July 16, 2001 CONGRESSIONAL RECORD—SENATE 13305

for 61⁄2 decades honorably served his Mort Caplin returned from the war to New This simply opened a new phase in his aston- Nation, his community, and our be- York, but not many years later heard the ishing career of service and dedication to loved , amassing University’s call and answered, joining the this University and to the profession. Still to an exemplary record of accomplish- Law faculty in 1950. For over a decade he come was a five-year term on the Univer- sity’s Board of Visitors and exemplary serv- ment of the highest order. I ask unani- taught federal taxation and constitutional law. During this time he produced important ice to the Law School as chair of the execu- mous consent that the following re- scholarship and excelled in the classroom. tive committee of our recently concluded marks made by Robert E. Scott, Dean Perhaps equally important was the leader- capital campaign. When we began the Law of the University of Virginia Law ship role Mortimer Caplin played at the Uni- School campaign in July 1992, the first per- School, be printed in the RECORD. versity and in the Charlottesville commu- son I went to see was Mortimer Caplin. When These remarks are part of a speech nity. In 1950 Mort led the Law faculty in its I asked whether he would lead what would Dean Scott made during the presen- unanimous decision to admit Gregory Swan- become an eight-year fundraising effort. tation to Mr. Caplin of The Thomas son to the Law School, the first African- Mort replied simply, ‘‘I’ll do it.’’ True to his word, he did. By dint of his example and Jefferson Foundation Medal in Law, American to enroll at the University. Subse- quently, Mort was a central figure in orga- leadership, the Law School recently con- the University of Virginia’s highest nizing the efforts of the Charlottesville com- cluded the most successful campaign in the honor. munity to circumvent the ‘‘massive resist- history of American legal education. REMARKS OF DEAN ROBERT E. SCOTT UPON ance’’ campaign that Virginia’s political Mort Caplin remains to this day a central THE PRESENTATION OF THE THOMAS JEFFER- leaders had launched at the Supreme Court’s figure in the governance of the Law School SON FOUNDATION MEDAL IN LAW TO desegregation mandate. Mort, along with and its guidance into the twenty-first cen- MORTIMER M. CAPLIN, APRIL 12, 2001 other law faculty and their spouses worked tury. He has been a driving force behind the MR. PRESIDENT, MR. RECTOR, AND DISTIN- unceasingly to ensure that neither children Law School’s commitment to a broad public GUISHED GUESTS: Today is the 10th, and last nor civil rights suffered during this dark vision, as reflected in our decision to dedi- time I will stand in this glorious space and time in Virginia’s history. cate our Public Service Center in his honor. introduce a recipient of the Jefferson Medal A brilliant and popular professor, Mort He, in turn, has honored, elevated, and en- in Law. None of the prior occasions have Caplin dazzled his students. One who was es- riched us along every possible dimension. Mr. President, Mortimer Caplin comes to given me as much joy and pleasure as the pecially impressed was Robert F. Kennedy, us today as the embodiment of what Mr. Jef- duty I discharge today. It is my great honor the younger brother of a rising star in the ferson envisioned as the best that we Ameri- to present Mortimer M. Caplin, the 2001 re- Democratic Party. Several years later, after cans have within us. He has lived a life in cipient of the Foundation that rising star had become the President of law as a high calling, one dedicated to ad- Medal in Law. Mortimer Caplin represents the United States, John F. Kennedy ap- vancement of knowledge, service to the na- the very best of the University’s aspirations pointed his brother’s former tax professor as for its own. Some people gain distinction by tion, husbanding the great resources with United States Commissioner of Internal Rev- which we have been endowed and ensuring happenstance, by being in the right place at enue. Mort accepted this challenge with his the right time and then rising to the occa- that all Americans can take part in our characteristic energy and good judgment. He great national banquet and enjoy the oppor- sion. Mortimer Caplin’s reputation rests on a led that critically important if sometimes lifetime of achievement. Throughout the tunities that life in America presents. On be- unpopular agency for three years, at a time half of the School of Law and the selection nearly seven decades that he has been associ- of significant changes in the United States ated with the University, he has exemplified committee, it is my privilege to introduce economy and the tax system. At the end of Mortimer M. Caplin as the 2001 recipient of a singular constancy of excellence. At every his term, the Treasury Department granted step of the way he has shown how talent, the Thomas Jefferson Foundation Medal in him the award, the Law.∑ courage, persistence and a commitment to highest possible honor that institution can service can combine to inspire and transform bestow. f us. These are exactly the qualities that Mr. Having traveled to Washington, Mort chose EXECUTIVE AND OTHER Jefferson exemplified in his own life and to stay. He recognized the need for a first- COMMUNICATIONS wanted his University to embody. rate law firm specializing in tax practice Mortimer Caplin was born in New York in and, with Douglas Drysdale, another Vir- The following communications were 1916. He came to Charlottesville in 1933, grad- ginia alumnus, founded Caplin & Drysdale. laid before the Senate, together with uating from the college in 1937 and the Law Shortly after establishing his law firm, accompanying papers, reports, and doc- School in 1940. As an undergraduate, he not Mort resumed his teaching at the Law uments, which were referred as indi- only earned the highest academic honors but School. For more than twenty years he excelled at what the University then re- cated: taught advanced courses emphasizing the garded as the most estimable athletic en- EC–2802. A communication