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

Vol. 148 WASHINGTON, THURSDAY, MARCH 14, 2002 No. 29 House of Representatives The House met at 10 a.m. I pledge allegiance to the Flag of the the $5.95 trillion debt ceiling, they are The Chaplain, the Reverend Daniel P. United States of America, and to the Repub- a little embarrassed to be increasing Coughlin, offered the following prayer: lic for which it stands, one nation under God, the debt of the United States when last Lord, our refuge and our defense, indivisible, with liberty and justice for all. year they predicted surpluses as far as show Yourself, our Deliverer. In the f the eye could see and paying the debt off within a few years. They are espe- time of Moses, in response to the mur- CONGRATULATIONS TO JOB CORPS muring of Your people, You fed them in cially embarrassed that they are going the desert. Amidst their struggles, (Ms. ROS-LEHTINEN asked and was to break open the Social Security Your servant Paul exhorted the early given permission to address the House lockbox, something they had us vote Christian community at Corinth not to for 1 minute and to revise and extend on seven times. They do not talk much grumble, but deepen their under- her remarks.) about the lockbox anymore. standing. Yet in this Nation truly Ms. ROS-LEHTINEN. Mr. Speaker, I But now the most disturbing pro- blessed and free, rich with options and would like to congratulate Job Corps, a posal. They are not going to raise the opportunity, people find reasons to national program which serves more debt ceiling; they are going to dis- complain. Among the mournful crisis than 70,000 students each year, and es- appear the Social Security trust fund. of this world, hear us and be patient pecially I would like to congratulate Yes, that is right. They decided yester- with us, Lord. Job Corps director Roy Larsen of day that they are going to say that these special depository instruments, Guide Your people, by Your spirit, Homestead and Luis Cerezo of Miami. the debt of the Federal Government of that they may refine their perceptions The Job Corps program teaches the the United States, which is held by the and expand their vision so to distin- job training skills necessary for young Social Security trust fund, over $1 tril- guish mere inconvenience and frustra- people to thrive in the workforce. Through cooperative work-based learn- lion, does not exist. Suddenly, they are tion from true suffering and the pain of wiping a couple of trillion dollars off loss. The times and the issues which ing, students are able to gain hands-on experience which is vital to long-term the books, all because they do not want face this Congress and this Nation are to take an embarrassing vote, or all be- so significant, Lord, You must silence career success. Job Corps graduates enjoy a 91 per- cause they do not want to roll back the trivial in us. their obscene tax cuts or rein in their You have called us to be Your moral cent placement rate through national partnerships with employers such as massive increases in military spending. witness and reform our lives. Free us They cannot do this to the Social Se- from complaining so to learn deter- HCR, Manor Care, the U.S. Army, and Walgreens. These partners invest in curity trust fund. It is an irrefutable mination, commitment, and persever- obligation of the Government of the ance; and prove ourselves faithful in Job Corps students and are rewarded with well-trained individuals to fill United States of America. They cannot living and unafraid to die for ever- disappear it. lasting values now and forever. Amen. their employment needs. Please join me in congratulating and f f recognizing the wonderful work that NORTH KOREA AND THE AXIS OF THE JOURNAL Job Corps provides and, most espe- EVIL The SPEAKER. The Chair has exam- cially, Job Corps directors Roy Larsen (Mr. PITTS asked and was given per- ined the Journal of the last day’s pro- of Homestead and Luis Cerezo of Miami mission to address the House for 1 ceedings and announces to the House for their dedication and hard work in minute and to revise and extend his re- his approval thereof. the south Florida community and for marks.) Pursuant to clause 1, rule I, the Jour- our young people. Mr. PITTS. Mr. Speaker, President nal stands approved. f Bush said that there is an axis of evil f governments at work in the world SOCIAL SECURITY IS AN IRREF- today, three countries ruled by evil PLEDGE OF ALLEGIANCE UTABLE OBLIGATION OF U.S. governments that sponsor terrorism, The SPEAKER. Will the gentleman (Mr. DEFAZIO asked and was given practice genocide, and seek weapons of from Nebraska (Mr. TERRY) come for- permission to address the House for 1 mass destruction. It should be pointed ward and lead the House in the Pledge minute.) out that it is the governments, the rul- of Allegiance. Mr. DEFAZIO. Well, Mr. Speaker, the ers of these three countries the Presi- Mr. TERRY led the Pledge of Alle- Republican majority has a new plan. dent has talked about, not the people giance as follows: Instead of taking on the extension of who live there.

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.

H909

. H910 CONGRESSIONAL RECORD — HOUSE March 14, 2002 No one knows better than the people He had been assigned to the Third Spe- Mr. GIBBONS. Mr. Speaker, the nu- of Iran, Iraq, and North Korea that cial Forces Group in my district at clear industry lobbyists are trying to their rulers are evil. Take, for example, Fort Bragg, North Carolina. He was the simply pull the wool over our eyes. As the boy in this picture. A German doc- first Army soldier from North Carolina well as most Members of Congress and tor who was visiting the North Korean to die in action in the Afghan war. the American people, we are gullible to countryside took this photo more than Stanley, a loving husband and father, some of their ludicrous remarks. They a year ago. He said, When I see the was a model soldier. Spending more want us to believe that by supporting brainwashing, starvation, concentra- than 16 years in the military, he hoped the Yucca Mountain project that the tion camps, medical experiments, and to complete at least 14 more before he nuclear waste problem at over 100 com- mass executions, I must say that Kim planned to retire. He dedicated his life mercial nuclear power plants will just Jong Il is an upgraded version of Hit- to the Special Forces and graduated disappear. Puff. Gone. ler’s Nazi Germany. Children like this with top honors from warrant officer Now, I am not sure how many of us school. He had been deployed in Haiti, suffer from starvation, oppression, poor believe in fairy tales; but that is ex- Kuwait, Nigeria, Germany, and for Op- medical care, while the ruling elite live actly what this is, a fairy tale of monu- eration Desert Storm. During his ca- like kings. mental proportions. The people of North Korea and other reer he earned two Meritorious Service The truth is, there are over 100 nu- axis countries live in constant fear Medals, three Army Achievement Med- clear waste sites around the country; and, while they are sorely oppressed, als, and an Army Superior Unit Award, and if Yucca Mountain was open, we they dare not complain. The people are among many others. would have not only those sites, but not the ones that the President is talk- The accolades of Chief Warrant Offi- also Yucca Mountain, and high-level ing about; it is the governments of cer Harriman’s military career speak nuclear waste traveling across the these countries that are brutally op- for themselves. I would like to high- country. After all, the waste will not pressing their people. light his strong moral character and dedication to our country. Stanley just magically appear in Nevada, it f wanted freedom. He wanted freedom for will take at least 38 years and more CONGRESS HAS FAILED AGAIN us and for his children. He believed in than 96,000 truck shipments to trans- (Mr. BLUMENAUER asked and was the fight to free the world of terrorism. port the waste from 38 States. given permission to address the House Stan loved his country, and we must Mr. Speaker, the viability of Yucca for 1 minute.) not forget the ultimate sacrifice that Mountain is not just a fairy tale, it is Mr. BLUMENAUER. Mr. Speaker, he made for us and our children. a nightmare. Protect America. Oppose yesterday’s vote in the other Chamber Recently I had the chance to visit Af- Yucca Mountain. marked another sad chapter in Amer- ghanistan and see the outstanding ica’s inability to have an energy pol- work that the Special Forces have f icy. Congress has failed again, as we done. Sheila, Barbi, and Christopher, our thoughts, our prayers, and those of unsuccessfully attempted to raise effi- THE MEDS ACT ciency standards for the first time a grateful Nation, are with you today. since 1975. f (Mr. ROSS asked and was given per- This means that this Congress has CONGRATULATIONS TO THE GIRL mission to address the House for 1 failed again to protect the environ- SCOUTS ON THEIR 90TH ANNI- minute and to revise and extend his re- ment, as we continue to consume 10 VERSARY marks.) percent of the world’s petroleum sup- (Ms. WOOLSEY asked and was given Mr. ROSS. Mr. Speaker, adverse med- ply, just to get to and from work and permission to address the House for 1 ical effects caused by patients mis- the mall. Even if they invade the Arc- minute and to revise and extend her re- using or not taking their medicine tic, relying on the most volatile region marks.) costs our health care system an esti- of the world for most of our energy is Ms. WOOLSEY. Mr. Speaker, I rise mated $170 billion every year. Trag- not going to change. today to congratulate the Girl Scouts ically, much of this cost results from We have also failed the auto workers. on their 90th anniversary. As a former seniors simply not being able to afford Now people who want energy-efficient Girl Scout, it brings me great pleasure to buy the medicines they need or not vehicles will have three choices in the to see the organization continue to knowing how best to take the drugs next model year, all from Japan. The teach girls to become strong, goal-ori- they have been prescribed. next time there is an energy shortfall, ented young women. The prescription drug benefit bill it will be foreign manufacturers in a Since 1912, the Girl Scout program that the gentlewoman from Missouri prime position to satisfy consumer de- has been helping girls develop phys- (Mrs. EMERSON) and I have introduced, mand. ically, mentally, and spiritually. Cur- the bipartisan MEDS Act, addresses Most importantly, we failed the rently, there are more than 233,000 this heavy burden on our Nation’s American public, the young people troops throughout the United States health care system. Our bill includes whose energy future we are squan- and Puerto Rico. Girls who participate provisions that cover critical medical dering and the citizens that are more in the Girl Scout program acquire self- management services to monitor and than willing to step up and meet this confidence and empowerment. They ensure seniors know what medicines challenge of protecting the environ- take on responsibility, think cre- they are taking and how to take them ment and conserving valuable petro- atively, and act with integrity. Our properly. leum resources. children are our future, and Girl Scout Some Members are concerned about I hope the public loses no oppor- programs help shape these young the cost of providing a prescription tunity to tell Congress about its mis- minds to become good citizens and drug benefit. Health insurance compa- judgment and lack of courage. good leaders. Some actually become nies are in the business of making a Members of Congress. f profit and even they cover medicine as Mr. Speaker, I am proud to have par- TRIBUTE TO CHIEF WARRANT part of their health insurance plan, be- ticipated in the Girl Scouts, and I hope OFFICER STANLEY L. HARRIMAN cause they know it helps people to get that many other girls continue to have well quicker, to live healthier life- (Mr. HAYES asked and was given the opportunity to take advantage of styles, and to live longer. permission to address the House for 1 what Girl Scouts have to offer. minute and to revise and extend his re- f Mr. Speaker, we need to put this marks.) issue into perspective and think about Mr. HAYES. Mr. Speaker, today I OPPOSE YUCCA MOUNTAIN the cost of not providing a prescription rise in tribute to Chief Warrant Officer (Mr. GIBBONS asked and was given drug benefit and the cost our overbur- Stanley L. Harriman of Wade, North permission to address the House for 1 dened health care system bears when Carolina, killed in action as a result of minute and to revise and extend his re- seniors improperly take or simply can- enemy fire during Operation Anaconda. marks.) not afford their medicines. March 14, 2002 CONGRESSIONAL RECORD — HOUSE H911 b 1015 acknowledge this. Where is our State Pat Johnson; and his father, Michael AMERICA SHOULD SUPPORT ITS Department? Does anyone care? Bring Blaschum. His efforts should remind us that all ALLY, ISRAEL Ludwig Koons and all American chil- dren home. the liberties we enjoy come with a (Mr. PENCE asked and was given per- f price. Let us always remember those mission to address the House for 1 who paid that price, and always re- minute and to revise and extend his re- INS SNAFU PROVES AGAIN THAT member Commander Blaschum. BIG GOVERNMENT CANNOT marks.) f Mr. PENCE. Mr. Speaker, it was a WORK ECONOMICALLY OR EFFI- sunny day on Monday on the south CIENTLY HAPPY 90TH ANNIVERSARY TO THE GIRL SCOUTS lawn of the White House where I had (Mr. DUNCAN asked and was given the privilege of gathering with several permission to address the House for 1 (Mr. GUTKNECHT asked and was thousand Americans to hear the Presi- minute and to revise and extend his re- given permission to address the House dent speak words to a troubled world. marks.) for 1 minute and to revise and extend He said, ‘‘There can be no peace in a Mr. DUNCAN. Mr. Speaker, the Im- his remarks.) world where differences and grievances migration and Naturalization Service Mr. GUTKNECHT. Mr. Speaker, I rise become an excuse to target the inno- has had a 250 percent increase in fund- today to say happy anniversary to the cent for murder.’’ These words, Mr. ing over the last 8 years, about 10 Girl Scouts. Ninety years ago this Speaker, were no doubt a balm for our times the rate of inflation over that pe- week, Julliette Gordon Low convened friends and allies in Israel, who have riod. Now they are trying to blame the the first Girl Scout meeting of 18 mem- been suffering under the weight of an snafu over granting student visas to bers. Ms. Low’s simple but focused all-new escalation of mindless violence, two dead hijackers over 6 months after principle that all girls should be en- suicide bombers killing even women the September 11 attacks to an anti- couraged to develop physically, men- and infant children returning from quated paper system. What a flimsy ex- tally, and spiritually has strengthened worship services. cuse. 50 million alumni. Right now, 2.7 mil- So why, Mr. Speaker, did the State In other words, even with a 250 per- lion of our Nation’s girls are guided by Department, through its spokesman, cent increase in funding, they are basi- Ms. Low’s principles. In the First District of Minnesota, Richard Boucher, call for Israel to ‘‘ex- cally saying, ‘‘If we had had even more the Girl Scout troops are strong in ercise utmost restraint to avoid fur- money, we would have done better.’’ number and strong in spirit. Sandy ther harm to civilians’’? Why did even The problem is not money, Mr. Speak- Maulkenbur of Northfield, Minnesota, the President yesterday say that er, it is a civil service system that does has recently attended NASA training. Israel’s recent military actions in self- nothing for good, dedicated employees, She shared in courses on how better to defense were ‘‘not helpful’’? but protects lazy or incompetent ones. I am confused, Mr. Speaker. We teach girls science and math. Also, in the private sector, the pres- Imagine, an entire generation of should pray for the peace of Jerusalem, sure is always on to do more and to do American girls who are excited and for those who love her of every race, better and to do more with less. These prepared for education and professional but we must stand with Israel. pressures are just not there in the Fed- service in the sciences. Sandy and 200 f eral bureaucracy, and it becomes more other adults with training from NASA apparent with each passing year that CALLING FOR THE STATE DE- will mentor Girl Scouts in science to big government cannot do anything in PARTMENT TO WORK TO BRING make this possible. an economical or efficient way. ABDUCTED AMERICAN CHILDREN The Girl Scouts have a simple prom- HOME f ise. It is a promise all Americans can (Mr. LAMPSON asked and was given IN MEMORY OF LT. COMMANDER be proud to recite, and I am proud to permission to address the House for 1 CHRISTOPHER M. BLASCHUM recite it now: ‘‘On my honor, I will try to serve God minute and to revise and extend his re- (Mr. BOYD asked and was given per- and my country, to help people at all marks.) mission to address the House for 1 times, and to live by the Girl Scout Mr. LAMPSON. Mr. Speaker, yester- minute and to revise and extend his re- law.’’ day we left off with the abduction of marks.) Happy anniversary to the Girl Ludwig Koons. On June 9, 1994, against Mr. BOYD. Mr. Speaker, I rise today Scouts. a New York court order, Ilona Staller to recognize the heroic life of Lt. Com- abducted Ludwig to Italy. A bench war- mander Christopher Michael Blaschum, f rant was issued in New York. Ms. Stall- also known as Basher, who was a 1984 URGING PRESERVATION OF COL- er kept Ludwig in hiding for over a graduate of Port St. Joe High School in LECTION OF MALCOLM X DOCU- month, and Jeff Koons had no contact Florida. MENTS with his son. He did not know where he Commander Blaschum, who will be (Mr. MEEKS of New York asked and was, if he was safe, nothing. buried tomorrow with full military was given permission to address the Due to the abduction and other cir- honors, died March 2 when his F–14 House for 1 minute and to revise and cumstances, Mr. Koons was awarded Tomcat crashed shortly after takeoff extend his remarks.) temporary custody of Ludwig pending from the USS John F. Kennedy in the Mr. MEEKS of New York. Mr. Speak- a final decision by the New York Su- Mediterranean Sea. er, recently the most extensive collec- preme Court. In the fall of 1994, the It is the ultimate sacrifice when a tion of the late Malcolm X’s writings Italian authorities charged Ms. Staller soldier or pilot dies for his country. We ever collaborated was found in the with parental kidnapping pending be- are able to enjoy the freedoms we have hands of an anonymous private owner. fore the Pretura Penale di Roma. How- today because of men like Commander The undisclosed person attempted to ever, the Italian Government stalled Blaschum and the hundreds of thou- sell the collection to the highest E-Bay and stalled. Proceedings on the charge sands of Americans who have given bidders. Fortunately, an investigation were delayed for 2 years. their lives in the fight for American looking into the legitimacy of how the In December of 1994, custody was principles over the last 225 years. current anonymous owner acquired the awarded to Jeff Koons by the Supreme Time and time again, Commander documents is pending, and the notion Court of New York. The court entered Blaschum answered the call of his of selling the collection has ceased for a final judgment dissolving the mar- country, left his family and home, and the time being. riage and blaming Ms. Staller for the served with distinction wherever he Prior to this pending investigation, breakdown of the marriage, and deem- was sent. I extend my deepest condo- the lot was to be auctioned off into two ing Jeff the most fit parent. lences and the thanks of a grateful Na- dozen private hands, completely dis- Mr. Speaker, Jeff Koons was awarded tion to the family he left behind: his persing the writings to unknown custody of Ludwig by the Supreme beloved wife, Jodi; their two young whereabouts, making it difficult, if not Court of New York, yet Italy refuses to sons, Jackson and Max; his mother, impossible, for the public to access. H912 CONGRESSIONAL RECORD — HOUSE March 14, 2002 Many of these documents were writ- warmly reestablished friendships with Mr. DIAZ-BALART. Mr. Speaker, ten during the leader’s last year, the the people of America. House Resolution 366 is an open rule last year of his life. The reflections of With its strategic location in south- providing for the consideration of H.R. Malcolm X’s innermost thoughts in eastern Europe, with its talented peo- 2146, the Two Strikes and You’re Out these documents are of significance not ple, and with its enthusiasm for democ- Child Protection Act. only to his devout followers, but for all racy, I support Bulgaria’s admission The rule provides for 1 hour of gen- who thirst for wisdom. Knowledge is into NATO as soon as possible. I con- eral debate, evenly divided and con- priceless, and those who place a price gratulate Ambassador Elena trolled by the chairman and the rank- on knowledge may never come to real- Poptodorova and Foreign Minister Sol- ing minority member of the Committee ize its true value. omon Passy for their efforts for coordi- on the Judiciary. The rule further pro- Good luck to the family of the Hon- nated defense in Europe. vides that the amendment in the na- orable El Hajj Malik El Shabazz. f ture of a substitute recommended by f TWO STRIKES AND YOU’RE OUT the Committee on the Judiciary now printed in the bill shall be considered SCANDALOUS INS ERROR SHOULD CHILD PROTECTION ACT as an original bill for the purpose of LEAD TO REFORM Mr. DIAZ-BALART. Mr. Speaker, by amendment. (Ms. JACKSON-LEE of Texas asked direction of the Committee on Rules, I 1030 and was given permission to address call up House Resolution 366 and ask b the House for 1 minute and to revise for its immediate consideration. This is a fair rule that will allow The Clerk read the resolution, as fol- and extend her remarks.) Members ample opportunity to offer lows: Mr. JACKSON-LEE of Texas. Mr. amendments and debate this important Speaker, scandalous. Mr. Speaker, ab- H. RES. 366 issue. solutely scandalous, when the INS Resolved, That at any time after the adop- I can think of few crimes, Mr. Speak- tion of this resolution the Speaker may, pur- er, as serious as the sexual abuse of issues a visa to two deceased terrorists suant to clause 2(b) of rule XVIII, declare the who in fact were part of the September House resolved into the Committee of the children. I personally favor the death 11 tragedy. Whole House on the state of the Union for penalty for the criminals that we are What needs to be done is that the consideration of the bill (H.R. 2146) to amend dealing with in this legislation. INS has to be demanded right now to title 18 of the United States Code to provide Though this legislation does not go implement their visa tracking system. life imprisonment for repeat offenders who that far, it does treat repeat child mo- The President has to order them to im- commit sex offenses against children. The lesters in a severe fashion. first reading of the bill shall be dispensed H.R. 2146 would establish mandatory plement the program that already ex- with. All points of order against consider- ists. ation of the bill are waived. General debate sentences of life imprisonment for What else has to happen? The INS shall be confined to the bill and shall not ex- twice convicted child sex offenders. has to be restructured, not abolished. ceed one hour equally divided and controlled This bill would apply to individuals We must recognize that there are two by the chairman and ranking minority mem- committing sexual offenses against distinct responsibilities, but they must ber of the Committee on the Judiciary. After persons under the age of 17. Child sex be coordinated by a Deputy Attorney general debate the bill shall be considered offenders pose a very serious threat to for amendment under the five-minute rule. It society. Studies have shown that a sin- General for Immigration Affairs. shall be in order to consider as an original What must they do? Deal with the bill for the purpose of amendment under the gle child molester can abuse hundreds services aspect, for those who want to five-minute rule the amendment in the na- of children. This number is particu- access legalization, those who are hon- ture of a substitute recommended by the larly troubling when one considers that est immigrants, and then coordinate Committee on the Judiciary now printed in the abuse of one child is far too many. with the enforcement so that we can the bill. The committee amendment in the Perpetrators of these unthinkable stop at the borders the terrorists who nature of a substitute shall be considered as crimes steal the innocence of our Na- want to come into our Nation. read. During consideration of the bill for tion’s children and corrupt society. Ac- amendment, the Chairman of the Committee cording to the committee report, Mr. Visas to deceased terrorists? Out- of the Whole may accord priority in recogni- rageous and scandalous. The President tion on the basis of whether the Member of- Speaker, victims experience severe needs to order the INS now: Put that fering an amendment has caused it to be mental and physical health problems tracking system in place today and printed in the portion of the Congressional as a result of these crimes. These prob- make it work. Record designated for that purpose in clause lems include increased rates of depres- 8 of rule XVIII. Amendments so printed shall f sion and suicide as well as all sorts of be considered as read. At the conclusion of other serious problems. BULGARIA consideration of the bill for amendment the We must do everything in our power Committee shall rise and report the bill to (Mr. WILSON of South Carolina the House with such amendments as may to ensure that repeat sex offenders are asked and was given permission to ad- have been adopted. Any Member may de- kept off of our streets. Mr. Speaker, we dress the House for 1 minute and to re- mand a separate vote in the House on any sadly live in a world where children are vise and extend his remarks.) amendment adopted in the Committee of the all too often forced to grow up much Mr. WILSON of South Carolina. Mr. Whole to the bill or to the committee too quickly. I ask that my colleagues Speaker, on Tuesday, I welcomed to amendment in the nature of a substitute. help us in protecting our children from Capitol Hill Ambassador Elena The previous question shall be considered as sexual offenders by passing this critical ordered on the bill and amendments thereto Poptodorova and Foreign Minister Sol- to final passage without intervening motion piece of legislation. omon Passy of the Republic of Bul- except one motion to recommit with or with- I would like to thank the gentleman garia. Ms. Poptodorova and Mr. Passy out instructions. from Wisconsin (Mr. GREEN); the gen- have been dynamic leaders to promote The SPEAKER pro tempore (Mr. tleman from Wisconsin (Mr. SENSEN- the establishment of democracy in Bul- TERRY). The gentleman from Florida BRENNER), the distinguished chairman garia. (Mr. DIAZ-BALART) is recognized for 1 of the Committee on the Judiciary; and My appreciation of the people of Bul- hour. all those who have worked so diligently garia began in June, 1990, when I served Mr. DIAZ-BALART. Mr. Speaker, for to bring this legislation forward. as an election observer for the Inter- purposes of debate only, I yield the cus- Accordingly, Mr. Speaker, I urge my national Republican Institute. I saw tomary 30 minutes to the gentleman colleagues to support both the rule and firsthand the end of Communist totali- from Ohio (Mr. HALL), pending which I the underlying legislation. tarianism and the birth of democracy. yield myself such time as I may con- Mr. Speaker, I reserve the balance of Over the last decade, democracy has sume. During consideration of this res- my time. flourished in Bulgaria, and its economy olution, all time yielded is for the pur- Mr. HALL of Ohio. Mr. Speaker, I grew 5 percent last year. In the war on pose of debate only. yield myself such time as I may con- terrorism, Bulgaria has been an enthu- (Mr. DIAZ-BALART asked and was sume. siastic ally of NATO and the United given permission to revise and extend I want to thank the gentleman from States. The people of Bulgaria have his remarks.) Florida (Mr. DIAZ-BALART) for yielding March 14, 2002 CONGRESSIONAL RECORD — HOUSE H913 me the time. This is an open rule. It then I would like to move to another House on the State of the Union for the will allow for the consideration of a discussion, Mr. Speaker, and that is of consideration of the bill (H.R. 2146) to bill that would establish a mandatory a present circumstance that is going on amend title 18 of the United States sentence of life in prison for anyone in my district right now. I am going to Code to provide life imprisonment for convicted a second time for sexual of- ask this House to weigh the germane- repeat offenders who commit sex of- fenses against children. ness that might be raised against an fenses against children, with Mr. The legislation applies only to cases amendment that I propose because we TERRY in the chair. on Federal properties such as military have a problem, and I believe this is a The Clerk read the title of the bill. bases and national parks. As my col- Federal problem. The CHAIRMAN. Pursuant to the league has described, this rule provides As I speak, a 13-year-old in Houston, rule, the bill is considered as having for 1 hour of general debate to be Texas, has been abducted, someone who been read the first time. equally divided and controlled by the simply wanted to do her homework Under the rule, the gentleman from chairman and ranking minority mem- Sunday night. She lives in an apart- Wisconsin (Mr. SENSENBRENNER) and ber of the Committee on the Judiciary. ment. She is an immigrant, Spanish the gentleman from Virginia (Mr. The rule permits amendments under speaking. She just wanted to go 100 SCOTT) each will control 30 minutes. The Chair recognizes the gentleman the 5-minute rule. This is the normal feet down the street to get a Sunday amending process in the House. All from Wisconsin (Mr. SENSENBRENNER). newspaper dutifully doing a school Mr. SENSENBRENNER. Mr. Chair- Members on both sides of the aisle will project. And her mother indicated, can man, I yield myself such time as I may have the opportunity to offer germane you wait till Monday morning, and my consume. amendments. colleagues know how good students are I rise in support of H.R. 2146, the Two Mr. Speaker, sex offenses against in the 7th grade. She said she needed Strikes and You’re Out Child Protec- children are among the disturbing the Sunday paper. Lo and behold, on tion Act. This bill would establish a crimes in our society and each attack Monday morning when she did not re- mandatory sentence of life imprison- can be a tragic event that will leave a turn or early that morning when the ment for twice-convicted child sex of- permanent psychological scar on its mother was frantic, the police found fenders. victim. Punishment should be severe. sneakers scattered, papers scattered The bill states that any person con- It is important to lock up offenders so and obviously something has gone victed of a Federal sex offense against that they do not have the opportunity awry. a person under the age of 17 who has to strike again. This is the justifica- What a tragedy, Mr. Speaker, that been previously convicted of a similar tion behind this bill. here in the face of this legislation we offense at the State or Federal level However, I must use this opportunity now have a circumstance that this would be subject to a mandatory min- to express some concern over elimi- child is missing, but let me tell my col- imum sentence of life imprisonment. nating the flexibility of the courts to leagues the absolute insult. The term ‘‘Federal sex offense’’ in- make the sentence fit the unique As the officers were poring over lists cludes various crimes of sexual abuse events behind a particular case. Ex- of known sexual offenders, concen- committed against children and the perts have pointed to a number of un- trating on the girl’s neighborhood, the interstate transportation of minors for desirable practices that could occur by Texas Department of Public Safety sexual purposes. requiring such a strict sentence regard- lists 25 registered sex offenders in one According to the Justice Depart- less of the circumstances. ZIP code. This is unbelievable. This has ment’s Bureau of Justice Statistics, Mr. Speaker, this is an open rule. no sense to it. This is a tragedy in its since 1980 the number of persons sen- Members will have a chance to change own making, and I hope the leaders of tenced for violent sexual assault other this bill. They will have the oppor- this legislation can find some sense to than rape increased annually by an av- tunity to perfect it through the amend- allowing an amendment that inves- erage of nearly 15 percent, which is ment process. I support the rule. tigates how we can put 25 sex offenders faster than any other category of vio- Mr. Speaker, I reserve the balance of in one ZIP code, and this has to do with lent crime. Of the estimated 95,000 sex my time. Federal funding and a nexus as to offenders in State prisons today, well Mr. DIAZ-BALART. Mr. Speaker, I whether or not these States should over 60,000 most likely committed their reserve the balance of my time. have these dollars. We have to find crime against a child under age 17. Mr. HALL of Ohio. Mr. Speaker, I some other way of dealing with this. Compounding this growing problem yield 3 minutes to the gentlewoman Mr. Speaker, thanks very much for is the high rate of recidivism among from Texas (Ms. JACKSON-LEE). the tolerance of my outrage, but we sex offenders. A review of frequently (Ms. JACKSON-LEE of Texas asked need an amendment that will stop put- cited studies of sex offender recidivism and was given permission to revise and ting this overabundance of sex offend- indicates that offenders who molest extend her remarks.) ers in one neighborhood; and we need young girls repeat their crimes at rates Ms. JACKSON-LEE of Texas. Mr. to find little Laura Ayala now. up to 25 percent and offenders who mo- Speaker, I am sorry my voice is a little Mr. HALL of Ohio. Mr. Speaker, I lest young boys at rates up to 40 per- raspy, but my heart is certainly not have no further requests for time, and cent. Moreover the recidivism rates do raspy but concerned about the nature I yield back the balance of my time. not appreciably decline as offenders of the acts against children when they Mr. DIAZ-BALART. Mr. Speaker, I age. are sexually molested or abducted; and yield back the balance of my time, and Another factor that makes these so in general I think the idea of ac- I move the previous question on the numbers disturbing is that many seri- knowledging the viciousness of those resolution. ous sex crimes are never reported to who would sexually molest and abduct The previous question was ordered. authorities. National data and criminal children is very valuable. And the The resolution was agreed to. justice experts indicate that sex of- underpinnings of this legislation, I rec- A motion to reconsider was laid on fenders are apprehended for a fraction ognize the importance of and clearly the table. of the crimes they commit. By some es- believe that we should move in the di- The SPEAKER pro tempore (Mr. timates, only one in every three to five rection, however, with one concern as GREEN of Wisconsin). Pursuant to serious sex offenses are reported to au- the ranking member indicated, wheth- House Resolution 366 and rule XVIII, thorities, and only 3 percent of such er or not our Federal judges would the Chair declares the House in the crimes ever result in the apprehension have some discretion to deal with cases Committee of the Whole House on the of an offender. that warrant determinations of dif- State of the Union for the consider- Studies confirm that a single child ference other than what this legisla- ation of the bill, H.R. 2146. molester can abuse hundreds of chil- tion proposes. dren. It goes without saying that any As I speak to that issue, I believe and b 1039 attack is devastatingly tragic for the hope that my amendment concerning a IN THE COMMITTEE OF THE WHOLE victim and will leave a scar that will study of the impact of this legislation Accordingly, the House resolved be carried throughout life. Victims ex- would be received and accepted. And itself into the Committee of the Whole perience severe mental and physical H914 CONGRESSIONAL RECORD — HOUSE March 14, 2002 health problems as a result of these would be deserved. To get the cases for son is its title, the baseball phrase crimes. These problems include in- which 15 years is not harsh enough, we ‘‘two strikes and you’re out.’’ If ‘‘two creased rates of depression and suicide, can increase the maximum penalty. So, strikes and you’re out’’ is not even as well as reproductive problems. The Mr. Chairman, at the appropriate time, good baseball policy, why would we ar- effect of sexual abuse resonates from I will offer an amendment to raise the bitrarily conclude it is good crime pol- victim to family and continues to maximum possible sentence for viola- icy? weave through the fabric of our com- tions of 2243(a) to life imprisonment, Another major concern is that it munities. and leave it to the Sentencing Commis- would have the chilling effect on vic- Children have the right to grow up sion and the courts to distinguish tims coming forward to report sex protected from sexual predators and which cases deserve harsher punish- crimes if the victim knows the result free from abuse. H.R. 2146 will protect ment than 15 years, rather than taking will be that the perpetrator will have America’s children by permanently re- the draconian approach in this bill and to serve life without parole. For exam- moving the worst offenders from our mandating life without parole for all ple, a teen victim may be reluctant to society, those who repeatedly victimize cases, regardless of circumstances. turn in an older sibling or other family children. One thing should be clear, Mr. Chair- member if they know that the offender Mr. Chairman, I urge my colleagues man, the bill only applies where there will have to face life without parole. to support this legislation. is Federal jurisdiction. Therefore, none In addition, H.R. 2146 would lead to a Mr. Chairman, I reserve the balance of the cases, virtually none of the cases victim being killed to lessen the risk of of my time. that will be referred to by the sup- being caught. The law professor and Mr. SCOTT. Mr. Chairman, I yield porters of the bill will be affected by criminologist who testified before the myself such time as I may consume. the bill because those are State cases. Subcommittee on Crime on an earlier I rise in opposition of H.R. 2146. It is The Federal jurisdiction would be version of this bill stated that facing a perfect example of what the Judicial those on Native American reservations, life without parole, a sex offender Conference of the United States Courts national parks and U.S. maritime ju- would have little further to lose by describes as the type of legislation that risdiction. eliminating the victim, who is often an ‘‘severely distorts and damages the Only a few cases fall under that juris- important witness against the offender. Federal sentencing system and under- diction, the requirement of Federal ju- Now, considering the penalty for sec- mines the sentencing guideline regi- risdiction; at least the information we ond-offense murder is less than second- men established by Congress to pro- have gotten from the Sentencing Com- offense petting, we can see why this is mote fairness and proportionality in mission is that it might affect 60 cases. a concern. So, Mr. Chairman, I oppose our sentencing system.’’ But virtually all of those cases will be the bill in its present form, but believe Under the bill, Mr. Chairman, the for Native Americans on reservations. we can fix the worst problems in it, and mandatory minimum penalty for sec- It is unfair that Native Americans I, along with other colleagues, will ond offense of consensual touching by will be subjected to such a grossly dis- offer amendments designed to do so. an 18-year-old of his 14-year-old proportionate impact from the draco- Mr. Chairman, I reserve the balance girlfriend is life imprisonment without nian legislation just because they live of my time. parole, the same penalty for a sexual on a reservation. The bill will create Mr. SENSENBRENNER. Mr. Chair- offense against a child which results in the anomaly of two like offenders com- man, I yield 4 minutes to the gen- the child’s death. mitting the same offense in the same tleman from Wisconsin (Mr. GREEN), Mr. Chairman, 2243(a) violations State with one getting probation and who is the author of the bill. which are included in the bill involve the other getting life without parole Mr. GREEN of Wisconsin. Mr. Chair- consensual acts between a 13- to 15- because he lives on a reservation. man, I thank the gentleman for yield- year-old minor and someone who is at That is why, Mr. Chairman, I will ing me this time, and I begin by thank- least 18 years of age, more than 4 years offer another amendment that will ing my friend and colleague from Wis- older than the minor. ‘‘Sexual act’’ is allow tribal governments to opt out of consin for his work in bringing this bill broadly defined to include even consen- the provision of the bill in the same forward. I appreciate it very, very sual touching. And since attempts are manner as we did for the ‘‘Three much. punished in the same manner under the Strikes and You’re Out’’ bill a few First, let me say that this bill is not law as the completed act, even a second years ago. There is no evidence that new to this House. This House has al- attempted touching mandates life there is any particular problem with ready passed the bill twice on a voice without parole. sex crimes against children on reserva- vote. The State version of this legisla- An older sexual predator may well tions or any other Federal jurisdiction, tion is already the law in Wisconsin, deserve life without parole for even at- and there is nothing to suggest that to and other States are looking at it. The tempted consensual touching, but no whatever extent there is a problem it is cosponsorship of this legislation is bi- rational sentencing scheme would treat not being appropriately dealt with partisan. In fact, it includes the chair- an 18-year-old attempting to touch a under Federal jurisdiction now. man of the Democratic Caucus. 14-year-old girlfriend in the same man- Interestingly enough, Mr. Chairman, The reason this bill has such strong ner. prior marriage is a bar to prosecution support is that its objective is unas- under 2243(a). All over this Nation, sailable, preventing repeat child mo- b 1045 States recognize the rights of parents lesters from continuing to prey upon Proponents of the bill suggest that a to give consent to a minor, often as our young kids. This bill is a very sim- second consensual offense between young as 13, where the spouse could be ple one. It does not federalize any teens could not occur because by the as old as 40 or older. In all likelihood, crimes. It does not change the terms of time the first case is over, the offender, before the marriage, they will have underlying criminal laws. This bill is who has served his sentence, would no been committing offenses which could not about sending a message, this bill longer be a teen. This does not take result in life without parole under the is not about deterring crime, it is into account the fact that the likely bill. If there is any debate within the about getting bad guys off the streets judgment for such a first offense would family about the appropriateness of the so they cannot attack more innocent be probation. All it takes for these marriage, life without parole creates children. kinds of cases to end up in court is a an interesting new idea about the shot- This bill says very simply, If you are determined parent and equally deter- gun wedding. arrested and convicted of a serious sex mined teens, and, bam, life without pa- The problem with this bill, Mr. crime against kids, and then after you role for what children refer to as ‘‘pet- Chairman, is the problem of mandatory have done your time and you are re- ting.’’ sentences in general. They eliminate leased, you do it yet again, that is the The current penalty maximum for a reason and discretion in order to pro- end of the line. You are going to go to second offense under 2243(a) is 15 years. mote the politics of tough on crime. prison for the rest of your life. No more We do not have to mandate life in pris- There is no study or data or other rea- chances and, Lord willing, no more vic- on to get all of the cases for which life soned basis for this bill. The entire rea- tims. March 14, 2002 CONGRESSIONAL RECORD — HOUSE H915 Now, my good friend and colleague, tory life imprisonment of a person con- Now, I know there are some who wish the gentleman from Virginia (Mr. victed of a Federal sex offense in which to make some changes in this legisla- SCOTT), said there are no good studies a minor is the victim, when the person tion, like exempting certain groups or for this bill. I could not disagree more. has previously been convicted of a geographic areas from its application. Study after study supports this bill. A State or Federal child sex offense. This We cannot allow that to happen. Ex- 1992 study from the National Center for is important legislation that will pro- empting some would only create a safe Missing and Exploited Children found tect our children from sexual preda- harbor for these predators to prey. If that the average pedophile commits 281 tors. we exempt a certain area, we are say- offenses, with an average of 150 vic- Studies have shown that sex offend- ing to those children, Your safety and tims. One hundred fifty victims. There ers and child molesters are four times well-being matters less than our chil- are other studies that do much more; more likely than other violent crimi- dren’s. the numbers are higher. For purposes nals to recommit their crimes. Even Mr. Chairman, in this time of war, it of the debate today, we have tossed out more disturbing is the number of vic- is important for us to focus on foreign those high numbers. We have come up tims the average pedophile abuses in a predators who wish to end our exist- with an average of 201. lifetime. While any criminal’s subse- ence and our democracy, but we cannot So think about that number as we quent offense is of public concern, pre- forget to focus on those who wish to have the debate today, 201 victims per venting child sexual predators from re- take advantage of the fairness and pedophile. There are other studies, as I peating crimes is particularly impor- mercy of our judicial system by harm- said, that put the number higher. tant, given the irrefutable harm that ing our most vulnerable, our children. Those studies recently caused former these offenses cause victims and the Please join me in supporting H.R. 2146. Attorney General, Democratic Attor- fear they generate in the community. ney General, Janet Reno to estimate Sexual assault is a terrifying crime b 1100 that the recidivism rate of child mo- that can leave its victims with phys- Mr. SCOTT. Mr. Chairman, I yield 2 lesters is 75 percent. ical, emotional, and psychological minutes to the gentleman from Ken- This bill is necessary because, thank- scars. tucky (Mr. LUCAS). fully, the number of attackers is rel- Mr. Chairman, this legislation will Mr. LUCAS of Kentucky. Mr. Chair- atively small; but tragically, the num- provide law enforcement officials with man, I thank the gentleman from Vir- ber of victims, the number of lives de- the ability to permanently remove ginia (Mr. SCOTT) for yielding me this stroyed, innocence stolen, is incredibly those individuals from our society, who time, even though we are on opposite and unacceptably high. If someone is have demonstrated that they will con- sides of this issue. arrested and convicted of a serious sex tinue to prey upon our children if not I rise in support of the Two Strikes crime against kids, and then after they incarcerated. and You’re Out Child Protection Act. I are released, they do it yet again, they Based upon the testimony before the thank the gentleman from Wisconsin have shown that they are unwilling or Subcommittee on Crime, this bill en- (Mr. GREEN) for his hard work on this unable to help themselves. We must get joys broad support from victims’ rights legislation. them off the streets so their reign of organizations, correction officials, as I think too often Americans have terror will end. well as those who suffer from sex of- heard the cases of heinous crimes com- Congress must stop this tragedy. It is fenders’ actions. Mr. Chairman, I urge mitted against children by criminals happening in too many places across my colleagues to support this legisla- who turn out to be repeat offenders. this country to too many young people, tion. Despite the best efforts of local and to too many families. I urge our Mem- Mr. SCOTT. Mr. Chairman, I reserve State law enforcement officers, con- bers to take this measure up. Let us the balance of my time. victed pedophiles still threaten the Mr. SENSENBRENNER. Mr. Chair- get this done quickly. This is impor- well-being of our children. I believe we man, I yield 2 minutes to the gen- tant. This will save lives. must do everything we can to keep sex Mr. SCOTT. Mr. Chairman, I yield tleman from Minnesota (Mr. KENNEDY). Mr. KENNEDY of Minnesota. Mr. offenders off the street and away from myself such time as I may consume our youth. This bill takes a step in the just to point out that the cases that Chairman, I am here this morning to show my strong support for H.R. 2146, right direction. Many States have al- have been mentioned probably do not ready passed laws known as Megan’s even come under the bill. the Two Strikes and You’re Out Child laws to notify communities when a sex First of all, if the average is 201 be- Protection Act, sponsored by my good offender moves into the neighborhood. fore apprehension, the bill will have no friend, the gentleman from Wisconsin Today, we have an opportunity to see effect because it will not be a second (Mr. GREEN). This legislation would offense. Second, you have to charge at bring to justice the worst kind of sex- that some of these offenders never have least one of them as being on Federal ual predators in our Nation, those who the opportunity to move into our property after the prior conviction. prey on our children. neighborhoods in the first place. And, third, it does include misbehaving Statistics have shown that giving Today, by passing the Two Strikes teenagers. these predators two strikes is more and You’re Out Child Protection Act, The bill needs to be reworked. It can than enough for what they are doing to we can ensure that these lowest of all get those we are trying to get, but it is our children. Actual rates of repeat of- criminals are moved out of residential overinclusive and many people who do fenders are two-and-a-half times higher blocks in our communities and moved not deserve life without parole will be than are reported. A study of offenders, into the cells of Federal prisons. brought up under it. as the gentleman from Wisconsin (Mr. I support this bill wholeheartedly. I Mr. Chairman, I reserve the balance GREEN) was referring to earlier, shows urge my colleagues to do so. of my time. those with two offenses each, in actu- Mr. SCOTT. Mr. Chairman, I yield Mr. SENSENBRENNER. Mr. Chair- ality, in one study, were found to have myself such time as I may consume, man, I yield 3 minutes to the gen- 110 different victims and committed 318 just to mention that if someone is tleman from Texas (Mr. SMITH), who is different offenses each. And, sadly, it is caught molesting 300 children, it is the chairman of the Subcommittee on obvious that victims of child sex of- hard to believe that with consecutive Crime. fenders have a higher risk of depression sentences that they would ever get out, Mr. SMITH of Texas. Mr. Chairman, I and suicide and are more likely to first or second offense. This also, unfor- thank the gentleman from Wisconsin, abuse alcohol and drugs. tunately, includes misbehaving teen- the chairman of the Committee on the I know this will be a stringent and agers who would be treated, under this Judiciary, for yielding me this time, difficult guideline, but as a man with bill, worse than murderers. and I strongly support H.R. 2146, the four children of my own, I think it is Mr. Chairman, I yield back the bal- Two Strikes and You’re Out Child Pro- time that we crack down. Ronald ance of my time. tection Act, introduced by the gen- Reagan said that government’s first Mr. SENSENBRENNER. Mr. Chair- tleman from Wisconsin (Mr. GREEN). duty is to protect the people. By pass- man, I yield the balance of my time to This bill will amend the Federal ing this important legislation, we the gentleman from Wisconsin (Mr. Criminal Code to provide for manda- stand up and say ‘‘no.’’ GREEN). H916 CONGRESSIONAL RECORD — HOUSE March 14, 2002 Mr. GREEN of Wisconsin. Mr. Chair- bill is very simply, given these num- You’re Out Child Protection Act. I believe the man, I thank the gentleman from Wis- bers, given the recidivism rate, this is youth of this Nation are our most important consin (Mr. SENSENBRENNER) for yield- simply about taking these sick mon- and precious commodity, and those who vio- ing me this time, and I want to also sters off the streets, away from late these children must be punished to the thank the gentleman from Kentucky schools, away from our children, to fullest extent of the law. (Mr. LUCAS) for his support for this leg- protect our children, to protect our Unfortunately, we have all seen what the islation. families, to try to end the cycle of hor- abuse, both physical and mental, can do to The issue just raised by my friend rific violence that is every parent’s the victims of these sexual predators. It is dev- and colleague, the gentleman from Vir- nightmare. That is what this bill is astating, and those wounds do not heal even ginia (Mr. SCOTT), about the so-called about, these three numbers. when these children reach adulthood. In addi- casual teenage statutory rape scenario, I urge my colleagues to support this tion, studies have shown that child sex offend- we will talk about a little later on. I bill. Let us get this on the Senate’s ers are more likely to reoffend than any other think Members will see that is not an desk. Let us encourage the Senate to type of criminal, and there is nothing more applicable scenario to this legislation. act. Let us break the cycle of violence. frightening to a parent than the thought of one But, Mr. Chairman, what I would like Mr. BLUMENAUER. Mr. Chairman, I rise of these monsters having any kind of contact to do here is focus everyone’s attention today in support of H.R. 2146, the Two Strikes with their children. I firmly believe that these to this chart. On this chart there are and You’re Out Child Protection Act. One rea- repeat offenders should be permanently three numbers. These three numbers son I support this legislation is because, it is locked away, not only as punishment, but also are important because I believe that estimated that child molesters are four times to protect children who are defenseless this whole debate really comes down to more likely than other violent criminals to re- against these predators. these three numbers. These three num- commit their crime. In closing, I would like to reiterate my strong bers say it all: 16, 75, and 511. What do Despite my support, I am concerned that support for this legislation. As a parent and a those numbers stand for? this legislation, since it only applies in Federal representative of the citizens of this country, I Sixteen. Sixteen represents the num- jurisdiction, will have a disproportionate racial believe we must implement every safeguard ber of years that a sexual offender com- impact on Native Americans. I am pleased possible to protect our children. We cannot af- mits his crime before he is caught. So that my colleague BOBBY SCOTT offered an ford to stand idly by and allow the evil-doers when you see a sexual offender on tele- amendment to add a new section including that prey on children to ruin any more lives. vision, of someone being caught, con- special provisions for lands occupied by Na- These individuals must be locked away, for victed and being tried for their offense, tive Americans. However, the amendment life. understand that, on average, he has failed by voice vote. It is my hope that as this Ms. KILPATRICK. Mr. Chairman, first and been doing this for 16 years before he bill is forwarded to the Senate, attempts to ad- foremost let it be known that I strongly support gets caught. Sixteen. Think of how dress this imbalance will occur. the protection of children from child molesters much damage and destruction, how Mr. STARK. Mr. Chairman, I rise today in and the punishment of those who molest chil- many lives he has destroyed. reluctant opposition to H.R. 2146, the Two dren to the full extent of the law. I am, how- The second number, 75. Seventy-five Strikes and You’re Out Child Protection Act. ever, concerned that the use of mandatory is the recidivism rate for child molest- Protecting our children from abuse is of para- minimum sentencing guidelines is not the right ers as estimated by Attorney General mount importance. Unfortunately, the poten- direction to take. This measure is another ex- Janet Reno, a Democrat. She wrote tially harmful consequences of this bill out- pansion of the use of mandatory minimum this last year in an article that she be- weigh its benefits. sentencing without the benefit of studying their lieves the recidivism rate is about 75 My primary concern with H.R. 2146 is its true impact. Mandatory minimum sentences, percent. Again, that goes to what we mandatory sentencing requirements. Manda- particularly as they pertain to drug sentencing, have been saying all along, that these tory sentencing laws tie the hands of judges. have resulted in a skyrocketing prison popu- are unusual crimes. This is not run-of- Such laws remove the flexibility judges need lation with no end in sight. Our prisons today the-mill crime in any sense of the to carefully review every case and assess the are filled with nonviolent drug offenders serv- word. And that if we have someone who individual circumstances of their cases. For ing harsh sentences for acts that treatment is arrested and convicted of a serious example, this bill could force a judge to sen- might better address. I believe that our experi- sex crime against kids and they have tence someone to life in prison for a minor of- ence in this area has shown that crimes are done it yet again after they are re- fense. Furthermore, in some abuse cases, best assessed on a case-by-case basis, by a leased, studies tell us, the numbers tell particularly those involving family members, judge and jury of one’s peers. I do not believe us they are going to do it again and treatment and counseling may effectively ad- we should enact more legislation that takes again and again unless we stop them. dress the offending behavior. This bill would the administration of justice away from our Na- Five hundred eleven. This is the most eliminate the prospect for such treatment. tion’s judges. troubling number of all. This is a num- When sentencing, judges need to have the Mr. SMITH of New Jersey. Mr. Chairman, ber that I do not make up. This is a discretion to determine when a plaintiff is a today I rise in strong support of H.R. 2146, the number that comes from a study done sexual predator that could threaten other chil- Two Strikes and You’re Out Child Protection in the year 2000 by ‘‘Sex Abuse,’’ the dren, versus someone whose problems could Act. The premise of the bill is simple: if you journal of research and treatment into be addressed through treatment, counseling or are convicted twice of any Federal sex crime, this area of sexual offenders. Five hun- other means. and the crimes take place on Federal prop- dred eleven represents the average In addition to my concerns about mandatory erty, then you go to prison for life. number of crimes committed by admit- sentencing, this bill has an unintended racial Study after study shows that criminals who ted child molesters; 511 per molester. bias. This bill is limited to cases falling under prey upon children are more likely to reoffend That number is so large, it is hard for federal jurisdiction, meaning it would apply pri- than any other category of criminal. According us to even imagine, to even com- marily to Native Americans on reservations. It to a 1999 study by the Center for Sex Of- prehend it. And we cannot comprehend would have no effect on the type of cases fender Management, 16 years goes by before it, because these individuals are sick. used to justify the bill, such as the Polly Klaus the average sex offender is caught and a re- They are sick monsters in every sense case. That was a state case and so this bill cent 2000 study in the issue of sex abuse of the word. But once again, these would have no effect. There is no evidence to found that the average sex offender commits numbers tell us that if someone is ar- suggest that child abuse is particularly preva- 511 crimes. As you know, they victimize, on rested and convicted of a serious sex lent on Native American reservations, so this average, hundreds of children and commit crime against kids and they serve their bill unfairly singles them out. several hundred different offenses and unfor- time and they are released, if they do We need strong laws to protect children tunately, they are prosecuted for only a tiny it yet again, they are self-identified. from abuse. Such laws, however, must give fraction of their horrific acts. They have told the world that they are our judges the proper authority to best protect Mr. Chairman, these statistics are all too either unwilling or unable to help the interests of our children and their families. real—in my district in New Jersey, a 7-year- themselves. Congress has to step in. In that regard, this bill falls short, so I must re- old girl, Megan Kanka, was raped and then This bill is not about sending a mes- luctantly vote against the bill. murdered by her neighbor, Jesse sage. This bill is not about piling on. Mr. RILEY. Mr. Chairman, I am pleased to Timmendquas in 1994. He was a two-time This bill is not about deterrence. This support H.R. 2146, the Two Strikes and convicted sex offender who was released March 14, 2002 CONGRESSIONAL RECORD — HOUSE H917 early from prison after serving 6 years of a 10 Mr. GILMAN. Mr. Chairman, I rise in strong who have experienced first-hand, the horrors year sentence. Mr. Timmendquas lived across support of H.R. 2146, the Two Strikes and perpetrated by sex offenders and the pain and the street from the Kanka family in a house he You’re Out Child Protection Act which will helplessness of their victims and the victims’ shared with two other sex offenders—and amend the current code and provide for no families. I believe that Congress must do all neighbors were not aware of their criminal less than automatic life imprisonment for re- that we can to recognize these horrors and past. peat child sex offenders. approach solutions intelligently, and with level In light of Megan Kanka’s horrific tragedy, I There are few crimes which are as evil and heads. worked alongside my colleagues to pass heinous as those committed by sexual preda- Having said that, I must raise my concerns ‘‘Megan’s Law.’’ At first, this legislation was tors against innocent children. Those sick, with the bill before us, H.R. 2146, the ‘‘Two established at the State level. Later, we were twisted individuals not only destroy the lives Strikes and You’re Out Child Protection Act.’’ successful at winning support at the Federal and the innocence of the children upon whom This bill would mandate that any person level to require states to inform the public they prey, but they also impact forever on en- convicted of a ‘‘Federal sex offense’’ be im- when dangerous sex offenders are released tire families and communities. prisoned for life if that person was previously from prison and move to their neighborhoods. It is estimated that over two-thirds of the sex convicted of a similar offense under either fed- The combination of the Two Strikes You’re criminals imprisoned today preyed on minors. eral or state law. Out Child Protection Act, and Megan’s Law, Moreover, studies show that child sex offend- Federal sex offense is defined in H.R. 2146 will provide important tools to protect our com- ers are more likely to reoffend than any other to include offenses sexual abuse, abusive sex- munities from sex offenders. It is my hope that category of criminal. Accordingly, this legisla- ual contact, and the interstate transportation of we will eventually expand the Two Strikes and tion is the least we can do to ensure that minors for sexual purposes. However, this You’re Out Child Protection Act nationwide, these deviants are not provided the oppor- measure does not include the pornography or and into all states and territories. tunity to commit these egregious crimes again coercion and enticement crimes, and limits of- The people who repeatedly sexually molest and again. Once is unspeakable. Twice should fenses to those involving a minor. children do not deserve to roam free. When be life. Accordingly I urge my colleagues to Of course, I support efforts to adequately they are free, they molest children. Until mod- vote ‘‘yes’’ on this important and timely legisla- punish those convicted of multiple sex crimes, ern medicine can cure the sick mind that com- tion. and as a parent, I sympathize and recognize pels sex offenders to commit their horrific Mr. PAUL. Mr. Chairman, as an OB–GYN the efforts and passions of the proponents of crimes, they should not be allowed to leave who has had the privilege of bringing over this bill, which seeks to address the very seri- prison. Period. 3,000 children into the world, I share the de- ous problem of sex crimes. Megan Kanka’s death could have been pre- sire to punish severely those guilty of sexual The problem is clear: in this Nation every 19 vented. All of us in Congress have a special abuse of children. In fact, it is hard to imagine seconds a girl or woman is raped; every 70 burden to make sure that our laws adequately someone more deserving of life in prison than seconds a child is molested; and every 70 protect children from the likes of Mr. one who preys on children. However, I must seconds a child or adult is murdered. Yet, de- Timmendquas. H.R. 2146 is a good step in offer a cautionary note to the legislation before spite these horrific statistics, the average time the right direction. us, which would establish a mandatory lifetime served in prison for rape is 5 years and the Protecting our children from sexual preda- sentence for anyone convicted of two child average time served in prison for molesting a tors requires a comprehensive, multilayered sexual abuse crimes. child is less than 4 years. Clearly there is a approach. I am proud to have been the prime The bill before us today simply expands disconnect between the facts and the current sponsor of legislation, the Victims of Traf- Federal penalties for already existing Federal solutions to the problem. ficking and Violence Protection Act (P.L. 106– crimes, and does not in any way infringe on In the Subcommittee on Crime hearings we 386), which contained two key provisions to the jurisdiction of the States. However, Mr. heard from proponents of this bill as they re- help fight child molesters. The first provision of Chairman, I would ask my colleagues to con- layed the heart-wrenching stories of multiple P.L. 106–386 would expand the ‘‘Megan’s sider whether child sexual abuse should be a sex offenders who, because of loopholes in Law’’ concept to college and university com- Federal crime at all. The Constitution specifies the criminal justice system, continued to abuse munities. Under the new law, law enforcement three Federal crimes, namely treason, piracy, women and children in numerous different authorities are required to notify local commu- and counterfeiting. It is a stretch, to say the counties throughout the country. nities when a registered sex offender is en- least, to define child abuse as a form of trea- I recognize that the Sentencing Commission rolled or employed at a local college or univer- son, piracy, or counterfeiting. Therefore, per- is concerned that increased punishments for sity. haps the best means of dealing with child sex- sex crimes committed against minors would The second provision was called ‘‘Aimee’s ual abuse occurring on Federal lands across create unfair disparities in sentences. Law,’’ and is designed to punish states that re- State lines is to turn the suspected perpetrator So, while I believe that this bill addresses lease dangerous sexual felons back into our over to the relevant local jurisdiction and allow some of the worst crimes in our society, I also communities in the first place. Under ‘‘Aimee’s the local authorities to prosecute the crime. know that it is our responsibility as legislators Law,’’ if a State lets a sexual predator loose, As I stated before, it certainly is a legitimate to carefully deliberate the ramifications of any and that predator moves to another State and exercise of government power to impose a legislation to ensure that we take into account victimizes another person, the second State lifetime sentence on those guilty of multiple the rights of all stakeholders in this process. can petition the Attorney General to have law sex crimes against children. However, I would Before we move forward sweeping legisla- enforcement grant funds transferred from the ask my colleagues to consider the wisdom of tion as is currently before us, I believe that we first State to the second State as a form of Congress’ increased reliance on mandatory need a better understanding of the alternatives interstate compensation. The central idea be- minimums. Over the past several years we available to us. In its current form, this legisla- hind the law is to discourage States from re- have seen a number of cases with people tion and its mandatory life sentences, elimi- leasing sex offenders early. sentenced to life, or other harsh sentences, nates the opportunity for the family, the com- As the father of four children, I share the that appear to offend basic principles of jus- munity, the professionals, and the court sys- anger and frustration that parents across our tice. Even judges in many of these cases tem, to work in conjunction in order to address country have regarding sexual predators and admit that the sentences imposed are in no the needs of the victim and the offender in the grave danger they pose to our country’s way just, but the judiciary’s hands are tied by terms of healing and rehabilitation. children. As my colleagues are aware, I have the statutorily imposed mandatory minimums. This bill fails to address the reality that there worked with many of you in the effort to pass In conclusion, Mr. Chairman, while I believe are few resources in Federal or State prisons and enforce tough laws to crack down on child this is a worthy piece of legislation, I hope to deal with accountability and treatment of pornography, precisely because I believe it someday we will debate whether expanding sex abusers. In many cases, and certainly leads to diabolicala crimes such as sexual mo- Federal crimes (along with the use of congres- under this bill, we simply lock offenders up for lestation and rape of young children. The Two sionally mandated mandatory minimum sen- life. The result is a disincentive for the correc- Strikes and You’re Out Child Protection Act tences) is consistent with constitutional gov- tional system to provide help or programs that will take these people who prey on our chil- ernment and fundamental principles of justice. correct the underlying behavior, when it is dren off the streets and into jail—where they Ms. JACKSON-LEE of Texas. Mr. Chair- clear that such programs may be what is belong—for life. man, I am glad that we had the opportunity to needed for true rehabilitation to take place, so I urge my colleagues to unanimously sup- discuss the merits of this bill last July 2001, in that the offender can get to the point where he port the Two Strikes and You’re Out Child the Crime Subcommittee. There, we heard or she can truly be accountable to the victim, Protection Act. some very moving testimony from witnesses their own families, and the community. H918 CONGRESSIONAL RECORD — HOUSE March 14, 2002 To that end, I have introduced an amend- Our charge here in this House is to protect The CHAIRMAN pro tempore. During ment mandating a thorough evaluation of al- the children. This legislation prevents them consideration of the bill for amend- ternatives to incarceration and treatment in from being victimized by those who we know ment, the Chair may accord priority in order to rehabilitate those capable of such are likely to abuse, attack and murder again. recognition to a Member offering an progress. I urge my colleagues to support it. Support this commonsense legislation. It re- amendment that he has printed in the I believe whole-heartedly, that we must pro- affirms our commitment to our American prin- designated place in the CONGRESSIONAL tect Americans from the horrors of sex offend- ciple that we are a civilized society raising RECORD. Those amendments will be ers. To this end I am asking for support for my standards for the world. considered read. second amendment which states simply that The CHAIRMAN pro tempore (Mr. Are there any amendments to the no Federal monies can be expended for this OSE). All time for general debate has bill? legislation if there are more than two convicted expired. AMENDMENT OFFERED BY MR. SCOTT sex offenders within a given ZIP Code. Pursuant to the rule, the committee Mr. SCOTT. Mr. Chairman, I offer an This amendment is motivated by a recent amendment in the nature of a sub- amendment. tragedy in Houston, Texas in which a 13-year- stitute printed in the bill is considered The Clerk read as follows: old girl, Laura Ayala, went across the street as an original bill for the purpose of from her southeast Houston home Sunday amendment and is considered read. Amendment offered by Mr. SCOTT: night and never returned. The text of the committee amend- Page 2, beginning in line 22, strike ‘‘2243(a) (relating to sexual abuse of a minor’’. Since that day, our police officers have ment in the nature of a substitute is as Page 4, after line 7 insert the following: been poring over lists of known sexual offend- follows: SEC. 3. LIFE IMPRISONMENT MAXIMUM FOR CER- ers, concentrating on Laura’s neighborhood. H.R. 2146 TAIN REPEAT SEX OFFENDERS What is most disturbing is that the Texas De- Be it enacted by the Senate and House of Rep- AGAINST CHILDREN. partment of Public Safety lists 25 registered resentatives of the United States of America in Section 2243(a) of title 18, United States sex offenders in the ZIP Code. This amend- Congress assembled, Code, is amended by striking the final period ment recognized the need for legislation that SECTION 1. SHORT TITLE. and inserting ‘‘, but if the defendant has a protects our children from multiple sex offend- This Act may be cited as the ‘‘Two Strikes and prior sex conviction (as defined in section ers who collectively may have a cumulative ef- You’re Out Child Protection Act’’. 3559(e)) in which a minor was a victim, the court may sentence that defendant to im- fect that is adverse to our children and com- SEC. 2. MANDATORY LIFE IMPRISONMENT FOR REPEAT SEX OFFENDERS AGAINST prisonment for any term or years or for munities. life.’’. But in our efforts to protect society and re- CHILDREN. Section 3559 of title 18, United States Code, is Redesignate succeeding sections accord- habilitate those who perpetrate these heinous amended by adding at the end the following ingly. crimes, we must do so justly, and with preci- new subsection: Mr. SENSENBRENNER (during the sion so as not to create further injustice within ‘‘(e) MANDATORY LIFE IMPRISONMENT FOR RE- reading). Mr. Chairman, I ask unani- an already overtaxed justice system. PEATED EX FFENSES GAINST HILDREN S O A C .— mous consent that the amendment be Mrs. ROUKEMA. Mr. Chairman, I rise in ‘‘(1) IN GENERAL.—A person who is convicted considered as read and printed in the strong support of this legislation and in de- of a Federal sex offense in which a minor is the RECORD. fense of our children. This legislation is over- victim shall be sentenced to life imprisonment if The CHAIRMAN pro tempore. Is due and I would urge my colleagues to pass the person has a prior sex conviction in which a minor was the victim, unless the sentence of there objection to the request of the it without delay. death is imposed. gentleman from Wisconsin? Mr. Chairman, there’s a raging debate in ‘‘(2) DEFINITIONS.—For the purposes of this criminal justice circles regarding the wisdom of There was no objection. subsection— Mr. SCOTT. Mr. Chairman, this mandatory minimum sentences. One side of ‘‘(A) the term ‘Federal sex offense’ means— the argument holds that we should let the sys- ‘‘(i) an offense under section 2241 (relating to amendment would remove the manda- tem work—that judges can make the best aggravated sexual abuse), 2242 (relating to sex- tory life sentence for a violation of sec- judgments on important issues of incarcer- ual abuse), 2243(a) (relating to sexual abuse of tion 2243(a) as a second sex offense ation. a minor), 2244(a)(1) or (2) (relating to abusive against a minor. Instead, this amend- With all due respect to opponents of this sexual contact), 2245 (relating to sexual abuse ment would increase the maximum resulting in death), or 2251A (relating to selling possible term for a second offense to a legislation, that debate is totally inappropriate or buying of children); or when it comes to child victims of sexual term up to life imprisonment. Under ‘‘(ii) an offense under section 2423(a) (relating the bill, consensual sexual touching of abuse. to transportation of minors) involving prostitu- When it comes to children—children and tion or sexual activity constituting a State sex a 14-year-old by an 18-year-old boy- sexual abuse and sexual crimes—we cannot offense; friend or girlfriend with a prior offense leave the issue to discretionary judgments. ‘‘(B) the term ‘State sex offense’ means an of- would mandate life without parole, There are principles of law that civilized soci- fense under State law that consists of conduct while murder, even second offense mur- eties must adhere to and enforce. Protecting that would be a Federal sex offense if, to the ex- der, does not. tent or in the manner specified in the applicable our children from sexual abuse is one of them. While we can all imagine cases in provision of this title— which a life sentence would be appro- It is estimated that child molesters are four ‘‘(i) the offense involved interstate or foreign times more likely than other violent criminals commerce, or the use of the mails; or priate for a second offense against a to recommit their crime. In a recent study, 453 ‘‘(ii) the conduct occurred in any common- child, we do not have to mandate life sex offenders admitted to molesting more than wealth, territory, or possession of the United sentences for cases which clearly do 67,000 children in their lifetime. Another study States, within the special maritime and terri- not warrant such treatment in order to found that 571 pedophiles had each molested torial jurisdiction of the United States, in a Fed- get at those that do. We can simply ex- an average of 300 victims. eral prison, on any land or building owned by, tend the maximum possible sentence to Two is too many. But this bill will bring us leased to, or otherwise used by or under the con- life imprisonment and leave it to the trol of the Government of the United States, or sentencing commission and the courts closer to a world where molesters cannot con- in the Indian country (as defined in section tinue their horrible crimes ad infinitum. 1151); to determine which ones warrant that Over the past few years, this Congress has ‘‘(C) the term ‘prior sex conviction’ means a treatment. been strongly supportive of such common- conviction for which the sentence was imposed Not only would we have the unin- sense legislation as Megan’s Law—named before the conduct occurred constituting the tended racial impact in that it would after a victim from our State of New Jersey subsequent Federal sex offense, and which was affect primarily Native Americans but who was brutalized and murdered by a repeat for a Federal sex offense or a State sex offense; it would also have a chilling effect on sexual offender. Megan’s Law requires citi- ‘‘(D) the term ‘minor’ means an individual victims in some cases that would oth- who has not attained the age of 17 years; and erwise be prosecuted. This is especially zens to be notified when a sexual offender ‘‘(E) the term ‘State’ has the meaning given moves into their neighborhood. that term in subsection (c)(2).’’. true in families where the victim might want to see an older sibling or Mr. Chairman, this legislation will not mean SEC. 3. CONFORMING AMENDMENT. there will never be another repeat offender. Sections 2247 and 2426 of title 18, United other relative dealt with for a repeat But what it should mean is that the neighbor- States Code, are each amended by inserting ‘‘, offense but not seen to cause the rel- hood a repeat offender moves into is a pris- unless section 3559(e) applies’’ before the final ative spending the life imprisonment on—for life. period. which would be required under the bill. March 14, 2002 CONGRESSIONAL RECORD — HOUSE H919 If we believe the purpose of the bill is have the second strike which would in- The scenario that the gentleman to send a message to repeat sex offend- volve life imprisonment where the vic- from Virginia (Mr. SCOTT) raises is im- ers, it would send the wrong message. tim is probably at least 10 years and plausible, at best, and also the points At a hearing before the Subcommittee maybe even more than that younger the gentleman makes are outside the on Crime, a law professor and crimi- than the assailant. course of this bill. nologist testified that a repeat offender For that reason, I would hope that Let us keep our eye on the ball here. who knows that if caught he will be this amendment would be rejected. Let us focus on the problem of repeat sentenced to life imprisonment on a Mr. GREEN of Wisconsin. Mr. Chair- child molesters. That is what this bill mandated basis, that person may be man, I move to strike the last word. deals with. Let us defeat this amend- more disposed to kill his victim to Mr. Chairman, I rise in opposition to ment and go on to pass this bill. eliminate the primary witness. This is this amendment. My opposition really Mr. CONYERS. Mr. Chairman, I move particularly true because the punish- falls on three grounds. First off, let us to strike the requisite number of ment for second offense murder would remember that this bill, Two Strikes words. be less than second offense petting. and You’re Out, does not change the Mr. Chairman, I am very pleased to Under this amendment, life without pa- terms of underlying criminal law. It yield to the gentleman from Virginia role would be available for those who simply changes the penalties for those (Mr. SCOTT), the member of the Com- are appropriately sentenced to life but who do it over and over again. This sec- mittee on the Judiciary that I think not mandated for misbehaving teen- tion that the gentleman from Virginia has made more of a contribution and has thought about this more carefully agers. (Mr. SCOTT) seeks to change, to modify, Again, I would point out that the is current law and one that Congress than anyone else. Mr. SCOTT. Mr. Chairman, I thank whole bill is only in cases that have has always treated seriously. It is al- the gentleman for yielding. Federal jurisdiction; so even with the ready punishable by 15 years in prison Mr. Chairman, the gentleman from amendment, we may have the anomaly and doubled for the second offense. If Wisconsin indicated that the pros- of persons committing a crime within the gentleman from Virginia wants to ecutor would have the discretion of the State and if they are in Federal ju- change the terms of 2243(a), he should lowering the charge, but by virtue of risdiction, they get life without parole. introduce legislation to do so, but that the charge, the judge would have no If they are without Federal jurisdic- is not this bill. discretion if the prosecutor decides life tion, they could get probation. Secondly, those who would be caught without parole. So you have given, es- I would hope that the House would up by this 2243(a) and the Two Strikes sentially, the sentencing power to the adopt the amendment. law are not merely guilty of, quote-un- prosecutor, not to the judge. Mr. SENSENBRENNER. Mr. Chair- quote, ‘‘teen statutory rape.’’ Listen Under the term ‘‘sexual act,’’ which man, I rise in opposition to the amend- closely, as the gentleman from Wis- is covered under this, it includes con- ment. consin (Mr. SENSENBRENNER) has point- sensual, intentional touching of a per- Mr. Chairman, under the amendment ed out. The victim must be 12 to 15 son who has not attained the age of 16, of the gentleman from Virginia, we are years old. The attacker must be at that is, a 15-year-old person, with the going to reduce the penalty for least 4 years older. For Two Strikes to intent to gratify. That is petting teen- pedophiles if they do not murder one of apply, the attacker must have com- agers 4 years younger. their victims. That shows that this mitted this crime or an even more seri- If that is a first offense, the likeli- amendment really is not a good idea ous sex crime against kids, against his hood, quite frankly, is they will get and in effect reverses the entire thrust teenage girlfriend under the gentleman probation. If they do it again, if they of the bill. from Virginia’s scenario, been arrested, are teenagers determined to be to- I do not think that the concern of the gone through a trial, been convicted, gether, you are talking about life with- gentleman from Virginia is justified served his time, come out and do it out parole if the prosecutor charges because what he is saying is that we again, all in the span of 2 years. under this section. ought to take the bill’s penalties away b 1115 If it is an appropriate case, you can from section 2243(a) of the criminal get life. But it just seems to me that code which provides that whoever Well, logically, that is next to impos- life without parole for this situation, knowingly engages in a sexual act with sible. which could include family members, is another person who is 12 to 15 years old Finally, and I think the most impor- totally inappropriate; and I would hope and is at least 4 years older than the tant point here, is to understand that we would adopt the amendment which victim shall be fined or imprisoned for there are other statutes that cover the would allow life, but not mandate life, not more than 15 years, or both. behavior that the gentleman from Vir- so the judge would have some discre- If you have the hypothetical of an 18- ginia (Mr. SCOTT) refers to. We spoke tion in sentencing people under this year-old adult knowingly engaging in a only this morning to a representative bill. If you have 500 people, the stories sexual act with a 13-year-old child, of the U.S. attorney’s office, and he they have told, the judge will know that person would be indicted, would be said that no U.S. attorney in the Na- what to do. prosecuted, would be convicted and tion would charge under 2243(a) for the Mr. CONYERS. Mr. Chairman, re- would be incarcerated for several years conduct that the gentleman from Vir- claiming my time, I support the Scott as a result of that crime. My guess is ginia (Mr. SCOTT) describes. amendment because I think we are try- that he would not be out of prison until There is, in fact, another statute ing not to expose a countless number of he was in his mid- to late twenties. which is not part of Two Strikes, teenagers to mandatory lifetime sen- Now, if he turns around and commits 2244(a) and 2244(b), abusive sexual con- tences for being involved in consensual another sexual act on someone who is tact. That is the statute which U.S. at- relationships. I am almost inclined to 12 to 15 years old in his mid-twenties, torneys can use to charge, if they see ask the author of the bill if that is his then I think the book ought to be fit to charge, for that type of behavior. intention, but I am afraid to. thrown at him, because this is not an That is not covered by Two Strikes. Mr. Chairman, if we are not consid- immediate post-adolescent whose hor- Two Strikes deals with a narrow cat- ering the cultural differences and not mones have run amok and commits a egory of seven serious sex crimes considering whether family members sexual act. This is somebody who is against kids, and it says in the event are aware of the youthful indiscretions now preying on somebody who is prob- that after someone has done their of a couple of teenagers, then this is a ably 10 to 15 years younger as a victim. time, they have done one of these seri- one-way ticket to a life imprisonment I think that that is the type of person ous offenses, they get out, they do it bill; this is not Two Strikes and You’re who ought to be sentenced to life im- yet again, then by all the studies we Out. I have to keep thinking that this prisonment. have seen, we know that they are going is an unintended consequence. I think that really what we ought to to do it again and again and again un- We are saying to our youth that the do is look at how the clock runs, where less Congress steps in and breaks the circumstances of each case are not rel- you have the first strike that does not cycle of violence. That is why this bill evant and will not be given any consid- involve life imprisonment and then you exists. eration at all. So all the gentleman H920 CONGRESSIONAL RECORD — HOUSE March 14, 2002 from Virginia is doing is correcting ‘‘We need to deal with the drug problem in on Indian land. I do not think we want this by permitting the judge to impose a much more discretionary, compassionate to do that. A convicted child molester a maximum sentence of life. way. We need treatment, not just punish- in Wisconsin would know the only way The amendment would restore to the ment and imprisonment.’’—Stanley Sporkin, to avoid life imprisonment if he is U.S. District Judge, District of Columbia. judiciary the discretion to deal with caught would be to prey upon children the sentence that he is giving under The CHAIRMAN pro tempore (Mr. in Indian lands. I think the Congress the circumstances, and the judge would OSE). The question is on the amend- has an obligation to protect children not be stopped from imposing a life ment offered by the gentleman from on Indian lands just as much as we sentence; but in other cases, they may Virginia (Mr. SCOTT). have an obligation to protect children be able to tailor a decision that would The amendment was rejected. on other Federal lands, as well. take into account the appropriateness AMENDMENT OFFERED BY MR. SCOTT I urge my colleagues to oppose this of something other than life. So I urge Mr. SCOTT. Mr. Chairman, I offer an amendment. my colleagues on the floor to give this amendment. Mr. CONYERS. Mr. Chairman, I rise some thought from this point of view. The Clerk read as follows: in support of the amendment. This is almost becoming an antijudge Amendment offered by Mr. SCOTT: Mr. Chairman, as I understand what bill as well. Who needs judges? The Page 4, after line 11, insert the following: we are doing here, we are allowing trib- prosecutor is given far more authority SEC. 4. SPECIAL PROVISION FOR INDIAN COUN- al governments to opt out of coverage, and decision-making that determines TRY. as we have done in other matters like in effect the whole outcome of the case Section 3559(c)(6) of title 18, United States this before, so it is not encouraging that comes before the judge. The judge Code, is amended by inserting ‘‘or subsection this kind of offense to get softer treat- (e)’’ after ‘‘this subsection’’ each place it oc- ment than it would anywhere else in is sitting here saying, I am bound by curs. this, I am caught by this. The pros- the country. ecutor decides the other thing. Mr. SCOTT. Mr. Chairman, this The racially discriminatory impact So I think it is something that we amendment would allow tribal govern- on Native Americans is pretty clear need to rethink with the gentleman ments to opt out of the coverage of the here, and that is what we are trying to bill and the administration of their from Virginia (Mr. SCOTT). I am deal with, because the legislation that pleased and happy the gentleman has systems of justice in the manner that is proposed applies to conduct occur- offered the amendment. we allowed them to opt out of the ap- ring on land owned by the United Mr. Chairman, I include the following plication of the Three Strikes and States or within the territorial juris- article entitled ‘‘Judges Speak Out’’ You’re Out law that we passed several diction of the United States. So that is years ago to avoid the unintended ra- for the RECORD. Indian reservations. Most of the cases cial and disproportionately negative JUDGES SPEAK OUT have indicated that 75 percent of these impact. kinds of cases arising under the bill’s ‘‘Statutory mandatory minimum sentences Since the bill only applies in Federal create injustice because the sentence is de- provision will involve Native Ameri- termined without looking at the particular jurisdictions, the vast majority of the cans, so to give the tribal government defendant. . . . It can make no difference cases affected would involve Native this option is no less rational than whether he is a lifetime criminal or a first- Americans. This means the bill will af- when we did it before. time offender. Indeed, under this sledge- fect Native Americans in a dispropor- We did an opt-out provision in the hammer approach, it could make no dif- tionately negative manner when com- Three Strikes legislation. It did not ference if the day before making this one slip pared to similar offenders in the same work in any kind of way to mitigate in an otherwise unblemished life the defend- State as the Native American reserva- the way that law was handled. There- ant had rescued 15 children from a burning tion. building or had won the Congressional Medal fore, there should be no difference in of Honor while defending his country.’’—J. Based merely on the location of the the action we take here today with re- Spencer Letts, U.S. District Judge, Central offense, whether you are on the res- spect to these groups. District of California. ervation or right outside of the res- Mr. Chairman, that is my take on the ‘‘We must remember we are not widgets or ervation, you could have vastly dif- Scott amendment, and I hope that we robots, but human beings. Defendants should ferent sentences, as vastly different as can reach agreement on it. be sentenced within the spectrum of what probation in one case and life impris- Mr. GREEN of Wisconsin. Mr. Chair- most judges would consider fair and reason- onment for exactly the same offense man, I move to strike the last word. able.’’—Leon Higginbotham, Judge, 3rd Cir- and offenders. There is no evidence cuit Court of Appeals. Mr. Chairman, I rise in opposition to ‘‘I think that a lot of people do not under- that this particular problem, sex this amendment. For the record, I am stand what is going on until, all of a sudden, crimes against children, is predomi- proud to have six Indian Tribes in my they are caught up in the system; and they nantly a Native American problem, so congressional district. I am proud to find out that people have been mouthing all why are we singling them out for the represent both Native Americans and kinds of slogans, and when the slogans all draconian treatment? non-Native Americans. come down to rest, they sometimes come to Because this bill only applies in Fed- The amendment offered by the gen- rest very hard on the shoulders of the indi- eral jurisdiction, it will have no effect tleman from Virginia (Mr. SCOTT) is vidual.’’—David Doty, U.S. District Judge, on the vast majority of cases that have Minnesota. bad public policy because it would send ‘‘. . . I continue to believe that sentence of been mentioned today. The only good a terrible message to States like Wis- 10 years’ imprisonment under the cir- thing about it is, it will only affect a consin. Carving out a reservation from cumstances of this case is unconscionable few cases, but unfortunately, an over- this law would somehow suggest that and patently unjust. . . . [the defendant] will whelming proportion of those cases Native American children are less de- be sacrificed on the altar of Congress’ obses- will be cases affecting Native Ameri- serving of protection than non-Native sion with punishing crimes involving nar- cans. American children. I do not think that cotics. This obsession is, in part, understand- I would hope that the House would is what we want to do. able, for narcotics pose a serious threat to adopt the amendment. Carving out reservations from this the welfare of this country and its citizens. However, at the same time, mandatory min- Mr. SENSENBRENNER. Mr. Chair- law would, as the gentleman from Wis- imum sentences—almost by definition—pre- man, I rise in opposition to the amend- consin (Chairman SENSENBRENNER) has vent the Court from passing judgment in a ment. said, create the appearance of a safe manner properly tailored to a defendant’s Mr. Chairman, the second Scott harbor for child molesters. It says to particular circumstances.’’—Paul A. Magnu- amendment amends the bill so that no them, lure your victims to the reserva- son, U.S. District Judge, Minnesota. person subject to the criminal jurisdic- tion, take your victims from the res- ‘‘As a consequence of the mandatory sen- tion of an Indian tribal government ervation, and the penalty will be less. tences, we (judges) know that justice is not would be covered by the Two Strikes That is wrong-headed. We should not always done . . . [Y]ou cannot dispense equal justice by playing a numbers game. Judg- and You’re Out provision contained in be doing that. ment and discretion and common sense are this bill. Now, the reasoning of the gentleman essential.’’—Joyce Hens Green, U.S. District What the amendment does is, it cre- from Virginia (Mr. SCOTT) that a high Judge, District of Columbia. ates a safe haven for child sex offenders percentage of Federal sex crimes under March 14, 2002 CONGRESSIONAL RECORD — HOUSE H921 this bill would occur on Federal Indian Mr. SENSENBRENNER. Mr. Chair- local law enforcement. In 1996, Megan’s reservations, I think that argues for man, I reserve a point of order. Law and the Lynchner Act were passed. the inclusion of those reservations into The CHAIRMAN pro tempore. The These laws require community notifi- this bill. gentleman from Wisconsin reserves a cation and interstate tracking. It also raises a self-evident point: point of order. In these ways, we attempted to pro- Under his logic, Federal homicide laws Ms. JACKSON-LEE of Texas. Mr. tect children and others from violent would have a greater impact on res- Chairman, I am experiencing a per- criminals. However, we must also en- ervations and Native Americans; Fed- sonal dilemma with respect to the leg- sure that when these offenders, if after eral drug laws would have a greater im- islation before us as it relates to a cri- the first time, may be released in our pact on Native Americans by his logic. sis in my district. As we speak, a communities, they are equipped with I do not believe that we should be ex- young 13-year-old has been abducted in the tools that they need so that they empting from reservations Federal Houston in a community that is, of are less likely than ever, ever, ever, drug laws. course, outraged by her disappearance. ever to commit these offenses again. There are actually very few cases in Recognizing this legislation is mov- To this end, I believe this is a ger- which reservation land is exempt from ing forward, I am offering an amend- mane and relevant amendment to sen- Federal jurisdiction. No tribe has ap- ment that will, at the very least, be a tencing. This is a parallel to sen- proached me, either this session or last step toward, I hope, long-term and, in tencing. This provides for the treat- session when we passed this bill twice an expanded way, reducing the number ment and rehabilitation of the first of- by a voice vote, no tribe has come to of sex offenses committed against our fense and does not offend this legisla- me asking for a carve-out. That is be- children. It is a parallel. It is an at- tion of Two Strikes. I believe that this cause, I would guess, they do not want tempt to help balance what happens amendment is appropriate. I would ask to create a safe harbor, either, for child when we incarcerate persons. my colleagues to waive the germane- molesters. The last thing they would My amendment would require that ness of this amendment so that we want to do is say, Come on, we will the National Institute of Justice study could holistically address the problem protect you; you will be safe here on and report to Congress on the avail- that will continue to plague our com- reservation land. ability and effectiveness of treatment munities, and that is, those who would, for incarcerated and nonincarcerated even the first time, attempt a heinous b 1130 perpetrators of sex offenders against act of sexual molestation of anyone in They do not want to look the other children, while also analyzing the ef- our Nation, any child. way when these terrible crimes occur, fectiveness of probation and parole su- Our community now is hurting. Some and we should not look the other way pervision and reducing the rates of re- other community tomorrow will be when these terrible crimes occur. We cidivism in the sex offenders, even if hurting. A precious child has been vio- should protect all children, native they are incarcerated. We have got to lated, a child that, to my knowledge, American children, non-native Amer- find out what propels individuals to do has not yet been found. Why not pro- ican children. Wherever they are, we these heinous and horrific acts. vide an instructive message to those should take steps to protect them from These crimes are a great threat to who, in fact, will be covered by this the monsters who would prey on our our children and to our society at legislation? I hope that we would waive children over and over again. My col- large. Statistics indicate that on a the germaneness of this amendment leagues saw the numbers I had up here given day there are well over 200,000 of- and move this amendment to the floor. before: 209 victims per child molester, fenders convicted of rape or sexual as- Mr. Chairman, recognizing that this legisla- 511 offenses per child molester. Do we sault under the care, custody, or con- tion is moving forward, I am offering an really want to say that that is okay if trol of correction agencies, whether amendment that will at the very least, be a it occurs on Federal land, or we are not they are life, whether they are manda- step toward reducing the number of sex of- going to treat it as severely? I do not tory minimums, or however they are fenses committed against our children. think so. I do not think anyone here incarcerated. In any 1 year there are My amendment will require that the National seriously wants to do that. over 1 million such offenders in prison. Institute of Justice study and report to Con- The CHAIRMAN pro tempore (Mr. More startling, however, is the fact gress on the availability and effectiveness of OSE). The question is on the amend- that nearly 80 percent of the victims of treatment for incarcerated and non-incarcer- ment offered by the gentleman from sexual offenders are children 17 or ated perpetrators of sex offenses against chil- Virginia (Mr. SCOTT). younger. These statistics are truly dren, while also analyzing the effectiveness of The amendment was rejected. startling, yet the Bureau of Justice probation and parole supervision in reducing AMENDMENT OFFERED BY MS. JACKSON-LEE OF Statistics also reported that in 1988, the rates of recidivism of these sex offenders. TEXAS only 2.9 percent of all inmates in State These crimes are a great threat to our chil- Ms. JACKSON-LEE of Texas. Mr. prisons were enrolled in programs for dren, and to our society at large. Statistics in- Chairman, I offer an amendment. sex offenders. That is less than 30 per- dicate that on a given day, there are well over The Clerk read as follows: cent of the sex offenders who receive 200,000 offenders convicted of rape or sexual Amendment offered by Ms. JACKSON-LEE of any type of treatment. As a result, assault under the care, custody or control of Texas: these individuals, whether they be in- corrections agencies. In any one year, there Add at the end the following new section: carcerated or not, will do the acts are over one million such offenders in prison. SEC. . STUDY AND REPORT TO CONGRESS. again. More startling, however, is the fact that nearly Not later than one year after the date of The National Institute of Justice re- 80 percent of the victims of sexual offenders the enactment of this Act, the National In- ports that research has failed to iden- are children 17 or younger. stitute of Justice shall make a study and re- tify those offenders who are likely to These statistics are truly startling. Yet, the port to Congress on the availability and ef- fectiveness of treatment for incarcerated and reoffend or to determine effective Bureau of Justice Statistics has reported that nonincarcerated perpetrators of sex offenses treatment while incarcerated. Al- as of 1998, only 2.9 percent of all inmates in against children and on the effectiveness of though many believe that sex offenders state prisons were enrolled in programs for probation and parole supervision in reducing are the hardest type of criminals to re- sex offenders—that is less than 30 percent of rates of recidivism of sex offenses against habilitate and are the most likely to the sex offenders who receive any type of children. reoffend, no evidence supports either. If treatment. As a result, recidivism rates are Ms. JACKSON-LEE of Texas (during they have been a first-time offended, dangerously high. the reading). Mr. Chairman, I ask why not have treatment and rehabili- The National Institute of Justice reports that unanimous consent that the amend- tation? research has failed to identify those offenders ment be considered as read and printed In 1994 Congress enacted the Jacob who are likely to re-offend, or to determine ef- in the RECORD. Wetterling Crimes Against Children fective treatments for sex offenders. Although The CHAIRMAN pro tempore. Is and Sexually Violent Offender Reg- many believe that sex offenders are the hard- there objection to the request of the istration Act, which requires that per- est type of criminal to rehabilitate and are the gentlewoman from Texas? petrators of violent sex offenses and most likely to re-offend, no evidence supports There was no objection. crimes against minors register with either belief. H922 CONGRESSIONAL RECORD — HOUSE March 14, 2002 In 1994, Congress enacted the Jacob Chair has held that, to a bill addressing record such information as the court deems Wetterling Crimes Against Children and Sexu- substance abuse through prevention necessary to make such findings, including ally Violent Offender Registration Act, which and treatment, an amendment impos- cost data provided by the Bureau of Prisons. In making the required findings, the court requires that perpetrators of violent sex of- ing civil penalties on drug dealers was shall not be bound by the information pro- fenses and crimes against minors register with not germane. vided by the Government attorney. local law enforcement. In 1996, Megan’s Law The pending bill narrowly amends (c) The Administrative Office of the United and the Lychner Act were passed; these laws the Federal Criminal Code to establish States Courts shall annually compile and re- require community notification and interstate a mandatory sentence of life imprison- port the findings made under subsection (a) tracking. ment for twice-convicted sex offenders to the Congress. against children. The amendment re- Redesignate succeeding sections accord- In these ways, we attempted to protect chil- ingly. dren and others from violent criminals. How- quires the National Institute of Justice Mr. CONYERS (during the reading). ever, we must also ensure that when these of- to report to Congress on the avail- Mr. Chairman, I ask unanimous con- fenders are released into our communities, ability and effectiveness of treatment sent that the amendment be considered they are equipped with tools that they need so for perpetrators of sex offenses against as read and printed in the RECORD. they are less likely than ever to attempt to children and on the effectiveness of The CHAIRMAN pro tempore. Is commit another heinous act. probation and parole supervision in re- there objection to the request of the To this end we must evaluate the availability ducing rates of recidivism of such sex gentleman from Michigan? and effectiveness of treatments and post-re- offenses. There was no objection. lease programs. Some studies have been con- The bill is narrowly drafted to ad- Mr. CONYERS. Mr. Chairman, I rise ducted, but they do not comprehensively ad- dress only sentencing of certain sex of- to introduce a notion that we would re- dress the issue, nor do they provide up-to- fenders of children. The amendment, by quire the Administrative Office of the date information. For example, in March of this addressing treatment and rehabilita- United States Courts to compile and year, the Office of Juvenile Justice and Delin- tion, proposes an unrelated method and report to the Congress its findings per- quency Prevention issued a review of the pro- is, therefore, not germane to the bill. taining to the impact of this legisla- fessional literature from the past 10 years on The point of order is sustained. The tion, specifically relating to race, gen- juveniles who have sexually offended, includ- amendment is not in order. der, age, ethnicity of victim and de- ing references to treatment, its approaches PARLIAMENTARY INQUIRY fendant; the reasoning behind the gov- and its efficacy. The national Institute of Jus- Ms. JACKSON-LEE of Texas. Mr. ernment’s decision to prosecute the de- tice issued in January 1997 a study on man- Chairman, I have a parliamentary in- fendant in Federal court instead of de- aging adult sex offenders in communities quiry. ferring to a State or tribal court; and through probation, parole and other forms of The CHAIRMAN pro tempore. The the sentence that the court would have community supervision. These studies are val- gentlewoman will state it. imposed on the defendant if the statu- uable tools, but they must be more com- Ms. JACKSON-LEE of Texas. If the tory minimum life sentence had not prehensive, and we must keep them updated. proponent of the legislation was will- applied. My amendment is an effort to protect our ing to waive the germaneness, would The idea is to provide our colleagues children by compelling a thorough evaluation that not have supported allowing this with invaluable insight into the effect of alternatives to incarceration and treatment amendment to be heard on the floor? of this legislation as it will relate to in order to rehabilitate those capable of such The CHAIRMAN pro tempore. A prison overpopulation, racial consider- progress. point of order was made and sustained ations, and the costs that would be at- I urge my colleagues to support this amend- against the amendment. tached to the Federal court in the ment. Ms. JACKSON-LEE of Texas. I thank event of the enacting of this legisla- POINT OF ORDER the Chair. I am so sorry that we are tion. Mr. SENSENBRENNER. Mr. Chair- losing the opportunity to do a better This is dealing with the ballooning man, I make a point of order against job on this legislation. prison population because we have the amendment. The amendment is not AMENDMENT OFFERED BY MR. CONYERS more people proportionately in prison germane. It fails the fundamental pur- Mr. CONYERS. Mr. Chairman, I offer than anywhere else on the planet, and pose test. an amendment. we think that this would be a very im- The fundamental purpose of the leg- The Clerk read as follows: portant move in the right direction; islation is to provide mandatory min- Amendment offered by Mr. CONYERS: and I hope that it will become a part of imum sentences for those convicted of Page 4, after line 7, insert the following: this legislation. sex offenses against children. The SEC. 3. STUDY OF IMPACT OF LEGISLATION. Mr. SENSENBRENNER. Mr. Chair- amendment offered by the gentle- (a) In each case in which a life sentence is man, I rise in support of the amend- woman from Texas (Ms. JACKSON-LEE) imposed under section 3559(e), the judge shall ment. exceeds the scope of this legislation by make and transmit to the Administrative Of- Mr. Chairman, I would like to thank directing a component of the Depart- fice of the United States Courts findings the gentleman from Michigan (Mr. with regard to each of the following: ment of Justice to study a subject not CONYERS) for introducing a germane (1) The applicable range under the Federal amendment on how to study the im- contemplated by the bill, namely, the Sentencing Guidelines if the statutory min- effectiveness of treatment for incarcer- imum life sentence had not applied. pact of this legislation. I think the ated and nonincarcerated sex offenders. (2) The sentence that the court would have type of material that the study would Therefore, the amendment is not ger- imposed on the defendant if the statutory put together would be very useful in mane, and the point of order should be minimum life sentence had not applied, in looking at the types of crimes that ruled well taken by the Chair. light of the nature and circumstances of the have been committed against children. The CHAIRMAN pro tempore. Does offense, the history and characteristics of However, let me say I am a little bit any other Member wish to be heard on the defendant, and the other factors set forth puzzled at the gentleman from Michi- the point of order? in section 3553(a). gan putting this amendment in, be- (3) The race, gender, age, and ethnicity of If not, the Chair is prepared to rule. the victim and defendant. cause all day yesterday when we were The gentleman from Wisconsin raises (4) The reason for the Government’s deci- dealing with the class action suit, the a point of order that the amendment sion to prosecute this defendant in Federal gentleman from Michigan and his sup- offered by the gentlewoman from Texas court instead of deferring to prosecution in porters on the other side of the aisle is not germane. State or tribal court, and the criteria used were saying how overworked our Fed- To be germane, an amendment not by the Government to make that decision in eral judges are and how the com- only must have the same end as the this and other cases. plicated class action legislation that matter sought to be amended, but also (5) The projected cost to the Federal Gov- we were discussing yesterday, really must contemplate a method of achiev- ernment of the life sentence, taking into ac- count capital and operating costs associated more of these cases should be tried in ing that end that is closely allied to with imprisonment. the State court because our Federal the method contemplated by the bill. (b) To assist the court to make the find- judges were overworked. For example, as recorded in section 933 ings required in subsections (a)(4) and (a)(5), Well, now we have an amendment of the House Rules and Manual, the the Government attorney shall state on the that has a mandate on the Federal March 14, 2002 CONGRESSIONAL RECORD — HOUSE H923 judges. Let me read from the amend- sider, with me, the proposal of the gen- feet away to get some newspapers for ment to show that the Federal judges tlewoman from Texas (Ms. JACKSON- her homework, an innocent chore, if are going to have to do more work. It LEE) in terms of a freestanding pro- you will. Her mother asked her wheth- says that ‘‘in each case in which a life posal separate from this? er she could get the newspaper on Mon- sentence is imposed, the judge shall Mr. SENSENBRENNER. Reclaiming day morning, but she needed the Sun- make and transmit to the Administra- my time, Mr. Chairman, I would en- day paper. She was 13, or is 13. tive Office of the United States Courts courage the gentlewoman from Texas After a few minutes, when she did findings with regard to each of the fol- to introduce her proposal as separate not return, her parents, her family lowing: the applicable range under the legislation. I am not sure that the members, went to look for her. The sentencing guidelines if the minimum Committee on the Judiciary has exclu- clerk remembers her coming to the mandatory life sentence had not ap- sive jurisdiction over that type of a store and buying the newspaper. What plied.’’ So the judge has to speculate study, and I certainly would not wish was later discovered is a scattered what he would do to sentence the de- to preclude other committees of juris- newspaper and her shoes scattered in fendant if he were not required to sen- diction from looking at it. an area along the way. tence the defendant for life. Mr. CONYERS. I thank the gen- But the most shocking aspect, as ‘‘The race, gender, age and ethnicity tleman. members of my community continue to of the victim and of the defendant.’’ The CHAIRMAN pro tempore (Mr. search for her, is that as the officers Well, that is fairly obvious from the OSE). The question is on the amend- were poring over lists of known sexual court records. But then we have to ment offered by the gentleman from offenders, concentrating on the girl’s have the reason for the government’s Michigan (Mr. CONYERS). neighborhood, the Texas Department of decision to prosecute this defendant in The question was taken; and the Public Safety listed 25 registered sex Federal court instead of State or tribal Chairman pro tempore announced that offenders in the ZIP code. Laura is only 4 feet tall, weighs 90 court, and then the criteria used by the the ayes appeared to have it. pounds, has black, medium-length hair government to make that decision in Mr. SENSENBRENNER. Mr. Chair- with brown highlights. She is a child this or other cases, and the projected man, I demand a recorded vote, and that is loved, as there are in many cost to the government of the life sen- pending that, I make the point of order homes children that are loved. tence, taking into account capital and that a quorum is not present. Therefore, I would argue that this is operating costs associated with the im- The CHAIRMAN pro tempore. Pursu- a germane amendment as it is pres- prisonment. ant to clause 6 of rule XVIII, further ently constructed and constituted, and Now, what this is going to require is proceedings on the amendment offered I would ask my colleagues to support it is going to require an additional by the gentleman from Michigan (Mr. this enthusiastically, that this act hearing after the sentence for the court CONYERS) will be postponed. shall have no effect if there are more to make these findings, because the The point of no quorum is considered than five convicted sex offenders in any government would not be able to make withdrawn. given ZIP code. a determination of what this cost AMENDMENT OFFERED BY MS. JACKSON-LEE OF Mr. Chairman, this is a tragedy. It is would be until the sentence is pro- TEXAS a dumping ground. I believe that once nounced, as well as what the alter- Ms. JACKSON-LEE of Texas. Mr. put on notice, our States will act. We native would have been and the manda- Chairman, I offer an amendment. will not have this problem. Innocent tory life sentence if not applied in this The Clerk read as follows: communities will not have this prob- case. Amendment offered by Ms. JACKSON-LEE of lem, and wonderful, beautiful young So I would say to the gentleman from Texas: girls like Laura will not have this Michigan, I think these are very, very Add at the end the following new section: problem, and other children. useful statistics, and I am prepared to SEC. . PROHIBITION OF FEDERAL EXPENDI- Mr. Chairman, this is an outrage. support this amendment; but I am won- TURES. Today on the floor of the House we can dering if the gentleman’s sympathy for This Act shall have no effect if there are fix it right now. Our colleagues will our overworked Federal judges evapo- more than five convicted child sex offenders within any given zip code. support this. Who in this whole world rated overnight, and I am happy to would want their neighborhood, no yield for an answer. Mr. SENSENBRENNER. Mr. Chair- matter where they live, what their eco- Mr. CONYERS. Mr. Chairman, I man, I reserve a point of order on the nomic status, what language they thank the gentleman for yielding. I am amendment. speak or what culture they come from, glad the gentleman pointed out the The CHAIRMAN pro tempore. The would want to know that next door fact that I claimed that the judges gentleman from Wisconsin reserves a they have in their neighborhoods 25 sex were overworked. I think they are point of order. molesters of children living in their probably in the same condition today Ms. JACKSON-LEE of Texas. Mr. community? that they were yesterday, which is Chairman, the intent of the legislation, We always ask the question, Mr. overworked; and I would like to use the the underlying legislation, is to ensure Chairman, are we relevant? Are we gentleman’s solution, which is that we the safety of our children. I agree with really focusing on what Americans’ de- get more judges into the judicial sys- that. At the same time, I think that sires are as we proceed as Members of tem. I think it is 70-something, and I the legislation has the opportunity to the House and the other body? think that would help. So I think the ensure the further enhanced security of Today we can be relevant. In addition gentleman thinks they are overworked our children from convicted sexual mo- to this legislation, we can be relevant and so do I, but we think that this lesters of children. and right now confront a crisis that is could be a useful purpose. I rise to support the amendment that not only in Houston, Texas, but I would indicates that no dollars should be ren- imagine if we took a sampling around b 1145 dered in this act if there are more than the Nation, we would find dumping of Mr. SENSENBRENNER. Mr. Chair- five sex molesters of children in one these offenders in communities wher- man, reclaiming my time, we will be ZIP code. The act would then have no ever we might look. We can be relevant dealing with the issue of additional ju- effect. today by providing some solace to the dicial manpower in the context of the I ask my colleagues to support this family of this child in looking for a conference on the Department of Jus- amendment, because there is great evi- way to prevent, if you will, the dump- tice authorization bill. dence that in urban areas and even in ing of sex offenders in particular areas. But even before that passes, if we rural areas there seems to be a dump- Those who are first offenders will ul- could get a few more confirmations, we ing in particular locations of child sex timately be out. This does not conflict would get more judges on the bench molesters. with the underlying intent. We know and more judicial work done. Here is a prime example. On Sunday, that some sex offenders will be out Mr. CONYERS. If the gentleman will March 11, 2002, a young girl by the among our population. Why have 25? continue to yield, Mr. Chairman, could name of Laura Ayala walked from her Who knows, there may be 35 and 45 and I ask the gentleman if he would con- family’s apartment no more than 100 50 in other ZIP codes. H924 CONGRESSIONAL RECORD — HOUSE March 14, 2002 Mr. Chairman, is it not reasonable having the opportunity to write free- morrow or the next day or next month, for my colleagues to support this standing legislation. I still believe that that we would move this amendment amendment to be able to be relevant we have the opportunity here to craft now, but in light of the comments that today as we move this legislation for- this amendment to not be detrimental the gentleman has made, and my other ward? I would ask that my colleagues to the underlying bill. That is not the colleagues, I will ask unanimous con- support this amendment that will pro- intent of the amendment. sent to withdraw this amendment so hibit the dumping of sex offenders on I do recognize there is free associa- we can craft legislation that I hope our community and dumping of sex of- tion and free movement in this coun- would get expedited attention in the fenders on our innocent children. try. That is why I went to the pro- Committee on the Judiciary, and be Mr. Chairman, I rise today in support of my ponents of the bill to see how we could able to join some of the other legisla- amendment which states simply that no fed- work together. This is an important tive initiatives that focus specifically eral monies can be expended for this legisla- enough issue for me that I believe that on dealing with child sex molesters, tion if there are more than two convicted sex this body should address it and address keeping in mind the constitutional pro- offenders within a given zip code. it today. tections that need to be addressed as it This amendment is motivated by a recent However, if the amendment does not relates to freedom of movement and tragedy in Houston, Texas in which a 13-year- achieve its ultimate goal of victory, freedom of association. old girl, Laura Ayala, went across the street then what I will do is write a free- But I think this is an outrageous and from her southeast Houston home Sunday standing bill. I would hope to encour- heinous finding, 25 of them in one com- night and never returned. age those who would understand the munity. I ask the gentleman’s assist- Since that day, our police officers have sentiment, the purpose, the underlying ance in helping me with this legisla- been poring over lists of known sexual offend- legal standing of such legislation, tion. ers, concentrating on Laura’s neighborhood. which is not to undermine the present Mr. GREEN of Wisconsin. Mr. Chair- What is most disturbing is that the Texas De- legislation, but to protect our commu- man, I would be happy to work with partment of Public Safety lists 25 registered nities. I would hope they would join in the gentlewoman, not being the chair sex offenders in the ZIP code. Why was this with me on that. of the committee or subcommittee, but allowed to happen? Mr. GREEN of Wisconsin. Mr. Chair- Mr. Chairman, my amendment recognized I would be happy to. I think she points man, I move to strike the requisite to an important problem. the need for legislation that protects our chil- number of words. Ms. JACKSON-LEE of Texas. Mr. dren from multiple sex offenders who collec- Mr. Chairman, I rise in opposition to Chairman, I ask unanimous consent to tively may have a cumulative effect that is ad- this amendment. Let me first say that withdraw my amendment. verse to our children and communities. I believe that the gentlewoman’s inten- I urge my colleagues to support it. tions are honorable and good inten- The CHAIRMAN pro tempore. Is Mr. SENSENBRENNER. Mr. Chair- tions, and she is pointing out a prob- there objection to the request of the man, I withdraw my point of order, lem that I think is worth our exam- gentlewoman from Texas? since the amendment is germane, and I ining at some point. I think the Com- There was no objection. rise in opposition to the amendment. mittee on the Judiciary, as it has over- Mr. Chairman, I cannot believe that sight hearings and such, should ask 1200 the gentlewoman from Texas would b some of these questions. They are im- draft an amendment of this nature and AMENDMENT OFFERED BY MR. CONYERS portant questions. submit it to the committee for its con- I, unfortunately, believe that this The CHAIRMAN pro tempore (Mr. sideration. amendment is not drafted in a way OSE). The pending business is the de- It says, ‘‘This act shall have no effect mand for a recorded vote on the if there are more than five convicted that will achieve the result the good gentlewoman intends. I do not think amendment offered by the gentleman child offenders within any given ZIP from Michigan (Mr. CONYERS) on which code.’’ That means that if there are the answer is to say that the more sex offenders we find in a particular area, further proceedings were postponed and five child sex offenders who are con- on which the ayes prevailed by voice victed under this law and sent to the the softer the law should be, or this tougher law should not apply to other vote. penitentiary for life, there are five peo- The Clerk will designate the amend- ple in the ZIP code where the peniten- parts of the country. In fact, the answer should be if there ment. tiary is located, and every future child are more sexual offenders in a given The Clerk designated the amend- sex offender would be able to run area, to go to the State legislature in ment. around the country in Federal areas that State and get tougher laws and and be able to continue preying on RECORDED VOTE more enforcement, beef up our re- these children. The CHAIRMAN pro tempore. A re- Stop and think about how this sources. Those children in those areas corded vote has been demanded. deserve more protection, not less pro- amendment is drafted. It is drafted so A recorded vote was ordered. tection. that anyplace where there is a peniten- The vote was taken by electronic de- tiary that has five or more child sex of- So while I understand the motives and would like to work with the gen- vice, and there were—ayes 259, noes 161, fenders, it would end up taking away not voting 14, as follows: the effect of this law throughout the tlewoman in the future to look at some [Roll No. 63] United States of America. of these issues, I do not believe this This is a shameful amendment, and I amendment gets to that point. AYES—259 hope it is overwhelmingly rejected. Ms. JACKSON-LEE of Texas. Mr. Abercrombie Boucher Coyne Mr. SCOTT. Mr. Chairman, I move to Chairman, will the gentleman yield? Ackerman Boyd Cramer strike the last word. Mr. GREEN of Wisconsin. I yield to Allen Brady (PA) Crane the gentlewoman from Texas. Andrews Brown (FL) Crowley Mr. Chairman, I yield to the gentle- Baca Brown (OH) Cummings woman from Texas (Ms. JACKSON-LEE) Ms. JACKSON-LEE of Texas. Mr. Baird Burton Davis (CA) so she can respond to the comments Chairman, I thank the gentleman for Baldacci Cannon Davis (FL) yielding, and I thank him very much Baldwin Capito Davis, Tom that were just made. Barcia Capps Deal Ms. JACKSON-LEE of Texas. Mr. for his statement. I think the victory Becerra Capuano DeFazio Chairman, I thank the gentleman for that I have had today is that this Bentsen Cardin DeGette yielding to me. amendment is germane and has not Bereuter Carson (IN) Delahunt been ruled out of order, and that we Berkley Carson (OK) DeLauro Mr. Chairman, I believe that in the Berman Clay Deutsch wisdom of this body, we could find a have gotten a very vigorous debate on Berry Clayton Diaz-Balart way to work on this very striking dis- it. Biggert Clement Dicks covery and still keep the enforcement It would be my druthers, in light of Bishop Clyburn Dingell Blumenauer Coble Doggett of the act. the tragedies that we are facing right Bonior Condit Dooley I support the amendment that I have, now in Houston, and I might imagine Borski Conyers Doyle but I will look further to, if you will, that there will be another headline to- Boswell Cox Dreier March 14, 2002 CONGRESSIONAL RECORD — HOUSE H925 Dunn Lampson Rangel McKeon Ramstad Tauzin The SPEAKER pro tempore. Under Ehlers Langevin Rehberg Mica Regula Taylor (NC) the rule, the previous question is or- Emerson Lantos Reyes Miller, Dan Reynolds Terry Engel Larsen (WA) Rivers Miller, Gary Riley Thomas dered. Etheridge Larson (CT) Rodriguez Miller, Jeff Rogers (KY) Thornberry Is a separate vote demanded on the Evans Latham Roemer Myrick Roukema Thune amendment to the committee amend- Farr Leach Rogers (MI) Nethercutt Royce Tiahrt ment in the nature of a substitute Fattah Lee Rohrabacher Ney Ryun (KS) Tiberi Filner Levin Ros-Lehtinen Norwood Saxton Toomey adopted by the Committee of the Ford Lewis (GA) Ross Nussle Schrock Vitter Whole? If not, the question is on the Frank LoBiondo Rothman Osborne Sessions Walsh committee amendment in the nature of Frost Lofgren Roybal-Allard Ose Shadegg Wamp a substitute. Gallegly Lowey Ryan (WI) Otter Shaw Watkins (OK) Ganske Luther Sabo Oxley Sherwood Watts (OK) The committee amendment in the Gephardt Lynch Sanchez Paul Shimkus Weldon (FL) nature of a substitute was agreed to. Gillmor Maloney (CT) Sanders Pence Shuster Weller The SPEAKER pro tempore. The Gonzalez Maloney (NY) Sandlin Peterson (PA) Simpson Whitfield question is on the engrossment and Gordon Markey Sawyer Phelps Skeen Wicker Graham Matheson Schaffer Pitts Smith (MI) Wilson (SC) third reading of the bill. Granger Matsui Schakowsky Pombo Smith (TX) Wolf The bill was ordered to be engrossed Green (TX) McCarthy (MO) Schiff Pryce (OH) Stearns Young (AK) and read a third time, and was read the Green (WI) McCarthy (NY) Scott Putnam Stump Young (FL) Greenwood McCollum Sensenbrenner Quinn Sullivan third time. Gutierrez McCrery Serrano NOT VOTING—14 The SPEAKER pro tempore. The Gutknecht McDermott Shays question is on the passage of the bill. Hall (OH) McGovern Sherman Barrett Eshoo Slaughter The question was taken; and the Hall (TX) McIntyre Shows Bilirakis Hinojosa Solis Harman McKinney Simmons Blagojevich Kilpatrick Towns Speaker pro tempore announced that Hart McNulty Skelton Davis (IL) Mascara Traficant the ayes appeared to have it. Hastings (FL) Meehan Smith (NJ) Ehrlich Rush Mr. SENSENBRENNER. Mr. Speak- Hill Meek (FL) Smith (WA) b 1225 er, on that I demand the yeas and nays. Hilleary Meeks (NY) Snyder Hilliard Menendez Souder Messrs. PENCE, PHELPS and SHU- The yeas and nays were ordered. Hinchey Millender- Spratt STER changed their vote from ‘‘aye’’ The vote was taken by electronic de- Hobson McDonald Stark to ‘‘no.’’ vice, and there were—yeas 382, nays 34, Stenholm Hoeffel Miller, George Messrs. MCCRERY, JOHNSON of Illi- not voting 18, as follows: Hoekstra Mink Strickland Holden Mollohan Stupak nois, SHAYS, DREIER, BOYD, [Roll No. 64] Holt Moore Sununu PORTMAN, MURTHA, GUTKNECHT, YEAS—382 Honda Moran (KS) Sweeney HOEKSTRA, BURTON of Indiana, Ackerman Chabot Gallegly Hooley Moran (VA) Tancredo GALLEGLY, HILLEARY, HULSHOF, Horn Morella Tanner Aderholt Chambliss Ganske Hoyer Murtha Tauscher Ms. HARMAN, Messrs. HOBSON, Akin Clay Gekas Hulshof Nadler Taylor (MS) PETRI, MORAN of Kansas, SCHAF- Allen Clement Gephardt Inslee Napolitano Thompson (CA) Andrews Coble Gibbons FER, GRAHAM, Mrs. EMERSON, Armey Collins Gilchrest Isakson Neal Thompson (MS) Messrs. GREENWOOD, WELDON of Israel Northup Thurman Baca Combest Gillmor Jackson (IL) Oberstar Tierney Pennsylvania, Mrs. KELLY, Messrs. Bachus Condit Gonzalez Jackson-Lee Obey Turner CRANE, UPTON, GANSKE and SIM- Baird Cooksey Goode (TX) Olver Udall (CO) MONS changed their vote from ‘‘no’’ to Baker Costello Goodlatte Jefferson Ortiz Udall (NM) Baldacci Cox Gordon ‘‘aye.’’ Baldwin Cramer Goss John Owens Upton So the amendment was agreed to. Johnson (IL) Pallone Velazquez Ballenger Crane Graham Johnson, E. B. Pascrell Visclosky The result of the vote was announced Barcia Crenshaw Granger Jones (OH) Pastor Walden as above recorded. Barr Crowley Graves Kanjorski Payne Waters Stated for: Bartlett Cubin Green (TX) Kaptur Pelosi Watson (CA) Ms. SOLIS. Mr. Chairman, during rollcall Barton Culberson Green (WI) Kelly Peterson (MN) Watt (NC) Bass Cummings Greenwood vote No. 63 on an amendment to H.R. 2146 Becerra Cunningham Grucci Kennedy (RI) Petri Waxman to provide for a study of the impact of the leg- Kildee Pickering Weiner Bentsen Davis (CA) Gutierrez Kind (WI) Platts Weldon (PA) islation I was unavoidably detained. Had I Bereuter Davis (FL) Gutknecht Kirk Pomeroy Wexler been present, I would have voted ‘‘yea.’’ Berkley Davis, Jo Ann Hall (OH) Kleczka Portman Wilson (NM) Stated against: Berry Davis, Tom Hall (TX) Kolbe Price (NC) Woolsey Mr. BILIRAKIS. Mr. Chairman, I was un- Biggert Deal Hansen Bilirakis DeFazio Harman Kucinich Radanovich Wu avoidably detained in committee and therefore LaFalce Rahall Wynn Bishop Delahunt Hart unable to cast my vote on rollcall No. 63. Had Blumenauer DeLauro Hastings (WA) NOES—161 I been present, I would have voted ‘‘no’’ on Blunt DeLay Hayes Boehlert DeMint Hayworth Aderholt Costello Hayes the amendment. Boehner Deutsch Hefley Akin Crenshaw Hayworth The CHAIRMAN pro tempore (Mr. Bonilla Diaz-Balart Herger Armey Cubin Hefley OSE). Bonior Dicks Hill Bachus Culberson Herger The question is on the committee Bono Dingell Hilleary Baker Cunningham Hostettler amendment in the nature of a sub- Boozman Doggett Hobson Ballenger Davis, Jo Ann Houghton stitute, as amended. Borski Dooley Hoeffel Barr DeLay Hunter The committee amendment in the Boswell Doolittle Hoekstra Bartlett DeMint Hyde Boucher Doyle Holden Barton Doolittle Issa nature of a substitute, as amended, was Boyd Dreier Holt Bass Duncan Istook agreed to. Brady (PA) Duncan Hooley Blunt Edwards Jenkins The CHAIRMAN pro tempore. Under Brady (TX) Dunn Horn Boehlert English Johnson (CT) the rule, the committee rises. Brown (FL) Edwards Hostettler Boehner Everett Johnson, Sam Accordingly, the Committee rose; Brown (OH) Ehlers Houghton Bonilla Ferguson Jones (NC) Brown (SC) Ehrlich Hoyer Bono Flake Keller and the Speaker pro tempore (Mrs. Bryant Emerson Hulshof Boozman Fletcher Kennedy (MN) EMERSON) having assumed the chair, Burr Engel Hunter Brady (TX) Foley Kerns Mr. OSE, Chairman pro tempore of the Burton English Hyde Brown (SC) Forbes King (NY) Committee of the Whole House on the Buyer Etheridge Inslee Bryant Fossella Kingston Callahan Evans Isakson Burr Frelinghuysen Knollenberg State of the Union, reported that that Calvert Everett Israel Buyer Gekas LaHood Committee, having had under consider- Camp Fattah Issa Callahan Gibbons LaTourette ation the bill (H.R. 2146) to amend title Cannon Ferguson Jackson (IL) Calvert Gilchrest Lewis (CA) 18 of the United States Code to provide Cantor Flake Jackson-Lee Camp Gilman Lewis (KY) Capito Fletcher (TX) Cantor Goode Linder life imprisonment for repeat offenders Capps Foley Jefferson Castle Goodlatte Lipinski who commit sex offenses against chil- Capuano Forbes Jenkins Chabot Goss Lucas (KY) dren, pursuant to House Resolution 366, Cardin Fossella John Chambliss Graves Lucas (OK) he reported the bill back to the House Carson (IN) Frank Johnson (CT) Collins Grucci Manzullo Carson (OK) Frelinghuysen Johnson (IL) Combest Hansen McHugh with an amendment adopted by the Castle Frost Johnson, E. B. Cooksey Hastings (WA) McInnis Committee of the Whole. H926 CONGRESSIONAL RECORD — HOUSE March 14, 2002 Johnson, Sam Myrick Shaw Stated for: the Committee on the Budget and on Jones (NC) Napolitano Shays Kanjorski Neal Sherman Mr. ISTOOK. Mr. Speaker, on rollcall No. that committee’s Web site. Kaptur Nethercutt Sherwood 64, I was detained due to chairing a hearing As in past years, the Committee on Keller Ney Shimkus regarding the White House and its budget. Rules intends to give priority to Kelly Northup Shows Had I been present, I would have voted ‘‘yea.’’ amendments offered as complete sub- Kennedy (MN) Norwood Shuster Kennedy (RI) Nussle Simmons Mr. UDALL of Colorado. Madam stitutes. Kerns Obey Simpson Speaker, on rollcall 64, H.R. 2146, the Members should also use the Office of Kildee Ortiz Skeen Two Strikes and You’re Out Child Pro- Legislative Counsel and the Congres- Kind (WI) Osborne Skelton sional Budget Office to ensure that King (NY) Ose Smith (MI) tection Act, I was delayed on official Kingston Otter Smith (NJ) business on the other side of the Cap- their substitute amendments are prop- Kirk Owens Smith (TX) itol. Had I been present, I would have erly drafted and scored and should Kleczka Oxley Smith (WA) voted ‘‘yea.’’ check with the Office of the Parliamen- Knollenberg Pallone Snyder Kolbe Pascrell Souder Mr. FORD. Madam Speaker, on H.R. tarian to be certain that their sub- Kucinich Pastor Spratt 2146, rollcall 64, I was on the floor but stitute amendments comply with the LaFalce Paul Stearns apparently missed the vote, the Two rules of the House. LaHood Pelosi Stenholm Lampson Pence Strickland Strikes and You’re Out Child Protec- f tion Act. Langevin Peterson (MN) Stump b 1245 Lantos Peterson (PA) Stupak I would have voted in favor of the Larsen (WA) Petri Sullivan legislation, had I not been in the cloak- LEGISLATIVE PROGRAM Larson (CT) Phelps Sununu Latham Pickering Sweeney room and slightly confused about the (Ms. PELOSI asked and was given LaTourette Pitts Tancredo second vote being called. permission to address the House for 1 Leach Platts Tanner Stated against: minute and to revise and extend her re- Levin Pombo Tauscher Lewis (CA) Pomeroy Tauzin Ms. SOLIS. Mr. Speaker, during rollcall vote marks.) Lewis (KY) Portman Taylor (MS) No. 64 on final passage of H.R. 2146 I was Ms. PELOSI. Madam Speaker, I take Linder Price (NC) Taylor (NC) unavoidably detained. Had I been present, I this time for the purpose of inquiring Lipinski Pryce (OH) Terry would have voted ‘‘no.’’ about the schedule for next week. LoBiondo Putnam Thomas Lofgren Quinn Thompson (CA) f I yield to the distinguished majority Lowey Radanovich Thompson (MS) leader. Lucas (KY) Rahall Thornberry PERSONAL EXPLANATION Mr. ARMEY. Madam Speaker, I Lucas (OK) Ramstad Thune thank the gentlewoman from Cali- Luther Regula Thurman Ms. KILPATRICK. Mr. Speaker, had I been Lynch Rehberg Tiahrt present, I would have voted ‘‘aye’’ on the Con- fornia for yielding. Maloney (CT) Reyes Tiberi yers amendment (rollcall No. 63) to H.R. 2146, Madam Speaker, I am pleased to an- Maloney (NY) Reynolds Tierney nounce that the House has completed Manzullo Riley Toomey the ‘‘Two Strikes and You’re Out’’ Child Pro- Markey Rivers Turner tection Act and ‘‘nay’’ on final passage of H.R. its legislative business for the week. Matheson Rodriguez Upton 2146, the ‘‘Two Strikes and You’re Out’’ Child The House will next meet for legisla- Matsui Roemer Velazquez Protection Act (rollcall No. 64). tive business on Tuesday, March 19, at McCarthy (MO) Rogers (KY) Vitter 12:30 p.m. for morning hour and at 2 McCarthy (NY) Rogers (MI) Walden f McCollum Rohrabacher Walsh p.m. for legislative business. The House McCrery Ros-Lehtinen Wamp GENERAL LEAVE will consider a number of measures McGovern Ross Watkins (OK) under suspension of the rules, a list of Mr. GREEN of Wisconsin. Madam McHugh Rothman Watson (CA) which will be distributed to Members’ McInnis Roybal-Allard Watts (OK) Speaker, I ask unanimous consent that offices tomorrow. McIntyre Royce Waxman all Members may have 5 legislative McKeon Ryan (WI) Weiner Madam Speaker, I should note that days in which to revise and extend McNulty Ryun (KS) Weldon (FL) in particular a bill under consideration Meehan Sanchez Weldon (PA) their remarks and include extraneous under suspension next Tuesday is H.R. Meeks (NY) Sanders Weller material on the bill just passed. 2804, the James R. Browning Court- Menendez Sandlin Wexler The SPEAKER pro tempore (Mrs. Mica Sawyer Whitfield house Designation Act, and, of course, EMERSON). Is there objection to the re- Millender- Saxton Wicker others as well. McDonald Schaffer Wilson (NM) quest of the gentleman from Wis- On Tuesday, recorded votes will be Miller, Dan Schakowsky Wilson (SC) consin? Miller, Gary Schiff Wolf postponed until 6:30 p.m. Miller, Jeff Schrock Woolsey There was no objection. For Wednesday and Thursday, I have Moore Sensenbrenner Wu f scheduled the Budget Resolution for Moran (KS) Serrano Wynn Fiscal Year 2003, marked up in the Morella Sessions Young (AK) ANNOUNCEMENT BY COMMITTEE Murtha Shadegg Young (FL) Committee on the Budget yesterday. I ON RULES REGARDING AMEND- have also scheduled the Digital Tech NAYS—34 MENT PROCESS FOR BUDGET Corps Act of 2001, being marked up in Abercrombie Honda Oberstar RESOLUTION Berman Jones (OH) Olver the Committee on Government Reform Clayton Lee Payne (Mr. DREIER asked and was given today. Clyburn Lewis (GA) Rangel permission to address the House for 1 Ms. PELOSI. Madam Speaker, re- Conyers McDermott Sabo minute.) Coyne McKinney Scott claiming my time, could the gentleman DeGette Meek (FL) Stark Mr. DREIER. Madam Speaker, the be more specific about what day the Farr Miller, George Udall (NM) Committee on Rules is planning to budget resolution will be considered? Filner Mink Waters meet the week of March 18 to grant a Mr. ARMEY. Madam Speaker, if the Hastings (FL) Mollohan Watt (NC) Hilliard Moran (VA) rule which will limit the amendment gentlewoman will continue to yield, we Hinchey Nadler process for floor consideration of the should expect to consider the budget on NOT VOTING—18 concurrent resolution on the budget for Wednesday, and as it turns out now, we fiscal year 2003. The Committee on the should expect to complete the budget, Barrett Hinojosa Slaughter Blagojevich Istook Solis Budget ordered the budget resolution Madam Speaker, by sometime fairly Davis (IL) Kilpatrick Towns reported on March 13 and is expected to early Wednesday evening. Eshoo Mascara Traficant file its committee report late tomor- Ms. PELOSI. Madam Speaker, does Ford Roukema Udall (CO) row. Gilman Rush Visclosky the leader expect any legislation deal- Any Member wishing to offer an ing with pensions to be brought up on b 1244 amendment should submit 55 copies the floor next week? So the bill was passed. and a brief explanation of the amend- Mr. ARMEY. Again, I thank the gen- The result of the vote was announced ment to the Committee on Rules in tlewoman for the inquiry, and if she as above recorded. room H–312 of the Capitol by 2 p.m. on will continue to yield, we do not antici- A motion to reconsider was laid on Tuesday, March 19. The text of the con- pate any legislation being available for the table. current resolution will be available at scheduling next week. March 14, 2002 CONGRESSIONAL RECORD — HOUSE H927 Ms. PELOSI. Madam Speaker, just to prize winner in the 2002 Morris County, ing in North America, many of them labor- clarify what the leader said about the New Jersey, St. Patrick’s Day Essay ing in the construction of the country’s rap- budget resolution, if the work on the Contest. idly growing transportation infrastructure Michael is currently a ninth grade (Meager 1999, p. 280). In 1857, Irish national- budget resolution is concluded early ists living in the United States formed the evening Wednesday, will there be any student at Delbarton School in Morris- Irish Republican Brotherhood, the fore- legislative votes on Thursday next town, New Jersey, a school of which I runner of the ‘‘Fenian’’ movement abroad, week? am a proud alumnus. Entrants in this recruiting former state militia members into Mr. ARMEY. Again, let me thank the contest were asked to discuss the con- their ranks. When the Civil War erupted, the gentlewoman for the inquiry. tributions that Irish Americans have nucleus of Irish regiments already been orga- If the gentlewoman would continue made to the betterment of our country. nized. During the Civil War, ‘‘Ireland pro- to yield, it would be our anticipation, Michael wrote of the ways that Irish vided the largest proportion of foreign born Americans have helped to shape our po- troops in the South and probably ranked Madam Speaker, that should we com- equal with Germany as the source of the plete our work on the budget Wednes- litical system, our education system, largest immigrant element in the Union ar- day night, that we would probably and our national literature and theater mies’’ (Blessing 1980, p. 536). The vast major- complete our work for the week at that and sports. He spoke of the unique ity of Irish-Americans in this conflict served point. prominence of women in Irish commu- the North, wearing sprigs of green in their Ms. PELOSI. I thank the gentleman nities, and the accomplishments that caps as they marched into battle (Blessing for the information, for giving us a spe- many women of Irish heritage have 1980, p. 536). In the First World War and the achieved in our country. Second, units such as the famous ‘‘fighting cific list of suspensions, in one case in sixty-ninth’’ extended this legacy of Irish- any event. Michael eloquently described the per- Americans answering the call to military sistence of Irish Americans in the face f duty. of ethnic and religious prejudice, and In the 1920s, D.W. Brogan noted that the ADJOURNMENT TO MONDAY, to overcome these obstacles and to Irish had come to constitute the ‘‘governing MARCH 18, 2002 make lasting and important contribu- class’’ of America (cited in Meager 1999, p. 286). At this time, white Anglo-Saxon Protes- Mr. ARMEY. Madam Speaker, I ask tions to American society. I commend Michael Pecora for his tants of English and Germanic ethnicity unanimous consent that when the made up the ‘‘ruling class’’ of the United House adjourns today, it adjourn to award-winning essay about Irish Amer- States, but is was the Irish who led the way meet at 2 p.m. on Monday next. icans, and congratulate him on his ac- in public service (notably, in the police and The SPEAKER pro tempore (Mrs. complishment. fire departments of the country’s developing Mr. Speaker, I include for the EMERSON). Is there objection to the re- cities) and in the nation’s political life. The quest of the gentleman from Texas? RECORD the essay by Mr. Pecora. 1880s and 1890s witnessed a wave of Irish ma- The document referred to is as fol- jors; by 1910, Irish governors, like David There was no objection. lows: Walsh of Massachusetts, Edward Dunne of Il- linois, and Alfred E. Smith of New York were f THE CONTRIBUTIONS OF IRISH-AMERICANS TO elected to the highest posts within their own THE DEVELOPMENT OF THE UNITED STATES HOUR OF MEETING ON TUESDAY, states. Al Smith’s selection as the Demo- MARCH 19, 2002 (By Mike Pecora) cratic Party’s nominee for the presidency in The many contributions of Irish-Ameri- Mr. ARMEY. Madam Speaker, I ask 1928 was a milestone for both the Irish and cans to the development of the United States for all Catholic Americans. Smith was de- unanimous consent that when the have enriched the true meaning of what an feated in this bid, but some three decades House adjourns on Monday, March 18, American citizen represents today. Although later, John F. Kennedy completed the break- 2002, it adjourn to meet at 12:30 p.m. on these accomplishments are numerous and through (Vinyard 1997, p. 468). In the 1968 Tuesday, March 19, for morning hour varied, there are spheres of endeavor in presidential contest, his brother, Robert debates. which Americans of Irish birth or ancestry Kennedy challenged Eugene McCarthy to be- The SPEAKER pro tempore. Is there have distinguished themselves throughout come the Democratic standard-bearer; only objection to the request of the gen- our country’s history. Public service, poli- for Kennedy to be assassinated, and McCar- tics, and governance comprise one domain of tleman from Texas? thy to be defeated in the primaries. Never- American life in which the Irish, by their theless, in that same year, Irish Catholics There was no objection. overwhelming numbers, clearly left their im- held both positions of Speaker of the House f pact on our national life. As exemplified by of Representatives (John McCormack) and the Kennedys of Massachusetts, Irish-Ameri- majority leader of the Senate (Michael DISPENSING WITH CALENDAR cans have generally come from strong, sta- Mansfield). WEDNESDAY BUSINESS ON ble, and large families. But even more re- Given their Catholic faith, it is not sur- WEDNESDAY NEXT markably, we find a pattern of increasing up- prising that Irish-Americans have generally ward mobility from one generation to the come from large and stable families; the fre- Mr. ARMEY. Madam Speaker, I ask next. The key variable in this upward march quency of divorce among the Irish has been unanimous consent that the business has been education, particularly the edu- significantly lower than that of other ethnic in order under the Calendar Wednesday cation of women. During the twentieth cen- groups (Blessing 1980, p. 541). But the success rule be dispensed with on Wednesday tury, the Irish have been at the forefront of of Irish families is even more evident when next. the nation’s public and parochial educational we consider patterns of generational upward The SPEAKER pro tempore. Is there systems. Indeed, coming into a society domi- mobility. During the nineteenth century, objection to the request of the gen- nated by Anglo-Saxon Protestants, the Irish Irish-born immigrants did not fare well in tleman from Texas? took the lead in the creation of a distinctly the industrial capitalist economy of the American Catholicism. The collective cul- United States, Indeed, the ‘‘famine’’ Irish of There was no objection. tural achievements of Irish-Americans, from the 1850 and 1860s had a ‘‘dismal record of f literature and theater to sports and popular movement up the occupational scale’’ (Bless- entertainment are legend. Given that some ing 1980, p. 531). Nevertheless, second- and HONORING IRISH AMERICANS AND forty million Americans claimed some Irish third-generation Irish-Americans far exceed- ESSAY CONTEST WINNER MI- ancestry in the 1990 census, the collective ed the accomplishments of their parents and CHAEL ANTHONY PECORA BE- record of Irish-American achievements does grandparents. By 1980, with each successive FORE ST. PATRICK’S DAY not seem surprising (Meager 1999, p. 280). But generation of Irish-Americans, we see up- to get to where they are today, Irish-Amer- ward leaps in years of completed schooling, (Mr. FERGUSON asked and was ican have had to surmount major obstacles, occupational status, and household income given permission to address the House including entrenched ethnic and religious (Blessing 1980, p. 542). for 1 minute and to revise and extend prejudice. By doing so, not only did the Irish One especially important aspect of Irish- his remarks.) successfully assimilate into American soci- American support for education revolves Mr. FERGUSON. Mr. Speaker, I rise ety; they had a major part in the making of around gender. ‘‘Irish families often gave today to honor all Irish Americans and the ‘‘melting pot’’ itself. their daughters more education than their to wish everyone an early happy St. Long before the Great Potato Famine of sons; accordingly, second-generation Irish the late 1840s, substantial numbers of Irish women were able to take advantage of oppor- Patrick’s Day, which we will celebrate immigrants came to the shores of North tunities becoming available to females’’ this weekend. America (Griffin 1973, p. v). By the time of (Vinyard 1997, p. 466). Irish-American women I also would like to pay tribute to the American Revolution, there were an esti- were heavily over-represented within the Mr. Michael Anthony Pecora, the first mated 250,000 individuals of Irish descent liv- ranks of public school teachers during the H928 CONGRESSIONAL RECORD — HOUSE March 14, 2002 Progressive Era and thereafter (Vinyard 1997, Vinyard, JoEllen McNergney. ‘‘Irish.’’ Mohamad Atta has been approved, 6 p. 466). Moreover, Irish nuns and priests have American Immigrant Cultures: Builders of a months to the day after the real been important leaders in America’s paro- Nation. Vol. 1. Eds. David Levinson and Mel- Mohamad Atta crashed into our Twin chial school system. vin Ember, New York: MacMillan, 1997, 460– Towers. In the mid-nineteenth century, the Irish 469. established themselves as the dominant eth- This, of course, is unacceptable, and nic group within the American Catholic f the President of the United States has Church, and have held that status ever since SPECIAL ORDERS said so, and the President immediately (Vinyard 1997, p. 462). In 1970, for example, took action to start the investigation over 50 percent of the bishops and 34 percent The SPEAKER pro tempore. Under into the matters that led to this un- of the priests of the American Catholic the Speaker’s announced policy of Jan- seemly development in the school in Church reported an Irish background (Bless- uary 3, 2001, and under a previous order Florida. ing 1980, p. 542). Such outstanding individ- of the House, the following Members But it brings to mind that the Presi- uals as Cardinal William O’Connell of Bos- will be recognized for 5 minutes each. ton, Cardinal Francis Spellman of New York dent of the United States, as candidate City, and Spellman’s successor, Cardinal f George W. Bush in the Year 2000, noted John O’Connor, honorably led the Catholic The SPEAKER pro tempore. Under a that his observation of the Immigra- Church through the transition of Vatican II. previous order of the House, the gentle- tion and Naturalization Service was The Irish, therefore, left an unforgettable woman from Virginia (Mrs. JO ANN such that it could not go on in the imprint upon American Catholicism, cre- DAVIS) is recognized for 5 minutes. structure that was extant at that time, ating a model for both national and religious that we must separate the law enforce- allegiance. (Mrs. JO ANN DAVIS of Virginia ad- ‘‘Immigrants, but more often second- and dressed the House. Her remarks will ment segment of INS from that of the third-generation Irish, helped to create a appear hereafter in the Extensions of process of visas and naturalization and new American urban culture that emerged in Remarks.) citizenship. the late nineteenth and early twentieth cen- f This is a theme which members of turies’’ (Meager 1999, p. 288). Irish Americans the Committee on the Judiciary took The SPEAKER pro tempore. Under a were highly visible in the theater during this to heart, and we have introduced legis- previous order of the House, the gen- period. Playwrights like Eugene O’Neill, and lation and worked on legislation for bi- novelists like James T. Farrell, Edwin O’Con- tleman from Maryland (Mr. HOYER) is furcation of the INS so that we can nor, and, in the 1920s, F. Scott Fitzgerald, recognized for 5 minutes. home in on student visas, like the kind made world-class achievements in American (Mr. HOYER addressed the House. His that Mohamad Atta abused, so we can literature. At the same time, the Irish ex- remarks will appear hereafter in the celled in sports: John L. Sullivan in boxing home in on those who overstay their Extensions of Remarks.) and such individuals as Connie Mack, John visas, like the Mohamad Attas of the McGraw, and Charles Comiskey help to f world, so that we can keep track of the transform baseball into America’s pastime. The SPEAKER pro tempore. Under a It is only been in the second half of the attendance of students in our country twentieth century that the scope, and depth previous order of the House, the gen- and note the end of their scholarship at of Irish contributions to America has been tleman from North Carolina (Mr. a particular institution and then take given its full recognition. In January 1897, JONES) is recognized for 5 minutes. steps, when necessary, to make sure when the founders of the Irish American His- (Mr. JONES of North Carolina ad- they leave the country at the expira- torical Society issued that organization’s dressed the House. His remarks will ap- tion of the visas. founding statement, they lamented that pear hereafter in the Extensions of Re- All those are problems that are an- their countrymen had received ‘‘but scant marks.) ticipated to be solved when we proceed recognition’’ from U.S. historians and attrib- uted this neglect to ‘‘carelessness, ignorance, f with the bifurcation, the new struc- indifference or design’’ (American Irish His- The SPEAKER pro tempore. Under a ture, of the Immigration and Natu- tory Society, in Griffin, 1973, p. 121). Despite previous order of the House, the gen- ralization Service. One giant step that we have already their English-language advantage, the Irish tleman from California (Mr. HUNTER) is were subjected to both ethnic and religious recognized for 5 minutes. taken to get to the bottom of this is prejudice. This anti-Irish bias unfolded in (Mr. HUNTER addressed the House. that I have instructed our Sub- waves, increasing during the immigration committee on Immigration and Natu- period of the 1840s, the Progressive Era at His remarks will appear hereafter in the Extensions of Remarks.) ralization to formulate a hearing on the turn of the century, and into the 1920s this very same subject, and next week, with the revival of the anti-Catholic Ku Klux f or as soon as possible, we are going to Klan. As historian Patrick Blessing has put The SPEAKER pro tempore. Under a it: ‘‘The Irish were the first major immi- look into how this incident occurred. grant group to threaten the stability of previous order of the House, the gentle- We are going to determine from the American society. Out of their interaction woman from Ohio (Ms. KAPTUR) is rec- INS internal workings how this large with the host society, came a more diverse ognized for 5 minutes. hole in the process appeared, and we and tolerant America’’ (Blessing 1980, p. 545). (Ms. KAPTUR addressed the House. are going to take steps to cover that Despite decades of bigotry and repression, Her remarks will appear hereafter in hole forever, probably with a new the Irish assimilated into the American the Extensions of Remarks.) structure that we anticipate under the ‘‘melting pot’’. Indeed, not only did they serve as a model for other immigrant groups, f legislation that we have in front of us. in the process of becoming full-fledged Amer- The important thing to recognize RESTRUCTURING THE IMMIGRA- here is that we know, and we knew be- icans, they altered, enlarged, and enriched TION AND NATURALIZATION the very definition of an ‘‘American.’’ fore September 11, and so did Candidate SERVICE REFERENCES Bush know in the Year 2000, that we American Irish Historical Society. ‘‘An- The SPEAKER pro tempore. Under a must do something about the INS. It nouncement of the Organization of the previous order of the House, the gen- had grown, in agonizing detail, uncom- American Irish Historical Society, January, tleman from Pennsylvania (Mr. GEKAS) fortable in so many respects, not only 1897. ‘‘The Irish in America. Ed. William is recognized for 5 minutes. to the people who are subject to its Griffin, Dobbs Ferry, NY: Oceana Publica- Mr. GEKAS. Madam Speaker, I say process, who had to wait such long pe- tions, 1973, 121–122. Blessing, Patrick J. ‘‘Irish.’’ Harvard En- to the Speaker and to the Members riods of time for validation of their cyclopedia of American Ethnic Groups. Vol. that the ghost of Mohamad Atta has particular applications, but also on the 1. Ed. Stephen Thernstrom, Cambridge, MA: attacked our Nation. Following the question of border control and the Harvard University Press, 1980, 524–545. real Mohamad Atta and his crash into large question of illegal aliens and how Griffin, William. ‘‘Editor’s Foreword.’’ The the World Trade Center, his ghost, like many of them should be deported on Irish in America. Ed. William Griffin, Dobbs ashes left at Ground Zero, has arisen the spot. All these are problems that Ferry, NY: Oceana Publications, 1973, v–vi. and entered the public consciousness Meager, Timothy J. ‘‘Irish.’’ A Nation of we anticipate will be alleviated, if not Peoples: A Sourcebook of America’s Multi- again. removed entirely, by the new structure cultural Heritage. Ed. Elliott Robert This time, as everyone knows by that we envision. Barkan, Westport, CT: Greenwood Press, now, we learned from the aviation Now, to his credit, the President, to- 1999, 279–293. school in Florida that the visa for gether with the Attorney General, has March 14, 2002 CONGRESSIONAL RECORD — HOUSE H929 made some movements internally to do commuters. It would simply involve a lems get out of control. It has nothing exactly that, but it is not enough to transfer of 2 percent of the taxes that to do with the operating budget. But guarantee that this restructuring will commuters, almost all of them Federal we do have this problem which is en- take place. It will take a statute, and employees, already pay to the Federal tirely of your making, you the Federal I encourage all Members, Democrat Government. Government, because the Federal Gov- and Republican, to join in cosponsoring As a way to calculate the cost of the ernment has not thought about this our legislation to bring about this services, there has to be a limit on how problem and certainly the Congress has great idea of restructuring the INS. much money the Federal Government not. What we are pronouncing here today, is going to transfer, we say this money We introduced this bill, the Mayor Madam Speaker, is the death of the Im- is for the cost of the services provided and the city council Chair stood with migration and Naturalization Service Federal employees, so you take 2 per- me, indicating the importance of the as we know it. For whom the bell tolls? cent of the taxes they already pay. bill to the city. I appreciate that re- It tolls for the INS. There is no cost to the commuters. I gional members have seemed open. The new structure will meet these have never introduced a commuter tax. They have not embraced the bill yet, problems head on and accord the Amer- There is no cost to the American peo- but they say that it certainly does not ican public a new sense of security at ple, because there is no increase in hurt their own constituents in the re- the borders and deal with the problem taxes. gion and it will not hurt the American of the internal machinations of the The amount is infinitesimal. It is people. I ask for my colleagues’ study student visas and other visas. We aim $400 million a year, about that amount, of this bill and ultimate approval. to tighten up the process so that we going up only gradually as commuters’ f can guarantee the security of the salaries go up. That does not even reg- A SPECIAL TRIBUTE TO THE GIRL American people. ister in the Federal budget because it SCOUTS OF THE USA ON THEIR is so small. f 90TH ANNIVERSARY 1300 The SPEAKER pro tempore. Under a b The SPEAKER pro tempore (Mrs. previous order of the House, the gen- And it is about a third of the money EMERSON). Under a previous order of tleman from Maryland (Mr. CUMMINGS) that we think the taxpayers of the Dis- the House, the gentleman from Wash- is recognized for 5 minutes. trict of Columbia put out in order to ington (Mr. NETHERCUTT) is recognized (Mr. CUMMINGS addressed the deal with Federal employees, Federal for 5 minutes. House. His remarks will appear here- services, and the Federal presence. Mr. NETHERCUTT. Madam Speaker, after in the Extensions of Remarks.) No city in the United States has to I rise to pay special tribute to the Girl f carry this built-in, mandatory finan- Scouts on their 90th anniversary this cial imbalance. If we were in another week. I pay special respect to constitu- THE FAIR FEDERAL city, there is some State aid that helps ents of my State, my State of Wash- COMPENSATION ACT the city to handle it; or sometimes ington, who visited me this week in my The SPEAKER pro tempore. Under a there is a commuter tax or a wage tax office, Avis DeRuyter, Lindy Cator, previous order of the House, the gentle- of some kind to help the city. The Dis- Kathleen Houston, Grace Chien, and woman from the District of Columbia trict does not have any of that and Golden Award winner Katie Grimes, for (Ms. NORTON) is recognized for 5 min- cannot have any of that. Sometimes their work in bolstering the young utes. people build high because if you keep women of the Fifth Congressional Dis- Ms. NORTON. Madam Speaker, on building up, you can make up for the trict in eastern Washington through Monday I introduced the Fair Federal taxes that are lost. The District cannot the Girl Scouts organization. Compensation Act. The mayor of the do that. There is a height limit on how We had a very good discussion. They city and the City Council chair stood high we can build. The Federal Govern- told me how much they are doing to with me as I put this act forward. ment takes 42 percent of the land for reach girls from all walks of life to be Madam Speaker, the act is aimed at its own purposes. So we are trying to part of the Girl Scout organization, dealing with an impending crisis that I find a way to deal with this crisis be- and they have had great success. think the Congress would want to take fore it gets out of control and without The Girl Scouts have a marvelous hold of before it happens, particularly imposing any additional burdens. history. Ninety years ago, Juliette since the District has just come out of This method, this simple transfer, Gordon Low founded the first Girl a financial crisis, the worst in 100 based on the taxes commuters already Scout troop. She pictured an organiza- years, and this one is not of the Dis- pay, gives us a reasonably accurate cal- tion that would bring girls out of their trict’s own making. This is a crisis the culation of the services used by Federal sheltered home environments to serve District cannot tax its way out of, can- employees. It is a predictable amount, in their communities and experience not grow its way out of, because of re- which allows the District to do the nec- the open air. Within months, girl mem- strictions placed on the city by the essary budget forecasting. It costs bers were hiking through the woods in Federal Government. commuters nothing, it costs the Amer- their knee-length blue uniforms, play- I speak of a structural financial im- ican people nothing extra, and it is tied ing basketball in a curtained-off court, balance that comes from the require- to commuters’ salaries, so it goes up and going on camping trips. Fifty-two ment of the Federal Government that very modestly, and you do not have to years ago this week, Girl Scouts of the the taxpayers of the District of Colum- come to the Congress every year to get USA was chartered by the United bia pay for services rendered to the it appropriated, because it takes place States Congress. The Girl Scouts have Federal Government and to Federal simply as a part of a simple trans- come a long way in 90 years. employees without any reimbursement action, tax transaction. They started with just 18 members for those services. Because almost 1 We think that when we have done and a marvelous dream. Today, more million people come in every day, and what the District has done, which is to than 50 million American women en- only 600,000 people live here, it has be- pull itself out of the worst financial joyed Girl Scouting during their child- come impossible to do that, and over crisis in 100 years; when we are in the hood. Girl Scouts of the USA is the time, a new crisis will break out unless middle of a recession and yet the Dis- world’s preeminent organization dedi- we get hold of it now. trict still has a surplus because it has cated solely to girls where, in an ac- I think I have a win-win way to deal been so prudent; in other words, we cepting and nurturing environment, with that crisis through an infrastruc- have our operating budget under con- girls build character and skills for suc- ture fund that would benefit the entire trol, we think it is fair to come to the cess in the real world. region, not only the residents of the Federal Government and say we have In partnership with committed adult District of Columbia. It would reduce another kind of deficit; it is a struc- volunteers, the Girl Scouts cultivate this dangerous financial burden im- tural deficit. It has nothing to do with their full individual potential. The posed on the city without imposing our operating deficit. Trust us, we are qualities they develop in Girl Scouting, taxes on the American people or on never going to let the operating prob- leadership, values, social conscience, H930 CONGRESSIONAL RECORD — HOUSE March 14, 2002 and conviction about their own self- The motion was agreed to; accord- culture, transmitting the Department’s final worth serve them all of their lives. ingly (at 1 o’clock and 5 minutes p.m.) rule—Asian Longhorned Beetle; Addition to Today, there are nearly 3.7 million Girl under its previous order, the House ad- Quarantined Areas [Docket No. 01–092–2] re- Scouts, 2.8 million members, girl mem- journed until Monday, March 18, 2002, ceived March 5, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- bers, and 942,000 adult members, almost at 2 p.m. culture. all volunteers. f 5898. A letter from the Congressional Re- Therefore, it is important that we view Coordinator, Animal and Plant Health honor the Girl Scouts for their 90 years EXECUTIVE COMMUNICATIONS, ETC. Inspection Service, Department of Agri- of work in developing qualities in culture, transmitting the Department’s final young women today so that they may Under clause 8 of rule XII, executive rule—Change in Disease Status of Greece Be- serve as future leaders tomorrow. communications were taken from the cause of BSE [Docket No. 01–065–2] received March 5, 2002, pursuant to 5 U.S.C. f Speaker’s table and referred as follows: 5889. A letter from the Administrator, Ag- 801(a)(1)(A); to the Committee on Agri- The SPEAKER pro tempore. Under a culture. previous order of the House, the gen- ricultural Marketing Service, Fruit and Veg- etable Programs, Department of Agriculture, 5899. A letter from the Congressional Re- tleman from New York (Mr. ENGEL) is transmitting the Department’s final rule— view Coordinator, Animal and Plant Health recognized for 5 minutes. Olives Grown in California; Decreased As- Inspection Service, Department of Agri- (Mr. ENGEL addressed the House. His sessment Rate [Docket No. FV02–932–1 IFR] culture, transmitting the Department’s final remarks will appear hereafter in the received March 6, 2002, pursuant to 5 U.S.C. rule—National Poultry Improvement Plan Extensions of Remarks.) 801(a)(1)(A); to the Committee on Agri- and Auxilliary Provisions [Docket No. 00– 075–2] received March 5, 2002, pursuant to 5 f culture. 5890. A letter from the Congressional Re- U.S.C. 801(a)(1)(A); to the Committee on Ag- The SPEAKER pro tempore. Under a riculture. previous order of the House, the gen- view Coordinator, Animal and Plant Health Inspection Service, Department of Agri- 5900. A letter from the Congressional Re- tleman from New York (Mr. MEEKS) is culture, transmitting the Department’s final view Coordinator, Animal and Plant Health recognized for 5 minutes. rule—West Indian Fruit Fly [Docket No. 00– Inspection Service, Department of Agri- (Mr. MEEKS of New York addressed 110–4] received March 5, 2002, pursuant to 5 culture, transmitting the Department’s final the House. His remarks will appear U.S.C. 801(a)(1)(A); to the Committee on Ag- rule—Steam Treatment of Golden Nematode- hereafter in the Extensions of Re- riculture. Infested Farm Equipment, Construction marks.) 5891. A letter from the Administrator, Ag- Equipment, and Containers [Docket No. 01– ricultural Marketing Service, Fruit and Veg- 050–1] received March 5, 2002, pursuant to 5 f etable Programs, Department of Agriculture, U.S.C. 801(a)(1)(A); to the Committee on Ag- The SPEAKER pro tempore. Under a transmitting the Department’s final rule— riculture. previous order of the House, the gentle- Fresh Prunes Grown in Designated Counties 5901. A letter from the Congressional Re- woman from Florida (Mrs. THURMAN) is in Washington and Umatilla County, OR; De- view Coordinator, Animal and Plant Health recognized for 5 minutes. creased Assessment Rate [Docket No. FV01– Inspection Service, Department of Agri- (Mrs. THURMAN addressed the 924–1 FIR] received March 6, 2002, pursuant to culture, transmitting the Department’s final House. Her remarks will appear here- 5 U.S.C. 801(a)(1)(A); to the Committee on rule—Black Stem Rust; Identification Re- after in the Extensions of Remarks.) Agriculture. quirements and Addition of Rust Resistant 5892. A letter from the Administrator, De- Varieties [Docket No. 97–053–3] received f partment of Agriculture, transmitting the March 5, 2002, pursuant to 5 U.S.C. LEAVE OF ABSENCE Department’s final rule—Elimination of Re- 801(a)(1)(A); to the Committee on Agri- quirements for Partial Quality Control Pro- culture. By unanimous consent, leave of ab- grams; Certification of Scales [Docket No. sence was granted to: 5902. A letter from the Congressional Re- 97–001TF] (RIN: 0583–AC35) received March 5, view Coordinator, Animal and Plant Health Mr. MASCARA (at the request of Mr. 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Inspection Service, Department of Agri- GEPHARDT) for today on account of a Committee on Agriculture. culture, transmitting the Department’s final family illness. 5893. A letter from the Administrator, Ag- rule—Change in Disease Status of Japan Be- Mr. RUSH (at the request of Mr. GEP- ricultural Marketing Service, Fruit and Veg- cause of BSE [Docket No. 01–094–2] received HARDT) for today on account of family etable Programs, Department of Agriculture, March 5, 2002, pursuant to 5 U.S.C. business. transmitting the Department’s final rule— 801(a)(1)(A); to the Committee on Agri- Asian Longhorned Beetle; Addition to Quar- culture. f antined Areas [Docket No. 01–092–2] received 5903. A letter from the Principal Deputy March 6, 2002, pursuant to 5 U.S.C. SPECIAL ORDERS GRANTED Associate Administrator, Environmental 801(a)(1)(A); to the Committee on Agri- Protection Agency, transmitting the Agen- By unanimous consent, permission to culture. cy’s final rule—2, 4–D; Time-Limited Pes- address the House, following the legis- 5894. A letter from the Administrator, Ag- ticide Tolerance [OPP–301219; FRL–6827–1] lative program and any special orders ricultural Marketing Service, Fruit and Veg- (RIN: 2070–AB78) received March 8, 2002, pur- etable Programs, Department of Agriculture, heretofore entered, was granted to: suant to 5 U.S.C. 801(a)(1)(A); to the Com- transmitting the Department’s final rule— (The following Members (at the re- mittee on Agriculture. quest of Mr. UDALL of Colorado) to re- Tomatoes Grown in Florida; Decreased As- sessment Rate [Docket No. FV01–966–2 IFR] 5904. A letter from the Regulations Coordi- vise and extend their remarks and in- nator, Department of Health and Human clude extraneous material:) received March 6, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Committee on Agri- Services, transmitting the Department’s Mr. HOYER, for 5 minutes, today. culture. final rule—Compliance Alternatives for Pro- Ms. NORTON, for 5 minutes, today. 5895. A letter from the Administrator, Ag- vision of Uncompensated Services (RIN: 0906– Ms. KAPTUR, for 5 minutes, today. ricultural Marketing Service, Fruit and Veg- AA52) received March 5, 2002, pursuant to 5 Mr. CUMMINGS, for 5 minutes, today. etable Programs, Department of Agriculture, U.S.C. 801(a)(1)(A); to the Committee on En- Mr. ENGEL, for 5 minutes, today. transmitting the Department’s final rule— ergy and Commerce. Mr. MEEKS of New York, for 5 min- Oranges, Grapefruit, Tangerines and Tan- 5905. A letter from the Principal Deputy utes, today. gelos Grown in Florida; Decreased Assess- Associate Administrator, Environmental Mrs. THURMAN, for 5 minutes, today. ment Rate [Docket No. FV01–905–3 IFR] re- Protection Agency, transmitting the Agen- (The following Members (at the re- ceived March 6, 2002, pursuant to 5 U.S.C. cy’s final rule—Approval and Promulgation quest of Mr. NETHERCUTT) to revise and 801(a)(1)(A); to the Committee on Agri- of State Implementation Plans; Indiana extend their remarks and include ex- culture. [IN139–1a; FRL–7155–3] received March 8, 2002, traneous material:) 5896. A letter from the Congressional Re- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mittee on Energy and Commerce. Mr. HUNTER, for 5 minutes, today. view Coordinator, Animal and Plant Health 5906. A letter from the Principal Deputy Mr. GEKAS, for 5 minutes, today. Inspection Service, Department of Agri- culture, transmitting the Department’s final Associate Administrator, Environmental Mr. NETHERCUTT, for 5 minutes, rule—Citrus Canker; Quarantined Areas Protection Agency, transmitting the Agen- today. [Docket No. 01–079–2] received March 5, 2002, cy’s final rule—Approval and Promulgation f pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- of Air Quality Implementation Plans; Maine; ADJOURNMENT mittee on Agriculture. Control of Gasoline Volatility [ME065–7014a; 5897. A letter from the Congressional Re- A–1–FRL–7152–1] received March 8, 2002, pur- Mr. NETHERCUTT. Madam Speaker, view Coordinator, Animal and Plant Health suant to 5 U.S.C. 801(a)(1)(A); to the Com- I move that the House do now adjourn. Inspection Service, Department of Agri- mittee on Energy and Commerce. March 14, 2002 CONGRESSIONAL RECORD — HOUSE H931 5907. A letter from the Principal Deputy By Mr. SMITH of Michigan: tivities and key community development Associate Administrator, Environmental H.R. 3965. A bill to authorize the establish- programs; to the Committee on Financial Protection Agency, transmitting the Agen- ment of a Center for Plant Disease Control Services. cy’s final rule—Approval of the Clean Air in the Department of Agriculture; to the By Mr. LEACH (for himself and Ms. Act Section 111 and 112 Delegation of Au- Committee on Agriculture. LEE): thority Updates to the Washington State De- By Ms. RIVERS (for herself and Mr. H.R. 3975. A bill to provide for acceptance partment of Ecology, Benton Clean Air Au- WELDON of Florida): of the Fourth Amendment to the Articles of thority, Northwest Air Pollution Authority, H.R. 3966. A bill to direct the Director of Agreement of the International Monetary Puget Sound Clean Air Agency, and Spokane the Office of Science and Technology Policy Fund, to provide for the Special Drawing County Air Pollution Control Authority to conduct a study of the impact of Federal Rights allocated to the United States pursu- [FRL–7153–2] received March 8, 2002, pursuant policies on the innovation process for ant to the amendment to be contributed to to 5 U.S.C. 801(a)(1)(A); to the Committee on genomic technologies, and for other pur- the Global Fund to Fight AIDS, Tuberculosis Energy and Commerce. poses; to the Committee on Science, and in and Malaria, and to require the Secretary of 5908. A letter from the Principal Deputy addition to the Committee on the Judiciary, the Treasury to seek negotiations for the Associate Administrator, Environmental for a period to be subsequently determined purpose of inducing the other member coun- Protection Agency, transmitting the Agen- by the Speaker, in each case for consider- tries of the International Monetary Fund to cy’s final rule—Acquisition Regulation: Ad- ation of such provisions as fall within the ju- make similar contributions to that Global ministrative Changes and Technical Amend- risdiction of the committee concerned. Fund, and for other purposes; to the Com- ments [FRL–7155–7] received March 8, 2002, By Ms. RIVERS (for herself and Mr. mittee on Financial Services. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- WELDON of Florida): By Mr. MCDERMOTT (for himself and mittee on Government Reform. H.R. 3967. A bill to amend title 35, United Mr. STARK): 5909. A letter from the Director, Office of States Code, to provide for noninfringing H.R. 3976. A bill to amend title XVIII of the Government Ethics, transmitting the Of- uses of patents on genetic sequence informa- Social Security Act to provide for a direct fice’s final rule—Executive Branch Financial tion for purposes of research and genetic di- Medicare supplemental insurance option; to Disclosure, Qualified Trusts, and Certificates agnostic testing, and to require public dis- the Committee on Energy and Commerce, of Divestiture; Extensions of Filing Dates for closure of such information in certain patent and in addition to the Committee on Ways Certain Confidential Financial Disclosure applications; to the Committee on the Judi- and Means, for a period to be subsequently Report Filers (RIN: 3209–AA00) received ciary. determined by the Speaker, in each case for March 5, 2002, pursuant to 5 U.S.C. By Mr. GILMAN: consideration of such provisions as fall with- 801(a)(1)(A); to the Committee on Govern- H.R. 3968. A bill to provide Capitol-flown in the jurisdiction of the committee con- ment Reform. flags to the immediate family of fire fight- cerned. 5910. A letter from the Regulations Coordi- ers, law enforcement officers, emergency By Mr. MENENDEZ: nator, Department of Health and Human Re- medical technicians, and other rescue work- H.R. 3977. A bill to authorize the Secretary sources, transmitting the Department’s final ers who are killed in the line of duty; to the of the Interior to provide a grant to the rule—Ricky Ray Hemophilia Relief Fund Committee on House Administration. State of New Jersey for the construction of Program (RIN: 0906–AA56) received March 5, By Mr. HYDE: a memorial to the New Jersey victims of the 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the H.R. 3969. A bill to enhance United States terrorist attacks of September 11, 2001; to Committee on the Judiciary. public diplomacy, to reorganize United the Committee on Resources. 5911. A letter from the Program Analyst, States international broadcasting, and for By Mr. MENENDEZ: FAA, Department of Transportation, trans- other purposes; to the Committee on Inter- H.R. 3978. A bill to provide compensation mitting the Department’s final rule—Modi- national Relations. and income tax relief for the individuals who fication of Class E Airspace; Youngstown, Oh By Mr. DINGELL (for himself, Mr. were victims of the terrorist-related bomb- [Airspace Docket No. 00–AGL–24] received TOWNS, Mr. MARKEY, Ms. DEGETTE, ing of the World Trade Center in 1993 on the February 19, 2002, pursuant to 5 U.S.C. Mr. BARRETT, and Mr. ENGEL): same basis as compensation and income tax H.R. 3970. A bill to improve the setting of 801(a)(1)(A); to the Committee on Transpor- relief is provided to victims of the terrorist- accounting standards by the Financial Ac- tation and Infrastructure. related aircraft crashes on September 11, counting Standards Board, to provide sound 5912. A letter from the Program Analyst, 2001; to the Committee on the Judiciary, and and uniform accounting and financial report- FAA, Department of Transportation, trans- in addition to the Committee on Ways and ing for public utilities, to clarify the respon- mitting the Department’s final rule—Modi- Means, for a period to be subsequently deter- sibility of issuers for the transparency and fication of Class E Airspace; Cleveland, OH; mined by the Speaker, in each case for con- honesty of their financial statements and re- modification of class E Airspace; Medina, sideration of such provisions as fall within ports, and to enhance the governance of the OH; and revocation of Class E Airspace; Elyr- the jurisdiction of the committee concerned. accounting profession; to the Committee on ia, OH [Airspace Docket No. 00–AGL–23] re- By Mr. PITTS (for himself and Mr. Financial Services, and in addition to the ceived February 19, 2002, pursuant to 5 U.S.C. KIRK): Committee on Energy and Commerce, for a H.R. 3979. A bill to provide for the exten- 801(a)(1)(A); to the Committee on Transpor- period to be subsequently determined by the sion of nondiscriminatory treatment (nor- tation and Infrastructure. Speaker, in each case for consideration of mal trade relations treatment) to the prod- 5913. A letter from the Congressional Re- such provisions as fall within the jurisdic- ucts of the Republic of Uzbekistan; to the view Coordinator, Animal and Plant Health tion of the committee concerned. Committee on Ways and Means. Inspection Service, Department of Agri- By Mr. HASTINGS of Washington (for By Mr. ROTHMAN (for himself, Mr. culture, transmitting the Department’s final himself, Mr. SMITH of Washington, HASTINGS of Florida, Mr. TOWNS, Mr. rule—Medicare and Medicaid Programs; Mr. NETHERCUTT, Ms. DUNN, Mr. INS- SERRANO, Mr. BALDACCI, Mr. FROST, Emergency Recertification for Coverage for LEE, Mr. DICKS, and Mr. LARSEN of and Mr. RANGEL): Organ Procurement Organizations (OPOs) Washington): H.R. 3980. A bill to provide for a circulating [CMS–3064–IFC] (RIN: 0938–AK81) received H.R. 3971. A bill to provide for an inde- commemorative coin to commemorate the March 5, 2002, pursuant to 5 U.S.C. pendent investigation of Forest Service fire- events of September 11, 2001; to the Com- 801(a)(1)(A); jointly to the Committees on fighter deaths that are caused by wildfire en- mittee on Financial Services. Ways and Means and Energy and Commerce. trapment or burnover; to the Committee on By Mr. TOOMEY: f Agriculture. H.R. 3981. A bill to amend the Congres- By Mr. JONES of North Carolina: sional Budget Act of 1974 to protect Social DISCHARGE OF COMMITTEE H.R. 3972. A bill to amend title 10, United Security beneficiaries against any reduction Pursuant to clause 2 of rule XII the States Code, to index for inflation the in benefits; to the Committee on Rules, and following action was taken by the amount of the death gratuity paid upon the in addition to the Committee on the Budget, death of a member of the Armed Forces on for a period to be subsequently determined Speaker: active duty; to the Committee on Armed by the Speaker, in each case for consider- The Committees on Transportation and In- Services. ation of such provisions as fall within the ju- frastructure and Education and the Work- By Mr. JONES of North Carolina (for risdiction of the committee concerned. force discharged from further consideration. himself and Mr. GUTKNECHT): By Mr. TRAFICANT: H.R. 3208 referred to the Committee of the H.R. 3973. A bill to amend the Internal Rev- H.R. 3982. A bill to apply recently imposed Whole House on the State of the Union and enue Code of 1986 to restore the tax exempt tariffs on steel imports towards assistance ordered to be printed. status of death gratuity payments to mem- for displaced steel workers and retirees; to bers of the uniformed services; to the Com- the Committee on Ways and Means, and in f mittee on Ways and Means. addition to the Committees on Education PUBLIC BILLS AND RESOLUTIONS By Mrs. JONES of Ohio (for herself and and the Workforce, and Energy and Com- Mr. WATTS of Oklahoma): merce, for a period to be subsequently deter- Under clause 2 of rule XII, public H.R. 3974. A bill to increase the expertise mined by the Speaker, in each case for con- bills and resolutions were introduced and capacity of community-based organiza- sideration of such provisions as fall within and severally referred, as follows: tions involved in economic development ac- the jurisdiction of the committee concerned. H932 CONGRESSIONAL RECORD — HOUSE March 14, 2002

