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, FEBRUARY 27, 2002 No. 18 House of Representatives The House met at 10 a.m. Mr. LAHOOD. Mr. Speaker, I object then took his scholarly talents and Father Joseph F. Sica, Our Lady of to the vote on the ground that a spiritual determination and continued the Snows Catholic Church, Clarks quorum is not present and make the his education at the Catholic Univer- Summit, Pennsylvania, offered the fol- point of order that a quorum is not sity of America and the Theological lowing prayer: present. College. Father, we thank You for today, a The SPEAKER. Evidently a quorum There he wrote his book, ‘‘God So new beginning filled with unlimited is not present. Loved the World,’’ which is one of the possibilities to make wholesome dif- Pursuant to clause 8, rule XX, fur- foremost works in Carl Rhaner’s ‘‘The- ferences in the lives represented by ther proceedings on this question are ology of Revelation.’’ He also published these men and women of our United postponed. many articles in several journals, and States Congress. The point of no quorum is considered Father Joe’s monthly column, ‘‘Mir- Father, by faith we welcome You withdrawn. acle Growth: A Seed of Inspiration,’’ into our lives and accept the love You f that runs in Catholic newspapers have for us. across the country. Your love elevates us as we rise ANNOUNCEMENT BY THE SPEAKER In every assignment at every parish, above our heartaches, hassles, troubles, The SPEAKER. The Chair will enter- Father Joe Sica has been involved with setbacks, disappointments by turning tain one 1-minute at this point by the the work of his community. He has or- them over to You. gentleman from Pennsylvania (Mr. ganized retreats for parishioners, Your love liberates us to let go of SHERWOOD). helped parents and teachers associa- panic, worry, anxiety, depression, low f tions; and while he was in my home- self-worth, and addictions. town, he was a member of the Rotary Your love motivates a desire inside WELCOME TO FATHER JOE SICA International, and a fine volunteer fire- each of us to find a need and fill it, to OF OUR LADY OF THE SNOWS fighter at the Triton Hose Company. PARISH IN CLARKS SUMMIT, find a hurt and heal it. However, one of his most impressive Father, Your love demonstrates You PENNSYLVANIA accomplishments that I have had the care, understand, and forgive, giving us (Mr. SHERWOOD asked and was pleasure of witnessing was Father Joe’s the strength to carry on, casting aside given permission to address the House creation of the Helping Other People our fears, knowing we can survive. It is for 1 minute and to revise and extend Program in Tunkhannock. This pro- perhaps through love that You give us his remarks.) gram coordinated the efforts of several a glimpse of eternity. Mr. SHERWOOD. Mr. Speaker, it is Hold this great Nation of America in local churches and their parishioners my privilege to welcome as our guest the palm of Your hand as we make this to provide transportation, meals, home chaplain Father Joe Sica of Our Lady prayer today in Your holy name. repairs, house cleaning, and many of the Snows Parish in Clarks Summit, Amen. other services to those in need. Pennsylvania. Father Joe was given the Sam Wal- f I would also like to take this oppor- ton Award, and the Tunkhannock THE JOURNAL tunity to thank Father Joe for this Chamber of Commerce gave him a cer- The SPEAKER. The Chair has exam- wonderful invocation. I have known tificate of excellence for his effort. ined the Journal of the last day’s pro- Father Joe for a long time. He is a In October of 2000, the Columbus Day ceedings and announces to the House good man, a great friend, and a wonder- Association of Lackawanna County his approval thereof. ful priest. named Father Joe their Man of the Pursuant to clause 1, rule I, the Jour- Father Joe Sica grew up in Dunmore, Year. They commended him for taking nal stands approved. Pennsylvania, and began his service to risks, for being able to dream, and to Mr. LAHOOD. Mr. Speaker, pursuant the church at a very young age. As a work and make those dreams come to clause 1, rule I, I demand a vote on child, he donated much of his time to true. agreeing to the Speaker’s approval of St. Rocco’s Church, and it was there he I can say without hesitation that Fa- the Journal. began to realize his dream of becoming ther Joe Sica is not just the Man of the The SPEAKER. The question is on a priest. Year, but a man of the people whose the Speaker’s approval of the Journal. After high school he entered the Uni- good deeds and inspiration never cease. The question was taken; and the versity of Pennsylvania and Saint Pius Mr. Speaker, I again would like to Speaker announced that the ayes ap- X Seminary, where he earned his de- thank Father Joe Sica for being here peared to have it. gree in philosophy and theology. He today. His presence and his blessing on

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

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VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.000 pfrm04 PsN: H27PT1 H564 CONGRESSIONAL RECORD — HOUSE February 27, 2002 this House mean so much to me and Dunn King (NY) Rehberg Menendez Ramstad Taylor (MS) Edwards Kingston Reyes Miller, George Sabo Thompson (CA) the people I represent. Ehlers Kirk Reynolds Moore Schaffer Thompson (MS) f Emerson Kleczka Riley Moran (KS) Schakowsky Udall (CO) Engel Knollenberg Rivers Oberstar Shadegg Udall (NM) PLEDGE OF ALLEGIANCE Eshoo Kolbe Rodriguez Pallone Stark Visclosky Etheridge LaHood Roemer Peterson (MN) Strickland Weller The SPEAKER. Will the gentleman Evans Lampson Rogers (KY) Platts Stupak Wicker from Texas (Mr. LAMPSON) come for- Everett Langevin Rogers (MI) Farr Lantos Rohrabacher ANSWERED ‘‘PRESENT’’—1 ward and lead the House in the Pledge Fattah Larson (CT) Ros-Lehtinen Tancredo of Allegiance. Ferguson LaTourette Ross Mr. LAMPSON led the Pledge of Alle- Flake Leach Rothman NOT VOTING—29 giance as follows: Fletcher Lee Roybal-Allard Baldacci Gilman Norwood Foley Levin Royce Blagojevich Hayes Oxley I pledge allegiance to the Flag of the Forbes Lewis (CA) Rush Boucher Jenkins Roukema United States of America, and to the Repub- Ford Lewis (GA) Ryan (WI) Burr Kilpatrick Thomas lic for which it stands, one nation under God, Fossella Lewis (KY) Ryun (KS) Clay LaFalce Traficant indivisible, with liberty and justice for all. Frank Linder Sanchez Collins McCrery Waters Frelinghuysen Lipinski Sanders Coyne McKinney Weldon (PA) f Frost Lofgren Sandlin Cubin Meek (FL) Wolf Gallegly Lowey Sawyer Deal Mink Young (AK) MESSAGE FROM THE SENATE Ganske Lucas (KY) Saxton Ehrlich Myrick Gekas Lucas (OK) Schiff A message from the Senate by Mr. Gephardt Luther Schrock b 1032 Monahan, one of its clerks, announced Gibbons Lynch Scott So the Journal was approved. that the Senate has passed a bill of the Gilchrest Maloney (CT) Sensenbrenner Gillmor Maloney (NY) Serrano The result of the vote was announced following title in which the concur- Gonzalez Manzullo Sessions as above recorded. rence of the House is requested. Goode Mascara Shaw f S. 1857. An act to encourage the negotiated Goodlatte Matheson Shays Gordon Matsui Sherman settlement of tribal claims. Goss McCarthy (MO) Sherwood COMMUNICATION FROM THE f Graham McCarthy (NY) Shimkus CLERK OF THE HOUSE Shows Granger McCollum The SPEAKER laid before the House THE JOURNAL Graves McGovern Shuster Green (TX) McHugh Simmons the following communication from the The SPEAKER. Pursuant to clause 8 Green (WI) McInnis Simpson Clerk of the House of Representatives: of rule XX, the pending business is the Greenwood McIntyre Skeen Grucci McKeon Skelton OFFICE OF THE CLERK, question of agreeing to the Speaker’s Gutierrez McNulty Slaughter HOUSE OF REPRESENTATIVES, approval of the Journal of the last Hall (OH) Meehan Smith (MI) Washington, DC, January 18, 2002. day’s proceedings. Hall (TX) Meeks (NY) Smith (NJ) Hon. J. DENNIS HASTERT, The question is on the Speaker’s ap- Hansen Mica Smith (TX) The Speaker, House of Representatives, Harman Millender- Smith (WA) Washington, DC. proval of the Journal. Hart McDonald Snyder DEAR MR. SPEAKER: I have the honor to The question was taken; and the Hastings (WA) Miller, Dan Solis transmit herewith the Certificate of Election Speaker announced that the ayes ap- Hayworth Miller, Gary Souder Herger Miller, Jeff Spratt received from the Honorable Mike Hunter, peared to have it. Hill Mollohan Stearns Secretary of State, State of Oklahoma, indi- Mr. SCHROCK. Mr. Speaker, I object Hilleary Moran (VA) Stenholm cating that, on January 8, 2002, the Honor- to the vote on the ground that a Hinojosa Morella Stump able John Sullivan was duly chosen by the quorum is not present and make the Hobson Murtha Sununu qualified electors to the Office of Represent- Hoeffel Nadler Sweeney ative in Congress, First Congressional Dis- point of order that a quorum is not Hoekstra Napolitano Tanner present. Holden Neal Tauscher trict, State of Oklahoma, to fill the vacancy The SPEAKER. Evidently a quorum Honda Nethercutt Tauzin in the representation from said State in the Hooley Ney Taylor (NC) United States House of Representatives. is not present. Horn Northup Terry With best wishes, I am The Sergeant at Arms will notify ab- Hostettler Nussle Thornberry Sincerely, sent Members. Houghton Obey Thune JEFF TRANDAHL, The vote was taken by electronic de- Hoyer Olver Thurman Clerk. Hulshof Ortiz Tiahrt vice, and there were—yeas 355, nays 48, Hunter Osborne Tiberi f answered ‘‘present’’ 1, not voting 29, as Hyde Ose Tierney SWEARING IN OF THE HONORABLE follows: Inslee Otter Toomey Isakson Owens Towns JOHN SULLIVAN, OF OKLAHOMA, [Roll No. 41] Israel Pascrell Turner AS A MEMBER OF THE HOUSE YEAS—355 Issa Pastor Upton Istook Paul Velazquez The SPEAKER. Will the Representa- Abercrombie Bonior Condit Jackson (IL) Payne Vitter tive-elect from Oklahoma (Mr. SUL- Ackerman Bono Conyers Jackson-Lee Pelosi Walden Akin Boozman Cooksey (TX) Pence Walsh LIVAN) and the members of the Okla- Allen Boswell Cox Jefferson Peterson (PA) Wamp homa delegation present themselves in Andrews Boyd Cramer John Petri Watkins (OK) Armey Brady (TX) Crenshaw the well. Johnson (CT) Phelps Watson (CA) The Representative-elect will please Baca Brown (FL) Crowley Johnson (IL) Pickering Watt (NC) Bachus Brown (OH) Culberson Johnson, E. B. Pitts Watts (OK) raise his right hand. Baker Brown (SC) Cummings Johnson, Sam Pombo Waxman Mr. SULLIVAN appeared at the bar Baldwin Bryant Cunningham Jones (NC) Pomeroy Weiner of the House and took the oath of of- Ballenger Burton Davis (CA) Jones (OH) Portman Weldon (FL) Barcia Buyer Davis (FL) Kanjorski Price (NC) Wexler fice, as follows: Barr Callahan Davis (IL) Kaptur Pryce (OH) Whitfield Do you solemnly swear that you will Barrett Calvert Davis, Jo Ann Keller Putnam Wilson (NM) Bartlett Camp Davis, Tom support and defend the Constitution of Kelly Quinn Wilson (SC) the United States against all enemies, Barton Cannon DeGette Kennedy (RI) Radanovich Woolsey Bass Cantor Delahunt Kerns Rahall Wu foreign and domestic; that you will Bentsen Capito DeLauro Kildee Rangel Wynn bear true faith and allegiance to the Bereuter Capps DeLay Kind (WI) Regula Young (FL) Berkley Cardin DeMint same; that you take this obligation Berman Carson (IN) Deutsch NAYS—48 freely, without any mental reservation Berry Carson (OK) Diaz-Balart or purpose of evasion; and that you will Biggert Castle Dicks Aderholt DeFazio Holt Bilirakis Chabot Dingell Baird English Kennedy (MN) well and faithfully discharge the duties Bishop Chambliss Doggett Becerra Filner Kucinich of the office on which you are about to Blumenauer Clayton Dooley Borski Gutknecht Larsen (WA) enter. So help you God. Blunt Clement Doolittle Brady (PA) Hastings (FL) Latham The SPEAKER. Congratulations. You Boehlert Clyburn Doyle Capuano Hefley LoBiondo Boehner Coble Dreier Costello Hilliard Markey are now a Member of the 107th Con- Bonilla Combest Duncan Crane Hinchey McDermott gress.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.002 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H565 INTRODUCTION OF JOHN SUL- who have accompanied me from Okla- Ms. SANCHEZ. Mr. Speaker, today I LIVAN, NEW MEMBER FROM homa to show their support today. rise to honor the accomplishments and OKLAHOMA I have a great neighborhood, too, one contributions of black Americans to (Mr. WATKINS of Oklahoma asked of the old-fashioned neighborhoods. I this Nation. February is Black History Month. and was given permission to address have got a lot of my neighbors that Established in 1926 by Carter G. Wood- the House for 1 minute and to revise have come, and it is great. Our kids run and play together and go in each son, Black History Month raises aware- and extend his remarks.) ness of the history of black Americans Mr. WATKINS of Oklahoma. Mr. other’s houses, and they came as well. I am also pleased to be joined by in our schools and across our Nation. Speaker, this may sound very unusual, As a child, Mr. Woodson had to earn but as a dean of the Oklahoma delega- Oklahoma’s two extraordinary Sen- ators, JIM INHOFE, who as a Member of money for his family, and so he was tion but the newest member of the Re- not able to start school until very late publican Party, it gives me great privi- this body ably represented the first dis- trict of Oklahoma; and DON NICKLES, in life. His motto of ‘‘it is never too lege on behalf of our entire Oklahoma late to learn’’ is something that all of delegation, including our two Senators the assistant Republican leader of the Senate. us can use every day in our learning who have come over and joined us, and and growing, especially when it comes other members of our delegation to I would also like to take a moment to thank former Congressman Steve to the history of this Nation. present to you the newest Member, of February is also a significant month Largent, who recently departed Con- not only the Oklahoma delegation, but for the birthdays of great African gress to run for Governor of Oklahoma. of the 107th Congress, an outstanding Americans, pioneers in many ways to young man who, when he announced I wish him the best in his new endeav- our Nation. These include the birth- that he was going to run, the political or. days of Frederick Douglass, W.E.B. pundits gave him very little chance be- Mr. Speaker, I am truly humbled to DuBois, Langston Hughes, Eubie cause he was outfunded and more pop- become a Member of this honorable Blake, the NAACP, and the first Pan ular names were in the race. body. This day has been a lifelong African Congress. dream of mine, and I pledge today to JOHN SULLIVAN is a fourth-generation During Black History Month, we Oklahoman, and he is also the oldest of continue to fight for the constituents should take the time to continue learn- four children; and speaking of family, I of the first district of Oklahoma, for ing about the contributions, the strug- would like to introduce you to his wife, Oklahoma values. I look forward to the gles and the perseverance of African Judy, a tremendous asset. Also, I think great friendships that will be formed in Americans here in our Nation. Our he has his three children here, Mere- these hallowed halls and to working to- country would not be as culturally di- dith and Sydney up there and Tommy gether in advancing the prosperity and verse without their contributions. right here to my left. Let us give him promise of this great Nation. f I would like to say a special thanks a big hand. to my father who got me started in pol- HONORING LUKE ROTH JOHN has had a successful career in itics, and I know he is looking down on (Mr. GANSKE asked and was given two industries, transportation and also me and he is happy that his son got permission to address the House for 1 energy. So I imagine he will be asking elected to the Congress. minute and to revise and extend his re- for some very apropos type committee f marks.) assignments. He was inspired to run for Mr. GANSKE. Mr. Speaker, Luke Representative to try to do something CELEBRATING HADASSAH’S 90TH Roth, born December 9, 1953, died of more to build a future, yes, for Oklaho- ANNIVERSARY cancer yesterday. A proud graduate of mans, yes, for the future of our chil- (Ms. ROS-LEHTINEN asked and was Princeton, a devoted husband to Katie, dren and grandchildren. given permission to address the House a loving father to Luke, Anne, and Some of the proudest moments of his for 1 minute and to revise and extend Clare. accomplishments in the State House her remarks.) Luke was my district director for 6 where he served and was Republican Ms. ROS-LEHTINEN. Mr. Speaker, in years and then was President Bush’s whip was the creation of Oklahoma 1912 Henrietta Szold founded what is State campaign director. Luke loved State University at Tulsa and the larg- now the largest women’s and the larg- politics. He even met Katie on the cam- est income tax cut in the history of est Jewish membership organization in paign trail. Oklahoma, parent notification law. the United States, Hadassah, the Wom- He was a big man, he wore a size 13 Those are just a few of the accomplish- en’s Zionist Organization of America. EEE shoe, and I never met a man with ment he did in his short tenure there. This year marks its 90th anniversary, a bigger heart. Luke believed passion- So I ask my colleagues to join me celebrating continuous efforts of more ately in American democracy. He was a today in welcoming the newest Member than 400,000 Hadassah members in Flor- student of history. He would think and I think one of the hardest-working ida alone. there is no higher tribute than if I sim- young men I have met and one I think Some of the outstanding women of ply said Luke Roth, servus publicus, you will all be very proud of, JOHN SUL- Hadassah in my own south Florida con- civis: public servant, citizen. All who knew this loving bear of a LIVAN, first district of Oklahoma. gressional district are Alecia Sachs, man are mourning his passing. Our f the regional president; Mildred grief is tempered only by our belief Riesenberg, the 90th anniversary Chair; EXPRESSING THANKS that if there was ever anyone who mer- Phyllis Goldman, the major gifts fund- (Mr. SULLIVAN asked and was given ited heaven, it is Luke. raising coordinator; Mindy Tucker Luke has left big shoes for us to fill. permission to address the House for 1 Olofson, membership coordinator; and May he rest in peace. minute.) Pam Brown, Woman of the Year Chair. Mr. SULLIVAN. Mr. Speaker, I am so Mr. Speaker, please join me in hon- f honored to be here today. I would like oring the spirit of volunteerism and GERMAN EMBASSY LETTER to thank the Members for their warm community service that thousands of REGARDING ABDUCTED CHILDREN welcome they have extended to me. Hadassah members perform each and (Mr. LAMPSON asked and was given I wish to take a moment to acknowl- every day. Congratulations to each Ha- permission to address the House for 1 edge my family, my wife, Judy; my dassah member in the Nation. minute.) son, Tommy; and daughters, Meredith f Mr. LAMPSON. Mr. Speaker, today I and Sydney; my mother, Mag Sullivan; will stray from the story of Ludwig HONORING THE ACCOMPLISH- and mother- and father-in-law, Mary Koons to respond to a letter from the Ann and Tom Beck; also, my mentor, MENTS AND CONTRIBUTIONS OF German embassy that was published in Mayor of Tulsa, Bob LaFortune, who is BLACK AMERICANS the Washington Post. here, former Mayor of Tulsa; and Art (Ms. SANCHEZ asked and was given I am delighted to hear the German Rubin, who is up there as well; and all permission to address the House for 1 government agrees that abducted chil- of the wonderful friends and family minute.) dren deserve swift and fair decisions

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.006 pfrm04 PsN: H27PT1 H566 CONGRESSIONAL RECORD — HOUSE February 27, 2002 and it is committed to ensure that this our respect for our military personnel tempt to bilk the elderly out of their happens. For most parents who have and of our appreciation for what our hard-earned money. From 1997 to 2000, been separated from their children for veterans have done for us, but often- this group raked in over $46 million. years, this will certainly be an enor- times our words are inconsistent with Because of these tactics, today I am mous relief. our behavior. introducing the Senior Protection Act, I completely agree that abducted Many in this Chamber do not realize which would revoke TREA’s Federal children deserve more than rhetoric, that just a few weeks ago we increased charter, a distinction given to groups which is what most left-behind parents the copayment for prescription drugs with a patriotic, charitable, or edu- have had to contend with. Hopefully, that veterans must pay for these need- cational mandate. Their deceptive tac- the German authorities will keep their ed medications from $2 to $7 a prescrip- tics reflect none of these characteris- word and take some positive action to tion. Many veterans receive over 10 tics. ensure that left-behind parents gain ac- prescriptions a month. Ten times $7 is Congress can no longer turn a blind cess to their children. $70 a month. Many get a 3-month sup- eye to TREA’s fund-raising schemes Nobody implies that courts in the ply at one time. That is a cost of $210. which exploit our seniors. Mr. Speaker, United States are perfect, but this does I have introduced H.R. 2820, which I would ask my colleagues to join me not absolve the German authorities of will return the copay from $7 back to and cosponsor this necessary legisla- their responsibilities to allow non-Ger- $2 and will freeze it at that level for 5 tion. man parents to see their children. As years. This is the least we can do for f the German embassy rightly pointed those who have served our country so IMPORTANCE OF MARRIAGE out, Germany is not the only country nobly. that has a poor record in returning ab- f (Mr. RYUN of Kansas asked and was ducted or illegally retained children to given permission to address the House MARRIAGE: A WOMAN’S SAFETY their country of origin. for 1 minute and to revise and extend ISSUE Most left-behind parents are left his remarks.) without any enforceable access rights. (Mr. PITTS asked and was given per- Mr. RYUN of Kansas. Mr. Speaker, I This cannot be allowed to continue. We mission to address the House for 1 rise today to affirm the importance of must bring Ludwig Koons and all of minute and to revise and extend his re- strong marriages in America. A strong our children home. marks.) marriage is the foundation for a strong Mr. PITTS. Mr. Speaker, preserving family. Strong families, in turn, are f and strengthening marriage in America fundamental to the pursuit of stronger WELFARE REFORM PRINCIPLES is not just a values issue, it is a safety communities and a stronger Nation. (Mr. PENCE asked and was given per- issue, especially for women. According There are numerous studies and sta- mission to address the House for 1 to Federal statistics, women are much tistics that document how critical it is minute.) more likely to be victims of domestic for children to have a mother and a fa- Mr. PENCE. Mr. Speaker, yesterday abuse if they are not married. ther dedicated to each other. If we the President of the United States out- In fact, domestic partner or spouse genuinely desire to do what is right for lined the principles for the reauthoriza- abuse against women is almost three our children, we must work to ensure tion of welfare in America. times as high among cohabiting cou- that every child has the guidance that Many years ago, Ronald Reagan ples as it is among all married, di- a strong marriage provides. spoke of the purpose of welfare, saying, vorced, and separated couples com- As convincing as the statistics are, I it is not simply to provide for the bined. If we simply compare married know these principles to be true based needy but more than that, to salvage couples to couples who just live to- upon my own experience. My wife Anne these, our fellow citizens, to make gether, violence against women is five and I have been married for 33 wonder- them self-sustaining and as quickly as times as high for those who are not ful years. Our four children are living possible independent of welfare. married. examples of what a strong marriage Clearly, women are safest when they can provide. While we are far from per- b 1045 are living in healthy, committed mar- fect, I have seen firsthand the incred- I rise today, Mr. Speaker, to extol riages. To most Americans, this sounds ible results of a strong marriage. my colleagues on both sides of the aisle like common sense, but for the most We must continue to support meas- and the previous administration for en- at-risk women in America, I mean poor ures that encourage and strengthen acting the welfare reform laws of 1996. women, our welfare laws create a this sacred institution. They have been an unqualified success. strong disincentive against marriage. f Half of all welfare recipients got real Mr. Speaker, that needs to change. TRIBUTE TO JOHN STEINBECK jobs since that day and age. I hope that when we reauthorize our Welfare reform has lifted 2.3 million welfare laws later this year that we (Mr. FARR of California asked and children out of poverty; and, since 1996, will address this. America’s families was given permission to address the we have actually reversed a decades- and America’s women deserve no less. House for 1 minute and to revise and old explosion of out-of-wedlock births, f extend his remarks.) recognizing that a marriage is the best Mr. FARR of California. Mr. Speaker, environment for escaping poverty and CONGRESS SHOULD NOT ENDORSE today I rise to address the House re- building strong and healthy and well- DECEPTIVE SENIOR GROUPS garding the centennial of the birth of balanced children. (Mr. KLECZKA asked and was given one of our greatest American writers, Let us stay the course. Let us keep permission to address the House for 1 John Steinbeck. the purpose of welfare, so adequately minute and to revise and extend his re- John Steinbeck brought honor to the described by President Reagan, and marks.) United States as a distinguished writer measure welfare success not by how Mr. KLECZKA. Mr. Speaker, today I and endured criticism and suspicion for many people arrive on welfare but by am introducing a bill in response to the his progressive ideas and the themes of how many people leave it. deceptive tactics of a group that preys his novels, short stories, and essays. f on our senior citizens. The Retired En- His work reflects deeply the compas- listed Association’s Senior Citizen sionate view of America and Ameri- VETERANS COPAY FOR League, or TREA, as it is called, has cans. PRESCRIPTIONS repeatedly targeted seniors with decep- John Steinbeck promoted a greater (Mr. STRICKLAND asked and was tive ‘‘Notch’’ mailings in an attempt to understanding of the lives of people given permission to address the House extort millions of dollars from these who experienced difficult economic for 1 minute and to revise and extend seniors. times, war, the fulfillment of scientific his remarks.) This is a scam. TREA is telling sen- study, the value of hard labor, the dif- Mr. STRICKLAND. Mr. Speaker, we iors that they are working to correct a ficulties and joys of the bonds within oftentimes speak glowingly in here of problem that does not exist in an at- families and between friends.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.008 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H567 People from around the world are at- minute and to revise and extend his re- FULFILL COMMITMENT MADE TO tracted to the central coast of Cali- marks.) FUND UNPFA fornia to visit the rich fields of the Sa- Mr. BACA. Mr. Speaker, I rise today (Mr. CROWLEY asked and was given linas Valley and the bountiful Mon- to pay tribute to one of America’s permission to address the House for 1 terey Bay described in Steinbeck’s Olympic heroes, skater Derek Parra. minute and to revise and extend his re- books. Derek is from my district. He went to marks.) I believe the life and work of John school with my son, Joe Baca, Jr., and Mr. CROWLEY. Mr. Speaker, last Steinbeck deserves congressional rec- I attended church with Derek’s father, year Congress and the President agreed ognition. I encourage my colleagues to Gilbert Parra, at Saint Catherine’s in to fund UNPFA, the United Nations support the bill I am introducing today Rialto. His dad and I play golf to- Population Fund, at $34 million. Now to offer our appreciation and deep re- gether, and we used to play softball on the administration has said they will spect for the writings of a great Amer- the same team. not spend the funds appropriated by ican, John Steinbeck. Derek unexpectedly broke the world Congress in accordance with the bipar- f record in the 5,000 meter speed skating tisan deal that was made. They say OFFER OF PRAYERS FOR MARTIN race and won the silver medal. Derek that UNPFA performs abortions and AND GRACIA BURNHAM AND OUR later broke another world record in the points to their work in China. MILITARY PERSONNEL WHO ARE 1,500 meter speed skating race. This What opponents do not say is that CASUALTIES IN GLOBAL WAR ON record held, and Derek won the gold UNPFA does not perform abortions, TERRORISM medal. not in China, not in Africa, and not in Derek’s road to the Olympics has not Latin America. They never have, and (Mr. TIAHRT asked and was given been easy. He and his wife Tiffany have permission to address the House for 1 they never will. struggled to make ends meet raising minute and to revise and extend his re- My colleagues know U.S. law pre- their baby girl, Mia Elizabeth, while marks.) vents them from doing so. Secretary Mr. TIAHRT. Mr. Speaker, today Derek trained for the Olympics. Colin Powell and U.N. Ambassador marks the 277th day that Martin and As the first Mexican-American ever John Negroponte know this as well. Gracia Burnham have been held cap- to win a medal in the winter Olympics, President Bush knows this. That is tive by Muslim terrorists in the Phil- Derek expanded the dreams of millions why in his first budget in Congress he ippines. of children. In a world that often tells asked for $25 million and most re- Last Thursday, 10 American service- our children, ‘‘no, you can’t,’’ Derek cently, last fall, approved US money men lost their lives in a helicopter Parra has shown that ‘‘si, se puede,’’ for UNPFA for Afghan refugee women’s crash while conducting a bilateral yes, you can compete. Through faith, health care. training exercise with the Philippine determination, and hard work, Derek Our country disagrees with the fam- Defense Forces. broke down barriers to become a bea- ily planning policies of the Chinese From the Army’s E company, 160th con of hope for our children and chil- Government. We all want change, and Special Operations Aviation Regiment, dren everywhere. Derek is truly a role change will come through groups like Airborne, we mourn Major Curtis D. model for others to follow. UNPFA and USAID, who work to en- Feistner, Captain Bartt D. Owens, Derek made history and opened the courage voluntary family planning to Chief Warrant Officer 2 Jody L. Egnor, world of possibility for Hispanic Amer- control a surging population. Staff Sergeant James P. Dorrity, Staff icans. His dream said, ‘‘dream big and But let us not tie up $34 million in Sergeant Kerry W. Frith, Staff Ser- don’t be afraid.’’ We are proud of you, funding that will save women’s lives geant Bruce A. Rushforth, Jr., Ser- Derek. You are our hero. God bless you. and children’s lives around the world, geant Jeremy D. Foshee, Specialist f to prevent the spread of HIV and AIDS Thomas F. Allison. and to improve child health survival. From the 320th Special Tactics IMPORTANCE OF MARRIAGE President Bush said that we fight the Squadron, we mourn Master Sergeant INITIATIVES IN WELFARE REFORM Taliban to give hope to women in Af- William L. McDaniel, II and Staff Ser- (Mr. STEARNS asked and was given ghanistan. Let us fulfill the commit- geant Juan M. Ridout. permission to address the House for 1 ment of Congress to give hope to all I am extremely grateful for their women around the world. service to our Nation. I send heartfelt minute and to revise and extend his re- prayers to their families, friends, and marks.) f Mr. STEARNS. Mr. Speaker, between fellow soldiers for their loss. Their IM MEMORY OF DANIEL PEARL honor, courage, selflessness, and patri- 1970 and the year 2000, the number of otism cannot be overstated. children living in a single-parent home (Ms. CARSON of Indiana asked and These fine men were casualties in our has jumped from 8.2 million to 19.2 mil- was given permission to address the global war on terrorism. The U.S. mili- lion. That is almost a 150 percent in- House for 1 minute and to revise and tary’s presence in the Philippines is as- crease. extend her remarks.) sisting the Philippine government in The effect of that change had a dev- Ms. CARSON of Indiana. Mr. Speak- their own national war on terrorism astating consequence. Children living er, I rise today in great sorrow and with the Abu Sayyaf. It is hoped that with a single mother are six times with much horror about the vicious the Army’s presence there may addi- more likely to live in poverty than killing of Wall Street Journal reporter, tionally help in the freedom of Martin children living in a complete family. Daniel Pearl, in Pakistan. and Gracia Burnham from their night- The median income of a single mother A gentleman and a premier jour- mare. with kids is about $21,000. For a mar- nalist, he enriched the lives of many, I ask my colleagues to join me in ried couple with kids, it is about including people in my own hometown praying for these men and their fami- $63,000. Almost a third of single-parent of Indianapolis during the summer of lies. Let us continue to make our Na- families with kids live in poverty. Only 1985, where he worked as an intern for tion a shining beacon of freedom so 6 percent of families headed by married the Indianapolis Star. their deaths were not in vain. Also, let couples live in poverty. It was in Indianapolis that Mr. Pearl us pray for Martin and Gracia, that Mr. Speaker, it does not take a nu- launched his career in journalism and they are safely released, so the clear scientist to figure out that mar- discovered his passion for reporting. As Burnham family does not suffer the riage is good for kids. But that is say- a reporter, he always knew his job same heartache as these servicemen’s ing the cup is half full when it is really could sometimes put his life in jeop- families. half empty. It is clear not being mar- ardy, but as the Indianapolis Star f ried is devastating to our children. wrote so eloquently, David’s death in Our welfare laws still penalize poor the line of duty brings home the lesson TRIBUTE TO DEREK PARRA couples from getting married. Congress taught by the Ernie Pyles of our his- (Mr. BACA asked and was given per- needs to change this and change it for tory, that journalism, when taken to mission to address the House for 1 good. the heart of human conflict, can be the

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.011 pfrm04 PsN: H27PT1 H568 CONGRESSIONAL RECORD — HOUSE February 27, 2002 most honorable of vocations and Mr. LINDER. Mr. Speaker, for the telecommunications measure was to among the most dangerous. purpose of debate only, I yield the cus- take a balanced approach. The pain of his untimely death tran- tomary 30 minutes to the gentleman I am somewhat dismayed with the scends our borders. He will be missed from Texas (Mr. FROST), pending which current form of H.R. 1542, as I fear that by caring people universally. My heart- I yield myself such time as I may con- it moves the telecommunications mar- felt sorrow and prayers go to his child sume. During consideration of this res- ket away from the progress we have yet to be born, his wife, his family and olution, all time yielded is for the pur- started to make under the 1996 act, and his friends, and certainly all of us who pose of debate only. puts us instead on a road towards knew him. Mr. Speaker, House Resolution 350 is large, unregulated monopolies domi- nating the telecommunications indus- f a structured rule providing for the con- sideration of H.R. 1542, the Internet try. b 1100 Freedom and Broadband Deployment This rule provides for two different INTERNET FREEDOM AND Act of 2001. amendments to section 4 of the bill, BROADBAND DEPLOYMENT ACT H. Res. 350 provides for 1 hour and 20 which has been at the center of the de- OF 2001 minutes of general debate, with 1 hour bate on this proposal from the begin- of that time equally divided and con- ning. Mr. LINDER. Mr. Speaker, by direc- trolled by the chairman and ranking With respect to the upcoming debate tion of the Committee on Rules, I call minority member of the Committee on regarding the Buyer-Towns and Can- up House Resolution 350 and ask for its Energy and Commerce, and 20 minutes non-Conyers amendments, I will sup- immediate consideration. equally divided and controlled by the port the Cannon-Conyers proposal, The Clerk read the resolution, as fol- chairman and ranking minority mem- which seeks to address some of the lows: ber of the Committee on the Judiciary. telecommunications industry’s con- H. RES. 350 H. Res. 350 waives all points of order cerns with the current version of the Resolved, That at any time after the adop- against consideration of the bill. It Tauzin-Dingell bill, and in doing so will tion of this resolution the Speaker may, pur- provides that the amendment in the bring some sense of balance, in my suant to clause 2(b) of rule XVIII, declare the nature of a substitute printed in part A judgment, to this proposal. In closing, House resolved into the Committee of the of the report of the Committee on I am going to vote for this rule. Whole House on the state of the Union for Mr. Speaker, I reserve the balance of Rules accompanying the resolution consideration of the bill (H.R. 1542) to de- my time. shall be considered as adopted in the regulate the Internet and high speed data Mr. FROST. Mr. Speaker, I yield my- services, and for other purposes. The first House and in the Committee of the self such time as I may consume. reading of the bill shall be dispensed with. Whole. Mr. Speaker, I rise today to support All points of order against consideration of H. Res. 350 provides that the bill, as this rule, and to support the under- the bill are waived. General debate shall be amended, shall be considered as the confined to the bill and the amendments lying bill because it will help close the original bill for the purpose of further digital divide and increase people’s ac- made in order by this resolution and shall amendment and shall be considered as not exceed one hour and 20 minutes, with one cess to high-speed Internet service. hour equally divided and controlled by the read. It also provides that no further I want to take a moment to put this chairman and ranking minority member of amendment to the bill, as amended, issue in perspective. I may be dating the Committee on Energy and Commerce and shall be in order except those amend- myself a little, but the transition to 20 minutes equally divided and controlled by ments printed in part B of the report of broadband today reminds me of the the chairman and ranking minority member the Committee on Rules. transition to color television more of the Committee on the Judiciary. After H. Res. 350 provides that the amend- than 40 years ago. When I was growing general debate the bill shall be considered ments printed in part B of the report up in Fort Worth, just one family in for amendment under the five-minute rule. may be offered only in the order print- In lieu of the amendments recommended by my neighborhood had a color tele- the Committee on Energy and Commerce and ed in the report, may be offered only by vision. Everyone else had black and the Committee on the Judiciary now printed a Member designated in the report, white sets. So when we wanted to in the bill, the amendment in the nature of shall be considered as read, shall be de- watch football games in color, all of a substitute printed in part A of the report of batable for the time specified in the re- the neighborhood kids would pack into the Committee on Rules accompanying this port equally divided and controlled by that one lucky family’s house. resolution shall be considered as adopted in a proponent and an opponent, shall not Mr. Speaker, that is the current situ- the House and in the Committee on the be subject to amendment except as ation with broadband. Today, many Whole. The bill, as amended, shall be consid- specified in the report, and shall not be ered as the original bill for the purpose of homes and businesses in communities further amendment and shall be considered subject to a demand for division in the across the country have no more access as read. No further amendment to the bill, as House or in the Committee of the to high-speed Internet service than amended, shall be in order except those Whole. they did 3 years ago when this bipar- printed in part B of the report of the Com- H. Res. 350 waives all points of order tisan bill was first being debated in mittee on Rules. Each further amendment against amendments printed in part B Congress. So needless to say, I am very may be offered only in the order printed in of the report and provides one motion pleased that the House will finally vote the report, may be offered only by a Member to recommit, with or without instruc- on H.R. 1542, the Tauzin-Dingell designated in the report, shall be considered tions. broadband bill today. as read, shall be debatable for the time speci- Mr. Speaker, I urge the House to ap- fied in the report equally divided and con- Mr. Speaker, I support this legisla- trolled by the proponent and an opponent, prove this resolution so that we can tion because it will expand access to shall not be subject to amendment except as move on to a vigorous debate on the high-speed Internet connections and in- specified in the report, and shall not be sub- underlying bill, the Tauzin-Dingell crease competition for broadband serv- ject to a demand for division of the question broadband measure. ices. Our current telecommunications in the House or in the Committee of the When the House of Representatives law was passed only 5 years ago, but it Whole. All points of order against such fur- was writing the 1996 Telecommuni- is already outdated for the rapidly- ther amendments are waived. At the conclu- cations Act a number of years ago, I evolving Internet markets. sion of consideration of the bill for amend- played a role in helping to restore a Tauzin-Dingell will permit Bell oper- ment the Committee shall rise and report sense of balance to that bill with re- the bill, as amended, to the House with such ating companies to operate high-speed further amendments as may have been spect to its treatment of the various data networks, the backbone of the adopted. The previous question shall be con- segments of the telecommunications Internet, throughout the country. It sidered as ordered on the bill and amend- industry as it moved from the Sub- will also require those companies to ments thereto to final passage without inter- committee on Telecommunications and upgrade all of their systems, in every vening motion except one motion to recom- the Internet to the full Committee on community, for high-speed Internet mit with or without instructions. Commerce, to the floor, on to the other within 5 years. The SPEAKER pro tempore (Mr. body, and eventually into public law. I Under current law, different rules for LAHOOD). The gentleman from Georgia did so because I believed key to enact- different broadband platforms have sti- (Mr. LINDER) is recognized for 1 hour. ing such a monumental, deregulatory fled innovation and saddled consumers

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.013 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H569 with higher prices and fewer choices. bill, but I want to describe the full and crats who might regulate it to death Companies that offer high-speed Inter- complete name of the bill. The bill is the way they almost did the telephone net access over cable lines or satellites correctly entitled the Internet Free- industry. This is a bill about pro- are allowed to compete free from regu- dom and Broadband Deployment Act of tecting the Internet and its freedom, lation. But local phone companies that 2001. developing its capabilities for our provide DSL service, which also offer Mr. Speaker, why is that important? country, and creating new jobs. I com- high-speed Internet, are regulated like Because that is essentially what the mend the Committee on Rules for fi- an old-fashioned telephone service. bill does. It ensures that the Internet nally bring it to the floor for a vote. This disparity in regulation restricts remains free. Free of what? Free of Mr. FROST. Mr. Speaker, I yield 3 access to high-speed Internet in many government regulation both at the minutes to the gentleman from Michi- parts of the country. Presently, only a State and Federal level and makes sure gan (Mr. BONIOR). fraction of households have access to that the Internet in fact is as free as Mr. BONIOR. Mr. Speaker, I thank broadband services, and rural areas and Americans and people around the world the gentleman for yielding me this inner cities are particularly under- hoped it would be. time. served today. This bipartisan bill will Secondly, it is about broadband de- Mr. Speaker, I rise in strong support help bring broadband to these under- ployment, and I want to associate my- of this bill for the reasons that were served communities by utilizing phone self with the fine description of the just enunciated by the gentleman from lines that already run into nearly gentleman from Texas of how this bill Texas (Mr. FROST) and the gentleman every home. delivers access to citizens in the poor- from Louisiana (Mr. TAUZIN). At a time Mr. Speaker, current law also drives est parts of America who will wait for- when our economy is suffering and up the cost people pay for high-speed ever for broadband services unless we thousands of people are out of work, Internet. Right now 64 percent of those turn lose the creativity of these com- this is just the kind of measure that households that have high-speed Inter- panies. will help spark the new economy and net access use cable modem service. Let me try to put it in lay terms as new growth. Tauzin-Dingell would provide these I would explain to my buddies at a b 1115 consumers with another alternative by hunting camp in Louisiana what lifting the regulations on the major broadband really is. The gentleman Today, fewer than 8 percent of Amer- providers of DSL service. from Texas (Mr. FROST) said it right. icans have access to broadband. In my Let me give a couple of examples of Broadband is a system that delivers home State of Michigan, many small how that affects families and small the Internet. It is about the Internet. businesses are without the high-speed businesses. Many children use the It is not about the old world of tele- Internet service that they need. This Internet to do their homework, and if phone compensation where the govern- bill will help them do their business they cannot get high-speed service, ment separates so Americans have to more efficiently and will help them kids have to spend the entire evening pay more every time you make a dis- prosper. on the computer waiting for the infor- tant call. I might say, also, that our State, the mation they need to complete their Mr. Speaker, it is about the Internet State of Michigan, ranks among the lessons. where distance is irrelevant, where lowest for access to broadband in Mr. Speaker, this bipartisan bill Americans can share data and informa- homes and schools. Outdated govern- could also bring broader benefits to our tion with anyone in the world. It is ment regulations have prevented those economy. Unleashing competition in about a distant irrelevant, incredibly in rural areas, and even in the metro- broadband service will lower prices for important new communication system politan Detroit area, from receiving those using broadband services, and for our country and the world. And high-speed Internet service. Mean- will bring high-speed Internet to con- broadband is not the Internet our dad- while, decreasing investment in the sumers and small businesses without dies drove. It is the new Internet. It is telecommunications industry has put access today, allowing them to be more not the Internet where we had to dial over a quarter of a million people out productive and more likely to invest in up and wait patiently to get some in- of work. The telecom industry has suf- new equipment and technologies. formation. It is a new, high-speed, hot, fered over 10 percent of the layoffs that By passing the Tauzin-Dingell bill ready to go, rich-with-information sys- the Nation has experienced this past today, Mr. Speaker, we are bringing tem that is going to make the Internet year. high-speed Internet a step closer to all the engine that is going to drive the Today we have an opportunity to re- of our constituents. The greatest ben- American economy into the future. verse this downturn in our techno- efit of the Internet is choice. Con- This bill is about jobs. It is about logical sector and provide hope for sumers today can get the news and in- creating 1.2 million new jobs to replace thousands of workers who rely on its formation they want, when they want the 300,000 jobs lost in the tele- growth for a steady paycheck. By cre- it. Tauzin-Dingell will help preserve communications industry. It is the big- ating more vibrant competition be- the free and open nature of the Web by gest consumer bill we will see this Con- tween cable and telephone companies giving consumers greater access to gress because it gives consumers across in the rollout of broadband, it is esti- broadband connections and more America, some of them the first chance mated that this bill could boost our choices in high-speed Internet pro- to get broadband, where we are only 10 economy by as much as $500 billion per viders. percent connected in this country, and year and create over 1 million jobs in Mr. Speaker, some Members have some of them a chance to get a com- the technology sector. Accelerating reservations about the way the Con- petitive system so they can choose be- broadband deployment in Michigan yers amendment is treated under the tween broadband suppliers. Members could boost our State’s economy by rule. They feel Conyers should be enti- know the difference there. Members over hundreds of billions of dollars over tled to a straight up or down vote rath- know what happens with one store in the next 10 years and almost 500,000 er than being subjected to a substitute town: there are high prices, bad prod- jobs. by Buyer and Towns. They will be ucts, bad service, and bad attitudes. I like those numbers. Those numbers given ample time during the debate on When the second store comes to town, mean good jobs and creating and diver- the rule to express their concerns. consumers get better prices, better sifying the economy in the State of Mr. Speaker, I reserve the balance of service, better products and better at- Michigan. my time. titudes. I want to vote for a bill that will pro- Mr. LINDER. Mr. Speaker, I yield 3 Mr. Speaker, this bill is about bring- vide jobs for working people. The Com- minutes to the gentleman from Lou- ing the second store to town, to make munications Workers of America have isiana (Mr. TAUZIN), the sponsor of the sure that the dominant cable highly endorsed this bill, as have the Tauzin-Dingell bill. broadband supplier has a real compet- AFL–CIO, because they know these are Mr. TAUZIN. Mr. Speaker, I suppose itor at home so consumers can make a good jobs and many of them are good everyone in America has heard the choice. It is about making sure that union jobs. I want to give more fami- term Tauzin-Dingell to describe this the Internet is free from the bureau- lies the economic security that they

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.016 pfrm04 PsN: H27PT1 H570 CONGRESSIONAL RECORD — HOUSE February 27, 2002 need, and I want to take action to to squeeze out of the Telecommuni- vote on ours. An elegant gag rule is boost our economic growth to ensure a cations Act of 1996. As my colleagues still a gag rule, and that is exactly better future for the people of Michi- know, that act opened, or was supposed what this is. gan. to, local markets to competition by re- In a way, this rule is sort of a micro- I urge my colleagues, vote for this quiring the four monopolistic, multi- cosm for the larger debate at hand. The rule, vote for this bill, give our econ- billion-dollar Bell operating companies Tauzin-Dingell bill and especially the omy the jump start that it has needed to lease elements of their local tele- Buyer-Towns amendment are designed and put our workers back to work. communications network to competi- to appear to give competitors fair ac- Mr. LINDER. Mr. Speaker, I am tors on a cost-plus-profit basis. Com- cess to monopoly facilities. It is only pleased to yield 2 minutes to the gen- petitors simply would not have had the upon closer examination that one real- tlewoman from New Mexico (Mrs. WIL- ability to compete against the Bells’ izes that they are designed to shut SON). sheer financial power without that, but competitors out. Similarly, this rule is Mrs. WILSON. Mr. Speaker, I have to it never happened. Their infrastructure designed to appear to give pro-competi- reluctantly rise in opposition to this continues to dominate telecommuni- tion Members a chance to offer an rule presented by my leadership. cations today. I have no doubt that amendment, when in truth it does just Chairman TAUZIN and I have a legiti- passage of this legislation could put the opposite. mate difference on policy grounds as to over a hundred small companies out of Supporters of this rule argue that it what the effect of this bill will be. We business. is necessary to do this to avoid a situa- have had it for a long time, and I re- Yesterday, I met with employees of tion where two contradictory amend- spect his views. He has been straight PaeTec Communications in my district ments to section 4 of the bill are adopt- with me about what those views are, of Rochester, New York. The energy, ed. This is simply not true. The two and we have been unable to bridge that the creativity and, most importantly, amendments speak to different issues policy gap. We differ on whether this the competition that these smaller in section 4 and would be complemen- bill will create jobs, whether it will companies provide are all that stand tary if adopted. bring competition, whether it will be between our constituents and the un- So why is such a tortured rule nec- good for rural areas; and this bill is regulated monopolies. Tauzin-Dingell essary? The sponsors of this bill know strongly opposed by 90 percent of the that the vast majority of Members of public utility commissioners, by the would be a lethal blow to scores of this body are uncomfortable with the rural utilities, by the long distance these small telecommunications com- Tauzin-Dingell bill. Few Members un- companies, by the competitive carriers panies who are still scratching to make derstand it completely, but they have a and by the rural telephone companies. inroads into the markets. There is a very important difference Of major concern to me, moreover, is sense that they may be giving away of opinion. Those organizations and the Congress’ willingness to undercut gov- the store to the Bell monopolies. Given people I represent deserve a vote, a ernment bodies from doing their job to a chance, most Members would prob- straight up or down vote, on the impor- protect consumers. Take a look at sec- ably support some effort to preserve tant public policy matters before us. I tion 4(a) of the bill. It says, ‘‘Neither the investments people have made in do not believe that this rule gives it to the Commission, nor any State, shall competitive networks to avoid a com- them. have authority to regulate the rates, plete remonopolization of America’s The rule is very clever, but it is not charges, terms, or conditions for, or telecommunications system. fair. It is not fair to submerge a very entry into the provision of, any high- So, sensing concerns about the sub- important policy issue in a nest of speed data service, Internet access stance, the bill’s supporters have de- amendments to amendments. That is service.’’ cided to rig the process. They have not right. I do not believe this bill will So no one, not you, not me, not local come up with a fig leaf of an amend- bring competition. I do not believe it ratepayers, not State legislatures, not ment that essentially restates Chair- will build rural jobs. I do not believe it Governors, not the FCC, not the DOJ, man Tauzin’s position as of December, will give more choice to the people has any authority to step in and pre- which in turn reflects a proposal put that I represent. vent abuses. forward by a Verizon executive last I had offered in the committee an My colleagues, this is an extraor- fall. They stack that amendment on amendment that I think would make dinary hand-off of power and should top of my amendment to prevent a vote this bill supportable, but that amend- give us long pause. and thus give Members no outlet for ment is not going to be heard on its I hope that this rule will go down concerns about the monopoly effect of merits in an up or down vote, and it de- and, should it pass, please vote ‘‘no’’ on the underlying bill. This is a disservice serves that. For that reason, I will op- the underlying bill. to the legislative process, to the Mem- pose my leadership and I will vote Mr. LINDER. Mr. Speaker, I yield 3 bers of this body, and ultimately to the against this rule. minutes to the gentleman from Utah consumers of telecommunications serv- Mr. FROST. Mr. Speaker, I yield 2 (Mr. CANNON). ices, our constituents. minutes to the gentlewoman from New Mr. CANNON. Mr. Speaker, I rise for Those who support a fair and open York (Ms. SLAUGHTER). the first time in my life in opposition discussion of the significant issues at Ms. SLAUGHTER. I thank the gen- to a Republican rule. hand should oppose this rule; and, tleman for yielding me this time. Mr. Speaker, I am pretty sure that it should it pass, those who support a fair Mr. Speaker, I oppose this rule. I also was one of the name sponsors of the and open telecommunications market- have very strong concerns about the bill before us, and the Dean of the place should vote down Buyer-Towns underlying bill because this body is House, who once said words to the ef- and support Cannon-Conyers. once again beating the drum to remove fect of, ‘‘If you control the substance Mr. FROST. Mr. Speaker, I yield 3 what nominal protection our constitu- but I control the process, I’ll beat you minutes to the gentleman from Michi- ents might have in the face of powerful every time.’’ If I am not quoting or at- gan (Mr. CONYERS). monopolies. I do not know about your tributing it correctly, I apologize, but Mr. CONYERS. Mr. Speaker, I rise in region of the country, but where I am whoever said that, that is what is being opposition to the rule for the reasons from, every time Congress dismantles a borne out today. that my colleague, the gentleman from regulatory scheme and hands it over to The rule before us has one simple Utah (Mr. CANNON), has outlined, that the private monopolies, my constitu- purpose. It is designed to prevent a if Buyer comes up first and prevails, ents take it on the chin. Airfares, cable vote on any amendment not supported Conyers-Cannon never sees the light of rates, utilities, you name it, all have by the Bell monopolies. Granted, if one day. So that is why a lot of people are skyrocketed in recent years after Con- looks at the amendment list, they will joining in a bipartisan way to vote gress or legislatures decided that un- see an amendment from me and the down the rule, because we want to just regulated monopolies, rather than gentleman from Michigan (Mr. CON- get the vote out. That is all we are ask- ratepayers, know best. YERS), but another hostile amendment ing for is a vote. This bill poses a real threat to what is made in order as a second-degree So the Bells, I will not say the Bells meager competition we have been able amendment in an attempt to prevent a wired the Committee on Rules, because

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.018 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H571 they do not do such a good job anyway, improve their systems, whether they wants to wall out the competitors, wall but this is not the way to proceed. be in Michigan or anyplace else in the out their ability to be able to reach There are a number of myths going country. The American public is consumers, wall out this pressure, this on here. Number one, that there are be- pleased that that has happened in paranoia, that was induced in the Bells tween 1.3 million new jobs to be cre- terms of the number of channels that finally that they had to start moving ated under Tauzin-Dingell or 1.5 mil- are available, a whole host of things, as on this new technology because they lion as another leader states. New jobs, we look at what has happened with had other people out there. That is 1.5 million new jobs. By eliminating broadband, what is also called high- where this whole revolution came the CLECs, you will now get new jobs speed Internet access, that is available from, from the paranoia in the four created. Not true. Not only will there now. companies. be zero jobs created, we will lose jobs. This is a good rule. I commend the So you have four companies, and, by Number two, the Tauzin-Dingell bill Committee on Rules. I also commend the way, all of us only have one of will speed up rural deployment of the the Committee on Rules for making them in our district, one, and then you high-speed Internet. Great. Except the my amendment in order which says have hundreds of other companies, experts say no, just the opposite. that the FCC, which complained bit- Internet service providers, competitive Number three, and I only wish my terly over the last number of years local exchange companies, all out dear colleague and friend, the gen- that the fines were not high enough as there. We call it the NASDAQ, if you tleman from Michigan (Mr. BONIOR), they tried to impose some of the rules are wondering why you never heard of were here on the floor, but I am going and regulations that were out there, it before 1997. It is all these companies to do this, anyway. Ask anybody in De- that we wanted to do more than just a that got created because of the 1996 troit how great Ameritech’s service is, cost-of-business operation, and by al- Telecommunications Act. and they will tell you, nine out of ten, lowing the Upton amendment as part So, this is a terrible rule. It does not that they keep raising the rates, the of this legislation, I suspect that it will allow anybody who is on the other side service is lousy, the CWA workers are pass with a very strong margin, if not of the issue to get a straight up or picketing as I speak. It is all over tele- unanimous. We, in fact, strengthen this down vote for consumers and for com- vision and the newspapers, I say to the legislation; and I think that that is petitors. It is deliberately structured gentleman from Michigan (Mr. UPTON). very important. that way. It is a metaphor for how the The relations are horrible. And now b 1130 monopoly sees all this issue. Not only people are telling us about how we love But as we look at the line-sharing do they have every American home the Bells in Detroit. Wrong, big-time, amendment, the biggest amendments I wired, they have got the Committee on very much in error. would suspect that will be on the Rules wired. They are going to wall ev- So, ladies and gentlemen, we are House floor this afternoon offered by erybody else out. You cannot get in. dealing with a bill that barely passed the gentleman from Indiana (Mr. And then there is this kind of pretend, the Committee on Energy and Com- BUYER), this is an important improve- oh, we will be fair, though. We will be merce, was voted out negatively in the ment to the bill, because it in fact does fair. Where is the evidence we are not Committee on the Judiciary. Now we allow the CLECs to have access to the fair? ask for a simple vote on an amend- ability to bring high-speed Internet ac- Well, of course, all the competitors ment, and the Committee on Rules cess to the last mile in a much better are going to be posthumously vindi- gives us, yes, if you can defeat another fashion in fact than came out of com- cated, maybe someday in a court suit amendment before that, and if you do mittee; and I think it is an improve- that is finally rendered, 5 years from not, Conyers-Cannon, you do not even ment to the bill, and I welcome the se- now in bankruptcy court they will win bring yours up, and they walk around ries of amendments that the Com- something, but they will be out of ex- saying, ‘‘We got you an amendment in mittee on Rules provided, and I thank istence, which is the dream of the the Committee on Rules report.’’ them for their leadership and guidance Bells. Thanks, Rules Committee, for all you as we see this legislation move to the Now, I love these people that work have done to help further fair debate floor. for the Bells, they are good people, but here. The vote on the rule is important. It that is an old way of looking at the So here we are dealing with the Bells, provides us legislation to get to the world. They should be able to compete. who want to repeal the 1996 portion, floor, obviously; and we then debate They should be glad their competitors the most important part of the act. I the amendments in the order pre- are there, because they have been hope that we will vote the rule down scribed. I urge my colleagues to sup- forced to deploy tens of billions of dol- and vote the Conyers amendment up port not only the rule, but the Buyer lars of new DSL technology. and, if necessary, the whole bill down. amendment, the Upton amendment, Vote ‘‘no’’ on this rule. It will only Mr. LINDER. Mr. Speaker, I am and, obviously, final passage when we take an hour to send it back up to the pleased to yield 3 minutes to the gen- get there later this afternoon. Committee on Rules, 1 hour. Then they tleman from Michigan (Mr. UPTON), a Mr. FROST. Mr. Speaker, I yield 3 will put our amendment in place so member of the committee. minutes to the gentleman from Massa- that all the competitors and consumers Mr. UPTON. I thank the gentleman chusetts (Mr. MARKEY). have a shot at it. One hour is all this it from Georgia for yielding me this time. Mr. MARKEY. Mr. Speaker, what I is going to take, and make it fair. Mr. Speaker, I would just remind my would like everyone to do is to think of Everyone here has listened to Din- friend from Michigan that the CWA is the rule which we are debating as a gell-Tauzin, Dingell-Tauzin, for a year in support of the legislation and I sus- metaphor, a metaphor for the way that and a half; and the day of reckoning ar- pect the rule as well. I think that this the Bell companies view all competi- rives, and the Bells do not want us to is a fair rule. tors and competitors’ ability to be able vote on the other side of the issue. So I want to just go back in history for to reach the consumer. everyone here has already taken all the a moment and talk a little bit about The Committee on Rules has struc- contributions from everybody on both this issue. This issue in the previous tured a rule that allows for all the sides. Now it is time to learn what the Congress I think had more than half votes the Bell companies want on their issue is, and the Committee on Rules the Congress as a cosponsor of the leg- amendments, but it is going to wall out has made it impossible to have a real islation; and, in fact, it is an improved all the competitors, all the consumer debate. bill from where we were a couple of groups, all the public utility commis- Vote ‘‘no’’ on this very unfair rule. years ago. sioners from having a straight up or Mr. LINDER. Mr. Speaker, at this Let me also remind those folks in the down vote on what they think is the time I reserve the balance of my time. Chamber and that are listening today important formula that would be put Mr. FROST. Mr. Speaker, I yield 2 as well that back in 1996 we lifted the in place in order to protect consumers minutes to the gentlewoman from regulations on cable; and, when that and competitors in the country. Michigan (Ms. RIVERS). happened, the cable industry invested A metaphor, because that is exactly Ms. RIVERS. Mr. Speaker, I rise in across the country some $50 billion to what the substance of their bill does. It opposition to this rule and to this bill.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.044 pfrm04 PsN: H27PT1 H572 CONGRESSIONAL RECORD — HOUSE February 27, 2002 In 1996, the big phone companies concerns put forward over the past the dean of our delegation, for allowing came to Congress and they asked to be year by myself and other Members re- me time to speak on the rule. deregulated. They promised that if we garding the anticompetitive impact of I rise in strong support of the rule did so, they would provide better serv- the legislation. Both H.R. 1542 and the and H.R. 1542, the Tauzin-Dingell bill. I ice and more competition. My con- Buyer-Towns amendment kill competi- support the rule even though my col- stituents know that what has happened tion, plain and simple. A vote for ei- league and I, the gentleman from New to telecom services since 1996 has not ther of them is a vote against the com- Jersey (Mr. MENENDEZ), were denied an been good. We are not better off. We petitive environment that we set out amendment that we had on the bill cannot read our phone bill, cable rates to create when we passed the Tele- that would have provided additional re- have skyrocketed, and neither Con- communications Act in 1996. porting requirements, because one of gress nor the administration seems to Litigation brought competition to the concerns we have is that there are care. the long distance market, and simi- people in this business who want to Phone service is not better than it larly the 1996 act marked our recogni- cherry pick and not serve the under- was in 1996. Michigan residents experi- tion that innovation stimulated by served areas like I represent and the enced a nightmare of waiting 30 to 45 competition was critical to bringing gentleman from New Jersey (Mr. days or more for service, and it took advanced technologies and services to MENENDEZ) represents. I understand action by our State legislature to rem- the local market and, therefore, to con- the rules process, and my amendment edy that problem. sumers. Remember that DSL was not made in order; but I still Competition is not better than it was broadband technology has been avail- strongly support the rule and the bill. in 1996. The big companies do not let able to Bell companies since the mid- I have been to the work sites and competitors in. They would rather pay 1980s. It is only with the passage of the seen the competition that is there now, the fines. It is just a cost of doing busi- 1996 act and the resulting threat of and I also see the rules that our local ness for them. competition that we actually saw DSL phone companies have that they can- Now the phone companies come to being deployed. not compete with. America needs more Congress and say that if we will relieve The act prescribed this recipe for competition in the broadband market- them of their responsibilities under the local telecom competition through a place to challenge the dominant cable 1996 act, they will improve Internet carefully crafted dynamic that gives companies. service and increase competition. In competitors access to the local net- H.R. 1542 provides this regulatory re- fact, passage of this bill will push other work, an infrastructure built by nearly lief. It allows for our local phone com- panies to increase the investment and providers out of business, reducing a century of guaranteed monopolistic also to make it more affordable for our choices and raising costs for the con- profits; and in return the act deregu- own constituents to be able to get this sumer. lated the regional Bell companies by service. This bill will speed the This is not about what is good for the allowing them to compete in the long broadband deployment in traditionally consumer; it is about what is good for distance market from which they had underserved areas similar to the area I big phone companies. The Baby Bells been barred under the 1984 antitrust am honored to represent. That is why have broken their promise to comply settlement with AT&T. with the 1996 law. That act was a com- we need to pass it today. The strategy was simple and should Mr. Speaker, in closing, I support the promise. It offered all parties opportu- remain so: offer the Bell companies an rule and the underlying bill, and I urge nities and obligations. The big phone incentive to open their local monopo- my colleagues to support both of them. companies want the opportunities, but lies so that conditions for market com- Mr. LINDER. Mr. Speaker, I reserve they want to be able to avoid their ob- petition in the local loop will flourish the balance of my time. ligations. and prices will drop. That incentive is Mr. FROST. Mr. Speaker, I yield 1 The Federal Communications Com- deregulation. At this time, the incum- minute to the gentlewoman from Texas mission has tried to make the big bent carriers possess monopolistic con- (Ms. JACKSON-LEE). phone companies comply with the law. trol over 90 percent of their markets (Ms. JACKSON-LEE of Texas asked The Michigan Public Service Commis- nationwide. Clearly, competition in the and was given permission to revise and sion has tried to make the big phone local markets targeted by the 1996 act extend her remarks.) companies comply with the law. No one has not yet arrived. Ms. JACKSON-LEE of Texas. Mr. has been able to make the big phone Unfortunately, H.R. 1542 and the Speaker, the legislation that we are companies comply with the law. And Buyer-Towns amendment each accom- about to debate today has been a long now these same companies want a plish the same objective. They irrev- time in coming. As I read my letters of chance to do to the Internet what they ocably defeat the purpose of the 1996 support and opposition, there are many have done to phone service. They say act by destroying the efforts made people who, on both sides of the issue, that if they get this new law, things since then to bring competition to the ultimately hope that we will have a will be better for Internet users. I do local telecommunications market. very positive compromise for what is a not think so. With little competition in the space good premise in the Tauzin-Dingell I think H.R. 1542 is bad for con- that brings wire digital services into bill, and that is for access to DSL for sumers, bad for Internet service, bad homes and businesses, there will be no all Americans. I applaud that, and I ap- for competition, and newspapers have competitors or forced markets to push plaud the framework that will help us editorialized against it all over the the widespread and competitive provi- reach that goal. Additionally, I might country. This bill is bad for my con- sion of broadband markets. add that I am pleased to see the num- stituents. This is a bad rule to protect I urge my colleagues to vote to re- ber of amendments that were made in a terrible bill. Vote ‘‘no.’’ tain competition, ensure that competi- order. Mr. LINDER. Mr. Speaker, I am tors have a chance to compete under But I would raise a question of when pleased to yield 3 minutes to the gen- the same rules that have promoted we begin to talk about changing the tleman from Virginia (Mr. DAVIS), a competition for the last 6 years. face of America with respect to DSL, member of our leadership. Let us be clear: the Buyer-Towns we should enhance the opportunity for Mr. TOM DAVIS of Virginia. Mr. amendment destroys that framework. discussion and debate, and we should Speaker, despite my deep respect for The Cannon-Conyers amendment, on always respond to the needs of com- the chairman of the Committee on En- the other hand, keeps that competition petition. ergy and Commerce, I have to rise alive. Vote ‘‘no’’ on Buyer-Towns, and My amendment that had to do with today to voice my continued opposition ‘‘yes’’ on the Cannon-Conyers amend- making sure a study would be rendered to H.R. 1542, the Internet Freedom and ment. by the FCC should have been made in Broadband Deployment Act, and my Mr. FROST. Mr. Speaker, I yield 2 order to determine, Mr. Speaker, the opposition to allow efforts such as the minutes to the gentleman from Texas fact of whether or not this language in amendment offered by my good friend, (Mr. GREEN). this bill is working. the gentleman from Indiana (Mr. Mr. GREEN of Texas. Mr. Speaker, I In addition, as I close, simply, Mr. BUYER), which claimed to resolve the thank my colleague from Texas, and Speaker, it would be important for us

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.023 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H573 to have an assessment of whether or (Mr. DINGELL asked and was given Mr. LINDER. Mr. Speaker, I am not urban and rural communities, permission to revise and extend his re- pleased to yield 2 minutes to the gen- inner-city communities, libraries, marks.) tleman from Arizona (Mr. SHADEGG). schools, African Americans and His- Mr. DINGELL. Mr. Speaker, anybody Mr. SHADEGG. Mr. Speaker, I thank panic-serving institutions were also who has been in this place for more the gentleman for yielding me this being connected to the DSL. than 2 weeks and knows the phone time. I hope as we debate this on the floor number of the Parliamentarian could Reluctantly, I rise to oppose this of the House these issues will be ad- easily have found out that the rule be- rule. I am disappointed in it. This is a dressed, and I hope ultimately we will fore us is an eminently fair rule. In- piece of legislation about which there have the answer of broader and ex- deed, it is a conventional rule. It is one is legitimate disagreement. Some be- panded competition as we move this which allows the proponents of Can- lieve it will enhance competition, and legislation forward. non-Conyers to offer their amendment. their belief is genuine and sincere, but Mr. LINDER. Mr. Speaker, I am It allows those who do not quite agree others believe it will not. Many of us pleased to yield 2 minutes to the gen- to it to offer a different amendment as believe that it will indeed hamper com- tleman from Florida (Mr. STEARNS). a substitute. And under the normal petition and that we will have a fur- (Mr. STEARNS asked and was given Rules of the House of Representatives, ther strengthening of the existing Bell permission to revise and extend his re- I will tell my good friends and col- monopolies. But that really is not the marks.) leagues who are on the other side it issue that is fundamental to the rule. Mr. STEARNS. Mr. Speaker, I stand then allows the first vote on the sub- The issue that is fundamental to the here to support the rule. Obviously, I stitute so that the amendment offered rule and the reason I oppose it, and I serve on the Committee on Commerce by Cannon-Conyers, which, by the way, urge my colleagues in the strongest and the Subcommittee on Tele- is very similar to one rejected by the possible terms to vote against this communications. But I say to my col- Committee on the Judiciary, can then rule, is that it is fundamentally unfair. leagues, the gentleman from Louisiana be first perfected. With this rule what happens, which is To my good friends who support Can- sad and which is unfair, is that we deny (Mr. TAUZIN) has waited many, many non-Conyers, I will simply observe, if months. This passed out of our sub- the opponents of this legislation a fair you win, you will get your vote; if the committee. It was controversial. There up-or-down vote. House wants you to have a chance to Now, it is true that often legislation is one particular amendment that prevail, you will, and you will then is brought to the floor and that those could have killed the bill. But it finally have a chance to offer your amend- who want to improve it are allowed to came out of our committee, and I think ment. You will, in any event, be able to offer a manager’s amendment to im- the time is now that we should bring it offer your amendment and have it con- prove it. But in this instance that is on the House floor and have a full de- sidered by the House and debated. not what is happening. Instead, what is bate. Mr. Speaker, this is the normal proc- happening is that the improving If it turns out this bill is defeated, ess under which the House considers amendment is being offered as a sec- the gentleman from Louisiana (Mr. legislation. ond-degree amendment. That is a per- TAUZIN) will move on. But if the bill is So I would urge my colleagues to rec- fectly good structure in one sense in passed, the Senate, under Mr. HOL- ognize that this is a fair rule. It is a that it will allow people to vote on LINGS, is going to have to look at this conventional, traditional rule, one of that second degree amendment, but it bill carefully. Right now he is not the kind which has always been offered is not the norm, and it is not what will doing that. But we cannot have this de- and which is viewed in the 200 and allow people to have a chance to vote bate in America if we do not pass the more year history of this institution as up or down on an amendment that rule. So I urge my colleagues to pass a fair and proper way in which the would call for true competition in the the rule. business of the House of Representa- form of line-sharing. It is sad to me, it A lot of people have talked about the tives should be conducted. is disappointing to me, that the oppo- economy. This is a big-box economy. Now a word about the legislation. nents of this bill do not get a fair The NASDAQ has dropped dramati- The legislation is very simple. There chance to voice their view. cally, and part of it has been because has been a great deal of whining and Now, also under this rule I will note the potential for broadband has not complaining by a group of monopolists, that at least two-thirds of the time is been met. If this in some small way would-be monopolists and parasites being given to advocates of the time, moves the economy forward by giving who do not want the legislation. The while it appears less than 10 minutes, high-speed Internet access service to reason they do not want the legislation maybe at best 10 minutes, will be given Americans, then so be it. Right now is it lets everybody compete in, guess to those who oppose the bill. I believe cable has it. Perhaps we need competi- what, Internet and broadband. It re- that is another defect in this rule tion for cable, and this would do it. quires the broadband to be made avail- which we ought to be concerned about. So the lack of availability of high- able to the entire country within 5 For those who are concerned about speed connection has, I think, in fact years. The United States is now behind competition, for those who favor mar- slowed the growth in this economy and the whole world, the industrial world, kets, for those who oppose monopolies, shunted off development. We can see a in making broadband service available and for those who support fairness, I lot of new things happen if we can get to our people. The investment in it is urge my colleagues, please follow this broadband jump started, and I think being strangled. This bill permits ev- debate and please vote against the Tauzin-Dingell is moving in that direc- erybody to get in and to invest and Buyer amendment. Though its authors tion. However, there are several compete. believe it will allow competition, it amendments that are going to be pro- The House, in 1996, made the judg- will not, in fact, do so. Vote for the posed, one in particular, the Buyer- ment that we were going to encourage Cannon amendment, and vote ‘‘no’’ on Towns amendment, which I think is a the widest use of telecommunications this rule. good compromise. and access to the information super Mr. SENSENBRENNER. Mr. Speaker, I rise So I think we have an opportunity to highway, the intellectual highway, by in strong support of this rule and appreciate amend this bill, and in the end I think allowing the fullest possible competi- the consideration the Rules Committee has my colleagues will realize it promotes tion. We do not affect local net and given the Judiciary Committee. This Rule rec- competition, it promotes choice and in- long-distance for voice competition. ognizes the Judiciary Committee’s important novation. We affect here only the Internet. This and historic role with regard to telecommuni- is opposed, as we might expect, by cations policy, particularly as it relates to 1145 b AT&T, which just wants to continue its issues involving competition, by providing 20 That is why I support the rule and I ancient and special privilege. But it is minutes of general debate equally divided be- look forward to the debate. supported by the AFL–CIO, the CWA, tween myself and the ranking member of the Mr. FROST. Mr. Speaker, I yield 3 and others who want to see to it that Judiciary Committee. minutes to the gentleman from Michi- we get the service that we need for our Upon adoption of this rule, two amendments gan (Mr. DINGELL). people in this area. negotiated between myself and Chairman

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TAUZIN will be incorporated into this legislation. [Roll No. 42] NAYS—142 These amendments, which will significantly im- YEAS—282 Abercrombie Hinchey Peterson (MN) prove the bill, are the result of spirited negotia- Allen Hoeffel Phelps Ackerman Gordon Norwood Andrews Hoekstra Pickering tions that the Speaker requested we under- Aderholt Goss Nussle Baird Holt Pitts take. Although the negotiations were at times Akin Graham Ortiz Barrett Honda Pomeroy difficult, both sides worked in good faith to Armey Granger Osborne Bartlett Hooley Price (NC) reach a final compromise which helped pave Baca Graves Ose Becerra Inslee Ramstad Bachus Green (TX) Otter Berkley Israel Rangel the way for today’s floor consideration. Baker Green (WI) Oxley Berman Johnson, E. B. Rivers The first amendment provides that, not less Baldwin Greenwood Pascrell Blumenauer Jones (NC) Roemer than 30 days before offering interLATA high Ballenger Grucci Pastor Borski Jones (OH) Rothman speed data service or Internet backbone serv- Barcia Gutierrez Payne Boswell Kanjorski Roybal-Allard Barr Gutknecht Pence Brown (OH) Kaptur Sabo ice in an in region State, a Bell operating com- Barton Hall (OH) Petri Cannon Kilpatrick Sanchez pany shall submit to the Attorney General a Bass Hall (TX) Platts Capps Kucinich Sanders statement expressing the intention to com- Bentsen Hansen Pombo Capuano LaFalce Schaffer Bereuter Hart Portman Carson (OK) Lantos Schakowsky mence providing such service, providing a de- Berry Hastings (FL) Pryce (OH) Clayton Larson (CT) Scott scription of the service to be offered, and iden- Biggert Hastings (WA) Putnam Condit Leach Shadegg tifying the geographic region in which the serv- Bilirakis Hayworth Quinn Conyers Lee Shays ice will be offered. This statement shall not be Bishop Herger Radanovich Costello Lipinski Sherman Blagojevich Hilleary Rahall Coyne Lofgren Skelton made public except as may be relevant to any Blunt Hilliard Regula Davis (CA) Lowey Slaughter administrative or judicial proceeding. Boehlert Hinojosa Rehberg Davis (FL) Luther Snyder This amendment is important because of Boehner Hobson Reyes Davis, Tom Lynch Solis Reynolds DeFazio Markey Stark the long and checkered antitrust history of the Bonilla Holden Bonior Horn Riley DeGette Mascara Stenholm telecommunications market. H.R. 1542 would Bono Hostettler Rodriguez Delahunt McCarthy (MO) Strickland eliminate the need to go through a regulatory Boozman Houghton Rogers (KY) DeLauro McCollum Stupak Boucher Hoyer Rogers (MI) DeMint McDermott Sununu process in deploying broadband, as the Rohrabacher Deutsch McGovern Tauscher RBOCs will continue to be required to do for Boyd Hulshof Brady (PA) Hunter Ros-Lehtinen Dicks McIntyre Taylor (MS) Ross telephone services, and this amendment man- Brady (TX) Hyde Dooley Meehan Thompson (CA) Roukema dates that the antitrust enforcers at the De- Brown (FL) Isakson Doyle Millender- Thompson (MS) Royce Brown (SC) Issa Edwards McDonald Thurman partment of Justice will get 30 days notice be- Rush Bryant Istook Ehrlich Miller, George Tierney Ryan (WI) fore such service is offered. Burr Jackson (IL) Eshoo Mink Udall (CO) Ryun (KS) Etheridge Moore Udall (NM) The second amendment provides that the Burton Jackson-Lee Sandlin Evans Moran (VA) Velazquez savings clause found in section 601(b) of the Buyer (TX) Sawyer Farr Morella Waters Callahan Jefferson Telecommunications Act of 1996 shall be in- Saxton Fattah Nadler Watt (NC) Calvert Jenkins Schiff Flake Napolitano Waxman terpreted to mean that the antitrust laws are Camp John Schrock Frank Oberstar Weiner not repealed by, not precluded by, not dimin- Cantor Johnson (CT) Sensenbrenner Gephardt Obey Wilson (NM) Capito Johnson (IL) ished by, and not incompatible with the Com- Serrano Goode Olver Wolf Cardin Johnson, Sam munications Act of 1934, this Act, or any law Sessions Harman Owens Woolsey Carson (IN) Keller Shaw Hefley Pallone Wu amended by either such Act. This amendment, Castle Kelly Sherwood Hill Pelosi a version of which was adopted by the Judici- Chabot Kennedy (MN) Shimkus ary Committee, is a response to concerns Chambliss Kennedy (RI) Shows NOT VOTING—10 Clay Kerns raised about any conflicting, confusing, or con- Shuster Baldacci Mollohan Traficant Clement Kildee Simmons Cubin Myrick Young (AK) tradictory language found in the Seventh Cir- Clyburn Kind (WI) Simpson Gilman Paul cuit Court of Appeals opinion in Goldwasser v. Coble King (NY) Skeen Hayes Peterson (PA) Ameritech Corp., 222 F. 3d 390 (7th Cir. Collins Kingston Smith (MI) 2000). In Goldwasser, the Seventh Circuit Combest Kirk Smith (NJ) b 1215 Cooksey Kleczka Smith (TX) Court of Appeals construed the savings clause Cox Knollenberg Smith (WA) Ms. CARSON of Indiana changed her found in section 601(b)(1) (47 U.S.C. § 152 Cramer Kolbe Souder vote from ‘‘nay’’ to ‘‘yea.’’ Crane LaHood note) of the Telecommunications Act of 1996 Spratt So the resolution was agreed to. (P.L. No. 104–104, 110 Stat. 56). Crenshaw Lampson Stearns Crowley Langevin Stump The result of the vote was announced Mr. Speaker, many Members have labored Culberson Larsen (WA) Sullivan as above recorded. on these issues and I appreciate their work, Cummings Latham Sweeney A motion to reconsider was laid on particularly the efforts of Chairman TAUZIN. I Cunningham LaTourette Tancredo Davis (IL) Levin Tanner the table. support the rule and yield back the balance of Davis, Jo Ann Lewis (CA) Tauzin f my time. Deal Lewis (GA) Taylor (NC) Mr. FROST. Mr. Speaker, I yield DeLay Lewis (KY) Terry PERSONAL EXPLANATION back the balance of my time. Diaz-Balart Linder Thomas Mr. LINDER. Mr. Speaker, I yield Dingell LoBiondo Thornberry Mrs. MYRICK. Mr. Speaker, I was unable to Doggett Lucas (KY) Thune back the balance of my time, and I Doolittle Lucas (OK) Tiahrt participate in the following votes. If I had been move the previous question on the res- Dreier Maloney (CT) Tiberi present, I would have voted as follows: Roll- olution. Duncan Maloney (NY) Toomey call vote 41, on approving the Journal, I would Dunn Manzullo Towns have voted ‘‘yea.’’ Rollcall vote 42, on pro- The previous question was ordered. Ehlers Matheson Turner The SPEAKER pro tempore (Mr. Emerson Matsui Upton viding consideration of H.R. 1542, I would LAHOOD). The question is on the resolu- Engel McCarthy (NY) Visclosky have voted ‘‘yea.’’ tion. English McCrery Vitter Everett McHugh Walden b 1215 The question was taken; and the Ferguson McInnis Walsh Speaker pro tempore announced that Filner McKeon Wamp The SPEAKER pro tempore (Mr. the noes appeared to have it. Fletcher McKinney Watkins (OK) SIMPSON). Pursuant to House Resolu- Mr. LINDER. Mr. Speaker, I object to Foley McNulty Watson (CA) tion 350 and rule XVIII, the Chair de- Forbes Meek (FL) Watts (OK) clares the House in the Committee of the vote on the ground that a quorum Ford Meeks (NY) Weldon (FL) is not present and make the point of Fossella Menendez Weldon (PA) the Whole House on the State of the order that a quorum is not present. Frelinghuysen Mica Weller Union for the consideration of the bill, The SPEAKER pro tempore. Evi- Frost Miller, Dan Wexler H.R. 1542. Gallegly Miller, Gary Whitfield dently, a quorum is not present. Ganske Miller, Jeff Wicker The Chair designates the gentleman The Sergeant at Arms will notify ab- Gekas Moran (KS) Wilson (SC) from Texas (Mr. BONILLA) as chairman sent Members. Gibbons Murtha Wynn of the Committee of the Whole, and re- The vote was taken by electronic de- Gilchrest Neal Young (FL) quests the gentleman from Illinois (Mr. Gillmor Nethercutt vice, and there were—yeas 282, nays Gonzalez Ney LAHOOD) to assume the chair tempo- 142, not voting 10, as follows: Goodlatte Northup rarily.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.014 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H575 b 1215 of America. It is the Internet world. It make sure that satellite television had IN THE COMMITTEE OF THE WHOLE is the satellite world. It is the world of a chance to compete against cable tele- Accordingly, the House resolved cable-delivered systems where distance vision. itself into the Committee of the Whole is irrelevant, where we pay a single Today, we make the same fight for House on the State of the Union for the rate and then we can communicate, consumers. We make the same fight to consideration of the bill (H.R. 1542) to and we are not caught in this old world make sure everybody has a chance to deregulate the Internet and high speed recollection of distance. On the Inter- get broadband Internet services, and data services, and for other purposes, net it does not matter whether I live in we want to make sure that they have with Mr. LAHOOD (Chairman pro tem- Tokyo or Seattle or Jack Bay, Lou- competition and choice in that mar- pore) in the chair. isiana. I can communicate with any- ketplace. That is what the Internet The Clerk read the title of the bill. body in the world. Freedom and Broadband Deployment The CHAIRMAN pro tempore. Pursu- But even the Internet is part of the Act is all about. ant to the rule, the bill is considered as old world now. Today we talk about a It is good for consumers. It is great having been read the first time. new world of Internet communications for jobs. It is great for this economy. It Under the rule, the gentleman from called broadband. sends the right message. It sends the Louisiana (Mr. TAUZIN) and the gen- As I said earlier, when I tried to ex- Internet, high speed, rich, fast, fully tleman from Michigan (Mr. DINGELL) plain this to my buddies at the hunting deployed broadband Internet is going each will control 30 minutes. The gen- camp, I like to use this analogy: When to be available to Americans without tleman from Wisconsin (Mr. SENSEN- you think about the old Internet it is the heavy hand of government regu- BRENNER) and the gentleman from like going to the refrigerator to get a lating it in terms, prices and condi- Michigan (Mr. CONYERS) each will con- cold beer and finding out the refrig- tions. It means that we will have trol 10 minutes. erator is turned off, and you have to choice and competition in that mar- The Chair recognizes the gentleman turn it on, and you have to put your ketplace and that all Americans will from Louisiana (Mr. TAUZIN). beer in and wait for it to get cold, and enjoy the benefits instead of just a few (Mr. TAUZIN asked and was given then sometime later you finally get it of this amazing revolution in commu- permission to revise and extend his re- and enjoy it. That is the old Internet, nication. marks.) the old dial-up service. This is about the future. There are Mr. TAUZIN. Mr. Chairman, I yield The new broadband Internet we are people who rise on the floor and will myself such time as I may consume. talking about has systems that are so talk to you about the past and how we Mr. Chairman, as we begin debate on fast, so rich, always on, always ready, ought to employ all the rules and regu- the Tauzin-Dingell bill, I think it is it is like going to that refrigerator, and lations of the past to this new commu- important to recognize that once the it is always on, and when you open the nications structure. The gentleman House gets through with its business door you have the bierskeller in there. from Michigan (Mr. DINGELL) and I will today perhaps Americans can start en- There are so many varieties of rich, ask you to think about the future and joying Coca-Cola and Pepsi commer- wonderful choices for you. how we can build a future where every cials again instead of these massive In the real world we talk about American has access to these new sys- commercials advertising for or against choices on entertainment, information, tems and we can be rich in education Tauzin-Dingell. It is also important to education, and all sorts of things like and information and entertainment say what Tauzin-Dingell is as opposed long distance tele-medicine, all made and commerce again. We can put Amer- to what it is not. possible when we finally connect Amer- ica back to work and get this economy What it is is an effort that my good ica to the big broadband Internet sys- going and give Americans real choice friend, the gentleman from Michigan tems that have been built in this sys- in high speed broadband Internet serv- (Mr. DINGELL), the ranking minority tem in this country but do not have on ices. member of the Committee on Energy or off ramps for Americans to get on Mr. Chairman, I reserve the balance and Commerce, the former chairman of and off. of my time. the committee and I have worked on After all these years, only 10 percent Mr. DINGELL. Mr. Chairman, I ask for years, a bill we filed in 1999 because of Americans are connected to these unanimous consent to yield 15 minutes we saw in advance of what has occurred systems. These are the lowest denomi- to the distinguished gentleman from the collapse of so much of the high nator systems. If I am in high speed Massachusetts (Mr. MARKEY) for pur- tech industry if we did not free and you are at low speed and we are poses of control. broadband from the grip of bureau- connected, I am at your speed. Until we The CHAIRMAN pro tempore. Is cratic regulation and if we did not cre- get more Americans connected with there objection to the request of the ate an incentive for there to be real broadband, until we get real competi- gentleman from Michigan? competition in the marketplace, so we tion in those systems, America is There was no objection. filed the Internet Freedom and handicapped and the high tech econ- Mr. DINGELL. Mr. Chairman, I yield Broadband Deployment Act. That is omy is in neutral. 3 minutes to the gentleman from Vir- the real title. Internet Freedom and This bill is about jobs. It is about ginia (Mr. BOUCHER), a principal co- Broadband Deployment, that is what it creating 1.2 million jobs by turning sponsor of this legislation. is all about. loose the investments in broadband de- Mr. TAUZIN. Mr. Chairman, I yield 1 Now, there are two worlds out there. ployment, by making sure that every minute to the gentleman from Virginia There are two worlds out there in com- company that can deliver a line to a (Mr. BOUCHER). munications. There is the old world of house can offer broadband services. (Mr. BOUCHER asked and was given communications, the old voice tele- It is about consumers. It is about en- permission to revise and extend his re- phone world that is still heavily regu- suring that consumers who live in the marks.) lated by government at all levels, country, consumers who live in the Mr. BOUCHER. Mr. Chairman, I am local, State and Federal levels. That is inner cities of this country who might the supporter of the Tauzin-Dingell an old world that is regulated in price wait forever for broadband services get measure, and I rise this morning to de- and terms and conditions in a way that it on a lot quicker. It says there must scribe why its passage is in the public separates the way we talk to one an- be deployment within the 5-year period interest. I will take this time to make other on the basis of distance, long dis- to every part of this country, every three points. tance and local. community. It says we will have com- First, passage of this measure will There is a new world, the future of petition in that deployment. stimulate the deployment of broadband communications that is characterized I was on the floor of this House in services by telephone companies. The by the Internet which does not care 1992, a long time ago, to make sure 1996 Telecommunications Act contains how far we live from one another. It that cable television had a real com- an unbundling requirement that en- does not care how tightly we are petitor. And this House joined with me ables competitors to lease at highly fa- packed into communities or how and the Senate joined with me, and vorable rates only a portion of a tele- sparsely we live in rural communities eventually we had to override a veto to phone company’s network and then to

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.032 pfrm04 PsN: H27PT1 H576 CONGRESSIONAL RECORD — HOUSE February 27, 2002 combine that leased element with the The bill only affects the provision of and that the RBOCs should not be re- telephone company’s own equipment in high-speed Internet services. This mar- warded by giving them the unregulated order to offer a complete service. ket is competitive and telephone com- green light to the lucrative data mar- Now this provision is good policy if panies are the second entrants with ket. On the other hand, we should con- the goal is to promote competition in only one-third of total customers. The tinuously review public policy to deter- the offering of traditional voice tele- dominant market participant, the mine whether regulatory regimes are phone service, and I would note that cable industry, has no regulation and meeting the public interests. many of the cities in the United States enjoys two-thirds of the share of this We must also remain vigilant to have as many as one-half of the lines market. make sure that the RBOCs do not use serving businesses in the hands of the This regulatory disparity is unfair. It their market dominance to undermine competitors to the local telephone poorly serves the public interest be- competition because competition is the companies. But the unbundling re- cause it dampens the deployment of only way to ensure the most efficient quirement is terrible policy if the goal broadband services. delivery of the highest-quality and low- is to encourage the telephone company I urge support for the Tauzin-Dingell est-price goods and services. to offer high speed Internet access bill. That will create more even-handed Notwithstanding the changes that service to a larger number of homes regulation and lift the restraints of will be made today, including two and businesses. current law on broadband deployment. within the jurisdiction of the Com- The rate at which the network must Mr. SENSENBRENNER. Mr. Chair- mittee on the Judiciary, incorporated be leased to competitors is below the man, I yield myself such time as I may into the bill by the rule, I remain con- cost of building and maintaining the consume. cerned about competition in the network in the first instance for the Mr. Chairman, I will support final broadband and telecommunications telephone company. The lines and the passage of H.R. 1542, the Internet Free- market as a whole and will continue to other equipment necessary to provide dom and Broadband Deployment Act. review these issues to search for ways these high speed services are costly, While I did not support this legislation to ensure that the benefits of competi- and that cost cannot be recovered by in the Committee on the Judiciary, I tion, lower prices, more choices and the telephone company under the dra- am persuaded that sufficient changes better service, are available to the con- matically reduced rate that is avail- will be made to the bill today that sumer. No bill is perfect; and after much de- able for the lease of these facilities. merits supporting the bill and moving liberation, debate, and consideration, I Congress always intended this regu- the process forward. believe on the whole that final passage lation to apply to local telephone serv- I believe two changes negotiated be- of this legislation should be supported. ice. It was not intended to be applied to tween the gentleman from Louisiana Many Members have labored on this high speed Internet access. But the (Mr. TAUZIN) and myself significantly legislation, and I want to specifically Federal Communications Commission improve the bill. There is general thank the members of the Committee has applied it to these advanced tele- agreement that rapid deployment of broadband could dramatically improve on the Judiciary on both sides of the phone services nonetheless, and that is aisle for their hard work. The com- the problem that we are trying to re- communications, electronic commerce, and more easily deliver digital goods to mittee performed quickly and thought- solve. fully under unreasonably tight time The result of this action by the FCC consumers. However, there is disagree- ment over how broadband should be de- constraints last June, and all Members is that the deployment of DSL by tele- should be proud of their accomplish- phone companies severely lags the de- ployed. The Committee on the Judici- ary had several days of hearings on ments. ployment of cable modem service I would also like to thank the gen- these complex and difficult issues. which is completely unregulated. Of tleman from Louisiana (Mr. TAUZIN) As the chairman of the Committee on the 20 percent of American Internet and his staff for working an agreement the Judiciary, which has jurisdiction users who have high speed access two- in the language contained in section 9 over unlawful restraints of trade, I am thirds are using cable modem service, of the bill which preserves the powers cognizant of antitrust problems which and the DSL service offered by tele- of the Justice Department to review gave rise to our modern telecommuni- phone companies has less than one- antitrust considerations. third of the market. cations policy. After the 1984 breakup Mr. Chairman, I reserve the balance The Tauzin-Dingell measure is need- of AT&T, competition in the long dis- of my time. ed to remove the unbundling require- tance market flourished. As a result, Mr. Chairman, I ask that the balance ment from advanced services to create rates decreased and service improved. of my time be yielded to the gentleman a closer parity of regulation between However, when local telephone com- from Utah (Mr. CANNON) and that he be DSL and cable and to encourage the petition failed to materialize, Congress allowed to yield such portions of that broad deployment of DSL by telephone in 1996 attempted to open up the local time to other Members as he desires. companies. markets by offering the regional Bell The CHAIRMAN pro tempore (Mr. The second point I would make is operating companies, RBOCs for short, LAHOOD). Is there objection to the re- that this is a jobs bill. The head of our a basic trade. They were to open their quest of the gentleman from Wis- Nation’s leading technology companies local exchanges to competitors for consin? have said that a revival of the tech- interconnection; and in return, they There was no objection. nology sector of our economy hinges on were to be allowed entry into the long Mr. TAUZIN. Mr. Chairman, I yield one pivotal development, and that is distance market. myself 30 seconds. the mass and rapid deployment of Since 1996, there has been major con- I want to thank the gentleman from broadband services. The Tauzin-Dingell solidation in the industry as the Wisconsin (Mr. SENSENBRENNER), the bill will lead to that deployment. It RBOCs have merged with one another. chairman of the Committee on the Ju- will result in hundreds of billions of Furthermore, the RBOCs have not had diciary, for the excellent work I think dollars in business investment. It will a stellar record regarding compliance we put in together with our staffs to create more than one million new jobs. with the 1996 act. Hence, the gentleman ensure, in fact, that the antitrust laws Third, all of our regulations now in from Michigan (Mr. UPTON) and the will fully apply to all operations of the place will remain for local telephone gentleman from Texas (Mr. GREEN) will Bell companies as they currently con- service. This bill does not affect tradi- offer an amendment increasing pen- duct their business and telephone serv- tional voice telephony. alties for violation of the Communica- ice and in their new businesses in tions Act of 1934, which I urge the com- broadband. He and I are equally com- b 1230 mittee to adopt. Consolidation and a mitted to watch carefully the perform- Unbundled network elements, for- history of anticompetitive market re- ance of these companies and others to ward-looking cost pricing, and terms- straints should give one pause. make sure that consumers have the of-service regulation will remain for Many would argue with considerable benefits of competition and not the local telephone service. That is totally justification that there has been not penalties of monopoly unregulated unaffected by this bill. enough progress in the local markets service.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.034 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H577 We are going to work together, and I I stand in opposition to the bill and Mr. ENGEL. Mr. Chairman, I thank thank him again for working with our have from the very beginning, and I the gentleman from Michigan (Mr. DIN- subcommittee. would like to very quickly go through GELL), the dean of the House, for yield- Mr. Chairman, I yield 2 minutes to my top 10 reasons. ing me the time. the distinguished gentleman from I think it is bad for the economy. Mr. Chairman, I rise in strong sup- Michigan (Mr. UPTON), the chairman of Why? Because it is going to throw peo- port of the Tauzin-Dingell bill. Mr. the Subcommittee on Telecommuni- ple out of work. The proponents say it Chairman, to paraphrase Charles Dick- cations and the Internet. is going to create jobs. In fact, it is ens, this is a tale of two cities, the Mr. UPTON. Mr. Chairman, I rise in going to shut down the CLECs in this cable and telephone industry. Ten strong support of H.R. 1542, and as country who are the children that were years ago, these two industries had lit- chairman of the Subcommittee on born out of the telecom act. So it is tle to do with each other; but today, Telecommunications and the Internet, not going to do what the promise of the they are, thanks to technology, they I would say that today, in fact, is the bill says. It is going to lose jobs, no net are providing the exact same product, defining moment in our Nation’s tele- gains. high-speed Internet access. communications policy. I think it is bad for consumers, and One would think thus that when the Yes, the issues are complex, but consumer organizations across the government imposed regulations it there certainly is much at stake. The board oppose the bill. Why? Because it would do so in the same manner, but choice in this debate could not be sim- further enlarges the monopoly that the that is the crux of this tale of two in- pler or clearer. Today’s regulation of Bells are right now. If someone has a dustries. One, the cable industry, pro- broadband is based on yesterday’s tech- monopoly in their DNA, this is the bill vides these services unfettered by regu- for them. nology. So we can either seize the mo- lation, the way it should be, and I sup- It is bad for small business because I ment and move forward, or we can stay think the prices without the CLECs, port this. The other, the telephone in- stuck in the outmoded regulatory rut without the CLECs who are competing dustry, is heavily regulated. and watch other countries take our right now, small business is going to We have a responsibility to ensure jobs and industry away. end up paying more. That really is a fairness in our regulations. Luckily, Recently, I had the opportunity to tax on high-speed access for small busi- there will be great benefits realized as chat with the head of the Southwestern nesses. a result of this legislation. It is esti- Michigan Realtors Association, and it It is bad for broadband because it sti- mated that $100 billion will be spent was no surprise to learn that the num- fles innovation. When we think of inno- upgrading the telephone networks. ber one question on the minds of pro- vation, and the district that I come There is an enormous amount of labor spective home buyers in Michigan from is all about that, we do not think involved in this task; and as a result, these days is not about property taxes of the local Bells as being the fathers the AFL-CIO and the Communication and local schools but, rather, whether or mothers of innovation. Workers of America have endorsed this there is broadband access available in It is bad for rural areas and the bill legislation. the neighborhoods. These folks are promises to get DSL to the rural areas. Small businesses will also benefit. willing to commute, in fact, more than It does not, and it will not. The homes The cost of a T–1 line can be as much 30 minutes, even across State lines, that are located 3 miles from a Bell as $1,500 per month. For a small busi- just to live in communities which have central office would still be dependent ness that is simply not an option, but broadband. upon other broadband providers. a DSL line is about $50 per month. Cer- Small businesses in the area are re- It is bad for the States, and 31 State tainly that is affordable for most small porting similar competitive disadvan- PUCs oppose it. Why? Because the bill businesses, and that will allow them to tages as well. I compare broadband ac- takes away the ability from our con- finally join the e-commerce revolution. cess to the interstate highway system stituents to protect consumers and There will also be enormous benefits which was built through southwest oversee quality of service. In California to bridging the digital divide. Our mod- Michigan back in the late 1950s and alone the Bells have been fined $350 ern society is dependent upon informa- 1960s; and as I crisscross my district, I million for bad service. Under this bill tion. The Internet is the greatest can see the population and the eco- they would not be able to do it. source of information ever created. nomic growth which has occurred in Lastly, the e-rate. If my colleagues Again, I urge a ‘‘yes’’ vote on this these towns that have access to inter- voted for the e-rate, it is in trouble. bill. It will bridge the digital divide state highways. Our schools, our law libraries, it is bad and allow this kind of service to be for Those communities which do not law. The Bells do not need any legisla- all Americans. have access have remained in a virtual tion to offer high-speed Internet serv- Mr. TAUZIN. Mr. Chairman, I am time capsule, great little towns, but ices. pleased and honored to yield 2 minutes they virtually stood still throughout I compliment the proponents of the to the gentleman from Illinois (Mr. bill for their advertising of it because the past number of decades. That is SHIMKUS), a distinguished member of they say it is jobs, it is the economy, it what I fear will happen if we do not the Subcommittee on Telecommuni- is competition, it is going to take high- move soon, as soon as possible in fact, cations and the Internet of the Com- speed Internet access to all commu- to get these communities connected to mittee on Energy and Commerce. nities right away. That is great adver- the high-speed Internet access high- Mr. SHIMKUS. Mr. Chairman, I want tising, but my colleagues have to read to thank the gentleman from Lou- way. the print in the bill, and the Bells do That is why we need to provide de- isiana (Mr. TAUZIN) and the gentleman not need this in order to bring the com- from Michigan (Mr. DINGELL) for bring- regulatory parity for broadband, re- petition and the high-speed Internet ing up this legislation, this very impor- gardless of the platform by which it is access that it says only the Bell can delivered, whether it be telephone do. tant piece of legislation. lines, cable, wireless, satellite; and by This enlarges a monopoly that will This is a good bill. We should not doing that we can undo the enormous lumber on, and my colleagues and I are hold hostage data deployment to the regulatory shackles which stand in the going to have to answer to our con- voice fight, and that is what this is all way of telephone companies providing stituents on the accountability issue. about, long distance versus local; and DSL. No PUC, no FCC. I do not think that that fight which should not be involved Mr. MARKEY. Mr. Chairman, I yield kind of deregulation in terms of ac- in this. This is an issue about data, and 3 minutes to the gentlewoman from countability is where we should go. this is an issue about deploying data in California (Ms. ESHOO). I think to be about the future we rural America; and if we want to create Ms. ESHOO. Mr. Chairman, I would have to get rid of the past. This reeks jobs in deployment of data, not just in like to thank the gentleman from Mas- of the past and does not speak well to the data deployments but the small sachusetts (Mr. MARKEY) for his leader- the future. businesses in rural America that want ship and everyone that I have worked Mr. DINGELL. Mr. Chairman, I yield to be able to market their goods in this with on this issue for now, I think, at 11⁄2 minutes to the distinguished gen- world economy through broadband, least 3 years. tleman from New York (Mr. ENGEL). this is how we do it.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.036 pfrm04 PsN: H27PT1 H578 CONGRESSIONAL RECORD — HOUSE February 27, 2002 Without this bill, we will not have up that people can get in a quick and maining, and the gentleman from Utah broadband deployment in rural Amer- rapid manner so that they can sell (Mr. CANNON) has 6 minutes remaining. ica, and we will not have the job-cre- their products. That is why we need to Mr. MARKEY. Mr. Chairman, I yield ation activity, and we will see the peo- deploy broadband now. 2 minutes to the gentleman from New ple continue to offer broadband in We also need more competition with York (Mr. HINCHEY). urban America and not in the places the cable companies. Everyone talks Mr. HINCHEY. Mr. Chairman, this is that we need job growth. about cable rates and talks about com- the most important telecommuni- petition. Well, we can have competi- cations bill to come to the floor of this b 1245 tion if we pass this bill. Broadband will House not just in this Congress but in The other issue is that we have seen provide that competition. many, many years. If it passes and be- what has happened in the voices with Third, we talk about the digital di- comes law, it will determine the way the FEC and the lawsuits, the CARA vide, the fact that we have two commu- the telecommunications industry de- lawsuits, the rulemaking, and that just nities, some that have it and others velops in America for untold years to stops the deployment of any type of that do not. This committee did a good come. Yet we are provided with essen- service. And here people want to return job on a bipartisan basis by guaran- tially 2 hours, or less than 2 hours to to that. They want to bring more regu- teeing a 5-year build-out to ensure that debate the bill in its essence on the lation into this new, exciting world of urban as well as rural communities, floor here today. The opposition is high-speed Internet services. poor communities as well as wealthier given, what, 15 minutes to provide al- So I am just excited that we have communities would have access to ternative points of view. This is scan- now got this bill on the floor. I think it broadband Internet under this bill. I dalous. is going to help create new jobs in think that is a tremendous idea, and I The people are not being served here. rural America. I want to thank the think it argues well for this bill. There ought to be opportunities to de- chairman and the ranking member for We cannot afford to have businesses bate this bill in its full content and in their foresight, and let us get this leave poor communities because they detail. Why is that? Because the bill, as done. do not have broadband. We cannot af- it is currently written, makes some Mr. MARKEY. Mr. Chairman, I yield ford to have students in poorer commu- terrible mistakes. myself 1 minute. nities disadvantaged because they do The premise of the bill is that if mo- We have really changed our country, not have broadband when their nopoly situations are provided to mo- and the rest of the world has been fol- wealthier colleagues do. nopolistic companies and get rid of all lowing us over the last 20 years. We This is a good and balanced bill, and regulation at the Federal and State had one phone company. One. And they I hope my colleagues will adopt it. I level that somehow we will have a fair had 1.2 million employees. But we de- urge strong adoption of the broadband and open process and a level playing cided that it was stultifying innova- access bill. field and that somehow consumers will tion. Technology, prices, service, ev- Mr. TAUZIN. Mr. Chairman, I am get the benefit. History shows us dif- erything was tied to that one company. pleased to yield 2 minutes to the gen- ferent. So our country broke up AT&T. Out of tleman from Kentucky (Mr. This bill will cause prices to rise, and it came Sprint, MCI, Lucent, and doz- WHITFIELD), who is a member of our it will ensure that vast areas of the ens, scores of companies, because it Subcommittee on Telecommuni- country continue to not get service. created a competitive environment. cations, Trade, and Consumer Protec- Particularly rural areas like upstate That is what the 1996 Telecommuni- tion. New York will not get the service that cations Act sought to do for the local Mr. WHITFIELD. Mr. Chairman, I they need. market as well, to break it up; to say want to commend the chairman and The bill alleges to create jobs. Well, to the local bells, those four companies the ranking member, the gentleman the CLECs in New York, for example, in the United States, each of us has one from Michigan (Mr. DINGELL), for their now employ about 100,000 people. Those who is a monopoly in our hometown, leadership on this important issue. jobs are in danger of being lost and al- ‘‘If you give up your local monopoly, I rise in strong support of H.R. 1542. most certainly would be lost if this bill we will let you into long distance with This is a bill whose time has come. It were to become law. MCI, with Sprint, with AT&T. That provides for less Federal and State reg- This bill is not in the interest of the was the deal. ulation of broadband services and general public, not in the interest of This amendment today breaks that Internet access service. It also removes consumers. We could do a good bill; and deal and sends the American public the disparity that now exists between if we were doing a good bill, we would back to the past, where the choices cable, modem service and DSL. do many things. For example, we would would be limited rather than unlim- The bill also addresses the restric- ensure that every school in every State ited. tions caused by the LATA lines drawn across this country is hooked up to Mr. Chairman, I reserve the balance by Judge Greene in 1984. And I might broadband services, and those services of my time. add that was a long time before com- would be required to be provided by the Mr. DINGELL. Mr. Chairman, I yield mercial Internet or retail broadband companies that are given this money- 11⁄2 minutes to the gentleman from service was available. making opportunity contained in this Maryland (Mr. WYNN). Finally, this bill will help rural bill. Mr. WYNN. Mr. Chairman, I thank America, an area that I represent, be- It is a big mistake. We could do an the gentleman for yielding me this cause it will expedite broadband de- awful lot better. time and also for his leadership along ployment in rural America. I think Mr. TAUZIN. Mr. Chairman, I am with that of our committee chairman. that will be a tremendous boost to help pleased to yield 11⁄2 minutes to the dis- I rise in strong support of this meas- in economic development in rural tinguished gentleman from California ure. America, which is vitally needed at (Mr. ISSA), a member of the Committee We often talk about American inge- this time. on the Judiciary. nuity, American innovation. Well, it is Mr. Chairman, I urge passage of this Mr. ISSA. Mr. Chairman, I rise in the here. The only problem is it is handi- legislation. strongest possible support of this bill. capped, handicapped and handcuffed by Mr. TAUZIN. Would the chairman Coming out of the telecommuni- outdated regulation that prevents the announce how much time is available cations industry, coming out of the deployment of broadband, and deploy- to all of us in the debate? high-tech industry and being a user of ment of broadband is clearly the wave The CHAIRMAN pro tempore (Mr. these products, I recognize full well of the future. LAHOOD). The gentleman from Lou- how stalled broadband deployment is. Small businesses in particular will isiana (Mr. TAUZIN) has 171⁄2 minutes There is no question on either side of need deployment of high-speed Internet remaining, the gentleman from Massa- this issue but that broadband deploy- service. They will need it for large bids. chusetts (Mr. MARKEY) has 11 minutes ment has fallen behind our competi- They will need it for large-volume or- remaining, the gentleman from Michi- tors. We have fallen behind Korea. We ders. They will need it to put pictures gan (Mr. DINGELL) has 9 minutes re- have fallen behind nations that we

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.037 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H579 never thought we would be second to in place. That leaves two-thirds of the used, if necessary, to do that. There is the role of high-speed Internet. country without a redundant high- a 5-year build-out to everyone in this This bill seeks to and does in fact, as speed data network. Mr. Chairman, country. it is to be amended, allow for the best this leaves our country vulnerable and Mr. Chairman, I yield 2 minutes to of both worlds. It allows for universal exposed to an information shutdown the gentleman from California (Mr. access both to the incumbent utilities during a national crisis. RADANOVICH). and those who would like to become ex- Tauzin-Dingell will not cost tax- Mr. RADANOVICH. Mr. Chairman, changes. payers one penny but will create over a this bill will provide a major boost to But it also says, wisely, that there million new jobs, give millions of the U.S. economy, particularly to the has to be an opportunity for a return Americans access to high-speed Inter- telecommunications and high-tech sec- for those who will invest hundreds of net and, most importantly, will tors. This is a bill that promises to cre- billions of dollars. This bill does it and strengthen America’s information in- ate more than a million new jobs, and does it extremely well. frastructure. hundreds of billions of dollars in eco- I believe if those on both sides of this Mr. Chairman, I urge all of my col- nomic activity if it does become law, issue recognize and think about the leagues to support this legislation. and our Nation needs this legislation. fact that this is not going to be an in- Mr. MARKEY. Mr. Chairman, I yield As a Member from rural America, I dustry which is stalled and is suddenly 2 minutes to the gentleman from Or- have a particular interest in this bill going to restart itself, but that to re- egon (Mr. BLUMENAUER). because Tauzin-Dingell will ensure start it is going to take action from Mr. BLUMENAUER. Mr. Chairman, I that the high-speed access reaches un- this body, then this bill, passed in the appreciate the gentleman’s courtesy in derserved areas by requiring local House and hopefully passed in the Sen- yielding me this time and for his lead- phone companies to provide access ate, is going to lead to a restarting of ership in trying to focus on the posi- throughout the country. This will broadband, which more than anything tive legacy of the Telecommunications guarantee that small towns and rural else I can name will restart the growth Act of 1996. areas, all but ignored today, have ac- of America’s economy, something that The Act required that the Bell com- cess to true information-age opportuni- is sorely needed. panies enter the long-distance Internet ties. Mr. DINGELL. Mr. Chairman, how market by opening their local markets And as a business owner, I know that much time do I have remaining? to competition, and this has simply not competition empowers consumers by The CHAIRMAN pro tempore. The occurred. That is why today’s legisla- forcing companies to provide better gentleman from Michigan has 9 min- tion that would deregulate broadband products and better services at cheaper utes remaining. services is opposed by consumer protec- rates. By removing the unfair regu- Mr. DINGELL. Mr. Chairman, I re- tion groups and 31 State public utility latory barriers that discourage phone serve the balance of my time. commissions, including the PUC in my companies from investing in Mr. TAUZIN. Mr. Chairman, I am State of Oregon. broadband, this bill will ensure real pleased to yield 2 minutes to the gen- They are concerned in part that this competition in the marketplace. tleman from Virginia (Mr. SCHROCK). deregulation could severely hurt con- At present, we have no competition Mr. SCHROCK. Mr. Chairman, I sumer service. It would limit consumer in the high-speed data market. What is thank the gentleman for yielding me revenues over complaints with tele- worse, we have no coherent national this time and for his leadership and the communication services, especially in policy to encourage the deployment of leadership of the gentleman from those instances where consumers are high-speed Internet services. Instead, Michigan (Mr. DINGELL) as well. unable to be provided relief for poor we have a regulatory regime that ap- As a member of the House Committee service or high rates. plies a massive set of bureaucratic on Armed Services, I frequently discuss Talk to the people back home. I have rules designed for old telephone voice the importance of redundancy in our got an earful. service to the brave new world of the information infrastructure. Redun- Additionally, as somebody who has Internet. These rules discourage in- dancy is essential to a strong national been deeply, deeply impressed with the vestment by the very companies most defense. Because if our information impact of the e-rate, I am concerned able to lead the way in bringing high- only has one path to travel, times of that it puts at risk those important in- speed Internet service to every Amer- emergency can make it difficult for in- vestments for our schools and our li- ican in this country. formation to travel at all. braries. H.R. 1542 replaces these anticompeti- Redundancy in our system is essen- tive rules with a sound regulatory tial to ensuring confidence in our infor- b 1300 framework that encourages investment mation infrastructure during times of But most ironic for me is the allega- and enables competition in the mar- emergency and to plan for information tion somehow that we are going to be ketplace. And it is for those reasons technology growth in the future. Tau- extending these services to the rural that I urge a ‘‘yes’’ vote on H.R. 1542. zin-Dingell will use both the carrot and areas, bringing broadband to them. Mr. MARKEY. Mr. Chairman, I yield the stick in encouraging telephone Well, point in fact that this legislation myself 3 minutes. companies to expand our high-speed would in fact require all of the central Mr. Chairman, the importance of this data transmission infrastructure, thus offices to be upgraded within 5 years; it debate can only be understood by look- making our country less vulnerable to does not require that the DSL upgrades ing at history. If the monopolies had a communications shutdown in times be extended from those offices. Homes their way, we would still have one of emergency. that are located further away would phone company. We would have one When there are two high-speed net- still continue to be dependent on sat- company providing cellular phone serv- works capable of handling the ellite, cable or wireless broadband. ice. We would have one company pro- broadband needs of the country, both Making matters worse, most of the viding Internet service. That was their cable and telephone, one could be Baby Bells do not even serve the rural vision in 1980, 1982, 1984. But our coun- pressed into service if the other is dis- areas that ostensibly are going to be try decided that our great opportunity abled. The bill we vote on today re- served under the enactment of this bill. was to unleash the technological and quires the phone companies to equip all I strongly urge rejection of the pro- entrepreneurial skills of our country. their local offices with high-speed data posal. We believed that hundreds of compa- transmission within 5 years. Without Mr. TAUZIN. Mr. Chairman, I yield nies could compete in this tele- this legislation, neither the incentive 15 seconds to myself to correct the communications sector, that it did not nor the requirement will be there for record. have to just be a story about one com- the Bell companies to expand their net- Mr. Chairman, the bill does require pany. works. that all persons and all communities be We can look at analogies. We had one Nineteen percent of our country has served within 5 years, even outside of long distance phone company. In all of no high-speed data service at all, and 48 the 3-mile limit from the central office, our families when we were younger, it percent have only one network in and requires other technologies to be was a big day when someone was on the

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.039 pfrm04 PsN: H27PT1 H580 CONGRESSIONAL RECORD — HOUSE February 27, 2002 phone calling grandma because some- panies, and not just to get a job with lion homes and businesses that cannot body would be yelling in the back- Ma Bell. That is not a vision for the fu- purchase this service, even if they wish ground, ‘‘Remember, that call is long ture; it is a vision looking in a rear- to do so. I urge passage of this legisla- distance. Hurry up and finish,’’ because view mirror. tion so that we can make real progress those calls were so expensive. Mr. Chairman, I reserve the balance without regard to the technology avail- The Bells said it was impossible to of my time. able at the time toward bridging the have low-cost long distance, but once Mr. TAUZIN. Mr. Chairman, I yield 1 digital divide and bring high-speed MCI and Sprint and dozens of other minute to the gentleman from Ne- Internet access to schools, businesses companies got in, we reached a point braska (Mr. TERRY), a member of the and residents through the country. where it became so inexpensive to Committee on Energy and Commerce. Mr. TAUZIN. Mr. Chairman, I yield 1 make long-distance calls that now ev- Mr. TERRY. Mr. Chairman, I rise in minute to the gentleman from Virginia eryone thinks it is normal just to call support of this bill. I represent a fairly (Mr. GOODLATTE), a member of the to another State. urban district in Nebraska; but once I Committee on the Judiciary. In cell phones, we had a situation step out of that district, it is very (Mr. GOODLATTE asked and was where there were only two companies rural. And I stand here sticking up for given permission to revise and extend in the cell phone business, and they our rural America which has, I feel, his remarks.) were both analog. Only at the point at been grossly neglected in providing Mr. GOODLATTE. Mr. Chairman, I which the third, fourth, fifth and sixth these types of services. thank the gentleman for his leadership on this critical issue, as well as the company got in and went digital did The FCC recognized the potential im- gentleman from Michigan (Mr. DIN- the telephone companies, who had the pact of broadband on rural America GELL). As the third sponsor of this im- original license, decide they were going when it noted ‘‘a lack of broadband in- portant bill after the gentleman from to go digital, too. This is not ancient frastructure could limit the potential of these rural communities to attract Michigan, I believe this legislation is history, this is 1984, 1985. We are not long overdue. deep into this revolution. The Bells in- and retain businesses and jobs, espe- cially businesses that are dependent on Back in 1999 I introduced, along with vented these technologies, but they the gentleman from Virginia (Mr. BOU- had not deployed them because they electronic commerce.’’ We have seen this in Nebraska where they look for CHER), legislation similar to H.R. 1542 did not have any competition. new employees, and they will go into a that would have provided long-overdue The essence of what we tried to do in regulatory parity for the Internet by 1996 and in each of those earlier big rural community, but they need to transfer the data. What we need to do, lifting some of the discriminatory bur- moments was to induce massive para- dens on the incumbent telephone com- noia in the incumbent company so they and what this bill does, is it breaks down a barrier for DSL which is going panies as they seek to provide had to move faster than they would broadband Internet services. have otherwise. In this digital, Dar- to be the leading market for broadband in rural communities. It eliminates the We introduced this legislation be- winian world, that is the key to Amer- disincentive of the companies to offer cause we believed then, and still be- ican success. It is not a story tied to this type of service. For the sake of our lieve now, that the government should one company whose picture is always rural communities, I urge passage of not be in the position of picking win- on the cover, one company whose pic- this bill. ners or losers. There is no clearer ex- ture is always on the cover of Fortune Mr. DINGELL. Mr. Chairman, I yield ample of the need to reexamine the un- or Forbes. It is the story of a country intended effects of laws enacted by 11⁄2 minutes to the gentleman from that is on the cover, number one look- Congress than to look at the inter- Ohio (Mr. SAWYER). ing over its shoulder at numbers two, Mr. SAWYER. Mr. Chairman, I rise LATA restrictions and unbundling re- three, and four in the world because we in support of this legislation. It is true quirements placed on the phone compa- have so many companies we do not that the future of telecommunications nies in the 1996 Telecommunications know all of their names. is full of uncertainty as we attempt to Act. These requirements, intended to That is where we are in cell phones anticipate the interplay of new tech- encourage competition in voice teleph- today in terms of the multiple choices nologies and market conditions and ony, have been wrongly applied to the which Americans have. That is where consumer preferences with the old. Our delivery of broadband Internet services we are in long distance. The revolution job is to work to make sure that the by the incumbent telephone providers. This is especially true in rural areas that we are talking about here today is industry competes fairly in all sectors like many parts of my district. The ar- a revolution of Internet service pro- and across the geographic vastness of rival of broadband Internet to rural viders. There are hundreds of them out this American society. there. It is a revolution of smaller com- This bill accomplishes that goal. areas is like the arrival of the railroad petitive local exchange companies. Central to my support of this legisla- in the 19th century. If it ran through a town, that town was connected with There are dozens of them out there. tion is the build-out requirement that the new economy; that town thrived. If That is the revolution. The Bells in- will take a major step toward bridging it missed a town, that town was a vented DSL. Had they deployed it be- the digital divide. Currently, only ghost town. Support this legislation; fore the 1996 Act? No, they had not. It about half of U.S. residents have access do not turn rural America into a ghost was still sitting in their laboratories. to broadband and just 8 percent actu- Once the other companies were out town. ally subscribe to this service, most of Mr. DINGELL. Mr. Chairman, I yield and moving, did they start to deploy? them living in wealthier urban areas. 11⁄2 minutes to the gentleman from Members better believe that they The build-out provision, which the gen- Texas (Mr. GREEN). started to deploy. Scores of companies tleman from Illinois (Mr. RUSH) and I Mr. GREEN of Texas. Mr. Chairman, were created. And all of the other com- coauthored in committee, will ensure I thank the gentleman for yielding me panies ultimately were the key to the that underserved areas, such as inner this time. I rise in strong support of Bells finally beginning to move. This is cities or small towns in rural America, H.R. 1542. The digital transition has a story that we are seeing over and can access high-speed Internet serv- stalled with the collapse of the Inter- over and over again. A vision of one ices. net bubble. Cable companies now con- company, or a vision of so many com- The provision requires local phone trol 70 percent of the consumer panies we cannot know their names. companies to upgrade their facilities, broadband connections in our country. Something that was called the speeding the availability of broadband Meanwhile, DSL and the digital sub- NASDAQ. That is what happened after to 100 percent of their central offices, scriber line service offered by local 1996. and clearly our intent is by whatever telephone companies lags far behind, So I ask each Member to please un- technology available at the time, to all and is hindered by the outdated analog derstand how central this is to a vision of their customers, reaching schools phone regulations. of where the children in the country and businesses and residents through- today are going to be working 5 and 10 out their service areas. b 1315 years from now. It is getting the skill In my home State of Ohio, this would Mr. Chairman, I want to show my sets to work in these competitive com- guarantee high-speed access to 2.4 mil- colleagues, because I know they have

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.049 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H581 seen it in our publications here on the ital divide with broadband, and not relegate My district is geographically diverse, Hill, an ad that is only partially true. rural communities to the wrong side of an one-third urban, one-third suburban, This ad shows four cute little pigs, ever-widening information gap. Everyone one-third rural. Some have high-speed each one representing supposedly a should have the opportunity to access the Internet access but most do not. I want Bell operating company. Below all the most advanced technology. all of my constituents to have little pigs is a number representing the The United States has been a consistent broadband access no matter where they percentage increase that they say of leader in developing technology. If we want to live. DSL subscribers for the different Bell maintain this leadership role, we must encour- The question before this House is, operating companies last year. age the deployment of technology that bene- what can we do to facilitate high-speed Reading this ad, one would wrongly fits all of us. Technology is the key to our fu- Internet access? assume that DSL service offered by ture. Over the past couple of years, I have local phone companies is the number Mr. TAUZIN. Mr. Chairman, I am considered that question very care- one way consumers get broadband ac- pleased to yield 11⁄2 minutes to a distin- fully. Last year, I participated in a cess. However, this ad is only partially guished member of the Committee on technology roundtable discussion in true. They have had some success in Commerce, the gentleman from Penn- Dodgeville, in Iowa County, Wisconsin. signing up folks, but they still only sylvania (Mr. GREENWOOD), the chair- It was sponsored by the local Chamber have a third of the market. So cable man of the Subcommittee on Oversight of Commerce and included local busi- still has 70 percent of it. and Investigations. ness leaders, educators, students, pub- My colleagues on the floor today and Mr. GREENWOOD. I thank the gen- lic health professionals and local gov- those watching C-SPAN, what is this tleman for yielding me this time, and I ernment officials. ad for? Who is coming by our offices in also thank him for his diligent leader- Lands’ End Corporation, opposition to the bill? We are pointing ship on this very complex issue. headquartered in Dodgeville, the coun- out the big regional Bell companies are Mr. Chairman, I rise in strong sup- ty’s largest employer, told of their so bad, but it is AT&T, MCI and Sprint port of the bill. There are many par- need for high-speed Internet services who are opposing this bill, so we have allels between what happened in the for their website. In the mail order the battle of the elephants. cellular industry and what is hap- clothing business, the Internet has be- No matter what everyone has told us pening in the high-speed data market- come a critical tool. But they had to about broadband, cable is the dominant place. The slow rollout of cellular serv- base their website in the city of Madi- delivery platform in this country. That ice in the 1980s was related to con- son rather than in their headquarters is why we need to make sure this bill tinuing regulation of the service. That in Dodgeville. passes so we can have real competition regulatory phase cost consumers and I also have a constituent who lives in in DSL. the economy billions of dollars. Sig- a farmhouse six miles north of Mr. TAUZIN. Mr. Chairman, I yield nificant deregulation since then, how- Dodgeville who makes specialty such time as he may consume to the ever, has increased subscribership and cheeses that he wishes to market over gentleman from Texas (Mr. SMITH). lowered consumer costs. the Internet. He needs high-speed data (Mr. SMITH of Texas asked and was Wireless growth was actually very capacity to expand his business. The given permission to revise and extend slow at first. By the end of 1988, there service will help the library, the public his remarks.) were approximately 2 million cellular health nurse and the local lumber com- Mr. SMITH of Texas. Mr. Chairman, I subscribers in the entire United States. pany. I am convinced that Tauzin-Din- support this bill as I expect it to be The FCC made an effort to signifi- gell is the best way to achieve amended. cantly deregulate cellular service in broadband deployment to all of my Mr. Speaker, this bill as I expect it to be 1988. This first of two significant de- constituents. amended will create new job opportunities and regulatory events in the cellular indus- Mr. CANNON. Mr. Chairman, I am is a step towards ensuring that all Americans try helped make wireless telecommuni- pleased to yield 3 minutes to the gen- have access to broadband. cations the ubiquitous service it is tleman from Michigan (Mr. ROGERS) The New Millennium Research Council today. Mr. ROGERS of Michigan. Mr. Chair- study found that building a nationwide In December, 1988, the average man, I want to thank the chairman for broadband network would create 1.2 million monthly cellular bill was $98.02 for the what I think is well-intended work on jobs. In addition, it would ensure competition 2 million plus subscribers. Within 4 what he seeks to do and his gracious- between cable and telephone companies, years of the FCC’s deregulatory effort, ness for allowing those in the dissent which will not only spur job growth, but also cellular subscribership reached 11 mil- to stand here today. He does a great encourage the innovation of new Internet serv- lion, while the subscriber’s average job for our Congress here. ices and products. monthly bill dropped by nearly 30 per- I have been down this road before. I We must focus on encouraging economic cent. have been told the same things just a growth, both to help working Americans and to Congress undertook the second major few years ago as a State legislator, help the high tech sector. deregulatory effort in 1993 and to a that this was going to have competi- U.S. businesses waste $11 billion annually great extent deregulated the cellular tion, this was going to bring tech- because employees access the Web through telephone industry. From 1993 to 1998, nology changes, this was going to bring slow dialup modems. Increasing broadband wireless telephone subscribership rose jobs to the great State of Michigan. I access will significantly increase efficiency and from 16 million to 69 million, while the voted that day what I thought was the productivity in the workplace. This is especially average monthly bill has dropped by right direction, because they came in, important to the high tech sector, which drives nearly 50 percent. companies like SBC Ameritech, sat our economy. Increasing its capabilities will Adoption of H.R. 1542 will permit there and said, ‘‘Trust us. We’re going benefit the entire country. telephone companies to provide DSL to do the right thing.’’ What I found Only 9% of U.S. households currently have technologies at a more rapid pace, with was exactly the opposite of that, Mr. broadband Internet access. This bill will en- the same results deregulation of the Chairman, a vote I wish I could take sure that more Americans are able to use this cellular industry produced, more con- back today and a vote I will rectify technology. sumers accessing the technology for today by proudly voting ‘‘no.’’ Broadband holds the key to the newest lower costs. This was an 800-pound gorilla that we technologies. Once broadband is widely avail- Mr. DINGELL. Mr. Chairman, I yield made a 1,600-pound gorilla. What we able, we will have access to innovative multi- 11⁄2 minutes to the gentlewoman from got when we empowered this group media, video and interactive services that to- Wisconsin (Ms. BALDWIN). that was a monopoly and we turned it day’s Internet simply can’t support. Ms. BALDWIN. Mr. Chairman, high- into a deregulated monopoly is that As Microsoft Chairman Bill Gates put it, the speed Internet access is as important this was the same company, SBC lack of broadband deployment is ‘‘the one to our constituents and our Nation’s Ameritech, that sued its own rate- thing holding us back.’’ economy in the 21st century as access payers in the State of Michigan to keep This bill also ensures that rural communities to electricity or telephone service was a line tax on its consumers. This is the will not be left behind. We must close the dig- to our forebearers in the 20th century. same company that, for weeks on end,

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.053 pfrm04 PsN: H27PT1 H582 CONGRESSIONAL RECORD — HOUSE February 27, 2002 there was a website there called fix- Congress distinguished itself. Today, rate to provide access. I think that is a my-phone-now-dot-com where thou- we are being asked to overturn several good thing. I think that provides more sands and thousands of people typed in critical components of that carefully competition. examples of how Ameritech and this crafted agreement; and, if we do, I fear The second issue is the Internet pro- company who was supposed to allow that we will only retard achieving the viders, the long distance providers, the deregulation and competition to pro- goal of promoting broadband access. AT&Ts and MCIs and Sprints, would vide better service were abusing cus- What is preventing broadband access rather that the regional Bell operating tomers in our State. is not the lack of broadband services. companies do not get additional flexi- We had one elderly woman right be- Satellite broadband is universally bility, so they oppose the bill. fore I left who had a husband that was available. About half of all households Again, if we pass the bill, we are ill, 7 weeks, no phone service, 7 weeks, that have a telephone could have going to have more competition soon- could not get an answer from SBC broadband and about 70 percent of all er; and if the bill passes as we expect it Ameritech. At one point, unfortu- cable subscribers could sign up for to be amended, competitors will have nately, the wrong thing happened. Her broadband if they wanted it. Con- access to their copper loop, competi- elderly husband took ill. She had to sumers do not subscribe because they tors will have line sharing access, com- walk almost a mile, at her age, in the do not see the high-value content that petitors will have voice access, and the middle of the night to try to find some- they are willing to pay for. Content is cable companies will not be regulated any more than they are today. body with a phone that worked to get not available in large part because the I urge passage for the bill. care for her husband. producers and owners of that content Mr. TAUZIN. Mr. Chairman, I am This is a life-and death issue. This is and the manufacturers of the products pleased to yield 1 minute to the gen- empowering the same companies like used to watch and transmit that con- tleman from Florida (Mr. WEXLER). SBC Ameritech that have been abusing tent have not come to agreement about Mr. WEXLER. Mr. Chairman, I rise customers in Michigan for years to be- how best to protect its intellectual in support of H.R. 1542. H.R. 1542 pre- come bigger and uglier and less con- property value. Building that demand sents an opportunity to take a major cerned. They control now something for broadband should be our focus, not step toward bringing affordable high- like 85 percent of the market. That is reducing competition. speed Internet service to all Ameri- not competition. That is abuse. There The bill before us eliminates com- cans, toward reviving the high-tech in- is one guy on the block that controls petition by removing the requirement dustry, and toward constructing mul- all the service trucks and when he does enacted in the 1996 Act that Bell oper- tiple broadband networks to assure not feel like getting there, guess what, ating companies open their facilities to communications in times of national he does not come. We saw the fact that CLECs and other providers. This is not crisis. he took money, millions and millions the way to build access to broadband. 1330 of dollars paid by phone users in our It is reinstating monopoly conditions, b great State, to go compete in other not promoting competition. I support Tauzin-Dingell because it States around the country. Good for I urge support for Cannon-Conyers represents the kind of economic stim- Ameritech, bad for Michigan con- and, absent its passage, defeat for H.R. ulus package that America’s workers sumers. 1542. truly need. A recent report issued by That is why, Mr. Chairman, every Mr. TAUZIN. Mr. Chairman, I am Robert Crandall and Charles Jackson consumer group out there says this is a pleased to yield 2 minutes to the dis- indicates that accelerated deployment bad bill. We talk about CLECs and line tinguished gentleman from Texas (Mr. of broadband Internet service would in- sharing and technology and broadband BARTON), chairman of the Sub- fuse $500 billion a year into the Amer- and all this great stuff, and it sounds committee on Energy and Air Quality ican economy. The New Millennium really wonderful, and the economy is of the Committee on Energy and Com- Research Council finds that building a going to come to a screeching halt if merce. nationwide broadband network will the Federal Government does not step (Mr. BARTON of Texas asked and contribute to the creation of 1.2 mil- in and save the day. I could not dis- was given permission to revise and ex- lion new and permanent jobs in Amer- agree more. The free market will get it tend his remarks.) ica. there, but if we stand up for these mon- Mr. BARTON of Texas. Mr. Chair- Mr. Chairman, it is time for Congress sters, if we stand up and empower them man, on the facade behind me, there is to seize this opportunity to revive our and say the same thing you have done a quote from Daniel Webster that be- Nation’s economy through business in- before, you will do again, we will regret gins, ‘‘Let us develop the resources of vestment without cost to the govern- it here in Congress as we did in our our land.’’ That is what we are about ment. Mr. TAUZIN. Mr. Chairman, would State legislature. today. I was a cosponsor of the Tele- the Chair inform all of us how much I urge the rejection of the Tauzin- communications Act of 1996. I was on the conference committee where we time remains on all sides. Dingell bill. The CHAIRMAN. The gentleman Mr. MARKEY. Mr. Chairman, I yield worked out the final details with the from Louisiana (Mr. TAUZIN) has 51⁄2 2 minutes to the gentlewoman from Senate. minutes remaining; the gentleman California (Ms. HARMAN). In 1996, the Internet was in its in- from Massachusetts (Mr. MARKEY) has (Ms. HARMAN asked and was given fancy and we did not explicitly say in 1 minute remaining; the gentleman permission to revise and extend her that Act how to legislate on from Michigan (Mr. DINGELL) has 41⁄2 remarks.) broadband. So today we are on the minutes remaining; and the gentleman Ms. HARMAN. I thank my friend for floor to perfect the Telco Act of 1996. from Utah (Mr. CANNON) has 3 minutes yielding me this time and stand here as The issue is complex, but you can remaining. the rookie member of the Committee boil it down to several somewhat sim- Mr. CANNON. Mr. Chairman my un- on Energy and Commerce with some plistic elements. derstanding is that the gentleman from trepidation because I am opposing a Number one, everybody who wants to Michigan (Mr. CONYERS) also has an- bill supported by my chairman and provide broadband through the Bell op- other 10 minutes? ranking member. Nonetheless, I believe erating companies today has the right The CHAIRMAN. That is correct. the bill before us effectively unravels to do that. The question is what the re- Mr. DINGELL. Mr. Chairman, I yield the careful balance Congress struck imbursement is to the regional Bell op- such time as he may consume to the with the enactment of the 1996 Tele- erating companies. The way the FCC distinguished gentleman from Alabama communications Act and in doing so has interpreted the current Act, they (Mr. HILLIARD). fails to promote consumer access to have to do it at a below-market rate. (Mr. HILLIARD asked and was given high-speed Internet services. So, obviously, the regional Bell oper- permission to revise and extend his re- The 1996 Telecom Act was the prod- ating companies do not want to do it marks.) uct of extensive debate on the House very much. This bill, if it passes, lets Mr. HILLIARD. Mr. Chairman, I wish floor and the adoption of carefully the Bells build out the broadband net- to educate those on the other side and crafted amendments. I was there, and work but lets them charge a market rise in support of the bill.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4634 Sfmt 9920 E:\CR\FM\K27FE7.056 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H583 Mr. Chairman, I rise in support of H.R. present at the conclusion of debate, and the ranking member, competition 1542, the Internet Freedom and Broadband that time will be considered yielded is enormously important. Competing Deployment Act of 2001. This legislation is ex- back. interests on competition and access are tremely important to smaller communities that Mr. TAUZIN. Mr. Chairman, if I can important. have, as yet, not shared in the high-speed make a further parliamentary inquiry, Mr. Chairman, I think today that Internet access being deployed in larger met- the normal procedure for us to debate this debate will focus on and emphasize ropolitan areas. general debate on a bill is that time is the fact that we can have access, which H.R. 1542 will accelerate deployment of used equally by proponents and oppo- is so key, and competition. I believe high-speed Internet connections. The current nents. If one of the opponents is saving that the next generation Internet, regulatory bottleneck created by over-regula- 10 minutes to be used after debate is all broadband Internet, offers even more tion is stifling the growth and vast potential of finished, that disrupts the normal pro- potential distance learning and tele- the Internet. The bill provides for local tele- cedure of the House. I would inquire as medicine applications that will help communications companies to accelerate de- to why this is being allowed. the elderly and those unable to travel. ployment of broadband networks and services The CHAIRMAN. The Chair is in- Just a few minutes ago I was in a to consumers. In the spirit of the Internet, formed that recognition for general de- hearing on NASA, and one of the once networks are deployed, innovative com- bate proceded out of sequence because strong suits on supporting NASA and panies will develop and offer new services on part of the Committee on the Judi- space is the ability to treat, if you will, a more universal basis. ciary’s allotted time has already been diseases and the research that comes H.R. 1542 will significantly improve the used by the gentleman from Utah (Mr. about through space travel. This economies of deploying high-speed services in CANNON) and the gentleman from Wis- broadband extension will create access rural communities. Today, many of the very consin (Mr. SENSENBRENNER). to those who do not have the ability to companies that serve rural America are de- Mr. TAUZIN. Mr. Chairman, I wonder access expertise, research health care nied the incentives necessary to bring ad- if the Chair would call on the gen- that they could not get. vanced services to these areas. A recent NTIA tleman from Michigan (Mr. CONYERS) The two amendments, the Upton- study showed that the digital divide is most to use this time as we are using our Green amendment and the Buyer- severe for African-Americans living in rural time so that this debate can be bal- Towns amendment, will reinforce the areas. Only 24.4 percent of African-Americans anced as we go forward. My concern is responsibility of the FCC to ensure living in rural areas have dial-up Internet ac- that if an opponent who has time in his competition by increasing penalties, cess. This legislation will allow companies to pocket waits until the very end of the making sure that those who are subject develop viable business plans that will help debate and then uses it all, then it very to deregulation do what they are sup- bridge the digital divide with broadband Inter- much unbalances this debate. That is posed to do to serve the American peo- net access. not normal procedure for this House. ple. Mr. Chairman, I urge my colleagues to sup- The CHAIRMAN. The gentleman This is a step forward. Let us not let port H.R. 1542, the Internet Freedom and from Louisiana (Mr. TAUZIN) does have happen to us what happened with the Broadband Development Act of 2001. the right to close general debate; and superconductivity lab, where we lost PARLIAMENTARY INQUIRIES when that begins, that will conclude the ability to do that research and it Mr. TAUZIN. Mr. Chairman, I have a debate. went to Europe. Let us be in the fore- parliamentary inquiry. Mr. TAUZIN. The Chair has satisfied front of the access to broadband and The CHAIRMAN. The gentleman will the gentleman in his request. I thank make a difference for Americans and state it. the Chair. ensure that rural and urban areas can Mr. TAUZIN. Mr. Chairman, I would Mr. MARKEY. Mr. Chairman, on be- be heard. like to inquire of the Chair, did I hear half of the gentleman from Michigan Mr. Chairman, if I may say to the you to say the gentleman from Michi- (Mr. CONYERS), there was a piece of er- distinguished gentleman, as the gen- gan (Mr. CONYERS) had an additional 10 roneous information which was given tleman well knows, I had an amend- minutes not being used at this time, to the gentleman, which was that the ment that talked about the idea of because we are trying to allocate time Committee on the Judiciary’s portion making sure the digital divide would between proponents and opponents as of this debate would take place subse- be closed. I would ask, and I see my equally as possible. quent to the conclusion of the Com- ranking member standing, that is my The CHAIRMAN. The gentleman mittee on Energy and Commerce por- concern, having met with 40 of my from Michigan (Mr. CONYERS) from the tion. As a result, he went back to his community, that we are able to close Committee on the Judiciary does have office. I am reliably informed he is on the digital divide and make sure that 10 minutes of debate time. his way back over here in order to inner-city neighborhoods, Hispanics Mr. TAUZIN. Is the gentleman from claim that time. and African Americans are having ac- Michigan (Mr. CONYERS) present to use This is not something that is being cess. that time? done in any way to undermine the nor- Mr. DINGELL. Mr. Chairman, will The CHAIRMAN. The Chair does not mal procedural order out here, but the gentlewoman yield? see the gentleman from Michigan (Mr. rather just a piece of information Ms. JACKSON-LEE of Texas. I yield CONYERS) present in the Chamber. which was given to him personally; and to the gentleman from Michigan. Mr. TAUZIN. What happens to the he is on the way back over here be- Mr. DINGELL. Mr. Chairman, the an- time if the gentleman from Michigan cause he does want to participate in swer to that question is yes. (Mr. CONYERS) does not appear to use this debate. Mr. TAUZIN. Mr. Chairman, will the it? The CHAIRMAN. When the gen- gentlewoman yield? Mr. DINGELL. Mr. Chairman, further tleman does arrive, he will be recog- Ms. JACKSON-LEE of Texas. I yield parliamentary inquiry. If the gen- nized. to the gentleman from Louisiana. tleman from Michigan (Mr. CONYERS) is Mr. TAUZIN. Mr. Chairman, we cer- Mr. TAUZIN. Yes. not on the floor to control time, what tainly accept that explanation and un- Ms. JACKSON-LEE of Texas. Mr. happens? derstand it. Chairman, reclaiming my time, we will The CHAIRMAN. The gentleman’s Mr. Chairman, while we are awaiting work on that matter together. I thank time will remain available until all the arrival of the gentleman from both gentleman. other debate time has expired. Michigan (Mr. CONYERS), I am pleased Mr. Chairman, I believe we must view this Mr. DINGELL. Mr. Chairman, further to yield 11⁄4 minutes to another great important legislation before us, H.R. 1542, in parliamentary inquiry. What is it the Member, the gentlewoman from Texas light of the creation and progress of the Tele- Chair is telling us then? If the gen- (Ms. JACKSON-LEE) communications Act of 1996, which was de- tleman from Michigan (Mr. CONYERS) is (Ms. JACKSON-LEE of Texas asked signed to increase competition, quality and af- not here and we conclude the debate, and was given permission to revise and fordability of service universally, and the elimi- what happens? extend her remarks.) nation of the digital divide. The CHAIRMAN. If the gentleman Ms. JACKSON-LEE of Texas. Mr. During the passage of this Act, which from Michigan (Mr. CONYERS) is not Chairman, I would say to the chairman passed with overwhelming majorities in both

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4634 Sfmt 9920 E:\CR\FM\A27FE7.008 pfrm04 PsN: H27PT1 H584 CONGRESSIONAL RECORD — HOUSE February 27, 2002 the House and the Senate and was signed build out their high-speed data networks. The digital divide must be approached on into law by President Clinton, I served on the Competition to build out their high-speed data many different levels. Data from the Bureau of Conference Committee and had particular in- networks. Competition to build multiple Labor Statistics show that the hiring of African sight into the problems and potential solutions broadband networks will spur job growth as Americans in high technology has improved that plagued the deployment of service to all well as development of new and lower-priced only slightly during the past decade. The sectors of the American population. Internet services for consumers.’’ growing workforce of our country and the Having had such a significant role in the It is clear that because this bill allows the strength and growth of the High-tech industry process, I am clear that the primary purpose Bells to carry Internet traffic across current must make it a priority to train our own work- of the Act was to promote competition and re- LATA long distance boundaries, the costs the ers, before hiring highly specialized foreign duce the regulatory burden in order to lower Bells currently must pay to other communica- workers. prices and increase quality services for all tions companies to transmit data traffic will While I am an advocate of the H–1b pro- Americans. It was intended that this would en- necessarily be eliminated, resulting in greater gram which brings foreign workers to the courage the rapid deployment of new tele- competition and cost savings for all Internet United States, I also support efforts to contin- communications technologies, in such a way providers and their customers. ually train and update the skills of incumbent that increased access for all Americans in In my state of Texas and in Houston, which American workers, and to promote such em- order to eliminate the digital divide which in I represent, this 1996 Act has had a profound ployees where possible. terms of barriers to jobs, education, and trade. impact on the quality and level of service pro- High-tech employers should take construc- At that time, it was evident that the tele- vided to the residents and businesses. The tive steps to recruit qualified American workers communications landscape was rapidly chang- local service provider, Southwestern Bell, has who are members of under represented minor- ing, and the manner and speed of such devel- had a long and distinguished history of out- ity groups, recruit at historically black colleges opment could not be precisely ascertained. On standing telecommunication service to both and universities, and advertise jobs reaching the horizon was the merging of telecommuni- the private and business sector. I have found out to older and disabled Americans. cations, video, and computers into one me- them to be responsive and proactive in bring- It is also important that high-tech companies dium originally intended to only carry voice or ing together private and public interest in the provide equal employment opportunities to analog transmissions. pursuit of high standards and corporate good United States workers in rural communities. Today, five years later the Internet and tele- will, and I thank them for their good work. With the leadership of CBC Members from communications technology have come a long The importance of such services and rural districts, I advocated last year the propo- way in fulfilling the promise of improving the broadband technologies furthers our goals of sition that those living in rural communities will lives of all Americans. However, despite the increasing the quality of life and bringing peo- have the opportunity to secure positions in the positive effects of the Act and other legislative ple together through such applications as dis- rapidly expanding job market. efforts to eliminate these problems, the digital tance learning education, medical information I am pro-labor and pro-business as I come divide remains pervasive throughout this na- links, on-line health clinics, home security, from a city that has over 1000 companies that tion. teleconferencing, and greater effectiveness specialize in information technology. This I believe that the bill before us, H.R. 1542, and accountability for our law enforcement should be a non-partisan issue. Estimates while not perfect, addresses many issues con- professionals. show that African Americans make up 11 per- fronting us in the new information age. I be- Broadband is, in the truest sense, the future cent of information technology workers, and lieve that appropriate and targeted deregula- of telecommunications, advancing our needs that Latinos make up another 7 percent. tion of broadband services is necessary at this through such media as cable, digital sub- Those numbers show that our communities juncture in order to stimulate greatly needed scriber line (DSL), satellite, fixed wireless, and have a share of jobs that positively reflects our and increased investment in high-speed Inter- others. share of the work force. net services throughout the Nation. Currently, many offices and business have In a statement issued written by Hugh Price, Such measures are necessary in order to access to these technologies. But the great the President of the National Urban League, level the regulatory playing field with cable, challenge for this industry and for Congress is he states that, ‘‘In the State of Black America which essentially dominates the market, in to insure that all Americans have the same 2000, the League showed that African Amer- order to stimulate competition to the benefit of level of access, and the same quality and af- ican college attendance was now increasing at all Americans. The result should be affordable fordable service, particularly, to our rural and a faster rate than whites. The National broadband access to more customers, while undeserved areas, which have been tradition- Science Foundation has found that African also helping to stimulate the economy and ally left behind in this revolution. American college students are nearly twice as eliminate the digital divide. It is for these areas of the general popu- likely as white students to major in computer I was moved by several letters to Congress lation that this legislation before us today has science. So, it is very important that the cur- last week. Cynthia Jones, from Houston wrote potentially sweeping ramifications in the way rent, and future, diversity of the information ‘‘Dear Rep. Jackson Lee . . . Access to high- we deploy and service broadband to Ameri- technology work force be maintained, and pro- speed Internet connections is crucial to con- cans in every community and home in this Na- tected. sumers and communities in today’s economy tion. While the digital divide appears to be shrink- . . . I strongly urge you to support (H.R. The need to secure and promote competi- ing, much more work is needed. According to 1542).’’ tion is a crucial component in this evolution, ‘‘A Nation Online’’, only one in four of Amer- In another letter, The Hispanic Technology particularly in the crucial sector of the Amer- ica’s poorest households were online in 2001 & Telecommunications Partnership which rep- ican economy which has been left behind the compared with eight in ten homes earning resents 40 million Hispanic Americans on pub- broadband superhighway. over $75,000 per year. Even more striking is lic policy issues effecting technology and Inter- However, because of the depth and impact the fact that this gap expanded dramatically net issues wrote ‘‘H.R. 1542 establishes na- of the bill before us, I believe that we should between 1997 and 2001. tional policy that will set equitable rules and utilize the full resources and insight of all of More women and minorities in the United regulations for all broadband/high-speed Inter- the Members of this House in order to arrive States are using the Internet. About 23 per- net service providers. This, in turn, will create at the most comprehensive and inclusive cent of African Americans and 36 percent of an economic and regulatory environment that piece of legislation that effectively serves the Latinos in the U.S. use the Internet, and those will ensure Latino inclusion in a society that in- needs of all Americans. numbers will reach 40 percent and 43 percent creasingly depends on high-speed commu- Specifically, the need for increased attention respectively by next year, according to recent nication for education, commerce, telecommu- to the serious problem of the digital divide is statistics. nicating, and service delivery.’’ imperative. To this end, on February 21, 2002 One hundred thousand tech jobs in Texas In another letter the AFL–CIO wrote ‘‘H.R. I met with forty members of the Americans for and half a million jobs in the United States are 1542 would . . . stimulate build-out (into rural Technology Leadership to address this impor- unfilled, reports Terry Hiner, a former teacher and urban underserved areas) by telephone tant issue. who now works for Girlstart. companies . . . creating jobs and driving inno- I have been working on this issue for the Texans deserve this type of access to the vation in internet services.’’ past several years by working with Members Internet through the technology that best Finally, the Communications Workers of of Congress to try to persuade the High-tech meets their needs. Until now, low population America who wrote ‘‘H.R. 1542 is necessary industry to hire, recruit and retain more minor- density and expansive geographic distances to ensure continued vibrant competition be- ity Americans. This meeting was a continu- have made it difficult to provide certain types tween cable and telephone companies as they ation of that progress. of services in certain areas. As thousands of