from the Direc- interplay of tax law and practice. For many deavor its students could undertake, inter- tor of the Corporate Policy and Research De- students at Virginia, tax law with Mortimer collegiate boxing. At the Law School, he dis- partment, Pension Benefit Guaranty Cor- Caplin became a springboard for a career played the same pattern of remarkable suc- poration, transmitting, pursuant to law, the cess. He was elected editor-in-chief of the both as public servants and as practitioners report of a rule entitled ‘‘Disclosure and Law Review and went on to serve as law in the nation’s elite law firms. Mort consist- Amendment of Records Pertaining to Indi- clerk for Judge Armistead Dobie, a former ently emphasized the importance of a law- viduals Under the Privacy Act’’ received on Dean of the Law School who by tradition yer’s independence and judgment, and June 26, 2001; to the Committee on Health, chose the most outstanding graduate of each preached the central obligation of advancing Education, Labor, and Pensions. class as his assistant. the public interest while serving one’s cli- EC–2803. A communication from the Direc- Mort had barely begun his career as a New ents. He sought to lead his students to a life tor of the Corporate Policy and Research De- York lawyer when World War II broke out. in law that would ennoble and dignify the partment, Pension Benefit Guaranty Cor- In anticipation of the conflict, he already person living it. poration, transmitting, pursuant to law, the had enlisted in the Navy and took up his During this time of building a prestigious report of a rule entitled ‘‘Benefits Payable in commission shortly after Pearl Harbor. law firm and extending a teaching career, Terminated Single-Employer Plans; Alloca- Eager for active duty, he requested a trans- Mort Caplin still found time for significant tion of Assets in Single-Employer Plans; In- fer out of the stateside intelligence work service to the bar and the general public. He terest Assumptions for Valuing and Paying that was his first assignment. The Navy re- served as President of the Indigent Civil Benefits’’ received on June 26, 2001; to the sponded by making him a beachmaster on Litigation Fund and on the executive com- Committee on Health, Education, Labor, and Omaha Beach during the Normandy inva- mittee of the Washington Lawyers Com- Pensions. sion. Facing enemy fire, Mort had to make mittee for Civil Rights under Law, on nu- EC–2804. A communication from the Acting hard choices quickly to ensure that supplies merous significant committees of the Amer- Assistant Secretary for Administration and and reinforcements kept coming. When the ican Bar Association, and various charitable Management, Department of Labor, trans- occasion required it, he used creativity and organizations. His service as a trustee of the mitting, pursuant to law, the report of a imagination to cut through bureaucratic im- Law School foundation in particular pro- nomination for the position of Assistant Sec- pediments to achieving his essential mission. vided great vision and support during a pe- retary for Congressional and Intergovern- Thus, when a ship’s captain refused to beach riod of change and growth. In recognition of mental Affairs, received on June 27, 2001; to his vessel at a time when the ammunition it this service, Mort collected a remarkable the Committee on Health, Education, Labor, carried was in short supply along the front number of awards and distinctions, honorary and Pensions. and no other method of delivering its cargo degrees and other testimonials to his gen- EC–2805. A communication from the Acting presented itself, Mort invented a two-star erosity and accomplishments. Assistant Secretary for Administration and general whose imaginary order got the job In 1988, at the age of 72, Mort Caplin be- Management, Department of Labor, trans- done. came a Professor Emeritus of the University. mitting, pursuant to law, the report of a

VerDate Aug 31 2005 15:31 Feb 22, 2007 Jkt 089102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR01\S16JY1.000 S16JY1 rmajette on PROD1PC67 with BOUND RECORD 13306 CONGRESSIONAL RECORD—SENATE July 16, 2001 nomination for the position of Assistant Sec- mitting, pursuant to law, the report of a va- pursuant to law, the report of a rule entitled retary for Policy, received on June 27, 2001; cancy and the designation of acting officer ‘‘Secondary Direct Food Additives Permitted to the Committee on Health, Education, for the position of Solicitor of Labor, re- in Food for Human Consumption’’ (Doc. No. Labor, and Pensions. ceived on June 27, 2001; to the Committee on 00F–1488) received on June 27, 2001; to the EC–2806. A communication from the Acting Health, Education, Labor, and Pensions. Committee on Health, Education, Labor, and Assistant Secretary for Administration and EC–2816. A communication from the Acting Pensions. Management, Department of Labor, trans- Assistant Secretary for Administration and EC–2826. A communication from the Asso- mitting, pursuant to law, the report of a Management, Department of Labor, trans- ciate Solicitor for Legislation and Legal nomination and a nomination confirmed for mitting, pursuant to law, the report of a va- Counsel, Department of Labor, transmitting, the position of Assistant Secretary for Ad- cancy and the designation of acting officer pursuant to law, the report of a nomination ministration and Management, received on for the position of Secretary of Labor, re- for the position of Assistant Secretary of the June 27, 2001; to the Committee on Health, ceived on June 27, 2001; to the Committee on Occupational Safety and Health Administra- Education, Labor, and Pensions. Health, Education, Labor, and Pensions. tion, received on June 28, 2001; to the Com- EC–2807. A communication from the Acting EC–2817. A communication from the Acting mittee on Health, Education, Labor, and Assistant Secretary for Administration and Assistant Secretary for Administration and Pensions. Management, Department of Labor, trans- Management, Department of Labor, trans- EC–2827. A communication from the Assist- mitting, pursuant to law, the