced milk for ‘‘(c) PAYMENT RATE.— WELLSTONE, JEFFORDS, HARKIN, SCHU- commercial sale in the previous year, ‘‘(1) IN GENERAL.—Subject to paragraph (2), MER, CLINTON, KOHL, EDWARDS, LEAHY, and would be compensated on the first the payment rate for a payment made to producers on a farm for an applicable fiscal year BAUCUS, and COLLINS. 26,000 hundredweight of production. All under subsection (b) shall be determined as As so many of my colleagues know, dairy producers would be eligible to follows: many small businesses are dependent participate under this scenario. ‘‘If the average price re- The payment rate for a upon heating oil, propane, kerosene Without a doubt, our dairy pricing ceived by producers payment made to and natural gas. They are dependent ei- policy is flawed. Many solutions—mod- in the United States producers on a farm ther because they sell or distribute the est to sweeping—have been proposed, for Class III milk dur- for the applicable fis- product, or because they use it to heat discussed, and debated on the Senate ing the preceding fiscal year under sub- cal year was (per section (b) shall be their facilities or as part of their busi- floor yet final agreement among inter- hundredweight)— (per hundred- ness. The significant and unforseen rise ested parties has eluded us for years. weight)— in the price of these fuels over the past Considering that we will begin laying $10.50 or less ...... 50 two years, compounded by cold snaps the groundwork for reauthorization of $10.51 through $11.00 ...... 42 and slowed economic conditions this the Farm Bill over the next year, the $11.01 through $11.50 ...... 34 $11.51 through $12.00 ...... 26 winter, threatens their economic via- time for consensus is now. $12.01 through $12.50 ...... 18. bility. I am committed to preserving the vi- ‘‘(2) INCREASED PAYMENT RATE.—If the pro- The financial falter or failure of ability of Pennsylvania’s dairy farm- ducers on a farm produce during an applica- small businesses has the potential to ers. This legislative proposal rep- ble fiscal year a quantity of all milk that is extend far beyond the businesses them- resents the strong concern and interest not more than the quantity of all milk pro- selves, and we simply can’t afford that.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.057 pfrm02 PsN: S08PT1 S1226 CONGRESSIONAL RECORD — SENATE February 8, 2001 Jobs alone make this a reason to miti- significant economic injury caused by can do that through the SBA’s Eco- gate the small business disruptions or crippling increases in the costs of heat- nomic Injury Disaster Loans. failures because they provide more ing fuel, they need access to capital to Economic injury disaster loans give than 50 percent of private-sector jobs. mitigate or avoid serious losses. How- affected small business necessary And the self-employed, who largely ever, commercial lenders typically working capital until normal oper- work out of their homes, and number 16 won’t make loans to these small busi- ations resume, or until they can re- million according to the National Asso- nesses because they often don’t have structure or change the business to ad- ciation for the Self-Employed, NASE, the increased cash flow to demonstrate dress the market changes. These are di- represent more than 7 percent of the the ability to repay the loan. In fact, rect loans, made through the SBA, at nation’s workforce. the Massachusetts Oilheat Council in subsidized interest rates, of 4 percent My bill, the Small Business Energy Wellesley Hills, which is a state trade or less, versus the current Federally Emergency Relief Act of 2001, would association that represents the heating guaranteed lending rate of Prime + 21⁄4 provide emergency relief, through af- oil industry, and whose members de- percent, 103⁄4 percent on Monday. Pay- fordable, low-interest Small Business liver more than 60 percent of the heating 4 percent versus almost 11 percent Administration Disaster loans, to ing oil to homes and businesses across in interest makes a big difference to small businesses adversely affected by, the state, retailers of heating oil faced that small business owner. Further, or likely to be adversely affected by, not only ‘‘stretched credit lines’’ but SBA tailors the repayment of each eco- significant increases in the prices of even ‘‘negative cash flows.’’ Who is nomic injury disaster loan to each bor- four heating fuels—heating oil, pro- going to give you a loan when you have rower’s financial capability, enabling pane, kerosene, and natural gas. a negative cash flow? them to avoid the robbing Peter to pay Who are these business owners? They To exacerbate the situation, banks Paul syndrome, as they juggle bills. are the self-employed who work out of have tightened their lending to small Clearly, these loans are much more their homes and can’t turn down the businesses by 45 percent over the past affordable for the already struggling thermostat to 55 degrees while they are three months. According to the Federal small businesses, and, since time is of at the office from 8 am to 6 pm. They Reserve Board’s quarterly survey on the essence, the infrastructure is al- are the home heating oil distributers lending practices that was released ready in place to quickly distribute the who see the price of their inventory Monday, February 5th, banks surveyed loans. SBA delivers disaster loans skyrocket beyond the reach of their said they have tightened credit to through four specialized Disaster Area credit lines and cash flows. They are small businesses, particularly on Offices located in New York, Georgia, the Mom-and-Pop stores, local res- riskier loans, by making borrowing Texas and California. In addition, the taurants and corner cafes that need to more expensive and requiring cus- 70 SBA District Offices can help small keep a warm place for folks to enjoy. tomers to have less outstanding debt. businesses learn the program and di- They are the small day-cares for chil- They have changed their lending poli- rect the paperwork to the disaster of- dren and nursing homes for the elderly. cies because they are concerned about fices. And there are the Small Business According to Department of Energy ‘‘a less favorable or more uncertain Development Centers in every state, statistics, the cost of heating fuel has economic outlook . . . and a reduced with a network of more than 1,000 serv- been highly volatile in recent years. tolerance for risk.’’ While the banks ice locations, the Business Information For example, say that only a handful of borrowers Centers, and the Women’s Business The cost of heating oil nationally canceled their plans under the stricter Centers to help small businesses seek- climbed 72 percent from February 1999 lending policies, I think the Federal ing information about and applying for to February 2000. Reserve Board’s survey reinforces the these loans. The cost of natural gas nationally need for this legislation. Building on the SBA’s Disaster Loan climbed 27 percent from September 1999 You see, Mr. President, commercial Program so that small businesses ad- to September 2000. lenders are unlikely to make the type versely affected by the heating fuel And the cost of propane climbed 54 of loans we’re talking about without an prices are eligible to apply for eco- percent from January 2000 to January added incentive, such as a Federal loan nomic injury loans complements our 2001. guarantee. And last year I supported efforts last year. I encourage SBA’s While these national fluctuations that approach to help small businesses lending partners to continue to pub- capture the larger market trends, they deal with the heating oil problem by licize and provide guaranteed loans to do not demonstrate how some local- enlisting the SBA, its lending partners, affected small businesses. It creates a ities have been even harder hit by un- and relevant trade associations to use comprehensive approach to helping predictable and sudden price spikes be- and publicize the SBA 7(a) government small businesses across the nation get cause of a greater dependence on a sin- guaranteed loan program to make the assistance they need, and gives us gle fuel, insufficient inventories, dis- loans to affected small businesses. In one more way to assist in the success tribution problems and other reasons. the 7(a) loan program, the bank makes of our small businesses. And again, eco- Last year in New England, for example, the loan, and the SBA guarantees 75 to nomic injury disaster loans are a rea- the threat of a relatively common cold 80 percent so that if the borrower can’t sonable approach to the problem. winter snap put such serious pressure repay the loan, the bank isn’t on the By providing assistance in the form on the insufficient supply of heating oil hook for every outstanding dollar. of loans which are repaid to the Treas- that Massachusetts declared a state of I wrote to the SBA. I called the Mas- ury, the SBA disaster loan program emergency. With consumers at the sachusetts Bankers Association, and I helps reduce the Federal emergency mercy of a market—need up and supply called individual bank presidents and and disaster costs, compared to other down—the price of heating oil soared. asked them to use this tool for affected forms of disaster assistance, such as In a matter of weeks, the average price small businesses and to aggressively grants. per gallon of heating oil fuel went up 60 market the availability of the 7(a) On practical terms, SBA considers percent, from $1.12 to $1.79. When oper- loans and SBA’s other programs. Some economic injury to be when a small ating costs rise gradually, small busi- of the publications helped to spread the business is unable, or likely to be un- nesses have time to plan and adjust word, including the Boston Business able, to meet its obligations as they their pricing and operations accord- Journal and the Boston Herald. It was mature or to pay its ordinary and nec- ingly. Rapid shifts in operating costs, a real team effort. essary operating expenses. To be eligi- however, can disrupt a small com- While tapping into the SBA’s guaran- ble to apply for an economic injury pany’s business plans causing short- teed loan programs was helpful for loan, you must be a small business, you term cash flow difficulties. It is the some, and one part of the solution, the must have used all reasonably avail- kind of volatility that can make plan- heating fuel price spike has turned out able funds, and you must be unable to ning month to month as difficult as to be more than a one-year anomaly obtain credit elsewhere. planning year to year. and so there is a need to go a step fur- Under this program, the disaster Here’s the situation. For those busi- ther—we need to make capital acces- must be declared by the President, the nesses in danger of or suffering from sible to even more small businesses. We SBA Administrator, or a governor at

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.129 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1227 the discretion of the Administrator. (3) sharp and significant increases in the determines to be necessary to carry out this Small businesses will have six months price of heating oil, natural gas, propane, or Act and the amendments made by this Act. to apply from November 1, 2000 or, for kerosene— SEC. 5. EFFECTIVE DATE. future disasters, from the day a dis- (A) disproportionately harm small busi- The amendments made by this Act shall nesses dependent on those fuels or that use, aster is declared. apply to economic injury suffered or likely sell, or distribute those fuels in the ordinary to be suffered as the result of sharp and sig- This legislation will help those who course of their business, and can cause them have nowhere else to turn. We’ve got nificant increases in the price of heating fuel substantial economic injury; occurring on or after November 1, 2000. the tools at the SBA to assist them, (B) can negatively affect the national and I believe it’s more than justified, if economy and regional economies; U.S. SENATE, not obligatory, to use the economic in- (C) have occurred in the winters of 1983– COMMITTEE ON SMALL BUSINESS, 1984, 1988–1989, 1996–1997, and 1999–2000; and jury disaster loan program to help Washington, DC, January 31, 2000. (D) can be caused by a host of factors, in- these small businesses. Hon. AIDA ALVAREZ, cluding global or regional supply difficulties, The volatile price jumps of heating Administrator, Small Business Administration, weather conditions, insufficient inventories, fuels are tied to international factors Washington, DC. refinery capacity, transportation, and com- relating to larger energy issues— DEAR ADMINISTRATOR ALVAREZ: I am writ- petitive structures in the markets, causes ing to urge immediate action on a critical among them the supply and demand of that are often unforeseeable to those who problem facing small businesses in the crude oil—and therefore beyond the own and operate small businesses. control of small business owners. While Northeast that deliver home heating oil. As SEC. 3. SMALL BUSINESS ENERGY EMERGENCY you may know, the price of home heating oil you have scholars and industry experts DISASTER LOAN PROGRAM. has increased dramatically in recent weeks— Section 7(b) of the Small Business Act (15 making prognostications about wheth- as much as 80 to 100 percent in certain U.S.C. 636(b)) is amended by inserting after er the price spikes were temporary or areas—creating a tremendous burden on the paragraph (3) the following: here for the long haul, I have grown financial resources of several small compa- ‘‘(4)(A) In this paragraph— weary of long-term prognostications. nies. Many of these businesses do not have ‘‘(i) the term ‘heating fuel’ means heating the credit lines or cash flow to compensate As Yogi Berra is alleged to have said, oil, natural gas, propane, and kerosene; and for the price increase and are in dire need of ‘‘Predictions are always difficult, espe- ‘‘(ii) the term ‘sharp and significant in- assistance. cially about the future.’’ crease’ shall have the meaning given that As a general matter, home heating oil dis- I believe small business owners can term by the Administrator, in consultation tributors develop seasonal business plans, in- be cautious and budget for the prover- with the Secretary of Energy. cluding credit lines, based on anticipated oil ‘‘(B) The Administration may make such bial rainy day, but I think it is unrea- prices, customer demand, customer repay- disaster loans, including revolving lines of sonable to expect that they can antici- ment schedules and obligations to repay sup- credit, either directly or in cooperation with pate, and afford to budget enough pliers. However, the surge in heating oil banks or other lending institutions through money to cover, price jumps of 60 to 100 prices exceeds what most businesses could agreements to participate on an immediate have possibly anticipated, and it has placed percent. And who can predict the or deferred basis, to assist a small business a tremendous strain on several companies’ weather, particularly cold snaps during concern that has suffered or that is likely to cash-flow. Compounding this problem is the historically mild winter conditions? suffer substantial economic injury as the re- fact that the repayment schedules to pay These price spikes are largely unfore- sult of a sharp and significant increase in the suppliers is often considerably shorter than price of heating fuel. seeable, even though there will always the repayment schedules for customers. This ‘‘(C) A small business concern described in be the people who say, ‘‘I told you so.’’ problem is becoming acute and is threat- subparagraph (B) shall be eligible to apply Introducing this legislation is only a ening the financial viability of many small for assistance under this paragraph begin- first step. We need to consider it in businesses in the home heating oil market ning on the date on which the sharp and sig- Committee, Congress to pass it, and place. The financial failure of these small nificant increase in heating fuel cost occurs, businesses has the potential to extend far be- the President to sign if before it is too as determined by the Administration, and yond the businesses themselves if the deliv- late to help struggling small business ending 6 months after that date. ery of the fuel to commercial and residential owners. I thank Senator BOND for his ‘‘(D) Any loan or guarantee extended pur- consumers is disrupted. cooperation on this legislation, par- suant to this paragraph shall be made at the ticularly his willingness to expedite ju- same interest rate as economic injury loans SBA, with its network of district offices in under paragraph (2). every state, is uniquely situated to respond dicious consideration by the Small quickly to this situation. On behalf of the Business Committee. ‘‘(E) No loan may be made under this paragraph, either directly or in cooperation with businesses and consumers affected by this I urge my colleagues to support this current price spike, I ask that you imme- legislation. SBA’s programs make re- banks or other lending institutions through agreements to participate on an immediate diately start working with SBA-partici- covery affordable, and with the right or deferred basis, if the total amount out- pating lenders in affected states to expedite support, can help mitigate the cost of standing and committed to the borrower short-term loans to credit-worthy home significant economic disruption in your under this subsection would exceed $1,500,000, heating oil dealers. states caused when affected small busi- unless such applicant constitutes a major Thank you for your immediate attention nesses falter or fail, leading to job lay- source of employment in its surrounding to this problem. I am ready to facilitate this assistance in any way I can. offs and unstable tax bases. area, as determined by the Administration, in which case the Administration, in its dis- Sincerely, I ask unanimous consent that the JOHN F. KERRY. text of the bill and a letter to Aida Al- cretion, may waive the $1,500,000 limitation. ‘‘(F) For purposes of assistance under this varez be printed in the RECORD. paragraph— By Ms. COLLINS: There being no objection, the mate- ‘‘(i) a declaration of a disaster area shall be S. 296. A bill to authorize the convey- rial was ordered to be printed in the required, and shall be made by the President ance of a segment of the Loring Petro- RECORD, as follows: or the Administrator; or leum Pipeline, Maine, and related ease- S. 295 ‘‘(ii) if no declaration has been made pursu- ments; to the Committee on Armed Be it enacted by the Senate and House of Rep- ant to clause (i), the Governor of a State in Services. which a sharp and significant increase in the resentatives of the United States of America in Ms. COLLINS. Mr. President, I rise Congress assembled, price of heating fuel has occurred may cer- today to introduce the Loring Pipeline SECTION 1. SHORT TITLE. tify to the Administration that small busi- This Act may be cited as the ‘‘Small Busi- ness concerns have suffered economic injury Reunification Act, a bill to authorize ness Energy Emergency Relief Act of 2001’’. as a result of such increase and are in need the conveyance of a segment of the SEC. 2. FINDINGS. of financial assistance which is not available Loring Petroleum Pipeline from the The Congress finds that— on reasonable terms in that State, and upon U.S. Air Force to the Loring Develop- (1) a significant number of small businesses receipt of such certification, the Administra- ment Authority, LDA, in Limestone, in the United States use heating oil, natural tion may make such loans as would have ME. The LDA will soon control more gas, propane, or kerosene to heat their facili- been available under this paragraph if a disaster declaration had been issued.’’. than two-thirds of this pipeline as the ties and for other purposes; result of a process that was initiated (2) a significant number of small businesses SEC. 4. GUIDELINES. in the United States sell, distribute, market, Not later than 30 days after the date of en- nearly 3 years ago. By conveying the or otherwise engage in commerce directly re- actment of this Act, the Administrator of remaining segment to the LDA with lated to heating oil, natural gas, propane, the Small Business Administration shall this bill and placing the pipeline under and kerosene; and issue such guidelines as the Administrator the control of one entity, its value will

