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

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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, WEDNESDAY, MARCH 6, 2002 No. 23 Senate The Senate met at 10 a.m. and was to the Senate from the President pro AMENDMENT NO. 2980 TO AMENDMENT NO. 2917, AS called to order by the Honorable BEN- tempore (Mr. BYRD). FURTHER MODIFIED JAMIN E. NELSON, a Senator from the The legislative clerk read the fol- The ACTING PRESIDENT pro tem- State of Nebraska. lowing letter: pore. The majority leader. Mr. DASCHLE. I send an amendment U.S. SENATE, PRAYER PRESIDENT PRO TEMPORE, to the desk and ask for its consider- Washington, DC, March 6, 2002. ation. The Chaplain, Dr. Lloyd John The ACTING PRESIDENT pro tem- Ogilvie, offered the following prayer: To the Senate: Under the provisions of rule I, paragraph 3, pore. The clerk will report. Gracious God, all through our history of the Standing Rules of the Senate, I hereby The assistant legislative clerk read as a nation You have helped us battle appoint the Honorable BENJAMIN E. NELSON, as follows: the enemies of freedom and democracy. a Senator from the State of Nebraska, to The Senator from South Dakota [Mr. Many of the pages of our history are perform the duties of the Chair. DASCHLE] proposes an amendment numbered red with the blood of those who paid ROBERT C. BYRD, 2980 to amendment No. 2917. the supreme sacrifice in just wars President pro tempore. Mr. DASCHLE. I ask unanimous con- against tyranny. They are our distin- Mr. BENJAMIN E. NELSON there- sent reading of the amendment be dis- guished heroes and heroines. upon assumed the chair as Acting pensed with. Today, we feel both grief and grati- President pro tempore. Mr. MURKOWSKI. I object. tude for the seven men who lost their f The ACTING PRESIDENT pro tem- lives in Afghanistan in the battle pore. The objection is heard. against the insidious enemy of ter- RESERVATION OF LEADER TIME The clerk will read the amendment. rorism. We ask You to comfort and The ACTING PRESIDENT pro tem- The assistant legislative clerk read strengthen their families, loved ones, pore. Under the previous order, the as follows: and friends as they experience the an- leadership time is reserved. At the appropriate place, insert the following: guish of their loss. Death could not end f their gallant lives. We do not want to ‘‘(e) PROHIBITION ON CERTAIN PIPELINE ROUTE.—No license, permit, lease, right-of- forget them or lose sight of the hal- RECOGNITION OF THE MAJORITY LEADER way, authorization or other approval re- lowed memory of their gallantry. quired under Federal law for the construc- Renew our resolve to press on in the The PRESIDENT pro tempore. The tion of any pipeline to transport natural gas battle to rid the world of terrorism. majority leader. from lands within the Prudhoe Bay oil and Lord God of hosts, be with us yet, lest Mr. DASCHLE. Mr. President, what gas lease area may be granted for any pipe- we forget what the men and women of is the pending business before the Sen- line that follows a route that traverses— our military are doing to assure us of ate? ‘‘(1) the submerged lands (as defined by the Submerged Lands Act) beneath, or the adja- the freedom of speech and the exercise f cent shoreline of, the Beaufort Sea; and of government we will enjoy today. ‘‘(2) enters Canada at any point north of 68 Lord, continue to bless America and NATIONAL LABORATORIES PART- degrees North latitude.’’ give us victory over the forces of evil NERSHIP IMPROVEMENT ACT OF At the appropriate place, insert the fol- confronting our world. Amen. 2001 lowing: The ACTING PRESIDENT pro tem- ‘‘(d) STATE COORDINATION.—The Federal f Coordinator shall enter into a Joint Surveil- pore. Under the previous order, the PLEDGE OF ALLEGIANCE lance and Monitoring Agreement, approved Senate will now resume consideration by the President and the Governor of Alaska, The Honorable BENJAMIN E. NELSON of S. 517, which the clerk will report. with the State of Alaska similar to that in led the Pledge of Allegiance, as follows: The assistant legislative clerk read effect during construction of the Trans-Alas- I pledge allegiance to the Flag of the as follows: ka Oil Pipeline to monitor the construction United States of America, and to the Repub- A bill (S. 517) to authorize funding for the of the Alaska natural gas transportation lic for which it stands, one nation under God, Department of Energy to enhance its mis- project. The federal government shall have indivisible, with liberty and justice for all. sion areas through technology transfer and primary surveillance and monitoring responsibility where the Alaska natural gas trans- f partnerships for fiscal years 2002 through 2006, and for other purposes. portation project crosses federal lands and private lands, and the state government APPOINTMENT OF ACTING Pending: PRESIDENT PRO TEMPORE shall have primary surveillance and moni- Daschle/Bingaman further modified toring responsibility where the Alaska nat- The PRESIDING OFFICER. The amendment No. 2917, in the nature of a sub- ural gas transportation project crosses state clerk will please read a communication stitute. lands.’’

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

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VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1554 CONGRESSIONAL RECORD — SENATE March 6, 2002 Mr. REID. I suggest the absence of a uct. I am not going to belabor the proc- is easy to blame the automobile mak- quorum. ess of how we got here, but it seems to ers. The ACTING PRESIDENT pro tem- be a continuing, changing process. The Unfortunately, we blame the domes- pore. The clerk will call the roll. Energy Committee didn’t act. The tic ones more than we do even the The assistant legislative clerk pro- Commerce Committee couldn’t act on international ones—I am not criti- ceeded to call the roll. the CAFE standards. The Finance Com- cizing them because they are putting Mr. LOTT. Mr. President, I ask unan- mittee did finally get together and it their plants in America and we are glad imous consent the call of the quorum produced a $15 billion tax incentive to have them. They can help us, per- be rescinded. package, but there is some concern haps, produce better automobiles that The ACTING PRESIDENT pro tem- about whether or not that should be have better fuel economy. I hope it is pore. Without objection, it is so or- offset or how it would be offset. So not done just by cutting them in half, dered. there is going to have to be a lot of which is what you get when you go in Mr. LOTT. Mr. President, I ask con- work done on this bill to make it ac- Europe. I can’t even get into those sent that the pending issue be set aside ceptable. things they have over there, or any of temporarily so I may make an opening I think in the bill as it starts out, far the other usual scapegoats. statement on my leader time, without too much is dependent on conservation Before we do that, just consider this anybody losing their rights. fact. America is one of the leading en- The ACTING PRESIDENT pro tem- and alternative fuels and not wanting ergy-producing countries in the world. pore. Without objection, it is so or- to sufficiently address the production This country has the technology, alter- dered. side. I think we need both. I am for en- native resources, and enough oil and Mr. LOTT. I thank Senator DASCHLE couraging conservation with incen- natural gas to make itself much more and Senator MURKOWSKI for allowing tives. I am for alternative fuels. I am me to do this. for renewables. I am for using tax in- self-sufficient. America does not have We are soon going to be proceeding centives to get these marginal wells to revert back to the practices of the with the amendments on this very im- back in production. But I also want the 1970s. The country is faced with a seri- portant issue. I have said several other side of that equation. I don’t ous problem because previous Con- times, and I believe it and mean it sin- think we can conserve ourselves into gresses and previous administrations— cerely, that having a national energy an energy policy or, by reducing what blame everybody—didn’t do what need- policy is one of the two most impor- we use, not be threatened by this ened to be done in this area because it tant things we will try to accomplish ergy area. was too hard. These issues are not this year. After providing adequate I hope we will work to come up with easy, trying to come up with an agree- needs for the defense of our country a comprehensive package at the end ment that will provide a positive re- and in the war against terrorism, hav- that is worth voting on, to send it on sult. Whether it is in the fuel efficiency ing a national energy policy is the next to conference. The Senate has been de- area, in the production area—every one most important. While a lot of other veloping a pattern now of starting off of them is very difficult to work out to issues are critical and we need to ad- with bad bills or partisan bills. When an agreement and compromise that dress them, this is a very serious mat- you do that, you are almost destined to will pass. ter. get to a point where you cannot get a As a result, crude oil production is I focus today on my belief that Amer- result. down significantly in this country as ican dependence on foreign oil directly We have not been able to move for- consumption continues to rise. Amer- threatens our national security and ward on energy for a year but now, ica now imports 56 percent of the oil it our freedom. I think it is even bigger thank goodness, we are going to have consumes, compared to 36 percent at than that. It is also about economic this full debate. I am appreciative of the time of the 1993 Arab oil embargo. freedom. If we do not address this ques- that, although I am very worried about We had long gas lines and we had huge tion in a very broad and comprehensive the way it is starting. It smells like a debates in the Congress, particularly in way, the time will come—maybe even stimulus bill or an agriculture bill in the Senate, over what to do about our this summer once again—when we will terms of how it is written. Maybe that energy needs. We acted as if we have rolling brownouts, and someday, will not be the case. I, for one, have thought maybe we had done enough. perhaps, blackouts, as well as gas lines started out by saying: Let’s not focus Obviously it didn’t work because our again. We need a comprehensive, broad, on the negative. Let’s just go forward dependence on foreign oil had gone up. national policy to avoid that. If we do and do our work. Let’s have amend- At the rate it is going, the Energy not do that, we could get to a situation ments, let’s have votes, let’s improve Department predicts America will be where, for some reason, foreign oil im- this bill. I may be disappointed in the at least 65-percent dependent on for- ports should be cut off or a high per- end and some people will come to me eign oil by 2020. That alarms me and I centage should be cut off or we decide and say: See, I told you so, you can’t bet it does most Senators—and most we will not continue to be dependent fix this thing. Americans, when you think about it— on Iraqi oil, or any number of upheav- But I am like Nehemiah in the Bible when we are dependent on oil that als could affect us immediately. It in building the wall. He believed the comes from some very dangerous parts could affect not only our lifestyles but wall could be built. The people didn’t of the world, in many cases, or some affect the economy and the jobs on believe it, but they trusted him and cases very unstable governments. which people depend. Energy is essen- they kept working and kept working We cannot continue down this path. tial to the creation of jobs, whether in and they built the wall. We are trying This bill has to be passed so that will the steel industry, the poultry indus- to build a wall here, and this wall is an not be what happens. We need a na- try, agriculture, or fisheries on the energy policy for our country. tional energy policy that will enhance Gulf of Mexico where I live. So I do think there is a problem that national security by reducing this de- I am beginning to think there are affects our national security in the pendence on foreign energy sources. We people who believe when you flip the first instance. There are a lot of expla- need a policy that provides incentives switch and the power comes on, it nations why we do not have a national for the use of natural gas—a fuel which magically appears out of this wire. energy policy. We can blame a lot of can burn cleanly in internal combus- Somewhere behind that wire are a lot people. There will be those who quickly tion engines and which is abundant of things we need to have. We need to say: Blame your neighbor’s SUV. I within our borders, especially the Gulf have transmission lines. We need to have one. I have three grandchildren. I of Mexico, right in front of my house have a plant somewhere that is cre- like them to be able to ride in the same where I live. It is out there. Some of it ating that power that is wheeled vehicle with me. Or blame the oil com- is being taken out of the gulf now. A through those lines. And the energy panies—oh, the polluters. What do they lot more could be done, but we have a that fuels that plant has to come from think we are going to drive the econ- huge battle to try to make use of areas somewhere. omy with without oil and natural gas such as the Destin Dome in the Gulf of In this bill that we are starting off and coal and nuclear—the whole Mexico, which I think is at least 100 with, I think we have a very bad prod- schmear. Or the automobile makers, it miles from the shoreline. There is no

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1555 need, no reason we should not pursue Is that the way we do things in One of the most significant, respon- that. Natural gas is not oil, for one America? No. In America we make sible ways in which to increase produc- thing. You don’t spill it. things better—more efficient and bet- tion and improve our Nation’s energy We should also call on America to ter. Are we saying you have to learn to security is to build a pipeline to bring utilize other domestic resources live with less and that we can’t have it natural gas from Alaska to the lower through incentives which encourage as we did? That is not the American forty-eight states. the use of marginal oil wells and the spirit. We can produce more. We can be There are 35 trillion cubic feet of billions of barrels of oil we have in more energy efficient. We can do all of known natural gas reserves on the Alaska. Likewise, we should not ignore it if we make up our minds to do it. North Slope of Alaska. Right now, that the use of renewable energy resources While there is a place for energy effi- gas is being pumped back into the such as solar power, hydropower, or ciency incentives in developing a nat- ground because we have no way of get- wind power. Can we get a substantial ural energy policy, we must not starve ting it to people. In the energy bill we percentage of our needs out of that our economy of the energy it needs to are now debating, Senator BINGAMAN area? I doubt it, although I think hy- maintain and improve our standard of and I have proposed a 2,000-mile long dropower can produce significant living. In the long run, a national en- gas pipeline that would create 400,000 amounts. Maybe we can get some help ergy policy that looks at all realistic jobs, use an estimated 5 million tons of from solar or wind. I doubt if we will sources of energy must be developed. U.S. steel, and ensure that we do not ever exceed 3 or 4 or 5 percent, but that This is not the 1970s. America has become dependent on imported lique- is not small potatoes. Let’s do that, better technology, more efficient and fied natural gas. If we want to create too. However, Congress must acknowl- cleaner automobiles, as well as more jobs, increase our energy security, and edge that America cannot realistically energy options. The question is, How help the U.S. steel industry, building run only on renewable energy re- long will we forgo these options and be this pipeline is the way to do it. sources. We must be realistic and pro- held hostage to nations abroad or ex- Last week, Alaska Governor Tony vide a bridge to our energy future. tremists at home who do not want us Knowles suggested some refinements in Despite the most advanced tech- to do what can and should be done? the legislation that would ensure that nology and ingenuity, tomorrow’s en- America must tap the vast resources American workers, and in particular, ergy sources will not answer the en- we have. America can solve its energy Alaskans, get the greatest benefit from ergy needs of today. Coal, oil, and nat- problems but Congress must act in the this project. ural gas remain our most abundant and interests of the entire Nation, rather In particular, Governor Knowles affordable fuels, and they can be used than a select few, or with a defeatist urged us to ensure that the pipeline in environmentally sound ways. attitude. Providing families the secu- follow what is known as the southern My State doesn’t produce a lot of rity and freedom they deserve depends route down the Alaska Highway. This coal. We have some lignite, and we are upon stable, reliable, clean, and afford- will ensure that much of the pipeline is beginning to make use of it. But I be- able energy. America badly needs a constructed in Alaska and that it lieve clean coal technology is out comprehensive, but realistic, national avoids the environmental pitfalls that there. I believe we can use coal and use construction could have on the fragile it in a much cleaner way. We need to energy policy, and we need it now. I say again that while I might object northern Alaska environment and the have encouragement to do that. Some to the content of the bill we are begin- 55 percent of the electricity generated Beaufort Sea. ning with and the process used to get Second, he asked that we clarify the in the United States comes from coal- here, we are on it. So let us make our rules for State and federal cooperation, fired, steam generating plants. Coal to ensure that the development of the can make a significant contribution to opening statements. Let us get the U.S. energy security if the environ- amendments started. Let us see if we pipeline proceed as smoothly as pos- mental challenges of coal-fired plants can’t produce a bill that we can send to sible. Both of these issues are ad- can be met. Congress should enact leg- conference and get this job done. dressed in the amendment we are offer- The President of the United States islation which will provide credits for ing today. Other changes that Gov- emissions reductions and efficiency im- wants us to do this. He knows we have ernor Knowles has requested include provements. to do it. He raised it in a meeting just guaranteeing access to the pipeline for We are going to have that in this bill. yesterday. He didn’t say you have to do new natural gas producers that may Some are in it and I hope there will be it this way or that way. I know he arise in the future, protecting the abil- even more. Congress must also provide wants us to get access to oil in ANWR ity of Alaskans to have access to the incentives for independent producers to and other places in this country. I natural gas that will be transported in keep their wells pumping. Tax credits know he wants us to have a realistic the pipeline, and establishing a tax infor marginal wells will restore our link CAFE standard. But he is not saying centive to reduce the risk associated to existing resources, including many you have to do it my way to get it with natural gas price volatility. in my own home State of Mississippi. done. Senator BINGAMAN is working closely We are not a big oil producing State, Mr. Chairman and Senator MUR- with others to develop language on but we do have some oil and the wells KOWSKI, let’s roll. these issues, and I would expect the are pumping now. The wells are mar- I yield the floor. final product of these deliberations to ginal, but they can produce five barrels Mr. DASCHLE. Mr. President, I com- be added to the energy bill prior to a day which can make a difference. pliment the distinguished Republican final passage. These wells are responsible for 50 per- leader for his statement. While there Energy for America, jobs and oppor- cent of the U.S. production. We should are some things that might divide us tunity for Alaskans, and no damage to give even more incentives to keep that on the issue, there is a lot he just said sensitive environmental areas should percentage at least in place. that I agree with wholeheartedly. This all be goals to which we can subscribe. We also need to increase the avail- country needs an energy policy. We This legislation, and this amendment ability of domestic natural gas, which ought to be moving forward. We can do in particular, allow us to do that with is the clean alternative for coal in elec- both in terms of comprehensive con- even greater confidence. tric power plants. Federal land out servation and comprehensive produc- I yield the floor. West may contain as much as 137 tril- tion incentives. So I thank him for the AMENDMENT NO. 2980 TO AMENDMENT NO. 2917, AS lion cubic feet of natural gas. Simi- spirit in which he has begun this de- FURTHER MODIFIED larly there is Federal land in Alaska bate. Mr. DASCHLE. Mr. President, I have which is estimated to contain 16 billion For those who have expressed some a modification of the amendment at barrels of domestic crude oil. None of concern about the way this bill came the desk. these facts should be surprising. to the floor, I will just say that this is The ACTING PRESIDENT pro tem- There has to be a solution to this the way the last energy bill came to pore. The amendment is modified. problem. Some would say that all we the floor in May and June of the year The amendment (No. 2980), as modi- need to do is improve energy efficiency 2001. But I want to address very briefly fied, is as follows: and reduce energy consumption. the amendment I have just laid down. Insert the following after Section 704(d):

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1556 CONGRESSIONAL RECORD — SENATE March 6, 2002 ‘‘(e) PROHIBITION ON CERTAIN PIPELINE resentative from Alaska for a long than 6 trillion cubic feet by the year ROUTE.—No license, permit, lease, right-of- time. I think it will improve the bill. 2020. But remember, this legislation way, authorization or other approval re- It will make it clear that the Senate would immediately bring to the lower quired under Federal law for the construc- is anxious to see the jobs created in 48 States 35 trillion cubic feet of nat- tion of any pipeline to transport natural gas from lands within the Prudhoe Bay oil and Alaska and that it is anxious to see the ural gas. So we would not have the 6 gas lease area may be granted for any pipe- economic benefits. It recognizes that trillion cubic feet shortfall if we are line that follows a route that traverses— the environmental benefits are sub- able to produce this gas line. ‘‘(1) the submerged lands (as defined by the stantial as well. In Nevada, 29 percent of our elec- Submerged Lands Act) beneath, or the adja- I will support the amendment as it is tricity needs are now met by natural cent shoreline of, the Beaufort Sea; and proposed. I hope we can get strong bi- gas, and that fraction will only grow ‘‘(2) enters Canada at any point north of 68 partisan support for it. As I say, it is over time. There is the construction degrees North latitude.’’ one of those issues we have debated for now of a number of powerplants in Ne- Insert the following after Section 706(c): ‘‘(d) STATE COORDINATION.—The Federal a long time. We brought the bill to the vada to meet the needs of California Coordinator shall enter into a Joint Surveil- floor with a route-neutral provision in and, particularly, Nevada. lance and Monitoring Agreement, approved it. Now that would change, but it Clearly, the future favors natural gas by the President and the Governor of Alaska, would change with my support. as a primary source of electricity in with the State of Alaska similar to that in I yield the floor. our country. Rightfully, many fear the effect during construction of the Trans-Alas- Mr. REID. Mr. President, I hope my United States will become as depend- ka Oil Pipeline to monitor the construction name will be added as a sponsor of this ent on imported liquid natural gas in of the Alaska natural gas transportation Daschle-Bingaman amendment. the future as we are on oil today. That project. The federal government shall have The ACTING PRESIDENT pro tem- primary surveillance and monitoring respon- is why this southern route is so impor- sibility where the Alaska natural gas trans- pore. Without objection, it is so or- tant to our country. portation project crosses federal lands and dered. I support the provisions of this act private lands, and the state government Mr. REID. Mr. President, I have not before us. I particularly support this shall have primary surveillance and moni- had an opportunity to speak on this amendment. This amendment would in- toring responsibility where the Alaska nat- legislation. I am going to speak gen- crease the supply of domestically pro- ural gas transportation project crosses state erally about the legislation, but in par- duced natural gas available to U.S. lands.’’ ticular to this amendment. For those consumers by expediting the construc- Mr. BINGAMAN. Mr. President, let who are interested, I think we have a tion of a natural gas pipeline from me speak very briefly on the same clear description of what this legisla- Alaska’s North Slope to the lower 48 issue that the majority leader raised. tion, as amended, would do. Basically States. I also believe it is very important for it brings the route down through Alas- I do not think there is a question of us in this legislation to facilitate con- ka. It is a route of over 2,000 miles. whether we are going to build the pipe- struction of this pipeline from the The amount of jobs it would create is line; it is a question of where we are North Slope of Alaska to bring natural very significant. It would create 400,000 going to build it. That is why there has gas to the lower 48 States. This is an new jobs. And this is an unbelievably been a general agreement we need to go issue that my colleague from Alaska, large figure, but it is accurate. This is with the southern route, not the north- Senator MURKOWSKI, has been urging pipe that is more than 50 inches in di- ern route, for a number of reasons, not for some time. I know Senator STE- ameter. We would need 5 million tons the least of which is the need to help VENS, as well, strongly supports it. I of steel. I would hope it would be U.S. Alaska as much as we can. know that virtually all of us on the En- steel: 5 million tons. It is hard for me There is more than 35 trillion cubic ergy Committee have believed con- to comprehend that, but that is what it feet of natural gas immediately avail- struction of this pipeline needed to be would take. able in the Alaskan North Slope, gas a priority item as part of a comprehen- The bill would provide $10 billion in that is pumped back into the ground sive energy plan. That is why we in- loan guarantees for the construction of because we have no way of getting it to cluded it in the legislation that is be- this pipeline and would bring 35 trillion the people. That is inefficient. We save fore the Senate today. cubic feet of natural gas to the lower 48 a lot of it by pumping it back into the The amendment Senator DASCHLE States. That is significant. ground, but we do not save it all. has now offered would change what we We can all readily agree that the It is estimated that the total natural have in the bill in a couple of impor- United States needs to lessen its de- gas available from the Alaska North tant respects. The main thing it would pendence on foreign oil. The best way Slope is more than 100 trillion cubic do is ensure that the so-called southern to reduce our dependence on foreign oil feet. The pipeline would provide nat- route be chosen. This is again some- is to diversify our energy supply by de- ural gas to American consumers for at thing that I know all of the representa- veloping renewable energy resources. least 30 years, and it would be a stabi- tives from Alaska have urged on us. I We also would hope to adopt a CAFE lizing force on natural gas prices. know Governor Knowles has urged this standard. My understanding is that We have heard a lot from my friend, in testimony before the Energy Com- there is a bipartisan agreement being the distinguished ranking member of mittee. He urged that this be done. worked out as we speak, if it has not the Energy Committee, Senator MUR- The bill we have introduced did not already been worked out. We were close KOWSKI, about how many jobs ANWR specify that the southern route was the to working it out yesterday. Senator would create. But the jobs ANWR only option. We were route neutral in KERRY and Senator MCCAIN are work- would create are simply not as great as the bill that is before the Senate being out something on CAFE standards. these 400,000 new jobs. The pipeline cause we believed that was an issue and Another way to reduce our dependence would provide a significant oppor- a river we weren’t ready to cross. But on foreign oil is to improve the energy tunity for the U.S. steel industry, re- at this stage, I think it is clear that efficiency of our homes and appliances. quiring up to 2,100 miles of pipe and, as this southern route, which was author- That is how we can best lessen our I have indicated before, 5 million tons ized in the previous legislation that dependence, reduce our demand on for- of steel. was passed in Congress a couple of dec- eign oil: diversify our energy supply by The Alaska natural gas pipeline is a ades ago, is part of our international developing renewable energy resources, responsible way to address our Nation’s treaty with Canada. It recognizes that adopt a CAFE standard, and improve growing demand for natural gas. It there are environmental advantages if the energy efficiency of our homes and means energy independence and jobs, a we follow this existing transportation appliances. winning combination. route. It is also obvious that the demand for We may have some disagreement I think there are substantial advan- natural gas is increasing worldwide. In with the distinguished Senator from tages to be argued in favor of doing the United States, natural gas con- Alaska on whether we should drill in this southern route. I know it has been sumption is expected to outpace cur- ANWR, but there is no controversy, a priority for, as I say, the Governor of rent supply sources over the next 10 to dispute, or question about the fact that Alaska and the Senators and the Rep- 20 years, creating a shortfall of more we need to do everything we can, as

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1557 quickly as we can, to bring the natural tage of following the existing transpor- est producer of gold in the world be- gas from Alaska to the lower 48 States. tation corridors and allows access to hind South Africa and Australia. We That is why the Governor of Alaska gas for Alaskan residents. produce large quantities of silver and is totally supportive of what we are There are serious concerns, environ- other precious metals. We don’t have doing. Senator STEVENS—and I am con- mentally and socially, over the north- any coal—good coal or bad coal—but fident Senator MURKOWSKI—support ern ‘‘over the top’’ route. As indicated, we still understand the importance of what we are doing. Of course, if there is the Northern Slope Eskimos strictly coal in America. something that is wrong with this oppose this. Environmental organiza- The United States is the Saudi Ara- amendment that does not meet the de- tions oppose this. bia of coal. We have more coal than For these reasons, the Alaskan dele- mands of Senator MURKOWSKI, we any other country. We want to over- gation, to my knowledge, is supportive would be happy to speak with him. But come the myth that some are saying as far as I know, in the meetings that of the southern route. One of the myths that we have heard this legislation will limit the use of have been on his staff level, we are coal in the United States. Quite to the headed in the right direction. is the Alaskan natural gas pipeline will create less jobs than drilling in the contrary, the energy bill provides $1.9 This amendment has two parts. It billion in tax incentives for clean coal would ban the so-called ‘‘over the top’’ Arctic Refuge. We do not need a battle over which creates the most jobs, but I and establishes extensive clean coal re- route for the pipeline—what we are search programs. The bill will ensure talking about is, it would ban this do say that the Congressional Research Service, which is an investigative arm the use of clean coal in the United route shown on the chart here—by pro- States and clean air in the future. hibiting the issuance of any of the nec- of this body, estimates only 60,000 jobs would be created by drilling in the Arc- Outside Reno we have a power plant essary Federal permits. that was initiated with clean coal tech- Governor Knowles’ testimony is sig- tic Refuge—only 60,000 jobs. I recognize that is a lot of jobs. nology. It couldn’t have been built nificant. He testified before the Energy Certainly, even for Nevada, a State with clean coal technology without the Committee. Among other things, Gov- that is probably three times the popu- Federal Government helping Sierra Pa- ernor Knowles said: lation of Alaska, 60,000 jobs would be a cific Power do that. I am a big fan of I respectfully suggest there are three es- lot of jobs. I am sure the Presiding Of- using coal but using it in a different sential components of this vitally important ficer, if he lost 60,000 jobs in Nebraska, method than we have used in the past. legislation. First, the route must be mandated along the Alaska Highway, as provided would take note. He would take further Clean coal technology is something we for in the 1976 Alaska Natural Gas Transpor- note though that the Congressional Re- have to rely on and do more than what tation Act. Second, this legislation must search Service reports that building we have done before. This legislation build American industry and create Amer- the Alaska natural gas pipeline would crafted by Senator BINGAMAN will ican jobs. Third, there must be economic in- create more than 400,000 new jobs ac- allow us to do that. centives to attract the private capital to the cording to industry estimates and re- I hope we can move this legislation project which when completed will substan- quire roughly 5 million tons of U.S. tially add to the national treasury. as quickly as possible. We have so steel and 2,100 miles of pipe. The en- much to do in the Senate. The leader There are many reasons why the route of ergy bill would provide $10 billion in the gasoline must follow the existing oil has said we are going to finish cam- pipeline from the Alaska North Slope to loan guarantees for the pipeline. paign finance reform. We have all the Fairbanks and then the Alaska Highway This is a good amendment. It is not many items we talked about for so long through Canada to Alberta. only a good amendment, it is a good that we have to do, now that we are a It is currently authorized in ANGTA [Alas- bill. This bill does some things impor- little bit removed from September 11, ka Natural Gas Transportation Act] and a tant for the State of Nevada. We have even though that still is our first fixa- presidential decision. It is part of an inter- been very concerned about the FERC tion. Prescription drug benefits is national treaty with Canada. It recognizes having too many new broad authorities something we have to work on. We the environmental advantage of following at the expense of State authority. In have all the appropriations bills to existing transportation corridors. It allows reality, under this Senate bill, FERC is vitally important access to the gas for the pass. residents and businesses in Alaska. For these given limited authorities that both Democrats and Republicans have advo- We recognize we need an energy pol- reasons, this route has the broadest support icy. I commend and applaud the Sen- among Alaskans of any major project in re- cated for years to oversee the reli- cent history. ability of the grid and require that all ator from New Mexico, chairman of Additionally, there are serious concerns utilities play by the same transmission this committee, for this work of art, over the proposed alternative route com- rules. California and Nevada were hurt some would say, he has given to us. He monly known as the northern or ‘‘over the significantly during the past year by has worked hard. We have a good piece top’’ route. This route would originate on actions of FERC, and this certainly of legislation. I look forward to work- the Alaskan North Slope then proceed 240 will not strengthen FERC’s role. ing with him and Senator MURKOWSKI miles under the ice-choked Beaufort Sea to Some loopholes in FERC’s merger re- to come up with an energy policy for the Mackenzie River Delta and then up that this country and move this legislation river drainage to Alberta. view authority are filled, but the bill First and perhaps the most significant op- does not deregulate the electricity in- out of the Senate, move it to the House position to that route has come from the dustry. In fact, some needed FERC au- where we can have a conference, and unanimous objections of the North Slope thorities are strengthened, as indicated come back with something for the Inupiat Eskimos. At a recent public hearing, by both Democrats and Republicans, to President to sign. their corporate, community, and tribal lead- ensure markets can be relied upon to The ACTING PRESIDENT pro tem- ers vowed they would use every resource provide low-cost electricity. pore. The Senator from Alaska. available to them to fight this route, which Another myth is that the Senate en- Mr. MURKOWSKI. Mr. President, the would threaten their cultural and nutri- ergy bill fails to exploit the Nation’s tional dependence on marine mammals. pending business before the Senate is potential to produce and use oil and Second, both Alaskan and national envi- Senator DASCHLE’s amendment to the natural gas. In reality, oil and natural ronmental organizations have said they too pending underlying bill, S. 517; is that gas will continue to play an integral strenuously oppose this ill-conceived fron- correct? tier route. Calling for previously untested role in the U.S. energy policy. This bill technologies and risky ventures underwater, before the Senate provides $4.6 billion The ACTING PRESIDENT pro tem- this project could never be considered as a in tax incentives for oil and natural pore. The Senator is correct. preferred alternative to an existing land gas and $10 billion in loan guarantees, Mr. MURKOWSKI. I join with Sen- transportation corridor. as we have talked about this morning, ator STEVENS and certainly our col- This is the Governor of Alaska. I to build the Alaska natural gas pipe- league on the House side, Representa- quoted him verbatim. line which will bring 35 trillion cubic tive YOUNG, and commend the majority The southern route, as he indicated, feet of natural gas to the lower 48 for introducing this amendment that is authorized in ANGTA and is part of States. selects a southern route for the devel- an international treaty with Canada. It Nevada has no coal. We are rich in opment of natural gas from the State recognizes the environmental advan- other minerals. We are the third larg- of Alaska.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1558 CONGRESSIONAL RECORD — SENATE March 6, 2002 I believe that while we have sup- The point of this discussion is to further down toward the delta and then ported without exception the designa- make sure that we are not solely bound down to Valdez, where we could liquefy tion of the southern route, the amend- to this southern route that is offered it. ment in itself is not complete and does by the Majority Leader. I might add So I am very sensitive about this and not represent the total interest of that we are going to have some charts hope that we can work with the major- Alaskans. I will explain that further. to show you because I think it is im- ity to include in this amendment a First of all, it is appropriate to note portant that you understand that the comprehensive accommodation, since that as far as the responsibility of the southern route, as it is conceived, from we are so interested this morning—I Senate is concerned, we have finally the Prudhoe Bay area, follows an exist- must say I am very pleased that this met one responsibility associated with ing pipeline approximately down to isn’t the first amendment of the major- the energy bill; that is, to have bipar- Fairbanks. Then it takes off in Fair- ity where they chose to be responsive tisan support for the designation of the banks and goes down toward the delta to our concerns in our State. Again, I southern route. It is also appropriate area, where it branches off and goes to remind my colleagues that H.R. 4, of to recognize that the House initiated Valdez. course, already designated a southern this some time ago. It is in H.R. 4, the This amendment, in general, would route. But I sense a certain eagerness specific designation of a southern cover the southern route, the highway to accommodate a gas pipeline, and I route. route. But we want to make sure it am wondering to what extent. I have I was very glad to see the leader was does not exclude, if you will—because the strange feeling that it is at the ex- so anxious to bring this up as the first the possibility of exporting LNG is pense of ANWR. amendment from the majority. It very real, and it has been promoted for We are going to have an opportunity shows that Alaskans can prevail—our some time—I want to make sure that is to talk about ANWR and to provide an Governor, our Lieutenant Governor, included as an alternative. amendment. But I think there is an in- Senator STEVENS and myself, Rep- Secondly, we have every reason to teresting point that has been over- resentative YOUNG. looked. Since the majority was so anx- On the other hand, in the interest of believe that in the area associated with Point Mackenzie in the Matanuska ious to accommodate us, in the sense full disclosure, it is appropriate to note that we have had this issue before us that my objection, when the majority Valley, where they are putting in a port development, that we have the relative to the gas pipeline for so long, leader asked unanimous consent to ter- I am curious to know why it wasn’t in minate reading of the amendment, was availability of gas to come down from Fairbanks, perhaps under the railroad the underlying bill. But beggars cannot that I had not seen the amendment and be choosers, and it is in here this morn- believed it should have been read. I right of way, and come into the particular area ahead of Cook Inlet and ing and I am very pleased. have seen the amendment and, as a I see my good friend seeking recogni- the Matanuska Valley, where there is a consequence, believe that while the tion. I will respond to his question. amendment, certainly in general port being built. Mr. BINGAMAN. Mr. President, I Then there is the recognition that terms, addresses the bottom line— thought it appropriate that I try to re- Anchorage receives most of its gas namely, the southern route—it does spond to the Senator from Alaska. I from the fields of Cook Inlet and the not address what Alaskans want. What tried to explain earlier that my think- Alaskans want is a little broader series Kenai area. We want to make sure An- ing at the time we put the bill together of alternatives. chorage has access to this gas. Further, for consideration in the Senate was I will be working with the majority we have large petrochemical plants in that we should bring a bill to the Sen- in hopes that we can include that in Alaska—the only year-round manufac- ate floor that was route neutral. We the amendment. Of course, I will be a turing facilities we have, as a matter of had received urging that we prohibit cosponsor of the amendment. fact, so we think they are large, but use of the northern route. But it did Specifically, what Alaskans want is they are small by U.S. standards, like not seem to me, knowing what we did to have alternatives for that gas, that the ones down on the Kenai Peninsula. at that point, that was the right 37 trillion cubic feet of gas that lies be- So I don’t want to see this amendment course. Since then, we have gotten neath the oil fields of Prudhoe Bay. limited to strictly a southern route so more information from the Governor of What are those alternatives? They pri- that would market the gas only Alaska, from the Senators from Alas- marily are associated with utilizing through Canada and into the lower 48. ka, from the environmental commu- that gas in Alaska on several alter- We want the market to dictate where nity, and from those who currently native routes if, indeed, the economics this gas goes. It is important. hold a right of way to construct the support routing. As the President is Unfortunately, the way this was han- pipeline under existing law. It seems to well aware, our oil goes down to dled, I can only assume that there is a me the weight of the evidence is clear- Valdez, AK, through the 800-mile pipe- process here that might involve a little ly in favor of the amendment that Sen- line and moves down the west coast of politics. I was prepared to offer, in my ator DASCHLE has now proposed and for the United States to Washington, to amendment—which would mandate a which I think we have good bipartisan California, where it is refined. southern route—that would specifically support. I point out also that this There has been for many years pro- contain alternatives that are certainly amendment does not limit options as motion of an idea that one of the po- in the interest of Alaska. I have not far as where the pipeline goes, except tential markets for Alaska’s gas—be- seen the correspondence from our Gov- that it prohibits the use of the north- cause there is every reason to believe ernor or Lieutenant Governor to the ern route. That is what it does. we are going to find more gas than the majority. So I cannot comment on how Clearly, I think the consensus now in 37 trillion cubic feet we found acciden- broad the request was from the stand- the Senate among those I have spoken tally hunting for oil—is the ability to point of inclusion and having alter- to is that is the correct course to fol- liquefy that gas and either ship it down natives. But I know from my contacts low, and I think that is what we are the west coast of the United States or with Alaskans they want alternatives, trying to do by this amendment. ship it to the Orient. There have been and they don’t want to be limited by Mr. MURKOWSKI. Mr. President, I projects where millions of dollars have this amendment to one specific des- appreciate the response of my good been expended exploring the route. Not ignated southern route that would not friend, Senator BINGAMAN, and he is my too many people in this body know allow the availability of those alter- friend. We have worked on this issue. I that in the early sixties, the first LNG natives. appreciate his explanation. But I have in Japan came from Alaska, a million Let me put it another way. We want to refer to the fact that route issue has tons a year. That contract has been re- to make sure the market dictates the been around for a while because the newed and a new fleet of ships has been alternatives of either bringing it down House had it in its bill. Of course, we built. Alaska is no stranger to export- toward Anchorage, bringing it down to- were not a party to the process of de- ing LNG. It came from a field near An- ward the Kenai Peninsula and the veloping the underlying bill as the mi- chorage, and the reserves there are Matanuska Valley and the port that is nority, so we didn’t have an oppor- somewhat limited or we would be ex- under development there, as well as tunity to address the route issue, and porting more LNG from that point. having the availability of bringing it the bill came in route neutral.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1559 Today, it is no longer route neutral. What do I mean by a safety net? If we The only thing that is going to build We appreciate that fact. We will co- are going to put out that kind of the project is the economics, and that sponsor it, but we are going to add a money and the price of gas drops below is what we are working on. little more to it. I am sure the major- your cost, as the Presiding Officer We have Exxon, BP, and Phillips as ity would agree it is in the interest of knows as a businessman, you cannot primary partners. However, as you Alaska, since we are anxious to make stay in business very long. know, they are not all the same size. that accommodation. Again, we are We are not breaking new ground Some are a little bigger and take a lit- most appreciative. But it didn’t just here. We have seen deep water royalty tle bigger risk. come up. It came from H.R. 4, and we relief, and that is evident in the drill- I want to make the record very clear have always been in favor because, ob- ing that goes on in the Gulf of Mexico. on what we have done today as we have viously, the other alternative is simply We are going to need something with designated a route, and we are going to to take the gas over the top, so to this pipeline. broaden it with alternatives, but the We have been communicating with speak, as you can see, from Prudhoe real crux is coming up with this safety the Governor’s office. In fact, we pro- Bay. You take it along the Arctic net. vided most of the information that has Ocean off the 1002 area of the Arctic It is fair to close with my wariness, if National Wildife Refuge, over into Can- come back in a rather roundabout way you will, that suddenly we have this ada, and then come down. to the majority because we work with broad support for a gas line, but is it at Obviously, that is in the best interest the Governor’s office. From Wash- of Alaska, not in the best interest of ington, it goes to Juneau and back and the price of ANWR? As I indicated, as jobs. makes a rather circuitous route be- far as Alaskans are concerned, there is In any event, the amendment is the cause it ends up with the majority no quid pro quo; these have to stand pending business. We are going to have leader of the Democratic Party. This is independently. I do not want to hear Members talk this morning, giving just politics, but much of the input is Members say: I am for you on the gas their opening statements on the energy ours, and that is an obligation Senator line but I am against you on ANWR. bill. I believe there is an effort to ac- STEVENS and I have. We will do it and Members should be making a decision commodate our friend from Utah for a continue to do it, even if it makes al- on what is right for America. short statement on the successful most a full circle. As a consequence, I point out that Olympics. We certainly congratulate The crux of this is the principals perhaps our Governor could intervene, him and his colleague for providing us have expended roughly $100 million, as he has in communicating to the ma- that great, extraordinary experience. evaluating this project, and they say jority with regard to the language des- There are a couple more comments I currently, because of the price of gas, ignating a southern route. I suppose I do want to make relative to the com- it is uneconomical. Mr. President, you could send something up asking the parison between the gas line develop- know what that means, and I know Governor to intervene on ANWR and ment and the prospects of whether or what that means, and I am not very maybe he could prevail upon the ma- not some see it as a tradeoff for ANWR. happy about it. But at the current jority to include ANWR in the amend- I assure the majority that these two price of gas, it is not economical. ment, but I assume that would not issues are not quid pro quo issues; they On the other hand, on the positive stand the test of time. His support have to stand on their own, as they side, the prospects for development are might be able to overcome the threat should. It is unfortunate they have good because we are pulling down our of a filibuster by the majority because come up in the same time sequence, gas reserves in the United States much Senator DASCHLE has already indicated but that is the reality of the way faster than we are finding new gas re- they are prepared to basically fili- things happen. serves. There is no question this gas buster, filing cloture, requiring 60 Again, as we look at where we are in will be marketed. There is a question votes. I hope that if the Governor is as the debate, as we look at the reality ultimately of whether it will be just successful this morning on the route that the majority has chosen this as the U.S. domestic market or an LNG designation, he might be able to ad- their first amendment, had we had an market in the Pacific rim. The eco- dress the ANWR issue as well. opportunity to offer the first amend- nomics dictate, but in order for this to Again, we have to understand poli- ment, it would have been a similar be built now, there has to be some ar- tics. So as we look at where we are, I amendment, but it would have been rangement that if the price of gas falls think we have to recognize we have a more inclusive for Alaska allowing for below a certain level, there is a safety gigantic project that is before us that alternatives. net. is in the interest of the United States. I want to make sure my Alaska Who is going to underwrite that safe- I am talking about both projects be- friends know the order of preference. ty net? Obviously, we are looking to- cause they are different. The majority When you are in the minority, you are ward the Federal Government, the whip has made his comments relative in the minority. That is the harsh re- same as we do in deep water royalty re- to jobs. The interesting thing is we im- ality. The majority has every right to lief in the Gulf of Mexico. In Alaska, port about 15 percent of our natural gas present this as their first amendment. we have a frontier area; we do not have in this country, primarily from Can- But I want to make it very clear, had the infrastructure. What is different ada, but we import 58 percent of our they not, we would have presented this about our gas is it is nearly 3,000 miles oil. That ought to address some con- as our first amendment. It would have away from the Chicago market where cerns about the vulnerability of the been broader. It would have been more ultimately the volume is anticipated. country. inclusive. It is not that our gas is different, but I have a couple more points to make. it has to be moved further, and to move I hear a lot relative to jobs in this de- Again, this amendment does not ad- it further costs more money. What we bate. The jobs in ANWR are all Amer- dress the crucial underlying feature as- need in this equation is a safety net ican jobs, but if one looks at that pipe- sociated with this gas line. This gas is that perhaps could be paid back when line that the majority has in their on State lands. The leases belong to the price of gas goes over a certain chart, look how much goes through Phillips, British Petroleum, and they level. Canada vis-a-vis how much goes belong primarily to Exxon. They are We are not looking for a handout. through Alaska. No question, there is the companies that are going to have But the problem we have is the me- probably two and a half to three times to build this pipeline or work with a chanics are not done yet. We do not more activity that will take place in consortium of gas line companies, such know how it scores. I do not know that Canada. Those are going to be Cana- as Duke, Williams, El Paso, Foothills. the people who are in the business of dian jobs, but opening ANWR will cre- This is going to be a gigantic project. scoring really understand, but the con- ate all American jobs. I am sure the It is going to cost somewhere in the cept is fair and equitable, and we are majority has been contacted by labor area of $15 billion to $20 billion. It will going to pursue it. I am very happy the and labor has indicated how important be the largest construction project in majority is going to pursue it with us. those jobs are to America. the history of North America. But it While route selection is vital and im- We need to understand the project a needs a safety net. portant, it does not build the project. little better. We need to have more

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1560 CONGRESSIONAL RECORD — SENATE March 6, 2002 Members visit the area. We need to rec- I hope we can vote on this issue. If It is my understanding, based upon ognize this project is designed to be there is anything that the Senator what Senator MURKOWSKI said, that constructed using 52-inch X–80 steel. needs or believes is appropriate to im- Senator BENNETT is wishing to speak as How many steel mills in the United prove it, we can work at the staff level in morning business. Is that right? And States make this steel? Zero. This is an and then with the principals. We will if I could ask a question of my friend order that is estimated to be some- be happy to do that. from Utah, who I am sure is very proud where in the neighborhood of $3 billion I say to my friend from Alaska, for of being able to talk about the way the to $5 billion. Do you know what they whom I have the greatest respect, this Olympics went off—Utah should be say? We are not geared up to it. is quite interesting. I wish Nevada had very proud—how long does the Senator I do not know about the Chair, but I the choices that Alaska has today. wish to speak? am inclined to think, as a business- That is, this bill is going to give Alas- Mr. BENNETT. Mr. President, some- man, if he had an order that big, he ka something. It is a question of how where between 15 and 20 minutes. would start figuring out a way to try much. It is a question of whether Alas- Mr. REID. Mr. President, I yield to to participate. I certainly would. ka is going to get ANWR and this pipe- my friend from Alaska. What happened the last time we built line or just get the pipeline. But there Mr. MURKOWSKI. If I may respond, an 800-mile pipeline for oil? Do you is no question that Alaska, after this the Senator from Kentucky seeks rec- know where the pipe was built? In legislation passes, is going to have the ognition also. Japan, in Korea, and Italy. Why? Our hope of a significant number of new Mr. REID. I was going to get to that. steel mills were not geared up. In other jobs. Mr. MURKOWSKI. We generally words, they could not compete. Well, As the Senator from Alaska knows, I agreed, subject to the Senator’s con- that is another argument for another do not favor ANWR and we are going to currence, that we would do that in the day. We have quotas on steel, but have a debate relatively soon on that. order of the Senator from Kentucky clearly this is the biggest order ever I hope we can fix the debate on that and then our friend from Utah. contemplated associated with the nat- issue and resolve it after everyone has Mr. REID. I will bet my friend, the ural gas issue. So I hope this will be an an opportunity to say what they want Senator from Kentucky, the hall of awakening to the American steel in- and move on to the rest of this legisla- famer, is not here to brag about Alas- dustry that there is some business at tion. Whoever in effect wins, let us ka. home, big business. They have not had move on. It is a question of who has 60 I ask unanimous consent that fol- a $3 billion to $5 billion order in a cen- votes, I guess, in this Chamber. So I lowing the remarks of the Senator tury. It would take the entire output of look forward to that. from Kentucky, the Senator from Utah I also say that not only is Alaska the steel mills in Korea and Japan for be recognized as in morning business looking to this legislation with favor nearly 2 years to build this gas pipe- for up to 30 minutes. but there are lots of others looking to line. The PRESIDING OFFICER. Without this legislation with favor, not the So we are going to have an inter- objection, it is so ordered. least of which, as the Senator from esting debate. I hopefully have cleared Mr. MURKOWSKI. Mr. President, be- Alaska has said, are the steel compa- the air on the amendment. I look for- fore I recognize my friend from Ken- nies and steel workers in America. tucky, I say I think it is rather inter- ward to the debate. I agree with the Senator from Alaska I ask unanimous consent that I be esting to reflect on the contentious we can bring our steel mills back into portions that are in this bill. Every- added as a cosponsor on the amend- production. With what the President thing focuses either on ANWR or the ment. did yesterday, it certainly is a step in The PRESIDING OFFICER (Mr. NEL- gas line. The electricity portion could the right direction. If we pass this leg- SON of Florida). Without objection, it is be very complex. CAFE is going to be islation, hopefully they can get geared agonizing. Renewables are going to be so ordered. The Senator will be added up to move forward. as a cosponsor. One of the problems we have, of agonizing. Mr. MURKOWSKI. I hope we will be course, is companies are no longer just I was somewhat alerted by the whip able to work with the majority to ex- American companies, they are inter- who indicated this vote will be a 60 pand the amendment as Alaskans have national companies, and sometimes vote. Ordinarily, on issues around here, expressed their desire to have various they do not look at building things in 51 votes are enough to carry. But it is alternatives for the marketing of our America in the right light. So I recog- important to recognize the ground has gas. I thank the Chair. nize other issues are important to ad- already been laid, and the reason is in- The PRESIDING OFFICER. The Sen- dress with respect to the pipeline, and teresting. It is contentious. When our ator from Nevada. we want to work with the Alaska dele- national security is concerned, we Mr. REID. Mr. President, I know gation, including the Governor, in good should do all we can not to limit our there are other Senators wishing to faith, in moving these matters forward. options. I am fearful we are limiting speak, so I will be relatively brief. I say The two items in this amendment are our options. to my friend from Alaska, it would be noncontroversial and do not prejudice The House bill only prohibits the appropriate on something this impor- other concerns that may come up at a ‘‘over the top’’ route, which is what the tant to the State of Alaska that we subsequent time. We hope there can be whip alluded to. This would clearly ad- have a vote on it. We want to make agreement to vote on this amendment dress this point, and it would provide sure when this matter goes to the soon and continue to work on the other the alternatives that the economics House they recognize the entire Senate issues. I think it would set a great pat- dictate. supports it. So I ask my friend if he is tern for this legislation, to have a bi- Mr. REID. Will the Senator yield? ready for a vote, not immediately but partisan vote moving forward with Mr. MURKOWSKI. I yield. sometime in the near future? something that is extremely impor- Mr. REID. I say to my friend from Mr. MURKOWSKI. If I may respond, tant. Alaska, I recognize the many com- it is very possible we may have a sec- The House bill did not address any of plicated and controversial issues in ond degree. We have an objection on the other issues raised by Senator this legislation that are now here, or our side that we have to clear as well. MURKOWSKI. The amendment is broader will be through amendment. So I agree with my colleague ‘‘at some than the House language—not a lot, This is not one of the weeks where we point in time,’’ but it is premature at but it is broader. The amendment bans say if we finish Thursday we will have this time on our side. the northern route and does not specify no votes on Friday. I know this will Mr. REID. What I say to my friend where the southern route will go, but take time. I understand that. from Alaska is, we understand there we know it will go through Alaska. So Mr. MURKOWSKI. I am not going are always things that can be improved I hope the Senators on the other side anywhere. I want everybody to make and we will certainly look forward to will allow us to have a vote in the near sure they understand that clearly from working with the Senator, and Senator future and move on to the next amend- the beginning this whole process was STEVENS, as to how we can improve ment which will be offered by Senator designed—and I don’t think we are this amendment, but in the near future MURKOWSKI. fooling anybody—to ensure that the

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1561 committee of jurisdiction did not get a are not on their side. And a few of CAFE standards are 27.5 miles per gal- chance to vote on it. An ANWR amend- those facts bear repeating. lon for cars and 20.7 miles per gallon ment would have been part of this bill ANWR is roughly the size of South for light trucks. because we had the votes. That is the Carolina, Maine, Massachusetts, Rhode The Kerry/Hollings provision in the bottom line. Island, Vermont, and New Hampshire bill would require a combined fleet fuel We have gone on from there into this combined. It is absolutely enormous. economy standard for cars and trucks extended synergy, which I do not think But when we talk about drilling in to go to 35 miles per gallon by 2015. is in the best interests of the Senate. ANWR, we are talking about clean Their provision also would expand the The PRESIDING OFFICER. The Sen- drilling in an area of less than 2,000 definition of ‘‘light truck’’ to include ator from Kentucky. acres—smaller than many airports in vehicles up to 10,000 pounds. That Mr. BUNNING. Mr. President, I rise the United States. would cover most SUVs and minivans. today to talk about the pending energy To say that drilling in this limited Because the Kerry/Hollings provision bill. I am glad we’re finally having this portion of ANWR threatens the entire changes current law by combining cars debate. It has been a long time coming. environment of the refuge is far- and trucks, that means that even if We desperately need a commonsense fetched and alarmist. auto manufacturers can achieve 28 energy policy. Ever since the Arab oil Recent advances in technology en- miles per gallon for their light trucks, embargoes over a quarter of a century able us to successfully extract oil in some manufacturers will be forced to ago, Congress has talked about passing ANWR in an environmentally sensitive boost their car standards up to 50 miles a serious energy bill. Now is the time. way. The old stereotypes of dirty oil per gallon just to reach the overall 35 Coming after the tragic events of drilling just don’t apply anymore. miles per gallon average. That’s a dra- September 11, it is more important In fact, if we do start exploring in matic jump from the current stand- than ever that we have a policy that ANWR, the drilling operations would ards, and pushes too far too fast. not only helps us meet our energy be conducted under the most com- The National Academy of Sciences needs, but also protects our national prehensive environmental regulations recently studied this issue and the im- security. In the past Congress has in the world. plications of raising CAFE standards failed to make progress on energy be- We all want to do what we can to on vehicle safety. cause we have fallen into the trap of protect our world. But it is just not NAS found that rapid increases in fuel economy standards for cars in the choosing between conservation and credible to say that looking for oil in early 1980’s likely contributed to thou- production. this one small, limited part of ANWR is But now I think that we have escaped a dangerous threat to the entire re- sands of additional highway deaths. Back then, auto manufacturers re- that trap and reached the point where gion. Many of the environmentalists duced the size and weight of their vehi- most of us in the Senate understand fail to see that if we do not begin oil cles to help meet the new standards. production in ANWR, oil companies in that a balanced energy policy must do But because the CAFE standards were both—it must help boost production of the Middle East, Russia, and else- raised too quickly, it turns out that domestic energy sources as well as pro- where—places where environmental making cars more fuel efficient also mote conservation. regulations are much less restrictive made them more deadly. The bill before the Senate today is a than ours or even nonexistent—will Today, one of the main ways for a decent starting point that attempts to take up the slack. manufacturer to increase its CAFE strike a balance between conservation Opening ANWR now might actually standards is to downsize its fleet. In and production. end up being more environmentally fact, since 1978 vehicles have shrunk in There are some parts of the legisla- sensitive than the alternative. We also weight on average by more than 1,000 tion that I support. For instance, even- cannot escape the fact that drilling in pounds per vehicle. tually we are going to get a chance to ANWR, and boosting our domestic en- At the same time, the death toll from vote on clean coal technology and eth- ergy production, is vitally important car crashes has increased. Statistics anol provisions that are important to to our national security. show that in the last 25 years since fuel my State. Right now we import 57 percent of efficiency standards were first im- I also like the tax proposals coming the oil we use and the number is exposed, more than 40,000 people have from the Finance Committee that pected to jump to 64 percent by 2020. died in crashes in which they might would promote conservation and the There are more than 10 billion barrels have otherwise survived had their vehi- expanded use of cleaner burning fuels. of oil recoverable in ANWR. That’s cles been heavier. But overall the bill is too weak on enough to fuel all of Kentucky’s oil While more people have died because production and contains several provi- needs for 82 years. That is also enough of the increased fuel efficiency, our sions that must be changed before the oil to replace the volume we currently fuel economy is not much better than Senate finally passes a bill. import from Saudi Arabia or Iraq for it was in 1970. Much of this is because First of all, we need to look at im- the next 25 years. consumers have chosen bigger cars. proving the production side. We must Drilling in ANWR provisions would They want SUVs and minivans to haul have an energy policy that helps re- not only make a tremendous difference their children to soccer games and to duce our dependence on foreign oil. for our domestic consumption, but go on vacations. And they want larger This means that we have to finally get would constitute a serious step toward vehicles because they are safer, more serious about ANWR. ensuring our national security. comfortable, and more powerful. We deserve to have a straight up or If the choice comes down to drilling Consumers obviously are not asking down vote on ANWR. It’s clear that a in ANWR and lessening the chance that for this mandate because they are majority of the Senate supports safe we will have to rely on Saddam Hus- choosing to continue to purchase larg- drilling in ANWR. sein and others in Middle East for our er vehicles despite other choices, in- It is the most promising source of do- oil, then there is no choice at all. cluding less expensive ones. mestic energy we have. It is critical to Today we produce less oil than we did Kerry Hollings would overly regulate our future and our national security. in World War II. We must reverse this consumer choice at the expense of safe- But because of the procedural gym- trend. Drilling in ANWR won’t change ty. nastics from the majority, it looks like things overnight, and no single source Because Kentucky has become one of we’re not going to get a fair shot at can totally end our dependence on for- the leading auto producing States in voting on ANWR. eign energy. the country, I am also worried that the That is wrong. ANWR is too impor- But opening ANWR and boosting pro- Kerry/Hollings provision would affect tant and the stakes are too high not to duction are vital to this bill and to our jobs. When the CAFE rules went into let the Senate work its will on this national security. effect before, manufacturers spend matter. On a different subject, I also think huge sums of money to comply with I know that there are some in the that we need to take a long look at the the new rules. Because of that, many Senate who are desperate to stop us CAFE provisions in the Kerry/Hollings workers were layed off to help cut from opening up in ANWR. The facts language in the bill. Currently, the costs.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1562 CONGRESSIONAL RECORD — SENATE March 6, 2002 Today over 160,000 Kentucky workers production and conservation, produces into the games, I was told, that of are employed in the auto industry or in jobs and makes a difference for our na- those 24,000 volunteers, only 77 were a job dependent on car manufacturing. tional security. forced to withdraw for one reason or That’s almost 10 percent of my State’s I yield the floor. another: A health problem, a family workforce. But many of these jobs will The PRESIDING OFFICER. The Sen- emergency, what have you. The volun- be at risk if the Kerry/Hollings provi- ator from New Mexico. teers were a spectacular part of these sion in this bill becomes law. Mr. BINGAMAN. Mr. President, be- Olympics. I believe in increasing fuel efficiency fore the Senator from Utah begins his There were 9,000 credentialed media in vehicles. I think we can and should statement, I ask unanimous consent that showed up to cover the Olympics. do more on this front. But I do not be- that following the statement of the It was, as I say, the largest Winter lieve that Congress picking a number Senator from Utah, Senator JEFFORDS Olympics in history. out of thin air and mandating a target be recognized for up to 30 minutes, and In recognition of the size of the for manufacturers to hit is the way to following that, that Senator FEINGOLD Olympics, it was declared for the first go. Instead, I think we need to do what be recognized to speak as in morning time as a National Special Security we can to encourage sound science by business for up to 10 minutes. Event under Presidential Decision Di- the industry that makes sound, incre- The PRESIDING OFFICER. Without rective 62. That directive, issued in the mental changes in fuel standards. objection, it is so ordered. Clinton years, established national se- Finally, I would like to say a few The Senator from Utah. curity events where the Secret Service words about the procedure that was f would take the lead in managing the used to bring this bill to the floor. The THE OLYMPIC GAMES IN UTAH security. This is the first time the process that this bill went through to Olympics have ever been designated a Mr. BENNETT. Mr. President, I ap- finally reach the floor was a sham. National Special Security Event. preciate the opportunity of sharing Last October, when the Energy Com- The zone of security for the Olympics mittee was finally going to begin with my colleagues a summary of what happened in the Salt Lake games that covered over 900 square miles from marking up the bill, it was abruptly Provo to Ogden. That was the largest pulled at the last minute. Then the took place the first 2 weeks in Feb- ruary, where the world came to Utah coordinated area the Secret Service Democrats began working on their own and other law enforcement people have proposal. Now almost 6 months later and was received in the spirit of the Olympic flame. ever been asked to guard—perhaps with we finally get a chance to see their the exception of the District of Colum- handiwork. The Olympic Games are one of the few events, if indeed not the only bia as a whole. Even at the State of the As I said at the beginning of my re- Union Message, you don’t have an area marks, there are parts of it that rep- event, where the world comes together in a non-political arena. There was sub- as large as the area covered by these resent a good starting point. But there Olympics. are serious problems with the measure, stantial effort that went into these In order to meet the challenge of this problems that probably would have games, both on the part of the people security responsibility at these Olym- been fixed in the Energy Committee. of Utah and the Federal taxpayer. So I pics, we had 1,100 FBI agents, we had But because they did not have the think it is appropriate that we have a 2,000 Secret Service agents, and there votes in committee, the Democrats summary and report to this body on were law enforcement officers from 48 short-circuited the committee process that experience. different States. and brought the bill straight to the If I may, I would like to begin with floor. some numbers. I know that is usually As I went through one venue, I no- These procedural shortcomings have not the way to begin a public speech ticed on the sleeve of one of the law en- helped produce a flawed bill. If the leg- that you want anybody to listen to, but forcement officers the badge of the Po- islation had gone through the usual there are some numbers that outline lice Department of Gallup, NM. Law legislative process, it would probably the scope of these Olympics that I enforcement officers from 48 States be a stronger, better bill. Many of us think are irreplaceable as an example came to help their Utah colleagues pro- have to ask why did the majority do of what went on. vide security for the games. Over 2,400 this. The answer appears to be that These were the largest Winter Olym- Utah law enforcement officers gathered there was a fear that the energy bill pics in history, and Salt Lake City was from all over the State. There were coming out of the committee would in- the largest city to host a Winter Olym- also 2,400 military personnel—pri- clude provisions such as ANWR for pics. In the past, they have always marily National Guardsmen who came which we have the votes and that the been held in relatively small ski vil- from six different States. And there majority leader decided to have this lages. This is the first time a major were 2,200 fire and emergency response debate on the floor instead. metropolitan area has been chosen as individuals. This was an incredible That is fine. That has happened be- the host of the Winter Olympics. Some army of security personnel assembled fore around here. But that also means will argue with that and say Sarajevo to provide security for the athletes and that we deserve to have a fair shot was a major city, but Salt Lake City is spectators. with our amendments on the floor. It’s the largest city that has ever been host What did they handle? There were one thing to shut us out in committee, to a Winter Olympics. over 3.5 million spectators who went but it’s a whole other matter to try to It was the largest number of athletes through magnetometers during that 2- do so on the Senate floor as well. who have ever come to a Winter Olym- week period—31⁄2 million people proc- Let’s have the debate on ANWR, on pics—2,500. They came from the largest essed on a time-frame. There were CAFE, and on other provisions and see number of countries ever represented some who didn’t get to their events on where the votes are. If the full Senate at the Winter Olympics, 78, and they time. But overwhelmingly the ticket is going to work its will on a sound pol- competed in the largest number of holders got to their events, went icy, that’s the least we can do. Any- events—also 78. We kept adding sports through the magnetometers, and were thing else is going to produce a flawed, to the Winter Olympics for this experi- properly screened. There were 80,000 unbalanced bill that is not going to re- ence. spectators processed each day through flect well on the Senate and is not Three and one-half billion people the magnetometers at Olympic Square. going to help the country. watched the opening and closing cere- There were over 1,000 trucks processed We need a sound energy bill and we monies that were held in the Rice-Ec- carrying 250,000 tons of material and need it now, and the best way to pass a cles football stadium at the University product. They were processed. They constructive bill is to have a full, of Utah. Sixty-seven thousand people were screened. They got where they healthy debate on the floor about all of signed up to be volunteers—the largest needed to go on time. It was an incred- the issues involved—ANWR, CAFE, and volunteer pool ever created. Only 24,000 ible security and logistical perform- all of the rest. of them could be accommodated. ance. If we have this debate, I think we can One of the interesting statistics—I When the Attorney General was out produce a balanced bill that increases don’t have the final number—but far there, I was with him, and we were