report of a va- mitting, pursuant to law, the report of a va- ant Secretary for Administration and Man- cancy and the designation of acting officer cancy and the designation of acting officer agement, Department of Labor, transmit- for the position of Chief Financial Officer, for the position of Assistant Secretary, Oc- ting, pursuant to law, the report of a nomi- EX–IV, received on June 27, 2001; to the Com- cupational Safety and Health Administra- nation confirmed for the position of Deputy mittee on Health, Education, Labor, and tion, received on June 27, 2001; to the Com- Secretary of Labor, received on June 28, 2001; Pensions. mittee on Health, Education, Labor, and to the Committee on Health, Education, EC–2808. A communication from the Acting Pensions. Labor, and Pensions. Assistant Secretary for Administration and EC–2818. A communication from the Acting EC–2828. A communication from the Asso- Management, Department of Labor, trans- Assistant Secretary for Administration and ciate Solicitor for Legislation and Legal mitting, pursuant to law, the report of a va- Management, Department of Labor, trans- Counsel, Department of Labor, transmitting, cancy in the position of Wage Hour Adminis- mitting, pursuant to law, the report of a va- pursuant to law, the report of the designa- trator, EX–V, received on June 27, 2001; to cancy and the designation of acting officer tion of acting officer for the position of As- the Committee on Health, Education, Labor, for the position of Assistant Secretary, Em- sistant Secretary for Public Affairs, received and Pensions. ployment Standards Administration, re- on June 28, 2001; to the Committee on EC–2809. A communication from the Acting ceived on June 27, 2001; to the Committee on Health, Education, Labor, and Pensions. Assistant Secretary for Administration and Health, Education, Labor, and Pensions. EC–2829. A communication from the Assist- Management, Department of Labor, trans- EC–2819. A communication from the Acting ant Secretary for Administration and Man- mitting, pursuant to law, the report of a va- Assistant Secretary for Administration and agement, Department of Labor, transmit- cancy in the position of Assistant Secretary Management, Department of Labor, trans- ting, pursuant to law, the report of the des- for PWBA, received on June 27, 2001; to the mitting, pursuant to law, the report of a ignation of acting officer for the position of Committee on Health, Education, Labor, and nomination for the position of Deputy Sec- Solicitor of Labor, received on June 28, 2001; Pensions. retary of Labor, received on June 27, 2001; to to the Committee on Health, Education, EC–2810. A communication from the Acting the Committee on Health, Education, Labor, Labor, and Pensions. EC–2830. A communication from the Assist- Assistant Secretary for Administration and and Pensions. ant Secretary for Administration and Man- Management, Department of Labor, trans- EC–2820. A communication from the Acting agement, Department of Labor, transmit- mitting, pursuant to law, the report of the Assistant Secretary for Administration and ting, pursuant to law, the report of the dis- discontinuation of service in acting role for Management, Department of Labor, trans- continuation of service in acting role for the the position of Assistant Secretary for Con- mitting, pursuant to law, the report of a position of Solicitor of Labor, received on gressional and Intergovernmental Affairs, nomination for the position of Solicitor of June 28, 2001; to the Committee on Health, EX–IV, received on June 27, 2001; to the Com- Labor, received on June 27, 2001; to the Com- Education, Labor, and Pensions. mittee on Health, Education, Labor, and mittee on Health, Education, Labor, and EC–2831. A communication from the Acting Pensions. Pensions. Assistant General Counsel for Regulations, EC–2811. A communication from the Acting EC–2821. A communication from the Acting Office of Postsecondary Education, Depart- Assistant Secretary for Administration and Assistant Secretary for Administration and ment of Education, transmitting, pursuant Management, Department of Labor, trans- Management, Department of Labor, trans- to law, the report of a rule entitled ‘‘Federal mitting, pursuant to law, the report of the mitting, pursuant to law, the report of a Family Education Loan Program and Wil- discontinuation of service in acting role for nomination and a nomination confirmed for liam D. Ford Federal Direct Loan Program’’ the position of Assistant Secretary for Pol- the position of Director of the Women’s Bu- received on June 28, 2001; to the Committee icy, EX–IV, received on June 27, 2001; to the reau, received on June 27, 2001; to the Com- on Health, Education, Labor, and Pensions. Committee on Health, Education, Labor, and mittee on Health, Education, Labor, and EC–2832. A communication from the Direc- Pensions. Pensions. tor of Regulations Policy and Management, EC–2812. A communication from the Acting EC–2822. A communication from the Acting Food and Drug Administration, Department Assistant Secretary for Administration and Assistant Secretary for Administration and of Health and Human Services, transmitting, Management, Department of Labor, trans- Management, Department of Labor, trans- pursuant to law, the report of a rule entitled mitting, pursuant to law, the report of a va- mitting, pursuant to law, the report of a ‘‘Requirements for Testing Human Blood Do- cancy in the position of Assistant Secretary nomination and a nomination confirmed for nors for Evidence of Infection Due to Com- for VETS, EX–IV, received on June 27, 2001; the position of Assistant Secretary for Mine municable Disease Agents’’ (Doc. No. 98N– to the Committee on Health, Education, Safety and Health, received on June 27, 2001; 0581) received on June 28, 2001; to the Com- Labor, and Pensions. to the Committee on Health, Education, mittee on Health, Education, Labor, and EC–2813. A communication from the Acting Labor, and Pensions. Pensions. Assistant Secretary for Administration and EC–2823. A communication from the Acting EC–2833. A communication from the Direc- Management, Department of