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\A27FE7.009 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H585 workers from Texas know first-hand, the tech- derserved communities, and particularly towns, only 5 have access to broadband or nology and telecommunications industries schools, libraries, and historically Black and high speed internet. have suffered massive slowdowns over the Hispanic schools and institutions of learning. The lack of broadband access limits the past year, which has dragged down the U.S. It is my greatest hope that we may consider economic potential of rural communities, hin- economy. these amendments so that we may strike the dering their ability to attract businesses and These sectors have served as a driving right balance in reducing the regulatory burden retain jobs—especially in today’s economy force in our economy for years, and the col- while eliminating the digital divide in this coun- where e-commerce plays such a huge role. lapse has harmed millions of workers and in- try for all Americans. Just as a lack of sufficient traditional infra- vestors. In addition to thousands of layoffs— Mr. DINGELL. Mr. Chairman, I yield structures such as roads and sewer systems more than 292,000 telecommunications work- 11⁄2 minutes to my friend, the distin- can deter businesses from operating in rural ers this year alone have announced spending guished gentleman from Illinois (Mr. areas, so too does the lack of technological in- and investment cuts in the billions of dollars. RUSH). frastructures like broadband. The Administration has abandoned the fight Mr. RUSH. Mr. Chairman, I rise in Unless we act now to fix this inequity, the to bridge the digital divide. In its FY 2003 support of this bill. Today, fewer than absence of an efficient information super- budget, the White House cut over $100 million 10 percent of U.S. households have highway will continue to be a barrier to eco- in public investments previously available for broadband Internet access; and in nomic development in rural areas. This bill, community technology grants and IT training urban and rural areas, broadband Inter- H.R. 1542 will help break down many of these programs—programs that offer real payoffs to net access is practically nonexistent. barriers. rural communities, the working poor, minorities During debate on this bill in com- But the potential benefits of broadband de- and children. mittee, the industry proponents of the ployment to rural America aren’t just eco- To fully address the important issue of the bill argued that if given regulatory re- nomic. They are also educational. digital divide, and to ensure that the competi- lief, they would deploy broadband serv- With broadband capabilities, rural schools tive aspects of this bill are fully addressed, I ices in underserved areas. So in an ef- would be able to connect their students to new would have hoped for the opportunity for all fort to hold them true to their word, I, learning opportunities across the country—and amendments to be fully discussed and de- along with my colleague, the gen- even around the world. bated. tleman from Ohio (Mr. SAWYER), of- In my home State of West Virginia, there I believe that more amendments allow for a fered the Rush-Sawyer amendment are many schools that are severely handi- greater and more robust debate and examina- that requires the Bell operating compa- capped from offering the maximum amount of tion of potential solutions to the broadband nies to offer high-speed Internet to access and training on the internet because of problems that American faces. That’s why I urban, poor and urban areas within 5 the lack of broadband access. support the amendment offered by Congress- years through DSL or other alternative Teachers and students from Braxton Middle man TOWNS and BUYER which seeks a com- technology. School have told me of how broadband tech- promise on the important issue of ‘‘line shar- The rationale for this amendment nology is something they desperately need but ing’’, allowing the CLECs access to the was simple: to ensure that previously do not have access to. RBOCs copper wire and fiber lines, and em- overlooked and underserved commu- Mr. Chairman, these students of Braxton powers the FCC to set ‘‘fair and reasonable’’ nities have access to quality connec- County, as well as many others in rural Amer- prices for such usage. In return, however, it tions such as broadband and that they ica, will someday be a part of our Nation’s requires the CLECs to build their own ‘‘remote are no longer left on the fringes of the workforce. But we will fail to properly prepare terminals’’ as opposed to using those of the digital revolution. and educate them to become the workers of Bells. Today opponents of this bill will the 21st century if we do not give them the Additionally, Congressman UPTON’s amend- argue that giving the Bells’ regulatory necessary tools—and that includes high speed ment which provides for greater enforcement relief will undermine local competition internet access. and penalties in the event that the Bells vio- in the voice market. Let us not be Mr. Chairman, this bill holds tremendous late the provisions of the 1996 Act helps us in fooled. This bill is only about one thing promise for the development of my home considering whether competition is alive and and one thing only: urban poor and State of West Virginia and the rest of rural well. This amendment was offered in Sub- rural areas within 5 years having to America. committee, then withdrawn. In pertinent part, it have alternative Internet technology. I urge my colleagues, whether from an gives the FCC cease and desist authority and Mr. Chairman, no competition equals urban areas or a rural location, to support provides for forfeiture penalties for failure to no access and no choices, and no H.R. 1542 and close the digital divide. comply with the 1996 Act. choices equal higher prices. Therefore, Mr. TAUZIN. Mr. Chairman, I am Similarly, Congressman CONYERS’ amend- it is a no-win situation for the con- pleased to yield 2 minutes to the dis- ment ambitiously seeks to ensure, above all sumer. I urge my colleagues on both tinguished gentleman from Texas (Mr. else, that this bill complies with both the letter sides of the aisle to support H.R. 1542, ARMEY), the majority leader of the and the spirit of the 1996 Telecommunications the Tauzin-Dingell bill. A vote for H.R. House. Act I terms of competition and access for all 1542 is a voice for more competition Mr. ARMEY. Mr. Chairman, I thank Americans. and more choices, lower prices and the gentleman from Louisiana for Finally, the amendment that I offered, which guaranteed access. yielding me time. Let me thank the was not taken up, recognized that legislation, Mr. TAUZIN. Mr. Chairman, I yield gentleman from Louisiana and the gen- which leaps ahead of adequate study and re- such time as she may consume to the tleman from Michigan for bringing this flection, could easily undermine the current gentlewoman from West Virginia (Mrs. bill to the floor. course we are on in developing our workforce CAPITO). Mr. Chairman, I am about to suggest and bridges the digital divide. To this end, my (Mrs. CAPITO asked and was given that I very likely might be that Mem- amendment mandated, in pertinent part, that permission to revise and extend her re- ber of the House who has studied on the FCC conducts a study of the impact of the marks.) this legislation more than any Member amendment made in this section on: (A) the Mrs. CAPITO. Mr. Chairman, I rise to sup- not on this committee or perhaps the deployment of high speed data services to port H.R. 1542—the Internet Freedom and Committee on the Judiciary. I have urban and rural undeserved areas; (B) the Broadband Deployment Act. studied on this legislation from the rates for telephone data services; (C) the This plan is hugely important for my home point of view of seeking that super- number and quality of the choices available to State of West Virginia and the rest of rural mighty application that will get the consumers in selecting providers of telephone America. whole world to sign up for a big old fat and data services; and (D) growth and the We’ve heard a lot of talk about the digital di- pipe called broadband, whether it be level of competition in telephone and data vide—the GAP in access information tech- cable, DSL, or whatever. services. It also requires the FCC to report to nology between rich and poor. But the digital I have studied to the point where I Congress within one year after the date of en- divide also exists between urban and rural have gone out in the marketplace and actment of this Act. America, and that’s just as critical. sought my alternatives between wire- Also, it included a Sense of Congress that Today, about 1 out of every 4 Americans less cable and DSL; made a decision; nothing in the bill should impact negatively on lives in a community with less than 10,000 purchased my DSL; brought my DSL the closing of the digital divide in rural and un- people. But for every 100 of these small home; installed it myself; and had that

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.012 pfrm04 PsN: H27PT1 H586 CONGRESSIONAL RECORD — HOUSE February 27, 2002 marvelous magic moment when it ac- I would encourage my colleagues to which require the local monopoly fa- tually went. And what an exciting day vote for this bill and to look forward to cilities to be open to competitors. So that was to start shipping Hank Wil- the opportunity of moving this legisla- what the bill on the floor does is give liams over the Internet, just like I tive process even further through the the local Bell monopolies a license to owned every one of those songs. line, to the ultimate conclusion of me exclude. So it is exciting, and it fits right in having every one of my grandchildren Now, if that were not bad enough, we to an overriding belief that I have: we, on a big old fat broadband sending pic- have an amendment, a modest amend- Mr. Chairman, you and I, we are living tures to his grandpa on a daily basis ment offered by myself and the gen- over what very likely is the most excit- wherever they live in America, urban, tleman from Utah (Mr. CANNON), which ing and the most fascinating economic rural or wherever. That is, in the end, would correct that, but it is subject to revolution ever certainly in our life- what will make this economy boom a parliamentary process which my col- time. We have seen the agricultural and make us all more well served and leagues will find very interesting. The revolution. Historians have told us entertained by the wonders of this elec- process is called king of the Hill with- about that. Even the industrial revolu- tronic revolution. out a vote. King of the Hill without a tion is history to everybody here ex- vote. That is, if one can get through b 1345 cept the gentleman from Michigan (Mr. Buyer-Towns, then we do not need to DINGELL), who was there at the indus- The CHAIRMAN. The Chair would in- consider Cannon-Conyers. trial revolution. form Members that the gentleman Then it is pointed out, that is the But for us to be here in the middle of from Louisiana (Mr. TAUZIN) has 21⁄4 historical rules. What is the complaint the electronic revolution, what an ex- minutes remaining; the gentleman about? We granted you an amendment. citing time in our history, to see this from Massachusetts (Mr. MARKEY), 1 We forgot to tell you that you would great electronic driving engine. And minute; the gentleman from Michigan also have to defeat another amendment there is a sense that we need to take (Mr. DINGELL), 3 minutes; the gen- which was drummed up to present this the technology one step further in tleman from Utah (Mr. CANNON), 3 min- very same challenge. terms of the lines over which we tra- utes. The gentleman from Michigan So I urge Members to, first of all, verse with this electronics, and that is (Mr. CONYERS) has 10 minutes and will join with me in a close and critical ex- really what this bill is all about. now be recognized. amination of Buyer-Towns, and then We did telecommunications as it af- Mr. CONYERS. Mr. Chairman, I yield we can move on to what I consider to fects voice. Now we are looking at myself such time as I may consume. be the heart of the discussion this day: these new innovations in data trans- Mr. Chairman, I am delighted to be the Cannon-Conyers amendment. mission that we had not even antici- here to merely continue the discussion Mr. Chairman, I reserve the balance pated, even as late as 1997. about some misunderstandings that of my time. I think the chairman of the com- seem to be the basis for advancing this The CHAIRMAN. The gentleman mittee has worked well with everybody very important legislation called Tau- from Michigan (Mr. CONYERS) still has who has been involved. I have watched zin-Dingell. the largest amount of time remaining. the process, I have encouraged the The first is that the Tauzin-Dingell Mr. CONYERS. I do not choose to process, I have participated in the bill will speed up rural deployment of yield at this point, Mr. Chairman. process. We have tried to look for the high-speed Internet. Yet, we have let- Mr. TAUZIN. Mr. Chairman, I reserve well-being of the RBOCs, the long-line ters and comments from the Nebraska the balance of my time. carriers. We have tried to be fair. The Public Service Commission, the Flor- Mr. CANNON. Mr. Chairman, I yield chairman has listened to every argu- ida Public Service Commission, the myself such time as I may consume. ment, conceded every point he could. State of Iowa Utilities Board, the Ten- Mr. Chairman, first, I would like to We have, many of us, and let me nessee Regulatory Authority, the New congratulate the chairman of the Com- bring myself clearly here on this point, Mexico Public Regulatory Commission, mittee on the Judiciary, the gentleman we created the limb on which an awful the Montana Public Service Commis- from Wisconsin (Mr. SENSENBRENNER), lot of people that we call CLECs sion, the South Dakota Public Utilities for his work to correct the flawed crawled out on in 1997. There is some Commission, and the Washington State Goldwasser antitrust decision. This criticism that maybe some of these Utilities and Transportation Commis- horrible decision has been used by the CLECs do not have the best business sion which all say that to eliminate Bell monopolies to shield themselves plan in the world, but what plan they the line-sharing requirements in H.R. from over 100 years of antitrust law so have is the plan they made in accom- 1542 would, in effect, decrease the rate that they can continue to act as mo- modation to the law that we built. So of deployment of competitive nopolists, plain and simple. we have a responsibility for the CLECs. broadband services to resident con- The inclusion of the Goldwasser posi- I have watched the chairman of this sumers. tion is a coup for the telecommuni- committee work hard to deal with the Now, are the Bells a monopoly? Were cations community and reaffirms this CLECs. Hopefully, we have found an ac- the Bells a monopoly? Interesting. body’s decision back in 1934 and again commodation to those CLECs that is, They are getting larger and larger, in 1996 that the antitrust laws do, in in fact, as it were, economically viable; even as a result of the 1996 Tele- fact, apply to the Bell monopolies. and there are those out there, and per- communications Act, and they are Hopefully now, the Bells will be held haps we will see that work here. growing. Many of them have doubled accountable for their anticompetitive If indeed as we move forward with their broadband subscribers: Verizon behavior that the Bells are so famous this legislation there is still additional up 122 percent, Quest up 74 percent, for. I do not know how the gentleman innovation that can be done that pre- Bell South up 188 percent; and the larg- from Wisconsin (Mr. SENSENBRENNER) serves the instrumental purposes of est one of them all, SBC, which in- was able to negotiate such a huge con- this bill, to build the broadband into cludes Ameritech, the most com- cession, one that will allow the Depart- every household into America and get plained-of service in the State of ment of Justice to crack down on all America back online and the economy Michigan, as at least half the delega- three Bell monopolies, but I congratu- growing and the job creation that fol- tion will attest, which includes South- late him for that. lows that makes further accommoda- west Bell, Pactel, and Ameritech, well, Unfortunately, while I acknowledge tion to CLECs, I am confident that ev- they are only up 70 percent. the success of the gentleman’s work erybody in this body will work toward So the question is, why are we grant- and his attempt to improve this bill, I that end. ing them an exemption from the re- remain convinced the Tauzin-Dingell So, Mr. Chairman, let me say again, quirement that was the heart of the bill is fatally flawed, and I oppose it I want to thank everybody for the hard Telecommunications Act of 1996? Well, strenuously. work that has gone into this bill, the it is because once you get bigger and Mr. Chairman, this bill is touted by sincere work that has gone into this larger and can influence more and its supporters as a deregulation bill, bill. This is a big deal. We are privi- more people, they figured out that why and it does do exactly that. Tauzin- leged to be part of it. not eliminate sections 251 and 271, Dingell deregulates a monopoly that

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.062 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H587 has the advantages of incumbency, ad- of the 1996 Telecommunications Act re- minutes remaining; the gentleman vantages paid for by government-im- quiring interconnection that the DSL from Michigan (Mr. CONYERS) has 11⁄2 posed monopoly dollars. This is what competitors, such as Covad, did DSL minutes; the gentleman from Massa- we fought with the 1996 Act when we begin to roll out, forcing the monopo- chusetts (Mr. MARKEY), 1 minute; and imposed unbundling requirements on lies to respond in kind. the gentleman from Louisiana (Mr. the Bell monopolies. Today, DSL deployment is still being TAUZIN) has 21⁄4 minutes remaining. Make no mistake that, if this bill driven by competition. Unfortunately, The time of the gentleman from Utah passes, competition will be stomped the mere existence of this bill has a (Mr. CANNON) has expired. out, and we will see unregulated re- chilling effect on the telecom industry Mr. TAUZIN. Mr. Chairman, I reserve monopolization of the telecommuni- where it matters most, and that is Wall the balance of my time to close so that cations industry. Not only will we be Street. It freezes out competition to the other gentlemen may use up their undoing the work of this body in the the Bells. It will undermine consumer time. 1996 Telecommunications Act, we will protections provided by State govern- PARLIAMENTARY INQUIRY be taking the telecom industry back to ments, and it will bring the level of Mr. DINGELL. Mr. Chairman, I have the pre-1984 AT&T divestiture days. customer service that the Bells are a parliamentary inquiry. Through the course of this debate, we known for to the entire telecommuni- The CHAIRMAN. The gentleman will will hear the supporters of this bill say cations industry, something I do not state it. the Bells need this in order to roll out think we want. Mr. DINGELL. Am I correct to as- DSL service. Let me assure my col- With campaign finance so fresh in sume that the friends of the bill have leagues that DSL service is being our memory, I urge this body to put the right to close? rolled out now across America at an the hopes and desires of most Ameri- The CHAIRMAN. The gentleman cans who believe in the promise of a amazing rate, and it is being done from Louisiana (Mr. TAUZIN) has the without this bill. This chart explains free and competitive marketplace right to close general debate. that. ahead of the domination of the Bell Mr. DINGELL. And I gather that the In 2001, BellSouth increased its cov- monopolies. America is and should re- friends of the bill would also have that erage from 45 percent to 70 percent of main a meritocracy where competition right, whereas the opponents of the bill the households in the markets that and entrepreneurship matter most. would not, am I correct? I happen to be Please vote ‘‘no’’ on H.R. 1542. BellSouth serves, nearly tripling the a friend of the bill, and the gentleman Mr. CONYERS. Mr. Chairman, I yield DSL customer base. BellSouth has the from Louisiana (Mr. TAUZIN) happens fastest growth of any DSL or cable pro- myself 2 minutes. Mr. Chairman, it is unusual in Michi- to be a friend of the bill. My dear vider. gan that we find the alliance of bipar- friend, the gentleman from Michigan During the same period, as we can tisan that has grown around opposition (Mr. CONYERS), is a strong opponent of see from the chart, SBC became the in- to this measure. I do not believe any- the legislation, as is my dear friend, dustry’s largest DSL provider, with one here has quoted Governor John the gentleman from Massachusetts 1,333,000 subscribers. Engler recently. I do not think I ever (Mr. MARKEY). Last year, Verizon also saw signifi- have. But now is an appropriate time, So I would like to hear their com- cant growth with an increase of over as his career comes to an end due to ments, and since I have only one more 122 percent, going from 454,000 cus- term limits. request for time I would like to hear tomers to 1.2 million, with total reve- Here is what he said in the Wall that one last, because it might con- nues in excess of $7 billion. Street Journal: ‘‘We had a vision that vince me. The roll-out of DSL is hardly stifled we would have major players com- b 1400 by the current regulatory structure. peting for our business, that there The CHAIRMAN. Once again I say to What the Bells are really after is the would be at least two choices for all of the gentleman from Michigan (Mr. DIN- ability to freeze out the competition us,’’ said Michigan Governor John GELL) that the manager of the bill, the and increase their monopoly power and Engler. ‘‘That has not happened, and gentleman from Louisiana (Mr. TAU- free themselves from the consumer that is great frustration to me.’’ protections put in place by State PUCs That echoes the remarks of the gen- ZIN) has the right to close general de- bate. and the FCC. tleman from Michigan (Mr. ROGERS) on Mr. MARKEY. Mr. Chairman, I yield I assure my colleagues that this bill the floor just a little bit earlier. myself my remaining 1 minute. is not going to speed the roll-out of No, ROGERS is not for Tauzin-Dingell. Mr. Chairman, I am a friend of tele- high-speed Internet service across the ROGERS is opposed to this. He is very country. Rather, it will allow the Bell courageous in the committee to take communications competition. I know monopolies to have total control of the this stand, but he is being clear and telecommunications competition. This telecommunications industry. honest about it. Because, I say to my bill is not a friend of telecommuni- The CHAIRMAN. The time of the colleagues, not only was the Com- cations competition. In fact, what has gentleman from Utah has expired. mittee on Rules wired, but the Com- happened since 1997, after the 1996 Tele- Mr. CONYERS. Mr. Chairman, I yield mittee on Commerce itself was wired. communications Act passed, was that 2 minutes to the gentleman from Utah Well, why? So was the Committee on broadband deployment went across the (Mr. CANNON). the Judiciary, someone said. country at such a rapid pace that now Mr. CANNON. Mr. Chairman, I thank Mr. Chairman, H.R. 1542, which was somewhere between, depending upon the gentleman from Michigan for yield- turned down in the Committee on the how we look at it, 70 to 80 percent of ing me the time. Judiciary, negatively reported, would all Americans now have access to Competition, not remonopolization, eliminate any meaningful opportunity broadband. is what is needed to ensure the roll-out for competitive carriers to gain access That did not happen by accident. It of DSL at a price that is reasonable for to use an incumbent’s local loops to happened because we had a vigorous consumers. The competitive industry is provide their own high-speed data. competitive telecommunications pol- already deploying broadband, and com- Now, while the bill’s sponsors say icy. That is why the Bells do not like petition is driving down the cost to res- that it preserved the FCC’s current it. But it has ensured that upwards of idential consumers. line-sharing rules, in fact, it preserves $60 billion of investment that other- As the second chart shows, the Bell only the illusion of line-sharing. We wise would not have been made was put monopolies had no interest in rolling have been wired twice, I say to my col- out into the marketplace. out affordable high-speed access until leagues. We do not want to change that. The they were forced by the competition. Mr. Chairman, I reserve the balance bill in 1996 was a paranoia-inducement The Bells had DSL technology as far of my time. act. This bill is meant to be a sedative, back as 1990, but instead of imple- Mr. DINGELL. Mr. Chairman, how a calming influence, so the Bells do not menting it into their networks, they much time remains? have to feel that paranoia any longer. chose the more expensive T–1 tech- The CHAIRMAN. The gentleman If we do that, we will be looking at the nology. It was not until after passage from Michigan (Mr. DINGELL) has 3 future through a rearview mirror.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.066 pfrm04 PsN: H27PT1 H588 CONGRESSIONAL RECORD — HOUSE February 27, 2002 Mr. CONYERS. Mr. Chairman, I yield The CHAIRMAN. The gentleman ice, the FCC will continue to be able to the balance of our time to the distin- from Michigan (Mr. DINGELL) has 3 address voice service, but we are going guished gentleman from New York (Mr. minutes remaining. to do what everybody says has to be NADLER) from the Committee on the (Mr. DINGELL asked and was given done to get Internet service to every- Judiciary. permission to revise and extend his re- body, and that is, we are going to get The CHAIRMAN. The gentleman marks.) regulation out and competition in. from New York (Mr. NADLER) is recog- Mr. DINGELL. Mr. Chairman, I have Quality will appear for the American nized for 11⁄2 minutes. listened to this debate with a great public in terms of service; and competi- Mr. NADLER. Mr. Chairman, I thank deal of interest. Everybody is for com- tion will give us competitive prices, the gentleman for yielding time to me. petition. The bill says there will be un- which will benefit the American public. The best way we know to lower limited competition in the area of That is what this is all about. prices and improve customer service in broadband Internet, and guess what, it If Members want to take care of the any market is to increase competition. does. My friends on the other side say, American people, if they want competi- This bill does exactly the opposite. It but they do not want the competition tion, if they want services, that is the would make it easier for the big-money to occur. way to get it. phone companies to squeeze their com- Now, there is a very interesting situ- One curious story has been going petitors and to force the remaining ation. The way it works now is that the around, how Tauzin-Dingell would ad- CLECs, competitive local exchange Bells cannot go into broadband because versely affect competition and how it carriers, into bankruptcy. they have too many inhibitions and too would adversely impact e-net. The sim- It would raise prices for competitors much restraint on their investment, so ple fact of the matter is that the e-rate and decrease incentives for local mo- they do not go in. will not be affected in even the slight- nopolies to open their markets to com- The United States now has only 8 est fashion by Tauzin-Dingell. petition. Less competition, higher percent, whereas Korea has better than I would urge my colleagues to there- prices and worse customer service will 36 percent of their homes wired for fore support Tauzin-Dingell and oppose be the result. Superfund and broadband. Imagine how the amendments which will be offered This bill turns the Telecom Act of important that then is. by my good friends, the gentleman 1996 on its head. It would allow the Now, having said that, if we want to from Michigan (Mr. CONYERS) and the local Bell monopolies to have access to get investment, look at what the presi- gentleman from Utah (Mr. CANNON), all long distance data markets, wheth- dent of AT&T, one of the principal op- which are in effect a crippling poison er or not they face competition in the ponents of this legislation, says: no- bill which will force continuance of local level. The Tauzin-Dingell bill body is going to invest if they do not regulation on that industry forever- says, we do not care if the Bells have a get exemption from excessive regula- more, and give us 50 different competi- monopoly at the local level, we are tion, which precludes their investment tive sets of regulations that nobody going to allow them to offer long dis- and does not allow them to get a re- can meet. tance data services. We all realize soon turn. Mr. TAUZIN. Mr. Chairman, I yield there will be no distinction between What does the bill do? The bill does a myself the balance of my time. data and voice, since both data and series of things. First, it requires every Mr. Chairman, to clear a matter for voice can be reduced to the zeros and part of the country to be served within the record, I want to be clear that the ones. Data is voice, for all practical 5 years. Second of all, it eliminates all manager’s amendment provides that purposes. constraints on competition. It does not the saving clause found in section Tauzin-Dingell says the Bells do not hurt the CLECs, which by and large are 601(b) of the Telecommunications Act have to open their networks for com- noninvesting parasites which happen to of 1996 shall be interpreted to mean petition. If they modify existing lines, get a huge benefit from the services neither the antitrust laws nor the ap- they do not have to provide open access that are provided by the Baby Bells. plication of those laws by the courts to their networks at prices that allow They get these services at a significant are repealed by, precluded by, dimin- for competition. The Bells are essen- deduction in cost. They continue to get ished by, or incompatible with the tially seeking the ability to price their that. But on new investment, however, Communications Act of 1934, this act, competitors out of business and extend they will not get anything other than or any law amended by neither such their local monopolies. fair treatment. act. We need to stand up to the Bell com- Now, AT&T wants just an unfair ad- Mr. Chairman, we have seen some panies and say no. We believe competi- vantage. The people at the CLECs pretty charts today. I remember when tion is the best way to improve cus- want, again, an unfair advantage be- the networks were really getting the tomer service and lower prices to con- cause they want to see to it that any election wrong last year, when they sumers. We support true competition investment that comes on the part of got the Presidential election so messed and ought to oppose anticompetitive the Baby Bells will be given to them at up with all their predictions. Tim legislation like Tauzin-Dingell. low cost. Russert came with a little chart, a lit- One other point. We support more We are going to allow them to keep tle chartboard, and he said, Here it is, competition in the cable markets, as what they are getting now, but we are the election will be settled in Florida. well. I am concerned that that local not going to permit them to get this He was so right. cable monopoly is raising prices and kind of a sweetheart deal and to deny I watched all these pretty charts, and limiting the choice of consumers. American users of the information net I have drawn my own while we were From what I understand, Tauzin-Din- an opportunity to get the kind of serv- talking. This is the state of broadband gell does not even address the core ices that they really want. That is in America. This is what broadband business of cable companies, which is what is at stake, and that is why the looks like. Ninety percent of America to provide multichannel viewing serv- ferocious expenditure of money on lob- is unserved, unconnected, and 90 per- ices. If this bill passes, no one is saying bying against this particular piece of cent of America denied the benefits of consumers will have more choice in the legislation. this incredible new technology. TV viewing market. They are only Now, if Members want to get service Guess who lives in that 90 percent? promising choice for the broadband for the American people, if they want The Members guessed it, people who markets. The problem is there already the Internet to be readily available, live in the rural parts of America, peo- is choice in the broadband. allow competition to reign. I was one ple who live in the underserved parts of This bill is not about cable compa- of the authors and supporters of the America, the people who live in the mi- nies; it is about local telephone compa- original 1996 act. Allowing competition nority centers of our cities in America, nies themselves. We should not support to take place was our purpose. I would the people who are going to be the last one monopoly simply because another observe to Members that the only way ones cable reaches out to with exists in another market. I urge every- they are going to get it is to mandate broadband if cable is the only provider one to oppose this bill. it. on the ground. Mr. DINGELL. Mr. Chairman, I yield The States will continue to have Look at the state of broadband in myself the balance of my time. their authority to address voice serv- America. Only 10 percent of Americans

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.071 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H589 are connected, and two-thirds of that, tronic surveillance to protect our society. It has by the Web-based Education Commission ‘‘the 70 percent, about, is connected by disturbed me that full compliance with CALEA promise of widely available, high quality web- cable. No wonder, no wonder AT&T has been painfully slow in coming. based education is made possible by techno- cable is the biggest opponent of this The original version of H.R. 1542 could logical and communications trends that could bill. have further clouded the compliance issue by lead to important educational applications over There is a quote in a Wall Street calling the Federal Communications Commis- the next two to three years.’’ Journal article last week: ‘‘ ‘Global sion’s ability to implement CALEA into ques- H.R. 1542 can help us realize this promise Crossing built the highway,’’’ the high- tion. I was prepared to offer an amendment by increasing the competition and choice of speed network, ‘‘says Jeffrey Eisenach making it clear that the bill would not jeop- broadband service providers and by elimi- of the Progress & Freedom Foundation, ardize CALEA. The Buyer-Towns amendment nating market disincentives to investments in but the FCC destroyed the incentives does address this concern. the broadband deployment. By accomplishing for the Bells to build the on ramps.’’ I believe that, in light of the events of Sep- this, we will be able to sustain the growth and They were talking about the Tauzin- tember 11, it is imperative that CALEA be re- prosperity of distance learning programs which Dingell bill getting rid of these phony visited. The compensation system has been a are developing at a rapid pace. regulations that have stopped the long-standing source of contention. Delivery Not only would H.R. 1542 enhance distance building of the on and off ramps to the and interface methods would benefit from learning opportunities for students, it would rest of America. No wonder that bill greater specification. It should be clarified that also set the stage for improved telemedicine ‘‘. . . is hung up, thanks to its opposi- CALEA applied to new telecommunications and job training services. These two tion from AT&T and the other cable technologies. I want to encourage the tele- broadband applications cannot be under esti- operators.’’ communications industry, the FBI, and inter- mated in today’s social and economic climate This is the same fight we fought in ested parties to resolve these issues and am which increasingly depends on access to 1992, the same fight when we came to prepared to advocate needed legislative broadband technology. this floor with a dream, a dream that changes. Mr. Chairman, bringing high speed instead of regulating the cable compa- The spread of broadband, as envisioned by broadband communications into millions of nies, we could create competition for H.R. 1542, will do much good for our society. new homes will open windows of opportunity them in video. But like previous technologies, we also need now closed to many women, among them We stood on the floor of this House in to make sure that our society is equipped to stay-at-home moms, the disabled, and sen- 1992 and on the Senate floor and passed thwart those who would use it for the wrong iors, who wish for educational opportunities a bill saying there would be an alter- purposes. but who have few choices today. As this excit- native, there would be a theater in the Mr. TIAHRT. Mr. Chairman, I rise in support ing technology spreads, costs will go down sky, satellite television, and 20 million of the Internet Freedom and Broadband De- and the availability of these services will in- Americans now have the benefit of sat- ployment Act of 2001, and I commend Chair- crease, bringing with them the promise of dis- tance learning for all who choose it. ellite direct broadcast television, 500 man TAUZIN and Ranking Member DINGELL for This bill is also a boost to small businesses beautiful channels of television to their hard work in crafting the legislation be- across the country. In my Congressional Dis- compete with cable; not just a second fore us today. trict, DSL is currently available to 17,500 busi- choice, I will remind the Members, but Make no mistake about it. This legislation nesses—and 130,000 in Connecticut. The a second store to keep cable honest. will create real competition among Internet passage of Tauzin-Dingell will guarantee its This bill is about keeping cable hon- Service Providers and guarantee more availability to 7,000 more businesses, more est, about creating a competitor to choices and lower prices for the American than 100 schools and dozens of libraries. In broadband, about building the on and people. In my state of Kansas, high speed the 6th District of Connecticut it will add high off ramps for the 90 percent of America internet access is currently available to about speed Internet access to 2,526 businesses that is left out, about making sure 1.3 million consumers. This bill will guarantee with 18,867 employees, 231 doctors offices, 3 that the Internet is free of regulation. high speed access to an additional 830,0009 hospitals, 50 schools and 17 libraries. It has No wonder the regulators oppose this Kansans. Equally important, it will expand ac- the strong support of local chambers of com- bill. They would love to regulate the cess to an additional 20,000 Kansas busi- merce, including the Northwest Connecticut Internet, just like the taxing authori- nesses, 500 schools, and 200 hospitals and li- Chamber of Commerce, which represents the ties would love to tax the Internet. braries. most rural parts of my district. Keep the Internet free, free Like many of my colleagues, I represent a Mr. Chairman, H.R. 1542 will rationalize the broadband deployment, connect Amer- district with a large rural population. This legis- regulation of broadband, not end it. The bene- ica, give us all a chance to enjoy this lation will bring high-speed internet access to fits that this technology promises for Ameri- amazing technology. That is what Tau- small towns and rural communities currently cans who desire more educational opportuni- zin-Dingell does, and that is why we unable to receive it. No community will be left ties, and for businesses which want to grow is need to pass the bill. behind. unprecedented. I rise in strong support of this Mr. OXLEY. Mr. Chairman, we have all wit- Mr. Chairman, we have a choice today. legislation. nessed the amazing growth of the Internet as Congress can vote for providing consumers Mr. WAXMAN. Mr. Chairman, I rise in it has become embedded in the U.S. economy with greater access to internet services, great- strong opposition to H.R. 1542, which would in what seems like just a few short years. er choices among providers, and lower costs. free the monopoly Bell Operating Companies Businesses, schools, and home users are de- OR we can let companies, rather than com- to offer high-speed data service in their re- manding faster, more dependable service. It is petition, determine the access and price for gions. important for our economy and international these services and leave millions of Ameri- There is a very simple principle at stake competitiveness that the best quality Internet cans behind. today. Deregulation is good when it results in service be made available to the widest audi- I urge my colleagues to vote for competition more marketplace competition. Deregulating a ence as soon as possible. and choice. Vote for the Internet Freedom and monopoly, however, destroys competition, im- By reducing unnecessary regulatory bur- Broadband Deployment Act. pedes innovation, and hurts residential and dens, Congress can promote the kind of com- Mrs. JOHNSON of Connecticut. Mr. Chair- business consumes. What’s good for a mo- petition that will increase the availability and man, there are many reasons to support H.R. nopoly is only good for the monopoly. affordability of high-speed Internet access. 1542 and many reasons that it will benefit my H.R. 1542 would eviscerate key require- For all of the advantages of advanced com- state of Connecticut. However, among the ments of the 1996 Telecommunications Act munications, however, there is a dark side. most compelling are how it will help education, and very quickly eliminate the fledging com- Terrorists and criminals can use the Internet especially education for women who work in petitive local exchange carriers (CLECs), and cell phones to communicate confidentially. the home. These important benefits were dis- which only came into being after enactment— Our law enforcement has been scrambling to cussed in a June, 2001 letter from the U.S. and due to the promise—of the Act. keep up with the advanced technologies that Distance Learning Association. H.R. 1542 would also prohibit any federal or the bad guys are using. The USDLA firmly believes that universal state regulation of rates and service quality for CALEA—The Communications Assistance access to broadband technology in our high-speed data services and leave con- to Law Enforcement Act—was passed in 1994 schools, our homes, and at work is critical to sumers completely unprotected from monopoly to make sure that the FBI and local police the realization of enhanced distance learning abuses. More than fifty percent of the informa- have the technical ability to conduct legal elec- services. According to a recent study released tion carried on telephone wires today is high-

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4634 Sfmt 9920 E:\CR\FM\K27FE7.073 pfrm04 PsN: H27PT1 H590 CONGRESSIONAL RECORD — HOUSE February 27, 2002 speed data traffic, and that percentage is Under the 1996 Telecom Act, this was not al- well as the FCC before they can offer their growing daily. lowed. With the kind of prices I’m now services. I believe that these obstacles to de- In addition, with the convergence of voice, charged for local phone service, I can’t imag- ployment of broadband services must be re- data, and video technology, information in the ine what the Bells will charge for broadband moved. As a result of this bill, consumers will future will be carried on the same networks service. This part of H.R. 1542 creates a mar- have more choices and more competition for that now carry high-speed data traffic. As a ket force to keep all competitors out of the these services which should, in turn, lead to technical matter, regulators will be unable to broadband market place. lower prices and better accessability to distinguish between voice and data traffic. As Finally, H.R. 1542 repeals any state or local broadband services. a result, under H.R. 1542, the Bell Operating regulations that protect consumers from Broadband services offer great promise to Companies could escape all consumer protec- abuses by broadband service providers. This consumers. With access to broadband serv- tion and service quality regulation. includes regulations for: anti-spam, anti-slam- ices, consumers will be able to quickly con- The proponents of H.R. 1542 have told us ming (stealing other companies customers), nect to the Internet and look up information or that the battle for Internet data service is really privacy and obscenity protections, and dis- find a needed service. A recent Congressional a fight between the giant cable companies and ability access rules that may have been en- Research Service report found that there are the giant local telephone companies. I couldn’t acted either by the state, or local government an estimated 6.2 million cable broadband sub- disagree more with this assessment. Our na- agencies. scribers and 3.8 million Digital Subscriber Line tion will thrive if companies are allowed to op- In 1996, the Congress bought into the belief (DSL) subscribers nationwide. Yet, many con- erate under marketplace conditions that en- that deregulation of the local telecom industry sumers do not currently subscribe to courage the greatest number of technologies would promote competition. Five years later, I broadband services, because it may not be and providers for consumers. Unfortunately, still haven’t seen any competition in the local available in their underserved area or because H.R. 1542 draws the blueprint for duopoly phone market. It’s time that we take the same it is too expensive. control of the networks, and that would be a approach to local telecommunications com- I also urge my colleagues to support the terrible outcome for consumers everywhere. petition that we did not the long distance mar- amendment offered by Representative FRED Competitive local exchange carriers ket: use the strong hand of the government to UPTON and Representative GENE GREEN. This (CLECs), Internet service providers (ISPs), force these robber barons to give consumers amendment would increase the penalties paid consumer groups, and state public utilities a choice. by phone companies for violating requirements commissions all strongly oppose H.R. 1542. I Mr. BENTSEN. Mr. Chairman, I rise today in of the Telecommunications Act of 1996 from urge my colleagues to vote against this legis- support of H.R. 1542, The Internet Freedom $120,000 to $1 million per day with the cap lation. I also urge members to vote for the Broadband Deployment Act of 2001. As a co- rising from $1.2 million to $10 million. For re- Conyers/Cannon amendment, which is the sponsor of this bill, I believe we must act to peat offenders, the penalties would be dou- only amendment that will be offered on the ensure that more consumers have access to bled up to a maximum of $20 million. In addi- floor that effectively addresses the bill’s most broadband services. Today, many consumers tion, this amendment extends the statute of serious shortcomings. and small businesses do not have access to limitations so the Federal Communications Mr. STARK. Mr. Chairman, I rise today in the high-speed Internet services because Commission (FCC) can bring enforcement opposition to H.R. 1542, the Internet Freedom these services are prohibitively expensive or cases against phone companies for up to two and Broadband Deployment Act of 2001. This simply not available in their area. Getting com- years. I believe that all of these enforcement bill continues the ill-conceived approach of de- panies to invest in providing this critical last penalties will help the FCC to ensure that regulating the Telecom industry and promotes mile of connection of broadband services is these phone companies are complying with the ‘‘competition’’ advanced by the 1996 Tele- necessary to ensure that all Americans can the law. communications Act. I voted against the 1996 get the information that the Internet provides. I also urge my colleagues to support the Act and I am voting against this bill. Under the current telecommunications law, amendment offered by Representative STE- Chairman TAUZIN has indicated that there the regional Bell operating companies PHEN BUYER and Representative EDOLPHUS are two ways to promote broadband develop- (RBOCs) are prohibited from carrying long dis- TOWNS. This amendment would ensure that ment: deregulation of the industry or re-regula- tance Internet data beyond their current local other competitors could access their tion of the industry. As California learned all service area without first meeting specific re- broadband infrastructure. Under this bill, the too painfully in the energy arena, de-regulation quirements by both the state public utility RBOCs would be required to transmit competi- doesn’t work. By removing regulations put in agencies and the Federal Communications tors’ broadband services based upon ‘‘just and place by federal, state, and local governments, Commission (FCC). This process for approval reasonable’’ rates with the terms and condi- we remove vital consumer protections and is cumbersome and take many months to tions to be set by the FCC. I believe that re- open markets to monopolies and price complete. As a result, very few states have quiring the FCC to set these rates will help to gouging. authorized these RBOCs to provide these long ensure that competitors can use these high- Aside from my preference for further regula- distance services to their customers. The state speed data transmission lines. This amend- tion as a means to promote telecommuni- of Texas is one of the few states in the nation ment also helps to ensure that competitors cations competition, there are several things in where the RBOCs can offer long distance can directly connect with the RBOCs network this bill that damage our already weak regula- services within their local area. However, there by placing their remote terminals on Bell prop- tions. are many consumers in other states who do erty or near Bell property. In addition, all cur- Many of my colleagues who represent rural not have competitive broadband services in rent contracts as of May 24, 2001 would be areas think this bill will ensure that their con- their neighborhoods. H.R. 1542 would correct valid until the contracts expire. This amend- stituents have access to broadband services. this inequity by permitting RBOCs to offer ment also ensures that the FCC has the au- This is simply not the case. Within five years, broadband data services in their service areas thority to enforce certain consumer protection broadband data service must be available for without first opening up their local market to laws with respect to Bell broadband services. anyone, with some exemptions. The consumer competition. This measure also includes a I believe that this deregulatory bill is nec- must live within three miles of a Bell office, so safeguard which prohibits the RBOCs from essary to spur the investment in broadband those farmers who have to drive three or more bundling or offering long distance voice serv- services so consumers will have more choices miles to visit their nearest neighbor will have ices with their broadband data or Internal and better options. I urge my colleagues to to drive even further to get broadband internet backbone services, unless the local exchange support this pro-competitive legislation. access. Furthermore, if there is no other com- carriers (LECs) have opened their local mar- Ms. KILPATRICK. Mr. Chairman, today I pany providing broadband Internet access, the kets to competition as prescribed in the 1986 rise in opposition to H.R. 1542, the Tauzin- Bells don’t have to deploy to those areas ei- Telecommunication law. Dingell Broadband legislation. I am simply not ther. This deregulatory legislation will ensure that confident that this bill provides adequate pro- Under this bill, the Bells no longer have to LECs can compete directly with cable compa- tection to consumers. I have watched, over unbundle their services for local phone com- nies to offer Internet services to their cus- the years, while as a nation, we have boldly petitors. This means that a local company who tomers. I believe that it is important to note made our way down the road of deregulation. wants to compete against a baby Bell must that cable companies do not currently have We deregulated the Savings and Loan Indus- buy all of the services the Bell company pro- any restrictions on their ability to offer try and watched them implode under the vides to a customer, even if the customer broadband services to consumers. Yet, the weight of their own largess. We saw the same doesn’t want the service and the local com- LECs are currently required to get authoriza- with both the Airlines Industry and the former pany doesn’t intend to provide the service. tion from both their public utility agency as AT&T and Bell behemoths. In all of those

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4634 Sfmt 9920 E:\CR\FM\A27FE7.016 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H591 cases the consumer paid the price through in- companies who have provided consumers with the bill to ensure competition and increase the creased fees, tax subsidies and decreased alternatives. Additionally, the bill will make it availability of broadband. This rule does not services. impossible for the FCC and states to regulate give a voice to the concerns my colleagues Now, given the choice to either regulate costs and customer service standards, which and I have with this bill to address open ac- cable and satellite or deregulate the Baby could send prices skyrocketing and leave con- cess, state authority, and a multitude of other Bells, who we know to have a history of bad sumers with no recourse for substandard serv- issues. behavior, we are urged to deregulate the bad ice. Given our recent experiences with deregu- No matter what your opinion is on H.R. actors. In my eyes, the underlying legislation lation of essential consumer services, it seems 1542, this bill deserves a fair process. By before the House represents a choice to de- foolish to believe that further deregulation of using the second degree amendment proce- regulate the bad actors. the telecommunications industry is the answer dure, the rule could prevent those of us wish- Without amendment, the underlying bill for rural America. ing to offer a substantive revision to the bill would limit State and Federal regulation of the Over the past few years, the Bell Compa- from doing so. The Cannon-Conyers amend- pipeline we know as the Internet to an anti- nies have developed a shockingly poor record ment is critical to ensuring that a monopoly trust suit against the Bell Companies. This Mr. of customer service. In order to spur competi- does not take over the DSL marketplace, re- and Mrs. America is no choice. This bill gives tion, the 1996 Act requires the Bell Companies sulting in high prices and poor service. consumers, who are my constituents and the to allow Competitive Local Exchange Carriers The Cannon-Conyers amendment contains people that I care about most, no protection if (CLECs) access to their lines when con- a line sharing provision similar to one that prices are unjustly increased and no protection sumers choose to do business with CLECs failed on a 27–27 tie during the Committee for failing service quality. rather than a Bell. The Bells frequently refuse mark up. At the very least, this controversial Internet Service Providers oppose the to comply with these requests in a timely man- condition deserves the opportunity for debate measure because it would subject them to the ner. Since 1996, Bell Companies have paid by the entire House. unrestrained will of the Baby Bells. over $2 billion in fines. They clearly believe it The Buyer-Towns amendment is not an ac- Small Innovative Telecommunications Com- is to their advantage to pay penalties for viola- ceptable substitute for Cannon-Conyers. This panies oppose the measure because it will tions of the 1996 Act rather than open their amendment is not a real compromise because force them out of the market. markets. Instead of taking steps to aggres- it does not guarantee wholesale pricing for Thirty-one Public Utility Commissions, in- sively enforce the 1996 Act, Congress has leased lines, nor does it guarantee that com- cluding Michigan’s oppose this bill. proposed a bill that would eliminate the FCC’s petitors have access to the existing Bell net- The National Governors Association op- and states’ ability to regulate costs and protect work. poses this bill. consumers. Language that ensures fair competition must The National League of Cities opposes Tau- There is no reason to believe that passing be inserted into this bill. Even with the current zin-Dingell. H.R. 1542 will speed broadband deployment competitive market, I have been told stories of The Council of State Governments opposes to rural America. The fact is, the Bell Compa- how local Bell companies often postpone the Tauzin-Dingell. nies have chosen not to provide even basic installation of local service if the customer Most Consumers Groups oppose this bill services in many of the rural communities they chooses a competitor’s long distance service. because it will lead to price increases and claim will be helped by H.R. 1542. Since they If H.R. 1542 becomes law, these types of inept service. are only required to upgrade infrastructure for practices will be allowed to flourish at the ex- Mr. Chairman, as you can see there is communities they already serve, many rural pense of consumers. strong opposition to this measure. Again, I am consumers are left out entirely. Another prob- On September 11, we learned the necessity not confident that any amendment can fix this lem is that the broadband service requirement of having more than one phone company in a bill and protect the consumers of Michigan’s only applies to consumers that live within community, as competitors kept the lines of 15th district. So I will oppose this measure on three miles of a Bell Company central station. communication open between New York, final passage. Those living outside of a three mile radius are Washington, DC, and the rest of the world. Mr. EVANS. Mr. Chairman, I rise in opposi- given no guarantees of broadband access at I urge my colleagues to join me in opposing tion to H.R. 1542, the Internet Freedom and all. Again, rural America is being left out. the rule. It is not in the best interest for the Broadband Deployment Act. I believe it will As for being shut out of the broadband mar- people. harm competition within the telecommuni- ket, the numbers speak otherwise. BellSouth Mr. DAVIS of Florida. Mr. Chairman, I rise cations industry and reduce oversight of this tripled its DSL customer base in 2001. SBC, today in opposition to H.R. 1542, the Tauzin- growing and important sector of our economy, Verizon, and Qwest have similarly built and Dingell Broadband Deployment Act, which pro- resulting in less service and choice for all maintained a network of broadband cus- poses major changes to the Telecommuni- Americans. tomers. A large majority of Americans already cations Act of 1996. This bill would allow the Broadband internet access is rapidly becom- have access to broadband, but very few have former regional Bell telephone companies ing a necessity for individuals and commu- chosen to subscribe because of the cost. The (RBOC’s) to provide high speed, broadband nities trying to keep up with trends in edu- FCC has concluded that broadband is being Internet access without having to allow rea- cation and economic development. The inter- deployed in a reasonable and timely manner. sonable access to their networks to competing net is a tremendous resource for information, HR 1542 is not about offering broadband serv- providers willing to pay for access. communication, and commerce. Understand- ices. It is about eliminating competition and The Telecommunications Act of 1996 has ably, individuals living in communities without oversight in the telecommunications industry been instrumental in introducing competition access to broadband are frustrated by their in- for the Bell Companies. among providers of high-speed, broadband ability to take full advantage of all the internet The list of organizations opposing HR 1542 technologies like digital subscriber lines (DSL). has to offer. grows longer every day. The Public Utility These competitive developments have in- H.R. 1542 is the Bell Companies’ proposed Commissions of 31 states, AARP, the Gray creased access to the Internet and its wealth solution to the so-called ‘‘digital divide.’’ They Panthers, Consumers Union, the Consumer of information while lowering prices for retail- claim onerous regulations established by the Federation of America, Americans for Tax Re- ers and consumers alike. On the assumption Telecommunications Act of 1996 have pre- form, Citizens Against Government Waste, that this competition was developing, many vented them from deploying broadband to un- and the National Retail Federation have all op- States, including Florida, my home, have re- derserved communities. Actually, the 1996 Act posed the bill. HR 1542 will not speed the de- pealed regulation of many aspects of the tele- merely required the Bell Companies to meet a livery of broadband to rural America but it will communication industry. In 1995, as a State 14 point competitive checklist before offering undermine consumer rights nationwide. Ameri- Representative, I strongly supported this de- long-distance service in their home markets. cans deserve better. regulation based on my belief, then and now, The promise of lucrative long-distance markets Ms. MCCARTHY of Missouri. Mr. Chairman, that competition and choice was a far superior was to serve as an incentive for the Bell Com- I rise to ask unanimous consent that my fol- form of protection for consumers than the old panies to open their markets to competitors. lowing statement be placed in the RECORD as system of regulation and monopoly service. By exempting Bell Companies who wish to read on the rule for H.R. 1542. However, many consumers still remain at an offer broadband services from competitive re- I rise in opposition to the rule for H.R. 1542, economic disadvantage because the RBOC’s quirements, H.R. 1542 essentially guts all of the Internet Freedom and Broadband Deploy- do not offer DSL service at all or offer it at an the competitive elements of the 1996 Act. Bell ment Act. affordable rate, and potentially competing pro- Companies will no longer have to guarantee There were 30 amendments offered to the viders do not have reasonable access to the network access to upstart telecommunications Rules Committee by those looking to improve RBOC networks.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4634 Sfmt 9920 E:\CR\FM\A27FE7.019 pfrm04 PsN: H27PT1 H592 CONGRESSIONAL RECORD — HOUSE February 27, 2002 H.R. 1542 would remove significant incen- ever, the PUC lacks authority to do anything rience the economic, education, and cultural tives for the RBOC’s to open their markets to about these complaints. This legislation would benefits of Internet broadband technology. local competition by allowing them to provide exacerbate the problem by further undercut- Mr. Chairman, Tauzin-Dingell will directly broadband services without having to first ting the authority of the State to address DSL benefit the citizens of my district. Passage of demonstrate that their local telephone markets complaints or declining service quality issues this bill will guarantee high-speed access to al- have been opened to competition. The further and by removing existing protections for cus- most 90,000 people and over 5,000 busi- effect of this bill, should it become law, would tomer service. nesses in the third Congressional district of be to constrain the ability of State and local This bill will also increase rates for con- Wisconsin alone. governments to take steps to reasonably pro- sumers because without the benefits of a truly The ability of educational institutions, espe- tect consumers’ access to telecommunication competitive telecommunications sector, con- cially in rural areas, to explore all the possibili- service through competition or regulation. sumers and small businesses will have fewer ties the Internet offers depends largely on the I believe that this bill would stifle any hope choices and will pay higher prices for tele- availability of broadband technology. With high for free and open competition and if it were to communications service. Unregulated tele- speed access to the internet, schools will have become law, consumers would see less com- phone monopolies, such as those created by the ability to supplement classroom teaching petitive choice when it comes to their Internet this bill, cannot be expected to lower prices or in ways currently not available, and to bring access. H.R. 1542 is bad for consumers and innovate. In fact, as competitive DSL providers cyber-classrooms to everyone, regardless of it is for this reason that I urge my colleagues began to struggle financially last year, the Bell their physical location. The Internet is just beginning to deliver on to vote no. monopolies raised their DSL prices by 20 to the Promise of education on demand. This will Mr. UDALL of Colorado. Mr. Chairman, after 30 percent. There are also concerns that be- be a powerful tool to education not only those careful consideration I have decided that I cause this bill threatens state oversight of traditional students who would like flexibility in cannot support this bill. voice services that it could potentially raise their class choices, but it also has the power The stated goal of the bill is to promote local phone rates. The best way to promote to offer the highest caliber education to any- growth and development in high-speed lower prices and greater access is by ensuring one with high speed access to the Internet. (broadband) data services offered by regional a robustly competitive market. Rural students shouldn’t have to wait any Bell operating companies such as SBC, Furthermore, this bill will not bring longer for the tools to succeed in the digital Verizon, BellSouth, and Qwest. The bill seeks broadband to rural areas, as the proponents of age. to achieve this by relaxing requirements this bill have argued. While today’s bill re- Tauzin-Dingell will also bring broadband ac- placed on the Bells in the 1996 Telecommuni- quires some broadband expansion, it contains cess to over 60 doctor offices and clinics as cations Act. substantial loopholes and lacks real meaning well as three additional hospitals in my district. What we need is competition to drive prices for rural and underserved areas. Rural homes With broadband, rural Americans will be able down and give consumers more choices. would continue to be dependent upon cable, to have a medical specialist diagnose their ill- However, I am not convinced the bill would satellite or wireless broadband—as they are ness over the Internet, Instead of having to achieve these goals, and am concerned that it now. Making matters worse, the Bells do not drive long distances to a faraway hospital. might have the opposite effect. even serve many of the rural areas they os- Rural hospitals could become virtual teaching I do believe the bill is well intentioned and tensibly claim the bill will help. hospitals with the deployment of broadband is intended to respond to a real need. I agree Additionally, contrary to some arguments, it technology. with the bill’s sponsors that the expansion and appears the deployment of broadband has It’s time for Congress to bring broadband use of broadband services is vital to our eco- been severely hindered by the Bell companies Internet access to all Americans. Support Tau- nomic growth. But Colorado’s consumer themselves. The Bells failed to deploy high- zin-Dingell. groups, state and local government officials, speed technology such as DSL for nearly a Mr. RYAN of Wisconsin. Mr. Chairman, I small telecommunications firms, and residents decade and it was not until competition was come to the floor today in support of H.R. in rural and underserved areas in Colorado tell injected into the marketplace after enactment 1542 because it will set forth for the first time me that they think this bill will consolidate the of the 1996 law that the Bells offered DSL, a national policy that promotes the deployment Bell companies’ monopoly and result in in- and then just in limited markets at high prices. of broadband technology to all Americans. The creased prices for consumers. I give great I urge my colleagues to promote competition, passage of H.R. 1542 will create a tech- weight to the views of those Coloradans. protect consumers and vote against this bill. nology-neutral regulatory policy that will en- Today in Colorado small telecommuni- Ms. EDDIE BERNICE JOHNSON of Texas. courage all companies to invest in the deploy- cations companies are working hard to play by Mr. Chairman, I am in opposition to H.R. ment of the ‘‘last mile’’ broadband facilities rules that Congress passed in a bipartisan 1542. This legislation extends the power of the that will provide the average American with fashion in 1996. And our regional Bell com- Bell monopolies which the Telecommuni- access to high-speed Internet services. This pany, Qwest, is doing the same thing because cations Act of 1996 sought to curb. I am par- deployment of ‘‘last mile’’ broadband facilities it has hopes to enter the long distance market ticularly concerned about the negative effects is critical to future economic growth in the soon. In short, in Colorado the current system this legislation will have on small businesses United States. seems to be working, and I am not prepared in my district if the bill passes. In the past cou- Not only will H.R. 1542 provide a much to vote to attempt to fix something that I am ple of years, a number of Competitive Local needed lift to the American economy as a not convinced is broken. Exchange Carriers have begun to provide whole, but it will for the first time, provide a genuine promise to Americans living in under- Mr. BLUMENAUER. Mr. Chairman, today’s high-speed data access in my district. If Tau- served communities, both in our inner cities bill contains language that eliminates impor- zin-Dingle passes, these small carriers will be and in rural areas, that they will not be left be- tant provisions of the 1996 Telecommuni- priced out of the market and hundreds of hind as we move to the next generation of the cations Act that were intended to open tele- small businesses will lost a competitive choice communications markets to competition. The Internet. High-speed data services have the in their data provider. This bill does nothing to capability to enfranchise and empower millions legislation allows Bell telephone companies to lower data service rates, and it is bad policy. of Americans. H.R. 1542 has express build-out enter the long-distance Internet data market I urge my colleagues to vote ‘‘no’’ on final pas- provisions that require the large telephone without first opening their local markets to sage of H.R. 1542. Services will not be cheap- companies to upgrade all of their central of- competition. It also deregulates high-speed er for consumers. fices to provide high-speed Internet capability Internet services known as broadband and is Presently it cost me $20 more per month in within 5 years. opposed by consumer protection groups and Texas than I pay in Virginia for the same serv- This is the kind of legislation Congress 31 State Public Utility Commissions, including ices. should be producing. It is bipartisan. It is care- our own commission in Oregon. Mr. KIND. Mr. Chairman, I rise in support of fully crafted. It lifts all Americans. I am concerned that this deregulation could the Tauzin-Dingell Internet Broadband Deploy- Vote ‘‘yes’’ on H.R. 1542. severely hurt consumers by limiting remedies ment Act. Mr. Chairman, I also would like to ask unan- for people with complaints about their tele- Rural communities were the last to get imous consent to insert an article into the communications services, especially in situa- paved roads, the last to get electricity, the last RECORD written by Mr. Stephen Moore in The tions where consumers have been provided to get voice telephone service, and the last to Investors Business Daily. poor service or unusually high rates. In Or- get cable television. Right now the information GOT STIMULUS? BROADBAND BILL WOULD BEEF egon, for example, citizens can currently take superhighway is bypassing rural America, UP FRAIL ECONOMY their DSL or broadband Internet complaints to leaving it behind in the new economy. Rural With Congress stalemated on a tax-cut eco- the Oregon Public Utility Commission. How- Americans do not want to be the last to expe- nomic stimulus plan and the White House

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.024 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H593 considering approval of a dreadful protec- to bring this technology into most homes years. In fact, this will allow the Bells to sit on tionist steel bill, the jittery financial mar- and businesses. How can this investment be their current deployment for years. kets are seeking any positive signs that accelerated? One answer is for Congress to BellSouth told investors that as of year-end Washington will take productive action to let businesses write off their mega-invest- 2001, it already provides broadband access to help jump-start economic growth. No indus- ments the year they’re made. It also must try needs more intelligent help than the em- create a fair-minded regulatory structure 70 percent of its market; Verizon said it de- battled telecommunications sector, where that allows those firms that make the in- ploys DSL to central offices serving 79 percent profits and investment spending have vapor- vestments to reap financial rewards. This of the company’s access lines; and SBC said ized. means eliminating free-riding competitor ac- that it can provide high-speed service to more That’s why a vote in Congress this week on cess without fair payment. than 60 percent of its customers. deregulation of the broadband infrastructure Tauzin-Dingell may be the best chance to The Bells will get the benefits of monopoly carries such heavy significance for the econ- close the digital divide and ensure that the and deregulation without any responsibilities to omy as a whole, and this industry in par- U.S. maintains its commanding competitive ticular. If approved, the Tauzin-Dingell bill edge in global communications into the fu- deploy for years. And once the requirements has the potential over the next decade to ture. It might also be the only chance Con- for them to deploy do finally take effect, the bring high-speed Web service to nearly every gress has this year to pass a genuine eco- Bells will be wholly unregulated in the U.S. home. nomic stimulus bill. amounts they can charge, or they can in fact Broadband service is the Mach 4-speed Mr. UDALL of New Mexico. Mr. Chairman, I evade all requirements to deploy to rural areas Internet technology that will bring to Amer- by selling off their rural exchanges. icans the next generation of Web services. It rise today in opposition to H.R. 1542 and urge my colleagues to support the Cannon-Conyers I would like to point my colleagues to a could transform the Web from a device for study done last July by the Rural Policy Re- exchanging e-mail and checking stock amendment which ensures fair competition quotes into a tool that will link all busi- and consumer protection. search Institute (RUPRI) of H.R. 1542. This nesses in an e-commerce Web, let users Proponents who have visited with me have nonpartisan report found that the 5 year de- quickly download video or music on demand claimed that the Bell’s hands, including Qwest, ployment schedule in H.R. 1542 is insufficient, and give rise to products and applications we are tied when it comes to the deployment of noting that: can only dream of today. broadband to rural and urban places. That’s ‘‘. . . this provision does not guarantee Economist Robert Crandall of the Brook- not necessarily true in my state or my rural service to regions beyond three miles of a ings Institution, and a top deregulation central office and could still leave substantial scholar, calculates that if we can accelerate district. broadband deployment, the value to the U.S. In fact, currently, Qwest Communications is portions of the rural market without broadband economy could reach $500 billion a year. not precluded from offering broadband serv- capabilities.’’ That’s more than the entire economies of ices to its customers. The N.M. State Public Furthermore, RUPRI found that rural sub- most nations. Regulation Commission in 2001 approved an scribers are frequently served by remote ter- Very few actions that Congress could Alternative Form of Regulation agreement, minals, and that in locking competitors out of take—short of scrapping the income tax for which requires Qwest to provide high-speed the Bell’s remote terminals, H.R. 1542 reduces a consumption tax or privatizing Social Se- data services to both urban and rural areas. competition for customers served by remote curity—could deliver those size benefits to terminals. Lastly, the study notes that H.R. workers and consumers. Broadband deregula- H.R. 1542 as written will not improve access tion would seem to be a no-brainer. But this to services in New Mexico and could possibly 1542 does nothing to affect the affordability of issue has become the mother of all political hurt the Bell Operating Companies’ incentive broadband. brawls, pitting AT&T against the Baby Bells, to open their markets to competition as re- Let me put it simply: if you don’t live within including Verizon and BellSouth. Both sides quired in the Telecommunications Act of 1996. 3 miles of a central office, under this bill the have spent tens of millions on lobbying and Without this needed amendment—H.R. Bells are not going to have to deploy to you fatuous TV ads. The truth is, there’s no 1542 will reward the bad behavior of these for years, competitors are going to be shut out angel in this fight. telephone companies who have done very lit- from getting to you, and when, if ever, the The good news is that if Congress shows some common sense, there can be clear-cut tle to encourage the development of competi- Bells do decide to deploy to you, they can winners here—American consumers and busi- tion or the deployment of broadband. We charge whatever they want. In short, nesses, tens of millions of whom lack shouldn’t reward them now with the passage broadband will be either physically unavailable broadband access simply because of a regu- of H.R. 1542 without the safeguards of Can- to rural customers, or economically unavail- latory regime that prevents access to the in- non-Conyers. able to them. This bill will not bring broadband frastructure. Almost eight of 10 homes and Preserving a competitive marketplace is the to rural America and I urge my colleagues to businesses still use clunky dial-up tech- best way to spur affordable broadband deploy- vote no on this bill. nology to access the Web. Broadband tech- ment in urban, suburban, and rural commu- Mr. BISHOP. Mr. Chairman, I support this nology is more than a decade old, and still is bill for many reasons, but here I will list the a rarity in most areas. This makes no sense. nities like the ones I represent. Competition, It’s as if we’re still watching black-and- wherever it has occurred, in the telecommuni- four reasons: white TV. A hallmark of the U.S. era of cation and other industry markets, has virtually 1. H.R. 1542 improves Access for Rural high-tech innovation has been to spread the always brought about better service, greater Customers (I represent a district in rural South technological breakthroughs to the great investment, more options, and lower prices for Georgia) this aspect of the bill is most impor- middle class in short order. consumers. tant to my constituents. Why the still-lingering digital divide be- Support the Cannon-Conyers Amendment This bill will provide unprecedented service tween the information haves and have-nots? which will preserve competition, protect state to rural communities. It contains a deployment Because outdated government regulation is schedule that requires the Bells to offer high- stifling the private-sector investment needed authority, and safeguard consumers. to build the network. Mr. STUPAK. Mr. Chairman, it seems like speed data service throughout their region and Technology analyst George Gilder argues the rural areas always come last. I guess I not only select lucrative areas, like their com- that today’s regulation ‘‘privatizes the risk should be used to it by now, after all, many of petitors do today. Specifically it: and socializes the benefit.’’ Here’s how it my constituents in northern Michigan can’t get Requires the Bells to build out their central works: When a phone company risks its own mail service to their doorsteps, our veterans offices with multiplexing equipment and up- money to wire homes and businesses to have to travel on average 6 hours to get spe- grade each upgradeable loop (less than three broadband, the federal government forces it cialized healthcare from a VA center, and it re- miles) when requested by a customer; or to open its network to competitors at Requires the Bells to serve each customer money-losing, government-set rates. This quired a federal law merely to get electricity to prevents the original investors from cap- many portions of my district. (regardless of upgradeability or loop length) turing the full value of the risk-taking ex- I am therefore not surprised that rural areas with alternative technology. penditure. are the last to get broadband as well. But let Taken together, this means that 100 percent A predictable result has been the collapse me be clear—this bill will do nothing to bring of the Bell’s customers must be offered high- in telecom investment over the past 18 broadband to rural America. In fact, quite the speed data service by the end of five years. months. In 2001, telecom investment con- opposite, H.R. 1542 will make it even more Without passage of H.R. 1542, these areas tracted by $75 billion, a 15 percent decline. difficult for my constituents and for rural citi- will have to wait a long time before they are That’s one of the biggest reasons the indus- try shed over 317,000 jobs last year—the larg- zens across America to get broadband. served, if ever, because these geographic est job loss for any industry ever recorded in H.R. 1542 claims to require broadband de- areas make the least business sense for com- a single year. By some estimates, it will cost ployment to rural areas by laying out a 5 year panies to penetrate. telecom companies some $200 billion of added timetable, with a schedule of 20 percent, 40 2. The bill provides Consumers with Lower broadband investment to lay down the cables percent, and 70 percent buildout in the first 3 Prices, More Choices.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4634 Sfmt 9920 E:\CR\FM\A27FE7.041 pfrm04 PsN: H27PT1 H594 CONGRESSIONAL RECORD — HOUSE February 27, 2002 The rules for competing high-speed Internet trict to illustrate this. Qwest is currently in the internet services should all be governed by the companies are stifling competition. As a con- process of getting back into long distance same rules. When all companies must com- sequence, cable companies which are unfet- service after its merge with US West. It will file pete under the same rules, consumers will tered by regulations, have about 70 percent of its first state application this summer and then benefit—from increased choices, lower prices residential high-speed Internet connections. file for its remaining thirteen states so it can and a stronger economy. Fair competition for all high-speed Internet obtain long distance authority for its entire re- Meanwhile, this bill represents an oppor- services will mean lower costs, more choices gion before the end of the year. I am quite op- tunity to not only help our sagging economy and more access for consumers. This bill timistic that they will be successful in com- but also to cure an ill that continues to plague would provide that kind of fair competition. plying with the checklist, whether or not this our country—the digital divide. The Internet, 3. It restores Fairness to the Marketplace. bill passes, and move on to provide my con- probably nothing in recent memory has done Companies that offer high-speed Internet stituents, along with the rest of consumers in so much so quickly to change the way we access over cable lines, wireless connections their region, great service. work, learn and live. Think about it: It took 38 or satellite links are allowed to develop new The most diverse array of technologies and years for the radio to get to 50 million Amer- services and compete without regulation. Dis- services is what will best serve consumers, ican homes . . . and 12 years for TV. The parities in regulation hurt competition. A level and I do not think H.R. 1542 will facilitate WEB got there in four. And with it have come playing field would guarantee competition and competition or an even-handed promotion of education, entertainment and economic oppor- encourage expansion of new networks. wide-ranging technologies that exist or are tunities like never before. 4. Boosts the Economy—this is another as- currently developing. And today, with the help of a new genera- pect of the bill that is crucially important to our Why now are we now poised to undercut tion of communications technologies, what nation specifically at this time. legislation that has brought the marketplace so used to be the ‘‘world wide wait’’ is rapidly be- The bill allows local phone companies to far along over the past few years? This is not coming a new, wide-open window onto the provide affordable high-speed Internet access. to say that everything has worked out exactly world. H.R. 1542 will move along that This will benefit consumers by providing more as envisioned, but the ’96 Act accomplished progress more quickly and help so many who consumers and small businesses with high some very important goals, and the fact is that have no access or limited access to the kind speed Internet access. In addition, because things are still shaking out. of internet services they should expect and more services will be deployed to more I have grave concerns that enactment of deserve. homes, equipment manufacturers and vendors H.R. 1542 may adversely impact competition That is why I urge all my colleagues to vote will also likely enjoy growth in their business for local telephone service. As currently draft- ‘‘no’’ on the Cannon-Conyers amendment, as well. This all amounts to lower prices, more ed, the legislation puts at risk the line-sharing vote ‘‘no’’ on the motion to recommit, and vote choices, more jobs, and economic growth. I close, Mr. Chairman in encouraging my requirements that allow competitors into the ‘‘yes’’ on final passage. A ‘‘yes’’ vote for Tau- colleagues to vote for this bill, and help our local exchange market. Absent these require- zin-Dingell is a vote for consumers, choice economy and our rural constituents. ments it is unlikely that a truly competitive and competition. The CHAIRMAN. All time for general Ms. DEGETTE. Mr. Chairman, I want to take marketplace will continue to develop. Rather just a few minutes to address a couple of we would likely see market consolidation and debate has expired. In lieu of the amendments rec- issues that are critical to this debate. The dis- the attendant increased rates. ommended by the Committee on En- trict I represent, the Denver metro area, has In my final analysis of this issue, I have con- ergy and Commerce and the Committee become one of the latest telecommunications cluded there is nothing in the 1996 Act that hubs in the country, and I want to talk about prohibits the RBOCs from providing on the Judiciary printed in the bill, the the sort of competition that exists back home, broadband services to the customers that they amendment in the nature of a sub- which is due in large part to the Telecom Act now serve. In fact, they are doing so today, stitute printed in part A of House Re- of ’96. competing with other providers and satisfying port 107–361 is adopted. We have an enormous number of tele- customers the needs of consumers for high- The bill, as amended, shall be consid- communications companies out in Colorado, speed Internet access. ered as an original bill for the purpose from cable companies, those who provide The bottom line is that competition is the of further amendment under the 5- DSL, satellite companies, a vast array of Com- best incentive for broadband deployment. DSL minute rule and shall be considered as petitive Local Exchange Company’s (CLECs). and other technologies have been around for read. So we have a pretty good representation of years. The local exchanges really only began The text of the bill, as amended pur- the sort of services that are available, and we stepping up their roll-outs and lowering their suant to House Resolution 340, is as fol- also have some of the problems that exist prices in response to the emerging competi- lows: across the country, like a lack of services in tion from the CLECs, cable companies, wire- H.R. 1542 the more rural areas of the state, and a dearth less and satellite providers. SECTION 1. SHORT TITLE. of competition for local phone service. It cannot be said enough, and indeed, I This Act may be cited as the ‘‘Internet Clearly the goal of any telecommunications don’t think it has been said enough that we Freedom and Broadband Deployment Act of legislation should be to accelerate the deploy- are obligated to pass, or not pass, a legisla- 2001’’. ment of broadband services to all consumers. tion that will most benefit consumers. Not bills SEC. 2. FINDINGS AND PURPOSE. that will only help certain companies, or par- (a) FINDINGS.—Congress finds the fol- As policymakers, we are charged with doing lowing: our part to facilitate the most competitive mar- ticular technologies, but that will, as I said be- (1) Internet access services are inherently ketplaces that in turn provide the best services fore, create the most diverse and competitive interstate and international in nature, and and prices available. marketplace for our constituents. should therefore not be subject to regulation We need to do so in a way that is tech- Mr. MEEKS of New York. Mr. Chairman, I by the States. nology and industry neutral. I deeply fear that rise this morning in support of H.R. 1542—the (2) The imposition of regulations by the this bill will not only not accomplish this, but Tauzin-Dingell Broadband Deployment Act. If Federal Communications Commission and will actually benefit certain sectors of the in- you believe in competition vote for this bill. As the States has impeded the rapid delivery of dustry and seriously harm others. This bill will Members of Congress, we have the responsi- high speed Internet access services and bility and opportunity to bring increased Internet backbone services to the public, result in the sluggish development and deploy- thereby reducing consumer choice and wel- ment of future advanced technologies. choices for our constituents. fare. For example, the CLECs in my district, H.R. 1542 promotes fair competition for (3) The Telecommunications Act of 1996 which have been heavily hit by the recent high-speed internet services which will mean represented a careful balance between the bumps in the economy, would be in serious lower prices, more choices and greater access need to open up local telecommunications trouble if this bill passed. This is not only be- for consumers. Fair competition will bring high- markets to competition and the need to in- cause of the policy changes mandated by this speed internet services to communities that crease competition in the provision of bill, the details of which we will undoubtedly cannot get them—inner cities, small towns and interLATA voice telecommunications serv- discuss ad nauseum in the next couple of rural areas. ices. (4) In enacting the prohibition on Bell op- hours, but also because the capital that has In order to ensure real competition, all com- erating company provision of interLATA allowed these companies to build up their net- panies that provide high-speed access to the services, Congress recognized that certain works will simply disappear. internet should face the same rules and regu- telecommunications services have character- I do not think this bill is necessary, and I will lations. Cable, wireless, satellite and compa- istics that render them incompatible with use the example of Qwest, located in my dis- nies that all provide competing high-speed the prohibition on Bell operating company

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provision of interLATA services, and ex- ‘‘(25) INTERNET BACKBONE SERVICE.—The exchange carrier shall not be required to pro- empted such services from the interLATA term ‘Internet backbone service’ means any vide unbundled access to the high frequency prohibition. interLATA service that consists of or in- portion of the loop at a remote terminal. (5) High speed data services and Internet cludes the transmission by means of an ‘‘(ii) CHARGES FOR ACCESS TO HIGH FRE- backbone services constitute unique markets Internet backbone of any packets, and shall QUENCY PORTION.—The Commission and the that are likewise incompatible with the pro- include related local connectivity.’’. States shall permit an incumbent local ex- hibition on Bell operating company provi- (b) CONFORMING AMENDMENTS.— change carrier to charge requesting carriers sion of interLATA services. (1) Section 230(f) of the Communications for the high frequency portion of a loop an (6) Since the enactment of the Tele- Act of 1934 (47 U.S.C. 230(f)) is amended— amount equal to which such incumbent local communications Act of 1996, the Federal (A) by striking paragraph (1); and exchange carrier imputes to its own high Communications Commission has construed (B) by redesignating paragraphs (2) speed data service. the prohibition on Bell operating company through (4) as paragraphs (1) through (3), re- ‘‘(D) LIMITATIONS ON REINTERPRETATION OF provision of interLATA services in a manner spectively. LINE SHARING ORDER.—Neither the Commis- that has impeded the development of ad- (2) Section 223(h)(2) of such Act (47 U.S.C. sion nor any State Commission shall con- vanced telecommunications services, there- 223(h)(2)) is amended by striking ‘‘230(f)(2)’’ strue, interpret, or reinterpret the Commis- by limiting consumer choice and welfare. and inserting ‘‘230(f)(1)’’. sion’s Line Sharing Order in such manner as (7) Internet users should have choice SEC. 4. LIMITATION ON AUTHORITY TO REGU- would expand an incumbent local exchange among competing Internet service providers. LATE HIGH SPEED DATA SERVICES. carrier’s obligation to provide access to any (8) Internet service providers should have (a) IN GENERAL.—Part I of title II of the network element for the purpose of line shar- the right to interconnect with high speed Communications Act of 1934 (47 U.S.C. 201 et ing. data networks in order to provide service to seq.) is amended by adding at the end the fol- ‘‘(E) AUTHORITY TO REDUCE ELEMENTS SUB- Internet users. lowing new section: JECT TO REQUIREMENT.—This paragraph shall (b) PURPOSES.—It is therefore the purpose not prohibit the Commission from modifying of this Act to provide market incentives for ‘‘SEC. 232. PROVISION OF HIGH SPEED DATA SERVICES. the regulation referred to in subparagraph the rapid delivery of advanced telecommuni- (B) to reduce the number of network ele- cations services— ‘‘(a) FREEDOM FROM REGULATION.—Except ments subject to the unbundling require- (1) by deregulating high speed data serv- to the extent that high speed data service, ment, or to forbear from enforcing any por- ices, Internet backbone services, and Inter- Internet backbone service, and Internet ac- tion of that regulation in accordance with net access services; cess service are expressly referred to in this the Commission’s authority under section (2) by clarifying that the prohibition on Act, neither the Commission, nor any State, 706 of the Telecommunications Act of 1996, Bell operating company provision of shall have authority to regulate the rates, notwithstanding any limitation on that au- interLATA services does not extend to the charges, terms, or conditions for, or entry thority in section 10 of this Act. provision of high speed data services and into the provision of, any high speed data ‘‘(F) PROHIBITION ON DISCRIMINATORY SUB- Internet backbone services; service, Internet backbone service, or Inter- SIDIES.—Any network element used in the (3) by ensuring that consumers can choose net access service, or to regulate any net- provision of high speed data service that is among competing Internet service providers; work element to the extent it is used in the and provision of any such service; nor shall the not subject to the requirements of sub- (4) by ensuring that Internet service pro- Commission impose or require the collection section (c) shall not be entitled to any sub- viders can interconnect with competitive of any fees, taxes, charges, or tariffs upon sidy, including any subsidy pursuant to sec- high speed data networks in order to provide such service. tion 254, that is not provided on a non- Internet access service to the public. ‘‘(b) SAVINGS PROVISION.—Nothing in this discriminatory basis to all providers of high speed data service and Internet access serv- SEC. 3. DEFINITIONS. section shall be construed to limit or affect ice. This prohibition on discriminatory sub- (a) AMENDMENTS.—Section 3 of the Commu- the authority of any State to regulate cir- nications Act of 1934 (47 U.S.C. 153) is cuit-switched telephone exchange services, sidies shall not be interpreted to authorize amended— nor affect the rights of cable franchise au- or require the extension of any subsidy to (1) by redesignating paragraph (20) as para- thorities to establish requirements that are any provider of high speed data service or graph (21); otherwise consistent with this Act. Internet access service. (2) by redesignating paragraphs (21) ‘‘(c) CONTINUED ENFORCEMENT OF ESP EX- ‘‘(2) RESALE.—For a period of three years through (52) as paragraphs (26) through (57), EMPTION, UNIVERSAL SERVICE RULES PER- after the enactment of this subsection, an in- respectively; MITTED.—Nothing in this section shall affect cumbent local exchange carrier that pro- (3) by inserting after paragraph (19) the fol- the ability of the Commission to retain or vides high speed data service shall have a lowing new paragraph: modify— duty to offer for resale any such service at ‘‘(20) HIGH SPEED DATA SERVICE.—The term ‘‘(1) the exemption from interstate access wholesale rates in accordance with sub- ‘high speed data service’ means any service charges for enhanced service providers under section (c)(4). After such three-year period, that consists of or includes the offering of a Part 69 of the Commission’s regulations, and such carrier shall offer such services for re- capability to transmit, using a packet- the requirements of the MTS/WATS Market sale pursuant to subsection (b)(1). switched or successor technology, informa- Structure Order (97 FCC 2d 682, 715 (1983)); or ‘‘(3) DEFINITIONS.—For purposes of this tion at a rate that is generally not less than ‘‘(2) rules issued pursuant to section 254.’’. subsection— 384 kilobits per second in at least one direc- (b) CONFORMING AMENDMENT.—Section 251 ‘‘(A) the ‘Commission’s Line Sharing tion. Such term does not include special ac- of the Communications Act of 1934 (47 U.S.C. Order’ means the Third Report and Order in cess service offered through dedicated trans- 251) is amended by adding at the end thereof CC Docket No. 98–147 and the Fourth Report port links between a customer’s premises the following new subsection: and Order in CC Docket 96–98 (FCC 99–355), as and an interexchange carrier’s switch or ‘‘(j) EXEMPTION.— adopted November 18, 1999, and without re- point of presence.’’; ‘‘(1) ACCESS TO NETWORK ELEMENTS FOR gard to any clarification or interpretation in (4) by inserting after paragraph (21) the fol- HIGH SPEED DATA SERVICE.— the further notice of proposed rulemaking in lowing new paragraphs: ‘‘(A) LIMITATION.—Subject to subpara- such Dockets adopted January 19, 2001 (FCC ‘‘(22) INTERNET.—The term ‘Internet’ graphs (B), (C), and (D) of this paragraph, 01–26); and means collectively the myriad of computer neither the Commission nor any State shall ‘‘(B) the term ‘remote terminal’ means an and telecommunications facilities, including require an incumbent local exchange carrier accessible terminal located outside of the equipment and operating software, which to provide unbundled access to any network central office to which analog signals are comprise the interconnected world-wide net- element for the provision of any high speed carried from customer premises, in which work of networks that employ the Trans- data service. such signals are converted to digital, and mission Control Protocol/Internet Protocol, ‘‘(B) PRESERVATION OF REGULATIONS AND from which such signals are carried, gen- or any predecessor or successor protocols to LINE SHARING ORDER.—Notwithstanding sub- erally over fiber, to the central office.’’. such protocol, to communicate information paragraph (A), the Commission shall, to the (c) PRESERVATION OF EXISTING INTER- of all kinds by wire or radio. extent consistent with subsections (c)(3) and CONNECTION AGREEMENTS.—Nothing in the ‘‘(23) INTERNET ACCESS SERVICE.—The term (d)(2), require the provision of unbundled ac- amendments made by this section— ‘Internet access service’ means a service that cess to those network elements described in (1) shall be construed to permit or require combines computer processing, information section 51.319 of the Commission’s regula- the abrogation or modification of any inter- storage, protocol conversion, and routing tions (47 C.F.R. 51.319), as— connection agreement in effect on the date with transmission to enable users to access ‘‘(i) in effect on January 1, 1999; and of enactment of this section during the term Internet content and services. ‘‘(ii) subject to subparagraphs (C) and (D), of such agreement, except that this para- ‘‘(24) INTERNET BACKBONE.—The term as modified by the Commission’s Line Shar- graph shall not apply to any interconnection ‘Internet backbone’ means a network that ing Order. agreement beyond the expiration date of the carries Internet traffic over high-capacity ‘‘(C) EXCEPTIONS TO PRESERVATION OF LINE existing current term contained in such long-haul transmission facilities and that is SHARING ORDER.— agreement on the date of enactment of this interconnected with other such networks via ‘‘(i) UNBUNDLED ACCESS TO REMOTE TER- section, without regard to any extension or private peering relationships. MINAL NOT REQUIRED.—An incumbent local renewal of such agreement; or

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(2) affects the implementation of any high speed data service or Internet backbone ‘‘(2) HIGH SPEED DATA CAPABILITY.—For change of law provision in any such agree- service provided by such company.’’. purposes of paragraph (1), a central office ment. (c) NOTICE TO ATTORNEY GENERAL.—Section shall be considered to have attained high SEC. 5. INTERNET CONSUMERS FREEDOM OF 271 of such Act is further amended by adding speed capability if— CHOICE. at the end the following new subsection: ‘‘(A)(i) such central office is equipped with Part I of title II of the Communications ‘‘(l) NOTICE TO ATTORNEY GENERAL.— high speed data multiplexing capability; and Act of 1934, as amended by section 4, is ‘‘(1) STATEMENT REQUIRED.—Not less than ‘‘(ii) each upgradeable customer loop that amended by adding at the end the following 30 days before commencing to offer any originates or terminates in such central of- new section: interLATA high speed data service or Inter- fice is upgraded promptly upon receipt of a customer request for such upgrading, as nec- ‘‘SEC. 233. INTERNET CONSUMERS FREEDOM OF net backbone service originating in an in-re- CHOICE. gion State pursuant to paragraph (7) of sub- essary to permit transmission of high speed data service (including any conditioning of ‘‘(a) PURPOSE.—It is the purpose of this section (g), a Bell operating company shall section to ensure that Internet users have submit to the Attorney General a statement the loop); freedom of choice of Internet service pro- that ‘‘(B) each customer served by such central vider. ‘‘(A) expresses the intention to commence office (without regard to the upgradeability or length of the customer’s loop) is able to ‘‘(b) OBLIGATIONS OF INCUMBENT LOCAL EX- providing such service in such State; obtain the provision of high speed data serv- CHANGE CARRIERS.—Each incumbent local ex- ‘‘(B) provides a description of the service ice from such Bell operating company or its change carrier has the duty to provide— to be offered; and affiliate by means of an alternative tech- ‘‘(1) Internet users with the ability to sub- ‘‘(C) identifies the geographic region with- nology that does not involve the use of the scribe to and have access to any Internet in the State in which the service will be of- customer’s loop; or service provider that interconnects with fered, if the service is not going to be offered ‘‘(C) each such customer is able to obtain such carrier’s high speed data service; Statewide. the provision of high speed data service by ‘‘(2) any Internet service provider with the ‘‘(2) ADDITIONAL CONTENTS PROHIBITED.— one or the other of the means described in right to acquire the facilities and services The Attorney General may not require a subparagraphs (A) and (B). necessary to interconnect with such carrier’s statement under this subsection to contain any additional information other than that ‘‘(3) UPGRADEABLE LOOPS.—For purposes of high speed data service for the provision of paragraph (2), a customer loop is upgradeable Internet access service; specified in subparagraph (A), (B), and (C) of paragraph (1). if— ‘‘(3) any Internet service provider with the ‘‘(A) such loop is less than 15,000 feet in ability to collocate equipment in accordance ‘‘(3) CONFIDENTIAL TREATMENT OF STATE- MENTS.—A statement submitted to the At- length (from the central office to the cus- with the provisions of section 251, to the ex- tomer’s premises along the line); and tent necessary to achieve the objectives of torney General under this subsection shall be exempt from disclosure under section 552 ‘‘(B) such loop can, with or without condi- paragraphs (1) and (2) of this subsection; and tioning, transmit high speed data services ‘‘(4) any provider of high speed data serv- of title 5, United States Code, and no such statement may be made public, except as without such transmission on such loop ices, Internet backbone service, or Internet causing significant degradation of voice access service with special access for the may be relevant to any administrative or ju- dicial action or proceeding.’’. service. provision of Internet access service within a ‘‘(c) AVAILABILITY OF REMEDIES.— (d) CONFORMING AMENDMENTS.— period no longer than the period in which ‘‘(1) FORFEITURE PENALTIES.—A Bell oper- (1) Section 272(a)(2)(B)(i) of such Act is such incumbent local exchange carrier pro- ating company or its affiliate that fails to amended to read as follows: vides special access to itself or any affiliate comply with this section shall be subject to ‘‘(i) incidental interLATA services de- for the provision of such service. the penalties provided in section 503(b)(2). In scribed in paragraphs (1), (2), (3), (5), (6), and ‘‘(c) DEFINITIONS.—As used in this section— determining whether to impose a forfeiture (7) of section 271(g);’’. ‘‘(1) INTERNET SERVICE PROVIDER.—The penalty, and in determining the amount of term ‘Internet service provider’ means any (2) Section 272(a)(2)(C) of such Act is re- any forfeiture penalty under section provider of Internet access service. pealed. 503(b)(2)(D), the Commission shall take into ‘‘(2) INCUMBENT LOCAL EXCHANGE CARRIER.— SEC. 7. DEPLOYMENT OF BROADBAND SERVICES. consideration the extent to which the re- The term ‘incumbent local exchange carrier’ Part III of title II of the Communications quirements of this section are technically in- has the same meaning as provided in section Act of 1934 is amended by inserting after sec- feasible. 251(h). tion 276 (47 U.S.C. 276) the following new sec- ‘‘(2) JURISDICTION.—The Commission shall ‘‘(3) SPECIAL ACCESS SERVICE.—The term tion: have exclusive jurisdiction to enforce the re- ‘special access service’ means the provision ‘‘SEC. 277. DEPLOYMENT OF BROADBAND SERV- quirements of this section, except that any of dedicated transport links between a cus- ICES. State commission may file a complaint with tomer’s premises and the switch or point of ‘‘(a) DEPLOYMENT REQUIRED.—Each Bell op- the Commission seeking the imposition of presence of a high speed data service pro- erating company and its affiliates shall de- penalties as provided in paragraph (1). vider, Internet backbone service provider, or ploy high speed data services in each State ‘‘(d) ANNUAL REPORT ON DEPLOYMENT.— Internet service provider.’’. in which such company or affiliate is an in- ‘‘(1) ANALYSIS REQUIRED.—The Commission SEC. 6. INCIDENTAL INTERLATA PROVISION OF cumbent local exchange carrier (as such shall include in each of its annual reports HIGH SPEED DATA AND INTERNET term is defined in section 251(h)) in accord- submitted no more than 18 months after the BACKBONE SERVICES. ance with the requirements of this section. date of enactment of this section an analysis (a) INCIDENTAL INTERLATA SERVICE PER- ‘‘(b) DEPLOYMENT REQUIREMENTS.— of the deployment of high speed data service MITTED.—Section 271(g) of the Communica- ‘‘(1) MILEPOSTS FOR DEPLOYMENT.—A Bell to underserved areas. Such report shall tions Act of 1934 (47 U.S.C. 271(g)) is operating company or its affiliate shall de- include— amended— ploy high speed data services by attaining ‘‘(A) a statistical analysis of the extent to (1) by striking ‘‘or’’ at the end of paragraph high speed data capability in its central of- which high speed data service has been de- (5); fices in each State to which subsection (a) ployed to central offices and customer loops, (2) by striking the period at the end of applies. Such company or affiliate shall at- or is available using different technologies, paragraph (6) and inserting ‘‘; or’’; and tain such capability in accordance with the as compared with the extent of such deploy- (3) by adding at the end thereof the fol- following schedule: ment and availability prior to such date and lowing new paragraph: ‘‘(A) Within one year after the date of en- in prior reports under this subsection; ‘‘(7) of high speed data service or Internet actment of this section, such company or af- ‘‘(B) a breakdown of the delivery of high backbone service.’’. filiate shall attain high speed data capa- speed data service by type of technology and (b) PROHIBITION ON PROVISION OF VOICE bility in not less than 20 percent of such cen- class or category of provider; TELEPHONE SERVICES.—Section 271 of such tral offices in such State. ‘‘(C) an identification of impediments to Act is amended by adding at the end thereof ‘‘(B) Within 2 years after the date of enact- such deployment and availability, and devel- the following new subsection: ment of this section, such company or affil- opments in overcoming such impediments ‘‘(k) PROHIBITION ON PROVISION OF VOICE iate shall attain high speed data capability during the intervening period between such TELEPHONE SERVICES.—Until the date on in not less than 40 percent of such central of- reports; and which a Bell operating company is author- fices in such State. ‘‘(D) recommendations of the Commission, ized to offer interLATA services originating ‘‘(C) Within 3 years after the date of enact- after consultation with the National Tele- in an in-region State in accordance with the ment of this section, such company or affil- communications and Information Adminis- provisions of this section, such Bell oper- iate shall attain high speed data capability tration, for further extending such deploy- ating company offering any high speed data in not less than 70 percent of such central of- ment and availability and overcoming such service or Internet backbone service pursu- fices in such State. impediments. ant to the provisions of paragraph (7) of sub- ‘‘(D) Within 5 years after the date of enact- ‘‘(2) DEFINITION OF UNDERSERVED AREA.— section (g) may not, in such in-region State ment of this section, such company or affil- For purposes of paragraph (1), the term ‘un- provide interLATA voice telecommuni- iate shall attain high speed data capability derserved areas’ means areas that— cations service, regardless of whether there in not less than 100 percent of such central ‘‘(A) are high cost areas that are eligible is a charge for such service, by means of the offices in such State. for services under subpart D of part 54 of the

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.028 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H597 Commission’s regulations (47 C.F.R. 54.301 et INTERNET FREEDOM AND (B) an analysis of any changes in the num- seq.); or BROADBAND DEPLOYMENT ACT ber, type, seriousness, or repetition of viola- ‘‘(B) are within or comprised of any census OF 2001 tions; and tract— (C) an analysis of such other factors as the ‘‘(i) the poverty level of which is at least 30 The Committee resumed its sitting. Commission considers appropriate to evalu- percent (based on the most recent census The CHAIRMAN. It is now in order to ate such impact. data); or consider amendment No. 1 printed in (2) REPORT.—Within one year after such ‘‘(ii) the median family income of which part B of House Report 107–361. date of enactment, the Commission shall does not exceed— PART B AMENDMENT NO. 1 OFFERED BY MR. submit a report on the evaluation to the ‘‘(I) in the case of a census tract located in UPTON Committee on Energy and Commerce of the a metropolitan statistical area, 70 percent of Mr. UPTON. Mr. Chairman, I offer House of Representatives and the Committee the greater of the metropolitan area median amendment No. 1. on Commerce, Science, and Transportation family income or the statewide median fam- The CHAIRMAN. The Clerk will des- of the Senate. ily income; and ignate the amendment. The CHAIRMAN. Pursuant to House ‘‘(II) in the case of a census tract located The text of the amendment is as fol- Resolution 350, the gentleman from in a nonmetropolitan statistical area, 70 per- cent of the nonmetropolitan statewide me- lows: Michigan (Mr. UPTON) and a Member dian family income. Part B Amendment No. 1 offered by Mr. opposed each will control 20 minutes. ‘‘(3) DESIGNATION OF CENSUS TRACTS.—The UPTON: The Chair recognizes the gentleman Commission shall, not later than 90 days At the end of the bill, add the following from Michigan (Mr. UPTON). after the date of the enactment of this sec- new section: Mr. UPTON. Mr. Chairman, I ask tion, designate and publish those census SEC. 9. COMMON CARRIER ENFORCEMENT. unanimous consent to yield 10 minutes (a) CEASE AND DESIST AUTHORITY.—Section tracts meeting the criteria described in para- of my time to the gentleman from graph (2)(B).’’. 501 of the Communications Act of 1934 (47 U.S.C. 501) is amended— Texas (Mr. GREEN) for his use and for SEC. 8. COMMISSION AUTHORIZED TO PRE- (1) by striking ‘‘Any person’’ and inserting him to yield that time to other Mem- SCRIBE JUST AND REASONABLE CHARGES. ‘‘(a) FINES AND IMPRISONMENT.—Any person’’; bers as he sees fit. The Federal Communications Commission (2) by adding at the end the following new The CHAIRMAN. Is there objection may impose penalties under section 503 of subsection: to the request of the gentleman from ‘‘(b) CEASE AND DESIST ORDERS.— If, after a the Communications Act of 1934 not to ex- hearing, the Commission determines that Michigan? ceed $1,000,000 for any violation of provisions any common carrier is engaged in an act, There was no objection. contained in, or amended by, section 5, 6, or matter, or thing prohibited by this Act, or is Mr. UPTON. Mr. Chairman, I yield 7 (or any combination thereof) of this Act. failing to perform any act, matter, or thing myself such time as I may consume. Each distinct violation shall be a separate required by this Act, the Commission may offense, and in the case of a continuing viola- Mr. Chairman, as the chairman of the order such common carrier to cease or desist Subcommittee on Telecommunications tion, each day shall be deemed a separate of- from such action or inaction.’’. fense, except that the amount assessed for (b) FORFEITURE PENALTIES.—Section 503(b) and the Internet, I am very pleased to any continuing violation shall not exceed a of the Communications Act of 1934 (47 U.S.C. offer this commonsense, bipartisan en- total of $10,000,000 for any single act or fail- 503(b)) is amended— forcement amendment with my good ure to act described in section 5, 6, or 7 (or (1) in paragraph (2)(B)— friend and colleague, the gentleman any combination thereof) of this Act. (A) by striking ‘‘exceed $100,000’’ and in- from Texas (Mr. GREEN). SEC. 9. CLARIFICATION OF CONTINUING OPER- serting ‘‘exceed $1,000,000’’; and When I became chairman last year, ATION OF ANTITRUST LAWS. (B) by striking ‘‘of $1,000,000’’ and inserting one of the first things I did was to in- Section 601(b) of the Telecommunications ‘‘of $10,000,000’’; Act of 1996 (Public Law 104-104; 110 Stat. 143) (2) in paragraph (2)(C), by striking ‘‘sub- vite the then new chairman of the FCC, is amended by adding at the end the fol- paragraph (A) or (B)’’ and inserting ‘‘sub- Chairman Powell, to appear before the lowing new paragraph: paragraph (A), (B), or (C)’’; subcommittee to present his vision for ‘‘(4) CONTINUING OPERATION OF THE ANTI- (3) by redesignating subparagraphs (C) and that agency. The thing that struck me TRUST LAWS.—Paragraph (1) shall be inter- (D) of paragraph (2) as subparagraphs (D) and most was his message that the FCC’s preted to mean that the antitrust laws are— (E), respectively; current enforcement authority was in ‘‘(A) not repealed by, (4) by inserting after subparagraph (B) of fact too weak, and that the FCC’s cur- paragraph (2) the following new subpara- ‘‘(B) not precluded by, rent fines were viewed by many as sim- ‘‘(C) not diminished by, and graph: ‘‘(D) not incompatible with, ‘‘(C) If a common carrier has violated a ply the cost of doing business for many cease and desist order or has previously been companies. the Communications Act of 1934, this Act, or assessed a forfeiture penalty for a violation any law amended by either such Act.’’. of a provision of this Act or of any rule, reg- b 1415 The CHAIRMAN. No further amend- ulation, or order issued by the Commission, And I heard that from many competi- ment to the bill, as amended, shall be and if the Commission or an administrative tive carriers as well. in order except those printed in part B law judge determines that such common car- In a letter to Congress last year, of the report. Each amendment may be rier has willfully violated the same provi- sion, rule, regulation, that this repeated vio- Chairman Powell specifically wrote offered only in the order printed in the lation has caused harm to competition, and that, among other things, Congress report, may be offered only by a Mem- that such common carrier has been assessed should consider increasing the cap on ber designated in the report, shall be a forfeiture penalty under this subsection for fines to at least $10 million in order to considered as read, debatable for the such previous violation, the Commission enhance their deterrent effect. The cur- time specified in the report, equally di- may assess a forfeiture penalty not to exceed rent cap, of course, is at $1.2 million. $2,000,000 for each violation or each day of vided and controlled by the proponent Responding to Chairman Powell’s and an opponent, shall not be subject continuing violation; except that the amount of such forfeiture penalty shall not recommendation, we are, in fact, offer- to amendment, and shall not be subject exceed $20,000,000.’’; and ing this bipartisan amendment which to a demand for a division of the ques- (5) in paragraph (6)(B), by striking ‘‘1 year’’ will substantially increase the FCC’s tion. and inserting ‘‘2 years’’. fines for phone companies which vio- The Committee will rise informally. (c) EVALUATION OF IMPACT.— late the telecommunications law by The Speaker pro tempore (Mr. (1) EVALUATION REQUIRED.—Within one year after the date of enactment of this Act, the elevating the current cap from $1.2 mil- WELDON of Florida) assumed the chair. Federal Communications Commission shall lion to $10 million and increasing the conduct an evaluation of the impact of the amount up to which the FCC can im- f increased remedies available under the pose per violation or each day of a con- amendments made by this section on im- tinuing violation from $120,000 to $1 MESSAGE FROM THE PRESIDENT proving compliance with the requirements of million. We did exactly what Chairman A message in writing from the Presi- the Communications Act of 1934, and with Powell requested. dent of the United States was commu- the rules, regulations, and orders of the In addition, for repeat offenders the Commission thereunder. Such evaluation nicated to the House by Ms. Evans, one shall include— amendment doubles the increased fines of his secretaries. (A) an assessment of the number of en- up to $2 million per violation or each The SPEAKER pro tempore. The forcement proceedings commenced before day of a continuing violation capped at Committee will resume its sitting. and after such date of enactment; $20 million.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.028 pfrm04 PsN: H27PT1 H598 CONGRESSIONAL RECORD — HOUSE February 27, 2002 The amendment also doubles from 1 The CHAIRMAN. The gentleman the gentleman from Florida (Mr. to 2 years the statute of limitations for from Texas (Mr. GREEN) now has 15 STEARNS), the vice chairman of the the FCC to bring enforcement actions minutes of debate time to control. Subcommittee on Telecommunications against phone companies, which will Mr. GREEN of Texas. Mr. Chairman, and the Internet of the Committee on give the FCC a better opportunity to I yield myself such time as I may con- Energy and Commerce. thoroughly investigate an alleged vio- sume. Mr. STEARNS. Mr. Chairman, I lation and bring charges. Chairman Mr. Chairman, I want to thank the thank the gentleman for yielding me Powell also asked for this. chairman for making sure about the time. We also give the FCC clear, statutory time, because I did not hear anyone Mr. Chairman, I rise today in strong cease and desist authority to use claim any time in opposition either. support of the amendment being of- against phone companies which violate Mr. Chairman, I rise in strong sup- fered by my good friend, the gentleman any of the telecommunications laws. port of the Upton-Green amendment, from Michigan (Mr. UPTON), and of Finally, we direct the FCC to study and it is an important addition to the course my colleague, the gentleman the impact of the enhanced fines under Tauzin-Dingell bill. It will give the from Texas (Mr. GREEN). I am an origi- the bill and report back to us, the Con- FCC more teeth to stop bad behavior if nal co-sponsor of this legislation which gress, one year after enactment. America’s phone companies are actu- strengthens the FCC’s enforcement The amendment applies to all com- ally doing that. ability. mon carriers. For example, it would af- During the earlier debate we heard As Congress and the FCC ensure the fect not only a Bell company’s viola- some of the horror stories, but this deregulatory progression of tele- tion of the Telecommunications Act would actually raise the fees so it is no communication sectors, proper en- but also a long distance company’s longer just the cost of the doing busi- forcement mechanisms serve as nec- slamming as well. ness. It actually has penalties in it. essary tools in protecting competition. It is important to note that these Phones companies, if they slam and Winners and losers should be picked by substantially increased fines would not cram new phone charges to our con- consumers and the marketplace, rather be the only enforcement mechanisms stituents, will now face stiffer fines if than outdated regulatory schemes. facing the Bell companies. For exam- our amendment is adopted. However, it is equally important to ple, there is also the existing Section Bell companies who may be acting in note that, absent regulation, meaning- 208 complaint process at which the FCC a manner that hurts competition will ful enforcement must serve as one of through which a Bell company could be now face stiffer financial penalties key principals ensuring that competi- liable for damages. Moreover, some from the FCC. tion and consumers are not harmed. Bell companies must also pay if they Working with my good friend, the Mr. Chairman, I have met with indus- fail to meet performance goals estab- gentleman from Michigan (Mr. UPTON), try representatives who tell me the lished by the FCC in their merger our amendment increases the FCC’s FCC’s current cap of $1 million in pen- agreements, that was part of the Rush forfeiture penalty tenfold. Currently, alties is insufficient to deter violation amendment that we accepted in the the FCC can only fine a company a and oftentimes such fines are cal- committee, not to mention the lit- total of $1.2 million per violation. culated into the cost of doing business. erally millions of State PUC-enforced Under the Upton-Green amendment, Furthermore, FCC Chairman Powell performance measures penalties which the FCC will now be able to fine com- testified before the Committee on En- get assessed as well. panies up to $10 million per violation. ergy and Commerce regarding the We hope you will support our efforts In addition, the amendment increases Commission’s ability to deter viola- to greatly enhance the FCC’s enforce- the fines the FCC can impose on con- tions through enforcement mecha- ment authority as we seek to accel- tinuing violations. Our amendment ups nisms. In fact, he testified, ‘‘The en- erate the deployment of broadband the FCC continuing violation to a cap forcement tools made available to us high-speed Internet access to under- of $20 million. are inadequate with billion dollar in- served areas in our country through FCC Chairman Michael Powell in a dustries. Our fines are trivial. They are the passage of the underlying bill, H.R. letter to Congress last year asked for the cost of doing business for many of 1542. this increase. We agree it is justified these companies.’’ As a matter of fact, I want to thank in particular the and reasonable. they just make it part of doing busi- gentleman from Florida (Mr. STEARNS), Other provisions in the amendment ness. the gentleman from Nebraska (Mr. double the statute of limitations for During this committee’s consider- TERRY), the gentleman from Illinois imposing a fine from 1 to 2 years, pro- ation of H.R. 1542, the Broadband De- (Mr. SHIMKUS), and the gentleman from vides new cease and desist authority to regulation Bill, the committee accept- New York (Mr. FOSSELLA), obviously, the FCC as well. ed one of my amendments creating spe- as well as my co-sponsor, the gen- Taken as a whole, I believe our cific and severe penalties totalling up tleman from Texas (Mr. GREEN), for amendment is not only a reasonable to $10 million for failure to comply their good work on this issue through- step but a consumer-oriented step to- with the specific legislation. Further- out the process. I would urge the pas- wards better protecting our American more, the gentleman from Michigan sage of this amendment. consumers. (Mr. UPTON) and I offered an amend- Mr. Chairman, I reserve the balance Phone companies may realize that ment enhancing the FCC enforcement of my time. their efforts to illegally boost profits authority under Title 5 of the Commu- Mr. TAUZIN. Mr. Chairman, has any- on the backs of our constituents will nications Act. While that amendment one claimed time in opposition to the no longer be tolerated. I urge my col- was not germane to H.R. 1542, many amendment? leagues to support the amendment. provisions of that legislation are now The CHAIRMAN. The Chair does not Mr. Chairman, I reserve the balance present in the amendment we are con- see any Member rising in opposition. of my time. sidering today. Mr. TAUZIN. Mr. Chairman, as a sup- The CHAIRMAN. The Chair miscal- Mr. Chairman, let me state that this porter I would like to claim that time culated to the gentleman from Texas amendment bill is not intended to in opposition that we might use it to (Mr. GREEN) earlier about his total de- favor ILECs, CLECs or IXCs over one discuss the amendment. bate time, so the Chair will now review another. The provisions in this bill are The CHAIRMAN. Is there objection the amount of time remaining for each intended to equally apply to all com- to the request of the gentleman from of the three Members controlling de- mon carriers. The FCC and State PUCs Louisiana? bate time. have existing laws on the books in- There was no objection. The gentleman from Michigan (Mr. tended to ensure competitive competi- The CHAIRMAN. The gentleman UPTON) has 61⁄2 minutes, the gentleman tion thrives. This legislation will make from Louisiana (Mr. TAUZIN) claims the from Louisiana (Mr. TAUZIN) has 10 certain the commission has a big bat, time. minutes, and the gentleman from enough to enforce those laws and regu- Mr. TAUZIN. Mr. Chairman, I yield Texas (Mr. GREEN) has 18 minutes. lations. half of this time to the gentleman from Mr. UPTON. Mr. Chairman, I yield 4 With this legislation, we empower Texas (Mr. GREEN). minutes to my friend and colleague, the FCC with enforcement powers, thus

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.078 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H599 ensuring common carriers will think on that highway. That highway is the it should be that it acts as a deterrent. twice about failing to comply with this broadband, that highway is access, But the present fines for violation of Nation’s telecommunications laws. that highway is just innovation, that telecommunications law are low This amendment is centered upon highway is access for small business to enough that paying them has been de- Chairman Powell’s recommendation communicate with other small busi- scribed as simply the cost of doing enhancing the Commission’s enforce- ness or family members to commu- business. ment authority on common carriers. nicate with other family members, not b 1430 Specifically, this bill, as mentioned, just across Staten Island but across the enhances forfeiture penalties up to $1 world. But that access is limited to less This amendment changes that. This million for each violation for each day than 10 percent of the American people amendment will increase the fines by a of a continuing series of violations and and, by the way, most of whom are af- factor of ten. A $120,000-per-day fine is up to $10 million for any continuing fluent. increased to $1 million per day. The violation, and those fines are increased What we have not done and, unless $1.2 million cap for a violation is raised up to $20 million if a company violates this legislation is passed, we will not to $10 million for a violation. And for a cease and desist order or is a repeat encourage or actually mandate the repeat offenders, the new higher limits offender. construction of new ramps to allow are double. Furthermore, as recommended by more Americans, indeed all Americans, This will also expand the time in Chairman Powell, this legislation in- access to this wonderful thing we call which the FCC has to bring an enforce- creases the statute of limitation for the highway of broadband. Now, we can ment action against a violator from 1 forfeiture against common carriers sit here and we can whistle Dixie or we to 2 years. Often we on the Sub- from one year to two. can sing until the cows come home and committee on Telecommunications and Lastly, Mr. Chairman, this amend- say we hope for those ramps to be the Internet have been told that 1 year ment brings up to date the tools the built, but unless this were to be passed is just insufficient time for the FCC to FCC will have at its disposal to punish that would not happen. properly investigate a potential viola- and deter bad behavior. The last time Let us remove the obstacles. Let us tion. Again, this is an attempt to make the law was changed was in 1989. Fur- encourage the private sector and let this legislation balanced. It is why all thermore, this amendment ensures competition reign and let the deploy- my colleagues should support the un- that fines and penalties by the FCC are ment of broadband take hold across the derlying Tauzin-Dingell bill, and I urge more than just mere calculations as a country. Let those ramps be built. my colleagues to support this amend- line item on balance sheets for vio- At the same time, what the amend- ment. lating companies. So I urge the adop- ment seeks to do is say and to stipu- Mr. TAUZIN. Mr. Chairman, I am tion of this amendment. late to those Bells, for example, that if pleased to yield 2 minutes to the gen- Mr. TAUZIN. Mr. Chairman, I yield 3 you violate any of these telecommuni- tleman from Nebraska (Mr. TERRY), a minutes to the gentleman from the Big cations laws you will be penalized and distinguished member of the Sub- Apple, New York (Mr. FOSSELLA), a dis- penalized severely. Is that not what it committee on Telecommunications and tinguished member of the Committee is all about? So it brings it back home the Internet of the Committee on En- on Energy and Commerce. ergy and Commerce. (Mr. FOSSELLA asked and was given for that gentleman that called and said, when am I going to get it? Mr. TERRY. Mr. Chairman, I thank permission to revise and extend his re- the gentleman for yielding me this marks.) Unless this bill is passed with this time, and I rise in support of the Upton Mr. FOSSELLA. Mr. Chairman, I rise amendment, he may never get it. But if enforcement amendment. in support of the amendment as well. this bill is passed, then we will see I commend the gentleman from broadband being deployed across the This amendment will significantly strengthen the FCC’s enforcement of Michigan (Mr. UPTON), the gentleman United States and America retain its from Texas (Mr. GREEN), the gentleman rightful place as the leader in tele- the Telecommunications Act of 1996. from Michigan (Mr. DINGELL), and, of communications and information tech- Because of this amendment, the FCC course, the chairman of the committee, nology and leave it up to the private will finally be given an enhanced en- the gentleman from Louisiana (Mr. sector to make those calls. Right now, forcement opportunity, which is crit- TAUZIN). that is the case. ical, which is critical to the ability to I think the issue in the overall arch- Mr. GREEN of Texas. Mr. Chairman, mandate compliance to the Tauzin- ing legislation comes down to where do I yield 2 minutes to the gentleman Dingell bill. we go from here and what is the role of from New York (Mr. ENGEL), a current In a recent letter to Congress, FCC government in deploying broadband member of the Committee on Energy Chairman Powell noted that the FCC is across the entire United States; and and Commerce. limited in levying fines for any single rather than start here in Washington Mr. ENGEL. Mr. Chairman, I thank violation to $1.2 million. And due to or in Congress, let us start back in my the gentleman from Texas (Mr. GREEN) the vast resources of many of the Na- home town of Staten Island. for yielding me time. tion’s phone companies, this amount is We got a call recently from a gen- Mr. Chairman, I rise in support of insufficient to punish or deter viola- tleman who said he does not have ac- this amendment. I strongly support the tors. This amendment would address cess to cable television but would like underlying bill, but we can always these concerns and raise the single-vio- a DSL line in his home. We called the make improvements to legislation. lation penalty ten times its current local Bell, and there is no plans what- Again, this is an example of the pro- level, capping the penalty at $10 mil- soever to deploy that to his home. So ponents of the bill trying to be fair lion. the issue then becomes what to do. with the legislation, trying to have This reminds me of a recent city I Well, nothing as far as he is concerned, balanced legislation. That may not be went to and a parking ticket was $10, unless this legislation were to pass. legislation that everyone agrees with but it cost $20 to park in a parking lot. We cannot compel the local Bell to 100 percent, but on balance it is good Where is the incentive? And during the deploy broadband. We cannot compel and it is fair and that is what this hearings held by Chairman UPTON we the local cable operator to deploy amendment is trying to do. learned from several of these compa- broadband. What we can do and what I Last year we not only installed a new nies that there is a disincentive to think what this legislation will do will President but a new Chair of the FCC. complying with the current FCC regu- encourage the deployment of Michael Powell immediately impressed lations. So I thank the gentleman for broadband and then ultimately man- me when he said violators of tele- introducing this amendment to date it after 5 years. So that gen- communications law, that he wanted strengthen these fines and provide the tleman, not unlike more than 90 per- the authority to hit them hard and hit proper incentive to comply. cent of the people across America, will them fast. We have that opportunity Another part of this that I think is now have a choice. with this amendment to do just that. just as important as the monetary fine Now if I were to visualize it, there is Why should we? The fact is that with is the fact that they can issue orders to a highway. There is a ramp that goes any regulation when a fine is imposed cease and desist their conduct of not

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.079 pfrm04 PsN: H27PT1 H600 CONGRESSIONAL RECORD — HOUSE February 27, 2002 complying. This is an extremely impor- here this day at the end of this debate, punish a Bell for not opening up its tant facet of this that we have not and I look for others in this great city local market, for not complying with heard much discussion about. The FCC here in Washington to follow this lead the law, section 251, which is mandated needs the ability to not only identify that we are involved in here today. but unenforced today. the conduct but order them to stop and Mr. GREEN of Texas. Mr. Chairman, It does more than say we are going to apply meaningful fines. By increasing I yield myself such time as I may con- fine you and penalize you if you fail to the penalties that the FCC can levy, sume. do that. It contains authority that Mr. the more phone companies will comply Mr. Chairman, I understand that the Powell and the FCC requested of our with the act and will provide services gentleman from Michigan (Mr. UPTON) committee to order any Bell company to areas they should be providing now is ready to close, and I do not have any to cease and desist and to enforce that and do not. more speakers. I guess the amendment order in court if any Bell company con- I thank Chairman TAUZIN and Chair- is so popular everybody is just going to ducts itself in a fashion that is anti- man UPTON for bringing this to the let it happen, and I am glad to say this competitive. floor. I am in support of it. makes a good bill even better. So what this amendment does and Mr. TAUZIN. Mr. Chairman, I am Mr. Chairman, I yield back the bal- what makes it so very important to the pleased to yield 2 minutes to the dis- ance of my time. bill is that it says while the Bells are tinguished gentleman from Texas (Mr. Mr. TAUZIN. Mr. Chairman, I yield allowed to get out and deploy the new BONILLA) myself such time as I may consume. broadband systems, they cannot forget Mr. BONILLA. Mr. Chairman, I Mr. Chairman, I just want to say that their obligation to open up the local thank the gentleman from Louisiana one of the complaints about the bill as telephone markets to as much com- (Mr. TAUZIN) for yielding me this time, we originated it is that it took away petition as we can get. and I rise in strong support of the one of the carrots that would encour- In short, this is a total competition Upton amendment and the Tauzin-Din- age the local Bells to open up their bill, competition for telephone in the gell bill, which is long overdue. local markets. What the gentlemen are local market and enhanced competi- Imagine for a moment running a doing with this amendment is making tion in the Internet broadband market. company, a good company, a high-tech sure there is a stick there too; that the This amendment completes the pack- telecom company in this country that FCC can hammer the Bells any time age in a big way. has been operating with handcuffs on they fail to open up their market, as Again, I commend it to all the Mem- for a long time, watching employees required by the 1996 act. bers’ attention. Hopefully, it will be walk out the door to the tune of about This is a great amendment, and I adopted unanimously. I thank the gen- 250,000 employees over the last year be- commend both gentlemen for it. tleman for yielding. cause we have been in an economic Mr. Chairman, I yield back the bal- Mr. UPTON. Mr. Chairman, reclaim- downturn. Now we are on the upturn ance of my time. ing my time, I urge adoption of the again, and this will give it a tremen- Mr. UPTON. Mr. Chairman, I yield amendment. dous boost. But imagine running a myself such time as I may consume. I Ms. JACKSON-LEE of Texas. Mr. Chair- company with handcuffs on, where you intend to close at this point as well. man, I rise in strong support of this amend- cannot open the doors to more busi- I want to say from the outset that ment which helps ensure competition by in- ness, to have more people take advan- this bill not only in this Congress but creasing the penalties and fines the FCC may tage of the high-tech opportunities in the last Congress as well was known apply against phone companies which violate that many of us have had an oppor- to be a very strong bipartisan bill, Re- the 1996 Telecommunications Act. tunity to take advantage of so far. publicans and Democrats working to- Such violations, when unchecked, can have That is what we are talking about. gether to unshackle the regulations off sever anticompetitive effects, and may thwart This bill takes off the handcuffs; and a new technology that is so important the expansion of this important technology instead of having between 8 and 10 per- for our country. across all strata in the population, expressed cent of the American people and busi- The Tauzin-Dingell bill does that. It as the digital divide. nesses having access to broadband ac- was bipartisan in every way, as we Specifically, the amendment increases max- counts, this will open up the floodgates have seen in the debate today. And as imum fines per violation from $120,000 to $1 and allow these great companies, and the new chairman of the sub- million per day, and caps continuing violations again let me read a couple of them to committee, my door was open to vir- rising from $1.2 million to $10 million. It also see who could be against Disney, who tually every group. The concern I doubles the penalty for repeat offenders per could be against Yahoo and Cisco and heard from virtually every group was violation to $2 million per day, with a cap of Packard and Compaq and Texas Instru- that the FCC did not have the right au- $20 million for continuing violations. ments and AOL and Dell and Motorola thority to enforce the law. I welcomed The amendment also doubles from 1 year to and Microsoft and Intel and Hewlett the participation of virtually every 3 years the statute of limitations for the FCC Packard, and all of these good compa- member of the subcommittee to see to bring enforcement actions against phone nies that have been a large part of our this amendment through, both in com- companies, it give the FCC statutory ‘‘cease economic boom over the last 10 to 15 mittee, subcommittee, as well as today and desist’’ authority against companies that years who are suddenly finding them- on the floor. violate the rules. Finally, it directs the FCC to selves with the handcuffs on. The gentleman from Texas (Mr. study the impact of these enhanced penalties We need to take them off so that we GREEN) has been a tremendous help not and report its findings to Congress. can get these people back to work. And only on this issue but so many others The amendment goes a long way towards again not only do this for this country as we have worked in a bipartisan fash- monitoring and enforcing the delicate balance but to show the world the tremendous ion in our committee. I commend my that exists in this industry. I urge my col- economic power that we have within chairman, the gentleman from Lou- leagues to support it. our own borders to create more jobs for isiana (Mr. TAUZIN), and the ranking Mr. UPTON. Mr. Chairman, I yield good Americans out there that are just member, the gentleman from Michigan back the balance of my time. waiting for opportunity. (Mr. DINGELL), and I would urge all my The CHAIRMAN pro tempore (Mr. Those who oppose us are simply say- colleagues to support the Upton-Green LINDER). The question is on the amend- ing, no, status quo, let us keep the amendment. ment offered by the gentleman from handcuffs on and try to make it work Mr. TAUZIN. Mr. Chairman, will the Michigan (Mr. UPTON). under the current circumstances. That gentleman yield? The question was taken; and the is absurd. Let us get these handcuffs Mr. UPTON. I yield to the gentleman Chairman pro tempore announced that off American businesses and strongly from Louisiana. the ayes appeared to have it. support this broadband bill. It is long Mr. TAUZIN. Mr. Chairman, I thank Mr. UPTON. Mr. Chairman, I demand overdue. We should have voted on this the gentleman for yielding because it a recorded vote. a year ago. is important as we are about to adopt The CHAIRMAN pro tempore. Pursu- I am glad this day has finally come, this amendment to understand that it ant to clause 6 of rule XVIII, further and I look forward to great success does not just give the FCC the power to proceedings on the amendment offered

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.081 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H601 by the gentleman from Michigan will Lantos Ortiz Simmons pore of the Committee of the Whole Larsen (WA) Osborne Skelton be postponed. Larson (CT) Ose Slaughter House on the State of the Union, re- PART B AMENDMENT NO. 1 OFFERED BY MR. Latham Owens Smith (MI) ported that that Committee, having UPTON LaTourette Oxley Smith (NJ) had under consideration the bill (H.R. Leach Pallone Smith (TX) 1542) to deregulate the Internet and The CHAIRMAN pro tempore. Pro- Lee Pascrell Smith (WA) ceedings will now resume on the Levin Pastor Snyder high speed data services, and for other amendment offered by the gentleman Lewis (CA) Payne Solis purposes, had come to no resolution Lewis (GA) Pelosi Souder thereon. from Michigan (Mr. UPTON) on which Lewis (KY) Pence Spratt further proceedings were postponed and Linder Peterson (MN) Stark f on which the yeas prevailed by voice Lipinski Peterson (PA) Stearns REQUEST TO MAKE IN ORDER vote. LoBiondo Petri Stenholm Lofgren Phelps Strickland AMENDMENT NUMBER 3 AS RECORDED VOTE Lowey Pickering Stump AMENDMENT TO THE BILL DUR- Lucas (KY) Pitts Stupak ING FURTHER CONSIDERATION The CHAIRMAN pro tempore. A re- Lucas (OK) Platts Sullivan corded vote has been demanded. Luther Pombo Sununu OF H.R. 1–542, INTERNET FREE- A recorded vote was ordered. Lynch Pomeroy Sweeney DOM AND BROADBAND DEPLOY- Maloney (CT) Portman Tancredo MENT ACT OF 2001 The vote was taken by electronic de- Maloney (NY) Price (NC) Tanner vice, and there were—ayes 421, noes 7, Manzullo Pryce (OH) Tauscher Mr. TAUZIN. Mr. Speaker, I ask not voting 6, as follows: Markey Putnam Tauzin unanimous consent that during further Mascara Quinn Taylor (MS) [Roll No. 43] consideration in the Committee of the Matheson Radanovich Taylor (NC) Whole of the bill, H.R. 1542, pursuant to AYES—421 Matsui Rahall Terry McCarthy (MO) Ramstad Thomas House Resolution 350, that the gen- Abercrombie Cooksey Green (TX) McCarthy (NY) Rangel Thompson (CA) tleman from Indiana (Mr. BUYER) be Ackerman Costello Green (WI) McCollum Regula Thompson (MS) permitted to offer amendment No. 3 Aderholt Cox Greenwood McCrery Rehberg Thornberry Akin Coyne Grucci McDermott Reyes Thune printed in House Report 107–361 as an Allen Cramer Gutierrez McGovern Reynolds Thurman amendment to the bill, as amended. Andrews Crane Gutknecht McHugh Riley Tiahrt The SPEAKER pro tempore. Is there Armey Crenshaw Hall (OH) McInnis Rodriguez Tiberi objection to the request of the gen- Baca Crowley Hall (TX) McIntyre Roemer Tierney Bachus Culberson Hansen McKeon Rogers (KY) Toomey tleman from Louisiana? Baird Cummings Harman McKinney Rogers (MI) Towns Mr. BUYER. Mr. Speaker, reserving Baldwin Cunningham Hart McNulty Rohrabacher Turner the right to object, since the Buyer- Ballenger Davis (CA) Hastings (FL) Meehan Ros-Lehtinen Udall (CO) Towns amendment was an amendment Barcia Davis (FL) Hastings (WA) Meek (FL) Ross Udall (NM) Barr Davis (IL) Hayes Meeks (NY) Rothman Upton to an amendment not made in order, Barrett Davis, Jo Ann Hayworth Menendez Roukema Velazquez and the committee has now risen, I Bartlett Davis, Tom Herger Mica Roybal-Allard Visclosky would ask of the chairman of the Com- Barton Deal Hill Millender- Royce Vitter mittee on Energy and Commerce to ex- Bass DeFazio Hilleary McDonald Rush Walden Becerra DeGette Hilliard Miller, Dan Ryan (WI) Walsh plain to the gentleman from New York Bentsen Delahunt Hinchey Miller, Gary Ryun (KS) Wamp (Mr. TOWNS) and me what he intends to Bereuter DeLauro Hinojosa Miller, George Sabo Waters Berkley DeLay Hobson do. Miller, Jeff Sanchez Watkins (OK) Mr. TAUZIN. Mr. Speaker, will the Berman DeMint Hoeffel Mink Sanders Watson (CA) Berry Deutsch Hoekstra Mollohan Sandlin Watt (NC) gentleman yield? Biggert Diaz-Balart Holden Moore Sawyer Watts (OK) Mr. BUYER. I yield to the gentleman Bilirakis Dicks Holt Moran (KS) Saxton Waxman from Louisiana. Bishop Dingell Honda Moran (VA) Schaffer Weiner Mr. TAUZIN. Apparently, the gen- Blagojevich Doggett Hooley Morella Schakowsky Weldon (FL) Blumenauer Dooley Horn Murtha Schiff Weldon (PA) tleman from Michigan (Mr. CONYERS) Blunt Doolittle Hostettler Myrick Schrock Weller and the gentleman from Utah (Mr. Boehlert Doyle Houghton Nadler Scott Wexler CANNON) have decided in the Com- Boehner Dreier Hoyer Napolitano Sensenbrenner Whitfield mittee of the Whole not to offer their Bonilla Duncan Hulshof Neal Serrano Wicker Bonior Dunn Hunter Nethercutt Sessions Wilson (NM) amendment, and since the amendment Bono Edwards Hyde Ney Shadegg Wilson (SC) drafted by the gentleman from Indiana Boozman Ehlers Inslee Northup Shaw Wolf (Mr. BUYER) and the gentleman from Borski Ehrlich Isakson Norwood Shays Woolsey OWNS Boswell Emerson Israel Nussle Sherman Wu New York (Mr. T ) is an amend- Boucher Engel Issa Oberstar Shimkus Wynn ment to their amendment, I must seek Boyd English Istook Obey Shows Young (AK) unanimous consent to have it offered Brady (PA) Eshoo Jackson (IL) Olver Shuster Young (FL) Brady (TX) Etheridge Jackson-Lee as an amendment to the main bill in Brown (FL) Evans (TX) NOES—7 the Committee of the Whole, and that Brown (OH) Everett Jefferson Baker Otter Skeen is why I have asked for this unanimous Brown (SC) Farr Jenkins Hefley Paul consent request. Bryant Fattah John Jones (NC) Simpson Burr Ferguson Johnson (CT) Absent the granting of this unani- Burton Filner Johnson (IL) NOT VOTING—6 mous consent request, it is my under- Buyer Flake Johnson, E. B. Baldacci Gilman Sherwood standing the only way that we can get Callahan Fletcher Johnson, Sam Cubin Rivers Traficant Calvert Foley Jones (OH) the Buyer-Towns amendment up would Camp Forbes Kanjorski b 1518 be if we defeated the previous question Cannon Ford Kaptur on the motion to recommit, in which Cantor Fossella Keller Messrs. HEFLEY, OTTER, BAKER and case we will do so, if we are not grant- Capito Frank Kelly SKEEN changed their vote from ‘‘aye’’ Capps Frelinghuysen Kennedy (MN) ed this unanimous consent. Capuano Frost Kennedy (RI) to ‘‘no.’’ Mr. BUYER. Mr. Speaker, further re- Cardin Gallegly Kerns Mr. MCINNIS and Mr. EVANS changed serving the right to object, I am hope- Carson (IN) Ganske Kildee their vote from ‘‘no’’ to ‘‘aye.’’ ful that no one does object. Carson (OK) Gekas Kilpatrick So the amendment was agreed to. Castle Gephardt Kind (WI) Mr. Speaker, I withdraw my reserva- Chabot Gibbons King (NY) The result of the vote was announced tion of objection. Chambliss Gilchrest Kingston as above recorded. The SPEAKER pro tempore. Is there Clay Gillmor Kirk Mr. TAUZIN. Mr. Chairman, I move objection to the request of the gen- Clayton Gonzalez Kleczka Clement Goode Knollenberg that the Committee do now rise. tleman from Louisiana? Clyburn Goodlatte Kolbe The motion was agreed to. Mr. MARKEY. Mr. Speaker, I reserve Coble Gordon Kucinich Accordingly, the Committee rose; the right to object in order to make Collins Goss LaFalce and the Speaker pro tempore (Mr. this point to Members, which is that Combest Graham LaHood Condit Granger Lampson LATOURETTE) having assumed the we have reached a juncture here where- Conyers Graves Langevin chair, Mr. LINDER, Chairman pro tem- by two amendments, the one made by

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.084 pfrm04 PsN: H27PT1 H602 CONGRESSIONAL RECORD — HOUSE February 27, 2002 the gentleman from Utah (Mr. CANNON) The Clerk read the title of the bill. The bill was ordered to be engrossed and the gentleman from Michigan (Mr. The CHAIRMAN pro tempore. When and read a third time, and was read the CONYERS), and the one made by the the Committee of the Whole rose ear- third time. gentleman from Indiana (Mr. BUYER) lier today, the amendment offered by MOTION TO RECOMMIT OFFERED BY MR. MARKEY and the gentleman from New York (Mr. the gentleman from Michigan (Mr. Mr. MARKEY. Mr. Speaker, I offer a TOWNS), each have a right, in my opin- UPTON) had been disposed of. motion to recommit. ion, to have a vote on the House floor. It is now in order to consider Amend- The SPEAKER pro tempore. Is the The way the rule is structured is ment No. 2 printed in Part B of House gentleman opposed to the bill? there will not be a vote on the Cannon- Report 107–361. Mr. MARKEY. I am opposed to the Conyers amendment. What we are try- Is there any Member in the Chamber bill in its present form, Mr. Speaker. ing to do through this device is to have wishing to offer that amendment? The SPEAKER pro tempore. The a straight up or down vote on the PARLIAMENTARY INQUIRIES Clerk will report the motion to recom- amendment, which all the competing Mr. TAUZIN. Mr. Chairman, I have a mit. companies in America want to have as parliamentary inquiry. The Clerk read as follows: their up or down vote; and then every- The CHAIRMAN pro tempore. The Mr. MARKEY moves to recommit the bill one is free to vote with the Bells or all gentleman will state it. H.R. 1542 to the Committee on Energy and the competitors. One vote, that is all Mr. TAUZIN. Who may offer that Commerce with instructions to report the they want; pick sides, straight up or amendment under the rule? same back to the House forthwith with the down. We are not allowed that under The CHAIRMAN pro tempore. The following amendment: the rule that came out of the com- gentleman from Utah (Mr. CANNON) or AMENDMENT TO H.R. 1542, AS REPORTED mittee last night. his designee. OFFERED BY MR. MARKEY So that is all we are trying to set up Mr. TAUZIN. No one else can offer Strike section 4 and insert the following: right now. We hope by the end of this that amendment but the gentleman SEC. 4. LIMITATION ON AUTHORITY TO REGU- process, and on the vote on the pre- from Utah? LATE HIGH SPEED DATA SERVICES. vious question, by the way, Members The CHAIRMAN pro tempore. The (a) IN GENERAL.—Part I of title II of the will have that chance to decide, one gentleman from Louisiana is correct: Communications Act of 1934 (47 U.S.C. 201 et way or another, to come down forever The gentleman from Utah or his des- seq.) is amended by adding at the end the fol- on competition or with this old monop- ignee. lowing new section: olistic view. Mr. TAUZIN. I thank the Chair. ‘‘SEC. 232. PROVISION OF HIGH SPEED DATA Mr. CONYERS. Mr. Speaker, will the Mr. BUYER. Mr. Chairman, I have a SERVICES. gentleman yield? parliamentary inquiry. ‘‘(a) FREEDOM FROM REGULATION.—Except The CHAIRMAN pro tempore. The to the extent that high speed data service, Mr. MARKEY. I yield to the gen- Internet backbone service, and Internet ac- tleman from Michigan. gentleman will state it. cess service are expressly referred to in this Mr. CONYERS. Mr. Speaker, I thank Mr. BUYER. The gentleman from Act, the Commission shall have no authority the gentleman for yielding, and I con- New York (Mr. TOWNS) and I had an to regulate the rates, charges, terms, or con- cur with his observation. amendment to the Conyers-Cannon ditions for, or entry into the provision of, Mr. Speaker, could I just make this amendment. If these two gentlemen or any high speed data service, Internet back- point: Why can we not just have a their designee do not offer that amend- bone service, or Internet access service, or to straight up or down vote on Cannon- ment, then I have no opportunity to do regulate any network element to the extent Conyers and on Buyer-Towns? That has that, other than we defeat the previous it is used in the provision of any such serv- ice; nor shall the Commission impose or re- been spoken about among our leader- question, and then I have an oppor- quire the collection of any fees, taxes, ship. I think it would be agreeable to tunity to make an amendment on the charges, or tariffs upon such service. many of the principals here on this motion to recommit. Would that be ‘‘(b) SAVINGS PROVISION.— bill, and I think it would make things correct? ‘‘(1) STATE AUTHORITY.—Nothing in this move a lot more quickly. The CHAIRMAN pro tempore. The section shall be construed to limit or affect We have already saved ourselves Chair is not able to address the Com- the authority of any State, nor affect the hours of time by foreclosing the de- mittee questions that may arise in the rights of cable franchise authorities to estab- bate. If we just have these two votes, House. lish requirements that are otherwise con- sistent with this Act. we would be able to bring this very im- Mr. BUYER. I thank the Chair. ‘‘(2) EXISTING RULES AND COMPETITION PRE- portant piece of legislation to a conclu- The CHAIRMAN pro tempore. Does SERVED.—Notwithstanding the limitations sion. any Member wish to offer the amend- on Commission and State authority con- Mr. MARKEY. Mr. Speaker, I object. ment? tained in the Internet Freedom and The SPEAKER pro tempore. Objec- If not, under the rule, the Committee Broadband Deployment Act of 2001 (including tion is heard. rises. the amendments made by such Act), in order f Accordingly, the Committee rose; to preserve and promote fair competition, in- and the Speaker pro tempore (Mr. novation, economic investment, and con- b 1530 sumer choice, no provision of such Act or LATOURETTE) having assumed the INTERNET FREEDOM AND amendments shall restrict or affect in any chair, Mr. LAHOOD, Chairman pro tem- way the application and enforcement of the BROADBAND DEPLOYMENT ACT pore of the Committee of the Whole Federal and State rules in effect on the date OF 2001 House on the State of the Union, re- of enactment of such Act relating to the The SPEAKER pro tempore (Mr. ported that that Committee, having rates, charges, terms, and conditions for the LATOURETTE). Pursuant to House Reso- had under consideration the bill (H.R. purchasing or leasing of telecommunications lution 350 and rule XVIII, the Chair de- 1542) to deregulate the Internet and services and network elements by competi- clares the House in the Committee of high-speed data services, and for other tive telecommunications carriers. purposes, pursuant to House Resolution ‘‘(3) ADDITIONAL COMMISSION AUTHORITY the Whole House on the State of the PRESERVED.—Notwithstanding the limita- Union for the further consideration of 350, he reported the bill, as amended tions on Commission authority contained in the bill, H.R. 1542. pursuant to that rule, back to the the Internet Freedom and Broadband De- House with a further amendment b 1531 ployment Act of 2001 (including the amend- adopted by the Committee of the ments made by such Act), such Act and IN THE COMMITTEE OF THE WHOLE Whole. amendments shall not restrict or affect in Accordingly, the House resolved The SPEAKER pro tempore. Under any way— itself into the Committee of the Whole the rule, the previous question is or- ‘‘(A) the authority of the Commission to House on the State of the Union for the dered. adopt regulations to prohibit unsolicited further consideration of the bill (H.R. commercial e-mail messages; The question is on the amendment. ‘‘(B) the authority of the Commission to 1542) to deregulate the Internet and The amendment was agreed to. regulate changes in subscriber carrier selec- high-speed data services, and for other The SPEAKER pro tempore. The tions or the imposition of charges on tele- purposes, with Mr. LAHOOD (Chairman question is on the engrossment and phone bills for unauthorized services; or pro tempore) in the chair. third reading of the bill. ‘‘(C) the authority of the Commission—

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.087 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H603 ‘‘(i) with respect to customer proprietary discriminatory basis to all providers of high that the gentleman from New York network information, as provided in section speed data service and Internet access serv- (Mr. TOWNS) and I now have proce- 222; ice. This prohibition on discriminatory sub- durally would be to defeat the previous ‘‘(ii) with respect to rules and procedures sidies shall not be interpreted to authorize question, and then in the motion to re- adopted pursuant to section 223 to restrict or require the extension of any subsidy to the provision of pornography to minors and any provider of high speed data service or commit we make an amendment to the unconsenting adults; or Internet access service. recommittal motion. Would that be in ‘‘(iii) with respect to access by persons ‘‘(2) RESALE.—For a period of three years order? with disabilities, as provided in section 255. after the enactment of this subsection, an in- The SPEAKER pro tempore. That ‘‘(c) CONTINUED ENFORCEMENT OF ESP EX- cumbent local exchange carrier that pro- would be in order. EMPTION, UNIVERSAL SERVICE RULES PER- vides high speed data service shall have a Mr. BUYER. It would be in order. I MITTED.—Nothing in this section shall affect duty to offer for resale any such service at thank the Speaker. the ability of the Commission to retain or wholesale rates in accordance with sub- modify— Mr. Speaker, I withdraw my reserva- section (c)(4). After such three-year period, tion of objection. ‘‘(1) the exemption from interstate access such carrier shall offer such services for re- charges for enhanced service providers under sale pursuant to subsection (b)(1). The SPEAKER pro tempore. Is there Part 69 of the Commission’s regulations, and ‘‘(3) DEFINITIONS.—For purposes of this objection to the request of the gen- the requirements of the MTS/WATS Market subsection— tleman from Massachusetts? Structure Order (97 FCC 2d 682, 715 (1983)); or ‘‘(A) the ‘Commission’s Line Sharing There was no objection. ‘‘(2) rules issued pursuant to section 254.’’. Order’ means the Third Report and Order in The SPEAKER pro tempore. The (b) CONFORMING AMENDMENT.—Section 251 CC Docket No. 98–147 and the Fourth Report of the Communications Act of 1934 (47 U.S.C. Chair recognizes the gentleman from and Order in CC Docket 96–98 (FCC 99–355), as 251) is amended by adding at the end thereof Massachusetts (Mr. MARKEY) in sup- adopted November 18, 1999, and without re- the following new subsection: port of his motion to recommit for 5 gard to any clarification or interpretation in ‘‘(j) EXEMPTION.— minutes. ‘‘(1) ACCESS TO NETWORK ELEMENTS FOR the further notice of proposed rulemaking in such Dockets adopted January 19, 2001 (FCC PARLIAMENTARY INQUIRIES HIGH SPEED DATA SERVICE.— Mr. MARKEY. Mr. Speaker, I have a ‘‘(A) LIMITATION.—Subject to subpara- 01–26); and graphs (B), (C), and (D) of this paragraph, the ‘‘(B) the term ‘remote terminal’ means an parliamentary inquiry. Commission shall not require an incumbent accessible terminal located outside of the The SPEAKER pro tempore. The gen- local exchange carrier to provide unbundled central office to which analog signals are tleman will state it. access to any network element for the provi- carried from customer premises, in which Mr. MARKEY. Mr. Speaker, my par- sion of any high speed data service. such signals are converted to digital, and liamentary inquiry is this. So that ‘‘(B) PRESERVATION OF REGULATIONS AND from which such signals are carried, gen- there can be a clarification for the LINE SHARING ORDER.—Notwithstanding sub- erally over fiber, to the central office.’’. (c) PRESERVATION OF EXISTING INTER- Members as to the procedural process paragraph (A), the Commission shall, to the that the House finds itself in at this extent consistent with subsections (c)(3) and CONNECTION AGREEMENTS.—Nothing in the (d)(2), require the provision of unbundled ac- amendments made by this section— point in time, I have made a motion to cess to those network elements described in (1) shall be construed to permit or require recommit forthwith the bill which we section 51.319 of the Commission’s regula- the abrogation or modification of any inter- are now considering. It is my under- tions (47 C.F.R. 51.319), as— connection agreement in effect on the date standing that that means that the bill ‘‘(i) in effect on January 1, 1999; and of enactment of this section during the term actually does not go back to the com- of such agreement, except that this para- ‘‘(ii) subject to subparagraphs (C) and (D), mittee but just goes to the desk here as modified by the Commission’s Line Shar- graph shall not apply to any interconnection agreement beyond the expiration date of the and is immediately then inserted into ing Order. the bill forthwith and that there is ab- ‘‘(C) EXCEPTIONS TO PRESERVATION OF LINE existing current term contained in such SHARING ORDER.— agreement on the date of enactment of this solutely no delay in the procedure at ‘‘(i) UNBUNDLED ACCESS TO REMOTE TER- section, without regard to any extension or that point and we move forward with MINAL NOT REQUIRED.—An incumbent local renewal of such agreement; or that new substance added to the bill, is exchange carrier shall not be required to pro- (2) affects the implementation of any that correct? vide unbundled access to the high frequency change of law provision in any such agree- The SPEAKER pro tempore. If a mo- portion of the loop at a remote terminal. ment. Page 12, beginning on line 23, strike ‘‘Inter- tion to recommit is adopted in a form ‘‘(ii) CHARGES FOR ACCESS TO HIGH FRE- net access’’ and insert ‘‘such’’. ordering a report forthwith, the gen- QUENCY PORTION.—The Commission and the tleman is correct that the proposed States shall permit an incumbent local ex- Mr. MARKEY (during the reading). change carrier to charge requesting carriers Mr. Speaker, I ask unanimous consent amendment would immediately be be- for the high frequency portion of a loop an that the motion to recommit be consid- fore the House. Mr. TAUZIN. Mr. Speaker, I have a amount equal to which such incumbent local ered as read and printed in the RECORD. exchange carrier imputes to its own high The SPEAKER pro tempore. Is there parliamentary inquiry. speed data service. objection to the request of the gen- The SPEAKER pro tempore. The gen- ‘‘(D) LIMITATIONS ON REINTERPRETATION OF tleman from Massachusetts? tleman will state it. LINE SHARING ORDER.—Neither the Commis- Mr. TAUZIN. Mr. Speaker, I think it sion nor any State Commission shall con- Mr. BUYER. Mr. Speaker, reserving the right to object, I would inquire of is important that we also clarify the strue, interpret, or reinterpret the Commis- effects of that kind of a decision if we sion’s Line Sharing Order in such manner as the gentleman from Massachusetts, is would expand an incumbent local exchange this the Cannon amendment? do allow the gentleman from Massa- carrier’s obligation to provide access to any Mr. MARKEY. Mr. Speaker, will the chusetts (Mr. MARKEY) to recommit network element for the purpose of line shar- gentleman yield? this bill with the Canyon-Conyers ing. Mr. BUYER. I yield to the gentleman amendment added to it. If we allow ‘‘(E) AUTHORITY TO REDUCE ELEMENTS SUB- from Massachusetts. that to happen without voting against JECT TO REQUIREMENT.—This paragraph shall Mr. MARKEY. Yes. the previous question, without giving not prohibit the Commission from modifying Mr. BUYER. This is the Cannon the gentleman from Indiana (Mr. the regulation referred to in subparagraph amendment that the gentleman is of- BUYER) and the gentleman from New (B) to reduce the number of network ele- ments subject to the unbundling require- fering on the motion to recommit. York (Mr. TOWNS) a chance to amend ment, or to forbear from enforcing any por- Mr. Speaker, while we were in the that motion to recommit, it is tanta- tion of that regulation in accordance with Committee of the Whole I asked a mount to adopting the Conyers amend- the Commission’s authority under section question of the Chairman which he said ment on the bill without ever having a 706 of the Telecommunications Act of 1996, he could not answer. At that time, chance to vote on Buyer-Towns. There- notwithstanding any limitation on that au- under the rule an amendment was des- fore, is it not correct that for Buyer- thority in section 10 of this Act. ignated. Neither the author nor a des- Towns to have an opportunity to be ‘‘(F) PROHIBITION ON DISCRIMINATORY SUB- ignee offered that amendment. There- voted upon that the Members will have SIDIES.—Any network element used in the provision of high speed data service that is fore, the Buyer-Towns amendment to vote against the previous question not subject to the requirements of sub- could not be offered. on the motion to recommit? section (c) shall not be entitled to any sub- The Conyers-Cannon amendment is The SPEAKER pro tempore. The first sidy, including any subsidy pursuant to sec- now being considered in the recom- portion of the gentleman’s observation tion 254, that is not provided on a non- mittal motion, so the only opportunity is not a parliamentary inquiry.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.032 pfrm04 PsN: H27PT1 H604 CONGRESSIONAL RECORD — HOUSE February 27, 2002 The second portion, however, is. If Mr. WATTS of Oklahoma. Mr. Speak- If we believe in States’ rights to help the previous question were not ordered er, I thank the gentleman from Massa- advocate competition and deployment, on the Markey motion to recommit, chusetts for yielding me this time. if Members want to maintain the regu- the Member who, in the perception of Mr. Speaker, this legislation has cre- lation against child pornography and the Chair, led the opposition to the mo- ated one of those rare moments where obscenity on the Internet, then Mem- tion for the previous question would traditional coalitions and party affili- bers need to vote for Cannon and Con- have an opportunity to offer an amend- ations are nearly irrelevant as Mem- yers. ment to the motion to recommit. bers of the House debate the issue of This is our one chance in this debate Mr. TAUZIN. Further parliamentary competition in the field of tele- to have one simple vote. We believe inquiry, Mr. Speaker. May I claim the communications. that it is the right vote. I ask for Mem- time in opposition to the motion to re- I agree with my colleagues on de- bers’ support on the previous question. commit? regulating the industry and giving con- The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. The gen- sumers more options and lower prices, LATOURETTE). The gentleman from tleman may. but what I disagree with some of my Louisiana (Mr. TAUZIN) is recognized The gentleman from Massachusetts friends on today are the anticompeti- for 5 minutes in opposition to the mo- (Mr. MARKEY) is recognized for 5 min- tive measures that I believe are given tion to recommit. utes in support of his motion. Mr. TAUZIN. Mr. Speaker, there are Mr. MARKEY. Mr. Speaker, I yield and special privileges for certain com- two amendments before this House, myself 1 minute. panies in this bill. The reason we are making this re- As a former State public utility com- both of which provide access for these committal motion is so that we can missioner, I am extremely troubled by competitive telephone lines to the new have one clear vote on the competition Congress telling States what they can fiber and the new systems the Bell and consumer position on all of these and cannot do on competition, pricing companies would deploy under this bill. issues. We were not going to have a and the regulation of broadband facili- The only difference is that the Cannon- vote out here on the floor on those ties and networks. This is why 31 State Conyers amendment would put on issues. The Bell companies do not want public utility commissions are opposed those conditions all the rules and regu- a clear vote on the hundreds of other to this bill before us unamended. lations that currently stifle the deliv- companies out there competing with Restricting competitive local ex- ery of those services. the four of them. So this recommittal change carriers’ access to incumbent Every high-tech representative in motion is the Conyers-Cannon amend- networks endangers, I believe, the fu- this town, all the associations that rep- ment that we were not going to be al- ture of competition. There are count- resent companies from Lucent to Mo- lowed to have a vote on, that gives less small businesses that have in- torola, and the two largest associations every one of us that clear chance to de- vested billions of dollars and have cre- of all the high-tech companies of cide which side of this fence we are on, ated thousands of jobs. Let us not America, over a thousand of them, monopoly or competition. And I think change the rules at the half time of the have written us letters urging us to de- everyone should understand it. game. Let us not limit the lion’s share feat Cannon and Conyers, because what Mr. Speaker, I yield 1 minute to the into outmoded copper facilities, let us it does, it guarantees that broadband gentleman from Utah (Mr. CANNON). not tie one hand behind a company’s will not be deployed to people in this PARLIAMENTARY INQUIRY back by taking away access to high- country without all those rules and Mr. BUYER. Mr. Speaker, I have a tech fiber lines, and let us not tell regulations of the telephone industry parliamentary inquiry. States, sorry, but we are taking away regulating the Internet. That is why The SPEAKER pro tempore. Does the your authority on yet another issue. they want that amendment defeated. gentleman from Massachusetts (Mr. Instead, I urge my colleagues to The Buyer-Towns amendment, on the MARKEY) yield to the gentleman from think of the small business people in other hand, gives those competitive Indiana (Mr. BUYER) for the purpose of their districts employing constituents telephone companies full access to a parliamentary inquiry? and giving consumers options. The mo- those facilities of the Bell at fair rates Mr. MARKEY. I do not. tion to recommit will fix this bill so set by the FCC, not by the Bell compa- Mr. BUYER. Mr. Speaker, I object to small businesses get a voice, States nies. the yielding of time. keep their rights and ordinary, average There are two proposals before us. I The SPEAKER pro tempore. The gen- Americans are given fair choices and am going to ask Members in a minute tleman from Massachusetts (Mr. MAR- fair prices as we keep heading down the to defeat the previous question to give KEY) may yield to others and remain on the gentleman from Indiana (Mr. his feet, which he is doing. information superhighway. Vote for BUYER) and the gentleman from New The gentleman has yielded to the the motion to recommit and vote for York (Mr. TOWNS) a chance to offer gentleman from Utah. competition and consumers. Mr. CANNON. Mr. Speaker, I thank Mr. MARKEY. Mr. Speaker, I yield their proposal. If we defeat that pre- the gentleman for yielding me this my final minute to the gentleman from vious question and motion, they will time. Mississippi (Mr. PICKERING). have a chance to offer their motion. Then they can vote Buyer and Towns We might ask ourselves, why are b 1545 CANNON and CONYERS together on an up or down. If Members vote for that, amendment? Sort of an odd couple, if Mr. PICKERING. Mr. Speaker, I want that will be on the motion to recom- one follows this body. to commend the chairman of the com- mit, and we will conclude our business. Let me point out that we have looked mittee and the ranking member for Mr. Speaker, I yield to the gentleman very carefully at this. It is exceedingly their tenacity, their advocacy, their from New York (Mr. TOWNS), the au- important to the future of the deploy- philosophy, and their approach, as it thor of the bill. ment of the Internet to have competi- comes to telecommunications Mr. TOWNS. Mr. Speaker, I thank tion. There has been a lot of talk and broadband and the questions before us. the gentleman for yielding to me. a lot of obfuscation on this issue, but, But we simply want one clean vote: Do Mr. Speaker, this is a very obvious in fact, without this amendment, if the we stand with competition, or do we go way of trying to usurp the role of the bill becomes law, we will snuff out back to the old fragmented, segmented, Committee on Rules. What is the pur- competition in America in the area monopolistic ways of what we tried to pose of the Committee on Rules if we that is going to give us the techno- reform in 1996? are going to try and usurp them in this logical needed for the next century. For those of us who want multiple fashion? Mr. MARKEY. Mr. Speaker, I thank choices, not just one or two but many Let me be candid by saying that this the gentleman. This is not a debate be- choices, the free market enterprise of is not what the Bell companies or the tween Democrats and Republicans. It is competition, innovation, lower prices, competitors prefer. However, I strongly between competition and monopoly. then we need to vote for the Conyers believe that our amendment represents Mr. Speaker, I yield 2 minutes to the amendment; and we need to vote for a middle ground. The Buyer-Towns is a gentleman from Oklahoma (Mr. the Cannon amendment. We need that good compromise. Our amendment does WATTS). clean chance. the right thing to ensure that

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.092 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H605 broadband is deployed in a competitive It’s important to note that competitors do not Wicker Wolf Wu environment, and this is what this is have access to these networks for free—they Wilson (NM) Woolsey Young (FL) all about. must pay for an element’s cost and a reason- NOES—256 Mr. TAUZIN. Mr. Speaker, I yield to able profit. The Cannon/Conyers amendment Ackerman Graham Nussle the gentleman from Indiana (Mr. preserves this cost-plus-reasonable-profit pric- Aderholt Granger Ortiz BUYER), the principal author of this Akin Graves Osborne ing mechanism. On the other hand, the Buyer/ Allen Green (TX) Ose amendment. Towns amendment even changes this pricing Armey Green (WI) Otter Mr. BUYER. Mr. Speaker, I thank mandate and will actually raise rates while giv- Baca Greenwood Oxley the gentleman for yielding to me. ing much more limited access—all to the det- Bachus Grucci Pascrell Baker Gutierrez Pastor To those who have walked into this riment of competition. body and were going to support the Baldwin Gutknecht Pence I urge support for the true line sharing Ballenger Hall (OH) Petri Buyer-Towns amendment to the Con- amendment—the Cannon/Conyers amend- Barcia Hall (TX) Portman yers-Cannon amendment, let me share Barr Hart Price (NC) ment. And I urge a ‘‘no’’ vote on the Buyer/ what I believe is about to happen and Barton Hastings (FL) Pryce (OH) Towns amendment. Bass Hayes Putnam what I believe Members should do. Bentsen Herger Quinn If they support the Buyer-Towns The SPEAKER pro tempore. All time for debate on the motion to recommit Berry Hill Radanovich amendment, vote no on the previous Bilirakis Hilleary Rahall question; vote no on the previous ques- has expired. Bishop Hilliard Regula tion, vote yes when I have the oppor- The question is on ordering the pre- Blagojevich Hinojosa Rehberg vious question on the motion to recom- Blunt Holden Reyes tunity to amend the recommit after Boehlert Horn Reynolds the previous question is defeated. So mit. Boehner Hostettler Riley they will vote yes on the Buyer-Towns The question was taken; and the Bonilla Houghton Rodriguez Speaker pro tempore announced that Bonior Hoyer Rogers (KY) amendment to the recommital, vote Bono Hulshof Ros-Lehtinen yes on the amended motion to recom- the ayes appeared to have it. Boozman Hunter Ross mit, and vote yes on final passage. RECORDED VOTE Boucher Hyde Rush Mr. TAUZIN. Mr. Speaker, it comes Boyd Isakson Ryan (WI) Mr. MARKEY. Mr. Speaker, I demand Brady (PA) Issa Sanchez down to this. All Members who walked a recorded vote. Brady (TX) Istook Sandlin into this room this morning and voted A recorded vote was ordered. Brown (FL) Jackson (IL) Sawyer yes on the rule should vote against the The vote was taken by electronic de- Brown (SC) Jackson-Lee Saxton motion on the previous question, be- Bryant (TX) Schiff vice, and there were—ayes 173, noes 256, Burr Jefferson Schrock cause that preserves the rule and does not voting 5, as follows: Burton John Serrano not allow these parties to undermine Buyer Johnson (CT) Sessions [Roll No. 44] the rule that Members voted for. Callahan Johnson (IL) Shaw Vote no on the previous question and AYES—173 Calvert Kelly Sherwood Camp Kennedy (MN) Shimkus then yes on Buyer-Towns, yes on the Abercrombie Hastings (WA) Owens Capito Kennedy (RI) Shows amended motion to recommit, and yes Andrews Hayworth Pallone Capuano Kerns Shuster Baird Hefley on final passage. Paul Cardin Kildee Simmons Barrett Hinchey Payne Clay Kind (WI) Simpson Mr. LUTHER. Mr. Speaker, I am a cospon- Bartlett Hobson Pelosi Clayton King (NY) Smith (MI) sor of the amendment by Congressmen CAN- Becerra Hoeffel Peterson (MN) Clement Kirk Smith (NJ) Bereuter Hoekstra NON and CONYERS which was taken up as a Peterson (PA) Clyburn Knollenberg Smith (TX) Berkley Holt Phelps Coble LaHood Smith (WA) motion to recommit, and I oppose the Buyer/ Berman Honda Pickering Collins Lampson Snyder Biggert Hooley Towns amendment to the motion. Pitts Cooksey Langevin Souder Blumenauer Inslee During the Energy & Commerce Commit- Platts Cramer Larsen (WA) Spratt tee’s mark-up of this bill, Congresswoman Borski Israel Crane Larson (CT) Stearns Boswell Jenkins Pombo WILSON and I introduced a bipartisan amend- Pomeroy Crenshaw LaTourette Stenholm Brown (OH) Johnson, E. B. Culberson Levin Strickland ment addressing the issue of ‘‘line sharing’’— Cannon Johnson, Sam Ramstad Rangel Cummings Lewis (CA) Stump a concept pioneered in my home state of Min- Cantor Jones (NC) Cunningham Lewis (GA) Sullivan Rivers Capps Jones (OH) Davis (IL) Lewis (KY) Sweeney nesota. This amendment represented the most Roemer Carson (IN) Kanjorski Davis, Jo Ann LoBiondo Tancredo contentious issue of the markup, failing to Rogers (MI) Carson (OK) Kaptur Deal Lucas (KY) Tanner pass on a 27 to 27 tie vote, and this issue re- Castle Keller Rohrabacher DeLay Lucas (OK) Tauscher mains the most controversial matter with re- Chabot Kilpatrick Rothman Diaz-Balart Lynch Tauzin Chambliss Kingston Roukema Dicks Maloney (CT) Taylor (MS) gard to the bill. Combest Kleczka The first part of the Cannon/Conyers Roybal-Allard Dingell Manzullo Taylor (NC) Condit Kolbe Royce Doolittle Matheson Terry amendment is basically the amendment that Conyers Kucinich Ryun (KS) Dreier Matsui Thomas Representative WILSON and I introduced at the Costello LaFalce Sabo Edwards McCarthy (NY) Thompson (MS) Cox Lantos Sanders Ehlers McCrery Thornberry Energy & Commerce Committee. All our Coyne Latham Schaffer Emerson McGovern Tiahrt amendment does is preserve existing law. The Crowley Leach Schakowsky Engel McHugh Tiberi Davis (CA) Lee landmark 1996 Telecommunications Act delib- Scott English McIntyre Toomey erately forced the Regional Bell Operating Davis (FL) Linder Everett McKeon Towns Davis, Tom Lipinski Sensenbrenner Companies to open their networks to competi- Shadegg Ferguson McNulty Turner DeFazio Lofgren Filner Meek (FL) Upton tion. The Cannon/Conyers Amendment is con- DeGette Lowey Shays Sherman Fletcher Meeks (NY) Visclosky sistent with this and would simply preserve all Delahunt Luther Foley Menendez Vitter Skeen DeLauro Maloney (NY) Ford Mica Walden existing FCC orders that allow small competi- DeMint Markey Skelton tive telecommunications companies to lease Fossella Miller, Dan Walsh Deutsch Mascara Slaughter Frost Miller, Gary Watkins (OK) elements of the Bells network on a cost-plus- Doggett McCarthy (MO) Solis Gallegly Miller, Jeff Weldon (FL) reasonable-profit basis. It does no more than Dooley McCollum Stark Ganske Mollohan Weldon (PA) Doyle McDermott this. Stupak Gekas Morella Weller Duncan McInnis Sununu Supporters of the Buyer/Towns Amendment Gibbons Murtha Wexler Dunn McKinney Thompson (CA) Gillmor Myrick Whitfield claim that they have fixed the line sharing Ehrlich Meehan Thune Gonzalez Neal Wilson (SC) problem but their amendment will allow a com- Eshoo Millender- Thurman Goodlatte Nethercutt Wynn Etheridge McDonald Tierney Gordon Ney Young (AK) petitor to have access only to copper loops, Farr Miller, George Udall (CO) Goss Northup not to the fiber, remote terminals and other Fattah Mink Udall (NM) crucial network elements indispensable to Flake Moore NOT VOTING—5 Forbes Moran (KS) Velazquez Baldacci Evans Traficant competition in both the voice and high-speed Frank Moran (VA) Wamp Cubin Gilman data markets. It is vital that existing law and Frelinghuysen Nadler Waters regulation be preserved, because a competi- Gephardt Napolitano Watson (CA) tor’s access to these fiber and remote terminal Gilchrest Norwood Watt (NC) b 1614 Goode Oberstar Watts (OK) networks is the only way to preserve effective Hansen Obey Waxman Mrs. MEEK of Florida, Mrs. KELLY, and meaningful competition. Harman Olver Weiner Mrs. NORTHUP, and Messrs.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.096 pfrm04 PsN: H27PT1 H606 CONGRESSIONAL RECORD — HOUSE February 27, 2002 CULBERSON, TANCREDO, BOOZMAN change carrier has the duty to afford access switches and between switches and call re- and HERGER changed their vote from to its poles, conduits, and rights-of-way in lated data bases.’’. ‘‘aye’’ to ‘‘no’’. accordance with subsection (b)(4) for provi- Page 7, line 3, strike the close quotation Mr. OBERSTAR, Mr. KINGSTON and sion of high speed data service. marks and the following period, and after Ms. CARSON of Indiana changed their ‘‘(E) SCOPE.—Notwithstanding any provi- such line insert the following: sion of law, neither the Commission nor any ‘‘(d) ADDITIONAL COMMISSION AUTHORITY vote from ‘‘no’’ to ‘‘aye’’. State shall— PRESERVED.—Notwithstanding subsection So the previous question was not or- ‘‘(i) require an incumbent local exchange (a), such subsection shall not restrict or af- dered. carrier to provide unbundled access in ac- fect in any way the authority of the The result of the vote was announced cordance with subsection (c)(3) to any packet Commission— as above recorded. switching network element; ‘‘(1) to adopt regulations to prohibit unso- AMENDMENT OFFERED BY MR. BUYER TO THE ‘‘(ii) require an incumbent local exchange licited commercial e-mail messages; MOTION TO RECOMMIT OFFERED BY MR. MARKEY carrier to provide, for the provision of high ‘‘(2) to regulate changes in subscriber car- Mr. BUYER. Mr. Speaker, I offer an speed data service, access on an unbundled rier selections or the imposition of charges amendment to the motion to recom- basis in accordance with subsection (c)(3) to on telephone bills for unauthorized services; mit. any fiber local loop or fiber feeder subloop; or The Clerk read as follows: or ‘‘(3) with respect to— ‘‘(iii) require an incumbent local exchange ‘‘(A) customer proprietary network infor- Amendment offered by Mr. BUYER to the carrier to provide for collocation in accord- mation, as provided in section 222; motion to recommit offered by Mr. MARKEY: ance with subsection (c)(6) in a remote ter- ‘‘(B) with respect to rules and procedures In lieu of the amendment proposed on the minal, or to construct or make available adopted pursuant to section 223 to restrict motion, insert the following: space in a remote terminal. the provision of pornography to minors and Page 6, beginning on line 9, strike ‘‘, or to ‘‘(F) REINTERPRETATION.—Consistent with unconsenting adults; or regulate any network element to the extent subparagraph (E), neither the Commission ‘‘(C) with respect to access by persons with it is used in the provision of any such serv- nor any State shall construe, interpret, or disabilities, as provided in section 255.’’. ice’’. Page 7, strike line 7 and all that follows apply this section in such a manner as to ex- Page 6, line 12, insert before the period the through line 2 on page 9 and insert the fol- pand an incumbent local exchange carrier’s following: ‘‘that is not imposed or required lowing: obligation, as in effect on May 24, 2001, to on the date of enactment of this section’’. ‘‘(j) GUARANTEED ACCESS TO CONSUMERS provide access in accordance with subsection Mr. BUYER (during the reading). Mr. FOR CLECS.— (c)(3) to any network element for the provi- Speaker, I ask unanimous consent that ‘‘(1) ACCESS RULES.— sion of high speed data service, or to provide collocation in accordance with subsection the amendment to the motion to re- ‘‘(A) PRESERVATION OF RULES GUARAN- commit be considered as read and TEEING CLEC ACCESS TO INCUMBENT CARRIER (c)(6) for the provision of high speed data ECORD FACILITIES.—Except as provided in subpara- service. printed in the R . graph (E), the Commission is not required to Page 9, lines 3 and 15, redesignate subpara- The SPEAKER pro tempore (Mr. repeal or modify the regulations in effect on graphs (E) and (F) as subparagraphs (G) and LATOURETTE). Is there objection to the May 24, 2001, that enable a requesting carrier (H), respectively. request of the gentleman from Indiana? to use the facilities of an incumbent local Page 10, beginning on line 11, strike para- Mr. WATT of North Carolina. Mr. exchange carrier to provide high speed data graph (3) through page 11, line 3, and insert Speaker, I object. services. the following: The SPEAKER pro tempore. Objec- ‘‘(B) TRANSPORT SERVICES AVAILABLE TO ‘‘(3) DEFINITIONS.—For purposes of this tion is heard. CLECS.— subsection— ‘‘(i) OFFERING REQUIRED.—If an incumbent ‘‘(A) the term ‘fiber feeder subloop’ means The Clerk will continue to read. local exchange carrier provides high-speed the entirely fiber optic cable portion of the The Clerk continued to read. data services over a fiber local loop or fiber local loop between the feeder/distribution Mr. BUYER (during the reading). Mr. feeder subloop, that carrier shall offer, over interface (or its equivalent) and a distribu- Speaker, I ask unanimous consent that such loop or subloop for delivery at the in- tion frame (or its equivalent) in an incum- the Buyer-Towns amendment to the cumbent local exchange carrier’s serving bent local exchange carrier central office, in- motion to recommit be considered as central office, a high speed data service that cluding all features, functions, and capabili- read and printed in the RECORD. is provided by such carrier utilizing an in- ties of such portion of the local loop; Mr. WATT of North Carolina. Mr. dustry-standard protocol. ‘‘(B) the term ‘fiber local loop’ means an ‘‘(ii) TRANSMISSION OPTIONS.—Such service entirely fiber optic cable transmission facil- Speaker, I object. shall enable a requesting carrier to transmit ity, including all features, functions, and ca- The SPEAKER pro tempore. Objec- information over an incumbent local ex- pabilities of such transmission facility, be- tion is heard. change carrier’s facilities between that in- tween a distribution frame (or its equiva- PARLIAMENTARY INQUIRY cumbent local exchange carrier’s serving lent) in an incumbent local exchange carrier Mr. BUYER. Mr. Speaker, parliamen- central office and (I) a customer’s premises central office and the loop demarcation tary inquiry. served by that serving central office; (II) a point at an end-user customer premise; remote terminal supplied by the requesting ‘‘(C) the term ‘packet switching network The SPEAKER pro tempore. The gen- carrier; or (III) a high frequency portion of element’— tleman may state his inquiry. the copper subloop obtained by such request- ‘‘(i) means a network element that per- Mr. BUYER. Mr. Speaker, the Buyer- ing carrier pursuant to the provisions of sub- forms, or offers the capability to perform— Towns amendment to the motion to re- section (c)(3). ‘‘(I) the basic packet switching function of commit, is it a debatable or a non- ‘‘(iii) RATES, TERMS, AND CONDITIONS.—Such routing or forwarding packets, frames, cells, debatable amendment? high speed data service shall be offered on or other data units based on address or other The SPEAKER pro tempore. The rates, terms, and conditions that are just routing information contained in the pack- amendment is not debatable. and reasonable in accordance with section ets, frames, cells, or other data units, includ- 201(b). For such purposes, such high speed ing the functions that are performed by dig- Mr. BUYER. It is not. So the Mem- data service shall be deemed a nondominant ital subscriber line access multiplexers; or bers have to stay here during the read- service. ‘‘(II) any successor to the functions de- ing of this amendment? ‘‘(iv) SERVING CENTRAL OFFICE DEFINITION.— scribed in clause (i); The SPEAKER pro tempore. The For the purpose of this subparagraph, the ‘‘(ii) includes such element on a stand- amendment is not debatable. term ‘serving central office’ means the cen- alone basis, or as a part of a combination The Clerk will continue to read. tralized location where the incumbent local with one or more other network elements; The Clerk continued to read. exchange carrier has elected to provide ac- and cess to the high speed data service required ‘‘(iii) does not include elements of the sig- PARLIAMENTARY INQUIRY by this subparagraph. naling system 7 network transmitting sig- Mr. ROEMER. Mr. Speaker, I have a ‘‘(C) SPACE ADJACENT TO AN INCUMBENT’S naling information between switching parliamentary inquiry. REMOTE TERMINAL.—Subparagraph (E)(iii) points; The SPEAKER pro tempore. The gen- does not relieve an incumbent carrier of any ‘‘(D) the term ‘remote terminal’ means a tleman will state his inquiry. obligation under regulations in effect on controlled environment hut, controlled envi- Mr. ROEMER. Mr. Speaker, with the May 24, 2001, to provide space adjacent to its ronment vault, cabinet, or other structure at House vote denying the minority the remote terminal to a requesting carrier so a remote location between the central office that the requesting carrier may construct its and a customer’s premises; and right for a motion to recommit, has own remote terminal. ‘‘(E) the term ‘signaling system 7 network’ that happened in the last 10 years, the ‘‘(D) CLEC ACCESS TO INCUMBENT CARRIER means the network that uses signaling links last decade in the House of Representa- RIGHTS-OF-WAY.—Any incumbent local ex- to transmit routing messages between tives?