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.130 pfrm02 PsN: S08PT1 S1228 CONGRESSIONAL RECORD — SENATE February 8, 2001 be maximized as will its ability to fos- table, etc., contributions and gifts) is amend- mental planning responsibilities under ter the economic development of ed by redesignating subsection (m) as sub- NEPA. northern Maine. section (n) and by inserting after subsection NEPA was designed to ensure that The pipeline at issue originally was (l) the following new subsection: the environmental impacts of a pro- ‘‘(m) DEDUCTION FOR INDIVIDUALS NOT built to supply the Loring Air Base ITEMIZING DEDUCTIONS.— posed federal action are considered and with fuel products critical to its mis- ‘‘(1) IN GENERAL.—In the case of an indi- minimized by the federal agency tak- sion. Prior to the base’s closure in 1994, vidual who does not itemize the individual’s ing that action. It was supposed to pro- Defense Fuels, now known as the De- deductions for the taxable year, the amount vide for adequate public participation fense Energy Support Center, DESC, allowable under subsection (a) shall be taken in the decision making process on would deliver fuel products by tanker into account as a direct charitable deduction these federal activities and document to Searsport, where the line originates, under section 63. an agency’s final conclusions with re- and then pump them through the line ‘‘(2) LIMITATION.—The portion of the amount allowable under subsection (a) to spect to the proposed action. to the base. For a period following the Although this sounds simple and base closure, the Maine Air National which paragraph (1) applies for the taxable year shall not exceed $500 ($1,000 in the case quite reasonable, NEPA has become a Guard continued to use the Searsport of a joint return).’’ real problem in Wyoming and many to Bangor segment to supply their ac- (b) DIRECT CHARITABLE DEDUCTION.— states throughout the nation. A stat- tivities in Bangor. After a study by De- (1) IN GENERAL.—Section 63(b) of the Inter- ute that was supposed to provide for fense Fuels, however, the Air National nal Revenue Code of 1986 (relating to individ- additional public input in the federal Guard changed their means of trans- uals who do not itemize their deductions) is land management process has instead amended by striking ‘‘and’’ at the end of porting fuel from pipeline to truck. become an unworkable and cum- Consequently, in 1999, the U.S. Air paragraph (1), by striking the period at the end of paragraph (2) and inserting ‘‘, and’’, bersome law. Instead of clarifying and Force made the largest segment of the expediting the public planning process pipeline, which runs from Bangor to and by adding at the end the following new paragraph: on federal lands, NEPA now serves to Limestone, available to LDA for reuse. ‘‘(3) the direct charitable deduction.’’ delay action and shut-out local govern- The Air National Guard supports the (2) DEFINITION.—Section 63 of such Code ments that depend on the proper use of reunification of this pipeline under (relating to taxable income defined) is these federal lands for their existence. LDA’s control as does the Maine State amended by redesignating subsection (g) as The State and Local Government Department of Transportation. subsection (h) and by inserting after sub- Participation Act is designed to pro- In consideration of the large geo- section (f) the following new subsection: vide for greater input from state and graphical expanse of my State, the ‘‘(g) DIRECT CHARITABLE DEDUCTION.—For often treacherous winter driving condi- purposes of this section, the term ‘direct local governments in the NEPA proc- tions, and the fuel shortages that have charitable deduction’ means that portion of ess. This measure would simply guar- the amount allowable under section 170(a) antee that state, county and local vexed the Northeast over the past two which is taken as a direct charitable deduc- winters, I believe that the reunifica- agencies be identified as cooperating tion for the taxable year under section entities when preparing land manage- tion and return to use of this pipeline 170(m).’’ ment plans under NEPA. Although the would serve the public good in north- (3) CONFORMING AMENDMENT.—Section 63(d) ern Maine. It would provide a safer and of such Code (defining itemized deductions) law already provides for voluntary in- more efficient means of transporting is amended by striking ‘‘and’’ at the end of clusion of state and local entities in fuel and, thereby improve the climate paragraph (1), by striking the period at the the planning process, too often, the for manufacturing and processing end of paragraph (2) and inserting ‘‘, and’’, federal agencies choose to ignore local plants currently considering new oper- and by adding at the end the following new governments when preparing planning ations in the economically challenged paragraph: documents under NEPA. Unfortu- ‘‘(3) the direct charitable deduction.’’ nately, many federal agencies have be- area surrounding Limestone. (c) TIME WHEN CONTRIBUTIONS DEEMED It is also worth noting, that from a MADE.—Section 170(f) of the Internal Rev- come so engrossed in examining every cost-avoidance perspective, my bill will enue Code of 1986 (relating to disallowance of environmental aspect of a proposed ac- save the U.S. taxpayer more than deduction in certain cases and special rules) tion on federal land, they have forgot- $100,000 which would otherwise be re- is amended by adding at the end the fol- ten to consult with the folks who actu- quired to support the administrative lowing new paragraph: ally live near and depend on these disposal of this currently unused pipe- ‘‘(10) TIME WHEN CONTRIBUTIONS DEEMED areas for their economic survival. line. By passing this bill, the Senate PAID.—For purposes of this section, in the States and local communities must and, ultimately, the Congress can help case of an individual, a taxpayer shall be be consulted and included when pro- deemed to have paid a charitable contribu- expand the options and opportunities tion on the last day of the preceding taxable posed actions are being taken on fed- for Aroostook County. year if the contribution is paid on account of eral lands in their state. Too often, fed- such taxable year and is paid not later than eral land managers are more concerned By Mr. MCCONNELL (for himself the time prescribed by law for filing the re- about the comments of environmental and Mr. DODD): turn for such taxable year (not including ex- organizations located in Washington, S. 298. A bill to amend the Internal tensions thereof).’’ D.C. or New York City than the people Revenue Code of 1986 to allow non- (d) EFFECTIVE DATE.—The amendments who actually live in the state where made by this section shall apply to taxable itemizers a deduction for a portion of the proposed action will take place. their charitable contributions, and for years beginning after December 31, 2000. This is wrong. The concerns, comments other purposes; to the Committee on By Mr. THOMAS (for himself, Mr. and input of state and local commu- Finance. CRAIG, Mr. CRAPO, Mr. MUR- nities is vital for the proper manage- Mr. MCCONNELL. Mr. President, I ask unanimous consent that the text of KOWSKI, and Mr. ENZI): ment of federal lands in the West. The S. 301. A bill to amend the National State and Local Government Participa- the bill be printed in the RECORD. There being no objection, the bill was Environmental Policy Act of 1969 to re- tion Act of 2001 will begin to address quire that Federal agencies consult ordered to be printed in the RECORD, as this troubling problem and guarantee follows: with state agencies and county and that local folks will be involved in pro- S. 298 local governments on environmental posed decisions that will affect their impact statements; to the Committee Be it enacted by the Senate and House of Rep- lives. resentatives of the United States of America in on Environment and Public Works. f Mr. THOMAS. Mr. President, I rise Congress assembled, ADDITIONAL COSPONSORS SECTION 1. SHORT TITLE. today to introduce the State and Local This Act may be cited as the ‘‘Giving In- Government Participation Act of 2001 S. 7 centives for Taxpayers Act’’. which would amend the National Envi- At the request of Mr. DASCHLE, the SEC. 2. DEDUCTION FOR PORTION OF CHARI- ronmental Policy Act, NEPA. This bill name of the Senator from Nevada (Mr. TABLE CONTRIBUTIONS TO BE AL- is designed to guarantee that federal REID) was added as a cosponsor of S. 7, LOWED TO INDIVIDUALS WHO DO NOT ITEMIZE DEDUCTIONS. agencies identify state, county and a bill to improve public education for (a) IN GENERAL.—Section 170 of the Inter- local governments as cooperating agen- all children and support lifelong learn- nal Revenue Code of 1986 (relating to chari- cies when fulfilling their environ- ing.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.058 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1229 S. 21 were added as cosponsors of S. 152, a with responsibility for agriculture At the request of Mr. DASCHLE, the bill to amend the Internal Revenue antitrust matters. name of the Senator from Connecticut Code of 1986 to eliminate the 60-month S. 283 (Mr. LIEBERMAN) was added as a co- limit and increase the income limita- At the request of Mr. MCCAIN, the sponsor of S. 21, a bill to establish an tion on the student loan interest de- names of the Senator from New Jersey off-budget lockbox to strengthen So- duction. (Mr. CORZINE), the Senator from Michi- cial Security and Medicare. S. 170 gan (Ms. STABENOW), the Senator from S. 27 At the request of Mr. REID, the name Massachusetts (Mr. KERRY), and the At the request of Mr. MCCAIN, the of the Senator from West Virginia (Mr. Senator from New York (Mrs. CLINTON) names of the Senator from South Da- ROCKEFELLER) was added as a cospon- were added as cosponsors of S. 283, a kota (Mr. JOHNSON), the Senator from sor of S. 170, a bill to amend title 10, bill to amend the Public Health Serv- Vermont (Mr. LEAHY), the Senator United States Code, to permit retired ice Act, the Employee Retirement In- from Maryland (Mr. SARBANES), and members of the Armed Forces who come Security Act of 1974, and the In- the Senator from Nevada (Mr. REID) have a service-connected disability to ternal Revenue code of 1986 to protect were added as cosponsors of S. 27, a bill receive both military retired pay by consumers in managed care plans and to amend the Federal Election Cam- reason of their years of military serv- other health coverage. paign Act of 1971 to provide bipartisan ice and disability compensation from S. 284 campaign reform. the Department of Veterans Affairs for At the request of Mr. MCCAIN, the S. 88 their disability. names of the Senator from New Jersey At the request of Mr. ROCKEFELLER, S. 174 (Mr. CORZINE), the Senator from Michi- the names of the Senator from Virginia At the request of Mr. KERRY, the gan (Ms. STABENOW), the Senator from (Mr. WARNER), the Senator from Utah name of the Senator from Montana Massachusetts (Mr. KERRY), and the (Mr. BENNETT), and the Senator from (Mr. BURNS) was added as a cosponsor Senator from New York (Mrs. CLINTON) Illinois (Mr. DURBIN) were added as co- of S. 174, a bill to amend the Small were added as cosponsors of S. 284, a sponsors of S. 88, a bill to amend the Business Act with respect to the bill to amend the Internal Revenue Internal Revenue Code of 1986 to pro- microloan program, and for other pur- Code of 1986 to provide incentives to ex- vide an incentive to ensure that all poses. pand health care coverage for individ- Americans gain timely and equitable S. 219 uals. access to the Internet over current and At the request of Mr. DODD, the S.RES. 16 future generations of broadband capa- names of the Senator from California At the request of Mr. THURMOND, the bility. (Mrs. BOXER), the Senator from Rhode name of the Senator from Connecticut S. 122 Island (Mr. L. CHAFEE), and the Sen- (Mr. LIEBERMAN) was added as a co- At the request of Mr. CAMPBELL, the ator from Indiana (Mr. LUGAR) were sponsor of S.Res. 16, a resolution desig- name of the Senator from Kansas (Mr. added as cosponsors of S. 219, a bill to nating August 16, 2001, as ‘‘National BROWNBACK) was added as a cosponsor suspend for two years the certification Airborne Day.’’ of S. 122, a bill to prohibit a State from procedures under section 490(b) of the f determining that a ballot submitted by Foreign Assistance Act of 1961 in order AMENDMENTS SUBMITTED an absent uniformed services voter was to foster greater multilateral coopera- improperly or fraudulently cast unless tion in international counternarcotics that State finds clear and convincing programs, and for other purposes. SMITH AMENDMENT NO. 2 evidence of fraud, and for other pur- S. 264 (Ordered to lie on the table.) poses. At the request of Ms. SNOWE, the Mr. SMITH of Oregon submitted an S. 123 name of the Senator from Alaska (Mr. amendment intended to be proposed by At the request of Mrs. FEINSTEIN, the STEVENS) was added as a cosponsor of him to the bill S. 235, to provide for en- name of the Senator from Mississippi S. 264, a bill to amend title XVIII of the hanced safety, public awareness, and (Mr. COCHRAN) was added as a cospon- Social Security Act to expand coverage environmental protection in pipeline sor of S. 123, a bill to amend the Higher of bone mass measurements under part transportation, and for other purposes; Education Act of 1965 to extend loan B of the medicare program to all indi- as follows: forgiveness for certain loans to Head viduals at clinical risk for Following Subsection (b), AUTHORITY TO Start teachers. osteoporosis. IMPOSE LIMITATION’S, insert the following: S. 126 S. 271 ‘‘(c) LIMITATION ON AUTHORITY.— At the request of Mr. CLELAND, the At the request of Mrs. FEINSTEIN, the ‘‘(1) The interim regional price limitation, name of the Senator from Illinois (Mr. name of the Senator from Oregon (Mr. or cost-of-service based rate, shall not apply to any sale of electric energy at the whole- DURBIN) was added as a cosponsor of S. WYDEN) was added as a cosponsor of S. sale rate for delivery in a state that— 126, a bill to authorize the President to 271, a bill to amend title 5, United ‘‘(A) has barred regulated utilities from present a gold medal on behalf of Con- States Code, to provide that the man- passing through to retail consumers FERC- gress to former President Jimmy datory separation age for Federal fire- mandated wholesale rates, or Carter and his wife Rosalynn Carter in fighters be made the same as the age ‘‘(B) has instituted caps on the retail recognition of their service to the Na- that applies with respect to Federal prices that regulated utilities can charge tion. law enforcement officers. that are too low for the regulated utilities to recover costs on a cost-of-service based rate S. 135 S. 277 or that have resulted in the default of pay- At the request of Mrs. FEINSTEIN, the At the request of Mr. KENNEDY, the ments to other utilities within the region name of the Senator from Washington name of the Senator from New Jersey comprising the Western Systems Coordi- (Mrs. MURRAY) was added as a cospon- (Mr. TORRICELLI) was added as a co- nating Council. sor of S. 135, a bill to amend title XVIII sponsor of S. 277, a bill to amend the ‘‘(2) Notwithstanding any other provision of the Social Security Act to improve Fair Labor Standards Act of 1938 to of law, neither the Secretary nor the Com- mission may order the sale of electricity or payments for direct graduate medical provide for an increase in the Federal natural gas into any state that meets the education under the medicare program. minimum wage. criteria set forth in subsection 1, unless S. 152 S. 282 there is a guarantee that the seller will be At the request of Mr. GRASSLEY, the At the request of Mr. HARKIN, the paid. names of the Senator from Arkansas names of the Senator from Nebraska ‘‘(3) Notwithstanding any other provision of law, state public utility commissions (Mr. HUTCHINSON), the Senator from (Mr. HAGEL) and the Senator from within the region comprising the Western Vermont (Mr. JEFFORDS), the Senator South Dakota (Mr. JOHNSON) were Systems Coordinating Council may require from Alaska (Mr. MURKOWSKI), the Sen- added as cosponsors of S. 282, a bill to that regulated utilities under their respec- ator from Georgia (Mr. CLELAND), and establish in the Antitrust Division of tive jurisdictions meet the electricity de- the Senator from Utah (Mr. HATCH) the Department of Justice a position mands of that utility’s service area before

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.052 pfrm02 PsN: S08PT1 S1230 CONGRESSIONAL RECORD — SENATE February 8, 2001 making sales into any state that meets the MCCAIN and HOLLINGS to the bill S. 235, to provide for en- criteria set forth in subsection 1. AMENDMENT NO. 4 hanced safety, public awareness, and ‘‘(d) INQUIRIES.— Mr. McCAIN (for himself and Mr. environmental protection in pipeline ‘‘(1) The Commission is directed to under- transportation, and for other purposes; take an examination to determine whether, HOLLINGS) proposed an amendment to within the region comprising the Western the bill S. 235, to provide for enhanced as follows: Systems Coordinating Council, any sale of safety, public awareness, and environ- Strike section 7 and insert the following: electric energy at the wholesale rate in mental protection in pipeline transpor- SEC. 7. PUBLIC EDUCATION, EMERGENCY PRE- interstate commerce subject to the jurisdic- tation, and for other purposes; as fol- PAREDNESS, AND COMMUNITY tion of the Commission under part II of the lows: RIGHT TO KNOW. Federal Power Act is unjust, unreasonable, On page 5, line 12, after ‘‘industry’’ insert (a) REQUIREMENTS.— or unduly preferential. (1) PROGRAM REQUIREMENTS.— ‘‘(2) The Securities and Exchange Commis- ‘‘and employee organization’’. On page 34, line 9, strike ‘‘sections 60525’’ (A) IN GENERAL.—Section 60116 is amended sion (SEC) is directed to study whether the to read as follows: regulated utilities in states that meet the and insert ‘‘section 60125’’. On page 34, line 14, after ‘‘transferred’’ in- criteria set forth in Subsection (c)(1) are ‘‘§ 60116. Public education, emergency pre- sert ‘‘to the Secretary of Transportation, as uncreditworthy, or have defaulted on pay- paredness, and community right to know provided in appropriation Acts,’’ ments, because of transfers of funds to par- On page 34, beginning in line 15, strike ‘‘fis- ‘‘(a) PUBLIC EDUCATION PROGRAMS.— ent holding companies or to subsidiaries be- cal year 2002, fiscal year 2003, and fiscal year ‘‘(1) REQUIREMENT FOR PROGRAMS.— yond payments in accordance with any state 2004,’’ and insert ‘‘each of fiscal years 2002, ‘‘(A) IN GENERAL.—Each owner or operator deregulation statutes. The SEC is to report 2003, and 2004.’’. of a pipeline facility shall carry out a con- its findings to the House Committee on En- On page 34, line 21, strike ‘‘60125’’ and in- tinuing program to educate the public about ergy and Commerce and the Senate Commit- sert ‘‘60301’’. its facility. tees on Commerce and Energy and Natural On page 35, line 1, strike ‘‘Transportation’’ ‘‘(B) CONTENT.— Resources within 120 days of enactment.’’ and insert ‘‘Transportation, as provided in ‘‘(i) INFORMATION.—The program shall in- Renumber the sequential subsections ac- appropriation Acts,’’. clude information on the use of a one-call cordingly. On page 36, line 5, strike ‘‘until—’’ and in- system for advance notification of an exca- sert ‘‘until the earlier of the date on vation and for other damage prevention ac- BOXER AND OTHERS AMENDMENT which—’’. tions, the possible hazards associated with NO. 3 On page 36, line 6, strike ‘‘determines’’ and unintended releases from the pipeline facil- insert ‘‘determines, after notice and an op- ity, the physical indications that such a re- Mrs. BOXER (for herself, Ms. MIKUL- portunity for a hearing,’’. lease may have occurred, the steps that SKI, Mr. WELLSTONE, Mr. MURKOWSKI, On page 36, line 14, strike ‘‘Disciplinary ac- should be taken for public safety in the Mrs. FEINSTEIN, Mrs. CARNAHAN, and tion’’ and insert ‘‘Action’’. event of a pipeline release, and how to report Mr. GRASSLEY) proposed an amendment such an event. to the bill S. 235, to provide for en- MCCAIN AND REED AMENDMENT ‘‘(ii) OTHER ACTIVITIES.—The public edu- hanced safety, public awareness, and NO. 5 cation program shall also include activities environmental protection in pipeline to advise affected municipalities, school dis- Mr. MCCAIN (for Mr. REED) proposed tricts, businesses, and residents of pipeline transportation, and for other purposes; an amendment to the bill S. 235, to pro- facility locations. as follows: vide for enhanced safety, public aware- ‘‘(2) PERIODIC REVIEW.—The Secretary or At the end, add the following: ness, and environmental protection in the appropriate State agency shall periodi- SEC. . STUDY OF NATURAL GAS RESERVE. pipeline transportation, and for other cally review the public education program of (a) FINDINGS.—Congress finds that— purposes; as follows: each owner or operator of a pipeline facility. ‘‘(3) PROGRAM ELEMENTS, STANDARDS, AND (1) In the last few months, natural gas At the end, add the following: prices across the country have tripled. MATERIALS.—The Secretary may prescribe (2) In California, natural gas prices have SEC. . STUDY AND REPORT ON NATURAL GAS the elements of an effective public education PIPELINE AND STORAGE FACILITIES program and standards for assessing the ef- increased twenty-fold, from $3 per million IN NEW ENGLAND. fectiveness of the program. The Secretary British thermal units to nearly $60 per mil- (a) STUDY.—The Federal Energy Regu- may also develop materials for use in the lion British thermal units. latory Commission, in consultation with the program. (3) One of the major causes of these price Department of Energy, shall conduct a study increases is a lack of supply, including a on the natural gas pipeline transmission net- ‘‘(b) EMERGENCY PREPAREDNESS.— lack of natural gas reserves. work in New England and natural gas stor- ‘‘(1) LIAISON REQUIREMENT.—Each operator (4) The lack of a reserve was compounded age facilities associated with that network. of a pipeline facility shall maintain liaison— by the rupture of an El Paso Natural Gas In carrying out the study, the Commission ‘‘(A) with the Office of Pipeline Safety of Company pipeline in Carlsbad, New Mexico shall consider— the Department of Transportation; on August 1, 2000. (1) the ability of natural gas pipeline and ‘‘(B) with the Regional Emergency Re- (5) Improving pipeline safety will help pre- storage facilities in New England to meet sponse Coordinator for a region in which it vent similar accidents that interrupt the current and projected demand by gas-fired operates; and supply of natural gas and will help save power generation plants and other con- ‘‘(C) for each State in which the facility lives. sumers; operates— (6) It is also necessary to find solutions of (2) capacity constraints during unusual ‘‘(i) with the State emergency response the lack of natural gas reserves that could be weather periods; commissions; used during emergencies. (3) potential constraint points in regional, ‘‘(ii) with the local emergency planning (b) STUDY BY THE NATIONAL ACADEMY OF interstate, and international pipeline capac- committees in the areas of pipeline rights-of- SCIENCES.—The Secretary of Energy shall re- ity serving New England; and way established under section 301 of the quest the National Academy of Sciences to— (4) the quality and efficiency of the federal Emergency Planning and Community Right- (1) conduct a study to— environmental review and permitting proc- To-Know Act of 1986 (42 U.S.C. 11001); and (A) determine the causes of recent iness for natural gas pipelines. ‘‘(iii) in the case of a community without creases in the price of natural gas, including (b) REPORT.—Not later than 120 days after a local emergency planning committee, with whether the increases have been caused by the date of the enactment of this Act, the the local firefighting, police, and other emer- problems with the supply of natural gas or Federal Energy Regulatory Commission gency response agencies. by problems with the natural gas trans- shall prepare and submit to the Senate Com- ‘‘(2) AVAILABILITY OF MAP INFORMATION.— mission system; mittee on Energy and Natural Resources and ‘‘(A) REQUIREMENT.—Each such operator (B) identify any Federal or State policies the appropriate committee of the House of shall make available to the entities referred that may have contributed to the price in- Representatives a report containing the re- to in paragraph (1) the map prepared by the creases; and sults of the study conducted under sub- operation under subsection (c)(1)(B)(v) in a (C) determine what Federal action would section (a), including recommendations for format that is integrated into a commercial be necessary to improve the reserve supply addressing potential natural gas trans- off-the-shelf in-vehicle portable computer of natural gas for use in situations of natural mission and storage capacity problems in global positioning system navigation map- gas shortages and price increases, including New England. ping software used in first responder vehicles determining the feasibility and advisability equipped with portable computers and re- of a federal strategic natural gas reserve sys- CORZINE AMENDMENT NO. 6 sponding to pipeline spills. tem; and ‘‘(B) DESIGNATION OF REGIONAL EMERGENCY (2) not later than 60 days after the date of (Ordered to lie on the table.) TRANSPORTATION COORDINATORS.—The Sec- enactment of this Act, submit to Congress a Mr. CORZINE submitted an amend- retary shall designate the Regional Emer- report on the results of the study. ment intended to be proposed by him gency Transportation Coordinator who, for

VerDate 08-FEB-2001 04:11 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.060 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1231 the purpose of providing the most cost effec- taken with respect to the pipeline segment hanced safety, public awareness, and tive first responder mapping tool for coordi- during the 5 years preceding the date of the environmental protection in pipeline nated emergency responses in within the Co- report. transportation, and for other purposes; ordinator’s region of responsibility, is— ‘‘(xii) Any additional identification, safety, as follows: ‘‘(i) to define the in-vehicle navigation or integrity management information that mapping standards for the preparation of the Secretary requires. Strike section 5, and insert the following: maps that are to be made available under ‘‘(2) NATIONAL PIPELINE REGISTRY.— SEC. 5. PIPELINE INTEGRITY INSPECTION PRO- subparagraph (A) for areas within that re- ‘‘(A) ESTABLISHMENT.—The Secretary shall GRAM. gion; and within 180 days of enactment of this act, (a) PROGRAM REQUIRED.—Section 60109 is ‘‘(ii) to contract with the outsource map- maintain a National Pipeline Registry of the amended by adding at the end the following ping vendor. pipeline segment safety assessments received new subsection: ‘‘(c) COMMUNITY RIGHT TO KNOW.— by the Secretary under paragraph (1). ‘‘(c) RISK ANALYSIS AND INTEGRITY MAN- ‘‘(1) PERIODIC PIPELINE SEGMENT ASSESS- ‘‘(B) PUBLIC INFORMATION.—The Secretary AGEMENT PROGRAMS.— MENT.— shall make the pipeline segment safety as- ‘‘(1) REQUIREMENT FOR OPERATOR PRO- ‘‘(A) CONDUCT; AVAILABILITY.—Each owner sessments in the National Pipeline Registry GRAMS.—Each operator of a gas transmission or operator of a pipeline facility shall, once available on the Internet free of charge. or hazardous liquid pipeline facility shall every 5 years— ‘‘(3) PIPELINE SEGMENT DEFINED.—In this conduct an analysis of the risks to each fa- ‘‘(i) conduct a safety assessment of each subsection, the term ‘pipeline segment’ cility of the operator in an area identified pipeline segment of the facility under its op- means a length of pipeline with homo- erating control; and pursuant to subsection (a)(1) and shall adopt geneous construction, operational, geo- and implement a written integrity manage- ‘‘(ii) submit a report on the pipeline seg- graphic, and ownership characteristics.’’. ment safety assessment to the Secretary and ment program for such facility to reduce the (B) CLERICAL AMENDMENT.—The item relat- risks. to the State or States in which the pipeline ing to such section in the table of sections at segment is located. ‘‘(2) REQUIRED ELEMENTS OF INTEGRITY MAN- the beginning of chapter 601 is amended to AGEMENT PROGRAMS.—An integrity manage- ‘‘(B) CONTENT.—The report on the safety read as follows: assessment for a pipeline segment shall in- ment program adopted by an operator of a clude, but not be limited to, the following: ‘‘60116. Public education, emergency pre- facility in an area identified pursuant to sub- ‘‘(i) The business name, address, and tele- paredness, and community section (a)(1) shall include, at a minimum, phone number of the owner and operator of right to know.’’. the following: the pipeline segment (including any parent (2) SAFETY CONDITION REPORTS.—Section ‘‘(A) Provision for periodic inspection of company). 60102(h)(2) is amended by striking ‘‘State au- the facility, by internal inspection device, ‘‘(ii) An emergency telephone number that thorities’’ in the second sentence and insert- pressure testing, direct assessment, or an al- provides at any time during the 24 hours of ing ‘‘State officials, including the local ternative method that would provide an each day effective communication with the emergency responders.’’. equal or greater level of safety, including a owner and operator’s point of contact who is (b) REVIEW OF PUBLIC EDUCATION PRO- specification of— capable of identifying the material shipped GRAMS.— ‘‘(i) the types of inspections; through the pipeline segment. (1) REVIEW REQUIRED.—Not later than one ‘‘(ii) the frequency of the inspections, ‘‘(iii) An emergency telephone number that year after the date of the enactment of this which shall not be less frequent than once provides at any time during the 24 hours of Act, each owner or operator of a pipeline fa- every five years; and each day effective communication with the cility shall review its existing public edu- ‘‘(iii) the manner in which the inspections owner and operator’s point of contact who is cation program to determine the effective- or testing are to be conducted. responsible, under the owner and operator’s ness of the program and shall modify the ‘‘(B) Clearly defined criteria for evaluating procedures, for beginning an emergency dis- program as necessary to improve the effec- the results of— continuation of the transporting of gas or tiveness of the program and to comply with ‘‘(i) inspections conducted under subpara- hazardous liquid through that segment. the requirements of section 60116 of title 49, graph (A); and ‘‘(iv) A description of the pipeline segment, United States Code, as amended by sub- ‘‘(ii) any testing done in the inspection or including pipeline diameter, the substance or section (a). as any other part of the integrity manage- substances carried, maximum allowable op- (2) SUBMITTAL TO SECRETARY.—Upon comment program. erating pressure, construction material, and pleting the review and any modification of ‘‘(C) Procedures for ensuring that problems age. the program resulting from the review, the identified in such inspections or other test- ‘‘(v) A map showing the location of the owner or operator, as the case may be, shall ing are corrected in a timely manner. right-of-way for the pipeline segment, the lo- submit a detailed description of the program ‘‘(D) A description of measures to prevent cations of any significant anomalies, the lo- to the Secretary of Transportation or, in the and mitigate the consequences of unintended cations of any other significant conditions case of an intrastate pipeline facility, to the releases from the facility, such as leak de- that are identified in inspections of the pipe- appropriate State agency. tection, integrity evaluation, emergency line segment under the integrity manage- (c) TIME FOR IMPLEMENTATION OF REQUIRE- flow restricting devices, and other preven- ment program carried out by the owner or MENTS— tion, detection, and mitigation measures. operator under section 60109(c) or are known (1) OPERATOR LIAISON.—Each operator of a ‘‘(E) The types of information sources that by other means, and the locations of any pipeline facility shall have the emergency must be integrated in assessing the integrity portions of the pipeline segment where oper- response liaison required under subsection of the pipeline facility as well as the manner ations could affect environmentally sen- (b) of section 60116 of title 49, United States of integration. sitive areas and high-density population Code (as amended by subsection (a)), in place ‘‘(F) The nature and timing of actions se- areas. not later than one year after the date of the lected to address the integrity of the pipeline ‘‘(vi) The primary causes of any pipeline enactment of this Act. facility. failure for the segment. (2) INITIAL PIPELINE SEGMENT REPORTS.— ‘‘(G) Any other factors that are appro- ‘‘(vii) A history of safety incidents for the Each owner or operator of a pipeline facility priate for— pipeline segment for the 5 years preceding shall perform the initial pipeline segment as- ‘‘(i) ensuring that the integrity of the pipe- the date of the report (including any inci- sessments for its pipeline facilities, and sub- line facility is addressed; or dent involving death, injury, evacuation, en- mit the initial reports on those assessments, ‘‘(ii) providing appropriate mitigative vironmental contamination, or property under subsection (c)(1) of section 60116 of measures for protecting areas identified damage), together with safety-related condi- title 49, United States Code (as amended by under subsection (a)(1). tion reports filed by an operator under sec- subsection (a)), not later than one year after ‘‘(3) SYSTEMS TO MONITOR PRESSURE AND DE- tion 60102(h) and a report of a pipeline inci- the date of the enactment of this Act. TECT LEAKS; USE OF EMERGENCY FLOW RE- dent filed by an operator under this chapter. (3) NATIONAL PIPELINE REGISTRY.—The Sec- STRICTING DEVICES.—The operator of a pipe- ‘‘(viii) A history of the actions that have retary of Transportation shall complete the line facility may also provide in an integrity been taken to prevent pipeline hazards for establishment of the National Pipeline Reg- management program under paragraph (1) the segment during the 5 years preceding the istry required under subsection (c)(2) of sec- for the following: date of the report, including a discussion of tion 60116 of title 49, United States Code (as ‘‘(A) Changes to valves or the establish- the testing methods, the dates of testing, in- amended by subsection (a)), not later than ment or modification of systems that mon- spection and testing results, and repair his- six months after the date of the enactment itor pressure and detect leaks based on the tory. of this Act. operator’s risk analysis. ‘‘(ix) The spill mitigation technologies in ‘‘(B) The use of emergency flow restricting use for the pipeline segment, together with a CORZINE AMENDMENT NO. 7 devices. description of the shut-off valve distances ‘‘(4) INCREASED FREQUENCY OF INSPEC- and leak detection technologies and sen- (Ordered to lie on the table.) TIONS.— sitivities. Mr. CORZINE submitted an amend- ‘‘(A) CONSIDERATIONS.—In determining ‘‘(x) A history of the inspections and the ment intended to be proposed by him whether to require inspection of a facility enforcement actions that have been under- to the bill S. 235, to provide for en- more frequently than once every five years,