By Mr. KERNS: H.R. 2629: Mr. BALDACCI, Mr. WYNN, and Mr. Thomas H. Allen, Robert Wexler, Calvin M. H. Con. Res. 350. Concurrent resolution ex- BARTLETT of Maryland. Dooley, Bob Clement, Dennis Moore, Robert pressing the sense of Congress that amnesty H.R. 2735: Mr. DEFAZIO and Ms. ESHOO. A. Borski, Rush D. Holt, Lois Capps, James should not be granted to individuals who are H.R. 2763: Mr. WILSON of South Carolina, P. Moran, Diana DeGette, Karen McCarthy, in the United States, or its territories, ille- Mr. EVERETT, and Mr. KERNS. Eva M. Clayton, Betty McCollum, Robert A. gally; to the Committee on the Judiciary. H.R. 2765: Mr. PETERSON of Minnesota. Brady, Joseph M. Hoeffel, Jane Harman, Wm. By Ms. MCCOLLUM: H.R. 2874: Mr. SERRANO. Lacy Clay, Barbara Lee, Carolyn McCarthy, H. Con. Res. 351. Concurrent resolution ex- H.R. 2937: Ms. BERKLEY. Elijah E. Cummings, Albert Russell Wynn, pressing the sense of Congress that the H.R. 3068: Mr. GARY G. MILLER of Cali- John B. Larson, Hilda L. Solis, John Elias United States should condemn the practice fornia. Baldacci, Neil Abercrombie, Michael M. of execution by stoning as a gross violation H.R. 3094: Mr. WALSH. Honda, Tom Udall, Mike Ross, Leonard L. of human rights, and for other purposes; to H.R. 3113: Mr. PASTOR. Boswell, Shelley Berkley, Juanita Millender- the Committee on International Relations. H.R. 3192: Mr. FOLEY. McDonald, Adam B. Schiff, Grace F. By Mr. POMBO (for himself, Mr. STU- H.R. 3321: Mr. PALLONE and Mr. NEAL of Napolitano, Xavier Becerra, Gregory W. PAK, Mr. OTTER, Mrs. DAVIS of Cali- Massachusetts. fornia, Mr. KILDEE, Mr. SCHAFFER, Meeks, Bill Pascrell, Jr., David D. Phelps, H.R. 3332: Mr. BROWN of Ohio, Mr. Mr. MCINNIS, Mr. SIMPSON, and Mr. Joe Baca, Lynn N. Rivers, Diane E. Watson, LATOURETTE, Mr. SESSIONS, Mr. KNOLLEN- STUMP): Michael E. Capuano, Lloyd Doggett, Fortney BERG, and Mr. SANDLIN. H. Con. Res. 352. Concurrent resolution ex- Pete Stark, William D. Delahunt, Carrie P. H.R. 3337: Mr. ALLEN. pressing the sense of Congress that Federal Meek, Sheila Jackson-Lee, Gary L. Acker- H.R. 3414: Mr. SAWYER. land management agencies should fully im- man, Stephen F. Lynch, Lynn C. Woolsey, H.R. 3450: Mr. FLETCHER and Mr. DIAZ- plement the Western Governors Association John Conyers, Jr., Peter A. DeFazio, Mark BALART. ‘‘Collaborative 10-year Strategy for Reducing Udall, Susan A. Davis, Nick Lampson, Jose´ H.R. 3473: Mr. LARSEN of Washington. Wildland Fire Risks to Communities and the E. Serrano, Nita M. Lowey, Louise McIntosh H.R. 3609: Mr. NETHERCUTT, Mr. BARCIA, Environment‘‘ to reduce the overabundance Slaughter, John F. Tierney, Stephanie Tubbs Mr. ENGLISH, Mr. RADANOVICH, Mr. COMBEST, of forest fuels that place national resources Jones, Tammy Baldwin, Mike McIntyre, Ted Mr. QUINN, Mr. STENHOLM, Mr. MORAN of at high risk of catastrophic wildfire, and pre- Strickland, Bob Etheridge, Nydia M. Kansas, Mr. NORWOOD, Mr. CULBERSON, Mr. pare a National Prescribed Fire Strategy ´ BLUNT, Mr. POMBO, and Mr. DUNCAN. Velazquez, Patsy T. Mink, Bobby L. Rush, that minimizes risks of escape; to the Com- Tom Lantos, George Miller, Robert E. An- mittee on Agriculture, and in addition to the H.R. 3661: Mr. MOORE. H.R. 3678: Mr. BARTLETT of Maryland. drews, Donald M. Payne, Major R. Owens, Committee on Resources, for a period to be Eddie Bernice Johnson, Barney Frank, Caro- subsequently determined by the Speaker, in H.R. 3690: Mr. FRANK, Mrs. JONES of Ohio, lyn C. Kilpatrick, James E. Clyburn, John W. each case for consideration of such provi- Mr. BERMAN, Mr. HONDA, Mr. UNDERWOOD, Olver, Bennie G. Thompson, Gene Green, Jim sions as fall within the jurisdiction of the and Ms. LOFGREN. Turner, Patrick J. Kennedy, Janice D. committee concerned. H.R. 3705: Mr. DOOLITTLE, Mr. SCHAFFER, By Mr. BURTON of Indiana (for himself Mr. CALVERT, Mr. THORNBERRY, Mr. HERGER, Schakowsky, Jay Inslee, Dennis J. Kucinich, and Mr. RANGEL): Mr. RADANOVICH, Mr. SIMPSON, Mr. LINDER, Ed Pastor, Martin Olav Sabo, James H. H. Res. 370. A resolution recognizing the and Mr. STUMP. Maloney, Zoe Lofgren, David E. Bonior, Ellis Island Medal of Honor and commending H.R. 3706: Mr. DOOLITTLE, Mr. SCHAFFER, Jerrold Nadler, Bart Gordon, Earl F. Hill- the National Ethnic Coalition of Organiza- Mr. CALVERT, Mr. THORNBERRY, Mr. HERGER, iard, Dale E. Kildee, Anthony D. Weiner, tions; to the Committee on the Judiciary. Mr. RADANOVICH, Mr. SIMPSON, and Mr. Chaka Fattah, Karen L. Thurman, Frank STUMP. Pallone, Jr., Darlene Hooley, Ken Lucas, f H.R. 3707: Mr. DOOLITTLE, Mr. SCHAFFER, Tim Holden, Martin T. Meehan, Robert T. ADDITIONAL SPONSORS TO PUBLIC Mr. CALVERT, Mr. THORNBERRY, Mr. HERGER, Matsui, Tom Sawyer, Brad Sherman, Mau- BILLS AND RESOLUTIONS Mr. RADANOVICH, and Mr. STUMP. rice D. Hinchey, William J. Coyne, Earl H.R. 3733: Ms. SLAUGHTER. Blumenauer, Sherrod Brown, Jerry F. Under clause 7 of rule XII, sponsors H.R. 3770: Mr. BRADY of Pennslvania, Mr. Costello, William O. Lipinski, Brian Baird, were added to public bills and resolu- BLUNT, Mr. FOLEY, and Mr. BECERRA. Lane Evans, David R. Obey, Harold E. Ford, tions as follows: H.R. 3771: Mr. UNDERWOOD, Mr. Jr., Henry A. Waxman, Solomon P. Ortiz, H.R. 257: Mr. CALVERT, Mr. MCINTYRE, and CUNNINGHAM, and Ms. MCKINNEY. James A. Barcia, Lucille Roybal-Allard, Mr. BISHOP. H.R. 3784: Mr. WILSON of South Carolina, John Lewis, Howard L. Berman, Rick H.R. 292: Mr. WALSH, Ms. LOFGREN, Mr. Mr. LAFALCE, Mrs. DAVIS of California, Mr. Larsen, Silvestre Reyes, Bill Luther, Carolyn WATT of North Carolina, and Ms. JACKSON- OSBORNE, Mr. BURR of North Carolina, Mr. B. Maloney, Sanford D. Bishop, Jr., James P. WATTS of Oklahoma, Mr. SIMMONS, Mr. GIB- LEE of Texas. McGovern, Bob Filner, Mike Thompson, BONS, Mr. BERMAN, Mr. SOUDER, Mr. DUNCAN, H.R. 495: Mr. BALDACCI. John J. LaFalce, Ellen O. Tauscher, David E. Ms. MCCARTHY of Missouri, Mr. FILNER, Mr. H.R. 516: Mr. BLUNT. Price, Maxine Waters, Steny H. Hoyer, BRADY of Pennsylvania, Ms. BALDWIN, Mr. H.R. 572: Mr. MASCARA. BALDACCI, Mr. STRICKLAND, Mr. SCHIFF, AND Marcy Kaptur, Brad Carson, Chet Edwards, H.R. 638: Mrs. JONES of Ohio and Mr. WU. Mr. GORDON. Charles B. Rangel, Loretta Sanchez, Bernard H.R. 690: Mrs. JONES of Ohio. H.R. 3794: Mrs. KELLY, Ms. NORTON, Mr. Sanders, David Wu, Sam Farr, Frank Mas- H.R. 745: Ms. SLAUGHTER. ENGEL, Mr. NADLER, Ms. MCKINNEY, and Mr. cara, Joseph Crowley, Bart Stupak, John M. H.R. 764: Mr. KILDEE. ROTHMAN. Spratt, Jr., Steven R. Rothman, Edward J. H.R. 902: Ms. PRYCE of Ohio, Mr. ADERHOLT, H.R. 3805: Mr. CANTOR. Markey, Ike Skelton, Benjamin L. Cardin, Mr. ISRAEL, and Ms. DELAURO. H.R. 3842: Mr. MCINTYRE and Mr. PALLONE. Eliot L. Engel, Richard A. Gephardt, John D. H.R. 950: Mr. BARCIA. H.R. 3857: Mr. HOUGHTON and Mr. WATKINS. Dingell, Sander M. Levin, Corrine Brown, H.R. 1021: Mr. FOLEY. H.J. Res. 40: Mr. HALL of Ohio and Mr. Melvin L. Watt, Gary A. Condit, Robert H.R. 1109: Mr. WATTS of Oklahoma and Mr. KLECZKA. Menendez, Peter Deutsch, Norman D. Dicks, CALVERT. H. Con. Res. 315: Mr. JEFF MILLER of Flor- Vic Snyder, Luis V. Gutierrez, Julia Carson, H.R. 1136: Mr. BORSKI. ida. Tony P. Hall, James L. Oberstar, and Ron H.R. 1517: Mr. BENTSEN. Kind. H.R. 1522: Mr. PETERSON of Minnesota and f Ms. MCKINNEY. DISCHARGE PETITIONS H.R. 1535: Mr. ANDREWS. f H.R. 1626: Mrs. JO ANN DAVIS of Virginia. Under clause 2 of rule XV, the fol- H.R. 1779: Mr. KINGSTON and Mr. BALDACCI. lowing discharge petition was filed: DISCHARGE PETITIONS— H.R. 1842: Mr. OLIVER. Petition 6. March 13, 2002, by Mr. STEVE ADDITIONS OR DELETIONS H.R. 1943: Mr. HASTINGS of Florida, Mr. ISRAEL on House Resolution 352, was signed FARR of California, and Mr. MCGOVERN. by the following Members: Steve Israel, Rosa The following Members added their H.R. 1987: Mr. TOM DAVIS of Virginia and L. DeLauro, Martin Frost, Max Sandlin, Ciro names to the following discharge peti- Mr. BISHOP. D. Rodriguez, Nancy Pelosi, Jim McDermott, tions: H.R. 2301: Mr. OSE. Charles A. Gonzalez, Cynthia A. McKinney, H.R. 2406: Mr. TIERNEY. Jesse L. Jackson, Jr., Michael R. McNulty, Petition 4, by Mr. RANDY ‘‘DUKE’’ H.R. 2483: Mr. LEACH. Alcee L. Hastings, James R. Langevin, CUNNINGHAM, on House Resolution 271: Ted March 14, 2002 CONGRESSIONAL RECORD — HOUSE H933 Strickland, Tim Holden, and Harold E. Ford, court instead of deferring to prosecution in H.R. 2146 Jr. State or tribal court, and the criteria used OFFERED BY: MR. SCOTT f by the Government to make that decision in this and other cases. AMENDMENT NO. 3: Page 2, beginning in line AMENDMENTS (5) The projected cost to the Federal Gov- 22, strike ‘‘2243(a) (relating to sexual abuse of Under clause 8 of rule XVIII, pro- ernment of the life sentence, taking into ac- a minor’’. posed amendments were submitted as count capital and operating costs associated Page 4, after line 7 insert the following: follows: with imprisonment. (b) To assist the court to make the find- SEC. 3. LIFE IMPRISONMENT MAXIMUM FOR CER- H.R. 2146 ings required in subsections (a)(4) and (a)(5), TAIN REPEAT SEX OFFENDERS AGAINST CHILDREN. OFFERED BY: MR. CONYERS the Government attorney shall state on the AMENDMENT NO. 1: Page 4, after line 7, in- record such information as the court deems Section 2243(a) of title 18, United States sert the following: necessary to make such findings, including Code, is amended by striking the final period SEC. 3. STUDY OF IMPACT OF LEGISLATION. cost data provided by the Bureau of Prisons. and inserting ‘‘, but if the defendant has a (a) In each case in which a life sentence is In making the required findings, the court prior sex conviction (as defined in section imposed under section 3559(e), the judge shall shall not be bound by the information pro- 3559(e)) in which a minor was a victim, the make and transmit to the Administrative Of- vided by the Government attorney. court may sentence that defendant to im- fice of the United States Courts findings (c) The Administrative Office of the United prisonment for any term or years or for with regard to each of the following: States Courts shall annually compile and re- life.’’. (1) The applicable range under the Federal port the findings made under subsection (a) Redesignate succeeding sections accord- Sentencing Guidelines if the statutory min- to the Congress. ingly. imum life sentence had not applied. Redesignate succeeding sections accord- H.R. 2146 (2) The sentence that the court would have ingly. imposed on the defendant if the statutory H.R. 2146 OFFERED BY: MR. SCOTT minimum life sentence had not applied, in OFFERED BY: MS. JACKSON-LEE OF TEXAS AMENDMENT NO. 4: Page 4, after line 11, in- light of the nature and circumstances of the sert the following: offense, the history and characteristics of AMENDMENT NO. 2: Add at the end the fol- the defendant, and the other factors set forth lowing new section: SEC. 4. SPECIAL PROVISION FOR INDIAN COUN- in section 3553(a). SEC. . PROHIBITION OF FEDERAL EXPENDI- TRY. (3) The race, gender, age, and ethnicity of TURES. Section 3559(c)(6) of title 18, United States the victim and defendant. No federal funds shall be expended for this Code, is amended by inserting ‘‘or subsection (4) The reason for the Government’s deci- Act if there are more than five convicted sex (e)’’ after ‘‘this subsection’’ each place it oc- sion to prosecute this defendant in Federal offenders within any given ZIP code. curs. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, MARCH 14, 2002 No. 29 Senate The Senate met at 9:30 a.m. and was The assistant legislative clerk read that late this afternoon or tomorrow— called to order by the Honorable the following letter: or Monday, whatever he decides. DEBBIE STABENOW, a Senator from the U.S. SENATE, f State of Michigan. PRESIDENT PRO TEMPORE, Washington, DC, March 14, 2002. MEASURE PLACED ON THE PRAYER To the Senate: CALENDAR—H.R. 2175 The Chaplain, Dr. Lloyd John Under the provisions of rule I, paragraph 3, Mr. REID. Madam President, I under- Ogilvie, offered the following prayer: of the Standing Rules of the Senate, I hereby appoint the Honorable DEBBIE STABENOW, a stand H.R. 2175 is at the desk and due Bless the Lord, O my soul; and all that for its second reading. is within me, bless His holy name! Bless Senator from the State of Michigan, to per- form the duties of the Chair. The ACTING PRESIDENT pro tem- the Lord, O my soul, and forget not all ROBERT C. BYRD, pore. The Senator is correct. His benefits.—Psalm 103:1. President pro tempore. Mr. REID. I ask that H.R. 2175 be Let us pray: read a second time, but I also object to Gracious Father, source of all the Ms. STABENOW thereupon assumed any further proceedings. blessings of life, You have made us rich the chair as Acting President pro tem- The ACTING PRESIDENT pro tem- spiritually. We realize that You have pore. pore. The clerk will read the bill by placed in our spiritual bank account f title for the second time. abundant deposits for the work of this RECOGNITION OF THE ACTING The legislative clerk read as follows: day. You assure us of Your everlasting, MAJORITY LEADER loving kindness. You give us the gift of A bill (H.R. 2175) to protect infants who are The ACTING PRESIDENT pro tem- born alive. faith to trust You for exactly what we pore. The acting majority leader is rec- The ACTING PRESIDENT pro tem- will need each hour of this busy day ognized. ahead. You promise to go before us, pore. Objection having been heard, the preparing people and circumstances so f bill will be placed on the calendar. we can accomplish our work without SCHEDULE f stress or strain. You guide us when we Mr. REID. Madam President, this RESERVATION OF LEADER TIME ask You to help us. You give us gifts of morning the Senate will resume con- The ACTING PRESIDENT pro tem- wisdom, discernment, knowledge of sideration of the energy reform bill. pore. Under the previous order, the Your will, prophetic speech, and hope- The first amendment will be offered by leadership time is reserved. ful vision. Help us to draw on the con- the Senator from Wyoming, Mr. THOM- stantly replenished spiritual reserves AS. It is believed that will take several f You provide. Bless the Senators this hours this morning. We hope and in- NATIONAL LABORATORIES PART- day with great trust in You, great tend to have a vote before 12:30 today blessings from You, and great effec- NERSHIP IMPROVEMENT ACT OF on that amendment one way or the 2001 tiveness for You. You are our Lord and other. Saviour. Amen. After we complete work on the The ACTING PRESIDENT pro tem- f Thomas amendment, it has been con- pore. Under the previous order, the Senate will now resume consideration PLEDGE OF ALLEGIANCE templated by the two managers that we will go to a series of amendments of S. 517, which the clerk will report. The Honorable DEBBIE STABENOW led dealing with renewability. We know The legislative clerk read as follows: the Pledge of Allegiance, as follows: Senator JEFFORDS is going to offer an A bill (S. 517) to authorize funding for the I pledge allegiance to the Flag of the amendment; we know Senator KYL is Department of Energy to enhance its mis- United States of America, and to the Repub- going to be offering an amendment. We sion areas through technology transfer and lic for which it stands, one nation under God, partnerships for fiscal years 2002 through indivisible, with liberty and justice for all. want to complete that this afternoon 2006, and for other purposes. f as soon as we can. There are a number of other issues. Pending: APPOINTMENT OF ACTING Certainly one of the issues we need to Daschle/Bingaman further modified PRESIDENT PRO TEMPORE dispose of—we have spoken to Senator amendment No. 2917, in the nature of a sub- stitute. The PRESIDING OFFICER. The MURKOWSKI in this regard—is whatever Feinstein amendment No. 2989 (to amend- clerk will please read a communication he intends to do regarding drilling in ment No. 2917) to provide for increased aver- to the Senate from the President pro the ANWR wilderness. He will make a age fuel economy standards for passenger tempore (Mr. BYRD). decision as to whether he is going to do automobiles and light trucks.

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

S1871

. S1872 CONGRESSIONAL RECORD — SENATE March 14, 2002 Kerry/McCain amendment No. 2999 (To ‘‘(iii) provide fair and impartial procedures administration of bulk power system reli- amendment No. 2917) to provide for increased for enforcement of reliability standards ability, and may modify such delegation. average fuel economy standards for pas- through imposition of penalties (including The electric reliability organization and the senger automobiles and light trucks. limitations on activities, functions, or oper- Commission shall rebuttably presume that a The ACTING PRESIDENT pro tem- ations, or other appropriate sanctions); and proposal for delegation to a regional entity pore. Under the previous order, the ‘‘(iv) provide for reasonable notice and op- organized on an interconnection-wide basis portunity for public comment, due process, promotes effective and efficient administra- Senator from Wyoming, Mr. THOMAS, is openness, and balance of interests in devel- tion of bulk power system reliability and recognized to offer an amendment. oping reliability standards and otherwise ex- should be approved. Such regulation may AMENDMENT NO. 3012 TO AMENDMENT NO. 2917 ercising its duties. provide that the Commission may assign the Mr. THOMAS. Madam President, I ‘‘(3) If the Commission receives two or electric reliability organization’s authority send to the desk an amendment. more timely applications that satisfy the re- to enforce reliability standards directly to a The ACTING PRESIDENT pro tem- quirements of this subsection, the Commis- regional entity consistent with the require- pore. The clerk will report. sion shall approve only the application it ments of this paragraph. concludes will best implement the provisions The legislative clerk read as follows: ‘‘(4) The Commission may take such action of this section. as is necessary or appropriate against the The Senator from Wyoming [Mr. THOMAS], ‘‘(d) RELIABILITY STANDARDS.— electric reliability organization or a regional for himself and Mr. MURKOWSKI, proposes an ‘‘(1) An electric reliability organization entity to ensure compliance with a reli- amendment numbered 3012. shall file a proposed reliability standard or ability standard or any Commission order af- Mr. THOMAS. I ask unanimous con- modification to a reliability standard with fecting the electric reliability organization sent the reading of the amendment be the Commission. or a regional entity. dispensed with. ‘‘(2) The Commission may approve a pro- ‘‘(f) CHANGES IN ELECTRICITY RELIABILITY posed reliability standard or modification to ORGANIZATION RULES.—An electric reliability The ACTING PRESIDENT pro tem- a reliability standard if it determines that pore. Without objection, it is so or- organization shall file with the Commission the standard is just, reasonable, not unduly for approval any proposed rule or proposed dered. discriminatory or preferential, and in the rule change, accompanied by an explanation The amendment is as follows: public interest. The Commission shall give of its basis and purpose. The Commission, On page 21, strike line 16 and all that fol- due weight to the technical expertise of the upon its own motion or complaint, may pro- lows through page 23, line 24 and insert the electric reliability organization with respect pose a change to the rules of the electric re- following: to the content of a proposed standard or liability organization. A proposed rule or ‘‘Part II of the Federal Power Act (16 modification to a reliability standard, but proposed rule change shall take effect upon a U.S.C. 824 et seq.) is amended by inserting shall not defer with respect to its effect on finding by the Commission, after notice and the following after section 215 as added by competition. opportunity for comment, that the change is this Act: ‘‘(3) The electric reliability organization just, reasonable, not unduly discriminatory ‘‘SEC. 216. ELECTRIC RELIABILITY. and the Commission shall rebuttably pre- or preferential, is in the public interest, and ‘‘(a) DEFINITIONS.—For purposes of this sume that a proposal from a regional entity satisfies the requirements of subsection section— organized on an interconnection-wide basis (c)(2). ‘‘(1) ‘bulk-power system’ means the net- for a reliability standard or modification to ‘‘(g) COORDINATION WITH CANADA AND MEX- work of interconnected transmission facili- a reliability standard to be applicable on an ICO.— ties and generating facilities; Interconnection-wide basis is just, reason- ‘‘(1) The electric reliability organization ‘‘(2) ‘electric reliability organization’ able, and not unduly discriminatory or pref- shall take all appropriate steps to gain rec- means a self-regulating organization cer- erential, and in the public interest. ognition in Canada and Mexico. tified by the Commission under subsection ‘‘(4) The Commission shall remand to the ‘‘(2) The President shall use his best efforts (c) whose purpose is to promote the reli- electric reliability organization for further to enter into international agreements with ability of the bulk power system; and consideration a proposed reliability standard the governments of Canada and Mexico to ‘‘(3) ‘reliability standard’ means a require- or a modification to a reliability standard provide for effective compliance with reli- ment to provide for reliable operation of the that the Commission disapproves in whole or ability standards and the effectiveness of the bulk power system approved by the Commis- in part. electric reliability organization in the sion under this section. ‘‘(5) The Commission, upon its own motion United States and Canada or Mexico. ‘‘(b) JURISDICTION AND APPLICABILITY.—The or upon complaint, may order an electric re- ‘‘(h) RELIABILITY REPORTS.—The electric Commission shall have jurisdiction, within liability organization to submit to the Com- reliability organization shall conduct peri- the United States, over an electric reli- mission a proposed reliability standard or a odic assessments of the reliability and ade- ability organization, any regional entities, modification to a reliability standard that quacy of the interconnected bulk-power sys- and all users, owners and operators of the addresses a specific matter if the Commis- tem in North America. bulk power system, including but not limited sion considers such a new or modified reli- ‘‘(i) SAVINGS PROVISIONS.— to the entities described in section 201(f), for ability standard appropriate to carry out ‘‘(1) The electric reliability organization purposes of approving reliability standards this section. shall have authority to develop and enforce and enforcing compliance with this section. ‘‘(e) ENFORCEMENT.— compliance with standards for the reliable All users, owners and operators of the bulk- ‘‘(1) An electric reliability organization operation of only the bulk-power system. power system shall comply with reliability may impose a penalty on a user or operator ‘‘(2) This section does not provide the elec- standards that take effect under this section. of the bulk power system if the electric reli- tric reliability organization or the Commis- ‘‘(c) CERTIFICATION.— ability organization, after notice and an op- sion with the authority to order the con- ‘‘(1) The Commission shall issue a final portunity for a hearing— struction of additional generation or trans- rule to implement the requirements of this ‘‘(A) finds that the user or owner or oper- mission capacity or to set and enforce com- section not later than 180 days after the date ator of the bulk power system has violated a pliance with standards for adequacy or safe- of enactment of this section. reliability standard approved by the Com- ty of electric facilities or services. ‘‘(2) Following the issuance of a Commis- mission under subsection (d); and ‘‘(3) Nothing in this section shall be con- sion rule under paragraph (1), any person ‘‘(B) files notice with the Commission, strued to preempt any authority of any may submit an application to the Commis- which shall affirm, set aside or modify the State to take action to ensure the safety, sion for certification as an electric reli- action. adequacy, and reliability of electric service ability organization. The Commission may ‘‘(2) On its own motion or upon complaint, within that State, as long as such action is certify an applicant if the Commission deter- the Commission may order compliance with not inconsistent with any reliability stand- mines that the applicant— a reliability standard and may impose a pen- ard. ‘‘(A) has the ability to develop, and enforce alty against a user or owner or operator of ‘‘(4) Within 90 days of the application of reliability standards that provide for an ade- the bulk power system, if the Commission the electric reliability organization or other quate level of reliability of the bulk-power finds, after notice and opportunity for a affected party, and after notice and oppor- system; hearing, that the user or owner or operator tunity for comment, the Commission shall ‘‘(B) has established rules that— of the bulk power system has violated or issue a final order determining whether a ‘‘(i) assure its independence of the users threatens to violate a reliability standard. state action is inconsistent with a reliability and owners and operators of the bulk power ‘‘(3) The Commission shall establish regu- standard, taking into consideration any rec- system; while assuring fair stakeholder rep- lations authorizing the electric reliability ommendations of the electric reliability or- resentation in the selection of its directors organization to enter into an agreement to ganization. and balanced decision-making in any com- delegate authority to a regional entity for ‘‘(5) The Commission, after consultation mittee or subordinate organizational struc- the purpose of proposing and enforcing reli- with the electric reliability organization, ture; ability standards (including related activi- may stay the effectiveness of any state ac- ‘‘(ii) allocate equitably dues, fees, and ties) if the regional entity satisfies the pro- tion, pending the Commission’s issuance of a other charges among end users for all activi- visions of subsection (c)(2)(A) and (B) and the final order. ties under this section; agreement promotes effective and efficient ‘‘(j) APPLICATION OF ANTITRUST LAWS.— March 14, 2002 CONGRESSIONAL RECORD — SENATE S1873 ‘‘(1) IN GENERAL.—To the extent under- consumers will be able to get the power of course, we have merchant genera- taken to develop, implement, or enforce a re- they need where they need it and when tors. And more and more of that will liability standard, each of the following ac- they need it, the lights will go on and go, where they sell it outside of their tivities shall not, in any action under the stay on. In fact, probably no aspect of distribution area or, indeed, have no antitrust laws, be deemed illegal per se: ‘‘(A) activities undertaken by an electric our energy program touches more peo- distribution area at all. reliability organization under this section, ple than does electricity. New system strains are also being and The amendment we are offering created by the disillusion of vertically ‘‘(B) activities of a user or owner or oper- today does those things. It makes elec- integrated utilities and by the emer- ator of the bulk power system undertaken in tricity available and puts some reli- gence of new market structures and good faith under the rules of an electric reli- ability into it by establishing a nation- participants. Cooperation is being re- ability organization. wide organization which has the au- placed with competition. ‘‘(2) RULE OF REASON.—In any action under thority to establish and enforce reli- The result of these changes has been the antitrust laws, an activity described in paragraph (1) shall be judged on the basis of ability standards. an increase in the number and severity its reasonableness, taking into account all We have had our reliability stand- of violations of NERC’s voluntary reli- relevant factors affecting competition and ards, we have worked with them, there ability rules. reliability. are organizations, but we have not On occasion, we have even seen utili- ‘‘(3) DEFINITION.—For purposes of this sub- really been able to cause those things ties take power from the grid in direct section, ‘antitrust laws’ has the meaning to happen. This amendment takes into violation of NERC’s rules, and they given the term in subsection (a) of the first account—and this is very important— suffer no penalty. section of the Clayton Act (15 U.S.C. 12(a)), the regional differences that occur be- We all agree we need to protect reli- except that it includes section 5 of the Fed- ability. The question is not whether we eral Trade Commission Act (15 U.S.C. 45) to tween the West and the East. You can the extent that section 5 applies to unfair imagine, simply by geography, how dif- protect it. The question is, How do we methods of competition. ferent they are. protect it? That is, of course, what this ‘‘(k) REGIONAL ADVISORY BODIES.—The Under this amendment, the new reli- issue is all about. Commission shall establish a regional advi- ability organization will be run by Unfortunately, the reliability provi- sory body on the petition of at least two- market participants and will be over- sions in the Daschle bill take the thirds of the States within a region that seen by FERC. Basically what we are wrong approach. The Daschle bill gives have more than one-half of their electric saying is that the States and local peo- FERC the exclusive responsibility for load served within the region. A regional ad- ple and various interested parties can establishing and enforcing reliability visory body shall be composed of one mem- ber from each participating State in the re- participate in setting this up and will standards. This is very technical work gion, appointed by the Governor of each participate in it, overseen by FERC to that will require a very large commit- state, and may include representatives of make sure it works. The reliability or- ment of resources. agencies, States, and provinces outside the ganization will be made up of rep- Unfortunately, FERC does not have United States. A regional advisory body may resentatives from everyone who is af- either the technical capability or the provide advice to the electric reliability or- fected—residential, commercial, indus- manpower to take on such a significant ganization, a regional reliability entity, or trial consumers, State public utility new responsibility. FERC’s expertise is the Commission regarding the governance of commissioners, independent power pro- ratemaking, not in technical standard an existing or proposed regional reliability entity within the same region, whether a ducers, electric utilities, and others. setting. standard proposed to apply within the region There is no question we need a new Another key problem with the is just, reasonable, not unduly discrimina- system to safeguard the integrity of Daschle bill is that it does not recog- tory or preferential, and in the public inter- our power grid. Both the amendment nize regional differences in electrical est, whether fees proposed to be assessed and the Daschle bill create mandatory systems due to the geography, the mar- within the regional are just, reasonable, not and enforceable reliability rules, and ket design, the economics, and the unduly discriminatory or preferential, and in they do so in different ways, and that operational factors. Many fear that the public interest and any other responsibil- is what we are talking about—the dif- FERC does not have the sensitivity to ities requested by the Commission. The Com- the regional differences that are so mission may give deference to the advice of ference. The Daschle bill gives all the any such regional advisory body if that body authority and responsibility to FERC. critically important, and I suppose you is organized on an interconnection-wide FERC is to set the standards, FERC is could say particularly in the West, in basis. to enforce the standards. The fact is, that the West has moved a little more ‘‘(l) APPLICATION TO ALASKA AND HAWAII.— FERC is not prepared to do this job, quickly to this, but the rest of the The provisions of this section do not apply to nor do they have the expertise to do it. country will be moving necessarily Alaska or Hawaii.’’. The amendment, instead, establishes soon. Mr. THOMAS. Madam President, I a participant-run, FERC-overseen elec- Regional differences are best taken ask that Senator CRAPO and Senator tric reliability organization. This is into account by those who are closest GORDON SMITH be added as sponsors, key to this whole amendment and this to the problem and those who under- please. whole direction. It is a blend of Federal stand what needs to be done, and that, The ACTING PRESIDENT pro tem- oversight along with industry exper- unfortunately, is not FERC. pore. Without objection, it is so or- tise. It is similar to the bill the Senate In addition, the Daschle bill simply dered. passed unanimously in this Congress does not address adequately the needs Mr. THOMAS. Madam President, we last year. of the States for a meaningful role in of course are into our energy bill. One Over the years, the grid has been well the process of setting and enforcing re- of the important components of an en- protected through the voluntary stand- liability standards. This is, of course, ergy bill is the electricity section. ards established by the North Amer- an issue in lots of things, but it has al- There are a number of things we have ican Electric Reliability Council. ways been an issue in this electric re- done. Yesterday we did some things on NERC’s voluntary reliability stand- regulation business; that is, that the PUHCA and PURPA—had those elimi- ards, which are not enforceable cur- States outside of a State ought to have nated. We have done some other things rently, have generally been complied a great deal of involvement. And par- to make it work. The committee chair- with by the electric power industry. ticularly when we end up, as inevitably man and others were gracious enough But with the opening of wholesale we will, with RTOs and different kinds to accept those. power market to competition, our of distribution systems coming off a Today we have some other issues we transmission grid is being used in ways main national distribution trans- want to talk about, that are very im- in which it has not been used before mission channel, then the States and portant. This amendment deals with and, frankly, was not designed to be the regions need to have that ability to one of those. It is called reliability. used. have input. Of course, there is nothing more im- This is one of the big changes that Under the Daschle bill, the States, as portant than ensuring our electric has happened. It used to be that a util- any other interested or affected party, transmission grid will continue to be ity that did the distribution in the area can make their views known to FERC safe and continue to be reliable; that produced the power for that area. Now, as part of any formal rulemaking, but S1874 CONGRESSIONAL RECORD — SENATE March 14, 2002 FERC can disregard those State views, tion of Regulatory Utility Commis- The ACTING PRESIDENT pro tem- substituting FERC’s judgment for that sioners, which represent State public pore. The clerk will call the roll. of the States. utility commissions, the Western Gov- The legislative clerk proceeded to So I ask, who is more interested in ernors’ Association, and the adminis- call the roll. ensuring reliability than those who tration. Mr. BINGAMAN. Madam President, I would be directly affected? Why would The need for such a reliability sys- ask unanimous consent that the order anyone believe that FERC knows bet- tem has been cited in the President’s for the quorum call be rescinded. ter what to do than those who are di- national energy policy. It is one thing The ACTING PRESIDENT pro tem- rectly affected? I feel very strongly that Congress really should do as part pore. Without objection, it is so or- about that, as I think most of us do. of any energy bill. We have the oppor- dered. Far too often we have seen that tunity now to do that. Mr. BINGAMAN. Madam President, I FERC is more interested in abstract Both the Daschle bill and the amend- rise to discuss the issue before the Sen- notions of competition instead of con- ment speak to reliability of the trans- ate and explain my perspective on it crete issues of price and supply, which mission system. If you want more Fed- and hope that Senators can give their is what is really important in this reli- eral command and control by the attention, those in their offices, and ability aspect to consumers. FERC, and if you do not mind jeopard- their staffs. This is a complex issue we The Daschle bill also fails to account izing cross-border electric trade with are debating, the issue of reliability for the international nature of our Canada and Mexico, then vote against and how we deal with it. The underlying energy bill contains transmission grid. Canada is already this amendment. But if you want a re- provisions that are intended to create a part of a seamless North American alistic and effective reliability pro- system to ensure that the grid for de- grid, and Mexico is also an inter- gram that protects consumers, does livery of electricity is reliable. This is connect. not disrupt international trade, and al- an issue on which, as the Senator from If reliability is given to FERC, as in lows for regional differences to be Wyoming indicated, we all agree. the Daschle bill, FERC will be trying taken into account, then we need to Something needs to change in Federal to set standards applicable to and af- vote for this amendment. There are a couple letters I would law to ensure that the grid is reliable. fecting transmission in Canada and The most recent wake-up call was Mexico, over which FERC has no au- like to read from that we have re- ceived. This one is from the North what happened in California when the thority. I fear Canada and Mexico sim- lights went out. All of a sudden, every- ply will not allow their systems to be American Electric Reliability Council. It says: body starts looking around. Who do we regulated directly or indirectly by hold accountable? Whose job was it to FERC. After all, of course, they are For more than 30 years, NERC has sought to assure the reliability of the North Amer- keep the lights on? sovereign nations. ican bulk transmission system, working with We have an interstate transmission If these two nations withdraw from all segments of the industry, consumers and system in this country. It is one which collaborative efforts, not only will it federal and state regulators. Your amend- most would acknowledge is not ade- jeopardize the reliability of the entire ment would put in place a reliability man- quate for future demands. For that rea- North American grid, it will certainly agement system that builds upon this proven son, we are trying to ensure that the also seriously impair cross-border reliability mechanism, but upgrades it to provide for mandatory and enforceable reli- proper safeguards and mechanisms are trade in electricity. in place to keep this system reliable. Continued international trade is crit- ability standards. The Federal Energy Regu- latory Commission, FERC, will provide over- Up until now, the reliability of the ical to our supply of power. As we have sight and coordination in the United States, transmission system has been up to a seen in California, even a minor short- but unlike the existing language in S. 517, private organization. There is no Fed- fall of electricity can create significant your amendment would not have FERC di- eral responsibility for it. You could problems in terms of price spikes and rectly promulgating and enforcing reli- call the head of the Federal Energy blackouts. In short, we need to have ability rules. Regulatory Commission over and have that Canadian component. And they That is from this national group a hearing in front of the Energy Com- are a voluntary part of this system. that, by the way, is located in New Jer- mittee. He could say: You haven’t This amendment addresses all of sey. given us that job. You, the Congress, those concerns. In a nutshell, the This one is from APPA’s over 2,000 have not given us, the Federal Energy amendment converts the existing State and locally owned not-for-profit Regulatory Commission, the job of NERC voluntary reliability system electric utilities: keeping this system reliable. That be- into a mandatory reliability system. [This] amendment would ensure that a longs to NERC, which is the North The new reliability organization will broad-based industry self-regulating reli- American Electric Reliability Council. ability organization would be vested with have enforcement powers, with real They are the ones responsible. teeth to ensure reliability. The amend- the authority to set and enforce reliability standards. This type of organization—the Everybody, the industry included, re- ment provides that mandatory reli- North American Electric Reliability Coun- alizes that is not adequate for today’s ability rules will apply to all users of cil—already exists, but legislation is re- demands. We need to have some gov- the transmission grid. There are no quired to give NERC the ability to enforce ernmental accountability in addition loopholes. No one will be exempt. the standards that industry agrees should be to the expertise that NERC and other It will be participant run but subject promulgated. . . . organizations can bring to the system. to oversight by FERC in the United In contrast, [the Daschle bill] would allow The reliability system needs to apply the Federal Energy Regulatory Commission States and with the appropriate regu- to confer enforcement authority to a wide to all users. The rules need to be en- latory authorities in Canada and Mex- range of organizations—with potential for forceable. There need to be penalties if ico. varied and conflicting enforcement. you do not comply with the rules. It will utilize industry’s technical ex- We also have a letter from the Cana- Someone has to be able to slap your pertise to create reliability rules, and dian Embassy and from the Western wrist and say: Get in line and do what everyone will be able to participate. It Governors’ Association. everyone has agreed to do. assures a meaningful role for the I think there is a real opportunity, Nobody disagrees with the conclusion States and regional organizations in obviously, to deal with reliability. Our that FERC should have oversight of the development and enforcement of choices are whether we want to use the system that contains these require- the reliability standards. what is in place that has been proven ments. There are differences, however, There can be appropriate regional or whether we want to shift it to an- about how these principles should be variations that recognize that the East other agency of the Federal Govern- implemented. is different from the West. It will allow ment to make all the decisions at the I believe the provisions in the bill be- the participation of Canada and Mexico top level rather than including every- fore us, S. 517, take the simplest ap- without violating national sovereignty. one in it. proach possible. That is what we have The amendment has the backing of Madam President, I yield the floor. tried to do. We give FERC the responsi- the North American Electric Reli- Mr. BINGAMAN. Madam President, I bility. We provide tremendous flexi- ability Council; the National Associa- suggest the absence of a quorum. bility for FERC to defer to experts, to March 14, 2002 CONGRESSIONAL RECORD — SENATE S1875 defer to regional entities, to defer to The reliability structure, in my view, issuing them, the electric reliability private groups to implement the obli- needs to be simple and dependable. We organization would file the proposed gation. But when push comes to shove, should require that FERC implement a standards of modification with FERC. FERC has the responsibility to be sure system, give them guidelines and flexi- FERC may approve them if it deter- this system is reliable so when the bility to confer with experts, flexibility mines that the standards are just, rea- lights go out, we have someone to hold to defer to regional bodies. That is sonable, and not unduly discriminatory accountable. what we do in the underlying bill. We or preferential and in the public inter- The Western Governors’ Association should not create a system that is too est. FERC must give due weight to the has proposed an amendment—the Sen- complicated and causes the reliability technical expertise of the electric reli- ator from Wyoming has now offered of our electric system to remain in ability organization but shall not defer that amendment—that would take a question. with respect to a standard’s effect on far more cumbersome and complicated Let me take this down and just go competition. approach to accomplishing these goals. through more of a detailed explanation The electric reliability organization The proposal would create a tangle of of what I understand this proposal to and FERC must rebuttably presume— procedural red tape that could tie up be. This amendment that the Senator and that is in the statute. I know our attempts to make certain the grid is from Wyoming is offering would add a Presiding Officer is very familiar with reliable. For that reason, I have to op- new section, No. 215, to the Federal presumptions in the law and rebuttal pose the amendment. Power Act. presumptions in the law, and here The Thomas amendment would re- Just a second here. Let me jump there is a rebuttable presumption that quire FERC to create a reliability ahead. The provision the Senator from a proposal for a standard or a modifica- structure that first creates a national Wyoming is proposing contains a provi- tion that comes from a regional entity electric reliability organization to be sion that is as a result of an attempt that is organized on an interconnec- approved by FERC. Clearly, there are by NERC to reach a consensus among tion-wide basis is just and reasonable such organizations. We have NERC, industry participants about what needs and not unduly discriminatory. which I referred to a few minutes ago, to be done about reliability. This proc- Let me go to the map again. As to that exists. That should continue. But ess has been going on many years now. that provision that says there is a re- to put this requirement in law takes About 4 years ago, they came up with buttable presumption, a rebuttable pre- away flexibility. a 30-page document purporting to rep- sumption that any proposal for a The amendment allows creation of resent the agreement of a broad range standard or modification that comes regional reliability entities. It creates of industry participants. The proposal from a regional entity organized on an a rebuttable presumption that the was renegotiated several times over interconnection-wide basis is just and standard set by any such regional enti- the course of the years, often with key reasonable, where do we have a re- ty, on an interconnection-wide basis, constituencies dropping out of that gional entity organized on an inter- should be accepted by FERC. That is a consensus as they went forward. The connection-wide basis? One place: Cali- concern I will get into in more detail. The amendment creates a rebuttable most recent iteration—the one we are fornia, in the West. The rest of the presumption that standards offered by considering here—was a result of dis- country doesn’t benefit from that so- an interconnection-wide entity are just cussions last fall. At the conclusion of called rebuttable presumption. and reasonable and not unduly dis- those discussions, very few of the origi- If FERC cannot approve a standard, criminatory. It writes that into the nal consentees—if that is a good word— it must remand the standard to the law. It allows FERC only to remand to remained on board. The Electric Power electric reliability organization. FERC an electricity reliability organization Supply Association and the Associa- may order the electric reliability orga- or to regional entity rules that it de- tion of Marketers and Independent nization to propose a different standard termines are not just and reasonable. Power Producers oppose this new or a modification. The electric reli- It creates a complaint process that is version—the version now being offered ability organization may impose a pen- very cumbersome and would take as an amendment. The Electric Insti- alty on a user of the system that vio- months, if not years, to finally result tute—which is, of course, central in lates a standard. After notice and the in a compliance award. issues related to electricity—was un- opportunity for hearing, filing with the The structure is complex. It is large- able to endorse the proposal because Commission, the FERC may order com- ly unworkable as proposed. If someone they had opposition from several of pliance or a penalty. The Federal En- is acting in a way that the national re- their members. ergy Regulatory Commission must es- liability experts think endangers the The Western Governors’ Association tablish rules authorizing the electric stability of the delivery system, those has proposed language and that is what reliability organization to delegates its experts should not have to go through we have before us. authority to a regional entity. a cumbersome process in order to rem- Let me try to summarize their pro- All of this is in the amendment the edy the problem. posal. Their proposal gives the Com- Senator from Wyoming is proposing. These problems in the reliability of mission jurisdiction within the U.S. This goes on and on. Let me try to the system are extremely time sen- over an electric reliability organiza- summarize this by putting up a chart sitive. And you can’t set up a maze of tion and any regional entities and all or two and try to explain to the Senate procedural requirements that have to users, owners, and operators for the how this would work, as I understand be maneuvered before a remedy can be bulk power system for the purpose of it. Let me start with ‘‘Standard Pro- found. Only in one part of the country improving reliability and enforcing re- posal.’’ It really should have been enti- is there any likelihood that an inter- liability standards. The FERC must tled, ‘‘How Do You Propose a Reli- connection-wide entity can be created, issue a rule within 180 days of enact- ability Standard?’’ What is the process and that is the West, beyond the Rocky ment of this law, if it is enacted. FERC for proposing a reliability standard? Mountains. must certify an applicant, if it deter- FERC has a responsibility and jurisdic- Let me put up a map of the country. mines it has the ability to develop and tion to establish an electric reliability As I indicated, the amendment the enforce reliability standards, and that organization. That is what they do Senator is proposing is being offered by the applicant has rules that assure its here. So the ERO, electric reliability Governors from the western part of the independence of users, owners, and op- organization, under the Senator’s country—his Governor, my Governor erators while assuring fair stakeholder amendment, would be established. from New Mexico, who—I don’t know representation of directors in balanced Now, the ERO can delegate its au- the extent to which he is focused on decisionmaking in any committee. thority to a regional entity for stand- what he is proposing here. The only Compliance with standards is manda- ard proposals and enforcement. That is interconnection-wide entity that is tory. So the electric reliability organi- this box over here, which says ‘‘dele- likely to exist and meet these require- zation must file proposed standards or gated regional entity.’’ Remember that ments—or get the provisions under modifications with FERC. This is the regional entity is organized on an here is in the West, this large pink area under the amendment of the Senator interconnection-wide basis. Then that here. from Wyoming. Instead of FERC is when the rebuttable presumption S1876 CONGRESSIONAL RECORD — SENATE March 14, 2002 comes in. So if you are in the western regional entity, the proposal will then this—they do not have authority to part of the country, then there is the be remanded to the regional entity in- issue a compliance order. They cannot rebuttable presumption that comes in stead of FERC. If the regional entity say: Do this. All they can do is penalize that the regional entity should be ap- does not accept the proposal, it may re- for failing to comply, and they can im- proved. There is only one region in the submit it to the electric reliability or- pose a penalty. The penalty is then country where this interconnection- ganization, and the electric reliability submitted to FERC, which reviews it wide deference is applicable, and that organization then resubmits it to and may modify, affirm, or set aside is the West. The rest of the country FERC. It would go up to a delegated re- the electric reliability organization’s doesn’t benefit. gional entity, over to the electric reli- action. There are three interconnections: ability organization, and then to That is, they have that authority un- The 14 Western States that are in the FERC. less the electric reliability organiza- Western Electric Coordinating Council; Remember, there is a rebuttable pre- tion has already delegated its author- ERCOT, Electric Reliability Council of sumption for both the electric reli- ity to a regional entity. If there is a re- Texas; and then there is the rest of the ability organization and for FERC that gional entity with a delegated enforce- country. Currently, there are eight re- any proposal from a regional entity ment authority, then they have first gional reliability councils besides these that is organized on an interconnec- dibs at dealing with this issue. two—the one in the West and the one tion-wide basis is just and reasonable If the regional entity disagrees with in Texas. They are all in the eastern and not unduly discriminatory or pref- the electric reliability organization, it interconnection. It is a near certainty erential. We have these rebuttable pre- may not have the authority to file an that these eight entities will not be sumptions to which everyone is obli- enforcement action with FERC. But able to organize into an interconnec- gated to defer. that action needs to be filed by the re- tion-wide regional body so that the The consequence of this rebuttable gional entity, so that the electric reli- rest of the country does not receive, presumption/remand circle is that a re- ability organization is essentially dis- under this amendment, the same def- gional entity that wanted to prevent a placed from its authority and the au- erence as the West would receive. change in a standard could tie up the thority then has to be exercised by the As a consequence, there will be dif- decision for virtually forever. The im- regional entity at that point. Whether ferent structures for reliability compli- portant rule that governs reliability of the electric reliability organization ance and enforcement in different parts the transmission system could circle then files with FERC—exactly what of the country. through this system pretty much in- happens in that circumstance is not Perhaps the most disturbing detail of definitely, with nobody ever able to very clear. the proposal is that any entity that is come to a final decision. This may seem confusing. To me it is organized on an interconnection-wide These are time-sensitive decisions. confusing. I have heard other bills over basis must be assumed to be functional We are trying to keep the lights on. the course of the time in the Senate re- just because it is organized on an inter- These are not the kinds of decisions ferred to as the lawyer’s full employ- connection-wide basis. We are saying if that should be allowed to bog down in ment act of 19 whatever. This is the you are organized on an interconnec- this maze. Lawyer’s Full Employment Act of 2002, tion-wide basis, shown in pink on this Let me change charts and put up a particularly the Utility Lawyer’s Full map of the country, then you have the different chart. This is one that is Employment Act of 2002. presumption that you are a functional called FERC Proposed Modification. I hope that if a participant in a mar- organization. In the rest of the coun- Again, I am trying to describe the ket is acting in some manner that is try, a regional entity must prove it is amendment as I understand it, and if I not in compliance with reliability up to the task before there can be any am wrong about how this amendment rules, some action can be taken to delegation of authority to it. In the works, then I invite my colleagues who change that behavior quickly. That is West, and perhaps in Texas, it would are proposing the amendment to ex- in everyone’s interest. That is what we work the other way around. plain why I am wrong. were trying to do when we proposed The Commission and the national re- This is called FERC Proposed Modi- language to essentially say, OK, FERC, liability organization on which we will fication. If FERC believes it needs to you are responsible for being sure the be depending to keep the lights on, to propose a change, it can order the elec- reliability is guaranteed in the system. keep the electricity operating, must tric reliability organization to submit With this structure that is proposed prove that any regional entity is not the modification. We have an order in this amendment, the complaint has adequate, instead of requiring the enti- going from FERC to the electric reli- come to the ERO, to this electric reli- ty to prove it is adequate. Reliability, ability organization. Then the electric ability organization. They have to have in my view, is more important than reliability organization submits the time for notice. They have to have a that, and we need to require that all modification to FERC and the circle hearing. They, then, can impose a pen- parts of the structure in all parts of starts again. There are rebuttal pre- alty. They cannot issue a compliance the country demonstrate competence sumptions in here. There are remands order. Then their proposal needs to be to shoulder this heavy responsibility. going around in this chart as well. Nei- filed with FERC for further review and There is no reason we should write ther the electric reliability organiza- further action. into law presumptions that any par- tion nor FERC is empowered under this So the real question is, Will the ticular organization, which we do not amendment, as I read it, to bring this lights still be on? Will the electricity yet even have established in some to a conclusion. still be flowing? How long does this cases, knows what they are doing. Let me go to one other chart. This is take before a compliance order can be How are standards proposed? Let me a chart on how complaints are to be issued to stop the action that is threat- go through this chart as best I can. If handled under the system that is being ening the reliability of the system? Is the electric reliability organization, proposed in this amendment. it going to take weeks? Is it going to the ERO, that has been set up by If the electric reliability organiza- take months? Is it going to take years? FERC, wants to propose a standard, it tion receives a complaint that someone This amendment requires FERC to needs to file that with FERC. has failed to comply with a rule—and establish regional advisory councils on The Commission has the choice: It that is obviously what this whole sys- the petition of at least two-thirds of can approve the standard or, if it does tem is intended to deal with—it may, the States in the region. This is a good not find it is just and reasonable and after notice of hearing—that is shown idea. This is a part of the amendment not unduly discriminatory or pref- on the chart as: Does the electric reli- I think is a good idea. I am not sure as erential, it can remand the proposal ability organization want to act? The much process needs to be specified as back to the electric reliability organi- complaint is filed. If they want to act, the amendment does, but the general zation. It has two options: It can ap- they have to give notice, have a hear- idea is one that I certainly support. If prove it or remand it. ing, and propose a penalty. this were the amendment being offered, If the electric reliability organiza- They do not have authority under we would gladly accept that amend- tion has delegated its authority to a this amendment—and I underline ment. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1877 I think, though, the amendment that I think the requirement that FERC For those reasons, I urge that my is offered and the way it is worded only be able to remand standards that colleagues oppose the amendment and gives most States less deference than it finds not to be just and reasonable keep the bill as it is, which is much the language in our bill does. Our bill eliminates flexibility that FERC may simpler, which is much more straight- would allow FERC to defer to NERC, to well need to have. This interconnec- forward and which does not get into all defer to a regional council, to a similar tion-wide presumption essentially says, kinds of complexities which will be organization, or to a State regulatory if one happens to be in this pink area of contrary to our national interest. authority. In other words, if States the country, they are in this inter- I yield the floor. create a regional advisory council, connection-wide area, and therefore all The PRESIDING OFFICER (Mr. ED- FERC clearly can defer to that under these rebuttable presumptions apply. WARDS). The Senator from Oregon. the legislation that we proposed. And what they say gets particular def- Mr. SMITH of Oregon. Mr. President, The language we have before us in erence. I thank our chairman for his state- this amendment would allow FERC to I do not, quite frankly, understand, ment. I rise, though, in opposition to defer only to a regional advisory body and we are still trying to educate peo- his view, and I support the view of the if it is organized on an interconnec- ple on this amendment, but I cannot Senator of Wyoming and his amend- tion-wide basis. understand why Governors of these ment. I happen to be a cosponsor of it. So, again, we have this map. I will other States—there are a lot of States I think for people looking in, the C– put the map up again to reiterate the that are not in this pink area. I do not SPAN junkies like ourselves, may won- point. know why Governors in these other der what all the charts and all the This amendment was put together by States and commissioners in these maps and all the rhetoric might boil the Western Governors’ Association. I other States would support this pro- down to. In my view, it really boils understand that. That is the part of the posal. It gives them far fewer rights down to this: Should all power over country in which I live. I know that is than the Governors and the commis- power be vested within the beltway or the part of the country in which my sioners in the West have. So I have should we trust regional organizations colleagues who are proposing the some concerns about it. that know their areas, that know their amendment live. But in each case, the I will mention one other concern, and systems, to manage these systems? preference under the amendment goes then I will defer to my colleague, who That, in my view, is what this debate is to this part of the country. The def- is anxious to speak. As chairman of the all about. erence goes to another part of the Energy Committee, we have had sev- It is very important. There are great country. eral hearings so far this last year implications for how we reliably trans- I do not really think that is the right mit energy and keep the lights on in way to make national policy. I think where we bring in the FERC Commis- the regions of this country. we ought to have a uniform national sioners and we basically try to cross- examine them and ask them why they This amendment would ensure that a policy. The whole idea is to set up a self-regulating organization would be system that will work everywhere. have not done this and why they have given the authority to establish and I will summarize my objections. I not done that and why they are not liv- enforce reliability standards. This know my colleague from Oregon is anx- ing up to their responsibilities in this ious to speak in favor of the amend- regard. We had a bunch of those hear- amendment is supported by the West- ment. I will summarize some of my ings when the lights were going out in ern Governors’ Association, the Amer- other views, and then I will defer to California. ican Public Power Association, and him. If we pass this amendment, my firm most of the transmitting utilities of In general, the proposal of the West- belief is next time the lights go out the West. ern Governors’ Association specifies somewhere, and we bring those Com- For those in the West who lived matters that I believe are better left to missioners before the committee and through the blackout of August 10, experts to sort out. The proposal we say, now, why were you not carrying 1996, the need for an enforcement have in the bill would allow FERC to out your responsibility, they have a mechanism for transmission reliability approve a reliability organization that ready answer. Their answer will be: We standards is clear. That blackout, fits this description to defer to regional were carrying out our responsibility. which literally stretched from Texas to entities or to the electric reliability You told us our responsibility was to Portland to Los Angeles, was the result organization, but it does not require it. presume these folks knew what they of a series of seemingly independent Our language does not contain all of were doing, and we have been pre- events that sent the western trans- these rebuttable presumptions. suming it, and now it turns out they mission system cascading into a black- When I first read through this, I did not know what they were doing. So out. The ensuing blackout covered thought to myself: Why in the world do not criticize us. You are putting the parts of seven Western States and are we putting in all these rebuttable responsibility somewhere else. You caused severe economic disruption on presumptions? A rebuttable presump- told us there is a rebuttable presump- the west coast. The event caused the tion is essentially a burden of proof, a tion that they know exactly what they Western Systems Coordinating Council standard of proof, that is put in in are doing and they can handle all of to reevaluate its notification proce- order to be in a position that later on this. dures. Such an event has not been re- someone can review that, when it is ap- So we were trying to get out of that. peated since. pealed, to see whether the standard We were trying to say: Look, let us fix The only thing that regional trans- was met, whether or not the burden of responsibility in the hands of a group mission reliability organizations lack proof was met. that the President appoints and that is an enforcement mechanism. That is I shudder to think of the number of we confirm and then encourage them what we provide in this amendment. appeals that will be taken from deci- to delegate that as they say fit, but not To date, we have relied upon vol- sions by one or another of these enti- give them the out of saying they are untary compliance by transmitting ties on the basis that the presumption, not responsible; that it was someone utilities to keep the lights on. While which we are being asked to write into else’s job and it was not theirs. such voluntary compliance has been law, was not adequately rebutted. I do I very much fear this amendment, if largely successful, there are growing not really know why we see it in our adopted, will give them a very conven- concerns that such voluntary means interest, why it would be in the na- ient out. We will then be having long, may not work in a deregulated whole- tional interest, for us to write into law complicated hearings going through sale electricity market. Frankly, if we all sorts of rebuttable presumptions charts about whose rebuttable pre- are going to move away from a vol- which then complicate the situation sumption was met and whose rebut- untary system, I would much rather and invite appeal from whatever deci- table presumption was rebutted, and give the enforcement authority envi- sion is made. We have some real inter- that is not going to be good for the sioned under this bill to established re- est in seeing some finality brought to country. It is not going to keep the gional organizations that are well re- these decisions if we are going to have electricity going. It is not going to spected and know the intricacies of the a reliable system. keep the lights on. systems which they regulate. S1878 CONGRESSIONAL RECORD — SENATE March 14, 2002 This approach is embodied in the Canada’s position is that a self-regulating way for these decisions. That is the amendment before the Senate today. I reliability organization, with members rep- bottom line. thank Senator THOMAS for offering this resenting both countries, would be best It is a complicated business. How- commonsense solution to transmission placed to develop, implement and enforce ever, in the current underlying bill, consistent reliability standards for the inter- practically anyone can go to FERC. It reliability. Our chairman’s approach, connected North American electricity grid, again, moves all enforcement authority while respecting the jurisdiction of sovereign is not uncomplicated there. The bill we to Washington, DC, under FERC’s ju- regulatory bodies. I understand that a simi- are discussing gives FERC responsi- risdiction. We do not need to vest this lar position is supported by the Western Gov- bility to defer to other organizations. authority with FERC, which has no ernors Association and by major electricity FERC need not defer to anyone on any- history on this issue and, in my view, associations. thing if they choose not to. It is given no technical expertise on standards for The approach in S. 517 will not provide for sweeping new authority to preempt the transmission systems. the effective management of reliability judgments of existing State and na- standards for the interconnected North The amendment before the Senate tional organizations with respect to American electricity grid. I urge you to give the availability for transmission sys- mirrors in spirit, if not in detail, the strong consideration to our shared interest reliability legislation which was re- in an increasingly integrated North Amer- tems to supply the demand. That is ported out of the Senate Energy and ican market and to our mutually beneficial where we are with the amendment. Natural Resources Committee in the electricity trade. The amendment builds on an existing 106th Congress and was passed by the Yours sincerely, system. If you go to FERC, there is full Senate. I introduced this legisla- MICHAEL KERGIN, nothing to build on. Here, there is. Go tion at the beginning of this Congress, Ambassador. to FERC: There are no people who have and I urge my colleagues to follow the Mr. SMITH of Oregon. I note a few of the expertise to do these things. In the action of this body in the last Con- the words in particular. He expressed existing system, there are. It does not require a new bureauc- gress. We do not need to change that. to Senator DASCHLE a concern that this racy which would come about under What was offered then, what is offered legislation would ‘‘have a negative im- the existing bill. Bulk power system re- today, is the right fix for transmission pact on Canadian-U.S. electricity liability will continue to be managed reliability. trade.’’ outside of FERC’s hearing rooms un- In conclusion, I reference a letter by I can say in the California debacle less a problem arises. Then, of course, the Canadian Ambassador to Senator last year, but for Canadian power, it we can invoke FERC’s intervention. DASCHLE dated March 13, 2002. I ask would have been far worse than it That is the way it is designed to be, to unanimous consent the letter be print- ended up being. Anything we are doing start at the grassroots, do the decision- ed in the RECORD. that could disrupt the trade we have making there, and still have the oppor- There being no objection, the letter with Canada on energy would be a step tunity to go to FERC through the net- was ordered to be printed in the back, not a step forward. That is why work. That is not strange and unusual. RECORD, as follows: the Canadian Government has notified That is why we have States. That is CANADIAN EMBASSY, the Senate leadership that the amend- ment offered by the Senator from Wyo- why we have local government. Washington, DC, March 13, 2002. The amendment in the existing bill, ming is the right thing to do. The un- Hon. THOMAS A. DASCHLE, under the Daschle bill, requires FERC Senate Majority Leader, U.S. Senate, derlying proposal is the wrong thing to to create a reliability structure. Ours Washington, DC. do in terms of our relationship with does not. FERC need only approve reli- DEAR SENATOR DASCHLE: I wrote to you on Canada. ability organizations that meet the re- November 2, 2001, to express concern that I urge support for the Thomas certain legislative proposals regarding elec- quirements specified. S. 517 requires amendment. It is the amendment we tricity reliability could have a negative im- FERC to create a new reliability bu- passed in the Senate in the 106th Con- pact on Canada-U.S. electricity trade. I also reaucracy to take over the function gress. We ought to pass it again in the met with Senator Bingaman to discuss this that FERC now does not have the ex- 107th Congress as part of this impor- issue in early January 2002. pertise to perform—where, indeed, we These problematic proposals have now tant energy regulation. found their way into the new Energy Policy have expertise now. I yield the floor. Cumbersome? We talked about it Act of 2002 (S. 517). The electricity reliability The PRESIDING OFFICER. The Sen- section would vest the U.S. Federal Energy being cumbersome. Nothing in the ator from Wyoming. amendment makes it cumbersome. Regulatory Commission (FERC) with the au- Mr. THOMAS. I thank the Senator thority to establish and enforce mandatory FERC can entertain a complaint at any reliability standards for the electricity grid. from Oregon for his insight. I cannot time, move as quickly as it deems war- The approach taken in S. 517 could impede think, frankly, of anyone in the whole ranted. I do not think you can ask for our strong cross-border electricity trade. country who has had more experience much more than that. While this bill suggests some cooperation in this than the people on the west We talked about only one part of this with Canadian utilities, it does not provide coast connected to the California country when this was created. The for meaningful coordination between regu- project. I appreciate very much the lators in the United States and Canada. As I interconnect-wide entity exists in Senator’s thoughts. Texas. Whether an eastern-wide entity explained in my earlier letter, different ju- This bill has come to the Senate risdictions could develop and enforce dif- is created is up to the East. It has been ferent standards in the absence of such without the committee being involved. done in the West because there are meaningful coordination: this could lead to This very bill was passed by the com- unique problems there. These problems variations in reliability standards which mittee last year with no objection from can be solved better by an interconnect could impede trade. Consistent standards are the Senator from New Mexico. This and will be done throughout the rest of required for the interconnected North Amer- went through the committee, although the country as well. This is what we ican grid. what is before the Senate now was are seeking to do. An essential tool for managing the reli- never talked about in the committee. The complaint here is the structure ability of the interconnected grid is the re- mand function, which is key for ensuring That is a procedural question we have is so complicated as to render it un- consistent standards and respect for the ju- discussed quite a bit. workable. Actually, the structure re- risdiction of sovereign regulatory bodies. Now I will discuss some of the objec- flects the way the reliability has been This function would allow regulatory bodies tions. There are two points of view, managed by the North American bulk to return any standards that are not ap- very clearly. The Senator from Oregon power system—rather successfully, as a proved to the reliability organization for re- said it very well: To whom are you matter of fact—and the legislation is consideration. In this manner, the reliability going to look? needed to ensure that reliability ex- organization can work with all relevant reg- I have been involved in this business perts who are not at FERC can take ulatory bodies to avoid inconsistent stand- in the past. The people in the business, ards. A remand function therefore provides the actions necessary to protect the meaningful recognition that U.S. and Cana- the people who are responsible in your grid. That is what it is all about. We dian regulators share an important role in State, the people who have joined to- have people, and it has been successful. establishing and enforcing standards in the gether in a region, have a much better Certainly we need to build on that. It interconnected grid. view than bringing it back to the belt- becomes more important as we go. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1879 It would be ironic for the industry to lish wholesale electricity markets in the dicate in their letter they were estab- come to consensus on how to deal with United States. lished in 1976, their member companies these issues. There is no industry con- It is our understanding that the North have long supported policies furthering American Electric Reliability Council sensus on how to structure the rela- (NERC) and the Western Governors’ Associa- competition in wholesale and retail tionship. That is why the arrangement tion are seeking to strike your language in electric markets, and their members is there. The bulk of the industry order to substitute an amendment they operate in every State in the Union. agrees they should continue with sepa- drafted. This amendment is based upon the I will quote a couple of sentences out rate organizations that focus solely on now very stale NERC reliability proposal de- of their letter: reliability. That organization should veloped over three years ago. The subsequent We are obviously following the Senate de- coordinate closely with whatever orga- convergence of reliability and market issues bate on S. 517 very closely. One provision nization devises the business practices. has rendered this language obsolete, and we that might be overlooked is the issue labeled urge you to oppose the amendment. ‘‘reliability.’’ By way of background, ELCON Because FERC has the ultimate over- MAAC recognizes the need for mandatory was part of the original group working on sight for reliability and whatever busi- reliability standards that are broadly appli- this issue with the North American Electric ness standard is ultimately approved, cable to the wholesale power industry. How- Reliability Council (NERC) to develop then- ever, the language in the amendment will FERC can assure the necessary coordi- consensus language roughly four years ago. limit the Federal Energy Regulatory Com- nation exists. We have continued to work with NERC and mission’s—FERC—and the industry’s ability That is really what it is all about. with the Gas Industry Standards Board to properly restructure the wholesale trans- Out there, there are people who have (GISB), now the North American Energy mission system which is essential for reli- done this. We know how to do it. We Standards Board (NAESB), to develop a able, efficient and well-functioning markets. structure for an organization to develop reli- have evidence of that. But what we As currently drafted, the amendment re- ability standards for our interstate elec- have not had is the opportunity for moves most aspects of standards develop- tricity grid and the impact of those stand- someone to really have the authority ment and enforcement from FERC and ards on commercial activity. to do that. So this is what this does, grants sweeping powers to a new electric re- Since our members operate throughout the liability organization, likely to be NERC. giving that to FERC. Nation, we strongly believe that rules should The amendment largely ignores the impor- You can argue if you want to, and I be as consistent as possible in every area. To tant role that regional transmission organi- understand that and I hope Members do otherwise would balkanize the grid and zations—RTOs—will play in reliability and understand, if you like having the Fed- hinder competition. For that reason we find market management and appears to assume the proposal now being promoted by NERC eral Government do it from here, that that assuring real-time reliability is purely (and supported by several groups including is what you ought to do. If you like an engineering function with no significant the Western Governors Association) to be working with your own public service economic content or effect on markets, counterproductive. Granting deference to commission—and by the way, the na- while your language would permit FERC to any region, even if that region constitutes recognize the interplay between reliability tional public service commissions have an entire interconnection, invites conflict and markets and allow RTO-administered supported this amendment. Talk about with other regions. By diminishing the au- market mechanisms to preserve and foster being just a regional thing, the na- thority of the national standard-setting or- reliability. tional public service commissions sup- Furthermore, a December, 2001 FERC ganization, we are less likely, not more like- port this amendment. Order commenced a broad industry collabo- ly, to have an effective and fully functioning I think we will have some more Sen- rative effort to arrive at a consensus on how wholesale market. ators over here to speak shortly. I to best merge NERC’s activities into the We hope that these views are helpful to think we ought to continue to delve standard setting process of the new North you in your deliberations. into how we can best serve the Amer- American Energy Standards Board—NAESB, I will go next to the PJM Inter- ican people with electric reliability, formerly Gas Industry Standards Board. The connection. It is the Pennsylvania-New whether we transfer that to an agency industry will make a filing to FERC by Jersey-Maryland interconnection. that does not have the expertise or March 15. This amendment could derail the This, again, is a letter dated the same efforts supported by a large number to stake- date, March 13, to me, by Phillip Har- whether we try to use what is in place holders to establish NAESB as the standards to make it more efficient. developer best able to accommodate NERC ris. He is the president and CEO of I ask unanimous consent to add Sen- and commercial concerns. PJM. He says: ator CAMPBELL of Colorado as a cospon- Your reliability language is compatible I am writing to express our support for sor of the amendment. with recent efforts by the industry to de- electricity title, Title II, of Senator BINGA- The PRESIDING OFFICER. Without velop a new and innovative approach to MAN’s energy legislation, S. 517. We believe objection, it is so ordered. standards setting. The amendment would sti- Title II will serve to fundamentally improve Mr. BINGAMAN. Mr. President, at fle industry efforts to forge a standards set- electricity markets in North America and this point I want to refer to and then ting process that is in the best interest of urge your support of it. America. Unlike the amendment [the Thom- Then, going down the letter, it says: have printed in the RECORD a few let- as amendment], your language does not set ters that support the underlying provi- into law a complex and burdensome set of In the PJM region, we have been able to sion that we have in the bill on reli- rules and processes which would institute a work successfully with States and local gov- ability and oppose the Thomas amend- command and control system of enforcement ernments to ensure that electricity markets ment. I have five. Let me go through ignoring was that market forces could en- and the grid work in a way that meets the each of them and indicate what they hance reliability. The language of the needs of wholesale and retail electric cus- amendment, if substituted for your lan- tomers, while improving regional reliability. are and what they say. We are pleased that section 207 of Title II This first one is a letter from the guage, would result in a major setback of the efforts to reduce power costs through inno- contains simplified reliability legislation Mid-Atlantic Area Council, the re- vation and market forces. that places reliability authority directly gional reliability council for this area MAAC urges that you strenuously oppose with the Federal Energy Regulatory Com- of the country. It is located in Norris- the changes to your reliability provision, mission and enables it to objectively defer to town, PA. It is directed to me. It is and offers our assistance to you as the Sen- regional solutions without preference. We dated March 13. It says: ate considers this important legislation. urge you to reject any attempts by Senators from other regions to impose alternative leg- The Mid-Atlantic Area Council— The States that are covered by islation that would significantly blur or MAAC is the acronym. We always MAAC are Pennsylvania, New Jersey, weaken the government accountability over like acronyms here in Washington— Delaware, Maryland, and Virginia. reliability found in Section 207 or impose im- would like to express its support for the reli- That is an indication at least that proper restrictions on FERC’s authority over ability provisions in section 207 of your some States are not totally enthusi- Regional Transmission Organizations. The amendment in the nature of a substitute to astic about this amendment Senator substance of the reliability amendment runs S. 517. THOMAS is proposing. counter to an ongoing industry effort to rec- They are supporting the underlying Next, I refer to a letter we have re- oncile business and reliability concerns. bill, not the amendment by the Sen- ceived, also directed to me, dated As I said, that was signed by Phillip ator from Wyoming. March 13, from the Electric Consumers Harris, the president and chief execu- MAAC appreciates your continued efforts Resource Council—ELCON. This is the tive officer for PJM. to promote legislation that increases our en- national association representing large Next, I will refer to a letter dated ergy supply and advances the effort to estab- industrial users of electricity. They in- March 14, 2002, from Elizabeth Moler, S1880 CONGRESSIONAL RECORD — SENATE March 14, 2002 who is representing Exelon, Common- liability organization. The text also does lit- The amendment largely ignores the impor- wealth Edison of Chicago, and PECO tle to reflect the role that will need to be tant role that regional transmission organi- Energy in Pennsylvania. played by regional transmission organiza- zations (RTOs) will play in reliability and She says: tions in future market management. market management and appears to assume This amendment would prevent FERC from that assuring real-time reliability is purely DEAR MR. CHAIRMAN: I am writing to share carrying out its responsibility to ensure the an engineering function with no significant Exelon Corporation’s views on the Sen. reliable and efficient operation of the trans- economic content or effect on markets, Thomas’ proposed reliability amendment to mission grid and would hinder the develop- while your language would permit FERC to S. 517, the pending energy bill. ment of effective RTOs. Energy standards recognize the interplay between reliability Exelon Corporation is one of the nation’s have an inevitable impact on bulk power and markets and allow RTO-administered largest electric utilities. Our major subsidi- transmission systems and market operation market mechanisms to preserve and foster aries are Commonwealth Edison, the public essential for reliability. Accordingly, the reliability. utility that serves Chicago; PECO Energy, standard setting process outlined in the Furthermore, a December, 2001 FERC the public utility that serves the Philadel- amendment raises serious concerns that fail- Order commenced a broad industry collabo- phia area, and Exelon Generation. We have ing to centralize this activity with FERC rative effort to arrive at a consensus on how roughly five million retail customers in Illi- could lead to confusion and conflicts among to best merge NERC’s activities into the nois and Pennsylvania, which have both re- multiple entities. standard setting process of the new North structured their electricity markets. Exelon Further, the amendment fails to account American Energy Standards Board (NAESB) owns 22.5 gigawatts of generation (including for recent industry efforts to rethink the na- (formerly Gas Industry Standards Board). nuclear, coal-fired, gas-fired, gas-oil fired, ture, scope and organizational structure for The industry will make a filing to FERC by pumped storage and run-of-river hydro units) a new standard setting process that recog- March 15. This amendment could derail the and controls an additional 15 gigawatts of nizes the need to integrate reliability and efforts supported by a large number to stake- capacity. We have additional capacity under market practices. The industry, spurred by a holders to establish NAESB as the standards development. December, 2001 FERC Order and encouraged developer best able accommodate NERC and Then the letter goes on and says: by the U.S. Department of Energy, is cur- commercial concerns. Your reliability language is compatible Exelon opposes the Thomas amendment, rently engaged in a broad collaborative ef- with recent efforts by the industry to de- principally because we believe it would fort to consider how to combine NERC’s ac- velop a new and innovative approach to interfere with the development of competi- tivities with standard setting that will be standards setting. The amendment would sti- tive wholesale markets. As the United States done by the new North American Energy fle industry efforts to forge a standards set- Supreme Court recognized just last week in Standards Board, that the Gas Industry ting process that is in the best interest of reviewing FERC Order No. 888, electricity Standards Board approved in December of America. Unlike the amendment, your lan- markets are fundamentally interstate in na- 2001. The industry will make a filing to guage does not set into law a complex and ture. The Thomas amendment seeks to deny FERC by March 15. This amendment [the burdensome set of rules and processes which this fact, by encouraging individual states or Thomas amendment] could preempt the would institute a command and control sys- regions to development unique reliability more extensive consolidation of NERC into tem of enforcement ignoring ways that mar- standards. We believe that the Nation needs NEASB that is supported by many industry ket forces could enhance reliability. The lan- uniform, national reliability standards. The stakeholders. guage of the amendment, if substituted for rules should not vary from region to region. Mr. President, I ask unanimous con- your language, would result in a major set- National reliability guidelines and standards sent that these letters in their entirety back of the efforts to reduce power costs will facilitate the development of more be printed in the RECORD. through innovation and market forces. seamless electricity markets and encourage There being no objection, the mate- MAAC urges that you strenuously oppose much-needed investment in both generation the changes to your reliability provision, and transmission. We believe that the Thom- rial was ordered to be printed in the RECORD, as follows: and offers our assistance to you as the Sen- as amendment would further balkanize elec- ate considers this important legislation. tricity markets, rather than facilitating de- MID-ATLANTIC AREA COUNCIL, Please contact us with any questions or re- velopment of a national electricity market- Norristown, PA, March 13, 2002. quests for additional information. place. Hon. JEFF BINGAMAN, Very truly yours, That is a quotation out of that letter Chairman, Senate Committee on Energy and P.R.H. LANDRIEU, from Exelon. Natural Resources, Washington, DC. Chairman. DEAR CHAIRMAN BINGAMAN: The Mid-Atlan- The final letter I wish to refer to is tic Area Council (‘‘MAAC,’’ a NERC regional ELCON, the one from the Electric Power Sup- reliability council covering all or part of ply Association. Quoting their letter: March 13, 2002. Pennsylvania, New Jersey, Maryland, Dela- Hon. JEFF BINGAMAN, The Electric Power Supply Association ware, Virginia, and the District of Columbia) Chairman, Committee on Energy and Natural would like to affirm our support for the reli- would like to express its support for the reli- Resources, U.S. Senate, Washington, DC. ability provision in Section 207 of your ability provision in Section 207 of your DEAR MR. CHAIRMAN: The Electricity Con- amendment in the nature of a substitute to amendment in the nature of a substitute to sumers Resource Council (ELCON) is the na- S. 517. We appreciate your continued efforts S. 517. MAAC appreciates your continued ef- tional association representing large indus- to promote legislation that increases our en- forts to promote legislation that increases trial users of electricity. We were estab- ergy supply and advances the effort to estab- our energy supply and advances the effort to lished in 1976 and our member companies lish wholesale electricity markets in the establish wholesale electricity markets in have long supported policies furthering com- United States. the United States. petition in wholesale and retail electricity It has come to our attention that efforts It is our understanding that the North markets. Our members operate in every are being made to strike your language in American Electric Reliability Council State. order to substitute an amendment supported (NERC) and the Western Governors’ Associa- We are obviously following the Senate de- by the North American Electric Reliability tion are seeking to strike your language in bate on S. 517 very closely. One provision Council and the Western Governors’ Associa- order to substitute an amendment they that might be overlooked is the issued la- tion. This amendment is based upon the drafted. This amendment is based upon the beled ‘‘reliability.’’ By way of background, NERC reliability proposal development over now very stale NERC reliability proposal de- ELCON was part of the original group work- three years ago. However, the subsequent veloped over three years ago. The subsequent ing on this issue with the North American convergence of reliability and market issues convergence of reliability and market issues Electric Reliability Council (NERC) to de- has rendered this language obsolete, and we has rendered this language obsolete, and we velop then-consensus language roughly four urge you to oppose the amendment. urge you to oppose the amendment. years ago. We have continued to work with The Electric Power Supply Association en- MAAC recognizes the need for mandatory NERC and with the Gas Industry Standards dorses the need for mandatory reliability reliability standards that are broadly appli- Board (GISB), now the North American En- standards that are broadly applicable to the cable to the wholesale power industry. How- ergy Standards Board (NAESB), to develop a wholesale power industry. However, the lan- ever, the language in the amendment will structure for an organization to develop reli- guage in the amendment could limit the in- limit the Federal Energy Regulatory Com- ability standards for our interstate elec- dustry’s ability to address the challenges mission’s (FERC) and the industry’s ability tricity grid and the impact of those stand- presented by the ongoing development and to properly restructure the wholesale trans- ards on commercial activity. restructuring of the wholesale transmission mission system which is essential for reli- Since our members operate throughout the system which is essential for reliable, effi- able, efficient and well-functioning markets. Nation, we strongly believe that rules should cient and well-functioning markets. As cur- As currently drafted, the amendment re- be as consistent as possible in every area. To rently drafted, the amendment shifts signifi- moves most aspects of standards develop- do otherwise would balkanize the grid and cant aspects of standards development and ment and enforcement from FERC and hinder competition. For that reason we find enforcement away from the Federal Energy grants sweeping powers to a new electric re- the proposal now being promoted by NERC Regulatory Commission to a new electric re- liability organization, likely to be NERC. (and supported by several groups including March 14, 2002 CONGRESSIONAL RECORD — SENATE S1881