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.099 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H607 The SPEAKER pro tempore. The RBOCs to transmit a competitor’s broadband ‘‘(i) OFFERING REQUIRED.—If an incumbent Chair cannot presume to place the service over their fiber lines and equipment at local exchange carrier provides high-speed pending proceedings in historical con- ‘‘just and reasonable’’ rates, terms and condi- data services over a fiber local loop or fiber text. feeder subloop, that carrier shall offer, over tions set by the FCC. It also preserves the au- such loop or subloop for delivery at the in- Mr. ROEMER. Parliamentary in- thority of the FCC to enforce consumer protec- cumbent local exchange carrier’s serving quiry. tion laws, and establishes a new framework central office, a high speed data service that The SPEAKER pro tempore. The gen- under which RBOCs that use fiber lines to is provided by such carrier utilizing an in- tleman will state his inquiry. provide broadband services must also carry dustry-standard protocol. Mr. ROEMER. Has the minority in the broadband services of competitors. ‘‘(ii) TRANSMISSION OPTIONS.—Such service the House of Representatives been de- Additionally, it eliminates the requirement shall enable a requesting carrier to transmit nied the sacred right of a motion to re- that RBOCs permit competitors to directly con- information over an incumbent local ex- commit in the last 20 years? nect with or be provided space in a RBOC re- change carrier’s facilities between that in- The SPEAKER pro tempore. The cumbent local exchange carrier’s serving mote terminal, but gives competitors access to central office and (I) a customer’s premises Chair would give the gentleman the RBOCs’ rights-of-way so that competitors may served by that serving central office; (II) a same response, and that is that the place their own remote terminals on RBOC remote terminal supplied by the requesting Chair cannot presume to place the property near the RBOC equipment. carrier; or (III) a high frequency portion of pending proceedings in historical con- Importantly, this amendment guarantees the copper subloop obtained by such request- text. that CLECs have access to customers served ing carrier pursuant to the provisions of sub- Mr. ROEMER. I thank the Chair. by RBOC company high-speed networks section (c)(3). Mr. TOWNS. Mr. Speaker, I rise today in under FCC-regulated rates, terms, and condi- ‘‘(iii) RATES, TERMS, AND CONDITIONS.—Such high speed data service shall be offered on support of my amendment to H.R. 1542. tions. It also preserves rules governing CLECs Last year, I voted to report H.R. 1542 out of rates, terms, and conditions that are just access to RBOC facilities, including a rule that and reasonable in accordance with section Committee. I felt that America needed to for- permits CLECs to line-share on RBOC copper 201(b). For such purposes, such high speed mulate a national broadband policy and that facilities; maintains rules governing law en- data service shall be deemed a nondominant the Tauzin-Dingell Bill was an excellent first forcement, pornography, slamming/cramming, service. step in doing so. privacy, access by persons with disabilities. ‘‘(iv) SERVING CENTRAL OFFICE DEFINITION.— I also supported a line-sharing amendment This amendment goes a long way towards For the purpose of this subparagraph, the during Committee deliberations because I felt increasing competition, access, and fairness in term ‘serving central office’ means the cen- tralized location where the incumbent local that it was critical to provide access and rea- this important sector. I urge my colleagues to sonable pricing for the competitive industry. exchange carrier has elected to provide ac- support it. cess to the high speed data service required Over the past three years, line sharing has The SPEAKER pro tempore. Without by this subparagraph. been the most contentious issue in the objection, the previous question is or- ‘‘(C) SPACE ADJACENT TO AN INCUMBENT’S broadband debate. The amendment that Mr. dered on the amendment to the motion REMOTE TERMINAL.—Subparagraph (E)(iii) BUYER and I offer today represents a true to recommit and on the motion to re- does not relieve an incumbent carrier of any compromise on this issue. commit. obligation under regulations in effect on Our amendment ensures that the competi- There was no objection. May 24, 2001, to provide space adjacent to its tive industry will have access to all copper and The SPEAKER pro tempore. The remote terminal to a requesting carrier so fiber networks owned by the Bell Companies. that the requesting carrier may construct its question is on the amendment offered own remote terminal. They will also have FCC-regulated pricing, by the gentleman from Indiana (Mr. ‘‘(D) CLEC ACCESS TO INCUMBENT CARRIER which will prohibit the Bell Companies from BUYER) to the motion to recommit of- RIGHTS-OF-WAY.—Any incumbent local ex- pricing the CLECs out of the market. In addi- fered by the gentleman from Massachu- change carrier has the duty to afford access tion to these provisions, this amendment also setts (Mr. MARKEY). to its poles, conduits, and rights-of-way in safeguards important laws such as the anti- The amendment to the motion to re- accordance with subsection (b)(4) for provi- slamming provisions and it protects the E-Rate commit was agreed to. sion of high speed data service. program. The SPEAKER pro tempore. The ‘‘(E) SCOPE.—Notwithstanding any provi- Let me be candid by saying, this is not what sion of law, neither the Commission nor any question is on the motion to recommit, State shall— the Bell Companies or the competitors pre- as amended. ‘‘(i) require an incumbent local exchange ferred; however I strongly believe that our The motion to recommit, as amend- carrier to provide unbundled access in ac- amendment represents the middle ground that ed, was agreed to. cordance with subsection (c)(3) to any packet has been sorely missing in this debate over Mr. TAUZIN. Mr. Speaker, pursuant switching network element; high-speed data deployment. to the instructions of the House on the ‘‘(ii) require an incumbent local exchange I will tell you Mr. Speaker that it is my belief motion to recommit and on behalf of carrier to provide, for the provision of high that our amendment does the right thing to en- the Committee on Energy and Com- speed data service, access on an unbundled basis in accordance with subsection (c)(3) to sure that broadband is deployed in a competi- merce, I report the bill, H.R. 1542, back tive environment. I am pleased that the AARP any fiber local loop or fiber feeder subloop; to the House with an amendment. or and the Communications Workers of America The SPEAKER pro tempore. The ‘‘(iii) require an incumbent local exchange have endorsed our proposal to strike a bal- Clerk will report the amendment. carrier to provide for collocation in accord- ance that is fair to consumers and is equitable The Clerk read as follows: ance with subsection (c)(6) in a remote ter- for providers. Amendment: minal, or to construct or make available I urge each of my colleagues to vote ‘‘yes’’ Page 6, beginning on line 9, strike ‘‘, or to space in a remote terminal. on the Buyer-Towns Amendment and forge a regulate any network element to the extent ‘‘(F) REINTERPRETATION.—Consistent with true compromise on the issue of line sharing. it is used in the provision of any such serv- subparagraph (E), neither the Commission Ms. JACKSON-LEE of Texas. Mr. Speaker, ice’’. nor any State shall construe, interpret, or Page 7, strike line 7 and all that follows apply this section in such a manner as to ex- I rise in support of this amendment. pand an incumbent local exchange carrier’s I disagree with opponents of this amend- through line 2 on page 9 and insert the fol- lowing: obligation, as in effect on May 24, 2001, to ment who argue that it would give the RBOCs ‘‘(j) GUARANTEED ACCESS TO CONSUMERS provide access in accordance with subsection a competitive advantage over smaller competi- FOR CLECS.— (c)(3) to any network element for the provi- tors. This amendment, a substitute amend- ‘‘(1) ACCESS RULES.— sion of high speed data service, or to provide ment to the Cannon/Conyers amendment, re- ‘‘(A) PRESERVATION OF RULES GUARAN- collocation in accordance with subsection quires RBOCs to utilize a competitor’s TEEING CLEC ACCESS TO INCUMBENT CARRIER (c)(6) for the provision of high speed data broadband service over their network, but it FACILITIES.—Except as provided in subpara- service. does not require that they share their lines or graph (E), the Commission is not required to Page 9, lines 3 and 15, redesignate subpara- graphs (E) and (F) as subparagraphs (G) and facilities. repeal or modify the regulations in effect on May 24, 2001, that enable a requesting carrier (H), respectively. Although, under the bill, RBOCs would no to use the facilities of an incumbent local Page 10, beginning on line 11, strike para- longer be required to provide to competitors, exchange carrier to provide high speed data graph (3) through page 11, line 3, and insert at ‘‘wholesale rates,’’ the use of RBOC DSL services. the following: switching and routing equipment, fiber optic ‘‘(B) TRANSPORT SERVICES AVAILABLE TO ‘‘(3) DEFINITIONS.—For purposes of this lines, or remote terminals, it does require CLECS.— subsection—

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.102 pfrm04 PsN: H27PT1 H608 CONGRESSIONAL RECORD — HOUSE February 27, 2002 ‘‘(A) the term ‘fiber feeder subloop’ means The bill was ordered to be engrossed Sherwood Sullivan Turner the entirely fiber optic cable portion of the Shimkus Sweeney Upton and read a third time, and was read the Shows Tancredo Visclosky local loop between the feeder/distribution third time. interface (or its equivalent) and a distribu- Shuster Tanner Vitter The SPEAKER pro tempore. The Simmons Tauscher Walden tion frame (or its equivalent) in an incum- Simpson Tauzin Walsh bent local exchange carrier central office, in- question is on the passage of the bill. Smith (MI) Taylor (NC) Watkins (OK) cluding all features, functions, and capabili- The question was taken; and the Smith (NJ) Terry Watson (CA) ties of such portion of the local loop; Speaker pro tempore announced that Smith (TX) Thomas Weldon (FL) ‘‘(B) the term ‘fiber local loop’ means an the ayes appeared to have it. Smith (WA) Thompson (CA) Weldon (PA) entirely fiber optic cable transmission facil- Snyder Thompson (MS) Weller ity, including all features, functions, and ca- RECORDED VOTE Souder Thornberry Wexler Spratt Tiahrt pabilities of such transmission facility, be- Whitfield Mr. TAUZIN. Mr. Speaker, I demand Stearns Tiberi Wilson (SC) tween a distribution frame (or its equiva- a recorded vote. Stenholm Toomey Wynn lent) in an incumbent local exchange carrier A recorded vote was ordered. Strickland Towns central office and the loop demarcation point at an end-user customer premise; The vote was taken by electronic de- NOES—157 ‘‘(C) the term ‘packet switching network vice, and there were—ayes 273, noes 157, Abercrombie Hastings (WA) Peterson (MN) element’— not voting 4, as follows: Andrews Hayworth Peterson (PA) Baird Hefley Pickering ‘‘(i) means a network element that per- [Roll No. 45] forms, or offers the capability to perform— Barrett Hinchey Pitts AYES—273 Bartlett Hoeffel Platts ‘‘(I) the basic packet switching function of Bereuter Hoekstra Pomeroy Ackerman Filner routing or forwarding packets, frames, cells, Lewis (KY) Berkley Holt Ramstad Aderholt Fletcher or other data units based on address or other LoBiondo Berman Honda Regula Akin Foley routing information contained in the pack- Lowey Biggert Hooley Rehberg Allen Ford ets, frames, cells, or other data units, includ- Lucas (KY) Blumenauer Inslee Rivers Armey Fossella Lucas (OK) Borski Isakson Roemer ing the functions that are performed by dig- Baca Frost Lynch Boswell Israel Rogers (MI) ital subscriber line access multiplexers; or Bachus Gallegly Maloney (CT) Brown (OH) Johnson, E. B. Rohrabacher ‘‘(II) any successor to the functions de- Baker Ganske Manzullo Cannon Johnson, Sam Rothman Baldwin Gekas scribed in clause (i); Matheson Cantor Kaptur Roybal-Allard Ballenger Gephardt ‘‘(ii) includes such element on a stand- Matsui Capps Keller Royce Barcia Gibbons alone basis, or as a part of a combination McCarthy (NY) Carson (OK) Kilpatrick Sabo Barr Gillmor with one or more other network elements; McCrery Castle Kingston Sanders Barton Gonzalez and McGovern Chabot Kolbe Schaffer Bass Goodlatte McHugh Coble Kucinich Schakowsky ‘‘(iii) does not include elements of the sig- Becerra Gordon McIntyre Conyers LaFalce Scott naling system 7 network transmitting sig- Bentsen Graham McKeon Costello Latham Shadegg naling information between switching Berry Granger McNulty Cox Leach Shays Bilirakis Graves points; Meek (FL) Coyne Lee Skeen Bishop Green (TX) ‘‘(D) the term ‘remote terminal’ means a Meeks (NY) Davis (CA) Linder Skelton Blagojevich Green (WI) controlled environment hut, controlled envi- Menendez Davis (FL) Lipinski Slaughter Blunt Greenwood ronment vault, cabinet, or other structure at Millender- Davis, Tom Lofgren Solis Boehlert Grucci McDonald DeFazio Luther Stark a remote location between the central office Boehner Gutierrez Miller, Dan DeGette Maloney (NY) Stump and a customer’s premises; and Bonilla Gutknecht Miller, Gary Delahunt Markey Stupak ‘‘(E) the term ‘signaling system 7 network’ Bonior Hall (OH) Mollohan DeMint Mascara Sununu Bono Hall (TX) means the network that uses signaling links Moran (KS) Deutsch McCarthy (MO) Taylor (MS) Boozman Hart to transmit routing messages between Morella Doggett McCollum Thune Boucher Hastings (FL) switches and between switches and call re- Murtha Dooley McDermott Thurman Boyd Hayes lated data bases.’’. Myrick Doyle McInnis Tierney Brady (PA) Herger Page 7, line 3, strike the close quotation Neal Dreier McKinney Udall (CO) Brady (TX) Hill Ney Duncan Meehan Udall (NM) marks and the following period, and after Brown (FL) Hilleary Northup Dunn Mica Velazquez such line insert the following: Brown (SC) Hilliard Norwood Ehrlich Miller, George Wamp ‘‘(d) ADDITIONAL COMMISSION AUTHORITY Bryant Hinojosa Nussle Eshoo Miller, Jeff Waters PRESERVED.—Notwithstanding subsection Burr Hobson Olver Etheridge Mink Watt (NC) Burton Holden (a), such subsection shall not restrict or af- Ortiz Evans Moore Watts (OK) Buyer Horn fect in any way the authority of the Ose Farr Moran (VA) Waxman Callahan Hostettler Commission— Otter Fattah Nadler Weiner Calvert Houghton ‘‘(1) to adopt regulations to prohibit unso- Oxley Flake Napolitano Wicker Camp Hoyer licited commercial e-mail messages; Pascrell Forbes Nethercutt Wilson (NM) Capito Hulshof Pastor Frank Oberstar Wolf ‘‘(2) to regulate changes in subscriber car- Capuano Hunter Payne Frelinghuysen Obey Woolsey rier selections or the imposition of charges Cardin Hyde Pence Gilchrest Osborne Wu on telephone bills for unauthorized services; Carson (IN) Issa Petri Goode Owens Young (AK) Chambliss Istook or Phelps Goss Pallone Young (FL) Clay ‘‘(3) with respect to— Jackson (IL) Pombo Hansen Paul Clayton ‘‘(A) customer proprietary network infor- Jackson-Lee Portman Harman Pelosi mation, as provided in section 222; Clement (TX) Price (NC) Clyburn Jefferson Pryce (OH) NOT VOTING—4 ‘‘(B) with respect to rules and procedures Collins Jenkins Putnam Baldacci Gilman adopted pursuant to section 223 to restrict Combest John Quinn Cubin Traficant the provision of pornography to minors and Condit Johnson (CT) Radanovich unconsenting adults; or Cooksey Johnson (IL) Rahall ‘‘(C) with respect to access by persons with Cramer Jones (NC) Rangel b 1654 disabilities, as provided in section 255.’’. Crane Jones (OH) Reyes Crenshaw Kanjorski Reynolds Ms. MILLENDER-MCDONALD Page 6, line 12, insert before the period the changed her vote from ‘‘no’’ to ‘‘aye.’’ following: ‘‘that is not imposed or required Crowley Kelly Riley Culberson Kennedy (MN) Rodriguez on the date of enactment of this section’’. So the bill was passed. Cummings Kennedy (RI) Rogers (KY) The result of the vote was announced Mr. TAUZIN (during the reading). Cunningham Kerns Ros-Lehtinen Mr. Speaker, I ask unanimous consent Davis (IL) Kildee Ross as above recorded. that the amendment be considered as Davis, Jo Ann Kind (WI) Roukema A motion to reconsider was laid on Deal King (NY) Rush the table. read and printed in the RECORD. DeLauro Kirk Ryan (WI) The SPEAKER pro tempore. Is there DeLay Kleczka Ryun (KS) f objection to the request of the gen- Diaz-Balart Knollenberg Sanchez Dicks LaHood Sandlin tleman from Louisiana? Dingell Lampson Sawyer AUTHORIZING THE CLERK TO There was no objection. Doolittle Langevin Saxton MAKE CORRECTIONS IN EN- The SPEAKER pro tempore. The Edwards Lantos Schiff GROSSMENT OF H.R. 1542, INTER- Ehlers Larsen (WA) Schrock question is on the amendment. NET FREEDOM AND BROADBAND The amendment was agreed to. Emerson Larson (CT) Sensenbrenner The SPEAKER pro tempore. The Engel LaTourette Serrano DEPLOYMENT ACT OF 2001 English Levin Sessions question is on the engrossment and Everett Lewis (CA) Shaw Mr. TAUZIN. Mr. Speaker, I ask third reading of the bill. Ferguson Lewis (GA) Sherman unanimous consent that the Clerk be

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.035 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H609 authorized to make necessary tech- The SPEAKER pro tempore. Under a committee hearings since I have been nical, conforming and clerical correc- previous order of the House, the gentle- in the Congress, and I have never heard tions in the enrollment of the bill, H.R. woman from the District of Columbia a more shocking statement in a con- 1542. (Ms. NORTON) is recognized for 5 min- gressional hearing than I heard Chair- The SPEAKER pro tempore (Mr. utes. man BURTON give. In fact, I have heard LATOURETTE). Is there objection to the (Ms. NORTON addressed the House. him now give it on two occasions. request of the gentleman from Lou- Her remarks will appear hereafter in His opening statement, the first isiana? the Extensions of Remarks.) paragraph said, ‘‘The United States De- There was no objection. f partment of Justice allowed lying wit- f The SPEAKER pro tempore. Under a nesses to send men to death row. It stood by idly while innocent men spent GENERAL LEAVE previous order of the House, the gen- tleman from North Carolina (Mr. decades behind bars. It permitted in- Mr. TAUZIN. Mr. Speaker, I ask JONES) is recognized for 5 minutes. formants to commit murder. It tipped unanimous consent that all Members (Mr. JONES of North Carolina ad- off killers so that they could flee be- may have 5 legislative days in which to dressed the House. His remarks will ap- fore they were caught. It interfered revise and extend their remarks and in- pear hereafter in the Extensions of Re- with local investigations of drug deal- sert extraneous material in the RECORD marks.) ing and arms smuggling. And then on H.R. 1542, the bill just passed. when people went to the Justice De- The SPEAKER pro tempore. Is there f partment with evidence about murders, objection to the request of the gen- The SPEAKER pro tempore. Under a some of them ended up dead.’’ tleman from Louisiana? previous order of the House, the gen- 1700 There was no objection. tleman from Illinois (Mr. LIPINSKI) is b f recognized for 5 minutes. Now, that is a statement by the gen- (Mr. LIPINSKI addressed the House. tleman from Indiana (Chairman BUR- COMMUNICATION FROM THE HON. His remarks will appear hereafter in TON). As I said, I think it is the most HOWARD L. BERMAN, MEMBER the Extensions of Remarks.) shocking statement I have ever heard OF CONGRESS f made in a congressional investigation. The SPEAKER pro tempore laid be- I do not really know what all is be- fore the House the following commu- THE CASE OF JOSEPH SALVATI hind everything that is in that state- nication from the Honorable HOWARD The SPEAKER pro tempore. Under a ment. I know it is far more than just L. BERMAN, Member of Congress: previous order of the House, the gen- the Salvati case from Massachusetts, WASHINGTON, DC, tleman from Tennessee (Mr. DUNCAN) is which, as I say, was a case in which the February 25, 2002. recognized for 5 minutes. Justice Department kept a man in pris- Hon. J. DENNIS HASTERT, Mr. DUNCAN. Mr. Speaker, I rise on for more than 30 years for some- Speaker, House of Representatives, today to talk about what I think is one thing that they knew all along that he Washington, DC. of the greatest miscarriages of justice did not do. DEAR MR. SPEAKER: This is to formally no- ever heard of or ever seen in this Na- But I will say this: anyone who is not tify you, pursuant to Rule VIII of the Rules tion. of the House of Representatives, that I have totally, completely shocked by what 1 been served with civil subpoenas for docu- As some people know, I spent 7 ⁄2 the gentleman from Indiana (Chairman ments and testimony issued by the United years before coming to Congress as a BURTON) said in that statement that I States District Court for the Central District criminal court judge in Tennessee try- just read and who is not totally com- of California in a civil case pending there. ing felony criminal cases, the murders, pletely shocked by the Salvati case The testimony and documents sought relate the rapes, the armed robberies, the bur- should reexamine his or her commit- in part to the official functions of the House. glary cases, the most serious cases. But ment to true justice and to our legal After consultation with the Office of Gen- I want to talk briefly today about the system. eral Counsel, I will determine whether it is Joseph Salvati case, a case in which a consistent with the privileges and rights of The primary purpose of the law and the House to comply with the subpoenas, to man whom the FBI knew was innocent our legal system should be to protect the extent that they seek testimony and doc- and yet they still kept him in prison the freedom and liberty of innocent uments that relate to the official functions for more than 30 years, a man with a citizens. That should be the primary of the House. wife and, I think, four children. It is purpose and goal of our legal system. Sincerely, just horrendous to think about what Our term ‘‘justice’’ can be defined in HOWARD L. BERMAN, was done to this man by our own Fed- many ways; but in the end, it should Member of Congress. eral Government, a man that they and does mean fairness, simple fairness f knew was innocent. They did not dis- from one human being to another. Jus- SPECIAL ORDERS cover that he was innocent after he had tice should mean fairness to all. been in prison for 25 years. They knew Apparently, you had and still have The SPEAKER pro tempore. Under before he went to prison that he was Justice Department and FBI bureau- the Speaker’s announced policy of Jan- innocent. crats who are so blinded by arrogance uary 3, 2001, and under a previous order First of all, I want to start by ex- and power that they can no longer see of the House, the following Members pressing my great admiration and re- what true justice means. To me, this is will be recognized for 5 minutes each. spect for the courage and determina- shocking. The FBI and the Justice De- f tion of the gentleman from Indiana partment are still refusing to turn over The SPEAKER pro tempore. Under a (Mr. BURTON), chairman of the Com- documents and papers on the Salvati previous order of the House, the gen- mittee on Government Reform, in con- case and on some of these other cases tleman from California (Mr. GEORGE ducting several hearings about this ter- to the gentleman from Indiana (Chair- MILLER) is recognized for 5 minutes. rible miscarriage of justice that I am man BURTON), even though these cases (Mr. GEORGE MILLER of California talking about here. This is my 14th are many years old. The Salvati case, addressed the House. His remarks will year in the Congress. I have been as I say, occurred more than 30 years appear hereafter in the Extensions of shocked by this Joseph Salvati case ago. Remarks.) and all that I have heard in the hear- Joseph Califano, who was a member f ings that Chairman BURTON has had so of the Cabinet and a top adviser to The SPEAKER pro tempore. Under a far, but I want to read to you the first Presidents Clinton and Carter, wrote in previous order of the House, the gen- paragraph of Chairman BURTON’S open- a column a few weeks ago in the Wash- tleman from Iowa (Mr. GANSKE) is rec- ing statement, because I am a member ington Post and said, ‘‘In the war ognized for 5 minutes. of three different committees, five sep- against terrorism, which all of us sup- (Mr. GANSKE addressed the House. arate subcommittees, I have partici- port, we are missing a very alarming His remarks will appear hereafter in pated in hundreds, maybe even several problem that is growing by leaps and the Extensions of Remarks.) thousand of committee and sub- bounds,’’ and that is what he described

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.106 pfrm04 PsN: H27PT1 H610 CONGRESSIONAL RECORD — HOUSE February 27, 2002 as the ‘‘shocking, alarming rise in Fed- children have been forced to sell all of say and do is broadcast all over the eral police power.’’ their belongings and now plan to re- world, even if it is not broadcast right If we are going to have true justice in turn to Pakistan. Anser has been in here in America. When what is being this country, we cannot end up with a jail for more than 140 days and has broadcast are mass arrests of young Federal police state that allows the never been charged with a crime. men and closing down of charities, FBI and the Justice Department to do On September 18, Mohammed Refai, a then we can only expect insightful just anything they want, no matter if legal resident of the United States, was rhetoric from abroad. It is time we it means that an innocent man ends up informed that the 1-year extension of start living up to our own standards of behind bars for 30 years when they his conditional green card was being freedom, equality, and justice. know he is innocent, and they covered revoked. Then he was put in jail. The f it up and then attempt to continue to government denied him access to his LOCAL FIREFIGHTERS COULD cover it up after the world knows all lawyer for 2 days, and he remains in FACE CHOICE BETWEEN TWO about it. This Salvati case has been on solitary confinement. Mohammad has PASSIONS ‘‘60 Minutes.’’ Everybody knows about been in jail for 162 days and has never it; it has been all over the television been charged with a crime. The SPEAKER pro tempore (Mrs. and the news. These are just a handful of the sto- BIGGERT). Under a previous order of the So I hope the gentleman from Indi- ries of people who have been swept up House, the gentleman from Pennsyl- ana (Chairman BURTON) will continue in Attorney General John Ashcroft’s vania (Mr. WELDON) is recognized for 5 the series of hearings that he has held dragnet and who have been denied the minutes. trying to call attention to this horren- most fundamental rights of due process Mr. WELDON of Pennsylvania. dous abuse, this terrible miscarriage of and rule of law. But there are literally Madam Speaker, I reluctantly rise to justice that was done to Mr. Salvati, hundreds and hundreds and hundreds of discuss an issue that troubles me and I hope that people realize that we such cases all over the country. greatly. For the past 16 years that I have a Federal Government that has We do not know their names, and we have served in this body I have tried to gotten out of control here and they do not know what they are being focus attention on the plight of the Na- start opposing things like happened in charged with. We do not know if they tion’s fire and emergency service pro- this case. have access to legal assistance or even viders. Across this country, we have fought to their families. There are reports f for their interests. We have fought for that many have been mistreated and the career and volunteer firefighters in TWO THOUSAND DETAINEES: denied access to their legal counsel and 32,000 departments. We organized the AMERICA’S GULAG? even visits by their families. We know largest caucus in the Congress. We The SPEAKER pro tempore (Mr. that one such detainee has already died have an annual dinner each April LATOURETTE). Under a previous order while in U.S. custody. But we do not which brings all the focus together. We of the House, the gentlewoman from know exactly how many others are have had President Clinton, former Georgia (Ms. MCKINNEY) is recognized being held because the Bush adminis- President Bush and all of our major for 5 minutes. tration will not tell us. They will not party leaders come together to support Ms. MCKINNEY. Mr. Speaker, I tell us who they are, where they are, or would like to address a matter of grave them. why they are being held. As we saw in the Washington Post 2 concern for those of us who value free- The ACLU and other domestic civil days ago, the good will we have devel- dom and democracy in this country. rights groups estimate there are as oped is currently being undone by a On December 14, Rabih Haddad, a many as 2,000 individuals, most of them resolution passed by the International prominent community leader and reli- men from the Middle East and South Association of Fire Fighters, good gious cleric in Anne Arbor, Michigan, Asia, who are now swept up in this ad- friends of mine, supporters of mine, was preparing to celebrate a major re- ministration dragnet. The number will that tells their membership they can ligious holiday with his wife and four likely increase in the coming months no longer volunteer in the course of children when a knock came at his as John Ashcroft goes after thousands serving the communities where they door. There stood three INS agents who more so-called ‘‘absconders.’’ live. So a firefighter in the District of had come to take him away. Mr. We do know that one detainee, 55- Columbia who lives in suburban Mary- Haddad is now being held in 23-hour year-old Mohammad Butt from Paki- land or Virginia is no longer allowed on solitary confinement several hundred stan, died in custody at the Hudson his own free time to serve the commu- miles away from his family, whom he County Jail in New Jersey. But the nities where he lives. If he wants to do is allowed to see only 4 hours a month. Justice Department offers little justice that, he must give up his union card. Mr. Haddad has been in jail for 76 days for those now caught in its snare. Madam Speaker, this is like saying and has never been charged with a The great irony is that all along the that teachers, and I was a teacher for 7 crime. administration has said that we are years, should withdraw from the teach- On November 24, Mazen Al-Najjar, a hated because we are free; not because er’s association if they want to tutor former university professor and reli- of what we are, but because we are free. poor kids on weekends or after school, gious leader living in Tampa, Florida, There is so much talk about how or even teach Sunday school. It is like was rearrested by Justice Department America is viewed abroad. Well, let us telling doctors that they should no officials. Professor Al-Najjar had al- look at a recent headline: ‘‘The dis- longer serve in clinics on their own ready been held for 3 years in Federal appeared: Since 11 September, last time or be dismissed from the AMA. It prison on secret evidence until Decem- year, up to 2,000 people in the United is like telling professional athletes ber 2000, when a judge ruled that alle- States have been detained without they should no longer play in charity gations against him were baseless and trial or charge or even legal rights. The games, raising money for good causes, ordered the government to release him. fate of most is unknown. Andrew or coach our youth teams. It is like He is now being held in 23-hour Gumbel investigates a scandal that telling lawyers that they should not lockdown in a maximum security pris- shames the land of the free.’’ belong to the American Bar Associa- on. Professor Al-Najjar has been in jail A scandal that shames the land of tion if they do pro bono work. for 96 days and still has never been the free, and most Americans do not Madam Speaker, one of the leaders, a charged with a crime. even know it. But that is not from a paid IAFF leader and a member of the In early October, Anser Mehmood, a newspaper in Pyongyang; it is not from Rockville City Volunteer Fire Depart- New Jersey truck driver originally a newspaper in Tehran. It is from a ment, has estimated that 70 percent of from Pakistan, was arrested by Federal newspaper from London, one of the all career firefighters volunteer in the law enforcement officials. His family largest newspapers, in fact, in London, communities where they live. The was not allowed to visit him for 3 from the Independent. IAFF has now come out and said they months, nor were they told of his If we want the world to understand can no longer do that. whereabouts. Deprived of their only who we are and what we stand for, we I respectfully request our friends in source of income, his wife and four should bear in mind that everything we the IAFF to reconsider this decision.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.114 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H611 We will continue to support fire- Well, you know what? James Hughes struggle. The time has come for justice fighters, career and volunteer. We will and his fellow janitors, they said that for janitors. I am here to say tonight, continue to fight for more funding to they are not going to pick up the trash, Madam Speaker, that I am proud to provide even for paid personnel where and the SEIU janitors walked off their stand with the men and women of SEIU there are shortages. But this kind of a jobs and let the garbage pile high. local 79 and their great President policy drives a wedge between career b 1715 Willie Hampton for their fight for liv- and volunteer fire and EMS people that ing wages and adequate benefits. It is is just, I think, unthinkable. This new symbol of prosperity is sup- time we move forward. It is time to In fact, one of the leaders of the posed to be embodied in this new ter- act. And on Thursday, February 28, we IAFF said it well: ‘‘Many of the small- minal. It is supposed to be clean and will. new, and it is supposed to be a sign er communities rely solely on volun- f teer stations and they stand to lose a that things are turning around at De- lot. This is all about men and women troit Metro. Well, instead, it had be- SUPPORT H.R. 2820 AND SUPPORT who really just love being a firefighter. come a symbol of greed, a symbol of OUR VETERANS Volunteering on their days off, whether cronyism, a symbol of nepotism, and a The SPEAKER pro tempore (Mrs. in their own county or nearby, keeps symbol of corruption at this airport. It BIGGERT). Under a previous order of the their skills fresh. This just unneces- seemed that contracts, whether they House, the gentleman from Ohio (Mr. sarily drives a wedge between the ca- are no-bid contracts handed out to po- STRICKLAND) is recognized for 5 min- reers and the volunteers, and that litical friends and family members or utes. eventually hurts the public.’’ broken contracts with our janitors, re- Mr. STRICKLAND. Madam Speaker, Madam Speaker, I was up at the main a persistent problem at our air- we hear lots of lofty words and phrases World Trade Center 2 days after the port and in Wayne County. uttered in this Chamber when it comes disaster, and I saw thousands of fire- Well, it is high time that it stopped. to honoring our military men and fighters from around the country work- On Thursday, the janitors who had women and paying our debt of grati- ing together with the New York City previously cleaned Northwest’s former tude to our veterans who have served career firefighters. Does this mean that home in the Davey Terminal, they are this country so nobly. But I have found those career firefighters from other de- going to be holding a rally. They have that talk is cheap, and if one wants to partments that went to New York City had enough of this. They are tired. know what is really important to the would lose their union cards if this They are sick and tired of being sick people who occupy this Chamber, one were enforced because they were volun- and tired, and they will be standing up watches where the money goes. How do teering to help their brother fire- for justice. They will be standing up for we use our resources? fighters in time of need? dignity and respect, and they will be I want to call to this Chamber’s at- I plead with my friends in the IAFF, standing up for what is right. tention two things that have happened for the sake of your own members, A living wage is something that recently which negatively impact our change this policy, so that we all can every worker ought to be able to have. Nation’s veterans. We are in the proc- work together for the good of Amer- A wage enough so they can feed their ess of imposing upon many of our vet- ica’s domestic defenders. families, pay their rent, pay their erans an annual deductible of $1,500 in mortgage, a pay that one should be re- f order for them to receive health care at spected for. our veterans’ facilities. Madam Speak- METRO AIRPORT JANITORS HAVE Madam Speaker, one cannot help but er, $1,500, a new burden being placed EARNED A FAIR WAGE be reminded of the time when garbage upon our veterans. The SPEAKER pro tempore. Under a piled high up all over Memphis, leaving In addition to that burden, there is previous order of the House, the gen- a stench in the air. The mayor there at an additional burden. In the past, vet- tleman from Michigan (Mr. BONIOR) is that time refused to treat city sanita- erans have been able to go to our hos- recognized for 5 minutes. tion workers with respect. He refused pitals and receive prescription drugs by Mr. BONIOR. Madam Speaker, in the to honor their work with a fair wage, giving a $2 per prescription copay; $2 Detroit Metropolitan area, we recently and he listened more to his political per prescription. But, sadly, in early celebrated the opening of a $1.2 billion cronies than he did to the elected rep- February of this year, that copay was Midfield Terminal at our regional air- resentatives of the people. So the increased dramatically by 250 percent. port. Now, after millions and millions young Memphis janitors, represented So now veterans do not pay $2 when have been spent to build this terminal, by AFSCME United, they held rallies, they get a prescription filled, they are and after billions and billions have they marched the streets, and then required to pay $7 for each prescrip- been spent to bail out the airline indus- they brought in Martin Luther King, tion. tries, our airport is literally a mess be- Jr., to fight their cause. Now, at a VA hospital in my area, cause of $3.55. The second time he came was the the average veteran gets over 10 pre- Now, $3.55 may not seem like a lot of tragic day in April which no one will scriptions per month. If we take 10 pre- money, but to workers like James ever, ever forget. Yet, sometimes we scriptions per month and we charge $7 Hughes it is a lot. What is even more forget why he came to Memphis. He copay per prescription, that is $70 a insulting is that his pay and benefits was there because he saw his brothers month, and many of our veterans get are being cut without negotiations and sisters in a struggle. It was a their medications for 3 months at a with his collective-bargaining agent, struggle for civil rights, for social jus- time. If we take 70 times 3, that is $210. the Service Employees International tice, and for economic equality; and he But what does this mean to the veteran Union Local 79. died fighting against poverty and sup- who is living on a fixed income, a vet- When the new Midfield Terminal porting sanitation workers who were eran who has served this country hon- opened and the contractor in charge of on strike in Memphis. orably and nobly, a veteran who has custodial services turned its back on Now, nearly 34 years later, in a dif- paid the price for the security needs of James Hughes and his coworkers, they ferent city, at a different moment in this Nation? This new burden for a vet- turned their backs on the SEIU Local our history, janitors and sanitation eran who takes 10 prescriptions a 79, and they turned their backs on all workers are still struggling for the month amounts to $600 per year. This the passengers who fly through De- right to be treated with dignity and re- is totally unjustified. troit’s airport. They said to James spect. Madam Speaker, I would point out Hughes and his coworkers, we will not Fredrick Douglas once wrote, ‘‘There that we are doing this at a time when pay you a living wage. In fact, we are is no progress without struggle.’’ Well, this House voted just a few days ago to going to cut your pay from $10.90 an these workers have been struggling for eliminate the Alternative Minimum hour to $7.35 an hour, and we will not generations, and progress has become Tax, a tax that was placed on wealthy give you the same health care benefits painfully, painfully slow to come. The corporations, profitable corporations that you had before. This is an abso- time is now for those who care about during the presidency of Ronald lute outrage. working families to join them in their Reagan, because back in those days,

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.116 pfrm04 PsN: H27PT1 H612 CONGRESSIONAL RECORD — HOUSE February 27, 2002 President Reagan recognized that there House of Delegates for 6 years and as a not recognize the losses we have suf- were janitors who were literally paying State Senator from 1972 until his re- fered. I would like to recount one par- more in taxes than the profitable cor- tirement in 1992. Educated at Yale ticularly painful loss endured by Afri- porations that they worked for. So the where he received his law degree, Sen- can-Americans, that of land loss. Alternative Minimum Tax was im- ator DuVal went on to serve as a lieu- Madam Speaker, on January 12, 1865, posed, and it has been in place since tenant commander in the Navy’s 16th General William T. Sherman met with 1986. But in this Chamber, just a few Air Group during World War II. After 20 black community leaders of Savan- days ago, we voted to eliminate that the war, he served at the Department nah, Georgia. The following day, Gen- tax and to refund the money that had of Defense as a lawyer, later becoming eral Sherman issued Special Field been paid by these profitable corpora- general counsel for the U.S. Informa- Order Number 15 which set aside the tions since 1986, what is estimated to tion Agency in 1955. Sea Islands off the Georgia coast and a be approximately $24 billion that would Senator DuVal got his political start 30-mile tract of land along the south- be given back, with no strings at- standing up against the controversial ern coast of South Carolina for the ex- tached. We are doing that at the same land use dispute over the Merrywood clusive settlement of black families. time we are putting burdens on the estate in McLean, Virginia. Citing ille- This land, along with other confiscated backs of our veterans. gal zoning practices, Senator DuVal and abandoned land, fell under the ju- What we have done, basically, is to helped persuade the U.S. Interior De- risdiction of the Freedmen’s Bureau, a require veterans to pay more for their partment to join the effort, and it led government entity created to assist health care at the same time we are to the successful prevention of high- former slaves. Each family was to re- giving huge tax breaks and tax give- rise developments along the Potomac ceive 40 acres of land and an Army backs to profitable corporations. It is River. mule to work the land, thus the origin unacceptable. These concerns for the environment of ‘‘40 acres and a mule.’’ Madam Speaker, I have introduced continued throughout Senator DuVal’s The Freedmen’s Bureau lent a help- H.R. 2820, a bill that would simply re- legislative career. Known as a stalwart ing hand to former slaves in their new- turn the copay to $2, at a level it has defender of the little guy, Senator found freedom by assisting them in been for quite some time, and it would DuVal rose to become the head of the taking advantage of the government’s freeze it at the $2 level for the next 5 Northern Virginia delegation. He even- promise of land and a chance at pros- years. It seems to me that this is the tually assumed the chairmanship of perity. Unfortunately, the government least we can do for these men and the Democratic Caucus and success- never lived up to its promise of 40 acres women who have served our country. fully used that position in fighting for and a mule. During the fall of 1865, Now, I believe this is something that progressive priorities. During all the President Andrew Johnson issued spe- this House will be willing to do, and I budget agreements, as they would be cial pardons which returned the con- am calling upon my colleagues of both worked out behind closed doors, we fiscated property of many ex-Confed- political parties to sign on to this leg- knew he was there fighting for the erates. The Freedmen’s Bureau was islation. Thus far, I have acquired right priorities. stripped of most of its power, and much about 70 cosponsors, Republicans and Senator DuVal left an indelible mark of the land that had been leased to Democrats alike. on everyone with whom he served. His black farmers was taken and returned I would like to point out that the co- courageous stands on civil rights and to the Confederates. introducer of this legislation with me on women’s rights made a great dif- Nevertheless, despite the absence of is a Republican, the gentleman from ference in Virginia’s social progress. He government assistance, many African- Ohio (Mr. NEY). The gentleman from was always admired by his colleagues Americans on their own managed to Ohio and I are hopeful that all of our for his velvet glove approach to the purchase land. Despite the failure of colleagues in this House will join us in toughest of legislative battles, a good our Federal Government to make good the effort to reduce this burden upon personal friend and an inspiration to so on a promise of assistance and despite our veterans, and we will be grateful if many of us looking for examples of suc- open hostility and racial discrimina- they do, and I am sure the veterans in cessful progressive leadership in Vir- tion, between the end of the Civil War this country will be grateful as well. ginia. Madam Speaker, I stand today in sa- and 1910, African American families in f lute of Senator DuVal’s life’s work. He the South amassed a land base of over The SPEAKER pro tempore. Under a was a role model for us all and a great 15 million acres. previous order of the House, the gen- American, and we will miss him dearly. tleman from New Jersey (Mr. PALLONE) b 1730 is recognized for 5 minutes. f (Mr. PALLONE addressed the House. LAND LOSS SUFFERED BY This was by no means an easily ac- His remarks will appear hereafter in AFRICAN AMERICANS complished feat. Many sacrifices were the Extensions of Remarks.) The SPEAKER pro tempore. Under a made, and much hard work went into f previous order of the House, the gen- the efforts of African Americans to ful- tleman from Maryland (Mr. CUMMINGS) fill the American dream and own their IN MEMORY OF STATE SENATOR is recognized for 5 minutes. own land. By 1920, there were 925,000 CLIVE L. DUVAL II Mr. CUMMINGS. I am pleased to African American farmers. In 1999, the The SPEAKER pro tempore. Under a come to the House floor to speak in figures had dropped to less than 17,000 previous order of the House, the gen- honor of Black history month. In 1926, African American farmers with less tleman from Virginia (Mr. MORAN) is Carter G. Woodson started Black his- than 3 million acres of land. recognized for 5 minutes. tory week to bring national attention Fast forward to the year 2002, and Mr. MORAN of Virginia. Madam to the contributions of Black people to many of us in the African American Speaker, I rise today to recognize the this nation. Since 1976, Americans an- community look back on a promise accomplishments of one of Virginia’s nually recognize February as Black made to us in 1865 that was never real- finest and most respected public fig- history month. This year’s theme, ized. We have to acknowledge the fact ures. Clive L. DuVal II passed away on ‘‘[t]he Color Line Revisited, Is Racism that not only did the government fail Monday, February 25. But his legacy of Dead?’’, reminds us as a nation to ex- black farmers and landowners in 1865, leadership on the environment, on con- amine our haunted past, while afford- it seems that the government has sumer rights, on civil rights, and good ing us an opportunity to appreciate played and active role in depriving Af- government will leave a lasting im- how African-Americans have been in- rican Americans of property acquired pression on the Commonwealth of Vir- strumental in shaping the spirit of our through their own hard work and sac- ginia for decades to come. nation, despite the barriers imposed by rifices. In some cases, the government Born in New York City, Senator racism. As I take this opportunity to approved taking lands from African DuVal came to embody the definition recognize the triumphs of African- Americans; in others, it actually par- of a Virginia gentleman, serving in the Americans, I would be remiss if I did ticipated.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.119 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H613 How many cases have we heard where I stand here today to urge the Presi- what will be done for African Ameri- African Americans, through intimida- dent to take decisive action against cans in terms of reparations. tion, trickery, fraud, and outright vio- the cheap imports that are destroying Right now, inner-city schools, which lence, have been driven from their land the U.S. steel industry. This is an in- are overwhelmingly populated by Afri- or lost family homesteads? In spite of dustry that has been a cornerstone of can American children, are failing bitter struggles to hold onto their land, our economy and national security standardized tests at disproportionate many African Americans have lost land over the last 100 years. rates. Right now, African American involuntarily and have received no The ITC found unanimously that families lack access to quality health remedy to correct these injustices. American steel companies and thou- care at disproportionate rates. Right We as a people recognize land owner- sands of workers and their commu- now, in the slowing economy, African ship is an integral source of power. nities have been seriously injured by Americans are losing their jobs at dou- Cases of government-condoned land- these imports. I say and know first- ble the rate of white Americans. Right taking are viewed by the black commu- hand that they have been devastated. now, African Americans are victims of nity as a campaign to deprive African The ball is now in the President’s predatory lending by unscrupulous Americans of our ownership rights as hands. He must decide what measures companies that are stripping our com- American citizens. For African Ameri- his administration will take to correct munity of her wealth. Right now, the cans who have struggled to overcome the wrong that has been caused by low- American people have a duty to their the legacy of slavery, the loss of lands priced imports. fellow countrymen and women to not is particularly devastating. Land own- I urge the President in the strongest only apologize for the inhumane acts, ership is viewed as a source of eco- possible terms to impose strong and ef- but also to supplement it with eco- nomic security and prosperity. Since fective tariff-based relief. The Presi- nomic justice. the mid-1800s when black Americans dent must impose a tariff of at least 40 With all of our efforts, I am sure that were first promised the opportunity to percent against all foreign low-priced we will continue to celebrate freedom own land, we have sought to gain eco- steel imports. I urge the President to and justice for all for many, many nomic freedom, prosperity, and respect impose such a tariff for a period of at years to come. through our land and pass that legacy least 4 years, as the law allows. In closing, racism is not dead; but we on to future generations. I also urge the President not to waiv- are one Nation, under God, indivisible, In spite of the fact that our govern- er from his commitment to the Amer- with liberty and justice for all. I am ment has failed us and reneged on a ican steel industry and its workers be- proud to be an American, and I am promise of yesterday, we have shown cause strong tariff-based relief is the more proud that I am an African Amer- that we have the drive and the deter- only remedy that can realistically as- ican. I salute those African Americans mination to overcome adversity in our sist this industry in our United States. who believed in the fight for justice, quest to share the prosperity to which Secondly, I rise in support of the believed in their dreams for equality, we are entitled. Congressional Black Caucus Black His- and paved a path for a brighter tomor- This does not mean, however, that we tory Month Special Order. Our theme row. will accept the discrimination prac- tonight is ‘‘The Color Line Revisited: We must stand up and continue to tices and government-sanctioned Is racism dead?’’ We have come to- fight to be assured that racism does schemes that served to rob African gether to salute the great history of die. But right now, it is not dead. American landowners of property that African Americans in America. I would f they have literally in some cases shed like to address that African American blood, sweat, and tears to attain and history and its origins and what it CONTINUATION OF EMERGENCY maintain. means to our great Nation today. WITH RESPECT TO THE GOVERN- As policymakers, we have an obliga- Let us take a moment to reflect on a MENT OF CUBA’S DESTRUCTION tion to respond to the critical issue of time in our history when African OF TWO UNARMED U.S.-REG- land loss in the African American com- Americans were so dehumanized and ISTERED CIVILIAN AIRCRAFT— munity. The link that has been estab- their history so distorted that slavery, MESSAGE FROM THE PRESIDENT lished between land ownership, commu- segregation, and lynching were not OF THE UNITED STATES (H. DOC. nity, and democratic participation NO. 107–182) makes it critical that we are com- punishable by law. It was a time when mitted in our efforts to help black people were being mistreated because The SPEAKER pro tempore laid be- landowners hold onto their land. We of the color of their skin, and as a re- fore the House the following message must preserve a legacy that is worthy sult, many people began to stand from the President of the United of passing on to future generations. against these terrible acts. States; which was read and, together This stand against injustice by many with the accompanying papers, without f eventually brought about a massive objection, referred to the Committee IN SUPPORT OF AMERICA’S DO- change that divided our Nation and on International Relations and ordered MESTIC STEEL INDUSTRY AND sparked the Civil War. After the war, to be printed: THE CONGRESSIONAL BLACK America stood true to its union as one To the Congress of the United States: CAUCUS PROGRAM ON BLACK Nation, under God. The spirit of Afri- Section 202(d) of the National Emer- HISTORY MONTH can Americans was strong and unwav- gencies Act (50 U.S.C. 1622(d)) provides The SPEAKER pro tempore (Mrs. ering during such difficult times, which for the automatic termination of a na- BIGGERT). Under a previous order of the makes the history of African Ameri- tional emergency unless, prior to the House, the gentlewoman from Ohio cans so great. anniversary date of its declaration, the (Mrs. JONES) is recognized for 5 min- It is important to reflect upon this President publishes in the Federal Reg- utes. time in our history so that what hap- ister and transmits to the Congress a Mrs. JONES of Ohio. Madam Speak- pened to innocent people never happens notice stating that the emergency is to er, I am going to split my remarks be- again. It is largely for these reasons continue in effect beyond the anniver- tween two areas that will be addressed that I am working to make a difference sary date. In accordance with this pro- in the House later this evening. in the life of every American. I believe vision, I have sent the enclosed notice First of all, I rise in support of our that we must pick up where African to the Federal Register for publication, domestic steel industry. Thousands of American heroes left off. We must not which states that the emergency de- American steel workers have lost their only know our history but honor it, so clared with respect to the Government jobs due to massive levels of low-priced that slavery, segregation, and inhu- of Cuba’s destruction of two unarmed steel imports. In my own district, the mane acts never happen again. U.S.-registered civilian aircraft in 11th district of Ohio, 3,200 LTV steel- We must be united for access to qual- international airspace north of Cuba on workers may lose their jobs while ity public schools for our Nation’s February 24, 1996, is to continue in ef- 22,000 steelworkers and vendors in the youth, we must be united for access to fect beyond March 1, 2002. region have been affected as a result of affordable health care, and we must GEORGE W. BUSH. these imports. not rest until our Nation unites and THE WHITE HOUSE, February 26, 2002.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.123 pfrm04 PsN: H27PT1 H614 CONGRESSIONAL RECORD — HOUSE February 27, 2002 THE COLOR LINE REVISITED: IS Disparities in sentencing and in in- 100 years, including the end of Jim RACISM DEAD? carceration have grown. African Amer- Crow and legalized segregation, the The SPEAKER pro tempore. Under ican men comprise 50 percent of the color line is still evident and is still the Speaker’s announced policy of Jan- U.S. prison population, despite rep- costly to African Americans and really uary 3, 2001, the gentlewoman from resenting just 6 percent of the U.S. to the entire Nation. Texas (Ms. EDDIE BERNICE JOHNSON) is population. Some feel that because legal segrega- recognized for 60 minutes as the des- Reparations were refused to the sur- tion was ended and that the Civil ignee of the minority leader. vivors of the 1921 race riots in Tulsa, Rights Act was passed and affirmative Ms. EDDIE BERNICE JOHNSON of Oklahoma. The legislature refused this action exists in some States, some be- Texas. Madam Speaker, it is my honor remedy, even though whites destroyed lieve that racism has ended. But I ask to begin the Congressional Black Cau- an African American community, kill- you tonight to consider the unfortu- cus 2002 Black History Month Special ing 300 residents and destroying busi- nate new manifestations of racism as Order. The theme of this year’s na- nesses and homes. they exist in the year 2002 when we ask tional African American History But they are just a few examples, the question, is racism dead? Month is ‘‘The Color Line Revisited: Is just a few. There are so many more. There are more than 44 million peo- racism dead?’’ Moreover, when we witness the fights ple in this country without health in- More than 100 years ago, in 1900, the against affirmative action as a tool surance. Nearly 20 percent of African great scholar, W.E.B. DuBois, ad- against African Americans achieving Americans have no health insurance. dressed a pan-African conference in equality in employment and education, Thirty percent of children living in London where he said, ‘‘The problem of we can only conclude that much more poverty are African American. That is the 20th century is the problem of the must be done to bury racism. about 3.5 million children. color line.’’ It is now the 21st century When we review even now that land Forty percent of black men in urban and a major problem for this Nation is has been taken from African Ameri- areas do not graduate from high still the color line, but I believe that cans, that they have had to pay more school. the color line is shifting, and shifting for life insurance policies, we know There are more young African Amer- toward a better future. that racism is not dead. ican men under the control of the Certainly as a nation we could not But in my closing, the words of Dr. criminal justice system than enrolled have watched Vonetta Flowers become Martin Luther King, Jr., speaking in in higher education. the first African American woman ever Nashville, Tennessee, on December 27, The unemployment rate for blacks is to win a gold medal in the Winter 1962, are appropriate: ‘‘The problem of 12.2 percent compared with 5.5 percent Olympics, ironically during Black His- race and color prejudice remains Amer- for white. tory Month, without acknowledging ica’s greatest moral dilemma. How we Homicide is the leading cause of that the color line is shifting. deal with this crucial situation will de- deaths for black males between 15 and Certainly when we look at the termine our moral health as individ- 24, and suicide is the third leading progress among black-elected officials, uals, our political health as a Nation, cause of death among young black we know the color line is shifting. In and our prestige as a leader of the free males. 1964, there were just three African world. The hour is late, the clock of Black men in inner-city neighbor- Americans in Congress and 300 black- destiny is ticking out. We must act hoods are less likely to reach the age of elected officials nationally. Today, now before it is too late.’’ 65 than men in Bangladesh, one of the those numbers have swelled to 9,000 I know the Speaker joins me in rec- poorest countries in the world. black-elected officials nationwide and ognizing the tremendous achievements Since December of 2000, over 130,000 39 Members in Congress, 38 being mem- AIDS cases were reported among bers of the Congressional Black Cau- that African Americans are making to this Nation. When I get on an elevator women in the United States. Almost cus. two-thirds of all women with AIDS are Yes, the color line is shifting; but the to come up each day, I know that it African Americans. And young girls problem is still here. In our lifetime, in was an African American who invented make up about 58 percent of new AIDS my lifetime, I have seen Nazism fall, the elevator. Even turning on a light or cases among teens in the United Communism fall, Fascism fall, but why stopping at a street light, we know States. not racism? In our lifetime, we must that we have been part of it. Standing Blacks are 10 times more likely to be cling to the belief that we as a united in this building, we know that African diagnosed with AIDS than whites and people will celebrate the death of rac- Americans as slave workers built this 10 times more likely to die from this ism. great Capitol of the Nation. American-styled racism, loosely de- Madam Speaker, I yield to the gen- disease. fined, is the belief that one race is su- tlewoman from California (Ms. LEE) to African Americans in this country perior to another. Upon this principle, moderate the rest of the Special Order. were emancipated from slavery and given no compensation for their forced slavery, Jim Crowism, lynching, eco- b 1745 nomic exploitation, and many other labor nor for that of their ancestors. forms of oppression were engraved in Ms. LEE. Madam Speaker, I would Following this, legalized and institu- law and tradition. like to thank the chair of the Congres- tional segregation marginalized Afri- Can we now say racism is dead when sional Black Caucus, the gentlewoman can Americans to separate and unequal 51 percent of African American chil- from Texas (Ms. EDDIE BERNICE JOHN- education, health services and protec- dren are living in poverty, while the SON), for her leadership on issues af- tions under the law. civil rights movement fought for the fecting African Americans, all minori- This was the inequality that Dr. right to vote in the sixties; and now in ties in this country, in fact, the entire DuBois was speaking of in 1903, but the new millennium we must fight to country, for everyone and for bringing these inequalities continued to exist ensure that votes are counted, particu- us together here tonight. and define the state of affairs for much larly in black areas? As she reminded us so eloquently, in of black America. For example, one in 11 ballots in the 1903 W.E.B. DuBois wrote The Souls of Is racism dead? I do not think so. Af- predominantly black voting precincts Black Folks and stated that, ‘‘the rican Americans are still dealing with in Florida were tossed out, according problem of the 20th century is the this terrible legacy of slavery, racism, to a New York Times analysis of the problem of the color line.’’ social and political and economic Sunshine State’s black vote. Now here in the 21st century, nearly marginalization. Racial profiling is alive. About 73 100 years after the publishing of his Until we erase the health disparities, percent of motorists stopped and groundbreaking work, we really do face education disparities, unequal eco- searched on a major New Jersey high- many of the same problems, and they nomic opportunities, and ensure that way in 1999 were African Americans, are further complicated by an eco- there are equal protections under the even though African Americans made nomic divide. law, including making sure, may I say, up less than 18 percent of the traffic While African Americans have made that the votes of African Americans violators. great strides in many areas in the last are as likely to be counted as whites in

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.125 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H615 our elections, we have to acknowledge, reflect upon the legacy of African Rights. We would not need the Fair we have to be clear about this, that the Americans and the state of race rela- Housing Act. We would not need the color line does exist and that there is tions in America. To some people, race Community Reinvestment Act. We much to do in terms of seeking liberty relations is a term that they feel a lit- would not need countless other Federal and justice for African Americans. tle bit shy to talk about or to think and State offices whose job is to mon- So the question now should be, what about. But we must still remember itor and enforce equal treatment. does this Congress and this administra- that race is a great divider in our great These are just some of today’s chal- tion have the will to do about this? We country, and we must talk about it. lenges for African Americans and for all have a duty, a responsibility to We have much to celebrate in the America and for this Congress. fight for equality and justice. achievements of African Americans We need to continue to help America As Dr. W.E.B. DuBois reminded us so and the great strides this country has understand these challenges and strug- eloquently 100 years ago, he said, ‘‘By made towards equality. Just recently, gles shall serve as incentives for a new every civilized and peaceful method we we saw Vonetta Flowers make history program of action. We must work very must strive for the rights that the by becoming the first African Amer- hard to eradicate the institutional rac- world accords to men and women ican ever to win a gold medal in the ism that exists in many of America’s clinging unwaiveringly to those great winter Olympics. institutions, America schools, Amer- words which the sons of the fathers We have had many, many firsts, but ica’s churches. All institutions in would feign forget, ’We hold those our many firsts should have been firsts America frequently have racism. truths to be self-evident, that all men many, many years ago. The fact that I Let us work hard to fund educational are created equal, that they are en- am able to serve as a Member of Con- reform at a level that will impact the dowed by their creator with certain gress along with 38 other African schools that need it most. Let us work unalienable rights, that among these Americans is a clear indication of how hard to make health care available and are life, liberty and the pursuit of hap- far we have come. In the State of Flor- affordable for African Americans and piness.’’’ ida it took three of us 129 years to for all Americans. Let us speak out and Again, I want to thank the gentle- come to this Congress. My question is, demand justice in the face of unjusti- woman from Texas (Ms. EDDIE BERNICE was racism alive? Would we have been fied use of force by police in our com- JOHNSON) for bringing us together to- here 129 years earlier? munities. night. As we celebrate Black History America has changed much since I Our goal, as it was for the civil rights Month, as it comes to a close, let us was a child growing up in Tallahassee, movement in the 1960s, should be an celebrate our achievements but remain Florida, which at one time was really end to inequality in America. As we vigilant on the issues that affect the the seat of racism in the South. We no celebrate black history during this spe- millions of African Americans in this longer accept legal discrimination. We cial month of February, let us realize country. no longer allow poll taxes to bar Afri- that black history is American history. Ms. EDDIE BERNICE JOHNSON of can Americans from voting. We no Let us commend ourselves as Ameri- Texas. Madam Speaker, I would like to longer accept separate but equal cans, as African Americans to work yield back my time and request that schools or water fountains. We are no ceaselessly to end the persistent in- time be yielded to the gentlewoman longer forced to sit in the back of bus. equalities in our Nation and improve from California (Ms. LEE). But we do often sit in the back of the the quality of life for all Americans, f bus many times, maybe not in a real the challenge to keep what we have IS RACISM ALIVE bus but in the bus that is America, and a god to glorify. The SPEAKER pro tempore (Mrs. many times we sit in the back seat. We Ms. LEE. Madam Speaker, I want to BIGGERT). Under the Speaker’s an- are not happy about it. We fight every thank the gentlewoman from Florida nounced policy of January 3, 2001, the day to be sure that the people we rep- (Mrs. MEEK) for that very eloquent gentlewoman from California (Ms. LEE) resent and those who are not here in statement and also for actually work- is recognized for the remainder of the the halls of Congress as we are to say ing every day of your life to make the minority leadership hour. we must fight anything that stands in American dream real for all. Ms. LEE. Madam Speaker, I would our way to keep us from equality. I would like to now recognize my col- like to recognize the gentlewoman We are very proud, but there is much league, the gentlewoman from Georgia from Florida (Mrs. MEEK), a great Afri- work to be done. We have come a very (Ms. MCKINNEY), a fighter for justice can American shero. long way since the slave ships arrived and human rights both here at home Mrs. MEEK of Florida. Madam on these shores. However, there is still and abroad. Speaker, I thank my colleague. a lot to be done. Ms. MCKINNEY. Madam Speaker, I Madam Speaker, I am very pleased to This theme makes us ask the dif- just want to state publicly for the stand here today to celebrate black ficult question, is racism really dead? record that you are a tremendous history, American history. The theme This is an important question that has woman, a woman of courage and a of this month or week and this special the capacity to make us feel a little woman I admire. order is The Color Line Revisited: Is uncomfortable. We would rather not ‘‘The black man has no rights which Racism Dead? have to answer this question. the white man is bound to respect.’’ Madam Speaker, I want to thank my However, is racism dead when the That is what the Supreme Court wrote colleagues, the gentlewoman from black unemployment rate remains in black and white in 1857. In the presi- Texas (Ms. EDDIE BERNICE JOHNSON), twice that of whites? Is racism dead dential election year 2000, when the Su- and I also want to thank the Congres- when a young married couple is denied preme Court selected George Bush as sional Black Caucus for organizing to- financing on the house of their dreams our President and failed to order that day’s black history special order. simply because of their skin color? Is a the votes of black voters be counted, Certainly the history of the people of racism dead when a young black man is did the Supreme Court resurrect the African descent is interwoven with the stopped for no apparent reason except ghost of Judge Tanksley who wrote history of America. Since the first Af- for driving while black? Is racism dead those words? ‘‘The black man has no ricans arrived on what is now Amer- when in my congressional district one rights which the white man is bound to ican soil in 1619, black Americans have out of six African Americans lack ac- respect.’’ played a pivotal role on behalf of the cess to health insurance? Is racism Certainly in Florida black voters had development of this great Nation. I rise dead when most young men who are no rights that Jeb Bush and Katherine to speak on behalf of this year’s Black fleeing from the police are shot in the Harris felt bound to respect. They con- History Month as designated by the As- back and it does not happen with any spired with their leader, presidential sociation of the Study of African other color? When police use unjusti- candidate and Texas Governor George American Life in History. For me, fied force against people of color, is W. Bush to create a list, a so-called fel- every month is Black History Month. racism dead? ons’ list in order to target black people The Color Line Revisited: Is Racism If racism were truly dead, we would and keep them from voting. They came Dead? This poignant theme forces us to not need a Federal Office of Civil up with a list of 57,700 names from

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.126 pfrm04 PsN: H27PT1 H616 CONGRESSIONAL RECORD — HOUSE February 27, 2002 Florida and Texas as well as Ohio and saw how well she represents her dis- black history because he uncovered it New Jersey. trict. for the first time. Now, I do not think it is legal for I also want to thank our caucus I mentioned the Frederick Douglass Florida to deny Ohioans the right to chair, the gentlewoman from Texas home. This is the city where Frederick vote. And we have our esteemed law- (Ms. EDDIE BERNICE JOHNSON), for her Douglass did most of his work. He was yers here, the gentlewoman from the work in gathering us once again, as we the Recorder of Deeds in this city. It District of Columbia (Ms. NORTON) and do every year, to speak about African was from this city that he went to be the gentleman from Michigan (Mr. Americans during Black History ambassador to Haiti. It was in this city CONYERS) who can perhaps tell us about Month. that he walked the halls of Congress. the legality of Florida disenfranchising The theme chosen is well chosen, I To its credit, the Congress has ap- people who supposedly were from Ohio must say: Is racism dead? I have to proved a Presidential commission for and New Jersey. confess that for me the short answer is an African American museum on the no. It is kind of a truism. I feel that I Mall, thanks to a bill whose chief spon- b 1800 should not have to put forward the evi- sors were the gentleman from Georgia At any rate, for example, you have a dence, if you happen to live in this (Mr. LEWIS) and the gentleman from voter by the name of Johnny Jackson, country of whatever background; but I North Carolina (Mr. WATT). This Presi- Jr., who is a black man from Texas, do believe that my colleagues have dential commission brings us for the but in Jeb Bush’s Florida, Johnny more than demonstrated that propo- first time close to the idea that African Jackson, Jr., becomes a convicted felon sition and that, by now, for those of us Americans ought to be commemorated by the name of John Fitzgerald Jack- who want to open their minds, it is a in this city. son. Now, Katheryn Harris maintained self-evident matter. This is the city where, of course, that Johnny Jackson, Jr., is the same I thought that I would devote my few Howard University is found, the flag- person as John Fitzgerald Jackson. So minutes, knowing that others would ship university of black America, when John Fitzgerald Jackson in Flor- speak eloquently to answer the ques- founded in 1867 as the first university ida goes to vote, Katheryn Harris, Sec- tion of the day, that I would devote my that was open to blacks. It was open retary of State, and all those people 2 minutes to speaking about racial also to people of every race and color. say, ‘‘Sorry, you cannot vote because pride and the pride that our country Sterling Brown, the distinguished poet you committed a felony in Texas. And should take in black heritage in this who taught at Howard, has said that in Texas your name was Johnny Jack- city. I feel constrained to do so because after the Civil War the most distin- son, Jr.’’ Well, we know that that was many people know that this is a great guished and brilliant assemblage of ne- not the case. monumental city, but I would bet that groes in the world, to quote him, came And in case after case after case, many do not know that this is a great to this city. And that was in no small black people were denied the right to hub of African American history. part because of Howard University. vote. The black man has no rights I do not think I should let the Con- Howard University and the assemblage which the white man is bound to re- gress come here every year, sail of so many black intellectuals made spect. It happened with names from through here without understanding this a center for civil rights ferment Ohio, where blacks in Florida were tar- the kind of black heritage that this and for the study and appreciation of geted as whites in Ohio; and it hap- city represents. The reason, of course, African American history. pened even in New Jersey, with Latinos is that when this city was formed out On U Street now we have 209,145 who ended up on the list as convicted of Maryland and Virginia, half of the United States Colored Troops who felons, even though they had not com- blacks in the United States lived in served in the Civil War commemorated mitted any crime at all except to be a those two States. So from the begin- in the first Civil War monument to the minority and a probable Democratic ning it had a large African American black troops who served their country voter in a State that George W. Bush population. A quarter of the population in the Civil War. The descendants of needed to get elected as President. was African American. Interestingly, it these troops can trace their lineage Sadly, 90 percent of the names on the did not become a majority African through a registry located there. 57,700 list of convicted felons were American city, it is now 60 percent There is a 12th Street Y that was wrong. Sixty percent of those who were black, until the 1950s. built by one of the Nation’s first Afri- purged were black. Ninety-three per- This city is always a major tourist can American architects, and the son- cent of the people who were targeted destination site. Increasingly, it is be- in-law of Booker T. Washington. It was voted Democratic. coming a black heritage destination built by African American artisans in Now, the subject of tonight’s Special site as well; and I would like to devote 1912, known not only as a historic Order is: Is racism dead? Mr. Speaker, my few minutes to saying why. At a structure but known for the many no- I will leave that up to you. time when we want people to come to table young men who passed through Ms. LEE. Well, I want to thank the their capital city as an act of patriot- that Y: Dr. Charles Drew, the man who gentlewoman from Georgia for speak- ism, I want to say that I want them discovered blood plasma; former ing the truth and for reminding us of also to come to learn more about their Georgetown University Coach John another chapter of American history country. And this is a great city to Thompson. The writer Langston and black history. I thank her very learn more about our country because Hughes, to name a few. much. so much black history was made in this There is a home near McPherson I would like now to yield to my col- country. Square of Mary McLeod Bethune, the league, the gentlewoman from the Dis- Indeed, as I speak, the Congress has woman who managed to advise four trict of Columbia (Ms. NORTON), who is allowed the home of Carter G. Woodson Presidents before blacks got their a champion for civil rights not only here, the father of black history, to be- rights anywhere in the United States. here in the District of Columbia but come a historic site. We are about to There is the Sumner school. This was throughout our country. She is a cham- get a bill I will soon be introducing in the first public school for African pion and defender of our Constitution, April that will take the home on 9th Americans in the country. It later be- and one of these days there will be vot- Street so that it is converted into the came the old M Street High School and ing rights for all residents of the Dis- kind of home that Mt. Vernon is and the forerunner of Dunbar High School, trict of Columbia thanks to her and her that Frederick Douglass’s home is. And the famous African American high constituents. we ought to do that because we are school here where I was privileged to Ms. NORTON. I thank the gentle- here talking about black history and attend. woman for those kind remarks and for this is the man that started black his- The tourist season is starting. Many reminding this body of that out- tory, started the Association for the of us who live here, who work here, are standing debt in democracy owed to Study of Negro Life and History, who unaware that this is one of the great the 600,000 people I represent. I was was the second black after W.E.B. cities for black heritage. It is a great pleased to be in the gentlewoman’s dis- DuBois to get a PhD from Harvard, the American story here in the lives of trict during the most recent recess and man to whom we owe the very idea of black people. Much that is history in

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.128 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H617 this city other than its Federal build- Air Force to go over this incredibly those that argue that we should relax ings is in fact black history. The build- valiant record. He had reenlisted sev- racial profiling because Arab Ameri- ing where we now stand, the Capitol of eral times, and on his last mission his cans should be subject to different cri- the United States of America, was plane was shot down and he was killed. teria than other people, while law en- built with the help of slave labor and b 1815 forcement has repeatedly stated that the labor of free blacks. racial profiling is a poor police tech- As we commemorate Black History Mr. Speaker, it was quite enlight- nique. Month and learn more about our his- ening because there were very few peo- Mr. Speaker, we have a health sys- tory, as we seek to answer the question ple of color at the school. I was at a tem in which the discrepancy of health is racism dead, we ought also to seek school, it is the first K–12 school I will statistics between people of color and to appreciate what African Americans ever recall being in in the North. Here not of color are widely known, and the have done for our country. One way to it was in Traverse City. It was a very Congressional Black Caucus is working do so is to see the marvels of African nice school, 300 young people, but still very hard on that. American history laid out in the great it went from K–12, which is quite a Our unemployment statistics are Nation’s capitol. stretch in these days. double everybody else’s, have been and Ms. LEE. Mr. Speaker, I want to In addition, I will be joining the gen- still are. thank the gentlewoman from the Dis- tlewoman from California (Ms. LEE) to- I cannot help but raise the question: trict of Columbia for that very wonder- morrow in terms of a meeting that we How long are we going to tolerate Afri- ful and thorough history lesson, and I will be having concerning Three can American slums and ghettoes in thank her also for representing us, all Strikes and You’re Out. I am looking the major cities of America? They who live here sometime during the forward to that because it is very, very could have been wiped out in one fell week, for being our representative. important. swoop generations ago, and yet they Mr. Speaker, I would like now to I will be at the Wolverine Bar Asso- are allowed to persist with Band-Aid yield to the gentleman from Michigan ciation of Michigan’s Annual Bar- programs. (Mr. CONYERS), the ranking Democrat risters’ Ball this Saturday evening, a The AIDS crisis is a question of color on the Committee on the Judiciary, huge event, but it marks something because many people of color have no our great leader, and one who makes more than just a wonderful social way of getting any assistance whatso- history each and every day here in this event. It marks the time not too far ever, or the prevention techniques are House of Representatives. distant when African American law- not made available. Mr. CONYERS. Mr. Speaker, I thank yers could not practice law in the larg- Haiti is a question, and I always am the gentlewoman from California and er firms in Detroit. intrigued by Americans who say, why commend her for this very important Wade McCree, Jr., who became a are you so interested in Haiti? Haiti is event in which we recollect our county judge, a Federal judge and ap- the place where African slaves were thoughts and thinking on the most sen- peals judge, was President Jimmy transported, the indigenous people sitive question in our society, the ques- Carter’s Solicitor General and was were eliminated, and this is the closest tion of race. surely scheduled to go on the Supreme black country on the Western Hemi- I am delighted to engage in a little Court, went into workmen’s compensa- sphere, the only black country in the recollection of things that have been tion as a referee, although he was Har- Western Hemisphere and is the nearest going on in my life recently. I was at vard trained with all honors, because you can get to Africa without leaving the University of Michigan for a black no law firm would accept him at that the Western Hemisphere. history program in Ann Arbor, Michi- time. We have the problem of the dispari- gan, a month ago; and I must say I was Our former colleague from Michigan, ties in the treatment by our own State astounded by the department size, the Congressman George Crockett, he, with Department of the 48 States that com- fact that they had professors, they had Attorney Bill Goodman and others, promise the continent of Africa, and fellows who were coming from all over they formed a firm called Goodman, that is even though we have an African the world. There was a young fellow Eden, Crockett, Robb, Philo & American Secretary of State. We are that had just come from South Africa Millender, which was the first inte- struggling just as we always have. that day, who made the mistake of not grated firm in Detroit. This was in the Affirmative action has been under bringing an overcoat to Michigan in 1940s. We are past that. We have broken constant legal threats, and I am not January. It was a great program. And into that. Our former mayor, Dennis proud to say that in the Eastern Dis- there was a genuine interest dem- Archer, is president-elect of the Amer- trict of Michigan we had a decision onstrated by the university that I had ican Bar Association. A doctor and that came out so badly that it is al- not known about before. A talented former health department head of most unbelievable, and it is going to professor, teacher, a member of my Washington, D.C., is now a vice presi- make its way up to the courts. congressional district in Detroit, heads dent of the American Medical Associa- These are some of the concerns that up this department at U of M, and she tion. I have. goes from Detroit to Ann Arbor 5 days So we have started making these I will be in Philadelphia celebrating a week and loves her work. There was kinds of movements, but it is impor- Black History Month. I want to read a real enthusiasm there. tant for us to understand that, even as other Members’ remarks. I think they And then 2 weeks ago I was ap- we do, so we will be meeting tomorrow, would make a very interesting paper, proached by the gentleman from Michi- a meeting that I invite everyone to, document or book, and I would volun- gan (Mr. HOEKSTRA) to join him in a where we will be dealing with the sub- teer to work with the gentlewoman on program in Traverse City in which ject of people of African descent in that kind of activity. I congratulate all they were celebrating the life of a sol- Latin America who have been largely of my colleagues who have chosen to dier who had to pass for white in World ignored, notwithstanding there are 150 participate this evening. War II to get into the Air Force, be- million of them, and they are moving Ms. LEE. Mr. Speaker, I thank the cause it was before they created forward in a very important way. gentleman. Listening to the gentleman Tuskegee Institute, which Mayor Cole- So this kind of refreshes our minds as from Michigan is like listening to a man Young, our first African American to where we are, what the struggles history book. The gentleman reminds Mayor in the city of Detroit, went to are. Reparations is still more than a us how far we have come and how far this school. But this was before him. dozen years old in the Congress, but it we have to go. And so he had passed away. We gave is many, many more years old, and we Mr. Speaker, I yield to the gentle- his family nine or 10 medals, from the are still struggling to get a fair hearing woman from Texas (Ms. JACKSON-LEE), Purple Heart, up and down, that had here. a great woman who fights every day on been denied him. And thanks to my The criminal justice system speaks behalf of her constituents. colleague, the gentleman from Michi- for itself. Racial profiling, even though Ms. JACKSON-LEE of Texas. Mr. gan (Mr. HOEKSTRA), and myself, we outlawed, is still practiced widely; and Speaker, I thank the gentlewoman were able to get the Department of the with the terrorist activity, there are from California for participating in

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.130 pfrm04 PsN: H27PT1 H618 CONGRESSIONAL RECORD — HOUSE February 27, 2002 leading us in this effort, along with the the country. When I first came to Con- honored to carry their legacy of justice, free- gentlewoman from Texas (Ms. EDDIE gress, I traveled around the country to dom and equality into future generations. BERNICE JOHNSON), the chairperson of visit with various States about the ju- The question often arises in contemporary the Congressional Black Caucus, par- venile justice system. That was at the society, ‘‘Is racism still alive?’’ After all, as ticularly allowing for us to focus on re- end of the time or maybe at the begin- many would point out, African Americans and visiting The Color Line: Is Racism Still ning of the time when our mind-set was other minorities in this country have achieved Alive? to lock up juveniles and throw away greatness despite centuries of slavery, dec- In listening to my colleagues, each the key. It was interesting when we ades of discrimination, and an attitude of ha- have offered a different perspective; looked at those percentages, the high tred that continues to permeate our society. and I might, in the moments that I percentage of incarcerated juveniles The number of African American elected of- have, and I would like to be able to were African American young people ficials has increased by 3,000 percent since come back to the floor tomorrow to and in large part African American 1963, the year of the historic March on Wash- elaborate on the system of justice that males. ington. Black college graduates have in- concerns me greatly. In Harris County, Texas, we find a creased by 400 percent, and African American It is important to note that we have large percentage of those in courts who consumer power is equal to that of more than made progress, and I do believe that all do not go home. When the judge gets to 200 countries, including Australia, Belgium of us who have come here have indi- ruling, he would say, you go home with and Hong Kong. cated that we know that slavery in its your parents. We are putting you on And stories like Newsweek’s coverage of technical sense is over. The Jim probation. We are giving you a warn- the four extraordinary black men who head Crowism of the early 1900s is over. Seg- ing, if you will. A large number of multi-national corporations—Dick Parsons of regation of the deep South is claimed those are not African American young AOL Time Warner; Ken Chenault of American to be over. people. A large percentage of African Express; Franklin Raines of Fannie Mae; and I am reminded of 1901 when the last American young people are sent to the Stanley O’Neal of Merrill Lynch, who control African American Congressperson was Texas Youth Council. 300 billion dollars worth of market capital and drawn out of this Congress. In fact, We do have an inequitable system employ 300,000 people—these are extraor- there was no African American who sat that points to the need to address the dinary success stories and extraordinary sta- in the House of Representatives, simi- issue of color. I believe as we look at tistics. lar to what we have in the other body, the incarcerated persons in our Nation Mr. Speaker, that might be the end of the where no African American sits now in we will find a higher number on death story, but it is not. Today, African Americans the United States Senate, and we now row who happen to be African Ameri- are still under-represented in business, gov- enter into the 21st century. cans who did not get a high school edu- ernment, and higher education. African Ameri- Although we can say to our col- cation. Those are systemic problems cans are the largest growing AIDS population, leagues and to all of America that that point to the issue: Is race an and represent a disproportionate percentage there have been strides, we do have a issue? of all major illnesses. Twenty-five percent of knowledge of African American his- As I applaud the success that we have all young black males are, or are predicted to tory. We can cite W.E.B. Dubois and had, applaud the number of lawyers be, under the jurisdiction of the criminal justice Booker T. Washington. We can cite the and physicians who have graduated system. work of George Washington Carver. We from our schools, I want to point to the Perhaps these statistics paint a more real- know that the street light was de- fact that those numbers have gone istic picture of the status of race in America, signed by an African American. We are down. but statistics are not enough. While racism no quite familiar with some of the mili- Lastly, I would say what we need to longer hides behind Jim Crow laws and re- tary generals, particularly General entertain, we need to have an overall, strictive covenants in housing, racism is unfor- Davis. We are familiar, of course, with wide national discussion on this word tunately alive in America. the men and women who fight in the called reparations so it is not stig- Today, it hides behind the cover of public United States military and the strides matized by the lack of understanding policies that disregard the poor; attitudes that they have made. what it means. At the ending of slav- deny access with subtlety; and ignorance that We are familiar with the new mil- ery, it was announced that those who blinds the nation. Racism fears the outspoken lionaires and CEOs like Dick Parsons were freed would get 40 acres and a greatness of academic pioneers like Harvard of AOL, Ken Chenault of American Ex- mule. Some people view that as a joke, University’s Cornell West, much like it feared press, Franklin Raines of Fannie Mae but it was economic compensation for the greatness of Harvard’s first African Amer- Corporation, and Stanley O’Neal of the 400 years of slavery. That was never ican graduate, W.E.B. Dubois. Merrill Lynch; and many people would fulfilled. When America becomes truly committed to cite that as a fact that we have made And although people will say I did ending racism, we will see an immediate end great progress. But I would just bring not cause slavery, it was not me, I to racial profiling; an end to an educational some attention to some of the can- grant you that, but it is extremely im- system that relegates black students to inferior cerous sores that continue in this sys- portant that we as a Nation not only preparation; and a criminal justice policy that tem that really should bear attention express the apology to seek forgiveness judges individuals by their character and their and ask the question: Is it because of for what happened to throngs of Afri- deeds, rather than the color of their skin. The color? can Americans who are the ancestors color line must be visited on a regular basis— Is it because of color that we go to of those who suffered the brutality of for as Cornell West reminds us, the color line inner city schools and find the inequi- slavery, but it is necessary for us to is too significant to ignore. ties in the funding systems where our have a fair, calm, generous discussion Ms. LEE. I want to thank the gentle- children are not learning? about what reparations really mean woman from Texas for reminding us in Is it because of color that we find and how we can move this country for- a very clear and forthright fashion of that if we have what we call alter- ward as we did for the Japanese that the unfinished business of America. native school systems where you put were interned, as we did for those in Mr. Speaker, I yield 5 minutes to the children who have been designated as the experiment. gentlewoman from North Carolina troublesome that you will find, go (Mrs. CLAYTON), a great woman who there and find a large percentage of b 1830 constantly and consistently reminds us those being minority children? Let us do that, and I believe then we of the needs of rural America and of all Is it the issue of color where you are will answer the question whether rac- of those issues that America needs to not finding male role models in the ism is alive and as well we will heal address in each and every one of our public school systems or a multitude of this Nation and come together as a policy decisions. them as principals in the administra- unified Nation as we should. Mrs. CLAYTON. I thank the gentle- tion where we are teaching our chil- Mr. Speaker, I rise today to pay homage to woman for yielding and for her leader- dren? all those great African American pioneers who ship in calling to the attention of the When we look at our juvenile justice made it possible for me to stand today. It is American people the history and system, and we have looked at it across truly on their shoulders that I stand, and I am achievements of blacks, or African

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.133 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H619 Americans as we label or refer to our- I wanted to, in my last few minutes, and often in bad condition, the children selves. talk about the land. You remember are mostly black. When I visit the pri- The history and achievement of early on when we moved from slavery vate academies in my district, the chil- blacks or African Americans in the to freedom, there was this great prom- dren are mostly white. When I see the areas of business and wealth creation ise, but more than that, we as African victims of police violence, Mr. Speaker, has been one of great amazement and Americans were people of the land. We the policemen are mostly white. The achievement. I was reminded recently owned a lot of land. It is reported that victims are mostly black. of a book that described the life of a in 1910 we had more than 15 million Yes, there is a color line in America. Reverend William Washington Brown acres of land. Today, it is reported that This color line is green, the color of who lived in the 1880s. He is a former we have something less than 2 million money; it is red, the color of the lines slave, and coming out of slavery he or- acres. I ask the question, what has hap- drawn through black neighborhoods by ganized businesses throughout the pened from 1910 to now 2002 that indeed banks; it is blue, the color of the skin Northeast and Southeast, from Geor- blacks do not have that land? What in of the black homeless freezing on side gia, Florida, Alabama, Virginia, South the system has allowed this? streets; it is gray, the color of prison Carolina, even up to Massachusetts. He So the question of race continues to bars; it is yellow, the color of the eyes organized banks, he organized insur- find us in the opportunities of business of junkies in the inner cities. ance companies, stores. This is a and also in the ownership of land, some Mr. Speaker, yes, there is a color former slave himself. of the ways obviously that we are line. It is a line on the soul of America. He did it by organizing something found. It is a line on the mind of America. It called the United Lodge. He was estab- By the way, there was a wonderful se- is a line around our cities, around our lishing these lodges throughout the ries of articles by the Associated Press. neighborhoods and around our banks. States. It was called the United True They had a three-part series, 10 arti- No, it is not absolute as was the line of Reformers. It was the reformers who cles, and they examined more than 100 segregation. It is smeared and vague felt that you could bring dignity to takers of land in 13 southern States and in most cases denied, but it is yourself by being industrious and hav- and border States. They examined doc- there. It is everything except what ing wealth and working hard and bring- uments and others so that we would they call it. But it is real. It is the line ing together your collective economy know that this was not just anecdotal that tells the truth on America. It is a and owning something yourself. What a evidence but really was written evi- line that defines the heartbreak of marvelous idea. dence. The history shows that there America. It is the great sin of America. This person learned to read and write were different methods that were used It is the line that splits our Nation. It after he was an adult. He became a to defraud or to take land from African is what it has always been. It is dis- minister, and he wanted to pass that Americans. They were, obviously, crimination. Yes, it is racism. Yes, Mr. Speaker, there is a line in on. through intimidation, violence and America. It is a color line. That line is We have a great history in the area even murder. That was early on. Now racism. Racism is alive and flour- of business, and so we have a lot to cel- the system is a little less violent, but ebrate in the whole area of business ishing. nevertheless the results are the same. Mr. CLAY. Mr. Speaker, each year during ownership. There are great businesses So the results we use now is in sell- Black History Month we honor the many great now, insurance businesses now, a lot of ing the land for taxes, having eminent African American men and women, who over them that we ought to celebrate. Afri- domain, petitioning the land. All of the course of our nation’s history have made can American banks and ownership of that finds a way of disenfranchising important and lasting contributions to our those, again we ought to celebrate the many people who own land. country and its people. those. Those are achievements. But I would say that the question of race It is also a time that we, as a people, exam- there are not enough of those opportu- is a persistent one. The question of ine our place in American society. Through nities. race is not only in individuals but is this examination, we identify and celebrate our In my own background, my father also corporate. I think we need to find achievements, while also rededicating our- worked for a black insurance company ways where we celebrate the history of selves to overcoming those obstacles that still for more than 42 years. I remember my everyone, and we need to find ways confront us. brother and I saying that we were where this country can make sure that Here in America, people are born equal and going to grow up and own an insurance the opportunities for America is cele- made unequal by their surroundings. These company. That insurance company, of brated by everyone. conditions create a socioeconomic gap, where course, we never did, but that insur- I want to thank the gentlewoman for birth and inheritance breed success, while ance company became another insur- the opportunity to participate and to merit and hard work are frequently meaning- ance company, and now it is called the acknowledge that we have indeed made less. Atlanta Life Insurance Company. In great progress. We have reason to cele- It is worth noting that, more often than not, my own State now, we have the North brate that America has brought oppor- the roots of this socioeconomic gap have Carolina Mutual Insurance Company. tunity, but also it has many ways we come from the seeds of racism. I cite that to say there has been can improve this for everyone. But let’s assume for the sake of argument progress. We are acknowledging that. Ms. LEE. I want to thank the gentle- that racism is dead. I certainly will not claim But when you examine in the full woman from North Carolina for once that race makes no difference in society today, achievement and expansion and oppor- again educating us and for all of her but this assumption will help prove a point. tunity for business and banks and work on behalf of everyone in our Let me first say one thing: Wealth and pov- wealth, it has been minuscule. So the country. erty are inherited more than they are earned. question is, if a former slave could do Mr. Speaker, I yield to the gentleman Because of this fact, we need to do more to this early on, if it were not for race, from Alabama. resolve race-based inequalities within our sys- then why is it that that pace has not Mr. HILLIARD. Mr. Speaker, I have tem. continued? titled my remarks ‘‘The Color Line Re- The battle over affirmative action has been, By the way, the story on the United visited, Is Racism Dead?’’ more than anything else, an attempt to solve True Reformers is that they found a Mr. Speaker, I rise to address the the social inequalities based on race in Amer- way to break that up. It became too question, is there still a color line in ica. powerful. You can organize banks in America? It is a means by which people who come Massachusetts and Georgia, you can Mr. Speaker, when I visit the unem- from poor quality public schools to move up have insurance companies, you can ployment office, the persons there are the socioeconomic ladder, whereas without have people selling things for churches. mostly black. When I fly home on the such a mechanism, escaping the lower class If you can understand the power of airplanes, the persons there are mostly is extremely difficult no matter how hard you that, the system broke that up. white. When I go to prisons, Mr. Speak- work. Well, the system not only breaks up er, most of the prisoners are black. But assuming racial preferences are dead, businesses but also breaks up the When I visit our inner city schools there needs to be some kind of remedy to en- wealth of land. which are underfunded, overcrowded sure at least equal opportunity at success.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4634 Sfmt 9920 E:\CR\FM\K27FE7.135 pfrm04 PsN: H27PT1 H620 CONGRESSIONAL RECORD — HOUSE February 27, 2002 Those opposed to racial preferences claim cation. The historically black colleges I would like to look forward to the that it is the way affirmative action actually and universities, fortunately, are in day when an American President could equalizes the playing field that is unfair. But the spotlight and have been the recipi- say that he wants to apologize for slav- this argument only works if an alternative solu- ents of quite a bit of Federal attention ery and receive the overwhelming sup- tion is proposed and enforced. from both parties in the last year or so; port of the American people. Unfortu- This has not happened. So in the absence and in the last 10 years the Federal nately, when President Clinton implied of affirmative action, the best solution to lev- Government has stepped up to the that he might want to do that in the eling the playing field in educational oppor- plate and provided special assistance to last year of his term, he was criticized; tunity is to equally fund all public schools. the 113 historically black colleges and and there was a poll taken and the ma- All Americans should want to eliminate any universities. They were established and jority of white Americans, 70 percent, barriers that underprivileged people now face they achieved a very important role, said no, there should be no apology for in attempting to educate themselves and make have come to a very important role, slavery. a decent living. achieved a very important place in Af- We can apologize for the Holocaust. In the meantime, there is still something to rican American society by educating The Germans can apologize for the Hol- be said for hard work. But at the same time, those who could not get an education ocaust, and the Japanese asked to when hard work cannot save a large portion of anywhere else. Many of our leaders of apologize to the Chinese and Koreans; society from living a lower-class lifestyle, our today still are graduates of historically but there should be no apology for slav- system of capitalism is failing. black colleges and universities. ery, the majority of American people That is why it is imperative that public But the history of those institutions said. schools be funded equally and that people is a history where they got very little That is unfortunate, because the op- who can’t afford college tuition can still go to help from the mainstream society, and posite of not apologizing is covering college if they so choose. they received a lot of hostility and ani- up. It does not mean I refuse to apolo- Capitalism relies on the theory of competi- mosity from the local communities. gize; but it means I will cover up, and tion, and the hardest work and greatest talent The southern communities were often we will continue to cover it up. paying off the most. Right now, the hardest very hostile toward the so-called intel- The only way we can break the back work and greatest talent can get you nowhere lectuals who were in the black colleges of racism and guarantee that racism or anywhere depending on where you start and universities. will not be harmful is to recognize it from. Even after the Morril Act, the Fed- and jointly, black-white, all minori- For a capitalist system to hold true to its eral act which established land grant ties, work together to try to alleviate ideals—and to even be efficient—it must allow colleges in every State, even after that the harsh impact and effect of racism, people from all types of backgrounds to have Act was amended to establish a par- so everybody in America has an equal the same opportunities; or else the best will allel land grant college in the seg- opportunity to go forward. Black History Month is a time to cel- not always reach the places where they can regated States where blacks were not ebrate those positive achievements; it be most productive. allowed to attend the land grant col- This will never occur until we have equal leges, even after that happened, there is also a time to remind everybody that funding and equal opportunity at all levels of was tremendous discrimination. The we cannot achieve unless we recognize our educational system. amount of money received by the land the truth of racism and attempt to grant colleges which blacks attended, combat it. f were allowed to attend, were allowed to f BLACK HISTORY MONTH set up and provide a faculty for, et REQUEST FOR OUT OF ORDER cetera, was much smaller. The amount The SPEAKER pro tempore (Mr. SPECIAL ORDER FLAKE). Under a previous order of the of money was much smaller. That his- Mr. PAYNE. Mr. Speaker, I ask House, the gentleman from New York torically was the case, and even today unanimous request to address the (Mr. OWENS) is recognized for 5 min- those same land grant colleges estab- House for 5 minutes. utes. lished by the Federal Government are The SPEAKER pro tempore (Mr. Mr. OWENS. Mr. Speaker, in har- receiving less funding from the States FLAKE). Is there objection to the re- mony with the theme that the 1-hour than the land grant colleges that serve quest of the gentleman from New Jer- presentation on Black History Month primarily the mainstream population, sey? has set forth, is there a color line, is traditionally white land grant colleges. So every step of the way there have Mr. MCINNIS. Mr. Speaker, reserving there racism, emphatically, yes, there the right to object, my understanding is. This does not prevent us from not- been impediments. Is race a factor? Yes, unfortunately, it is. All over the from the gentleman’s side was that ing the positive achievements that they were, first of all, going to run have taken place and the progress that world you have racism, and certainly you have racism in the United States. about a half an hour, but they cer- has been made. We are quite pleased tainly are entitled to an hour, so I have that there are now 39 Members of the But the important thing is to note that we must operate and act and work con- no objection to that. House of Representatives who are Afri- stantly to make certain that the nega- But now this is the second 5 minutes, can Americans. We have gotten back tive impact of racism is not used to and I would like to know when the what we lost certainly after the Civil make other people suffer. We must al- speakers are going to end. We have an- War. There were some 30 representa- leviate as much racism as possible, other speaker behind myself, and we tives elected, some in the Senate as counteract as much racism as possible, would like to stay on schedule. I was well as the House. pass laws which keep racism in check. assured by the gentleman’s side a few All that was lost. Step by step we That is the best we can do. moments ago they had one 5-minute re- have seen gains wiped out over the History has shown us that the only quest, and now we are into two 5- years during reconstruction, and for way we can guarantee that you will be minute additional requests. They have about a hundred years before the civil able to make the progress that these had an hour. rights movement under Martin Luther institutions have made and be able to I guess I would just like to know King we were steadily going backwards cite the positive accomplishments is from the gentleman’s side, how much and every achievement that was ac- that some group has to work against longer it is going to continue. complished was accomplished without the prevailing, ongoing racism. We Mr. PAYNE. Mr. Speaker, will the the help of the mainstream population, have had in America a golden oppor- gentleman yield? just about every achievement. Many of tunity to do that. Mr. MCINNIS. I yield to the gen- the achievements were accomplished tleman from New Jersey. despite a great deal of hostility and an- b 1845 Mr. PAYNE. Mr. Speaker, I am sorry imosity from the mainstream popu- What makes America great is that it if there was a misunderstanding. We lation. provides the room, it provides the lee- thought the gentleman was advised I sit on the Committee on Education way, to fight; and we have fought and there would be two speakers. However, and the Workforce and, of course, am accomplished a great deal, despite the the gentleman certainly has the right very interested in all aspects of edu- racism. to object.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4634 Sfmt 0634 E:\CR\FM\A27FE7.052 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H621 Mr. MCINNIS. Mr. Speaker, con- When I was growing up, I loved his- Now, water generally is a pretty bor- tinuing my reservation, I am going to tory; and I learned about the midnight ing subject, as long as it continues to let the gentleman go if he will just let ride of Paul Revere who came and run out of the tap, or when you turn on me know, is this it? warned the colonists that the Redcoats the bath water it is there, or when you Mr. PAYNE. This is definitely it. were coming. However, I never was want to go fishing and the lake is at Mr. MCINNIS. Mr. Speaker, I with- taught about the first man who gave the right level. But water is a very draw my reservation of objection. his life for our Nation’s independence, critical issue for us to keep an eye on. The SPEAKER pro tempore. Is there who was an African American, Crispus The United States is very unique in objection to the request of the gen- Attucks, who was killed during the that the geographical layout of this tleman from New Jersey? Boston Massacre incident the night of country is such that water is dramati- There was no objection. March 5, 1770. Today, there is a monu- cally different and the issues dealing f ment to Crispus Attucks in Boston in- with water are dramatically different THE COLOR LINE REVISITED: IS scribed with the words of John Adams: in the western portion of the United RACISM DEAD? ‘‘On that night the foundation of States than they are in the eastern American independence was laid.’’ The SPEAKER pro tempore. Under a portion of the United States. As a student I was taught about For example, half of the land mass of previous order of the House, the gen- Teddy Roosevelt and the Rough Riders the United States, half of the land tleman from New Jersey (Mr. PAYNE) is and the crucial battle at San Juan Hill mass, which I will point out a little recognized for 5 minutes. during the Spanish-American War. Mr. PAYNE. Mr. Speaker, I thank later on, only has 14 percent of the However, I did not discover in school, water. If one draws a line down, say, the gentleman for removing the objec- but later, about the story of the Buf- tion, and we certainly do apologize for between Kansas and the State of Mis- falo Soldiers, who had a very low deser- souri, from north to south, that east- the misunderstanding. tion rate, who had a low alcoholism Mr. Speaker, I am pleased to have ern portion has 70-some percent, maybe rate, which were prevalent in the cav- the opportunity to speak this evening 72 percent of the water in that smaller alries at that time; and the fact it was on this year’s theme for Black History portion of the Nation. So we have got a the Buffalo Soldiers who prevented the Month, ‘‘The Color Line Revisited: Is Nation that is large, but the water is annihilation of Teddy Roosevelt at the not equally divided. Racism Dead?’’ battle of San Juan Hill. That was kept While we all wish that we could pro- Likewise, the State that I represent, out of the history that I learned. The claim the end of racism, we know that the State of Colorado, is the only State Indians gave the Buffalo Soldiers that we are not there yet. We continue to in the Union where it has no inflowing name because the buffalo to them were hear disturbing stories about racial water. No water comes into Colorado a symbol of courage. for use within the borders of Colorado. profiling in my State of New Jersey, Finally when we were taught about where it has been admitted by the New Colorado is a very unique State, and Admiral Peary and told of his skill and I intend to spend some time this Jersey State Police that they were not courage in reaching the North Pole, I only doing it, but trained in how to evening talking about the relationship was so proud of that great explorer. of Colorado to the Nation’s water, spe- perfect it by disguising numbers and However, it was only in recent years falsifying reports. cifically the Colorado River. The Colo- that we did learn that much of the rado River, of course, is called the We hear the question is racism dead, credit should have gone to Matthew Mother of Rivers. but we hear about the unequal opportu- Henson, an African American who was nities in our school system, where the Colorado is interesting in that Colo- on the expedition. Admiral Peary be- rado is the highest State in elevation dropout rate continues to soar, where came sick, became snow blind, his feet the great author Jonathan Kozol wrote of all 50 States in the country. In fact, were injured, and he had to slow down there are about 67 mountains in the a book, ‘‘Savage Inequalities; Children and stop. But Matt Henson went for- United States, including Alaska, that in America’s Schools,’’ where he high- ward, provided a camp, and waited for are over 14,000 feet, and of those 67 lighted how race and economics have a Admiral Peary to come there. At that mountains, 56 of them, I think, 56 of great deal to do. In the mis-education spot, it was the North Pole, and it was the 67, you find in the State of Colo- of people, we ask, Is racism dead? Matt Henson that got there first. How- rado. Mountains over 13,000 feet, there We take a look at the whole question ever, when Admiral Peary returned is like 700 mountains in the United of home ownership and employment, home, he was given awards by the States that are over 13,000 feet; and of where we find that only 45 percent of White House and the Congress. Mr. those 700, 600 of them are located in the African Americans own homes in the Henson was not invited to participate. United States, where 75 percent of So as I conclude, I think we should State of Colorado. other Americans, white Americans, resolve to teach our children the les- That is critical. The reason the ele- have been able to achieve that level. sons of history every day, so that they vation is critical because, obviously, at We find that it is difficult in many in- may take pride in their rich heritage. the higher elevations is where you have stances to get the finances to do that. We are all proud to be Americans your massive accumulations of snow We have the question of health care, today, more than ever before; and we and moisture during the winter where African Americans’ life expect- are especially proud of our African months. That, of course, is very deter- ancy continues to drop about a month Americans who have contributed to the minative as to what kind of spring run- or so each year, where the white popu- growth and development of this great off and what kind of water you are lation’s life expectancy increases about Nation. going to have for a good portion of the 2 months per year, therefore making a Nation as far as surface water is con- f disparity in a widening gap in life ex- cerned for your months where you do pectancy in our great Nation. THE ISSUE OF WATER not have heavy moisture. However, we in the Congressional The SPEAKER pro tempore. Under Colorado really is a very dry State. Black Caucus have worked hard to the Speaker’s announced policy of Jan- In fact, that part of the west of the overcome these obstacles. Despite set- uary 3, 2001, the gentleman from Colo- United States is a very arid portion of backs along the way, we are making rado (Mr. MCINNIS) is recognized for 60 the Nation. It gets very little moisture. sound progress. We continue working minutes as the designee of the major- I will give some statistics as we go on on innovative initiatives at all fronts ity leader. into this conversation we are having as we meet weekly to promote our Mr. MCINNIS. Mr. Speaker, this this evening. agenda, and we have seen much success evening I wanted to talk about a sub- But when one takes a look at Colo- and progress as we continue to move ject that is near and dear to my heart, rado, it is very arid during most forward. obviously a subject that is important months of the year, which makes it Black History Month offers us an op- to all of us, no matter where you reside even more dependent on those winter portunity to honor many African or what district you represent in the months and that snow accumulation American heroes who have been largely United States, and that is the issue of and its relationship to the months that left out of the history books. water. we have very little rain.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.138 pfrm04 PsN: H27PT1 H622 CONGRESSIONAL RECORD — HOUSE February 27, 2002 By the way, I never really knew what much water the average person uses in three glasses; three of those glasses rain was until I came to the East. In their daily consumption. I do not mean would go for those requirements. Two the West our droplets are very cold and just glasses of water or the bottles of glasses are used by the cities, and one- very little droplets of rain. You come water that one may drink during an half of a glass is used out in the coun- to the East, man, it seems like it rains average day. I am talking about the try. I think it is a pretty interesting forever. But out there in Colorado we quantity of water that is necessary for chart. It lets us realize just exactly are very dependent in the months your food, for example, or for your ev- how important water, how important where we have very low rainfall, which eryday living needs. water is. are most months of the year. We then I think this chart is one of the best Let me move on just a little from have to rely on the water that we have demonstrations that I have seen of there. I think this is a pretty clear map either been able to store or accumulate what water usage is, so you have a right here to show some of the dif- because of the snow that has come pretty accurate picture of just how de- ferences, pretty dramatic differences of down on those mountains. pendent you are on water. Water usage. the layout of the United States. Re- What is interesting in history is one Americans are fortunate. We can turn member that when they settled the of the first dams ever discovered goes on the faucet and get all the clean and country in the early days, that most of back in the Mesa Verde National Park fresh water we need. Many of us take our population lived on the East Coast. around 1,000 A.D., and there they found water for granted. The population in the United States is an ancient irrigation system. It did not Have you ever wondered how much not evenly spread now. In fact, I heard take man very long to figure out that water you use each day? Look at this a statistic the other day that if we water does not always necessarily flow chart. Direct uses of water. Drinking took all of the population and put it on where you need it and when you and cooking, 2 gallons. Now, this is per together like in one large city, it only takes a very, very small fraction of the need it. So when you need it, that is person. Per person. Two gallons of amount of land that currently exists in when man first began to develop some water to drink it and cook with it. the United States. Obviously, our popu- way to store it, because, obviously, the Flushing the toilet, 5 to 7 gallons per lation is not put together like that, it stream did not stay at the same level flush. Now, that has come down just a is spread out through the country. But all year-round and where you needed it. little with the new toilets we have, but in the early days of the founding of the It led man for the first time to take basically that number will probably be United States, the population was pri- water and move it from its natural accurate going from about 3 to 6 gal- marily focused on the East Coast. course, to divert it to where the man or lons per flush. Washing machine, if you As our government began to acquire animals or agriculture needed it. do one load, 20 gallons of water just to additional land, to expand this ever- Every person in America diverts do a load of wash. Your dishwasher, 25 growing Nation, to create the United their water. Every person in America gallons per load. Taking a shower, 7 to States of America, as they acquired diverts water for their use. That is how 9 gallons per minute. this land, they had to figure out how to you get water diverted from its source Now, look at this: growing food. That really get control of the land. Now into, for example, your house, or onto is what is really fascinating. In order today, in this country, when we buy a your farm field, or into your commu- to produce one loaf of bread, in other piece of property, we do not actually nities, or into the buildings that you words, prepare the farm field, grow the have to be on the property. We can visit. So there are a lot of interesting wheat, et cetera, process the wheat, have a piece of paper, a little thing things about water. bake the bread, et cetera, one loaf of called a deed; and that deed filed at the But you can start off by looking at bread requires, by the time that loaf of courthouse protects our rights on that the water supply throughout the world. bread is ready for consumption, 150 gal- land. But that is not how it was back When you notice the water supply in lons of water. then. In fact, a piece of paper really the world, something is very inter- b 1900 was not worth a whole lot. The only esting: 97 percent, 97 percent of the way back then, or the primary way Mr. Speaker, 150 gallons of water to water supply in the world, is salt back then for one to protect the rights prepare one loaf of bread. One egg. One water. And until we are able to come that one had on that land was to pos- egg. That is not a dozen eggs; one egg up with desalinization at an economic sess the land. That is where the old requires 120 gallons of water. These are price, and I am sure the future genera- saying came from, that possessions is numbers that we have never even imag- tions will be able to do that, but for nine-tenths of the law. That is exactly our generation in existence today it is ined. But take a look at it. One quart where that came from. not economically viable to take that of milk, 223 gallons of water to produce So in the early days of the founding salt water and convert it to clear water 1 quart of milk. A pound of oranges, it of this country, as we began to acquire with any kind of quantity. So 97 per- takes 47 gallons of water. A pound of this land, our leaders back on the East cent of the water in this world really potatoes takes 23 gallons. It takes Coast said, how do we encourage peo- right now is pretty much off limits. more than 1,000 gallons of water to ple, how do we get people to leave the Then you take a look what the bal- produce three meals a day for one per- comfort of the East Coast and move to ance is, and the balance of the 3 per- son. For one person to have three the West? West being maybe only as far cent. You have got 3 percent left of meals a day, it takes over 1,000 gallons as western Virginia, or not very far water that is clear water. Most of that of water to produce that food product. west at all. How do we get people to 3 percent, most of it, almost all of it, in So clearly we can see that the amount move out there? How do we settle this fact, again 90 percent of that 3 percent, of water that is consumed in our soci- country. is water that is not salt water, but it is ety is primarily consumed for our agri- Well, the answer was, look, every- tied up in the iceberg, frozen solid, so cultural needs. body in America, the American dream, we do not have access to that as well. What happens to 50 glasses of water? even in its early stages of this country, So really the amount of water that is This chart I think demonstrates what I the American dream was, one, indi- available for consumption that does have just said. If we lined up 50 glasses vidual rights and, two, the opportunity not have high levels of salinity is very of water and we begin to move those to own a piece of property. In other limited when you look at the picture as glasses as to where their consumption words, the land would not be owned by a whole. was, we would take our first 44 glasses the government. People got to own a Now, as I mentioned earlier, it is of that 50, scoot that aside, that is just piece of property that they could build pretty interesting, because a lot of peo- what is necessary for our agricultural a home on, that they could farm on; ple, including myself, I was stunned requirements in this country. Three and back then, in excess of 98 percent when I first saw this poster to my left, glasses are used by industry for produc- of our population lived on farms and and I would like to point out some of it tion. In other words, even the wheat agriculture and put their hands in the to you, because I think it is pretty in- production, we take the wheat off the soil. So owning a piece of land back teresting. farm, we move it into a production fa- then was just as important as it is It is amazing, it is stunning, to see cility, say, for example, to bake the today. We all dream of owning our own how much water is necessary, how bread. Those requirements are about homes.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.141 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H623 So our leaders decided to take advan- people use the land. We will come up they made with Mexico. It is inter- tage of that and say, look, the incen- with a new concept called multiple use. esting how Mexico, down in this area, tive that we should give to these people We will let people use the land for ends up getting water that originates, is if they will go out and help us settle many purposes. They can live on it. 70 percent of the water in the Colorado the West, help us settle this new coun- They can have roads on it. They can River Basin originates in the high try, we will give them land, the land recreate on it, fish on it, enjoy it. Let Rocky Mountains of Colorado. Now, grants or the homestead acts. Remem- us do that. But for formality purposes, how does Mexico end up getting rights ber that it was not new. It had already we will just keep it in our names so we out of the Colorado River? Interesting been tested. In fact, our government do not have the political pressure of story. Not really the basis of this used it during the Revolutionary War giving away too much land. That is ex- speech, but interesting enough to bring to try and bribe British soldiers to de- actly what happened in the West. into these comments this evening. fect and come over to our side; and if On this map to my left we will see What happened was, during World they did, we would give them a land that all of the colors on this map indi- War II there was a concern that the grant or we would give them a home- cate government-owned land. We will Japanese would invade Mexico. So the stead. That land could be their land see in the East, it is almost, with the Mexican Government came to the that they would individually own. exceptions of the Appalachias down United States, and we had a mutual Well, this worked pretty well. The here, a portion of the Everglades, a lit- meeting. Mexico did not want the Jap- government began offering, and we can tle up here in the Northeast. But some anese in Mexico. The United States did see by this chart entitled ‘‘Govern- of these States do not have any govern- not want the Japanese right next to ment, Lands’’ the government began to ment land at all to speak of. Their gov- them in Mexico, so they made an see the populations become westward ernment land is the local courthouse. agreement. And the agreement was and moving to the west. Do we know But when we hit the West, look at what that if the Japanese or the Germans or what happened? We discovered that on happens. Big blocks of land. the axis there, the enemies, if they 160 acres out in Kansas or Missouri or Now, some people today, I would call crossed the border or if they attempted even in eastern Colorado or up in Ne- them revisionists who like to revise an invasion of Mexico, the United braska where some of the most fertile history, would like us to believe that States would enter Mexico and defend land in the country is, all of these peo- the reason the government owns this Mexico. They would fight for Mexico. ple out in Virginia, a family could be land is that that was to be preserved to They would fight to push them back supported off of 160 acres, that the soil the extent that human use was to be out of Mexico. was so fertile that that was an ade- eliminated, and their goal is to take Now, of course, the Mexican Govern- quate amount of land to give. multiple use and get rid of multiple ment seemed to have a little leverage, But then word got back to Wash- use. One of their goals too is when peo- I guess we would say. They seemed to ington to our leaders. Hey, we are hav- ple want you off this land, what is the be a little smarter in the negotiations. ing a problem, because as the popu- best way to get you off the land? If To summarize it, it is accurate to say lation begins to hit those high ele- they cannot get the Congress to go that the Mexicans said, all right, it vations in Colorado, when the popu- along with it, if they cannot get the would be a good idea, United States, lation runs into the mountains, the population to support it, then go for for you could come down and defend us Rocky Mountains, the Continental Di- the most important asset that you if we are invaded; but you know, for vide, they are not staying there, be- have on that land, and that is the you to come across the borders and cause they are discovering that with water, which brings us to kind of a full come into our country to protect us, it 160 acres, one can not even feed a cow circle in our discussion of water. really ought to be worth something to with 160 acres. They cannot possibly It is interesting, because right you because you do not want the Japa- support a family off only 160 acres. through here we have something called nese in here either, so why do you not So our leaders in Washington sat the Continental Divide, and Colorado give us a part of the Colorado River. So down and said, How do we persuade follows my pointer here as it goes down the Colorado River is actually des- people to go ahead and settle in these through this way. The Continental Di- ignated for the country of Mexico. areas? What is happening is they are vide, although most of us know what Now, Colorado is the home for four going around to the Imperial Valley, as that is, but it is very interesting; it is major rivers; four major rivers have demonstrated here in California where a dynamic of nature upon which side of their head waters in the State of Colo- we have this white spot. So they had a the line we can actually see it in place. rado. We have the Platte River, we lot of debate back in Washington; and The Continental Divide, the water on have the Arkansas River, we have the the conclusion really was, well, one of one side goes towards the Atlantic, the Rio Grande River, and one of the rivers the ideas or one of the solutions was, other on the other side goes towards that I am going to focus on today, and let us give them a proportionate the Pacific. The Continental Divide is that is the Colorado River. The Colo- amount of land. If 160 acres is what is really, at those high elevations where rado River really is called the Mother necessary in the State of Nebraska to the Continental Divide is, that is where of all Rivers, the Grand River. support a family, let us give a family water is amongst the purest water; and Let me talk a little about the water in the Rocky Mountains 3,000 acres. that water is very important, not just climate in the State of Colorado. I Maybe that is what is necessary to sup- for human consumption, but actually, would remind my colleagues that Colo- port a family. a lot of that water is important to rado again is unique as we look at our Well, during this period of time from allow it to flow into the streams so maps, and the line would be very hard a historical basis was also the time that it can flow down and protect our for my colleagues to see, but basically, when we had the building of the Conti- environment. There is lots of multiple this is the State of Colorado. This is nental Railroad, for example, and other uses, not just on the land, but multiple the only area of the United States land grants that were going out there. uses of the water. right here, the only area of the United Washington was under a lot of pressure Now, Colorado begins to emerge in States where there is no water that not to give away so much land. the country as probably one of the flows into the State for its use. Every So the conclusion was, look, giving most critical, if not the most critical other State in the Continental United away 3,000 acres to just one family is State in the Union in regards to water. States, every other State has water too much land to give to just one fam- One, as I spoke of earlier, the high that flows into their State for their ily. We cannot just give it away like mountain ranges and the accumulation use. Colorado is the exception. that. So somebody came up with the of water. Colorado provides water for Keep in mind, also, my earlier com- idea of well, instead of giving the land what, 26, 27 States. Colorado provides ments. If we drew a line here down away, why does the government not go water for other foreign countries. The through Kansas and Missouri out like ahead and retain title. The government country of Mexico, for example, actu- this, this portion of the country right will continue to be the owner in name ally gets water from the State of Colo- here has 73 or 74 percent of the water in of this land, but we will let the people rado from the Colorado River, the Colo- the country. This portion of the coun- move onto the land. We will let the rado River Compact, the compact that try right up here has about oh, I do not

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.142 pfrm04 PsN: H27PT1 H624 CONGRESSIONAL RECORD — HOUSE February 27, 2002 know, 13 percent or so of the water is but today we do not have the tech- that are natural are above 9,000 feet. right up in this area. And then for the nology to look underneath the surface Imagine that, 9,000 feet. That is where rest of these Western States which con- and see all of the different fingers of 90 percent of our lakes are. sist geographically of half the Nation, water and the connections of water un- Colorado has 13 different streams only 14 percent of the water in the Na- derneath our surface that we cannot that we call Clear Creek, to give an tion has to provide for that massive see above the surface. So our under- idea how pure and how good that water land area, which makes water storage standing, really, is based on the best is. As I said, Colorado is the only State very critical. The Colorado River, that science that we have. in the Continental U.S. with all major is where, for example, we have Hoover That is why we have to be so very waterways originating within its Dam and Lake Mead. That is where we careful when we talk about water, boundaries. get huge hydropower facilities. about where we put water storage or Water flowing out of the State trav- how we impact the water, what impact els to the Atlantic or Pacific Oceans, b 1915 that has throughout the rest of that depending on which side of the Conti- Water storage is absolutely critical particular water system. nental Divide it originates on. On aver- for all of us. In the East we need it for Let me say that when I said earlier age, 10,400,000 or 10,500,000 acre feet of flood control, primarily. In the West that our snow pack is so important, to water leave the State every year. An we not only need it for flood control, give an idea of those few months of acre foot is how much water it takes to but we need it for year-around usage, snow that we get in Colorado, 80 per- form an acre I think 1 foot high over a so we are able to store the water when cent of the water, 80 percent of the 1-year period of time. Most of the the water is coming down the moun- water in this Rocky Mountain area water that leaves the State of Colo- tain, because most of the months the comes from snow. Only 20 percent of rado, about 45 percent of it is in the water is not coming down the moun- the water that Colorado gets comes Colorado River Basin. tain in the kind of force we need and from rain. So we are very, very depend- And 87 percent of the water in Colo- are able to store it. ent on that snowfall. rado, when we take a look at Colorado, Let me give an idea of our statewide In a year like this in Colorado, we 87 percent of the water in the State is climate. Statewide, Colorado gets 16.5 are having a dry year this year, and it on the western portion of the State. inches of water each year, although runs in cycles. We have not been able Eighty some percent of the population that can vary depending on population. to time the cycles, we have not figured in the State of Colorado is on the east- Down in this part of Colorado near Du- out the cycles, but we know it runs in ern portion of the State, so we can see rango, Colorado, we have a pass called cycles. In Colorado, we have a very dry just because of the dispersement of the Wolf Creek Pass. Twenty-some miles winter. In fact, some of our snow packs population in the State of Colorado, from Wolf Creek, it may snow 15 inches are only about 23 percent of normal. most of our population is not located of snow a year. Go those few miles up Right now, it does not bother us be- where the water is; most of the popu- to Wolf Creek Pass, we may get 550 cause we have all the snow, and 23 per- lation is located away from the water. Denver, for example, has no water inches of snow a year. So the geo- cent is still a lot of snow. But wait that originates in Denver. It is the ben- graphic nature of the State provides until about June or July. All of a sud- eficiary of all that water that runs off for dramatic differences in the mois- den, Colorado and the States that de- the mountains. Or in the case of the ture and precipitation that follows. pend on the Colorado River will have a Continental Divide, Denver, for exam- In Colorado’s high altitude, the semi- lot of suffering. ple, or the cities on the eastern portion arid climate, 85 percent of the State’s There are cities out there that have of the State, have decided to go over on precipitation is lost. Eighty-five per- no water sources at all except massive the other side of the divide where the cent of our water in Colorado is lost to diversions out of the Colorado River. water runs this direction and redirect evaporation. Why? Because Colorado as One of them we know very well: Las the diversion of that water, or the di- a State is known as the Sunshine Vegas, Nevada. Take a look at Las rection of that water, so it flows in re- State. In the State of Colorado, we Vegas. At the Bellagio, that beautiful verse order and comes back to the cit- have over 300 days of sunshine a year, water show, that is Colorado River ies. over 300 days of sunshine a year. At water. The same thing with the State It is often said that water flows not that high altitude, we have to worry of Arizona, same thing with the State downhill but flows towards the direc- about evaporation. There is not much of California, same thing with the tion of money. That is exactly what we can do about it, but most of our State of New Mexico, same thing with has transpired over the years. Water water that falls in the State of Colo- Utah, and the same thing with the has been impacted a great deal from rado then is evaporated. country of Mexico. A lot of States are what its original intent was. Keep in mind that water, water is the very dependent on that high snow in Let me just go over a few other sta- only renewable resource that we have. those Colorado Rockies. tistics that I think are interesting. As Now, we have resources that we have Some of these States add to it. For I said, water sometimes can be a pretty not captured the energy from, for ex- example, the State of Utah, the State boring subject; but I find it pretty fas- ample, the sun. But once the sun ray of New Mexico, they add a little water cinating. Now, all of the Members comes down, if we do not capture the to the Colorado River Basin. But, basi- would be pretty interested in water if energy, the energy disperses and it is cally, the State of Colorado puts 70 per- they turned on the tap tonight when gone; a gallon of oil, if we burn it up, cent of that water into that basin. By they went home, they went to take a it is gone. the way, of the 70 percent of the water shower or cook dinner, and there was But water is a renewable resource. So that comes from the State of Colorado no water there. Then all of a sudden the key to water is one person’s waste into the Colorado River Basin, only 25 Members would become real interested may be another person’s water. What percent of it goes back to the people of in it. do I mean by that statement? the State of Colorado. The rest of it is I think tonight the purpose of to- For example, on the Colorado River, utilized in other States. night’s comments are to give kind of a we may have a diversion into an irriga- In the State of Colorado, as similar basic education and talk really where tion ditch. Somebody may say, well, to to our chart that I was showing earlier, kind of the apex of water in the United help conserve on water we ought to 85 percent of the water that we use in States is and how critical the State of line that ditch with concrete so the Colorado, 85 percent of it is used for ag- Colorado is for the supply of that water does not seep into the soil until ricultural purposes. water. it gets to the point we want it. That Let me just real quickly go over The largest reservoir that we have in water seepage into that irrigation some kind of fun statistics, interesting the State of Colorado is the Blue Mesa. ditch may actually provide somebody things. Ninety percent of our natu- The amount of water, for example, else’s water for a spring. rally-occurring lakes in Colorado, and throughout the country in the public Today we do not have the tech- we are not a lake State, we do not have water systems, if we have a city water nology, although at some point in the massive lakes, but the lakes that we do system, do Members know what per- future they will have the technology, have in Colorado, 89 percent of them centage of that is actually used to cook

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.144 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H625 and drink? About 1 percent of the city those mountains, we have 9,000 miles of nities is totally dependent upon the water system. The rest of it is used for streams that go through and circulate government’s lands. For our water that all of the other needs one has with that water. It is pretty interesting comes across it, our water that is water. I thought that was a pretty in- when we take a look at the different di- stored upon it, our water that origi- teresting statistic. versions that we have. nates on it, our power lines, our high- Kentucky bluegrass uses 18 gallons of We have 48 million people in the ways, our recreation areas, our agri- water per square foot. I do not have the United States that divert their water culture, we are totally dependent on actual statistic here, but it is amazing off wells. That is below-surface water. that. how many thousands of gallons of The rest of the people in the country b 1930 water are necessary for just one oak depend on surface water. Go back to tree, for example. We do not even envi- the Colorado River Basin, here. That In the East, you do not have that sion the huge quantity of water that is river kind of goes like my pointer, handicap. In the West, it is in fact a necessary to support one of those big down through here, out like this, out handicap; and I intend to spend a few cottonwood trees or a great big oak into here, and then kind of like that, moments with you discussing that, in tree. and out into the country of Mexico. future moments, when we are here to- Water and its recirculation through It is incredible to take a look, and I gether on the floor. My purpose here our society, and its recycling, and I do think I have a chart here. Hydro- tonight is to kind of break the ice, you not mean man-made recycling, I mean electric power. Hydroelectric power might say, coming back to water, to recycling by nature, is really a feat, from the Colorado River, again, coming talk a little about water. and pretty amazing, just to the extent back to the Colorado River, where our If you ever have a moment to go to that we know. My guess is that we focus is, hydropower from the Colorado Denver, Colorado, and you go through have only tapped a small knowledge of River keeps the lights burning in many the State Capitol there, you will find how our water system in this Nation parts of the West, including Phoenix, in their rotunda, every painting in that works. Arizona, pictured here. Phoenix also rotunda, in their murals somewhere in At any rate, back to my points, here. obtains water from the Colorado River that painting has the subject of water, The Platte River was named, which of via the Central Arizona Project canals. whether it is an irrigation canal, course ‘‘platte’’ means ‘‘flat,’’ and the There is Phoenix, Las Vegas, and all whether it is somebody fishing, wheth- water that is used in the Platte River of those small communities, and many er it is animals drinking from the was first used, of course, by the Native of the cities in California. The Colo- stream. Water is a critical, critical fac- Americans. One of the interesting rado River, we do not really realize the tor. In fact, the State of Colorado, as I things that the Native Americans used importance of that water, the impor- said earlier, is the apex in this country. early on in the State of Colorado were tance of it not only for the human pop- Four major rivers have their head- the hot springs located in Glenwood ulation, not only for the agricultural waters there. It is the mother of rivers. Springs, Colorado. population, not only for the energy It is an interesting subject. Some may have been to Glenwood needs, but for the environment, as well. I appreciate the moments I have been Springs. It is a community near Aspen, The more we know about water, the able to spend with you this evening. Colorado. Actually, it is my birth more deep our appreciation becomes f home. But there we have hot springs, for that miracle matter that the good AMERICAN STEEL INDUSTRY and I think the water there comes in at Lord gave for us to use. CRISIS about 180 degrees Fahrenheit. The Let me kind of leave the charts here spring I think puts between 2 million for a minute and wrap up my com- The SPEAKER pro tempore (Mr. or 6 million gallons a day of water at ments. I am going to do a series of KIRK). Under a previous order of the 180 degrees that comes out of the speeches to my colleagues about the re- House, the gentleman from Pennsyl- springs. We use it. We have a huge pool sources, the natural resources, we have vania (Mr. ENGLISH) is recognized for 60 there. Anybody who has been to Glen- over there. We have lots of debates on minutes. wood Springs knows exactly what I am this House floor in regard to natural Mr. ENGLISH. Mr. Speaker, America talking about. resource issues, in regard to the envi- is at a critical moment. The domestic The Indians used to use that because ronment, in regard to energy and con- steel in its industry and the current they thought it was the gods that put servation of energy. workforce retirees and their depend- it there for health care. We later used I am going to give a number of dif- ents are clearly at a vital crossroad. it, in fact the Navy used it in World ferent speeches to my colleagues, not Without strong relief under the section War II for recuperation of its wounded just focusing entirely on natural re- 201 action that this administration has sailors. They would ship them from the sources, but talking about the energy called forth utilizing that section of oceans into the middle of the country demands that we have in this country, our trade laws, the future of the indus- for recovery in Glenwood Springs with the future for alternative energy that try is clearly grim. Thousands of steel- the hot waters. we have in this country, the necessity workers already have lost their jobs, We have a lot of interesting things for conservation of energy that we and thousands more jobs are at stake. about the streams that we have in Col- have in this country; the need to pro- Beyond that, pension and health care orado. We have about 2,000 lakes in Col- tect our environment, protect it in benefits are in jeopardy for hundreds of orado. That seems like a lot, but our such a way that it is balanced; the im- thousands of retirees. Now is the time lakes are not very big. Our lakes real- portance of multiple use on our public to provide relief for this beleaguered ly, in proportion, if we take a look at lands. domestic industry. Minnesota or some of these States that I intend to have a very thorough dis- The Bush administration took the really are States with huge lakes, we cussion here on public lands. In the vital first step by initiating the 201 in- do not have much comparison there. East, because they do not have any vestigation, and now the results are in. But within the boundaries of Colo- government lands to speak of, many The investigation demonstrated what rado, within the four corners of that people do not know what public lands the industry and its workers have State, we have over 9,000 miles of are. I do not hold that critically. I am known all along, the rest of the world streams, 9,000 miles of streams. So we not saying that critically. I am just is not playing by the same set of rules. know we have the highest elevation in saying that they do not deal with Meaning, the steel score sheet has long the country in Colorado with the them. been skewed to provide foreign com- Rocky Mountains. We have by far the In the West, for example, in my dis- petitors with an unfair handicap, mak- largest number of mountains over trict, I have a huge congressional dis- ing it unnecessarily difficult for U.S. 14,000 feet; and by far the largest num- trict. I probably have approximately producers to compete. That has to ber of mountains over 13,000 feet are in 120 different communities, and 119 of stop. Colorado. those 120 communities are completely Mr. Speaker, this may be hard for Now, we know between all of these surrounded by public lands. In other people to see up here, but let me assure mountains, and coming down all of words, everything we do in our commu- you that the subsidies our domestic

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.146 pfrm04 PsN: H27PT1 H626 CONGRESSIONAL RECORD — HOUSE February 27, 2002 steel companies have received since But I also had a chance to personally thank him for his personal involve- 1980 are dwarfed by the subsidies that speak with Secretary Evans on this ment, for his work with the adminis- foreign steel makers receive. issue and reiterate the importance of tration, for helping to bring there issue Looking at this graphic, this minus- some strong, strong penalties, not only to the fore, at a very, very critical cule yellow bar down here represents to help our domestic steel industry, time when we can still save our domes- the U.S. government subsidies, while but it sends a signal to the rest of the tic steel industry. I thank him for this tower next to it represent the $90 countries that we want to trade and do being involved in the Steel Caucus. billion in subsidies our leading com- business with. We can compete with Mr. Speaker, I yield to another gen- petitors have received since 1980 in the them. We cannot compete with them if tleman from Illinois (Mr. PHELPS), who steel sector. The amount of subsidies they have subsidized their production, is also a member of the Steel Caucus. to foreign producers have outnumbered and that is what they do by a term Mr. PHELPS. Mr. Speaker, I thank and outshone by those in the U.S. by a called dumping, which means foreign the gentleman from Pennsylvania (Mr. factor of more than 8 to 1. Substantial countries are selling steel to us at ENGLISH). relief under section 201 is a move to- below-market prices, usually sub- I first want to commend the gen- ward eliminating that handicap as well sidized by their own government. tleman on his firm leadership in bring- as others, putting the U.S. on a level The International Trade Commis- ing this issue to the forefront of the playing field and staving off a perma- sion’s ruling, they said that we in our American people. Those who are not nent liquidation of this strategic indus- domestic steel industry suffered seri- associated with the steel industry may try. ous injury due to the surge in imports. not be aware just how serious this situ- Inaction or weak action would si- So that is why we need a substantial ation is, and I want to associate my re- lence many steel plants, while destroy- tariff for a maximum length of time, marks with my friend and colleague, ing the livelihood, the good-paying jobs because the majority of steel that is the gentleman from Illinois (Mr. of the workers, their families and com- making its way to America from off SHIMKUS). We are fighting the same munities, and dealing a blow to our na- shore is being heavily subsidized. battle. Let me state, Mr. Speaker, I rise to tional economy and to our national se- The imposition of tariffs over a 4- discuss the crisis the steel industry curity. year period will demonstrate to foreign I applaud the Bush administration producers and governments that this faces. The American steel industry and the steelworkers are in the midst of for stepping up to the plate for the administration is serious about ad- possibly the worst crisis ever due to American steel industry and its work- dressing the problem of foreign excess the continued illegal dumping into this ers, something that previous adminis- steel capacity. And it is kind of ironic that our European allies, from what I country of foreign-made steel. trations had been reluctant to do. Thousands of steelworkers have lost With that, I urge the Bush adminis- understand, are not supportive of our their jobs, and countless more are in tration in the next week in making a heavy tariffs because they fear that if jeopardy. In my congressional district decision on this steel 201 to knock the we are successful then they will be the in Central and Southern Illinois the ef- ball out of the park by imposing cred- target for the illegal dumping of steel and then they will have to deal with fects have been devastating. Yesterday, ible tariffs over the next 4 years. I attended a steel rally in Greenwich There will be a number of speakers this issue. City, Illinois, and was able to hear joining me tonight. The first of these is So we need to make sure that our al- firsthand the effects this has had on the gentleman from Illinois (Mr. lies and friends understand that steel is also a national security issue and it is the local economy. SHIMKUS), and I yield to him. important for us to have that domestic Now is the time to institute the high- Mr. SHIMKUS. Mr. Speaker, I want est tariff levels of at least 40 percent if to thank my colleague, the gentleman capability. The administration must take this the steel industry is to recover. from Pennsylvania (Mr. ENGLISH), for lead in developing a plan to address the Last year, the President directed the his work on this and for his work for critical legacy costs which are pre- International Trade Commission to un- his constituents in Pennsylvania. venting the industry from restruc- dertake one of the most extensive and We have would not be here if the turing. The progress of the President’s complex investigations into the section President had not invoked section 201; comprehensive steel strategy dem- 201 history. I applaud the President for and we would not be here if the ITC, onstrates once again his strong, deci- this leadership, very much needed as- the International Trade Commission, sive leadership on behalf of America, sistance for an ailing industry. The had not found in essence in our favor American workers and American fami- International Trade Commission ruled that there has been some illegal dump- lies. It is now time to take the next unanimously that nearly 80 percent of ing. step and implement a remedy that the product lines of the American steel We hear a lot on trade, and a lot of would be advantageous to the U.S. industry have been seriously damaged the debate stems around free and fair steel industry. I am confident that this by surges of low-priced foreign imports. trade. I think it is pretty clearly evi- Congress working with this President The most severe violations of U.S. dent that when trade is not fair then will provide help for those who have trade laws have taken place since 1998. we need to do just what we did in this lost their jobs and benefits as a result The devastating impact that low- case so far. What we have done so far is of the bankruptcy of the steel industry. priced steel imports have had on Amer- asked for a section 201 hearing that has The 40 percent tariff that we suggest ican steel companies is amply evident; been found in our favor, and now the would bring the domestic steel indus- and, as a result of foreign dumped steel administration has to finish the deal. try back to a level playing field with since 1998, 31 steel companies have filed They have a deadline of March 6 in foreign competitors and hopefully for bankruptcy nationwide. Of these, which they are going to recommend bring an end to the steel crisis in our four are located in my home State, Illi- the type of penalties that this country country, not only for the factory itself, nois, which has caused over 5,000 Illi- would like to see to get our steel indus- but for the workers, and not just for nois steelworkers to lose their jobs. try back on sound footing; and, as with the current day workers but for the re- The International Trade Commission every other issue, there is always a de- tirees. has recommended the President impose bate of what those penalties should be. I appreciate all the gentleman from tariffs of up to 40 percent on a broad Well, the Steel Caucus, which the Pennsylvania (Mr. ENGLISH) has done variety of steel products over a 4-year gentleman chairs and which we have on this behalf since the day he arrived period. I strongly urge the President to many members of, have tried to weigh here. We have made great inroads in impose the highest tariff rate for 4 in on this. We have sent a letter to working it together across the party years on all subject steel categories as President Bush asking for a minimum lines and the caucus. And I am really the first step in saving our American of 40 percent tariff to be implemented proud of what the President has done steel industry and the jobs and the over 4 years on all imported steel prod- with this issue. Now we want to him health insurance of Illinois steel mak- ucts. That is what we can do now, and finish the job and get the work done. ers and over 50,000 retirees in Illinois. I am glad to have signed that letter Mr. ENGLISH. Mr. Speaker, I want The domestic steel industry has in- and sent that. to thank the gentleman, and I want to vested billions of dollars in upgrading