Labor, trans- Assistant Secretary for Administration and tor of Regulations Policy and Management, mitting, pursuant to law, the report of a va- Management, Department of Labor, trans- Food and Drug Administration, Department cancy in the position of Director of the mitting, pursuant to law, the report of a of Health and Human Services, transmitting, Women’s Bureau, SL–8, received on June 27, nomination and a nomination confirmed for pursuant to law, the report of a rule entitled 2001; to the Committee on Health, Education, the position of Assistant Secretary for Pen- ‘‘General Requirements for Blood, Blood Labor, and Pensions. sion and Welfare Benefits Administration, Components, and Blood Derivatives; Donor EC–2814. A communication from the Acting received on June 27, 2001; to the Committee Notification’’ (Doc. No. 98N–0607) received on Assistant Secretary for Administration and on Health, Education, Labor, and Pensions. June 28, 2001; to the Committee on Health, Management, Department of Labor, trans- EC–2824. A communication from the Sec- Education, Labor, and Pensions. mitting, pursuant to law, the report of a va- retary of Health and Human Services, trans- EC–2834. A communication from the Sec- cancy in the position of Assistant Secretary, mitting, a report entitled ‘‘Protections for retary of Health and Human Services, trans- Employment and Training Administration, Children in Research’’; to the Committee on mitting, pursuant to law, a report entitled received on June 27 , 2001; to the Committee Health, Education, Labor, and Pensions. ‘‘Tobacco Control Activities in the United on Health, Education, Labor, and Pensions. EC–2825. A communication from the Direc- States, 1994–1999’’; to the Committee on EC–2815. A communication from the Acting tor of Regulations Policy and Management, Health, Education, Labor, and Pensions. Assistant Secretary for Administration and Food and Drug Administration, Department EC–2835. A communication from the White Management, Department of Labor, trans- of Health and Human Services, transmitting, House Liaison, Department of Education,

VerDate Aug 31 2005 15:31 Feb 22, 2007 Jkt 089102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR01\S16JY1.001 S16JY1 rmajette on PROD1PC67 with BOUND RECORD July 16, 2001 CONGRESSIONAL RECORD—SENATE 13307 transmitting, pursuant to law, the report of retary, Office of Postsecondary Education, Committee on Health, Education, Labor, and a vacancy in the position of Secretary of received on June 28, 2001; to the Committee Pensions. Education, received on June 28, 2001; to the on Health, Education, Labor, and Pensions. EC–2858. A communication from the White Committee on Health, Education, Labor, and EC–2847. A communication from the White House Liaison, Department of Education, Pensions. House Liaison, Department of Education, transmitting, pursuant to law, the report of EC–2836. A communication from the White transmitting, pursuant to law, the report of a nomination for the position of Assistant House Liaison, Department of Education, a vacancy in the position of Assistant Sec- Secretary, Office of Educational Research transmitting, pursuant to law, the report of retary of the Office of Educational Research and Improvement, received on June 28, 2001; a vacancy in the position of Deputy Sec- and Improvement, received on June 28, 2001; to the Committee on Health, Education, retary of Education, received on June 28, to the Committee on Health, Education, Labor, and Pensions. 2001; to the Committee on Health, Education, Labor, and Pensions. EC–2859. A communication from the White Labor, and Pensions. EC–2848. A communication from the White House Liaison, Department of Education, EC–2837. A communication from the White House Liaison, Department of Education, transmitting, pursuant to law, the report of House Liaison, Department of Education, transmitting, pursuant to law, the report of a nomination confirmed for the position of transmitting, pursuant to law, the report of a vacancy in the position of Commissioner of Secretary of Education, received on June 28, a vacancy in the position of Under Sec- Education Statistics, Office of Educational 2001; to the Committee on Health, Education, retary, received on June 28, 2001; to the Com- Research and Improvement, received on June Labor, and Pensions. mittee on Health, Education, Labor, and 28, 2001; to the Committee on Health, Edu- EC–2860. A communication from the White Pensions. cation, Labor, and Pensions. House Liaison, Department of Education, EC–2838. A communication from the White EC–2849. A communication from the White transmitting, pursuant to law, the report of House Liaison, Department of Education, House Liaison, Department of Education, a nomination confirmed for the position of transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of Deputy Secretary of Education , received on a vacancy in the position of Chief Financial a vacancy in the position of Assistant Sec- June 28, 2001; to the Committee on Health, Officer, received on June 28, 2001; to the retary, Office of Vocational and Adult Edu- Education, Labor, and Pensions. Committee on Health, Education, Labor, and cation, received on June 28, 2001; to the Com- EC–2861. A communication from the Acting Pensions. mittee on Health, Education, Labor, and Director of the United States Office of Per- EC–2839. A communication from the White Pensions. sonnel Management, transmitting, pursuant House Liaison, Department of Education, EC–2850. A communication from the White to law, the report of a vacancy in the posi- transmitting, pursuant to law, the report of House Liaison, Department of Education, tion of Deputy Director, received on June 28, a vacancy in the position of Assistant Sec- transmitting, pursuant to law, the report of 2001; to the Committee on Governmental Af- retary, Office of Intergovernmental and a vacancy in the position of Assistant Sec- fairs. Interagency Affairs, received on June 28, retary, Office of Management, received on EC–2862. A communication from the Acting 2001; to the Committee on Health, Education, June 28, 2001; to the Committee on Health, Director of the United States