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.059 pfrm02 PsN: S08PT1 S1232 CONGRESSIONAL RECORD — SENATE February 8, 2001 an operator shall take into account, as ap- State authority with which the Secretary tion 60109(c) of title 49, United States Code propriate, the following: has entered into an agreement under section (as added by subsection (a) of this section), ‘‘(i) The potential for development of new 60106. to cover additional areas. defects in the facility. ‘‘(7) STATE REVIEW OF INTEGRITY MANAGE- (B) SUBMITTAL TO CONGRESS.—The Sec- ‘‘(ii) The operational characteristics of the MENT PLANS.—A State authority that enters retary shall submit to Congress the Sec- facility, including age, operating pressure, into an agreement pursuant to section 60106, retary’s assessment and evaluation together block valve location, corrosion history, spill permitting the State authority to review the with any recommendations for improving history, and any known deficiencies in the risk analysis and written program, may pro- and expanding the utilization of integrity method of pipeline construction or installa- vide the Secretary with a written assessment management programs under that sub- tion. of the risk analysis and integrity manage- section. ‘‘(iii) The possible growth of new and exist- ment program, make recommendations, as (4) OPPORTUNITY FOR LOCAL INPUT ON INTEG- ing defects. appropriate, to address safety concerns not RITY MANAGEMENT.—The Secretary shall ‘‘(B) OUTSIDE FORCE DAMAGE.—For purposes adequately addressed by the operator’s risk issue the regulations required under section of subparagraph (A)(i), in considering the po- analysis or integrity management program, 60109(c)(8) of title 49, United States Code (as tential for development of new defects in a and submit documentation explaining the added by subsection (a) of this section), not pipeline facility from damage by an outside State-proposed revisions. The Secretary later than 18 months after the date of the enforce, an operator shall consider information shall carefully consider the State’s proposals actment of this Act. available about current or planned exca- and work in consultation with the States vation activities and the effectiveness of and operators to address safety concerns. CORZINE AMENDMENT NO. 8 damage prevention programs in the area. ‘‘(8) OPPORTUNITY FOR LOCAL INPUT ON IN- ‘‘(5) STANDARDS FOR MINIMUM LEVEL OF PRO- TEGRITY MANAGEMENT.—The Secretary shall, (Ordered to lie on the table.) TECTION.—An operator of a pipeline facility by regulation, establish a process for raising Mr. CORZINE submitted an amend- that is required to implement an integrity and addressing local safety concerns about ment intended to be proposed by him management program under paragraph (1) pipeline integrity and operators’ pipeline in- to the bill S. 235, to provide for en- shall— tegrity programs. The process shall include ‘‘(A) adopt standards under this subsection the following: hanced safety, public awareness, and that provide a minimum level of protection ‘‘(A) A requirement that an operator of a environmental protection in pipeline for the operator’s facilities in areas identi- hazardous liquid pipeline or an operator of a transportation, and for other purposes; fied pursuant to subsection (a)(1) that is at pipeline facility for the transmission of nat- as follows: least equivalent to the applicable level of ural gas, as the case may be, provide infor- Strike section 4, and insert the following: protection established by national consensus mation about the operator’s risk analysis SEC. 4. QUALIFICATIONS OF PIPELINE PER- standards organizations; and and integrity management program required SONNEL. ‘‘(B) implement pressure testing and other under this section to local officials in the (a) PERSONNEL QUALIFICATION PLANS.— integrity management techniques in a man- State in which the facility is located. (1) REQUIREMENT FOR PLANS.—Chapter 601 ner that minimizes environmental or safety ‘‘(B) An identification of the local officials is amended by adding at the end the fol- risks, such as by use of water for pressure who are required to be informed, the infor- lowing: testing. mation that is to be provided to them, and (A) SUBMITTAL AND CERTIFICATION.—Chap- ‘‘(6) AUTHORITY AND RESPONSIBILITY OF SEC- the manner (which may include traditional ter 601 is amended by adding at the end the RETARY.— or electronic means) in which it is to be pro- following: ‘‘(A) STANDARDS.— vided. ‘‘(i) AUTHORITY.—The Secretary may pre- ‘‘(C) The means for receiving input from ‘‘§ 60129. Pipeline personnel qualification scribe standards to direct an operator’s con- the local officials, which may include a pub- plans duct of a risk analysis and adoption and im- lic forum sponsored by the Secretary or by ‘‘(a) QUALIFICATION PLANS.— plementation of an integrity management the State or the submission of written com- ‘‘(1) REQUIREMENT FOR PLANS.—Each oper- program under paragraph (1). ments through traditional or electronic ator of a pipeline facility shall make avail- ‘‘(ii) INACTION BY SECRETARY.—The respon- means. able to the Secretary a plan that is designed sibility of an operator of a pipeline facility ‘‘(D) The extent to which an operator must to enhance the qualifications of the opera- to conduct a risk analysis or adopt or imple- participate in a public forum sponsored by tor’s pipeline personnel and to reduce the ment an integrity management program the Secretary or in another means for receiv- likelihood of accidents and injuries. In the under paragraph (1) shall not be affected by ing input from the local officials or in the case of an intrastate pipeline facility, the any failure of the Secretary to prescribe evaluation of that input. appropriate State regulatory agency shall standards under this subparagraph. ‘‘(E) The manner in which the Secretary make the operator’s plan available to the ‘‘(B) REVIEW OF INTEGRITY MANAGEMENT will notify the local officials about how their Secretary. PROGRAMS.— concerns are being addressed. ‘‘(2) CONTENT.—The plan shall include, at a ‘‘(i) TRANSMITTAL TO SECRETARY.—Each op- ‘‘(9) BASELINE INTEGRITY ASSESSMENT.—An minimum, criteria for the demonstration of erator of a pipeline facility shall transmit to operator of a pipeline facility that is re- the ability of an individual to safely and the Secretary a detailed description of the quired to implement an integrity manage- properly perform tasks to which the stand- operator’s integrity management program in ment program under paragraph (1) shall com- ards prescribed under section 60102 apply. writing. plete a baseline integrity assessment of each The plan shall also provide for training and ‘‘(ii) AUTHORITY TO REVIEW.—The Secretary of the operator’s facilities in areas identified periodic reexamination of pipeline personnel shall review the risk analysis and integrity pursuant to subsection (a)(1).’’. and for requalification of those personnel as management program and record the results (b) IMPLEMENTATION.— appropriate, including qualification for in- of that review for use in the next review of (1) RISK ANALYSES AND INTEGRITY MANAGE- specting the structural integrity of cable- the operator’s program. MENT PROGRAMS.—The initial risk analyses suspension pipeline bridges. ‘‘(iii) CONTEXT OF REVIEW.—The Secretary and integrity management programs re- ‘‘(b) UPDATING OF PLANS.—After submittal may conduct a review under clause (ii) as an quired under section 60109(c)(1) of title 49, of an operator’s plan under subsection (a), element of the Secretary’s inspection of the United States Code (as added by subsection the operator shall revise or update the plan operator. (a) of this section), shall be completed not when appropriate to ensure the current va- ‘‘(iv) INADEQUATE PROGRAMS.—If the Sec- later than one year after the date of enact- lidity of the plan and shall make the revised retary determines that an operator’s risk ment of this Act. or updated plan available to the Secretary analysis or integrity management program (2) BASELINE INTEGRITY ASSESSMENTS.—The under that subsection. is inadequate for the safe operation of a pipe- initial baseline integrity assessment of the ‘‘(c) REVIEW OF PLANS.— line facility, the Secretary shall act under pipeline facility of each operator required ‘‘(1) INITIAL REVIEW.—The Secretary or, in section 60108(a)(2) to require the operator to under section 60109(c)(9) of title 49, United the case of an intrastate pipeline facility, revise the risk analysis or integrity manage- States Code (as added by subsection (a) of the appropriate State regulatory agency ment program. this section), shall be completed not later may review the qualification plan of an oper- ‘‘(v) AMENDMENTS TO PROGRAMS.—In order than five years after the date of the enact- ator and certify the adequacy of the plan for to facilitate reviews under this subpara- ment of this Act. ensuring a safe operating environment. graph, an operator of a pipeline facility shall (3) REVIEW.— ‘‘(2) PERIODIC REVIEW.—The Secretary or, notify the Secretary of any amendment (A) REQUIREMENT FOR REVIEW.—Not later in the case of an intrastate pipeline facility, made to the operator’s integrity manage- than 2 years after all integrity management the appropriate State regulatory agency ment program not later than 30 days after programs required to be submitted within shall periodically review the qualification the date of the adoption of the amendment. the time specified in paragraph (1)(A) have plan of an operator to determine whether the ‘‘(vi) TRANSMITTAL OF PROGRAMS TO STATE been received by the Secretary of Transpor- plan continues to ensure a safe operating en- AUTHORITIES.—The Secretary shall provide a tation, the Secretary shall complete an as- vironment. copy of a risk analysis and integrity man- sessment and evaluation of the effects on ‘‘(d) STANDARDS.—The Secretary shall es- agement program reviewed by the Secretary safety and the environment of expanding the tablish minimum standards for pipeline per- under this subparagraph to any appropriate applicability of the requirements under sec- sonnel training and evaluation, which may