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.148 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H627 and modernizing its facilities and, as a look at ways to address the industry’s ing arrangements by foreign steel ex- result, is among the most productive legacy costs, clearing the way for a do- porters. These cartels are aimed at us. makers of high-quality steel in the mestic steel renaissance. Continued co- Obviously, Mr. Speaker, the steel in- world. No industry, no matter how pro- operation between Congress and the dustry is the victim of predatory trade ductive, however, can compete against Bush administration is the only way of practices, and we desperately need the onslaught of low-priced and often ensuring the viability of the domestic strong relief under section 201 of the unfairly traded steel imports. It is im- steel industry. U.S. trade laws. This is allowable under perative we send the strongest possible Let us think a minute about the fun- the WTO rules. In this case, the Inter- message to deter our trading partners damental causes of this crisis. In my national Trade Commission determined from further illegal dumping and to view, one of the underlying causes is a damage has occurred and made rec- give the domestic steel industry the massive foreign inefficient over- ommendations for tariffs to the Presi- time it needs to recover from its in- capacity. Looking at this graphic, as dent. The March 6 deadline for the jury. Anything less would be a dis- my colleagues can see, from 1998 to 2000 Bush administration to make a deci- service to those working men and the United States consumed 131 million sion is fast approaching. I call upon the women who are counting on govern- metric tons of steel, while the former President to recognize the needs of our ment to stand up for them. Soviet Union, which is NIS on that domestic industry. Significant relief is In this body last year we have delib- graphic, alone produced 114 million necessary in order to return steel erated several trades issues and even metric tons. The entire foreign excess prices to their normal precrisis levels this year. Some are disagreed upon and raw steelmaking capacity averaged 268 and allow American steel companies to some have total agreement, and it is metric tons, which is more than twice make the necessary investments to re- not even by party lines. Unfortunately, the level of average U.S. steel con- main viable and competitive in the fu- it is by geographical, cultural dif- sumption. Massive foreign steel over- ture while providing good paying jobs. ferences, many times, rather than capacity, created and sustained by abu- Tariff rates must be substantial in party line. sive government subsidies, protected order to ensure that import prices re- And we have a healthy debate. One markets and anticompetitive practices, turn to market-based levels. The sec- was such as permanent normal trade resulting in a diversion of excess steel tion 201 remedy must be enforced for at relations with China. The reason I re- products into the U.S. market. least 4 years to allow the domestic sisted that proposition and opposed it Going to the next graphic, it is obvi- steel industry to make the necessary is that in my 19th District in Illinois ous that raw steelmaking capacity has adjustments to be competitive. A we are exporting jobs because of trade greatly exceeded steel consumption in shorter duration, I feel, will simply be policies such as free trade and the many areas of the world during the last ineffective. P.N.T.R. motion that we looked at and 3 years. Again, the former Soviet Section 201 relief must not replace debated on this floor. Union is producing more than 120 mil- existing orders under the antidumping lion metric tons of steel than it needs. and countervailing duty laws. If these 1945 b Even Brazil is producing almost 20 mil- orders are set aside, hard won as they I know that many people have stock lion more metric tons of steel than it are, any remedy will be perversely re- in the fact that this will help us, our needs for domestic consumption. And warding those foreign producers that country; but I say right now, in the make no mistake, the excess produc- engage in unfair trade. That is some- 19th district, that is just the opposite tion is being dumped in our domestic thing that I would think we all would case. market. And they say it is our fault. agree we do not want. We had 10 years of China breaking Mr. Speaker, a key point to under- To further these remarks, I would their word, violating their contracts stand is that American steel companies like to yield to the gentleman from with this country on items that left us and their workers have already done Ohio (Mr. BROWN), a member of our $82 billion in trade deficit. Now, the their part to create a world-class com- caucus, a gentleman who has been very reason I mention that is in this con- petitive industry during recent years. involved in the steel issue from the text. One blow after another to the They have invested more than $60 bil- get-go. American worker is adding to a serious lion in steel plant modernization since Mr. BROWN of Ohio. Mr. Speaker, I situation not only of our economy but 1980 to become among the most produc- thank the gentleman for yielding to me the quality of products that we produce tive steel producers in the world with and for his leadership on steel issues as even for our defense system; and that as few as 11⁄2 man hours needed per ton American workers and corporations try borders on compromising our national of steel produced. To achieve these ad- to fight back against this terrible situ- security. vances in productivity, the U.S. steel ation that we have seen coming for the I yield back to the gentleman and industry reduced capacity by more last 3 or 4 years. thank him for his courtesy. than 23 million tons, closed numerous The U.S., as we know, has become Mr. ENGLISH. I thank the gen- inefficient mills, and significantly cut the world’s steel dumping ground, cost- tleman, and I will resume making some jobs. The workers have endured their ing U.S. jobs, hurting U.S. families, of the points I had been making; and fair share of economic pain and sac- and damaging the U.S. economy. Dur- then, in a few minutes, I will recognize rifice as the workforce was reduced by ing the 1998 steel crisis, the trade def- another member of the steel caucus, hundreds of thousands of workers in an icit in steel was almost $12 billion, ac- the gentleman from Ohio (Mr. BROWN), effort to become the most efficient pro- counting for nearly 7 percent of our who has been a leading advocate of this ducers of steel. overall trade imbalance. We have cause. As this graphic reflects, U.S. produc- known from other Special Orders in Summarizing the last two speakers, tivity measured as output-per-worker this body and from other debates in it is clear that the International Trade has nearly tripled since 1980, according this body that legislation like NAFTA, Commission has given the Bush admin- to the U.S. Commerce Department. GATT, which formed the World Trade istration the tool that it needs to get These are the official statistics. The Organization, PNTR, giving special action. Tariffs in the range of 40 per- industry average has gone from using trading privileges to China, and Fast cent are clearly needed if the industry 10 man-hours to produce a ton of steel Track legislation, which passed this is to recover. But, Mr. Speaker, we rec- to just 4, all the while the net ship- body by one vote last year, that this ognize the March 6 decision is only the ments of steel have grown from just body of trade law that this Congress in first inning; 201 action must be fol- over 90 million tons to 110 million tons. my mind has wrongly passed, has dam- lowed by a concrete commitment from That is extraordinary. But when com- aged this country and that has put us our trading partners to reduce ineffi- peting with the unfair trading prac- in this situation where we have these cient global overcapacity. tices of our foreign competitors, it is huge trade deficits. And our steel def- Again, I have to congratulate the simply not enough. Much of the world’s icit is one of the major parts of that. President for his understanding of the major steel markets have formal steel That means that we are buying a lot issue and his foresight in initiating the import barriers to foreign steel or are more steel in this country than we are OECD talks. Beyond that, we must subject to international market-shar- exporting, $11.7 billion worth. The bulk

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.150 pfrm04 PsN: H27PT1 H628 CONGRESSIONAL RECORD — HOUSE February 27, 2002 of these imports in steel were sub- his word, we call for him to do the 40 from which to compete. It is important sidized by foreign governments and il- percent tariffs for 4 years. Anything that Congress move on section H.R. 808 legally dumped below market prices in less simply will not cut it. and override the Republican leadership the United States. Under Federal trade It does not mean 40 percent with hun- to stop it. It is important that Con- law, and international trade law too, it dreds of exceptions, as steelworker gress stop passing legislation like Fast is illegal to subsidize a product president Mr. Leo Gerard told the gen- Track and NAFTA and the World Trade through a variety of different means tleman from Pennsylvania (Mr. Organization, the way it was created, that governments do and then sell it ENGLISH) and me and some others this and PNTR for China, and all the trade under cost into another country, there- afternoon. We must protect the 700,000 agreements that have put us behind by undercutting that domestic indus- hard-working families who rely on this the 8-ball. try’s products. industry for their salary, for their pen- It is important that this Congress Today, we import 39 million tons of sions, for their health benefits, and all and this President finally do the right steel, more than double the amount we of us who rely on this industry for our thing for American workers. I thank imported in 1991, and steel prices are national security. my friend from Pennsylvania for his below 1998 levels. The surge in illegally The steelworkers at Weirton Steel, good work and I yield back to him. dumped steel has obviously been in- where then Vice Presidential candidate b 2000 credibly damaging to the domestic Cheney made, I hope, a genuine prom- steel industry. Since 1998, 26 steel com- ise, and to the workers at RTI in Lo- Mr. ENGLISH. Mr. Speaker, I con- panies have filed for bankruptcy, 17 in rain, in Canton, in Madison, Ohio, the gratulate the gentleman for his great the last year. That includes three in workers at LTV in Cleveland, and all advocacy for the cause of steel. my State, including LTV in Cleveland, over this country, are absolutely Mr. Speaker, this administration has including RTI in Lorain, where there is counting on the President to do the done more than the last administration a major plant in Lorain and the com- right thing to stop these unfair trade did so far; and that is very, very en- munity which I call home. practices. Since this President took of- couraging. Also, a bill like H.R. 808 was Steelworkers from LTV and RTI are fice, we have lost a million industrial brought up by this House Republican learning firsthand how unfair competi- jobs in this country. I wonder how leadership, passed the House over- tion is destroying America’s ability to many workers must file for unemploy- whelmingly, and was killed in the Sen- make steel. The White House and the ment before President Bush and Vice ate. This is not so much a partisan Congress must respond. Congress must President Cheney honor their cam- issue. The importance is that we need pass H.R. 808, the Steel Revitalization paign pledge, not to do this half-baked, to move now the strong remedies nec- Act. It has bipartisan cosponsors, the but to do the full 40 percent. More and essary to put this critical, strategic in- gentleman from Pennsylvania (Mr. more Americans are joining the ranks dustry back on an even keel. ENGLISH), the gentleman from Illinois calling for Washington to assist this We also know an effective remedy is (Mr. PHELPS), who was here earlier, and industry. the only way to stimulate foreign gov- 200-plus Members of this body who have Again, we ask for Republican leader- ernments and steel producers to make cosponsored that bill. ship here to move on H.R. 808. It clear- the difficult decisions that U.S. pro- The Republican leadership, the gen- ly will pass this Congress. It has plenty ducers have already made to mod- tleman from Texas (Mr. DELAY), and of cosponsors. We ask the President to ernize, eliminate inefficient capacity others, have refused to schedule it for a move on section 201 on implementing it and rationalize, bringing stability and floor vote. It would make all the dif- and calling in these tariffs. balance to the global steel market. ference in the world in revitalizing this Now, in addition, it is important that Looking at this next graphic, we Nation’s steel industry. Because this this Congress do something about so- know that a 40 percent tariff would Congress has failed to act, because the called legacy costs. Legacy costs are provide more than $1.4 billion of oper- Republican leadership in this Congress what is left for those workers who are ating revenue for our domestic pro- has not given the means to even allow retired; who, when these companies go ducers. A substantial tariff-based rem- us to have a vote on these very crucial out of business, lose at least 20 percent, edy is the only way to prevent the loss issues to protect American steel, it is sometimes as much as 40 or 50 percent of thousands of additional steel-related up to the President. of their pensions, and who lose all of jobs and will send a clear message to On March 6, the President will an- their health care benefits. In virtually foreign producers that the United nounce his decision on the rec- every other steel producing country in States is not a dumping ground for ex- ommendation of the International the world, especially Western Europe, cess steel product. Trade Commission for tariffs on ille- we are seeing companies, as President Going to the next graphic, even with gally dumped steel. We need a strong Leo Gerard told us today, we are seeing the 40 percent tariff, people need to un- response. As the gentleman from Illi- more and more companies joining to- derstand prices would still be well nois (Mr. PHELPS) and others have said, gether in larger companies; and we are below the 20-year average on hot- we need a 40 percent tariff, which is seeing government help with these leg- rolled, cold-rolled, hot-dipped galva- what the ITC has recommended, if the acy costs, with social costs, with nized steel and coil plated. President goes along. health care benefits, with retirement. Even with the 40 percent tariff, prices A year and a half ago we heard Vice And we have to compete with those would still be below the 20-year aver- President Cheney, while in Weirton, companies. age. So much for the dramatic price in- West Virginia, say we will never lie to The only way for Congress to do that crease as a result of tariffs that some you. If our trading partners violate is for us to deal with these legacy costs opponents of relief for the domestic in- trade laws, he told steelworkers, we for these workers who simply do not dustry have been arguing; and com- will respond swiftly and firmly. We have anywhere to turn at the age of 58 paring the pricing trends of steel to need the administration’s swift re- or 62 or 64, or even before they are eli- other industries, going to the next sponse; we need their firm response on gible for Medicare. And there are hun- graphic, according to the Bureau of steel dumping now more than ever. dreds of thousands of American steel- Labor Statistics, the price of construc- If they are sincere about helping workers whose companies have gone tion machinery and equipment has in- steel, and I take them at their word, bankrupt, who are about to lose their creased about 60 percent during the although there has been a pretty big medical care, who are about to lose up last 20 years. I realize that this graphic delay in the President acting, he was to half, at least a quarter, a fifth or a is confusing and looks like something originally supposed to act in mid-Feb- quarter of their pensions. that Washington would conceive of, but ruary, and every day the President It is important the President do the if Members look at the actual details, fails to act, every day of delay causes right thing on or before March 6. We if Members know that the price of more duress to the American steel in- need the 40 percent tariff. We need that products such as motor vehicles have dustry, more layoffs, more bank- tariff in effect for 4 years until this in- risen by about 45 percent since 1981, ruptcies, and more likely failed steel dustry gets back on its feet and Amer- paper has risen 55 percent, food has companies; but taking the President at ican steel can have a level playing field risen 40 percent, steel prices during

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.152 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H629 that same time have increased less Entire American communities have achieve this goal has placed an enor- than 5 percent. That shows that steel been devastated by this import crisis, mous burden on the industry, and that has managed to maintain a relatively and I would like my colleagues to con- burden is these legacy costs: health low cost and has actually declined as a sider that regions already experiencing and pension liabilities for steelworkers cost in relative terms. Anything that hardship as a result of the current re- who lost their jobs as a result of the we do as part of this remedy is not cession are being dealt a devastating massive industry downsizing which oc- going to create a problem with the rel- blow by the massive levels of low- curred especially during the period of ative price of steel. priced imports. The loss of good-paying the 1980s through the present as a re- Tariff-based remedies will not harm steel industry jobs directly impacts sult of injurious, unfair trade. U.S. consumers. Increases in steel thousands of workers in other sectors Legacy costs have put the industry prices have minimal effect on the price that depend on the steel industry. overall at a significant competitive of end products because steel con- The U.S. manufacturing sector, in- disadvantage versus foreign competi- stitutes only a small share of the total cluding the steel industry, has one of tors whose governments have assumed cost of most products that contain the highest multiplier effects. For these same costs. Congress, the admin- steel. Think about it. For a typical every $1 of a manufactured product istration, and the industry must con- family car, the increase caused by the sold to an end user, an additional $1.19 tinue to work together to address these imposition of a 40 percent tariff would of intermediate activity is generated. costs that serve as a critical barrier to be about $60, $60 on the cost of an auto- The steel industry is a major consumer industry consolidation. While this is a mobile. For a refrigerator, the increase of computers and other high-tech would be a cost of about $3. That is not time of enormous crisis for the indus- equipment. It is also a major user of try, we need to recognize it is also a enough to affect consumer decisions. transportation industries such as rail, On this graphic, as measured by the time of unique opportunity. This is a trucking, and shipping. chance to facilitate an important, Department of Commerce, steel’s share Steel-generated demand for key raw of total costs is 0.8 percent for con- long-term restructuring to allow for materials, coal, coke, iron ore and significant capacity reduction and help struction, 3.4 percent for motor vehi- limestone provides employment in a cles and parts, 5.4 percent for other create an industry poised to compete number of regions where, frankly, transport equipment, 6.8 percent for over the long run with any competitor other jobs are scarce. The steel indus- household appliances, 4.6 percent for in the world. try is also a major contributor to the electrical industrial apparatus, and for Mr. Speaker, we have reached a piv- U.S. tax base, including the tax base of the highest of Commerce’s categories, otal point in stabilizing the American State and local governments. steel industry and ensuring good-pay- fabricated metal products, steel’s share There is another dimension that I ing jobs for its workers. The Bush ad- of total cost is less than 16 percent. would encourage my colleagues to That clearly indicates that by seek- ministration took a monumental first think about, and that is a healthy do- ing this remedy, we are not going to step. I encourage the administration to mestic steel industry is a cornerstone create a problem for the domestic follow through by enacting tough tar- of our national defense. Steel is an in- economy. Since 1995, the price of fin- iffs that will truly provide relief for a dispensable component of many weap- ished goods has risen 11 percent while besieged industry and its struggling ons and weapon systems, as well as the the cost of steel mill products has de- employees. ships, tanks and other vehicles that clined 16 percent. The steel-consuming Many of our manufacturers face carry these systems and our dedicated industries have been running around growing and cumulative competitive troops. In my district, Erie Forge and Washington suggesting that relief disadvantages in the international Steel is the sole producer of propeller under section 201 will not return profit- market. While the European Union shafts that are used in Navy ships, and ability to the domestic steel industry may loudly voice their objections to they are just coming out of Chapter 11 by raising prices while at the same strong tariffs as not necessary to fix bankruptcy with a new buyer. time arguing that relief will raise con- America’s problem, the percentage of sumer prices to prohibitive levels. The President and many other U.S. government leaders recognize that steel dumped into their market is sig- According to a study by Professor nificantly lower than that dumped on Jerry Hausman, an economist at the steel and national security go hand in hand. At a time when we are trying to our shores, and I would like to dem- prestigious Massachusetts Institute of onstrate that with another graphic. Technology, MIT, the tariffs would ac- enhance our national security and we are thinking anew about the need to As Members can see, not since 1960 tually have a minimal effect on prices, have we been on a relatively even keel costing the average consumer $2 a have a strong defense, defending the with the Europeans when it comes to year, and having no negative effect on steel industry should be a top priority. receiving excess foreign steel. The for- the U.S. economy. It is vital to U.S. national economic se- We can reach out and successfully curity and to our homeland security eign excess steel dumped in the United impose 40 percent tariffs, and it will that America does not become dan- States has steadily grown since then, have a minimum impact on consumer gerously dependent on offshore sources topping off at 30 percent while the EU prices. Hausman said the assumptions of supply for, among other things, the hovers at 15 percent. The EU’s argu- from the consuming industry’s trade steel that goes into our transportation ment simply does not hold water. action coalition are fundamentally security infrastructure such as high- Mr. Speaker, the plight of the steel flawed. Using the same model, but with ways, bridges, railroads and airports; industry is grim, but both Congress and accurate assumptions that truly reflect the steel, that goes into our health and the administration are working hard to the current steel market, the studies public safety infrastructure, such as give employers the tools that they show that the section 201 remedies waste and sewage treatment facilities need to be competitive in the global would provide a net benefit of about $9 and the public water supply; the steel market. Nothing will solve today’s billion to the U.S. economy. The same that goes into our commercial, indus- steel crisis in this sense: the damage is consuming industries that are saying trial and institutional complexes such already done. Instead, we must seek to that they will be placed at a severe dis- as schools, hospitals, retail stores, ho- apply the lessons learned in today’s advantage because of these tariffs on tels, churches and government build- crisis, put reforms into place so noth- steel have not had to endure the same ings. We must maintain a viable do- ing like this will happen again. stagnated prices on their products dur- mestic steel industry if our country We need to have substantial tariffs to ing the last 20 years. My previous and our economy is truly to be secure. begin this process. We must do this in graphic, those steel-intensive indus- The gentleman from Ohio brought up order to provide some security for the tries such as construction machinery, the issue of legacy costs, and we need 62,000 American steelworkers as well as equipment and motor vehicles, have to recognize that 2 decades of 600,000 retirees and their dependents. seen the price of their product increase downsizing have created a domestic Without this action, the future of our 60 and 40 percent respectively since steel industry that is highly efficient domestic steel industry as well as our 1981. I will say it again: steel prices with modern facilities; but the economy and our national security will have increased less than 5 percent. downsizing that has occurred to remain very much in question.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.154 pfrm04 PsN: H27PT1 H630 CONGRESSIONAL RECORD — HOUSE February 27, 2002 b 2015 ginia. Unfortunately, it is one of the Pennsylvania (Mr. ENGLISH), for his With that, I would like to yield to many segments that has been stag- great leadership on this issue and for another of my colleagues, a great mem- gered by rising imports and falling actually having this administration be ber of the Steel Caucus, the gentleman prices. so well educated to actually file the 201 from West Virginia (Mr. MOLLOHAN). Imports of tin mill products have in- investigation and really to have gotten Mr. MOLLOHAN. I thank the gen- creased by 200,000 tons. Prices have us to the point where we are today. tleman for his leadership in this area fallen by $65 per ton. Imported tin mill It is an honor for me to speak here on and for yielding. products jumped 50 percent from De- behalf of those in my district and Madam Speaker, I rise today in sup- cember, 2001, to January, 2002, a throughout this Nation who have made port of America’s steel industry, steel- monthly record. the steel industry what it was and workers and steel communities. The ITC’s vote on tin mill products what it should be today, very strong Just 7 days remain for the President was a three-to-three tie. Of the three and a very highly mechanized, very to issue his decision on the future of who voted that the domestic industry technical and very much improved in- our domestic steel industry. To his was injured by imported tin mill prod- dustry over the last many years. credit, the President requested that ucts, two voted for tariffs of 40 percent, Unfortunately, we have not been the International Trade Commission 38 percent, 36 percent and 31 percent; reaping the benefits that that industry conduct a section 201 investigation to and one voted for tariffs of 20 percent, has earned over the last several years. determine if steel imports injured the 17 percent, 14 percent and 11 percent. As I know has been discussed by sev- domestic steel industry. Last year, the Because of the tie, the law states that eral other Members earlier this ITC held a lengthy hearing process in no remedy recommendation can be evening, we have not reaped the bene- which it heard testimony about, and made to the President. fits because of foreign nations sub- concluded that, serious injury had been However, even without a tin mill sidizing their steel and dumping it at caused to the steel industry by im- products recommendation, the Presi- below market costs here in this coun- ports. The ITC ruled that sharp in- dent can still enact a remedy if he so try. creases in 16 product categories have chooses. If the President provides tariff I had the opportunity to speak with injured, or could seriously injure, U.S. relief on other products but not on tin the President, as I know many of my steel companies. Various tariff levels mill products, other nations will likely colleagues have, about this issue. We were recommended by the ITC. Now we offset their losses and flood the U.S. were instrumental in making the deci- await the President’s response and the tin mill products market. This is called sion to file that 201 investigation. I am President’s action. product shifting. I urge the President, pleased that once the ITC had the op- For 4 years now, our domestic steel in the strongest terms, to include tariff portunity to review the issue that they industry has been engaged in a brutal remedies for tin mill products in his did agree with us that foreign steel fight for survival. Foreign steelmakers remedy decision. dumping, in a 6–0 decision, in fact, that have flooded our markets with their We are truly at a crossroads in the those products being imported into the products, much of it illegally sub- steel industry. The cause of our steel United States are being imported below sidized. These imports have pushed 31 crisis is, simply put, massive foreign cost and also in increased quantities, of our steelmakers into bankruptcy overcapacity. The ITC’s section 201 in- that they are the substantial cause of and forced our workers into the unem- vestigation provided overwhelming evi- the injury to the United States steel ployment lines. We desperately need dence that the industry is seriously in- industry, not the lack of mechaniza- relief that restores prices to reasonable jured. Six commissioners unanimously tion and modernization of our indus- levels. This decision that we await agreed that the increase in imports was try. from the President is our domestic a substantial cause of serious injury. In I want to say, I represent a part of steel industry’s last chance for sur- fact, last Tuesday, the U.S. Bureau of western Pennsylvania that has been vival. Census released preliminary data show- known for being very strong in the As my colleagues know, the over- ing that all steel imports rose from 2 steel industry. Unfortunately, we have whelming majority of commissioners million net tons in December to 2.5 lost many, many jobs over the last sev- at the ITC recognized that substantial million tons in January. So even in the eral years. Not only did we have a very tariffs of 20 to 40 percent must be im- face of possible tariffs, foreign coun- difficult time in the 1970s and 1980s, but posed in order to address the steel im- tries continue to dump steel in our once again, since 1986, for example, we port problem and return prices to their market. have lost over 20,000 steelworker jobs normal, pre-crisis levels. In this mar- More than 325,000 American jobs are and five major plants in Beaver County ket environment, however, 20 percent at risk if serious, swift and decisive ac- alone, Babcock & Wilcox, Crucible, tariffs simply will not be enough. I join tion is not taken. According to calcula- LTV, Armco and American Bridge. my colleagues in asking the President tions based on measurements by the The problems, though, did not get to impose the highest level of tariffs, 40 Bureau of Labor Statistics, the U.S. better once the industry did modernize percent, because it is the only way to Department of Labor and independent and consolidate. It has gotten worse. ensure the future of our steel industry. economic analysts, every job in the Allegheny County, where I live, Butler And, further, any section 201 remedy basic steel industry supports at least County, Fayette County, Washington must be enforced for at least 4 years to three other jobs in other industries. County in western Pennsylvania and demonstrate the seriousness of the ad- Without significant tariff remedies, Westmoreland County where I rep- ministration in addressing excess ca- our steel industry, our steelworkers, resent have all lost jobs, not again be- pacity. and our steel communities will be deci- cause of their lack of technology but Lastly, a tariff-based remedy must be mated. I join my colleagues in asking because of steel dumping. It is the un- applied across all flat products, includ- the President to issue strong tariff fair trade that has caused these prob- ing slab. If the remedy is different for remedies for our steel industry. lems. different products, the imports will Mr. ENGLISH. I want to thank the I would urge everyone involved who just shift to the product with the low- gentleman for his involvement in our has the opportunity to have some input est tariff, and the remedy will be gut- Steel Caucus. One of the things that now with the administration to encour- ted. has made being chairman of the Steel age them to stand along with my col- I would like to take a moment to ad- Caucus such an extraordinary pleasure leagues in the Steel Caucus and our dress one particular problem, tinplate. is the involvement of people like him chairman, the gentleman from Penn- The district that I serve is home to and like you, Madam Speaker, both of sylvania (Mr. ENGLISH), and push for a Weirton Steel and Wheeling-Pittsburgh you from West Virginia, and also from very effective remedy. It appears that Steel. Both have a significant stake in our last, final speaker of the evening, that will happen next week. We have tinplate production. In fact, probably the gentlewoman from Pennsylvania the opportunity to actually help our no district in the Nation has a higher (Ms. HART), to whom I will yield. steel industry survive. We need to have concentration of tin mill production Ms. HART. I thank the chairman of a serious and effective remedy. What than the First District of West Vir- the Steel Caucus, the gentleman from we are asking for, what the industry

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4634 Sfmt 0634 E:\CR\FM\K27FE7.156 pfrm04 PsN: H27PT1 February 27, 2002 CONGRESSIONAL RECORD — HOUSE H631 has been asking for, is a strong rem- effect on imports and already it is hav- in the U.S. steel industry, and for their dedica- edy, 40 percent tariffs, something along ing some effect on steel prices, forcing tion and leadership on this crucial issue. that line, for a period of time that will foreign competitors to rethink their Since the late 1990’s, the steady increase in allow our industry to recover, some- strategies and rethink their dumping. imported steel into our country has put the thing that they have earned because of I also want to congratulate the steel- U.S. steel industry and the future of U.S. the good faith they have shown in mod- workers unions, the United Steel- steelworkers and their families in serious jeop- ernizing and moving the industry for- workers Union, the Independent Steel- ardy. To date, 28,000 steelworkers across the ward. workers Union, and the industry which country have lost their jobs. Unfortunately, for too long, the ad- is so diverse yet has come together be- These losses have ripple effects throughout ministrations that ran this country did hind the notion that this 201, coupled their communities. When steel mills close, not pay attention to the steel industry. with a 40 percent tariff through the businesses around them close, people leave It was completely ignored, in fact, President’s initiative, is ultimately their towns and neighborhoods. Bonds and under the previous administration. I going to lead to a strong, competitive, traditions built over years are broken. must credit President Bush, I must world-class American steel industry for We must take action immediately. Now, credit his trade ambassador and some the future. more than ever, we must unite in defense of of the folks who work with him who Mr. STUPAK. Madam Speaker, the health of meaningful protection. It is time to stand firm have listened to us, who have discussed the domestic steel industry is vital to our na- against illegal dumping by foreign competitors. with us the issue and I believe under- tion, and it is the lifeblood of my district of In December, the International Trade Com- stand that it is important for us to northern Michigan. Without meaningful com- mission called on the President to impose tar- take this step now so that we will con- prehensive relief, 40% tariffs over 4 years for iffs on foreign steel—to protect American fami- tinue to have a steel industry in this all segments of the steel industry, including lies. Since then, three steel companies have country at all. Because otherwise I slab steel we will not recover from the current collapsed, leaving hundreds of steelworkers think we are in jeopardy of losing it crisis. without jobs—men and women who have completely. Only the strongest of remedies can offer dedicated years to making the highest quality Between 1997 and 2000, steel imports any hope for our nation’s steel and iron ore in- steel available. from China increased by 212 percent. dustries to survive. Over 30 steel companies By March 6th—just a week away—the From the former Soviet Union area, are in bankruptcy, including the LTV Corpora- deadline arrives for the President to act. He they increased by 167 percent. That is tion, a part owner and customer of the Empire will have to decide whether to protect steel- mostly from the Ukraine. From Tai- Mine in northern Michigan. Michigan’s iron ore workers and their families or to protect foreign wan, by 558 percent. I do not think any- mines have felt the impact of these bank- interests. I strongly urge him to do the right body could say with a straight face ruptcies as the steel companies that have thing and stand with our nation’s steelworkers. that the quality of the steel or the been their customers go out of business one I am proud to stand shoulder-to-shoulder process that they used was that much by one. Most recently as a result of LTV’s with the men and women who are coming to better than ours, and in fact it prob- bankruptcy, the Empire Mine has been shut the Capitol tomorrow to rally for meaningful re- ably was not better at all. down, and over 800 employees are currently lief, for their jobs, for the highest quality steel So I stand here along with my col- out of work. in the world, for a safe future for their families. leagues and I ask that we together, and With the Empire Mine shut down, Michigan Mr. DINGELL. Madam Speaker, the crisis I ask the administration, to work with has only one remaining iron ore mine, the facing the American steel industry not only us together to make sure that our steel Tilden Mine which is located in Marquette jeopardizes thousands of jobs in Michigan and industry and those who have worked in County. The Empire and the Tilden Mines the industrial Midwest, but also threatens the it and built it and built a large part of have been a vital part of the economies of the long-term stability and strength of the Amer- this Nation be rewarded for their hard Upper Peninsula and the state of Michigan. In ican economy. We must commit ourselves as work, be given the opportunity to con- addition to the 2,000 employees of these Americans to making sure our trade laws have tinue to be a strong industry, that they mines, our citizens have been employed in the teeth and our country never becomes depend- can rebuild themselves, that they only transportation of ore from the mines, to the ent on foreign steel. ask that they be given a level playing ports, to the steel mills along the Great Lakes, The events of the last few months should field with other countries that are as well as in the power plants that supply also remind us that the steel crisis also jeop- steel producers, and that we make sure these mines, and many other related indus- ardizes our national defense capabilities. If we that given this opportunity now, that tries. no longer have the mills and workers to the ITC has given us a decision show- I was very pleased by the unanimous find- produce steel, the strength of our armed ing that they have been injured by ing of injury by the U.S. International Trade forces—which today are the world’s most pow- dumping, that they get the oppor- Commission. However, I was troubled by the erful—will be dependent upon our ability to im- tunity again to get back on their feet. relief recommended by a majority of the board port foreign steel. This is an unnecessary Because not only is it important to in the form of a tariff-rate quota on slabs, be- gamble and a grave concern. During World my region, the regions that many of ginning in the first year with a 20% tariff on War II it was our ability to out-produce our my colleagues represent, it is impor- slab imports over 7 million tons. This will be foes in the factory that led to our victory on tant to our entire Nation that we have insufficient relief to the iron ore industry and to the battlefield. a strong steel industry, not only for the steel companies whose blast furnance op- Twenty steel makers have filed chapter 11 the automobile industry, not only for erations must compete with the cheap slab bankruptcy protection since 1998. Steel prices the appliance industry, but for the de- steel that is flooding our country. are at their lowest point in 20 years. Some fense industry, for the defense of this Rather, the relief for semi-finished steel slab 20,000 steelworkers have lost their jobs since Nation, and for our future. must be equivalent to that recommended for 1998. Since 1980, the number of American I thank the gentleman from Pennsyl- the other covered industry products: there steelworkers has fallen from 460,000 to vania for his leadership. must be a tariff on each and every ton that en- 140,000. Statistics have not measured the job Mr. ENGLISH. I thank the gentle- ters this country. We need tariffs of at least and economic losses that have been absorbed woman. I congratulate her particularly 40% on steel slabs. Without such a tariff, mil- by those whose work is tied to the steel indus- on serving within the Steel Caucus, al- lions of tons of slab steel will continue to enter try. ready as a member of the executive the U.S. market at artificially low prices, and Great Lakes Steel once operated with near- committee and one of the effective will continue to harm our domestic industry. ly 12,000 employees; today they employ less leadership, helping us shape the strat- Now is the time to act to save the steel in- than a third that number. During the second egy to bring this issue to the point dustry. Our national security, our manufac- quarter of 2001 alone, their parent company where it has arrived today, where there turing base, our workers, our communities de- lost over $110 million. Rouge Steel is also is an opportunity for the President, pend upon a strong domestic steel industry. struggling to survive; Rouge finished 1999 and through his action, to put this steel in- Now is the time to stand up for steel! 2000 with net losses. dustry on a much more level playing Ms. DELAURO. Madam Speaker, I want to These plants, like many across the nation, field. thank Representatives VISCLOSKY and ENGLISH have been periodically hit by hard times and It is worth noting, since he initiated for organizing tonight’s special order on the have survived. The industry has always gritted the 201, already it has had a substantial crisis facing the hardworking men and women its teeth and survived by relying on what

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4634 Sfmt 9920 E:\CR\FM\K27FE7.157 pfrm04 PsN: H27PT1 H632 CONGRESSIONAL RECORD — HOUSE February 27, 2002 makes it competitive in the world market: qual- edy on slab, the pressure for domestic pro- sented to the President of the United ity. It has continually improved productivity and ducers to shut down their hot-ends and stop States, for his approval, the following product. In fact, the steel industry has invested making steel will be unstoppable. bill. nearly $35 billion in steel plant modernization Regardless of the President’s decision, Con- H.R. 2998. To authorize the establishment since 1995. The productivity of the American gress’ job is not finished. We must examine of Radio Free Afghanistan. other ways to assist the steel industry, includ- steel industry has improved 180 percent since f 1980. ing addressing the problem associated with For the last few decades, we have world legacy costs. If nothing is done, and the fed- ADJOURNMENT economies becoming more interdependent. eral government does not intervene, 600,000 Mr. ENGLISH. Madam Speaker, I Some job losses in the industry could not be retirees will lose their hard-earned health care move that the House do now adjourn. avoided, but American steel regrouped and benefits. The motion was agreed to; accord- I implore my colleagues to join me in urging made itself competitive on the world market- ingly (at 8 o’clock and 29 minutes the President to enforce our trade laws, follow place. All the industry and workers asked in p.m.), the House adjourned until to- the recommendations of the ITC, and stand up return was for a level playing field with foreign morrow, Thursday, February 28, 2002, for American industry and American workers. competitors, and that trade laws be enforced. at 10 a.m. We all know this has not happened, particu- Now is the time to level the playing field and larly over the last five years. Subsidized for- end illegal foreign steel dumping, and save the f eign steel from Russia, China, Japan, and American steel industry. OATH OF OFFICE f Brazil has been dumped into the United States The oath of office required by the at prices so low that there is no way the un- SPECIAL ORDERS GRANTED sixth article of the Constitution of the subsidized American steel industry can com- By unanimous consent, permission to United States, and as provided by sec- pete. Last year, steel import levels were 83 address the House, following the legis- tion 2 of the act of May 13, 1884 (23 percent higher than the annual import average lative program and any special orders Stat. 22), to be administered to Mem- for the last eight years. heretofore entered, was granted to: bers, Resident Commissioner, and Dele- Hopefully the playing field will soon be lev- (The following Members (at the re- gates of the House of Representatives, eled, as it must be. On October 22, the Inter- quest of Ms. EDDIE BERNICE JOHNSON of the text of which is carried in 5 U.S.C. national Trade Commission voted that imports Texas) to revise and extend their re- 3331: have been a substantial cause of serious in- marks and include extraneous mate- I, AB, do solemnly swear (or affirm) jury to the U.S. steel industry in affirmative de- rial:) that I will support and defend the Constitu- cisions covering nearly 80 percent of total im- Mr. GEORGE MILLER of California, for tion of the United States against all en- port tonnage. The decision was a significant 5 minutes, today. emies, foreign and domestic; that I will bear step that set the stage to provide a temporary Ms. NORTON, for 5 minutes, today. true faith and allegiance to the same; that I period of strong, effective steel import relief. Mr. LIPINSKI, for 5 minutes, today. take this obligation freely, without any Such relief would provide a period of time to Mr. BONIOR, for 5 minutes, today. mental reservation or purpose of evasion; allow U.S. steel producers to recover and to Ms. MCKINNEY, for 5 minutes, today. and that I will well and faithfully discharge Mr. CUMMINGS, for 5 minutes, today. the duties of the office on which I am about address long-term structural problems in the to enter. So help me God. U.S. and global steel sector. Mr. STRICKLAND, for 5 minutes, It is now up to the President to determine today. has been subscribed to in person and Mr. PALLONE, for 5 minutes, today. what measures will be taken. The Congres- filed in duplicate with the Clerk of the Mr. MORAN of Virginia, for 5 minutes, sional Steel Caucus, of which I am a proud House of Representatives by the fol- today. lowing Member of the 107th Congress, member, has pressed the President to imple- (The following Members (at the re- ment real, meaningful sanctions. On Decem- pursuant to the provisions of 2 U.S.C. quest of Mr. DUNCAN) to revise and ex- 25: ber 7, the ITC voted remedy recommenda- tend their remarks and include extra- tions; 5 of 6 Commissioners voted for four Honorable JOHN SULLIVAN, 1st Okla- neous material:) homa. years of tariffs ranging from 20% to 40% on Mr. DUNCAN, for 5 minutes, today. major categories of finished carbon and alloy Mr. GANSKE, for 5 minutes, March 6. f steel imports. The President will make his de- Mr. WELDON of Pennsylvania, for 5 EXECUTIVE COMMUNICATIONS, cision March 6. Words alone will not suffice. I minutes, today. ETC. have already weighed in with the White House (The following Members (at their own on this matter, and have sent the President— request) to revise and extend their re- Under clause 8 of rule XII, executive along with my colleagues in the steel cau- marks and include extraneous mate- communications were taken from the cus—three letters in the past week alone. rial:) Speaker’s table and referred as follows: High tariffs for four years—at or near the 40 Mrs. JONES of Ohio, for 5 minutes, 5647. A letter from the Congressional Re- percent advocated by the industry and pro- today. view Coordinator, Animal and Plant Health posed by two Republican ITC Commis- Mr. OWENS, for 5 minutes, today. Inspection Service, Department of Agri- sioners—are essential if the industry is to re- Mr. PAYNE, for 5 minutes, today. culture, transmitting the Department’s final cover. Experts have projected that the industry f rule—Change in Disease Status of Slovakia and Slovenia Because of BSE [Docket No. 01– needs to invest $7-9 billion over the next four ENROLLED BILLS SIGNED 122–1] received February 22, 2002, pursuant to years to stay competitive and adjust to import Mr. Trandahl, Clerk of the House, re- 5 U.S.C. 801(a)(1)(A); to the Committee on competition. This can only happen with the ported and found truly enrolled bills of Agriculture. near-term price relief and market stabilization the House of the following titles, which 5648. A letter from the Congressional Re- view Coordinator, Animal and Plant Health that would come from significant tariffs. Sub- were thereupon signed by the Speaker: stantial tariffs will do the following: have imme- Inspection Service, Department of Agri- H.R. 1892. An act to amend the Immigra- culture, transmitting the Department’s final diate but modest price effects; allow domestic tion and Nationality Act to provide for the producers to significantly increase sales quan- rule—Change in Disease Status of Japan acceptance of an affidavit of support from With Regard to Foot-and-Mouth Disease tities; provide certainty in the market; will dis- another eligible sponsor if the original spon- [Docket No. 01–010–2] received February 22, tort trade less than quantitative measures; sor has died and the Attorney General has 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the and, allow the industry to generate the rev- determined for humanitarian reasons that Committee on Agriculture. enue needed for investments. the original sponsor’s classification petition 5649. A letter from the Congressional Re- Inadequate tariffs, such as the 20 percent should not be revoked. view Coordinator, Animal and Plant Health H.R. 3699. An act to revise certain grants Inspection Service, Department of Agri- recommended by the ITC plurality, will likely for continuum of care assistance for home- culture, transmitting the Department’s final be absorbed and will have little or no effect in less individual and families. the market. So-called ‘‘tariff rate quotas,’’ rule—Change in Disease Status of Greece Be- f cause of BSE [Docket No. 01–065–1] received which apply an additional duty only after a cer- February 22, 2002, pursuant to 5 U.S.C. tain volume of imports comes in at low or zero BILL PRESENTED TO THE PRESIDENT 801(a)(1)(A); to the Committee on Agri- duty rates, will provide no benefits and might culture. well be worse than nothing at all. Relief on Jeff Trandahl, Clerk of the House, re- 5650. A letter from the Congressional Re- slab is also critical. Without an effective rem- ports that on February 27, 2002 he pre- view Coordinator, Animal and Plant Health

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Inspection Service, Department of Agri- 021–FOR] received February 22, 2002, pursu- TERRY, Mr. VITTER, Mr. ARMEY, Mr. culture, transmitting the Department’s final ant to 5 U.S.C. 801(a)(1)(A); to the Committee ROGERS of Michigan, Mrs. MYRICK, rule—Change in Disease Status of the Czech on Resources. Mr. AKIN, Mr. SOUDER, Mr. BOOZMAN, Republic Because of BSE [Docket No. 01–062– 5663. A letter from the Assistant Attorney Mr. LINDER, Mr. DOOLITTLE, Mr. 1] received February 22, 2002, pursuant to 5 General, Department of Justice, transmit- CHABOT, Mr. WILSON of South Caro- U.S.C. 801(a)(1)(A); to the Committee on Ag- ting the report on the administration of the lina, Mr. HOSTETTLER, Mr. GOODE, riculture. Foreign Agents Registration Act covering Mr. FLAKE, Mr. HOEKSTRA, Mr. 5651. A letter from the Secretary, Depart- the six months ending June 30, 20010, pursu- ADERHOLT, Mr. GUTKNECHT, Mr. ment of Transportation, transmitting the ant to 22 U.S.C. 621; to the Committee on the ISTOOK, Mr. TOOMEY, Mr. FLETCHER, annual report of the Maritime Administra- Judiciary. and Mr. SENSENBRENNER): tion (MARAD) for Fiscal Year 2000, pursuant 5664. A letter from the Director, Office of H.R. 3805. A bill to amend the General Edu- to 46 U.S.C. app. 1118; to the Committee on Regulations Management, Department of cation Provisions Act to prohibit Federal Armed Services. Veterans’ Affairs, transmitting the Depart- education funding for elementary or sec- 5652. A letter from the Director, Office of ment’s final rule—Special Monthly Com- ondary schools that provide access to emer- Federal Housing Enterprise Oversight, De- pensation for Women Veterans Who Lose a gency postcoital contraception; to the Com- partment of Housing and Urban Develop- Breast as a Result of a Service-Connected mittee on Education and the Workforce. ment, transmitting the Department’s final Disability (RIN: 2900–AK66) received Feb- By Mr. ISRAEL (for himself, Mr. GIL- rule—Risk-Based Capital (RIN: 2550–AA23) ruary 13, 2002, pursuant to 5 U.S.C. MAN, Mr. MARKEY, and Mrs. received February 22, 2002, pursuant to 5 801(a)(1)(A); to the Committee on Veterans’ MORELLA): U.S.C. 801(a)(1)(A); to the Committee on Fi- Affairs. H.R. 3806. A bill to amend title 5, United nancial Services. States Code, to protect those who defend the 5653. A letter from the Secretary, Depart- f United States by exercising their duty as pa- ment of Health and Human Services, trans- PUBLIC BILLS AND RESOLUTIONS triots to warn against the existence of mitting the Department’s annual financial threats to weaknesses created by institu- report to Congress required by the Prescrip- Under clause 2 of rule XII, public tional failures that should be identified and tion Drug User Fee Act of 1992 (PDUFA) for bills and resolutions were introduced corrected in a timely manner, and for other fiscal year 2001, pursuant to 21 U.S.C. 379g nt; and severally referred, as follows: purposes; to the Committee on the Judici- to the Committee on Energy and Commerce. By Mr. KLECZKA (for himself, Mr. 5654. A letter from the Regulations Coordi- ary, and in addition to the Committee on SHAW, Mr. MATSUI, Mr. BRADY of nator, Department of Health and Human Government Reform, for a period to be sub- Texas, Mr. DOGGETT, Mr. SAM JOHN- Services, transmitting the Department’s sequently determined by the Speaker, in SON of Texas, Mr. POMEROY, Mr. RAN- ‘‘Major’’ final rule—Medicaid Program; each case for consideration of such provi- GEL, Mr. RYAN of Wisconsin, and Mr. Modification of the Medicaid Upper Payment sions as fall within the jurisdiction of the LAHOOD): Limit for Non-State Government-Owned or committee concerned. H.R. 3799. A bill to amend title 36, United Operated Hospitals (RIN: 0938–AL05) received By Mrs. JONES of Ohio: States Code, to repeal the Federal charter February 20, 2002, pursuant to 5 U.S.C. H.R. 3807. A bill to protect home buyers for Retired Enlisted Association, Incor- 801(a)(1)(A); to the Committee on Energy and from predatory lending practices; to the porated; to the Committee on the Judiciary. Commerce. Committee on Financial Services. By Mr. DINGELL (for himself and Mr. 5655. A letter from the Administrator, En- By Mr. MCINNIS: MARKEY): vironmental Protection Agency, transmit- H.R. 3808. A bill to provide consistent en- H.R. 3800. A bill to amend the Federal ting a report entitled, ‘‘Visibility in Manda- forcement authority to the Bureau of Land Power Act to reform the hydroelectric li- tory Federal Class I Areas (1994–1998)’’; to the Management, the National Park Service, and censing process, and for other purposes; to Committee on Energy and Commerce. the Forest Service to respond to violations the Committee on Energy and Commerce. 5656. A letter from the Chairman, Con- of regulations regarding the management, By Mr. CASTLE (for himself, Mr. sumer Product Safety Commission, trans- use, and protection of the public lands, Na- BOEHNER, Mr. UPTON, Mr. FLETCHER, mitting the report from the Inspector Gen- tional Park System lands, and National For- Mrs. BIGGERT, Mr. KELLER, and Mr. eral covering the activities of the Office for est System lands, to clarify the purposes for TANCREDO): the period April 1 through September 30, which collected fines may be used, and for H.R. 3801. A bill to provide for improve- 2001, pursuant to 5 U.S.C. app. (Insp. Gen. other purposes; to the Committee on Re- ment of Federal education research, statis- Act) section 5(b); to the Committee on Gov- sources, and in addition to the Committee on tics, evaluation, information, and dissemina- ernment Reform. Agriculture, for a period to be subsequently tion, and for other purposes; to the Com- 5657. A letter from the Chairman, Federal determined by the Speaker, in each case for mittee on Education and the Workforce. Housing Finance Board, transmitting the consideration of such provisions as fall with- By Mr. HAYWORTH: semiannual report on the activities of the in the jurisdiction of the committee con- H.R. 3802. A bill to amend the Education Office of Inspector General ending Sep- cerned. Land Grant Act to require the Secretary of tember 30, 2001, pursuant to 5 U.S.C. app. By Mr. MEEKS of New York: (Insp. Gen. Act) section 5(b); to the Com- Agriculture to pay the costs of environ- mental reviews with respect to conveyances H.R. 3809. A bill to amend the Internal Rev- mittee on Government Reform. enue Code of 1986 to stimulate economic de- 5658. A letter from the President, James under that Act; to the Committee on Re- sources. velopment by enhancing the availability and Madison Memorial Fellowship Foundation, benefits of small issue bonds; to the Com- transmitting the annual report under the By Mr. BOSWELL (for himself, Mr. POMEROY, and Mr. SHOWS): mittee on Ways and Means. Federal Managers’ Financial Integrity Act of By Mr. NUSSLE (for himself and Mr. 1982, pursuant to 31 U.S.C. 3512(c)(3); to the H.R. 3803. A bill to amend the Packers and THUNE): Committee on Government Reform. Stockyards Act, 1921, to prohibit livestock 5659. A letter from the Inspector General, packers from owning or feeding livestock in- H.R. 3810. A bill to prohibit livestock pack- Railroad Retirement Board, transmitting tended for slaughter for more than 14 days ers from owning or feeding livestock in- the budget request for the Office of Inspector before such slaughter; to the Committee on tended for slaughter for more than 14 days General, Railroad Retirement Board, for fis- Agriculture. before such slaughter, to prohibit excessive cal year 2003, pursuant to 45 U.S.C. 231f(f); to By Mr. BROWN of Ohio (for himself, concentration resulting from mergers among the Committee on Government Reform. Mr. WAXMAN, and Ms. SLAUGHTER): certain purchasers, processors, and sellers of 5660. A letter from the Chair, Railroad Re- H.R. 3804. A bill to amend the Federal livestock, poultry, and basic agricultural tirement Board, transmitting the semi- Food, Drug, and Cosmetic Act to ensure that commodities, to require the Attorney Gen- annual report on activities of the Office of use of certain antibiotic drugs in animal ag- eral to establish an Office of Special Counsel Inspector General for the period April 1, 2001, riculture does not compromise human health for Agriculture, and for other purposes; to through September 30, 2001, pursuant to 5 by contributing to the development of anti- the Committee on Agriculture, and in addi- U.S.C. app. (Insp. Gen. Act) section 5(b); to biotic resistance; to the Committee on En- tion to the Committee on the Judiciary, for the Committee on Government Reform. ergy and Commerce. a period to be subsequently determined by 5661. A letter from the Acting Director, Of- By Ms. HART (for herself, Mr. PITTS, the Speaker, in each case for consideration fice of Surface Mining, Department of the In- Mr. BROWN of South Carolina, Mr. of such provisions as fall within the jurisdic- terior, transmitting the Department’s final RYUN of Kansas, Mr. GRUCCI, Mr. tion of the committee concerned. rule—Kansas Regulatory Program [KS–022– SMITH of New Jersey, Mr. BRADY of By Mr. PAUL: FOR] received February 22, 2002, pursuant to Texas, Mr. SHIMKUS, Mr. DEMINT, Mr. H.R. 3811. A bill to amend the Federal 5 U.S.C. 801(a)(1)(A); to the Committee on PICKERING, Mr. FORBES, Mr. BURTON Food, Drug, and Cosmetic Act to establish a Resources. of Indiana, Mr. SCHAFFER, Mr. BART- system independent of the Food and Drug 5662. A letter from the Acting Director, Of- LETT of Maryland, Mr. SHOWS, Mr. Administration for the review of health fice of Surface Mining, Department of the In- SHADEGG, Mr. TANCREDO, Mr. MAN- claims, to define health claims, and for other terior, transmitting the Department’s final ZULLO, Mr. TIAHRT, Mr. STEARNS, Mr. purposes; to the Committee on Energy and rule—Louisiana Regulatory Program [LA– WELDON of Florida, Mr. PAUL, Mr. Commerce.

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By Mr. PAUL: Baseball Leagues for their achievements, H.R. 2835: Mr. SCHAFFER. H.R. 3812. A bill to sunset the Bretton dedication, sacrifices, and contributions to H.R. 2868: Ms. ROS-LEHTINEN. Woods Agreements Act; to the Committee on baseball and the Nation; to the Committee H.R. 2908: Mr. LANGEVIN, Mr. UDALL of New Financial Services. on Government Reform. Mexico, Mrs. JOHNSON of Connecticut, and By Mr. RAHALL (for himself and Mr. By Mr. ISRAEL: Mr. HONDA. NEY): H. Res. 352. A resolution providing for con- H.R. 2929: Mr. HONDA. H.R. 3813. A bill to modify requirements re- sideration of the bill (H.R. 3341) to provide a H.R. 2953: Mr. ENGLISH, Mr. CAMP, Mr. lating to allocation of interest that accrues short-term enhanced safety net for Ameri- DREIER, and Mr. ROHRABACHER. to the Abandoned Mine Reclamation Fund; cans losing their jobs and to provide our Na- to the Committee on Resources. H.R. 3017: Mr. FOLEY. tion’s economy with a necessary boost; to H.R. 3105: Mrs. NORTHUP. By Mr. RODRIGUEZ (for himself and the Committee on Rules. Mr. UPTON): H.R. 3113: Ms. KAPTUR and Mr. SCOTT. H.R. 3814. A bill to amend the Public f H.R. 3175: Mr. SENSENBRENNER. Health Service Act to provide for the estab- H.R. 3231: Mr. WICKER. ADDITIONAL SPONSORS lishment of a National Center for Social H.R. 3259: Mr. HANSEN, Mr. GIBBONS, Mr. Work Research; to the Committee on Energy Under clause 7 of rule XII, sponsors SCHAFFER, Mr. SIMPSON, Mr. DOOLITTLE, Mr. and Commerce. were added to public bills and resolu- CANNON, Mr. DUNCAN, Mr. HERGER, Mr. By Mr. ROSS (for himself, Mr. KAN- tions as follows: HEFLEY, Mr. TANCREDO, Mr. OTTER, Mr. PE- JORSKI, Mrs. MALONEY of New York, TERSON of Pennsylvania, Mr. BARR of Geor- H.R. 218: Mr. MICA. Mrs. CHRISTENSEN, Mr. WYNN, Mr. gia, Mrs. BONO, Mr. RADANOVICH, Mr. H.R. 250: Mr. LAMPSON and Mr. BARRETT. SERRANO, Mr. ISRAEL, Ms. LEE, Mr. REHBERG, and Mr. SOUDER. H.R. 257: Mr. KERNS and Ms. PRYCE of Ohio. BOOZMAN, Mr. SNYDER, Mr. THOMPSON H.R. 3285: Mrs. KELLY. H.R. 336: Mr. HINCHEY. of Mississippi, Mr. BERRY, Mr. DIN- H.R. 3321: Mr. BLUNT. H.R. 537: Mr. LUTHER. GELL, Mr. CLAY, Mr. MCNULTY, Mr. H.R. 3333: Mr. SOUDER. H.R. 760: Mr. BAIRD and Mr. ROHRABACHER. FATTAH, Mr. TOWNS, Mr. SHERMAN, H.R. 3358: Mr. STENHOLM. Mr. JACKSON of Illinois, Mr. H.R. 781: Mr. LYNCH. H.R. 831: Mr. BARR of Georgia, Mr. VITTER, H.R. 3375: Mr. RANGEL, Mrs. MORELLA, and CUMMINGS, Ms. WATSON, Mr. JEFFER- Mr. DELAHUNT. SON, Mr. LEWIS of Georgia, Mrs. Mr. LUCAS of Kentucky, Mr. RILEY, and Mr. H.R. 3389: Mrs. MORELLA, Mr. FRANK, Mr. JONES of Ohio, Mr. DAVIS of Illinois, FALEOMAVAEGA. TOWNS, Mr. PALLONE, Mr. LANGEVIN, Mr. Mrs. CLAYTON, Mr. BISHOP, Mr. CAR- H.R. 840: Ms. DELAURO, Mr. SNYDER, and MARKEY, Mr. BLUMENAUER, Mr. CALLAHAN, SON of Oklahoma, Ms. ROYBAL-AL- Mr. BOEHLERT. Mr. WICKER, Mr. DAVIS of Florida, Mr. KING, LARD, and Mr. RANGEL): H.R. 968: Mr. TERRY. Mr. OWENS, Mr. HINCHEY, Mr. DELAHUNT, and H.R. 3815. A bill to authorize the Secretary H.R. 1181: Mr. SCHROCK. Mr. WILSON of South Carolina. of the Interior to conduct a study of the suit- H.R. 1262: Mr. OLVER. ability and feasibility of establishing a Pres- H.R. 1460: Mr. INSLEE. H.R. 3424: Mr. HONDA, Mr. LEVIN, and Mr. idential National Historic Site, in Hope, Ar- H.R. 1475: Mr. SWEENEY and Mr. JOHNSON of MEEKS of New York. kansas, and for other purposes; to the Com- Illinois. H.R. 3443: Mr. FOLEY. mittee on Resources. H.R. 1609: Mr. BLUNT and Mr. THORNBERRY. H.R. 3465: Mr. PLATTS, Mr. BAIRD, Mr. By Mr. SHERMAN (for himself and Mr. H.R. 1624: Mr. FORBES, Mr. LARSON of Con- OWENS, and Mr. PASCRELL. DAVIS of Illinois): necticut, and Mr. ISSA. H.R. 3478: Mr. MCNULTY. H.R. 3816. A bill to amend section 19 of title H.R. 1705: Mr. TERRY. H.R. 3479: Mr. REYES and Mr. BERRY. 3, United States Code, to allow the President H.R. 1795: Mr. BONILLA, Mr. EDWARDS, Mr. H.R. 3482: Mr. WELLER. to choose between possible successors in case UDALL of Colorado, Mr. KINGSTON, Mr. SKEL- H.R. 3659: Mr. ROSS, Mr. DICKS, Mr. GREEN- of the event that, by reason of certain cir- TON, and Mr. PITTS. WOOD, Mr. MATSUI, Mr. ABERCROMBIE, Mr. cumstances, there is neither a President nor H.R. 1822: Mr. CONYERS. WICKER, and Ms. LEE. Vice President to discharge the powers and H.R. 1904: Mr. RUSH, Ms. KAPTUR, Mr. NEAL H.R. 3673: Mr. FALEOMAVAEGA. duties of the office of President; to the Com- of Massachusetts, Mr. GUTIERREZ, and Mr. H.R. 3677: Mr. FALEOMAVAEGA. mittee on the Judiciary. RODRIGUEZ. H.R. 3687: Mr. PLATTS, Mr. SHUSTER, and By Mr. VISCLOSKY: H.R. 1935: Mr. COSTELLO, Mr. KING, Mr. Mr. UPTON. H.R. 3817. A bill to amend the Act entitled WYNN, Mr. SHIMKUS, Mr. UNDERWOOD, Mr. H.R. 3733: Ms. WOOLSEY and Mr. KLECZKA. ‘‘An Act to provide for the establishment of WHITFIELD, Mr. FALEOMAVAEGA, Mr. DIN- the Indiana Dunes National Lakeshore, and H.R. 3782: Mr. BAIRD, Mr. LATHAM, Mr. GELL, Mr. CUMMINGS, Mr. OWENS, Mr. MATSUI, Mr. POMEROY, Mr. MICA, Mr. for other purposes‘‘ to clarify the authority RODRIGUEZ, and Mr. DEUTSCH. of the Secretary of the Interior to accept do- HOLDEN, Mr. HILL, Mr. HUNTER, and Mr. H.R. 1979: Mr. BROWN of South Carolina. nations of lands that are contiguous to the CUNNINGHAM. H.R. 2014: Mr. BARR of Georgia. Indiana Dunes National Lakeshore, and for H.R. 3792: Ms. HART. H.R. 2020: Mr. PICKERING, Mrs. JONES of other purposes; to the Committee on Re- H.J. Res. 23: Mr. UPTON. Ohio, Ms. BROWN of Florida, and Mr. FOLEY. sources. H.J. Res. 40: Mr. SCHIFF, Mr. LARSON of H.R. 2125: Mr. GILLMOR, Mr. COSTELLO, Mr. By Mr. WATTS of Oklahoma: Connecticut, and Ms. WATSON. HALL of Ohio, Mr. SANDERS, Mr. NEAL of H. Con. Res. 335. Concurrent resolution rec- H.J. Res. 54: Mr. SHIMKUS. ognizing the significance of Black History Massachusetts, Mrs. EMERSON, and Mr. DAVIS of Illinois. H.J. Res. 81: Mr. SESSIONS. Month and the contributions of Black Amer- H.J. Res. 83: Mr. MICA, Mr. LIPINSKI, Mr. H.R. 2146: Mr. KELLER and Mr. CHABOT. icans as a significant part of the history, FOSSELLA, Mr. STUMP, Mr. CROWLEY, Mr. H.R. 2148: Ms. DELAURO. progress, and heritage of the United States; TANCREDO, Mr. BAKER, Mr. MCNULTY, Mr. BE- H.R. 2163: Mr. BROWN of Ohio and Ms. RIV- to the Committee on Government Reform. REUTER, and Mr. OXLEY. By Mr. FARR of California (for him- ERS. H. Con. Res. 20: Mr. FOLEY. self, Mr. BACA, Mr. DOOLITTLE, Ms. H.R. 2237: Mr. STUPAK. H. Con. Res. 255: Mrs. TAUSCHER. SANCHEZ, Ms. LEE, Ms. KAPTUR, Ms. H.R. 2254: Mr. PLATTS, Mr. SHUSTER, and H. Con. Res. 317: Mr. DOOLEY of California, DELAURO, Mr. FROST, Mr. HONDA, Ms. Mr. SENSENBRENNER. Mr. MORAN of Kansas, Mr. GILMAN, Mr. WATSON, Mrs. DAVIS of California, H.R. 2339: Mr. MATSUI and Ms. PRYCE of DICKS, Mr. ROYCE, Ms. WOOLSEY, Mr. Mr. CONDIT, Mr. BERMAN, Mr. THOMP- Ohio. CUNNINGHAM, Mr. GALLEGLY, and Mr. SON of California, Mrs. CAPPS, Mr. H.R. 2349: Ms. DEGETTE. HUNTER. STARK, Ms. HARMAN, Mr. SHERMAN, H.R. 2426: Mrs. CAPITO. H. Con. Res. 318: Mr. RADANOVICH and Ms. and Ms. ESHOO): H.R. 2569: Mr. KINGSTON. H. Con. Res. 336. Concurrent resolution ex- H.R. 2570: Mrs. TAUSCHER. MCCOLLUM. pressing the sense of Congress regarding the H.R. 2625: Mrs. MORELLA. H. Con. Res. 329: Mr. WEXLER. life and works of John Steinbeck; to the H.R. 2638: Mr. MARKEY, Mr. GONZALEZ, and H. Con. Res. 334: Mr. MORAN of Virginia. Committee on Government Reform. Mr. NEAL of Massachusetts. H. Res. 281: Mr. UDALL of Colorado. By Mr. WATTS of Oklahoma (for him- H.R. 2692: Mr. ORTIZ. H. Res. 295: Mr. NEAL of Massachusetts and self and Mr. DAVIS of Illinois): H.R. 2735: Mr. DEAL of Georgia. Mr. PAYNE. H. Con. Res. 337. Concurrent resolution rec- H.R. 2820: Mr. EVANS, Mr. MOORE, Mr. H. Res. 339: Mr. UDALL of Colorado and ognizing the teams and players of the Negro SANDLIN, and Mr. SAWYER. Mrs. JONES of Ohio.

VerDate 11-MAY-2000 05:04 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4634 Sfmt 0634 E:\CR\FM\L27FE7.100 pfrm04 PsN: H27PT1 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, FEBRUARY 27, 2002 No. 18 Senate The Senate met at 9:30 a.m., and was APPOINTMENT OF ACTING Senate will now resume consideration called to order by the Honorable JOHN PRESIDENT PRO TEMPORE of S. 565, which the clerk will report. EDWARDS, a Senator from the State of The PRESIDING OFFICER. The The legislative clerk read as follows: North Carolina. clerk will please read a communication A bill (S. 565) to establish the Commission to the Senate from the President pro on Voting Rights and Procedures to study and make recommendations regarding elec- PRAYER tempore (Mr. BYRD). The legislative clerk read the fol- tion technology, voting, and election admin- The Chaplain, Dr. Lloyd John istration, to establish a grant program under lowing letter: which the Office of Justice Programs and the Ogilvie, offered the following prayer: U.S. SENATE, Civil Rights Division of the Department of Loving Father, You know us as we PRESIDENT PRO TEMPORE, Justice shall provide assistance to States really are. You see beneath the pol- Washington, DC, February 27, 2002. and localities in improving election tech- ished surface of our projected ade- To the Senate: nology and the administration of Federal Under the provisions of rule I, paragraph 3, quacy. You know our true needs. The elections, to require States to meet uniform of the Standing Rules of the Senate, I hereby and nondiscriminatory election technology great need, at the core of all of our appoint the Honorable JOHN EDWARDS, a Sen- and administration requirements for the 2004 needs, is to truly experience Your pres- ator from the State of North Carolina, to Federal elections, and for other purposes. ence. We need You, Dear God. You de- perform the duties of the Chair. Pending: light in us when we desire You above ROBERT C. BYRD, President pro tempore. Clinton amendment No. 2906, to establish a all else. More than anything You can residual ballot performance benchmark. give us or do for us, we long to live in Mr. EDWARDS thereupon assumed Dodd (for Schumer) Modified amendment vital communication with You. In this the chair as Acting President pro tem- No. 2914, to permit the use of a signature or moment of honest prayer, we turn over pore. personal mark for the purpose of verifying to You the longings of our hearts: ev- f the identity of voters who register by mail. erything from our most personal anxi- Dodd (for Kennedy) amendment No. 2916, to eties to our relationships and our re- SCHEDULE clarify the application of the safe harbor pro- sponsibilities. How wonderful it is to Mr. REID. Mr. President, as was indi- visions. Hatch amendment No. 2935, to establish know that You have motivated us to cated last night, the Senate is going to pray because You have solutions and the Advisory Committee on Electronic Vot- resume consideration immediately of ing and the Electoral Process, and to in- resolutions for our most complex prob- the election reform bill. There will be a struct the Attorney General to study the lems. 10 a.m. vote on the Schumer-Wyden adequacy of existing electoral fraud statutes Bless the Senators today with an on- amendment, and there will be addi- and penalties. going conversation with You. Thank tional roll call votes expected through- Hatch amendment No. 2936, to make the you that You are ready to give the out the day. The majority leader has provisions of the Voting Rights Act of 1965 permanent. guidance, wisdom, and vision that will asked me to announce he has every in- tention of completing this bill today. Schumer/Wyden amendment No. 2937, to be required in each hour. Reside in permit the use of a signature or personal their minds to provide guidance, and The two managers have worked hard mark for the purpose of verifying the iden- replenish their assurance that what on it. We ask those who have amend- tity of voters who register by mail. You have called them to be and do, can ments outstanding to cooperate with Smith of New Hampshire amendment No. and will make a difference. This is the the managers and offer those amend- 2933, to prohibit the broadcast of certain day that You have made; we will re- ments. false and untimely information on Federal elections. joice and be glad in You. Amen. f AMENDMENT NO. 2937 RESERVATION OF LEADER TIME f The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- pore. Under the previous order, the PLEDGE OF ALLEGIANCE pore. Under the previous order, the time until 10 a.m. shall be equally di- leadership time is reserved. vided in the usual form for debate rel- The Honorable JOHN EDWARDS led the f evant to amendment No. 2937. Pledge of Allegiance as follows: Mr. DODD. Mr. President, I under- EQUAL PROTECTION OF VOTING stand that is 30 minutes equally di- I pledge allegiance to the Flag of the RIGHTS ACT OF 2001 United States of America and to the Repub- vided? lic for which it stands, one nation under God, The ACTING PRESIDENT pro tem- The ACTING PRESIDENT pro tem- indivisible, with liberty and justice for all. pore. Under the previous order, the pore. The time until 10 a.m.

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

S1223

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VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1224 CONGRESSIONAL RECORD — SENATE February 27, 2002 Mr. DODD. I ask unanimous consent After 6 months of negotiations, I feel provision in effect is making it tougher that the vote occur at 10:05 a.m. so as like we are playing rope-a-dope. The for those who saved our democracy in to provide for 30 minutes. Senator from Oregon gets up and says, World War II to participate in our de- The ACTING PRESIDENT pro tem- why, this is a photo ID requirement. mocracy today. pore. Without objection, it is so or- Everybody knows a photo ID require- Nursing home residents in this coun- dered. ment is discriminatory. try are not asking to be taken to a Mr. DODD. I ask unanimous consent Then the Senator from New York copy center. The Senate should not be that the time of the proponents of the gets up and says these antifraud provi- telling them they should have to go to amendment be equally divided between sions really do not prevent fraud abso- the copy center before they can vote by Senator SCHUMER and Senator WYDEN. lutely either way. mail, which is clearly one of the most The ACTING PRESIDENT pro tem- I said we devised a compromise that popular ways to participate in our de- pore. Without objection, it is so or- recognized the concerns that their side mocracy today. dered. had about making sure we did not im- I am particularly troubled that the Who yields time? If neither side pose any unreasonable restrictions on tough provisions to deter fraud do not yields time, time will be charged voters who might not have a driver’s li- even kick in until 2004. I would like to against both sides. cense, for example. That is why we said work with colleagues to address those The Senator from New York. voters can use a bank statement, a issues. It seems to me various ap- Mr. SCHUMER. Mr. President, I yield government check, utility bill, any- proaches that encourage voting are not myself 2 minutes. This is a very important amendment. thing that has your name and address kicking in for quite some time. We have done a great deal in this bill on it, the first time you register. Last night, the Senate voted wisely to make it easier for people to vote and No, it is not as strong as I would like, to call this the Martin Luther King at the same time prevent voter fraud. but that was part of the compromise. Voting Rights bill. If we put in place a I very much thank our colleague No, it does not limit the identification photo ID for first time voters, we step from Missouri for leading the charge on that must be shown to a driver’s li- back, in my view, to the days when voting fraud. There are lots of provi- cense photo ID—which my colleagues only the enfranchised had the oppor- sions in this bill that we have worked on the other side and some of the tunity to vote. That would be a mis- on that deal with that. However, in our groups that were supporting this com- take. I urge strongly this amendment efforts to prevent voter fraud, we can- promise and are now against it are say- be supported. not go so far that we actually create ing would be unfair. So we com- I retain the remainder of my time. The ACTING PRESIDENT pro tem- barriers to the polls for eligible voters. promised. And now the people who pore. The Senator from Kentucky. That would be the antithesis of what worked on the compromise say the Mr. MCCONNELL. Mr. President, one this bill is about. compromise is not a good one. The intent of this legislation is to I have seen that game before. But the of the pitiful results of motor voter take people, particularly those who people of America are tired of having registration systems in America is that live in the corners of America who do their votes diluted because someone in we have countless dogs registered to not fly airplanes and use their credit a drop house registers 8, 10 people. Yes, vote. That is why Senator BOND’s pro- cards all the time but rather people we have had dogs registered. We have vision makes so much sense. There are who may not have a driver’s license, had dead aldermen registered, mothers countless examples of dead people vot- who may not have a utility bill, and of dead aldermen registered, and dead ing, dogs voting, and people voting allow them to vote, our most sacred neighbors registered. Under the current multiple times. Nearly all these in- right. This amendment does that. It Federal motor-voter registration law it stances of voter fraud have one thing does it in a way that does not increase is very difficult to stop the mail-in reg- in common: They were perpetrated fraud at all. It does it in a way that istration fraud. through lax mail-in registration re- rises to the real purpose of this bill. It We talked yesterday about 3,000 bal- quirements. Many of our colleagues were obvi- is a crucial amendment. lots being dropped off before the may- If one believes in extending the right oral primary in St. Louis in 2001. Be- ously not around last night when we to vote and believes we have to allow cause of the attention we have brought debated this amendment. Let me take people who need that right because to this problem, they were reviewed. It a moment to show a copy of a photo- that is all they have—perhaps their was found that most of those 3,000 were graph that appeared in the Washington vote is equal to ours but they may need in the same handwriting and were for Post last summer, which I discussed it even more than ours—then he or she new registrants on one or two city last night. This is Mable Briscoe, 82, should vote for the Schumer-Wyden blocks. St. Louis did not have time to and Holly Briscoe, her terrier, both amendment. I will have a little more to check thoroughly before the November long-time registered voters in America. say later. 2000 election. There was a registration Both Mable and Holly have been reg- The ACTING PRESIDENT pro tem- of 200,000 people, with 30,000 post card istered to vote for quite some time in pore. Who yields time? registrations that were dropped off in Maryland. This is a photo of the long- Mr. MCCONNELL. Mr. President, how the final days, a more than 15 percent time registered voters—as I said, Mable much time remains on this side? increase. Nobody checked these, but and her terrier, Holly. According to the The ACTING PRESIDENT pro tem- initial suggestions are at least 15,000, article accompanying this photograph, pore. Fourteen minutes. half of them, were phony. Mable says she registered her dog to Mr. MCCONNELL. I yield 5 minutes One can conjure up all kinds of sce- prove a point about the lax registra- to the Senator from Missouri. narios where maybe one person will not tion process that opens the door to Mr. BOND. Mr. President, I am glad have the kind of ID needed to vote fraud. Mable’s crime was finally de- we can begin this debate because there under the provisions in the underlying tected when her dog, Holly, was called is much to be said, but let me go to the bill. We allow provisional voting; 39 for jury duty. Holly got called for jury heart of the matter. This amendment States already provide it. We will take duty and then the game was up. Per- simply guts the compromise, the key care of those people. One thing we have haps Mable Briscoe said it best when antifraud provision that was carefully seen for sure—not just in Missouri, but she said: I just think the system is negotiated over 6 months as a part of across the country—is fraudulent broke and needs some fixing. Anybody the bipartisan compromise. We asked votes, by nonexistent people. They are can register. I can register a dog. for some protection against the wide- diluting the votes of legitimate voters. The system is broken. It invites spread practice of loading up voter I yield the floor and I reserve the re- fraud. Senator BOND’s modest antifraud rolls with phony names and then vot- mainder of my time. measure will do a great deal to help ing those names. It is something that Mr. WYDEN. Mr. President, there is make voter fraud more difficult. As he every voter can comply with. It has a reason the American Association of said, he wanted to go further. This un- been negotiated to make sure it did not Retired Persons so strongly supports derlying provision that the Schumer have any unfavorable impact on people this amendment. They and the spon- amendment seeks to strike is quite we are trying to get to the polls. sors feel strongly that the photo ID modest. The amendment of the Senator

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1225 from New York amounts to a fraud correct—if the voter fails to include a The opponents of my anti-fraud pro- loophole. It actually undoes what Sen- photocopy that is of no use to the elec- vision claim the bill will disenfranchise ator BOND and all five of the original tion official, the vote will still not be millions. At the same time, several cosponsors worked so hard to achieve, counted even though the signature on States, including West Virginia, Vir- the underlying compromise. If this the ballot matches the signature in the ginia, Tennessee, Michigan, Illinois, amendment is agreed to, it is com- registration rolls. This is simply unac- Nevada, and Louisiana, have tougher pletely stripped out. ceptable. standards—tougher than in this bill. I This amendment needs to be tabled if This amendment fixes this problem would like to see them as tough as we are serious about this legislation. by allowing states the option of relying these States’. No one has come forward We will have that vote shortly. on other methods to make certain that and shown that these States actually How much time remains? votes are valid, including signature deprive voters of the right to vote on The ACTING PRESIDENT pro tem- verification which is currently used in any level, much less on the level pore. Seven minutes. my state and other states. claimed here. Mr. MCCONNELL. I retain the bal- While I am very concerned about Furthermore, the way the amend- ance. passing this amendment to fix the ment is drafted, the steps taken by The ACTING PRESIDENT pro tem- problems that photo ID requirements these States to protect themselves pore. The Senator from Oregon has 5 create for voters who vote by mail, I from fraud will be undercut. We will be minutes. am also concerned that the require- here, making it easier to cheat. This Mr. WYDEN. I yield 3 minutes to our ments will lead to serious problems for amendment makes it easier to cheat, distinguished colleague from Wash- voters who go to the polls. The Sec- not just easier to vote. ington. retary of State and other election offi- There are those who said recently Ms. CANTWELL. Mr. President, I am cials in my State are concerned that that this will create an administrative pleased to be a cosponsor of the Schu- the requirements place a huge burden problem. Nonsense. The States I just mer-Wyden amendment because I be- on volunteer poll workers in the poll- named already keep track of first-time lieve it is a critical issue that we must ing place, and a Federal court has al- voters. The State of Michigan has of- solve before we can pass this bill. Mil- ready ruled that this type of photo ID fered to provide its software to do this lions of people in my State, and I think requirement may present a disparate for free to any State that has a prob- across America, will be done a great impact on minorities seeking to have lem. If free is not cheap enough, we disservice by making voting harder. If their votes counted. The right to vote provide funds in this bill to buy the we do not pass this amendment, the is the most important right that we systems you want, to track the voters. bill as currently written forces States have as citizens, and it is important This will not threaten mail-in States. to rely on a photo identification as a that we do everything that we can to It will actually make it better for means of making sure that first-time make certain States can strike the them. As I pointed out last night, when we voters are who they say they are. proper balance between facilitating hear about Oregon, the great State While I believe we need to be vigilant voting and preventing fraud. This that has no problem with mail-in reg- about preventing fraud in our elec- amendment helps to do that. istration and balloting, Portland State tions, the provision as currently writ- I strongly urge my colleagues to sup- Professor Melody Rose studied the Or- ten goes too far in mandating a par- port this amendment and I believe that egon system and determined that 5 per- ticular response and has the real poten- passage of this amendment is essential cent of voters had someone else mark tial to result in fewer legitimate voters to making certain that our electoral their ballot, 2.5 percent had someone having their votes counted. system is improved by this legislation. else sign their ballot, 4 percent had This bill requires voters who reg- I yield the remainder of my time. someone else either sign or mark their istered by mail to show a photo identi- The PRESIDING OFFICER. Who ballot. In States with 1.6 million cast, fication or utility bill when they go to yields time. close to 200,000 of them could have had the polls for the first time. This will Mr. MCCONNELL. How much time create a disincentive for seniors, dis- some sort of irregularity. remains, Mr. President? Carter-Ford noted that signature abled, and those who have a tough time The PRESIDING OFFICER. Seven verification does not work. This is the getting that information. minutes. National Commission on Federal Elec- In our State, 64 percent of the voters Mr. MCCONNELL. I yield 3 minutes tion Reform, page 31: in the most recent election voted by to the Senator from Missouri. Mr. BOND. Mr. President, we have Signature verification puts an extra bur- absentee ballot or mail-in ballot. Re- den upon administrators, especially on often quiring a photo identification or util- just heard some inaccurate statements ill-trained poll workers practicing a very ity bill to be enclosed with their bal- about the underlying amendment. No- subjective, often impossible task. lots is an incredible burden in order to body says you have to go to a copy cen- The PRESIDING OFFICER. The Sen- prove they are who they say they are. ter. Any antifraud provisions do not ator has used 3 minutes. In fact, in those cases where those cop- hold off in this bill until 2004. They are Mr. BOND. I rest my case. Signature ies were not provided, their votes effective upon the signing of the bill. verification does not work. I urge peo- would not be counted. The provisional voting provision in ple to support the motion I will offer. It is very important we look at the this bill that says it will not take ef- Mr. MCCONNELL. At the beginning underlying system. The underlying sys- fect until 2004 was not something I of the debate we worked with the Sen- tem, based on signature verification, wrote. I will be happy to take an ators from Oregon and Washington to makes sure that people who are attest- amendment to say it is effective right fix a provision their State election offi- ing under the penalty of perjury are away as well, because 39 States have cials thought threatened their system who they say they are and that they provisional voting and we need to clean of voting. That has already been ac- are properly registered to vote in that it up so it works for all 50 States. complished. Obviously this provision jurisdiction. When the ballot is re- It is important to note that, believe threatens only one thing the way it is ceived, the signature is carefully it or not, the current system offers few now, fraud. It could mean increased checked against the registration rolls protections to States that want to work for those who administer elec- to make sure they are a match. Only maintain clean rolls. The Senator from tions, but that is a very small price to then is the ballot counted. Oregon said we need to make sure reg- pay for fair and honest elections. Make Unlike the signature, the election of- istrations are accurate at the begin- no mistake about it, this amendment is ficial receiving the photocopy has ning. Believe it or not, motor voter ac- the poison pill of election reform. nothing to compare it against, and it is tually prohibits States from requiring The bill is a carefully crafted com- of no use in verifying the authenticity verification of the cards. Registration promise agreed to by all 5 cosponsors, of the vote. by mail makes it much easier to put including the Senator from New York. Although the photocopy has little fake names on voter lists and then vot- There has been a lot of misinformation use to officials, if it is not included, as ing by mail makes it very easy to vote about this anti-fraud provision. It ap- I said, it disqualifies the ballot. That is these names illegally. plies only to a small number of voters

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1226 CONGRESSIONAL RECORD — SENATE February 27, 2002 who register by mail and vote for the Mr. SCHUMER. Mr. President, I yield Those individuals who lack these forms first time. As Senator BOND made 2 minutes to the Chair of the com- of identification could also present a clear, this is the prime area of voter mittee, Senator DODD. current utility bill, bank statement, fraud. Mr. DODD. Mr. President, let me paycheck, government check, or other When we negotiated this compromise thank Members here who have argued government document that shows the in December, none of us thought that both in favor and in opposition to this name and address of the voter. it was too much to ask that voters be amendment. It has been a very worth- The Schumer/Wyden amendment real, live people. while debate. Unfortunately, as my col- would have gutted these protections by Senator BOND had a bill that would league from Kentucky pointed out, we allowing individuals to simply use a have required first-time mail reg- didn’t have enough Members around signature or a personal mark. istrants to vote in person and show a last night to hear the full debate, but It is important to note that if an in- photo ID. He agreed to compromise on it was very worthwhile. I repeat what I dividual fails to meet the required that requirement, to reach the agree- said a week or so ago. This is one of identification methods on election day ment we have before us today. Mail those issues that has come down and is they can still cast a ballot. Provisional registrants who vote for the first time a clear, almost equal division, I think, balloting protects an individuals’ con- now have many options to identify in the Chamber about what ought to be stitutional right to cast a ballot in an themselves. Photo ID is only one of done about this particular issue. election. The validity of provision bal- them. A current utility bill, bank I had hoped we would find some com- lots is determined later, thus ensuring statement, government check, pay- promise to it. That is what you do in that no eligible voter is turned away. check or any other government docu- the legislative process. We did this on My fellow colleague from Missouri, ment would serve the purpose. This 35 amendments that have come along Senator BOND, recently spoke on the very broad universe of identification here. I didn’t like voting against DICK floor of the Senate about some of the was advanced and advocated by Sen- DURBIN’s amendment. I happen to agree most egregious examples of voter fraud ator SCHUMER and was even suggested with it. I did not like having to accept in his home State. Senator BOND ex- by advocacy groups who now claim it amendments from my friend from New plained how the drop house and other must be changed. Hampshire, Senator GREGG, and other scams have been used in St. Louis to The same groups who originally sug- amendments that we worked on to register dead neighbors, deceased al- gested it now want to change it. The make this process reach the point it dermen, ghosts, and dogs. Drop house very language of this amendment was has today. scams occur when one person submits also suggested by the advocacy groups, I am still hopeful. I don’t know how multiple mail-in registration forms notably in a November 6 document sent this vote will come out. But my plea using one address. Then, as election to ‘‘interested parties.’’ We spent well would be, to those on either side of this day approaches, that one person re- over a month discussing and debating question, to see if we can’t find some quests absentee ballots for each of his the very language of this amendment. common ground. That is not going to phantom voters, and then votes them We agreed on the language in our com- happen, obviously, in the next 5 min- all. promise bill instead. utes. So this vote will go forward. Then There are a number of other exam- The bill language does not require my hope is that we can find some reso- ples of voter fraud as well: Over 30,000 every voter to show identification, be lution here that will satisfy the con- illegitimate voters were added to voter they rich, poor, disabled, young, or el- cerns that are raised—legitimately, in registrations in the 2000 presidential derly. Let me tell you what the amend- my view—by the proponents of the election in St. Louis, MO. Over 5,000 il- ment of the Senator from New York amendment and the concerns raised by legal ballots were cast in the 2000 presi- would do. my friend from Missouri who has raised dential election in Florida by individ- First, not only does it not improve from the very beginning his concerns uals who were not U.S. citizens and not the current system, it could actually about this. permitted to vote. One individual in make it worse in many States. It cre- My desire has been to try to find Missouri actually voted 47 times—and ates new and improved opportunities some common ground and compromise was not even prosecuted! for fraud in States with more restric- on this proposal. That has not hap- tive requirements. Second, this could pened yet, but I am prepared to try to In fact, voter fraud can be easily become the most expensive mandate in work that out when the time arrives. traced back over a hundred and fifty this bill. Not only will States have to With that, I thank the Members for years before the 2000 presidential elec- buy new machines and data bases their time in debate. We still have a tion. In 1844, New York City had 41,000 under this bill, but the 34 States that few minutes left for the proponents of people in their voter pool. However, on do not have signature verification will the amendment to make some closing election day, 55,000 people cast ballots! have to buy technology to verify signa- arguments, and then we will get to the Clearly, voter fraud is not a new ture and marks. vote. issue in elections. Congress passed The Third and most important, all of the Mr. MURKOWSKI. Mr. President, I National Voter Registration Act of 1993 1.4 million poll workers nationwide rise to explain my vote in favor of ta- (‘‘Motor Voter’’) allowing States to re- will have to become handwriting and bling the Senator Schumer/Wyden quire that individuals vote in person if personal mark experts. What a great amendment to S. 565, election reform they registered by mail and have never idea. All of the 1.4 million poll workers legislation pending before the Senate. before voted in that jurisdiction. nationwide will have to become hand- For United States citizens, voting is The anti-fraud provisions of this leg- writing and personal mark experts. The a fundamental right guaranteed by the islation strengthen the provisions from shortage of poll workers is already a United States Constitution. In no way 1993. Under S. 565, any person who reg- major problem, as reported by GAO. am I attempting to deny that right by isters by mail must, either when reg- Now they will have to be handwriting not supporting the Schumer/Wyden istering or voting in a Federal election, experts. amendment. In fact, I believe that provide some form of identification Finally, the poison pill amendment strong anti-fraud language strengthens that connects the name on the reg- has already been discussed, debated, the right to vote, and the integrity of istration form to a real, live, qualified and dismissed by the cosponsors of this the election system in our nation. citizen of voting age. The requirement bill. I urge the other 95 Members of this The Schumer/Wyden amendment is not onerous. body to support our joint resolution on would dissolve the carefully crafted bi- In the 2000 presidential election our the issue and vote against this amend- partisan framework in this legisla- country contained wide-spread voter ment or vote to table it. Senator BOND tion—designed to ensure proper voter fraud and abuses by individuals who will make the tabling motion when all identification methods exist to protect were clearly casting illegitimate bal- time has been yielded back. the validity of national elections. This lots. This legislation works to prevent The PRESIDING OFFICER. The time framework allows for a person to use a such fraud and restore confidence in of the opposition has expired. Who current and valid photo identification the election process. I will continue to yields time? to validate their registration and vote. work towards strengthening voter

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1227 rights, but not the ability of individ- offered by Senators SCHUMER and States, the Federal matching rate re- uals to cheat or manipulate the sys- WYDEN. mains the same. To me, this is unfair tem. History has shown that requiring and counterproductive. Mr. BINGAMAN. Mr. President, I rise photo identification or certain other In closing, let me state again that I today to urge my colleagues to support documents most significantly impacts fully support the efforts of Senators the Schumer-Wyden amendment to the minority voters. It will be difficult for DODD and MCCONNELL, as well as my election reform bill. some citizens to meet such require- other colleagues who have worked so This important amendment would fix ments. For instance, a rural voter may hard on this bill, to bring about elec- what I believe is a very problematic have difficulty even finding a copy ma- tion reform. In fact, because this bill is provision in the bill. That provision re- chine to make a copy of his or her driv- so important I have decided not to quires first-time voters who registered er’s license. Individuals living below offer this amendment today on this by mail to provide either a photo iden- the poverty level may not have drivers legislation, but will continue to press tification or a current utility bill, bank licenses or utility bills. Students who this important issue in the future. statement, government check, or other live at home with their parents also The PRESIDING OFFICER. Who government document establishing may not have a utility bill with their yields time? their identity. name on it. Mr. SCHUMER. Mr. President, how I commend the sponsors of the bill Ironically, the current language in much time is remaining? for their focus on ensuring strong anti- the bill puts an added burden on some The PRESIDING OFFICER. There fraud protection; but I believe this pro- of the very people that we should be are 6 minutes. vision goes too far and could end up working to make it easier to vote. This Mr. SCHUMER. How is that divided? disenfranchising significant numbers of is contrary to the purpose behind this The PRESIDING OFFICER. Four for voters. In particular, the elderly, stu- legislation. We are not trying to lower the Senator from New York, two for dents, low-income voters, minorities, voter participation with this Election the Senator from Oregon. and the disabled are examples of people Reform bill; we are trying to raise it, Mr. WYDEN. Mr. President, in Or- who could have a difficult time meet- and make the voting process better for egon, the penalty for registering dogs ing the requirements of the Election the American people. The photo ID re- that have become so famous, the mone- Reform bill, as written. quirement would without a doubt have tary penalty is something like ten In addition, the bill would impose a a chilling effect on voter participation. times the amount in this bill. When significant burden on many States, in- And while the provisional voting sys- fraud happens with the vote-by-mail cluding my own, that currently allow tem would address this problem to system, it is caught and it is stopped. the use of signature verification and some extent, it will not be in place in Our penalties prove it. Any way you attestation to verify identity. If the time for the 2002 elections. The lan- slice it, making it harder to vote isn’t bill is not amended, my State would guage in this amendment is a much the way to deter fraud. have to do away with that procedure fairer way of dealing with this prob- I come back in closing to why the altogether. lem, and that is why I want to express American Association of Retired Per- For these reasons, I am proud to be a my full support for the efforts of Sen- sons and senior citizens groups feel so cosponsor of the Schumer-Wyden ators SCHUMER and WYDEN. strongly about this amendment. They amendment, and I urge my colleagues I want to take one more minute just like voting by mail. It is convenient for to vote for it. to go over briefly a couple of initia- them. They and millions of Americans This important amendment would tives that I proposed for this bill; are saying make it easier to vote. Con- add two alternative verifiers for first amendments that I will no longer be of- gress should do everything possible to time voters who vote in person: (1) it fering, but I want to mention nonethe- make it easier to vote rather than to would allow voters to attest to who less. My first amendment would estab- make it harder. I don’t think this body they are by signing a sworn statement, lish election day as a Federal holiday. this morning should make it tough for falsification of which is punishable as Currently, this bill contains provisions those who saved our democracy in perjury; or (2) it would allow voters to for the new Election Administration World War II to participate in our de- have their signatures verified by Commission to study the possibility of mocracy in the days ahead. matching them to signatures on record designating Election Day as a Federal I urge my colleagues to strongly sup- with State or local election officials. holiday. And just yesterday Senator port the amendment, and I yield the First time voters who vote by mail also HOLLINGS added language to the bill floor. would be given an alternative to a calling for a six-month turnaround on The PRESIDING OFFICER (Mr. photo ID or other government docu- this study. BINGAMAN). The Senator from New ment—they would be allowed to use I commend Senator HOLLINGS for his York. signature matching to establish their amendment, as well as Senators DODD Mr. SCHUMER. Mr. President, as we identity. and MCCONNELL for specifying the EAC come to the conclusion of this debate, I believe this is a sensible and nec- study in the original bill. I look for- I ask why so many groups—the AARP, essary measure. And I’m pleased to re- ward to seeing the results of the study the AFL–CIO, American Association of port that it enjoys the support of the later this year, and I hope Congress People With Disabilities, the Mexican- nation’s leading civil rights organiza- will act quickly on the recommenda- American Legal Defense Fund, the tions, including: MALDEF, the tions of the report. NAACP, La Raza, the National His- NAACP, the National Council of La The second measure I proposed would panic Leadership Council, as well as Raza, LULAC, AARP, the Leadership change the Federal match in this bill the secretaries of State of so many Conference on Civil Rights, and the to be fair to all states regardless of States—are not opposed to this provi- League of Women Voters. economic circumstances. This is an sion if it is as terrible as the opponents The intent of the Election Reform issue in which I have had a long-stand- say. I will tell you why—because they bill is to ensure that every vote counts, ing interest. While Congress often know what this bill is all about. but if we do not act now by passing the passes bills that provide a Federal Let us go over the history of this bill Schumer-Wyden amendment, I fear match for States in various programs, for a minute. that many tens of thousands of voters it is rare that any effort is made to There was a national outcry after will once again face significant bar- level the playing field for states that what occurred in Florida. We realized riers to voting the next time they go to have fewer resources. States like Lou- that millions of people are deprived of the polls. isiana, with high poverty a generally their right to vote because of the way I urge my colleagues to do the right lower standard of living, receive the we vote. I say to my friend from Ken- thing today, vote yes on the Schumer- same matching rate as other States. tucky that the outcry after Florida Wyden amendment. My concern is that in this bill, as was not because dogs were voting. That Ms. LANDRIEU. Mr. President, I well as others, the matching rates for argument to use the fact that one want to take a few minutes to express these States are the same. Despite the fraudulent person might have reg- my strong support for the amendment huge difference in resources in these istered a dog, or maybe five of them,

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1228 CONGRESSIONAL RECORD — SENATE February 27, 2002 could deprive millions of people of The PRESIDING OFFICER. All time Mr. DODD. Mr. President, before my their right to vote is sophistic, at best. is yielded. colleague speaks—and I will be 30 sec- I don’t like it. It is not fair. The Senator from Missouri. onds on this—I had hoped, and I say What are we talking about? What Mr. BOND. Mr. President, this this to my two friends on the other happened in Florida and what moved us amendment undoes a carefully crafted side with whom I have worked very to debate this issue is that thousands compromise and opens wide the door to closely to put this bill together, I had of people in every city in this country fraud. Therefore, I move to table the hoped we could find compromise lan- who had the right to vote couldn’t. amendment and ask for the yeas and guage on this last provision. That is What the Schumer-Wyden amend- nays. still my hope. We have worked very ment does is very simple. It says we The PRESIDING OFFICER. Is there a hard. We have considered around 35 are allowing you to vote. We are not sufficient second? amendments. Both sides have added to going to make you do things that in There is a sufficient second. the bill with accepted amendments. We your world are next to impossible. If The question is on agreeing to the have modified some; some have been you think of every voter as any middle motion. The clerk will call the roll. withdrawn. class person with a lot of credit cards The assistant legislative clerk called We are very close to final consider- in his pocket and a couple of cars in the roll. ation of this bill. We still have to go to the garage and several cell phones, Mr. REID. Mr. President, on this vote conference—the White House, obvi- sure, there is no problem. But think of I have a pair with the Senator from Ne- ously, will get involved—with the the new immigrant who waited five vada, Mr. ENSIGN. If he were present House-passed bill. We will not have years and has just became a voter, who and voting, he would vote ‘‘aye.’’ If I completed this process when we vote doesn’t have a car, who is just learning were permitted to vote, I would vote this bill out of the Senate. English, and who is afraid of the gov- ‘‘nay.’’ I therefore withdraw my vote. My hope is we can find some way to ernment where that immigrant came Mr. NICKLES. I announce that the work on this amendment while we are from. You say, You have to do this, Senator from Utah (Mr. HATCH) and the considering other amendments—the en- this, this, and this. When you show up Senator from Nevada (Mr. ENSIGN) are ergy bill is waiting to be considered— at the polling place, you may not be al- necessarily absent. rather than have this now splintered lowed to vote. Yes. It is the first-time The PRESIDING OFFICER. Are there off. Too much effort has been made to voters. any other Senators in the Chamber de- get us to this point. I say to my colleagues: I have seen siring to vote? It is my fervent plea to my friends on the look on the faces of first-time vot- The result was announced—yeas 46, the minority side to try and work on ers who waited in line with their eyes nays 51, as follows: some resolution of this issue. That is bright with the first chance to exercise [Rollcall Vote No. 38 Leg.] what we ought to be doing as legisla- their franchise and then were turned YEAS—46 tors. That is my plea to my colleague away. And they never come back again. Allard Fitzgerald Nickles from Missouri and my colleague from We do plenty in this bill about fraud, Allen Frist Roberts Kentucky. but the key in this bill is balance be- Bennett Gramm Santorum The PRESIDING OFFICER. The Sen- cause every time you make it easier for Bond Grassley Sessions ator from Kentucky. Brownback Gregg Shelby Mr. MCCONNELL. Mr. President, the people to vote, you may make it a lit- Bunning Hagel Smith (NH) tle easier for a nasty person to commit Burns Helms Snowe vote was not a good sign. It was almost fraud; if you want to eliminate fraud Campbell Hutchinson Specter totally a partisan vote on a bill we had Chafee Hutchison Stevens totally, eliminate the right to vote. Cochran Inhofe been advancing on a bipartisan basis. Thomas That is not the argument. The argu- Collins Kyl We had long and difficult negotiations Thompson Craig Lott ment is do we take people who are el- Thurmond across party lines to achieve the core Crapo Lugar agreement that was represented by the derly, who are new immigrants, who DeWine McCain Voinovich are poor, who are members of minority Domenici McConnell Warner bill that was brought up by the major- groups, and say, Yes, we welcome you Enzi Murkowski ity leader. into the American family, we welcome NAYS—51 The vote that was just taken, should that amendment ultimately be success- you into the franchise of voting. Akaka Dodd Levin If you go through the process that 40 Baucus Dorgan Lieberman ful, strips out one of the core principles States have used, we are not going to Bayh Durbin Lincoln of the bill. create signature experts. We have Biden Edwards Mikulski So I am not terribly optimistic, I Bingaman Feingold Miller them. Every bank teller is a signature Boxer Feinstein Murray must say, about the future of this bill. expert. In my State, we have used sig- Breaux Graham Nelson (FL) Maybe something can be worked out, natures for years with no signs of Byrd Harkin Nelson (NE) but this was certainly a dramatic step Cantwell Hollings Reed in the wrong direction. fraud. Carnahan Inouye Rockefeller We are saying to them, We welcome Carper Jeffords Sarbanes I know the Senator from Missouri you into the American family. We are Cleland Johnson Schumer seeks recognition. I yield the floor. not going to put 17 laws in the way be- Clinton Kennedy Smith (OR) The PRESIDING OFFICER. The Sen- Conrad Kerry Stabenow ator from Missouri is recognized. fore you vote. Your right to vote is a Corzine Kohl Torricelli right. It is not an obstacle course, Daschle Landrieu Wellstone AMENDMENT NO. 2940 TO AMENDMENT NO. 2937 which is what this amendment creates. Dayton Leahy Wyden Mr. BOND. Mr. President, I send to I urge my colleagues to support the PRESENT AND GIVING A LIVE PAIR, AS the desk a second degree amendment to Schumer-Wyden amendment. PREVIOUSLY RECORDED—1 the Schumer amendment and ask for The PRESIDING OFFICER. The Sen- Reid, nay its immediate consideration. ator from Oregon has 1 minute remain- The PRESIDING OFFICER. The NOT VOTING—2 ing before the conclusion of the debate. clerk will report. Mr. MCCONNELL. Mr. President, we Ensign Hatch The assistant legislative clerk read are out of time on this side. Is that cor- The motion was rejected. as follows: rect? The PRESIDING OFFICER. The Sen- The Senator from Missouri [Mr. BOND] pro- The PRESIDING OFFICER. The Sen- ator from Kentucky. poses an amendment numbered 2940 to ator is correct. Mr. MCCONNELL. Mr. President, the amendment No. 2937. Mr. WYDEN. Does the Senator from amendment is still pending before the Mr. BOND. Mr. President, I ask unan- Kentucky desire time? Senate. We would like to continue dis- imous consent that the reading of the Mr. MCCONNELL. No. We will make cussing that matter. I know the Sen- amendment be dispensed with. a motion to table when the time is ator from Missouri is going to talk on The PRESIDING OFFICER. Is there used up. the subject. I yield the floor. objection? Mr. WYDEN. Mr. President, I yield The PRESIDING OFFICER. The Sen- Mr. DODD. Mr. President, I would the remainder of my time. ator from Missouri is recognized. like to see a copy of the amendment.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1229 The PRESIDING OFFICER. Is there vember 2000 general election in St. that in scores of States, the State and objection to the unanimous consent re- Louis. The guess is at least 15,000 of local officials are not doing their jobs. quest? them were phony. That was followed by They are essentially bad guys. They Mr. DODD. Reserving the right to ob- an effort by the Gore-Lieberman team would have to go through a very cum- ject, if I can see a copy of the amend- in St. Louis and Kansas City to con- bersome, almost incomprehensible ment so I can know what we are talk- tinue fraudulent voting by getting process, to try to prove they are good ing about. Maybe my colleague would courts to keep open the ballot boxes in guys. like to explain what we are doing. both cities on the theory—and I have In our State, it has empowered thou- The PRESIDING OFFICER. The to say the laughable theory—that the sands and thousands of people, without clerk will continue to read the amend- Democratically-controlled election instances of fraud. We are running a ment. boards in St. Louis City and Kansas system that has not been a sieve of The assistant legislative clerk con- City were conspiring to keep the Demo- fraud and abuse. To say they are now tinued with the reading of the amend- cratic voters in Kansas City and St. going to create a presumption that ment, as follows: Louis from casting their votes in a gen- people who are running effective, effi- At the end, add the following: eral election for the Democratic can- cient vote-by-mail systems are essen- SEC. . SIGNATURE VERIFICATION PROGRAMS. didates. Now that does not compute. tially bad guys and they should have to Notwithstanding any other provision of So we are saying, number one, we go through a process from Washington, this Act, a State may use a signature stopped the effort to keep the polls DC, to prove they are good guys does verification or affirmation program to meet open in the Missouri Court of Appeals, not make a whole lot of sense to me. the requirements of section 103(b) relating to Hopefully, there will be further discus- the verification of the identity of individuals pointing out that it is just as much a denial of civil rights to have one’s vote sion how this will work, how you would who register to vote by mail only if the At- even go about determining who these torney General certifies that less than one- deluded by an illegal vote as it is to be half of 1 percent of votes cast in the 2 most denied the opportunity to cast a vote so-called abusers are in the two most recent elections for Federal office were cast yourself. recent elections. by voters who were not eligible to vote under This amendment I proposed is the I have great reservations about what the law of such State. starting point to continue and reopen I have seen at this point. First, it The PRESIDING OFFICER. The Sen- the negotiations. As I said, it is impor- seems to go at the wrong end of the ator from Missouri. tant that we balance this bill, make it process. We ought to be trying to ad- Mr. BOND. Mr. President, as I think easier to vote but make it tougher to dress voter fraud questions at the reg- the Senator from Kentucky indicated, cheat. This is one minor suggestion I istration level rather than essentially so late in the process. Second, I am we were very disappointed that after am offering to avoid wholesale fraud very troubled by the presumption that working 6 months to establish a very through signature verification and af- seems to underlie this amendment that modified, watered-down provision to firmation. Frankly, I think we have all these State and local people are bad help prevent fraud, the other side seen enough to know that signature guys, they are doing an inefficient job, chose, without objection, on a party verification and affirmation does not they are not up to the task of chal- line vote, to refuse to table a motion to work. lenging fraud, so what we ought to do strike an amendment that really guts I ask my colleagues from New York if is create a presumption, in effect, that the compromise. they know how many of the New York they are the problem and that some- When we began this debate, I said I City voters, 14,000 of them who are reg- how they ought to have this con- thought every American understood istered in South Florida, voted only in voluted process to convince the Federal the importance of the vote. There are one place in the 2000 election? I think two aspects to that which are involved Government they are not. that is something we need to find out. I yield the floor. in this bill. One is making it easier to There are real problems with the Mr. DODD. Mr. President, I inquire of vote for those who may have had dif- amendment that is now pending. I urge my colleague from Kentucky, I don’t ficulty in the past. We worked on those my colleagues to consider my second know know if we can resolve the items and many of them went further degree amendment favorably. We will amendment at this moment, but there than I and some of my colleagues look forward to continuing negotia- are other matters we might consider on would like. tions but, frankly, unless and until this the bill. I don’t know if there is the ap- Coming from Missouri where we have is resolved this bill is a significant step petite to temporarily lay these aside to seen significant vote fraud, which we in the wrong direction. consider the other matters, knowing believe may have affected close elec- I yield the floor. nothing gets resolved until this issue tions in our State, I said we needed to I suggest the absence of a quorum. gets resolved. I Know there are col- change some of the provisions of the The PRESIDING OFFICER. The loquies, including Senator THOMAS, and motor voter law which permits mail-in clerk will call the roll. Senator SMITH had an amendment we registration and prevents the States The bill clerk proceeded to call the can try and work on. from verifying the bone fides of the roll. Mr. MCCONNELL. I think we need to registrant. Mr. WYDEN. Mr. President, I ask resolve the current pending matter. It As a part of the compromise we unanimous consent that the order for goes to the heart of the bill. I know reached over 6 months, we said one the quorum call be rescinded. even if I didn’t object to laying aside does not have to show up with a photo The PRESIDING OFFICER. Without the amendment to go on to other mat- ID with their address on it the first objection, it is so ordered. ters, others would object. We need to time they vote after they have reg- Mr. WYDEN. Mr. President, this is stay on the amendment, the second-de- istered by mail; we will let them bring the first time we have seen this pro- gree amendment and continue to dis- in or send in either a photo ID or any posal, but certainly on its face it raises cuss how we might unravel the knot of a number of documents which would a number of very troubling issues. To which we find ourselves. tend to show that they are a real per- start with, it seems it goes after the There would be an objection to lay- son, such as a utility bill, a govern- wrong end. Our view has been if the ing the amendment aside and going on ment check, a paycheck, bank state- question of vote fraud is really going to to other matters. ments. be tackled, we have to go after the reg- Mr. DODD. Mr. President, the au- That would be supplanted under this istration kind of process. That is what thors, the direct opponents of the amendment, if unamended, to say you we have sought to do. amendment are not here. I will make can sign your name. We have seen the Once again, this goes to the process the case again, as I tried a week or so wholesale fraud that signing one’s of signature verification, which is basi- ago. I see where we are headed with name can bring in Missouri: Drop cally trying to deal with the problem this. We need to try and find a com- houses, 3,000 almost assuredly phony after it is all out of the barn and off to promise. Obviously, people feel strong- registrations before a mayoral primary the races. ly about this. The debate went on for in 2001 in St. Louis; 30,000 last-minute I think what really troubles me is some time. When Members feel strong- mail-in registrations prior to the No- that this would make a presumption ly, no matter how you try and resolve

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1230 CONGRESSIONAL RECORD — SENATE February 27, 2002 it, sometimes you have to go through people register to vote as possible so least take some steps to safeguard the vote process to have some clarity. that people can express themselves in against voter fraud. Then a compromise can emerge. That the electoral process. That is very fun- Mr. BOND. Mr. President, does the is how this works from time to time. damental. It is also fundamental that Senator from Pennsylvania yield for a We have all been in that situation at we ought to do whatever is reasonably question? one time or another. possible to avoid vote fraud. This is an Mr. SPECTER. I yield, Mr. President. Certainly, that is where we find our- issue which I faced to a very substan- I am reluctant to do so, knowing the selves in this case. I have great respect tial extent when I was District Attor- cross-examination expertise of the Sen- for how Senator BOND feels. We all ney of Philadelphia. Philadelphia is a ator from Missouri, but I will take my bring a very strong local experience to rough, tough, political town. chances. this national debate. He had a very When I was DA in the 1960s and 1970s Mr. BOND. Mr. President, I am not strong, in his view, local experience it was a rougher, tougher political here to cross-examine. I am just here which provoked his interest in the town. I had the responsibility to en- to ask some experience from a Senator matter. I respect that. force the election laws. In that capac- who is distinguished by his career as a I respect very much the point of view ity, on a bipartisan, nonpartisan basis, prosecutor previously. Many people of others that feel there are ways, par- I prosecuted both Republicans and have said that if anybody votes fraudu- ticularly with statewide voter registra- Democrats alike for vote fraud, and lently, they will be prosecuted. tion efforts, that we can take major there was a lot of it in the city of I have looked long, far, and wide to steps to reduce the dangers of fraud or Philadelphia. We could only detect a see any consistent pattern of prosecu- the realities of fraud. The establish- relatively small amount of it, but that tion of vote fraud. I just do not know ment of our Election Commission in was a real problem in our city elec- that there has been any significant ef- this bill will allow on a continuing tions. fort. I wonder if the Senator from basis examining the election structures When motor voter came up, I sup- Pennsylvania can inform me to what of the country, rather than waiting for ported it, to try to broaden the avail- extent vote fraud is even prosecuted a crisis to occur, so we can continue to ability of registration for the broadest and what are some of the problems address matters like this and others we number of people. However, there have that are entailed in a prosecution for have not considered in this bill. been very substantial problems with vote fraud? I had hoped that might occur. I think people purporting to vote when those Mr. SPECTER. Well, vote fraud is it will. We can find a way to get to- people are not in existence. prosecuted. When I was District Attor- gether. There are only 6 or 7 other When I was DA of Philadelphia, we ney of Philadelphia, I prosecuted Re- amendments that I know of to consider had a great many people purporting to publicans and Democrats. Customarily, on the bill. There could be more out vote where there was no such person. It vote fraud is illegal assistance when there. We were down to either amend- is a difficult matter to police and to somebody goes into the polling place, ments that could be accepted or modi- enforce. The underlying bill has a and this happens, and pulls the lever. fied to some degree and become accept- minimal check, to see to it that there There you can have a witness. You can able. I am still hopeful that can be the is, in fact, a person who is registered to identify the individual, and you can case. vote. If you have somebody who has a prosecute them. If you are seeking to I know where some of the Members government check, that is a solid indi- prosecute someone who has sent in a are now on this issue. Perhaps we will cation. It is not absolute proof that the purported signature which matches the go into a quorum call for a while and person is in existence, but they signature on record, and there is reg- see if we can find some language that wouldn’t be getting a government istration by mail so that no one ever could satisfy both sides. check or paycheck or utility bill or sees the person, you don’t have an Mr. MCCONNELL. Mr. President, we identification of the voter in the first are happy to have discussions. I assume bank statement. The photo ID, of instance. If you do not have an ongoing there will be on this issue, sooner or course, is the best, but the underlying identification of that person’s actual later. Our view is sooner rather than bill does not require that. It is a mod- existence, it is not virtually impos- later, which is why we are going to est stand in seeing to it that somebody sible. It is impossible. How are you stay on this subject. actually is in existence. Therefore, I suggest the absence of a If we are to continue motor voter and going to find the person who signed quorum. to have the broad sweep of availability their name, even if you ascertain that The PRESIDING OFFICER. The for people to register so you do not there is no such person as the pur- clerk will call the roll. have to go down specifically to the reg- ported signature? How are you going to The assistant legislative clerk pro- istration spot—which is the customary find them? It is not a needle in the ceeded to call the roll. way, in many, many jurisdictions—if haystack. It is a needle in a city of Mr. SPECTER. Mr. President, I ask we are to have these procedures which more than a million people. unanimous consent the order for the make it very, very easy for people to Mr. BOND. Mr. President, the Sen- quorum call be dispensed with. register, and they are to be maintained ator from Pennsylvania pointed out The PRESIDING OFFICER (Mr. and continue in existence, then we are precisely the problem with motor voter BAYH). Without objection, it is so or- going to have to take steps to stop making it impossible for States to re- dered. fraud. quire a positive identification with the Mr. SPECTER. Mr. President, I have It seems to me the provisions of the registration. As the Senator from Or- sought recognition to speak in opposi- underlying bill are minimal. So, if you egon I think wisely said in his debate, tion to the underlying amendment of- have an amendment which the Senator we ought to be making sure the reg- fered by the Senator from New York, from New York has offered, that says istration is legitimate and that there is Senator SCHUMER, which would permit all you have to have is a signature, a real person behind it. Right now you people to vote by mail with only an au- anybody can sign a purported signa- can’t do that under motor voter. The thentication of a signature. The ture. Anybody can sign a name. Then, underlying bill, section 103(b) provides amendment modifies the underlying if securing the right to vote simply re- that. bill, which would require that there be quires putting that writing down But the Senator from Pennsylvania either a photo identification or a gov- again, it may be the signature of some- is saying that if somebody registers the ernment check which would establish one other than the person which it pur- name of a dead person, a non-existent that the individual is, in fact, in exist- ports to represent. So, I believe the un- person, or even a dog, sends in that ence, not a false person; or a paycheck, derlying Schumer amendment is un- registration, writes the name on a again establishing the person is in ex- wise. That is why I voted to table it. card, gets the absentee ballot, and istence; or a utility bill or a bank Now we have a second-degree amend- sends it back in, it is next to impos- statement or some other governmental ment, offered by the Senator from Mis- sible from the prosecutor’s standpoint document. souri, which would seek to limit the to prosecute the unknown person who There is no doubt that it is in the in- applicability of the underlying Schu- has done the registration and cast the terests of democracy to have as many mer amendment. I think that would at vote.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1231 Is that a fair assessment? stand that he was taking, and that I I started, in my remarks prior to the Mr. SPECTER. Mr. President, the was prepared to back him and come to vote on the tabling motion, to share Senator from Missouri articulates it the floor and make this argument. with some of my colleagues the wisdom accurately. It is impossible to pros- The PRESIDING OFFICER. The Sen- from the National Commission on Fed- ecute an unknown person. That is a ator from Missouri. eral Election Reform. They were talk- matter of the fundamental definition. Mr. BOND. Mr. President, I rise to ing about accountability. And they If you do not know the person, you thank my colleague from Pennsylvania said: The question is whether to re- can’t swear out a warrant for an arrest. for giving us some very practical in- quire voters to display some proof of You also can’t take the unknown per- sights on the difficulties a prosecutor identification at the polls. son into custody. Then you would have faces in prosecuting a phony mail-in This is on page 31: the problem of proving that this un- registration. It seems to be an almost All states hope that precinct officials and known person committed the crime, impossible task, unless you are fortu- poll watchers will have at least some famili- and proving it beyond a reasonable nate enough to get somebody’s finger- arity with the residents of their precincts. doubt. It can’t be done. prints or have some way-beyond-the- Seven states, all but one of them rural, do I am concerned about changing normal way of identifying who sent it nothing more. In the rest, the most common motor voter. There is a lot of criticism in. practice now is to require voters to sign their names in an official registry or on a of motor voter generally. When I sup- Obviously, everybody laughs about ballot application. About a third of the ported motor voter, I got a lot of criti- dead people being registered and Ritzy states require poll workers to check signa- cism from many people who thought Mekler, the dog, being registered. We tures against those provided at registration. that it went too far. However, I was know they did not register, but finding Fourteen states insist that voters produce willing to support motor voter legisla- out who registered them is a problem. some form of identification. tion with that broad sweep to try to Ritzy Mekler’s owner claims he did not Most states that have histories of strong encourage people to be on the voter register her. Somebody else may have party rivalry or election fraud require signa- rolls to express themselves. Motor done so. ture verification or voter identification at the polls. voter works against my interest as a But there is a real problem with the candidate in a city like Philadelphia. phony registrations piled on to our This is the key part: That happens to be the fact of life. It voter rolls in Missouri, for sure—I Signature verification puts an extra bur- works against my electoral interests as know in St. Louis, and I would imagine den upon administrators, and especially on often ill-trained poll workers practicing a a U.S. Senator running in Pennsyl- in most parts of the country. very subjective, often impossible, task while vania. But notwithstanding that fac- So since we have undone the com- voter lines lengthen. Also, many polling tor, I have supported it, and I continue promise that we worked 6 months to places lack the means to provide poll work- to support it. achieve, I express, again, my willing- ers with accurate copies of the voter’s actual If fraud becomes so widespread—and I ness to come to a bipartisan com- signature (the one the voter used in order to think it is reaching that point—that promise on how we make sure, A, that register) and a signature may change over we really do not know the level of everybody who is entitled to vote gets time. fraud, it is impossible to determine. registered, and, B, gets to vote. But One alternative, favored by several Com- missioners, is to require those who are reg- But, there is a lot of evidence that also how do we get those phony people istering to vote and those who are casting there are a lot of people who are not in off of the rolls? their ballot to provide some form of official existence who are voting. We do know I mentioned, in my earlier debate on identification, such as a photo ID issued by that, because there is a check back. this amendment, we know that 3,000 a government agency, (e.g., a driver’s li- There is a signature of John Jones at a registration cards dumped on the St. cense). A photo ID is already required in given address, and you find out that Louis City Election Board prior to the many other transactions, such as check- there is no John Jones at that address. mayoral primary in 2001 were mostly cashing and using airline tickets. These Who signed the name? How can you phony—most of them in the same Commissioners point out that those who reg- ister and vote should expect to identify tell? You cannot prove who did it to handwriting, most of them with ad- themselves. If they do not have photo identi- have a criminal prosecution. It is about dresses from one or two blocks of the fication, then they should be issued such the easiest form of voter fraud to per- city. So we actually got on those, and cards from the government or have available petrate. those have been turned over to the alternative forms of official ID. They believe If you go into the polling booth in prosecuting authorities. this burden is reasonable, that voters will Philadelphia, as we had a lot of people But there is a little matter of 30,000 understand it, and that most democratic na- do, and walk behind the curtain with a voters who were added to the rolls in tions recognize this act as a valid means of registered voter and pull the lever, or St. Louis City, MO, just prior to the protecting the sanctity of the franchise. give illegal assistance—there are legal November 2000 general election. No- They then go on to talk about strik- ways to do it, if the person can’t pull body knows for sure who they came ing the right balance, and they con- the lever—there the person is taking a from. But let me tell you, I have some clude talking about whether a photo ID chance. You can identify them. You suspicions. I have some suspicions that is too much. They talk about alter- can get a witness. You can prosecute we are seeing people who might benefit native forms. But they said on page 32: them. You can convict them. But, that from those registrations opposing ef- We do believe, however, that States should can’t be done just on signature. forts to purge. be able to verify a voter’s identity. For the people who are urging the en- So I would like to see if we can’t That goes to the sum and substance actment of the Schumer amendment to work out a way to change some of the of the Schumer amendment. The Schu- broaden the opportunities to vote, let onerous provisions that the motor mer amendment is flatly contradicted me say to them head on that they are voter bill puts on States in trying to by the National Commission on Fed- going to be defeating their cause, be- ascertain whether the voters who have eral Election Reform. That is why I cause motor voter is going to be in been registered by mail are legitimate. have offered a modest amendment to jeopardy unless we are able to work it I voted against an amendment of- say that verification and affirmation out in a way so there is not fraud in fered by my good friend and colleague will only go into effect when and if the this manner. The underlying bill is a from Montana, Senator BURNS. It was Attorney General of the United States modest step forward to eliminate that going to give some power to purge. I certifies that a State has had less than fraud. told him at the time I thought it was a half a percent of illegal ballots cast in I compliment the Senator from Mis- good idea. I think it is an even better the last two Federal elections. souri for his diligence in pursuing it. I idea now. Frankly, I don’t believe that signa- also compliment him for his diligence So we would like to work on finding ture affirmation or verification works in pursuing it over the weekend. It is a way to make sure we can make it as well as my colleagues claim. There pretty hard to find most of us over the easier to vote but tougher to cheat. As are not hundreds of thousands of people weekend. But he found me and talked I said, if the Schumer-Biden amend- denied an opportunity to register be- to me about this matter. I told him ment goes through as is, it makes it cause they don’t have any kind of that my experience supported the easier to cheat, not tougher to cheat. photo ID or government check or bank

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1232 CONGRESSIONAL RECORD — SENATE February 27, 2002 statement or utility bill or any other we can come to an agreement on the The PRESIDING OFFICER. Without kind of paycheck stubs with their issue of signatures and attestations. objection, it is so ordered. name and address on it. Any of those Let me say to my friend as well—and f people who do exist can vote provision- he and I went through this a great deal, ally, and they should be able to vote back an forth, on how we can resolve MORNING BUSINESS provisionally. I think there is a hand- these issues. As I understand it—and it Mr. DODD. Mr. President, I ask unan- ful at most, and we will accommodate gets hard trying to identify exactly imous consent that the Senate now them through provisional voting. But I what each State does—there are 28 or proceed to a period for morning busi- am most worried, for future elections, 29 States that do an attestation or sig- ness until 1 p.m., with Senators al- that there were 30,000 names that came nature. I may be off by a State or 2. As lowed to speak for not to exceed 10 in out of the blue, mail-in registrations I went down the list and tried to deter- minutes each. that had not been checked in the city mine how many States do that, many The PRESIDING OFFICER. Without of St. Louis. I would like to believe of these States believe that is a very objection, it is so ordered. they are all legitimate voters who all viable means by which to deal with the Mr. DODD. Mr. President, I suggest of a sudden got the real view that they fraud issue. the absence of a quorum. ought to register in one two-day pe- I know my colleague from Missouri The PRESIDING OFFICER. The riod. But 15 percent of the electorate? I has had different experience in his clerk will call the roll. don’t think so. State. I don’t argue with that, except The senior assistant bill clerk pro- Mr. President, I am not willing to to say that around the country there ceeded to call the roll. give up on this process. But I am not are different views on how best to The PRESIDING OFFICER. In my willing to see a bill go through that achieve these results. There is nothing capacity as a Senator from Indiana, I makes it easier to vote and easier to in here, obviously, that precludes the ask unanimous consent the quorum cheat. I thank the Chair and I yield the photo ID from being a part of that call be rescinded. floor. means of identification. The issue is Without objection, it is so ordered. Mr. DODD. Mr. President, first of all, whether or not we are going to, in I thank my colleague from Missouri for some way, restrict these other means f his expression of trying to find some of verification that a majority of common ground. We know each other RECESS SUBJECT TO THE CALL OF States have been comfortable with over THE CHAIR pretty well, and I would never question the years, and then if there is some- the motivations of my friend from Mis- thing else we might add to that to ad- The PRESIDING OFFICER. In my souri. He brings a lot of passion to dress the concerns the Senator from capacity as a Senator from Indiana, I matters he cares about. I like people Missouri raised. ask unanimous consent the Senate who do that. Aside from these particular amend- stand in recess subject to the call of As he knows, there has been a tire- ments that are pending, I will point the chair. less effort to cobble together a proposal out that, historically, the efforts of en- Without objection, it is so ordered. here that would enjoy the broad-based forcement have to be in the States; Thereupon, the Senate, at 12:16 p.m., support of this institution. We are that is, where there is a problem of recessed until 12:27 p.m. and reassem- dealing with 98 other colleagues, and fraud, the States have to pursue it. The bled when called to order by the Pre- when you deal with a matter like elec- Presiding Officer brings to this issue siding Officer (Ms. STABENOW). tions, everybody is an expert. We have more than a casual acquaintance with The PRESIDING OFFICER. The Sen- all been through them and everybody these issues having been—the Sec- ator from Nevada. has a point of view—unlike in other retary of State in his State worked di- f matters where members can defer to rectly in these areas. I presume he other colleagues. Here everybody has could bring to this discussion some ad- ORDER OF PROCEDURE something to contribute to the discus- ditional thoughts and ideas, and I am Mr. REID. Madam President, the sion and debate. I accept his words here grateful to him for that. managers of the bill and staff are work- to try to find some resolution of the As I said, the attestation and signa- ing through the amendment that is situation we are in. That is what I have ture have been used, and many States now before the Senate and trying to re- tried to do for a couple of weeks. Some- are comfortable with that. I am hope- solve this issue. We hope we can move times you need to have the votes, be- ful we can find some mechanism which forward on this legislation. There has cause then you know where; you are. will allow us to get beyond this par- been a tremendous amount of time Votes will let you know. ticular issue in such a way that while spent on it. The majority leader indi- This place is pretty equally divided it would not do everything, as my col- on this issue. We have to try to find cated that he wants to move this legis- league from Missouri might want, it lation as quickly as possible. The en- something here where a center can certainly will do more than the present gather and move the bill forward. We ergy legislation is waiting until this situation. bill is completed in some form or fash- are hoping to do that. What I suggest, because we have to ion. I hope everyone will understand it On the second-degree amendment— resolve this one way or the other, is will be to everyone’s benefit if we can and I appreciate him offering an that we take some time and get our re- proceed. There has been a hue and cry amendment that is substantive and spective staffs together and sit down from the other side that we need to do that goes to the heart of this. It is not and skull on this and see if we can the energy legislation. The only thing a frivolous amendment. It is one not hammer out some ideas and come back holding up our moving to that is the the least of which is—I presume the with some proposals on how we might legislation now before the Senate, the amendment refers to the U.S. Attorney deal with this. General. My colleague indicates that is My friend from Missouri is nodding reform bill on the election process in the case. The concern, I suppose, we in the affirmative. Rather than talk- America. I hope that can be done as hear from all States is that in this bill ing, it seems to me we would be advised soon as possible. they want to avoid to have the Justice to sit down and see, over the next half We are now in a period of morning Department all of a sudden be reaching hour or hour, if we can come back with business until 1 o’clock. At that time, into States. We are already trying to some ideas for consideration. That is the decision will be made as to what become a better partner in the election the path we will follow. will transpire thereafter. process, and that attorneys general, re- I suggest the absence of a quorum. I suggest the absence of a quorum. gardless of party, can all of a sudden, The PRESIDING OFFICER. The The PRESIDING OFFICER. The under this amendment, be engaged in clerk will call the roll. clerk will call the roll. some ‘‘fishing expeditions’’ on some of The senior assistant bill clerk pro- The assistant legislative clerk pro- these matters—I think we would all be ceeded to call the roll. ceeded to call the roll. concerned about that. Mr. DODD. Mr. President, I ask unan- Mr. BENNETT. Madam President, I There may be something we can work imous consent that the order for the ask unanimous consent that the order on that may provide a means by which quorum call be rescinded. for the quorum call be rescinded.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1233 The PRESIDING OFFICER. Without the political campaign. All the voter interest groups on behalf of Demo- objection, it is so ordered. knew was that these ads were unneces- cratic candidates is well spent and pro- f sarily nasty, unnecessarily antago- duces a benefit for the Democratic can- nistic, attacking candidate X. They didates. There will be an attempt—and CAMPAIGN FINANCE REFORM took it out on candidate Y. They I suspect overtime it will be success- Mr. BENNETT. Madam President, we blamed her for the attacks, and she ful—for Republicans to create special are about to finalize and pass on to the was powerless to do anything about it interest groups to balance that. President a bill on campaign finance because special interest groups have We will, once again, get to the point reform. Anyone who has followed the the right to run their own campaigns. of rough parity because money and pol- proceedings during the years knows As a result of the passing of cam- itics abhor a vacuum. We will have just that I have been opposed to this since paign finance reform, she would be as much money spent on politics as we I first came into the Chamber back in even more powerless to defend herself have now. The difference is that it will 1993. I remember participating in an against that kind of circumstance be- be channeled either through existing all-night filibuster against it, which cause she could not call on her na- special interest groups, most of which, Senator Mitchell forced us to go tional party for assistance. The party as I say, benefit the Democrats, or through. My hour, as I recall, was will be prevented from providing the newly created special interest groups something between 1 and 2 in the kind of help that is currently available. to counter that, created to benefit the morning because I didn’t have enough So, as I say, the net effect will be to in- Republicans. Once again, the total im- crease the power of special interest seniority to have an hour that was pact will be that candidates and parties groups in campaigns and to decrease more compatible with my sleeping pat- will lose control over their elections. the abilities of a candidate to manage terns. I hope the time does not come, but I his or her own campaign. I have done everything to see to it think it is possible, where candidates The next thing I see coming out of that this bill does not become law, for and parties become almost insignifi- one very fundamental reason: I believe this is, of course, a plethora of law- suits, because the bill is very badly cant in political campaigns; where po- it is clearly unconstitutional. It vio- litical campaigns are fought between lates both the spirit and the letter of written, it is badly drafted, and it cre- ates a whole series of vague references major special interest groups and can- the work of James Madison. I have didates simply sign up with which in- quoted Madison on the floor, but I have to the relationship between the na- tional party and the State party, Fed- terest group they are going to endorse been unsuccessful. It is clear to me now and then sit back, watch the money get that the law is going to pass. It is, in eral money, State money, what can be done by a State party to try to advance spent, and watch the results come in, all probability, going to be signed. with our historic political parties sig- I want to take a moment or two to its candidates; and what happens if the State party spends money in a way nificantly weakened, a candidate’s outline, in the spirit of some prophecy, ability to manage his own campaign what I think is going to happen as a re- that somehow is deemed to advance a national candidate, or Federal can- significantly degraded, and ultimately sult of the bill. I have tried to be as ob- politics in this country the worst as a jective as possible and set aside my didate? Let’s have a lawsuit. Let’s be in court. Let’s have all kinds of dis- result of the passage of this legislation. deeply felt conviction that this bill I lay that down, Madam President, as violates what Madison was telling us in putes. Once again, by limiting the amount my view of what is going to happen. the tenth Federalist about appropriate of money that parties can raise, it will The bill will be passed. If the bill is government. The first thing that is drain off party money to handle legal signed, then we can all wait and see. I very clear is that this bill will weak- bills. So, once again, the party will be hope I am wrong. I hope the reformers en—I won’t go so far as to say ‘‘de- less capable of defending its own can- are right and we will enter a new era of stroy,’’ as some others have said—both didates in the political arena. magnificent good feeling about poli- political parties. Neither party will be Now, at the moment, my judgment is tics. able to raise the money to pay the that there are more special interest My expectation is that, as has been lights, run the overhead, keep the oper- groups involved in issue advocacy cam- the case with most reform efforts until ation going and, at the same time, par- paigns who support Democrats than now, we will see things get worse rath- ticipate significantly in the campaigns there are who support Republicans. I er than better. of its members. By banning so-called have seen one study—I have no idea I yield the floor. soft money, we guarantee that each how accurate it is—that indicates that The PRESIDING OFFICER. The Sen- party will have to raise hard money to in the last Presidential campaign there ator from Nevada. keep its overhead going and, therefore, was about $300 million, total, spent on f be unable to put as much money and as both sides. If you take the money allo- EXTENSION OF MORNING much muscle into individual cam- cated to the parties, the Republican BUSINESS paigns. This means that special inter- Party outspent the Democratic Party. est groups which can raise this money But when you add in the issue advo- Mr. REID. Madam President, I ask have raised this money and will con- cacy money spent by special interest unanimous consent that morning busi- tinue to raise this money and will play groups, most of it was on the Demo- ness be extended until 1:30 p.m. today. an increasing role in political cam- cratic side of the ledger, so the total, The PRESIDING OFFICER. Without paigns. That is, the vacuum created by according to this one study, suggested objection, it is so ordered. pushing down the role of parties will be that you got to rough parity between The Senator from Pennsylvania. filled by special interest group money. the two sides in the election. Now, I Mr. SPECTER. Madam President, I We are already seeing this. I have seen think the initial effect will be—if it is ask unanimous consent to speak for up it in my home State of Utah. The net true there are more special interest to 15 minutes in morning business. effect of it will be that candidates will groups supporting Democrats—you will The PRESIDING OFFICER. Without increasingly lose control of their own see a financial benefit for the Demo- objection, it is so ordered. campaigns. crats through that special interest f We saw an example in Utah, where group, if indeed the money spent does NOMINATIONS OF JUDGE CHARLES candidate X was attacked by a special benefit them. Once again, we come PICKERING AND JUDGE BROOKS interest group over a particular issue. back to the example I described in SMITH Candidate Y, who normally would ben- Utah, where the money spent by the efit from that kind of attack, in fact, special interest group damaged the Mr. SPECTER. Madam President, I was appalled at the attack and did ev- candidate it was supposed to help, be- have sought recognition to announce erything she could to stop it because cause the candidate had no control, no my support for the nomination of Dis- she felt, correctly, that it was reflect- input, and had lost control of her cam- trict Court Judge Charles Pickering to ing on her. The voter could not dif- paign. the Court of Appeals and make some ferentiate between the source, whether Let’s assume, for the moment, that comments about the pending nomina- it was from a special interest group or all of the money spent by the special tion of Judge D. Brooks Smith, now

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1234 CONGRESSIONAL RECORD — SENATE February 27, 2002 Chief Judge of the Western District of having been here since 1954 and having (See Exhibit No. 1.) Pennsylvania for the Court of Appeals established himself as very sensitive Mr. SPECTER. Judge Smith was fur- for the Third Circuit, who had a hear- and very pro-civil rights, but if he were ther challenged on the issue of conflict ing yesterday, and to comment gen- to be judged on his record from the of interest when he sat on a case where erally about the issues facing the Judi- early 1960s, as some are trying to judge a bank was a depository, where he had ciary Committee on partisanship. then-State Senator Charles Pickering stock or financial interest in the bank Judge Pickering appeared before the on his record of the early 1970s, Sen- and his wife was an employee but the Judiciary Committee. Prior to that ator THURMOND would not be con- bank was not a party. The trustee in time, I had an opportunity to read his firmed. that case was Dick Thornburgh, for- opinions, to meet with him personally, I can count the votes, Madam Presi- merly Governor of Pennsylvania and to go over the issues, to study his dent, and it seems to me that, regret- also formerly Attorney General of the record, and it is my conclusion that if tably, the Judiciary Committee is United States. Governor Thornburgh we were dealing with State Senator going to vote along party lines and wrote an op-ed piece for the Pittsburgh Charles Pickering from the early 1970s, deny Judge Pickering an affirmative Post-Gazette exonerating Judge Smith we would not confirm him for the vote to bring his nomination to the from any issue of conflict of interest, Court of Appeals. But dealing with floor of the Senate. I may be wrong. I citing Justice Donetta Ambrose who Charles Pickering in the year 2002, hope I am wrong. I do not think I am succeeded Judge Smith to handle that based upon his record today, he is wor- wrong. It seems to me that whatever case after Judge Smith recused him- thy of confirmation. the vote for confirmation is in the Ju- self. In the early 1960s, it was a different diciary Committee, Judge Pickering I ask unanimous consent that at the world, as we all know. Prior to the pas- ought to come to the full Senate. conclusion of this statement the op-ed sage of the Civil Rights Act of 1964, Judge Bork and Judge Thomas— piece by Governor Thornburgh be prior to the passage of the Voting Judge Bork then a judge on the Dis- printed in the RECORD. Rights Act and the early days fol- trict of Columbia Circuit Court—re- The PRESIDING OFFICER. Without lowing the decision of the Supreme ceived a negative vote in the Senate objection, it is so ordered. (See Exhibit No. 2.) Court in Brown v. Board of Education Judiciary Committee 9 to 5, but he was Mr. SPECTER. Judge Smith was handed down in 1954, it was a different voted to the floor for full consideration questioned at some length about trips world. and ultimately did not prevail and was he had made to seminars, that there Judge Pickering has distinguished defeated 42 in favor, 58 against. might have been an effort to influence himself and has shown that he has a Justice Thomas, then Judge Thomas, his decisions and that they were, in ef- sensitivity to civil rights issues. He had a tie vote in the Judiciary Com- fect, junkets. spoke out against the leader of the Ku mittee but was voted out of the Judici- There is a famous expression that it Klux Klan in a way which was a threat ary Committee by a vote of 13 to 1 to does not lie in the mouth of someone to to his personal security. He has dem- be considered by the full Senate. say something, which really means onstrated in his conduct a sensitivity In the old days, the Judiciary Com- that party has no standing to raise the to racial matters. mittee used to bottle up a lot of civil question. There has been quite a divergence in rights legislation. It is my view that I do not think that the Senate, or opinion about Judge Pickering based this is a matter which ought to be con- Senators, have standing to raise ques- upon people inside the beltway, in sidered by the full Senate. tions about travel. I say that in the Washington, contrasted with the Afri- Yesterday, we had the confirmation context of traveling myself, and I can Americans who know Judge hearing of United States District Court think those travels are very worth- Charles Pickering from his hometown Judge D. Brooks Smith, who was rec- while. And I have gone to seminars, of Laurel, MS. ommended by Senator Heinz and my- and I make the appropriate disclosure The pseudo-hearings which have been self in 1988, appointed by President on my financial statements. conducted on national television and Reagan, and has had a very distin- The seminars that Judge Smith at- the comments in the national press guished record on the United States tended were entirely appropriate, and from those who know Judge Pickering District Court for the Western District he was challenged because he had not from Mississippi portray a very dif- of Pennsylvania where he now serves as listed the value of those trips to semi- ferent man than those who oppose his chief judge. nars. He stated that he thought he had nomination within the beltway. Prior to that, he had been in the complied with the law. Since staff has In making that comparison, I raise Court of Common Pleas in Blair Coun- checked out, it was found there was no no objection to the opinions of the po- ty, PA, and prior to that had been as- requirement that the value be listed. sitions taken by people who have spo- sistant district attorney. It may be when we are talking about ken out against Judge Pickering. That Judge Smith was challenged on a Judge Pickering and perhaps about is their right. But I do make a sharp number of grounds. People raised ques- Judge Smith—and I feel confident distinction in terms of the value of tions about his reversal rate, but when Judge Smith will be acted upon favor- those opinions and the weight which that was examined, we found that of ably by the Judiciary Committee, but ought to be given to those opinions the approximately 5,300 cases that one never knows—but in looking at the when you have people who know him so Judge Smith had, about 10 percent of proceedings as to Judge Pickering, this much better on his home turf. them were appealed, about 530 cases, may be a warm-up for the next Su- If we were to apply the standards and that his reversal rate was right at preme Court nomination. which would have been applicable to 10 percent, which is right at the norm. When Attorney General John State Senator Charles Pickering in the His reversal rate was higher in 1989, Ashcroft was up for a confirmation early 1970s, it would be very different. his first year as a federal judge, in ex- hearing, there was an undertone that I cannot help but think of Senator cess of 35 percent. As the years passed where you have the issue of choice, THURMOND who ran for President as a and as he gained more experience, he someone has to be willing to say they Dixiecrat in 1948 and who was a brought that reversal rate down very will support Roe v. Wade. It really did staunch opponent of many of the civil substantially. With the total number of not apply to the Attorney General’s rights issues. Senator THURMOND, as so cases, about 5,300, and something nomination itself but as to his pro-life many others, like Charles Pickering, around 50 reversals, it is right at the 1 position, which then-Senator Ashcroft changed over the years and saw the percent mark. had articulated, we knew his position. evolution from desegregation in Brown I ask unanimous consent that at the There was an undertone in the hearing, v. Board of Education in 1954 to a very conclusion of this presentation the text and some on the Judiciary Committee different era. of the record of Judge Smith on rever- have articulated a view that there Senator THURMOND has enormous sals be printed in the RECORD. ought to be a litmus test, that nobody support among African Americans. I The PRESIDING OFFICER (Mrs. ought to be confirmed unless that judi- mention him because he is someone MURRAY). Without objection, it is so cial nominee is prepared to say the known to everybody in the Senate, ordered. nominee would uphold Roe v. Wade.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1235 When those issues have been posed in PERCENTAGES over the assets, and Judge Smith’s initial the past, the nominees have been ac- Smith has been reversed in 10% of appealed order distributing 50 percent of frozen funds corded standing to say they are not cases (i.e., 53 of 526 cases). to defrauded school districts just approved going to comment about cases which He has been reversed in only 1% of closed an interim plan proposed jointly by me and cases (i.e., 53 of 5,298 cases). the Securities and Exchange Commission may come before the Court. But there while the case proceeded. is what at least appears to be an effort COMPARISON to put Roe v. Wade on a par with Smith’s 10% average reversal rate (in ap- When Judge Smith later received informa- pealed cases) from 1989–2001 is similar to the Brown v. Board of Education. Doubt- tion that Mid-State could, in the future, con- average annual reversal rate for the Third ceivably play a role in the litigation, out of less it is true that no one could be con- Circuit and for all circuits for appeals termi- an excess of caution he immediately recused firmed to the Supreme Court of the nated on the merits. himself sua sponte, without being asked by United States or to the Federal judici- [Amount in percent] either party. The actions that Judge Smith ary if they said they would favor re- took prior to his recusal in the civil case did versing Brown v. Board of Education Third All nothing to limit Mid—State’s eventual li- Smith Circuit circuits and integration. It is going to be a ability exposure or impact the victims’ hotly contested issue, I believe. 1989 ...... 29.16 12.4 13.4 rights of recovery. 1990 ...... 15.38 11.3 11.8 Again, I may be wrong, but I do not 1991 ...... 3 .7 10 .4 11 .7 In fact, the attacks by interest groups ig- think so, that some in the Senate and 1992 ...... 12.5 10.4 11.0 nore the fact that no funds were even depos- 1993 ...... 6 .66 10 .3 10 .0 ited at Mid-State at the time Judge Smith some on the Judiciary Committee, and 1994 ...... 11.9 11.8 10.0 perhaps many others, are trying to 1995 ...... 6 .55 9 .4 11 .0 granted his last orders. As trustee, I had equate Roe v. Wade with Brown v. 1996 ...... 10 9.9 9.4 transferred the assets to another bank sev- 1997 ...... 16 .66 9 .9 9 .1 eral days before this order. Nothing that oc- Board of Education. 1998 ...... 13.51 9.0 10.2 1999 ...... 0 10.4 9.1 curred between this order and Judge Smith’s We see the changing times on the 2000 ...... 9 .3 12 .0 9.7 recusal days later benefited Mid-State. issue of the death penalty for people 2001 ...... 5 .88 11 .7 9 .2 Judge Donetta Ambrose, who obtained the who have a mental impairment, with Notes: None of the cases closed by Smith in 1988 were appealed. The re- case after Judge Smith’s recusal, agreed. She the Supreme Court saying they are versal rates for the Third Circuit and for all circuits were obtained from the wrote to the Senate Judiciary Committee to Administrative Office of the U.S. Courts; these rates do not include data re- looking for a national consensus before garding the Federal Circuit. say, ‘‘There was never any suggestion by me changing the law. On the evaluation of or the Court of Appeals that Judge Smith EXHIBIT 2 judicial decisions where the Court does acted inappropriately or unethically. Rather, [From the Pittsburgh Post-Gazette, look for an evolving national consensus he acted prudently and cautiously. . . . The February 26, 2002] allegations of unethical conduct in the con- to establish the moral temper ofttimes, SETTING THE RECORD STRAIGHT ON JUDGE D. text of this case are without foundation.’’ with the Court’s interpretations being BROOKS SMITH Partisan critics also improperly fault very different on the equal protection (By Dick Thornburgh) clause of Plessy v. Ferguson in 1896 Judge Smith for temporarily handling a WASHINGTON.—Today the Senate Judiciary later criminal case against the investment compared to the reversal of Brown v. Committee will consider President Bush’s adviser. Nobody involved in the case has al- Board of Education in 1954. nomination of Chief U.S. District Judge D. leged that Judge Smith issued any improper I do believe it is time for a truce be- Brooks smith for the 3rd U.S. Circuit Court orders or took any inappropriate action. The tween Republicans and Democrats on of Appeals, headquartered in Philadelphia. case was assigned to Judge Smith only after this issue of judicial confirmations. I For 18 years, Judge Smith has served lawyers in the case agreed that it was unre- think we ought to declare a truce and Pennsylvanians with distinction. Judge lated to the SEC’s civil case. Mid-State Bank sign an armistice agreement that we Smith boasts first-rate credentials in addi- was not a party. The U.S. attorney’s office tion to his years of judicial experience, and never sought recusal, and defense counsel did are not going to have a repetition of the American Bar Association unanimously what happened when we had a Demo- not seek recusal until four months later, gave him its highest rating. Over 100 Demo- when Judge Smith immediately recused him- crat in the White House and Repub- crats and Republicans alike have signed let- self. licans in control of the Judiciary Com- ters of support to the Senate Judiciary Com- mittee. That was the position I took at mittee. These letters from judges, public of- As governor of Pennsylvania in 1984, I had the time in breaking party ranks and ficials and leaders of civil liberties, labor, the honor of originally nominating Brooks and women’s organizations all praise Judge Smith to sit on the Court of Common Pleas voting to confirm Judge Paez and in Blair County. In 1988, while attorney gen- Judge Marcia Berzon and in voting to Smith’s fairness and impartiality. The Post- Gazette has detailed the campaign against eral of the United States, I had the honor of confirm Judge Roger Gregory for the Judge Smith by the Community Rights seeing the U.S. Senate unanimously confirm Court of Appeals for the Fourth Cir- Counsel and other extreme interest groups. Brooks Smith as a federal judge. This year, cuit, and in voting to confirm Bill Lan Just as night follows day, it seems the usual I hope to see the same Senate set aside the Lee for Assistant Attorney General of suspects are lining up for another effort to recent attacks of extreme interest groups the Civil Division. We ought to declare ‘‘Bork’’ a distinguished judge. Specifically, and honor Judge Smith’s long record of judi- this truce and ought to sign this armi- critics argue that Judge Smith should have cial service with a swift and unanimous ap- stice so we take partisan politics out of immediately recused himself from a 1997 mu- proval to the 3rd Circuit. the confirmation process of Federal nicipal fraud case involving an investment By any measure of judicial merit, Brooks adviser later convicted of defrauding several judges. It is high time we did that. Smith is qualified to serve. Like the presi- Pennsylvania school districts. Critics say dent who nominated him, Brooks Smith has I hope the confirmation proceeding recusal was necessary as Judge Smith’s wife as to Judge Charles Pickering ele- rallied a broad coalition of support. It would worked at Mid-State Bank where some of the be wrong to allow extreme interest groups to vating him from the district court to defendants’ assets were deposited, and the delay his confirmation by even one day. the court of appeals will be a good oc- Smiths held stock in Mid-State’s parent However, I am optimistic that this will not casion for that truce, or that signing of company. occur. Judge Smith acquired his reputation an armistice. Please allow me to set the record straight. for honesty, uprightness and professionalism I yield the floor. I served as the trustee for the defrauded the old-fashioned way—he earned it. And it schools and bore a fiduciary duty to safe- EXHIBIT 1 will see him through. guard their funds. And I can say with front- BROOKS SMITH—CASE STATISTICS row, firsthand knowledge that Judge Smith Mr. SPECTER. I suggest the absence ABSOLUTE NUMBERS acted with absolute integrity, independence of a quorum. Smith has closed 5,298 cases—of which 526 and honor. cases were appealed to the Third Circuit. First, Mid-State Bank was not a party to The PRESIDING OFFICER. The Smith has been reversed 53 times over his the case, and nothing at the outset suggested clerk will call the roll. 13 year career as a federal judge (since 11/1/ Mid-State was complicit in any fraudulent The assistant legislative clerk pro- 1988). scheme. It was therefore unlikely that Judge Note that in 12 of these 53 cases (i.e., about Smith’s wife, who worked in an unrelated ceeded to call the roll. one-fourth of the cases), Smith was affirmed part of the bank, would become a material Mr. REID. Madam President, I ask in part and reversed in part. And some of witness. Since the complint did not allege unanimous consent the order for the these were complex cases involving numer- any wrongdoing by the bank holding the de- quorum call be dispensed with. ous issues where he was affirmed on nearly fendants’ funds, any stock the Smiths owned all of the issues but reversed on one ground in its parent company was immaterial. As The PRESIDING OFFICER. Without or a few grounds. trustee, I had sole possession of and control objection, it is so ordered.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1236 CONGRESSIONAL RECORD — SENATE February 27, 2002 EXTENSION OF MORNING I suggest the absence of a quorum. What about our steelworkers and our BUSINESS The PRESIDING OFFICER. The steelworker retirees? There are over Mr. REID. Madam President, I ask clerk will call the roll. 300,000 people currently working as The legislative clerk proceeded to unanimous consent that morning busi- steel and iron workers. There are now call the roll. over 700,000 retirees and surviving ness be extended until 2 o’clock today. Ms. MIKULSKI. Madam President, I The PRESIDING OFFICER. Without spouses. All told, there are more than 1 ask unanimous consent that the order million Americans, both retired and on objection, it is so ordered. for the quorum call be rescinded. Mr. REID. I suggest the absence of a the job now, who depend on steel for The PRESIDING OFFICER. Without their livelihood, their pension, and quorum. objection, it is so ordered. The PRESIDING OFFICER. The their health care. f clerk will call the roll. What caused this crisis? Is it because The bill clerk proceeded to call the STEEL American steel was inefficient, because roll. Ms. MIKULSKI. Madam President, the unions wouldn’t cooperate with Mr. DODD. Madam President, I ask today I come to the Senate Chamber to management, because we didn’t use unanimous consent the order for the stand up for steel. There is a crisis in new technologies or new processes? Ab- quorum call be rescinded. America’s steel industry. The next few solutely not. The reason American The PRESIDING OFFICER. Without weeks will determine the fate and fu- steel is in such dire straits is unfair objection, it is so ordered. ture of that industry and, I believe, the trade. Foreign steel companies, sub- sidized by their government, dump ex- f fate and future of our steelworkers today and our retired steelworkers. cess steel in our market at those fire NEGOTIATIONS ON THE ISSUE OF I commend President Bush for initi- sale prices. VOTER IDENTIFICATION ating the section 201 investigation on The United States of America does steel. That means an investigation by not have excess capacity. The United Mr. DODD. Madam President, I just States and Canada have been net im- want to give the Presiding Officer a lit- the International Trade Commission on whether or not we are facing unfair porters of steel. If you want to look at tle bit of an update on where things are examples of these subsidies, let me give regarding negotiations on the Schu- dumping. I am now calling on the President to impose an effective rem- you one: Russia. This comes from the mer-Wyden-Bond issue involving the Bloomberg Business Report. This does question of voter identification. edy; that is, a remedy of 40-percent tar- iffs across the board on steel. not come from BARB MIKULSKI. The Staffs are meeting. There has been no Since 1997, 31 steel companies have Bloomberg Report last week talked resolution, I am sad to report, at this gone bankrupt, putting at risk over about how the Russian Government juncture, but they are meeting and are 62,000 jobs. Why is this? It is exactly keeps 1,000 unprofitable steel plants working on this. what the International Trade Commis- open through Russian subsidies. That I thank Senator SCHUMER and Sen- sion found: Subsidized foreign steel is not 1,000 workers; that is 1,000 steel ator WYDEN and their staffs, along with companies dump their excess products plants. Because of those subsidies, they Senator BOND and his staff, to see if on the United States market at below are able to stay in operation. they can come forward with a com- market prices. They come into the How can we compete with Russian promise proposal. As I mentioned two United States and flood us with their subsidies where they have comrade or three times already today, I hoped imports at fire sale prices. health care, all their health care is that would have happened before we In response to this unprecedented cri- paid for, they get subsidies in steel, got to the vote today. I made a pitch sis, President Bush did take an impor- and at the same time we are expected and appeal on numerous occasions, but tant step of initiating an investigation to compete? there was not much of an appetite for under section 201 of the trade act. The What is the solution? We need a level a compromise until now. ITC unanimously found that these im- playing field by reducing excess steel My hope is we can come to this soon- ports have caused serious harm to the capacity abroad. er rather than later. I apologize to my American steel industry. Now the The way we also send them a mes- colleagues. I apologize to Senator President has to act before tens of sage to stop the dumping is by impos- DASCHLE, who has been absolutely stel- thousands more jobs are lost and retir- ing a 40-percent tariff. That would level lar in all of this. I am sure he is going ees face the threat to their pensions the playing field. Half measures will to remind me for years to come, when and their health care. He must take not do. We need that 40-percent tariff he asked me how long this bill might meaningful action, not just some half and we need it without exception. The take, I said I thought we could do it in measure that doesn’t meet the chal- effects will last much longer than the 3 a day. I suspect I will hear that story lenge of the crisis. or 4 years because America’s steel in- over and over again for many years to Steel is in crisis. Last year, 17 steel dustry will have a chance to get back come. companies filed for bankruptcy protec- on its feet. We have been on it 2 days. We were tion, 14 steel mills shut down, and America’s steel industry is the best on it for 2 days when we were not in nearly 30,000 workers lost their jobs. in the world and I can’t emphasize how session, a Friday and a Monday. We did Why does steel matter? This is not competitive we are. It is the most effi- get some work done then. On the nostalgia for our industrial past. This cient, uses the fewest man-hours avail- Thursday of the week before recess, we is about our national and our economic able per ton, thanks to our steel- were here, and yesterday, now today, security. workers making the best use of tech- so at least 21⁄2 days. If we are worried about dependence nology and a willingness to cooperate My hope is that by later this after- on foreign oil, we should certainly be with management. It is also the most noon, sooner rather than later, we can worried about dependence on foreign environmentally sound, producing less report a compromise proposal, then the steel. We need steel to build America, emissions on steel produced. rest of the amendments we can deal whether it is our bridges or our auto- Do you think those 1,000 Russian with fairly quickly. There will be votes mobiles, and also for our national secu- steel mills are going to be environ- on some. I don’t anticipate that any rity. In my own home State of Mary- mentally sensitive and OSHA compli- one of them, regardless of the outcome, land, Bethlehem Steel made the steel ant? I don’t think so. American steel would provoke the kind of situation we plate to repair the U.S.S. Cole. It is companies have invested over $20 bil- are in at this particular juncture. American steel that is building Navy lion in new technology to achieve these Hope springs eternal, even in Feb- ships, Navy subs, American planes, the efficiencies. American steelworkers ruary. I am hopeful that before the kind of steel we need for those bunker- have made painful concessions in wages afternoon is out, we can make a favor- buster bombs we need. and benefits so that the industry would able report to the Chair and to our col- Are we going to rely upon Russia, be efficient and competitive and would leagues that the election reform bill is China, and other countries and be steel have a future. prepared to move forward and get to dependent? I don’t think we should do Madam President, the President final passage. that. must act now. The next few weeks will