Office of Per- Labor, and Pensions. Education, Labor, and Pensions. sonnel Management, transmitting, pursuant EC–2840. A communication from the White EC–2851. A communication from the White to law, the report of a nomination for the po- House Liaison, Department of Education, House Liaison, Department of Education, sition of Director, received on June 28, 2001; transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of to the Committee on Governmental Affairs. EC–2863. A communication from the Chair- a vacancy in the position of Assistant Sec- a nomination for the position of Secretary of man of the Board of Directors of the Cor- retary, Office for Civil Rights, received on Education, received on June 28, 2001; to the poration for Public Broadcasting, transmit- June 28, 2001; to the Committee on Health, Committee on Health, Education, Labor, and ting, pursuant to law, the report of the Of- Education, Labor, and Pensions. Pensions. fice of the Inspector General for the period EC–2841. A communication from the White EC–2852. A communication from the White beginning October 1, 2000 through March 31, House Liaison, Department of Education, House Liaison, Department of Education, 2001; to the Committee on Governmental Af- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of fairs. a vacancy in the position of Assistant Sec- a nomination for the position of Deputy Sec- EC–2864. A communication from the Execu- retary, Office of Elementary and Secondary retary of Education, received on June 28, tive Director of the Committee for Purchase Education, received on June 28, 2001; to the 2001; to the Committee on Health, Education, From People Who Are Blind or Severely Dis- Committee on Health, Education, Labor, and Labor, and Pensions. abled, transmitting, pursuant to law, the re- Pensions. EC–2853. A communication from the White port of additions to the procurement list, re- EC–2842. A communication from the White House Liaison, Department of Education, ceived on June 28, 2001; to the Committee on House Liaison, Department of Education, transmitting, pursuant to law, the report of Governmental Affairs. transmitting, pursuant to law, the report of a nomination for the position of Under Sec- EC–2865. A communication from the Acting a vacancy in the position of Assistant Sec- retary, received on June 28, 2001; to the Com- Commissioner of Social Security, transmit- retary, Office of Legislation and Congres- mittee on Health, Education, Labor, and ting, pursuant to law, the report of the Of- sional Affairs, received on June 28, 2001; to Pensions. fice of the Inspector General for the period the Committee on Health, Education, Labor, EC–2854. A communication from the White beginning October 1, 2000 through March 31, and Pensions. House Liaison, Department of Education, 2001; to the Committee on Governmental Af- EC–2843. A communication from the White transmitting, pursuant to law, the report of fairs. House Liaison, Department of Education, a nomination for the position of Assistant EC–2866. A communication from the In- transmitting, pursuant to law, the report of Secretary, Office of Intergovernmental and spector General of the Federal Housing Fi- a vacancy in the position of General Counsel, Interagency Affairs, received on June 28, nance Board, transmitting, pursuant to law, received on June 28, 2001; to the Committee 2001; to the Committee on Health, Education, the report of the Office of the Inspector Gen- on Health, Education, Labor, and Pensions. Labor, and Pensions. eral for the period beginning October 1 , 2000 EC–2844. A communication from the White EC–2855. A communication from the White through March 31, 2001; to the Committee on House Liaison, Department of Education, House Liaison, Department of Education, Governmental Affairs. transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of EC–2867. A communication from the Chair- a vacancy in the position of Assistant Sec- a nomination for the position of Assistant man of the United States Merit Systems retary, Office of Special Education and Re- Secretary, Office of Elementary and Sec- Protection Board, transmitting, pursuant to habilitative Services, received on June 28, ondary Education, received on June 28, 2001; law, the Annual Report for Fiscal Year 2000; 2001; to the Committee on Health, Education, to the Committee on Health, Education, to the Committee on Governmental Affairs. Labor, and Pensions. Labor, and Pensions. EC–2868. A communication from the Prin- EC–2845. A communication from the White EC–2856. A communication from the White cipal Deputy Associate Administrator of the House Liaison, Department of Education, House Liaison, Department of Education, Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of ting, pursuant to law, the report of a rule en- a vacancy in the position of Commissioner of a nomination for the position of Assistant titled ‘‘National Emission Standards for Haz- Rehabilitative Services Administration, Of- Secretary, Office of Legislation and Congres- ardous Air Pollutants from Oil and Natural fice of Special Education and Rehabilitative sional Affairs, received on June 28, 2001; to Gas Production Facilities and National Services, received on June 28, 2001; to the the Committee on Health, Education, Labor, Emission Standards for Hazardous Air Pol- Committee on Health, Education, Labor, and and Pensions. lutants from Natural Gas Transmission and Pensions. EC–2857. A communication from the White Storage Facilities’’ (FRL6997–9) received on EC–2846. A communication from the White House Liaison, Department of Education, June 21, 2001; to the Committee on Environ- House Liaison, Department of Education, transmitting, pursuant to law, the report of ment and Public Works. transmitting, pursuant to law, the report of a nomination for the position of General EC–2869. A communication from the Prin- a vacancy in the position of Assistant Sec- Counsel, received on June 28, 2001; to the cipal Deputy Associate Administrator of the