the Western Governors Association) to be MARCH 14, 2002. the NERC reliability proposal developed over counterproductive. Granting deference to Hon. JEFF BINGAMAN, three years ago. However, the subsequent any region, even if that region constitutes Chairman, Committee on Energy and Natural convergence of reliability and market issues an entire interconnection, invites conflict Resources, U.S. Senate, Washington, DC. has rendered this language obsolete, and we with other regions. By diminishing the au- DEAR MR. CHAIRMAN: I am writing to share urge you to oppose the amendment. thority of the national standard-setting or- Exelon Corporation’s views on the Sen. EPSA endorses the need for mandatory re- ganization, we are less likely, not more like- Thomas’ proposed reliability amendment to liability standards that are broadly applica- ly, to have an effective and fully functioning S. 517, the pending energy bill. ble to the wholesale power industry. How- wholesale market. Exelon Corporation is one of the nation’s ever, the language in the amendment could We hope that these views are helpful to largest electric utilities. Our major subsidi- limit the industry’s ability to address the you in your deliberations. Please feel free to aries are Commonwealth Edison, the public challenges presented by the ongoing develop- call on us for additional information. utility that serves Chicago; PECO Energy, ment and restructuring of the wholesale Sincerely, the public utility that serves the Philadel- transmission system which is essential for JOHN A. ANDERSON. phia area, and Exelon Generation. We have reliable, efficient and well-functioning mar- roughly five million retail customers in Illi- kets. As currently drafted, the amendment PJM INTERCONNECTION, nois and Pennsylvania, which have both re- shifts significant aspects of standards devel- March 13, 2002. structured their electricity markets. Exelon opment and enforcement away from the Fed- Hon. JEFF BINGAMAN, owns 22.5 gigawatts of generation (including eral Energy Regulatory Commission (FERC) U.S. Senate, nuclear, coal-fired, gas-fired gas-oil fired, to a new electric reliability organization. Washington, DC. pumped storage and run-of-river hydro units) The text also does little to reflect the role DEAR SENATOR BINGAMAN: I am writing to and controls an additional 15 gigawatts of that will need to be played by regional trans- express our support for electricity title capacity. We have additional capacity under mission organizations (RTOs) in future mar- (Title II) of Senator Bingaman’s energy leg- development. Exelon’s PowerTeam is one of ket management. islation (S. 517). We believe Title II will serve the largest power marketers in North Amer- This amendment would prevent FERC from to fundamentally improve electricity mar- ica; we market power nationally 24 hours a carrying out its responsibility to ensure the kets in North America and urge your support day, seven days a week. reliable and efficient operation of the trans- of it. We also urge you to resist any amend- Exelon opposes the Thomas amendment, mission grid and would hinder the develop- ments that would weaken important provi- principally because we believe it would ment of effective RTOs. Energy standards sions associated with reliability of the elec- interfere with the development of competi- have an inevitable impact on bulk power tric grid or the authority of the Federal En- tive wholesale markets. As the United States transmission systems and market operation ergy Regulatory Commission (FERC) to Supreme Court recognized just last week in essential for reliability. Accordingly, the oversee the operation of electricity markets. reviewing FERC Order No. 888, electricity standard setting process outlined in the PJM operates the largest competitive markets are fundamentally interstate in na- amendment raises serious concerns that fail- wholesale electricity market in the world. ture. The Thomas amendment seeks to deny ing to centralize this activity with FERC We maintain reliability of the electric trans- this fact, by encouraging individual states or could lead to confusion and conflicts among mission grid and also operate a successful regions to develop unique reliability stand- multiple entities. spot market for electricity in a five state re- ards. We believe that the Nation needs uni- Further, the amendment fails to account for recent industry efforts to rethink the na- gion, which includes all or a portion of New form, national reliability standards. The ture, scope and organizational structure for Jersey, Pennsylvania, Delaware, Maryland, rules should not vary from region to region. a new standard setting process that recog- Virginia, and the District of Columbia. We National reliability guidelines and standards nizes the need to integrate reliability and are awaiting final FERC approval of PJM will facilitate the development of more market practices. The industry, spurred by a West which will expand the market to in- seamless electricity markets and encourage December, 2001 FERC Order and encouraged clude significant parts of Ohio and West Vir- much-needed investment in both generation by the U.S. Department of Energy, is cur- ginia. PJM has been recognized as a deregu- and transmission. We believe that the Thom- rently engaged in a broad collaborative ef- lation success story. as amendment would further balkanize elec- fort to consider how to combine NERC’s ac- In the PJM region, we have been able to tricity markets, rather than facilitating de- tivities with standard setting that will be work successfully with States and local gov- velopment of a national electricity market- ernments to ensure that electricity markets done by the new North American Energy place. Standards Board (NAESB) that the Gas In- and the grid work in a way that meets the We appreciate the leadership that you and dustry Standards Board (GISB) approved in needs of wholesale and retail electric cus- Sen. Murkowski have shown on electricity December of 2001. The industry will make a tomers, while improving regional reliability. issues. The bipartisan electricity amend- filing to FERC by March 15. This amendment We are pleased that Section 207 of Title II ment adopted unanimously yesterday by the could preempt the more extensive consolida- contains simplified reliability legislation United States Senate is a giant step toward tion of NERC into NAESB that is supported that places reliability authority directly enactment of much-needed legislation to re- with the FERC and enables it to objectively by many industry stakeholders. form the laws that govern our industry. We The implications of these developments defer to regional solutions without pref- look foward to continuing to work with you are clear: legislation should not deny FERC erence. We urge you to reject any attempts in the days and weeks ahead in support of or industry stakeholders the opportunity to by Senators from other regions to impose al- enacting a comprehensive national energy develop new approaches to energy standards ternative legislation that would signifi- policy that will enable us to continue to pro- development. Your reliability language is cantly blur or weaken the government ac- vide our customers reliable service at rea- compatible with recent efforts by the indus- countability over reliability found in Sec- sonable prices. try to develop a new and innovative ap- tion 207 or impose improper restrictions on Thank you for your consideration of our proach to standards setting. Furthermore, FERC’s authority over Regional Trans- views. your language does not set into law a com- mission Organizations. The substance of the With best wishes, plex and burdensome set of rules and proc- reliability amendment runs counter to an Sincerely, esses which would hamper the development ongoing industry effort to reconcile business ELIZABETH A. MOLER. and enforcement of standards. Replacing and reliability concerns. I have attached your language with the amendment can only talking points and a comparison chart in fur- EPSA, serve to delay the evolution of the energy therance of our position. Washington, DC, March 6, 2002. markets and threaten the reliable operation As this debate unfolds, many important Hon. JEFF BINGAMAN, of the transmission grid. issues will arise. I have instructed my Wash- Chairman, Senate Committee on Energy and We urge you to fight efforts to make such ington staff to be available to meet your Natural Resources, Washington, DC. changes to your reliability provision, and we needs and respond promptly to question DEAR CHAIRMAN BINGAMAN: The Electric look forward to working with you as the about the effect of various electricity issue Power Supply Association (EPSA) would like Senate considers this important legislation. legislative provisions on your State. If we to affirm our support for the reliability pro- Please don’t hesitate to contact us with fur- learn of any harmful electricity amend- vision in Section 207 of your amendment in ther questions or to request additional infor- ments, we will alert your office as soon as the nature of a substitute to S. 517. We ap- mation. possible. Please feel free to call Craig Glazer, preciate your continued efforts to promote Sincerely, PJM’s Manager of Regulatory Affairs in legislation that increases our energy supply LYNNE H. CHURCH, Washington at 202–393–7756 or Robert Lamb and advances the effort to establish whole- President. of Wright & Talisman at 202–393–1200. sale electricity markets in the United We look forward to working with you and States. Mr. BINGAMAN. Mr. President, I will meeting the needs of the millions of citizens It has come to our attention that efforts you so ably represent in the United States are being made to strike your language in yield the floor. I see my colleague from Senate. order to substitute an amendment supported Massachusetts is prepared to speak. I Very truly yours, by the North American Electric Reliability will defer to him. PHILLIP G. HARRIS, Council (NERC) and the Western Governors’ The PRESIDING OFFICER. The Sen- President and CEO. Association. This amendment is based upon ator from Massachusetts. S1882 CONGRESSIONAL RECORD — SENATE March 14, 2002 Mr. KENNEDY. Mr. President, I ask going to emerge from the industry. minutes. There are others who want to unanimous consent to be able to speak Often there are things going on here speak on the amendment of Senator for 10 minutes as in morning business that just aren’t actually the case on THOMAS. They can do that until 2 and that my remarks be printed at the the ground. o’clock. appropriate place in the RECORD and There was some suggestion that In the meantime, Senator BINGAMAN not interfere with the debate on the en- NERC’s proposal was organized 3 years is going to start the debate today deal- ergy bill. ago and is now obsolete. There is noth- ing with renewable portfolio standards. The PRESIDING OFFICER. Without ing obsolete about the NERC proposal. A very important part of the bill deals objection, it is so ordered. In fact, during this Western crisis of with renewables. He will offer his (The remarks of Mr. KENNEDY are the last couple years, reliability stand- amendment and Senator JEFFORDS will printed in today’s RECORD under ards was one of the few elements that offer a second-degree amendment, I am ‘‘Morning Business.’’) worked well. So I think the evidence is told. I spoke with his chief of staff. The PRESIDING OFFICER (Mr. NEL- that we have on the ground a group Following that, Senator KYL will offer SON of Florida). The Senator from Wyo- that is deeply involved and has shown another amendment dealing with re- ming. expertise, representing different parts newables. This should take care of re- Mr. THOMAS. Mr. President, I rise to of the country, the needs of different newables once and for all on this bill. address the pending amendment. The parts of the country—certainly with Once we get that done, there are Senator from New Mexico cited a num- the oversight that exists. some other amendments, but the big ber of the people supporting his part of So the Bingaman approach—the one still left is that dealing with the bill, several of whom were compa- Daschle bill—does not provide a role ANWR. We are eliminating a lot of con- nies, of course. Maybe the fact that the for the States. There is no assurance of tentious matters on this bill. National Association of Regulatory independence or any standard setting. Senators can be expected to come to Utility Commissioners supports the Therefore, we need to look at the con- the Chamber a number of times this amendment would be an interesting cept of how we are doing this. We are afternoon and evening regarding votes change. In terms of looking out for the expecting a couple more Senators to on renewable portfolio standards. public’s interest, I would guess that is come and speak momentarily. In the The PRESIDING OFFICER. The Sen- more likely to be the case—certainly meantime, I yield the floor. ator from Minnesota. the North American Electric Reli- Mr. REID. Mr. President, we are in AMENDMENT NO. 3008 TO AMENDMENT NO. 2917 ability Council. Again, there are let- the process of preparing to propound a Mr. DAYTON. I thank the Chair. I ters on each one’s desk that the admin- unanimous consent request. That thank Senator THOMAS for his acquies- istration supports this proposal. We are should be done within the next few cence. looking toward getting together a bal- minutes. We hope we can set up a vote Mr. President, I offer this amend- anced program. at 2 o’clock this afternoon. Prior to ment on behalf of myself and Senator A number of things have been men- that time, Senator BINGAMAN is plan- GRASSLEY. tioned that need to be talked about a ning to start debate on renewable port- The PRESIDING OFFICER. The little bit. The FERC industry stand- folio. Senator JEFFORDS is standing by clerk will report. ards board was mentioned as being an to come at the appropriate time. It is The legislative clerk read as follows: alternative. The fact is that is only a my understanding that Senator KYL The Senator from Minnesota [Mr. DAYTON], concept. Years of work will be needed will follow with his amendment. We for himself and Mr. GRASSLEY, proposes an to make it happen. There is no con- should be able to do that in the next amendment numbered 3008 to amendment sensus among industry stakeholders. few minutes. No. 2917. More has developed in the West, and Mr. President, I suggest the absence The amendment is as follows: that is why this has sort of started of a quorum. (Purpose: To require that Federal agencies there because these people were forced The PRESIDING OFFICER. The use ethanol-blended gasoline and biodiesel- to come together and others will be as clerk will call the roll. blended diesel fuel in areas in which eth- well. The legislative clerk proceeded to anol-blended gasoline and biodiesel-blend- I don’t think it is time to jettison 30 call the roll. ed diesel fuel are available) years of experience in doing this thing Mr. REID. Mr. President, I ask unan- At the end of subtitle B of title VIII, add so that you can hand it over to a new imous consent that the order for the the following: bureaucracy that has neither the ex- quorum call be rescinded. SEC. 8ll. FEDERAL AGENCY ETHANOL-BLEND- ED GASOLINE AND BIODIESEL PUR- pertise nor, indeed, the background to The PRESIDING OFFICER. Without CHASING REQUIREMENT. take care of this task. objection, it is so ordered. Title III of the Energy Policy Act of 1992 is It has been mentioned, but it is very Mr. REID. Mr. President, I ask unan- amended by striking section 306 (42 U.S.C. true that we need to have an oppor- imous consent that the Thomas amend- 13215) and inserting the following: tunity for whatever we put into place ment No. 3012 be set aside to recur at 2 ‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED to deal also with uniformity in reli- p.m. today; that at 2 p.m., the Senate GASOLINE AND BIODIESEL PUR- ability with the United States, Mexico, vote in relation to the amendment, CHASING REQUIREMENT. with no second-degree amendments in ‘‘(a) ETHANOL-BLENDED GASOLINE.—The and western Canada. That is very im- head of each Federal agency shall ensure portant, particularly to the Northwest, order prior to the vote in relation to that, in areas in which ethanol-blended gaso- of course, as mentioned by the Senator the Thomas amendment; that Senators line is available, the Federal agency pur- from Oregon. may speak until 2 p.m. today on the chases ethanol-blended gasoline containing There is a need to move fairly quick- Thomas amendment, notwithstanding at least 10 percent ethanol (or the highest ly. I don’t think there is much doubt its pendency; that Senator DAYTON be available percentage of ethanol), rather than that the NERC process would be able to recognized to offer an amendment re- nonethanol-blended gasoline, for use in vehi- act much more quickly in consensus lating to gasohol; that after a period of cles used by the agency. ‘‘(b) BIODIESEL.— building than FERC. The thing that it debate, the amendment be set aside for ‘‘(1) DEFINITION OF BIODIESEL.—In this sub- seems we always try to push aside is consideration later today; that fol- section, the term ‘biodiesel’ has the meaning that FERC still has the final responsi- lowing that period of debate, Senator given the term in section 312(f). bility. That is probably the way it BINGAMAN be recognized to offer an ‘‘(2) REQUIREMENT.—The head of each Fed- ought to be. amendment relating to renewable port- eral agency shall ensure that the Federal The standard setting, we talked a lit- folio standards. agency purchases, for use in fueling fleet ve- tle about that. I don’t think that sys- The PRESIDING OFFICER. Without hicles used by the Federal agency at the lo- tem has to recognize the realities of objection, it is so ordered. cation at which fleet vehicles of the Federal the differences that do exist. The en- Mr. REID. Mr. President, we will agency are centrally fueled— ‘‘(A) as of the date that is 5 years after the forcement of standards is well defined have a vote at 2 o’clock. Senator DAY- date of enactment of this paragraph, bio- and responsive to differences in inter- TON is going to offer an amendment on diesel-blended diesel fuel that contains at actions, and it has to be that way. his behalf and that of Senator GRASS- least 2 percent biodiesel, rather than There is no definition process that is LEY. That debate will take just a few nonbiodiesel-blended diesel fuel; and March 14, 2002 CONGRESSIONAL RECORD — SENATE S1883 ‘‘(B) as of the date that is 10 years after the ures that are being discussed or imple- what many administrations have al- date of enactment of this paragraph, bio- mented in America today, nothing can ready directed the Federal Government diesel-blended diesel fuel that contains at reduce our dependency on foreign oil or to do: to use renewable fuels where least 20 percent biodiesel, rather than increase our domestic energy produc- practicable. nonbiodiesel-blended diesel fuel.’’. tion but ethanol and biodiesel fuels. For instance, the last administration Mr. DAYTON. Mr. President, I thank Increasing the use of these fuels is issued an Executive order directing the the Senators from Nevada and New what I call the grand slam: No. 1, it Federal Government to exercise leader- Mexico for making the time available. boosts the prices of corn and soybeans ship in the use of alternative fuel vehi- I am pleased to offer today, along and other suitable crops in the market- cles, to develop and implement aggres- with my very distinguished colleague place and, thus, both raises farmers’ in- sive plans to fulfill the alternative from our neighboring State of Iowa, comes and reduces taxpayers’ sub- fueled vehicle acquisition requirements Senator GRASSLEY, an amendment that sidies; No. 2, it improves the local of the Energy Policy Act of 1992, which will significantly increase the use of economies and communities through- ethanol and soy diesel fuels across our required 25 percent in 1996, 33 percent out agricultural America; No. 3, it re- country. in 1997, 50 percent in 1998, and 75 per- Our amendment requires all Federal duces U.S. dependence on foreign oil; cent in 1999 and thereafter. Government vehicles to use 10-percent and No. 4, it provides cleaner air. The Executive order was never ad- ethanol-blended gasoline where it is The Federal Government ought to be hered to because it was not generally available or whatever lesser percent of leading the way in expanding these practicable, but the Dayton-Grassley ethanol blend is available in that par- markets for these renewable fuels, but, amendment is much easier to imple- ticular locale. unfortunately, the Federal fleet con- ment, because we are talking about Our amendment also requires Federal sumption of these fuels is currently setting a standard using normally vehicles which run on diesel fuel to use only 2 percent, despite several Execu- blended renewable fuels. at least a 2-percent biodiesel blend or tive orders signed by President Clinton The Federal Government should be higher by the year 2007, and a 20-per- during his two terms. Thus, our amend- using as much renewable fuels as is cent biodiesel blend by the year 2012. ment is essential to requiring that the practicably available. If we want to improve our Nation’s 600,000 vehicles in the Federal fleet do This amendment would require just energy security, provide cleaner air, their part in expanding the utilization that—where available, Federal fleet ve- boost farm income, and strengthen of ethanol and soy diesel. hicles should be using ethanol and bio- many rural communities across this When I was commissioner of energy diesel, the two most practicably avail- country, increasing the use of ethanol and economic development for the able renewable fuels. and soy diesel is a golden opportunity. State of Minnesota back in the 1980s, I support this amendment, because it Both of these fuels have come into ethanol was being produced and touted makes good sense for the Federal fleet their own as better alternatives to as just this kind of alternative fuel to use as much ethanol and biodiesel as blend with regular gasoline and diesel blend for this Nation. Unfortunately, it possibly can. fuel than the oil-based additives which like so many other forms of alternative The requirements for ethanol and currently predominate across the coun- energy which have been around for biodiesel usage under this amendment try. years or even decades, it has been sadly are easily attainable and does not re- Regular car and truck engines can underutilized. quire the Federal fleet to comply if the use up to 10-percent ethanol with no I believe as a nation we are utilizing blended fuel is not readily available. modifications required, and centrally less than 5 percent of our potential for I am pleased to offer this amendment fueled trucks and other vehicles can alternative sources of energy, energy with Senator DAYTON. similarly use up to 20-percent biodiesel conservation, and other economically Mr. DAYTON. I suggest the absence blend even more efficiently and effec- and ecologically sound measures to im- of a quorum. tively than other diesel blends today. prove our energy security. We have The PRESIDING OFFICER. The In fact, my Minnesota office leases a been taking these small baby steps clerk will call the roll. regular Chrysler minivan that travels when we could have and should have The legislative clerk proceeded to all across Minnesota burning fuel been progressing by leaps and bounds. call the roll. which is 85-percent ethanol. That van This energy bill is an opportunity we Mr. NELSON of Florida. Mr. Presi- has had no problems whatsoever in its cannot afford to miss. Senator dent, I ask unanimous consent that the performance and, fortunately, we have DASCHLE and Senator BINGAMAN have order for the quorum call be rescinded. had no problem finding this 85-percent performed a great service to all of us The PRESIDING OFFICER (Mr. DAY- ethanol throughout my State. and to our entire country by bringing TON). Without objection, it is so or- One of the reasons ethanol is so read- before us this bill which makes so dered. ily available in Minnesota is that our many important contributions to a bal- Mr. NELSON of Florida. Mr. Presi- State legislature had the foresight 7 anced national energy policy. dent, I rise in support of the amend- years ago to pass a law requiring that Senator GRASSLEY and I believe our ment of the Senator from Minnesota. a 10-percent ethanol blend be available amendment is another important con- His amendment is the kind of cre- to all gas stations across the State. tribution, and I respectfully urge our ativity and inventiveness and Amer- Just 3 days ago, the Minnesota Legisla- colleagues to support it. ican can-do ingenuity we have to have ture passed a similar mandate which, if Mr. GRASSLEY. Mr. President, as all as we approach this energy crisis, en- signed by the Governor, will require of my colleagues know, I strongly sup- ergy shortage. stations to provide a 2-percent blend of port the production of renewable do- Clearly, the production of ethanol biodiesel fuel. mestic fuels, particularly ethanol and and its substitution for otherwise fossil When people have positive experi- biodiesel. As domestic, renewable fuels is of benefit to Minnesota. There ences using these blends and then be- sources of energy, ethanol and bio- is not particularly any benefit to my come confident they can obtain them diesel can increase fuel supplies, reduce State, so I wish to rise as a noncon- wherever they travel, the usage of our dependence on foreign oil, and in- flicted party to endorse the Chair’s these alternative fuels sores. crease our national and economic secu- amendment to say, as we approach the By the end of this year, it is esti- rity. crisis of how we are going to continue mated that our country’s ethanol pro- Historically, Congress and the ad- to have the energy resources we need duction capacity will reach 2.7 billion ministration have asked the Federal for a nation that consumes a lot of en- gallons. If this amount of ethanol were Government to lead by example when ergy, we have to be inventive and cre- used in cars and trucks across our moving this country to new standards. ative. country, it would displace approxi- Since we are talking about the future I think the Senator from Minnesota mately 9 percent of all the foreign oil of energy in this country, we as a Fed- has proposed one alternative. I think imported into our Nation this year. eral Government must lead by exam- we will see other alternatives produced Of all the measures being considered ple. The Dayton-Grassley amendment in an amendment by the Senator from in this legislation and of all the meas- is largely symbolic and it will codify New Mexico on renewables, wind, the S1884 CONGRESSIONAL RECORD — SENATE March 14, 2002 use of waste to produce energy which So somewhere there is a terrorist but not with the ability to enforce we do in Florida in 13 different loca- who is planning to try to sink one of them. This is a group that knows what tions. I have been assured by the Sen- those supertankers in the Strait of they are talking about when it comes ator from New Mexico that we will be Hormuz, and if that were to occur, to reliability. able to continue, as part of the credit, what huge economic dislocations and Under this amendment, there is an with those existing facilities which are economic disruptions would occur enforcement mechanism. It is impor- turning waste into energy. throughout the globe. And it is because tant to note that the amendment is Years ago, when I was in the Florida we are dependent on that oil. broadly supported by Governors and Legislature, we established the Florida We ought to be reducing our depend- State public utility commissions. Solar Energy Center, which is in the ence, and I think the amendment of the Since Ben Franklin went kite flying, shadow of Cape Canaveral right outside Senator from Minnesota is one good il- we have known of electricity’s unique the gates of our space center. It, today, lustration of how we lessen our depend- attributes. Customers count on the is a thriving center of research and de- ence on that foreign oil. fact that when they turn the light on, velopment in using the God-given rays Another good illustration is—and un- it goes on; the electricity will be there. and heat of the Sun and converting fortunately, we were not successful It is probably one of the largest indus- that into energy. yesterday—increasing the miles per tries in our country that is so taken for Clearly, we have seen that, for exam- gallon, otherwise known as the CAFE granted. It works. Anytime Congress ple, so successfully employed in our standards. That does not mean any- comes in and proposes to fix it when it space program, of taking the solar ar- thing to most Americans, but when we is still working, there are those who rays, very high-tech kinds of mecha- start talking about do Americans want become concerned. I am one. nisms, folded out in huge arrays in the to get more miles per gallon in their More than reading lights and tele- zero gravity and vacuum of space and automobile, the answer is a resounding vision are at stake. Reliable, affordable having that sunlight come down and ‘‘yes.’’ Yet yesterday we were not able electricity moves the economy for- penetrate those arrays and that being to increase the miles per gallon in our ward. It makes possible computers that converted into electricity for the fleet of automobiles. research solutions to our most pressing spacecraft. That is a political travesty. It will problems and the instruments that Another thing used on the spacecraft have profound economic consequences. save lives. called the space shuttle is a device that Sooner or later, when we have another This amendment ensures our electric takes oxygen and hydrogen and sud- crisis, that oil is not going to be able transmission grid will continue to be denly makes electricity and has water to be as accessible from foreign shores; safe and reliable. We know that grid, in as a byproduct. That is why our astro- then we will have to get serious again some areas particularly, is overtaxed, naut crews on the space shuttle have to about the greatest consumption of en- with inadequate transmission lines. perform, at the end of each flight day, ergy in America, which is in the trans- Yet it works. So the tendency is, do water dumps where water, which is the portation sector, about increasing not disturb it. We have to recognize byproduct of making this electricity by miles per gallon. there are more and more demands for the combining of hydrogen and oxygen, That is a decision the Senate ren- greater electric energy as a con- is dumped overboard in space. As one dered yesterday. I think it is unfortu- sequence of computers and various sees it come out the nozzle and it nate. However, the fact is there are other appliances we take for granted in starts to freeze in that very cold at- creative and genius Senators, such as mosphere of space, it is a beautiful our homes. the Senator from Minnesota, who is of- This amendment ensures that our sight, particularly when the rays of the fering his amendment. I add my voice electric transmission grid will con- Sun happen to hit those water crystals. of support to his amendment. tinue to be safe and reliable. Con- It is another example. Ultimately, we will be able to use hy- I suggest the absence of a quorum. sumers will be able to get the power The PRESIDING OFFICER. The drogen in automobiles. Think what they need when they need it—the clerk will call the roll. that will save us in the way of fossil lights will go on, and they will stay on. The assistant bill clerk proceeded to fuels. The amendment establishes a nation- Why do we need to find alternatives call the roll. wide reliability organization which has Mr. MURKOWSKI. Mr. President, I to fossil fuels? Because of the obvious: the authority to establish and enforce ask unanimous consent that the order They are limited. The amounts of oil reliability standards. I emphasize two for energy purposes are going to be for the quorum call be rescinded. words: Establish and enforce. This is a The PRESIDING OFFICER (Mr. NEL- used up over the course of the next 50 nationwide reliability organization SON of Florida). Without objection, it is years. So we have to be planning for that has proven itself. The new reli- so ordered. that. ability organization will be run by There is another reason right now The Senator from Alaska. market participants and will be over- that is so important, and that is the AMENDMENT NO. 3012 seen by the FERC. United States is dependent on foreign- Mr. MURKOWSKI. Mr. President, I To give an example: When the Enron imported oil, and that dependence rise to support the amendment offered company collapsed, the system worked. causes us to be in the unenviable posi- by the Senator from Wyoming, Mr. There was not a price increase. There tion that we have to assure the flow of CRAIG THOMAS. I will discuss the was not a shortage of electricity. The that oil out of the Persian Gulf region. amendment. It is an amendment that free market system worked. I have As we are engaged in this war against deserves understanding. I compliment often said, if those companies, on the terrorism, where is a lot of that activ- the Senator from Wyoming for the demise of Enron, had to go to FERC to ity? It is over in the Middle East. It is manner in which he has focused on this get authority to take over the slack, over in central Asia. amendment from the standpoint of one wonders how long it would take. I will never forget. I clearly learned keeping responsibility for the most The public would probably be inconven- what a military chokepoint was when I part at the level where it belongs, ienced. The price would probably be ad- looked out the window of our space- which is at the State level. justed because of a crisis. craft as we were coming across the Per- The amendment replaces the Federal My point is, the free market system sian Gulf and from that altitude of command and control in the Daschle can work. That is why it is so impor- space saw the 19-mile-wide Strait of substitute. That amendment has FERC tant we address reliability. This Hormuz. That is a military chokepoint, setting and enforcing reliability stand- amendment does it. and we have understood that and that ards. There are some things wrong with Our existing voluntary reliability is why we have so much military over that, and I will go through that in de- system has been with us for some time. in that part of the world to assure that tail. This is a provision similar to leg- Under current law, reliability stand- oil in the supertankers of the world islation the Senate unanimously ards are set by the North American flows out of that oil-rich region of the passed last Congress which has the Electric Reliability Council and its 10 gulf, and those supertankers flow to North American Electric Reliability regional councils. These standards are the industrialized world. Council continuing to set standards entirely voluntary. There is no penalty March 14, 2002 CONGRESSIONAL RECORD — SENATE S1885 mechanism for violation. The pending guage developed by the North Amer- decided to do reliability in a manner amendment gives an enforcement ican Reliability Council. It recognizes substantially similar to that being pro- mechanism that is good. In a nutshell, and addresses the regional differences. posed by Senator THOMAS. the pending amendment takes the ex- It is supported by State Governors, in- I agree with many of my colleagues isting voluntary program and gives it cluding western Governors, and State that we should have done this in com- some enforcement powers. The new re- public utility commission. As we did mittee and not be conducting these liability organization sets the standard last year, the Senate should unani- business meetings, necessarily, or edu- with FERC, and FERC becomes the mously support the language and reject cational processes, in the Chamber. backstop, not the individual who nec- the Federal preemption and command That is not our option, however. Given essarily carries the ball upfront. The and control that is in the Daschle leg- the circumstances, the Senate should reliability organization will be made islation. follow the recommendations of the En- up of representatives of those who are I support the amendment and encour- ergy Committee on this matter and its affected: Residents, commercial and in- age its adoption. own unanimous action in the last Con- dustrial customers, independent power I would like to point out that this is gress and support the Thomas amend- producers, electric utilities, and oth- a pretty complex piece of legislation ment. ers. contained in this amendment. I encour- I see the Senator from Louisiana There is no question we need a sys- age Members to talk to members of the seeking recognition, and I yield the tem to safeguard the integrity of our Energy and Natural Resources Com- floor. electric grid. Both the amendment and mittee because we have had pre- The PRESIDING OFFICER. The Sen- the Daschle bill create mandatory and viously—not this time—hearings on ator from Louisiana. enforceable reliability rules. But they this matter. Ms. LANDRIEU. Mr. President, I do so in very different ways. This is I previously discussed my displeasure thought I would come to the floor and where Members are going to have to with the process that brought the bill speak for just a moment about an look at this amendment and recognize to the Senate floor. However, unlike amendment that I propose to lay down its contribution vis-a-vis what is in the most of this bill, the reliability lan- sometime either today or tomorrow, Daschle bill. guage does have some committee his- for, hopefully, a good debate next The Daschle bill gives all authority tory. During the last Congress, the week. This amendment is rather simple. I and responsibility to FERC. This is a Committee on Energy and Natural Re- am sure it is going to cause a lot of in- States rights issue. Clearly, when it sources specifically considered the terest and debate. I am going to ex- comes to interstate transmission of issue of whether we should have more plain it in a moment, but it will be pro- power, FERC has, and should have, a Federal controls or whether we should, posed because of what I have come to role. We believe the Daschle bill, in instead, provide enforcement authority believe after studying now for several giving all the authority and responsi- to the current voluntary standards and years the current situation with our bility to FERC, takes away from the those would be administered by NERC. energy policy. Senator BINGAMAN and States their right to address intrastate On June 21, 2000, the committee re- Senator MURKOWSKI have worked so power matters that can best be ad- ported legislation that took the ap- hard on the bill before us, and I have dressed by the States. In the Daschle proach contained in the amendment of- supported many of their efforts. I have bill, in giving all the authority and re- fered by Senator THOMAS and the Sen- nothing but the most wonderful things sponsibility to FERC, FERC sets the ate passed that approach. That ap- standards and FERC enforces the to say about the two of them and the proach recommended by the Energy patience they displayed trying to bring standards. It is that simple. Committee and passed by the Senate Unfortunately, in our opinion, FERC the bill together into one that can has been abandoned in this legislation. does not have all the expertise in the unite this body and one that can really I think that is regrettable. help move this country forward. world to set highly technical and com- The reliability language in the cur- plex reliability standards that can only I am going to vote for the bill, rent legislation was circulated by the whether ANWR is in it or not. I am be done by industry experts. Where do chairman of the committee as part of the industry experts reside? They re- supporting Senator MURKOWSKI’s effort the chairman’s mark on electricity. side within the States. to open up more domestic drilling in They ignored our committee position The amendment instead establishes a this Nation because I think he was ab- participant-run, FERC-overseeing, and the action taken by the Senate at solutely correct. But I want to say I electric reliability organization. It is a that time. We had a markup scheduled think it is going to take a more funda- blend of Federal oversight along with to consider electricity. This is when mental shift in attitude and policy. Al- industry expertise. It is similar to the the majority leader basically shut though the bill gives us great hope in bill that passed unanimously last Con- down the committee process and, in my tax credits for more production, great gress. opinion, obstructed the advancement of hope in tax credits for more alter- Over the years, the grid has been well this energy legislation. natives, we are still, if you will, argu- protected through voluntary standards We have never had the opportunity ing about the margins and missing the established by the North American to vote on this provision. I can tell you big picture. Electric Reliability Council. FERC’s what that vote would have been, how- The big picture is really this: I think voluntary reliability standards, which ever. I have said the majority leader the solution is for this country to get are not necessarily enforceable, have shut down the Energy Committee be- serious about becoming energy inde- subsequently been complied with by cause he feared our vote over ANWR. pendent. I think the President is abso- the electric power industry; in other Everyone knows a majority of the com- lutely right when he talks about a free- words, a kind of self-policing mecha- mittee and a bipartisan majority of the dom car or a freedom truck or a free- nism. Senate support responsible develop- dom system. This is about freedom. But with the changing nature of the ment of a resource that could replace This is about being able to be a leader electric power market, it is time to some 30 years of imports from Iraq. in the world based on what our real change that to create a new organiza- However, in all honesty, ANWR was values are, and not being held hostage tion with enforcement powers. That is not the pending subject when the because we need something that some- what we have done. The answer to chairman and majority leader started one else has and because we will not every problem is not necessarily an- counting votes—electricity was the produce it, even though we have it. Our other layer of Federal command and subject. foreign policy is compromised and the control or, in this case, more FERC. Reliability, Federal mandates, Fed- lives of our men and women are put in This is the central failure, in our opin- eral command and control—these were danger. ion, of the Daschle bill. Federal stand- the issues. I went through this in great It is not right. It is not smart. It is ards and Federal enforcement are sim- detail in the last Congress. We had 2 dangerous. If we did a better job of ply not necessary across the board. days of markup going through these communicating to the American people The amendment offered by the Sen- issues. When we were done, the com- this reality, I think they would rise ator from Wyoming adopts the lan- mittee voted and, as I said, the Senate and demand a fundamental change. S1886 CONGRESSIONAL RECORD — SENATE March 14, 2002 So the amendment I am going to lay to produce, but they are telling other general public in those States and con- down is a simple one. It says this: All States they can’t produce—not only vinced them that they can just con- States are to submit a plan to the Sec- not in my backyard, but not in your tinue to consume. They don’t have to retary of Energy within 1 year to show backyard. I think that kind of attitude produce anything. They do not have to how they can become basically energy is driven by populations that might not produce it by coal. They don’t have to self-sufficient. quite realize what is at stake. It is, I produce it by nuclear. They don’t have Whatever they are consuming, they think, jeopardizing our Nation and to produce it by hydro. They don’t have must come up with a plan of pro- causing us to work around the margins to produce it by gas. They don’t have ducing—not 100 percent, because I and not really work on the core points. to produce it. They can just consume. think that would be very difficult for We cannot conserve our way out of Again, the States in red on this chart some States, recognizing that some where we are. We have to produce more are importers of electricity. They con- States are small. So my amendment is domestically. sume sometimes 3, 5, 10, and 15 percent going to say that whatever you con- Let me give you another reason why more than they produce. The States in sume, you must try to produce 85 per- I am very passionate about this. purple produce more than they con- cent of what you consume. The money Every time we drive domestic pro- sume. They are net exporters. in this budget, the money that the Fed- duction off our shores, it goes some- The amendment that I am going to eral Government—taxpayers—provide, where else. It doesn’t go away. It just lay down later today is a message is contingent upon the State submit- goes somewhere else. When it goes to amendment. I think this message is ting such a plan. Canada, it is not bad because Canada is compelling. I think this is a message If you do not submit a plan, you are a stable country with good laws and worth giving. I hope somebody will lis- not permitted to receive any money. I good environmental rules and regula- ten to it. States are to submit a plan to will tell you why. On the floor I said tions. We in some ways benefit when it the Secretary of Energy within 1 year. one of the founding principles of this goes to Canada—not only as a nation In that plan, every State has to show Nation was: He who doesn’t work but as a world—because Canada is a de- how they are going to become energy doesn’t eat. It is why the Plymouth veloped, progressive, and friendly coun- independent within 10 years. If they do Colony survived. It is why this Nation try. But that is about it. not submit a plan, they are not allowed not only is surviving but thriving; it is It might go to Mexico and to South to get one penny from this energy bill because it is an American principle and Central America. Mexico is a for any projects because then they go that we live by every day—not per- friend. Our relations are warming. on their own. fectly, but it is an undergirding prin- They are an ally, but I would not say The country was founded on the prin- ciple of this Nation. that Mexico or Central America or ciple of those who work eat, and those It is not the communistic principle, Latin America have the strongest envi- who do not work don’t eat. not other principles. The principle in ronmental policies. I think they have Let me say something about by America is you live by the fruit of your fairly transparent business operations. State. This isn’t just about Louisiana. labor. You work and use the talents I am not so sure they have the highest I am proud of what my State does. We that God has given you. When you level of ethics in terms of their busi- are trying to do a better job of pro- produce, you can live and consume. But ness, at least compared to the United tecting our environment. We are mak- if you don’t work, if you don’t produce, States. ing a lot of strides. Our universities are you should not pick up the paycheck. When we drive production off the doing great, and our businesses are try- We have done it in welfare reform. We shores of the greatest country in the ing. We acknowledge that we have do it everywhere. But we do not do it in world, which has the best regulations, made some mistakes. I am very proud energy. the best laws, the most transparent of my State. We produce a lot, and we I will show you why we do not do it. system, and an assurance that drilling consume a great amount. This is a chart of the States that is done in the right way, we drive it to I will show you on this chart, but you produce power. The purple States places in the world where environ- can understand that our consumption shown here produce enough power for mental destruction is inevitable be- is not just for ourselves. We have a lot themselves, and are net exporters of cause they do not have the technology. of industry that makes a lot of prod- power. They produce it in all different They do not have the laws. They do not ucts that go everywhere in the country ways. Some produce it by coal, some have the organized environmental and in the world. Not only do we produce it by oil and gas, some produce groups. produce everything that the 4.5 million it by using their great water resources In our great righteousness of trying of us need every day for our lives, but with which their regions are blessed. to clean up the United States of Amer- we also produce enough to run this These States have figured out what re- ica, we are messing up the rest of the great industrial complex. Even then, sources they have. world. It doesn’t make sense from an we send another half of what we They are trying—I admit with a lot environmental perspective. It doesn’t produce out to everybody else. We do it of mistakes in the past. When we didn’t make sense from a security perspec- because we are very blessed to have oil have the great science and technology tive. Children, young people, spouses, and gas. We thank God for it. We didn’t of today—using basically just carriages and parents are dying today over this make it. It was there where our State and horseback—we were just trying to issue. was founded. But we are wise enough to make it work and build this country. Why can’t we help Israel anymore? try to recover it and use it for the So they found all these resources and Because we are so dependent on Arab great growth of the Nation. started putting them together, to give countries to supply us with oil, and so In addition, we sit on the greatest power to a nation that is truly the we don’t have to drill anywhere in the river system that drains the entire Na- light of the world. United States for oil. We see in the tion, that produces fish, and we have Now notice the red States here. They paper every day that another 60 people levy systems, at some sacrifice to our are consuming much more—in some have died in Israel, and we say we are environment. Who in America would cases dramatically more—than they sorry. say we don’t need the Mississippi are producing. That is the problem. I This Senator is going to do every- River? I don’t know what we would do will submit for the RECORD the num- thing in her power to help change this without it. I do not know what our bers that are quite dramatic for these view in the United States. farmers in the Midwest would do with- consuming States which indicate their When a person runs for President in out the mighty Mississippi and its trib- unwillingness and their reluctance to this country, they have to go to Cali- utaries. produce the energy they need to sus- fornia to get a lot of votes. They have The people in Louisiana have done tain their economy and their depend- to go to Florida to get a lot of votes. more than their fair share. It is not ence on others to produce. They have to go to other big States to just about Louisiana. It is about the If that were as far as we have gone, get a lot of votes. There are some in- principles that we need to get straight. maybe we could even live with that. terest groups there that I think have This chart is an illustration of how Not only are these States not willing captured and held hostage some of the much natural gas comes from offshore. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1887 This is the big trunk—Louisiana and it worth it? I would ask myself that. Is But I am not going to listen to ‘‘be- Mississippi. This represents where our it worth it to open it up if you could cause MMS says.’’ I asked MMS this gas comes from that is firing our econ- only get a few months’ worth of gas? morning. I asked: How do you all come omy and meeting new environmental Maybe that answer would be wrong. I up with these numbers? clean air standards. Why? Because nat- will show you the reason these charts They said: Senator, since we have ural gas is a clean way to produce en- are very misleading. done no exploration there, we really ergy. It helps keep our air clean. That On this chart, look at the Gulf of don’t know. We just low-ball it. These is the benefit when you have a pro-pro- Mexico, where we have been drilling are just bare minimum numbers. duction attitude. since about 1950. It is a very developed But I can use my brain and figure out Just imagine if we had a pro-produc- field. We know what is there because what the truth is. Today I figured it tion attitude in other places in this Na- we have taken a lot out. Our industry out. There is a lot of gas. There is a lot tion. Instead of one tree trunk, we is very knowledgeable about this area. of oil. There is enough in that little could have 10 tree trunks. So in the Look what this chart says: Gas, part in Alaska where Senator MUR- event that some terrorists tried to shut 105.52, which means this is 105 trillion KOWSKI and Senator STEVENS want to down one of these tree trunks, we cubic feet of gas in just one part of the drill. And it is not the last great place might have several others. Or in the gulf. But right over this line, between on Earth, which is something else I event of some natural catastrophe, Alabama and Florida, the estimate want to talk about. With all due re- such as a major hurricane, or some drops to 12.31 trillion cubic feet of gas. spect to the environmental leaders who other event that might shut down some So I tell you again, that could not have done a good job in our country of the infrastructure here, we could be possibly be true because any geolo- helping us to find a balance, we have, self-reliant. But we are not self-reliant gist—and I am not a geologist—but any in this case, gone too far, in my opin- because we have one big trunk, and it geologist can tell you that the forma- ion. It is not the last great place on comes right off the Mississippi and tions do not stop at State boundaries. Earth. Louisiana coast. Nowhere else. They do not stop at political bound- This Earth has a lot of great places It cannot come off anywhere here as aries. If these formations are true for left. There are a lot of wonderful shown on this portion of the chart be- the western part of the gulf, it has to oceans and rivers and streams and cause we have blocked everything else. be true for the eastern part. things that are getting cleaner and We are just like sitting ducks. We have So when we say no drilling anywhere brighter every day. It is not the last one tree trunk. If that tree trunk gets in the eastern part of the gulf because great place. But they would drive drill- cut down, we are out of business. there might be only a little bit of gas— ing off the most sophisticated Nation Let me show you another chart. This so why go there? It is not just a little on Earth into places that are worth shows you the other fallacy. bit of gas. It is the difference between preserving in this world. But they are I am so tired of hearing people say: imports and freedom. It is the dif- not going to exist anymore because the Senator, even if we opened up drilling ference between being hostage to environmental movement itself is everywhere, we could only get enough enemy countries and freedom. It is a going to destroy them. Because there gas to last us for a year or 2 years or big difference. And it is a big decision. are no regulations in other countries— 3 years. Let me just say something: Hogwash. And we mislead our people when we not up to our standards—there is no Hogwash. It is not true. I say to any- say: Why drill? There is just not a lot oversight, there are no democracies, body who says it, please come to this of gas there. there is no free press to tell you when Chamber and let’s debate the numbers There is a lot of gas in the gulf. you have gone too far. because I am going to show you what I There is enough gas, just in my little We have a free press in this country. just learned this week, after being here place to keep the country going for 5 And, believe me, that is a great thing several years. I was looking at these years—just in one part. Five years— because if the industry goes too far, charts, and then something very sig- just in my part. And we are willing to the press will be right there, writing: nificant dawned on me. do it. But why should we try to keep it You didn’t abide by your permit. You As seen on this chart of the United going for the next 20 years? Can’t went too far. You have polluted this States, for those areas shown in the someone else contribute? For 5 years stream, and you should not do it. Then gold-orange color, we have said, either we could keep it going. And that is on we respond to it and we shut them through law or through regulation, you one little part. And we have already down. That does not exist in places like cannot drill here. It was not always taken half of our gas out. Brazil or Honduras, and other places, this way; we did not start the country So I am just going to make a rough to that great of an extent. this way—but in the last several years, estimate that if Florida would open So I challenge the environmental a small group of people who think you up—not close to the shore because I do community: Could you think about can consume and not produce have con- not want to put oil rigs off the coast of somebody else besides us for a change? vinced enough people of that mistruth, Florida. I have spent my life growing Could we think about the world? We and successfully blocked production in up off the Florida coast. I am used to are not thinking about the world. We these areas. seeing oil rigs. I understand people do are leading the country in the wrong Here are the areas shown on the not like them. I think they are pretty direction. chart. You cannot drill anywhere up nice. I have been on them. But I under- I challenge the leadership to tell the the east coast and the eastern part of stand that. people the truth. Just tell them the the Gulf of Mexico. You cannot drill in I am not talking about right off the truth. We are not telling them the California or any place such as Wash- coast. I am talking about 25 miles out. truth. And, as a result, when they do ington or Oregon. You cannot even see them. And with not have the truth, they cannot then But what these charts are not accu- the directional drilling now, you could respond in a way that is right. rate about is this: Minerals Manage- drill with a minimal footprint and pro- It is our job to say the truth, and I ment Service, for instance, offers these vide this Nation with 10 years of free- am going to say it every day in hopes estimates. MMS does a beautiful job. It dom. You could tell Saudi Arabia, no. that we will get energy independent in isn’t that they are trying to mislead, You could say: No, we are not sending this Nation. We can do it. And we can but I just learned how they calculate our soldiers. But, no, we have people do it by producing more in the right these numbers and they are not really who think: Fine. Send the soldiers. ways, and by—as Senator BINGAMAN accurate or show the right picture. I don’t want to send my son. He is has been so good at—focusing on new They are calculating, if we open this only 9. I hope I can keep him home. freedom technologies, such as fuel cells area, we could maybe get 2.5 trillion That is what this debate is about. I do and hydrogen and new reactors that cubic feet of gas. The United States not want him to go when he is 18. If I Senator DOMENICI has been leading us needs 22 trillion cubic feet of gas a have to come to this Chamber every on for the nuclear industry. And soon year. day until he is 18 to fight on this point, it will be wonderful to live in a country So that would only be such a small it is worth it—for him, for my family, where we are energy independent. Then percentage, you could ask yourself: Is for everybody’s family. we can set our goals and our principles S1888 CONGRESSIONAL RECORD — SENATE March 14, 2002 according to our values and according I hope I see that day. I am young produce and which States do nothing to the reason we fought and died in enough that hopefully I will see it. I but basically consume. have a lot of years left to fight. every war: The values for which this There being no objection, the mate- country stands. Mr. President, I ask unanimous con- sent to have printed in the RECORD rial was ordered to be printed in the these numbers that show which States RECORD, as follows: STATE ENERGY PRODUCTION AND CONSUMPTION

1999 Production Quadrillion Btus (Quads) 1999 Consumption State Total elec- Primary MMBtu per MMBtu per 1999 Popu- tricity electricity Oil NG Coal Total quads capita Quads total capita lation

Alabama ...... 0.413 0.148 0.065 0.608 0.414 1.234 282.4 2.005 458.8 4,369,862 Alaska ...... 0.020 0.003 2.223 0.514 0.033 2.773 4476.1 0.695 1121.4 619,500 Arizona ...... 0.286 0.138 0.000 0.001 0.250 0.389 81.5 1.220 255.3 4,778,332 Arkansas ...... 0.162 0.061 0.041 0.000 0.000 0.103 40.4 1.204 471.8 2,551,373 California ...... 0.630 0.328 1.584 0.425 0.000 2.336 70.5 8.375 252.7 33,145,121 Colorado ...... 0.135 0.005 0.107 0.821 0.636 1.570 387.1 1.156 284.9 4,056,133 Connecticut ...... 0.095 0.052 0.000 0.000 0.000 0.052 15.8 0.839 255.7 3,282,031 Delaware ...... 0.023 0.000 0.000 0.000 0.000 0.000 0.0 0.279 370.0 753,538 Dist. Of Columbia ...... 0.001 0.000 0.000 0.000 0.000 0.000 0.0 0.170 327.2 519,000 Florida ...... 0.639 0.135 0.028 0.007 0.000 0.170 11.3 3.853 255.0 15,111,244 Georgia ...... 0.408 0.134 0.000 0.000 0.000 0.134 17.1 2.798 359.3 7,788,240 Hawaii ...... 0.035 0.003 0.000 0.000 0.000 0.003 2.8 0.241 203.6 1,185,497 Idaho ...... 0.049 0.048 0.000 0.000 0.000 0.048 38.3 0.518 414.1 1,251,700 Illinois ...... 0.557 0.282 0.070 0.000 0.858 1.210 99.7 3.883 320.1 12,128,370 Indiana ...... 0.416 0.002 0.011 0.000 0.722 0.735 123.7 2.736 460.3 5,942,901 Iowa ...... 0.130 0.016 0.000 0.000 0.000 0.016 5.6 1.122 390.9 2,869,413 Kansas ...... 0.144 0.031 0.168 0.615 0.009 0.823 310.2 1.050 395.6 2,654,052 Kentucky ...... 0.316 0.009 0.016 0.000 2.963 2.988 754.5 1.830 462.1 3,960,825 Louisiana ...... 0.305 0.062 0.696 5.904 0.063 6.725 1538.1 3.615 826.9 4,372,035 Maine ...... 0.041 0.023 0.000 0.000 0.000 0.023 18.1 0.529 421.9 1,253,040 Maryland ...... 0.178 0.054 0.000 0.000 0.081 0.135 26.2 1.378 266.5 5,171,634 Massachusetts ...... 0.135 0.024 0.000 0.000 0.000 0.024 3.9 1.569 254.1 6,175,169 Michigan ...... 0.354 0.062 0.045 0.308 0.000 0.415 42.1 3.240 328.4 9,863,775 Minnesota ...... 0.168 0.056 0.000 0.000 0.000 0.056 11.8 1.675 350.8 4,775,508 Mississippi ...... 0.120 0.035 0.104 0.123 0.000 0.263 95.1 1.209 436.5 2,768,619 Missouri ...... 0.252 0.035 0.001 0.000 0.008 0.044 8.1 1.768 323.3 5,468,338 Montana ...... 0.100 0.040 0.087 0.068 0.872 1.067 1208.8 0.412 467.2 882,779 Nebraska ...... 0.107 0.040 0.015 0.000 0.000 0.056 33.5 0.602 361.3 1,666,028 Nevada ...... 0.105 0.015 0.004 0.000 0.000 0.019 10.4 0.615 340.1 1,809,253 New Hampshire ...... 0.056 0.039 0.000 0.000 0.000 0.039 32.3 0.335 279.2 1,201,134 New Jersey ...... 0.194 0.103 0.000 0.000 0.000 0.103 12.6 2.589 317.9 8,143,412 New Mexico ...... 0.111 0.001 0.373 1.679 0.619 2.672 1536.1 0.635 365.0 1,739,844 New York ...... 0.495 0.210 0.001 0.000 0.000 0.211 11.6 4.283 235.4 18,196,60 North Carolina ...... 0.402 0.147 0.000 0.000 0.000 0.147 19.2 2.447 319.8 7,650,789 North Dakota ...... 0.107 0.009 0.191 0.059 0.661 0.919 1450.6 0.366 577.1 633,666 Ohio ...... 0.486 0.060 0.035 0.000 0.477 0.572 50.8 4.323 384.1 11,256,654 Oklahoma ...... 0.187 0.011 0.409 1.745 0.035 2.201 655.5 1.378 410.2 3,358,044 Oregon ...... 0.193 0.157 0.000 0.001 0.000 0.159 47.9 1.109 334.5 3,316,154 Pennsylvania ...... 0.664 0.257 0.009 0.000 1.621 1.887 157.3 3.716 309.8 11,994,016 Rhode Island ...... 0.023 0.000 0.000 0.000 0.000 0.000 0.4 0.261 263.5 990,819 South Carolina ...... 0.306 0.179 0.000 0.000 0.000 0.179 46.0 1.493 384.2 3,885,736 South Dakota ...... 0.036 0.023 0.006 0.000 0.000 0.029 39.8 0.239 326.0 733,133 Tennessee ...... 0.319 0.120 0.002 0.000 0.064 0.187 34.0 2.071 377.6 5,483,535 Texas ...... 1.220 0.137 2.606 6.797 1.126 10.666 532.1 11.501 573.8 20,044,141 Utah ...... 0.125 0.005 0.094 0.292 0.560 0.951 446.3 0.694 325.8 2,129,836 Vermont ...... 0.019 0.019 0.000 0.000 0.000 0.019 32.0 0.165 277.9 593,740 Virginia ...... 0.255 0.106 0.000 0.000 0.685 0.791 115.1 2.227 324.1 6,872,912 Washington ...... 0.397 0.355 0.000 0.000 0.087 0.443 76.9 2.241 389.3 5,756,361 West Virginia ...... 0.323 0.003 0.009 0.000 3.353 3.365 1862.0 0.735 407.0 1,806,928 Wisconsin ...... 0.202 0.052 0.000 0.000 0.000 0.052 9.9 1.811 344.8 5,250,446 Wyoming ...... 0.149 0.004 0.355 0.914 7.155 8.428 17573.6 0.422 879.5 479,602 Other States ...... 0.889 0.889 Other ...... 0.000 0.0577 Federal Offshore ...... 3.096 U.S. Total ...... 12.594 3.839 12.451 21.771 23.356 61.416 225.2 95.683 350.9 272,690,813

Ms. LANDRIEU. Then I am going to have the area of lease sale 181 that was to supporting the States that want to submit other things for the RECORD and addressed by the Senators from the have the development. Whether we talk lay down the amendment when the States of jurisdiction. I respect the at- about CAFE or some reasonable form Senator from Alaska suggests we lay it titude prevailing within those States of revenue back to the States that bear down. relative to what happens off their the impact associated with offshore ac- I yield whatever time I have remain- shores. tivity, such as Louisiana or others, we ing. The entire west coast of the United get into a fight over equity there. The PRESIDING OFFICER (Mr. States is off limits, from Washington Clearly, Louisiana has to provide the BAYH). The Senator from Alaska. to California. The Senator from Lou- infrastructure to support an offshore Mr. MURKOWSKI. Mr. President, I isiana did not show what happened in activity, but they don’t receive nec- have listened to the Senator from Lou- the overthrust belt, where we have the essarily any Federal consideration on isiana. I look forward to being a co- producing States of Colorado, Wyo- revenue sharing that is any more sig- sponsor of her amendment. ming, Montana, Utah, northern parts nificant than another State that For far too long, we have not identi- of New Mexico; they have been taken doesn’t have that impact. fied the issue of equity which the Sen- basically off limits by the roadless pol- Ms. LANDRIEU. Mr. President, will ator from Louisiana has certainly icy, as has a lot of public land. the Senator yield? shown with her chart. I have a slightly As we begin to look at this country, Mr. MURKOWSKI. I am happy to bigger chart which basically shows the we recognize who produces the energy: yield. same thing. Texas; Louisiana; Mississippi; Ala- Ms. LANDRIEU. The Senator is I will take a few moments, if I may. bama, to a degree; California is still a aware that there is a great injustice on I ask the Senator from Louisiana to major producer; Montana; my State of which I hope we can make some head- look at this chart. As she displayed on Alaska. But the inconsistency, as the way before this bill leaves the Senate. her own chart, the areas that are off Senator from Louisiana pointed out, is The injustice is that Federal law al- limits for oil and gas exploration are that we have an inequity. And it is lows interior States—and I think right- clearly the entire east coast of the ironic that Senators who do not want fully so, and I most certainly support United States, from Maine to Florida. energy production from Federal lands it and would even argue it should be in- This is the entire area in gray. Then we of their States are very much opposed creased—but in the interior States, March 14, 2002 CONGRESSIONAL RECORD — SENATE S1889 when they do any kind of mining or re- paper this morning showed a very dis- Mr. MURKOWSKI. I thank the Sen- source recovery on Federal land, the mal picture relative to what is hap- ator from Louisiana. I look forward to State that hosts that Federal land and pening in the Mideast, the threat from seeing her amendment, which I intend the surrounding communities share 50 Iraq. I am always reminded of Senator to cosponsor and support. percent to compensate for impacts be- Mark Hatfield, who was a respected As we reflect on this debate, make no cause there are roads that have to be Member of this body from the State of mistake about it, yesterday’s vote was built. Oregon, who said time and time again: a vote where we were willing to give up There are other impacts where if the I would rather vote for opening up CAFE for the safety of our children. I Federal Government is going to benefit ANWR than send another American think that is pretty basic. We are going from drilling within your State, even man or woman to fight a war on for- to have the same opportunity to ad- on State land, we think the State eign soil over oil. That is what the Sen- dress the parallel when we get to the should share the benefit. ator is talking about with regard to issue specifically of trying to reduce But the tragedy is that for coastal her own son. our dependence on imported oil— States, such as Louisiana, Texas, Mis- As we look at our vote yesterday, whether we want to trade off domestic sissippi, Alabama, and, to some degree, really that vote was over safety. It was production here at home, the opening Alaska, you must drill within 3 miles families; it was children. We sacrificed of ANWR, or, indeed, recognize the of your coast to get any compensation. to some extent a CAFE for that assur- threat we have to young men and So we are sending $4 and $5 billion in ance and that reality. I think we have women fighting a war overseas on for- royalties and revenues to the Federal to look similarly to the merits of our eign soil over oil. Treasury. In addition to sending the dependence on greater sources of im- I will take a few moments to remind oil, in addition to sending the gas, we ported oil from overseas and the price our colleagues that our President had are also sending huge amounts of we are going to have to pay for it, not some very strong words today for Sad- money to the Federal Treasury, and just in dollars but American lives. dam Hussein. Yesterday, during his our States get nothing, nothing in di- There is a parallel. press conference, he shared them with rect aid. Ms. LANDRIEU. Will the Senator many of our colleagues. I want to My next amendment is going to be yield for one moment? I would ask him quote from that press conference. I ask about changing that. I have an amend- if he could imagine if we put some kind that Members who haven’t looked at ment that is going to ask for a portion. of chart up like this where there were the front page of the Washington Post I hope everyone will support that. I some States that said: We want to to recognize the potential threat we can’t imagine why anyone wouldn’t, produce food. And then other States have with regard to our relationship considering what I have just shown. I said: No, we are not going to produce with Iraq. Yesterday he said: thank the Senator for raising this any food. We want you to produce the I am deeply concerned about Iraq.... issue. food, and we don’t want to produce the This is a nation run by a man who is willing Mr. MURKOWSKI. I thank the Sen- food. Not only do we not want to to kill his own people by using chemical ator from Louisiana. I will comment on produce the food, but we want to have weapons, a man who won’t let the inspectors a couple of other points she made. One a moratorium on food production. Not into the country, a man who’s obviously got is that States such as Louisiana and only are we going to have a morato- something to hide. other energy-producing States con- rium on food production in our State, Further, the President states: tribute extraordinarily to the standard we are going to tell you, the purple And he is a problem, and we’re going to of living we all enjoy. We enjoy it with- States, what kind of food you can grow deal with him . . . we’ve got all options on out having the impact of resource de- and how you can grow it, and that is the table.... One thing I will not allow is velopment in some States. just the way it is going to be. a nation such as Iraq to threaten our very fu- I would appreciate it if they would I realize this might be stretching this ture by developing weapons of mass destruc- tion. leave that one chart up that showed analogy, but we have to break through the electricity because that in itself— to the American people in some way We know that Saddam Hussein has even though I am not over there, I hope and explain that there are certain been up to no good. We have not had 1 the camera can pick it up—does rep- things we all need. We all have to be inspectors there for over 2 ⁄2 years, and resent a significant reality that the able to produce them. Food is one. En- we have reason to believe he has a mis- purple States are contributing for the ergy is one. sile development capability. He has al- production of electric energy so that Then some people will come down ready shown it in the Persian Gulf war the other States can share a standard here and argue: Senator, this is not and with the missiles that were fired at of living that is equal to the States right, because some States produce Israel. We have every reason to believe that are generating the electric pro- food, some States produce energy, he has a biological, and perhaps a nu- duction. That means somebody is burn- some States produce this, some States clear, capability. We know he has been ing coal in a purple State, and a red produce that, and that is what a union developing weapons of mass destruc- State enjoys theoretically the poten- is all about. I have thought about that. tion. tial of not the impact of air emissions But there will not be a moratorium on Now, the President said: but the generation of prosperity food. Nobody is saying don’t grow food We’ve got all the options on the table. through inexpensive electricity be- in my State. But, about energy, they I don’t need to remind my colleagues cause of various efficiencies we have in are saying we don’t want to produce what Saddam Hussein means to the the system. energy in our State. We don’t want the world in which we live. He is much For a producing State not to get any gas plants, don’t want the oil; we don’t more than just one of the world’s other consideration seems kind of in- want to produce it through nuclear or greatest threats to peace and stability. equitable when we look at technology through coal. Some States are even He is more than just an enemy with and issues of where are we going to going so far as to say: We don’t want whom we went to war. Unfortunately, generate the power we consume. the electricity lines. They are not nice he is a partner at the same time. He is That chart specifically is limited to to look at. We don’t want merchant a partner we rely on to power our econ- electricity, but it is a very interesting powerplants. omy. What is going to happen to the one because it shows a harsh reality. I How in the heck do they think, when roughly million barrels a day we im- encourage my colleagues to feel a little you walk into a building, these lights port each day when and if President guilty if they are a red State. If they go on? There is some electricity line, Bush’s words turn into deeds? Are we are a red State, they are depending on or a powerplant, or there is some man still going to be able to count on Sad- a purple State to support the quality or woman in a coalfield working for dam Hussein for a million barrels a and standard of living they enjoy. power production. We have done a day? How are we going to replace that I appreciated the Senator’s comment great disservice to our country by not oil? relative to her young son and the re- making this connection. It is very dan- I want colleagues to understand an ality that we have fought a war over gerous. I thank the Senator from Alas- important reality of one of our efforts energy oil specifically—before. The ka. on the energy bill. By an overwhelming S1890 CONGRESSIONAL RECORD — SENATE March 14, 2002 majority, 62 to 38, yesterday’s vote on from Saudi Arabia. With American and State solutions if FERC does not CAFE was a victory for common sense, technology, we can reach oil safely and think they have the expertise and that for the American family, and the we can create thousands of jobs. the expertise lies elsewhere. They have American worker. As I indicated ear- It is interesting to note that today the flexibility to look elsewhere for lier, it was a very basic vote where we we are going to have James Hoffa, the those solutions. gave up CAFE for the safety of our citi- Teamster president, for a press con- I believe what Senator BINGAMAN has zens and our children. By insisting that ference and one of the things we will be provided for us is a thoughtful com- sound science decides where we should discussing is how to reduce our depend- promise. It is based on the premise set our fuel standards, we protected ence on foreign oil. One of the items is that a reliability structure should be America’s ability to choose the auto- opening ANWR. That debate lies ahead both simple and dependable. The lan- mobiles that meet their needs and the of us. Keep in mind the realities of the guage in the underlying bill requires American workers who build them. choices we make when we choose from FERC to implement a system that ap- But in so doing, those who objected where our oil comes. plies to all regions in what I believe is to this more reasonable approach to Mr. President, I suggest the absence a fair manner. It also includes a flexi- CAFE standards for reducing our de- of a quorum. bility to defer, as I said earlier, where pendence on foreign oil—that was basi- The PRESIDING OFFICER. The appropriate, to regional entities and to cally rejected as an alternative. Keep clerk will call the roll. States. I believe this is a good solution in mind that one of the treaties of that The bill clerk proceeded to call the to the important issue of ensuring the particular concept was that we don’t roll. reliability of our electric grid. The need to develop more oil here at home. Mr. CARPER. Mr. President, I ask electric grid is a national infrastruc- We don’t need to develop ANWR. We unanimous consent that the order for ture, and the oversight of its reliability can do it through CAFE savings. the quorum call be rescinded. should be national in scope as well. Well, perhaps that might have been The PRESIDING OFFICER. Without This morning Senator BINGAMAN in- possible, but that was simply addressed objection, it is so ordered. troduced into the RECORD a letter from in real terms by a rejection of that Mr. CARPER. The Presiding Officer PJM. PJM is the entity which coordi- thought. So that alternative of CAFE and I, before we were hired on as Sen- nates the electric grid in Delaware and savings—picking up what we would ators, used to earn our keep by serving in five other States in the mid-Atlantic otherwise have to perhaps depend on in as Governors of Indiana and Delaware. region. PJM is recognized, we believe, ANWR, opening up domestic oil and As Governors, we were mindful of the as the best in the country in ensuring gas reserves—was rejected. prerogatives of the States and our roles the reliability of our grid. They said Between the CAFE victory and the and responsibilities as chief executives they support Senator BINGAMAN’s ef- President’s words on Iraq, I think it is of our States. We worked through our forts as well. So do I. clear we have to act to fill the energy national and regional organizations to I would be surprised if our colleagues, voids. If we are not going to do it make sure the concerns of our region especially those from the mid-Atlantic through CAFE, how are we going to do and the Governors and the States in or from the Northeast, voted for the it? If we are going to terminate our re- general were respected. amendment that is being offered by the lationship with Iraq under some set of Whenever a group of Governors today Senator from Wyoming later today, circumstances, that is certainly going raises a concern about an issue that is particularly if they will take the time to affect our ability to import oil. before the Congress, I listen. In this to listen to the input, as I have, from Where will we get the difference? case, we have heard from a number of their PJM in their part of the country, The Senator from Louisiana said it Governors from the western part of the and especially if they will take the right. Charity begins at home. We have United States raising concerns with re- time to read this letter. It is a Dear to develop those areas where we have spect to the electric reliability provi- Colleague letter from Senator BINGA- possible oil and gas potential to lessen sions that are in the underlying bill be- MAN. our dependence on foreign oil. fore us. As Governors, we always tried to find I think her theory of holding each We have had a chance to try to better solutions that were simple and depend- State accountable is a good one. We understand what the concerns of the able: The old ‘‘kiss’’ principle, keep it have technology and ingenuity within Governors are, and we have had an op- simple stupid. I often find that would our States. Some States may be able to portunity to try to understand how underlie what we attempted to do. We generate energy from solar, or wind, or their concerns, if adopted as proposed, would often seek, as Governors, to nuclear. Let’s get on with it here at would affect the rest of us who do not make sure what we tried to do for one home. happen to be from those 14 or so West- region of the country did not somehow We have a lot of coal in this country, ern States that have banded together inconvenience or undermine the inter- and we have gas offshore, and we have to present their message to us. ests of another part of the country. oil potential in certain areas. Let’s That having been said, I nonetheless My concern about what our friends commit ourselves to becoming more must feel compelled to rise in support from the West have proposed is it is energy independent. We can do that if of the electric reliability provisions not simple and it would undermine and we concentrate on it. that are in the underlying amendment. put the rest of us at a disadvantage. Isn’t that a good thing for the Amer- Senator BINGAMAN has sent out a Dear I urge my colleagues to support Sen- ican economy? If we made this kind of Colleague letter to all of us dated yes- ator BINGAMAN’s position in the under- a commitment, you would see the terday, March 13, on this issue. I urge lying bill and oppose the amendment of OPEC cartel come to an emergency our colleagues to take a few minutes to Senator THOMAS. meeting where they would say, just a read it as we approach the vote at 2 Mr. REID. I suggest the absence of a minute, maybe we should lower the p.m. quorum. price of oil, maybe we should make a The underlying language that is in The PRESIDING OFFICER (Mr. MIL- little more available—instead of what the bill Chairman BINGAMAN has devel- LER). The clerk will call the roll. they are doing now. oped represents what I believe is a sim- The assistant legislative clerk pro- So I think the Senator from Lou- plified approach that places appro- ceeded to call the roll. isiana brought up some interesting priate authority for liability within Mr. REID. Mr. President, I ask unan- ideas, and we should concentrate a lit- the Federal Energy Regulatory Com- imous consent that the order for the tle bit more on getting our act to- mission, which we call FERC. FERC is quorum call be rescinded. gether. You have heard it time and the proper body to address electric reli- The PRESIDING OFFICER. Without again, but one of the major sources is ability issues. FERC has the expertise objection, it is so ordered. the promise of ANWR. ANWR has more to harmonize reliability and to com- Mr. REID. Mr. President, I say to my oil in it than Texas currently shows in mercialize issues that States and utili- friend from Oregon, when the time ar- reserves. It offers us an opportunity to ties face. rives that he has his amendment in potentially eliminate Iraqi dependence Under Senator BINGAMAN’s proposal, hand, I will be happy to yield the floor for more than a century or 30 years FERC can objectively defer to regional to him. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1891 In the meantime, I note that after Senator MURKOWSKI, my friend from that in the United States; it is hard to the 2 o’clock vote Senator BINGAMAN Alaska, wants to produce more energy get our oil. However, Nevada is referred will lay down an amendment. The pur- as a result of this bill. He wants to to as a Saudi Arabia of geothermal. My pose of the amendment, as I under- produce energy in the ANWR wilder- State can use geothermal to meet a stand it, is to change the renewable ness. That is not going to happen. third of its electricity needs. Today, portfolio in the underlying bill. The On the other side, people want to cut this source of energy produces only a underlying bill says in effect that 10 down the consumption of fuel. That little over 2 percent of our electricity percent of the electricity in this coun- was debated all day yesterday with needs. We must reestablish America’s try must be renewables by a certain CAFE standards. That is not going to leadership in renewable energy. time. Senator BINGAMAN’s amendment happen. How can Congress help? Clearly, the changes that to 81⁄2 percent, lowering On one side, we have Members who two most important legislative means it. Senator JEFFORDS will offer an want more production out of Alaska are a renewable portfolio standard and amendment to raise that amount to 20 and are not going to get it; and those a production tax credit. The renewable percent—double the amount in the un- who want to cut down the consumption portfolio standard provides a strategic derlying bill. Following that, Senator of fuel on automobiles will not get it. framework for renewable energy devel- KYL of Arizona will offer an amend- Where does that leave us? It leaves us opment while the production tax credit ment to delete all renewables from the with the opportunity to demand that acts as a market force. They are both bill. we do more with renewables. We can do essential. We need a permanent produc- Senators will have an opportunity to that. There is no question we can do tion tax credit to encourage businesses vote for a lowering of the amount from that. We are not as well advanced in to invest in wind farms, geothermal 10 to 81⁄2 percent, sponsored by Senator technology as we should be, but we plants, and solar arrays. BINGAMAN and others; they will have an could be. The link between environ- Within the stimulus bill we passed, opportunity to vote for raising that ment and energy must be forged and and the President signed last week, standard to 20 percent; or eliminating tempered in this century. I know ev- there is a tax credit for wind. We had them altogether. We will complete eryone understands the importance of that before. It is so important. All over those votes this afternoon sometime. developing renewable energy resources America we have companies wanting to Although the amendment has not in homes and businesses without com- go forward with wind farms. They been laid down, I will speak in support promising our air or water quality. could not do it because they did not of the Jeffords amendment. Why would Senator JEFFORDS, in his position as have the tax credit. Now, within a I do that? The State of Nevada would chairman of the Environment and Pub- short period of time, they are off and benefit significantly from renewable lic Works Committee, is in a very good running again. energy because the Nevada Test Site— position to proceed on this. That is When the wind energy tax credit first where we for 50 years have set off nu- what he is going to do. He will offer a came into being, it took a little over 22 clear weapons and are still performing second-degree amendment to increase cents to produce a kilowatt of elec- testing—could produce enough elec- the supply of renewables. He will offer tricity by wind. At the same time, coal tricity for the whole United States, that at a later time. and natural gas was 2 cents to 3 cents. every need in the United States for Congress needs to step up to the Wind was way behind these other two electricity, by putting solar panels plate and diversify this Nation’s energy sources. But today, because of the tax credit, wind is the same price as coal that cover the Nevada Test Site. There supply by stimulating the growth of re- and natural gas. That is why we need is that much sun. We are not going to newable energy, America’s abundant to make sure we have a production tax do that, but we could. and untapped renewable energy, and Also, the State of Nevada is the most fuel our journey to a more prosperous credit. It would cause people to invest mountainous State in the Union. We tomorrow. We should harness the bril- in wind farms. We also need it, though, have more mountains than any State liance of the Sun, the strength of the Mr. President—we do not have the in the Union, except Alaska. We have wind, and the heat of the Earth to pro- same tax credit for Sun, solar. We do 340 separate mountain ranges. We have vide clean, renewable energy for our not have it for geothermal. We do not have it for biomass—and we need to get 32 mountains over 11,000 feet high. As a Nation. that. That is why I am looking forward result of that, we have wind all over Other nations are developing renew- with great interest to the Finance the State of Nevada. Nevada, other able energy sources at a faster rate Committee Chairman’s work, Senator than Alaska, is the most dangerous than we are in the United States. Ten BAUCUS, to offer something on this bill State in which to fly. Why? Because of years ago, America produced 90 percent of the world’s wind power; today, 25 to allow us to do that. the mountains. We have weather A permanent tax credit would pro- percent of the world’s wind power. Ger- changing very quickly because of the vide business certainty and ensure the many has the lead in wind energy, and mountains. People do not realize Ne- growth of renewable energy develop- vada is the most mountainous State Japan in solar energy. They are using ment. It would signal America’s long- except for Alaska. technology that we developed, but we term commitment to renewable en- People think of Nevada as being are not moving forward on it. They ergy. As I have already said, I look for- desert, like Las Vegas. That is not the have surpassed us because their gov- ward to Senator BAUCUS’s bill. case. We have, in addition, the ability ernments have provided support for re- I hope to have more to say about the to produce large amounts of energy newable energy production and use. production tax credit when we begin with sun. We have the ability to In the United States today, we get debate on the tax provisions of the en- produce large amounts of energy with less than 3 percent of our electricity ergy bill. For the time being, let me wind. However, it does not stop there. from renewable energy sources such as focus my remarks on the need for a na- Nature gave Nevada also the greatest wind, solar, and geothermal. But the tional renewable portfolio standard. geothermal resource in the United potential from a State such as Nevada I see the chairman of the Environ- States. is unbelievably large. To meet the ment and Public Works Committee is I remember when I first went to goals for 2013, for example, Nevada has, in the Chamber. I say to my friend, I Reno. I traveled from Reno to Carson through their State legislature, indi- have been indicating you are going to City, about 25 miles. Driving along cated they must produce more elec- offer a second-degree amendment at a that road on the side is steam coming tricity. I am proud of the State of Ne- subsequent time to the Bingaman from the ground. I had never seen any- vada for doing that. They have set amendment, which has not yet been thing like that before. The steam is goals. If they set goals, there is no rea- laid down. from the heat of the Earth. What we son we as a Federal Government can- I have been laying on the Senate all have been able to do is tap that heat. not set goals. the reasons you are so visionary in of- Now we are producing electricity in In Saudi Arabia—we refer to them as fering this amendment. Nevada, the geothermal energy. That is the energy source of the world—they We have to do this. I said earlier to why I am so in favor of the Jeffords literally can punch a hole on top of the those here in the Chamber that this en- proposal. ground and oil comes out. We do not do ergy bill has turned into an interesting S1892 CONGRESSIONAL RECORD — SENATE March 14, 2002 bill. On the one hand, people want to If we begin to factor in environment having to meet this 20-percent margin. produce more by drilling in ANWR. and health effects, the real cost of en- Renewable energy, as an alternative to That is not going to happen. We also ergy becomes more apparent. At the traditional energy sources, is a com- wanted to increase the fuel efficiency Nevada Test Site, I have indicated to monsense way to make sure American of cars. That is not going to happen. I the Senate what could happen there people have a reliable source of power think all we have left to point to for with solar power production. But a new at an affordable price. progress with energy policy in this wind farm there—it has already re- The World Energy Council estimates country is your amendment. ceived permission from the DOE to be that global investment in renewable I really do believe we need to do more built—will provide 260 megawatts to technologies over the next 10 years will with wind, Sun, geothermal, and bio- meet the needs of 260,000 Nevadans. The total up to $400 billion. With a renew- mass. So I commend and certainly ap- energy cost for this wind farm will be able portfolio standard in place, Amer- plaud my friend from Vermont for his 3 cents to 4.5 cents per kilowatt hour ican companies will be ready to lead work in this area. with the benefit of production tax cred- the way in the 21st century by tapping As I indicated, there is no question its. There are concerns about migra- the Nation’s vast potential of clean re- that the amendment of Senator JEF- tory birds, but basically that is the newable energy. Congress should pass FORDS, which I understand will call, in only environmental impact—some energy legislation with a vision that 2020, for a 20-percent renewable port- birds may hit the windmills. We will looks to the future and assures the Na- folio standard—starting at 5 percent in work on that, but that is the only envi- tion of continued prosperity and a 2005. A 20-percent goal is achievable. ronmental impact. There are no ad- cleaner environment. I am proud that Nevada has adopted verse health impacts to humans. This Congress, this Senate, must the most aggressive renewable port- Taking health and environmental ef- commit ourselves to renewable energy folio standard in the Nation, requiring fects into account, wind still costs, as for the security of the United States, that 5 percent of the State’s electricity I have indicated, about 3 cents per kilo- for the protection of our environment, needs be met by renewable energy re- watt hour. Compare that to coal. and for the health and welfare of our sources in 2003—that is next year—and About half the electricity in the people. then climbing to 15 percent by the year United States is generated by coal. It The PRESIDING OFFICER. The Sen- 2013. is going to be that way for a while. But ator from Oregon. If Nevada can meet its renewable en- in Nevada, it is an even higher percent- AMENDMENT NO. 3014 TO AMENDMENT NO. 2917 ergy goal of 15 percent by 2013, then the age. That is why development of clean Mr. WYDEN. Mr. President, I send an Nation certainly should be able to coal technology is vital. I supported amendment to the desk and ask for its meet its goal, 20 percent, in the Jef- Senator BYRD in all his efforts for immediate consideration. fords amendment. clean coal technology. We have a The PRESIDING OFFICER. Without To meet the goals of 2013, Nevada northern Nevada clean coal plant. En- objection, the clerk will report. will develop 400 megawatts of wind, 400 ergy costs for new coal plants are The legislative clerk read as follows: megawatts of geothermal, and will do about the same as wind. But coal mine The Senator from Oregon [Mr. WYDEN], for other things such as solar and biomass dust killed 2,000 U.S. miners a year. himself and Mrs. FEINSTEIN, proposes an facilities. But it can be done. If it can Since 1973, the Federal black lung dis- amendment numbered 3014. be done in Nevada, it certainly can be ease benefits program has cost $35 bil- Mr. WYDEN. I ask unanimous con- done in the rest of our Nation. Four- lion. Coal emissions cause pollution sent the reading of the amendment be teen States have already adopted a re- and adverse health effects. Taking dispensed with. newable portfolio standard. Why? Be- health and environmental effects into The PRESIDING OFFICER. Without cause they believe it works. We need a account, using coal actually costs us, objection, it is so ordered. renewable portfolio standard, national some say, up to 8.3 cents per kilowatt The amendment is as follows: standard, to ensure the energy security hour. of this Nation and diversify our energy (Purpose: To establish within the Depart- So a national renewable energy port- ment of Justice the Office of Consumer Ad- supply; to reduce the price volatility in folio standard by 2020 will not only pro- vocacy) energy markets; to set clear, reachable tect the environment and the health of On page 57, between lines 17 and 18, insert goals for the growth of renewable en- our citizens, it would create nearly $80 the following: ergy resources; to establish a system of billion in new capital investments, and SEC. 253. OFFICE OF CONSUMER ADVOCACY. tradable credits that allow a utility $5 billion a year in property tax reve- (a) DEFINITIONS.—In this section: flexibility to meet these goals and re- nues to communities. (1) COMMISSION.—The term ‘‘Commission’’ duce the cost of renewable energy tech- Renewable technologies are highly means the Federal Energy Regulatory Com- nologies to create a national market. capital intensive. As a result, we typi- mission. I was listening to public radio one cally pay much more in income taxes (2) ENERGY CUSTOMER.—The term ‘‘energy morning last week. I was stunned to per megawatt produced than conven- customer’’ means a residential customer or a hear a report of an article in the Jour- tional fossil fuel plants. A recent anal- small commercial customer that receives nal of the American Medical Associa- products or services from a public utility or ysis by the National Renewable Energy natural gas company under the jurisdiction tion that linked, clearly, lung cancer Laboratory points out that Federal of the Commission. to soot particles from powerplants and royalties and income taxes generated (3) NATURAL GAS COMPANY.—The term ‘‘nat- motor vehicles. This study was exhaus- by geothermal plants are 3 to 4 times ural gas company’’ has the meaning given tive—500,000 people in 16 American cit- that of electricity produced from new the term in section 2 of the Natural Gas Act ies whose lives and health have been natural gas combined-cycle power- (15 U.S.C. 717a), as modified by section 601(a) tracked since 1982, for 20 years. Experts plants. of the Natural Gas Policy Act of 1978 (15 gave the study high marks. So replacing conventional power- U.S.C. 3431(a)). The conclusions are obvious. We need plants with renewable powerplants (4) OFFICE.—The term ‘‘Office’’ means the Office of Consumer Advocacy established by to improve the quality of our air for mean more tax revenue to the Treas- subsection (b)(1). the health and well-being of the Amer- ury, even with the production tax cred- (5) PUBLIC UTILITY.—The term ‘‘public util- ican people. it in place. ity’’ has the meaning given the term in sec- These adverse health effects cost us In places such as Nevada, expanding tion 201(e) of the Federal Power Act (16 billions in medical care, and their cost renewable energy production will pro- U.S.C. 824(e)). in human suffering cannot be meas- vide jobs in rural areas, areas that (6) SMALL COMMERCIAL CUSTOMER.—The ured. have been largely left out of America’s term ‘‘small commercial customer’’ means a My good friend, Senator JEFFORDS, recent economic growth. commercial customer that has a peak de- knows better than anyone that Amer- I say to my friend from Vermont, I mand of not more than 1,000 kilowatts per hour. ica needs to build its energy future on appreciate the information in your leg- (b) OFFICE.— an environmental foundation that islation that says rural electrics will (1) ESTABLISHMENT.—There is established doesn’t compromise air and water qual- not be bound by this. So people do not within the Department of Justice the Office ity. have to worry about these local areas of Consumer Advocacy. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1893 (2) DIRECTOR.—The Office shall be headed through the legislative process, and we I ask unanimous consent that a set of by a Director to be appointed by the Presi- will create a Federal advocate for the letters endorsing this amendment be dent, by and with the advice and consent of energy consumer. That advocate at the printed in the RECORD. the Senate. Department of Justice will have the There being no objection, the letters (3) DUTIES.—The Office may represent the authority to address the interstate were ordered to be printed in the interests of energy customers on matters concerning rates or service of public utilities trading of wholesale power and to spot- RECORD, as follows: and natural gas companies under the juris- light unfair wholesale price hikes be- WASHINGTON DC, diction of the Commission— fore they get to the State-regulated February 28, 2002. (A) at hearings of the Commission; utilities and their retail ratepayers. DEAR SENATOR: As the Senate begins con- (B) in judicial proceedings in the courts of My view is that consumer advocates sideration of S. 517, the comprehensive en- the United States; and provide an independent watchdog over ergy bill, we urge you to support several (C) at hearings or proceedings of other Fed- a variety of important issues that amendments that would protect consumers, eral regulatory agencies and commissions. especially as electricity markets continue to come before the Federal Energy Regu- be deregulated. Mr. WYDEN. Mr. President, I com- latory Commission and a number of First, Senator Wyden will likely be intro- mend the Senator from Nevada for the agencies that affect energy policy and ducing an amendment to create an Office of excellent statement on the importance the American consumer. Consumer Advocacy to handle energy issues of renewable energy. He and Senator Power, of course, used to be produced within the Department of Justice (DOJ). JEFFORDS have really made the case. and sold by State-regulated utilities. This new office will represent the interests I want it understood that I very Those advocates were able to watchdog of consumers within the Federal Energy Reg- ulatory Commission (FERC), before the much share Senator REID’s views with the entire process. But today, with State advocates being forced to courts and in front of Congress. Having an respect to renewable energy. He and independent energy ombudsman within DOJ Senator JEFFORDS have really been our rubberstamp a lot of these electric rate will provide important protections for con- leaders. increases caused by spikes in interstate sumers as FERC continues to deregulate the This amendment has been cleared on wholesale prices, consumers are more electricity market. Nothing demonstrates both sides of the aisle. vulnerable than ever before. The pur- the need for this office more than the price As I begin my remarks, I would espe- pose of this amendment is to close the spikes and blackouts in the western elec- cially like to express my appreciation gap which is leaving consumers unpro- tricity market in 2000–2001. Moreover, the of- fice will serve to protect consumers as FERC to Senators BINGAMAN, MURKOWSKI, tected from wholesale wheeling and performs its general day-to-day energy sec- LEAHY, and HATCH. All of them have dealing. When prices spike in the wholesale tor oversight functions, which will become been very gracious in terms of working ever more crucial as the growing Enron scan- with me on this issue. energy market, the fact is that our dal unfolds and efforts are made to provide This amendment would establish States and public utility commissions greater oversight of energy trading markets. within the Department of Justice the really do not have the authority to With regard to the energy trading mar- Office of Consumer Advocacy. This is challenge these rate increases due to kets, Senator Feinstein is planning to ad- especially important right now because increased wholesale prices. But the dress regulatory shortcomings made evident Federal consumer advocate could ask by Enron’s collapse through an amendment our Nation’s electric power system is that would provide for regulatory oversight undergoing dramatic changes. New for protection of consumer interests. If the increases weren’t just and reason- by the Commodity Futures Trading Commis- sources of power are produced by sion (CFTC) of derivative transactions on en- State-regulated utility companies. Un- able, the advocates could represent the ergy commodities. This would ensure that regulated power marketers are pro- consumer in a complaint before the energy traders cannot operate without ap- viding an increasing share of new Federal Energy Regulatory Commis- propriate federal oversight that makes mar- power generation in this country. sion, challenging those prices. ket transactions transparent. Given that it Some may say as they consider this At the State level, many States—in was the CFTC that initially allowed these issue that there really isn’t a need for types of transactions to escape scrutiny, it is fact, the majority of the States—have a Federal advocate, that utilities and important that Congress be explicitly clear put in place consumer advocates whose other buyers of energy can bring cases in this legislation regarding what it expects job it is to stand up for the energy on their own at the Federal Energy of the CFTC in closing this loophole. In addi- ratepayer. The fact is that across this Regulatory Commission if someone is tion, we believe that it would be appropriate country, in the last year, America’s en- for FERC to have a greater role in this area manipulating the market. But that ap- ergy consumers—particularly senior as its primary concern should be the sta- proach won’t work when the buyer of citizens and small businesses—have bility of the nation’s energy markets, while energy is the utility owned by an en- many millions of dollars taken from the CFTC is set up to protect investors. ergy marketer. The utility isn’t going To further address the market problems their pockets. The fact is that the Fed- to bring a case at the Federal Energy that have become clear in the wake of the eral Government really is not in a posi- Regulatory Commission against its western electricity crisis, Senator Cantwell tion to deal with many of the rate parent company. is planing to offer an amendment that would hikes, nor are the State governments, In cases where a utility engages in direct FERC to define precisely what a com- because much of this activity relates transactions with the parent company, petitive market is and establish rules for to energy trading and energy activity when market-based rates will be permitted. the consumer advocate can independ- In addition, the amendment would put in that is interstate in nature. ently investigate to make sure the We have the States across the coun- place market monitoring procedures so that utility ratepayers are not harmed by FERC can better detect problems, before try trying to stand up for the rate- deals which enrich the parent company they lead to a complete breakdown in the payer. Many of the legislatures have at the expense of the utility and its market, and give FERC more authority to created these consumer advocates that ratepayers. take action to protect consumers when the monitor energy prices to make sure the A number of organizations support market is failing. This change is necessary State-regulated utilities are charging this legislation. I want to take a to ensure that electricity suppliers do not fair rates. But when power is being minute to particularly commend the continue to manipulate the market to the traded like pork bellies and so much of detriment of consumers, as was seen in the American Association of Retired Per- western market in 2000–2001. the energy business has moved inter- sons. I have worked with them on these S. 517 would simply repeal the Public Util- state, the State advocates have no way issues, going back to my days when I ity Holding Company Act (PUHCA) in its en- to investigate or address the wholesale was codirector of the Oregon Gray Pan- tirety, including consumer protections that power prices that eventually raise re- thers and ran a voluntary legal aid pro- have been in place for decades. Now, more tail consumer rates and that are gram for the elderly. They have pulled than ever, it is clear that these protections spawned by interstate activity. together a grassroots juggernaut on be- are absolutely necessary. We believe that What I am proposing in this legisla- half of this effort involving the public regulators could have used their authority tion—which is a part of what my col- under PUHCA to prevent some of the abuses interest—research organizations, State that have come to light in the Enron deba- leagues, Senators BINGAMAN, MUR- associations of advocates for rate- cle. If there are going to be amendments to KOWSKI, HATCH, and LEAHY, have al- payers, and the ones that I think do a PUHCA to make it more relevant to today’s ready made clear—is that we will con- very good job given the limited tools situation, then Congress must take affirma- tinue to refine this bill as we go they have today. tive steps to ensure that PUHCA’s consumer S1894 CONGRESSIONAL RECORD — SENATE March 14, 2002 protection provisions remain in force, and Utility Consumer Advocates strong support I urge all colleagues to support the where necessary are strengthened. For exam- for an amendment we expect to be offered by amendment. ple, Senator Wyden will likely offer an Senator Wyden establishing an Office of Con- I yield the floor. amendment, which we support, to require sumer Advocacy in the Department of Jus- The PRESIDING OFFICER. Is there that transactions between utilities and their tice. Restructuring experiences in the states further debate on the amendment? If affiliates be transparent, and to shield con- not, the question is on agreeing to the sumers from the costs and risks of interaffil- have consistently shown that the road to iate transactions. The amendment would competition is a rocky one. In many in- amendment. provide for: Streamlined FERC review of stances, consumers have faced higher prices The amendment (No. 3014) was agreed utility diversification efforts to ensure that and limited, if any, choices. State consumer to. there is appropriate regulatory oversight so advocate offices have worked diligently to Mr. BINGAMAN. Mr. President, I that consumers are not the victims of abu- protect consumers during this difficult tran- suggest the absence of a quorum. sive affiliate transactions; and structural sition. The PRESIDING OFFICER. The limits on affiliate transactions to protect However, they have found their limited re- clerk will call the roll. not only consumers, but unaffiliated com- sources (half of our members’ budgets are $1 The legislative clerk proceeded to petitors as well. million or less with less than 10 employees) call the roll. Finally, Senators Dayton and Conrad are stretched to the limit, particularly as whole- Mr. DURBIN. Mr. President, I ask sale prices set by FERC in Washington in- planning to offer an amendment that would unanimous consent the order for the ensure that mergers in the energy sector creasingly determine what consumers ulti- ‘‘promote the public interest,’’ based on ob- mately pay back home. Most consumer advo- quorum call be rescinded. jective criteria that would be evaluated by cate offices simply do not have the resources The PRESIDING OFFICER. Without FERC. Under current law, all that is nec- to fight in both venues. objection, it is so ordered. essary for merger approval is a determina- An Office of Consumer Advocacy would Mr. DURBIN. Mr. President, I am tion that the merger is ‘‘consistent with the give residential consumers much needed rep- going to address, in a few moments, the public interest.’’ Given the wave of mergers resentation in Washington and a fighting pending issue involving the energy bill, sweeping through the electric industry, and chance to benefit from legislation passed by particularly when it comes to the re- the collapse of meaningful competition in Congress. We urge you to support this crit- ical amendment. newable portfolio standard for energy. California and other states, we believe that a Before I do that, though, I ask the in- more protective standard than the current Thank you for your leadership to enact one is necessary to adequately protect con- comprehensive energy legislation. dulgence of the Senate for a few mo- sumers from abuse. FERC must hold the pub- Sincerely, ments to address an unrelated issue lic interest paramount in evaluating any po- CHARLES A. ACQUARD, which I think is of critical importance tential energy company mergers. The Day- Executive Director. to our Nation. ton/Conrad amendment would: Establish cri- Mr. WYDEN. Mr. President, as I indi- (The remarks of Mr. DURBIN are teria for FERC to consider in order to deter- cated earlier, my colleagues—particu- printed in today’s RECORD under mine that a merger would ‘‘promote the pub- larly Senators BINGAMAN, MURKOWSKI, ‘‘Morning Business.’’) lic interest,’’ including efficiency gains, im- LEAHY, and HATCH—have been very gra- The PRESIDING OFFICER. The Sen- pact on competition, and its ability to effec- tively regulate the industry; clarify that cious in working with me on this posi- ator from Illinois. these provisions would apply to all potential tion. We are going to continue to work Mr. DURBIN. Mr. President, I rise to financial arrangements (not just stock ac- with them as this legislation is consid- speak to the pending matter being de- quisitions) which could lead to exertion of ered in the Senate and when this bill bated concerning the renewable port- control over the entity, including partner- gets to conference. folio standard. ships; and clarify that FERC review applies As we go forward with this today, I The PRESIDING OFFICER. The Sen- to all electric and gas combinations. hope we will ensure that there is a ator from New Mexico. We would also like to reiterate our organi- strong Federal presence to advocate for Mr. BINGAMAN. Mr. President, if I zations’ support for Senator Jeffords’ efforts may propound a unanimous consent re- to include a national renewable portfolio the consumer. I think these advocates standard in the legislation, which would help at the State level do a good job given quest before my colleague from Illinois diversify our energy mix and avoid future en- their limited resources. continues with his comments, I ask ergy shortages and price spikes. We also sup- Given the fact that so much of the unanimous consent, since we have a port the Kerry/Hollings provision in the leg- energy business has moved interstate, vote at 2 o’clock on the Thomas islation to raise the national corporate aver- and those interstate transactions can amendment, that at 1:50 we reserve 10 age fuel economy (CAFE) standards, which minutes equally divided between Sen- will likewise help to provide energy security result in higher bills to small busi- ator THOMAS and myself where he can and protect the environment. In addition, we nesses in Georgia, Oregon, and across urge you to oppose efforts that will damage this country for senior citizens and explain his amendment, and I can ex- a pristine Alaskan ecosystem, supposedly in others of modest means, I think we plain the arguments against it. the name of energy security—the supply is need to now have a Federal advocate. The PRESIDING OFFICER. Without too limited, the environment too fragile, and I am pleased we have been able to as- objection, it is so ordered. the costs too high. semble a bipartisan group that is going The Senator from Illinois. Thank you for considering the needs and to help pass this today and continue to Mr. DURBIN. Mr. President, I will concerns of consumers while moving forward work to refine it as it is considered try to make my presentation briefer so with this legislation. Please do not hesitate they have more time if needed. I thank to contact us if you have any questions or through the evolution of this legisla- need any information regarding how this tion in the Senate and in conference. the Senator from New Mexico for his comprehensive energy package will affect I ask the Senate to approve the leadership on this issue. consumers. amendment at this time. This is supposed to be an energy bill Sincerely, I yield the floor. which is going to give America more ADAM J. GOLDBERG, The PRESIDING OFFICER. Is there energy security, make us more inde- Policy Analyst, Con- further debate on the amendment? pendent of foreign oil sources, clean up sumers Union. Mr. BINGAMAN. Mr. President, this our environment, and provide for the MARK N. COOPER, is a good amendment. I congratulate energy needs of the growing American Director of Research, the Senator from Oregon for his leader- economy in the 21st century. That is a Consumer Federa- tion of America. ship in bringing this amendment to the tall order for any single piece of legis- ANNA AURELIO, Senate and for us to consider it as part lation. Legislative Director, of this bill. It has been cleared on both What happened on the floor of the U.S. PIRG. sides. I am authorized by the Repub- Senate yesterday calls into question lican manager as well to indicate that. whether or not we are facing this chal- NATIONAL ASSOCIATION OF There is a lot already in the bill that lenge responsibly. If we cannot pass a STATE UTILITY CONSUMER ADVOCATES, protects consumers. Obviously, a main fuel economy standard, a fuel effi- Silver Spring, MD, March 5, 2002. theme of this bill is to empower and ciency standard for cars and trucks in Hon. JEFF BINGAMAN, protect consumers. This will add to America, then we have given a great Chairman, Committee on Energy and Natural victory not only to the special inter- Resources, U.S. Senate, Dirksen Senate Of- that and further strengthen the bill. fice Building, Washington, DC. We very much appreciate the co- ests who are fighting it but a great vic- DEAR CHAIRMAN BINGAMAN: I am writing to operation of the other side in having tory to OPEC. Yesterday was a wonder- express the National Association of State this amendment added. ful day of victory for OPEC and all of March 14, 2002 CONGRESSIONAL RECORD — SENATE S1895 the foreign oil producers who have amendment. He says America should many are already near 20 percent in America hooked on foreign sources of move to the point where in the year their electricity production just from oil. 2020, about 18 years from now, 20 per- wind turbines alone. The European We came to the Senate floor and, by cent of our electricity is generated Union has a goal of reaching 22-percent a vote of 67 to 32, better than a 2-to-1 from renewable sources. Today it is renewable energy in electricity by the margin, we rejected the notion that we about 4 percent. The underlying bill year 2010. The State of Nevada has a 15- would establish new fuel efficiency sets a goal of about 10 percent. percent RPS by 2013. Connecticut and standards for cars and trucks in Amer- Why is this important? Because as we Massachusetts are looking for similar ica. We haven’t had such a standard find other sources for electricity, we goals. The State of California is cur- since 1985. So for 17 years, no progress lessen our dependence on foreign rently at 12 or 13 percent in their re- has been made. And by its decision, 67 sources, and we also have a cleaner en- newable portfolio. The city of Chicago, to 32 yesterday, this Senate said: And vironment. We create a new industry under the leadership of Mayor Daley, we are not interested in changing it in to promote and produce this tech- has said they will move toward more the future. nology which is going to make us less wind power as a source of electricity. The Senate gave authority to and less dependent on our current In individual settings around the NHTSA, the National Highway Trans- sources for the generation of elec- country and around the world, leaders portation Safety Administration, to tricity. Those sources would obviously are stepping up and saying: We accept take a look at it, consider it, view it, be, in most instances, coal; in some in- the challenge. We believe we can do wrestle with it, to get back to us when stances it would be gas, natural gas; this. Whether we are going to use wind they want to. That is totally unaccept- oil; or it could be nuclear. power, solar energy, geothermal or bio- able. It is an abdication of our respon- I come from a State that produces mass, there are ways to do it that can sibility to future generations. It is a coal. I would like to see us return to be attained and attained successfully. decision which will come back to haunt the day when coal becomes an environ- There will be critics who will come to us as we continue to be dependent on mentally responsible alternative to the floor and say this is an idea that is foreign energy sources. other sources of energy. I have voted, also flawed, much like fuel efficiency This is going to drag us into political for 20 years, and I will continue to do in vehicles. They will toss out this op- tight fixes and situations around the so, for research to find ways to use that portunity for us to look ahead with vi- world where American lives will be at coal in an environmentally sensible sion and determination to become a na- stake because the Senate does not have way so that we can promote energy tion that is more energy secure, more the courage to stand up and say to the sources in the United States not at the energy independent, and using sources American people: we need to give real expense of America’s public health. We of energy that are more environ- leadership; to say to the Big Three in need to do that. mentally acceptable. Detroit: you can do a better job, you At the same time, we need to look to I say to my colleagues: I hope we can make better cars and trucks, and other sources that are benign, sources don’t gut this provision when it comes we challenge you to do it over a period that can produce electricity without to the renewable portfolio. Senator damaging the environment in any way. of time; and to say to the American JEFFORDS has a valuable suggestion. I people: yes, you may not be able to buy One of those that is clearly obvious is hope it is offered and that it passes. the fattest, biggest SUV that can come wind power. This is a new concept for a Please, let’s not go any further down out of your dream sequence, but we be- lot of people. They have not seen the the chain lower than the 10 percent lieve you can have a vehicle that is wind generating stations across the that is being called for by the under- safe and fuel efficient for you and your United States, but they are popping up lying bill. If this is truly going to be an family and your business. all over the place. Senator GRASSLEY energy bill to meet our Nation’s energy We were unwilling to do that yester- from Iowa is in the Chamber. The State needs, we have to address the real day—too much to ask of the American of Iowa is seeing more and more of the issues of fuel efficiency, of conserving people to consider that possibility. I wind-generated turbines that are, energy in this country, and of finding looked at some of the comments that frankly, generating electricity for alternative sources that are environ- were written and said on the floor yes- small and large uses. That makes a lot mentally acceptable. of sense, and it is part of the renewable terday suggesting that the American At this point, I yield the floor and portfolio. people are just too self-centered to be suggest the absence of a quorum. prepared to make any sacrifices for the It is important for us to keep an eye The PRESIDING OFFICER. The good of this country. How could any- on these elements that can give us en- clerk will call the roll. body start with that premise after ergy independence and a cleaner envi- The legislative clerk proceeded to what we have seen since September 11? ronment. This country is prepared to roll up Wind power is used for electricity. It call the roll. its sleeves and fight the war on ter- lights our homes, our office buildings, Mr. BINGAMAN. Mr. President, I ask rorism. This country is prepared to and powers our industries. It is very unanimous consent that the order for sacrifice if necessary to make us more misleading for people to say we don’t the quorum call be rescinded. secure. The families and businesses need to worry about wind power; we are The PRESIDING OFFICER. Without across this country are waiting for going to go and drill for oil and gas in objection, it is so ordered. leadership from this Congress to make the Arctic; we are going to go to the Mr. BINGAMAN. Mr. President, this a better, safer, and stronger Na- ANWR area, the National Wildlife Ref- under the unanimous consent agree- tion. uge. That seems to be the only answer ment entered into, we reserved 10 min- Yesterday, colleagues in opposition from the other side of the aisle when utes—5 for myself, 5 for Senator THOM- to fuel efficiency said: We wouldn’t you talk about America’s future en- AS—and I think the protocol is that dare ask Americans to consider making ergy needs. I think that is a false since Senator THOMAS has the amend- that kind of sacrifice. choice and a bad choice. There are ment, he would want his 5 minutes I am sorry. We missed a golden op- many other concepts of conservation last. I will go ahead with my statement portunity. I am afraid today we are and fuel efficiency and making certain at this point and urge people not to about to do the same thing. It is bad that we have alternative fuels that are support the Thomas amendment. enough that we can’t have fuel effi- going to be encouraged. Let me, once again, make the large ciency standards. Now we are talking Can this be done? Can we really move points that need to be made. I will put about what is known as a renewable to a 20-percent standard by the year up the map of the country again. These portfolio which means looking at alter- 2020? We would have to work hard at it. are the electricity regions that are all native forms of energy that do not We would have to have leadership in over the country. This largest one, by threaten the environment and give us Washington. Take a look at some of far, of course, is in the western part of energy independence. the other countries around the world the country and contains 14 States. I applaud Senator JEFFORDS of that have said they are going to do the The amendment before us, which Sen- Vermont. I was happy to cosponsor his same thing. Denmark, Spain, and Ger- ator THOMAS offered, is an amendment S1896 CONGRESSIONAL RECORD — SENATE March 14, 2002 that the Western Governors’ Associa- Why were you not doing your job? They amendment addresses these concerns. tion has put together, which, as I see will say: We were doing our job. Under It converts the existing NERC vol- it, does several things. the statute you passed, you told us to untary reliability system into a man- First, it dramatically complicates presume these people knew what they datory reliability system. the process by which we try to ensure were doing. It was a rebuttable pre- The new reliability organization will that the system for transmitting power sumption. We took you at your word. It have enforcement powers with real around this country is reliable. Let me turns out they didn’t know what they teeth to ensure reliability. The amend- put up another chart that tries to were doing. ment provides mandatory reliability make that point. I will not go through I think the proposal we have in the rules that will apply to all uses of the every detail of it. I will try to make underlying bill is far preferable, much transmission grid. No loopholes, no- the point that if a complaint is filed simpler. It puts accountability right at body is exempted. It is the kind of and it is indicated that some utility is FERC and gives FERC flexibility to thing, certainly, that most of us be- not abiding by the standards that need continue to defer to the industry orga- lieve is the direction we ought to take to be abided by in order to ensure the nization, continue to defer to regional in government; that is, to empower reliability of the system, and it is not organizations, as they determine ap- local people who are experts in what doing what is required, then under Sen- propriate. I urge people to oppose the they are doing. ator THOMAS’S amendment you have a Thomas amendment on those grounds. FERC has been working for a very very complex procedure that could, in The PRESIDING OFFICER. The Sen- long time. When we look at the Cali- fact, take place, where the electric re- ator from Wyoming is recognized. fornia situation of last summer, we see liability organization that is called for Mr. THOMAS. Mr. President, we have that reliability was the issue that was in his amendment decides it wants to gone over this pretty thoroughly. We least important. Reliability was there. take action, and before it can, it is re- have pretty much explained the direc- So we ought to use that experience quired to give notice, have a hearing. If tion we are taking. rather than trying to build a new bu- it decides to take action, all it is per- I might say this to the Senator from reaucracy in FERC which doesn’t have mitted to do is impose a penalty. It New Mexico regarding his last com- the authority or the capability of doing cannot compel compliance or issue an ment that FERC would have the au- these kinds of things. order compelling compliance, as FERC thority to make these decisions. Now I urge that you vote for this amend- can. we have local input and different kinds ment. This electric reliability organization of things, but FERC has the authority. If I might, I ask unanimous consent is also required to approve regional en- To make the suggestion that FERC that Senator SHELBY be added as a co- tities and delegate enforcement au- would somehow say we could not do it sponsor to the amendment. thority to them; and there are pre- simply is not accurate. The PRESIDING OFFICER. Without sumptions written into this that say, So we are trying to ensure trans- objection, it is so ordered. mission grids and delivery of elec- The Senator from Idaho. just in the western part of the country, Mr. CRAIG. I strongly support what tricity that will be safe and reliable. just in this area here in the pink, there the Senator from Wyoming has Consumers need that. The lights will are rebuttable presumptions that any- brought to the floor. As we have moved thing they do is right—that FERC has go on, and they must stay on. The amendment I am offering estab- to restructure the electrical systems of one set of standards that apply to the our country, the Senator from New rest of the country, but in this area lishes a nationwide organization that has the authority to establish and en- Mexico sweepingly turns it into a Fed- there are rebuttable presumptions that eral single authority without the kind what is done is accurate. force reliability standards. The new re- liability organization would be run by of flexibility we have sought. In my view, this complicates mat- The Senator from Wyoming is abso- participants and be overseen by FERC. ters. It is an inconsistent set of rules. lutely correct. What we have had has The idea that somehow there is no au- It is not an appropriate set of national stood the test of time. Western Gov- thority here is simply not true. The re- rules. It is not fair, quite frankly, to ernors believe in that. If you want to liability organization would be made the rest of the country. I come from a take the authority away from the up of representatives of everybody af- State that is in this area, so perhaps I States and put it with the bureaucracy fected—residential, commercial, indus- should be on the other side of this in Washington, DC, then you would op- trial, State, independent power pro- issue. But this is not good national pol- pose the Senator from Wyoming. I be- ducers, electric utilities, and others, as icy. In my view, it is not fair to a lot lieve that is exactly the opposite direc- opposed to only FERC. of the other States. We have letters I tion in which we are heading. There- have put into the RECORD already to in- There is no question but that we need a new system. The question is—we can fore, I hope my colleagues will support dicate that various of the regional the amendment dealing with the reli- transmission organizations are upset do it in different ways—how will we do it? It gives all the responsibility to ability issue of this important title. about this inconsistent treatment. The PRESIDING OFFICER. The Sen- FERC and sets the standards. We agree Quite frankly, the complexity of this ator from New Mexico. amendment undercuts any meaningful that we need protection. It is not Mr. BINGAMAN. Mr. President, I accountability in the system. We have whether we need it, but it is how we make a point of order that the pending been trying to ensure that someone can get it. I think the Daschle bill takes amendment violates section 302(f) of be held accountable when the lights go the wrong approach; hence our amend- the Congressional Budget Act of 1974. out, when the electricity quits flowing. ment. We know there are great dif- The PRESIDING OFFICER. The Sen- You have to know whom to call to say ferences in geography, market designs, ator from Wyoming. they have fallen down on the job: it and economics over the different parts Mr. THOMAS. Mr. President, I move was your responsibility to do this, and of the country. So we want to have to waive the pertinent section of the you have fallen down on the job. those people in those areas having Budget Act, and I ask for the yeas and Under this amendment, it is going to input into how to resolve it in that nays. be really tough to tell whom you ought particular area. FERC is not nec- I also have to add, we did not even to call because the electric reliability essarily sensitive to those particular know about this until 10 minutes ago. organization might be the right one, or changes and differences that are there. We have not even had time to look at the regional entity might be, or FERC So we believe very strongly we need to what they are talking about. The might have some authority. Quite do that. Budget Committee is not able to tell frankly, we can see the time down the There is a very important question to us. I guess if my colleagues want to road when we can wind up with a hear- the Northwest, particularly, and that play this game, we can do it on the ing in the Energy Committee, the is standards applicable for trans- whole bill. lights will have gone out somewhere in mission from Mexico and Canada. The The PRESIDING OFFICER. Is there a the country, power will have failed, Canadian import of power is particu- sufficient second? and we will call in the FERC Commis- larly important, of course, and we There appears to be a sufficient sec- sioners and say: What is the problem? don’t want to let that happen. So this ond. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1897 The question is on agreeing to the order, from what I have been informed Mr. BINGAMAN. I ask unanimous motion. The clerk will call the roll. in my conversations with the Parlia- consent the reading of the amendment The legislative clerk called the roll. mentarian. be dispensed with. The PRESIDING OFFICER (Mrs. So that means we would just go The PRESIDING OFFICER. Without CARNAHAN). Are there any other Sen- through two votes because somebody objection, it is so ordered. ators in the Chamber desiring to vote? thought making a point of order on the The amendment is as follows: The yeas and nays resulted—yeas 60, Budget Act would have gotten rid of (Purpose: To clarify the provisions relating nays 40, as follows: that amendment. It would not have. to the Renewable Portfolio Standard) [Rollcall Vote No. 49 Leg.] Had that vote been 59 instead of 60, we On page 67, strike line 6 and all that fol- YEAS—60 would fix the amendment, re-offer it, lows through page 76, line 11, and insert the following: Allard Enzi McConnell and do what I just said by way of alter- Allen Feinstein Miller ing it. Title VI of the Public Utility Regulatory Baucus Frist Murkowski That could have all been understood Policies Act of 1978 is amended by adding at Bennett Gramm Murray between enlightened staffers and Sen- the end the following: Bond Grassley Nelson (NE) ators who would like to do that. I don’t ‘‘SEC. 606. FEDERAL RENEWABLE PORTFOLIO Boxer Gregg Nickles STANDARD. Brownback Hagel Roberts think the Senators were aware of it. I ‘‘(a) MINIMUM RENEWABLE GENERATION RE- Bunning Hatch Santorum just raise it because it shocked me that QUIREMENT.—For each calendar year begin- Burns Helms Sessions this very important amendment, which Campbell Hollings Shelby ning in calendar year 2005, each retail elec- Cantwell Hutchinson Smith (NH) I worked on and participated in, was tric supplier shall submit to the Secretary, Cochran Hutchison Smith (OR) subject to a point of order. I didn’t not later than April 1 of the following cal- Collins Inhofe Snowe know it or I would have advised them endar year, renewable energy credits in an Conrad Jeffords Stevens to fix it. amount equal to the required annual per- Craig Johnson Thomas centage specified in subsection (b). Crapo Kohl Thompson I yield the floor. EQUIRED NNUAL ERCENTAGE DeWine Kyl Thurmond I say to Senator BINGAMAN, no asper- ‘‘(b) R A P .— Domenici Lincoln Voinovich sions on you whatsoever on that. ‘‘(1) For calendar years 2005 through 2020, Dorgan Lott Warner Mr. BINGAMAN. Madam President, the required annual percentage of the retail Ensign McCain Wyden electric supplier’s base amount that shall be just to make clear for the information generated from renewable energy resources NAYS—40 of my colleague, I did advise the spon- shall be the percentage specified in the fol- Akaka Dodd Lugar sor of the amendment about a half lowing table: Bayh Durbin Mikulski hour before the vote that I had been in- Biden Edwards Nelson (FL) ‘‘Calendar Years Required annual Bingaman Feingold Reed formed that a Budget Act point of percentage Breaux Fitzgerald Reid order could be raised, and I would in- 2005 through 2006 ...... 1.0 Byrd Graham Rockefeller tend to raise it. I understand from him 2007 through 2008 ...... 2.2 Carnahan Harkin Sarbanes now that was not adequate time for 2009 through 2010 ...... 3.4 Carper Inouye Schumer him to get the advice he needed in this 2011 through 2012 ...... 4.6 Chafee Kennedy Specter 2013 through 2014 ...... 5.8 Cleland Kerry Stabenow connection. Perhaps we should have de- 2015 through 2016 ...... 7.0 Clinton Landrieu Torricelli layed the vote for a longer period. That Corzine Leahy Wellstone 2017 through 2018 ...... 8.5 Daschle Levin was not even considered by me or him. 2019 through 2020 ...... 10.0 Dayton Lieberman At this point, unless there are other ‘‘(2) Not later than January 1, 2015, the The PRESIDING OFFICER (Mrs. Members seeking recognition, I will Secretary may, by rule, establish required offer another amendment. annual percentages in amounts not less than CARNAHAN). On this vote the yeas are 60 The PRESIDING OFFICER. The Sen- 10.0 for calendar years 2020 through 2030. and the nays are 40. Three-fifths of the ator from Alaska. ‘‘(c) SUBMISSION OF CREDITS.—(1) A retail Senators duly chosen and sworn having Mr. MURKOWSKI. Madam President, electric supplier may satisfy the require- voted in the affirmative, the motion is I thank my colleague from New Mex- ments of subsection (a) through the submis- agreed to and the point of order fails. ico. I encourage Members to have our sion of renewable energy credits— ‘‘(A) issued to the retail electric supplier If there is no further debate, the staffs try to work a little more closely question is on agreeing to the amend- under subsection (d); so we can avoid duplication. ‘‘(B) obtained by purchase or exchange ment No. 3012 of the Senator from Wyo- Clearly, I personally had not been no- ming. under subsection (e); or tified, although I was off the floor. I ‘‘(C) borrowed under subsection (f). The amendment (No. 3012) was agreed was across the street with some of the ‘‘(2) A credit may be counted toward com- to. folks who were putting on a press con- pliance with subsection (a) only once. Mr. REID. I move to reconsider the ference. As a consequence, I had staff ‘‘(d) ISSUANCE OF CREDITS.—(1) The Sec- vote. going back and forth. retary shall establish, not later than one Mr. MURKOWSKI. I move to lay that Rather than belabor that point, I year after the date of enactment of this sec- motion on the table. think the recognition that clearly we tion, a program to issue, monitor the sale or The motion to lay on the table was exchange of, and track renewable energy had an alternative, as the senior Sen- credits. agreed to. ator from New Mexico indicated, under Mr. DOMENICI. Madam President, I ‘‘(2) Under the program, an entity that a budget provision, suggests that in the generates electric energy through the use of will comment for a couple of minutes future we could work a little more a renewable energy resource may apply to regarding what we went through in the closely to ensure we move along be- the Secretary for the issuance of renewable last 20 minutes. I note the presence of cause there may be other points of energy credits. The application shall the majority whip on the floor, for order on other amendments that will indicate— ‘‘(A) the type of renewable energy resource whom I have the greatest respect and be coming up. total trust in terms of fair treatment. used to produce the electricity, I encourage Senator BINGAMAN to ‘‘(B) the location where the electric energy Regarding the point of order raised proceed with his proposed amendment, on this amendment, which no one knew was produced, and and we will move on with this process. ‘‘(C) any other information the Secretary about until it was raised, from what I We look forward to participating. determines appropriate. can tell, on our side of the aisle—it AMENDMENT NO. 3016 TO AMENDMENT NO. 2917 ‘‘(3)(A) Except as provided in paragraphs would have been a good and fair thing Mr. BINGAMAN. Madam President, I (B), (C), and (D), the Secretary shall issue to had it been called to the attention of send an amendment to the desk and an entity one renewable energy credit for the proponent of the amendment. I as- ask for its immediate consideration. each kilowatt-hour of electric energy the en- sure Members, had the opponents of tity generates from the date of enactment of The PRESIDING OFFICER. The this section and in each subsequent calendar the amendment prevailed on the point clerk will report. of order, on this particular amend- year through the use of a renewable energy The assistant legislative clerk read resource at an eligible facility. ment, all one had to do was change it. as follows: ‘‘(B) For incremental hydropower the cred- Instead of directed spending, it would The Senator from New Mexico [Mr. BINGA- its shall be calculated based on the expected be subject to an appropriation and it MAN] proposes an amendment numbered 3016 increase in average annual generation re- would no longer be subject to a point of to amendment No. 2917. sulting from the efficiency improvements or S1898 CONGRESSIONAL RECORD — SENATE March 14, 2002 capacity additions. The number of credits flation the price charged per credit for such classified as an eligible facility, that is shall be calculated using the same water calendar year, based on the Gross Domestic owned or under contract to a retail electric flow information used to determine a his- Product Implicit Price Deflator. supplier on the date of enactment of this sec- toric average annual generation baseline for ‘‘(h) ENFORCEMENT.—The Secretary may tion. the hydroelectric facility and certified by bring an action in the appropriate United ‘‘(6) INCREMENTAL HYDROPOWER.—The term the Secretary or the Federal Energy Regu- States district court to impose a civil pen- ‘incremental hydropower’ means additional latory Commission. The calculation of the alty on a retail electric supplier that does generation that is achieved from increased credits for incremental hydropower shall not not comply with subsection (a), unless the efficiency or additions of capacity after the be based on any operational changes at the retail electric supplier was unable to comply date of enactment of this section at a hydro- hydroelectric facility not directly associated with subsection (a) for reasons outside of the electric dam that was placed in service be- with the efficiency improvements or capac- supplier’s reasonable control (including fore that date. ity additions. weather-related damage, mechanical failure, ‘‘(7) INDIAN LAND.—The term ‘Indian land’ ‘‘(C) The Secretary shall issue two renew- lack of transmission capacity or avail- means— able energy credits for each kilowatt-hour of ability, strikes, lockouts, actions of a gov- ‘‘(A) any land within the limits of any In- electric energy generated and supplied to the ernmental authority. A retail electric sup- dian reservation, pueblo or rancheria, grid in that calendar year through the use of plier who does not submit the required num- ‘‘(B) any land not within the limits of any a renewable energy resource at an eligible ber of renewable energy credits under sub- Indian reservation, pueblo or rancheria title facility located on Indian land. For purposes section (a) shall be subject to a civil penalty to which was on the date of enactment of of this paragraph, renewable energy gen- of not more than the greater of 3 cents or 200 this paragraph either held by the United erated by biomass cofired with other fuels is percent of the average market value of cred- States for the benefit of any Indian tribe or eligible for two credits only if the biomass its for the compliance period for each renew- individual or held by any Indian tribe or in- was grown on the land eligible under this able energy credit not submitted. dividual subject to restriction by the United paragraph. ‘‘(i) INFORMATION COLLECTION.—The Sec- States against alienation, ‘‘(C) any dependent Indian community, and ‘‘(D) For renewable energy resources pro- retary may collect the information nec- ‘‘(D) any land conveyed to any Alaska Na- duced from a generation offset, the Sec- essary to verify and audit— tive corporation under the Alaska Native retary shall issue two renewable energy cred- ‘‘(1) the annual electric energy generation Claims Settlement Act. its for each kilowatt-hour generated. and renewable energy generation of any enti- ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ ‘‘(E) To be eligible for a renewable energy ty applying for renewable energy credits means any Indian tribe, band, nation, or credit, the unit of electric energy generated under this section, other organized group or community, includ- through the use of a renewable energy re- ‘‘(2) the validity of renewable energy cred- ing any Alaska Native village or regional or source may be sold or may be used by the its submitted by a retail electric supplier to village corporation as defined in or estab- generator. If both a renewable energy re- the Secretary, and lished pursuant to the Alaska Native Claims source and a non-renewable energy resource ‘‘(3) the quantity of electricity sales of all Settlement Act (43 U.S.C. 1601 et seq.), which are used to generate the electric energy, the retail electric suppliers. is recognized as eligible for the special pro- Secretary shall issue credits based on the ‘‘(j) ENVIRONMENTAL SAVINGS CLAUSE.—In- grams and services provided by the United proportion of the renewable energy resource cremental hydropower shall be subject to all States to Indians because of their status as used. The Secretary shall identify renewable applicable environmental laws and licensing Indians. energy credits by type and date of genera- and regulatory requirements. ‘‘(9) RENEWABLE ENERGY.—The term ‘re- ‘‘(k) STATE SAVINGS CLAUSE.—This section tion. newable energy’ means electric energy gen- ‘‘(5) When a generator sells electric energy does not preclude a State from requiring ad- erated by a renewable energy resource. ditional renewable energy generation in that generated through the use of a renewable en- ‘‘(10) RENEWABLE ENERGY RESOURCE.—The ergy resource to a retail electric supplier State, or from specifying technology mix. term ‘renewable energy resource’ means ‘‘(l) DEFINITIONS.—For purposes of this under a contract subject to section 210 of solar, wind, ocean, or geothermal energy, section— this Act, the retail electric supplier is treat- biomass (including municipal solid waste), ‘‘(1) BIOMASS.— ed as the generator of the electric energy for landfill gas, a generation offset, or incre- ‘‘(A) Except with respect to material re- the purposes of this section for the duration mental hydropower. moved from National Forest System lands, of the contract. ‘‘(11) REPOWERING OF COFIRING ENFORCE- the term ‘biomass’ means any organic mate- ‘‘(6) The Secretary may issue credits for MENT.—The term ‘repowering or cofiring en- existing facility offsets to be applied against rial that is available on a renewable or re- forcement’ means the additional generation a retail electric suppliers own required an- curring basis, including dedicated energy from a modification that is placed in service nual percentage. The credits are not crops, trees grown for energy production, on or after the date of enactment of this sec- tradeable and may only be used in the cal- wood waste and wood residues, plants (in- tion to expand electricity production at a fa- endar year generation actually occurs. cluding aquatic plants, grasses, and agricul- cility used to generate electric energy from ‘‘(e) CREDIT TRADING.—A renewable energy tural crops), residues, fibers, animal wastes a renewable energy resource or to cofire bio- credit may be sold or exchanged by the enti- and other organic waste materials, and fats mass that was placed in service before the ty to whom issued or by any other entity and oil. date of enactment of this section. ‘‘(B) With respect to material removed who acquires the credit. A renewable energy ‘‘(12) RETAIL ELECTRIC SUPPLIER.—The term credit for any year that is not used to satisfy from National Forest System lands, the term ‘retail electric supplier’ means a person, that the minimum renewable generation require- ‘biomass’ means fuel and biomass accumula- sells electric energy to electric consumers ment of subsection (a) for that year may be tion from precommercial thinnings, slash, and sold not less than 1,000,000 megawatt- carried forward for use within the next four and brush. hours of electric energy to electric con- years. ‘‘(2) ELIGIBLE FACILITY.—The term ‘eligible sumers for purposes other than resale during ‘‘(f) CREDIT BORROWING.—At any time be- facility’ means— the preceding calendar year; except that ‘‘(A) a facility for the generation of elec- fore the end of calendar year 2005, a retail such term does not include the United tric energy from a renewable energy resource electric supplier that has reason to believe it States, a State or any political subdivision that is placed in service on or after the date will not have sufficient renewable energy of a state, or any agency, authority, or in- of enactment of this section; or credits to comply with subsection (a) may— strumentality of any one or more of the fore- ‘‘(1) submit a plan to the Secretary dem- ‘‘(B) a repowering or cofiring increment going, or a rural electric cooperative. that is placed in service on or after the date onstrating that the retail electric supplier ‘‘(13) RETAIL ELECTRIC SUPPLIER’S BASE of enactment of this section at a facility for will earn sufficient credits within the next 3 AMOUNT.—The term ‘retail electric supplier’s calendar years which, when taken into ac- the generation of electric energy from a re- base amount’ means the total amount of count, will enable the retail electric sup- newable energy resource that was placed in electric energy sold by the retail electric pliers to meet the requirements of sub- service before that date. supplier to electric customers during the section (a) for calendar year 2005 and the ‘‘(3) ELIGIBLE RENEWABLE ENERGY RE- most recent calendar year for which infor- subsequent calendar years involved; and SOURCE.—The term ‘renewable energy re- mation is available, excluding electric en- ‘‘(2) upon the approval of the plan by the source’ means solar, wind, ocean, or geo- ergy generated by— Secretary, apply credits that the plan dem- thermal energy, biomass (excluding solid ‘‘(A) an eligible renewable energy resource; onstrates will be earned within the next 3 waste and paper that is commonly recycled), ‘‘(B) municipal solid waste; or calendar years to meet the requirements of landfill gas, a generation offset, or incre- ‘‘(C) a hydroelectric facility. subsection (a) for each calendar year in- mental hydropower. ‘‘(m) SUNSET.—This section expires Decem- volved. ‘‘(4) GENERATION OFFSET.—The term ‘gen- ber 31, 2030.’’. ‘‘(g) CREDIT COST CAP.—The Secretary eration offset’ means reduced electricity Mr. BINGAMAN. Madam President, shall offer renewable energy credits for sale usage metered at a site where a customer this amendment I am offering is a sub- at the lesser of 3 cents per kilowatt-hour or consumes energy from a renewable energy 200 percent of the average market value of technology. stitute amendment for the provision credits for the applicable compliance period. ‘‘(5) EXISTING FACILITY OFFSET.—The term that is in the bill at the current time On January 1 of each year following calendar ‘existing facility offset’ means renewable en- related to renewable portfolio stand- year 2005, the Secretary shall adjust for in- ergy generated from an existing facility, not ards. I am offering it today to ensure March 14, 2002 CONGRESSIONAL RECORD — SENATE S1899 we establish a clear policy statement I think this would be a major step AMENDMENT NO. 3017 TO AMENDMENT NO. 3016 of our need as a nation to diversify our forward in ensuring that we do develop Mr. JEFFORDS. Madam President, I power generation sector. a diverse set of sources from which we send an amendment to the desk. This amendment establishes a renew- can generate power in this country. I The PRESIDING OFFICER. The able portfolio standard for the elec- commend to my colleagues the reports clerk will report. tricity sector. This is the corollary, as on the experience they have had in The assistant legislative clerk read I see it, to the renewable fuel standard Texas, in particular, since we have as follows: that we have heard so many laudatory modeled this proposal closely after The Senator from Vermont [Mr. JEFFORDS] statements about yesterday. This what was approved in Texas. proposes an amendment numbered 3017 to amendment No. 3016. amendment will ensure that all retail I think it is an excellent proposal. I sellers of electricity have a portion of hope very much at the conclusion of Mr. JEFFORDS. Madam President, I their generation—produce a portion of our deliberations on this renewable ask unanimous consent that reading of their generation from renewable re- portfolio issue, this amendment can be the amendment be dispensed with. The PRESIDING OFFICER. Without sources. adopted. The amendment is modeled after the I understand my colleague from objection, it is so ordered. (The amendment is printed in the very successful Texas program that Vermont is here and has a second-de- RECORD under ‘‘Amendments Sub- President Bush implemented when he gree amendment. was Governor of Texas. The basic out- mitted.’’) The PRESIDING OFFICER. The Sen- Mr. JEFFORDS. Madam President, I line is as follows. ator from Alaska. rise to offer an amendment which All retail sellers with annual sales Mr. MURKOWSKI. Madam President, would do more to encourage develop- greater than a million megawatt hours I ask for the yeas and nays on the will be required to contract for and se- ment of renewable energy in this coun- Bingaman amendment. try than any other provision in the leg- cure a certain amount of generation The PRESIDING OFFICER. Is there a islation currently before us. annually from eligible renewable re- sufficient second? There is a sufficient My amendment will gradually in- sources. Most co-ops and municipals second. crease the amount of electricity gen- The yeas and nays were ordered. would be exempt. erated by renewable energy in this Beginning January 2005, 2 years after Mr. MURKOWSKI. Madam President, country to 20 percent by 2020. the date of enactment, retail suppliers I believe Senator BINGAMAN and I can I am deeply convinced that it is not will be required to include a minimum just indicate amendments that we only possible to achieve this goal, it is of 1 percent of renewables in their elec- have. I will certainly defer to you on the best policy for this country, and for tricity sales. The percentage would in- Senator JEFFORDS. We have a couple of our energy future. crease annually by .6 percent until Collins amendments, I believe, on our For over 20 years I have pushed 2020. side, and a Kyl amendment that we clean, renewable energy in this Con- There are several adjustments to the know about at this time. gress. calculation based on existing renew- Mr. BINGAMAN. Madam President, In fact, 25 years ago when I came into ables. A retailer can subtract from its for the information of my colleague, I this body, we were in another energy sales base all existing generation from am not familiar with the Collins crisis. That was brought about by the renewable generation resources, in- amendments. But I do know of Senator oil cartel that was holding up oil com- cluding hydro. The renewable resources JEFFORDS’ intent to offer an amend- ing from the Middle East. We suffered include solar, wind, ocean, biomass, ment, and I did know of Senator KYL’s greatly with long lines of cars. I have landfill gas, geothermal, generation intent to offer an amendment. I will be been involved with this kind of a prob- offsets from renewables that are ‘‘net glad to consult with my colleague lem ever since then. In fact, during metered’’ at a customer’s facility, and about any additional amendments that that period of time where we had prob- generation from incremental hydro- would be offered. lems created by the OPEC cartel, I was power improvements and incremental Mr. REID addressed the Chair. able to offer very significant amend- generation from repowering or cofiring. The PRESIDING OFFICER. The Sen- ments, working with my partners at For new renewables placed in service ator from Nevada. the time. after the date of enactment, the re- Mr. REID. I direct a question to the For instance, at that time, we intro- tailer will get one credit per kilowatt Senator from Alaska through the duced an amendment to make sure we hour generated; 2 credits for net me- Chair: The Collins amendment applies had a photovoltaic effort going on tered offsets; and 2 credits for grid-con- to the same subject matter? which would help increase the utiliza- nected renewables on Indian land. Re- Mr. MURKOWSKI. In response to the tion of renewable energy by looking to tailers can apply the credits to their Senator from Nevada, it is my under- the Sun for the answer. That was a own obligations, or they can sell the standing that they do. One is, I believe, time when a number of us had come to credits. on existing renewables, that they Congress and were freshmen, but we Existing nonhydro renewables, in- would count. I am not sure that I have knew the kind of chaos we had. cluding municipal solid waste, can be information on the other one at this The amendment was to the appro- used to offset a retail provider’s own time, but I will be happy to provide it. priations bill. It was an $18 million annual obligation, but they could not Mr. REID. I say to my friend from amendment. I remember it very well. be used for credit trading. Alaska, it would be good if today we When I went to offer it, the chairman To facilitate the ramp-up of the pro- can finish this renewable part of the of the subcommittee, Tom Bevill of gram, retailers can start to accrue amendment package. We do know, as Alabama, came up to me and wrapped credits from the date of enactment, has been talked about here, the amend- his arm around me. He said: Son, you which they can bank to use within the ment of the Senator from New Mexico don’t offer amendments to appropria- next 5 years. decreases what is in the bill 8.5 per- tions bills until you have checked with The first year of the program, the re- cent. me. I said: Gee, I am sorry, but I can’t tailer may borrow against expected The Jeffords amendment increases it wait for that. He said: Well, why not? I generation to be installed within the to 20 percent, and the Kyl amendment said: Because I have 80 cosponsors. He next 3 years. The price cap of the lesser would wipe out all of them. said: 80 cosponsors? I said: Yes, 80 co- of 3 cents per kilowatt hour or 200 per- We will be happy to work proce- sponsors. He said: Well, I guess we will cent of the average market value of durally any way possible to have a fair have to go ahead. credits for the previous year is con- vote and have this issue resolved. We went ahead. It passed. We created tained in the bill. Maybe we could do all these votes later a photovoltaic industry in this Nation This is not a guarantee for any re- this evening. at that time which brought forward a newable generator. This is not a new Mr. MURKOWSKI. I would be happy considerable amount of energy relief. version of PURPA. Every renewable de- to encourage Senators on our side to In addition, at the same time, three veloper will have to compete in the come over with their amendments. of us—Congressman Mineta, Congress- marketplace. There will be no bureau- The PRESIDING OFFICER. The Sen- man Blanchard, and myself—intro- crats dictating prices. ator from Vermont. duced one to create development for S1900 CONGRESSIONAL RECORD — SENATE March 14, 2002 wind energy. At that time, we did not bringing total wind capacity in the power throughout their histories. We know who was going to get the credit, United States to 4,258 megawatts, rep- must level the playing field for the re- so we all kind of flipped coins. The win- resenting billions of dollars in jobs and newables industry and facilitate mar- ner was Congressman Blanchard from investments. ket entry of these valuable resources. Michigan who went on to be Governor. These two very different windmill Why focus so much on these re- Of course, Norm Mineta is now Sec- projects, one from the 1800s and a mod- sources? Renewable energy is good for retary of Transportation. And I am ern Texas wind farm, illustrate how the environment, provides jobs and in- still here. wind has moved from the past, and into vestment, and increases our energy se- But those really were the only two our future. curity. significant renewable energy provi- This Hawaii power plant is operating The U.S. Department of Energy has sions that passed. They are still there. on geothermal energy, which is also found that, as the demand for energy They were important contributions. found abundantly throughout the grows, without changes to Federal law, But it is time for us to put further em- American West. U.S. carbon emissions will increase 47 phasis and create further opportunities This office complex in Louisville, percent above the 1990 level by the year with respect to the renewable energy KY, is heated and cooled by geothermal 2020. However, as this chart shows— field. heat pumps. with green representing carbon emis- It is hard not to, when you see the Vast sources of biomass, such as the sions with a 10 percent RPS by 2020, lakes and forests in my State dying wood pulp that fires this California purple representing a 20 percent RPS from acid rain. power plant, are found throughout the by 2020 and pink showing the improve- We have to clean up our act. United States. Biomass currently gen- ments that can be made by additional It is hard to read the health statis- erates more electricity than any other energy efficiency provisions—with a 20 tics from air pollution, particularly for U.S. renewable resource. percent renewables standard, U.S. car- the very young and elderly, and not As for solar, the Sacramento Munic- bon dioxide emissions will decrease by worry about the emissions that con- ipal Utility District estimates that if more than 18 percent by the year 2020. tinue to pour from this country’s every home built in California subdivi- Adding renewables to our energy mix smokestacks. sions each year had photovoltaic en- will also reduce emissions of mercury, It is difficult not to care about re- ergy roofs similar to the one in this sulfur dioxide, and nitrogen dioxide, newable energy when the northern picture, they would produce the energy which contribute to the problems of maple trees are disappearing and our equivalent of a major 400 to 500 mega- smog, acid rain, respiratory illness, ocean temperatures are rising. watt power plant every year. and water contamination. A Federal 20 percent renewable en- We all should care. I am disappointed So the technology to produce renew- ergy standard will create thousands of that this White House and many in this able energy is clearly here. The re- new, high-quality jobs and bring a sig- Congress do not care quite enough. sources also are here. Vast quantities nificant new investment to rural com- It is unconscionable to continue to of wind power are found along the East munities. It will create an estimated shackle ourselves to fuels that dirty Coast, the West Coast, across large $80 million in new capital investment, our air and water, and that com- parts of the American West and across and more than $5 billion in new prop- promise our national security, when the Appalachian Mountain Chain. erty tax revenues. North Dakota also has consistent wind clean, abundant, and affordable domes- It will bring greater diversity to our tic alternatives exist. energy sufficient to supply 36 percent energy sector, creating greater market We owe something better to our chil- of the electricity needed in the lower 48 stability, and reducing our vulner- dren, to our environment and to our fu- states. ability to terrorist attacks to our en- The United States has the technical ture. ergy infrastructure. The amendment that I am offering capacity to generate 4.5 times its cur- For all these reasons, I strongly sup- this morning would gradually increase rent electricity needs from a combina- port a requirement that would achieve the amount of electricity produced tion of wind, bioenergy, and other re- the maximum amount of renewable en- from renewable energy nationwide, newable resources. ergy production in this country. reaching 20 percent by the year 2020. As to affordability, Federal studies Claims that a 20 percent renewable States are already out in the fore- have consistently shown that a Federal portfolio standard by 2020 is impossible front on this issue, with 12 States hav- renewables standard of 20 percent will to achieve, would cost the American ing already enacted renewable energy have little or no impact on overall con- consumer billions, and would place an standards and almost a dozen others sumer energy costs. The most recent undue burden on industry are simply actively considering one. study by the Department of Energy’s not supported by the facts. Clearly, re- Governor Bush signed one into law in Energy Information Administration newable standards below this 20 per- Texas in 1999. Nevada law currently re- has found that consumer prices for cent are easily achievable, and should quires that 15 percent of state elec- electricity under a 20 percent standard be strongly supported by this body. tricity come from renewable energy by would be largely the same as without I urge my colleagues to support in- 2013, and California is on the verge of one, resulting in an increase of only 3 clusion of a strong renewables standard passing a state requirement of 20 per- percent by 2020. in this bill. Without such a standard, I cent renewables by 2010. This is twice Further, as indicated on the chart— think we all must question whether as aggressive as the standard in my with purple indicating ‘‘business as this bill is in fact going in the right di- amendment. usual,’’ and green representing a 20 per- rection to ensure a clean, secure Amer- The technology to produce renew- cent RPS by 2020—EIA studies have ica. ables is clearly sufficient to meet these shown that by 2020, a 20 percent Fed- My amendment creates a renewable standards. eral RPS would have no measurable energy standard under which utilities During the more than 20 years that I impact on overall consumer energy would be required to gradually increase have been in this Congress, the costs of bills, which would include electricity the amount of electricity produced generating wind and solar energy have bills along with home heating and cool- from renewable energy resources, decreased by 80 percent. Throughout ing bills, and commercial and indus- starting at 5 percent in 2005 and lev- the world, wind is the fastest growing trial energy costs. So the technology is eling out at 20 percent in 2020. That is source of electricity generation, and in there, the resource is there, and the plenty of time to adjust, plenty of time this country wind-generated electricity costs to consumers are minimal. to make sure we can get to that goal is generally competitive with tradi- Despite this, the contribution of re- without really creating any problems tional fossil and other fuels. newables to the U.S. electricity market This level allows a long ramp-up time In 2001, the U.S. wind industry in- is still well under 3 percent. We must before utilities must begin to comply, stalled $1.7 billion worth of new gener- help promote these industries, the and also gives them the flexibility of ating equipment. As this chart illus- same way this Federal Government of adjusting their renewable energy gen- trates, current installed wind capacity our has assisted traditional fuels such eration within 5 year increments rath- almost doubled between 2000 and 2001, as coal, oil and gas, nuclear and hydro- er than every year. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1901 My amendment places a cap on the The bill clerk proceeded to call the important. They are so important we cost of renewable energy credits by al- roll. have spent $6.5 billion in the last 5 lowing retailers to purchase credits di- Mr. MURKOWSKI. Mr. President, I years. They are so important that rectly from the Secretary of Energy at ask unanimous consent that the order while we have concentrated on them, 3 cents per credit, thereby ensuring for the quorum call be rescinded. they still only address 4 percent of our price predictability for retail suppliers. The PRESIDING OFFICER (Mr. NEL- total energy needs and less than 2 per- The amendment recognizes the spe- SON of Nebraska). Without objection, it cent of electric consumption. cial economics of small entities, and is so ordered. Let me show you a little bit about re- excludes small retailers which sell Mr. MURKOWSKI. Madam President, newables. They are worthy of consider- 500,000 megawatt hours or less of elec- I rise to enlighten my colleagues about ation and further examination. Wind tric energy from the requirements of renewables because we are going to be power is real as long as the wind blows, the bill. spending a good deal of time on the but sometimes the wind doesn’t blow. However, my amendment recognizes issue of renewables. Senator JEFFORDS Around here, we can usually generate that not only do we want to encourage has called for an increase to the under- enough hot air to keep a little draft renewable energy production and pur- lying bill. going. Sometimes it doesn’t blow. This chase by these small entities, they I want to make sure everybody is the San Jacinto wind farm located comprise a large part of the market for knows that we didn’t suddenly find re- outside of Banning, CA. If you have larger retailers. The amendment there- newables. Renewables have been driven from Los Angeles to Palm fore directs the Secretary of Energy to around for a long time. Some Members Springs, you have driven through it. I apply money generated by the purchase aren’t too sure of where we have been guess we all have our views of the of renewable energy credits to a pro- on renewables. Some are of the opinion beautiful mountains and what lies be- gram to maximize generation and pur- that we haven’t spent much money, tween the vision. That is a lot of wind- chase of renewable energy by these time, or attention. Let me try and turn mills. They are probably in this pic- small retailers. that around because we have spent $6.4 ture, 150 windmills in the background. My amendment will also allow utili- billion on renewables in the past 5 Some of them work; some don’t. ties credit for existing renewable en- years. That money has been well spent. Sometimes the transmissions are ergy production, thereby increasing We are going to continue to spend torn up because the wind doesn’t al- the potential for additional renewable money on renewables. ways blow at the same velocity. Some- production from existing facilities and We spent $1.5 billion in direct re- times there are problems. Engineering rewarding those who have taken the search and development for renewables; advancements have come along, and it initiative to develop green energy. $500 million for solar; $330 million for is a significant contributor to energy. Madam President, how much time do biomass; $150 million for wind; $100 mil- What about the footprint? This par- I have? lion for hydrogen; and nearly $5 billion ticular wind farm, which is one of the The PRESIDING OFFICER. There is in tax incentives; $2.6 billion in reduced largest in the United States, takes no time limit. excise taxes for alcohol fuels, ethanol. about 1,500 acres, and the energy pro- Mr. JEFFORDS. Madam President, I So it is not that we have been asleep in duction is 800 million kilowatts of elec- yield the floor. this process. tricity. What does that equate to? That Mr. BINGAMAN. Madam President, I The problem we have is that is about 1,360 barrels of oil. So here we suggest the absence of a quorum. nonhydro renewables make up less have an equation, 1,500 acres of foot- The PRESIDING OFFICER. The than 4 percent of our total energy print producing 1,360 barrels of oil. clerk will call the roll. needs and less than 2 percent of our I hate to be rhetorical, but in com- The bill clerk proceeded to call the electric consumption. I am sorry Sen- parison, what does 2,000 acres of ANWR roll. ator JEFFORDS is not present. But it produce? One million barrels of oil. Mr. JEFFORDS. Madam President, I isn’t that we don’t support renewables; Some people suggest that these wind- ask unanimous consent the order for the question is, At what price? mills are Cuisinarts for the birds. The the quorum call be rescinded. As I indicated, we spent $6.5 billion in birds do have a bit of a time getting The PRESIDING OFFICER. Without the last 5 years, and we have about 4 through there if they are flying low. objection, it is so ordered. percent of our total energy needs in The point is, there is a footprint to re- Mr. JEFFORDS. Madam President, I nonhydro renewables, and less than 2 newables. ask for the yeas and nays on my percent of our electric consumption. There are a couple other renewables amendment. We can throw enough money at this. we think highly of and want to pro- The PRESIDING OFFICER. Is there a The question is, How much do tax- mote. This is one: Solar panels. Solar sufficient second? payers and consumers want to pay? panels produce the energy equivalent There is a sufficient second. We have some charts. Before I show of 4,400 barrels of oil a day. That is The yeas and nays were ordered. these charts, I want to show other 2,000 acres; 2,000 acres of solar panels is Mr. JEFFORDS. Madam President, I charts that show a little bit about the a lot of acreage. Two thousand acres of yield the floor. The PRESIDING OFFICER. The Sen- footprint of renewables. There is a mis- ANWR produce 1 million barrels of oil ator from North Carolina. understanding on what kind of foot- a day. So, again, we are simply talking Mr. HELMS. Madam President, is print is involved in the consideration about comparisons. It would take two- there a quorum call in progress? of renewables and the application of thirds of the State of Rhode Island to The PRESIDING OFFICER. There is that footprint. equate to 448,000 acres which would not. If you want to talk about solar, it produce as much energy as 2,000 acres Mr. HELMS. I understood there to be certainly has an application in certain of oil in ANWR. So we virtually cover one. areas. In my State of Alaska in the two-thirds of Rhode Island with solid Madam President, I ask unanimous wintertime, it doesn’t work very well. solar panels. consent that it be in order for me to Go up to Barrow where there are prob- We have another significant con- make my brief remarks seated at my ably 4 months of darkness; solar panels tribution to energy, and that is eth- desk. aren’t going to work very well. Go anol. Ethanol is made from corn. There The PRESIDING OFFICER. Without down to the Southern States; clearly is a comparison here because if you objection, it is so ordered. they have an application. But they also took 2,000 acres of ethanol from the Mr. HELMS. I thank the Chair. have a footprint. The same is true with farm, 2,000 acres, and produced the en- (The remarks of Mr. HELMS are print- windmills. They have a significant ergy equivalent of that, it would ed in today’s RECORD under ‘‘Morning footprint. I will show you some of produce 25 barrels of oil a day. Business.’’) those charts as soon as the staff brings Mr. President, 2,000 acres of ANWR Mr. HELMS. Madam President, I sug- them to the Chamber. will produce a million barrels a day. So gest the absence of a quorum. The point I want to make is, we you are talking about an awful lot of The PRESIDING OFFICER. The haven’t walked into the discovery that acreage to produce an equivalent. All I clerk will call the roll. renewables are important. They are am talking about is a footprint. It S1902 CONGRESSIONAL RECORD — SENATE March 14, 2002 would take 80 million acres of farm- best interest than is Congress. If con- electric power—approximately 2 per- land, or all of the land of New Mexico sumers want to pay extra for ‘‘green cent. and Connecticut, to produce as much power,’’ then they should be able to do The 10-percent additional renewable energy as we can get out of 2,000 acres it. A number of States have created dictate, by 2020, would require 6 times of ANWR. programs to allow them to do that. In the amount of renewables we are cur- I think I have made my point, Mr. Colorado, for example, there is a very rently generating. Is a 10-percent dic- President. There is a footprint. Renew- robust market for green energy. tate achievable? Well, anything is ables are important. They do cost But I ask: Why should Congress tell achievable, but at what cost? money. The question is, How much consumers to purchase something they We have a chart that shows what the does the American taxpayer want to don’t want and that might not even be Energy Information Administration of pay? available? In my opinion, the mandate the Department of Energy has done. It I rise in opposition to the renewable is not honest. Those States with port- is an analysis of the proposed 10-per- portfolio mandate. I oppose the Federal folio mandates have considered the cent renewable portfolio mandate. The renewable mandate in the underlying costs and the fuel mix that is available EIA estimates that the cost of renew- Daschle bill. I oppose the Federal re- and made a decision. able portfolio mandate will grow to $12 newable mandate proposed by Senator This amendment decides that cus- billion per year by 2020. BINGAMAN’s amendment, and I also op- tomers in Maine—which already has a Let me refer to the chart. This chart pose the Federal renewable mandate locally established 30-percent mandate is perhaps a little difficult to com- proposed by Senator JEFFORDS. The based on local decisions—must buy prehend, but what we have are credits reason is all three are the same theme: wind and solar renewables. moving up in the blue to the very top, Federal command and control of the On its face, the amendment admits where we are comparing, if you will, market. that there are utilities that will not the penalty payments and the credit Now, all three propose that the Fed- have access to the particular mix of purchases. The credit purchases are in eral Government—Congress, as a mat- fuels that the sponsors support. Their the light blue and the penalty is in the ter of fact—decides what kind of en- customers will be forced to pay for dark red. ergy we like and don’t like and, as a credits and to pay for power that they As we start from 2005 with the cred- its, you can see they are roughly at $2 consequence, force the markets to may never receive—power that is un- billion, and they go up in the year 2017 comply with our views of political cor- economical and not available in their to approximately $10 billion. And they rectness. Let me say that again. Con- particular area. go up more with the advent of the pen- gress decides what kind of energy we Why is there this fascination with Federal preemption of State decisions? alty payments. like and what kind we don’t like. Do So this attempts to show simply the If the Northwest wants to develop we want Congress to pick the energy escalating costs associated with trying clean, emission-free hydro, why must ‘‘flavor of the month,’’ so to speak, to achieve this 10-percent renewable they buy credits to support solar in pick the winners and the losers based portfolio mandate. There is a cor- from the Southwest? The argument on regional or local politics? It is one responding reference as well. The the- will be made that we need to foster re- thing to support technologies on re- ory is, as the renewables go up, the gas newables in order to lessen our depend- source development by tax incentives consumption comes down, and when or grants or other direct programs. We ence on foreign energy. That is a good the renewables go up, the price of gas do that with conservation, renewables, argument—as far as it goes. But if they goes down, and the price of renewables and our basic fuels. We encourage ex- are really serious about lessening our comes down. So you have a bit of a ploration and development in the ultra foreign dependence, we need to do tradeoff there, and we can debate that. deepwaters of the Gulf of Mexico, as we much more: Nuclear power—there is no The fact remains this kind of an in- should. That is one thing, but arbitrary cleaner form of power, zero emissions— crease to 10 percent from our current 4 dictates on what you must buy, well, oil from Alaska and other regions, such percent—actually 2 percent, less than 2 that is another issue. as the gulf, that have been shut down; percent electric consumption, 4 percent I oppose Federal command and con- coal—we have all kinds of coal in this of total energy—comes at a significant trol of the market. We have a free mar- country; we are the Saudi Arabia of cost. ket in this country. If there is any- coal; hydroelectric generation—zero Who is going to pay that, Mr. Presi- thing that we should have learned from emissions. It amazes me that some peo- dent? The consumers are going to pay the past 200 years in this Nation’s ex- ple consider hydro nonrenewable. it. There is nobody else out there. The istence, it is that free markets work Let me focus for a moment on the companies are not going to be able to and Government command and control, Federal renewable dictate in the under- offset that cost out of their capital. as a rule, doesn’t work. I think the lying Daschle bill, which is very simi- It is estimated that over a 15-year pe- proof is out there. lar to the Bingaman amendment. The riod, between 2005 and 2020, the renew- For example, in the 1960s and 1970s, Daschle renewable dictate would re- able portfolio dictate will cost a total we tried to micromanage the natural quire a 600-percent increase in renew- of about $30 billion. Wilbur Mills once gas business. What did we get? We got ables by the year 2020. Let me repeat said: A billion here, a billion there; shortages and price spikes. When we that—a 600-percent increase in renew- after a while, it all adds up to real deregulated natural gas, we got an ables by 2020. money. To an average family of four abundant gas supply and lower prices. As I indicated in my earlier state- struggling to pay their grocery bill and Even more fundamental, the U.S. ex- ment on renewables and what our per- put kids through college, this is a lot ists today and the Soviet Union does centage was, clearly, it is a cost. We of money. not exist. Our economy is the envy of have expended $6.4 billion in the last 5 As is pointed out by the Energy In- the world. Their economy collapsed. I years, and it still constitutes less than formation Administration analysis of have no doubt that this Nation, and 4 percent of our total energy needs and the renewable portfolio mandate: our industry, can meet any demand we less than 2 percent of our electric con- In simple terms, a renewable portfolio put upon them. There is no question sumption. standard is a way of subsidizing . . . renew- that it can. If we put a man on the So the question is, If we are going to ables . . . through a fee on . . . Moon, we can certainly build all the follow the Daschle renewable dictate, What? windmills we want. we would require a 600-percent increase coal, gas, nuclear, and oil facilities. So the question isn’t, Can it be done? in renewables by 2020, at what cost? It has to come from somewhere. It The question is, Should it be done? Well, I don’t think this is achievable. It does not come from thin air. It is at Should we dictate the market—have might be, but it would drive costs sim- the expense of our more traditional en- Congress tell consumers what is good ply through the roof. After 20-plus ergy sources. In other words, it is one energy and what is bad energy; what years of PURPA, and billions of dollars thing. It is a Btu tax. Remember that: they should buy or should not buy? of renewable tax credits and other Fed- Btu tax. Where have you heard it? It Mr. President, the consumers are bet- eral subsidies, renewables today pro- was one of the first efforts of the Clin- ter able to decide what is in their own vide a very small percentage of U.S. ton administration when they came March 14, 2002 CONGRESSIONAL RECORD — SENATE S1903 into office. They tried to put on a I admire what these States have from the States. The best government Btu—British thermal unit—tax on en- done. They have taken the initiative to is the government closest to you. ergy. They failed, coming in the back establish a State renewable portfolio As I mentioned before, 14 States al- door. mandate. They did it themselves: Ari- ready have it. Senator KYL’s amend- EIA says consumers will not see most zona, Connecticut, Hawaii, Illinois, ment will allow States to set up their of this cost in terms of higher retail Iowa, Maine, Massachusetts, Min- own renewable portfolio program. The rates. Instead, it will be paid for by nesota, Nevada, New Jersey, New Mex- Kyl amendment requires each State other segments of the power industry. I ico, Pennsylvania, Texas, Wisconsin. utility commission and each nonregu- am not that optimistic about EIA’s as- This is the market working. People lated utility to consider offering con- sessment of cost or impact to con- in those States are concerned. They sumers renewable energy if available, sumers. EIA’s numbers are based on a want renewables and are ready to pay but it does not require them to do so— set of assumptions about technology— for them. They have set up a system, only consider doing it. If a State or sending, transmission capacity—eco- and it works. nonregulated utility concludes that a nomics which may or may not pan out. This legislation would mandate it renewable program is not in their con- If there is anything more certain across the country. The renewable sumers’ best interest, then they should than death and taxes, it is that the mandate would thus penalize those be free to not adopt it. That is exactly utilities will pass on consumer costs. States that have already acted to es- what the Kyl amendment does. In other words, as I have said, anything tablish a renewable program by requir- If a State adopts the program, then more certain than death and taxes is ing these States to replace their State consumers will still be free to decide the utilities will pass on to the con- program with a new Federal program. whether or not green power is worth sumers the costs. For Heaven’s sake, if it works in these the cost. Consumer choice has worked The only exception to that was in States, why not leave it alone? They well in States such as Colorado where 2 California when California chose not to are doing their job. People are happy. percent of the customers have chosen pass on the cost to the consumers be- They would be increasing or rejecting. to pay a modest premium to have their cause they capped retail rates and were Other States have considered and re- power generated by wind turbines, and not allowed to pass through the true jected a renewable portfolio mandate I believe there is some of that in Cali- cost of electricity. And what did we as being unworkable or too expensive. fornia as well. Allowing consumers to have? We had some of the major gener- Senator JEFFORDS wants to raise the decide what is in their best interest is ating companies in the United States renewable dictate. What does he want the essence of good public policy. in chapter 11. We learned something to raise it to? He wants to raise it to 20 I have a letter signed by 32 trade as- from that, but hopefully we will not percent. I oppose that. I think it is im- sociations in opposition to the renew- forget it so soon. practical, unrealistic, and beyond rea- able portfolio mandate in this bill. Those costs are going to show up in I ask unanimous consent that this sonable costs. consumer electric bills one way or an- letter be printed in the RECORD. Senator BINGAMAN’s amendment dif- other, you can be sure of that. Do not There being no objection, the letter fers from the underlying Daschle bill in be lulled to sleep by assertions that the was ordered to be printed in the a relatively minor aspect. It retains renewable dictate is a free ride. If you RECORD, as follows: the 10-percent mandate from the under- believe that, I have a bridge to sell you lying bill and gives double credits to MARCH 5, 2002. in Ketchikan, and it has not even been Hon. THOMAS A. DASCHLE, built yet. renewables on Indian land, gives credit Hart Senate Office Building, U.S. Senate, Let me point out some of the require- for not using energy, and it lengthens Washington, DC. ments of the renewable dictate. Under the program by 50 percent out to the DEAR SENATOR DASCHLE: We are writing to these circumstances, if the utility is year 2030. express our deep concern over the economic I have a little problem with extend- impact of the renewable electricity portfolio not able to meet its renewable port- mandates contained in the Substitute folio through generation, it is going to ing these programs out to 2010, 2020, 2030. My problem is, how many of us Amendment (the Energy Policy Act of 2002) have to purchase the credits from to S. 517. This renewable portfolio standard someone else who is generating elec- are going to be around here in 30 years would require that 10 percent of all elec- tricity or pays a Federal penalty. They or 28 years to be held accountable for tricity generated in 2020 must be generated have to do it one way or another. In what we are setting as a standard by renewable facilities built after 2001. The other words, consumers in regions and today? It lengthens the program by 50 renewable portfolio standard would become States that do not have renewable op- percent by the year 2030. effective next year, and the amount of re- newable generation required would increase portunities will have to pay for elec- We should hold ourselves accountable for realistic goals in the future and not every year between 2005 and 2020. While we tricity they do not even receive. believe that renewable source of generation Let me repeat that. Consumers in re- put them out so far that other people should have an important, and growing, role gions or States that do not have renew- are going to come along and look at it in supplying our electricity needs, the provi- able opportunities will have to pay for and say that was simply unattainable sions contained in the Substitute Amend- electricity they do not even receive. I or the cost of it was beyond com- ment are not reasonable and cannot be do not know how many people you prehension. achieved without causing dramatic elec- know, Mr. President, but I know a lot In a nutshell, the Bingaman amend- tricity price increases. This in turn would have the unintended consequence of reducing of people who would not want to do ment makes only minor changes to the Daschle bill. I oppose the Bingaman the competitiveness of American businesses that. in the global economy and, thereby, reducing How much is this going to cost the amendment as well, just as I oppose economic growth and employment. consumer in New York or Chicago? It the Daschle renewable dictate. Today, according to the Energy Informa- is clear what is going on. It is a Btu I believe Federal command and con- tion Administration, non-hydro renewables tax—a British thermal unit tax—which trol of the market leads to terrible dis- placed in service over past decades make up will transfer massive amounts of tortions, economic waste, and ineffi- only about 2.16 percent of the total amount money to one politically favored seg- ciency. It is bad for consumers and bad of electricity generated in the United States. for our economy. However, even this modest existing renew- ment of the electric power industry. able capacity will not count under the Sub- What is that? Renewable source. I find I will support Senator KYL when he stitute Amendment toward satisfying the re- it unacceptable to require consumers offers his amendment to allow the newable portfolio requirement. Generally, to subsidize large renewable genera- States to set up their own renewable under that Amendment, renewable facilities tors, such as—well, let’s choose Enron portfolio program. As I mentioned be- that can be used to meet the 10 percent min- as an example, to the tune of up to $12 fore, 14 States already have them. They imum must be placed in service in 2002 or billion per year. seem very happy with them. They are thereafter. Therefore, compliance with the I also wonder why this Federal man- working. Why do we always have to Substitute Amendment’s 2.5 percent renew- ables mandate for 2005 would require dou- date is necessary. These 14 States have jump into something the States seem bling the amount of non-hydro renewables already established a renewable port- to be doing reasonably well with a that we now have in just three years—even folio mandate program. They, too, Band-Aid as if this is a Federal project though it took us more than 20 years to get would be preempted. and we should take the initiative away to where we are today. S1904 CONGRESSIONAL RECORD — SENATE March 14, 2002 In addition, because the Substitute Edison Electric Institute something we can achieve. It makes Amendment requires that 10 percent of all Electricity Consumers Resource Council sense. It moves us, as a country, in the electricity generation, not capacity, must Independent Petroleum Association of direction we ought to be going. It re- come from renewables, vast numbers of re- America duces our dependence on fossil fuels in newable electricity-generating facilities will Industry Energy Consumers of America have to be built. Wind energy, perhaps the International Association of Drilling very important ways. most promising non-hydro renewable tech- Contractors There are some obvious reasons why nology, operates effectively only between 20 Interstate Natural Gas Association of I think it is important we act on this percent to 40 percent of the time. Solar is America as part of a national energy bill. When also intermittent. Therefore, the actual National Association of Manufacturers one looks at a comprehensive energy amount of newly installed capacity needed National Lime Association bill, which we are now debating, there to generate enough electricity to meet the National Mining Association are various things that can be done. Daschle Amendment’s requirements could National Ocean Industries Association well exceed 20,000 megawatts by 2005. To put The supply can be increased, and we North American Association of Food are trying to increase the supply of en- this into context, according to the American Equipment Manufacturers Wind Energy Association, we currently have Nuclear Energy Institute ergy from our traditional sources, from less than 5,000 megawatts of installed wind Ohio Manufacturers’ Association oil and gas, from coal, from nuclear, capacity in the United States. Oklahoma State Chamber of Commerce from hydroelectric power. All of those Simply imposing an unreasonably large, & Industry federally mandated requirement to generate are existing sources of energy upon electricity from renewables will not guar- Pennsylvania Foundry Association which we believe we are going to re- antee that enough windmills and other re- Pennsylvania Manufacturers’ Associa- main dependent. They should continue newable facilities can be built on schedule; tion to flourish. We support that and we that the wind (or sun or rain) will cooperate; Texas Association of Business and Cham- have provisions in the bill that support or that the generating costs will be as low as bers of Commerce U.S. Chamber of Commerce them. would be the case from a more diverse, mar- I firmly believe it is also important ket-dictated portfolio of conventional, as Utah Manufacturers Association well as renewable and alternative fuels. If re- Westbranch Manufacturers Association. we put a particular emphasis on renew- tail suppliers do not comply with the man- Mr. MURKOWSKI. The signers rep- able power, renewable energy sources. date, they would face a 3 cent per kilowatt resent a broad range of affected indus- It is important we do that to get a di- hour civil penalty. Some may suggest that tries, including chemicals, metals, verse set of sources. It is important we this penalty would operate as a ‘‘cap’’ on the paper, textiles, cement, carpeting, pe- do that because the renewable energy inevitable run up of electricity costs under troleum, natural gas, mining, nuclear sources do not produce emissions. They the Amendment. Even if this penalty were are extremely benign to the environ- effective at limiting skyrocketing elec- power, as well as the U.S. Chamber of tricity costs—and experience with similar Commerce. ment and there are substantial benefits ‘‘penalties’’ indicates that it will not—the A Federal renewable dictate is, in my in job creation, quite frankly, from penalty still would constitute an almost dou- opinion, bad energy policy, bad social putting a heavier emphasis here. bling of current wholesale electricity prices policy, and bad economic policy. I will put up a couple of charts I re- for renewable power. Clearly, electricity I thank the Chair for persevering ferred to earlier in the debate so people rates will substantially increase if the Sub- can be reminded this is where we stitute Amendment becomes law. with me, and I yield to Senator BINGA- The Federal government’s past record in MAN. produce electricity today. This is choosing fuel ‘‘winners and losers’’ is dismal. The PRESIDING OFFICER. The Sen- ‘‘Electricity Generation by Fuel.’’ The Powerplant and Industrial Fuel Use Act ator from New Mexico. There seems to be a lot of information of 1978, which prohibited the use of natural Mr. BINGAMAN. Mr. President, I will on this chart, but it is pretty clear gas in electric powerplants and discouraged say a few words about the various what the big points are. its used in many industrial facilities, was es- amendments we are considering this The first big point is, this is from the sentially repealed less than a decade later afternoon. I proposed an amendment to period 1970 to the year 2020. So over when its underlying premises were conceded this 50-year period, it shows that by far to be wrong. While holding back the use of the underlying bill which does modify natural gas, the Federal government spent the provisions we had related to this the biggest contributor to electric gen- billions of dollars attempting to commer- issue of a renewable portfolio standard, eration today is coal. It has been all cialize ‘‘synthetic fuels,’’ including oil shale and that is the pending first-degree along. It continues to be, it is going to and tar sands, with little to show for its ef- amendment, and essentially that calls be in the future—that is a given—and forts. for us trying to increase the generation we have provisions in this bill to en- While we believe that the Federal govern- of electricity from renewable energy courage additional research to try to ment has an important role to play in en- find ways to continue using coal in the couraging the development of renewable and sources over the next 18 years, between other energy technologies, we are troubled now and the year 2020, up to 10 percent. most environmentally benign way pos- when that role turns to mandates and mar- That is what we have proposed in the sible. ket set-asides for one particular fuel or tech- amendment I sent to the desk. Down beneath that we have nuclear. nology. Mandates and set-asides usually Senator JEFFORDS has sent a second- This is as of the year 2000 in this pe- don’t work, and create unintended con- degree amendment to the desk, and he riod. The next line is nuclear. Nuclear sequences far more severe than the under- has asked that we change that goal and accounts for something in the range of lying problem being addressed. 20 percent of the power we produce For these reasons, we respectfully request requirement, and that instead of going that you support efforts to modify the lan- to 10 percent of power having to be gen- today in this country. It will continue guage in section 265 of the Substitute erated from renewable sources, it to account for a substantial portion of Amendment to S. 517, in order to eliminate should be 20 percent. He has made his the power we produce for the indefinite or mitigate the harmful economic con- statement in support of that, and he future, even if there are no nuclear sequences of the renewable fuels portfolio has indicated a desire to come back powerplants built, and there may well mandate. and reiterate those points before we ac- be. I do not know the answer to that. Sincerely, tually cast a vote on his amendment. The other fuel, which is now third as Adhesive and Sealant Council, Inc. far as the contributors to electrical Alliance for Competitive Electricity Then there is also, as I understand it, American Chemistry Council expected to be an amendment by Sen- generation, is natural gas. That is this American Iron and Steel Institute ator KYL from Arizona which will es- green line. Although it is third now, we American Lighting Association sentially eliminate any kind of a Fed- can see that it is growing dramatically American Paper Machinery Association eral program or requirement to in- as a contributor to electricity genera- American Portland Cement Alliance crease the amount of renewable energy tion in this country. We are now in a American Textile Manufacturers Insti- that utilities generate. So those are situation where today 69 percent of the tute the three main issues before us. electricity we generate in this country Association of American Railroads Obviously my position, which is I comes from two fuels: coal and natural Carpet and Rug Institute Coalition for Affordable and Reliable En- think is clear to all my colleagues, is gas. That is going to change by the ergy that the 10-percent goal we have in the year 2020, unless we enact legislation in Colorado Association of Commerce and bill and in the substitute I have sent to the nature of this renewable portfolio Industry the desk is an appropriate goal. It is standard that I have proposed. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1905 The way that is going to change is we have a lot of wind, particularly this They think we should be doing more. I are going to be much more dependent time of year. I found there was very lit- would love to see more. I think this is upon those two fuels, coal and natural tle renewable power generated in my a realistic proposal given the reality gas, by the year 2020 than we are today. State. I asked if we had any U.S. manu- we face today. Instead of 69 percent, which is where it facturers of wind turbines come and My proposal is there for anyone to is today, it will be up to 80 percent. So put up wind power, and I found out the study and review. I think it would be we will be 80-percent dependent upon major manufacturers of wind turbines very good public policy for the coun- those two types of fuel. are in Europe, not in this country. The try. Why is this a problem, some might main market for wind turbines is in I have some letters I call to my col- ask. Who cares? It is a problem because Europe, not here. leagues’ attention. One is from the price spikes, particularly in natural We may want to do in New Mexico American Wind Energy Association, gas, can play havoc with people’s elec- what the neighboring State of Texas dated March 13. tric bills, can play havoc with our abil- has done. We have a love-hate relation- ship between New Mexico and Texas; it While we believe that all of America’s re- ity to maintain a stable market for newable energy technologies—wind, solar, electricity in the country. grates on me to say that Texas did geothermal, biomass, and hydropower—are Eighteen months ago, it was $10 per something right, but the reality is they capable of contributing higher levels of elec- million Btu of natural gas. Today it is have done something right in this area. tricity generation than would be required by more like two-fifty. There is a tremen- Frankly, President Bush did some- the proposed RPS, the provision is a signifi- dous volatility in those prices, and thing right in this area when he was cant step forward in meeting America’s that is what we are setting ourselves Governor of Texas. He signed a law to growing energy needs. up for if we do not diversify the sources put in place a renewable portfolio In 2001 alone the wind energy industry in- of fuel upon which we rely. We do have standard that was very much the same stalled close to 1,700 megawatts of new gen- real concerns about the adequacy of in its provisions as we propose as a na- erating capacity, enough to meet the needs of about 475,000 households. More than half our supply of natural gas as we go for- tional program. They have moved of this new wind power development (915 ward to the year 2020. We may well be ahead very dramatically in adding gen- megawatts) was produced in Texas—a state buying a larger and larger percentage eration capacity based on renewable with the most effective renewable energy re- of our natural gas in the form of lique- energy. It is the kind of action I wish quirement law in the nation. In addition to fied natural gas that is brought in by we had taken in New Mexico. I hope we producing electricity without emitting any tanker from overseas. This is being do it in the near future. pollutants, each megawatt of wind power brought in from the Middle East, from I know our major utility in New Mex- creates at least $1 million in economic activ- a lot of countries that we do not cur- ico is considering putting in a wind ity. rently consider particularly stable sup- farm. They realize it is cost effective. Obviously, I would like to see some of pliers. It does make sense. They have seen the that economic activity in my State. I Just as we are currently dependent successes our neighboring State has assume the Presiding Officer would upon foreign sources of oil, we can see had. like to see some in his. That would the day, possibly in the future, when Let me show another chart entitled occur as part of the implementation of we will be substantially dependent ‘‘U.S. Renewable Electricity Consump- this. upon foreign sources of natural gas. A tion.’’ This points out that today 31⁄2 to I also refer to a letter from lot of that dependence will be because 4 percent of the electricity that we MidAmerican Energy Holdings Com- we have not diversified the sources of consume is generated from renewable pany, which is headquartered in power to generate electricity. sources—nonhydro renewable sources. Omaha, NE. The Presiding Officer is fa- Also, of course, if one thinks climate Under this bill, under the renewable miliar with that company. This is a change is a problem, which many peo- portfolio standard we are proposing— letter to me from David Sokol, chair- ple do, it is important we try to find not the one Senator JEFFORDS is pro- man and chief executive officer. some sources of energy that do not posing; that is more ambitious, but the DEAR CHAIRMAN BINGAMAN: I am pleased to contribute to that problem, and that is one I am proposing—we would increase write in support of your efforts to include exactly what we are trying to do with that between now and 2020 up to around provisions to promote the development of re- this renewable portfolio standard. 12 to 13 percent. That is the expecta- newable energy resources for electric genera- Another one of these charts I think tion under this bill. tion in the Senate’s comprehensive energy makes the point we have a lot of oppor- The green area on the chart is what bill. MidAmerican Energy Holdings Company tunity to do better in this area. This will be added as renewable generation is one of the world’s largest developers of re- chart is entitled ‘‘The Commitment to if this bill is passed with the renewable newable energy, including geothermal, wind, Renewable Generation.’’ This is the pe- portfolio standard in it. Absent the re- biomass and solar. riod 1990 to 1995. The point it makes is, newable portfolio, if the Kyl amend- MidAmerican has been a long-time pro- ponent of both a production tax credit for over on the left-hand side, this is the ment succeeds and we eliminate any electricity generated by renewables and a percentage increase in nonhydro re- national renewable portfolio standard, federal government purchase standard for re- newable generation during that 5-year the expectation is we would have this newable electricity. We strongly support period, 1990 to 1995. Spain increased orange strip that we are now at, with these provisions in the comprehensive en- their nonhydro renewable generation 31⁄2 percent of our generation coming ergy bill before the Senate, as well as recent over 300 percent during those 5 years; from nonhydro renewables; that would modifications to the bill’s renewable port- Germany increased theirs something be the same in 2020. We would still be folio standard (RPS) section that will ensure that implementation of the RPS is achiev- around 170, 180 percent; Denmark, near- producing about 31⁄2 percent from able and affordable. ly 150 percent; Netherlands, about 70 nonhydro renewables. I think there is a very strong case to Renewable electricity can play a critical percent; France, something in the role in diversifying the nation’s fuel mix and range of 30 percent; and then there is be made that a forward-looking, com- providing emissions-free electricity for the United States. We can see from this prehensive effort to diversify sources of American consumers. By including both sup- chart there was hardly any increase energy, to deal with global climate ply and demand side components in the com- during that 5-year period, in nonhydro change in a responsible way, to ensure prehensive energy package, your legislation renewable generation in the United we are diversifying our sources and will benefit the environment and American States. producing all the power we need in the energy security. Frankly, we have a lot of oppor- future, would lead us to conclude we Thank you again for your leadership in tunity to catch up with some of the ought to have this modest require- promoting renewable energy. European nations in producing more ment. This is a modest requirement. I have one other letter from the power from renewable sources. This is not excessive. There are many American Bioenergy Association. This In my State of New Mexico, I asked people who advocate renewable genera- group is headquartered in Washington. why we did not have wind power. I have tion and are critical of what I have pro- There are various members of the seen the charts that say New Mexico is posed as a renewable portfolio standard group who have signed the letter to a natural source of wind power. We because they think it is insufficient. me, dated March 13. S1906 CONGRESSIONAL RECORD — SENATE March 14, 2002