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.064 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1233 include written examination, oral examina- vide for enhanced safety, public aware- breathing personification of bipartisan- tion, work performance history review, ob- ness, and environmental protection in ship before bipartisanship was cool. servation of job performance, on the job pipeline transportation, and for other She is a consummate professional. As training, simulations, or other forms of as- purposes; as follows: sessment.’’. Deputy Sergeant at Arms, one of Lo- (B) CLERICAL AMENDMENT.—The table of Page 6, after line 21: retta’s many responsibilities is greet- sections at the beginning of chapter 601 is The assessment period shall be no less than ing visiting dignitaries. Over the years, amended by adding at the end the following: every 5 years unless the DOT IG, after consultation with the Secretary determines— she has escorted Presidents, Vice Presi- ‘‘60129. Pipeline personnel qualification There is not a sufficient capability or it is dents, foreign heads of state, and other plans.’’. deemed unnecessary because of more tech- visiting dignitaries through these hall- (2) TIME FOR INITIAL SUBMITTAL.—Each en- nically appropriate monitoring or creates ways. In fact, she has probably met tity operating a pipeline facility (within the undue interruption of necessary supply to more foreign leaders than most Sen- meaning of section 60101(18) of title 49, fulfill the requirements under this para- ators. She is a good and gracious am- United States Code) shall first submit a per- graph. sonnel qualification plan under section 60129 bassador for this institution. of such title (as added by subsection (a)) not NICKLES AND MCCONNELL When it comes to the Senate, no later than April 21, 2001. chore is too big for Loretta—or too (b) TESTING AND CERTIFICATION.—Section AMENDMENT NO. 11 60102(a)(1)(C) is amended to read as follows: small. I understand she even put on Mr. NICKLES (for Mr. MCCONNELL) rubber gloves once to show her staff ‘‘(C) shall include requirements that all in- proposed an amendment to the concur- dividuals responsible for the operation and how to clean. Her reverence for this rent resolution H. Con. Res. 14, permit- maintenance of pipeline facilities be tested building is something I share, and one for qualification to perform such functions ting the use of the rotunda of the Cap- of the many reasons I like her. Loretta and be certified by the Secretary as qualified itol for a ceremony as part of the com- feels strongly that the Capitol is the to perform such functions, and may include memoration of the days of remem- People’s House. When visitors come a requirement that those individuals obtain brance of victims of the Holocaust; as here, she wants them to be treated additional education and training to qualify follows: with respect, and she wants them to be to perform such functions.’’. The first section of the resolution is (c) SUSPENSION OF CERTIFICATION.—Section able to learn something they may not amended by striking ‘‘April 18, 2001’’ and in- 60102(a) is amended by adding at the end the have known before. That is why she serting ‘‘April 19, 2001’’. following: works so closely with the staff who ‘‘(3) SUSPENSION OF CERTIFICATION.— f work directly with the public. ‘‘(A) AUTHORITY.—The Secretary may sus- AUTHORITY FOR COMMITTEES TO Loretta has also made a difference in pend or revoke the certification of an indi- MEET vidual under paragraph (1)(C) if the Sec- the lives of people in this building retary determines, after providing the indi- COMMITTEE ON ARMED SERVICES whom the public never sees. In her 14 vidual with notice and opportunity for hear- Mr. MCCAIN. Mr. President, I ask years in the Sergeant at Arms office, ing, that the individual— unanimous consent that the Com- she started a broad array of training ‘‘(i) has contributed to a violation of any mittee on Armed Services be author- programs to help employees sharpen provision of this chapter or any regulation issued under this chapter; or ized to meet during the session of the their skills and advance their careers. ‘‘(ii) willfully refuses to cooperate with the Senate on Thursday, February 8, 2001 Beyond her considerable professional investigation of any such violation. at 9:30 a.m., in open session, to receive strengths, what I admire most about ‘‘(B) LIMITATION.—A certification of an in- testimony on the Secretary’s priorities Loretta are her personal qualities: her dividual may be suspended or revoked under and plans for Department of Energy kindness, and her generosity of spirit. subparagraph (A) only in a manner that is National Security Programs. not inconsistent with the constitutional The PRESIDING OFFICER. Without She has given her time—and in some rights of the individual.’’. objection, it is so ordered. cases, her own financial resources—to help other members of our Senate fam- COMMITTEE ON HEALTH, EDUCATION, LABOR, CORZINE AMENDMENT NO. 9 AND PENSIONS ily through difficult times. (Ordered to lie on the table.) Mr. MCCAIN. Mr. President, I ask Between them, Loretta and her hus- Mr. CORZINE submitted an amend- unanimous consent that the Com- band, our former colleague Steve ment intended to be proposed by him mittee on Health, Education, Labor, Symms, share seven children. Many to the bill S. 235, to provide for en- and Pensions be authorized to meet for parents of seven would not have time hanced safety, public awareness, and a hearing on: Making Patient Privacy for anyone else’s children. But not Lo- environmental protection in pipeline A Reality: Does The Final HHS Regula- retta. She is a surrogate Mom and con- transportation, and for other purposes; tion Get The Job Done? during the ses- fidante to many of our Senate pages. as follows: sion of the Senate on Thursday, Feb- Senators on both sides of the aisle At the end of section 10(c), add the fol- ruary 8, 2001, at 9:30 a.m. also know they can count on Loretta to lowing: The PRESIDING OFFICER. Without tell us honestly if she thinks we are (3) Section 60122(a) is amended by adding at objection, it is so ordered. the end the following: wrong, and to encourage us when she ‘‘(3) A person who is the owner, operator, COMMITTEE ON THE JUDICIARY thinks we are right. We will miss her or person in charge of a hazardous liquid Mr. MCCAIN. Mr. President, I ask good advice, her kind smile—and much pipeline facility from which a hazardous liq- unanimous consent that the Com- more. As Loretta and Steve begin this uid is discharged is liable to the Government mittee on the Judiciary be authorized next chapter in their lives, we wish for a civil penalty of at least $1,000 per barrel to meet to conduct a hearing on Thurs- them good luck and good health. We of oil or other hazardous liquid discharged, day, February 8, 2001, at 10:00 a.m., in except that a person may not be liable for a hope they have many great adventures, civil penalty under this subsection for a dis- Dirksen 226. and we hope Loretta will come back to charge if the person has been assessed a civil The PRESIDING OFFICER. Without visit often. objection, it is so ordered. penalty under section 309 or 311(b) of the I yield the floor and suggest the ab- Federal Water Pollution Control Act (33 f sence of a quorum. U.S.C. 1319; 1321(b)) for the discharge. A person may be liable for a civil penalty under A TRIBUTE TO LORETTA SYMMS The PRESIDING OFFICER. The this paragraph and paragraph (1) with re- Mr. DASCHLE. Mr. President, I want clerk will call the roll. spect to the same discharge.’’. to add my voice to the chorus of those The legislative clerk proceeded to singing the praises of Loretta Symms. call the roll. CORZINE AND OTHERS Much as I hate to say it, Loretta will AMENDMENT NO. 10 be retiring as Deputy Sergeant of Arms Mr. NICKLES. Mr. President, I ask Mr. CORZINE (for himself, Mr. at the end of this week. unanimous consent that the order for TORRICELLI, Ms. CANTWELL, Mrs. MUR- We hear a lot of talk about biparti- the quorum call be rescinded. RAY, and Mr. BINGAMAN) proposed an sanship these days—and that’s good. The PRESIDING OFFICER. Without amendment to the bill S. 235, to pro- But Loretta Symms was the walking, objection, it is so ordered.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.068 pfrm02 PsN: S08PT1 S1234 CONGRESSIONAL RECORD — SENATE February 8, 2001 CONGRATULATING PRESIDENT The PRESIDING OFFICER. The EXPRESSING SYMPATHY FOR THE CHANDRIKA BANDARANAIKE clerk will report the resolution by VICTIMS OF THE DEVASTATING KUMARATUNGA AND THE PEO- title. EARTHQUAKE IN INDIA PLE OF THE DEMOCRATIC SO- The legislative clerk read as follows: Mr. NICKLES. Mr. President, I ask CIALIST REPUBLIC OF SRI A resolution (S. Res. 18) expressing sym- unanimous consent that the Senate LANKA pathy for the victims of the devastating earthquake that struck El Salvador on Janu- proceed to the consideration of Cal- Mr. NICKLES. Mr. President, I ask ary 13, 2001. endar No. 12, S. Con. Res. 6. unanimous consent that the Senate There being no objection, the Senate The PRESIDING OFFICER. The proceed to the consideration of Cal- proceeded to consider the resolution. clerk will report the concurrent resolu- endar No. 10, S. Res. 17. Mr. NICKLES. Mr. President, I ask tion by title. The PRESIDING OFFICER. The unanimous consent that the resolution The legislative clerk read as follows: clerk will report the resolution by be agreed to, the preamble be agreed A concurrent resolution (S. Con. Res. 6) ex- title. to, the motion to reconsider be laid pressing sympathy for the victims of the The legislative clerk read as follows: upon the table, and any statements re- devastating earthquake that struck India on January 26, 2001, and support for ongoing aid A resolution (S. Res. 17) congratulating lating to the resolution be printed in efforts. President Chandrika Bandaranaike the RECORD. Kumaratunga and the people of the Demo- The PRESIDING OFFICER. Without There being no objection, the Senate cratic Socialist Republic of Sri Lanka on the objection, it is so ordered. proceeded to consider the concurrent celebration of 53 years of independence. The resolution (S. Res. 18) was agreed resolution. There being no objection, the Senate to. Mr. BIDEN. Mr. President, I am proceeded to consider the resolution. The preamble was agreed to. proud to cosponsor S. Con. Res. 6. This Mr. NICKLES. Mr. President, I ask The resolution, with its preamble, concurrent resolution sends a message unanimous consent that the resolution reads as follows: of sympathy and support to the people be agreed to, the preamble be agreed S. RES. 18 of India, who have been struck by one to, the motion to reconsider be laid Whereas, on the morning of January 13, of the worst natural disasters to afflict upon the table, and any statements re- 2001, a devastating and deadly earthquake of their nation in the half-century since lating to the resolution be printed in a magnitude of 7.6 on the Richter scale Independence. The earthquake which devastated the the RECORD. shook the entire nation of El Salvador, kill- The PRESIDING OFFICER. Without ing more than 700 people, injuring more than Western Indian state of Gujarat killed 3,000, and leaving more than 50,000 homeless; untold thousands. The magnitude of objection, it is so ordered. Whereas the earthquake of January 13, The resolution (S. Res. 17) was agreed this tragedy is demonstrated by the 2001, has left thousands of buildings in ruin, fact that 30,000 dead is now referred to to. caused deadly landslides, and destroyed high- The preamble was agreed to. ways and other infrastructure; as an optimistic estimate. Other The resolution, with its preamble, Whereas the strength, courage, and deter- sources, such as the Indian Minister of reads as follows: mination of the people of El Salvador has Defense, have suggested a worst-case been displayed since the earthquake; scenario of 100,000 dead. S. RES. 17 Whereas El Salvador is still recovering As President Bush noted, a disaster Whereas February 4, 2001, is the occasion of from years of civil war, hurricane damage, such as this knows no national bound- the 53rd anniversary of the independence of and flood damage; aries. The victims have been the people the Democratic Socialist Republic of Sri Whereas the people of the United States Lanka from Britain; of India, but the burden of humani- and El Salvador share strong friendship and tarian relief rests on the shoulders of Whereas the present constitution of the mutual interests and respect; Democratic Socialist Republic of Sri Lanka Whereas some United States specialists the entire world community. has been in existence since August 16, 1978, from Costa Rica and Miami, including spe- I congratulate the relief workers, and guarantees universal suffrage; and cialists from the Miami-Dade Fire Rescue from many nations, who have stepped Whereas the people of the Democratic So- Department, were deployed to assist disaster up to the challenge. The most impor- cialist Republic of Sri Lanka and the United relief efforts in El Salvador; tant work, of course, has been done by States share many values, including a com- Whereas United States military personnel the Indians themselves tens of thou- mon belief in democratic principles, a com- from the United States Southern Command mitment to international cooperation, and sands of military and civilian per- are providing some technical assistance; sonnel who have labored tirelessly to promotion of enhanced trade and cultural Whereas the USAID/Disaster Assistance ties: Now, therefore, be it Response Team (DART) has set up an office help save the lives of those trapped in Resolved, That the Senate— in El Salvador’s National Emergency Com- the wreckage. (1) congratulates President Chandrika mittee (COEN) to assist the office in its co- Working alongside them have been Bandaranaike Kumaratunga and the people ordination efforts and to ensure access to the search and rescue teams from Britain, of the Democratic Socialist Republic of Sri latest information; and Switzerland, Germany, Russia and Tur- Lanka on the celebration of 53 years of inde- Whereas the United Nations launched an key. They helped locate victims with pendence; appeal for humanitarian assistance and ini- state-of-the-art thermal sensors, and (2) expresses best wishes to the Govern- tial rehabilitation to address the devastation ment and the people of the Democratic So- with specially-trained canine units. caused by the powerful earthquake: Now, Following closely after the search cialist Republic of Sri Lanka as they cele- therefore, be it brate their national day of independence on Resolved, That the Senate— and rescue teams have been medical February 4, 2001; and (1) expresses its deepest sympathies to the units from France, Japan, Israel, Den- (3) looks forward to continued cooperation people of El Salvador and other Central mark and NGOs like the International and friendship with the Government and peo- American countries for the tragic losses suf- Federation of the Red Cross and Doc- ple of the Democratic Socialist Republic of fered as a result of the earthquake of Janu- tors without Borders. These nations Sri Lanka in the years ahead. ary 13, 2001; and groups have set up field hospitals SEC. 2. The Secretary of the Senate shall (2) expresses its support for the people of and shipped in medical supplies to tend transmit a copy of this resolution to the El Salvador as they continue their efforts to President with the request that the Presi- rebuild their cities and their lives; to the needs of tens of thousands of dent further transmit such copy to the Gov- (3) expresses support for disaster assistance wounded. ernment of the Democratic Socialist Repub- being provided by the United States Agency Many other countries have offered lic of Sri Lanka. for International Development and other re- cash donations, food, tents, blankets, f lief agencies; or other humanitarian assistance. Of (4) recognizes the important role that is these donor countries I would like to EXPRESSING SYMPATHY FOR THE being played by the United States and other single out Pakistan for particular com- VICTIMS OF THE DEVASTATING countries in providing assistance to alleviate mendation: in light of recent tensions, EARTHQUAKE IN EL SALVADOR the suffering of the people of El Salvador; and of Pakistan’s own losses in the and Mr. NICKLES. Mr. President, I ask (5) encourages a continued commitment by earthquake—at least a dozen dead, unanimous consent that the Senate the United States and other countries to the with a full reckoning not yet made— proceed to the consideration of Cal- long-term, sustainable development of El the shipment of relief supplies was an endar No. 11, S. Res. 18. Salvador. important gesture of peace.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.117 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1235 The United States, for logistical rea- injuring countless others, and crippling most Mr. NICKLES. Mr. President, I ask sons, has concentrated its efforts on of the region; unanimous consent that the amend- providing potable water, shelter, and Whereas the earthquake of January 26, ment be agreed to. food to those rendered homeless by the 2001, has left thousands of buildings in ruin, The PRESIDING OFFICER. Without caused widespread fires, and destroyed infra- quake. USAID has already made sev- structure; objection, it is so ordered. eral airlifts of vital material, and more Whereas the people of India and people of The amendment (No. 11) was agreed aid is in the pipeline. Indian origin have displayed strength, cour- to. When a disaster occurs at such a age, and determination in the aftermath of Mr. NICKLES. Mr. President, I ask great geographical remove, US assets the earthquake; unanimous consent that the resolution might not always be the first to arrive Whereas the people of the United States be agreed to, as amended, and the moon the spot. But once the US gears up and India have developed a strong friendship tion to reconsider be laid upon the for a challenge, it is equal to any task. based on mutual interests and respect; table. Whereas India has asked the World Bank The job of the world community now is for $1,700,000,000 in economic assistance to The PRESIDING OFFICER. Without to make sure that the earthquake does start rebuilding from the earthquake; objection, it is so ordered. not claim more victims after the last Whereas the United States has offered The concurrent resolution (H. Con. tremors have ceased. technical and monetary assistance through Res. 14), as amended, was agreed to. The basic human-needs infrastruc- the United States Agency for International ture of Gujarat has, in many areas, Development (USAID); and f been entirely wiped out: hundreds of Whereas offers of assistance have also thousands of people will be effected, to come from the Governments of Turkey, EXECUTIVE SESSION Switzerland, Taiwan, Russia, Germany, one degree or another. In a situation China, Canada, and others, as well as count- like this, diseases like cholera or dys- less nongovernmental organizations: Now, entery—easily preventable, with proper therefore, be it EXECUTIVE CALENDAR medical and nutritional facilities—can Resolved by the Senate (the House of Rep- Mr. NICKLES. Mr. President, I ask spread like wildfire. Simply insuring resentatives concurring), That Congress— unanimous consent that the Senate that the dispossessed people have ac- (1) expresses its deepest sympathies to the proceed to executive session to con- cess to food, shelter, and clean water citizens of the state of Gujarat and to all of sider the following nominations on the India for the tragic losses suffered as a result can save countless lives. Executive Calendar: No. 15 and all the We Americans are a compassionate of the earthquake of January 26, 2001; (2) expresses its support for— nominations on the Secretary’s desk in people. But from the stark figures of (A) the people of India as they continue the Foreign Service. I further ask relief provided and pledged, the extent their efforts to rebuild their cities and their unanimous consent that the nomina- of our compassion may not be clear. In lives; tions be confirmed, the motions to re- the crucial first days following the dis- (B) the efforts of the World Bank; consider be laid upon the table, any aster—when a dozen other countries (C) continuing and substantially increasing statements relating to the nominations the amount of disaster assistance being pro- were actively engaged in rescue and be printed in the RECORD, the President vided by the United States Agency for Inter- medical support—our financial pledge be immediately notified of the Senate’s was one-third that of Great Britain, a national Development (USAID) and other relief agencies; and action, and the Senate then return to million dollars lower than that of Ger- (D) providing future economic assistance legislative session. many, and a sum less than than the in order to help rebuild Gujarat; and The PRESIDING OFFICER. Without combined pledges of Holland and Italy. (3) recognizes and encourages the impor- objection, it is so ordered. Our contribution has since risen, and tant assistance that also could be provided The nominations were considered and I am told that it will continue to rise by other nations to alleviate the suffering of confirmed as follows: the people of India. in the days and weeks to come. I cer- DEPARTMENT OF STATE tainly hope that it does. And when the f Paul Henry O’Neill, of Pennsylvania, to be time comes to fund the reconstruction PERMITTING USE OF THE United States Governor of the International of Western India’s basic infrastructure ROTUNDA Monetary Fund for a term of five years; a task that will require more than $1 United States Governor of the International billion in loans from international fi- Mr. NICKLES. Mr. President, I ask Bank for Reconstruction and Development nancial organizations I hope that we unanimous consent that the Rules for a term of five years; United States gov- will demonstrate the full extent of our Committee be discharged from further ernor of the Inter-American Development country’s compassionate nature. consideration of H. Con. Res. 14 and the Bank for a term of five years; United States Today, as India works to save the Senate then proceed to its immediate Governor of the Inter-American Develop- consideration. ment Bank for a term of five years; United lives of its citizens and mourns the States Governor of the African Development lives of those who could not be saved, The PRESIDING OFFICER. Without objection, it is so ordered. The clerk Bank for a term of five years; United States our thoughts and prayers are with the Governor of the Asian Development Bank; people of Gujarat. I hope that the will report the resolution by title. United States Governor of the African Devel- United States will accelerate its efforts The legislative clerk read as follows: opment Fund; United States Governor of the to put these thoughts and prayers into A concurrent resolution (H. Con. Res. 14) European Bank for Reconstruction and De- generous, concrete action. permitting the use of the Rotunda of the velopment. Capitol for a ceremony as part of the com- Mr. NICKLES. Mr. President, I ask NOMINATIONS PLACED ON THE SECRETARY’S memoration of the days of remembrance of DESK unanimous consent that the resolution victims of the Holocaust. be agreed to, the preamble be agreed FOREIGN SERVICE There being no objection, the Senate to, the motion to reconsider be laid PN109 Foreign Service nominations (7) be- proceeded to consider the resolution. upon the table, and any statements re- ginning James D. Grueff, and ending Ralph lating to the concurrent resolution be AMENDMENT NO. 11 Iwamoto, Jr., which nominations were received by the Senate and appeared in the printed in the RECORD. (Purpose: To change the date) The PRESIDING OFFICER. Without Congressional Record of February 1, 2001. Mr. NICKLES. Mr. President, there is PN110 Foreign Service nominations (23) be- objection, it is so ordered. an amendment at the desk, and I ask ginning An Thanh Le, and ending Army The concurrent resolution (S. Con. for its immediate consideration. Wing Schedlbauer, which nominations were Res. 6) was agreed to. The PRESIDING OFFICER. The received by the Senate and appeared in the The preamble was agreed to. clerk will report. Congressional Record of February 1, 2001. The concurrent resolution, with its The legislative clerk read as follows: preamble, reads as follows: f The Senator from Oklahoma [Mr. NICK- S. CON. RES. 6 LES], for Mr. MCCONNELL, proposes an LEGISLATIVE SESSION Whereas on the morning of January 26, amendment numbered 11. 2001, a devastating and deadly earthquake The first section of the resolution is THE PRESIDING OFFICER. Under shook the state of Gujarat in western India, amended by striking ‘‘April 18, 2001’’ and in- the previous order, the Senate will now killing untold tens of thousands of people, serting ‘‘April 19, 2001’’. return to legislative session.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.121 pfrm02 PsN: S08PT1 S1236 CONGRESSIONAL RECORD — SENATE February 8, 2001 APPOINTMENT ORDER FOR ADJOURNMENT Secretary Rumsfeld will be able to im- The PRESIDING OFFICER. The Mr. NICKLES. Mr. President, if there pose some order and discipline on the Chair announces, on behalf of the Ma- is no further business to come before Pentagon budget process. That is prob- jority Leader, pursuant to Public Law the Senate, I now ask unanimous con- ably going to be a pretty big order—a 105–83, his appointment of the following sent that the Senate stand in adjourn- pretty big order to impose some order Senators to serve as members of the ment under the previous order fol- and discipline on the Pentagon budget National Council on the Arts: The Sen- lowing the remarks of Senator BYRD process. ator from Ohio (Mr. DEWINE), and the and Senator HARKIN. Clearly, it is necessary to focus on Senator from Alabama (Mr. SESSIONS). The PRESIDING OFFICER. Without defense, readiness, and national secu- objection, it is so ordered. rity. The United States cannot afford f The PRESIDING OFFICER (Mr. to lose sight of the fact that a strong SMITH of Oregon). The Senator from defense is the key to national security. ORDERS FOR MONDAY, FEBRUARY West Virginia. We must never risk complacency in a 12, AND TUESDAY, FEBRUARY 13, Mr. BYRD. Mr. President, I thank world that encompasses the likes of 2001 the distinguished Senator from Okla- Saddam Hussein and Osama bin Laden; a world in which the proliferation of Mr. NICKLES. Mr. President, I ask homa, Mr. NICKLES, for his courtesy. nuclear, chemical, and biological weap- unanimous consent that when the Sen- Have a good day. ons represents a threat to our very ex- ate completes its business today, it ad- Mr. NICKLES. I thank the Senator. istence. journ until the hour of 10 a.m. on Mon- f day, February 12, for a pro forma ses- But before we consider how much sion only. No business will be trans- DEPARTMENT OF DEFENSE more money we need to spend on de- acted during Monday’s session. I fur- FINANCIAL MANAGEMENT fense, I believe we should take a close ther ask unanimous consent that the Mr. BYRD. Mr. President, the men look at how the Pentagon is managing Senate then immediately adjourn over and women who wear the uniform of the money and the assets it already until Tuesday, February 13, at 9:30 a.m. the United States Armed Forces have has. I further ask unanimous consent that great abilities, supreme dedication, Now, one of our colleagues, Senator immediately following the prayer, the and they deserve the highest level of GRASSLEY, has been very interested in Journal of proceedings be approved to support that this Nation can give this same subject. It was his intention date, the morning hour be deemed ex- them. to speak this afternoon, but other mat- pired, and the time for the two leaders But despite outstanding military ters have intervened, and he will speak be reserved for their use later in the troops, a number of challenges lie on this same subject one day next day, and the Senate then proceed to a ahead for the Department of Defense, week. period for morning business until 12:30 particularly in the area of allocating Just recently, the General Account- p.m., to be divided in the following monetary resources. One of the first ing Office gave us a good insight into fashion: Senator DASCHLE, or his des- budget challenges that President Bush the current situation with the release ignee, controlling the time between and Secretary Rumsfeld will face is of a status report on the Defense De- 9:30 a.m. and 11 a.m., and Senator MUR- how to improve military readiness. By partment’s management of key pro- KOWSKI, or his designee, controlling the now, we are all familiar with the myr- grams and assets. The conclusions are time between 11 a.m. and 12:30 p.m. iad problems confronting our military disturbing. In six key areas—financial The PRESIDING OFFICER. Without forces today—recruitment and reten- management, information technology, objection, it is so ordered. tion problems, crushing deployment acquisitions, contracts, support infra- Mr. NICKLES. Mr. President, I fur- burdens, aging ships and tanks and air- structure, and logistics—the GAO ther ask unanimous consent that the craft, a scarcity of spare parts—even a found Defense Department manage- Senate stand in recess between the scarcity of ammunition according to ment practices to be vulnerable to hours of 12:30 p.m. and 2:15 p.m. in yesterday morning’s Washington waste, fraud, abuse, and mismanage- order for the weekly party conferences Post—substandard housing and out- ment. Together, these deficiencies rep- to meet. dated facilities—and the list can go on resent a tremendous drain on the abil- The PRESIDING OFFICER. Without and on. ity of the Defense Department to oper- objection, it is so ordered. All of these factors affect readiness. ate efficiently, effectively, and safely. Mr. NICKLES. Mr. President, I fur- All of these deficiencies will require The GAO report put it starkly. Here ther ask unanimous consent that when money to correct. Already, representa- is what it said: If these problems are the Senate reconvenes at 2:15 p.m., tives of the Joint Chiefs are lobbying not addressed, the report stated, ‘‘inef- there be an additional hour for morn- the Senate Armed Services Committee ficiencies will continue to make the ing business with 2:15 p.m. to 2:45 p.m. for a supplemental appropriations bill cost of carrying out assigned missions under the control of Senator DURBIN, to increase the current defense budget unnecessarily high and, more impor- or his designee, and 2:45 p.m. to 3:15 by perhaps as much as $10 billion. Pre- tant, increase the risks associated with p.m. under the control of Senator sumably, the Services will get around those missions. Each dollar that is THOMAS, or his designee. to making their wishes known to the spent inefficiently,’’ said the report, The PRESIDING OFFICER. Without Appropriations Committee as well, ‘‘is a dollar that is unavailable to meet objection, it is so ordered. since it is that committee that actu- other internal Department priorities ally has the responsibility over the such as weapon system modernization f supplemental appropriations. But re- and readiness.’’ gardless of the tactics employed, the What is most disturbing to me is PROGRAM supplemental is just the first sortie. that, in program after program, man- Mr. NICKLES. Mr. President, tomor- Beyond the current budget, we are agement procedures are so garbled that row the Senate will not be in session. bracing for the likelihood of requests the General Accounting Office cannot The Senate will next convene on Mon- for major leaps in defense funding— even estimate—cannot even estimate— day for a pro forma session only. The perhaps as much as $50 billion a year— the level of inefficiency. This is a crit- Senate will reconvene on Tuesday at just over the horizon. ical knowledge gap when one considers 9:30 a.m. and conduct morning business With that said, I was heartened to the fact that the Defense Department until 12:30 p.m. Following the weekly read President Bush’s comments in accounts for about 15 percent of the en- recess, and some additional morning Monday’s New York Times, in which he tire Federal budget, and roughly half of business, at 3:15 p.m. on Tuesday, it is called for a comprehensive review of all discretionary spending—roughly the majority leader’s intention to turn Pentagon priorities and strategies behalf of all discretionary spending. to any legislative and executive cal- fore seeking funding increases for mod- The Defense Department has a budg- endar items that may be cleared for ernization that make sense to me, it et of about $310 billion a year and as- consideration. seems. Hopefully, President Bush and sets estimated at $1 trillion. Clearly,