VerDate Aug 31 2005 15:31 Feb 22, 2007 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR01\S16JY1.001 S16JY1 rmajette on PROD1PC67 with BOUND RECORD 13308 CONGRESSIONAL RECORD—SENATE July 16, 2001 Environmental Protection Agency, transmit- Unmistakable Error’’ (RIN2900–AK74) re- received on July 5, 2001; to the Committee on ting, pursuant to law, the report of a rule en- ceived on June 11, 2001; to the Committee on Environment and Public Works. titled ‘‘NESHAP: Standards for Hazardous Veterans’ Affairs. EC–2889. A communication from the Prin- Air Pollutants for Hazardous Waste’’ EC–2879. A communication from the Chief cipal Deputy Associate Administrator of the (FRL7001–8) received on June 21, 2001; to the of the Regulations Unit, Internal Revenue Environmental Protection Agency, transmit- Committee on Environment and Public Service, Department of the Treasury, trans- ting, pursuant to law, the report of a rule en- Works. mitting, pursuant to law, the report of a rule titled ‘‘Final Approval and Promulgation of EC–2870. A communication from the Prin- entitled ‘‘Notice 2001–43’’ (OGI–124010–01) re- Implementation Plans; California State Im- cipal Deputy Associate Administrator of the ceived on July 2, 2001; to the Committee on plementation Plan Revision, San Joaquin Environmental Protection Agency, transmit- Finance. Valley Unified Air Pollution District’’ ting, pursuant to law, the report of a rule en- EC–2880. A communication from the Direc- (FRL6995–7) received on July 5, 2001; to the titled ‘‘Approval and Promulgation of Air tor of Regulations Policy and Management, Committee on Environment and Public Quality Implementation Plans; New Hamp- Food and Drug Administration, Department Works. shire; New Source Review Revision’’ of Health and Human Services, transmitting, EC–2890. A communication from the Prin- (FRL6999–6) received on June 27, 2001; to the pursuant to law, the report of a rule entitled cipal Deputy Associate Administrator of the Committee on Environment and Public ‘‘Secondary Direct Food Additives Permitted Environmental Protection Agency, transmit- Works. in Food for Human Consumption’’ (Doc. No. ting, pursuant to law, the report of a rule en- EC–2871. A communication from the Prin- 00F–1482) received on July 5, 2001; to the titled ‘‘Revision to the California State Im- cipal Deputy Associate Administrator of the Committee on Health, Education, Labor, and plementation Plan, Bay Area Air Quality Environmental Protection Agency, transmit- Pensions. Management District, El Dorado County Air ting, pursuant to law, the report of a rule en- EC–2881. A communication from the Con- Pollution Control District’’ (FRL7005–1) re- titled ‘‘Approval of Section 112(1) Authority gressional Review Coordinator, Policy and ceived on July 5, 2001; to the Committee on for Hazardous Air Pollutants; Chemical Acci- Program Development, Animal and Plant Environment and Public Works. dent Prevention; Risk Management Plans; Health Inspection Service, Department of EC–2891. A communication from the Prin- New Jersey Department of Environmental Agriculture, transmitting, pursuant to law, cipal Deputy Associate Administrator of the Protection’’ (FRL6996–7) received on June 27, the report of a rule entitled ‘‘Gypsy Moth Environmental Protection Agency, transmit- 2001; to the Committee on Environment and Generally Infested Areas’’ (Doc. No. 01–049–1) ting, pursuant to law, the report of a rule en- Public Works. received on July 5, 2001; to the Committee on titled ‘‘Approval and Promulgation of Imple- EC–2872. A communication from the Prin- Agriculture, Nutrition, and Forestry. mentation Plan for Texas: Transportation cipal Deputy Associate Administrator of the EC–2882. A communication from the Prin- Control Measures Rule’’ (FRL7010–9) received Environmental Protection Agency, transmit- cipal Deputy Associate Administrator of the on July 10, 2001; to the Committee on Envi- ting, pursuant to law, the report of a rule en- Environmental Protection Agency, transmit- ronment and Public Works. titled ‘‘OMB Approvals Under the Paperwork ting, pursuant to law, the report of a rule en- EC–2892. A communication from the Prin- Reduction Act; Technical Amendment’’ titled ‘‘Extension of Tolerances for Emer- cipal Deputy Associate Administrator of the (FRL6771–7) received on June 27, 2001; to the gency Exemptions (Multiple Chemicals)’’ Environmental Protection Agency, transmit- Committee on Environment and Public (FRL6793–8) received on July 11, 2001; to the ting, pursuant to law, the report of a rule en- Works. Committee on Agriculture, Nutrition, and titled ‘‘Approval and Promulgation of Imple- EC–2873. A communication from the Prin- Forestry. mentation Plans: Alabama: Nitrogen Oxides cipal Deputy Associate Administrator of the EC–2883. A communication from the Gen- Budget and Allowance Trading Program’’ Environmental Protection Agency, transmit- eral Counsel of the Federal Emergency Man- (FRL7012–1) received on July 10, 2001; to the ting, pursuant to law, the report of a rule en- agement Agency, transmitting, pursuant to Committee on Environment and Public titled ‘‘Clean Air Act Approval and Promul- law, the report of a rule entitled ‘‘National Works. gation of Air Quality Implementation Plan Flood Insurance Program; Clarification of Revision for Colorado; Long-Term Strategy Letter of Map Amendment Determinations’’ EC–2893. A communication from the Prin- of State Implementation Plan for Class I (RIN3067–AD19) received on July 5, 2001; to cipal Deputy Associate Administrator of the Visibility Protection: Craig Station Require- the Committee on Banking, Housing, and Environmental Protection Agency, transmit- ments’’ (FRL7005–8) received on June 28, 2001; Urban Affairs. ting, pursuant to law, the report of a rule en- to the Committee on Environment and Pub- EC–2884. A communication from the Gen- titled ‘‘Approval and Promulgation of Imple- lic Works. eral Counsel of the Federal Emergency Man- mentation Plans; Texas; Houston/Galveston EC–2874. A communication from the Direc- agement Agency, transmitting, pursuant to Volatile Organic Compound Reasonably tor of the Federal Emergency Management law, the report of a rule entitled ‘‘Changes in Available Control Technology Revision’’ Agency, transmitting, pursuant to law, a re- Flood Elevation Determinations’’ (Doc. No. (FRL7001–6) received on July 10, 2001; to the port relative to the Commonwealth of Mas- FEMA–B–7415) received on July 5, 2001; to the Committee on Environment and Public sachusetts; to the Committee on Environ- Committee on Banking, Housing, and Urban Works. ment and Public Works. Affairs. EC–2894. A communication from the Prin- EC–2875. A communication from the Assist- EC–2885. A communication from the Assist- cipal Deputy Associate Administrator of the ant Legal Advisor for Treaty Affairs, Depart- ant Secretary for Export Administration, Environmental Protection Agency, transmit- ment of State, transmitting, pursuant to Bureau of Export Administration, Depart- ting, pursuant to law, the report of a rule en- law, the report of texts and background ment of Commerce, transmitting, pursuant titled ‘‘National Emission Standards for Haz- statements of international agreements, to law, the report of a rule entitled ‘‘Exports ardous Air Pollutants for Chemical Recovery other than treaties; to the Committee on of Agricultural Commodities, Medicines and Combustion Sources at Kraft, Soda, Sulfite, Foreign Relations. Medical Devices’’ (RIN0694–AC37) received on and Stand-Alone Semichemical Pulp Mills’’ EC–2876. A communication from the White July 10, 2001; to the Committee on Banking, (FRL6997–8) received on July 10, 2001; to the House Liaison, Department of Justice, trans- Housing, and Urban Affairs. Committee on Environment and Public mitting, pursuant to law, the report of a EC–2886. A communication from the Chair- Works. nomination confirmed for the position of As- man of the District of Columbia Financial EC–2895. A communication from the Prin- sistant Attorney General, Antitrust Divi- Responsibility and Management Assistance cipal Deputy Associate Administrator of the sion, received on July 9, 2001; to the Com- Authority, transmitting, pursuant to law, Environmental Protection Agency, transmit- mittee on the Judiciary. the District of Columbia Budget for Fiscal ting, pursuant to law, the report of a rule en- EC–2877. A communication from the White Year 2002 and the Financial Plans for Fiscal titled ‘‘Regulation of Fuel and Fuel Addi- House Liaison, Department of Justice, trans- Years 2002–2005; to the Committee on Gov- tives: Reformulated Gasoline Adjustment’’ mitting, pursuant to law, the report of a va- ernmental Affairs. (FRL7011–2) received on July 10, 2001; to the cancy and the designation of acting officer EC–2887. A communication from the Dis- Committee on Environment and Public for the position of Director, Federal Bureau trict of Columbia Auditor, transmitting, pur- Works. of Investigations, received on July 9, 2001; to suant to law, a report entitled ‘‘Comparative EC–2896. A communication from the Prin- the Committee on the Judiciary. Analysis of Actual Cash Collections to Rev- cipal Deputy Associate Administrator or the EC–2878. A communication from the Direc- enue Estimates for the 2nd Quarter of Fiscal Environmental Protection Agency, transmit- tor of the Office of Regulations Management, Year 2001’’; to the Committee on Govern- ting, pursuant to law, the report of a rule en- Board of Veterans’ Appeals, Department of mental Affairs. titled ‘‘Approval and Promulgation of Imple- Veterans’ Affairs, transmitting, pursuant to EC–2888. A communication from the Gen- mentation Plans; Indiana’’ (FRL7004–1) re- law, the report of a rule entitled ‘‘Board of eral Counsel of the Federal Emergency Man- ceived on July 13, 2001; to the Committee on Veterans’ Appeals: Rules of Practice—Effect agement Agency, transmitting, pursuant to Environment and Public Works. of Procedural Defects in Motions for Revi- law, the report of a rule entitled ‘‘Disaster EC–2897. A communication from the Prin- sion of Decisions on the Grounds of Clear and Assistance Debris Removal’’ (RIN3067–AD08) cipal Deputy Associate Administrator of the

VerDate Aug 31 2005 15:31 Feb 22, 2007 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR01\S16JY1.001 S16JY1 rmajette on PROD1PC67 with BOUND RECORD July 16, 2001 CONGRESSIONAL RECORD—SENATE 13309 Environmental Protection Agency, transmit- and second times by unanimous con- percent of the health insurance costs of ting, pursuant to law, the report of a rule en- sent, and referred as indicated, on July self-employed individuals. titled ‘‘Request for Reproposals: For the Op- 13, 2001: eration of the Intergrated Atmospheric Dep- S. 124 osition Network (IADN)’’ received on July By Mrs. MURRAY: At the request of Mr. BROWNBACK, the 13, 2001; to the Committee on Environment S. 1178. An original bill making appropria- name of the Senator from Mississippi tions for the Department of Transportation and Public Works. (Mr. LOTT) was added as a cosponsor of EC–2898. A communication from the Prin- and related agencies for the fiscal year end- cipal Deputy Associate Administrator of the ing September 30, 2002, and for other pur- S. 124, a bill to exempt agreements re- Environmental Protection Agency, transmit- poses; from the Committee on Appropria- lating to voluntary guidelines gov- ting, pursuant to law, the report of a rule en- tions; placed on the calendar. erning telecast material, movies, video titled ‘‘SOLICITATION: To Promote the Use The following bills and joint resolu- games, Internet content, and music of Market Based Mechanisms to Address En- tions were introduced, read the first lyrics from the applicability of the vironmental Issues—Financial Component’’ and second times by unanimous con- antitrust laws, and for other purposes. received on July 13, 2001; to the Committee on Environment and Public Works. sent, and referred as indicated, today: S. 127 EC–2899. A communication from the Prin- By Mr. JOHNSON (for himself and Mr. At the request of Mr. MCCAIN, the cipal Deputy Associate Administrator of the CRAIG): name of the Senator from Nevada (Mr. Environmental Protection Agency, transmit- S. 1179. A bill to amend the Richard B. Rus- REID) was added as a cosponsor of S. ting, pursuant to law, the report of a rule en- sell National School Lunch Act to ensure an 127, a bill to give American companies, titled ‘‘Protection of Stratospheric Ozone: adequate