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1563 checking in advance the security prep- that has come out of this experience. doing anything. Then he made an in- arations. At one of the venues, the offi- As I said, I went to the security center teresting comment. He said, ‘‘Senator, cer briefing us summarized how good and saw these 64 agencies in a room not we think that a number of groups that the security really was. As he said to the size of this chamber. They were sit- would otherwise have come to Salt the Attorney General, if you are going ting at a computer roughly every four Lake City in an attempt to disrupt the to get anywhere near this venue during feet, side by side, watching the com- Olympics or do even more serious dam- the Olympics without a credential, you puter screens and manning their sta- age. These groups scoped out the secu- are going to have to be a moose. tions 24 hours a day throughout the en- rity pattern we had here and decided to What happened in terms of the threat tire 17 days of the Olympics. That stay away.’’ as a result of this security activity? By meant that anything that came up in Indeed, he cited one activist group comparison—the Atlanta Olympics the form of any sort of threat would be that, on their Web site, instructed all were the last that were held in the instantly known in real time and si- of their supporters around the country: United States—in Atlanta, they rou- multaneously to all 64 agencies. Stay away. They’re ready for us in Salt tinely had between 100 and 200 bomb I was interested to note the labels Lake. If you show up, you will be im- threats every single day by people who that were on the little cardboard fold- mediately taken care of. There is no felt confident enough to mount some ers on the top of each computer. Here point in coming. kind of hoax, or threat, or attempt to was a computer with a label on it that So the games went on flawlessly from disrupt—100 to 200 every day. In the read ‘‘FEMA.’’ It was reassuring to a security standpoint because of the in- Salt Lake Olympics, there were a little know that the Federal Emergency credible coordination that went on, over 100 of those threats through the Management Administration was from the Secret Service down to the entire 2-week period. present. Next to it would be one that smallest local law enforcement agency. Those are the statistics that give you read ‘‘FBI’’—that was reassuring—and That is the first legacy that will the size and scope of what we were on through a number of other Federal come out of the Salt Lake City games: dealing with—the size and scope of the agencies. In addition, there were var- that degree of expertise, that under- effort. ious State agencies—the Utah Highway standing of how things should be done. In an effort to make sure we were Patrol, the local police agencies, and In connection with that legacy, I getting our money’s worth and that we county sheriffs departments; the Davis have to acknowledge the work of Brian were on top of things, I visited the County Sheriff’s Department. Stafford, the Director of the United venue. I went to the Olympic Village One label caught my eye which dem- States Secret Service, who personally where the athletes were. That was a onstrated to me just how significant an paid a significant amount of attention self-contained city of 3,500 people—the effort this was. There was a label that to these games. He was in Utah a num- 2,500 athletes plus 1,000 coaches and said ‘‘U of U Police Department.’’ The ber of times. Mark Camillo, the special other team officials. It had its own University of Utah security guards agent in charge, practically became a badge, it had its own health clinic, it were in the same room with the Secret citizen of Utah. He has been out in had its own dining hall and even its Service and FEMA, because if some- Utah for the last 24 months. The FBI, own movie theater. This village had its thing happened at the University of of course, under the leadership of Di- own post office, bank, dry cleaners and Utah—the place where the athletic vil- rector Mueller, should be congratu- convenience store—it was self-con- lage was located—the University of lated for an outstanding job. Bob Flow- tained. Utah police would have to be the first ers, who is the head of the Utah Olym- Then I went to the media center, responders. But they were in the same pic Public Safety Command, was a very which was another city. As I said, there significant player in all of this. His were over 9,000 accredited journalists room and were getting the same infor- right hand person, Dave Tubbs, Execu- there. Here is a city with its own store mation that FEMA was getting— tive Director of the Utah Olympic Pub- and bank as well as facilities for get- FEMA if it was a major fire; that the lic Safety Command, deserves further ting on-line, filing stories, and all of FBI was getting if there was a major the things necessary for the media. law enforcement challenge; and that commendation and congratulations. I visited the Public Safety Command the Secret Service was getting if there These are the people who created this Center where over 64 different agencies were some kind of a threat to the legacy from which the nation will draw were located, coordinating all of their President. All were in the same room. benefit for years to come. efforts. All were coordinated. It was a seamless The second legacy that comes out of I went to the joint intelligence cen- effort, from the Secret Service at the these Olympics are the facilities that ter where all of the intelligence agen- top, all the way down to the smallest— were built. There were already ski fa- cies—not only from our country, the I will not say lowest; smallest—local cilities in many places in Salt Lake, CIA, the NSA, the DEA but also from law enforcement agency. Nothing like but now we have built facilities that other countries—were gathered to- this has ever been accomplished before were not there before. For example, the gether sharing intelligence informa- and, certainly, nothing on the scale ice skating oval in Kearns; the luge/ tion about what kind of threat they like this has ever been accomplished bobsled/skelton track and the ski jump might see. before. at Utah Olympic Park—those things There was the joint information cen- The legacy that comes out of this is were created and upgraded for the ter where all of the information offi- a degree of expertise and understanding Olympics. cers were gathered so that if there were of coordination in law enforcement I had lunch with the President of the any kind of an incident that came up, that can be used as a template for U.S. Olympic Committee, Sandra Bald- everyone would know about it in- homeland security and homeland de- win. She said to me, ‘‘All of our speed stantly and be able to coordinate their fense. skaters historically have come from responses. I have made reference of this to Gov- Wisconsin.’’ That is a little bit of an I visited the Olympic Square and the ernor Ridge, when he was here, and overstatement, but she backed down Medals Plaza and, of course, every one said, ‘‘You need to look very carefully and said, ‘‘All right, most of them have of the athletic venues. at the experience of the Salt Lake come from Wisconsin.’’ Why? Because Out of all of this, the basic question Olympic games. It will give you guid- that is where the best training facili- that I think we should be addressing in ance that will be absolutely invaluable ties are for speed skating. We expect the Congress is, What is the legacy of as you struggle with the problem of di- now that many of our gold-medal-win- the Salt Lake City games? What is the vided jurisdiction among law enforce- ning speed skaters will start to come lasting result of having held this ment agencies.’’ from not only Utah but the entire event? I want to highlight a few of the While I was there, the man who was western United States. items that came out of what I have de- running the center turned to me and he Then the comment made by some scribed from all of the visitations I said: Senator, this is boring. Nothing is athletes at the lunch, and they were made. happening. In the security business, not necessarily Utahns, ‘‘Salt Lake The first legacy that is the most ob- boring is good. I smiled a little at that City is easy to get to. Salt Lake City is vious is the degree of security expertise because it did look as if nobody was accessible by a majority airport. It is a

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1564 CONGRESSIONAL RECORD — SENATE March 6, 2002 major city with hotel and places to They said it was the finest develop- go away from these Olympics with a stay. Athletes from all over America ment they had seen and one which they different view of America and Ameri- can come to Salt Lake City to train far would hope would be a model for other cans than we had before we came. We more easily than they can in existing entities who would deal with Forest will spread that view in our home training facilities.’’ Service land. But they also described countries.’’ One of the legacies of these games to me how delighted they were at the In many ways, that is the most im- will be better prepared, better trained legacy of better management of Forest portant legacy to come out of these American athletes. These games set Service lands in Utah that comes as a Olympics. Coming against the back- the record for Americans winning med- by-product of the Olympics. drop of September 11th, it was the com- als at the Winter Olympics. I expect Housing, another legacy from the ing together of people from 78 nations, that record will be broken in the future Olympics is that there will be more of 9,000 journalists, to a nonpolitical because of the legacy of the Salt Lake low-income housing in Utah as a result arena and to find the humanity, the Olympic Games. of efforts necessary to provide housing friendship, the fellowship, and the open In the process of creating those fa- for Olympic guests. Frankly, we did nature of human beings regardless of cilities, we produced yet another leg- not get as much low-income housing in their country that will bless the world. acy. I will talk about what was one of Utah as I would have liked. We did not After September 11, there were pro- the more controversial aspects of the get as much as we originally thought posals to cancel the Olympics. I re- Olympic facilities: the creation of the we would get when we embarked on member having a conversation with men’s and women’s downhill at this program. However, one aspect of Mitt Romney, President of the Olym- Snowbasin. In order for that to happen, the housing that needs to be talked pics, about that possibility. there had to be a land exchange so that about has to do with housing on Indian I said, ‘‘What will happen if you can- Earl Holding, who owned the reservations. Housing was provided for cel the Olympics?’’ He said, ‘‘The first thing that would Snowbasin facility, could get the land the press in manufactured units. They happen is we will go bankrupt. There necessary to create the venue that came straight from the factory. They will be hundreds and hundreds of mil- worked so well in the Olympics and were assembled on the place, and they lions of dollars of default because we that everyone saw on television. became the housing units for people in can’t pay our bills unless we get the The Forest Service owned most of the press. They were also at a distant revenue from actually putting on the the land Mr. Holding needed. The For- venue in Soldier Hollow, where they games. We can’t cancel the games. est Service said, ‘‘We would be willing were used for housing Olympic athletes to deed that land to Earl Holding, but More importantly, we must not cancel who needed to stay there rather than the games because that would send a we don’t want money in exchange. We at the Olympic Village. signal to the terrorists that they truly want other lands.’’ The Forest Service The Olympics are over. What do you had won.’’ identified 11,000 acres of land in the do with this housing? Because it is Nonetheless, there was the shadow of State of Utah which, for management manufactured housing and can be what would happen if the games went purposes, they wanted to acquire. shipped easily, these houses are now in forward hanging over it. A number of An appraisal was done. The 1,300 the process of being dismantled and my colleagues in the Senate expressed acres they deeded to Earl Holding in fi- sent to Indian reservations in the State their concern about that. nancial terms was worth the same of Utah to provide affordable housing We went forward with the games. Not amount as the 11,000 acres the Forest for Native Americans. That is another only did we provide safe games in the Service acquired. So even though the one of the legacies of these Olympics. way I have described, we provided Forest Service acquired 8 or 9 times as We have a security legacy. We have warm, gathering, closing-of-wounds, re- many acres as it gave up, in financial an athletic facilities legacy. We have a assuring kinds of games that told the terms the swap was equal. A careful ap- land management legacy, and we have world we are all still one family. praisal was made by the Government a housing legacy. We should all be Enormous thanks belong to a number to assure that the interest of the public proud of that and grateful for that. of people for producing that legacy. was protected. There is one more legacy that may Mitt Romney, of course, stands first as Without going into the details, this be, while intangible, more important the CEO who took over a situation that was the legacy that the Forest Service than those I have previously men- was challenging and produced the re- has as a result of that land swap. In a tioned. Let me give an anecdote to il- sult I have described, along with his report they filed in May of 2000, they lustrate my point. We, of course, were chief operating officer, Frazier Bul- summarize what they received as a re- as warm with visitors from foreign lock. sult of the land swap that was stimu- countries. As they went around Salt I want to thank the American people lated by the Olympics: 15.3 miles of pe- Lake City, as they talked to the volun- for their contributions and the sense of rennial streams, 21.5 miles of intermit- teers, they had an experience in Amer- total American participation. Driving tent streams, a 23-mile reduction in the ica. around Salt Lake City, I saw a lot of boundaries that they have to police, One of them described it this way, strange buses from a lot of places I did consolidation of ownership, and the ‘‘After September 11 and then the war not recognize. Finally, I saw a familiar elimination of the threat of develop- and the attacks in Afghanistan, we had bus. I thought: Oh, this is a hometown ment of these lands. the feeling that the Americans stood bus. Then I realized it was a Wash- They have acquired suitable habitat astride the world and we expected, ington metrobus, not a Salt Lake City for threatened and endangered spe- when we were coming to America for UTA bus. The buses came from all over cies—both plant and wildlife—as well the Olympics, that the Americans the country. as habitat for big game calving and would be pretty cocky, that the Ameri- On our light rail in Salt Lake, the fawning, in both summer and winter. cans would be lording over the rest of cars are all white. Suddenly, there They acquired three miles of existing us the fact that they were in charge, were a bunch of yellow cars. I wondered road access that they did not have be- that the Americans could do whatever from where they came. The answer fore, and there are 3.5 miles of existing they wanted anywhere in the world, was, Dallas, Texas. The folks in Dallas, four-wheel-drive road to be evaluated and now you are coming to our Olym- Texas, sent us their railroad cars to in Box Elder County, and 15.5 miles of pics, and the Americans would be filled supplement ours for our light rail sys- existing trail access was acquired, with overweening pride and a little bit tem. along with a wide variety of dispersed of hubris.’’ This was truly an American effort recreation opportunities, again, for They went on to say, ‘‘We have come that produced the legacy of goodwill both winter and summer. into this Olympic atmosphere and and good feelings around the world. I spoke with the Forest Service per- found nothing but warmth, gracious- I thank the American people for their sonnel as I did my visits to the Olym- ness, willingness to be helpful, to reach help. I want to thank Governor pic venues, and they told me how de- out, and to form relationships around Leavitt, the Governor of Utah; Bob lighted they were with the way the the world. We have found none of the Garff, chairman of the Olympics—they Snowbasin venue had been developed. pride and haughtiness we expected. We all deserve special thanks.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1565 One individual I will single out, the IOC. Every Olympics is different. I were blessed that people of courage and whom many of you have met, is Cindy am not going to create that expecta- conviction were already in place and Gillespie. She was vice president of the tion, and I tell you in advance, don’t be prepared to carry out their tasks. I Salt Lake organizing committee who expecting that.’’ So he came and he would like to take a moment to thank handled governmental relations. She gave his formal closing remarks. They these wonderful men and women for was superb at it. She also represented a were written in the program and they what they did. I am very proud of all of source that we all found valuable. She were wonderful. But he ad-libbed, as he them. did the same job for the Atlanta games. was caught up in the same spirit of First, I want to thank all the strong, She brought an institutional memory good will throughout the world that I brave, and gifted Olympic athletes who of what the challenges had been in At- have described as the Olympic’s most participated in the Winter Games. I am lanta that helped us do things a little important legacy. And off of his pre- especially proud of the United States’ differently in Salt Lake. pared remarks, he turned to all of us athletes who performed so magnifi- Finally, among my colleagues, I and he said: cently and brought home 34 medals— must acknowledge the Senate’s leading People of America, Utah, and Salt Lake more than double the bronze, silver and supporter of the Olympic movement, City, you have given the world superb games. gold the United States brought home TED STEVENS of Alaska, who put his That is a legacy of which all Americans can from the 1998 Nagano Winter Games. full energy in backing these games. I be proud. This was 28 more than were won in the am sure he had some residual regret I yield the floor. 1988 Winter Games in Calgary. that the games did not go to Fairbanks Mr. HATCH. Mr. President, I rise to I also want to thank Utah Governor but came to Salt Lake City, but he pay tribute to all the men and women Mike Leavitt and Salt Lake City threw himself into support of the in the State of Utah and this nation Mayor Rocky Anderson, U.S. Attorney Olympics in a manner that was truly whose hard work and diligence made Paul Warner, Assistant U.S. Attorney heroic. And other Senators: Senator the 2002 Salt Lake City Winter Olym- Dave Schwendiman, as well as, the INOUYE, who took over chairmanship of pics the best in the history of the many other local city and county offi- the defense subcommittee when there Games. cials, and their staffs, who hosted the was a change in leadership, was every I want to pay special tribute to the Games and marshaled the resources bit as supportive as Senator STEVENS. I efforts of my Utah partner, Senator which made the Olympics such a suc- want to thank Senator BYRD the chair- BOB BENNETT. We owe him a great deal cess. They represent the great char- man of the Appropriations Committee of gratitude for his leadership and acter of the people of Utah. for his help. Also Senators GREGG and guidance to ensure that the 2002 Winter Utahns work very hard to preserve HOLLINGS, who had the responsibility Olympic Games had the resources and the beautiful natural backdrop that of funding the requests that came from manpower necessary to be successful. the world admired and enjoyed so much the President with respect to the Jus- The 2002 Olympics proved that we as throughout the Games. They also tice Department and the FBI. Senators a nation can conduct national events worked very hard to build the modern, CAMPBELL and DORGAN for their help in where the need for security is balanced state-of-the-art infrastructure that providing adequate funding for the Se- with the spirit of the event. In this new made the Games possible. It was cret Service. I want to also thank all of age, where terrorism is a constant Utahns who provided the indomitable my Senate colleagues for their great threat, securing the Olympics was a pioneer spirit which inspired the support. The support for the Olympics joint effort. It involved private citi- Games to reach new heights. Without was very broad based. zens, Utah businesses, and federal, the tens of thousand of Utah volun- Finally, while I am thanking, I must state, and local law enforcement agen- teers, the Games would not have been acknowledge that the Clinton adminis- cies. The result was a security oper- possible at all, let alone the unquali- tration could not have been more sup- ation that provided a blueprint for the fied success they turned out to be. portive, and could not have done a bet- future. But this is only part of the success ter job in seeing to it that these were The 2002 Winter Games were a show- story. The 2002 Winter Olympic Games in fact America’s Olympic Games. case of American determination, resil- were possible because of well-conceived When the Clinton administration left iency, creativity, and resourcefulness. and well-executed partnerships among office and the Bush administration The challenge of planning for and exe- Federal, state, local, and private orga- came into power, the transition was cuting an event of this magnitude was nizations. Not enough can be said seamless. The same support that came daunting even prior to the tragedy of about the way private enterprises out of the White House and all aspects September 11th. Following the Sep- partnered with government at all lev- of the administration made a very sig- tember 11th tragedy, however, the se- els. Mitt Romney, President and CEO nificant difference. curity of the Winter Olympics became of the Salt Lake Organizing Com- It is that final legacy, that the sup- the subject of intense scrutiny in this mittee, and Fraser Bullock, the Chief port of America has been recognized country and throughout the Inter- Financial Officer and Chief Operations around the world, and that the good- national Olympic community. Fre- Officer, are great Americans and heroes will of America will radiate from these quently asked questions included: Can of the 2002 Olympic Games. Their col- games around the world, that is the the United States still produce a first- lective business acumen, indomitable legacy for which I am the most grate- rate event given the new security envi- spirit, and eye for beauty and passion ful. It was summarized at the closing ronment? Should the Games be can- brought about a splendid production ceremonies by Jacques Rogge, the new celled? Should the Games be scaled from start to finish—that was enjoyed president of the International Olympic back? Would the event become an immensely by the whole world. I want Committee. You may know that in the armed camp? to personally thank the entire Salt past it has been the habit of the presi- There was never a question, however, Lake City Organizing Committee for 17 dent of the International Olympic among the organizers and planners of days of magic! Committee to give a scorecard, a re- the Games as to whether the Olympics For many years, the Salt Lake Orga- port card of how well the Olympics has would go forward. They rolled up their nizing Committee Board of Trustees done. The comment that has always sleeves and set out, determined to en- was the backbone of planning the been looked for at every Olympics be- sure that these Games were the best Games. These dedicated men and fore is when the president of the IOC and safest Games ever. Law enforce- women provided critical guidance and stands up and says, ‘‘You have given us ment officials were confident that they support in developing the overall archi- the finest Olympics ever.’’ That is what already had an excellent security plan tecture and operations for the Games. all of us in Salt Lake were hoping we in place. Federal, state, local and pri- We all owe a great deal of thanks to would get, that accolade. vate agencies developed and strength- the able leadership of Frank Joklik, Jacques Rogge said, three or four ened partnerships so the spirit of the who was also the former CEO and days before the closing ceremony, he Olympic Games could thrive. President of the Salt Lake Organizing would not say that. He said, ‘‘I am The nation and, indeed, the entire Committee, as well as former Chair- going to remove that tradition from international Olympic community man of the Board of Trustees. Under

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1566 CONGRESSIONAL RECORD — SENATE March 6, 2002 the direction and care of Bob Garff, organizations focused on the task of tion of security for the 2002 Salt Lake current Chairman of the Board of making the Games safe and enjoyable City Olympic Games. There is a great Trustees, the Board has been second to while leaving organizational biases and story here. I hope the lessons learned none in keeping the Games on track petty preferences at the doorstep. I be- in Utah from the efforts of the many over the years. We are very proud of lieve that this approach is the blue- men and women in the security com- every member who has ever served on print for all future National Special munity will help others charged with the Board of Trustees. Security Events and the UOPSC struc- protecting their communities. The current Board of Trustees have ture may even be a model for other The most important lesson learned, every right to be proud of their accom- states as they continue to implement and one which I can not emphasize plishments. We salute: Mr. Spence Ec- their plans to combat terrorism. enough, is that security success de- cles, Mr. James Beardall, Ms. Sandy When the Olympics were designated a pends on the open and willing coopera- Baldwin, Ms. Teresa Beck, Mr. J. National Special Security Event, three tion among agencies at all levels of Dwight Bell, Mayor Lewis K. Billings, federal agencies were primarily respon- government and in the private sector. Mr. Luke Bodensteiner, Mr. Kenneth sible for creating the security network If I had to point to a one thing that Bullock, Ms. Camille Cain, Mr. Joseph for the Games. They were: the Secret spelled the difference between success A. Cannon, Mr. Don Cash, Mr. Keith Service, the FBI, and the Federal and failure for the Olympic Games, I Christensen, Mr. Forrest Cuch, Ms. Emergency Management Agency. At- would have to say that is was the open Kathaleen K. Cutone, Ms. Anita torney General John Ashcroft, FBI Di- lines of communications among all law Defrantz, Ms. Maria Dennis, Mr. Randy rector Robert Mueller, FBI Special enforcement agencies, fire and emer- Dryer, Mr. James L. Easton, Mr. Ed Agent in Charge Don Johnson, Sec- gency medical services, hospitals and Eyestone, Mr. Rocky Fluhart, Ms. retary of Treasury Paul O’Neill, Secret universities, and private and non-profit Maria J. Garciaz, Mr. George Garwood, Service Director Brian Stafford, Secret organizations at all levels. Mr. Paul George, Ms. Rachel Mayer Service Olympic Coordinator Mark More than 60 federal, local, and state Godino, Ms. Joan Guetschow, Mr. Jim Camillo, FEMA Director Joe Allbaugh, law enforcement agencies contributed Holland, Mr. Tom Hori, Mr. William and the Secretary of Health and to the public safety of the 2002 Winter Hybl, Mr. Nolan Karras, Mr. Karlos Human Services Tommy Thompson. Olympics. Let me tell in detail why Kirby, Mr. Don J. Leonard, Ms. Hilary I also want to take this opportunity this experience in Salt Lake City is so Lindh, Dr. Bernard Machen, Mr. Bill to recognize other critically important unique. Malone, Mr. Larry Mankin, Mr. Al members of the Olympic Games part- In August 1999, the 2002 Winter Olym- Mansell, Mr. Henry Marsh, Mr. Jim nership. These are the men and women, pics in Salt Lake City was designated Morris, Ms. Carol Mushett, Mayor Brad many of whom are unsung heroes, who as a National Special Security Event. Olch, Ms. Grethe B. Peterson, Ms. Mar- ensured the safety, security, and wel- Once this designation was made, the garet Peterson, Mr. Dave Pimm, Mr. fare of the Games participants and Secret Service became the lead federal John Price, Mr. Early Reese, Mr. Chris spectators. Among these are: the active agency for designing, coordinating and Robinson, Mr. Mike P. Schlappi, Dr. duty and reserve military personnel implementing security at the event. Gerald R. Sherratt, Mr. Bill Shiebler, who stood in the cold for hours inspect- With responsibility for protecting over Mr. William J. Stapleton, Mr. Marty R. ing cars and manning security check- 2,300 athletes from 77 nations, scores of Stephens, Mr. Gordon Strachan, Ms. points; the military pilots who flew a foreign officials and dignitaries, and Picabo Street, Mr. James R. Swartz, lonely vigil over Utah venues; and over one million spectators, the Secret Ms. Lillian Taylor, Ms. Diana Thomas, those uniformed personnel who manned Service’s Major Events Division col- Mr. Richard Velez, Mr. Lloyd Ward, cold, remote radar sites. laborated with dozens of other federal, Ms. Ann Wechsler, Mr. Winston A. The legions of personnel from every state, and local law enforcement agen- Wilkinson, Mr. Marion Willey, Mr. C.J level of federal, state, and local law en- cies and public safety officials to de- Young, Mr. Ed T. Eynon, Mr. Kelly J. forcement who worked 24 hours a day, sign a multi-faceted and comprehen- Flint, Mr. Grant C. Thomas, Mr. Brett seven days a week vigilantly watching, sive security plan. They worked for Hopkins, Mr. James S. Jardine, and inspecting, and protecting the Games nearly 16 months to establish a safe Mr. Lane Beattie. also need special recognition. I think and protected environment at an as- I want to give special thanks not about the fire and emergency medical sortment of venues in the Salt Lake only to the current board but to past personnel who, like their law enforce- City area. board members who have also given so ment brothers and sisters, were on The tragic events of September 11, much to these Olympics. They include: duty around the clock, planning for the 2001, ushered in a new era of heightened Verl Tophan, Earl Holding, Alan worst while praying for the best. Fi- security, with even more emphasis on Layton, Scott Nelson, Tom Welch, nally, let us not forget the private non- precaution and prevention. After the Dave Johnson, Fred Ball, Jack profit organizations such as the Amer- terrorist attacks, efforts intensified to Gallivan, former Utah Governors Cal- ican Red Cross and the AmeriCorps enhance existing security plans de- vin Rampton and Norm Bangerter, who cared for those that might have signed and tailored to the requirements former Salt Lake City Mayor, Dee Dee been forgotten in the excitement of the of each of the many individual venues Corradini, Palmer DePaulis, Jake Garn Games. at the Winter Olympics. and many others. We also need to acknowledge the In the end, the 2002 Winter Olympics The members of the Utah Olympic other everyday heroes whose stories were a rousing success story for not Public Safety Command, known as often did not make the press. It is only the United States athletes, who USOPSC also deserve special recogni- amazing that in a state as sparsely established a new record for American tion. I am especially proud of its Com- populated as Utah, there were well over success at the Winter Games with 34 mander Robert Flowers, Vice Com- 60,000 applicants for the 30,000 volun- medals, but also for the thousands of mander Rick Dinse, and Executive Di- teer positions. athletes and hundreds of thousands of rector David Tubbs. This 20-member And we all have to pay special trib- spectators who were able to compete interagency and intergovernmental ute to the inspirational performances and attend events in the safest and body developed and implemented all by The Mormon Tabernacle Choir, for most secure environment possible. the public safety and security meas- their presence at so many events lifted The 2002 Winter Olympics rep- ures for the Games. I also want to ex- our spirits and touched our hearts. The resented the largest coordinated secu- press my appreciation to Earl Morris Church of Jesus Christ of Latter-Day rity effort in our Nation’s history. and former USOPSC member Craig Saints provided the security for these While most security plans for a sport- Dearden for their tireless efforts. This events, as well as, security at Temple ing event may typically include a large unique cooperation between the public Square. The Church’s efforts were stadium and the surrounding area, the sector and the private sector, between lauded by local and federal law enforce- Secret Service was responsible for co- federal agencies and state agencies ment officials alike. ordinating security at 15 different should get an Olympic gold medal. I would like to spend a few minutes venues consisting of: the Delta Center, Within the UOPSC structure, all these discussing the preparation and execu- Medals Plaza, Main Media Center,

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1567 Rice-Eccles Olympic Stadium, Olympic from this experience and incorporate As chairman of the Committee on Village, Ice Sheet at Ogden, IOC Hotel, these lesson into our national security Environment and Public Works, I have Snow Basin Resort, Park City Moun- planning process. considerable interest in several areas tain Resort, Deer Valley resort, Utah Following the great traditions of this within the committee’s jurisdiction. Olympic Park, Soldier’s Hollow, Peaks country, the success of the 2002 Salt These include issues relating to regula- Ice Arena, E-Center Ice Arena, and Ice Lake City Winter Olympics was not tion of commercial nuclear power Oval at Kearns. There also were special due to any one individual, but to all plants, and to air and water quality security requirements implemented at who participated. From the spectators issues such as global climate change, the Salt Lake International Airport at the venues who showed patience, to the use of reformulated fuels, and air and Salt Lake City’s downtown Wash- the athletes who demonstrated the emissions from the transportation sec- ington Square. power of sport, to the organizers and tor. I support the bill’s provisions on Compounding the difficulty of secur- protectors who gave us outstanding efficiency standards for homes, schools, ing such a large and diverse number of Games, and finally to the American and public buildings, as well as the effi- venues was the sprawling geographical people, including this Congress, who ciency standards for appliances and coverage of the Winter Games. The overwhelmingly supported the Games, other consumer and commercial prod- zone of security stretched for 900 we proved to the World that the events ucts. I also support increased funding square miles, from Provo to Ogden, of September 11 will not deter this for the Low Income Energy Assistance, providing numerous operational and great Nation. LIHEAP, program, and for expanded logistical challenges for the Secret Finally, I want to take this oppor- R&D for reducing greenhouse gas emis- Service. tunity to thank the staff who worked sions and promoting efficiency and re- The security plan was designed and tirelessly with me on the Olympics: newables. I look forward to inclusion of developed to provide the most secure Kristine Iverson, Patricia Knight, Ros- the tax provisions passed out of the Fi- environment for athletes, spectators, lyn Trojan, Christopher Campbell, nance Committee, particularly those and protected venues. There was an Scott Simpson, Melanie Bowen, Heath- provisions which extend and expand airspace security plan to restrict cer- er Barney, and Christopher Rosche. I the production tax credit for renew- tain aircraft from approaching any pro- also owe a special thanks to Brandon ables, and provide credit for alter- tected venue. There was a cyberspace Burgon who made sure I was always native fuels and alternative fueled vehicles. As chairman of the Environ- security plan to ensure that no elec- where I was supposed to be, and that I ment and Public Works Committee, I tronic intrusions could disrupt commu- was on time. I appreciate everything have particular interest in those provi- nications and operations. In addition, they did, and am very proud of them. The PRESIDING OFFICER (Mr. sions of the bill which address the pro- there was a physical security plan, in- REED). Under the previous order, the tection of our environment through re- cluding remote poststanders, Senator from Vermont is recognized ductions of emissions and pollutants magnetometers, state-of-the-art secu- for up to 30 minutes. affecting air and water quality. rity cameras, chain-link fences, and f Earlier this Congress, the EPW Com- electronic sensors. mittee reported out S. 950, the Federal Notwithstanding all of the tech- NATIONAL LABORATORIES PART- Reformulated Fuels Act. This bill pro- nology and electronic monitoring, the NERSHIP IMPROVEMENT ACT OF vided recognition of the need to reduce foundation of any security plan is the 2001—Continued MTBE contamination of water supplies law enforcement personnel imple- Mr. JEFFORDS. Mr. President, we and enhance fuel suppliers’ flexibility menting it. At the Winter Olympics, will have before us over the next sev- in meeting market demand. We have over 10,000 federal, state and local law eral weeks a historic opportunity to also recognized the need to grow the enforcement and public safety officers change the direction of energy use in renewables share of the transportation stood watch around the clock, working this country. fuels market. I commend the leader, in a collective and collaborative effort I know you will hear from many of Senator DASCHLE, for convening a toward one single goal: to prevent any my colleagues that the events of Sep- broad and diverse group of stake- incidents that could cause harm to ath- tember 11 have changed how we must holders to craft an agreement on these letes or spectators, or create signifi- view energy, and on that point we must issues in the fuels section of S. 517. I cant disruptions of the Games them- all surely agree. An increasing reliance support the provisions in the Daschle selves. on energy imports from politically un- bill that will raise CAFE standards, a The result of this comprehensive and stable areas of the world is not in long overdue action that will dramati- sweeping security plan was secure sur- America’s best interests, and we must cally decrease the amount of gasoline roundings that allowed athletes and reassert our dominance over our own consumed on our highways. spectators alike to enjoy the atmos- energy production and innovation. One Both the reformulated fuels and phere of this international gathering of the most important ways to achieve CAFE provisions will benefit the envi- without having to navigate any overly this is to wean ourselves from foreign ronment, and reduce our dangerous de- burdensome or time-consuming secu- oil in our transportation sector, and to pendence on foreign fuels. I am sup- rity checkpoints. diversify the energy base for our elec- portive of the provisions in the Daschle While there were occasional evacu- tricity generation into clean, domesti- bill that set us on a path to seriously ations or disturbances, none of these cally produced renewable resources. address global climate change. I am matters were deemed serious, and there We have before us a piece of com- however deeply concerned that admin- were only a handful of minor arrests prehensive energy legislation that istration of the greenhouse gas data- during the course of the 17 days of the quite frankly is one of the best to base is not placed with the EPA, the Games. Although at the close of the emerge from this body in some time. agency most clearly qualified to run Olympics, there were no medals for the Senators DASCHLE and BINGAMAN have this program. No other agency has the Secret Service and its partners in law brought forward, in their comprehen- experience with air emissions data or enforcement and the military, the sive amendment to S. 517, legislation capability to run such a program more thousands of men and women who par- that would spur the development of re- effectively. The agency already col- ticipated in the execution of perhaps newable energy resources, that will ad- lects detailed carbon dioxide emissions the most sophisticated and successful vance efficiency in our transportation, information from the utility sector, security plan in the Secret Service’s building and electricity sectors, and and leads the Federal agencies in prep- 137-year history deserve recognition that will begin to address global cli- aration of the national inventory, pur- and gratitude for their tireless efforts mate change. I support many of the suant to the Global Climate Protection and dedication to their critical jobs. provisions of this legislation, particu- Act of 1978 and other authorities. Plac- In sum, the Salt Lake City Olympics larly those that encourage the producing this responsibility elsewhere in the provided the opportunity to develop tion of renewable energy, and those Federal bureaucracy seems duplicative and execute a plan to protect a 900 that provide additional funding for en- and illogical. square mile part of this country. I urge ergy assistance to low income house- As chairman of the Environment that we capture the lessons learned holds. Committee, the environmental and

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1568 CONGRESSIONAL RECORD — SENATE March 6, 2002 public health impacts of emissions are sources including wind power, intense ity in Shasta County, CA converts on the top of my list of concerns. These solar energy, vast sources of biomass, wood wastes into electricity. This trac- issues are not directly addressed in S. and geothermal energy. These renew- tor is harvesting switchgrass in 517. As this session moves forward, the able energy resources do not pollute, Charington Valley, IA where farmers EPW Committee will be considering they need not be bought from foreign planted over 4,000 acres of switchgrass, legislation that would cap greenhouse markets, they do not leave behind piles which when burned will generate a con- gas emissions from the transportation of toxic wastes, and they will not run tinuing 35 megawatt flow of clean sector, which is responsible for ap- out. burning energy. If successful the proximately one-third of U.S. emis- Because renewable energy has been project will be scaled up to 50,000 acres sions. I support the inclusion in the with us forever, we tend to disregard it. and involve 200 to 500 farmers. This bioelectricity section of the bill of a net We tend to think of it as too simplistic energy plant in Fayetteville, AR is metering standard, which would give to meet our modern energy needs. Like testing new bioconversion processes. consumers credit for their own produc- this windmill pictured from the old This photovoltaic charging station in tion of solar or wind energy. I am how- American West, we tend to think of Tampa, FL recharges batteries for hy- ever concerned that the bill fails to in- wind, and other forms of renewable en- brid electric vehicles, then contribute clude provisions, either through a pub- ergy as quaint, but outdated vestiges of excess generated power back to the lic benefits fund or an electric effi- our past. We could not be more wrong. electric grid. This cattle rancher in ciency mandate, to ensure the continu- According to the U.S. Department of Idaho uses wind energy to power his ation of programs to encourage elec- Energy wind energy has been the fast- home and ranch under a program spon- tricity efficiency innovations by utili- est growing source of electricity gen- sored by the Idaho Power Company. ties. Efficiency in electricity genera- eration in the world in the 1990s. This shows the solar array at BP tion is a vital component of consuming Today, the U.S. wind industry gen- Solarex headquarters in Frederick, less fuel, and lack of a provision ad- erates about 3.5 billion kilowatt-hours MD. BP solar, a subsidiary of BP Inter- dressing this issue is a major failing in of electricity each year, enough to national, is a leading world developer the legislation. I am also concerned meet the annual electricity needs of 1 of photovoltaic technology, with of- that the definition of biomass in var- million people. The costs of wind en- fices and manufacturing sites around ious places in S. 597 does not exclude ergy in the United has dropped more the world. This solar concentration incineration of municipal solid waste, than 80 percent in the past two dec- system at Sandia National Laboratory a process which results in emissions of ades, with today’s prices being com- in New Mexico produces utility grade mercury and sulfur dioxide. Measures petitive with electricity being deliv- electric power. which seek to encourage increased use ered by fossil and other fuels. As you Despite these exciting advances in of clean renewable energy should not can see in this picture of a modern U.S. renewable energy, the United provide new incentives for incineration windmill farm in Texas, times have States and American businesses still of municipal solid waste. changed. In Texas alone, wind power lag far behind advances being made in One of the most important aspects of generation has more than doubled in Europe and the rest of the world. Com- the legislation is its provisions for in- the past three years, and estimates are pared to the roughly 1 million Amer- creasing the use of renewable energy in that up to 1,000 megawatts of new re- ican homes that are served by renew- our nation. Unlike the House bill, Sen- newable energy capacity will be oper- able energy, installed international ator DASCHLE’s bill includes a renew- ating by the end of this year. This wind capacity is enough to satisfy the able portfolio standard which will jump is attributed in large part to a electricity needs of 23 million people. guarantee that a greater portion of State renewable energy standard The U.S. wind industry is actively America’s electricity needs are met by signed into law by Governor Bush in seeking to utilize marketing opportu- renewable energy. To date, the admin- 1999. nities outside the United States. istration, like the House, has not en- Throughout the country, utilities are According to the U.S. Department of dorsed this most basic of concepts, and installing wind turbines and other re- Energy’s National Wind Technology I strongly commend Senator DASCHLE newable energy facilities as customer Center, these prospective wind energy and Senator BINGAMAN for stepping for- demand for clean energy grows, and markets could translate into several ward on this crucial issue. This not- costs drop. billion dollars in sales for the U.S. withstanding, I cannot support the These pictures illustrate but a few wind industry. U.S. firms have already Daschle renewable portfolio standard. examples, such as this wind farm in installed turbines in Canada, The Neth- My primary concern with his provision Colorado; or the Northern States erlands, Mexico, South America, Spain, is that it does not go far enough to pro- Power wind farm in Minnesota; the Ukraine, and the United Kingdom. vide the level of environmental protec- Vanscycle Ridge wind farm in Oregon; Nonetheless, 90 percent of the world’s tion and market stimulation that a na- this wind facility providing electricity wind turbine manufacturers are Euro- tional renewable portfolio standard to the people of Traverse City, MI. pean, with a combined annual turnover should provide. Wind production can be especially of more than one billion Euros. S. 597, Senator DASCHLE’s bill, con- beneficial in rural and remote areas, as These potential markets are only tains a renewable portfolio standard re- we can see by this wind turbine in re- likely to increase. As the European quiring the generation of 10 percent of mote Kotzebue, AK, which displaces Wind Energy Association states: renewable energy electricity by the diesel fuel generation. Whereas the cost of most forms of energy year 2020. While moving in the right di- Geothermal, biomass and solar are are bound to rise with time, the costs of wind rection, this will not provide the level also making increasing contributions energy are actually coming down. of investment and growth achievable to local and regional electricity gen- Offshore European wind projects at by my amendment. We must be aggres- eration. This Nevada geothermal power various stages in the pipeline amount sive in finding alternatives to fuels plant produces electricity for 100,000 to more than 5,000 megawatts. Even ac- that pollute, or present unacceptable people. This geothermal facility in counting for the understandable enthu- security risks. I will be introducing an California has produced the energy siasm of those in the industry, it is amendment today that will ensure that equivalent of over 250 million barrels of clear that both the international and by the year 2020, 20 percent of the elec- oil, and currently provides electricity American wind energy markets have tricity Americans use will be supplied to over one million people. This geo- the potential for great expansion. by clean and safe renewable energy thermal plant in Hawaii provides elec- The faster expansion in international from wind, solar, biomass or geo- tricity for 60,000 people. This modern markets is due in great measure to thermal sources. complex in Lousiville, KY is heated governmental policies that favor such The United States today relies heav- and cooled by geothermal heat pumps. expansion. As the U.S. Department of ily on coal, nuclear power, and natural Energy produced from biomass has Energy states, gas to generate its electricity. Yet the the potential to account for almost as Wind energy is the fastest growing source United States is also blessed with an much renewable energy electricity pro- of electricity generation in the world in the abundance of renewable energy reduction as wind. Here a biomass facil- 1990’s. However, the majority of growth has

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1569 been in Europe, where government policies ergy throughout the nation. It will CIA, Admiral Thomas H. Moorer, and high conventional energy costs favor the allow our companies to grow domesti- former Chairman of the Joint Chiefs of use of wind energy. cally, and establish sufficient stability Staff, and Robert C. McFarlane, former Even with advances to date, Amer- to compete successfully in the world National Security Advisor to President ican renewables still account for little market. It will encourage the success- Reagan, sent a letter to myself and more than 2 percent of total U.S. elec- ful, long-term integration of these im- other Members of this body urging in tricity production. There is more than portant renewable technologies into the strongest terms that we take im- enough room for them in the U.S. en- the energy sector, and will help grow mediate action to address our energy ergy market. The United States is the the U.S. renewable energy industry security. Among other recommenda- world’s largest single energy market, into a world leader of renewable energy tions, they state that they ‘‘urge the representing more than 25 percent of technology. My amendment will be Energy Committee to immediately world energy consumption. good for the environment. It will im- adopt the Renewable Portfolio Stand- The real question is the extent to prove air quality, by reducing use of ard. . . .’’ which we in this country will take ad- fossil fuels which produce nitrogen ox- I ask unanimous consent that this vantage of our abundant renewable re- ides, sulfur dioxide, and mercury emis- letter, signed by all three, be printed in sources, and the assistance we will be sions. These harmful pollutants are the RECORD. willing to provide our American com- linked to smog, acid rain, respiratory There being no objection, the letter panies in competing in this market. illness, and water contamination. was ordered to be printed in the Are we going to allow American com- This is an urgent issue. As reported RECORD, as follows: panies to miss the boat? Is the United in today’s Washington Post, a study re- SEPTEMBER 19, 2001. States going to lag behind while the cently published in the Journal of the Senators THOMAS A. DASCHLE, TOM HARKIN, rest of the world makes investments, American Medical Association con- ROBERT C. BYRD, CARL LEVIN, JEFF BINGA- cludes that long-term exposure to fine MAN, JAMES S. JEFFORDS, MAX BAUCUS, JO- develops infrastructure and outpaces SEPH R. BIDEN JR., TRENT LOTT, RICHARD us in the profitable manufacture and particles of air pollution from coal- LUGAR, TED STEVENS, JOHN W. WARNER, production of renewable technologies? fired powerplants, factories, and diesel FRANK H. MURKOWSKI, ROBERT C. SMITH, Will we once more, as we are now for trucks increases an individual’s risk of CHARLES E. GRASSLEY, JESSE HELMS. fossil fuels, be dependent on other na- dying from lung cancer by 12 percent. DEAR SENATORS: Americans are aware of tions for the means to provide our do- This is particularly important to my the enormous and complicated tasks ahead mestic energy, but this time because home State of Vermont. We in the in dealing with the consequences of the un- Northeast live downwind from vir- precedented September 11th attack against the technology and manufacture of re- our nation. newable energy rests largely in other tually the entire nation. The prevailing There are many corrective actions that re- countries? wind patterns bring ozone-causing ni- quire lead-times that could be months or My amendment would provide an im- trogen oxide straight to our front door. even years. But, there are actions that can portant step in providing market There are days I can stand on Mount and must be taken now. One of those critical strength to U.S. renewable industries. Mansfield, and not be able to make out actions is to advance America’s energy secu- It would create a renewable portfolio the water tower on Mount Elmore rity. The Congress will soon act on that barely 20 miles away. issue. standard under which utilities would It is not enough just to ensure be required to gradually increase the My amendment would cut carbon dioxide emissions, a major contributor to uninterruptible supplies of transportation amount of electricity from renewable fuels and electricity. We must also act to ad- energy resources sold to consumers, global warming, by almost 19 percent, vance the security of those supplies, and the or 137 million metric tons by 2020. The starting at 5 percent by 2005, and lev- nation’s ability to meet its needs in all cor- Daschle 10-percent standard would eling out at 20 percent in 2020. This will ners of the country at all times. Our refin- achieve only a 7-percent reduction, or be achieved by a system of renewable eries, pipelines and electrical grid are highly 56 million metric tons. vulnerable to conventional military, nuclear energy credits, that electric retailers A 20-percent renewable energy stand- and terrorist attacks. can either generate themselves, or buy ard that stimulates investment in re- Disbursed, renewable and domestic sup- from someone else who has generated newable energy will be good for our plies of fuels and electricity, such as energy electricity from a renewable resource. economy. It will create thousands of produced naturally from wind, solar, geo- Those selling tradeable credits to the thermal, incremental hydro, and agricul- new, high quality jobs and bring sig- retailers need not themselves be con- tural biomass, address those challenges. For- nificant new investment to rural com- tunately, technologies to deliver these sup- nected into the grid. So long as some- munities. It will create an estimated one has generated electricity from a plies have been advancing steadily since the $80 million in new capitol investment Middle East fired its first warning shot over listed renewable energy resource, and here at home and create new opportu- our bow in 1973. They are now ready to be either used it himself or sold it to nities in the manufacturing and high- brought, full force, into service. someone else to use, he can sell the tech sectors. The market demand for But, while the U.S. Government has com- credit to a retail electric supplier. My renewable energy will also bring jobs mitted intellectual and monetary resources amendment would allow credits from to developing these technologies, the status to rural areas, where it is estimated quo marketplace is unwilling to accommo- existing renewable energy production, that wind energy alone could provide thereby encouraging expansion of ex- date these new supplies of disbursed and re- $1.2 billion in new income for farmers, newable fuels and electricity. Speedy action isting facilities as well as creation of ranchers and rural landowners, and $5 by the Administration and the Congress is new sources of renewable energy. It billion in new property tax revenues to critical to establish the regulatory and tax would be hydropower neutral in that it communities. conditions for these renewable resources to would require the use of renewable en- My amendment will advance national rapidly reach their potential. ergy credits to offset only production security. Renewable energy tech- Fortunately, such actions are under consideration by the Energy, Environment, and of non-hydropower electricity sold by nologies will reduce dependence on fos- the retailer. It would define renewable Finance Committees. We urge the Energy sil fuels, alleviating pressure on those Committee to immediately adopt the Renew- energy to include wind, solar, geo- markets. Because they are domesti- able Portfolio Standard (for electricity) as thermal, landfill gas, certain biomass, cally produced, they will reduce our well as provisions to ensure ready inter- and incremental hydropower added by vulnerability to foreign threats. Be- connection access to the electric grid, and increasing efficiency. It would not in- cause they are distributed in nature, cost-shared funds to the state public benefit clude industries which generate sub- they will reduce our reliance on cen- funds to continue essential support for stantial amounts of pollution such as tralized resources and the vulnerability emerging technologies and the provisions of incineration of municipal solid waste, of our energy infrastructure to ter- electricity to the truly needy. We urge the as renewable energy for which credits Environment Committee to immediately rorist attack. adopt the Renewable Fuels Standard in con- could be obtained. Following the attacks of September junction with measures to deal with environ- This flexible, market-driven system, 11, we can no longer afford to take this mental issues. Finally, we urge the Finance will help reduce market barriers for re- responsibility lightly. Committee to immediately adopt residential newable energy, and stimulate domes- Mr. President, on September 19, solar credits and renewable energy produc- tic investment in new renewable en- James Woolsey, former Director of the tion tax credits, including a provision for

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Council, Alaska Coalition of Missouri, Alas- vision tax credit made available in Section There being no objection, the list was ka Coalition of Pennsylvania, Alaska Wilder- 29 of the Internal Revenue Code. ness League, Alliance for Affordable Energy, ordered to be printed in the RECORD, as These actions will also develop new indus- Alliance for Sustainability, Alliance for Sus- tries and jobs, strengthen communities, en- follows: tainable Communities, Alliance for the Wild hance the environment, and assist in the sta- SUPPORTERS OF A 20% BY 2020 NATIONAL Rockies, American Council for an Energy-Ef- bilization of greenhouse gases. On the trans- RENEWABLE ENERGY STANDARD ficient Economy, American Lands Alliance, portation fuels issue, ethanol, biodiesel and ASSOCIATIONS American Oceans Campaign, American Pub- other biofuels will slow the flow of dollars to American Bioenergy Association, Amer- lic Information on the Environment, the Middle East, where too many of those ican Corn Growers Association, American Chairton Valley RC&D (Iowa), Citizens Ac- dollars have been used to buy weapons and Corn Growers Foundation, American Lung tion coalition of Indiana, Citizen Action of fund terrorist activities. Association of Colorado, American Lung Illinois, Citizens for Quality Drinking Water, Consequently, we also recommend a major American Lung Association of Houston, Clean Air—Cool Planet, Clean Power Cam- and concerted effort to assemble the talent American Lung Association of Maine, Amer- paign, Clean Air Council, Clean Water Ac- and resources needed to launch a ‘‘Liberty ican Solar Energy Society, American Wind tion, Clean Water Action Alliance of Michi- Ship’’ type program to convert agricultural Energy Association, Angus Duncan, Presi- gan, Clean Water Action Alliance of Min- wastes and cellulosic biomass into biofuels, dent, Bonneville Environmental Foundation, nesota, Clean Water Action Alliance of biochemicals and bioelectricity. The tech- California Wind Energy Association, North Dakota, Clean Water Action Alliance nology to do so is in place; all that is lacking CalSEIA (California Solar Energy Industries of Rhode Island. Climate Action Now, Climate Solutions, is the political will to deploy it. Association, Clean Fuels Development Coali- Cloud Forest Institute, Coalition for Clean Sincerely yours, tion, Clean Fuels Foundation, Colorado Re- and Affordable Energy, Coal River Mountain R. JAMES WOOLSEY, newable Energy Society. Watch, Coastal Georgia Center for Sustain- Former Director, Cen- Foundation for Communities & Environ- able Development, Colorado Environmental tral Intelligence. ment, Heartland Renewable Energy Society, Coalition, Communities for Responsible En- ROBERT C. MCFARLANE, Heartland Solar Energy Industries Associa- ergy, Communities United for Responsible Former National Secu- tion, Illinois Solar Energy Association, Iowa Energy, Connecticut Citizen Action Group, rity Advisory to Renewable Energy Association, Maine CTPIRG (Connecticut Public Interest Re- President Reagan. Nurses Association, Midwest Renewable En- search Group), Dakota Resource Council, De- ADMIRAL THOMAS H. ergy Association, Minnesota Farmers Union, fenders of Wildlife, Don’t Waste Connecticut, MOORER USN (RET), Minnesota Renewable Energy Society, Inc., Earth Action Network, Earth Care, Earth Former Chairman, Missouri Native Plant Society, Nebraska Day Coalition, Earth Day New York, Earth Joint Chiefs of Staff. Farmers Union, North American Butterly Justice Legal Defense Fund, Ecology Center Mr. JEFFORDS. A 20-percent renew- Association, Northern Great Plains Inc., of Southern California, Ecological Health able energy standard by 2020 is afford- Rose Foundation for Communities and the Organization, Endangered Habitats League, able. The Department of Energy’s in- Environment, South Dakota Farmers Union, Environmental Advocates of New York, En- Texas Solar Energy Society. formation administration found a 20- vironmental Background Information Cen- BUSINESS percent renewable energy standard by ter, Environmental Defense, Environmental 2020 would result in only modest in- AMECO, Antares Group, Applied Agricul- Defense Center, Environmental and Energy tural Technologies, Inc., Aqua Sun Inter- Study Institute. creases in consumer electricity bills of national, ASE Americas, Astropower, Atlan- American Rivers, Americans for a Safe Fu- up to 4 percent as compared to prices if tic Renewable Energy Corporation, Auto- ture, Anacostia Watershed Society, Arizona no renewable energy standard were im- mated Power Exchange, Biofine, Biorefiner, Audubon Council, Arizona Solar Action Net- posed. Bob Lawrence and Associates, BP Solar, BZ work, Asian Pacific Environmental Network, Polls have indicated Americans are Products, Inc., Calpine Corporation, Cape Blue Heron Environmental Network, willing to accept such moderate price Wind Associates, Capital Sun Group, Ltd., Bluewater Network, Bolingbrook Earth increases in exchange for the benefits Cargill Dow, Carson Solar, Inc., Clean Edge, Watch, CALPIRG (California Public Interest Research Group), California Global Warming derived from the greater renewable en- Inc., Colorado Energy Group, Inc. Communications Consortium Media Cen- Campaign, California League of Conserva- ergy production. ter, EAPC Architects Engineers, Eco Ener- tion Voters, Center for Biological Diversity, These same EIA studies showed that gies Inc., Endless Energy Corporation, En- Center for Energy Efficiency and Renewable while households will experience mod- ergy Management Inc., Energyscapes, Technologies, Center for Environmental est increases in electric bills, a 20-per- ENTECH Engineering, Environmental Serv- Citizenship, Center for International Envi- cent renewable energy standard will ices, Inc., Field and Forest Company, ronmental Law, Center for Resources Solu- actually reduce overall energy costs, FlexEnergy, Future Energy Resources Cor- tions, Environmental Health Coalition, Envi- which include the costs attributable to poration, Genencor International, GreenLine ronmental Health Watch, Environmental Law and Policy Center, Environmental home heating and commercial and in- Paper Co., Inc., The Hamilton Group, Heliotronics, Inc., The Hendler Law Firm, League of Massachusetts, Environmental dustrial energy consumption by ap- Hurshtown Alternative Power, Microgy Co- Awareness Committee, SE Iowa Synod, Flor- proximately 0.1 percent by the year generation Systems, Inc., Micropower Cor- ida League of Conservation Voters, Florida 2020. poration, Midwest Solar Solution. PIRG (Florida Public Interest Research With these very modest costs, the Millenium Energy LLC, Moose, Inc., Moun- Group), Friends of the Earth, Friends of the provisions in my amendment will in- tain Energy Consulting, Ozark Solar, Peo- Moshssuck River, Friends of the River, Gal- crease renewable energy production by ple’s Power and Light, Pioneer Forest, Poto- veston-Houston Association for Smog Pre- a total of roughly 2 million megawatts. mac Resources, Inc., Powerlight Corpora- vention, Georgia Audubon Society. tion, Power Shift, Pure Energy Corporation, Georgians for Transportation Alternatives, Higher numbers are distinctly possible. Renewable Energy Corporation, Limited, Global Green, USA, Global Possibilities, In the Sacramento Municipal Utility Sealaska Corporation, Sea Solar Power Global Response, Global Exchange, Grand District, for example, if every new International LLC, Sol-Air Company, Solar Canyon Trust, Great Basin Mine Watch, home built in California subdivisions Energy Corporation, Solar-Fit, Solar King Greater Tucson Coalition for Solar Energy, each year had photovoltaic energy Supply, Inc., Solar Plexus, Solar Services, Greater Yellowstone Coalition, Greenhouse roofs similar to the ones shown in this Inc., Solar Works, Inc., Spire Corporation, Network, GreenPeace, Gulf Restoration Net- chart, they would produce the equiva- The Stella Group, Ltd., Sun Power Electric, work, Heartland Operation to Protect the lent of a major 400- to 500-megawatt Sun Systems, Inc., SUN Utility Network, Environment, Hoosier Environmental Coun- Trans-Pacific Geothermal Corporation, cil, Illinois Audubon Society, Illinois PIRG powerplant every year. Veizades and Associates, Vermont Energy (Illinois Public Interest Research Group), Il- This amendment is the right thing to Investment Corporation, Wisconsin Energy linois Student Environmental Network, In- do. It is supported by the Consumers Conservation Corporation. stitute for Environmental Policy and Imple- Union, the Consumer Federation of LABOR ORGANIZATIONS mentation, Iowa Citizen Action Network, Iowa Environmental Council, Iowa PIRG America, along with hundreds of busi- AFSCME (District Council 47), SEIU #199, (Iowa Public Interest Research Group), Iowa nesses, associations, labor and con- Maine Labor Group on Health, Communica- Policy Project, Iowa SEED Coalition, Izaak sumer advocacy groups, environmental tions Workers of America. groups, faith-based organizations, Walton League of America, Izaak Walton ENVIRONMENTAL ORGANIZATIONS League, Ohio Division, Kyoto Now!, Land academies, and local communities. 20/20 Vision, A World Institute for a Sus- and Water Fund of the Rockies. I ask unanimous consent a list of ap- tainable Humanity, Abalone Alliance Safe League of Conservation Voters, League of proximately 450 groups and individuals Energy Clearinghouse, Action for a Clean Conservation Voters Education Fund,