VerDate 08-FEB-2001 04:23 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A08FE6.075 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — SENATE S1237 keeping score when dealing with num- reporting costs in 1999. DOD was unable tory in spare parts, clothing, medical bers of that magnitude is a huge chal- to substantiate the $378 billion it re- supplies and other support items ex- lenge. But it is a challenge that must ported as total net operating cost in ceeds war reserve or current operating be faced. In an agency as vast as the 1999. requirements. At the time GAO re- Defense Department, which has ap- Given this lack of accountability, is viewed the accounts, DoD had $1.6 bil- proximately 3 million military and ci- it any wonder then that DOD is con- lion dollars worth of inventory on vilian employees, sloppy accounting stantly pressed for cash? order that was not needed to meet cur- and accountability procedures can have In the space of one year, from 1998 to rent requirements. GAO found that the enormous ramifications on personnel, 1999, the DOD recalculated its environ- Army had no way of knowing whether on readiness, and on national security. mental and cleanup requirements, in- shipped inventory had been lost or sto- Some of the details of the GAO re- creasing estimated environmental li- len, and the Navy, in a 1999 review, was port are shocking. For example, in the abilities from $34 billion to $80 billion. unable to account for more than $3 bil- area of financial operations—just plain Despite the increase, DOD still does lion worth of shipped inventory, in- old bookkeeping in lay terms—the Gen- not have a comprehensive inventory of cluding some classified and sensitive eral Accounting Office reported that all potential environmental and dis- items. the Defense Department does not know posal liabilities. The final bill could be And yet this bloated inventory is with any certainty how much money it billions of dollars more. being amassed at a time when the Pen- has available, and its books are in such So here is the question I have: If the tagon admits that it is experiencing disarray that it cannot pass a standard Department of Defense does not know readiness problems due to a lack of key financial audit. Now, how about that? what it has in terms of assets and li- spare parts. According to GAO, insuffi- How about that? Let me repeat that for abilities, how on Earth can it know cient quantities of spare parts is one of emphasis: The Defense Department, what it needs? the primary reasons that airlift and which is talking about needing an addi- Bookkeeping is only the tip of the aerial refueling aircraft are performing tional $50 billion dollars a year to meet iceberg. DOD’s logistics operations, below the Air Force’s mission capable readiness requirements, does not know particularly inventory control, are a standard rates. GAO also red-flagged the Pentagon’s with any certainty how much money it management nightmare. Unfortu- 100 billion dollar a year weapons sys- currently has available and cannot nately, this should come as no surprise tem acquisition program. The problems pass the test of receiving a clean audit to anybody. The DOD’s inventory con- are pervasive: questionable require- opinion on its financial statements. trol practices have been flagged as in- Now, take that home with you and adequate and high risk every year ments; unrealistic cost, schedule, and sleep on it. That is worth repeating. since the General Accounting Office performance estimates; questionable The Defense Department—this is not began assessing high-risk areas a dec- program affordability; and high-risk acquisition strategies. Simply put, in ROBERT BYRD saying this. I am just re- ade ago. its rush to acquire the next new thing, peating what the General Accounting I was on the floor a decade ago talk- DoD is riding roughshod over reality, Office, the arm of the Congress, re- ing about it, pointing out that the in- compressing systems acquisition deci- ported: The Defense Department does ventories were huge and talking about sions into unrealistic schedules and not know with any certainty how much the inventory control practices. It pursuing new weapons systems willy- money it has, and its books are in such seems to me one of the television net- nilly without adequate testing and disarray that it cannot pass a standard works was doing a piece on this several evaluation, regardless of costs or the financial audit. years ago. prospect of future funding, and despite The Defense Department, which is As a result, billions of taxpayer dol- a lack of reliable evidence that the sys- talking about needing an additional $50 lars are very probably being squan- tems can actually do what they are billion—they want $50 more for every dered. According to the General Ac- counting Office, the Defense Depart- supposed to do. minute since Jesus Christ was born; Was it a mere coincidence in timing ment continues to stockpile more than that is $50 billion—a year to meet read- or merely a matter of time that the it needs. I think that is what it was iness requirements. Yet the Defense GAO’s questioning of DoD acquisition doing 10 years ago when we had the tel- Department does not know with any strategies involving the V–22 Osprey evision networks looking into that. It certainty how much money it cur- aircraft collided with headlines report- rently has available. It would seem to seems to me that it was Lesley Stahl, ing allegations that a Marine Corps of- me that before Congress appropriates as I recall—my memory may be play- ficer engineered the falsification of $50 billion more, we ought to know how ing tricks on me, but I believe it was maintenance records to cover up prob- much money the Defense Department Lesley Stahl at that time—who was lems with the Osprey? has available. doing this, who went to where some of In its report, GAO noted that the It cannot pass the test of receiving a these inventories were stored and was Navy was moving toward a full-rate clean audit opinion on its financial doing a piece on that. Here we are 10 production decision on the Osprey air- statements; that, despite the fact the years later—same old problem. craft program without having ‘‘an ap- Chief Financial Officers’ Act of 1990 re- As a result, billions of taxpayer dol- propriate level of confidence that the quires the Department of Defense to lars are very probably being squan- program would meet design parameters prepare annual audited financial state- dered. According to the General Ac- as well as cost and schedule objec- ments. So the Defense Department is counting Office, the Defense Depart- tives.’’ Subsequently, GAO cited evi- not living up to the law, is it? The ment continues to stockpile more than dence that Navy and Marine Corps offi- Chief Financial Officers’ Act of 1990 re- it needs. The television network at cials, in an apparent effort to cut costs quires DOD to prepare annual audited that time—the particular channel, I and stay on schedule, deleted or de- financial statements. That was 1990. don’t remember—was saying the same ferred tests on the Osprey that could Yet 10 years, 10 long years after the en- thing, bringing out the same thing. In have revealed crucial information on actment of that law, DOD has yet to the Baptist Church, we have a song: system performance. produce financial statements that can ‘‘Tell me the old, old story.’’ Well, this The allegations of doctored records, be certified as complying with gen- is the old, old story. as well as two crashes in the past year erally accepted accounting principles. According to GAO, the Defense De- that killed 23 Marines, have resulted in Examples of DOD’s financial manage- partment continues to stockpile more the Osprey being grounded, the produc- ment weaknesses abound. For instance, than it needs, purchases items it does tion decision deferred, and numerous the GAO found that the Defense De- not need while at the same time main- investigations launched. But the dam- partment could not reconcile a $7 bil- taining insufficient quantities of key age has been done. lion difference between its available spare parts, and is unable to keep track Mr. President, the problems emerg- fund balances and the Treasury’s. GAO of material being shipped to and from ing from DoD’s acquisition decisions also discovered that the Department of military activities. The General Ac- for the Osprey are alarming enough. Defense was unable to substantiate the counting Office discovered that about Even more alarming is the chronic na- $378 billion it had reported as total net half of DoD’s $64 billion dollar inven- ture of these problems. The Osprey is

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\G08FE6.128 pfrm02 PsN: S08PT1 S1238 CONGRESSIONAL RECORD — SENATE February 8, 2001 only the most recent questionable ac- in its future budgets, the Congress will ica put a lot of men and women on the quisition strategy to dominate the lack the accurate and realistic infor- ground in the desert in the Middle East news. As GAO noted, ‘‘After having mation it needs to properly exercise its and a lot of money on the barrel head. performed hundreds of reviews of major decision-making and oversight.’’ That That can happen again. Saddam Hus- weapon systems over the last 20 years, summation goes to the heart of the sein is probably one of the most dan- we have seen many of the same prob- matter. Congress cannot make reason- gerous men in the world. There is no lems recur cost increases, schedule able decisions on future budget needs doubt about it. We don’t know what he delays and performance shortfalls. The for the Department of Defense until is doing by way of developing chemical, problems have proven resistant to re- DoD can offer a reliable budget basis biological, and other weapons. He may form in part because underlying incen- on which to proceed. threaten a neighboring state at any tives have not changed.’’ The Defense Department has been be- moment, and then watch those projec- It appears, from the data that GAO sieged by financial and related man- tions, those budget surpluses, vanish. has gathered, that the Defense Depart- agement problems for years. We all un- We can anticipate trouble from him, ment has fallen into the trap of mak- derstand that there is no quick fix. But and we must be ready for trouble from ing budget and management decisions we should also understand the mag- other hot spots on the globe. on the basis of wishful thinking, not nitude of the problem, and the impact So we must invest in readiness. But facts. ‘‘Overly optimistic planning as- that it has on readiness and the impact we must also invest in accountability. sumptions’’ is the way GAO framed it. it will have on congressional con- The United States cannot afford to As a result, DoD has more programs fidence, the impact it will have on con- allow performance and accountability than money. gressional appropriations, the impact problems at the Defense Department to For example, GAO found that al- it will have on the taxpayer. sap the strength of our investment in though the Defense Department GAO is performing a valuable na- readiness. planned to increase funding for its $11 tional service by identifying high-risk Mr. President, I yield the floor and billion dollar Defense Health Program management problems at the Defense suggest the absence of a quorum. by $615 million dollars between 2001 and Department, but Congress needs to do The PRESIDING OFFICER. The 2005, DoD officials admitted that the more than express dismay at the an- clerk will call the roll. program actually needed an extra $6 nual reports. It may cost money to The legislative clerk proceeded to billion dollars during that time. That, modernize the Pentagon’s financial call the roll. Mr. President, is a $6 billion dollar un- systems, but it would be money well Mr. BYRD. Mr. President, I ask unan- derstatement of need. Defense Depart- spent, and could well pay for itself in a imous consent that the order for the ment officials admitted to GAO that short period of time. quorum call be rescinded. they underfund the health program in Mr. President, I raised the issue of The PRESIDING OFFICER. Without outyears to free up current funds for DoD’s financial management woes with objection, it is so ordered. other defense programs. ‘‘Overly opti- Secretary of Defense Rumsfeld at his mistic’’ in my opinion is an overly nomination hearing before the Senate f charitable way of characterizing that Armed Services Committee. To his kind of deceptive budgeting. ADJOURNMENT UNTIL 10 A.M., credit, Secretary Rumsfeld did not at- The General Accounting Office is not MONDAY, FEBRUARY 12 tempt to gloss over the difficulties fac- the only entity that has pointed out The PRESIDING OFFICER. Under the flaws in DoD financial management ing the Defense Department in improving its financial management systems. the previous order, the Senate stands practices. According to the Defense De- adjourned until the hour of 10 a.m. on partment’s own Inspector General’s He pledged to tackle the problem, but Monday, February 12, 2001, for a pro audit, the department’s books are rid- he said that it would probably take forma session. dled with holes. The Inspector General outside help to find a solution, and Thereupon, the Senate, at 4:22 p.m., found that 30 percent of all entries that it could take a period of years to adjourned until Monday, February 12, were made to force financial data to sort it out. 2001, at 10 a.m. agree with various sources of financial I urge Secretary Rumsfeld and Presi- dent Bush to make financial and per- data without adequate research and f reconciliation, were made to force formance accountability in the Defense buyer and seller data to agree in prepa- Department a top priority, and to work CONFIRMATION with the appropriate congressional ration for eliminating entries, did not Executive nomination confirmed by committees to slay this particular contain adequate documentation and the Senate February 8, 2001: audit trails, or did not follow account- dragon once and for all. DEPARTMENT OF STATE ing principles. As I said at the beginning of my statement, Senator GRASSLEY will have PAUL HENRY O’NEILL, OF PENNSYLVANIA, TO BE Something is wrong with this pic- UNITED STATES GOVERNOR OF THE INTERNATIONAL ture. At a time when the Defense De- something to say on this matter next MONETARY FUND FOR A TERM OF FIVE YEARS; UNITED partment is scrambling to make ends week. He has devoted much time and STATES GOVERNOR OF THE INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT FOR A TERM OF meet, there is no excuse to invite thought to the problem. I am sure his FIVE YEARS; UNITED STATES GOVERNOR OF THE INTER- waste, fraud, abuse, and mismanage- concerns will continue. I look forward AMERICAN DEVELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED STATES GOVERNOR OF THE AFRICAN DE- ment into the mix year after year after to working with him and others on the VELOPMENT BANK FOR A TERM OF FIVE YEARS; UNITED year. These are not merely administra- committee to try to be of assistance to STATES GOVERNOR OF THE ASIAN DEVELOPMENT BANK; UNITED STATES GOVERNOR OF THE AFRICAN DEVELOP- tive headaches. Like a steady trickle of the Department in cleaning up its act. MENT FUND; UNITED STATES GOVERNOR OF THE EURO- water can wear away the mightiest The United States has real national PEAN BANK FOR RECONSTRUCTION AND DEVELOPMENT. foundation, inefficient management security problems to confront. We can FOREIGN SERVICE and sloppy bookkeeping can undermine anticipate trouble from Saddam Hus- FOREIGN SERVICE NOMINATIONS BEGINNING JAMES D. sein. Talk about all of these surpluses GRUEFF, AND ENDING RALPH IWAMOTO JR., WHICH the ability of America’s men and NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- women in uniform to carry out their that have been projected now for years PEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY away from the present day. Who knows 1, 2001. responsibilities efficiently, effectively, FOREIGN SERVICE NOMINATIONS BEGINNING AN and safely. what Saddam Hussein may do over- THANH LE, AND ENDING AMY WING SCHEDLBAUER, GAO concluded that, ‘‘Until DoD pre- night? Remember when he went into WHICH NOMINATIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON sents realistic assumptions and plans Kuwait? The world was shocked. Amer- FEBRUARY 1, 2001.

VerDate 08-FEB-2001 03:22 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00072 Fmt 0624 Sfmt 9801 E:\CR\FM\G08FE6.133 pfrm02 PsN: S08PT1 February 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E141 EXTENSIONS OF REMARKS

CENTRAL NEW JERSEY RECOG- number of years, it has dedicated this special The other main goal of this legislation is to NIZES THE NEW JERSEY CHI- day to pay homage to those notable men and address the issue of interoperability in the NESE CULTURAL STUDIES FOUN- women who have contributed so richly to our manufacturing supply chain. Adoption of e- DATION lives. Past honorees have been writers Gwen- commerce business practices within a supply dolyn Brooks, Paule Marshall, Chinua Achebe, chain is hindered by a lack of interoperability HON. RUSH D. HOLT and James Baldwin. This year Heart’s Day between software, hardware, and networks in exchanging product data and other key busi- OF NEW JERSEY celebrates the work of one of the most provoc- ative and most influential writers of the twen- ness information. The National Institute of IN THE HOUSE OF REPRESENTATIVES tieth century—Amiri Baraka. As the leading Standards and Technology has supported the Thursday, February 8, 2001 voice of the Black Arts Movement, Baraka first phase of an interoperability program in the Mr. HOLT. Mr. Speaker, I wish to rise today played a central role in helping to shape the auto industry called STEP. In my home state in recognition of the New Jersey Chinese Cul- parameters of a new cultural and intellectual of Michigan, STEP proved to be a highly suc- tural Studies Foundation (NJCCSF) and its on- rebirth. Through his brilliant essays, plays, po- cessful and was strongly supported by the going dedication to promoting awareness of etry collections, and novels, he drove America auto industry and manufacturers in their sup- Chinese culture. I applaud the achievements to contemplate its deeper psyche. At the same ply chain. These provisions authorize NIST to this organization has made in helping many of time, he explored a world of rich redemptive perform an assessment to identify critical en- central New Jersey’s students pursue the black culture through such studies as Blues terprise integration standards and implementation activities for major manufacturing indus- study of Chinese language, history, and cul- People (1963) and Black Music (1968). The tries and to report to Congress on the appro- ture. Heart’s Day tradition was inaugurated to sup- priate role for the government to work in part- For the past two years, NJCCSF has been port the Department’s effort to complete funding for the Sterling A. Brown Endowed Chair. nerships with industry. committed to promoting the study of Chinese This bipartisan legislation represents sound Professor Brown established the first formal culture by providing scholarships, awards, and and reasonable policy and builds upon the financial aid to qualified New Jersey residents study of African American literature in the proven track record of the Manufacturing Ex- under the age of 25. Since its 1999 founding academy. We salute Howard University and tension Partnership program and the National by the Overseas Hong Kong Association applaud them to continue to honor literary Institute of Standards and Technology. I urge (U.S.A.), the NJCCSF has sponsored numer- achievers. my colleagues to support this important legis- ous non-profit and non-political events and ac- f lation. tivities geared toward fulfillment of its mission f to preserve Chinese cultural heritage. INTRODUCTION OF THE ELEC- Successfully promoting Chinese culture TRONIC COMMERCE ENHANCE- INTRODUCTION OF NORTHERN within such a large and widespread commu- MENT ACT FRONT RANGE ROADLESS AREA nity requires the dedication and skill of tal- PROTECTION ACT ented volunteers and the generosity of com- HON. JAMES A. BARCIA mitted donors. The NJCCSF has certainly OF MICHIGAN HON. MARK UDALL demonstrated its steadfast commitment to the IN THE HOUSE OF REPRESENTATIVES OF COLORADO cause of promoting Chinese cultural education Thursday, February 8, 2001 IN THE HOUSE OF REPRESENTATIVES through its provision of funds to a great num- Thursday, February 8, 2001 ber of university students throughout the state. Mr. BARCIA. Mr. Speaker, today, we are in- Mr. UDALL of Colorado. Mr. Speaker, Colo- The NJCCSF has played an important role troducing the Electronic Commerce Enhance- rado’s national forests are among the things in helping to develop social, economic, and ment Act. This bill represents a bipartisan ef- that make our state a very special place to cultural ties among Hong Kong immigrants. It fort to assist small- and medium-sized busi- live. But as our population increases, so do is often described as a ‘‘home away from nesses move their operations into a comprehensive e-commerce environment. The the pressures on our forests. home’’ for its members and their families. It That is why I strongly supported last goals of this legislation are twofold: (1) To as- established the NJCCSF with the for the pur- month’s adoption of new Forest Service rules sist small- and medium-sized manufacturers pose of more effectively promoting Chinese for managing roadless parts of the national move into an e-commerce environment; and cultural awareness. forests—areas that, in the words of the final (2) improve the interoperability of the elec- Once again, I applaud the efforts of the New environmental impact statement on the new tronic transfer of technical information in the Jersey Chinese Cultural Studies Foundation rules, ‘‘possess social and ecological values manufacturing supply chain. and ask my colleagues to join me in recog- and characteristics that are becoming scarce This bill is the same text as H.R. 4429 the nizing its unwavering dedication to serving our in an increasingly developed landscape.’’ community. Electronic Commerce Enhancement Act, re- I think those new rules are both timely and f ported by the Science Committee and passed welcome. They make good sense as a way to unanimously by the House in the 106th Con- protect natural resources, provide more di- RECOGNITION OF THE DEPART- gress. The Electronic Commerce Enhance- verse recreational opportunities and preserve MENT OF ENGLISH AT HOWARD ment Act addresses real problems that small- some of the undisturbed landscapes that are UNIVERSITY and medium-sized businesses are still facing such a special part of Colorado and other today. That is why I and Chairman BOEHLERT Western states. HON. EDDIE BERNICE JOHNSON have decided to re-introduce this legislation. This week, Secretary of Agriculture Ann OF TEXAS One of the purposes of this legislation is to Veneman acted to delay the effective date of IN THE HOUSE OF REPRESENTATIVES provide American small businesses with the those new rules, so that they will take full ef- information and knowledge they need to make Thursday, February 8, 2001 fect in May instead of next month. According smart decisions on e-commerce related pur- to the formal notice, the delay is intended to Ms. EDDIE BERNICE JOHNSON of Texas. chases and services. This bill authorizes the give the current Administration an opportunity Mr. Speaker, today I rise to pay tribute to the Manufacturing Extension Partnership program to give the rules further review and consider- great work of the Department of English at (MEP) to establish an electronic commerce ation. Howard University. On February 15, 2001, the pilot program at MEP Centers. This pilot pro- I understand why the new Administration Department of English at Howard University is gram will allow MEP Centers to provide small would want to review these new rules. But I sponsoring its eighth annual Heart’s Day Trib- manufacturers with the information they need hope that their action in delaying implementa- ute, a day on which the Department annually to make informed purchases of e-commerce tion does not signal an intent to weaken or commemorates its intellectual traditions. For a products and services. abandon this important initiative.

∑ 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 03:33 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.000 pfrm08 PsN: E08PT1 E142 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2001 I am confident that a full and fair review will THE FOREST, ROADLESS AREAS, AND THE BILL Before joining Governor Pataki’s staff, Zenia show that the new rules, developed through The Forest: The Arapaho-Roosevelt Na- served for 14 years on the staff of U.S. Sen- an extensive public process, reflect the high- tional Forest includes more than 1.5 million ator Alfonse D’Amato, first as a staff aid and, est standards of science-based public policy. acres along Colorado’s northern Front during his last six years of service, as Com- I also think a fair review will show the rules Range. It surrounds Rocky Mountain Na- munications Director. tional Park and contains a number of des- are needed to protect the roadless areas— ignated wilderness areas. It contains a wide My own friendship with Zenia stretches back areas that are valuable for wildlife, support range of ecosystems and topography includ- to her early days with Senator D’Amato. Like ecosystem health and the full range of native ing level grasslands and peaks rising over so many others, not only was I impressed by species, serve as important sources of clean 14,000 feet. It includes the rugged part of the her knowledge and ability, but on countless water, and provide a bulwark against the Continental Divide seen from the Denver- occasions, benefited as well from her advice spread of invasive species such as many of Boulder metro area. Because of its proximity and counsel. the weeds that plague Colorado’s ranchers. to 2.5 million people, it is heavily used by In a recent column in the New York Post, the public, and provides vital watersheds. writer Cindy Adams captured Zenia’s person- Meanwhile, there have been some press re- Roadless Areas: The Forest Service’s 1997 ports suggesting that Congress might be Revision of the management plan for the ality as well as I have ever seen in print. asked to overturn the rules through legislation. Arapaho-Roosevelt National Forest identi- ‘‘She’s sassy. She’s brassy. She’s tough. She I hope those reports are wrong. I do not fied lands that qualify as roadless. The Clin- tells it like it is. She’s loyal as hell. She’s bril- think that is what we in Congress should be ton Administration developed new rules re- liant.’’ doing. In fact, I think we should move to stricting certain activities in national forest Mr. Speaker, I know how deeply Zenia’s strengthen, not weaken, the protection of the roadless areas in order to protect their leadership and ability will be missed in New roadless parts of our forests. roadless character and other natural re- York’s Capitol, and I ask that this House of source values. The Bush Administration has That is why I am today introducing a bill that Representatives join me in thanking Zenia acted to postpone implementation of these Mucha for her leadership and service to New would provide additional legal protections to rules in order to review their provisions. The roadless lands in the portion of the Arapaho- bill would provide statutory interim protec- York state, and that this Congress join me in Roosevelt National Forest within Colorado’s tion to maintain the roadless quality of extending its sincerest best wishes for her Second Congressional District. some Arapaho-Roosevelt roadless areas until continued success. My bill, the ‘‘Northern Front Range Roadless Congress decides on their ultimate status. f What the bill does Area Protection Act,’’ would require the Forest PAYROLL TAX CREDIT Service to manage over 80,000 acres on the Acreage Affected: The bill would apply to Arapaho-Roosevelt National Forest as ‘‘pro- over 80,000 acres in 12 areas within the Sec- tected roadless areas.’’ These lands—all with- ond Congressional District (Boulder and HON. THOMAS M. BARRETT Clear Creek Counties) that were identified as in the Congressional District I represent—are OF WISCONSIN roadless in the 1997 forest plan. The bill IN THE HOUSE OF REPRESENTATIVES areas that the Forest Service identified as would designate these areas as ‘‘protected roadless in its 1997 Revision of the Land and roadless areas.’’ Thursday, February 8, 2001 Resource Management Plan for the Arapaho- Management: The bill would require the Mr. BARRETT of Wisconsin. Mr. Speaker, it Roosevelt, and will be covered by the new Forest Service to manage these lands in ac- is with great pleasure that I introduced legisla- roadless-area rules when those rules take ef- cordance with the ‘‘recommended for wilderness’’ directive in the 1997 forest plan. This tion yesterday to provide much needed tax re- fect. Further, most if not all of these areas lief to America’s working men and women. Un- would be appropriate additions to existing wil- would: (a) prohibit timber harvesting; (b) prohibit motorized vehicles; (c) allow the lo- like other proposals currently under consider- derness areas. cation of ‘‘hard rock’’ minerals (gold, silver, ation, my bill would offer fair, across-the-board The Arapaho-Roosevelt National Forest is etc.); (d) prohibit oil and gas leasing. tax relief while providing a stimulus to the within a few minutes’ drive for more than 2.5 Grazing: The bill would specifically allow economy, without risking a return to the budg- million people in the Front Range Denver- grazing to continue under existing laws. et deficits of the 1980’s and 90’s. Boulder metro area. It is experiencing increas- Report: The bill would require the Forest Service to report to Congress in 3 years with In this period of substantial budget suring use of all kinds, especially recreational pluses, most of us agree that Americans de- use. So, at least with respect to some of its their recommendations as to whether these lands should become wilderness areas or serve a break in their taxes, but we are di- most valuable lands, I want to undergird the other land management status. vided on the best way to accomplish this. new Forest Service rules with a statutory re- What the bill would not do: Designate New President Bush has proposed a $2 trillion quirement to protect the special qualities of Wilderness Areas: The bill does not designate package of tax cuts, the centerpiece of which these areas. any wilderness areas. is a reduction in income tax rates. Unfortu- Under the bill, these roadless areas would Apply Forest-wide: The bill does not apply nately, this proposal is flawed in two important to the whole Arapaho-Roosevelt National be managed under the ‘‘recommended for wil- ways: first, it relies on almost all of the Con- derness’’ management category in the existing Forest only to specified roadless areas within the Second Congressional District. gressional Budget Office’s recent forecast of Forest Plan until Congress decides otherwise. Address James Peak: The bill does not in- an on-budget surplus of $2.7 trillion over ten The bill would also require the Forest Service clude the James Peak Roadless Area. years, an amount that is by no means guaran- to study and evaluate these areas and make f teed. Second, the great majority of the tax re- recommendations to Congress regarding their lief would go to the wealthiest Americans. future management. That report would be sub- HONORING ZENIA MUCHA’S SERV- The Bush proposal is not the only way to mitted within three years. The bill will thus ICE TO THE STATE OF NEW implement an across-the-board tax cut. The allow the Congress the opportunity to ulti- YORK legislation I have introduced would provide tax mately resolve the status of these roadless relief to all working Americans in the form of lands. HON. THOMAS M. REYNOLDS a tax credit based on the amount paid in So- Mr. Speaker, this bill is limited in scope and cial Security and Medicare payroll taxes, up to deals only with some of the lands in Colorado OF NEW YORK IN THE HOUSE OF REPRESENTATIVES $300 per individual and $600 per couple filing that need legislative protection. More will need jointly. At a cost of approximately $40 billion to be done to respond to the pressures of Thursday, February 8, 2001 per year, this credit would mean tax relief for growth on our national forests and other public Mr. REYNOLDS. Mr. Speaker, I wish today each and every American who pays into So- lands. But I think it represents an important to honor an outstanding public servant, a faith- cial Security and Medicare, but would not tie first step, and I will seek to work with col- ful adviser and a trusted friend. up the entire expected surplus. If for some leagues on both sides of the aisle to have it For the past six years, Zenia Mucha has reason the surplus does not meet current pro- enacted into law. served as Communications Director and Sen- jections a few years down the road, we will NORTHERN FRONT RANGE ROADLESS AREA ior Adviser to New York State Governor not face a sudden deficit. In addition, there will PROTECTION ACT George Pataki. On Monday, February 12, be enough left over for other top priorities SUMMARY friends and co-workers will gather at the Gov- such as creating a prescription drug benefit The bill would give interim protection to ernor’s Mansion in Albany, New York, to bid under Medicare and improving America’s over 80,000 acres of roadless areas on the her a fond farewell as she begins her new du- schools. Arapaho-Roosevelt National Forests in Colo- ties as Senior Vice President for Communica- Importantly, this proposal will benefit the rado’s 2d Congressional District tions with the ABC Broadcast Group. three-quarters of Americans who pay more in