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1237 determine the fate and future of the THE WIND ENERGY PRODUCTION This new technology is highly effi- steel industry. There is a March 6 dead- TAX CREDIT SHOULD BE EX- cient and, with the small production line for a remedying decision, the tariff TENDED tax credit, is also very competitive. We decision. The President has the author- Mr. DORGAN. Madam President, have brought the price of wind energy ity. We want him now to have the will. about a week ago I spoke briefly on a way down, and now if we extend this We want him to impose this 40-percent subject that falls under the jurisdiction wind energy tax credit for 5 years, we tariff, give American steel mills a fu- of the Senate Finance Committee and will be able to unleash the opportuni- ture and, most of all, protect the that is referred to as the extenders. ties in wind energy development. United States of America against de- This term does not mean much to peo- A CEO of a company came to see me pendence on foreign steel. Steel built ple, but the extenders are tax provi- about 2 weeks ago and said his com- our Nation; steel will continue to build sions that expire at certain times. For pany has 150 megawatts of wind-gen- our Nation, and most of all, steel will example, at the end of last year one of erated electricity on the books and pre- help us protect our Nation. Steel built the tax provisions that expired was the pared to build in North Dakota. He told America and it is now time that we wind energy production tax credit. It is me the company has the money for it, stand up for steel. I hope we can count a tax credit that was in law to stimu- $130 million to $150 million, the plans on the President to do this, and we late the development of wind energy in complete, but that it cannot move for- thank him for the work he has already our country. ward until the company knows whether done. That tax credit expired on December Congress is going to extend the wind I yield the floor and look forward to 31 and, at that moment, the develop- energy production tax credit. standing with the Presiding Officer as ment pretty well stopped because the The fact is, the Congress is messing we stand up for steel. expectation was that the credit would around back and forth, stuttering, and Mr. REID. Madam President, before be extended, but it has not been ex- not getting it done. This back and the Senator leaves the floor, I want to tended. This credit is one of a handful forth between the House and the Sen- say that she is a leader on this issue. I of extenders that should have been ex- ate means the extenders did not get told her privately yesterday that wher- tended at the end of last year. The Con- finished. ever she pointed me to help steel, I gress did not do it, because it got con- What does that mean? It means com- would be there. I also say it is not nected to the issue of the economic re- panies that were preparing investments often that you find a Senator who covery package, and it went back and and were going to be able to build wind works as hard privately as publicly. I forth between the House and the Sen- energy facilities across this country have been in a number of private meet- ate. have now put these plans on hold. The fact is, at the end of the day, ings with the Senator from Maryland, Does that make sense for the coun- this tax provision expired and wind en- where she has been a staunch vocal ad- try? Is that a good energy strategy? I ergy development has pretty well vocate of doing something to help the do not think so. stopped around the country. By ‘‘wind steelworkers and the steel industry of I am going to be asking unanimous energy development,’’ I mean those de- consent, and I will not do it at the mo- this country. velopments that were on the books The people of Maryland should under- ment because I wanted to provide no- with plans underway, and ready to be tice to others in the Chamber as a mat- stand the advocacy of this giant from financed and installed across the coun- Maryland who is working so hard for ter of courtesy, but I will ask either try. later today or tomorrow, unanimous the people who have been so good to What does this wind energy mean? consent to take up the legislation that America—the steelworkers and the We are going to take up an energy bill I have previously introduced, S. 94. It steel industry, generally. as soon as we figure out what to do provides a 5-year extension of the tax Ms. MIKULSKI. Madam President, I with the filibuster on the election re- credit for electricity produced from thank the Senator from Nevada for form bill, and when we talk about the those gracious and complimentary re- energy bill in this country we talk wind. I will ask that it be discharged marks. This is a man from Searchlight, about the need to produce additional from the Senate Finance Committee NV. He knows what hard work is be- energy: more oil, more natural gas, and be brought to the floor and voted cause of the way he pulled himself up more coal. Yes, we are going to produce on. This is not controversial. We have by the bootstraps, and he has given op- more by digging and drilling, and do portunity to other people. All those that in an environmentally acceptable done this before. We should have done people working in the mines in Nevada, way. But limitless and renewable it last December but did not. It does who every day have those calloused sources of energy such as ethanol, bio- not require a big debate. We have had hands in the end, have a very strong diesel, wind energy, and others, are debate after debate on this. It is widely advocate in him. We have to stand up also a very important part of what we supported by virtually the entire Sen- for the ordinary people who do extraor- ought to be doing in this country. ate and the entire House, but it does dinary things in our country. I look Let me focus for a moment on wind not get done. It is one of these things forward to working with the Senator. energy, because I come from a State in that runs off the ditch and gets stuck which wind energy has great potential. there, and nobody thinks much about f The Department of Energy ranks the it. States and their potential for wind en- The problem is we are not producing EXTENSION OF MORNING the energy we could be producing, be- BUSINESS ergy, and North Dakota ranks No. 1. We are called the Saudi Arabia of wind cause these projects are not being Mr. REID. Madam president, I ask for its energy potential. built. As we get people in the Senate unanimous consent that morning busi- North Dakota is a lot of things. Most who ring their hands and gnash their ness be extended until the hour of 3 of all, it is wonderful. It ranks 50th, teeth and wipe their brow about Amer- p.m. today. dead last, in native forest lands. That ica’s energy problems, I want every- The PRESIDING OFFICER. Without means we have less trees than anybody body to understand that part of the so- objection, it is so ordered. else. But we have a ranking of No. 1 in lution—just part—to that problem is to Mr. REID. Madam President, I sug- wind and the ability to take the energy build these projects that are ready to gest the absence of a quorum. from the wind, put it in transmission go, that can produce and create these The PRESIDING OFFICER. The lines, and move it around our country new highly efficient wind energy tur- clerk will call the roll. to extend America’s energy supply. bines, that can put electricity in our The legislative clerk proceeded to I held a wind energy conference in transmission lines and move it around call the roll. Grand Forks, ND, last week. Over 700 the country. Mr. DORGAN. Madam President, I people came to the conference from all Does anybody remember California ask unanimous consent that the order over the country. They had a display of and the price spikes, some of the other for the quorum call be rescinded. a couple of the types of blades used in problems we have experienced with en- The PRESIDING OFFICER. Without the new, very large turbines. One of ergy supply? The fact is, this country objection, it is so ordered. these blades weighs 18,000 pounds. needs this new form of energy.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1238 CONGRESSIONAL RECORD — SENATE February 27, 2002 I would like to talk for an hour about tries of Shreveport, LA, a builder of bines—furloughed 150 of its 500 employees ethanol, biodiesel, and other limitless metal towers for wind turbines, fur- just before Christmas 2001 because failure to and renewable sources of energy. One loughed 150 of its 500 employees just be- extend the wind tax credit resulted in no new of the big oil companies once said that orders for towers. Last year the company fore Christmas. Zond Wind Turbines in built 800 steel towers for wind turbines. Con- ethanol is no good, that it will not California near Bakersfield furloughed tact: Alberto Garcia, VP for Sales at 318–865– work. I saw it in a quarter-page ad in a 85 skilled workers. In West Virginia, 6351. daily newspaper, and I thought, well, if Atlantic Renewable Energy Corpora- California: Zond wind turbines, manufac- the big oil companies say this is not tion will indefinitely delay a $65 mil- tured near Bakersfield, CA, have furloughed any good, it must be something we lion investment in its Backbone Moun- 85 skilled workers because failure to extend ought to take a closer look at: Taking tain site in Tucker County. That is 150 the PTC has caused a halt in orders for new the alcohol from a kernel of corn—you turbines. Contact: Robert ‘‘Hap’’ Boyd at construction jobs. M.A. Mortenson 213–452–5103. get a drop of alcohol from a kernel of Company of Minneapolis, MN, that de- West Virginia: Without an immediate PTC corn—and you still have the protein signs and builds wind tower projects extension Atlantic Renewable Energy Corp. feedstock left. One can use that alcohol throughout the United States, will will indefinitely delay a $65 million invest- to help contribute to America’s energy hold off creating 150 direct construc- ment in its Backbone Mountain site in Tuck- supply. That makes good sense to me. tion jobs and 450 subcontractor jobs er County. This project would provide about But taking energy from the wind and without the extension. 150 construction jobs and as many as 6 per- running it through a turbine, through The list goes on. I ask unanimous manent operations and maintenance jobs. Contact: Sam Enfield of Atlantic Renewable blades that turn, and then moving the consent to have this printed in the Energy Corporation at 301–407–0424. electricity to the transmission lines, RECORD. Minnesota: M.A. Mortenson Company of makes eminent good sense. There being no objection, the mate- Minneapolis, Minnesota a design/build con- There is no excuse at all for this Con- rial was ordered to be printed in the tractor of wind power projects throughout gress to twiddle its thumbs when it RECORD, as follows: the United States will have to hold off on ought to extend these production tax ECONOMIC DEVELOPMENT FOREGONE DUE TO creating up to 150 direct construction jobs credits for wind energy. It ought to be DELAY IN EXTENDING THE WIND ENERGY and 450 subcontractor jobs in 2002 without done not next week, not next month, PRODUCTION TAX CREDIT (PTC) the PTC extension. The loss in revenue to In 2001 the wind industry installed nearly M.A. Mortenson Company will be up to not next year; it ought to be done now. $70,000,000 in 2002. Contact Jerry Grundtner, It ought to be done for 5 years. If we 1,700 megawatts (MW) of new capacity spur- ring more than $1.7 billion in direct eco- General Manager, at 763–387–5513. get people to come out and say first Farm Economy: Net farm earnings are ex- nomic activity. let’s not do it, I say they are not think- For this level of economic activity to con- pected to drop by 20 percent his year (from ing much about America’s energy tinue in 2002, Congress must pass a multi- $49.3 billion to $40.6 billion) according to the needs. year extension of the wind energy Produc- U.S. Department of Agriculture. Extending If they say let’s do it for a year, I say tion Tax Credit (PTC) immediately. Failure the PTC expeditiously will pump significant it will not matter. It will not mean a to do so would forego billions in economic additional income into the farm economy by allowing more farms to host wind turbines. thing. That will not provide enough of activity and thousands of jobs such as . . . Texas: Lonestar Transportation of Ft. Wind developers provide lease payments to an incentive for anybody to do any- farmers of about $3,000 per wind turbine, per thing. Let us give people an oppor- Worth, TX is losing $1.5 million in revenue per month due to the PTC delay. Last year year for twenty years or more. tunity to plan, to do the right thing. the company earned $20 million—a full 20 Mr. DORGAN. Madam President, I Let us give people the opportunity and percent of company revenues—by trucking am disappointed we have not been able the incentive to build, to extend Amer- wind turbine towers, blades, and generating to get this completed. It is a matter of ica’s energy supplies. units to development sites. Contact: David will. We understand there is wide sup- I am intending to offer that unani- Ferebee, V.P. of Sales at 1–800–541–8271. port here and in the House. Bring it up, Trinity Industries of Dallas, TX, a builder mous consent request either later pass it on the floor of the Senate and today or tomorrow and would want to of wind turbine towers, has furloughed 200 workers and projects a revenue loss of $7 mil- the House, and send it to the President, put people on notice of that. so projects can go forward beginning Let me, if I might, read a couple of lion per month (or $84 million over 12 months) until the PTC is extended. Contact: tomorrow, next week, and next month. examples of what has happened because John Miller at 512–322–0299. Skilled workers will find they are re- Congress did not do what it should do. MFG, a builder of fiberglass turbine blades hired by the companies. New jobs will Lonestar Transportation of Fort located in Gainsville, laid off 138 skilled be created. We will extend America’s Worth, TX, is losing $1.5 million in rev- workers upon notification that Congress had energy supply. It is exactly what we enue per month due to the delay of this not extended the wind tax credit. Georgia and Texas: CAB, Inc. of Oakwood, ought to do. production tax credit. Trinity Indus- For that reason, I intend to make tries of Dallas, TX, a builder of wind GA and Nacogdoches, TX, a manufacturer of steel tower components will likely see a 50 unanimous consent requests that the turbine towers, has furloughed 200 percent reduction in revenues with work- Finance Committee be discharged and workers and projects a revenue loss of force reductions of 30–40%. Contact: Ms. we bring up and pass S. 94, legislation $7 million a month. MFG, a builder of Terri Jondahl, Executive Vice President, to provide a 5-year extension of the tax fiberglass turbine blades located in Chief Operating Officer, at 888–241–7312, credit for electricity produced from Gainesville, TX, laid off 138 skilled www.cabinc.com. Oregon: Investment will not be made in a wind. I intend to come to the Chamber workers. Georgia and Texas: CAB, Inc. and talk about this—until I am more of Oakwood, GA, and also in Texas, multi-million dollar wind turbine manufac- turing facility for Portland that would have than a minor annoyance—to see if we that manufactures steel tower compo- provided as many as 1,000 jobs. can get people to understand we have a nents, will see a 50-percent reduction in North Dakota: DMI Industries, a tower responsibility to act in the interests of revenues because of failure to extend manufacturer in West Fargo, ND, will likely this country. this. In Oregon, investment will not be see a 25 percent decrease in revenues (about I yield the floor. made in a multimillion-dollar wind $15 million) in 2002 without an early PTC ex- The PRESIDING OFFICER. The Sen- tension. The company currently employs 165 turbine manufacturing facility for ator from Alaska. Portland. DMI Industries in my State people and planned to hire an additional 50. Contact: Chuck Savageau, Business Develop- f of North Dakota, a tower manufacturer ment Manager at 701–282–6959, ENERGY in West Fargo, will likely see a 25-per- [email protected]. cent decrease in revenues. The com- LMGlasfiber, a wind turbine blade manu- Mr. MURKOWSKI. Madam President, pany currently employs 165 people and facturer in Grand Forks has furloughed 30 I will respond briefly to my good was planning to hire an additional 50. percent of its more than 100 employees be- friend, Senator DORGAN. I totally agree They will not be able to do that at this cause of failure to extend the wind tax cred- with his concept that we should pursue point. LM Glasfiber, a wind turbine it. Had the tax credit been extended last ethanol and wind and all alternative year, the company would have ramped up to blade manufacturer in Grand Forks, 200 jobs. Contact: Craig Hoiseth, President, sources of energy. We will need them. has furloughed 30 percent of its 100 em- LM Glasfiber, 701–780–9910. There is absolutely no question. We ployees because of failure to extend the Louisiana: Beaird Industries of Shreveport, need all the energy we can produce in tax credit. In Louisiana, Beaird Indus- LA—a builder of metal towers for wind tur- this country.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1239 The good news is the energy bill has majority leader who simply says we are I want to refer to a couple of other been laid down. I hope we can start on not going to allow the committee of ju- points that I think are germane to the this relatively soon. Clearly, we have risdiction to take up the bill and vote debate which is going to take place. to get the pending business resolved. I it out and bring it to the floor. For some time now we have been de- will discuss the foundation we begin That prevailed, and we have a situa- pendent on imported oil from Iraq. As with. It is a departure from the tradi- tion where we are about to start debate a matter of fact, on September 11 we tions of this body. It is unfortunate the on a very complex bill that has not were importing a little over 1 million majority leader has seen fit to mandate gone through the committee process. barrels a day from that nation. We are a procedure that is clearly contrary to What does this mean? This means enforcing a no-fly zone over that na- the traditions of the process associated every Member will be subjected to tion. We are putting the lives of our with the committees of jurisdiction. I some very complex issues, those par- young men and women at risk enforc- am referring specifically, as former ticularly associated with the elec- ing that no-fly zone. Yet we are buying chairman of the Energy and Natural tricity portion. They are not going to oil. It is almost as if we take the oil, Resources Committee and now the understand the terminology because it put it in our airplanes, and go take out ranking member, to the manner in didn’t go through the committee. his targets. which the majority leader saw fit to There will be a lot of interest on behalf What does he do with the money he circumvent the responsibilities of the of various lobbyists who have different receives from the United States? He committee of jurisdiction. points of view relative to certain as- keeps his Republican Guard well fed. My good friend, the chairman, Sen- pects, aspects that have never had a That keeps him alive. What else does ator BINGAMAN, and I have worked to- hearing, never had an opportunity for he do? He develops a missile capability, gether for some time. We have had a Members to express their views, let a delivery capability, biological capa- good relationship. Our theory was we alone vote it out. bility, and perhaps aimed at our ally, would attempt to develop from the I am very irate as a consequence of Israel. committee process a comprehensive en- this circumvention of our responsi- That is the fact associated with the ergy bill. When I was chairman, we had bility, and I think every Senator vulnerability of this country as we in- hearings, we had input, and we intro- should be. We should put politics aside crease our dependence on imported oil. duced a bill. However, as we all are and reflect on the traditions of this We are about 58 percent dependent, and aware, there was a change in June. As body which dictate this is not the way it is increasing. The Department of En- this body traditionally does business. a consequence, the Republicans lost ergy says it is going to be up to 63 per- Sure, the majority leader can initiate control of the Senate and hence lost cent or 64 percent in the year 2006. an action and go around the committee control of the agenda of the committee process, but is that the tradition of the What does that do to the vulnerability process. Senate? Is that the tradition to cir- of the United States? It means we be- Prior to the changeover, we had had cumvent the committees and the come more dependent on Iraq. several discussions in the Energy and What about Saudi Arabia? When we amendment process by subjecting this Natural Resources Committee on var- look at the terrorist activities in New body now to a bill while it has not had ious issues associated with the pro- hearings on many of the portions that York, we find most of the passports are posed energy legislation. This came are very complex? from Saudi Arabia. It is a very unsta- about as a consequence of our Presi- I know how the majority leader feels ble area, and we are becoming more dent laying down as one of his pre- about ANWR, but I add one more obser- and more dependent. Is it not in our requisites a mandate that Congress ad- vation. He has indicated if ANWR stays national interest to reduce our depend- dress an energy bill and do it with dis- in the bill, he will pull the bill. That ence? The answer is clearly yes. patch. The House has done its job in means regardless of how the Senate Let me reflect on one more thing. We H.R. 4. So it became the responsibility prevails in a democratic process, he have not had an inspector in Iraq in of the Senate to take up a comprehen- will take the initiative to see that it several years, under the U.N. agree- sive energy bill. will not happen. He has circumvented ment. We don’t know what Iraq is up What happened in the process de- the committee process which re- to. But as we reflect on the terrors and serves enlightenment. This is what I quires—instead of 51 votes—60 votes, on tragedies that have already occurred in specifically object to. On the issue of cloture, which he would, of course, file. this Nation, we recognize we should ANWR, we had enough bipartisan votes Then he says if you get 60 votes, you have acted sooner. We knew who bin to report out a bill containing ANWR. are going to lose because he is going to Laden was. We knew about al-Qaida. The leader knew this. As a con- pull the bill. Yet we did not act, and we know the sequence, in order to circumvent this I don’t care what the issue is, but I consequences. The consequences be- process, the terminology I think that suggest this is a poor way to do busi- came evident on September 11. was used was to alleviate any dif- ness. The Senate should reflect on just What day of reckoning is going to ferences of opinion in the process. How- what is happening and whether we can come when we have to face what Sad- ever, that is what this body is all support a leader who dictatorially ini- dam Hussein has been up to? Will it be about, differences of opinion in coming tiates an action of this type. I know it after the fact or will we mandate that together on a consensus. Nonetheless, makes many members of the commit- our inspectors go in there and address the leader prevailed and ordered the tees feel somewhat at a loss: What are this threat now? I know what my rec- chairman, Senator BINGAMAN, not to we here for if we are not here to con- ommendation would be. It is better hold any markups on the bill. That pre- duct committee business in the course sooner than later; sooner to take out cluded the committee from pursuing a of our responsibility? the terrorism risks associated with process of taking up a bill, proceeding As we start to consider this bill, we Saddam Hussein. with amendments in the ordinary should continue to reflect on how we I know this is something the admin- workings of the committee process, got there. We got there without a com- istration is agonizing about and will be and voting out and bringing to the mittee process. We got there as a con- critical if, indeed, there is some action floor a comprehensive bill. sequence of the majority leader taking and we will not have taken action. I can only assume the leader did this the authority away from the com- This is what this issue is all about. It as a parliamentary maneuver to ensure mittee. We got a bill before the Senate is about the national security of this we would not get a vote in committee that has not had a markup, it has not country and our increased dependence. on ANWR, where he clearly knew we had individual hearings, and many of I do not know how many of my col- had the votes to get it out. I hope the portions of the bill, we are told, if leagues remember 1973–1974, the Yom every Senator in this body considers we prevail on one, particularly the Kippur War. Some of us are old enough the precedent this action sets, particu- lightning rod of ANWR, we will lose to remember we had gas lines around larly those Senators who value the tra- anyway because he will pull the bill. I the block. The public was outraged, ditions and open debate concept associ- just want all parties to know that I ob- they were inconvenienced. ated with this body. This is a depar- ject, and I know a number of my col- What was the result of that? We were ture. This is almost a dictate from the leagues do, to this type of procedure. 37 percent dependent on imported oil at

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1240 CONGRESSIONAL RECORD — SENATE February 27, 2002 that time. Now we are 58 percent de- One can go up to Prudhoe Bay and What about the veterans in this pendent. You figure it out. It is pretty get off the airplane and walk over to country? They are for it because they easy. Our vulnerability has increased. where the pickups are. Do you know do not want to fight another war in a Make no mistake about it, with the un- what you see under every single pick- foreign country over oil. rest in the Mideast we are going to up? You see a diaper. It is under the I am always reminded of my good have a crisis. I can tell you, every pan of the car. It is a big cotton thing friend, Mark Hatfield. He is a pacifist Member of this body will be standing in to pick up a drop of oil that spills. As who said before this body time and line behind me to open up ANWR. They you know, in your own driveway you time again, I will vote for opening this will say we have to increase our domes- get drops of oil. That is the extent they area any day rather than send a young tic production. go to, to try to maintain the maximum man or woman overseas to fight in a What is this bill anyway? Partially, environmental oversight. war over oil in a foreign land. as I have indicated, it is a bill in the As we address this ANWR issue, keep We talk about alternative energy. I national security interests of our coun- in mind the arguments of those op- indicated that I support it. But let me try. I ask my colleagues, are they posed to it. They say it is a 6-month tell you about a little comparison. I going to stand behind the environ- supply of oil. We all know that is only have some graphs that will show this. mental lobby, that has used this as a if you didn’t have any oil produced in One of the largest wind farms in the cash cow for membership and dollars? this country or any oil imported into United States is located outside of There is no evidence to suggest we this country. To what does it equate? Palms Springs. It is between Palm can’t open this area safely. This is my We don’t really know, but the latest Springs and Banning, CA. I think it is State. We support opening ANWR. We USGS reports say 5.6 billion to 16 bil- called San Jacinto. That farm has hun- were there when the arguments in the lion barrels. How does that compare dreds of windmills that move when the 1960s were prevailing against opening with anything you and I can under- wind blows. They do not move all the time. The footprint there is 1,500 acres. Prudhoe Bay and building an 800-mile stand? You can compare it with what You see it and you say: Wow, there are pipeline. Prudhoe Bay has produced in 27 years. Let me tell you what that has done. a lot of windmills there. Prudhoe Bay was supposed to produce What is the equivalent of that in oil That has provided this Nation, for sev- 10 billion barrels. It is on its 13 bil- eral years—it has been operating 27 production? That would be equivalent lionth barrel now. If you took half of to 1,350 barrels of oil a day from 1,500 years—for several years with 25 percent the range of ANWR, 5.6 and 16, and said of the total crude oil produced in this acres. What is ANWR? ANWR is 2,000 it was 10, it would be as big as Prudhoe acres. The equivalent production is 1 country. That was about 2 million bar- Bay. rels a day. Today it is a little over 1 million barrels a day. I support wind The infrastructure is already in power, but if you are looking for relief, million barrels, a little over 20 percent. place. You have a pipeline 800 miles Where was that issue in the 1960s? you had better put it in an equation long that is only half full. This is not that makes sense and that people can That issue was before the Senate. It a big issue, in the sense of reality. Yes, was a tie vote. The Vice President understand. From 1,500 acres, the it is a significant amount of oil, if it is equivalent from that wind farm is 1,350 broke the tie, and it passed by one 10 billion barrels. If it is 16, it is even vote. That is how close it was. Where barrels of oil. ANWR’s footprint as au- better. But if it is 3.5, you will not even would we have been if we had not done thorized in the House bill is 2,000 acres. develop it because you have to have a that? Instead of 58 percent, we would That is equivalent to 1 million barrels major discovery in order to develop in probably be somewhere in the area of per day. the higher Arctic altitudes associated 68 percent dependent on imported oil. Let us remember the bottom line— What were the arguments then? You with drilling in that part of the world. our national security. What could this It is either there in abundance—and are going to build an 800-mile pipeline do for the U.S. steel industry? When we it has to be to make a difference—or it from Prudhoe Bay to Valdez. It is built that 800-mile pipeline, do you isn’t. They say it will take 10 years. going to be like a fence across Alaska, know what the U.S. steel industry did? and the caribou and the moose are not Come on. If President Clinton had not This was the largest order ever in the going to cross it. It is going to have a vetoed the bill in 1995, it would be on United States—800 miles of 48-inch terrible effect on the environment. You line now. He vetoed it. Why? Same re- pipe. They did absolutely nothing. are putting a hot pipeline in perma- sponse: The environmental community They said: We don’t have the capacity frost, and when the hot pipeline melts pressured. The cash cow generates for an order that big. Where did it the permafrost, it is going to break. membership, it generates dollars. And come from? It came from Korea, it It has been there 27 years, one of the they are milking it for all it is worth, came from Japan, and it came from construction wonders of the world. All and will continue until we prevail. Italy. If the steel unions and the steel the doomsayers’ arguments then are Then they will go on to another issue. industry want to get their act to- the same arguments now: You can’t do What about the Porcupine caribou? gether, let us go after some domestic it safely; you can’t protect the caribou. We have already addressed that with business. You will have some more do- They are all false. Go up to Prudhoe the caribou comparison in Prudhoe mestic business associated with open- Bay and you find the caribou herd is Bay, where they have flourished. As I ing up ANWR. 27,000. It was 3,000 or 4,000 in the late indicated before, it was a short break. I encourage my colleagues again to 1960s. We don’t shoot polar bear. You can’t reflect a little bit. I hope everybody’s Talk about polar bear habitat—you take trophy polar bear in Alaska. They conscience bothers them about the can’t shoot a polar bear in the United are marine mammals, they are pro- manner in which this was laid down, States, and Alaska is part of the tected. If you want to protect the ani- without a committee process and with- United States. You can in Russia. You mals, you don’t shoot them; you don’t out the jurisdiction of the Democratic can in Canada. take them for food, or subsistence. chairman of the Energy and Natural So as we reflect upon what we are There are very few taken for subsist- Resources Committee. The leadership about to embark, I encourage my col- ence, I might add. pulled it out of the committee because leagues and you, Madam President, to These are some of the arguments we he knew we had the votes to get it to reflect on the prevailing arguments are going to be addressing. the floor and, furthermore, the dictato- that were used 27 years ago and the Furthermore, this is a big jobs bill. rial statement that even if we prevail, prevailing arguments that we are using Find an issue that employs 250,000 peo- he is going to pull the bill. Come on. I now. As I indicated, the argument then ple. These are high-paying jobs. That is have been around this place long was a hot pipeline through permafrost; why the unions support it. It will gen- enough to know what the democratic it was a fence across Alaska; it was erate somewhere in the area of $2.5 bil- process is all about, the committee whether or not we could do it safely; it lion in Federal lease sales because process is all about, and the traditions was the caribou herd—all of which his- these are Federal leases that will come of the Senate are all about. This is the tory has proven we have been able to back into the Treasury. It won’t cost wrong way to start a bill. do. We have overcome the problems the taxpayers one red cent. Find a bet- I thank the Chair. I suggest the ab- and responsively addressed them. ter stimulus. sence of a quorum.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1241 The PRESIDING OFFICER. The Standing Rules of the Senate, hereby move mail requires, that the voter sign the clerk will call the roll. to bring to a close the debate on S. 565, the outer envelope. This signature is then The assistant legislative clerk pro- election reform bill: checked against the voters signature ceeded to call the roll. Christopher Dodd, Harry Reid, Charles that is kept on file and only when Schumer, Ron Wyden, Debbie Stabe- Mr. REID. Mr. President, I ask unan- now, Patty Murray, Tom Daschle, Jeff there is agreement that the signatures imous consent that the order for the Bingaman, Daniel Inouye, Carl Levin, match is the ballot counted. Wash- quorum call be rescinded. Max Baucus, Joe Biden, Pat Leahy, ington State has consistently increased The PRESIDING OFFICER (Mr. CAR- James M. Jeffords, Barbara Mikulski, the number of voters choosing to vote PER). Without objection, it is so or- Bob Graham, and Edward M. Kennedy. by mail and through provisional voting dered. Mr. REID. Mr. President, I ask unan- without any allegations that these f imous consent that the mandatory types of voting have involved fraud or quorum with respect to the cloture mo- other misconduct. In fact, the proce- EXTENSION OF MORNING tion be waived. dures in place have consistently en- BUSINESS The PRESIDING OFFICER. Without sured the integrity and security of our Mr. REID. Mr. President, I ask unan- objection, it is so ordered. elections and led to public confidence imous consent that morning business Mr. REID. Mr. President, for the in- in our system that is unparalleled any- be extended until 4:30 today with Sen- formation of the Senate, I would like where in the country. ators allowed to speak for a period not to announce to all Members who have It has not always been this way. In to exceed 10 minutes each. amendments on the finite list of the early 1990s, we had several close The PRESIDING OFFICER. Without amendments that first-degree amend- elections that pointed out the objection, it is so ordered. ments must be filed prior to 1 p.m., vulnerabilities in our system. These Mr. REID. I suggest the absence of a Thursday, February 28. If Members close elections led Washington to be- quorum. have already submitted amendments, come one of the first states to adopt The PRESIDING OFFICER. The then it is not necessary to resubmit an statewide guidelines that ensured that clerk will call the roll. amendment. each jurisdiction followed the same The assistant legislative clerk pro- Ms. CANTWELL. Mr. President, I rules in determining how ballots are ceeded to call the roll. would like to take this opportunity to verified and counted. In addition, my Mr. REID. Mr. President, I ask unan- commend Senators DODD, MCCONNELL, State also adopted other requirements imous consent that the order for the SCHUMER, and BOND for their dedica- for testing and procedural consistency. quorum call be rescinded. tion and diligence in addressing what I It is my hope that this legislation will The PRESIDING OFFICER. Without believe to be an issue of critical impor- lead other States to follow our example objection, it is so ordered. tance to our country—protecting vot- and institute similar guidelines and f ing rights and ensuring the integrity of procedures that will result in more the electoral system in our nation. Es- RECESS people voting and making sure that all pecially given the events in the world votes are properly cast and counted. Mr. REID. Mr. President, I ask unan- today, making certain that each citi- Our challenge, at the federal level, is imous consent that the Senate stand in zen’s vote is counted and promoting to ensure that in passing legislation recess until 4:30 this afternoon. public trust and confidence in our elec- that reduces hurdles to civic participa- There being no objection, the Senate, tion process is crucial. tion across in country, we respect the at 3:13 p.m., recessed until 4:31 p.m. and The State of Washington has a long role of the States in selecting types of reassembled when called to order by and trusted history as a leader in elec- voting that work well for their citizens the Presiding Officer (Mr. NELSON of tion administration. Through great ef- and lead to maximum participation. I Florida). forts and cooperation, the state has pi- believe that this bill as amended does The PRESIDING OFFICER. The Sen- oneered such programs as motor voter, that, and I thank the chairman of the ator from Nevada is recognized. provisional balloting, vote by mail, and Rules Committee for his commitment Mr. REID. Mr. President, I ask unan- absentee voting. to this bill and to ensuring that States imous consent that the Senate stand in I thank Senator DODD, the chairman have the flexibility to keep their sys- recess until 5:15 p.m. today. of the Rules Committee for his support tems in place. There being no objection, the Senate, for an amendment that I offered with This bill, by setting minimum stand- at 4:32 p.m., recessed until 5:15 p.m. and Senator MURRAY’s support that has ards and by guaranteeing the Federal reassembled when called to order by been adopted. The amendment guaran- Government will provide the funds nec- the Presiding Officer (Mr. JOHNSON). tees that States are able to continue essary to purchase new equipment, The PRESIDING OFFICER. In my using mail-in voting, while also pro- takes very important steps forward in capacity as a Senator from the State of viding new safeguards to make mail-in guaranteeing to every American that South Dakota, I suggest the absence of voters aware of how to properly fill out not only do they have the right to vote, a quorum. The clerk will call the roll. their ballots, and how, if needed to ob- but that when they cast their vote it The legislative clerk proceeded to tain a replacement. will be counted. call the roll. Voters in my State are proud of our f Mr. REID. Mr. President, I ask unan- system that offers voters the option of imous consent that the order for the voting by mail or in the polling place, MORNING BUSINESS quorum call be rescinded. and they are extremely committed to Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without seeing it continue. The mail-in ballot, imous consent that the Senate now objection, it is so ordered. in my opinion, offers voters several ad- proceed to a period of morning business f vantages. First, it allows voters to cast with Senators allowed to speak therein EQUAL PROTECTION OF VOTING their ballots on their own time and at for a period not to exceed 10 minutes. RIGHTS ACT OF 2001—Continued their own convenience. It also allows The PRESIDING OFFICER. Without voters to make more informed choices, objection, it is so ordered. CLOTURE MOTION as they are able to consult literature f Mr. REID. Mr. President, I send a sent by the state and by the campaigns cloture motion to the desk. in making their decisions. Because TRIP TO LATIN AMERICA The PRESIDING OFFICER. The clo- these votes are cast without the pres- Mr. SPECTER. Mr. President, I ture motion having been presented sure of other voters waiting in line, or would like to report briefly on a trip to under rule XXII, the Chair directs the without the time crunch of being late Latin America which I made last clerk to read the motion. to work or to pick up the kids, voters month before the Senate went into ses- The legislative clerk read as follows: are also less likely to make mistakes sion in January. CLOTURE MOTION that will disqualify their ballots. This trip took me to a number of We, the undersigned Senators, in accord- In addition, the mail-in system is Latin American countries to discuss ance with the provisions of rule XXII of the very secure. Each ballot that is cast by issues of trade and drug control. The

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1242 CONGRESSIONAL RECORD — SENATE February 27, 2002 first stop was in Havana, Cuba, where I I offered a milder bill this year which Mr. President, I would just like to had an opportunity to talk to Presi- was accepted, calling for a report from add another comment or two about dent Fidel Castro about the serious sit- the State Department. However, when Brazil, where we met with the equiva- uation in Cuba on the deprivation of Castro makes an offer to allow Cuban lent of our National Security Adviser. human rights, and about the failure in waters and Cuban airspace to interdict There is a little area where Paraguay, Cuba to have contested elections. I drug traffickers, that is an offer we Brazil, and Argentina meet where there urged President Castro to run in a con- ought to accept. Drugs are polluting a are supporters of Hezbollah posing tested election. generation of Americans and they are a quite a threat to that area. In Buenos I had the opportunity to meet with major cause of street crime in Amer- Aires, we met at the Jewish Commu- President Castro about 30 months ear- ica, which is something that I fought nity Center with leading Jewish offi- lier in June of the year of 1999 and against as District Attorney of Phila- cials there and were told, in detail, made the same points to him. However, delphia. If we can stop the flow of about the bombing of the Jewish Com- emphatically, again, when I challenged drugs with Castro’s assistance, we munity Center in 1994 and the attack President Castro to run against some- ought to take him up on that offer. on the Israeli Embassy. I was pleased one in a contested election, he told me There have been some changes in to note that the Brazilian officials are he did have an opponent. His opponent U.S. policy toward Cuba. The House of looking into this issue as to the poten- was the United States of America. He Representatives submitted a bill with a tial terrorist activity arising out of said this in more of a humorous way. provision to ease travel restrictions, this group in that little section where The United States policy toward Cuba, which was dropped in conference. It is Paraguay, Brazil, and Argentina meet. I think, has tended to make, if not my view that it is a very small step On January 2, 2002, we arrived in Ha- vana, Cuba for two days of meetings quite a martyr, at least a sympathetic which ought to be uncontested. with human rights activists, religious person in President Castro. We then traveled to other Latin leaders, medical researchers, our U.S. We talked about a great many American countries. We were in Argen- country team, and President Fidel Cas- things. With my background as assist- tina, where it is well-known that there tro. When we arrived in Cuba, we were ant counsel of the Warren Commission, is a tremendous financial crisis. Argen- met by the U.S. country team, who I asked President Castro if there was tina has lived beyond its means. They briefed us on the current situation in any connection between Lee Harvey have the inability to pay major sup- pliers, after having talked to major Cuba. Oswald and Cuba. There had been ru- We began by meeting with a delega- mors at the time that Castro and U.S. firms, such as Exxon-Mobil, IBM, and General Motors. They cannot with- tion of human rights activists, all of Cuban officials may have put Oswald whom had been jailed during the Cas- up to the assassination of President draw money from their bank accounts to pay their suppliers. The Inter- tro regime on various charges. When Kennedy. Those rumors were based national Monetary Fund is working on asked why he was jailed, one of the dis- upon the CIA efforts to assassinate the matter. sidents, Oswaldo Paya Sardinas, Presi- Castro in that era. Oswald was a part of It would be my hope that the United dent of the Christian Liberation Move- the Fair Play for Cuba Committee, States would provide some leadership ment, expressed the general sentiment which had a rally in New Orleans. and some expertise to try to bring Ar- of the group that he was jailed for the When I asked that of President Castro, gentina out of this economic crisis. I anti-Castro opinions he publicly ex- he said he was not responsible for Os- think a good bit of the record from the pressed. When I asked them their opin- wald. He was a Marxist, and not a mad- United States and the International ion on the embargo, the group of Cuban man. We talked in some detail about Monetary Fund has been too harsh. I dissidents was split on the advisability the Cuban missile crisis in 1962 and think we can make our point without of continuing the U.S. embargo with why Castro permitted the Soviets to language which borders on arrogance Cuba. have missiles in Cuba. He tried to de- or borders on insults because Argen- Next we traveled to the Finlay Insti- fend that, I think unpersuasively, with tina is a very important country in tute in Havana, a research center dedi- the threats to himself from the Bay of Latin America. cated to the development and testing Pigs invasion and the CIA assassina- One of the problems with Latin of vaccines. Our briefing on the Finlay tion attempts. America is the frequency of the dicta- Institute’s work was conducted by a Before going to see him 30 months torships, such as Juan Peron in Argen- team of researchers including Dr. Con- ago, I checked with the records of the tina, as well as those in Chile and cepcion Campa, Director of the Insti- Church Committee, and found, in fact, Brazil. It is just a way of life there. tute and leader of the team that devel- that there was evidence about efforts Trade with the United States, I think, oped the vaccine for meningitis B. Sup- to assassinate Castro—maybe 8 or 9 is very important to promote democ- ported entirely by the Cuban govern- such attempts. When I told Castro that racy. ment, the Finlay Institute, which I had number, he laughed, and said that In Peru there was great concern re- previously visited in June 1999, is one there had been many, many more at- garding the trade agreement with the of the forty-five biotechnology facili- tempts than that—something in the 300 United States that had lapsed in De- ties supported by government funds. range. I asked him how it felt to be the cember. It is my hope that this trade The Cuban government has dem- subject of assassination attempts. bill will be acted upon by the Congress onstrated a commitment to medical re- He said: Muy bien. at an early date. search and cooperative agreements, This is Spanish for ‘‘very good.’’ In Chile they are waiting for a trade such as the one the Finlay Institute I said: No, no. How did it really feel bill to be enacted, with some ten entered into with GlaxoSmithKline in when they were trying to assassinate rounds of negotiations. The President 1999, licensed by the U.S. Treasury De- you? of Chile is willing to have an agree- partment. This agreement represents a Again, he said: Muy bien. ment, even if it is not fast tracked, and positive and productive relationship I said: No. How did it really feel? even if there would be amendments of- with this ostracized nation. He said: Do you have a sport? fered on the floor of the Senate or the The next morning we met with a del- I said: Yes. My sport is squash. House of Representatives. egation of Cuban officials, including He said, through the interpreter: In Uruguay we met with the distin- the Minister of Justice Roberto Well, avoiding assassination is a sport guished President Jorge Batlle. We Sotolongo and Oliverio Montalvo, the for me. have a very distinguished U.S. Ambas- Drug Enforcement Chief. Minister I talked to Castro in some detail sador there, Martin Silverstein, a Sotolongo responded to my question about his willingness to have Cuban Pennsylvanian. We took a look at the regarding the advisability of coopera- airspace and Cuban waters used by the coastline, with the attractive apart- tion between the U.S. and Cuba on the United States to detect drug traf- ment houses in Montevideo. Uruguay is drug issues with his hope that the issue ficking. Toward that end, I offered an quite a contrast to the barren coastline not be politicized. He further stated amendment to the Foreign Operations of Havana, Cuba, showing what free en- that exchanges of information between Appropriations bill a year and a half terprise and democracy can do if it is the U.S. and Cuba could net real re- ago, which was defeated in conference. permitted to operate. sults in preventing drugs from entering

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1243 the U.S. through this region. The Min- our two countries, including drug by the U.S. Congress of trade pro- isters wanted us to know that Cuba is interdiction and medical research. motion authority. President Lagos ex- actively involved in intercepting and On January 4, 2002, Senator CHAFEE pressed his concern that ongoing con- destroying contraband found in Cuban and I traveled to Lima, Peru and were gressional negotiations with the White waters en route to the U.S. and else- met by Ambassador John Hamilton. House regarding trade promotion au- where. Our meeting with President Alejandro thority may further delay consider- Minister Sotolongo detailed the 1996 Toledo included Foreign Minister ation of the Bilateral FTA with Chile. incident involving the Limerick, a suc- Diego Garcia Sayan, First Vice Presi- The President further stated that Chile cessful joint U.S.-Cuba drug interdic- dent and Minister of Industry and wants ‘‘trade not aid.’’ tion operation. The Limerick, carrying Trade Raul Diez Canseco, Trade Vice Additional topics discussed included 6.5 tons of cocaine drifted into Cuban Minister Alfredo Ferrero, and drug czar the potential F–16 sale to Chile, as well waters and was impounded. All the evi- Ricardo Vega Llona. We first ex- as the Pinochet and Letelier/Moffit dence was turned over to the United changed welcoming statements and our cases. On December 27, 2000, the Chil- States, and those involved were tried expressions of sympathy to Peru for ean Ministry of Defense announced and convicted in a court with the par- the tragedy that took place just a week that the Government of Chile had au- ticipation of Cuban officials. before our arrival in downtown Lima. thorized the Chilean Air Force to ini- Our time in Cuba concluded with a A fire, stemming from fireworks, had tiate discussions on the purchase of ten meeting with President Fidel Castro, set ablaze a shopping district and Lockheed Martin F–16 Fighting Fal- which lasted six and one-half hours. killed over 250, according to reports at cons, Block 50, from the United States. Many issues were discussed, including that time. The F–16 was chosen over the French our earlier meeting with the dissidents. The President made clear his desire Mirage and the Swedish Gripen on its President Castro did not directly re- for a renewed and expanded Andean merits in a competitive, transparent spond to the merits of the dissidents’ Trade Preference Act (ATPA) and for selection process. issues, but chose instead to reprimand continued assistance in combating the Regarding the Letelier/Moffit case, our congressional delegation for hold- drug trade. President Toledo expressed which involved the 1976 car bomb mur- ing meetings independent of the sched- concern that the trade agreement be- der in Washington, D.C. of former Chil- ule that his functionaries had in mind tween the United States and Peru had ean Ambassador the U.S. Orlando for us. We flatly rejected his objection. lapsed on December 4, 2001, and urged Letelier and his American citizen as- Our conversation with President Cas- that the Congress give it prompt con- sistant, Ronnie Moffit. I told the Presi- tro began with a wide-ranging discus- sideration. He said that Peruvian farm- dent that the jail sentences of six, sion on drug interdiction. President ers would be tempted to grow products seven, and eight years, which were Castro suggested a formal relationship for drug production instead of textile given to those involved in this terrorist with the U.S. in order to make progress production, if the agreement was not act on U.S. soil, were not sufficient in on drug interdiction efforts in the area. extended. I told him I would urge my opinion and asked his opinion on This was a suggestion made to me by prompt consideration by the Congress. the extradition of those individuals to General Barry McCaffrey, former head The President and Ministers made the the U.S. for trial. President Lagos re- of U.S. drug policy in the previous ad- case that eliminating the coca trade in sponded that he cannot take a position ministration. When asked if he wanted Peru is essential to combat terrorism, that would appear to pressure the the embargo against Cuba lifted, Presi- and spoke strongly to the elimination Court, but that his impression was dent Castro responded, ‘‘Can you doubt of the narco-terrorism as a ‘‘matter of such that the Court, on its own, might that?’’ national security.’’ With regards to the well order extradition. We spoke of the September 11, 2001 general state of the Peruvian economy, Concerning counter-terrorism and terrorist attacks on America and the President reported that they were the events of September 11, 2001, the President Castro was asked to condemn coming off of three years of little or no President expressed strong condemna- Osama bin Laden. While making gen- growth, further reporting that the Pe- tion of the terrorist attacks. This ex- eral statements against terrorism, ruvian economy is affected by the over- pression is in keeping the Lagos Ad- President Castro would not condemn all world economy. Senator CHAFEE ministration’s action immediately fol- bin Laden, feigning a lack of evidence and I were further debriefed on the lowing the terrorist attacks in the U.S. in his possession to make such a con- state of the Peruvian economy by the As head of the RIO Group of Latin demnation. The President also offered Minister of Economy and Finance American countries in 2001, Chile leads that he had not heard of Osama bin Pedro Pablo Kuczynski. the coordinated counter-terrorism ef- Laden prior to September 11, 2001 inci- The President further described his forts for the Group. dents and closed our meeting with a ‘‘full commitment’’ to reform of the On January 8, 2002, Senator CHAFEE call for a bilateral agreement with Peruvian judicial system. In a separate and I arrived in Buenos Aires, Argen- Cuba to fight terrorism. meeting, I queried the drug czar and tina, just one week after the latest As we arrived in Cuba, the United his colleagues further on the progress President was installed during this tu- States’ decision to transfer detainees of the drug war in Peru and the region. multuous time in that country. Newly- from Afghanistan to Guantanamo Bay There was general agreement with my installed President Eduardo Duhalde, was being announced publicly. Presi- point that progress is difficult without the fifth president in thirteen days, is dent Castro had issued a press release a reduction in the demand for drugs. confronted with a bankrupt govern- saying that the Government of Cuba Meeting participants reiterated the ment and a citizenry deeply dispirited had too little information to comment need for the Andean anti-drug plan, after four years of a worsening econ- on the U.S. plan to use Guantanamo which offers increased intelligence omy and recent political instability. It Bay for Afghan detainees. At the news sharing, regional air coverage, and is unclear at this time if this adminis- conference on January 4, 2002, before maritime cooperation among the Ande- tration is capable, or willing, to put to- our departure, I was asked about the an nations. Further, it was emphasized gether a viable long-term economic issue and said that my apprisal was that an alternative crop or industry to plan to pull Argentina out of its very that President Castro was not going to drug crops was essential for local farm- serious economic situation. object to the U.S. plan to use Guanta- ers. President Duhalde told us that his namo Bay because if he had an objec- From Lima, Peru, Senator CHAFEE administration would have a new budg- tion, he would have already expressed and I traveled to Santiago, Chile on et passed within fifteen days with a it. My meetings with President Castro, January 6, 2002. After our meeting with plan to retire his country’s industrial religious leaders, human rights activ- President Ricardo Lagos, I wrote a let- debt, which could then justify further ists, and medical researchers lead me ter to President Bush and Treasury aid from the International Monetary to believe that we must continue to Secretary Paul O’Neill expressing Fund. Corporate representatives from support and expand our people-to-peo- President Lagos’ strong support for the Bank of Boston, General Motors, IBM, ple relationships with Cuba. There are U.S.-Chile Bilateral Free Trade Agree- and ESSO detailed the extremely dif- many areas of mutual concern between ment (FTA) without linkage to passage ficult business environment, including

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1244 CONGRESSIONAL RECORD — SENATE February 27, 2002 a freeze of all bank that precluded the for the bombing of the Israeli Embassy ican households with Internet access paying of suppliers and subcontractors. in Argentina in 1992 and the Jewish more than doubled, from 11.2 percent to This issue, along with the ongoing cur- Community Center in Buenos Aires in 23.5 percent—an encouraging develop- rency crises, made for an extremely 1994. With the worldwide focus on cut- ment, by any measure. But during that precarious business environment as de- ting off terrorist funding, the tri-bor- same time period, the percentage of scribed by the executives. der area is under international scru- total households nationally with Inter- Senator CHAFEE and I visited the tiny. net access soared to 41.5 percent. And Jewish Community Center and the site I yield the floor. the access rates for White Americans of a 1994 terrorist attack that killed The PRESIDING OFFICER. The Sen- and Asian-Americans/Pacific Island- eighty-four people. Upon our arrival to ator from Connecticut is recognized. ers—46.1 percent and 56.8 percent, re- the Community Center, it was ex- Mr. DODD. Mr. President, first of all, spectively—significantly outpaced that plained to us that the line in front of I ask unanimous consent to speak as in national average. As a consequence, the building was persons visiting the morning business for 2 minutes. the already substantial gap between visa office applying for travel to Israel The PRESIDING OFFICER. Without African-American Internet usage and as an escape from the Argentine eco- objection, it is so ordered. national usage grew 3 percentage points. The gap was even greater when nomic situation. f On January 10, 2002, Senator CHAFEE comparing African-American usage and I proceeded next to Montevideo, THE LATIN AMERICA TRIP with that of White Americans or Asian- Uruguay for meetings with President Mr. DODD. Mr. President, I wanted Americans and Pacific Islanders. Simi- Jorge Batlle and the Chief of Staff and to commend our colleague from Penn- larly, during that same 20-month pe- National Drug and Anti-Terrorism Co- sylvania who took a trip to Latin riod, the gap between Hispanic house- ordinator Leonardo Costa. We were ac- America. He talked about it and I com- holds with Internet access and the na- companied by Ambassador Martin Sil- mend him for doing that. A lot of at- tional average grew 4 percentage verstein, a Pennsylvanian, who is serv- tention is being focused—rightfully points. ing with distinction. so—on Southwest Asia because of The effect: What was once a gap is We met with President Batlle for events since 9–11. I think it is refresh- now swelling into a chasm. Just this over one and one-half hours discussing ing that a couple of colleagues took the morning, the Wall Street Journal re- Argentina, International Patent Rights time to visit this hemisphere and the ported that, in 1997, ten percent of (IPR), free trade issues, and narcotics. countries they did and to bring back to Americans earning less than $25,000 a Regarding the Argentine economic cri- the U.S. Senate their own observations year used the Internet, compared with sis, the President was generally opti- about events in Cuba, Chile, Uruguay, 45 percent of those earning more than mistic, providing that the new govern- and Brazil. $75,000. By 2001, despite increased usage ment follows the programs of the I commend our colleague from Penn- by both groups, the ‘‘gap’’ had grown to newly-installed Economic Minister sylvania. I believe our colleague from 50 percentage points. Yes, the ‘‘digital divide’’ exists, and Jorge Lenikov. President Batlle stated Rhode Island, LINCOLN CHAFEE, was that fact should concern us greatly. In that President Duhalde appeared to along on that trip, and others may today’s information age, unequal ac- have a strong majority within the Par- have been there also. I thank him for cess to the national information infra- liament. reporting to us on their observations. structure affects nearly every part of On International Patent Rights, the f our lives. Access to these networks in- President expressed disagreement with creasingly dictates the ease with which the U.S. Government’s approach to IPR CLOSING THE DIGITAL DIVIDE we can pursue education, conduct our legislation. While he favors drug legal- Mr. BIDEN. Mr. President, I rise financial affairs, apply for a job, or par- ization, he would not implement such a today, as we near the end of Black His- ticipate in the political process. Lack policy without an international con- tory Month, to focus attention on the of access will only reinforce and mag- sensus. I took the opportunity to widening gap between those Americans nify already existing inequalities in praise the President’s support for Free who use or have access to tele- communications technologies, like these important areas of life. Trade Area of the Americas and free Against that backdrop, I am shocked computers and the Internet, and those trade, pointing out that this seemed to by the Bush administration’s apparent who do not. Surprisingly, there are contrast with the government’s unwill- efforts to dismantle many programs de- ingness to enact a strong copyright those naysayers who suggest that the signed to eliminate the inequality of bill, which is an essential tool for at- ‘‘digital divide’’ does not exist, that it access to technology. These programs, tracting investment. is a myth or fabrication of consumer including the popular E-Rate Program, On January 11, 2001, we traveled to and civil rights advocates. Perhaps it is have a demonstrated record of success Brasilia, Brazil where our first meeting because the term ‘‘digital divide’’ has connecting roughly 1 million public was with representatives from the Bra- been so over-used and, in some in- school classrooms and 13,000 commu- zilian Ministry of Health to discuss the stances, mis-used that it causes some nity libraries to modern telecommuni- government’s response to HIV and to doubt its existence. Perhaps the cations networks. Moreover, the vast AIDS. A comprehensive presentation term has so thoroughly infiltrated our majority of the funding is dedicated to by Claudio Duarte da Fonseca and everyday discourse that it causes skep- low-income communities, and signifi- Rosemeire Munhoz with the Health tics to under-estimate its very real and cant dollars flow to schools under the Ministry detailed Brazil’s national re- powerful consequences. Bureau of Indian Affairs. By all ac- sponse to their growing numbers of No matter the reason for these counts, these initiatives are working, HIV and AIDS cases. Governmental naysayers’ doubt, the unequivocal an- yet the Administration is maneuvering lead efforts include prevention cam- swer to their question ‘‘is there really to eliminate them one by one. paigns, mass media campaigns, behav- a digital divide’’ is a resounding Don’t be fooled: This is a not a de- ioral interventions, condom distribu- ‘‘YES.’’ A series of reports issued by bate about electronic gadgets or com- tion, and a policy of universal and free- the U.S. Department of Commerce not puter megabytes. It is a debate about of-charge access to ARV drugs. only confirms that the ‘‘digital divide’’ who gets to speak and who gets to lis- Our meeting with General Alberto exists; it suggests that, while the num- ten. At its heart, it implicates the very Cardoso, the counterpart to our Na- ber of Americans accessing the Inter- nature of our democracy. tional Security Adviser, provided as- net has grown rapidly in recent years, It is a debate about who among us, as surances of cooperation from his coun- the technology gap between poor and the information revolution takes off, try with the U.S. and Israel efforts to minority communities, on one hand, will be left behind. Electronic com- oppose financing of Hezbollah ter- and other Americans, on the other, is merce has become a critical factor in rorism from an enclave at the border of actually widening. determining future economic develop- Paraguay, Argentina, and Brazil. There Take this seemingly encouraging ex- ment and prosperity. Communities and was no reason to believe that support ample: from December 1998 to August individuals without access to the Inter- has come from residents of that area 2000, the percentage of African-Amer- net will be excluded from that growth.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1245 The sadness, however, is that, by leav- lations Committee hearing this morn- throughout Egypt, preaching hatred of the ing some behind, we impoverish not ing on the subject of ‘‘How do We Pro- United States. As you authorize $2 billion a only those individuals, we also impov- mote Democratization, Poverty Allevi- year for Egypt, please remember that these same clerics are employees of the Egyptian erish ourselves. None of us will enjoy ation, and Human Rights To Build A government. It is not a stretch to say that sustained economic growth unless we More Secure Future?’’ Mr. Perle’s tes- U.S. taxpayer dollars are helping to pay for expand the information revolution to timony was superb, and I commend it the most inflammatory anti-American rant- all parts of our society. to all. ing. With that in mind, we cannot afford Mr. President, I ask unanimous con- So when you hear about poverty as the to make technology decisions based on sent that this statement by Richard root cause of terrorism, I urge you to exam- ine the manipulation of young Muslim men dated and ill-conceived perceptions Perle be placed in the RECORD. about the interest or ability of minori- sent on suicidal missions by wealthy fanat- There being no objection, the mate- ics, like Osama bin Laden, whose motives are ties and poor people to purchase cer- rial was ordered to be printed in the religious and ideological in nature and have tain ‘‘high-end’’ technology. Nor can RECORD, as follows: nothing to do with poverty or privation. we simply bypass low-income and mi- Mr. Chairman, this hearing is about build- STATEMENT OF RICHARD PERLE, FELLOW, ing a more secure future; and I know it will nority communities, where the tele- AMERICAN ENTERPRISE INSTITUTE, BEFORE come as no surprise if I argue that doing communications and electronic net- THE COMMITTEE ON FOREIGN RELATIONS, that in the near term will require an effec- work infrastructure may be older and, UNITED STATES SENATE tive military establishment to take the war therefore, less able to provide more so- Mr. Chairman, I appreciate your invitation on terrorism to the terrorists, to fight them phisticated services. To the extent that to participate in the Committee’s hearing over there because they are well on the way technology, including the Internet and which poses the question ‘‘How do we pro- to achieving their murderous objectives telecommunications services, is de- mote democratization, poverty alleviation when we are forced to fight them over here. ployed in a way that avoids poor and and human rights to build a more secure For once those who wish to destroy Ameri- minority communities, we must do all world?’’ These three ideas, poverty, democ- cans gain entry to the United States and ex- racy and human rights that are often linked that we can to deter this form of red- ploit the institutions of our open society, the as we try to think our way through the vex- likelihood that we will stop them is greatly lining. ing problems of national and international diminished. Toward this end, the administration security. This is why President Bush was right to should keep its promise to invest $400 The phrase ‘‘a more secure world’’ is al- declare on September 11 that ‘‘We will make million to create and maintain more most certainly prompted by the discovery, no distinction between the terrorists who than 2,000 community technology cen- on September 11, of how insecure we turned committed these acts and those who harbor ters in low-income neighborhoods by out to be on that day. In any case, hardly them.’’ This was not the policy of the last 2002. The role that community tech- any discussion takes place these days that is Democratic administration or the Repub- nology centers plays in helping to not somehow related to terrorism and the lican one before it. It is not a policy univer- war against it. For my part, this morning sally applauded by our allies. But it is a bridge the digital divide cannot be will be no exception. right and bold and courageous policy and the overstated. Community technology Let me say, at the outset, that the idea only policy that has a reasonable prospect of centers are instrumental in closing the that poverty is a cause of terrorism, al- protecting the American people from further information technology divide, and, by though widely believed and frequently ar- terrorist acts. tapping demand for these services, sup- gued, remains essentially unproven. That Dealing effectively with the states that porters of community technology ini- poverty is not merely a cause, but a ‘‘root support or condone terrorism against us (or cause,’’ which implies that it is an essential even remain indifferent to it) is the only way tiatives can open up new markets for to deprive terrorists of the sanctuary from companies that serve the Internet source of terrorist violence, is an almost cer- tainly false, and even a dangerous idea, often which they operate, whether that sanctuary economy. invoked to absolve terrorists of responsi- is in Afghanistan or North Korea or Iran or The development of information bility or mitigate their culpability. It is a Iraq or elsewhere. The regimes in control of technology holds great potential to liberal conceit which, if heeded, may channel these ‘‘rogue’’ states—a term used widely be- strengthen and invigorate American the war against terror into the cul de sac of fore the last administration substituted the society. That potential cannot be fully grand development schemes in the third flaccid term ‘‘states of concern’’—pose an realized, however, unless we pay atten- world and the elevation of do-good/feel-good immediate threat to the United States. The tion to the hundreds of thousands of in- NGO’s to a role they cannot and should not first priority of American policy must be to transform or destroy rogue regimes. dividuals, many of whom reside in play. What we know of the September 11 terror- And while some states will observe the de- largely minority and/or low-income ists suggests they were neither impoverished struction of the Taliban regime in Afghani- communities, who have no, or limited, themselves nor motivated by concerns about stan and decide to end their support for ter- access to our burgeoning national in- the poverty of others. After all, their avowed rorism rather than risk a similar fate, others formation infrastructure. We can, and aim, the destruction of the United States, will not. It is with respect to those regimes that would, if successful, deal a terrible blow to must, inform decisionmakers about the persist in supporting and harboring terror- the growth potential of the world economy. true value of minority markets recep- ists that the question of the role of democra- Their devotion to Afghanistan’s Taliban re- tive to advanced services. We must pro- tization and human rights is particularly sa- gime, which excluded half the Afghan work vide private industry with incentives lient. And foremost among these regimes is force from the economy and aimed to keep to deploy in these markets. And, per- Saddam Hussein’s Iraq. them illiterate as well as poor, casts conclu- The transformation of Iraq from a brutal haps most important, we must con- sive doubt on their interest in alleviating tinue to make public investments in dictatorship, in which human rights are un- poverty. known, to a democratic state protecting the underserved communities. Our failure Poverty—or poverty and despair—is the rights of individuals would not only make will only dampen private sector and most commonly adumbrated explanation for the world more secure, it would bring imme- philanthropic efforts, and, more trag- terrorism abroad—and crime at home. Iden- diate benefits to all the people of Iraq (ex- ically, handicap a generation of Ameri- tifying poverty as a source of conduct invari- cept the small number of corrupt officials cans for years to come. ably confuses the matter. We will never who surround Saddam Hussein). know what went through the mind of Mo- I believe that this is well understood in the f hammed Atta as he plotted the death of Congress, which has repeatedly called on the TESTIMONY OF RICHARD PERLE thousands of innocent men, women and chil- administration to support the Iraqi National BEFORE THE SENATE FOREIGN dren, including a number of Moslems. We do Congress, an umbrella group made up of or- know that he lived in relative comfort as did RELATIONS COMMITTEE ganizations opposed to Saddam’s dictator- most, perhaps all, of the 19 terrorists—15 of ship. The INC is pledged to institute demo- Mr. HELMS. Mr. President, Mr. Rich- them from affluent Saudi Arabia. cratic political institutions, protect human ard Perle is currently Resident Fellow If we accept poverty as an explanation we rights and renounce weapons of mass de- at American Enterprise Institute and will stop searching for a true, and useful, ex- struction. As we think through the best way chairman of the Defense Policy Board planation. We may not notice the poisonous to change the regime in Iraq, it is precisely of the Department of Defense, and extremist doctrine propagated, often with the proponents of democracy who deserve Saudi oil money, in mosques and religious served as Assistant Secretary of De- our support, not the disaffected officer who institutions around the world. simply wishes to substitute his dictatorship fense for International Security Policy If we attribute terrorism to poverty, we for that of Saddam Hussein. in the Reagan administration. He gave may fail to demand that President Mubarak I hope, Mr. Chairman, that the Congress, this testimony at a Senate Foreign Re- of Egypt silence the sermons, from mosques which has been well ahead of the executive

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1246 CONGRESSIONAL RECORD — SENATE February 27, 2002 branch in recognizing this, will succeed in dowment, and even more the organizations As Secretary of Foreign Relations, persuading this administration, although it that benefit from the Endowment’s support, Secretary Castan˜ eda has worked to failed to persuade the last one, that our ob- need and deserve all the help we can give build the image of a safe, honest, and jective in removing Saddam’s murderous re- them. gime must be its replacement by democratic peaceful Mexico that respects human forces in Iraq and the way to do that is work f rights and engages in political and so- with the Iraqi National Congress. REMARKS OF JORGE CASTAN˜ EDA, cial reform. He has also sought very Mr. Chairman, it goes without saying that MEXICAN SECRETARY OF FOR- successfully to strengthen his govern- democracies that respect human rights, and EIGN AFFAIRS ment’s involvement on the global especially the right to speak and publish and stage, both in this Hemisphere and in Mr. DODD. Mr. President, I rise organize freely, are far less likely to make Europe. war or countenance terrorism than dictator- today to publicly thank my good friend In light of the fact that my col- ships in which power is concentrated in the ˜ Jorge Castaneda, Mexican Secretary of leagues were not able to be present to hands of a few men whose control of the in- Foreign Relations, for taking the time struments of war and violence is unopposed. hear Secretary Castan˜ eda speak, I ask out of his busy schedule to address the unanimous consent that his remarks be As a general rule, democracies do not ini- U.S.-Spain Council last weekend. printed in the RECORD. I urge my col- tiate wars or undertake campaigns of terror. I have had the pleasure of chairing Indeed, democracies are generally loath to leagues to take the time to read them. the U.S.-Spain Council for two years build the instruments of war, to finance I know that they will enjoy and be bet- large military budgets or keep large num- now, and each year our annual meet- ings have been informative and ter informed having done so. bers of their citizens in military establish- There being no objection, the mate- thought-provoking. At these meetings ments. Nations that embrace fundamental rial was ordered to be printed in the human rights will not be found planning the American and Spanish members of the RECORD, as follows: destruction of innocent civilians. I can’t Council discuss U.S.-Spain bilateral re- think of a single example of a democracy lations, but we also focus on the unique Ladies and gentlemen: I want to thank the U.S.-Spanish Council and my good friend planning acts of terror like those of Sep- triangular relationship between the tember 11. Senator Chris Dodd for inviting me to join We could discuss at length why democratic U.S., Spain, and Latin America, par- you here this evening. I am grateful for this political institutions and a belief in the ticularly Mexico. Our meetings are al- opportunity to share with you some rights of individuals militate against war ways candid, constructive, and inform- thoughts on Mexico’s foreign policy. and terror and violence. But the more dif- ative, and I believe that they are par- As a result of Mexico’s far-reaching process ficult questions have to do with how effec- ticularly valuable for our membership. of reform and renewal, the government of tively we oppose those regimes that are not Part of what makes our annual meet- President Vicente Fox has acquired a legit- democratic and deny their citizens those fun- ings so successful is the high quality of imacy that is almost without precedent in damental human rights, the exercise of our country. This has had a profound impact the speakers that attend our con- on President Fox’s domestic agenda. It has which constitutes a major restraint on the ferences. This was truly evident when use of force and violence. also forced us to rethink and retool our for- Here the issue is frequently one of whether Secretary Castan˜ eda delivered the ad- eign policy so that it responds to the needs we ‘‘engage’’ them in the hope that our en- dress at our closing dinner last Friday and priorities of a new democratic Mexico. gagement will lead to reform and liberaliza- in the Senate Caucus Room. Times have changed. Things have changed. tion, or whether we oppose and isolate them. Having been an elected public serv- And, Lampedusa not withstanding, let me I know of no general prescription. Each case, ant for over 25 years, I have attended assure you that not everything will remain it seems to me, must be treated individually numerous dinners and receptions, and the same. because no two cases are alike. Take the have heard countless dinner speeches. I This process of reform and renewal is un- three cases of the ‘‘axis of evil.’’ charted territory for us in Mexico, but it can honestly say that Secretary should not be unfamiliar to those who have In the case of Iraq, I believe engagement is ˜ pointless. Saddam Hussein is a murderous Castaneda’s speech ranks among the lived through or have studied democratic thug and it makes no more sense to think of best I have ever heard. In his insightful transitions in other countries. In the past engaging his regime than it would a mafia remarks, Secretary Castan˜ eda detailed few decades, many authoritarian regimes family. his analysis of Mexican political his- have come to an end not as result of vio- In the case of Iran, I doubt that the goals tory, and outlined his vision for the fu- lence, but through a peaceful and orderly of democratization and human rights would ture of democracy in Mexico while process of democratization. Several factors be advanced by engaging the current regime drawing several parallels between came into play to make these transitions in Teheran. There is sufficient disaffection Mexican political liberalization and possible. One of the most significant among with the mullahs, impressive in its breadth them was the growing role of civil society as and depth, to commend continued isolation— the democratization of Spain after the a source of moral and political pressure, both and patience. The spontaneous demonstra- fall of Franco. Secretary Castan˜ eda’s at home and abroad. Also prominent was the tions of sympathy with the United States remarks were astute, thought-pro- influence of the media, both national and are brave and moving. We owe those who voking, and engaging. Indeed, they are international, constantly challenging and have marched in sympathy with us the sup- among the most comprehensive anal- undermining authoritarian regimes through port that comes from refusing to collaborate yses of modern Mexico to date. I think public exposure. And obviously, the most sig- with the regime in power. The people of Iran that my colleagues, especially those nificant factor was the balance of political may well throw off the tyrannical and inef- with an interest in the Western Hemi- forces within each nation and their willing- fective dictatorship that oppresses them. We sphere, would have enjoyed and greatly ness to enter into agreements that would fa- should encourage them and give them time. cilitate the transition to a democratic re- In the case of North Korea end the policy benefited from the substance of these gime. of bribing them. Such a policy invites black- remarks had they been present at the All these factors have also been at play in mail, by them or others who observe their dinner. Mexico, and they deserve a detailed exam- manipulation of us—and it certainly moves Dr. Jorge Castan˜ eda is uniquely ination in order to fully understand the them no closer to democracy or respect for qualified to speak about Mexico’s polit- country’s recent democratic transition and human rights. We must watch them closely ical situation. He is a man of enormous its prospects for consolidation. However, I and remain ready to move against any in- talent and experience, a leading intel- wish to focus my remarks here today on an- stallation that may place weapons of mass lectual, and now an important dip- other crucial issue that does not often re- destruction or long-range delivery within lomat. He has thought and written ex- ceive the attention it merits, in spite of the their reach. potentially decisive role that it can play in Mr. Chairman, I have only one rec- tensively about international rela- the consolidation of a democratic regime: ommendation for the Committee and it is tions, and particularly Mexico’s role in the influence of international affairs and for- this: to support enthusiastically, and specifi- the global community. He was a world eign policy in strengthening democracy. cally with substantially larger budgets, the renowned academic before joining the There is often a positive correlation be- National Endowment for Democracy. On a Fox Administration, and has taught at tween democracy and international engage- shoestring it has been a source of innovative, the National Autonomous University ment or conversely between creative programs for the building of demo- of Mexico and at New York University. authoritarianism and isolation. That is why cratic institutions, often working in places He is the author of twelve books, pub- undemocratic governments tend to be defen- where democracy and respect for human sive in their engagement with others. The rights is only a distant dream. It may well lished in English and Spanish, and he less democratic a country is, the more likely be the most cost-effective program in the en- has been a frequent contributor to that it will view the outside world with sus- tire arsenal of weapons in the war against noted publications such as Newsweek picion and will interpret any criticism as an terror and for a more secure world. The En- magazine, El Paı´s, and Reforma. affront to its sovereignty and to the rule of

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1247 the few. Undemocratic governments today In assuming these responsibilities within sion and infrastructure, opening up our bor- may pay utmost attention to domestic the framework of NATO and the EEC, Spain ders, and North American institution build- issues, while they regard international mat- was acting freely and on the basis of its own ing to regulate and oversee this process of ters with mistrust, at best, or with fear and sovereign interests. The new demands placed integration between the three countries. hostility, at worst. on Spain by European membership were un- This may sound overtly ambitious and even The end of authoritarianism has a two-fold questionably binding, but were also the re- far-fetched. But it should be doable and, effect: it means building and consolidating sult of an internal and public debate and, as more importantly, it is a right step in the democratic institutions and, at the same such, a deliberate choice by the Spanish peo- same direction that was chosen over a dec- time, leaving behind the defensive and in- ple. It is in this sense that the importance of ade ago for not entirely the right reasons. ward-looking attitude that had kept our the foreign factor in the Spanish transition Indeed, NAFTA was meant—and largely country at a distance from the world com- can contribute to understand the current sold—as a means to lock into place economic munity. This complex interplay between for- process of change in Mexico. convergence and macroeconomic policies. eign policy and democracy has been part of The fact that foreign policy is a key ele- This was done, however, in a typically au- other transitions, and I believe that Mexico ment of Mexico’s transition is neither a thoritarian fashion in Mexico, without au- can draw some important lessons from those whim nor a fluke. Its source is the presi- thentic debate, transparency or consensus experiences. dential election of 2000, which stands as a and some of the Treaty’s most obvious short- Perhaps the most relevant case for Mexico milestone in Mexico’s recent political devel- comings may be attributed directly to this. is the Spanish transition. In a recent book, opment. But it is also a purposeful response Playing a more active role in the multilat- aptly entitled ‘‘The Future is No Longer to the changes that have occurred in the eral arena is the other road we have chosen what it Used to Be,’’ former President Felipe international arena over the past decade, not abroad to consolidate democracy domesti- Gonzalez and journalist Juan Luis Cebrian least of which is the emergence of a growing cally. We are convinced that it is in Mexico’s provide a brilliant account of the political international consensus regarding both the best interest to adapt itself to the new rules- transition that allowed Spain to overcome legitimacy of democratic institutions above based international system that is gradually its authoritarian legacy and consolidate a all others and the respect for fundamental emerging and we therefore now subscribe to democratic regime. Some of the agonizingly human rights, including basic civil and polit- the argument that certain principles are uni- complex issues that Spanish society had to ical rights, and the rule of law. versal and enforceable above and beyond the resolve in this process are also pertinent, Under these new conditions, it is impera- sovereignty of the State. In this regard, also, mutatis mutandis, to other countries: How to tive to bring Mexico’s relations with the rest there are important precedents in Mexico’s ensure that age-old authoritarian tempta- of the world up to date. and in order to do so, recent past. The so-called ‘‘democratic tions would be effectively resisted and even- President Fox established a two-pronged clause’’ that was part and parcel of Mexico’s tually eliminated? How to prevent new con- strategy. Firstly, it was necessary to provide Free Trade Agreement signed with the Euro- flicts and long standing fractures within so- greater depth to our long term relationship pean Union in 1999 is evidence that, even be- ciety from derailing the democratic process? with the United States, which for historical fore the full onset of democracy in Mexico, The Spanish transition to democracy bold- as well as geopolitical reasons remains—and the country was being compelled to adhere ly and creatively addressed these questions. will continue to be in the foreseeable fu- to certain basic international standards if it The remarkably successful outcome of this ture—Mexico’s most important and closest wanted to have a more active international process owed much to the responsible, stabi- foreign partner. And secondly, given the heg- profile. lizing leadership of Spain’s politica elites emonic position of the US in the world area This is why Mexico has recently taken a and media. This was most singularly and the asymmetry of our bilateral relation- more proactive role in international fora achieved through the 1977 Constitution and ship, Mexico needed to develop an additional fighting racial discrimination and promoting the celebrated ‘‘Pactos de la Moncloa’’, major policy axis that would bring greater the rights of indigenous peoples in the World which brought all major Spanish political balance to our international agenda. This is Conference held in Durban last year; or forces together to agree on a basic frame- the reasoning behind the country’s more ac- strengthening democratic values and institu- work for the Spanish State and for economic tive engagement in regional and multilateral tions in the Americas though the Interamer- and social policy. But equally important was fora, such as the UN, the OAS, and other ican Democratic Charter and throughout the the role played by Spanish foreign policy in international mechanisms over the past year world by joining the Community of Democ- deepening and strengthening democracy, as or so. But in addition to their own intrinsic racies; or adopting a more consistent stance well as, change across the board. They keyb to this process was Spain’s deci- merits and justifications these two external in the proceedings of the UN Human Rights sive shift towards European integration, guidelines include fundamental domestic Commission; or actively working to increase which contributed enormously to democratic policy policy connotations. transparency and combat corruption during They obviously face a series of constraints. stability. The first crucial step in this direc- the recent International Anti-Corruption tion was the country’s decision to become a Admittedly, our country today cannot rely, Conference held in Prague; or hosting the UN full fledged Party to the NATO, which Spain as Spain did, on an already existing institu- sponsored International Conference on Fi- joined on May 1982, submitting its continued tional framework such as the one provided nancing for Development to be held next membership to a national referendum in by the European Economic Community. month in Monterrey; or hosting the forth- 1986. This effectively put an end to its rel- There are no established supranational coming Ministerial Conference of the World ative isolation and promoted the moderniza- North American or regional institutions Trade Organization in 2003. tion and democratization of the armed which may serve as an anchor for the process These actions and the commitments not forces, which henceforth were obliged to ad- of democratization and modernization that only promote key foreign policy interests, here to the same professional standards in we have undertaken; nor are there structural but they also, and most crucially, help to an- place throughout the NATO’s member na- or cohesion funds through which financial chor Mexico’s emerging democracy and proc- tions. assistance could be channeled to reduce in- ess of change. They will contribute to pre- The most significant foreign policy meas- equalities between different countries and vent a future dislocation of the democratic ure as far as the consolidation of democracy regions and foster socioeconomic conver- process or the temptation to return to the is concerned, however, was the decision to gence among European nations, as was the authoritarianism of previous decades. join the European Economic Community, as case within the EEC. In the absence of this Let me give you an example. The govern- the European Union was known then. There framework, we need to actively and cre- ment of President Fox has radically altered was wide consensus among Social political atively develop new institutions that will the country’s traditional international leaders about the need to bind Madrid to promote North American prosperity and, in stance on human rights, and has recently Brussels, that is to say, to bring Spain into the process, help Mexico achieve a successful taken a number of important steps to guar- close association with the EEC nations, an- and definitive transition to democracy. antee their full observance within the coun- choring the modernization and democratiza- That is why we have, first, re-launched our try. Prominent prisoners, such as activists tion of the country within the regional insti- bilateral relationship with the United Teodor Cabrera and Rodolfo Montiel, fisher- tutions of a democratic Europe. Spain’s re- States, introducing new issues, such as mi- men Leocadio Ascencio and Aurelio Guzma´ n, quest for entry had been submitted as early gration and energy seeking consistently and and Mr. Jose´ Gallardo, a former member of as 1977. But, it was President Felipe Gonza´ lez systematically to engage all actors across the Mexican armed forces, were released and the Partido Socialista Obrero Espan˜ ol, who the spectrum of US society; and, most im- from jail as a result of the President’s deci- explicitly linked foreign policy and demo- portantly, it explains why we are trying to sion to review their cases and find adequate cratic consolidation as a State goal. They establish a new conceptual framework for solutions that fully respect the rule of law. understood that the move towards Europe our relationship. What we envision is a new They are part of an ambitious agenda for re- and the move towards democracy were com- set of standing institutions that would allow form that has already allowed for the libera- plementary processes: if Spain was to be part for the free movement of capital, goods and tion of nearly a hundred other prisoners who of the European Economic Community and services, and also people, so that we may had been detained because of their activities enjoy the benefits that this membership af- gradually bring about a greater degree of during the Chiapas uprising; the appoint- forded in terms of trade and finance, it also uniformity in the levels of economic and so- ment of a Special Prosecutor to investigate had to maintain social policies and political cial development within North America. past human rights violations, the subscrip- institutions that were consistent with those This will require designing creative mecha- tion or ratification of 13 international trea- of the EEC as a whole. nisms to transfer resources for social cohe- ties on issues such as discrimination against

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1248 CONGRESSIONAL RECORD — SENATE February 27, 2002 women, the exploitation of children or British reserve and understatement—that join with us in enacting these impor- crimes against humanity or asking the Mexi- ‘‘it would be unfair not to acknowledge that tant reforms. can Congress to ratify the Statute of Rome what was achieved [by this transition] un- creating the International Criminal Court; doubtedly constitutes a cause for collective f and an agreement for the establishment of a pride’’. regional delegation of the International I sincerely hope that, 26 years from now, a Committee of the Red Cross in Mexico. But future historian of Mexico can express simi- SENATOR TED KENNEDY’S 70TH they are also, first and foremost, actions lar feelings about our transition to democ- BIRTHDAY that seek to guarantee that international racy. It is this hope that spurs many of us in Mr. INOUYE. Mr. President, I am surveillance on these issues will strengthen government, and throughout society at democracy and human rights at home. large, to do everything we can to ensure that most honored to express my congratu- Ladies and Gentlemen: By overcoming au- our country lives up to its present challenge. lations to my dear friend, Senator TED thoritarian rule, Mexico is leaving behind its And I am sure that all of you will understand KENNEDY, as he celebrates his 70th former defensive attitude and reaching out why we in Mexico wholeheartedly believe birthday. He and I joined the Senate to the world in search for a new identity, that it is a cause that our partners should chamber 40 years ago, and it has been just as Spain did more than 25 years ago. But also embrace. my privilege to serve alongside this while the similarities between the Spanish Thank you. great man over the years. and the Mexican transitions are significant, f the differences are equally revealing. Senator KENNEDY has championed Whereas Spaniards were able to come to THE PENSION SECURITY ACT OF health insurance and education reform, terms with their authoritarian past, Mexi- 2002 defended the rights of the elderly and cans have yet to achieve reconciliation and a Mr. GREGG. Mr. President, the spec- workers, strengthened civil rights, and common sense of purpose of its real and tacular collapse of the Enron Corpora- protected our natural resources. He has longstanding democratic institutions by ad- tion has broken lives, shattered dreams proudly and ably carried on his fam- dressing the grievances of recent past his- ily’s legacy of public service. tory. Whereas the Spanish people imme- and shaken confidence in our financial diately experienced the tangible benefits af- markets and in several professions. I wish to thank Senator KENNEDY for forded by EEC membership, through infra- From what we know so far, it appears his outstanding service to his home structure and cohesion funds aimed at over- that the fall of Enron involves malfea- State of Massachusetts and to our Na- coming backwardness and establishing a sance, misfeasance and nonfeasance on tion. I extend my best wishes to him level playing field within the Community, the part of very many people. There for many more years of good health, Mexican society has yet to fully realize the may ultimately be criminal prosecu- memorable experiences, and continued enormous advantages to be gained by estab- tions, civil fines, and partial restitu- success. lishing similar mechanisms to boost eco- Mr. AKAKA. Mr. President, I wish to nomic and social development in Mexico and tion. It may take years to sort out all by embracing the idea of a North American of the problems and for Congress to join my colleagues from both sides of community. Whereas Spain was able to an- enact appropriate solutions. the aisle who have taken to the Senate chor its democratic transition in an existing Although the Enron investigations floor to offer heartfelt tributes and European Community, Mexico must strive to and lawsuits are ongoing, we have best wishes to our esteemed colleague build the institutions of true North Amer- learned several lessons in the area of and friend, the senior Senator from ican Community. And whereas Spain’s entry employee retirement security that can Massachusetts (Mr. KENNEDY) as he in the EEC impinged upon Spanish sov- be addressed swiftly and responsibly. I celebrates his 70th birthday. While ereignty, as indeed it affected the sov- prior commitments precluded my par- ereignty of all other EEC members, NAFTA, am pleased to join my colleagues Sen- a truly Anglo-Saxon institution, left domes- ators TIM HUTCHINSON and TRENT LOTT ticipation in yesterday’s bipartisan tic politics and social policy, two funda- in introducing the Pension Security tribute, I wanted to take a moment to mental attributes of sovereignty, largely un- Act of 2002. This legislation creates im- offer my congratulations to Senator touched. portant new protections and rights for KENNEDY. This latter point is crucial. Mexico, today, working Americans that give them the For 40 of his 70 years, TED KENNEDY as Spain purposefully did back in the tools to enhance their own retirement has worked for the people of Massachu- eighties, seeks supranational rules and regu- setts and America in the United States lations that bind and ensure its democratic planning and security. transition and enhance its prosperity and en- The measure includes new safeguards Senate. During that time, through sure its democratic stability. This seems to and options to help workers preserve hard work, consensus building and per- me a more than fair trade off. and enhance their retirement security, severance, with great wit and charm, The jury is still out on Mexico’s demo- and insists on greater accountability and, on many memorable occasions, cratic consolidation. If we are to succeed, from companies and senior corporate passionate oratory, TED KENNEDY has the leaders of all major political parties in executives during ‘‘blackout’’ periods established himself as one of the most Mexico must have the courage to put some of effective legislators of the 20th century their differences aside and work together for when rank-and-file workers are unable a common purpose. But our North American to make changes to their retirement and a champion for equality, oppor- partners must also show themselves willing accounts. tunity, and justice for all Americans. to take on the challenge of developing a new Under the Pension Security Act, When I was appointed to the Senate vision for our region, one that can radically workers would have more freedom to in 1990, we were considering the Ameri- change for the better the lives of millions of diversify their investments, much cans With Disabilities Act, one of the people throughout Mexico, the U.S. and Can- greater access to high quality invest- many landmark civil rights bills that ada. ment advice, advance notice before TED KENNEDY has helped to inspire and If there has been a clear and consistent craft, guide through Congress, and be- trait throughout the world in recent decades, blackout periods, more information it is the tendency towards integration, which about their pensions, and other tools come law. For as long as I have been in in turn has resulted in stronger democratic they can use to maximize the potential public service, TED KENNEDY has been a institutions and the adherence to basic uni- of their 401(k) plans and ensure a se- powerful voice and an advocate for versal standards of behavior. This is not a cure retirement future. those who are most vulnerable in our spontaneous or natural process, even though The bill also clarifies that employers Nation. On issues ranging from civil there may be historical forces at play. Rath- have a fiduciary responsibility for the rights, voting rights, equal rights for er, it must be complemented by deliberate security of workers’ investments dur- women, equal protection for all Ameri- action. This is exactly what the government cans regardless gender, race, religion, of President Fox has set out to achieve: to ing ‘‘blackout’’ periods and bars senior use foreign policy as a crowbar to open up corporate executives from selling their or sexual orientation, Americans with our country and help consolidate democracy own stock at times when rank-and-file disabilities, access to health care, qual- and change human rights in Mexico. Suc- workers cannot make changes to their ity education for all children, workers’ ceeding in this endeavor is not only critical 401(k) accounts. rights, patients’ rights, a decent min- for Mexico; it is an issue of central impor- The bill strikes an important balance imum wage, food stamps, or equal jus- tance to the future of North America, to our between preserving employee free tice for all Americans, TED KENNEDY hemisphere and to the rest of the inter- choice and opportunity in the vol- has been at the forefront of the battles national community. Let me conclude by quoting the Spanish- untary retirement savings system and for equal opportunity for all Ameri- British historian Charles Powell, who ends protecting individuals from the wrong- cans, for fairness, for justice. his splendid work on the history of Spain ful acts of others. I look forward to In 1963, speaking on civil rights for after Franco by stating—not without some working with all of my colleagues to African Americans, President Kennedy

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1249 said that ‘‘every American ought to I would like to describe a terrible tinguished freestyle skier from Mis- have the right to be treated as he crime that occurred May 16, 1993 in Re- soula MT. At the age of 31, Eric has at- would wish to be treated, as one would hoboth Beach, DE. Three gay men were tained nearly every milestone that in- wish his children to be treated. This is brutally assaulted by five assailants. spires athletes to achieve their dreams. not the case.’’ Throughout his illus- The attackers used bottles and an alu- He is an Olympic champion, a world trious career, TED KENNEDY has worked minum baseball bat to beat the vic- champion, and has held numerous to ensure that all Americans are treat- tims. world records throughout his career. ed fairly, are treated with respect and I believe that government’s first duty As impressive as his accomplishments dignity. His work in the Senate has is to defend its citizens, to defend them are, the passion Eric has for his sport helped us move forward as a people and against the harms that come out of is truly remarkable. Passion shines Nation toward the vision of America hate. The Local Law Enforcement En- brightest through innovations, and that President Kennedy and Senator hancement Act of 2001 is now a symbol Eric has made many. He has landed un- ROBERT F. KENNEDY spoke about with that can become substance. I believe precedented jumps throughout his ca- such eloquence. His effectiveness in that by passing this legislation, we can reer, and has developed a one-armed forging bipartisan partnerships to ad- change hearts and minds as well. take off style that has opened up new vance the causes and issues he cares so f possibilities to all freestyle skiers. much about is legendary. As the Major- 90TH ANNIVERSARY OF HADASSAH Like so many of his fellow Mon- ity Leader said, TED KENNEDY is the tanans, Eric has achieved great things master of the principled compromise. Mr. KOHL. Mr. President, this week through both his appreciation of the marks the 90th anniversary of Hadas- In doing so, TED inspires those of us virtues of a will-do attitude and the de- lucky enough to serve with him with sah, the Women’s Zionist Organization termination to follow through on a of America. With over 300,000 members his dedication, persistence and hard task. These assets led Eric down the and 1,500 chapters across the country, work, and he has earned the admira- seemingly improbable path from a boy Hadassah is the largest women’s and tion, respect, and love of people across jumping off the roof of his house into a largest Jewish membership organiza- America. matress pile, to a young man driving tion in the United States. Over the last As both a colleague and friend, no alone from Montana to Lake Placid nine decades, its devoted members one is more generous with his time or with only makeshift skis and ten dol- have exhibited the best of the Amer- considerate than Ted Kennedy. The lars in his pocket, to an Olympic and ican philanthropic and volunteer spirit senior Senator from Illinois (Mr. DUR- world champion. It has been exciting to in pursuing the organization’s mission BIN) and some of my colleagues men- see Eric accomplish so many things. of a peaceful and secure Israel, a vital tioned that in some parts of their But when I consider the determination Jewish culture, and the Jewish impera- states being accused of voting too and passion that have pushed Eric tive for social justice. much like TED KENNEDY is a standard Today in Israel, Hadassah continues along, it has become clear that maybe political reproach. In Hawaii, a com- to add to a well-established humani- his path really wasn’t so improbable parison to TED KENNEDY is a badge of tarian record that has fostered peace, after all. honor. In 1990, I was appointed to the understanding, and prosperity for all f Senate in May, and was campaigning Israeli citizens. The Hadassah Medical 2002 BLACK HISTORY MONTH for election in November. My race was Organization (HMO) operates two hos- Mr. DURBIN. Mr. President, I rise extremely close, and the Senate was in pitals, ninety outpatient clinics, and today in honor of Black History session until the last week of October numerous community health centers Month, a 76-year tradition recognizing working on the Federal budget. Then that provide state of the art health and celebrating the contributions of President George H.W. Bush and other care to 600,000 patients a year—regard- African-Americans throughout our his- national leaders had come to the is- less of race, religion, or creed. These tory. lands to campaign for my opponent. medical facilities often treat the most Dr. Carter G. Woodson, the son of TED KENNEDY agreed to campaign with critically wounded in the region’s on- former slaves, earned his bachelor’s me in Hawaii right before the election. going conflicts and the support they re- and master’s degrees from the Univer- His appearance energized the voters, ceive from Hadassah members allows sity of Chicago in my home State of Il- and sparked a surge in the polls that them to save lives. The HMO reaches linois, before continuing his studies at broke open a close race. In fact, on out beyond Israel, providing medical Harvard University and the Sorbonne election night, TED KENNEDY was the personnel and training during inter- in Paris. Since African-American his- first person to call with congratula- national health crises, enhancing the tory had barely begun to be studied or tions based on exit poll projections he welfare of communities around the had received. globe. even documented, Dr. Woodson estab- In the history of the Senate, there Here in United States, Hadassah’s lished what is now called the Associa- have been few Senators whose record of women’s health and education initia- tion for the Study of Afro-American accomplishments, whose hard work, tives have enhanced the health and Life and History and founded the Jour- whose contributions to building a more well being of the American Jewish nal of Negro History. In 1926, he started perfect Union, equals that of the senior community and our Nation. Its inform- Negro History Week and chose the sec- Senator from Massachusetts. I am ative awareness campaigns on breast ond week of February because it marks proud to serve with him in the Senate cancer, osteoporosis, and eating dis- the birthdays of two men who have had and fortunate to call him a friend. It is orders have empowered women of all a great impact on African-Americans: with the deepest admiration and pro- ages to make healthy lifestyle deci- Abraham Lincoln and Frederick Doug- found aloha that I wish TED, hau’oli la sions. Hadassah has strengthened lass. Thanks to the efforts of Dr. Wood- hanau, a most Happy Birthday. May American Jewish culture through spon- son and those who have followed him, you have many more. God bless you. sorship of Jewish and Hebrew edu- we now celebrate the outstanding f cational classes and study groups. achievements of African-Americans Mr. President, for ninety years Ha- past and present during the entire LOCAL LAW ENFORCEMENT ACT dassah has brought Jewish-American month of February. OF 2001 women together to explore their shared Illinois has a rich African-American Mr. SMITH of Oregon. Mr. President, faith and connection to Israel. On this legacy. Gwendolyn Brooks was the first I rise today to speak about hate crimes week of their 90th anniversary, I com- African-American poet to win the Pul- legislation I introduced with Senator mend their good work and wish them itzer Prize, and in 1968, she was named KENNEDY in March of last year. The many more years of success. the poet laureate of Illinois. In 1985–86, Local Law Enforcement Act of 2001 f she was the Poet Laureate Consultant would add new categories to current in Poetry to the Library of Congress hate crimes legislation sending a sig- ERIC BERGOUST APPRECIATION and focused her efforts on encouraging nal that violence of any kind is unac- Mr. BURNS. Mr. President, I rise elementary school students to write ceptable in our society. today to recognize Eric Bergoust, a dis- poetry.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1250 CONGRESSIONAL RECORD — SENATE February 27, 2002 Black History Month is also a cele- to help unemployed workers continue Commonwealth of Pennsylvania. Mr. bration of lesser-known African-Ameri- their health benefits. I proposed an Laino was a crew member aboard Texas cans, and I would like to recognize the amendment that would have increased Tower 4. far-reaching contributions of Illinoisan weekly unemployment benefits by $25 Texas Tower 4 was one of three De- Lloyd Augustus Hall. Mr. Hall was a or fifteen percent, whichever is greater. partment of the Air Force radar sites chemist who earned more than 100 pat- It also would have expanded coverage installed in the North Atlantic Ocean ents in the United States, Great Brit- to part-time and low-wage workers, in the 1950s whose purpose was to pro- ain, and Canada. His work revolution- helping nearly 80 percent of the laid-off vide early warning in the event of an ized the meatpacking industry, and his workers who currently are not receiv- enemy missile or bomber strike method for sterilizing spices is used ing benefits. against the United States. Texas Tower today to sterilize medicine, medical In addition, I am an original cospon- 4 was located approximately 85 miles supplies, and cosmetics. He was the sor of the bipartisan election reform southeast of New York City in 185 feet first African-American elected to the measure and introduced an amendment of water. Prior to the accident in 1961, National Board of Directors of the to eliminate the unnecessary special Tower 4 had earned a reputation for American Institute of Chemists, and treatment of punchcard voting sys- being unstable and had been nick- President John F. Kennedy appointed tems. The overwhelming majority of named ‘‘Old Shaky’’ by the crew mem- him to the American Food for Peace African-American and Hispanic voters bers who served aboard the structure. On September 12, 1960, Texas Tower 4 Council in 1962. use the punchcard system, which loses was struck by Hurricane ‘‘Donna.’’ The Today, Illinoisans continue to build at least 50 percent more votes than op- storm’s 130-mile per hour winds and 50- upon Dr. Woodson’s legacy of pre- tically-scanned paper ballots. My foot waves exceeded Tower 4’s design serving and celebrating African-Amer- amendment would have reduced the specifications and caused structural ican history. Last month, Jewish lead- number of these discarded votes by per- damage to the platform. The Air Force ers at the Beth Emet synagogue in mitting a voter to verify the votes he decided that extensive repair work Evanston, Illinois, released a restored or she selected on the ballot and noti- would need to be performed on Tower 4 recording of a speech Dr. Martin Lu- fying the voter if more than one can- the following spring. February 1, 1961, ther King, Jr., gave there 44 years ago. didate had been selected for a single of- was established as the date for com- It took months of digital forensic audio fice. The voter also would have had the plete evacuation of the platform. In the techniques to clean background noise opportunity to change the ballot or meantime, a maintenance crew of 28 and to convert the reel-to-reel tape to correct any error before the ballot was persons was stationed aboard Tower 4 compact disc, but the effort was well cast and counted. to perform immediate repair work worth it, and Dr. King’s words then are I am also an original cosponsor of the prior to more rigorous repairs being still instructive today. End Racial Profiling Act of 2001, which Dr. King observed that there had performed. Mr. Laino was among this prohibits law enforcement agencies and group of workers, and tragically lost been three distinct periods in our na- agents from engaging in racial his life when a second storm struck tion’s history of race relations: slav- profiling and provides for enforcement Tower 4. This storm possessed 85-mile ery, segregation, and desegregation. He in civil court. This legislation would per hour winds, 35-foot waves, and also declared that the issue of civil also require Federal, State, and local proved to be too much for the already rights is ‘‘an eternal moral issue which law enforcement agencies receiving weakened Tower 4 to withstand. At 7:20 may well determine the destiny of our Federal grants to maintain adequate pm on the evening of January 15, 1961, nation’’ and looked toward a fourth pe- policies and procedures designed to Texas Tower 4’s structure failed, and riod—a period of real integration. eliminate racial profiling. Further- the platform, with all hands on board, This month, we honor the great more, I have introduced the Reasonable sank to the bottom of the Atlantic. strides made by African-Americans in Search Standards Act to prohibit U.S. In closing, I would again like to call overcoming obstacles and color bar- Customs Service personnel from attention to the sacrifice made by riers. But I am afraid we have not yet searching or detaining individuals Louis M. Laino in defense of his coun- reached Dr. King’s goal of real integra- based on racial and other discrimina- try. Mr. Laino made the ultimate sac- tion. The unemployment rate for Afri- tory profiling criteria. rifice, that of his life. On behalf of the can-Americans has jumped to 9.8 per- The official theme for this year’s people of Pennsylvania, I salute Mr. cent, over four percentage points high- Black History Month is ‘‘The Color Laino for his courage and bravery in er than the rate for all workers. The Line Revisited: Is Racism Dead?’’ This performing a dangerous duty. Mr. 2000 Presidential election illustrated month, and every month, we must push Laino died so that all of us might be the disenfranchisement of thousands of forward until the answer to this ques- safer, and for that, he should be re- African-American voters nationwide, tion is a resounding ‘‘Yes.’’ We must membered.∑ whose votes did not count. There is dis- continue to fight for economic oppor- f turbing evidence that some law en- tunity, equal justice, and equity in forcement agencies and agents ‘‘pro- education and health care. While we HONORING SENATOR HARRY F. file,’’ or make pre-determinations celebrate the accomplishments of Afri- BYRD, JR. about, people based on their race. can-Americans throughout our history, Mr. ALLEN. Mr. President, I rise Dr. King noted the important role we must build upon those achieve- today to recognize and honor Harry F. that we in the Federal Government ments, until we can finally reach Dr. Byrd, Jr., for his lifelong commitment must play in addressing issues such as King’s vision of real integration. to principles and honestly serving the these. In his 1958 speech at Beth Emet, f people of Virginia and the United he said, ‘‘As we look to Washington, so States of America. The Virginia Gen- often it seems that the judicial branch ADDITIONAL STATEMENTS eral Assembly recently honored U.S. of the government is fighting the bat- Senator Harry F. Byrd, Jr., of Win- tle alone. The executive and legislative chester, VA, and celebrated his accom- IN REMEMBRANCE OF LOUIS M. branches of the government have been plishments. Some present members of LAINO all too slow and stagnant and silent, the Senate had the pleasure of serving and even apathetic, at points. The hour ∑ Mr. SANTORUM. Mr. President, I and working with Senator Byrd of Vir- has come now for the Federal Govern- rise today to honor the memory of one ginia. Having the privilege of serving ment to use its power, its constitu- of my constituents, Mr. Louis M. in the seat once held by Senator Byrd, tional power, to enforce the law of the Laino, a man who gave his life in de- I wish to share with all my colleagues land.’’ fense of his country. those positive sentiments expressed in The time indeed has come for Con- I would like to call attention to a the resolution adopted by the General gress to show that it is no longer slow tragic accident which occurred on Jan- Assembly of Virginia, and ask that the and certainly not apathetic. I have uary 15, 1961, and which took the lives related article be printed in the been working for several months to try of 28 brave Americans, one of whom, RECORD. to extend unemployment benefits and Louis M. Laino, was a resident of the The article follows:

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1251 TEXT OF SENATE RESOLUTION HONORING governors. ‘‘And we remained friends until announced that the House has passed HARRY F. BYRD JR. Albertis and Mills died,’’ Byrd said. the following bill, without amendment: Byrd served 18 years in the Virginia Senate SENATE JOINT RESOLUTION NO. 179 S. 1206. An act to reauthorize the Appa- as a Democrat, the party his father, Harry F. Whereas, Harry Flood Byrd, Jr., of Win- lachian Regional Development Act of 1965, Byrd Sr., built into a political machine. In chester has served the Commonwealth and and for other purposes. 1966, after Byrd Sr. retired from his U.S. Sen- the nation with great distinction, continuing The message also announced that the a Byrd family tradition that dates to the ate seat in poor health, Byrd Jr. won a spe- earliest days of the Republic; and cial election to fill the four years that re- House has agreed to the following con- Whereas, educated at the Virginia Military mained on his father’s term. He left the current resolution, in which it requests Institute and the University of Virginia, party and won re-election in 1970 and 1976 as the concurrence of the Senate: an independent, then retired from public life Harry Byrd, Jr., followed his father Harry H. Con. Res. 304. Concurrent resolution ex- in 1982 to return to his hometown, Win- Byrd, Sr., into public service, thus forming a pressing sympathy to the people of the chester, and run his family’s newspapers. father-son combination that was the most Democratic Republic of the Congo who were Byrd was a former director and a second influential in 20th century Virginia politics; tragically affected by the eruption of the vice president of The Associated Press. and Nyiragongo volcano on January 17, 2002. Whereas, Harry Byrd, Jr., served as a mem- f The message further announced that ber of the Democratic State Central Com- mittee from 1940 to 1965 and served as a lieu- MESSAGES FROM THE PRESIDENT the House has agreed to the amend- tenant in the U.S. Naval Reserve during ment of the Senate to the bill (H.R. Messages from the President of the 1892) to amend the Immigration and World War II; and United States were communicated to Whereas, following distinguished service in Nationality Act to provide for the ac- the Senate of Virginia from 1948 to 1965, the Senate by Mr. Williams, one of his ceptance of an affidavit of support from Harry Byrd, Jr., succeeded his father in the secretaries. another eligible sponsor if the original United States Senate on November 12, 1965; f sponsor has died and the Attorney Gen- and Whereas, for the next 18 years, Harry F. EXECUTIVE MESSAGES REFERRED eral has determined for humanitarian Byrd, Jr., maintained the family tradition of reasons that the original sponsor’s fiscal conservation, unquestioned integrity, As in executive session the Presiding classification petition should not be re- and a distaste for political expediency; and Officer laid before the Senate messages voked. Whereas, Harry F. Byrd, Jr., continued his from the President of the United f father’s insistence on ‘‘pay as you go’’ gov- States submitting sundry nominations ernment, and his aversion to debt still rever- which were referred to the appropriate ENROLLED BILLS SIGNED berates in Virginia’s continued recognition committees. At 6:02 p.m., a message from the as a fiscally sound, well-managed state; and (The nominations received today are Whereas, Senator Byrd is the oldest living House of Representatives, delivered by former United States Senator from Virginia; printed at the end of the Senate pro- Mr. Hays, one of its reading clerks, an- and ceedings.) nounced that the Speaker has signed Whereas, the influence of Harry Byrd, Jr., f the following enrolled bills: on the political life of Virginia during the H.R. 1892. An act to amend the Immigra- 20th century was profound, beneficent, and PRESIDENTIAL MESSAGES tion and Nationality Act to provide for the lasting, and the ideas and ideals he espoused The following presidential messages acceptance of an affidavit of support from continue to ring true as the Commonwealth another eligible sponsor if the original spon- enters the 21th; now, therefore, be it were laid before the Senate, together Resolved by the Senate, the House of Dele- with accompanying papers, reports, sor has died and the Attorney General has gates concurring, That the General Assembly and documents, which were referred as determined for humanitarian reasons that hereby honor Harry Flood Byrd, Jr., for his indicated: the original sponsor’s classification petition dedication, commitment, and integrity over should not be revoked. PM–71. A message from the President of H.R. 3699. An act to revise certain grants a long and meritorious political career; and, the United States, transmitting, pursuant to be it for continuum of care assistance for home- law, a report concerning the continuation of less individual and families. Resolved further, That the Clerk of the Sen- the national emergency relating to Cuba and ate prepare a copy of this resolution for pres- of the emergency authority relating to the f entation to Harry Flood Byrd Jr., as an ex- regulation of the anchorage and movement MEASURES REFERRED pression of the admiration and respect of the of vessels to extend beyond March 1, 2002; to General Assembly. the Committee on Banking, Housing, and The following concurrent resolution Urban Affairs. was read, and referred as indicated: HARRY F. BYRD JR. To the Congress of the United States: H. Con. Res. 304. Concurrent resolution ex- (By Bob Lewis) Section 202(d) of the National Emer- pressing sympathy to the people of the RICHMOND, VA. (AP).—Former U.S. Sen. gencies Act (50 U.S.C. 1622(d)) provides Democratic Republic of the Congo who were Harry F. Byrd Jr. returned to the state Sen- tragically affected by the eruption of the ate chamber to prolonged standing applause for the automatic termination of a na- tional emergency unless, prior to the Nyiragongo volcano on January 17, 2002; to Thursday to receive a proclamation in his the Committee on Foreign Relations. honor and recall his own Senate service. anniversary date of its declaration, the The 87-year-old heir to the political dy- President publishes in the Federal Reg- f nasty that ruled Virginia for much of the ister and transmits to the Congress a 20th century noted his first days in the Sen- INTRODUCTION OF BILLS AND notice stating that the emergency is to JOINT RESOLUTIONS ate in 1948, when he was pressured into hast- continue in effect beyond the anniver- ily signing onto a bill. The following bills and joint resolu- ‘‘The next day, all hell broke loose. It was sary date. In accordance with this pro- vision, I have sent the enclosed notice tions were introduced, read the first interpreted as an effort to keep the president and second times by unanimous con- off the ballot that year,’’ Byrd said with a to the Federal Register for publication, chuckle. ‘‘I learned never to sign a bill with- which states that the emergency de- sent, and referred as indicated: out reading it.’’ clared with respect to the Government By Mr. ENZI (for himself and Mr. The bill was the state’s unsuccessful effort of Cuba’s destruction of two unarmed THOMAS): to snub President Harry S. Truman. U.S.-registered civilian aircraft in S. 1970. A bill to designate the facility of Then, in a soft voice, Byrd looked to his the United States Postal Service located at right to the desk he occupied in his 18 years international airspace north of Cuba on 2829 Commercial Way in Rock Springs, Wyo- in the state Senate and recalled old days and February 24, 1996, is to continue in ef- ming, as the ‘‘Teno Roncalio Post Office old friends. fect beyond March 1, 2002. Building’’; to the Committee on Govern- ‘‘I find it hard to believe it was 54 years GEORGE W. BUSH. mental Affairs. ago that I first came here,’’ he said. ‘‘I love THE WHITE HOUSE, February 26, 2002. By Mr. GRASSLEY: the Senate. I love the U.S. Senate, too, but S. 1971. A bill to amend the Internal Rev- f this Senate is my favorite. It’s smaller and enue Code of 1986 and the Employee Retire- you can make friends here to a greater de- MESSAGES FROM THE HOUSE ment Income Security Act of 1974 to protect gree than you can in Washington.’’ the retirement security of American workers Among his closest friends in that freshman At 11:24 a.m., a message from the by ensuring that pension assets are ade- Senate class were Albertis Harrison and House of Representatives, delivered by quately diversified and by providing workers Mills E. Godwin, who later became Virginia Ms. Niland, one of its reading clerks, with adequate access to, and information

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1252 CONGRESSIONAL RECORD — SENATE February 27, 2002 about, their pension plans, and for other pur- S. 1867 ator from Minnesota (Mr. DAYTON), the poses; to the Committee on Finance. At the request of Mr. LIEBERMAN, the Senator from New Mexico (Mr. BINGA- By Mr. ROCKEFELLER: name of the Senator from Georgia (Mr. MAN), the Senator from Rhode Island S. 1972. A bill to amend the charter of the MILLER) was added as a cosponsor of S. AMVETS organization; to the Committee on (Mr. CHAFEE), the Senator from Ohio the Judiciary. 1867, a bill to establish the National (Mr. DEWINE), the Senator from Geor- Commission on Terrorist Attacks Upon gia (Mr. CLELAND), the Senator from f the United States, and for other pur- Louisiana (Ms. LANDRIEU), the Senator ADDITIONAL COSPONSORS poses. from Wyoming (Mr. ENZI), and the Sen- S. 975 S. 1917 ator from Arkansas (Mr. HUTCHINSON) At the request of Mr. CHAFEE, the At the request of Mr. JEFFORDS, the were added as cosponsors of S. Res. 211, name of the Senator from New Jersey names of the Senator from Indiana a resolution designating March 2 , 2002, (Mr. TORRICELLI) was added as a co- (Mr. BAYH), the Senator from South as ‘‘Read Across America Day.’’ sponsor of S. 975, a bill to improve en- Dakota (Mr. DASCHLE), the Senator At the request of Mr. SPECTER, his vironmental policy by providing assist- from Louisiana (Mr. BREAUX), the Sen- name was added as a cosponsor of S. ance for State and tribal land use plan- ator from Maine (Ms. SNOWE), the Sen- Res. 211, supra. ning, to promote improved quality of ator from California (Mrs. FEINSTEIN), AMENDMENT NO. 2937 life, regionalism, and sustainable eco- the Senator from Mississippi (Mr. At the request of Ms. LANDRIEU, her nomic development, and for other pur- COCHRAN), the Senator from Minnesota name was added as a cosponsor of poses. (Mr. WELLSTONE), and the Senator from amendment No. 2937 proposed to S. 565, S. 1125 Illinois (Mr. DURBIN) were added as co- a bill to establish the Commission on At the request of Mr. MCCONNELL, sponsors of S. 1917, a bill to provide for Voting Rights and Procedures to study the name of the Senator from Pennsyl- highway infrastructure investment at and make recommendations regarding vania (Mr. SANTORUM) was added as a the guaranteed funding level contained election technology, voting, and elec- cosponsor of S. 1125, a bill to conserve in the Transportation Equity Act for tion administration, to establish a global bear populations by prohibiting the 21st Century. grant program under which the Office the importation, exportation, and S. 1969 of Justice Programs and the Civil interstate trade of bear viscera and At the request of Mr. SMITH of New Rights Division of the Department of items, products, or substances con- Hampshire, his name was added as a Justice shall provide assistance to taining, or labeled or advertised as con- cosponsor of S. 1969, a bill to amend States and localities in improving elec- taining, bear viscera, and for other pur- title I of the Employee Retirement In- tion technology and the administration poses. come Security Act of 1974 and the In- of Federal elections, to require States S. 1379 ternal Revenue Code of 1986 to provide to meet uniform and nondiscrim- At the request of Mr. KENNEDY, the additional protections to participants inatory election technology and ad- name of the Senator from Louisiana and beneficiaries in individual account ministration requirements for the 2004 (Ms. LANDRIEU) was added as a cospon- plans from excessive investment in em- Federal elections, and for other pur- sor of S. 1379, a bill to amend the Pub- ployer securities and to promote the poses. lic Health Service Act to establish an provision of retirement investment ad- f Office of Rare Diseases at the National vice to workers managing their retire- STATEMENTS ON INTRODUCED Institutes of Health, and for other pur- ment income assets, and to amend the BILLS AND JOINT RESOLUTIONS poses. Securities Exchange Act of 1934 to pro- By Mr. ENZI (for himself and Mr. S. 1617 hibit insider trades during any suspen- THOMAS): At the request of Mr. DODD, the name sion of the ability of plan participants S. 1970. A bill to designate the facil- of the Senator from Massachusetts or beneficiaries to direct investment ity of the United states Postal Service (Mr. KERRY) was added as a cosponsor away from equity securities of the plan located at 2829 Commercial Way in of S. 1617, a bill to amend the Work- sponsor. Rock Springs, Wyoming, as the ‘‘Teno force Investment Act of 1998 to in- At the request of Mr. HUTCHINSON, Roncalio Post Office Building’’; to the crease the hiring of firefighters, and for the names of the Senator from Wyo- Committee on Government Affairs. ming (Mr. ENZI) and the Senator from other purposes. Mr. ENZI. Mr. President, I rise to in- Kansas (Mr. ROBERTS) were added as S. 1651 troduce a bill to designate the facility cosponsors of S. 1969, supra. At the request of Mr. DORGAN, the of the United states Postal Service lo- name of the Senator from Pennsyl- S. RES. 185 cated at 2829 Commercial Way, Rock vania (Mr. SANTORUM) was added as a At the request of Mr. ALLEN, the Springs, WY, as the ‘‘Teno Roncalio cosponsor of S. 1651, a bill to establish name of the Senator from Pennsyl- Post Office Building.’’ I am joined by the United States Consensus Council to vania (Mr. SPECTER) was added as a co- my distinguished colleague from Wyo- sponsor of S. Res. 185, a resolution rec- provide for a consensus building proc- ming, Senator THOMAS in the introduc- ess in addressing national public policy ognizing the historical significance of tion of this bill. issues, and for other purposes. the 100th anniversary of Korean immi- Mr. Roncalio has served the great S. 1754 gration to the United States. State of Wyoming and this Nation with At the request of Mr. LEAHY, the S. RES. 206 honor and integrity throughout his name of the Senator from Delaware At the request of Mr. MURKOWSKI, the public and private career. The Wyo- (Mr. CARPER) was added as a cosponsor name of the Senator from Ohio (Mr. ming native was Wyoming’s first five- of S. 1754, a bill to authorize appropria- DEWINE) was added as a cosponsor of S. term Representative to the U.S. House tions for the United States Patent and Res. 206, a resolution designating the of Representatives during the 1960s and Trademark Office for fiscal years 2002 week of March 17 through March 23, 1970s, and served as a delegate to four through 2007, and for other purposes. 2002 as ‘‘National Inhalants and Poison democratic National Conventions. He S. 1850 Prevention Week.’’ was also selected to serve for two years At the request of Mr. CHAFEE, the S. RES. 211 as a national Democratic committee- name of the Senator from Rhode Island At the request of Ms. COLLINS, the man. (Mr. REED) was added as a cosponsor of names of the Senator from Massachu- Mr. Roncalio was named to the U.S. S. 1850, a bill to amend the Solid Waste setts (Mr. KENNEDY), the Senator from Army Officer Candidates Hall of Fame Disposal Act to bring underground New Jersey (Mr. TORRICELLI), the Sen- after having served in World War II and storage tanks into compliance with ator from North Dakota (Mr. DORGAN), participating in beachhead invasions in subtitle I of that Act, to promote the Senator from Michigan (Mr. Sicily and Normandy. Mr. Roncalio cleanup of leaking underground storage LEVIN), the Senator from North Dakota also received the Silver Star for gal- tanks, to provide sufficient resources (Mr. CONRAD), the Senator from South lantry in action for his service in for such compliance and cleanup, and Dakota (Mr. JOHNSON), the Senator North Africa, Italy, France, Central for other purposes. from Virginia (Mr. WARNER), the Sen- Europe, and Germany.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1253 Mr. Roncalio and I have worked on Committee with jurisdiction over both pany stock and into any other invest- some projects together, and just the the Internal Revenue Code, IRC, and ment offered by the plan. This change friendships he has made over the years parts of ERISA. The Code provides gen- gives maximum flexibility to the work- almost guarantees success. On several erous tax benefits to retirement plan er and will prevent the long holding pe- occasions, I have been pleased with his sponsors. In return for those tax pref- riods that some companies impose on willingness to share his opinions with erences, plans must be established and matching contributions in their own me based on his vast experience, com- maintained in accordance with the stock. mon sense, and desire to see the ‘‘right rules set out in the Internal Revenue An important exception to this rule thing’’ done. He has been a model and Code and in the Employee Retirement will apply to closely held corporations. mentor to many. Income Security Act of 1974, as amend- Because of the difficulty of valuing Mr. Roncalio has committed his life- ed, ERISA. stock in closely held corporations, time to public service, and I strongly The losses in the plans sponsored by under my bill, these rules will not encourage my colleagues to support recently bankrupted companies have apply to closely-held companies. This naming the Federal post office building prompted us to reconsider some of the bill also provides that a pure, ‘‘stand- in Rock springs, WY after Mr. Teno laws that govern retirement programs. alone’’ ESOP, one consisting solely of Roncalio in recognition of his long, dis- In particular, many have questioned now-elective contributions is not sub- tinguished career in Wyoming and na- whether plan participants should be ject to the new rule. tional politics. permitted to hold any company stock The current draft of the bill does not in their accounts, or only a limited include a long phase-in of the effective By Mr. GRASSLEY: amount of stock. Other questions have date for company stock currently allo- S. 1971. A bill to amend the Internal been raised about fiduciary obliga- cated to workers retirement accounts. Revenue Code of 1986 and the Employee tions, so-called ‘‘blackouts’’ and about Such a delayed effective date has been Retirement Income Security Act of information provided to workers. proposed in other legislation. However, 1974 to protect the retirement security For those in the business community I am open to such a recommendation, if of American workers by ensuring that who are alarmed about the large num- necessary. I encourage plan sponsors pension assets are adequately diversi- ber of proposals, including mine, mak- and practitioners to give me their fied and by providing workers with ade- ing changes to this area of the law, I thoughts on that issue. quate access to, and information about, would urge caution. This bill is not This legislation also provides new their pension plans, and for other pur- written in stone. Further refinements disclosure requirements. At the end of poses; to the Committee on Finance. will be made to it. I am introducing it 2001, Enron stopped participants from Mr. GRASSLEY. Mr. President, there today because the Finance Committee trading their investments while they has been a flurry of activity sur- will be holding a hearing on this issue changed plan administrators. Its stock rounding the bankruptcy of the Enron tomorrow. Barely three weeks there- was declining in value at this time, and Corporation. Part of the attention has after, Congress will be entering an- for a long period prior to the so-called focused on the company’s questionable other recess period. If the introduction ‘‘blackout’’. It is no surprise that while accounting practices and tax havens. of this bill is delayed, interested par- the plan was closed to trading, all indi- Another spotlight has been focused on ties will not have the time they need to cations are that the value of the stock the Enron retirement plans, particu- examine this proposal and give me continued to decline. It appears that larly its 401(k) plan. their views. Enron employees did receive a notice These are legitimate areas of inquiry. This bill gives workers new diver- prior to the transaction suspension pe- The same fact pattern in the case of sification rights on holdings of com- riod. But concerns have been raised Enron applies to Global Crossings, a pany stock in their accounts. Some that a statutory requirement for a no- company that was founded in 1997, legislative proposals have called for tice will help to protect participants in went public in 1998, sold shares worth caps on the amount of stock that can other plans from missing an oppor- $734 million before the company col- be dedicated by employers to workers’ tunity to change investments prior to lapsed just this year, pauperizing its 401(k) accounts through matching con- a transaction suspension period. I am workforce and investors. In both com- tributions or through gains on the inclined to agree. panies, executives were lining their value of company stock. I believe such Consequently, this bill will also im- pockets with gold while they were dup- an approach will discourage employers pose a requirement that plans provide ing investors and pillaging workers’ re- from giving stock to workers through 30-days advance notice of transaction tirement plans. The difference between their plan and could not be adminis- suspension periods, the so-called Enron and Global Crossing is merely tered except through the application of ‘‘blackouts’’. These are periods when one of scale. Enron was the seventh benefit wear-aways. During the cash participants are unable to change their largest company on the Fortune 500. balance pension plan debate, Congress investments. This change in law is Global Crossings was smaller but there found out just how unpopular benefit needed so that employees have the op- are eerie similarities, both between wear-aways are with plan participants. portunity to trade out of company these two bankruptcies, and the effect Some have also suggested that em- stock, or for that matter, any other in- they have had on the way we now view ployees should not be permitted to pur- vestment, before the beginning of a pension plan security. chase employer stock in their plans. blackout period. The bill does not limit Any company bankruptcy will inevi- They argue the need for a paternalistic the duration of a transaction suspen- tably harm workers, retirees and inves- government to save employees from sion period. Some companies to a re- tors. Some Enron employees, and some the ‘‘temptation’’ of investing in em- markable job in shortening the time of those at Global Crossing, invested ployer stock in their 401(k) plans. I do during which a plan is closed to trans- large amounts of their own money in not believe the government should actions, however, practitioners have company stock. In addition, both plans treat workers like children. American convinced me that it would be imprac- matched contributions made by the workers are intelligent, and when tical to limit these transaction suspen- workers with the, now worthless, com- armed with the right information, they sion periods given the number of vari- pany stock. Had the company’s finan- will exercise foresight and make deci- ables involved in reconciling accounts. cial statements correctly reflected the sions for the best interest of them- New disclosure requirements for so- value of its stock, neither the workers, selves and their families. called blackouts will be supplemented nor the investors would have purchased My approach does not discourage em- by better information regarding the the shares. Unfortunately, the finan- ployer matching contributions in com- value of plan benefits. I have long been cial statements of those two companies pany stock. Nor would it restrict a concerned that participants need bet- were at least, highly misleading and worker choice to invest in company ter information regarding their retire- very possibly fraudulent. stock. However, once the worker has ment. In the 105th Congress, I intro- The losses by retirement plan par- three years of service with the em- duced a bill with Senator BREAUX that ticipants are of concern to the Senate ployer, he or she should be permitted would impose a requirement for peri- Finance Committee because it is the to change investments out of the com- odic pension benefit statements.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1254 CONGRESSIONAL RECORD — SENATE February 27, 2002 Language on periodic benefit state- publicly traded employer securities (and strictions or conditions on the investment of ments was included again in a bill that earnings thereon) to which clause (i) does publicly traded employer securities which Senator BAUCUS and I introduced early not apply and which are allocated to his or are not imposed on the investment of other last year. While most of that bill was her account in any other investment option assets of the plan. offered under the plan, and ‘‘(3)(A) For purposes of this subsection, the enacted as the Economic Growth and ‘‘(iii) offers at least 3 investment options term ‘applicable individual account plan’ Revenue Reconciliation Act of 2001, (not inconsistent with regulations prescribed means any individual account plan which EGTRRA, Public Law 107–16, the re- by the Secretary). holds any publicly traded employer securi- quirement for periodic benefit state- ‘‘(B) CERTAIN RESTRICTIONS AND CONDITIONS ties. ments was ‘‘Byrded out’’. In other NOT ALLOWED.—A plan shall not meet the re- ‘‘(B) Such term does not include an em- words, it was dropped from the bill be- quirements of subparagraph (A) if the plan ployee stock ownership plan (within the cause it was revenue neutral and as imposes restrictions or conditions on the in- meaning of section 4975(e)(7) of the Internal vestment of publicly traded employer securi- such did not meet the rules governing Revenue Code of 1986) if— ties which are not imposed on the invest- ‘‘(i) there are no contributions to such plan a reconciliation measure. ment of other assets of the plan. This sub- (or earnings thereunder) which are held Because we did not enact that provi- paragraph shall not apply to any restrictions within such plan and subject to subsection sion in EGTRRA, the benefit state- or conditions imposed by reason of applica- (k)(3) or (m)(2) of section 401 of such Code, ments language has been replicated tion of securities laws. and here. Under this bill, participants will ‘‘(C) APPLICABLE DEFINED CONTRIBUTION ‘‘(ii) such plan is a separate plan (within be entitled to a quarterly statement PLAN.—For purposes of this paragraph— the meaning of section 414(l) of such Code) ‘‘(i) IN GENERAL.—The term ‘applicable de- with respect to any other defined benefit from their defined contribution plan, fined contribution plan’ means any defined such as a section 401(k) plan. If the plan or defined contribution plan maintained contribution plan which holds any publicly by the same employer or employers. workers also have a defined benefit traded employer securities. ‘‘(4) For purposes of this subsection— plan, they would be entitled to an esti- ‘‘(ii) EXCEPTION FOR CERTAIN ESOPS.—Such ‘‘(A) the term ‘publicly traded employer se- mated benefit statement once every term does not include an employee stock curities’ means employer securities which three years. ownership plan (within the meaning of sec- are readily tradable on an established securi- Included in the periodic benefit tion 4975(e)(7)) if— ties market, statements will be language designed ‘‘(I) there are no contributions to such plan ‘‘(B) the term ‘employer security’ has the (or earnings thereunder) which are held meaning given such term by section 407(d)(1), to alert workers to how much employer within such plan and are subject to sub- stock they hold in their accounts. Also and sections (k)(3) or (m)(2), and ‘‘(C) the term ‘year of service’ has the included will be information regarding ‘‘(II) such plan is a separate plan (within meaning given such term by section the importance to long-term retire- the meaning of section 414(l)) with respect to 203(b)(2).’’ ment security of participants of a well- any other defined benefit plan or defined (c) EFFECTIVE DATES.— balanced an diversified portfolio. This contribution plan maintained by the same (1) IN GENERAL.—The amendments made by information will encourage workers to employer or employers. this section shall apply to plan years begin- avoid over-concentration in employer ‘‘(D) OTHER DEFINITIONS.—For purposes of ning on or after January 1, 2003. this paragraph— (2) SPECIAL RULE FOR COLLECTIVELY BAR- securities and to periodically re-bal- ‘‘(i) PUBLICLY TRADED EMPLOYER SECURI- ance their portfolio. GAINED AGREEMENTS.—In the case of a plan TIES.—The term ‘publicly traded employer maintained pursuant to 1 or more collective Mr. President, I ask unanimous con- securities’ means employer securities which bargaining agreements between employee sent that the text of the bill and a are readily tradable on an established securi- representatives and 1 or more employers technical explanation be printed in the ties market. ratified on or before the date of the enact- RECORD. ‘‘(ii) EMPLOYER SECURITIES.—The term ‘em- ment of this Act, subsection (a) shall be ap- There being no objection, the mate- ployer securities’ has the meaning given plied to benefits pursuant to, and individuals rial was ordered to be printed in the such term by section 407(d)(1) of the Em- covered by, any such agreement by sub- ployee Retirement Income Security Act of RECORD, as follows: stituting for ‘‘January 1, 2003’’ the earlier 1974. of— S. 1971 ‘‘(iii) YEAR OF SERVICE.—The term ‘year of (A) the later of— Be it enacted by the Senate and House of Rep- service’ has the meaning given such term by (i) January 1, 2004, or resentatives of the United States of America in section 411(a)(5).’’ (ii) the date on which the last of such col- Congress assembled, (2) CONFORMING AMENDMENT.—Section lective bargaining agreements terminates SECTION 1. SHORT TITLE. 401(a)(28)(B) of such Code (relating to addi- (determined without regard to any extension This Act may be cited as the ‘‘National tional requirements relating to employee thereof after such date of enactment), or Employee Savings and Trust Equity Guar- stock ownership plans) is amended by adding (B) January 1, 2005. at the end the following new clause: antee Act’’. TITLE II—PROTECTION OF EMPLOYEES ‘‘(v) EXCEPTION.—This paragraph shall not TITLE I—DIVERSIFICATION OF PENSION apply to an applicable defined contribution DURING PENSION PLAN TRANSACTION PLAN ASSETS plan (as defined in paragraph (35)(C)).’’ SUSPENSION PERIOD SEC. 101. DEFINED CONTRIBUTION PLANS RE- (b) AMENDMENT OF ERISA.—Section 204 of SEC. 201. PROTECTION OF PARTICIPANTS OR QUIRED TO PROVIDE EMPLOYEES the Employee Retirement Income Security BENEFICIARIES FROM SUSPENSION WITH FREEDOM TO INVEST THEIR Act of 1974 (29 U.S.C. 1054) is amended by re- OF ABILITY TO DIVERSIFY PLAN AS- PLAN ASSETS. designating subsection (j) as subsection (k) SETS. (a) AMENDMENTS OF INTERNAL REVENUE and by adding at the end the following new (a) NOTICE REQUIREMENTS.— CODE.— subsection: (1) EXCISE TAX.— (1) QUALIFICATION REQUIREMENT.—Section ‘‘(j)(1) An applicable individual account (A) IN GENERAL.—Chapter 43 of the Internal 401(a) of the Internal Revenue Code of 1986 plan shall provide that— Revenue Code of 1986 (relating to qualified (relating to qualified pension, profit-sharing, ‘‘(A) a participant or beneficiary of a par- pension, etc., plans) is amended by adding at and stock bonus plans) is amended by insert- ticipant has the right at any time to invest the end the following new section: ing after paragraph (34) the following new any elective deferrals (and earnings thereon) ‘‘SEC. 4980G. FAILURE OF APPLICABLE PLANS TO paragraph: contributed to his or her account in the form PROVIDE NOTICE OF TRANSACTION ‘‘(35) DIVERSIFICATION REQUIREMENTS FOR of publicly traded employer securities in any SUSPENSION PERIOD. CERTAIN DEFINED CONTRIBUTION PLANS.— other investment option offered under the ‘‘(a) IMPOSITION OF TAX.—There is hereby ‘‘(A) IN GENERAL.—A trust which is part of plan, imposed a tax on the failure of any applica- an applicable defined contribution plan shall ‘‘(B) a participant with 3 or more years of ble defined contribution plan to meet the re- not be treated as a qualified trust unless the service and any beneficiary of a participant quirements of subsection (e) with respect to plan— has the right to invest any publicly traded any participant or beneficiary. ‘‘(i) provides that a participant or bene- employer securities (and earnings thereon) ‘‘(b) AMOUNT OF TAX.— ficiary of a participant has the right at any to which subparagraph (A) does not apply ‘‘(1) IN GENERAL.—The amount of the tax time to invest any elective deferrals (and and which are allocated to his or her account imposed by subsection (a) on any failure earnings thereon) contributed to his or her in any other investment option offered under with respect to any participant or bene- account in the form of publicly traded em- the plan, and ficiary shall be $100 for each day in the non- ployer securities in any other investment op- ‘‘(C) offers at least 3 investment options compliance period with respect to the fail- tion offered under the plan, (not inconsistent with regulations prescribed ure. ‘‘(ii) provides that a participant with 3 or by the Secretary). ‘‘(2) NONCOMPLIANCE PERIOD.—For purposes more years of service and any beneficiary of ‘‘(2) A plan shall not meet the require- of this section, the term ‘noncompliance pe- a participant has the right to invest any ments of paragraph (1) if the plan imposes re- riod’ means, with respect to any failure, the

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1255 period beginning on the date the failure first than 30 days before the beginning of the fore the beginning of the transaction suspen- occurs and ending on the date the notice to transaction suspension period. sion period. which the failure relates is provided or the ‘‘(B) EXCEPTIONS TO 30-DAY NOTICE.— ‘‘(B)(i) In the case of any transaction sus- failure is otherwise corrected. ‘‘(i) UNPLANNED EVENTS.—In the case of pension period which is imposed outside of ‘‘(c) LIMITATIONS ON AMOUNT OF TAX.— any transaction suspension period which is the control of a plan sponsor or adminis- ‘‘(1) TAX NOT TO APPLY WHERE FAILURE NOT imposed by reason of an event outside of the trator, subparagraph (A) shall not apply and DISCOVERED AND REASONABLE DILIGENCE EXER- control of a plan sponsor or administrator, the notice shall be furnished as soon as rea- CISED.—No tax shall be imposed by sub- subparagraph (A) shall not apply and the no- sonably possible under the circumstances. section (a) on any failure during any period tice shall be furnished as soon as reasonably ‘‘(ii) In the case of any transaction suspen- for which it is established to the satisfaction possible under the circumstances. sion period— of the Secretary that any person subject to ‘‘(ii) ACQUISITIONS, ETC.—In the case of any ‘‘(I) in connection with an acquisition or liability for tax under subsection (d) did not transaction suspension period— disposition to which section 410(b)(6)(C) of know that the failure existed and exercised ‘‘(I) in connection with an acquisition or the Internal Revenue Code of 1986 applies, or reasonable diligence to meet the require- disposition to which section 410(b)(6)(C) ap- ‘‘(II) due to such other circumstances spec- ments of subsection (e). plies, or ified by the Secretary of the Treasury, ‘‘(2) TAX NOT TO APPLY TO FAILURES COR- ‘‘(II) due to such other circumstances spec- the Secretary of the Treasury may provide RECTED AS SOON AS REASONABLY PRAC- ified by the Secretary, that subparagraph (A) shall not apply and TICABLE.—No tax shall be imposed by sub- the Secretary may provide that subpara- the notice shall be furnished at such time as section (a) on any failure if— graph (A) shall not apply and the notice the Secretary specifies. ‘‘(A) any person subject to liability for the shall be furnished at such time as the Sec- ‘‘(4) The notice required by paragraph (1) tax under subsection (d) exercised reasonable retary specifies. shall be in writing, except that such notice diligence to meet the requirements of sub- ‘‘(4) FORM AND MANNER OF NOTICE.—The no- may be in electronic or other form to the ex- section (e), and tice required by paragraph (1) shall be in tent that such form is reasonably accessible ‘‘(B) such person provides the notice de- writing, except that such notice may be in to the applicable individual. ‘‘(5)(A) For purposes of this subparagraph, scribed in subsection (e) as soon as reason- electronic or other form to the extent that the term ‘transaction suspension period’ ably practicable after the first date such per- such form is reasonably accessible to the ap- means a temporary or indefinite period of 2 son knew, or exercising reasonable diligence plicable individual. or more consecutive business days during should have known, that such failure ex- ‘‘(f ) DEFINITIONS AND SPECIAL RULES.—For which there is a substantial reduction (other isted. purposes of this section— than by reason of application of securities ‘‘(3) OVERALL LIMITATION FOR UNINTEN- ‘‘(1) APPLICABLE DEFINED CONTRIBUTION laws) in the rights of 1 or more participants TIONAL FAILURES.— PLAN.—The term ‘applicable defined con- or beneficiaries to direct investments in an ‘‘(A) IN GENERAL.—If the person subject to tribution plan’ means a defined contribution individual account plan. liability for tax under subsection (d) exer- plan which— ‘‘(B) For purposes of this paragraph, a day cised reasonable diligence to meet the re- ‘‘(A) is a qualified retirement plan (as de- shall not be treated as a business day to the quirements of subsection (e), the tax imposed fined in section 4974(c)), and extent that 1 or more established securities by subsection (a) for failures during the tax- ‘‘(B) permits a participant or beneficiary markets for trading securities are not open.’’ able year of the employer (or, in the case of to exercise control over assets in his or her (B) CIVIL PENALTIES FOR FAILURE TO PRO- a multiemployer plan, the taxable year of account. VIDE NOTICE.—Section 502 of such Act is the trust forming part of the plan) shall not ‘‘(2) TRANSACTION SUSPENSION PERIOD.— amended— exceed $500,000. For purposes of the preceding ‘‘(A) IN GENERAL.—The term ‘transaction (i) in subsection (a)(6), by striking ‘‘or (6)’’ sentence, all multiemployer plans of which suspension period’ means a temporary or in- and inserting ‘‘(6), or (7)’’; the same trust forms a part shall be treated definite period of 2 or more consecutive busi- (ii) by redesignating paragraph (7) of sub- as 1 plan. ness days during which there is a substantial section (c) as paragraph (8); and ‘‘(B) TAXABLE YEARS IN THE CASE OF CER- reduction (other than by reason of applica- (iii) by inserting after paragraph (6) of sub- TAIN CONTROLLED GROUPS.—For purposes of tion of securities laws) in the rights of 1 or section (c) the following new paragraph: more participants or beneficiaries to direct this paragraph, if all persons who are treated ‘‘(7) The Secretary may assess a civil pen- investments in a defined contribution plan. as a single employer for purposes of this sec- alty against any person of up to $100 a day ‘‘(B) BUSINESS DAY.—For purposes of this tion do not have the same taxable year, the from the date of the person’s failure or re- paragraph, a day shall not be treated as a taxable years taken into account shall be de- fusal to provide notice to participants and business day to the extent that 1 or more es- termined under principles similar to the beneficiaries in accordance with section tablished securities markets for trading se- principles of section 1561. 101(i). For purposes of this paragraph, each curities are not open.’’ ‘‘(4) WAIVER BY SECRETARY.—In the case of violation with respect to any single partici- (B) CLERICAL AMENDMENT.—The table of a failure which is due to reasonable cause pant or beneficiary, shall be treated as a sep- sections for chapter 43 of such Code is and not to willful neglect, the Secretary may arate violation.’’ amended by adding at the end the following waive part or all of the tax imposed by sub- (b) INAPPLICABILITY OF RELIEF FROM FIDU- new item: section (a) to the extent that the payment of CIARY LIABILITY DURING SUSPENSION OF ABIL- such tax would be excessive or otherwise in- ‘‘Sec. 4980G. Failure of applicable plans to ITY OF PARTICIPANT OR BENEFICIARY TO DI- equitable relative to the failure involved. provide notice of transaction RECT INVESTMENTS.—Section 404(c)(1) of such ‘‘(d) LIABILITY FOR TAX.—The following suspension period.’’ Act (29 U.S.C. 1104(c)(1)) is amended— shall be liable for the tax imposed by sub- (2) AMENDMENTS OF ERISA.— (1) in subparagraph (B), by inserting before section (a): (A) IN GENERAL.—Section 101 of the Em- the period the following: ‘‘, except that this ‘‘(1) In the case of a plan other than a mul- ployee Retirement Income Security Act of subparagraph shall not apply for any period tiemployer plan, the employer. 1974 (29 U.S.C. 11021) is amended by redesig- during which the ability of a participant or ‘‘(2) In the case of a multiemployer plan, nating the second subsection (h) as sub- beneficiary to direct the investment of as- the plan. section (j) and by inserting after the first sets in his or her individual account is sus- ‘‘(e) NOTICE OF TRANSACTION SUSPENSION subsection (h) the following new subsection: pended by a plan sponsor or fiduciary’’; and PERIOD.— ‘‘(i)(1) The plan administrator of an indi- (2) by adding at the end the following: ‘‘(1) IN GENERAL.—The plan administrator vidual account plan which permits a partici- ‘‘Any limitation or restriction that may gov- of an applicable defined contribution plan pant or beneficiary to exercise control over ern the frequency of transfers between in- shall provide notice of any transaction sus- assets in his or her account applies shall pro- vestment vehicles shall not be treated as a pension period to each participant or bene- vide notice of any transaction suspension pe- suspension referred to in subparagraph (B) to ficiary to whom the transaction suspension riod to each participant or beneficiary to the extent such limitation or restriction is period applies (and to any employee organi- whom the transaction suspension period ap- disclosed to participants or beneficiaries zation representing such participants). plies (and to any employee organization rep- through the summary plan description or ‘‘(2) NOTICE.—The notice required by para- resenting such participants). materials describing specific investment al- graph (1) shall be written in a manner cal- ‘‘(2) The notice required by paragraph (1) ternatives under the plan.’’ culated to be understood by the average plan shall be written in a manner calculated to be ‘‘(c) SAFE HARBOR GUIDANCE.—The Secretary participant and shall provide sufficient in- understood by the average plan participant of Labor, in consultation with the Secretary formation (as determined in accordance with and shall provide sufficient information (as of Treasury, shall, prior to December 31, 2002, rules or other guidance adopted by the Sec- determined in accordance with rules or other issue final regulations providing clear guid- retary) to allow applicable individuals to un- guidance adopted by the Secretary of the ance, including safe harbors, on how plan derstand the timing and effect of such trans- Treasury) to allow applicable individuals to sponsors or any other affected fiduciaries action suspension period. understand the timing and effect of such can satisfy their fiduciary responsibilities ‘‘(3) TIMING OF NOTICE.— transaction suspension period. during any period which the ability of a par- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(3)(A) Except as provided in subparagraph ticipant or beneficiary to direct the invest- subparagraph (B), the notice required by (B), the notice required by paragraph (1) ment of assets in his or her individual ac- paragraph (1) shall be provided not later shall be provided not later than 30 days be- count is suspended.’’