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Leopold Group of the Iowa Chapter of the Si- FAITH-BASED ORGANIZATIONS sources, UC Berkeley, Margie Oleksiak, Re- erra Club, Louisiana Audubon Society, Coalition on the Environment and Jewish search Associate, University of Missouri— Maryland Public Interest Research Group, Life, Coalition on the Environment and Jew- Kansas City, Richard Ottinger, Dean Emer- Massachusetts Climate Action Network, ish Life of Southern California, Commission itus, Pace Law School, Dr. Thomas Michael MASSPIRG (MA Public Interest Research on Religion in Appalachia, DFW Disciples Power, Professor and Chair, Economics De- Group), Michael Fields Agricultural Insti- Peace Fellowship, Earth Ministries, Eco Jus- partment, University of Montana, Don tute, Mid-Nebraska Pride, Minnesota Center tice Ministries, Episcopal Diocese of Mis- Preister, Nebraska State Senator, Dr. Ron for Environmental Advocacy, Minnesota souri, Episcopal Power and Light, First Pres- Pulliam, Institute of Ecology, University of PIRG (MN Public Interest Research Group), byterian Church of Kirkwood, Interfaith Georgia, Dr. Richard Rich, Professor and Minnesotans for an Energy-Efficient Econ- Center for Peace and Justice, Interfaith Chair, Institute for Environmental and En- omy, The Minnesota Project, Missouri PIRG Global Climate Change Coalition of WV, Lu- ergy Studies, UVA, Dr. Gary Rischitelli, (Missouri Public Interest Research Group), theran Campus Ministry, Maine Interfaith Center for Research in Occupational and En- Missouri Coalition for the Environment, Climate Change Initiative, National Coali- vironmental Toxicology, Michael MTPIRG (Montana Public Interest Research tion of Jewish Women of Los Angeles, New Rosenzweig, Professor of Ecology & Evolu- Group), Montana Environmental Informa- Mexico Council of Churches, North Highland tionary Biology, University of Arizona, Ste- tion Center, MORE (Missouri Renewable En- Assembly of God, Inc., Pennsylvania Central phen Ruoss, M.D., Stanford University, Dr. ergy), National Audubon Society, National Conference United Church of Christ, Penn- Arnold Schecter, Professor, School of Public Environmental Coalition of Native Ameri- sylvania Council of Churches, Philadelphia Health at Dallas, Everett Shock, Professor of cans, National Environmental Trust, Na- Coalition on the Environment in Jewish Earth & Planetary Sciences, Washington tional Parks Conservation Association, Na- Life, Southern California Ecumenical Coun- University, Leonard Stitelman, Ph.D., Pro- tional Wildlife Federation, Native American cil, Temple Emanu-El, (Dallas, Texas), fessor, School of Public Administration, Uni- Rights Fund, Natural Resource Defense United Methodist General Board of Church versity of New Mexico, Larry Waldman, Council, NHPIRG (New Hampshire Public In- and Society, United Methodists—Iowa Con- Ph.D., Department of Economics, University terest Research Group). ference, Board of Church and Society, Yellow of New Mexico. New Jersey Environmental Lobby, Springs (OH) Unitarian Universalist Church. OTHER GROUPS NMPIRG (New Mexico Public Interest Re- ACADEMICS, DOCTORS, POLITICIANS & OTHER American Lands, Arizona Center for Law search Group), New Mexico Wilderness Asso- INDIVIDUALS in the Public Interest, Audubon’s Appleton- ciation, New Uses Council, NCPIRG (North Dr. Paul Arnold, Biology Dept., Young Whittle Research Ranch, Better World Carolina Public Interest Research Group), Harris College, Dr. J.R. Bak, University of Group, Bicycle Coalition of Maine, Center Northwest Energy Coalition, Northwest Washington, Dr. Douglas Bachtel, Institute for Energy & Environmental Policy (Univer- SEED—Sustainable Energy for Economic De- of Ecology, University of Georgia, Dr. Sarah sity of Delaware), Center for Rural Affairs, velopment, Nuclear Energy Information Badran, University of Southern California, Charleston Bicycle Advocacy Group, Child- Service, Nuclear Information Resource Serv- Dr. Ray Barber, Chair, Division of Science & hood Lead Action Project, Citizens for Mis- ices, The Ocean Conservancy, Ohio Environ- Mathematics, Abraham Baldwin Agricul- souri’s Children, Citizens for Pennsylvania’s mental Council, OHPIRG (Ohio Public Inter- tural College, Dr. David Bechler, Department Future, City of Creve Coeur (MO) Recycling est Research Group), Oregon Environmental of Biology, Valdosta State University, Dr. & Environment Committee, Coalition of Council, OSPIRG (Oregon State Public Inter- Linda Bell, Department of Women Studies, Citizens with Disabilities in Illinois, Coali- est Research Group), Pace Energy Project, Georgia State University, Dr. Dianne Ben- tion to Advance Sustainable Technology, PennPIRG (Pennsylvania Public Interest Re- jamin, Assistant Professor of Educational Collaborative Center for Justice, Inc., Com- search Group), Pennsylvania Environmental Psychology, University of Missouri—Kansas mon Cause, Concerned Citizens of Roane, Network, People’s Action for Clean Energy, City, Dr. Brad Bergstrom, Department of Bi- Calhoun, and Gilmer Counties, WV, Con- Prairie Rivers Network, Rainforest Action ology, Valdosta State University, Dr. Ross cerned Citizens of Jefferson County, GA, Network, Redwood Alliance, RENEW Wis- Bowers, Program Director Respiratory Ther- Democratic Party of Dallas, TX, Develop- consin, Renewable Northwest Project, Safe apy Program, Armstrong Atlantic State Uni- ment Center for Alternative Technologies, Energy Communication Council, St. Louis versity, Lon Burman, Texas Representative Downwinders at Risk. Audubon Society, Scenic America, Sierra (District 90), Dudley J. Burton Ph.D., P.E., Education for Sustainable Living, Emerald Club, Sierra Club Rhode Island Chapter. Professor, Baylor University, Linda Calvert, Resources Solutions, Environmental and Sierra Club Rocky Mountain Chapter, Sky Director—New Orleans Mayor’s Office of En- Human Health, Inc., Friends of Island Alliance, South Carolina Coastal Con- vironmental Affairs, Dr. Richard Coles, Pro- Merrymeeting Bay, Full Circle Environ- servation League, Southern Alliance for fessor of Ecology, Washington University, mental, Green Party of Lancaster County, Clean Energy, Southwest Energy Efficiency Antony Cooper, Assistant Professor of Biol- PA, Green Party of York County, PA, His- Project, Southwest Environmental Center, ogy, University of Missouri—Kansas City, panic Political Action Committee, Indian- Sustainable Energy and Economic Develop- Douglas Crawford, Associate Professor of Bi- American Political Forum of Connecticut, ment Coalition, Texas Campaign for the En- ology, University of Missouri—Kansas City, Institute for Agriculture and Trade Policy, vironment, Texas SEED Coalition, Toxics Dr. Ben Dennis, Professor of Economics, Uni- Intertribal Council on Utility Policy, Jobs Action Center, Tulane Free the Planet!, versity of the Pacific, Dr. Alexander Dent, with Justice, Dallas TX, Kansas Rural Cen- Union of Concerned Scientists, USPIRG Indiana University, Paul R. Epstein, M.D., ter, Keystone Action Network, Local Power, (U.S. Public Interest Research Group), Center for Health and the Global Environ- Louisiana Bucket Brigade, Loyola Univer- Utahns for an Energy Efficient Economy, ment, Harvard Medical School, Dr. Lyle sity Enviro Action, Maine Center for Eco- VPIRG (Vermont Public Interest Research Fagnan, Oregon Health and Science Univer- nomic Policy, McKeever Institute of Eco- Group), WAPIRG (Washington Public Inter- sity, Alan Fantel, University of Washington, nomic Policy Analysis, Minuteman Media. est Research Group), WISPIRG (Wisconsin Todd Forman, M.D., University of Southern Missouri Botanical Garden, MoveOn.org, Public Interest Research Group), Western California, Edward Gogol, Associate Pro- National Educational Resource Center, Inc., Nebraska Resources Council, Western Orga- fessor of Biology, University of Missouri— Nebraska Farmers Union, Ohio Family Farm nization of Resource Councils, West Virginia Kansas City, Dr. Gary Goldbaum, King Coun- Coalition, Oil and Gas Accountability Highlands Conservancy, West Virginia Riv- ty Hospital, Dr. Brenda Hull, Dept. of Biol- Project, Physicians for Social Responsi- ers Coalition, West Virginia Sierra Club, ogy, Young Harris College, Mark Jacobson, bility, Physicians for Social Responsibility, West Virginia Trout Unlimited, Wheeling Associate Professor, Stanford University De- Maine Chapter, Physicians for Social Re- (WV) Environmentalists, The Wilderness So- partment of Civil & Environmental Engi- sponsibility, Philadelphia, Physicians for So- ciety, Wildlife Action, Windustry Project, neering, Stephen J. Jay M.D., Indiana Uni- cial Responsibility of South Carolina, Wisconsin’s Environmental Decade, Women versity. Project Underground, Public Allies, Sautee- for Sustainable Technologies, Women’s Dr. Sandra Juul, University of Wash- Nacochee Community Association, Scenic Health & Environmental Network, World ington, Daniel M. Kammen, Director, Renew- Missouri, Living Resource Center, Sierra Wildlife Fund. able and Appropriate Energy Laboratory, Students at West Virginia University, Dennis H. Knight, Professor Emeritus, Uni- Southwest Research Information Center, CONSUMER ORGANIZATIONS versity of Wyoming, Randy Korotev, Pro- Springfield (IL) Urban League, State Univer- Citizens Action Coalition of Indiana, Citi- fessor of Earth & Planetary Sciences, Wash- sity of New York (SUNY), Students Against zens for Consumer Justice, Citizen Power, ington University, Dr. Margaret Lieb, Uni- Violating the Earth, Sunrise Sustainable Re- Citizens Protecting Ohio, Consumer Federa- versity of Southern California, Dr. Lee sources Group, Texas Black Bass Unlimited, tion of America, Consumers Union, Founda- March, Department of Political Science, Webster Groves Nature Study Society, West- tion for Taxpayer & Consumer Rights, Mas- Young Harris College, Dr. Diana Matesic, ern Colorado Congress. sachusetts Energy Consumers Alliance, Ohio School of Pharmaceutical Sciences, Mercer Mr. JEFFORDS. My standard is Partners for Affordable Energy, Pressure University, Dr. J.A.P. McCrary, Department Point, Southern Arizona Alliance for Eco- of Natural Resources, Albany State College, achievable. To date, 12 States have suc- nomic Justice, The Utility Reform Network, Dr. Kent Montgomery, Department of As- cessfully enacted renewable standards, Westchester People’s Action Coalition, West trology, Young Harris College, Richard B. several of which exceed the 20 percent Virginia Citizen Action Group. Norgaard, Professor of Energy and Re- by 2020 standard of my amendment.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1572 CONGRESSIONAL RECORD — SENATE March 6, 2002 States and utilities, recognizing the photovoltaics industry in the United lates to our energy supply. Veterans groups cost and environmental benefits of States. It was a proud moment, and it with a combined membership of nearly 5 mil- clean energy, are setting goals similar was a fun one to look back upon, espe- lion support the President’s energy bill. I am to mine for their use of renewable en- cially as to the shock on the chair- proud to be joined by the American Legion, the Veterans of Foreign Wars, AMVETS, and ergy. Governor Pataki of New York, for man’s face when I told him how many the Catholic War Veterans of the USA. example, recently ordered all agencies cosponsors we had. I respectfully urge you to pass the Presi- in the State of New York to produce 10 At that time also, we went on to dent’s energy bill, H.R. 4, and the provisions percent of their electricity from renew- form the Alliance to Save Energy, it contains. Further, I agree with the Presi- able energy sources by 2005 and 20 per- which included myself, and at that dent, who during the State of the Union ad- cent by 2010. time it was JEFF BINGAMAN and the dress, said ‘‘We must act, first and foremost, While good as far as it goes, Senator Senator from Illinois who were with us not as Republicans, not as Democrats, but as Americans.’’ He went on to say that we must DASCHLE’s amendment would result in on that issue, and that has proved to be continue at home and abroad with the same about half of the renewable energy gen- a very interesting and excellent benefit spirit of cooperation. I believe it is impera- eration that would be achieved under to our energy situation. Chuck Percy tive to our national security that we stand my amendment. Yet a 20-percent was the Senator’s name. together as Americans. Make no mistake, re- standard by 2020 is reasonable, achiev- I commend JEFF BINGAMAN, who is in sponsible exploration of ANWR is a matter of able, and will provide for the important the Chamber with me, for his work national security. capital investment, market security, over those years. Together we are still You have expressed concern with ANWR, and environmental benefits for which working as hard as we can to do what stating that an energy plan should not in- we should be aiming. we can about the energy situation. clude opening wilderness areas to oil drill- We have an obligation to act now to I yield the floor. ing. Senator, do you know that exploration The PRESIDING OFFICER. Under is already taking place in wildlife refuges in take the actions needed to secure 13 states, including Senator Blanche Lam- clean, domestically produced, reliable the previous order, the Senator from bert Lincoln’s state of Arkansas and in sources of energy. We must not lag be- Wisconsin is recognized for up to 10 North Dakota, Senator Kent Conrad’s state? hind the weak standards or no stand- minutes. It is important to note that in all of those ards at all. Mr. FEINGOLD. Thank you, Mr. wilderness areas, there has been no harm to I urge my colleagues to vote for me President. the wildlife caused by the exploration in any in favor of this amendment. (The remarks of Mr. FEINGOLD are of those states. Mr. President, how much time do I printed in today’s RECORD under It is crucial for the American public to have remaining? ‘‘Morning Business.’’) have the facts. And if the truth is told, the Mr. FEINGOLD. I suggest the ab- American public will learn that the native The PRESIDING OFFICER. The Sen- peoples of Alaska who actually live in the af- 1 ator has approximately 7 ⁄2 minutes. sence of a quorum. fected area are 100% supportive of explo- Mr. JEFFORDS. Let me share my The PRESIDING OFFICER. The ration of ANWR—and—do not believe it will long-term interest in this matter. I clerk will call the roll. be any threat to the environment. Why is it came into the Congress in 1975. In that The assistant legislative clerk pro- that we are not willing to let the people who year, this Nation was in terrible shape. ceeded to call the roll. live there decide their future and the future The oil from the Mideast had been Mr. THOMAS. Mr. President, I ask of their lands? interdicted. We had long lines of cars, unanimous consent the order for the The native peoples of Alaska who have op- quorum call be rescinded. posed ANWR do not live in the affected area and everybody was in dire straits. A and have leased their own lands for oil explo- number of us at that time formed a co- The PRESIDING OFFICER. Without objection, it is so ordered. ration. I do not know if this has ever been re- alition to do something about energy. ported. I believe the American public has the The reason I bring it up is that much of Mr. THOMAS. Mr. President, I am right to know. what we are talking about today is delighted that we are into the energy Please pass the President’s energy bill and much of what was proposed. package. We have been talking now for help us rebuild America! First, Norm Mineta, then in the some time, of course, about an energy With the support of our members, House with John Blanchard of Michi- policy in this country. The President J. ELDON YATES, gan and me, introduced the wind en- has talked about it for a very long Chairman and Founder. ergy bill. It passed. We drew lots as to time. He has put forth, with the help of VETERANS OF FOREIGN WARS how it would be named. It turned out the Vice President, an energy policy. So I am pleased that we are into that, OF THE UNITED STATES, to be Blanchard’s bill. That was a October 29, 2001. and I hope we continue to work on it major move forward in wind energy. Hon. TOM DASCHLE, Photovoltaics was another great in- until we are able to successfully put to- Majority Leader, U.S. Senate, terest of mine. I have a fond memory of gether a bill that will meet our collec- Washington, DC. the coalition we put together at that tive notions. DEAR SENATOR DASCHLE: The 2.7 million time. We had over 80 members of the I ask unanimous consent several let- members of the Veterans of Foreign Wars of energy coalition, the solar coalition as ters I received this morning be printed the United States and its Ladies Auxiliary supports H.R. 4, the ‘‘Securing America’s Fu- it was called. So I went on to the House in the RECORD. This one comes from the Vietnam Veterans Institute. These ture Energy Act of 2001’’ or SAFE Act of floor to offer an amendment. The 2001. We applaud the House of Representa- are all directed to Senator DASCHLE in amendment would have taken a large tives for its bipartisan work in addressing step forward in solar energy. support of the energy program. our energy vulnerability by passing H.R. 4. The chairman of the subcommittee This one is from the Veterans of For- We believe the Senate should consider and came to me and said: Son, you do not eign Wars of the United States, also vote on H.R. 4 so that our nation has an en- offer amendments to appropriations voicing their support for energy policy. ergy plan for the future and can move for- bills unless you check with me first. He This one comes from the AMVETS, ward quickly with a comprehensive plan to develop our domestic energy resources. said: Come in and I will see if I can get this one from the Catholic War Vet- erans, and this one from the American Keeping in mind the horrific events of Sep- you a couple of million dollars for this tember 11 and mindful of the threats we are project. Legion. There being no objection, the letters facing, we strongly believe that the develop- I said: I am sorry, but I cannot do ment of America’s domestic energy re- that. were ordered to be printed in the sources is a vital national security priority. He said: Why can’t you? RECORD, as follows: We need to take steps to reverse our growing I said: Because I have 80 cosponsors. VIETNAM VETERANS INSTITUTE, dependence on Middle East oil as quickly as He said: You have 80 cosponsors? March 5, 2002. possible. By passing H.R. 4, the Senate will Yes. Hon. TOM DASCHLE, be supporting our troops serving in combat Well, I guess we are going to have to Majority Leader, U.S. Senate, on Operation Enduring Freedom, the Amer- The Capitol, Washington, DC. ican people, and our national security with a battle it out. DEAR SENATOR DASCHLE: As the Chairman comprehensive energy legislation that is des- And we did. It passed, although they and Founder of the Vietnam Veterans Insti- perately needed to diversify the energy for cut part of it off for other solar energy. tute, I write today out of a sense of urgency our country and chart a course for the fu- So that was the beginning of the concerning our national security as it re- ture.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1573 The VFW strongly urges the Senate to con- mands continue unabated. It is important conservation and renewables, but it sider and vote on H.R. 4 as passed in the that we develop additional reliable sources does not take into account what our House in this session of Congress. of domestic oil. needs are going to be in the next num- Sincerely, The American Legion understands the sac- ber of years. If nothing else, we have to rifices being made by the men and women in ROBERT E. WALLACE, look at a balanced energy policy that Executive Director. uniform. The members of America’s all-volunteer force have been tasked with the de- recognizes that we have to modernize AMERICAN VETERANS, manding mission of combating terrorism and increase conservation, we have to Lanham, MD, March 6, 2002. worldwide and strengthening our homeland modernize and expand our infrastruc- Hon. TOM DASCHLE, security. In addition to active-duty forces, ture, we have to have diversity in our Majority Leader, U.S. Senate, seventy-six thousand National Guard and supplies, and we have to improve envi- Washington, DC. Reserve members have put their lives on ronmental protection—among other DEAR SENATOR DASCHLE: AMVETS urges hold and left their families, following the things. your favorable consideration of H.R. 4, the terrorists’ acts of September 11. Now, it is We have spent a good deal of time on Securing America’s Future Energy Act of the duty of a grateful nation to ensure these transportation of electric energy. It is 2001. brave men and women have the resources also true of gas and oil, but you can As you know, our current reliance on for- that they need to successfully carry out that eign oil leaves the United States vulnerable mission. generate all the electricity of the to the whim of individual oil-exporting coun- The development of America’s domestic world right here, and if you don’t have tries, many existing in the unpredictable and energy resources is vital to national secu- a way to get it to the market, then you highly dangerous Persian Gulf. And it can- rity. The American Legion respectfully urges have not accomplished your goals. We not be overstated that energy supplies touch you to support the provisions contained in need to do something dramatic in this nearly every aspect of our lives from our the House-passed version of the ‘‘Securing whole area of transportation of elec- economy to our national security. America’s Future Energy Act of 2001.’’ tricity. We need to build a network. We H.R. 4, as approved by the House, is a crit- I thank you for considering our view on have an interstate grid that moves ical part of an overall policy America re- this critical national security issue. quires to promote dependable, affordable, Sincerely, wholesale power, and hopefully we and environmentally sound production and RICHARD J. SANTOS, would have regional transportation or- distribution of energy for the future. We can- National Commander. ganizations, RTOs, along there to take not wait for the next crisis before we act. Mr. THOMAS. Mr. President, we had it into areas—run by the States. These Thank you for your service in the United are things that are pretty much ac- States Senate and please remember that this a meeting this morning with the veterans. Over the last several months we cepted as being necessary ingredients issue is vital to our nation’s security and the as we move forward with an energy brave men and women who serve in the have had a number of press conferences and meetings with all kinds of different bill. Armed Forces. One of the things that is trouble- Sincerely, interests in this country that support some—I happen to be on the Energy RICHARD A. JONES, us doing something, in a balanced way, Committee—is the process that has National Legislative Director. about energy policy. We have heard brought us here. The committee did from agriculture, the Farm Bureau, the CATHOLIC WAR VETERANS OF THE not have an opportunity to deal with Farmers’ Union. Of course, the labor UNITED STATES OF AMERICA, these difficult and detailed questions. March 5, 2002. unions have been very much in support That should be done at least initially Hon. TOM DASCHLE, of what is there so we can get on with in committees. We did not do that. The Majority Leader, U.S. Senate, energy production. We have had small majority leader determined to take the The Capitol, Washington, DC. businesses. We have had Native Alas- bill out of the committee and bring it DEAR SENATOR DASCHLE: We write today on kans here and the veterans associa- behalf of our membership to encourage you here to do this. It has been changed tions. several times since we have been on the to pass the President’s energy bill, H.R. 4. I have been impressed with the We support this bill because we believe our floor. That makes it difficult to deal national security demands that America be breadth of support for an energy pol- with the details of an energy bill. less dependent on foreign oil producers. icy. I think it indicates in some ways Every amendment that comes up The September 11th attacks on democracy the depth of involvement, how this here is going to have to be dealt with have expedited the need for increased oil touches everyone in this country, hav- in such detail, you would think, my self-sufficiency. Reliance on other countries, ing an affordable, adequate energy sup- gosh, that is the kind of thing that especially during these times of war and ply, and doing it in a balanced way. It ought to be done in committee. But international terrorism, threatens our na- touches everyone’s life. tional security and economic well-being. given the situation, the fact that the The Catholic War Veterans of the USA re- Unfortunately, in terms of moving on majority leader chose to do it that spectfully urge you to support the provisions something, when last year we were way—I happen to think it is a flawed contained in the House passed version of the having all the problems in California, process—nevertheless we are here. We ‘‘Securing America’s Future Energy Act of of course, the shortage of electricity have had no hearings, no markups, so 2001.’’ The legislation is a major step toward and the high prices, and gasoline prices we are going to be trying to do some of achieving energy independence and ensuring were very high, there was great inter- our national security. those things. est in it. Now gasoline prices are down. We will be dealing right now with an Sincerely, The California crisis is over. But I hope JOSEPH SATRIANO, amendment having to do with a $20 bil- National First Vice Commander. we do not lose our intensity, knowing lion pipeline from Alaska which never that is not going to last unless we have had a hearing, never had an oppor- THE AMERICAN LEGION, a policy that leads us in the direction, tunity to find out the facts. That is not Washington, DC, March 5, 2002. in the future, of having an adequate do- a good way to legislate. Hon. TOM DASCHLE, mestic supply so we are not 60-percent We will be pushing forward on those Majority Leader, U.S. Senate, dependent on foreign imports. issues. I am hopeful that we can move The Capitol, Washington, DC. Beginning to move towards more di- forward. I am hopeful we will have an DEAR SENATOR DASCHLE: On behalf of the versity in energy certainly ought to be 2.8 million members of the American Legion, opportunity to deal with some of the I urge you to support a comprehensive en- part of our plan. We ought to do that. difficult issues such as CAFE stand- ergy policy that will improve the nation’s In a balanced bill, we will have re- ards. I don’t think anybody would energy independence and strengthen na- search money to be able to look for argue with the idea that we would like tional security. new sources of energy, to have clean to have vehicles that do what we need War and international terrorism have coal research so we can use those re- to do with better mileage. But we can- brought into sharp focus the heavy reliance sources more thoroughly, and we not be unrealistic, moving it over in of the United States on imported oil. During should have renewables. All of us are just several years, given the costs asso- times of crisis, such reliance threatens the nation’s security and economic well being. interested in that. ciated with that —particularly to those The import of more than 55 percent of the At the same time, we have to do who live in the West. nation’s petroleum from foreign countries something about production. I guess Live where I live and look on the further compounds our foreign trade balance. that is my main criticism of the bill road and you seldom see anything ex- This is a time when the country’s energy de- before us, that it leans so much toward cept a pickup and an SUV. I realized

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1574 CONGRESSIONAL RECORD — SENATE March 6, 2002 part of the reason for that when I was ticularly. I have seen the work they had a little bit of experience and back- there. I would never have gotten out of are doing there now, which, by the ground in the electric business through my driveway without a four-wheel way, is very impressive. I have a little the rural electrics, I really think that drive. idea of what the wildlife refuge looks is the way it ought to be. The needs This is realism. This is the way it is. like. you have in Pennsylvania and the We can make some changes, but we Sometimes we hear in this Chamber needs you have in Wyoming are some- can’t substitute those future move- it would be a brandnew idea to have times not the same. So we need to have ments for where we need to be now. production on a wildlife refuge. It is some flexibility to do that. I am hope- With regard to the security of this not a new idea. It is done on a number ful we will. country, military security, terrorism— of wildlife refuges now. The proposition This bill, as presented to us now, is these things require that we have an is to have a very small footprint to be really heavy on FERC. It gives FERC adequate supply of energy. Much of it able to have a rather large impact. all the decisionmaking authority in al- comes from the Middle East. Because That is the kind of coming together most every aspect of electricity. Many we are having the problems we are hav- there has been that makes that a possi- of us do not believe that is the way we ing over there—and foreseeably we will bility, that makes it a necessity, as a ought to proceed. Many of us believe be having them for some time—we have matter of fact, to do something there. we can fix that. There needs to be some to do more. We need to move forward with coal. overall jurisdiction, of course, with I live in a part of the country where We need to move forward with nuclear. FERC, which is the Federal Energy we are one of the large energy pro- We can do that. We can get more clean Regulatory Commission, but there are ducers in this Nation. We are the high- coal technology. That is our greatest also opportunities for the North Amer- est producer of coal. We have large re- reserve of energy for the future. ican Reliability Council, for Governors, serves of gas, methane gas, and oil. But Everyone in this country is affected and others. much of it is very difficult. We need to by electricity, its availability and As a matter of fact, the Western Gov- have access to public lands, among price. So this isn’t just theoretical; ernors have put forth very detailed other things. We need to be able to uti- this is something that really impacts ideas of what they would like to do. I lize those resources in an environ- everyone very directly. happen to agree generally with what mentally sound way. We have done One of the issues we have to under- they are doing. that and can do that. stand as thoroughly as we can is tech- So I hope we can deal with this lan- So I think the idea that somehow we nology breakthrough. We need incen- guage and deal with how we can best can substitute production with some tives for that, but they do not happen establish a reliable distribution and kind of renewables or some kind of sci- overnight. You cannot just regulate generation system. entific process that we do not even that they are going to do that. They Things have changed. It was not have before us is a little bit of dream- don’t just happen. That is not the way many years ago when you had an elec- land, I am afraid. it is. Furthermore, it takes away the tric system, you had the service area, I am hopeful we can move forward choices we have, where we ought to be and whoever had that service area gen- and be realistic in what we do. We able to do some things by incentive erated the electricity they needed. So ought to have an opportunity, cer- which I think are very possible. I am it was sort of self-confined. tainly, to be able to deal with these hopeful we can move forward through Now we find ourselves more or less issues in a way in which everyone gets our differences and have legislation deregulated in the generation aspect of an opportunity to have amendments that will work. it. You have many private market gen- and to get something together that One of the areas that some of us have erators that are dealing in it by selling will be generally acceptable to all of been working on, and I suspect will to the distributors. So you have to us. continue to work on for some time, is move it. That is some competition As I said, I come from a State that is the electric component. Again, there there. I think it can work. rich in resources. We have very high have been debates and discussions We have to recognize times have coal and oil and gas reserves. We also about this. The House bill currently changed and we have to do the same have an adequate supply—sometimes does not have an electric title. But thing. overadequate supply—of wind. We can there are a number of issues, certainly, I think we have some unrealistic de- convert some of that into electricity, that most people would agree need to mands for renewables in this bill. We of course. We should, indeed, do it. be reviewed and that we need to do ought to be moving on renewables, but We need a realistic policy that en- some things in the electric area. We the idea to put in the bill that it is courages fuel diversity, that utilizes all have an opportunity to deal with some going to be this percentage or this of our domestic resources in a very of those issues. many tons or this many kilowatt hours broad way, that takes economic and One of them is reliability. We have by renewables I don’t think is a real- environmental factors into account. In talked about reliability for a very long istic way to do that. We ought to offer relation to economic factors, we need time. We talked about it in great detail incentives, that type of thing. But to to be realistic about what we are going during the time we were having dif- put those numbers in there, and say to do. We need to provide a cleaner and ficulty in California. We really have this is the way it is going to be, I think more secure energy future. We need an not done a great deal about that, but is unrealistic. overall energy strategy that increases we have an opportunity to do so. We have a number of areas in which conservation and energy efficiency and We are going to have to make some we could modify what FERC’s authori- boosts supply and promotes alternative choices about the way we handle these ties are going to be in terms of some energy. I think we can do that. matters. Quite frankly, we have been things that could better be done on the Some of what I hear in this Chamber, through this for some time. We have State level. There are a number of however, would indicate that we do not been through it in terms of reregula- things in the bill that preempt States’ need to worry about increasing our gas tion and deregulation. rights. I think most of us, or many of and oil supply because we are going to I thought we had come to the conclu- us at least, are not of the mind that take care of it with renewables or with sion that those things that are clearly that is the way we ought to do that. raising the standards in mileage. Fine, interstate could fairly well be defined The Daschle bill basically gives but you are not going to do that imme- and those things that clearly belong on FERC exclusive authority over reli- diately. There is no way. I hope we are the national level with FERC could ability. It has a renewable portfolio realistic enough to deal with it. fairly well be defined, that those things mandate, billions of dollars in con- One of the areas, of course, that is that have to do with retail and dis- sumer cost. It has FERC authority over going to be very controversial is tribution and the unbundled distribu- State matters. It does not need to be ANWR. We will all have to deal with tion of electricity to homes and busi- that way. that and see if we can’t determine what nesses within the State would be done So I think we are in the process of the real impact is. I have been to by the State. Certainly, that is the way developing a number of amendments Prudhoe Bay and out in that area par- I believe it ought to be done. Having which we hope to file and offer as we go

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1575 forward, particularly in this area. I am NATIONAL LABORATORIES PART- I saw Senator BINGAMAN on the floor. sure there will be many amendments in NERSHIP IMPROVEMENT ACT OF I congratulate him and Senator other areas as well which is proper, 2001—Continued DASCHLE for their superb leadership, particularly since we didn’t have com- Mr. REID. Mr. President, Senator along with that of the occupant of the mittee involvement. We are really LIEBERMAN is here to give an opening chair, in developing the energy legisla- doing committee work now on the statement on the bill. Following his tion that we are debating. floor, and that will take some time and statement, we understand that Senator The bill before us out of the Energy effort, but it is necessary in order for NICKLES will be here to give a state- Committee coordinates the work of us to come out of here with a bill that ment. We are working our way through many of the committees of the Senate, can be accepted by the Senate, can go the statements. This is such an impor- including the Senate Governmental Af- to a conference committee, can come tant bill. There are a number of Sen- fairs Committee which I am privileged out and be accepted by the President. ators who have strong feelings about to chair, which has contributed a sec- We have a real challenge before us. I it, and they wish to lay out their view tion of this bill. Senator BINGAMAN and look forward to it and hope we can of what the energy policy in this coun- Senator DASCHLE have brought before stick with this issue until it is finished try should be. us a very well-balanced national en- and not come back to campaign finance While it may appear that we are not ergy policy, which does have some in- or something in the middle. We ought making a lot of headway, I personally centives for the development of re- to stay with it and keep working, keep think we are making great progress. maining energy resources in the United as open as we can to other people’s There is an amendment now pending. States, but makes a turn and acknowl- ideas, recognizing that it is going to Senator MURKOWSKI is contemplating a edges and acts on the acknowledgment take a long time. But the way it has second-degree amendment to the un- that our energy future is in new tech- been brought to us, it has to take a derlying Daschle amendment. If, in nologies being applied to create new long time. fact, he does offer it, and it is about sources of energy-efficient, environ- The PRESIDING OFFICER (Mrs. what I have learned, I think we will ac- mentally protected sources of energy. Of course, that will include renewables CARNAHAN). The Senator from New cept that and have a vote on the Mexico. amendment—not because we are con- as well. Mr. President, this great country be- Mr. BINGAMAN. Madam President, cerned about where the votes are, as the measure will receive virtually came an industrial power for many rea- my understanding of the status of busi- sons, including, of course, the skills ness is that we are still considering the every vote but we want the first amendment to come out recognizing and ingenuity of our people. But the amendment Senator DASCHLE offered availability of inexpensive and abun- earlier, of which I am a cosponsor, the importance of Alaska and the southern pipeline and know that when dant sources of energy also contributed along with Senators REID and MUR- it goes to conference, we hope there is to the remarkable growth and success KOWSKI and others. That amendment is close to unanimous support of the Sen- of the American economy during the still pending and is being considered industrial age. for possible second-degree amendment. ate on this measure. Senator MURKOWSKI has indicated he Prior to the mechanization of our so- The PRESIDING OFFICER. The Sen- is ready with an amendment. We will ciety, we relied on wood, water, and ator is correct. be ready to work on that. We hope to horses for much of our energy need. Mr. BINGAMAN. I have also been in- complete all of the statements today ‘‘King Coal’’ powered the early part of formed by the floor manager for the and have a vote on the underlying our industrial development and still majority it is his intention that the Daschle amendment. If Senator MUR- plays a critical role. Hopefully, it will Senate will go into recess at 1:30 to KOWSKI wants a vote on the second de- continue, with the application of new allow Senators to attend a briefing gree, we would be happy to do that also technologies, to play a critical role in Secretary of Defense Rumsfeld is going and move to whatever Senator MUR- generating electricity for our homes, to conduct for Senators from 1:30 to KOWSKI wants to offer. schools, offices, and our factories. 2:30. Then we would be back at the I ask unanimous consent that fol- From the time oil was discovered in same place we are now. That is for the lowing the statement of the Senator Pennsylvania in 1859, the petroleum in- information of Senators. from Connecticut, Senator NICKLES be dustry has grown enormously—at first, I suggest the absence of a quorum. recognized to offer an opening state- displacing whale oil for lighting and, The PRESIDING OFFICER. The ment regarding this bill. eventually, powering the world’s trans- clerk will call the roll. The PRESIDING OFFICER. Without portation systems. Enormous deposits of oil spurred development of oil fields The legislative clerk proceeded to objection, it is so ordered. The Senator from Connecticut is rec- in many parts of our country, includ- call the roll. ognized. ing Texas, Oklahoma, and California. Mr. REID. Madam President, I ask Mr. LIEBERMAN. Mr. President, the The 1930s witnessed the enormous ex- unanimous consent that the order for Senate has begun a very important de- pansion of hydropower in various parts the quorum call be rescinded. bate in the last few days on our na- of our country, including, of course, The PRESIDING OFFICER. Without tional energy policy. This is a debate the Tennessee Valley and the north- objection, it is so ordered. that will literally affect the lives and west section of America. In the middle the quality of the lives of every single part of the 20th century, we began to f American, as well as affect our na- harness the atom and develop nuclear tional security, our independence in power, which was going to be, in the RECESS carrying out our foreign and defense view of many at that time, ‘‘too cheap policies, and the quality of the environ- to meter.’’ In other words, it would be Mr. REID. Madam President, Sec- ment and the natural resources from so inexpensive you would not even be retary Rumsfeld will be here in less which we derive such pleasure as Amer- able to keep track of it to base costing than 15 minutes. We believe all Sen- icans. So this is a very important and on. ators should have the opportunity to timely debate. Nuclear power continues to be a sig- attend that briefing. I checked with It has been 10 years since we last nificant part of our energy mix. In a both leaders. They agree. Therefore, I passed major energy legislation. We State like mine, it is most significant. ask unanimous consent the Senate are starting with a bill hundreds of We have two plants up and operating stand in recess until 2:30 today. pages long, and hundreds—or at least that have been decommissioned. I hope There being no objection, the Senate, 100—amendments may find their way we can find a way forward to build a at 1:16 p.m., recessed until 2:30 p.m. and onto it. We are going to be debating next generation of safe nuclear power- reassembled when called to order by some very big opportunities and some plants. the Presiding Officer (Mr. CARPER.) very big problems, as well as many The oil price shocks of the 1970s The PRESIDING OFFICER. The Sen- other smaller issues associated with brought home to us our dependence on ator from Nevada is recognized. the bill. foreign markets for oil, on which so

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1576 CONGRESSIONAL RECORD — SENATE March 6, 2002 much of our country and its economy with this energy legislation. Energy Alaska. If we opened up, God forbid, have become dependent. With those policy and environmental policy are, if the Arctic Refuge to oil exploration, shocks came an understanding of the you allow me to put it this way, like a there would be, as we have said over ability of foreign countries to seriously gas pedal and a brake pedal. They only and over, a blip of oil to meet the enor- disrupt our economy and our lives make sense when they are used to- mous need we would have. It just does through higher prices, bringing higher gether and used sensibly. not do it for us. inflation, and unemployment. We As we consider energy legislation, we We should say no to oil development began to think and do more about re- have a clear choice between developing in the Arctic Refuge. We should protect versing this trend by pursuing energy an innovative and independent new en- a most unusual, unique, magnificent, efficiency and developing alternative ergy policy or continuing the same pol- inspiring piece of America, piece of sources of energy, including renewable icy—a policy that will continue our en- God’s creation, which is the Arctic Na- energy. ergy dependence, deprive us of national tional Wildlife Refuge. We have to go Yet we have remained largely de- independence and compromise the in a new direction. We need to spur ag- pendent on—some would say addicted health of our people and the openness gressive development of both new and to—fossil fuels, which has exacerbated and condition of our environment. proven energy sources and tech- our dependence. We have also found out We all know that America needs a lot nologies, which would include natural along the way that our energy has a of energy. It takes energy to move our gas, the subject of the amendment be- cost beyond that of discovering, pro- cars and trucks, to cool our refrig- fore the Senate now. ducing, and transporting product to erators, and power the terrific techno- We should encourage hybrid vehicles. market. It has health and environ- logical tools that drive our innovative Some of those are out and selling very mental costs. The smokestacks of our economy. The challenge is—and it is a well. There are waiting lists of people powerplants, factories, and the tail- challenge—how do we get that energy who want to buy them and cannot get pipes of our cars and trucks spew out in a way that does not do the kind of them rapidly enough. millions of tons of pollutants in great damage I have just described? We must pave the way for renew- quantity, including sulfur dioxide, ni- The biggest challenge is in transpor- ables, fuel cells, and other barely imag- trogen oxides, hydrocarbons, mercury, tation. Cars and trucks are responsible ined technologies. I am convinced we and carbon dioxide. Our citizens —espe-for two-thirds of all petroleum use in have the brain power and the economic cially our youngest and our oldest—are the United States. That overreliance power to develop them if we put our subject to a variety of diseases associ- not only harms public health and the mind and will to it. Of course, we ated with their lungs, particularly, in- environment, but also hastens global should develop our remaining oil de- cluding fine particles and ozone. warming. The overreliance forces us on posits that can be developed without There is quite a remarkable article a course of foreign policy dependence hurting the environment, and there are in the press today about a study that because it entangles us in unstable re- some remarkable new technologies has been completed—I believe it ap- gions and forces us to deal in a much that will help us do that. peared in the Journal of the American less demanding way than we otherwise Fuel cells are a particularly prom- Medical Association—which draws a would with regimes that do not reflect ising technology, and I hope we in Gov- powerful and unsettling link between our values, human rights, religious tol- ernment will work with industry and certain pollutants and higher degrees erance, openness, and democracy. others to develop a credible business of disease and, in fact, projected num- Some people think we can drill our plan, that is what I would call it, for bers of premature deaths. That is, peo- way out of this imbalance, but we have fuel cell technology development, a ple would have lived longer had they to do the math, and the math is power- business plan that would have clear not been inhaling the emissions from ful. We have 3 percent of the oil re- goals and timetables by which we power plants and some of the rest of serves left within our control, yet we would develop and deploy fuel cells. our society. Our lakes and streams have suffered consume 25 percent of the world’s oil. I support the progressive tax incen- under the assault of acid rain. Our bays Two-thirds of the world’s oil lies in tives for alternative fuels and clean are being choked by nitrogen loadings countries in the Persian Gulf, even and renewable energy that are part of that come from cars and powerplants. though we have developed other the package that came out of the Fi- People throughout the country cannot sources of energy and oil from Latin nance Committee. I thank and com- eat fish out of lakes nearby because of America, from Africa, and increasingly mend Chairman BAUCUS and Senator mercury contamination. The great vis- from central Asia. GRASSLEY on crafting a responsible and tas of our national parks are despoiled We cannot just drill our way out of forward-looking set of incentives to by haze created by motor vehicles, the problem. The more oil we use, the transform our energy mix and make us powerplants, and the fossil fuels they more dependent we will be on oil that more independent and efficient. are burning creating emissions. other countries have and own. That is The bill before us does open doors to We are heating up the planet through one of the lessons we have to learn innovation. It sets up a new framework greenhouse gases. We face potentially from world events and consider as we for the kinds of innovative energy pol- catastrophic consequences over time go forward on this energy legislation. icy we need. That really should be the associated with sea level rise and in- America’s strength is not in our oil commitment of our generation, a sin- creased threats from airborne diseases reserves. That is the painful fact. gle-minded, all-out drive to protect our that migrate north toward our country America’s strength is in our reserves of security by developing a new frame- or within our country as we heat up innovation and technical know-how. work for energy use in our country. the planet’s atmosphere as a result of An energy strategy that is good for We have to start with energy effi- the use of fossil fuels. America will exploit those reserves of ciency standards. Over the last 20 We cannot continue to use the at- innovation and technical know-how to years, we have made magnificent effi- mosphere as a dumping ground for produce smart energy-saving tech- ciency gains which lay a firm founda- waste coming out of smokestacks and nology and cleaner modern fuels. tion for future progress. Increasing the tailpipes on a business-as-usual basis. Unfortunately, many would have us fuel efficiency of cars and trucks by It is our responsibility as stewards of extend our dependence on oil, and be- just 3 miles per gallon, well within our the Earth that we are blessed to in- cause other countries overwhelmingly reach technologically, would save 6 bil- habit as temporary residents, trustees control the oil reserves, that means ex- lion gallons of gasoline per year. As I for the generations and generations tending our dependence on foreign oil. understand it, by the best estimates, that will follow us over the centuries They have even, in addition, proposed that is about two times the oil that ahead, to establish a framework, a sys- the despoiling of some of our most pre- would come out of the Arctic Refuge if tem for meeting our energy needs with- cious places in the process. And for we drilled. out harming public health or destroy- what? We will obviously will have a de- That 3-miles-per-gallon increase in ing the environment in the process. bate, as we have had before, on the fuel efficiency would also save Ameri- We must consider both of those im- question of whether to drill in that re- cans $9 billion a year in annual spend- portant policy factors as we go forward maining 5 percent of the North Slope of ing. Imagine that, $9 billion in savings.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1577 The increase would also reduce carbon by ensuring they can make a physical house gases in our atmosphere to safe emissions by 15 million tons a year, connection to the grid and by enacting levels. Now that is an objective on that much less contributing to the pol- tax credits that will ensure the market which I hope we can all agree. In fact, lution of our air and the warming of is open and welcoming to them; in the Senate has already agreed on that our planet. other words, to give consumers and goal because it is the stated objective We can clearly do, in my opinion, businesses a tax credit for use of some of the 1992 Rio Treaty on Climate better than 3 miles per gallon. That ob- of the renewable and alternative en- Change, which this body ratified. viously will be the topic of debate that ergy systems coming on board, includ- Finally, I again compliment the com- will occur on the amendment on this ing fuel cells. prehensive nature of the Byrd-Stevens bill regarding so-called CAFE stand- We should also require electricity provision. In crafting a climate change ards. We were all shocked in the 1970s generators, I believe, to account for a strategy, the White House office would by the steep increase in the price of oil portion of their output through renew- be instructed to consider four key ele- as a result of the Arab oil embargo in able energy sources, and I support the ments: Emissions mitigation, tech- 1973 and 1974 and the Iranian revolution inclusion of a renewable portfolio nology development, adaptation needs, in 1979. Gas prices were approaching a standard in this bill. and further scientific research. Very dollar a gallon, and we thought the I understand many existing indus- often in our debate on this issue all price would only continue to rise. tries are resistant to change because four of these topics do not make it into We made some real efficiency gains change involves risk. Fortunately, the discussion, but they must. in our economy and in our transpor- many companies are ready to accept To quote Senator BYRD, his bill is tation fleet, but the price of oil col- some risk because they know there is meant to complement, not replace, lapsed in 1986. Despite a few price reward in that, that nothing ulti- other mitigation measures by creating spikes along the way, gasoline is now mately ever stays the same. Many a process by which we receive expert not that much over a dollar a gallon, businesses have developed new tech- evaluation of the challenge we face. I making it cheaper, certainly when ad- nologies and are willing to do so even hope this legislation will be the tree off justed for inflation, than it was in 1980. more if given a clear, lasting signal which other critical climate change New sales of vehicles are increasingly from our Government as to what we measures will branch. characterized by sport utility vehicles are going to ask and in which direction This is a challenge of great import to and light trucks—great vehicles, but we are going. If Government leads by us and to all who will follow us on the our overall fuel efficiency has therefore establishing clear goals, objectives, planet. As Senator STEVENS starkly re- and thereby declined. and incentives, as this bill does, minded our Governmental Affairs Com- We are caught in a policy bind. We progress will follow. Government can mittee at a hearing last year, we can have less expensive fuel, providing lit- act as an innovation spur, not an inno- already see some deeply unsettling tle incentive to conserve, and industry vation barrier. signs of climate change in the Arctic. remains opposed to increased fuel effi- I know there are some who will argue Permafrost is melting, glaciers are dis- ciency standards. So gas prices remain the energy bill is not the place to ad- appearing, boreal forests are moving low, our fuel efficiency averages are de- dress climate change. I disagree. I see north, and the migrating habits of clining, and therefore we continue to climate change as probably the biggest many species are being disrupted. increase our reliance on imports of oil. long-term environmental challenge The provision these two leading Sen- I hope this legislation before us will that we as Americans and everyone ators, Messrs. BYRD and STEVENS, authored is an important first step in ex- provide the opportunity to break that else on the planet face. Some would amining and reacting to the climate gridlock and that we will support in- argue climate change is separate from change crisis. To me, it is one every creased fuel efficiency standards for energy, but I respectfully disagree; Member of the Senate ought to be able our vehicles. they are inextricably linked. The over- to support, and I hope because it is I believe people who oppose the in- whelming majority of greenhouse emis- part of this legislation before us that creases in fuel efficiency may well un- sions come from producing and con- derestimate the resourcefulness and in- all will. suming energy, whether in our power- I am thankful for the opportunity to genuity of our researchers and/or in- plants, our factories, or our cars and make this opening statement. I repeat dustry. For example, the Massachu- trucks. what I said at the beginning: This is a setts Institute of Technology is devel- I particularly salute the pioneering bill whose importance to every single oping a most promising new tech- bipartisan work done by Senators BYRD American and to our country in gen- nology for economically reducing gaso- and STEVENS to promote research and eral cannot be overstated. I look for- line engine vehicle emissions and fuel development on climate change, to reward to the debate. I hope we can find consumption. It could reduce smog-pro- quire an office in the White House common ground to achieve what I be- ducing nitrogen oxide emissions from which will have the responsibility of lieve is our commonly held goal, which gas engines by 90 percent, and it has developing and overseeing the imple- is to make America more energy inde- the potential to increase engine effi- mentation of hopefully a national cli- pendent than it is today. ciency by 25 percent and reduce carbon mate change policy. I yield the floor. dioxide emissions by 20 percent. I am proud to say the Governmental The PRESIDING OFFICER (Mr. We should take advantage of the Affairs Committee unanimously passed CORZINE). Under the previous order, the many advances that have been made the Byrd-Stevens legislation and it has assistant Republican leader is recog- under the aegis of the Partnership For become part of the energy bill we are nized. a New Generation of Vehicles, a pri- debating. The provision does not create Mr. NICKLES. Mr. President, thank vate-public partnership between the any mandatory programs to address you very much. Federal Government and the auto- climate change—that debate has been I wish to make a few remarks regard- mobile industry to improve the fuel ef- reserved for another day—but it puts a ing the energy bill. Let me first com- ficiency of our vehicles. The advances strategic planning and research and de- pliment my colleague and the former we have made in these hybrid tech- velopment foundation in place so we chairman of the committee, Senator nologies that have already come out of can understand the nature of our prob- MURKOWSKI, for his leadership on this that partnership are dramatic. The ad- lem and begin to work aggressively on issue and for the statement he made ministration has embraced fuel cells solutions. both yesterday and today. fueled by hydrogen, and I welcome In particular, the Byrd-Stevens legis- Let me also express my very strong that, but the results are still some lation would create a comprehensive displeasure with the process that leads time away. That is why we need to effort within the executive branch that us here today. I am glad we are debat- make advances in fuel economy sooner, would provide creative thought, the ing energy. I am glad we are going to as well as later. creative thought that global warming have an energy bill that will be amend- We must also reform our energy sys- requires, including a new White House ed and discussed. But I am very upset tem to give renewables and alternative office to develop a peer reviewed strat- about the procedure and how we ar- energy fair access to the market, both egy to stabilize the levels of green- rived here today.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1578 CONGRESSIONAL RECORD — SENATE March 6, 2002 I served 22 years on the Energy Com- abruptly halted further committee can read what is in it in English, not mittee. I worked with Democrats and consideration of major energy legisla- just the legislative language which is Republicans to pass historic legislation after Democrats concluded there difficult to decipher. Our competent tion, to deregulate the price of natural were probably enough votes on the and capable staff prepare a committee gas. I worked with Senator Bennett panel to approve the Bush administra- report explaining in English, here is Johnson, Wendell Ford, Jim McClure, tion’s plan for drilling in Alaska’s Arc- what this provision does, here is what and other Senators. It was bipartisan, tic National Wildlife Refuge.’’ this provision means. historic, important legislation. We In the Washington Times, the head- On most legislative issues I can re- passed other legislation. line, ‘‘Daschle Takes Control of the En- member we have had a committee re- My point is, we passed historic, ergy Bill; Republicans decry bid to port. There is no committee report be- meaningful legislation in a bipartisan stall Alaskan drilling as ‘partisan’ ma- cause the committee did not report on manner through committee markups, neuver.’’ this bill. some of which, as in the case of natural Daschle yesterday took control of the en- This bill has enormous potential im- gas deregulation, took years. We ergy bill in a move to strengthen his opposi- pact on American citizens, but no one worked on it, we amended it, and tion to the administration’s proposal to drill knows what is in it. I didn’t know what brought a bill to the floor. We did not for oil in Alaska’s Arctic National Wildlife was in it and still don’t, even today. I do that in this case. I cannot recall in Refuge, which President Bush says is critical pride myself on doing a little home- my Senate career a legislative proposal to national security. work on legislative issues. I kind of this significant where it bypassed the In an unusual legislative action . . . like to read bills. The bill introduced committee. The committee proposal we It is more than ‘‘unusual.’’ I don’t re- by Senator DASCHLE did not come have before the Senate had no Repub- member it happening. I have been here through the committee. Maybe it is lican input. I have not had one chance 22 years, and maybe others who have supported by Senator BINGAMAN, but it to offer one amendment to this bill. I been here longer can say it has hap- is not supported by this Senator. It was am offended by that. I am offended by pened, but I can’t remember a majority introduced February 15. It is 436 pages. the process. I am offended by the fact leader saying: Stop, don’t work, don’t I wanted to get the yeas and nays be- that people think we do not want mark up, I will come up with some- cause I had an idea it might be markup in the committee because we thing on my own. changed. I was not successful and could cannot control the committee. Since That does not happen. not do that. But it was introduced and when do we say, we will not have Mr. BINGAMAN. Will the Senator I thought at least I can now start read- markups if we cannot win? yield for a question? ing it and do homework. That is exactly what happened. I Mr. NICKLES. I am happy to yield. The more I read, the less I liked. It is have heard some say, that is not really Mr. BINGAMAN. I recall when we a pretty crummy energy bill, in my what happened—we just rule 14 bills all saw the budget resolution last year opinion. I started to say you couldn’t the time. We do not, all the time, take that contained the President’s enor- do much worse, but maybe you could, significant legislative action and say mous tax cut, that came from the surely you could. It is not much to my we don’t want the committee to mark Budget Committee without markup. liking, but I had no input on this bill it up; we do not want to have bipar- That was brought by Senator DOMENICI whatsoever. And I think I happen to be tisan input; we do not want to allow to the floor, at the request of the ma- No. 3 in seniority in the Energy and people to offer amendments; we do not jority leader at the time, Senator Natural Resources Committee—No. 3 want them to have an amendable vehi- LOTT. Am I not correct that was a or 4. cle. major piece of legislation that came to Then the bill was changed. That bill The fact is we did not have a legisla- the Senate floor without ever having a tive markup in the Energy and Natural was introduced on February 15, and it committee markup? was 436 pages. On February 26, the bill Resources Committee for months. I am Mr. NICKLES. Let me answer the offended by that. Why am I serving in was introduced, just a week or so ago, Senator’s question. I thank the Sen- and it was 539 pages. It grew by over 100 the Senate? Why did I select the En- ator for the point. ergy and Natural Resources Com- pages in a couple of weeks. I don’t There is a difference between a budg- know what the differences are. I am mittee? Why am I one of the senior et resolution that is not even law—a members on that committee and not trying to find out. I thought, now I budget resolution does not even go to even have a chance to offer an amend- have a printed copy. I had to ask con- the President for signature. Budget ment to express some positive or nega- sent to get this copy printed, so I did. resolutions are entirely different mat- tive points about some provisions that So now it would not be just in loose- ters. That is not the same. A budget affect every single American? I did not leaf form, and now we can get some resolution does not have the impact. A even have a chance to offer an amend- work done. I can do my homework and budget resolution authorizes commitment. I did not even have a chance to take this home. tees to say: Here is how much you say this is good or bad. Now we have to I started reading it. I didn’t like this spend. But it is not a tax cut. You still do it on the floor. one either. And I didn’t have any im- There are a lot of items in this bill have to pass a tax cut; you still have to pact on this. I didn’t get to vote on one that a lot of people do not know about. pass the legislation. single page of this bill—not one. I am I wonder if my colleagues are aware This is legislation. This is a bill that offended by that process. there is a $10 billion loan guarantee in will become law. This is a bill that has Then it was changed yesterday. We this bill. Most people do not know that the potential of increasing the cost of have version No. 3. This was dated is included. We never had a hearing on vehicles for everybody in America by March 5. It is 590 pages. That is only it. We did not have a hearing on it in $2,000 or $3,000. Are people aware of another 51 pages more than the bill the House or in the Senate and it is in that? Do I recall a hearing on that pro- that was on the floor a week or so ago. the bill. I understand they will change vision, the so-called CAFE standards? I have not analyzed that. I don’t know it. That is interesting. That has not No. Did the Commerce Committee have what is in the 51 pages. I have not fig- been discussed. a hearing on it? Did the Commerce ured that out yet. But I do know I had When Senator MURKOWSKI was chair- Committee have a markup on it? Did it no impact, no input, no amendment— man of the committee, we had a lot of pass by bipartisan majority out of the nothing. hearings dealing with the issue, and we Commerce Committee? The answer is We have a terrible process where the were going to mark up the bill. We no. majority leader shuts down the Energy started marking up the bill last year Where is the committee report? One and Natural Resources Committee and but we stopped. Why did we stop? The of the reasons we have markups in says: We do not care if you have 20 Washington Post says in an October 11 committees is to have everybody on members who have experience on these headline, ‘‘Daschle Stops Panel’s Con- the committee who has expertise on issues. We don’t care if you have had a sideration of Energy Bill.’’ the issue to have input, to support it or lot of hearings in the past on these Then it goes on to say: ‘‘Majority oppose it—to issue a committee report issues—issues such as electricity, leader, TOM DASCHLE, yesterday so we can find out what is in it, so you CAFE standards drilling in Alaska. We

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1579 do not care if you have expertise be- blocks to buy gasoline. There was a Instead, we are acting as if we have cause we do not want your input. The real shortage. It was caused by an oil some type of totalitarian government Democrats are going to put together a embargo because there was a real crisis or some type of kingdom over here that bill. We will decide what you will mark in the Middle East. says: Committees don’t operate. I’ll de- up. At that particular point in time, we cide what is in your bills. Maybe one or Sure, there is a reason. They said: If had gross crude oil imports of 26.1 per- two people, maybe three—I don’t know you want to change it, go change it. We cent. Today we are over 60 percent. In how many; a few people, not Repub- will give you some amendments. And 1979 we had another shortage. It was licans—put together the bill. It is 590 we will have amendments. Yes, we will during the Iranian hostage situation. pages. Oh, we will amend but if you just fix it. That is almost the size of There was an embargo. At that time we offer a couple of amendments, we are the Bible, and unlike the Bible, it con- were importing 44.5 percent. Today we going to filibuster those amendments. tains no good news. are importing 60 percent. You need 60 votes. Good luck. This is a problem. Now we have to fix Today we have a real problem in the If you marked it up in the committee it. We will fix it paragraph by para- Middle East. It is flaring up every day and put ANWR in the bill—which we graph. There are a lot of paragraphs in in Israel. It could expand. I hope and would have—then somebody would 590 pages. I keep reading things in here pray it does not. But we are a lot more have to strike it out of the bill. It is to- I don’t like. What is my alternative? I vulnerable today than we were back in tally different. Then you are talking didn’t have a chance to offer an amend- 1973 and 1979. So now, finally, we have about a majority vote, you are not ment. I do not like the loan guarantee. an administration that has put to- talking about 60 votes. There is a big I don’t like any loan guarantee. For gether a package after a lot of work, difference. Or if somebody wants to set the most part I opposed the steel loan promoted that package, passed that new CAFE standards, new CAFE stand- guarantees. I lost on that one. Now package, by and large, in the House of ards that have bipartisan support that there are loan guarantees for oil com- Representatives. come out of the Commerce Committee, panies in here. I don’t like loan guaran- Did the Senate have a hearing on the we didn’t do that. It is a terrible legis- tees for oil companies either. It is in House-passed package and use that as a lative process. Shame on the Senate for here. Now I have to strike it, I have to markup vehicle? We do that a lot, but this legislative process. Shame on the replace it. we didn’t in this case. Senate. I don’t like the CAFE standards. Did we hold the House-passed bill at I have only been here 22 years, but we Some people think: Let’s just increase the desk and use that as a markup ve- have not done this. It is not the same CAFE standards; we’ll go from 27.5 to hicle? We do that a lot. No, we didn’t thing as the budget resolution. It is not 35. Wait a minute, in this other version do it in this case. the same thing as a sense-of-the-Senate it was 36. But we are going to increase We started with an entirely different resolution. This is very comprehensive, CAFE standards. bill, one that has never seen the light significant legislation. It is similar to Does that include SUVs and pickups? of day, one that has never gone legislation with which we wrestled in Do they have a different standard? Yes. through a legislative markup, one that the last Congress dealing with the Pa- How much will that cost? Some peo- has never had a Republican amendment tients’ Bill of Rights. It is a tough bill. ple say it costs a couple of thousand considered. I was in charge of a lot of it. I dis- dollars a vehicle. It may cost a lot Basically, what you have is a couple agreed with a lot of the ideas that were more. It may cost thousands of lives. of people who put this bill together, floating around. But we had a markup Who had a hearing? Where is the making a whole lot of special interest in the Labor Committee. We had a committee report? Where is the sci- groups very happy in the process. markup in the Labor Committee that entific analysis? Where is the data we There are lot of special interest groups lasted days. We had 30, 40 votes on have from the Department of Transpor- that, because of this bill, are very amendments; more amendments, that tation that this is a good change? It is happy. But it is a pathetic excuse for many votes. not here. an energy bill, and it is a very poor ex- The committee passed, with Senator Where is the committee report, cuse if we want to do something that GREGG’s leadership, with Senator COL- where you can study the pros and cons, will help solve some of our national en- LINS’ and others, a Patients’ Bill of the supporting opinions and dissenting ergy problems. Even worse than that, Rights. Senator JEFFORDS was on the opinions that we usually have in the it is a terrible legislative process. committee at that time. They passed a back of the report? It is not here. I If we are going to tell two major pretty decent Patients’ Bill of Rights, don’t recall a committee report. committees—the Energy Committee and we considered it on the floor and We are going to consider legislation for the energy components of this bill amended it on the floor, and we passed of monumental importance, probably and the Commerce Committee for the it. the most important issue we will con- CAFE standards—don’t mark up, then I didn’t agree with everything that sider this year—maybe not. Maybe it is you have just disenfranchised 47 Sen- was in it, but I agreed with the final in the eyes of the beholder. Maybe ators: We don’t want your input; one or package. It was a decent package. It some people think campaign reform is two people will decide what we are brought a lot of people together. Some more important. I don’t. This will im- going to do, and if you don’t like it, people said it was not enough. But any- pact every single American because en- amend it; and, incidentally, if you try way, it went through the legislative ergy security is national security. If to amend, we are going to filibuster process. It wasn’t easy. We could have you don’t have energy security, you your amendments so now you have to said: We are in the majority, the heck don’t have national security. If you have 60 votes to change this bill. with the committee; we will come up don’t have energy security, you don’t What is the difference? If a com- with what we have deemed is the right have economic security. mittee markup was held you would package and run with it. We have seen that happen in the have input from Democrats and Repub- I think that is a violation of Senate past. We have found ourselves, in the licans. You would probably come a lot protocol, spirit—basically telling the past, when we have not prepared prop- closer to having consensus, a bipar- minority they don’t matter. It doesn’t erly, to have made serious mistakes, to tisan bill. You would have a committee make any difference if there are 49 have been really vulnerable to curtail- report so people could understand it, Members on the Republican side, you ments. We had a curtailment, I might they could read what it is, what people don’t matter; you have no input. remind my colleagues. In 1973 we had a are trying to do, what they are doing in I just very strongly disagree with curtailment. It was called the Arab oil the legislative language. Then, if you that. It means a lot to people who have embargo. Some of my colleagues might disagreed with what the committee not looked at this legislation. Usually remember it. I remember it. I was in did, a group of 40 Senators—in this a lot of Senators haven’t looked at it the private sector back in those days. case, 20 from the Energy Committee but they rely on the committee, the There were lines; there were shortages; and 20 from the Commerce Committee; authorizing committee, for their exper- we had brownouts; we had schools that maybe 42 or 43—you could offer amend- tise and for their homework, and they were closed; we had people lined up for ments to try to change it. can rely on them for their judgments.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1580 CONGRESSIONAL RECORD — SENATE March 6, 2002 It is kind of hard for us, many of us But why are we going to mandate nals to SUV moms all across the coun- on this side of the aisle, because we which way to go? Why are we going to try: Hey, the Senate Democrats, under have not looked at this. I keep finding mandate which way to go under Sen- this bill, are going to raise the price of things in there at which I am kind of ator DASCHLE’s amendment without your vehicle by at least a couple thou- shocked: Where did this come from? even a hearing? Whose special interest sand, if not $3,000 or $4,000. Notice to Well, some lobbyist or somebody had group is this? soccer moms, notice to SUV vehicles: some idea, so he stuck it in the bill. We I just question the wisdom of acting It is in here. It is going to increase the have all kinds of mandates and sub- this way, of having this bill up in this price of your vehicle. sidies and loan guarantees. manner. We have not had a hearing on Maybe I should have an amendment Now there is an amendment that says this bill. No one knows what is in it ex- that says Senate cars should meet that we, in our infinite wisdom, are cept for a few people. And now here is these standards, because they do not. going to choose which pipeline route to an amendment that says: Oh, in our in- But we are going to make every soccer go for a natural gas pipeline in Alaska. finite wisdom, we are going to dictate mom in America pay for this because it The underlying bill says there is a $10 you go this route. Let’s go the longer is in this bill. billion loan guarantee. I question that. route, the route that looks a lot more Oh, soccer moms: One of reasons you But I also question why we are trying expensive because it is several hundred like these SUVs is that they are kind to choose which pipeline route should miles longer than the other route. We of big, kind of safe. My son has two be involved in building the Alaska nat- are going to dictate that? kids, and he has one. He has the baby ural gas pipeline. I don’t think we should. Maybe I am seats in it, and he likes it because it is Let me see. Let me count the number in the minority on that. I want to defer safe. It is not going to be nearly as safe of days we have had hearings on this. to my friend from Alaska, Senator if this bill passes because this bill is This is about a $20 billion project—a MURKOWSKI. I have great respect for going to mandate—well, the vehicle is pretty good size project, over which we him. But I really question the wisdom going to have to have a much smaller should have held several hearings on at of Congress trying to dictate this, and engine, it is going to have to be a lot the least. it just goes with the whole process of lighter, it is going to resemble some- Did they have a hearing in the House this bill. thing more like a Volkswagen than it of Representatives? No. I am more offended by the process is an SUV, and we are sorry about that. This language or similar language is and the way this has come to the floor Will the fatalities go up if we pass in the House bill. I am not going to than anything procedurally in the Sen- this bill? The answer is yes, by the fault the House. I think they did a ate in my career, and certainly out of thousands. How many? What scientific pretty good job. I question the wisdom of putting this this committee. I have not been on studies do we have? We don’t know. We in without hearings. Should we dictate other committees. Maybe other com- have not had a hearing. We were not which pipeline route? I hate to say mittees have tried a little end run like able to ask the safety experts. We were this, but what about the marketplace this in the past, but I can’t remember. not able to ask the experts who build deciding which route? Why don’t we But I know they have not in the En- this: Can this be done? Can it be done use the route that would be most eco- ergy Committee because I have been on safely? And how much will it cost? nomical? Why don’t we use the route the committee. I would have been very I would love to ask the automobile that makes most economic sense? Why outspoken. If our side tried to do it, I manufacturer: How much is this going don’t we use the most feasible route? would say: No, that is not right. We to cost? Can we comply with these Is that language in here? No. The have to run it through committee. You standards? How much more will SUVs language that Senator DASCHLE is pro- have to have input from Democrats and cost in 8 years if they meet this stand- posing now—in addition to the $10 bil- Republicans. ard? lion loan guarantee that came from You may have party-line votes once I will tell you, it is going to be in the somewhere, just appeared in this bill— or twice, but most of the time on the thousands. We do not know because we it says: Oh, we are going to take the Energy Committee we didn’t vote on have not had the hearing. We have not southern route. The southern route—if party lines. We tried to vote for what asked those questions. We have not you look at the chart; that is the one was right and in the best interests of gone the legislative route. There is no shown in orange—swings through Fair- the country. committee report. There was no home- banks and through Alaska. It is several This is 590 pages of all kinds of little work done. This is put together and hundred miles longer than the other subsidies for alternative fuels, man- changed almost on a daily basis. route. The other route looks a lot dates. Oh, we already have a big man- It is a crummy way to legislate. And cleaner, a lot shorter, a lot straighter, date for ethanol, about 53 cents a gal- this first amendment is a crummy way and it is also in plains, maybe marsh. lon for ethanol. Now we are going to to legislate, a very poor way. Shame on It is parallel to the Mackenzie River. mandate not only the subsidy, but we the Senate if, oh, we are just going to The other one goes through about 900 are going to mandate that they have to decide this is the way we are going to miles of mountains. produce so many gallons; I think it is build this pipeline, we are going to dic- I used to work for a pipeline com- something like 5 billion gallons in an- tate you have to take this route. pany. I helped lay pipe in some of my other 10 years or something. Wow. How That is not the way it should be private sector days. I know a little bit much are we going to do? Then on and done, not when you are talking about about it. I know it is expensive. Man, it on and on. $20 billion, not when you are talking is a lot more expensive to do it in the The more I see—oh, we have subsidies about Federal loan guarantees that mountains than it is on the plains. for wind energy, you name it. There should not be in the bill in the first There may be pluses and minuses on are all kinds of things that are in this place. Oh, now we are going to have both. I do not know all the pluses and bill, some of which are very question- loan guarantees and we are going to minuses. able economically, some of which are dictate which route to go. We never I know one thing: I probably do not going to greatly increase consumer had a hearing. We do not know which know enough yet to say this is the prices. way is the best as far as protecting the right route or this other one is. I have Then let me just touch on the other environment is concerned. We do not not studied it enough. I don’t recall a side of it, and that is the issue of know which is best as far as the econ- hearing. I have not met with all sides. CAFE. The Federal Government is omy is concerned. One might cost I have met with a couple people. I have going to mandate that we raise the fuel twice as much. constituents who have an involvement. average economy standards from 27.5 I would think to build a mile of pipe- I have constituents who have some miles per gallon to 35 miles per gallon, line through the mountains would minerals or gas in the project, and they and do that over the next 13 years. In probably be several times as expensive would like to get it to market. I would a previous bill it was over 11 years. as building one on the plains. Yet we like to get it to market. It would be Now that has been adjusted. have an amendment offered by Senator good for the economy to get it to mar- My wife happens to drive a Path- DASCHLE, the first amendment up: Here ket. finder, an SUV. We should send out sig- is what we are going to do. Maybe