VerDate 112000 03:33 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.004 pfrm08 PsN: E08PT1 February 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E143 payroll taxes than in income tax. Unlike the TRIBUTE TO DIANA S. CLARK I learned from Alan that the enactment of Bush proposal, in which the top five percent of good legislation could not be accomplished Americans would receive fifty percent of the HON. EDDIE BERNICE JOHNSON without attracting good people to our party. He tax cut, my bill will offer everyone who cur- OF TEXAS was a visionary in knowing how to help build rently pays into Social Security and Medicare IN THE HOUSE OF REPRESENTATIVES a party to lead California, but he also worked a credit of up to $300, even if they owe no in- Thursday, February 8, 2001 hard on the everyday nuts and bolts decisions come tax. The worker at the bottom of the in- that would make it happen. He brought the come scale will receive the same dollar credit Ms. EDDIE BERNICE JOHNSON of Texas. same skills to the U.S. Senate in 1968. He as the highest-paid CEO. Of course, $300 Mr. Speaker, today I rise to pay tribute to was a visionary in shaping the debate on means much more to someone making the Diana S. Clark, former President of the Dallas great issues—the Vietnam War, nuclear pro- minimum wage. chapter of the League of Women Voters, the liferation, the rights of the disabled, medical Texas League of Women Voters and recipient Much has been said recently about the care for veterans—and he served as the Ma- of the Myrtle Bales Bulkley Award for her need for an across-the-board tax cut to stimu- jority Whip for fourteen years. He was a con- years of exceptional service. Mrs. Clark late the economy. Experts agree that the best summate vote counter and leadership strate- passed away on January 16, 2001 at the age way to do this is to put more money imme- gist, and he had a hand in crafting and moving of 71. some of the most important legislation enacted diately in the hands of those who will pump it Although not a native Texan, Mrs. Clark pro- while he served. back into the economy. A $2 trillion tax cut for vided meaningful and significant service to the wealthy that provides only $21 billion in re- Lance Murrow once said, ‘‘Leaders make Texas and its people. She began her exten- things possible. Great leaders make them in- lief in the first year will not accomplish this sive community service in 1965 and served on goal. A refundable payroll tax credit, which evitable.’’ By every estimation, Alan Cranston boards and commissions including the Waters was a great leader. does not exclude lower- and middle-income Resources Council, the Texas Adult Probation f workers, is what our country needs. I urge my Commission, Women’s issues network, the colleagues to support this common-sense pro- Older Women’s League and the Dallas Alli- COMMENDING FEDERAL JUDGE J. posal. ance. She was a founding member of the Dal- ROBERT ELLIOTT UPON HIS RE- las Children’s Advocacy Center League. For TIREMENT f twenty years, she was a volunteer mediator TRIBUTE TO MARY COZZOLINO with the Dispute Mediation Service. During her HON. MAC COLLINS tenure, she mediated civil matters and served OF GEORGIA as President and a member of the board. IN THE HOUSE OF REPRESENTATIVES HON. RUSH D. HOLT She also served on the advisory board for Thursday, February 8, 2001 OF NEW JERSEY the Judicial Advisory Council of the Texas De- partment of Criminal Justice and was ap- Mr. COLLINS. Mr. Speaker, the lives of IN THE HOUSE OF REPRESENTATIVES pointed to the Commission of Judicial Effi- some public men are like sandy riverbanks. Thursday, February 8, 2001 ciency. Although not a lawyer, the Dallas They are swept molded and sometimes even Young Lawyers Association honored her with swept away by the swirling currents of popular Mr. HOLT. Mr. Speaker, I wish to rise today passion and trendy opinion. in recognition of Mary Cozzolino and her on- its Dallas Liberty Bell Award, which is presented annually to a nonlawyer who has made Others are like breakwaters. Their lives are going dedication to serving the growing needs built on principles that keep them steadily in of families in Central New Jersey. I applaud the most selfless contribution to strengthen the effectiveness of the American system of jus- place even in the face of such a torrent. the achievements she has made working to U.S. Judge J. Robert Elliott is just such a address the diverse needs of a growing com- tice. I served on several volunteer organizations man. He retired this December at age 91 from munity. with Mrs. Clark. Because I knew her and her the U.S. Federal Court in Columbus making Recently, Mary was elevated from Deputy work well, I am deeply saddened that Texas him the longest-serving judge in the Federal Mayor to Mayor of Manalapan; thus becoming has lost a veteran community leader. I ask the Courts’ history. During this long career, he the youngest female ever elected to public of- House to join me in remembering and paying was faced with many difficult and politically fice in New Jersey, as well as the youngest tribute to Diana Clark, a great advocate. charged cases ranging from civil rights, to the elected official in Monmouth County. My Lai Massacre in Vietnam, and more re- f Mary became involved in Manalapan politics cently, protest marches at the School of the when she noticed that the township’s leader- TRIBUTE TO ALAN CRANSTON Americas. ship had become complacent and developers Judge Elliott is the son of a Methodist were being treated better then the residents. HON. HENRY A. WAXMAN preacher and began developing those solid Mary was dedicated to bringing a different OF CALIFORNIA principles at his father’s knee. They continued kind of politics to Manalapan, a politics where IN THE HOUSE OF REPRESENTATIVES to be molded during the depths of Great De- people mattered and the interests of the public Thursday, February 8, 2001 pression as he first worked as a teacher and are paramount. then later as he attended and was a graduate Mr. WAXMAN. Mr. Speaker, Alan Cranston, from Emory University Law School. Through it Mary currently serves as vice-chair of the who died at the age of eighty-six on Decem- Young Dems of Monmouth County. In this ca- all he developed a profound respect for the ber 31, 2000, represented California in the absolute necessity of distinguishing between pacity she works to elevate the interests of United States Senate from 1969 until 1993. In young people to actively participate in politics. right and wrong, the value of hard work, the addition to a distinguished political career, importance of common sense, and the indis- Speaking at various youth forums throughout Alan was an accomplished writer and jour- New Jersey, Mary highlights the importance pensable nature of the rule of law in a free so- nalist, businessman, international advisor, and ciety. for young people to begin shaping public de- leader in the movement to eliminate nuclear bate on issues of concern. These principles continued to serve him weapons. after he was appointed as a Federal judge. Mary has worked in varying capacities on a Alan was effective in everything he pursued Judge Elliott worked 51 weeks a year for al- wide range of public interest issues. She has because he had the intelligence to understand most four decades on the bench. He did all of served as the Vice-Chair of the Board of Di- conceptual complexities and the pragmatism his own research and writing, unlike many rectors for the New Jersey Public Interest Re- to achieve what he wanted. He and Pat Brown other Federal judges who rely on law clerks. search Group (NJPIRG). Mary has also rejuvenated the California Democratic Party He ruled his courtroom with common sense served as a Campaign Organizer for NJPIRG and led it to power in 1958. My own experi- as well as a dry sense of humor. The Colum- and she even spent some time working in ence with Alan goes back to 1960 when I was bus Ledger Enquirer recounts that an attorney Washington to address national issues with a student at UCLA and he was a model for once approached the bench to whisper: ‘‘Your the United States Public Interest Research young Democrats to follow. We were both ac- honor, one of the jurors is asleep.’’ Group. tive in the California Democratic Council, a ‘‘It seems so,’’ Judge Elliot replied. Once again, I applaud the efforts of Mayor grassroots party organization, and I was grate- ‘‘Aren’t you going to wake him up?’’ the law- Mary Cozzolino and ask all my colleagues to ful for the personal support he gave me a yer asked. join me in recognizing her steadfast commit- number of years later when I decided to run ‘‘You put him to sleep—you wake him up,’’ ment to serving our community. for public office. Judge Elliott responded.

VerDate 112000 03:33 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.007 pfrm08 PsN: E08PT1 E144 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2001 Judge Elliott’s commitment to the rule of law a jurist. He understood that as a politician, his INTRODUCTION OF PROJECT was put to the test after President John F. duty was to make laws, but as a judge, his job EXILE: THE SAFE STREETS AND Kennedy appointed him to the Federal Bench was to fairly apply the law, as written by the NEIGHBORHOODS ACT OF 2001 in 1962. The civil rights campaign was begin- legislators, in his courtroom. This critical dis- ning to heat up with marches, demonstrations, tinction has become obscured in recent years HON. ANDER CRENSHAW and outbreaks of violence. Judge Elliott was because too many judges have taken to legis- OF FLORIDA steeped in the Southern traditions of those lating from the bench and, in the process, at- IN THE HOUSE OF REPRESENTATIVES times. As Governor Herman Talmadge’s floor tempting to rewrite laws to suit their personal Thursday, February 8, 2001 leader in the Georgia House, he had taken preferences. Mr. CRENSHAW. Mr. Speaker, today I am strong positions on such issues, even advo- Mr. Speaker, throughout his life, but espe- introducing Project Exile: The Safe Streets cating a ‘‘Whites only’’ primary. cially during his four decades on the federal and Neighborhoods Act, which passed the But when he raised his hand and swore to bench, Judge J. Robert Elliott has been a House overwhelmingly last year. In the last uphold the Constitution of the United States, credit to his native state of Georgia, and the several years, many states, including Virginia, this obligation superceded any personal opin- community of Columbus. His departure is our have dramatically reduced the level of gun ions or past political positions. He proved that loss. My hope is that the President and the crime in their communities by implementing a man of integrity would enforce laws that he other body will refer to Judge Elliott’s example programs that ensure mandatory prison time might have opposed in the past. He had as they consider future judicial appointments. for criminals who use guns during the commis- sworn to uphold the law and he stood by his My prayer is that all such future appointees sion of a violent crime. This approach en- oath ordering desegregation of businesses, will have Judge Elliott’s reverence for our Con- forces the laws already on the books, and it schools and public places. stitution and the rule of the law and his per- ensures a minimum prison sentence of at His rulings were not always without con- sonal characteristics of hard work, integrity. If troversy as he applied common sense to try to least five years for convicted violators. they do, we will have judges who will be faith- In states and communities around the coun- bring a balance between the competing inter- ful to the call of ensuring justice for all, and ests of public safety and the right to protest. try where aggressive prosecution of gun will leave legislation to the elected representa- crimes has been coupled with tough prison He issued an injunction stopping marches in tives of the people. Albany, GA to try and cool dangerously heat- sentences, violent crime has decreased. This program is based upon the remarkably suc- ed passions, but later ordered the City of Al- f bany to stop arresting peaceful civil rights cessful experience of the joint federal, state, marchers. He ordered districts to desegregate RECOGNIZING THE HISTORICAL and local effort in Richmond, Virginia, which schools. Despite sharp criticism from both SIGNIFICANCE OF THE witnessed an amazing 40% reduction in its sides of th controversy, the appellate courts VANDERVEER/KNOX HOUSE homicide rate since their program’s inception eventually vindicated him. in 1997. Later, when the nation was most deeply di- Following this model, Project Exile provides vided by the Vietnam War, Judge Elliott coura- HON. RUSH D. HOLT $100 million in federal resources over five geously overturned the military conviction of OF NEW JERSEY years as an incentive for states to implement such programs. It will also defray the costs as- Lt. William Calley for the 1971 My Lai Mas- IN THE HOUSE OF REPRESENTATIVES sacre in South Vietnam because the fierce sociated with tougher enforcement against pre-trial publicity had robbed the defendant of Thursday, February 8, 2001 gun-toting criminals. Project Exile encourages the enforcement of existing laws and helps any chance for a fair trial. Mr. HOLT. Mr. Speaker, I wish today in rec- communities mobilize to get the word out on Judge Elliott was not afraid to take on big ognition of the historical importance of the the street that gun violence won’t be tolerated. corporations. When he learned that chemical Revolutionary War era Vanderveer/Knox The Act provides funds for strengthening the giant DuPont had concealed evidence during House. Located on the Lamington Farm in state criminal justice system in a variety of a 1993 civil trial concerning the fungicide Bedminster, the Vanderveer/Knox House ways, such as: hiring and training more Benlate, he slapped the firm with a $115 mil- played a significant role in shaping the out- judges, prosecutors, and probation officers; in- lion penalty. Prior to his decision, DuPont had come of the American Revolutionary War. taken out numerous full-page advertisements creasing prison capacity; and, creating public The town of Bedminster is one of the most awareness campaigns regarding tougher pris- declaring its innocence. The company’s re- important Revolutionary War sites in New Jer- fusal to accept responsibility led Judge Elliott on sentences for criminals who use guns. sey. The town served as the military head- Project Exile gives local prosecutors, law en- to offer a decrease in the penalty if the firm quarters for General Knox during the war, published full-page ads admitting it was forcement agencies, and the courts the flexi- where it was used as an artillery range, as bility and the resources needed to get gun- wrong. DuPont still balked at the advertise- well as a training ground for American officers ments, but was eventually forced to settle the wielding criminals out of our neighborhoods prior to the establishment of West Point. and off our streets. lawsuit and pay a multi-million-dollar fine. Recently, during the construction of The Most recently Judge Elliott has displayed his Mr. Speaker, I am hopeful this bill will move Hills housing community, nearly 30,000 Colo- rare blend of respect for the law, common swiftly from our halls to the President’s desk nial artifacts were unearthed. These items in- sense and compassion in dealing with the an- and become law. I urge my colleagues to sup- cluded everything from belt buckles and artil- nual protests at the School of the Americas at port Project Exile: The Safe Streets and lery shells to glass bottles and ceramic pieces. Fort Benning. He was lenient with first-time of- Neighborhoods Act. The collection of artifacts will eventually be fenders, but hard on the demonstrators who f displayed at the township-owned Vanderveer/ repeatedly trespassed on military property. He Knox House, which is presently being restored TERRORIST INDIAN POLICE MUR- sentenced several of them to prison, living up through the efforts of many dedicated volun- DER SIKHS, KASHMIRI RICK- to his nickname, ‘‘Maximum Bob.’’ teers. SHAW DRIVER Judge Elliott’s rulings may have generated some comment over the years, but not be- I would like to take a moment to recognize cause he wasn’t consistent in his insistence three individuals whose dedication has played HON. DAN BURTON OF INDIANA on the rule of law. We live in a day when truth a significant role in preserving this piece of IN THE HOUSE OF REPRESENTATIVES is constantly undermined by ‘‘deconstruction’’; local history; they are Grania Allport, Nancy the meaning of the word ‘‘is’’ is subject to re- Buck Pine, and Bunny Price. Without their tire- Thursday, February 8, 2001 definition; and so-called legal scholars advo- less efforts this project would not enjoy the Mr. BURTON of Indiana. Mr. Speaker, re- cate that the Constitution be stretched and broad public support that it has. cently a Kashmiri rickshaw driver was killed by ‘‘reinterpreted’’ to fit any transient political The house is a fine example of period archi- Sikh police officers. In retaliation, five Sikhs whim. We should be grateful for a principled tecture and construction. It is now being re- were killed, and later, a sixth Sikh was mur- man like Judge J. Robert Elliott whose lifetime stored carefully and thoughtfully. It has been dered at a peaceful protest rally. These killings of service reminds us that the Constitution and important in history and will be educationally are tragic, and I know every member of the the law actually mean what they say. important into the future. U.S. House of Representatives condemns Judge Elliott had been an elected politician Once again, I applaud the efforts of every- these murders. before ascending to the bench and he knew one involved in the preservation of this signifi- I have recently met with representatives of the difference between being a legislator and cant historical structure. several minority groups from within India who