DEAR SENATOR BINGAMAN: We, the under- In 2001 alone the wind energy industry in- offer as a substitute amendment to the signed members of the American Bioenergy stalled close to 1,700 megawatts of new gen- Daschle bill. This RPS uses the already over- Association (ABA)—the leading industry erating capacity, enough to meet the needs subscribed Texas legislation as a model. The group representing biofuels, biomass power, of about 475,000 households. More than half national policy you propose would allow all and bioproducts—are writing to thank you of this new wind power development (915 renewable energy resources to be developed for your support to date and to encourage megawatts) was produced in Texas—a state where they are most applicable. you to offer an amendment for a renewable with the most effective renewable energy re- In addition, we applaud your support of a portfolio standard that is both aggressive quirement law in the nation. In addition to renewable fuels standard, increased biomass and realistic. producing electricity without emitting any research and development, and a production It is critical that we level the playing field pollutants, each megawatt of wind power tax credit for biomass. ABA hopes that these for renewable energy generation. State RPS creates at least $1 million in economic activ- policies, along with this strong renewable programs have met with enormous success. ity. portfolio standard, will be accepted by the A federal RPS would allow clean energy de- The wind industry is proud to support the Senate. velopers and their customers to use biomass RPS contained in S. 517, aimed at diversi- Again, the ABA thanks you for your strong power in all regions of the country where it fying America’s energy production while also support for biomass. We truly believe that, is technically feasible. The ABA believes enhancing our efforts to secure cleaner air by supporting energy and tax policies in that the biomass industry provide a signifi- and a more sustainable energy future. Thank clean, renewable biomass, we can begin to cant contribution to the standard you will you. wean ourselves from foreign oil and clean up offer as a substitute amendment to the Sincerely, our air. Sincerely, Daschle bill. This RPS uses the already over- RANDALL SWISHER, subscribed Texas legislation as a model. The Executive Director. KATHERINE HAMILTON and national policy you propose would allow all MEGAN SMITH, renewable energy resources to be developed Co-Directors. MIDAMERICAN ENERGY where they are most applicable. HOLDINGS COMPANY, SUPPORTING MEMBERS OF AMERICAN I have one other brief issued by the Omaha, NE, March 14, 2002. BIOENERGY ASSOCIATION National Hydropower Association. Hon. JEFF BINGAMAN, Biofine, South Glen Falls, NY. It says: Chairman, Committee on Energy and Natural Cargill Dow, Minneapolis, MN. Chariton Valley RC&D, Chariton Valley, The National Hydropower Association Resources, U.S. Senate, Washington, DC. IA. writes to strongly urge you to support the DEAR CHAIRMAN BINGAMAN: I am pleased to write in support of your efforts to include FlexEnergy, Mission Viejo, CA. Energy & Natural Resources Committee Future Energy Resources Corporation, provisions to promote the development of re- Chairman Jeff Bingaman and Majority Lead- Norcross, GA. er Tom Daschle’s compromise amendment to newable energy resources for electric genera- Genencor International, Rochester, NY. S. 517 on the Renewable Portfolio Standard. tion in the Senate’s comprehensive energy PureEnergy, Paramus, NJ. They go on to explain why they be- bill. MidAmerican Energy Holdings Company Renewable Energy Corporation, Limited, is one of the world’s largest developers of re- Charlotte, NC. lieve that is very much in the interests newable energy, including geothermal, wind, Sealaska Corporation, Juneau, AK. of the Nation. biomass and solar. State University of New York (SUNY), Finally, there is a letter I have here MidAmerican has been a long-time pro- Syracuse, NY. from Michael Wilson, vice president of ponent of both a production tax credit for the Florida Power & Light. He says in electricity generated by renewables and a ISSUE BRIEF, MARCH 13, 2002. a letter to me dated March 14: federal government purchase standard for re- The National Hydropower Association Please consider this letter an endorsement newable electricity. We strongly support (NHA) writes to strongly urge you to support of the compromise Renewable Portfolio these provisions in the comprehensive en- Energy & Natural Resources Committee Standard contained in S. 517, the Energy ergy bill before the Senate, as well as recent Chairman Jeff Bingaman and Majority Lead- Policy Bill. modifications to the bill’s renewable port- er Tom Daschle’s compromise amendment to As you may know, FPL Group, comprised folio standard (RPS) section that will ensure S. 517 on the Renewable Portfolio Standard of the two major subsidiaries— that implementation of the RPS is achiev- (RPS). Senators Bingaman and Daschle’s amend- He lists what those are— able and affordable. Renewable electricity can play a critical ment to S. 517 resolves many of the issues as- is one of America’s cleanest, most progres- role in diversifying the nation’s fuel mix and sociated with their original RPS proposal sive energy companies. Our commitment to providing emissions-free electricity for and clearly recognizes that hydropower, our the environment is manifested.... American consumers. By including both sup- nation’s leading renewable resource, must He goes on and on and indicates they ply and demand side components in the com- play an important role in meeting future en- are intending to add 2000 megawatts of prehensive energy package, your legislation ergy needs. The amendment that will be offered by the new wind generation over the next 2 will benefit the environment and American energy security. Senators will exempt all existing hydro- years and that this renewable portfolio power from a retail electric supplier’s base standard will allow wind generation to Thank you again for your leadership in promoting renewable energy. amount and include incremental hydro- contribute to America’s energy inde- Sincerely, power—new hydropower generation at exist- ing facilities through efficiency improve- pendence and security. DAVID L. SOKOL, Mr. President, I ask unanimous con- Chairman and Chief Executive Officer. ments and additions of new capacity—as a sent the letters I referred to be printed qualifying renewable resource. This policy validates a recent poll which showed that in the RECORD. AMERICAN BIOENERGY ASSOCIATION, 93% of registered voters believe that hydro- There being no objection, the letters Washington, DC, March 13, 2002. power should play an important role in were ordered to be printed in the Re Renewable Portfolio Standard Amend- meeting future energy needs. What’s more 74 ment. RECORD, as follows: percent of America’s registered voters sup- AMERICAN WIND ENERGY ASSOCIATION, Hon. JEFF BINGAMAN, port federal incentives for incremental hy- Washington, DC, March 13, 2002. Hart Senate Office Building, dropower. Hon. JEFF BINGAMAN, Washington, DC. With the inclusion of incremental hydro- Chairman, Senate Energy and Natural Re- DEAR SENATOR BINGAMAN: We, the under- power in the Bingaman-Daschle RPS amend- sources Committee, U.S. Senate, Wash- signed members of the American Bioenergy ment, approximately 4,300 Megawatts (MWs) ington, DC. Association (ABA)—the leading industry of new hydro generation could be developed DEAR CHAIRMAN BINGAMAN: I write on be- group representing biofuels, biomass power, without building a new dam or impound- half of the Board of Directors and member and bioproducts—are writing to thank you ment. This additional power will provide companies of the American Wind Energy As- for your support to date and to encourage clean, renewable, domestic and reliable en- sociation (AWEA) in support of the Renew- you to offer an amendment for a renewable ergy for America’s energy consumers in an ables Portfolio Standard (RPS) contained in portfolio standard that is both aggressive environmentally-responsible way. Senator the proposed substitute to S. 517, the Energy and realistic. Jeffords’ amendment, however, has no such Policy Act of 2002. It is critical that we level the playing field role for hydropower. While we believe that all of America’s re- for renewable energy generation. State RPS Once again, NHA strongly urges you to newable energy technologies—wind, solar, programs have met with enormous success. vote yes on the Bingaman-Daschle RPS geothermal, biomass, and hydropower—are A federal RPS would allow clean energy de- amendment and to oppose the RPS amend- capable of contributing higher levels of elec- velopers and their customers to use biomass ment offered by Senator Jeffords. tricity generation than would be required by power in all regions of the country where it If you have any questions, please contact the proposed RPS, the provision is a signifi- is technically feasible. The ABA believes Mark R. Stover, NHA’s Director of Govern- cant step forward in meeting America’s that the biomass industry provide a signifi- ment Affairs, at 202–682–1700 x–104, or at growing energy needs. cant contribution to the standard you will [email protected]. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1907 FLORIDA POWER & LIGHT COMPANY, end of the pipeline. When we import clear that we are committed to making Washington, DC, March 14, 2002. barrels of oil—although we are not sure that renewable energy is much Hon. JEFF BINGAMAN, talking about so much oil, because we more a part of the production of elec- Chairman, Energy and Natural Resources Com- also rely on natural gas and coal—we tricity. mittee, Dirksen Senate Office Building, Washington, DC. have the following consequences: First Look again at what we do that is DEAR CHAIRMAN BINGAMAN: Please consider of all, we import the energy and we ex- good. We do a so much better job for this letter an endorsement of the com- port the dollars—probably to the tune our environment. Coal, I mentioned. promise Renewable Portfolio Standards of about $11 billion a year. Nuclear power. I am not giving a (RPS) contained within S. 517, the Energy The more we can produce of our own speech today in this Chamber that Security Policy Bill. energy, the more capital we keep in says: Let’s dismantle all the nuclear As you may know, FPL Group, comprised our communities, and the better it is powerplants. As a matter of fact, that of its two major subsidiaries, Florida Power for our States. is not my position. But we do not know & Light (FPL) and FPL Energy (FPLE), is one of America’s cleanest, most progressive On environmental grounds, I don’t, what to do with the waste. We are energy companies. Our commitment to the frankly, know what we are doing with going to now build more plants which environment is manifested by FPL’s diverse more reliance on coal. are incredibly capital intensive. generation mix and by FPLE’s largely re- In our State, we love our lakes. We I think the Presiding Officer is one of newable energy portfolio. FPLE operates the are the ‘‘land of 10,000 lakes.’’ But if the people here who knows the most two largest solar projects in the world, over you look in different manuals, you will about finances. I am not even sure it is 1,000 megawatts of hydroelectric power, a see the warnings: If you are a woman a go from the point of view of cost-ef- number of geothermal projects, and a num- expecting a child, don’t eat fish. We fectiveness. ber of biomass plants. And, significantly, love walleye. Don’t eat too many wall- But beyond that, can anybody tell with over 1,400 megawatts of net ownership in wind energy, FPLE is the nation’s largest eye a week; or, don’t eat any; or, for me whether or not we should be going generator of wind power. small children, don’t let them eat wall- forward with more nuclear powerplants FPLE plans on adding up to 2,000 eye. One way to get to the hearts of when we do not even know what to do megawatts of new wind generation over the Minnesotans is to talk about walleye. with the waste right now? In case any- next two years. Due to the wind energy pro- Why? Because of airborne toxins, poi- body has not noticed, our good friends duction tax credit (IRC Sec. 45(c)(3)) and the son, PCBs, acid rain, and coal. from Nevada do not want it there. If all industry’s success in reducing production What in the world are we doing rely- of us were Senators from Nevada, we costs, wind energy has become economically ing more on coal, relying more on fos- would take the same position. And feasible. A long-term extension of the credit combined with your RPS will allow wind sil fuels, and relying more on utility there are some legitimate questions generation—and, hopefully, other renewable industries that barrel us down a path that are being raised about Yucca sources—to contribute to America’s energy which goes exactly in the wrong direc- Mountain. independence and security. Ultimately, such tion? Then others say: Well, maybe not. an aim should be the keystone of any Amer- Minnesota is rich in wind. In rural Then it should be above ground, in dry- ican energy policy. Minnesota and farm country, we are cast storage. Then others will say: We appreciate your leadership on this im- talking about biomass electricity. We What about the transportation of it? portant issue, and we strongly support your are talking about solar. We are talking So we do not know what to do with efforts to enact a fair and balanced RPS. the waste. Yet we are now talking Please do not hesitate to call on me should about renewables. We are talking about you require any assistance in your endeavor. safe energy. We are talking about clean about maybe we are going to rely more Sincerely, technology. We are talking about small on nuclear power. We do not know MICHAEL M. WILSON, business opportunities. We are talking what to do with the expense. By the Vice President. about job-intensive and job-creating way, most people do not want the Mr. BINGAMAN. I will have other industries that are respectful of the en- plants near where they live. There are comments to make later in the debate, vironment, that are respectful of our all sorts of public health concerns. I but at this point I suggest the absence community, that lead tomorrow’s eco- have already mentioned coal. What do of a quorum. nomic development, and that make all we need? More acid rain? Why do we The PRESIDING OFFICER. The the sense in the world. want to rely on these big utility com- clerk will call the roll. When we are able to rely more on re- panies to basically be in charge of our The senior assistant bill clerk pro- newable energy policy—we have the energy future? Have the consumers of ceeded to call the roll. technology—we are far less dependent the country maybe noticed they are Mr. WELLSTONE. Mr. President, I not only on Mideastern oil but we are not always so kind to us in terms of ask unanimous consent that the order far less dependent on large energy com- the bills that we pay? for the quorum call be rescinded. panies that end up being the ones mak- We could make the decisionmaking The PRESIDING OFFICER (Mr. ing decisions that affect all of our much more back at the State level, BINGAMAN). Without objection, it is so lives, not always so much for the good. much more back at the community ordered. I am pleased to join Senator JEF- level with renewable energy policy. Be- Mr. WELLSTONE. Mr. President, I FORDS. Frankly, I know the votes on tween the potential of wind and bio- came to the Chamber in support of the this. I don’t think we will get very mass electricity and solar, along with amendment of Senator JEFFORDS. I am many votes. As a matter of fact, maybe what we have been talking about with proud to join him on this amendment. we will. I shouldn’t say that on the biodiesel and other clean alternative We are talking about a portfolio that floor of the Senate before the vote. But fuels, such as ethanol, we have a real has to do with renewable energy for there are other amendments that want opportunity. It is a perfect marriage. I production of electricity. The bill to go below 10 percent. will finish on this point and then take would require the amount of electricity I must admit that the position I take a question from my colleague. It is a produced from renewable to increase in this debate doesn’t get me a heck of marriage made in Heaven between from 2.5 percent in 2005 to 10 percent in a lot of support from the utility indus- being respectful of the environment 2020. This is certainly an improvement try. That is true. I am not sure I had and a huge growth industry, which is in the right direction. much in the beginning anyway. But, much more small business oriented, The amendment I am cosponsoring with all due respect, I do know what is with the creation of more jobs and with Senator JEFFORDS argues that the best for my State. I don’t think it is keeping capital in the community and Senate should go higher. We are talk- just for Minnesota. I think it is good having better economic development. ing about basically going up to 20 per- for people in this country. It could be done, and it should be cent by the year 2020. I will say this one more time. Our done. If we took a poll, 80 percent of I wish to make three or four points. country is behind the curve. Clean the American people would agree. The First, I admit that I am speaking as technology is going to be a big growth only problem is, these utility compa- a Senator from Minnesota. For Min- industry. We can do so much better nies and this big energy industry have nesota, this is a no-brainer. We are a than we are doing right now. We can do too much clout. They have too much cold-weather State. We are at the other that if we set a target, and we make it money, they have too much power, and S1908 CONGRESSIONAL RECORD — SENATE March 14, 2002 they have too much influence. We Remember, with electricity we are in the United States that have renew- should be reaching beyond 10 percent. I talking less about oil; we are talking able portfolios. States do it. Why can’t think Senator JEFFORDS and I are at- about coal, nuclear, whatever. we, as a country, do it? The answer is tempting to lay down a landmark be- I am not arguing conspiracy. And I there is no reason in the world we cause we want to be part of the debate am not arguing every Senator who should not be able to do this. and, at a very minimum, not turn the votes the other way votes that way be- I believe this so much that, in addi- clock backward and even go below the cause of money. That is a horrible ar- tion to this—I say to my friend from 10-percent requirement. Frankly, we gument to make. We could all say that Minnesota, he talked about the cost. should be doing much better. about each of us on every vote. One of the costs that he cannot at- Mr. REID. Will the Senator yield for I will say this. Institutionally, from tribute to alternative energy is what it a question? a sort of systemic point of view, the saves in lost lives, what it saves in Mr. WELLSTONE. I am pleased to unfortunate thing is there are these added health care costs for this coun- yield for a question. huge energy conglomerates, these big try. Mr. REID. Does my friend agree that utility companies. They do not want to The three of us in this Senate Cham- on this energy bill yesterday he and I budge from the monopoly they now ber are not kids. We have all lived a were terribly disappointed because we have. They do not want to see this al- long time and are very fortunate in had the opportunity to do something ternative future. But, boy, this is the that regard. But we can all remember, about consumption in this country, to direction in which we have to go. That even the State of Vermont, as pristine cut the amount of fossil fuels we use, is why I thank Senator JEFFORDS and as the State of Vermont is, how the air by making our automobiles more en- am honored to be a part of this debate quality has changed over our lifetimes. ergy efficient, and we lost on that? and do this amendment with him. Mr. WELLSTONE. I say to the Sen- Does the Senator agree that we lost on Am I making sense? ator, on the whole issue of air quality, that? Mr. REID. Of course. That is why I I am out here with a little bit of a Mr. WELLSTONE. That is correct. came to the Chamber, because the Sen- sense of urgency. I want to hold on to Mr. REID. Also, there is an effort ator is making a lot of sense. I feel so this standard, and I want to increase it here where some think we can produce desperate to get something that helps because it is the best thing for my our way out of the energy crisis in the American consumer when we finish State. which we find ourselves. Does the Sen- this energy bill, which we have been It is for all the reasons I just men- ator acknowledge, out of the worldwide talking about for so long. tioned, but also having to do with what reserves of petroleum, the United Does the Senator realize that in 1990 we love the most. We love our lakes States has 3 percent, including Alaska, the United States produced 90 percent and rivers and streams. In fact, I don’t and the rest of the world has 97 per- of the electricity produced by wind? We know how it came to be. It is as though cent? Does the Senator acknowledge produced 90 percent 10, 11 years ago. people in the country have lost their that as a fact? Today, we produce—not 90 percent—25 sense of indignation. Their expecta- Mr. WELLSTONE. That is correct. percent of the power. Germany—the tions are so lowered about the environ- Mr. REID. So I say to my friend, I do relatively small area of Germany—pro- ment. I am surprised that people are not personally know how we are going duces more electricity by wind than we not furious. I think they are, but they to produce our way out of this situa- do. don’t know what to do. tion. We are not going to do it by drill- Mr. WELLSTONE. Yes. I say to my As to a lot of our beautiful lakes, ing in ANWR. So when this legislation colleague, first of all, again, wind is people are being told with regard to is ended, we are going to get nothing near and dear to my heart. You should lake after lake after lake in Minnesota, out of ANWR, and we are going to have see Buffalo Ridge in Minnesota. We if you are expecting a child, don’t eat no more fuel-efficient vehicles. produce much of the wind power in the the fish. If you have little children, So I ask my friend, isn’t the only country in Minnesota. don’t let them eat the fish because of thing left for the American consumer Brian Baenig, who does wonderful the air toxins. This is acid rain. This is to look to with pride that we will have work here, points out that there have coal. This is mercury poisoning. done on the energy bill is to do some- been two Department of Energy anal- I want to put a stop to it. That is in thing with renewables? Isn’t that yses, and they have found, under a 20- part what the amendment is about, right? percent renewable portfolio standard, much less all the good economic and Mr. WELLSTONE. Mr. President, I total consumer energy bills would be energy efficiency arguments I could thank my colleague from Nevada be- lower in 2020 than ‘‘business as usual’’ make. cause that is why I said to Senator because this would also reduce the nat- I yield the floor and thank both of JEFFORDS earlier today that I would be ural gas prices. This would be far bet- my colleagues. I am proud to join them out here joining him on this amend- ter for our consumers. But also other in this effort. ment. countries—that is what I was saying The PRESIDING OFFICER (Mr. Frankly, the rest of my time on this earlier—are putting us to shame. The CORZINE). The Senator from Vermont. bill will be on this renewable portfolio thing of it is, this isn’t just an environ- Mr. JEFFORDS. Mr. President, I because this is the only item left in the mental issue. This is also, I say to both commend my good friend. He has bill that is strongly proconsumer and colleagues in the Chamber, a business articulately outlined and put the issues also enables our country to reduce our issue. in focus as to what we are discussing. energy consumption and presents some Mark my words—let me shout it from Coming from Vermont, one of the alternatives to barreling down exactly the mountaintop of Senate today— States that has the most desire, per- the wrong path. Absolutely. clean technology will be a huge growth haps, to take advantage of the situa- The sad thing—I know this sounds a industry in this new century. We tion, going to my own personal history little arrogant; and I don’t mean to should be at the cutting edge of it, we back to 1939, I was just a kid, but we sound arrogant; and I don’t think I am should be nurturing it, and we should had the first commercial windmill in being arrogant—I used to be on the En- be promoting it. It is absolutely the the United States. It was working fine ergy Committee. If we took a poll, right direction in which to go. until a hurricane blew it away. It was about 80 percent of the people in this That is what is so important about an example to us of what the potential country would agree, saying: Abso- this amendment. is. lutely, more renewables. We really like Mr. REID. I say to my friend from Now we have windmills going over that idea. We like it because of the en- Minnesota, I join with him in compli- the State, up and down the State. vironment. We like it because we can menting the Senator from Vermont, Hopefully, there will be more and keep the capital in our community. We the chairman of the Environment Com- more. We have them located in nice like it because small businesses can de- mittee, for moving this issue forward. I places that do not spoil the view. What velop. We like it because it is job in- think he has not done it in a tepid a great source of energy to take advan- tensive. We like it because it is good fashion. I say that because we should tage of, especially in a State that is for our country’s independence. be able to do this. There are 14 States really being hard hit by all of the acid March 14, 2002 CONGRESSIONAL RECORD — SENATE S1909 rain and other stuff that floats to us am going to speak briefly to that. I am bility to tell utilities all over the from places known and unknown. But I also going to assume we are going to be United States of America that they want to share with everyone the expe- disposing of that amendment sometime must, under penalty of law—severe riences we have had. around 5 o’clock. If the vote on that penalties, which I will get to in a mo- Going back again, 29 years ago, the amendment is in the negative, then I ment—produce a certain percentage of wind energy program started. It has will offer an amendment in the nature their electricity through the use of come quite a ways, but now is the time of a second degree to the underlying these so-called renewable energy to really maximize its utility and to Bingaman amendment. I will discuss sources, such as solar, wind power, bio- keep this Nation going in the direction that. In order to conserve time, I will mass, and the like—10 percent, as I un- which will lead us away from the huge discuss some elements of that right derstand it. Again, I think the under- problems we have with being so de- now, while there is no other business lying Bingaman amendment may be 8.5 pendent upon foreign oil and all those pending. I will have to go back to the percent now, but it is not clear to me matters. Judiciary Committee and vote on the at this time. Perhaps my good friend, the leader, Pickering nomination as soon as that That is a mandate not just on the can tell us what we are going to do rollcall starts. I can at least take some States but one that will directly im- next, but at this point I will save the of the time necessary to respond to my pact all electric customers throughout floor and then come back. colleague from Vermont and also de- the United States because, obviously, The PRESIDING OFFICER. The Sen- scribe the amendment I intend to offer. most utilities are not just going to say, ator from Nevada. I am going to show the nature of the thank you, we will be happy to pay for Mr. REID. In response to the Senator cost of the Jeffords amendment and the that. It costs a lot more than produc- from Vermont, Senator KYL is tied up underlying Bingaman amendment in a tion through nuclear, coal, or gas. I in the Judiciary Committee. They are moment on the charts behind me. I will think they are going to pass those on a very important judicial nomina- describe the issue before us and what costs on to the consumers. That is tion now dealing with an appellate my approach is, as opposed to the ap- what they are entitled to do and prob- court judge to be or not to be. There- proach that has been presented so far ably will do. fore, he is unable to come and offer his by the Senators from New Mexico and We are talking about basically a Btu amendment at this time. There have Vermont. tax on the electric customers of the been a number of things we have talked The underlying bill has a premise, United States of America. I say a Btu about doing. One would be to vote soon which is that it is a good thing for the tax because the reality is that the cost on the Jeffords amendment, then de- U.S. Government to foster the in- is going to be shifting to the people bate the Kyl amendment as soon as he creased production of electricity who buy their power that is produced gets here, and vote on that tonight or through so-called renewable energy by coal or nuclear or gas from those tomorrow. That is where we are. sources. Now, current law does that who produce it from these so-called re- The Senator has arrived. I say to my through a series of incentives—some newable sources of energy production. friend—because I know he has been so tax breaks—to entities that develop The way the U.S. Government will do tied up in the Judiciary Committee; I windmill farms or solar energy produc- this is through a Federal law, which we listened to his statement on tele- tion or other kinds of so-called renew- are debating right now, on a mandate vision—the Bingaman amendment has able electrical energy production. That to the State that the utilities in the been laid down. That calls for 10 per- costs quite a bit of money—about a bil- State must achieve this level of pro- cent, but the growth on renewables is lion dollars a year. But the idea is that duction within a timeframe. Essen- ramped up more slowly and gives credit we need to foster the development of tially, the timeframe goes for the next to hydropower and existing renewables. these renewable sources because they 15 years—roughly, from 2005, when it The Jeffords amendment is a second- are good energy; whereas, existing nu- begins, to 2020, a 15-year period. We degree amendment. That calls for rais- clear and oil-fired, coal-fired, or gas- have the cost calculations for that. I ing the renewables to 20 percent. It is fired are not the preferred sources of will get though that in a moment. my understanding the Senator from energy production. There is an alterative way to do this. Arizona wishes to offer an amendment Today there is something in the Senator JEFFORDS said, ‘‘10 percent to eliminate the renewables in this neighborhood of 2 percent of our energy isn’t good enough; I propose we go to 20 bill. being supplied by so-called renewables. percent.’’ Maybe we could have a brief quorum The definition of renewable, by any I hope my colleagues will agree that call to explain to the Senator what logic, would also include hydropower. is not a good idea, that we do not want procedurally we would like to do. That, as I understand it, accounts for to mandate that kind of percentage on Mr. KYL. Might I inquire, my under- about another 7 percent of the elec- the States. In fact, we should not man- standing is the pending second-degree trical generation in the country. So date anything. That goes to my alter- amendment would have to be disposed the total of renewables would be about native, which is to say the States must of before I could offer my second-de- 9 percent. But, of that, only 2 percent consider all of these alternatives, in- gree amendment. It would have to be is the nonhydro kind of energy. The cluding a mandate of a percentage of defeated. I guess it could prevail either idea is to get that to a much higher renewable energy production, even con- way. Then I would offer a second-de- percentage. sideration of a program, a so-called gree amendment. In fact, I have to put a footnote here. green program whereby customers Mr. REID. We would be happy to One of the problems is that the Binga- within a State would be entitled to buy work that out with the Senator how- man amendment has been very much in renewable energy as long as they were ever he wishes. We have talked about it flux. It has changed at least three willing to pay the cost of it, and the for a couple days, this being the case. times since last night at 11 o’clock— producers there must produce that en- The only question is when we vote on that I am aware of—in terms of the ergy so that under the law, all of the his amendment. amount of coverage. I am not sure States would have to consider all of I suggest the absence of a quorum. right now whether it mandates that 8.5 these different options, but they would The PRESIDING OFFICER. The percent of the electricity be generated be required to implement no particular clerk will call the roll. by renewables and what the definition option. The assistant legislative clerk pro- is or whether it is 10 percent. It has It is the difference, on the one hand, ceeded to call the roll. gone back and forth yesterday and between those of us in the Senate and Mr. KYL. Mr. President, I ask unani- today. the House of Representatives knowing mous consent that the order for the The underlying bill has a philosophy what is best for the entire country: We quorum call be rescinded. that the U.S. Government must now go know that 10 percent or 20 percent or The PRESIDING OFFICER. Without beyond the mere incentives for renew- 8.5 percent is exactly the right number; objection, it is so ordered. able energy electricity production and that we should mandate production Mr. KYL. Mr. President, the pending move toward a mandate, and that the through renewable energy sources re- business is the Jeffords amendment. I U.S. Government now has the responsi- gardless of what the cost of that may S1910 CONGRESSIONAL RECORD — SENATE March 14, 2002 be, versus my proposal which says: We penalties, we are talking just under $12 mandate. The State of Maine has a 30- can suggest to the States that they billion a year. Much of that, as I said, percent mandate. Texas has a mandate. consider different forms of incentives is going to be paid by States that do What the President believes is each or even mandates if they want to do not develop the generation but have to State should be able to decide for that, but we should leave it up to the buy the credits and send them to the itself, based on its unique cir- States to decide what they want to im- States that do provide the generation cumstances, what is possible in that plement. and excess amount of that generation. State. It may be in my State it is pos- There are three or four different rea- The total amount of that is $88 billion sible to do a lot of wind and solar gen- sons that I think this is a better ap- over the 15-year period. That is $88 bil- eration. It may not be so possible in proach. First, obviously, is I do not lion gross cost. New Jersey or New York. That is why think the source of all wisdom in the To show what the pending Jeffords each State ought to determine for United States resides in 100 U.S. Sen- amendment will do, it is even worse. itself what the mix should be, of ators. I think there are a lot smarter The Jeffords amendment: Starting in course, based upon what it is willing to people in the States with respect to the the year 2005, $20 billion a year, which impose upon the retail and wholesale particular needs of their States. goes up to, in the year 2020, more than customers in the respective States. I point out to the distinguished Pre- $22 billion a year; again, the production I spoke with the Secretary of Energy siding Officer, for example, that on the capacity lining out at about $13 billion today, who assured me I could rep- east coast, the opportunities for solar a year and the remainder in penalty, resent to all of my colleagues that he and wind power are not great. So the but there is a total gross cost of about supports the Kyl amendment, that he net result of the passage of the Binga- $23 billion, and the total cost over the opposes the underlying Bingaman man amendment or the underlying bill 15 years is about $181 billion. amendment and the underlying bill or the Jeffords amendment is going to Have we done a cost-benefit analysis and, of course, the Jeffords amend- be a huge transfer of wealth from New to understand what we are going to be ment, which would all impose by Fed- Jersey, New York, Massachusetts, and getting with $181 billion? These charts eral mandate a standard for renewable other States, to States such as mine, are produced by the U.S. Department portfolio. Arizona, which has lots of sunshine and of Energy. They have done the num- Let me address this cost in another can produce lots of solar energy, and bers, but nobody has done a cost-ben- way. As I said, this is a mandate. The California that has lots of solar energy efit analysis of what we are going to Federal Government already provides opportunities and windmills to produce get out of this. an incentive, and the cost of that in- wind energy. Some say: Maybe this will replace centive right now is about $2 billion There will be a huge transfer of some of the fuels that are currently over a 2-year period. This is the pro- wealth. Why? Because the law will say: being used, such as coal or oil, and duction tax credit which will be re- If you do not produce electricity therefore there will be less demand for newed, extended, and expanded in through these renewable sources, then those particular fuels, so the cost of terms of its scope. That is what came you have to pay a penalty, you basi- those fuels will go down, so energy pro- out of the Finance Committee, on cally have to buy credits from those duced by coal or gas will go down—you which I sit. We are going to be providing for ex- States that do, and that is going to get the idea. panded and extended tax credits for the cost you money. Do you get electricity That may happen, but obviously we production of electricity through these from it? No. You just pay money, and are still talking about a huge cost to renewable fuels. It is not necessary for that keeps you out of trouble. You do implement this law. Let’s just take a the U.S. Government to mandate it as not get any electricity for what you wild presumption and say that all of long as we can achieve that result are paying. But the cost of the pen- this generation replaced the generation through the use of the tax incentives alties or the cost of doing this either from natural gas and it drove the gas which we will be, as I say, dealing with way is going to be passed on to your prices down to such an extent that we electric customers. here a little bit later on, but that is ended up with a wash, which is not the I say to any of my friends from the what came out of the committee. case even according to the Department States that are not blessed, shall we I want now to address briefly this say, with a lot of wind or sun: Get of Energy, but even if we did that, question of discrimination. It is appar- ready, you are going to be sending a lot what would that represent? It rep- ent to me that the effort being made is of money to States in the Southwest, resents a Btu tax, as I said, on nuclear, to round up votes by picking and States such as Arizona that I rep- coal, oil, and gas production, and even choosing between the politically cor- resent. hydro production, as a matter of fact, rect fuels and those that are not politi- Let me give an idea of the cost. Let’s and a big wealth transfer from States cally correct and making some other look at how much it is going to cost to that would have to buy the credits to changes in the amendments so some develop this renewable production ca- States that generate the electricity areas are impacted and other areas are pability. It is represented by the blue. from the preferred fuels, these so- not. Let me give an illustration. It starts in the year 2005 on the far left- called renewable sources. We know this underlying amendment hand side where the arrow is pointing. I think that is bad public policy. It is of Senator BINGAMAN and the amend- That is about $2 billion a year cost to arrogant on the part of the Federal ment of Senator JEFFORDS that is produce this much power with renew- Government to mandate something pending would both impose significant able sources. This is gross cost. such as this, to presume we would unfunded mandates on the States and The far line on the chart is the year know the right mix of fuels to use in localities. Part of this is due to the 2020. The blue line goes up to about $10 producing electricity in this country, fact that States would have to buy billion a year to produce the power, but to require that some States would get credits. Part of it is due to the fact under the law, as the bill is currently hurt by it more than other States, to there are a lot of municipal power pro- written, there would be little incentive not have ever done any kind of cost- ducers in almost every State. to continue to build the facility since benefit analysis, notwithstanding the It is my understanding—and I would it sunsets. My understanding is the huge costs involved. love to be corrected by the Senator amendment may remove the sunset, I am assuming, by the way, that this from New Mexico if I am wrong on but the total cost is the same either is possible, that we can do this, even this—that as a result of the fact that a way. though 2 percent of the generation point of order would lie against his The red represents the penalties that today is through the so-called renew- amendment because of this unfunded will have to be paid because you cannot able sources. This is why President mandate, the provision with respect to build the generating capability to meet Bush supports our approach, which is a municipal generation or public subdivi- the requirement called for under the voluntary approach by the States sion generation, Federal or State or law. That would total just about $12 where the States can determine them- local, has been removed from the bill. I billion a year in the year 2020. selves what mandate to impose. will assume, unless I am corrected, Whether it is the actual construction By the way, 14 States already have a that is the case. I am seeing a nod, so of the facilities or the payment of the mandate. My State has a 2-percent that is good. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1911 I do not think we should impose this and most nondiscriminatory way of all we would consider at that point. That mandate on our political subdivisions. is to say, let each State decide for would deal with the subject of renew- So that would remove the point of itself. That is really fair. So if New able fuels, and I think it would do so in order with respect to the generation. Mexico decides to do solar generation, a fair way, in a nondiscriminatory way, I am not sure with respect to the pur- it can do that. If my State of Arizona in a way that would not necessarily chase of credits, and I would have to says, wait a minute, you mean we are cost as much, although each State analyze that. But at least what we going to have to put acres and acres of could decide to impose those costs on have done is to say that 10 percent of shiny mirrors in our pristine desert themselves if they chose to do so in a the power, more or less, that is pro- that we love to look at because it is so way that would be consistent with the duced in the country by the municipal beautiful—that is the way we could President’s energy plan and a way that generators would not be subject to this generate that power in Arizona is I suggest to my colleagues would be mandate. through solar—that is how we would much more likely to be successful with In my State I have a fairly large pub- have to do it? We are going to be re- our House colleagues in a conference lic power producer and a bunch of little quired to degrade our environment by on this bill. co-ops and a couple of very large inves- putting—I do not know how many hun- So I hope when we get to the point, tor-owned utilities. So I ask: Is it fair dreds of acres of mirrors it would take after I have offered my amendment, we for the Senate to impose upon one to generate this solar power; that is will be able to support that which will group a mandate that 10 percent or 20 how we would do it, I guess—— have the effect of defeating the under- percent or even 81⁄2 percent of power be I think the State of Arizona would lying Bingaman amendment. generated by renewables, whereas it say that is environmentally unaccept- Excuse me. I stand corrected. I am would not apply to the political sub- able; we are not going to do that. We advised the Bingaman amendment is divisions? are not going to spoil the beauty of our still at 10 percent, but it pushes out to I am happy for the political subdivi- State, not to mention what would hap- the year 2019. So it is still a 10-percent sions. I am glad they do not have the pen to the flora and fauna that could mandate. mandate applied to them, although be affected in an adverse way by such a The PRESIDING OFFICER. The Sen- they do in the case of Arizona because massive amount of solar in the State of ator from Nevada. Mr. REID. During the debate today, the State applies a mandate, but that Arizona. I think we would like to make the Bingaman amendment was is the determination of the State. I do that decision ourselves. If it is possible changed, it was modified, and a sub- not think it is fair. I think it is dis- to produce, let us say, 3 percent of stitute maintaining the 10 percent of criminatory. power through solar generation in Ari- I also understand hydro is treated a the bill made it a different way of get- zona, and our people in the State de- ting there. I made the same mistake little differently; that hydro is only cide that can be done and it can be considered a renewable resource. Now the Senator of Arizona did today. done in an environmentally sensitive Prior to the Senator from Arizona if water is not renewable, I do not way, and that is a good thing, then let leaving, I wanted to make a unanimous know what is. Water over the dam has the State of Arizona decide that. consent request. I ask unanimous con- always been considered a renewable, I do not think representatives from sent that the time until 5:35 p.m. today the best of the renewable resources, the State of Florida, which also has a be for debate with reference to the Jef- but it is not politically correct by cer- lot of good sun, or the State of fords second-degree amendment No. tain environmental groups and so it is Vermont, which may not have quite as 3017, with the time equally divided and not included, except to the extent much sun, should be dictating that to controlled in the usual form; that at there are incremental economic im- the State of Arizona. 5:35 p.m., the Senate vote on or in rela- provements or efficiency improvements I have one more point, and then I will tion to the Jeffords amendment; that in the electrical generation facility, make the rest of my points later. upon disposition of amendment No. the dam through which the water The procedure—and I will close very 3017, Senator KYL be recognized to offer passes. You rewind the turbines and quickly—as I understand it, is we have a second-degree amendment to the that gives a greater efficiency, and ap- the underlying bill, that pending to Bingaman amendment No. 3016; that no parently you get some credit for doing that is a Bingaman amendment that intervening amendment be in order that. But otherwise you get no credit would reduce the Federal mandate to prior to disposition of either amend- for hydrogeneration. 81⁄2 percent, but it still would be a Fed- ment, nor any language which may be I understand Senator COLLINS will eral mandate—and correct me if I am have an amendment to say, wait a wrong on that, but it would exclude the stricken. I further ask that Senator CRAIG be minute, in Maine we do a lot of municipal providers and it has a phase- recognized for 25 minutes; and that hydrogeneration and we should get in period different from the underlying Senator NELSON be recognized for 5 some credit for that. I understand that bill; those are some of the essential dif- minutes—Senator CRAIG has no objec- may be accepted. I do not know wheth- ferences between that and the under- tion to Senator NELSON going first— er or not it will be, but clearly there is lying bill—that the pending second-de- and that Senator JEFFORDS have the discrimination going on when one kind gree amendment is a Jeffords amend- final 5 minutes prior to the vote that of clearly renewable resource counts ment that would mandate 20 percent would occur at 5:35. but another kind does not count. Why and does not exclude the municipal The PRESIDING OFFICER. Without would we have a double credit for solar generators, and if that is defeated, then objection, it is so ordered. energy or energy produced on Indian we would be back to the point I could The Senator from Florida. lands versus biomass or hydro, for that offer my second-degree amendment, Mr. NELSON of Florida. Hearing this matter, or wind? Why is that? Perhaps which very simply provides that the debate, it reminds me a little bit about the authors of the bill could explain States must consider the alternative of the debate on miles per gallon, whether that to us. renewable fuels generation, as well as or not that would be etched into law In other words, my point about dis- consumer choice, so the consumers that would have to be met. crimination is we have done some pick- could require that they be provided re- If we do not set such a standard, we ing and choosing, some winners and newable fuel electricity if they are will never get to it. If we do not set a losers. It, again, is the arrogance of willing to pay for it but it would be up percentage of years that are required Federal power that we decide what is to each individual State as to what to in the energy production, we are not best. Based upon science? Based upon order. going to have that standard to meet. the merits? No, based upon what it is What I would hope is we would defeat I support the amendment of the Sen- going to take to get the amendment the Jeffords amendment, that we could ator from New Mexico. passed. That is what is happening. then approve the Kyl amendment The PRESIDING OFFICER. The Sen- Let us get real specific about it. which would be a substitute for the un- ator from Idaho. What we are doing is trying to con- derlying Bingaman amendment, and Mr. CRAIG. Mr. President, I believe struct something that can pass, and there may be later some clarifying under the unanimous consent agree- what I am saying is that the fairest amendment by Senator COLLINS that ment I have 25 minutes. S1912 CONGRESSIONAL RECORD — SENATE March 14, 2002 The PRESIDING OFFICER. The Sen- We must know how far the Commis- So as was our intent in 1992 to move ator from Idaho. sion can go now and how far we want it electrical production in this country Mr. CRAIG. Mr. President, we are to go before we enact this law. Yet away from a structured environment, discussing a very important amend- there is fundamentally no effort to we now have an amendment on the ment to a very complicated bill that make that happen. The Commission floor that takes us back to Federal will once again require a Federal man- has pursued a restructuring program to mandates and Federal controls under date to meet a specific goal; or should establish regional transmission organi- the Federal Energy Regulatory Com- we allow our States, through the incen- zations, a virtual stand-alone trans- mission. tive of the marketplace, to meet the mission business, as the Commission I would like to spend a few minutes goals relating to certain levels of en- called it in 1999. now, before my time runs out, on some ergy production being of a given type. Before we enact a law, we need to of the other provisions within this elec- The reason I mention this is that, for carefully study that new reality. How trical title. Mr. President, let me as- the past couple of weeks, we have wit- does the Supreme Court’s decision in sure you. At the end of the day, this is nessed an unprecedented attempt to New York v. FERC affect those re- what I plan to do. write very complex legislation on the gional transmission organizations or I have filed at the desk an amend- floor of the Senate—an electricity title RTOs? I note also that in all these hun- ment, an amendment that would strike of an energy bill. dreds of pages of comprehensive energy the electric title as it is proposed and Three years ago, Senator MURKOWSKI, bill, not one word addresses the issue of amended by the actions of the Senate. then serving as chairman of the Energy regional transmission organizations. In striking it, my amendment would and Natural Resources Committee, on How can we enact a title on elec- replace the reliability language that which I am privileged to serve, laid out tricity without taking RTOs into ac- was just put in this afternoon, and three criteria for action as we move to- count, now that the Supreme Court has would include the current language in ward the development of a comprehen- ruled? Yet we are not doing that. If we the bill repealing PURPA and PUHCA. sive energy policy. are to call the electric title ‘‘com- It would also include consumer protec- Deregulate where possible; stream- prehensive,’’ then we have just taken a tion language that is currently in the line when deregulation is not possible; big chunk out of it, letting what the bill covering information disclosure, and the third, respect the prerogatives Court has said stand without expla- consumer privacy, and involuntary of the States. nation in the context of the current slamming and cramming. While that was not a mandate of the policies of the Federal Energy Regu- These provisions address issues that committee, it was certainly something latory Commission. have been debated in Committee and to which all Members largely agreed. Even if we choose to remain silent on considered for quite some time. The To that, I add a fourth elementary this important topic of the day, our principle that I think is pertinent in provisions offered fall within a general choice should be a conscious one, clear- consensus that has evolved over the crafting the legislation: Know what we ly expressed and based on a complete are doing when we legislate and when several years. These provisions will do record and, at a minimum, after hear- no harm, and will advance important we grant new authority or change our ings in the committee of jurisdiction, delegation of authority to a regulatory solutions to problems that have hob- not the lapse of haphazardly working bled efforts to assure that our elec- agency. In other words, look at the out numerous specifics on the floor of tricity system remains the most reli- whole and not just each of the pieces the Senate. able in the world as well as ensure that now scurrying to the Chamber to be at- We are now in a scurry with amend- tached to this Title of the Bill. ments, one that has just been offered consumers of electricity are protected. Title 2 fails all four tests. and one that is about to be offered. Leaving the Title as is does not ad- The approach we are taking to create Staff are over speaking with the Budg- vance deregulation, or a reform, but re- this Title is simply too dangerous for et committee right now, seeing if regulation and a move towards the cen- me: Trying to write complex legisla- amendments violate the Budget Act. tralizing of Federal authority at the tion without understanding it, without Why? Because they were never tested, Federal Energy Regulatory Commis- allowing our staffs in a bipartisan way discussed, or reviewed in jurisdictional sion. to collectively make sure all the pieces committees. So we are literally at this Let me go to a provision in the bill, fit together. Somehow politics leads us moment doing something that to my if I can: electricity mergers. The provi- to this very precarious endeavor. knowledge rarely occurs on the floor of sion raises the floor on merger review A few general observations before I the Senate. to $10 million from $50,000. How many go into the provisions of this title that Many experts and the administra- transactions does it affect? I doubt the Senator from Vermont is amend- tion’s ‘‘National Energy Policy Re- that anyone has any idea. There have ing. We have this month received a port’’ note that this country needs been no hearings, no analysis of the landmark Supreme Court decision on more investment in transmission. Bet- market to determine the impact of this the authority of the Federal Energy ter returns bring investment. The Com- proposal. More importantly, section Regulatory Commission to order trans- mission, in its RTO rule in 1999, pro- (a)(1)(D) gives the Federal Government mission restructuring that has signifi- vided for certain kinds of price reforms jurisdiction over acquisitions of gener- cant implications on the balance of to make investment more attractive. ating plants, unless they are used ex- Federal-State responsibility and au- This title has not one word on the re- clusively in retail. Utilities sell at thority for regulation of public utili- form of transmission rates or prices. wholesale and retail, largely from the ties. Even if we conclude that it is not same plants. They don’t create sepa- The majority opinion requires careful necessary to address the issue in a rate generating facilities for those analysis in light of the statements, on statute because we support the course kinds of purposes. This section blurs the one hand, that the Federal Com- that the Commission is on, our conclu- the distinction between regulation of mission could not assume jurisdiction sion should come from conscious retail suppliers of electricity, tradi- over retail transmission without pos- choice after hearings in the appro- tionally the province of the States, sibly running afoul of the Federal priate committee—not, as I have al- with the regulation of wholesale supply Power Act that gave jurisdiction to ready said, the lapse of haphazardly of electricity. States over retail sales, and, on the legislating on the floor. Why? Have States not been vigilant? other hand, that the Commission could If you read these provisions, and I Have they been too restrictive? Will take control if it makes certain factual have, you will notice that, except for the Federal Commission now preempt findings. repeal of the Public Utility Holding State procedures for assuring adequate Mr. President, what have I just said? Company Act of 1935 and the Public supply? Will the Commission now use Has anyone really, here, understood Utility Regulatory Policy Act of 1978— generation acquisitions as a club to the intricacy of what I have just said. two obsolete statutes, I think most force restructuring, as it did with Are we, today, measuring our actions recognize, whose repeal I support—not mergers previously? against what the Supreme Court laid one word in the title takes authority No one knows the answer to what I down recently? away from the Federal Government. believe is a significant question that I March 14, 2002 CONGRESSIONAL RECORD — SENATE S1913 have just asked. Yet if we had done our says it shall consider ‘‘such factors as tions that all of us, or most of us, have homework in committee, those answers the Commission may deem relevant.’’ agreed are fitting and proper. would already be on the table. You or I That is a phenomenal grant of author- That is what we ought to do in the may agree or disagree on them, but at ity. Senate. But there is a rush to judg- least we would not be on the floor ask- The Federal Commission can use this ment today in a time when the com- ing what is going on and what are we as a club for forcing restructuring, as mittee has had no opportunity to hold doing. On the floor we cannot swear in it has in the past forced, and it can this fine print up to the light of day witnesses and ask questions. We cannot again force utilities to buy and sell and to have our staff in a bipartisan deliberate and write a committee re- electricity against their will, subordi- way—our professional staff who have port. nate capital retail consumers, reveal dealt with this law and the Federal En- Finally, on mergers, paragraph (5) proprietary information, and join re- ergy Regulatory Commission for says: gional transmission organizations. years—to examine it and at least give The Commission shall, by rule, adopt pro- Each of these goals appears very much us the reasonable interpretation of cedures for the expeditious consideration of to be in the Commission’s sights as we what all of this might mean. applications . . .. speak. I like that. The section lists possible factors: If I have confused anyone today, I It goes on to say: ‘‘the nature of the market and its re- hope I have because this is phenome- Such rules shall identify classes of trans- sponse mechanisms.’’ What does ‘‘the nally complicated law. My guess is actions or specify the criteria for trans- nature’’ of the market mean? Response that most of my colleagues have not actions that normally meet the standards es- mechanisms? What kind? And to what? read the bill. If they had, they could tablished in paragraph (4). To me, the best response mechanism not understand it. That is in no way to What does ‘‘normally’’ mean? If you we have is the law of supply and de- impugn the chairman of the com- have ever watched these kinds of trans- mand. But that is not necessarily the mittee. It is his bill. My guess is he is actions or determinations, then you response mechanism at which the Fed- ready, and certainly his staff is. But better understand what the word eral Energy Regulatory Commission when it deals with the kind of com- means because there is a long history would be looking. plications that I bring out and the sim- of meaning as determined by Courts of My colleagues may argue that the ple interpretation that can turn a util- law. Commission knows what it means. ity on its head, destroy hundreds of In the vacuum of the floor delibera- Maybe so. But we need to know what millions of dollars of investment, or re- tions, we don’t know nor will FERC un- this means before we give the Commis- direct it in another manner, it is time derstand our intent because they will sion such vast authority. we understand what ‘‘normal’’ means have to thumb through pages and pages Revocation of market-based rates in in the eyes of the Federal Energy Reg- of CONGRESSIONAL RECORD instead of a section (f) says FERC shall set the just ulatory Commission, and a lot of other full committee report. and reasonable rates by order. Under words that are now injected into what Going further, if the Commission what terms? From the time it does so could become new utility law for this does not act within 90 days on these forward, or can FERC subject utilities country. transactions, such application shall be to open-ended retroactive refunds, as it I will conclude my remarks for the deemed granted. is trying to do now? day. I yield the floor. Maybe that is fine. Now comes the Of course, in all of those situations The PRESIDING OFFICER. Who hook: we have seen the frustration that has Unless the Commission finds that yields time? been brought about by the attempt of further consideration is required to de- Mr. JEFFORDS. Mr. President, if I FERC to do this recently. We don’t cide the issues and the Commission may, I would like to respond to some of know because we are legislating on the issues one or more orders tolling the the statements that have been made by fly again without committee delibera- time for acting on the application for my colleagues. tions. an additional 90 days. How about a refund effective date? First of all, my friend from Alaska What am I saying? How complicated This section changes the date from quoted a figure of $6.4 billion having is that? Is there a clear understanding which the Commission can order re- being spent in the last 5 years on re- of what is intended here? newable energy. That sounds like a lot. The provision appears to permit the funds of existing rates. Current law makes it, at the earliest, 60 days from The Congressional Joint Committee on Commission to recoil from the very Taxation estimates that between 1999 speed the proposal is attempting to in- the complaint or FERC investigation. This gives utilities time to digest the and 2003 the oil and gas industry re- troduce. ceived $11 billion in direct tax breaks— As I said, I am generally for speed in complaint to know the extent of their over three times what was given, in decision-making, within reason, so jeopardy. Sixty days also gives compa- that sense, to renewables. that it isn’t dragged out month after nies time to secure financial hedges month and hundreds of thousands, if and, most importantly, in this era of If you want to take a look at where not millions, of dollars are lost and ul- post-Enron disclosure, to make timely your money ought to go, it ought to go timately recouped from the ratepayers. disclosure to the investors, the share- where you can get the best buck. It is Under this provision, as I read it, the holders, and security regulators. certainly not with coal. Commission could take away with one Perhaps other considerations of con- These kinds of subsidies have been hand what we have required with the sumer protection outweigh these there for decades and decades—in some other. harms. But can anyone tell me what years greater than others. For exam- What standard do we set here to they are? Has the current law harmed ple, in a typical year, $21 billion in make sure FERC doesn’t toll away the anyone? Will this fix any harm? This Federal subsidies go to fossil fuels, $11 90 days into long delay? How does would not have appeased my colleagues billion to nuclear, and $1 billion to re- FERC intend to use this loophole? from California two summers ago, I can newables. tell you that. We cannot know when we What has FERC done in the past? We Again, when you look at energy costs cannot know because in the Chamber legislate from the floor. I could go on. My time is running with those kinds of subsidies, renew- we cannot hold a hearing to get an in- ables are obviously the best way to go. terpretation from the Commission out. I will speak more about this pos- sibly tomorrow and on Monday because But you have to have the sources to be itself or legal and consumer groups as able to provide the electricity. to what they believe the intent would I want to walk my colleagues through As to the cost of the Federal 20 per- be and how they would choose to carry the substance of this title and to jus- cent RPS, I note that the U.S. Depart- it out. tify why I think it is necessary to That is the reality. strike this Title and replace consensus ment of Energy has consistently found Let me touch on one other subject, provisions. We must do no harm and we that it will not raise the average over- market-based rates. do no harm by establishing not only re- all energy sector costs at all. This section in the legislation on the liability but by repealing obsolete My friend says that whatever costs floor would tell the Commission it can law—PURPA and PUHCA and by put- are incurred are passed on to the con- do what it wants because this section ting in the kind of consumer protec- sumer. That is true. Consumers also S1914 CONGRESSIONAL RECORD — SENATE March 14, 2002 pay the massive cost from powerplant in tax benefits, and $2.6 billion in re- NAYS—70 emissions, both environmental and duced excise taxes for alcohol fuels. Akaka Dorgan Lugar health related. I support renewables, as does vir- Allard Edwards McCain Allen Ensign McConnell For instance, recent studies have tually every Member of this body. But Bayh Enzi Miller shown that emissions from coal-fired the question in my mind, of increasing Bennett Frist Murkowski plants lead to a massive 12-percent in- to the point that the Senator has sug- Biden Graham Nelson (FL) crease in lung cancer. Obviously, if you Bingaman Gramm Nelson (NE) gested—an aggressive 10 percent to 20 Bond Grassley Nickles are using wind, you do not have any percent—will cost an extraordinary Breaux Gregg Roberts ramifications. amount of money when you consider Brownback Hagel Rockefeller The Senator from Alaska, who just that nonhydro renewables make up less Bunning Hatch Santorum came back to the Chamber, points to a Burns Helms Sessions than 4 percent of our total energy Byrd Hollings Shelby large ‘‘footprint’’ from wind turbines. needs and less than 2 percent of our Campbell Hutchinson Smith (NH) Let me show you this picture, which electricity consumption. Carnahan Hutchison Smith (OR) shows how wind turbines are indeed Carper Inhofe Stabenow So we need a realistic national en- Cleland Inouye Stevens ‘‘multiple use’’ in the best sense, with ergy strategy that includes renewables Cochran Johnson Thomas farmers able to raise crops and graze as part of a balanced energy portfolio. Conrad Kohl Thompson Craig Kyl Thurmond livestock beneath them. But let’s not fool the public into think- The wind energy alone from a 20-per- Crapo Landrieu Voinovich ing that renewable energy can replace Dayton Levin Warner cent renewable standard will provide coal, oil, natural gas, and nuclear any- DeWine Lincoln $1.2 billion in new income for farmers, time soon. Domenici Lott ranchers, and rural landowners. That is Even if we adopt an aggressive 10- to NOT VOTING—1 $1.2 billion in income to our farmers. 20-percent RPS, where will the other 80 Torricelli My amendment of a 20-percent stand- to 90 percent of our electric needs come ard by 2020 is achievable, good for the The amendment (No. 3017) was re- from? Fossil and nuclear, clearly. economy, good for consumers, and good jected. for the environment. Even with 3 to 5 percent renewable Mr. REID. Mr. President, I move to I urge all Members to please support fuels, the other 95 to 97 percent would reconsider the vote. my amendment. We have to make still come from oil. Let’s move it. Let’s Mr. CRAIG. I move to lay that mo- progress. It has been some 30 years that recognize the world moves on oil. tion on the table. we have been working on renewables. As a consequence, Mr. President, I The motion to lay on the table was The successes are growing, and they encourage Members to reject the pro- agreed to. are spreading throughout world. But posed doubling of renewables simply Mr. REID. Mr. President, I suggest we are not maximizing it. In this Na- because the cost-benefit ratio is so far the absence of a quorum. tion, we are not taking anywhere near out of line with what is technically The PRESIDING OFFICER (Mr. the advantage we should in renewables. achievable. WELLSTONE). The clerk will call the So I urge my colleagues to vote for I think the National Research Coun- roll. my amendment. Hopefully, this will cil that reviewed the Department of The legislative clerk proceeded to lead to a much more prosperous future Energy’s renewable energy programs call the roll. for not only the energy users but for would substantiate that substantial Mr. DASCHLE. Mr. President, I ask those who produce the energy, such as improvements in performance and re- unanimous consent the order for the those on our farms. ductions in the costs of renewable en- quorum call be dispensed with. Mr. President, I yield the floor. ergy technologies certainly have been The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- made. But deployment goals for renew- objection, it is so ordered. ator from Alaska. able technologies are based on unrea- Mr. DASCHLE. Mr. President, there Mr. MURKOWSKI. How much time is sonable expectations and on unrealistic will be no more votes tonight. remaining prior to the vote? promises, and to mandate this would In consultation with the Republican The PRESIDING OFFICER. There put an extraordinary cost on the con- leader and the managers of the bill, are 4 minutes 12 seconds under the con- sumer. And I assure you, that is where and Senator REID, I do not believe we trol of Senator CRAIG. the costs would have to be passed. are in a position to come to any fur- Mr. MURKOWSKI. I thank the Chair. So I encourage Members to reject the ther conclusions on amendments to- My colleague was referring to mil- proposal. night. So I do not expect there will be lions rather than billions. I think he any additional rollcalls. The PRESIDING OFFICER. All time used the term ‘‘billions of dollars There will be a rollcall vote on one of is yielded back. saved.’’ I think on the chart it shows the two judicial nominations pending ‘‘millions.’’ But nevertheless, I—— The question is on agreeing to the on the calendar tomorrow morning at Mr. JEFFORDS. The total was $1.2 Jeffords amendment No. 3017. The yeas 9:15. Then there will be an additional billion. and nays have been ordered. The clerk vote on the second judicial nomination Mr. MURKOWSKI. So $1.2 billion. will call the roll. on Monday at 6 o’clock. So Senators The chart said $125 million. The legislative clerk called the roll. should be made aware that tomorrow Mr. JEFFORDS. That was only for Mr. REID. I announce that the Sen- morning we will have a vote on a judi- that farm. ator from New Jersey (Mr. TORRICELLI) cial nomination. It appears that may Mr. MURKOWSKI. Just that farm? is necessarily absent. be the only vote we will have scheduled Mr. JEFFORDS. Yes. The PRESIDING OFFICER. Are there tomorrow, unfortunately. Then, on Mr. MURKOWSKI. I thank the Sen- any other Senators in the Chamber de- Monday, we will have a second vote ator. siring to vote? which may or may not be the only I want to make a point on renewables The result was announced—yeas 29, vote. We are not sure at this time. because renewables certainly have a nays 70, as follows: f value. But this isn’t the first time we have come to find the contribution of [Rollcall Vote No. 50 Leg.] UNANIMOUS CONSENT renewables. YEAS—29 AGREEMENT—H.R. 2356 We have expended $6.4 billion on re- Baucus Feingold Murray Mr. DASCHLE. Mr. President, we newables in the past 5 years. We are Boxer Feinstein Reed have been working with colleagues on Cantwell Fitzgerald Reid going to continue to do that at a rel- Chafee Harkin Sarbanes both sides of the aisle with regard to atively high rate. Clinton Jeffords Schumer the campaign finance reform bill. I am We have had $1.5 billion for R&D, $500 Collins Kennedy Snowe now in a position to announce that we million for solar, $330 million for bio- Corzine Kerry Specter are able to reach a unanimous consent Daschle Leahy Wellstone mass, $150 million for wind; and $100 Dodd Lieberman Wyden agreement on the motion to proceed to million for hydrogen; almost $5 billion Durbin Mikulski the campaign finance reform bill. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1915 So I ask unanimous consent that, at Mr. DASCHLE. Mr. President, I yield I know him as an individual. I know 3 p.m., Monday, March 18, the Senate the floor and suggest the absence of a his family. I have been in his home. I proceed to the consideration of Cal- quorum. have been to football games with him. endar No. 318, H.R. 2356, the campaign The PRESIDING OFFICER. The I have been to campground rallies with finance reform legislation, and that the clerk will call the roll. him, and I know him very well. He cer- cloture vote on the motion to proceed The assistant legislative clerk pro- tainly is qualified and certainly de- be vitiated. ceeded to call the roll. serves better treatment than he has re- The PRESIDING OFFICER. Is there Mr. LOTT. Mr. President, I ask unan- ceived in this process. I think this is a objection? Without objection, it is so imous consent that the order for the continuation of the politics of personal ordered. quorum call be rescinded. destruction. I think his character has Mr. DASCHLE. Mr. President, we The PRESIDING OFFICER. Without been smeared. I think a lot of incorrect will continue to take this matter one objection, it is so ordered. information and misleading informa- step at a time. We are encouraging f tion was put out about the judge. That Senators to express themselves on NATIONAL LABORATORIES PART- was wrong. campaign finance reform tomorrow, or NERSHIP IMPROVEMENT ACT OF on energy tomorrow. My hope is that Now a number of Senators are say- 2001—Continued the Senator from Arizona, Mr. KYL, ing: Well, yes, we realize that informa- and other Senators who wish to be Mr. LOTT. Mr. President, let me in- tion is not right but voted against him heard on their amendments, will offer quire about the parliamentary situa- anyway. As a matter of fact, this judge them tomorrow, will debate them to- tion. Is the energy bill still pending, has been very courageous and has been morrow, will make sure that we use and is there an amendment pending at a moderating force and a leader in try- the day we have available to us tomor- this time? ing to bring about reconciliation and row to move the legislative process The PRESIDING OFFICER. The en- bringing people together—not drive along. That is also true on Monday. We ergy bill is pending, and the Bingaman them apart, particularly in the area of will come in at 3. We encourage Sen- plan to the energy bill is pending. race relations in our State. ators to offer amendments on the cam- f I think one thing that strikes me so paign finance reform bill on Monday. NOMINATION OF CHARLES hard and has hurt me about this is be- We will have further discussions, of PICKERING cause, once again, I believe this is a course, with our colleagues with regard slap at Mississippi, my State. I think to the campaign finance reform bill. I Mr. LOTT. Mr. President, notwith- standing that, and after a discussion that some people thought: Oh, well. will say, if there are amendments to be Good. This is a Federal district judge. offered, we will have debate and further with Senator DASCHLE, I will take lead- er time to make some remarks about He is a known conservative. He is a consideration of those amendments on known Republican. He was selected on Monday and Tuesday. the vote just taken in the Judiciary the recommendation of TRENT LOTT It would be my expectation to file Committee. I yield myself leader time. and THAD COCHRAN by President George cloture on the bill for a cloture vote on The PRESIDING OFFICER. The Sen- W. Bush, and he is from Mississippi. Wednesday, as we currently expect it. ator has that right. That would then require the vote, as I Mr. LOTT. Mr. President, this is my This is one we can nail. He surely must have said on many occasions, no later 14th year in the Senate. There have have a bad record over his lifetime, than Friday, which would accommo- been a lot of high moments and low being from that State, on race rela- date our schedule for the balance of moments in that tenure. I certainly tions. next week. worked very hard, and in my position Now, people and members of the I have said, and will repeat, if there as majority leader, I learned a lot of media that had earlier been critical of is a way we can resolve whatever other lessons. As you go along, sometimes him said: No, no, no. We didn’t mean outstanding procedural questions be- you do things that Senators agree that. We never really said that. We tween now and Monday, or between with, and sometimes they do not—on take it back. Maybe he has been OK in now and Wednesday, I am certainly both sides of the aisle. I understand this area, but now our complaint is more than ready to do so. But I appre- that. something about his demeanor on the ciate at least this progress. We will But I must say that I feel about as bench that we don’t like. have more to say beginning Monday. bad about the Senate right now as I I yield the floor. have in the years that I have been But I think, once again, there are Mr. MURKOWSKI. Will the majority watching the Senate and that I have people trying to use the ghosts of the leader yield for a question? been in the Senate. I think the Senate past to keep us from rising up and Mr. DASCHLE. I will be happy to Judiciary Committee just participated looking toward the future together in a yield. in a miscarriage of justice. I am very positive way. Mr. MURKOWSKI. Assuming, Mr. much concerned about the effect it is When you have African Americans, President, the schedule of campaign fi- going to have on the Senate, and on women, and just about every Democrat nance being resolved Wednesday, is it our relationship on both sides of the in the State saying this is a good man the majority leader’s intention, then, aisle. and he ought to be confirmed, you to go back to energy? The Senate Judiciary Committee just ought to begin to ask yourself some- Mr. DASCHLE. Mr. President, the voted against the nomination of Judge thing. In fact, somebody said: Well, the Senator is correct. My hope is we can Charles Pickering from Mississippi to national NAACP said he shouldn’t be finish this bill sometime soon. It would move from the Southern District Court confirmed. However, the local people be my desire to continue to work on it of Mississippi to the Fifth Circuit within the NAACP who know him best Court of Appeals. They voted against, until we do so, with the exception, of say he should be confirmed. When as I understand, reporting out his nom- course, of the campaign finance reform asked about that, and about the re- ination unfavorably, and they voted bill. sponse of the people who know him Mr. MURKOWSKI. And, Mr. Presi- against reporting out his nomination best, one of the critic’s responses was: dent, recognizing that may be ex- without recommendation. That was well, they were duped. You don’t dupe tended, I gather the agreement is still not exactly the sequence, or exactly a lot of people when you live in Laurel, under consideration, but if it is pro- the motion. The fact is they have voted MS, on issues such as race relations. longed, do you intend to proceed and against the nomination of this very Everybody knows everybody. Every- conclude campaign finance and then fine man. body knows where you were in 1967, ultimately go back to energy? I think for the Judiciary Committee Mr. DASCHLE. The Senator is cor- to take the action as they did is very where you were in 1980, and where you rect. unfortunate and very unfair to a man I have been in the 1990s. Mr. MURKOWSKI. I thank the Chair. have known directly and personally for So I take it personally. I am hurt by I thank the leader. about 40 years. the attacks on this fine man. He does S1916 CONGRESSIONAL RECORD — SENATE March 14, 2002 feel strongly about his faith. He is a be- think it is really directed at future Su- good man. And we have demeaned the lieving Christian. He is an active par- preme Court nominees. This is a mes- institution by what has happened in ticipant in the church. He was presi- sage to the President. You send us a this instance. dent of the Mississippi Baptist Associa- pro-life conservative man of faith for Every newspaper in our State—every tion. He was president of the Mis- the Supreme Court, and we will take one—has editorialized and run news sissippi Gideon Association. care that he or she does not get con- stories about this, saying this is wrong. Is that a problem? Is that a disquali- firmed. And these newspapers are like the news fication? That is what it is really about. But I media up here, they are not exactly This is the second nomination I have also think it is a shot at this man. I your basic Republican-leaning organi- seen this year where it has looked as think it is a personal shot at me. This zations. These are Gannett newspapers, though if you feel strongly about your is a: ‘‘We will show you; you didn’t al- Thompson newspapers, the national faith—your Christian faith—that there ways move our nominees’’ payback. newspaper chains. And they rip me reg- is something suspicious about that. But, as I recall, the Judiciary Com- ularly, as they do most Republicans Whatever your faith is—I think if you mittee under the Republicans didn’t and most conservatives. But every one are committed to your faith—it should kill a single nominee during the Clin- of them, including the Clarion-Ledger not be a disqualification from office. ton years in the committee. We did de- in Jackson, MS, the Sun Herald on the One of the things I admire most about feat one of them, but we first reported Mississippi gulf coast and the North- JOE LIEBERMAN is that he feels strongly him out of the committee and then de- east Mississippi Journal have editorial- about his faith, and he goes to extra feated him on the floor with a recorded ized about how unfair, unfortunate, lengths to abide by it, even during the vote. Yes, there were some that didn’t and really dastardly this deed has been. campaign. get through the process. There were I ask unanimous consent that this I remember during the campaign of some that took a long time to get editorial from the Tupelo Daily Jour- 2000 when I came into National Air- through. nal be printed in the RECORD. port. The campaign plane of the Vice But again, I think this is payback. There being no objection, the mate- Presidential candidate for the Demo- The problem with payback is, where rial was ordered to be printed in the does it ever end? You know: We paid crats was sitting there at the airport RECORD, as follows: on Saturday. Most of us were cam- you back. You pay us back. Now we are going to pay you back. Where does it [From the Tupelo Daily Journal, Mar. 11, paigning like crazy on Saturday. But 2002] end? Is this the way for the Senate to not JOE LIEBERMAN. He was fulfilling 5TH CIRCUIT FIASCO his commitment to his faith. act? Is this the process which this body should use to confirm judges? ATTACKS ON PICKERING LIKELY TO BE So, all of this bothers me. It is an at- SUCCESSFUL tack on my State. It is an attack on Senator JOE BIDEN, in 1997, said: Hey, these nominees should not be killed in Twelve years ago, the U.S. Senate ap- the nominee’s religion. It is an attack proved Charles Pickering’s nomination for a on his positions on race, which have the Judiciary Committee. As he put it, ‘‘Everyone that is nominated is enti- federal district court judgeship unani- been inaccurately portrayed. I think mously. This week, it’s likely that President tled to have a shot, to have a hearing, this is a real tragedy I am so sorry to Bush’s nomination of Pickering to the U.S. see. and to have a shot to be heard on the 5th Circuit Court of Appeals won’t even I saw a letter in a newspaper just last floor and have a vote on the floor.’’ make it out of the Senate Judiciary Com- Where in the Constitution does it say night from an African American. I mittee. that the Senate Judiciary Committee think maybe it was a paper in New Jer- Democrats on the committee, under pres- will decide on the confirmation of sure from liberal interest groups, oppose sey. The caption of the letter was ‘‘The nominees? The Constitution says the Pickering. They’ve either bought into or al- Fruit Never Falls Very Far From the Senate is to give its advice and con- lowed the grossly distorted picture of Pick- Tree’’. This was an African American sent. That’s where Senator BIDEN was ering as an unreconstructed, Old South seg- talking about his run for Congress. I in 1997. I think a week or so ago he regationist to go unchallenged. guess he was an incumbent House It doesn’t matter that Mississippi Attor- kind of hinted at the same sentiment Member, a Democrat, and he was run- ney General Mike Moore, a well-known fig- again, particularly when you have ure in the national Democratic Party, led a ning in the primary. When he got to a straight party-line votes. particular site, he didn’t really have delegation to Washington last week in sup- But I think really, under any condi- port of Pickering and took him letters of enough equipment to put up his signs. tions, these judicial nominees should support from Democratic Gov. Ronnie When he started working and scurrying come to the floor for a vote. It does not Musgrove, Lt. Gov. Amy Tuck and former around trying to get it done, Congress- take a whole lot of time. But maybe we Gov. William Winter, himself a respected man CHARLES ‘‘CHIP’’ PICKERING need to try to find a way to work some- leader in national party circles. showed up. thing such as that out. It doesn’t matter that black political and He said: We will help you. Take some But in the meantime, it is obvious civil rights leaders in south Mississippi who of our stuff. He didn’t win, but Charles that this very fine judge has been have worked with Pickering for decades al- most uniformly support his nomination, a ‘‘Chip’’ Pickering went on to win. It is treated very badly. I think it is be- a small thing. But it tells you a lot fact confirmed when the New York Times— neath the Senate and its dignity when which editorially opposes Pickering’s con- about a man and about a man’s son. we do that to nominees. firmation—sent a reporter to Laurel to look Charles Pickering’s son worked for Judge Pickering will not be the loser. into his relationships with those leaders. me. Chip Pickering is one of the finest He is and will be revered more than It doesn’t matter that the American Bar young men I have known. He was a ever in my State. Former Governor Association, hardly a conservative bastion, missionary behind the Iron Curtain. He William Winter came up and talked has given Pickering its top rating of ‘‘highly was my legislative director, and a about him. The sitting attorney gen- qualified.’’ great legislator. He not only knew the eral came up and said: We ought to What matters is that Pickering is a polit- substance, but he knew the art of the ical and judicial conservative whose nomina- confirm him. So did the sitting Lieu- tion happens to come along at a time when possible. Senator FRITZ HOLLINGS can tenant Governor. These are all Demo- the left is looking to send a message to the tell you that we got the telecommuni- crats. president that they’ll fight him—and win— cations bill passed because of the bril- Again, this man’s stature has gone on appellate court nominees, including Su- liance of Congressman CHIP PICKERING, up, not down, in the State. And this preme Court choices. the son of this nominee. This young whole process probably greatly en- No one who has been before him in the 12 man has now worked day and night to hances his son’s stature as a Congress- years he has been on the federal bench has try to help his dad get through this un- man in the State of Mississippi. His stepped forward to say that Pickering was fair crucible—now without success. head will be high and he will be a sit- anything but fair and unbiased. Those who I feel like I failed him. I have tried to know Pickering know a man whose deep reli- ting judge. And he will handle himself gious faith—an attribute looked upon with understand: Why is this happening? with dignity and honesty, like he al- suspicion by some of his opponents—has been What is happening here? Is it just ways has. the impetus for his active role in racial rec- about this man? I don’t think so. No. I No, he is not the loser. We are the onciliation efforts in Mississippi. They also think it is a lot bigger than that. I loser. We have lost the services of a know a man whose personal character and March 14, 2002 CONGRESSIONAL RECORD — SENATE S1917 integrity has never been questioned—until tion happens to come along at a time when fortunate. But I think that we are fix- now, when the political ends apparently jus- the left is looking to send a message to the ing to see the same thing occur from tify the means in some people’s minds. president that they’ll fight him—and win— our side this time. When confronted with his support in Mis- on appellate court nominees, including Su- We cannot let stand a plan to deny sissippi among the people—Democrat and preme Court choices. Republican, black and white—who have No one who has been before him in the 12 President Bush his nominees to the known him longest and best, opponents have years he has been on the federal bench has federal courts. If they are not qualified simply said that those opinions don’t mat- stepped forward to say that Pickering was by education, by experience, if there ter, or even that Pickering has duped the anything but fair and unbiased. Those who are some ethical problems, opposition home folks. They know the real Pickering, know Pickering know a man whose deep reli- to them is understandable. Don’t move they say, and he’s a right-wing extremist gious faith—an attribute looked upon with them, don’t vote on them, don’t con- who’ll turn back the clock on civil rights by suspicion by some of his opponents—has been firm them. But if we don’t see marked decades. the impetus for his active role in racial rec- progress in general, and if we don’t see This is sheer demagoguery, made all the onciliation efforts in Mississippi. They also more deplorable because it exploits Mis- know a man whose personal character and an end to the orchestrated character sissippi’s easy-mark image to smear a man integrity have never been questioned—until assassinations, the Senate will not be who doesn’t deserve it. The only bright side now, when the political ends apparently jus- the same for a long time. I don’t mean of all this is the way so many politically and tify the means in some people’s minds. it as a threat. I mean it as a require- racially diverse Mississippians have rallied When confronted with his support in Mis- ment, and, therefore something we to Pickering’s defense. sissippi among the people—Democrat and should find a way to avoid if possible. Barring a political miracle, Pickering’s Republican, black and white—who have It is hard for me to really express the nomination appears doomed. This political known him longest and best, opponents have disappointment and the passion I feel mugging will say a lot more about the per- simply said that those opinions don’t mat- petrators than about their victim. ter, or even that Pickering has duped the about this because I am so dis- Mr. LOTT. Mr. President, I am going home folks. They know the real Pickering, appointed in how this unfair and un- to read it because it sort of sums up they say, and he’s a right-wing extremist founded episode has turned out. But I what a lot of the editorials are saying who’ll turn back the clock on civil rights by could not let this vote go unnoted or in these newspapers. decades. without a response this very night. This is sheer political demagoguery, made So I wish to begin the process by of- It is entitled: ‘‘5th Circuit Fiasco.’’ all the more deplorable because it exploits Twelve years ago, the U.S. Senate ap- fering a Sense-of-the-Senate resolu- Mississippi’s easy-mark image to smear a tion. It is a simple one. It basically proved Charles Pickering’s nomination for a man who doesn’t deserve it. The only bright federal district court judgeship unani- side of all this is the way so many politically cites the statistics of the nominations mously. This week, it’s likely that President and racially diverse Mississippians have ral- that are pending, the vacancies. There Bush’s nomination of [Judge] Pickering to lied to Pickering’s defense. are 96 current judicial vacancies. It the U.S. 5th Circuit Court of Appeals won’t Barring a political miracle, Pickering’s does talk about what has happened in even make it out of the Senate Judiciary nomination appears doomed. This political previous administrations. And all it Committee. mugging will say a lot more about the per- says is: Democrats on the committee, under pres- petrators than about their victim. sure from liberal interest groups, oppose It is the Sense of the Senate that, in the Pickering. They’ve either brought into or al- Madam President, this is an editorial interests of the administration of justice, lowed the grossly distorted picture of Pick- from a newspaper that certainly isn’t the Senate Judiciary Committee shall hold ering as an unreconstructed, Old South seg- known for endorsements, on a regular hearings on the nominees submitted by the regationist to go unchallenged. basis, of Republicans or conservatives. President on May 9, 2001, by May 9, 2002. It doesn’t matter that Mississippi Attor- So I think it sums up very well what Isn’t a year long enough to at least ney General Mike Moore, a well-known fig- has happened here. have a hearing? That is all it says, just ure in the national Democratic party, led a Now, the larger question is what does a hearing. delegation to Washington last week in sup- I do want to take a minute to thank port of Pickering and took him letters of it mean for the committee and the Sen- support from Democratic Gov. Ronnie ate? I am not going to let go of this. President Bush for nominating a fine Musgrove, Lt. Gov. Amy Tuck and former This is going to stick in my mind for a jurist in Charles Pickering and for Gov. William Winter, himself a respected long time, but I am going to try to sticking by him. I really appreciated leader in national party circles. look at from a broader perspective. the fact he had a press conference yes- Madam President, All those people There are still eight nominees pend- terday and commenting how fine a man have been leaders in trying to help ing before the Judiciary Committee he is and that he should be confirmed. move our State forward in many ways, that were sent there last May—I think The President also said it is not about including in race relations. Let me May 8 or 9—— this one man; it is about a quality sys- continue from the editorial. Mr. MCCONNELL. Ninth. tem of justice in our Federal judiciary. It doesn’t matter that black political and Mr. LOTT. May 9th for the circuit That is what has suffered here. civil rights leaders in south Mississippi who court: men, women, and minorities who AMENDMENT NO. 3028 have worked with Pickering for decades al- have not even had a hearing to date. Mr. LOTT. I ask unanimous consent most uniformly support his nomination, a Now, I realize that the majority that the pending amendment be set fact confirmed when the New York Times— changed hands in June, but these were aside, and I send an amendment to the which editorially opposes Pickering’s con- the first nominees sent up. They are desk. firmation—sent a reporter to Laurel to look some of the best intellectually quali- into his relationships with those leaders. Mr. REID. Reserving the right to ob- It doesn’t matter that the American Bar fied nominees to come before the Sen- ject. Association, hardly a conservative bastion, ate in a long time. The PRESIDING OFFICER (Ms. has given Pickering its top rating of ‘‘highly Judge Pickering who was nominated CANTWELL). The Senator from Nevada. qualified.’’ later on May 25th has endured not one, Mr. REID. Madam President, I was Madam President, this is not in the but two hostile hearings. However, the present in a conversation that the ma- article, but I will say from my stand- remaining eight nominees from May jority leader and minority leader had point, that I am always concerned that 9th have not even their first hearings. just a short time ago. It is my under- the American Bar Association looks Why not? standing that the distinguished Sen- particularly hard to find some im- It is true that district judges have ator from Mississippi will allow, if Sen- proper demeanor on the bench, or some moved along a little better. I think ator DASCHLE chooses, to offer a sec- hint of some misunderstanding of the there are over 50 court nominees now ond-degree amendment at some subse- Constitution, or some slight in a racial pending before the Senate. This cannot quent time. The majority leader has area regarding Republican nominees. continue. not yet decided. But no, not in this instance, they found I went through the same thing when Mr. LOTT. Madam President, I cer- Judge Pickering highly qualified, the I was majority leader. And there were tainly would have no objection to that. highest rating they can give a judge. complaints on the other side. A lot of That was my understanding. I think we Now reading on from the editorial: things were done by the other side to ought to have a full debate. I assume What matters is that Pickering is a polit- tie up the Senate and make it difficult the Democrats are going to vote for the ical and judicial conservative whose nomina- to get our work done. And that is un- resolution I have offered. If they have S1918 CONGRESSIONAL RECORD — SENATE March 14, 2002 something else they want to offer, fine. end up voting against that person for I will say this: If anyone ever raises Let’s have a full debate on it. Maybe whatever reason. that issue concerning any nominee, I that will begin a process that will lead I cannot appreciate the pain that the hope they will join me in protesting to some changes in the way we are minority leader feels at this moment. questioning a person’s religious belief, doing things. I hope for the best. A good and close friend of his has not which should have nothing whatsoever Mr. REID. Continuing my reserva- been successful before the Senate Judi- to do with the qualifications to serve tion, the majority leader has indicated ciary Committee, and his words, I am this country. to me and to the minority leader that sure, were heartfelt about his love for That issue never came up. To suggest he has not decided whether he wants to Judge Pickering and his close friend- he was rejected for that reason is just offer a second-degree amendment. The ship. Whatever I am about to say I wrong. There were many questions courtesy of the Senator from Mis- hope will in no way reflect negatively that were raised. Those can be ad- sissippi is appreciated. on what is clearly a strong personal dressed tomorrow, and I am certain The PRESIDING OFFICER. Without friendship between the minority leader they will be by Senator PATRICK objection, it is so ordered. The clerk and Judge Pickering. But there are two LEAHY, chairman of the Senate Judici- will report. or three points which I would like to ary Committee, and others who will The assistant legislative clerk read make so that they are clear on the comment on the activities of the com- as follows: record. mittee. I will leave that to them en- The Senator from Mississippi [Mr. LOTT] I have served on the Senate Judiciary tirely. proposes an amendment numbered 3028: Committee for 4 of the 6 years now I do want to make clear for the At the appropriate place, add the fol- that I have been in the Senate. I have record one last point. The Fifth Circuit lowing: witnessed the Senate Judiciary Com- has been a controversial circuit—it is a ‘‘SEC. . FAIR TREATMENT OF PRESIDENTIAL JU- mittee under the control of Repub- circuit that includes the States of DICIAL NOMINEES. licans, and I have seen it for the 8 Texas, Louisiana, and Mississippi—con- (a) FINDINGS.—The Senate finds that— troversial in that since 1994, no va- (1) the Senate Judiciary Committee’s pace months that the Democrats have been in control. I can tell you that the cour- cancy had been filled in the Fifth Cir- in acting on judicial nominees thus far in cuit until last year when President this Congress has caused the number of tesies that were extended to Judge judges confirmed by the Senate to fall below Pickering in terms of a timely hearing Clinton submitted the names of three the number of judges who have retired dur- were extraordinary. judges to fill vacancies to that Fifth ing the same period, such that the 67 judicial They were extraordinary because his Circuit. Not a single one of his nomi- vacancies that existed when Congress ad- first hearing was in October of last nees was even given the courtesy of a journed under President Clinton’s last term year, when this Capitol complex was hearing. Those judges were pending be- in office in 2000 have now grown to 96 judicial virtually closed down for security rea- fore the Judiciary Committee under vacancies, which represents an increase from the control of the Republican Party for 7.9 percent to 11 percent in the total number sons. Exceptional efforts were made to keep our word to Judge Pickering that an extraordinarily long period of time. of Federal judgeships that are currently va- Let me be specific. cant; he would have a full hearing. It was im- (2) thirty one of the 96 current judicial va- possible to use the ordinary buildings Jorge Rangel, nominated in July of cancies are on the United States Courts of we use, so the hearing was held in the 1997, was returned in October of 1998. It Appeals, representing a 17.3 percent vacancy Capitol Building. Many of us stayed sat before the Senate Judiciary Com- mittee under the direction of the Re- rate for such seats; over to give him his opportunity for (3) seventeen of the 31 vacancies on the publican Party for 15 months with no testimony. Courts of Appeals have been declared ‘‘judi- action taken. An effort to fill this va- cial emergencies’’ by the Administrative Of- At that hearing, it was established that he had some 1,000 or 1,200 unpub- cancy in the Fifth Circuit and the fice of the U.S. Courts; nominee was never even given the (4) during the first 2 years of President lished opinions as a Federal district courtesy of a hearing. Reagan’s first term, 19 of the 20 circuit court court judge, and we made it clear we Enrique Mareno, nominated by Presi- nominations that he submitted to the Senate wanted to review those before making dent Clinton in September of 1999, re- were confirmed; and during the first 2 years a final decision. So a second hearing nominated in January of 2001, was fi- of President George H. W. Bush’s term, 22 of was scheduled. And as soon as those the 23 circuit court nominations that he sub- nally withdrawn in March of 2001; 17 had been reviewed, that hearing was mitted to the Senate were confirmed; and months pending before the Senate Ju- during the first 2 years of President Clin- held in February. The hearing went on diciary Committee; never given the ton’s first term, 19 of the 22 circuit court for the better part of a day under the courtesy of a hearing. nominations that he submitted to the Senate chairmanship at the time of Senator Alston Johnson, nominated April of were confirmed; and FEINSTEIN of California. 1999, finally, his name was withdrawn (5) only 7 of President George W. Bush’s 29 Judge Pickering was given complete 23 months later—never even given the circuit court nominees have been confirmed opportunity to explain his point of to date, representing just 24 percent of such courtesy of a hearing in the same Fifth view and to answer all questions—an- Circuit. Now, the minority leader nominations submitted to the Senate. other timely hearing. That led to the (b) SENSE OF THE SENATE.—It is the Sense comes before us and says all of the of the Senate that, in the interests of the ad- decision today on Judge Pickering’s nominees of President Bush as of last ministration of justice, the Senate Judiciary nomination to the Fifth Circuit Court year have to receive immediate hear- Committee shall hold hearings on the nomi- of Appeals. ings before this committee. nees submitted by the President on May 9, I could go into detail, but I will not, Well, let the record reflect that the 2001, by May 9, 2002. about why I voted against Judge Pick- action taken today on Judge Pickering Mr. LOTT. Madam President, I yield ering. There was one point that was was the 43rd Federal judge who has the floor. raised by Senator LOTT as minority been considered by the Senate Judici- The PRESIDING OFFICER. The Sen- leader which I must address. It is a ary Committee since control of the ator from Illinois. point that, frankly, should not be left Senate passed to the Democrats. More Mr. DURBIN. Madam President, I unresolved on the floor of the Senate. Federal judges have been reported out would like to respond very briefly to Until Senator LOTT came to the floor of the Senate Judiciary Committee the minority leader’s comments. and announced the religious affiliation under Chairman PAT LEAHY, a Demo- I am a member of the Senate Judici- of Judge Pickering, I had no idea what crat, with a Republican President in ary Committee. Let me say at the out- it was. No question was ever asked of the White House, than in 4 of the years set that one of the most painful assign- Judge Pickering about his religious af- that the Republicans controlled the ments I have found serving in Con- filiation—none whatsoever. Nor in any Senate Judiciary Committee and Presi- gress, particularly in the Senate, is to private conversation with any member dent Clinton, a Democrat, was in the stand in judgment of another person. of the committee was that subject ever White House. We are called on to do that regularly in raised. To suggest that anyone on this To suggest we are blocking and stop- the advice and consent process. It is committee voted against Judge Pick- ping the efforts of the President to fill never easy, particularly when there is ering because of his religious belief is judicial vacancies is just wrong and not controversy and particularly when you just wrong. supported by the facts. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1919 Let me add one last thing. To suggest excellent legal and academic creden- Administration. Of those 48 left hang- this is some discriminatory action tials, of the highest integrity and with ing, I can match the Senator from Illi- against people who live in the Fifth moderate political views, have a nois and every other Democrat person Circuit is wrong as well. The fact that chance to serve. for person, and much more, with de- Judge Pickering was from Mississippi, Mr. HATCH. Mr. President, if that is cent, honorable, wonderful people who frankly, had no relevance as far as I treating a person good, I would hate to just didn’t make it through. But you was concerned. Just last year, Judge see one who is treated badly, is all I haven’t heard us come to the floor Edith Clement of Louisiana, nominated can say. I am going to talk a little every day, or in the Judiciary Com- by President Bush to fill a spot on the about Judge Pickering before I am mittee every day, talking about how Fifth Circuit, was approved in record through. badly they were treated, even though time by a unanimous vote on the Sen- I have been hearing comments about they were treated badly. People like ate Judiciary Committee and a unani- how badly the Clinton nominees were John Roberts, one of the greatest ap- mous vote on the floor of the Senate. treated. Lately, I have heard Demo- pellate lawyers in the history of the For the record, so there is no doubt crats suggesting that their treatment country. about it, Judge Edith Clement was con- for Bush nominees is payback for how Think of that—382 for Reagan, the servative, a Republican, and a member I treated Clinton nominees when I was all-time champion, with the opposition of the Federalist Society, and none of chairman. party in the minority for 6 of those those things slowed down the consider- I want to take a moment to defend years, and 377 for Clinton, with the op- ation of her nomination by the Judici- my record on Clinton nominees. I first position party in the majority for 6 of ary Committee. We gave Judge Clem- want to state that President Clinton those years. Comparing the number ent her opportunity to serve, and we got 377 Federal judges confirmed dur- confirmed to the number nominated, gave President Bush his nominee in ing the time I was either ranking mem- President Clinton enjoyed an 85 per- record time. We extended courtesies to ber or chairman of the Judiciary Com- cent confirmation rate on the individ- Judge Clement which were denied con- mittee. That is a number which is only uals he nominated. sistently by the same Committee under 5 short of the all-time record that Ron- There were only 68 article III Judi- Republican leadership when President ald Reagan had of 382. President Clin- cial nominees who were nominated by Clinton was in the White House. ton would have had 3 more than President Clinton, in all of his 8 years, So I think the record has to be clear Reagan—385—had it not been for Demo- who did not get confirmed. Of those, 3 in terms of where we stand and where crat holds and objections on this floor. were left at the end of the 103rd Con- we are going. I am troubled that we Keep in mind President Reagan had 6 gress, when the Democrats controlled have reached this impasse, and I hope years of a favorable Republican Senate. the Senate. That leaves 65. Of those, 12 we can find our way through it. But I President Clinton had 6 years of the op- were withdrawn by the President, leav- hope the record will be clear as we go position party Senate, where I was ing 53. Nine were nominated too late through this consideration. For those chairman, and he still got that many for the Congress and committee to act who have argued that someone called judges through. on them or they were lacking paper- Judge Pickering a racist, I have not By the way, to talk in terms of the 2 work. That leaves 44. Now, 17 of those heard that word used in reference to or 3 people I have been hearing about lacked home State support, which was Judge Pickering, and repeatedly, on all day who did not get hearings, think often the result of a lack of consulta- both sides of the table, Democrat and of the 54 who were left hanging when tion with home State Senators. There Republican, today in the Senate Judi- Bush I left office—54 Republicans. was no way to confirm them without ciary Committee, that conclusion was Terry Boyle, who has been renomi- ignoring the senatorial courtesy that rejected. I personally reject it. I don’t nated by President George W. Bush, we afford to home State Senators in believe Judge Pickering is a racist. I has been sitting in committee since the nomination process. That left 27. believe if you look at his personal his- May 9. John Roberts, about whom I had One nominee was defeated on the floor, tory, you will find he did things in the a conversation with one of the Jus- which leaves only 26 remaining nomi- fifties and sixties in Mississippi which tices—and he said John Roberts is one nees. he personally regrets, and said as much of the two greatest appellate lawyers Of these, some had other reasons for to the committee. appearing before the Supreme Court not moving that I simply cannot com- Let me be honest. We have all done today—has been sitting there since ment on because of the security of the things in our lives that we regret. It May 9. Both were first nominated by committee. So in all 6 years I chaired should not be held against him, and it President George H.W. Bush, and were the committee, while President Clin- wasn’t. 2 of the 54 nominees that the Demo- ton was in office, we are really only He has also done exceptionally good crats left hanging at the end of his Ad- talking about 26 nominees who were things in the area of civil rights, and ministration. left hanging. that was made a part of the record as I admit 6 nominees were put up so During the first Bush administration, well. Judge Pickering was judged on late that, literally, nobody could have when the Democrats controlled the the basis of his service on the Federal gotten them through. So say 48 were committee, 59 nominees were not con- district court bench. Good people can left hanging. Compare that to when firmed. I don’t know the reasons for all reach different conclusions about President Clinton left office. By the of those. There probably were some. whether or not his service merited a way, when Bush I left office, there were But if you look at those 59 nominees promotion to the appellate court. A 97 vacancies, and 54 were left hanging— and subtract the 1 who was withdrawn, majority of the Judiciary Committee but we can reduce it to 48 because of that leaves 58 Bush I nominees who today adjudged that it did not. the 6 who were probably nominated too weren’t confirmed over the course of 4 I am not going to take any more late. When President Clinton left of- years. If you take the 65 Clinton nomi- time, other than to say it is an unfor- fice, there were 67 vacancies—30 less nees who were not confirmed over my 6 tunate outcome for a close friend of the than when the Democrats held the years, and take away the 12 who were minority leader, but I think the com- committee, when George Bush the first withdrawn, that leaves 53. mittee treated him with courtesy, was President. There were 41 nominees So at the end of the day, even sub- treated his nomination with dispatch, left hanging when Clinton left office. tracting only the withdrawn nominees, and gave him every opportunity to Of the 41, there were 9 put up so late there were only 53 Clinton nominees present his point of view. He was given that it was a wash; in other words, it the Senate didn’t act on in the 6 years better treatment by this committee was just to make it look good. They I was chairman, while the Democrats than many of the nominees submitted could not have gotten through no mat- allowed 58 nominations to perish in the by the Clinton White House. I think ter who tried. committee in only 4 year’s time. Do that shows we are going to start a new In essence, there were 32 nominees not tell me they were abused. That is day when it comes to the Judiciary left hanging at the end of the Clinton part of the process. Some of these peo- Committee. We want to work with the Administration versus 48 who were left ple we do not have time to get through. White House so that people who have hanging at the end of the first Bush There are reasons why they cannot get S1920 CONGRESSIONAL RECORD — SENATE March 14, 2002 through—for a number of them, for in- This is despite the fact that President Taking numbers by the end of each stance, there is not support of home Bush nominated Miquel Estrada and Congress, a Republican-controlled Sen- State Senators. John Roberts, who have not yet been ate has never—never—left as many cir- Of those 41 nominees left at the end given a hearing and whose nominations cuit court vacancies as currently exist of the 106th Congress, 1 was eventually have not seen the light of day since today. At the end of the 104th Congress, confirmed in the 107th Congress. they were nominated better than 300 the number was 18. At the end of the Twelve lacked home State support or days ago. There is simply no expla- 105th Congress, that number was 14, had incomplete paperwork. That leaves nation for this situation other than and even at the end of the 106th Con- only 20 nominees who did not go for- stall tactics. gress, a Presidential election year, that ward at the end of the Clinton adminis- The Senate Democrats are trying to number was only 25. Today there are 31 tration. create an illusion of movement by cre- vacancies in the circuit courts. There were 41 Clinton nominees left ating great media attention concerning Despite all the talk, and lack of ac- in committee at the end of the 106th a small handful of nominees in order to tion, the unmistakable fact is that Congress when Clinton left office. make it look like progress. there is a circuit court vacancy crisis When Bush left office, there were 54 Some try to blame the Republicans of 31 vacancies, which is far higher nominees left in committee, as I said. for the circuit court vacancy crisis. than the Republicans ever let reach, So the argument that this all began be- That is complete bunk. Look at the and the current Senate leadership is cause the Republicans were unfair to record. doing nothing about it. Actually, I Clinton nominees is simply untrue. We Some have suggested that 45 percent should correct myself. They are doing were not. I was more fair to Clinton in of President Clinton’s circuit court something about it. They are making confirming nominees than the Demo- nominees were not confirmed during it grow even larger. They have acted crats were to President George H.W. his Presidency. That number is a bit of with a deliberate lack of speed, and Bush. Enron-ization. It is inflated by double that is something the American people I also heard the allegation that Re- counting individuals who were nomi- do not deserve. publican inaction during the Clinton nated more than once. Having said this to set the record Presidency is to blame for the current For example, by their numbers, Mar- straight, there are always a few nomi- vacancy crisis. This is untrue. There sha Berzon, who was nominated in the nations that have a difficult time were only 67 vacancies at the end of the 105th Congress and confirmed in the whether the Republicans or Democrats 106th Congress. Today there are nearly 106th Congress, would count as 2 nomi- are in control. I have to admit, I wish 30 more vacancies; 96 after almost a nations and only 1 confirmation. If you I could have gotten a few more through year. Madam President, 11.2 percent of remove the double counting and count when I was the committee chairman, the Federal judiciary is vacant. At the by individuals, without counting with- but everybody who knows, who really end of my tenure as chairman during drawn nominees, President Clinton watched the process, knew that I the Clinton Presidency, that rate was nominated 86 individuals for the circuit pushed people through, against the only 7.9 percent. courts and only 21 were not confirmed. wishes of a significant number of out- We are in the middle of a circuit That is 24 percent as opposed to 45 per- side people. I told a number of the con- court vacancy crisis, and the Senate is cent. servative groups to get lost because doing virtually nothing whatsoever to Of those 21 nominees who were not they were basically distorting the judi- address it. confirmed, 9 lacked home State sup- cial process. There were 31 vacancies in the Fed- port, one had incomplete paperwork, Having said all that, let me talk eral courts of appeals when President and another was nominated after the about Charles Pickering because I am Bush sent us his first 11 circuit nomi- August recess in 2000. That leaves 10 disappointed in what happened today. nees on May 9 last year, and there are circuit court nominees who did not re- The real problem that many of the in- 31—the exact same number—today. We ceive action, some of which had issues terest groups have with Charles Pick- are making no real progress. I cannot discuss publicly. ering is he does not think as they do. Eight of President Bush’s first 11 As I said, there are currently 31 cir- These groups want to impose an ideo- nominees have not even been scheduled cuit court vacancies. During President logical litmus test on judicial nomi- for hearings, including John Roberts Clinton’s first term, when Republicans nees. They will mount a campaign and Terry Boyle (both of whom were on controlled the Judiciary Committee, against any nominee who does not the nomination schedule of the first circuit court vacancies never exceeded agree with their position on abortion, President Bush but who did not get a 21 at the end of any year. civil rights, and a host of other issues, hearing back then). This time around, There were only 2 circuit court nomi- and they will try to label anyone who they have been pending for 309 days as nees left pending in committee at the disagrees with them as an extremist of today. All of these nominees re- end of President Clinton’s first year in who is out of the mainstream. But the ceived qualified or well-qualified rat- office. In contrast, 23 of President key here is that a nominees’s personal ings from the American Bar Associa- Bush’s circuit court nominees were or political opinion on such issues is ir- tion. pending in committee at the end of last relevant when it comes to the con- A total of 22 circuit court nomina- year. firmation process. tions are now pending for those 31 va- At the end of President Clinton’s sec- The real question is whether the cancies, but we have confirmed only 1 ond year in office, the Senate had con- nominee can follow the law, and Judge circuit judge this year and only 7 since firmed 19 circuit judges, and there were Pickering has certainly proved that he President Bush took office. only 15 circuit court vacancies. can. Judge Pickering has demonstrated The Sixth Circuit is half-staffed, with In contrast, today, in President an ability to follow the law. This is re- 8 of its 16 seats vacant. That is a crisis. Bush’s second year, the Senate has flected in his low reversal rate of a half They cannot function appropriately. confirmed only one circuit court nomi- percent during his decade-plus tenure This crisis exists despite the fact we nee, and there are 22 pending, and 17 of as a district court judge. have seven Sixth Circuit nominees those are considered emergency posi- Although I have heard some of my pending motionless before the Judici- tions. colleagues complain about his 26 rever- ary Committee right now. At the end of 1995, my first year as sals, let’s put this in context. Judge Although the Michigan Senators are chairman, there were only 13 circuit Pickering in his nearly 12 years on the blocking 3 of those nominees by not re- court vacancies left at the end of the Federal bench handled 4,000 to 4,500 turning blue slips, the other 4 are com- year. At the end of 1996, the end of cases. pletely ready to go. All have complete President Clinton’s first term and in a In all of those cases, he has been re- paperwork, good ratings by the ABA, Presidential election year, there were versed only 26 times. This is a record to and most importantly, the support of 21 vacancies, only 1 higher than the be proud of, not a reason to vote both home State Senators. number the Democrats left at the end against him. The DC Circuit is two-thirds staffed of 1993 when they controlled the Senate I suspect many of my colleagues’ with 4 of its 12 seats sitting vacant. and Clinton was President. misperceptions about Judge March 14, 2002 CONGRESSIONAL RECORD — SENATE S1921 Pickering’s record as a district judge only 26 times. This means his reversal the Civil Rights Division, we had ef- stem from the gross distortion of that rate is roughly one-half of 1 percentage forts to paint that as a tremendous vio- record by the liberal special interest point and is lower than the average re- lation of ethics. Hardly. Hunger does groups. For example, one often-cited versal rate for Federal district court not even remember the conversation area of concern is Judge Pickering’s judges in this country. and is one of the strongest supporters record on Voting Rights Act cases, but Despite this impressive career, Judge of Judge Pickering, a Democrat from the bottom line is that Judge Pick- Pickering had become the target of a the Clinton Administration Justice De- ering has decided a total of three of smear campaign instigated and per- partment. He is very disappointed with those cases on the merits: Fairley, Bry- petrated by liberal Washington interest what happened to Judge Pickering’s ant, and Morgan. None of these cases groups and lobbyists with their own po- nomination. was appealed, a step that one can rea- litical agenda, some of whom called There are other things I would like sonably expect a party to take if it is him, in essence, a racist. These groups to say, but I know my colleague would dissatisfied with the court’s ruling. painted a caricature of a man that like to speak. I will close with this: I Moreover, the plaintiffs in the bears little resemblance to reality, all am sorely disappointed with the vote Fairley case, including Ken Fairley, in the name of attempting to change on Judge Pickering’s nomination. I am former head of the Forrest County the ground rules for the judicial con- sorely disappointed with the way these NAACP, have written letters in support firmation process and impose their po- outside groups tried to paint Mis- of Judge Pickering’s nomination. litical litmus test for all of President sissippi as the old South, prejudiced, Judge Pickering’s qualifications are Bush’s judicial nominees. rotten, acting in ways that fly in the also reflected in his ABA rating, which We are now seeing the same thing face of civil rights, when there have some members of the committee have starting with another circuit court of been so many strides made, part of referred to as the ‘‘gold standard’’ in appeals nominee, D. Brooks Smith, them made because of the efforts of evaluating judicial nominees. The with the same type of approaches they Judge Charles Pickering. ABA, of course, rated Judge Pickering have used against Judge Pickering. I do not understand this type of well qualified for the Fifth Circuit. We had a number of Senators say thing. In each case in which a nominee I also find it ironic that many of the they voted against Judge Pickering be- was stopped in Committee, I have won- complaints Judge Pickering’s oppo- cause of his 26 reversals, some of which dered why they were stopped. nents have lodged against him pertain they considered questionable in the I do not live in Mississippi, but I feel to events that occurred before he be- areas of voting rights, in the area of for the people of Mississippi because came a Federal district court judge, a civil rights, in the area of prisoners’ this action today, it seems to me, is a position for which he was unanimously rights, and in the area of employment condemnation of a State that does not confirmed by both this committee and rights. We blew those arguments away deserve it, and a condemnation of a the full Senate. today because we cited nearly every Federal judge who went through the The way liberal special interest case about which they are complaining. Senate the first time unanimously, groups are working and have worked to They claim Judge Pickering did not who has served well for nearly 12 solid change the ground rules on judicial follow settled law, and we showed that years, and who now has a reputation confirmations is evident in the nomi- there was not settled law in many of besmirched because of what I consider nation of Charles Pickering for the those cases. to be phony allegations which should We did not hear those cases really ar- Fifth Circuit Court of Appeals. This is never have been accepted. gued today from the principal people a gentleman who had overwhelming I am disappointed. But unfortu- who argued them before. They could support in his home State of Mis- nately, that is the way it is around not. So what did we hear an argument sissippi from Democrats and Repub- here. I hope we do not have to put up on? The Swan case. Now what was the licans alike, from the Democrat attor- with much more of this in the future. Swan case? The Swan case the case of ney general of the State, and from I notice my colleagues want to speak, a cross burning on the lawn of an Afri- prominent members of the African- so I yield the floor. can-American family. American community. The PRESIDING OFFICER. The Sen- I might mention that is a vicious, ator from Nevada. Those who know Judge Pickering rotten, lousy thing for anybody to do. well know he has worked to improve Mr. REID. Madam President, it is my Of the three boys who did it, one of understanding the Senate is still on S. race relations in Mississippi. For exam- them was a vicious racist who had shot ple, he testified against the Imperial 517; is that right? into the house with a gun. Because two The PRESIDING OFFICER. The Sen- Wizard of the KKK for firebombing a of them cooperated, the Justice De- civil rights activist in Mississippi in ator is correct. partment prosecutors gave them basi- Mr. REID. The Senator from Arizona 1967, at great risk to both himself and cally a giveaway, easy sentence. The is still present. It is my understanding his family. He hired the first African- third was absolutely drunk at the time. he is not going to offer his amendment American Republican political worker He had not shot into the home, he had tonight. Is that right? in Mississippi in 1976; represented a not issued any racist comments, but he Mr. KYL. Yes. black man falsely accused of robbing a was with them. He did not think he did f 16-year-old white girl in 1981 and won anything wrong. He contested the case, the case for him; chaired a race rela- lost, and under the mandatory min- MORNING BUSINESS tions committee for Jones County, imum he had to be sentenced to 7 Mr. REID. Madam President, I ask Mississippi, in 1988; served on the board years. unanimous consent that the Senate of the Institute of Racial Reconcili- The judge did not think that was now proceed to a period for morning ation at the University of Mississippi right, that the other two really were as business with Senators allowed to since 1999; and worked with at-risk Af- or more culpable, and when he looked speak therein for a period not to exceed rican-American youth in Laurel, Mis- and found out that this young man had 10 minutes. sissippi, in 2000. never made a racist comment and he The PRESIDING OFFICER. Without I have to say I was pleased that my was drunk at the time, he thought it objection, it is so ordered. colleagues on the other side said they was a tremendous injustice. So what he f do not believe he is a racist and they did was he complained to one of his do not believe that such a case can be friends, Frank Hunger, who was with NOMINATION OF CHARLES made, and they were disappointed that the Justice Department at the time, PICKERING some tried to make it. but not at the Civil Rights Division at The PRESIDING OFFICER. The Sen- I say, in addition, Judge Pickering the Civil Division. Swan still got a sen- ator from Alabama. has compiled an impressive record as a tence of 27 months, a fairly long time Mr. SESSIONS. Madam President, Federal district court judge. During his when his two co-defendants got only one of our colleagues earlier, in talking more than 11 years on the bench, he home confinement and probation. about the Pickering nomination, has disposed of an estimated 4,000 to Because he talked to Frank Hunger, talked about the difficulty of making 4,500 cases, but he has been reversed who was with the Civil Division, not judgments. Of course, that is what they S1922 CONGRESSIONAL RECORD — SENATE March 14, 2002 pay us to do. It is sometimes difficult. about. I know how deeply the passions lawyer said that Judge Pickering is a But what is really important for us to and feelings were running. fair man and that Judge Pickering be sure of is that the judgment we In Laurel, there was a trial of a treated employment cases fairly in make is our own, independent judg- Klansman who was involved in a mur- court. ment, made with integrity, and not in- der. Judge Pickering, in the 1960s, Why would we want to even continue fluenced by unfair charges or pressure signed a warrant for his arrest in that to talk about that issue after that mat- from groups outside the Senate. murder. ter is raised? But still people do. I think a nominee is entitled to that. Another case involved a head of the There were other complaints. They If charges are made against a nominee, Ku Klux Klan in that area. It was a said he had asked lawyers to write let- we ought to hear about them. We ought tense case in a tough time. Something ters on his behalf and that this some- to find out if they are correct. Maybe needed to be done to send a signal to how violated ethics. We had a professor delay the vote and have another hear- that jury that good men and women, in who said this was ambiguous at best, ing, if that is what is required, so be it. Laurel, MS, knew that he ought to be and cited histories going back to But when the nominee can show that convicted of the crimes he committed. Learned Hand, where judges got letters the charges against him in case after Judge Pickering volunteered and tes- written on behalf of nominees. So I case after case after case are not justi- tified as a character witness against don’t think that was the matter. fied charges, and there are perfectly that defendant, saying that he had a They said he had them given to him. good and sound reasons for the actions bad reputation for violence in the com- The Department of Justice asked him he has taken, that his words are being munity. Nobody, I am sure, relished to collect the letters and have them taken out of context, outside the nor- having to do that task at that time. sent up. The U.S. Department of Jus- mal bounds of any kind of fair criti- Sure enough, the next election, he lost tice asked him to collect those letters cism, when he can explain that in mat- that election. And the Klan bragged and send them forward. It was during ter after matter after matter that the that was the reason, that they got the the time of the anthrax scare, when the charges are untrue, I believe the mem- man who went against them. mail was shut down. They wanted him bers of the Senate Judiciary Com- That is his background. He has a su- to be sure to collect them all so they mittee ought to listen to that. Sen- perb legal mind. He finished at the top could be sent straight to the Depart- ment of Justice so they could be dis- ators should not allow friends from the of his class at the University of Mis- seminated to those of us in the Senate outside, who have an agenda and a sissippi. A man, faced with difficult who needed to know about it. commitment to defeating a nominee times, was on the right side of the issue. I am, frankly, concerned for about who they have picked as the person the suggestion that there is an unfair- they want to go after, to control the We had Charles Evers, the brother of Medgar Evers, the slain civil rights ness, or an excessive conservative bent situation and, in effect, cast a vote in on the Fifth Circuit Court of Appeals. these matters. That is what I am con- worker in Mississippi visit members of the Judiciary Committee. He came up The Fifth Circuit is one of the great cerned about. circuits in America. It has consistently Judge Pickering came before our here on Judge Pickering’s behalf and spoke strongly and passionately for had some of the great judges in Amer- committee. He was a superb witness. ica. I just had the honor to participate He testified with integrity, with skill, him. As did an African-American judge. As did others who came. By the way, I in the swearing in of Ginny Granade, with understanding. He is a man I be- the granddaughter of Judge Richard lieve the committee related to well. I think 26 out of 26 living Presidents of the Mississippi Bar Association en- Reeves on the old Fifth Circuit to a was very impressed with his testimony, Federal judgeship in my hometown of his whole history as a lawyer and as a dorsed Judge Pickering. But this group came here. I asked them, each one of Mobile. She worked for me for 12 years judge and as a human being. I thought, when I was U.S. attorney there. She is them: During the 1960s and into the what a wonderful presentation he one of the finest people I know. She has 1970s, when civil rights was really a made. But it seemed not to have never been political in any way. She matter of some courage in the South, changed a single vote. was confirmed and is now serving was Judge Pickering on the good guys’ When point A was knocked down, we there. But the old Fifth Circuit and the side or the bad guys’ side? They all said would go to point B, and when that was Fifth Circuit today is a great circuit. It he was on the right side. He was on the knocked down, to point C. Finally, we has a good record of being affirmed by good guys’ side. He took actions to ended up with the most weak excuses, the U.S. Supreme Court. weak reasons that I do not believe rise reach out and to build harmony and he We have had some concerns about the to the level, in any way, that would believed that is important. Ninth Circuit Court of Appeals, I will justify rejecting this fine man. He, in fact, serves now as co-chair- admit. I have raised that issue on occa- He finished No. 1 in his law class at man—or did until recently—with sion. One year the Ninth Circuit had 27 the University of Mississippi School of former Governor Winter, a Democrat of out of 28 cases that went to the Su- Law, an excellent school of law. He de- Mississippi, on the Ole Miss Commis- preme Court of the United States re- cided to go back home where his family sion to Promote Racial Harmony. He versed. Year after year—one year it were farmers, in the dairy business, in was chosen to be co-chairman of that was 13 out of 15. The Ninth Circuit has Laurel, MS. commission. the highest record of reversals of any Some suggested he did a lot of things Oh, but they say we didn’t accuse circuit in America by far. The Fifth in the past, in the 1960s, of which he him of being a racist. He is hostile to Circuit is nowhere close. wasn’t proud. They said over and over employment cases. So Senators HATCH I opposed, I will admit, two nominees again, with great unctuousness: We and DEWINE went through all the em- to the Ninth Circuit. But they were don’t think he’s a racist. We are not ployment cases that he dealt with, de- confirmed. saying he’s a racist. But he is a south- lineated the two, I believe, that were I would have to add, however, that erner, you know, from Laurel. We have reversed on matters unrelated to the my concerns have been a bit validated some complaints up here in Wash- merits, really, of employment cases. I in that Judges Paez and Berzon, the ington about him. also point out in the state of Mis- two I did vote against, those two What did his record look like? In the sissippi, there are a group of lawyers judges on separate occasions have evis- 1960s, things were not easy in Laurel, who specialize in employment cases cerated and declared unconstitutional MS. Having grown up in the rural representing plaintiffs who sue to get the ‘‘three strikes and you are out’’ law South, I know that. I know a lot of peo- their jobs back or for damages for mis- in the State of California which the ple made choices they are very greatly treatment. The top plaintiffs’ lawyer in State supreme court, which is not a disappointed that they made, many Mississippi, who practiced before Judge conservative court had previously years ago. A lot of us should have been Pickering many times, wrote an op-ed upheld. more alert to fighting more aggres- in the Mississippi paper. Not just a let- I will just note that was discretion. sively for civil rights than we were. I ter, he wrote an op-ed in the paper with Perhaps there was a legal basis for was in high school in those years and I his name on it, saying Judge Pickering those reversals of the important Cali- remember the debates that came should be confirmed; the plaintiffs’ fornia habitual offender law. Maybe the March 14, 2002 CONGRESSIONAL RECORD — SENATE S1923 law needs to be changed by the legisla- tions. He had just witnessed the defeat There was a suggestion that he had ture. But judges ought to be reluctant in the Senate Judiciary Committee of collected some letters to support him to be whacking out long-established his candidate for the Fifth Circuit and that it was unethical. There is no State law of this kind. I am interested Court of Appeals from his State of Mis- ethics provision that says that one way in studying those cases. sissippi. The President had nominated or the other. As a matter of fact, none At any rate, I believe we had a good this fine man, Judge Thomas Pick- of us can stand up and say, yes, or, no, process in the last 8 years of President ering. The judge currently sits on the it wasn’t. But I think had a decision Clinton. In 8 years, 1 judge was voted Federal district court. President Bush been made on that basis alone, it would down—1 judge was voted down in 8 nominated him to serve on the Fifth have been extraordinarily unfair. years—and 377 judges were confirmed. Circuit. The American Bar Association, When President Clinton left office, The minority leader had witnessed which rated Judge Pickering well there were only 41 judges nominated his defeat in the committee just a few qualified, considered all of these mat- and pending unconfirmed. moments before and expressed himself, ters, obviously. Certainly, the Amer- When former President Bush left of- I thought, quite eloquently, without ican Bar Association’s imprimatur of fice, on the other hand, in 1992, there anger but with a great deal of sadness. qualification has been one of the stand- were 54 judges nominated and I share that sadness tonight because I ards most of the members on the ma- unconfirmed. think a very fine man has been ill jority side have held up as justifying a It is clear that at least 13 fewer treated. vote for or against a nominee. When judges were pending when Senator Some of my colleagues have said the the ABA says this candidate is quali- HATCH chaired the committee and the process was fair. And I don’t argue that fied, it is a little hard for me to justify Republicans left office than when the the process was unfair. But what I an assertion that somehow he was un- Democrats controlled the Senate and argue was unfair was the characteriza- ethical because he collected letters of President Bush left office—a very simi- tion of the man. It was done so that support on his behalf and presented lar circumstance. I think it is impos- there would be a reason to vote against them to the full Senate. sible to say that President Clinton’s him. There was an argument made that he judges were abused. As I will point out in a moment, I had done a lot of reversals. I heard that With regard to the historic right of think the real reason there were objec- for several weeks. This morning before Senators to refuse to submit the blue tions to Judge Pickering was that he the committee, Senator HATCH de- slip, giving home State Senators, in ef- was a conservative from Mississippi bunked that totally. The reversal rate fect, an ability to block nominees in nominated by President Bush. There is good by any standard. If you take their home States, that did slow down were too many groups on the outside. the total number of cases, it is far some of the nominees and keep them Yes, I do think they had some influ- below the average judge. If you take from being confirmed. Whether those ence with Members of the Senate and the number of appeals, it is below the Senators were right or not, I don’t characterized him as an extremist, as average judge. If you are going to say how his record know. But it is a power we have always out of the mainstream, and therefore it stands up against all other judges, he is held. became difficult for some Senators to much better than the average Federal Let me say this: Do the Democrats in vote for him. I wish to make it clear that this was judge. the Senate say this is an abuse of The reversal rate—25 out of some not a vote by the Senate. For those power and ought to be reduced, and it 5,000 cases—is hardly a reason to vote who might be watching, what happened is something that ought not be allowed against him. That was debunked. to go forward? No, they do not. They today was the Senate Judiciary Com- This morning, I heard that the rea- are now pushing to expand the power of mittee voted along party lines to de- son one Senator was voting against the home State Senators beyond what feat his nomination. The majority him was that the nomination was so we have had in the past to block nomi- would not agree to send him to the controversial that it was polarizing. nees. Senate, as has been done in a few cases, I must say, it is a little like saying, I am very sad for the Pickering fam- without a recommendation, or even don’t you stick your chin out at me or ily, and the young CHIP PICKERING, the with a negative recommendation. The I will hit you, and you will have start- Congressman from Mississippi. He is reason is that had he come to the full ed a fight. It is hard for me to figure one of the very finest Members of the Senate for consideration, because of this one out because some outside House of Representatives. He loves his the expressions of support by some groups object to a candidate, create a father. It was painful for me to see him members of the majority party, it is fuss and a stir about the candidate, and have to sit through all of that today. clear he would have been confirmed. the candidate, therefore, becomes con- But he is a strong young man. His fa- They were unwilling to let the full Sen- troversial. We are supposed to vote ther has a great record. He has served ate vote on him so that he could be against him? There have been a lot of well. I am sure he too will bounce back confirmed. controversial people in history. from this. There is a question about the advice I cited this morning people such as I yield the floor. and consent clause of the Constitution Martin Luther King, Jr., Sir Thomas The PRESIDING OFFICER (Mr. DAY- which speaks to the advice and consent More, and Justice Hugo Black. History TON). The Senator from Arizona is rec- of the Senate being exercised by just 10 is replete with great people who were ognized. members of the Judiciary Committee. I indeed controversial. In fact, it took Mr. KYL. Mr. President, I would like think that perhaps is the right of the courage to stand up for them at the to address the Senate in morning busi- majority on the Judiciary Committee. time that they were controversial. But ness. But I am not necessarily certain—at they were right. And the people who The PRESIDING OFFICER. Without least certain in some cases—that it is stood with them at the time have been objection, it is so ordered. the right thing to do. It was not a full validated in their view of what was f Senate vote that defeated Judge Pick- right, and in their courage. ering; it was just the committee. It seems to me as constitutional offi- THE NOMINATION OF JUDGE The unfair characterization of Judge cers we have an obligation to follow THOMAS PICKERING Pickering was designed to find some our constitutional duty and make our Mr. KYL. Mr. President, I heard the reason or some rationale for voting decision based on whether a person is distinguished minority leader speak a against him. qualified or not, not based upon wheth- couple of hours ago on behalf of the Why do I say that? er that person is controversial. resolution which he submitted to the There were a lot of different charges: There is also a very significant un- Senate for its consideration, and hope- One, that he was a racist. No Senator dercurrent of retribution. Hardly any fully a vote perhaps Tuesday of next was ever willing to stand up to make conversation about Judge Pickering week, in which he called for moving that charge. There were cases cited. could occur without members of the forward in a way that was less politi- But nobody was ever willing to make majority party saying: And let us re- cized with respect to judicial nomina- that charge. mind you of all of the judges who were S1924 CONGRESSIONAL RECORD — SENATE March 14, 2002 treated unfairly when Republicans they were liberal. They were liberal. that he is not going to be, at least for were in power in the Senate and Presi- And I did not like that. And they have now, confirmed to the circuit court. dent Clinton was the President. added to liberal courts. But, again, he But I do think we can learn from this Only one judge was defeated on the was elected President, not me. I am a exercise, adopt Senator LOTT’s resolu- floor of the Senate, and I do not think conservative from Arizona. tion, agree to hold hearings on these any were defeated in the committee, as You can characterize President Clin- judges, and then, of course, follow Judge Pickering was today. But there ton however you want to characterize through with action by the committee were some judges who did not get a him. He had the right to nominate can- and then action by the full Senate. hearing. Maybe there were too many. didates of his choice because he got The statistics are such that in order But I think that it is quite unfair to elected by the whole country. And so for this Senate to confirm the same try to dream up reasons to vote against did George Bush. number of judges that were confirmed somebody if the real reason is that you I daresay that George Bush probably for President Reagan, the first Presi- do not like what happened to some of is a better representative of the main- dent Bush, and President Clinton, in President Clinton’s nominees. That is stream of America than a lot of indi- their first 2 years of office—the meas- not right. vidual Senators in this body who are ure for the end of this current year—we We talk about the cycle of violence answerable to specific constituencies would have to hold a hearing every sin- in the Middle East and say we have to in Arizona or New York or New Jersey gle week—we, the Senate Judiciary stop it. Yet some people apparently are or Minnesota or whatever State it Committee, of which I am a member— willing to maintain a different kind of might be. Therefore, I think it is wrong that we are in session until the end of cycle of retribution in the Senate. for any of us to have a litmus test of this year, with five district court I think what it boils down to is a politics determining our vote for judges and one circuit court judge per matter of philosophy. I think, if people judges on the courts. I think if they are hearing. are honest with themselves, a lot of qualified, if the ABA says they are We would have to do that every sin- this boils down to the fact that some qualified, if we acknowledge they are gle week. And the committee would members of the majority are uncom- qualified, then we should not be voting have to vote on five district court fortable supporting a conservative against them just because of their judi- nominees and one circuit court nomi- nominated by President Bush. And cial philosophy. nee. The full Senate would have to vote some on the committee have been cou- That brings me to the conclusion on five district court nominees and one rageous enough to, in fact, say that. here. circuit court nominee every single One of the Senators from the major- When I saw the distinguished minor- week. That is just for us to confirm the ity this morning said: Look, I think ity leader express himself tonight, same number of judges for President that he’s out of the mainstream. I after his fellow Mississippian had been Bush, the second, as we confirmed for think that President Bush is nomi- defeated in the Senate committee, and his father and for President Clinton nating waves of conservative he offered his sense of the Senate, I ad- and for President Reagan. ideologues, and that offends my sense mired Senator LOTT because what he Obviously, we have dug ourselves a of what is proper, and, therefore, I am was saying, in effect, was: I am not big hole. We have to start to get out of going to forget this personally. But it going to vote against that kind of this hole. An old rancher friend of mine is time to move on and stop this busi- nominee. once said: If you’re in a hole and want That is an honest statement, at least, ness of retribution, this business of to get out, the first thing you want to even though I think it is very wrong. saying Clinton judges were treated un- do is stop digging. fairly, so, therefore, we are justified in We have to stop the delay and the re- But I think that really is the reason doing the same to President Bush’s crimination and get on to confirming why a lot of people decided not to sup- nominations. qualified judges. The best way to do port this nominee. And the question is, What TRENT LOTT was saying was that is to commit to holding hearings A, are they right? And, B, is that right? let’s move on. Let’s stop this nonsense. and having the Judiciary Committee Well, are they right? I do not doubt And the way we can do it is to begin to vote on those nominees. If they vote a that Judge Pickering may be charac- deal with the backlog of circuit court nominee down, all right, but let’s make terized as a conservative, but he has nominees that we face today. And he sure it is on the qualifications and not been on the Federal bench for a long pointed out the statistics. Only one of some excuse. Then bring those nomi- time, and I have not seen anybody say the nine nominees of just about a year nees who are supported to the floor so that his decisions reflected some kind ago—on May 9—have even had a hear- the full Senate can act on them as a of conservative bias. Moreover, one ing. There is no excuse for that. There body. man’s conservative is another man’s is absolutely no reason that all nine of I support Senator LOTT’s resolution. I mainstreamer, or however you want to these candidates could not have had a hope my colleagues will do so when we characterize it. hearing. have a chance to vote on it, perhaps I think we get on a slippery slope Judge Pickering is only one. The Tuesday, so we can move beyond the when a Senator from New York says, other eight have not had hearings. kind of actions that I believe charac- for example: Why, those candidates are Miguel Estrada, for example: No hear- terize Judge Pickering’s rejection outside the mainstream. They are con- ing. He is right here. There is no prob- today. I hope this is the last time we servative ideologues. I say: Gosh, they lem. He can have a hearing. But it is will have to have a conversation such look pretty good to me. Of course, I am going to be a year before he can even as this. a conservative from Arizona. So it is conceivably have a hearing now. There I appreciate the Presiding Officer’s all in the eye of the beholder. The ques- is clearly something wrong when that patience. tion is, Who got elected as President of is the situation. f the United States? So what Senator LOTT said was let’s I remember when Al Gore said in one have a sense of the Senate and agree as APPEAL IN THE LOCKERBIE CASE of the debates with George Bush: You a Senate that at least those eight Mr. KENNEDY. Mr. President, today don’t want to elect George Bush be- nominees of May 9, 2001, should have a justice was shining as the Scottish cause, if he gets elected, he will nomi- hearing by May 9, 2002; that is not too court in the Netherlands upheld the nate conservatives to the bench. Every- much to ask; and it isn’t. So I hope all conviction of Libyan intelligence offi- body in the country knows that who- of my colleagues will join us in sup- cer Abdel Basset al-Megrahi for the ever is elected President is going to porting it. terrorist bombing of Pan Am flight 103 nominate people they like to the Now, that does not guarantee it, but over Lockerbie, Scotland on December bench. it expresses the sense of the Senate 21, 1988. President Clinton nominated a lot of that we ought to do it. I think that is In this heinous crime, Libyan terror- people I thought were pretty liberal. I a good way for us to begin to put some ists blew up Pan Am flight 103, ruth- did not vote for all of them, but I voted of this acrimony behind us. lessly murdering 270 innocent people, for a lot of them because they were I remain disappointed about Judge including 189 Americans. Until the Sep- qualified, I had to admit. But I thought Pickering. I am resigned to the fact tember 11 terrorist attack, the Pan Am March 14, 2002 CONGRESSIONAL RECORD — SENATE S1925 case was the most fatal terrorist atroc- ‘‘disclose all it knows of this crime, in- sistent over the period of 13 years, both ity in American history. cluding the names of all those respon- in the area of sanctions as well as pur- Since 1989, our Nation has joined the sible.’’ The head of Libyan intelligence, suing this in the international courts, victims’ families to bring the terrorists Musa Kusa, has been participating in that we have the judgment as we have to justice and to compel the Libyan the trilateral discussions in London. At seen today. That judgment is ex- Government to acknowledge its respon- the time of the Pan Am bombing, Musa tremely clear in pointing out responsi- sibility for this terrible act. Today, Kusa was the Deputy Chief of Intel- bility to the world. The Scottish court after more than 13 years, a measure of ligence, working under colonel Qadha- is pointing the world to the cause of justice has finally been achieved. fi’s brother-in-law, and he should be the terrorism which took 13 families This verdict by the Scottish court is able to provide a significant amount of from my State, 67 members of the U.S. a victory for the families of the vic- information to satisfy this condition. I Armed Forces, and scores of other tims who have been tireless advocates expect that the U.S. Government is Americans. This is a victory for those for justice. Thirteen families from asking Musa Kusa to provide this infor- families. Massachusetts lost loved ones in the mation with the goal of fulfilling this It is a very important step that has Pan Am flight 103 attack. Over these 13 requirement. been taken. It is a reaffirmation in our difficult years, we have worked with Another clear requirement of Secu- system of justice, and it is a clear indi- them and the other families to bring rity Council Resolution 748 calls on the cation to countries around the world about today’s verdict. Libyan Government to ‘‘pay appro- that the United States is going to be From the outset, the families of the priate compensation.’’ Discussions are consistent and persistent to bring victims have translated their grief into underway between private attorneys those who have created terror to jus- action. They stood up to powerful in- and the representatives of the Libyan tice, no matter how long it takes. terests of the oil industry, and they Government to address this condition. f have kept the prosecution of those re- I am aware that the State Department APPLAUDING THE JUSTICE DE- sponsible for the death of their loved is not directly involved in these nego- PARTMENT FOR THEIR LEADER- ones at the top of our Nation’s agenda. tiations. However, our government SHIP IN THE LAWSUIT AGAINST This trial and this verdict would not must ensure that any financial agree- THE TOBACCO INDUSTRY have happened without their impres- ment is not considered a substitute for sive and ongoing efforts. acceptance of responsibility accom- Mr. DURBIN. Mr. President, about 13 Discussions between the American, panies the financial agreement. years ago I went to get on an airplane British, and Libyan Governments re- Finally, the Security Council Resolu- in Phoenix, AZ. I was a Member of Con- garding compliance with outstanding tion calls on the Government of Libya gress. I was late for my plane, as usual. U.N. Security Council resolutions are to ‘‘commit itself definitively to cease I came running into the airport, went underway in London. all forms of terrorist action and all as- to the United ticket counter, and said: Now that the legal case has run its sistance to terrorist groups and Can I still make the plane? And the course, diplomatic efforts will inten- promptly, by concrete actions, dem- lady at the counter said: Yes, I think sify to ensure that the Government of onstrate its renunciation of ter- you can. Hurry up. I said: Can you get Libya fully and satisfactorily complies rorism.’’ Libya has in the past sup- me a seat in the nonsmoking section of with Security Council resolutions be- ported, trained, and harbored some of the plane? It was too late. She said: fore sanctions can be permanently lift- the most notorious terrorist groups in The only seat I have left is a middle ed. the world. Our Government must be seat in the smoking section of the In Security Council Resolution 748, convinced, beyond a doubt, that Libya plane. So I said to her: Isn’t there the United Nations required the Libyan has abandoned all support for ter- something you can do? She looked Government to comply with requests rorism before concluding that this re- down at my airline ticket and at my addressed to Libyan authorities by the quirement has been satisfied. title and said: No, Congressman. But governments of France, the United The Congress has consistently stated there is something you can do. Kingdom, and the United States. One its view that the Libyan Government So I got on that airplane and sat in a of those requests clearly states that must fulfill all Security Council reso- middle seat in the smoking section be- the British and American governments lutions related to the Pan Am 103 tween two chain-smoking sumo wres- expect the Government of Libya to bombing, most recently when it over- tlers and thought to myself: There has ‘‘accept complete responsibility for the whelmingly approved a five-year exten- to be a better way. actions of Libyan officials.’’ sion of sanctions in the Iran Libya When I got off that plane, I decided This requirement must be fulfilled Sanctions Act. to offer an amendment to ban smoking completely, totally, and unequivocally. I know the administration is working on airplanes across America, and was The United States Government has diligently on this matter, and I look successful, to the surprise of myself consistently maintained that the Liby- forward to full and satisfactory compli- and everybody else. No one had ever an Government carried out this atroc- ance with Security Council resolutions. beaten the tobacco lobby on the floor ity. Indeed, when two Libyan intel- These brave families deserve no less. of the House of Representatives. We did ligence officials were indicted in 1991, Mr. President, this tragedy took it by five votes. It was very bipartisan. State Department spokesman Richard place 13 years ago. It is instructive for It came over to the Senate. Senator Boucher said: ‘‘This was a Libyan Gov- all of us to understand that the only Lautenberg of New Jersey picked up ernment operation from start to finish. way we are going to be able to deal the cause. He was successful on this The bombing of Pan Am 103 was not a with terrorists is by developing the side. We put into law a ban on smoking rogue operation.’’ kind of hard-edge determination, reso- on airplanes, which I think was the Although the explosion did not take lution, persistence in pursuing justice domino that triggered smoking being place on American soil, America was that this case has followed over 13 banned all across America, in res- clearly the target of this attack. The years. taurants, in office buildings, in hos- Scottish court concluded that Libya Too often, with the kinds of chal- pitals, and not only on planes, but on was responsible for the bombing, and lenges we are facing, we find out that trains and buses. There has been a real the Libyan regime must accept that re- there is a flurry of activity, and then revolution in just 13 years. sponsibility as well. As the London dis- we find other forces come to bear to But the battle against the tobacco cussions proceed between our govern- try to override the underlying issues companies goes on. I give credit to a ment, the British Government and the which are basically at stake. We have lot of those who followed after that Libyan Government the U.S. must seen the powerful interests of the oil historic legislation, particularly the make it crystal clear that we will ac- industry trying to push aside the sanc- State attorneys general who filed law- cept nothing short of an explicit ac- tions which we have had in effect. We suits against tobacco companies and ceptance of responsibility by Qadhafi’s have seen powerful interests in Europe successfully brought in billions of dol- government to satisfy this condition. as well try to discount these sanctions. lars to States because of the fraud per- Security Council Resolution 748 also It is only because the United States petrated on the public by the tobacco requires the Libyan Government to has been resolute, determined, and per- industry. S1926 CONGRESSIONAL RECORD — SENATE March 14, 2002 I was happy to support those State time. Other countries around the Congress to wake up to the need for the suits. But at the same time, President world, such as Poland, for example, Food and Drug Administration to have Clinton was President, and many of us have started doing things relating to new authority to regulate tobacco said: Why isn’t the administration in tobacco advertising the United States products. They have slipped through Washington doing the same thing? Why should have done years ago. the cracks entirely too long when it don’t we bring a lawsuit on behalf of It would require cigarette packaging, comes to Government oversight. It is taxpayers across America who have under this demand from the Depart- time to change it. had to pay out billions of dollars for ment of Justice, to carry health leaflet f medical care for tobacco-related dis- inserts. IN MEMORY OF TOM WINSHIP ease and death? Why shouldn’t they be It would end trade promotions and compensated, as the States success- giveaways. Mr. KERRY. Madam President, I fully prosecuted the tobacco companies It would ban all vending-machine share a loss which many in New Eng- for compensation at the State level? sales, which is the avenue by which land, and Massachusetts particularly, To their credit, in the closing days of many underage smokers start their feel today. Thomas Winship, editor of the Clinton administration, they pre- habit. the Boston Globe from 1965 to 1984, and pared a lawsuit and started it against It would forbid ‘‘light,’’ ‘‘low-tar,’’ or a champion of the role that the Amer- the tobacco companies by the Federal ‘‘mild’’ labels, which are deceptive on ican newspaper plays in our lives and Government. And then, with the their face. the lives of our country, died early this change in the administration, there It would require the industry to pub- morning after a long and brave battle was a question as to whether or not licly disclose all ingredients, additives, with cancer, leaving behind his wife this new administration would still and toxic chemicals. Beth, a sister, Joanna Crawford; two dedicate its resources and determina- It would require the industry to pub- sons, Lawrence and Ben; two daugh- ters, Margaret and Joanna, and eight tion to successfully prosecute the same licly disclose manufacturing methods grandchildren. lawsuit. and marketing research. Our condolences from all in the State We were concerned because initially And it would eliminate the slotting of Massachusetts and all who knew there was criticism that the Depart- fees paid to retailers for favorable him. Our prayers go out to them today ment of Justice was putting too much placement of tobacco products. as they grieve the passing of this very money into this lawsuit. Attorney Gen- This is an amazing array of remedies being asked for by the Department of special man. eral John Ashcroft, as a Senator in this Their loss is also our country’s loss. Chamber, was critical of this lawsuit Justice. I stand in this Chamber as someone who has been skeptical of I can say without embellishment that against the tobacco companies. So Tom Winship was one of America’s many of us had justifiable concerns their commitment. I applaud them for the real leadership they are showing in great newspapermen. He was an ex- about whether or not the Federal Gov- traordinary editor, a giant among a this lawsuit. If this is a change of heart ernment would really vigorously pur- generation of editors that includes peo- in the administration, let this Demo- sue the lawsuit against the tobacco in- ple such as Ben Bradlee and Joe crat stand here and be the first to dustry. Lelyveld, and a host of others, all of praise the administration for its lead- I am happy to report to you today whom were a band of brothers at that ership. that what has been disclosed within time, who sought to change the face of We need this. We need a commitment the last several weeks gives us great America, our politics, our culture, and not just of resources, but a commit- encouragement because we now have our lives, in a positive way, using their ment of talent at the Department of had disclosed documents that have power of the print to be able to reach Justice to make this legal action suc- been prepared by our Government, by the American people with what they cessful. Congress now needs to ensure, our Department of Justice, demanding, thought were best interpretations and in our appropriation, that we ade- in this lawsuit, changes in policy by aspirations of our country. the tobacco companies which could not quately fund the Department of Justice Tom was a man who lived the word be more encouraging. to pursue this lawsuit. Give the De- ‘‘citizen’’ to its fullest. He loved his Many of the things I am about to partment of Justice the resources it family, his country, his community, read to you have been proposed by peo- needs to fight the tobacco industry. and the newspaper business, all with a ple such as myself concerning the to- They are going to put together hun- burning passion. In his years at the bacco industry for years, and it has dreds of lawyers to defend their miser- Boston Globe, he left an indelible mark fallen on deaf ears in Congress. Con- able product and their practices. We on the newspaper lore of our Nation. It gress is one of the worst places in the need to have a team just as good and is not an exaggeration to say that world to go and discuss the tobacco well funded on our side. through his efforts and the efforts of issue. The tobacco lobbyists are all I can tell you as well, don’t be de- others, they made a real and a signifi- over the Capitol. The tobacco interests ceived by the advertising from the to- cant contribution, certainly to the his- fund campaigns right and left, and they bacco industry. They have not tory of Massachusetts, of New England, make it very difficult for anything to changed. The Department of Justice and, in the conglomerate of all of be done on Capitol Hill. That is why uncovered documents that show, as re- them, of the country. the courts have been more successful. cently as 1997, when the State settle- I first met Tom Winship when I was But let me give you an idea of a num- ments were being negotiated, the to- a young veteran, recently returned ber of the things this administration is bacco industry was conducting studies from Vietnam. I went to see him to asking for as part of their lawsuit so that they could determine the brand talk about the war, a visit which led to which would really change the way to- preferences of young smokers between a friendship that lasted some 31 years. bacco products are going to be sold in the ages of 12 and 20. Despite all of that When we veterans came to Washington America. beautiful advertising put on by Philip in the early 1970s to speak our minds It would restrict all cigarette adver- Morris and other companies on the tel- about the war in which we had fought, tising to black and white print-only evision, which says: No we can’t sell as veterans who believed we had no formats, with 50 percent of the space you these cigarettes, kiddo; you know other choice but to tell another side of dedicated to graphic health warnings. what the law is. The fact is, this indus- the story, something we thought was In other words, all the glamour and try would die if they could not recruit not sufficiently reported, Tom Winship glitz of the billboards, and all the other teenage smokers. They are still trying showed a special and personal interest. advertising on cigarette packaging and to find ways to reach them. He understood the meaning of that ef- in magazines, would be replaced by As long as they are doing that, this fort. He insisted that his paper cover very stark and clear black and white insidious effort to make addicts of our that story, our story, and I think, even advertising with very graphic health children so that they ultimately be- fairly stated, America’s story. He in- warnings. come hooked and die from tobacco-re- sisted that be covered when others This is not a new idea. The Canadians lated disease has to be fought every were not so sure that was wise or that have been in this business for a long step of the way. It is time for us in it mattered. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1927 Tom’s courage was measured not just his courage in fighting to put real REMARKS BY OTTO J. REICH UPON HIS SWEAR- in printing ‘‘The Pentagon Papers,’’ for news, however contentious, on the ING-INASASSISTANT SECRETARY FOR WEST- which he was bitterly attacked by front pages of America’s consciousness, ERN HEMISPHERE AFFAIRS, IN THE BENJAMIN some, but in covering all the words of Tom earned the enormous and unfail- FRANKLIN ROOM, U.S. DEPARTMENT OF STATE, MARCH 11, 2002 the time—harsh words sometimes, hon- ing respect of his peers. He also earned est words always, and words that might the admiration of a generation of ac- Mr. REICH. As President Bush would say, ‘‘Basta.’’ much more easily, were it not for him, tivists and outsiders who might well Thank you very much, Mr. Secretary, for have been ignored. have otherwise been written out of our those very kind words and for your presence Tom’s brand of special leadership did Nation’s dialog. here. I know how busy your schedule is and not begin or end with Vietnam. Per- For all that he did in his life and I very much appreciate your officiating at haps it began even with the civil rights throughout his career, Tom leaves an this ceremony. movement when he faced not just the enormous legacy, one that will endure, Excellencies, Senator Helms—Chairman segregation of the South but a segrega- Helms, Secretary Martinez, colleagues from even as newsprint fades and newspapers many years of service in the U.S. Govern- tion that he also recognized existed at yellow with age. It will not be just a home in the North. It was also his ment, Army buddies, un-indicted co-con- memory but a standard, a standard spirators, friends, family, and special guests: early activism, his willingness to pro- that teaches us lessons about telling I know many of you have traveled many tect the environment in the days when the truth and focusing on what is real- hours to be here, and I want to thank you all Rachel Carson and her book ‘‘Silent ly important. When you lose a man for sharing this important occasion with me Spring’’ touched a new consciousness such as Tom Winship, your first in- and with my family. I believe, however, the about clean air, clean water, and the stinct is to say you will not see an- delegation from Panama holds the record for birth of the environmental movement the longest distance traveled. If anybody else other one like him. But knowing what has traveled longer, we have a prize for you that never could have reached full mo- we do about Tom Winship, knowing all mentum without Tom’s stewardship of afterwards. he stood for and all he accomplished, As much as I appreciate your presence, my a newspaper determined to make it an we also know he would not want that. first words of gratitude, on behelf of myself issue. He simply would not believe it. He and my brother, my family and my fellow It was the unflinching effort to press would want us to think that the world Cuban-Americans, must go to this most gen- for reforms—in Massachusetts, in the we live in, in the future will be a world erous of countries, the United States of State legislature, in the State con- with more people pursuing the same America. stitution—and his creation of the As most of you know, my country of birth, goals, with more people who believe Cuba, lost its liberty to a totalitarian dicta- Globe’s Spotlight Team that awoke they can change things and follow his citizens to what was happening in too torship forty-three years ago. My family, example. like so many other nonpolitical families, was many instances in government, that in danger simply because of our love of lib- made it possible for a new generation He would have believed nothing less than that. Although the standard he erty, which ran counter to the communist of reformers, Governors, to have a ideology being imposed by force on that is- voice and find the platform that ulti- set is exceedingly high, it will mean so land. mately helped usher in the modern era much more to our country to see an- The United States of America opened its of politics in our State. other generation that walks the path doors to us, as it has done for millions yearn- On all these issues and so many Tom Winship so courageously blazed ing to breathe free. It did not ask anything more, it was Tom Winship who never for all of us. in return, except allegiance and respect for shied away from steering the Boston I yield the floor. the laws. It protected our lives, gave us lib- erty and the opportunity to pursue our hap- Globe by his own moral compass. He piness. believed that a newspaper served an f The Greek philosopher Thucydides said important national purpose: To report that Justice is the right of any person to do the news, yes, but also, he believed OTTO REICH IS ON THE JOB those things which God gave him the ability equally importantly, to help his fellow to do. By that or any other definition, this is citizens understand how events in their Mr. HELMS. Madam President, this a just country. Our nation is not perfect, but neighborhoods and beyond their bor- past Monday, March 11, I was among it allows its citizens to do that for which ders impacted their lives. He believed the hundreds of Otto Reich’s friends God gave them the ability. To say that I am and supporters when he was sworn in proud to be an American is the height of un- in the role of the newspaper to help derstatement. frame choices for each of us, to help us by Secretary of State Colin Powell to I want you to reflect for a minute on what find a direction as a people, to open our serve as Assistant Secretary for West- you have just witnessed: where else but in eyes to the outcomes and possibilities ern Hemisphere Affairs. the United States of America could the son which, as it always is in a democracy, His nomination had been delayed, to of Jamaican immigrants rise to be the Na- are left up to the people to decide. a frivolous extent, by a few Senators tional Security Advisor to the President, Tom thought it was entirely appro- who held a grudge against Mr. Reich then become the highest ranking officer in the most powerful Armed Forces in the priate to make public a sense of moral because he so ably served President outrage about the actions of people in world and then the Secretary of State. Reagan in the 1980s as head of the U.S. Where else could he administer the oath of public life whose choices or whose un- Office of Public Diplomacy for Latin office to another son of the Caribbean—half- willingness to make choices, their in- America. Cuban, half-Austrian, half-Catholic, half- action, came into conflict with the Now, on this past Monday, March 11, Jewish—and charge him with directing our public interest. Tom Winship did not surrounded by his family, his two country’s relations with the 34 nations of our home hemisphere. But I don’t want you easily accept the changes he perceived daughters held the Holy Bible on which in America’s print media which seemed White Anglo Saxon Protestants out there to Otto placed his hand while taking the despair. There is room in our society for you, more and more interested in person- oath of office by Secretary Powell. ality and conflict and less and less in- too. There followed a thunderous and pro- I wish all of you had the opportunity I now terested in ideas and ideals. Tom’s longed applause when the oath was have to work with Secretary Powell and sense of what was news and what was concluded and Secretary Powell turned President Bush. I have been in meetings with merely new never shifted. It was seared over the podium to Secretary Reich. them and with heads of state or foreign min- into him by his passion for a debate on isters of other nations. And in private, in big choices and his deep and Madam President, it occurs to me staff meetings, I can tell you that you would unshakable belief that the newspapers that many will find Otto Reich’s re- sleep better at night knowing how calm, were there to help us wrestle with marks on that occasion of special in- competent, strong and dedicated they are. those decisions. terest. Therefore, I ask unanimous con- I would sleep better at night also, except For his enduring faith in the respon- sent that the text of those remarks be for Deputy Secretary Armitage calling me to printed in the RECORD. ask where is the memo that was supposed to sibility of journalists to our country, be upstairs by close of business! and for his remarkable energy spent to There being no objection, the mate- I am proud today not just because I am preserve that special role of the Amer- rial was ordered to be printed in the being sworn in to this office. I was proud ican newspaper in our democracy, for RECORD, as follows: when I was given the opportunity by this S1928 CONGRESSIONAL RECORD — SENATE March 14, 2002 country to be the first one in my family to on a motorcycle, driven by his best friend, a must encourage, not discourage, individual graduate from college, and then to obtain a Catholic, to the Swiss border, and crossed initiative. People must be given the freedom graduate degree; to be an officer in the U.S. the Alps on foot into Switzerland. to produce and then to enjoy the fruits of Army; and to be sworn-in three previous He made his way to France and joined the their work. times to Presidential appointments. I am French Foreign Legion so he could fight the There is too much false nationalism and proud of every single job I have performed in Nazis who had taken over his beloved Aus- not enough commitment to national ad- service to our country. tria. The same Nazis who would later kill his vancement. Those who keep the masses of Much has been written in the so-called parents, my grandparents, along with mil- the people from climbing the social and eco- ‘‘prestige press’’ about my previous work. lions of other innocent victims. nomic ladder are condemning their nations Some of it even true! There were charges of More than a year after the French Army to perpetual underdevelopment. ‘‘covert propaganda’’ by the office I headed surrendered, he boarded a Portuguese We must battle a number of threats all at in the 1980’s: the Office of Public Diplomacy freighter in Casablanca, headed for Jamaica once: terrorism, drug trafficking, common for Latin America and the Caribbean. Well, and Cuba, and in 1942 he landed in Havana, crime, disease, ignorance, illiteracy, pov- Mr. Secretary, today I have a confession to where he found work, met my mother, start- erty, apathy, racism, despotism, selfishness. make about the work of that office. Now ed a family and hoped he could finally live in As Secretary Powell mentioned—corruption. that the Statute of Limitations has expired, peace. Corruption is the single largest obstacle to I think it is safe for me to confirm what so I would not be deterred, also because of the development in the developing world. Those many on the other side suspected: Yes, the memory of my maternal grandfather, Juan who steal from the public purse are doing as Office of Public Diplomacy for Latin Amer- Fleites. At the age of fifteen, exactly one much harm to their country as a foreign in- ica and the Caribbean was single-handedly hundred and seven years ago, in 1895, he vader would. responsible for the downfall of the Soviet joined the Cuban insurgents who were fight- Whether it is the policeman who takes a $2 bribe to tear up a traffic ticket or the Cabi- Union! ing for Cuba’s independence from the Span- There are so many things for which I am ish. He was too young to serve as a warrior, net official who takes $2 million to rig a gov- grateful today. Like two beautiful and intel- so he became a medic’s assistant and a ernment contract, they are doing untold ligent young ladies who held the Bible. The stretcher-bearer, helping to carry the casual- damage to their countries. But in adversity there is opportunity. For person responsible for their being smart and ties off the battlefield and cleaning their each financial collapse there is the possi- pretty is here, their mother—Connie—my wounds as best he could. bility of recovery. For every war there is the friend and former wife, and someone who Secretary Powell is rightfully proud of his prospect of peace. The Mexican patriot, Be- made many sacrifices to help get me to heritage and his accomplishments as a mili- nito Juarez, said ‘‘El respeto al derecho tary officer and a civilian. But I am also where I am today. I don’t think anyone has ajeno es la paz.’’ Peace, he said, is achieved proud, Mr. Secretary, that my grandfather a more supportive ex-spouse than I do. through respect for the rights of others. And served in Cuba’s liberation army under a Thank you, Connie. when governments and persons follow And also here is another very special lady, general named Antonio Maceo. Juarez’s advice and respect the civil, polit- Lourdes Ramos, who this past weekend ac- Maceo was the equivalent of the Chairman ical and economic rights of others, we will cepted my proposal of marriage. Thank you, of the Joint Chiefs of Cuba’s insurrection. He have peace. Lourdes. I look forward to our life together. was a black man and the descendant of The U.S. cannot solve all the problems of It’s a busy weekend. slaves. Today we would call him Afro-Cuban. this Hemisphere. But we can help those who Standing up here, I stand figuratively on Over one hundred years ago, Cubans of all help themselves. the shoulders of all of you. Each of you is races willingly fought and died for their Finally, as I said earlier, questions were here because you had something to do with independence under the general they called raised about my ideology. If you want to my being here, some more than others. As ‘‘El Titan de Bronze,’’ the Titan of Bronze, in know what my ideology is, you need not go George Orwell said in Animal Farm, ‘‘All honor of the color of his skin. far. Just drive a few blocks from here to the animals are equal but some are more equal Antonio Maceo was the highest-ranking Jefferson Memorial. than others.’’ military officer of African heritage in this Inscribed in the largest letters at the high- I am not going to start naming the names hemisphere until Colin Powell came along. est point of the inside of the monument is a of those who are more equal than others, but And today I am proud to serve under another quotation from that great Virginian and you know who you are. Since I can’t possibly ‘‘Titan de Bronze.’’ first Secretary of State: ‘‘I have sworn upon name each one, please consider yourselves Much has been made of my Cuban-Amer- the altar of God eternal hostility against properly singled out. ican heritage. One group said that I couldn’t every form of tyranny over the mind of I do want to thank President Bush and possibly handle our relations with this hemi- man.’’ That is where my American ideology Secretary Powell not only for selecting me sphere because I don’t have the right tem- is founded. to this incredibly exciting post, but for perament, by virtue of my ethnic back- As Thomas Jefferson’s words remind us, sticking with me in the face of unfair, anon- ground. They actually put that in writing. our struggle against tyranny is not finished. ymous or just plain false charges. I want to They said that I can’t make rational deci- Since September 11, exactly six months ago thank those who kept encouraging me to sions because of my ideology! Well, they are today, we are more determined and indivis- ‘‘Hang In There.’’ not saying that anymore, because I had them ible than at any time since World War II. Believe me, I hung in there and I have the all arrested this morning! Whether they are terrorists in Afghanistan rope burns around my neck to prove it! Seriously, I think it is time that Cuban or Colombia, or despots in Baghdad or Ha- But how could I not persevere? I am an Americans cease to be the one ethnic group vana, anyone trying to impose tyranny over American. When the Founding Fathers which the media still finds acceptable to the mind of man has earned our eternal hos- pledged their lives, their fortunes and their denigrate. How could I not persevere to be tility. sacred honor to create this experiment in de- appointed into what I think is the best job in Thank you all for sharing this very impor- mocracy in 1776, they did not qualify their the government? Where else can you work tant day with me and my family. words. They didn’t say they were going to re- twice the number of hours as in the private God Bless you and God Bless this great consider if they ran into some resistance sector, make half the money, and get public country of ours. from the British. Well, I was not going to re- abuse in the process? As my father would f consider either. have said: ‘‘Such a deal!’’ How could I? My late parents were not I am part of a great team of professionals, ARSENIC-TREATED RESIDENTIAL- quitters, and they are proud of my service to both career and non-career. I am both ex- USE LUMBER PROHIBITION ACT their adopted country. My mother was a poet cited and apprehensive about this assign- Mr. NELSON of Florida. Mr. Presi- and a free spirit. She was also practical and ment, because seldom have we faced as many hard-working, a telephone operator and a challenges and opportunities simultaneously dent, I take this opportunity to share union member. in the Americans as we do today. with the Senate a letter I received I like to remind my Democrat friends that This is a continent of contrasts: incredible from a 13-year-old named Kevin from I come from a labor union family and am wealth and unbearable poverty; freedom and St. Cloud, FL. It is a town in Osceola proud to have served the only U.S. President repression; world class literature and high il- County, near Orlando, FL, in the cen- to have been president of a labor union: Ron- literacy; abundance and injustice. It is a con- ter of our State. Kevin writes this let- ald Reagan, the man who with his foreign tinent where peasants and workers and la- ter, and I will read part of it: policy vision and courage laid the ground- borers work from dawn to dusk, but reach work for the end of the Evil Empire. And by the end of their lives in misery. What is the I’m 13 years old and a Boy Scout of Amer- the way, with the help of a lot of people who reason for that? It is not for lack of re- ica. I would like to address you about a prob- are in this room, such as Ambassador Kirk- sources. lem in a local park, that may be a problem patrick, Secretary Powell, and many others. This continent has all the natural and in other parks. The park near my house has How could I quit? The memory of my fa- human resources necessary to achieve levels arsenic in the wood. Please help with this quickly. I have a lit- ther would not have let me. He left his home of development like those of Europe or North tle brother who plays in the park. in Vienna in August of 1938, after being beat- America. en up numerous times by Nazi thugs because The creative forces of all the population That is from a 13-year-old writing to of his Jewish religion. He rode 700 kilometers must be allowed to flourish. Governing elites a Senator. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1929 Kevin, I hear you. I hope my col- and his determination was fearless, but this remarkable facility, fulfilling leagues do, too. in everything that he did, Marvin was Marvin’s hopes and ambitions for Ne- Kevin is addressing a problem many dedicated to the betterment of Nevada. vada’s children. families and communities all across As a State assemblyman he dem- f our Nation now find themselves con- onstrated an unwavering dedication to fronting. They are all asking the ques- the children of his State and made LOCAL LAW ENFORCEMENT ACT tion: Is my local park safe from the ar- their education his top priority. OF 2001 senic-treated wood which, when the Marvin Sedway moved to Las Vegas Mr. SMITH of Oregon. Mr. President, rains come, leach the arsenic from the from New York City when he was 13 I rise today to speak about hate crimes playground wood into the soil? Should years old. In 1946 he graduated from legislation I introduced with Senator I tell my children they cannot play in Las Vegas High School and then he at- KENNEDY in March of last year. The the park because of the wood that is tended the University of Nevada at Local Law Enforcement Act of 2001 treated as a preservative with arsenic? Reno. After completing his professional What I found is that local officials, would add new categories to current education at Pacific University in 1954, hate crimes legislation sending a sig- county commissioners, city commis- Marvin worked as an optometrist for sioners all across Florida and many nal that violence of any kind is unac- almost 40 years. Throughout his career, ceptable in our society. other States have raised similar ques- Marvin Sedway’s compassion and gen- tions about the use of arsenic to treat I would like to describe a terrible erosity were evident. It was widely crime that occurred in August 1994 in wood in playgrounds and backyard known that Marvin volunteered thou- decks. The fact is, none of these com- Sioux City, IA. Two gay men were at- sands of hours to serve handicapped tacked when two intruders broke into munities has been given any clear guid- and underprivileged children who could ance of what to do about arsenic-treat- their residence. The assailants, An- not afford proper care. thony L. Smith, 17, and Henry White, ed wood in their parks, in their back- Even before his election to the Ne- 18, were charged with first-degree bur- yards, and neither have the parents of vada State Assembly in 1983, Marvin glary and second-degree criminal mis- kids such as Kevin. That is why I want- was an integral part of the Nevada po- chief under the State hate crime stat- ed to share Kevin’s letter with the Sen- litical scene. In 1958 Marvin was a ute. ate today. The Senate has an oppor- member of the Democratic Party Re- I believe that government’s first duty tunity, after more than two decades of form Commission, and in 1968 he be- is to defend its citizens, to defend them delay, to finally ban the use of arsenic- came the State chairman of the ‘‘Hum- against the harms that come out of treated wood and to provide parents phrey for President’’ campaign. Marvin hate. The Local Law Enforcement En- and communities and local officials the was also selected by several Nevadan hancement Act of 2001 is now a symbol information needed so they can make Governors, including my good friend that can become substance. I believe intelligent decisions about safety. Governor Mike O’Callaghan, to serve that by passing this legislation, we can While the Environmental Protection on various State boards. He was a change hearts and minds as well. Agency recently announced a vol- member of the Governor’s Task Force untary phaseout of arsenic-treated on Rural Health Emergency Services f wood, this agreement with the wood- and an advisory board member for preserving industry does not go far RETIREMENT SECURITY ADVICE Clark County Community College. In enough. For one, it is only a voluntary ACT OF 2002 addition, he served as secretary of the agreement, reminiscent of a voluntary State Board of Optometric Examiners Mr. BOND. Mr. President, today I am agreement 20 years ago that the indus- and president of the Clark County Men- adding my name as a co-sponsor of the try did not honor. Remember, we are tal Health Society. Retirement Security Advice Act of talking about arsenic which can cause As a member of the Nevada State As- 2002, S. 1978, introduced by my good cancer and other serious illnesses, sembly, Marvin gained prominence friend from Arkansas, Senator TIM which is what this little boy from St. across the State for his service as HUTCHINSON. I do so, and submit this Cloud, FL, is writing me about because chairman of the Assembly Ways and statement for the RECORD, because the his little brother plays in the park. bill holds important implications for Many European countries recognized Means Committee, which allowed him to determine which bills would survive small businesses in this country and the dangers long ago. It is time we get the millions of Americans they em- serious about a process we know can be and which bills would not move for- ward. Marvin used his coveted position ploy. harmful to children and consumers. In 1996, we created the Savings Incen- The EPA has studied and negotiated to advocate for those who often are voiceless including welfare mothers tive Match Plans for Employees SIM- this issue to death. Yet the best deal PLE, as a pension-plan option for small for consumers that they can come up and low-income workers and families. firms in this country. The goal was a with is a voluntary phaseout. Also, the In addition, while many others shied simple one: provide a pension plan with EPA agreement with the wood-pre- away from unpopular tax increases, low administrative costs for employers serving industry fails to provide Marvin’s courage led him to support in- so they can offer pension benefits to enough guidance to consumers, fails to creases that would fund the State’s ex- encourage employees to save for their provide the guidance to parents and panding services and social programs. retirement. I am pleased that these local government officials about what Marvin’s greatest cause was improv- plans have become quite popular, and to do with all that arsenic-treated ing the education of Nevada’s school together with the other pension sim- wood on those playgrounds about children. He was a great believer in the plifications and improvements enacted which little Kevin is writing. importance of a strong public edu- I urge my colleagues to join me in cation system and continuously pushed in the last five years, they have con- enacting legislation I filed to perma- for increasing funds for State schools. tributed to better access to pension nently ban this potentially harmful Throughout his 8 years in the Nevada benefits by small businesses and their product. It is S. 1963. State Assembly and even before then, employees. he worked to ensure that Nevada’s Greater retirement savings, however, f children had the resources to improve have raised new and complex issues for TRIBUTE TO MARVIN SEDWAY their lives, receive a solid education, many employees who have seen their Mr. REID. Mr. President, I rise today and fulfill the American dream. pension accounts grow substantially. to celebrate the official opening of the When Marvin Sedway died of lung As the Ranking Member of the Com- Marvin Sedway Middle School in Las cancer on July 7, 1990 at the age of 61, mittee on Small Business and Entre- Vegas, NV. This state-of-the-art facil- Nevada lost a great leader. But as the preneurship, I have heard many con- ity provides an enduring tribute to one doors of the Marvin Sedway Middle stituents raise difficult questions in of Nevada’s most esteemed and coura- School officially open, we can celebrate this area: What are appropriate invest- geous political figures. his legacy as a public servant com- ments for my personal circumstances Marvin Sedway was a man with a fe- mitted to education. Thousands of and risk tolerance? Should I buy rocious spirit. His language was rough young Nevadans will be educated in stocks, bonds, annuities, or something S1930 CONGRESSIONAL RECORD — SENATE March 14, 2002 else? How should I diversify my invest- to offer benefits like pension plans and six months has been heartwarming, ments? When should I modify my in- related investment advice, hence, the and I have never seen such unity. vestment mix? And so on. genesis of the SIMPLE pension plan. Our country has been through a very The importance of these questions As under the current rules, if the only difficult time. Each of us will remem- has increased substantially in light of option is a costly outside advisor, the ber where we were when we heard the recent high-profile business failures small firm will not offer the invest- news that commercial planes were and more generally because of the eco- ment-advice benefit. As a result, we turned into weapons against the World nomic downtown. Gone are the days of would not move the ball even a yard Trade Center and the Pentagon. Each the momentum market where any dol- further, employees would still be left of us will remember how we felt when lar invested seemed to grow with little to their own devices to figure out the we realized the incredible devastation effort or risk. complex world of investing or they of terrorism in our midst. The return to more cautious invest- would have to seek out and hire their On that day I was in the Capitol in a ing has left employees who participate own advisor, which few have the where- meeting with Senate Majority Leader in employer-sponsored pension plans in withal to do. TOM DASCHLE and several other Sen- a real dilemma, hire an outside invest- More to the point, nothing under the ators when the planes struck the World ment advisor or go it alone in most Hutchinson bill prevents a business Trade Center. As we evacuated the cases. Why? Current pension rules ef- from engaging an independent advisor Capitol building, our brace Califor- fectively preclude most employers if the employer deems that the best al- nians on Flight 93 were bringing down from offering investment advice to ternative. The standard under the the plane, hijacked by the terrorists their employees. In fact, recent esti- Hutchinson bill for selecting the in- and most likely headed for us. I truly mates are that only about 16 percent of vestment advisor is prudence; the same believe that those Californians on participants have access to investment criteria that the employer must exer- Flight 93 that day have made it pos- advice through their pension plan. In cise under current law when selecting sible for me to be here today. today’s complex investment environ- the company that manages the pension Even as time has gone on, all I can ment that is simply too little help for plan and its investment options. If a think of is the people on those planes, employees who are trying to manage prudent person would not hire or retain every one of whom had a family. It is their retirement security. the investment advisor, then under the the families today that are coping with Senator HUTCHINSON’s bill addresses Hutchinson bill, the employer should the results of September 11, and it is this situation in a responsible way. For not do so either or face liability for the families that will continue to keep most businesses, and particularly small breach of fiduciary duty. Again, addi- the memory of the victims alive in all firms, the logical place to look for an tional protection for the plan partici- of our hearts. We have decided to fight investment advisor would be the com- pants. and stand up for them and their memo- pany that manages the plan’s invest- In my assessment, investment advice ries. ment options or an affiliated firm. is an increasingly important benefit I want to read the names of the vic- Under Senator HUTCHINSON’s bill that that employees want and need. More- tims—in the planes, in the Towers, and option would now be available, opening over, small businesses in particular in the Pentagon—from the State of the door for countless businesses to need the flexibility to offer benefits California: David Angell and Lynn offer this important benefit at a low that keep them competitive with big Angell, Seima Aoyama, Barbara cost to their employees who partici- companies as they seek to hire and re- Aresteguis, Melissa Barnes, Alan pate in the company’s pension plan. In tain the very best employees possible. Beaven, Berry Berenson, Yeneneh addition, by allowing more businesses And when we talk about small busi- Betru, Carolyn Beug and Mary Alice to offer investment-advice benefits, the ness, we are not dealing with an insig- Wahlstrom, Mark Bingham, Deora bill creates an opportunity for in- nificant employer in this country. In Bodley, Touri Bolourchi, Richard creased competition among investment fact, according to Small Business Ad- Guadagno, Daniel Brandhourst and advisors, which can lead to better ad- ministration data, small businesses David Brandhourst, Charles ‘‘Chic’’ vice products and lower costs overall. represent 99 percent of all employers Burlingame III, Thomas Burnett, Su- Senator HUTCHINSON’s bill, however, and provide about 75 percent of the net zanne Calley, Jefferey Collman, Jason does not simply change the rules to new jobs in this country. Dahl, Dorothy Dearaujo, Darlene help the business community. It also The Retirement Security Advice Act Flagg, Dee Flagg, Wilson Flagg, Lisa includes critical protections for the provides a carefully balanced and re- Frost, Ronald Gamboa, Andrew Garcia, plan participants. Investment advisors sponsible solution to this situation. Edmund Glazer, Jeremy Glick, Lauren must satisfy strict requirements con- Most importantly, it provides a solu- Grandcolas, Andrew Curry Green, cerning their qualifications, and they tion that employers will actually use Stanley Hall, Gerald Hardacre, John must disclose on a regular basis all to offer the investment advice sought Hofer, Stephen Hyland, Barbara their business relationships, fees, and by their employees who struggle to put Keating, Chandler Keller, Jude Larson, potential conflicts of interest directly money aside in the hopes of having a Natalie Larson, Daniel John Lee, to the participants. In addition, and ar- nest egg that someday will provide Maclovio ‘‘Joe’’ Lopez, Dora Menchaca, guably most importantly, the invest- them with a comfortable retirement. I Hilda Marcin, Nicole Miller, Mildred ment advisor must assume fiduciary li- am pleased to co-sponsor this bill and Naiman, Laurie A. Neira, Christopher ability for the investment advice it look forward to working with my col- Newton, Jacqueline Norton and Robert renders to the employee participants in league from Arkansas to see it enacted Norton, Ruben Orneda, Jerrold the plan. In short, if the investment into law. Paskins, Thomas Pecorelli, Robert advisor does not act solely in the inter- f Penniger, Mari-Rae Sopper, Hilda Tay- est of the participant, it will be liable lor, Douglas Stone, Alicia Titus, Otis for damages resulting from the breach REMEMBERING THE VICTIMS OF Tolbert, James Trentini and Mary of its fiduciary duty. Together, the SEPTEMBER 11 Trentini, Pendyala Vamsikrishna, bill’s provisions provide substantive Mrs. BOXER. Mr. President, today, I Timothy Ward, John Wenckus, John safeguards to protect the interests of speak with great pain in my heart as Yamnicky, Sr. the plan participants who take advan- our country remembers the victims of Every generation has its time of test- tage of the new investment-advice ben- September 11. Monday was the 6-month ing. For my parents it was World War efit. anniversary of the attack on the World II, and for their parents it was World Some have contended that a better Trade Center and the Pentagon. Once War I. Now, this our time, and this our alternative is to force small businesses again, I want to offer my condolences challenge. to engage an independent third party for the people who lost family mem- f to provide investment advice. I dis- bers, friends, and loved ones. agree. The result would simply be the The amazing generosity and out- THE UNINSURED same as under current law. Cost is a pouring of love expressed by so many Mr. SMITH of Oregon. Mr. President, real issue for small businesses seeking people in our country over these past I rise today to give tribute to some of March 14, 2002 CONGRESSIONAL RECORD — SENATE S1931 the health care heroes in my home time. Today, I salute the work and arts, global awareness, and community State of Oregon. During a recent visit workers of the Volunteers in Medicine service. to the Volunteers in Medicine Clinic in Clinic, true heroes for Oregon. This significant undertaking would Eugene, OR, I was tremendously im- f not be possible without the commit- pressed by the strong public service ment and sacrifice of Girl Scout adult CELEBRATING GIRL SCOUTS ethic of the professionals who deliver members. I would like to note that 99 high quality health care to their unin- Mr. NELSON of Nebraska. Mr. Presi- percent of the nearly one million sured clients. dent, I rise today during the celebra- adults involved with the Girl Scouts In 1999, a concerned group of citizens tion of the 90th anniversary of the Girl are volunteers. Their willingness to in- in Eugene, OR, convened to study the Scouts of the U.S.A., to express my vest in the girls of America is highly extent of the health insurance problem support for this respected organization. commendable and is the kind of service in Lane County. It found that 28,000 of The mission of the Girl Scouts is to that President Bush has been praising their friends and neighbors in the coun- help all girls grow strong. Girl Scout- and encouraging. It provides a perfect ty were uninsured. Of these, almost ing empowers girls to develop to their example of the good that can be accom- half were working families or low-in- full potential and to develop values plished when dedicated people get in- come people. that provide the foundation for sound volved in their communities. More As a result of that study, the Volun- decision-making. Scouting teaches than 50 million Girl Scout alumnae are teers in Medicine Clinic came about. girls to relate positively to others and a testament to their success. Over two- Under the executive director and board to contribute in constructive ways to thirds of our doctors, lawyers, edu- chair, Sister Monica Heeran, the mis- society. cators, community leaders, and women sion of the clinic is to meet the health Through Girl Scouting, girls acquire Members of Congress were once girl and wellness needs of the working poor self-confidence, learn to take on re- scouts, as were 64 percent of the women by providing free medical care. sponsibility, and are encouraged to listed in Who’s Who of American The Volunteers in Medicine model re- think creatively and act with integ- Women. lies on practicing and retired medical rity. Girl Scouts take part in activities Another facet of the Girl Scouts that professionals to serve individuals and that teach them about science and makes them so admirable is the diverse families who have limited access to technology, finance, sports, health and membership they embrace. Troops can health care, typically the working fitness, the arts, global awareness, and be found in every kind of community; poor. Over 300 health care professionals community service. These experiences girls are not limited by racial, ethnic, have generously given their time for allow Girl Scouts to develop the quali- socioeconomic, or geographic bound- this worthy cause that has helped hun- ties that are essential in developing aries. The Girl Scouts continue to ex- dreds of families secure a medical strong leaders. pand, with troops now meeting in home. Perhaps the best proof that Girl homeless shelters, migrant farm One of the volunteers at the Volun- Scouting has had an important impact camps, and juvenile detention facili- teers in Medicine Clinic is Dr. John on women leaders in our country is the ties. And because of a Girl Scouts ini- Haughom, vice chair of the Board and fact that over two-thirds of our doc- tiative, called Girl Scouts Beyond volunteer physician. He told me about tors, lawyers, educators, and commu- Bars, girls can meet in prisons where a woman he had seen recently at the nity leaders were once Girl Scouts. their mothers are incarcerated. In ad- clinic, Mrs. Gonzalez, who had pre- I also would like to thank the many dition to creating more troops, the or- sented with a large mass under her volunteers who make the Girl Scouts ganization has also established a re- search institute and has received fund- right jaw. It had been growing for some such a successful organization. These ing to address violence prevention. time, but she had not sought medical mentors and role models are essential The Girl Scouts is an organization in providing support to girls and em- care because she knew she could not af- that we in this country are very proud powering them to realize their poten- ford it. Dr. Haughom diagnosed Mrs. of. The combination of educational and tial and to achieve. Gonzalez with non-Hodgkins lymphoma service-oriented programs and exem- I think it is important to take this and was able to arrange for the best plary leadership produces the caliber of time today to celebrate and recognize possible treatment for her advanced responsible citizens America needs, es- the contribution Girl Scouting has condition. As she was treated, Dr. pecially in this time of uncertainty. So made to our society by providing posi- Haughom continued to visit her at her today I would like to thank the Girl tive role models for girls and by en- workplace. He clearly shared her joy Scouts for their outstanding contribu- couraging them to become good citi- when she told him that a surgeon had tion to our society, and I want to ex- zens and effective future leaders. been able to remove the entire tumor, press my firm support and congratula- Mr. SANTORUM. Mr. President, I and that her recovery is expected to be tions as they strive to carry out the would like to take this opportunity to complete. mission that was begun 90 years ago. I also heard from a patient who had recognize the Girl Scouts of the USA, Mr. INHOFE. Mr. President, often gone to the Volunteers in Medicine as they are celebrating their 90th anni- when we think of Girl Scouts, we think Clinic with what he thought was a case versary this week. Today, as the result of those delicious cookies that come to of acid reflux—heartburn. In addition of founder Juliette Gordon Low’s vi- our door every year, delivered by smil- to being given medication to control sion, 2.7 million girls in more than ing-faced girls. But we may not realize the symptoms, the patient was referred 233,000 troops are learning the skills the positive impact Girl Scouts has had to a cardiologist, who advised the pa- and building the character necessary to on so many women in our society. tient to get an angiogram. It turned make a positive impact in the world. It Established by Juliette Gordon Low out that the underlying condition was is the Girl Scouts mission to help all in 1912, Girl Scouts has evolved from a no less than five clogged arteries, and girls grow strong by empowering them group of 18 girls in Savannah, GA to a the patient was scheduled for open- to develop their full potential, relate national membership of 3.8 million. heart surgery the following day, which positively to others, and contribute to This week Girl Scouts celebrates its saved his life. society. The Girl Scouts recognize the 90th anniversary and I want to recog- In both these cases, the high-quality importance of training girls to become nize these exceptional girls and women care by dedicated medical professionals effective leaders by instilling in them who work so hard to become leaders in clearly saved the lives of these pa- strong values, increasing their social our society. tients. awareness, giving them responsibil- Currently, more than 50 million In my mind, every single person who ities, and encouraging them to think women are Girl Scout alumni, over volunteers his or her time at the Vol- creatively and act with integrity. The two-thirds of which are doctors, law- unteers in Medicine Clinic is a true Girl Scouts also provide experience and yers, educators, and community lead- health care hero. It is truly inspiring instruction through a wide range of ac- ers. Today, there is even a ‘‘Troop Cap- to see what can happen when people tivities related to science and tech- itol Hill’’ which is made up entirely of share a vision and work to make life nology, money management and fi- congresswomen who are honorary Girl better for thousands one patient at a nance, sports, health and fitness, the Scouts. S1932 CONGRESSIONAL RECORD — SENATE March 14, 2002 In a time when more positive role In closing, I want to thank the the largest organization for girls in the models are needed, Girls Scouts often women who came by my office yester- world. Through its membership in the become good citizens and strong lead- day to share with me the exciting World Association of Girl Guides and ers through learning self-confidence, things that the Girl Scouts of America Girl Scouts, Girl Scouts is part of the responsibility, and the ability to think is doing in my state of New Mexico. worldwide family of 10 million girls creatively and act with integrity. They Based on the quality of women who and adults in 140 countries. They even also participate in activities that teach made the long trip to our nation’s cap- received a charter from the United them about science and technology, itol, I am confident in predicting much States Congress in 1950 officially estab- money management, sports, health and continued success for this organization lishing the Girl Scouts of the United fitness, the arts, global awareness, in our state and in this great country. States of America. community service, and much more. Mr. MILLER. Mr. President, I rise By enrolling in the Girl Scouts, a In my State of Oklahoma, the Girl today to recognize the contributions an young women is afforded the unique Scouts—Red Lands Council has extraordinary organization has had on opportunity to enhance her commu- launched an initiative to serve girls the lives of young women in America. nication and social skills, to develop a who have special financial and edu- In 1912, the Girl Scouts of America was strong sense of self, to participate in cational needs. This project has al- founded in my home State of Georgia innovative programs, and to foster her lowed many girls to become Girl by a visionary young lady named Juli- creative side. At the different levels of Scouts who might not have otherwise ette Gordon Low. Juliette’s hope was Girl Scouting, girls learn relevant and had the opportunity. to bring girls together in the spirit of applicable skills relating to science Please join me in recognizing this service and community. Within a few and technology, money management outstanding organization for its role in years of the establishment of the first and finance, health and fitness, com- giving today’s girls a chance to become troop, the Girl Scouts had expanded to munity service, sports, and global tomorrow’s leaders. many different cities across the coun- awareness. These young women are Mr. DOMENICI. Mr. President, I rise try, and had opened their doors to girls learning how to be productive and pro- today to congratulate the Girl Scouts of all races and backgrounds. Since active citizens, who will some day have of America on celebrating 90 years of that time, the Girl Scouts have been a the chance to change the way the making a difference in the lives of mil- symbol of leadership in this country, world works. In fact, over two-thirds of lions of girls and young women. Found- from their involvement in relief efforts women doctors, lawyers, educators, ed by Juliette Gordon Low on March during the Great Depression to their community leaders, and members of 12, 1912, the Girl Scouts of America has activism for civil rights and environ- Congress in the United States were a long and storied tradition of pro- mental responsibility in the turbulent once proud participants in the Girl viding girls with the tools they will 60s and 70s. The Girl Scouts have cele- Scouts. In 1999 ‘‘Troop Capitol Hill’’ need to be successful members of our brated traditional values like vol- was founded to honor those women communities. America is a better unteerism and have taught young members of Congress who were in the country because this organization has women the importance of leadership, Girl Scouts. Furthermore, 64 percent of led the way in preparing girls for lead- financial literacy, good health, and the women listed in the Who’s Who of ership roles. global awareness. American Women were at one point I have long supported efforts and or- Today, Girl Scouts organizations Girl Scouts. The Girl Scouts has found ganizations that help our young people across America play a role in the lives a successful way to bring out the best deal with the very unique challenges of over 3.7 million young women. On in its young women, and I personally they face. The Girl Scouts is an organi- this, the 90th anniversary of the cre- thank the leaders and supporters of zation that is doing just that. In fact, ation of the Girl Scouts in Savannah, this great organization for continually that is exactly the mission of the Girl GA, I wish to recognize the vision of producing strong and bright young Scouts. I am proud of the efforts that Juliette Gordon Low and the contribu- women committed to making this the Girl Scouts has made in under- tions of the Girl Scouts of America to country a better place to live. standing and addressing the needs of the development of the intelligent, I would now like to pay a special girls. self-confident young women who play tribute to the Girls Scouts of Ken- As you know, I believe that we need such an important role in America tucky. In the Commonwealth of Ken- to do better in teaching math and today. tucky, over 43,000 girls and 13,000 adult science to our young people. This is Mr. BUNNING. Mr. President, today I volunteers participate in the Girl particularly true when it comes to our would like to take the opportunity to Scouts. In fact, all five of my daugh- girls and young women. I am told that honor the Girl Scouts of the United ters were Girl Scouts and six of my women constitute only 22 percent of States of America for all that they beautiful granddaughters are currently our scientists and engineers in spite of have accomplished for America’s young learning what it means to live by The making up 46 percent of our work women. This week, the Girl Scouts is Girl Scout Law. Girl Scouts of Ken- force. The Girl Scouts is working suc- amazingly celebrating its 90th anniver- tucky has made a substantial effort to cessfully to change this through the sary, and I believe it appropriate that reach out to young girls who typically Girls at the Center program, the Na- we congratulate all involved with this might not be able to be involved in the tional Science Partnership, the Elliott storied institution for having the cour- program due to monetary issues. They Wildlife Values Project, and one of the age and capability to withstand and have even gone as far as to establish newest initiatives, Girls Go Tech. conquer the hands of time. troops in homeless shelters and low-in- These programs have been very suc- March 12, 1912, Juliette ‘‘Daisy’’ Gor- come housing projects. The women of cessful in helping girls realize their full don and 18 girls from Savannah, Geor- Girl Scouts of Kentucky have gone potential in the areas of Math and gia gathered for what was to become above and beyond their call of duty to Science and I look forward to the con- the first official meeting of the Girl ensure that every young woman in the tinued success of these programs. Scouts. Like most great innovators, Commonwealth has the opportunity to Another feature of the Girl Scouts Juliette Gordon began her journey realize the vision Juliette Gordon set that I am excited about is its volunteer with a very simple and progressive out in 1912. I ask that my fellow col- component. I believe that the Girl idea. She thoroughly believed that leagues join me in applauding their Scouts is exactly the type of organiza- every young woman deserves the op- selfless efforts. tion that the President has referred to portunity to fully develop physically, Finally, I would like to share with in his call for more volunteers. I don’t mentally, and spiritually. Today, the my colleagues the timeless words of think anyone could disagree when I say Girl Scouts of the United States of The Girl Scout Law. that this organization is only success- America has a membership of 3.8 mil- I will do my best to be ful because of the efforts of its volun- lion—2.7 million girl members and over honest and fair, teers. Over 99 percent of the adults in- 900,000 adult members. That small friendly and helpful, volved in the Girl Scouts volunteer southern group of 18 Savannah women considerate and caring, their time. has grown over the last 90 years into courageous and strong, and March 14, 2002 CONGRESSIONAL RECORD — SENATE S1933 responsible for what I say and do and to As a member of the Honorary Con- tory, he decided to create a museum respect myself and others, gressional Girl Scout Troop and a dedicated to educating people about respect authority former Girl Scout, I encourage my col- the contributions of African Americans use resources wisely leagues to support Girl Scouts in the to society. In 1965, he opened the Inter- make the world a better place, and be a sister to every Girl Scout. 21st century. I look forward to working national Afro-American Museum in the with New York Girl Scouts to help cre- basement of his home and office. In- Mrs. CLINTON. Mr. President, on the ate opportunities for girls and to en- vesting significant amounts of his own occasion of the 90th anniversary of the courage youth involvement in public money and time into the museum, it Girl Scouts, I want to take this oppor- tunity to discuss the exciting work of service. eventually outgrew his home and was the Girl Scouts in New York State. I f moved into a new, larger building in the heart of Detroit’s University Cul- am proud to report that over 190,000 ADDITIONAL STATEMENTS girls participate in New York Girl tural Center and was renamed the Mu- Scout troops, with the help of over seum of African American History. 50,000 adult volunteers. IN RECOGNITION OF DR. CHARLES That museum moved again in 1997 to For 90 years, the Girl Scouts have H. WRIGHT: DOCTOR, HISTORIAN, an even larger building, and has re- been hard at work building the self-es- AND CIVIC LEADER ceived international recognition as one of the finest museums of its kind. In teem of girls, raising awareness about ∑ Mr. LEVIN. Mr. President, I ask the the importance of public service, build- 1998, it was renamed the Charles H. Senate to join me today in extending Wright Museum of African American ing character, and developing leader- my condolences to the family and ship skills. Today, as scouting enters History in recognition of the vision and friends of Dr. Charles H. Wright, who dedication of Dr. Wright. Each year the 21st century, Girl Scouts in New passed away on March 7, 2002. During York are involved in a series of new millions of Americans of all races visit his 83 years, Dr. Wright left an indel- this museum and learn about the his- projects and outreach efforts. ible mark on this country through his Immediately after September 11th, tory of African Americans, ensuring work as a doctor, a civil rights leader, New York troop leaders quickly revised that Dr. Wright’s legacy will live on a community activist and a leader in a curriculum on tolerance and diver- and be passed down to future genera- the national movement to create muse- sity to include the attack on New York tions. ums celebrating the history, culture and our country. The revised cur- Dr. Wright’s life should serve as an and accomplishments of African Amer- riculum helped to provide local leaders example to all Americans. Throughout icans. across the State with the tools they all his endeavors, he stressed the val- Legend has it that it was Charles needed to help girls deal with our na- ues of education, understanding and tional tragedy. Wright’s mother who inspired him to overcoming obstacles. But perhaps New York Girl Scouts are reaching attend medical school, by declaring at most importantly, he lived his life in out to new members in underserved age eight that he would become a doc- service to others. While he will be sore- communities. Troop leaders are work- tor. Growing up in segregated Ala- ly missed by those whose lives he ing through the schools and through bama, to parents who’s own education touched, he will long be remembered housing programs to recruit girls who stopped at elementary school, Wright for all that he gave.∑ had to overcome many obstacles to may not be familiar with scouting, and f to create opportunities for new experi- make his mother’s dream a reality. TRIBUTE TO KYLIE WHITE ences and challenges. But, as those who knew Dr. Wright can The Genesee Valley Girl Scouts offer attest, he was not one to shy away ∑ Mr. BROWNBACK. Mr. President, I an innovative conflict resolution pro- from a challenge. He did attend med- would like to take this moment to rec- gram that provides anger and conflict ical school, and in 1946 he moved to De- ognize Kylie White, a fifth grade stu- management training for middle school troit, where he served his community dent at Lowther South Intermediate girls referred by school guidance coun- as an obstetrician/gynecologist. He de- School in Emporia KS. Kylie was re- selors. Role-playing is used to teach livered more than 7,000 babies, includ- cently selected as the Kansas recipient girls a range of peaceful solutions to ing those of some of my staff. Today, of the Nicholas Green Distinguished different situations. This program has you can still meet adults in Detroit Student Award from the National As- been a huge success: 88 percent of par- who will refer to themselves as ‘‘Dr. sociation of Gifted Children. ticipants maintained or improved Wright’s babies.’’ The NAGC—Nicholas Green Distin- school attendance, 72 percent main- Dr. Wright was always concerned guished Student Awards program—rec- tained or improved their GPA and 82 about the plight of black people, both ognizes excellence in young children percent reduced disciplinary problems. here and in Africa. He answered the between third and sixth grade who From Buffalo to Chappaqua, from El- call of Dr. Martin Luther King, trav- have distinguished themselves in aca- mira to Long Island, Girl Scout troops eling to the South to protest and to demics, leadership, or the arts. This across New York are committed to help those protesters who required program is funded by the Nicholas public service projects that help instill medical assistance. He worked to end Green Foundation, established by in our youth the importance of helping discrimination in hospitals, where Maggie and Reg Green, and the Nich- others. And girls across the State are empty beds were being denied to blacks olas Green Scholarship Fund, both cre- learning the value of hard work and because the hospital refused to put ated to honor the memory of the commitment through their efforts to black patients and white patients in Green’s seven-year-old son Nicholas, meet the requirements of merit badges. the same room together. He traveled to who was killed in a drive-by-shooting Every year in New York, a small newly post-colonial Africa to work in while vacationing in Italy in 1994. The number of girls are honored with the villages lacking adequate health care program highlights high-ability stu- Gold Award, the highest achievement resources. He helped raise money so dents across the country, dem- award given by the Girl Scouts. In that African children could come to onstrating that gifted and talented order to be eligible for a Gold Award, a American universities. He was con- children come from all cultures, racial Girl Scout must first meet the require- stantly driven to serve others, and to and ethnic backgrounds, and socio- ments of a series of awards that require serve those whom he felt he could best economic groups. leadership and work on behalf of their help. The NAGC—Nicholas Green Distin- community. Gold Award recipients Dr. Wright is perhaps best known as guished Student Award honors Amer- must also design and follow through the man responsible for Detroit’s Mu- ica’s outstanding students, who serve with an extensive community service seum of African American History, the as role models for all of our Nation’s project. I want to take this oppor- largest such museum in the world. In- children as they strive for excellence. I tunity to congratulate the New York spired by his travels to Africa, and con- am proud that Kylie has been selected Gold Award honorees for their great cerned that the children he was helping to receive this honor on behalf of the public service accomplishments and to bring into the world had no place to State of Kansas. I wish her continued commitment to scouting. learn about themselves and their his- success in all of her future endeavors. S1934 CONGRESSIONAL RECORD — SENATE March 14, 2002 I ask consent that Kylie’s NAGC— tial teaching and learning community railroad east across New Jersey Nicholas Green Distinguished Student affiliated with the Presbyterian through the salt marshes to Absecon Award composition be printed in the Church, USA, Lyon encourages the free Island, now Atlantic City. Shortly RECORD following my remarks. intellectual inquiry essential to social, thereafter, Dr. Pitney again became a The composition follows: ethical and spiritual growth. With a leading force in the Village, peti- ‘‘Mama, a problem is only a problem until rich and scholarly and religious herit- tioning Congress to construct a light- you solve it.’’ These were the words I spoke age, Lyon develops, in a culture of house at the north end of Absecon Is- when I was only three. Ever since then I have honor, responsible citizens and leaders land. Years later the Absecon Light- been solving all different kinds of problems, committed to continued personal house was constructed putting an end whether they only took a couple minutes or growth and service. We in Arkansas are once and for all to the countless scores months to figure out. What I like about extremely proud of the young people of shipwrecks along the shoals and problems is that each and every one of them is different and you have to pull together all from Lyon College who will fill the ca- beaches near ‘‘Graveyard Inlet.’’ of your knowledge and creativity to figure thedral with song on March 17.∑ By 1899, Absecon’s population was them out. f only 530 people but, in March of 1902 I got interested in problem solving when I the legislature of the State of New Jer- was little. My Dad taught me how to solve CITY OF ABSECON CELEBRATES sey approved an act to incorporate Ab- all kinds of problems. Whether it was fig- CENTENNIAL secon City in the County of Atlantic, uring out the money in Monopoly or deciding ∑ Mr. CORZINE. Mr. President, it is as a city. From these humble begin- how to make a stable structure out of Legos with great pride that I bring to your nings, Absecon has grown to become a all kinds of ‘‘problems’’ were tackled. I was attention the lovely waterfront com- very lucky to have great first and second charming city by the water, housing a grade teachers who daily stretched my skills munity of Absecon, which is cele- Central Business District and Light In- and encouraged me to set high goals. Mrs. brating its centennial year on March dustrial areas. Davidson and Ms. Newton taught me how to 24, 2002. Absecon, originally Absecum, I invite my colleagues to join me in really push myself. comes from the Algonquin Indian word congratulating Mayor Peter C. Elco In second, third and fourth grades, my Absegami, meaning ‘‘Across Little and the citizens of Absecon on their principal offered the ‘‘Principal’s Problem of Water.’’ Located in Atlantic County, centennial. May they have another 100 the Week.’’ These were optional challenging Absecon was incorporated as a city on years of prosperity and community.∑ word or math problems that always got me March 24, 1902. It is governed by an thinking. I was awarded top ‘‘Principal’s f elected body consisting of a mayor and Problem of the Week Solver’’ three consecu- MESSAGES FROM THE PRESIDENT tive years. In grade school I went to the li- council members. The community, brary once every week and solved chal- which lies adjacent to Atlantic City, Messages from the President of the lenging problems for gifted children. encompasses 6 square miles and is pre- United States were communicated to I’ve been in Odyssey of the Mind for three dominantly residential, with a popu- the Senate by Ms. Evans, one of his years now. Odyssey of the Mind is a team lation of approximately 7,700 residents. secretaries. problem-solving competition with both Finding the area lush with pines, ce- f ‘‘long-term’’ and ‘‘spontaneous’’ problems. dars, and bayberry bushes, early The long-term solution you work on for English settlers in Absecon earned EXECUTIVE MESSAGES REFERRED months before you go to the competition. As in executive session the Presiding The spontaneous problem’s name kind of ex- their living clamming and oystering. plains itself. You get the problem and usu- Soon wharves lined the creek, and Officer laid before the Senate messages ally you get 1 minute to think and 2 minutes boats large and small were built along from the President of the United to answer. The team I was on in fourth grade the banks of this bustling seaport. In States submitting sundry nominations made it all the way to World Finals in Knox- 1795, Thomas Budd purchased 10,000 which were referred to the appropriate ville, Tennessee. Raising the money to get acres of land in what later became At- committees. there was a problem in itself. We had a lot of lantic County. He paid 4 cents an acre (The nominations received today are fun there and we took 25th place out of 44 for the land on which Atlantic City printed at the end of the Senate pro- teams in our division even though we were a ceedings.) very young team. now stands. It was called Further Is- This year in 5th grade my biggest chal- land, further from Absecon, and later f lenge has been learning how to speak called Absecon Beach and finally be- MESSAGE FROM THE HOUSE French. I have also served as a peer mentor came Atlantic City. The land was origi- in a group for students having problems nally purchased for control of the wa- At 12:06 p.m., a message from the making and maintaining friendships. I like terways and not for farming. House of Representatives, delivered by helping others solve their problems. In 1819, Dr. Jonathan Pitney, saddle- Ms. Niland, one of its reading clerks, Problem solving opens up a lot of opportu- bags brimming with medical supplies, a announced that the House has passed nities for me. The cure for cancer is a prob- blanket, and clothing, rode into Abse- the following bill, in which it requests lem. Putting the pieces together at a crime the concurrence of the Senate: scene and helping find a serial killer are im- con on horseback to set up his medical portant problems that will help people feel practice. Only 21 years old, Dr. Pitney H.R. 2341. An act to amend the procedures safer in their beds. I could help people solve came to Absecon after completing 2 that apply to consideration of interstate their problems if I were to become a psychol- years as an assistant in a hospital on class actions to assure fairer outcomes for ogist. I could be a teacher and help kids Staten Island, following his graduation class members and defendants, to outlaw cer- learn how to solve problems. Or maybe I tain practices that provide inadequate set- from a New York medical school. Few tlements for class members, to assure that could be a top presidential adviser and solve in the village could have known that international problems. attorneys do not receive a disproportionate Problems solving is a way to exercise your this young doctor would one day be- amount of settlements at the expense of brain. It is a fun way to expand your knowl- come famous and be forever known as class members, to provide for clearer and edge horizon. I hope to stay at it for a long, the ‘‘Father of Atlantic City.’’ For by simpler information in class action settle- long time.∑ 1834, the village known as Absecum in ment notices, to assure prompt consider- ation of interstate class actions, to amend f Galloway Township still only consisted of a tavern, store, and 8 to 10 dwellings. title 28, United States Code, to allow the ap- plication of the principles of Federal diver- RECOGNITION OF THE LYON When not visiting patients, Dr. COLLEGE CONCERT CHOIR sity jurisdiction to interstate class actions, Pitney could always be found strolling and for other purposes. ∑ Mrs. LINCOLN. Mr. President, I rise the shoreline taking in the sea air. It f today in recognition of the Lyon Col- did not take long for Dr. Pitney to re- lege Concert Choir on the occasion of alize the benefits of the sea air and to MEASURE REFERRED their performance at the National Ca- determine that this area was magical The following bill was read the first thedral, March 17, 2002. Lyon College, and had the ideal climate for a health and the second times by unanimous located in Batesville, AR, offers a lib- resort. Convincing the municipal au- consent, and referred as indicated: eral arts education of superior quality thorities that a railroad to the beach H.R. 2341. An act to amend the procedures in a personalized setting. A selective, would be beneficial, he was to be re- that apply to consideration of interstate independent, undergraduate, residen- sponsible for the construction of the class actions to assure fairer outcomes for March 14, 2002 CONGRESSIONAL RECORD — SENATE S1935 class members and defendants, to outlaw cer- EXECUTIVE REPORTS OF 170, a bill to amend title 10, United tain practices that provide inadequate set- COMMITTEES States Code, to permit retired mem- tlements for class members, to assure that The following executive reports of bers of the Armed Forces who have a attorneys do not receive a disproportionate service-connected disability to receive amount of settlements at the expense of committees were submitted: class members, to provide for clearer and By Mr. KENNEDY for the Committee on both military retired pay by reason of simpler information in class action settle- Health, Education, Labor, and Pensions. their years of military service and dis- ment notices, to assure prompt consider- Sally Strop, of Virginia, to be Assistant ability compensation from the Depart- ation of interstate class actions, to amend Secretary for Postsecondary Education, De- ment of Veterans Affairs for their dis- title 28, United States Code, to allow the ap- partment of Education. ability. By Mr. LEAHY for the Committee on the plication of the principles of Federal diver- S. 177 sity jurisdiction to interstate class actions, Judiciary. At the request of Mr. SMITH of New and for other purposes. Don Slazinik, of Illinois, to be United States Marshal for the Southern District of Hampshire, his name was added as a f Illinois for the term of four years. cosponsor of S. 177, a bill to amend the MEASURE PLACED ON THE Kim Richard Widup, of Illinois, to be provisions of title 39, United States CALENDAR United States Marshal for the Northern Dis- Code, relating to the manner in which trict of Illinois for the term of four years. The following bill was read the sec- pay policies and schedules and fringe (Nominations without an asterisk ond time, and placed on the calendar benefit programs for postmasters are were reported with the recommenda- established. H.R. 2175. An act to protect infants who are tion that they be confirmed.) born alive. S. 780 f f At the request of Mr. INHOFE, the INTRODUCTION OF BILLS AND name of the Senator from Virginia (Mr. EXECUTIVE AND OTHER JOINT RESOLUTIONS ALLEN) was added as a cosponsor of S. COMMUNICATIONS 780, a bill to amend the Internal Rev- The following bills and joint resolu- The following communications were enue Code of 1986 to allow individuals tions were introduced, read the first laid before the Senate, together with who do not itemize their deductions a and second times by unanimous con- accompanying papers, reports, and doc- deduction for a portion of their chari- sent, and referred as indicated: uments, which were referred as indi- table contributions, and for other pur- cated: By Mr. HARKIN (for himself, Mr. DUR- poses. BIN, Mrs. CLINTON, and Mr. SCHUMER): EC–5730. A communication from the Sec- S. 2013. A bill to clarify the authority of S. 952 retary of the Interior, transmitting a draft the Secretary of Agriculture to prescribe At the request of Mr. GREGG, the of proposed legislation entitled ‘‘Bureau of performance standards for the reduction of name of the Senator from Massachu- Land Management Appropriations Reauthor- pathogens in meat, meat products, poultry, setts (Mr. KERRY) was added as a co- ization Act of 2002’’; to the Committee on and poultry products processed by establish- sponsor of S. 952, a bill to provide col- Energy and Natural Resources. ments receiving inspection services; to the EC–5731. A communication from the Gen- lective bargaining rights for public Committee on Agriculture, Nutrition, and safety officers employed by States or eral Counsel of the Department of Com- Forestry. merce, transmitting a draft of proposed leg- By Mr. FEINGOLD (for himself and Ms. their political subdivisions. islation entitled ‘‘Analog Spectrum Lease COLLINS): S. 1258 Fee Act’’; to the Committee on Commerce, S. 2014. A bill to provide better Federal At the request of Mr. DORGAN, the Science, and Transportation. interagency coordination and support for name of the Senator from New Mexico EC–5732. A communication from the Gen- emergency medical services; to the Com- (Mr. BINGAMAN) was added as a cospon- eral Counsel of the Department of Com- mittee on Governmental Affairs. merce, transmitting a draft of proposed leg- sor of S. 1258, a bill to improve aca- By Mr. SMITH of New Hampshire: demic and social outcomes for teenage islation entitled ‘‘Promoting Certainty in S. 2015. A bill to exempt certain users of Upcoming Spectrum Auctions Act’’; to the fee demonstration areas from fees imposed youth. Committee on Commerce, Science, and under the recreation fee demonstration pro- S. 1278 Transportation. gram ; to the Committee on Energy and Nat- At the request of Mrs. LINCOLN, the f ural Resources. names of the Senator from New York By Mr. MURKOWSKI: (Mr. SCHUMER) and the Senator from REPORTS OF COMMITTEES S. 2016. A bill to authorize the exchange of Alabama (Mr. SHELBY) were added as lands between an Alaska Native Village Cor- The following reports of committees cosponsors of S. 1278, a bill to amend were submitted: poration and the Department of the Interior, and for other purposes; to the Committee on the Internal Revenue Code of 1986 to By Mr. LEAHY, from the Committee on Energy and Natural Resources. allow a United States independent film the Judiciary, without amendment and with By Mr. CAMPBELL (for himself and and television production wage credit. a preamble: Mr. INOUYE): S. 1394 S. Res. 206: A resolution designating the S. 2017. A bill to amend the Indian Financ- week of March 17 through March 23, 2002 as At the request of Mr. ENSIGN, the ing Act of 1974 to improve the effectiveness name of the Senator from Arkansas ‘‘National Inhalants and Poison Prevention of the Indian loan guarantee and insurance Week’’. program; to the Committee on Indian Af- (Mr. HUTCHINSON) was added as a co- By Mr. LEAHY, from the Committee on fairs. sponsor of S. 1394, a bill to amend title the Judiciary, with an amendment in the na- By Mr. SARBANES: XVIII of the Social Security Act to re- ture of a substitute and an amendment to S. 2019. A bill to extend the authority of peal the medicare outpatient rehabili- the title and with an amended preamble: the Export-Import Bank until April 30, 2002; tation therapy caps. S. Res. 207: A resolution designating March considered and passed. 31, 2002, and March 31, 2003, as ‘‘National Ci- S. 1617 vilian Conservation Corps Day’’. f At the request of Mr. DODD, the name By Mr. LEAHY, from the Committee on SUBMISSION OF CONCURRENT AND of the Senator from South Dakota (Mr. the Judiciary, without amendment and with SENATE RESOLUTIONS JOHNSON) was added as a cosponsor of a preamble: S. 1617, a bill to amend the Workforce The following concurrent resolutions S. Res. 221: A resolution to commemorate Investment Act of 1998 to increase the and acknowledge the dedication and sacrifice and Senate resolutions were read, and hiring of firefighters, and for other pur- made by the men and women who have lost referred (or acted upon), as indicated: poses. their lives while serving as law enforcement By Mr. SCHUMER: S. 1752 officers.. S. Res. 226. A resolution designating April By Mr. LEAHY, from the Committee on 6, 2002, as ‘‘National Missing Persons Day’’; At the request of Mr. CORZINE, the the Judiciary, with an amendment in the na- to the Committee on the Judiciary. name of the Senator from Illinois (Mr. ture of a substitute and an amendment to f DURBIN) was added as a cosponsor of S. the title: 1752, a bill to amend the Public Health S. 1356: A bill to establish a commission to ADDITIONAL COSPONSORS review the facts and circumstances sur- Service Act with respect to facilitating rounding injustices suffered by European S. 170 the development of microbicides for Americans, Europeans Latin Americans, and At the request of Mr. SANTORUM, his preventing transmission of HIV and European refugees during World War II. name was added as a cosponsor of S. other sexually transmitted diseases. S1936 CONGRESSIONAL RECORD — SENATE March 14, 2002 S. 1794 STATEMENTS ON INTRODUCED tially. The Salmonella standard, there- At the request of Mr. CLELAND, the BILLS AND JOINT RESOLUTIONS fore has been successful. The Fifth Cir- name of the Senator from Georgia (Mr. By Mr. HARKIN (for himself, Mr. cuit Court’s decision threatens to de- stroy this success and set our food safe- MILLER) was added as a cosponsor of S. DURBIN, Mrs. CLINTON, and Mr. ty system back by years. 1794, a bill to amend title 49, United SCHUMER): States Code, to prohibit the unauthor- S. 2013. A bill to clarify the authority The other major problem is that we ized circumvention of airport security of the Secretary of Agriculture to pre- have an industry dead set on striking systems and procedures. scribe performance standards for the down USDA’s authority to enforce meat and poultry pathogen standards. S. 1899 reduction of pathogens in meat, meat products, poultry, and poultry products Ever since the original Supreme Beef At the request of Mr. BROWNBACK, the decision, I have spent many hours try- name of the Senator from Idaho (Mr. processed by establishments receiving inspection services; to the Committee ing to find a compromise that will CRAPO) was added as a cosponsor of S. allow us to ensure we have enforceable, 1899, a bill to amend title 18, United on Agriculture, Nutrition, and For- estry. science-based standards for pathogens States Code, to prohibit human in meat and poultry products. I have cloning. Mr. HARKIN. Mr. President, today I am introducing the Meat and Poultry previously introduced legislation to ad- S. 1995 Pathogen Reduction Act of 2002. On De- dress this issue and I have worked with At the request of Ms. SNOWE, the cember 6, 2001, the Fifth Circuit Court industry leaders attempting to reach a name of the Senator from Florida (Mr. of Appeals upheld and expanded an ear- reasonable compromise. NELSON) was added as a cosponsor of S. lier District Court decision that re- However, despite repeated attempts 1995, a bill to prohibit discrimination moves the U.S. Department of Agri- to address industry concerns, industry on the basis of genetic information culture’s, USDA, authority to enforce has continually back-tracked and with respect to health insurance and its Pathogen Performance Standard for moved the finish line. Many times, I have made changes in my legislation to employment. Salmonella. Passage of this bill is vital address their concerns of the moment S. RES. 206 because the Fifth Circuit’s decision in only to have them come back and say Supreme Beef v. USDA, Supreme Beef, At the request of Mr. MURKOWSKI, the we have not gone far enough. We can- seriously weakens the substantial food names of the Senator from Delaware not let the intransigence of the meat safety improvements adopted by USDA (Mr. BIDEN), the Senator from Iowa and poultry industry place our children in its 1996 Hazard Analysis Critical (Mr. GRASSLEY), the Senator from and our families at increased risk of Control Point and Pathogen Reduction, North Dakota (Mr. CONRAD), the Sen- getting ill or dying, because some in HACCP, rule. ator from Tennessee (Mr. FRIST), and the industry want to backtrack on food According the Fifth Circuit’s opinion the Senator from Nebraska (Mr. safety. in Supreme Beef, today, USDA does not HAGEL) were added as cosponsors of S. I plan to seek every opportunity to Res. 206, a resolution designating the have the authority to enforce Perform- get the Meat and Poultry Pathogen Re- week of March 17 through March 23, ance Standards for reducing viral and duction Act enacted. I think it is es- 2002 as ‘‘National Inhalants and Poison bacterial pathogens. This decision seri- sential, both to ensuring the mod- Prevention Week.’’ ously undermines the new meat and ernization of our food safety system, poultry inspection system. S. RES. 219 and ensuring consumers that we are The Pathogen Performance Standard making progress in reducing dangerous At the request of Mr. GRAHAM, the rule recognized that bacterial and viral pathogens. name of the Senator from Alabama pathogens were the foremost food safe- (Mr. SESSIONS) was added as a cospon- I hope that both parties, and both ty threat in America, responsible for houses of Congress will be able to act sor of S. Res. 219, a resolution express- 5,000 deaths, 325,000 hospitalizations ing support for the democratically to pass this legislation without delay. and 76 million illnesses each year. To The public’s confidence in our meat elected Government of Colombia and address the threat of foodborne illness, its efforts to counter threats from and poultry inspection system depends USDA developed a modern inspection on it. United States-designated foreign ter- system based on two fundamental prin- rorist organizations. Mr. DURBIN. Mr. President, today I ciples. am joining Senator HARKIN in intro- S. RES. 221 The first was that industry has the ducing legislation that will clarify the At the request of Mr. DEWINE, his primary responsibility to determine United States Department of Agri- name was added as a cosponsor of S. how to produce the safest products pos- culture’s, USDA, authority to enforce Res. 221, a resolution to commemorate sible. Industry must examine its plants pathogen reduction standards in meat and acknowledge the dedication and and determine how to control contami- and poultry products. I am pleased to sacrifice made by the men and women nation throughout the food production join in this very important effort. who have lost their lives while serving process, from the moment a product ar- Make no mistake, our country has as law enforcement officers. rives at their door until the moment it been blessed with one of the safest and S. CON. RES. 84 leave their plant. most abundant food supplies in the The second, even more crucial prin- At the request of Mr. SCHUMER, the world. However, we can do better. ciple was that plants nationwide must names of the Senator from Illinois (Mr. While food may never be completely reduce levels of dangerous pathogens in DURBIN), the Senator from Louisiana free of risk, we must strive to make meat and poultry products. To ensure our food as safe as possible. Foodborne (Ms. LANDRIEU), and the Senator from the new inspection system accom- illnesses and hazards are still a signifi- Wisconsin (Mr. KOHL) were added as co- plished this, USDA developed Pathogen sponsors of S. Con. Res. 84, a concur- cant problem that cannot be passively Performance Standards. These stand- rent resolution providing for a joint dismissed. ards provide targets for reducing levels The Centers for Disease Control and session of Congress to be held in New of pathogens and require all USDA-in- Prevention, CDC, estimate that as York City, New York. spected facilities to meet them. Facili- many as 76 million people suffer from AMENDMENT NO. 3008 ties failing to meet a standard may be foodborne illnesses each year. Of those At the request of Mr. DAYTON, the shut down until they create a correc- individuals, approximately 325,000 will name of the Senator from South Da- tive action plan to meet the standard. be hospitalized, and more than 5,000 kota (Mr. JOHNSON) was added as a co- So far, USDA has only issued one will die. Children and the elderly are sponsor of amendment No. 3008 pro- Pathogen Performance Standard, for especially vulnerable. In terms of med- posed to S. 517, a bill to authorize fund- Salmonella. The vast majority of ical costs and productivity losses, ing the Department of Energy to en- plants in the U.S. have been able to foodborne illnesses cost the nation bil- hance its mission areas through tech- meet the new standard, so it is clearly lions of dollars annually, and the situa- nology transfer and partnerships for workable. in addition, USDA reports tion is not likely to improve without fiscal years 2002 through 2006, and for that Salmonella levels for meat and decisive action. In fact, the Depart- other purposes. poultry products have fallen substan- ment of Health and Human Services March 14, 2002 CONGRESSIONAL RECORD — SENATE S1937 predicts that foodborne illnesses and pathogen performance standards for help to coordinate and prioritize Fed- deaths will increase 10–15 percent over meat and poultry products. Only with eral EMS activities that support first the next decade. this authority will the Secretary of Ag- responders, and at the same time, en- In an age where our Nation’s food riculture be able to ensure the safety of sure effective utilization of taxpayer supply is facing tremendous pressures, the meat and poultry products sold in dollars. from emerging pathogens to an ever- this country. This legislation does not begin to ad- growing volume of food imports, from The court’s decision in the Supreme dress many of the challenges facing our changing food consumption patterns to Beef case is a step back for food safety. local EMS providers, but it is an im- an aging population susceptible to We must work together to ensure that portant first step. I know it is an im- food-related illnesses, and from age-old USDA has the necessary authority to portant step because this legislation is bacterial threats to new potential food enforce pathogen performance stand- a direct result of the input by Wiscon- security risks, we must have a stronger ards that will protect public health. sin’s fire chiefs, members of Emer- system in place to ensure the safety of Let’s not turn our back on food safety gency Medical Service Board and oth- our food. and consumer protection at such a crit- ers. In particular, I would like to thank A key tool for addressing foodborne ical time for food safety and security. I Dr. Marvin Birnbaum of the University illness in this country has been USDA’s encourage my colleagues to join us in of Wisconsin, Fire Chief Dave Bloom of Pathogen Reduction/Hazard Analysis this effort to protect our food supply the Town of Madison, and Dan Wil- and Critical Control Point, PR/HACCP, and public health. liams, the Chair of Wisconsin’s EMS regulations that were phased in begin- advisory board, for their advice and ning in January 1998. Under these regu- By Mr. FEINGOLD (for himself, guidance. lations, USDA developed a scientific and Ms. COLLINS): I am also pleased that my legislation approach aimed at protecting con- S. 2014. A bill to provide better Fed- has support from public health groups sumers from foodborne pathogens. In- eral interagency coordination and sup- such as the American Heart Associa- stead of a system based on sight, smell port for emergency medical services; to tion and other important groups such and touch, USDA moved to a system the Committee on Governmental Af- as the State EMS Directors. In par- that would successfully detect harmful fairs. ticular, I would like to express my ap- pathogens whether visible or not and By Mr. FEINGOLD. Mr. President, I preciation to Steve Hise of the State keep them from entering the food sup- rise today with my colleague from EMS Directors and Karl Moeller of the ply. A major part of this system in- Maine to introduce legislation that American Heart Association for their cluded testing for Salmonella, which is will help to improve and streamline input and consistent advocacy on not only one of the most common Federal support for community-based issues facing the EMS community. foodborne pathogens, but also one of emergency medical services. Our pro- We must be aggressive in seeking the the easiest to detect. USDA used this posal will also provide an avenue for advice of our local EMS providers, and testing data to determine if meat and local officials and EMS providers to helping them to attain the resources poultry plants were producing products help Federal agencies improve existing that they need to provide effective that were safe for human health. programs and future initiatives. services. They are on the front lines, Research indicates that USDA’s sys- Five Federal agencies currently pro- and deserve our support. I ask my col- tem was working well. According to vide technical assistance and funding leagues to join me in taking this im- former Secretary of Agriculture, Dan to State and local EMS systems. These portant first step to cosponsor this leg- Glickman, the testing techniques were Agencies are the National Highway islation and improve and streamline successful in controlling Salmonella Traffic Safety Administration, the De- Federal support for community-based and other deadly pathogens. In less partment of Health and Human Serv- emergency medical services. than three years, the Salmonella ices’ Health Resources and Services standard was working, cutting the inci- Administration, the Centers for Dis- By Mr. SMITH of New Hamp- dence of Salmonella in ground beef by ease Control and Prevention, the Fed- shire: a third. eral Emergency Management Agency’s S. 2015. A bill to exempt certain users USDA’s pathogen testing regulations U.S. Fire Administration, and the Cen- of fee demonstration areas from fees provided consumers with much needed ters for Medicare and Medicaid Serv- imposed under the recreation fee dem- confidence in the safety of meat and ices. onstration program; to the Committee poultry products. However, that con- Last year, the General Accounting on Energy and Natural Resources. fidence has been shattered by a recent Office cited the need to increase co- Mr. SMITH of New Hampshire. Mr. court decision. Last December, the 5th ordination between these agencies as President, I rise today to introduce leg- Circuit Court of Appeals ruled that they address the needs of local emer- islation that would provide equity and USDA could not close down the meat gency medical service providers. Ac- fairness to the application of the Rec- processor Supreme Beef, Inc., a sup- cording to GAO, these needs, including reational Fee Demonstration Program, plier providing products to our Na- personnel, training, equipment, and or the Fee Demo Program, as it is more tion’s school children through the Fed- more emergency personnel in the field, commonly called. This bill, the Host eral school lunch program, even after tend to vary between urban and rural Community Fairness Act, would ex- USDA inspectors tested and found the communities. empt local residents from fees imposed presence of potentially harmful levels The Federal Government needs to as part of the Fee Demo Program. of Salmonella at the plant on three step up to the plate and provide sup- As I am sure my colleagues are all separate occasions. The result of this port to our firefighters, EMTs, emer- aware, the Fee Demo Program, which court case is that USDA can no longer gency physicians, emergency nurses, started in fiscal year 1996, was estab- ensure that meat and poultry plants state medical directors, and others who lished to fund recreational and re- comply with pathogen standards. This provide the emergency care to those in source needs, and repair facilities creates a significant risk that meat need. And the Federal agencies must throughout our national forests, parks and poultry products contaminated listen to their priorities. We have five and other public lands. Currently, each with common but potentially deadly Federal agencies currently involved in land management agency can establish foodborne pathogens will be sold to supporting EMS services, but they lack any number of fee projects and retain unsuspecting consumers. coordination and the necessary input and spend all the revenue collected. The legislation we are introducing from our local EMS providers. However, at least 80 percent of the fees today will clarify USDA’s authority to Over the past few years, each of the collected are retained at the site where enforce strong safety standards for five Federal agencies has separately collected. The program was originally contamination in meat and poultry initiated attempts to promote activi- supposed to end at the end of FY98; products. Specifically, this legislation ties to strengthen support for EMS pro- however, due to extensions that have will provide the Secretary of Agri- viders and address the needs cited in occurred through the appropriations culture with the clear authority to the GAO report. While these efforts are process, it is now set to expire at the control for pathogens and enforce certainly welcome, our legislation will end of FY04. S1938 CONGRESSIONAL RECORD — SENATE March 14, 2002 While I agree that the intentions of ...’’. As the senior Senator from New Newtok is located within the bound- this program are good, there are flaws Hampshire, I find these statements aries of the Yukon Delta National that must be addressed. What concerns very disheartening. In New Hampshire, Wildlife Refuge. Under the Alaska Na- me most is double-taxation for the there is a longstanding tradition of tive Claims Settlement Act of 1971, local residents who live in and around open access to both public and private Newtok had land selection rights with- these Fee Demo areas. These individ- lands. The Fee Demo program runs in the Refuge. Most of the lands se- uals should not also be required to pay counter to that tradition. Members of lected by and conveyed to the village to use these lands. Especially when Congress have a duty to their constitu- by the United States lie on the north they already suffer from a decreased ents to maintain a cooperative rela- side of the Ninglick River, although a tax-base due to the presence of Federal tionship between the Federal land portion of the village land holdings are lands in their community and who help management agencies and the commu- on Nelson Island, to the south. to provide emergency services. It is nities that are required to host them. The village has identified 5,580 acres wrong to ask them to pay to use land Enactment of the Host Community on Nelson Island that will be more that they already support and is essen- Fairness Act is one small step we can suitable for a permanent village loca- tially in their own backyard. take in addressing these legitimate tion. The land on Nelson Island is high- Just to be clear, this legislation concerns and restoring the goodwill er in elevation and is underlain with would exempt residents of any county previously enjoyed between the Fed- rock and gravel. Furthermore, it is sit- or counties that host any Federal land eral lands across this country and their uated such that hydraulic forces of the that has a Fee Demo project from pay- host communities. river are unlikely to pose any future ing the fee, regardless of where in the Mr. President, I ask unanimous con- threat to the well-being of the village. forest or park the fee is being imposed. sent that the text of the bill be printed The proposed legislation authorizes When I say Federal land, I mean any in the RECORD. an equal value exchange of lands be- National Forest, National Park, Na- There being no objection, the bill was tween the Fish and Wildlife Service tional Wildlife Refuge or Bureau of ordered to be printed in the RECORD, as and the Newtok Native Corporation, Land Management land. follows: the ANCSA corporation organized by I would like to take a moment to S. 2015 the village which owns the Newtok Vil- talk about how this impacts the State Be it enacted by the Senate and House of Rep- lage lands. The proposed exchange is of New Hampshire. Nearly 50-percent of resentatives of the United States of America in Congress assembled, the first important step in allowing the Berlin, New Hampshire, which has a SECTION 1. SHORT TITLE. Newtok villagers to relocate their vil- population of about 10,000, falls within This Act may be cited as the ‘‘Host Com- lage to safe ground. the boundaries of the White Mountain munity Fairness Act of 2002’’. The exchange is proposed primarily National Forest. Unfortunately, the SEC. 2. LOCAL EXEMPTIONS FROM USER FEES. for health and safety reasons, to pro- city of Berlin has dealt with several Section 315 of the Department of Interior tect the lives and property of Alaska economic setbacks, including the re- and Related Agencies Appropriations Act for Native villagers. However, there is a di- cent closure of a local paper mill, its Fiscal Year 1996 (16 U.S.C. 460l–6a note; Pub- rect benefit to the broader interest of largest employer. When this situation lic Law 104–134) is amended— the United States. The land Newtok is combined with the fact that half (1) by redesignating subsections (c), (d), (e), and (f) as subsections (d), (e), (f), and (g), re- proposes to relinquish contains habitat their land is tied up in the National spectively; and of higher value for geese, brant, and Forest, the result is a severe hit to this (2) by inserting after subsection (b) the fol- Spectacled Eider than the land on Nel- city’s tax base. Asking these citizens lowing: son Island that has been selected for to pay a fee to hike in their own back- ‘‘(c) LOCAL EXEMPTIONS FROM USER FEES.— the new village location. Thus the yard is not only unfair, it is also ‘‘(1) IN GENERAL.—A person that resides in Yukon Delta National Wildlife Refuge, wrong. I think it is also reasonable to a county in which a fee demonstration area while receiving lands of equal eco- assume that this kind of economic sit- is located, in whole or in part, shall be ex- empt from any recreational user fees im- nomic value in the exchange, will actu- uation is not unique to host commu- posed under this section for access to any ally be receiving lands of greater value nities in New Hampshire. portion of the fee demonstration area. for waterfowl habitat. Finally, it should be noted that a ‘‘(2) ADMINISTRATION.—The Secretary of We should not underestimate the im- clear and convincing majority of the the Interior and the Secretary of Agriculture portance of congressional action this New Hampshire House of Representa- in consultation with affected State and local year on this matter. It will take sev- tives sent a message to the U.S. Con- governments, shall establish a method for eral years to actually relocate the vil- gress regarding their serious concerns identifying and exempting persons covered lage. Facilities must be constructed with this program. On February 14, by this subsection from the user fees.’’. and homes must be built. Before any of 2002, the New Hampshire House over- By Mr. MURKOWSKI. that can begin, the land must be ex- whelmingly voted in favor of a resolu- S. 2016. A bill to authorize the ex- changed. I therefore urge my col- tion that clearly outlines what they change of lands between an Alaska Na- leagues to support this important leg- see as the negative effect this program tive Village Corporation and the De- islation. has had on their local communities. partment of the Interior, and for other The New Hampshire House is one the purposes; to the Committee on Energy By Mr. CAMPBELL (for himself largest parliamentary bodies in the and Natural Resources. and Mr. INOUYE): world. Its 400 members receive only a Mr. MURKOWSKI. Mr. President, I S. 2017. A bill to amend the Indian Fi- $100 per year stipend and they are truly rise today to introduce legislation to nancing Act of 1974 to improve the ef- citizen legislators. The resolution’s pri- address a critical concern for one of fectiveness of the Indian loan guar- mary sponsors included both Repub- Alaska’s rural villages. antee and insurance program; to the licans and Democrats as well as the The village of Newtok, in far western Committee on Indian Affairs. Speaker of the House and the former Alaska, is facing the loss of its homes Mr. CAMPBELL. Mr. President, it is Speaker of the House, who is now a and facilities to ever-encroaching ero- my pleasure to introduce the Indian Fi- State Senator. sion by the Ninglick River. The village nancing Act Amendments of 2002 to im- What concerns me most with what is presently located on the north bank prove the effectiveness of an economic these citizen legislators are saying is of the river, just downstream of a development program essential to our that, ‘‘. . . the Recreational Fee Dem- sweeping bend, which is reclaiming the Native American community. As one of onstration Program has undermined bank at a rate of several feet per year. the legislative flowerings of President the longstanding goodwill between the By at least 2008, some homes will no Nixon’s ‘‘Special Message to Congress White Mountain National Forest and longer be habitable and the village air- on Indian Affairs,’’ the Indian Financ- New Hampshire citizens and commu- port will begin to suffer irreparable ing Act joins the Indian Self Deter- nities . . .’’ and ‘‘. . . the traditional damage. It is critical for the future of mination and Education Assistance support of the New Hampshire citizens Newtok’s residents that Congress act Act as pillars of Federal Indian policy. for activities such as trail maintenance this year to make provision for the re- Since Congress enacted the Indian Fi- and fire safety have been compromised location of the village. nancing Act of 1974 and established the March 14, 2002 CONGRESSIONAL RECORD — SENATE S1939 Indian Revolving Loan Fund program, transfer of the loan. The use of the fis- (A) promulgate regulations to encourage the Secretary of the Interior has had cal transfer agent ensures that loan re- and expand a secondary market program for the ability to insure and guaranty the payments made to the original lender loans guaranteed by the Secretary; and repayment by qualified Native Amer- are properly flowed through any inves- (B) allow the pooling of the loans as the secondary market develops; and ican borrowers of small business loans tors. Most importantly, the ability of (6) to authorize the Secretary to establish issued by private banks and lenders. the SBA to regulate or otherwise dis- a schedule for assessing lenders and inves- The focus of the loan program is com- cipline originating lenders is tors for the necessary costs of the fiscal mercial lending to Native American- unimpeded by the secondary market. transfer agent and system. owned businesses who cannot otherwise The ‘‘Indian Financing Act Amend- SEC. 3. LOAN GUARANTEES. obtain financing in conventional credit ments of 2002’’ directs the Secretary of Section 205 of the Indian Financing Act of markets. the Interior to take similar steps to 1974 (25 U.S.C. 1485) is amended— The Indian Revolving Fund Program the SBA program by allowing the effi- (1) by inserting ‘‘(a) IN GENERAL.—’’ before has grown over the past 28 years to cient functioning of a secondary mar- ‘‘Any loan’’; and reach $60 million in annual lending to ket for Native American loans or loan (2) by adding at the end the following: ‘‘(b) TRANSFER OF LOANS AND Native Americans, though the need for guaranties made by the Interior De- UNGUARANTEED PORTIONS OF LOANS.— capital in Indian economies far out- partment. ‘‘(1) TRANSFER.— strips this amount. The ‘‘Mortgage Fi- It is my hope that the Indian Financ- ‘‘(A) IN GENERAL.—The lender of a loan nance News’’ reports that for housing ing Act Amendments of 2002 will pro- guaranteed under this title may transfer to finance alone, there is $2.7 billion in foundly effect Native American small any person— pent-up demand in the Indian commu- business owners throughout the United ‘‘(i) all of the rights and obligations of the nity. In addition, the ‘‘Native Amer- States, and that the support of the De- lender under the loan, or in an unguaranteed ican Lending Study’’ released by the partment, and the Native American portion of the loan; and Community Development Financial In- and financial communities, we can ef- ‘‘(ii) the security given for the loan or unguaranteed portion. fect positive change not just for Native stitutions shows, there are great needs ‘‘(B) REGULATIONS.—A transfer under sub- in Native communities for more cap- American small business owners, and paragraph (A) shall be consistent with such ital and liquidity. These unmet needs for Indian communities generally. regulations as the Secretary shall promul- are holding back the growth of Indian I ask unanimous consent that the gate under subsection (g). economies. text of the bill be printed in the ‘‘(C) NOTICE.—A lender that completes a The purpose of a Federal loan guar- RECORD. transfer under subparagraph (A) shall give anty is to stimulate the private lend- There being no objection, the bill was notice of the transfer to the Secretary (or a ing community into being more active ordered to be printed in the RECORD, as designee of the Secretary). follows: ‘‘(2) EFFECT OF TRANSFER.—On any transfer with clients and customers they should under this subsection, the transferee shall— be serving. Under the current Indian S. 2017 ‘‘(A) be considered to be the lender under guaranteed loan program, the lender Be it enacted by the Senate and House of Rep- this title; shares in the cost of any loan default, resentatives of the United States of America in ‘‘(B) become the secured party of record; and is not 100 percent guaranteed by Congress assembled, and the government. SECTION 1. SHORT TITLE. ‘‘(C) be responsible for— Lenders across the country have told This Act may be cited as the ‘‘Indian Fi- ‘‘(i) performing the duties of the lender; the Committee on Indian Affairs that a nancing Act Amendments of 2002.’’. and major problem restraining their par- SEC. 2. FINDINGS AND PURPOSE. ‘‘(ii) servicing the loan or portion of the loan, as appropriate, in accordance with the ticipation in this program is the lack (a) FINDINGS.—Congress finds that— (1) the Indian Financing Act of 1974 (25 terms of guarantee of the Secretary of the of liquidity once the loan is made. U.S.C. 1451 et seq.) was intended to provide loan or portion of the loan. These small business loans tend to stay Native American borrowers with access to ‘‘(c) TRANSFER OF GUARANTEED PORTIONS on the books for a long time. They are commercial capital sources that, but for that OF LOANS.— paid down but not as rapidly refinanced Act, would not be available through loans ‘‘(1) TRANSFER.— as conventional loans. Therefore, a guaranteed by the Secretary of the Interior; ‘‘(A) IN GENERAL.—The lender of a loan bank has its capital tied up in these (2) although the Secretary of the Interior guaranteed under this title, and any subse- loans, and cannot easily turn around has made loan guarantees available, accept- quent transferee of all or part of the guaran- ance of loan guarantees by lenders to benefit teed portion of the loan, may transfer to any and use that capital again. person— The financial community long ago Native American business borrowers has been limited; ‘‘(i) all or part of the guaranteed portion of came up with a system to respond to (3) 27 years after enactment of the Act, the the loan; and this general need, and that is to allow promotion and development of Native Amer- ‘‘(ii) the security given for the guaranteed investors to buy loans on the sec- ican-owned business remains an essential portion transferred. ondary market. This is the cornerstone foundation for growth of economic and social ‘‘(B) REGULATIONS.—A transfer under sub- for our private mortgage market and stability of Native Americans; paragraph (A) shall be consistent with such the essential job of Fannie Mae and (4) acceptance by lenders of the loan guar- regulations as the Secretary shall promul- Freddie Mac. But it is also an impor- antees may be limited by liquidity and other gate under subsection (g). ‘‘(C) NOTICE.—A lender that completes a tant part of commercial lending. The capital market-driven concerns; and (5) it is in the best interest of the guaran- transfer under subparagraph (A) shall give Small Business Administration, which teed loan program to— notice of the transfer to the Secretary (or a makes loan guaranties available (A) encourage the orderly development and designee of the Secretary). through over 1,000 lenders nationwide, expansion of a secondary market for loans ‘‘(D) ACKNOWLEDGEMENT.—On receipt of no- 17 years ago recognized the importance guaranteed by the Secretary; and tice of a transfer under subparagraph (C), the of secondary market for its SBA loan (B) expand the number of lenders origi- Secretary (or a designee of the Secretary) guaranties. At its request, Congress en- nating loans under that Act. shall issue to the transferee the acknowl- acted legislation which allows for the (b) PURPOSES.—The purposes of this Act edgement of the Secretary of— are— ‘‘(i) the transfer; and orderly transfer and sales of the guar- (1) to stimulate the use by lenders of sec- ‘‘(ii) the interest of the transferee in the anteed portion of the SBA loans ondary market investors for loans guaran- guaranteed portion of a loan that was trans- through a secondary market fiscal teed by the Secretary of the Interior; ferred. transfer agent. This system operates (2) to preserve the authority of the Sec- ‘‘(2) EFFECT.—Notwithstanding any other largely at no cost to the government, retary to administer the program and regu- provision of law, with respect to any transfer as the fees for the transfer are paid by late lenders; under this subsection, the lender shall— the buyers and sellers of the loans, and (3) to clarify that a good faith investor in ‘‘(A) remain obligated under the guarantee not passed back to the borrowers. loans guaranteed by the Secretary will re- agreement between the lender and the Sec- The SBA loan program is highly suc- ceive appropriate payments; retary; (4) to provide for the appointment by the ‘‘(B) continue to be responsible for serv- cessful. It assists smaller lenders who Secretary of a qualified fiscal transfer agent icing the loan in a manner consistent with may not regularly participate in these to administer a system for the orderly trans- the guarantee agreement; and government programs by giving them a fer of the loans; ‘‘(C) remain the secured creditor of record. standardized and simple process for (5) to authorize the Secretary to— ‘‘(d) FULL FAITH AND CREDIT.— S1940 CONGRESSIONAL RECORD — SENATE March 14, 2002 ‘‘(1) IN GENERAL.—The full faith and credit 1748 grant to the Pueblo from a rep- most of the last century and over the of the United States is pledged to the pay- resentative of the King of Spain. That years has issued patents for several ment of all loan guarantees made under this grant was recognized and confirmed by hundred acres of land within the area title. Congress in 1858, 11 Stat. 374). There re- to persons who had no notice of the ‘‘(2) VALIDITY.— ‘‘(A) IN GENERAL.—Except as provided in mains, however, a dispute over the lo- Pueblo’s claim. As a result, there are subparagraph (B), the validity of a guarantee cation of the eastern boundary of the now several subdivisions within the ex- of a loan under this title shall be incontest- Pueblo that stems from an 1859 survey ternal boundaries of the area, and al- able if the guarantee is held by a transferee of the grant. That survey fixed the though the Pueblo’s lawsuit specifi- of a guaranteed obligation whose interest in eastern boundary roughly along the cally disclaimed any title or interest in a guaranteed loan has been acknowledged by top of a foothill on the western slope of privately-owned lands, the residents of the Secretary (or a designee of the Sec- the mountain, rather than along the the subdivisions have concerns that the retary) under subsection (c)(1)(D). true crest of the mountain. The Pueblo claim and its associated litigation have ‘‘(B) FRAUD OR MISREPRESENTATION.—Sub- paragraph (A) shall not apply in a case in has contended that the interpretation resulted in hardships by clouding titles which the Secretary determines that a trans- of the grant, and thus the survey and to land. Finally, as a unit of the Na- feree of a loan or portion of a loan trans- subsequent patent, are erroneous, and tional forest system, the areas has ferred under this section has actual knowl- that the true eastern boundary is the great significance to the public and in edge of fraud or misrepresentation, or par- crest of the mountain. particular, the people in the State of ticipates in or condones fraud or misrepre- In the early 1980’s, the Pueblo ap- New Mexico, including the residents of sentation, in connection with the loan. proached the Department of the Inte- the Counties of Bernalillo and ‘‘(e) DAMAGES.—The Secretary may recover rior seeking a resurvey of the grant to from a lender any damages suffered by the Sandoval and the City of Albuquerque, Secretary as a result of a material breach of locate the eastern boundary of the who use the claim area for recreational an obligation of the lender under the guar- Pueblo along the main ridge of Sandia and other purposes and who desire that antee of the loan. Mountain. In December 1988, the Solic- the public use and natural character of ‘‘(f) FEE.—The Secretary may collect a fee itor of the Department of the Interior the area be preserved. for any loan or guaranteed portion of a loan issued an opinion rejecting the Pueb- transferred in accordance with subsection (b) lo’s claim. The Pueblo challenged the Because of the complexity of the sit- or (c). opinion in federal district court and in uation, including the significant and ‘‘(g) REGULATIONS.—Not later than 180 days overlapping interests just mentioned, after the date of enactment of this sub- 1998, the court issued on Order setting section, the Secretary shall promulgate such aside the 1988 opinion and remanding Congress has not yet acted in this mat- regulations as are necessary to facilitate, ad- the matter to Interior for forther pro- ter. In particular, concerns about the minister, and promote the transfer of loans ceedings. Pueblo of Sandia v. Babbitt, settlement were expressed by parties and guaranteed portions of loans under this Civ. No. 94–2624, D.D.C., July 18, 1998. who did not participate in the final section. stages of the negotiations. I have ‘‘(h) CENTRAL REGISTRATION.—On promul- The Order was appealed but appellate gation of final regulations under subsection proceedings were stayed for more than worked with those parties to address (g), the Secretary shall— a year while a settlement was being ne- their concerns while still trying to ‘‘(1) provide for the central registration of gotiated. Ultimately, on April 4, 2000, a maintain the benefits secured by the all loans and portions of loans transferred settlement agreement was executed be- parties in the Settlement Agreement. I under this section; and tween the United States, Pueblo, and believe the legislation that I have in- ‘‘(2) contract with a fiscal transfer agent— the Sandia Peak Tram Company. That ‘‘(A) to act as a designee of the Secretary; troduced today is a fair compromise. It and agreement was conditioned on congres- provides the Pueblo specific rights and ‘‘(B) on behalf of the Secretary— sional ratification, but remains effec- interests in the area that help to re- ‘‘(i) to carry out the central registration tive until November 15, 2002. solve its claim with finality but also, In November, 2000, the Court of Ap- and paying agent functions; and as noted earlier, maintains full public ‘‘(ii) to issue acknowledgements of the Sec- peals of the District of Columbia Cir- ownership and access to the National retary under subsection (c)(1)(D). cuit dismissed the appeal for lack of ju- Forest system lands. In that sense, ‘‘(i) POOLING.— risdiction because the District Court’s ‘‘(1) IN GENERAL.—Nothing in this title pro- action was not a final appealable deci- using the term ‘‘Trust’’ in the title rec- hibits the pooling of whole loans, or portions ognizes those specific interests but of loans, transferred under this section. sion. Upon dismissal, the Department of the Interior proceeded with its re- does not confer the same status that ‘‘(2) REGULATIONS.—The Secretary may exists when the Secretary of the Inte- promulgate regulations to effect orderly and consideration of the 1988 Solicitor’s efficient pooling procedures under this opinion in accord with the 1998 Order of rior accepts title to land in trust on be- title.’’. the District Court. On January 19, 2001, half of an Indian tribe. the Solicitor issued a new opinion that Most importantly, the bill I am in- By Mr. SARBANES: concluded that the 1859 survey of the troducing today relies on a settlement S. 2019. A bill to extend the authority Sandia Pueblo grant was erroneous and of the Export-Import Bank until April as the basis for resolving this claim. that a resurvey should be conducted. 30, 2002; considered and passed. Although other approaches have been Mr. BINGAMAN. Mr. President, Implementation of the opinion would circulated, this bill is the only one today I am pleased to introduce a bill therefore remove the area from its Na- with the potential to secure a con- that would create a unique area within tional Forest status and convey it to sensus of the interested parties. Not the Cibola National Forest in New the Pueblo. The Department stayed the only is a negotiated settlement the ap- Mexico, entitled the T’uf Shur Bien resurvey, however, until after Novem- propriate manner by which to resolve Preservation Trust Area. The impor- ber 15, 2002, so that there would be time the Pueblo’s claim, it also allows for a tance of this bill cannot be overstated. for Congress to legislate the settlement solution that fits the unique cir- and make it permanent. It would resolve, through a negotiated cumstances of this situation. To my agreement, the Pueblo of Sandia’s land To state the obvious, this is a very complicated situation. The area that is knowledge, Sandia Pueblo’s claim is claim to Sandia Moutain, an area of the only Indian land claim that exists significant value and use to all New the subject of the Pueblo’s claim has been used by the Pueblo and its mem- where the tribe may effectively recover Mexicans. The bill would also maintain ownership of federal land without an full public ownership and access to the bers for centuries and is of great sig- Act of Congress. Nonetheless, the par- National Forest and Sandia Mountain nificance to the Pueblo for traditional ties have negotiated a creative ar- Wilderness lands within the Pueblo’s and cultural reasons. The Pueblo claim area; clear title for affected strongly desires that the wilderness rangement to address the Pueblo’s in- homeowners; and grant the necessary character of the area continue to be terest, protect private property, and rights-of-way and easements to protect preserved and its use by the Pueblo still maintain public ownership of the private property interests and the protected. Notwithstanding that inter- land. That is to be commended and I public’s ongoing use of the Area. est and use, the Federal Government am proud to introduce this legislation The need for this bill and the basis has administered the claim area as a to preserve the substance of that ar- for Sandia Pueblo’s claim arise from a unit of the National Forest system for rangement. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1941 SUBMITTED RESOLUTIONS proposed by Mr. DASCHLE (for himself and and Mr. SMITH of Oregon) proposed an Mr. BINGAMAN) to the bill (S. 517) supra. amendment to amendment SA 2917 pro- SA 3018. Mrs. FEINSTEIN submitted an posed by Mr. DASCHLE (for himself and amendment intended to be proposed to SENATE RESOLUTION 226—DESIG- Mr. BINGAMAN) to the bill (S. 517) to au- NATING APRIL 6, 2002, AS ‘‘NA- amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to thorize funding the Department of En- TIONAL MISSING PERSONS DAY’’ the bill (S. 517) supra; which was ordered to ergy to enhance its mission areas Mr. SCHUMER submitted the fol- lie on the table. through technology transfer and part- lowing resolution; which was referred SA 3019. Mrs. FEINSTEIN submitted an nerships for fiscal years 2002 through to the Committee on the Judiciary: amendment intended to be proposed to 2006, and for other purposes; as follows: amendment SA 2917 proposed by Mr. On page 21, strike line 16 and all that fol- S. RES. 226 DASCHLE (for himself and Mr. BINGAMAN) to lows through page 23, line 24 and insert the Whereas Saturday, April 6, 2002, marks the the bill (S. 517) supra; which was ordered to following: 24th birthday of the University of Albany lie on the table. student, Suzanne Lyall, who has been miss- SA 3020. Mrs. FEINSTEIN submitted an ‘‘Part II of the Federal Power Act (16 ing since March 2, 1998; amendment intended to be proposed to U.S.C. 824 et seq.) is amended by inserting Whereas through her disappearance, Su- amendment SA 2917 proposed by Mr. the following after section 215 as added by this Act: zanne Lyall has come to represent thousands DASCHLE (for himself and Mr. BINGAMAN) to of other missing persons; the bill (S. 517) supra; which was ordered to ‘‘SEC. 216. ELECTRIC RELIABILITY. Whereas in 2001, there were 198,575 persons lie on the table. ‘‘(a) DEFINITIONS.—For purposes of this over the age of 18 reported missing to law en- SA 3021. Mrs. BOXER (for herself and Mrs. section— forcement agencies nationwide; FEINSTEIN) submitted an amendment in- ‘‘(1) ‘bulk-power system’ means the net- Whereas many of those reported missing tended to be proposed to amendment SA 2917 work of interconnected transmission facili- may be victims of Alzheimer’s disease or proposed by Mr. DASCHLE (for himself and ties and generating facilities; other health related issues, or victims of foul Mr. BINGAMAN) to the bill (S. 517) supra; ‘‘(2) ‘electric reliability organization’ play; which was ordered to lie on the table. means a self-regulating organization cer- Whereas regardless of age or cir- SA 3022. Mrs. BOXER (for herself and Mrs. tified by the Commission under subsection cumstances, all missing persons have fami- FEINSTEIN) submitted an amendment in- (c) whose purpose is to promote the reli- lies who need support and guidance to endure tended to be proposed to amendment SA 2917 ability of the bulk power system; and the days, months, or years they may spend proposed by Mr. DASCHLE (for himself and ‘‘(3) ‘reliability standard’ means a require- searching for their missing loved ones; and Mr. BINGAMAN) to the bill (S. 517) supra; ment to provide for reliable operation of the Whereas it is important to applaud the which was ordered to lie on the table. bulk power system approved by the Commis- committed efforts of families, law enforce- SA 3023. Mrs. LINCOLN (for herself, Mr. sion under this section. ment agencies, and concerned citizens who BOND, Mr. JOHNSON, Mrs. CARNAHAN, Mr. ‘‘(b) JURISDICTION AND APPLICABILITY.—The work to locate missing persons and to pre- HUTCHINSON, Mr. HARKIN, Mr. GRASSLEY, Mr. Commission shall have jurisdiction, within vent all forms of victimization: Now, there- BUNNING, Mr. BAYH, and Mr. CRAIG) sub- the United States, over an electric reli- fore, be it mitted an amendment intended to be pro- ability organization, any regional entities, Resolved, That the Senate— posed to amendment SA 2917 proposed by Mr. and all users, owners and operators of the (1) designates April 6, 2002, as ‘‘National DASCHLE (for himself and Mr. BINGAMAN) to bulk power system, including but not limited Missing Persons Day’’; and the bill (S. 517) supra; which was ordered to to the entities described in section 201(f), for (2) requests that the President issue a lie on the table. purposes of approving reliability standards proclamation that— SA 3024. Mr. VOINOVICH (for himself, Ms. and enforcing compliance with this section. (A) calls upon the people of the United LANDRIEU, Mr. SMITH, of New Hampshire, and All users, owners and operators of the bulk- States to observe the day with appropriate Mr. INHOFE) submitted an amendment in- power system shall comply with reliability programs and activities; and tended to be proposed to amendment SA 2917 standards that take effect under this section. (B) urges all Americans to support worthy proposed by Mr. DASCHLE (for himself and ‘‘(c) CERTIFICATION.— initiatives and increased efforts to locate Mr. BINGAMAN) to the bill (S. 517) supra; ‘‘(1) The Commission shall issue a final missing persons. which was ordered to lie on the table. rule to implement the requirements of this SA 3025. Mr. INHOFE (for himself and Mr. section not later than 180 days after the date f CONRAD) submitted an amendment intended of enactment of this section. AMENDMENTS SUBMITTED AND to be proposed to amendment SA 2917 pro- ‘‘(2) Following the issuance of a Commis- PROPOSED posed by Mr. DASCHLE (for himself and Mr. sion rule under paragraph (1), any person BINGAMAN) to the bill (S. 517) supra; which may submit an application to the Commis- SA 3012. Mr. THOMAS (for himself, Mr. was ordered to lie on the table. sion for certification as an electric reli- CAMPBELL, Mr. SHELBY, Mr. CRAPO, and Mr. SA 3026. Ms. LANDRIEU submitted an ability organization. The Commission may SMITH, of Oregon) proposed an amendment to amendment intended to be proposed to certify an applicant if the Commission deter- amendment SA 2917 proposed by Mr. amendment SA 2917 proposed by Mr. mines that the applicant— DASCHLE (for himself and Mr. BINGAMAN) to DASCHLE (for himself and Mr. BINGAMAN) to ‘‘(A) has the ability to develop, and enforce the bill (S. 517) to authorize funding the De- the bill (S. 517) supra; which was ordered to reliability standards that provide for an ade- partment of Energy to enhance its mission lie on the table. quate level of reliability of the bulk-power areas through technology transfer and part- SA 3027. Mr. CRAIG submitted an amend- system; nerships for fiscal years 2002 through 2006, ment intended to be proposed to amendment ‘‘(B) has established rules that— and for other purposes. SA 2917 proposed by Mr. DASCHLE (for him- ‘‘(i) assure its independence of the users SA 3013. Mr. GRASSLEY submitted an self and Mr. BINGAMAN) to the bill (S. 517) and owners and operators of the bulk power amendment intended to be proposed to supra; which was ordered to lie on the table. system; while assuring fair stakeholder rep- amendment SA 2917 proposed by Mr. SA 3028. Mr. LOTT proposed an amendment resentation in the selection of its directors DASCHLE (for himself and Mr. BINGAMAN) to to amendment SA 2917 proposed by Mr. and balanced decision-making in any com- the bill (S. 517) supra; which was ordered to DASCHLE (for himself and Mr. BINGAMAN) to mittee or subordinate organizational struc- lie on the table. the bill (S. 517) supra. ture; SA 3014. Mr. WYDEN (for himself and Mrs. SA 3029. Mr. REID (for Mr. ALLARD) pro- ‘‘(ii) allocate equitably dues, fees, and FEINSTEIN) submitted an amendment in- posed an amendment to the bill S. 1372, to re- other charges among end users for all activi- tended to be proposed to amendment SA 2917 authorize the Export-Import Bank of the ties under this section; proposed by Mr. DASCHLE (for himself and United States. ‘‘(iii) provide fair and impartial procedures SA 3030. Mr. SCHUMER submitted an Mr. BINGAMAN) to the bill (S. 517) supra. for enforcement of reliability standards SA 3015. Mrs. CARNAHAN submitted an amendment intended to be proposed to through imposition of penalties (including amendment intended to be proposed to amendment SA 2917 proposed by Mr. limitations on activities, functions, or oper- amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGAMAN) to ations, or other appropriate sanctions); and the bill (S. 517) to authorize funding the De- DASCHLE (for himself and Mr. BINGAMAN) to ‘‘(iv) provide for reasonable notice and op- the bill (S. 517) supra; which was ordered to partment of Energy to enhance its mission portunity for public comment, due process, lie on the table. areas through technology transfer and part- openness, and balance of interests in devel- SA 3016. Mr. BINGAMAN proposed an nerships for fiscal years 2002 through 2006, oping reliability standards and otherwise ex- amendment to amendment SA 2917 proposed and for other purposes; which was ordered to ercising its duties. lie on the table. by Mr. DASCHLE (for himself and Mr. BINGA- ‘‘(3) If the Commission receives two or MAN) to the bill (S. 517) supra. f more timely applications that satisfy the re- SA 3017. Mr. JEFFORDS (for himself, Mr. TEXT OF AMENDMENTS quirements of this subsection, the Commis- WELLSTONE, and Mr. KERRY) proposed an sion shall approve only the application it amendment to amendment SA 3016 proposed SA 3012. Mr. THOMAS (for himself, concludes will best implement the provisions by Mr. BINGAMAN to the amendment SA 2917 Mr. CAMPBELL, Mr. SHELBY, Mr. CRAPO, of this section. S1942 CONGRESSIONAL RECORD — SENATE March 14, 2002