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1581 there are political considerations be- billion project? This is a crummy way sistence. They support drilling on land hind his amendment. I don’t know. But to legislate. The Senate leadership and support activity on land, but they I am just astounded by this process. should know this is not the way to op- are reluctant to see activity offshore I am very disappointed in this proc- erate. that may change the route of the mi- ess. This process should not be re- We should not disenfranchise 40 some gratory whale movement of the bull- peated. It should not be repeated by Senators from the committee process. I head whale. So they are opposed. Democrats or Republicans. We have hope we won’t do it in the future. I can cite for the record comments I committees for a purpose. We have I yield the floor. received in opposition to anything out committees for a purpose: So we can The PRESIDING OFFICER. The Sen- at sea that might affect them. have bipartisan input, so we can have ator from Alaska. I ask unanimous consent to print the the legislative process work, so we can Mr. MURKOWSKI. I wonder if I could comments in the RECORD. have hearings on legislation so people respond to some questions that the There being no objection, the mate- can know what they are voting on, to Senator from Oklahoma, the minority rial was ordered to be printed in the where they can try to improve it, to whip, brought up because I certainly RECORD, as follows: where any member of the committee agree with his contention that these COMMENTS ON PROPOSALS FOR A NATURAL GAS has an opportunity to read the bill and matters have not been addressed in a PIPELINE FROM THE NORTH SLOPE OF ALAS- KA BY GEORGE N. AHMAOGAK, SR. MAYOR, to amend it, to change it—win or lose, committee process. They are being ad- NORTH SLOPE BOROUGH, BARROW, ALASKA at least they have the opportunity to dressed on the floor. As I indicated earlier in my opening (Submitted to the United States Senate, try. Committee on Energy and Natural Re- No one has had an opportunity to statement, we have quite a responsi- sources, October 2, 2001) amend this bill—no one. A few people bility before us to educate Members. I I want to thank Chairman Bingaman and might have been able to get their spe- think the questions my friend from the Committee for inviting comments on cial interest provisions in, thanks to Oklahoma posed deserve consideration. North Slope natural gas development from the majority leader and to the chair- I wonder if I could perhaps offer an ex- residents of the regions, because we will be man of the committee. But no one, no planation as to why the proposed route most affected by the impacts of develop- Member of the Senate, has offered an that has been supported by the State of ment. As Mayor of the North Slope Borough. amendment to this bill because it has Alaska is the preferred route. I represent the people who live in eight com- As my colleague knows, the con- munities scattered across the top of Alaska. not had a markup. The majority of our residents are Inupiat Es- Right at about half the Senate has centration of capital necessary to build kimos, whose ancestry is traced back thou- been disenfranchised because we did either route is going to be substantial, sands of years along this stretch of the Arc- not have a markup on the CAFE stand- somewhere in the area of $15 to $20 bil- tic Ocean coastline. ard and did not have a markup on the lion. Clearly, the companies that are For more than a quarter of a century, the energy package. So now we are pre- going to build this pipeline are inter- people of the North Slope have played an ac- sented with an energy bill: Here it is. ested in a return on their investment. tive role in Alaska’s oil and gas develop- I don’t think my colleague is aware of ment. After our initial fears about the envi- Go get it. Have at it. See if you can im- ronmental safety of oil and gas operations prove it. Oh, yes, if you have an amend- the particulars associated with the were calmed by experience, we struck a ment we don’t like, get 60 votes. That northern route. stance on development that has not wavered. is not the way the Senate is supposed It would require roughly 400 miles of We have supported onshore projects when to work. pipeline at sea. If I can refer to the they contain adequate environmental safe- The Senate is a great institution. map, I think it is important to recog- guards for the land and animal populations People are violating the thrust of the nize that this is an area that is ex- and when they do not jeopardize our tradi- Senate. Totally ignoring the com- traordinary because it runs roughly tional subsistence hunting and fishing ac- mittee process should not be done from Prudhoe Bay, where the gas has tivities, which are so crucial to the continu- ation of our Native culture. lightly. So I am critical of it. been discovered about 400 miles off the We have pursued these goals in our inter- I want my colleagues to know of the Arctic coast. This is an area that is actions with the oil industry largely through problem of how we are situated. So we only ice free about 40 days of the year. our local powers of planning and zoning have a bad bill. Some of us are going to We are well above the Arctic Circle within the oil fields. We have also sponsored try to make it better. It may take a here. As a consequence, the technology extensive biological research and worked while. We may have to ask a lot of stu- is obviously achievable, but there is with state and federal agencies to gauge the pid questions: What is this in here for? still a question of at what price. continuing health of wildlife species in the region. How much is it going to cost? I would As the Senator from Oklahoma is Twenty-five years later, we remain com- like the proponents to know I am going well aware, we have been trying for mitted to the stewardship of our homeland to be asking those questions because I decades to get permits and the author- as we work in partnership with state and fed- did not have a chance to ask them yet. ity to open up ANWR, which is on land, eral agencies and the industry to extract the I did not have that chance to ask them for oil and gas exploration. The consid- oil and gas resources our nation so clearly in committee, so I am going to ask eration has been whether we could do needs. Our commitment to a culturally sen- them on the floor. So this markup may it safely. The problem we have in lay- sitive development approach leads us to a take a little while. ing this pipeline in this particular body very firm position on natural gas development. We recognize the need to export the This amendment may take a little of water is access because much of the North Slope’s vast natural gas supplies, and while. I do not want to filibuster this year it is covered with very heavy ice. we believe there is only one environmentally amendment, but I want to know how Theoretically, most pipelines are laid sensible transportation path—along the much it is going to cost. I want to with a trench being dug on the ocean route of the existing Trans-Alaska oil pipe- know why this route is preferred over floor and then covered up, and so forth. line. Most of the issues associated with pipe- the other route. I want to know why We are talking probably about this line routing have already been identified and there is a $10 billion loan guarantee in pipeline being 3 to 4 miles offshore successfully resolved through years of expe- the bill. Why? Who benefits from that? where you would get the adequate rience with the TAPS oil pipeline. Using the existing corridor is more environmentally ef- What is the purpose? Is that the best depth. The unique problem you have ficient than any alternative and is unlikely way to do it? Should it be done? Is it with the engineering is this scouring of to result in significant surprise impacts re- necessary for it to be done? Could we the bottom when the ice moves be- lated to land or wildlife. It is clearly the build the other route even without a cause, as you know, about seven-tenths safest and most acceptable transportation loan guarantee? Without price sup- of the ice is underwater. So these plan in our opinion. ports? Is that possible? Does it need to present some engineering problems. For these reasons, we support the State of be? Or does the marketplace dictate we They also present some problems as- Alaska’s insistence on a southerly (Alaska sociated with the concern over the Na- Highway) route. We also are adamant in our have to go this way? opposition to any project that would involve Aren’t those decent questions? tive people, the Eskimo people of Alas- an offshore pipeline to the McKenzie Delta Shouldn’t those questions be asked? ka and their concern over the migra- on the Canadian side of the border. We be- They have not been asked before. Yet tory bullhead whale which they are de- lieve this ‘‘over-the-top’’ scenario is techno- we are getting ready to commit to a $20 pendent on from the standpoint of sub- logically arrogant and offers substantially

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1582 CONGRESSIONAL RECORD — SENATE March 6, 2002 greater risk of environmental and cultural your task, and I hope that faith, determina- is a little different than Oklahoma. We damage. tion and the good of the people guide you. are isolated from the United States by Our elders and our subsistence whalers are Mr. MURKOWSKI. As the Senator Canada. If we don’t put our foot for- the true experts on the seasonal movements from Oklahoma has expressed, we have of sea ice along the arctic coast. They have ward in the area of development, we spent decades studying the forces of pack ice not had any hearings. We don’t know are simply going to be a State where as it piles upon itself to create huge pressure what the scientific answer is. But there our resources are exported. We have no ridges the size of tall buildings. They have is the fear of the people and therefore residential capital base of any kind so witnessed the results of current-driven ice an objection to any offshore activity. capital comes in, exploits the re- scouring the ocean floor. They have heard Then there is the question of trying sources, takes them out, and leaves stories about these forces, stories that rep- to get permits to do something for nothing. Our oil companies are good resent the oral preservation of empirical which we don’t know what the impact citizens that come to Alaska. They science handed down from generation to gen- will be. We have never been able to get eration. support our efforts. But they are not At the same time, the industry has repeat- permits even on land, let alone the dif- domiciled in Alaska. edly tried and failed to show its ability to ficulty of offshore. The Senator from Oklahoma is fortu- clean up an oil spill in broken ice conditions. There is also a considerable discus- nate in having oil companies domiciled Demonstration of such ability should be an sion that has taken place in the engi- in his State even though I guess some absolute requirement before any offshore oil neering community about the pros- of them are moving to a little bigger development is allowed to occur. pects of having to loop the line at sea State—not the biggest State. I would Our opposition to an over-the-top route is because if you had a break or a frac- not conceived lightly. We have proven our- like to see them move to Alaska rather selves to be both willing partners and envi- ture and the tremendous amount of than Texas. He has a lot of independent ronmental stewards. When we stand up volume of somewhere in the area of 4 oil companies, oil and gas. We don’t against a proposal, our objection cannot be to 6 billion cubic feet a day flowing have that in Alaska because we have dismissed as environmental dogmatism. Nor through that into a market in the Mid- never been able to accumulate residen- can our support for a project be written off west, perhaps in Chicago, if there was a tial wealth nor the availability of pri- as pro-development fanaticism. Ours is a fracture, you would have a devastating vate land. more complex position, stemming from a supply situation. And your ability to This is a public lands State. As you cultural perspective that acknowledges the get at it in the winter with the heavy know, the wealth that is accumulated advantages of development, clings to an inherent environmental ethic, and has as its ice, which is 4 and 5 and 6 and 9 feet in our State is public wealth. It is not highest goal the continued health of the thick, would mandate a duplicate private. So we don’t have domiciled original culture attached to this part of the route. These are all theoretical, but capital ventures that develop our world. The southerly route offers the best so- nevertheless they are concerns ex- State. We are dependent on outsiders lution in light of this trio of concerns. pressed. coming in with a lot of money. When While we support the southern route, we do I will highlight the concern associ- they take the resource out, they don’t not believe that a natural gas pipeline ated with this route. It is certainly a leave much more for it. should be supported at any and all cost. A route that is less from the standpoint successful project must have the inherent This has been the constant history of fiscal strength to preserve existing arrange- of distance. There are a couple other Alaska. It has been exploitation. First, ments for local property taxation of energy aspects we should point out. This is not it was the copper at Kennicott near infrastructure. We have heard rumors of tax necessarily a mountainous route. This Cordova. They took the copper out for concessions associated with a gas pipeline is a route that parallels the highway years and left nothing, absolutely project, but we have not been asked for our and also is a route proposed in 1941 for nothing except an abandoned railroad. opinion on such a scheme. We do not support a railroad to Alaska. The Senator from The canned salmon industry exploited tax concessions at the local level. Oklahoma knows we don’t have a con- the fishing in southern Alaska. It was Additionally, we are concerned about the cumulative impacts of oil and gas develop- nection with the transcontinental rail- all controlled out of Seattle. They left, ment. Federal project permits are based in roads of the United States or Canada. and there is nothing left in Alaska. We part on an analysis of potential environ- But this route is a relatively low ele- have had the oil industry, and we see mental impacts on land, wildlife and human vation. There is one pass in here where our oil going down to Valdez and inhabitants of the area. However, this anal- the pipeline goes. But as the Senator shipped out of the State. It benefits ysis is project specific, and while it has been knows, you increase pressure, and it is Washington and Oregon and California. discussed for years, no provision has ever not nearly as bad at picking up friction We are at the point of saying: Wait a been made for alleviating the cumulative ef- as an oil pipeline. minute. We have a resource in our fects of industrial activity on local commu- There are a couple other points I do nities. State. We want to make sure we are in- We see the effects in a constant level of want to make that are relevant to our volved in utilizing this resource to em- stress in our villages. Health problems, fam- consideration. That is the realization ploy our people. We had 30,000 of our ily dysfunction, alcohol abuse and other that since this is Alaska gas, not found young people, ages roughly 19 to 35, symptoms require intervention. We need on Federal land but Alaska State land, leave our State in the last 10 years be- help in assessing and addressing these im- we obviously want access to the gas for cause we are not able to offer good pay- pacts, and we look to the government for im- petrochemical and development within ing jobs in blue-collar resource devel- pact aid or some other form of assistance our own State, as opposed to the north- opment. Yet we are the State with the aimed at combating these social stresses. Discussion of a natural gas pipeline nec- ern route which would simply move the largest resource base: Oil, gas, timber, essarily exists in the larger context of North gas offshore with very little secondary the fish, the minerals. But as the Sen- Slope resource development. With that in industry opportunities for Alaska pe- ator from Oklahoma notes, in our ef- mind, I would like to reiterate our support trochemical employment, and so forth. fort to open up ANWR, we are taking for careful exploration in a small portion of Furthermore, we have been exporting on the whole public posture of Amer- the Arctic National Wildlife Refuge (ANWR). gas out of Kenai to Tokyo, to Tokyo ica’s environmental community. It is a This is in keeping with our belief that activ- Gas and Electric since about 1966. That different set of circumstances. ity in onshore areas of strong potential is gas has come from Cook Inlet. The re- I trust that my friend from Okla- more responsible than offshore exploration and development. Directional drilling and serves are running lower now, and we homa will get a little better under- other technical improvements make low-im- are concerned in Anchorage about only standing. pact activity on the edge of ANWR feasible. two year-round manufacturing plants This isn’t just a simple matter of a Accommodations for seasonal caribou migra- for urea and ammonia, and an LNG shorter pipeline. It is a matter of jobs tion can be achieved in ANWR as they have plant having access to gas. If it goes in Alaska, resident opportunities in been elsewhere in the region. this way, the majority population cen- Alaska because, as this route goes, the Again, I appreciate the committee’s inter- ters will not be afforded the oppor- jobs and activity are virtually all in est in the perspective of people who live on the North Slope. I hope my comments assist tunity of this gas. Canada. You have the Yukon Terri- you in your deliberations. Ours is certainly I don’t disagree with the Senator tory, Northwest Territory, Alberta, not the only perspective, but it is a view from Oklahoma. I think he knows me British Columbia, and so forth. that springs from the landscape whose future well enough to recognize, as business- I don’t dispute the reality that eco- you are considering. I honor the difficulty of men, the market dictates. But Alaska nomics dictate how things happen. But

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1583 remember one thing, and this has been ber of bills. We know that last time we ings. Can he give me the dates? Have overlooked in this debate: This gas be- talked about the energy bill. It got to we had a hearing on the two alter- longs to the State. It doesn’t belong to the floor the same way this bill got natives for pipelines for Alaska? Exxon; it doesn’t belong to BP; it here. We know that on the budget reso- Mr. REID. We had a hearing to re- doesn’t belong to Phillips. They hold lution the same thing happened, and ceive testimony on the status of pro- the leases. When this gas is developed, also on the Patients’ Bill of Rights. posals for the transportation of natural one-eighth of the gas can be taken by They got to the floor the same way. gas from Alaska to markets in the the State in kind. We should have Mr. NICKLES. Will the Senator lower 48 States, and on legislation that something to say about where our gas yield? may be required to expedite the con- goes and how it benefits our State. Mr. REID. I will in a minute. I want struction of a pipeline from Alaska, So that is the action that was taken the record to reflect the fact that after Tuesday, October 2, 2001, 10 a.m. in the House of Representatives and Senator BINGAMAN took charge of the Mr. NICKLES. I am surprised. I don’t they designated the route that would committee, a number of hearings were recall that. I don’t recall considering be most beneficial to the State of Alas- held: June 26 of last year, July 12, July the two alternatives. I asked staff did ka. That is why I have cosponsored the 13, July 17, July 19, July 24, July 25, we have a hearing and they said no. I amendment offered by the majority July 26, August 1, August 2. On August asked if there was a House hearing; leader this morning. 1 and 2, there was a markup of provi- they said no. On something this con- But I totally agree with my friend sions of this bill. troversial, I am just not so sure we did. from Oklahoma about the manner in I also say to my friend from Okla- Maybe my memory is short, but for a which the majority leader cir- homa, there have been hearings on $20 billion project, I kind of think I cumvented the committee process and, this. We have had extensive hearings would know about it. Maybe that is not as a consequence, we are here now edu- on this. the case. Maybe I am wrong, but I Mr. NICKLES. Will the Senator cating one another on the merits of doubt that hearing was set up in a way yield? this bill. that said let’s consider these two alter- Mr. REID. I will in a second. I am The PRESIDING OFFICER. The Sen- natives. trying to lay out something on the ator from Nevada is recognized. I will do a little more homework to record, and we can elaborate on it Mr. NICKLES. Will the Senator yield find out what happened on October 2. I later. want to find out if we were in session. for 1 minute? In fact, we had just one hearing Mr. REID. Yes. This doesn’t ring a bell. where we had 15 witnesses, including Mr. NICKLES. I thank my friend and The Senator said the Republicans the Governor of Alaska, the State Sen- brought up Patients’ Bill of Rights colleague, Senator MURKOWSKI. I un- ators from Alaska. We had people from derstand his situation. We are dealing under this procedure. That is wrong. Exxon and BP. Senator MURKOWSKI with $20 billion projects, $10 billion We had a committee markup on Pa- told us how important this is to them. tients’ Bill of Rights. It was marked worth of loan guarantees, and we We have had 15 people talk about this. haven’t had nearly the number of hear- up, amended, voted on. It was tough, We had 4 different panels. difficult, and it was a very challenging ings necessary to consider proponents Senator BINGAMAN is doing some- of both sides and environmentalists. In thing, but we marked up the Patients’ thing now and is out of the Chamber Bill of Rights. We passed it in com- addition, we should have people who momentarily, but I want everybody to mittee and on the floor. are going to be granting permits, and understand that Senator BINGAMAN has The Senator mentioned a budget res- so on, to give us some input and some done an outstanding job of holding olution. That is not a law; that is a estimates on how much it will cost and hearings. My friend from Oklahoma guideline for the Congress. Maybe my what the time delays would be, and so should not in any way feel that people colleague is right. Maybe we should not on. I haven’t seen that being done. have not had knowledge of what goes have done that. But, at least in my 22 The chairman of the Energy Com- on. years in the Senate, we have never had mittee is not here, but I want to have Mr. NICKLES. I think there are fac- substantive, major, significant legisla- this hearing—and I may not get this tual inaccuracies here. tion out of the Energy Committee hearing before this bill is taken care of, Mr. REID. I will be happy to talk where we had a day or two of markup but I want to have a hearing on this be- about that in a second. and the majority leader said ‘‘no more’’ fore we get a conference report. So he H.R. 4, which they say is a great bill, and we have no more input or consider- is not here, but I will insist on it. We has the same stuff in it that we are ation of amendments. That has not are not going to have a conference re- talking about today. I don’t under- been done, I am absolutely certain, in port until we get to have some hear- stand why they are upset when we are my 22 years in the Senate. ings. I think if we get to the con- following the example that the Repub- Mr. MURKOWSKI. I wonder—— ference, I might have something to do licans used when they were in control Mr. REID. Mr. President, I had the with what is going to be in the con- of the Senate. If the Republicans are floor. ference report. To have this kind of wrong and we are wrong in doing that, Mr. MURKOWSKI. May I ask my issue and ask Senators to vote on it the bill is here and it is open for friend a question? when we haven’t properly reviewed its amendment. People can talk as much Mr. REID. In a minute. I want to ex- substance in committee, that is a real as they want. plain that we have here from the CON- procedural mistake. We need to have As I said, I will bet Oklahoma wished GRESSIONAL RECORD the fact that the more significant input from many they were in the quandary that Alaska hearing was held on the Alaska natural more experts before making these deci- is in today. Alaska has a chance of get- gas pipeline. The committee concluded sions. I think it is a mistake for us to ting the southern route pipeline that hearings to examine the status of pro- dictate which pipeline we should be would create 400,000 jobs. That is a posals for the transportation of natural building, without more information. pretty good deal for a small State like gas from Alaska to markets in the With that comment, I yield the floor Alaska, or even a big State like New lower 48 States, and on legislation that and thank my colleague from Nevada. York. It would be a great deal for Ne- may be required to expedite the con- Mr. MURKOWSKI. Mr. President, if I vada. struction of a pipeline from Alaska. may make one clarification. This is an economic development After receiving testimony from—and it The PRESIDING OFFICER. The Sen- program for Alaska that I support. I lists well over a dozen people, includ- ator from Nevada is recognized. think it is great. But I want everybody ing the Governor of Alaska, whose tes- Mr. REID. Mr. President, before my to know that I think Senator BINGA- timony I read into the RECORD today. two dear friends leave—and perhaps MAN has done an outstanding job. I So this was shortly after September they are not leaving—I would like to think he is an exemplary chairman and 11. We all had a lot of things on our have the opportunity to clear the we should not complain about how we minds, and I know how heavily in- record on a few things. First, my friend got here; we are here. volved the Senator from Oklahoma was from Oklahoma, for whom I have the Mr. NICKLES. Mr. President, the on matters that leadership was in- greatest respect, talked about a num- Senator mentioned that we had hear- volved in. Maybe he missed this, but

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1584 CONGRESSIONAL RECORD — SENATE March 6, 2002 this was an extensive hearing that We went one step further than they important to people of Alaska and our took a long time. did. My friend from Oklahoma said: I country. Mr. NICKLES. I may well stand cor- have never known in 22 years they I agree with the Senator from New rected, and October 2 is pretty close to started a markup and then got the bill Mexico. If someone does not like parts September 11. Maybe I missed it. My here this way. The Republicans would of this very important amendment, guess is that hearing did not consider not allow us to even start a markup. then move to delete it. But I think we the two alternatives. It may have been We at least started one. are going to have the support of Sen- promoting one alternative. It may have Mr. President, this seems to be get- ator STEVENS and Senator MURKOWSKI been promoting the alternative that ting a little silly. We are here. It is on this, as they should support this. the Governor wanted, but other peo- Wednesday. We have to move this leg- I say to my friend from Oklahoma, I ple—I don’t know. islation. We have other things we need repeat, maybe there is blame to go I happen to think there is a lot of in- to do. We only follow the lead of the around about how legislation happens, terest in two alternatives, and I do not Republicans. If they were wrong, then but we only follow the example set by know which is right. I will readily maybe we should have followed some- my friends in the minority. However admit that I do not have the answer to body else’s lead. The fact is we are we got here, we are here now. It is leg- which is the best, which is the most ec- here; let’s do the best we can on this islation that is important for this onomical, which is feasible. My col- legislation. If there is something peo- country, and I acknowledge changes league from Alaska was saying we may ple do not understand—and I am sure probably should be made. It is imper- have to go offshore and build that pipe- my friend from Oklahoma, who is an fect, but I think it is really a strong line; it is a challenge. I do not know astute legislator, and he does read leg- step forward. that we have to go offshore. These are islation and understands it—that he I look forward to working with my things that need to be discussed and may not have had the time. He has one friend from Oklahoma in any way he need to be explored. We did not do that. of the best staffs in the Senate. I am thinks is appropriate to improve this legislation. My point is, though, we began mark- sure very quickly they can bring him up on this bill and that markup was The PRESIDING OFFICER. The Sen- up to snuff. ator from Oklahoma. stopped. Again, I will go back to my Mr. NICKLES. Will the Senator yield little 22 years; I cannot remember a Mr. NICKLES. Mr. President, before for a question? Since there was a hear- my friend from Nevada leaves, let me substantive legislative item, certainly ing and my able staff pointed out that, in the Energy Committee, where we clarify a couple things. One, he referred yes, there was a hearing, it happened started a markup and then were once or twice to the Patients’ Bill of to be on October 2, did that hearing in- stopped and were told: No more com- Rights. We had a markup on the Pa- volve the necessity of loan guarantees? mittee markup; i.e., we do not want tients’ Bill of Rights. I am absolutely Where did the $10 billion loan guar- input from other people; we are just positive of that. No matter how poor antee come from? This is a surprise going to come up with a bill on the my memory is, I know there was a and, to my knowledge, was not consid- floor. markup on it. That has not been done, and the proc- ered. Mr. REID. Not this one. ess is terrible. I am going to maintain The PRESIDING OFFICER. The Sen- Mr. NICKLES. I do not care how my criticism of it. I look at the 590 ator from New Mexico. many times the Senator from Nevada Mr. BINGAMAN. Mr. President, I do pages, and it has grown 100 pages—ac- waves that bill around, I remember tually it has grown 154 pages in the last not believe there was substantial testi- there was a markup. I remember put- 3 weeks—and I do not know what is in mony on the issue of loan guarantees. ting several people in our committee it because we did not have it in com- Frankly, this is a proposal we included through a very difficult markup to pass mittee. There is no committee report. I to make the point to the Senate that legislation, which they did. am fumbling around here. I do not see some type of risk sharing might well be My colleague says, if you do not like a committee report. There is no minor- possible if this project was going to be the loan guarantees, strike it. The ity report. viable, if the construction of a pipeline point is, we did not have a committee That is very unusual for something was going to be viable. markup. If we had had a committee that is going to increase people’s bills, As I understand it, the ranking mem- markup, I would have had an oppor- that is going to increase the cost of ber of the committee is in favor of pur- tunity to strike it in committee. We electricity. We ought to know some- suing a different course. I am certainly would have had 20 people around the thing about it. It is not out there. working with him jointly to see if committee who would have maybe par- I stand corrected. I always want to be there is any other way to reduce the ticipated in this hearing and maybe factual. I may have strong passions, risk involved to the companies, if they had some impact, but we did not have but I want to be factual. If we had the decided to go ahead with a pipeline. that chance. I pointed out the $10 bil- hearing and I said we did not, I stand I can understand there are different lion loan guarantee because I do not corrected, and I thank my colleague. points of view about whether or not know where it came from. Mr. REID. Mr. President, also, there that would be an appropriate thing to The point is, it would have been nice were witnesses talking about the do. We will have an opportunity for a to have a markup so we could have dis- northern route at the hearing. Among debate on that, I am sure, if the bill fi- cussed it. Maybe I would support it. I those testifying was Forrest Hoglund, nally does contain some kind of finan- do not doubt it is a real national en- chairman and CEO of Arctic Resources cial incentive or support provision like ergy plus if we can get all the gas re- Company in Houston, TX. that. serves that are just being pumped into Maybe the Senator is upset about the If the Senator from Oklahoma is op- the ground to the lower 48. That would procedure, but he should back off a lit- posed to that loan guarantee, he ought give us some energy security. That is tle bit because he has clearly been to propose to delete it. That is cer- positive. I would like to see that hap- wrong in the statement about not hav- tainly an option. pen. But I know one thing: I did not ing a hearing. It was a long hearing; it Mr. NICKLES. Will the Senator have any chance in committee to de- took a long time. yield? bate should we have a loan guarantee? I state again we are in the Senate Mr. REID. Mr. President, I think I Should we have cost shares? what kind working on this most important legis- still have the floor. of protection do we have for the Gov- lation. I have in my hand S. 1344, which The PRESIDING OFFICER. The Sen- ernment? Is that the best way to go? I is the Patients’ Bill of Rights. This ator from Nevada has the floor. am interested in these things. Is this came to the Senate without a single Mr. REID. Mr. President, while the the correct alternative? hearing. There were hearings on the Senator from New Mexico is here, I say I do not believe the hearing was to Patients’ Bill of Rights but not this to him that I very much enjoyed tell- consider which alternative is the best. bill. It was the same with the energy ing everyone what a great chairman he Maybe it was, and maybe it was just bill we had on the floor when the Re- is in his absence. I think he has done a too close to September 11 and there publicans were in control of the Sen- tremendous job getting the bill to this were other things going on. I am not ate. point. This bill and this provision is so sure.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1585 We did not have a markup, and I banks borough, the Valdez borough, to ANWR provision, and I think obviously know if we had a markup and some- come together. There were about half a the majority leader did not want that body offered amendments which said dozen proposals. It is fair to say, and I to happen. So he basically told the we are going to dictate which route we want the RECORD to note, that I was committee not to mark up the bill. go, I think I would say why not let the not aware, nor did I request, the $10 I ask for the yeas and nays on com- marketplace decide which route to go. billion guarantee that is in the under- mittee amendment No. 2917. My colleague from Alaska may be ex- lying bill. This was put in, I think, as The PRESIDING OFFICER. It takes actly right, maybe the southern route an explanation offered by my good unanimous consent to ask for the yeas is the way to go, but I am saying let’s friend from New Mexico, to try and ad- and nays. let the marketplace decide. dress some kind of a safety net that Mr. NICKLES. I ask unanimous con- We have pipelines running all over was expressed primarily by one pro- sent that the yeas and nays be ordered my State, and I have never voted once ducer from the State of Oklahoma. on amendment No. 2917. on where they should go. We have sort That being what it is, I was of the The PRESIDING OFFICER. Without of let the marketplace work. Alaska is opinion, after talking to the pro- objection, it is so ordered. a little unique, but should we not find ducers—Exxon, BP, and Phillips—that Is there a sufficient second? out how much these two routes cost? this $10 billion loan guarantee that was There appears to be a sufficient sec- My colleague says if I do not like the put in—and I assume it was put in ond. $10 billion, strike it. Part of our prob- probably by staff in their willingness The yeas and nays were ordered. lem right now is we are taking this to try to come up with something that Mr. BINGAMAN. I suggest the ab- whole bill up on the floor and now we would provide a safety net—would not sence of a quorum. have to try and fix it. It would have provide the assurance they need rel- The PRESIDING OFFICER. The been nice to have had a markup where ative to the magnitude of this project. clerk will call the roll. we could have debated this in com- This is a $20 billion project. So I think The assistant legislative clerk pro- mittee instead of, oh, I am reading the record should note we are going to ceeded to call the roll. through the bill and, oh, there is a $10 have to address the necessity of this, Mr. BROWNBACK. Mr. President, I billion loan guarantee. That is inter- and the Senator from Oklahoma has al- ask unanimous consent that the order esting. I wonder where that came from? ready indicated he questions it. for the quorum call be rescinded. It is very interesting some of the There has not been a hearing held on The PRESIDING OFFICER. Without things one will find in this bill. I am it. I hope before this debate is over, we objection, it is so ordered. going to be reading more of the bill, could get a position from the pro- Mr. BROWNBACK. Mr. President, I much to the chagrin of the manager of ducers, namely the companies that ask unanimous consent to speak on the this bill. I hope we do not pass a bad hold these gas leases, on whether they bill for up to 10 minutes. bill. I question the wisdom of a $10 bil- think it is necessary and whether it The PRESIDING OFFICER. Without lion loan guarantee, but my point is we would be beneficial. That is pretty im- objection, it is so ordered. should have had a markup on it so portant relative to a determination of Mr. BROWNBACK. Mr. President, I these issues would have been resolved. this nature. want to make a few comments on the If in the committee markup a loan I intended to ask, and I will for the energy policy in the form of an opening guarantee was supported, I might have record, my good friend from Nevada, statement. It is something which been convinced in the process it was who indicated we kind of had a should take a couple of weeks for us to the right thing to do so we would have choice—we had a curtain that we could decide given the bill was not taken bipartisan support for it, and maybe we have an ANWR, we could have a gas through committee. We need to do a do. line, and that sounds very encouraging. lot of work, and I hope we can have a The problem is no one knows. I asked I ask if he would give us an up-or-down very open amendment process so we my caucus: How many of you know vote on either one, a 50/50 vote. I will can work through the issues and at the there is a loan guarantee? Nobody, ex- have an opportunity to pose that to end of the day arrive at a bill we are all cept for Senator MURKOWSKI. The point him later, or maybe Senator DASCHLE satisfied with, one that we can be is, we should have had a markup so we can provide that. proud of for an energy policy because I would not have to go through an edu- I also ask him, since he was so ac- think an energy policy has been ne- cational process on the floor and go commodating, to provide me with an glected for too long. It is too impor- through a lot of this. Again, clearly the answer of what the position of the com- tant, and it is something we need to Senator from Alaska knows what he is mittee was on ANWR. What was the po- act upon. talking about but I would imagine sition of the Energy and Natural Re- We are driving a lot of foreign policy about 90-some percent of the rest of the sources Committee on ANWR? I think based on our lack of an energy policy, Senate does not, and that is kind of un- the RECORD should reflect it. I do not and we are having to do some things in fortunate. think we are going to get an answer, regions of the world we probably I wish we would have had a markup and I think the Senator from Okla- should not do because we lack that en- on the entire bill. It would have elimi- homa would agree with me that we are ergy policy, because we are so depend- nated a lot of the process and a lot of not going to get a committee position ent upon the foreign sources. the mess that we are in trying to pass on ANWR, which is as a consequence of I particularly point out that the an energy package that is 590 pages the manner in which the whole bill was areas upon which we are so dependent and, in my opinion, still needs a lot of constructed, eliminating the com- for oil are so volatile, we could almost improvement before we are finished. mittee process and eliminating the op- count on the fact that at some time I yield the floor. portunity to have a debate and voting within the next couple of years we are The PRESIDING OFFICER. The Sen- on it one way or another out of com- going to see energy disruptions from ator from Alaska. mittee. It was designed to circumvent the Middle East. Mr. MURKOWSKI. Maybe I can en- the committee process. We are having some difficulties with lighten my two colleagues. I see the I ask the majority whip if he could Saudi Arabia now, a key place of en- majority whip has left our midst. He provide us, in his opinion, what the ergy supplies. If we do not act to diver- told me he is going to talk to a Repub- committee position was on ANWR. I sify and get more domestic sources of lican Governor. That may help his think that may enlighten some of my oil and energy, we are setting ourselves frame of mind, but maybe not. colleagues. up for a problem that we know is com- In any event, in reviewing what took The PRESIDING OFFICER. The Sen- ing, so we need to get a bill through. place in October, it was not addressing ator from Oklahoma is recognized. We need to get a bill through this Con- the issue specifically of routing. It was Mr. NICKLES. Mr. President, to an- gress. to consider how to market Alaska’s swer the question, I think it was obvi- Our energy policy has been neglected natural gas, and there were proposals ous the reason why we did not com- for far too long. We see the effects of for LNG, there were proposals for the plete markup on the bill is because the this neglect in the sporadic high gas boroughs of the North Slope, the Fair- votes were in the committee to have an prices at the pump during the summer,

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1586 CONGRESSIONAL RECORD — SENATE March 6, 2002 in the fact that we import 57 percent of what looks to be a very positive energy acid rain. We need to do this with car- the petroleum we use, and in the com- tax package. The tax component is a bon dioxide so we can reduce the CO2 plexities we must endure in our foreign critical part of making this work. My level at the least cost base as others policy because of that energy depend- friend, Senator GRASSLEY, has worked trading for those carbon credits. ency. To alleviate these problems, the hard to ensure a positive approach to There have been innovative programs U.S. must produce more domestic oil achieving the goals I have described, put in place. I traveled to Brazil to and natural gas while diversifying our particularly in support of renewable look at one program the Nature Con- energy sources with renewable energy fuels such as ethanol. Specifically, I servancy is implementing there. It is sources, as well. Accomplishing this am pleased to see the inclusion of tax innovative, helping the environment by goal means we engage in a thorough credits for marginal oil and gas produc- reducing carbon dioxide. We should in- debate on the matter. tion as part of our important need to corporate it as part of our energy I am pleased the Senate is finally ad- increase domestic production. We have strategy. I look forward to this proc- dressing such an important issue. I many of the marginal oil and gas wells ess. I think it is important. urge my colleagues to resolve our dif- in my State, and this will help bring As I noted, this is one of the most ferences so we can get a bill passed. those online or, in some cases, keep important bills we can consider this The Democratic bill before the Sen- them in production. year. ate has some noble goals, particularly We must encourage an infrastructure I yield the floor and suggest the ab- with regard to increasing renewable en- to serve as a barrier against high prices sence of a quorum. ergy, encouraging conservation, fuel OPEC may inflict. Independent oil and The PRESIDING OFFICER (Mr. MIL- efficiency, and addressing global cli- gas producers are this country’s safety LER). The clerk will call the roll. mate change. net for energy security, and it is in our The assistant legislative clerk pro- However, I am concerned that the national interest to preserve and en- ceeded to call the roll. specifics in this bill will not get the hance that infrastructure. Mr. MURKOWSKI. Mr. President, I United States to the shared goal we all Further, the bill provides tax incen- ask unanimous consent the order for have: greater energy independence and tives to consumers to buy hybrid vehi- the quorum call be dispensed with. improving our energy infrastructure. cles which pollute less and consume The PRESIDING OFFICER. Without At issue is a real philosophical dif- less energy. These are positive meas- objection, it is so ordered. ference between the two parties as to ures. I am hopeful we can push them AMENDMENT NO. 2982 TO AMENDMENT NO. 2980 how we should meet these goals. As I through this body, along with some Mr. MURKOWSKI. Mr. President, on look at the bill before me, I am con- support for other alternative methods behalf of Senator STEVENS and myself, cerned the main objectives are accom- of energy production. I send a second-degree amendment to plished through mandates that may As I mentioned, regarding biomass, the desk and ask for its immediate con- not be achievable by the industry we we can have coal-fired plants that can sideration. are trying to grow. Whether it is the burn a portion of biomass in their en- The PRESIDING OFFICER. The CAFE issue or climate change, we need ergy production. That can help with clerk will report the amendment. to focus more on incentives, market- our carbon dioxide emission problems The assistant legislative clerk read based mechanisms, to meet our shared as follows: goals. but also help having localized sources for energy. The Senator from Alaska [Mr. MUR- There are some basic tenets that our KOWSKI], for himself and Mr. STEVENS, pro- conservation energy policy should ad- Securing comprehensive energy policies is one of the most important ef- poses an amendment numbered 2982 to dress that are not included in this bill. amendment No. 2980. The prime issue is our domestic oil and forts this Congress should undertake this year. We should take the time, we Mr. MURKOWSKI. I ask unanimous gas production. The bill has some posi- consent the reading of the amendment tive measures encouraging renewable should take the effort, and we should not just vote along partisan lines but be dispensed with. energy, particularly ethanol, biomass, The PRESIDING OFFICER. Without and biodiesel, of which I am very sup- work back and forth in the amendment process to come up with a good bill at objection, it is so ordered. portive. It neglects to address that we The amendment is as follows: the end of the day. Let the body work need to expand oil and gas in this coun- (Purpose: To protect the jurisdiction of the try. As a result of not having that base its will. Regarding how this bill got to the State of Alaska and provide for workforce in this country, we are forced for reli- training) floor, we need to have the body itself ance on foreign energy. That has nu- At the end of the amendment insert the merously dangerous consequences. In- work its will and not get tied down on following: creasing our domestic production of oil partisan lines. Then at the end of the On page 142 after line 20 insert a new sec- and gas cannot be left out of the en- day we can come up with a national en- tion as follows and renumber all following ergy security equation. Conservation is ergy strategy that is as broad based as sections accordingly: important, but it will not solve the this Nation and the desires here—al- ‘‘SEC. 708. STATE JURISDICTION OVER IN-STATE though our end objective for all of us, DELIVERY OF NATURAL GAS. problem alone. ‘‘(a) Any facility receiving natural gas The problem is larger than just our energy security, is shared by every Member of this body. from the Alaska natural gas transportation domestic situation. It greatly affects project for delivery to consumers within the our foreign policy, as I noted at the Energy is a key engine that drives State of Alaska shall be deemed to be a local outset. If we were freed from our Mid- our economy. Neglecting it forces us distribution facility within the meaning of dle East dependency on oil, there would into international dilemmas that can section 1(b) of the Natural Gas Act, and be important security benefits for our conflict with our security and counter- therefore not subject to the jurisdiction of Nation. Regrettably, at this point, re- terrorism agenda. I urge my colleagues the Federal Energy Regulatory Commission. newables alone cannot accomplish this to work out our differences and pass ‘‘(b) Nothing in this Subtitle, except as provided in subsection 704(e), shall preclude task, but a combination of increased legislation on this vital topic. I am hopeful in one other area that I or affect any future gas pipeline that may be focus on renewable energy, along with constructed to deliver natural gas to Fair- increased domestic production and in- would like to discuss, the area of car- banks, Anchorage, Matanuska-Susitna Val- creased imports from new energy ex- bon dioxide emissions. There are im- ley, or the Kenas peninsula or Valdez or any porters such as the central Asian coun- portant parts of the bill, and I will sub- other site in the State of Alaska for con- tries—and I hope we will be working mit amendments with other Senators, sumption within or distribution outside the with other nations, too—can yield a to reduce carbon dioxide loading into State of Alaska.’’. formula for accomplishing our mutual the atmosphere. I strongly believe we On page 148 after line 2 insert: energy security and independence should go forward with a policy of a ‘‘SEC. 714. ALASKAN PIPELINE CONSTRUCTION trading system, where we go to least TRAINING PROGRAM. goals. It is not a simple equation, but ‘‘(a) Within six months after enactment of I do think we can see through to a so- cost methods and we put in place a this Act the Secretary of Labor (hereinafter lution. marketplace to reduce carbon dioxide referred to as the ‘Secretary’) shall submit a I commend the work done by the Fi- emissions in this country. We have report to the Committee on Energy and Nat- nance Committee in putting together done it previously on issues such as ural Resources of the United States Senate

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1587 and the Committee on Resources of the Valdez and Point Mackenzie in Mr. BINGAMAN. Mr. President, let United States House of Representatives set- Manuska Valley, with the opportunity me speak in favor of the amendment ting forth a program to train Alaska resi- to pursue gas based opportunities Senator MURKOWSKI is offering. I think dents in the skills and crafts required in the when, and if, they work out the eco- it does improve the underlying Daschle design, construction, and operation of an Alaska gas pipeline system that will enhance nomics. amendment. I strongly support it. employment and contracting opportunities Like the remaining states of the I note one thing with regard to the for Alaskan residents. The report shall also union, Alaska needs access to a reliable job training aspect. There is a Federal describe any laws, rules, regulations and and economic source of clean burning job training program that is set up policies which act as a deterrent to hiring energy. North Slope gas answers this under the Workforce Investment Act Alaskan residents or contracting with Alas- need for the Nation and my State. that makes funds available to each kan residents to perform work on Alaska gas The second part of my amendment State for job training. I think we are in pipelines, together with any recommenda- directs the Secretary of Labor to de- agreement that is a very important actions for changes. For purposes of this sec- sign and establish a program in the tivity. We need to be aware of that as tion Alaskan residents shall be defined as State of Alaska to train Alaska resi- we put the budget together this year those individuals eligible to vote within the dents in the skills and crafts necessary State of Alaska on the date of enactment of and as we do the appropriations bills this Act. to enhance their ability to compete for because those job training programs ‘‘(b) Within 1 year of the date the report is jobs and contracts associated with gas are being threatened with major budg- transmitted to Congress, the Secretary shall, pipeline construction. etary cuts under the administration’s directly or through grants or cooperative Because the impact of this project proposed budget. I hope the program agreements, establish within the State of will fall upon Alaskans in a dispropor- authorized in this amendment that Alaska, at such locations as the Secretary tionate manner, it is only fair that Senator MURKOWSKI and Senator STE- deems appropriate, training center(s) for the they be provided with the training nec- VENS have offered will be consistent to express purpose of training Alaskan resi- essary to compete for pipeline jobs in dents in the skills and crafts necessary in the maximum extent possible with the the State. existing workforce training programs the design, construction and operation of gas These training opportunities will be pipelines in Alaska. The training center in the State of Alaska. shall also train Alaskan residents in the available to all Alaskans regardless of I was requested to ask unanimous where they live in the state. skills required to write, offer, and monitor consent that Senator STEVENS be added I point out to my colleagues that contracts in support of the design, construc- as a cosponsor of the underlying there is nothing in this amendment tion, and operation of Alaska gas pipelines. Daschle amendment. I do not believe ‘‘(c) In implementing the report and pro- that gives Alaskans a priority selec- he has been so listed as yet. gram described in this section, the Secretary tion right for pipeline related jobs. shall consult with the Alaskan Governor. The PRESIDING OFFICER. Without Rather, it gives them the training objection, it is so ordered. ‘‘(d) There are authorized to be appro- which will allow them to ‘‘compete’’ priated to the Secretary such sums as may Mr. BINGAMAN. As far as I know, for those jobs. there is strong support for the amend- be necessary, but not to exceed $20,000,000 for My amendment calls on the Sec- the purposes of this section.’’. ment on our side and we could proceed retary of Labor to come up with a plan Mr. MURKOWSKI. Mr. President, if I to a vote. on how to best accomplish the goal of Mr. MURKOWSKI. I thank the com- may just give a brief explanation. enhanced employment opportunities This amendment makes it explicitly mittee chairman. for Alaska residents. The PRESIDING OFFICER. The Sen- clear that the State of Alaska has com- This plan will be transmitted to the plete authority when it comes to regu- ator from Alaska. Congress for our review. This will en- Mr. MURKOWSKI. I do not think I lating in-state distribution of natural sure that this investment will produce gas coming off the Alaska Gas Trans- overlooked adding Senator Stevens on the desired results. this morning. So he is on both the sec- portation System. The greatest investment we can ond-degree and the Daschle amend- It also directs the Secretary of Labor make in any project is investment we ment. to design and establish a program in make in the people who will design, the State of Alaska to train Alaska I urge adoption of the amendment. build, and operate the system. The PRESIDING OFFICER. The residents in the skills and crafts nec- Senator REID said this morning that question is on agreeing to the amend- essary to enhance their ability to com- Alaskans should be grateful that they ment. pete for jobs and contracts associated are likely to end up with at least the The amendment (No. 2892) was agreed with gas pipeline construction. gasline. That comment demonstrates a to. These amendments are needed be- fundamental lack of understanding of Mr. REID. Mr. President, I move to cause the first degree amendment of- the economy of Alaska. Our economy reconsider the vote. fered this morning by the majority does not rely on one resource any more Mr. MURKOWSKI. I move to lay that leader falls short of protecting Alas- than this Nation can rely on a single motion on the table. kan’s prerogative to regulate in-State energy source. The gas pipeline, if con- The motion to lay on the table was distribution of gas coming off the Alas- structed, will provide the foundation agreed to. ka Natural Gas Transportation Sys- for the potential development of a pe- Mr. REID. Mr. President, if I could tem. I want to highlight in-State dis- trochemical industry in my State. address my friend from Alaska and the tribution. ANWR, on the other hand, is a resource manager of the bill, Senator BINGAMAN, This ability to control their own des- destined for consumption in the lower we now have the Daschle amendment tiny is critical to the long-term cre- 48. In addition, ANWR is critical to the pending. We have been talking about it ation of jobs and the establishment of economic, health, and education future most all the day. I am wondering if we a gas based industry in my State. for the peoples of northern Alaska, es- can agree on some time to vote on it. The economic future of Alaska rests pecially the Inupiat who live on the We have a number of people wishing to with the development of its natural re- Coastal Plain. These are entirely sepa- speak, but we cannot do that until we sources—key to the utilization of these rate issues and both offer considerable have this amendment disposed of, or at resources is the ability of the State to benefits to the State and to this Nation least a time set for the vote. The Sen- manage their in-State use. if we simply have the understanding ator from Georgia wishes to speak. The My amendment accomplishes this and courage to do what is right. Senator from South Carolina has an with respect to North Slope natural While this amendment will rectify extremely important piece of legisla- gas—it puts Alaskans in a position to some of the shortages in the original tion he wants to introduce and speak guide their own future. proposal put forward by the majority about that for awhile. Until we have a They will decide how and under what leader, it will be necessary to offer sev- time to vote, I don’t think we can conditions gas will be distributed with- eral additional amendments that we move off this legislation. in the State of Alaska. are still trying to work out. Mr. MURKOWSKI. I have no objec- It will provide locations across Alas- For the moment, however, I urge my tion to trying to set a time. ka like Anchorage, Fairbanks, the colleagues to join with me in support Mr. President, we understand there is Kenai Peninsula, Delta Junction, and of this second-degree amendment. another Member coming over who may

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1588 CONGRESSIONAL RECORD — SENATE March 6, 2002 offer a second-degree. I guess we will Mr. REID. Madam President, the on the tailgates of pickup trucks after have to wait. Senator from Georgia, Mr. MILLER, a long day’s work than have been Mr. REID. Mr. President, I suggest wishes to make a statement now in resolved anywhere. the absence of a quorum. gard to this bill, and he has an amend- I do not rise to speak often in this The PRESIDING OFFICER. The ment which he is not going to offer but hallowed Chamber. I am still learning clerk will call the roll. wishes to talk about. I ask unanimous the complexities of being a Senator. I The assistant legislative clerk pro- consent that he be allowed to speak— envy my learned colleagues who can ceeded to call the roll. we have received permission from the speak with such great assurance on so Mr. REID. Mr. President, I ask unan- Senator from Alaska, even though we many subjects. But, Madam President, imous consent the order for the probably do not need it other than to on this one you can trust this man quorum call be rescinded. call off the quorum; we appreciate his from the mountains of North Georgia. The PRESIDING OFFICER. Without courtesy—for up to 15 minutes. If this amendment fails, the tailgates objection, it is so ordered. The PRESIDING OFFICER. Without of rural America are going to drop, and Mr. REID. Mr. President, I have objection, it is so ordered. The Senator it will be a clank that will reverberate checked with my counterpart, Senator from Georgia. from now through November because NICKLES, and the two managers of the Mr. MILLER. Madam President, I then the conversation at the end of the bill, and they are in agreement that rise today in defense of that great day on the back of a pickup as the Sun the Senator from Nevada, Mr. ENSIGN, American workhorse: The pickup goes down will not be about the farm can speak as in morning business for a truck. I am proud to sponsor, along or the family or the State or the Na- period up to 6 minutes. with my friend, Senator GRAMM of tion; the subject will be how to get rid The PRESIDING OFFICER. Without Texas, an amendment that would ex- of us in the next election. objection, it is so ordered. empt all pickup trucks from the higher Every election year we talk a lot (The remarks of Mr. ENSIGN and Mr. CAFE standards that have been pro- about all those soccer moms out there REID are printed in today’s RECORD posed. and how they vote in such high per- under ‘‘Morning Business.’’) This is a very simple and short centages. Well, there is another group Mr. REID. Mr. President, I suggest amendment. Pickups are now required out there that votes in a very high per- the absence of a quorum. to meet a standard of 20.7 miles per centage. They are the pickup pops. In The PRESIDING OFFICER. The gallon, and our amendment would sim- fact, I would bet pickup pops go to the clerk will call the roll. ply freeze pickups at that standard. All polls in higher percentages than any The assistant legislative clerk pro- pickups would be exempt from any other Democratic group out there, and ceeded to call the roll. higher mileage standard proposed in Mr. REID. Mr. President, I ask unan- they also have long memories. this legislation. If these higher CAFE standards are imous consent that the order for the Some have said we should only ex- applied to pickups, they will be made quorum call be rescinded. empt the very largest pickups from the The PRESIDING OFFICER. Without unaffordable for many, and unsafe for higher standards. That would only objection, it is so ordered. all, and that will hurt those pickup Mr. REID. Mr. President, I have spo- cover a small percentage of the pickups pops. It will hurt the working man. It ken to the Republican manager of the that are on the road, and I do not think will hurt rural America. bill and my friend the Senator from that is good enough. Our amendment We are big on acronyms in Congress, Oklahoma. They have graciously con- says all pickups will be exempt from and quite frankly they can be a little sented to allow the chairman of the the higher CAFE standards. deceiving and confusing. I cannot even We absolutely should not impose Commerce Committee to speak for up keep up with all of them. When we talk these higher mileage standards on our to 15 minutes as in morning business about CAFE and CAFE standards, most pickups. We absolutely should not im- relative to introduction of a bill. folks think we are talking about res- The PRESIDING OFFICER. Without pose the undue safety risk and extra taurants. objection, it is so ordered. The Senator cost of these CAFE standards on our People in rural America also under- from South Carolina. farmers, our rural families, and our stand what an acronym is, and I think Mr. HOLLINGS. Mr. President, I small businesses that rely so heavily on this issue they would say that thank the most distinguished assistant on the pickup. ‘‘pickup,’’ P-I-C-K-U-P, is an acronym majority leader. We have had a lot of conversation for ‘‘People in Congress Keep Us Per- about the state of the economy these (The remarks of Mr. HOLLINGS per- plexed.’’ Let us not keep them per- taining to the introduction of S. 1991 days, and we hang on every word of plexed anymore. Alan Greenspan, Robert Rubin, and the One of the first things I noticed when are located in today’s RECORD under ‘‘Statements on Introduced Bills and like, about the recession and when we I came to Washington, DC is that you Joint Resolutions.’’) are coming out of it. I knew a fellow hardly ever see a pickup. They are Mr. HOLLINGS. Mr. President, I back in Georgia. He did not have a scarce in Washington, DC, but they are thank Senator REID, Senator BINGA- Ph.D. in economics; he would have not scarce outside the beltway, out MAN, and Senator MURKOWSKI for their thought Ph.D. stood for ‘‘post hole dig- there in middle America. courtesy. I yield the floor. ger.’’ But he was one of the wisest men I want to show this chart. In 1999, The PRESIDING OFFICER. The Sen- I ever knew. He told me years ago that pickup trucks accounted for almost 18 ator from New Mexico. if you really want to know when times percent of all registered vehicles in Mr. BINGAMAN. Mr. President, I ask are bad, take notice of the number of this country. In 29 States, these red unanimous consent that the previously people having to sell their pickups. and blue States—that is more than half agreed to amendment No. 2982 be in Look at the ads in the paper and the of our States, of course—pickups order. ‘‘for sale’’ signs in the yards. The more amounted to as much as 20 to 37 per- The PRESIDING OFFICER. Without you see, the worse it is because pickups cent of all the registered vehicles. In objection, it is so ordered. are the very symbol of the working the year 2000, drivers in this country Mr. BINGAMAN. I suggest the ab- man. As the pickup goes, so does the bought 3.18 million pickup trucks. That sence of a quorum. working man and the very heart of this makes pickups the third most popular The PRESIDING OFFICER. The country. choice of vehicle for American drivers. clerk will call the roll. Madam President, a pickup truck has So pickups may not be prevalent in The assistant legislative clerk pro- two ends to it: A working end and a Washington, DC, but pickups are pop- ceeded to call the roll. thinking end. Of course, the working ular across the rest of America. When Mr. REID. Madam President, I ask end is the engine in the front. I would all this talk about CAFE started last unanimous consent that the order for like to tell you about the thinking end year, I got worried Washington was the quorum call be rescinded. in the back. going to stick it to the pickup owners The PRESIDING OFFICER (Ms. STA- I submit that the back of a pickup is of this Nation, so I tried to write a BENOW). Without objection, it is so or- the think tank of rural America. I sus- song about it. I am no ORRIN HATCH, dered. pect more problems have been solved but I tried to write a song about it with

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1589 my good friend, Jack Clement, in Nash- underlying Daschle-Murkowski amend- Mr. NICKLES. Madam President, I ville. It is called the ‘‘Talking Pickup ment. We hope that will be accom- suggest the absence of a quorum. Truck Blues.’’ I will spare everyone the plished soon. We are waiting to hear The PRESIDING OFFICER. The agony of my singing, but I want to from one person whether or not we can clerk will call the roll. share one verse. It goes something like proceed with that vote. Members The legislative clerk proceeded to this: should be alerted we are going to see if call the roll. Sure, an SUV is classy travel, but it ain’t we can have a vote this evening. Mr. NICKLES. Madam President, I much good for hauling gravel, or hay seed or I suggest the absence of a quorum. ask unanimous consent the order for bovine feces. So please do not make my pick- The PRESIDING OFFICER. The the quorum call be rescinded. up truck an endangered species. clerk will call the roll. The PRESIDING OFFICER. Without Now, I will be the first to admit that The legislative clerk proceeded to objection, it is so ordered. song has not climbed to the top of the call the roll. Mr. NICKLES. Madam President, for charts, but here is the point we are Mr. REID. Madam President, I ask the information of our colleagues, we are going to be voting momentarily. I making: Do not mess with the working unanimous consent the order for the appreciate the cooperation of my machine of the American road. Do not quorum call be rescinded. friend from New Mexico for postponing mess with pickups. Farmers depend on The PRESIDING OFFICER. Without objection, it is so ordered. the vote for just a moment. them. Families in rural America de- I urge my colleagues to vote against Mr. REID. Madam President, I would pend on them. Small businesses across the Daschle amendment, which was like to express my appreciation to ev- this country depend on them, small also modified by my friend and col- businesses such as construction compa- eryone for their cooperation at this league, Senator MURKOWSKI, because it point in this debate. There has been nies and home builders. mandates that we pick the southern some very good debate. It has been One of the greatest economic engines route for a major gas pipeline to go heartfelt on both sides. But I think we we have in this country is the housing through Alaska. That may be the best are moving forward with this legisla- industry. You can go to any construc- route. There are other possibilities, tion. tion site across America and see at other alternatives. least a half dozen pickups. Plumbers As Senator MURKOWSKI said earlier There is a northern route. It is sev- drive them. Electricians drive them. today, this is only preliminary. We eral hundred miles shorter. It may be Painters drive them. Carpenters drive have many difficult issues on this bill more economical. Most of the northern them. Raise the cost of a pickup truck that are going to come forward in the route goes through the Mackenzie and more than just pickup owners will next few days. So we have to recognize River Delta which is on a pretty flat be harmed; entire industries will be we may have some late nights. We may plain and would not require going hurt—the housing industry and others have to work long and hard on this leg- through 900 miles of mountains. that rely heavily on pickups. islation. I do not know which one we should Folks buy pickups not because they I ask unanimous consent the time choose. I do not think that Congress are affordable and they are safe. They until 5:50 today be divided equally and should choose it. I do not think we buy them because they get the job controlled for debate with respect to should mandate it without more sig- done, whatever that job may be, wheth- the Daschle amendment No. 2980, as nificant oversight and discussion. er it is pulling a trailer full of cattle or modified and amended, and at 5:50 p.m. I would like to hear the experts. I hauling lumber to a construction site today the Senate vote on the amend- would like to hear the environmental- or driving on gravel and dirt roads in ment, with no further second-degree ists. I would like to have some input rural America. There are times when amendments in order thereto. from a lot of people. And I would like only a pickup will do. The PRESIDING OFFICER. Is there to have an idea how much the alter- So I urge my colleagues, who rep- objection? natives would cost. resent the millions of pickup owners Without objection, it is so ordered. I have heard that the pipeline route across this country, when this amend- Who yields time? that Senator DASCHLE is trying to ment comes up at a later date to vote Mr. REID. Madam President, I ask mandate, the southern route—going for this amendment. We must exempt unanimous consent the unanimous con- through Alaska, and then going the American workers, the pickup sent agreement I just propounded be through Canada—would cost about $20 truck, from these higher CAFE stand- amended to begin the vote at 5:45 p.m. billion. I do not know. I do know that ards. today. in the underlying bill there is a $10 bil- Like the last verse in my song goes: The PRESIDING OFFICER. Without lion loan guarantee. We have never had So help us, Lord, and let there be a little objection, it is so ordered. a hearing on the loan guarantee. We wisdom in D.C. Mr. REID. I suggest the absence of a have never had a hearing on how this is The PRESIDING OFFICER. The Sen- quorum. going to be financed, whether it needs ator from New Mexico. The PRESIDING OFFICER. The governmental assistance or not. Mr. DOMENICI. Madam President, I clerk will call the roll. I think it is wrong for us to dictate ask unanimous consent that I be per- The legislative clerk proceeded to we go this particular way and other op- mitted to speak for 3 minutes as in call the roll. tions cannot be considered. I would morning business. Mr. BINGAMAN. Madam President, I like to think we believe in the free The PRESIDING OFFICER. Without ask unanimous consent the order for market system enough to where we objection, it is so ordered. the quorum call be rescinded. would let the marketplace decide what (The remarks of Mr. DOMENICI are The PRESIDING OFFICER. Without is the best route, what is the most eco- printed in today’s RECORD under objection, it is so ordered. nomical route, what is the route that ‘‘Morning Business.’’) AMENDMENT NO. 2980, AS MODIFIED will do the least environmental dam- Mr. BINGAMAN. I suggest the ab- Mr. BINGAMAN. Madam President, age. Instead, we have people coming up sence of a quorum. what is the regular order? and saying: Oh, wait a minute, I have The PRESIDING OFFICER. The The PRESIDING OFFICER. The talked to a couple politicians. We are clerk will call the roll. question is on agreeing to amendment going to mandate the southern route The legislative clerk proceeded to No. 2980, as modified and amended. with very little discussion or debate. call the roll. Mr. BINGAMAN. Madam President, I Let’s let the marketplace decide. Mr. REID. Madam President, I ask ask for the yeas and nays on that Let’s get some input from a lot of peo- unanimous consent the order for the amendment. ple. I do not think we are doing that in quorum call be rescinded. The PRESIDING OFFICER. Is there a this case. I do not think this is a good The PRESIDING OFFICER. Without sufficient second? way to legislate. objection, it is so ordered. There appears to be a sufficient sec- I do not think we know how much it Mr. REID. Madam President, we are ond. will cost. I do not think we have an in the process of getting agreement for The clerk will call the roll. idea of the environmental impact. In- a vote in the next few minutes on the The legislative clerk called the roll. stead, we are just going to have a 2-