VerDate 112000 03:33 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.011 pfrm08 PsN: E08PT1 February 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E145 claim that these murders are part of the Indian commit more violence against each other,’’ self-determination is the sine qua non and government’s deliberate strategy of setting mi- said Dr. Aulakh. India should allow a plebiscite in Kashmir norities against each other for the purpose of ‘‘When these things happen, just as in and Punjab, Khalistan,’’ he said. ‘‘Only free- Chithi Singhpora, you have to ask the ques- dom will bring peace and justice in South keeping them within India and under the boot tion: Who benefits?,’’ Dr. Aulakh said. ‘‘In Asia.’’ of Indian tyranny. According to these rep- all these cases, the answer is the same: the resentatives, the Indian police have been re- Indian government. Neither the Sikh Nation f cruiting members of the Black Cats, a noto- nor the Kashmiris benefit in any way from THE DEATH OF J.J. JOHNSON rious criminal terrorist gang in India, into the the murders of Sikhs or Kashmiris.’’ police force. They are apparently handing out Members of the violent Black Cats com- mandos have been recruited into the police HON. JOHN CONYERS, JR. these plum positions in the police force as a due to their ‘‘good work’’—killing Sikhs and OF MICHIGAN reward for the ‘‘good work’’ the Black Cats other minorities. These Indian agents have IN THE HOUSE OF REPRESENTATIVES have done for the government. Tragically, this infiltrated Sikh organizations and Muslim ‘‘good work’’ consists mainly of killing Sikhs organizations. ‘‘They were the ones who Thursday, February 8, 2001 and other minorities. It is these Black Cats, threatened to destroy a mosque in retalia- Mr. CONYERS. Mr. Speaker, today I pay often dressed as police, who often carry out tion for the killings,’’ Dr. Aulakh noted. ‘‘No tribute to the life and work of jazz great James these minority-targeted murders. Sikh would ever destroy anyone’s religious ‘‘J.J.’’ Johnson. A legendary trombone player, Dr. Gurmit Singh Aulakh, President of the places. But the theocratic Hindu militant J.J. Johnson made an indelible mark on Council of Khalistan, has put out a press re- government of India has a record of doing so,’’ he said. He noted that the BJP de- bebop jazz. He died on February 4th at the lease condemning these murders. He points stroyed the Babri mosque and still plans to age of 77. out that the killings serve no one’s interest but build a Hindu temple on the spot. A mosque During his six decade career, Johnson that of the Indian government. ‘‘When these in Kashmir was also destroyed. Hindu mili- played with some of the most influential musi- things happen, just as in Chithi Singhpora, you tants affiliated with the RSS, the parent or- cians in jazz, including Benny Carter, Dizzy have to ask the question: Who benefits?,’’ Dr. ganization of the ruling BJP, have burned Gillepsie and, one of my personal favorites, Aulakh said. According to him, ‘‘In all these Christian churches. The Indian government Charlie Parker. Early in his career, he joined cases, the answer is the same: the Indian attacked the Golden Temple and 38 other Benny Carter’s big band and recorded his first Sikh Gurdwaras in Punjab in June 1984. government. Neither the Sikh Nation nor the Tens of thousands of Sikh political pris- professional work with it. Johnson revolution- Kashmiris benefit in any way from the murders oners are rotting in Indian jails without ized the playing of the trombone, ensuring its of Sikhs or Kashmiris.’’ He noted that there charge or trial. India is in gross violation of place in the world of jazz music. He was one were some threats to destroy a Muslim international law. The government of India of the first musicians to successfully integrate mosque in retaliation for the murders. It is the has murdered over 250,000 Sikhs since 1984, the trombone into the intricate rhythms and Indian government that has a record of attack- more than 200,000 Christians since 1947, over phrasing of bebop. In later years, he worked ing, desecrating, and destroying Christian, 70,000 Muslims in Kashmir since 1988, and as a composer and arranger, and during the tens of thousands of Tamils, Assamese, 1970s wrote scores for several television Sikh, and Muslim religious places. Dr. Aulakh Manipuris, Dalits (the aboriginal people of urged both communities to keep their cool and the subcontinent), and others. The Indian shows and feature films. not to be sucked into the Indian government’s Supreme Court called the Indian govern- Jazz is a national treasure and true Amer- strategy. ‘‘The Indian government has shown ment’s murders of Sikhs ‘‘worse than a geno- ican art form. In turn, jazz musicians should its disregard for basic human rights,’’ said Dr. cide.’’ Government-allied Hindu militants be lauded for their many contributions to Aulakh. have murdered priests, and raped nuns. The American culture. It is in that vein that I salute Mr. Speaker, the hard-working American Vishwa Hindu Parishad (VHP) described the the life and work of one of the jazz greats, taxpayers should not be taxed to support this rapists as ‘‘patriotic youth’’ and called the James ‘‘J.J.’’ Johnson. nuns ‘‘Nantinational elements.’’ Hindu radi- kind of a government. American principles of cals, members of the Bajrang Dal, burned f freedom require that we help these people. missionary Graham Stewart Staines and his COMMEMORATING THE 25TH ANNI- We should stop all aid to India until it stops re- two sons, ages 10 and 8, to death while they VERSARY OF THE ARMENIAN pressing its minorities and we should put the surrounded the victims and chanted ‘‘Vic- GENERAL BENEVOLENT UNION Congress on record demanding a free and fair tory to Hannuman,’’ a Hindu god. MANOOGIAN-DEMIRDJIAN plebiscite in Punjab, Khalistan, in Kashmir, in ‘‘India is not a democracy for Sikhs, Mus- SCHOOL predominantly Christian Nagaland, and any- lims, Christians, and other minorities,’’ said Dr. Aulakh. The rights guaranteed in the In- where else where people seek their freedom dian constitution are not enjoyed by non- HON. BRAD SHERMAN from India. These actions will go a long way Hindus,’’ he said. ‘‘Congressman Rohr- OF CALIFORNIA towards bringing freedom to the subcontinent. abacher was right when he said that for mi- I urge this Congress and President Bush to norities ‘India might as well be Nazi Ger- IN THE HOUSE OF REPRESENTATIVES act now in support of freedom. many.’’ ’ Police witnesses have confirmed Thursday, February 8, 2001 Mr. Speaker, I submit the following press re- that the police tortured and murdered the Mr. SHERMAN. Mr. Speaker, today I com- lease from the Council of Khalistan’s about former Jathedar of the Akal Takht, Gurdev Singh Kaunke, and human-rights activist memorate the 25th anniversary of the Arme- this terrible incident; into the RECORD. I urge Jaswant Singh Khalra. nian General Benevolent Union Manoogian- all my colleagues to read it carefully. It is very Sikhs ruled Punjab up to 1849 when the Demirdjian School in Canoga Park, CA. revealing about the true nature of Indian ‘‘de- British conquered the subcontinent. Sikhs On February 2, 1976, a concerned group of mocracy.’’ were equal partners during the transfer of leaders from the Armenian General Benevo- power from the British. The Muslim leader SIKHS CONDEMN KILLINGS IN KASHMIR, AP- lent Union, an international philanthropic orga- Jinnah got Pakistan for his people, the PEAL TO BOTH COMMUNITIES TO EXERCISE nization headquartered in New York, estab- Hindu leaders got India, but the Sikh leader- RESTRAINT—DO NOT BECOME PART OF THE ship was fooled by the Hindu leadership lished the Manoogian-Demirdjian private INDIAN GOVERNMENT’S DIVIDE AND RULE promising that Sikhs would have ‘‘the glow school in Van Nuys, CA with 19 students and STRATEGY—INDIA SHOULD FREE KASHMIR of freedom’’ in Northwest India and the 3 faculty members. I am pleased to inform you AND KHALISTAN INSTEAD OF MURDERING Sikhs took their share with India on that today that it now stands in Canoga Park, CA, PEOPLE promise. with a student body of 958 and 104 faculty WASHINGTON, D.C., February 6, 2001—The Sikhism was not even recognized in the In- Council of Khalistan today condemned this members. dian constitution as a separate religion, Mr. Speaker, the Armenian General Benev- week’s killings of five Sikhs and the murder while Islam, Buddhism, Hinduism, etc. were of a Muslim scooter driver by Indian Sikh se- recognized. Discrimination against the Sikh olent Union Manoogian-Demirdjian School is curity force personnel in Kashmir. ‘‘These Nation took place in every sphere. After the now the largest Armenian School by popu- killings are reprehensible,’’ said Dr. Gurmit Golden Temple attack, the Sikh Nation lation in North America. The high standards Singh Aulakh, President of the Council of stepped up its struggle to achieve its God- and academic achievements of the students Khalistan, which leads the Sikh Nation’s given right to be free. On October 7, 1987, the have made it one of the most well-known pri- struggle for independence. ‘‘Neither Sikhs Sikh Nation declared the independence of its vate schools in southern California. I would nor Muslims nor any other people should be homeland, Punjab, Khalistan. No Sikh rep- like to mention that among this year’s 60 Sen- killed because of who they are,’’ he said. resentative has ever signed the Indian con- ‘‘These killings only advance the Indian gov- stitution. The Sikh Nation demands freedom iors, one received a perfect SAT score of ernment’s divide and rule strategy,’’ he said. for its homeland, Khalistan. 1600, one has been nominated to the Presi- ‘‘I urge both the Sikh community and the ‘‘Democracies don’t commit genocide,’’ Dr. dential Scholars Pool, and two others are Na- Muslim community not to get worked up and Aulakh said. ‘‘In a democracy, the right to tional Merit Scholars.

VerDate 112000 03:33 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.014 pfrm08 PsN: E08PT1 E146 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2001 Mr. Speaker, I hope you will join me in ex- for Dependency and Indemnity Compensation residents and other local economic develop- tending our congratulations to the AGBU based on the Secretary’s determination and ment benefits. However, today the CDQ Manoogian-Demirdjian School on it’s Silver was granted benefits from August 6, 1993, the groups are participating in all Bering Sea di- anniversary and wish them continued success date the VA received her claim. However, she rected fisheries through substantial equity in- in future endeavors. received no benefits for the nearly nine years terests in established fishing companies. In f between Mr. Bailey’s death and the date the addition, in 1998 when it enacted the Amer- VA determined that as a matter of law the ican Fisheries Act the 105th Congress created CENTRAL NEW JERSEY RECOG- lung cancer was caused by exposure to Agent a loan program—contained in section 211(e) NIZES FRANCO MINERVINI FOR Orange. of the American Fisheries Act—that encour- HIS SERVICE TO OUR COMMU- It is unfair to deny the families of veterans ages CDQ groups to make additional invest- NITY benefits due solely to a delay on the part of ments. the VA to acknowledge that the veteran died It is important that the implementation of the HON. RUSH D. HOLT as a result of his military service. Mr. Bailey CDQ program reflect these new realities. For that reason, Congress needs to provide the OF NEW JERSEY and other veterans died as a result of their Secretary, the CDQ groups, the fishing com- IN THE HOUSE OF REPRESENTATIVES service to their country. Their families should not be punished because the VA was slow to panies in which the CDQ groups own equity Thursday, February 8, 2001 recognize the cause of their death. interests, and the state of Alaska clear guidance regarding how the CDQ program should Mr. HOLT. Mr. Speaker, I wish today in rec- My bill corrects this unfairness. It requires be implemented. ognition of Franco Minervini for his dedication the VA to grant the families Dependency and Last October I introduced H.R. 5565 whose to the cause of social justice for Italian-Ameri- Indemnity Compensation awards from the date cans. I applaud the achievements he has enactment would have amended section of the veteran’s death, regardless of when the 305(i)(1) of the Magnuson-Stevens Act to pro- made fighting prejudice as an active member VA acknowledged the service-connection of of his community and a positive contributor to vide that guidance. Unfortunately, there was the veterans death. not enough time for the U.S. House of Rep- our society. I urge my colleagues to join with me in co- Throughout his distinguished career as an resentatives to consider H.R. 5565 prior to the sponsoring this legislation. adjournment of the 106th Congress. For that artist, educator, and business owner, Franco reason, I today am reintroducing the legisla- Minervini has been a tireless advocate for f tion in the 107th Congress. central New Jersey’s Italian-American commu- ALASKA COMMUNITY Mr. Speaker, this bill identifies that the ob- nity. As a member and former State Chairman DEVELOPMENT QUOTA PROGRAM jectives of the CDQ program are to provide el- of the Commission for Social Justice, the anti- igible western Alaska communities the fair and defamation arm of the Order Sons of Italy in equitable opportunity to participate in Bering America, Franco has made it his lifelong goal HON. DON YOUNG Sea fisheries that Magnuson-Stevens Act Na- ‘‘to fight our society’s relaxed attitude toward OF ALASKA tional Standard 4 requires, and to assist eligi- prejudice.’’ IN THE HOUSE OF REPRESENTATIVES ble communities to achieve sustainable long- Franco’s achievements have won him praise Thursday, February 8, 2001 term diversified local economic development. from such organizations as the Ocean Town- Mr. YOUNG of Alaska. Mr. Speaker, in 1992 The bill requires the Secretary to allocate to ship’s Italian American Association, the Na- the CDQ program the same percentages of tional Police Defense Foundation and the the North Pacific Fisheries Management Council established, and the Secretary of the total allowable catches and guideline har- Order Sons of Italy in America. vest levels of Bering Sea directed fisheries In addition to being a champion for Italian- Commerce by regulation began implementing, the western Alaska community development that Congress through section 206 of the American issues, Mr. Minervini is a nationally American Fisheries Act and the Secretary by renowned sculptor and proprietor of the Free- quota (CDQ) program. Over the past nine years, the CDQ program has made a valuable regulation already have allocated to the pro- hold based Dependable Machinery Company. gram. Franco has served as the program coordinator contribution to improving economic and social conditions in the small Alaska Native villages In 1998 Congress directed the National of ‘‘Italy’s Heroes of the Holocaust’’, ‘‘A Debt Academy of Sciences to study, and then to re- on the coast of the Bering Sea that participate to Honor’’, and ‘‘Yours is a Precious Witness’’ port to Congress regarding, the CDQ program. in the program. exhibits shown at both Brookdale Community In 1999 the National Research Council deliv- In 1994 a question was raised whether the College and Rowan University. ered that report and, in part, recommended Magnuson-Stevens Fishery Conservation and Once again, I applaud the efforts of Franco that the process through which the state of Management Act (Magnuson-Stevens Act) au- Minervini and ask my colleagues to join me in Alaska assists the Secretary in implementing recognizing his steadfast commitment to serv- thorized the Council to establish and the Sec- the CDQ program should be clarified. ing our community. retary to implement the CDQ program. In re- Pursuant to that recommendation, this legis- sponse, in 1996 I sponsored a provision that f lation establishes a process for implementing the 104th Congress enacted as section 111 of the CDQ program. The bill I am introducing EFFECTIVE DATES FOR AWARDS the Sustainable Fisheries Act that amended today establishes the terms and conditions for TO VETERANS’ SURVIVORS the Magnuson-Stevens Act to explicitly author- the state of Alaska’s assistance to the Sec- ize the CDQ program. retary in implementing the program. The bill HON. PATSY T. MINK The provision—section 305(i)(1) of the Mag- also affords the CDQ groups an opportunity to OF HAWAII nuson-Stevens Act—settled the authorization decide among themselves the percentages of IN THE HOUSE OF REPRESENTATIVES question; however, it does not provide guid- each Bering Sea directed fishing allowance ance to the Secretary for implementing the that each group will harvest during a fishing Thursday, February 8, 2001 CDQ program, nor does it authorize the state year. If the CDQ groups cannot agree, the bill Mrs. MINK of Hawaii. Mr. Speaker, I rise of Alaska to assist the Secretary to implement affords the groups an opportunity to jointly de- today to introduce legislation which would per- the program or establish the terms and condi- velop the criteria that the Secretary shall apply mit the families of veterans who died as a re- tions for the state’s participation. to allocate fishing opportunities among the sult of a service-connected injury to collect In addition, over the past nine years the groups (as well as for the state of Alaska to benefits from the date of the veteran’s death. business activities of the six groups that the apply in developing its recommendations to On August 27, 1984, L.H. Bailey died in the eligible communities have organized to partici- the Secretary regarding the allocation of fish- VA Medical Center in Honolulu of lung cancer. pate in the CDQ program have become in- ing opportunities). Mr. Bailey had served in the Vietnam theater creasingly sophisticated. Initially, each CDQ On October 4, 2000 the General Counsel of and received the Vietnam Service medal. In group simply contracted with an existing fish- the National Oceanic and Atmospheric Admin- 1993 the Secretary of Veterans Affairs deter- ing company to harvest the share of the total istration issued a legal opinion that concluded mined that lung cancer was a medical condi- allowable catch of Bering Sea pollock that the that the text of the definition of the term ‘‘CDQ tion related to Agent Orange exposure. group was allocated. In exchange, the group project’’ in 50 CFR 679.2 is ambiguous re- Following the announcement of the Sec- received a royalty payment from the company, garding whether programs and activities of retary’s determination, Mr. Bailey’s widow filed as well as employment opportunities for village fishing companies in which CDQ groups

VerDate 112000 03:47 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A08FE8.017 pfrm08 PsN: E08PT1 February 8, 2001 CONGRESSIONAL RECORD — Extensions of Remarks E147 own equity interests are ‘‘CDQ projects’’. For Sons of Italy perform for our community and ment. BJP officials have said that anyone liv- that reason, this bill defines the term ‘‘CDQ for health and education of our families. Dur- ing in India must either be a Hindu or be sub- project’’ to clarify that a program or activity ing the past 38 years, the Sons of Italy foun- servient to Hindus. that is administered or initiated by a sub- dation has awarded over $25 million in schol- These murders have been condemned by sidiary, joint venture, partnership, or other enti- arships to Italian-American students. The Sons the Kashmiri freedom fighters and by the ty in which a CDQ group owns an equity inter- of Italy also provide funding for medical re- Council of Khalistan, which leads the Sikh est is not a ‘‘CDQ project’’ over which the search on genetic diseases, homes for or- freedom movement. No organization has Secretary may assert oversight authority if the phans, victims of natural disasters, inter- come forth to take responsibility for the program or activity is funded by the assets of national issues, and law enforcement support killings, another parallel to the massacre at the subsidiary, joint venture, partnership, or projects. Chithi Singhpora. other entity, rather than by the assets of the So, I would like to congratulate the Sons of Mr. Speaker, one doesn’t have to look very CDQ group. The definition also clarifies that a Italy for its many years of commitment to help- hard to find the hand of the Indian government program or activity that is administered or initi- ing others and for the selection of Franco on these terrible killings. This appears to be ated by a CDQ group is not a ‘‘CDQ project’’ Minervini and Mary Cozzalino, two individuals part of the Indian government’s pattern of ter- over which the Secretary may assert oversight who embody the ideals and the goals of this rorism and repression against Sikhs, Muslims, authority if the program or activity is not fund- fine organization. Christians, and other minorities. In that light, ed by revenue that, during the duration of a f this Congress should cut off American aid to community development plan, the group de- India until the repression ends and human rives or accrues from harvesting the share of SIKHS, MUSLIMS MURDERED IN rights are restored and we should support a the percentage of the total allowable catch or KASHMIR free and fair plebiscite to decide democrat- guideline harvest level of a directed Bering ically the future of Khalistan, Kashmir, Sea fishery that the Secretary authorized the HON. EDOLPHUS TOWNS Nagalim, and all the countries seeking their group to harvest when he approved the OF NEW YORK freedom from India. That is how to let the glow group’s plan. IN THE HOUSE OF REPRESENTATIVES of freedom shine all over South Asia. Finally, Mr. Speaker, in response to my in- Mr. Speaker, I would like to submit an arti- Thursday, February 8, 2001 troduction of H.R. 5565, at its December 2000 cle from Reuters News Service on the Kash- meeting in Anchorage the North Pacific Fish- Mr. TOWNS. Mr. Speaker, I was disturbed mir murders into the RECORD. when I read that more violence is taking place ery Management Council voted to organize a [From the Reuters News Service, Feb. 5, 2001] committee to review the Secretary and the in Indian-controlled Kashmir. Some Sikh po- KASHMIR CAPITALS PUT UNDER CURFEW state of Alaska’s administration of the CDQ licemen murdered a Muslim rickshaw driver AFTER KILLINGS program and to identify needed changes. I am after he demanded that they pay their fare. In JAMMU, INDIA, Feb. 4 (Reuters).—Indian au- pleased that the Council did so, and I look for- retaliation, five Sikhs were killed by a Muslim thorities imposed curfews on the two cap- ward to considering the committee’s sugges- gunman. Then one more was killed while par- itals of troubled Jammu and Kashmir state tions. However, the committee’s work is not a ticipating in a protest march. Now the Indian on Sunday after gunmen shot dead six Sikhs substitute for action by Congress. government has imposed a curfew in Jammu and wounded five others. f and Kashmir. Srinagar, the state’s summer capital, was Recently, the Indian government has been brought under a curfew from Sunday fol- ORDER SONS OF ITALY IN AMER- recruiting members of the terrorist, vigilante lowing the killing of the Sikhs in the city’s ICA—MAN AND WOMAN OF THE YEARcommandos called the Black Cats into the po- Mahjoor Nagar area the day before. lice. This is apparently a reward for doing a Similar measures were announced in the good job of killing Sikhs and other minorities. winter capital Jammu. ‘‘An indefinite curfew HON. FRANK PALLONE, JR. has been imposed in Jammu city from Mon- OF NEW JERSEY The police who carried out the rickshaw mur- day in view of the heightening tension fol- IN THE HOUSE OF REPRESENTATIVES der are former Black Cats. It is an open secret lowing the killing of the Sikhs,’’ Deputy that the former Black Cats have infiltrated Sikh Commissioner of Police R.K. Goel said. Thursday, February 8, 2001 and Kashmiri organizations for the purpose of He said the curfew was imposed after Sikh Mr. PALLONE. Mr. Speaker, I would like to setting them against each other. groups had called for a general strike on draw my colleagues’ attention to two individ- As in the case of last March’s massacre of Monday. A group of Sikhs threw stones at uals from New Jersey whose outstanding 35 Sikhs at Chithi Singhpora, the relevant shops and cars and blocked traffic in Jammu community service has earned them the title question that must be asked is who benefits? on Sunday to protest against the killings. A police official said in Srinagar that secu- of ‘‘Man and Woman of the Year’’ and the Mr. Speaker, neither the Sikhs nor the Mus- rity had been tightened in Sikh areas of seats of honor at the Order Sons of Italy in lims benefit from these killings. The only bene- Kashmir, the only Indian state with a Mus- America dinner February 11 in Hazlet, New ficiary is the theocratic, fundamentalist Hindu lim majority. Jersey. nationalist government of India and its divide- Separatist rebellion broke out in the Hi- This year’s Woman of the Year is and-rule strategy. This looks like a clear effort malayan region in 1990, among Islamic Manalapan Mayor Mary Cozzalino, the young- to set the Sikhs and the Kashmiri freedom groups seeking either independence or union est female Italian-American elected official in fighters against each other to keep both move- with neighbouring Pakistan. the State of New Jersey. In addition to the ments weak, divided, and unable to liberate Authorities say more than 30,000 people many official, civic and volunteer contributions their people. Sikhs have not usually been tar- have died in the conflict since. The Sikh minority, who make up 300,000 of she is making to the citizens of Manalapan, gets of the violence in Kashmir. These mur- the state’s eight million people, have usually she is also Police Commissioner, overseeing ders and the tragedy at Chithi Singhpora are been spared violence, which pits Islamic the security in this still-expanding Monmouth the only recent incidents involving Sikhs. They rebels against government forces, Hindus County Community. are outside the usual pattern. and pro-Indian Muslims. This year’s Man of the Year is Franco In addition, some of the participants in the No group claimed responsibility for Satur- Minervini, a nationally-renowned sculptor protest threatened to harm a mosque. The day’s gun attack on the group of Sikhs. Last whose highly-acclaimed works of art frequently Sikhs have not harmed any religious places, March, 35 Sikhs were shot dead by unidenti- express his Italian-American heritage. Mr. but the Indian government has a pattern of it. fied gunmen as U.S. President Bill Clinton Minervini not only being honored for his artistic They invaded the Sikhs’ holiest shrine, the visited India. achievements. As former commissioner of the Golden Temple, and 38 other Gurdwaras in KASHMIRI SEPARATISTS CONDEMN KILLINGS Commission for Social Justice, he is being 1984. The BJP destroyed the Babri mosque to Several Kashmiri separatist groups ex- honored for his hard work on fighting and ex- put a Hindu temple where it sat. Since Christ- pressed grief over the latest killings and said posing discrimination against Italian Ameri- mas 1998, Christian churches and prayer halls they were aimed at harming their struggle for freedom from Indian rule. cans. have been attacked and burned. All of these ‘‘We appeal to the Kashmiri Sikhs not to Almost all of us who serve in the House are acts have been carried out by the Indian gov- leave the (Kashmir) Valley and foil the de- fortunate to have Sons of Italy lodges in our ernment or by persons associated with the signs of those who want to malign our free- district, so it is important that we be occasion- RSS, which is the parent organization of the dom struggle,’’ Abdul Majid Dar, chief com- ally reminded of the tremendous services the BJP, the party that leads the coalition govern- mander of the guerrilla group Hizbul

VerDate 112000 03:47 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A08FE8.021 pfrm08 PsN: E08PT1 E148 CONGRESSIONAL RECORD — Extensions of Remarks February 8, 2001 Mujahideen, said in a statement. Kashmir’s In New Delhi, Bangaru Laxman, president ‘‘The terrorist organisations must under- main separatist alliance, All Parties of the ruling Bharatiya Janata Party, said stand that the Indian government has the Hurriyat (Freedom) Conference, condemned the killings were a desperate attempt by necessary will and the capabilities to com- the killings, a spokesman of the alliance militant groups to sabotage Vajpayee’s pletely crush the evil designs of the ter- said. peace initiative. rorist,’’ Laxman said. The attack on Sikhs came a day after In- ‘‘Therefore, the government’s peace initia- dian Prime Minister Atal Behari Vajpayee India recently extended a unilateral tives need not be misunderstood as govern- and Pakistan’s General Pervez Musharraf ceasefire which began last November 28 in ment’s weakness.’’ held their first talks in more than a year, Kashmir. Most militant Muslim groups re- Vajpayee is sending a three-member team prompted by the devastating earthquake in jected it and vowed to press on with their to Srinagar on Monday to investigate the in- Western India. fight. cident.