level of commodity purchases Process for Exempting Quarantine and under the school lunch program; to the Com- American workers, and American ports Preshipment Applications of Methyl Bro- mittee on Agriculture, Nutrition, and For- the opportunity to compete in the mide’’ (FRL7014–5) received on July 13, 2001; estry. United States cruise market. to the Committee on Environment and Pub- By Mr. EDWARDS: S. 180 lic Works. S. 1180. A bill to direct the Secretary of the EC–2900. A communication from the Direc- Interior to study the suitability and feasi- At the request of Mr. FRIST, the tor of the Office of Personnel Policy, Depart- bility of designating the International Civil names of the Senator from Arkansas ment of the Interior, transmitting, pursuant Rights Center and Museum in the State of (Mrs. LINCOLN), the Senator from Ken- to law, the report of a nomination confirmed North Carolina as a unit of the National tucky (Mr. BUNNING), and the Senator for the position of Assistant Secretary of In- Park System, and for other purposes; to the from Iowa (Mr. GRASSLEY) were added dian Affairs, received on July 11, 2001; to the Committee on Energy and Natural Re- as cosponsors of S. 180, a bill to facili- Committee on Indian Affairs. sources. tate famine relief efforts and a com- EC–2901. A communication from the Dep- By Mr. LUGAR (for himself and Mr. uty Assistant Secretary of Indian Affairs prehensive solution to the war in BAYH): (Management), Bureau of Indian Affairs, De- S. 1181. A bill to designate the facility of Sudan. partment of the Interior, transmitting, pur- the United States Postal Service located at S. 258 suant to law, the report of a rule entitled ‘‘25 2719 South Webster Street in Kokomo, Indi- CFR Part 11, Law and Order on Indian Res- At the request of Mrs. LINCOLN, the ana, as the ‘‘Elwood Haynes ‘‘Bud’’ Hillis ervations’’ (RIN1076–AE19) received on July name of the Senator from Massachu- Post Office Building’’; to the Committee on 13, 2001; to the Committee on Indian Affairs. Governmental Affairs. setts (Mr. KERRY) was added as a co- f By Mr. HOLLINGS: sponsor of S. 258, a bill to amend title REPORTS OF COMMITTEES S. 1182. A bill to direct the Secretary of the XVIII of the Social Security Act to Army to lease land at the Richard B. Russell provide for coverage under the medi- Under the authority of the order of Dam and Lake Project, South Carolina, to care program of annual screening pap the Senate of January 3, 2001, the fol- the South Carolina Department of Com- smear and screening pelvic exams. lowing reports of committees were sub- merce, and for other purposes; to the Com- mitted on July 13, 2001: mittee on Environment and Public Works. S. 388 By Mrs. MURRAY, from the Committee on By Ms. SNOWE (for herself and Ms. At the request of Mr. MURKOWSKI, the Appropriations, without amendment: COLLINS): names of the Senator from Virginia S. 1178: An original bill making appropria- S. 1183. A bill to authorize the modification (Mr. ALLEN) and the Senator from tions for the Department of Transportation of a pump station intake structure and dis- North Carolina (Mr. HELMS) were added and related agencies for the fiscal year end- charge line of the Fort Fairfield, Maine, as cosponsors of S. 388, a bill to protect flood control project at full Federal expense; ing September 30, 2002, and for other pur- the energy and security of the United poses (Rept. No. 107–38). to the Committee on Environment and Pub- By Mr. REID, from the Committee on Ap- lic Works. States and decrease America’s depend- ency on foreign oil sources to 50% by propriations: f Report to accompany S. 1171, An original the year 2011 by enhancing the use of bill making appropriations for energy and SUBMISSION OF CONCURRENT AND renewable energy resources conserving water development for the fiscal year ending SENATE RESOLUTIONS energy resources, improving energy ef- September 30, 2002, and for other purposes ficiencies, and increasing domestic en- (Rept. No. 107–39). The following concurrent resolutions By Mr. BYRD, from the Committee on Ap- and Senate resolutions were read, and ergy supplies; improve environmental propriations: referred (or acted upon), as indicated: quality by reducing emissions of air Special Report entitled ‘‘Further Revised By Mr. ROCKEFELLER (for himself pollutants and greenhouse gases; miti- Allocation to Subcommittees of Budget To- and Mr. BYRD): gate the effect of increases in energy tals for Fiscal Year 2002.’’ (Rept. No. 107–40). S. Res. 134. A resolution authorizing that prices on the American consumer, in- The following reports of committees the Senate office of Senator John D. Rocke- cluding the poor and the elderly; and were submitted on July 16, 2001: feller IV be used to collect donations of for other purposes. By Mr. BIDEN, from the Committee on clothing from July 13, 2001, until July 20, S. 389 Foreign Relations, with an amendment in 2001, from concerned Members of Congress the nature of a substitute: and staff to assist the West Virginia families At the request of Mr. MURKOWSKI, the S. 180: A bill to facilitate famine relief ef- suffering from the recent disaster of flooding names of the Senator from Virginia forts and a comprehensive solution to the and storms; considered and agreed to. (Mr. ALLEN), the Senator from Mis- war in Sudan. sissippi (Mr. COCHRAN), and the Senator S. 494: A bill to provide for a transition to f from North Carolina (Mr. HELMS) were democracy and to promote economic recov- ADDITIONAL COSPONSORS, ery in Zimbabwe. added as cosponsors of S. 389, a bill to S. 29 f protect the energy and security of the At the request of Mr. BOND, the name United States and decrease America’s INTRODUCTION OF BILLS AND of the Senator from Utah (Mr. BEN- dependency on foreign oil sources to JOINT RESOLUTIONS NETT) was added as a cosponsor of S. 29, 50% by the year 2011 by enhancing the The following bills and joint resolu- a bill to amend the Internal Revenue use of renewable energy resources con- tions were introduced, read the first Code of 1986 to allow a deduction for 100 serving energy resources, improving

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