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1590 CONGRESSIONAL RECORD — SENATE March 6, 2002 hour debate on the floor, and then we say we should enjoy a portion of this Mr. MURKOWSKI. Madam President, are going to say: Let’s go make a deci- resource that comes from under our I thank my colleagues, Senator BINGA- sion on a $20 billion pipeline. own State lands and to utilize it in a MAN and Senator REID, the majority Do we need a loan guarantee? Do we way that will mean a future job base leader, and others for their cooperation need Federal assistance? Do we need to and future low energy costs for the one in seeing that the basic Daschle have Federal financing for this project? area of our country that pays the high- amendment, which was laid down, and I think we are moving pretty quickly est energy costs, and that is the area the second degree, which was accepted, here. I would hope we would be silent that this pipeline will come through clearly make this project much more and assume we could go through the and down to the border of Canada. feasible because it gives Alaskans the regulatory process. That is the only route that is going option on the southern route that sug- We have built hundreds of miles of to be built. I hate to tell my friend gests we will benefit the State in many pipeline through my State, and we this. I told the industry that that line ways, not only for Fairbanks but for have never had Federal legislation des- would go east over my dead body. I am all utilization of gas within the State, ignating what you have to do, nor have not about ready to leave this world. for Point Mackenzie, for the Kenai we had State legislation designating The PRESIDING OFFICER. The Sen- area, for Valdez, and for the Mata- what you have to do. ator from Nevada. nuska Valley. I question the wisdom of us man- Mr. REID. Madam President, it is my As Senator STEVENS indicated quite dating one particular route at this par- understanding there has been a vote or- strongly in his opinion on the necessity ticular time. So I urge my colleagues dered at 5:50; is that right? of this happening, it clearly gives us an to vote no on the Daschle amendment. The PRESIDING OFFICER. Yes, that opportunity to have some secondary The PRESIDING OFFICER. The Sen- is correct. industries in Alaska to support our ator from Alaska. Mr. REID. So the regular order would young people, the greatest natural re- Mr. STEVENS. Madam President, I be for us to begin voting; is that right? source we have—I am most apprecia- am sad to disagree with my friend from The PRESIDING OFFICER. The Sen- tive—as well as the job training that is Oklahoma. I point out to the Senate ator is correct. provided in this bill. I encourage my that this oil and gas is produced on The Senator from Oklahoma. colleagues to vote in favor of it. State lands, with State leases. And our Mr. NICKLES. Madam President, I The PRESIDING OFFICER (Ms. State law prohibits the rights-of-way ask unanimous consent to speak for 1 CANTWELL). All time has expired. The for this gas to be moved on the north- minute. question is on agreeing to amendment ern route. It is within our province to The PRESIDING OFFICER. Is there No. 2980, as modified, as amended. guide the course of this asset of our objection? The yeas and nays have been ordered. State so that we might enjoy part of it. Mr. REID. Madam President, I ask The clerk will call the roll. If this gas goes east from Alaska, unanimous consent that the Senator The legislative clerk called the roll. Alaskans will never enjoy one single from New Mexico be given 2 minutes. Mr. NICKLES. I announce that the benefit from it except a portion of the So Senator NICKLES, 1 minute; Senator Senator from Virginia (Mr. WARNER) wellhead price coming to us as royal- BINGAMAN for 2 minutes; and then we and the Senator from Kansas (Mr. ROB- ties. We will not have any right to use vote. ERTS) are necessarily absent. it in our second largest city, in Fair- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Are there banks, along the Alaska highway going objection, it is so ordered. any other Senators in the Chamber de- out of Alaska into Canada. This is a Mr. NICKLES. I thank my friend and siring to vote? very dynamic area from the point of colleague. The result was announced—yeas 93, view of tourism. I tell my friend from Alaska, I have nays 5, as follows: In addition to that, we have two no desire whatsoever for him to depart [Rollcall Vote No. 41 Leg.] major bases there, Wainwright and this world at this particular moment YEAS—93 Eielson, and the national missile de- or any time in the not too distant fu- Akaka Dodd Lincoln fense system is right alongside that ture. Also, it is not my intention to say Allard Domenici Lott Allen Dorgan Lugar road. This gas must come south. My that the northern route is preferable to Baucus Durbin McConnell State has recognized that and has now the southern route. I just don’t think Bayh Edwards Mikulski passed legislation, signed by the Gov- we should mandate that it be the Bennett Ensign Miller Biden Enzi Murkowski ernor, that specifies that no route will southern route. It may well be, due to Bingaman Feingold Murray be allowed going east on these State the information our colleagues have Bond Feinstein Nelson (FL) lands. This gas must exit State lands had, the southern route is the preferred Boxer Fitzgerald Nelson (NE) before it can go either east or south. route. I am not saying it is not. I just Breaux Frist Reed Brownback Graham Reid We have spoken as a State. We under- don’t think it should be mandated by Bunning Grassley Rockefeller stand there may be some problem for this legislation that it be the southern Burns Gregg Santorum us downstream. The Senator from route, when we may find out that it Byrd Hagel Sarbanes Campbell Harkin Schumer Oklahoma would know, it may well be costs twice as much as some other al- Cantwell Hatch Sessions that the wellhead price of this gas will ternative. Carnahan Helms Shelby be lower and our share of that wellhead I yield the floor. Carper Hollings Smith (NH) gas will be lower. But we will have ac- The PRESIDING OFFICER. The Sen- Chafee Hutchinson Smith (OR) Cleland Inhofe Snowe cess to the gas. We will have a chance ator from New Mexico. Clinton Inouye Specter to build the industry that might well Mr. BINGAMAN. Madam President, I Cochran Jeffords Stabenow utilize this gas in our State. strongly support the amendment on Collins Johnson Stevens This is the same problem that came which we are about to vote. It has the Conrad Kennedy Thomas Corzine Kerry Thompson up in the oil pipeline. When the pipe- support of the Alaska delegation, as Craig Kohl Thurmond line route came through, there was an Senator STEVENS indicated, as Senator Crapo Landrieu Torricelli argument whether we should be able to MURKOWSKI has indicated. It has the Daschle Leahy Voinovich Dayton Levin Wellstone take oil out of that pipeline around support of the Governor of Alaska. It is DeWine Lieberman Wyden Fairbanks. As a matter of fact, we have totally consistent with the action this won that argument. We do take out oil. Congress took in 1976 with the Alaska NAYS—5 We run it through two different refin- Natural Gas Transportation Act. It is Gramm Kyl Nickles Hutchison McCain eries, and it is one of the greatest clear to me that this is the correct pol- sources of aviation fuel for our coun- icy for the Congress to adhere to at NOT VOTING—2 try. It is available in the Nation’s larg- this point. I urge my colleagues to sup- Roberts Warner est cargo landing port at the inter- port the amendment. The amendment (No. 2980), as modi- national airport at Anchorage. I yield the floor. fied, as amended, was agreed to. I disagree with my friend from Okla- The PRESIDING OFFICER. The Sen- Mr. REID. Madam President, I move homa. I think we have every right to ator from Alaska. to reconsider the vote.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1591 Mr. KYL. I move to lay that motion the Federal Government involved in re- the U.S. Government some years ago, on the table. tail matters, with a utility serving its an area called the Arctic National The motion to lay on the table was customers in matters such as real-time Wildlife Refuge or ANWR. agreed to. pricing, net metering, and consumer The facts have gotten very confused Mr. REID. The Senator from Arizona protection issues. That is not the busi- by people who do not support this pro- has been patient during the day, and he ness of the Federal Government. posal. The area we are talking about is wishes to speak on the bill for up to 10 It gives FERC broad authority with about the size of the State of South minutes. Although we need to leave, he respect to the interstate transmission Carolina. But the amount of land that has indicated he has a very difficult grid. There is some authority here. One would actually be exposed to explo- day tomorrow. I ask unanimous con- can make the case that on interstate ration is no larger than the footprint of sent the Senator from Arizona be al- matters FERC should be able to help an airport in most of our communities, lowed to speak on the bill for up to 10 open up the market for easier trans- including, if you want the exact acre- minutes. mission of energy. I think we can work age, Dulles Airport outside of Wash- The PRESIDING OFFICER. Without some provisions out that provide ington, DC, or Sky Harbor Airport in objection, it is so ordered. broader authority to FERC even in my home State of Arizona. Out of an The Senator from Arizona. that area. We have to be careful that area the size of South Carolina, we Mr. KYL. I thank the Senator from we do not ‘‘socialize the costs,’’ which have an area the size of an airport in Nevada for his courtesy. I will summa- is the term used by one official, with which the drilling would occur. rize my remarks and try to find an- respect to how the costs will be allo- It is simply not possible to have the other time to expand on some of my cated. We are going to have to treat degradation of the environment that thoughts. I appreciate his courtesy. the costs in a very fair way and make some claim with the modern tech- There is a big difference between sure the existing customers are not the nology that would be used to provide what the President has proposed in losers, that a utility that currently for this production and the small area terms of an energy policy and the bill serves them can continue to do that, and the environmentally friendly ways we are beginning to debate on the floor and they will not have to pay the cost in which it would be done. The drilling of the Senate. The President’s energy of someone else coming to connect to pads are 80 percent smaller than they policy, I believe, was a very well bal- the grid. were a generation ago. You can lit- anced set of recommendations that There are a lot of issues with respect erally get oil 6 miles away by drilling would have helped achieve the goal of to this electric restructuring to which down 2 or 3 miles and drilling out 2 or energy efficiency, less dependence upon we are going to have to pay attention 3 miles and in that way keep your foot- foreign sources of oil, and a series of that we could have resolved in com- print to a very small area. The critics have said there is not steps of progress toward changes in our mittee if we had the opportunity. policy that would result in more envi- The second has to do with nuclear very much oil, so it is not worth the ef- ronmentally friendly fuels and a vari- power. The bill itself, unfortunately, fort. I will state how much: It is 600,000 ety of reforms almost everybody is does not adequately deal with the need barrels of oil per day, which is almost the same amount of oil we are import- willing to support. to modernize the law with respect to ing from the country of Iraq. It is the Unfortunately, the President’s pro- the provision of nuclear power. It does supply of oil we get from the country posals were not met with support by extend the Price-Anderson Act for 10 of Iraq for 40 years. That is a lot of oil. many on the other side of the aisle. As years but only for DOE contractors. If we get into a conflict with Iraq, we a result, even though I believe there For those not aware, that is the liabil- will wish we had an alternative source was sufficient support in the Energy ity protection that has historically so we would not have to rely upon pur- Committee, on which I sit, for many of been provided to nuclear generators to the reforms that the President has pro- chasing it from Iraq. ensure that they would be able to pro- Suffice it to say, if we are going to be posed, our committee was not allowed vide the power and not have to worry serious about increasing our energy to deal with this matter. The only about the insurance costs for some cat- production, we are going to have to be hearings held were a long time ago and astrophic accident. able to drill for oil in Alaska. did not deal with most of the specifics There will be an amendment offered There is a provision of the bill deal- of the legislation. We were never per- to add the NRC licensees, which are the ing with CAFE standards, setting the mitted to mark up the legislation. In commercial powerplant operators, to miles per gallon that cars have to fact, the bill that is on the floor today this Price-Anderson protection. I be- meet. While all Members are desirous has undergone iterations, and I am not lieve that will pass. I think most recog- of trying to improve the miles per gal- precisely sure I have the very last nize that is going to be necessary. lon that our cars meet, the only way version. There are 103 nuclear powerplants op- we have found to do that has, as a re- In terms of process, we are suffering erating in the United States today, insult, caused an increased number of under an inhibition of the primary cluding 3 in my home State of Arizona. automobile fatalities. The National committee of jurisdiction never having They supply almost a quarter of the Academy of Sciences, certainly an un- had the opportunity to work out de- power in the United States in a very biased source, found that previous fuel tails, to try to smooth out rough edges, environmentally safe manner—no economy measures likely resulted in and resolve differences that probably emissions, no gases such as nitrogen 1,300 to 2,600 additional crash fatalities could be resolved if we had taken the oxide, sulfur dioxide, or other gases annually, which is the equivalent, ac- time to do that in the committee that threaten the environment. Nu- cording to the National Safety Council, structure. It is hard to write a complex clear energy, of course, is the most effi- of wiping out the recent hard-won bill during its consideration on the cient. It costs 1.83 cents per kilowatt gains of safety belt use, airbags, or floor of the Senate. Yet that is what we hour compared to 2.08 per kilowatt drunk driving legislation. will have to do. As a result, I am afraid hour for coal-fired plants. We need to The point is we have had a lot of peo- we are not going to end up with a prod- work to ensure that the nuclear provi- ple unnecessarily killed on our high- uct that would be nearly as good as it sions of the bill are modernized. We ways because we have had to make cars would have otherwise been. will have amendments to present to do lighter in order to meet these CAFE Let me mention several aspects of that. standards. It seems to me we have to the bill that are going to need a lot of One of the most contentious parts of weigh the benefits that might be work. I will briefly address four or five the bill relates to increasing our abil- achieved—might be achieved—in terms of them. The bill is written to restruc- ity to generate oil and gas production of fuel savings on the one hand and the ture the electric energy industry. This in the United States so we do not have saving of lives that would be achieved is a very complex and difficult subject. to rely so much on foreign sources of on the other hand if we do not care- I think it is done in a very clumsy way. oil. This gets primarily into the ques- lessly move forward with these CAFE It preempts a lot of State authority. It tion of whether we should be able to standards. gives a lot of authority to FERC, large- explore for oil in an area of Alaska Once again, we will have an amend- ly at the expense of the States. It gets that was set aside for that purpose by ment that will have to deal with that.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1592 CONGRESSIONAL RECORD — SENATE March 6, 2002 I will have amendment also to deal hero from my home State of New Mex- Cunningham, who grew up in Carlsbad and with other subjects. There will be other ico—I see Senator BINGAMAN so I think Farmington and recently lived in Gallup, amendments that will attempt to im- it is appropriate to say ‘‘our home once considered becoming a SEAL as a Navy prove the underlying bill. State’’—Senior Airman Jason Cunning- petty officer. He had passed the Navy’s fit- ness test but decided to move to the Air My bottom line is this. In this brief ham. He lost his life this week while Force. opening set of comments, I just want trying to save the life of another serv- ‘‘I didn’t want to kill people,’’ Cunningham to make the point that the bill before iceman in eastern Afghanistan. told Airman magazine, an Air Force publica- us is not the bill that the President I express my heartfelt condolences to tion, in October 2000. ‘‘I wanted to save recommended. It is not the bill that I Jason’s wife Theresa; his daughters, 2- them.’’ think could have come out of com- year-old Hannah and 4-year-old Kyla; Cunningham, 26, died trying to save an- mittee. It is a bill that requires a lot of as well as his parents Larry and Jack- other serviceman Monday. He was one of eight soldiers killed in renewed fighting in work. It is going to take a lot of time. ie. I know I speak for all New Mexicans eastern Afghanistan. When we try to do the amending proc- when I say how proud we are of your The remains of seven of those servicemen ess on the floor of the Senate, we don’t husband, father, and son, and that our arrived Tuesday at Ramstein Air Base, Ger- necessarily end up with the best of thoughts and prayers are with you. many. products—just because of the way we Jason was a member of the Air Jason’s parents, who live in Gallup, have to proceed. It is regrettable we Force’s elite pararescue team whose learned of their son’s death Tuesday morning. have to do it that way, but since we are mission is to rescue downed pilots in ‘‘We’re very proud of our baby,’’ Jackie opened up to a series of amendments, hostile territory. He joined the 38th Cunningham said of her son as she tried to then I think we will have to have the Rescue Squadron because it was his hold back tears at a family news conference indulgence of everyone as we present passion to save lives, and that is ex- on the lawn outside their blue ranch-style and debate those amendments and actly what Jason and his comrades home. hopefully get them passed. were doing this week when he came ‘‘Jason died doing what he liked to do, save The PRESIDING OFFICER. The Sen- under heavy fire from the al-Qaida lives,’’ said his father, Larry ‘‘Red’’ Cunningham, choking on his words as he ator from Nevada. force. read a brief statement. f During an attempt by our forces to Since last summer, Cunningham, a senior land a reconnaissance team in a moun- airman, was stationed at Moody Air Force MORNING BUSINESS tainous region known to be inhabited Base near Valdosta, Ga., with his wife, The- Mr. REID. Madam President, I ask by al-Qaida and Taliban, one troop fell resa, and two daughters, 2-year-old Hannah unanimous consent the Senate now from a helicopter when it was hit by and 4-year-old Kyla. He was deployed Feb. 1, proceed to a period of morning business enemy fire. Later, it was Jason and his his family said. with Senators permitted to speak for ‘‘We last heard from him on Saturday,’’ rescue team who bravely went into the the father said. up to 5 minutes each. area where the trooper and helicopter Cunningham was the middle child of the The PRESIDING OFFICER. Without were down in an attempt to extricate family. Standing next to his parents were his objection, it is so ordered. him. A heavy fire-fight ensued and brother, Chris, 29, of Washington state, and f Jason and five other Americans lost his sister, Lori, of Farmington. their lives. The family said memorial services will be REMEMBERING FORMER SENATOR in Georgia and in Carlsbad this week. A fu- HOWARD CANNON I know that words are of little con- neral and burial are planned for next week in solation at such a difficult time for Ja- Camarillo, Calif., where his wife is from. The PRESIDING OFFICER. The Sen- son’s loved ones, but I want his family Cunningham was born and raised in Carls- ator from Nevada. to know that all New Mexicans—this bad. The family moved to Farmington just Mr. REID. Madam President, it is a Senator, and I am certain my col- before his high school years. After grad- very sad day because Nevada lost one league, Senator BINGAMAN—mourn uating from high school, Cunningham went of its great citizens—Howard Cannon with them today. I am sure that for Ja- into the Navy for four years before moving died today. son’s heroics his country will bestow to the Air Force. Howard Cannon served in the Senate Cunningham began the Air Force’s upon him one of the most highly re- pararescue school, a grueling 21-month train- for 24 years. He left the Senate in 1982. spected honors it can give, the Purple ing program that few finish, about 21⁄2 years He was a wonderful man. I have great Heart. Such valor deserves no less. ago. memories of him when I worked as a The loss of such fine Americans as Training for pararescuemen, or PJs, con- police officer, when I was going to law Jason in the war on terrorism can be cludes at Kirtland Air Force Base. school. Howard Cannon had been a bar heartrending, but as a nation we must Cunningham graduated from the school on July 7, when he donned the group’s maroon examiner before coming back here. He honor the sacrifices of men and women was a very fine lawyer, had a great beret, Kirtland officials said. like Airman Cunningham and remain He belonged to the 38th Rescue Squadron. legal mind. He tutored me, as busy as steadfast in our resolve to protect our Tech. Sgt. Tim Donovan, a supervisor for he was as a Senator, to help me pass freedoms and liberty from terrorism. air operations with the school at Kirtland, the bar. I am always grateful for that. President Bush has told us many called Cunningham ‘‘kind of silly, kind of I am grateful for all he did for me as I times that this war would not be quick goofy,’’ with a heart totally dedicated to the moved up the political ladder to dif- pararescue mission. or easy, and it would be good to re- ‘‘He had several setbacks that he overcame ferent offices. member that while we mourn the loss I remember the first political office I and persevered through all the training,’’ of a good man like Jason Cunningham. Donovan said. ‘‘He never quit. He was totally ran for was the hospital board. His I ask unanimous consent that a de- focused. . . . chief of staff, Jack Conlin, through tailed statement surrounding the ‘‘A lot of times you have kids who don’t Senator Cannon, gave me some money young man and his family headlined feel they have their hearts into it or they’re for this race. He was always very car- ‘‘New Mexican Dies Trying to Save just in it for the beret or they’re doing it for ing about me, and I cared a great deal Others’’ from the Albuquerque Journal, something other than the motto (That Oth- about him. I do have, though, some sat- ers May Live). That wasn’t him at all.’’ be printed in the RECORD. Cunningham is the fourth pararescueman isfaction because just a couple of There being no objection, the mate- the Air Force has lost in the past three weeks ago, on his 90th birthday, I came rial was ordered to be printed in the months. The Air Force has about 300 to the Senate and talked about what a RECORD, as follows: pararescuemen. fine man he was, how much he had NEW MEXICAN DIES TRYING TO SAVE OTHERS ‘‘They’re a small, tight-knit community, done for the State of Nevada. I talked and all of them will most assuredly feel the (By Miguel Navrot) to him that day on the telephone. loss of one of their own and mourn his pass- Jason Cunningham was one of the best the ing,’’ Kirtland spokeswoman 2nd Lt. Kelley f Air Force had to offer. Jeter said Tuesday. COMMEMORATING SENIOR AIRMAN Cunningham served as a pararescueman— Theresa Cunningham spoke to her parents JASON CUNNINGHAM trained to rescue downed pilots from the early Tuesday. most hostile of enemy areas—in one of the ‘‘She was hysterical. She talked to her Mr. DOMENICI. Madam President, I military’s elite teams, sometimes compared mom and said, ‘Jason is dead.’ That’s it,’’ rise today to commemorate a fallen to the Navy SEALs. said her father, Lito D’Castro.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1593 ‘‘He’s a nice guy. He loves the service,’’ erences to ‘‘ancient tribal hatreds’’ at though the international community D’Castro said from Camarillo. the source of violence, we now know adopted the definition of the crime of D’Castro said the last time he saw that the genocide was not a series of genocide following the holocaust, it Cunningham was when he visited Camarillo spontaneous acts; it was not about was the ICTR that launched the first at Christmas-time. Cunningham was one of seven Americans crowds gone wild or tribal bloodlust. It successful investigation and prosecu- who died in the bloodiest operation of the was carefully planned and centrally di- tion for that crime. It was the first- war in Afghanistan. They were killed as rected. Extra machetes had been im- ever international tribunal to convict troops were being taken into the battle area ported, militia groups were in place, an individual of rape as a crime against on two different missions, the Pentagon said and incitements to murder had become humanity and to rule that rape can be Tuesday. a regular element of programming on a crime of genocide. The Tribunal was Early Monday, a two-helicopter team was the hate-radio station. The planners the first such institution to actually ferrying in reconnaissance troops south of targeted not only ethnic Tutsis, but convict a national leader, the former Gardez when one was hit by enemy fire, said also politically moderate Hutus who Brig. Gen. John W. Rosa Jr., deputy director Prime Minister of Rwanda, of genocide. of operations for the Joint Chiefs of Staff. threatened their grip on power. We The court has established principles of One soldier fell from a helicopter and later know today that individual people— international law that will be studied died, Rosa told a Pentagon news conference. leaders and planners—are responsible in law schools around the world for Cunningham was killed during a subse- for the deaths of some 800,000 people, generations to come. quent rescue mission involving special forces and that the blame for these atrocities on two helicopters. Once on the ground, cannot be heaped on some imagined And more importantly, it is estab- those forces got into a firefight in which at cultural failing. lishing, in the minds of African leaders least 11 were wounded and six died. Two weeks ago, I had an opportunity and African elites and African soci- The PRESIDING OFFICER. The Sen- to visit the International Criminal Tri- eties, the possibility that those respon- ator from New Mexico. bunal for Rwanda in Arusha during a sible for crimes against humanity may Mr. BINGAMAN. Madam President, I weeklong trip to Kenya, Tanzania, and one day be held accountable for their join my colleague, Senator DOMENICI, Mozambique that I undertook in my actions. In central Africa in particular, in expressing condolences to the family capacity as Chairman of the Senate this goal is essential to ending the cul- of Jason Cunningham. I also read with Foreign Relations Committee’s Sub- ture of impunity for gross violations of great sadness the report of his death in committee on African Affairs. During human rights, whether they occur in Afghanistan. It was emphasized in the my brief visit, I was able to meet with Rwanda or Burundi or eastern Congo. report which I read that he was part of the Deputy Registrar, with Judge The people who have been laboring in this para-rescue team and that he had Navanetham Pillay, who is the Presi- Arusha to hold those most responsible made a very conscious decision in dent of the ICTR, and with some mem- for the genocide and for crimes against choosing his career path in the mili- bers of the Prosecutor’s office. I was humanity in Rwanda in 1994 deserve tary to be on a para-rescue team rather also able to sit in on one of the trials recognition, and respect, and support. than on a different type of military underway—that of Laurent Semanza, a Now, there are a number of steps that team because he did want to commit former mayor of Bicumbi who is the international community can take his life to saving other people’s lives. charged with several counts of geno- to help this worthy effort. First, we That is the exact activity he was en- cide, conspiracy to commit genocide can ensure that the prosecutor’s office gaged in in Afghanistan when he came and crimes against humanity, includ- is adequately staffed. It is almost ap- under enemy fire and was killed in that ing rape. I heard some of the wrenching palling that the post of Deputy Pros- combat. testimony in that case, and was as- ecutor has been vacant since the mid- This is a reminder to all who serve in tounded at the strength of the tribunal dle of last year. I was informed that va- the Senate, as well as, of course, to his officials, whose work requires them to cancies exist throughout the office. family. It is an enormous responsi- confront the horrible facts of the The UN has to speed up its recruitment bility we take on as a nation when we Rwandan genocide every day of their process, priortizing the expeditious send our best young people into battle work. placement of competent applicants in to do the work of this country, to put For many years, I have strongly sup- important jobs, rather than starving these men and women at risk, as has ported accountability measures in the court of staff for the overriding been the case in Afghanistan. It is an cases where crimes against humanity goal of even geographic distribution of enormous undertaking. His sacrifice is have occurred, and I think that inter- personnel. UN member states must also the ultimate sacrifice and his family’s national support for such measures is help to address another problem—that sacrifice, as well. We join with them in particularly important in Africa, where of sentence enforcement. Currently, mourning his death. too often the international community few of the African countries willing to f fails to respond to atrocities the way house persons convicted by the ICTR in we would if such acts occurred in Eu- INTERNATIONAL CRIMINAL their jails can meet international rope or North America. TRIBUNAL FOR RWANDA standards for prison conditions. Of For this reason, I have been a sup- course I am not suggesting that the Mr. FEINGOLD. Madam President, I porter of the Special Court for Sierra international community refurbish the rise today to voice my support for the Leone. I have long supported the ICTR. prisons of an entire continent. But I International Criminal Tribunal for In the last Congress, I authored legisla- am suggesting that perhaps there are Rwanda which is the often-neglected tion that was signed into law that small and reasonable steps that we can sister court to the International Crimi- would extend the U.S. rewards program take to help. nal Tribunal for the former Yugoslavia to allow our government to offer and at the Hague. While the international pay rewards for information about in- And the US and the rest of the inter- media carries regular coverage of the dividuals wanted by the tribunal. The national community I think should Milosevic trial and the NATO efforts to reason that we did this is because this support the tribunal’s request for ad arrest individuals wanted by the ICTY, provision had already existed for the litum judges. They have already sup- much of the world, it seems, has for- International Criminal Tribunal for ported a similar request for the ICTY gotten about the ICTR. This week, as the Former Yugoslavia—an example of for the former Yugoslavia. All observ- the UN’s fifth committee considers the how a double standard relating to the ers have been concerned about the pace tribunal’s budget, I want to make plain courts was at one time institutional- of the tribunal. It makes sense to pro- my continuing concerns about the tri- ized in our government. vide it with the capacity to move more bunal, but I also want to be crystal What had happened since the Arusha quickly through its work. clear about my continued support for tribunal’s inception is nothing short of Mr. President, must has been made in its work. groundbreaking. The ICTR was respon- recent days of the Administration’s de- In 1994, an unspeakable horror un- sible for the very first international cision to publicly push for the ICTR folded in the tiny central African site convictions for the crime of genocide. and ICTY to finish their work in the of Rwanda. Despite the initial ref- Many people do not realize this, al- next few years. And the need to wrap-

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1594 CONGRESSIONAL RECORD — SENATE March 6, 2002 up the Tribunal’s work is not in dis- neously. And as I have mention, pro- The PRESIDING OFFICER. The sen- pute—in my meetings with Tribunal of- viding additional judges to the ICTR ior Senator from Nevada. ficials, no one suggested that the Tri- will help to address this problem. Mr. REID. Madam President, I cer- bunal should not aim to finish its work Madam President, because this tri- tainly applaud my colleague from Ne- by 2008. This consensus, however, does bunal is so important, the inter- vada for making his heart-felt state- not change the fact that much impor- national community must keep work- ment. I am not much for calling people tant still remains to be done, and the ing to get it right. The ICTR still has when there is a tragedy. I tend to write tribunals will need continued support a great deal of work to do, and the letters. It is difficult for me to speak to to complete it. international community, including people upon the loss of a loved one be- Some have also suggested that the the United States, must ensure that cause it brings back memories of those existence of tribunals has given the they are operating with all the nec- loved ones of mine I have lost. So I nor- international community a rationale essary support, and operating under mally just write a letter. for neglecting developing of indigenous clear demands for accountability and But I thought it was appropriate yes- justice systems in countries subject to integrity. These two initiatives—sup- terday, when I learned about the death the tribunals. And I agree that this is porting the court and demanding an of Matthew, that I call and speak to a pitfall that must be avoided, and I end to corruption and waste—are not the parents; and I did that. Certainly, strongly support efforts to strengthen contradictory, they are complemen- it was not a pleasant call in the sense the capacity and independence of the tary. I urge my colleagues and the ad- that you call and talk to grieving par- judiciary in countries that have suf- ministration to pursue both with equal ents, but it was a call I will never for- fered from wide-scale human rights vigor. get. violations. Last week, Ambassador-at- The PRESIDING OFFICER. The Sen- His mother asked me if I would write Large for War Crimes Pierre Prosper ator from Nevada. her a letter. I said I would be happy to. told the House International Relations f She said: The reason I want the letter Committee that ‘‘the United States is because I will have that to refer to. TRIBUTE TO PFC MATTHEW stands prepared to assist the states in I will not have my son anymore. And COMMONS rebuilding their shattered judicial sys- she broke down and cried a little bit tems to make them capable of dis- Mr. ENSIGN. Madam President, I rise about that. pensing truth-based justice and estab- to speak of a brave young nevadan, As I just indicated, I talked to his lishing systematic respect for the rule PFC Matthew Commons, who was mom, Patricia, who lives in Las Vegas. of law.’’ I certainly hope he is right, be- killed in combat in Afghanistan. I am I also talked to his dad, Gregory. Greg- cause this is an indispensable element humbled and grateful that he was will- ory, as do most fathers, put up a very in the global effort to bring some sta- ing to make the ultimate sacrifice to brave front during the first part of our bility to the heart of Africa. But I am preserve our freedom. conversation. Like all dads, toward the not yet convinced that our actions will For he is one of the noble soldiers of end of it, his emotions got the best of match this rhetoric, and I am specifi- whom Thomas Jefferson spoke when he him. He shed a few tears, I know. I cally concerned that no funding is warned that ‘‘the tree of liberty must could tell by his voice that he was cry- being requested in 2003 for the Great be refreshed from time to time, with ing on the other end of the line. Lakes Justice Initiative. And while I the blood of patriots and tyrants.’’ I talked to him about Matthew’s am encouraged by the Rwandan Gov- In doing his duty for God and coun- brothers. Matthew had three brothers. ernment’s efforts to address the mas- try, he gave up all so that we could Matthew was the oldest. And his dad sive backlog of genocide-related cases grow and thrive and learn and love in said: Matthew always looked out for through a system of community courts the greatest Nation in the world. his brothers, that if anyone tried, in He is our fallen hero. A grateful Na- known as gacaca and believe that the any way, to get the better of his little tion should never forget, he had family, international community should help brothers, he was always standing there friends, and plans for the future. He the government in Kigali to ensure the making sure that they did not. was just 21 years of age, old enough to integrity and efficacy of this effort, I And I said to Mr. Commons: You dedicate his life to protecting our also respect the Rwandan’s decision have to explain to your sons that they country, but too young to have a fam- not to attempt to try those most re- have a great example to live up to be- ily of his own. sponsible for the genocide—known as cause their brother gave his life for our His mother told me that one of the Category One suspects—in these un- country. hardest burdens she now has to bear is tested courts in which judges have very So I was saddened to see that one of the knowledge she will never get to little training and where only limited those who died was from Bolder City, hold Matthew’s children. safeguards exist for victims and for the Matthew was an all-American kid, NV. As indicated in the Washington accused. growing up in Boulder City. He ran paper today, in their comments about Madam President, it is important to track and played soccer at Boulder his death, Matthew was the youngest acknowledge that much of the criti- City High. He was elected secretary of of those who were killed, but the par- cism that has been leveled at the tri- his senior class. ents and the wives of the other men bunal is fair, and it reflects real, and in On September 11, al-Qaida terrorists who were killed are grieving just as some cases ongoing problems with the attacked the United States. Matthew’s parents, no matter where ICTR. Too often in the past, allega- On March 4, Matthew Commons they live in this great country of ours. tions of waste and mismanagement sought to make sure that would never But I do say that as a result of the proved to be accurate, and the tribunal happen again. courageous act of Matthew, who was must exercise constant vigilance to He died to make sure that no Amer- actually going to the aid of one of his fight corruption and abuse. Decisive ican was left behind at the mercy of al- comrades, we are going to win the war steps must be taken to address the Qaida. His mission was a success. And on terrorism—because there are people issue of fee-splitting between those on his fellow soldiers endured heavy fire all over America today like Matthew trial and defense counsel. I was pleased so that he, too, ultimately would come Commons willing to give their lives for to learn about some of the efforts cur- home from the front. their country. rently underway during my visit. I In fighting for our Nation, he ensured f have raised these issues with the Chief that we would be free. GENETIC INFORMATION Prosecutor, I have raised them with In dying, he left in his wake the grief NONDISCRIMINATION ACT OF 2002 U.N. officials in New York, I raised of those who knew and loved him, in- them in Arusha, and I will continue to cluding his mother, Patricia Marek and Mr. ENZI. Madam President, I rise raise them. And overall, the tribunal his father, Greg Commons. today to join my colleagues in intro- simply has to pick up the pace of its God bless you, Matthew Commons. ducing the Genetic Information Non- work. I believe that this, too, is being And God bless America. discrimination Act of 2002. I am par- addressed. During my visit there were Would the senior Senator from Ne- ticularly grateful to Senators SNOWE, three cases being heard simulta- vada like to make some comments? JEFFORDS, FRIST and GREGG for their

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1595 leadership on the extremely important consistent with existing discrimination ment discrimination based on genetic policy matter of protecting individuals statutes when it comes to protecting information. Why should someone from genetic discrimination. individuals against employment dis- claiming genetic discrimination, but This bill would effectively and fairly crimination. Consistency is mandated who is asymptomatic, be able to re- protect against genetic discrimination to protect the rights of employees and cover greater damages than someone in health insurance and employment. employers alike. Consistency is man- who is actually disabled in the present The group of members assembled to in- dated to protect the carefully designed or who is a claimant of race discrimi- troduce this bill is bipartisan. We all process for enforcing and redressing nation? We must guard against enact- worked together in the past on a bill employment civil rights legislation. ing legislation that, in an effort to pro- that dealt strictly with genetic dis- Therefore, I believe that federal leg- tect individuals who have been sub- crimination in health insurance, and islation prohibiting employment dis- jected to one type of discrimination, today are introducing a bill that in- crimination based on genetic informa- creates inequities for individuals who cludes a new title to also protect indi- tion must not deviate from other em- have been subjected to another type. viduals from genetic discrimination in ployment discrimination laws, namely Unfortunately, I read the alternative employment. During the last Congress, Title VII of the Civil Rights Act of 1964 bill sponsored by Sen. DASCHLE to cre- our bill dealing with health insurance and the Americans with Disabilities ate just such an inequity. discrimination passed the Senate three Act, with regard to enforcement and The issue of confidentiality of ge- times. I hope this new bill just has to remedies. netic information in the employment pass once before the President can sign Furthermore, we cannot enact new context in relation to existing privacy it into law. employment discrimination legislation laws might seem very complex. How- As I have previously stated, I believe without examining its interaction with ever, I think that the issue is not as there is unanimous support for enact- existing laws. We must be careful to complex as we make it out to be. First ing legislation which prohibits dis- avoid enacting legislation that places and foremost, an employer should not crimination in both health insurance employers between a rock and a hard be held to conflicting legal require- and employment. The promise that ge- place. That is, in order to comply with ments regarding the confidentiality of netic information holds for revolu- one law, an employer violates another. such information. tionary advances in the diagnosis and For example, an employer should not The HIPAA medical records privacy treatment of diseases such as cancer, be placed in the impossible position of regulation I mentioned before governs Parkinson’s disease, heart disease and violating genetic discrimination legis- the disclosure of all medical informa- diabetes should not be hindered by lation by virtue of its requirement to tion, including genetic information, by fears about the discriminatory use of comply with the ADA or Family and health plans, health care clearing- this information. Medical Leave Act. Nor should employ- houses and certain health care pro- As a result of a lot of hard work and ers be held to conflicting standards viders. Therefore, an employer who is a hearing held by Chairman KENNEDY governing the disclosure of genetic in- acting in its capacity as a group health on February 13, 2002, we are able to information. plan will be subject to the HIPAA pri- troduce a bill today that reflects the Let me briefly address the issue of vacy regulation. Federal legislation cutting edge knowledge about genetic enforcement of employment discrimi- that prohibits discrimination in health science and also reflects the current nation claims on the basis of genetic insurance and employment on the basis regulatory state with respect to med- information. Under Title VII and the of genetic information should not cre- ical records privacy. Both the original ADA, Congress gave the Equal Employ- ate confidentiality requirements for Snowe bill and the alternative Daschle ment Opportunity Commission the role employers acting as group health plans bill were drafted years ago. The Human of investigating and enforcing com- that conflict with the privacy regula- Genome has since been mapped. Com- plaints of violations of these laws. tion. Again, Sen. Daschle’s bill would prehensive medical records privacy Under both of these laws, a claimant create this kind of conflict. regulations, which will cover genetic must first file a complaint with the On a subject as important as the use information, have since been promul- EEOC before being able to file a private and disclosure of genetic information, gated. And, the Equal Employment Op- suit in court. we must understand and build from ex- portunity Commission, EEOC, has The EEOC plays a critical role in the isting federal laws and regulations. since stated the need to expressly pro- compliance with and enforcement of With this foundation and the benefit of tect individuals from employment dis- employment nondiscrimination laws. today’s understanding of genetic crimination based on genetic informa- The EEOC’s mediation activities also science, I look forward to passing legis- tion. serve to expedite resolution of employ- lation to prohibit discrimination in In other words, this bill provides the ment cases and reduce the backlog of health insurance and employment of most informed policy to meet the goal such cases in our courts. the basis of genetic information. of protecting individuals from dis- Federal legislation on genetic non- f crimination without denying the prom- discrimination that would allow a ise of genetic science. Here are just a claimant to bypass the vital role that LOCAL LAW ENFORCEMENT ACT few examples of how our bill has been the EEOC plays undermines the effi- OF 2001 improved. cacy of such legislation. Furthermore, Mr. SMITH of Oregon. Madam Presi- First, the definition of genetic infor- what is the justification for allowing dent, I rise today to speak about hate mation correctly reflects the science of an individual claiming genetic dis- crimes legislation I introduced with genetics as the best minds know it crimination to circumvent the com- Senator KENNEDY in March of last today, not 4 years ago. Secondly, the plaint process that claimants of other year. The Local Law Enforcement Act medical records privacy regulation basis of employment discrimination of 2001 would add new categories to called for under the Kennedy-Kasse- must follow? current hate crimes legislation sending baum Health Insurance Portability and With regard to remedies for employ- a signal that violence of any kind is Accountability Act of 1996, HIPAA, is ment discrimination based on genetic unacceptable in our society. nearly final. The Kennedy-Kassebaum information, federal legislation should I would like to describe a terrible law clearly intended that genetic infor- not disregard the remedy structure of crime that occurred January 30, 1993 in mation be considered medical informa- other employment discrimination laws. Wilmington, NC. A gay man was tion, and, therefore, should be equally The Civil Rights Act of 1991, which ap- dragged from a bar and beaten. The as- protected under the same privacy plies to remedies available under Title sailants, Colin C. Hunt, 20, Patric G. standards. The Snowe bill we’re intro- VII and the ADA, places a cap on con- Gardone, 23, and Walter G. Watkins, 26, ducing today codifies that intent. sequential and punitive damages that were charged with four counts of as- The President has also called upon is progressive with the size of the em- sault in connection with the incident. Congress to pass legislation prohibiting ployer. I believe that government’s first duty discrimination on the basis of genetic I cannot see the justification for al- is to defend its citizens, to defend them information that is fair, reasonable and lowing unlimited damages for employ- against the harms that come out of

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1596 CONGRESSIONAL RECORD — SENATE March 6, 2002 hate. The Local Law Enforcement En- 1947. In December 1947, Fair-B brought After the fast pace of the Washington hancement Act of 2001 is now a symbol the family back to the U.S. to area, duty on the CINCPAC staff in Ha- that can become substance. I believe Selfridge, Michigan. The duty was with waii, starting in 1966, seemed slow in- that by passing this legislation, we can the 56th Fighter Group flying F–80’s deed. Here Fair-B served on the staff of change hearts and minds as well. and F–86’s, where he was squadron ad- the Commander in Chief, Pacific, at f jutant and group adjutant. It was dur- Camp Smith. Not only did they take ing this time, in 1948, that his second off for the weekends, but Wednesday ADDITIONAL STATEMENTS daughter, Nancy, was born. In 1951 it afternoons as well. The duty was good, was off to Minneapolis in the Air De- with many evaluation trips to the fense Control Center business. There he MAAG supported countries in the Far TRIBUTE TO GENERAL WILLIAM H. was assigned as an aircraft controller East. This, together with quarters on FAIRBROTHER. and control center chief with the 31st Hickam, and the benevolent Hawaiian ∑ Mr. MCCAIN. Mr. President, I rise Air Division. Flying time was cadged weather made for a delightful tour. today to honor a great American pa- from the local guard squadron, which Patricia stayed in Hawaii when Fair- triot, Brigadier General William H. was equipped with P–51s. Then in 1953 B went to the Republic of Vietnam to Fairbrother, USAF, Ret. General cold weather assignments continued, join the 14th Special Operations Wing. Fairbrother passed away on January this time to Rapid City, South Dakota As Vice Commander and then Com- 27th at Air Force Village II in San An- and the 54th Fighter Interceptor mander he was kept busy monitoring tonio. My deepest sympathies go out to Squadron at Ellsworth Air Force Base. the varied activities of the Wing, which his wife, Patricia, and his daughters, This was probably the happiest assign- were performed from nine separate Bonnie and Nancy. ment in his career, with over two years bases. The little command O–2 aircraft William Herman Fairbrother was of the time there being in command of spent a lot of time touring the country. born in Endicott, NY, on March 28, the squadron. Initially, the airplanes In addition to the clandestine oper- 1923, the son of Lieutenant Herman and were P–51s, then F84Gs and finally F– ations, the Wing had the AC–47 and AC– Caroline Fairbrother. He grew up on a 86Ds. He had always said that next to 119 gunships, the psychological warfare variety of Infantry Posts, to include being a Captain and Fighter Squadron business with O–2s and C–47s and the the Panama Canal Zone and Manila, Flight commander, the position of only armed helicopter squadron in the Philippine Islands. Bill entered the Fighter Squadron Commander was the Air Force, flying UH–1Ns. He served United States Military Academy at best job in the Air Force. the Wing from September 1969, to Sep- West Point on a Congressional appoint- Exchange duty with the Royal Air tember 1970. ment from the 34th District of New Force at RAF Manby, England followed After Vietnam the next assignment York. When he arrived at West Point in June of 1956. The assignment was at- as Deputy Chief of Staff at Head- he knew the prepared sling, the hasty tendance at the RAF Flying College. quarters Air Force Logistics Command sling, and had qualified with the 30-cal- The family thoroughly enjoyed this at Wright-Patterson Air Force Base, iber water-cooled machine gun which short tour living in the small East Ohio with the job of DCS Distribution. made it easy to shoot expert with the Anglia town of Sutton-on-Sea, going to The assignment was not awarded be- M1 Garand plebe year. Academics, how- English Schools, learning the language, cause of any logistics experience buy dealing with pounds, schillings and ever, were something else. With the mainly because the boss man wanted pence, and driving on the left side of help of ‘‘Sully’s Cram School’’ in Wash- some operational talent on the staff. the road. Fair-B accumulated a re- ington, DC the previous year he did The job was fascinating and of enor- spectable amount of time in British fairly well in the first half year. But mous scope. Fair-B jumped in with his Aircraft to include the Gloster Meteor, after that it was a continuing struggle typical enthusiasm and his perform- Hawker Hunter and British Electric ance helped in getting him promoted to to stay proficient. Because of many Canberra. In January 1957 the family Brigadier General on April 1, 1972. Sep- moves, high school had been rushed arrived in Rabat Morocco. The assign- aration from the Air Force came in and spotty, and four years of Academy ment here was Chief, Combat Oper- 1974 with Fair-B being allowed to keep study being rushed into three because ations in the 316th Air Division. Fur- the wife and kids and the Air Force of World War II made the task even ther broadening and true sophistica- keeping the airplanes. His decorations harder. On the other hand, flying, tion took place during this time. Not and awards include the Legion of Merit which was his first love went smoothly. only was the Division partially manned (2), Distinguished Flying Cross (2) with Primary flight training in Texas and with French Air Force personnel but oak leaf cluster, Air Medal (3) with two then Basic and Advanced at Stewart also, the family lived in a French villa. oak leaf clusters and the Meritorious during the three years went without In addition, flights with the family on Service Medal. He was a command problems. It was during the Plebe year military aircraft up to the European pilot. that he picked up the nickname ‘‘Fair- continent were allowed once a year. Fair-B and Patricia, hand-in hand B’’ in keeping with the academy tradi- They took full advantage of this privi- then returned to Hawaii, their choice tion to reduce the spoken word to its lege and managed to visit Spain, Por- of all the places they had tried simplest form. tugal, Italy, France, Germany and throughout the years. They moved into Fair-B graduated with the class of Switzerland during their Moroccan an apartment on Waikiki beach and 1944, the D-Day class, albeit rather far stay. The Division Fighter Squadrons then took the time to read what there down the list. On the very next day, in were equipped with F–86D and F–100 wasn’t time for before and work on the the Cadet Chapel, he married his child- aircraft so Fair-B was able to keep his projects that had long ago been put hood sweetheart, Patricia Ross of Ken- hand in flying. There were many trips aside. Other activities during this more, New York and they lived happily to Wheelus Air Force Base in Tripoli, eight-year idyll included working with ever after. P–40 and P–47 training, to- Libya, where the squadrons went TDY the House Republican Whip in the Ha- gether with those of the class selected for gunnery and rocketry training. waii State Legislature, activities with for the Fighter business, followed with The three and a half years in North the Retiree Affairs Council at Hickam time at many different bases, as the Africa went by quickly, and the return and work with the Oahu Chapter of the Service endeavored to cram as much to the US happened in June 1960 with Air Force Association. 1982 found them military experience into the class as attendance at the Air War College. Fol- in San Antonio, Texas, and in 1987 they they could before sending them over- lowing graduation from the Air War made their next-to-the-last move into seas. Shortly thereafter it was off to Ie College he spent a long five years in a cottage at Air Force Village II. Fair- Shima Flying P–47’s against the Japa- the Pentagon, first on the Air Staff in B served three year as a Trustee on the nese. After the war the unit moved War Plans and then as Executive As- Board of the Air Force Village Founda- over to Okinawa and Patricia joined sistant in the Office of the Air Force tion, and over three years as a Director him there in 1946. They, along with Chief of Staff. One year with Curtis on the Air Force Village II Board of Di- many other pioneer souls, set up house- LeMay and one year with John McCon- rectors. keeping in a Quonset hut. , Bonnie, his nell provided rare and valuable staff Fair-B is survived by his wife of 57 first daughter, was born in Okinawa in experience. years Patricia; daughters and sons-in-

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1597 law Bonnie and Jerold Kreidler, Nancy General Killey received his commis- Staff Crisis Action Team. Prior to this and James Councilor and grand- sion in 1963 through Officer Training period, Col. Bishop was assigned to daughters Katherine and Patricia School, at Lackland AFB in Texas. He U.S. Forces Command and Joint Task Councilor. served a tour in Southeast Asia in 1967– Force, Somalia. While it can be said he never single 1968 flying the F–4 with the 8th Tac- Colonel Bishop is a native of the handedly moved the world around, tical Fighter Wing at Ubon Royal Thai great state of Alabama and a distin- Fair-B certainly participated in many Air Force Base, Thailand. He left ac- guished graduate of Jacksonville State worthwhile events that did. As a result, tive duty in 1969 and joined the Air Na- University, Jacksonville, Alabama in those who knew him well can look tional Guard in 1970. He held various 1972, and commissioned as a Second back over his busy years and say, ‘‘Not positions with the South Dakota Air Lieutenant of Infantry. Later, he too shabby, old son, not too shabby.’’ ∑ National Guard before becoming the earned a Master of Business Adminis- f Adjutant General. He was recalled to tration, MBA, in Business Administra- active duty as director of the Air Na- tion in 1982, from Florida Institute of IN APPRECIATION FOR MAJOR tional Guard from 1988 until 1994. Gen- Technology, and is a graduate of the GENERAL PHILIP G. KILLEY eral Killey was the first Guardsman to Industrial College of Armed Forces at ∑ Mr. JOHNSON. Madam President, serve as commander, 1st Air Force, Air Fort McNair, Washington, D.C. today I express appreciation for the Combat Command, and Continental Colonel Bishop’s military decora- work that Major General Philip G. United States North American Aero- tions include the Defense Superior Killey has done as the Adjutant Gen- space Defense Command Region, Tyn- Service Medal, Army Meritorious Serv- eral for the South Dakota National dall Air Force Base, Florida from 1994 ice Medal with five oak leaf clusters, a Guard. Today, General Killey and other until 1998. Joint Service Commendation Medal, members of the National Guard come I commend General Killey for his Army Commendation Medal with three up to the Capitol for their annual trip many years of service, and thank him oak leaf clusters, the Army Achieve- to Washington, and I wanted to take for all that he has done for this nation ment Medal, the United Nations Serv- this time to thank the general for the and for our great state of South Da- ice Medal, and the Army Humanitarian terrific leadership he has provided to kota.∑ Service Medal. Throughout his career, the Guard over the past four years. f Colonel Bishop has brought astute General Killey reports that South judgment, bold recommendations and TRIBUTE TO COLONEL EDWARD D. Dakota has continued its high selfless service to our Army. rankings in terms of readiness of its BISHOP Mr. President, Colonel Bishop de- Guard and Reserve units. South Dako- ∑ Mr. SESSIONS. Madam President, it serves the thanks and praise of the na- ta’s units are also tops in the Nation in has come to my attention that Colonel tion that he faithfully served for so the quality of its new recruits. I com- Edward D. Bishop is retiring after 30 long. I know the Members of the Sen- mend the South Dakota Guard for its years of exemplary active military ate will join me in wishing him, his continued excellence, and General service in the United States Army. He wife, Linda, two sons, Ryan and Troy, Killey for his leadership, which has led served his country with dignity, honor, their daughter-in-law Sonya, and their to the maintenance of this high stand- courage and integrity. lovely grandson Dylan, all the best in ard. National rankings only confirm Colonel Bishop is concluding his ca- the years ahead.∑ the quality that has come to be ex- reer as the Chief, Congressional Af- f pected of the Guard and Reserve of a fairs, U.S. Army Materiel Command, great State. AMC, from August 2000 to May 2002. TRIBUTE TO ROBERT HODGES, Most South Dakotans know at least The Colonel’s extraordinary insight THE OLDEST AMERICAN VETERAN one of the 4,500 current members of the into congressional affairs has greatly ∑ Mr. EDWARDS. Madam President, South Dakota Guard and Reserves or assisted the United States Army Mate- today I pay tribute to an incredible the thousands of former Guardsmen riel Command with the tough before North Carolinian, Mr. Robert Hodges. and Reservists. Sometimes, the connec- the United States Congress. AMC is the On Friday, the Department of Vet- tion is even more direct. Before joining one place in the Army where tech- erans Affairs will host a ceremony in the Army, my oldest son Brooks was a nology, acquisition, and logistics are Pamlico County and officially recog- member of the South Dakota Army integrated to assure Army readiness. nize Mr. Hodges as the oldest American Guard in Yankton. Colonel Bishop as the Chief, Congres- veteran. According to VA records, Mr. Almost every community in my sional Affairs, AMC was able to work Hodges celebrated his 111th birthday State benefits from the work of these the hard issues for the Army in order last June. But if you ask Mr. Hodges, Guardsmen. Following the tragedies of for AMC to continue to sustain the na- he’ll tell you he is actually 114 years September 11, Guardsmen were called tion’s defense industrial base. old. to assist in the campaign against ter- Ed Bishop is a world-class logistician As remarkable as his age is, it’s not rorism and have performed security du- who served our nation in numerous how long he’s lived, but how he has ties at airports around the state. From logistical assignments throughout his lived those 111 or 114 years that is so Aberdeen to Yankton, the Guard and career. From January 1996 to August inspiring. Reserves are active members of the 2000, he was assigned as the Director of Mr. Hodges is truly an example of liv- South Dakota community. the United States Central Command, ing history. His life has been touched In addition to the support the Guard CENTCOM, Liaison Office. He was the by almost every struggle this nation and Reserves give to South Dakota, commands representative to the Office has endured. He was born in 1888, the they have also supported overseas oper- of the Secretary of Defense, the Joint same year Benjamin Harrison was ations including those in Central Staff, the Service Staffs, Congress, and elected President. His father, a run- America, the Middle East, Europe, and numerous Federal Agencies on polit- away slave who lived to be 112 years Asia. The South Dakota Air Guard per- ical-military, operational, and logistics old, often told him stories of the Civil formed admirably in their deployment issues affecting 25 countries in South- War. He grew up on a former planta- to the ‘‘no-fly zone’’ over Iraq late last west Asia, Central Asia, and Horn of tion in Beaufort County. He was never year. Africa. offered the chance for a formal edu- These latest activities, and the pro- Ed’s other assignments included Di- cation, so he helped his mother and fa- fessionalism that our South Dakota vision Chief in the Joint Logistics and ther raise corn, cotton and peanuts on Guardsmen have shown, are a testi- Security Assistance Directorate from land that just decades before had been mony to the leadership of General June 1993 to January 1996. During this tended by slaves. Killey. Before becoming the Adjutant period, he negotiated host nation sup- Shortly after America entered World General in 1998, General Killey served port agreements with selected Gulf War I, Mr. Hodges volunteered to serve with distinction in both the active countries, monitored the readiness of his country. Mr. Hodges was one of duty Air Force and in the South Da- prepositioned materiel, and provided nearly 20,000 African-American soldiers kota National Guard. interface with CENTCOM and the Joint from North Carolina, men dedicated to