‘‘(d) RELIABILITY STANDARDS.— electric reliability organization or a regional relevant factors affecting competition and ‘‘(1) An electric reliability organization entity to ensure compliance with a reli- reliability. shall file a proposed reliability standard or ability standard or any Commission order af- ‘‘(3) DEFINITION.—For purposes of this sub- modification to a reliability standard with fecting the electric reliability organization section, ‘antitrust laws’ has the meaning the Commission. or a regional entity. given the term in subsection (a) of the first ‘‘(2) The Commission may approve a pro- ‘‘(f) CHANGES IN ELECTRICITY RELIABILITY section of the Clayton Act (15 U.S.C. 12(a)), posed reliability standard or modification to ORGANIZATION RULES.—An electric reliability except that it includes section 5 of the Fed- a reliability standard if it determines that organization shall file with the Commission eral Trade Commission Act (15 U.S.C. 45) to the standard is just, reasonable, not unduly for approval any proposed rule or proposed the extent that section 5 applies to unfair discriminatory or preferential, and in the rule change, accompanied by an explanation methods of competition. public interest. The Commission shall give of its basis and purpose. The Commission, ‘‘(k) REGIONAL ADVISORY BODIES.—The due weight to the technical expertise of the upon its own motion or complaint, may pro- Commission shall establish a regional advi- electric reliability organization with respect pose a change to the rules of the electric re- sory body on the petition of at least two- to the content of a proposed standard or liability organization. A proposed rule or thirds of the States within a region that modification to a reliability standard, but proposed rule change shall take effect upon a have more than one-half of their electric shall not defer with respect to its effect on finding by the Commission, after notice and load served within the region. A regional ad- competition. opportunity for comment, that the change is visory body shall be composed of one mem- ‘‘(3) The electric reliability organization just, reasonable, not unduly discriminatory ber from each participating State in the re- and the Commission shall rebuttably pre- or preferential, is in the public interest, and gion, appointed by the Governor of each sume that a proposal from a regional entity satisfies the requirements of subsection state, and may include representatives of organized on an interconnection-wide basis (c)(2). agencies, States, and provinces outside the for a reliability standard or modification to ‘‘(g) COORDINATION WITH CANADA AND MEX- United States. A regional advisory body may a reliability standard to be applicable on an ICO.— provide advice to the electric reliability or- Interconnection-wide basis is just, reason- ‘‘(1) The electric reliability organization ganization, a regional reliability entity, or able, and not unduly discriminatory or pref- shall take all appropriate steps to gain rec- the Commission regarding the governance of erential, and in the public interest. ognition in Canada and Mexico. an existing or proposed regional reliability ‘‘(4) The Commission shall remand to the ‘‘(2) The President shall use his best efforts entity within the same region, whether a electric reliability organization for further to enter into international agreements with standard proposed to apply within the region consideration a proposed reliability standard the governments of Canada and Mexico to is just, reasonable, not unduly discrimina- or a modification to a reliability standard provide for effective compliance with reli- tory or preferential, and in the public inter- that the Commission disapproves in whole or ability standards and the effectiveness of the est, whether fees proposed to be assessed in part. electric reliability organization in the within the regional are just, reasonable, not ‘‘(5) The Commission, upon its own motion United States and Canada or Mexico. unduly discriminatory or preferential, and in or upon complaint, may order an electric re- ‘‘(h) RELIABILITY REPORTS.—The electric the public interest and any other responsibil- liability organization to submit to the Com- reliability organization shall conduct peri- ities requested by the Commission. The Com- mission a proposed reliability standard or a odic assessments of the reliability and ade- mission may give deference to the advice of modification to a reliability standard that quacy of the interconnected bulk-power sys- any such regional advisory body if that body addresses a specific matter if the Commis- tem in North America. is organized on an interconnection-wide sion considers such a new or modified reli- ‘‘(i) SAVINGS PROVISIONS.— basis. ability standard appropriate to carry out ‘‘(1) The electric reliability organization ‘‘(l) APPLICATION TO ALASKA AND HAWAII.— this section. shall have authority to develop and enforce The provisions of this section do not apply to ‘‘(e) ENFORCEMENT.— compliance with standards for the reliable Alaska or Hawaii.’’. ‘‘(1) An electric reliability organization operation of only the bulk-power system. may impose a penalty on a user or operator ‘‘(2) This section does not provide the elec- SA 3013. Mr. GRASSLEY submitted of the bulk power system if the electric reli- tric reliability organization or the Commis- an amendment intended to be proposed ability organization, after notice and an op- sion with the authority to order the con- portunity for a hearing— struction of additional generation or trans- to amendment SA 2917 proposed by Mr. ‘‘(A) finds that the user or owner or oper- mission capacity or to set and enforce com- DASCHLE (for himself and Mr. BINGA- ator of the bulk power system has violated a pliance with standards for adequacy or safe- MAN) to the bill (S. 517) to authorize reliability standard approved by the Com- ty of electric facilities or services. funding the Department of Energy to mission under subsection (d); and ‘‘(3) Nothing in this section shall be con- enhance its mission areas through ‘‘(B) files notice with the Commission, strued to preempt any authority of any technology transfer and partnerships which shall affirm, set aside or modify the State to take action to ensure the safety, for fiscal years 2002 through 2006, and action. adequacy, and reliability of electric service ‘‘(2) On its own motion or upon complaint, within that State, as long as such action is for other purposes; which was ordered the Commission may order compliance with not inconsistent with any reliability stand- to lie on the table; as follows: a reliability standard and may impose a pen- ard. Beginning on page 226, line 23, strike alty against a user or owner or operator of ‘‘(4) Within 90 days of the application of ‘‘Act,’’ and all that follows through page 227, the bulk power system, if the Commission the electric reliability organization or other line 2, and insert ‘‘Act.’’. finds, after notice and opportunity for a affected party, and after notice and oppor- hearing, that the user or owner or operator tunity for comment, the Commission shall SA 3014. Mr. WYDEN (for himself and of the bulk power system has violated or issue a final order determining whether a Mrs. FEINSTEIN) submitted an amend- threatens to violate a reliability standard. state action is inconsistent with a reliability ment intended to be proposed to ‘‘(3) The Commission shall establish regu- standard, taking into consideration any rec- amendment SA 2917 proposed by Mr. lations authorizing the electric reliability ommendations of the electric reliability or- DASCHLE (for himself and Mr. BINGA- organization to enter into an agreement to ganization. delegate authority to a regional entity for ‘‘(5) The Commission, after consultation MAN) to the bill (S. 517) to authorize the purpose of proposing and enforcing reli- with the electric reliability organization, funding the Department of Energy to ability standards (including related activi- may stay the effectiveness of any state ac- enhance its mission areas through ties) if the regional entity satisfies the pro- tion, pending the Commission’s issuance of a technology transfer and partnerships visions of subsection (c)(2)(A) and (B) and the final order. for fiscal years 2002 through 2006, and agreement promotes effective and efficient ‘‘(j) APPLICATION OF ANTITRUST LAWS.— for other purposes; as follows: administration of bulk power system reli- ‘‘(1) IN GENERAL.—To the extent under- ability, and may modify such delegation. taken to develop, implement, or enforce a re- On page 57, between lines 17 and 18, insert The electric reliability organization and the liability standard, each of the following ac- the following: Commission shall rebuttably presume that a tivities shall not, in any action under the SEC. 253. OFFICE OF CONSUMER ADVOCACY. proposal for delegation to a regional entity antitrust laws, be deemed illegal per se: (a) DEFINITIONS.—In this section: organized on an interconnection-wide basis ‘‘(A) activities undertaken by an electric (1) COMMISSION.—The term ‘‘Commission’’ promotes effective and efficient administra- reliability organization under this section, means the Federal Energy Regulatory Com- tion of bulk power system reliability and and mission. should be approved. Such regulation may ‘‘(B) activities of a user or owner or oper- (2) ENERGY CUSTOMER.—The term ‘‘energy provide that the Commission may assign the ator of the bulk power system undertaken in customer’’ means a residential customer or a electric reliability organization’s authority good faith under the rules of an electric reli- small commercial customer that receives to enforce reliability standards directly to a ability organization. products or services from a public utility or regional entity consistent with the require- ‘‘(2) RULE OF REASON.—In any action under natural gas company under the jurisdiction ments of this paragraph. the antitrust laws, an activity described in of the Commission. ‘‘(4) The Commission may take such action paragraph (1) shall be judged on the basis of (3) NATURAL GAS COMPANY.—The term ‘‘nat- as is necessary or appropriate against the its reasonableness, taking into account all ural gas company’’ has the meaning given March 14, 2002 CONGRESSIONAL RECORD — SENATE S1943 the term in section 2 of the Natural Gas Act (4) Emergency response capabilities along ‘‘(A) issued to the retail electric supplier (15 U.S.C. 717a), as modified by section 601(a) the routes under consideration. under subsection (d); of the Natural Gas Policy Act of 1978 (15 (5) The proximity of the routes under con- ‘‘(B) obtained by purchase or exchange U.S.C. 3431(a)). sideration to places or venues (including under subsection (e); or (4) OFFICE.—The term ‘‘Office’’ means the sports stadiums, convention centers, concert ‘‘(C) borrowed under subsection (f). Office of Consumer Advocacy established by halls and theaters, and other venues) where ‘‘(2) A credit may be counted toward com- subsection (b)(1). large numbers of people gather. pliance with subsection (a) only once. (5) PUBLIC UTILITY.—The term ‘‘public util- (d) RECOMMENDATIONS.—In conducting the ‘‘(d) ISSUANCE OF CREDITS.—(1) The Sec- ity’’ has the meaning given the term in sec- study under subsection (a), the National retary shall establish, not later than one tion 201(e) of the Federal Power Act (16 Academy of Sciences shall also make such year after the date of enactment of this sec- U.S.C. 824(e)). recommendations regarding the matters tion, a program to issue, monitor the sale or (6) SMALL COMMERCIAL CUSTOMER.—The studied as the National Academy of Sciences exchange of, and track renewable energy term ‘‘small commercial customer’’ means a considers appropriate. credits. commercial customer that has a peak de- (e) DEADLINE FOR DISPERSAL OF FUNDS FOR ‘‘(2) Under the program, an entity that mand of not more than 1,000 kilowatts per STUDY.—The Secretary shall disperse to the generates electric energy through the use of hour. National Academy of Sciences the funds for a renewable energy resource may apply to (b) OFFICE.— the cost of the study required by subsection the Secretary for the issuance of renewable (1) ESTABLISHMENT.—There is established (a) not later than 30 days after the date of energy credits. The application shall within the Department of Justice the Office the enactment of this Act. indicate— of Consumer Advocacy. (f) REPORT ON RESULTS OF STUDY.—Not ‘‘(A) the type of renewable energy resource (2) DIRECTOR.—The Office shall be headed later than six months after the date of the used to produce the electricity, by a Director to be appointed by the Presi- dispersal of funds under subsection (e), the ‘‘(B) the location where the electric energy dent, by and with the advice and consent of National Academy of Sciences shall submit was produced, and the Senate. to the appropriate committees of Congress a ‘‘(C) any other information the Secretary (3) DUTIES.—The Office may represent the report on the study conducted under sub- determines appropriate. interests of energy customers on matters section (a), including the recommendations ‘‘(3)(A) Except as provided in paragraphs concerning rates or service of public utilities required by subsection (d). (B), (C), and (D), the Secretary shall issue to and natural gas companies under the juris- (g) APPROPRIATE COMMITTEES OF CONGRESS an entity one renewable energy credit for diction of the Commission— DEFINED.—In this section, the term ‘‘appro- each kilowatt-hour of electric energy the en- (A) at hearings of the Commission; priate committees of Congress’’ means— tity generates from the date of enactment of (B) in judicial proceedings in the courts of (1) the Committees on Commerce, Science, this section and in each subsequent calendar the United States; and Transportation, Energy and Natural Re- year through the use of a renewable energy (C) at hearings or proceedings of other Fed- sources, and Environment and Public Works resource at an eligible facility. eral regulatory agencies and commissions; of the Senate; and ‘‘(B) For incremental hydropower the cred- (2) the Committee on Energy and Com- its shall be calculated based on the expected SA 3015. Mrs. CARNAHAN submitted merce of the House of Representatives. increase in average annual generation re- an amendment intended to be proposed sulting from the efficiency improvements or to amendment SA 2917 proposed by Mr. SA 3016. Mr. BINGAMAN proposed an capacity additions. The number of credits DASCHLE (for himself and Mr. BINGA- amendment to amendment SA 2917 pro- shall be calculated using the same water flow information used to determine a his- MAN) to the bill (S. 517) to authorize posed by Mr. DASCHLE (for himself and funding the Department of Energy to toric average annual generation baseline for Mr. BINGAMAN) to the bill (S. 517) to au- the hydroelectric facility and certified by enhance its mission areas through thorize funding the Department of En- the Secretary or the Federal Energy Regu- technology transfer and partnerships ergy to enhance its mission areas latory Commission. The calculation of the for fiscal years 2002 through 2006, and through technology transfer and part- credits for incremental hydropower shall not for other purposes; which was ordered nerships for fiscal years 2002 through be based on any operational changes at the to lie on the table; as follows: 2006, and for other purposes; as follows: hydroelectric facility not directly associated At the end of title XVII, add the following: On page 67, strike line 6 and all that fol- with the efficiency improvements or capac- SEC. 1704. NATIONAL ACADEMY OF SCIENCES lows through page 76, line 11, and insert the ity additions. STUDY OF PROCEDURES FOR SELEC- following: ‘‘(C) The Secretary shall issue two renew- TION AND ASSESSMENT OF ROUTES Title VI of the Public Utility Regulatory able energy credits for each kilowatt-hour of FOR SHIPMENT OF SPENT NUCLEAR Policies Act of 1978 is amended by adding at electric energy generated and supplied to the FUEL. the end the following: grid in that calendar year through the use of (a) IN GENERAL.—The Secretary of Trans- a renewable energy resource at an eligible ‘‘SEC. 606. FEDERAL RENEWABLE PORTFOLIO portation shall enter into an agreement with STANDARD. facility located on Indian land. For purposes the National Academy of Sciences under ‘‘(a) MINIMUM RENEWABLE GENERATION RE- of this paragraph, renewable energy gen- which agreement the National Academy of QUIREMENT.—For each calendar year begin- erated by biomass cofired with other fuels is Sciences shall conduct a study of the proce- ning in calendar year 2005, each retail elec- eligible for two credits only if the biomass dures by which the Department of Energy, tric supplier shall submit to the Secretary, was grown on the land eligible under this together with the Department of Transpor- not later than April 1 of the following cal- paragraph. tation and the Nuclear Regulatory Commis- endar year, renewable energy credits in an ‘‘(D) For renewable energy resources pro- sion, selects routes for the shipment of spent amount equal to the required annual per- duced from a generation offset, the Sec- nuclear fuel. centage specified in subsection (b). retary shall issue two renewable energy cred- (b) ELEMENTS OF STUDY.—In conducting ‘‘(b) REQUIRED ANNUAL PERCENTAGE.— its for each kilowatt-hour generated. the study under subsection (a), the National ‘‘(1) For calendar years 2005 through 2020, ‘‘(E) To be eligible for a renewable energy Academy of Sciences shall analyze the man- the required annual percentage of the retail credit, the unit of electric energy generated ner in which the Department of Energy— electric supplier’s base amount that shall be through the use of a renewable energy re- (1) selects potential routes for the ship- generated from renewable energy resources source may be sold or may be used by the ment of spent nuclear fuel; shall be the percentage specified in the fol- generator. If both a renewable energy re- (2) selects a route for a specific shipment of lowing table: source and a non-renewable energy resource spent nuclear fuel; and ‘‘Calendar Years Required annual are used to generate the electric energy, the (3) conducts assessments of the risks asso- percentage Secretary shall issue credits based on the ciated with shipments of spent nuclear fuel. 2005 through 2006 ...... 1.0 proportion of the renewable energy resource (c) CONSIDERATIONS REGARDING ROUTE SE- 2007 through 2008 ...... 2.2 used. The Secretary shall identify renewable LECTION.—The analysis under subsection (b) 2009 through 2010 ...... 3.4 energy credits by type and date of genera- shall include a consideration whether, and to 2011 through 2012 ...... 4.6 tion. what extent, the procedures analyzed for 2013 through 2014 ...... 5.8 ‘‘(5) When a generator sells electric energy purposes of that subsection take into ac- 2015 through 2016 ...... 7.0 generated through the use of a renewable en- count the following: 2017 through 2018 ...... 8.5 ergy resource to a retail electric supplier (1) The proximity of the routes under con- 2019 through 2020 ...... 10.0 under a contract subject to section 210 of sideration to major population centers and ‘‘(2) Not later than January 1, 2015, the this Act, the retail electric supplier is treat- the risks associated with shipments of spent Secretary may, by rule, establish required ed as the generator of the electric energy for nuclear fuel through densely populated annual percentages in amounts not less than the purposes of this section for the duration areas. 10.0 for calendar years 2020 through 2030. of the contract. (2) Current traffic and accident data with ‘‘(c) SUBMISSION OF CREDITS.—(1) A retail ‘‘(6) The Secretary may issue credits for respect to the routes under consideration. electric supplier may satisfy the require- existing facility offsets to be applied against (3) The quality of the roads comprising the ments of subsection (a) through the submis- a retail electric suppliers own required an- routes under consideration. sion of renewable energy credits— nual percentage. The credits are not S1944 CONGRESSIONAL RECORD — SENATE March 14, 2002 tradeable and may only be used in the cal- wood waste and wood residues, plants (in- on or after the date of enactment of this sec- endar year generation actually occurs. cluding aquatic plants, grasses, and agricul- tion to expand electricity production at a fa- ‘‘(e) CREDIT TRADING.—A renewable energy tural crops), residues, fibers, animal wastes cility used to generate electric energy from credit may be sold or exchanged by the enti- and other organic waste materials, and fats a renewable energy resource or to cofire bio- ty to whom issued or by any other entity and oil. mass that was placed in service before the who acquires the credit. A renewable energy ‘‘(B) With respect to material removed date of enactment of this section. credit for any year that is not used to satisfy from National Forest System lands, the term ‘‘(12) RETAIL ELECTRIC SUPPLIER.—The term the minimum renewable generation require- ‘biomass’ means fuel and biomass accumula- ‘retail electric supplier’ means a person, that ment of subsection (a) for that year may be tion from precommercial thinnings, slash, sells electric energy to electric consumers carried forward for use within the next four and brush. and sold not less than 1,000,000 megawatt- years. ‘‘(2) ELIGIBLE FACILITY.—The term ‘eligible hours of electric energy to electric con- ‘‘(f) CREDIT BORROWING.—At any time be- facility’ means— sumers for purposes other than resale during fore the end of calendar year 2005, a retail ‘‘(A) a facility for the generation of elec- the preceding calendar year; except that electric supplier that has reason to believe it tric energy from a renewable energy resource such term does not include the United will not have sufficient renewable energy that is placed in service on or after the date States, a State or any political subdivision credits to comply with subsection (a) may— of enactment of this section; or of a state, or any agency, authority, or in- ‘‘(1) submit a plan to the Secretary dem- ‘‘(B) a repowering or cofiring increment strumentality of any one or more of the fore- onstrating that the retail electric supplier that is placed in service on or after the date going, or a rural electric cooperative. will earn sufficient credits within the next 3 of enactment of this section at a facility for ‘‘(13) RETAIL ELECTRIC SUPPLIER’S BASE calendar years which, when taken into ac- the generation of electric energy from a re- AMOUNT.—The term ‘retail electric supplier’s count, will enable the retail electric sup- newable energy resource that was placed in base amount’ means the total amount of pliers to meet the requirements of sub- service before that date. electric energy sold by the retail electric section (a) for calendar year 2005 and the ‘‘(3) ELIGIBLE RENEWABLE ENERGY RE- supplier to electric customers during the subsequent calendar years involved; and SOURCE.—The term ‘renewable energy re- most recent calendar year for which infor- ‘‘(2) upon the approval of the plan by the source’ means solar, wind, ocean, or geo- mation is available, excluding electric en- Secretary, apply credits that the plan dem- thermal energy, biomass (excluding solid ergy generated by— onstrates will be earned within the next 3 waste and paper that is commonly recycled), ‘‘(A) an eligible renewable energy resource; calendar years to meet the requirements of landfill gas, a generation offset, or incre- ‘‘(B) municipal solid waste; or subsection (a) for each calendar year in- mental hydropower. ‘‘(C) a hydroelectric facility. volved. ‘‘(4) GENERATION OFFSET.—The term ‘gen- ‘‘(m) SUNSET.—This section expires Decem- ‘‘(g) CREDIT COST CAP.—The Secretary eration offset’ means reduced electricity ber 31, 2030.’’. shall offer renewable energy credits for sale usage metered at a site where a customer at the lesser of 3 cents per kilowatt-hour or consumes energy from a renewable energy SA 3017. Mr. JEFFORDS (for himself, 200 percent of the average market value of technology. Mr. WELLSTONE, and Mr. KERRY) pro- credits for the applicable compliance period. ‘‘(5) EXISTING FACILITY OFFSET.—The term posed an amendment to amendment SA ‘existing facility offset’ means renewable en- On January 1 of each year following calendar 3016 proposed by Mr. BINGAMAN to the ergy generated from an existing facility, not year 2005, the Secretary shall adjust for in- amendment SA 2917 proposed by Mr. flation the price charged per credit for such classified as an eligible facility, that is calendar year, based on the Gross Domestic owned or under contract to a retail electric DASCHLE (for himself and Mr. BINGA- Product Implicit Price Deflator. supplier on the date of enactment of this sec- MAN) to the bill (S. 517) to authorize ‘‘(h) ENFORCEMENT.—The Secretary may tion. funding the Department of Energy to bring an action in the appropriate United ‘‘(6) INCREMENTAL HYDROPOWER.—The term enhance its mission areas through States district court to impose a civil pen- ‘incremental hydropower’ means additional technology transfer and partnerships alty on a retail electric supplier that does generation that is achieved from increased for fiscal years 2002 through 2006, and not comply with subsection (a), unless the efficiency or additions of capacity after the for other purposes; as follows: retail electric supplier was unable to comply date of enactment of this section at a hydro- with subsection (a) for reasons outside of the electric dam that was placed in service be- Beginning on page 1, strike line 5 and all supplier’s reasonable control (including fore that date. that follows through page 9, line 8, and insert weather-related damage, mechanical failure, ‘‘(7) INDIAN LAND.—The term ‘Indian land’ the following: lack of transmission capacity or avail- means— SEC. 606. FEDERAL RENEWABLE ENERGY STAND- ability, strikes, lockouts, actions of a gov- ‘‘(A) any land within the limits of any In- ARD. SEC. 1. DEFINITIONS. ernmental authority. A retail electric sup- dian reservation, pueblo or rancheria, In this section: plier who does not submit the required num- ‘‘(B) any land not within the limits of any (1) BIOMASS.—The term ‘biomass’ means— ber of renewable energy credits under sub- Indian reservation, pueblo or rancheria title (A) organic material from a plant that is section (a) shall be subject to a civil penalty to which was on the date of enactment of planted exclusively for the purpose of being of not more than the greater of 3 cents or 200 this paragraph either held by the United States for the benefit of any Indian tribe or used to produce electricity; and percent of the average market value of cred- (B) nonhazardous, cellulosic or agricul- its for the compliance period for each renew- individual or held by any Indian tribe or in- dividual subject to restriction by the United tural animal waste material that is seg- able energy credit not submitted. regated from other waste materials and is ‘‘(i) INFORMATION COLLECTION.—The Sec- States against alienation, derived from— retary may collect the information nec- ‘‘(C) any dependent Indian community, and ‘‘(D) any land conveyed to any Alaska Na- (i) a forest-related resource, including— essary to verify and audit— (I) mill and harvesting residue; ‘‘(1) the annual electric energy generation tive corporation under the Alaska Native Claims Settlement Act. (II) precommercial thinnings; and renewable energy generation of any enti- (III) slash; and, ty applying for renewable energy credits ‘‘(8) INDIAN TRIBE.—The term ‘Indian tribe’ means any Indian tribe, band, nation, or (IV) brush; under this section, (ii) an agricultural resource, including— other organized group or community, includ- ‘‘(2) the validity of renewable energy cred- (I) orchard tree crops; ing any Alaska Native village or regional or its submitted by a retail electric supplier to (II) vineyards; the Secretary, and village corporation as defined in or estab- (III) grain; ‘‘(3) the quantity of electricity sales of all lished pursuant to the Alaska Native Claims (IV) legumes; retail electric suppliers. Settlement Act (43 U.S.C. 1601 et seq.), which (V) sugar; and ‘‘(j) ENVIRONMENTAL SAVINGS CLAUSE.—In- is recognized as eligible for the special pro- (VI) other crop by-products or residues; cremental hydropower shall be subject to all grams and services provided by the United (iii) miscellaneous waste such as— applicable environmental laws and licensing States to Indians because of their status as (I) waste pallet; and regulatory requirements. Indians. (II) crate; ‘‘(k) STATE SAVINGS CLAUSE.—This section ‘‘(9) RENEWABLE ENERGY.—The term ‘re- (III) dunnage; and does not preclude a State from requiring ad- newable energy’ means electric energy gen- (IV) landscape or right-of-way tree trim- ditional renewable energy generation in that erated by a renewable energy resource. mings, but not including— State, or from specifying technology mix. ‘‘(10) RENEWABLE ENERGY RESOURCE.—The (aa) municipal solid waste; ‘‘(l) DEFINITIONS.—For purposes of this term ‘renewable energy resource’ means (bb) recyclable postconsumer wastepaper; section— solar, wind, ocean, or geothermal energy, (cc) painted, treated, or pressurized wood; ‘‘(1) BIOMASS.— biomass (including municipal solid waste), (dd) wood contaminated with plastic or ‘‘(A) Except with respect to material re- landfill gas, a generation offset, or incre- metals; or moved from National Forest System lands, mental hydropower. (ee) tires; and the term ‘biomass’ means any organic mate- ‘‘(11) REPOWERING OF COFIRING ENFORCE- (iv) animal waste that is converted to a rial that is available on a renewable or re- MENT.—The term ‘repowering or cofiring en- fuel rather than directly combusted, the res- curring basis, including dedicated energy forcement’ means the additional generation idue of which is converted to biological fer- crops, trees grown for energy production, from a modification that is placed in service tilizer, oil, or activated carbon. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1945