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(d) EFFECTIVE DATE.— ‘‘SEC. 4980H. FAILURE OF CERTAIN DEFINED ‘‘(A) to a plan participant at least once (1) IN GENERAL.—The amendments made by CONTRIBUTION PLANS TO PROVIDE each calendar quarter, and this section shall apply to plan years begin- REQUIRED QUARTERLY STATE- ‘‘(B) to a plan beneficiary upon written re- ning after December 31, 2002. MENTS. quest but no more frequently than once dur- ‘‘(a) IMPOSITION OF TAX.—There is hereby (2) EXCEPTIONS TO 30-DAY NOTICE.—The Sec- ing any 12-month period. imposed a tax on the failure of an applicable retary of the Treasury shall, no later than ‘‘(2) STATEMENT.— defined contribution plan to meet the re- 120 days after the date of the enactment of ‘‘(A) IN GENERAL.—A pension benefit state- quirements of subsection (e) with respect to this Act, specify the circumstances under ment under paragraph (1) shall indicate, on any participant or beneficiary. section 4980G(e)(3)(B)(ii) of the Internal Rev- the basis of the latest available informa- ‘‘(b) AMOUNT OF TAX.— enue Code of 1986 under which the 30-day no- tion— ‘‘(1) IN GENERAL.—The amount of the tax tice rule would not apply and the time by ‘‘(i) the total benefits accrued, and imposed by subsection (a) on any failure which the notice is required to be provided. ‘‘(ii) the nonforfeitable pension benefits, if with respect to any participant or bene- SEC. 202. CERTAIN SALES AND PURCHASES OF any, which have accrued, or the earliest date ficiary shall be $100 for each day in the non- COMPANY STOCK BY CORPORATE IN- on which benefits will become nonforfeit- compliance period with respect to the fail- SIDERS TO BE SUBJECT TO EXCISE able. TAX ON GOLDEN PARACHUTE PAY- ure. ‘‘(B) SPECIFIC INFORMATION.—A pension MENTS. ‘‘(2) NONCOMPLIANCE PERIOD.—For purposes benefit statement under paragraph (1) shall (a) IN GENERAL.—Section 4999 of the Inter- of this section, the term ‘noncompliance pe- include (together with the information re- nal Revenue Code of 1986 (relating to golden riod’ means, with respect to any failure, the quired in subparagraph (A))— parachute payments) is amended by redesig- period beginning on the date the failure first ‘‘(i) the value of any assets held in the nating subsection (c) as subsection (d) and by occurs and ending on the date the statement form of employer securities, without regard inserting after subsection (b) the following to which the failure relates is provided or to whether such securities were contributed new subsection: the failure is otherwise corrected. by the plan sponsor or acquired at the direc- ‘‘(c) CERTAIN SALES OF COMPANY STOCK BY ‘‘(c) LIMITATIONS ON AMOUNT OF TAX.— tion of the plan or of the participant or bene- CORPORATE INSIDERS.— ‘‘(1) TAX NOT TO APPLY WHERE FAILURE NOT ficiary, and an explanation of any limita- ‘‘(1) TREATMENT AS EXCESS PARACHUTE PAY- DISCOVERED AND REASONABLE DILIGENCE EXER- tions or restrictions on the right of the par- MENT.— CISED.—No tax shall be imposed by sub- ‘‘(A) IN GENERAL.—For purposes of this sec- section (a) on any failure during any period ticipant or beneficiary to direct an invest- tion, if there is a sale or exchange, or pur- for which it is established to the satisfaction ment; and chase, of stock in a corporation by a cor- of the Secretary that any person subject to ‘‘(ii) an explanation of the importance, for porate insider during any period in which a liability for tax under subsection (d) did not the long-term retirement security of partici- transaction suspension period affecting the know that the failure existed and exercised pants and beneficiaries, of a well-balanced ability of participants and beneficiaries to reasonable diligence to meet the require- and diversified investment portfolio, includ- invest stock in such corporation is in effect ments of subsection (e). ing a discussion of the risk of holding sub- stantial portions of a portfolio in the secu- with respect to a defined contribution plan— ‘‘(2) TAX NOT TO APPLY TO FAILURES COR- rity of any one entity, such as employer se- ‘‘(i) to which section 401(a) (28) or (35) ap- RECTED WITHIN 30 DAYS.—No tax shall be im- plies, and posed by subsection (a) on any failure if— curities. ‘‘(ii) which is maintained by such corpora- ‘‘(A) any person subject to liability for the ‘‘(3) MANNER OF STATEMENT.—A pension tion (or any other entity consolidated with tax under subsection (d) exercised reasonable benefit statement under paragraph (1)— such corporation for purposes of reporting to diligence to meet the requirements of sub- ‘‘(A) shall be written in a manner cal- the Securities and Exchange Commission), section (e), and culated to be understood by the average plan any amount realized by the corporate insider ‘‘(B) such person provides the statement participant, and on such sale or exchange (or the purchase described in subsection (e) during the 30-day ‘‘(B) may be provided in written, elec- price in the case of a purchase) shall be period beginning on the first date such per- tronic, or other appropriate form. ‘‘(f) APPLICABLE DEFINED CONTRIBUTION treated as an excess parachute payment. son knew, or exercising reasonable diligence PLAN.—For purposes of this section, the ‘‘(B) LIMITATION.—Subparagraph (A) shall should have known, that such failure ex- term ‘applicable defined contribution plan’ only apply to stock acquired by an indi- isted. means a defined contribution plan which— vidual by reason of the individual’s employ- ‘‘(3) OVERALL LIMITATION FOR UNINTEN- ‘‘(1) is a qualified retirement plan (as de- ment with the corporation or by reason of TIONAL FAILURES.— fined in section 4974(c)), and any other relationship with the corporation ‘‘(A) IN GENERAL.—If the person subject to ‘‘(2) permits a participant or beneficiary to that makes the individual a corporate in- liability for tax under subsection (d) exer- exercise control over assets in his or her ac- sider. cised reasonable diligence to meet the re- count.’’ ‘‘(2) APPLICATION TO OTHER INSTRUMENTS.— quirements of subsection (e), the tax imposed (2) CLERICAL AMENDMENT.—The table of For purposes of paragraph (1)— by subsection (a) for failures during the tax- sections for chapter 43 of such Code is ‘‘(A) any sale or exchange, or purchase, of able year of the employer (or, in the case of amended by adding at the end the following an option, warrant, or other derivative of a multiemployer plan, the taxable year of new item: stock in a corporation, the trust forming part of the plan) shall not ‘‘(B) any transaction involving the exercise exceed $500,000. For purposes of the preceding ‘‘Sec. 4980H. Failure of certain defined con- of an option, warrant, or other derivative of sentence, all multiemployer plans of which tribution plans to provide re- stock in a corporation, or the same trust forms a part shall be treated quired quarterly statements.’’ ‘‘(C) any similar transaction, as 1 plan. (b) AMENDMENTS OF ERISA.— shall be treated in the same manner as a ‘‘(B) TAXABLE YEARS IN THE CASE OF CER- (1) IN GENERAL.—Section 105(a) of the Em- transaction involving the sale or exchange, TAIN CONTROLLED GROUPS.—For purposes of ployee Retirement Income Security Act of or purchase, of stock. this paragraph, if all persons who are treated 1974 (29 U.S.C. 1025(a)) is amended to read as ‘‘(3) CORPORATE INSIDER.—For purposes of as a single employer for purposes of this sec- follows: this subsection, the term ‘corporate insider’ tion do not have the same taxable year, the ‘‘(a)(1)(A) The administrator of an indi- means, with respect to a corporation, any in- taxable years taken into account shall be de- vidual account plan shall furnish a pension dividual who is subject to the requirements termined under principles similar to the benefit statement— of section 16(a) of the Securities Exchange principles of section 1561. ‘‘(i) to a plan participant at least once an- Act of 1934 with respect to such corporation. ‘‘(4) WAIVER BY SECRETARY.—In the case of nually (each calendar quarter in the case of ‘‘(4) TRANSACTION SUSPENSION PERIOD.—The a failure which is due to reasonable cause an applicable individual account plan), and term ‘transaction suspension period’ has the and not to willful neglect, the Secretary may ‘‘(ii) to a plan beneficiary upon written re- meaning given such term by section waive part or all of the tax imposed by sub- quest. 4980G(f)(2).’’ section (a) to the extent that the payment of ‘‘(B) The administrator of a defined benefit (b) EFFECTIVE DATE.—The amendments such tax would be excessive or otherwise in- plan shall furnish a pension benefit state- made by this section shall apply to sales and equitable relative to the failure involved. ment— exchanges after the 120th day after the date ‘‘(d) LIABILITY FOR TAX.—The following ‘‘(i) at least once every 3 years to each par- of the enactment of this Act. shall be liable for the tax imposed by sub- ticipant with a nonforfeitable accrued ben- TITLE III—PROVIDING OF INFORMATION section (a): efit who is employed by the employer main- TO ASSIST PARTICIPANTS ‘‘(1) In the case of a plan other than a mul- taining the plan at the time the statement is SEC. 301. PERIODIC PENSION BENEFITS STATE- tiemployer plan, the employer. furnished to participants, and MENTS. ‘‘(2) In the case of a multiemployer plan, ‘‘(ii) to a participant or beneficiary of the (a) EXCISE TAX.— the plan. plan upon written request. (1) IN GENERAL.—Chapter 43 of the Internal ‘‘(e) REQUIREMENT TO PROVIDE QUARTERLY Information furnished under subparagraph Revenue Code of 1986 (relating to qualified STATEMENTS.— (B) to a participant (other than at the re- pension, etc., plans), as amended by this Act, ‘‘(1) IN GENERAL.—The administrator of an quest of the participant) may be based on is amended by adding at the end the fol- applicable defined contribution plan shall reasonable estimates determined under regu- lowing new section: furnish a pension benefit statement— lations prescribed by the Secretary.

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‘‘(2)(A) A pension benefit statement under TECHNICAL EXPLANATION OF S. 1971 posed on the employer or, in the case of a paragraph (1)— DIVERSIFICATION OF PENSION PLAN ASSETS multiemployer plan, on the plan. No excise ‘‘(i) shall indicate, on the basis of the lat- tax is imposed during any period during The bill amends the Internal Revenue Code est available information— which any person subject to liability for the to require a qualified defined contribution ‘‘(I) the total benefits accrued, and tax did not know that the failure existed and plan invested in publicly-traded employer se- ‘‘(II) the nonforfeitable pension benefits, if exercised reasonable diligence to meet the curities to provide participants with the any, which have accrued, or the earliest date notice requirement. right to diversify their investment in em- on which benefits will become nonforfeit- In addition, no excise tax is imposed to the ployer securities. A participant must be pro- able, extent that a person subject to liability for vided with the immediate right to reinvest ‘‘(ii) shall be written in a manner cal- the tax exercised reasonable diligence and elective deferrals that are invested in em- culated to be understood by the average plan actually provided notice as soon as reason- ployer securities. In addition, the partici- participant, and ably practicable after the first date such per- pant must be provided with the right to in- ‘‘(iii) may be provided in written, elec- son knew, or exercising reasonable diligence vest employer contributions that are in- tronic, telephonic, or other appropriate should have known, that such failure ex- vested in employer securities once the par- form. isted. For a person who exercised reasonable ticipant has 3 or more years of service. diligence, the tax is limited to no more than ‘‘(B) In the case of an applicable individual The participant must be permitted to rein- $500,000 for the failures during a taxable account plan, the pension benefit statement vest employer securities allocated to the year. Finally, the Secretary may waive all or under paragraph (1) shall include (together participant’s account in any other invest- part of any tax that would otherwise be im- with the information required in subpara- ment option currently available to employ- posed to the extent that payment of the tax graph (A))— ees, and the plan must provide at least 3 al- would be excessive or otherwise inequitable. ‘‘(i) the value of any assets held in the ternative investment options. These diver- form of employer securities, without regard sification rights are also extended to any Inapplicability of relief from fiduciary liability to whether such securities were contributed beneficiary of a participant. during transaction suspension period by the plan sponsor or acquired at the direc- A plan will fail to comply with this re- The provisions of ERISA that limit fidu- tion of the plan or of the participant or bene- quirement if the ability of participants to di- ciary liability during periods when a partici- ficiary, and an explanation of any limita- versify their investment in employer securi- pant or beneficiary exercises control over as- tions or restrictions on the right of the par- ties is restricted under the plan or in prac- sets in his account would be amended to ticipant or beneficiary to direct an invest- tice. For example, a plan will not comply clarify that this limit does not apply during ment, and with this requirement if it provides for diver- any transaction suspension period. ‘‘(ii) an explanation of the importance, for sification of investment in employer securi- Trading in company stock by corporate insiders the long-term retirement security of partici- ties, but also provides for a reduced match- subject to excise tax pants and beneficiaries, of a well-balanced ing contribution for any participant who in- Under the bill, a corporate insider is sub- and diversified investment portfolio, includ- vests any employer securities in another in- ject to a 20% excise tax on any acquisition, ing a discussion of the risk of holding sub- vestment option. The bill also amends disposition, or similar transaction involving stantial portions of a portfolio in the secu- ERISA by adding this diversification re- any employer securities during any trans- rity of any 1 entity, such as employer securi- quirement to section 204. action suspension period that affects invest- ties. These diversification requirements do not ment in employer securities with respect to ‘‘(C) For purposes of this subsection, the apply to an ESOP that provides only for non- which notice must be provided to any plan term ‘applicable individual account plan’ elective employer contributions and is sepa- participant or beneficiary. means an individual account plan to which rate from any other qualified plan main- The excise tax is calculated based on the section 404(c) applies. tained by the same employer. These ESOPs amount realized by the insider in any sale or ‘‘(3)(A) In the case of a defined benefit continue to be subject to the diversification other disposition or the fair market value of plan, the requirements of paragraph (1)(B)(i) requirements in effect under section securities acquired by the insider during the shall be treated as met with respect to a par- 401(a)(28) of the Code. transaction suspension period. For this pur- ticipant if the administrator provides the PROTECTION OF EMPLOYEES DURING PENSION pose, ‘‘corporate insiders’’ are individuals participant at least once each year with no- PLAN TRANSACTION SUSPENSION PERIODS subject to the requirements of section 16(a) tice of the availability of the pension benefit Notice of transaction suspension periods of the Securities Exchange Act of 1934 with respect to the corporation. statement and the ways in which the partici- The bill requires that participants and pant may obtain such statement. Such no- beneficiaries who are permitted to direct the PROVIDING OF INFORMATION TO ASSIST tice shall be provided in written, electronic, investment of their accounts in a qualified PARTICIPANTS telephonic, or other appropriate form, and defined contribution plan must be notified Periodic pension benefit statements may be included with other communications by the plan administrator of any ‘‘trans- The bill amends ERISA to require the plan to the participant if done in a manner rea- action suspension period’’ no later than 30 administrator of a qualified defined con- sonably designed to attract the attention of days before the transaction suspension pe- tribution plan to provide participants with the participant. riod begins. benefit statements at least annually, except ‘‘(B) The Secretary may provide that years A transaction suspension period is any that benefit statements must be provided at in which no employee or former employee temporary or indefinite period of 2 or more least quarterly to participants who have the benefits (within the meaning of section business days during which there is a sub- ability to direct the investment of their ac- 410(b) of the Internal Revenue Code of 1986) stantial reduction in the rights of partici- count in the plan. These statements must under the plan need not be taken into ac- pant or beneficiaries to direct investments provide information on (i) the fair market count in determining the 3-year period under (other than by reason of the application of value of assets in the participant’s account, paragraph (1)(B)(i).’’ securities laws). The notice must provide (ii) the portion of the assets which are non- (c) CONFORMING AMENDMENTS.— sufficient information to allow affected par- forfeitable and the earliest date on which as- (1) Section 105 of the Employee Retirement ticipants and beneficiaries to understand the sets not nonforfeitable become so, (iii) the Income Security Act of 1974 (29 U.S.C. 1025) is timing and effect of the transaction suspen- percentage (if any) which the fair market amended by striking subsection (d). sion period and must be written in a manner value of employer securities bears to the fair (2) Section 105(b) of such Act (29 U.S.C. calculated to be understood by the average market value of assets in the account, and 1025(b)) is amended to read as follows: plan participant. (iv) a reminder of the importance of having The notice may be provided in writing or ‘‘(b) In no case shall a participant or bene- diversified investments of assets in the plan through an electronic or other form reason- ficiary of a plan be entitled to more than 1 and other plans of the employer in which the ably accessible to the affected participants statement described in subsection (a)(1) individual is also a participant. In addition, and beneficiaries. These requirements are (A)(ii) or (B)(ii), whichever is applicable, in statements must be provided to plan bene- not violated if 30-days notice could not be any 12-month period.’’ ficiaries at least annually, if requested in provided because of events outside of the writing. (d) MODEL STATEMENTS.—The Secretary of control of the plan sponsor or administrator, The bill also amends ERISA to require Labor shall develop 1 or more model benefit provided that notice is provided as soon as is that the administrator of a qualified defined statements, written in a manner calculated reasonably possible under the circumstances. benefit plan provide a benefit statement at to be understood by the average plan partici- This exception to the 30-day requirement least every 3 years to a participant with a pant, that may be used by plan administra- also applies, to the extent permitted in guid- nonforfeitable accrued benefit who is em- tors in complying with the requirements of ance by the Secretary, in other appropriate ployed by the employer maintaining the plan section 4980H of the Internal Revenue Code situations such as acquisitions or disposi- at the time the statement is furnished. A of 1986 and section 105 of the Employee Re- tions. statement is also required to be provided to tirement Income Security Act of 1974. The bill also imposes an excise tax of $100 any participant or beneficiary upon written (e) EFFECTIVE DATE.—The amendments a day on the failure of a qualified defined request. made by this section shall apply to plan contribution plan to provide notice to a par- This benefit statement must provide infor- years beginning after December 31, 2003. ticipant or beneficiary. The excise tax is im- mation on the total benefits accrued, the

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1258 CONGRESSIONAL RECORD — SENATE February 27, 2002 nonforfeitable pension benefits, if any, which These amendments are important to to be proposed to the bill (S. 565) to es- have accrued, or the earliest date on which allowing AMVETS to continue its tablish the Commission on Voting benefits will become nonforfeitable. The strong tradition of serving veterans. I Rights and Procedures to study and statement must be written in a manner cal- am proud to offer them my assistance, make recommendations regarding elec- culated to be understood by the average plan participant and may be provided in writing and I ask that my colleagues act quick- tion technology, voting, and election or in electronic or other form reasonably ac- ly to accommodate these small administration, to establish a grant cessible by the participant. changes. program under which the Office of Jus- The information provided in a defined ben- I ask unanimous consent that the tice Programs and the Civil Rights Di- efit plan statement, other than a statement text of the bill be printed in the vision of the Department of Justice requested by a plan participant, may be RECORD. shall provide assistance to States and based on reasonable estimates. The require- There being no objection, the bill was localities in improving election tech- ment to provide a defined benefit plan state- nology and the administration of Fed- ment is met if the plan notifies participants ordered to be printed in the RERCORD, annually of the availability of a statement as follows: eral elections, to require States to and information on how the participant can S. 1972 meet uniform and nondiscriminatory obtain a statement. Be it enacted by the Senate and House of Rep- election technology and administra- The bill also imposes an excise tax of $100 resentatives of the United States of America in tion requirements for the 2004 Federal a day during a period of noncompliance with Congress assembled, elections, and for other purposes; as the requirement that quarterly benefit state- SECTION 1. AMENDMENTS TO AMVETS CHARTER. follows: ments be provided to participants who have (a) NAME OF ORGANIZATION.—(1) Sections At the end, add the following: the right to direct investment of their ac- 22701(a) and 22706 of title 36, United States SEC. . SIGNATURE VERIFICATION PROGRAMS. count. The excise tax is imposed on the em- Code, are amended by striking ‘‘AMVETS Notwithstanding any other provision of ployer or, in the case of a multiemployer (American Veterans of World War II, Korea, this Act, a State may use a signature plan, on the plan. No excise tax is imposed and Vietnam)’’ and inserting ‘‘AMVETS verification or affirmation program to meet during any period during which any person (American Veterans)’’. the requirements of section 103(b) relating to subject to liability for the tax did not know (2)(A) The heading of chapter 227 of such the verification of the identity of individuals that the failure existed and exercised reason- title is amended to read as follows: who register to vote by mail only if the At- able diligence to meet the notice require- torney General certifies that less than one- ‘‘CHAPTER 227—AMVETS (AMERICAN ment. half of 1 percent of votes cast in the 2 most VETERANS)’’. In addition, no excise tax is imposed to the recent elections for Federal office were cast extent that a person subject to liability for (B) The item relating to such chapter in by voters who were not eligible to vote under the tax exercised reasonable diligence and the table of chapters at the beginning of sub- the law of such State. actually provided notice as soon as reason- title II of such title is amended to read as ably practicable after the first date such per- follows: SA 2941. Mr. DASCHLE submitted an son knew, or exercising reasonable diligence ‘‘227. AMVETS (American veterans) .. 22701’’. amendment intended to be proposed by should have known, that such failure ex- (b) GOVERNING BODY.—Section 22704(c)(1) of him to the bill S. 565, to establish the isted. For a person who exercised reasonable Commission on Voting Rights and Pro- diligence, the tax is limited to no more than such title is amended by striking ‘‘seven na- $500,000 for the failures during a taxable tional vice commanders’’ and all that follows cedures to study and make rec- year. Finally, the Secretary may waive all or through ‘‘a judge advocate,’’ and inserting ommendations regarding election tech- part of any tax that would otherwise be im- ‘‘two national vice commanders, a finance nology, voting, and election adminis- posed to the extent that payment of the tax officer, a judge advocate, a chaplain, six na- tration, to establish a grant program would be excessive or otherwise inequitable. tional district commanders,’’. under which the Office of Justice Pro- (c) HEADQUARTERS AND PRINCIPAL PLACE OF EFFECTIVE DATE grams and the Civil Rights Division of BUSINESS.—Section 22708 of such title is The provisions of the bill would be effec- amended— the Department of Justice shall pro- tive for plan years beginning on or after Jan- (1) by striking ‘‘the District of Columbia’’ vide assistance to States and localities uary 1, 2003, except that the provisions re- in the first sentence and inserting ‘‘Mary- in improving election technology and lated to the provision of benefit statements land’’; and the administration of Federal elec- would be effective for plan years beginning (2) by striking ‘‘the District of Columbia’’ tions, to require States to meet uni- after December 31, 2003. The bill provides a in the second sentence and inserting ‘‘Mary- form and nondiscriminatory election transition period for compliance with the di- land’’. versification requirements for plans main- technology and administration require- tained pursuant to collective bargaining AMENDMENTS SUBMITTED AND ments for the 2004 Federal elections, agreements. PROPOSED and for other purposes; which was or- dered to lie on the table; as follows: By Mr. ROCKEFELLER: SA 2940. Mr. BOND proposed an amend- ment to amendment SA 2937 submitted by Beginning on page 18, line 8, strike through S. 1972. A bill to amend the charter of Mr. SCHUMER and intended to be proposed to page 19, line 24, and insert the following: the AMVETS organization; to the Com- the bill (S. 565) to establish the Commission (b) REQUIREMENTS FOR VOTERS WHO REG- mittee on the Judiciary. on Voting Rights and Procedures to study ISTER BY MAIL.— Mr. ROCKEFELLER. Mr. President, and make recommendations regarding elec- (1) IN GENERAL.—Notwithstanding section today I introduce legislation on behalf tion technology, voting, and election admin- 6(c) of the National Voter Registration Act of American Veterans of World War II, istration, to establish a grant program under of 1993 (42 U.S.C. 1973gg–4(c)) and subject to paragraphs (3) and (4), a State shall, in a uni- Korea, and Vietnam, AMVETS, a non- which the Office of Justice Programs and the Civil Rights Division of the Department of form and nondiscriminatory manner, require profit veterans service organization an individual to meet the requirements of chartered by Congress in 1947, which Justice shall provide assistance to States and localities in improving election tech- paragraph (2) if— boasts approximately 250,000 members. nology and the administration of Federal (A) the individual has registered to vote in Formed in the years immediately fol- elections, to require States to meet uniform a jurisdiction by mail; and lowing World War II, AMVETS has and nondiscriminatory election technology (B) the individual has not previously voted served America’s veterans for more and administration requirements for the 2004 in an election for Federal office in that than 50 years. Federal elections, and for other purposes. State. This bill would amend the AMVETS’ SA 2941. Mr. DASCHLE submitted an (2) REQUIREMENTS.— amendment intended to be proposed by him (A) IN GENERAL.—An individual meets the congressional charter in three ways. requirements of this paragraph if the indi- First, it would change AMVETS’ offi- to the bill S. 565, supra; which was ordered to lie on the table. vidual— cial name from ‘‘American Veterans of SA 2942. Mr. DASCHLE submitted an (i) in the case of an individual who votes in World War II, Korea, and Vietnam’’ to amendment intended to be proposed by him person— simply ‘‘American Veterans,’’ in order to the bill S. 565, supra; which was ordered to (I) presents to the appropriate State or to more accurately reflect the group’s lie on the table. local election official a current and valid photo identification; membership; second, it would amend f the charter to reflect long-standing or- (II) presents to the appropriate State or TEXT OF AMENDMENTS local election official a copy of a current ganizational changes; and finally, it utility bill, bank statement, Government would recognize the change of address SA 2940. Mr. BOND proposed an check, paycheck, or other Government docu- for AMVETS’ headquarters from Wash- amendment to amendment SA 2937 sub- ment that shows the name and address of the ington, DC, to Lanham, MD. mitted by Mr. SCHUMER and intended voter;

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1259 (III) provides written affirmation on a form The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without provided by the appropriate State or local objection, it is so ordered. objection, it is so ordered. election official of the individual’s identity; COMMITTEE ON FOREIGN RELATIONS COMMITTEE ON HEALTH, EDUCATION, LABOR, or AND PENSIONS (IV) provides a signature or personal mark Mr. REID. Mr. President, I ask unan- for matching with the signature or personal imous consent that the Committee on Mr. REID. Mr. President, I ask unan- mark of the individual on record with a Foreign Relations be authorized to imous consent that the Committee on State or local election official; or meet during the session of the Senate Health, Education, Labor, and Pen- (ii) in the case of an individual who votes on Wednesday, February 27, 2002, at 10 sions be authorized to meet for a hear- by mail, submits with the ballot— a.m., to hold a hearing titled, ‘‘Now Do ing on Workplace Safety and Health for (I) a copy of a current and valid photo We Promote Democratization, Poverty Immigration and Low Wage Workers identification; during the session of the Senate on (II) a copy of a current utility bill, bank Alleviation, and Human Rights To statement, Government check, paycheck, or Build a More Secure Future?’’ Wednesday, February 27, 2002, at 2 p.m. The PRESIDING OFFICER. Without other Government document that shows the Agenda name and address of the voter; or objection, it is so ordered. (III) provides a signature or personal mark Witnesses: The Honorable Madeleine COMMITTEE ON INDIAN AFFAIRS for matching with the signature or personal Albright, former Secretary of State, Mr. REID. Mr. President, I ask unan- mark of the individual on record with a Chairman, National Democratic Insti- imous consent that the Committee on State or local election official. tute, Washington, DC, and the Honor- Indian Affairs be authorized to meet on (B) PROVISIONAL VOTING.—An individual able Richard N. Perle, former Assistant who desires to vote in person, but who does Wednesday, February 27, 2002, at 2 p.m., Secretary of Defense for International in room 106 of the Dirksen Senate not meet the requirements of subparagraph Security, Resident Fellow, American (A)(i), may cast a provisional ballot under Building to conduct a hearing on the section 102(a). Enterprise Institute, Washington, DC. rulings of the U.S. Supreme Court af- (3) IDENTITY VERIFICATION BY SIGNATURE OR The PRESIDING OFFICER. Without fecting tribal governments powers and PERSONAL MARK.—In lieu of the requirements objection, it is so ordered. authorities. of paragraph (1), a State may require each COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without individual described in such paragraph to Mr. REID. Mr. President, I ask unan- objection, it is so ordered. provide a signature or personal mark for the imous consent that the Committee on purpose of matching such signature or mark COMMITTEE ON THE JUDICIARY with the signature or personal mark of that Foreign Relations be authorized to Mr. REID. Mr. President, I ask unan- individual on record with a State or local meet during the session of the Senate imous consent that the Committee on election official. on Wednesday, February 27, 2002, at 2:15 the Judiciary be authorized to meet to SA 2942. Mr. DASCHLE submitted an p.m., to hold a hearing titled, ‘‘U.S. conduct a hearing on ‘‘Sovereign Im- amendment intended to be proposed by Funding for the UN Population Fund: munity and the Protection of Intellec- him to the bill S. 565, to establish the The Effect on Women’s Lives.’’ tual Property’’ on Wednesday, Feb- Commission on Voting Rights and Pro- Agenda ruary 27, 2002, at 10 a.m., in Dirksen cedures to study and make rec- room 226. ommendations regarding election tech- Witnesses nology, voting, and election adminis- Panel 1: Mr. Arthur E. ‘‘Gene’’ Revised Witness List tration, to establish a grant program Dewey, Assistant Secretary, Bureau of Panel I: James E. Rogan, Under Sec- under which the Office of Justice Pro- Population, Refugees, and Migration, retary of Commerce for Intellectual grams and the Civil Rights Division of Department of State, Washington, DC. Property, Director of the U.S. Patent the Department of Justice shall pro- Panel 2: The Honorable Nicolas H. and Trademark Office, Washington, vide assistance to States and localities Biegman, former Ambassador of the DC; and Marybeth Peters, Register of in improving election technology and Netherlands to NATO, Amsterdam, the Copyrights, U.S. Copyright Office, the administration of Federal elec- Netherlands; Mrs. Phyllis E. Oakley, Washington, DC. tions, to require States to meet uni- Former Assistant Secretary of State Panel II: Michael K. Kirk, Executive form and nondiscriminatory election for Intelligence and Research, Former Director, American Intellectual Prop- technology and administration require- Assistant Secretary of State for Popu- erty Law Association, Arlington, Vir- ments for the 2004 Federal elections, lation, Refugees, and Migration, Ad- ginia; Keith Shraad, Western Regional and for other purposes; which was or- junct Professor, Johns Hopkins Univer- Director, National Information Consor- dered to lie on the table; as follows: sity, Washington, DC; Ms. Josephine tium, Lawrence, Kansas; William E. On page 68, strike lines 19 and 20, and in- Guy, Director of Governmental Affairs, Thro, General Counsel, Christopher sert the following: America 21, Louisville, KY; and Dr. Newport University, Newport News, ‘‘(a) IN GENERAL.—Nothing in this Act may Nicholas Eberstadt, Henry Wendt Chair Virginia; and Paul Bender, Professor, be construed to authorize’’. in Political Economy, American Enter- Arizona State University College of f prise Institute, Washington, DC. Law, Counsel to Meyer & Klipper, AUTHORITY FOR COMMITTEES TO The PRESIDING OFFICER. Without PLLC, Washington, DC. MEET objection, it is so ordered. The PRESIDING OFFICER. Without COMMITTEE ON BANKING, HOUSING, AND UNION COMMITTEE ON GOVERNMENTAL AFFAIRS objection, it is so ordered. AFFAIRS Mr. REID. Mr. President, I ask unan- COMMITTEE ON SMALL BUSINESS AND Mr. REID. Mr. President, I ask unan- imous consent that the Committee on ENTREPRENEURSHIP imous consent that the Committee on Governmental Affairs be authorized to Mr. REID. Mr. President, I ask unan- Banking, Housing, and Urban Affairs meet on Wednesday, February 27, 2002, imous consent that the Committee on be authorized to meet during the ses- at 9:30 a.m., to hold a hearing entitled Small Business and Entrepreneurship sion of the Senate on Wednesday, Feb- ‘‘The Watchdogs Didn’t Bark: Enron be authorized to meet during the ses- ruary 27, 2002, at 10 a.m., to conduct an and the Wall Street Analysts.’’ sion of the Senate for a hearing regard- oversight hearing on ‘‘Corporate Gov- The PRESIDING OFFICER. Without ing the U.S. Small Business Adminis- ernance.’’ objection, it is so ordered. tration’s Fiscal Year 2003 Budget and The PRESIDING OFFICER. Without COMMITTEE ON HEALTH, EDUCATION, LABOR, other matters on Wednesday, February objection, it is so ordered. AND PENSIONS 27, 2002, beginning at 9 a.m., in room COMMITTEE ON FINANCE Mr. REID. Mr. President, I ask unan- 428A of the Russell Senate Office Build- Mr. REID. Mr. President, I ask unan- imous consent that the Committee on ing. imous consent that the Committee on Health, Education, Labor, and Pen- The PRESIDING OFFICER. Without Finance be authorized to meet during sions be authorized to meet for a hear- objection, it is so ordered. the session of the Senate on Wednes- ing on Employment Non-Discrimina- COMMITTEE ON VETERANS’ AFFAIRS day, February 27, 2002, at 2 p.m., to tion Act, ENDA, during the session of Mr. REID. Mr. President, I ask unan- hear testimony on ‘‘Retirement Secu- the Senate on Wednesday, February 27, imous consent that the Committee on rity: Picking up the Enron Pieces.’’ 2002, at 10 a.m. Veterans’ Affairs be authorized to meet

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1260 CONGRESSIONAL RECORD — SENATE February 27, 2002 during the session of the Senate on The PRESIDING OFFICER. The EXECUTIVE SESSION Wednesday, February 27, 2002, for a clerk will report the bill by title. joint hearing with the House of Rep- The senior assistant bill clerk read as resentatives’ Committee on Veterans follows: EXECUTIVE CALENDAR Affairs, to hear the legislative presen- A bill (H.R. 2356) to amend the Federal Mr. REID. Mr. President, I ask unan- tations of the Disabled American Vet- Election Campaign Act of 1971 to provide bi- imous consent that the Senate proceed erans and the Veterans of Foreign partisan campaign reform. to executive session to consider Cal- Wars. Mr. REID. Mr. President, I ask unan- endar Nos. 699, 700, and 701, and the The hearing will take place in room imous consent that H.R. 2356 be read nominations placed on the Secretary’s 345 of the Cannon House Office Building for a second time, and I would object to desk; that the nominations be con- at 9:30 a.m. any further proceedings. firmed, the motions to reconsider be The PRESIDING OFFICER. Without The PRESIDING OFFICER. Under laid upon the table, the President be objection, it is so ordered. the rule, the bill will be placed on the immediately notified of the Senate’s SPECIAL COMMITTEE ON AGING calendar. action, any statements thereon be Mr. REID. Mr. President, I ask unan- f printed in the RECORD, and the Senate imous consent that the Special Com- return to legislative session. READ ACROSS AMERICA DAY mittee on Aging be authorized to meet The PRESIDING OFFICER. Without on Wednesday, February 27, 2002, from 9 Mr. REID. Mr. President, I ask unan- objection, it is so ordered. a.m.–12 p.m., in Dirksen 628 for the pur- imous consent that the Judiciary Com- The nominations considered and con- pose of conducting a hearing. mittee be discharged from consider- firmed are as follows: The PRESIDING OFFICER. Without ation of S. Res. 211, and that the Sen- AIR FORCE objection, it is so ordered. ate then proceed to its immediate con- The following named officer for appoint- SELECT COMMITTEE ON INTELLIGENCE sideration. ment in the United States Air Force to the Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. Without grade indicated while assigned to a position imous consent that the Select Com- objection, it is so ordered. of importance and responsibility under title mittee on Intelligence be authorized to The clerk will report the bill by title. 10, U.S.C., section 601: meet during the session of the Senate The senior assistant bill clerk read as To be lieutenant general on Wednesday, February 27, 2002, at 2:30 follows: Maj. Gen. Steven R. Polk, 0000. p.m., to hold a closed hearing on intel- A resolution (S. 211) designating March 2, The following named officer for appoint- ligence matters. 2002, as ‘‘Read Across America Day.’’ ment in the United States Air Force to the The PRESIDING OFFICER. Without There being no objection, the Senate grade indicated while assigned to a position objection, it is so ordered. of importance and responsibility under title proceeded to consider the resolution. 10, U.S.C., section 601: SUBCOMMITTEE ON EMERGING THREATS AND Mr. REID. Mr. President, I ask unan- To be lieutenant general CAPABILITIES imous consent that the resolution and Mr. REID. Mr. President, I ask unan- preamble be agreed to en bloc, the mo- Maj. Gen. John R. Baker, 0000. The following named officer for appoint- imous consent that the Subcommittee tion to reconsider be laid upon the on Emerging Threats and Capabilities ment in the United States Air Force to the table, and that any statements relating grade indicated while assigned to a position of the Committee on Armed Services thereto be printed in the RECORD, with of importance and responsibility under title be authorized to meet during the ses- no intervening action or debate. 10, U.S.C., section 601: sion of the Senate on Wednesday, Feb- The PRESIDING OFFICER. Without To be general ruary 27, 2002, at 2:30 p.m., in open and objection, it is so ordered. Lt. Gen. Lance W. Lord, 0000. closed session to receive testimony on The resolution (S. Res. 211) was the weapons of mass destruction threat NOMINATIONS PLACED ON THE SECRETARY’S agreed to. DESK from Iraq. The preamble was agreed to. AIR FORCE The PRESIDING OFFICER. Without The resolution, with its preamble, is objection, it is so ordered. as follows: PN1312 Air Force nomination of David E. Blum, which was received by the Senate and SUBCOMMITTEE ON READINESS AND S. RES. 211 appeared in the CONGRESSIONAL RECORD of MANAGEMENT SUPPORT Whereas reading is a basic requirement for December 20, 2001 Mr. REID. Mr. President, I ask unan- quality education and professional success, PN1313 Air Force nominations (2) begin- imous consent that the Subcommittee and a source of pleasure throughout life; ning JAMES C. COOPER, II, and ending on Readiness and Management Support Whereas Americans must be able to read if JOHN J. KUPKO, II, which nominations were of the Committee on Armed Services the Nation is to remain competitive in the received by the Senate and appeared in the be authorized to meet during the ses- global economy; CONGRESSIONAL RECORD of December 20, 2001 sion of the Senate on Wednesday, Feb- Whereas Congress, through the No Child PN1349 Air Force nominations (2) begin- ruary 27, 2002, at 10 a.m., in open ses- Left Behind Act of 2001 (Public Law 107–110) ning LINDA F. JONES, and ending Robert J. and the new Reading First, Early Reading King, which nominations were received by sion to receive testimony on Depart- First, and Improving Literacy Through the Senate and appeared in the CONGRES- ment of Defense acquisition policy. School Libraries programs, has placed great SIONAL RECORD of January 23, 2002 The PRESIDING OFFICER. Without emphasis on reading intervention and addi- PN1350 Air Force nomination of Dan objection, it is so ordered. tional resources for reading assistance; and Rose, which was received by the Senate and SUBCOMMITTEE ON SCIENCE, TECHNOLOGY, AND Whereas more than 40 national associa- appeared in the CONGRESSIONAL RECORD of SPACE tions concerned about reading and education January 23, 2002 Mr. REID. Mr. President, I ask unan- have joined with the National Education As- PN1351 Air Force nominations (3) begin- imous consent that the Subcommittee sociation to use March 2, the anniversary of ning DOUGLAS W. KNIGHTON, and ending on Science, Technology, and Space of the birth of Theodor Geisel, also known as ROBERT J. SEMRAD, which nominations Dr. Seuss, to celebrate reading: Now, there- were received by the Senate and appeared in the Committee on Commerce, Science, fore, be it the CONGRESSIONAL RECORD of January 23, and Transportation be authorized to Resolved, That the Senate— 2002 meet on Wednesday, February 27, 2002, (1) designates March 2, 2002, as ‘‘Read PN1352 Air Force nominations (5) begin- at 2 p.m., on digital divide and minor- Across America Day’’; ning RICHARD E. HORN, and ending MARK ity serving institutions. (2) honors Theodor Geisel, also known as A. WEINER, which nominations were re- The PRESIDING OFFICER. Without Dr. Seuss, for his success in encouraging ceived by the Senate and appeared in the objection, it is so ordered. children to discover the joy of reading; CONGRESSIONAL RECORD of January 23, 2002 (3) encourages parents to read with their PN1358 Air Force nominations (10) begin- f children for at least 30 minutes on Read ning VINCENT G. DEBONO, JR, and ending MEASURE PLACED ON Across America Day in honor of Dr. Seuss AMY M. ROWE, which nominations were re- CALENDAR—H.R. 2356 and in a celebration of reading; and ceived by the Senate and appeared in the (4) requests that the President issue a CONGRESSIONAL RECORD of January 28, 2002 Mr. REID. Mr. President, I under- proclamation calling on the people of the PN1360 Air Force nominations (41) begin- stand H.R. 2356 is at the desk and is due United States to observe the day with appro- ning KATHRYN L. AASEN, and ending JUS- for its second reading. priate ceremonies and activities. TIN N. ZUMSTEIN, which nominations were

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1261 received by the Senate and appeared in the PN1368 Marine Corps nominations (192) War, approximately 8,000 to 10,000 Afri- CONGRESSIONAL RECORD of January 28, 2002 beginning DONALD A. BARNETT, and end- can-American soldiers served the cause PN1362 Air Force nominations (155) begin- ing NICOLAS R. WISECARVER, which nomi- for freedom. Of that number, 5,000 Afri- ning MELISSA A. AERTS, and ending RICH- nations were received by the Senate and ap- can Americans served in combat roles. ARD M. ZWIRKO, which nominations were peared in the CONGRESSIONAL RECORD of Jan- received by the Senate and appeared in the uary 28, 2002 These brave soldiers fought or provided CONGRESSIONAL RECORD of January 28, 2002 PN1418 Marine Corps nominations (365) labor in virtually every major action of PN1353 Air Force nominations (295) begin- beginning ALBERT R. ADLER, and ending the war, from the first exchange of fire ning TODD E. ABBOTT, and ending STE- PETER D. ZORETIC, which nominations at Lexington and Concord to the deci- PHEN J. ZIMMERMANN, which nominations were received by the Senate and appeared in sive victory at Yorktown. were received by the Senate and appeared in the CONGRESSIONAL RECORD of February 11, When the war of 1812 broke out be- the CONGRESSIONAL RECORD of January 28, 2002 tween the United States and Great 2002 NAVY Britain, once again African Americans PN1369 Air Force nominations (56) begin- PN1391 Navy nominations (4) beginning offered their services to protect this ning KIRBY D. AMONSON, and ending DAL- GREGORY W. KIRWAN, and ending MAT- TON P. WILSON, which nominations were country. For example, New York raised THEW M. SCOTT, which nominations were received by the Senate and appeared in the two 1,000-man African-American regi- received by the Senate and appeared in the CONGRESSIONAL RECORD of January 28, 2002 ments and many White units included PN1377 Air Force nominations (2) begin- CONGRESSIONAL RECORD of February 5, 2002 African-American soldiers. PN1392 Navy nominations (9) beginning ning SANDRA G. MATHEWS, and ending In Philadelphia, 2,500 African Ameri- MICHAEL J. ADAMS, and ending SCOTT A. MARGARET M. NONNEMACHER, which SUOZZI, which nominations were received cans volunteered to erect fortifications nominations were received by the Senate and by the Senate and appeared in the CONGRES- on the outskirts of the city, and an es- appeared in the CONGRESSIONAL RECORD of SIONAL RECORD of February 5, 2002 timated 10 percent of those serving on January 29, 2002 PN1419 Navy nomination John J. Whyte, PN1378 Air Force nominations (2) begin- U.S. Navy ships in the Great Lakes which was received by the Senate and ap- ning REBECCA A. DOBBS, and ending MAX were African Americans, who took part peared in the CONGRESSIONAL RECORD of Feb- S. KUSH, which nominations were received as seamen in Capt. Oliver Hazard Per- ruary 11, 2002 by the Senate and appeared in the CONGRES- ry’s victory over the British on Lake PN1420 Navy nominations (33) beginning SIONAL RECORD of January 29, 2002 Erie in 1813. During the battle, an Afri- KELLY V. AHLM, and ending THOMAS A. PN1379 Air Force nominations (11) begin- can-American soldier, Cytus Tiffany, ning ERNEST H. BARNETT, and ending WINTER, which nominations were received by the Senate and appeared in the CONGRES- used his body as a shield to protect RONALD W. SCHMIDT, which nominations Captain Perry during the battle. were received by the Senate and appeared in SIONAL RECORD of February 11, 2002 PN1421 Navy nominations (262) beginning Captain Perry later wrote: the CONGRESSIONAL RECORD of January 29, RENE V. ABADESCO, and ending MARK W. 2002 I have yet to learn that the colour of a PN1380 Air Force nominations (16) begin- YATES, which nominations were received by man’s skin * * * can affect a man’s qualifica- ning SANDRA H. ALFORD, and ending the Senate and appeared in the CONGRES- tions or usefulness. FRANCIS C. ZUCCONI, which nominations SIONAL RECORD of February 11, 2002 Similarly, many African Americans were received by the Senate and appeared in f quickly volunteered their military the CONGRESSIONAL RECORD of January 29, LEGISLATIVE SESSION services during the Civil War. In fact, 2002 many slaves escaped persecution to PN1381 Air Force nominations (14) begin- The PRESIDING OFFICER. The Sen- join the Union forces in order to end ning RAUL A. AGUILAR, and ending GIL- ate will now return to legislative ses- slavery in this country. BERT L. WERGOWSKE, which nominations sion. One such brave individual was Robert were received by the Senate and appeared in Mr. REID. Mr. President, I suggest Smalls. Smalls, who was born into the CONGRESSIONAL RECORD of January 29, the absence of a quorum. 2002 slavery, was ‘‘hired out’’ by his Master PN1382 Air Force nominations (143) begin- The PRESIDING OFFICER. The for various jobs, including that of sail- ning LARRY W. ALEXANDER, and ending clerk will call the roll. or. While serving on a ship called the CLAUDIA R. ZIEBIS, which nominations The legislative clerk proceeded to Planter, Smalls coordinated and car- were received by the Senate and appeared in call the roll. ried out an escape with the Confederate the CONGRESSIONAL RECORD of January 29, Mr. BROWNBACK. Mr. President, I vessel into Federal lines on May 13, 2002 ask unanimous consent the order for 1862. ARMY the quorum call be rescinded. Following this heroic deed, Robert PN1299 Army nomination of LESLIE C. The PRESIDING OFFICER (Mr. eventually was made captain of the SMITH, II, which was received by the Senate CORZINE). Without objection, it is so or- vessel. Robert’s courage and intel- and appeared in the CONGRESSIONAL RECORD dered. ligence in delivering the Planter to the of December 18, 2001 f PN1353 Army nominations (8) beginning Union forces helped invalidate the the- FRANKLIN E. LIMERICK, JR., and ending BLACK HISTORY MONTH ory that Blacks were inferior to whites and greatly influenced the 1862 debates GARY J. THORSTENSON, which nomina- Mr. BROWNBACK. Mr. President, tions were received by the Senate and ap- over slavery and the Union’s use of Af- peared in the CONGRESSIONAL RECORD of Jan- perhaps one of the most moving an- rican American soldiers. uary 23, 2002 thems of this Nation was written by One of the most distinguished and re- PN1354 Army nominations (7) beginning Katharine Lee Bates, ‘‘America The vered African-American military regi- DARLENE S. COLLINS, and ending MI- Beautiful.’’ In the fourth verse, Ms. ments in our Nation’s history was the CHAEL J. WAGNER, which nominations Bates wrote: Buffalo Soldiers. were received by the Senate and appeared in O beautiful for patriot dream that sees be- After the Civil war, the future of Af- the CONGRESSIONAL RECORD of January 23, yond the years, rican Americans in the U.S. Army was 2002 Thine alabaster cities gleam undimmed by PN1364 Army nominations (17) beginning in question. However, in July 1866, Con- human tears! GARY J. BROCKINGTON, and ending gress passed legislation establishing DONNA M. WRIGHT, which nominations From the inception of our Nation, two cavalry and four infantry regi- were received by the Senate and appeared in many Americans have given their lives ments that were to be solely comprised the CONGRESSIONAL RECORD of January 28, in order that we may enjoy the free- of African Americans. The mounted 2002 dom and prosperity of American soci- regiments were the 9th and 10th Cav- PN1438 Army nominations (35) beginning ety. Now where is that more apparent alries, soon nicknamed ‘‘Buffalo Sol- MARIAN AMREIN, and ending STEVEN M. than in our military history. diers’’ by the Cheyenne and Comanche WALTERS, which nominations were received As we celebrate Black History by the Senate and appeared in the CONGRES- Tribes. SIONAL RECORD of February 15, 2002 Month, it is fitting that we take time Until the early 1890s, they con- stituted 20 percent of all cavalry forces MARINE CORPS to remember those Americans who, un- daunted by the confines of slavery, op- on the American frontier. Their invalu- PN1367 Marine Corps nominations (143) beginning ROBERT J. ABBLITT, and ending pression, and segregation, fought val- able service on the Western frontier CARL J. WOODS, which nominations were iantly to preserve our great Nation. still remains one of the most exem- received by the Senate and appeared in the During the struggle for national plary services preformed by a regiment CONGRESSIONAL RECORD of January 28, 2002 independence during the Revolutionary in the U.S. Army.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1262 CONGRESSIONAL RECORD — SENATE February 27, 2002 As a Kansan and an American, I am symbol of freedom around the world. Sec. 231. Savings provisions. very proud of the Buffalo Soldiers. In As we continue to ensure our national Sec. 232. Implementation. fact, this is a picture of the late Elmer freedom, we encourage you to join us Sec. 233. Transfer of resources. Sec. 234. Inter-agency review of competition Robinson, Sergeant 1st Class, 10th Cav- and celebrate this magnificent Amer- in the wholesale and retail mar- alry. Mr. Robinson served his country ican history; a history of a group of in- kets for electric energy. valiantly from 1935 to 1955. After he re- dividuals who were brought to our Sec. 235. GAO study on implementation. tired from the military, he resided in shores in shackles, yet, helped remove Sec. 236. Effective date. Leavenworth, KS until his death in ‘‘shackles’’ from our society to ensure Sec. 237. Authorization of appropriations. July 2000. Over the years African- that we live together in peace and pros- Sec. 238. Conforming amendments to the Americans continued to serve valiantly perity. Federal Power Act. for our country such as with the I suggest the absence of a quorum. Subtitle C—Amendments to the Public Tuskegee Airmen in World War II and The PRESIDING OFFICER. The Utility Regulatory Policies Act of 1978 subsequent wars following. In 1948, clerk will call the roll. Sec. 241. Real-time pricing standard. President Harry Truman issued an Ex- The assistant legislative clerk pro- Sec. 242. Adoption of additional standards. ecutive Order that paved the way for Sec. 243. Technical assistance. ceeded to call the roll. Sec. 244. Cogeneration and small power pro- our Armed Forces to end segregation. Mr. REID. Mr. President, I ask unan- duction purchase and sale re- Over the years, the military produced imous consent that the order for the quirements. many distinguished African-Americans quorum call be rescinded. Sec. 245. Net metering. such as, Benjamin O. Davis, Sr., who The PRESIDING OFFICER. Without Subtitle D—Consumer Protections was the first African-American general objection, it is so ordered. Sec. 251. Information disclosure. in the regular Armed Forces and his Sec. 252. Consumer privacy. f son, Benjamin O. Davis, Jr., who be- Sec. 253. Unfair trade practices. came the second African-American UNANIMOUS CONSENT AGREE- Sec. 254. Applicable procedures. general in the regular Armed Forces MENT—AMENDMENT NO. 2917, AS Sec. 255. Federal Trade Commission enforce- and in the Air Force. MODIFIED ment. Finally, one of the most distin- Sec. 256. State authority. guished and recognized African-Amer- Mr. REID. Mr. President, I ask unan- Sec. 257. Application of subtitle. Sec. 258. Definitions. ican military leaders in our Nation is imous consent that amendment No. Secretary of State, General Colin Pow- 2917 be modified with the changes at Subtitle E—Renewable Energy and Rural Construction Grants ell. Secretary Powell has served and the desk, notwithstanding the pend- continues to serve this country with ency of S. 517; that upon modification, Sec. 261. Renewable energy production in- centive. distinction. He dedicated the monu- the amendment be printed as a Senate document. Sec. 262. Assessment of renewable energy re- ment we have, a statue of a Buffalo sol- sources. dier on horseback in Leavenworth, KS. The PRESIDING OFFICER. Without Sec. 263. Federal purchase requirement. During the late 1980s, former Presi- objection, it is so ordered. Sec. 264. Rural construction grants. dent George Bush nominated Secretary The amendment, as modified, is as Sec. 265. Renewable portfolio standard. Powell as Chairman of the Joint Chiefs follows: Sec. 266. Renewable energy on Federal land. of Staff—becoming the first African- Strike all after the enacting clause and in- TITLE III—HYDROELECTRIC American to serve in this capacity. sert the following: RELICENSING This would not be his last ‘‘African- SECTION 1. SHORT TITLE. Sec. 301. Alternative mandatory conditions American first’’ accomplishment how- This Act may be cited as the ‘‘Energy Pol- and fishways. ever. After the election of President icy Act of 2002’’. Sec. 302. Charges for tribal lands. George W. Bush, the President nomi- SEC. 2. TABLE OF CONTENTS. Sec. 303. Disposition of hydroelectric charges. nated Secretary Powell to the position Sec. 1. Short title. Sec. 2. Table of contents. Sec. 304. Annual licenses. of Secretary of State where he serves DIVISION A—RELIABLE AND DIVERSE Sec. 305. Enforcement. currently with distinction. Sec. 306. Establishment of hydroelectric re- This American history is just a POWER GENERATION AND TRANS- MISSION licensing procedures. glimpse of what I hope will be show- Sec. 307. Relicensing study. cased on a national level. As you know, TITLE I—REGIONAL COORDINATION Sec. 308. Data collection procedures. we recently passed legislation that cre- Sec. 101. Policy on regional coordination. TITLE IV—INDIAN ENERGY Sec. 102. Federal support for regional coordi- ates a Presidential Commission Sec. 401. Comprehensive Indian energy pro- nation. charged with recommending a legisla- gram. tive plan of action to establish a Na- TITLE II—ELECTRICITY Sec. 402. Office of Indian Energy Policy and tional African-American history and Subtitle A—Amendments to the Federal Programs. culture museum in Washington, DC. It Power Act Sec. 403. Conforming amendments. Sec. 201. Definitions. Sec. 404. Siting energy facilities on tribal had been 70 years people had fought for lands. this museum. We passed it last year. Sec. 202. Electric utility mergers. Sec. 203. Market-based rates. Sec. 405. Indian Mineral Development Act This is the first concrete step we review. have taken to properly honor the many Sec. 204. Refund effective date. Sec. 205. Transmission interconnections. Sec. 406. Renewable energy study. contributions of African-Americans in Sec. 206. Open access transmission by cer- Sec. 407. Federal Power Marketing Adminis- this society. Currently, we are in the tain utilities. trations. Sec. 408. Feasibility study of combined wind process of nominating the presidential Sec. 207. Electric reliability standards. and hydropower demonstration commission and I am looking forward Sec. 208. Market transparency rules. project. to the commission’s recommendations Sec. 209. Access to transmission by inter- regarding establishing this museum on mittent generators. TITLE V—NUCLEAR POWER the National Mall—where it belongs. Sec. 210. Enforcement. Subtitle A—Price-Anderson Act Indeed, this country has been richly Subtitle B—Amendments to the Public Reauthorization blessed by the contributions and sac- Utility Holding Company Act Sec. 501. Short title. rifices of African-Americans. Sec. 221. Short title. Sec. 502. Extension of Department of Energy Cytus Tiffany, Robert Smalls, the Sec. 222. Definitions. indemnification authority. Buffalo Soldiers, and the Tuskegee Air- Sec. 223. Repeal of the Public Utility Hold- Sec. 503. Department of Energy liability limit. men only make up a fraction of Ameri- ing Company Act of 1935. Sec. 224. Federal access to books and Sec. 504. Incidents outside the United cans who believed in the ideals of States. America and were willing to ‘‘see be- records. Sec. 225. State access to books and records. Sec. 505. Reports. yond’’ the years of their oppression to Sec. 226. Exemption authority. Sec. 506. Inflation adjustment. a society that was fully inclusive of all Sec. 227. Affiliate transactions. Sec. 507. Civil penalties. Sec. 508. Effective date. citizens despite race. Sec. 228. Applicability. Because of their sacrifices, our Na- Sec. 229. Effect on other regulations. Subtitle B—Miscellaneous Provisions tion has prospered and grown into the Sec. 230. Enforcement. Sec. 511. Uranium sales.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0655 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1263 Sec. 512. Reauthorization of thorium reim- Subtitle C—Additional Fuel Efficiency Sec. 1014. Definitions. bursement. Measures Sec. 1015. United States Climate Change Re- Sec. 513. Fast Flux Test Facility. Sec. 821. Fuel efficiency of the federal fleet sponse Strategy. DIVISION B—DOMESTIC OIL AND GAS of automobiles. Sec. 1016. National Office of Climate Change PRODUCTION AND TRANSPORTATION Sec. 822. Assistance for State programs to Response of the Executive Of- fice of the President. TITLE VI—OIL AND GAS PRODUCTION retire fuel-inefficient motor ve- hicles. Sec. 1017. Technology innovation program Sec. 601. Permanent authority to operate Sec. 823. Idling reduction systems in heavy implemented through the Office the Strategic Petroleum Re- duty vehicles. of Climate Change Technology serve. TITLE IX—ENERGY EFFICIENCY AND AS- of the Department of Energy. Sec. 602. Federal onshore leasing programs Sec. 1018. Additional offices and activities. for oil and gas. SISTANCE TO LOW INCOME CON- SUMERS Sec. 1019. United States Climate Change Re- Sec. 603. Oil and gas lease acreage limita- sponse Strategy Review Board. tions. Subtitle A—Low Income Assistance and Sec. 1020. Authorization of appropriations. Sec. 604. Orphaned and abandoned wells on State Energy Programs Subtitle C—Science and Technology Policy Federal lands. Sec. 901. Increased funding for LIHEAP, Sec. 605. Orphaned and abandoned oil and weatherization assistance, and Sec. 1031. Global climate change in the Of- gas well program. State energy grants. fice of Science and Technology Sec. 606. Offshore development. Sec. 902. State energy programs. Policy. Sec. 607. Coalbed methane study. Sec. 903. Energy efficient schools. Sec. 1032. Establishment of Associate Direc- Sec. 608. Fiscal policies to maximize recov- Sec. 904. Low income community energy ef- tor for Global Climate Change. ery of domestic oil and gas re- ficiency pilot program. Subtitle D—Miscellaneous Provisions sources. Subtitle B—Federal Energy Efficiency Sec. 1041. Additional information for regu- Sec. 609. Strategic Petroleum Reserve. Sec. 911. Energy management requirements. latory review. TITLE VII—NATURAL GAS PIPELINES Sec. 912. Energy use measurement and ac- Sec. 1042. Greenhouse gas emissions from Subtitle A—Alaska Natural Gas Pipeline countability. federal facilities. Sec. 701. Short title. Sec. 913. Federal building performance TITLE XI—NATIONAL GREENHOUSE GAS Sec. 702. Findings. standards. DATABASE Sec. 703. Purposes. Sec. 914. Procurement of energy efficient Sec. 1101. Purpose. Sec. 704. Issuance of certificate of public products. Sec. 1102. Definitions. convenience and necessity. Sec. 915. Repeal of energy savings perform- Sec. 1103. Establishment of memorandum of Sec. 705. Environmental reviews. ance contract sunset. agreement. Sec. 706. Federal coordinator. Sec. 916. Energy savings performance con- Sec. 1104. National Greenhouse Gas Data- Sec. 707. Judicial review. tract definitions. base. Sec. 708. Loan guarantee. Sec. 917. Review of energy savings perform- Sec. 1105. Report on statutory changes and Sec. 709. Study of alternative means of con- ance contract program. harmonization. struction. Sec. 918. Federal Energy Bank. Sec. 1106. Measurement and verification. Sec. 710. Savings clause. Sec. 919. Energy and water saving measures Sec. 1107. Independent review. Sec. 711. Clarification of authority to amend in Congressional buildings. Sec. 1108. Authorization of appropriations. terms and conditions to meet Subtitle C—Industrial Efficiency and DIVISION E—ENHANCING RESEARCH, current project requirements. Consumer Products DEVELOPMENT, AND TRAINING Sec. 712. Definitions. Sec. 921. Voluntary commitments to reduce TITLE XII—ENERGY RESEARCH AND Sec. 713. Sense of the Senate. industrial energy intensity. DEVELOPMENT PROGRAMS Subtitle B—Operating Pipelines Sec. 922. Authority to set standards for com- Sec. 1201. Short title. Sec. 721. Application of the Historic Preser- mercial products. Sec. 1202. Findings. vation Act to operating pipe- Sec. 923. Additional definitions. Sec. 1203. Definitions. lines. Sec. 924. Additional test procedures. Sec. 1204. Construction with other laws. Sec. 722. Environmental review and permit- Sec. 925. Energy labeling. ting of natural gas pipeline Sec. 926. Energy Star Program. Subtitle A—Energy Efficiency projects. Sec. 927. Energy conservation standards for Sec. 1211. Enhanced energy efficiency re- central air conditioners and DIVISION C—DIVERSIFYING ENERGY search and development. heat pumps. DEMAND AND IMPROVING EFFICIENCY Sec. 1212. Energy efficiency science initia- Sec. 928. Energy conservation standards for tive. TITLE VIII—FUELS AND VEHICLES additional consumer and com- Sec. 1213. Next generation lighting initia- Subtitle A—CAFE Standards and Related mercial products. tive. Matters Sec. 929. Consumer education on energy effi- Sec. 1214. Railroad efficiency. ciency benefits of air condi- Sec. 801. Average fuel economy standards for Subtitle B—Renewable Energy passenger automobiles and tioning, heating, and ventila- Sec. 1221. Enhanced renewable energy re- light trucks. tion maintenance. search and development. Sec. 802. Fuel economy truth in testing. Subtitle D—Housing Efficiency Sec. 1222. Bioenergy programs. Sec. 803. Ensuring safety of passenger auto- Sec. 931. Capacity building for energy effi- Sec. 1223. Hydrogen research and develop- mobiles and light trucks. cient, affordable housing. ment. Sec. 804. High occupancy vehicle exception. Sec. 932. Increase of CDBG public services Sec. 805. Credit trading program. cap for energy conservation and Subtitle C—Fossil Energy Sec. 806. Green labels for fuel economy. efficiency activities. Sec. 1231. Enhanced fossil energy research Sec. 807. Light truck challenge. Sec. 933. FHA mortgage insurance incen- and development. Sec. 808. Secretary of Transportation to cer- tives for energy efficient hous- Sec. 1232. Power plant improvement initia- tify benefits. ing. tive. Sec. 809. Department of Transportation en- Sec. 934. Public housing capital fund. Sec. 1233. Research and development for ad- gineering award program. Sec. 935. Grants for energy-conserving im- vanced safe and efficient coal Sec. 810. Cooperative technology agree- provements for assisted hous- mining technologies. ments. ing. Sec. 1234. Ultra-deepwater and unconven- Subtitle B—Alternative and Renewable Sec. 936. North American Development tional resource exploration and Fuels Bank. production technologies. Sec. 1235. Research and development for new Sec. 811. Increased use of alternative fuels DIVISION D—INTEGRATION OF ENERGY natural gas transportation by federal fleets. POLICY AND CLIMATE CHANGE POLICY technologies. Sec. 812. Exception to HOV passenger re- TITLE X—CLIMATE CHANGE POLICY Sec. 1236. Authorization of appropriations quirements for alternative fuel FORMULATION for Office of Arctic Energy. vehicles. Subtitle A—Global Warming Sec. 813. Data collection. Subtitle D—Nuclear Energy Sec. 1001. Sense of Congress on global warm- Sec. 814. Green school bus pilot program. Sec. 1241. Enhanced nuclear energy research ing. Sec. 815. Fuel cell bus development and dem- and development. onstration program. Subtitle B—Climate Change Strategy Sec. 1242. University nuclear science and en- Sec. 816. Authorization of appropriations. Sec. 1011. Short title. gineering support. Sec. 817. Biodiesel fuel use credits. Sec. 1012. Findings. Sec. 1243. Nuclear energy research initia- Sec. 818. Neighborhood electric vehciles. Sec. 1013. Purpose. tive.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0655 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1264 CONGRESSIONAL RECORD — SENATE February 27, 2002 Sec. 1244. Nuclear energy plant optimization Sec. 1372. Coastal vulnerability and adapta- while minimizing the impact of providing en- program. tion. ergy services on communities and the envi- Sec. 1245. Nuclear energy technology devel- PART II—FORECASTING AND PLANNING ronment. opment program. PILOT PROGRAMS (b) DEFINITION OF ENERGY SERVICES.—For Subtitle E—Fundamental Energy Science Sec. 1381. Remote sensing pilot projects. purposes of this section, the term ‘‘energy Sec. 1251. Enhanced programs in funda- Sec. 1382. Database establishment. services’’ means— mental energy science. Sec. 1383. Definitions. (1) the generation or transmission of elec- Sec. 1252. Nanoscale science and engineering Sec. 1384. Authorization of appropriations. tric energy, research. (2) the transportation, storage, and dis- Sec. 1253. Advanced scientific computing for TITLE XIV—MANAGEMENT OF DOE tribution of crude oil, residual fuel oil, re- energy missions. SCIENCE AND TECHNOLOGY PROGRAMS fined petroleum product, or natural gas, or Sec. 1254. Fusion energy sciences program Sec. 1401. Definitions. (3) the reduction in load through increased and planning. Sec. 1402. Availability of funds. efficiency, conservation, or load control Subtitle F—Energy, Safety, and Sec. 1403. Cost sharing. measures. Sec. 1404. Merit review of proposals. Environmental Protection SEC. 102. FEDERAL SUPPORT FOR REGIONAL CO- Sec. 1405. External technical review of de- Sec. 1261. Critical energy infrastructure pro- ORDINATION. partmental programs. tection research and develop- (a) TECHNICAL ASSISTANCE.—The Secretary Sec. 1406. Improved coordination and man- ment. of Energy shall provide technical assistance agement of civilian science and Sec. 1262. Pipeline integrity, safety, and re- to States and regional organizations formed technology programs. liability research and develop- by two or more States to assist them in co- Sec. 1407. Improved coordination of tech- ment. ordinating their energy policies on a re- Sec. 1263. Research and demonstration for nology transfer activities. Sec. 1408. Technology infrastructure pro- gional basis. Such technical assistance may remediation of groundwater include assistance in— from energy activities.–– gram. Sec. 1409. Small business advocacy and as- (1) assessing future supply availability and TITLE XIII—CLIMATE CHANGE sistance. demand requirements, RESEARCH AND DEVELOPMENT Sec. 1410. Other transactions. (2) planning and siting additional energy Subtitle A—Department of Energy Programs Sec. 1411. Mobility of scientific and tech- infrastructure, including generating facili- Sec. 1301. Program goals. nical personnel. ties, electric transmission facilities, pipe- Sec. 1302. Department of Energy global Sec. 1412. National Academy of Sciences re- lines, refineries, and distributed generation change science research. port. facilities to meet regional needs, Sec. 1303. Amendments to the Federal Non- Sec. 1413. Report on technology readiness (3) identifying and resolving problems in nuclear Research and Develop- and barriers to technology distribution networks, ment Act of 1974. transfer. (4) developing plans to respond to surge de- mand or emergency needs, and Subtitle B—Department of Agriculture TITLE XV—PERSONNEL AND TRAINING Programs (5) developing renewable energy, energy ef- Sec. 1501. Workforce trends and traineeship Sec. 1311. Carbon sequestration basic and ap- ficiency, conservation, and load control pro- grants. grams. plied research. Sec. 1502. Postdoctoral and senior research Sec. 1312. Carbon sequestration demonstra- (b) ANNUAL CONFERENCE ON REGIONAL EN- fellowships in energy research. tion projects and outreach. ERGY COORDINATION.— Sec. 1503. Training guidelines for electric (1) ANNUAL CONFERENCE.—The Secretary of Subtitle C—Clean Energy Technology energy industry personnel. Exports Program Energy shall convene an annual conference Sec. 1504. National Center on Energy Man- to promote regional coordination on energy Sec. 1321. Clean energy technology exports agement and Building Tech- policy and infrastructure issues. program. nologies. (2) PARTICIPATION.— The Secretary of En- Sec. 1322. International energy technology Sec. 1505. Improved access to energy-related deployment program. ergy shall invite appropriate representatives scientific and technical careers. of federal, state, and regional energy organi- Subtitle D—Climate Change Science and DIVISION F—TECHNOLOGY ASSESSMENT zations, and other interested parties. Information AND STUDIES (3) STATE AND FEDERAL AGENCY COOPERA- PART I—AMENDMENTS TO THE GLOBAL TITLE XVI—TECHNOLOGY ASSESSMENT TION.—The Secretary of Energy shall consult CHANGE RESEARCH ACT OF 1990 Sec. 1601. National Science and Technology and cooperate with State and regional en- Sec. 1331. Amendment of Global Change Re- Assessment Service. ergy organizations, the Secretary of the In- search Act of 1990. terior, the Secretary of Agriculture, the Sec- Sec. 1332. Changes in definitions. TITLE XVII—STUDIES retary of Commerce, the Secretary of the Sec. 1333. Change in committee name. Sec. 1701. Regulatory reviews. Treasury, the Chairman of the Federal En- Sec. 1334. Change in national global change Sec. 1702. Assessment of dependence of Ha- ergy Regulatory Commission, the Adminis- research plan. waii on oil. trator of the Environmental Protection Sec. 1335. Integrated Program Office. Sec. 1703. Study of siting an electric trans- Agency, and the Chairman of the Council on PART II—NATIONAL CLIMATE SERVICES mission system on Amtrak Environmental Quality in the planning and MONITORING right-of-way. conduct of the conference. Sec. 1341. Amendment of National Climate DIVISION G—ENERGY INFRASTRUCTURE (4) AGENDA.—The Secretary of Energy, in Program Act. SECURITY consultation with the officials identified in Sec. 1342. Changes in findings. TITLE XVIII—CRITICAL ENERGY paragraph (3) and participants identified in Sec. 1343. Tools for regional planning. paragraph (2), shall establish an agenda for Sec. 1344. Authorization of appropriations. INFRASTRUCTURE each conference that promotes regional co- Sec. 1345. National Climate Service Plan. Subtitle A—Department of Energy Programs Sec. 1346. International Pacific Research ordination on energy policy and infrastruc- Sec. 1801. Definitions. ture issues. and Cooperation. Sec. 1802. Role of the Department of Energy. Sec. 1347. Reporting on trends. (5) RECOMMENDATIONS.—Not later than 60 Sec. 1803. Critical energy infrastructure pro- days after the conclusion of each annual con- PART III—OCEAN AND COASTAL grams. ference, the Secretary of Energy shall report OBSERVING SYSTEM Sec. 1804. Advisory Committee on Energy to the President and the Congress rec- Sec. 1351. Ocean and coastal observing sys- Infrastructure Security. ommendations arising out of the conference tem. Sec. 1805. Best practices and standards for that may improve— Sec. 1352. Authorization of appropriations. energy infrastructure security. (A) regional coordination on energy policy Subtitle E—Climate Change Technology Subtitle B—Department of the Interior and infrastructure issues, and Sec. 1361. NIST greenhouse gas functions. Programs (B) federal support for regional coordina- Sec. 1362. Development of new measurement Sec. 1811. Outer Continental Shelf energy in- tion. technologies. frastructure security. Sec. 1363. Enhanced environmental measure- TITLE II—ELECTRICITY ments and standards. DIVISION A—RELIABLE AND DIVERSE Subtitle A—Amendments to the Federal Sec. 1364. Technology development and dif- POWER GENERATION AND TRANSMISSION Power Act fusion. TITLE I—REGIONAL COORDINATION SEC. 201. DEFINITIONS. Sec. 1365. Authorization of appropriations. SEC. 101. POLICY ON REGIONAL COORDINATION. (a) DEFINITION OF ELECTRIC UTILITY.—Sec- Subtitle F—Climate Adaptation and Hazards (a) STATEMENT OF POLICY.—It is the policy tion 3(22) of the Federal Power Act (16 U.S.C. Prevention of the Federal Government to encourage 796(22)) is amended to read as follows: PART I—ASSESSMENT AND ADAPTATION States to coordinate, on a regional basis, ‘‘(22) ‘electric utility’ means any person or Sec. 1371. Regional climate assessment and State energy policies to provide reliable and Federal or State agency (including any mu- adaptation program. affordable energy services to the public nicipality) that sells electric energy; such

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1265 term includes the Tennessee Valley Author- ‘‘(3) whether market mechanisms, such as or operates a facility used for the generation ity and each Federal power marketing agen- power exchanges and bid auctions, function of electric energy.’’. cy. adequately; SEC. 206. OPEN ACCESS TRANSMISSION BY CER- (b) DEFINITION OF TRANSMITTING UTILITY.— ‘‘(4) the effect of demand response mecha- TAIN UTILITIES. Section 3(23) of the Federal Power Act (16 nisms; Part II of the Federal Power Act is further U.S.C. 796(23))is amended to read as follows: ‘‘(5) the effect of mechanisms or require- amended by inserting after section 211 the ‘‘(23) TRANSMITTING UTILITY.—The term ments intended to ensure adequate reserve following: ‘transmitting utility’ means an entity (in- margins; and ‘‘OPEN ACCESS BY UNREGULATED TRANSMITTING cluding any entity described in section ‘‘(6) other such considerations as the Com- UTILITIES 201(f)) that owns or operates facilities used mission may deem to be appropriate and in ‘‘SEC. 211A. (1) Subject to section 212(h), for the transmission of electric energy in— the public interest.’’. the Commission may, by rule or order, re- ‘‘(A) interstate commerce; or (b) REVOCATION OF MARKET-BASED RATES.— quire an unregulated transmitting utility to ‘‘(B) for the sale of electric energy at Section 206 of the Federal Power Act (16 provide transmission services— wholesale.’’. U.S.C. 824e) is amended by adding at the end ‘‘(A) at rates that are comparable to those SEC. 202. ELECTRIC UTILITY MERGERS. the following: that the unregulated transmitting utility Section 203(a) of the Federal Power Act (16 ‘‘(f) Whenever the Commission, after a charges itself, and U.S.C. 824b) is amended to read as follows: hearing had upon its own motion or upon ‘‘(B) on terms and conditions (not relating (a)(1) No public utility shall, without first complaint, finds that a rate charged by a to rates) that are comparable to those under having secured an order of the Commission public utility authorized to charge a market- Commission rules that require public utili- authorizing it to do so— based rate under section 205 is unjust, unrea- ties to offer open access transmission serv- ‘‘(A) sell, lease, or otherwise dispose of the sonable, unduly discriminatory or pref- ices and that are not unduly discriminatory whole of its facilities subject to the jurisdic- erential, the Commission shall determine or preferential. tion of the Commission, or any part thereof the just and reasonable rate and fix the same ‘‘(2) The Commission shall exempt from of a value in excess of $1,000,000, by order in accordance with this section, or any rule or order under this subsection any ‘‘(B) merge or consolidate, directly or indi- order such other action as will, in the judg- unregulated transmitting utility that— rectly, such facilities or any part thereof ment of the Commission, adequately ensure ‘‘(A) sells no more than 4,000,000 megawatt with the facilities of any other person, by a just and reasonable market-based rate.’’. hours of electricity per year; any means whatsoever, SEC. 204. REFUND EFFECTIVE DATE. ‘‘(B) does not own or operate any trans- (C) purchase, acquire, or take any security Section 206(b) of the Federal Power Act (16 mission facilities that are necessary for op- of any other public utility, or U.S.C. 824e(b)) is amended by— erating an interconnected transmission sys- (D) purchase, lease, or otherwise acquire (1) striking ‘‘60 days after the filing of such tem (or any portion thereof), or existing facilities for the generation of elec- complaint nor later than 5 months after the ‘‘(C) meets other criteria the Commission tric energy or for the production or transpor- expiration of such 60-day period’’ in the sec- determines to be in the public interest. tation of natural gas. ond sentence and inserting ‘‘on which the ‘‘(3) The rate changing procedures applica- ‘‘(2) No holding company in a holding com- complaint is filed’’; and ble to public utilities under subsections (c) pany system that includes a transmitting (2) striking ‘‘60 days after the publication and (d) of section 205 are applicable to un- utility or an electric utility company shall by the Commission of notice of its intention regulated transmitting utilities for purposes of this section. purchase, acquire, or take any security of, to initiate such proceeding nor later than 5 ‘‘(4) In exercising its authority under para- or, by any means whatsoever, directly or in- months after the expiration of such 60-day directly, merge or consolidate with a trans- graph (1), the Commission may remand period’’ in the third sentence and inserting transmission rates to an unregulated trans- mitting utility, an electric utility company, ‘‘on which the Commission publishes notice a gas utility company, or a holding company mitting utility for review and revision where of its intention to initiate such proceeding’’. necessary to meet the requirements of para- in a holding company system that includes a SEC. 205. TRANSMISSION INTERCONNECTIONS. transmitting utility, an electric utility com- graph (1). Section 210 of the Federal Power Act (16 ‘‘(5) The provision of transmission services pany, or a gas utility company, without first U.S.C. 824i) is amended to read as follows: under paragraph (1) does not preclude a re- having secured an order of the Commission ‘‘TRANSMISSION INTERCONNECTION AUTHORITY quest for transmission services under section authorizing it to do so. 211. ‘‘(3) Upon application for such approval the ‘‘SEC. 210. (a)(1) The Commission shall, by rule, establish technical standards and pro- ‘‘(6) The Commission may not require a Commission shall give reasonable notice in State or municipality to take action under cedures for the interconnection of facilities writing to the Governor and State commis- this section that constitutes a private busi- used for the generation of electric energy sion of each of the States in which the phys- ness use for purposes of section 141 of the In- with facilities used for the transmission of ical property affected, or any part thereof, is ternal Revenue Code of 1986 (26 U.S.C. 141). situated, and to such other persons as it may electric energy in interstate commerce. The ‘‘(7) For purposes of this subsection, the deem advisable. rule shall provide— term ‘unregulated transmitting utility’ ‘‘(4) After notice and opportunity for hear- ‘‘(A) criteria to ensure that an inter- means an entity that— ing, if the Commission finds that the pro- connection will not unreasonably impair the ‘‘(A) owns or operates facilities used for posed disposition, consolidation, acquisition, reliability of the transmission system; and the transmission of electric energy in inter- or control will be consistent with the public ‘‘(B) criteria for the apportionment or re- state commerce, and interest, it shall approve the same. imbursement of the costs of making the ‘‘(B) is either an entity described in section ‘‘(5) For purposes of this subsection, the interconnection. 201(f) or a rural electric cooperative.’’. terms ‘electric utility company’, ‘gas utility ‘‘(2) Notwithstanding section 201(f), a SEC. 207. ELECTRIC RELIABILITY STANDARDS. company’, ‘holding company’, and ‘holding transmitting utility shall interconnect its Part II of the Federal Power Act is further company system’ have the meaning given transmission facilities with the generation amended by adding at the end the following: those terms in the Public Utility Holding facilities of a power producer upon the appli- ‘‘SEC. 215. ELECTRIC RELIABILITY STANDARDS. Company Act of 2002. cation of the power producer if the power ‘‘(a) DUTY OF THE COMMISSION.—The Com- ‘‘(6) Notwithstanding section 201(b)(1), fa- producer complies with the requirements of mission shall establish and enforce one or cilities used for the generation of electric en- the rule. more systems of mandatory electric reli- ergy shall be subject to the jurisdiction of ‘‘(b) Upon the application of a power pro- ability standards to ensure the reliable oper- the Commission for purposes of this sec- ducer or its own motion, the Commission ation of the interstate transmission system, tion.’’. may, after giving notice and an opportunity which shall be applicable to— SEC. 203. MARKET-BASED RATES. for a hearing to any entity whose interest ‘‘(1) any entity that sells, purchases, or (a) APPROVAL OF MARKET-BASED RATES.— may be affected, issue an order requiring— transmits, electric energy using the inter- Section 205 of the Federal Power Act (16 ‘‘(1) the physical connection of facilities state transmission system, and U.S.C. 824d) is amended by adding at the end used for the generation of electric energy ‘‘(2) any entity that owns, operates, or the following: with facilities used for the transmission of maintains facilities that are a part of the ‘‘(h) The Commission may determine electric energy in interstate commerce; interstate transmission system. whether a market-based rate for the sale of ‘‘(2) such action as may be necessary to ‘‘(b) STANDARDS.—In carrying out its re- electric energy subject to the jurisdiction of make effective any such physical connec- sponsibility under subsection (a), the Com- the Commission is just and reasonable and tion; mission may adopt and enforce, in whole or not unduly discriminatory or preferential. In ‘‘(3) such sale or exchange of electric en- in part, a reliability standard proposed or making such determination, the Commission ergy or other coordination, as may be nec- adopted by the North American Electric Re- shall consider— essary to carry out the purposes of such liability Council, a regional reliability coun- ‘‘(1) whether the seller and its affiliates order; or cil, a similar organization, or a State regu- have, or have adequately mitigated, market ‘‘(4) such increase in transmission capacity latory authority. power in the generation and transmission of as may be necessary to carry out the pur- ‘‘(c) ENFORCEMENT.—In carrying out its re- electric energy; poses of such order. sponsibility under subsection (a), the Com- ‘‘(2) whether the sale is made in a competi- ‘‘(c) As used in this section, the term mission may certify one or more self-regu- tive market; ‘power producer’ means an entity that owns lating reliability organizations (which may

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include the North American Electric Reli- ‘‘SEC. 217. ACCESS TO TRANSMISSION BY INTER- (e) CIVIL PENALTIES.—Section 316A of the ability Council, one or more regional reli- MITTENT GENERATORS. Federal Power Act (16 U.S.C. 825o–1) is ability councils, one or more regional trans- ‘‘(a) FAIR TREATMENT OF INTERMITTENT amended by striking ‘‘section 211, 212, 213, or mission organizations, or any similar organi- GENERATORS.—The Commission shall ensure 214’’ each place it appears and inserting zation) to ensure the reliable operation of that all transmitting utilities provide trans- ‘‘Part II’’. the interstate transmission system and to mission service to intermittent generators in Subtitle B—Amendments to the Public Utility monitor and enforce compliance of their a manner that does not penalize such genera- Holding Company Act members with electric reliability standards tors, directly or indirectly, for characteris- adopted under this section. tics that are— SEC. 221. SHORT TITLE. ‘‘(d) COOPERATION WITH CANADA AND MEX- ‘‘(1) inherent to intermittent energy re- This subtitle may be cited as the ‘‘Public ICO.—The Commission shall ensure that any sources; and Utility Holding Company Act of 2002’’. self-regulating reliability organization cer- ‘‘(2) are beyond the control of such genera- SEC. 222. DEFINITIONS. tified under this section, one or more of tors. whose members are interconnected with ‘‘(b) POLICIES.—The Commission shall en- For purposes of this subtitle: transmitting utilities in Canada or the Re- sure that the requirement in subsection (a) (1) The term ‘‘affiliate’’ of a company public of Mexico, provide for the participa- is met by adopting such policies as it deems means any company, 5 percent or more of tion of such utilities in the governance of appropriate which shall include, but not be the outstanding voting securities of which the organization and the adoption of reli- limited to, the following: are owned, controlled, or held with power to ability standards. Nothing in this section ‘‘(1) Subject to the sole exception set forth vote, directly or indirectly, by such com- shall be construed to extend the jurisdiction in paragraph (2), the Commission shall en- pany. of the Commission outside of the United sure that the rates transmitting utilities (2) The term ‘‘associate company’’ of a States. charge intermittent generator customers for company means any company in the same ‘‘(e) PRESERVATION OF STATE AUTHORITY.— transmission services do not directly or indi- holding company system with such company. Nothing in this section shall be construed to rectly penalize intermittent generator cus- (3) The term ‘‘Commission’’ means the preempt the authority of any State to take tomers for scheduling deviations. Federal Energy Regulatory Commission. action to ensure the safety, adequacy, and ‘‘(2) The Commission may exempt a trans- (4) The term ‘‘company’’ means a corpora- reliability of local distribution facilities mitting utility from the requirement set tion, partnership, association, joint stock service within the State, except where the forth in subsection (b) if the transmitting company, business trust, or any organized exercise of such authority unreasonably im- utility demonstrates that scheduling devi- group of persons, whether incorporated or pairs the reliability of the interstate trans- ations by its intermittent generator cus- not, or a receiver, trustee, or other liqui- mission system. tomers are likely to have a substantial ad- dating agent of any of the foregoing. ‘‘(f) DEFINITIONS.—For purposes of this sec- verse impact on the reliability of the trans- (5) The term ‘‘electric utility company’’ tion: means any company that owns or operates ‘‘(1) The term ‘interstate transmission sys- mitting utility’s system. For purposes of ad- ministering this exemption, there shall be a facilities used for the generation, trans- tem’ means the network of facilities used for mission, or distribution of electric energy for the transmission of electric energy in inter- rebuttable presumption of no adverse impact where intermittent generators collectively sale. state commerce. (6) The terms ‘‘exempt wholesale gener- ‘‘(2) The term ‘reliability’ means the abil- constitute 20 percent or less of total genera- tion interconnected with transmitting util- ator’’ and ‘‘foreign utility company’’ have ity of the interstate transmission system to the same meanings as in sections 32 and 33, transmit sufficient electric energy to supply ity’s system and using transmission services provided by transmitting utility. respectively, of the Public Utility Holding the aggregate electric demand and energy re- Company Act of 1935 (15 U.S.C. 79z–5a, 79z– quirements of electricity consumers at all ‘‘(3) The Commission shall ensure that to the extent any transmission charges recov- 5b), as those sections existed on the day be- times and the ability of the system to with- fore the effective date of this subtitle. stand sudden disturbances.’’. ering the transmitting utility’s embedded costs are assessed to intermittent genera- (7) The term ‘‘gas utility company’’ means SEC. 208. MARKET TRANSPARENCY RULES. tors, they are assessed to such generators on any company that owns or operates facilities Part II of the Federal Power Act is further used for distribution at retail (other than amended by adding at the end the following: the basis of kilowatt-hours generated rather than the intermittent generator’s capacity. the distribution only in enclosed portable ‘‘SEC. 216. MARKET TRANSPARENCY RULES. ‘‘(4) The Commission shall require trans- containers or distribution to tenants or em- ‘‘(a) COMMISSION RULES.—Not later than 180 mitting utilities to offer to intermittent ployees of the company operating such fa- days after the date of enactment of this sec- cilities for their own use and not for resale) tion, the Commission shall issue rules estab- generators, and may require transmitting utilities to offer to all transmission cus- of natural or manufactured gas for heat, lishing an electronic information system to light, or power. provide information about the availability tomers, access to nonfirm transmission serv- ice pursuant to long-term contracts of up to (8) The term ‘‘holding company’’ means— and price of wholesale electric energy and (A) any company that directly or indi- transmission services to the Commission, ten years duration under reasonable terms and conditions. rectly owns, controls, or holds, with power to state commissions, buyers and sellers of vote, 10 percent or more of the outstanding wholesale electric energy, users of trans- ‘‘(c) DEFINITIONS.—As used in this section: ‘‘(1) The term ‘intermittent generator’ voting securities of a public utility company mission services, and the public on a timely or of a holding company of any public utility basis. means a facility that generates electricity company; and ‘‘(b) INFORMATION REQUIRED.—The Commis- using wind or solar energy and no other en- sion shall require— ergy source. (B) any person, determined by the Commis- ‘‘(1) each regional transmission organiza- ‘‘(2) The term ‘nonfirm transmission serv- sion, after notice and opportunity for hear- tion to provide statistical information about ice’ means transmission service provided on ing, to exercise directly or indirectly (either the available capacity and capacity con- an ‘as available’ basis. alone or pursuant to an arrangement or un- straints of transmission facilities operated ‘‘(3) The term ‘scheduling deviation’ means derstanding with one or more persons) such by the organization; and delivery of more or less energy than has pre- a controlling influence over the management ‘‘(2) each broker, exchange, or other mar- viously been forecast in a schedule sub- or policies of any public utility company or ket-making entity that matches offers to mitted by an intermittent generator to a holding company as to make it necessary or sell and offers to buy wholesale electric en- control area operator or transmitting util- appropriate for the rate protection of utility ergy in interstate commerce to provide sta- ity.’’. customers with respect to rates that such tistical information about the amount and SEC. 210. ENFORCEMENT. person be subject to the obligations, duties, sale price of sales of electric energy at (a) COMPLAINTS.—Section 306 of the Federal and liabilities imposed by this subtitle upon wholesale in interstate commerce it trans- Power Act (16 U.S.C. 825e) is amended by— holding companies. acts. (1) inserting ‘‘electric utility,’’ after ‘‘Any (9) The term ‘‘holding company system’’ ‘‘(c) TIMELY BASIS.—The Commission shall person,’’; and means a holding company, together with its require the information required under sub- (2) inserting ‘‘transmitting utility,’’ after subsidiary companies. section (b) to be posted on the Internet as ‘‘licensee’’ each place it appears. (10) The term ‘‘jurisdictional rates’’ means soon as practicable and updated as fre- (b) INVESTIGATIONS.—Section 307(a) of the rates established by the Commission for the quently as practicable. Federal Power Act (16 U.S.C. 825f(a)) is transmission of electric energy in interstate ‘‘(d) PROTECTION OF SENSITIVE INFORMA- amended by inserting ‘‘or transmitting util- commerce, the sale of electric energy at TION.—The Commission shall exempt from ity’’ after ‘‘any person’’ in the first sentence. wholesale in interstate commerce, the trans- disclosure commercial or financial informa- (c) REVIEW OF COMMISSION ORDERS.—Sec- portation of natural gas in interstate com- tion that the Commission, by rule or order, tion 313(a) of the Federal Power Act (16 merce, and the sale in interstate commerce determines to be privileged, confidential, or U.S.C. 8251) is amended by inserting ‘‘electric of natural gas for resale for ultimate public otherwise sensitive.’’. utility,’’ after ‘‘Any person,’’ in the first sen- consumption for domestic, commercial, in- SEC. 209. ACCESS TO TRANSMISSION BY INTER- tence. dustrial, or any other use. MITTENT GENERATORS. (d) CRIMINAL PENALTIES.—Section 316(c) of (11) The term ‘‘natural gas company’’ Part II of the Federal Power Act is further the Federal Power Act (16 U.S.C. 825o(c)) is means a person engaged in the transpor- amended by adding at the end the following: repealed. tation of natural gas in interstate commerce

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or the sale of such gas in interstate com- amination of books, accounts, memoranda, (b) RECOVERY OF COSTS.— Nothing in this merce for resale. or other records as provided in this section, subtitle shall preclude the Commission or a (12) The term ‘‘person’’ means an indi- except as may be directed by the Commis- State commission from exercising its juris- vidual or company. sion or by a court of competent jurisdiction. diction under otherwise applicable law to de- (13) The term ‘‘public utility’’ means any SEC. 225. STATE ACCESS TO BOOKS AND termine whether a public utility company, person who owns or operates facilities used RECORDS. public utility, or natural gas company may for transmission of electric energy in inter- (a) In GENERAL.—Upon the written request recover in rates any costs of an activity per- state commerce or sales of electric energy at of a State commission having jurisdiction to formed by an associate company, or any wholesale in interstate commerce. regulate a public utility company in a hold- costs of goods or services acquired by such (14) The term ‘‘public utility company’’ ing company system, the holding company public utility company from an associate means an electric utility company or a gas or any associate company or affiliate there- company. utility company. of, other than such public utility company, SEC. 228. APPLICABILITY. (15) The term ‘‘State commission’’ means wherever located, shall produce for inspec- Except as otherwise specifically provided any commission, board, agency, or officer, by tion books, accounts, memoranda, and other in this subtitle, no provision of this subtitle whatever name designated, of a State, mu- records that— shall apply to, or be deemed to include— nicipality, or other political subdivision of a (1) have been identified in reasonable de- (1) the United States; State that, under the laws of such State, has tail by the State commission; (2) a State or any political subdivision of a jurisdiction to regulate public utility compa- (2) the State commission deems are rel- State; nies. evant to costs incurred by such public utility (3) any foreign governmental authority not (16) The term ‘‘subsidiary company’’ of a company; and operating in the United States; holding company means— (3) are necessary for the effective discharge (4) any agency, authority, or instrumen- (A) any company, 10 percent or more of the of the responsibilities of the State commis- tality of any entity referred to in paragraph outstanding voting securities of which are sion with respect to such proceeding. (1), (2), or (3); or directly or indirectly owned, controlled, or (b) LIMITATION.—Subsection (a) does not (5) any officer, agent, or employee of any held with power to vote, by such holding apply to any person that is a holding com- entity referred to in paragraph (1), (2), or (3) company; and pany solely by reason of ownership of one or acting as such in the course of his or her offi- (B) any person, the management or policies more qualifying facilities under the Public cial duty. of which the Commission, after notice and Utility Regulatory Policies Act of 1978 (16 SEC. 229. EFFECT ON OTHER REGULATIONS. opportunity for hearing, determines to be U.S.C. 2601 et seq.). Nothing in this subtitle precludes the Com- (c) CONFIDENTIALITY OF INFORMATION.—The subject to a controlling influence, directly or mission or a State commission from exer- production of books, accounts, memoranda, indirectly, by such holding company (either cising its jurisdiction under otherwise appli- and other records under subsection (a) shall alone or pursuant to an arrangement or un- cable law to protect utility customers. be subject to such terms and conditions as derstanding with one or more other persons) SEC. 230. ENFORCEMENT. may be necessary and appropriate to safe- so as to make it necessary for the rate pro- The Commission shall have the same pow- guard against unwarranted disclosure to the tection of utility customers with respect to ers as set forth in sections 306 through 317 of public of any trade secrets or sensitive com- rates that such person be subject to the obli- the Federal Power Act (16 U.S.C. 825e-825p) mercial information. to enforce the provisions of this subtitle. gations, duties, and liabilities imposed by (d) EFFECT ON STATE LAW.—Nothing in this SEC. 231. SAVINGS PROVISIONS. this subtitle upon subsidiary companies of section shall preempt applicable State law (a) IN GENERAL.—Nothing in this subtitle holding companies. concerning the provision of books, accounts, prohibits a person from engaging in or con- (17) The term ‘‘voting security’’ means any memoranda, and other records, or in any tinuing to engage in activities or trans- security presently entitling the owner or way limit the rights of any State to obtain holder thereof to vote in the direction or actions in which it is legally engaged or au- books, accounts, memoranda, and other thorized to engage on the effective date of management of the affairs of a company. records under any other Federal law, con- SEC. 223. REPEAL OF THE PUBLIC UTILITY HOLD- this subtitle. tract, or otherwise. (b) EFFECT ON OTHER COMMISSION AUTHOR- ING COMPANY ACT OF 1935. (e) COURT JURISDICTION.—Any United ITY.—Nothing in this subtitle limits the au- The Public Utility Holding Company Act States district court located in the State in thority of the Commission under the Federal of 1935 (15 U.S.C. 79 et seq.) is repealed. which the State commission referred to in Power Act (16 U.S.C. 791a et seq.) (including SEC. 224. FEDERAL ACCESS TO BOOKS AND subsection (a) is located shall have jurisdic- section 301 of that Act) or the Natural Gas RECORDS. tion to enforce compliance with this section. Act (15 U.S.C. 717 et seq.) (including section (a) IN GENERAL.—Each holding company SEC. 226. EXEMPTION AUTHORITY. 8 of that Act). and each associate company thereof shall (a) RULEMAKING.—Not later than 90 days SEC. 232. IMPLEMENTATION. maintain, and shall make available to the after the effective date of this subtitle, the Not later than 18 months after the date of Commission, such books, accounts, memo- Commission shall promulgate a final rule to enactment of this subtitle, the Commission randa, and other records as the Commission exempt from the requirements of section 224 shall— deems to be relevant to costs incurred by a any person that is a holding company, solely (1) promulgate such regulations as may be public utility or natural gas company that is with respect to one or more— necessary or appropriate to implement this an associate company of such holding com- (1) qualifying facilities under the Public subtitle (other than section 225); and pany and necessary or appropriate for the Utility Regulatory Policies Act of 1978 (16 (2) submit to the Congress detailed rec- protection of utility customers with respect U.S.C. 2601 et seq.); ommendations on technical and conforming to jurisdictional rates. (2) exempt wholesale generators; or amendments to Federal law necessary to (b) AFFILIATE COMPANIES.—Each affiliate of (3) foreign utility companies. carry out this subtitle and the amendments a holding company or of any subsidiary com- (b) OTHER AUTHORITY.—The Commission made by this subtitle. pany of a holding company shall maintain, shall exempt a person or transaction from SEC. 233. TRANSFER OF RESOURCES. the requirements of section 224, if, upon ap- and shall make available to the Commission, All books and records that relate primarily plication or upon the motion of the Commis- such books, accounts, memoranda, and other to the functions transferred to the Commis- sion— records with respect to any transaction with sion under this subtitle shall be transferred another affiliate, as the Commission deems (1) the Commission finds that the books, from the Securities and Exchange Commis- to be relevant to costs incurred by a public accounts, memoranda, and other records of sion to the Commission. utility or natural gas company that is an as- any person are not relevant to the jurisdic- SEC. 234. INTER-AGENCY REVIEW OF COMPETI- sociate company of such holding company tional rates of a public utility or natural gas TION IN THE WHOLESALE AND RE- and necessary or appropriate for the protec- company; or TAIL MARKETS FOR ELECTRIC EN- tion of utility customers with respect to ju- (2) the Commission finds that any class of ERGY. risdictional rates. transactions is not relevant to the jurisdic- (a) TASK FORCE.—There is established an (c) HOLDING COMPANY SYSTEMS.—The Com- tional rates of a public utility or natural gas inter-agency task force, to be known as the mission may examine the books, accounts, company. ‘‘Electric Energy Market Competition Task memoranda, and other records of any com- SEC. 227. AFFILIATE TRANSACTIONS. Force’’ (referred to in this section as the pany in a holding company system, or any (a) COMMISSION AUTHORITY UNAFFECTED.— ‘‘task force’’), which shall consist of— affiliate thereof, as the Commission deems Nothing in this subtitle shall limit the au- (1) 1 member each from— to be relevant to costs incurred by a public thority of the Commission under the Federal (A) the Department of Justice, to be ap- utility or natural gas company within such Power Act (16 U.S.C. 791a et seq.) to require pointed by the Attorney General of the holding company system and necessary or that jurisdictional rates are just and reason- United States; appropriate for the protection of utility cus- able, including the ability to deny or approve (B) the Federal Energy Regulatory Com- tomers with respect to jurisdictional rates. the pass through of costs, the prevention of mission, to be appointed by the chairman of (d) CONFIDENTIALITY.—No member, officer, cross-subsidization, and the promulgation of that Commission; and or employee of the Commission shall divulge such rules and regulations as are necessary (C) the Federal Trade Commission, to be any fact or information that may come to or appropriate for the protection of utility appointed by the chairman of that Commis- his or her knowledge during the course of ex- consumers. sion; and

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(2) 2 advisory members (who shall not (2) Section 214 of the Federal Power Act (16 (c) TIME FOR ADOPTING STANDARDS.—Sec- vote), of whom— U.S.C. 824m) is amended by striking ‘‘1935’’ tion 113 of the Public Utility Regulatory (A) 1 shall be appointed by the Secretary of and inserting ‘‘2002’’. Policies Act of 1978 (16 U.S.C. 2623) is further Agriculture to represent the Rural Utility Subtitle C—Amendments to the Public Utility amended by adding at the end the following: Service; and Regulatory Policies Act of 1978 ‘‘(d) SPECIAL RULE.—For purposes of imple- (B) 1 shall be appointed by the Chairman of menting paragraphs (6), (7), (8), and (9) of SEC. 241. REAL-TIME PRICING STANDARD. the Securities and Exchange Commission to subsection (b), any reference contained in (a) ADOPTION OF STANDARD.—Section 111(d) this section to the date of enactment of the represent that Commission. of the Public Utility Regulatory Policies Act (b) STUDY AND REPORT.— Public Utility Regulatory Policies Act of of 1978 (16 U.S.C. 2621(d)) is amended by add- (1) STUDY.—The task force shall perform a 1978 shall be deemed to be a reference to the ing at the end the following: study and analysis of the protection and pro- date of enactment of this subsection.’’. ‘‘(11) REAL-TIME PRICING.—(A) Each electric SEC. 243. TECHNICAL ASSISTANCE. motion of competition within the wholesale utility shall, at the request of an electric and retail market for electric energy in the Section 132(c) of the Public Utility Regu- consumer, provide electric service under a latory Policies Act of 1978 (16 U.S.C. 2642(c)) United States. real-time rate schedule, under which the rate (2) REPORT.— is amended to read as follows: charged by the electric utility varies by the ‘‘(c) TECHNICAL ASSISTANCE FOR CERTAIN (A) FINAL REPORT.—Not later than 1 year hour (or smaller time interval) according to RESPONSIBILITIES.—The Secretary may pro- after the effective date of this subtitle, the changes in the electric utility’s wholesale task force shall submit a final report of its vide such technical assistance as he deter- power cost. The real-time pricing service mines appropriate to assist State regulatory findings under paragraph (1) to the Congress. shall enable the electric consumer to man- authorities and electric utilities in carrying (B) PUBLIC COMMENT.—At least 60 days be- age energy use and cost through real-time out their responsibilities under section fore submission of a final report to the Con- metering and communications technology. 111(d)(11) and paragraphs (6), (7), (8), and (9) gress under subparagraph (A), the task force ‘‘(B) For purposes of implementing this of section 113(b).’’. shall publish a draft report in the Federal paragraph, any reference contained in this SEC. 244. COGENERATION AND SMALL POWER Register to provide for public comment. section to the date of enactment of the Pub- PRODUCTION PURCHASE AND SALE (c) FOCUS.—The study required by this sec- lic Utility Regulatory Policies Act of 1978 REQUIREMENTS. tion shall examine— shall be deemed to be a reference to the date (a) TERMINATION OF MANDATORY PURCHASE (1) the best means of protecting competi- of enactment of this paragraph. AND SALE REQUIREMENTS.—Section 210 of the tion within the wholesale and retail electric ‘‘(C) Notwithstanding subsections (b) and Public Utility Regulatory Policies Act of market; (c) of section 112, each State regulatory au- 1978 (16 U.S.C. 824a–3) is amended by adding (2) activities within the wholesale and re- thority shall consider and make a deter- at the end the following: tail electric market that may allow unfair mination concerning whether it is appro- ‘‘(m) TERMINATION OF MANDATORY PUR- and unjustified discriminatory and deceptive priate to implement the standard set out in CHASE AND SALE REQUIREMENTS.— practices; ‘‘(1) IN GENERAL.—After the date of enact- subparagraph (A) not later than one year (3) activities within the wholesale and re- ment of this subsection, no electric utility after the date of enactment of this para- tail electric market, including mergers and shall be required to enter into a new con- graph.’’. acquisitions, that deny market access or tract or obligation to purchase or sell elec- ‘‘(b) SPECIAL RULES FOR REAL-TIME PRICING suppress competition; tric energy under this section. STANDARD.—Section 115 of the Public Utility ‘‘(2) NO EFFECT ON EXISTING RIGHTS AND (4) cross-subsidization that may occur be- Regulatory Policies Act of 1978 (16 U.S.C. REMEDIES.—Nothing in this subsection af- tween regulated and nonregulated activities; 2625) is amended by adding at the end the fol- and fects the rights or remedies of any party lowing: with respect to the purchase or sale of elec- (5) the role of State public utility commis- ‘‘(i) REAL-TIME PRICING.—In a state that sions in regulating competition in the whole- tric energy or capacity from or to a facility permits third-party marketers to sell elec- under this section under any contract or ob- sale and retail electric market. tric energy to retail electric consumers, the (d) CONSULTATION.—In performing the ligation to purchase or to sell electric en- electric consumer shall be entitled to receive ergy or capacity on the date of enactment of study required by this section, the task force the same real-time metering and commu- shall consult with and solicit comments this subsection, including— nication service as a direct retail electric ‘‘(A) the right to recover costs of pur- from its advisory members, the States, rep- consumer of the electric utility.’’. resentatives of the electric power industry, chasing such electric energy or capacity; and SEC. 242. ADOPTION OF ADDITIONAL STAND- ‘‘(B) in States without competition for re- and the public. ARDS. SEC. 235. GAO STUDY ON IMPLEMENTATION. tail electric supply, the obligation of a util- (a) ADOPTION OF STANDARDS.—Section ity to provide, at just and reasonable rates (a) STUDY.—The Comptroller General shall 113(b) of the Public Utility Regulatory Poli- conduct a study of the success of the Federal for consumption by a qualifying small power cies Act of 1978 (16 U.S.C. 2623(b)) is amended production facility or a qualifying cogenera- Government and the States during the 18- by adding at the end the following: tion facility, backup, standby, and mainte- month period following the effective date of ‘‘(6) DISTRIBUTED GENERATION.—Each elec- nance power. this subtitle in— tric utility shall provide distributed genera- ‘‘(3) RECOVERY OF COSTS.— (1) the prevention of anticompetitive prac- tion, combined heat and power, and district ‘‘(A) REGULATION.—To ensure recovery by tices and other abuses by public utility hold- heating and cooling systems competitive ac- an electric utility that purchases electric en- ing companies, including cross-subsidization cess to the local distribution grid and com- ergy or capacity from a qualifying facility and other market power abuses; and petitive pricing of service, and shall use sim- pursuant to any legally enforceable obliga- (2) the promotion of competition and effi- plified standard contracts for the inter- tion entered into or imposed under this sec- cient energy markets to the benefit of con- connection of generating facilities that have tion before the date of enactment of this sub- sumers. a power production capacity of 250 kilowatts section, of all prudently incurred costs asso- (b) REPORT TO CONGRESS.—Not earlier than or less. ciated with the purchases, the Commission 18 months after the effective date of this sub- ‘‘(7) DISTRIBUTION INTERCONNECTIONS.—No shall issue and enforce such regulations as title or later than 24 months after that effec- electric utility may refuse to interconnect a may be required to ensure that the electric tive date, the Comptroller General shall sub- generating facility with the distribution fa- utility shall collect the prudently incurred mit a report to the Congress on the results of cilities of the electric utility if the owner or costs associated with such purchases. the study conducted under subsection (a), in- operator of the generating facility complies ‘‘(B) ENFORCEMENT.—A regulation under cluding probable causes of its findings and with technical standards adopted by the subparagraph (A) shall be enforceable in ac- recommendations to the Congress and the State regulatory authority and agrees to pay cordance with the provisions of law applica- States for any necessary legislative changes. the costs established by such State regu- ble to enforcement of regulations under the SEC. 236. EFFECTIVE DATE. latory authority. Federal Power Act (16 U.S.C. 791a et seq.).’’. This subtitle shall take effect 18 months ‘‘(8) MINIMUM FUEL AND TECHNOLOGY DIVER- (b) ELIMINATION OF OWNERSHIP LIMITA- after the date of enactment of this subtitle. SITY STANDARD.—Each electric utility shall TIONS.— SEC. 237. AUTHORIZATION OF APPROPRIATIONS. develop a plan to minimize dependence on (1) Section 3(17)(C) of the Federal Power There are authorized to be appropriated one fuel source and to ensure that the elec- Act (16 U.S.C. 796(17)(C)) is amended to read such funds as may be necessary to carry out tric energy it sells to consumers is generated as follows: this subtitle. using a diverse range of fuels and tech- ‘‘(C) ‘qualifying small power production fa- SEC. 238. CONFORMING AMENDMENTS TO THE nologies, including renewable technologies. cility’ means a small power production facil- FEDERAL POWER ACT. ‘‘(9) FOSSIL FUEL EFFICIENCY.—Each elec- ity that the Commission determines, by rule, (a) CONFLICT OF JURISDICTION.—Section 318 tric utility shall develop and implement a meets such requirements (including require- of the Federal Power Act (16 U.S.C. 825q) is ten-year plan to increase the efficiency of its ments respecting minimum size, fuel use, repealed. fossil fuel generation and shall monitor and and fuel efficiency) as the Commission may, (b) DEFINITIONS.— report to its State regulatory authority ex- by rule, prescribe.’’. (1) Section 201(g) of the Federal Power Act cessive greenhouse gas emissions resulting (2) Section 3(18)(B) of the Federal Power (16 U.S.C. 824(g)) is amended by striking from the inefficient operation of its fossil Act (16 U.S.C. 796(18)(B)) is amended to read ‘‘1935’’ and inserting ‘‘2002’’. fuel generating plants.’’. as follows:

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1269 ‘‘(B) ‘qualifying cogeneration facility’ for the appropriate charges for the billing pe- permitting access to consumer information means a cogeneration facility that the Com- riod in accordance with paragraph (2); and referred to in subsection (a) for any of the mission determines, by rule, meets such re- ‘‘(B) the owner or operator of the on-site following purposes— quirements (including requirements respect- generating facility shall be credited for the (1) to facilitate an electric consumer’s ing minimum size, fuel use, and fuel effi- excess kilowatt-hours generated during the change in selection of an electric utility ciency) as the Commission may, by rule, pre- billing period, with the kilowatt-hour credit under procedures approved by the State or scribe.’’. appearing on the bill for the following billing State regulatory authority; SEC. 245. NET METERING. period. (2) to initiate, render, bill, or collect for Title VI of the Public Utility Regulatory ‘‘(d) SAFETY AND PERFORMANCE STAND- the sale or delivery of electric energy to Policies Act of 1978 is amended by adding at ARDS.— electric consumers or for related services; the end the following: ‘‘(1) An eligible on-site generating facility (3) to protect the rights or property of the ‘‘SEC. 605. NET METERING FOR RENEWABLE EN- and net metering system used by an electric person obtaining such information; ERGY AND FUEL CELLS. consumer shall meet all applicable safety, (4) to protect retail electric consumers ‘‘(a) DEFINITIONS.—For purposes of this sec- performance, reliability, and interconnec- from fraud, abuse, and unlawful subscription tion: tion standards established by the National in the sale or delivery of electric energy to ‘‘(1) The term ‘eligible on-site generating Electrical Code, the Institute of Electrical such consumers; facility’ means— and Electronics Engineers, and Underwriters (5) for law enforcement purposes; or ‘‘(A) a facility on the site of a residential Laboratories. (6) for purposes of compliance with any electric consumer with a maximum gener- ‘‘(2) The Commission, after consultation Federal, State, or local law or regulation au- ating capacity of 10 kilowatts or less that is with State regulatory authorities and non- thorizing disclosure of information to a Fed- fueled by solar energy, wind energy, or fuel regulated electric utilities and after notice eral, State, or local agency. cells; or and opportunity for comment, may adopt, by (c) AGGREGATE CONSUMER INFORMATION.— ‘‘(B) a facility on the site of a commercial rule, additional control and testing require- The rules issued under this subsection may electric consumer with a maximum gener- ments for on-site generating facilities and permit a person to use, disclose, and permit ating capacity of 500 kilowatts or less that is net metering systems that the Commission access to aggregate consumer information fueled solely by a renewable energy resource, determines are necessary to protect public and may require an electric utility to make landfill gas, or a high efficiency system. safety and system reliability. such information available to other electric ‘‘(2) The term ‘renewable energy resource’ ‘‘(e) APPLICATION.—This section applies to utilities upon request and payment of a rea- means solar, wind, biomass, or geothermal each electric utility during any calendar sonable fee. energy. year in which the total sales of electric en- (d) DEFINITIONS.—As used in this section: ‘‘(3) The term ‘high efficiency system’ ergy by such utility for purposes other than (1) The term ‘‘aggregate consumer infor- means fuel cells or combined heat and power. resale exceeded 1,000,000,000 kilowatt-hours mation’’ means collective data that relates ‘‘(4) The term ‘net metering service’ means during the preceding calendar year.’’. to a group or category of retail electric con- service to an electric consumer under which Subtitle D—Consumer Protections sumers, from which individual consumer electric energy generated by that electric SEC. 251. INFORMATION DISCLOSURE. identities and characteristics have been re- consumer from an eligible on-site generating moved. facility and delivered to the local distribu- (a) OFFERS AND SOLICITATIONS.—The Fed- eral Trade Commission shall issue rules re- (2) The term ‘‘consumer information’’ tion facilities may be used to offset electric means information that relates to the quan- energy provided by the electric utility to the quiring each electric utility that makes an offer to sell electric energy, or solicits elec- tity, technical configuration, type, destina- electric consumer during the applicable bill- tion, or amount of use of electric energy de- ing period. tric consumers to purchase electric energy to provide the electric consumer a statement livered to any retail electric consumer. ‘‘(b) REQUIREMENT TO PROVIDE NET METER- SEC. 253. UNFAIR TRADE PRACTICES. ING SERVICE.—Each electric utility shall containing the following information— (1) the nature of the service being offered, (a) SLAMMING.—The Federal Trade Com- make available upon request net metering mission shall issue rules prohibiting the service to an electric consumer that the including information about interruptibility change of selection of an electric utility ex- electric utility serves. of service; cept with the informed consent of the elec- ‘‘(c) RATES AND CHARGES.— (2) the price of the electric energy, includ- ‘‘(1) IDENTICAL CHARGES.—An electric util- ing a description of any variable charges; tric consumer. ity— (3) a description of all other charges associ- (b) CRAMMING.—The Federal Trade Com- ‘‘(A) shall charge the owner or operator of ated with the service being offered, including mission shall issue rules prohibiting the sale an on-site generating facility rates and access charges, exit charges, back-up service of goods and services to an electric consumer charges that are identical to those that charges, stranded cost recovery charges, and unless expressly authorized by law or the would be charged other electric consumers of customer service charges; and electric consumer. the electric utility in the same rate class; (4) information the Federal Trade Commis- SEC. 254. APPLICABLE PROCEDURES. and sion determines is technologically and eco- The Federal Trade Commission shall pro- ‘‘(B) shall not charge the owner or operator nomically feasible to provide, is of assist- ceed in accordance with section 553 of title 5, of an on-site generating facility any addi- ance to electric consumers in making pur- United States Code, when prescribing a rule tional standby, capacity, interconnection, or chasing decisions, and concerns— required by this subtitle. other rate or charge. (A) the product or its price; SEC. 255. FEDERAL TRADE COMMISSION EN- ‘‘(2) MEASUREMENT.—An electric utility (B) the share of electric energy that is gen- FORCEMENT. that sells electric energy to the owner or op- erated by each fuel type; and Violation of a rule issued under this sub- erator of an on-site generating facility shall (C) the environmental emissions produced title shall be treated as a violation of a rule measure the quantity of electric energy pro- in generating the electric energy. under section 18 of the Federal Trade Com- duced by the on-site facility and the quan- (b) PERIODIC BILLINGS.—The Federal Trade mission Act (15 U.S.C. 57a) respecting unfair tity of electric energy consumed by the Commission shall issue rules requiring any or deceptive acts or practices. All functions owner or operator of an on-site generating electric utility that sells electric energy to and powers of the Federal Trade Commission facility during a billing period in accordance transmit to each of its electric consumers, in under such Act are available to the Federal with normal metering practices. addition to the information transmitted pur- Trade Commission to enforce compliance ‘‘(3) ELECTRIC ENERGY SUPPLIED EXCEEDING suant to section 115(f) of the Public Utility with this subtitle notwithstanding any juris- ELECTRIC ENERGY GENERATED.—If the quan- Regulatory Policies Act of 1978 (16 U.S.C. dictional limits in such Act. tity of electric energy sold by the electric 2625(f)), a clear and concise statement con- SEC. 256. STATE AUTHORITY. utility to an on-site generating facility ex- taining the information described in sub- Nothing in this subtitle shall be construed ceeds the quantity of electric energy sup- section (a)(4) for each billing period (unless to preclude a State or State regulatory au- plied by the on-site generating facility to the such information is not reasonably ascer- thority from prescribing and enforcing addi- electric utility during the billing period, the tainable by the electric utility). tional laws, rules, or procedures regarding electric utility may bill the owner or oper- SEC. 252. CONSUMER PRIVACY. the practices which are the subject of this ator for the net quantity of electric energy (a) PROHIBITION.—The Federal Trade Com- section, so long as such laws, rules, or proce- sold, in accordance with normal metering mission shall issue rules prohibiting any dures are not inconsistent with the provi- practices. electric utility that obtains consumer infor- sions of this section or with any rule pre- ‘‘(4) ELECTRIC ENERGY GENERATED EXCEED- mation in connection with the sale or deliv- scribed by the Federal Trade Commission ING ELECTRIC ENERGY SUPPLIED.—If the quan- ery of electric energy to an electric con- pursuant to it. tity of electric energy supplied by the on-site sumer from using, disclosing, or permitting SEC. 257. APPLICATION OF SUBTITLE. generating facility to the electric utility ex- access to such information unless the elec- The provisions of this subtitle apply to ceeds the quantity of electric energy sold by tric consumer to whom such information re- each electric utility if the total sales of elec- the electric utility to the on-site generating lates provides prior written approval. tric energy by such utility for purposes other facility during the billing period— (b) PERMITTED USE.—The rules issued than resale exceed 500 million kilowatt- ‘‘(A) the electric utility may bill the owner under this section shall not prohibit any hours per calendar year. The provisions of or operator of the on-site generating facility electric utility from using, disclosing, or this subtitle do not apply to the operations

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1270 CONGRESSIONAL RECORD — SENATE February 27, 2002 of an electric utility to the extent that such meets the requirements of this section, as majority owned, directly or indirectly, by an operations relate to sales of electric energy determined by the Secretary, the incre- Indian tribe. For purposes of this subsection, for purposes of resale. mental hydropower program shall be eligible the term ‘‘Indian tribe’’ means any Indian SEC. 258. DEFINITIONS. to receive incentive payments under this tribe, band, nation, or other organized group As used in this subtitle: section. or community, including any Alaska Native (1) The term ‘‘aggregate consumer infor- ‘‘(2) DEFINITION OF INCREMENTAL HYDRO- village or regional or village corporation as mation’’ means collective data that relates POWER.—In this subsection, the term ‘incre- defined in or established pursuant to the to a group or category of electric consumers, mental hydropower’ means additional gener- Alaska Native Claims Settlement Act (43 from which individual consumer identities ating capacity achieved from increased effi- U.S.C. 1601 et seq.), which is recognized as el- and identifying characteristics have been re- ciency or additions of new capacity at a hy- igible for the special programs and services moved. droelectric facility in existence on the date provided by the United States to Indians be- (2) The term ‘‘consumer information’’ of enactment of this paragraph. cause of their status as Indians. means information that relates to the quan- ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— SEC. 264. RURAL CONSTRUCTION GRANTS. tity, technical configuration, type, destina- ‘‘(1) IN GENERAL.—Subject to paragraph (2), Section 313 of the Rural Electrification Act tion, or amount of use of electric energy de- there are authorized to be appropriated such of 1936 (7 U.S.C. 940c) is amended by adding livered to an electric consumer. sums as may be necessary to carry out this after subsection (b) the following: (3) The terms ‘‘electric consumer’’, ‘‘elec- section for fiscal years 2003 through 2023. ‘‘(c) RURAL AND REMOTE COMMUNITIES tric utility’’, and ‘‘State regulatory author- ‘‘(2) LIMITATION ON FUNDS USED FOR INCRE- ELECTRIFICATION GRANTS.—The Secretary of ity’’ have the meanings given such terms in MENTAL HYDROPOWER PROGRAMS.—Not more Agriculture, in consultation with the Sec- section 3 of the Public Utility Regulatory than 30 percent of the amounts made avail- retary of Energy and the Secretary of the In- Policies Act of 1978 (16 U.S.C. 2602). able under paragraph (1) shall be used to terior, may provide grants to eligible bor- rowers under this Act for the purpose of in- Subtitle E—Renewable Energy and Rural carry out programs described in subsection creasing energy efficiency, siting or upgrad- Construction Grants (g)(2). ‘‘(3) AVAILABILITY OF FUNDS.—Funds made ing transmission and distribution lines, or SEC. 261. RENEWABLE ENERGY PRODUCTION IN- providing or modernizing electric facilities CENTIVE. available under paragraph (1) shall remain for— (a) INCENTIVE PAYMENTS.—Section 1212(a) available until expended.’’. ‘‘(1) a unit of local government of a State of the Energy Policy Act of 1992 (42 U.S.C. SEC. 262. ASSESSMENT OF RENEWABLE ENERGY 13317(a)) is amended by striking ‘‘and which RESOURCES. or territory; or satisfies’’ and all that follows through ‘‘Sec- (a) RESOURCE ASSESSMENT.—Not later than ‘‘(2) an Indian tribe or Tribal College or retary shall establish.’’ and inserting the fol- 3 months after the date of enactment of this University as defined in section 316(b)(3) of lowing: ‘‘. The Secretary shall establish title, and each year thereafter, the Secretary the Higher Education Act (20 U.S.C. other procedures necessary for efficient ad- of Energy shall review the available assess- 1059c(b)(3)). ‘‘(d) GRANT CRITERIA.—The Secretary shall ministration of the program. The Secretary ments of renewable energy resources avail- make grants based on a determination of shall not establish any criteria or procedures able within the United States, including cost-effectiveness and most effective use of that have the effect of assigning to proposals solar, wind, biomass, ocean, geothermal, and a higher or lower priority for eligibility or hydroelectric energy resources, and under- the funds to achieve the stated purposes of allocation of appropriated funds on the basis take new assessments as necessary, taking this section. ‘‘(e) PREFERENCE.—In making grants under of the energy source proposed.’’. into account changes in market conditions, this section, the Secretary shall give a pref- (b) QUALIFIED RENEWABLE ENERGY FACIL- available technologies and other relevant erence to renewable energy facilities. ITY.—Section 1212(b) of the Energy Policy factors. ‘‘(f) DEFINITION.—For purposes of this sec- Act of 1992 (42 U.S.C. 13317(b)) is amended— (b) CONTENTS OF REPORTS.—Not later than tion, the term ‘Indian tribe’ means any In- (1) by striking ‘‘a State or any political’’ one year after the date of enactment of this dian tribe, band, nation, or other organized and all that follows through ‘‘nonprofit elec- title, and each year thereafter, the Secretary group or community, including any Alaska trical cooperative’’ and inserting the fol- shall publish a report based on the assess- Native village or regional or village corpora- lowing: ‘‘an electricity-generating coopera- ment under subsection (a). The report shall tion as defined in or established pursuant to tive exempt from taxation under section contain— the Alaska Native Claims Settlement Act (43 501(c)(12) or section 1381(a)(2)(C) of the Inter- (1) a detailed inventory describing the U.S.C. 1601 et seq.), which is recognized as el- nal Revenue Code of 1986, a public utility de- available amount and characteristics of the igible for the special programs and services scribed in section 115 of such Code, a State, renewable energy resources, and provided by the United States to Indians be- Commonwealth, territory, or possession of (2) such other information as the Secretary cause of their status as Indians; the United States or the District of Colum- of Energy believes would be useful in devel- (e) AUTHORIZATION.—For the purpose of bia, or a political subdivision thereof, or an oping such renewable energy resources, in- carrying out subsection (c), there are author- Indian tribal government or subdivision cluding descriptions of surrounding terrain, ized to be appropriated to the Secretary thereof,’’; and population and load centers, nearby energy $20,000,000 for each of the seven fiscal years (2) by inserting ‘‘landfill gas, incremental infrastructure, location of energy and water following the date of enactment of this sub- hydropower, ocean’’ after ‘‘wind, biomass,’’. resources, and available estimates of the section.’’. (c) ELIGIBILITY WINDOW.—Section 1212(c) of costs needed to develop each resource. SEC. 265. RENEWABLE PORTFOLIO STANDARD. the Energy Policy Act of 1992 (42 U.S.C. SEC. 263. FEDERAL PURCHASE REQUIREMENT. 13317(c)) is amended by striking ‘‘during the Title VI of the Public Utility Regulatory (a) REQUIREMENT.—The President shall en- 10-fiscal year period beginning with the first Policies Act of 1978 is further amended by sure that, of the total amount of electric en- full fiscal year occurring after the enact- adding at the end the following: ergy the federal government consumes dur- ment of this section’’ and inserting ‘‘before SEC. 606. FEDERAL RENEWABLE PORTFOLIO ing any fiscal year— October 1, 2013’’. STANDARD. (1) not less than 3 percent in fiscal years (d) PAYMENT PERIOD.—Section 1212(d) of ‘‘(a) MINIMUM RENEWABLE GENERATION RE- the Energy Policy Act of 1992 (42 U.S.C. 2003 through 2004, QUIREMENT.—For each calendar year begin- 13317(d)) is amended by inserting ‘‘or in (2) not less than 5 percent in fiscal years ning with 2003, each retail electric supplier which the Secretary finds that all necessary 2005 through 2009, and shall submit to the Secretary renewable en- Federal and State authorizations have been (3) not less than 7.5 percent in fiscal year ergy credits in an amount equal to the re- obtained to begin construction of the facil- 2010 and each fiscal year thereafter— quired annual percentage, specified in sub- ity’’ after ‘‘eligible for such payments’’. shall be renewable energy. The President section (b), of the total electric energy sold (e) AMOUNT OF PAYMENT.—Section 1212(e)(1) shall encourage the use of innovative pur- by the retail electric supplier to electric con- of the Energy Policy Act of 1992 (42 U.S.C. chasing practices, including aggregation and sumers in the calendar year. The retail elec- 13317(e)(1)) is amended by inserting ‘‘landfill the use of renewable energy derivatives, by tric supplier shall make this submission be- gas, incremental hydropower, ocean’’ after federal agencies. fore April 1 of the following calendar year. ‘‘wind, biomass,’’. (b) DEFINITION.—For purposes of this sec- ‘‘(b) REQUIRED ANNUAL PERCENTAGE.— (f) SUNSET.—Section 1212(f) of the Energy tion, the term ‘‘renewable energy’’ means ‘‘(1) For calendar years 2003 and 2004, the Policy Act of 1992 (42 U.S.C. 13317(f)) is electric energy generated from solar, wind, required annual percentage shall be deter- amended by striking ‘‘the expiration of’’ and biomass, geothermal, fuel cells, or additional mined by the Secretary in an amount less all that follows through ‘‘of this section’’ hydroelectric generation capacity achieved than the amount in paragraph (2); and inserting ‘‘September 30, 2023’’. from increased efficiency or additions of new ‘‘(2) For calendar year 2005 the required an- (g) INCREMENTAL HYDROPOWER; AUTHORIZA- capacity at an existing hydroelectric dam. nual percentage shall be 2.5 percent of the re- TION OF APPROPRIATIONS.—Section 1212 of the (c) TRIBAL POWER GENERATION.—To the tail electric supplier’s base amount; and Energy Policy Act of 1992 (42 U.S.C. 13317) is maximum extent practicable, the President ‘‘(3) For each calendar year from 2006 further amended by striking subsection (g) shall ensure that not less than one-tenth of through 2020, the required annual percentage and inserting the following: the amount specified in subsection (a) shall of the retail electric supplier’s base amount ‘‘(g) INCREMENTAL HYDROPOWER.— be renewable energy that is generated by an shall be .5 percent greater than the required ‘‘(1) PROGRAMS.—Subject to subsection Indian tribe or by a corporation, partnership, annual percentage for the calendar year im- (h)(2), if an incremental hydropower program or business association which is wholly or mediately preceding.

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‘‘(c) SUBMISSION OF CREDITS.—(1) A retail this Act, the retail electric supplier is treat- ‘‘(4) The term ‘Indian land’ means— electric supplier may satisfy the require- ed as the generator of the electric energy for (A) any land within the limits of any In- ments of subsection (a) through the submis- the purposes of this section for the duration dian reservation, pueblo or rancheria, sion of— of the contract. ‘‘(B) any land not within the limits of any ‘‘(A) renewable energy credits issued under ‘‘(e) CREDIT TRADING.—A renewable energy Indian reservation, pueblo or rancheria title subsection (d) for renewable energy gen- credit may be sold or exchanged by the enti- to which was on the date of enactment of erated by the retail electric supplier in the ty to whom issued or by any other entity this paragraph either held by the United calendar year for which credits are being who acquires the credit. A renewable energy States for the benefit of any Indian tribe or submitted or any of the two previous cal- credit for any year that is not used to satisfy individual or held by any Indian tribe or in- endar years; the minimum renewable generation require- dividual subject to restriction by the United ‘‘(B) renewable energy credits obtained by ment of subsection (a) for that year may be States against alienation, purchase or exchange under subsection (e); carried forward for use in another year. ‘‘(C) any dependent Indian community, and ‘‘(C) renewable energy credits borrowed ‘‘(f) CREDIT BORROWING.—At any time be- ‘‘(D) any land conveyed to any Alaska Na- against future years under subsection (f); or fore the end of calendar year 2003, a retail tive corporation under the Alaska Native ‘‘(D) any combination of credits under sub- electric supplier that has reason to believe Claims Settlement Act. paragraphs (A), (B), and (C). that it will not have sufficient renewable en- ‘‘(5) The term ‘Indian tribe’ means any In- ‘‘(2) A credit may be counted toward com- ergy credits to comply with subsection (a) dian tribe, band, nation, or other organized pliance with subsection (a) only once. may— group or community, including any Alaska ‘‘(d) ISSUANCE OF CREDITS.—(1) The Sec- ‘‘(1) submit a plan to the Secretary dem- Native village or regional or village corpora- retary shall establish, not later than one onstrating that the retail electric supplier tion as defined in or established pursuant to year after the date of enactment of this sec- will earn sufficient credits within the next 3 the Alaska Native Claims Settlement Act (43 tion, a program to issue, monitor the sale or calendar years which, when taken into ac- U.S.C. 1601 et seq.), which is recognized as el- exchange of, and track renewable energy count, will enable the retail electric supplier igible for the special programs and services credits. to meet the requirements of subsection (a) provided by the United States to Indians be- ‘‘(2) Under the program, an entity that for calendar year 2003 and the calendar year cause of their status as Indians. generates electric energy through the use of involved; and ‘‘(6) The term ‘renewable energy’ means a renewable energy resource may apply to (2) upon the approval of the plan by the electric energy generated by a renewable en- the Secretary for the issuance of renewable Secretary, apply credits that the plan dem- ergy resource. energy credits. The application shall indi- onstrates will be earned within the next 3 ‘‘(7) The term ‘renewable energy resource’ cate— calendar years to meet the requirements of means solar, wind, biomass, ocean, or geo- ‘‘(A) the type of renewable energy resource subsection (a) for each calendar year in- thermal energy, a generation offset, or incre- used to produce the electricity, volved. mental hydropower facility. ‘‘(B) the location where the electric energy ‘‘(g) ENFORCEMENT.—The Secretary may ‘‘(8) The term ‘repowering or cofiring in- was produced, and bring an action in the appropriate United crement’ means the additional generation ‘‘(C) any other information the Secretary States district court to impose a civil pen- from a modification that is placed in service determines appropriate. alty on a retail electric supplier that does on or after January 1, 2002 to expand elec- ‘‘(3)(A) Except as provided in paragraphs not comply with subsection (a). A retail elec- tricity production at a facility used to gen- (B) and (C), the Secretary shall issue to an tric supplier who does not submit the re- erate electric energy from a renewable en- entity one renewable energy credit for each quired number of renewable energy credits ergy resource or to cofire biomass that was kilowatt-hour of electric energy the entity under subsection (a) is subject to a civil pen- placed in service before January 1, 2002. generates in calendar year 2002 and any suc- alty of not more than 3 cents each for the re- ‘‘(9) The term ‘retail electric supplier’ ceeding year through the use of a renewable newable energy credits not submitted. means a person, State agency, or Federal ‘‘(h) INFORMATION COLLECTION.—The Sec- energy resource at an eligible facility. agency that sells electric energy to electric ‘‘(B) For incremental hydropower the cred- retary may collect the information nec- consumers and sold not less than 500,000,000 its shall be calculated based on a normalized essary to verify and audit— kilowatt-hours of electric energy to electric annual capacity factor for each facility, and ‘‘(1) the annual electric energy generation consumers for purposes other than resale not actual generation. The calculation of the and renewable energy generation of any enti- during the preceding calendar year. credits for incremental hydropower shall not ty applying for renewable energy credits ‘‘(10) The term ‘retail electric supplier’s be based on any operational changes at the under this section, base amount’ means the total amount of hydroelectric facility not directly associated ‘‘(2) the validity of renewable energy cred- electric energy sold by the retail electric with the efficiency improvements or capac- its submitted by a retail electric supplier to supplier to electric customers during the ity additions. the Secretary, and most recent calendar year for which infor- ‘‘(C) The Secretary shall issue two renew- ‘‘(3) the quantity of electricity sales of all mation is available, excluding electric en- able energy credits for each kilowatt-hour of retail electric suppliers. ergy generated by a renewable energy re- electric energy generated in calendar year ‘‘(i) ENVIRONMENTAL SAVINGS CLAUSE.—In- source, landfill gas, or a hydroelectric facil- 2002 and any succeeding year through the use cremental hydropower shall be subject to all ity. of a renewable energy resource at an eligible applicable environmental laws and licensing ‘‘(l) SUNSET.—Subsection (a) of this section facility located on Indian land. For purposes and regulatory requirements. expires December 31, 2020.’’. of this paragraph, renewable energy gen- ‘‘(j) STATE SAVINGS CLAUSE.—This section erated by biomass cofired with other fuels is does not preclude a State from requiring ad- SEC. 266. RENEWABLE ENERGY ON FEDERAL eligible for two credits only if the biomass ditional renewable energy generation in that LAND. was grown on the land eligible under this State. (a) COST-SHARE DEMONSTRATION PRO- paragraph. ‘‘(k) DEFINITIONS.—For purposes of this GRAM.—Within 12 months after the date of ‘‘(D) To be eligible for a renewable energy section— enactment of this section, the Secretaries of credit, the unit of electric energy generated ‘‘(1) The term ‘eligible facility’ means— the Interior, Agriculture, and Energy shall through the use of a renewable energy re- ‘‘(A) a facility for the generation of elec- develop guidelines for a cost-share dem- source may be sold or may be used by the tric energy from a renewable energy resource onstration program for the development of generator. If both a renewable energy re- that is placed in service on or after January wind and solar energy facilities on Federal source and a non-renewable energy resource 1, 2002; or land. are used to generate the electric energy, the ‘‘(B) a repowering or cofiring increment (b) DEFINITION OF FEDERAL LAND.—As used Secretary shall issue credits based on the that is placed in service on or after January in this section, the term ‘‘Federal land’’ proportion of the renewable energy resource 1, 2002 at a facility for the generation of elec- means land owned by the United States that used. The Secretary shall identify renewable tric energy from a renewable energy resource is subject to the operation of the mineral energy credits by type and date of genera- that was placed in service before January 1, leasing laws; and is either: tion. 2002. (1) public land as defined in section 103(e) ‘‘(4) In order to receive a renewable energy An eligible facility does not have to be inter- of the Federal Land Policy and Management credit, the recipient of a renewable energy connected to the transmission or distribu- Act of 1976 (42 U.S.C. 1702(e)); or credit shall pay a fee, calculated by the Sec- tion system facilities of an electric utility. (2) a unit of the National Forest System as retary, in an amount that is equal to the ad- ‘‘(2) The term ‘generation offset’ means re- that term is used in section 11(a) of the For- ministrative costs of issuing, recording, duced electricity usage metered at a site est and Rangeland Renewable Resources monitoring the sale or exchange of, and where a customer consumes electricity from Planning Act of 1974 (16 U.S.C. 1609(a)). tracking the credit. The Secretary shall re- a renewable energy technology. (c) RIGHTS-OF-WAYS.—The demonstration tain the fee and use it to pay these adminis- ‘‘(3) The term ‘incremental hydropower’ program shall provide for the issuance of trative costs. means additional generation capacity rights-of-way pursuant to the provisions of ‘‘(5) When a generator sells electric energy achieved from increased efficiency or addi- title V of the Federal Land Policy and Man- generated through the use of a renewable en- tions of capacity after January 1, 2002 at a agement Act of 1976 (43 U.S.C. 1761 et seq.) by ergy resource to a retail electric supplier hydroelectric dam that was placed in service the Secretary of the Interior with respect to under a contract subject to section 210 of before January 1, 2002. Federal land under the jurisdiction of the

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1272 CONGRESSIONAL RECORD — SENATE February 27, 2002 Department of the Interior, and by the Sec- (C) any problems, including environmental evidence provided by the party proposing retary of Agriculture with respect to federal concerns, which the Secretary of the Interior such alternative, that the alternative— lands under the jurisdiction of the Depart- or the Secretary of Agriculture have encoun- ‘‘(A) will be no less effective than the ment of Agriculture. tered in managing wind or solar energy fishway initially prescribed by the Sec- (d) AVAILABLE SITES.—For purposes of this projects on Federal land, or believe are like- retary, and demonstration program, the issuance of ly to arise in relation to the development of ‘‘(B) will either— rights-of-way shall be limited to areas: wind or solar energy on Federal land; ‘‘(i) cost less to implement, or (1) of high energy potential for wind or (3) a list, developed in consultation with ‘‘(ii) result in improved operation of the solar development; the Secretaries of Energy and Defense, of project works for electricity production, (2) that have been identified by the wind or lands under the jurisdiction of the Depart- as compared to the fishway initially pre- solar energy industry, through a process of ments of Energy and Defense that would be scribed by the Secretary. nomination, application, or otherwise, as suitable for development for wind or solar ‘‘(3) Within 1 year after the enactment of being of particular interest to one or both in- energy, and recommended statutory and reg- this subsection, the Secretary of the Interior dustries; ulatory mechanisms for such development; and the Secretary of Commerce shall each, (3) that are not located within roadless and by rule, establish a process to expeditiously areas; (4) an analysis, developed in consultation resolve conflicts arising under this sub- (4) where operation of wind or solar facili- with the Secretaries of Energy and Com- section.’’. ties would be compatible with the scenic, merce, of the potential for development of SEC. 302. CHARGES FOR TRIBAL LANDS. recreational, environmental, cultural, or his- wind, solar, and ocean energy on the Outer Section 10(e)(1) of the Federal Power Act toric values of the Federal land, and would Continental Shelf, along with recommended (16 U.S.C. 803(e)(1)) is amended by inserting not require the construction of new roads for statutory and regulatory mechanisms for after the second proviso the following: ‘‘Pro- the siting of lines or other transmission fa- such development. vided further, That the Commission shall not cilities; and TITLE III—HYDROELECTRIC issue a new or original license for projects (5) where issuance of the right-of-way is RELICENSING involving tribal lands embraced within In- consistent with the land and resource man- dian reservations until annual charges re- agement plans of the relevant land manage- SEC. 301. ALTERNATIVE MANDATORY CONDI- quired under this section have been fixed.’’. TIONS AND FISHWAYS. ment agencies. SEC. 303. DISPOSITION OF HYDROELECTRIC (a) ALTERNATIVE MANDATORY CONDITIONS.— (e) COST-SHARE PAYMENTS BY DOE.—The CHARGES. Section 4 of the Federal Power Act (16 U.S.C. Secretary of Energy, in cooperation with the Section 17 of the Federal Power Act (16 797) is amended by adding at the end the fol- Secretary of the Interior with respect to U.S.C. 810) is amended by striking ‘‘to be ex- Federal land under the jurisdiction of the lowing: pended under the direction of the Secretary ‘‘(h)(1) Whenever any person applies for a Department of the Interior, and the Sec- of the Army in the maintenance and oper- license for any project works within any res- retary of Agriculture with respect to Federal ation of dams and other navigation struc- land under the jurisdiction of the Depart- ervation of the United States, and the Sec- tures owned by the United States or in the ment of Agriculture, shall determine if the retary of the department under whose super- construction, maintenance, or operation of portion of a project on federal land is eligible vision such reservation falls deems a condi- headwater or other improvements of navi- for financial assistance pursuant to this sec- tion to such license to be necessary under gable waters of the United States.’’ and in- tion. Only those projects that are consistent the first proviso of subsection (e), the license serting the following: ‘‘to be expended in the with the requirements of this section and applicant or any other party to the licensing following manner on an annual basis: (A) further the purposes of this section shall be proceeding may propose an alternative con- fifty-percent of the funds shall be expended eligible. In the event a project is selected for dition. by the Secretary of the Interior pursuant to financial assistance, the Secretary of Energy ‘‘(2) Notwithstanding the first proviso of a grant program to be established by the shall provide no more than 15 percent of the subsection (e), the Secretary of the depart- Secretary to support collaborative watershed costs of the project on the federal land, and ment under whose supervision the reserva- restoration and education activities in- the remainder of the costs shall be paid by tion falls shall accept the proposed alter- tended to promote the recovery of candidate, non-Federal sources. native condition referred to in paragraph (1), threatened, and endangered species under (f) REVISION OF LAND USE PLANS.—The Sec- and the Commission shall include in the li- the Endangered Species Act of 1973; and (B) retary of the Interior shall consider develop- cense such alternative condition, if the Sec- fifty-percent of the funds shall be expended ment of wind and solar energy, as appro- retary of the appropriate department deter- by the Secretary of Agriculture, acting priate, in revisions of land use plans under mines, based on substantial evidence pro- through the Chief of the Forest Service, for section 202 of the Federal Land Policy and vided by the party proposing such alter- the Youth Conservation Corps program.’’. Management Act of 1976 (42 U.S.C. 1712); and native condition, that the alternative condi- SEC. 304. ANNUAL LICENSES. the Secretary of Agriculture shall consider tion— Section 15(a) of the Federal Power Act (16 development of wind and solar energy, as ap- ‘‘(A) provides no less protection for the res- U.S.C. 808(a)) is amended by adding at the propriate, in revisions of land and resource ervation than provided by the condition end the following: management plans under section 5 of the deemed necessary by the Secretary; and ‘‘(4) Prior to issuing a fourth and subse- Forest and Rangeland Renewable Resources ‘‘(B) will either— quent annual license under paragraph (1), the Planning Act of 1974 (16 U.S.C. 1604). Nothing ‘‘(i) cost less to implement, or Commission shall first consult with the Sec- in this subsection shall preclude the issuance ‘‘(ii) result in improved operation of the retary of the Interior and the Secretary of of a right-of-way for the development of a project works for electricity production, Commerce, and if the project is within any wind or solar energy project prior to the re- as compared to the condition deemed nec- reservation, with the Secretary under whose vision of a land use plan by the appropriate essary by the Secretary. supervision such reservation falls. land management agency. ‘‘(3) Within 1 year after the enactment of ‘‘(5) Prior to issuing a fourth and subse- (g) REPORT TO CONGRESS.—Within 24 this subsection, each Secretary concerned quent annual license under paragraph (1), the months after the date of enactment of this shall, by rule, establish a process to expedi- Commission shall publish a written state- section, the Secretary of the Interior shall tiously resolve conflicts arising under this ment setting forth the reasons why the an- develop and report to Congress recommenda- subsection.’’. nual license is needed, and describing the re- tions on any statutory or regulatory changes (b) ALTERNATIVE FISHWAYS.—Section 18 of sults of consultation with the Secretary of the Secretary believes would assist in the de- the Federal Power Act (16 U.S.C. 811) is the Interior, the Secretary of Commerce, and velopment of renewable energy on Federal amended by— the Secretary under whose supervision the land. The report shall include— ‘‘(1) inserting ‘(a)’ before the first sentence; reservation falls. Such explanation shall also (1) a five-year plan developed by the Sec- and contain the best judgment of the Commis- retary of the Interior, in cooperation with ‘‘(2) adding at the end the following: sion as to whether the Commission antici- the Secretary of Agriculture, for encour- ‘‘(b)(1) Whenever the Commission shall re- pates issuing an additional annual license. aging the development of wind and solar en- quire a licensee to construct, maintain, or ‘‘(6) At least 60 days prior to expiration of ergy on Federal land in an environmentally operate a fishway prescribed by the Sec- the seventh and subsequent annual licenses sound manner; and retary of the Interior or the Secretary of issued under paragraph (1), the Commission (2) an analysis of— Commerce under this section, the licensee or shall submit to Congress the written state- (A) whether the use of rights-of-ways is the any other party to the proceeding may pro- ment required in paragraph (5).’’. best means of authorizing use of Federal pose an alternative to such prescription to SEC. 305. ENFORCEMENT. land for the development of wind and solar construct, maintain, or operate a fishway. (a) MONITORING AND INVESTIGATIONS OF energy, or whether such resources could be ‘‘(2) Notwithstanding subsection (a), the MANDATORY CONDITIONS AND FISHWAY PRE- better developed through a leasing system, Secretary of the Interior or the Secretary of SCRIPTIONS.—The first sentence of section or other method; Commerce, as appropriate, shall accept and 31(a) of the Federal Power Act (16 U.S.C. (B) the desirability of grants, loans, tax prescribe, and the Commission shall require, 823b(a)) is amended to read as follows: credits or other provisions to promote wind the proposed alternative referred to in para- ‘‘The Commission shall monitor and inves- and solar energy development on Federal graph (1), if the Secretary of the appropriate tigate compliance with each license and per- land; and department determines, based on substantial mit issued under this Part, each condition