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1598 CONGRESSIONAL RECORD — SENATE March 6, 2002 protecting a nation that treated them could miss school and attend the at 2829 Commercial Way in Rock Springs, as second-class citizens at best. Mili- events of Tater Day. For many years, Wyoming, as the ‘‘Teno Roncalio Post Office tary life offered no escape from the Johnson even drove his stagecoach to Building.’’ racism and segregation of civilian life, the parade for the sake of tradition, The message also announced that the but Mr. Hodges didn’t let that deter but now this item stands in a glassed- House has agreed to the following con- him. He served his country with dis- in enclosure at the rear of his home, current resolutions, in which it re- tinction as a medical corpsman, ord- where school children often come to quests the concurrence of the Senate: nance technician and supplymaster. learn about modes of transportation H. Con. Res. 338. Concurrent resolution au- Mr. Hodges even became friends with from the past. Ulus Johnson has been a thorizing the printing as a House document General John ‘‘Black Jack’’ Pershing, vital figure for the Tater Day Parade of a collection of memorial tributes made in commander of the U.S. Allied Expedi- almost his entire life and will certainly honor of the late Gerald Solomon. tionary Force. do a great job carrying on its tradition H. Con. Res. 305. Concurrent resolution permitting the use of the Rotunda of the Cap- Following his service, he returned and legacy. itol for a ceremony to present a gold medal home to his mother and father’s farm. I once again congratulate Mr. John- on behalf of Congress to former President He married Malinda, and despite the son for this honor and wish him and Ronald Reagan and his wife Nancy Reagan. economic hard times, the two eventu- the rest of the participants a glorious The message further announced that ∑ ally saved enough money to buy their Tater Day. pursuant to section 2(a) of the National own land and build a home in Stone- f Cultural Center Act (20 U.S.C. 76h(a)), wall. He and Malinda had eight chil- amended by Public Law 107–117, the dren. Sadly, after more than 50 years of MESSAGES FROM THE PRESIDENT Speaker appoints the following Mem- marriage, Malinda died in 1997. Messages from the President of the bers of the House of Representatives to Time has not touched his incredible United States were communicated to the Board of Trustees of the John F. spirit. In fact, if you ask him to, he can the Senate by Ms. Evans, one of his Kennedy Center for the Performing still describe his feelings at the mo- secretaries. Arts: Ms. PRYCE of Ohio and Mr. KEN- ment he heard an orderly shout to the NEDY of Rhode Island. front lines ‘‘The war is over!″ f Several years ago, a reporter cov- EXECUTIVE MESSAGES REFERRED At 10:55 a.m., a message from the ering a Veteran’s Day celebration in As in executive session the Presiding House of Representatives, delivered by Stonewall asked Mr. Hodges why it was Ms. Niland, one of its reading clerks, so important for him to tell his story. Officer laid before the Senate messages from the President of the United announced that the House has agreed Mr. Hodges replied because ‘‘so many to the amendments of the Senate to people . . . didn’t get to come home.’’ States submitting a withdrawal and sundry nominations which were re- the bill (H.R. 622) to amend the Inter- Mr. Hodges’ story is remarkable. He nal Revenue Code 1986 to expand the overcame discrimination and prejudice ferred to the appropriate committees. (The nominations received today are adoption credit, and for other purposes, and served his country with honor. He with amendments to Senate amend- raised a loving family and has become printed at the end of the Senate proceedings.) ments pursuant to House Resolution a pillar of his church and community. 347, in which it requests the concur- I am proud to help tell his story of f rence of the Senate. service and patriotism today, and I’m PRESIDENTIAL MESSAGE Under the authority of the order of certain it will serve as an inspiration the Senate of January 3, 2001, the Sec- ∑ Under the authority of the order of to all of us. retary of the Senate, on today March 6, the Senate of January 3, 2001, the Sec- f 2002, during the recess of the Senate, retary of the Senate, on March 5, 2002, received a message from the House of CONGRATULATIONS TO ULUS during the recess of the Senate, re- Representatives announcing that the JOHNSON OF SYMSONIA, KEN- ceived the following message from the House has passed the following bill, TUCKY President of the United States, to- without amendment: ∑ Mr. BUNNING. Madam President, gether with the accompanying papers; today I congratulate Ulus Johnson of which was referred as indicated: S. 1857. An act to encourage the negotiated settlement of tribal claims. Symsonia, KY on being named by the PM–72. A message from the President of Benton Kiwanis Club this year’s Grand the United States, received during adjourn- f Marshal of events for the annual Tater ment, transmitting, pursuant to law, a re- Day Parade. port to facilitate positive adjustment to ENROLLED BILL SIGNED Mr. Johnson, who was with the Navy competition from imports of certain steel At 6:03 p.m., a message from the Seabees during WWII and served 28 products; to the Committee on Finance. House of Representatives, delivered by months in the South Pacific, is be- To the Congress of the United States: Mr. Hays, one of its reading clerks an- lieved to be the first non-Marshall In accordance with section 203(b) of nounced that the Speaker has signed Countian ever to be named Grand Mar- the Trade Act of 1974, as amended (the the following enrolled bill: shal in he Parade’s 159 years of exist- ‘‘Act’’), I hereby transmit documents S. 1857. An act to encourage the negotiated ence. Like Mr. Johnson, Tater Day has to the Congress that describe the safe- settlement of tribal claims. survived the various twists and turns guard action that I have proclaimed on of history. During the 1950s and 1960s, imports of certain steel products, pur- f many believed the parade was on the suant to the authority vested in me by MEASURES REFERRED brink of being canceled. But with the section 203(a)(1) of the Act and as The following bill was read the first help of friends, Ulus Johnson was able President of the United States, and the and the second times by unanimous to revive the tradition of Tater Day for reasons for taking that action. consent, and referred as indicated: future generations. GEORGE W. BUSH. Tater Day has its origins on the first THE WHITE HOUSE, March 5, 2002. H.R. 3789. An act to designate the facility Monday in April because this day also of the United States Postal Service located f at 2829 Commercial Way in Rock Springs, happened to be County Court Day and MESSAGES FROM THE HOUSE Wyoming, as the ‘‘Teno Roncalio Post Office a good time for farmers to gather from Building’’; to the Committee on Govern- across Kentucky in Benton to stock up At 10:49 a.m., a message from the mental Affairs. on supplies, including sweet potatoes, House of Representatives, delivered by The following concurrent resolution for the upcoming planting season. They Ms. Niland, one of its reading clerks, was read, and referred as indicated: could also visit with neighbors, swap announced that the House has passed H. Con. Res. 338. Concurrent resolution au- horses, dogs, knives and more than a the following bill, in which it requests thorizing the printing as a House document few quality stories and tales. Johnson the concurrence of the Senate: of a collection of memorial tributes made in vividly remembers pretending to be ill H.R. 3789. An act to designate the facility honor of the late Gerald Solomon; to the on this day as a young boy so that he of the United States Postal Service located Committee on Rules and Administration.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1599 INTRODUCTION OF BILLS AND 540, a bill to amend the Internal Rev- lina (Mr. HELMS), the Senator from JOINT RESOLUTIONS enue Code of 1986 to allow as a deduc- South Dakota (Mr. JOHNSON), the Sen- The following bills and joint resolution in determining adjusted gross in- ator from Louisiana (Ms. LANDRIEU), tions were introduced, read the first come the deduction for expenses in and the Senator from Washington (Mrs. and second times by unanimous con- connection with services as a member MURRAY) were added as cosponsors of sent, and referred as indicated: of a reserve component of the Armed S. 1394, a bill to amend title XVIII of Forces of the United States, to allow the Social Security Act to repeal the By Mrs. MURRAY (for herself, Mrs. BOXER, Ms. CANTWELL, and Mr. employers a credit against income tax medicare outpatient rehabilitation CORZINE): with respect to employees who partici- therapy caps. S. 1990. A bill to establish a public edu- pate in the military reserve compo- S. 1607 cation awareness program relating to emer- nents, and to allow a comparable credit At the request of Mr. ROCKEFELLER, gency contraception; to the Committee on for participating reserve component the name of the Senator from Virginia Health, Education, Labor, and Pensions. self-employed individuals, and for (Mr. ALLEN) was added as a cosponsor By Mr. HOLLINGS (for himself, Mr. other purposes. of S. 1607, a bill to amend title XVIII of BIDEN, Mr. BREAUX, Mr. CARPER, Mr. S. 813 CLELAND, Mrs. CLINTON, Mr. CORZINE, the Social Security Act to provide cov- Mr. DURBIN, Mrs. HUTCHISON, Mr. At the request of Mr. SANTORUM, the erage of remote monitoring services JEFFORDS, Mr. KENNEDY, Mr. KERRY, name of the Senator from New Jersey under the medicare program. Mr. LEAHY, Ms. MIKULSKI, Mr. ROCKE- (Mr. TORRICELLI) was added as a co- S. 1739 FELLER, Mr. SCHUMER, Mr. STEVENS, sponsor of S. 813, a bill to amend title At the request of Mr. CLELAND, the Mr. TORRICELLI, Mr. REID, and Mrs. XVIII of the Social Security Act to in- name of the Senator from Louisiana FEINSTEIN): crease payments under the medicare (Mr. BREAUX) was added as a cosponsor S. 1991. To establish a national rail pas- program to Puerto Rico hospitals. senger transportation system, reauthorize of S. 1739, a bill to authorize grants to Amtrak, improve security and service on S. 999 improve security on over-the-road Amtrak, and for other purposes; to the Com- At the request of Mr. BINGAMAN, the buses. mittee on Commerce, Science, and Transpor- name of the Senator from Arkansas S. 1899 tation. (Mr. HUTCHINSON) was added as a co- At the request of Mr. BROWNBACK, the By Mr. KENNEDY (for himself, Mr. sponsor of S. 999, a bill to amend title name of the Senator from Montana BINGAMAN, Mr. CORZINE , Mrs. BOXER, 10, United States Code, to provide for a Mr. DASCHLE, Mr. HARKIN, Ms. MIKUL- (Mr. BURNS) was added as a cosponsor Korea Defense Service Medal to be of S. 1899, a bill to amend title 18, SKI, Mr. REED, Mrs. CLINTON, and Mr. issued to members of the Armed Forces DURBIN): United States Code, to prohibit human S. 1992. A bill to amend the Employee Re- who participated in operations in cloning. Korea after the end of the Korean War. tirement Income Security Act of 1974 to im- S. 1917 prove diversification of plan assets for par- S. 1007 At the request of Mr. JEFFORDS, the ticipants in individual account plans, to im- At the request of Mr. REID, the name names of the Senator from Utah (Mr. prove disclosure, account access, and ac- of the Senator from Alaska (Mr. MUR- BENNETT) and the Senator from North countability under individual account plans, KOWSKI) was added as a cosponsor of S. Dakota (Mr. CONRAD) were added as co- and for other purposes; to the Committee on 1007, a bill to amend the Internal Rev- Health, Education, Labor, and Pensions. sponsors of S. 1917, a bill to provide for enue Code of 1986 to treat gold, silver, By Mrs. CARNAHAN: highway infrastructure investment at and platinum, in either coin or bar S. 1993. A bill to authorize a military con- the guaranteed funding level contained form, in the same manner as stocks struction project for the construction of a in the Transportation Equity Act for Weapons of Mass Destruction Responder and bonds for purposes of the max- the 21st Century. Training Facility at Fort Leonard Wood, imum capital gains rate for individ- Missouri; to the Committee on Armed Serv- uals. S. RES. 109 ices. S. 1062 At the request of Mr. REID, the By Mr. KERRY (for himself and Mr. At the request of Mr. DURBIN, the names of the Senator from Massachu- BOND): setts (Mr. KERRY), the Senator from S. 1994. A bill to establish a priority pref- name of the Senator from Connecticut West Virginia (Mr. ROCKEFELLER), the erence among certain small business con- (Mr. DODD) was added as a cosponsor of cerns for purposes of Federal contracts, and S. 1062, a bill to amend the Public Senator from Vermont (Mr. JEFFORDS), for other purposes; to the Committee on Health Service Act to promote organ the Senator from Arkansas (Mrs. LIN- Small Business and Entrepreneurship. donation and facilitate interstate link- COLN), and the Senator from Oregon By Ms. SNOWE (for herself, Mr. FRIST, age and 24-hour access to State donor (Mr. SMITH) were added as cosponsors Mr. JEFFORDS, Mr. ENZI, Ms. COLLINS, registries, and for other purposes. of S. Res. 109, a resolution designating Mr. HAGEL, Mr. DEWINE, and Mr. S. 1140 the second Sunday in the month of De- GREGG): cember as ‘‘National Children’s Memo- At the request of Mr. HATCH, the S. 1995. A bill to prohibit discrimination on rial Day’’ and the last Friday in the the basis of genetic information with respect name of the Senator from Alaska (Mr. month of April as ‘‘Children’s Memo- to health insurance and employment; to the MURKOWSKI) was added as a cosponsor Committee on Health, Education, Labor, and of S. 1140, a bill to amend chapter 1 of rial Flag Day.’’ Pensions. title 9, United States Code, to provide S. RES. 132 f for greater fairness in the arbitration At the request of Mr. CAMPBELL, the name of the Senator from Virginia (Mr. SUBMISSION OF CONCURRENT AND process relating to motor vehicle fran- ALLEN) was added as a cosponsor of S. SENATE RESOLUTIONS chise contracts. S. 1286 Res. 132, a resolution recognizing the The following concurrent resolutions At the request of Mrs. CARNAHAN, the social problem of child abuse and ne- and Senate resolutions were read, and name of the Senator from Maine (Ms. glect, and supporting efforts to en- referred (or acted upon), as indicated: SNOWE) was added as a cosponsor of S. hance public awareness of it. By Mr. DASCHLE (for himself, Mr. 1286, a bill to provide for greater access S. RES. 206 LOTT, Mr. REID, and Mr. ENSIGN): to child care services for Federal em- At the request of Mr. MURKOWSKI, the S. Res. 217. A resolution relative to the name of the Senator from Alaska (Mr. death of the Honorable Howard W. Cannon, ployees. formerly a Senator from the State of Ne- S. 1335 STEVENS) was added as a cosponsor of vada; considered and agreed to. At the request of Mr. KENNEDY, the S. Res. 206, a resolution designating f name of the Senator from Vermont the week of March 17 through March (Mr. JEFFORDS) was added as a cospon- 23, 2002 as ‘‘National Inhalants and Poi- ADDITIONAL COSPONSORS sor of S. 1335, a bill to support business son Prevention Week.’’ S. 540 incubation in academic settings. S. RES. 207 At the request of Mr. DEWINE, the S. 1394 At the request of Mr. BINGAMAN, the name of the Senator from Indiana (Mr. At the request of Mr. ENSIGN, the names of the Senator from Delaware BAYH) was added as a cosponsor of S. names of the Senator from North Caro- (Mr. BIDEN), the Senator from North

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1600 CONGRESSIONAL RECORD — SENATE March 6, 2002 Carolina (Mr. EDWARDS), and the Sen- that doctors routinely offer women of repro- (B) a recommendation regarding the use of ator from Nebraska (Mr. HAGEL) were ductive age a prescription for emergency such contraception in appropriate cases; and added as cosponsors of S. Res. 207, a contraceptive pills during their annual visit, (C) information explaining how to obtain resolution designating March 31, 2002, only 1 in 5 ob/gyns routinely discuss emer- copies of the information developed under gency contraception with their patients, sug- subsection (b), for distribution to the pa- and March 31, 2003, as ‘‘National Civil- gesting the need for greater provider and patients of the providers. ian Conservation Corps Day.’’ tient education; (d) AUTHORIZATION OF APPROPRIATIONS.— S. RES. 215 (9) in light of their safety and efficacy, There is authorized to be appropriated to At the request of Mr. CLELAND, the both the American Medical Association and carry out this section, $10,000,000 for each of names of the Senator from New Mexico the American College of Obstetricians and fiscal years 2003 through 2007. Gynecologists have endorsed more wide- (Mr. BINGAMAN), the Senator from spread availability of emergency contracep- By Mr. HOLLINGS (for himself, Alaska (Mr. STEVENS), the Senator tive pills, and have recommended that dedi- Mr. BIDEN, Mr. BREAUX, Mr. from Arkansas (Mrs. LINCOLN), the Sen- cated emergency contraceptive products be CARPER, Mr. CLELAND, Mrs. ator from Louisiana (Mr. BREAUX), and available without a prescription; CLINTON, Mr. CORZINE, Mr. DUR- the Senator from South Dakota (Mr. (10) Healthy People 2010, published by the BIN, Mrs. HUTCHISON, Mr. JEF- JOHNSON) were added as cosponsors of Office of the Surgeon General, establishes a FORDS, Mr. KENNEDY, Mr. S. Res. 215, a resolution designating 10-year national public health goal of in- KERRY, Mr. LEAHY, Ms. MIKUL- the week beginning March 17, 2002, as creasing the proportion of health care providers who provide emergency contraception SKI, Mr. ROCKEFELLER, Mr. ‘‘National Safe Place Week.’’ to their patients; and SCHUMER, Mr. STEVENS, Mr. At the request of Mr. CRAIG, the (11) public awareness campaigns targeting TORRICELLI, Mr. REID, and Mrs. name of the Senator from Georgia (Mr. women and health care providers will help FEINSTEIN): CLELAND) was added as a cosponsor of remove many of the barriers to emergency S. 1991. To establish a national rail S. Res. 215, supra. contraception and will help bring this impor- passenger transportation system, reau- f tant means of pregnancy prevention to thorize Amtrak, improve security and American women. service on Amtrak, and for other pur- STATEMENTS ON INTRODUCED SEC. 3. EMERGENCY CONTRACEPTION EDU- BILLS AND JOINT RESOLUTIONS CATION AND INFORMATION PRO- poses; to the Committee on Commerce, GRAMS. Science, and Transportation. By Mrs. MURRAY (for herself, (a) DEFINITIONS.—In this section: Mr. HOLLINGS. Madam President, I Mrs. BOXER, Ms. CANTWELL, and (1) EMERGENCY CONTRACEPTION.—The term rise today to introduce the National Mr. CORZINE): ‘‘emergency contraception’’ means a drug or Defense Rail Act on behalf of myself S. 1990. A bill to establish a public device (as the terms are defined in section and some 19 co-sponsors. This legisla- education awareness program relating 201 of the Federal Food, Drug, and Cosmetic tion will establish a strong and effi- to emergency contraception; to the Act (21 U.S.C. 321)) that is— (A) used after sexual relations; and cient national passenger rail system. Committee on Health, Education, For far too long, we have neglected in- Labor, and Pensions. (B) prevents pregnancy, by preventing ovulation, fertilization of an egg, or implanta- vesting in our Nation’s passenger rail Mrs. MURRAY. Madam President, I tion of an egg in a uterus. system. We have taken an active re- ask unanimous consent that the text of (2) HEALTH CARE PROVIDER.—The term sponsibility in developing the infra- the bill be printed in the RECORD. ‘‘health care provider’’ means an individual structure of all other modes of trans- There being no objection, the bill was who is licensed or certified under State law portation, whether it has been feder- ordered to be printed in the RECORD, as to provide health care services and who is ally funding the development of the follows: operating within the scope of such license. interstate highway system, subsidizing S. 1990 (3) INSTITUTION OF HIGHER EDUCATION.—The term ‘‘institution of higher education’’ has airport construction, or taking the re- Be it enacted by the Senate and House of Rep- the same meaning given such term in section sponsibility for dredging harbors and resentatives of the United States of America in 1201(a) of the Higher Education Act of 1965 channels or building locks and dams. Congress assembled, (20 U.S.C. 1141(a)). Now it is time to build a world class SECTION 1. SHORT TITLE. (4) SECRETARY.—The term ‘‘Secretary’’ passenger railroad system in the This Act may be cited as the ‘‘Emergency means the Secretary of Health and Human United States. We know it can be done. Contraception Education Act’’. Services. SEC. 2. FINDINGS. Japan and France provide two models (b) EMERGENCY CONTRACEPTION PUBLIC of successful passenger railroad serv- Congress finds that— EDUCATION PROGRAM.— (1) each year, 3,000,000 pregnancies, or one (1) IN GENERAL.—The Secretary, acting ice. The time to move ahead is now. We half of all pregnancies, in the United States through the Director of the Centers for Dis- cannot wait for highways and airports are unintended, and half of all of these unin- ease Control and Prevention, shall develop to become so clogged that they cannot tended pregnancies end in abortion; and disseminate to the public information on operate any longer. Rail systems are (2) the Food and Drug Administration has emergency contraception. not built in a day. We need to engage declared emergency contraception to be safe (2) DISSEMINATION.—The Secretary may in long-term planning to address future and effective in preventing unintended preg- disseminate information under paragraph (1) passenger transportation growth and nancy, reducing the risk by as much as 89 directly or through arrangements with non- show forethought in crafting transpor- percent; profit organizations, consumer groups, insti- (3) the most commonly used forms of emer- tutions of higher education, Federal, State, tation solutions—not wait for an im- gency contraception are regimens of ordi- or local agencies, clinics and the media. pending crisis. My legislation provides nary birth control pills taken within 72 (3) INFORMATION.—The information dis- the vision to begin to do this. hours of unprotected intercourse or contra- seminated under paragraph (1) shall include, The atrocious events of September ceptive failure; at a minimum, a description of emergency 11, 2001, and the aftermath which fol- (4) emergency contraception, also known contraception, and an explanation of the use, lowed, exposed the vulnerability of our as post-coital contraception, is a responsible safety, efficacy, and availability of such con- society and our economy when trans- means of preventing pregnancy that works traception. portation choices are limited and our like other hormonal contraception to delay (c) EMERGENCY CONTRACEPTION INFORMA- mobility is diminished. In the after- ovulation, prevent fertilization or prevent TION PROGRAM FOR HEALTH CARE PRO- implantation; VIDERS.— math of the horrific attack on the (5) emergency contraception does not cause (1) IN GENERAL.—The Secretary, acting World Trade Center and the Pentagon, abortion and will not affect an established through the Administrator of the Health Re- we were forced to adjust to a transpor- pregnancy; sources and Services Administration and in tation system that was without access (6) it is estimated that the use of emer- consultation with major medical and public to aviation. That should make us all gency contraception could cut the number of health organizations, shall develop and dis- evaluate the problems inherent in a unintended pregnancies in half, thereby re- seminate to health care providers informa- policy that results in overall depend- ducing the need for abortion; tion on emergency contraception. ence on any one particular mode of (7) emergency contraceptive use is the (2) INFORMATION.—The information dis- United States remains low, and 9 in 10 seminated under paragraph (1) shall include, transportation. We need to have a more women of reproductive age remain unaware at a minimum— balanced system of transportation for of the method; (A) information describing the use, safety, passengers in this country. Our econ- (8) although the American College of Ob- efficacy and availability of emergency con- omy depends on it; our travelers de- stetricians and Gynecologists recommends traception; serve it; and our roads and airports

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1601 could operate more efficiently in a bal- railroads accounted for three-quarters Over the past 30 years, the lack of in- anced system. of the common carrier share of inter- vestment and attention to the needs of After the Federal Aviation Adminis- city traffic, with airplanes and buses passenger rail infrastructure has re- tration grounded all flights following sharing the remaining quarter of traf- sulted in a weak passenger rail net- the terrorist attacks on September 11, fic. However, with national focus work, and has caused a strain on the 2001, travelers flocked to Amtrak. turned to aviation and highways, by capacity of other modes of transpor- Whether people had to travel for busi- the late 1960s most rail companies were tation in many areas of the country. ness, to help with rescue efforts, or just petitioning the Government to dis- The Amtrak Reform and Account- to get home, Amtrak kept our Amer- continue passenger services because of ability Act of 1997, and preceding stat- ican citizens moving during a time of losses. utes, resulted in creating conflicting national emergency. Amtrak was created as a Federal cor- missions for Amtrak: serve a public The situation not only proved that poration in order to relieve the rail- function by operating unprofitable Amtrak works, but that passenger rail road industry of these unprofitable pas- long-distance routes, but also attempt is a critical part of our transportation senger operations, and in the interest to operate at a profit. To add insult to infrastructure during a national emer- of maintaining a national passenger injury, Amtrak has been forced to gency or security crisis. Amtrak pro- rail network. But in retrospect, Am- delay capital improvement projects vided a critical transportation link, trak was set up not to thrive and ex- having important long-term benefits in carrying 35,000 passengers along the pand passenger rail service, but really order to attempt to meet the mandate Northeast corridor every day, and hun- to just maintain the status quo of 30 of the 1997 Act. Congress passed this dreds of extra carloads of mail for the years ago. That attitude persists even misguided law in 1997, requiring Am- U.S. Postal Office in the days following today. Since 1971, Amtrak has received trak to operate without government the terrorist attacks. only $25 billion in public subsidies; dur- support by the end of fiscal year 2002. Transportation security—an essen- ing that period, the United States in- But there is no truly national pas- tial part of our national security—re- vested $750 billion on highways and senger train service in the world that quires a balanced and competitive sys- aviation. makes a profit. Requiring Amtrak to tem of transportation alternatives. In So one problem becomes all too make a profit has forced the railroad to September, we found that our depend- clear—that U.S. passenger rail infra- forgo long-term capital investments in ence on the aviation system almost structure has no stable funding source favor of short-term, bond payment crippled us. We cannot afford to rely on in contrast to highways, aviation, and shell games. Instead of investing in any single mode of transportation; we transit. In fact, per capita spending on modern trains and infrastructure up- need to ensure that we have a balanced passenger rail is much lower than grades, Amtrak was forced to mortgage system that includes a sound passenger many other countries: the U.S. ranks Penn Station just to pay the electric rail system. We also know that pas- behind Britain, France, Japan, Canada, bill. senger railroads use less fuel per pas- Luxembourg, Austria, Switzerland, From this, it is evident that we need senger mile than highway vehicles and Belgium, Sweden, Denmark, Italy, Ire- to reevaluate our Nation’s rail pas- commercial airlines. During these land, Spain, Norway, Czech Republic, senger policy, and clearly define a role times of oil-consciousness, a larger Finland, Slovakia, Portugal, Poland, for Amtrak. A strong Federal role was presence of passenger rail in our trans- South Africa, Greece, and Estonia. required to establish the interstate portation system would reduce our Na- Imagine that of the 23 industrialized highway system and the Federal aviation’s dependence on foreign oil. nations with rail service, we are at the tion network. And now Federal invest- Passenger railroads, the interstate bottom. Including these countries, no ment in passenger rail infrastructure is highway system, and our national avia- passenger rail service in the world has critical; once again, Federal leadership tion network have all taken different built and operated a passenger rail sys- is required to address the needs of a re- paths to their current roles in our na- tem at a profit. All have required Gov- liable, safe, secure passenger rail net- tional transportation system. The tales ernment support for construction and work. of their development stand in quite a maintenance, or operating support, or This legislation provides a blueprint stark contrast from each other. both. That same principle holds true for the future of passenger rail in the The interstate highway system has for highways and aviation, which have United States. The bill will help de- received significant attention and fed- required substantial Federal spending velop high-speed rail corridors, which eral funding since the construction of since their beginning and continue to are the building blocks for a national the Lincoln Highway in 1913 and the receive generous Federal subsidies passenger rail system. This will allow Rural Post Roads Act of 1916, and later today. regional transportation solutions to during World War II with the Federal Those who want passenger rail to op- play a part in the national system. It Highway Act of 1944. It was not until erate without Federal assistance—ulti- will also aid in the development of 1956, however, that the Government mately forcing more travelers onto short distance corridors between larger began heavily promoting highway cars, buses and airplanes—argue that urban centers, as well as provide fund- transportation with the passage of the we should not ‘‘subsidize’’ passenger ing to preserve longer distance routes Federal Aid Highway Act of 1956. The rail. But we subsidize the building of for those communities that do not have act established a Highway Trust Fund roads and highways with tax dollars. the population densities to merit air based upon Federal user taxes, in order We subsidize the building of airports service—sometimes the train is their to finance up to 90 percent of State and pay for all of the equipment and only alternative to driving. Finally, it construction costs of the $25 billion people needed to run our air traffic will provide Amtrak with the tools and plan to pay for new roads, and the con- control system. We consider those sub- funding it needs to operate efficiently. struction of the Eisenhower National sidies to be worthwhile investments in This legislation authorizes $1.255 bil- Interstate and Defense Highway Sys- our economy and our quality of life. We lion in emergency spending for Am- tem. must make the same investment to trak’s security and life safety needs. Similar policies and Federal atten- create a world-class passenger rail sys- Similar language was included in the tion for aviation resulted in a strength- tem in order to see the same kinds of Rail Security Act, S. 1550, which was ened infrastructure, and follows much benefits. favorably reported by the committee the same story of the highways system. While that argument should stand on on October 17, 2001. In that legislation, Passenger rail service was once a its own, here’s something the highway we authorized funds to be spent on im- vital instrument in the transportation and airline crowd can take to the bank: mediate rail security needs, such as needs of our Nation. For instance, dur- moving more short-haul travelers to hiring more police officers across the ing World War II, not only did the rail- rail service reduces congestion on our entire Amtrak system and modernizing roads transport 90 percent of all de- already overcrowded highways and the safety infrastructure of old tun- fense freight, but also 97 percent of all eases congestion at airports. It also nels. defense personnel on their way to thea- provides real competition to airlines This bill will give the Federal Gov- ters of action. By the end of the war, on short-haul trips. ernment the script for the role it needs

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1602 CONGRESSIONAL RECORD — SENATE March 6, 2002 to play in establishing a national rail to repair and upgrade the track it owns strained to capacity. We should not passenger system. It would not require and operates in the Northeast corridor. wait until our current transportation any State contribution, and would give This corridor is a prime example of the problems reach epidemic proportions; preference to projects having right-of- benefits we can attain when there are our economy cannot afford it. way dedicated to passenger rail, involv- transportation choices for travelers. Madam President, I ask unanimous ing high-speed passenger service of 125 The Northeast corridor has become an consent that the bill and an outline of mph, although operations of 90 mph invaluable asset to our national trans- the finances of this bill be printed in speeds or more would be eligible for portation system, and it should not be the RECORD. funding, and those connecting to other left in disrepair. This bill authorizes There being no objection, the mate- modes of passenger transportation, in- funds to enable Amtrak to eliminate rial was ordered to be printed in the cluding airports. its capital backlog of projects, main- RECORD, as follows: The bill authorizes $1.5 billion annu- tain ongoing projects to capital infra- S. 1991 ally for corridor development. These structure, and improve capacity to ac- Be it enacted by the Senate and House of Rep- funds are needed for infrastructure accommodate projected growth in traffic. resentatives of the United States of America in quisition, highway-rail grade crossing It also allows Amtrak to reinvest reve- Congress assembled, improvement/elimination, acquisition nues from operations in the Northeast SECTION 1. SHORT TITLE; AMENDMENT OF TITLE of rolling stock and track and signal corridor back into the backlog of cap- 49; TABLE OF CONTENTS. equipment. Development of a national ital infrastructure projects. (a) SHORT TITLE.—This Act may be cited as passenger rail system carries a high In a nutshell, this is our long term the ‘‘National Defense Rail Act’’. cost, and the Federal Government plan to make passenger rail a part of (b) AMENDMENT OF TITLE 49.—Except as otherwise expressly provided, whenever in must take the lead role in funding it. our balanced transportation system. this Act an amendment or repeal is ex- This bill will also fund $35 billion in But in the short run, we must make pressed in terms of an amendment to, or a loan guarantees. This money will dra- sure Amtrak’s financial foundation is repeal of, a section or other provision, the matically expand the current Railroad strong at a time when we are relying reference shall be considered to be made to a Rehabilitation & Infrastructure Fi- on them more than ever. Amtrak’s rid- section or other provision of title 49, United nancing loan and loan guarantee pro- ership has increased consistently, and States Code. gram. But we also must restructure they now carry over 22 million pas- (c) TABLE OF CONTENTS.—The table of con- that program. Since it was created in sengers per year. This legislation will tents for this Act is as follows: 1998 as part of TEA–21 bill, the program give Amtrak the tools and funding Sec. 1. Short title; amendment of title 49; has processed only a few loans due to they need to create a modern, efficient table of contents. Sec. 2. Findings. unreasonable constraints imposed by passenger railroad. The bill reauthor- OMB. Our bill eliminates the artificial izes Amtrak for 5 years, and fully funds TITLE I—RAIL TRANSPORTATION SECURITY limits on loan amounts, impossible col- their capital needs and the operating lateral requirements, and unworkable Sec. 101. Amtrak security assistance. losses with respect to long-distance Sec. 102. Study of foreign rail transport se- loan cohort structures. service. curity programs. This bill identifies existing high- This legislation repeals the unreal- Sec. 103. Passenger, baggage, and cargo speed corridors in 29 States and the istic operating self-sufficiency require- screening. District of Columbia for priority con- ments. It also authorizes funding for Sec. 104. Rail security. sideration. Many of these corridors are compliance with environmental stand- Sec. 105. Rail transportation security risk in areas where people are now driving ards, and the Americans with Disabil- assessment. cars or taking airplanes on trips of 300 ities Act. TITLE II—INTERSTATE RAILROAD PAS- miles or less. In these areas, like the This legislation will further aid Am- SENGER HIGH-SPEED TRANSPOR- East Coast, travelers could take a trak to operate more efficiently. It will TATION SYSTEM high-speed train instead and arrive at require Amtrak to reinvest revenues Sec. 201. Interstate railroad passenger high- about the same time. But right now from non-passenger operations into speed transportation policy. they don’t have that rail option, and growth projects outside the Northeast Sec. 202. High-speed rail corridor planning. Sec. 203. Implemenation assistance. they won’t until we build it. corridor. It will require revenue from Sec. 204. Designated high-speed rail cor- The passenger railroad system that the Northeast corridor to be reinvested ridors. has worked well in the Northeast can into capital projects on the Northeast Sec. 205. Labor standards. work in other highly-congested areas corridor. Finally, it will require an an- Sec. 206. Railway-highway crossings in high- of the country: the South, the Midwest, nual independent audit of Amtrak, to speed rail corridors. California and the Northwest. Thirty be reviewed by the Department of Sec. 207. Authorization of appropriations. years ago, those areas did not have the Transportation’s Inspector General. TITLE III—NATIONAL RAILROAD population to support high-speed inter- I am pleased my colleagues have PASSENGER CORPORATION city rail. But today those areas are joined with me in sponsoring this bill. Sec. 301. National railroad passenger trans- growing by leaps and bounds. As the By developing passenger rail as part of portation system defined. highways in those areas clog up and a balanced transportation system, this Sec. 302. Extension of authorization. the planes run 3 hours late, their Gov- legislation will lead to the creation of Sec. 303. Additional Amtrak authorizations. jobs in the short run to stimulate our Sec. 304. Northeast Corridor authorizations. ernors—many of them Republicans— Sec. 305. Long distance trains. are asking us for help to build high economy. In the long run, high-speed Sec. 306. Short distance trains; State-sup- speed rail. rail corridors will become a key foun- ported routes. A short-term benefit of this legisla- dation for our national rail passenger Sec. 307. Re-establishment of Northeast Cor- tion will be stimulation of the econ- transportation system, which is crit- ridor Safety Committee. omy by providing jobs in developing ical to the strong backbone of a pros- Sec. 308. On-time performance. new corridors. This bill ensures that perous economy. Sec. 309. Amtrak board of directors. fair labor standards for all projects re- Like the interstate highway system, Sec. 310. Independent audit of Amtrak oper- ceiving funds under it, including pay- the benefits of passenger rail and Am- ations; review by DOT IG. ment of prevailing wages and allow- trak could be immeasurable, so we TITLE IV—MISCELLANEOUS ance of collective bargaining over wage have much at stake. While I have out- Sec. 401. Rehabilitation, improvement, and rates. lined an ambitious blueprint, I keep in security financing. Another immediate benefit will be mind that 50 years ago, the National Sec. 402. Rail passenger cooperative re- System of Interstate and Defense High- search program. the closing/improvement of highway- Sec. 403. Conforming amendments to title 49 rail grade crossings in high-speed rail ways was ‘‘pie in the sky.’’ Now our reflecting ICC Termination Act. corridors. Under this bill, funds are set successful Dwight D. Eisenhower Sys- Sec. 404. Applicability of reversion to Alas- aside specifically for these important tem of Interstate and Defense High- ka Railroad right-of-way prop- safety improvements. ways and national aviation network erty. This legislation will provide the nec- are used by many, so much that in SEC. 2. FINDINGS. essary funds of $1.31 billion for Amtrak many places they are congested and The Congress finds the following:

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1603 (1) Financial investment in passenger rail ability Act of 1997, Amtrak has been forced (1) $26,000,000 for tunnel, bridge, electric infrastructure is critical, and Federal leader- to delay capital improvement projects and traction, and tower security, including ship is required to address the needs of a reli- other projects which would produce long- closed circuit television cameras, vehicle able safe, secure passenger rail network, just term benefits. barriers, lighting, and fencing, of which as has been used in establishing the inter- (12) The Department of Transportation In- $19,725,000 shall be obligated or expended on state highway system and the Federal avia- spector General’s 2001 Assessment of Am- the Northeast Corridor and $6,275,000 shall be tion network. trak’s Financial Performance and Require- obligated or expended outside the Northeast (2) Lack of investment and attention to ments (Report #CR–2002–075) found that Am- Corridor. the needs of passenger rail infrastructure has trak’s most profitable operations are on the (2) $137,370,000 for interlocking security resulted in a weak passenger rail network, Northeast Corridor, where Federal invest- needs, including closed circuit television and has caused a strain on the capacity of ment in passenger rail infrastructure has cameras, lighting, fencing and vehicle bar- other modes of transportation in many areas been significantly higher than anywhere else riers, of which 50 percent shall be obligated of the country. According to the Department in the country. or expended on the Northeast Corridor and 50 of Transportation, in 1999 the cost of wasted (13) Federal investments in capital projects percent shall be obligated or expended out- time and extra fuel consumption due to to support passenger rail in areas other than side the Northeast Corridor. delays on congested roads was estimated at the Northeast Corridor would result in im- (3) $12,525,000 for equipment facility secu- $78 billion. proved service and increase profitability. rity, including closed circuit television cam- (3) Passenger rail is an integral part of the (14) The need for a balanced interstate and eras, lighting, and vehicle barriers, of which United States transportation system, and, as international transportation system that $4,175,000 shall be obligated or expended on can be evidenced in the Northeast Corridor, provides a viable alternative to travel by pri- the Northeast Corridor and $8,350,000 shall be relieves the pressures of congestion on high- vate automobile or commercial aircraft is obligated or expended outside the Northeast ways and at airports, and creates a more bal- particularly evident after the events of Sep- Corridor. anced system of transportation alternatives. tember 11, 2001. (4) $22,140,000 for yard and terminal secu- (4) Passenger rail service has been a vital (15) As a matter of national security, a rity, including closed circuit television cam- instrument in the transportation needs of strong passenger rail network would provide eras, lighting, fencing and vehicle barriers, our Nation. For instance, during World War travelers an alternative to highway and air of which $9,225,000 shall be obligated or ex- II, the privately owned, operated, and con- travel, which could lead to reduced United pended on the Northeast Corridor and structed railroad industry transported 90 States reliance on foreign oil imports. $12,915,000 shall be obligated or expended out- percent of all defense freight, and 97 percent (16) In fiscal year 2001, the United States side the Northeast Corridor. of all defense personnel transported to points spent less than 1 percent of all transpor- (5) $2,940,000 for mail and express facilities of embarkation for theaters of action. By the tation modal spending on intercity passenger security, including closed circuit television end of the war, railroads accounted for three rail, and since 1998, Amtrak has received cameras, lighting, fencing, and vehicle bar- quarters of the share of the common carrier only $4.59 billion of the $8.42 billion it has riers, of which $1,470,000 shall be obligated or share of intercity traffic, with airplanes and been authorized to receive by Congress. expended on the Northeast Corridor and buses sharing the remaining quarter of traf- (17) Passenger rail in the United States has $1,470,000 shall be obligated or expended out- fic. no stable funding source, in contrast to high- side the Northeast Corridor. (5) Significant attention and Federal fund- ways, aviation, and transit. (6) $20,125,000 for station security, including were required to construct the Eisen- (18) Per capita spending on passenger rail ing closed circuit television cameras, x-ray hower System of Interstate and Defense is much higher in other countries than the machines, lighting, fencing and vehicle bar- Highways. The Federal Aid Highway Act of United States and, in fact, the United States riers, of which $7,000,000 shall be obligated or 1956 established a Highway Trust Fund based ranks behind other countries including Can- expended on the Northeast Corridor and upon Federal user taxes in order to finance ada, Japan, France, Great Britain, Italy, $13,125,000 shall be obligated or expended out- up to 90 percent of the costs of the $25 billion Spain, Austria, Switzerland, Belgium, Swe- side the Northeast Corridor. dollar highway construction plan. den, Luxembourg, Denmark, Ireland, Nor- (7) $538,000 for employee identification sys- (6) Federal policies with respect to invest- way, the Czech Republic, Finland, Slovakia, tems, including improved technology for ment in aviation resulted in a strengthened Portugal, Poland, South Africa, Greece, and badges issued to employees and visitors con- aviation industry and the rapid development Estonia. trolled through a centralized database. of air passenger service, and by the late (19) The United States needs to engage in (8) $75,000 for bomb-resistant trash con- 1960’s most rail companies were petitioning long-term planning to foster and address fu- tainers, of which 50 percent shall be obli- the Government to discontinue passenger ture passenger transportation growth and gated or expended on the Northeast Corridor services because of losses. show forethought regarding transportation and 50 percent shall be obligated or expended (7) Amtrak was established in 1971 by the solutions rather than be forced to act due to outside the Northeast Corridor. Rail Passenger Service Act of 1970 to provide an impending crisis. (9) $5,800,000 for a passenger information passenger rail services in the United States (20) It is in the national interest to pre- retrieval system to capture security infor- as a public service; at the time of Amtrak’s serve passenger rail service in the United mation, create watchlists, and an online his- formation, freight railroads were losing States and to maintain the solvency of the tory of passengers, of which 50 percent shall money on unprofitable passenger rail oper- National Railroad Passenger Corporation. be obligated or expended on the Northeast ations. Since 1971 Amtrak has received only (21) Long-term planning and support for Corridor and 50 percent shall be obligated or $25 billion in public subsidies; during that pe- passenger rail will help offset the emerging expended outside the Northeast Corridor. riod, the United States invested $750 billion problems created by transportation conges- (10) $6,200,000 for an incident tracking sys- on highways and aviation. tion, and contribute to a cleaner and more tem to create and maintain an electronic (8) The Amtrak Reform and Accountability environmentally-friendly transportation sys- database of data on criminal and operational Act of 1997, and preceding statutes, resulted tem. incidents, of which 50 percent shall be obli- in creating conflicting missions for the Na- (22) A comprehensive re-evaluation of our gated or expended on the Northeast Corridor tional Railroad Passenger Corporation of nation’s rail passenger policy is required and and 50 percent shall be obligated or expended both serving a public function by operating a clearly defined role for Amtrak and a con- outside the Northeast Corridor. unprofitable long-distance routes while also nected rail passenger network must be estab- (11) $4,300,000 for upgrades to ticket kiosks attempting to operate at a profit. This pol- lished. for photo imaging for identification pur- icy has also restricted Amtrak’s profit po- (23) The Federal government must take the poses, of which 50 percent shall be obligated tential on the Northeast Corridor by lim- primary responsibility for developing na- or expended on the Northeast Corridor and 50 iting the capital expenditures to help defray tional railroad passenger transportation in- percent shall be obligated or expended out- other costs. frastructure, and help ensure that it func- side the Northeast Corridor. (9) Due to a lack of capital investment, the tions as an efficient network. Privatization (12) $16,750,000 for an incident command Northeast Corridor has accumulated a back- of the rail passenger industry in Great Brit- system to serve as a second command center log of repair needs, including life safety and ain has been disastrous and passenger service and a disaster recovery command site, of security needs. Investment in the capital has suffered overall. which $5,000,000 shall be obligated or ex- needs of the Northeast Corridor would result (24) The Nation should be afforded the op- pended on the Northeast Corridor and in capacity improvements which would re- portunity to receive safe, efficient, and cost- $11,750,000 shall be obligated or expended out- sult in greater utilization of the existing in- effective rail passenger services, taking into side the Northeast Corridor. frastructure. account all benefits to the Nation as a (13) $5,000,000 for train locator and tracking (10) The Department of Transportation In- whole. systems to provide GPS coordinates for all spector General’s 2001 Assessment of Am- TITLE I—RAIL TRANSPORTATION locomotives, of which 50 percent shall be ob- trak’s Financial Performance and Require- SECURITY ligated or expended on the Northeast Cor- ments (Report #CR–2002–075) found that Am- SEC. 101. AMTRAK SECURITY ASSISTANCE. ridor and 50 percent shall be obligated or ex- trak’s lack of available capital has impeded (a) INFRASTRUCTURE SECURITY.—The fol- pended outside the Northeast Corridor. its efforts to achieve financial goals. lowing amounts are authorized to be appro- (14) $120,000 for a notification system for (11) In order to attempt to meet the man- priated to the Secretary of Transportation integration of GPS information into the cen- date of the Amtrak Reform and Account- for the use of Amtrak for fiscal year 2003: tral computer systems, of which 50 percent

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1604 CONGRESSIONAL RECORD — SENATE March 6, 2002 shall be obligated or expended on the North- (B) $3,000,000 for 2 mobile emergency com- retary may have for implementing a rail se- east Corridor and 50 percent shall be obli- mand and communication units and rapid re- curity screening program to the Committee gated or expended outside the Northeast Cor- sponse teams, 1 to be located in the Midwest on Commerce, Science, and Transportation ridor. and 1 on the West Coast. of the Senate and the Committee on Trans- (15) $1,245,000 for mail and express ship- (C) $651,000 for 200 to 400 radioactive mate- portation and Infrastructure of the House of ment software to identify each shipment rial detectors to be deployed system-wide, of Representatives one year after the date of positively before it is transported by rail, of which $231,000 is to be obligated or expended enactment of this Act. which $405,000 shall be obligated or expended on the Northeast Corridor and $420,000 is to (b) PILOT PROGRAM.—As part of the study on the Northeast Corridor and $840,000 shall be obligated or expended outside the North- under subsection (a), the Secretary shall be obligated or expended outside the North- east Corridor. conduct a pilot program of random security east Corridor. (D) $4,000,000 for hand-held bomb detectors screening of passengers and baggage at 5 of (16) $1,211,000 for mail and express tracking for use by police to inspect baggage and the 10 busiest passenger rail stations served deployment to identify the status of each packages. by Amtrak (measured by the average number rail shipment. (E) $1,400,000 to screen express packages be- of boardings of Amtrak passenger trains) and (b) SECURITY OPERATIONS.—The following fore being placed on trains. at up to five additional rail stations served amounts are authorized to be appropriated (F) $1,305,000 for secure locking devices on by Amtrak that are selected by the Sec- to the Secretary of Transportation for the mail and express cars that have satellite- retary. In selecting the additional train sta- use of Amtrak for fiscal year 2003: monitoring capability. tions the Secretary shall attempt to achieve (1) $354,000 for hiring 4 police officers, each (G) $10,234,000 for video recording systems a distribution of participating stations in of whom is to be dedicated to a specific re- on road locomotives, of which $4,859,000 is to terms of geographic location and size. gion of the United States, to provide intel- be obligated or expended on the Northeast SEC. 104. RAIL SECURITY. ligence-gathering and analysis, conduct Corridor and $5,375,000 is to be obligated or (a) SECRETARY OF TRANSPORTATION.—Sec- crime-mapping assessments throughout the expended outside the Northeast Corridor. entire system, work with law enforcement to tion 20103(a) is amended by striking ‘‘safety’’ (H) $6,712,000 to acquire and install sat- and inserting ‘‘safety, including the security prevent terrorist acts and reduce Amtrak’s ellite-based technology to shut down any lo- vulnerability, of which 50 percent shall be of railroad operations,’’. comotive that is not under the control of its obligated or expended on the Northeast Cor- (b) RAIL POLICE OFFICERS.—Section 28101 is crew. ridor and 50 percent shall be obligated or ex- amended by striking ‘‘the rail carrier’’ each (I) $4,320,000 to install 10 new communica- pended outside the Northeast Corridor. place it appears and inserting ‘‘any rail car- tions stations to enable radio communica- (2) $10,411,000 for the hiring of 150 patrol of- rier’’. tions in remote locations and 12 satellite re- ficers and 48 specialized personnel, of whom (c) REVIEW OF RAIL REGULATIONS.—Within ceivers. 101 would be deployed on the Northeast Cor- 180 days after the date of enactment of this (J) $4,000,000 for 4 self-propelled high-speed ridor and 97 outside the Northeast Corridor. Act, the Secretary of Transportation, in con- rail cars designated for selective patrol and (3) $11,292,000 for the hiring of 250 security sultation with the Federal Railroad Admin- enforcement functions, including critical in- officers, of whom 147 would be deployed on istration’s Rail Safety Advisory Committee, the Northeast Corridor and 103 outside the cident response, dignitary protection, and shall review existing rail regulations of the Northeast Corridor. roving rail security inspections. Department of Transportation for the pur- (4) $1,828,000 for the hiring of 20 canine (2) ALLOCATION.—Except as provided in pose of identifying areas in which those reg- bomb teams, of which 14 are to be deployed subparagraphs (B), (C), and (G) of paragraph ulations need to be revised to improve rail outside the Northeast Corridor and 10 are to (1), 50 percent of any amounts appropriated safety and security. be deployed to mail and express facilities. pursuant to paragraph (1) shall be obligated SEC. 105. RAIL TRANSPORTATION SECURITY RISK (5) $30,761,000 for 90 infrastructure security or expended on the Northeast Corridor and 50 ASSESSMENT. inspectors to inspect the rights-of-way, percent of such amounts shall be obligated (a) IN GENERAL.— bridges, buildings, tunnels, communications or expended outside the Northeast Corridor. (1) ASSESSMENT.—The Secretary of Trans- and signaling equipment, fencing, gates, bar- (d) AVAILABILITY OF FUNDS.—Amounts ap- portation shall assess the security risks as- riers, lighting, catenary system, and other propriated pursuant to subsections (a), (b), sociated with rail transportation and develop security features, of which $21,000,000 is to be and (c) shall remain available until ex- prioritized recommendations for— obligated or expended on the Northeast Cor- pended. (A) improving the security of rail tunnels, ridor and $10,000,000 is to be obligated or ex- (e) PROHIBITION ON USE OF EQUIPMENT FOR rail bridges, rail switching areas, and other pended outside the Northeast Corridor. EMPLOYMENT-RELATED PURPOSES.—An em- areas identified by the Secretary as posing (6) $2,990,000 to expand aviation capabilities ployer may not use closed circuit television significant rail-related risks to public safety for security coverage and patrol capabilities, cameras purchased with amounts authorized and the movement of interstate commerce, including equipment, staff, and facilities, of by this section for employee disciplinary or taking into account the impact that any pro- which $997,000 is to be obligated or expended monitoring purposes unrelated to transpor- posed security measure might have on the on the Northeast Corridor and $1,993,000 is to tation security. provision of rail service; be obligated or expended outside the North- SEC. 102. STUDY OF FOREIGN RAIL TRANSPORT (B) the deployment of chemical and bio- east Corridor. SECURITY PROGRAMS. logical weapon detection equipment; (7) $1,095,000 for the leasing of 150 vehicles (a) REQUIREMENT FOR STUDY.—Not later (C) dealing with the immediate and long- and 10 bicycles to support patrol capabilities, than June 1, 2003, the Comptroller General term economic impact of measures that may of which $569,000 is to be obligated or ex- shall carry out a study of the rail passenger be required to address those risks; and pended on the Northeast Corridor and transportation security programs that are (D) training employees in terrorism re- $526,000 is to be obligated or expended out- carried out for rail transportation systems sponse activities. side the Northeast Corridor. in Japan, member nations of the European (2) EXISTING PRIVATE AND PUBLIC SECTOR (8) $669,000 for 6 management level posi- Union, and other foreign countries. EFFORTS.—The assessment shall include a re- tions with responsibility for direction, con- (b) PURPOSE.—The purpose of the study view of any actions already taken to address trol, implementation, and monitoring of se- shall be to identify effective rail transpor- identified security issues by both public and curity systems, including the deployment of tation security measures that are in use in private entities. the 250 security officers throughout the Am- foreign rail transportation systems, includ- (3) RAILROAD CROSSING DELAYS.—The Sec- trak system, of which $446,000 is to be obli- ing innovative measures and screening pro- retary shall include in the assessment an gated or expended on the Northeast Corridor cedures determined effective. analysis of the risks to public safety and to and $223,000 is to be obligated or expended (c) REPORT.—The Comptroller General the security of rail transportation that are outside the Northeast Corridor. shall submit a report on the results of the associated with long delays in the movement (9) $980,000 for applicant background inves- study to Congress. The report shall include of trains that have stopped on railroad grade tigations, of which 50 percent shall be obli- the Comptroller General’s assessment re- crossings of highways, streets, and other gated or expended on the Northeast Corridor garding whether it is feasible to implement roads for motor vehicle traffic, especially in and 50 percent shall be obligated or expended within the United States any of the same or major metropolitan areas. The Secretary outside the Northeast Corridor. similar security measures that are deter- shall include in the recommendations devel- (10) $457,000 for rapid response teams to re- mined effective under the study. oped under paragraph (1) recommended ac- spond to and prepare for on-site consequence SEC. 103. PASSENGER, BAGGAGE, AND CARGO tions for preventing such delays and reduc- management, all of which shall be obligated SCREENING. ing the risks identified in the analysis. or expended outside the Northeast Corridor. (a) REQUIREMENT FOR STUDY AND REPORT.— (b) CONSULTATION; USE OF EXISTING RE- (c) EQUIPMENT SECURITY.— The Secretary of Transportation shall— SOURCES.—In carrying out the assessment re- (1) IN GENERAL.—The following amounts (1) study the cost and feasibility of requir- quired by subsection (a), the Secretary are authorized to be appropriated to the Sec- ing security screening for all passengers, shall— retary of Transportation for the use of Am- baggage, and mail, express, and other cargo (1) consult with rail management, rail trak for fiscal year 2003: on Amtrak trains; and labor, and public safety officials (including (A) $1,755,000 to provide two-way commu- (2) report the results of the study, together officials responsible for responding to emer- nication devices for all Amtrak conductors. with any recommendations that the Sec- gencies); and

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(2) utilize, to the maximum extent feasible, ‘‘(3) 100 PERCENT FEDERAL FUNDING.—The through the use of Federal funds, including the resources and assistance of— Secretary may not require any portion of the transfers from the Highway Trust Fund (A) the Federal Railroad Administration’s publicly financed costs associated with eligi- under section 9503 of the Internal Revenue Rail Safety Advisory Committee; and ble activities to come from non-Federal Code of 1986. (B) the Transportation Research Board of sources. ‘‘(5) PRIORITIES TO CHICAGO, ATLANTA, AND the National Academy of Sciences. ‘‘(4) PRIORITIES TO CHICAGO, ATLANTA, AND DALLAS/FORT WORTH.—In determining (c) REPORT.— DALLAS/FORT WORTH.—In determining projects to be undertaken pursuant to this (1) CONTENTS.—Within 180 days after the projects to be undertaken pursuant to this subsection, the Secretary shall give the date of enactment of this Act, the Secretary paragraph, the Secretary shall give the high- highest priorities to undertaking implemen- shall transmit to the Senate Committee on est priorities to undertaking planning in the tation assistance in the vicinity of Union Commerce, Science, and Transportation and vicinity of Union Station in Chicago, Illi- Station in Chicago, Illinois, in metropolitan the House of Representatives Committee on nois, in metropolitan Atlanta, Georgia, and Atlanta, Georgia, and in the Dallas/Fort Transportation and Infrastructure a report, in the Dallas/Fort Worth, Texas, area.’’. Worth, Texas, area. without compromising national security, (b) CONFORMING AND OTHER AMENDMENTS TO ‘‘(6) SPECIAL TRANSPORTATION CIR- containing— SECTION 26101.—Section 26101 is further CUMSTANCES.—In carrying out this section, (A) the assessment and prioritized rec- amended— the Secretary shall allocate an appropriate ommendations required by subsection (a); (1) by striking subsection (c)(2) and insert- portion of the amounts available for imple- and ing the following: mentation assistance to providing appro- (B) any proposals the Secretary deems ap- ‘‘(2) the extent to which the proposed plan- priate related assistance in any State the propriate for providing Federal financial, ning focuses on high-speed rail systems, giv- rail transportation system of which— technological, or research and development ing a priority to systems which will achieve ‘‘(A) is not physically connected to rail assistance to railroads to assist the railroads sustained speeds of 125 miles per hour or systems in the continental United States; in reducing the likelihood, severity, and con- greater and projects involving dedicated rail and sequences of deliberate acts of crime or ter- passenger rights-of-way;’’; ‘‘(B) may not otherwise qualify for high- rorism toward rail employees, rail pas- (2) by inserting ‘‘and’’ after the semicolon speed rail implementation assistance due to sengers, rail shipments, or rail property. in subsection (c)(12); the constraints imposed on the railway in- (2) FORMAT.—The Secretary may submit (3) by striking ‘‘completed; and’’ in sub- frastructure in that State due to the unique the report in both classified and redacted section (c)(13) and inserting ‘‘completed.’’; characteristics of the geography of that formats if the Secretary determines that (4) by striking subsection (c)(14); and State or other relevant considerations, as de- such action is appropriate or necessary. (5) by adding at the end the following: termined by the Secretary. (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(d) OPERATORS AND CERTAIN SERVICE PRO- ‘‘(b) ELIGIBLE IMPLEMENTATION ACTIVI- There are authorized to be appropriated to VIDERS DEEMED RAIL CARRIERS.—A person TIES.—The following activities are eligible the Secretary $5,000,000 for fiscal year 2003 to that conducts rail operations, or performs for implementation assistance under sub- carry out this section, such sums to remain catering, cleaning, construction, mainte- section (a): available until expended. nance or other services for rail operations, ‘‘(1) Security planning and the acquisition TITLE II—INTERSTATE RAILROAD PAS- funded or otherwise receiving assistance of security and emergency response equip- SENGER HIGH-SPEED TRANSPORTATION under this section is deemed to be a rail car- ment. SYSTEM rier for purposes of part A of subtitle IV, ‘‘(2) Operating expenses. when so operating or performing such serv- ‘‘(3) Infrastructure acquisition and con- SEC. 201. INTERSTATE RAILROAD PASSENGER ices.’’. struction of track and facilities. HIGH-SPEED TRANSPORTATION POL- (c) CONFORMING AMENDMENT.—Section ICY. ‘‘(4) Highway-rail grade crossing elimi- 511(n)(1) of the Railroad Revitalization and nations and improvements. (a) IN GENERAL.—Chapter 261 is amended Regulatory Reform Act of 1976 (45 U.S.C. by inserting before section 26101 the fol- ‘‘(5) Acquisition of rights-of-way, loco- 831(n)(1)) is amended by striking ‘‘125’’ and lowing: motives, rolling stock, track, and signal inserting ‘‘90’’. equipment. ‘‘§ 26100. Policy (d) FINANCIAL ASSISTANCE TO INCLUDE ‘‘(c) CRITERIA FOR DETERMINING ASSISTANCE ‘‘(a) IN GENERAL.—The Congress declares LOANS AND LOAN GUARANTEES.—Section FOR IMPLEMENTATION ACTIVITIES.—The Sec- that it is the policy of the United States that 26105(1) is amended by inserting ‘‘loans, loan retary, in selecting recipients of assistance designated high-speed railroad passenger guarantees,’’ after ‘‘contracts,’’. under subsection (a), shall— transportation corridors are the building (e) REINVESTMENT OF NON-PASSENGER OPER- ‘‘(1) encourage the use of positive train blocks of an interconnected interstate rail- ATING PROFIT.—Amtrak shall invest any rev- control technologies; road passenger system that serves the entire enue from non-passenger operations in cap- ‘‘(2) require that any project meet any ex- Nation. ital needs outside the Northeast Corridor. isting safety regulations, and give preference ‘‘(b) SECRETARY REQUIRED TO ESTABLISH SEC. 203. IMPLEMENATION ASSISTANCE. to any project determined by the Secretary NATIONAL HIGH-SPEED GROUND TRANSPOR- (a) IN GENERAL.—Chapter 261 is amended to have particularly high levels of safety; TATION POLICY.—The Secretary of Transpor- by inserting after section 26101 the following: ‘‘(3) encourage intermodal connectivity by tation shall establish the national high- ‘‘§ 26101A. Implementation of corridor plans locating train stations in or near airports, speed ground transportation policy required ‘‘(a) IMPLEMENTATION ASSISTANCE.— bus terminals, subway stations, ferry ports, by section 309(e)(1) of this title no later than ‘‘(1) IN GENERAL.—The Secretary of Trans- and other modes of transportation; and December 31, 2002.’’. portation shall provide implementation as- ‘‘(4) ensure a general regional balance in (b) CONFORMING AMENDMENTS.— sistance to States or group of States and providing such assistance and avoid the con- (1) The chapter analysis for chapter 261 is other public agencies promoting the develop- centration of a disproportionate dedication amended by inserting before the item relat- ment of high-speed rail corridors designated of available financial assistance resources to ing to section 26101 the following: by the Secretary under section 104(d) of title a single project or region of the country. ‘‘26100. Policy.’’. 23. The Secretary shall establish an applica- ‘‘(d) OPERATORS AND CERTAIN SERVICE PRO- (2) Section 309(e)(1) is amended by striking tion and qualification process and, before VIDERS DEEMED RAIL CARRIERS.—A person ‘‘Within 12 months after the submission of providing assistance under this section, that conducts rail operations, or performs the study required by subsection (d),’’ and make a determination on the record that the catering, cleaning, construction, mainte- inserting ‘‘No later than December 31, 2002,’’. applicant is qualified and eligible for assist- nance or other services for rail operations, SEC. 202. HIGH-SPEED RAIL CORRIDOR PLAN- ance under this section. funded or otherwise receiving assistance NING. ‘‘(2) SECRETARY MAY PROVIDE DIRECT OR FI- under this section is deemed to be a rail car- (a) IN GENERAL.—Section 26101(a) is amend- NANCIAL ASSISTANCE.—The Secretary may rier for purposes of part A of subtitle IV, ed to read as follows: provide implementation assistance under when so operating or performing such serv- ‘‘(a) PLANNING.— paragraph (1) directly or by providing finan- ices.’’. ‘‘(1) IN GENERAL.—The Secretary of Trans- cial assistance to a public agency or group of (b) RULEMAKING REQUIRED.—Within 90 days portation shall provide planning assistance public agencies to undertake implementa- after the date of enactment of this Act, the to States or group of States and other public tion activities approved by the Secretary. Secretary of Transportation shall initiate a agencies promoting the development of high- ‘‘(3) 100 PERCENT FEDERAL SHARE.—The Sec- rulemaking to create an application and speed rail corridors designated by the Sec- retary may not require any portion of the qualification procedure for providing high- retary under section 104(d) of title 23. publicly financed costs associated with eligi- speed rail corridor implementation assist- ‘‘(2) SECRETARY MAY PROVIDE DIRECT OR FI- ble activities to come from non-Federal ance under section 26101A of title 49, United NANCIAL ASSISTANCE.—The Secretary may sources. States Code. provide planning assistance under paragraph ‘‘(4) CONTRIBUTION OF LAND.—Notwith- (c) CONFORMING AMENDMENT.—The chapter (1) directly or by providing financial assist- standing paragraph (3), the Secretary may analysis for chapter 261 is amended by in- ance to a public agency or group of public accept land contributed by a State for right- serting after the item relating to section agencies to undertake planning activities ap- of-way, without regard to whether the State 26101 the following: proved by the Secretary. acquired the land directly or indirectly ‘‘26101A. Implementation of corridor plans.’’.