(2) INCREMENTAL HYDROPOWER.—The term newable energy sources shall be not less than (A) the type of generation; and ‘‘incremental hydropower’’ means additional the percentage specified below: (B) the State in which the generating facil- generation capacity achieved from increased Calendar years: Percentage of ity is located. efficiency after January 1, 2002, at a hydro- renewable energy (6) FEE.— electric dam that was placed in service be- each year: (A) IN GENERAL.—To receive a renewable fore January 1, 2002. 2005–2009 ...... 5 energy credit, the entity shall pay a fee, cal- (3) LANDFILL GAS.—The term ‘‘landfill gas’’ 2010–2014 ...... 10 culated by the Secretary, in an amount that means gas generated from the decomposition 2015–2019 ...... 15 is equal to the lesser of— of household solid waste, commercial solid 2020 and subsequent years ...... 20 (i) the administrative costs of issuing, re- cording, monitoring the sale of exchange of, waste, and industrial solid waste disposed of (c) SUBMISSION OF RENEWABLE ENERGY and tracking the renewable energy credit; or in a municipal solid waste landfill unit (as CREDITS.—To meet the requirements under (ii) 5 percent of the national average mar- those terms are defined in regulations pro- subsection (a)(1), a retail electric supplier ket value (as determined by the Secretary) mulgated under subtitle D of the Solid Waste may submit to the Secretary— of that quantity of renewable energy credits. Disposal Act (42 U.S.C. 6941 et seq.)). (1) renewable energy credits issued under (B) USE.—The Secretary shall use the fee (4) RENEWABLE ENERGY.—The term ‘‘renew- subsection (d) for renewable energy gen- to pay the administrative costs described in able energy’’ means electricity generated erated by the retail electric supplier during subparagraph (A)(i). from— the calendar year for which renewable en- (f) SALE OR EXCHANGE.—A renewable en- (A) a renewable energy source; or ergy credits are being submitted or the pre- (B) hydrogen that is produced from a re- ergy credit may be sold or exchanged by the vious calendar year; or entity issued the renewable energy credit or newable energy source. (2) renewable energy credits— (5) RENEWABLE ENERGY SOURCE.—The term by any other entity that acquires the renew- (A) issued under subsection (d) to any re- ‘‘renewable energy source’’ means— able energy credit. newable energy generator for renewable en- (A) wind; (g) VERIFICATION.—The Secretary may col- ergy generated during the calendar year for (B) biomass; lect the information necessary to verify and which renewable energy credits are being (C) incremental hydropower; audit— (D) landfill gas; or submitted or the previous calendar year; and (1) the annual electric energy generation (E) a goethermal, solar thermal, or photo- (B) acquired by the retail electric supplier and renewable energy generation of any enti- voltaic source. under subsection (e); or (3) renewable energy ty applying for renewable energy credits (6) RETAIL ELECTRIC SUPPLIER.— credits acquired from the Secretary for a under this section; (A) IN GENERAL.—The term ‘‘retail electric cost equal to three cents per renewable en- (2) the validity of renewable energy credits supplier’’ means a person or entity that sells ergy credit in 2003 dollars, adjusted for infla- submitted by a retail electric supplier to the retail electricity to consumers, and which tion. Secretary; and sold not less than 500,000 megawatt-hours of (d) SMALL UTILITY PROGRAM.—The Sec- (3) the amount of electricity sales of all re- electric energy to consumers for purposes retary shall apply proceeds from the sale of tail electric suppliers. other than resale during the preceding cal- renewable energy credits acquired under sub- (h) ENFORCEMENT.— endar year. section (c)(3) to a program, utilizing a com- (1) IN GENERAL.—The Secretary may bring (B) INCLUSIONS.—The term ‘‘retail electric petitive bidding process, to encourage max- an action in United States district court to supplier’’ includes— imum renewable energy generation and/or impose a civil penalty on a retail electric (i) a regulated utility company (including purchase by retail electric suppliers which supplier that fails to comply with subsection affiliates or associates of such a company); sold not 500,000 megawatt-hours or less of (a). (ii) a company that is not affiliated or as- electric energy to consumers for purposes (2) AMOUNT OF PENALTY.—A retail electric sociated with a regulated utility company; other than resale during the preceding cal- supplier that fails to submit the required (iii) a municipal utility; endar year. number of renewable energy credits under (iv) a cooperative utility; (e) ISSUANCE OF RENEWABLE ENERGY CRED- subsection (a) shall be subject to a civil pen- (v) a local government; and ITS.— alty of not more than 3 times the estimated (vi) a special district. (1) IN GENERAL.—Not later than 1 year after national average market value (as deter- (7) SECRETARY.—The term ‘Secretary’ the date of enactment of this Act, the Sec- mined by the Secretary) of that quantity of means the Secretary of Energy. retary shall establish a program to issue, renewable energy credits for the calendar SEC. 2. RENEWABLE ENERGY GENERATION monitor the sale or exchange of, and track year concerned. STANDARDS. renewable energy credits. (a) RENEWABLE ENERGY CREDITS.— (2) APPLICATION.— SA 3018. Mrs. FEINSTEIN submitted (1) IN GENERAL.—Not later than April 1 of (A) IN GENERAL.—Under the program estab- an amendment intended to be proposed each year, each retail electric supplier shall lished under paragraph (1), an entity that to amendment SA 2917 proposed by Mr. generates electric energy through the use of submit to the Secretary renewable energy DASCHLE (for himself and Mr. BINGA- credits in an amount equal to the required a renewable energy resource may apply to MAN) to the bill (S. 517) to authorize annual percentage of the retail electric sup- the Secretary for the issuance of renewable plier’s total amount of kilowatt-hours of energy credits. funding the Department of Energy to non-hydropower electricity sold to con- (B) REQUIREMENTS.—An application under enhance its mission areas through sumers during the previous calendar year. subparagraph (A) shall identify— technology transfer and partnerships (2) RATE.—The rates charged to each class (i) the type of renewable energy resource for fiscal years 2002 through 2006, and of consumers by a retail electric supplier used to produce the electric energy; for other purposes; which was ordered shall reflect an equal percentage of the cost (ii) the State in which the electric energy to lie on the table; as follows: was produced; and of generating or acquiring the required an- On page 189, in the table between lines 10 (iii) any other information that the Sec- nual percentage of renewable energy under and 11, in the item relating to calendar year retary determines appropriate. subsection (b). 2004, strike ‘‘2.3’’ and insert ‘‘1.8’’. (3) ELIGIBLE RESOURCES.—A retail electric (3) NUMBER OF RENEWABLE ENERGY RE- SOURCE CREDITS.— supplier shall not represent to any customer SA 3019. Mrs. FEINSTEIN submitted or prospective customer that any product (A) IN GENERAL.—The Secretary shall issue contains more than the percentage of eligi- to an entity 1 renewable energy credit for an amendment intended to be proposed ble resources if the additional amount of eli- each kilowatt-hour of electric energy that to amendment SA 2917 proposed by Mr. gible resources is being used to satisfy the the entity generates through the use of a re- DASCHLE (for himself and Mr. BINGA- renewable generation requirement under newable energy resource in any State in cal- MAN) to the bill (S. 517) to authorize subsection (b). endar year 2002 and each year thereafter. funding the Department of Energy to (4) STATE RENEWABLE ENERGY PROGRAM.— (B) PARTIAL CREDIT.—If both a renewable enhance its mission areas through (A) IN GENERAL.—Nothing in this section energy resource and a nonrenewable energy technology transfer and partnerships precludes any State from requiring addi- resource are used to generate the electric en- for fiscal years 2002 through 2006, and tional renewable energy generation in the ergy, the Secretary shall issue renewable en- State under any renewable energy program ergy credits based on the proportion of the for other purposes; which was ordered conducted by the State. renewable energy resource used. to lie on the table; as follows: (B) LIMITATION.—A State may limit the (4) ELIGIBILITY.—To be eligible for a renew- Beginning on page 195, strike line 19 and benefits of any State renewable energy pro- able energy credit under this subsection, the all that follows through page 196, line 4, and gram to renewable energy generators located unit of electricity generated through the use insert the following: within the boundaries of the State or other of a renewable energy resource shall be sold ‘‘(B) PETITIONS FOR WAIVERS.— boundaries (as determined by the State). for retail consumption or used by the gener- ‘‘(i) IN GENERAL.—The Administrator, in (b) REQUIRED RENEWABLE ENERGY.—Of the ator. consultation with the Secretary of Agri- total amount of non-hydropower electricity (5) IDENTIFICATION OF RENEWABLE ENERGY culture and the Secretary of Energy, shall sold by each retail electric supplier during a CREDITS.—The Secretary shall identify re- approve or disapprove a State petition for a calendar year, the amount generated by re- newable energy credits by— waiver of the requirement of paragraph (2) S1946 CONGRESSIONAL RECORD — SENATE March 14, 2002

within 30 days after the date on which the considered to be the equivalent of 1.5 gallons (C) LIGHT DUTY MOTOR VEHICLE.—The term petition is received by the Administrator. of renewable fuel; and ‘‘light duty motor vehicle’’ has the meaning ‘‘(ii) FAILURE TO ACT.—If the Administrator ‘‘(ii) 1 gallon of cellulosic biomass ethanol given the term in section 301 of the Energy fails to approve or disapprove a petition shall be considered the equivalent of 2 gal- Policy Act of 1992 (42 U.S.C. 13211). within the period specified in clause (i), the lons of renewable fuel if the cellulosic bio- (D) SECRETARY.—The term ‘‘Secretary’’ petition shall be deemed to be approved. mass ethanol is derived from agricultural means the Secretary of Energy. commodities and residues. (2) BIODIESEL CREDIT EXTENSION STUDY.—As SA 3020. Mrs. FEINSTEIN submitted ‘‘(B) CELLULOSIC BIOMASS ETHANOL CONVER- soon as practicable after the date of enact- an amendment intended to be proposed SION ASSISTANCE.— ment of this Act, the Secretary shall con- to amendment SA 2917 proposed by Mr. ‘‘(i) IN GENERAL.—The Secretary of Energy duct a study— may make grants to merchant producers of DASCHLE (for himself and Mr. BINGA- (A) to determine the availability and cost cellulosic biomass ethanol to assist such pro- of light duty motor vehicles that qualify as MAN) to the bill (S. 517) to authorize ducers in building eligible facilities for the alternative fueled vehicles under title V of funding the Department of Energy to production of cellulosic biomass ethanol. the Energy Policy Act of 1992 (42 U.S.C. 13251 enhance its mission areas through ‘‘(ii) ELIGIBLE FACILITIES.—A facility shall et seq.); and technology transfer and partnerships be eligible to receive a grant under this para- (B) to compare— for fiscal years 2002 through 2006, and graph if the facility— (i) the availability and cost of biodiesel; ‘‘(I) is located in the United States; and with for other purposes; which was ordered ‘‘(II) uses cellulosic biomass ethanol feed (ii) the availability and cost of fuels that to lie on the table; as follows: stocks derived from agricultural commod- qualify as alternative fuels under title V of On page 189, line 3, strike ‘‘2004’’ and insert ities and residues. the Energy Policy Act of 1992 (42 U.S.C. 13251 ‘‘2005’’. ‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— et seq.). On page 189, line 5, strike ‘‘2004’’ and insert There is authorized to be appropriated to (3) REPORT.—Not later than 1 year after ‘‘2005’’. carry out this paragraph such sums as may On page 189, line 8, strike ‘‘2004’’ and insert be necessary for fiscal years 2003, 2004, and the date of enactment of this Act, the Sec- ‘‘2005’’. 2005.’’. retary shall submit to Congress a report On page 189, in the table between lines 10 that— and 11, strike the item relating to calendar SA 3023. Mrs. LINCOLN (for herself, (A) describes the results of the study con- year 2004. Mr. BOND, Mr. JOHNSON, Mrs. ducted under paragraph (2); and (B) includes any recommendations of the On page 193, line 10, strike ‘‘2004’’ and in- CARNAHAN, Mr. HUTCHINSON, Mr. HAR- Secretary for legislation to extend the tem- sert ‘‘2005’’. KIN, Mr. GRASSLEY, Mr. BUNNING, Mr. On page 194, line 21, strike ‘‘2004’’ and in- porary credit provided under subsection (a) BAYH, and Mr. CRAIG) submitted an sert ‘‘2005’’. beyond model year 2005. On page 196, line 17, strike ‘‘2004’’ and in- amendment intended to be proposed to sert ‘‘2005’’. amendment SA 2917 proposed by Mr. SA 3024. Mr. VOINOVICH (for him- On page 197, line 4, strike ‘‘2004’’ and insert DASCHLE (for himself and Mr. BINGA- self, Ms. LANDREIU, Mr. SMITH of New ‘‘2005’’. MAN) to the bill (S. 517) to authorize Hampshire, and Mr. INHOFE) submitted On page 199, line 4, strike ‘‘2004’’ and insert funding the Department of Energy to an amendment intended to be proposed ‘‘2005’’. enhance its mission areas through to amendment SA 2917 proposed by Mr. On page 199, line 17, strike ‘‘2004’’ and in- technology transfer and partnerships DASCHLE (for himself and Mr. BINGA- sert ‘‘2005’’. for fiscal years 2002 through 2006, and MAN) to the bill (S. 517) to authorize funding the Department of Energy to SA 3021. Mrs. BOXER (for herself and for other purposes; which was ordered to lie on the table; as follows: enhance its mission areas through Mrs. FEINSTEIN) submitted an amend- technology transfer and partnerships ment intended to be proposed to On page 142, strike lines 8 through 11 and for fiscal years 2002 through 2006, and amendment SA 2917 proposed by Mr. insert the following: for other purposes; which was ordered DASCHLE (for himself and Mr. BINGA- SEC. 817. TEMPORARY BIODIESEL CREDIT EX- PANSION. to lie on the table; as follows: MAN) to the bill (S. 517) to authorize On page 119, between lines 10 and 11, insert funding the Department of Energy to (a) BIODIESEL CREDIT EXPANSION.—Section 312(b) of the Energy Policy Act of 1992 (42 the following: enhance its mission areas through U.S.C. 13220(b)) is amended by striking para- Subtitle B—Growth of Nuclear Energy technology transfer and partnerships graph (2) and inserting the following: SEC. 511. COMBINED LICENSE PERIODS. for fiscal years 2002 through 2006, and ‘‘(2) USE.— Section 103c. of the Atomic Energy Act of for other purposes; which was ordered ‘‘(A) IN GENERAL.—A fleet or covered 1954 (42 U.S.C. 2133(c)) is amended— to lie on the table; as follows: person— (1) by striking ‘‘c. Each such’’ and insert- Beginning on page 204, strike line 15 and ‘‘(i) may use credits allocated under sub- ing the following: all that follows through page 205, line 8, and section (a) to satisfy more than 50 percent of ‘‘c. LICENSE PERIOD.— insert the following: the alternative fueled vehicle requirements ‘‘(1) IN GENERAL.—Each such’’; and ‘‘Notwithstanding any other provision of of a fleet or covered person under this title, (2) by adding at the end the following: federal or state law, a renewable fuel, as de- title IV, and title V; but ‘‘(2) COMBINED LICENSES.—In the case of a fined by this Act, used or intended to be used ‘‘(ii) may use credits allocated under sub- combined construction and operating license as a motor vehicle fuel, or any motor vehicle section (a) to satisfy 100 percent of the alter- issued under section 185(b), the duration of fuel containing such renewable fuel, shall be native fueled vehicle requirements of a fleet the operating phase of the license period subject to liability standards no less protec- or covered person under title V for 1 or more shall not be less than the duration of the op- tive than any other motor vehicle fuel or of model years 2002 through 2005. erating license if application had been made fuel additive.’’. ‘‘(B) APPLICABILITY.—Subparagraph (A) for separate construction and operating li- does not apply to a fleet or covered person censes.’’. SA 3022. Mrs. BOXER (for herself and that is a biodiesel alternative fuel provider SEC. 512. SCOPE OF ENVIRONMENTAL REVIEW. described in section 501(a)(2)(A).’’. (a) IN GENERAL.—Chapter 10 of title I of the Mrs. FEINSTEIN) submitted an amend- (b) TREATMENT AS SECTION 508 CREDITS.— Atomic Energy act of 1954 (42 U.S.C. 2131 et ment intended to be proposed to Section 312(c) of the Energy Policy Act of seq.) is amended— amendment SA 2917 proposed by Mr. 1992 (42 U.S.C. 13220(c)) is amended— (1) by redesignating sections 110 and 111 as DASCHLE (for himself and Mr. BINGA- (1) in the subsection heading, by striking section 111 and 112, respectively; and MAN) to the bill (S. 517) to authorize ‘‘CREDIT NOT’’ and inserting ‘‘TREATMENT (2) by inserting after section 109 the fol- funding the Department of Energy to AS’’; and lowing: enhance its mission areas through (2) by striking ‘‘shall not be considered’’ ‘‘SEC. 110. SCOPE OF ENVIRONMENTAL REVIEW. technology transfer and partnerships and inserting ‘‘shall be treated as’’. ‘‘In conducting any environmental review (c) ALTERNATIVE FUELED VEHICLE STUDY for fiscal years 2002 through 2006, and (including any activity conducted under sec- AND REPORT.— tion 102 of the National Environmental Pol- for other purposes; which was ordered (1) DEFINITIONS.—In this subsection: icy Act of 1969 (42 U.S.C. 4332)) in connection to lie on the table; as follows: (A) ALTERNATIVE FUEL.—The term ‘‘alter- with an application for a license or a re- On page 191, strike lines 8 through 11 and native fuel’’ has the meaning given the term newed license under this chapter, the Com- insert the following: in section 301 of the Energy Policy Act of mission shall not give any consideration to ‘‘(4) CELLULOSIC BIOMASS ETHANOL.— 1992 (42 U.S.C. 13211). the need for, or any alternative to, the facil- ‘‘(A) IN GENERAL.—For the purpose of para- (B) ALTERNATIVE FUELED VEHICLE.—The ity to be licensed.’’. graph (2)— term ‘‘alternative fueled vehicle’’ has the (b) CONFORMING AMENDMENTS.— ‘‘(i) except as provided in clause (ii), 1 gal- meaning given the term in section 301 of the (1) The Atomic Energy Act of 1954 is lon of cellulosic biomass ethanol shall be Energy Policy Act of 1992 (42 U.S.C. 13211). amended— March 14, 2002 CONGRESSIONAL RECORD — SENATE S1947