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1273 imposed under section 4(e) or 4(h), each (A) a tendering notice indicating that an censing process under part I of the Federal fishway prescription imposed under section application has been filed with the Commis- Power Act (16 U.S.C. 791 et seq.). Such data 18, and each exemption granted from any re- sion; shall be published regularly, but no less fre- quirement of this Part.’’ (B) advanced notice to resource agencies of quently than every three years. (b) COMPLIANCE ORDERS.—The third sen- the issuance of the Ready for Environmental TITLE IV—INDIAN ENERGY tence of section 31(a) of the Federal Power Analysis Notice requesting submission of SEC. 401. COMPREHENSIVE INDIAN ENERGY PRO- Act (16 U.S.C. 823(a)) is amended to read as recommendations, conditions, prescriptions, GRAM. follows: and comments; Title XXVI of the Energy Policy Act of ‘‘After notice and opportunity for public (C) a license decision after completion of 1992 (25 U.S.C. 3501–3506) is amended by add- hearing, the Commission may issue such or- environmental assessments or environ- ing after section 2606 the following: ders as necessary to require compliance with mental impact statements prepared pursuant ‘‘SEC. 2607. COMPREHENSIVE INDIAN ENERGY the terms and conditions of licenses and per- to the National Environmental Policy Act; PROGRAM. mits issued under this Part, with conditions and ‘‘(a) DEFINITIONS.—For purposes of this sec- imposed under section 4(e) or 4(h), with (D) responses to petitions, motions, com- tion— fishway prescriptions imposed under section plaints and requests for rehearing; ‘‘(1) the term ‘Director’ means the Director 18, and with the terms and conditions of ex- (2) set deadlines for an applicant to con- of the Office of Indian Energy Policy and emptions granted from any requirement of duct all needed resource studies in support of Programs established by section 217 of the this Part.’’ its license application; Department of Energy Organization Act, and SEC. 306. ESTABLISHMENT OF HYDROELECTRIC (3) ensure a coordinated schedule for all ‘‘(2) the term ‘Indian land’ means— RELICENSING PROCEDURES. major actions by the applicant, the Commis- ‘‘(A) any land within the limits of an In- (a) JOINT PROCEDURES OF THE COMMISSION sion, affected Federal and State agencies, In- dian reservation, pueblo, or rancheria; AND RESOURCE AGENCIES.— dian Tribes and other parties, through final ‘‘(B) any land not within the limits of an (1) Within 18 months after the date of en- decision on the application; and Indian reservation, pueblo, or rancheria actment of this section, the Commission, the (4) provide for the adjustment of schedules whose title on the date of enactment of this Secretary of the Interior, the Secretary of if unavoidable delays occur. section was held— Commerce, and the Secretary of Agriculture, SEC. 307. RELICENSING STUDY. ‘‘(i) in trust by the United States for the shall, after consultation with the interested benefit of an Indian tribe, (a) IN GENERAL.—The Federal Energy Reg- states and public review and comment, issue ‘‘(ii) by an Indian tribe subject to restric- coordinated regulations governing the ulatory Commission shall, jointly with the Secretary of Commerce, the Secretary of the tion by the United States against alienation, issuance of a license under section 15 of the or Federal Power Act (16 U.S.C. 808). Interior, and the Secretary of Agriculture, conduct a study of all new licenses issued for ‘‘(iii) by a dependent Indian community; (2) Such regulations shall provide for— and existing projects under section 15 of the Fed- (A) the participation of the Commission in ‘‘(C) land conveyed to an Alaska Native eral Power Act (16 U.S.C. 808) since January the pre-application environmental scoping Corporation under the Alaska Native Claims 1, 1994. process conducted by the resource agencies Settlement Act. (b) SCOPE.—The study shall analyze: pursuant to section 15(b) of the Federal ‘‘(b) INDIAN ENERGY EDUCATION PLANNING (1) the length of time the Commission has Power Act (16 U.S.C. 808(b)), sufficient to AND MANAGEMENT ASSISTANCE.— allow the Commission and the resource agen- taken to issue each new license for an exist- ‘‘(1) The Director shall establish programs cies to coordinate environmental reviews ing project; within the Office of Indian Energy Policy and other regulatory procedures of the Com- (2) the additional cost to the licensee at- and Programs to assist Indian tribes in mission and the resource agencies under tributable to new license conditions; meeting their energy education, research Part I of the Federal Power Act, and under (3) the change in generating capacity at- and development, planning, and management the National Environmental Policy Act of tributable to new license conditions; needs. 1969 (42 U.S.C. 4321 et seq.); (4) the environmental benefits achieved by ‘‘(2) The Director may make grants, on a (B) issuance by the resource agencies of new license conditions; competitive basis, to an Indian tribe for— draft and final mandatory conditions under (5) significant unmitigated environmental ‘‘(A) renewable energy, energy efficiency, section 4(e) of the Federal Power Act (16 damage of the project and costs to mitigate and conservation programs; U.S.C. 797(e)), and draft and final fishway such damage; and ‘‘(B) studies and other activities sup- prescriptions under section 18 of the Federal (6) litigation arising from the issuance or porting tribal acquisition of energy supplies, Power Act (16 U.S.C. 811); failure to issue new licenses for existing services, and facilities; (C) to the maximum extent possible, iden- projects under section 15 of the Federal ‘‘(C) planning, constructing, developing, tification by the Commission staff in the Power Act or the imposition or failure to im- operating, maintaining, and improving tribal draft analysis of the license application con- pose new license conditions. electrical generation, transmission, and dis- ducted under the National Environmental (c) DEFINITION.—As used in this section, tribution facilities; and Policy Act, of all license articles and license the term ‘‘new license condition’’ means any ‘‘(D) developing, constructing, and inter- conditions the Commission is likely to in- condition imposed under— connecting electric power transmission fa- clude in the license; (1) section 4(e) of the Federal Power Act (16 cilities with transmission facilities owned (D) coordination by the Commission and U.S.C. 797(e)), and operated by a Federal power marketing the resource agencies of analysis under the (2) section 10(a) of the Federal Power Act agency or an electric utility that provides National Environmental Policy Act for final (16 U.S.C. 803(a)), open access transmission service. license articles and conditions recommended (3) section 10(e) of the Federal Power Act ‘‘(3) The Director may develop, in consulta- by Commission staff, and the final manda- (16 U.S.C. 803(e)), tion with Indian tribes, a formula for mak- tory conditions and fishway prescriptions of (4) section 10(j) of the Federal Power Act ing grants under this section. The formula the resource agencies; (16 U.S.C. 803(j)), may take into account the following— (E) procedures for ensuring coordination (5) section 18 of the Federal Power Act (16 ‘‘(A) the total number of acres of Indian and sharing, to the maximum extent pos- U.S.C. 811), or land owned by an Indian tribe; sible, of information, studies, data and anal- (6) section 401(d) of the Clean Water Act (33 ‘‘(B) the total number of households on the ysis by the Commission and the resource U.S.C. 1341(d)). Indian tribe’s Indian land; agencies to reduce the need for duplicative (d) CONSULTATION.—The Commission shall ‘‘(C) the total number of households on the studies and analysis by license applicants give interested persons and licensees an op- Indian tribe’s Indian land that have no elec- and other parties to the license proceeding; portunity to submit information and views tricity service or are under-served; and and in writing. ‘‘(D) financial or other assets available to (F) procedures for ensuring resolution at (e) REPORT.—The Commission shall report the Indian tribe from any source. an early stage of the process of the scope and its findings to the Committee on Energy and ‘‘(4) In making a grant under paragraph (2), type of reasonable and necessary informa- Natural Resources of the United States Sen- the Director shall give priority to an appli- tion, studies, data, and analysis to be pro- ate and the Committee on Energy and Com- cation received from an Indian tribe that is vided by the license applicant merce of the House of Representatives not not served or is served inadequately by an (b) PROCEDURES OF THE COMMISSION.—With- later than 24 months after the date of enact- electric utility, as that term is defined in in 18 months after the date of enactment of ment of this section. section 3(4) of the Public Utility Regulatory this section, the Commission shall, after SEC. 308. DATA COLLECTION PROCEDURES. Policies Act of 1978 (16 U.S.C. 2602(4)), or by consultation with the interested federal Within 24 months after the date of enact- a person, State agency, or any other non-fed- agencies and states and after public com- ment of this section, the Federal Energy eral entity that owns or operates a local dis- ment and review, issue additional regula- Regulatory Commission, the Secretary of tribution facility used for the sale of electric tions governing the issuance of a license the Interior, the Secretary of Commerce, and energy to an electric consumer. under section 15 of the Federal Power Act (16 the Secretary of Agriculture shall jointly de- ‘‘(5) There are authorized to be appro- U.S.C. 808). Such regulations shall— velop procedures for ensuring complete and priated to the Department of Energy such (1) set a schedule for the Commission to accurate information concerning the time sums as may be necessary to carry out the issue— and cost to parties in the hydroelectric li- purposes of this section.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1274 CONGRESSIONAL RECORD — SENATE February 27, 2002 ‘‘(6) The Secretary is authorized to promul- ning, education, management, conservation, owned by an Indian tribe that are within a gate such regulations as the Secretary deter- and delivery programs of the Department reservation, or tribal trust lands located mines to be necessary to carry out the provi- that— contiguous thereto. sions of this subsection. ‘‘(1) promote tribal energy efficiency and (b) LEASES INVOLVING GENERATION, TRANS- ‘‘(c) LOAN GUARANTEE PROGRAM.— utilization; MISSION, DISTRIBUTION OR ENERGY PROC- ‘‘(1) AUTHORITY.—The Secretary may guar- ‘‘(2) modernize and develop, for the benefit ESSING FACILITIES.—An Indian tribe may antee not more than 90 percent of the unpaid of Indian tribes, tribal energy and economic grant a lease of tribal land for electric gen- principal and interest due on any loan made infrastructure related to natural resource eration, transmission, or distribution facili- to any Indian tribe for energy development, development and electrification; ties, or facilities to process or refine renew- including the planning, development, con- ‘‘(3) preserve and promote tribal sov- able or nonrenewable energy resources devel- struction, and maintenance of electrical gen- ereignty and self determination related to oped on tribal lands, and such leases shall eration plants, and for transmission and de- energy matters and energy deregulation; not require the approval of the Secretary if livery mechanisms for electricity produced ‘‘(4) lower or stabilize energy costs; and the lease is executed under tribal regulations on Indian land. A loan guaranteed under this ‘‘(5) electrify tribal members’ homes and approved by the Secretary under this sub- subsection shall be made by— tribal lands. section and the term of the lease does not ex- ‘‘(A) a financial institution subject to the ‘‘(c) The Director shall carry out the duties ceed 30 years. examination of the Secretary; or assigned the Secretary or the Director under (c) RIGHTS-OF-WAY FOR ELECTRIC GENERA- ‘‘(B) an Indian tribe, from funds of the In- title XXVI of the Energy Policy Act of 1992 TION, TRANSMISSION, DISTRIBUTION OR ENERGY dian tribe, to another Indian tribe. (25 U.S.C. 3501 et seq.).’’. PROCESSING FACILITIES.—An Indian tribe may grant a right-of-way over tribal lands ‘‘(2) AVAILABILITY OF APPROPRIATIONS.— SEC. 403. CONFORMING AMENDMENTS. for a pipeline or an electric transmission or Amounts appropriated to cover the cost of (a) AUTHORIZATION OF APPROPRIATIONS.— distribution line without separate approval loan guarantees shall be available without Section 2603(c) of the Energy Policy Act of by the Secretary, if— fiscal year limitation to the Secretary to 1992 (25 U.S.C. 3503(c)) is amended to read as (1) the right-of-way is executed under and fulfill obligations arising under this sub- follows: complies with tribal regulations approved by section. ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— the Secretary and the term of the right-of- ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such way does not exceed 30 years; and ‘‘(A) There are authorized to be appro- sums as may be necessary to carry out the (2) the pipeline or electric transmission or priated to the Secretary such sums as may purposes of this section.’’. distribution line serves— be necessary to cover the cost of loan guar- (b) TABLE OF CONTENTS.—The Table of Con- antees, as defined by section 502(5) of the tents of the Department of Energy Act is (A) an electric generation, transmission or Federal Credit Reform Act of 1990 (2 U.S.C. amended by inserting after the item relating distribution facility located on tribal land, 661a(5)). to section 216 the following new item: or (B) a facility located on tribal land that ‘‘(B) There are authorized to be appro- ‘‘Sec. 217. Office of Indian Energy Policy and processes or refines renewable or nonrenew- priated to the Secretary such sums as may Programs.’’. able energy resources developed on tribal be necessary to cover the administrative ex- (c) EXECUTIVE SCHEDULE.—Section 5315 of penses related to carrying out the loan guar- lands. title 5, United States Code, is amended by in- (d) RENEWALS.—Leases or rights-of-way en- antee program established by this sub- serting ‘‘Director, Office of Indian Energy tered into under this subsection may be re- section. Policy and Programs, Department of En- newed at the discretion of the Indian tribe in ‘‘(4) LIMITATION ON AMOUNT.—The aggre- ergy.’’ after ‘‘Inspector General, Department accordance with the requirements of this gate outstanding amount guaranteed by the of Energy.’’. section. Secretary of Energy at any one time under SEC. 404. SITING ENERGY FACILITIES ON TRIBAL (e) TRIBAL REGULATION REQUIREMENTS.— this subsection shall not exceed $2,000,000,000. LANDS.– (1) The Secretary shall have the authority ‘‘(5) REGULATIONS.—The Secretary is au- (a) DEFINITIONS.—For purposes of this sec- to approve or disapprove tribal regulations thorized to promulgate such regulations as tion: required under this subsection. The Sec- the Secretary determines to be necessary to (1) INDIAN TRIBE.—The term ‘‘Indian tribe’’ retary shall approve such tribal regulations carry out the provisions of this subsection. means any Indian tribe, band, nation, or if they are comprehensive in nature, includ- ‘‘(d) INDIAN ENERGY PREFERENCE.—(1) An other organized group or community, which ing provisions that address— agency or department of the United States is recognized as eligible for the special pro- (A) securing necessary information from Government may give, in the purchase of grams and services provided by the United the lessee or right-of-way applicant; electricity, oil, gas, coal, or other energy States to Indians because of their status as (B) term of the conveyance; product or by-product, preference in such purchase to an energy and resource produc- Indians, except that such term does not in- (C) amendments and renewals; tion enterprise, partnership, corporation, or clude any Regional Corporation as defined in (D) consideration for the lease or right-of- other type of business organization majority section 3(g) of the Alaska Native Claims Set- way; or wholly owned and controlled by a tribal tlement Act (43 U.S.C. 1602(g)). (E) technical or other relevant require- government. (2) INTERESTED PARTY.—The term ‘‘inter- ments; ‘‘(2) In implementing this subsection, an ested party’’ means a person whose interests (F) requirements for environmental review agency or department shall pay no more could be adversely affected by the decision of as set forth in paragraph (3); than the prevailing market price for the en- an Indian tribe to grant a lease or right-of- (G) requirements for complying with all ergy product or by-product and shall obtain way pursuant to this section. applicable environmental laws; and no less than existing market terms and con- (3) PETITION.—The term ‘‘petition’’ means (H) final approval authority. ditions. a written request submitted to the Secretary (2) No lease or right-of-way shall be valid ‘‘(e) EFFECT ON OTHER LAWS.— This section for the review of an action (or inaction) of unless authorized in compliance with the ap- does not— the Indian tribe that is claimed to be in vio- proved tribal regulations. ‘‘(1) limit the discretion vested in an Ad- lation of the approved tribal regulations; (3) An Indian tribe, as a condition of secur- ministrator of a Federal power marketing (4) RESERVATION.—The term ‘‘reservation’’ ing Secretarial approval as contemplated in agency to market and allocate Federal means— paragraph (1), must establish an environ- power, or (A) with respect to a reservation in a State mental review process that includes the fol- ‘‘(2) alter Federal laws under which a Fed- other than Oklahoma, all land that has been lowing— eral power marketing agency markets, allo- set aside or that has been acknowledged as (A) an identification and evaluation of all cates, or purchases power.’’. having been set aside by the United States significant environmental impacts of the SEC. 402. OFFICE OF INDIAN ENERGY POLICY for the use of an Indian tribe, the exterior proposed action as compared to a no action AND PROGRAMS. boundaries of which are more particularly alternative; Title II of the Department of Energy Orga- defined in a final tribal treaty, agreement, (B) identification of proposed mitigation; nization Act is amended by adding at the end executive order, federal statute, secretarial (C) a process for ensuring that the public is the following: order, or judicial determination; informed of and has an opportunity to com- ‘‘OFFICE OF INDIAN ENERGY POLICY AND (B) with respect to a reservation in the ment on the proposed action prior to tribal PROGRAMS. State of Oklahoma, all land that is— approval of the lease or right-of-way; and ‘‘SEC. 217. (a) There is established within (i) within the jurisdictional area of an In- (D) sufficient administrative support and the Department an Office of Indian Energy dian tribe, and technical capability to carry out the envi- Policy and Programs. This Office shall be (ii) within the boundaries of the last res- ronmental review process. headed by a Director, who shall be appointed ervation of such tribe that was established (4) The Secretary shall review and approve by the Secretary and compensated at the by treaty, executive order, or secretarial or disapprove the regulations of the Indian rate equal to that of level IV of the Execu- order. tribe within 180 days of the submission of tive Schedule under section 5315 of Title 5, (5) SECRETARY.—The term ‘‘Secretary’’ such regulations to the Secretary. Any dis- United States Code. means the Secretary of the Interior. approval of such regulations by the Sec- ‘‘(b) The Director shall provide, direct, fos- (6) TRIBAL LANDS.—The term ‘‘tribal lands’’ retary shall be accompanied by written docu- ter, coordinate, and implement energy plan- means any tribal trust lands or other lands mentation that sets forth the basis for the

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1275 disapproval. The 180-day period may be ex- SEC. 405. INDIAN MINERAL DEVELOPMENT ACT Energy and Commerce and Resources of the tended by the Secretary after consultation REVIEW. House of Representatives and the Commit- with the Indian tribe. (a) IN GENERAL.—The Secretary of the In- tees on Energy and Natural Resources and (5) If the Indian tribe executes a lease or terior shall conduct a review of the activities Indian Affairs of the Senate a report on In- right-of-way pursuant to tribal regulations that have been conducted by the govern- dian tribes’ utilization of federal power allo- required under this subsection, the Indian ments of Indian tribes under the authority of cations of the Western Area Power Adminis- tribe shall provide the Secretary with— the Indian Mineral Development Act of 1982 tration, or power sold by the Southwestern (A) a copy of the lease or right-of-way doc- (25 U.S.C. 2101 et seq.). Power Administration, and the Bonneville ument and all amendments and renewals (b) REPORT.—Not later than one year after Power Administration to or for the benefit of thereto; and the date of the enactment of this Act, the Indian tribes in their service areas. The re- (B) in the case of regulations or a lease or Secretary shall transmit to the Committee port shall identify— right-of-way that permits payment to be on Resources of the House of Representatives ‘‘(A) the amount of power allocated to made directly to the Indian tribe, docu- and the Committee on Indian Affairs and the tribes by the Western Area Power Adminis- mentation of the payments sufficient to en- Committee on Energy and Natural Resources tration, and how the benefit of that power is able the Secretary to discharge the trust re- of the Senate a report containing: utilized by the tribes; sponsibility of the United States as appro- (1) the results of the review; ‘‘(B) the amount of power sold to tribes by priate under existing law. (2) recommendations designed to help en- other Power Marketing Administrations; and (6) The United States shall not be liable for sure that Indian tribes have the opportunity ‘‘(C) existing barriers that impede tribal losses sustained by any party to a lease exe- to develop their nonrenewable energy re- access to and utilization of federal power, cuted pursuant to tribal regulations under sources; and and opportunities to remove such barriers this subsection, including the Indian tribe. (3) an analysis of the barriers to the devel- and improve the ability of the Power Mar- (7) (A) An interested party may, after ex- opment of energy resources on Indian land, keting Administration to facilitate the utili- haustion of tribal remedies, submit, in a including federal policies and regulations, zation of federal power by Indian tribes. timely manner, a petition to the Secretary and make recommendations regarding the ‘‘(2) The Power Marketing Administrations removal of those barriers. to review the compliance of the Indian tribe shall consult with Indian tribes on a govern- (c) CONSULTATION.—The Secretary shall with any tribal regulations approved under ment-to-government basis in developing the consult with Indian tribes on a government- this subsection. If upon such review, the Sec- report provided in this section. to-government basis in developing the report retary determines that the regulations were ‘‘(d) AUTHORIZATION FOR APPROPRIATION.— and recommendations as provided in this There are authorized to be appropriated to violated, the Secretary may take such action subsection. the Secretary of Energy such sums as may as may be necessary to remedy the violation, be necessary to carry out the purposes of including rescinding or holding the lease or SEC. 406. RENEWABLE ENERGY STUDY. this section.’’. right-of-way in abeyance until the violation (a) IN GENERAL.—Not later than 2 years after the date of the enactment of this Act, SEC. 408. FEASIBILITY STUDY OF COMBINED is cured. The Secretary may also rescind the WIND AND HYDROPOWER DEM- approval of the tribal regulations and re- and once every 2 years thereafter, the Sec- retary of Energy shall transmit to the Com- ONSTRATION PROJECT. assume the responsibility for approval of (a) STUDY.—The Secretary of Energy, in mittees on Energy and Commerce and Re- leases or rights-of-way associated with the coordination with the Secretary of the Army sources of the House of Representatives and facilities addressed in this section. and the Secretary of the Interior, shall con- the Committees on Energy and Natural Re- (B) If the Secretary seeks to remedy a vio- duct a study of the cost and feasibility of de- sources and Indian Affairs of the Senate a re- lation described in subparagraph (A), the veloping a demonstration project that would port on energy consumption and renewable Secretary shall— use wind energy generated by Indian tribes energy development potential on Indian (i) make a written determination with re- and hydropower generated by the Army land. The report shall identify barriers to spect to the regulations that have been vio- Corps of Engineers on the Missouri River to the development of renewable energy by In- lated; supply firming power to the Western Area dian tribes, including federal policies and (ii) provide the Indian tribe with a written Power Administration. regulations, and make recommendations re- notice of the alleged violation together with (b) SCOPE OF STUDY.—The study shall— garding the removal of such barriers. such written determination; and (1) determine the feasibility of the blend- (b) CONSULTATION.—The Secretary shall (iii) prior to the exercise of any remedy or ing of wind energy and hydropower gen- consult with Indian tribes on a government- the rescission of the approval of the regula- erated from the Missouri River dams oper- to-government basis in developing the report tions involved and reassumption of the lease ated by the Army Corps of Engineers; and recommendations as provided in this or right-of-way approval responsibility, pro- (2) review historical purchase requirements section. vide the Indian tribe with a hearing and a and projected purchase requirements for reasonable opportunity to cure the alleged SEC. 407. FEDERAL POWER MARKETING ADMINIS- firming and the patterns of availability and violation. TRATIONS. use of firming energy; (C) The tribe shall retain all rights to ap- Title XXVI of the Energy Policy Act of (3) assess the wind energy resource poten- peal as provided by regulations promulgated 1992 (25 U.S.C. 3501) (as amended by section tial on tribal lands and projected cost sav- by the Secretary. 201) is amended by adding the at the end of ings through a blend of wind and hydropower the following: over a thirty-year period; and (f) AGREEMENTS.— ‘‘SEC. 2608. FEDERAL POWER MARKETING ADMIN- (4) include a preliminary interconnection (1) Agreements between an Indian tribe ISTRATIONS. study and a determination of resource ade- and a business entity that are directly asso- ‘‘(a) DEFINITION OF ADMINISTRATOR.—In quacy of the Upper Great Plains Region of ciated with the development of electric gen- this section, the term ‘Administrator’ the Western Area Power Administration; eration, transmission or distribution facili- means— (5) determine seasonal capacity needs and ties, or facilities to process or refine renew- ‘‘(1) the Administrator of the Bonneville associated transmission upgrades for inte- able or nonrenewable energy resources devel- Power Administration; or gration of tribal wind generation; and oped on tribal lands, shall not separately re- ‘‘(2) the Administrator of the Western Area (6) include an independent tribal engineer quire the approval of the Secretary pursuant Power Administration. as a study team member. to section 18 of title 25, United States Code, ‘‘(b) ASSISTANCE FOR TRANSMISSION STUD- (c) REPORT.—The Secretary of Energy and so long as the activity that is the subject of IES.— Secretary of the Army shall submit a report the agreement has been the subject of an en- ‘‘(1) Each Administrator may provide tech- to Congress not later than one year after the vironmental review process pursuant to sub- nical assistance to Indian tribes seeking to date of enactment of this title. The Secre- section (e) of this section. use the high-voltage transmission system for taries shall include in the report— (2) The United States shall not be liable for delivery of electric power. The costs of such (1) an analysis of the potential energy cost any losses or damages sustained by any technical assistance shall be funded— savings to the customers of the Western party, including the Indian tribe, that are ‘‘(A) by the Administrator using non-reim- Area Power Administration through the associated with an agreement entered into bursable funds appropriated for this purpose, blend of wind and hydropower; under this subsection. or (2) an evaluation of whether a combined (g) DISCLAIMER.—Nothing in this section is ‘‘(B) by the Indian tribe.– wind and hydropower system can reduce res- intended to modify or otherwise affect the ‘‘(2) PRIORITY FOR ASSISTANCE FOR TRANS- ervoir fluctuation, enhance efficient and re- applicability of any provision of the Indian MISSION STUDIES.—In providing discretionary liable energy production and provide Mis- Mineral Leasing Act of 1938 (25 U.S.C. 396a– assistance to Indian tribes under paragraph souri River management flexibility; (1), each Administrator shall give priority in (3) recommendations for a demonstration 396g); Indian Mineral Development Act of funding to Indian tribes that have limited fi- project which the Western Area Power Ad- 1982 (25 U.S.C. 2101–2108); Surface Mining nancial capability to conduct such studies. ministration could carry out in partnership Control and Reclamation Act of 1977 (30 ‘‘(c) POWER ALLOCATION STUDY.—— with an Indian tribal government or tribal U.S.C. 1201–1328); any amendments thereto; ‘‘(1) Not later than 2 years after the date of government energy consortium to dem- or any other laws not specifically addressed enactment of this Act, the Secretary of En- onstrate the feasibility and potential of in this section. ergy shall transmit to the Committees on using wind energy produced on Indian lands

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1276 CONGRESSIONAL RECORD — SENATE February 27, 2002 to supply firming energy to the Western SEC. 505. REPORTS. ‘‘(A) the President determines that the ma- Area Power Administration or other Federal Section 170 p. of the Atomic Energy Act of terial is not necessary for national security power marketing agency; and 1954 (42 U.S.C. 2210(p)) is amended by striking needs; (4) an identification of the economic and ‘‘August 1, 1998’’ and inserting ‘‘August 1, ‘‘(B) the Secretary determines, based on environmental benefits to be realized 2008’’. the written views of the Secretary of State through such a federal-tribal partnership and SEC. 506. INFLATION ADJUSTMENT. and the Assistant to the President for Na- identification of how such a partnership Section 170 t. of the Atomic Energy Act of tional Security Affairs, that the sale or could contribute to the energy security of 1954 (42 U.S.C. 2210 (t)) is amended— transfer will not adversely affect the na- the United States. (1) by renumbering paragraph (2) as para- tional security interests of the United (d) CONSULTATION.—The Secretary shall graph (3); and States; consult with Indian tribes on a government- (2) by adding after paragraph (1) the fol- ‘‘(C) the Secretary determines that the to-government basis in developing the report lowing: sale of the material will not have an adverse and recommendations provided in this sec- ‘‘(2) The Secretary shall adjust the amount material impact on the domestic uranium tion. of indemnification provided under an agree- mining, conversion, or enrichment industry, (e) AUTHORIZATION OF APPROPRIATIONS.— ment of indemnification under subsection d. taking into account the sales of uranium There are authorized to be appropriated not less than once during each 5-year period under the Russian HEU Agreement and the $500,000 to carry out this section, which shall following July 1, 2002, in accordance with the Suspension Agreement; and remain available until expended. All costs aggregate percentage change in the Con- ‘‘(D) the price paid to the Secretary will incurred by the Western Area Power Admin- sumer Price Index since— not be less than the fair market value of the istration associated with performing the ‘‘(A) such date of enactment, in the case of material.’’. tasks required under this section shall be the first adjustment under this paragraph; or (b) EXEMPT TRANSFERS AND SALES.—Sec- non-reimbursable. ‘‘(B) the previous adjustment under this tion 3112(e) of the USEC Privatization Act TITLE V—NUCLEAR POWER paragraph.’’. (42 U.S.C. 2297h–10(e)) is amended to read as Subtitle A—Price-Anderson Act SEC. 507. CIVIL PENALTIES. follows: Reauthorization (a) REPEAL OF AUTOMATIC REMISSION.—Sec- ‘‘(e) EXEMPT SALES OR TRANSFERS.—Not- SEC. 501. SHORT TITLE. tion 234A b.(2) of the Atomic Energy Act of withstanding subsection (d)(2), the Secretary This subtitle may be cited as the ‘‘Price- 1954 (42 U.S.C. 2282a (b)(2)) is amended by may transfer or sell uranium— Anderson Amendments Act of 2002’’. striking the last sentence. ‘‘(1) to the Tennessee Valley Authority for SEC. 502. EXTENSION OF DEPARTMENT OF EN- (b) LIMITATION FOR NOT-FOR-PROFIT INSTI- use pursuant to the Department of Energy’s ERGY INDEMNIFICATION AUTHOR- TUTIONS.—Subsection d. of section 234A of highly enriched uranium or tritium program, ITY. the Atomic Energy Act of 1954 (42 U.S.C. to the extent provided by law; Section 170 d.(1)(A) of the Atomic Energy 2282a(d)) is amended to read as follows: ‘‘(2) to research and test reactors under the Act of 1954 (42 U.S.C. 2210(d)(1)(A)) is amend- ‘‘d. (1) Notwithstanding subsection a., a University Reactor Fuel Assistance and Sup- ed by striking ‘‘, until August 1, 2002,’’. civil penalty for a violation under subsection port Program or the Reduced Enrichment for SEC. 503. DEPARTMENT OF ENERGY LIABILITY a. shall not exceed the amount of the fee Research and Test Reactors Program; LIMIT. paid under the contract under which such ‘‘(3) to USEC Inc. to replace contaminated (a) INDEMNIFICATION OF DEPARTMENT OF EN- violation occurs for any not-for-profit con- uranium received from the Department of ERGY CONTRACTORS.—Section 170 d. of the tractor, subcontractor, or supplier. Energy when the United States Enrichment Atomic Energy Act of 1954 (42 U.S.C. 2210(d)) ‘‘(2) For purposes of this section, the term Corporation was privatized; is amended by striking paragraph (2) and in- ‘not-for-profit’ means that no part of the net ‘‘(4) to any person for emergency purposes serting the following: earnings of the contractor, subcontractor, or in the event of a disruption in supply to end ‘‘(2) In agreements of indemnification en- supplier inures, or may lawfully inure, to the users in the United States; and tered into under paragraph (1), the Sec- benefit of any natural person or for-profit ar- ‘‘(5) to any person for national security retary— tificial person.’’. purposes, as determined by the Secretary.’’. ‘‘(A) may require the contractor to provide (c) EFFECTIVE DATE.—The amendments SEC. 512. REAUTHORIZATION OF THORIUM REIM- and maintain financial protection of such a made by this section shall not apply to any BURSEMENT. type and in such amounts as the Secretary violation of the Atomic Energy Act of 1954 (a) REIMBURSEMENT OF THORIUM LICENS- shall determine to be appropriate to cover occurring under a contract entered into be- EES.— Section 1001(b)(2)(C) of the Energy public liability arising out of or in connec- fore the date of enactment of this section. Policy Act of 1992 (42 U.S.C. 2296a) is amend- tion with the contractual activity, and SEC. 508. EFFECTIVE DATE. ed— ‘‘(B) shall indemnify the persons indem- The amendments made by sections 503(a) (1) by striking ‘‘$140,000,000’’ and inserting nified against such claims above the amount and 504 shall not apply to any nuclear inci- ‘‘$365,000,000’’; and of the financial protection required, in the dent that occurs before the date of the enact- (2) by adding at the end the following: amount of $10,000,000,000 (subject to adjust- ment of this subtitle. ‘‘Such payments shall not exceed the fol- ment for inflation under subsection t.), in Subtitle B—Miscellaneous Provisions lowing amounts: the aggregate, for all persons indemnified in SEC. 511. URANIUM SALES. ‘‘(i) $90,000,000 in fiscal year 2002. connection with such contract and for each (a) INVENTORY SALES.—Section 3112(d) of ‘‘(ii) $55,000,000 in fiscal year 2003. nuclear incident, including such legal costs the USEC Privatization Act (42 U.S.C. 2297h– ‘‘(iii) $20,000,000 in fiscal year 2004. of the contractor as are approved by the Sec- 10(d)) is amended to read as follows: ‘‘(iv) $20,000,000 in fiscal year 2005. retary.’’. ‘‘(d) INVENTORY SALES.—(1) In addition to ‘‘(v) $20,000,000 in fiscal year 2006. (b) CONTRACT AMENDMENTS.—Section 170 d. the transfers authorized under subsections ‘‘(vi) $20,000,000 in fiscal year 2007. of the Atomic Energy Act of 1954 (42 U.S.C. (b), (c), and (e), the Secretary may, from Any amounts authorized to be paid in a fis- 2210(d)) is further amended by striking para- time to time, sell or transfer uranium (in- cal year under this subparagraph that are graph (3) and inserting the following: cluding natural uranium concentrates, nat- not paid in that fiscal year may be paid in ‘‘(3) All agreements of indemnification ural uranium hexafluoride, enriched ura- subsequent fiscal years.’’. under which the Department of Energy (or nium, and depleted uranium) from the De- (b) AUTHORIZATION OF APPROPRIATIONS.— its predecessor agencies) may be required to partment of Energy’s stockpile. Section 1003(a) of the Energy Policy Act of indemnify any person under this section ‘‘(2) Except as provided in subsections (b), 1992 (42 U.S.C. 2296a–2) is amended by strik- shall be deemed to be amended, on the date (c), and (e), the Secretary may not deliver ing ‘‘$490,000,000’’ and inserting of the enactment of the Price-Anderson uranium in any form for consumption by end ‘‘$715,000,000’’. Amendments Act of 2002, to reflect the users in any year in excess of the following (c) DECONTAMINATION AND DECOMMISSIONING amount of indemnity for public liability and amounts: FUND.—Section 1802(a) of the Atomic Energy any applicable financial protection required ‘‘Annual Maximum Deliveries to End Users Act of 1954 (42 U.S.C. 2297g–1(a)) is amended— of the contractor under this subsection.’’. (1) by striking ‘‘$488,333,333’’ and inserting (c) LIABILITY LIMIT.—Section 170 e.(1)(B) of ‘‘Year:– (million lbs. U O equiva- 3 8 ‘‘$518,233,333 ’’; and the Atomic Energy Act of 1954 (42 U.S.C. lent) (2) by inserting after ‘‘inflation’’ the fol- 2210(e)(1)(B)) is amended by striking ‘‘para- 2003 through 2009– ...... 3 lowing: ‘‘beginning on the date of enactment graph (3)’’ and inserting ‘‘paragraph (2)(B)’’. of the Energy Policy Act of 1992’’. SEC. 504. INCIDENTS OUTSIDE THE UNITED 2010– ...... 5 STATES. SEC. 513. FAST FLUX TEST FACILITY. (a) AMOUNT OF INDEMNIFICATION.—Section 2011– ...... 5 The Secretary of Energy shall not reac- 170 d.(5) of the Atomic Energy Act of 1954 (42 tivate the Fast Flux Test Facility to con- U.S.C. 2210(d)(5)) is amended by striking 2012– ...... 7 duct— ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. (1) any atomic energy defense activity, (b) LIABILITY LIMIT.—Section 170 e.(4) of 2013 and each year thereafter– 10. (2) any space-related mission, or the Atomic Energy Act of 1954 (42 U.S.C. ‘‘(3) Except as provided in subsections (b), (3) any program for the production or utili- 2210(e)(4) is amended by striking (c), and (e), no sale or transfer of uranium in zation of nuclear material if the Secretary ‘‘$100,000,000’’ and inserting ‘‘$500,000,000’’. any form shall be made unless— has determined, in a record of decision, that

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1277 the program can be carried out at existing retary of Agriculture, shall establish a pro- the lessee to reprocess or reinterpret geo- operating facilities. gram to ensure within three years after the logic or geophysical data beneath DIVISION B—DOMESTIC OIL AND GAS date of enactment of this Act, remediation, allocthonous salt sheets, when in the Sec- PRODUCTION AND TRANSPORTATION reclamation, and closure of orphaned oil and retary’s judgment such suspension is nec- gas wells located on lands administered by essary to prevent waste caused by the drill- TITLE VI—OIL AND GAS PRODUCTION the land management agencies within the ing of unnecessary wells, and to maximize SEC. 601. PERMANENT AUTHORITY TO OPERATE Department of the Interior and the U.S. For- ultimate recovery of hydrocarbon resources THE STRATEGIC PETROLEUM RE- SERVE. est Service that are— under the lease. Such suspension shall be (A) abandoned; limited to the minimum period of time the (a) AMENDMENT TO TITLE I OF THE ENERGY (B) orphaned; or Secretary determines is necessary to achieve POLICY AND CONSERVATION ACT.—Title I of the Energy Policy and Conservation Act (42 (C) idled for more than 5 years and having the objectives of this subsection.’’. U.S.C. 6211 et seq.) is amended— no beneficial use. SEC. 607. COALBED METHANE STUDY. (1) by striking section 166 (42 U.S.C. 6246) (2) The program shall include a means of (a) STUDY.—The National Academy of and inserting— ranking critical sites for priority in remedi- Sciences shall conduct a study on the effects ation based on potential environmental ‘‘SEC. 166. There are authorized to be ap- of coalbed methane production on surface propriated to the Secretary such sums as harm, other land use priorities, and public and water resources. may be necessary to carry out this part, to health and safety. (b) DATA ANALYSIS.—The study shall ana- remain available until expended.’’; and (3) The program shall provide that respon- lyze available hydrogeologic and water qual- (2) by striking part E (42 U.S.C. 6251; relat- sible parties be identified wherever possible ity data, along with other pertinent environ- ing to the expiration of title I of the Act) and that the costs of remediation be recov- mental or other information to determine— and its heading. ered. (1) adverse effects associated with surface (b) AMENDMENT TO TITLE II OF THE ENERGY (4) In carrying out the program, the Sec- or subsurface disposal of waters produced POLICY AND CONSERVATION ACT.—Title II of retary of the Interior shall work coopera- during extraction of coalbed methane; the Energy Policy and Conservation Act (42 tively with the Secretary of Agriculture and (2) depletion of groundwater aquifers or U.S.C. 6271 et seq.) is amended— the states within which the federal lands are drinking water sources associated with pro- (1) by striking section 256(h) (42 U.S.C. located, and shall consult with the Secretary duction of coalbed methane; 6276(h)) and inserting— of Energy, and the Interstate Oil and Gas (3) any other significant adverse impacts ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— Compact Commission. to surface or water resources associated with There are authorized to be appropriated to (b) PLAN.—Within six months from the production of coalbed methane; and the Secretary such sums as may be nec- date of enactment of this section, the Sec- (4) production techniques or other factors essary to carry out this part, to remain retary of the Interior, in cooperation with that can mitigate adverse impacts from coal- available until expended.’’. the Secretary of Agriculture, shall prepare a bed methane development. (2) by striking section 273(e) (42 U.S.C. plan for carrying out the program estab- (c) RECOMMENDATIONS.—The study shall 6283(e); relating to the expiration of summer lished under subsection (a). Copies of the analyze existing Federal and State laws and fill and fuel budgeting programs); and plan shall be transmitted to the Committee regulations, and make recommendations as (3) by striking part D (42 U.S.C. 6285; relat- on Energy and Natural Resources of the Sen- to changes, if any, to Federal law necessary ing to the expiration of title II of the Act) ate and the Committee on Resources of the to address adverse impacts to surface or and its heading. House of Representatives. water resources attributable to coalbed (c) TECHNICAL AMENDMENTS.—The table of (c) AUTHORIZATION OF APPROPRIATIONS.— methane development. contents for the Energy Policy and Con- There are authorized to be appropriated to (d) COMPLETION OF STUDY.—The National servation Act is amended by striking the the Secretary of the Interior $5,000,000 for Academy of Sciences shall submit the study items relating to part D of title I and part D each of fiscal years 2003 through 2005 to carry to the Secretary of the Interior within 18 of title II. out the activities provided for in this sec- months after the date of enactment of this SEC. 602. FEDERAL ONSHORE LEASING PRO- tion. Act, and shall make the study available to GRAMS FOR OIL AND GAS. SEC. 605. ORPHANED AND ABANDONED OIL AND the public at the same time. (a) TIMELY ACTION ON LEASES AND PER- GAS WELL PROGRAM. (e) REPORT TO CONGRESS.—The Secretary of MITS.—To ensure timely action on oil and (a) ESTABLISHMENT.—The Secretary of En- the Interior shall report to Congress within gas leases and applications for permits to ergy shall establish a program to provide 6 months of her receipt of the study on— drill on lands otherwise available for leasing, technical assistance to the various oil and (1) the findings and recommendations of the Secretary of the Interior shall— gas producing states to facilitate state ef- the study; (1) ensure expeditious compliance with the forts over a ten-year period to ensure a prac- (2) the Secretary’s agreement or disagree- requirements section 102(2)(C) of the Na- tical and economical remedy for environ- ment with each of its findings and rec- tional Environmental Policy Act of 1969 (42 mental problems caused by orphaned and ommendations; and U.S.C. 4332(2)(C)); abandoned exploration or production well (3) any recommended changes in funding to (2) improve consultation and coordination sites on state and private lands. The Sec- address the effects of coalbed methane pro- with the States; retary shall work with the states, through duction on surface and water resources. (3) improve the collection, storage, and re- the Interstate Oil and Gas Compact Commis- SEC. 608. FISCAL POLICIES TO MAXIMIZE RECOV- trieval of information related to such leasing sion, to assist the states in quantifying and ERY OF DOMESTIC OIL AND GAS RE- activities; and mitigating environmental risks of onshore SOURCES. (4) improve inspection and enforcement ac- abandoned and orphaned wells on state and (a) EVALUATION.—The Secretary of Energy, tivities related to oil and gas leases. private lands. in coordination with the Secretaries of the (b) AUTHORIZATION OF APPROPRIATIONS.— (b) PROGRAM ELEMENTS.—The program Interior, Commerce, and Treasury, Indian For the purpose of carrying out paragraphs should include— tribes and the Interstate Oil and Gas Com- (1) through (4) of subsection (a), there are au- (1) mechanisms to facilitate identification pact Commission, shall evaluate the impact thorized to be appropriated to the Secretary of responsible parties wherever possible; of existing Federal and State tax and royalty of the Interior $60,000,000 for each of the fis- (2) criteria for ranking critical sites based policies on the development of domestic oil cal years 2003 through 2006, in addition to on factors such as other land use priorities, and gas resources and on revenues to Fed- amounts otherwise authorized to be appro- potential environmental harm and public eral, State, local and tribal governments. priated for the purpose of carrying out sec- visibility; and (b) SCOPE.—The evaluation under sub- tion 17 of the Mineral Leasing Act (30 U.S.C. (3) information and training programs on section (a) shall— 226). best practices for remediation of different (1) analyze the impact of fiscal policies on SEC. 603. OIL AND GAS LEASE ACREAGE LIMITA- types of sites. oil and natural gas exploration, development TIONS. (c) AUTHORIZATION OF APPROPRIATIONS.— drilling, and production under different price Section 27(d)(1) of the Mineral Leasing Act There are authorized to be appropriated to scenarios, including the impact of the indi- (30 U.S.C. 184(d)(1)) is amended by inserting the Secretary of Energy for the activities vidual and corporate Alternative Minimum after ‘‘acreage held in special tar sand areas’’ under this section $5,000,000 for each of fiscal Tax, state and local production taxes and the following: ‘‘as well as acreage under any years 2003 through 2005 to carry out the pro- fixed royalty rates during low price periods; lease any portion of which has been com- visions of this section. (2) assess the effect of existing federal and mitted to a Federally approved unit or coop- SEC. 606. OFFSHORE DEVELOPMENT. state fiscal policies on investment under dif- erative plan or communitization agreement, Section 5 of the Outer Continental Shelf ferent geological and developmental cir- or for which royalty, including compen- Lands Act of 1953 (43 U.S.C. 1334) is amended cumstances, including but not limited to satory royalty or royalty in kind, was paid by adding at the end the following: deepwater environments, subsalt formations, in the preceding calendar year,’’. ‘‘(k) SUSPENSION OF OPERATIONS FOR deep and deviated wells, coalbed methane SEC. 604. ORPHANED AND ABANDONED WELLS SUBSALT EXPLORATION.—Notwithstanding and other unconventional oil and gas forma- ON FEDERAL LAND. any other provision of law or regulation, the tions; (a) ESTABLISHMENT.—(1) The Secretary of Secretary may grant a request for a suspen- (3) assess the extent to which federal and the Interior, in cooperation with the Sec- sion of operations under any lease to allow state fiscal policies negatively impact the

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1278 CONGRESSIONAL RECORD — SENATE February 27, 2002 ultimate recovery of resources from existing TITLE VII—NATURAL GAS PIPELINES portation project authorized under this sec- fields and smaller accumulations in offshore Subtitle A—Alaska Natural Gas Pipeline tion shall be expedited, in a manner con- waters, especially in water depths less than sistent with completion of the necessary re- 800 meters, of the Gulf of Mexico; SEC. 701. SHORT TITLE. views and approvals by the deadlines set (4) compare existing federal and state poli- This subtitle may be cited as the ‘‘Alaska forth in this subtitle. cies with tax and royalty regimes in other Natural Gas Pipeline Act of 2002’’. (e) REGULATIONS.—The Commission may countries with particular emphasis on simi- SEC. 702. FINDINGS. issue regulations to carry out the provisions lar geological, developmental and infrastruc- The Congress finds that: of this section. ture conditions; and (1) Construction of a natural gas pipeline SEC. 705. ENVIRONMENTAL REVIEWS. (5) evaluate how alternative tax and roy- system from the Alaskan North Slope to (a) COMPLIANCE WITH NEPA.—The issuance alty policies, including counter-cyclical United States markets is in the national in- of a certificate of public convenience and ne- measures, could increase recovery of domes- terest and will enhance national energy se- cessity authorizing the construction and op- tic oil and natural gas resources and reve- curity by providing access to the significant eration of any Alaska natural gas transpor- nues to Federal, State, local and tribal gov- gas reserves in Alaska needed to meet the tation project under section 704 shall be ernments. anticipated demand for natural gas. treated as a major federal action signifi- (c) POLICY RECOMMENDATIONS.—Based upon (2) The Commission issued a certificate of cantly affecting the quality of the human en- the findings of the evaluation under sub- public convenience and necessity for the vironment within the meaning of section section (a), a report describing the findings Alaska Natural Gas Transportation System, 102(2)(C) of the National Environmental Pol- and recommendations for policy changes which remains in effect. icy Act of 1969 (42 U.S.C. 4332(2)(C)). shall be provided to the President, the Con- SEC. 703. PURPOSES. (b) DESIGNATION OF LEAD AGENCY.—The gress, the Governors of the member states of The purposes of this subtitle are— Commission shall be the lead agency for pur- the Interstate Oil and Gas Compact Commis- (1) to expedite the approval, construction, poses of complying with the National Envi- sion, and Indian tribes having an oil and gas and initial operation of one or more trans- ronmental Policy Act of 1969, and shall be re- lease approved by the Secretary of the Inte- portation systems for the delivery of Alaska sponsible for preparing the statement re- rior. The recommendations should ensure natural gas to the contiguous United States; quired by section 102(2)(c) of that Act (42 that the public interest in receiving the eco- (2) to ensure access to such transportation U.S.C. 4332(2)(c)) with respect to an Alaska nomic benefits of tax and royalty revenues is systems on an equal and nondiscriminatory natural gas transportation project under sec- balanced with the broader national security basis and to promote competition in the ex- tion 704. The Commission shall prepare a sin- and economic interests in maximizing recov- ploration, development and production of gle environmental statement under this sec- ery of domestic resources. The report should Alaska natural gas; and tion, which shall consolidate the environ- include recommendations regarding actions (3) to provide federal financial assistance mental reviews of all Federal agencies con- to— to any transportation system for the trans- sidering any aspect of the project. (1) ensure stable development drilling dur- port of Alaska natural gas to the contiguous (c) OTHER AGENCIES.—All Federal agencies ing periods of low oil and/or natural gas United States, for which an application for a considering aspects of the construction and prices to maintain reserve replacement and certificate of public convenience and neces- operation of an Alaska natural gas transpor- deliverability; sity is filed with the Commission not later tation project section 704 shall cooperate (2) minimize the negative impact of a vola- than 6 months after the date of enactment of with the Commission, and shall comply with tile investment climate on the oil and gas this subtitle. deadlines established by the Commission in service industry and domestic oil and gas ex- the preparation of the statement under this ploration and production; SEC. 704. ISSUANCE OF CERTIFICATE OF PUBLIC CONVENIENCE AND NECESSITY. section. The statement prepared under this (3) ensure a consistent level of domestic (a) AUTHORITY OF THE COMMISSION.—Not- section shall be used by all such agencies to activity to encourage the education and re- withstanding the provisions of the Alaska satisfy their responsibilities under section tention of a technical workforce; and Natural Gas Transportation Act of 1976 (15 102(2)(C) of the National Environmental Pol- (4) maintain production capability during U.S.C. 719–719o), the Commission may, pursu- icy Act of 1969 (42 U.S.C. 4332(2)(C)) with re- periods of low oil and/or natural gas prices. spect to such project. (d) ROYALTY GUIDELINES.—The rec- ant to section 7(c) of the Natural Gas Act (15 (d) EXPEDITED PROCESS.—The Commission ommendations required under (c) should in- U.S.C. 717f(c)), consider and act on an appli- shall issue a draft statement under this sec- clude guidelines for private resource holders cation for the issuance of a certificate of tion not later than 12 months after the Com- as to the appropriate level of royalties given public convenience and necessity authorizing mission determines the application to be geology, development cost, and the national the construction and operation of an Alaska complete and shall issue the final statement interest in maximizing recovery of oil and natural gas transportation project other gas resources. than the Alaska Natural Gas Transportation not later than 6 months after the Commis- (e) REPORT.—The study under subsection System. sion issues the draft statement, unless the (a) shall be completed not later than 18 (b) ISSUANCE OF CERTIFICATE.— Commission for good cause finds that addi- months after the date of enactment of this (1) The Commission shall issue a certifi- tional time is needed. section. The report and recommendations re- cate of public convenience and necessity au- (e) UPDATED ENVIRONMENTAL REVIEWS quired in (c) shall be transmitted to the thorizing the construction and operation of UNDER ANGTA.—The Secretary of Energy President, the Congress, Indian tribes, and an Alaska natural gas transportation project shall require the sponsor of the Alaska Nat- the Governors of the member States of the under this section if the applicant has— ural Gas Transportation System to submit Interstate Oil and Gas Compact Commission. (A) entered into a contract to transport such updated environmental data, reports, SEC. 609. STRATEGIC PETROLEUM RESERVE. Alaska natural gas through the proposed permits, and impact analyses as the Sec- (a) FULL CAPACITY.—The President shall— Alaska natural gas transportation project retary determines are necessary to develop (1) fill the Strategic Petroleum Reserve es- for use in the contiguous United States; and detailed terms, conditions, and compliance tablished pursuant to part B of title I of the (B) satisfied the requirements of section plans required by section 5 of the President’s Energy Policy and Conservation Act (42 7(e) of the Natural Gas Act (15 U.S.C. 717f(e)). Decision. U.S.C. 6231 et seq.) to full capacity as soon as (2) In considering an application under this SEC. 706. FEDERAL COORDINATOR. practicable; section, the Commission shall presume (a) ESTABLISHMENT.—There is established (2) acquire petroleum for the Strategic Pe- that— as an independent establishment in the exec- troleum Reserve by the most practicable and (A) a public need exists to construct and utive branch, the Office of the Federal Coor- cost-effective means, including the acquisi- operate the proposed Alaska natural gas dinator for Alaska Natural Gas Transpor- tion of crude oil the United States is entitled transportation project; and tation Projects. to receive in kind as royalties from produc- (B) sufficient downstream capacity will (b) THE FEDERAL COORDINATOR.—The Office tion on Federal lands; and exist to transport the Alaska natural gas shall be headed by a Federal Coordinator for (3) ensure that the fill rate minimizes im- moving through such project to markets in Alaska Natural Gas Transportation Projects, pacts on petroleum markets. the contiguous United States. who shall— (b) RECOMMENDATIONS.—Not later than 180 (c) EXPEDITED APPROVAL PROCESS.—The (1) be appointed by the President, by and days after the date of enactment of this Act, Commission shall issue a final order grant- with the advice of the Senate, the Secretary of Energy shall submit to Con- ing or denying any application for a certifi- (2) hold office at the pleasure of the Presi- gress a plan toB cate of public and convenience and necessity dent, and (1) eliminate any infrastructure impedi- under section 7(c) of the Natural Gas Act (15 (3) be compensated at the rate prescribed ments that may limit maximum drawdown U.S.C. 717f(c)) and this section not more than for level III of the Executive Schedule (5 capability; and 60 days after the issuance of the final envi- U.S.C. 5314). (2) determine whether the capacity of the ronmental impact statement for that project (c) DUTIES.—The Federal Coordinator shall Strategic Petroleum Reserve on the date of pursuant to section 704. be responsible for— enactment of this section is adequate in (d) REVIEWS AND ACTIONS OF OTHER FED- (1) coordinating the expeditious discharge light of the increasing consumption of petro- ERAL AGENCIES.—All reviews conducted and of all activities by federal agencies with re- leum and the reliance on imported petro- actions taken by any federal officer or agen- spect to an Alaska natural gas transpor- leum. cy relating to an Alaska natural gas trans- tation project; and

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1279 (2) ensuring the compliance of Federal Commanding General of the Corps of Engi- negotiate a project labor agreement to expe- agencies with the provisions of this subtitle. neers). dite construction of the pipeline. SEC. 707. JUDICIAL REVIEW. (d) REPORT.—If the Secretary of Energy is Subtitle B—Operating Pipelines required to conduct a study under subsection (a) EXCLUSIVE JURISDICTION.—The United SEC. 721. APPLICATION OF HISTORIC PRESERVA- States Court of Appeals for the District of (a), he shall submit a report containing the TION ACT TO OPERATING PIPE- Columbia Circuit shall have exclusive juris- results of the study, his recommendations, LINES. diction to determine— and any proposals for legislation to imple- Section 7 of the Natural Gas Act (15 U.S.C. (1) the validity of any final order or action ment his recommendations to the Congress 717(f)) is amended by adding at the end the (including a failure to act) of the Commis- within 6 months after the expiration of the following: sion under this subtitle;– Secretary of Energy’s authority to guar- ‘‘(i)(1) Notwithstanding the National His- (2) the constitutionality of any provision antee a loan under section 708. toric Preservation Act (16 U.S.C. 470 et seq.), of this subtitle, or any decision made or ac- SEC. 710. SAVINGS CLAUSE. a transportation facility shall not be eligible tion taken thereunder; or Nothing in this subtitle affects any deci- for inclusion on the National Register of His- (3) the adequacy of any environmental im- sion, certificate, permit, right-of-way, lease, toric Places unless— pact statement prepared under the National or other authorization issued under section 9 ‘‘(A) the Commission has permitted the Environmental Policy Act of 1969 with re- of the Alaska Natural Gas Transportation abandonment of the transportation facility spect to any action under this subtitle. Act of 1976 (15 U.S.C. 719g). pursuant to subsection (b), or (b) DEADLINE FOR FILING CLAIM.—Claims SEC. 711. CLARIFICATION OF AUTHORITY TO ‘‘(B) the owner of the facility has given arising under this subtitle may be brought AMEND TERMS AND CONDITIONS TO written consent to such eligibility. not later than 60 days after the date of the MEET CURRENT PROJECT REQUIRE- ‘‘(2) Any transportation facility considered decision or action giving rise to the claim. MENTS. eligible for inclusion on the National Reg- SEC. 708. LOAN GUARANTEE. Any Federal officer or agency responsible ister of Historic Places prior to the date of for granting or issuing any certificate, per- (a) AUTHORITY.— The Secretary of Energy enactment of this subsection shall no longer may guarantee not more than 80 percent of mit, right-of-way, lease, or other authoriza- be eligible unless the owner of the facility the principal of any loan made to the holder tion under section 9 of the Alaska Natural gives written consent to such eligibility.’’. of a certificate of public convenience and ne- Gas Transportation Act of 1976 (15 U.S.C. SEC. 722. ENVIRONMENTAL REVIEW AND PERMIT- cessity issued under section 704(b) of this Act 719g) may add to, amend, or abrogate any TING OF NATURAL GAS PIPELINE or section 9 of the Alaska Natural Gas Trans- term or condition included in such certifi- PROJECTS. portation Act of 1976 (15 U.S.C. 719g) for the cate, permit, right-of-way, lease, or other au- (a) INTERAGENCY REVIEW.—The Chairman purpose of constructing an Alaska natural thorization to meet current project require- of the Council on Environmental Quality, in gas transportation project. ments (including the physical design, facili- coordination with the Federal Energy Regu- ties, and tariff specifications), so long as latory Commission, shall establish an inter- (b) CONDITIONS.— (1) The Secretary of Energy may not guar- such action does not compel a change in the agency task force to develop an interagency antee a loan under this section unless the basic nature and general route of the Alaska memorandum of understanding to expedite guarantee has filed an application for a cer- Natural Gas Transportation System as des- the environmental review and permitting of tificate of public convenience and necessity ignated and described in section 2 of the natural gas pipeline projects. (b) MEMBERSHIP OF INTERAGENCY TASK under section 704(b) of this Act or for an President’s Decision, or would otherwise pre- FORCE.—The task force shall consist of— amended certificate under section 9 of the vent or impair in any significant respect the (1) the Chairman of the Council on Envi- Alaska Natural Gas Transportation Act of expeditious construction and initial oper- ronmental Quality, who shall serve as the 1976 (15 U.S.C. 719g) with the Commission not ation of such transportation system. Chairman of the interagency task force, later than 6 months after the date of enact- SEC. 712. DEFINITIONS. (2) the Chairman of the Federal Energy ment of this subtitle. For purposes of this subtitle: Regulatory Commission, (2) A loan guaranteed under this section (1) The term ‘‘Alaska natural gas’’ has the (3) the Director of the Bureau of Land shall be made by a financial institution sub- meaning given such term by section 4(1) of Management, ject to the examination of the Secretary. the Alaska Natural Gas Transportation Act (4) the Director of the U.S. Fish and Wild- (3) Loan requirements, including term, of 1976 (15 U.S.C. 719b(1)). life Service, maximum size, collateral requirements and (2) The term ‘‘Alaska natural gas transpor- (5) the Commanding General, U.S. Army other features shall be determined by the tation project’’ means any other natural gas Corps of Engineers, Secretary. pipeline system that carries Alaska natural (6) the Chief of the Forest Service, (c) LIMITATION ON AMOUNT.—Commitments gas from the North Slope of Alaska to the to guarantee loans may be made by the Sec- border between Alaska and Canada (includ- (7) the Administrator of the Environ- retary of Energy only to the extent that the ing related facilities subject to the jurisdic- mental Protection Agency, total loan principal, any part of which is tion of the Commission) that is authorized (8) the Chairman of the Advisory Council guaranteed, will not exceed $10,000,000,000. under either— on Historic Preservation, and (9) the heads of such other agencies as the (d) REGULATIONS.—The Secretary of Energy (A) the Alaska Natural Gas Transportation may issue regulations to carry out the provi- Act of 1976 (15 U.S.C. 719–719o); or Chairman of the Council on Environmental sions of this section. (B) section 704 of this subtitle. Quality and the Chairman of the Federal En- ergy Regulatory Commission deem appro- (e) AUTHORIZATION OF APPROPRIATIONS.— (3) The term ‘‘Alaska Natural Gas Trans- There are authorized to be appropriated to portation System’’ means the Alaska nat- priate. (c) MEMORANDUM OF UNDERSTANDING.—The the Secretary such sums as may be nec- ural gas transportation project authorized agencies represented by the members of the essary to cover the cost of loan guarantees, under the Alaska Natural Gas Transpor- interagency task force shall enter into the as defined by section 502(5) of the Federal tation Act of 1976 and designated and de- memorandum of understanding not later Credit Reform Act of 1990 (2 U.S.C. 661a(5)). scribed in section 2 of the President’s Deci- sion. than one year after the date of the enact- SEC. 709. STUDY OF ALTERNATIVE MEANS OF ment of this section. CONSTRUCTION. (4) The term ‘‘Commission’’ means the (a) REQUIREMENT OF STUDY.—If no applica- Federal Energy Regulatory Commission. DIVISION C—DIVERSIFYING ENERGY tion for the issuance of a certificate of public (5) The term ‘‘natural gas company’’ means DEMAND AND IMPROVING EFFICIENCY convenience and necessity authorizing the a person engaged in the transportation of TITLE VIII—FUELS AND VEHICLES construction and operation of an Alaska nat- natural gas in interstate commerce or the Subtitle A—CAFE Standards and Related ural gas transportation project has been filed sale in interstate commerce of such gas for Matters resale; and with the Commission within 6 months after SEC. 801. AVERAGE FUEL ECONOMY STANDARDS the date of enactment of this title, the Sec- (6) The term ‘‘President’s Decision’’ means FOR PASSENGER AUTOMOBILES AND retary of Energy shall conduct a study of al- the Decision and Report to Congress on the LIGHT TRUCKS. ternative approaches to the construction and Alaska Natural Gas Transportation system (a) INCREASED STANDARDS.—Section 32902 operation of the project. issued by the President on September 22, 1977 of title 49, United States Code, is amended— (b) SCOPE OF STUDY.—The study shall con- pursuant to section 7 of the Alaska Natural (1) by striking ‘‘NON-PASSENGER AUTO- sider the feasibility of establishing a govern- Gas Transportation Act of 1976 (15 U.S.C. MOBILES.—’’ in subsection (a) and inserting ment corporation to construct an Alaska 719c) and approved by Public Law 95–158. ‘‘PRESCRIPTION OF STANDARDS BY REGULA- natural gas transportation project, and al- SEC. 713. SENSE OF THE SENATE. TION.—’’; and ternative means of providing federal financ- It is the sense of the Senate that an Alaska (2) by striking ‘‘(except passenger auto- ing and ownership (including alternative natural gas transportation project will pro- mobiles)’’ in subsection (a) and inserting combinations of government and private cor- vide significant economic benefits to the ‘‘(except passenger automobiles and light porate ownership) of the project. United States and Canada. In order to maxi- trucks)’’; (c) CONSULTATION.—In conducting the mize those benefits, the Senate urges the (3) by striking subsection (b) and inserting study, the Secretary of Energy shall consult sponsors of the pipeline project to make the following: with the Secretary of the Treasury and the every effort to use steel that is manufac- ‘‘(b) STANDARDS FOR PASSENGER AUTO- Secretary of the Army (acting through the tured or produced in North America and to MOBILES AND LIGHT TRUCKS.—

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‘‘(1) IN GENERAL.—The Secretary of Trans- (5) by striking the first and last sentences road performance, as determined under that portation, after consultation with the Ad- of subsection (c)(2); and paragraph; ministrator of the Environmental Protection (6) by striking ‘‘(and submit the amend- ‘‘(B) a statement of the percentage dif- Agency, shall prescribe average fuel econ- ment to Congress when required under sub- ference, if any, between actual on-road fuel omy standards for passenger automobiles section (c)(2) of this section)’’ in subsection economy and fuel economy measured by test and light trucks manufactured by a manu- (g). procedures of the Environmental Protection facturer in each model year beginning with (b) DEFINITION OF LIGHT TRUCKS.— Administration; and model year 2005 in order to achieve a com- (1) IN GENERAL.—Section 32901(a) of title 49, ‘‘(C) a plan to reduce, by model year 2015, bined average fuel economy standard for pas- United States Code, is amended by adding at the percentage difference identified under senger automobiles and light trucks for the end the following: subparagraph (B) by using uniform test model year 2013 of at least 35 miles per gal- ‘‘(17) ‘light truck’ means an automobile methods that reflect actual on-the-road fuel lon. that the Secretary decides by regulation— economy consumers experience under nor- ‘‘(2) ANNUAL PROGRESS TOWARD STANDARD ‘‘(A) is manufactured primarily for trans- mal driving conditions to no greater than 5 REQUIRED.—In prescribing average fuel econ- porting not more than 10 individuals; percent.’’. omy standards under paragraph (1), the Sec- ‘‘(B) is rated at not more than 10,000 SEC. 803. ENSURING SAFETY OF PASSENGER retary shall prescribe appropriate annual pounds gross vehicle weight; AUTOMOBILES AND LIGHT TRUCKS. fuel economy standard increases for pas- ‘‘(C) is not a passenger automobile; and (a) IN GENERAL.—The Secretary of Trans- senger automobiles and light trucks that— ‘‘(D) does not fall within the exceptions portation shall exercise such authority ‘‘(A) increase the applicable average fuel from the definition of ‘medium duty pas- under Federal law as the Secretary may have economy standard ratably over the 9 model- senger vehicle’ under section 86.1803-01 of to ensure that— year period beginning with model year 2005 title 40, Code of Federal Regulations.’’.– (1) passenger automobiles and light trucks and ending with model year 2013; ‘‘(2) DEADLINE FOR REGULATIONS.—The Sec- (as those terms are defined in section 32901 of ‘‘(B) require that each manufacturer retary of Transportation— title 49, United States Code) are safe; achieve— (A) shall issue proposed regulations imple- (2) progress is made in improving the over- ‘‘(i) a fuel economy standard for passenger menting the amendment made by paragraph all safety of passenger automobiles and light automobiles manufactured by that manufac- (1) not later than 1 year after the date of the trucks; and turer of at least 33.2 miles per gallon no later enactment of this Act; and (3) progress is made in maximizing United than model year 2010; and (B) shall issue final regulations imple- States employment. ‘‘(ii) a fuel economy standard for light menting the amendment not later than 18 (b) IMPROVED CRASHWORTHINESS.—Sub- trucks manufactured by that manufacturer months after the date of the enactment of chapter II of chapter 301 of title 49, United of at least 26.3 miles per gallon no later than this Act. States Code, is amended by adding at the end model year 2010; and (3) EFFECTIVE DATE.—Regulations pre- the following: ‘‘(C) for any model year within that 9 scribed under paragraph (1) shall apply be- ‘‘§ 30128. Improved crashworthiness ginning with model year 2007. model-year period does not result in an aver- ‘‘(a) ROLLOVERS.—Within 3 years after the age fuel economy standard lower than— (c) APPLICABILITY OF EXISTING STAND- ARDS.—This section does not affect the appli- date of enactment of the Energy Policy Act ‘‘(i) 27.5 miles per gallon for passenger of 2002, the Secretary of Transportation, automobiles; or cation of section 32902 of title 49, United States Code, to passenger automobiles or through the National Highway Traffic Safety ‘‘(ii) 20.7 miles per gallon for light duty Administration, shall prescribe a motor ve- trucks. non-passenger automobiles manufactured be- fore model year 2005. hicle safety standard under this chapter for ‘‘(3) DEADLINE FOR REGULATIONS.—The Sec- (d) AUTHORIZATION OF APPROPRIATIONS.— rollover crashworthiness standards that in- retary shall promulgate the regulations re- There are authorized to be appropriated to cludes— quired by paragraphs (1) and (2) in final form the Secretary of Transportation to carry out ‘‘(1) dynamic roof crush standards; no later than 18 months after the date of en- the provisions of chapter 329 of title 49, ‘‘(2) improved seat structure and safety actment of the Energy Policy Act of 2002. United States Code, $25,000,000 for each of fis- belt design; ‘‘(4) DEFAULT STANDARDS.—If the Secretary cal years 2003 through 2015. ‘‘(3) side impact head protection airbags; fails to meet the requirement of paragraph SEC. 802. FUEL ECONOMY TRUTH IN TESTING. and (3), the average fuel economy standard for (a) IN GENERAL.—Section 32907 of title 49, ‘‘(4) roof injury protection measures. passenger automobiles and light trucks man- United States Code, is amended by adding at ‘‘(b) HEAVY VEHICLE HARM REDUCTION COM- ufactured by a manufacturer in each model the end the following: PATIBILITY STANDARD.— year beginning with model year 2005 is the ‘‘(c) IMPROVED TESTING PROCEDURES.— ‘‘(1) Within 3 years after the date of enact- average fuel economy standard set forth in ‘‘(1) IN GENERAL.—The Administrator of the ment of the Energy Policy Act of 2002, the the following tables: Environmental Protection Agency shall con- Secretary, through the National Highway ‘‘For model year – The average fuel econ- duct— Traffic Safety Administration, shall pre- omy standard for ‘‘(A) an ongoing examination of the accu- scribe a federal motor vehicle safety stand- passenger auto- racy of fuel economy testing of passenger ard under this chapter that will reduce the mobiles is: automobiles and light trucks by the Admin- aggressivity of light trucks by 30 percent, ‘‘2005––– ...... 28 miles per gallon ‘‘2006––– ...... 28.5 miles per gallon istrator performed in accordance with the using a baseline of model year 2002, and will ‘‘2007 ––– ...... 30 miles per gallon procedures in effect as of the date of enact- improve vehicle compatibility in collisions ‘‘2008 ––– ...... 31 miles per gallon ment of the Energy Policy Act of 2002 for the between light trucks and cars, in order to ‘‘2009 ––– ...... 32.5 miles per gallon purpose of determining whether, and to what protect against unnecessary death and in- ‘‘2010 ––– ...... 34 miles per gallon extent, the fuel economy of passenger auto- jury. ‘‘2011 ––– ...... 35 miles per gallon ‘‘2012 ––– ...... 36.5 miles per gallon mobiles and light trucks as tested by the Ad- ‘‘(2) The Secretary should review the effec- ‘‘2013 and thereafter – ..... 38.3 miles per gallon ministrator differs from the fuel economy tiveness of this standard every five years fol- reasonably to be expected from those auto- lowing final issuance of the standard and ‘‘For model year – The average fuel econ- omy standard for mobiles and trucks when driven by average shall issue, through the National Highway light trucks is: drivers under average driving conditions; and Traffic Safety Administration, upgrades to ‘‘2005 ––– ...... 21.5 miles per gallon ‘‘(B) an assessment of the extent to which the standard to reduce fatalities and injuries ‘‘2006 ––– ...... 22.5 miles per gallon fuel economy changes during the life of pas- related to vehicle compatibility and light ‘‘2007 ––– ...... 23.5 miles per gallon senger automobiles and light trucks.’’. truck aggressivity.’’. ‘‘2008 ––– ...... 24.5 miles per gallon ‘‘(2) REPORT.—The Administrator of the (c) CONFORMING AMENDMENT.—The chapter ‘‘2009 ––– ...... 26 miles per gallon ‘‘2010 ––– ...... 27.5 miles per gallon Environmental Protection Agency shall, analysis for chapter 301 of title 49, United ‘‘2011 ––– ...... 29.5 miles per gallon within 12 months after the date of enactment States Code, is amended by inserting after ‘‘2012 ––– ...... 31 miles per gallon of the Energy Policy Act of 2002 and annu- the item relating to section 30127 the fol- ‘‘2013 and thereafter – ..... 32 miles per gallon ally thereafter, submit to the Committee on lowing: ‘‘30128. Improved crashworthiness’’. ‘‘(5) COMBINED STANDARD FOR MODEL YEARS Commerce, Science, and Transportation of SEC. 804. HIGH OCCUPANCY VEHICLE EXCEP- AFTER MODEL YEAR 2010.—Unless the default the Senate and the Committee on Commerce TION. standards under paragraph (4) are in effect, of the House of Representatives a report on (a) IN GENERAL.—Notwithstanding section for model years after model year 2010, the the results of the study required by para- 102(a)(1) of title 23, United States Code, a Secretary may by rulemaking establish— graph (1). The report shall include— State may, for the purpose of promoting en- ‘‘(A) separate average fuel economy stand- ‘‘(A) a comparison between— ergy conservation, permit a vehicle with ards for passenger automobiles and light ‘‘(i) fuel economy measured, for each fewer than 2 occupants to operate in high oc- trucks manufactured by a manufacturer; or model in the applicable model year, through cupancy vehicle lanes if it is a hybrid vehicle ‘‘(B) a combined average fuel economy testing procedures in effect as of the date of or is certified by the Secretary of Transpor- standard for passenger automobiles and light enactment of the Energy Policy Act of 2002; tation, after consultation with the Adminis- trucks manufactured by a manufacturer.’’; and trator of the Environmental Protection (4) by striking ‘‘the standard’’ in sub- ‘‘(ii) fuel economy of such passenger auto- Agency, to be a vehicle that runs only on an section (c)(1) and inserting ‘‘a standard’’; mobiles and light trucks during actual on- alternative fuel.

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(b) HYBRID VEHICLE DEFINED.—In this sec- ‘‘(4) CREDITS MAY BE TRADED BETWEEN PAS- (3) by inserting after ‘‘manufacturer.’’ in tion, the term ‘‘hybrid vehicle’’ means a SENGER AUTOMOBILES AND LIGHT TRUCKS AND subsection (e) ‘‘Credits earned with respect motor vehicle— BETWEEN DOMESTIC AND IMPORT FLEETS.—The to non-passenger automobiles or light trucks (1) which— system shall provide that credits earned may be used with respect to passenger auto- (A) draws propulsion energy from onboard under this section— mobiles.’’. sources of stored energy which are both— ‘‘(A) with respect to passenger automobiles SEC. 806. GREEN LABELS FOR FUEL ECONOMY. (i) an internal combustion or heat engine may be applied with respect to light trucks; Section 32908 of title 49, United States using combustible fuel; and ‘‘(B) with respect to light trucks may be Code, is amended— (ii) a rechargeable energy storage system; applied with respect to passenger auto- (1) by striking ‘‘title.’’ in subsection (a)(1) or mobiles; and inserting ‘‘title, and a light truck (as de- (B) recovers kinetic energy through regen- ‘‘(C) with respect to passenger automobiles fined in section 32901(17) after model year erative braking and provides at least 13 per- manufactured domestically may be applied 2005; and’’; cent maximum power from the electrical with respect to passenger automobiles not (2) by redesignating subparagraph (F) of storage device; manufactured domestically; and subsection (b)(1) as subparagraph (H), and in- (2) which, in the case of a passenger auto- ‘‘(D) with respect to passenger automobiles serting after subparagraph (E) the following: mobile or light truck— not manufactured domestically may be ap- ‘‘(F) a label (or a logo imprinted on a label (A) for 2002 and later model vehicles, has plied with respect to passenger automobiles required by this paragraph) that— received a certificate of conformity under manufactured domestically. ‘‘(i) reflects an automobile’s performance section 206 of the Clean Air Act (42 U.S.C. ‘‘(5) REPORT.—The Secretary and the Ad- on the basis of criteria developed by the Ad- 7525) and meets or exceeds the equivalent ministrator shall jointly submit an annual ministrator to reflect the fuel economy and qualifying California low emission vehicle report to the Congress— greenhouse gas and other emissions con- standard under section 243(e)(2) of the Clean ‘‘(A) describing the effectiveness of the sequences of operating the automobile over Air Act (42 U.S.C. 7583(e)(2)) for that make credits provided by this subsection achieving its likely useful life; and model year; and the purposes described in paragraph (2); and ‘‘(ii) permits consumers to compare per- (B) for 2004 and later model vehicles, has ‘‘(B) setting forth a full accounting of all formance results under clause (i) among all received a certificate that such vehicle credits, transfers, sales, and purchases for passenger automobiles and light duty trucks meets the Tier II emission level established the most recent model year for which data is (as defined in section 32901) and with vehicles in regulations prescribed by the Adminis- available.’’. in the vehicle class to which it belongs; and trator of the Environmental Protection (b) NO CARRYBACK OF CREDITS.—Section ‘‘(iii) is designed to encourage the manu- Agency under section 202(i) of the Clean Air 32903(a) of title 49, United States Code, is facture and sale of passenger automobiles Act (42 U.S.C. 7521(i)) for that make and amended— and light trucks that meet or exceed applica- model year vehicle; and (1) by striking ‘‘applied to—’’ and inserting (3) which is made by a manufacturer. ‘‘applied—’’; ble fuel economy standards under section (c) ALTERNATIVE FUEL DEFINED.—In this (2) by inserting ‘‘for model years before 32902; and section, the term ‘‘alternative fuel’’ has the model year 2006, to’’ in paragraph (1) before ‘‘(G) a fuelstar under paragraph (5).’’; and meaning such term has under section 301(2) ‘‘any’’; (3) by adding at the end of subsection (b) of the Energy Policy Act of 1992 (42 U.S.C. (3) by striking ‘‘and’’ after the semicolon the following: 13211(2)). in paragraph (1); ‘‘(4) GREEN LABEL PROGRAM.— SEC. 805. CREDIT TRADING PROGRAM. (4) by striking ‘‘earned.’’ in paragraph (2) ‘‘(A) MARKETING ANALYSIS.—Within 2 years (a) IN GENERAL.—Section 32903 of title 49, and inserting ‘‘earned; and’’; and after the date of enactment of the Energy United States Code, is amended by adding at (5) by adding at the end the following: Policy Act of 2002, the Administrator shall the end the following: ‘‘(3) for model years after 2001, in accord- complete a study of social marketing strate- ‘‘(g) VEHICLE CREDIT TRADING SYSTEM.— ance with the vehicle credit trading system gies with the goal of maximizing consumer ‘‘(1) IN GENERAL.—The Secretary of Trans- established under subsection (g), to any of understanding of point-of-sale labels or logos portation, with technical assistance from the the 3 consecutive model years immediately described in paragraph (1)(F). Administrator of the Environmental Protec- after the model year for which the credit was ‘‘(B) CRITERIA.—In developing criteria for tion Agency, may establish a system under earned.’’. the label or logo, the Administrator shall which manufacturers with credits under this (c) USE OF CREDIT VALUE TO CALCULATE also consider, among others as appropriate, section may sell those credits to other man- CIVIL PENALTY.—Section 32912(b) of title 49, the following factors: ufacturers or transfer them among a manu- United States Code, is amended— ‘‘(i) The amount of greenhouse gases that facturer’s fleets. (1) by inserting ‘‘and is unable to purchase will be emitted over the life-cycle of the ‘‘(2) PURPOSES.—The purposes of the sys- sufficient credits under section 32903(g) to automobile. tem are: comply with the standard’’ after ‘‘title’’ the ‘‘(ii) The fuel economy of the automobile. ‘‘(A) Reducing the adverse effects of ineffi- first place it appears; and ‘‘(iii) The recyclability of the automobile. cient consumption of fuel by passenger auto- (2) by striking all after ‘‘penalty’’ and in- ‘‘(iv) Any other pollutants or harmful by- mobiles and light trucks. serting ‘‘of the greater of— products related to the automobile, which ‘‘(B) Accelerating introduction of advanced ‘‘(1) an amount determined by multi- may include those generated during manu- technology vehicles into use in the United plying— facture of the automobile, those issued dur- States. ‘‘(A) the number of credits necessary to en- ing use of the automobile, or those generated ‘‘(C) Encouraging manufacturers to exceed able the manufacturer to meet that stand- after the automobile ceases to be operated. the average fuel economy standards estab- ard; by ‘‘(5) FUELSTAR PROGRAM.—The Secretary, lished by section 32902. ‘‘(B) 1.5 times the previous year’s weighted in consultation with the Administrator, ‘‘(D) Reducing emissions of carbon dioxide average open market price of a credit under shall establish a program, to be known as by passenger automobiles and light trucks. section 32903(g); or the ‘fuelstar’ program, under which stars ‘‘(E) Decreasing the United States’ con- ‘‘(2) $5 multiplied by each 0.1 of a mile a shall be imprinted on or attached to the sumption of oil as vehicular fuel. gallon by which the applicable average fuel label required by paragraph (1) that will, ‘‘(F) Providing manufacturers flexibility in economy standard under section 32902 ex- consistent with the findings of the mar- meeting the average fuel economy standards ceeds the average fuel economy— keting analysis required under subsection established by section 32902. ‘‘(A) calculated under section 32904(a)(1)(A) 4(A), provide consumer incentives to pur- ‘‘(G) Increasing consumer choice. or (B) for automobiles to which the standard chase vehicles that exceed the applicable ‘‘(3) PROGRAM REQUIREMENTS.—The system applied manufactured by the manufacturer fuel economy standard. established under paragraph (1) shall— during the model year; SEC. 807. LIGHT TRUCK CHALLENGE. ‘‘(A) make only credits accrued after the ‘‘(B) multiplied by the number of those (a) IN GENERAL.—The Secretary of Trans- date of enactment of the Energy Policy Act automobiles; and portation shall conduct an open competition of 2002 eligible for transfer or sale; ‘‘(C) reduced by the credits available to the for a project to demonstrate the feasibility ‘‘(B) use techniques and methods that min- manufacturer under section 32903 for the of multiple fuel hybrid electric vehicle imize reporting costs for manufacturers; model year.’’. powertrains in sport utility vehicles and ‘‘(C) provide for monitoring and (d) CONFORMING AMENDMENTS.—Section light trucks. The Secretary shall execute a verification of credit purchases; 32903 of title 49, United States Code, is contract with the entity determined by the ‘‘(D) require participating manufacturers amended— Secretary to be the winner of the competi- to report monthly sales of vehicles to the (1) by inserting ‘‘or light trucks’’ after tion under which the Secretary will provide Administrator of the Environmental Protec- ‘‘passenger automobiles’’ each place it ap- $10,000,000 to that entity in each of fiscal tion Agency; and pears in subsection (c); years 2003 and 2004 to carry out the project. ‘‘(E) make manufacturer-specific credit, (2) by inserting after ‘‘manufacturer.’’ in (b) PROJECT REQUIREMENTS.—Under the transfer, sale, and purchase information pub- subsection (d) ‘‘Credits earned with respect contract, the Secretary shall require the en- licly available through annual reports and to passenger automobiles may be used with tity to which the contract is awarded to— monthly posting of transactions on the respect to nonpassenger automobiles and (1) select a current model year production Internet. light duty trucks.’’; and vehicle;

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1282 CONGRESSIONAL RECORD — SENATE February 27, 2002 (2) modify that vehicle so that it— (2) a requirement that the vehicle, van, or section 301(2) of the Energy Policy Act of (A) meets all existing vehicle performance truck meet all applicable Federal standards 1992 (42 U.S.C. 13211(2)))’’. characteristics of the sport utility vehicle or for emissions and safety (except that crash SEC. 813. DATA COLLECTION. light truck selected for the project; testing shall not be required for a proto- Section 205 of the Department of Energy (B) improves the vehicle’s fuel economy type); and Organization Act (42 U.S.C. 7135) is amended rating by 50 percent or more (as measured by (3) such additional requirements as the by adding at the end the following: gasoline consumption); and Secretary may require in order to carry out ‘‘(m) In order to improve the ability to (3) meet the requirements of paragraph (2) the program. evaluate the effectiveness of the Nation’s re- in such a way that incorporation of the (d) AMOUNT OF PRIZE.—The Secretary shall newable fuels mandate, the Administrator modification in the manufacturer’s produc- award a prize of not less than $10,000 to each shall conduct and publish the results of a tion process would not increase the vehicle’s engineering team determined by the Sec- survey of renewable fuels consumption in the incremental production costs by more than retary to have successfully met the require- motor vehicle fuels market in the United 10 percent. ments of subsection (a)(1), (2), or (3). The States monthly, and in a manner designed to (c) ELIGIBLE ENTRANTS.—The competition Secretary shall provide for recognition of protect the confidentiality of individual re- conducted by the Secretary shall be open to any manufacturer to have met the require- sponses. In conducting the survey, the Ad- any entity, or consortium of nongovern- ments of subsection (b) with appropriate ministrator shall collect information both mental entities, educational institutions, ceremonies and activities, and may provide a on a national basis and a regional basis, in- and not-for-profit organizations, that— monetary award in an amount determined by cluding— (1) has the technical capability and re- the Secretary to be appropriate. (1) the quantity of renewable fuels pro- sources needed to complete the project suc- (e) AUTHORIZATION OF APPROPRIATIONS.— duced; cessfully; and There are authorized to be appropriated to (2) the cost of production; (2) has sufficient financial resources in ad- the Secretary of Transportation such sums (3) the cost of blending and marketing; dition to the contract amount, if necessary, as may be necessary to carry out this sec- (4) the quantity of renewable fuels con- to complete the contract successfully. tion. sumed; (d) AUTHORIZATION OF APPROPRIATIONS.— SEC. 810. COOPERATIVE TECHNOLOGY AGREE- (5) the quantity of renewable fuels im- There are authorized to be appropriated to MENTS. ported; and the Secretary of Transportation $10,000,000 (a) IN GENERAL.—The Secretary of Trans- (6) market price data. for each of fiscal years 2003 and 2004 to carry portation, in cooperation with the Adminis- SEC. 814. GREEN SCHOOL BUS PILOT PROGRAM. out this section. trator of the Environmental Protection (a) ESTABLISHMENT.—The Secretary of En- SEC. 808. SECRETARY OF TRANSPORTATION TO Agency, may execute a cooperative research ergy and the Secretary of Transportation CERTIFY BENEFITS. and development agreement with any manu- shall jointly establish a pilot program for Beginning with model year 2005, the Sec- facturer of passenger automobiles or light awarding grants on a competitive basis to el- retary of Transportation, in consultation trucks (as those terms are defined in section igible entities for the demonstration and with the Administrator of the Environ- 32901 of title 49, United States Code) to im- commercial application of alternative fuel mental Protection Agency, shall determine plement, utilize, and incorporate in produc- school buses and ultra-low sulfur diesel and certify annually to the Congress— tion government-developed or jointly-devel- school buses. oped fuel economy technology that will re- (1) the annual reduction in United States (b) REQUIREMENTS.—Not later than 3 consumption of petroleum used for vehicle sult in improvements in the average fuel months after the date of the enactment of fuel, and economy of any class of vehicles produced by this Act, the Secretary shall establish and (2) the annual reduction in greenhouse gas that manufacturer of at least 55 percent publish in the Federal Register grant re- emissions, properly attributable to the im- greater than the average fuel economy of quirements on eligibility for assistance, and plementation of the average fuel economy that class of vehicles for model year 2000. on implementation of the program estab- standards imposed under section 32902 of (b) AUTHORIZATION OF APPROPRIATIONS.— lished under subsection (a), including certifi- title 49, United States Code, as a result of There are authorized to be appropriated to cation requirements to ensure compliance the amendments made by this Act. the Secretary of Transportation and the Ad- with this subtitle. ministrator of the Environmental Protection SEC. 809. DEPARTMENT OF TRANSPORTATION (c) SOLICITATION.—Not later than 6 months ENGINEERING AWARD PROGRAM. Agency such sums as may be necessary to after the date of the enactment of this Act, (a) ENGINEERING TEAM AWARDS.—The Sec- carry out this section. the Secretary shall solicit proposals for retary of Transportation shall establish an Subtitle B—Alternative and Renewable Fuels grants under this section. engineering award program to recognize the SEC. 811. INCREASED USE OF ALTERNATIVE (d) ELIGIBLE RECIPIENTS.—A grant shall be engineering team of any manufacturer of FUELS BY FEDERAL FLEETS. awarded under this section only— passenger automobiles or light trucks (as (a) REQUIREMENT TO USE ALTERNATIVE (1) to a local governmental entity respon- such terms are defined in section 32901 of FUELS.—Section 400AA(a)(3)(E) of the Energy sible for providing school bus service for one title 49, United States Code) whose work di- Policy and Conservation Act (42 U.S.C. or more public school systems; or rectly results in production models of— 6374(a)(3)(E)) is amended to read as follows: (2) jointly to an entity described in para- (1) the first large sport utility vehicle, van, ‘‘(E) Dual fueled vehicles acquired pursu- graph (1) and a contracting entity that pro- or light truck to achieve a fuel economy rat- ant to this section shall be operated on alter- vides school bus service to the public school ing of 30 miles per gallon under section 32902 native fuels. If the Secretary determines system or systems. of such title; that all dual fueled vehicles acquired pursu- (e) TYPES OF GRANTS.— (2) the first mid-sized sport utility vehicle, ant to this section cannot operate on alter- (1) IN GENERAL.—Grants under this section van, or light truck to achieve a fuel economy native fuels at all times, he may waive the shall be for the demonstration and commer- rating of 35 miles per gallon under section requirement in part, but only to the extent cial application of technologies to facilitate 32902 of such title; and that: the use of alternative fuel school buses and (3) the first small sport utility vehicle, ‘‘(i) not later than September 30, 2003, not ultra-low sulfur diesel school buses instead van, or light truck to achieve a fuel economy less than 50 percent of the total annual vol- of buses manufactured before model year 1977 rating of 40 miles per gallon under section ume of fuel used in such dual fueled vehicles and diesel-powered buses manufactured be- 32902 of such title. shall be from alternative fuels; and fore model year 1991. (b) MANUFACTURER’S AWARD.—The Sec- ‘‘(ii) not later than September 30, 2005, not (2) NO ECONOMIC BENEFIT.—Other than the retary of Transportation shall establish an less than 75 percent of the total annual vol- receipt of the grant, a recipient of a grant Oil Independence Award to recognize the ume of fuel used in such dual fueled vehicles under this section may not receive any eco- first manufacturer of domestically-manufac- shall be from alternative fuels.’’. nomic benefit in connection with the receipt tured (within the meaning of section 32903 of (b) DEFINITION OF ‘‘DEDICATED VEHICLE’’.— of the grant. title 49, United States Code) passenger auto- Section 400AA(g)(4)(B) of the Energy Policy (3) PRIORITY OF GRANT APPLICATIONS.—The mobiles and light trucks to achieve a com- and Conservation Act (42 U.S.C. 6374(g)(4)(B)) Secretary shall give priority to awarding bined fuel economy rating of 37 miles per is amended by inserting after ‘‘solely on al- grants to applicants who can demonstrate gallon under section 32902 of such title. ternative fuel’’ the following: ‘‘, including a the use of alternative fuel buses and ultra- (c) REQUIREMENTS FOR PARTICIPATION IN three-wheeled enclosed electric vehicle hav- low sulfur diesel school buses instead of ENGINEERING TEAM AWARDS PROGRAM.—In es- ing a vehicle identification number’’. buses manufactured before model year 1977. tablishing the engineering team awards pro- SEC. 812. EXCEPTION TO HOV PASSENGER RE- (f) CONDITIONS OF GRANT.—A grant pro- gram under subsection (a), the Secretary QUIREMENTS FOR ALTERNATIVE vided under this section shall include the fol- shall establish eligibility requirements that FUEL VEHICLES. lowing conditions: include— Section 102(a)(1) of title 23, United States (1) All buses acquired with funds provided (1) a requirement that the vehicle, van, or Code, is amended by inserting after ‘‘re- under the grant shall be operated as part of truck be domestically-manufactured or quired’’ the following: ‘‘(unless, in the discre- the school bus fleet for which the grant was manufacturable (if a prototype) within the tion of the State transportation department, made for a minimum of 5 years. meaning of section 32903 of title 49, United the vehicle is being operated on, or is being (2) Funds provided under the grant may States Code; fueled by, an alternative fuel (as defined in only be used—

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(B) to provide— pressed natural gas, liquefied petroleum gas, Section 32917 of title 49, United States (i) up to 10 percent of the price of the alter- hydrogen, propane, or methanol or ethanol Code, is amended to read as follows: native fuel buses acquired, for necessary al- at no less than 85 percent by volume; and ‘‘§ 32917. Standards for executive agency ternative fuel infrastructure if the infra- (2) the term ‘‘ultra-low sulfur diesel school automobiles structure will only be available to the grant bus’’ means a school bus powered by diesel ‘‘(a) BASELINE AVERAGE FUEL ECONOMY.— recipient; and fuel which contains sulfur at not more than The head of each executive agency shall de- (ii) up to 15 percent of the price of the al- 15 parts per million. termine, for all automobiles in the agency’s ternative fuel buses acquired, for necessary SEC. 815. FUEL CELL BUS DEVELOPMENT AND fleet of automobiles that were leased or alternative fuel infrastructure if the infra- DEMONSTRATION PROGRAM. bought as a new vehicle in fiscal year 1999, structure will be available to the grant re- the average fuel economy for such auto- cipient and to other bus fleets. (a) ESTABLISHMENT OF PROGRAM.—The Sec- mobiles. For the purposes of this section, the (3) The grant recipient shall be required to retary shall establish a program for entering average fuel economy so determined shall be provide at least the lesser of 15 percent of into cooperative agreements with private the baseline average fuel economy for the the total cost of each bus received or $15,000 sector fuel cell bus developers for the devel- agency’s fleet of automobiles. per bus. opment of fuel cell-powered school buses, ‘‘(b) INCREASE OF AVERAGE FUEL ECON- (4) In the case of a grant recipient receiv- and subsequently with not less than 2 units OMY.—The head of an executive agency shall ing a grant to demonstrate ultra-low sulfur of local government using natural gas-pow- manage the procurement of automobiles for diesel school buses, the grant recipient shall ered school buses and such private sector that agency in such a manner that— be required to provide documentation to the fuel cell bus developers to demonstrate the ‘‘(1) not later than September 30, 2003, the satisfaction of the Secretary that diesel fuel use of fuel cell-powered school buses. average fuel economy of the new auto- containing sulfur at not more than 15 parts (b) COST SHARING.—The non-Federal con- mobiles in the agency’s fleet of automobiles per million is available for carrying out the tribution for activities funded under this sec- is not less than 1 mile per gallon higher than purposes of the grant, and a commitment by tion shall be not less than— the baseline average fuel economy deter- the applicant to use such fuel in carrying out (1) 20 percent for fuel infrastructure devel- mined under subsection (a) for that fleet; and the purposes of the grant. opment activities; and ‘‘(2) not later than September 30, 2005, the USES.—Funding under a grant made (2) 50 percent for demonstration activities (g) B average fuel economy of the new auto- under this section may only be used to dem- and for development activities not described mobiles in the agency’s fleet of automobiles onstrate the use of new alternative fuel in paragraph (1). is not less than 3 miles per gallon higher school buses or ultra-low sulfur diesel school (c) FUNDING.—No more than $25,000,000 of than the baseline average fuel economy de- buses that— the amounts authorized under section 815 termined under subsection (a) for that fleet. (1) have a gross vehicle weight greater may be used for carrying out this section for ‘‘(c) CALCULATION OF AVERAGE FUEL ECON- than 14,000 pounds; the period encompassing fiscal years 2003 OMY.—Average fuel economy shall be cal- (2) are powered by a heavy duty engine; through 2006. culated for the purposes of this section in ac- (3) in the case of alternative fuel school (d) REPORTS TO CONGRESS.—Not later than cordance with guidance which the Secretary buses, emit not more than— 3 years after the date of the enactment of of Transportation shall prescribe for the im- (A) for buses manufactured in model year this Act, and not later than October 1, 2006, plementation of this section. 2002, 2.5 grams per brake horsepower-hour of the Secretary shall transmit to the appro- ‘‘(d) DEFINITIONS.—In this section: nonmethane hydrocarbons and oxides of ni- priate congressional committees a report ‘‘(1) The term ‘automobile’ does not in- trogen and .01 grams per brake horsepower- that— clude any vehicle designed for combat-re- hour of particulate matter; and (1) evaluates the process of converting nat- lated missions, law enforcement work, or (B) for buses manufactured in model years ural gas infrastructure to accommodate fuel emergency rescue work. 2003 through 2006, 1.8 grams per brake horse- cell-powered school buses; and ‘‘(2) The term ‘executive agency’ has the power-hour of nonmethane hydrocarbons and (2) assesses the results of the development meaning given that term in section 105 of oxides of nitrogen and .01 grams per brake and demonstration program under this sec- title 5. horsepower-hour of particulate matter; and tion. ‘‘(3) The term ‘new automobile’, with re- (4) in the case of ultra-low sulfur diesel spect to the fleet of automobiles of an execu- school buses, emit not more than the lesser SEC. 816. AUTHORIZATION OF APPROPRIATIONS. tive agency, means an automobile that is of— There are authorized to be appropriated to leased for at least 60 consecutive days or (A) the emissions of nonmethane hydro- the Secretary of Energy for carrying out sec- bought, by or for the agency, after Sep- carbons, oxides of nitrogen, and particulate tions 814 and 815, to remain available until tember 30, 1999.’’. matter of the best performing technology of expended— SEC. 822. ASSISTANCE FOR STATE PROGRAMS TO the same class of ultra-low sulfur diesel (1) $50,000,000 for fiscal year 2003; RETIRE FUEL-INEFFICIENT MOTOR school buses commercially available at the (2) $60,000,000 for fiscal year 2004; VEHICLES. time the grant is made; or (3) $70,000,000 for fiscal year 2005; and (a) ESTABLISHMENT.—The Secretary shall (B) the applicable following amounts— (4) $80,000,000 for fiscal year 2006. establish a program, to be known as the ‘‘Na- (i) for buses manufactured in model year tional Motor Vehicle Efficiency Improve- SEC. 817. BIODIESEL FUEL USE CREDIT. 2002 or 2003, 3.0 grams per brake horsepower- ment Program.’’ Under this program, the hour of oxides of nitrogen and .01 grams per Section 312(c) of the Energy Policy Act of Secretary shall provide grants to States to brake horsepower-hour of particulate mat- 1992 (42 U.S.C. 13220(c)) is amended— operate programs to offer owners of pas- ter; and (1) by striking ‘‘NOT’’ in the subsection senger automobiles and light-duty trucks (ii) for buses manufactured in model years heading; and manufactured in model years more than 15 2004 through 2006, 2.5 grams per brake horse- (2) by striking ‘‘not’’. years prior to the fiscal year in which appro- power-hour of nonmethane hydrocarbons and SEC. 818. NEIGHBORHOOD ELECTRIC VEHICLES. priations are made under subsection (d) fi- oxides of nitrogen and .01 grams per brake nancial incentives to voluntarily— horsepower-hour of particulate matter. Section 301 of the Energy Policy Act of (1) scrap such automobiles and to replace (h) DEPLOYMENT AND DISTRIBUTION.—The 1992 (42 U.S.C. 13211) is amended— them with automobiles with higher fuel effi- Secretary shall seek to the maximum extent (1) by striking ‘‘or a dual fueled vehicle’’ ciency; or practicable to achieve nationwide deploy- and inserting ‘‘, a dual fueled vehicle, or a (2) repair such vehicles to improve their ment of alternative fuel school buses neighborhood electric vehicle’’; fuel economy. through the program under this section, and (2) by striking ‘‘and’’ at the end of para- (b) STATE PLAN.—Not later than 180 days shall ensure a broad geographic distribution graph (13); after the date of enactment of an appropria- of grant awards, with a goal of no State re- (3) by striking the period at the end of sub- tions act containing funds authorized under ceiving more than 10 percent of the grant paragraph (14) and inserting ‘‘; and’’; and subsection (d), to be eligible to receive funds funding made available under this section (4) by adding at the end the following: under the program, the Governor of a State for a fiscal year. ‘‘(15) the term ‘neighborhood electric vehi- shall submit to the Secretary a plan to carry (i) LIMIT ON FUNDING.—The Secretary shall cle’ means a motor vehicle that qualifies as out a program under this subtitle in that provide not less than 20 percent and not both— State. more than 25 percent of the grant funding ‘‘(A) a low-speed vehicle, as such term is (c) ELIGIBILITY CRITERIA.—The Secretary made available under this section for any fis- defined in section 571.3(b) of title 49, Code of shall approve a State plan and provide the cal year for the acquisition of ultra-low sul- Federal Regulations; and funds under subsection (d), if the State fur diesel school buses. ‘‘(B) a zero-emission vehicle, as such term plan— (j) DEFINITIONS.—For purposes of this sec- is defined in section 86.1703–99 of title 40, (1) for voluntary vehicle scrappage pro- tion— Code of Federal Regulations.’’. grams—

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(A) requires that all passenger automobiles (4) PASSENGER AUTOMOBILE.—The term each State to review and, if necessary, revise and light-duty trucks turned in be scrapped; ‘‘passenger automobile’’ has the meaning the energy conservation plan of the State (B) requires that prior to scrapping a vehi- given such term by section 32901(16) of title submitted under subsection (b) or (e). Such cle, the state provide public notification of 49, United States Code. reviews should consider the energy conserva- the intent to scrap and allow for the salvage (5) SECRETARY.—The term ‘‘Secretary’’ tion plans of other States within the region, of valuable parts from the vehicle; means the Secretary of Energy. and identify opportunities and actions that (C) requires that all passenger automobiles (6) STATE.—The term ‘‘State’’ means any of may be carried out in pursuit of common en- and light-duty trucks turned in be currently the several States and the District of Colum- ergy conservation goals.’’. registered in the State in order to be eligi- bia. (b) STATE ENERGY CONSERVATION GOALS.— ble; SEC. 823. IDLING REDUCTION SYSTEMS IN HEAVY Section 364 of the Energy Policy and Con- (D) requires that all passenger automobiles DUTY VEHICLES. servation Act (42 U.S.C. 6324) is amended to and light-duty trucks turned in be oper- Title III of the Energy Policy and Con- read as follows: ational at the time that they are turned in; servation Act (42 U.S.C. 6291 et seq.) is ‘‘SEC. 364. Each State energy conservation (E) restricts automobile owners (except amended by adding at the end the following: plan with respect to which assistance is not-for-profit organizations) from turning in ‘‘PART K—REDUCING TRUCK IDLING made available under this part on or after more than one passenger automobile and one ‘‘SEC. 400AAA. REDUCING TRUCK IDLING. the date of enactment of the Energy Policy light-duty truck in a 12-month period; ‘‘(a) STUDY.—Not later than 18 months Act of 2002 shall contain a goal, consisting of (F) provides an appropriate payment to the after the date of enactment of this section, an improvement of 25 percent or more in the person recycling the scrapped passenger the Secretary shall, in consultation with the efficiency of use of energy in the State con- automobile or light-duty truck for each Secretary of Transportation, commence a cerned in calendar year 2010 as compared to turned-in passenger automobile or light-duty study to analyze the potential fuel savings calendar year 1990, and may contain interim truck; resulting from long duration idling of main goals.’’. (G) provides a minimum payment to the drive engines in heavy-duty vehicles. (c) STATE ENERGY CONSERVATION GRANTS.— automobile owner for each passenger auto- ‘‘(b) REGULATIONS.—Upon completion of Section 365(f) of the Energy Policy and Con- mobile and light-duty truck turned in; the study under subsection (a), the Secretary servation Act (42 U.S.C. 6325(f)) is amended (H) provides, in addition to the payment may issue regulations requiring the installa- by striking ‘‘for fiscal years 1999 through 2003 under subparagraph (G), an additional credit tion of idling reduction systems on all newly such sums as may be necessary.’’ and insert- that may be redeemed by the owner of the manufactured heavy duty vehicles. ing: ‘‘$100,000,000 for each of fiscal years 2003 turned-in passenger automobile or light-duty ‘‘(c) DEFINITIONS.—As used in this section: and 2004; $125,000,000 for fiscal year 2005; and truck at the time of purchase of new fuel-ef- ‘‘(1) The term ‘heavy-duty vehicle’ means a such sums as may be necessary for each fis- ficient automobile; and vehicle that has a gross vehicle weight rat- cal year thereafter.’’. (I) estimates the fuel efficiency benefits of ing greater than 8,500 pounds and is powered SEC. 903. ENERGY EFFICIENT SCHOOLS. the program, and reports the estimated re- by a diesel engine. (a) ESTABLISHMENT.—There is established sults to the Secretary annually; and ‘‘(2) The term ‘idling reduction system’ in the Department of Energy the High Per- (2) for voluntary vehicle repair programs— means a device or system of devices used to formance Schools Program (in this section (A) requires the vehicle owner contribute reduce long duration idling of a diesel engine referred to as the ‘‘Program’’). at least 20 percent of the cost of the repairs; in a vehicle. (b) GRANTS.—The Secretary of Energy may (B) sets a ceiling beyond which the vehicle ‘‘(3) The term ‘long duration idling’ means make grants to a State energy office— owner is responsible for the cost of repairs; the operation of a main drive engine of a (1) to assist school districts in the State to (C) allows the vehicle owner to opt out of heavy-duty vehicle for a period of more than improve the energy efficiency of school the program if the cost of the repairs is con- 15 consecutive minutes when the main drive buildings; sidered to be too great; and engine is not engaged in gear, except that (2) to administer the Program; and (D) estimates the fuel economy benefits of such term does not include idling as a result (3) to promote participation in the Pro- the program and reports the estimated re- of traffic congestion or other impediments to gram. sults to the Secretary annually. the movement of a heavy-duty vehicle. (c) GRANTS TO ASSIST SCHOOL DISTRICTS.— (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(4) The term ‘vehicle’ has the meaning There are hereby authorized to be appro- The Secretary shall condition grants under given such term in section 4 of title 1, United priated to the Secretary to carry out this subsection (b)(1) on the State energy office States Code.’’. section such sums as may be necessary, to using the grants to assist school districts remain available until expended. TITLE IX—ENERGY EFFICIENCY AND AS- that have demonstrated— (e) ALLOCATION FORMULA.—The amounts SISTANCE TO LOW INCOME CONSUMERS (1) a need for the grants to build additional appropriated pursuant to subsection (d) shall Subtitle A—Low Income Assistance and State school buildings to meet increasing elemen- be allocated among the States on the basis of Energy Programs tary or secondary enrollments or to renovate existing school buildings; and the population of the States as contained in SEC. 901. INCREASED FUNDING FOR LIHEAP, the most recent reliable census data avail- WEATHERIZATION ASSISTANCE, AND (2) a commitment to use the grant funds to able from the Bureau of the Census, Depart- STATE ENERGY GRANTS. develop high performance school buildings in ment of Commerce, for all States at the time ‘‘(a) LIHEAP.—(1) Section 2602(b) of the accordance with a plan that the State energy that the Secretary needs to compute shares Low-Income Home Energy Assistance Act of office, in consultation with the State edu- under this subsection. 1981 (42 U.S.C. 8621(b)) is amended by striking cational agency, has determined is feasible (f) DEFINITIONS.—In this section: the first sentence and inserting the fol- and appropriate to achieve the purposes for (1) AUTOMOBILE.—The term ‘‘automobile’’ lowing: ‘‘There are authorized to be appro- which the grant is made. has the meaning given such term in section priated to carry out the provisions of this (d) GRANTS FOR ADMINISTRATION.—Grants 32901(3) of title 49, United States Code. title (other than section 2607A), $3,400,000,000 under subsection (b)(2) shall be used to— (2) FUEL-EFFICIENT AUTOMOBILE.— for each of fiscal years 2003 through 2005.’’. (1) evaluate compliance by school districts (A) The term ‘‘fuel-efficient automobile’’ (2) Section 2602(e) of the Low-Income Home with requirements of this section; means a passenger automobile or a light- Energy Assistance Act of 1981 (42 U.S.C. (2) distribute information and materials to duty truck that has an average fuel economy 8621(e)) is amended by striking ‘‘$600,000,000’’ clearly define and promote the development greater than the average fuel economy and inserting ‘‘$1,000,000,000’’. of high performance school buildings for standard prescribed pursuant to section 32902 (3) Section 2609A(a) of the Low-Income En- both new and existing facilities; of title 49, United States Code, or other law, ergy Assistance Act of 1981 (42 U.S.C. (3) organize and conduct programs for applicable to such passenger automobile or 8628a(a)) is amended by striking ‘‘not more school board members, school personnel, ar- light-duty truck. than $300,000’’ and inserting: ‘‘not more than chitects, engineers, and others to advance (B) The term ‘‘average fuel economy’’ has $750,000’’. the concepts of high performance school the meaning given such term in section (b) WEATHERIZATION ASSISTANCE.—Section buildings; 32901(5) of title 49, United States Code. 422 of the Energy Conservation and Produc- (4) obtain technical services and assistance (C) The term ‘‘average fuel economy stand- tion Act (42 U.S.C. 6872) is amended by strik- in planning and designing high performance ard’’ has the meaning given such term in sec- ing ‘‘for fiscal years 1999 through 2003 such school buildings; or tion 32901(6) of title 49, United States Code. sums as may be necessary.’’ and inserting: (5) collect and monitor data and informa- (D) The term ‘‘fuel economy’’ has the ‘‘$325,000,000 for fiscal year 2003, $400,000,000 tion pertaining to the high performance meaning given such term in section 32901(10) for fiscal year 2004, and $500,000,000 for fiscal school building projects. of title 49, United States Code. year 2005.’’. (e) GRANTS TO PROMOTE PARTICIPATION.— (3) LIGHT-DUTY TRUCK.—The term ‘‘light- SEC. 902. STATE ENERGY PROGRAMS. Grants under subsection (b)(3) shall be used duty truck’’ means an automobile that is not (a) STATE ENERGY CONSERVATION PLANS.— for promotional and marketing activities, a passenger automobile. Such term shall in- Section 362 of the Energy Policy and Con- including facilitating private and public fi- clude a pickup truck, a van, or a four-wheel- servation Act (42 U.S.C. 6322)) is amended by nancing, promoting the use of energy savings drive general utility vehicle, as those terms adding at the end the following: performance contracts, working with school are defined in section 600.002–85 of title 40, ‘‘(g) The Secretary shall, at least once administrations, students, and communities, Code of Federal Regulations. every three years, invite the Governor of and coordinating public benefit programs.

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(f) SUPPLEMENTING GRANT FUNDS.—The profit community development organiza- U.S.C. 8253(c)(1)) is amended to read as fol- State energy office shall encourage quali- tions and Indian tribe economic development lows: fying school districts to supplement funds entities to improve energy efficiency, iden- ‘‘(1)(A) An agency may exclude, from the awarded pursuant to this section with funds tify and develop alternative renewable and energy performance requirement for a cal- from other sources in the implementation of distributed energy supplies, and increase en- endar year established under subsection (a) their plans. ergy conservation in low income rural and and the energy management requirement es- (g) ALLOCATIONS.—Except as provided in urban communities. tablished under subsection (b), any Federal subsection (h), funds appropriated to carry (b) PURPOSE OF GRANTS.—The Secretary building or collection of Federal buildings, if out this section shall be allocated as follows: may make grants on a competitive basis to the head of the agency finds that— (1) 70 percent shall be used to make grants a community development organization for— ‘‘(i) compliance with those requirements under subsection (b)(1); (1) investments that develop alternative would be impracticable; (2) 15 percent shall be used to make grants renewable and distributed energy supplies; ‘‘(ii) the agency has completed and sub- under subsection (b)(2); and (2) energy efficiency projects and energy mitted all federally required energy manage- (3) 15 percent shall be used to make grants conservation programs; ment reports; under subsection (b)(3). (3) studies and other activities that im- ‘‘(iii) the agency has achieved compliance (h) OTHER FUNDS.—The Secretary of En- prove energy efficiency in low income rural with the energy efficiency requirements of ergy may retain an amount, not to exceed and urban communities; this Act, the Energy Policy Act of 1992, Ex- $300,000 per year, to assist State energy of- (4) planning and development assistance ecutives Orders, and other federal law; and fices in coordinating and implementing the for increasing the energy efficiency of build- ‘‘(iv) the agency has implemented all prac- Program. Such funds may be used to develop ings and facilities; and ticable, life-cycle cost-effective projects with reference materials to further define the (5) technical and financial assistance to respect to the Federal building or collection principles and criteria to achieve high per- local government and private entities on de- of Federal buildings to be excluded. formance school buildings. veloping new renewable and distributed ‘‘(B) A finding of impracticability under (i) AUTHORIZATION OF APPROPRIATIONS.— sources of power or combined heat and power subparagraph (A)(i) shall be based on— For grants under subsection (b) there are au- generation. ‘‘(i) the energy intensiveness of activities thorized to be appropriated— (c) DEFINITION.—For purposes of this sec- carried out in the Federal building or collec- (1) $200,000,000 for fiscal year 2003; tion, the term ‘‘Indian tribe’’ means any In- tion of Federal buildings; or (2) $210,000,000 for fiscal year 2004; dian tribe, band, nation, or other organized ‘‘(ii) the fact that the Federal building or (3) $220,000,000 for fiscal year 2005; group or community, including any Alaskan collection of Federal buildings is used in the (4) $230,000,000 for fiscal year 2006; and Native Village or regional or village corpora- performance of a national security func- (5) such sums as may be necessary for fis- tion as defined in or established pursuant to tion.’’. cal year 2007 and each fiscal year thereafter the Alaska Native Claims Settlement Act (43 (d) REVIEW BY SECRETARY.—Section through fiscal year 2012. U.S.C. 1601 et seq.), which is recognized as el- 543(c)(2) of the National Energy Conservation (j) DEFINITIONS.—For purposes of this sec- Policy Act (42 U.S.C. 8253(c)(2)) is amended— tion: igible for the special programs and services provided by the United States to Indians be- (1) by striking ‘‘impracticability stand- (1) HIGH PERFORMANCE SCHOOL BUILDING.— ards’’ and inserting ‘‘standards for exclu- The term ‘‘high performance school build- cause of their status as Indians. sion’’; and ing’’ means a school building that, in its de- (d) AUTHORIZATION OF APPROPRIATIONS.— (2) by striking ‘‘a finding of imprac- sign, construction, operation, and mainte- For the purposes of this section there are au- ticability’’ and inserting ‘‘the exclusion’’. nance— thorized to be appropriated to the Secretary of Energy an amount not to exceed $10 mil- (e) CRITERIA.—Section 543(c) of the Na- (A) maximizes use of renewable energy and tional Energy Conservation Policy Act (42 energy-efficient technologies and systems; lion for fiscal year 2003 and each fiscal year thereafter through fiscal year 2005. U.S.C. 8253(c)) is further amended by adding (B) is cost-effective on a life-cycle basis; at the end the following: Subtitle B—Federal Energy Efficiency (C) achieves either— ‘‘(3) Not later than 180 days after the date (i) the applicable Energy Star building en- SEC. 911. ENERGY MANAGEMENT REQUIRE- of enactment of this paragraph, the Sec- ergy performance ratings, or MENTS. retary shall issue guidelines that establish (ii) energy consumption levels at least 30 (a) ENERGY REDUCTION GOALS.—Section criteria for exclusions under paragraph (1).’’. percent below those of the most recent 543(a)(1) of the National Energy Conservation (f) REPORTS.—Section 548(b) of the Na- version of ASHRAE Standard 90.1; Policy Act (42 U.S.C. 8253(a)(1)) is amended tional Energy Conservation Policy Act (42 (D) uses affordable, environmentally pref- to read as follows: U.S.C. 8258(b)) is amended— erable, and durable materials; ‘‘(1) Subject to paragraph (2), each agency (1) in the subsection heading, by inserting (E) enhances indoor environmental qual- shall apply energy conservation measures to, ‘‘The PRESIDENT and’’ before ‘‘CONGRESS’’; ity; and shall improve the design for the con- and (F) protects and conserves water; and struction of, the Federal buildings of the (2) by inserting ‘‘President and’’ before (G) optimizes site potential. agency (including each industrial or labora- ‘‘Congress’’. (2) RENEWABLE ENERGY.—The term ‘‘renew- tory facility) so that the energy consump- (g) CONFORMING AMENDMENT.—Section able energy’’ means energy produced by tion per gross square foot of the Federal 550(d) of the National Energy Conservation solar, wind, biomass, ocean, geothermal, or buildings of the agency in fiscal years 2002 Policy Act (42 U.S.C. 8258b(d)) is amended in hydroelectric power. through 2011 is reduced, as compared with the second sentence by striking ‘‘the 20 per- (3) SCHOOL.—The term ‘‘school’’ means— the energy consumption per gross square cent reduction goal established under sec- (A) an ‘‘elementary school’’ as that term is foot of the Federal buildings of the agency in tion 543(a) of the National Energy Conserva- defined in section 14101(14) of the Elementary fiscal year 2000, by the percentage specified tion Policy Act (42 U.S.C. 8253(a)).’’ and in- and Secondary Education Act of 1965 (20 in the following table: serting ‘‘each of the energy reduction goals U.S.C. 8801(14)), ‘‘Fiscal Year Percentage reduction established under section 543(a).’’. (B) a ‘‘secondary school’’ as that term is 2002– ...... 2 SEC. 912. ENERGY USE MEASUREMENT AND AC- defined in section 14101(25) of the Elementary 2003– ...... 4 COUNTABILITY. and Secondary Education Act of 1965 (20 2004 ...... 6 Section 543 of the National Energy Con- U.S.C. 8801(25)), or 2005 ...... 8 servation Policy Act (42 U.S.C. 8253) is fur- (C) an elementary or secondary Indian 2006– ...... 10 ther amended by adding at the end the fol- school funded by the Bureau of Indian Af- 2007– ...... 12 lowing: fairs. 2008– ...... 14 ‘‘(e) METERING OF ENERGY USE.— (4) STATE EDUCATIONAL AGENCY.—The term 2009– ...... 16 ‘‘(1) DEADLINE.—By October 1, 2004, all Fed- ‘‘State educational agency’’ has the same 2010– ...... 18 eral buildings shall be metered or sub- meaning given such term in section 14101(28) 2011 ...... 20.’’. metered in accordance with guidelines estab- of the Elementary and Secondary Education (b) REVIEW AND REVISION OF ENERGY PER- lished by the Secretary under paragraph (2). Act of 1965 (20 U.S.C. 8801(28)). FORMANCE REQUIREMENT.—Section 543(a) of ‘‘(2) GUIDELINES.— (5) STATE ENERGY OFFICE.—The term the National Energy Conservation Policy ‘‘(A) IN GENERAL.—Not later than 180 days ‘‘State energy office’’ means the State agen- Act (42 U.S.C. 8253(a)) is further amended by after the date of enactment of this sub- cy responsible for developing State energy adding at the end the following: section, the Secretary, in consultation with conservation plans under section 362 of the ‘‘(3) Not later than December 31, 2010, the the Department of Defense, the General Energy Policy and Conservation Act (42 Secretary shall review the results of the im- Service Administration and representatives U.S.C. 6322), or, if no such agency exists, a plementation of the energy performance re- from the metering industry, energy services State agency designated by the Governor of quirement established under paragraph (1) industry, national laboratories, universities the State. and submit to Congress recommendations and federal facility energy managers, shall SEC. 904. LOW INCOME COMMUNITY ENERGY EF- concerning energy performance require- establish guidelines for agencies to carry out FICIENCY PILOT PROGRAM. ments for calendar years 2012 through 2021.’’. paragraph (1). (a) GRANTS.—The Secretary of Energy is (c) EXCLUSIONS.—Section 543(c)(1) of the ‘‘(B) REQUIREMENTS FOR GUIDELINES.—The authorized to make grants to private, non- National Energy Conservation Policy Act (42 guidelines shall—

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‘‘(i) take into consideration— amendments to ASHRAE Standard 90.1 or ‘‘(3) PROCUREMENT PLANNING.—The head of ‘‘(I) the cost of metering and submetering the 2000 International Energy Conservation an executive agency shall incorporate into and the reduced cost of operation and main- Code, the Secretary of Energy shall deter- the specifications for all procurements in- tenance expected to result from metering mine, based on the cost-effectiveness of the volving energy consuming products and sys- and submetering; requirements under the amendments, wheth- tems, and into the factors for the evaluation ‘‘(II) the extent to which metering and sub- er the revised standards established under of offers received for the procurement, cri- metering are expected to result in increased this paragraph should be updated to reflect teria for energy efficiency that are con- potential for energy management, increased the amendments. sistent with the criteria used for rating En- potential for energy savings and energy effi- ‘‘(C) STATEMENT ON COMPLIANCE OF NEW ergy Star products and for rating FEMP des- ciency improvement, and cost and energy BUILDINGS.—In the budget request of the Fed- ignated products. savings due to utility contract aggregation; eral agency for each fiscal year and each re- ‘‘(c) LISTING OF ENERGY EFFICIENT PROD- and port submitted by the Federal agency under UCTS IN FEDERAL CATALOGS.—Energy Star ‘‘(III) the measurement and verification section 548(a) of the National Energy Con- and FEMP designated products shall be protocols of the Department of Energy; servation Policy Act (42 U.S.C. 8258(a)), the clearly identified and prominently displayed ‘‘(ii) include recommendations concerning head of each Federal agency shall include— in any inventory or listing of products by the amount of funds and the number of ‘‘(i) a list of all new Federal buildings of the General Services Administration or the trained personnel necessary to gather and the Federal agency; and Defense Logistics Agency. (b) CONFORMING AMENDMENT.—The table of use the metering information to track and ‘‘(ii) a statement concerning whether the contents in section 1(b) of the National En- reduce energy use; Federal buildings meet or exceed the revised ergy Conservation Policy Act (42 U.S.C. 8201 ‘‘(iii) establish 1 or more dates, not later standards established under this paragraph, than 1 year after the date of issuance of the note) is amended by inserting after the item including a monitoring and commissioning relating to section 551 the following: guidelines, on which the requirement speci- report that is in compliance with the meas- fied in paragraph (1) shall take effect; and urement and verification protocols of the De- ‘‘Sec. 552. Federal Government procurement ‘‘(iv) establish exclusions from the require- partment of Energy. of energy efficient products.’’ ment specified in paragraph (1) based on the ‘‘(D) AUTHORIZATION OF APPROPRIATIONS.— (c) REGULATIONS.—Not later than 180 days de minimus quantity of energy use of a Fed- There are authorized to be appropriated such after the effective date specified in sub- eral building, industrial process, or struc- sums as are necessary to carry out this para- section (f), the Secretary of Energy shall ture. graph and to implement the revised stand- issue guidelines to carry out section 552 of SE OF ENERGY CONSUMPTION DATA IN ‘‘(f) U ards established under this paragraph.’’. the National Energy Conservation Policy EDERAL UILDINGS F B .— (b) ENERGY LABELING PROGRAM.—Section Act (as added by subsection (a)). ‘‘(1) IN GENERAL.—Beginning not later than 305(a) of the Energy Conservation and Pro- (d) DESIGNATION OF ENERGY STAR PROD- January 1, 2003, each agency shall use, to the duction Act (42 U.S.C. 6834(a)) is further UCTS.—The Administrator of the Environ- maximum extent practicable, for the pur- amended by adding at the end the following: mental Protection Agency and the Secretary poses of efficient use of energy and reduction ‘‘(e) ENERGY LABELING PROGRAM.—The Sec- of Energy shall expedite the process of desig- in the cost of electricity used in the Federal retary of Energy, in cooperation with the nating products as Energy Star products (as buildings of the agency, interval consump- Administrator of the Environmental Protec- defined in section 552 of the National Energy tion data that measure on a real-time or tion Agency, shall develop an energy label- Conservation Policy Act (as added by sub- daily basis consumption of electricity in the ing program for new Federal buildings that section (a)). Federal buildings of the agency. exceed the revised standards established (e) DESIGNATION OF ELECTRIC MOTORS.—In ‘‘(2) PLAN.—As soon as practicable after under subsection (a)(3) by 15 percent or the case of electric motors of 1 to 500 horse- the date of enactment of this subsection, in more.’’. power, agencies shall select only premium efficient motors that meet a standard des- a report submitted by the agency under sec- SEC. 914. PROCUREMENT OF ENERGY EFFICIENT tion 548(a), each agency shall submit to the PRODUCTS. ignated by the Secretary. The Secretary Secretary a plan describing how the agency (a) REQUIREMENTS.—Part 3 of title V of the shall designate such a standard within 120 will implement the requirement of para- National Energy Conservation Policy Act is days of the enactment of this paragraph, graph (1), including how the agency will des- amended by adding at the end the following: after considering the recommendations of as- sociated electric motor manufacturers and ignate personnel primarily responsible for ‘‘SEC. 552. FEDERAL PROCUREMENT OF ENERGY achieving the requirement.’’. EFFICIENT PRODUCTS. energy efficiency groups. (f) EFFECTIVE DATE.—Subsection (a) and ‘‘(a) DEFINITIONS.—In this section: SEC. 913. FEDERAL BUILDING PERFORMANCE the amendment made by that subsection STANDARDS. ‘‘(1) ENERGY STAR PRODUCT.—The term ‘En- take effect on the date that is 180 days after (a) REVISED STANDARDS.—Section 305(a) of ergy Star product’ means a product that is the date of enactment of this Act. the Energy Conservation and Production Act rated for energy efficiency under an Energy (42 U.S.C. 6834(a)) is amended— Star program. SEC. 915. REPEAL OF ENERGY SAVINGS PER- FORMANCE CONTRACT SUNSET. (1) in paragraph (2)(A), by striking ‘‘CABO ‘‘(2) ENERGY STAR PROGRAM.—The term Section 801(c) of the National Energy Con- Model Energy Code, 1992’’ and inserting ‘‘the ‘Energy Star program’ means the program servation Policy Act (42 U.S.C. 8287(c)) is re- 2000 International Energy Conservation established by section 324A of the Energy pealed. Code’’; and Policy and Conservation Act. SEC. 916. ENERGY SAVINGS PERFORMANCE CON- (2) by adding at the end the following: ‘‘(3) EXECUTIVE AGENCY.—The term ‘execu- TRACT DEFINITIONS. EVISED FEDERAL BUILDING ENERGY EFFI (3) R - tive agency’ has the meaning given the term (a) ENERGY SAVINGS.—Section 804(2) of the CIENCY PERFORMANCE STANDARDS.— in section 4 of the Office of Federal Procure- National Energy Conservation Policy Act (42 ‘‘(A) IN GENERAL.—Not later than 1 year ment Policy Act (41 U.S.C. 403). U.S.C. 8287c(2)) is amended to read as follows: after the date of enactment of this para- ‘‘(4) FEMP DESIGNATED PRODUCT.—The ‘‘(2) The term ‘energy savings’ means a re- graph, the Secretary of Energy shall estab- term ‘FEMP designated product’ means a duction in the cost of energy or water, from lish, by rule, revised Federal building energy product that is designated under the Federal a base cost established through a method- efficiency performance standards that re- Energy Management Program of the Depart- ology set forth in the contract, used in an quire that, if cost-effective— ment of Energy as being among the highest existing federally owned building or build- ‘‘(i) new commercial buildings and multi- 25 percent of equivalent products for energy ings or other federally owned facilities as a family high rise residential buildings be con- efficiency. result of— structed so as to achieve the applicable En- ‘‘(b) PROCUREMENT OF ENERGY EFFICIENT ‘‘(A) the lease or purchase of operating ergy Star building energy performance rat- PRODUCTS.— equipment, improvements, altered operation ings or energy consumption levels at least 30 ‘‘(1) REQUIREMENT.—To meet the require- and maintenance, or technical services; percent below those of the most recent ments of an executive agency for an energy ‘‘(B) the increased efficient use of existing ASHRAE Standard 90.1, whichever results in consuming product, the head of the execu- energy sources by cogeneration or heat re- the greater increase in energy efficiency; tive agency shall, except as provided in para- covery, excluding any cogeneration process ‘‘(ii) new residential buildings (other than graph (2), procure— for other than a federally owned building or those described in clause (i)) be constructed ‘‘(A) an Energy Star product; or buildings or other federally owned facilities; so as to achieve the applicable Energy Star ‘‘(B) a FEMP designated product. or building energy performance ratings or ‘‘(2) EXCEPTIONS.—The head of an executive ‘‘(C) the increased efficient use of existing achieve energy consumption levels at least agency is not required to procure an Energy water sources.’’. 30 percent below the requirements of the Star product or FEMP designated product (b) ENERGY SAVINGS CONTRACT.—Section most recent version of the International En- under paragraph (1) if— 804(3) of the National Energy Conservation ergy Conservation Code, whichever results in ‘‘(A) an Energy Star product or FEMP des- Policy Act (42 U.S.C. 8287c(3)) is amended to the greater increase in energy efficiency; and ignated product is not cost effective over the read as follows: ‘‘(iii) sustainable design principles are ap- life cycle of the product; or ‘‘(3) The terms ‘energy savings contract’ plied to the siting, design, and construction ‘‘(B) no Energy Star product or FEMP des- and ‘energy savings performance contract’ of all new and replacement buildings. ignated product is reasonably available that mean a contract which provides for the per- ‘‘(B) ADDITIONAL REVISIONS.—Not later meets the requirements of the executive formance of services for the design, acquisi- than 1 year after the date of approval of agency. tion, installation, testing, operation, and,

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where appropriate, maintenance and repair, ‘‘(A) IN GENERAL.—Subject to the avail- dent, in consultation with the Secretary and of an identified energy or water conservation ability of appropriations and to subpara- the Secretary of the Treasury. measure or series of measures at one or more graph (B), the Secretary of the Treasury ‘‘(ii) WAIVER OR REDUCTION OF INTEREST.— locations.’’. shall deposit in the Bank an amount equal to The Secretary may waive or reduce the rate (c) ENERGY OR WATER CONSERVATION MEAS- $250,000,000 in fiscal year 2003 and in each fis- of interest required to be paid under clause URE.—Section 804(4) of the National Energy cal year thereafter. (i) if the Secretary determines that payment Conservation Policy Act (42 U.S.C. 8287c(4)) ‘‘(B) MAXIMUM AMOUNT IN BANK.—Deposits of interest by a Federal agency at the rate is amended to read as follows: under subparagraph (A) shall cease beginning determined under that clause is not required ‘‘(4) The term ‘energy or water conserva- with the fiscal year following the fiscal year to fund the operations of the Bank. tion measure’ means— in which the amounts in the Bank (including ‘‘(iii) DETERMINATION OF INTEREST RATE.— ‘‘(A) an energy conservation measure, as amounts on loan from the Bank) become The interest rate determined under clause (i) defined in section 551(4) (42 U.S.C. 8259(4)); or equal to or exceed $1,000,000,000. shall be at a rate that is sufficient to ensure ‘‘(B) a water conservation measure that ‘‘(3) INVESTMENT OF AMOUNTS.—The Sec- that, beginning not later than October 1, improves water efficiency, is life cycle cost retary of the Treasury shall invest such por- 2007, interest payments will be sufficient to effective, and involves water conservation, tion of the Bank as is not, in the judgment fully fund the operations of the Bank. water recycling or reuse, more efficient of the Secretary, required to meet current ‘‘(iv) INSUFFICIENCY OF APPROPRIATIONS.— treatment of wastewater or stormwater, im- withdrawals. Investments may be made only ‘‘(I) REQUEST FOR APPROPRIATIONS.—As part provements in operation or maintenance ef- in interest-bearing obligations of the United of the budget request of the Federal agency ficiencies, retrofit activities or other related States. for each fiscal year, the head of each Federal activities, not at a Federal hydroelectric fa- ‘‘(c) LOANS FROM THE BANK.— agency shall submit to the President a re- cility.’’. ‘‘(1) IN GENERAL.—The Secretary of the quest for such amounts as are necessary to Treasury shall transfer from the Bank to the SEC. 917. REVIEW OF ENERGY SAVINGS PER- make such repayments as are expected to be- FORMANCE CONTRACT PROGRAM. Secretary such amounts as are appropriated come due in the fiscal year under this sub- Within 180 days after the date of the enact- to carry out the loan program under para- paragraph. graph (2). ment of this Act, the Secretary of Energy ‘‘(II) SUSPENSION OF REPAYMENT REQUIRE- ‘‘(2) LOAN PROGRAM.— shall complete a review of the Energy Sav- MENT.—If, for any fiscal year, sufficient ap- ings Performance Contract program to iden- ‘‘(A) ESTABLISHMENT.— propriations are not made available to a Fed- tify statutory, regulatory, and administra- ‘‘(i) IN GENERAL.—In accordance with sub- eral agency to make repayments under this section (d), the Secretary, in consultation tive obstacles that prevent Federal agencies subparagraph, the Bank shall suspend the re- with the Secretary of Defense, the Adminis- from fully utilizing the program. In addition, quirement of repayment under this subpara- trator of General Services, and the Director this review shall identify all areas for in- graph until such appropriations are made of the Office of Management and Budget, creasing program flexibility and effective- available. shall establish a program to make loans of ness, including audit and measurement ‘‘(E) FEDERAL AGENCY ENERGY BUDGETS.— amounts in the Bank to any Federal agency verification requirements, accounting for en- Until a loan is repaid, a Federal agency that submits an application satisfactory to ergy use in determining savings, contracting budget submitted by the President to Con- the Secretary in order to pay the costs of a requirements, and energy efficiency services gress for a fiscal year shall not be reduced by project described in subparagraph (C). covered. The Secretary shall report these the value of energy savings accrued as a re- ‘‘(ii) COMMENCEMENT OF OPERATIONS.—The findings to the Committee on Energy and Secretary may begin— sult of any energy conservation measure im- Commerce of the House of Representatives ‘‘(I) accepting applications for loans from plemented using amounts from the Bank. and the Committee on Energy and Natural the Bank in fiscal year 2002; and ‘‘(F) NO RESCISSION OR REPROGRAMMING.—A Resources of the Senate, and shall imple- ‘‘(II) making loans from the Bank in fiscal Federal agency shall not rescind or repro- ment identified administrative and regu- year 2003. gram loan amounts made available from the latory changes to increase program flexi- Bank except as permitted under guidelines ‘‘(B) ENERGY SAVINGS PERFORMANCE CON- bility and effectiveness to the extent that TRACTING FUNDING.—To the extent prac- issued under subparagraph (G). such changes are consistent with statutory ticable, an agency shall not submit a project ‘‘(G) GUIDELINES.—The Secretary shall authority. for which energy performance contracting issue guidelines for implementation of the SEC. 918. FEDERAL ENERGY BANK. funding is available and is acceptable to the loan program under this paragraph, includ- Part 3 of title V of the National Energy Federal agency under title VIII. ing selection criteria, maximum loan Conservation Policy Act is amended by add- ‘‘(C) PURPOSES OF LOAN.— amounts, and loan repayment terms. ing at the end the following: ‘‘(i) IN GENERAL.—A loan from the Bank ‘‘(d) SELECTION CRITERIA.— ‘‘SEC. 553. FEDERAL ENERGY BANK. may be used to pay— ‘‘(1) IN GENERAL.—The Secretary shall es- ‘‘(a) DEFINITIONS.—In this section: ‘‘(I) the costs of an energy or water effi- tablish criteria for the selection of projects ‘‘(1) BANK.—The term ‘Bank’ means the ciency project, or a renewable or alternative to be awarded loans in accordance with para- Federal Energy Bank established by sub- energy project, for a new or existing Federal graph (2). section (b). building (including selection and design of ‘‘(2) SELECTION CRITERIA.— ‘‘(2) ENERGY OR WATER EFFICIENCY the project); ‘‘(A) IN GENERAL.—The Secretary may PROJECT.—The term ‘energy or water effi- ‘‘(II) the costs of an energy metering plan make loans from the Bank only for a project ciency project’ means a project that assists a and metering equipment installed pursuant that— Federal agency in meeting or exceeding the to section 543(e) or for the purpose of ‘‘(i) is technically feasible; energy or water efficiency requirements of— verification of the energy savings under an ‘‘(ii) is determined to be cost-effective ‘‘(A) this part; energy savings performance contract under using life cycle cost methods established by ‘‘(B) title VIII; title VIII; or the Secretary; ‘‘(C) subtitle F of title I of the Energy Pol- ‘‘(III) at the time of contracting, the costs ‘‘(iii) includes a measurement and manage- icy Act of 1992 (42 U.S.C. 8262 et seq.); or of cofunding of an energy savings perform- ment component, based on the measurement ‘‘(D) any applicable Executive order, in- ance contract (including a utility energy and verification protocols of the Department cluding Executive Order No. 13123. service agreement) in order to shorten the of Energy, to— ‘‘(3) FEDERAL AGENCY.—The term ‘Federal payback period of the project that is the sub- ‘‘(I) commission energy savings for new agency’ means— ject of the energy savings performance con- and existing Federal facilities; ‘‘(A) an Executive agency (as defined in tract. ‘‘(II) monitor and improve energy effi- section 105 of title 5, United States Code); ‘‘(ii) LIMITATION.—A Federal agency may ciency management at existing Federal fa- ‘‘(B) the United States Postal Service; use not more than 10 percent of the amount cilities; and ‘‘(C) Congress and any other entity in the of a loan under subclause (I) or (II) of clause ‘‘(III) verify the energy savings under an legislative branch; and (i) to pay the costs of administration and energy savings performance contract under ‘‘(D) a Federal court and any other entity proposal development (including data collec- title VIII; in the judicial branch. tion and energy surveys). and ‘‘(b) ESTABLISHMENT OF BANK.— ‘‘(iii) RENEWABLE AND ALTERNATIVE ENERGY ‘‘(iv)(I) in the case of renewable energy or ‘‘(1) IN GENERAL.—There is established in PROJECTS.—Not more than 25 percent of the alternative energy project, has a simple pay- the Treasury of the United States a fund to amount on loan from the Bank at any time back period of not more than 15 years; and be known as the ‘Federal Energy Bank’, con- may be loaned for renewable energy and al- ‘‘(II) in the case of any other project, has sisting of— ternative energy projects (as defined by the a simple payback period of not more than 10 ‘‘(A) such amounts as are deposited in the Secretary in accordance with applicable law years. Bank under paragraph (2); (including Executive Orders)). ‘‘(B) PRIORITY.—In selecting projects, the ‘‘(B) such amounts as are repaid to the ‘‘(D) REPAYMENTS.— Secretary shall give priority to projects Bank under subsection (c)(2)(D); and ‘‘(i) IN GENERAL.—Subject to clauses (ii) that— ‘‘(C) any interest earned on investment of through (iv), a Federal agency shall repay to ‘‘(i) are a component of a comprehensive amounts in the Bank under paragraph (3). the Bank the principal amount of a loan plus energy management project for a Federal fa- ‘‘(2) DEPOSITS IN BANK.— interest at a rate determined by the Presi- cility; and

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1288 CONGRESSIONAL RECORD — SENATE February 27, 2002 ‘‘(ii) are designed to significantly reduce renewable energy technology, such as energy (6) In section 322 (b)(1)(B) and (b)(2)(A), by the energy use of the Federal facility. savings performance contracts described in inserting ‘‘or per business in the case of a ‘‘(e) REPORTS AND AUDITS.— title VIII. commercial product’’ after ‘‘per-household’’ ‘‘(1) REPORTS TO THE SECRETARY.—Not later ‘‘(d) CAPITOL VISITOR CENTER.—The Archi- each place it appears. than 1 year after the completion of installa- tect— (7) In section 322 (b)(2)(A), by inserting ‘‘or tion of a project that has a cost of more than ‘‘(1) shall ensure that state-of-the-art en- businesses in the case of commercial prod- $1,000,000, and annually thereafter, a Federal ergy efficiency and renewable energy tech- ucts’’ after ‘households’’ each place it ap- agency shall submit to the Secretary a re- nologies are used in the construction and de- pears. port that— sign of the Visitor Center; and (8) In section 322 (B)(2)(C)— ‘‘(A) states whether the project meets or ‘‘(2) shall include in the Visitor Center an (A) by striking ‘‘term’’ and inserting fails to meet the energy savings projections exhibit on the energy efficiency and renew- ‘‘terms’’; and for the project; and able energy measures used in congressional (B) by inserting ‘‘and ‘business’ ’’ after ‘‘(B) for each project that fails to meet the buildings. ‘‘household’’. energy savings projections, states the rea- ‘‘(e) ANNUAL REPORT.—The Architect shall (9) In section 323 (b)(1) (B) by inserting ‘‘or sons for the failure and describes proposed submit to Congress annually a report on con- commercial’’ after ‘‘consumer’’. remedies. gressional energy management and con- ‘‘(2) AUDITS.—The Secretary may audit, or servation programs required under this sec- SEC. 923. ADDITIONAL DEFINITIONS. tion that describes in detail— require a Federal agency that receives a loan Section 321 of the Energy Policy and Con- ‘‘(1) energy expenditures and savings esti- from the Bank to audit, any project financed servation Act (42 U.S.C. 6291) is amended by with amounts from the Bank to assess the mates for each facility;––– adding at the end the following: performance of the project. ‘‘(2) energy management and conservation ‘‘(32) The term ‘battery charger’ means a ‘‘(3) REPORTS TO CONGRESS.—At the end of projects; and device that charges batteries for consumer each fiscal year, the Secretary shall submit ‘‘(3) future priorities to ensure compliance products. to Congress a report on the operations of the with this section.’’. Bank, including a statement of— (b) REPEAL.—Section 310 of the Legislative ‘‘(33) The term ‘commercial refrigerator, ‘‘(A) the total receipts by the Bank; Branch Appropriations Act, 1999 (40 U.S.C. freezer and refrigerator-freezer’ means a re- ‘‘(B) the total amount of loans from the 166i), is repealed. frigerator, freezer or refrigerator-freezer Bank to each Federal agency; and Subtitle C—Industrial Efficiency and that— ‘‘(C) the estimated cost and energy savings Consumer Products ‘‘(A) is not a consumer product regulated resulting from projects funded with loans SEC. 921. VOLUNTARY COMMITMENTS TO RE- under this Act; and from the Bank. DUCE INDUSTRIAL ENERGY INTEN- ‘‘(B) incorporates most components in- ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— SITY. volved in the vapor-compression cycle and There are authorized to be appropriated to (a) VOLUNTARY AGREEMENTS.—The Sec- the refrigerated compartment in a single such sums as are necessary to carry out this retary of Energy shall enter into voluntary package. section.’’ agreements with one or more persons in in- ‘‘(34) The term ‘external power supply’ SEC. 919. ENERGY AND WATER SAVING MEAS- dustrial sectors that consume significant means an external power supply circuit that URES IN CONGRESSIONAL BUILD- amounts of primary energy per unit of phys- is used to convert household electric current INGS. ical output to reduce the energy intensity of into either DC current or lower-voltage AC (a) IN GENERAL.—Part 3 of title V of the their production activities. current to operate a consumer product. National Energy Conservation Policy Act is (b) GOAL.—Voluntary agreements under ‘‘(35) The term ‘illuminated exit sign’ amended by adding at the end: this section shall have a goal of reducing en- means a sign that— ‘‘SEC. 554. ENERGY AND WATER SAVINGS MEAS- ergy intensity by not less than 2.5 percent ‘‘(A) is designed to be permanently fixed in URES IN CONGRESSIONAL BUILD- each year from 2002 through 2012. place to identify an exit; and (c) RECOGNITION.—The Secretary of Energy, INGS. ‘‘(B) consists of— in cooperation with the Administrator of the ‘‘(a) IN GENERAL.—The Architect of the ‘‘(i) an electrically powered integral light Capitol— Environmental Protection Agency and other appropriate federal agencies, shall develop source that illuminates the legend ‘EXIT’ ‘‘(1) shall develop, update, and implement a and any directional indicators; and cost-effective energy conservation and man- mechanisms to recognize and publicize the achievements of participants in voluntary ‘‘(ii) provides contrast between the legend, agement plan (referred to in this section as any directional indicators, and the back- the ‘‘plan’’) for all facilities administered by agreements under this section. (d) DEFINITION.—In this section, the term ground. the Congress (referred to in this section as ‘‘energy intensity’’ means the primary en- ‘‘(36)(A) Except as provided in subsection ‘congressional buildings’) to meet the energy ergy consumed per unit of physical output in (B), the term ‘low-voltage dry-type trans- performance requirements for Federal build- an industrial process. former’ means a transformer that— ings established under section 543(a)(1). (e) TECHNICAL ASSISTANCE.—An entity that ‘‘(i) has an input voltage of 600 volts or ‘‘(2) shall submit the plan to Congress, not enters into an agreement under this section less; later than 180 days after the date of enact- and continues to make a good faith effort to ‘‘(ii) is air-cooled; ment of this section. achieve the energy efficiency goals specified ‘‘(iii) does not use oil as a coolant; and ‘‘(b) PLAN REQUIREMENTS.—The plan shall in the agreement shall be eligible to receive ‘‘(iv) is rated for operation at a frequency include— from the Secretary a grant or technical as- of 60 Hertz. ‘‘(1) a description of the life-cycle cost sistance as appropriate to assist in the analysis used to determine the cost-effec- ‘‘(B) The term ‘low-voltage dry-type trans- achievement of those goals. former’ does not include— tiveness of proposed energy efficiency (f) REPORT.—Not later than June 30, 2008 ‘‘(i) transformers with multiple voltage projects; and June 30, 2012, the Secretary shall submit taps, with the highest voltage tap equaling ‘‘(2) a schedule of energy surveys to ensure to Congress a report that evaluates the suc- at least 20 percent more than the lowest complete surveys of all congressional build- cess of the voluntary agreements, with inde- ings every five years to determine the cost pendent verification of a sample of the en- voltage tap; and payback period of energy and water con- ergy savings estimates provided by partici- ‘‘(ii) transformers that are designed to be servation measures; pating firms. used in a special purpose application, such as transformers commonly known as drive ‘‘(3) a strategy for installation of life cycle SEC. 922. AUTHORITY TO SET STANDARDS FOR cost effective energy and water conservation COMMERCIAL PRODUCTS. transformers, rectifier transformers, measures; Part B of title III of the Energy Policy and autotransformers, Uninterruptible Power ‘‘(4) the results of a study of the costs and Conservation Act (42 U.S.C. 6291 et seq.) is System transformers, impedance trans- benefits of installation of submetering in amended as follows: formers, harmonic transformers, regulating congressional buildings; and (1) In the heading for such part, by insert- transformers, sealed and nonventilating ‘‘(5) information packages and ‘‘how-to’’ ing ‘‘AND COMMERCIAL’’ after ‘‘CON- transformers, machine tool transformers, guides for each Member and employing au- SUMER’’. welding transformers, grounding trans- thority of Congress that detail simple, cost- (2) In section 321(2), by inserting ‘‘or com- formers, or testing transformers; or effective methods to save energy and tax- mercial’’ after ‘‘consumer’’. ‘‘(iii) any transformer not listed in clause payer dollars in the workplace. (3) In paragraphs (4), (5), and (15) of section (ii) that is excluded by the Secretary by rule ‘‘(c) CONTRACTING AUTHORITY.—The Archi- 321, by striking ‘‘consumer’’ each place it ap- because the transformer is designed for a tect— pears and inserting ‘‘covered’’. special application and the application of ‘‘(1) may contract with nongovernmental (4) In section 322(a), by inserting ‘‘or com- standards to the transformer would not re- entities and use private sector capital to fi- mercial’’ after ‘‘consumer’’ the first place it sult in significant energy savings. nance energy conservation projects and meet appears in the material preceding paragraph ‘‘(37) The term ‘‘standby mode’’ means the energy performance requirements; and (1). lowest amount of electric power used by a ‘‘(2) may use innovative contracting meth- (5) In section 322(b), by inserting ‘‘or com- household appliance when not performing its ods that will attract private sector funding mercial’’ after ‘‘consumer’’ each place it ap- active functions, as defined on an individual for the installation of energy efficient and pears. product basis by the Secretary.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1289 ‘‘(38) The term ‘torchiere’ means a portable labeling requirements for such products. La- ‘‘(B) not economically justifiable. electric lamp with a reflector bowl that di- beling requirements adopted under this para- ‘‘(6) The Secretary shall publish a final rects light upward so as to give indirect illu- graph shall take effect on the same date as rule not later than January 1, 2006 to deter- mination. the standards set pursuant to sections 325(v) mine whether the standards in effect for cen- ‘‘(39) The term ‘transformer’ means a de- through (y). tral air conditioners and central air condi- vice consisting of 2 or more coils of insulated SEC. 926. ENERGY STAR PROGRAM. tioning heat pumps should be amended. Such wire that transfers alternating current by The Energy Policy and Conservation Act rule shall provide that any amendment shall electromagnetic induction from one coil to (42 U.S.C. 6201 and following) is amended by apply to products manufactured on or after another to change the original voltage or inserting after section 324 the following: January 1, 2011.’’.– current value. ‘‘ENERGY STAR PROGRAM. SEC. 928. ENERGY CONSERVATION STANDARDS ‘‘(40) The term ‘unit heater’ means a self- FOR ADDITIONAL CONSUMER AND ‘‘SEC. 324A. (a) IN GENERAL.—There is es- COMMERCIAL PRODUCTS. contained fan-type heater designed to be in- tablished at the Department of Energy and stalled within the heated space, except that Section 325 of the Energy Policy and Con- the Environmental Protection Agency a pro- servation Act (42 U.S.C. 6295) is amended by such term does not include a warm air fur- gram to identify and promote energy-effi- nace. adding at the end the following: cient products and buildings in order to re- ‘‘(u) STANDBY MODE ELECTRIC ENERGY CON- SEC. 924. ADDITIONAL TEST PROCEDURES. duce energy consumption, improve energy SUMPTION.— (a) EXIT SIGNS.—Section 323(b) of the En- security, and reduce pollution through label- ‘‘(1) INITIAL RULEMAKING.— ergy Policy and Conservation Act (42 U.S.C. ing of products and buildings that meet the ‘‘(A) The Secretary shall, within 18 months 6293) is amended by adding at the end the fol- highest energy efficiency standards. Respon- after the date of enactment of this sub- lowing: sibilities under the program shall be divided section, prescribe by notice and comment, ‘‘(9) Test procedures for illuminated exit between the Department of Energy and the definitions of standby mode and test proce- signs shall be based on the test method used Environmental Protection Agency con- dures for the standby mode power use of bat- under the Energy Star program of the Envi- sistent with the terms of agreements be- tery chargers and external power supplies. In ronmental Protection Agency for illumi- tween the two agencies. The Administrator establishing these test procedures, the Sec- nated exit signs, as in effect on the date of and the Secretary shall— retary shall consider, among other factors, enactment of this paragraph. ‘‘(1) promote Energy Star compliant tech- existing test procedures used for measuring ‘‘(10) Test procedures for low voltage dry- nologies as the preferred technologies in the energy consumption in standby mode and as- type distribution transformers shall be based marketplace for achieving energy efficiency sess the current and projected future market on the ‘Standard Test Method for Measuring and to reduce pollution; for battery chargers and external power sup- the Energy Consumption of Distribution (2) work to enhance public awareness of plies. This assessment shall include esti- Transformers’ prescribed by the National the Energy Star label; mates of the significance of potential energy Electrical Manufacturers Association (3) preserve the integrity of the Energy savings from technical improvements to (NEMA TP 2–1998). The Secretary may re- Star label; and these products and suggested product classes view and revise this test procedure based on (4) solicit the comments of interested par- for standards. Prior to the end of this time future revisions to such standard test meth- ties in establishing a new Energy Star prod- period, the Secretary shall hold a scoping od. uct category or in revising a product cat- workshop to discuss and receive comments (b) ADDITIONAL CONSUMER AND COMMERCIAL egory, and upon adoption of a new or revised on plans for developing energy conservation PRODUCTS.—Section 323 of the Energy Policy product category provide an explanation of standards for standby mode energy use for and Conservation Act (42 U.S.C. 6293) is fur- the decision that responds to significant pub- these products. ther amended by adding at the end the fol- lic comments.’’. ‘‘(B) The Secretary shall, within 3 years lowing: SEC. 927. ENERGY CONSERVATION STANDARDS after the date of enactment of this sub- ‘‘(f) ADDITIONAL CONSUMER AND COMMER- FOR CENTRAL AIR-CONDITIONERS section, issue a final rule that determines CIAL PRODUCTS.—The Secretary shall within AND HEAT PUMPS. whether energy conservation standards shall 24 months after the date of enactment of this Section 325(d) of the Energy Policy and be promulgated for battery chargers and ex- subsection prescribe testing requirements Conservation Act (42 U.S.C. 6295(d)) is ternal power supplies or classes thereof. For for suspended ceiling fans, refrigerated bot- amended to read as follows: each product class, any such standards shall tled or canned beverage vending machines, ‘‘(1) Except as provided in paragraph (3), be set at the lowest level of standby energy commercial unit heaters, and commercial re- the seasonal energy efficiency ratio of cen- use that— frigerators, freezers and refrigerator-freez- tral air conditioners and central air condi- (i) meets the criteria of subsections (o), (p), ers. Such testing requirements shall be based tioning heat pumps manufactured on or after (q), (r), (s) and (t); and on existing test procedures used in industry January 23, 2006 shall be no less than 13.0. (ii) will result in significant overall annual to the extent practical and reasonable. In ‘‘(2) Except as provided in paragraph (4), energy savings, considering both standby the case of suspended ceiling fans, such test the heating seasonal performance factor of mode and other operating modes. procedures shall include efficiency at both central air conditioning heat pumps manu- ‘‘(2) DESIGNATION OF ADDITIONAL COVERED maximum output and at an output no more factured on or after January 23, 2006 shall be PRODUCTS.— than 50 percent of the maximum output.’’. no less than 7.7. ‘‘(A) Not later than 180 days after the date SEC. 925. ENERGY LABELING. ‘‘(3) The seasonal energy efficiency ratio of of enactment of this subsection, the Sec- (a) RULEMAKING ON EFFECTIVENESS OF CON- central air conditioners or central air condi- retary shall publish for public comment and SUMER PRODUCT LABELING.—Paragraph (2) of tioning heat pumps manufactured on or after public hearing a notice to determine whether section 324(a) of the Energy Policy and Con- January 23, 2006 shall be no less than 12.0 for any noncovered products should be des- servation Act (42 U.S.C. 6294(a)(2)) is amend- products that— ignated as covered products for the purpose ed by adding at the end the following: ‘‘(A) have a rated cooling capacity equal to of instituting a rulemaking under this sec- ‘‘(F) Not later than three months after the or less than 30,000 Btu per hour; tion to determine whether an energy con- date of enactment of this subparagraph, the ‘‘(B) have an outdoor or indoor unit having servation standard restricting standby mode Commission shall initiate a rulemaking to at least two overall exterior dimensions or energy consumption, should be promulgated; consider the effectiveness of the current con- an overall displacement that— providing that any restriction on standby sumer products labeling program in assisting ‘‘(i) is substantially smaller than those of mode energy consumption shall be limited to consumers in making purchasing decisions other units that are currently installed in major sources of such consumption. and improving energy efficiency and to con- site-built single family homes, and of a simi- ‘‘(B) In making the determinations pursu- sider changes to the labeling rules that lar cooling or heating capacity, and ant to subparagraph (A) of whether to des- would improve the effectiveness of consumer ‘‘(ii) if increased would result in a signifi- ignate new covered products and institute product labels. Such rulemaking shall be cant increase in the cost of installation or rulemakings, the Secretary shall, among completed within 15 months of the date of would result in a significant loss in the util- other relevant factors and in addition to the enactment of this subparagraph.’’. ity of the product to the consumer; and criteria in section 322(b), consider— (b) RULEMAKING ON LABELING FOR ADDI- ‘‘(C) were available for purchase in the ‘‘(i) standby mode power consumption com- TIONAL PRODUCTS.—Section 324(a) of the En- United States as of December 1, 2000. pared to overall product energy consump- ergy Policy and Conservation Act (42 U.S.C. ‘‘(4) The heating seasonal performance fac- tion; and 6294(a)) is further amended by adding at the tor of central air conditioning heat pumps ‘‘(ii) the priority and energy savings poten- end the following: manufactured on or after January 25, 2006 tial of standards which may be promulgated ‘‘(5) The Secretary shall within 6 months shall not be less 7.4 for products that meet under this subsection compared to other re- after the date on which energy conservation the criteria in paragraph (3). quired rulemakings under this section and standards are prescribed by the Secretary for ‘‘(5) The Secretary may postpone the re- the available resources of the Department to covered products referred to in subsections quirements of paragraphs (3) and (4) for spe- conduct such rulemakings. (u) and (v) of section 325, and within 18 cific product types until a date no later than ‘‘(C) Not later than one year after the date months of enactment of this paragraph for January 23, 2010, if he determines that com- of enactment of this subsection, the Sec- products referred to in subsections (w) pliance is either— retary shall issue a determination of any through (y) of section 325, prescribe, by rule, ‘‘(A) not technologically feasible, or new covered products for which he intends to