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SEC. 204. DESIGNATED HIGH-SPEED RAIL COR- (c) OTHER HIGH-SPEED RAIL CORRIDORS.— the United States for the net benefit to the RIDORS. For purposes of this section, subsection (b)— railroad determined under the classification (a) IN GENERAL.—The Secretary of Trans- (1) does not limit the term ‘‘designated of such project made under subsection (b). portation shall give priority in allocating high-speed rail corridor’’ to those corridors That liability to the United States may be funds authorized by section 26104 of title 49, described in subsection (b); and discharged by direct payment to the State United States Code, to designated high-speed (2) does not limit the Secretary of Trans- transportation department of the State in rail corridors. portation’s authority— which the project is located, in which case (b) DESIGNATED HIGH-SPEED RAIL COR- (A) to designate additional high-speed rail such payment shall be credited to the cost of RIDORS.—For purposes of subsection (a), the corridors; or the project. The payment may consist in following shall be considered to be des- (B) to terminate the designation of any whole or in part of materials and labor fur- ignated high-speed rail corridors: high-speed rail corridor. nished by the railroad in connection with the (1) California Corridor connecting the San SEC. 205. LABOR STANDARDS. construction of the project. If any such railroad fails to discharge such liability within a Francisco Bay area and Sacramento to Los (a) EMPLOYEE PROTECTION.—The Secretary Angeles and San Diego. of Transportation shall require as a condi- 6-month period after completion of the (2) Chicago Hub Corridor Network with the tion of any project financed in whole or in project, it shall be liable to the United following spokes: part by funds authorized by this Act that the States for its share of the cost, and the Sec- retary shall request the Attorney General to (A) Chicago to Detroit. project be conducted in a manner that pro- institute proceedings against such railroad (B) Chicago to Minneapolis/St. Paul, Min- vides a fair arrangement at least as protec- for the recovery of the amount for which it nesota, via Milwaukee, Wisconsin. tive of the interests of employees who are af- is liable under this subsection. The Attorney (C) Chicago to Kansas City, Missouri, via fected by the project so funded as the terms General is authorized to bring such pro- Springfield, Illinois, and St. Louis, Missouri. imposed under arrangements reached under ceedings on behalf of the United States, in (D) Chicago to Louisville, Kentucky, via section 141 of the Amtrak Reform and Ac- the appropriate district court of the United Indianapolis, Indiana, and Cincinnati, Ohio. countability Act of 1997 (49 U.S.C. 24706 note) States, and the United States shall be enti- (E) Chicago to Cleveland, Ohio, via Toledo, on rail carriers. tled in such proceedings to recover such Ohio. (b) LABOR STANDARDS.— sums as it is considered and adjudged by the (F) Cleveland, Ohio, to Cincinnati, Ohio, (1) PREVAILING WAGES.—The Secretary or court that such railroad is liable for in the via Columbus, Ohio. Transportation— premises. Any amounts recovered by the (3) Empire State Corridor from New York (A) shall ensure that laborers and mechan- United States under this subsection shall be City, New York, through Albany, New York, ics employed by contractors and subcontrac- credited to miscellaneous receipts. to Buffalo, New York. tors in construction work financed in whole (d) SURVEY AND SCHEDULE OF PROJECTS.— or in part by funds authorized by this Act (4) Florida High-Speed Rail Corridor from Each State shall conduct and systematically will be paid wages not less than those pre- Tampa through Orlando to Miami. maintain a survey of all high-speed rail cor- vailing on similar construction in the local- (5) Gulf Coast Corridor from Houston ridor railway-highway crossings to identify ity, as determined by the Secretary of Labor Texas, through New Orleans, Louisiana, to those railroad crossings which may require under the Act of March 3, 1931 (known as the Mobile, Alabama, with a branch from New separation, relocation, or protective devices, Davis-Bacon Act; 40 U.S.C. 276a et seq.); and Orleans, through Meridian, Mississippi, and and establish and implement a schedule of (B) may make such funds available with re- Birmingham, Alabama, to Atlanta, Georgia. projects for this purpose. spect to construction work only after being (6) Keystone Corridor from Philadelphia, (e) FUNDS FOR PROTECTIVE DEVICES.—The Pennsylvania, through Harrisburg, Pennsyl- assured that required labor standards will be Secretary shall give priority under this sec- vania, to Pittsburgh, Pennsylvania. maintained on the construction work. tion to the elimination of high-speed rail (7) Northeast Corridor from Washington, (2) WAGE RATES.—Wage rates in a collec- corridor railway-highway grade crossings, District of Columbia, through New York tive bargaining agreement negotiated under but shall make funds authorized for obliga- City, New York, New Haven, Connecticut, the Railway Labor Act (45 U.S.C. 151 et seq.) tion or expenditure under this section avail- and Providence, Rhode Island, to Boston, are deemed for purposes of this subsection to able for the installation of protective devices Massachusetts, with a branch from New comply with the Act of March 3, 1931 (known at high-speed rail corridor railway-highway Haven, Connecticut, to Springfield, Massa- as the Davis-Bacon Act; 40 U.S.C. 276a et crossings where appropriate. chusetts. seq.). (f) APPORTIONMENT.—The Secretary shall (8) New England Corridor from Boston, SEC. 206. RAILWAY-HIGHWAY CROSSINGS IN apportion funds available for obligation and Massachusetts, to Portland and Auburn, HIGH-SPEED RAIL CORRIDORS. expenditure under this section between high- Maine, and from Boston, Massachusetts, (a) IN GENERAL.—The entire cost of con- speed rail corridor railway-highway cross- through Concord, New Hampshire, and Mont- struction of projects for the elimination of ings on the Northeast Corridor and such pelier, Vermont, to Montreal, Quebec. hazards of railway-highway crossings in des- crossings outside the Northeast Corridor in (9) Pacific Northwest Corridor from Eu- ignated high-speed rail corridors, including an equitable fashion, taking into account gene, Oregon, through Portland, Oregon, and the separation or protection of grades at traffic volume, traffic patterns, frequency of Seattle, Washington, to Vancouver, British crossings, the reconstruction of existing rail- trains, adequacy of existing hazard warnings, Columbia. road grade crossing structures, and the relo- and such other factors as the Secretary (10) South Central Corridor from San Anto- cation of highways to eliminate grade cross- deems appropriate. nio, Texas, through Dallas/ Fort Worth to ings, may be paid from sums authorized by (g) ANNUAL REPORT.—The Secretary shall Little Rock, Arkansas, with a branch from subsection (k). In any case when the elimi- report to the Senate Committee on Com- Dallas/Fort Worth through Oklahoma City, nation of the hazards of a railway-highway merce, Science, and Transportation and the Oklahoma, to Tulsa, Oklahoma. crossing can be effected by the relocation of House of Representatives Committee on (11) Southeast Corridor from Washington, a portion of a railway at a cost estimated by Transportation and Infrastructure not later District of Columbia, through Richmond, the Secretary of Transportation to be less than December 30 of each year on the Virginia, Raleigh, North Carolina, Columbia, than the cost of such elimination by one of progress being made to implement the rail- South Carolina, Savannah, Georgia, and the methods mentioned in the first sentence way-highway crossings program authorized Jessup, Georgia, to Jacksonville, Florida, of this section, then the entire cost of such by this section and the effectiveness of such with— relocation project may be paid from sums improvements. Each report shall contain an (A) a branch from Raleigh, North Carolina, authorized by subsection (k). assessment of the costs of the various treat- through Charlotte, North Carolina, and (b) CLASSIFICATION OF PROJECTS.—The Sec- ments employed and subsequent accident ex- Greenville, South Carolina, to Atlanta, Geor- retary may classify the various types of perience at improved locations. The report gia; a branch from Richmond, to Hampton projects involved in the elimination of haz- shall include— Roads/Norfolk, Virginia; ards of high-speed rail corridor railway-high- (1) the number of projects undertaken, (B) a branch from Charlotte, North Caro- way crossings, and may set for each such their distribution by cost range, road sys- lina, to Columbia, South Carolina, to classification a percentage of the costs of tem, nature of treatment, and subsequent ac- Charleston, South Carolina; construction which shall be deemed to rep- cident experience at improved locations; (C) a connecting route from Atlanta, Geor- resent the net benefit to the railroad or rail- (2) an analysis and evaluation of the pro- gia, to Jessup, Georgia; roads for the purpose of determining the rail- gram activities in each State, including (D) a connecting route from Atlanta, Geor- road’s share of the cost of construction. The identification of any State found not to be in gia, to Charleston, South Carolina; and percentage so determined shall in no case ex- compliance with the schedule of improve- (E) a branch from Raleigh, North Carolina, ceed 10 per cent of such costs. The Secretary ments required by subsection (d); and through Florence, South Carolina, to shall determine the appropriate classifica- (3) recommendations for future implemen- Charleston, South Carolina, and Savannah, tion of each project. tation of the railway-highway crossings pro- Georgia, with a connecting route from Flor- (c) LIABILITY OF RAILROAD.—Any railroad gram under this section and section 130 of ence, South Carolina, to Myrtle Beach, involved in a project for the elimination of title 23, United States Code. South Carolina. hazards of railway-highway crossings paid (h) USE OF FUNDS FOR MATCHING.—Funds (12) Southwest Corridor from Los Angeles, for in whole or in part from sums made authorized to be appropriated to carry out California, to Las Vegas, Nevada. available under this section shall be liable to this section may be used to provide a local

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government with funds to be used on a ‘‘(5) ‘national rail passenger transportation (2) APPLICATION OF D.C. CORPORATION ACT.— matching basis when State funds are avail- system’ means— Section 24301(e) is amended by striking ‘‘title able which may only be spent when the local ‘‘(A) the spine of the Northeast Corridor 5, this part, and, to the extent consistent government produces matching funds for the between Boston, Massachusetts and Wash- with this part, the District of Columbia Cor- improvement of railway-highway crossings. ington, D.C.; poration Act (D.C. Code 29-301 et seq.)’’ and (i) INCENTIVE PAYMENTS FOR AT-GRADE ‘‘(B) rail corridors that have been des- inserting ‘‘title 5 and this part’’. CROSSING CLOSURES.—. ignated by the Secretary of Transportation (3) APPLICATION OF BUY AMERICAN ACT.— (1) IN GENERAL.—Notwithstanding any as high-speed corridors, but only after they Section 24305(f) is amended to read as fol- other provision of this section and subject to have been improved to permit operation of lows: paragraphs (2) and (3), the Secretary may high-speed service; ‘‘(f) DOMESTIC BUYING PREFERENCES.—The make incentive payments to a local govern- ‘‘(C) long-distance routes of more than 750 Buy American Act (41 U.S.C. 10a) and section ment upon the permanent closure by such miles between endpoints operated by Amtrak 301 of the Trade Agreements Act of 1979 (19 government of public at-grade high-speed as of the date of enactment of the National U.S.C. 2511) apply to Amtrak.’’. rail corridor railway-highway crossings Defense Rail Act; and SEC. 303. ADDITIONAL AMTRAK AUTHORIZA- under its jurisdiction. ‘‘(D) short-distance corridors or routes op- TIONS. (2) INCENTIVE PAYMENTS BY RAILROADS.— erated as of the date of enactment of the Na- (a) EXCESS RRTA.—There are authorized to The Secretary may not make an incentive tional Defense Rail Act, unless discontinued be appropriated to the Secretary of Trans- payment under paragraph (1) to a local gov- by Amtrak.’’. portation for the use of Amtrak for fiscal ernment with respect to the closure of a (b) AMTRAK ROUTES WITH STATE FUNDING.— year 2003, and each fiscal year thereafter, an crossing unless the railroad owning the (1) IN GENERAL.—Chapter 247 is amended by amount equal to the amount Amtrak must tracks on which the crossing is located inserting after section 27101 the following: pay under section 3221 of the Internal Rev- makes an incentive payment to the govern- ‘‘§ 24702. Transportation requested by States, enue Code of 1986 in fiscal years that is more than the amount needed for benefits for indi- ment with respect to the closure. authorities, and other persons viduals who retire from Amtrak and for their (3) AMOUNT OF FEDERAL INCENTIVE PAY- ‘‘(a) CONTRACTS FOR TRANSPORTATION.— beneficiaries. MENT.—The amount of the incentive pay- Amtrak and a State, a regional or local au- (b) PRINCIPAL AND INTEREST PAYMENTS.— ment payable to a local government under thority, or another person may enter into a (1) PRINCIPAL ON DEBT SERVICE.—There are paragraph (1) with respect to a crossing may contract for Amtrak to operate an intercity authorized to be appropriated to the Sec- not exceed the lesser of— rail service or route not included in the na- retary of Transportation for the use of Am- (A) the amount of the incentive payment tional rail passenger transportation system trak for retirement of principal on loans for paid to the government with respect to the upon such terms as the parties thereto may capital equipment, or capital leases, the fol- crossing by the railroad concerned under agree. lowing amounts: ‘‘(b) DISCONTINUANCE.—Upon termination paragraph (2); or (A) For fiscal year 2003, $105,000,000. of a contract entered into under this section, (B) $ 7,500. (B) For fiscal year 2004, $93,000,000. or the cessation of financial support under (j) COORDINATION WITH TITLE 23 PROGRAM.— (C) For fiscal year 2005, $105,000,000. such a contract, Amtrak may discontinue In carrying out this section, the Secretary (D) For fiscal year 2006, $108,000,000. shall— such service or route, notwithstanding any other provision of law.’’. (E) For fiscal year 2007, $183,000,000. (1) implement this section in accordance (2) INTEREST ON DEBT.—There are author- (2) CONFORMING AMENDMENT.—The chapter with the classification of projects and rail- ized to be appropriated to the Secretary of analysis for chapter 247 is amended by in- road share of the cost as provided in section Transportation for the use of Amtrak for the serting after the item relating to section 646.210 of title 23, Code of Federal Regula- payment of interest on loans for capital 24701 the following: tions; and equipment, or capital leases, the following (2) coordinate the administration of this ‘‘24702. Transportation requested by States, amounts: section with the program established by sec- authorities, and other persons’’. (A) For fiscal year 2003, $160,000,000. tion 130 of title 23, United States Code, in SEC. 302. EXTENSION OF AUTHORIZATION. (B) For fiscal year 2004, $157,000,000. order to avoid duplication of effort and to (a) IN GENERAL.—Section 24104(a) is amend- (C) For fiscal year 2005, $147,000,000. ensure the effectiveness of both programs. ed— (D) For fiscal year 2006, $142,000,000. (k) FUNDING.—Not less than 10 percent of (1) by striking ‘‘and’’ in paragraph (4); (E) For fiscal year 2007, $134,000,000. the amounts appropriated for each fiscal (2) by striking ‘‘2002,’’ in paragraph (5) and (c) ENVIRONMENTAL COMPLIANCE.—There year to carry out section 26101A shall be ob- inserting ‘‘2002; and’’; and are authorized to be appropriated to the Sec- ligated or expended to carry out this section. (3) by inserting after paragraph (5) the fol- retary of Transportation for the use of Am- SEC. 207. AUTHORIZATION OF APPROPRIATIONS. lowing: trak for fiscal year 2003, and each fiscal year Section 26104 is amended to read as follows: ‘‘(6) such sums as are authorized by this thereafter, $30,000,000, of which one-third ‘‘§ 26104. Authorization of appropriations title and by the National Defense Rail Act shall be obligated or expended on the North- for fiscal years 2003 through 2007,’’. east Corridor and two-thirds shall be obli- ‘‘(a) FISCAL YEARS 2003 THROUGH 2008.— (b) REPEAL OF SELF-SUFFICIENCY REQUIRE- gated or expended outside the Northeast Cor- There are authorized to be appropriated to MENTS. ridor, in order to comply with environmental the Secretary for each of fiscal years 2003 (1) TITLE 49 AMENDMENTS.—Chapter 241 is regulations. through 2008— amended— (d) COMPLIANCE WITH ADA REQUIRE- ‘‘(1) $25,000,000 for carrying out section (A) by striking the last sentence of section MENTS.— 26101; 24101(d); and (1) IN GENERAL.—There are authorized to be ‘‘(2) $1,500,000,000 for carrying out section (B) by striking the last sentence of section appropriated to the Secretary of Transpor- 26101A; and 24104(a). tation for the use of Amtrak for each of fis- ‘‘(3) $25,000,000 for carrying out section (2) AMTRAK REFORM AND ACCOUNTABILITY cal years 2003 through 2007, $43,000,000 for ac- 26102. ACT AMENDMENTS.—Title II of the Amtrak cess improvements in facilities and stations ‘‘(b) FUNDS TO REMAIN AVAILABLE.—Funds Reform and Accountability Act of 1997 (49 necessary to comply with the requirements made available under this section shall re- U.S.C. 24101 nt) is amended by striking sec- of the Americans With Disabilities Act of main available until expended. tions 204 and 205. 1990 (42 U.S.C. 12162), including an initial as- ‘‘(c) SPECIAL RULE.—Except as specifically (3) COMMON STOCK REDEMPTION DATE.—Sec- sessment of the full set of needs across the provided in section 26101, 26101A, or 26102, no national rail passenger transportation sys- amount authorized by subsection (a) may be tion 415 of the Amtrak Reform and Account- ability Act of 1997 (49 U.S.C. 24304 nt) is tem, of which— used for obligation or expenditure on the (A) $10,000,000 shall be obligated or ex- Boston-to-Washington segment of the North- amended by striking subsection (b). (c) LEASE ARRANGEMENTS.—Amtrak may pended on the Northeast Corridor; and east Corridor while that segment is receiving obtain services from the Administrator of (B) $33,000,000,000 shall be obligated or ex- Federal funds for capital or operating ex- General Services, and the Administrator pended outside the Northeast Corridor, of penses.’’. may provide services to Amtrak, under sec- which $15,000,000 shall be obligated or ex- TITLE III—NATIONAL RAILROAD tion 201(b) and 211(b) of the Federal Property pended for long-distance trains. PASSENGER CORPORATION and Administrative Service Act of 1949 (40 (2) BEST EFFORTS REQUIREMENT.—If Amtrak SEC. 301. NATIONAL RAILROAD PASSENGER U.S.C. 481(b) and 491(b)) for fiscal year 2003 fails to meet the period for compliance re- TRANSPORTATION SYSTEM DE- and each fiscal year thereafter. quirement imposed by section FINED. (d) MISCELLANEOUS AMTRAK-RELATED 242(e)(2)(A)(ii)(I) of the Americans With Dis- (a) IN GENERAL.—Section 24102 is amend- AMENDMENTS.— abilities Act of 1990 (42 U.S.C. ed— (1) FINANCIAL POWERS.—Section 415(d) of 12162(e)(2)(A)(ii)(I))— (1) by striking paragraph (2); the Amtrak Reform and Accountability Act (A) it shall not be considered discrimina- (2) by redesignating paragraphs (3), (4), and of 1997 by adding at the end the following: tion for purposes of section 202 of that Act (5) as paragraphs (2), (3), and (4), respec- ‘‘(3) This section does not affect the appli- (42 U.S.C. 12132) or section 504 of the Reha- tively; and cability of section 3729 of title 31, United bilitation Act of 1973 (29 U.S.C. 794) if Am- (3) by inserting after paragraph (4) as so re- States Code, to claims made against Am- trak demonstrates to the satisfaction of the designated the following: trak.’’. Secretary of Transportation that—

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1608 CONGRESSIONAL RECORD — SENATE March 6, 2002 (i) Amtrak has made substantial progress nication, lighting, and passenger egress up- capital stations and facilities needs to pro- toward meeting the requirements of section grades. vide regular upgrades to stations to meet 242(e)(2)(A)(ii)(I) of the Americans With Dis- (c) INFRASTRUCTURE UPGRADES.—There are current service needs, and regular improve- abilities Act of 1990 (42 U.S.C. authorized to be appropriated to the Sec- ments to maintenance-of-way equipment and 12162(e)(2)(A)(ii)(I)); and retary of Transportation for the use of Am- maintenance-of-way facilities. (ii) Amtrak’s failure to meet the period of trak for fiscal year 2003, $3,000,000 for the pre- (f) TECHNOLOGY NEEDS.—There are author- compliance requirement of that section is liminary design of options for a new tunnel ized to be appropriated to the Secretary of attributable to the insufficiency of appro- on a different alignment to augment the ca- Transportation for the use of Amtrak for fis- priated funds; and pacity of the existing Baltimore tunnels. cal year 2003, and each fiscal year thereafter, (B) the period for compliance under section (d) CORRIDOR GROWTH INVESTMENT.—There $10,000,000 for ongoing technology needs to 242(e)(2)(A)(ii)(I) of the Americans With Dis- are authorized to be appropriated to the Sec- upgrade reservation, distribution, financial, abilities Act of 1990 (42 U.S.C. retary of Transportation for the use of Am- and operations systems, including hardware, 12162(e)(2)(A)(ii)(I)) shall be extended until— trak for corridor growth investments in the software, infrastructure, and communica- (i) sufficient funds have been appropriated Northeast Corridor— tions. to the Secretary of Transportation for the (1) For fiscal year 2003, $200,000,000. use of Amtrak to enable Amtrak to comply (2) For fiscal year 2004, $300,000,000. SEC. 306. SHORT DISTANCE TRAINS; STATE-SUP- PORTED ROUTES. fully with the requirements of that section; (3) For fiscal year 2005, $400,000,000. and (4) For fiscal year 2006, $500,000,000. There are authorized to be appropriated to (ii) a reasonable period of time for the (5) For fiscal year 2007, $600,000,000. the Secretary of Transportation for the use completion of necessary construction so (e) FINANCIAL CONTRIBUTION FROM OTHER of Amtrak for fiscal year 2003, and each fis- funded has passed. TUNNEL USERS.—The Secretary shall, taking cal year thereafter, for obligation and expenditure on routes outside the Northeast SEC. 304. NORTHEAST CORRIDOR AUTHORIZA- into account the need for the timely comple- TIONS. tion of all life safety portions of the tunnel Corridor— (1) $20,000,000 for capital backlog on infra- (a) IN GENERAL.—There are authorized to projects described in subsection (b)— structure to bring infrastructure up to a be appropriated to the Secretary of Trans- (1) consider the extent to which rail car- state-of-good-repair, including improve- portation for the use of Amtrak for fiscal riers other than Amtrak use the tunnels; ments on bridges and tunnels that are ap- year 2003, and each fiscal year thereafter, the (2) consider the feasibility of seeking a fi- proaching the end of their useful life and following amounts: nancial contribution from those other rail interlocking and signal system renewal; (1) $370,000,000 for capital backlog on infra- carriers toward the costs of the projects; and (2) $10,000,000 for capital backlog on its structure on the Northeast Corridor to bring carriers if feasible. fleet to bring Amtrak’s existing fleet as of infrastructure up to state-of-good-repair, in- (f) AVAILABILITY OF FUNDS.—Amounts ap- the date of enactment of this Act to a state- cluding renewal of the South End electric propriated pursuant to this section shall re- of-good-repair, including equipment replace- traction system, improvements on bridges main available until expended. ment and upgrades necessary to meet cur- and tunnels, and interlocking and signal sys- (g) REINVESTMENT OF NEC OPERATING rent service commitments; tem renewal. PROFIT.—Amtrak shall invest any revenue (3) $170,000,000 for ongoing capital infra- (2) $60,000,000 for capital backlog on fleet to from operations in the Northeast Corridor in structure to replace assets on a life-cycle bring existing fleet to a state-of-good-repair, capital needs of the corridor until the back- basis to ensure a state-of-good-repair is including equipment replacement and up- log of capital improvements are completed maintained in order to meet safety and reli- grades necessary to meet current service under Amtrak’s 20-year plan. ability standards needed to deliver current commitments. SEC. 305. LONG DISTANCE TRAINS. service commitments, including investment (3) $40,000,000 for capital backlog on sta- (a) IN GENERAL.—There are authorized to in partner railroads to operate passenger tions and facilities, including improvements be appropriated to the Secretary of Trans- service at currently committed levels. to the facility and platform at the existing portation for the use of Amtrak for fiscal (4) $40,000,000 for ongoing capital fleet Penn Station, and bringing maintenance-of- year 2003, and each fiscal year thereafter, needs to sustain regularly scheduled mainte- way facilities up to state-of-good-repair. $360,000,000 for operating costs associated nance, including a 120-day cycle preventive (4) $350,000,000 for ongoing capital infra- with long distance trains. maintenance schedule, and heavy overhauls structure— (b) CAPITAL BACKLOG AND UPGRADES.— on a 4-year schedule, with interior enhance- (A) to replace assets on a life-cycle basis; There are authorized to be appropriated to ments as needed; (B) to ensure that a state-of-good-repair is the Secretary of Transportation for the use (5) $10,000,000 for ongoing capital stations maintained in order to meet safety and reli- of Amtrak for fiscal year 2003, and each fis- and facilities needs to provide regular up- ability standards; and cal year thereafter, $70,000,000 to reduce the grades to stations to meet current service (C) to meet current service commitments. capital backlog and to bring its existing needs, and regular improvements to mainte- (5) $40,000,000 for ongoing capital fleet in- fleet to a state-of-good-repair, including nance-of-way equipment and maintenance- vestment to sustain regularly scheduled equipment replacement and upgrades nec- of-way facilities; and maintenance, including a 120-day cycle of essary to meet current service commit- (6) $20,000,000 for ongoing technology needs preventive maintenance, and heavy over- ments. to upgrade of reservation, distribution, fi- hauls on a 4-year schedule, with interior en- (c) ONGOING CAPITAL INFRASTRUCTURE IN- nancial, and operations systems, including hancements as needed. VESTMENTS.—There are authorized to be ap- hardware, software, infrastructure and com- (6) $30,000,000 for ongoing capital improve- propriated to the Secretary of Transpor- munications. ments to stations and facilities to provide tation for the use of Amtrak for fiscal year for regular upgrades to stations to meet cur- 2003, and each fiscal year thereafter, SEC. 307. RE-ESTABLISHMENT OF NORTHEAST rent service needs, and regular improve- $80,000,000 for ongoing capital infrastruc- CORRIDOR SAFETY COMMITTEE. ments to maintenance-of-equipment and ture— (a) RE-ESTABLISHMENT OF NORTHEAST COR- maintenance-of-way facilities. (1) to replace assets on a life-cycle basis; RIDOR SAFETY COMMITTEE.—The Secretary of (7) $20,000,000 for ongoing technology up- (2) to ensure that a state-of-good-repair is Transportation shall re-establish the North- grades of reservation, distribution, financial, maintained in order to meet safety and reli- east Corridor Safety Committee authorized and operations systems, including hardware, ability standards; by section 24905(b) of title 49, United States software, infrastructure, and communica- (3) to meet current service commitments; Code. tions. and (b) TERMINATION DATE.—Section 24905(b)(4) (b) LIFE SAFETY NEEDS.—There are author- (4) to provide funds for investment in part- is amended by striking ‘‘January 1, 1999,’’ ized to be appropriated to the Secretary of ner railroads to operate passenger service at and inserting ‘‘January 1, 2008,’’. Transportation for the use of Amtrak for fis- currently committed levels. SEC. 308. ON-TIME PERFORMANCE. cal year 2003: (d) CAPITAL FLEET NEEDS.—There are au- (1) $798,000,000 for the 6 New York tunnels thorized to be appropriated to the Secretary Section 24308 is amended by adding at the built in 1910 to provide ventilation, elec- of Transportation for the use of Amtrak for end the following: trical, and fire safety technology upgrades, fiscal year 2003, and each fiscal year there- ‘‘(f) ON-TIME PERFORMANCE.—If the on-time emergency communication and lighting sys- after, $50,000,000 for ongoing capital fleet performance of any intercity passenger train tems, and emergency access and egress for needs to sustain regularly scheduled mainte- averages less than 80 percent for any con- passengers. nance, including a 120-day cycle of preven- secutive 3-month period, Amtrak may peti- (2) $57,000,000 for the Baltimore & Potomac tive maintenance, and heavy overhauls on a tion the Surface Transportation Board to in- tunnel built in 1872 to provide adequate 4-year schedule, with interior enhancements vestigate whether, and to what extent, drainage, ventilation, communication, light- as needed. delays are due to causes that could reason- ing, and passenger egress upgrades. (e) CAPITAL STATIONS AND FACILITIES.— ably be addressed by a rail carrier over the (3) $40,000,000 for the Washington, D.C. There are authorized to be appropriated to tracks of which the intercity passenger train Union Station tunnels built in 1904 under the the Secretary of Transportation for the use operates, or by a regional authority pro- Supreme Court and House and Senate Office of Amtrak for fiscal year 2003, and each fis- viding commuter service, if any. In carrying Buildings to improve ventilation, commu- cal year thereafter, $10,000,000 for ongoing out such an investigation, the Surface

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1609 Transportation Board shall obtain informa- (B) to aggregate expenses and revenues re- (C) by adding after subparagraph (D) the tion from all parties involved and make rec- lated to infrastructure and distinguish them following new subparagraph: ommendations regarding reasonable meas- from expenses and revenues related to rail ‘‘(E) the size and characteristics of the co- ures to improve the on-time performance of operations. hort of which the loan or loan guarantee is a the train.’’. (b) VERIFICATION OF SYSTEM; REPORT.—The member; and’’; and SEC. 309. AMTRAK BOARD OF DIRECTORS. Inspector General of the Department of (2) by adding at the end of paragraph (4) (a) IN GENERAL.—Section 24302 is amended Transportation shall review the accounting the following: ‘‘A cohort may include loans to read as follows: system designed and implemented under sub- and loan guarantees. The Secretary shall not ‘‘§ 24302. Board of directors section (a) to ensure that it accomplishes the establish any limit on the proportion of a co- purposes for which it is intended. The Inspec- ‘‘(a) COMPOSITION AND TERMS.— hort that may be used for 1 loan or loan ‘‘(1) The board of directors of Amtrak is tor General shall report his findings and con- guarantee.’’. composed of the following 9 directors, each clusions, together with any recommenda- (e) CONDITIONS OF ASSISTANCE.—Section 502 of whom must be a citizen of the United tions, to the Senate Committee on Com- of the Railroad Revitalization and Regu- States: merce, Science, and Transportation and the latory Reform Act of 1976 (45 U.S.C. 822) is House of Representatives Committee on ‘‘(A) The President of Amtrak. amended— Transportation and Infrastructure. ‘‘(B) The Secretary of Transportation. (1) by striking ‘‘offered;’’ in subsection (c) REVIEW OF FINANCIAL STATUS AND FUND- ‘‘(C) 7 individuals appointed by the Presi- (f)(2)(A) and inserting ‘‘offered, if any;’’and ING REQUIREMENTS BY DOT INSPECTOR GEN- dent of the United States, by and with the (2) by adding at the end of subsection (h) ERAL.—The Inspector General of the Depart- advice and consent of the Senate, with an in- the following: ‘‘The Secretary shall not re- ment of Transportation shall, as part of the quire an applicant for a direct loan or loan terest, experience, and qualifications in or Department’s annual assessment of Am- directly related to rail transportation, in- guarantee under this section to provide col- trak’s financial status and capital funding lateral. The Secretary shall not require that cluding representatives of the passenger rail requirements review the obligation and ex- transportation, travel, hospitality, cruise an applicant for a direct loan or loan guar- penditure of funds under each such funding antee under this section have previously line, and passenger air transportation busi- document, procedure, or arrangement to en- nesses, and consumers of passenger rail sought the financial assistance requested sure that the expenditure and obligation of from another source. The Secretary shall re- transportation. those funds are consistent with the purposes ‘‘(2) An individual appointed under para- quire recipients of direct loans or loan guar- for which they are provided under this Act. antees under this section to apply the stand- graph (1)(C) of this subsection serves for 5 (d) AUTHORIZATION OF APPROPRIATIONS.— ards of section 22301(b) and (c) of title 49, years or until the individual’s successor is There are authorized to be appropriated to United States Code, to their projects.’’. appointed and qualified. Not more than 4 in- the Secretary of Transportation for the use (f) TIME LIMIT FOR APPROVAL OR DIS- dividuals appointed under paragraph (1)(C) of Amtrak $2,500,000 for fiscal year 2003 to APPROVAL.—Section 502 of the Railroad Revi- may be members of the same political party. carry out subsection (a), such sums to re- talization and Regulatory Reform Act of 1976 ‘‘(3) The board shall elect a chairman and main available until expended. (45 U.S.C. 822) is amended by adding at the a vice chairman from among its membership. TITLE IV—MISCELLANEOUS The vice chairman shall serve as chairman in end the following: SEC. 401. REHABILITATION, IMPROVEMENT, AND ‘‘(i) TIME LIMIT FOR APPROVAL OR DIS- the absence of the chairman. SECURITY FINANCING. APPROVAL.—Not later than 180 days after re- ‘‘(4) The Secretary may be represented at a (a) DEFINITIONS.—Section 102(7) of the Rail- ceiving a complete application for a direct meeting of the board only by the Deputy road Revitalization and Regulatory Reform loan or loan guarantee under this section, Secretary of Transportation, the Adminis- Act of 1976 (45 U.S.C. 802(7)) is amended to the Secretary shall approve or disapprove trator of the Federal Railroad Administra- read as follows: the application.’’. tion, or the General Counsel of the Depart- ‘‘(7) ‘railroad’ has the meaning given that (g) FEES AND CHARGES.—Section 503 of the ment of Transportation. term in section 20102 of title 49, United Railroad Revitalization and Regulatory Re- ‘‘(b) PAY AND EXPENSES.—Each director not States Code; and’’. form Act of 1976 (45 U.S.C. 823) is amended— employed by the United States Government (b) GENERAL AUTHORITY.—Section 502 of (1) by adding at the end of subsection (k) is entitled to $300 a day when performing the Railroad Revitalization and Regulatory board duties and powers. Each director is en- the following: ‘‘Funds received by the Sec- Reform Act of 1976 (45 U.S.C. 822) is amend- retary under the preceding sentence shall be titled to reimbursement for necessary travel, ed— reasonable secretarial and professional staff credited to the appropriation from which the (1) by striking ‘‘Secretary may provide di- support, and subsistence expenses incurred expenses of making such appraisals, deter- rect loans and loan guarantees to State and in attending board meetings. minations, and findings were incurred.’’; and local governments,’’ in subsection (a) and in- ‘‘(c) VACANCIES.—A vacancy on the board is (2) by adding at the end the following new filled in the same way as the original selec- serting ‘‘Secretary shall provide direct loans subsection: tion, except that an individual appointed by and loan guarantees to State and local gov- ‘‘(l) FEES AND CHARGES.—Except as pro- the President of the United States under ernments, interstate compacts entered into vided in this title, the Secretary may not as- subsection (a)(1)(C) of this section to fill a under section 410 of the Amtrak Reform and sess any fees, including user fees, or charges vacancy occurring before the end of the term Accountability Act of 1997 (49 U.S.C 24101 in connection with a direct loan or loan for which the predecessor of that individual nt),’’; guarantee provided under section 502.’’. was appointed is appointed for the remainder (2) by striking ‘‘or’’ in subsection (b)(1)(B); (h) SUBSTANTIVE CRITERIA AND STAND- of that term. A vacancy required to be filled (3) by redesignating subparagraph (C) of ARDS.—Not later than 30 days after the date by appointment under subsection (a)(1)(C) subsection (b)(1) as subparagraph (D); and of the enactment of this Act, the Secretary must be filled not later than 120 days after (4) by inserting after subparagraph (B) of of Transportation shall publish in the Fed- the vacancy occurs. subsection (b)(1) the following: eral Register and post on the Department of ‘‘(d) BYLAWS.—The board may adopt and ‘‘(C) to acquire, improve, or rehabilitate Transportation website the substantive cri- amend bylaws governing the operation of rail safety and security equipment and fa- teria and standards used by the Secretary to Amtrak. The bylaws shall be consistent with cilities; or’’. determine whether to approve or disapprove this part and the articles of incorporation.’’. (c) EXTENT OF AUTHORITY.—Section 502(d) applications submitted under section 502 of (b) EFFECTIVE DATE.—The amendment of the Railroad Revitalization and Regu- the Railroad Revitalization and Regulatory made by subsection (a) shall take effect on latory Reform Act of 1976 (45 U.S.C. 822(d)) is Reform Act of 1976 (45 U.S.C. 822). October 1, 2003. The members of the Amtrak amended— (i) OPERATORS AND SERVICE PROVIDERS Reform Board may continue to serve until 3 (1) by striking ‘‘$3,500,000,000’’ and insert- DEEMED RAIL CARRIERS.—Section 502 of the directors appointed by the President under ing ‘‘$35,000,000,000’’; Railroad Revitalization and Regulatory Re- section 24302(a) of title 49, United States (2) by striking ‘‘$1,000,000,000’’ and insert- form Act of 1976 (45 U.S.C. 822), as amended Code, as amended by subsection (a), have ing ‘‘$7,000,000,000’’; and by subsection (f), is amended by adding at qualified for office. (3) by adding at the end the following new the end the following: SEC. 310. INDEPENDENT AUDIT OF AMTRAK OP- sentence: ‘‘The Secretary shall not establish ‘‘(j) OPERATORS AND CERTAIN SERVICE PRO- ERATIONS; REVIEW BY DOT IG. any limit on the proportion of the unused VIDERS DEEMED RAIL CARRIERS.—A person (a) IN GENERAL.—Amtrak shall employ an amount authorized under this subsection that conducts rail operations, or performs independent financial consultant— that may be used for 1 loan or loan guar- catering, cleaning, construction, mainte- (1) to assess its financial accounting and antee.’’. nance, or other services for rail operations, reporting system; (d) COHORTS OF LOANS.—Section 502(f) of funded or otherwise receiving assistance (2) to design and assist Amtrak in imple- the Railroad Revitalization and Regulatory under this section is deemed to be a rail car- menting a modern financial accounting and Reform Act of 1976 (45 U.S.C. 822(f)) is amend- rier for purposes of part A of subtitle IV of reporting system, on the basis of the assess- ed— title 49, United States Code, when so oper- ment, that will produce accurate and timely (1) in paragraph (2)— ating or performing such services.’’. financial information in sufficient detail— (A) by striking ‘‘and’’ at the end of sub- SEC. 402. RAIL PASSENGER COOPERATIVE RE- (A) to enable Amtrak to assign revenues paragraph (D); SEARCH PROGRAM. and expenses appropriately to each of its (B) by redesignating subparagraph (E) as (a) IN GENERAL.—Chapter 249 is amended lines of business activity; and subparagraph (F); and by adding at the end the following:

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‘‘§ 24910. Passenger rail cooperative research (b) CONFORMING AMENDMENT.—The chapter (3) by adding at the end the following new program analysis for chapter 249 is amended by add- paragraph: ing at the end the following: ‘‘(2)(A) The State-owned railroad may con- ‘‘(a) IN GENERAL.—The Secretary shall es- vey all right, title, and interest of the State tablish and carry out a rail passenger coop- ‘‘24910. Passenger rail cooperative research in any land within the right-of-way to a erative research program. The program program’’. third party in exchange for other land that, shall— (c) AUTHORIZATION OF APPROPRIATIONS.— in substitution for the land conveyed, is to ‘‘(1) address, among other matters, inter- There are authorized to be appropriated to be utilized as part of the right-of-way if the city rail passenger services, including exist- the Secretary of Transportation $5,000,000 for continuity of the right-of-way corridor for ing rail passenger technologies and speeds, fiscal year 2003, and each fiscal year there- transportation, communications, and trans- incrementally enhanced rail systems and in- after, to carry out section 24910(d) of title 49, mission purposes is provided by such use of frastructure, and new high-speed wheel-on- United States Code. SEC. 403. CONFORMING AMENDMENTS TO TITLE the substituted land. rail systems; ‘‘(B) The provisions of this section that re- ‘‘(2) give consideration to research on com- 49 REFLECTING ICC TERMINATION ACT. quire reversion shall apply to the substituted muter rail, regional rail, freight rail, and land, as of the effective date of the exchange other modes of rail transportation that may (a) SECTION 307.— (1) Section 307 is amended— of that land in a transaction authorized by affect rail passenger transportation due to subparagraph (A), as fully as if the sub- the interconnectedness of the rail passenger (A) by striking ‘‘Interstate Commerce Com- mission’’ in the section heading and insert- stituted land had been rail properties of the network with other rail transportation serv- Alaska Railroad as of January 13, 1983. ices; and ing ‘‘Surface Transportation Board’’; (B) by striking ‘‘Interstate Commerce ‘‘(C) Upon the conveyance of land in a ‘‘(3) give consideration to regional con- transaction authorized by subparagraph (A), cerns regarding rail passenger transpor- Commission’’ in subsection (a) and inserting ‘‘Surface Transportation Board’’; and any reversionary interest in the land under tation, including meeting research needs this section shall terminate.’’. common to designated high-speed corridors, (C) by striking ‘‘Commission’’ each place it appears and inserting ‘‘Board’’. long-distance rail services, and regional NATIONAL DEFENSE RAIL ACT intercity rail corridors, projects, and enti- (2) The chapter analysis for chapter 3 is One-time FY 2003 authorization for Secu- ties. amended by striking the item relating to section 307 and inserting the following: rity Funds: $1.26 billion. ‘‘(b) CONTENTS.—The program to be carried ‘‘307. Safety information and intervention in Total funds authorized annually for FY out under this section shall include research 2003 through FY 2007: $4.61 billion. designed— Surface Transportation Board SECURITY PROVISIONS ($1.26 B IN FY 2003) ‘‘(1) to develop more accurate models for proceedings’’. evaluating the indirect effects of rail pas- (b) SECTION 333.—Section 333 is amended— $360M for Amtrak security needs, evenly senger service, including the effects on high- (1) by striking ‘‘Interstate Commerce Com- divided between the Northeast Corridor and way and airport and airway congestion, envi- mission’’ each place it appears and inserting Non-Northeast Corridor. ronmental quality, and energy consumption; ‘‘Surface Transportation Board’’; and $5M for DOT to perform a security assess- ‘‘(2) to develop a better understanding of (2) by striking ‘‘Commission’’ in subsection ment of all rail, including freight needs. modal choice as it affects rail passenger (c) and inserting ‘‘Board’’. $895M for life safety upgrades to tunnels in transportation, including development of (c) SECTION 351.—Section 351(c) is amended NY, Balt, DC. better models to predict ridership; by striking ‘‘Interstate Commerce Commis- $3M for preliminary design work for the ‘‘(3) to recommend priorities for tech- sion’’ and inserting ‘‘Surface Transportation Baltimore tunnels. nology demonstration and development; Board’’. FEDERAL HIGH SPEED CORRIDOR DEVELOPMENT ‘‘(4) to meet additional priorities as deter- (d) SECTION 24307.—Section 24307(b)(3) is ($1.55 B ANNUALLY) mined by the advisory board established amended by striking ‘‘Interstate Commerce $25M to DOT for Research and Develop- under subsection (c), including any rec- Commission’’ and inserting ‘‘Surface Trans- ment Activities. ommendations made by the National Re- portation Board’’. $25M to DOT for Planning. search Council; (e) SECTION 24308.—Section 24308 is amend- $1.5B to DOT for Implementation/Construc- ‘‘(5) to explore improvements in manage- ed— tion. ment, financing, and institutional struc- (1) by striking ‘‘Interstate Commerce Com- Must be a designated corridor to receive tures; mission’’ in subsection (a)(2)(A) and insert- funding. The Northeast Corridor is des- ‘‘(6) to address rail capacity constraints ing ‘‘Surface Transportation Board’’; and ignated, but not eligible to receive funds that affect passenger rail service through a (2) by striking ‘‘Commission’’ each place it under this program if receiving other federal wide variety of options, ranging from oper- appears in subsection (a) and (b) and insert- funds. ing ‘‘Board’’. ating improvements to dedicated new infra- NORTHEAST CORRIDOR (NEC) ($1.310 B ANNUALLY) structure, taking into account the impact of (f) SECTION 24311.—Section 24311 is amended— Requires any operating profit on the NEC such options on freight and commuter rail to be reinvested in NEC infrastructure. operations; and (1) by striking ‘‘Interstate Commerce Com- mission’’ in subsection (c)(1) and inserting $720M for infrastructure. ‘‘(7) to improve maintenance, operations, $100M for fleet. customer service, or other aspects of existing ‘‘Surface Transportation Board’’; and (2) by striking ‘‘Commission’’ each place it $70M for stations/facilities. intercity rail passenger service existing in $20M for technology upgrades. appears in subsection (c) and inserting 2002. $400M for growth (annual average). ‘‘Board’’. ‘‘(c) ADVISORY BOARD.— (g) SECTION 24902.—Section 24902 is amend- COOPERATIVE RESEARCH PROGRAM ($5 M ‘‘(1) ESTABLISHMENT.—In consultation with ed— ANNUALLY) the heads of appropriate Federal depart- (1) by striking ‘‘Interstate Commerce Com- Establishes R & D program at National ments and agencies, the Secretary shall es- mission’’ in subsections (g)(2) and (g)(3) and Academy of Sciences similar to highway and tablish an advisory board to recommend re- inserting ‘‘Surface Transportation Board’’; transit cooperative research programs. search, technology, and technology transfer and NATIONAL RAILROAD PASSENGER CORPORATION activities related to rail passenger transpor- (2) by striking ‘‘Commission’’ each place it (500 M ANNUALLY) tation. appears in subsections (g)(2) and (g)(3) and ‘‘(2) MEMBERSHIP.—The advisory board Requires profits from non-passenger activi- inserting ‘‘Board’’. ties to be invested in growth activities out- shall include— ECTION 24904.—Section 24904 is amend- (h) S side the NEC. ‘‘(A) representatives of State transpor- ed— tation agencies; $160M (est.) for mandatory excess Railroad (1) by striking ‘‘Interstate Commerce Com- Retirement Payments. ‘‘(B) transportation and environmental mission’’ in subsection (c)(2) and inserting economists, scientists, and engineers; and $267M for debt payments (avg.). ‘‘Surface Transportation Board’’; and $30M for environmental compliance. ‘‘(C) representatives of Amtrak, the Alaska (2) by striking ‘‘Commission’’ each place it Railroad, transit operating agencies, inter- $43M for ADA compliance. appears in subsection (c) and inserting $2.5M for onetime external assessment of city rail passenger agencies, railway labor ‘‘Board’’. Amtrak cost accounting. organizations, and environmental organiza- SEC.404. APPLICABILITY OF REVERSION TO ALAS- LONG-DISTANCE TRAINS ($580 M ANNUALLY) tions. KA RAILROAD RIGHT-OF-WAY PROP- ‘‘(d) NATIONAL ACADEMY OF SCIENCES.— The ERTY. $360M for operating. Secretary may make grants to, and enter Section 601(b) of the Alaska Railroad $120M for fleet. into cooperative agreements with, the Na- Transfer Act of 1982 (45 U.S.C. 1209(b)) is $80M for infrastructure. tional Academy of Sciences to carry out amended— $10M for stations/facilities. such activities relating to the research, tech- (1) by inserting ‘‘(1)’’ after ‘‘(b)’’; $10M for technology. nology, and technology transfer activities (2) by redesignating paragraphs (1) and (2) SHORT DISTANCE & STATE-SUPPORTED ROUTES described in subsection (b) as the Secretary as subparagraphs (A) and (B), respectively; ($270 M ANNUALLY) deems appropriate.’’. and $190M annually for infrastructure.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1611 $50M annually for fleet. riod of time, since the birth of Amtrak, effective, and secure railroad passenger $10M annually for stations. we have only given $25 billion to our system. It also exposed how vulnerable $20M annually for technology. national passenger rail system. That’s that system is right now to terrorist RAIL PROJECT FINANCING ($350 M ANNUALLY) only 3 percent of all transportation attacks. I have traveled through the Expansion of the DOT’s Railroad Rehabili- funding in that period. That is appall- train tunnels that Amtrak uses, and let tation and Improvement Financing Program. ing. me tell you, these tunnels are just $35B authorization for DOT to provide If we want a national passenger rail plain frightening, poor ventilation, loans and loan guarantees (annual estimated system, and most Americans do, as all 10% credit risk premium). poor lighting, inadequate evacuation the polls indicate, then we are going to routes. Mr. BIDEN. Madam President, as my have to pay for it, and understand the This reauthorization bill would help good friend Senator HOLLINGS has just long-term commitment it takes to get the system deal with these tunnels and stated, we are on the brink of a very this kind of system up and running. important decision. Do we continue to Passenger rail in this country has other gaps in our passenger rail secu- underfund a national passenger rail never had a stable funding source in- rity. A one-time investment of $1.4 bil- system? Or do we finally stand behind stead, it has been subjected to the lion would provide security fencing, the system, committing to it once and whims and follies of the political proc- closed circuit television, tunnel reha- for all? ess, and it has lost this battle time and bilitation, increased security inspec- I agree with my good friend, the time again. tions, essential security-related im- chairman of the Commerce Committee, Every single industrialized country, provements. The Department of Trans- and that’s why I joined him in intro- France, Japan, Germany, subsidizes a portation itself has warned several ducing this important bill. For 30 national rail system. For years, we times in the last few years about the years, I have witnessed Congress dan- have been living in a fantasy - that necessity of quickly and fully funding gling a carrot in front of Amtrak’s somehow, we can have our cake and eat Amtrak’s security needs. $1.4 billion is eyes, funding it just enough for it to it too: that we could mandate Amtrak a small price to pay to avoid a repeat limp along. And I’ll tell you, this has to be self-sufficient without giving it of September 11. to stop. Now is the time to commit po- nearly enough money to do so. But Finally, this bill would bring a great- litically and financially to a strong, Amtrak cannot run a national rail net- er level of accountability to the whole safe, and efficient passenger rail sys- work, without adequate levels of Fed- structure. As Senator HOLLINGS indi- tem. And now is the time to determine eral investment, and still be expected cated, the $1.55 billion in funds for once and for all, what exactly it is that to be commercially self-sufficient. high-speed corridor planning and im- we want out of passenger rail service in That is just not rational. plementation would be run through the the country. Should this be a truly na- There are two steps, then, in ensur- Department of Transportation, so that tional system? And should we devote ing the future of passenger rail. Short- the Federal Government can work to- the resources necessary to maintain term, we have got to make sure that gether with state and local agencies in and expand this networks? we do not allow Amtrak to go bank- promoting the future of our rail sys- Senator HOLLINGS and the rest of my rupt, or worse, mortgage off their fu- tem. colleagues know that I support funding ture in a desperate attempt to stay the highway and aviation networks, afloat. That is why, alongside many of This bill, together with the $1.2 bil- our Nation has relied upon them for my colleagues, I have pushed for the lion appropriations for next year, will years, and they have served us well. full $1.2 billion appropriations amount bring us closer to the type of passenger But I look around today and I see that Amtrak has requested for next rail system that our Nation deserves crowded skies and congested roads. At year. This bare-bones minimum will and needs. As my good friend Senator the very same time, I see empty rails, give them the ability to maintain the HOLLINGS alluded to, 50 years ago, our with the potential to relieve this trans- current state of passenger rail, nothing leaders had the vision and foresight to portation burden and serve as a useful more, nothing less. stand up and say, we need an interstate alternative for Americans. And in the long-term, we need a new highway system, and we need to fund it As Senator HOLLINGS discussed just vision for the future of national pas- appropriately. Let us today go forward now, the events of September 11 fur- senger rail so these one-time, bare- with this blueprint in hand and create ther demonstrated, in stark and rigid bones funding requests are no longer an a similar network for passenger rail. terms, the necessity of transportation issue. This bill represents just such a choices. For years I have argued that vision. It would invest seriously in the By Mrs. CARNAHAN: we need to sit down together and begin planning and implementation of high- S. 1993. A bill to authorize a military an honest and frank discussion in order speed rail corridors, which provides the construction project for the construc- to create a blueprint for the future of most bang for the buck and which al- tion of a Weapons of Mass Destruction passenger rail. most every State Governor, Democrat Responder Training Facility at Fort And, let me tell you this, this bill or Republican, has been clamoring for Leonard Wood Missouri; to the Com- that I am introducing with Senator for years. It would provide money for mittee on Armed Services. HOLLINGS is a good, solid start. Instead debt payments, which Amtrak has in- Mrs. CARNAHAN. Madam President, of maintaining the status quo, the bill curred as a direct result of Federal I rise today to introduce important leg- offers a vision and a set of priorities for underfunding. It would authorize cap- islation for homeland defense, the the future of passenger rail in this ital investment funds, to begin to cor- Weapons of Mass Destruction Re- country. It says: we need to make sure rect the $5.8 billion capital backlog sponder Training Facility Act of 2002. this system is safe, as September 11 Amtrak faces today. And it would fund America’s war against international demonstrated it must be. It says: we operating costs for the long-distance terrorism has increased the need to need to seriously invest in the future of trains that provide essential service to prepare against the threat of weapons this system, which is high-speed rail. rural areas of the country. And it says: the Federal Government Moreover, it would address the seri- of mass destruction, known as WMDs. will need to adequately fund a national ous security concerns that plague our Currently the Army’s frontline of de- passenger rail network, no matter how rail system today. I stood up here fense against WMD threats, Fort Leon- the system is structured. months ago, right after one of the ard Wood, does not have the ability to And that is something that has al- worst events in our Nation’s history. I conduct full-scale, joint training year ways mystified me. When it comes to stood up here in order to call attention round. This preparation gap must be other forms of transportation, high- to what I thought, and continue to closed. Our national security depends ways and airplanes, we have given think, is a dire situation. And that is on the ability to effectively respond to them all they ask for, consistently pro- this matter of rail security. The events a WMD attack. That is why I have in- viding full Federal backing. Since 1971, of September 11 dramatically and troduced legislation to create a perma- in fact, we have given $750 billion to starkly revealed how essential it is nent training facility at Fort Leonard highways and aviation. In the same pe- that the United States have a national, Wood.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1612 CONGRESSIONAL RECORD — SENATE March 6, 2002 Fort Leonard Wood has no dedicated more effectively in the Federal mar- HUBZone programs. The first deals facility for training active duty and ketplace. with the relationship between the two National Guard WMD responders. This This bipartisan legislation, cospon- programs when a small business has re- prevents both joint training and the sored by Senator KIT BOND, stems from ceived both an 8(a)BD and a HUBZone expansion of coordination among all a 1997 commitment Senator BOND and I certification, the second deals with the WMD responders. made to each other to seek equality be- sole-source threshold issue for these Last October, we in this body learned tween the Small Business Administra- firms. first hand the importance of a coordi- tion’s, SBA, 8(a)BD program and the First, an important factor in my de- nated response to WMD attacks. When HUBZone program. cision to support the HUBZone legisla- letters, filled with anthrax, were Much has been made lately of the tion with the negotiated changes to mailed to members of Congress, 50 of SBA’s proposed rule to establish ‘‘par- protect the 8(a)BD program was the our colleagues in the Senate and their ity’’ or equality between these two im- concept known as ‘‘super-priority’’ or staffs were evicted from the Hart office portant programs. Some in the con- ‘‘priority-preference.’’ The priority- building for over three months. Experts tracting community have opposed the preference stems from Congressional from several agencies and departments, proposed rule because they have con- intent that firms that are both 8(a)BD who never prepared together to respond cerns about the decline in the number and HUBZone certified receive a pref- to a WMD attack, worked to overcome of contracts and contract dollar values erence over a firm that has a certifi- setbacks and difficulties to make sure being awarded to 8(a)BD firms. I share cation in only one program. In addi- the Hart building was safe again. I the concerns of the contracting com- tion, the priority-preference was in- thank them for all their hard work. munity in this regard, but I do not tended to allow these firms to combine But we now know that to prepare for blame the HUBZone program for this the price evaluation preference avail- future threats, those responsible for re- decline. Rather, I blame the current able to them under each program, with sponding to WMD attacks must train procurement environment. the understanding that any offeror together. In 1997, working with then-Chairman would still need to meet a ‘‘responsive- Constructing of a permanent facility of the Senate Committee on Small ness’’ test in terms of their offer. Un- will enable joint training and coopera- Business, Senator BOND, I took the nec- fortunately, the new rule proposed by tion of WMD Civil Support Teams; De- essary steps to protect the 8(a)BD pro- the SBA does not include the priority- partment of Defense Emergency Re- gram. In my negotiations with Senator preference, and the SBA has issued sponders; Chemical, Biological, Radio- BOND, he agreed to change the legisla- guidance that states that the priority- logical and Nuclear Instillation Sup- tion creating the HUBZone program preference has no statutory provision port Teams; and Active and Reserve from one of HUBZone priority to one of to support its creation. Component Chemical Units. The need equality between the 8(a)BD and Although I strongly disagree with to conduct joint operations and train- HUBZone programs. Further, we nego- the SBA’s decision to end the priority- ing year round is important and imme- tiated a 3 percent increase in the Fed- preference, this legislation will rectify diate. It is vital to national security. eral Government’s small business goal, the situation by creating a statutory This is why the Army has placed the raising it from 20 percent to 23 percent, priority-preference for firms that have highest priority on building a perma- in order to accommodate the HUBZone both an 8(a)BD and a HUBZone certifi- nent facility at Fort Leonard Wood. program, which when fully phased in cation. Such a provision will help com- This legislation will compliment S. for Fiscal Year 2003 will have a 3 per- bine the benefits of each program and 1909, which was introduced by my cent governmentwide goal. This in- bring additional jobs and opportunities friend and colleague from Missouri. crease was put in place specifically to to underdeveloped areas. I view this Senator BOND’s legislation calls for the accommodate the HUBZone program provision as a win-win for the 8(a)BD establishment of a unified command and ensure that 8(a)BD firms did not and HUBZone contracting commu- for homeland defense, a post both the lose Federal contracts to the HUBZone nities. President and the Secretary of Defense program. Second, this legislation makes an im- support. The fact remains, however, despite portant update to both the 8(a)BD and S. 1909 will allow the Department of these protections, that 8(a)BD firms HUBZone programs by raising the sole- Defense to more effectively manage are experiencing a decline in Federal source thresholds. One of the most im- homeland defense resources by cen- procurement, which some place as high portant attributes of both of these pro- trally locating the unified command as 34 percent since 1997. The cause of grams is the authority for small busi- within the United States, away from a this decline has its roots in the new nesses to receive contracts on a sole- major population center at an Armed procurement environment created by source basis. This excellent benefit is Forces facility already in use for WMD the reforms in the mid-1990s, such as limited, however, by a cap on the dol- training. passage of the Federal Acquisition lar amount for sole-source contracts. Fort Leonard Wood meets all of these Streamlining Act and the Federal Ac- Currently, contracts for goods and requirements and seems like an ideal quisition Reform Act, the regulatory services are limited to $3 million, while candidate to fulfill this new and impor- changes to procurement programs in manufacturing contracts are limited to tant national security role. But Fort response to the Adarand Inc. v. Pena $5 million. This legislation updates Leonard Wood is not yet ready. While decision, and reductions in the acquisi- those limits by $1 million for each cat- it has taken the lead in preparing WMD tion workforce. Because negative egory—an update that has been needed responders, there is yet another step to trends hit minority-owned firms first for some time and that Senator BOND take. We must ensure that the country and hardest, these small businesses and I nearly succeeded in including in is prepared for future attacks by estab- have borne a disproportionate share of the Small Business Reauthorization lishing a permanent training facility the percentage decline in Federal con- Act of 2000. By increasing the sole- now. tract dollars being awarded to small source thresholds, the Federal govern- businesses. ment will immediately put more con- By Mr. KERRY (for himself and To help combat the negative effects tract dollars into the hands of 8(a)BD Mr. BOND): of procurement reform, I have been and HUBZone firms. S. 1994. A bill to establish a priority taking a very close look at the SBA’s As I mentioned earlier in my state- preference among certain small busi- programs to assist small businesses, es- ment, this legislation is merely one ness concerns for purposes of Federal pecially small businesses owned by so- step in the process to help reverse the contracts, and for other purposes; to cially and economically disadvantaged negative trends procurement reform the Committee on Small Business and individuals. The legislation being in- has had on our nation’s small busi- Entrepreneurship. troduced today is the first step in halt- nesses. Mr. KERRY. Madam President, today ing and reversing the decline brought It is my hope that we can move this I am introducing legislation to help about by procurement reform. legislation through the Senate quickly, our nation’s 8(a) Business Develop- This legislation specifically address- and I would urge all of my colleagues ment, BD, and HUBZone firms compete es two critical areas of the 8(a)BD and to lend their support.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1613 Mr. BOND. Mr. President, I appre- be a means toward that end. But if a health insurers and employers is be- ciate the opportunity to come to the firm requires a 20 percent preference to coming more urgent everyday. If, be- Floor once again on another bipartisan win a contract, it probably has not cause of concerns about the way the in- matter with the distinguished chair- done what it needs to do to become ef- formation could be used, people are un- man of the Small Business Committee. ficient and ready for the competitive willing to use the potential unlocked We have such a constructive working marketplace. I am concerned that a 20 by the Genome project to take relationship in the Federal procure- percent preference will be an unreason- proactive steps to protect their health ment issue area, and I always welcome able subsidy for inefficient firms. If a and that of their loved ones, then we the opportunity to work with the Sen- small business bidder is not even able will never reap the true benefits of this ator from Massachusetts, Mr. KERRY, to get within 20 percent of the lowest discovery. to advance small business participa- bidder, it probably is not a viable en- While we cannot yet prevent diseases tion in Government contracting. terprise, and subsidizing its existence such as breast cancer, genetic testing This bill we are introducing today is not the highest and best use of tax- makes it possible for carriers of these will further clarify the relationship be- payer monies. diseases to take extra precautions. In tween the HUBZone and 8(a) con- With that reservation, I am happy to fact, early detection is the best weapon tracting programs. This relationship cosponsor this measure with the Sen- we have to combat many of these dis- has been a strongly debated topic late- ator from Massachusetts. I am con- eases we can now identify, and for ly, although we thought our Com- fident we can come to some kind of ac- breast cancer it is a critical component mittee provided clear guidance on the commodation on the price evaluation when one considers that almost 192,000 matter in the 1997 HUBZone Act. In the preference, and look forward to work- women were struck by the disease last matter before us, we are clarifying ing with him to do so. year. Technological advances in what happens when firms are eligible screenings coupled with the ability to for both programs and become cer- By Ms. SNOWE (for herself, Mr. identify who carries the gene linked to tified. FRIST, Mr. JEFFORDS, Mr. ENZI, breast cancer can help us in our efforts The original Small Business Admin- Ms. COLLINS, Mr. HAGEL, Mr. to reduce this number. The possibili- istration regulations on the HUBZone DEWINE, and Mr. GREGG): ties for this discovery are limited only program called for the highest con- S. 1995. A bill to prohibit discrimina- by the willingness, or unwillingness, of tracting priority to be given to tion on the basis of genetic informa- people to use this knowledge. HUBZone 8(a) ‘‘dual status’’ firms. tion with respect to health insurance In 1997, a woman from Maine brought That is, if a firm has been certified in and employment; to the Committee on the reality of this dilemma home for both programs, it moves to the head of Health, Education, Labor, and Pen- me when she wrote of her very real fear the class in getting Government con- sions. of the repercussions associated with ge- tracts. The HUBZone regulations said Ms. SNOWE. Madam President, I rise netic testing. Bonnie Lee Tucker has that, in a HUBZone set-aside, an 8(a) today to introduce the Genetic Infor- nine women in her immediate family firm should win over non-8(a) firms. mation Non-Discrimination in Health who were diagnosed with breast cancer, Unfortunately, a comparable change Insurance and Employment Act of 2002. and she herself is a survivor. She wrote was not included in the 8(a) regula- I am joined in introducing this bill by to me about her fear of having the tions, to give HUBZone firms a pref- Senators FRIST, JEFFORDS, ENZI, COL- BRCA test for breast cancer, because erence in 8(a) set-asides. In a letter to LINS, HAGEL, DEWINE, and GREGG. she worries it will ruin her daughter’s SBA’s Acting General Counsel last The legislation I am introducing ability to obtain insurance in the fu- year, I asked SBA to resolve this in- today is the culmination of several ture. consistency. months work, though it is, in fact, the Bonnie Lee isn’t the only one who Robert Gangwere, the Acting General second part of an effort that started has this fear. When the National Insti- Counsel, stated he did not think SBA several years ago. Specifically, in April tutes of Health offered women genetic had the statutory authority to grant a 1996, I introduced the Genetic Informa- testing, nearly 32 percent of those who ‘‘superpreference’’ to HUBZone 8(a) tion Nondiscrimination in Health In- were offered a test for breast cancer dual status firms. Currently, SBA has a surance Act, legislation that was de- risk declined to take it citing concerns proposed rulemaking in progress that signed to protect people’s genetic in- about health insurance discrimination. deletes the ‘‘superpreference’’ lan- formation and results of genetic test- What good is scientific progress if it guage. ing, or requests for genetic testing, cannot be applied to those who would This bill would restore that. In a from being used against them by their most benefit? HUBZone set-aside (a competition re- health insurers. Back then, time was Dr. Francis Collins, the Director of stricted only to firms that are on our side as the completion of the the National Human Genome Research HUBZone firms), an 8(a) bidder would Genome was years off. Institute, has testified before Congress have priority over non-8(a) HUBZone However, four years later, in June about the next step for those involved bidders. A comparable change would be 2000, everything changed with the an- in the Genome project. He explained made in the 8(a) set-aside, giving nouncement that the first working that the project’s scientists were en- HUBZone firms priority. I think this is draft of the Human Genome was com- gaged in a major endeavor to ‘‘uncover reasonable, in that it encourages firms pleted. And since that time, science the connections between particular to take advantage of both programs. has continued to hurry forward, further genes and particular diseases,’’ to I do have one reservation with this opening the door to early detection and apply the knowledge they just un- bill. Both the HUBZone program and medical intervention through the dis- locked. In order to do this, Dr. Collins the Small Disadvantaged Business pro- covery and identification of specific said, ‘‘we need a vigorous research en- gram, of which 8(a) is a part, offer a 10 genes linked to diseases like breast terprise with the involvement of large percent price evaluation preference cancer, Huntington’s Disease, glau- numbers of individuals, so that we can under certain circumstances in full- coma, colon cancer and cystic fibrosis. draw more precise connections between and-open competition. The old SBA Unfortunately, like so many other a particular spelling of a gene and a rules called for HUBZone 8(a) combined scientific breakthroughs in history, the particular outcome.’’ However, this ef- firms to get a 20 percent price evalua- completion of the Genome not only fort cannot be successful if people are tion preference, combining both the brought about the prospect for medical afraid of possible repercussions of their HUBZone preference and the Small advances, such as improved detection participation in genetic testing. Disadvantaged Business preference. I and intervention, but also potential The bottom line is that, given the ad- think 20 percent is excessive. harm and abuse, as the knowledge of vances in science, there are two sepa- One of the goals of the small business individual genetic information could be rate issues at hand. The first is to re- program is to try to help small firms used against the very same person it is strict discrimination by health insur- stabilize and develop, so they can sur- invented to help. ers and the second to prevent employ- vive in a competitive marketplace. Accordingly, the need for protections ment discrimination, based upon ge- Government contracts are supposed to against genetic discrimination by both netic information.