(A) in the table of contents (42 U.S.C. prec. SEC. 532. CONTRACTS WITH THE NATIONAL LAB- (2) EXCEPTION.—Paragraph (1) does not 2011), by striking the items relating to sec- ORATORIES. apply to funding authorized under subsection tion 110 and inserting the following: Section 170A of the Atomic Energy Act of (b) or (e) of section 2602 of the Low Income 1954 (42 U.S.C. 2210a) is amended by striking ‘‘Sec. 110. Scope of environmental review. Housing Energy Assistance Act of 1981 (42 subsection c. and inserting the following: U.S.C. 8621). ‘‘Sec. 111. Exclusions. ‘‘c. CONTRACTS, AGREEMENTS, AND OTHER ‘‘Sec. 112. Licensing by Nuclear Regulatory ARRANGEMENTS WITH THE NATIONAL LABORA- SA 3027. Mr. CRAIG submitted an Commission of distribution of TORIES.—Notwithstanding subsection b. and amendment intended to be proposed to certain materials by Depart- notwithstanding the potential for a conflict amendment SA 2917 proposed by Mr. ment of Energy.’’; of interest that cannot be avoided, the Com- DASCHLE (for himself and Mr. BINGA- (B) in the last sentence of section 57b. (42 mission may enter into a contract, agree- MAN) to the bill (S. 517) to authorize U.S.C. 2077(b)), by striking ‘‘section 111 b.’’ ment, or other arrangement with a national and inserting ‘‘section 112b.’’; and laboratory if the Commission takes reason- funding the Department of Energy to (C) in section 131a.(2)(C), by striking ‘‘sec- able steps to mitigate the effect of the con- enhance its mission areas through tion 111 b.’’ and inserting ‘‘section 112b.’’. flict of interest.’’. technology transfer and partnerships (2) Section 202 of the Energy Reorganiza- SEC. 533. NRC TRAINING PROGRAM. for fiscal years 2002 through 2006, and tion Act o f 1974 (42 U.S.C. 5842) is amended— (a) IN GENERAL.—In order to maintain the for other purposes; which was ordered (A) by striking ‘‘section 110 a.’’ and insert- human resource investment and infrastruc- to lie on the table; as follows: ture of the United States in the nuclear ing ‘‘section 111a.’’; and Strike Title II and insert: (B) by striking ‘‘section 110 b.’’ and insert- sciences, health physics, and engineering ing ‘‘section 111b.’’. fields, in accordance with the statutory au- ‘‘TITLE II—ELECTRICITY thorities of the Commission relating to the ‘‘Subtitle A—Consumer Protections Subtitle C—NRC Regulatory Reform civilian nuclear energy program, the Nuclear ‘‘SEC. 201. INFORMATION DISCLOSURE. SEC. 521. ELIMINATION OF DUPLICATIVE ANTI- Regulatory Commission shall carry out a ‘‘(a) OFFERS AND SOLICITATIONS.—The Fed- TRUST REVIEW. training and fellowship program to address eral Trade Commission shall issue rules re- Section 105 of the Atomic Energy Act of shortages of individuals with critical safety quiring each electric utility that makes an 1954 (42 U.S.C. 2135) is amended by striking skills. offer to sell electric energy, or solicits elec- subsection c. and inserting the following: (b) AUTHORIZATION OF APPROPRIATIONS.— tric consumers to purchase electric energy (1) IN GENERAL.—There are authorized to be ‘‘c. CONDITIONS.— to provide the electric consumer a statement appropriated to carry out this section ‘‘(1) IN GENERAL.—A condition for a grant containing the following information: of a license imposed by the Commission $1,000,000 for each of fiscal years 2002 through ‘‘(1) the nature of the service being offered, under this section shall remain in effect 2005. including information about interruptibility until the condition is modified or removed (2) AVAILABILITY.—Funds made available of service; by the Commission. under paragraph (1) shall remain available ‘‘(2) the price of the electric energy, in- until expended. ‘‘(2) MODIFICATION.—If a person that is li- cluding a description of any variable charges; censed to construct or operate a utilization SA 3025. Mr. INHOFE (for himself or production facility applies for reconsider- ‘‘(3) a description of all other charges asso- ation under this section of a condition im- and Mr. CONRAD) submitted an amend- ciated with the service being offered, includ- posed in the person’s license, the Commis- ment intended to be proposed to ing access charges, exit charges, back-up sion shall conduct a proceeding, on an expe- amendment SA 2917 proposed by Mr. service charges, stranded cost recovery dited basis, to determine whether the license DASCHLE (for himself and Mr. BINGA- charges, and customer service charges; and ‘‘(4) information the Federal Trade Com- condition— MAN) to the bill (S. 517) to authorize ‘‘(A) is necessary to ensure compliance mission determines is technologically and funding the Department of Energy to economically feasible to provide, is of assist- with subsection a.; or enhance its mission areas through ‘‘(B) should be modified or removed.’’. ance to electric consumers in making pur- technology transfer and partnerships chasing decisions, and concerns— SEC. 522. HEARING PROCEDURES. for fiscal years 2002 through 2006, and ‘‘(A) the product or its price; Section 189a.(1) of the Atomic Energy Act for other purposes; which was ordered ‘‘(B) the share of electric energy that is of 1954 (42 U.S.C. 2239(a)(1)) is amended by to lie on the table; as follows: generated by each fuel type; and adding at the end the following: ‘‘(C) the environmental emissions produced On page 407, line 4, after ‘‘including’’, in- ‘‘(C) HEARINGS.—A hearing under this sec- in generating the electric energy. sert ‘‘flexible alternating current trans- tion shall be conducted using informal adju- ‘‘(b) PERIODIC BILLINGS.—The Federal mission systems,’’. dicatory procedures unless the Commission Trade Commission shall issue rules requiring determines that formal adjudicatory proce- any electric utility that sells electric energy SA 3026. Ms. LANDRIEU submitted to transmit to each of its electric consumers, dures are necessary— an amendment intended to be proposed ‘‘(i) to develop a sufficient record; or in addition to the information transmitted ‘‘(ii) to achieve fairness.’’. to amendment SA 2917 proposed by Mr. pursuant to section 115(f) of the Public Util- DASCHLE (for himself and Mr. BINGA- ity Regulatory Policies Act of 1978 (16 U.S.C. SEC. 523. AUTHORITY OVER FORMER LICENSEES 2625(f)), a clear and concise statement con- FOR DECOMMISSIONING FUNDING. MAN) to the bill (S. 517) to authorize funding the Department of Energy to taining the information described in sub- Section 161i. of the Atomic Energy Act of section (a)(4) for each billing period (unless 1954 (42 U.S.C. 2201(i)) is amended— enhance its mission areas through technology transfer and partnerships such information is not reasonably ascer- (1) by striking ‘‘and (3)’’ and inserting tainable by the electric utility). ‘‘(3)’’; and for fiscal years 2002 through 2006, and ‘‘SEC. 202. CONSUMER PRIVACY. (2) by inserting before the semicolon at the for other purposes; which was ordered ‘‘(a) PROHIBITION.—The Federal Trade Com- end the following: ‘‘, and (4) to ensure that to lie on the table; as follows: mission shall issue rules prohibiting any sufficient funds will be available for the de- On page 247, between lines 10 and 11, insert electric utility that obtains consumer infor- commissioning of any production or utiliza- the following: mation in connection with the sale or deliv- tion facility licensed under section 103 or SEC. 903. STATE ENERGY PLANS. ery of electric energy to an electric con- 104b., including standards and restrictions (a) IN GENERAL.—No later than 1 year after sumer from using, disclosing, or permitting governing the control, maintenance, use, and the date of enactment of this Act, each State access to such information unless the elec- disbursement by any former licensee under shall submit to the Secretary of Energy a tric consumer to whom such information re- this Act that has control over any fund for plan that outlines possible methodologies lates provides prior written approval. the decommissioning of the facility’’. that would ensure that, by the date that is 10 ‘‘(b) PERMITTED USE.—The rules issued Subtitle D—NRC Personnel Crisis years after the date of submission of the re- under this section shall not prohibit any port, the amount of energy produced in the electric utility from using, disclosing, or SEC. 531. ELIMINATION OF PENSION OFFSET. State will be equal to at least 85 percent of permitting access to consumer information Section 161 of the Atomic Energy Act of the amount of energy consumed in the State referred to in subsection (a) for any of the 1954 (42 U.S.C. 2201) is amended by adding at (as those amounts are measured by the En- following purposes. the end the following: ergy Information Agency). ‘‘(1) to facilitate an eclectic consumer’s ‘‘y. exempt from the application of sec- (b) FAILURE TO SUBMIT A PLAN.— change in selection of an electric utility tions 8344 and 8468 of title 5, United States (1) IN GENERAL.—After the date that is 1 under procedures approved by the State or Code, an annuitant who was formerly an em- year after the date of enactment of this Act, State regulatory authority; ployee of the Commission who is hired by the a State that has not submitted a plan under ‘‘(2) to initiate, render, bill, or collect for Commission as a consultant, if the Commis- subsection (a) shall not receive any funding the sale or delivery of electric energy to sion finds that the annuitant has a skill that authorized by this Act or any amendment electric consumers or for related services; is critical to the performance of the duties of made by this Act until the State submits a ‘‘(3) to protect the rights or property of the the Commission.’’. report. person obtaining such information; S1948 CONGRESSIONAL RECORD — SENATE March 14, 2002 ‘‘(4) to protect retail electric consumers the following after section 215 as added by shall not defer with respect to its effect on from fraud, abuse, and unlawful subscription this Act: competition. in the sale or delivery of electric energy to ‘‘SEC. 216. ELECTRIC RELIABILITY. ‘‘(3) The electric reliability organization such consumers; ‘‘(a) DEFINITIONS.—For purposes of this and the Commission shall rebuttably pre- ‘‘(5) for law enforcement purposes; or section— sume that a proposal from a regional entity ‘‘(6) for purposes of compliance with any ‘‘(1) ‘bulk-power system’ means the net- organized on an interconnection-wide basis Federal, State, or local law or regulation au- work of interconnected transmission facili- for a reliability standard or modification to thorizing disclosure of information to a Fed- ties and generating facilities; a reliability standard to be applicable on an eral, State, or local agency. ‘‘(2) ‘electric reliability organization’ Interconnection-wide basis is just, reason- ‘‘(c) AGGREGATE CONSUMER INFORMATION.— means a self-regulating organization cer- able, and not unduly discriminatory or pref- The rules issued under this subsection may tified by the Commission under subsection erential, and in the public interest. permit a person to use, disclose, and permit (c) whose purpose is to promote the reli- ‘‘(4) The Commission shall remand to the access to aggregate consumer information ability of the bulk power system; and electric reliability organization for further and may require an electric utility to make ‘‘(3) ‘reliability standard’ means a require- consideration a proposed reliability standard such information available to other electric ment to provide for reliable operation of the or a modification to a reliability standard utilities upon request and payment of a rea- bulk power system approved by the Commis- that the Commission disapproves in whole or sonable fee. sion under this section. in part. ‘‘(5) The Commission, upon its own motion ‘‘(d) DEFINITIONS.—As used in this section: ‘‘(b) JURISDICTION AND APPLICABILITY.—The or upon complaint, may order an electric re- ‘‘(1) The term ‘‘aggregate consumer infor- Commission shall have jurisdiction, within liability organization to submit to the Com- mation’’ means collective data that relates the United States, over an electric reli- mission a proposed reliability standard or a to a group or category of retail electric con- ability organization, any regional entities, modification to a reliability standard that sumers, from which individual consumer and all users, owners and operators of the addresses a specific matter if the Commis- identifies and characteristics have been re- bulk power system, including but not limited sion considers such a new or modified reli- moved. to the entities described in section 201(f), for ability standard appropriate to carry out ‘‘(2) The term ‘‘consumer information’’ purposes of approving reliability standards this section. means information that relates to the quan- and enforcing compliance with this section. ‘‘(e) ENFORCEMENT.— tity, technical configuration, type, destina- All users, owners and operators of the bulk- tion, or amount of use of electric energy de- ‘‘(1) An electric reliability organization power system shall comply with reliability may impose a penalty on a user or owner or livered to any retail electric consumer. standards that take effect under this section. ‘‘SEC. 203. UNFAIR TRADE PRACTICES. operator of the bulk power system if the ‘‘(c) CERTIFICATION.— electric reliability organization, after notice ‘‘(a) SLAMMING.—The Federal Trade Com- ‘‘(1) The Commission shall issue a final mission shall issue rules prohibiting the and an opportunity for a hearing— rule to implement the requirements of this ‘‘(A) finds that the user or owner or oper- change of selection of an electric utility ex- section not later than 180 days after the date ator of the bulk power system has violated a cept with the informed consent of the elec- of enactment of this section. reliability standard approved by the Com- tric consumer. ‘‘(2) Following the issuance of a Commis- mission under subsection (d); and ‘‘(b) CRAMMING.—The Federal Trade Com- sion rule under paragraph (1), any person ‘‘(B) files notice with the Commission, mission shall issue rules prohibiting the sale may submit an application to the Commis- which shall affirm, set aside or modify the of goods and services to an electric consumer sion for certification as an electric reli- action. unless expressly authorized by law or the ability organization. The Commission may ‘‘(2) On its own motion or upon complaint, electric consumer. certify an applicant if the Commission deter- the Commission may order compliance with ‘‘SEC. 204. APPLICABLE PROCEDURES. mines that the applicant— a reliability standard and may impose a pen- ‘‘The Federal Trade Commission shall pro- ‘‘(A) has the ability to develop, and enforce alty against a user or owner or operator of ceed in accordance with section 553 of title 5, reliability standards that provide for an ade- the bulk power system, if the Commission United States Code, when prescribing a rule quate level of reliability of the bulk-power finds, after notice and opportunity for a required by this subtitle. system; hearing, that the user or owner or operator ‘‘SEC. 205. FEDERAL TRADE COMMISSION EN- ‘‘(B) has established rules that— of the bulk power system has violated or FORCEMENT. ‘‘(i) assure its independence of the users threatens to violate a reliability standard. ‘‘Violation of a rule issued under this sub- and owners and operators of the bulk power ‘‘(3) The Commission shall establish regu- title shall be treated as a violation of a rule system; while assuring fair stakeholder rep- lations authorizing the electric reliability under section 18 of the Federal Trade Com- resentation in the selection of its directors organization to enter into an agreement to mission Act (15 U.S.C. 57a) respecting unfair and balanced decision-making in any com- delegate authority to a regional entity for or deceptive acts or practices. All functions mittee or subordinate organizational struc- the purpose of proposing and enforcing reli- and powers of the Federal Trade Commission ture; ability standards (including related activi- under such Act are available to the Federal ‘‘(ii) allocate equitably dues, fees, and ties) if the regional entity satisfies the pro- Trade Commission to enforce compliance other charges among end users for all activi- visions of subsection (c)(2)(A) and (B) and the with this subtitle notwithstanding any juris- ties under this section; agreement promotes effective and efficient dictional limits in such Act. ‘‘(iii) provide fair and impartial procedures administration of bulk power system reli- ‘‘SEC. 206. STATE AUTHORITY. for enforcement of reliability standards ability, and may modify such delegation. ‘‘Nothing in this subtitle shall be con- through imposition of penalties (including The electric reliability organization and the strued to preclude a State or State regu- limitations on activities, functions, or oper- Commission shall rebuttably presume that a latory authority from prescribing and en- ations; or other appropriate sanctions); and proposal for delegation to a regional entity forcing laws, rules or procedures regarding ‘‘(iv) provide for reasonable notice and op- organized on an interconnection-wide basis the practices which are the subject of this portunity for public comment, due process, promotes effective and efficient administra- subtitle. openness, and balance of interests in devel- tion of bulk power system reliability and ‘‘SEC. 207. DEFINITIONS. oping reliability standards and otherwise ex- shall be approved. Such regulation may pro- ercising its duties. ‘‘As used in this subtitle: vide that the Commission may assign the ‘‘(1) The term ‘aggregate consumer infor- ‘‘(3) If the Commission receives two or electric reliability organization’s authority mation’ means collective data that relates to more timely applications that satisfy the re- to enforce reliability standards directly to a a group or category of electric consumers, quirements of this subsection, the Commis- regional entity consistent with the require- from which individual consumer identities sion shall approve only the application it ments of this paragraph. and identifying characteristics have been re- concludes will best implement the provisions ‘‘(4) The Commission may take such action moved. of this section. as is necessary or appropriate against the ‘‘(2) The term ‘consumer information’ ‘‘(d) RELIABILITY STANDARDS.— electric reliability organization or a regional means information that relates to the quan- ‘‘(1) An electric reliability organization entity to ensure compliance with a reli- tity technical configuration, type, destina- shall file a proposed reliability standard or ability standard or any Commission order af- tion, or amount of use of electric energy de- modification to a reliability standard with fecting the electric reliability organization livered to an electric consumer. the Commission. or a regional entity. ‘‘(3) The term ‘electric consumer’, ‘electric ‘‘(2) The Commission may approve a pro- ‘‘(f) CHANGES IN ELECTRIC RELIABILITY OR- utility’, and ‘State regulatory authority’ posed reliability standard or modification to GANIZATION RULES.—An electric reliability have the meanings given such terms in sec- a reliability standard if it determines that organization shall file with the Commission tion 3 of the Public Utility Regulatory Poli- the standard is just, reasonable, not unduly for approval any proposed rule or proposed cies Act of 1978 (16 U.S.C. 2602). discriminatory or preferential, and in the rule change, accompanied by an explanation public interest. The Commission shall give of its basis and purpose. The Commission, ‘‘Subtitle B—Electric Reliability due weight to the technical expertise of the upon its own motion or complaint, may pro- ‘‘SEC. 208 ELECTRIC RELIABILITY. electric reliability organization with respect pose a change to the rules of the electric re- ‘‘Part II of the Federal Power Act (16 to the content of a proposed standard or liability organization. A proposed rule or U.S.C. 824 et seq.) is amended by inserting modification to a reliability standard, but proposed rule change shall take effect upon a March 14, 2002 CONGRESSIONAL RECORD — SENATE S1949 finding by the Commission, after notice and load served within the region. A regional ad- necessary or appropriate for the rate protec- opportunity for comment,that the change is visory body shall be composed of one mem- tion of utility customers with respect to just, reasonable, not unduly discriminatory ber from each participating State in the re- rates that such person be subject to the obli- or preferential, is in the public interest, and gion, appointed by the Governor of each gations, duties, and liabilities imposed by satisfies the requirements of subsection State, and may include representatives of this subtitle upon holding companies. (c)(2). agencies, States, and provinces outside the ‘‘(9) The term ‘holding company system’ ‘‘(g) COORDINATION WITH CANADA AND MEX- United States. A regional advisory body may means a holding company, together with its ICO.— provide advice to the electric reliability or- subsidiary companies. ‘‘(1) The electric reliability organization ganization, a regional reliability entity, or ‘‘(10) The term ‘jurisdictional rates’ means shall take all appropriate steps to gain rec- the Commission regarding the governance of rates established by the Commission for the ognition in Canada and Mexico. an existing or proposed regional reliability transmission of electric energy in interstate ‘‘(2) The President shall use his best efforts entity within the same region, whether a commerce, the sale of electric energy at to enter into international agreements with standard proposed to apply within the region wholesale in interstate commerce, the trans- the governments of Canada and Mexico to is just, reasonable, not unduly discrimina- portation of natural gas in interstate com- provide for effective compliance with reli- tory or preferential, and in the public inter- merce, and the sale in interstate commerce ability standards and the effectiveness of the est, whether fees proposed to be assessed of natural gas for resale for ultimate public electric reliability organization in the within the region are just, reasonable, not consumption for domestic, commercial, in- United States and Canada or Mexico. unduly discriminatory or preferential, and in dustrial, or any other use. ‘‘(h) RELIABILITY REPORTS.—The electric the public interest and any other responsibil- ‘‘(11) The term ‘natural gas company’ reliability organization shall conduct peri- ities requested by the Commission. The Com- means a person engaged in the transpor- odic assessments of the reliability and ade- mission may give deference to the advice of tation of natural gas in interstate commerce quacy of the interconnected bulk-power sys- any such regional advisory body if that body or the sale of such gas in interstate com- tem in North America. is organized on an interconnection-wide merce for resale. ‘‘(i) SAVINGS PROVISIONS.— basis. ‘‘(12) The term ‘person’ means an indi- ‘‘(1) The electric reliability organization ‘‘(1) APPLICATION TO ALASKA AND HAWAII.— vidual or company. shall have authority to develop and enforce The provisions of this section do not apply to ‘‘(13) The term ‘public utility’ means any compliance with standards for the reliable Alaska or Hawaii.’’ person who owns or operates facilities used operation of only the bulk-power system. for transmission of electric energy in inter- ‘‘Subtitle B—Amendments to the Public ‘‘(2) This section does not provide the elec- state commerce or sales of electric energy at Utility Holding Company Act tric reliability organization or the Commis- wholesale in interstate commerce. sion with the authority to order the con- ‘‘SEC. 209. SHORT TITLE. ‘‘(14) The term ‘public utility company’ struction of additional generation or trans- ‘‘This subtitle may be cited as the ‘‘Public means an electric utility company or a gas mission capacity or to set and enforce com- Utility Holding Company Act of 2002’’. utility company. pliance with standards for adequacy or safe- ‘‘SEC. 210. DEFINITIONS. ‘‘(15) The term ‘State commission’ means ty of electric facilities or services. ‘‘For purposes of this subtitle: any commission, board, agency, or officer, by ‘‘(3) Nothing in this section shall be con- ‘‘(1) The term ‘‘affiliate’’ of a company whatever name designated, of a State, mu- strued to preempt any authority of any means any company, 5 percent or more of nicipality, or other political subdivision of a State to take action to ensure the safety, the outstanding voting securities of which State that, under the laws of such State, has adequacy, and reliability of electric service are owned, controlled, or held with power to jurisdiction to regulate utility companies. within the State, as long as such action is vote, directly or indirectly, by such com- ‘‘(16) The term ‘subsidiary company’ of a not inconsistent with any reliability stand- pany. holding company means— ard. ‘‘(2) The term ‘‘associate company’’ of a ‘‘(A) any company, 10 percent or more of ‘‘(4) Within 90 days of the application of company means any company in the same the outstanding voting securities of which the electric reliability organization or other holding company system with such company. are directly or indirectly owned, controlled, affected party, and after notice and oppor- ‘‘(3) The term ‘‘Commission’’ means the or held with power to vote, by such holding tunity for comment, the Commission shall Federal Energy Regulatory Commission. company; and issue a final order determining whether a ‘‘(4) The term ‘‘company’’ means a corpora- ‘‘(B) any person, the management or poli- state action is inconsistent with a reliability tion, partnership, association, joint stock cies of which the Commission, after notice standard, taking into consideration any rec- company, business trust, or any organized and opportunity for hearing, determines to ommendations of the electric reliability or- group of persons, whether incorporated or be subject to a controlling influence, di- ganization. not, or a receiver, trustee, or other liqui- rectly or indirectly, by such holding com- ‘‘(5) The Commission, after consultation dating agent of any of the foregoing. pany (either alone or pursuant to an ar- with the electric reliability organization, ‘‘(5) The term ‘‘electric utility company’’ rangement or understanding with one or may stay the effectiveness of any state ac- means any company that owns or operates more other persons) so as to make it nec- tion, pending the Commission’s issuance of a facilities used for the generation, trans- essary for the rate protection of utility cus- final order. mission, or distribution of electric energy for tomers with respect to rates that such per- ‘‘(j) APPLICATION OF ANTITRUST LAWS.— sale. son be subject to the obligations, duties, and ‘‘(1) IN GENERAL.—To the extent under- ‘‘(6) The terms ‘‘exempt wholesale gener- liabilities imposed by this subtitle upon sub- taken to develop, implement, or enforce a re- ator’’ and ‘‘foreign utility company’’ have sidiary companies of holding companies. liability standard, each of the following ac- the same meanings as in sections 32 and 33, ‘‘(17) The term ‘voting security’ means any tivities shall not, in any action under the respectively, of the Public Utility Holding security presently entitling the owner or antitrust laws, be deemed illegal per se: Company Act of 1935 (15 U.S.C. 79z–5a, 79z– holder thereof to vote in the direction or ‘‘(A) activities undertaken by an electric 5b), as those sections existed on the day be- management of the affairs of a company. reliability organization under this section, fore the effective date of this subtitle. ‘‘SEC. 211. REPEAL OF THE PUBLIC UTILITY and ‘‘(7) The term ‘‘gas utility company’’ HOLDING COMPANY ACT OF 1935. ‘‘(B) activities of a user or owner or oper- means any company that owns or operates ‘‘The Public Utility Holding Company Act ator of the bulk power system undertaken in facilities used for distribution at retail of 1935 (15 U.S.C. 79 et seq.) is repealed. good faith under the rules of an electric reli- (other than the distribution only in enclosed ‘‘SEC. 212. FEDERAL ACCESS TO BOOKS AND ability organization. portable containers or distribution to ten- RECORDS. ‘‘(2) RULE OF REASON.—In any action under ants or employees of the company operating ‘‘(a) IN GENERAL.—Each holding company the antitrust laws, an activity described in such facilities for their own use and not for and each associate company thereof shall paragraph (1) shall be judged on the basis of resale) of natural or manufactured gas for maintain, and shall make available to the its reasonableness, taking into account all heat, light, or power. Commission, such books, accounts, memo- relevant factors affecting competition and ‘‘(8) The term ‘‘holding company’’ means— randa, and other records as the Commission reliability. ‘‘(A) any company that directly or indi- deems to be relevant to costs incurred by a ‘‘(3) DEFINITION.—For purposes of this sub- rectly owns, controls, or holds, with power to public utility or natural gas company that is section, ‘antitrust laws’ has the meaning vote, 10 percent or more of the outstanding an associate company of such holding com- given the term in subsection (a) of the first voting securities of a public utility company pany and necessary or appropriate for the section of the Clayton Act (15 U.S.C. 12(a)), or of a holding company of any public utility protection of utility customers with respect except that it includes section 5 of the Fed- company; and to jurisdictional rates. eral Trade Commission Act (15 U.S.C. 45) to ‘‘(B) any person, determined by the Com- ‘‘(b) AFFILIATE COMPANIES.—Each affiliate the extent that section 5 applies to unfair mission, after notice and opportunity for of a holding company or of any subsidiary methods of competition. hearing, to exercise directly or indirectly company of a holding company shall main- ‘‘(k) REGIONAL ADVISORY BODIES.—The (either alone or pursuant to an arrangement tain, and shall make available to the Com- Commission shall establish a regional advi- or understanding with one or more persons) mission, such books, accounts, memoranda, sory body on the petition of at least two- such a controlling influence over the man- and other records with respect to any trans- thirds of the States within a region that agement or policies of any public utility action with another affiliate, as the commis- have more than one-half of their electric company or holding company as to make it sion deems to be relevant to costs incurred S1950 CONGRESSIONAL RECORD — SENATE March 14, 2002 by a public utility or natural gas company ‘‘(1) the Commission finds that the books, Commission under this subtitle shall be that is an associate company of such holding accounts, memoranda, and other records of transferred from the Securities and Ex- company and necessary or appropriate for any person are not relevant to the jurisdic- change Commission to the Commission. the protection of utility customers with re- tional rates of a public utility or natural gas ‘‘SEC. 222. INTER-AGENCY REVIEW OF COMPETI- spect to jurisdictional rates. company; or TION IN THE WHOLESALE AND RE- ‘‘(c) HOLDING COMPANY SYSTEMS.—The ‘‘(2) the Commission finds that any class of TAIL MARKETS FOR ELECTRIC EN- Commission may examine the books, ac- transactions is not relevant to the jurisdic- ERGY. counts, memoranda, and other records of any tional rates of a public utility or natural gas ‘‘(a) TASK FORCE.—There is established an company in a holding company system, or company. inter-agency task force, to be known as the any affiliate thereof, as the Commission ‘‘SEC 215. AFFILIATE TRANSACTIONS. ‘‘Electric Energy Market Competition Task deems to be relevant to costs incurred by a ‘‘(a) COMMISSION AUTHORITY UNAFFECTED.— Force’’ (referred to in this section as the public utility or natural gas company within Nothing in this subtitle shall limit the au- ‘‘task force’’), which shall consist of— such holding company system and necessary thority of the Commission under the Federal ‘‘(1) 1 member each from— or appropriate for the protection of utility Power Act (16 U.S.C. 791a et seq.) to require ‘‘(A) the Department of Justice, to be ap- customers with respect to jurisdictional that jurisdictional rates are just and reason- pointed by the Attorney General of the rates. able, including the ability to deny or approve United States; ‘‘(d) CONFIDENTIALITY.—No member, offi- the pass through of costs, the prevention of ‘‘(B) the Federal Energy Regulatory Com- cer, or employee of the Commission shall di- cross-subsidization, and the promulgation of mission, to be appointed by the chairman of vulge any fact or information that may come such rules and regulations as are necessary that Commission; and to his or her knowledge during the course of or appropriate for the protection of utility ‘‘(C) the Federal Trade Commission, to be examination of books, accounts, memoranda, consumers. appointed by the chairman of that Commis- or other records as provided in this section, ‘‘(b) RECOVERY OF COSTS.—Nothing in this sion; and except as may be directed by the Commis- subtitle shall preclude the Commission or a ‘‘(2) 2 advisory members (who shall not sion or by a court of competent jurisdiction. State commission from exercising its juris- vote), of whom— diction under otherwise applicable law to de- ‘‘(A) I shall be appointed by the Secretary ‘‘SEC. 213. STATE ACCESS TO BOOKS AND of Agriculture to represent the Rural Utility RECORDS. termine whether a public utility company, Service; and ‘‘(a) IN GENERAL.—Upon the written re- public utility, or natural gas company may ‘‘(B) 1 shall be appointed by the Chairman quest of a State commission having jurisdic- recover in rates any costs of an activity per- of the Securities and Exchange Commission tion to regulate a public utility company in formed by an associate company, or any to represent that Commission. a holding company system, the holding com- costs of goods or services acquired by such ‘‘(b) STUDY AND REPORT.— pany or any associate company or affiliate public utility company from an associate ‘‘(1) STUDY.—The task force shall perform a company. thereof, other than such public utility com- study and analysis of the protection and pro- pany, wherever located, shall produce for in- ‘‘SEC. 216. APPLICABILITY. motion of competition within the wholesale spection books, accounts, memoranda, and ‘‘Except as otherwise specifically provided and retail market for electric energy in the other records that— in this subtitle, no provision of this subtitle United States. ‘‘(1) have been identified in reasonable de- shall apply to, or be deemed to include— ‘‘(2) REPORT.— tail by the State commission; ‘‘(1) the United States; ‘‘(A) FINAL REPORT.—Not later than 1 year ‘‘(2) the State commission deems are rel- ‘‘(2) a State or any political subdivision of after the effective date of this subtitle, the evant to costs incurred by such public utility a State; task force shall submit a final report of its ‘‘(3) any foreign governmental authority company; and findings under paragraph (1) to the Congress. not operating in the United States; ‘‘(3) are necessary for the effective dis- ‘‘(B) PUBLIC COMMENT.—At least 60 days be- ‘‘(4) any agency, authority, or instrumen- charge of the responsibilities of the State fore submission of a final report to the Con- tality of any entity referred to in paragraph commission with respect to such proceeding. gress under subparagraph (A), the task force (1), (2), or (3); or ‘‘(b) LIMITATION.—Subsection (a) does not shall publish a draft report in the Federal ‘‘(5) any officer, agent, or employee of any apply to any person that is a holding com- Register to provide for public comment. entity referred to in paragraph (1), (2), or (3) pany solely by reason of ownership of one or ‘‘(c) FOCUS.—The study required by this acting as such in the course of his or her offi- more qualifying facilities under the Public section shall examine— cial duty. Utility Regulatory Policies Act of 1978 (16 ‘‘(1) the best means of protecting competi- U.S.C. 2601 et seq.). ‘‘SEC. 217. EFFECT ON OTHER REGULATIONS. tion within the wholesale and retail electric ‘‘(c) CONFIDENTIALITY OF INFORMATION.— ‘‘Nothing in this subtitle precludes the market; The production of books, accounts memo- Commission or a State commission from ex- ‘‘(2) activities within the wholesale and re- randa, and other records under subsection (a) ercising its jurisdiction under otherwise ap- tail electric market that may allow unfair shall be subject to such terms and conditions plicable law to protect utility customers. and unjustified discriminatory and deceptive as may be necessary and appropriate to safe- ‘‘SEC. 218. ENFORCEMENT. practices; guard against unwarranted disclosure to the ‘‘The Commission shall have the same pow- ‘‘(3) activities within the wholesale and re- public of any trade secrets or sensitive com- ers as set forth in sections 306 through 317 of tail electric market, including mergers and mercial information. the Federal Power Act (16 U.S.C. 825e–825p) acquisitions, that deny market access or ‘‘(d) EFFECT ON STATE LAW.—Nothing in to enforce the provisions of this subtitle. suppress competition; this section shall preempt applicable State ‘‘SEC. 219. SAVINGS PROVISIONS. ‘‘(4) cross-subsidization that may occur be- law concerning the provision of books, ac- ‘‘(a) IN GENERAL.—Nothing in this subtitle tween regulated and nonregulated activities; counts, memoranda, and other records, or in prohibits a person from engaging in or con- and any way limit the rights of any State to ob- tinuing to engage in activities or trans- ‘‘(5) the role of State public utility com- tain books, accounts, memoranda, and other actions in which it is legally engaged or au- missions in regulating competition in the records under any other Federal law, con- thorized to engage on the effective date of wholesale and retail electric market. tract, or otherwise. this subtitle. ‘‘(d) CONSULTATION.—In performing the ‘‘(e) COURT JURISDICTION.—Any United ‘‘(b) EFFECT ON OTHER COMMISSION AUTHOR- study required by this section, the task force States district court located in the State in ITY.—Nothing in this subtitle limits the au- shall consult with and solicit comments which the State commission referred to in thority of the Commission under the Federal from its advisory members, the States, rep- subsection (a) is located shall have jurisdic- Power Act (16 U.S.C. 791a et seq.) (including resentatives of the electric power industry, tion to enforce compliance with this section. section 301 of that Act) or the Natural Gas and the public. ‘‘SEC. 214. EXEMPTION AUTHORITY. Act (15 U.S.C. 717 et seq.) (including section ‘‘SEC. 223. GAO STUDY ON IMPLEMENTATION. ‘‘(a) RULEMAKING.—Not later than 90 days 8 of that Act). ‘‘(a) STUDY.—The Comptroller General after the effective date of this subtitle, the ‘‘SEC. 220. IMPLEMENTATION. shall conduct a study of the success of the Commission shall promulgate a final rule to ‘‘Not later than 18 months after the date of Federal Government and the States during exempt from the requirements of section 224 enactment of this subtitle, the Commission the 18-month period following the effective any person that is a holding company, solely shall— date of this subtitle in— with respect to one or more— ‘‘(1) promulgate such regulations as may ‘‘(1) the prevention of anticompetitive ‘‘(1) qualifying facilities under the Public be necessary or appropriate to implement practices and other abuses by public utility Utility Regulatory Policies of Act of 1978 (16 this subtitle (other than section 225); and holding companies, including cross-sub- U.S.C. 2601 et seq.); ‘‘(2) submit to the Congress detailed rec- sidization and other market power abuses; ‘‘(2) exempt wholesale generators; or ommendations on technical and conforming and ‘‘(3) foreign utility companies. amendments to Federal law necessary to ‘‘(2) the promotion of competition and effi- ‘‘(b) OTHER AUTHORITY.—The Commission carry out this subtitle and the amendments cient energy markets to the benefit of con- shall exempt a person or transaction from made by this subtitle. sumers. the requirements of section 224, if, upon ap- ‘‘SEC. 221. TRANSFER OF RESOURCES. ‘‘(b) REPORT TO CONGRESS.—Not earlier plication or upon the motion of the ‘‘All books and records that relate pri- than 18 months after the effective date of Commission— marily to the functions transferred to the this subtitle or later than 24 months after March 14, 2002 CONGRESSIONAL RECORD — SENATE S1951 that effective date, the Comptroller General and fuel efficiency) as the Commission may, (2) in paragraph (2), by striking ‘‘or the shall submit a report to the Congress on the by rule, prescribe.’. Tennessee Valley Authority;’’ and inserting results of the study conducted under sub- ‘‘(2) Section 3(18)(B) of the Federal Power ‘‘the Tennessee Valley Authority, or the Ex- section (a), including probable causes of its Act (16 U.S.C. 796(18)(B)) is amended to read port-Import Bank,’’. findings and recommendations to the Con- as follows: (b) SPECIAL PROVISIONS.—The Inspector gress and the States for any necessary legis- ‘‘(B) ‘qualifying cogeneration facility’ General Act of 1978 is amended— lative changes. means a cogeneration facility that the com- (1) by redesignating section 8I as section 8J ‘‘SEC. 224. EFFECTIVE DATE. mission determines, by rule, meets such re- and inserting after section 8H the following ‘‘This subtitle shall take effect 18 months quirements (including requirements respect- new section: after the date of enactment of this subtitle. ing minimum size, fuel use, and fuel effi- ‘‘§ 8I. Special Provisions Relating to the Ex- ciency) as the Commission may, by rule, pre- ‘‘SEC. 237. AUTHORIZATION OF APPROPRIATIONS. port-Import Bank of the United States scribe.’’. ‘‘There are authorized to be appropriated ‘‘(a) IN GENERAL.—The Inspector General of the Export-Import Bank shall not prevent or such funds as may be necessary to carry out SA 3028. Mr. LOTT proposed an this subtitle. prohibit the Audit Committee from initi- amendment to amendment SA 2917 pro- ‘‘SEC. 225. CONFORMING AMENDMENTS TO THE ating, carrying out, or completing any audit FEDERAL POWER ACT. posed by Mr. DASCHLE (for himself and or investigation or undertaking any other ‘‘(a) Section 318 of the Federal Power Act Mr. BINGAMAN) to the bill (S. 517) to au- activities in the performance of the duties (16 U.S.C. 825q) is repealed. thorize funding the Department of En- and responsibilities of the Audit Committee, ‘‘(b) Section 201(g) of the Federal Power ergy to enhance its mission areas including auditing the financial statements Act (16 U.S.C. 824(g)) is amended by striking through technology transfer and part- of the Export-Import Bank, determining ‘‘1935’’ and inserting ‘‘2002’’. nerships for fiscal years 2002 through when it is appropriate to use independent ex- ‘‘(c) Section 214 of the Federal Power Act 2006, and for other purposes; as follows: ternal auditors, and selecting independent (16 U.S.C. 824m) is amended by striking external auditors. In carrying out the duties ‘‘1935’’ and inserting ‘‘2002’’. At the appropriate place, add the fol- and responsibilities of Inspector General, the lowing: ‘‘Subtitle C—Amendments to the Public Inspector General of the Export-Import Bank Utility Regulatory Policies Act of 1978 ‘‘SEC. . FAIR TREATMENT OF PRESIDENTIAL JU- shall not be prevented or prohibited from ini- DICIAL NOMINEES. tiating, carrying out, or completing any ‘‘SEC. 244. COGENERATION AND SMALL POWER (a) FINDINGS.—The Senate finds that— audit or investigation, or from issuing any PRODUCTION PURCHASE AND SALE (1) The Senate Judiciary Committee’s pace REQUIREMENTS. subpoena during the course of any audit or in acting on judicial nominees thus far in investigation. The Audit Committee shall ‘‘(a) TERMINATION OF MANDATORY PURCHASE this Congress has caused the number of AND SALE REQUIREMENTS.—Section 210 of the make available to the Inspector General of judges confirmed by the Senate to fall below the Export-Import Bank the reports of all Public Utility Regulatory Policies Act of the number of judges who have retired dur- 1978 (16 U.S.C. 824a–3) is amended by adding audits the Committee undertakes in the dis- ing the same period, such that the 67 judicial charge of its duties and responsibilities. at the end the following: vacancies that existed when Congress ad- ‘‘(m) TERMINATION OF MANDATORY PUR- ‘‘(b) AUDIT COMMITTEE.—For purposes of journed under President Clinton’s last term this section, the term ‘Audit Committee’ CHASE AND SALE REQUIREMENTS.— in office in 2000 have now grown to 96 judicial ‘‘(1) IN GENERAL.—After the date of enact- means the Audit Committee of the Board of vacancies, which represents an increase from Directors of the Export-Import Bank or any ment of this subsection, no electric utility 7.9 percent to 11 percent in the total number shall be required to enter into a new con- successor thereof.’’; of Federal judgeships that are currently va- (2) in section 8J (as redesignated), by strik- tract or obligation to purchase or sell elec- cant; tric energy under this section. ing ‘‘or 8H of this Act’’ and inserting ‘‘8H, or (2) thirty one of the 96 current judicial va- 8I of this Act’’. ‘‘(2) NO EFFECT ON EXISTING RIGHTS AND cancies are on the United States Courts of REMEDIES.—Nothing in this subsection af- (c) EXECUTIVE LEVEL IV.—Section 5315 of Appeals, representing a 17.3 percent vacancy title 5, United States Code, is amended by in- fects the rights or remedies of any party rate for such seats; with respect to the purchase or sale of elec- serting after the item relating to the Inspec- (3) seventeen of the 31 vacancies on the tor General of the Environmental Protection tric energy or capacity from or to a facility Courts of Appeals have been declared ‘‘judi- under this section under any contract or ob- Agency the following: cial emergencies’’ by the Administrative Of- ‘‘Inspector General, Export-Import Bank.’’. ligation to purchase or to sell electric en- fice of the U.S. Courts; ergy or capacity on the date of enactment of (d) INITIAL IMPLEMENTATION.—Section (4) during the first 2 years of President 9(a)(2) of the Inspector General Act of 1978 is this subsection, including— Reagan’s first term, 19 of the 20 circuit court ‘‘(A) the right to recover costs of pur- amended by inserting ‘‘to the Office of the nominations that he submitted to the Senate Inspector General,’’ after ‘‘(2)’’. chasing such electric energy or capacity; and were confirmed; and during the first 2 years (B) in States without competition for re- (e) TECHNICAL CORRECTIONS.—Section 11 of of President George H. W. Bush’s term, 22 of the Inspector General Act of 1978 is tail electric supply, the obligation of a util- the 23 circuit court nominations that he sub- ity to provide, at just and reasonable rates amended— mitted to the Senate were confirmed; and (1) in paragraph (1)— for consumption by a qualifying small power during the first 2 years of President Clin- production facility or a qualifying cogenera- (A) by striking the second semicolon after ton’s first term, 19 of the 22 circuit court ‘‘Community Service’’; tion facility, backup, standby, and mainte- nominations that he submitted to the Senate nance power. (B) by striking ‘‘and’’ after ‘‘Financial In- were confirmed; and stitutions Fund;’’; and ‘‘(3) RECOVERY OF COSTS.— (5) only 7 of President George W. Bush’s 29 (C) by striking ‘‘and’’ after ‘‘Trust Cor- ‘‘(A) REGULATION.—To ensure recovery by circuit court nominees have been confirmed an electric utility that purchases electric en- poration;’’; and to date, representing just 24 percent of such (2) in paragraph (2), by striking the second ergy or capacity from a qualifying facility nominations submitted to the Senate. pursuant to any legally enforceable obliga- comma after ‘‘Community Service’’. (b) SENSE OF THE SENATE.—It is the Sense (f) EFFECTIVE DATE.—The amendments tion entered into or imposed under this sec- of the Senate that, in the interests of the ad- made by this section shall take effect on Oc- tion before the date of enactment of this sub- ministration of justice, the Senate Judiciary tober 1, 2002. section, of all prudently incurred costs asso- Committee shall hold hearings on the nomi- ciated with the purchases, the Commission nees submitted by the President on May 9, SA 3030. Mr. SCHUMER submitted an shall issue and enforce such regulations as 2001, by May 9, 2002. may be required to ensure that the electric amendment intended to be proposed to amendment SA 2917 proposed by Mr. utility shall collect the prudently incurred SA 3029. Mr. REID (for Mr. ALLARD) DASCHLE (for himself and Mr. BINGA- costs associated with such purchases. proposed an amendment to the bill S. ‘‘(B) ENFORCEMENT.—A regulation under MAN) to the bill (S. 517) to authorize 1372, to reauthorize the Export-Import subparagraph (A) shall be enforceable in ac- funding the Department of Energy to Bank of the United States; as follows: cordance with the provisions of law applica- enhance its mission areas through ble to enforcement of regulations under the At the end of the bill, add the following: technology transfer and partnerhships Federal Power Act (16 U.S.C. 791a et seq.).’ SEC. 7. INSPECTOR GENERAL OF THE EXPORT-IM- for fiscal years 2002 through 2006, and ‘‘(b) ELIMINATION OF OWNERSHIP LIMITA- PORT BANK. TION.— (a) ESTABLISHMENT OF POSITION.—Section for other purposes; which was ordered ‘‘(1) Section 3(17)(C) of the Federal Power 11 of the Inspector General Act of 1978 (5 to lie on the table; as follows: Act (16 U.S.C. 796(17)(C)) is amended to read U.S.C. App.) is amended— Beginning on page 186, strike line 9 and all as follows; (1) in paragraph (1), by striking ‘‘or the that follows through page 205, line 8. ‘‘(C) ‘qualifying small power production fa- Board of Directors of the Tennessee Valley On page 236, strike lines 7 through 9 and in- cility’ means a small power production facil- Authority;’’ and inserting ‘‘the Board of Di- sert the following: ity that the commission determines, by rule, rectors of the Tennessee Valley Authority; is amended— meets such requirements (including require- or the President of the Export-Import (1) by redesignating subsection (o) as sub- ments respecting minimum size, fuel use, Bank;’’; and section (p); and S1952 CONGRESSIONAL RECORD — SENATE March 14, 2002 (2) by inserting after subsection (n) the fol- Foreign Relations be authorized to ern District of Texas; and Michael Tay- lowing: meet during the session of the Senate lor Shelby for the Southern District of ‘‘(o) ANALYSES OF MOTOR VEHICLE FUEL on Thursday, March 14, 2002, at 2 p.m., Texas. CHANGES.— to hold a nomination hearing. To be United States Marshal: Don f Slazinik for the Southern District of Il- AUTHORITY FOR COMMITTEES TO Agenda linois and Kim Richard Widup for the MEET Nominees: The Honorable Richard M. Northern District of Illinois. Miles, of South Carolina, to be Ambas- COMMITTEE ON ARMED SERVICES II. Bills sador to Georgia; the Honorable James Mr. REID. Mr. President, I ask unan- S. 1356, The Wartime Treatment of imous consent that the Committee on W. Pardew, of Arkansas, to be Ambas- sador to the Republic of Bulgaria; Mr. European Americans and Refugees Armed Services be authorized to meet Study Act. [Feingold/Grassley/Ken- during the session of the Senate on Peter Terpeluk, Jr., of Pennsylvania, to be Ambassador to Luxembourg; and nedy] Thursday, March 14, 2002, at 9:30 a.m., S. 924, Providing Reliable Officers, in open session to receive testimony on Mr. Lawrence E. Butler, of Maine, to be Ambassador to The Former Yugoslav Technology, Education, Community the atomic energy defense activities of Prosecutors, and Training In Our the Department of Energy, in review of Republic Macedonia. The PRESIDING OFFICER. Without Neighborhoods (PROTECTION) Act of the Defense authorization request for 2001. [Biden-Specter] fiscal year 2003. objection, it is so ordered. The PRESIDING OFFICER. Without COMMITTEE ON HEALTH, EDUCATION, LABOR, III. Resolutions objection, it is so ordered. AND PENSIONS S. Res. 207, A Resolution to Des- COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. REID. Mr. President, I ask unan- ignate March 31, 2002 as ‘‘National Ci- AFFAIRS imous consent that the Committee on vilian Conservation Corps Day’’ [Binga- Mr. REID. Mr. President, I ask unan- Health, Education, Labor, and Pen- man] imous consent that the Committee on sions be authorized to meet for a hear- S. Res. 206, A resolution designating Banking, Housing, and Urban Affairs ing on ‘‘The Future of American Steel: the week of March 17 through March be authorized to meet during the ses- Ensuring the Viability of the Industry 23, 2002 as ‘‘National Inhalants and Poi- sion of the Senate on Thursday, March and the Health Care and Retirement son Prevention Week’’. [Murkowski] 14, 2002, at 10 a.m., to conduct an over- Security for Its Workers,’’ during the S. Res. 221, A resolution to com- sight hearing on ‘‘Accounting and In- session of the Senate on Thursday, memorate and acknowledge the dedica- vestor Protection Issues Raised by March 14, 2002, at 2:30 p.m. tion and sacrifice made by the men and Enron and Other Public Companies: The PRESIDING OFFICER. Without women who have lost their lives while Oversight of the Accounting Profes- objection, it is so ordered. serving as law enforcement officers. sion, Audit Quality and Independence, COMMITTEE ON INDIAN AFFAIRS [Campbell] and Formulation of Accounting Prin- Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without ciples.’’ imous consent that the Committee on objection, it is so ordered. The PRESIDING OFFICER. Without COMMITTEE ON VETERAN’S AFFAIRS objection, it is so ordered. Indian Affairs be authorized to meet on Thursday, March 14, 2002, at 10 a.m., in Mr. REID. Mr. President, I ask unan- COMMITTEE ON BANKING, HOUSING, AND URBAN imous consent that the Committee on AFFAIRS room 485 of the Russell Senate Office Building to conduct on oversight hear- Veterans’ Affairs be authorized to meet Mr. REID. Mr. President, I ask unan- during the session of the Senate on imous consent that the Committee on ing on the President’s budget request for Indian programs for fiscal year 2003. Thursday, March 14, 2002, at 10 a.m., for Banking, Housing, and Urban Affairs a joint hearing with the House of Rep- be authorized to meet during the ses- The PRESIDING OFFICER. Without objection, it is so ordered. resentatives’ Committee on Veterans sion of the Senate on Thursday, March Affairs, to hear the legislative presen- COMMITTEE ON THE JUDICIARY 14, 2002, at 3 p.m., to conduct a hearing tations of the Gold Star Wives of on the nominations of the Honorable Mr. REID. Mr. President, I ask unan- America, the Fleet Reserve Associa- Joann Johnson, of Iowa, to be a mem- imous consent that the Committee on tion, the Air Force Sergeants Associa- ber of the National Credit Union Ad- the Judiciary be authorized to meet to tion, and the Retired Enlisted Associa- ministration Board; and Ms. Deborah conduct a hearing on ‘‘Competition, In- tion. The hearing will take place in Matz, of New York, to be a member of novation, and Public Policy in the Dig- room 345 of the Cannon House Office the National Credit Union Administra- ital Age: Is the Marketplace Working tion Board. Building. To Protect Digital Creative Works?’’ I also ask unanimous consent that The PRESIDING OFFICER. Without on Thursday, March 14, 2002, in Dirksen objection, it is so ordered. the Committee on Veterans’ Affairs be room 106, at 10 a.m. authorized to meet during the session COMMITTEE ON COMMERCE, SCIENCE, AND Witness List: Mr. Richard D. Parsons, of the Senate on Thursday, March 14, TRANSPORTATION CEO Designate, AOL Time Warner, 2002, at 2 p.m., for a hearing on the Mr. REID. Mr. President, I ask unan- Inc.; Dr. Craig R. Barrett, President nominations of Robert H. Roswell to be imous consent that the Committee on and CEO, Intel Corporation; Mr. Jona- Under Secretary for Health of the De- Commerce, Science, and Transpor- than Taplin, CEO, Intertainer; Mr. Joe partment Veterans Affairs and Daniel tation be authorized to meet on S. 1991, Kraus, Founder, Excite.com and L. Cooper to be Under Secretary for National Defense Interstate Rail Act DigitalConsumer.org; and Mr. Justin Benefits of the Department of Veterans on Thursday, March 14, 2002, at 9:30 Hughes, Professor, UCLA Law School. Affairs. The hearing will take place in a.m. The PRESIDING OFFICER. Without room 418 of the Russell Senate Office The PRESIDING OFFICER. Without objection, it is so ordered. objection, it is so ordered. Building. COMMITTEE ON THE JUDICIARY COMMITTEE ON FINANCE The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- objection, it is so ordered. imous consent that the Committee on imous consent that the Committee on SPECIAL COMMITTEE ON AGING Finance be authorized to meet during the Judiciary be authorized to meet to Mr. REID. Mr. President, I ask unan- the session of the Senate on Thursday, conduct a markup on Thursday, March imous consent that the Special Com- March 14, 2002, at 10 a.m., to hear testi- 14, 2002, at 2 p.m., in Dirksen Room 106. mittee on Aging be authorized to meet mony on ‘‘Reimbursement and Access Tentative Agenda on Thursday, March 14, 2002, from 9:30 to Prescription Drugs Under Medicare a.m.-12 p.m. in Dirksen 628 for the pur- Part B.’’ I. Nominations pose of conducting a hearing. The PRESIDING OFFICER. Without Charles W. Pickering, Sr. to be U.S. The PRESIDING OFFICER. Without objection, it is so ordered. Circuit Court Judge for the 5th Circuit. objection, it is so ordered. COMMITTEE ON FOREIGN RELATIONS To be United States Attorney: Jane SUBCOMMITTEE ON AIRLAND Mr. REID. Mr. President, I ask unan- J. Boyle for the Northern District of Mr. REID. Mr. President, I ask unan- imous consent that the Committee on Texas; Matthew D. Orwig for the East- imous consent that the Subcommittee March 14, 2002 CONGRESSIONAL RECORD — SENATE S1953 on Airland of the Committee on Armed black colleges and universities nation- SEC. 3. PRIVATE SCHOOL PROGRAM. Services be authorized to meet during wide to participate in the tuition as- Section 5(c)(1)(B) of the District of Columbia the session of the Senate on Thursday, sistance programs under such Act, and College Access Act of 1999 (sec. 38–2704(c)(1)(B), March 14, 2002, at 2:30 p.m. in open ses- for other purposes. D.C. Official Code) is amended by striking ‘‘the main campus of which is located in the State of sion to receive testimony on Army The PRESIDING OFFICER laid be- Maryland or the Commonwealth of Virginia’’. Modernization and Transformation, in fore the Senate the following message SEC. 4. GENERAL REQUIREMENTS. review of the Defense authorization re- from the House of Representatives: Section 6 of the District of Columbia College quest for fiscal year 2003. Resolved, That the House agree to the Access Act of 1999 (sec. 38–2705, D.C. Official The PRESIDING OFFICER. Without amendment of the Senate to the title and Code) is amended— objection, it is so ordered. agree to the amendment of the Senate to the (1) by striking subsection (b) and inserting the text to the bill (H.R. 1499) entitled ‘‘An Act following: f to amend the District of Columbia College ‘‘(b) ADMINISTRATIVE EXPENSES.— PRIVILEGES OF THE FLOOR Access Act of 1999 to permit individuals who ‘‘(1) IN GENERAL.—The Mayor of the District graduated from a secondary school prior to of Columbia may not use more than 7 percent of Mr. THOMAS. Madam President, I 1998 and individuals who enroll in an institu- the total amount of Federal funds appropriated ask unanimous consent that an intern tion of higher education more than 3 years for the program, retroactive to the date of enact- from our office, Steve Ripley, be grant- after graduating from a secondary school to ment of this Act (the District of Columbia Col- ed the privilege of the floor for today. participate in the tuition assistance pro- lege Access Act of 1999), for the administrative The ACTING PRESIDENT pro tem- grams under such Act, and for other pur- expenses of the program. ‘‘(2) DEFINITION.—In this subsection, the term pore. Without objection, it is so or- poses’’, with the following House amendment to Senate amendments: ‘administrative expenses’ means any expenses dered. In lieu of the matter proposed to be in- that are not directly used to pay the cost of tui- Mr. DAYTON. Mr. President, I ask serted by the amendment of the Senate, in- tion and fees for eligible students to attend eligi- unanimous consent that my staff, Jen- sert the following: ble institutions.’’; nifer Havrish, be granted the privilege SECTION 1. SHORT TITLE. (2) by redesignating subsections (e) and (f) as of the floor during consideration of This Act may be cited as the ‘‘District of Co- subsections (f) and (g); amendment No. 3008. lumbia College Access Improvement Act of (3) by inserting after subsection (d) the fol- The PRESIDING OFFICER. Without 2002’’. lowing: ‘‘(e) LOCAL FUNDS.—It is the sense of Con- SEC. 2. PUBLIC SCHOOL PROGRAM. objection, it is so ordered. gress that the District of Columbia may appro- Section 3(c)(2) of the District of Columbia Col- Mr. WYDEN. Mr. President, I also priate such local funds as necessary for the pro- lege Access Act of 1999 (sec. 38–2702(c)(2), D.C. ask unanimous consent that Cindy grams under sections 3 and 5.’’; and Bethell, a fellow in my office, to be Official Code) is amended by striking subpara- (4) by adding at the end the following: graphs (A) through (C) and inserting the fol- ‘‘(h) DEDICATED ACCOUNT FOR PROGRAMS.— granted access to the Senate floor for lowing: the consideration of the energy bill. ‘‘(1) ESTABLISHMENT.—The District of Colum- ‘‘(A)(i) in the case of an individual who be- bia government shall establish a dedicated ac- The PRESIDING OFFICER. Without gins an undergraduate course of study within 3 count for the programs under sections 3 and 5 objection, it is so ordered. calendar years (excluding any period of service consisting of the following amounts: Mr. DURBIN. Mr. President, I ask on active duty in the armed forces, or service ‘‘(A) The Federal funds appropriated to carry unanimous consent that floor privi- under the Peace Corps Act (22 U.S.C. 2501 et out such programs under this Act or any other leges be granted to Christopher Reed, a seq.) or subtitle D of title I of the National and Act. Community Service Act of 1990 (42 U.S.C. 12571 detailee of the Justice Department to ‘‘(B) Any District of Columbia funds appro- et seq.)) of graduation from a secondary school, priated by the District of Columbia to carry out my Judiciary Committee staff. or obtaining the recognized equivalent of a sec- The PRESIDING OFFICER. Without such programs. ondary school diploma, was domiciled in the ‘‘(C) Any unobligated balances in amounts objection, it is so ordered. District of Columbia for not less than the 12 made available for such programs in previous f consecutive months preceding the commence- fiscal years. ment of the freshman year at an institution of ‘‘(D) Interest earned on balances of the dedi- JOINT REFERRAL OF S. 2018 higher education; cated account. ‘‘(ii) in the case of an individual who grad- ‘‘(2) USE OF FUNDS.—Amounts in the dedi- Mr. REID. Mr. President, I ask unan- uated from a secondary school or received the imous consent that S. 2018, the T’uf cated account shall be used solely to carry out recognized equivalent of a secondary school di- the programs under sections 3 and 5.’’. Sur Bein Preservation Trust Area Act, ploma before January 1, 1998, and is currently SEC. 5. CONTINUATION OF CURRENT AGGREGATE be jointly referred to the Committee enrolled at an eligible institution as of the date LEVEL OF AUTHORIZATION OF AP- on Energy and Natural Resources and of enactment of the District of Columbia College PROPRIATIONS. Indian Affairs; that if one committee Access Improvement Act of 2002, was domiciled (a) IN GENERAL.—The District of Columbia reports the bill, the other committee in the District of Columbia for not less than the College Access Act of 1999 (sec. 38–2701 et seq., have 20 calendar days for review, ex- 12 consecutive months preceding the commence- D.C. Official Code) is amended by adding at the ment of the freshman year at an institution of end the following new section: cluding any period where the Senate is higher education; or not in session for more than 3 days; ‘‘SEC. 7. LIMIT ON AGGREGATE AMOUNT OF FED- ‘‘(iii) in the case of any other individual and ERAL FUNDS FOR PUBLIC SCHOOL provided further that if the second an individual re-enrolling after more than a 3– AND PRIVATE SCHOOL PROGRAMS. committee fails to report the measure year break in the individual’s post-secondary ‘‘The aggregate amount authorized to be ap- within a 20-day period, then that com- education, has been domiciled in the District of propriated to the District of Columbia for the mittee is automatically discharged and Columbia for at least 5 consecutive years at the programs under sections 3 and 5 for any fiscal the measure is placed on the Senate date of application; year may not exceed— ‘‘(B)(i) graduated from a secondary school or ‘‘(1) $17,000,000, in the case of the aggregate Calendar. received the recognized equivalent of a sec- The PRESIDING OFFICER. Without amount for fiscal year 2003; ondary school diploma on or after January 1, ‘‘(2) $17,000,000, in the case of the aggregate objection, it is so ordered. 1998; amount for fiscal year 2004; or f ‘‘(ii) in the case of an individual who did not ‘‘(3) $17,000,000, in the case of the aggregate graduate from a secondary school or receive a amount for fiscal year 2005.’’. DISTRICT OF COLUMBIA COLLEGE recognized equivalent of a secondary school di- (b) CONFORMING AMENDMENTS.— ACCESS IMPROVEMENT ACT OF ploma, is accepted for enrollment as a freshman (1) PUBLIC SCHOOL PROGRAM.—Section 3(i) of 2002 at an eligible institution on or after January 1, such Act (sec. 38–2702(i), D.C. Official Code) is 2002; or amended by striking ‘‘and such sums’’ and in- Mr. REID. Mr. President, I ask the ‘‘(iii) in the case of an individual who grad- serting ‘‘and (subject to section 7) such sums’’. Chair lay before the Senate a message uated from a secondary school or received the (2) PRIVATE SCHOOL PROGRAM.—Section 5(f) of from the House of Representatives on recognized equivalent of a secondary school di- such Act (sec. 38–2704(f), D.C. Official Code) is the bill (H.R. 1499) to amend the Dis- ploma before January 1, 1998, is currently en- amended by striking ‘‘and such sums’’ and in- trict of Columbia College Access Act of rolled at an eligible institution as of the date of serting ‘‘and (subject to section 7) such sums’’. 1999 to permit individuals who enroll in enactment of the District of Columbia College Mr. REID. Mr. President, I ask unan- Access Improvement Act of 2002; an institution of higher education ‘‘(C) meets the citizenship and immigration imous consent that the Senate concur more than 3 years after graduating status requirements described in section in the House amendment to the Senate from a secondary school and individ- 484(a)(5) of the Higher Education Act of 1965 (20 amendments, and that the motion to uals who attend private historically U.S.C. 1091(a)(5));’’. reconsider be laid on the table. S1954 CONGRESSIONAL RECORD — SENATE March 14, 2002 The PRESIDING OFFICER. Without compete in international markets. In falls in the first year of a President’s objection, it is so ordered. order to ensure that the Ex-Im Bank term, it runs the risk that a new Presi- f will be able to continue to function dent will be taking office, as occurred until this reauthorization bill is en- last year. In that case, a new Adminis- EXTENDING AUTHORITY OF acted, I am also seeking consent today tration must struggle not only to put EXPORT-IMPORT BANK on a short-term extension of the au- in place a new Chairman of the Ex-Im Mr. REID. Mr. President, I ask unan- thorization of the Ex-Im Bank until Bank but also cope with providing imous consent that the Senate now April 30, 2002. leadership for the reauthorization of proceed to S. 2019 introduced earlier In my view, there are two compelling the Ex-Im Bank as well. The Banking today by Senator SARBANES. market-based reasons for the existence Committee believed that it makes The PRESIDING OFFICER. The of the Ex-Im Bank. First, the Ex-Im more sense to put the reauthorization clerk will report the bill by title. Bank has a critical role to play in lev- of the Ex-Im Bank in the second year The legislative clerk read as follows: eling the playing field for U.S. export- of a President’s term to assure that a A bill (S. 2019) to extend the authority of ers by matching the public financing new Ex-Im Bank Chairman has been the Export-Import Bank until April 30, 2002. made available by foreign govern- put in place and has been on the job There being no objection, the Senate ments. In addition, the Ex-Im Bank with sufficient time to provide leader- proceeded to consider the bill. provides leverage to U.S. negotiators ship for the reauthorization of the Mr. REID. Mr. President, I ask unan- seeking to achieve international agree- Bank. imous consent that the bill be read ments to limit the use of government The second issue addressed in the leg- three times, passed, and the motion to export subsidies. U.S. exporters are islation is the competitive challenge to reconsider be laid on the table, without able to compete effectively in inter- the Ex-Im Bank posed by foreign mar- intervening action or debate. national markets on the basis of price ket windows. In hearings held in the The PRESIDING OFFICER. Without and quality. When foreign governments International Trade and Finance Sub- objection, it is so ordered. provide subsidized financing for their committee last year, witnesses from The bill (S. 2019) was read the third exporters, U.S. exporters are placed at industry, academia, and the Adminis- time and passed, as follows: a competitive disadvantage. tration commented on the growing Second, emerging market economies challenges to U.S. exporters posed by S. 2019 can pose credit risks of such magnitude foreign market windows. Be it enacted by the Senate and House of Rep- that commercial banks are reluctant Market windows are government- resentatives of the United States of America in to finance U.S. exports to those coun- sponsored enterprises (for example, Congress assembled, tries even though they may present ex- government owned or directed finan- SECTION 1. EXTENSION OF EXPORT-IMPORT cial institutions) which provide export BANK. traordinary opportunities for U.S. ex- Notwithstanding the dates specified in sec- porters. The Ex-Im Bank has the dif- financing at below market rates. How- tion 7 of the Export-Import Bank Act of 1945 ficult but important task of weighing ever, the foreign governments—notably (12 U.S.C. 635f) and section 1(c) of Public Law the project in light of the country risk Germany and Canada—which support 103–428, the Export-Import Bank of the rating and determining if a guarantee them claim that these enterprises are United States shall continue to exercise its should be provided for a commercial not official export credit agencies, and functions in connection with and in further- export loan that would make possible thus not subject to the disciplines of ance of its objects and purposes through an export deal that otherwise would the OECD Arrangement. Currently, April 30, 2002. not occur. two government entities operate very f For these reasons, the Export-Import active market windows. They are the EXPORT-IMPORT BANK Bank has traditionally enjoyed strong German market window KfW and the REAUTHORIZATION ACT OF 2001 bipartisan support in the Congress. Canadian market window, the Export That support is reflected in the unani- Development Corporation (EDC). The Mr. REID. Mr. President, I ask unan- mous 21–0 vote in the Banking Com- result is that these foreign market imous consent that the Senate now mittee in support of this legislation. I windows can provide subsidized export proceed to Calendar No. 141, S. 1372, the would like to thank Senator BAYH, financing outside the OECD Arrange- Export-Import Bank reauthorization. Chairman of the International Trade ment and give their exporters a com- The PRESIDING OFFICER. The and Finance Subcommittee, and Sen- petitive advantage over U.S. exporters. clerk will report the bill by title. ator HAGEL, the Ranking Member of Also, because these foreign market The legislative clerk read as follows: the Subcommittee, for their strong windows are not subject to the OECD A bill (S. 1372) to reauthorize the Export- support and leadership on this legisla- disciplines, there is often a trans- Import Bank of the United States. tion. I would also like to thank Sen- parency problem—it is difficult to find There being no objection, the Senate ator GRAMM, the Ranking Member of out the terms of the financing they proceeded to consider the bill. the Banking Committee, for his co- provide. Mr. SARBANES. Mr. President, I rise operation in moving this important The Ex-Im Bank Act currently au- in support of S. 1372, the Export-Import legislation forward. thorizes the Ex-Im Bank to ‘‘provide Bank Reauthorization Act. This legis- There are four key issues addressed guarantees, insurance, and extensions lation, which was reported out of the in this legislation: the term of the re- of credit at rates and on terms and Committee on Banking, Housing, and authorization of the Ex-Im Bank; the other conditions which are fully com- Urban Affairs by a 21–0 vote, would re- competitive challenge posed to the petitive with the Government-sup- authorize the Export-Import Bank Bank by foreign market windows; Ex- ported rates and terms and other con- through September 30, 2006. Im Bank financing for small business; ditions available for the financing of The Export-Import Bank of the and the collection of information on exports of goods and services from the United States was created in 1934 and the activities of foreign export credit principal countries whose exporters established under its present law in agencies as part of the Ex-Im Bank’s compete with the United States.’’ 1945 to aid in financing and promoting annual report. Following is a brief dis- Since market windows are government- U.S. exports. The Bank operates under cussion of these issues, as well as a dis- supported entities, the Ex-Im Bank a renewable charter, the Export-Import cussion of an amendment that will be views its current statute as providing Bank Act of 1945, and was last author- offered on the floor by Senator ALLARD Ex-Im Bank authority to match win- ized in 1997 through September 30, 2001. to establish an Inspector General for dows financing (but not to create its A short-term extension through March the Eximbank. own market windows institutions). The 31, 2002 was contained in the Foreign The legislation intentionally pro- Bank Committee agreed with that Operations Appropriations bill enacted vided an authorization until September view. However, the Banking Committee last year. It is thus urgent for the Con- 30, 2006 in order to take the reauthor- believed it would be helpful to make gress to act on this reauthorization in ization of the Ex-Im Bank out of the this authority explicit so as to remove order for the Eximbank to remain open Presidential election cycle. When the any question about Ex-Im Bank’s au- and able to assist U.S. exporters to reauthorization of the Ex-Im Bank thority and also to send a message to March 14, 2002 CONGRESSIONAL RECORD — SENATE S1955 the foreign market windows of U.S. supported by Ex-Im Bank. In FY 1999 very balanced piece of legislation concern about their operations. these numbers were 16 percent and 86 which will assure that the Export-Im- As a result, the legislation contains percent respectively. In FY 1998 they port Bank will be able to continue to two provisions which address market were 21 percent and 85 percent respec- provide critically needed export financ- windows. The first provision directs tively. ing to U.S. exporters to compete in for- the executive branch to seek increased The Banking Committee believed eign markets. I urge my colleagues to transparency over the activities of that the requirement for Ex-Im Bank support this legislation. market windows in the OECD Export small business financing could reason- Mr. BAYH. Mr. President, I rise Credit Arrangement. If it is determined ably be raised to a level of 18 percent today to offer my support for the char- that market windows are without causing disruption to Ex-Im ter reauthorization of the Export-Im- disadvantaging U.S. exporters, the U.S. Bank’s lending programs. Ex-Im Bank port Bank of the United States. The would be directed to seek negotiations remains free to go above this level, as Ex-Im Bank was last reauthorized in in the OECD for multilateral dis- it has in the past, but the Committee 1997, and its charter expired in Sep- ciplines and transparency for market was concerned the requiring a higher tember of last year. windows. level could have the unwanted effect of As Chairman of the Subcommittee on The second provision authorizes the tying up available Ex-Im Bank re- International Trade and Finance, I Ex-Im Bank to provide financing on sources if the Ex-Im Bank could not held two hearings last year in order to terms and conditions that are incon- achieve higher levels of small business craft a bipartisan reauthorization bill sistent with those permitted under the financing in a given year. that is both helpful to the Bank and to OECD Export Credit Arrangement to The legislation makes a number of the export community. The present match financing terms and conditions changes to Ex-Im Bank reporting re- bill, which authorizes the Ex-Im Bank that are being offered by market win- quirements to ensure more timely and for 5 years, includes a number of im- dows if such matching advances nego- complete reporting of the activities of portant provisions that will help make tiations for multilateral disciplines foreign export credit agencies. the Bank more competitive with other The legislation requires the Ex-Im export credit agencies. and transparency within the OECD, or Bank to submit its annual competitive- Among other provisions, this bill re- when market windows financing is ness report to Congress not later than quires Ex-Im to submit its Competi- being offered on terms that are more June 30 of each year. Currently, the an- tiveness Report to the Banking Com- favorable than available from private nual competitiveness report comes to mittee by June 30 of each year. It will financial markets. Ex-Im Bank could Congress in late summer/early autumn, be more helpful to the Committee to also match market window financing too late to be used for any oversight or receive that report earlier in order to when the market window refuses to legislation in any given year. Also, be able to use its information during provide sufficient transparency to per- with the current submission date, the the reauthorization. The bill also re- mit Ex-Im Bank to determine the Advisory Committee’s annual rec- quires Ex-Im to compile and analyze terms and conditions of the market ommendations, completed in December data regarding market windows and window financing. The Banking Com- each year, are 8 to 9 months old. Fi- their effects on the Bank’s competi- mittee understood that Ex-Im Bank nally, by moving the reporting date to tiveness for the annual Competitive- has the authority to match market June 30, the Ex-Im Bank will have ness Report. This will give the Com- windows financing that is consistent ample time to include data on other ex- mittee a clearer understanding of the with the terms of the OECD Arrange- port credit agencies, in light of the fact amount of market window activity ment. that the Berne Union reports on global taking place around the world. Finally, In addition, the Banking Committee export credit agency activity come in the bill requires the Bank to estimate held the view that increased informa- 45 days after the close of each quarter. the annual amount of export financing tion was needed on the activities of for- As previously mentioned, the legisla- available from the government and eign market windows. As a result, the tion also specifies that the Bank’s an- government-related agencies and to in- bill specifies that the Bank’s annual re- nual competitiveness report to Con- clude that information in Ex-Im’s Com- port to Congress on export credit com- gress should include information on ex- petitiveness Report. This provision petition should include information on port financing available to foreign would essentially require Ex-Im to export financing available to foreign competitors through market windows. rank itself against other export credit competitors through market windows. The legislation also requires the Ex-Im agencies. The Banking Committee believed Bank to estimate the annual amount of Although the Ex-Im Bank has played that it was very important to make export financing available from the an important role in increasing our clear that Eximbank has the authority government and government-related country’s exports, there have been a to match market windows financing in agencies and include that information few instances in which the Bank has order to allow U.S. exporters to com- in Ex-Im’s annual competitiveness re- lent its support to exports that have pete on a level playing field, and to di- port. helped foreign companies who are en- rect the executive branch to seek nego- Finally, during the Banking Com- gaged in dumping products into our do- tiations in the OECD for multilateral mittee markup on the legislation, Sen- mestic market. For this reason, I of- disciplines and transparency for mar- ator Allard offered an amendment that fered an amendment to Bank’s reau- ket windows financing. would have established an Inspector thorization that would prohibit the ex- The third issue is small business fi- General for the Ex-Im Bank. Members tension of a loan or guarantee to any nancing by the Eximbank. The Bank- of the Banking Committee agreed in entity subject to a countervailing or ing Committee has strongly supported principle that Ex-Im Bank could ben- anti-dumping order. I will continue the Ex-Im Bank’s efforts to provide fi- efit from having an Inspector General, working with Senators SARBANES, nancing for small business. The Ex-Im but concerns were raised about how an DODD, GRAMM, and HAGEL to develop a Bank Act currently requires that ‘‘the Inspector General provision should be compromise version of my amendment Bank shall make available, from the structured. Senator Allard withdrew that will improve the Ex-Im Bank’s ad- aggregate loan, guarantee, and insur- his amendment with the understanding verse economic impact standards. ance authority available to it, an that an effort would be made to reach I understand that some people who amount to finance exports directly by an agreement so that this issue could favor a pure model of economics would small business concerns which shall be addressed on the Senate floor. An view the Export-Import Bank as essen- not be less than 10 percent of such au- agreement has been reached on an tially a subsidy that would be unneces- thority for each fiscal year.’’ amendment by Senator ALLARD, which sary in the give and take of free mar- The legislation increases the require- he will offer on the floor, to establish kets and free economy. My own view is ments to 18 percent. According to the an Inspector General for the Eximbank that while that model has some merit Ex-Im Bank, in FY 2000 small business that is acceptable to the members of in terms of economic theory, we do not comprised 18 percent of the total value the Banking Committee. live in a theoretical world. We live in a of all Ex-Im Bank financing authoriza- I believe that S. 1372, the Export-Im- real world. America is currently suf- tions and 86 percent of all transactions port Bank Reauthorization Act, is a fering from a significant balance of S1956 CONGRESSIONAL RECORD — SENATE March 14, 2002 trade deficit that will undoubtedly ‘‘(b) AUDIT COMMITTEE.—For purposes of hanced transparency over the activities of have an impact on our currency and this section, the term ‘Audit Committee’ market windows in the OECD Export Credit overall economic health in years to means the Audit Committee of the Board of Arrangement. If such transparency indicates come. It is essential that we work to Directors of the Export-Import Bank or any that market windows are disadvantaging successor thereof.’’; United States exporters, the United States provide a level playing field for Amer- (2) in section 8J (as redesignated), by strik- should seek negotiations for multilateral ican companies, particularly at a time ing ‘‘or 8H of this Act’’ and inserting ‘‘8H, or disciplines and transparency within the when many of our foreign competitors 8I of this Act’’. OECD Export Credit Arrangement. receive financial support for their ex- (c) EXECUTIVE LEVEL IV.—Section 5315 of ‘‘(b) AUTHORIZATION.—The Bank is author- ports from their own governments. If title 5, United States Code, is amended by in- ized to provide financing on terms and condi- our competitors offer their exporters serting after the item relating to the Inspec- tions that are inconsistent with those per- assistance, so should we. tor General of the Environmental Protection mitted under the OECD Export Credit Arrangement— Since its creation in 1934, the Export Agency the following: ‘‘Inspector General, Export-Import Bank.’’. ‘‘(1) to match financing terms and condi- Import Bank of America has contrib- (d) INITIAL IMPLEMENTATION.—Section tions that are being offered by market win- uted greatly to the welfare and well- 9(a)(2) of the Inspector General Act of 1978 is dows on terms that are inconsistent with being of America’s economy. I hope amended by inserting ‘‘to the Office of the those permitted under the OECD Export that we will allow the Bank to con- Inspector General,’’ after ‘‘(2)’’. Credit Arrangement, if— tinue its function, and I encourage my (e) TECHNICAL CORRECTIONS.—Section 11 of ‘‘(A) matching such terms and conditions colleagues to support reauthorization the Inspector General Act of 1978 is advances the negotiations for multilateral of this important organization. amended— disciplines and transparency within the (1) in paragraph (1)— OECD Export Credit Arrangement; or Mr. REID. Mr. President, I under- (A) by striking the second semicolon after ‘‘(B) transparency verifies that the market stand Senator ALLARD has an amend- ‘‘Community Service’’; window financing is being offered on terms ment at the desk. I ask unanimous con- (B) by striking ‘‘and’’ after ‘‘Financial In- that are more favorable than the terms and sent the amendment be considered and stitutions Fund;’’; and conditions that are available from private fi- agreed to, the motion to reconsider be (C) by striking ‘‘and’’ after ‘‘Trust Cor- nancial markets; and laid on the table; that the bill, as poration;’’; and ‘‘(2) when the foreign government-sup- amended, be read a third time, passed, (2) in paragraph (2), by striking the second ported institution refuses to provide suffi- and the motion to reconsider be laid comma after ‘‘Community Service’’. cient transparency to permit the Bank to (f) EFFECTIVE DATE.—The amendments make a determination under paragraph (1). upon the table, without intervening ac- made by this section shall take effect on Oc- ‘‘(c) DEFINITION.—In this section, the term tion or debate. tober 1, 2002. ‘OECD’ means the Organization for Eco- The PRESIDING OFFICER. Without The bill (S. 1372), as amended, was nomic Cooperation and Development.’’. objection, it is so ordered. read the third time and passed, as fol- SEC. 7. INSPECTOR GENERAL OF THE EXPORT-IM- PORT BANK. The amendment (No. 3029) was agreed lows: to, as follows: (a) ESTABLISHMENT OF POSITION.—Section S. 1372 11 of the Inspector General Act of 1978 (5 (Purpose: To establish an Inspector General U.S.C. App.) is amended— at the Export-Import Bank of the United Be it enacted by the Senate and House of Rep- (1) in paragraph (1), by striking ‘‘or the States) resentatives of the United States of America in Congress assembled, Board of Directors of the Tennessee Valley At the end of the bill, add the following: SECTION 1. SHORT TITLE. Authority;’’ and inserting ‘‘the Board of Di- SEC. 7. INSPECTOR GENERAL OF THE EXPORT-IM- This Act may be cited as the ‘‘Export-Im- rectors of the Tennessee Valley Authority; PORT BANK. port Bank Reauthorization Act of 2001’’. or the President of the Export-Import (a) ESTABLISHMENT OF POSITION.—Section SEC. 2. EXTENSION OF AUTHORITY. Bank;’’; and 11 of the Inspector General Act of 1978 (5 (2) in paragraph (2), by striking ‘‘or the Section 7 of the Export-Import Bank Act of U.S.C. App.) is amended— Tennessee Valley Authority;’’ and inserting 1945 (12 U.S.C. 635f) is amended by striking (1) in paragraph (1), by striking ‘‘or the ‘‘the Tennessee Valley Authority, or the Ex- ‘‘2001’’ and inserting ‘‘2006’’. Board of Directors of the Tennessee Valley port-Import Bank,’’. Authority;’’ and inserting ‘‘the Board of Di- SEC. 3. SUB-SAHARAN AFRICA ADVISORY COM- (b) SPECIAL PROVISIONS.—The Inspector rectors of the Tennessee Valley Authority; MITTEE. General Act of 1978 is amended— or the President of the Export-Import Section 2(b)(9)(B)(iii) of the Export-Import (1) by redesignating section 8I as section 8J Bank;’’; and Bank Act of 1945 (12 U.S.C. 635(b)(9)(B)(iii)) is and inserting after section 8H the following (2) in paragraph (2), by striking ‘‘or the amended to read as follows: new section: Tennessee Valley Authority;’’ and inserting ‘‘(iii) The sub-Saharan Africa advisory committee shall terminate on September 30, ‘‘§ 8I. Special Provisions Relating to the Ex- ‘‘the Tennessee Valley Authority, or the Ex- port-Import Bank of the United States port-Import Bank,’’. 2006.’’. ‘‘(a) IN GENERAL.—The Inspector General of (b) SPECIAL PROVISIONS.—The Inspector SEC. 4. GUARANTEES, INSURANCE, EXTENSION the Export-Import Bank shall not prevent or General Act of 1978 is amended— OF CREDIT. prohibit the Audit Committee from initi- (1) by redesignating section 8I as section 8J Section 2(b)(1)(A) of the Export-Import ating, carrying out, or completing any audit and inserting after section 8H the following Bank Act of 1945 (12 U.S.C. 635(b)(1)(A)) is or investigation or undertaking any other new section: amended— (1) in the fourth sentence, by striking ‘‘on activities in the performance of the duties ‘‘§ 8I. Special Provisions Relating to the Ex- an annual basis’’ and inserting ‘‘not later and responsibilities of the Audit Committee, port-Import Bank of the United States than June 30 each year’’; including auditing the financial statements ‘‘(a) IN GENERAL.—The Inspector General of (2) in the fifth sentence, by inserting ‘‘(in- of the Export-Import Bank, determining the Export-Import Bank shall not prevent or cluding through use of market windows)’’ when it is appropriate to use independent ex- prohibit the Audit Committee from initi- after ‘‘United States exporters’’; and ternal auditors, and selecting independent ating, carrying out, or completing any audit (3) by inserting after the fifth sentence, the external auditors. In carrying out the duties or investigation or undertaking any other following new sentence: ‘‘With respect to the and responsibilities of Inspector General, the activities in the performance of the duties proceeding sentence, the Bank shall use all Inspector General of the Export-Import Bank and responsibilities of the Audit Committee, available information to estimate the annual shall not be prevented or prohibited from ini- including auditing the financial statements amount of export financing available from tiating, carrying out, or completing any of the Export-Import Bank, determining other governments and government-related audit or investigation, or from issuing any when it is appropriate to use independent ex- agencies.’’. subpoena during the course of any audit or ternal auditors, and selecting independent investigation. The Audit Committee shall SEC. 5. FINANCING FOR SMALL BUSINESS. external auditors. In carrying out the duties make available to the Inspector General of Section 2(b)(1)(E)(v) of the Export-Import and responsibilities of Inspector General, the the Export-Import Bank the reports of all Bank Act of 1945 (12 U.S.C. 635(b)(1)(E)(v)) is Inspector General of the Export-Import Bank audits the Committee undertakes in the dis- amended by striking ‘‘10’’ and inserting ‘‘18’’. shall not be prevented or prohibited from ini- charge of its duties and responsibilities. tiating, carrying out, or completing any SEC. 6. MARKET WINDOWS. ‘‘(b) AUDIT COMMITTEE.—For purposes of audit or investigation, or from issuing any The Export-Import Bank Act of 1945 (12 this section, the term ‘Audit Committee’ subpoena during the course of any audit or U.S.C. 635 et seq.) is amended by adding at means the Audit Committee of the Board of investigation. The Audit Committee shall the end the following new section: Directors of the Export-Import Bank or any make available to the Inspector General of ‘‘SEC. 15. MARKET WINDOWS. successor thereof.’’; the Export-Import Bank the reports of all ‘‘(a) ENHANCED TRANSPARENCY.—To ensure (2) in section 8J (as redesignated), by strik- audits the Committee undertakes in the dis- that the Bank financing remains fully com- ing ‘‘or 8H of this Act’’ and inserting ‘‘8H, or charge of its duties and responsibilities. petitive, the United States should seek en- 8I of this Act’’. March 14, 2002 CONGRESSIONAL RECORD — SENATE S1957 (c) EXECUTIVE LEVEL IV.—Section 5315 of session to consider Calendar No. 704, ADJOURNMENT UNTIL 9:15 A.M. title 5, United States Code, is amended by in- and the Senate vote on the nomina- TOMORROW serting after the item relating to the Inspec- tion, without intervening action or de- tor General of the Environmental Protection Mr. REID. Mr. President, if there is Agency the following: bate; further, that it be in order to re- no further business to come before the ‘‘Inspector General, Export-Import Bank.’’. quest the yeas and nays on the nomina- Senate, I ask unanimous consent that (d) INITIAL IMPLEMENTATION.—Section tion at this time. the Senate stand in adjournment under 9(a)(2) of the Inspector General Act of 1978 is The PRESIDING OFFICER. Without the previous order. amended by inserting ‘‘to the Office of the There being no objection, the Senate, Inspector General,’’ after ‘‘(2)’’. objection, it is so ordered. at 8:23 p.m., adjourned until Friday, (e) TECHNICAL CORRECTIONS.—Section 11 of Mr. REID. I therefore ask for the March 15, 2002, at 9:15 a.m. the Inspector General Act of 1978 is yeas and nays. amended— f (1) in paragraph (1)— The PRESIDING OFFICER. Is there a (A) by striking the second semicolon after sufficient second? NOMINATIONS ‘‘Community Service’’; (B) by striking ‘‘and’’ after ‘‘Financial In- There is a sufficient second. Executive nominations received by stitutions Fund;’’; and The yeas and nays were ordered. the Senate March 14, 2002: (C) by striking ‘‘and’’ after ‘‘Trust Cor- DEPARTMENT OF AGRICULTURE Mr. REID. Mr. President, I ask unan- poration;’’; and PHYLLIS K. FONG, OF MARYLAND, TO BE INSPECTOR (2) in paragraph (2), by striking the second imous consent that following the dis- GENERAL, DEPARTMENT OF AGRICULTURE, VICE ROGER comma after ‘‘Community Service’’. position of the nomination, the motion C. VIADERO, RESIGNED. (f) EFFECTIVE DATE.—The amendments to reconsider be laid upon the table, FEDERAL MARITIME COMMISSION made by this section shall take effect on Oc- any statements thereon appear at the STEVEN ROBERT BLUST, OF FLORIDA, TO BE A FED- tober 1, 2002. ERAL MARITIME COMMISSIONER FOR A TERM EXPIRING appropriate place in the RECORD, the JUNE 30, 2006, VICE ANTONY M. MERCK, TERM EXPIRED. f President be immediately notified of DEPARTMENT OF LABOR ORDERS FOR FRIDAY, MARCH 15, the Senate’s action, and the Senate re- W. ROY GRIZZARD, OF VIRGINIA, TO BE AN ASSISTANT 2002 turn to legislative session. SECRETARY OF LABOR, VICE JOHN MARTIN MANLEY, RE- SIGNED. Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without imous consent that when the Senate objection, it is so ordered. NATIONAL FOUNDATION ON THE ARTS AND THE completes its business today, it ad- HUMANITIES Mr. REID. Mr. President, we cer- journ until the hour of 9:15 a.m. tomor- EVELYN DEE POTTER ROSE, OF TEXAS, TO BE A MEM- tainly appreciate you today for being BER OF THE NATIONAL COUNCIL ON THE ARTS FOR A row, Friday, March 15; that following TERM EXPIRING SEPTEMBER 3, 2006, VICE RICHARD J. the prayer and the pledge, the Journal so courteous and patient and waiting STERN, TERM EXPIRED. for everybody to complete their work. CELESTE COLGAN, OF TEXAS, TO BE A MEMBER OF THE of the proceedings be approved to date, NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM the morning hour be deemed to have My only comment is, after all this EXPIRING JANUARY 26, 2008, VICE JOHN N. MOLINE, TERM EXPIRED. expired, the time for the two leaders be debate for several hours today, it is in- WILFRED M. MCCLAY, OF TENNESSEE, TO BE A MEM- reserved for their use later in the day; teresting that tomorrow the Senate BER OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2006, VICE BILL that the Senate proceed to executive will be on a judicial nomination. DUKE. March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E347 EXTENSIONS OF REMARKS

GIRL SCOUTS I have always encouraged students—males, less energy and dedication to others are de- and young females especially—to get involved voutly missed, but despite his absence, Norm HON. LOIS CAPPS in issues that are of importance to them in continues to serve as an inspiration and as a OF CALIFORNIA their communities. role model to the many people who knew his IN THE HOUSE OF REPRESENTATIVES No other organization provides all girls ev- indomitable spirit. erywhere with the tools and resources entirely Thursday, March 14, 2002 favorable to their upbringing. f Mrs. CAPPS. Mr. Speaker, I rise today to Girl Scouts is an outlet accessible to all commemorate 90 years of Girl Scouting. girls, with links to an endless array of possibili- GIRL SCOUTS’ 90TH ANNIVERSARY I am pleased that many of my colleagues ties, expression and creativity. have also chosen to celebrate and espouse I know the Girl Scouts of the USA will well HON. MAC COLLINS the accomplishments of this time-honored or- outlive this 90-year anniversary and continue OF GEORGIA ganization. to be a positive and significant societal influ- IN THE HOUSE OF REPRESENTATIVES Once a Girl Scout myself, I proudly support ence for centuries to come. the cultural, political, social, and economic ad- Thursday, March 14, 2002 f vancements of the millions of girls across the Mr. COLLINS. Mr. Speaker, ninety years nation. TRIBUTE TO NORM HOFFMAN ago, in Savannah, Georgia, Juliette Gordon Girl Scouts of the USA instills young women Low formed an organization for girls. The and girls with a balanced set of values and HON. WILLIAM M. THOMAS original Girl Scout troop consisted of 18 girls varied skills, beneficial to the development of OF CALIFORNIA from the Savannah community. Today, the Girl every girl who is often vulnerable during these IN THE HOUSE OF REPRESENTATIVES Scout organization has grown to include more early stages of growth. than 3.7 million current members, and more Girl Scouting empowers girls to rise to their Thursday, March 14, 2002 than 50 million girls and women have at one full potential and relate positively to others. Mr. THOMAS. Mr. Speaker, I rise today to time or another been members of the Girl In addition, the organization creates a foun- memorialize my friend and former colleague, Scouts of America. dation for sound decision-making so that these Norm Hoffman, who was killed in a road acci- The Girl Scouts of America was recognized girls may confront society head on and con- dent one year ago today. by this body in 1950 by a Congressional Char- tribute to it. Bakersfield suffered a significant loss with ter. Today, they are part of a global family that Not only is Girl Scouting a positive experi- the death of Norm Hoffman. Norm was an ex- serves more than 140 nations and has more ence for its members, but the organization’s traordinary main in many ways, and he left his than 10 million members. advocacy on the national level in building solid mark deep on the Bakersfield community. The While we all are familiar with Girl Scout communities enabled the Girl Scouts to create Bakersfield City Council has officially des- Cookies, what many people are not aware of a research institute. ignated March 16 as Norm Hoffman Day, and is the diverse make-up of Girl Scout Troops in With the help of government funding the Girl this Saturday, Norm will also be honored by this nation and around the world. Currently in Scouts have addressed such issues as vio- the dedication of a memorial on the Bakers- the United States there are more than 233,000 lence prevention and the digital divide with ac- field College campus where he was a beloved troops meeting in homes, churches, schools tivities that encourage girls to pursue careers teacher to hundreds of students both inside and community centers. Nearly one million in science, math, and technology. adults volunteer serve as leaders to teach girls In my district, the Girl Scouts of Tres and outside of the classroom. self-confidence and skills, and to encourage Condados number 15,000 members strong. Norm was a dedicated athlete and fitness I am proud to report that two of these young enthusiast. He was distinguished early by his them to think creatively and to act with integ- girls were recently awarded Lifesaving Medals athletic ability, but didn’t find his real love, cy- rity. of Honor. cling, until later in life. As a college student, In addition to conventional troops, Girl The last time these Girl Scouts medals were Norm was the NCAA champion in the half-mile Scouts meet in detention centers, and group awarded was 16 years ago. at Oregon State and only a hamstring injury homes. They meet, in homeless shelters, and Nine-year old Lindsey Papa received the kept him from competing for a spot on the in migrant farm camps, and some meet via the award after saving her brother in a boating ac- 1964 Olympic Team. In the 1970’s, Norm took Internet. The goal is to allow as many girls as cident. While others were trying to free the up and excelled at bodybuilding, winning the possible to develop their full potential; relate boy from the boat propeller, Lindsey hit the Mr. Kern County abdominal muscle group positively with others; develop values that pro- switch that shut off the engine, saving her award and bulking up to 260 pounds. How- vide the foundation for sound decision-making; brother’s life. ever, he found his greatest athletic success and to contribute to society. And amazingly, seven-year old Courtney and enjoyment when he began cycling after In a day and age of less-than-positive role Harmon received the award when she per- age 40. models, it is vital that our young people have formed the heimlich maneuver on her class- The list of Norm’s successes in cycling go the opportunity to grow and be influenced by mate saving the classmate’s life. on and on: four-time national champion in the positive mentors, and to learn skills that will We can undeniably give some credit to the 40 kilometer time trials; three national and help them to be productive and conscientious Girl Scouts for training Courtney in First Aid world records; and consideration for a place members of society. and CPR. Courtney exemplifies how invalu- on the 1988 Olympic time trials team at age The Girl Scouts have established a research able a First Aid and CPR education can be for 46. The most important of his achievements; institute, work to address violence prevention, children and in schools. however, is also his legacy: a whole genera- and are encouraging girls to pursue careers in And we can also attribute Lindsey’s ability to tion of local cyclists who were inspired to take science, math, and technology. make sensible decisions under pressure to her up the sport from his example. Norm’s influ- I am proud the Girl Scouts began in my Girl Scout experiences. ence on the community is clearly visible. home state. I am proud one of my grand- The remarkable acts of these two young Chances are that most of the many cyclists daughters is a Girl Scout. I am proud of the girls are a testament to the objectives of the you’ll see on the bike path on Saturday morn- contributions this fine group has made to the Girl Scouts. ing owe their involvement in the sport to Norm nation and to the world. Congratulations to the There are more than 233,000 troops and Hoffman. Girl Scouts of America on their 90th birthday. groups throughout the United States and Norm was a familiar sight to many of us in I wish them many more years of service in the Puerto Rico. And over 300 local Girl Scout Bakersfield, as he cycled to and from Bakers- fulfillment of their mission to nurture girls and councils offer the opportunity for Girl Scout field College greeting his many friends with a help them build character and skills for suc- membership. wide grin. His determination, vitality, bound- cess.

∑ 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 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.000 pfrm01 PsN: E14PT1 E348 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 IN RECOGNITION OF NATIONAL CLEAN DIAMOND TRADE Parties to the war in the DRC are ‘‘moti- PEANUT BUTTER DAY vated by desire to control and profit from the natural resources of the [DRC] and . . . HON. TONY P. HALL they finance their armies and military oper- OF OHIO HON. SAXBY CHAMBLISS ations by exploiting those resources.’’—From OF GEORGIA IN THE HOUSE OF REPRESENTATIVES the report of the Panel of Experts of April IN THE HOUSE OF REPRESENTATIVES Thursday, March 14, 2002 2001. Thursday, March 14, 2002 Mr. HALL of Ohio. Mr. Speaker, I rise today The conflict in the [DRC], because of its lu- to update my colleagues on recent progress crative nature, has created a ‘‘win-win’’ situ- Mr. CHAMBLISS. Mr. Speaker, today is Na- ation for all belligerents. Adversaries and en- tional Peanut Butter Day—a time to celebrate made in the battle against the scourge of con- flict diamonds. The U.S. House of Representa- emies are at times partners in business. . . . one of America’s favorite foods. National Pea- Business has superceded security concerns. nut Butter Day is part of the month long cele- tives has been at the forefront of this work, and I am proud of our action on the Clean Di- The only loser in this huge business venture bration of National Peanut Month. It offers a is the Congolese people. amond Trade Act last year—landmark legisla- time to recognize the nutritional and economic Illegal exploitation of the mineral and for- values of peanuts. The state of Georgia ranks tion that would advance this fight. However, this problem requires a broader solution than est resources of the [DRC] is taking place at number one in the nation in peanut production an alarming rate. The conflict in the [DRC] growing peanuts in 79 countries and 45 per- the United States can implement alone. I am pleased to report that yesterday, the United has become mainly about access, control and cent of all peanuts grown in the United States. trade of five key mineral resources . . . Plun- The industry has been a mainstay in south Nations General Assembly endorsed the Kim- dering, looting and racketeering and the con- Georgia’s economy for over 60 years and con- berley Process’s efforts to craft a system of stitution of criminal cartels are becoming tinues to benefit our local economy. The customs controls capable of ending this blood commonplace in occupied territories. These eighth congressional district of Georgia is sec- trade. criminal cartels have ramifications and con- ond largest producer of peanuts in the nation. International Efforts.—That work is far from nections worldwide, and they represent the Not only are peanuts an important part of complete, and a critical next step will be taken next serious security problem in the region. our economy, but they offer nutritional benefits next week as representatives of civil society, The link between the continuation of the by providing essential vitamins and minerals. the diamond industry, and more than 35 coun- conflict and the exploitation of natural re- They are an excellent source of the B vitamin tries gather to finish the job. If they rise to the sources would have not been possible if some folic acid, which can prevent birth defects and challenges conflict diamonds pose, we soon entities, not parties in the conflict, had not lower the risk of heart disease. One serving of will have a mechanism for preventing rough played a key role, willingly or not. Bilateral diamonds that fund war from being traded as and multilateral donors and certain neigh- peanuts provides protein, vitamin E, niacin, boring and distant countries have passively folate, phosphorus, and magnesium, which legitimate gems. Yesterday, the non-governmental organiza- facilitated the exploitation of the resources can help lower blood pressure and decrease tions whose expose´s of this blood trade insti- of the [DRC] and the continuation of the the risk of diabetes in women. gated this work warned all involved in this conflict; the role of private companies and National Peanut Month and Peanut Butter work that a flawed agreement may be worse individuals has also been vital.—From the Day provides us the opportunity to recognize report of the Panel of Experts of April 2001. than none at all. More needs to be done on the benefits of peanuts as well as the hard monitoring and enforcing the system, making it The systematic exploitation of natural re- work of all the people in the peanut industry. transparent through the publication of key sta- sources and other forms of wealth of the Mr. Chairman, I hope you will join me today in tistics on the secretive trade, and on WTO [DRC] continues unabated . . . the cease-fire recognizing National Peanut Butter Day and is generally respected on the front line, leav- issues will be critical. NGOs argue that neither National Peanut Month. ing the exploitation of the resources as the embattled civilians in Africa, nor terrorist tar- main activity of the foreign troops. There is f gets in America, nor the countries and compa- a clear link between the continuation of the nies that depend on the legitimate trade in dia- conflict and the exploitation of natural re- A TRIBUTE TO THE 90TH ANNIVER- monds can afford half-measures or compla- sources. It would not be wrong to say that SARY OF GIRL SCOUTS USA cent confidence that the situation magically one drives the other. The military operations will resolve itself. They are absolutely right. and presence in the [DRC] of all sides have HON. SAM FARR There is another grave flaw in this work: it been transformed into self-financing activi- OF CALIFORNIA depends upon a definition of conflict diamonds ties. . . . IN THE HOUSE OF REPRESENTATIVES that senselessly excludes those mined in the The initial motivation of foreign countries Democratic Republic of the Congo. Under the or armies to intervene in the [DRC] was pri- Thursday, March 14, 2002 terms of both the Kimberley Process and the marily political and security-related in na- Mr. FARR of California. Mr. Speaker, I rise Clean Diamond Trade Act, conflict diamonds ture; over a period of time, and owing to the today to celebrate the 90th anniversary of Girl are only those embargoed by the United Na- evolving nature of the conflict it has become Scouts USA. For ninety years, Girl Scouts has tions. That means that unless the United Na- the primary motive of extracting the max- had a proven track record of empowering girls tions imposes sanctions on diamonds origi- imum commercial and material benefits. to become leaders, helping adults be positive nating in a war zone, as it has in the case of This holds true for both government allies role models and mentors for children and and rebel supporters.—From the report of the wars in Angola, Sierra Leone and Liberia, the Panel of Experts of November 2001. helping build solid communities. trade in the diamonds that fuel conflict there When founder Juliette Gordon Low assem- cannot be checked by this new international United Nations is Dithering.—Despite the el- bled 18 girls ninety years ago she started system. oquent words of the United Nation’s experts what would become the largest organization of A War for Plunder.—Diamonds are not the and diplomats, the impassioned calls for ac- girls in the world. It was because of her vision, cause of what has come to be known as Afri- tion made by virtually everyone who has ex- that girls now have access to a forum to de- ca’s First World War, but they play a crucial amined the situation in the DRC, and the full velop mentally, spiritually, and physically. Girl role in sustaining it and spreading misery else- knowledge that each day of delay has serious Scouts promotes the ideas of fun, friendship where—perhaps even to the United States, consequences for innocent Congolese, the and power of girls together. Through experi- because Al Qaeda, Hezbollah, and other rad- United Nations has continued to dither. ences such as cultural exchanges, outdoor ex- ical organizations reportedly have funded their periences and community service projects girls terrorist activities with Congolese diamonds. Three months ago, the Security Council learn life skills. They acquire self-confidence There is ample evidence that diamonds and ‘‘strongly condemned the continued plundering and expertise, take on responsibility, are en- other resources have become the reason for of the [DRC’s] natural resources . . . which it couraged to think creatively and act with integ- the Congo’s war, so ending their illegal trade said was perpetuating the conflict in the coun- rity—qualities essential in good citizens and essential. Some of the most compelling re- try, impeding economic development and ex- great leaders. ports of the link between plunder and misery acerbating the suffering of the Congolese peo- The Girl Scout Mission is ‘‘to help all girls have been made by the United Nations’ Panel ple.’’ But then, instead of acting on the incon- grow strong.’’ I hope we can follow the exam- of Experts on the Illegal Exploitation of Natural trovertible evidence that had been painstak- ples set by the Girl Scouts and remember the Resources and Other Forms of Wealth of the ingly gathered, it gave U.N. experts six more great importance of coming together to give Democratic Republic of the Congo. Here are a months to come up with yet more information back to our communities. few excerpts from them: and to propose solutions.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.004 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E349 Given the complexities of the resource then hastened to sanction the diamonds and jewelry industries, human rights and hu- trade, the shifting alliances involved in the rebels used to fund their brazen attacks. Is yet manitarian organizations, and others to ad- war, the thorny issues of sovereignty, and— another crisis what the United Nations is wait- dress this flaw in international efforts to com- perhaps determinative—the clear preference ing for? Can it instead act on the ample evi- bat conflict diamonds, and to ensure we reach of Security Council members to buck tough dence of suffering and plunder before the situ- our goal by ending this scourge. decisions to a later time, it is not surprising ation takes another turn for the worse? Clean Diamond Trade Act.—In closing, I that the Panel concluded in November that: I share the fervent hopes of many con- want to give our colleagues an update on H.R. exploitation of natural resources in the cerned people at the United Nations and else- 2722, the legislation we endorsed 408–6 last [DRC] cannot be viewed and dealt with in where that a comprehensive approach to end- November. My hope and that of other spon- isolation . . . This is one part of the problem ing the plunder of the Congo and securing a sors was that the Senate would act quickly on which is inextricably linked to other serious lasting peace will be found. But I strongly dis- this landmark legislation, both to push other issues in the region. agree with the United Nations’ apparent con- countries to meet their Kimberley Process obli- However, in his presentation to the Security clusion that—if it can’t do everything—it gations and to serve as a pilot for this project Council, the Panel’s Chairman, Mahmoud shouldn’t do anything. The Congo’s people, so any flaws in this approach could be cor- Kaseem, also warned that ‘‘failure to follow up and others threatened by the problems that rected through the legislation the Administra- on the recommendations would send a mes- fester in its chaos, can’t want for an over-arch- tion plans to introduce this year. sage to traffickers and profiteers that they ing system of controls on every valuable re- To my great dismay, that has not happened, could continue their activities with impunity.’’ source this rich country produces. They can’t and the extraordinary coalition of industry and Few could quarrel with what the Panel ad- afford another six months of expert investiga- activists that supported the Clean Diamond vocates: ‘‘a resolution of the broader conflict in tion of problems that obviously exist, and Trade Act has collapsed over differences in the [DRC] and the region’’ and a ‘‘rebuilding of grand solutions that will take even longer to how Congress should proceed. I remain hope- the State institutions [which] will require a sys- devise than the Kimberley Process has spent ful that the Senate sponsors of H.R. 2722’s tematic and sustained approach stretching on its system of controlling rough diamonds. companion—which represents a compromise over many years, and with the full assistance In truth, neither can we Americans. A De- that I brokered between the human rights and cooperation of the international commu- cember 2001 account by Washington Post in- community and the diamond industry—will find nity.’’ And of course it is good news that yet vestigative reporter Douglas Farah detailed a way through their differences with the Bush another round of peace talks is underway the way Al Qaeda, Hezbollah and other radical Administration and the House so that this bill today, and better news that, save for low-in- Islamic groups are funding their terrorist at- can be enacted at the earliest opportunity. tensity conflicts, a cease-fire has largely held tacks by trading conflict diamonds and other I don’t quarrel with our Senate partners’ for nearly a year. But the report’s bad news is Congolese resources. Africans and Americans preference for stronger legislation; in fact, I what’s at issue: that, at the present rate, it will have learned together in recent months the share it, and want the record to be clear that take longer to stop the plundering phase of hard lesson that averting our eyes is not the their differences are honorable ones grounded the war than its shooting phase. way to deal with a problem, however intrac- in the bill’s substance. This is not a partisan Given the richness of the Congo’s resources issue, as Congressmen WOLF, HOUGHTON and and its horrifying history since the late 1800s, table. Congo: The Next Focus.—The United Na- RANGEL and Senators DURBIN, DEWINE, FEIN- there is little reason to hope the current era of tions has tied itself in knots trying not to in- GOLD and GREGG’s combined efforts dem- misery will be either short or less deadly than fringe upon any nation’s sovereign rights. I un- onstrate. prior ones. Belgium’s exploitation of the Congo derstand its dilemma in trying to determine However, having worked steadily on this left 7–10 million dead and a record of vicious- which nations are participating defensively and issue since I first met the victims of one war ness that almost matches that of the drug-ad- which are aggressors, but enough is enough, over conflict diamonds, and sponsored six dif- dled rebels who’ve turned Sierra Leone into a particularly when it comes to diamonds. I sus- ferent bills aimed at resolving it, I am con- nation of amputees and war victims. Then, pect what matters most to consumers is that vinced that there simply is no silver bullet ca- after the Congo’s independence, Mobutu Sese diamonds’ image differs from reality. To Amer- pable of stopping this criminal trade. Giving Seko, the strongman who ruled it with full U.S. icans in particular—who buy half of the world’s our Customs agents weapons to battle it, giv- support for decades, became one of the diamond gems and jewelry, and 10 percent of ing activists tools to expose shortcomings in world’s richest men from the trade in re- its rough diamonds—the fact that a diamond enforcement, finding ways to complement the sources that are his people’s rightful pat- might be funding war is what matters. Whose law through development and diplomacy, and rimony. Now, in the years since the Congo de- blood stains their token of love, whether it be- remaining vigilant until this scourge ends are scended into chaos and war, these same re- longs to a Rwandan soldier or a Zimbabwean, the only real solution. sources again have turned it into a battle- probably isn’t nearly as important. I hope this work can begin soon, with the ground. As respected journalist Richard C. When Kimberley Process nations, the dia- United States at the forefront and supported Hottelet put it: mond industry, and members of civil society by the international community and this Con- One hundred years ago, novelist Joseph complete the first phase of their efforts against gress. Conrad called what was then King Leopold f II’s private property the ‘‘Heart of Dark- conflict diamonds next week, I hope they will ness’’ and its exploitation a horror. This vast turn their energies to the DRC’s forgotten war. CELEBRATING THE 90TH ANNIVER- land is now called the Democratic Republic Finding a way to close the Congo-sized loop- SARY OF THE SUFFOLK COUNTY of the Congo, and what is happening there hole that threatens to undercut their good GIRL SCOUTS eclipses Conrad.... The Congo, as big as work on a global system, and that is leaving the United States east of the Mississippi, the Congolese people untouched by an ap- with 50 million people, has become a carcass proach that has proven constructive in other HON. STEVE ISRAEL being chewed at by its elite and its neigh- countries torn by wars over diamonds, is es- OF NEW YORK bors. They have looted and sold its natural sential. IN THE HOUSE OF REPRESENTATIVES resources on a scale without precedent. This, Thursday, March 14, 2002 with the direct or tacit complicity of pious Together with other leaders of the work governments and corporations around the against conflict diamonds in the House of Mr. ISRAEL. Mr. Speaker, I rise to offer my world.... For Zimbabwe, Rwanda, Uganda Representatives, I am drafting legislation that sincere congratulations to the Suffolk County and Burundi, the Congo is too rich a cash aims to support responsible action on this Girl Scouts in celebration of their 90th Anni- cow to abandon. From the Christian Science pressing problem. Unfortunately, this is not versary. Monitor, May 16, 2001. something the United States can do unilater- Over 35,000 girls participate in Girl Scouts Given the Congo’s current situation and ally. Nor is it an issue that should continue to in Suffolk County and it is the largest Girls decades of experience, the question before be subsumed to the interests of some U.S. al- Scout Council in New York State. In addition, members of the international community today lies who are involved in the Congo’s war. The the Girl Scouts of Suffolk County are the ‘‘larg- is straightforward: How long do we intend to precedent we set in the deadliest war of this est youth serving agency’’ on Long Island. wait to act? A small and anemic contingent of decade should not merely serve the narrow in- The Girl Scouts are dedicated to helping UN troops are there now, in a situation that terests of any one nation; it should support fu- girls reach their fullest potential. And one of echoes the one in Sierra Leone in the weeks ture work to put diamonds beyond the reach the keys they do that is by having girls help before 500 UN peacekeepers were kidnapped of thugs and terrorists. other girls. Through peer leadership, men- there two years ago. The international commu- I look forward to working with Congressional toring and support, the Girl Scouts help our nity did little until it suffered that humiliation, leaders, the Bush administration, the diamond girls make the transition from child to adult.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.009 pfrm01 PsN: E14PT1 E350 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 The Girl Scouts of Suffolk County have de- IN RECOGNITION OF AKTINA to build solid communities. We have experi- signed a special patch that was unveiled yes- PRODUCTIONS, INC. enced this in our own family and still remem- terday, the six-month anniversary of Sep- ber fondly the visit with our daughter to found- tember 11th, in memory of the horrific tragedy HON. CAROLYN B. MALONEY er Juliette Gordon Low’s home in Savannah. and Attack on America. The patch will be dis- OF NEW YORK Through Girl Scouting, girls acquire self-con- tributed across the nation; to earn it, each girl IN THE HOUSE OF REPRESENTATIVES fidence and expertise, take on responsibility, must participate in four activities that com- and are encouraged to think creatively and act memorate September 11th. Thursday, March 14, 2002 with integrity—the qualities that are essential The Suffolk County Girl Scouts have Mrs. MALONEY of New York. Mr. Speaker, in good citizens and great leaders. pledged to perform 90,000 hours of commu- I rise to pay tribute to AKTINA Productions Today, Girl Scouting has a membership of nity service benefiting Long Island this year. Inc. This year, AKTINA Productions Inc., 3.8 million—2.7 girl members and over Their dedication to the community is to be which produces Greek-American radio and tel- 900,000 adult members—making it the largest commended. evision programs, will be commemorating the organization for girls in the world. Girl Scout- I wish great success to the Girls Scouts as 47th anniversary of the beginning of the battle ing is available to all girls ages 5–17 through they embark on this great endeavor to make for independence from British colonial rule participation in more than 233,000 troops Suffolk County a better place. waged by Cyprus. In memory of those Cyp- throughout the United States and Puerto Rico. riots who lost their lives in the struggle for The Pines of Carolina Girl Scout Council, f freedom, on March 17, 2002, AKTINA Produc- which serves girls in North Carolina’s Fourth tions will be hosting an anniversary event enti- District, boasts a membership of more than COMMEMORATION OF ST. 21,000 girls. As an organization, the Girl PATRICK’S DAY tled ‘‘To the Immortals.’’ Founded in 1993, AKTINA Productions Inc. Scouts have recently rededicated themselves is a non-profit organization dedicated to pro- to ensuring that Girl Scouting is available to HON. DAVID E. BONIOR moting Cypriot and Greek culture. Known as every girl in every community, reaching be- OF MICHIGAN the ‘‘voice of Cyprus’’ in America, it empha- yond racial, ethnic, socioeconomic or geo- IN THE HOUSE OF REPRESENTATIVES sizes cultural and educational development graphic boundaries. The positive impact that Girl Scouting has Thursday, March 14, 2002 through radio and television as well as live performances, including concerts and dance on our communities cannot be overstated, and Mr. BONIOR. Mr. Speaker, I am pleased to shows. I am proud of the work of the Girl Scouts of join the Irish community in celebration of St. In May of 1993, AKTINA Productions Inc. the USA, particularly the work which benefits Patrick’s Day. had the distinction of introducing the first ever thousands of families in North Carolina. It is On March 17, 2002, people from around the bilingual Greek-American radio show, known my pleasure to congratulate and commend world will come together to celebrate the life of as AKTINA FM. AKTINA FM is a live call-in this organization on its 90th anniversary. St. Patrick, the patron saint of Ireland. During Greek-American Radio Magazine which high- f the fifth century, St. Patrick devoted his life to lights Greek culture, heritage and tradition and sharing the Christian faith with the native Irish HONORING MAYOR LUTHER JONES focuses on national and international issues OF CORPUS CHRISTI, TX people. As it has been for centuries, the entire affecting Cyprus and Greece. AKTINA FM is Irish community will celebrate the day with presently heard by more than 500,000 lis- music, parades, and family gatherings. When teners on the radio, and more than 7,000 on HON. SOLOMON P. ORTIZ OF TEXAS Irish soldiers serving in the English military the Internet. Call-in segments often feature a IN THE HOUSE OF REPRESENTATIVES held the first St. Patrick’s Day parade on wide range of diverse participants and sub- March 17, 1762, through the streets of New jects, including education, immigration, health, Thursday, March 14, 2002 York City, they started a tradition that con- crime prevention and the arts. Mr. ORTIZ. Mr. Speaker, I rise to pay tribute tinues until the present day. AKTINA FM also facilitates a number of to my friend, a great man and Mayor Emeritis During the mid-1800s, millions of Irish immi- educational programs dedicated to children of Corpus Christi, TX, Mayor Luther Jones, grants came to America to seek new lives. ranging in ages from 7–17 years. They also who passed away last week after a very short Today, the United States is enriched not only offer platforms for children from a variety of hospitalization. He was a great man, a be- by the contributions of these immigrants, but ethnic and social backgrounds to display their loved friend, and a figure known far beyond also by that of their sons, daughters, and various talents in poetry, speech, composition Corpus Christi as a moral, lovable man who grandchildren. Irish-Americans have made and other areas. AKTINA FM also offers a loved life, his home, and all the people in it. major contributions to all aspects of American monthly Student Essay Contest in which more To see the future, you must stand on the society, including sports, medicine, religion, than 100 public schools participate and almost shoulders of a giant. Mayor Jones’ political politics, and the arts. all of the Greek-American day and afternoon legacy, his legacy of good government, is eas- Their innumerable contributions are why it is schools of the Greek Archdiocese in the tri- ily the leadership he exhibited in 1983 when appropriate to honor the Irish community with state area participate. Nearly 60 children ages he forced all parties in disagreement about the a commemorative postage stamp honoring 7–15 years will take part in the ‘‘To the Immor- election of city officials to sit together in the Irish American Heritage Month. This com- tals’’ anniversary event. same room until the issue was resolved. His memorative stamp would salute the accom- For its many contributions to the community, leadership at that moment in our history was plishments of all Irish-Americans and their in- I ask that my colleagues join me in saluting pivotal to restructuring the city’s election proc- valuable contributions to the American way of AKTINA Productions Inc. ess. life. From President John F. Kennedy to F. f In the highly charged emotions of the time, Scott Fitzgerald to the brave firefighters who Mayor Jones saw around the curve of history, gave their lives on September 11, 2001, Irish- GIRL SCOUTS’ 90TH ANNIVERSARY and through the sheer force of will, person- Americans have strengthened and enhanced ality, and the righteousness of the cause, he our Nation and it is only appropriate that those HON. DAVID E. PRICE persuaded all parties to find a compromise— contributions be honored and celebrated by all OF NORTH CAROLINA modified single member-districts—which Americans. IN THE HOUSE OF REPRESENTATIVES changed the face of Corpus Christi politics America can boast a population of 44 million and offered minorities entry into city govern- Thursday, March 14, 2002 Irish-Americans and I am proud that my home ment. State of Michigan has a thriving Irish-American Mr. PRICE of North Carolina. Mr. Speaker, As much as he will be remembered for de- community. In our State, many Irish-American I am pleased to join the Girl Scouts of the livering Corpus Christi into the late 20th cen- organizations work each day to enrich our USA in celebrating their 90th anniversary. tury in terms of political participation, it is his neighborhoods. These institutions provide in- Since the organization’s inception in 1912, the personal legacy that made him a widely loved valuable public service, as well as a strong Girl Scouts have taken on the mission of giv- friend and leader. foundation for the community as a whole. ing all girls the opportunity to develop phys- While many in south Texas have extolled Mr. Speaker, I join the people of Ireland, all ically, mentally, and spiritually. For the last 90 the mayor for his contributions to the Nation’s those of Irish ancestry around the world and years, Girl Scouts has empowered girls to be- military through his leadership at the Corpus our own Irish-American community in cele- come leaders, helping adults be positive role Christi Army Depot and his support for edu- brating St. Patrick’s Day. models and mentors for children, and helping cation, particularly his successful effort to get

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.012 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E351 a four-year institution of higher learning in Cor- thank you for strengthening the minds, bodies born in a spirit of courage and optimism ‘‘as pus Christi, that was not what was most im- and spirits of America’s girls and young immigrants yearning for freedom courageously portant to him. women. risked their lives in search of greater oppor- The thing that he loved the most was the f tunity.’’ The decedents of Greek immigrants school that bore his name, the Luther Jones offer thanks and pay homage to America, Elementary School, because he knew the sil- GIRL SCOUTS OF AMERICA warmly embracing this spirit of optimism and ver bullet, the single most important thing in courage that President Bush said ‘‘must guide the life of a young person was education, pure HON. ERNEST J. ISTOOK, JR. those of us fortunate enough to live here.’’ and simple. He knew you had to get kids early OF OKLAHOMA I ask my colleagues to join me in recog- to make an impression on them. IN THE HOUSE OF REPRESENTATIVES nizing the efforts of the American Hellenic The children there loved him, and he loved Thursday, March 14, 2002 Educational Progressive Association to honor, them. He never missed a graduation; he came Mr. ISTOOK. Mr. Speaker, this week is the memorialize, and salute members of the com- to every event and spoke to everyone there. 90th anniversary of Girl Scouting in America. munity affected by the sad events of Sep- He wanted these young people to know there After its founding in 1912, and its Congres- tember 11, 2001, during the organization’s was an adult who believed in them. And they sional Charter in 1950, it has grown to a mem- 35th Biennial Congressional Banquet, held believe in him. bership of over 2.7 million girls. Today, in March 25, 2002, in Washington, DC. In the weeks just before the mayor passed, Oklahoma, there are 25,000 Girl Scouts, with f the children at Luther Jones Elementary were 8,500 volunteers helping girls develop to their building a monument to him. The pentagon- HAPPY 90TH ANNIVERSARY, GIRL full potential. Evidence has demonstrated that SCOUTS OF AMERICA shaped monument had words on each side of the more time a girl spends in Girl Scouts, the it most often associated with the mayor: Integ- more likely she is to be drug free, avoid sex- rity, Honesty, Perseverance, Success, and ual activity that can lead to unwanted preg- HON. TIMOTHY V. JOHNSON Victory. These were the traits of the only man nancy, and attend college. I commend all of OF ILLINOIS ever afforded the title of Mayor Emeritus in the the leaders across America who are working IN THE HOUSE OF REPRESENTATIVES history of Corpus Christi. to make our children’s lives better, and to pre- Thursday, March 14, 2002 If the measure of a man is in the number of pare the next generation for a healthy and Mr. JOHNSON of Illinois. Mr. Speaker, I lives touched, of positive changes made, Cor- productive future. pus Christi Mayor Emeritus Luther Jones will would like to take this time to congratulate and be the yardstick by which the rest of us are f thank the Girl Scouts of the USA for their 90 measured. I ask my colleagues to join me in ACKNOWLEDGING AHEPA’S years of service and dedication to the young remembering this great American patriot SALUTE TO AMERICA women of our nation. today. I am extremely blessed to have two extraor- f HON. MICHAEL BILIRAKIS dinary Girl Scout Councils in my district that truly deserve to be honored during this 90th OF FLORIDA RECOGNIZING THE GIRL SCOUTS Anniversary Celebration. Serving over 4,000 IN THE HOUSE OF REPRESENTATIVES OF AMERICA girls, the Green Meadows and Centrillio Girl Thursday, March 14, 2002 Scout Councils have clearly demonstrated HON. SHERWOOD L. BOEHLERT Mr. BILIRAKIS. Mr. Speaker, I rise to ac- their strong commitment to the development of OF NEW YORK knowledge the American Hellenic Educational strong and confident young women. We must IN THE HOUSE OF REPRESENTATIVES Progressive Association (AHEPA), the largest not forget that these women are those who and oldest association of Americans of Greek will become the future leaders of our commu- Thursday, March 14, 2002 heritage and Philhellenes. This entity plans to nities, our nation, and our world. In addition, Mr. BOEHLERT. Mr. Speaker, today I rise in honor and memorialize members of the com- the Girl Scouts have throughout their history recognition of the legacy of Juliette Gordon munity who perished in the tragic events of allowed many adult volunteers the opportunity Low. Ninety years ago this week, she founded September 11, 2001. It will also salute those to reach out to young women in the commu- an institution—the Girl Scouts of the United who have carried out courageous acts or per- nity and act as positive role models and men- States of America—which has since inspired formed tremendous philanthropic and humani- tors. over 50 million American women. tarian deeds during one of the most trying mo- I ask all of my colleagues in the House to In our nation, over two and a half million ments of our country’s history. join me in taking the time this week and young women participate in this institution that The attack on America was an assault upon throughout the year of their 90th Anniversary has a simple goal—to endow our girls with the values of democracy which have enabled Celebration to honor the Girl Scouts of the self-confidence, responsibility, integrity and our nation to persevere with strength and re- USA for their hard work and dedication in pro- leadership skills; and to help them develop solve for well over two hundred years. These viding an atmosphere ‘‘Where Girls Grow physically, mentally and spiritually into suc- values, given to Western Civilization by the Strong’’. cessful adults. ancient Greeks, comprise our freedoms, our f Further, as Chairman of the House Com- liberty, and our commitment to uphold justice. mittee on Science, I would like to commend Together these ideals, combined with the THE SEPTEMBER 11TH, 2001 the efforts of the Girl Scouts to close the gap American tradition of tolerance for people of COMMEMORATIVE COIN ACT in math and science education that exists be- different faiths and ethnic backgrounds, will tween our boys and our girls. While only help us to overcome our current challenges HON. STEVEN R. ROTHMAN around one-fifth of our scientists and engi- and be victorious in our common fight against OF NEW JERSEY neers are women, the Girl Scouts are working terrorism. IN THE HOUSE OF REPRESENTATIVES to expose girls to a wide variety of experi- On March 25, 2002, in the spirit of that tra- Thursday, March 14, 2002 ences and career choices and open new op- dition, the descendants of ancient Greece, portunities for girls in science. who as immigrants came to America because Mr. ROTHMAN. Mr. Speaker, today I intro- Also today, I would like to recognize the for- of the very democratic ideals fostered by their duced the ‘‘September 11th, 2001 Commemo- tieth anniversary of the Foothills Girl Scout ancestors, will come together to ‘‘Honor Amer- rative Coin Act’’ which calls for the introduction Council in my Congressional district. This ica.’’ This event will be hosted by the Amer- of a circulating commemorative coin that year, along with other outstanding young ican Hellenic Educational Progressive Asso- would honor the victims of the events of Sep- women across the country, Jennifer Fleischer, ciation, an organization founded by visionary tember 11th. Krystina Novak and Jessica Walker from the Greek immigrants eighty years ago. They will A generation ago, the events of December Foothills Girl Scout Council have earned the pay their respects to family, friends, neighbors, 7th, 1941 became not only a day of infamy, Girl Scout Gold Award. They have done so and fellow citizens, who lost their lives to ter- but also a reference point that no one has for- through considerable efforts and contributions ror and will express their humble gratitude to gotten. My father knows precisely where he to their communities, and I congratulate them those who placed their lives in harm’s way to was on that Sunday in December, just as I on their wonderful achievements. save the lives of others. suspect nearly all Americans know what they Girl Scouts of the United States of America, President George W. Bush, in an address were doing when the World Trade Center and I salute you at your ninetieth anniversary, and on November 8, 2001, said our nation was the Pentagon were attacked.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.016 pfrm01 PsN: E14PT1 E352 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 Events of cataclysmic proportion, as well as eagle pointed, variously, to olive branches of areas of the country, and in that sense is a epic struggles, have long been commemo- peace, or towards the talons holding arrows circulating commemorative coin, but never rated on the coinage of various countries. of war. archieved general circulation success. The heraldic eagle on the reverse of the sil- Nonetheless, important historical person- Canada’s tombac nickel, for example, issued ver dollar (1798–1804) is one example of this ages, as well as historical events, have long in 1943, contains a new reverse design from (pointed toward arrows of war), while the been common on coinage. That’s precisely the famous Churchill ‘‘V’’ for victory over the Seated Liberty dollar of 1840–1873 had the ea- the reason why the destruction of the World Nazi Axis war machine. gle’s head pointed toward olive branches, as Trade Center in New York, a galvanizing America’s circulating coinage is not so dif- does the Morgan dollar (1878–1921). event if ever there was one, deserves perma- ferent. The heraldic eagles utilized on the re- In the 20th century, the first circulating nent memorialization on our coinage. There is a danger, from the close proximity verse of our coinage has had the beak of the commemorative was struck for the centen- nial of the birth of Abraham Lincoln, in 1909. of headlines, to suggest what will become eagle pointed, variously, to olive branches of The Annual Report of the Director of the history. But in the same sense that Presi- peace, or towards the talons holding arrows of Mint simply noted that, ‘‘With the approval dent Roosevelt termed the attack on Pearl war. of the Secretary of the Treasury the new de- Harbor a day of infamy, so, too, the attack Nonetheless, important historical person- sign for the bronze one-cent coin was adopt- on the twin towers of the World Trade Cen- ages, as well as historic events, have long ed in April 1909. On the obverse the head of ter marks the start of a 21st century war been common on coinage. That’s precisely the Lincoln appears instead of the Indian head that is unlikely to be over quickly, or events which this piece had borne since 1864. The that will be quickly forgotten. reason why the destruction of the World Trade The very metal that the coins are made of engraver of the mint at Philadelphia was in- Center in New York, a galvanizing event if is the reason that they should be struck—to ever there was one, deserves permanent me- structed to prepare dies and coinage of this permanently memorialize, for all time, the piece was commenced in May. . .’’ event that occurred, and to offer some nu- morialization on our nation’s coinage. In March 1931, Congress enacted legislation mismatic assurance that it will not be for- Striking such a coin would permanently me- overturning a portion of the Act of Sept. 26, morialize, for all time, the event that occurred, gotten. It affords a permanent memorial to 1890 (limiting design changes to no more fre- more than 5,000 innocent victims, a tribute and to offer some numismatic assurance that quently than once in 25 years on circulating that they richly deserve. it will not be forgotten. It affords a permanent coinage) and specifically authorized and di- Unlike other issues, this one should have memorial to the more than 3,000 innocent vic- rected the Secretary of the Treasury ‘‘for the no surcharge at all. Even if numismatic tims—a tribute that they richly deserve. purpose of commemorating the 200th anni- versions are authorized, they should be An article suggesting this was published versary of the birth of George Washington, available to the public on the basis of cost to change the design of the 25-cent piece so plus a modest profit for the Mint. shortly after the events of September 11 in that the portrait of George Washington shall What should be considered, however, is di- Numismatic News, a coin collector’s peri- appear on the obverse, with appropriate de- recting the use of the seigniorage, which, if odical. The author is my Mayor, my neighbor vices on the reverse. . .’’ a half dollar is chosen, would constitute and friend, David L. Ganz, of Fair Lawn, New Following President Roosevelt’s death in about 46 cents for every coin. If the Mint Jersey. David is a former member of the Citi- 1945, the Mint produced a Roosevelt memo- were to produce 750 million of such coins in zens Commemorative Coin Advisory Com- rial medal, and also introduced a new circu- a year’s time, the seigniorage would be a re- mittee, and a past president of the American lating commemorative coin design for the markable down payment on the rebuilding of dime (dated 1946). Vermeule terms the coin the World Trade Center, which cost an esti- Numismatic Association, and I would like to ‘‘the logical memorial for Franklin Roo- mated $350 million per tower to construct have the article reprinted in its entirety in the sevelt in the regular coinage.’’ when completed in 1973. CONGRESSIONAL RECORD. After the assassination of John F. Ken- To accomplish this, a bill would have to be Mr. Speaker, the events of September 11 nedy, Congress enacted the law of Dec. 30, introduced in the Senate and House, passed call for a distinctive tribute to honor not only 1963, directing that the Franklin half be re- by both chambers, and approved by the those who perished, but also those who re- placed with a design ‘‘which shall bear on President. Modestly, here’s my proposal to main. I believe that coinage, as it has been for one side the likeness of the late president of do just that: the United States John Fitzgerald Ken- thousands of years, is an appropriate re- f nedy,’’ a motif which Vermeule terms a sponse and urge prompt consideration of the ‘‘hasty; emotional advent’’ even though the 2002 CONSTRUCTION INDUSTRY bill introduced today. design is ‘‘a tolerable, staidly handsome EXPOSITION [From the Numismatic News, Oct. 2, 2001] coin.’’ The One Bank Holding Company Act of PUT WORLD TRADE CENTER ON NEW HALF 1970 required a coin to ‘‘bear the likeness of HON. DON YOUNG DOLLAR the late President of the United States, OF ALASKA (By David L. Ganz) Dwight David Eisenhower, and on the other IN THE HOUSE OF REPRESENTATIVES America’s tragedy that is personified by side thereof a design which is emblematic of Thursday, March 14, 2002 the destruction of the twin towers of the the symbolic eagle of Apollo 11 landing on World Trade Center in New York City, the moon.’’ Mr. YOUNG of Alaska. Mr. Speaker, next through a vicious, criminal assault on its In 1973, Congress passed Public Law 93–127 week the entire construction and construction sovereignty on Sept. 11 in a suicide bombing, which directed the Treasury Secretary to materials industries are holding a convention, is deserving of a lasting tribute. commemorate the Bicentennial of the Amer- the CONEXPO-CON/AGG, in Las Vegas, NV. Coinage, since the time of Caesar, has ican Revolution with a reverse design change More than 125,000 people are expected to at- served the simultaneous purpose of doing the for the quarter dollar, half dollar and dollar tend and over 2,300 exhibitors covering will business of commerce and remembering his- coin, all of which were intended for circula- toric events that are worthy of commemora- tion, but of which only the quarter dollar show their construction material and equip- tion. In ancient times, coins of that ear were really achieved circulation. The colonial ment in 1.9 billion net square feet of indoor utilized to pay homage to the emperors, to drummer boy on the quarter, dated 1776–1976 and outdoor exhibit space. This convention is celebrate victories on the battlefield. (and produced in 1975 and 1976 by the Mint) one of the best as it draws contractors and Two members of Congress, Rep Elliot still can be found occasionally in circulation construction materials producers from around Engel, D–N.Y., and J.C. Watts, R–Okla, are today, a reminder of our Bicentennial cele- the world. evidently planning to introduce legislation bration a generation ago. Several organizations associated with these creating a ‘‘Spirit of America’’ coin to com- The half dollar (bearing Independence Hall events, are conducting their annual conven- memorative the victims of the attacks. on the reverse), and the dollar (Liberty Bell tions in Las Vegas: The Association of Equip- Engle, from the Bronx, and Watts, from imposed on the lunar surface) never really Oklahoma City, have seen their neighbor- achieved circulation. Occasionally, examples ment Manufacturers; the National Stone, Sand hoods fall victim to terrorism. of the half are found in circulation. The dol- and Gravel Association, the National Ready The idea of using the medium of the lar coin never really entered circulation in Mixed Concrete Association, the America Caesars to mark our own catastrophe is a the first instance. Collector versions of the Road and Transportation Builders Association; good one. Events of cataclysmic proportion, coins were struck in silver-clad material, as the Associated General Contractors of Amer- as well as epic struggles, have long been required by law. ica; the Construction Materials Recycling As- commemorated on the coinage of various More recently, in 1979, a dollar coin com- sociation; the Concrete Sawing and Drilling countries. Canada’s tombac nickel, for exam- memorating Susan B. Anthony was produced Association; the International Road Federa- ple, issued in 1943, contains a new reverse de- by the Mint. The reverse was directed to sign from the famous Churchill ‘‘V’’ for vic- have ‘‘a design which is emblematic of the tion; the National Fluid Power Association; the tory over the Nazi Axis war machine. symbolic eagle of Apollo 11 landing on the National Utility Contractors Association and America’s circulating coinage is not so dif- moon.’’ Its design was identical to that of the Society of Automotive Engineers. I con- ferent. The heraldic eagles utilized on the re- the Eisenhower dollar authorized in 1970. The gratulate them for the work they do to keep verse of our coinage has had the beak of the coin did achieve partial circulation in some America moving.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.021 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E353 Some important facts about these industries Congress to bend the rules that allow injured be proud to know that Girl Scouting is still should be noted. The construction industry consumers and workers access to the civil jus- going strong and shaping lives. Congratula- represents 8 percent of our Nation’s gross do- tice system. tions Girl Scouts on 90 years of wonderful mestic product and accounts for 5 percent of Proponents of H.R. 2341 insist that a class service. total U.S. employment. The construction in- action crisis threatens the well being of U.S. f dustry puts more than $850 billion of products courts this is simply not true. There is no sta- in place annually and employs more than 8.6 tistical evidence of a class action crisis. In INTRODUCTION OF THE ‘‘GENOMIC million people. Even in a recession, the con- fact, the Federal and State judiciaries have RESEARCH AND DIAGNOSTIC AC- struction and construction materials industries consistently opposed efforts to ‘‘federalize’’ CESSIBILITY ACT OF 2002’’ H.R. added 63,000 jobs. These numbers are stag- class actions believing that state courts are 3967 AND THE ‘‘GENOMIC SCIENCE gering and impressive and result from the very perfectly capable of handling their own matters AND TECHNOLOGY INNOVATION successful TEA 21 Act that funds the federal without interference from the Federal judiciary. ACT OF 2002’’ H.R. 3966 highway road program. There is simply no need for massive civil jus- These are America’s builders. Through their tice reform, especially reform like H.R. 2341 HON. LYNN N. RIVERS hard work, the wilderness that was America that limits the rights of consumers to seek re- OF MICHIGAN was transformed into a stronghold of produc- dress against wrongdoers. IN THE HOUSE OF REPRESENTATIVES tivity and commerce. Currently, class action suits provide access Thursday, March 14, 2002 These groups build our roads and highways, to justice for thousands of American con- airports, and rail beds—the networks that con- sumers and small businesses that would oth- Ms. RIVERS. Mr. Speaker, evidence is nect our cities, our communities, and our fami- erwise have no realistic means of taking their mounting that the patenting of human genes is lies. They build our homes, our workplaces, case to court. Unfortunately this legislation is both inhibiting important biomedical research our churches, our schools, and our hospitals. an attempt to deny American consumers and and interfering with patient care. Today I am They build and maintain our utilities, includ- small businesses by making plaintiffs jump introducing two bills that address these in- ing water and sewer facilities, natural gas through multiple hurdles to bring class actions, creasingly troublesome effects of human gene pipelines and telecommunications systems. allowing proponents of this bill to accomplish patenting. They build these underground lifelines that their policy goal at the expense of consumers Despite resistance from many of our Euro- keep America secure and thriving. who have been harmed by corporate wrong- pean allies and the popular view in this coun- Not only do they build—they rebuild. In the doers. try that owning the rights to a part of the true spirit of America they responded after Today we are given the opportunity to make human body is inappropriate and even im- September 11 by sending manpower, mate- a clear choice between the legal rights of pow- moral, patenting of human genetic sequences rials, equipment, and money to the New York erful corporations that break the rules, and the is accelerating rapidly. Eight thousand patents City World Trade Center and the Pentagon to legal rights of the families, retirees and con- on genes or genetic material have already help heal the wounds inflicted on America by sumers they harm. Today we cannot turn our been issued by the Patent and Trademark Of- the terrorist attacks. Members of these asso- backs on those who depend on us. Today we fice (PTO), including at least 1,500 on human ciations continue their efforts to erase these must stand up for those who stand the greater genetic material. Tens of thousands of addi- scars that mar our landscape. harm by opposing H.R. 2341. tional human gene patents await examination by the PTO. And while the criteria for award- The construction and construction materials f industries have built Americans’ a quality of ing gene patents have been marginally tight- CONGRATULATIONS, GIRL SCOUTS, life and ensured a prosperous future for our ened in recent years, progress toward pat- ON 90 YEARS OF WONDERFUL country and its people. enting of the entire human genetic sequence SERVICE We all take pride in the work these ‘‘Build- continues unabated. There is little doubt that ers of America’’ do every day. On the eve of most of the significant claims on our genetic CONEXPO-CON/AGG 2002, we extend our HON. DAVID VITTER code will be tied up as private property within sincerest thanks and best wishes to the con- OF LOUISIANA a very few years. What does it mean to own a human gene struction and construction materials industries IN THE HOUSE OF REPRESENTATIVES patent? It means that the gene patent holder for a successful trade shows that is ‘‘An Expe- Thursday, March 14, 2002 rience to Build On.’’ controls any use of ‘‘its’’ gene, a gene that is Mr. VITTER. Mr. Speaker, I rise today to found in virtually every human being on the f celebrate the 90th anniversary of the Girl planet. The patent holder can prevent my doc- CLASS ACTION FAIRNESS ACT OF Scouts of America. In March 1912, Juliette tor from looking in my body to see if I have 2002 Gordon Low, a visionary from Savannah, GA, that gene. The patent holder can prevent any- formed an organization that has become the one else from doing research to improve a ge- SPEECH OF world’s preeminent organization dedicated netic test or to develop a gene therapy based solely to girls. on that gene. HON. GREGORY W. MEEKS Girl Scouting encourages girls to develop PTO’s grant of total ownership in genes has OF NEW YORK their full potential, to believe in themselves, to already led to some very unusual moral and IN THE HOUSE OF REPRESENTATIVES respect others, and to make a contribution to medical dilemmas. In one well-publicized Wednesday, March 13, 2002 the world around them. In an accepting and case, Miami Children’s Hospital—the owner of nurturing environment, girls build character the gene responsible for the fatal neurological The House in Committee of the Whole and skills for success in the real world. In part- disorder Canavan disease—is being sued by House on the State of the Union had under consideration the bill (H.R. 2341) to amend nership with committed adults, girls develop the families of dead and dying children who the procedures that apply to consideration of qualities that will serve them all of their lives— provided the tissue samples which enabled interstate class actions to assure fairer out- like strong values, a social conscience and the hospital’s researchers to discover the comes for class members and defendants, to conviction about their own potential and self gene’s function. The Canavan parents had outlaw certain practices that provide inad- worth. sought the help of hospital researchers in equate settlements for class members, to as- The Girl Scout Council of Southeast Lou- order to develop testing that was accessible sure that attorneys do not receive a dis- isiana provides a positive impact on our entire and affordable to the public. Instead, when proportionate amount of settlements at the region by the services and activities they pro- Miami Children’s Hospital discovered the expense of class members, to provide for clearer and simpler information in class ac- vide. I salute the adult troop leaders who vol- Canavan gene, it secretly filed a patent and tion settlement notices, to assure prompt unteer their time to serve as role models for now prevents doctors from testing or exam- consideration of interstate class actions, to the thousands of Girl Scouts in our commu- ining patients for the gene without paying the amend title 28, United States Code, to allow nity. As the father of a Brownie, I see first hospital a fixed royalty fee, even though those the application of the principles of Federal hand the enjoyment and enrichment that Girl doctors could do so without using any product diversity jurisdiction to interstate class ac- Scouting provides. or device invented by MCH. The Canavan tions, and for other purposes. Could Juliette Gordon Low have known in families claim that the terms under which the Mr. MEEKS of New York. Mr. Chairman, in 1912 when she sold her pearls to give Girl hospital is licensing use of the gene are slow- an age when corporate wrongdoing is a daily Scouting financial backing that millions of girls ing progress into finding a cure or therapy for front page headline, now is not the time for would benefit from her generosity? She would the disease.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.023 pfrm01 PsN: E14PT1 E354 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 In another example, several European lab- American Medical Association found that a medical innovation will be stifled by this ap- oratories have refused to recognize—and are majority of geneticists are being denied ac- proach, I would point out that surgeons have attempting to overturn—a patent held by a cess to colleagues’ data. The JAMA study been refining their techniques for centuries U.S. company on a gene that is strongly concluded that withholding data may hinder without patent protection. Furthermore, many linked to breast and ovarian cancer. The pat- scientists’ ability to replicate the results of pub- genetic advances have and will continue to be ent holder requires that all tests be shipped to lished studies and to pursue their own re- made without the allure of profits. Dr. Francis its lab in the United States under the theory search, and may hurt the education of new Collins discovered and patented a cystic fibro- that it has the most accurate genetic test scientists. Creating a research exemption sis gene at the University of Michigan over ten available. However, at least one European lab would make genetic patent law comparable to years ago. Dr. Collins, the current director of found additional mutations for which the patent copyright law, which has a ‘‘fair use’’ defense the Federal gene-mapping effort, was not mo- holder was not testing. European geneticists that permits socially valuable uses without a li- tivated by profits and neither was the univer- claim that the testing fee charged by the pat- cense. sity. That test is broadly licensed today at a ent holder ($2,680) is exorbitant, since they It is important to note that this section would nominal fee and remains an easily affordable can offer an even more sophisticated test for not overturn the commercial rights of patent service available to thousands of expectant half that price, and that the terms of the gene holders. If a research utilizing the exemption parents. license are choking off discovery of other makes a commercially viable finding, he or INFORMATION DISCLOSURE medically important mutations of the gene. she would still have to negotiate any rights to Section 4 of the bill would require public dis- In yet another example, a U.S. firm obtained market the new discovery with the patent hold- closure of genomic sequence information con- a patent on a gene by specifying its sequence er. tained within a patent application when federal and its possible importance in a number of DIAGNOSTIC USE EXEMPTION funds were used in the development of the in- diseases. The firm did not mention AIDS in its Section 3 would exempt medical practi- vention. The data would be released within 30 patent application. Several research groups tioners utilizing genetic diagnostic tests from days of patent filing, rather than the current 18 subsequently discovered the gene’s impor- patent infringement remedies. This section months. tance in the AIDS infection mechanism. These builds on a provision in patent law, enacted in This provision is one that should be applied groups now have to deal with the gene’s pat- 1996 after its passage in the House by an broadly to federally funded research programs, ent holder to develop their discoveries, even overwhelming majority, which exempts health although I have limited it to genomic data in though that owner had no idea of the gene’s care providers from patent infringement suits this bill. Legislation enacted in the 1980’s en- relevance to AIDS. In a final example, Jona- when they use a patented medical or surgical abled universities and small businesses to pat- than Shestack, the producer of the movie Air procedure. The 1996 law was authored by two ent discoveries made with federal funding—a Force One, began raising money to fund au- legislator/doctors—Representative GANSKE change in patent law that has driven much tism researchers. He learned that progress and Senator FRIST—and eliminated the dis- high-technology innovation in the U.S. econ- was slow because certain researchers were tasteful possibility that doctors would use a omy. Section 4 would not affect the patent hoarding patients’ tissue samples. They want- less safe surgical procedure rather than risk rights of these universities and small busi- ed to be the first ones to find the gene and infringing a patent. nesses. It would, however, require that genetic gain commercially. Some biotechnology companies and re- data in a patent application be disclosed These and other similar results from the pat- searchers argue that monopolistic control of promptly through normal scientific channels, enting of human genes have led many in the genetic diagnostic tests is essential. They both to preclude wasteful duplication of effort medical and religious communities to conclude claim that without significant investment—in- by other research teams and to promote broad that patents should simply not be granted on vestment made possible only by the prospect dissemination. Since the public funded the re- human genetic sequences. Prohibiting gene of total control of the diagnostic revenues—the search, it seems only reasonable that the pat- patents would of course require a major tests never would have been developed in the ent applicant be asked to share the publicly change to the patent law, an unlikely outcome first place. funded results as broadly and as quickly as given the biotechnology industry’s strenuous This argument begs the question of whether possible. assertion that gene patents are essential to current patenting policies are in fact serving THE ‘‘GENOMIC SCIENCE AND TECHNOLOGY INNOVATION genetic and medical innovation. This is an in- the broader interests of patients. In my view, ACT OF 2002’’ teresting but debatable proposition. The two they are not. Costs for patented tests can be- This bill provides for an in-depth study by bills that I am introducing today, however, do come prohibitive, especially when licensing the White House Office of Science and Tech- not directly challenge the viability or legality of fees are stacked through a series of tests. Ne- nology Policy on the impact of Federal poli- gene patents. What I seek to do, rather, is to gotiating licenses and fees can be time-con- cies, especially patent policies, on the rate of carve out some limited exemptions to the ap- suming and can limit genuine medical innovation, the cost, and the availability of plicability of gene patents. These exemptions progress. And most importantly, control of genomic technologies. are designed to minimize some of the nega- testing protocols and results in a single labora- A 5–4 Supreme Court ruling in 1980 opened tive impacts of patents on the practice of med- tory can retard medical knowledge, which has the door for gene patents, which have been icine and the advancement of science. They historically progressed through the free ex- central to the development of the U.S. bio- aim to broaden the availability and usefulness change of information among the entire med- technology industry. Ever since, except for a of gene-based diagnostics in the overall health ical community. The prospect of owning a few minor changes like the Ganske-Frist care system, while allowing essential medical profitable genetic test may indeed drive some amendment, genes and other genetic se- progress to continue unabated. early innovation, but monopolistic control of a quences have been treated pretty much like The ‘‘Genomic Research and Diagnostic Ac- genetic test will ultimately stifle innovation. chemicals by the Patent Office. This is not cessibility Act of 2002’’ has three major provi- I have referred to some of the problems that surprising because the Patent Office responds sions. patents have caused in the field of genetic to the will of the Congress and the courts. RESEARCH EXEMPTION diagnostics. In a February 7, 2002 article in What is surprising is that there has been al- Section 2 exempts from patent infringement the journal Nature, four U.S. bioethicists con- most no thoughtful or scholarly study of the ef- those individuals who use patented genetic cluded that ‘‘gene patents affect the cost and fect of human gene patenting on either sci- sequence information for non-commercial re- availability of clinical-diagnostic testing.’’ One entific progress or the overall health care sys- search purposes. This provision would apply of the authors, Mildred Cho from Stanford Uni- tem. Do patents serve patients well? Do they to all genetic sequence patents, not just versity, has conducted broader surveys sug- help or hinder scientific progress? Do they human gene patents. Contrary to the under- gesting that nearly half of all diagnostic labs promote innovation? These are fundamental standing of many scientists, patent law does have been forced to quit doing certain tests questions that would perhaps have engaged not protect from patent infringement scientists because of gene patents. This is not an out- the attention of the Office of Technology As- doing basic, fundamental, non-commercial re- come that promotes broad, fairly priced diag- sessment had the Congress not foolishly abol- search when they use patented tools, tech- nostic medicine. ished it in 1995. The Human Genome Pro- niques, and materials. Surveys performed by I believe that the interests of patients and gram, who has spent nearly $100 million over researchers at Stanford University have shown the overall health care system in this country the past 10 years on ‘‘Ethical, Legal, and So- that many universities and hospitals are avoid- will be far better served if laboratories, univer- cial Implications’’ of the genome project, has ing promising genetic research areas because sities, and the private sector are free to use funded almost nothing in this area. Meanwhile, of patent infringement concerns. Another study patented information for the development of the Patent Office continues to review and published earlier this year in the Journal of the diagnostics tests. To those who argue that grant patents, almost by blind momentum

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.027 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E355 alone, without serious consideration of wheth- groups, religions and creeds were brutally Ms. Torreano’s and SBC’s commitment and er these human gene patents are helping us murdered by terrorists, and; support of the communities where they serve Whereas, members of the New York City achieve our broader societal goals. Fire Department, New York City Police De- is, indeed, commendable. Congress has the ability to change the pat- partment, Port Authority and other Public Mr. Speaker, I ask my colleagues to join me ent law if it is not serving the public interest. Safety Personnel, through their valiant, cou- in honoring the commitment of SBC Ameritech We do so in small or large ways nearly every rageous and heroic efforts saved the lives of Michigan and its President, Gail Torreano, to Congress. It is clearly time to review whether thousands under unprecedented destructive the community of Oak Park and the Business this body of law is working. It is obvious from circumstances, and; and Education Alliance. Whereas, more than 300 New York City some of the anecdotes that I have cited that f the current system is causing strains. Many Firefighters lost their lives in the effort to save others, and CHINA’S MILITARY EXPANSION labs and universities are steering in the bio- Whereas, Congressman Major R. Owens and medical sciences is becoming increasingly the people of the 11th Congressional District sticky. Genetic tests could become prohibi- salute the bravery and dedication of all who HON. BOB SCHAFFER tively costly or inaccessible, or could become gave their full measure of devotion, and; OF COLORADO Whereas, we deem it appropriate to high- engulfed in wasteful, legalistic cross-licensing IN THE HOUSE OF REPRESENTATIVES scrimmages. light the courage and valor of individuals and groups in a variety of forms and cere- Thursday, March 14, 2002 This bill would direct the OSTP, through the monies. Now therefore be it Mr. SCHAFFER. Mr. Speaker, I rise today National Academy of Sciences if it wishes, to Resolved: That on this 10th Day of March, study these issues, to report to the Congress Two Thousand and Two, Congressman Major to discuss an issue of utmost importance to with its findings, and to lead the development R. Owens, and representatives of the people our national security. On Tuesday, March 5th, of Federal policies based on these findings. of the 11th Congressional District, pause to the Washington Post reported the People’s This would be the first systematic study of salute the sacrifices of these honored men, Republic of China has increased its military where human gene patenting policy is taking and to offer their heartfelt condolences to spending by over 17% for the second con- families of these African American Fire- us, and it is long overdue. secutive year. fighters who died at the World Trade Center As I have pointed out many times on the Some may see a contradiction between on September 11, 2001. these two bills—namely, that the second bill That the text of this resolution shall be House Floor, China’s desire is for complete calls for a study of problems for which I have placed in the Congressional Record of the dominance and hegemony in the Asian-Pacific already proposed solutions in the first bill. United States House of Representatives. region. However, I believe there is ample justification Given by my hand and seal this 10th day of Communist China’s attempts to build a nu- for the limited reforms I propose in the ‘‘Re- March, Two Thousand and Two in the Year clear arsenal capable of defeating the United of our Lord. search and Diagnostic Act’’ and that in short States are undeniable. In that regard, the ad- order these steps will be shown to serve the f dition of multiple independently targeted re- entry vehicles is the PRC’s most significant public good. A decision on whether Congress TRIBUTE TO GAIL TORREANO should make even more dramatic changes to threat to the United States. This targeted the genetic patenting regime (for example, by HON. SANDER M. LEVIN spending increase is clearly designed to close making the diagnostic exemption retroactive) the nuclear gap that exists between the United OF MICHIGAN should await further study and discussion. The States and China. IN THE HOUSE OF REPRESENTATIVES study called for in the second bill would pro- China’s military buildup is especially dis- vide us with guidance for those additional Thursday, March 14, 2002 concerting considering its much publicized steps. Mr. LEVIN. Mr. Speaker, I rise today to re- goal of controlling Taiwan. Mr. Speaker, as Abraham Lincoln described the patent sys- flect on the contributions of SBC Ameritech you know, China has said it will take back Tai- tem as ‘‘adding the fuel of interest to the fire Michigan and its President Gail Torreano, as wan by whatever means necessary. Along of genius’’. I am concerned that the current they are both honored on March 22nd by the these lines, Chinese military leaders have Federal patent policy as applied to genetic se- Oak Park Business and Education Alliance for openly questioned whether the United States quences may be smothering the fire of genius. their outstanding work in the community of would be willing to sacrifice Los Angeles in Patents are intended to encourage openness Oak Park, Michigan. The Oak Park Business our attempts to protect Taipei. We must be and to prevent trade secrets. Current policy, and Education Alliance was established in prepared to defend ourselves against this type however, appears to be inhibiting research 1993, and is a nonprofit organization of edu- of overt aggression. and information sharing, and choking off inno- cators, businesses and government entities Mr. Speaker, this is why I have been so ve- vation and the broad availability of novel ge- that provide assistance to the Oak Park hement in articulating the need to act deci- netic technologies. I hope that the two bills School District to improve the individual edu- sively to build a ballistic missile defense. The being introduced today will serve to focus at- cation experiences of students and prepare fact that our country remains completely vul- tention on these issues. More importantly, I them for the modern workforce. nerable to a ballistic missile attack is a reflec- hope that they will ensure that the fantastic Ms. Torreano’s career and other accom- tion of our lack of political will to build an ade- advances in medical genetics are fully har- plishments demonstrate her strong commit- quate defense. The technology for a ballistic nessed for the benefit not just of patent hold- ment to community activism. A graduate of missile defense is available, and has been for ers, but also of the broader public. Central Michigan University, she has served years and even decades. It is obvious China f as Associate Director of the Michigan Special will neither lay aside its obsessive quest to Olympics in Mount Pleasant. Among the many build and maintain an offensive nuclear missile PROCLAMATION RECOGNIZING boards she has served on are the Detroit program, nor cut its massive military spending. FIRE-FIGHTER GERALD L. Chamber of Commerce, Detroit Chapter for There is only one acceptable response to this BAPTISTE—LADDER NO. 9 the NAACP Fight for Freedom Fund dinner for threat. We need to fully fund a robust ballistic 2002, Michigan Virtual University, and the missile defense program, encompassing a va- HON. MAJOR R. OWENS Economic Club of Detroit. riety of technologies and defenses, and we OF NEW YORK SBC Ameritech Michigan has been the re- must accomplish this without delay. IN THE HOUSE OF REPRESENTATIVES cipient of numerous honors and awards in- Mr. Speaker, at this point in the Record I Thursday, March 14, 2002 cluding the Michigan Deaf Association ‘‘Em- submit the text of the March 5th article to ployer of the Year’’ in 2001 for their contribu- which I have been referring. I commend this Mr. OWENS. Mr. Speaker, as a Tribute to tion to the professional growth and develop- article to our colleagues and all observers of Firefighter Gerald L. Baptiste of Ladder Num- ment of its deaf and hard of hearing employ- these proceedings. ber 9, a member of the Vulcan’s Society and ees. They also received the highest com- one of the fallen heroes of September 11th, I [From the Washington Post Foreign Service, mendation from the NAACP 2001 Tele- would like to insert the following proclamation Mar. 5, 2002] communications Report Card—a program into the record: CHINA RAISES DEFENSE BUDGET AGAIN aimed at measuring corporate America’s com- Whereas, September 11, 2001 was a day of (By John Pomfret) horror and tragedy that will forever live in mitment to people of color. In addition, the BEIJING.—China will announce another 17 the memory of Americans, and; American Society on Aging and the National percent rise in defense spending this week, Whereas, more than 3,000 people from Minority Supplier Development Council named completing a one-third increase in acknowl- many occupations, nationalities, ethnic SBC ‘‘Corporation of the Year’’ in 2000. edged military expenditures over the last