VerDate 112000 03:47 Feb 09, 2001 Jkt 089060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A08FE8.024 pfrm08 PsN: E08PT1 Thursday, February 8, 2001 Daily Digest

HIGHLIGHTS Senate passed S. 235, Pipeline Safety. Senate India Earthquake: Senate agreed to S. Con. Res. Chamber Action 6, expressing sympathy for the victims of the dev- Routine Proceedings, pages S1167–S1238 astating earthquake that struck India on January 26, Measures Introduced: Seventeen bills were intro- 2001, and support for ongoing aid efforts. duced, as follows: S. 285–301. Page S1218 Pages S1234–35 Measures Passed: Holocaust Remembrance Day: Committee on Rules and Administration was discharged from fur- Pipeline Safety: By a unanimous vote of 98 yeas ther consideration of H. Con. Res. 14, permitting (Vote No. 11), Senate passed S. 235, to provide for the use of the Rotunda of the Capitol for a ceremony enhanced safety, public awareness, and environmental as part of the commemoration of the days of remem- protection in pipeline transportation, after taking ac- brance of victims of the Holocaust, and the resolution on the following amendments proposed thereto: tion was agreed to, after agreeing to the following Pages S1176–S1205 amendment proposed thereto: Page S1235 Adopted: Nickles (for McConnell) Amendment No. 11, to Boxer Amendment No. 3, to direct the Secretary strike April 18, 2001, and insert April 19, 2001. of Energy to request the National Academy of Page S1235 Sciences to conduct a study of, and report to Con- gress on, increasing the reserve supply of natural gas. Appointments: Pages S1182–84 National Council on the Arts: The Chair an- McCain/Hollings Amendment No. 4, to make cer- nounced, on behalf of the Majority Leader, pursuant tain technical and minor corrections. Page S1187 to Public Law 105–83, his appointment of Senators McCain (for Reed) Amendment No. 5, to direct DeWine and Sessions to serve as members of the the Federal Energy Regulatory Commission, in con- National Council on the Arts. Page S1236 sultation with the Department of Energy, to conduct Messages From the President: Senate received the a study of, and report to Congress on, the natural following messages from the President of the United gas pipeline transmission network in New England States: and natural gas storage facilities associated with that Transmitting, pursuant to law, a report on the na- network. Page S1189 tional emergency with respect to Iraq; to the Com- Corzine Amendment No. 10, relating to the fre- mittee on Banking, Housing, and Urban Affairs. quency of pipeline inspections. Pages S1192–95 (PM–4) Page S1218 Congratulating Sri Lanka’s Independence: Sen- Transmitting, a draft of proposed legislation on ate agreed to S. Res. 17, congratulating President tax relief; to the Committee on Finance. (PM–5) Chandrika Bandaranaike Kumaratunga and the peo- Page S1218 ple of the Democratic Socialist Republic of Sri Lanka Nominations Confirmed: Senate confirmed the fol- on the celebration of 53 years of independence. lowing nominations: Page S1234 Paul Henry O’Neill, of Pennsylvania, to be El Salvador Earthquake: Senate agreed to S. Res. United States Governor of the International Mone- 18, expressing sympathy for the victims of the dev- tary Fund for a term of five years; United States astating earthquake that struck El Salvador on Janu- Governor of the International Bank for Reconstruc- ary 13, 2001. Page S1234 tion and Development for a term of five years; D108 February 8, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D109

United States Governor of the Inter-American Devel- BANKRUPTCY REFORM ACT opment Bank for a term of five years; United States Committee on the Judiciary: Committee concluded Governor of the African Development Bank for a hearings on bankruptcy reform issues, including re- term of five years; United States Governor of the lated provisions of S. 220, to amend title 11, United Asian Development Bank; United States Governor of States Code, after receiving testimony from Chief the African Development Fund; United States Gov- Judge Edward R. Becker, United States Court of ernor of the European Bank for Reconstruction and Appeals for the Third Circuit (Philadelphia, Pennsyl- Development. vania); Judge Randall J. Newsome, United States Routine lists in the Foreign Service. Bankruptcy Court Northern District of California, Pages S1235, S1238 and Philip L. Strauss, San Francisco Department of Messages From the President: Page S1218 Child Support Services, both of San Francisco; Brady C. Williamson, LaFollett, Godfrey and Kahn, Madi- Statements on Introduced Bills: Pages S1218–28 son, Wisconsin, former Chair of the National Bank- Additional Cosponsors: Pages S1228–29 ruptcy Review Commission; Kenneth H. Beine, Amendments Submitted: Pages S1229–33 Shoreline Credit Union, Two Rivers, Wisconsin, on behalf of the Credit Union National Association, Authority for Committees: Page S1233 Inc.; Robert D. Manning, University of Houston Additional Statements: Pages S1217–18 Law Center Institute for Higher Education, Law, and Record Votes: One record vote was taken today. Governance, Houston, Texas; Dean Sheaffer, Boscov’s Department Stores, Inc., Laureldale, Pennsylvania, on (Total—11) Pages S1199–S1200 behalf of the National Retail Federation; Maria T. Adjournment: Senate met at 9:30 a.m., and ad- Vullo, Paul, Weiss, Rifkind, Wharton and Garrison, journed at 4:22 p.m., until 10 a.m., on Monday, New York, New York; and Todd J. Zywicki, George February 12, 2001 for a pro forma session. (For Sen- Mason University School of Law, Arlington, Vir- ate’s program, see the remarks of the Acting Major- ginia. ity Leader in today’s Record on page S1238.) HEALTH CARE PRIVACY Committee on Health, Education, Labor, and Pensions: Committee Meetings Committee held hearings to examine the effectiveness of the new Department of Health and Human (Committees not listed did not meet) Services’ regulations that maintain the privacy of personal health information in the face of advanced DOE NATIONAL SECURITY PROGRAMS information technology and the increasing number of Committee on Armed Services: Committee concluded access to identifiable health information, receiving hearings on the Secretary’s priorities and plans for testimony from Leslie G. Aranovitz, Director, Health the Department of Energy national security pro- Care—Program Administration and Integrity Issues, grams, including weapons, nonproliferation, naval re- General Accounting Office; Janlori Goldman, actor, and environmental management programs, Georgetown University Institute for Health Care Re- after receiving testimony from Spencer Abraham, search and Policy, and Judith L. Lichtman, National Secretary of Energy. Partnership for Women and Families, both of Wash- ington, D.C.; Jane F. Greenman, Honeywell Inter- BUDGET AND ECONOMIC OUTLOOK national, Inc., Morristown, New Jersey, on behalf of the American Benefits Council; John P. Houston, Committee on the Budget: Committee concluded hear- University of Pittsburgh Medical Center Health Sys- ings to examine certain budgetary issues, including tem, Pittsburgh, Pennsylvania, on behalf of the the projected federal budget surpluses and tax reduc- American Hospital Association; G. Richard Smith, tion initiatives, and their impact on the economic Jr., University of Arkansas for Medical Sciences Cen- outlook of the United States, after receiving testi- ters for Mental Health Services Research, Little mony from Wayne D. Angell, Bear, Stearns and Rock, on behalf of the Association of American Med- Company, Inc., New York, New York; and Robert ical Colleges; and Robert C. Heird, Anthem Blue Greenstein, Center on Budget and Policy Priorities, Cross and Blue Shield, Indianapolis, Indiana, on be- Stephen Moore, Cato Institute, and Alice M. Rivlin, half of Blue Cross Blue Shield Association. Brookings Institution, all of Washington, D.C. Hearings recessed subject to call. D110 CONGRESSIONAL RECORD — DAILY DIGEST February 8, 2001 House of Representatives Committee Resignation—Committee on Trans- Chamber Action portation and Infrastructure: Read a letter from Bills Introduced: 31 public bills, H.R. 2, 524–553; Mr. Ney wherein he announced his resignation from 10 resolutions, H.J. Res. 14–15; H. Con. Res. the Committee on Transportation and Infrastructure. 23–26, and H. Res. 32–35 were introduced. Page H228 Pages H252–54 Committees Resignation—Agriculture and Re- Reports Filed: No reports were filed today. sources: Read a letter from Mr. John wherein he an- Guest Chaplain: The prayer was offered by the nounced his resignation from the Committee on Ag- guest Chaplain, Rev. Monsignor Jerry Sullivan, St. riculture and the Committee on Resources. Mary of the Lake Church of Hamburg, New York. Page H228 Page H227 Committees Resignation—Science and Veterans Board of Regents of the Smithsonian Institution: Affairs: Read a letter from Mr. Doyle wherein he The Speaker announced the appointment of the fol- announced his resignation from the Committee on lowing Members of the House to the Board of Re- Science and the Committee on Veterans Affairs. gents of the Smithsonian Institution: Mr. Regula of Page H228 Ohio, Mr. Sam Johnson of Texas and Mr. Matsui of Committees Resignation—International Relations California. Page H227 and Judiciary: Read a letter from Mr. Rothman Institute of American Indian and Alaska Native wherein he announced his resignation from the Com- Culture and Arts Development: The Speaker an- mittee on International Relations and the Committee nounced the appointment of the following Members on the Judiciary. Pages H228–29 of the House to the Board of Trustees of the Insti- tute of American Indian and Alaska Native Culture Committees Resignation—Education and the and Arts Development: Mr. Young of Alaska and Workforce and Government Reform: Read a letter from Mr. Fattah wherein he announced his res- Mr. Kildee of Michigan. Page H228 ignation from the Committee on Education and the Board of Trustees of Gallaudet University: The Workforce and the Committee on Government Re- Speaker announced the appointment of the following form. Page H229 Member of the House to the Board of Trustees of Gallaudet University: Mr. LaHood of Illinois. Committee Resignation—Science: Read a letter Page H228 from Mr. Capuano wherein he announced his resignation from the Committee on Science. Page H229 Committee Resignation—Permanent Select Com- mittee on Intelligence: Read a letter from Mr. Bass Committee Resignation—Small Business: Read a wherein he announced his resignation from the Per- letter from Ms. Berkley wherein she announced her manent Select Committee on Intelligence. Page H228 resignation from the Committee on Small Business. Committee Resignation—Committee on Trans- Page H229 portation and Infrastructure: Read a letter from Committee Resignation—Government Reform: Mr. Bass wherein he announced his resignation from Read a letter from Mr. Ford wherein he announced the Committee on Transportation and Infrastructure. his resignation from the Committee on Government Page H228 Reform. Page H229 Committee Resignation—Committee on Re- Committee Resignation—Resources: Read a letter sources: Read a letter from Mr. Hayes wherein he from Mr. Brady of Texas wherein he announced his announced his resignation from the Committee on resignation from the Committee on Resources. Resources. Page H228 Page H232 Committee Resignation—Committee on Science: Permanent Select Committee on Intelligence: Read a letter from Mr. Sensenbrenner wherein he an- The Chair announced the Speaker’s appointment of nounced his resignation from the Committee on the following Member of the House to the Perma- Science. Page H228 nent Select Committee on Intelligence: Mr. Committee Resignation—Committee on Govern- Chambliss of Georgia, to rank after Mr. Burr of ment Reform: Read a letter from Mr. Flake wherein North Carolina. Page H230 he announced his resignation from the Committee Committee Election—Majority Members: The on Government Reform. Page H228 House agreed to H. Res. 32, designating majority February 8, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D111 membership on the following standing committees Committee on the Judiciary: Mr. Schiff of Cali- of the House of Representatives: fornia. Committee on the Budget: Mr. Kirk of Illinois. Committee on Resources: Mr. Rahall of West Vir- Committee on Energy and Commerce: Mr. Bass ginia, Mr. Markey of Massachusetts, Mr. Kildee of of New Hampshire to rank after Mr. Radanovich of Michigan, Mr. DeFazio of Oregon, Mr. Faleomavaega of American Samoa, Mr. Abercrombie of Hawaii, California. Mr. Ortiz of Texas, Mr. Pallone of New Jersey, Mr. Committee on Government Reform: Mr. Weldon Dooley of California, Mr. Underwood of Guam, Mr. of Florida, Mr. Cannon of Utah, Mr. Putnam of Smith of Washington, Ms. Christensen of the Virgin Florida, Mr. Otter of Idaho, and Mr. Schrock of Vir- Islands, Mr. Kind of Wisconsin, Mr. Inslee of Wash- ginia. ington, Ms. Napolitano of California, Mr. Udall of Committee on Resources: Mr. Flake of Arizona New Mexico, Mr. Udall of Colorado, Mr. Holt of and Mr. Rehberg of Montana. New Jersey, Mr. McGovern of Massachusetts, Mr. Acevedo-Vila´ of Puerto Rico, Ms. Solis of California, Committee on Science: Mr. Shays of Connecticut Mr. Carson of Oklahoma, and Ms. McCollum of to rank after Mrs. Morella of Maryland. Minnesota. Committee on Transportation and Infrastruc- Committee on Science: Mr. Matheson of Utah and ture: Mr. Pombo of California and Mr. Hayes of Mr. Israel of New York. North Carolina to rank after Mr. Isakson of Georgia. Committee on Small Business: Mr. Langevin of Committee on Veterans Affairs: Mr. Brown of Rhode Island. Page H229 South Carolina. Page H229 Recess: The House recessed at 11:31 a.m. and re- Committee Election—Minority Members: The convened at 4:55 p.m. Page H238 House agreed to H. Res. 33, designating minority Presidential Messages: Read the following mes- membership on the following standing committees sages from the President: of the House of Representatives: Agenda for Tax Relief to the American People: Committee on Appropriations: Mr. Fattah of Read a message from the President wherein he trans- Pennsylvania and Mr. Rothman of New Jersey. mitted his agenda to provide tax relief to the Amer- Committee on Agriculture: Mr. Larsen of Wash- ican people—referred to the Committee on Ways ington, Mr. Ross of Arkansas, and Mr. Acevedo-Vila´ and Means and ordered printed (H. Doc. 107–43); of Puerto Rico. and Pages H238–39 Committee on the Budget: Mrs. McCarthy of National Emergency Re Iraq: Message wherein New York, Mr. Moore of Kansas, Mr. Capuano of he transmitted his 6 month periodic report on the Massachusetts, and Mr. Honda of California. national emergency with respect to Iraq—referred to the Committee on International Relations and or- Committee on Education and the Workforce: to dered printed (H. Doc. 107–44). Page H239 rank after Mr. Holt of New Jersey, Ms. Solis of Cali- fornia, Ms. Davis of California, and Ms. McCollum Senate Message: Message received from the Senate of Minnesota. appears on page H227. Committee on Energy and Commerce: Mr. Doyle Referral: S. 248 was referred to the Committee on International Relations. Page H241 of Pennsylvania, Mr. John of Louisiana, and Ms. Harman of California. Quorum Calls—Votes: No recorded votes or quorum calls developed during the proceedings of Committee on Financial Services: Mr. Ford of the House Today. Tennessee, Mr. Hinojosa of Texas, Mr. Lucas of Ken- tucky, Mr. Shows of Mississippi, Mr. Crowley of Adjournment: The House met at 10 a.m. and at New York, Mr. Clay of Missouri, Mr. Israel of New 4:57 p.m adjourned until 2 p.m. on Monday, Feb- York, and Mr. Ross of Arkansas. ruary 12. Committee on Government Reform: Mr. Clay of Missouri. Committee Meetings Committee on International Relations: Mr. INTERNET DOMAIN NAME SELECTION Blumenauer of Oregon, Ms. Berkley of Nevada, Ms. PROCESS Napolitano of California, and Mr. Schiff of Cali- Committee on Energy and Commerce: Subcommittee on fornia. Telecommunications held a hearing entitled: ‘‘Is D112 CONGRESSIONAL RECORD — DAILY DIGEST February 8, 2001 ICANN’s New Generation of Internet Domain Committee on Armed Services: February 13, to hold hear- Name Selection Process Thwarting Competition?’’ ings on current and future worldwide threats to the na- Testimony was heard from public witnesses. tional security of the United States, to be followed by closed hearings (Room S–407, Capitol), 9:30 a.m., MARC RICH—CONTROVERSIAL PARDON; SD–106. COMMITTEE ORGANIZATION Committee on Banking, Housing, and Urban Affairs: Feb- Committee on Government Reform: Held a hearing on ruary 13, to hold oversight hearings to examine the first ‘‘The Controversial Pardon of International Fugitive Monetary Policy Report for 2001, 10 a.m., SH–216. Marc Rich.’’ Testimony was heard from Jack Quinn, February 14, Full Committee, to hold hearings on S. 143, to amend the Securities Act of 1933 and the Securi- former Counsel to President William Jefferson Clin- ties Exchange Act of 1934, to reduce securities fees in ex- ton and Counsel to Marc Rich; and the following cess of those required to fund the operations of the Secu- former officials of the Department of Justice: Morris rities and Exchange Commission, to adjust compensation Weinberg, Jr., and Martin J. Auerbach, both Assist- provisions for employees of the Commission, 2:30 p.m., ant U.S. Attorneys, Southern District of New York; SD–538. and Eric Holder, Deputy Attorney General. Committee on the Budget: February 12, to hold hearings Prior to the hearing, the Committee met for orga- to examine the current outlook for the national defense nizational purposes. budget, 2:30 p.m., SD–608. The Committee approved an Oversight Plan for February 13, Full Committee, to hold hearings on the the 107th Congress. budget outlook and tax policy, 10 a.m., SD–608. Committee on Commerce, Science, and Transportation: Feb- BANKRUPTCY ABUSE PREVENTION AND ruary 13, to hold hearings to examine airline customer CONSUMER PROTECTION ACT service, 9 a.m., SR–253. Committee on the Judiciary: Concluded hearings on February 14, Full Committee, to hold hearings to ex- H.R. 333, Bankruptcy Abuse Prevention and Con- amine the governance of the Internet Corporation for As- sumer Protection Act of 2001. Testimony was heard signed Names and Numbers, 9:30 a.m., SR–253. from public witnesses. Committee on Finance: February 14, to hold hearings to examine education tax and saving incentives, 10 a.m., f SD–215. Committee on Governmental Affairs: February 13, to hold COMMITTEE MEETINGS FOR FRIDAY, hearings on the nomination of Joe M. Allbaugh, of Texas, FEBRUARY 9, 2001 to be Director of the Federal Emergency Management (Committee meetings are open unless otherwise indicated) Agency, 10:30 a.m., SD–342. Committee on Health, Education, Labor, and Pensions: Feb- Senate ruary 13, Subcommittee on Aging, to hold hearings to Committee on Banking, Housing, and Urban Affairs: to examine the nursing shortage and its impact on America’s hold hearings to examine the current state of California’s health care delivery system, 10 a.m., SD–430. electricity crisis and the use of the Defense Production February 15, Full Committee, to hold hearings on Act, 10 a.m., SD–538. President Bush’s education proposals, 9:30 a.m., SD–430. Committee on the Judiciary: February 13, business meet- House ing to consider pending calendar business, 10 a.m., No committee meetings were scheduled. SD–226. February 14, Full Committee, to hold hearings to ex- f amine the impact of recent pardons granted by President CONGRESSIONAL PROGRAM AHEAD Clinton, 10 a.m., SD–226. Week of February 12 through February 17, 2001 House Chamber Senate Chamber To be announced. On Monday, Senate will meet in pro forma session. House Committees During the remainder of the week, Senate expects Committee on Agriculture, February 14, to hold an orga- to consider any cleared legislative and executive nizational meeting; followed by a hearing on the current business. state of the farm economy and the economic impact of Senate Committees federal policy on agriculture, 10 a.m., 1300 Longworth. February 15, hearing on the future of farm programs, (Committee meetings are open unless otherwise indicated) 9:30 a.m., 1300 Longworth. Committee on Appropriations: February 14, Subcommittee Committee on Energy and Commerce, February 14, to meet on Transportation, to hold oversight hearings on the De- for further organizational purposes, 10 a.m., followed by partment of Transportation’s management challenges, 2 a hearing entitled: ‘‘Election Night 2000 Coverage by the p.m., SD–124. Networks,’’ 11 a.m., 2123 Rayburn. February 8, 2001 CONGRESSIONAL RECORD — DAILY DIGEST D113

February 15, Subcommittee on Energy and Air Qual- Committee on Science, February 14, to hold an organiza- ity, hearing entitled: ‘‘Electricity Markets: Lessons tional meeting, 2 p.m., 2318 Rayburn. Learned from California,’’ 10 a.m., 2322 Rayburn. Committee on Veterans’ Affairs, February 14, to hold an February 15, Subcommittee on Health, hearing enti- organizational meeting, 11 a.m., 334 Cannon. tled: ‘‘Medicare Reform: Providing Prescription Drug Committee on Ways and Means, February 13, hearing on Coverage for Seniors,’’ 10 a.m., 2123 Rayburn. the Administration’s tax relief proposals, 10 a.m. 1100 Committee on Financial Institutions, February 14, to hold Longworth. an organizational meeting, 10 a.m., 2128 Rayburn. February 14, Subcommittee on Health, to hold an or- Committee on Government Reform, February 14, Sub- ganizational meeting, 2 p.m., 1129 Longworth. committee on the Census, hearing on ‘‘Oversight of the February 14, Subcommittee on Human Resources, to 2000 Census: The Success of the 2000 Census,’’ 2 p.m., hold an organizational meeting, 3 p.m., B–318 Rayburn. 2203 Rayburn. February 14, Subcommittee on Oversight, to hold an Committee on the Judiciary, February 14 and 15, to mark organizational meeting, 11 a.m., 1129 Longworth. up the following bills: H.R. 333, Bankruptcy Abuse Pre- February 14, Subcommittee on Select Revenue Meas- vention and Consumer Protection Act of 2001; and H.R. ures, to hold an organizational meeting, 5 p.m., 1129 256, to extend for 11 additional months the period for Longworth. which chapter 12 of title 11 of the United States Code February 14, Subcommittee on Social Security, to hold is reenacted, 10 a.m., 2141 Rayburn. an organizational meeting, 4 p.m., 1129 Longworth. Committee on Resources, February 14, to hold an organiza- February 14, Subcommittee on Trade, to hold an orga- tional meeting, 10:30 a.m., 1324 Longworth. nizational meeting, 10 a.m., 1129 Longworth. D114 CONGRESSIONAL RECORD — DAILY DIGEST February 8, 2001

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Monday, February 12 2 p.m., Monday, February 12

Senate Chamber House Chamber Program for Monday: Senate will meet in pro forma Program for Monday: To be announced. session.

Extensions of Remarks, as inserted in this issue

HOUSE Conyers, John, Jr., Mich., E145 Reynolds, Thomas M., N.Y., E142 Crenshaw, Ander, Fla., E144 Sherman, Brad, Calif., E145 Barcia, James A., Mich., E141 Holt, Rush D., N.J., E141, E143, E144, E146 Towns, Edolphus, N.Y., E147 Barrett, Thomas M., Wisc., E142 Johnson, Eddie Bernice, Tex., E141, E143 Udall, Mark, Colo., E141 Burton, Dan, Ind., E144 Mink, Patsy T., Hawaii, E146 Waxman, Henry A., Calif., E143 Collins, Mac, Ga., E143 Pallone, Frank, Jr., N.J., E147 Young, Don, Alaska, E146

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