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1614 CONGRESSIONAL RECORD — SENATE March 6, 2002 With regard to health insurance, the It’s my sincere hope that the bi-par- insurance area and expands our pre- issues are clear and familiar, and some- tisan legislation I introduce today is vious legislation to address the threat thing the Senate has debated before, in the beginning of the end of the debate of employment discrimination and the context of the consideration of in our effort to ensure that every one health insurance based on genetic in- larger privacy issues. As Congress de- of us is just as protected from discrimi- formation. Moreover, the bill incor- bated what is now the Health Insur- nation because of what is in our genes porates the most recent scientific un- ance Portability and Accountability as we are from our heritages, our gen- derstandings in the field of genetics re- Act of 1996, we also addressed the ders and our impairments. search in establishing protections and issues of privacy of medical informa- Mr. FRIST. Madam President, I rise defining relevant terms. tion. And any legislation that seeks to once again today to speak on the crit- I believe that it is incumbent upon us fully address these issues must con- ical issue of genetic discrimination and to pass legislation this year that is sider the interaction of the new protec- to proudly join my colleagues, Sen- comprehensive, consistent, reasonable tions with the newly promulgated pri- ators SNOWE, JEFFORDS, COLLINS, ENZI, and fair. I am troubled by some legisla- vacy rule which was mandated by DEWINE, HAGEL, and GREGG in intro- tive approaches that would place these HIPAA, and our legislation does just ducing the Genetic Information Non- new protections outside of the estab- that. discrimination Act of 2002. lished framework of our time-tested Now we must ensure that we protect The threat of genetic discrimination, civil rights laws and that would estab- genetic information, genetic tests, as both in the workplace and with respect lish separate protections against ge- well as information regarding a request to health insurance coverage, is one of netic discrimination than exist for for genetic testing, from being used by the most troublesome Congress faces. other types of discrimination. The bill the insurer against the patient. Ge- As our scientific knowledge has im- today meets that standard of providing netic information only detects the po- proved, the threat of discrimination strong protections that are consistent tential for a genetically linked disease has increased. As a physician, as a with the current state of scientific or disorder, and potential does not medical researcher, and ranking mem- knowledge, as well as current law. equal a diagnosis of disease. However, ber of the Subcommittee on Public I commend my colleagues for their it is critical that this information be Health, I have a long and deep interest commitment to this issue. I also com- available to doctors and other health in this issue, and I believe we have a mend President Bush for his commit- care professionals when necessary to unique responsibility to ensure that ment to ensuring strong protections diagnose, or treat, an illness. It is the medical and scientific progress does against genetic discrimination and for difference that we must recognize as not result in individual harm. calling attention to this critical mat- we discuss legislation to protect pa- For example, I am deeply troubled by ter. Through this important legisla- tients from potential discriminatory reports of women declining genetic tion, we have the opportunity to dispel practices by insurers. testing out of fear that they may lose Unlike our legislative history on de- the threat of discrimination based on their health insurance, even though a bating health privacy matters, the an individual’s genetic heritage, and I genetic test might reveal that a woman issues surrounding protecting genetic look forward to working with my col- is not at high risk and therefore allow information from workplace discrimi- leagues to enact this legislation this her to make more informed health care nation is new. And to that end, the leg- year. choices. When I first joined Senator islation I introduce today creates these f SNOWE to introduce legislation banning protections in the workplace. As dem- genetic discrimination in health insur- SUBMITTED RESOLUTIONS onstrated by the Burlington Northern ance in 1998, almost one-third of case, the threat of employment dis- women offered a test for breast cancer crimination is real and therefore it is SENATE RESOLUTION 217—REL- risk at the National Institutes of essential that we take this information ATIVE TO THE DEATH OF THE off the table, so to speak, before the Health declined, citing concerns about HONORABLE HOWARD W. CAN- use of this information becomes wide- health insurance discrimination. If un- NON, FORMERLY A SENATOR spread. While Congress has not yet de- checked and unregulated, this fear of FROM THE STATE OF NEVADA bated this specific type of employment discrimination clearly has the potential to prevent individuals from par- Mr. DASCHLE (for himself, Mr. discrimination, we have a great deal of LOTT, Mr. REID, and Mr. ENSIGN) sub- employment case law and legislative ticipating in research studies or taking advantages of new genetic technologies mitted the following resolution; which history on which to build. was considered and agreed to: As we considered the need for this to improve their medical care. S. RES. 217 type of protection, we agreed that we Scientific advances hold the promise of higher quality medical care, yet Resolved, That the Senate has heard with must extend current law discrimina- profound sorrow and deep regret the an- tion protections to genetic informa- there is a pressing need for federal legislation to reassure the public that nouncement of the death of the Honorable tion. We reviewed current employment Howard W. Cannon, formerly a Senator from discrimination law and considered learning this information will not re- the State of Nevada. what sort of remedies people would sult in a loss of health insurance cov- Resolved, That the Secretary of the Senate have for instances of genetic discrimi- erage or in the loss of a job. I am com- communicate these resolutions to the House nation and if these remedies would be mitted to a bipartisan legislative solu- of Representatives and transmit an enrolled different from those available to people tion, and have worked extensively to- copy thereof to the family of the deceased. wards this goal with Senator SNOWE, Resolved, That when the Senate adjourns under current law, for instance under today, it stand adjourned as a further mark JEFFORDS, and a number of the mem- the ADA or the EEOC. of respect to the memory of the deceased The bill we introduce today creates bers of this Committee over the past Senator. new protections by paralleling current several years. I believe that, together, f law. In addition it addresses changes in we have made an important step in ad- the law that have occurred since the dressing this through the Genetic In- AMENDMENTS SUBMITTED AND original introduction of my bill and the formation Nondiscrimination in Health PROPOSED other bills on this subject. The momen- Insurance Act, which has been passed SA 2980. Mr. DASCHLE (for himself, Mr. tum to address this issue has finally by the Senate on three separate occa- BINGAMAN, Mr. REID, Mr. MURKOWSKI, Mr. reached a critical mass. Clearly this is sions. STEVENS, and Mr. BAYH) proposed an amend- an issue whose time has come. Today, we are building on that work, ment to amendment SA 2917 proposed by Mr. It has been more than eighteen and on the solid foundations estab- DASCHLE (for himself and Mr. BINGAMAN) to months since the completion of the lished in law by the Civil Rights Act, the bill (S. 517) to authorize funding the De- working draft of the Human Genome. Americans with Disabilities Act, and partment of Energy to enhance its mission areas through technology transfer and part- Like a book which is never opened, the Health Insurance Portability and Ac- nerships for fiscal years 2002 through 2006, wonders of the Human Genome are use- countability Act. The Genetic Informa- and for other purposes. less unless people are willing to take tion Nondiscrimination Act of 2002 SA 2981. Mr. MILLER submitted an amend- advantage of it. builds upon our progress in the health ment intended to be proposed to amendment

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SA 2917 proposed by Mr. DASCHLE (for him- (2) DEFINITION OF PICKUP TRUCK.—Section of Alaska, at such locations as the Secretary self and Mr. BINGAMAN) to the bill (S. 517) 32901(a) of such title (as amended by sub- deems appropriate, training center(s) for the supra; which was ordered to lie on the table. section (b)) is further amended— express purpose of training Alaskan resi- SA 2982. Mr. MURKOWSKI (for himself and (A) in paragraph (17), by inserting ‘‘, other dents in the skills and crafts necessary in Mr. STEVENS) proposed an amendment to than a pickup truck,’’ after ‘‘automobile’’ in the design, construction and operation of gas amendment SA 2980 proposed by Mr. the matter preceding subparagraph (A); and pipelines in Alaska. The training center DASCHLE (for himself, Mr. BINGAMAN, Mr. (B) by adding at the end the following new shall also train Alaskan residents in the REID, Mr. MURKOWSKI, Mr. STEVENS, and Mr. paragraph; skills required to write, offer, and monitor BAYH) to the amendment SA 2917 proposed ‘‘(18) ‘pickup truck’ has the meaning given contracts in support of the design, construc- by Mr. DASCHLE (for himself and Mr. BINGA- that term in regulations prescribed by the tion, and operation of Alaska gas pipelines. MAN) to the bill (S. 517) supra. Secretary for the administration of this ‘‘ ‘(c) In implementing the report and pro- chapter, as in effect on January 1, 2002, ex- f gram described in this section, the Secretary cept that such term shall also include any shall consult with the Alaskan Governor. TEXT OF AMENDMENTS additional vehicle that the Secretary defines ‘‘ ‘(d) There are authorized to be appro- SA 2980. Mr. DASCHLE (for himself, as a pickup truck in regulations prescribed priated to the Secretary such sums as may for the administration of this chapter after Mr. BINGAMAN, Mr. REID, Mr. MUR- be necessary, but not to exceed $20,000,000 for such date.’’. KOWSKI, Mr. STEVENS and Mr. BAYH) the purposes of this section.’.’’. proposed an amendment to amendment SA 2982. Mr. MURKOWSKI (for him- f SA 2917 proposed by Mr. DASCHLE (for self and Mr. STEVENS) proposed an AUTHORITY FOR COMMITTEES TO himself and Mr. BINGAMAN) to the bill amendment to amendment SA 2980 pro- MEET (S. 517) to authorize funding the De- posed by Mr. DASCHLE (for himself, Mr. COMMITTEE ON AGRICULTURE, NUTRITION, AND partment of Energy to enhance its mis- BINGAMAN, Mr. REID, Mr. MURKOWSKI, FORESTRY sion areas through technology transfer Mr. STEVENS, and Mr. BAYH) to the Mr. FEINGOLD. Mr. President, I ask and partnerships for fiscal years 2002 amendment SA 2917 proposed by Mr. unanimous consent that the Com- through 2006, and for other purposes; as DASCHLE (for himself and Mr. BINGA- mittee on Agriculture, Nutrition, and follows: MAN) to the bill (S. 517) to authorize Forestry be authorized to conduct a Insert the following after Section 704(d): funding the Department of Energy to nomination hearing during the session ‘‘(e) PROHIBITION ON CERTAIN PIPELINE enhance its mission areas through of the Senate on Wednesday, March 6, ROUTE.—No license, permit, lease, right-of- technology transfer and partnerships way, authorization or other approval re- 2002, at 9:30 a.m. The purpose of this for fiscal years 2002 through 2006, and quired under Federal law for the construc- hearing will be to consider the fol- for other purposes; as follows: tion of any pipeline to transport natural gas lowing nominations: Thomas Dorr the from lands within the Prudhoe Bay oil and At the end of the amendment insert the nominee for Under Secretary of Rural gas lease area may be granted for any pipe- following: line that follows a route that traverses— On page 142 after line 20 insert a new sec- Development; Nancy Bryson, the ad- ‘‘(1) the submerged lands (as defined by the tion as follows and renumber all following ministration’s nominee to serve as gen- Submerged Lands Act) beneath, or the adja- sections accordingly: eral counsel for USDA; and Grace Dan- cent shoreline of, the Beaufort Sea; and ‘‘ ‘SEC. 708. STATE JURISDICTION OVER IN-STATE iel and Fred Dailey who are nominated ‘‘(2) enters Canada at any point north of 68 DELIVERY OF NATURAL GAS. to serve on the Board of Federal Agri- degrees North latitude.’’ ‘‘ ‘(a) Any facility receiving natural gas cultural Mortgage Corporation. Insert the following after Section 706(c): from the Alaska natural gas transportation The PRESIDING OFFICER. Without ‘‘(d) STATE COORDINATION.—The Federal project for delivery to consumers within the Coordinator shall enter into a Joint Surveil- State of Alaska shall be deemed to be a local objection, it is so ordered. lance and Monitoring Agreement, approved distribution facility within the meaning of COMMITTEE ON BANKING, HOUSING, AND URBAN by the President and the Governor of Alaska, section 1(b) of the Natural Gas Act, and AFFAIRS with the State of Alaska similar to that in therefore not subject to the jurisdiction of Mr. FEINGOLD. Mr. President, I ask effect during construction of the Trans-Alas- the Federal Energy Regulatory Commission. unanimous consent that the Com- ka Oil Pipeline to monitor the construction ‘‘ ‘(b) Nothing in this Subtitle, except as mittee on Banking, Housing, and of the Alaska natural gas transportation provided in subsection 704(e), shall preclude Urban Affairs be authorized to meet project. The federal government shall have or affect any future gas pipeline that may be primary surveillance and monitoring respon- constructed to deliver natural gas to Fair- during the session of the Senate on sibility where the Alaska natural gas trans- banks, Anchorage, Matanuska-Susitna Val- Wednesday, March 6, 2002, at 10 a.m., to portation project crosses federal lands and ley, or the Kenai peninsula or Valdez or any conduct an oversight hearing on ‘‘Ac- private lands, and the state government other site in the State of Alaska for con- counting and Investor Protection shall have primary surveillance and moni- sumption within or distribution outside the Issues Raised by Enron and Other Pub- toring responsibility where the Alaska nat- State of Alaska.’ lic Companies; Oversight of the Ac- ural gas transportation project crosses state ‘‘On page 148 after line 2 insert: counting Profession, Audit Quality and lands.’’ ‘‘ ‘SEC. 714. ALASKAN PIPELINE CONSTRUCTION Independence, and Formulation of Ac- TRAINING PROGRAM. SA 2981. Mr. MILLER submitted an ‘‘ ‘(a) Within six months after enactment of counting Principles.’’ amendment intended to be proposed to this Act the Secretary of Labor (hereinafter The PRESIDING OFFICER. Without amendment SA 2917 proposed by Mr. referred to as the ‘Secretary’) shall submit a objection, it is so ordered. DASCHLE (for himself and Mr. BINGA- report to the Committee on Energy and nat- COMMITTEE ON ENVIRONMENT AND PUBLIC MAN) to the bill (S. 517) to authorize ural Resources of the United States Senate WORKS funding the Department of Energy to and the Committee on Resources of the Mr. FEINGOLD. Mr. President, I ask enhance its mission areas through United States House of Representatives setting forth a program to train Alaska resi- unanimous consent that the Com- technology transfer and partnerships dents in the skills and crafts required in the mittee on Environmental and Public for fiscal years 2002 through 2006, and design, construction, and operation of an Works be authorized to meet on for other purposes; which was ordered Alaska gas pipeline system that will enhance Wednesday, March 6, 2002, at 9:30 a.m., to lie on the table; as follows: employment and contracting opportunities to conduct a hearing to receive testi- On page 155, between lines 17 and 18, insert for Alaskan residents. The report shall also mony on S. 975, the Community Char- the following: describe any laws, rules, regulations and acter Act of 2001; and S. 1079, the (c) AVERAGE FUEL ECONOMY STANDARDS policies which act as a deterrent to hiring Brownfield Site Redevelopment Assist- Alaskan residents or contracting with Alas- FOR PICKUP TRUCKS.— ance Act of 2001. (1) IN GENERAL.—Section 32902(b) of title 49, kan residents to perform work on Alaska gas United States Code (as amended by sub- pipelines, together with any recommenda- The hearing will be held in SD–406. section (b)(3)) is further amended by adding tions for changes. For purposes of this sec- The PRESIDING OFFICER. Without at the end the following new paragraph: tion Alaskan residents shall be defined as objection, it is so ordered. ‘‘(6) PICKUP TRUCKS.—The average fuel those individuals eligible to vote within the COMMITTEE ON FOREIGN RELATIONS economy standard for pickup trucks manu- State of Alaska on the date of enactment of Mr. FEINGOLD. Mr. President, I ask factured by a manufacturer in a model year this Act. after model year 2004 shall be 20.7 miles per ‘‘ ‘(b) Within 1 year of the date the report unanimous consent that the Com- gallon. No average fuel economy standard is transmitted to Congress, the Secretary mittee on Foreign Relations be author- prescribed under another provision of this shall, directly or through grants or coopera- ized to meet during the session of the section shall apply to pickup trucks.’’. tive agreements, establish within the State Senate on Wednesday, March 6, 2002, at

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1616 CONGRESSIONAL RECORD — SENATE March 6, 2002 9:30 a.m., to hold a hearing titled, on Wednesday, March 6, 2002, at 2:30 Mr. LIEBERMAN. Madam President, ‘‘Dirty Bombs’’. p.m., on the Nation’s wireline and wire- first, I ask unanimous consent that Agenda less communications infrastructure in Dennis Leaf, a congressional fellow light of September 11. with my office, be given floor privi- Witnesses The PRESIDING OFFICER. Without leges for the consideration of the en- Panel 1: Dr. Steven E. Koonin, Pro- objection, it is so ordered. ergy bill. vost, California Institute of Tech- SUBCOMMITTEE ON EMERGING THREATS AND The PRESIDING OFFICER. Without nology, Pasadena, CA; Dr. Harry C. CAPABILITIES objection, it is so ordered. Vantine, Division Leader, Counter- Mr. FEINGOLD. Mr. President, I ask Mr. HOLLINGS. Madam President, I terrorism and Incident Response, Law- unanimous consent that the Sub- ask unanimous consent that David rence Livermore National Laboratory, committee on Emerging Threats and Matsuda, a fellow from the Department Livermore, CA; Dr. Henry C. Kelly, Capabilities of Committee on Armed of Transportation, be granted floor President, Federation of American Sci- Services be authorized to meet during privileges during the discussion of the entists, Washington, DC; and Dr. Don- the session of the Senate on Wednes- S. 517. ald D. Cobb, Associate Laboratory Di- day, March 6, 2002, at 2:30 p.m., in open The PRESIDING OFFICER. Without rector for Threat Reduction, Los Ala- session to receive testimony on the objection, it is so ordered. mos National Laboratory, Los Alamos, nonproliferation programs of the De- Mr. STEVENS. Madam President, I NM. partment of Energy and the Coopera- ask unanimous consent that the fol- Panel 2: Dr. Richard A. Meserve, tive Threat Reduction Program of the lowing members of my staff be allowed Chairman, Nuclear Regulatory Com- Department of Defense in review of the the privilege of the floor during the re- mission, Washington, DC. Defense authorization request for fiscal mainder of the consideration of the en- The PRESIDING OFFICER. Without year 2003. ergy debate: Dave Russell, George objection, it is so ordered. The PRESIDING OFFICER. Without Lowe, Andy Givens, Mark Davis, COMMITTEE ON GOVERNMENTAL AFFAIRS objection, it is so ordered. Melany Alvord, Matt Paxton, and Jus- Mr. FEINGOLD. Mr. President, I ask SUBCOMMITTEE ON PUBLIC HEALTH tin Stiefel. unanimous consent that the Com- Mr. FEINGOLD. Mr. President, I ask The PRESIDING OFFICER. Without mittee on Governmental Affairs be au- unanimous consent that the Com- objection, it is so ordered. thorized to meet on Wednesday, March mittee on Health, Education, Labor, f 6, 2002, at 9:30 a.m., to hold a hearing and Pensions, Subcommittee on Public EXECUTIVE SESSION entitled ‘‘Who’s Doing Work for the Health, be authorized to meet for a Government?: Monitoring, Account- hearing on ‘‘Health Tracking: Improv- ability and Competition in the Federal ing Surveillance of Chronic Conditions EXECUTIVE CALENDAR and Service Contract Workforce.’’ and Potential Links to Environmental The PRESIDING OFFICER. Without Exposures,’’ during the session of the Mr. REID. Madam President, I ask objection, it is so ordered. Senate on Wednesday, March 6, 2002, at unanimous consent the Senate proceed SELECT COMMITTEE ON INTELLIGENCE 10 a.m. to executive session to consider Execu- Mr. FEINGOLD. Mr. President, I ask The PRESIDING OFFICER. Without tive Calendar No. 621, the nomination unanimous consent that the Select objection, it is so ordered. be confirmed, the motion to reconsider be laid on the table, the President be Committee on Intelligence be author- SUBCOMMITTEE ON READINESS AND ized to meet during the session of the MANAGEMENT SUPPORT immediately notified of the Senate’s Senate on Wednesday, March 6, 2002, at Mr. FEINGOLD. Mr. President, I ask action, any statements be printed in 2:30 p.m., to hold a closed hearing on unanimous consent that the Sub- the RECORD, and the Senate return to intelligence matters. committee on Readiness and Manage- legislative session. The PRESIDING OFFICER. Without ment Support of the Committee on The PRESIDING OFFICER. Without objection, it is so ordered. Armed Services be authorized to meet objection, it is so ordered. The nomination was considered and SUBCOMMITTEE ON ANTITRUST, COMPETITION during the session of the Senate on confirmed as follows: AND BUSINESS AND CONSUMER RIGHTS Wednesday, March 6, 2002, at 10 a.m., in Mr. FEINGOLD. Mr. President, I ask open session to receive testimony on DEPARTMENT OF ENERGY unanimous consent that the Com- Department of Defense financial man- Margaret S.Y. Chu, of New Mexico, to be mittee on the Judiciary Subcommittee agement. Director of the Office of Civilian Radioactive on Antitrust, Competition and Busi- The PRESIDING OFFICER. Without Waste Management, Department of Energy. ness and Consumer Rights be author- objection, it is so ordered. f ized to meet to conduct a hearing on SUBCOMMITTEE ON TRANSPORTATION LEGISLATIVE SESSION Wednesday, March 6, 2002, at 10:30 a.m., Mr. FEINGOLD. Mr. President, I ask The PRESIDING OFFICER. Under in Dirksen 226. unanimous consent that the Sub- the previous order, the Senate will re- Witness List: Jeremiah W. ‘‘Jay’’ committee on Housing and Transpor- turn to legislative session. Nixon, Attorney General, State of Mis- tation of the Committee on Banking, souri, Jefferson City, Missouri; Charles Housing, and Urban Affairs be author- f W. Ergen, Chairman and CEO, Echostar ized to meet during the session of the APPOINTMENT Communications, Littleton, Colorado; Senate on Wednesday, March 6, 2002, at Edward O. Fritts, President and CEO, 2:30 p.m., to conduct an oversight hear- The PRESIDING OFFICER. The National Association of Broadcasters, ing on ‘‘Reauthorization of the HUD Chair, on behalf of the majority leader, Washington, DC; Eddy W. Hartenstein, McKinney-Vento Homeless Assistance in consultation with the Republican President and CEO, DIRECTV, Inc., El Act Programs.’’ leader, pursuant to Public Law 68–541, Segundo, California; Gene Kimmelman, The PRESIDING OFFICER. Without as amended by Public Law 102–246, re- Co-Director, Consumers Union, Wash- objection, it is so ordered. appoints Bernard Rapoport of Texas as ington, DC; and Robert Pitofsky, a member of the Library of Congress f former Chairman of the Federal Trade Trust Fund Board for a term of five Commission, Washington, DC. PRIVILEGES OF THE FLOOR years, upon the expiration of his cur- The PRESIDING OFFICER. Without Mr. THOMAS. Madam President, I rent term on March 10, 2002. objection, it is so ordered. ask unanimous consent that Nancy f SUBCOMMITTEE ON COMMUNICATION Perkins, of Senator GREGG’s office, Mr. FEINGOLD. Mr. President, I ask have the privilege of the floor through- PERMITTING THE USE OF THE unanimous consent that the Sub- out the consideration of the energy ROTUNDA OF THE CAPITOL committee on Communications of the bill. Mr. REID. Madam President, I ask Committee on Commerce, Science, and The PRESIDING OFFICER. Without unanimous consent the Senate now Transportation be authorized to meet objection, it is so ordered. proceed to H. Con. Res. 305 which was

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY March 6, 2002 CONGRESSIONAL RECORD — SENATE S1617 just received from the House and is the Senate, I ask unanimous consent To be colonel now at the desk. the Senate stand in adjournment under KEVIN D. BARON, 0000 LAURA E. BATTLE, 0000 The PRESIDING OFFICER. The the provisions of S. Res. 217, as a mark AMY M. BECHTOLD, 0000 clerk will report the concurrent resolu- of respect to the memory of the de- TERRIE M. GENT, 0000 THOMAS J. HASTY III, 0000 tion by title. ceased Honorable Howard W. Cannon, a STEVEN A. HATFIELD, 0000 The assistant legislative clerk read Senator from the State of Nevada. THOMAS C. JASTER, 0000 EUGENE J. KIRSCHBAUM, 0000 as follows: There being no objection, the Senate, STEWART L. NOEL, 0000 A concurrent resolution (H. Con. Res. 305) at 6:42 p.m., adjourned until Thursday, MARY V. PERRY, 0000 RONALD M. REED, 0000 permitting the use of the Rotunda of the March 7, 2002, at 10 a.m. JEFFREY L. ROBB, 0000 Capitol for a ceremony to present a gold f DANIEL E. ROGERS, 0000 medal on behalf of Congress to former Presi- PAMELA D. STEVENSON, 0000 PAUL E. VAN MALDEGHEM, 0000 dent Ronald Reagan and his wife Nancy NOMINATIONS BRIAN J. WELSH, 0000 Reagan. Executive nominations received by THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT There being no objection, the Senate the Senate March 6, 2002: TO THE GRADE INDICATED IN THE UNITED STATES AIR proceeded to consider the concurrent FORCE UNDER TITLE 10, U.S.C., SECTION 624: NATIONAL FOUNDATION ON THE ARTS AND THE To be colonel resolution. HUMANITIES Mr. REID. I ask unanimous consent JORGE ACEVEDO, 0000 JEFFREY D. WALLIN, OF CALIFORNIA, TO BE A MEMBER EDWARD N. ADDISON, 0000 the concurrent resolution be agreed to, OF THE NATIONAL COUNCIL ON THE HUMANITIES FOR A LINDA S. ALDRICH, 0000 TERM EXPIRING JANUARY 26, 2006, VICE RON CHEW. JOHN M. AMRINE, 0000 the motion to reconsider be laid upon RICHARD L. ANDERSON II, 0000 the table, that any statements relating DEPARTMENT OF JUSTICE SHERI W. ANDINO, 0000 STEPHEN J. APPLE, 0000 thereto be printed in the RECORD, with PETER A. LAWRENCE, OF NEW YORK, TO BE UNITED JOSE R. ARAGON, 0000 no intervening action or debate. STATES MARSHAL FOR THE WESTERN DISTRICT OF NEW THOMAS ARKO, 0000 YORK FOR THE TERM OF FOUR YEARS, VICE JOHN PAT- STEVEN E. ARMSTRONG, 0000 The PRESIDING OFFICER. Without RICK MCCAFFREY, TERM EXPIRED. BRADLEY D. ARNOLD, 0000 objection, it is so ordered. IN THE NAVY MICHAEL W. ARNOLD, 0000 JARED A. ASTIN, 0000 The concurrent resolution (H. Con. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT LAWRENCE G. AVERY JR., 0000 Res. 305) was agreed to. IN THE UNITED STATES NAVAL RESERVE TO THE GRADE PETER R. AXUP, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: RICHARD R. AYRES, 0000 f ROBERT P. BAINE III, 0000 To be rear admiral (lower half) HOWARD B. BAKER, 0000 RELATIVE TO THE DEATH OF THE CAPT. WILLIAM D. MASTERS JR., 0000 MICHAEL K. BAKER, 0000 SHELBY G. BALL, 0000 HONORABLE HOWARD W. CANNON THE FOLLOWING NAMED OFFICER FOR APPOINTMENT RAMONA G. BARNES, 0000 IN THE UNITED STATES NAVAL RESERVE TO THE GRADE EDMUND L. BARNETTE JR., 0000 Mr. REID. I ask unanimous consent INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: REBECCA L. BEAMAN, 0000 the Senate proceed to consideration of To be rear admiral (lower half) GROVER P. BEASLEY III, 0000 STEVEN J. BEATTY, 0000 S. Res. 217, submitted earlier today. CAPT. CRAIG O. MCDONALD, 0000 ALLAN R. BECK, 0000 The PRESIDING OFFICER. The THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JEFFREY K. BEENE, 0000 clerk will report the resolution by IN THE UNITED STATES NAVAL RESERVE TO THE GRADE ROBERT J. BELETIC, 0000 INDICATED UNDER TITLE 10, U.S.C., SECTION 12203: MICHAEL A. BENJAMIN, 0000 title. STEVEN W. BERNARD, 0000 To be rear admiral (lower half) SCOTT A. BETHEL, 0000 The legislative clerk read as follows: STEVEN K. BIBLE, 0000 CAPT. DAVID O. ANDERSON, 0000 A resolution (S. Res. 217) relative to the GREGORY M. BILLMAN, 0000 CAPT. DAVID J. CRONK, 0000 DANIEL J. BISANTI, 0000 death of the Honorable Howard W. Cannon, CAPT. DIRK J. DEBBINK, 0000 JEAN E. BITNER, 0000 formerly a Senator from the State of Ne- CAPT. FRANK F. RENNIE IV, 0000 EILEEN A. BJORKMAN, 0000 vada. IN THE AIR FORCE STEVEN M. BLACK, 0000 DAVID A. BLEHM, 0000 There being no objection, the Senate THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN V. BOGGESS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR KEVIN G. BOGGS, 0000 proceeded to consider the resolution. FORCE UNDER TITLE 10, U.S.C., SECTION 624: KIM A. BOWLING, 0000 Mr. REID. I ask unanimous consent To be colonel MARK E. BRACICH, 0000 resolution be agreed to and the motion JEFFREY A. BRAND, 0000 DERRICK K. ANDERSON, 0000 THOMAS M. BREEN, 0000 to reconsider be laid on the table with- CARL M. ANDREWS, 0000 DAVID C. BREWER, 0000 out any intervening action or debate. MARION T. HARNED, 0000 JAMES G. BREWSTER JR., 0000 JOE F. JOHNSTON, 0000 DEIDRE E. BRIGGS, 0000 The PRESIDING OFFICER. Without WAYNE R. KNUTSON JR., 0000 VENETIA E. BROWN, 0000 objection, it is so ordered. FROILAN A. SALUTA, 0000 JAMES S. BROWNE, 0000 JOSEPH R. WALLROTH, 0000 NORMAN J. BROZENICK JR., 0000 The resolution (S. Res. 217) was THOMAS J. BRUNS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DANIEL M. BRYAN, 0000 agreed to. TO THE GRADE INDICATED IN THE UNITED STATES AIR MICHAEL K. BUCK, 0000 (The resolution is printed in today’s FORCE UNDER TITLE 10, U.S.C., SECTION 624: JOHN N. BUCKALEW, 0000 HAROLD E. BULLOCK, 0000 RECORD under ‘‘Submitted Resolu- To be colonel STEPHEN L. BURGESS, 0000 tions.’’) LORAINE H. ANDERSON, 0000 DARRYL W. BURKE, 0000 WILLIAM S. ASTLEY, 0000 RICHARD L. BURLINGAME, 0000 f MARY K. BALLENGEE, 0000 BRUCE A. BUSH, 0000 BRIAN K. DECKERT, 0000 MICHAEL S. BUTLER, 0000 ORDERS FOR TOMORROW, MARCH JACKSON R. DOBBINS, 0000 DIANE M. BYRNE, 0000 7, 2002 ROY T. FRANKLIN, 0000 ANTHONY C. CAIN, 0000 WILLIAM B. HUFF, 0000 JOSEPH T. CALLAHAN III, 0000 Mr. REID. Madam President, I ask BONNIE C. JOHNSON, 0000 JAMES J. CAMPBELL JR., 0000 MICHAEL E. JOHNSON, 0000 JESSIE W. CANADAY, 0000 unanimous consent that when the Sen- GEORGE NICOLAS JR., 0000 DAVID K. CANNON, 0000 ate completes its business today, it ad- STEPHEN G. REINHART, 0000 SAMUEL G. CARBAUGH, 0000 MARK J. WELTER, 0000 DOUGLAS W. CARROLL, 0000 journ until the hour of 10 a.m., Thurs- MICHAEL E. YOUNG, 0000 JOHN R. CARTER JR., 0000 THERESA C. CARTER, 0000 day, March 7; that following the prayer THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL D. CARTNEY, 0000 and the pledge, the Journal of pro- TO THE GRADE INDICATED IN THE UNITED STATES AIR ROBERT M. CATLIN, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: JEFFREY L. CATON, 0000 ceedings be approved to date, the SCOTT D. CHAMBERS, 0000 morning hour be deemed expired, the To be colonel CHRISTOPHER R. CHAMBLISS, 0000 time for the two leaders be reserved for MARY S. ARMOUR, 0000 WILLIAM J. CHANGOSE, 0000 DELORES G. FORREST, 0000 JOHN J. CHERNIGA, 0000 their use later in the day, and the Sen- ROBERTA L. GOTT, 0000 CARY C. CHUN, 0000 ate resume consideration of S. 517, the DAWN M. HARL, 0000 GREGG A. CLARK, 0000 DIANNE R. INUNGARAY, 0000 RAY M. CLARK, 0000 energy bill. BARBARA J. JOHNSTON, 0000 WILLIAM J. CLECKNER, 0000 The PRESIDING OFFICER. Without DONNA M. LAKE, 0000 DEAN R. CLEMONS, 0000 IRENE D. LARSON, 0000 TERESA H. CLINE, 0000 objection, it is so ordered. GAIL MCCAIN, 0000 HELEN M. COCKRELL, 0000 LORI L. MONTGOMERY, 0000 JEFFREY S. COHEN, 0000 f BRIAN D. MORR, 0000 JEFFREY M. COLEMAN, 0000 STEPHEN E. PRIZER, 0000 BRIAN J. COLLINS, 0000 ADJOURNMENT UNTIL 10 A.M. SANDRA R. SCHMIDTBERRINGER, 0000 GAIL B. COLVIN, 0000 TOMORROW SHARON B. WRIGHT, 0000 TED D. CONNALLY, 0000 DOUGLAS K. COOKE, 0000 Mr. REID. Madam President, if there THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JOHN B. COOPER, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JOSEPH P. CORSO, 0000 is no further business to come before FORCE UNDER TITLE 10, U.S.C., SECTION 624: WILLIAM M. CORSON, 0000

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 9801 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1618 CONGRESSIONAL RECORD — SENATE March 6, 2002

DAVID A. CORWIN, 0000 SHELIA E. HENDERSON, 0000 CHARLES F. MILLER, 0000 PETER A. COSTELLO III, 0000 WARREN L. HENDERSON, 0000 DENNIS M. MILLER, 0000 GARY C. COX, 0000 ROBERT H. HENDRICKS, 0000 JOHN R. MILLER JR., 0000 SAMUEL D. COX, 0000 STEVEN W. HERRING, 0000 DAVID G. MINSTER, 0000 JAMES G. CRAMP, 0000 DEREK S. HESS, 0000 ALVINA K. MITCHELL, 0000 JOHN F. CROGHAN, 0000 HERMAN HICKS, 0000 DENNIS R. MITCHELL, 0000 RONALD R. CROSBY, 0000 OTIS L. HICKS JR., 0000 HENRY MITNAUL, 0000 JOSEPH C. CROWNOVER III, 0000 KIM A. HIGH, 0000 ELIZABETH A. MOORE, 0000 CARLOS R. CRUZGONZALEZ, 0000 PEGGY B. HILLEBRANDT, 0000 KENNETH J. MORAN, 0000 GEORGE L. CUNNINGHAM, 0000 JEFFREY A. HODGDON, 0000 JUAN MORENO III, 0000 PAUL A. CURLETT, 0000 DAWN C. HODGE, 0000 MICHAEL J. MORGAN, 0000 EUGENE DACUS, 0000 MICHAEL W. HODGE, 0000 RENE L. MOSLEY, 0000 TERESA D. DANIELL, 0000 RUSSELL D. HODGKINS JR., 0000 ANDREW M. MUELLER, 0000 GEORGE B. DANIELS, 0000 JOSEPH H. HOFFMAN III, 0000 SAMUEL S. MUMAW, 0000 JOHN A. DANIELS, 0000 WILLIAM C. HOFFMAN, 0000 KURT F. NEUBAUER, 0000 KEVIN S. C. DARNELL, 0000 DEWEY A. HOLMES, 0000 FRANCIS G. NEUBECK JR., 0000 CLIFFORD E. DAY, 0000 JAMES R. HOREJSI, 0000 DAVID J. NICHOLLS, 0000 STEPHEN R. DECOU, 0000 MARK A. HOWELL, 0000 KEVIN B. NOONAN, 0000 DANIEL L. DEFOREST, 0000 DERRICK A. HOXIE III, 0000 MARK C. NOYES, 0000 BRADLEY S. DENISON, 0000 LARRY W. HUDSON, 0000 PHILIP M. ODOM, 0000 STEVEN J. DEPALMER, 0000 ROBERT D. HUDSON, 0000 DAVID D. ODONNELL, 0000 ROBERT C. DEWALD, 0000 DIANE R. HULL, 0000 BARRY N. OLSON, 0000 JOHN J. DIAMOND JR., 0000 ALAN L. HUNT JR., 0000 CRAIG A. ONEAL, 0000 IAN R. DICKINSON, 0000 DENNIS L. HUNT, 0000 ROBERT A. ONEILL, 0000 HOWARD A. DIETRICH III, 0000 CARL HUNTER, 0000 RICHARD O. OSMUN, 0000 VINCENT P. DIFRONZO, 0000 JAMES L. HYATT III, 0000 MICHAEL W. OTTERBLAD, 0000 JOHN R. DIGGINS III, 0000 MICHAEL W. ISHERWOOD, 0000 GREGORY S. OWEN, 0000 FRANK C. DIGIOVANNI, 0000 GREGORY G. IUSI, 0000 PAUL J. PABICH, 0000 JOHN M. DOBBINS, 0000 FREDERICK R. JACKSON, 0000 MARC L. PAGLIARO, 0000 MARTIN P. DOEBEL, 0000 LINDA C. JACKSON, 0000 ANTHONY A. PANEK, 0000 CHRIS P. DORAN, 0000 KEVIN J. JACOBSEN, 0000 ANDREW W. PAPP, 0000 ROBERT M. DOUGLAS, 0000 SCOTT W. JANSSON, 0000 MARY H. PARKER, 0000 JACQUELINE J. DOVALE, 0000 JOYCE R. JENKINSHARDEN, 0000 EDWIN T. PARKS, 0000 JOHN A. DOWLESS JR., 0000 KENNETH A. JETER, 0000 RANDALL N. PASCHALL, 0000 KENNETH L. DRESSEL, 0000 GLEN G. JOERGER, 0000 JAMES W. PATTERSON JR., 0000 ROBERT D. DUBEK, 0000 CHARLES W. JOHNSON, 0000 JEFFREY A. PAULK, 0000 PAUL A. DUNBAR, 0000 JAMES G. JOHNSON, 0000 JAMES R. PAVLISIN, 0000 JAMES A. DUNN, 0000 ROBERT E. JOHNSON, 0000 GLENN R. PAYNE, 0000 BRADLEY D. DUTY, 0000 SCOTT W. JOHNSON, 0000 ROBERT E. PECORARO, 0000 WILLIAM T. ELIASON, 0000 STEVEN H. JOHNSON, 0000 RICHARD J. PETRASSI, 0000 DAVID F. ELLIS, 0000 DENNIS M. JONES, 0000 DAVID B. PISTILLI, 0000 MICHAEL D. ELROD, 0000 HARVEY L. JONES, 0000 ERIC A. POHLAND, 0000 JOHN L. EMICH JR., 0000 DONALD L. JORDAN, 0000 GARY W. POND, 0000 ROBERT L. ENGLISH, 0000 RONALD G. JOSEPH, 0000 GERILYN A. POSNER, 0000 MATTHEW N. ERICHSEN, 0000 NANCY A. KACZOR, 0000 JOHN C. POWELL, 0000 DOUGLAS ERLENBUSCH, 0000 MELISSA R. KALLETT, 0000 CRAIG J. PRICE, 0000 KAREN A. ESAIAS, 0000 MICHAEL C. KANE, 0000 MICHAEL J. PRUSZ, 0000 SUSAN L. ESPINAL, 0000 KEVIN P. KAROL, 0000 BENJAMIN F. PULSIFER, 0000 CARLTON D. EVERHART II, 0000 KEITH A. KECK, 0000 CARL J. PUNTURERI, 0000 KENNETH G. EVERSOLE JR., 0000 RANDY A. KEE, 0000 LESLIE B. QUEEN, 0000 MICHAEL FALINO, 0000 LLOYD H. KEETON JR., 0000 NEIL E. RADER, 0000 TIMOTHY J. FEELEY, 0000 JIM H. KEFFER, 0000 BOBBIE L. RANDALL, 0000 SANDRA E. FINAN, 0000 DENNIS E. KEITH, 0000 JEFFEREY W. RAY, 0000 LISA C. FIRMIN, 0000 MICHAEL A. KELTZ, 0000 CHRIS A. REASNER, 0000 MICHAEL A. FLECK, 0000 GARY L. KEMP, 0000 HELMUT H. REDA, 0000 ARNOLD FLORES, 0000 JEFFREY B. KENDALL, 0000 LARRY L. REXFORD, 0000 DONALD A. FLOWERS, 0000 JEFFREY A. KENNEDY, 0000 NANCY E. RICE, 0000 JON M. FONTENOT, 0000 GREG A. KERN, 0000 MICHAEL O. RIDDLE, 0000 ANDREW FOWKES, 0000 GARY W. KIRK, 0000 PATRICIA F. RIDGWAY, 0000 RICHARD M. FRAKER, 0000 THOMAS D. KLINCAR, 0000 DAVID P. RIPLEY, 0000 NANCY E. FRYE, 0000 PENNY F. KOERNER, 0000 RAYMOND A. ROBIDOUX JR., 0000 RICHARD L. FULLERTON, 0000 KENNETH M. KONICKI, 0000 JANE A. ROBINSON, 0000 KEVIN R. GAMACHE, 0000 GEORGE D. KRAMLINGER, 0000 KENNETH F. RODRIGUEZ, 0000 ROGER A. GANT, 0000 STEVEN L. KWAST, 0000 BRYAN D. ROGERS, 0000 JAMES N. GAPINSKI, 0000 MUN H. KWON, 0000 ROSS E. ROLEY, 0000 MICHAEL H. GECZY, 0000 KEVIN M. KYGER, 0000 MARCIA ROSSI, 0000 STEPHEN J. GENSHEIMER, 0000 DENNIS H. LANGE, 0000 RAYMOND J. ROTTMAN, 0000 KEITH E. GENTILE, 0000 ROY G. LANIER III, 0000 R.J. ROUSE, 0000 DAVID K. GERBER, 0000 DAVID R. LARIVEE, 0000 JOHN K. RUDOLPH, 0000 BARBARA J. GILCHRIST, 0000 MARK S. LARSON, 0000 WILLIAM J. RUMPEL, 0000 RODERICK E. GILLIS, 0000 STEPHAN J. LAUSHINE, 0000 KEVIN E. RUMSEY, 0000 DAVID B. GLADE II, 0000 DAVID G. LAWSON, 0000 JEFFREY J. RUST, 0000 DAVID S. GLOWACKI, 0000 ANTHONY J. LAZARSKI, 0000 TIMOTHY J. SAKULICH, 0000 WILLIAM F. GOAD, 0000 TIMOTHY S. LEAPTROTT, 0000 PETER G. SANDS, 0000 JAMES A. GODSEY, 0000 MATTHEW R. LEAVITT, 0000 WILLIAM A. SCHAAKE, 0000 SCOTT E. GOEHRING, 0000 IRVIN B. LEE, 0000 WILLIAM E. SCHAAL JR., 0000 T. T. GOETZ, 0000 M. DAVID LEE, 0000 CINDY L. SCHAEFER, 0000 SUSAN J. GOLDING, 0000 DANNY L. LEONARD, 0000 YVONNE E. SCHILZ, 0000 FERNANDO GONZALEZ, 0000 ANTHONY V. LEVY, 0000 CRAIG H. SCHLATTMANN, 0000 ROBERT S. GORDON, 0000 DAVID J. LEWIS, 0000 THOMAS J. SCHLUCKEBIER, 0000 FRANK GORMAN, 0000 SAMUEL LOFTON III, 0000 BRUCE E. SCHMIDT, 0000 KATHLEEN M. GRABOWSKI, 0000 MARSHALL K. LOUNSBERRY III, 0000 STEVEN C. SCHRADER, 0000 DEBRA D. GRAY, 0000 BRUCE W. LOVELY, 0000 DENISE I. SCHULTZ, 0000 SAMUEL A. R. GREAVES, 0000 PHYLLIS A. LOVING, 0000 MICHAEL R. SCOTT, 0000 BRIAN H. GREENSHIELDS, 0000 ROBERT M. LYLES, 0000 ERIC M. SEPP, 0000 DOUGLAS W. GREGORY, 0000 HOLLACE D. LYON, 0000 JOHN G. SETTER JR., 0000 JOHN R. GRIGGS, 0000 DAVID W. MADDEN, 0000 JOHNNIE SEWARD JR., 0000 GINA M. GROSSO, 0000 ANDREW M. MANLEY, 0000 JOHN N. T. SHANAHAN, 0000 LAWRENCE K. GRUBBS, 0000 ANDREW M. MAROTTA, 0000 DEBRA A. SHATTUCK, 0000 FREDERICK I. GUENDEL JR., 0000 REX A. MARSHALL, 0000 HOWARD R. SHELWOOD, 0000 STEPHEN J. HAHN, 0000 SCOTT W. MARSHALL, 0000 CHRISTIAN L. SHIPPEY, 0000 TIMOTHY L. HALE, 0000 LAURA M. MARTIN, 0000 DALE T. SHIRASAGO, 0000 WILLIAM C. HALL JR., 0000 DEBRA A. MARTINEZ, 0000 ROBERT C. SHOFNER, 0000 ROBERT L. HAMILTON JR., 0000 RUSSELL L. MAY, 0000 JAMES T. SILVA, 0000 RUSSELL J. HANDY, 0000 DAVID B. MAYER, 0000 MARK SIME, 0000 SCOTT M. HANSON, 0000 JEFFREY R. MAYO, 0000 ROBERT K. SIMM JR., 0000 TRACY A. HARDWICK, 0000 BEN MCCOLLUM II, 0000 DAVID A. SIMMS, 0000 GARRETT HARENCAK, 0000 NEAL B. MCELHANNON, 0000 BRIAN A. SIMPSON, 0000 PAUL R. HARMON, 0000 JOHN T. MCELHENNY, 0000 WILLIAM R. SIMS JR., 0000 KEVIN E. HARMS, 0000 STEVEN E. MCKAY, 0000 MICHAEL J. SINISI, 0000 MICHAEL Q. HARPER, 0000 MICHAEL A. MCKENNA, 0000 CAROLYN V. SMALL, 0000 JEFFREY P. HARRELL, 0000 WILLIAM D. MCKINNEY, 0000 DEAN A. SMITH, 0000 JOHN P. HARRIS, 0000 JOHN C. MCKOY, 0000 JEFFRY F. SMITH, 0000 RICHARD HARRIS, 0000 JAMES K. MCLAUGHLIN, 0000 KEITH E. SMITH, 0000 ROBERT D. HARVEY, 0000 ANNIE M. MCLEOD, 0000 PATRICK T. SMITH, 0000 STEVEN D. HATTER, 0000 WILLIAM J. MCMANUS, 0000 REX K. SNIDER JR., 0000 JOHN S. HAVEN II, 0000 JIMMY E. MCMILLIAN, 0000 VINCENT R. SNYDER, 0000 WILLIAM I. HAVRON, 0000 RICHARD B. MCNABB, 0000 JOYCE F. SOHOTRA, 0000 DALE L. HAYDEN, 0000 MICHAEL T. MCNEELY, 0000 TERRY L. SPITZMILLER, 0000 MICHAEL F. HAYDEN, 0000 RON MCNEILL, 0000 MARK A. STANK, 0000 GEORGE W. HAYS, 0000 KURT F. MCPHERSON, 0000 JULIE K. STANLEY, 0000 LEONARD G. HEAVNER, 0000 MARK A. MEHALIC, 0000 JOHN A. STARKEY, 0000 DAVID B. HEININGER, 0000 MICHAEL W. MELENDREZ, 0000 ROBERT J. STEELE, 0000 BRUCE B. HEINLEIN, 0000 THERESA A. MEYER, 0000 TYRONE R. STEPHENS, 0000 MITCHELL L. HEITMANN, 0000 LINDA S. MICHAEL, 0000 ROBERT G. STIEGEL, 0000 HOWARD J. HEMEON III, 0000 JANET R. MIDDLETON, 0000 PETER V. STIGLICH, 0000 HAROLD E. HEMMINGS JR., 0000 JOHN C. MILLANDER, 0000 DAN J. STIVER, 0000

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JOSEPH M. STOKER, 0000 DEIDRE E * STOFFREGEN, 0000 DWAYNE A * ELDER, 0000 MICHAEL S. STOUGH, 0000 MALLORY K * TATE, 0000 JAMES R * ERVIN, 0000 STEVEN C. SUDDARTH, 0000 GESSEL Y * VAN, 0000 SANDRA * ESCOLAS, 0000 MARK P. SULLIVAN, 0000 DANIEL C * WAKEFIELD, 0000 ERIC W * FALLON, 0000 EDWIN C. SWEDBERG, 0000 SHANNON M * WALLACE, 0000 CASEY D * GARMAN, 0000 STEPHEN M. TANOUS, 0000 ERIK J * GLOVER, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK B. TAPPER, 0000 CHRISTOPHER J * GRAHEK, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DENISE S. TAYLOR, 0000 ALFRED A * HAMILTON, 0000 MEDICAL SPECIALIST CORPS AND FOR REGULAR AP- HARRY J. TETI, 0000 DAVID P * HAMMER, 0000 POINTMENT (IDENTIFIED BY AN ASTERISK(*)) UNDER PAUL L. THEE, 0000 JOSEPH E * HARKINS, 0000 TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: THOMAS B. THOMPSON, 0000 KEVIN G * HART, 0000 NAT THONGCHUA, 0000 To be major JON K * HAYS, 0000 WILLIAM J. THORNTON, 0000 DANIEL J HEIN, 0000 DAVID L. THURSTON, 0000 ABAD * AHMED, 0000 PHILIP A * HOLCOMBE, 0000 BRUCE C. TOWNSEND, 0000 JAMES D * ARNOLD, 0000 JOHN D HOWE, 0000 BRIAN D. TRI, 0000 GARY W * ASPERA, 0000 GREGORY R HUDSON, 0000 DOUGLAS K. TUCKER, 0000 ANTHONY C * BARE, 0000 SHEREEN R * HUGHES, 0000 GUY D. TURNER, 0000 JONATHAN H * BOSWELL, 0000 NAOMI M * INGLES, 0000 RANDY K. TURNER, 0000 STANLEY T * BREUER, 0000 MARY V * INGRAM, 0000 TERESA G. TURNER, 0000 ELAINE P * BUNCH, 0000 PRISCILLA J JACKERT, 0000 BETHANY L * CHAPPELL, 0000 TRACY E. TYNAN, 0000 INGRID * JURICH, 0000 ERICA R * CLARKSON, 0000 JOSEPH F. UDEMI, 0000 PETER KALAMARAS JR., 0000 ANNE M * COAKLEY, 0000 DAVID K. UNDERWOOD, 0000 WILLIAM J KAYS, 0000 CHARLES V * COLEMAN, 0000 VINCENT C. VALDESPINO, 0000 VESTON M KELLY, 0000 KARL A * COOPER, 0000 JONATHAN D. VANGUILDER, 0000 VIBOL C * KHEIV, 0000 PHILLIP D * COSBY, 0000 PEDRO VASQUEZ JR., 0000 HEATHER A KNESS, 0000 PHILIP R * COX, 0000 MICHAEL G. VAUGHN, 0000 NINA L * KNUCKLES, 0000 DAVID S * DELGADO, 0000 MICHAEL G. VIDAL, 0000 WILLIAM A * LATZKA, 0000 DAVID E * DESROSIER, 0000 STEPHEN G. VISCO, 0000 RAYMOND D * LAUREL, 0000 HENRY D * ELLINGTON III, 0000 JOSEPH H. VIVORI, 0000 JOHN S * LEE, 0000 MICHAEL E * FLAHERTY, 0000 GEORGE C. VOGT, 0000 KERRY A LEFRANCIS, 0000 LARRY O * FRANCE, 0000 DAVID M. VOTIPKA, 0000 GARY C * LETCH, 0000 RAUL * GIERBOLINIMARTINEZ, 0000 DANIEL R. WALKER, 0000 LEONARD S LIEDEL, 0000 MANUEL * GONZALEZ, 0000 SAMUEL J. WALKER, 0000 RICHARD S * LINDSAY III, 0000 HENRY K * HATHAWAY, 0000 THOMAS C. WALKER, 0000 WILLIAM R LOVE, 0000 DONALD E * HICKS, 0000 KATHY D. WARD, 0000 PATRICK F * LUKES, 0000 CARLTON J * KIZZIE, 0000 VICTOR L. WARZINSKI, 0000 LISA M MACLAREN, 0000 JOSE G * MANGROBANG, 0000 MARK R. WASSERMAN, 0000 MICHAEL G * MACLAREN II, 0000 STEPHEN P * MANLEY, 0000 JAMES M. WAURISHUK JR., 0000 STEVEN D * MAHLEN, 0000 ANDE C * MASS, 0000 MARK P. WEADON, 0000 JOSE D MANGLICMOT, 0000 DOUGLAS L * MCDOWELL, 0000 GARY C. WEBB, 0000 PAUL B MANN, 0000 KELLI M * METZGER, 0000 ANTHONY M. WEIGAND, 0000 DANIEL E * MCCARTHY, 0000 DEBRA R * MOHNS, 0000 CHARLES A. WEISS, 0000 DAVINA N MCDOWNEY, 0000 CHRISTINE M * MORAN, 0000 JAMES J. WENDLING, 0000 DANIEL C * MCGILL, 0000 SHARON M * NEWTON, 0000 WAYNE H. WENTZ, 0000 JOHN A * MCMURRAY, 0000 WILLIAM * NIEDING, 0000 ROBERT E. WHEELER, 0000 JOHN J MELTON, 0000 JANET A * PAPAZIS, 0000 SCOTT L. WHEELER, 0000 CLAY R MILLER, 0000 PATRICK C * PETRAY, 0000 YULIN G. WHITEHEAD, 0000 JOHN M * MILLER, 0000 ALLYSON E * PRITCHARD, 0000 GREGORY S. WIEBE, 0000 GERARDO J * MORALEZ, 0000 DAVID R * REINSCH, 0000 DENNIS R. WIER, 0000 DANIEL J * MORONEY, 0000 JESUS R * RODRIGUEZ, 0000 LEE T. WIGHT, 0000 DONALD R * NEFF, 0000 SANDRA E * RODRIGUEZ, 0000 JOHN S. WILCOX, 0000 TIMOTHY D * NELLE, 0000 MICHAEL J * SCHIEFELBEIN, 0000 ROBERT C. WILLIAMS, 0000 MICHAEL J NERI JR., 0000 THOMAS * SCHYMANSKI, 0000 ROBERT T. WIMPLE JR., 0000 JOSE I NUNEZ, 0000 KATHY E * SCOTT, 0000 KATHLEEN M. WINTERS, 0000 STEPHEN L OATES, 0000 TYLER L * SEICK, 0000 CLETUS F. WITTER, 0000 LISA L * OBRIEN, 0000 HARVEY P * SMITH JR., 0000 CHARLES W. WOLFE JR., 0000 TIMOTHY G * OHAVER, 0000 TRACY A * SMITH, 0000 BEVERLY C. WRIGHT, 0000 MEE S * PAEK, 0000 BARBARA J * SYLER, 0000 MARK D. WRIGHT, 0000 DENNIS S * PALALAY, 0000 KIM N * THOMSEN, 0000 THOMAS L. YODER, 0000 GABRIELLA M PASEK, 0000 RICHARD E * WALTON, 0000 DAVID E. YOUKER, 0000 KYLE A * PATTERSON, 0000 LARRY J * WOOLDRIDGE, 0000 TIMOTHY M. ZADALIS, 0000 NANETTE S * PATTON, 0000 RODERICK C. ZASTROW, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES G PERKINS, 0000 MICHAEL P. ZEPF, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DEBORAH E PEYTON, 0000 STEPHEN B. ZIEHMN, 0000 MEDICAL SERVICE CORPS AND FOR REGULAR APPOINT- KEVIN K * PITZER, 0000 KEITH W. ZUEGEL, 0000 MENT (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, STEPHEN P * PLANCHET, 0000 U.S.C., SECTIONS 624, 531, AND 3064: FRANCISCO J * PORTALS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MICHAEL H * PRICE, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR To be major PATRICIA A * RANDALL, 0000 FORCE UNDER TITLE 10, U.S.C., SECTION 624: KIMBERLEE A AIELLO, 0000 JAMES * RICHARD III, 0000 To be colonel PAUL B ANDERSON, 0000 KARLOTTA A * RICHARDS, 0000 WILLIAM P ARGO, 0000 MICHAEL C RICHARDSON, 0000 MATT ADKINS JR., 0000 ADRIENNE B * ARI, 0000 ANDREW J * RISIO, 0000 MARK L. ALLEN, 0000 SUSAN D ARNETT, 0000 DARREN R * RITZER, 0000 DOUGLAS E. ANDERSON, 0000 GREG R * ATKINSON, 0000 ERIK G * RUDE, 0000 RANDY B. BORG, 0000 TRACY L BABCOCK, 0000 JOHN G * SANCHEZ, 0000 ALAN R. CONSTANTIAN, 0000 ERIC E BAILEY, 0000 TROY D SCHILLING, 0000 KERRY M. DEXTER, 0000 THOMAS R * BAKER, 0000 PHILIP E SHERIDAN, 0000 DAVID L. DOTY, 0000 MICHAEL K * BARDOLF, 0000 DAVID J * SKANCHY, 0000 WILLIAM J. GAYNOR, 0000 BRIAN R BAUER, 0000 MELANIE A * SLOAN, 0000 ROBERT U. HAMILTON, 0000 MICHELLE L * BELL, 0000 DWIGHT V * SMITH, 0000 MICHAEL P. HOLWAY, 0000 CARLENE A BLANDING, 0000 STEPHEN P SPELLMAN, 0000 ROBERT C. LENAHAN, 0000 MARK J BONICA, 0000 MARK D SWOFFORD, 0000 THOMAS G. MCCAULEY, 0000 MICHAEL D * BRENNAN, 0000 JONATHAN R * SYLVIE, 0000 JAMES F. MEYERS II, 0000 MICHAEL F BRESLIN, 0000 AARON M * TERMAIN, 0000 MICHAEL W. MILLER, 0000 DEIDRA E * BRIGGSANTHONY, 0000 THOMAS C TIMMES, 0000 RONALD H. PEARSON, 0000 AMY C BRINSON, 0000 JAMES Q * TRUONG, 0000 SCOTT F. WARDELL, 0000 BRADLEY L * BROOKS, 0000 JOSEPH A TUDELA, 0000 VIRGINIA L. WERESZYNSKI, 0000 KEVIN D BROOM, 0000 GERARD A * VAVRINA, 0000 CHARLES K. WOLAK, 0000 EDWARD A * BRUSHER, 0000 MYRANDA L VEREEN, 0000 STEPHEN M. WOLFE, 0000 JUDITH L BUCHANAN, 0000 ANDREW J * VITT, 0000 IN THE ARMY JAMES K * BUTLER, 0000 BLAIN S * WALKER, 0000 JAMES G * CAHILL, 0000 CHRISTINE M * WATSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT EVA K * CALERO, 0000 JOSEPH L * WILLIAMS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY DAVID J CARPENTER JR., 0000 JEFFREY S * YARVIS, 0000 VETERINARY CORPS AND FOR REGULAR APPOINTMENT JAMES D * CARRELL, 0000 SHANNON M ZEIGLER, 0000 (IDENTIFIED BY AN ASTERISK(*)) UNDER TITLE 10, U.S.C., JORGE D * CARRILLO, 0000 CHUNLIN * ZHANG, 0000 SECTIONS 624, 531, AND 3064: ANDREW D * CENTINEO, 0000 THE FOLLOWING NAMED ARMY NATIONAL GUARD OF To be major CHRISTOPHER M * CHRISTON, 0000 THE UNITED STATES OFFICER FOR APPOINTMENT TO RHONDA B * CLARK, 0000 THE GRADE INDICATED IN THE RESERVE OF THE ARMY DAVID E * BENTZEL, 0000 JOANNE M * CLINE, 0000 UNDER TITLE 10, U.S.C., SECTIONS 12203 AND 12211: WILLIAM H * BOSWORTH, 0000 KEVIN E COOPER, 0000 BORIS * BRGLEZ, 0000 ANDREW J * CORROW, 0000 To be colonel JERRY R * COWART, 0000 LYNN T * CROCKETT, 0000 JAMES R. KISH, 0000 KELLEY L * EVANS, 0000 JULIA A DALLMAN, 0000 MARGERY M * HANFELT, 0000 THOMAS D * DAVENPORT, 0000 In the Marine Corps SCOTT E * HANNA, 0000 REGINA L * DAVEY, 0000 LOUIS M * HUZELLA, 0000 MARVIN * DAVIS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KENNETH O * JACOBSEN, 0000 VIVIAN K * DENNISON, 0000 TO THE GRADE INDICATED IN THE UNITED STATES MA- CINDY A * LANDGREN, 0000 DENIS G * DESCARREAUX, 0000 RINE CORPS RESERVE UNDER TITLE 10, U.S.C., SECTION WAYNE S * LIPOVITCH, 0000 STEVE A * DESCHAMPS, 0000 12203: GLORIA A * MARSELAS, 0000 KEVIN M * DUFFY, 0000 To be colonel DANA E * MCDANIEL, 0000 PETER N EBERHARDT, 0000 KATHLEEN A * RYAN, 0000 WILLIAM T * ECHOLS, 0000 RAYMOND J. FAUGEAUX, 0000 GREG * SATURDAY, 0000 ERIC S EDWARDS, 0000 JOHN J. HARVEY, 0000 ANN M * SCHIAVETTA, 0000 DUSTIN K ELDER, 0000 MARKUS PFAHLER, 0000

VerDate Mar 15 2010 20:18 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00067 Fmt 4624 Sfmt 9801 E:\2002SENATE\S06MR2.REC S06MR2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1620 CONGRESSIONAL RECORD — SENATE March 6, 2002 ANTHONY F. WEDDINGTON, 0000 CLIFFORD M WILBORN, 0000 WITHDRAWAL MARIANNE P. WINZELER, 0000 STEPHEN J WILLIAMS, 0000 IN THE NAVY f Executive message transmitted by THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT CONFIRMATION the President to the Senate on March TO THE GRADE INDICATED IN THE UNITED STATES NAVY UNDER TITLE 10, U.S.C., SECTIONS 5582 AND 531: Executive nomination confirmed by 06, 2002, withdrawing from further Sen- To be lieutenant commander the Senate March 6, 2002: ate consideration the following nomi- JENNIFER R FLATHER, 0000 DEPARTMENT OF ENERGY nation: JANET G GOLDSTEIN, 0000 KATHY E GORDON, 0000 MARGARET S.Y. CHU, OF NEW MEXICO, TO BE DIRECTOR FREDERICK R. HEEBE, OF LOUISIANA, TO BE UNITED SAMANTHA J GREEN, 0000 OF THE OFFICE OF CIVILIAN RADIOACTIVE WASTE MAN- STATES ATTORNEY FOR THE EASTERN DISTRICT OF ROBERT S HARRINGTON, 0000 AGEMENT, DEPARTMENT OF ENERGY. LOUISIANA FOR THE TERM OF FOUR YEARS, WHICH WAS BRYANT W KNOX, 0000 THE ABOVE NOMINATION WAS APPROVED SUBJECT TO SENT TO THE SENATE ON NOVEMBER 1, 2001. MARIE E OLIVER, 0000 THE NOMINEE’S COMMITMENT TO RESPOND TO RE- TERESA A SCHWING, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY DEBORAH A STARK, 0000 CONSTITUTED COMMITTEE OF THE SENATE.

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