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.031 pfrm01 PsN: E14PT1 E356 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 two years, Chinese and other Asian sources creative and motivated guerrilla fighters. It ther because they are broken or because the said today. has become rigid, bureaucratized and slow.’’ pilots lack the skill to fly them. ‘‘Their men The increase reflects Beijing’s ambition to Morale problems are reflected regularly in are 20 years behind ours in terms of their build a powerful military to complement its the People’s Liberation Army Daily, the skill at handling and repairing these sophis- robust economy and underpin its strategic army’s newspaper, where complaints about ticated machines,’’ he said. ‘‘This gap in per- position in Asia. But despite more than a bad pay, lack of vacation time and poor sonnel is not easily closed.’’ decade of big jumps in the defense budget, training are routine. Last week, the mili- China’s purchases of the Sovremenny-class Asian and Western military officers and Chi- tary, responding to years of complaints, destroyers were touted as another sign of nese sources said the 2.5-million-member promised to increase its rations budget by 20 Beijing’s new ability to project force and People’s Liberation Army, the largest stand- percent, the newspaper reported. challenge U.S. influence in Asia. But at- ing fighting force in the world, is struggling Once a route out of the countryside for tempts to purchase an early warning radar with its modernization program, handi- smart young men, the army no longer can system failed in July 2000 when the United capped by low pay, poor morale and dif- attract the talent it needs, Chinese sources States blocked Israel from selling China an ficulty absorbing new weapons. said, because other opportunities have arisen II–76 aircraft equipped with AWACS–style Finance Minister Xiang Huaicheng will an- with economic reforms. Among the upper radar, a system Israel calls the Phalcon. nounce an increase of around 17.6 percent in levels of society, an army career is almost a ‘‘Without the Phalcon,’’ said a Western at- defense spending when he details China’s joke. Practically no students from Beijing or tache′, ‘‘the Sovremenny is a sitting duck.’’ budget on Wednesday during a meeting of Qinghua universities, China’s most pres- the legislature, Chinese sources, Asian dip- tigious, consider a career in the military, Mr. Speaker, while China’s military expan- lomats and Chinese-language media reports which pays a colonel less than $350 a month. sion poses a real threat to the United States, said. China increased defense spending by Reform-minded senior Chinese military of- we have the technology to build a real missile 17.7 percent last year; the jump this year will ficers regularly compare the army to a state- defense shield, and should be directing the bring its publicly acknowledged defense owned enterprise burdened by aging, necessary funds to build and deploy such a budget to $20 billion. untrainable workers. ‘‘What can you do with China’s real defense spending, including someone who is 45 and has grown up in the system without delay. funds expended but not reported, is consid- old PLA?’’ said one Chinese major general. ered the highest in Asia, considerably more ‘‘There are thousands of people like this. f than the $45 billion spent annually by Japan. Many are officers, and because we can’t do By comparison, the Bush administration has anything with them, our younger officers are PAYING TRIBUTE TO ANN SHEETS proposed a $379 billion defense budget for the angry and leaving the service.’’ next fiscal year. A good percentage of training, up to 30 per- Beijing explained its increase last year as cent in some cases, is taken up with political HON. SCOTT McINNIS a response to ‘‘drastic changes’’ in the mili- indoctrination, Chinese sources said. ‘‘Polit- OF COLORADO tary situation around the world, a reference ical reform is not just necessary for the to the U.S.-led war in Kosovo in 1999. This economy to grow faster,’’ said one former of- IN THE HOUSE OF REPRESENTATIVES year, sources said, Beijing needs more money ficer who recently left the army because it March 14, 2002 to bolster its nuclear forces following the lacked opportunities. ‘‘It’s a prerequisite for Bush administration’s decision to withdraw military modernization, too.’’ Mr. McINNIS. Mr. Speaker, it is with pro- from the Anti-Ballistic Missile Treaty and As a result, Chinese soldiering suffers. found sadness that I pay tribute today to Ann continue work on a missile defense system. Western military officers in Beijing said one Sheets, an incredible woman who tragically China has often voiced concern that, if the reason China is so reticent about partici- passed on much too soon. She was loved by United States builds a missile shield, the pating in U.N. peacekeeping is that its units each and every person whose life she Chinese nuclear force would lose its strategic are incapable of operating independently. deterrent without more and better warheads In peacekeeping, the basic unit is a pla- touched, and will be sorely missed by all who and delivery vehicles. toon, about 10 to 20 troops. ‘‘But they cannot knew and loved her. She was a person of un- China’s main modernization efforts, how- function as a platoon,’’ said a Western offi- questioned integrity and of unparalleled moral- ever focus on turning the People’s Liberation cer. ‘‘Once they are detached from the moth- ity, and it is my hope that her life will serve as Army from an army of farmers into a mod- er ship, they freeze up. In peacekeeping, if a model to the many children she so lovingly ern, streamlined fighting force and to aban- you don’t have smart people commanding taught, as she is truly an inspiration to us all. don the People’s War doctrine, which in- your small units, the situation can turn cat- As her family mourns her loss, I believe it is volves basic guerrilla tactics in favor of astrophic very fast.’’ appropriate to remember Ann and pay tribute more traditional doctrines used by world More broadly, the PLA’s reputation still to her for her warm heart, and her many con- powers. has not recovered from the killings around The goal, according to Pentagon reports, is Tianamen Square during the pro-democracy tributions to her community and her state. to become a ‘‘regional hegemon,’’ project demonstrations of 1989. The PLA’s efforts to Ann lived her life in a manner befitting the Chinese power into any corner of Asia, pro- save people during floods in the summer of friendship and love bestowed upon her by her tect sea lanes for Chinese oil, replace the 1999 helped for a while. But, simultaneously, colleagues, students, friends and family. She United States as the preeminent power in many stories arose of local military leaders was raised in Steamboat Springs, where she the region and use Chinese power to guar- leading smuggling rings. graduated from high school. She went to work antee reunification with Taiwan. Jokes about corruption in the military and at Junction Square, where she continued to To do so, China has embarked on a shop- its obsession with politics are now routine. ping spree for weapons from Russia, Israel When Japanese Self-Defense Forces sank an work while attending college at Mesa State. and South Africa and a worldwide hunt for intruding vessel, believed by Tokyo to be a Eventually, Ann became a librarian at technology to improve its nuclear weapons North Korean spy boat, inside China’s 200- Chatfield Elementary School, where her love and rocketry programs. China was the mile exclusive economic zone in December, for children and education enabled her to world’s biggest arms importer in 2000, ac- China’s navy did not dispatch a ship to mon- excel, and make her a favorite with everyone cording to the Stockholm International itor the incident. ‘‘They must have been involved in the school. She was able to touch Peace Research Institute. It will probably be busy,’’ the punch line went, ‘‘studying the the lives of students each and every day by so again in 2001 and 2002, analysts say. ‘Three Represents’ [the latest political phi- sharing her love of reading. It is no small feat Starting in 1997, China shed 500,000 troops losophy of President Jiang Zemin] or smug- from the army, transferring them to the gling.’’ to turn children on to reading, but Ann was People’s Armed Police, which deals with in- China’s military acquisitions have been able to do it with the same ease and grace ternal security. It has also launched an am- substantial. Recent Russian weapon and that was the hallmark of her life. bitious program to enhance training, edu- equipment sales have included 72 Su–27 fight- Mr. Speaker, we are all terribly saddened by cation and living standards for the men and er-ground attack aircraft; 100 S–300 surface- the loss of Ann Sheets, but take comfort in the women currently in uniform. to-air missiles; 10 II–76 transport aircraft; knowledge that our grief is overshadowed only Chinese analysts consider morale a major four Kilo-class submarines and two by the legacy of courage, selflessness and problem for the army. One Western military Sovremenny-class destroyers. China has also attache who has had links with the Chinese signed a contract to assemble at least 200 love that she left with all of us. Ann Sheets’ military since the 1980s described the army more Su–27s at the Shenyang Aircraft Corp. life is the very embodiment of all that makes as facing a ‘‘spiritual crisis.’’ in northeastern China. this country great, and I am deeply honored to ‘‘It has lost its revolutionary elan,’’ he But an Asian military officer estimated be able to bring her life to the attention of this said. ‘‘It is no longer a tough, ragtag force of that 60 percent of the Su–27s cannot fly, ei- body of Congress.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.035 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E357 IN HONOR OF GIRL SCOUTS CDR Speicher or his remains at the end of the importantly, human lives on all Federal forest gulf war; and they delayed an investigation lands. I ask unanimous consent that the reso- HON. LORETTA SANCHEZ into the crash site until they had time to pick lution be printed in the RECORD following my OF CALIFORNIA it over. Scott Speicher is the only American remarks. IN THE HOUSE OF REPRESENTATIVES unaccounted for from the gulf war, but there are many unaccounted personnel missing f Thursday, March 14, 2002 from other conflicts. We need to renew our ef- IN HONOR OF JASON DEAN Ms. SANCHEZ. Mr. Speaker, I rise to honor forts to locate those who gave all in service of CUNNINGHAM the Girl Scouts of the USA who are cele- their country, and return them to their families. brating their 90th anniversary this week. Girl f Scouts of the USA is the world’s preeminent HON. ELTON GALLEGLY organization dedicated solely to girls. INTRODUCTION OF WILDFIRE OF CALIFORNIA There are 3.7 million Girl Scouts—2.7 mil- RESOLUTION IN THE HOUSE OF REPRESENTATIVES lion young women and 915,000 adult mem- Thursday, March 14, 2002 bers. The first group of Girl Scouts was orga- HON. RICHARD W. POMBO Mr. GALLEGLY. Mr. Speaker, I rise to honor nized by Juliette Gordon Low, the founder of OF CALIFORNIA the heroic memory of Air Force Senior Airman the Girl Scouts, on March 12, 1912. The Girl IN THE HOUSE OF REPRESENTATIVES Jason Dean Cunningham, who died March 4, Scouts were chartered by the U.S. Congress Thursday, March 14, 2002 on March 16, 1950. 2002, during a firefight with America’s en- Girl Scouts help girls develop their full indi- Mr. POMBO. Mr. Speaker, After seeing the emies in the mountains of eastern Afghani- vidual potential; relate to others with increas- destruction that happened last year during the stan. Airman Cunningham is to be laid to rest ing understanding, skill, and respect; and con- fires seasons, I concluded that Congress must today in Arlington National Cemetery. tribute to the improvement of society through be prepared to respond to these catastrophic Jason lived briefly in my district with his their abilities, leadership skills, and coopera- events before the 2002 wildfire season begins. wife, Theresa, and her parents, Lucy and Lito tion with others. With myriad enriching experi- When forests catch fire, a catastrophic DeCastro, in Camarillo, CA. Jason’s parents, ences, such as fields trips, sports, skill-build- event occurs. These types of fires are ex- Lawrence Dean and Jackie Cunningham, hail ing clinics, community service projects, cultural tremely intense. The fires literally destroy from Gallup, NM. Theresa joined the Navy exchanges, and environmental stewardships, every sign of life and can rage for thousands after graduating from Rio Mesa High School the girls are able to fulfill the Girl Scouts mis- of acres. The costs of fighting these fires are and met Jason while both were stationed in sion. astronomical. During the 2001 wildfire season, Italy. Please join me in honoring the Girl Scouts 81,681 fires burned 3,555,138 acres that killed At that time, Jason also served in the Navy. 1 for their continued effort in making girls grow 15 firefighters and threatened rural commu- He switched to the Air Force 2 ⁄2 years ago to stronger and develop their full potential. nities nationwide. The year before in 2000, become a pararescueman—a paramedic who has trained at a special forces levels. Jason f more than 7.4 million acres burned—equiva- lent to a 6-mile-wide swath from Washington, underwent 2 years of intense training in air- ON THE FATE OF LCDR MICHAEL DC to Los Angeles, CA. These fires destroyed borne, scuba and survival schools, search and ‘‘SCOTT’’ SPEICHER, USN, AND 861 structures and cost the Federal govern- rescue, and, of course, medical training to join AMERICA’S MISSING IN ACTION ment $1.3 billion in suppression programs. this elite group of lifesavers. He was assigned Quite simply, our Federal strategy to handle to the 38th Rescue Squadron at Moody Air HON. J. RANDY FORBES catastrophic wildfire is not adequately ad- Force Base, near Valdosta, GA. OF VIRGINIA dressing a looming crisis. The Federal Gov- By all accounts, Jason was a dedicated and IN THE HOUSE OF REPRESENTATIVES ernment must take action to prevent the loss skilled airman, and a dedicated and loving of wildlife habitat and protect rural commu- family man. He and Theresa have two daugh- Thursday, March 14, 2002 nities. ters, Kyla, 4, and Hannah, 2. Mr. FORBES. Mr. Speaker, I am very dis- This is why I am asking you to please join On March 4, he and six others died trying traught today over our failure to resolve the me in cosponsoring this Wildfire Resolution to rescue a Navy SEAL. It is important to re- disappearance of LCDR Michael Scott expressing the Sense of the U.S. Congress to: member them as well, for they fought by Ja- Speicher. Commander Speicher was the first (1) fully implement the Western Governors As- son’s side and will be with him for all eternity: American lost in the 1991 gulf war. His F/A– sociation ‘‘Collaborative 10-year Strategy for Sgt. Bradley Crose, 22, of Orange Park, Flor- 18 Hornet was shot down west of Baghdad in Reducing Wildland Fire Risks to Communities ida; Spc. Marc A. Anderson, 30, of Brandon, the early morning hours of January 17. After and the Environment’’ and (2) to prepare a Florida; Pfc. Matthew A. Commons, 21, of Kuwait was liberated and the tenuous cease- National Prescribed Fire Strategy that mini- Boulder City, Nevada; Petty Officer 1st Class fire agreement reached, the Iraqi Government mizes risks of escape. America needs to know Neil Roberts, 32, of Woodland, California; returned remains of a person that was sup- Congress understands the forest-health crisis Tech. Sgt. John A. Chapman, 36, of Windsor posed to be Commander Speicher. DNA and is causing these fires and that Congress is Locks, Connecticut; and Army Sgt. Philip J. blood type testing would reveal that it was not. taking action. Svitak, 31, of Joplin, Missouri. Years later, after a debate over whether Com- In managing our forests, it is very important Jason is the second serviceman from my mander Speicher was killed in action or simply to remember that they are in constant trans- district to die in Afghanistan since the hos- missing, intelligence sources now believe that formation. A particular forest now will look tilities began. Special Forces Staff Sgt. Brian Commander Speicher may be alive and a pris- much different in 10 years, and in about 50 Cody Prosser of Frazier Park, CA, died in Af- oner of Iraq. years will not even look like the same forest. ghanistan in December. Considering the rel- America has a moral obligation to every Sol- Sometimes a forest can get overpopulated atively low casualty rate so far, that’s a high dier, Sailor, Airman, Marine, and Coast with trees. percentage for a congressional district. But the Guardsmen that it sends into harm’s way to While some trees become diseased creating people in my district were patriotic long before accurately determine their fate and expend all enormous amount of fuel that leads to cata- September 11. They believe strongly in free- efforts to return their remains to their families. strophic fires. dom and know deep in their hearts that free- Scott Speicher’s family doesn’t have closure Reducing forest density and improving the dom often comes with a price. Jason and because no search and rescue mission was ability of healthy forests to survive expansive Brian joined the military to protect their fami- ever launched. When a covert mission was wildfires must become the No. 1 priority for lies, friends and neighbors from America’s en- proposed to go into Iraq in 1994 to investigate Federal forest managers. This is not a timber emies. We forever will be grateful. the crash site, a senior Pentagon official said, industry issue—it is a forest-health issue. Mr. Speaker, we are deeply saddened by ‘‘I do not want to have to write letters home to Thinning practices necessary to ensure our the loss of Jason Dean Cunningham but our the parents to tell them that their son or forests are able to survive future catastrophic resolve is strong. Our enemies must know that daughter died looking for old bones.’’ Who will wildfires must begin without further delay. when they attack us they will be destroyed. write the letter to Scott Speicher’s family ex- It is time for Members of Congress to set I ask my colleagues to join me in sending plaining why he may still be alive? aside political rhetoric and make the tough de- our heartfelt sympathy to Jason’s family and to We cannot trust the Iraqis to help us. The cisions necessary to end catastrophic losses all those who have lost loved ones in the pur- Iraqi government has already failed to deliver of wildlife habitat, forest resources and most suit of freedom.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.040 pfrm01 PsN: E14PT1 E358 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 HONORING OUR NATION’S FARM- Girl Scouting began on March 12, 1912. York Giants v. Kansas City Chiefs game at Ar- ERS AND CELEBRATING NA- The founder Juliette Gordon Low assembled rowhead Stadium, and witnessed an emotional TIONAL AGRICULTURE WEEK 18 girls from Savannah, Georgia, for a local tribute and the generosity as I, along with my Girl Scout meeting. The group was brought to- firefighters, collected donations from fans. I HON. DOUG OSE gether because of her belief that all girls consider this a privilege especially after having OF CALIFORNIA should be given the opportunity to develop witnessed the devastation of ground zero. The IN THE HOUSE OF REPRESENTATIVES physically, mentally and spiritually. representatives from New York who are par- Thursday, March 14, 2002 The Girl Scouts’ mission is to help all girls ticipating in the Kansas City St. Patrick’s Day grow strong. To that end, Girl Scouting em- Parade and the people of New York have the Mr. OSE. Mr. Speaker, next week, March powers girls to develop to their full potential; respect and admiration of us all. 17, 2002, we celebrate National Agriculture relate positively to others; develop values that Mr. Speaker, as we celebrate St. Patrick’s Week. From the apple orchards of upstate provide the foundation for sound decision- Day, I will participate as one of over 200 en- New York and cattle ranches of Texas, to the making; and contribute to society. Through the tries in the third largest parade in the Nation. farm belt of the Midwest and rice fields of Cali- years, the Girl Scouts have continued to ad- As a proud American, I ask that you join the fornia, we are a nation built by farmers and dress contemporary issues affecting girls, citizens of Kansas City as we salute our he- ranchers. We take this week to honor those while maintaining its core values. The organi- roes of 9/11 and especially our honored who produce our food and fiber, and to call at- zation’s foundation is still based on the Girl guests from New York participating in the pa- tention to what needs to be done to protect Scouts’ Promise and Law, just as it was in rade: our agricultural heritage, our way of life and From the Port Authority: Officers Frank our safe and plentiful food supply. It is the 1912. Today, the Girl Scouts of America has a Dowd, Bob Moore, Brian Dunwoody, John strength of this agricultural community that has O’Donnell, and Patrick Harty. made the United States the ‘‘bread basket of membership of 2.7 million girl members and over 900,000 adult members. In the state of From the New York Police Department: De- the world.’’ tective Steve Eizikowitz, Detective Mike Davis, My home of California is our nation’s most Arkansas the Girl Scouts is 18,000 girl mem- Kevin Douthit, and Patrick Kelly. productive agricultural producers, producing bers and 7,000 adult members strong. They From the Fire Department of New York: more than $27 billion worth of product each promote many beneficial programs, such as Lieutenant Joe Huber, Carl Punzone, Bob year. The people of our state and nation ben- in-school scouting, and also promote qualities Fraumeni, and Josh Lomask. efit from this agricultural bounty every day in including diversity and responsibility. This pro- Mr. Speaker, I ask my colleagues to join me affordable, high-quality food, fiber, flowers and gram is one of the few private programs to still today in honoring our first responders through- forest products. teach patriotism and the democratic process. Farmers are good stewards of the land and The qualities that girls learn from this organi- out the United States, as we observe the cour- take pride in their work to protect the environ- zation helps to guarantee a brighter future for age of St. Patrick. ment. Farmers and ranchers care for the land Arkansas and the United States of America. f in many ways—from sustainable forestry prac- Mr. Speaker, thank you for giving me the CONGRATULATING THE GIRL tices to sound and safe pest management pro- opportunity to honor the Girl Scouts of Amer- SCOUTS OF THE USA ON THEIR grams and grazing programs. ica. 90TH ANNIVERSARY Farmers are also good conservationists, and f have written the book on doing more with less. In the last 30 years, agriculture’s share of STATEMENT IN HONOR OF ST. HON. DANA ROHRABACHER water has remained constant, but farmers and PATRICK’S DAY AND OUR SEP- OF CALIFORNIA ranchers have boosted production on a ton- TEMBER 11TH FIREFIGHTERS IN THE HOUSE OF REPRESENTATIVES nage basis an impressive 67 percent during Thursday, March 14, 2002 the same period. Farmers provide habitat for HON. KAREN McCARTHY Mr. ROHRABACHER. Mr. Speaker, as Co- many species of wildlife, including the water- OF MISSOURI Chairman of the Congressional Scouting Cau- fowl of the Pacific Flyway. Many farmers are IN THE HOUSE OF REPRESENTATIVES cus I wish to congratulate the Girl Scouts of working towards better and more environ- Thursday, March 14, 2002 the USA on the occasion of their 90th anniver- mentally friendly methods of pest control— sary. such as box homes for bats and barn owls, or Ms. MCCARTHY of Missouri. Mr. Speaker, When I was a boy, I thought girls were icky. pest resistant plants and bacteria that combat on March 17, 2002 the people of Kansas City And as a boy I thought all Girl Scouts did was pests while reducing the reliance on pes- will once again participate in the wearing of camp, sell cookies and do crafts. Well, I have ticides. the Green and celebrate our Irish heritage. dramatically changed my opinion about girls, In addition to their environmental benefits, The tradition dates back to the 1800’s and has and the Girl Scouts have changed as well. farmers, ranchers, vintners and other mem- grown to the third largest St. Patrick’s celebra- Today, the Girl Scouts is three million girls bers of the agricultural community are an im- tion in the United States. This will be a St. strong, with 900,000 adults volunteers. Girl portant part of California’s economy. A Univer- Patrick’s Day Parade like no other as partici- Scouts now can earn merit badges that de- sity of California study recently found that pants and spectators will be wearing green, velop skills in chemistry, math, marketing, farmers generate about $59 billion in personal but seeing red, white, and blue. Our honored sports, computer science, aerospace and the income for Californians or 6.6 percent of the guests will be members of the New York’s environment. stat’s annual personal income. California agri- Port Authority, Police Department, and Fire The Girl Scouts have developed programs culture also contributes 1.1 million jobs to the Department. that deal with the real problems young women state, about 7 percent of the total workforce. On September 11, 2001, these brave first face today. The Girl Scouts are actively work- It is my great honor and pleasure to rep- responders put their lives on the line for indi- ing to discourage teen pregnancy, cultivate resent many of the men and women of Cali- viduals in the World Trade Towers and sur- girls whose parents are incarcerated, mentor fornia Agriculture in this House. Please join rounding structures. We at the Capitol disadvantaged young women and encourage me next week in recognizing their contribu- watched in horror with the plane attack on the academic achievement that will be so crit- tions and thanking them for all they do to Tower II, and felt the impact of the attack on ical in their future. make this great nation what it is today. the Pentagon. The world observed the cour- These programs expose girls from all walks f age and a selflessness of these men and of life to all the wonderful possibilities open to HONORING THE GIRL SCOUTS OF women who rush to danger so that others will them in work, play, and service to others. The AMERICA survive. Americans watched with pride and Girl Scouts develop healthy interests, skills tears cognizant of the loss of life and families and habits that serve young women for a life- that would forever be altered. time. HON. JOHN BOOZMAN As a community, we have witnessed the It is a long, long way from when Juliette OF ARKANSAS bravery of our own first responders. Kansas Lowe founded the Girl Scouts on March 12 of IN THE HOUSE OF REPRESENTATIVES Citians along with the rest of our Nation volun- 1912. But 90 years later the Girl Scouts are Thursday, March 14, 2002 teered their services in the 9/11 rescue efforts. still teaching the basic values contained in the Mr. BOOZMAN. Mr. Speaker, I rise today to Locally, the firefighter’s boot became the Girl Scout law: ‘‘to be honest and fair, friendly pay tribute to the Girl Scouts of America, who means for every citizen to contribute to the re- and helpful, considerate and caring, coura- recently celebrated their 90th Anniversary. lief of the 9/11 survivors. I attended the New geous and strong, and responsible for what I

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.040 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E359 say and do.’’ These basic, timeless values SEC. 2. PROVIDING CAPITOL-FLOWN FLAGS FOR Mrs. Villastrigo immigrated to the United FAMILIES OF LAW ENFORCEMENT prepare our girls to take on the mantle of lead- AND RESCUE WORKERS KILLED IN States from Gomel, Russia, in the 1920s. Her ership as they enter adulthood. And for that, I THE LINE OF DUTY. long record of activism began with union orga- congratulate the Girl Scouts of America for (a) IN GENERAL.—At the request of the im- nizing in Chicago, Illinois, and Pittsburgh, PA. their invaluable contribution to the success of mediate family of a fire fighter, law enforce- A visionary and advocate for peace, Mrs. our girls and the good of America. ment officer, emergency technician, or other Villastrigo helped lead the Women Strike for rescue worker who died in the line of duty, f Peace organization, opposed the Vietnam War the Representative of the family may pro- and challenged the Nixon administration and vide the family with a Capitol-flown flag, to- THE FALLEN HEROES FLAG ACT its policies by protesting at the Washington OF 2002, H.R. 3968 gether with the certificate described in sub- section (c). Monument. (b) NO COST TO FAMILY.—A flag provided In the 1980s, she fought for peace on an HON. BENJAMIN A. GILMAN under this section shall be provided at no even broader scale, helping to lead protests OF NEW YORK cost to the family. against Star Wars and nuclear proliferation. IN THE HOUSE OF REPRESENTATIVES (c) CERTIFICATE.—The certificate described Her passion inspired us all. in this subsection is a certificate which is Thursday, March 14, 2002 Mrs. Villastrigo’s death represents a tremen- signed by the Speaker of the House of Rep- dous loss to the peace community as well to Mr. GILMAN. Mr. Speaker, it is with great resentatives and the Representative pro- viding the flag, and which contains an ex- her family, friends, admirers, and supporters. pride that I introduce H.R. 3968, the Fallen But as we mourn her death, we also remem- Heroes Flag Act of 2002. This Act provides for pression of sympathy from the House of Rep- resentatives for the family involved, as pre- ber the legacy of hope and inspiration Edith a flag flown over our Capitol to the immediate pared and developed by the Clerk of the left behind as a true leader and voice for family of our nation’s brave firefighters, law House of Representatives. peace. enforcement officers, emergency medical tech- (d) DEFINITIONS.—In this section— Her passion and mission for peace show us nicians (EMT’s), and to other relief workers (1) the term ‘‘Capitol-flown flag’’ means a how one person’s vision, dreams and actions whose lives are lost in the line of duty. This United States flag flown over the United can inspire and make a difference for all who Act ensures that our future generations of States Capitol in honor of the deceased indi- seek peace in the world. public servants who may pay the ultimate vidual for whom such flag is requested; and (2) the term ‘‘Representative’’ includes a Mr. Speaker, I would like to extend my price for their service to our communities and deepest condolences to the late Mrs. our nation are accorded the honor, the dignity Delegate or Resident Commissioner to the Congress. Villastrigo’s children, her sister, her grand- and respect that they deserve. SEC. 3. REGULATIONS AND PROCEDURES. children, her friends and supporters through- As we pass the six-month anniversary of the out the world. barbaric terrorist acts perpetrated against the (a) IN GENERAL.—Not later than 30 days after the date of the date of the enactment of To Mrs. Villastrigo—may the world receive people of our great nation, we are reminded, this Act, the Clerk shall issue regulations for the love, peace, and compassion you gave it. once again, of the heroic acts of bravery, de- carrying out this Act, including regulations God Bless. votion to duty and self-sacrifice that our fire- to establish procedures (including any appro- fighters, law enforcement officers, emergency priate forms, guidelines, and accompanying f medical technicians and other relief workers certificates) for requesting a Capitol-flown IN HONOR OF UCI UNDER- rendered to us. Their great heroism was not flag. GRADUATE SCIENCE STUDENTS just exhibited by those who following their res- (b) APPROVAL BY COMMITTEE ON HOUSE AD- cue efforts, re-entered the crumbling buildings MINISTRATION.—The regulations issued by the with the certain knowledge that they would Clerk under subsection (a) shall take effect HON. LORETTA SANCHEZ upon approval by the Committee on House OF CALIFORNIA pay the ultimate price; but for those who la- Administration of the House of Representa- bored at Ground Zero, day after day, search- tives. IN THE HOUSE OF REPRESENTATIVES ing not only for survivors, but for their brave SEC. 4. AUTHORIZATION OF APPROPRIATIONS. Thursday, March 14, 2002 colleagues and our fellow citizens who per- There are authorized to be appropriated Ms. SANCHEZ. Mr. Speaker, today I rise to ished on that day. from the applicable accounts of the House of All too often we take our firefighters, law en- Representatives for fiscal year 2003 and each honor eight undergraduate science students forcement officers, EMT’s, and relief and res- succeeding fiscal year such sums as may be from the University of California, Irvine for their cue workers for granted. The events of Sep- necessary to carry out this Act. award-winning work at the student poster tember 11th provided us with a glimpse into SEC. 5. EFFECTIVE DATE. competition at the American Association for their lives, hard work, excellence, devotion to This Act shall take effect October 1, 2002, the Advancement of Science’s (AAAS) Annual public service and to our communities that our except that no flags may be provided under Meeting. brave public servants give each and every section 2 until the Committee on House Ad- Biological sciences majors Rafael Gonzalez, day. We must never forget the great service ministration of the House of Representatives Matilde Gonzalez, Sylvia Jaramillo, and psy- that they provide to our nation! approves the regulations issued by the Clerk chology major Bonnie Sue Poytress won first of the House of Representatives under sec- place recognition for their posters. Biological Mr. Speaker, as is customary with our fallen tion 3. military heroes, this act will provide the imme- science majors Cheryse Furman, Kathi Lynn diate family member of our fallen public serv- f Hamor, David Hernandez, and Sarah Lopez ants with the symbol of our great nation—our earned honorable mentions for their entries. A TRIBUTE TO THE LATE EDITH flag, as a tribute for the respect, admiration The AAAS is the world’s largest organiza- BRISKER VILLASTRIGO and appreciation that must be accorded to our tion of scientists. The AAAS Annual Meeting brave firefighters, law enforcement officers, offered an interdisciplinary blend of more than emergency medical technicians and our relief HON. BARBARA LEE 130 symposia, plenary and topical lectures, and rescue workers who have made the ulti- OF CALIFORNIA poster presentations and exhibits. The poster mate sacrifice. IN THE HOUSE OF REPRESENTATIVES session included about 300 posters presented Accordingly, I urge all of our colleagues to by national and international undergraduate join as co-sponsors of the Fallen Heroes Flag Thursday, March 14, 2002 and graduate students. Act of 2002, as our way of honoring the work Ms. LEE. Mr. Speaker, I rise today with Scientific posters provide a visual snapshot and lives of our brave, devoted and dedicated great sadness and deep respect in paying trib- of a research project, using a brief amount of fallen heroes. ute to a woman with the courage to envision text and extensive visuals to explain the work. H.R. 3968 a peaceful world. Mrs. Edith Brisker Villastrigo These posters are usually presented with oth- Be it enacted by the Senate and House of Rep- passed away on Sunday, August 26, 2001, in ers of a similar topic and are judged for the resentatives of the United States of America in Silver Spring, MD. quality and originality of the data. Congress assembled, Mrs. Villastrigo’s commitment and dedication I am extremely proud to represent such tal- SECTION 1. SHORT TITLE. to peace in the world, as well as to other ented minds! Please join me in honoring these This Act may be cited as the ‘‘Fallen He- issues affecting women spanned for more eight UCI undergraduate students for their roes Flag Act of 2002’’. than four decades. hard work and achievements.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.044 pfrm01 PsN: E14PT1 E360 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 REMARKS ON CHINA tending goodwill to Taiwan and interest in China has not only developed accurate bal- holding talks, were apparently intended as listic missiles, it is building reconnaissance HON. BOB SCHAFFER propaganda to divide Taiwan’s president from satellites. These satellites include the ZiyuanÐ OF COLORADO his party, and create an impression of goodwill 1 and ZiyuanÐ2 earth resource satellites be- in advance of our president’s visit. lieved to be for observing foreign military IN THE HOUSE OF REPRESENTATIVES Shortly after Qian’s remarks, China’s Vice forces. The ZYÐ2, launched on September 1, Thursday, March 14, 2002 Foreign Minister Li Zhao-xing firmly repeated 2000, is credited with a photographic resolu- Mr. SCHAFFER. Mr. Speaker, our govern- China’s demand that Taiwan accept China’s tion of about nine feet. Other reconnaissance ment’s consideration of China as a force for view of ‘‘one China’’ before it would negotiate satellites include the Haiyang-1 (HYÐ1) ocean peace among its neighbors is impossible to with Taiwan’s duly elected democratic govern- color surveillance satellite expected to be substantiate and is overwhelmingly refuted by ment. He suggested how Qian’s remarks did launched by June 2002, and its follow on the facts. Our own good intentions are not suf- not represent a major softening of China’s po- Haiyang-2 (HYÐ2). ficient to overcome the fact that China is a sition and demand for eventual reunification. Accurate ballistic missiles and the ability ob- force for war, building up its military strength He further noted how Taiwan would be the serve U.S. forces from space will give China in warlike preparations aimed at its Asian most important topic of our Bush’s visit. the potential ability to attack U.S. ships at sea neighbors such as Taiwan, and extending to China’s overtures to Taiwan need to be un- and in port. This capability is being enhanced the United States. derstood in the context of its United Front by China’s development of an integrated com- Policies of engagement with China do not strategy seeking to isolate Taiwan, and divide mand and control system called Qu Dian, excuse a lack of diligence by the United Taiwan’s ruling DPP party by playing on the which relies on its Feng Huo-1 military com- States over China’s ballistic missile threat and economic interests of DPP members who may munications satellite launched on January 26, arms buildup, as well as its failure to abide by have business relations with China. In addi- 2000. Qu Dian, considered a major force mul- non-proliferation agreements such as the one tion, China is continuing to entice Taiwan to tiplier, is similar to the U.S. Joint Tactical Infor- it signed in November 2000 to halt the sale of invest in it, seeking economic and techno- mation Distribution System, or JTIDS, and ballistic missiles and technology for the deliv- logical growth. boasts a secure, jam-resistant, high capacity ery of weapons of mass destruction. In his February Senate testimony, Mr. Tenet data link communication system for use in tac- In February 2002 Secretary of State Colin warned how China’s arms buildup directed at tical combat. In addition to its potential use Powell noted how China’s proliferation of bal- Taiwan represented an increasing risk to the GPS and Glossnas satellite navigation, has listic missiles remained ‘‘an irritation in the re- United States. What may not be as apparent developed its won Beidou navigation satellites. Along with a integrated command and con- lationship’’ between it and the United States. is how China’s buildup of intermediate and trol system, China’s improvements in inertial This irritation understates China’s reliance on long-range ballistic missiles, including the and satellite-aided navigation of ballistic mis- ballistic missiles as a key component of its road-mobile, solid-fuel DFÐ31 ICBM, threaten siles with potential breakthroughs in ballistic military power, including their use as precision the United States and U.S. forces in the Pa- missile terminal guidance will give it a new weapons capable of deep penetration without cific. form of precision attack, faster than relying of the delivery of weapons of mass destruction— These intermediate and long-range ballistic cruise missiles or aircraft. conventional warfare. missiles form part of China’s Long Wall Project as explained by the Taipei Times in The effect of China’s ballistic missiles deliv- In February 2002 CIA Director George ering a surprise blow must not be under- Tenet, in testimony before the U.S. Senate, May 2001: The Long Wall Project is aimed at the US, emphasized. This type of attack, capable of warned about China’s increasing military being carried out with non-nuclear warheads, power, saying, not Taiwan. The Chinese military leadership plans to put longer-range ballistic missiles represents a new form of conventional warfare Over the past year, Beijing’s military in the southwestern provinces so that they for the 21st century. Such an attack could training exercises have taken on an increas- can cover US military targets in the Pa- occur in an hour. It could not only result in a ingly real-world focus, emphasizing rigorous cific... major loss of U.S. military strength, It could practice in operational capabilities and im- They can fire, for instance, a Dong Feng-31 proving the military’s actual ability to use create a sudden tide of momentum for China’s at a US navy battle group shortly after the regular forces to successfully challenge the force. group leaves its base in Hawaii. The Long United States. Mr. Tenet added, Wall Project is basically a deterrent against the US’ fighting forces in the Pacific... The only comparison would be the German This is aimed not only at Taiwan but also blitzkrieg unleashed against France in 1940. at increasing the risk to the United Stats While the use of ballistic missiles against U.S. forces would be unlikely to respond in an itself in any future Taiwan contingency. U.S. naval vessels may seem implausible, it China also continues to upgrade and expand effective manner, especially as the United forms part of China’s asymmetrical military States has not taken vigorous steps to counter the conventional short-range ballistic mis- strategy, seeking to counter U.S. strengths by sile force it has arrayed against Taiwan. its vulnerability to ballistic missiles. exploiting its vulnerabilities. Moreover, it is fea- The January 2002 CIA Report on Foreign Mr. Tenet noted the link between China’s sible as should be realized by the accuracies Ballistic Missile Threats and Developments threat to Taiwan and its threat to the United the United States obtained from its Pershing II noted the transforming effect of China’s bal- States. intermediate-range ballistic missile equipped listic missile forces as applied to its buildup of I believe this House and our nation’s presi- with a radar-guided terminal seeker. short-range ballistic missiles near Taiwan: dent recognize the link between China’s threat The United States has no defense against China’s leaders calculate that convention- to Taiwan and the United States. In his ques- DFÐ31 ICBM. The U.S. Navy has no defense ally armed ballistic missiles add a potent tion-and-answer session with Chinese stu- against the DFÐ31, nor does it have any de- new dimension to Chinese military capabili- dents at Qinghua University in Beijing, when fense against China’s short and intermediate- ties, and they are committed to continue asked why he did not use the term ‘‘reunifica- range ballistic missiles, which can threaten fielding them at a rapid pace. Beijing’s grow- tion’’ with China and Taiwan, President American forces and bases in the Far East ing short-range ballistic missile force pro- George W. Bush responded by referring to the and Pacific. vides China with a military capability that Taiwan Relations Act, ‘‘which says we will avoids the political and practical constraints China’s probable attainment of an oper- associated with the use of nuclear-armed help Taiwan defend herself if provoked.’’ ational capability with its DFÐ31 ICBM by the missiles. The latest Chinese SRBMs provide The United States must be wary of China’s end of December 2001, and its probable de- a survivable and effective conventional subtle rhetoric. The PLA understands only one ployment of the DFÐ31 at two or more base in strike force and expand conventional bal- language—the language of military strength to 2001 should be of grave concern to the United listic missile coverage. force one’s will upon another, just as com- States. This transformation applies to China’s inter- munism was forced on China through the bar- China recognizes how the United States mediate and long-range ballistic missiles as rel of a gun as stated by Mao Zedung. While and its armed forces are undefended from bal- well, providing China with a capability for China may cloak its intent in soft words of di- listic missiles, with the exception of the short- threatening the United States and its armed plomacy, in 1995 and 1996 it launched bal- range Patriot, which is inadequate against in- forces. listic missiles off the coast of Taiwan in a termediate and long-range ballistic missiles. This development of China’s military strat- show of force to intimidate it and the Far East. China plans to exploit this weakness with a egy was noted in the June 2000 Department China’s diplomatic overtures to Taiwan lack maximum of surprise. of Defense Report on China’s military power: sincerity. Vice Premier Qian Qichen’s remarks To support its use of ballistic missiles in Chinese strategists believe that if a war on Taiwan in January 2002, supposedly ex- conventional warfare, even against ships, against a technologically superior foe breaks

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.048 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E361 out, the enemy likely will deploy forces rap- year’s increase is largely attributable to house- TRIBUTE TO DR. ALEXANDER E. idly and then launch a massive air campaign. keeping matters rather than an effort to mod- BAILEY While the enemy is assembling its forces, ernize U.S. forces, or research and develop- there exists a window of opportunity for pre- emptive strike. This approach—‘‘gaining the ment, or the acquisition of a space-based bal- HON. SANDER M. LEVIN initiative by striking first’’—is viewed as an listic missile defense. OF MICHIGAN effective method to offset or negate the ad- The United States must recognize the peril IN THE HOUSE OF REPRESENTATIVES vantages possessed by a more advanced mili- it faces from China’s transformational military tary foe. strategy built around the ballistic missile, a Thursday, March 14, 2002 The only possible defense against China’s transformation that can be seen in its DFÐ31 Mr. LEVIN. Mr. Speaker, I rise today to re- ballistic missile threat is a strong and effective ICBM apparently aimed at U.S. forces. flect on the work of Alexander E. Bailey, U.S. ballistic missile defense. This defense, to Mr. Speaker, such an attack from China di- Ed.D., as he is honored for his exemplary be effective against China’s development of rected at U.S. forces could come before the community work by the Oak Park Business decoys, multiple warheads, and other counter- end of this year. I would strongly urge you and and Education Alliance on March 22, 2002. measures, needs to focus on the deployment our colleagues to take immediate action to The Oak Park Business and Education Alli- of a space-based defense building on the re- overcome our vulnerability and include steps ance was established in 1993 and is a non- search and development conducted under the toward the support of a space-based ballistic profit organization of educators, businesses Strategic Defense Initiative during the Reagan missile defense. and government entities that provide assist- administration and his successor’s administra- Mr. Speaker, I hereby submit for the ance to the Oak Park School District to im- tion. RECORD various sources supporting my re- prove the educational experience of students. The advantages of a space-based ballistic marks. Dr. Bailey’s life of service began in the mili- missile defense include global coverage, boost Mr. Speaker, I have also submitted these tary, where he was a specialist in the U.S. phase interception, and multiple opportunities identical observations and conclusions to the Army Security Agency. After his military serv- for intercepting a ballistic missile. These ad- President by letter which I have posted today. ice, Dr. Bailey chose education as his field of vantages are not inherent with a ground-based WORKS CITED study. Dr. Bailey began his career as a teach- interceptor defense, which is currently under 1. Mike Allen and Philip P. Pan, ‘‘Bush Be- er at Paul Washington High School in Phila- development, which will have limited cov- gins China Visit; No Accord On Weapons,’’ delphia, Pennsylvania. In 1971, he received a erage, no opportunity for boost phase de- Washington, Post, February 21, 2002. Bachelor of Arts degree in Elementary Edu- fense, and fewer opportunities for intercepting 2. David E. Sanger, ‘‘China Is Treated More cation; in 1972, he received a Masters of Arts a missile. Gently Than North Korea for Same Sin,’’ degrees in Counseling; in 1980, he became New York Times, February 21, 2002. Space-based defenses such as the Brilliant 3. Mike Allen, ‘‘Powell Says China’s Sale of an Education Specialist, and in 1983, he Pebbles space-based interceptor and Space Arms Technology Still Hinder Relations,’’ earned a Doctorate of Education. Based Laser were shown to be technologically Washington Post, February 23, 2002. He continued his training at Yale University feasible a decade ago, but their programs 4. Charles Snyder, ‘‘CIA director warns US for the Training for School Development pro- were either terminated or cutback because of of China threat,’’ Taipei Times, February 8, gram from 1984Ð1986, as well as attending intense political opposition from Congress dur- 2002. the University of California for Effective Teach- ing your father’s administration, or because of 5. John Gittings, ‘‘Bush tells China that he ing Strategies, Training for Trainers 1985Ð opposition from President Clinton who cutback will defend Taiwan,’’ Guardian, February 23, 1987 and Harvard University for the Institute 2002. U.S. missile defense programs, especially for 6. Tung Li-wen, ‘‘China’s new propaganda on Multi-Cultural Education in 1989. space-based defenses like Brilliant Pebbles, strategy,’’ Taipei Times, February 9, 2002. After serving in various educational posi- which he terminated in 1993. 7. Charles Snyder, ‘‘Taiwan at top of Sino- tions on the east coast he came to Michigan’s Mr. Speaker, our President’s decision to US agenda,’’ Taipei Times, February 6, 2002. Oak Park School District. Since 1991, Dr. Bai- withdraw from the obsolete and violated 1972 8. Monique Chu, ‘‘Taiwan welcomes Bush’s ley has been a dynamic leader of the Oak Anti-Ballistic Missile Treaty should have comments,’’ Taipei Times, February 22, 2002. Park School District serving as the Super- opened the door for the United States to build 9. Willy Wo-Lap Lam, ‘‘Trade Ties Taiwan to China’s Leash,’’ CNN.com, January 29, intendent. Dr. Bailey is the author of several the most effective ballistic missile defense 2002. published works and presentations, some of possible using space as that treaty was espe- 10. AP, ‘‘Chinese Ponder Bush State- which include ‘‘Strategies for Effective Alter- cially intended to cutback advanced U.S. bal- ments,’’ Las Vegas Sun, February 22, 2002. native Education Programs’’, ‘‘Do You Know listic missile defense programs employing 11. Brian Hsu, ‘‘China builds new missile Your Child?’’ and ‘‘Appeal Motivation That space-based defenses such as lasers or inter- platforms to deter US forces,’’ Taipei Times, Works.’’ ceptors. May 7, 2001. Dr. Bailey’s professional and civic affiliations In this respect, the amendment by Congress 12. National Intelligence Council (CIA), Foreign Missile Developments and the Bal- are numerous, among them the Ethnic Task at the end of 2001 that reduced funding for listic Missile Threat to the United States Force for the city of Oak Park, The Children’s space-based defenses, and cut the Space Through 2015, January 2002, p. 10. Center, African-American Superintendent’s Based Laser program for fiscal year 2002 from 13. ‘‘China’s Spacecraft,’’ Space Today On- Group, the American Personnel and Guidance $170 million to $50 million must be viewed in line, August 2001. Association and the Oak Park Business and a shameful light, a case of seeking an inferior 14. Wei Long, ‘‘Ambitious Space Effort Education Alliance. defense at greater cost. Challenges China In Next Five Years,’’ Mr. Speaker, I ask my colleagues to join me The failure of the Missile Defense Agency to SpaceDaily.com, September 18, 2001. in honoring Dr. Bailey for his many accom- pursue space-based defenses and emphasize 15. AP, ‘‘China Launches Observation Sat- ellite,’’ September 1, 2000. plishments and service to the community of their value to Congress is inexcusable. These 16. Bill Gertz, ‘‘China’s Military Links Oak Park and to the Business and Education defenses are not far off into the future. They Forces to Boost Power,’’ Washington Times, Alliance. were shown to be technologically feasible March 16, 2000. f years ago. 17. Mark A. Stokes, ‘‘Space, Theater Mis- In March 2002 China increase its official de- siles, and Electronic Warfare: Emerging HONORING DAVID C.G. KERR fense budget by 17.6 percent. This follows a Force Multipliers for the PLA Aerospace 17.7 percent increase in 2001. These in- Campaign,’’ October 26–27, 2000. 18. Department of Defense, Annual Report HON. JIM DAVIS creases follow its five-year plan increasing its on the Military Power of the People’s Repub- OF FLORIDA stated defense budget 15Ð20 percent annu- lic of China, June 2000, p. 8. IN THE HOUSE OF REPRESENTATIVES ally. China’s actual defense budget has been 19. Bill Gertz, ‘‘China Ready to Deploy its Thursday, March 14, 2002 estimated at three to five times the size of its First Mobile ICMBs,’’ Washington Times, official budget. These increases are aimed at September 6, 2001. Mr. DAVIS of Florida. Mr. Speaker, I rise in the United States. China is modernizing its 20. AP, ‘‘China Space Test Has Military honor of David C.G. Kerr, a deeply respected forces to a high-tech military deploying accu- Role,’’ November 22, 1999. lawyer in the Tampa Bay community who re- 21. Willy Wo-Lap Lam, ‘‘China’s Military cently lost his battle with Lou Gehrig’s dis- rate ballistic missiles as the edge of its military Set for Budget Boost,’’ CNN.com, February transformation. 8, 2002. ease. In contrast, the United States is only begin- 22. John Pomfret, ‘‘China Raises Defense David, a veteran of the Korean War, worked ning to rebuild its military after a protracted Budget Again,’’ Washington Post, March 5, at Tampa’s Macfarlane, Ferguson and decline lasting more than a decade, and this 2002. McMullen for nearly 40 years, specializing in

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.051 pfrm01 PsN: E14PT1 E362 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 transportation, admiralty and corporate law. Whereas, More than 300 New York City For centuries, tobacco has been a corner- He served as lead corporate counsel for a Firefighters lost their lives in the effort to stone of the agricultural economy of the Com- number of key Tampa real estate projects, in- save others, and; monwealth of Virginia and other tobacco grow- Whereas, Congressman Major R. Owens and cluding Harbour Island, Tampa Palms and the the people of the 11th Congressional District ing states. American tobacco has always been Ice Palace. salute the bravery and dedication of all who regarded as the highest quality tobacco avail- David quickly became known for his great gave their full measure of devotion, and; able. Despite this fact, American growers are intellect and dedication to his job. He success- Whereas, We deem it appropriate to high- increasingly vulnerable to lower quality—but fully argued two cases before the U.S. Su- light the courage and valor of individuals less expensive—foreign leaf. While the quota preme Court, one of which established a prin- and groups in a variety of forms and cere- marketing system has been a valuable tool to ciple in international admiralty law, and he monies. Now therefore be it Resolved: That on this 10th Day of March, support and stabilize the income of the to- served as his firm’s chairman from 1990 to Two Thousand and Two, Congressman Major bacco farmer, it has also created an artificial 1993. David also spent 39 years as general R. Owens, and representatives of the people cost that has made it all the more difficult for counsel and executive director of the National of the 11th Congressional District, pause to the American grower to compete. Growers Juice Products Association, the industry’s larg- salute the sacrifices of these honored men, and their communities are dependent on to- est trade association. and to offer their heartfelt condolences to bacco for their economic survival; however David will be remembered across the state families of these African American Fire- they now find themselves trapped—forced to for his work outside of the office. He served fighters who died at the World Trade Center continue growing an increasingly unprofitable Florida’s business and legal communities in on September 11, 2001. That the text of this resolution shall be crop without the necessary resources to tran- countless ways, as President of Hillsborough placed in the Congressional Record of the sition away from the current dysfunctional sys- County Bar Association in 1967, on the Florida United States House of Representatives. tem. Bar Association’s board of directors in 1971, Given by my hand and seal this 10th day of Ending the quota is something we must do as president of the Greater Tampa Chamber March, Two Thousand and Two in the Year in order to save the economic viability of our of our Lord. of Commerce in 1979, and chairman of its tobacco farmers. We must also recognize that Committee of 100 in 1977. Later, at the re- f the quota system has created an asset—the quest of Governors Bob Martinez and Lawton PERSONAL EXPLANATION quota itself—the value of which must be com- Chiles, David headed the Florida Transpor- pensated to those who own or use it. Farmers tation Commission and served as a member ´ have been increasingly supportive of the idea of the commission from 1987 to 1999. In this HON. RUBEN HINOJOSA of a buy-out, as was the President’s Commis- role, David succeeded remarkably in mini- OF TEXAS sion on Improving Economic Opportunity in mizing politics and moving Florida’s transpor- IN THE HOUSE OF REPRESENTATIVES Communities Dependent on Tobacco Produc- tation projects forward. Thursday, March 14, 2002 tion While Protecting Public Health in its report Closer to home, David was a member of the Mr. HINOJOSA. Mr. Speaker, I regret that I published last year. Until now, the question of University of Tampa’s Board of Trustees, and was unavoidably detained in my Congres- how to fund a buy-out was always a major ob- was an active member of St. Andrew’s Epis- sional District. Had I been present, I would stacle. This bill, however, takes an innovative copal Church and Ye Mystic Krewe of have voted ‘‘yes’’ on Rollcalls 53, 54, 56, 57, approach by proposing to fund the buy-out Gasparilla. 58, 59, 60, 61, 63, and 64. I would have voted through the imposition of user-fees. These I will remember David as a wonder role ‘‘no’’ on Rollcalls 55 and 62. user-fees will initially provide the resources to model for young people who desired to suc- fund both FDA regulatory actions and the buy- ceed in their business or profession and serve f out. Once the buy-out has been completed, the community. David did everything with a TOBACCO LIVELIHOOD AND ECO- the user-fees will be used to fund FDA actions dignity and grace that brought out the best in NOMIC ASSISTANCE FOR OUR and other tobacco-related programs. everyone with whom he worked. I am eternally FARMERS ACT OF 2002 grateful for the constant guidance and encour- I realize it is a mistake to consider tobacco agement he gave me starting in my years as HON. TOM DAVIS growers as a homogeneous lot. The needs a teenager. David similarly touched the lives and concerns of flue-cured growers differ from OF VIRGINIA the needs and concerns of burley growers. of hundreds of young people. IN THE HOUSE OF REPRESENTATIVES On behalf of the people of Tampa Bay, I The needs and concerns of Virginia growers would like to extend my heartfelt sympathies Thursday, March 14, 2002 are not the same as the needs and concerns to David’s family. Mr. TOM DAVIS of Virginia. Mr. Speaker, I of North Carolina growers. However, a vital concern to all growers is the question—what f am pleased to be an original cosponsor of the Tobacco Livelihood and Economic Assistance will the post buy-out world hold for me? We PROCLAMATION RECOGNIZING for our Farmers Act of 2002. This bill couples have taken steps in this bill to ensure fair CAPTAIN VERNON RICHARD— my legislation, the National Youth Smoking compensation so that those who choose to LADDER NO. 7 Reduction Act—which would allow the Food stop growing tobacco can do so. For those and Drug Administration to regulate tobacco— that choose to continue to grow tobacco, not HON. MAJOR R. OWENS with legislation to end the current tobacco only will they be compensated for their quota’s OF NEW YORK marketing quota program. I would also like to loss of value, but they are guaranteed that to- IN THE HOUSE OF REPRESENTATIVES thank my colleague Mr. McIntyre, the sponsor bacco production will remain in those areas Thursday, March 14, 2002 of this bill, for his hard work and leadership. where it has been traditionally grown. For someone who never touched a ciga- I have no tobacco farmers in my district, but Mr. OWENS. Mr. Speaker, as a tribute to rette, I now know a great deal about tobacco. I am a Virginian. Tobacco is a part of our cul- Captain Vernon Richard of Ladder Number 7, It is an extremely complex issue in which the ture—it was this crop that made the Colony of a member of the Vulcan’s Society and one of public health, the needs of farmers, and the Virginia economically viable almost four hun- the fallen heroes of September 11th, I would rights of Americans must all be taken into con- dred years ago. As we transitioned from col- like to insert the following proclamation into sideration. Often, it appears an impossible ony to commonwealth, tobacco remained a the RECORD: task to bring the stakeholders together; never- keystone to our way of life. To this very day, Whereas, September 11, 2001 was a day of horror and tragedy that will forever live in theless, I am convinced there is a solution. the golden leaf adorns our statehouse. With the memory of American, and; When I introduced the National Youth Smok- this in mind, I say to the small farmers and Whereas, More than 3,000 people from ing Reduction Act last June, it was my intent rural communities whose fortunes have been many occupations, nationalities, ethnic to put forward the idea that we could devise tied to tobacco for generations, I will continue groups, religions and creeds were brutally a regulatory scheme to keep tobacco products to work with you to ensure tobacco can re- murdered by terrorists, and; away from those too young to legally purchase main a viable option for you. I recognize more Whereas, Members of the New York City them while simultaneously maintaining the may be necessary to keep all production from Fire Department, New York City Policy De- partment, Port Authority and other Public rights of adults to make their own decisions transferring to large farms. I am confident that Safety Personnel, through their valiant, cou- regarding tobacco use. This bill expands upon by working with the other members of the Vir- rageous and heroic efforts saved the lives of that concept by demonstrating that a solution ginia delegation, the Virginia Farm Bureau, thousands under unprecedented destructive for our farmers is complementary to the other and all organizations dedicated to the well circumstances, and; elements of this debate. being and prosperity of tobacco growers in the

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.055 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E363 Commonwealth of Virginia that our small to- Since 1997, the current pastor, Father Fer- My heart is with the parishioners, the clergy bacco farms can survive and prosper in a post nando de Cristobal, has used his position as and staff of Our Lady of Peace who witnessed buy-our world. a spiritual leader to promote various cultural this brutal violence. We must all say a prayer In closing, let me state that I am eager to activities in order to better educate the entire and light a candle for the community near Our start the debate on tobacco. I hope my col- congregation. For the Feast of Our Lady of Lady of Peace that was affected by this trag- leagues will join in so that a constructive, ben- Guadelupe, a holy day revered in Mexico, the edy. The neighbors, police, emergency per- eficial solution can be crafted. celebration includes Las Mananitas, or morn- sonnel and the nearby schools were all sense- f ing songs, offered to the Virgin Mary and mari- lessly victimized as well. achi music, followed by a midnight Mass. On I was in the vicinity of the church when the CONGRATULATING SAINT PATRICK June 24th, the parish honors Saint John the shooting occurred. Many of the local roads ROMAN CATHOLIC CHURCH IN Baptist, the patron saint of Puerto Rico, with a were blocked; those living nearby were basi- EAST CHICAGO, INDIANA bilingual mass and a banquet. Keeping with cally under house arrest. Police covered the this spirit of diversity, the centennial celebra- streets as they looked for the shooter, who HON. PETER J. VISCLOSKY tion will feature Irish dancers and bagpipes in had taken cover in a nearby home. Four hun- OF INDIANA an effort to pay tribute to the parish’s Irish her- dred schoolchildren were being held indoors at IN THE HOUSE OF REPRESENTATIVES itage. the church school. Thursday, March 14, 2002 Mr. Speaker, I ask you and my other distin- This isn’t a new occurrence. Random acts Mr. VISCLOSKY. Mr. Speaker, it is my dis- guished colleagues to join me today in com- of gun violence against innocent people hap- tinct pleasure to congratulate Saint Patrick mending the parish family of St. Patrick pen all the time. A lot of Americans don’t think Roman Catholic Church in East Chicago, Indi- Church, under the guidance of Father Fer- it can happen to them, but my neighbors and ana, as it celebrates its 100th anniversary as nando de Cristobal, as they prepare to cele- I know all too well the pain that gun violence a congregation, on March 17, 2002, the Feast brate the 100th Anniversary of their founding. brings. It has happened everywhere: on trains, Day of St. Patrick. The anniversary celebration All past and present parishioners and pastors in schools, homes, the workplace. And now, in will begin with an afternoon Mass celebrated should be proud of the numerous contributions a place of worship. by Bishop Dale J. Melczek. Following the they have made out of the love and the devo- It is unbelievable, yet it’s true. Mass, the parishioners will enjoy an evening tion they have displayed for their church. I have processed the details of what hap- filled with entertainment and dancing as they f pened yesterday. I’m not standing here on a soapbox. I’m not talking about a certain piece observe this milestone in the church’s history. GUN VIOLENCE IN LYNBROOK Nestled among the smokestacks of the steel of legislation. mills in the Indiana Harbor, St. Patrick Church I’m talking about safety. I’m talking about has risen from its humble beginnings to serve HON. CAROLYN McCARTHY our children’s safety, our neighbors’ safety, the as a cornerstone of the East Chicago commu- OF NEW YORK safety of different religious worshipers. nity. Founded in 1902, the parish of St. Patrick IN THE HOUSE OF REPRESENTATIVES I think it’s obvious. Gun violence wreaks was the first Roman Catholic Church estab- Thursday, March 14, 2002 havoc in our lives in various ways, not the lished in the Indiana Harbor. Under the guid- Mrs. MCCARTHY of New York. Mr. Speak- least of which is the loss of safe places in our ance of Father Thomas Mungoven, eight fami- er, I rise to extend my deepest sympathy to community. If we can’t be safe at church, at lies met for Sunday Mass in Klein Hall on the families of Reverend Lawrence Penzes school, on commuter trains, in our workplaces Michigan Avenue. With the strength of their and Eileen Tosner, both of whom were fatally or at home, where does that leave us? I urge you to seriously consider the havoc faith to bolster their spirits, this small con- shot Tuesday morning during 9 a.m. mass at gun violence creates in our society. Better yet, gregation constructed a church of their own. Our Lady of Peace Church in Lynbrook, New consider its effect on your community. Please On January 25, 1903, the parish of St. Patrick York. celebrated its first Mass in its new home. By Reverend Penzes, 50, was ordained in take a minute to think about it before it’s too 1909, the parish grew to include 87 families 1978, and he became pastor at Our Lady of late. from mostly Irish and Slavic backgrounds. Peace in 1994. It is safe to say he was the May God be with us all. Over the years, as other ethnic groups were backbone of the church. Parishioners remem- f drawn to the area by the opportunities offered ber him as a wonderful, generous and out- TRIBUTE TO THE DEPARTMENT OF in the steel mills, the composition of East Chi- going lay leader who touched countless lives. VETERANS AFFAIRS ON THE cago grew more diverse. Irish and Slavic fami- Other members of the Rockville Centre dio- THIRTEENTH ANNIVERSARY OF lies now welcomed Hispanic and African- cese commend his commitment to the Catho- THEIR BECOMING A CABINET DE- American Catholics into the congregation. In lic faith and community. PARTMENT 1986, in an effort to involve new parishioners Penzes has been instrumental in helping his in Sunday services, Father John Ambre insti- church community of 2,400 families through HON. CHRISTOPHER H. SMITH tuted Masses in Spanish. the 6 months following September 11. He or- OF NEW JERSEY As the parish mission statement attests, the ganized several sessions on dealing with IN THE HOUSE OF REPRESENTATIVES members ‘‘strive to be a welcoming commu- stress, and continued his regular trips to U.S. nity celebrating our cultural diversity; foster armed forces stationed around the world. Thursday, March 14, 2002 harmony and reconciliation among parish- Other notable ways he served our country was Mr. SMITH of New Jersey. Mr. Speaker, I ioners and the community . . . .’’ Embracing his time as a chaplain in the local police force, rise today to mark the thirteenth anniversary of the Christian ideals of loving thy brothers and and the air force. the Department of Veterans Affairs becoming sisters and honoring they neighbors, the pa- Eileen Tosner, 73, was a devout Irish a Cabinet Department. As Chairman of the rishioners have opened the doors of St. Pat- Catholic whose life revolved around her family, House Committee on Veterans’ Affairs, I am rick to those in need of a spiritual home. friends and community. She was a quiet but privileged to work with thousands of dedicated When other ethnic parishes in East Chicago active woman who was always willing to help employees of the Department to improve the closed, St. Patrick welcomed these Catholics with whatever task was at hand. She worked delivery of benefits and services to our na- with open arms. In 1987, when St. Francis of at the church and volunteered on Sundays at tion’s 25 million veterans and their families. Assisi Parish closed, St. Patrick installed the the local VFW Post 2307 during bingo games. On October 25, 1988, President Ronald cornerstone of this church in its vestibule Up until two years ago, she helped other sen- Reagan signed the Department of Veterans walls, a symbolic gesture affirming the accept- ior citizens by working as a companion and a Affairs Act (H.R. 3471 in the 100th Congress), ance of these new members into the church helper. Often she could be found at the legislation I cosponsored and strongly sup- community. Again, when Assumption of the Lynbrook senior citizens center with her ported. This Act led to the Veterans Adminis- Blessed Virgin Mary Parish closed in 1998, friends. tration (VA) becoming the 14th federal Depart- rather than allowing the church to fade from She was married to her husband Frank for ment of the Executive Branch. the memories of its former parishioners, St. more than 50 years, and together they had Subsequently, on March 15th, 1989, thirteen Patrick added the altar to its own sanctuary. five children. Tosner’s life wasn’t easy; she years ago this week, the Honorable Edwin St. Patrick represents more than a building had two paralyzed siblings, and two of her Derwinski, was sworn in as the first Secretary where worshippers meet once a week for a sons died of cancer. But all throughout her of Veterans Affairs. Finally, the nation’s vet- service; it truly embodies the tenets of the life, despite her difficulties, she remained erans had a full and permanent seat at the faith it espouses. deeply religious. President’s Cabinet table.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.060 pfrm01 PsN: E14PT1 E364 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 The Department of Veterans Affairs is the of their becoming a full Cabinet Department of At the time, many people accused the Indian second largest federal agency in terms of em- the federal government. government of this atrocity while the Indian ployees, with over 220,000 dedicated men and f government laid the blame on Pakistani-spon- women providing a range of vital benefits and sored militants. A study by the Movement GIRL SCOUTS services for veterans around the country. The Against State Repression (MASR) and the VA operates the largest integrated health net- Punjab Human Rights Organization (PHRO) work in the world, comprised of 163 medical HON. HEATHER WILSON showed that the Indian government’s own centers, over 800 Community Based Out- OF NEW MEXICO forces had killed these innocent Sikhs, a con- patient Clinics, 135 nursing homes, 43 domicil- IN THE HOUSE OF REPRESENTATIVES clusion confirmed by a study from the inter- iaries and 73 comprehensive home-care pro- Thursday, March 14, 2002 national Human Rights Organization (IHRO) grams. The VA continues to provide quality and by an article in the New York Times Mag- care to millions of veterans, their families and Mrs. WILSON of New Mexico. Mr. Speaker, azine by Barry Bearak. Yet the Indian govern- their survivors. I rise today to speak in support of a world- In addition, the VA operates one of the most class organization that has achieved world- ment maintained the fiction that Pakistanis important medical research programs in the class results. carried out the massacre. They killed five world, with more than 15,000 research Founded in 1912 on the simple belief that young Kashmiris, claiming they were respon- projects at 115 VA medical centers. The Vet- all girls should be given the opportunity to de- sible, then were force to admit that they were erans Health Administration (VHA) is on the velop physically, mentally, and spiritually, Juli- not. Then five other Kashmiris were arrested cutting edge of research on matters ranging ette Gordon Low assembled a meeting of 18 and charged with the crime. from brain trauma to hepatitis C to Alzheimer’s girls in Savannah, GA. Today, the Girl Scouts On March 8, Reuters news service reported disease. The VHA also pays particular atten- of the USA has grown into an organization that the chief minister of Kasmir, Farooq tion to the wounds and illnesses of soldiers, with membership numbering 3.8 million, far Abdullah, admitted that the evidence against and away the largest organization for girls in sailors, marines and airmen, and recently these Kashmiris was faked. That’s right, Mr. the world. opened two new Centers for the Study of War- Speaker, the ‘‘world’s largest democracy’’ Related Illnesses, one in Washington, DC, and I would especially like to praise the Girl Scouts of Chaparral Council, the local Girl faked evidence to falsely convict some the other in my home state of New Jersey. Kashmiris of the massacre of these Sikhs in The Department of Veterans Affairs main- Scout troop from my home district. Chartered order to set these two minorities against each tains a national network of veterans’ ceme- in 1958 and serving over 6,000 girls and 2,000 teries for our nation’s veterans, consisting of adult volunteers, the Girl Scouts of Chaparral other. Fortunately, it has not worked. Last 119 national cemeteries in 39 states and Council have been teaching girls in my district year, some Indian troops were caught red- Puerto Rico and also administers six life insur- the ideals of character, conduct, and patriot- handed trying to set fire to a Gurdwara and ance programs with 2.2 million policies in ism for almost 45 years. Organizations like the some Sikh homes in Kashmir and they were force having a face value of $22 billion. Girl Scouts of Chaparral Council that make me overwhelmed by Sikh and Muslim villagers. The Veterans Benefits Administration (VBA), proud to represent the citizens of the first dis- Remember also, Mr. Speaker, that the ruling created as part of the new Department of Vet- trict of New Mexico. BJP is part of a militant Hindu nationalist orga- erans Affairs, oversees a myriad of benefits The Girl Scouts of the USA is the world’s nization the Rashtriya Swayamsewak Sangh programs for veterans, including disability preeminent organization dedicated solely to (RSS), which published a booklet last year on compensation, education and training, job girls, where in a positive, nurturing environ- how to implicate minorities in false criminal ment, girls build character and skills for suc- placement, home loans, and life insurance. cases. Over 2.7 million veterans receive disability cess in the real world. In partnership with compensation payments for wounds or ill- committed adult volunteers, girls develop Given the government’s admission of fraud nesses resulting from their service to our na- qualities such as strong moral values, leader- in this case, how many other cases have they tion, and an additional 570,000 widows, chil- ship, a social conscience, and conviction faked? They admit to holding 52,268 Sikhs as dren and surviving parents of deceased vet- about their own potential and self worth—val- political prisoners, according to a MASR re- erans also receive monthly benefit payments. ues that will serve them well the rest of their port. Amnesty International says that that tens Mr. Speaker, the VA also operates the GI lives. of thousands of other minorities are also being Bill program, which has provided college edu- Being involved with Girl Scouts enables girls held as political prisoners in ‘‘the world’s larg- cation and training to more than 20 million vet- to develop self-confidence and expertise, take est democracy.’’ How many cases have been erans since its creation in 1944. This historic on responsibility, think creatively, and act with faked against these prisoners? program not only changed the way America integrity. Girl Scouts learn the characteristics Mr. Speaker, it is shameful that the evi- looked at veterans benefits, it also changed essential being good citizens and great lead- the nature of higher education and helped to ers. dence in the Chithistinghpora massacre was create the modern middle class. In addition, The U.S. Congress chartered the Girl faked, and it is shameful that it needed to be. the VA operates the veterans home loan pro- Scouts of the USA on March 16th, 1950, and However, the people who carry out atrocities gram, which has helped over 16 million former at present, there is a ‘‘Troop Capitol Hill’’ like this massacre are rarely if ever punished. servicemen and women buy their own homes. made up entirely of Congresswomen who are Instead, the state either finds scapegoats like Since the creation of the original Veterans honorary members. the five Kashmiris it is currently holding or it Administration in 1930, our nation has recog- For 90 years, Girl Scouts of the USA has does nothing. It has found a scapegoat in the nized the unique contributions and sacrifices had a proven track record of empowering girls killing of Graham Staines, even though every of the men and women who have defended to become leaders, helping adults become report at the time reported that a mob of peo- our freedom at home and abroad. Today, the positive role models and mentors for children, ple chanting Hindu slogans burned Mr. Department of Veterans Affairs, ably led by and helping to build strong communities. Girl Staines and his two sons. No one has been Secretary of Veterans Affairs Anthony J. Scouts of the USA truly is a place ‘‘where girls punished in the murder of former Akal Takht Principi, continues to provide the benefits and grow strong!’’ Jathedar Gurdev Singh Kaunke or in the kid- services that our nations veterans have f napping and murder of Jaswant Singh Khalar, earned. who was killed in police custody. On the wall outside the VA’s main office in EVIDENCE IN CHITHISINGPHORA Washington, DC, the words of President Abra- FAKED, GOVERNMENT ADMITS I call on the Indian government to punish ham Lincoln are engraved on the building: ‘‘To those who tampered with the evidence in this care for him who have borne the battle, and HON. DAN BURTON case immediately. I also call on the United States to cut off aid with India until they allow his widow and his orphan.’’ This is the mission OF INDIANA people to enjoy basic human rights and a fair, that draws so many committed men and IN THE HOUSE OF REPRESENTATIVES women to the VA. impartial system of justice. We should also Mr. Speaker, it is an honor for me to work Thursday, March 14, 2002 press for a free and fair plebiscite on inde- on behalf of our nation’s veterans and I want Mr. BURTON of Indiana. Mr. Speaker, back pendence for the people of Khalistan, Kash- to pay tribute to the Department of Veterans in March 2000, just before former President mir, Nagaland, and the other countries seek- Affairs, and especially all of their gifted and Clinton visited India, 35 Sikhs were massacred ing their freedom. That is only way to protect dedicated employees, on the 13th anniversary in the village of Chithistinghpora in Kashmir. their rights and end this kinf of abuse.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.065 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E365 KASHMIR GOVT. SAYS SIKH MASSACRE County for the past 19 years. Fortunately, and African-American, began to make claims SAMPLES FAKED Steve is not retiring, but is offering his serv- on the oil-rich land. With the death of her fa- (By Ashok Pahalwan) ices as the Pastor of the Jupiter Medical Cen- ther in 1949 and her mother in 1950, the JAMMU, India (Reuters).—The state govern- ter. struggle to preserve her birthright escalated ment of Kashmir admitted on Friday that fo- We all know of the fine work Hospice offers and was much like the ranch wars seen in the rensic samples taken in an attempt to con- and what kind of a person it takes to counsel old westerns. Cattle were stolen and attempts firm the guilt of five young men blamed for the individuals and their families whose loved to acquire the valuable oil leases became a a Sikh massacre two years ago were faked. The killing of 36 Sikhs in remote ones are in the transition for their final stages frequent occurrence. Mollie took on chal- Chitisingpora village in the violence-racked of life. lengers in and out of court and preserved for state of Jammu and Kashmir in March 2000 Dr. Lipman’s services have gone beyond her descendants their right to the Taylor-Ste- occurred hours before a visit by U.S. Presi- that: whether it is counseling young children, venson lands. dent Bill Clinton to India and drew strong lending kindness to the terminally ill or simply During segregation, Mollie, Sr., and her hus- condemnation from him. Indian newspapers offering a smiling face, you can always count band, ‘‘Big Ben’’, created a haven for African- have alleged that soon after the massacre se- on Steve. He exemplifies all that is good in a American children barred from all but one of curity forces picked up five innocent youths, individual. the city’s parks. At the Stevenson ranch chil- killed them in a stage-managed gun battle, I would like to join the communities of South dren could ride horses, play with the ranch burned their bodies and then claimed they animals, eat farm-fresh meals, and spend were ‘‘foreign militants’’ responsible for the Florida and thank Dr. Lipman for his sincere Sikhs’ deaths. The bodies of the five youths dedication and years of service. weekends and summers on the ranch. The were exhumed and forensic samples taken Mr. Speaker, please let the record reflect Stevensons became well known for their phi- only after massive demonstrations in Kash- the 107th Congress’ appreciation for all he lanthropy and generous spirits. Believing that mir by protesters. Kashmir state chief min- has done. education was very important, they not only ister Farooq Abdullah told the legislature on f educated their own children, but countless oth- Friday ‘‘it appears fake samples were sent’’ ers with food, books, tuition payments and en- to laboratories and apologized for ‘‘the injus- HONORING MOLLIE TAYLOR STE- tire college educations. There are regularly tice done to the people for which I feel VENSON, SR. AND MOLLIE TAY- scheduled field trips to the ranch and mu- ashamed’’. ‘‘We strongly suggest those re- LOR STEVENSON, JR. sponsible for collecting and sending the sam- seum, which provides an opportunity to those ples had something to hide,’’ he added, prom- who would not otherwise have a chance to ex- ising an investigation into the tampering. HON. KEN BENTSEN perience the true nature of a working ranch. India had identified the five youths blamed OF TEXAS Mollie, Jr., worked as a professional model for the Sikh killings as belonging to the mil- IN THE HOUSE OF REPRESENTATIVES in Houston, Kansas City and New York, but itant separatist groups Lashkar-e-Taiba and she was drawn back home where she worked Hizbul Mujahideen. Thursday, March 14, 2002 side by side with her mother to preserve their Both groups denied responsibility and, Mr. BENTSEN. Mr. Speaker, I rise to honor legacy. She established the American Cowboy with Pakistan, blamed India for the mas- sacre which they said was aimed at discred- Mollie Taylor Stevenson, Sr., and her daugh- Museum, a 501(c)(3) organization in 1987. It iting the Kashmiri independence cause dur- ter, Mollie Taylor Stevenson, Jr., who are the honors the contributions to Western culture of ing Clinton’s visit. The laboratories to which first living African-American women and native African Americans, Hispanics, Native Ameri- the samples were sent to establish the Houstonians to be inducted into the National cans, and women. Mollie Jr. has been fea- youths’ identity said they were mislabeled Cowgirl Museum and Hall of Fame. The orga- tured on radio and television and in articles in and showed serious discrepancies. Abdullah nization honors and documents the lives of Ebony, Essence, Texas Highways, Horse Talk said a judge would lead the probe, which women who have distinguished themselves by and many local newspapers. She has been would take two months. He also said fresh exemplifying the pioneering spirit of the Amer- honored by numerous schools as a motiva- test samples would be taken under the super- vision of police and doctors. The Times of ican West. The Stevensons were inducted tional speaker and event coordinator. Mollie, India, one of the newspapers which inves- during a ceremony at the Renaissance Wor- Jr. is also a journalist and an active volunteer tigated reports that the samples had been thington Hotel in Ft. Worth, Texas, on Novem- with the Sugar Shack Trailride and various falsified, accused the state in an editorial on ber 9, 2001. other rodeo trail ride associations. She is also Friday of a ‘‘brazen’’ cover-up. ‘‘From know- Friends and family know them as ‘‘Mollie’’ a member of the Speakers and Black Go ingly foisting the charge of terrorism on in- and ‘‘Lil Mollie’’. The 89-year-old Mollie, Sr. Texan Committee of the Houston Livestock nocents to eliminating them in a fake en- and the fifty something, Mollie, Jr., reside on Show & Rodeo, the Professional Black Cow- counter . . . (it) is an example of the worst their family-owned Taylor-Stevenson Ranch boy & Cowgirl Association, the Landowners of kind of state high-handedness,’’ it said in an within the city limits of Houston. These women editorial. More than 33,000 people have been Texas, and her favorite, the Diamond L Riding killed since 1989 when Islamic guerrillas possess grit and determination inherited from & Roping Club. To acquaint a new generation seeking either independence or union with Mollie, Sr.’s grandmother, Ann Taylor, who with this rich history, Mollie offers school tours, neighboring Pakistan launched a revolt in was purchased in 1856 as a 21-year-old slave leather crafts for visiting children, lectures, a Kashmir. by Edward W. Taylor. Ann and the owner’s traveling exhibit with quilt display, horseback Human rights groups have frequently ac- son fell in love and because laws of the day riding, a mobile petting zoo, and living history cused Indian security forces of abuses such forbade interracial marriage, they lived to- presentations. She also encourages young as summary killings and torture. India has gether and reared six children and sent them people to consider careers in agribusiness and always denied systematic human rights abuses and said that any allegations are in- to college. land ownership and sponsors FFA and 4ÐH vestigated and the guilty punished. Mollie, Sr., the first born child of Major and students. Hester Taylor, not only inherited her parent’s The Taylor-Stevenson Ranch is a treasure f love for the land, but the tradition of pursuing that seven generations of the family have IN HONOR OF DR. STEPHEN higher education. In 1934, Mollie, Sr. grad- fought hard to preserve and on which they still LIPMAN, SENIOR PASTORIAL uated from Fisk University in Nashville, Ten- live or maintain various areas. The 150-year- COUNSELOR FOR HOSPICE OF nessee, majoring in music and classical piano old working ranch is one of the oldest Black- PALM BEACH COUNTY studies. After graduation, she traveled with the owned ranches in the United States, complete Fisk Jubilee Singers and was a regular guest with an assortment of livestock. In the shad- HON. MARK FOLEY pianist at Houston’s historic Rice Hotel. It was ows of the 4th largest city in the country, the Stevensons have carved out a legacy that can OF FLORIDA at Fisk where Mollie, Sr. met the love of her life, Benjamin ‘‘Big Ben’’ Stevenson, a seven- provide a momentary escape from the hurried IN THE HOUSE OF REPRESENTATIVES time All American from Tuskegee Institute, pace of the city. About 100 tours and field Thursday, March 14, 2002 who earned a B.S. in agriculture and animal trips are conducted each year. Heritage tours Mr. FOLEY. Mr. Speaker, I rise today to husbandry in 1931. They were married in a and family reunions are also a part of the ac- honor a man who has been a true asset to his lavish lawn wedding in 1937. tivities arranged by the ranch. During the community. His caring and guidance have Mollie, Sr. spent most of her adult years 1940s and early 50s, the ranch was home to touched many families and friends in need of fending off attempts to wrest oil-producing Sky Ranch, an aviation school operated by support. property from her through lawsuits, theft, or Tuskegee graduates who were mechanics for I speak of Dr. Stephen Lipman, Senior Pas- crafty persuasion. After the death of Mollie the famed World War II Tuskegee Airmen. toral Counselor for Hospice of Palm Beach Sr.’s grandfather in 1929, relatives, both white The property is also officially listed as a Texas

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.069 pfrm01 PsN: E14PT1 E366 CONGRESSIONAL RECORD — Extensions of Remarks March 14, 2002 Century Ranch, an honor reserved for ranches Mr. Speaker, the Girl Scouts are an asset to As State Superintendent, Delaine Eastin has operated by the same family for more than communities all over the United States. I want fought for safer and healthier schools, modern 100 years and certified by the Commissioner to thank them for their tireless effort to provide facilities, cutting-edge technology, family- of the Texas Department of Agriculture. The young women with the personal, emotional school partnerships, teacher training and pro- Ranch continues to be run with family love and intellectual foundation that is essential for fessional development, tighter graduation re- and values. Mollie Stevenson, Sr. is still the building good citizens and leaders. On the oc- quirements, and increased resources for matriarch of the ranch, cared for by six of her casion of their 90th Anniversary, I would like schools. children and their families who live on the to ask all my colleagues to salute the Detroit She is a dedicated advocate for reduced property. The Black Professional Cowboy & Metro Girl Scouts and their fellow Girl Scouts class sizes, improved reading and mathe- Cowgirl Association and also the Black Go across the country. matics instruction, and the implementation of Texan Committee recognized Mollie, Sr. as a f statewide standards, assessment, and in- ‘‘Living Legend.’’ creased accountability for what students Mr. Speaker, I congratulate Mollie Steven- IN HONOR OF THE GIRL SCOUTS’ should accomplish. She has tirelessly advo- son, Sr. and Mollie Stevenson, Jr. who have 90TH ANNIVERSARY cated for improved library facilities, strong arts lived their lives as true stewards of their land programs, and librarians, counselors, and and community. They are the driving force be- HON. KEN LUCAS nurses in all California schools. hind the ongoing success of the ranch and OF KENTUCKY Delaine Eastin is currently serving her sec- museum. They stand tall over their corner of IN THE HOUSE OF REPRESENTATIVES ond term as State Superintendent. Prior to this Houston and give as much to the community Thursday, March 14, 2002 position, she served as an educator, a Union City city councilwoman, and a four-term State as they give to the land. Their ranch is not Mr. LUCAS of Kentucky. Mr. Speaker, I rise only a part of Houston’s heritage, but it is also Assemblywoman for Southern Alameda Coun- today in recognition of an outstanding organi- ty. She was chair of the Assembly Committee a part of a heritage forged by the ceaseless zation that is dedicated to helping girls contributions of African-American cowboys on Education, where she voiced early support throughout the world. This organization is the for the charter school concept and for and ranchers. Girl Scouts. f strengthened technical and vocational training. Specifically, I would like to honor the Girl Delaine Eastin is the recipient of many dis- HONORING THE GIRL SCOUTS ON Scouts of Kentucky, and especially the mem- tinguished awards and recognitions, notably THE OCCASION OF THEIR 90TH bers of Kentucky’s 4th Congressional District, the President’s Crystal Apple Award from the ANNIVERSARY which I represent. Founded on March 3, 1912, American Library Association, the Distin- by Juliette Gordon Low in Savannah, GA, the guished Alumni Award from the University of HON. JOHN D. DINGELL Girl Scouts have earned the admiration of this California, Santa Barbara, the Woman of great Nation. Juliette Gordon Low had a vi- Achievement Award from the Women’s Fund, OF MICHIGAN sion. She wanted all young women to be IN THE HOUSE OF REPRESENTATIVES and the Leader Award from California Leader- given the opportunity to develop physically, ship. In addition to the Delaine Eastin Elemen- Thursday, March 14, 2002 mentally, and spiritually. After 90 years, Juli- tary School, a day care center also carries her Mr. DINGELL. Mr. Speaker, I am pleased to ette Gordon Low’s vision remains the basic name. rise today to pay tribute to the Girl Scouts on mission of the Girl Scouts. I am honored to congratulate Delaine Eastin their 90th Anniversary. Working as a grassroots organization, the on all of her remarkable accomplishments. Her The Girl Scouts are the world’s preeminent Girl Scouts have changed the lives of millions tireless dedication to improving education in organization dedicated solely to girls—all girls. of girls. Worldwide, the Girl Scouts have over California has assured every child in the state In a nurturing environment, girls are able to 10 million members, both women and girls, in the opportunity for a bright and successful fu- build character and skills for success in the 140 countries. In Kentucky alone, there are ture. over 44,000 Girl Scouts and 13,000 adult vol- real world. Girl Scouting began on March 12, f 1912, when founder Juliette Gordon Low as- unteers. And right in the Licking Valley of Ken- TRIBUTE TO CALVIN RAPSON sembled 18 girls from Savannah, Georgia, for tucky, there are 5,000 Girl Scouts and 1,300 a local Girl Scout meeting. She believed that adult volunteers. Mr. Speaker, this is an out- all girls should be given the opportunity to de- standing organization. HON. DALE E. KILDEE velop physically, mentally, and spiritually. As the Girl Scouts celebrate their 90th anni- OF MICHIGAN Today, Mr. Speaker, that small group of 18 versary, I would like to conclude with the Girl IN THE HOUSE OF REPRESENTATIVES girls from Savannah has blossomed into 3.8 Scouts promise: ‘‘On my honor, I will try: To Thursday, March 14, 2002 million Girl Scouts nationwide. The Detroit serve God and my country, To help people at all time, and to live by the Girl Scouts Law.’’ Mr. KILDEE. Mr. Speaker, I ask the House Metro Girl Scouts currently have 32,000 girls of Representatives to join me in congratulating involved and it just keeps growing. Not only I ask my colleagues to join me to honor this incredible organization that has changed the Calvin Rapson on his retirement as Director of have the Girl Scouts continued their dedication UAW Region 1ÐC. Cal will be honored at a to building good citizens and leaders, but their lives of millions of Americans and people throughout the world. testimonial dinner on May 8th in my hometown organization has established a research insti- of Flint, Michigan. tute, received government funding to address f Cal Rapson began his career with the UAW violence prevention and is addressing the dig- HONORING THE DEDICATION OF in 1965 working for the Chevrolet Engine ital divide with activities that encourage girls to THE DELAINE EASTIN ELEMEN- plant. Through his employment with Chevrolet pursue careers in science, math and tech- TARY SCHOOL IN UNION CITY, Cal earned a Machine Repair Machinist skilled nology. The Detroit Metro Girl Scouts have set CALIFORNIA trades Journeyman classification. After grad- up a program with Lawrence Technological In- uating from the UAWÐGM apprenticeship pro- stitute in Detroit, Michigan to further the in- HON. FORTNEY PETE STARK gram Cal became active in UAW Local 659. volvement of young women in the field of OF CALIFORNIA UAW Local Unions are the front lines in pro- technology. IN THE HOUSE OF REPRESENTATIVES viding assistance and better jobsite conditions In the Girl Scouts, girls discover the fun, for workers. Through the various elected posi- friendship, and power of girls together, through Thursday, March 14, 2002 tions Cal held with Local 659, he was able to a myriad of experiences, such as extraor- Mr. STARK. Mr. Speaker, I rise today to learn every aspect of the Local’s day-to-day dinary field trips, sports skill-building clinics, recognize California State Superintendent of operations. From grassroots political action, community service projects, environmental Public Instruction, Delaine Eastin, on the dedi- solving health and safety problems and negoti- stewardships and numerous other character cation of the Delaine Eastin Elementary ating local contracts, Cal was at the forefront building activities. They provide young women School in Union City, California. of every fight for justice and equity for the with the opportunity to build a strong mind, Delaine Eastin once stated, ‘‘I’ll never stop members. In 1982 he was the chair of the body, and spirit through various programs fighting for children and education, it’s my UAW Negotiating Team that successfully bar- dealing with nutrition, diet, exercise and sev- life’s work.’’ As a strong defender of top-qual- gained the UAWÐGM Master Agreement. eral other health campaigns including the ity education in California, Delaine Eastin has This success led to his appointment to the Campaign for Tobacco-Free Kids and Child proven immeasurably successful at this admi- UAW International staff that same year. Work- Health Day. rable goal. ing with a wide variety of organizations and

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 0626 Sfmt 9920 E:\CR\FM\A14MR8.072 pfrm01 PsN: E14PT1 March 14, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E367 plants, Cal participated in the global efforts of of big game hunting. In addition to its record eight seed in the NCAA tournament and will the UAW to bring fair wages, human rights, books, the organization’s official publication, be playing their first game against St. John’s and a new approach to international trade to ‘‘Buck Fax,’’ has become an excellent re- University on the evening of Friday, March 15, workers in the United States and worldwide. In source for hunters throughout the state. at the MCI Center in Washington, DC. 1988 Cal was promoted to Coordinator of Ac- The magazine provides a top-notch forum I wholeheartedly congratulate the University tive Training Programs at the UAWÐGM for successful hunters to pass on their per- of Wisconsin Males Basketball Team on their Human Resources Center. He went on to sonal hunting strategies and display their tro- successful season and wish them the best of serve in the UAW GM Department as Admin- phies with their own pictures. It also provides luck in the NCAA tournament. istrative Assistant to then UAW Vice-President a guide for young novice hunters through in- Stephen Yokich from 1989 to 1995. formation and articles included in ‘‘Buck Tail f Following up his appointment as Assistant Basics.’’ Moreover, in the interest of commu- Director of Region 1ÐC in 1995, Cal was nity service, ‘‘Buck Fax’’ is mailed free of PAYING TRIBUTE TO GERTRUDE L. named the region’s director in 1998. With charge to every high school library in the state BENZEL these two positions Cal came back to his early and to veterans hospitals. roots. His service to the Flint community re- In addition, both through the magazine and flects Cal’s vision of a better life for workers through informational events held across the HON. SCOTT McINNIS and their families. He serves on the board of state, Commemorative Bucks plays a vital role OF COLORADO many community organizations including as an advocate for deer management and the IN THE HOUSE OF REPRESENTATIVES cultivation of wildlife as a renewable resource. Healthplus of Michigan and the Greater Flint Thursday, March 14, 2002 Health Coalition. As all outdoors enthusiasts understand, hunt- A huge Spartan fan, Cal attended Michigan ing greatly benefits our efforts to sustain wild- Mr. McINNIS. Mr. Speaker, it is with pro- State University. Realizing the importance of life populations and foster an environment that found sadness that I rise today to recognize education and history Cal now works with will protect our resources for future genera- the life and contributions of Gertrude L. Benzel Michigan State University, Mott Community tions. Commemorative Bucks also takes an of Glenwood Springs, Colorado. Gert peace- College and Lansing Community College to active role in promoting hunters’ rights to en- fully left us on a Saturday morning, March 9, preserve the history of the labor movement sure that the ability to hunt is not infringed 2002. Gert was a popular member and patri- and to foster better relations between labor upon by those who fail to understand the im- arch of the community and was often sought and educational institutions. portance of hunting. by many for her listening ear, advice, and Cal Rapson has a deep and abiding respect Mr. Speaker, I ask my colleagues to join me warm smile. for the workers in Region 1ÐC. Having come in honoring Commemorative Bucks of Michi- Gert was a native of her state, born in 1911 up through the ranks with most of the workers gan, President Richard Wilt and the entire in Delta, Colorado and resided in Grand Junc- in this area Cal stated in his director’s report, membership for the significant contributions to tion. In 1942, Gert, along with her late hus- ‘‘I have never been prouder to be from this re- hunting made by the organization during the band Alex, moved to Glenwood Springs and gion than after the events of September 11.’’ past 20 years. I am confident Commemorative purchased a sheep ranch. Gert soon there- Under his leadership the local unions raised Bucks will continue to honor the achievements after found herself desiring to improve the over $500,000 to benefit the victims of that of Michigan Hunters and act as an advocate lives of her fellow community members. She tragedy. UAW Region 1ÐC workers donated for responsible hunting and wildlife manage- was often found spending her time as Presi- their time and labor to build vehicles for the ment for many years to come. dent of the State Woolgrowers Association, as New York City recovery operation, replacing f a charter member of the Glenwood Springs those destroyed in the collapse of the World THE UNIVERSITY OF WISCONSIN— Golf Club, or at various charitable and volun- Trade Towers. MADISON MALE BASKETBALL teer organizations throughout the area. What I Mr. Speaker, I consider Cal Rapson a dear TEAM find truly amazing is how Gert was able to friend and superior advisor. I appreciate his stay completely involved in her pursuits and expertise, his common sense, his judgment, still be able to raise a family that appreciated his guidance, and discernment. The UAW will HON. TAMMY BALDWIN and valued the importance of hard work, miss his contributions to the labor movement. OF WISCONSIN honor, and perseverance. She raised her chil- I ask the House of Representatives join me in IN THE HOUSE OF REPRESENTATIVES dren John and Joanne to be respectful and wishing him the best as he begins his well-de- Thursday, March 14, 2002 hardworking individuals determined to succeed served retirement. Ms. BALDWIN. Mr. Speaker, I rise today in in their own pursuits. Gert’s influence touched f recognition of the University of Wisconsin— many lives outside of her immediate family Madison male basketball team who through a COMMEMORATIVE BUCKS OF and she was a well-revered and loving moth- season of intense hard work made the 2002 MICHIGAN SCORES BIG FOR er, grandmother, wife, sister, and friend to NCAA basketball tournament. After being HUNTERS many. picked to finish ninth in their league by most pre-season publications, the UW Badgers Gert’s passing is especially hard for me as HON. JAMES A. BARCIA ended the season with a share of the Big Ten she was like a second mother to our family. I OF MICHIGAN have such warm memories of those days of IN THE HOUSE OF REPRESENTATIVES Championship, and a number one seed in the Big Ten Tournament. This championship title my youth that I spent visiting our neighbors, Thursday, March 14, 2002 was the first the school has seen since the the Benzels. Whether it was hunting with Mr. BARCIA. Mr. Speaker, I rise today to 1946–’47 season. John, handling sheep up Storm King with pay tribute to Commemorative Bucks of Michi- The team began the season with a new Shep (Alex), talking with JoAnne, or watching gan on the occasion of its 20th anniversary. I coach, Bo Ryan, and had graduated four out Jeannie with baby Julie, they were all wonder- am proud to have written during my years as of its five starters from last season, and before ful times. But truly, I will miss that special time a state lawmaker the resolution that estab- the season even got underway, lost two of its with Gert. The ranch, the golf course, the lished Commemorative Bucks as the official star freshmen. Under the motivating leader- kitchen (baking cakes for my parents birth- record-keeping organization for big game ship of Ryan, however, the team finished its day), the kittens, all of it was good living and hunters in my home state or Michigan. I am regular season with an impressive six-game we will miss her very much. prouder still to be a member of such an out- winning streak to finish the Big Ten season Mr. Speaker, it is my privilege to pay tribute standing organization and to have one of my with an 11Ð5 record and an 18Ð11 mark over- to Gertrude L. Benzel for the great strides she hunting achievements included it its record all. took in establishing herself as a valuable lead- book. Ending Michigan State’s, fifty-three home er and patriarch of the Glenwood Springs As a non-profit organization, Commemora- game winning streak in January, and their community. Her dedication to family, friends, tive Bucks of Michigan collects and maintains one-point victory over Indiana, providing the work, and the community certainly deserves records on trophy class Whitetail deer, black first UW victory over Indiana at Indiana in the recognition of this body of Congress, and bear, elk and turkey taken by legal hunting twenty-five years, were just a couple of the this nation. Although Gert has left us, her means in the state of Michigan. Under the highlights of this exciting Badger season. Their good-natured spirit lives on through the lives strong leadership of President Richard Wilt last game, in which the team beat Michigan by of those she has touched. I would like to ex- and previous top officials, Commemorative twenty points, ended with a sold-out crowd tend my regrets and deepest sympathies to Bucks has become a premier organization in chanting ‘‘Big Ten Champs. Big Ten Champs.’’ Gert’s family and friends during this sad and the state for the promotion and advancement These Big Ten Champs ended up with an difficult time. We’re going to miss you Gert.

VerDate 112000 04:58 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 0626 Sfmt 0634 E:\CR\FM\A14MR8.076 pfrm01 PsN: E14PT1 Thursday, March 14, 2002 Daily Digest

HIGHLIGHTS The House passed H.R. 2146, Two Strikes and You’re Out Child Protec- tion Act. House committees ordered reported six sundry measures. Senate Energy Policy Act: Senate continued consideration Chamber Action of S. 517, to authorize funding for the Department Routine Proceedings, pages S1871–S1957 of Energy to enhance its mission areas through tech- Measures Introduced: Seven bills and one resolu- nology transfer and partnerships for fiscal years 2002 tion were introduced, as follows: S. 2013–2019, and through 2006, taking action on the following amendments proposed thereto: Pages S1871–S1915 S. Res. 226. Page S1935 Adopted: Measures Reported: Wyden/Feinstein Amendment No. 3014 (to S. Res. 206, designating the week of March 17 Amendment No. 2917), to establish within the De- through March 23, 2002 as ‘‘National Inhalants and partment of Justice the Office of Consumer Advo- Poison Prevention Week’’. cacy. Pages S1892–94 S. Res. 207, designating March 31, 2002, and Thomas/Murkowski Amendment No. 3012 (to March 31, 2003, as ‘‘National Civilian Conservation Amendment No. 2917), to establish an organization Corps Day’’, with an amendment in the nature of a to enforce reliability standards with respect to elec- substitute and with an amended preamble. tricity. Pages S1872–82, S1884–92 S. Res. 221, to commemorate and acknowledge Rejected: the dedication and sacrifice made by the men and By 29 yeas to 70 nays (Vote No. 50), Jeffords women who have lost their lives while serving as law Amendment No. 3017 (to Amendment No. 3016), enforcement officers. to establish renewable electric energy generation S. 1356, to establish a commission to review the standards. Pages S1899–S1914 facts and circumstances surrounding injustices suf- Pending: fered by European Americans, European Latin Amer- Daschle/Bingaman Further Modified Amendment icans, and European refugees during World War II, No. 2917, in the nature of a substitute. Page S1871 with an amendment in the nature of a substitute. Feinstein Amendment No. 2989 (to Amendment Page S1935 No. 2917), to provide regulatory oversight over en- Measures Passed: ergy trading markets. Page S1871 Kerry/McCain Amendment No. 2999 (to Amend- Export-Import Bank Authority Extension: Sen- ment No. 2917), to provide for increased average ate passed S. 2019, to extend the authority of the fuel economy standards for passenger automobiles Export-Import Bank until April 30, 2002. and light trucks. Page S1872 Page S1954 Dayton/Grassley Amendment No. 3008 (to Export-Import Bank Authorization: Senate Amendment No. 2917), to require that Federal passed S. 1372, to reauthorize the Export-Import agencies use ethanol-blended gasoline and biodiesel- Bank of the United States, after agreeing to the fol- blended diesel fuel in areas in which ethanol-blended lowing amendment proposed thereto: Page S1954 gasoline and biodiesel-blended diesel fuel are avail- Reid (for Allard) Amendment No. 3029, to estab- able. Pages S1882–84 lish an Inspector General at the Export-Import Bank Bingaman Amendment No. 3016 (to Amendment No. 2917), to clarify the provisions relating to the of the United States. Page S1956 Renewable Portfolio Standard. Pages S1897–99 D232

VerDate 11-MAY-2000 04:28 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR2.REC pfrm01 PsN: D14MR2 March 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D233 Lott Amendment No. 3028 (to Amendment No. Steven Robert Blust, of Florida, to be a Federal 2917), to provide for the fair treatment of Presi- Maritime Commissioner for a term expiring June 30, dential judicial nominees. Pages S1917–21 2006. During consideration of this measure today, Senate W. Roy Grizzard, of Virginia, to be an Assistant also took the following action: Secretary of Labor. By 60 yeas to 40 nays (Vote No. 49), three-fifths Evelyn Dee Potter Rose, of Texas, to be a Member of those Senators duly chosen and sworn, having of the National Council on the Arts for a term ex- voted in the affirmative, Senate agreed to the motion piring September 3, 2006. to waive the Congressional Budget Act of 1974 with Celeste Colgan, of Texas, to be a Member of the respect to Thomas/Murkowski Amendment No. National Council on the Humanities for a term ex- piring January 26, 2008. 3012 (to Amendment No. 2917), to establish an or- Wilfred M. McClay, of Tennessee, to be a Mem- ganization to enforce reliability standards with re- ber of the National Council on the Humanities for spect to electricity. Subsequently, the point of order, a term expiring January 26, 2006. Page S1957 that the amendment was in violation of section 302(f) of the Congressional Budget Act of 1974, Messages From the House: Page S1934 failed. Page S1897 Measures Referred: Pages S1934–35 Senate will continue consideration of the bill on Measures Placed on Calendar: Page S1935 Friday, March 15, 2002. Executive Communications: Page S1935 Campaign Finance Reform—Agreement: A unan- Executive Reports of Committees: Page S1935 imous-consent agreement was reached providing for consideration of H.R. 2356, to amend the Federal Additional Cosponsors: Pages S1935–36 Election Campaign Act of 1971 to provide bipar- Statements on Introduced Bills/Resolutions: tisan campaign reform, at 3 p.m., on Monday, March Pages S1936–40 18, 2002, and that the pending cloture motion on Additional Statements: Pages S1933–34 the motion to proceed to consideration of the bill be Amendments Submitted: Pages S1941–52 vitiated. Pages S1914–15 Authority for Committees to Meet: Pages S1952–53 District of Columbia College Access Improve- ment Act: Senate concurred in the amendment of Privilege of the Floor: Page S1953 the House to Senate amendments to H.R. 1499, to Record Votes: Two record votes were taken today. amend the District of Columbia College Access Act (Total—50) Pages S1897, S1914 of 1999 to permit individuals who enroll in an insti- Adjournment: Senate met at 9:30 a.m., and ad- tution of higher education more than 3 years after journed at 8:23 p.m., until 9:15 a.m., on Friday, graduating from a secondary school and individuals March 15, 2002. (For Senate’s program, see the re- who attend private historically black colleges and marks of the Acting Majority Leader in today’s universities nationwide to participate in the tuition Record on page S1957). assistance programs under such Act. Pages S1953–54 T’ur Shur Bein Preservation Trust Area Act— Committee Meetings Joint Referral Agreement: A unanimous-consent agreement was reached providing that S. 2018, the (Committees not listed did not meet) T’uf Shur Bein Preservation Trust Area Act be joint- APPROPRIATIONS—AGRICULTURE ly referred to the Committees on Energy and Nat- Committee on Appropriations: Subcommittee on Agri- ural Resources and Indian Affairs. Page S1953 culture, Rural Development, and Related Agencies Nomination—Agreement: A unanimous-consent concluded hearings on proposed budget estimates for agreement was reached providing for consideration of fiscal year 2003 for the Department of Agriculture, David C. Bury, to be United States District Judge focusing on the Farm and Foreign Agricultural Serv- for the District of Arizona, at 9:15 a.m., on Friday, ices, Natural Resources Conservation Services, Rural March 15, 2002, with a vote to occur thereon. Development Mission Area, Research, Education, Page S1957 and Economics, Department Administration, Na- Nominations Received: Senate received the fol- tional Appeals Division, Office of the Chief Financial lowing nominations: Officer, Working Capital Fund, and Office of the In- Phyllis K. Fong, of Maryland, to be Inspector spector General, after receiving testimony from General, Department of Agriculture. Keith Collins, Chief Economist, J.B. Penn, Under Secretary for Farm and Foreign Services, Mark E.

VerDate 11-MAY-2000 04:28 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR2.REC pfrm01 PsN: D14MR2 D234 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2002 Rey, Under Secretary for Natural Resources and En- partment of Defense, focusing on Army moderniza- vironment, Michael E. Neruda, Deputy Under Sec- tion and transformation, after receiving testimony retary for Rural Development, Joseph J. Jen, Under from Les Brownlee, Under Secretary of the Army; Secretary for Research, Education and Economics, and Gen. John M. Keane, USA, Vice Chief of Staff, and Dennis Kaplan, Director, Office of Budget and United States Army. Program Analysis, all of the Department of Agri- ACCOUNTING AND INVESTOR culture. PROTECTION REGIONAL EMERGENCY PLANNING Committee on Banking, Housing, and Urban Affairs: Committee on Appropriations: Subcommittee on District Committee resumed oversight hearings to examine of Columbia concluded hearings to examine the ac- accounting and investor protection issues raised by countability of funds appropriated last year for re- Enron and other public companies, including over- gional emergency planning for the Nation’s Capital, sight of the accounting profession, audit quality and in order to implement a seamless emergency re- independence, and formulation of accounting prin- sponse plan, a rigorous training program, and a pub- ciples, receiving testimony from James G. lic education plan, after receiving testimony from Castellano, Rubin, Brown, Gornstein and Company, Deputy Mayor for Public Safety and Justice Margret James E. Copeland, Deloitte and Touche, William E. Nedelkoff Kellems, and Peter G. LaPorte, Emer- Balhoff, Poslethwaite and Netterville, Olivia A. gency Management Agency, both of the Government Kirtley, ResCare, Inc., and James S. Gerson, of the District of Columbia, Richard A. White, PricewaterhouseCoopers, all of New York, New Washington Metropolitan Area Transit Authority, York, on behalf of the American Institute of Cer- and Michael C. Rogers, Metropolitan Washington tified Public Accountants; and Peter J. Wallison, Council of Governments, all of Washington, D.C. American Enterprise Institute Project on Financial Market Deregulation, and Robert E. Litan, Brook- APPROPRIATIONS—EDUCATION ings Institution Economic Studies Program, both of Committee on Appropriations: Subcommittee on Labor, Washington, D.C. Health and Human Services, and Education con- Hearings continue on Tuesday, March 19. cluded hearings on proposed budget estimates for NOMINATIONS fiscal year 2003 for the Department of Education, after receiving testimony from Roderick Paige, Sec- Committee on Banking, Housing, and Urban Affairs: retary of Education. Committee concluded hearings on the nominations of JoAnn Johnson, of Iowa, and Deborah Matz, of APPROPRIATIONS—TREASURY New York, each to be a Member of the National Committee on Appropriations: Subcommittee on Treas- Credit Union Administration Board, after the nomi- ury and General Government concluded hearings on nees testified and answered questions in their own proposed budget estimates for fiscal year 2003 for behalf. Ms. Johnson was introduced by Senator the Department of the Treasury, after receiving testi- Grassley. mony from Paul H. O’Neill, Secretary of the Treas- NATIONAL DEFENSE RAIL ACT ury. Committee on Commerce, Science, and Transportation: DEFENSE AUTHORIZATION Committee concluded hearings on S. 1991, to estab- Committee on Armed Services: Committee concluded lish a national rail passenger transportation system, hearings on proposed legislation authorizing funds reauthorize Amtrak, and improve security and serv- for fiscal year 2003 for the Department of Defense, ice on Amtrak, after receiving testimony from Sen- focusing on the atomic energy defense activities of ators Biden and Carper; Michael P. Jackson, Deputy the Department of Energy, after receiving testimony Secretary, and Kenneth M. Mead, Inspector General, from Spencer Abraham, Secretary, Everett Beckner, both of the Department of Transportation; George Deputy Administrator for Defense Programs, and D. Warrington, President/CEO, Amtrak (National Linton F. Brooks, Deputy Administrator for Defense Railroad Passenger Corporation); New Orleans Nuclear Nonproliferation, both of the National Nu- Mayor Marc Morial, New Orleans, Louisiana, on be- clear Security Administration, all of the Department half of the U.S. Conference of Mayors; David D. of Energy. King, North Carolina Deputy Department of Trans- portation, Raleigh, on behalf of the States for Pas- DEFENSE AUTHORIZATION senger Rail Coalition; Edward Hamberger, Associa- Committee on Armed Services: Subcommittee on Airland tion of American Railroads, Gilbert E. Carmichael, concluded hearings to examine proposed legislation Amtrak Reform Council, and Charles F. authorizing funds for fiscal year 2003 for the De- Moneypenny, Transport Workers Union of America,

VerDate 11-MAY-2000 04:28 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR2.REC pfrm01 PsN: D14MR2 March 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D235

all of Washington, D.C.; and William J. Rennicke, Steel’s Sparrows Point mill, and Gertrude Misterka, Mercer Management Consulting, Inc., Lexington, both of Baltimore, Maryland; and McCall White, Massachusetts. Ellicott City, Maryland. PRESCRIPTION DRUGS INDIAN PROGRAMS BUDGET Committee on Finance: Committee held hearings to ex- Committee on Indian Affairs: Committee concluded amine reimbursement and access to prescription oversight hearings on the President’s proposed budg- drugs under Medicare Part B, focusing on payment et request for fiscal year 2003 for Indian programs, systems, physician practice costs, and recent settle- including those provided by the Department of Inte- ments, receiving testimony from Thomas A. Scully, rior’s Bureau of Indian Affairs, National Indian Administrator, Centers for Medicare and Medicaid Gaming Commission, and the Environmental Protec- Services, and Janet Rehnquist, Inspector General, tion Agency, after receiving testimony from Neal A. both of the Department of Health and Human Serv- McCaleb, Assistant Secretary of the Interior, Bureau ices; Laura A. Dummit, Director, Health Care-Medi- of Indian Affairs; Diane C. Regas, Acting Assistant care Payment Issues, General Accounting Office; Administrator for Water, Environmental Protection Larry Norton, Memorial Sloan-Kettering Cancer Agency; and Montie R. Deer, National Indian Gam- Center, New York, New York, on behalf of the ing Commission, Washington, D.C. American Society of Clinical Oncology; Ellen Stovall, National Coalition for Cancer Survivorship, Silver NOMINATIONS Spring, Maryland; and Lisa M. Getson, Apria Committee on Veterans’ Affairs: Committee concluded Healthcare, Lake Forest, California. hearings on the nominations of Robert H. Roswell, Hearings recessed subject to call. of Florida, to be Under Secretary for Health, and NOMINATIONS Daniel L. Cooper, of Pennsylvania, to be Under Sec- Committee on Foreign Relations: Committee concluded retary for Benefits, both of the Department of Vet- hearings on the nomination of Richard Monroe erans Affairs, after the nominees testified and an- Miles, of South Carolina, to be Ambassador to Geor- swered questions in their own behalf. Mr. Roswell gia, James W. Pardew, of Arkansas, to be Ambas- was introduced by Senators Graham and Nelson (FL). sador to the Republic of Bulgaria, Peter Terpeluk, SENIOR HEALTH CARE AND THE Jr., of Pennsylvania, to be Ambassador to Luxem- ECONOMY bourg, and Lawrence E. Butler, of Maine, to be Am- bassador to The Former Yugoslav Republic of Mac- Special Committee on Aging: Committee concluded edonia, after the nominees testified and answered hearings to examine the current economy and its im- questions in their own behalf. Mr. Miles was intro- pact on seniors, focusing on funds for, and services duced by Senator Hollings, Mr. Terpeluk was intro- provided by, Medicaid, health, and senior services, duced by Senators Specter and Santorum, and Mr. after receiving testimony from Gail R. Wilensky, Butler was introduced by Senator Collins. Project HOPE, Bethesda, Maryland, former Admin- istrator, Health Care Financing Administration; AMERICAN STEEL Idaho Lt. Governor Jack Riggs, on behalf of the Committee on Health, Education, Labor, and Pensions: Council of State Governments Health Capacity Task Committee concluded hearings to examine the future Force, and Karl B. Kurtz, Idaho Department of of American steel, focusing on ensuring the viability Health and Welfare, both of Boise; Joan W. Law- of the industry and the health care and retirement rence, Ohio Department of Aging, Columbus; Bar- security for workers, after receiving testimony from bara Lyons, Kaiser Commission on Medicaid and the Robert S. Miller, Jr., Bethlehem Steel Corporation, Uninsured, Washington, D.C.; Vernon K. Smith, Bethlehem, Pennsylvania; Leo W. Gerard, United Health Management Associates, Lansing, Michigan; Steelworkers of America, Pittsburgh, Pennsylvania; Barry Donenfeld, Mid-Willamette Valley Senior Jerry Fallos, United Steelworker of America Local Services Agency, Salem, Oregon, on behalf of the 4108, Aurora, Minnesota; Jeffrey Mikula, Bethlehem National Association of Area Agencies on Aging.

VerDate 11-MAY-2000 04:28 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR2.REC pfrm01 PsN: D14MR2 D236 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2002 House of Representatives Meeting Hour—Monday, March 18: Agreed that Chamber Action when the House adjourns today, it adjourn to meet Measures Introduced: 18 public bills, H.R. at 2 p.m. on Monday, March 18. Page H927 3965–3982; and 4 resolutions, H. Con. Res. Meeting Hour—Tuesday, March 19: Agreed that 350–352, and H. Res. 370 were introduced. when the House adjourns on Monday, March 18, it Pages H931–32 adjourn to meet at 12:30 p.m. on Tuesday, March Reports Filed: No Reports were filed today. 19 for morning hour debate. Page H927 Two Strikes and You’re Out Child Protection Calendar Wednesday: Agreed to dispense with the Act: The House passed H.R. 2146, to amend title Calendar Wednesday business of Wednesday, March 18 of the United States Code to provide life impris- 20. Page H927 onment for repeat offenders who commit sex offenses Quorum Calls—Votes: One yea-and-nay vote and against children by a yea-and-nay vote of 382 yeas one recorded vote developed during the proceedings to 34 nays, Roll No. 64. Pages H912–26 of the House today and appear on pages H924–25 Pursuant to the rule, the amendment in the na- and H925–26. There were no quorum calls. ture of a substitute recommended by the Committee Adjournment: The House met at 10 a.m. and ad- on the Judiciary now printed in the bill, H. Rept. journed at 1:05 p.m. 107–373, was considered as an original bill for the purpose of amendment. Page H912 Agreed To: Committee Meetings Conyers amendment that mandates judges to re- AGRICULTURE, RURAL DEVELOPMENT, port to the Administrative Office of the United FDA APPROPRIATIONS States Courts various findings including the race, Committee on Appropriations: Subcommittee on Agri- gender, age, and ethnicity of the victim and defend- culture, Rural Development, Food and Drug Admin- ant for each case in which a life sentence is imposed istration and Related Agencies held a hearing on (agreed to by a recorded vote of 259 ayes to 161 Food Safety and Inspection Service. Testimony was noes, Roll No. 63). Pages H924–25 heard from the following official of the USDA: Ste- Rejected: phen B. Dewhurst, Budget Officer; Elsa Murano, Scott amendment that sought to give judges the Under Secretary; and Merle D. Pierson, Deputy discretion to impose life imprisonment for certain re- Under Secretary, both with Food Safety; and Mar- peat sexual offenders; and Page H920 garet O’K Glavin, Acting Administrator, Food Safe- Scott amendment that sought to exempt sex of- ty and Inspection Service. fenders subject to tribal governments from provisions COMMERCE, JUSTICE, STATE AND of the bill. Page H921 JUDICIARY APPROPRIATIONS Withdrawn: Committee on Appropriations: Subcommittee on Com- Jackson-Lee amendment was offered but subse- merce, Justice, State and Judiciary held a hearing on quently withdrawn that sought to nullify the act State Department-International Organizations, and where there are five or more convicted child sex of- on NOAA. Testimony was heard from the following fenders within any given zip code. Page H924 officials of the Department of State: Ambassador Point of Order Sustained Against: John D. Negroponte, U.S. Mission to the UN; and Jackson-Lee amendment that sought to require a William Wood, Principal Deputy Assistant Sec- study by the National Institute of Justice on the retary; and Vice Adm. Conrad C. Lautenbacher, Jr., availability and effectiveness of treatment for incar- USN (Ret.), Administrator, NOAA, Department of cerated and non-incarcerated perpetrators of sex of- Commerce. fenses against children. Page H922 DEFENSE APPROPRIATIONS H. Res. 366, the rule that provided for consider- Committee on Appropriations: ation of the bill was agreed to by voice vote. Subcommittee on Defense held a hearing on Fiscal Year 2003 Army Budget Pages H912–13 Overview. Testimony was heard from the following Legislative Program: The Majority Leader an- officials of the Department of the Army: Thomas E. nounced the Legislative Program for the week of White, Secretary; and Gen. Eric K. Shinseki, USA, March 18. Pages H926–27 Chief of Staff.

VerDate 11-MAY-2000 04:28 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR2.REC pfrm01 PsN: D14MR2 March 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D237 ENERGY AND WATER DEVELOPMENT VA, HUD AND INDEPENDENT AGENCIES APPROPRIATIONS APPROPRIATIONS Committee on Appropriations: Subcommittee on Energy Committee on Appropriations: Subcommittee on VA, and Water Development held a hearing on Depart- HUD and Independent Agencies held a hearing on ment of Energy-Nuclear Waste Management and Community Development Financial Institutions and Disposal. Testimony was heard from the following on National Institute of Environmental Health Serv- officials of the Department of Energy: Lake Barrett, ices. Testimony was heard from Tony Brown, Direc- Director, Office of Civil Radioactive Waste Manage- tor, Community Development Financial Institutions ment; and Jessie Robertson, Assistant Secretary, En- Fund, Department of the Treasury; and Kenneth vironmental Waste Management. Olden, M.D., Director, National Institute of Envi- ronmental Health Sciences, NIH, Department of INTERIOR APPROPRIATIONS Health and Human Services. Committee on Appropriations: Subcommittee on Interior NATIONAL DEFENSE AUTHORIZATION held an oversight hearing on Bureau of Indian Af- fairs, and Office of Special Trustee for American In- BUDGET REQUEST dians. Testimony was heard from the following offi- Committee on Armed Services: Continued hearings on cials of the Department of the Interior: J. Stevens the fiscal year 2003 National Defense Authorization Griles, Deputy Secretary; Thomas N. Slonaker, Spe- budget request. Testimony was heard from Depart- cial Trustee, American Indians; Neil A. McCaleb, ment of Defense: Gen. Ralph E. Eberhart, USAF, Assistant Secretary, Indian Affairs; and Ross O. Commander-in-Chief, U.S. Space Command; and Swimmer, Director, Office of Indian Trust Transi- Gen. William F. Kernan, USA, Commander-in- tion. Chief, U.S. Joint Forces Command. Hearings continue March 20. LABOR, HHS AND EDUCATION APPROPRIATIONS MARITIME ADMINISTRATION AUTHORIZATION BUDGET REQUEST Committee on Appropriations: Subcommittee on Labor, Health and Human Service and Education held a Committee on Armed Services: Special Oversight Panel hearing on National Institutes of Health Panel: From on the Merchant Marine held a hearing on the fiscal Bench to Bedside and Beyond. Testimony was heard year 2003 Maritime Administration Authorization from the following officials of Department of Health budget request. Testimony was heard from William and Human Services, NIH: Allen M. Spiegel, M.D., G. Schubert, Maritime Administrator, Maritime Ad- Director, Diabetes and Digestive and Kidney Dis- ministration, Department of Transportation. eases; Andrew von Eschenbach, M.D., Director, Na- tional Cancer Institute; Richard J. Hodes, M.D., Di- ENVIRONMENTAL AND ENCROACHMENT rector, National Institute on Aging; Audrey S. Penn, ISSUES M.D., Acting Director, Neurological Disorders and Committee on Armed Services: Subcommittee on Mili- Stroke; and Anthony S. Fauci, M.D., Director, Na- tary Readiness held a hearing on environmental and tional Institute of Allergy and Infectious Diseases. encroachment issues. Testimony was heard from the following officials of the Department of Defense: TRANSPORTATION APPROPRIATIONS Raymond F. DuBois, Jr., Deputy Under Secretary Committee on Appropriations: Subcommittee on Trans- (Installations and Environment); Paul W. Mayberry, portation continued appropriation hearings. Testi- Deputy Under Secretary (Readiness); Mario Fiori, mony was heard from Members of Congress. Assistant Secretary (Installations and Environment), Department of the Army; Hansford T. Johnson, As- TREASURY, POSTAL SERVICE AND sistant Secretary (Installations and Environment), De- partment of the Navy; and Nelson Gibbs, Assistant GENERAL GOVERNMENT APPROPRIATIONS Secretary (Installations, Environment and Logistics), Committee on Appropriations: Subcommittee on Treas- Department of the Air Force; Steven Shimberg, Dep- ury, Postal Service and General Government held a uty Associate Administrator, Enforcement and Com- hearing on OMB and on Executive Office of the pliance, EPA; Craig Manson, Assistant Secretary, President. Testimony was heard from Mitchell E. Fish, Wildlife and Parks, Department of the Interior; Daniels, Jr., Director, OMB; and Phil Larson, Special and William Hogarth, Assistant Administrator, Assistant to the President and Director, Office of Fisheries, National Marine Fisheries Service, NOAA, Administration. Department of Commerce.

VerDate 11-MAY-2000 04:28 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR2.REC pfrm01 PsN: D14MR2 D238 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2002

CONCURRENT BUDGET RESOLUTION States Code, to allow certain catch-up contributions FISCAL YEAR 2003 to the Thrift Savings Plan to be made by partici- Committee on the Budget: On March 13, the Com- pants age 50 or over; H.R. 3921, Acquisition mittee ordered reported the Concurrent Resolution Streamlining Improvement Act; H.R. 3947, amend- on the Budget for Fiscal Year 2003. ed, Federal Property Asset Management Reform Act ENRON FINANCIAL COLLAPSE of 2002; H.R. 3924, Freedom to Telecommute Act of 2002; H.R. 3925, amended, Digital Tech Corps Committee on Energy and Commerce: Subcommittee on Act of 2001. Oversight and Investigations continued hearings on The Committee also approved a draft report enti- the Financial Collapse of Enron Corp., focusing on tled ‘‘Justice Undone: Clemency Decisions in the Enron’s inside and outside counsel. Testimony was Clinton White House.’’ heard from Rex R. Rogers, Vice President and Asso- ciate General Counsel, Enron Corporation; the fol- AFGHANISTAN FREEDOM SUPPORT ACT lowing former officials of Enron Corporation: Scott M. Sefton, General Counsel, Enron Global Finance; Committee on International Relations: Held a hearing on James V. Derrick, Jr., General Counsel; and Carol L. the Afghanistan Freedom Support Act of 2002. Tes- St. Clair, Assistant General Counsel, ECT Resources timony was heard from the following officials of the Group; and the following officials of Vinson and Department of State: Andrew S. Natsios, Adminis- Elkins, L.L.P.: Joseph C. Dilg, Managing Partner; trator, AID; and Alan P. Larson, Under Secretary, and Ronald R. Astin, Partner. Economic, Business and Agricultural Affairs. FINANCIAL SERVICES REGULATORY RELIEF ACT OVERSIGHT—PATENT LAW Committee on Financial Services: Subcommittee on Fi- Committee on the Judiciary: Subcommittee on Courts, nancial Institutions and Consumer Credit held a the Internet, and Intellectual Property held an over- hearing on the Financial Services Regulatory Relief sight hearing on ‘‘Patent Law and Non-Profit Re- Act of 2002. Testimony was heard from Mark search Collaboration.’’ Testimony was heard from Olson, member, Board of Governors, Federal Reserve public witnesses. System; the following officials of the Department of the Treasury: Julie L. Williams, First Senior Deputy OFFICE OF JUSTICE PROGRAMS Comptroller and Chief Counsel, Office of the Comp- Committee on the Judiciary: Subcommittee on Crime troller of the Currency; and Carolyn Buck, Chief held continued hearings on the Office of Justice Pro- Counsel, Office of Thrift Supervision; William S. grams Part Three—Waste, Fraud and Abuse. Testi- Kroener, General Counsel, FDIC; Dennis Dollar, mony was heard from the following officials of the Chairman, National Credit Union Administration; Department of Justice: Glenn A. Fine, Inspector and public witnesses. General; Tracy A. Henke, Principal Deputy Assist- BROWNFIELDS REDEVELOPMENT ant Attorney General, Office of Justice Programs; ENHANCEMENT ACT; COMMUNITY and Carl Peed, Director, COPS Office; and Bonnie DEVELOPMENT BLOCK GRANT PROGRAM Campbell, former Director, Violence Against Committee on Financial Services: Subcommittee on Women Office, Office of Justice Programs, Depart- Housing and Community Opportunity approved for ment of Justice. full Committee action, as amended, H.R. 2941, Brownfields Redevelopment Enhancement Act. OVERSIGHT The Subcommittee also held a hearing entitled Committee on Resources: Subcommittee on Energy and ‘‘Review of the Community Development Block Mineral Resources held an oversight hearing on ‘‘FY Grant Program.’’ Testimony was heard from Rep- 2003 U.S. Geological Survey, Minerals Management resentatives Shays, Meek of Florida and Ros- Service and Office of Surface Mining Reclamation & Lehtinen; Roy Bernardi, Assistant Secretary, Com- Enforcement Budgets.’’ Testimony was heard from munity Planning and Development, Department of Housing and Urban Development; and public wit- the following officials of the Department of the Inte- nesses. rior: Jeffrey Jarrett, Director, Office of Surface Min- ing, Reclamation and Enforcement; P. Patrick Leahy, MISCELLANEOUS MEASURES Associate Director, Geology, U.S. Geological Survey; Committee on Government Reform: Ordered reported the and Lucy Querques Denett, Acting Director, Min- following bills: H.R. 3340, to amend title 5, United erals Management Service.

VerDate 11-MAY-2000 04:28 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR2.REC pfrm01 PsN: D14MR2 March 14, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D239 SPECIES PROTECTION AND EMPLOYEE RETIREMENT SAVINGS BILL OF CONSERVATION OF THE ENVIRONMENT RIGHTS ACT Committee on Ways and Means: Ordered reported, as Committee on Resources: Subcommittee on Fisheries amended, H.R. 3669, Employee Retirement Savings Conservation, Wildlife and Oceans, the Sub- Bill of Rights. committee on National Parks, Recreation and Public RATIONALIZING MEDICARE Lands and the Subcommittee on Forests and Forest SUPPLEMENTAL INSURANCE Health held a joint hearing on H.R. 3558, Species Committee on Ways and Means: Subcommittee on Protection and Conservation of the Environment Act. Health held a hearing on Rationalizing Medicare Testimony was heard from James Tate, Jr., Science Supplemental Insurance. Testimony was heard from Advisor to the Secretary, Department of the Interior; Bobby Jindal, Assistant Secretary, Planning and Janette Kaiser, Acting Associate Deputy Chief, Na- Evaluation, Department of Health and Human Serv- tional Forest System, Forest Service, USDA; and ices; William Scanlon, Director, Health Financing public witnesses. and System Issues, GAO; and public witnesses. NATIONAL SEA GRANT COLLEGE MISCELLANEOUS MEETINGS PROGRAMACT AMENDMENTS; Permanent Select Committee on Intelligence: Met in execu- TECHNOLOGY ADMINISTRATIONREVIEW tive session to hold meetings with Richard Betts, AND REAUTHORIZATION member, of the former National Commission on Ter- rorism and with the British House of Commons Committee on Science: Subcommittee on Environment, Northern Ireland Affairs Committee. Technology, and Standards approved for full Com- mittee action, as amended, H.R. 3389, National Sea Grant College Program Act Amendments of 2002. Joint Meetings The Subcommittee also held a hearing on Tech- VETERANS PROGRAMS nology Administration: Review and Reauthorization. Joint Hearing: Senate Committee on Veterans’ Affairs Testimony was heard from the following officials of concluded joint hearings with the House Committee the Department of Commerce: Phillip J. Bond, on Veterans’ Affairs to examine the legislative pres- Under Secretary, Technology and Chief of Staff to entations of certain veterans organizations, after re- the Secretary; and Arden L. Bement, Director, Na- ceiving testimony from Rachel Clinkscale, Gold Star tional Institute of Standards and Technology; and Wives of America, Inc., Arlington, Virginia; Charles public witnesses. L. Calkins, Fleet Reserve Association, Alexandria, Virginia; Com. Sgt. Michael Parente, USAF, (Ret.), OVERSIGHT—NATIONAL Air Force Sergeants Association, Suitland, Maryland; TRANSPORTATION SAFETY BOARD and Sr. Mast. Sgt. Vincent B. Niski, USAF, (Ret.), REAUTHORIZATION The Retired Enlisted Association, Colorado Springs, Committee on Transportation and Infrastructure: Sub- Colorado. committee on Aviation and the Subcommittee on f Railroads held a joint oversight hearing on Reau- COMMITTEE MEETINGS FOR FRIDAY, thorization of the National Transportation Safety MARCH 15, 2002 Board. Testimony was heard from Marion C. Blakey, Chairman, National Transportation Safety Board. (Committee meetings are open unless otherwise indicated) Senate OVERSIGHT—PORT SECURITY FINANCIAL Committee on Appropriations: Subcommittee on Energy RESPONSIBILITY and Water Development, to hold hearings on proposed Committee on Transportation and Infrastructure: Sub- budget estimates for fiscal year 2003 for the Department committee on Coast Guard and Maritime Transpor- of Energy, 1:30 p.m., SD–138. tation held an oversight hearing on Financial Re- Committee on Health, Education, Labor, and Pensions: to hold hearings to examine child care improvement issues, sponsibility for Port Security. Testimony was heard 9:30 a.m., SD–430. from William G. Schubert, Administrator, Maritime Administration, Department of Transportation; and House public witnesses. No committee meetings are scheduled.

VerDate 11-MAY-2000 04:28 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D14MR2.REC pfrm01 PsN: D14MR2 D240 CONGRESSIONAL RECORD — DAILY DIGEST March 14, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:15 a.m., Friday, March 15 2 p.m., Monday, March 18

Senate Chamber House Chamber Program for Friday: Senate will consider the nomination Program for Monday: Pro forma session. of David C. Bury, to be United States District Judge for the District of Arizona, with a vote to occur thereon. Also, Senate will continue consideration of S. 517, Energy Policy Act.

Extensions of Remarks, as inserted in this issue

HOUSE Forbes, J. Randy, Va., E357 Ose, Doug, Calif., E358 Gallegly, Elton, Calif., E357 Owens, Major R., N.Y., E355, E362 Baldwin, Tammy, Wisc., E367 Gilman, Benjamin A., N.Y., E359 Pombo, Richard W., Calif., E357 Barcia, James A., Mich., E367 Hall, Tony P., Ohio, E348 Price, David E., N.C., E350 Bentsen, Ken, Tex., E365 Hinojosa, Rube´n, Tex., E362 Rivers, Lynn N., Mich., E353 Bilirakis, Michael, Fla., E351 Israel, Steve, N.Y., E349 Rohrabacher, Dana, Calif., E358 Boehlert, Sherwood L., N.Y., E351 Istook, Ernest J., Jr., Okla., E351 Rothman, Steven R., N.J., E351 Bonior, David E., Mich., E350 Johnson, Timothy V., Ill., E351 Sanchez, Loretta, Calif., E357, E359 Boozman, John, Ark., E358 Kildee, Dale E., Mich., E366 Schaffer, Bob, Colo., E355, E360 Burton, Dan, Ind., E364 Lee, Barbara, Calif., E359 Smith, Christopher H., N.J., E363 Capps, Lois, Calif., E347 Levin, Sander M., Mich., E355, E361 Stark, Fortney Pete, Calif., E366 Chambliss, Saxby, Ga., E348 Lucas, Ken, Ky., E366 Thomas, William M., Calif., E347 Collins, Mac, Ga., E347 McCarthy, Carolyn, N.Y., E363 Visclosky, Peter J., Ind., E363 Davis, Jim, Fla., E361 McCarthy, Karen, Mo., E358 Vitter, David, La., E353 Davis, Tom, Va., E362 McInnis, Scott, Colo., E356, E367 Wilson, Heather, N.M., E364 Dingell, John D., Mich., E366 Maloney, Carolyn B., N.Y., E350 Young, Don, Alaska, E352 Farr, Sam, Calif., E348 Meeks, Gregory W., N.Y., E353 Foley, Mark, Fla., E365 Ortiz, Solomon P., Tex., E350

E PL UR UM IB N U U S The public proceedings of each House of Congress, as reported by the Official Reporters thereof, are printed pursuant to directions Congressional Record of the Joint Committee on Printing as authorized by appropriate provisions of Title 44, United States Code, and published for each day that one or both Houses are in session, excepting very infrequent instances when two or more unusually small consecutive issues are printed at one time. ¶ Public access to the Congressional Record is available online through GPO Access, a service of the Government Printing Office, free of charge to the user. The online database is updated each day the Congressional Record is published. The database includes both text and graphics from the beginning of the 103d Congress, 2d session (January 1994) forward. It is available through GPO Access at www.gpo.gov/gpoaccess. Customers can also access this information with WAIS client software, via telnet at swais.access.gpo.gov, or dial-in using communications software and a modem at (202) 512–1661. Questions or comments regarding this database or GPO Access can be directed to the GPO Access User Support Team at: E-Mail: [email protected]; Phone 1–888–293–6498 (toll-free), 202–512–1530 (D.C. area); Fax: 202–512–1262. The Team’s hours of availability are Monday through Friday, 7:00 a.m. to 5:30 p.m., Eastern Standard Time, except Federal holidays. ¶ The Congressional Record paper and 24x microfiche will be furnished by mail to subscribers, free of postage, at the following prices: paper edition, $211.00 for six months, $422.00 per year, or purchased for $5.00 per issue, payable in advance; microfiche edition, $141.00 per year, or purchased for $1.50 per issue payable in advance. The semimonthly Congressional Record Index may be purchased for the same per issue prices. To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (866) 512–1800 (toll free), (202) 512–1800 (D.C. Area), or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record.

VerDate 11-MAY-2000 04:28 Mar 15, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0664 Sfmt 0664 E:\CR\FM\D14MR2.REC pfrm01 PsN: D14MR2