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institute rulemakings on standby mode pur- Electrical Manufacturers Association ANCE.—Section 220(d)(3)(B)(iii) of the Na- suant to this section and he shall state the (NEMA TP–1–1996).’’. tional Housing Act (12 U.S.C. dates by which he intends to initiate those SEC. 929. CONSUMER EDUCATION ON ENERGY EF- 1715k(d)(3)(B)(iii)) is amended by striking ‘‘20 rulemakings. FICIENCY BENEFITS OF AIR CONDI- per centum’’ and inserting ‘‘30 percent’’. ‘‘(3) REVIEW OF STANDBY ENERGY USE IN COV- TIONING, HEATING, AND VENTILA- (e) LOW-INCOME MULTIFAMILY HOUSING ERED PRODUCTS.—In determining pursuant to TION MAINTENANCE. MORTGAGE INSURANCE.—Section 221(k) of the section 323 whether test procedures and en- Section 337 of the Energy Policy and Con- National Housing Act (12 U.S.C. 1715l(k)) is ergy conservation standards pursuant to sec- servation Act (42 U.S.C. 6307) is amended by amended by striking ‘‘20 per centum’’ and in- tion 325 should be revised, the Secretary adding at the end the following: serting ‘‘30 percent’’. shall consider for covered products which are ‘‘(c) HVAC MAINTENANCE.—(1) For the pur- major sources of standby mode energy con- pose of ensuring that installed air condi- (f) ELDERLY HOUSING MORTGAGE INSUR- sumption whether to incorporate standby tioning and heating systems operate at their ANCE.—The proviso at the end of section mode into such test procedures and energy maximum rated efficiency levels, the Sec- 213(c)(2) of the National Housing Act (12 conservation standards, taking into account, retary shall, within 180 days of the date of U.S.C. 1715v(c)(2)) is amended by striking ‘‘20 among other relevant factors, the criteria enactment of this subsection, carry out a per centum’’ and inserting ‘‘30 percent’’. program to educate homeowners and small for non-covered products in subparagraph (B) (g) CONDOMINIUM HOUSING MORTGAGE IN- business owners concerning the energy sav- of this subsection. SURANCE.—Section 234(j) of the National ings resulting from properly conducted ‘‘(4) RULEMAKING FOR STANDBY MODE.— Housing Act (12 U.S.C. 1715y(j)) is amended maintenance of air conditioning, heating, ‘‘(A) Any rulemaking instituted under this by striking ‘‘20 per centum’’ and inserting and ventilating systems. subsection or for covered products under this ‘‘30 percent’’. section which restricts standby mode power ‘‘(2) The Secretary may carry out the pro- consumption shall be subject to the criteria gram in cooperation with industry trade as- SEC. 934. PUBLIC HOUSING CAPITAL FUND. and procedures for issuing energy conserva- sociations, industry members, and energy ef- Section 9(d)(1) of the United States Hous- tion standards set forth in section 325 and ficiency organizations.’’. ing Act of 1937 (42 U.S.C. 1437g(d)(1)) is the criteria set forth in paragraph 2(B) of Subtitle D—Housing Efficiency amended— this subsection. SEC. 931. CAPACITY BUILDING FOR ENERGY EFFI- (1) in subparagraph (I), by striking ‘‘and’’ ‘‘(B) No standard can be proposed for new CIENT, AFFORDABLE HOUSING. at the end; covered products or covered products in a Section 4(b) of the HUD Demonstration (2) in subparagraph (K), by striking the pe- standby mode unless the Secretary has pro- Act of 1993 (42 U.S.C. 9816 note) is amended— riod at the end and inserting ‘‘; and’’; and mulgated applicable test procedures for each (1) in paragraph (1), by inserting before the (3) by adding at the end the following new product pursuant to section 323. semicolon at the end the following: ‘‘, includ- subparagraph: ‘‘(C) The provisions of section 327 shall ing capabilities regarding the provision of ‘‘(L) improvement of energy and water-use apply to new covered products which are sub- energy efficient, affordable housing and resi- efficiency by installing fixtures and fittings ject to the rulemakings for standby mode dential energy conservation measures’’; and that conform to the American Society of Me- after a final rule has been issued. (2) in paragraph (2), by inserting before the chanical Engineers/American National (5) EFFECTIVE DATE.—Any standard pro- semicolon the following: ‘‘, including such Standards Institute standards A112.19.2–1998 mulgated under this subsection shall be ap- activities relating to the provision of energy and 112.18.1–2000, or any revision thereto, ap- plicable to products manufactured or im- efficient, affordable housing and residential plicable at the time of installation, and by ported three years after the date of promul- energy conservation measures that benefit increasing energy efficiency and water con- gation. low-income families’’. servation by such other means as the Sec- (6) VOLUNTARY PROGRAMS TO REDUCE STAND- SEC. 932. INCREASE OF CDBG PUBLIC SERVICES retary determines are appropriate.’’. BY MODE ENERGY USE.—The Secretary and the CAP FOR ENERGY CONSERVATION Administrator shall collaborate and develop AND EFFICIENCY ACTIVITIES. SEC. 935. GRANTS FOR ENERGY-CONSERVING IM- programs, including programs pursuant to Section 105(a)(8) of the Housing and Com- PROVEMENTS FOR ASSISTED HOUS- ING. section 324A and other voluntary industry munity Development Act of 1974 (42 U.S.C. agreements or codes of conduct, which are 5305(a)(8)) is amended— Section 251(b)(1) of the National Energy designed to reduce standby mode energy use. (1) by inserting ‘‘or efficiency’’ after ‘‘en- Conservation Policy Act (42 U.S.C. 8231(1)) is ‘‘(v) SUSPENDED CEILING FANS, VENDING ergy conservation’’; amended— MACHINES, UNIT HEATERS, AND COMMERCIAL (2) by striking ‘‘, and except that’’ and in- (1) by striking ‘‘financed with loans’’ and REFRIGERATORS, FREEZERS AND REFRIG- serting ‘‘; except that’’; and inserting ‘‘assisted’’; ERATOR-FREEZERS.—The Secretary shall (3) by inserting before the period at the end (2) by inserting after ‘‘1959,’’ the following: within 24 months after the date on which the following: ‘‘; and except that each per- ‘‘which are eligible multifamily housing testing requirements are prescribed by the centage limitation under this paragraph on projects (as such term is defined in section Secretary pursuant to section 323(f), pre- the amount of assistance provided under this 512 of the Multifamily Assisted Housing Re- scribe, by rule, energy conservation stand- title that may be used for the provision of form and Affordability Act of 1997 (42 U.S.C. ards for suspended ceiling fans, refrigerated public services is hereby increased by 10 per- 1437f note) and are subject to a mortgage re- bottled or canned beverage vending ma- cent, but such percentage increase may be structuring and rental assistance sufficiency chines, unit heaters, and commercial refrig- used only for the provision of public services plans under such Act,’’; and erators, freezers and refrigerator-freezers. In concerning energy conservation or effi- (3) by inserting after the period at the end establishing standards under this subsection, ciency’’. of the first sentence the following new sen- the Secretary shall use the criteria and pro- cedures contained in subsections (l) and (m). SEC. 933. FHA MORTGAGE INSURANCE INCEN- tence: ‘‘Such improvements may also include Any standard prescribed under this sub- TIVES FOR ENERGY EFFICIENT the installation of energy and water con- HOUSING. section shall apply to products manufactured serving fixtures and fittings that conform to (a) SINGLE FAMILY HOUSING MORTGAGE IN- 3 years after the date of publication of a the American Society of Mechanical Engi- final rule establishing such standard. SURANCE.—Section 203(b)(2) of the National neers/American National Standards Institute ‘‘(w) ILLUMINATED EXIT SIGNS.—Illumi- Housing Act (12 U.S.C. 1709(b)(2)) is amended, standards A112.19.2–1998 and A112.18.1–2000, or nated exit signs manufactured on or after in the first undesignated paragraph begin- any revision thereto, applicable at the time January 1, 2005 shall meet the Energy Star ning after subparagraph (B)(iii) (relating to of installation.’’. Program performance requirements for illu- solar energy systems)— (1) by inserting ‘‘or paragraph (10)’’; and SEC. 936. NORTH AMERICAN DEVELOPMENT minated exit signs prescribed by the Envi- BANK. ronmental Protection Agency as in effect on (2) by striking ‘‘20 percent’’ and inserting the date of enactment of this subsection. ‘‘30 percent’’. Part 2 of subtitle D of title V of the North ‘‘(x) TORCHIERES.—Torchieres manufac- (b) MULTIFAMILY HOUSING MORTGAGE IN- American Free Trade Agreement Implemen- tured on or after January 1, 2005— SURANCE.—Section 207(c) of the National tation Act (22 U.S.C. 290m-290m-3) is amend- ‘‘(1) shall consume not more than 190 watts Housing Act (12 U.S.C. 1713(c)) is amended, in ed by adding at the end the following: of power; and the second undesignated paragraph begin- ning after paragraph (3) (relating to solar en- ‘‘SEC. 545. SUPPORT FOR CERTAIN ENERGY POLI- ‘‘(2) shall not be capable of operating with CIES. lamps that total more than 190 watts. ergy systems and residential energy con- ‘‘(y) LOW VOLTAGE DRY-TYPE TRANS- servation measures), by striking ‘‘20 per- ‘‘Consistent with the focus of the Bank’s FORMERS.— cent’’ and inserting ‘‘30 percent’’. Charter on environmental infrastructure ‘‘The efficiency of low voltage dry-type (c) COOPERATIVE HOUSING MORTGAGE INSUR- projects, the Board members representing transformers manufactured on or after Janu- ANCE.—Section 213(p) of the National Hous- the United States should use their voice and ary 1, 2005 shall be the Class I Efficiency Lev- ing Act (12 U.S.C. 1715e(p)) is amended by vote to encourage the Bank to finance els for low voltage dry-type transformers striking ‘‘20 per centum’’ and inserting ‘‘30 projects related to clean and efficient en- specified in Table 4–2 of the ‘Guide for Deter- percent’’. ergy, including energy conservation, that mining Energy Efficiency for Distribution (d) REHABILITATION AND NEIGHBORHOOD prevent, control, or reduce environmental Transformers’ published by the National CONSERVATION HOUSING MORTGAGE INSUR- pollutants or contaminants.’’.–

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1291 DIVISION D—INTEGRATION OF ENERGY ing and that can make the United States clined precipitously and have not been fo- POLICY AND CLIMATE CHANGE POLICY economy more productive, bolster energy se- cused on the climate change response chal- TITLE X—CLIMATE CHANGE POLICY FORMULA- curity, create jobs, and protect the environ- lenge; and TION ment. (B) the investments that have been made Subtitle A—Global Warming (b) SENSE OF CONGRESS.—It is the sense of have not been guided by a comprehensive the United States Congress that the United strategy; SEC. 1001. SENSE OF CONGRESS ON GLOBAL WARMING. States should demonstrate international (11) the negative trends in research and de- leadership and responsibility in mitigating (a) FINDINGS.—The Congress makes the fol- velopment funding described in paragraph lowing findings: the health, environmental, and economic (10) must be reversed with a focus on not (1) Evidence continues to build that in- threats posed by global warming by— only traditional energy research and devel- creases in atmospheric concentrations of (1) taking responsible action to ensure sig- opment, but also bolder, breakthrough re- man-made greenhouse gases are contributing nificant and meaningful reductions in emis- search; to global climate change. sions of greenhouse gases from all sectors; (12) much more progress could be made on (2) The Intergovernmental Panel on Cli- (2) creating flexible international and do- the issue of climate change if the United mate Change (IPCC) has concluded that mestic mechanisms, including joint imple- States were to adopt a new approach for ad- ‘‘there is new and stronger evidence that mentation, technology deployment, emis- dressing climate change that included, as an ultimate long-term goal— most of the warming observed over the last sions trading and carbon sequestration (A) stabilization of greenhouse gas con- 50 years is attributable to human activities’’ projects that will reduce, avoid, and seques- centrations in the atmosphere at a level that and that the Earth’s average temperature ter greenhouse gas emissions; and would prevent dangerous anthropogenic in- can be expected to rise between 2.5 and 10.4 (3) participating in international negotia- terference with the climate system; and degrees Fahrenheit in this century. tions, including putting forth a proposal at (B) a response strategy with 4 key ele- (3) The National Academy of Sciences con- the next meeting of the Conference of the ments consisting of— firmed the findings of the IPCC, stating that Parties, with the objective of securing (i) definition of interim emission mitiga- ‘‘the IPCC’s conclusion that most of the ob- United States’ participation in a revised tion levels, that, coupled with specific miti- served warming of the last 50 years is likely Kyoto Protocol or other future binding cli- gation approaches and after taking into ac- to have been due to the increase of green- mate change agreements in a manner that is consistent with the environmental objec- count actions by other nations (if any), house gas concentrations accurately reflects would result in stabilization of greenhouse the current thinking of the scientific com- tives of the Framework Convention on Cli- mate Change, that protects the economic in- gas concentrations; munity on this issue’’ and that ‘‘there is gen- (ii) technology development, including— eral agreement that the observed warming is terests of the United States, and recognizes the shared international responsibility for (I) a national commitment to double en- real and particularly strong within the past ergy research and development by the United twenty years’’. addressing climate change, including devel- oping country participation. States public and private sectors; and (4) The IPCC has stated that in the last 40 (II) in carrying out such research and de- Subtitle B—Climate Change Strategy years, the global average sea level has risen, velopment, a national commitment to pro- ocean heat content has increased, and snow SEC. 1011. SHORT TITLE. vide a high degree of emphasis on bold, cover and ice extent have decreased, which This title may be cited as the ‘‘Climate breakthrough technologies that will make threatens to inundate low-lying island na- Change Strategy and Technology Innovation possible a profound transformation of the en- tions and coastal regions throughout the Act of 2002’’. ergy, transportation, industrial, agricul- world. SEC. 1012. FINDINGS. tural, and building sectors of the United (5) The Environmental Protection Agency Congress finds that— States; has found that global warming may harm (1) evidence continues to build that in- (iii) climate adaptation research that— the United States by altering crop yields, ac- creases in atmospheric concentrations of (I) focuses on response actions necessary to celerating sea level rise, and increasing the greenhouse gases are contributing to global adapt to climate change that may have al- spread of tropical infectious diseases. climate change; ready occurred; and (6) In 1992, the United States ratified the (2) in 1992, the Senate ratified the United (II) focuses on response actions necessary United Nations Framework Convention of Nations Framework Convention on Climate to adapt to climate change that may occur Climate Change, done at New York on May 9, Change, done at New York on May 9, 1992, under any future climate change scenario; 1992, the ultimate objective of which is the the ultimate objective of which is the ‘‘sta- and ‘‘stabilization of greenhouse gas concentra- bilization of greenhouse gas concentrations (iv) climate science research that— tions in the atmosphere at a level that would in the atmosphere at a level that would pre- (I) builds on the substantial scientific un- prevent dangerous anthropogenic inter- vent dangerous anthropogenic interference derstanding of climate change that exists as ference with the climate system’’, and which with the climate system’’; of the date of enactment of this Act; and stated in part ‘‘the Parties to the Conven- (3) although science currently cannot de- (II) focuses on resolving the remaining sci- tion are to implement policies with the aim termine precisely what atmospheric con- entific, technical, and economic uncertain- of returning . . . to their 1990 levels anthro- centrations are ‘‘dangerous’’, the current ties to aid in the development of sound re- pogenic emissions of carbon dioxide and trajectory of greenhouse gas emissions will sponse strategies; and other greenhouse gases.’’ lead to a continued rise in greenhouse gas (13) inherent in each of the 4 key elements (7) There is a shared international respon- concentrations in the atmosphere, not sta- of the response strategy is consideration of sibility to address this problem, as industrial bilization; the international nature of the challenge, nations are the largest historic and current (4) the remaining scientific uncertainties which will require— emitters of greenhouse gases and developing call for temperance of human actions, but (A) establishment of joint climate response nations’ emissions will significantly increase not inaction; strategies and joint research programs; in the future. (5) greenhouse gases are associated with a (B) assistance to developing countries and (8) The United Nations Framework Con- wide range of human activities, including en- countries in transition for building technical vention on Climate Change further states ergy production, transportation, agriculture, and institutional capacities and incentives that ‘‘developed country Parties should take forestry, manufacturing, buildings, and for addressing the challenge; and the lead in combating climate change and other activities; (C) promotion of public awareness of the the adverse effects thereof’’, as these nations (6) the economic consequences of poorly issue. are the largest historic and current emitters designed climate change response strategies, SEC. 1013. PURPOSE. of greenhouse gases. or of inaction, may cost the global economy The purpose of this title is to implement (9) Senate Resolution 98 of July 1997, which trillions of dollars; the new approach described in section expressed that developing nations, especially (7) a large share of this economic burden 1012(12) by developing a national focal point the largest emitters, must also be included would be borne by the United States; for climate change response through— in any future, binding climate change treaty (8) stabilization of greenhouse gas con- (1) the establishment of the National Office and such a treaty must not result in serious centrations in the atmosphere will require of Climate Change Response within the Exec- harm to the United States economy, should transformational change in the global en- utive Office of the President to develop the not cause the United States to abandon its ergy system and other emitting sectors at an United States Climate Change Response shared responsibility to help find a solution almost unimaginable level—a veritable in- Strategy that— to the global climate change dilemma. dustrial revolution is required; (A) incorporates the 4 key elements of that (10) American businesses need to know how (9) such a revolution can occur only if the new approach; governments worldwide will respond to the revolution is preceded by research and devel- (B) is supportive of and integrated in the threat of global warming. opment that leads to bold technological overall energy, transportation, industrial, (11) The United States has benefitted and breakthroughs; agricultural, forestry, and environmental will continue to benefit from investments in (10) over the decade preceding the date of policies of the United States; the research, development and deployment enactment of this Act— (C) takes into account— of a range of clean energy and efficiency (A) energy research and development budg- (i) the diversity of energy sources and technologies that can mitigate global warm- ets in the public and private sectors have de- technologies;

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1292 CONGRESSIONAL RECORD — SENATE February 27, 2002 (ii) supply-side and demand-side solutions; (C) may generate substantially smaller or (viii) energy systems integration; and less hazardous quantities of solid or liquid (ix) engineered and terrestrial carbon se- (iii) national infrastructure, energy dis- waste. questration; tribution, and transportation systems; (2) DEPARTMENT.—The term ‘‘Department’’ (x) transportation, industrial, and building (D) provides for the inclusion and equitable means the Department of Energy. sector concerns; participation of Federal, State, tribal, and (3) DEPARTMENT OFFICE.—The term ‘‘De- (xi) regulatory and market-based mecha- local government agencies, nongovernmental partment Office’’ means the Office of Cli- nisms for addressing climate change; organizations, academia, scientific bodies, mate Change Technology of the Department (xii) risk and decision analysis; industry, the public, and other interested established by section 1017(a). (xiii) strategic planning; and parties; (4) FEDERAL AGENCY.—The term ‘‘Federal (xiv) the international implications of cli- (E) incorporates new models of Federal- agency’’ has the meaning given the term mate change response strategies. State cooperation; ‘‘agency’’ in section 551 of title 5, United (9) REVIEW BOARD.—The term ‘‘Review (F) defines a comprehensive energy tech- States Code. Board’’ means the United States Climate nology research and development program (5) GREENHOUSE GAS.—The term ‘‘green- Change Response Strategy Review Board es- that— house gas’’ means— tablished by section 1019. (i) recognizes the important contributions (A) an anthropogenic gaseous constituent (10) SECRETARY.—The term ‘‘Secretary’’ that research and development programs in of the atmosphere (including carbon dioxide, means the Secretary of Energy. existence on the date of enactment of this methane, nitrous oxide, chlorofluorocarbons, (11) STABILIZATION OF GREENHOUSE GAS CON- title make toward addressing the climate hydrofluorocarbons, perfluorocarbons, sulfur CENTRATIONS.—The term ‘‘stabilization of change response challenge; and hexafluoride, and tropospheric ozone) that greenhouse gas concentrations’’ means the (ii) includes an additional research and de- absorbs and re-emits infrared radiation and stabilization of greenhouse gas concentra- velopment agenda that focuses on the bold, influences climate; and tions in the atmosphere at a level that would breakthrough technologies that are critical (B) an anthropogenic aerosol (such as prevent dangerous anthropogenic inter- to the long-term stabilization of greenhouse black soot) that absorbs solar radiation and ference with the climate system, recognizing gas concentrations in the atmosphere; influences climate. that such a level should be achieved within a (G) includes consideration of other efforts (6) INTERAGENCY TASK FORCE.—The term time frame sufficient to allow ecosystems to to address critical environmental and health ‘‘Interagency Task Force’’ means the United adapt naturally to climate change, to ensure concerns, including clean air, clean water, States Climate Change Response Inter- that food production is not threatened and and responsible land use policies; and agency Task Force established under section to enable economic development to proceed (H) incorporates initiatives to promote the 1016(d). in a sustainable manner, as contemplated by deployment of clean energy technologies de- (7) KEY ELEMENT.—The term ‘‘key ele- the United Nations Framework Convention veloped in the United States and abroad; ment’’, with respect to the Strategy, on Climate Change, done at New York on (2) the establishment of the Interagency means— May 9, 1992. (A) definition of interim emission mitiga- Task Force, chaired by the Director of the (12) STRATEGY.—The term ‘‘Strategy’’ White House Office, to serve as the primary tion levels, that, coupled with specific miti- means the United States Climate Change Re- gation approaches and after taking into ac- mechanism through which the heads of Fed- sponse Strategy developed under section count actions by other nations (if any), eral agencies work together to develop and 1015. would result in stabilization of greenhouse implement the Strategy; (13) WHITE HOUSE OFFICE.—The term gas concentrations; (3) the establishment of the Office of Cli- ‘‘White House Office’’ means the National Of- (B) technology development, including— mate Change Technology within the Depart- fice of Climate Change Response of the Exec- (i) a national commitment to double en- ment of Energy— utive Office of the President established by ergy research and development by the United (A) to manage, as its primary responsi- section 1016(a). States public and private sectors; and bility, an innovative research and develop- (ii) in carrying out such research and de- SEC. 1015. UNITED STATES CLIMATE CHANGE RE- ment program that focuses on the bold, velopment, a national commitment to pro- SPONSE STRATEGY. breakthrough technologies that are critical vide a high degree of emphasis on bold, (a) IN GENERAL.—The Director of the White to the long-term stabilization of greenhouse breakthrough technologies that will make House Office shall develop the United States gas concentrations in the atmosphere; and possible a profound transformation of the en- Climate Change Response Strategy, which (B) to provide analytical support and data ergy, transportation, industrial, agricul- shall— to the White House Office, other agencies, tural, and building sectors of the United (1) have the long-term goal of stabilization and the public; States; of greenhouse gas concentrations through (4) the establishment of an independent re- (C) climate adaptation research that— actions taken by the United States and other view board— (i) focuses on response actions necessary to nations; (A) to review the Strategy and annually adapt to climate change that may have al- (2) recognize that accomplishing the long- assess United States and international ready occurred; and term goal of stabilization will take from progress toward the goal of stabilization of (ii) focuses on response actions necessary many decades to more than a century, but greenhouse gas concentrations in the atmos- to adapt to climate change that may occur acknowledging that significant actions must phere at a level that would prevent dan- under any future climate change scenario; begin in the near term; gerous anthropogenic interference with the and (3) build on the 4 key elements; climate system; and (D) climate science research that— (4) be developed on the basis of an exam- (B) to assess— (i) builds on the substantial scientific un- ination of a broad range of emissions levels (i) the performance of each Federal agency derstanding of climate change that exists as and dates for achievement of those levels (in- that has responsibilities under the Strategy; of the date of enactment of this Act; and cluding those evaluated by the Intergovern- and (ii) focuses on resolving the remaining sci- mental Panel on Climate Change and those (ii) the adequacy of the budget of each such entific, technical, and economic uncertain- consistent with U.S. treaty commitments) Federal agency to fulfill the responsibilities ties to aid in the development of sound re- that, after taking into account by actions of the Federal agency under the Strategy; sponse strategies. other nations (if any), would culminate in and (8) QUALIFIED INDIVIDUAL.— the stabilization of greenhouse gas con- (5) the establishment of offices in, or the (A) IN GENERAL.—The term ‘‘qualified indi- centrations; carrying out of activities by, the Depart- vidual’’ means an individual who has dem- (5) consider the broad range of activities ment of Agriculture, the Department of onstrated expertise and leadership skills to and actions that can be taken by United Transportation, the Department of Com- draw on other experts in diverse fields of States entities to reduce, avoid, or sequester merce, the Environmental Protection Agen- knowledge that are relevant to addressing greenhouse gas emissions both within the cy, and other Federal agencies as necessary the climate change response challenge. United States and in other nations through to carry out this title. (B) FIELDS OF KNOWLEDGE.—The fields of the use of market mechanisms, which may SEC. 1014. DEFINITIONS. knowledge referred to in subparagraph (A) include but not limited to mitigation activi- In this title: are— ties, terrestrial sequestration, earning off- (1) CLIMATE-FRIENDLY TECHNOLOGY.—The (i) the science of primary and secondary sets through carbon capture or project-based term ‘‘climate-friendly technology’’ means climate change impacts; activities, trading of emissions credits in do- any energy supply or end-use technology (ii) energy and environmental economics; mestic and international markets, and the that, over the life of the technology and (iii) technology transfer and diffusion; application of the resulting credits from any compared to similar technology in commer- (iv) the social dimensions of climate of the above within the United States; cial use as of the date of enactment of this change; (6) minimize any adverse short-term and Act— (v) climate change adaptation strategies; long-term social, economic, national secu- (A) results in reduced emissions of green- (vi) fossil, nuclear, and renewable energy rity, and environmental impacts, including house gases; technology; ensuring that the strategy is developed in an (B) may substantially lower emissions of (vii) energy efficiency and energy con- economically and environmentally sound other pollutants; and servation; manner;

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1293 (7) incorporate mitigation approaches lead- parties in accordance with subsections (B) in accordance with subsection (d), es- ing to the development and deployment of (b)(4)(C)(iv)(II) and (d)(3)(B)(iii) of section tablish the Interagency Task Force to serve advanced technologies and practices that 1016; as the primary mechanism through which will reduce, avoid, or sequester greenhouse (15) address how the United States should the heads of Federal agencies shall assist the gas emissions; engage State, tribal, and local governments Director of the White House Office in devel- (8) recognize that the climate change re- in developing and carrying out a response to oping and implementing the Strategy; sponse strategy is intended to guide the na- climate change; (C) to the maximum extent practicable, en- tion’s effort to address climate change, but (16) promote, to the maximum extent prac- sure that the Strategy is based on objective, it shall not create a legal obligation on the ticable, public awareness, outreach, and in- quantitative analysis, drawing on the ana- part of any person or entity other than the formation-sharing to further the under- lytical capabilities of Federal and State duties of the Director of the White House Of- standing of the full range of climate change- agencies, especially the Department Office; fice and Interagency Task Force in the de- related issues; (D) advise the President concerning nec- velopment of the strategy; (17) provide a detailed explanation of how essary changes in organization, manage- (9) be consistent with the goals of energy, the measures recommended by the Strategy ment, budgeting, and personnel allocation of transportation, industrial, agricultural, for- will ensure that they do not result in serious Federal agencies involved in climate change estry, environmental, economic, and other harm to the economy of the United States; response activities; and relevant policies of the United States; (18) provide a detailed explanation of how (E) advise the President and notify a Fed- (10) be consistent with the goals of energy, the measures recommended by the Strategy eral agency if the policies and discretionary transportation, industrial, agricultural, for- will achieve the long-term goal of stabiliza- programs of the agency are not well aligned estry, environmental, and other relevant tion of greenhouse gas concentrations; with, or are not contributing effectively to, policies of the United States; (19) include any recommendations for leg- the long-term goal of stabilization of green- (11) have a scope that considers the total- islative and administrative actions nec- house gas concentrations. ity of United States public, private, and pub- essary to implement the Strategy; (b) DIRECTOR OF THE WHITE HOUSE OF- lic-private sector actions that bear on the (20) serve as a framework for climate FICE.— long-term goal; change response actions by all Federal agen- (1) IN GENERAL.—The White House Office (12) be based on an evaluation of a wide cies; range of approaches for achieving the long- (21) recommend which Federal agencies shall be headed by a Director, who shall re- term goal, including evaluation of— are, or should be, responsible for the various port directly to the President. (A) a variety of cost-effective Federal and aspects of implementation of the Strategy (2) APPOINTMENT.—The Director of the State policies, programs, standards, and in- and any budgetary implications; White House Office shall be a qualified indi- centives; (22) address how the United States should vidual appointed by the President, by and (B) policies that integrate and promote in- engage foreign governments in developing an with the advice and consent of the Senate. novative, market-based solutions in the international response to climate change; (3) DUTIES OF THE DIRECTOR OF THE WHITE United States and in foreign countries; and and HOUSE OFFICE.— (C) participation in other international in- (23) be subject to review by an independent (A) STRATEGY.—In accordance with section stitutions, or in the support of international review board in accordance with section 1019. 1015, the Director of the White House Office activities, that are established or conducted (b) SUBMISSION TO CONGRESS.—Not later shall coordinate the development and updat- to facilitate stabilization of greenhouse gas than 1 year after the date of enactment of ing of the Strategy. concentrations; this title, the President shall submit to Con- (B) INTERAGENCY TASK FORCE.—The Direc- (13) in the final recommendations of the gress the Strategy. tor of the White House Office shall serve as Strategy, emphasize response strategies that (c) UPDATING.—Not later than 2 years after Chairperson of the Interagency Task Force. achieve the long-term goal and provide spe- the date of submission of the Strategy to (C) ADVISORY DUTIES.— cific recommendations concerning— Congress under subsection (b), and at the end (i) CLIMATE, ENERGY, TRANSPORTATION, IN- (A) measures determined to be appropriate of each 2-year period thereafter, the Presi- DUSTRIAL, AGRICULTURAL, BUILDING, FOR- for short-term implementation, giving pref- dent shall submit to Congress an updated ESTRY, AND OTHER PROGRAMS.—The Director erence to cost-effective and technologically version of the Strategy. of the White House Office, using an inte- feasible measures that will— (d) PROGRESS REPORTS.—Not later than 1 grated perspective considering the totality (i) produce measurable net reductions in year after the date of submission of the of actions in the United States, shall advise United States emissions that lead toward Strategy to Congress under subsection (b), the President and the heads of Federal agen- achievement of the long-term goal; and and at the end of each 1-year period there- cies on— (ii) minimize any adverse short-term and after, the President shall submit to Congress (I) the extent to which United States en- long-term economic, environmental, na- a report that— ergy, transportation, industrial, agricul- tional security, and social impacts on the (1) describes the progress on implementa- tural, forestry, building, and other relevant United States; tion of the Strategy; and programs are capable of producing progress (B) the development of technologies that (2) provides recommendations for improve- on the long-term goal of stabilization of have the potential for long-term implemen- ment of the Strategy and the implementa- greenhouse gas concentrations; and tation— tion of the Strategy. (II) the extent to which proposed or newly (e) ALIGNMENT WITH ENERGY, TRANSPOR- (i) giving preference to technologies that created energy, transportation, industrial, TATION, INDUSTRIAL, AGRICULTURAL, FOR- have the potential to reduce significantly agricultural, forestry, building, and other ESTRY, AND OTHER POLICIES.—The President, the overall cost of stabilization of green- relevant programs positively or negatively the Director of the White House Office, the house gas concentrations; and affect the ability of the United States to Secretary, and the other members of the (ii) considering a full range of energy Interagency Task Force shall work together achieve the long-term goal of stabilization of sources, energy conversion and use tech- to align the actions carried out under the greenhouse gas concentrations. nologies, and efficiency options; Strategy and actions associated with the en- (ii) TAX, TRADE, AND FOREIGN POLICIES.— (C) such changes in institutional and tech- ergy, transportation, industrial, agricul- The Director of the White House Office, nology systems as are necessary to adapt to tural, forestry, and other relevant policies of using an integrated perspective considering climate change in the short-term and the the United States so that the objectives of the totality of actions in the United States, long-term; both the Strategy and the policies are met shall advise the President and the heads of (D) such review, modification, and en- without compromising the climate change- Federal agencies on— hancement of the scientific, technical, and related goals of the Strategy or the goals of (I) the extent to which the United States economic research efforts of the United the policies. tax policy, trade policy, and foreign policy States, and improvements to the data result- SEC. 1016. NATIONAL OFFICE OF CLIMATE are capable of producing progress on the ing from research, as are appropriate to im- CHANGE RESPONSE OF THE EXECU- long-term goal of stabilization of greenhouse prove the accuracy of predictions concerning TIVE OFFICE OF THE PRESIDENT. gas concentrations; and climate change and the economic and social (a) ESTABLISHMENT.— (II) the extent to which proposed or newly costs and opportunities relating to climate (1) IN GENERAL.—There is established, with- created tax policy, trade policy, and foreign change; and in the Executive Office of the President, the policy positively or negatively affect the (E) changes that should be made to project National Office of Climate Change Response. ability of the United States to achieve the and grant evaluation criteria under other (2) FOCUS.—The White House Office shall long-term goal of stabilization of greenhouse Federal research and development programs have the focus of achieving the long-term gas concentrations. so that those criteria do not inhibit develop- goal of stabilization of greenhouse gas con- (iii) INTERNATIONAL TREATIES.—The Sec- ment of climate-friendly technologies; centrations while minimizing adverse short- retary of State, acting in conjunction with (14) be developed in a manner that provides term and long-term economic and social im- the Interagency Task Force and using the for meaningful participation by, and con- pacts. analytical tools available to the White sultation among, Federal, State, tribal, and (3) DUTIES.—Consistent with paragraph (2), House Office, shall provide to the Director of local government agencies, nongovernmental the White House Office shall— the White House Office an opinion that— organizations, academia, scientific bodies, (A) establish policies, objectives, and prior- (I) specifies, to the maximum extent prac- industry, the public, and other interested ities for the Strategy; ticable, the economic and environmental

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costs and benefits of any proposed inter- (2) COMPOSITION.—The Interagency Task (2) DUTIES.—The Department Office shall— national treaties or components of treaties Force shall be composed of— (A) manage an energy technology research that have an influence on greenhouse gas (A) the Director of the White House Office, and development program that directly sup- management; and who shall serve as Chairperson; ports the Strategy by— (II) assesses the extent to which the trea- (B) the Secretary of State; (i) focusing on high-risk, bold, break- ties advance the long-term goal of stabiliza- (C) the Secretary; through technologies that— tion of greenhouse gas concentrations, while (D) the Secretary of Commerce; (I) have significant promise of contributing minimizing adverse short-term and long- (E) the Secretary of the Treasury; to the national climate change policy of term economic and social impacts and con- (F) the Secretary of Transportation; long-term stabilization of greenhouse gas sidering other impacts. (G) the Secretary of Agriculture; concentrations by— (iv) CONSULTATION.— (H) the Administrator of the Environ- (aa) mitigating the emissions of green- (I) WITH MEMBERS OF INTERAGENCY TASK mental Protection Agency; house gases; FORCE.—To the extent practicable and appro- (I) the Administrator of the Agency for (bb) removing and sequestering greenhouse priate, the Director of the White House Of- International Development; gases from emission streams; or fice shall consult with all members of the (J) the United States Trade Representa- (cc) removing and sequestering greenhouse Interagency Task Force and other interested tive; gases from the atmosphere; parties before providing advice to the Presi- (K) the National Security Advisor; (II) are not being addressed significantly dent. (L) the Chairman of the Council of Eco- by other Federal programs; and (II) WITH OTHER INTERESTED PARTIES.—The nomic Advisers; (III) would represent a substantial advance Director of the White House Office shall es- (M) the Chairman of the Council on Envi- beyond technology available on the date of tablish a process for obtaining the meaning- ronmental Quality; enactment of this title; ful participation of Federal, State, tribal, (N) the Director of the Office of Science (ii) forging fundamentally new research and local government agencies, nongovern- and Technology Policy; and development partnerships among various mental organizations, academia, scientific (O) the Chairperson of the Subcommittee Department, other Federal, and State pro- bodies, industry, the public, and other inter- on Global Change Research (which performs grams, particularly between basic science ested parties in the formulation of advice to the functions of the Committee on Earth and and energy technology programs, in cases in be provided to the President. Environmental Sciences established by sec- which such partnerships have significant po- (D) PUBLIC EDUCATION, AWARENESS, OUT- tion 102 of the Global Change Research Act tential to affect the ability of the United REACH, AND INFORMATION-SHARING.—The Di- of 1990 (15 U.S.C. 2932)); and States to achieve stabilization of greenhouse rector of the White House Office, to the max- (P) the heads of such other Federal agen- gas concentrations at the lowest possible imum extent practicable, shall promote pub- cies as the Chairperson determines should be cost; lic awareness, outreach, and information- members of the Interagency Task Force. (iii) forging international research and de- velopment partnerships that are in the inter- sharing to further the understanding of the (3) STRATEGY.— ests of the United States and make progress full range of climate change-related issues. (A) IN GENERAL.—The Interagency Task on stabilization of greenhouse gas concentra- (4) ANNUAL REPORTS.—The Director of the Force shall serve as the primary forum White House Office, in consultation with the through which the Federal agencies rep- tions; (iv) making available, through monitoring, Interagency Task Force and other interested resented on the Interagency Task Force experimentation, and analysis, data that are parties, shall prepare an annual report for jointly— essential to proving the technical and eco- submission by the President to Congress (i) assist the Director of the White House nomic viability of technology central to ad- that— Office in developing and updating the Strat- dressing climate change; and (A) assesses progress in implementation of egy; and (v) transitioning research and development the Strategy; (ii) assist the Director of the White House programs to other program offices of the De- (B) assesses progress, in the United States Office in preparing annual reports under sub- partment once such a research and develop- and in foreign countries, toward the long- section (b)(5). ment program crosses the threshold of high- term goal of stabilization of greenhouse gas (B) REQUIRED ELEMENTS.—In carrying out risk research and moves into the realm of concentrations; subparagraph (A), the Interagency Task more conventional technology development; (C) assesses progress toward meeting cli- Force shall— (B) prepare annual reports in accordance mate change-related international obliga- (i) take into account the long-term goal with subsection (b)(6); tions; and other requirements of the Strategy spec- (C) identify the total contribution of all (D) makes recommendations for actions by ified in section 1015(a); Department programs to climate change re- the Federal Government designed to close (ii) consult with State, tribal, and local sponse; any gap between progress-to-date and the government agencies, nongovernmental or- (D) provide substantial analytical support measures that are necessary to achieve the ganizations, academia, scientific bodies, in- to the White House Office, particularly sup- long-term goal of stabilization of greenhouse dustry, the public, and other interested par- port in the development of the Strategy and gas concentrations; and ties; and associated progress reporting; and (E) addresses the totality of actions in the (iii) build consensus around a Strategy (E) advise the Secretary on climate United States that relate to the 4 key ele- that is based on strong scientific, technical, change-related issues, including necessary ments. and economic analyses. changes in Department organization, man- (5) ANALYSIS.—During development of the (4) WORKING GROUPS.—The Chairperson of agement, budgeting, and personnel alloca- Strategy, preparation of the annual reports the Interagency Task Force may establish tion in the programs involved in climate submitted under paragraph (5), and provision such topical working groups as are necessary change response-related activities. of advice to the President and the heads of to carry out the duties of the Interagency (b) DIRECTOR OF THE DEPARTMENT OFFICE.— Federal agencies, the Director of the White Task Force. (1) IN GENERAL.—The Department Office House Office shall place significant emphasis (e) PROVISION OF SUPPORT STAFF.—In ac- shall be headed by a Director, who shall re- on the use of objective, quantitative anal- cordance with procedures established by the port directly to the Secretary. Chairperson of the Interagency Task Force, ysis, taking into consideration any uncer- (2) APPOINTMENT.—The Director of the De- tainties associated with the analysis. the Federal agencies represented on the partment Office shall be an employee of the (c) STAFF.— Interagency Task Force shall provide staff Federal Government who is a qualified indi- (1) IN GENERAL.—The Director of the White from the agencies to support information, vidual appointed by the President. data collection, and analyses required by the House Office shall employ a professional (3) TERM.—The Director of the Department staff of not more than 25 individuals to carry Interagency Task Force. Office shall be appointed for a term of 4 (f) HEARINGS.—On request of the Chair- out the duties of the White House Office. years. person, the Interagency Task Force may (2) INTERGOVERNMENTAL PERSONNEL AND (4) VACANCIES.—A vacancy in the position hold such hearings, meet and act at such FELLOWSHIPS.—The Director of the White of the Director of the Department Office times and places, take such testimony, and House Office may use the authority provided shall be filled in the same manner as the receive such evidence as the Interagency by the Intergovernmental Personnel Act of original appointment was made. Task Force considers to be appropriate. 1970 (42 U.S.C. 4701 et seq.) and subchapter VI (5) DUTIES OF THE DIRECTOR OF THE DEPART- SEC. 1017. TECHNOLOGY INNOVATION PROGRAM of chapter 33 of title 5, United States Code, MENT OFFICE IMPLEMENTED THROUGH THE OF- .— and fellowships, to obtain staff from aca- FICE OF CLIMATE CHANGE TECH- (A) TECHNOLOGY DEVELOPMENT.—The Direc- demia, scientific bodies, nonprofit organiza- NOLOGY OF THE DEPARTMENT OF tor of the Department Office shall manage tions, and national laboratories, for appoint- ENERGY. the energy technology research and develop- ments of a limited term. (a) ESTABLISHMENT OF OFFICE OF CLIMATE ment program described in subsection (d) INTERAGENCY TASK FORCE.— CHANGE TECHNOLOGY OF THE DEPARTMENT OF (a)(2)(A). (1) IN GENERAL.—The Director of the White ENERGY.— (B) STRATEGY.—The Director of the De- House Office shall establish the United (1) IN GENERAL.—There is established, with- partment Office shall support development States Climate Change Response Inter- in the Department, the Office of Climate of the Strategy through the provision of agency Task Force. Change Technology. staff and analytical support.

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(C) INTERAGENCY TASK FORCE.—Through ac- priate office described in paragraph (1), (6) USE OF PRIVATE SECTOR FUNDING.— tive participation in the Interagency Task transferred to the appropriate office, along (A) IN GENERAL.—The Department Office Force, the Director of the Department Office with the funds necessary to continue the shall create an operating model that allows shall— project to the point at which non-Federal for collaboration, division of effort, and cost (i) based on the analytical capabilities of funding can provide substantial support for sharing with industry on individual climate the Department Office, share analyses of al- the project. change response projects. ternative climate change response strategies (f) ANALYSIS OF STRATEGIC CLIMATE (B) REQUIREMENTS.—Although cost sharing with other members of the Interagency Task CHANGE RESPONSE.— in some cases may be appropriate, the De- Force to assist all members in under- (1) IN GENERAL.— partment Office shall focus on long-term standing— (A) GOAL.—The Department Office shall high-risk research and development and (I) the scale of the climate change response foster the development and application of should not make industrial partnerships or challenge; and advanced computational tools, data, and ca- cost sharing a requirement, if such a require- (II) how the actions of the Federal agencies pabilities that, together with the capabili- ment would bias the activities of the Depart- of the members positively or negatively con- ties of other federal agencies, support inte- ment Office toward incremental innovations. tribute to climate change solutions; and grated assessment of alternative climate (C) REEVALUATION ON TRANSITION.—At such (ii) determine how the energy technology change response scenarios and implementa- time as any bold, breakthrough research and research and development program described tion of the Strategy. development program reaches a sufficient in subsection (a)(2)(A) can be designed for (B) PARTICIPATION AND SUPPORT.—Projects level of technological maturity such that the maximum impact on the long-term goal of supported by the Department Office may in- program is transitioned to a program office stabilization of greenhouse gas concentra- clude participation of, and be supported by, of the Department other than the Depart- tions. other Federal agencies that have a role in ment Office, the cost-sharing requirements (D) TOOLS, DATA, AND CAPABILITIES.—The the development, commercialization, or and criteria applicable to the program Director of the Department Office shall fos- transfer of energy, transportation, indus- should be reevaluated. trial, agricultural, forestry, or other climate ter the development of tools, data, and capa- (D) PUBLICATION IN FEDERAL REGISTER.— bilities to ensure that— change-related technology. Each cost-sharing agreement entered into (i) the United States has a robust capa- (2) PROGRAMS.— under this subparagraph shall be published bility for evaluating alternative climate (A) IN GENERAL.—The Department Office in the Federal Register. change response scenarios; and shall— (i) develop and maintain core analytical SEC. 1018. ADDITIONAL OFFICES AND ACTIVI- (ii) the Department Office provides long- TIES. competencies and complex, integrated com- term analytical continuity during the terms The Secretary of Agriculture, the Sec- of service of successive Presidents. putational modeling capabilities that, to- gether with the capabilities of other federal retary of Transportation, the Secretary of (E) ADVISORY DUTIES.—The Director of the agencies, are necessary to support the design Commerce, the Administrator of the Envi- Department Office shall advise the Secretary ronmental Protection Agency, and the heads on all aspects of climate change response. and implementation of the Strategy; and (ii) track United States and international of other Federal agencies may establish such (6) ANNUAL REPORTS.—The Director of the progress toward the long-term goal of sta- offices and carry out such activities, in addi- Department Office shall prepare an annual bilization of greenhouse gas concentrations. tion to those established or authorized by report for submission by the Secretary to (B) INTERNATIONAL CARBON DIOXIDE SEQUES- this Act, as are necessary to carry out this Congress and the White House Office that— TRATION MONITORING AND DATA PROGRAM.—In Act. (A) assesses progress toward meeting the consultation with Federal, State, academic, SEC. 1019. UNITED STATES CLIMATE CHANGE RE- goals of the energy technology research and scientific, private sector, nongovernmental, SPONSE STRATEGY REVIEW BOARD. development program described in sub- tribal, and international carbon capture and (a) ESTABLISHMENT.—There is established section (a)(2)(A); sequestration technology programs, the De- as an independent establishment within the (B) assesses the activities of the Depart- partment Office shall design and carry out executive branch the United States Climate ment Office; an international carbon dioxide sequestra- Change Response Strategy Review Board. (C) assesses the contributions of all energy tion monitoring and data program to collect, (b) MEMBERSHIP.— technology research and development pro- analyze, and make available the technical (1) COMPOSITION.—The Review Board shall grams of the Department (including science and economic data to ascertain— consist of 11 members who shall be ap- programs) to the long-term goal and other (i) whether engineered sequestration and pointed, not later than 90 days after the date requirements of the Strategy specified in terrestrial sequestration will be acceptable of enactment of this Act, by the President by section 1015(a); and technologies from regulatory, economic, and and with the advice and consent of the Sen- (D) makes recommendations for actions by international perspectives; ate, from among qualified individuals nomi- the Department and other Federal agencies (ii) whether carbon dioxide sequestered in nated by the National Academy of Sciences to address the components of technology de- geological formations or ocean systems is in accordance with paragraph (2). velopment that are necessary to support the stable and has inconsequential leakage rates (2) NOMINATIONS.—Not later than 60 days Strategy. on a geologic time-scale; and after the date of enactment of this Act, after (7) ANALYSIS.—During development of the (iii) the extent to which forest, agricul- taking into strong consideration the guid- Strategy, annual reports submitted under tural, and other terrestrial systems are suit- ance and recommendations of a broad range paragraph (6), and advice to the Secretary, able carbon sinks. of scientific and technical societies that the Director of the Department Office shall (3) AREAS OF EXPERTISE.— have the capability of recommending quali- place significant emphasis on the use of ob- (A) IN GENERAL.—The Department Office fied individuals, the National Academy of jective, quantitative analysis, taking into shall develop and maintain expertise in inte- Sciences shall nominate for appointment to consideration any associated uncertainties. grated assessment, modeling, and related ca- the Review Board not fewer than 22 individ- (c) STAFF.—The Director of the Depart- pabilities necessary— uals who— ment Office shall employ a professional staff (i) to understand the relationship between (A) are— of not more than 25 individuals to carry out natural, agricultural, industrial, energy, and (i) qualified individuals; or the duties of the Department Office. economic systems; (ii) experts in a field of knowledge specified (d) INTERGOVERNMENTAL PERSONNEL AND (ii) to design effective research and devel- in section 1014(9)(B); and FELLOWSHIPS.—The Department Office may use the authority provided by the Intergov- opment programs; and (B) as a group represent broad, balanced ernmental Personnel Act of 1970 (42 U.S.C. (iii) to develop and implement the Strat- expertise. 4701 et seq.), subchapter VI of chapter 33 of egy. (3) PROHIBITION ON FEDERAL GOVERNMENT title 5, United States Code, and other De- (B) TECHNOLOGY TRANSFER AND DIFFU- EMPLOYMENT.—A member of the Review partmental personnel authorities, to obtain SION.—The expertise described in clause (i) Board shall not be an employee of the Fed- staff from academia, scientific bodies, non- shall include knowledge of technology trans- eral Government. profit organizations, industry, and national fer and technology diffusion in United States (4) TERMS; VACANCIES.— laboratories, for appointments of a limited markets and foreign markets. (A) TERMS.— term. (4) DISSEMINATION OF INFORMATION.—The (i) IN GENERAL.—Subject to clause (ii), each (e) RELATIONSHIP TO OTHER DEPARTMENT Department Office shall ensure, to the max- member of the Review Board shall be ap- PROGRAMS.—Each project carried out by the imum extent practicable, that technical and pointed for a term of 4 years. Department Office shall be— scientific knowledge relating to greenhouse (ii) INITIAL TERMS.— (1) initiated only after consultation with 1 gas emission reduction, avoidance, and se- (I) COMMENCEMENT DATE.—The term of each or more other appropriate program offices of questration is broadly disseminated through member initially appointed to the Review the Department that support research and publications, fellowships, and training pro- Board shall commence 120 days after the development in areas relating to the project; grams. date of enactment of this title. (2) managed by the Department Office; and (5) ASSESSMENTS.—In a manner consistent (II) TERMINATION DATE.—Of the 11 members (3) in the case of a project that reaches a with the Strategy, the Department shall initially appointed to the Review Board, 5 sufficient level of maturity, with the concur- conduct assessments of deployment of cli- members shall be appointed for a term of 2 rence of the Department Office and an appro- mate-friendly technology. years and 6 members shall be appointed for a

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term of 4 years, to be designated by the (1) HEARINGS.— SEC. 1020. AUTHORIZATION OF APPROPRIATIONS. President at the time of appointment. (A) IN GENERAL.—On request of the Chair- (a) WHITE HOUSE OFFICE.— (B) VACANCIES.— person or a majority of the members of the (1) USE OF AVAILABLE APPROPRIATIONS.— (i) IN GENERAL.—A vacancy on the Review Review Board, the Review Board may hold From funds made available to Federal agen- Board shall be filled in the manner described such hearings, meet and act at such times cies for the fiscal year in which this Title is in this subparagraph. and places, take such testimony, and receive enacted, the President shall provide such (ii) NOMINATIONS BY THE NATIONAL ACADEMY such evidence as the Review Board considers sums as are necessary to carry out the duties OF SCIENCES.—Not later than 60 days after to be appropriate. of the White House Office under this title the date on which a vacancy commences, the (B) ADMINISTRATION OF OATHS.—Any mem- until the date on which funds are made National Academy of Sciences shall— ber of the Review Board may administer an available under paragraph (2). (I) after taking into strong consideration oath or affirmation to any witness that ap- (2) AUTHORIZATION OF APPROPRIATIONS.— the guidance and recommendations of a pears before the Review Board. There is authorized to be appropriated to the broad range of scientific and technical soci- (2) PRODUCTION OF DOCUMENTS.— White House Office to carry out the duties of eties that have the capability of recom- (A) IN GENERAL.—On request of the Chair- the White House Office under this Title mending qualified individuals, nominate, person or a majority of the members of the $5,000,000 for each of fiscal years 2003 through from among qualified individuals, not fewer Review Board, and subject to applicable law, 2011, to remain available through September than 2 individuals to fill the vacancy; and the Secretary or head of a Federal agency 30, 2011. (II) submit the names of the nominees to represented on the Interagency Task Force, (b) DEPARTMENT OFFICE.— the President. or a contractor of such an agency, shall pro- (1) USE OF AVAILABLE APPROPRIATIONS.— (iii) SELECTION.—Not later than 30 days vide the Review Board with such records, From funds made available to Federal agen- after the date on which the nominations files, papers, data, and information as are cies for the fiscal year in which this title is under clause (ii) are submitted to the Presi- necessary to respond to any inquiry of the enacted, the President shall provide such dent, the President shall select from among Review Board under this Act. sums as are necessary to carry out the duties the nominees an individual to fill the va- (B) INCLUSION OF WORK IN PROGRESS.—Sub- of the Department Office under this Title cancy. ject to applicable law, information obtain- until the date on which funds are made (iv) SENATE CONFIRMATION.—An individual able under subparagraph (A)— available under paragraph (2). appointed to fill a vacancy on the Review (i) shall not be limited to final work prod- (2) AUTHORIZATION OF APPROPRIATIONS.— Board shall be appointed by and with the ad- ucts; but There is authorized to be appropriated to the vice and consent of the Senate. (ii) shall include draft work products and Department Office to carry out the duties of (5) APPLICABILITY OF ETHICS IN GOVERNMENT documentation of work in progress. the Department Office under this title ACT OF 1978.—A member of the Review Board (3) POSTAL SERVICES.—The Review Board $4,750,000,000 for the period of fiscal years shall be deemed to be an individual subject may use the United States mails in the same 2003 through 2011, to remain available to the Ethics in Government Act of 1978 (5 manner and under the same conditions as through September 30, 2011. U.S.C. App.). other agencies of the Federal Government. (c) REVIEW BOARD.— (6) CHAIRPERSON; VICE CHAIRPERSON.—The (e) COMPENSATION OF MEMBERS.—A member (1) USE OF AVAILABLE APPROPRIATIONS.— members of the Review Board shall select a of the Review Board shall be compensated at From funds made available to Federal agen- Chairperson and a Vice Chairperson of the a rate equal to the daily equivalent of the cies for the fiscal year in which this title is Review Board from among the members of annual rate of basic pay prescribed for level enacted, the President shall provide such the Review Board. IV of the Executive Schedule under section sums as are necessary to carry out the duties (c) DUTIES.— 5315 of title 5, United States Code, for each of the Review Board under this title until (1) IN GENERAL.—Not later than 180 days day (including travel time) during which the the date on which funds are made available after the date of submission of the initial member is engaged in the performance of the Strategy under section 1015(b), each updated under paragraph (2). duties of the Review Board. (2) AUTHORIZATION OF APPROPRIATIONS.— version of the Strategy under section 1015(c), (f) TRAVEL EXPENSES.—A member of the and each progress report under section There is authorized to be appropriated to the Review Board shall be allowed travel ex- Review Board to carry out the duties of the 1015(d), the Review Board shall submit to the penses, including per diem in lieu of subsist- President, Congress, and the heads of Fed- Review Board under this title $3,000,000 for ence, at rates authorized for an employee of each of fiscal years 2003 through 2011, to re- eral agencies as appropriate a report assess- an agency under subchapter I of chapter 57 of ing the adequacy of the Strategy or report. main available until expended. title 5, United States Code, while away from (d) ADDITIONAL AMOUNTS.—Amounts au- (2) COMMENTS.—In reviewing the Strategy the home or regular place of business of the thorized to be appropriated under this sec- or a report under paragraph (1), the Review member in the performance of the duties of Board shall consider and comment on— tion shall be in addition to— the Review Board. (1) amounts made available to carry out (A) the adequacy of effort and the appro- (g) STAFF.— the United States Global Change Research priateness of focus of the totality of all pub- (1) IN GENERAL.—The Chairperson of the Program under the Global Change Research lic, private, and public-private sector actions Review Board may, without regard to the Act of 1990 (15 U.S.C. 2921 et seq.); and of the United States with respect to the 4 provisions of title 5, United States Code, re- (2) amounts made available under other key elements; garding appointments in the competitive provisions of law for energy research and de- (B) the extent to which actions of the service, appoint and terminate an executive velopment. United States, with respect to climate director and such other additional personnel change, complement or leverage inter- as are necessary to enable the Review Board Subtitle C—Science and Technology Policy national research and other efforts designed to perform the duties of the Review Board. SEC. 1031. GLOBAL CLIMATE CHANGE IN THE OF- to manage global emissions of greenhouse (2) CONFIRMATION OF EXECUTIVE DIRECTOR.— FICE OF SCIENCE AND TECHNOLOGY gases, to further the long-term goal of sta- The employment of an executive director POLICY. bilization of greenhouse gas concentrations; shall be subject to confirmation by the Re- Section 101(b) of the National Science and (C) the funding implications of any rec- view Board. Technology Policy, Organization, and Prior- ommendations made by the Review Board; (3) COMPENSATION.— ities Act of 1976 (42 U.S.C. 6601(b)) is amend- and (A) IN GENERAL.—Except as provided in ed— (D)(i) the effectiveness with which each subparagraph (B), the Chairperson of the Re- (1) by redesignating paragraphs (7) through Federal agency is carrying out the respon- view Board may fix the compensation of the (13) as paragraphs (8) through (14), respec- sibilities of the Federal agency with respect executive director and other personnel with- tively; and to the short-term and long-term greenhouse out regard to the provisions of chapter 51 and (2) by inserting after paragraph (6) the fol- gas management goals; and subchapter III of chapter 53 of title 5, United lowing: (ii) the adequacy of the budget of each such States Code, relating to classification of po- ‘‘(7) improving efforts to understand, as- Federal agency to carry out those respon- sitions and General Schedule pay rates. sess, predict, mitigate, and respond to global sibilities. (B) MAXIMUM RATE OF PAY.—The rate of climate change;’’. (3) ADDITIONAL RECOMMENDATIONS.— pay for the executive director and other per- SEC. 1032. ESTABLISHMENT OF ASSOCIATE DI- (A) IN GENERAL.—Subject to subparagraph sonnel shall not exceed the rate payable for RECTOR FOR GLOBAL CLIMATE (B), the Review Board, at the request of the level V of the Executive Schedule under sec- CHANGE. President or Congress, may provide rec- tion 5316 of title 5, United States Code. Section 203 of the National Science and ommendations on additional climate change- (h) PROCUREMENT OF TEMPORARY AND Technology Policy, Organization, and Prior- related topics. INTERMITTENT SERVICES.—The Chairperson of ities Act of 1976 (42 U.S.C. 6612) is amended— (B) SECONDARY DUTY.—The provision of the Review Board may procure temporary (1) by striking ‘‘four’’ in the second sen- recommendations under subparagraph (A) and intermittent services in accordance with tence and inserting ‘‘five’’; and shall be a secondary duty to the primary section 3109(b) of title 5, United States Code, (2) by striking ‘‘title.’’ in the second sen- duty of the Review Board of providing inde- at rates for individuals that do not exceed tence and inserting ‘‘title, one of whom shall pendent review of the Strategy and the re- the daily equivalent of the annual rate of be responsible for global climate change ports under paragraphs (1) and (2). basic pay prescribed for level V of the Execu- science and technology under the Office of (d) POWERS.— tive Schedule under section 5316 of that title. Science and Technology Policy.’’.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1297 Subtitle D—Miscellaneous Provisions (B) a public or private entity, to the extent United Nations Framework Convention on SEC. 1041. ADDITIONAL INFORMATION FOR REG- that the entity operates in the United Climate Change. ULATORY REVIEW. States. (c) The Chairman shall publish a draft In each case that an agency prepares and (5) FACILITY.—The term ‘‘facility’’ means version of the Memorandum of Agreement in submits a Statement of Energy Effects pur- all buildings, structures, or installations lo- the Federal Register and solicit comments suant to Executive Order 13211 of May 18, cated on any one or more of contiguous or on it as soon as practicable and publish the 2001 (relating to actions concerning regula- adjacent property or properties, or a fleet of final Memorandum of Agreement in the Fed- tions that significantly affect energy supply, 20 or more transportation vehicles, under eral Register not later than 15 months after distribution, or use), or as part of compli- common control of the same entity. the date of enactment of this title. (d) The final Memorandum of Agreement ance with Executive Order 12866 of Sep- (6) GREENHOUSE GAS.—The term ‘‘green- tember 30, 1993 (relating to regulatory plan- house gas’’ means— shall not be subject to judicial review. ning and review) or its successor, the agency (A) carbon dioxide; SEC. 1104. NATIONAL GREENHOUSE GAS DATA- BASE. shall also submit an estimate of the change (B) methane; (a) ESTABLISHMENT.—The Designated Agen- in net annual greenhouse gas emissions re- (C) nitrous oxide; cy or Agencies, working in consultation with (D) hydrofluororcarbons; sulting from the proposed significant energy the private sector and nongovernmental or- (E) perfluorocarbons; and action. In the case in which there is an in- ganizations, shall establish, operate and crease in net annual greenhouse gas emis- (F) sulfur hexafluoride. maintain a database to be known as the Na- sions as a result of the proposed significant (7) INDIRECT EMISSIONS.—The term ‘indirect tional Greenhouse Gas Database to collect, energy action, the agency shall indicate emissions’ means greenhouse gas emissions verify, and analyze information on— what policies or measures will be undertaken that are a consequence of the activities of an (1) greenhouse gas emissions by entities lo- to mitigate or offset the increased emissions. entity but that are emitted from a facility cated in the United States; and SEC. 1042. GREENHOUSE GAS EMISSIONS FROM owned or controlled by another entity and (2) greenhouse gas emission reductions by FEDERAL FACILITIES. are not already reported as direct emissions entities based in the United States. (a) METHODOLOGY.— by a covered entity. (b) NATIONAL GREENHOUSE GAS DATABASE (1) IN GENERAL.—Not later than one year (8) SEQUESTRATION.—The term ‘sequestra- COMPONENTS.—The database shall consist of after the date of enactment of this section, tion’ means the capture, long-term separa- an inventory of greenhouse gas emissions the Secretary of Energy, Secretary of Agri- tion, isolation, or removal of greenhouse and a registry of greenhouse gas emissions culture, Secretary of Commerce, and Admin- gases from the atmosphere, including reductions. istrator of the Environmental Protection through a biological or geologic method such (c) DEADLINE.—Not later than 2 years after Agency shall publish a jointly developed as reforestation or an underground reservoir. the date of enactment of this title, the Des- methodology for preparing estimates of an- SEC. 1103. ESTABLISHMENT OF MEMORANDUM ignated Agency or Agencies shall promulgate nual net greenhouse gas emissions from all OF AGREEMENT. a rule to implement a comprehensive system Federally owned, leased, or operated facili- (a) Not later than one year after the date for greenhouse gas emissions reporting, ties and emission sources, including mobile of enactment of this title, the President, act- inventorying and reductions registration. sources. ing through the Chairman of the Council on The Designated Agency or Agencies shall en- (2) INDIRECT AND OTHER EMISSIONS.—The Environmental Quality, shall direct the De- sure that the system is designed to maximize methodology under paragraph (1) shall in- partment of Energy, the Department of Com- completeness, transparency, and accuracy clude emissions resulting from any Federal merce, the Department of Agriculture, the and to minimize measurement and reporting costs for covered entities. procurement action with an annual Federal Department of Transportation and the Envi- (d) REQUIRED ELEMENTS OF DATABASE RE- expenditure of greater than $100 million, in- ronmental Protection Agency, to enter into PORTING SYSTEM.— direct emissions associated with Federal a Memorandum of Agreement that will— electricity consumption, and other emissions (1) MANDATORY REPORTING.— (1) recognize and maintain existing statu- (A) Beginning one year after promulgation resulting from Federal actions that the tory and regulatory authorities, functions heads of the agencies under paragraph (1) of the final rule issued under subsection (c), and programs that collect data on green- each entity that exceeds the greenhouse gas may jointly decide to include in the esti- house gas emissions and effects and that are mates. emissions threshold in paragraph (2) shall re- necessary for the operation of the National port annually to the Designated Agency or (b) PUBLICATION.—Not later than 18 months Greenhouse Gas Database; after the date of enactment of this section, Agencies, for inclusion in the National (2) distribute additional responsibilities Greenhouse Gas Database, the entity-wide and annually thereafter, the Secretary of and activities identified by this title to Fed- Energy shall publish an estimate of annual emissions of greenhouse gases in the pre- eral departments or agencies according to vious calendar year. Such reports are due an- net greenhouse gas emissions from all Feder- their mission and expertise and to maximize ally owned, leased, or operated facilities and nually to the Designated Agency or Agen- the use of existing resources; and cies, but must be submitted no later than emission sources, using the methodology (3) provide for the comprehensive collec- published under subsection (a).– April 30 of each calendar year in support of tion and analysis of data on the emissions the previous years’ emission reporting re- TITLE1 XI—NATIONAL GREENHOUSE GAS related to product use, including fossil fuel quirements. DATABASE and energy consuming appliances and vehi- (B) Each report submitted shall include: SEC. 1101. PURPOSE. cles. (i) direct emissions from stationary The purpose of this title is to establish a (b) The Memorandum of Agreement en- sources; greenhouse gas inventory, reductions reg- tered into under subsection (a) shall, at a (ii) direct emissions from vehicles owned istry, and information system that— minimum, retain the following functions for or controlled by a covered entity; (1) is complete, consistent, transparent, the respective Departments and agencies: (iii) direct emissions from any land use ac- and accurate; (1) The Department of Energy shall be pri- tivities that release significant quantities of (2) will create reliable and accurate data marily responsible for developing, maintain- greenhouse gases; that can be used by public and private enti- ing, and verifying the emissions reduction (iv) indirect emissions from all outsourced ties to design efficient and effective green- registry, under both this title and its author- activities, contract manufacturing, wastes house gas emission reduction strategies; and, ity under section 1605(b) of the Energy Pol- transferred from the control of an entity, (3) will encourage and acknowledge green- icy Act of 1992 (42 U.S.C. 13385(b)). and other relevant instances, as determined house gas emissions reductions. (2) The Department of Commerce shall be to be practicable under the rule; SEC. 1102. DEFINITIONS. primarily responsible for the development of (v) indirect emissions from electricity, In this title— measurement standards for emissions moni- heat, and steam imported from another enti- (1) DATABASE.—The term ‘‘database’’ toring and verification technologies and ty, as determined to be practicable under the means the National Greenhouse Gas Data- methods to ensure that there is a consistent rule; base established under section 1104. and technically accurate record of emissions, (vi) the production, distribution or import (2) DESIGNATED AGENCY OR AGENCIES.— The reductions and atmospheric concentrations of greenhouse gases listed under section 1102 term ‘‘Designated Agency or Agencies’’ of greenhouse gases for the database under by an entity; and means the Department or Departments and/ this title. (vii) such other categories, which the des- or Agency or Agencies given the responsi- (3) The Environmental Protection Agency ignated Agency or Agencies determine by bility for a function or program under the shall be primarily responsible for emissions rule, after public notice and comment, Memorandum of Agreement entered into monitoring, measurement, verification and should be included to accomplish the pur- pursuant to Section 1103. data collection, pursuant to this title and ex- poses of this title. (3) DIRECT EMISSIONS.—The term ‘‘direct isting authority under Titles IV and VIII of (C) Each report shall include total mass emissions’’ means greenhouse gas emissions the Clean Air Act, and including mobile quantities for each greenhouse gas emitted, by an entity from a facility that is owned or source emissions information from imple- and in terms of carbon dioxide equivalent. controlled by that entity.– mentation of the Corporate Average Fuel (D) Each report shall include the green- (4) ENTITY.—The term ‘‘entity’’ means— Economy program (49 U.S.C. Chapter 329), house gas emissions per unit of output by an (A) a person located in the United States; and the Agency’s role in completing the na- entity, such as tons of carbon dioxide per or tional inventory for compliance with the kilowatt-hour or a similar metric.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1298 CONGRESSIONAL RECORD — SENATE February 27, 2002 (E) The first report shall be required to be (i) actual reductions in direct greenhouse (1) describes the total greenhouse gas emis- submitted not later than April 30 of the gas emissions relative to historic emission sions and emission reductions reported to fourth year after the date of enactment of levels and net of any increases in direct the database; this title. emissions and indirect emissions described (2) provides entity-by-entity and sector-by- (2) THRESHOLD FOR REPORTING.— in clauses (iv) and (v) of paragraph (1)(B), or sector analyses of the emissions and emis- (A) An entity shall not be required to (ii) actual increases in net sequestration. sion reductions reported, and make a report under paragraph (1) unless: (7) INDEPENDENT THIRD-PARTY (3) describes the atmospheric concentra- (i) the total greenhouse gas emissions of at VERIFICATION.—A reporting entity may— tions of greenhouse gases and tracks such in- least one facility owned by an entity in the (A) obtain independent third-party formation over time. calendar year for reporting exceeds 10,000 verification; and SEC. 1105. REPORT ON STATUTORY CHANGES metric tons of carbon dioxide equivalent, or (B) present the results of the third-party AND HARMONIZATION. a greater level as determined by rule; or, verification to the Designated Agency or Not later than 3 years after the date of en- (ii) the total quantity of greenhouse gases Agencies for consideration by the Designated actment of this title, the President shall produced, distributed or imported by the en- Agency or Agencies in carrying out para- submit to Congress a report identifying any tity exceeds 10,000 metric tons of carbon di- graph (1). changes needed to this title or to other pro- oxide equivalent, or a greater level as deter- (8) DATA QUALITY.—The rule under sub- visions of law to improve the accuracy or op- mined by rule. section (c)shall establish procedures and pro- eration of the Greenhouse Gas Database and (B) the final rule promulgated under sec- tocols needed to— related programs under this title. tion 1104(c) and subsequent revisions to that (A) prevent the reporting of some or all of SEC. 1106. MEASUREMENT AND VERIFICATION. rule with respect to the threshold for report- the same greenhouse gas emissions or emis- The Designated Agency or Agencies shall, ing in subparagraph (A) shall capture infor- sion reductions by more than one reporting not later than 1 year after the date of enact- mation on no less than 75 percent of anthro- entity; ment of this title, design and develop com- pogenic greenhouse gas emissions from enti- (B) provide for corrections to errors in data prehensive measurement and verification ties. submitted to the database; methods and standards to ensure a con- (3) METHOD OF REPORTING.—Entity-wide (C) provide for adjustment to data by re- sistent and technically accurate record of emissions shall be reported at the facility porting entities that have had a significant greenhouse gas emissions, reductions, and level. organizational change (including mergers, atmospheric concentrations for use in the (4) ADDITIONAL VOLUNTARY REPORTING.—An acquisitions, and divestiture), in order to national greenhouse gas database. The Agen- entity may voluntarily report to the Des- maintain comparability among data in the cy or Agencies shall periodically review and ignated Agency or Agencies, for inclusion in database over time; revise these methods and standards as nec- the registry portion of the national data- (D) provide for adjustments to reflect new essary. base— technologies or methods for measuring or SEC. 1107. INDEPENDENT REVIEW. (A) with respect to the preceding calendar calculating greenhouse gas emissions; and, (a) The General Accounting Office shall year and any greenhouse gas emitted by the (E) account for changes in registration of submit a report to Congress five years after entity— ownership of emissions reductions resulting the date of enactment of this title, and every (i) project reductions from facilities owned from a voluntary private transaction be- three years thereafter, providing a review of or controlled by the reporting entity in the tween reporting entities. the efficacy of the implementation and oper- United States; (9) AVAILABILITY OF DATA.—The Designated ation of the National Greenhouse Gas Data- (ii) transfers of project reductions to and Agency or Agencies shall ensure that infor- base established in section 1104 and making from any other entity; mation in the database is published, acces- recommendations for improvements to the (iii) project reductions and transfers of sible to the public, and made available in programs created pursuant to this title and project reductions outside the United States; electronic format on the Internet, except in changes to the law that will achieve a con- (iv) other indirect emissions that are not cases where the Designated Agency or Agen- sistent and technically accurate record of required to be reported under subsection (d); cies determine that publishing or making greenhouse gas emissions, reductions, and and available the information would disclose in- atmospheric concentrations and the other (v) product use phase emissions; and formation vital to national security. purposes of this title. (B) with respect to greenhouse gas emis- (10) DATA INFRASTRUCTURE.—The Des- (b) The Designated Agency or Agencies sions reductions activities carried out since ignated Agency or Agencies shall ensure that shall enter into an agreement with the Na- 1990 and verified according to rules imple- the database established by this Act shall tional Academy of Sciences to review the menting subparagraphs (6) and (8) of this utilize and is integrated with existing Fed- scientific methods, assumptions and stand- subsection and submitted to the Designated eral, regional, and state greenhouse gas data ards used by the Agency or Agencies imple- Agency or Agencies before the date that is collection and reporting systems to the max- menting this title, and to report to Congress three years after the date of enactment of imum extent possible and avoid duplication not later than four years after the date of en- this title, those reductions that have been of such systems. actment of this title with recommendations reported or submitted by an entity under (11) ADDITIONAL ISSUES TO BE CONSIDERED.— for improving those methods and standards section 1605(b) of the Energy Policy Act of In promulgating the rules for and imple- or related elements of the programs or struc- 1992 (42 U.S.C. 13385(b)) or under other Fed- menting the Database, the Designated Agen- ture of the reporting and registry system es- eral or State voluntary greenhouse gas re- cy or Agencies shall consider a broad range tablished by this title. duction programs. of issues involved in establishing an effective SEC. 1108. AUTHORIZATION OF APPROPRIATIONS. (5) TYPES OF ACTIVITIES.—Under paragraph database, including the following: There is authorized to be appropriated (4), an entity may report projects that re- (A) UNITS FOR REPORTING.—The appropriate such sums as are necessary to carry out the duce greenhouse gas emissions or sequester a units for reporting each greenhouse gas, and activities and programs included in this greenhouse gas, including— whether to require reporting of emission effi- title. ciency rates (including emissions per kilo- (A) fuel switching; DIVISION E—ENHANCING RESEARCH, watt-hour for electricity generators) in addi- (B) energy efficiency improvements; DEVELOPMENT, AND TRAINING (C) use of renewable energy; tion to mass emissions of greenhouse gases, (D) use of combined heat and power sys- (B) INTERNATIONAL CONSISTENCY.—The TITLE XII—ENERGY RESEARCH AND tems; greenhouse gas reduction and sequestration DEVELOPMENT PROGRAMS (E) management of cropland, grassland, methods and standards applied in other SEC. 1201. SHORT TITLE. and grazing land; countries, as applicable or relevant; and This division may be cited as the ‘‘Energy (F) forestry activities that increase forest (C) DATA SUFFICIENCY.—The extent to Science and Technology Enhancement Act of carbon stocks or reduce forest carbon emis- which available fossil fuels, greenhouse gas 2002’’. sions; emissions, and greenhouse gas production SEC. 1202. FINDINGS. (G) carbon capture and storage; and importation data are adequate to imple- The Congress finds the following: (H) methane recovery; and ment a comprehensive National Greenhouse (1) A coherent national energy strategy re- (I) greenhouse gas offset investments. Gas Database. quires an energy research and development (6) PROVISION OF VERIFICATION INFORMATION (e) ENFORCEMENT.—The Attorney General program that supports basic energy research BY REPORTING ENTITIES.—Each reporting en- may, at the request of the Designated Agen- and provides mechanisms to develop, dem- tity shall provide information sufficient for cy or Agencies, bring a civil action in United onstrate, and deploy new energy tech- the Designated Agency or Agencies to verify, States District Court against an entity that nologies in partnership with industry. in accordance with measurement and fails to comply with reporting requirements (2) An aggressive national energy research, verification criteria developed under Section under this section, to impose a civil penalty development, demonstration, and technology 1106, that the greenhouse gas report of the of not more than $25,000 for each day that deployment program is an integral part of a reporting entity— the failure to comply continues. national climate change strategy, because it (A) has been accurately reported; and (f) ANNUAL REPORT.—The Designated Agen- can reduce— (B) in the case of each additional voluntary cy or Agencies shall publish an annual report (A) United States energy intensity by 1.9 report, represents— that— percent per year from 1999 to 2020;

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1299 (B) United States energy consumption in ciency in buildings, industry, power tech- the Secretary for carrying out research, de- 2020 by 8 quadrillion Btu from otherwise ex- nologies, and transportation. velopment, demonstration, and technology pected levels; and (b) PROGRAM GOALS.— deployment activities under this subtitle— (C) United States carbon dioxide emissions (1) ENERGY-EFFICIENT HOUSING.—The goal of (1)$700,000,000 for fiscal year 2003; from expected levels by 166 million metric the energy-efficient housing program shall (2) $784,000,000 for fiscal year 2004; tons in carbon equivalent in 2020. be to develop, in partnership with industry, (3) $878,000,000 for fiscal year 2005; and (3) An aggressive national energy research, enabling technologies (including lighting (4) $983,000,000 for fiscal year 2006. development, demonstration, and technology technologies), designs, production methods, (d) LIMITATION ON USE OF FUNDS.—None of deployment program can help maintain do- and supporting activities that will, by 2010— the funds authorized to be appropriated in mestic United States production of energy, (A) cut the energy use of new housing by 50 subsection (c) may be used for the following increase United States hydrocarbon reserves percent, and programs of the Department— by 14 percent, and lower natural gas prices (B) reduce energy use in existing homes by (1) Weatherization Assistance Program; by 20 percent, compared to estimates for 30 percent. (2) State Energy Program; or 2020. (2) INDUSTRIAL ENERGY EFFICIENCY.—The (3) Federal Energy Management Program. (4) An aggressive national energy research, goal of the industrial energy efficiency pro- SEC. 1212. ENERGY EFFICIENCY SCIENCE INITIA- development, demonstration, and technology gram shall be to develop, in partnership with TIVE. deployment program is needed if United industry, enabling technologies, designs, pro- (a) ESTABLISHMENT AND AUTHORIZATION OF States suppliers and manufacturers are to duction methods, and supporting activities APPROPRIATIONS.—From amounts authorized compete in future markets for advanced en- that will, by 2010, enable energy-intensive in- under section 1211(c), there are authorized to ergy technologies. dustries such as the following industries to be appropriated not more than $50,000,000 in reduce their energy intensity by at least 25 SEC. 1203. DEFINITIONS. any fiscal year, for an Energy Efficiency percent— Science Initiative to be managed by the As- In this title: (A) the wood product manufacturing indus- sistant Secretary in the Department with re- (1) DEPARTMENT.—The term ‘‘Department’’ try; sponsibility for energy conservation under means the Department of Energy. (B) the pulp and paper industry; section 203(a)(9) of the Department of Energy (2) DEPARTMENTAL MISSION.—The term ‘‘de- (C) the petroleum and coal products manu- Organization Act (42 U.S.C. 7133(a)(9)), in partmental mission’’ means any of the func- facturing industry; consultation with the Director of the Office tions vested in the Secretary of Energy by (D) the mining industry; of Science, for grants to be competitively the Department of Energy Organization Act (E) the chemical manufacturing industry; awarded and subject to peer review for re- (42 U.S.C. 7101 et seq.) or other law. (F) the glass and glass product manufac- search relating to energy efficiency. (3) INSTITUTION OF HIGHER EDUCATION.—The turing industry; (b) REPORT.—The Secretary of Energy shall term ‘‘institution of higher education’’ has (G) the iron and steel mills and ferroalloy submit to the Committee on Science and the the meaning given that term in section manufacturing industry; Committee on Appropriations of the United 1201(a) of the Higher Education Act of 1965 (H) the primary aluminum production in- States House of Representatives, and to the (20 U.S.C. 1141(a)); dustry; Committee on Energy and Natural Resources (4) NATIONAL LABORATORY.—The term ‘‘Na- (I) the foundries industry; and and the Committee on Appropriations of the tional Laboratory’’ means any of the fol- (J) U.S. agriculture. United States Senate, an annual report on lowing multi-purpose laboratories owned by (3) TRANSPORTATION ENERGY EFFICIENCY.— the activities of the Energy Efficiency the Department of Energy— The goal of the transportation energy effi- Science Initiative, including a description of (A) Argonne National Laboratory; ciency program shall be to develop, in part- the process used to award the funds and an (B) Brookhaven National Laboratory; nership with industry, technologies that will explanation of how the research relates to (C) Idaho National Engineering and Envi- enable the achievement— energy efficiency. ronmental Laboratory; (A) by 2010, passenger automobiles with a SEC. 1213. NEXT GENERATION LIGHTING INITIA- (D) Lawrence Berkeley National Labora- fuel economy of 80 miles per gallon; TIVE. tory; (B) by 2010, light trucks (classes 1 and 2a) (a) ESTABLISHMENT.—There is established (E) Lawrence Livermore National Labora- with a fuel economy of 60 miles per gallon; in the Department a Next Generation Light- tory; (C) by 2010, medium trucks and buses ing Initiative to research, develop, and con- (F) Los Alamos National Laboratory; (classes 2b through 6 and class 8 transit duct demonstration activities on advanced (G) National Energy Technology Labora- buses) with a fuel economy, in ton-miles per solid-state lighting technologies based on tory; gallon, that is three times that of year 2000 white light emitting diodes. (H) National Renewable Energy Labora- equivalent vehicles; (b) OBJECTIVES.— tory; (D) by 2010, heavy trucks (classes 7 and 8) (1) IN GENERAL.—The objectives of the ini- (I) Oak Ridge National Laboratory; with a fuel economy, in ton-miles per gallon, tiative shall be to develop, by 2011, advanced (J) Pacific Northwest National Laboratory; that is two times that of year 2000 equivalent solid-state lighting technologies based on or vehicles; and white light emitting diodes that, compared (K) Sandia National Laboratory. (E) by 2015, the production of fuel-cell pow- to incandescent and fluorescent lighting (5) SECRETARY.—The term ‘‘Secretary’’ ered passenger vehicles with a fuel economy technologies, are— means the Secretary of Energy. of 110 miles per gallon. (A) longer lasting; (6) TECHNOLOGY DEPLOYMENT.—The term (4) ENERGY EFFICIENT DISTRIBUTED GENERA- (B) more energy-efficient; and ‘‘technology deployment’’ means activities TION—The goals of the energy efficient on- (C) cost-competitive. to promote acceptance and utilization of site generation program shall be to help re- (2) INORGANIC WHITE LIGHT EMITTING technologies in commercial application, in- move environmental and regulatory barriers DIODE.—The objective of the initiative with cluding activities undertaken pursuant to to on-site, or distributed, generation and respect to inorganic white light emitting di- section 7 of the Federal Nonnuclear Energy combined heat and power by developing odes shall be to develop an inorganic white Research and Development Act of 1974 (42 technologies by 2015 that achieve— light emitting diode that has an efficiency of U.S.C. 5906) or section 6 of the Renewable En- (A) electricity generating efficiencies 160 lumens per watt and a 10-year lifetime. ergy and Energy Efficiency Technology Com- greater than 40 percent for on-site genera- (3) ORGANIC WHITE LIGHT EMITTING DIODE.— petitiveness Act of 1989 (42 U.S.C. 12007). tion technologies based upon natural gas, in- The objective of the initiative with respect SEC. 1204. CONSTRUCTION WITH OTHER LAWS. cluding fuel cells, microturbines, recipro- to organic white light emitting diodes shall Except as otherwise provided in this title cating engines and industrial gas turbines; be to develop an organic white light emitting and title XIV, the Secretary shall carry out (B) combined heat and power total (elec- diode with an efficiency of 100 lumens per the research, development, demonstration, tric and thermal) efficiencies of more than 85 watt with a 5-year lifetime that— and technology deployment programs au- percent; (A) illuminates over a full color spectrum; thorized by this title in accordance with the (C) fuel flexibility to include hydrogen, (B) covers large areas over flexible sur- Atomic Energy Act of 1954 (42 U.S.C. 2011 et biofuels and natural gas; faces; and seq.), the Federal Nonnuclear Research and (D) near zero emissions of pollutants that (C) does not contain harmful pollutants Development Act of 1974 (42 U.S.C. 5901 et form smog and acid rain; typical of fluorescent lamps such as mer- seq.), the Energy Policy Act of 1992 (42 (E) reduction of carbon dioxide emissions cury. U.S.C.13201 et seq.), or any other Act under by at least 40 percent; (c) CONSORTIUM.— which the Secretary is authorized to carry (F) packaged system integration at end (1) IN GENERAL.—The Secretary shall ini- out such activities. user facilities providing complete services in tiate and manage basic and manufacturing- Subtitle A—Energy Efficiency heating, cooling, electricity and air quality; related research on advanced solid-state SEC. 1211. ENHANCED ENERGY EFFICIENCY RE- and lighting technologies based on white light SEARCH AND DEVELOPMENT. (G) increased reliability for the consumer emitting diodes for the initiative, in co- (a) PROGRAM DIRECTION.—The Secretary and greater stability for the national elec- operation with the Next Generation Lighting shall conduct balanced energy research, de- tricity grid. Initiative Consortium. velopment, demonstration, and technology (c) AUTHORIZATION OF APPROPRIATIONS.— (2) COMPOSITION.—The consortium shall be deployment programs to enhance energy effi- There are authorized to be appropriated to composed of firms, national laboratories,

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ENHANCED RENEWABLE ENERGY RE- state lighting research, development, and results of such assessment and review activi- SEARCH AND DEVELOPMENT. manufacturing expertise as a whole. ties in making funding decisions under para- (a) PROGRAM DIRECTION.—The Secretary (3) FUNDING.—The consortium shall be graphs (1) and (2) of this subsection. shall conduct balanced energy research, de- funded by— (4) TECHNICAL ASSISTANCE.—The National velopment, demonstration, and technology (A) participation fees; and Laboratories shall cooperate with and pro- deployment programs to enhance the use of (B) grants provided under subsection (e)(1). vide technical assistance to persons carrying renewable energy. (4) ELIGIBILITY.—To be eligible to receive a out projects under the initiative. (b) PROGRAM GOALS.— grant under subsection (e)(1), the consortium (5) AUDITS.— (1) WIND POWER.—The goals of the wind shall— (A) IN GENERAL.—The Secretary shall re- power program shall be to develop, in part- (A) enter into a consortium participation tain an independent, commercial auditor to nership with industry, a variety of advanced agreement that— determine the extent to which funds made wind turbine designs and manufacturing (i) is agreed to by all participants; and available under this section have been ex- technologies that are cost-competitive with (ii) describes the responsibilities of partici- pended in a manner that is consistent with fossil-fuel generated electricity, with a focus pants, participation fees, and the scope of re- the objectives under subsection (b) and, in on developing advanced low wind speed tech- search activities; and the case of funds made available to the con- nologies that, by 2007, will enable the ex- (B) develop an annual program plan. sortium, the annual program plan of the con- panding utilization of widespread class 3 and (5) INTELLECTUAL PROPERTY.—Participants sortium under subsection (c)(4)(B). 4 winds. in the consortium shall have royalty-free (B) REPORTS.—The auditor shall submit to (2) PHOTOVOLTAICS.—The goal of the photo- nonexclusive rights to use intellectual prop- Congress, the Secretary, and the Comptroller voltaic program shall be to develop, in part- erty derived from consortium research con- General of the United States an annual re- nership with industry, total photovoltaic ducted under subsection (e)(1). port containing the results of the audit. systems with installed costs of $4000 per peak (d) PLANNING BOARD.— (6) APPLICABLE LAW.—Grants, contracts, kilowatt by 2005 and $2000 per peak kilowatt (1) IN GENERAL.—Not later than 90 days and cooperative agreements under this sec- by 2015. after the establishment of the consortium, tion shall not be subject to the Federal Ac- (3) SOLAR THERMAL ELECTRIC SYSTEMS.— the Secretary shall establish and appoint the quisition Regulation. The goal of the solar thermal electric sys- members of a planning board, to be known as tems program shall be to develop, in partner- (f) PROTECTION OF INFORMATION.—Informa- the ‘‘Next Generation Lighting Initiative tion obtained by the Federal Government on ship with industry, solar power technologies Planning Board’’, to assist the Secretary in a confidential basis under this section shall (including baseload solar power) that are carrying out this section. be considered to constitute trade secrets and competitive with fossil-fuel generated elec- (2) COMPOSITION.—The planning board shall tricity by 2015, by combining high-efficiency commercial or financial information ob- be composed of— and high-temperature receivers with ad- tained from a person and privileged or con- (A) 4 members from universities, national vanced thermal storage and power cycles. fidential under section 552(b)(4) of title 5, laboratories, and other individuals with ex- (4) BIOMASS-BASED POWER SYSTEMS.—The United States Code. pertise in advanced solid-state lighting and goal of the biomass program shall be to de- (g) AUTHORIZATION OF APPROPRIATIONS.—In technologies based on white light emitting velop, in partnership with industry, inte- addition to amounts authorized under sec- diodes; and grated power-generating systems, advanced tion 1211(c), there are authorized to be appro- (B) 3 members from a list of not less than conversion, and feedstock technologies capa- priated for activities under this section 6 nominees from industry submitted by the ble of producing electric power that is cost- $50,000,000 for each of fiscal years 2003 consortium. competitive with fossil-fuel generated elec- through 2011. (3) STUDY.— tricity by 2010, together with the production (h) DEFINITIONS.—In this section: (A) IN GENERAL.—Not later than 90 days of fuels, chemicals, and other products under after the date on which the Secretary ap- (1) ADVANCED SOLID-STATE LIGHTING.—The paragraph (6). term ‘‘advanced solid-state lighting’’ means points members to the planning board, the (5) GEOTHERMAL ENERGY.—The goal of the planning board shall complete a study on a semiconducting device package and deliv- geothermal program shall be to develop, in strategies for the development and imple- ery system that produces white light using partnership with industry, technologies and mentation of advanced solid-state lighting externally applied voltage. processes based on advanced hydrothermal technologies based on white light emitting (2) CONSORTIUM.—The term ‘‘consortium’’ systems and advanced heat and power sys- diodes. means the Next Generation Lighting Initia- tems, including geothermal heat pump tech- (B) REQUIREMENTS.—The study shall de- tive Consortium under subsection (c). nology, with a specific focus on— velop a comprehensive strategy to imple- (3) INITIATIVE.—The term ‘‘initiative’’ (A) improving exploration and character- ment, through the initiative, the use of means the Next Generation Lighting Initia- ization technology to increase the prob- white light emitting diodes to increase en- tive established under subsection (a). ability of drilling successful wells from 20 ergy efficiency and enhance United States (4) INORGANIC WHITE LIGHT EMITTING percent to 40 percent by 2006; competitiveness. DIODE.—The term ‘‘inorganic white light (B) reducing the cost of drilling by 2008 to (C) IMPLEMENTATION.—As soon as prac- emitting diode’’ means an inorganic an average cost of $150 per foot; and ticable after the study is submitted to the semiconducting package that produces white (C) developing enhanced geothermal sys- Secretary, the Secretary shall implement light using externally applied voltage. tems technology with the potential to double the initiative in accordance with the rec- (5) ORGANIC WHITE LIGHT EMITTING DIODE.— the useable geothermal resource base. ommendations of the planning board. The term ‘‘organic white light emitting (6) BIOFUELS.—The goal of the biofuels pro- (4) TERMINATION.—The planning board shall diode’’ means an organic semiconducting gram shall be to develop, in partnership with terminate upon completion of the study compound that produces white light using industry, advanced biochemical and under paragraph (3). externally applied voltage. thermochemical conversion technologies ca- (e) GRANTS.— (6) WHITE LIGHT EMITTING DIODE.—The term pable of making liquid and gaseous fuels (1) FUNDAMENTAL RESEARCH.—The Sec- ‘‘white light emitting diode’’ means— from cellulosic feedstocks, that are price- retary, through the consortium, shall make (A) an inorganic white light emitting competitive with gasoline or diesel, in either grants to conduct basic and manufacturing- diode; or internal combustion engines or fuel cell ve- related research related to advanced solid- (B) an organic white light emitting diode. hicles, by 2010. state lighting technologies based on white SEC. 1214. RAILROAD EFFICIENCY. (7) HYDROGEN-BASED ENERGY SYSTEMS.—The light emitting diode technologies. (a) ESTABLISHMENT.—The Secretary shall, goals of the hydrogen program shall be to (2) TECHNOLOGY DEVELOPMENT AND DEM- in cooperation with the Secretaries of Trans- support research and development on tech- ONSTRATION.—The Secretary shall enter into portation and Defense, and the Adminis- nologies for production, storage, and use of grants, contracts, and cooperative agree- trator of the Environmental Protection hydrogen, including fuel cells and, specifi- ments to conduct or promote technology re- Agency, establish a public-private research cally, fuel-cell vehicle development activi- search, development, or demonstration ac- partnership involving the federal govern- ties under section 1211. tivities. In providing funding under this ment, railroad carriers, locomotive manufac- (8) HYDROPOWER.—The goal of the hydro- paragraph, the Secretary shall give pref- turers, and the Association of American power program shall be to develop, in part- erence to participants in the consortium. Railroads. The goal of the initiative shall in- nership with industry, a new generation of (3) CONTINUING ASSESSMENT.—The consor- clude developing and demonstrating loco- turbine technologies that are less damaging tium, in collaboration with the Secretary, motive technologies that increase fuel econ- to fish and aquatic ecosystems. shall formulate annual operating and per- omy, reduce emissions, improve safety, and (9) ELECTRIC ENERGY SYSTEMS AND STOR- formance objectives, develop technology lower costs. AGE.—The goals of the electric energy and roadmaps, and recommend research and de- (b) AUTHORIZATION OF APPROPRIATIONS.— storage program shall be to develop, in part- velopment priorities for the initiative. The There are authorized to be appropriated to nership with industry— Secretary may also establish or utilize advi- carry out the requirements of this section (A) generators and transmission, distribu- sory committees, or enter into appropriate $60,000,000 for fiscal year 2003 and $70,000,000 tion, and storage systems that combine high arrangements with the National Academy of for fiscal year 2004. capacity with high efficiency;

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(B) technologies to interconnect distrib- including cross-cutting research and devel- ‘‘(A) IN GENERAL.—The Secretary shall re- uted energy resources with electric power opment in feedstocks and economic analysis. quire a commitment from non-Federal systems, comply with any national inter- SEC. 1223. HYDROGEN RESEARCH AND DEVELOP- sources of at least 25 percent of the cost of connection standards, have a minimum 10- MENT. the project. year useful life; (a) SHORT TITLE.—This section may be ‘‘(B) REDUCTION OR ELIMINATION.—The Sec- (C) advanced technologies to increase the cited as the ‘‘Hydrogen Future Act of 2002’’. retary may reduce or eliminate the cost- average efficiency of electric transmission (b) PURPOSES.—Section 102(b) of the Spark sharing requirement under subparagraph (A) facilities in rural and remote areas, giving M. Matsunaga Hydrogen Research, Develop- for the proposed research and development priority for demonstrations to advanced ment, and Demonstration Act of 1990 (42 project, including for technical analyses, transmission technologies that are being or U.S.C. 12401(b)) is amended by striking para- economic analyses, outreach activities, and have been field tested; graphs (2) and (3) and inserting the following: educational programs, if the Secretary de- (D) the use of new transmission tech- ‘‘(2) to direct the Secretary to develop a termines that reduction or elimination is nologies, including composite conductor ma- program of technology assessment, informa- necessary to achieve the objectives of this terials, advanced protection devices, control- tion transfer, and education in which Fed- Act. lers, and other cost-effective methods and eral agencies, members of the transpor- (4) in subsection (i), by striking ‘‘this chap- technologies; tation, energy, and other industries, and ter’’ and inserting ‘‘this Act’’. (E) the use of superconducting materials in other entities may participate; (e) DEMONSTRATIONS.—Section 105 of the power delivery equipment such as trans- ‘‘(3) to develop methods of hydrogen pro- Spark M. Matsunaga Hydrogen Research, De- mission and distribution cables, trans- duction that minimize production of green- velopment, and Demonstration Act of 1990 formers, and generators; house gases, including developing— (42 U.S.C. 12404) is amended by striking sub- (F) energy management technologies for ‘‘(A) efficient production from non-renew- section (c) and inserting the following: ‘‘(c) NON-FEDERAL SHARE.— enterprises with aggregated loads and dis- able resources; and ‘‘(1) IN GENERAL.—Except as provided in tributed generation, such as power parks; ‘‘(B) cost-effective production from renew- paragraph (2), the Secretary shall require a (G) economic and system models to meas- able resources such as biomass, geothermal, commitment from non-Federal sources of at ure the costs and benefits of improved sys- wind, and solar energy; and least 50 percent of the costs directly relating tem performance; ‘‘(4) to foster the use of hydrogen as a to a demonstration project under this sec- (H) hybrid distributed energy systems to major energy source, including developing tion. optimize two or more distributed or on-site the use of hydrogen in— ‘‘(2) REDUCTION.—The Secretary may re- generation technologies; and ‘‘(A) isolated villages, islands, and commu- duce the non-Federal requirement under (I) real-time transmission and distribution nities in which other energy sources are not paragraph (1) if the Secretary determines system control technologies that provide for available or are very expensive; and that the reduction is appropriate considering continual exchange of information between ‘‘(B) foreign economic development, to the technological risks involved in the generation, transmission, distribution, and avoid environmental damage from increased project and is necessary to meet the objec- end-user facilities. fossil fuel use.’’. tives of this Act.’’. (c) SPECIAL PROJECTS.—In carrying out (c) REPORT TO CONGRESS.—Section 103 of (f) TECHNOLOGY TRANSFER.—Section 106 of this section, the Secretary shall dem- the Spark M. Matsunaga Hydrogen Research, Development, and Demonstration Act of 1990 the Spark M. Matsunaga Hydrogen Research, onstrate— Development, and Demonstration Act of 1990 (1) the use of advanced wind power tech- (42 U.S.C. 12402) is amended— (1) in subsection (a), by striking ‘‘January (42 U.S.C. 12405) is amended— nology, biomass, geothermal energy systems, (1) in subsection (a)— and other renewable energy technologies to 1, 1999,’’ and inserting ‘‘1 year after the date of enactment of the Hydrogen Future Act of (A) in the first sentence— assist in delivering electricity to rural and (i) by striking ‘‘The Secretary shall con- remote locations; and 2002, and biennially thereafter,’’; (2) in subsection (b), by striking para- duct a program designed to accelerate wider (2) the combined use of wind power and application’’ and inserting the following: coal gasification technologies. graphs (1) and (2) and inserting the following: ‘‘(1) an analysis of hydrogen-related activi- ‘‘(1) IN GENERAL.—The Secretary shall con- (d) FINANCIAL ASSISTANCE TO RURAL ties throughout the United States Govern- duct a program designed to— AREAS.—In carrying out special projects ‘‘(A) accelerate wider application’’; and under subsection (c), the Secretary may pro- ment to identify productive areas for in- creased intragovernmental collaboration; (ii) by striking ‘‘private sector’’ and insert- vide financial assistance to rural electric co- ing ‘‘private sector; and operatives and other rural entities. ‘‘(2) recommendations of the Hydrogen Technical Advisory Panel established by sec- ‘‘(B) accelerate wider application of hydro- (e) AUTHORIZATION OF APPROPRIATIONS.— gen technologies in foreign countries to in- There are authorized to be appropriated to tion 108 for any improvements in the pro- gram that are needed, including rec- crease the global market for the tech- the Secretary for carrying out research, de- nologies and foster global economic develop- velopment, demonstration, and technology ommendations for additional legislation; and ‘‘(3) to the extent practicable, an analysis ment without harmful environmental ef- deployment activities under this subtitle— fects.’’; and (1) $500,000,000 for fiscal year 2003; of State and local hydrogen-related activi- ties.’’; and (B) in the second sentence, by striking (2) $595,000,000 for fiscal year 2004; ‘‘The Secretary’’ and inserting the following: (3) $683,000,000 for fiscal year 2005; and (3) by adding at the end the following: ‘‘(c) COORDINATION PLAN.—The report under ‘‘(2) ADVICE AND ASSISTANCE.—The Sec- (4) $733,000,000 for fiscal year 2006. subsection (a) shall be based on a comprehen- retary’’; and SEC. 1222. BIOENERGY PROGRAMS. sive coordination plan for hydrogen energy (2) in subsection (b)— (a) PROGRAM DIRECTION.—The Secretary prepared by the Secretary in consultation (A) in paragraph (2), by redesignating sub- shall carry out research, development, dem- with other Federal agencies.’’. paragraphs (A) through (D) as clauses (i) onstration, and technology development ac- (d) HYDROGEN RESEARCH AND DEVELOP- through (iv), respectively, and indenting ap- tivities related to bioenergy, including pro- MENT.—Section 104 of the Spark M. Matsu- propriately; grams under paragraphs (4) and (6) of section naga Hydrogen Research, Development, and (B) by redesignating paragraphs (1) and (2) 1221(b). Demonstration Act of 1990 (42 U.S.C. 12403) is as subparagraphs (A) and (B), respectively, (b) AUTHORIZATION OF APPROPRIATIONS.— amended— and indenting appropriately; (1) BIOPOWER ENERGY SYSTEMS.—From (1) in subsection (b)(1), by striking ‘‘mar- (C) by striking ‘‘The Secretary, in’’ and in- amounts authorized under section 1221(e), ketplace;’’ and inserting ‘‘marketplace, in- serting the following: there are authorized to be appropriated to cluding foreign markets, particularly where ‘‘(1) IN GENERAL.—The Secretary, in’’; the Secretary for biopower energy systems— an energy infrastructure is not well devel- (D) by striking ‘‘The information’’ and in- (A) $60,300,000 for fiscal year 2003; oped;’’; serting the following: (B) $69,300,000 for fiscal year 2004; (2) in subsection (e), by striking ‘‘this ‘‘(2) ACTIVITIES.—The information’’; and (C) $79,600,000 for fiscal year 2005; and chapter’’ and inserting ‘‘this Act’’; (E) in paragraph (1) (as designated by sub- (D) $86,250,000 for fiscal year 2006. (3) by striking subsection (g) and inserting paragraph (C))— (2) BIOFUELS ENERGY SYSTEMS.—From the following: (i) in subparagraph (A) (as redesignated by amounts authorized under section 1221(e), ‘‘(g) COST SHARING.— subparagraph (B)), by striking ‘‘an inven- there are authorized to be appropriated to ‘‘(1) INABILITY TO FUND ENTIRE COST.—The tory’’ and inserting ‘‘an update of the inven- the Secretary for biofuels energy systems— Secretary shall not consider a proposal sub- tory’’; and (A) $57,500,000 for fiscal year 2003; mitted by a person from industry unless the (ii) in subparagraph (B) (as redesignated by (B) $66,125,000 for fiscal year 2004; proposal contains a certification that— subparagraph (B)), by striking ‘‘develop’’ and (C) $76,000,000 for fiscal year 2005; and ‘‘(A) reasonable efforts to obtain non-Fed- all that follows through ‘‘to improve’’ and (D) $81,400,000 for fiscal year 2006. eral funding in the amount necessary to pay inserting ‘‘develop with the National Aero- (3) INTEGRATED BIOENERGY RESEARCH AND 100 percent of the cost of the project have nautics and Space Administration, the De- DEVELOPMENT.—The Secretary may use funds been made; and partment of Energy, other Federal agencies authorized under paragraph (1) or (2) for pro- ‘‘(B) non-Federal funding in that amount as appropriate, and industry, an information grams, projects, or activities that integrate could not reasonably be obtained. exchange program to improve’’. applications for both biopower and biofuels, ‘‘(2) NON-FEDERAL SHARE.— (g) TECHNICAL PANEL REVIEW.—

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(1) IN GENERAL.—Section 108 of the Spark ‘‘(1) IN GENERAL.—Except as provided in ‘‘(4) $40,000,000 for fiscal year 2006.’’. M. Matsunaga Hydrogen Research, Develop- paragraph (2), the Secretary shall require a Subtitle C—Fossil Energy ment, and Demonstration Act of 1990 (42 commitment from non-Federal sources of at SEC. 1231. ENHANCED FOSSIL ENERGY RE- U.S.C. 12407) is amended— least 50 percent of the costs directly relating SEARCH AND DEVELOPMENT. (A) in subsection (b)— to a demonstration project under this sec- (a) PROGRAM DIRECTION.—The Secretary (i) by striking ‘‘(b) MEMBERSHIP.—The tion. shall conduct a balanced energy research, de- technical panel shall be appointed’’ and in- ‘‘(2) REDUCTION.—The Secretary may re- velopment, demonstration, and technology serting the following: duce the non-Federal requirement under deployment program to enhance fossil en- ‘‘(b) MEMBERSHIP.— paragraph (1) if the Secretary determines ergy. ‘‘(1) IN GENERAL.—The technical panel shall that the reduction is appropriate considering (b) PROGRAM GOALS.— be comprised of not fewer than 9 nor more the technological risks involved in the (1) CORE FOSSIL RESEARCH AND DEVELOP- than 15 members appointed’’; project and is necessary to meet the objec- MENT.—The goals of the core fossil research (ii) by striking the second sentence and in- tives of this Act.’’. and development program shall be to reduce serting the following: (2) COOPERATIVE AND COST-SHARING AGREE- emissions from fossil fuel use by developing ‘‘(2) TERMS.— MENTS; INTEGRATION OF TECHNICAL INFORMA- technologies, including precombustion tech- ‘‘(A) IN GENERAL.—The term of a member TION.—Title II of the Hydrogen Future Act of nologies, by 2015 with the capability of real- of the technical panel shall be not more than 1996 (42 U.S.C. 12403 note; Public Law 104-271) izing— 3 years. is amended by striking section 202 and in- (A) electricity generating efficiencies of 60 ‘‘(B) STAGGERED TERMS.—The Secretary serting the following: percent for coal and 75 percent for natural may appoint members of the technical panel ‘‘SEC. 202. INTERAGENCY TASK FORCE. gas; in a manner that allows the terms of the ‘‘(a) ESTABLISHMENT.—Not later than 120 (B) combined heat and power thermal effi- members serving at any time to expire at days after the date of enactment of this sec- ciencies of more than 85 percent; spaced intervals so as to ensure continuity tion, the Secretary shall establish an inter- (C) fuels utilization efficiency of 75 percent in the functioning of the technical panel. agency task force led by a Deputy Assistant for the production of liquid transportation ‘‘(C) REAPPOINTMENT.—A member of the Secretary of the Department of Energy and fuels from coal; technical panel whose term expires may be comprised of representatives of— (D) near zero emissions of mercury and of reappointed.’’; and ‘‘(1) the Office of Science and Technology emissions that form fine particles, smog, and (iii) by striking ‘‘The technical panel shall Policy; acid rain; have a chairman,’’ and inserting the fol- ‘‘(2) the Department of Transportation; (E) reduction of carbon dioxide emissions lowing: ‘‘(3) the Department of Defense; by at least 40 percent through efficiency im- ‘‘(3) CHAIRPERSON.—The technical panel ‘‘(4) the Department of Commerce (includ- provements and 100 percent with sequestra- shall have a chairperson,’’; and ing the National Institute for Standards and tion; and (B) in subsection (d)— Technology); (F) improved reliability, efficiency, reduc- (i) in the matter preceding paragraph (1), ‘‘(5) the Environmental Protection Agency; tions of air pollutant emissions, or reduc- by striking ‘‘the following items’’; ‘‘(6) the National Aeronautics and Space tions in solid waste disposal requirements. (ii) in paragraph (1), by striking ‘‘and’’ at Administration; and (2) OFFSHORE OIL AND NATURAL GAS RE- the end; ‘‘(7) other agencies as appropriate. SOURCES.—The goal of the offshore oil and (iii) in paragraph (2), by striking the period ‘‘(b) DUTIES.— natural gas resources program shall be to de- at the end and inserting ‘‘; and’’; and ‘‘(1) IN GENERAL.—The task force shall de- velop technologies to— (iv) by adding at the end the following: velop a plan for carrying out this title. (A) extract methane hydrates in coastal ‘‘(3) the plan developed by the interagency ‘‘(2) FOCUS OF PLAN.—The plan shall focus waters of the United States, and task force under section 202(b) of the Hydro- on development and demonstration of inte- (B) develop natural gas and oil reserves in gen Future Act of 1996.’’. grated systems and components for— the ultra-deepwater of the Central and West- (2) NEW APPOINTMENTS.—Not later than 180 ‘‘(A) hydrogen production, storage, and use ern Gulf of Mexico. days after the date of enactment of this Act, in Federal, State, and local government (3) ONSHORE OIL AND NATURAL GAS RE- the Secretary— buildings and vehicles; SOURCES.—The goal of the onshore oil and (A) shall review the membership composi- ‘‘(B) hydrogen-based infrastructure for natural gas resources program shall be to ad- tion of the Hydrogen Technical Advisory buses and other fleet transportation systems vance the science and technology available Panel; and that include zero-emission vehicles; and to domestic onshore petroleum producers, (B) may appoint new members consistent ‘‘(C) hydrogen-based distributed power gen- particularly independent operators, with the amendments made by subsection eration, including the generation of com- through— (a). bined heat, power, and hydrogen. (A) advances in technology for exploration (h) AUTHORIZATION OF APPROPRIATIONS.— ‘‘SEC. 203. COOPERATIVE AND COST-SHARING and production of domestic petroleum re- Section 109 of the Spark M. Matsunaga Hy- AGREEMENTS. sources, particularly those not accessible drogen Research, Development, and Dem- ‘‘The Secretary shall enter into coopera- with current technology; onstration Act of 1990 (42 U.S.C. 12408) is tive and cost-sharing agreements with Fed- (B) improvement in the ability to extract amended— eral, State, and local agencies for participa- hydrocarbons from known reservoirs and (1) in paragraph (8), by striking ‘‘and’’; tion by the agencies in demonstrations at fa- classes of reservoirs; and (2) in paragraph (9), by striking the period cilities administered by the agencies, with (C) development of technologies and prac- and inserting a semicolon; and the aim of integrating high efficiency hydro- tices that reduce the threat to the environ- (3) by adding at the end the following: gen systems using fuel cells into the facili- ment from petroleum exploration and pro- ‘‘(10) $65,000,000 for fiscal year 2003; ties to provide immediate benefits and pro- duction and decrease the cost of effective en- ‘‘(11) $70,000,000 for fiscal year 2004; mote a smooth transition to hydrogen as an vironmental compliance. ‘‘(12) $75,000,000 for fiscal year 2005; and energy source. (4) TRANSPORTATION FUELS.—The goals of ‘‘(13) $80,000,000 for fiscal year 2006.’’. ‘‘SEC. 204. INTEGRATION AND DISSEMINATION OF the transportation fuels program shall be to (i) FUEL CELLS.— TECHNICAL INFORMATION. increase the price elasticity of oil supply and (1) INTEGRATION OF FUEL CELLS WITH HYDRO- ‘‘The Secretary shall— demand by focusing research on— GEN PRODUCTION SYSTEMS.—Section 201 of the ‘‘(1) integrate all the technical information (A) reducing the cost of producing trans- Hydrogen Future Act of 1996 is amended— that becomes available as a result of devel- portation fuels from coal and natural gas; (A) in subsection (a)— opment and demonstration projects under and (i) by striking ‘‘(a) Not later than 180 days this title; (B) indirect liquefaction of coal and bio- after the date of enactment of this section, ‘‘(2) make the information available to all mass. and subject’’ and inserting ‘‘(a) IN GEN- Federal and State agencies for dissemination (c) AUTHORIZATION OF APPROPRIATIONS.— ERAL.—Subject’’; and to all interested persons; and (1) IN GENERAL.—There are authorized to be (B) by striking ‘‘with’’— and all that fol- ‘‘(3) foster the exchange of generic, non- appropriated to the Secretary for carrying lows and inserting ‘‘into Federal, State, and proprietary information and technology de- out research, development, demonstration, local government facilities for stationary veloped under this title among industry, aca- and technology deployment activities under and transportation applications.’’; demia, and Federal, State, and local govern- this section— (2) in subsection (b), by striking ‘‘gas is’’ ments, to help the United States economy (1) $485,000,000 for fiscal year 2003; and inserting ‘‘basis’’; attain the economic benefits of the informa- (2) $508,000,000 for fiscal year 2004; (3) in subsection (c)(2), by striking ‘‘sys- tion and technology. (3) $532,000,000 for fiscal year 2005; and tems described in subsections (a)(1) and SEC. 205. AUTHORIZATION OF APPROPRIATIONS. (4) $558,000,000 for fiscal year 2006. (a)(2)’’ and inserting ‘‘projects proposed’’; ‘‘There are authorized to be appropriated, (2) LIMITS ON USE OF FUNDS.— and for activities under this title— (A) None of the funds authorized in para- (4) by striking subsection (d) and inserting ‘‘(1) $25,000,000 for fiscal year 2003; graph (1) may be used for— the following: ‘‘(2) $30,000,000 for fiscal year 2004; (i) Fossil energy environmental restora- ‘‘(d) NON-FEDERAL SHARE.— ‘‘(3) $35,000,000 for fiscal year 2005; and tion;

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(ii) Import/export authorization; (A) in the case of an existing unit, achieve (2) AWARD.—The term ‘‘award’’ means a co- (iii) Program direction; or an overall thermal design efficiency im- operative agreement, contract, award or (iv) General plant projects. provement compared to the efficiency of the other types of agreement as appropriate. (B) COAL-BASED PROJECTS.—The coal-based unit as operated, of not less than— (3) DEEPWATER.—The term ‘‘deepwater’’ projects funded under this section shall be (i) 7 percent for coal of more than 9,000 means a water depth that is greater than 200 consistent with the goals in subsection (b). Btu; but less than 1,500 meters. The program shall emphasize carbon capture (ii) 6 percent for coal of 7,000 to 9,000 Btu; (4) ELIGIBLE AWARD RECIPIENT.—The term and sequestration technologies and gasifi- or ‘‘eligible award recipient’’ includes— cation technologies, including gasification (iii) 4 percent for coal of less than 7,000 (A) a research institution; combined cycle, gasification fuel cells, gas- Btu; or (B) an institution of higher education; ification co-production, hybrid gasification/ (B) in the case of a new unit, achieve the (C) a corporation; and combustion, or other technology with the efficiency milestones set for in subsection (b) (D) a managing consortium formed among potential to address the goals in subpara- compared to the efficiency of a typical unit entities described in subparagraphs (A) graphs (D) or (E) of subsection (b)(1). as operated on the date of enactment of this through (C). SEC. 1232. POWER PLANT IMPROVEMENT INITIA- subtitle, before any retrofit, repowering, re- (5) INSTITUTION OF HIGHER EDUCATION.—The TIVE. placement, or installation. term ‘‘institution of higher education’’ has the meaning given the term in section 101 of (a) PROGRAM DIRECTION.—The Secretary (d) STUDY.—The Secretary, in consultation shall conduct a balanced energy research, de- with the Administrator of the Environ- the Higher Education Act of 1965 (20 U.S.C. velopment, demonstration, and technology mental Protection Agency, the Secretary of 1001). (6) MANAGING CONSORTIUM.—The term deployment program to demonstrate com- the Interior, and interested entities (includ- ‘‘managing consortium’’ means an entity mercial applications of advanced lignite and ing coal producers, industries using coal, or- that— coal-based technologies applicable to new or ganizations to promote coal or advanced coal (A) exists as of the date of enactment of existing power plants (including co-produc- technologies, environmental organizations, this section; tion plants) that advance the efficiency, en- and organizations representing workers), (B)(i) is an organization described in sec- vironmental performance, and cost-competi- shall conduct an assessment that identifies tion 501(c)(3) of the Internal Revenue Code of tiveness substantially beyond technologies performance criteria that would be necessary 1986; and that are in operation or have been dem- for coal-based technologies to meet, to en- (ii) is exempt from taxation under section onstrated by the date of enactment of this able future reliance on coal in an environ- mentally sustainable manner for electricity 501(a) of that Code; subtitle. (C) is experienced in planning and man- (b) TECHNICAL MILESTONES.— generation, use as a chemical feedstock, and use as a transportation fuel. aging programs in natural gas or other pe- (1) IN GENERAL.—The Secretary shall set troleum exploration and production re- (e) AUTHORIZATION OF APPROPRIATIONS.— technical milestones specifying efficiency search, development, and demonstration; and (1) IN GENERAL.—There are authorized to be and emissions levels that projects shall be (D) has demonstrated capabilities and ex- appropriated to the Secretary for carrying designed to achieve. The milestones shall be- perience in representing the views and prior- out activities under this section $200,000,000 come more restrictive over the life of the ities of industry, institutions of higher edu- for each of fiscal years 2003 through 2011. program. cation and other research institutions in for- (2) LIMITATION ON FUNDING OF PROJECTS.— (2) 2010 EFFICIENCY MILESTONES.—The mile- mulating comprehensive research and devel- Eighty percent of the funding under this sec- stones shall be designed to achieve by 2010 opment plans and programs. tion shall be limited to— interim thermal efficiency of— (7) PROGRAM.—The term ‘‘program’’ means (A) 45 percent for coal of more than 9,000 (A) carbon capture and sequestration tech- the program of research, development, and Btu; nologies; or demonstration established under subsection (B) 44 percent for coal of 7,000 to 9,000 Btu; (B) gasification technologies, including (b)(1)(A). gasification combined cycle, gasification and (8) ULTRA-DEEPWATER.—The term ‘‘ultra- (C) 42 percent for coal of less than 7,000 fuel cells, gasification co-production, or hy- deepwater’’ means a water depth that is Btu. brid gasification/combustion, or equal to or greater than 1,500 meters. (3) 2020 EFFICIENCY MILESTONES.—The mile- (C) or other technology either by itself or (9) ULTRA-DEEPWATER ARCHITECTURE.—The stones shall be designed to achieve by 2020 in conjunction with other technologies has term ‘‘ultra-deepwater architecture’’ means thermal efficiency of— the potential to achieve near zero emissions. the integration of technologies to explore (A) 60 percent for coal of more than 9,000 SEC. 1233. RESEARCH AND DEVELOPMENT FOR and produce natural gas or petroleum prod- Btu; ADVANCED SAFE AND EFFICIENT ucts located at ultra-deepwater depths. COAL MINING TECHNOLOGIES. (B) 59 percent for coal of 7,000 to 9,000 Btu; (10) ULTRA-DEEPWATER RESOURCE.—The and (a) ESTABLISHMENT.—The Secretary of En- term ‘‘ultra-deepwater resource’’ means nat- (C) 57 percent for coal of less than 7,000 ergy shall establish a cooperative research ural gas or any other petroleum resource (in- Btu. partnership involving appropriate Federal cluding methane hydrate) located in an (4) EMISSIONS MILESTONES.—The milestones agencies, coal producers, including associa- ultra-deepwater area. shall include near zero emissions of mercury tions, equipment manufacturers, universities (11) UNCONVENTIONAL RESOURCE.—The term and greenhouse gases and of emissions that with mining engineering departments, and ‘‘unconventional resource’’ means natural form fine particles, smog, and acid rain. other relevant entities to— gas or any other petroleum resource located (4) REGIONAL AND QUALITY DIFFERENCES.— (1) develop mining research priorities iden- in a formation on physically or economically The Secretary may consider regional and tified by the Mining Industry of the Future inaccessible land currently available for quality differences in developing the effi- Program and in the recommendations from lease for purposes of natural gas or other pe- ciency milestones. relevant reports of the National Academy of troleum exploration or production. (c) PROJECT CRITERIA.—The demonstration Sciences on mining technologies; (b) ULTRA-DEEPWATER AND UNCONVEN- activities proposed to be conducted at a new (2) establish a process for conducting joint TIONAL EXPLORATION AND PRODUCTION PRO- or existing coal-based electric generation industry-government research and develop- GRAM.— unit having a nameplate rating of not less ment; and (1) ESTABLISHMENT.— than 100 megawatts, excluding a co-produc- (3) expand mining research capabilities at (A) IN GENERAL.—The Secretary shall es- tion plant, shall include at least one of the institutions of higher education. tablish a program of research into, and de- following— (b) AUTHORIZATION OF APPROPRIATIONS.— velopment and demonstration of, ultra-deep- (1) a means of recycling or reusing a sig- (1) IN GENERAL.—There are authorized to be water resource and unconventional resource nificant portion of coal combustion wastes appropriated to carry out activities under exploration and production technologies. produced by coal-based generating units, ex- this section, $12,000,000 in fiscal year 2003 and (B) LOCATION; IMPLEMENTATION.—The pro- cluding practices that are commercially $15,000,000 in fiscal year 2004. gram under this subsection shall be carried available by the date of enactment of this (2) LIMIT ON USE OF FUNDS.—Not less than out— subtitle; 20 percent of any funds appropriated in a (i) in areas on the outer Continental Shelf (2) a means of capture and sequestering given fiscal year under this subsection shall that, as of the date of enactment of this sec- emissions, including greenhouse gases, in a be dedicated to research carried out at insti- tion, are available for leasing; and manner that is more effective and substan- tutions of higher education. (ii) on unconventional resources. tially below the cost of technologies that are SEC. 1234. ULTRA-DEEPWATER AND UNCONVEN- (2) COMPONENTS.—The program shall in- in operation or that have been demonstrated TIONAL RESOURCE EXPLORATION clude one or more programs for long-term re- by the date of enactment of this subtitle; AND PRODUCTION TECHNOLOGIES. search into— (3) a means of controlling sulfur dioxide (a) DEFINITIONS.—In this section: (A) new deepwater ultra-deepwater re- and nitrogen oxide or mercury in a manner (1) ADVISORY COMMITTEE.—The term ‘‘Advi- source and unconventional resource explo- that improves environmental performance sory Committee’’ means the Ultra-Deep- ration and production technologies; or beyond technologies that are in operation or water and Unconventional Resource Tech- (B) environmental mitigation technologies that have been demonstrated by the date of nology Advisory Committee established for production of ultra-deepwater resource enactment of this subtitle, and under subsection (c). and unconventional resource.

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(c) ADVISORY COMMITTEE.— (i) technology in existence as of that date; ment, demonstration, and technology de- (1) ESTABLISHMENT.—Not later than 30 days and ployment program to enhance nuclear en- after the date of enactment of this section, (ii) future inventions conceived and devel- ergy. the Secretary shall establish an advisory oped using funds provided under the award. (b) PROGRAM GOALS.—The program shall— committee to be known as the ‘‘Ultra-Deep- (B) COMPONENTS OF APPLICATION.—An appli- (1) support research related to existing water and Unconventional Resource Tech- cation for an award for a demonstration United States nuclear power reactors to ex- nology Advisory Committee’’. project shall describe with specificity any in- tend their lifetimes and increase their reli- (2) MEMBERSHIP.— tended commercial applications of the tech- ability while optimizing their current oper- (A) COMPOSITION.—Subject to subparagraph nology to be demonstrated. ations for greater efficiencies; (B), the advisory committee shall be com- (C) COST SHARING.—Non-federal cost shar- (2) examine advanced proliferation-resist- posed of 7 members appointed by the Sec- ing shall be in accordance with section 1403. ant and passively safe reactor designs, new retary that— (e) PLAN AND FUNDING.— reactor designs with higher efficiency, lower (i) have extensive operational knowledge of (1) IN GENERAL.—The Secretary, and where cost, and improved safety, proliferation-re- and experience in the natural gas and other appropriate, a managing consortium under sistant and high burn-up nuclear fuels, mini- petroleum exploration and production indus- subsection (d)(1)(A)(ii), shall formulate an- mization of generation of radioactive mate- try; and nual operating and performance objectives, rials, improved nuclear waste management (ii) are not Federal employees or employ- develop multi-year technology roadmaps, technologies, and improved instrumentation ees of contractors to a federal agency. and establish research and development pri- science; (B) EXPERTISE.—Of the members of the ad- orities for the funding of activities under (3) attract new students and faculty to the visory committee appointed under subpara- this section which will serve as guidelines nuclear sciences and nuclear engineering and graph (A)— for making awards including cost-matching related fields (including health physics and (i) at least 4 members shall have extensive objectives. nuclear and radiochemistry) through— knowledge of ultra-deepwater resource ex- (2) INDUSTRY INPUT.—In carrying out this (A) university-based fundamental research ploration and production technologies; program, the Secretary shall promote max- for existing faculty and new junior faculty; (ii) at least 3 members shall have extensive imum industry input through the use of (B) support for the re-licensing of existing knowledge of unconventional resource explo- managing consortia or other organizations training reactors at universities in conjunc- ration and production technologies. in planning and executing the research areas tion with industry; and (3) DUTIES.—The advisory committee shall and conducting workshops or reviews to en- (C) completing the conversion of existing advise the Secretary in the implementation sure that this program focuses on industry of this section. training reactors with proliferation resistant problems and needs. fuels that are low enriched and to adapt (4) COMPENSATION.—A member of the advi- (f) AUDITING.— sory committee shall serve without com- those reactors to new investigative uses; (1) IN GENERAL.—The Secretary shall retain (4) maintain a national capability and in- pensation but shall receive travel expenses, an independent, commercial auditor to de- including per diem in lieu of subsistence, in frastructure to produce medical isotopes and termine the extent to which funds author- ensure a well trained cadre of nuclear medi- accordance with applicable provisions under ized by this section, provided through a man- subchapter I of chapter 57 of title 5, United cine specialists in partnership with industry; aging consortium, are expended in a manner (5) ensure that our nation has adequate ca- States Code. consistent with the purposes of this section. (d) AWARDS.— pability to power future satellite and space (2) REPORTS.—The auditor retained under missions; and (1) TYPES OF AWARDS.— paragraph (1) shall submit to the Secretary, (A) ULTRA-DEEPWATER RESOURCES.— (6) maintain, where appropriate through a and the Secretary shall transmit to the ap- prioritization process, a balanced research (i) IN GENERAL.—The Secretary shall make propriate congressional committees, an an- awards for research into, and development infrastructure so that future research pro- nual report that describes— grams can use these facilities. and demonstration of, ultra-deepwater re- (A) the findings of the auditor under para- source exploration and production tech- graph (1); and (c) AUTHORIZATION OF APPROPRIATIONS.— nologies— (B) a plan under which the Secretary may (1) CORE NUCLEAR RESEARCH PROGRAMS.— (I) to maximize the value of the ultra-deep- remedy any deficiencies identified by the There are authorized to be appropriated to water resources of the United States; auditor. the Secretary for carrying out research, de- (II) to increase the supply of ultra-deep- (g) AUTHORIZATION OF APPROPRIATIONS.— velopment, demonstration, and technology water resources by lowering the cost and im- There are authorized to be appropriated to deployment activities under subsection (b)(1) proving the efficiency of exploration and the Secretary such sums as may be nec- through (3)— production of such resources; and essary to carry out this section. (A) $100,000,000 for fiscal year 2003; (III) to improve safety and minimize nega- (h) TERMINATION OF AUTHORITY.—The au- (B) $110,000,000 for fiscal year 2004; tive environmental impacts of that explo- thority provided by this section shall termi- (C) $120,000,000 for fiscal year 2005; and ration and production. nate on September 30, 2009. (D) $130,000,000 for fiscal year 2006. (ii) ULTRA-DEEPWATER ARCHITECTURE.—In (i) SAVINGS PROVISION.—Nothing in this (2) SUPPORTING NUCLEAR ACTIVITIES.—There furtherance of the purposes described in section is intended to displace, duplicate or are authorized to be appropriated to the Sec- clause (i), the Secretary shall, where appro- diminish any previously authorized research retary for carrying out activities under sub- priate, solicit proposals from a managing activities of the Department of Energy. section (b)(4) through (6), as well as nuclear consortium to develop and demonstrate SEC. 1235. RESEARCH AND DEVELOPMENT FOR facilities management and program direc- next-generation architecture for ultra-deep- NEW NATURAL GAS TRANSPOR- tion— water resource production. TATION TECHNOLOGIES. (A) $200,000,000 for fiscal year 2003; (B) UNCONVENTIONAL RESOURCES.—The Sec- The Secretary of Energy shall conduct a (B) $202,000,000 for fiscal year 2004; retary shall make awards— comprehensive five-year program for re- (C) $207,000,000 for fiscal year 2005; and (i) to carry out research into, and develop- search, development and demonstration to (D) $212,000,000 for fiscal year 2006. ment and demonstration of, technologies to improve the reliability, efficiency, safety maximize the value of unconventional re- and integrity of the natural gas transpor- SEC. 1242. UNIVERSITY NUCLEAR SCIENCE AND ENGINEERING SUPPORT. sources; and tation and distribution infrastructure and (ii) to develop technologies to simulta- for distributed energy resources (including (a) ESTABLISHMENT.—The Secretary shall neously— microturbines, fuel cells, advanced engine- support a program to maintain the nation’s (I) increase the supply of unconventional generators, gas turbines, reciprocating en- human resource investment and infrastruc- resources by lowering the cost and improv- gines, hybrid power generation systems, and ture in the nuclear sciences and engineering ing the efficiency of exploration and produc- all ancillary equipment for dispatch, control and related fields (including health physics tion of unconventional resources; and and maintenance). and nuclear and radiochemistry), consistent (II) improve safety and minimize negative SEC. 1236. AUTHORIZATION OF APPROPRIATIONS with departmental missions related to civil- environmental impacts of that exploration FOR OFFICE OF ARCTIC ENERGY. ian nuclear research and development. and production. There are authorized to be appropriated to (b) DUTIES.—In carrying out the program (2) CONDITIONS.—An award made under this the Secretary for the Office of Arctic Energy under this section, the Secretary shall— subsection shall be subject to the following under section 3197 of the Floyd D. Spence Na- (1) develop a graduate and undergraduate conditions: tional Defense Authorization Act for Fiscal fellowship program to attract new and tal- (A) MULTIPLE ENTITIES.—If an award recipi- Year 2001 (Public Law 106–398) such sums as ented students; ent is composed of more than one eligible or- may be necessary, but not to exceed (2) assist universities in recruiting and re- ganization, the recipient shall provide a $25,000,000 for each of fiscal years 2003 taining new faculty in the nuclear sciences signed contract, agreed to by all eligible or- through 2011. and engineering through a Junior Faculty ganizations comprising the award recipient, Subtitle D—Nuclear Energy Research Initiation Grant Program; that defines, in a manner that is consistent SEC. 1241. ENHANCED NUCLEAR ENERGY RE- (3) support fundamental nuclear sciences with all applicable law in effect as of the SEARCH AND DEVELOPMENT. and engineering research through the Nu- date of the contract, all rights to intellec- (a) PROGRAM DIRECTION.—The Secretary clear Engineering Education Research Pro- tual property for— shall conduct an energy research, develop- gram;

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(4) encourage collaborative nuclear re- (b) GENERATION IV REACTOR STUDY.—The (4) coordinate research and development search between industry, national labora- Secretary shall, as part of the program under activities with industry and other federal tories and universities through the Nuclear subsection (a), also conduct a study of Gen- agencies. Energy Research Initiative; and eration IV nuclear energy systems, including (c) NANOSCIENCE AND NANOENGINEERING RE- (5) support communication and outreach development of a technology roadmap and SEARCH CENTERS AND MAJOR INSTRUMENTA- related to nuclear science and engineering. performance of research and development TION.— (c) MAINTAINING UNIVERSITY RESEARCH AND necessary to make an informed technical de- (1) AUTHORIZATION.—From amounts au- TRAINING REACTORS AND ASSOCIATED INFRA- cision regarding the most promising can- thorized to be appropriated under section STRUCTURE.—Activities under this section didates for commercial deployment. The 1251(b), the amounts specified under sub- may include: study shall examine advanced proliferation- section (d)(2) shall, subject to appropria- (1) converting research reactors to low-en- resistant and passively safe reactor designs, tions, be available for projects to develop, richment fuels, upgrading operational in- new reactor designs with higher efficiency, plan, construct, acquire, or operate special strumentation, and sharing of reactors lower cost and improved safety, prolifera- equipment, instrumentation, or facilities for among universities; tion-resistant and high burn-up fuels, mini- investigators conducting research and devel- (2) providing technical assistance, in col- mization of generation of radioactive mate- opment in nanoscience and nanoengineering. laboration with the U.S. nuclear industry, in rials, improved nuclear waste management (2) PROJECTS.—Projects under paragraph re-licensing and upgrading training reactors technologies, and improved instrumentation (1) may include the measurement of prop- as part of a student training program; science. Not later than December 31, 2002, erties at the scale of 1 to 100 nanometers, (3) providing funding for reactor improve- the Secretary shall submit to Congress a re- manipulation at such scales, and the integra- ments as part of a focused effort that empha- port describing the results of the study. tion of technologies based on nanoscience or sizes research, training, and education. (c) AUTHORIZATION OF APPROPRIATIONS.— nanoengineering into bulk materials or (d) UNIVERSITY-NATIONAL LABORATORY From amounts authorized to be appropriated other technologies. INTERACTIONS.—The Secretary shall de- under section 1241(c), there are authorized to (3) FACILITIES.—Facilities under paragraph velop— be appropriated to the Secretary for activi- (1) may include electron microcharacteriza- (1) a sabbatical fellowship program for uni- ties under this section such sums as are nec- tion facilities, microlithography facilities, versity professors to spend extended periods essary for each fiscal year. scanning probe facilities and related instru- of time at National Laboratories in the areas Subtitle E—Fundamental Energy Science mentation science. of nuclear science and technology; and (4) COLLABORATION.—The Secretary shall (2) a visiting scientist program in which SEC. 1251. ENHANCED PROGRAMS IN FUNDA- MENTAL ENERGY SCIENCE. encourage collaborations among univer- National Laboratory staff can spend time in (a) PROGRAM DIRECTION.—The Secretary, sities, laboratories and industry at facilities academic nuclear science and engineering acting through the Office of Science, shall— under this subsection. At least one facility departments. The Secretary may provide for (1) conduct a comprehensive program of under this subsection shall have a specific fellowships for students to spend time at Na- fundamental research, including research on mission of technology transfer to other insti- tional Laboratories in the area of nuclear chemical sciences, physics, materials tutions and to industry. science with a member of the Laboratory sciences, biological and environmental (d) AUTHORIZATION OF APPROPRIATIONS.— staff acting as a mentor. sciences, geosciences, engineering sciences, (1) TOTAL AUTHORIZATION.—From amounts (e) OPERATING AND MAINTENANCE COSTS.— authorized to be appropriated under section Funding for a research project provided plasma sciences, mathematics, and advanced scientific computing; 1251(b), the following amounts are authorized under this section may be used to offset a for activities under this section— portion of the operating and maintenance (2) maintain, upgrade and expand the sci- entific user facilities maintained by the Of- (A) $270,000,000 for fiscal year 2003; costs of a university research reactor used in (B) $290,000,000 for fiscal year 2004; the research project, on a cost-shared basis fice of Science and ensure that they are an integral part of the departmental mission for (C) $310,000,000 for fiscal year 2005; and with the university. (D) $330,000,000 for fiscal year 2006. (f) AUTHORIZATION OF APPROPRIATIONS.— exploring the frontiers of fundamental (2) NANOSCIENCE AND NANOENGINEERING RE- From amounts authorized under section science; SEARCH CENTERS AND MAJOR INSTRUMENTA- 1241(c)(1), the following amounts are author- (3) maintain a leading-edge research capa- TION.—Of the amounts under paragraph (1), ized for activities under this section— bility in the energy-related aspects of nano- the following amounts are authorized to (1) $33,000,000 for fiscal year 2003; science and nanotechnology, advanced sci- carry out subsection (c)— (2) $37,900,000 for fiscal year 2004; entific computing and genome research; and (A) $135,000,000 for fiscal year 2003; (3) $43,600,000 for fiscal year 2005; and (4) ensure that its fundamental science (B) $150,000,000 for fiscal year 2004; (4) $50,100,000 for fiscal year 2006. programs, where appropriate, help inform the applied research and development pro- (C) $120,000,000 for fiscal year 2005; and SEC. 1243. NUCLEAR ENERGY RESEARCH INITIA- (D) $100,000,000 for fiscal year 2006. TIVE. grams of the Department. (a) ESTABLISHMENT.—The Secretary shall (b) AUTHORIZATION OF APPROPRIATIONS.— SEC. 1253. ADVANCED SCIENTIFIC COMPUTING support a Nuclear Energy Research Initia- There are authorized to be appropriated to FOR ENERGY MISSIONS. tive for grants for research relating to nu- the Secretary for carrying out research, de- (a) ESTABLISHMENT.—The Secretary, acting clear energy. velopment, demonstration, and technology through the Office of Science, shall support a (b) AUTHORIZATION OF APPROPRIATIONS.— deployment activities under this subtitle— program to advance the Nation’s computing From amounts authorized under section (1) $3,785,000,000 for fiscal year 2003; capability across a diverse set of grand chal- 1241(c), there are authorized to be appro- (2) $4,153,000,000 for fiscal year 2004; lenge computationally based science prob- priated to the Secretary for activities under (3) $4,586,000,000 for fiscal year 2005; and lems related to departmental missions. this section such sums as are necessary for (4) $5,000,000,000 for fiscal year 2006. (b) DUTIES OF THE OFFICE OF SCIENCE.—In each fiscal year. SEC. 1252. NANOSCALE SCIENCE AND ENGINEER- carrying out the program under this section, SEC. 1244. NUCLEAR ENERGY PLANT OPTIMIZA- ING RESEARCH. the Office of Science shall— TION PROGRAM. (a) ESTABLISHMENT.—The Secretary, acting (1) advance basic science through computa- (a) ESTABLISHMENT.—The Secretary shall through the Office of Science, shall support a tion by developing software to solve grand support a Nuclear Energy Plant Optimiza- program of research and development in challenge science problems on new genera- tion Program for grants to improve nuclear nanoscience and nanoengineering consistent tions of computing platforms, energy plant reliability, availability, and with the Department’s statutory authorities (2) enhance the foundations for scientific productivity. Notwithstanding section 1403, related to research and development. The computing by developing the basic mathe- the program shall require industry cost-shar- program shall include efforts to further the matical and computing systems software ing of at least 50 percent and be subject to understanding of the chemistry, physics, ma- needed to take full advantage of the com- annual review by the Nuclear Energy Re- terials science and engineering of phe- puting capabilities of computers with peak search Advisory Committee of the Depart- nomena on the scale of 1 to 100 nanometers. speeds of 100 teraflops or more, some of ment. (b) DUTIES OF THE OFFICE OF SCIENCE.—In which may be unique to the scientific prob- (b) AUTHORIZATION OF APPROPRIATIONS.— carrying out the program under this section, lem of interest, From amounts authorized under section the Office of Science shall— (3) enhance national collaboratory and net- 1241(c), there are authorized to be appro- (1) support both individual investigators working capabilities by developing software priated to the Secretary for activities under and multidisciplinary teams of investiga- to integrate geographically separated re- this section such sums as are necessary for tors; searchers into effective research teams and each fiscal year. (2) pursuant to subsection (c), develop, to facilitate access to and movement and SEC. 1245. NUCLEAR ENERGY TECHNOLOGY DE- plan, construct, acquire, or operate special analysis of large (petabyte) data sets, and VELOPMENT PROGRAM. equipment or facilities for the use of inves- (4) maintain a robust scientific computing (a) ESTABLISHMENT.—The Secretary shall tigators conducting research and develop- hardware infrastructure to ensure that the support a Nuclear Energy Technology Devel- ment in nanoscience and nanoengineering; computing resources needed to address DOE opment Program to develop a technology (3) support technology transfer activities missions are available; explore new com- roadmap to design and develop new nuclear to benefit industry and other users of nano- puting approaches and technologies that energy powerplants in the United States. science and nanoengineering; and promise to advance scientific computing.

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(c) HIGH-PERFORMANCE COMPUTING ACT (2) REQUIREMENTS OF PLAN.—The plan de- and localize events affecting the energy in- PROGRAM.—Section 203(a) of the High-Per- scribed in paragraph (1) shall— frastructure including real time control to formance Computing Act of 1991 (15 U.S.C. (A) address key burning plasma physics permit the reconfiguration of energy deliv- 5523(a)) is amended— issues; and ery systems. (1) in paragraph (3), by striking ‘‘and’’; (B) include specific information on the sci- (c) REGIONAL COORDINATION.—The program (2) in paragraph (4), by striking the period entific capabilities of the proposed experi- under this section shall cooperate with De- and inserting ‘‘; and’’; and ment, the relevance of these capabilities to partmental activities to promote regional (3) by adding after paragraph (4) the fol- the goal of practical fusion energy, and the coordination under section 102 of this Act, to lowing: ‘‘(5) conduct an integrated program overall design of the experiment including ensure that the technologies and assess- of research, development, and provision of its estimated cost and potential construction ments developed by the program are trans- facilities to develop and deploy to scientific sites. ferred in a timely manner to State and local and technical users the high-performance (c) PLAN FOR PARTICIPATION IN AN INTER- authorities, and to the energy industries. (d) COORDINATION WITH INDUSTRY RESEARCH computing and collaboration tools needed to NATIONAL EXPERIMENT.—In addition to the fulfill the statutory missions of the Depart- plan described in subsection (b), the Sec- ORGANIZATIONS.—The Secretary may enter ment of Energy in conducting basic and ap- retary, after consultation with the Fusion into grants, contracts, and cooperative agreements with industry research organiza- plied energy research.’’. Energy Sciences Advisory Committee, may tions to facilitate industry participation in (d) COORDINATION WITH THE DOE NATIONAL also develop a plan for United States partici- research under this section and to fulfill ap- NUCLEAR SECURITY AGENCY ACCELERATED pation in an international burning plasma plicable cost-sharing requirements. STRATEGIC COMPUTING INITIATIVE AND OTHER experiment for the same purpose, whose con- (e) AUTHORIZATION OF APPROPRIATIONS.— NATIONAL COMPUTING PROGRAMS.—The Sec- struction is found by the Secretary to be retary shall ensure that this program, to the There is authorized to be appropriated to the highly likely and where United States par- Secretary to carry out this section— extent feasible, is integrated and consistent ticipation is cost-effective relative to the with— (1) $25,000,000 for fiscal year 2003; cost and scientific benefits of a domestic ex- (1) the Accelerated Strategic Computing (2) $26,000,000 for fiscal year 2004; periment described in subsection (b). If the Initiative of the National Nuclear Security (3) $27,000,000 for fiscal year 2005; and Secretary elects to develop a plan under this Agency; and (4) $28,000,000 for fiscal year 2006. subsection, he shall include the information (2) other national efforts related to ad- (f) CRITICAL ENERGY INFRASTRUCTURE FA- described in subsection (b)(2), and an esti- vanced scientific computing for science and CILITY DEFINED.—For purposes of this sec- mate of the cost of United States participa- engineering. tion, the term ‘‘critical energy infrastruc- tion in such an international experiment. (e) AUTHORIZATION OF APPROPRIATIONS.— ture facility’’ means a physical or cyber- From amounts authorized under section The Secretary shall request a review by the based system or service for the generation, 1251(b), the following amounts are authorized National Academy of Sciences of a plan de- transmission or distribution of electrical en- for activities under this section— veloped under this subsection, and shall ergy, or the production, refining, transpor- (1) $285,000,000 for fiscal year 2003; transmit the plan and the review to the Con- tation, or storage of petroleum, natural gas, (2) $300,000,000 for fiscal year 2004; gress no later than July 1, 2004. or petroleum product, the incapacity or de- (3) $310,000,000 for fiscal year 2005; and (d) AUTHORIZATION FOR RESEARCH AND DE- struction of which would have a debilitating (4) $320,000,000 for fiscal year 2006. VELOPMENT.—The Secretary, through the Of- impact on the defense or economic security SEC. 1254. FUSION ENERGY SCIENCES PROGRAM fice of Science, may conduct any research of the United States. The term shall not in- AND PLANNING. and development necessary to fully develop clude a facility that is licensed by the Nu- (a) OVERALL PLAN FOR FUSION ENERGY the plans described in this section. clear Regulatory Commission under section SCIENCES PROGRAM.— (e) AUTHORIZATION OF APPROPRIATIONS.— 103 or 104b of the Atomic Energy Act of 1954 (1) IN GENERAL.—Not later than 6 months From amounts authorized under section (42 U.S.C. 2133 and 2134(b)). after the date of enactment of this subtitle, 1251(b) for fiscal year 2003, $335,000,000 are au- SEC. 1262. PIPELINE INTEGRITY, SAFETY, AND the Secretary, after consultation with the thorized for fiscal year 2003 for activities RELIABILITY RESEARCH AND DE- Fusion Energy Sciences Advisory Com- under this section and for activities of the VELOPMENT. mittee, shall develop and transmit to the Fusion Energy Sciences Program. (a) IN GENERAL.—The Secretary of Trans- Congress a plan to ensure a strong scientific portation, in coordination with the Sec- Subtitle F—Energy, Safety, and retary of Energy, shall develop and imple- base for the Fusion Energy Sciences Pro- Environmental Protection gram within the Office of Science and to en- ment an accelerated cooperative program of able the experiments described in sub- SEC. 1261. CRITICAL ENERGY INFRASTRUCTURE research and development to ensure the in- sections (b) and (c). PROTECTION RESEARCH AND DE- tegrity of natural gas and hazardous liquid VELOPMENT. (2) OBJECTIVES OF PLAN.—The plan under pipelines. This research and development this subsection shall include as its objec- (a) IN GENERAL.—The Secretary shall carry program shall include materials inspection tives— out a research, development, demonstration techniques, risk assessment methodology, (A) to ensure that existing fusion research and technology deployment program, in and information systems surety. facilities and equipment are more fully uti- partnership with industry, on critical energy (b) PURPOSE.—The purpose of the coopera- lized with appropriate measurements and infrastructure protection, consistent with tive research program shall be to promote control tools; the roles and missions outlined for the Sec- research and development to— (B) to ensure a strengthened fusion science retary in Presidential Decision Directive 63, (1) ensure long-term safety, reliability and theory and computational base; entitled ‘‘Critical Infrastructure Protec- service life for existing pipelines; (C) to encourage and ensure that the selec- tion’’. The program shall have the following (2) expand capabilities of internal inspec- tion of and funding for new magnetic and in- goals: tion devices to identify and accurately meas- ertial fusion research facilities is based on (1) Increase the understanding of physical ure defects and anomalies; scientific innovation and cost effectiveness; and information system disruptions to the (3) develop inspection techniques for pipe- (D) to improve the communication of sci- energy infrastructure that could result in lines that cannot accommodate the internal entific results and methods between the fu- cascading or widespread regional outages. inspection devices available on the date of sion science community and the wider sci- (2) Develop energy infrastructure assur- enactment; entific community; ance ‘‘best practices’’ through vulnerability (4) develop innovative techniques to meas- (E) to ensure that adequate support is pro- and risk assessments. ure the structural integrity of pipelines to vided to optimize the design of the magnetic (3) Protect against, mitigate the effect of, prevent pipeline failures; fusion burning plasma experiments referred and improve the ability to recover from dis- (5) develop improved materials and coat- to in subsections (b) and (c); and ruptive incidents within the energy infra- ings for use in pipelines; (F) to ensure that inertial confinement fu- structure. (6) improve the capability, reliability, and sion facilities are utilized to the extent prac- (b) PROGRAM SCOPE.—The program under practicality of external leak detection de- ticable for the purpose of inertial fusion en- subsection (a) shall include research, devel- vices; ergy research and development. opment, deployment, technology demonstra- (7) identify underground environments (b) PLAN FOR UNITED STATES FUSION EX- tion for—— that might lead to shortened service life; PERIMENT.— (1) analysis of energy infrastructure inter- (8) enhance safety in pipeline siting and (1) IN GENERAL.—The Secretary, after con- dependencies to quantify the impacts of sys- land use; sultation with the Fusion Energy Sciences tem vulnerabilities in relation to each other; (9) minimize the environmental impact of Advisory Committee, shall develop a plan for (2) probabilistic risk assessment of the en- pipelines; construction in the United States of a mag- ergy infrastructure to account for unconven- (10) demonstrate technologies that im- netic fusion burning plasma experiment for tional and terrorist threats; prove pipeline safety, reliability, and integ- the purpose of accelerating scientific under- (3) incident tracking and trend analysis rity; standing of fusion plasmas. The Secretary tools to assess the severity of threats and re- (11) provide risk assessment tools for opti- shall request a review of the plan by the Na- ported incidents to the energy infrastruc- mizing risk mitigation strategies; and tional Academy of Sciences and shall trans- ture; and (12) provide highly secure information sys- mit the plan and the review to the Congress (4) integrated multi-sensor, warning and tems for controlling the operation of pipe- by July 1, 2004. mitigation technologies to detect, integrate, lines.

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(c) AREAS.—In carrying out this section, (g) PIPELINE INTEGRITY TECHNICAL ADVI- to understand and address the effects of en- the Secretary of Transportation, in coordi- SORY COMMITTEE.— ergy production and use on the global cli- nation with the Secretary of Energy, shall (1) ESTABLISHMENT.—The Secretary of mate system. consider research and development on nat- Transportation shall enter into appropriate (b) PROGRAM ELEMENTS.— ural gas, crude oil, and petroleum product arrangements with the National Academy of (1) CLIMATE MODELING.—The Secretary pipelines for— Sciences to establish and manage the Pipe- shall— (1) early crack, defect, and damage detec- line Integrity Technical Advisory Com- (A) conduct observational and analytical tion, including real-time damage moni- mittee for the purpose of advising the Sec- research to acquire and interpret the data toring; retary of Transportation and the Secretary needed to describe the radiation balance (2) automated internal pipeline inspection of Energy on the development and imple- from the surface of the Earth to the top of sensor systems; mentation of the research and development the atmosphere; (3) land use guidance and set back manage- program plan under subsection (d). The Advi- (B) determine the factors responsible for ment along pipeline rights-of-way for com- sory Committee shall have an ongoing role the Earth’s radiation balance and incor- munities; in evaluating the progress and results of the porate improved understanding of such fac- (4) internal corrosion control; research, development, and demonstration tors in climate models; (5) corrosion-resistant coatings; carried out under this section. (C) improve the treatment of aerosols and (6) improved cathodic protection; (2) MEMBERSHIP.—The National Academy clouds in climate models; (7) inspection techniques where internal in- of Sciences shall appoint the members of the (D) reduce the uncertainty in decade-to- spection is not feasible, including measure- Pipeline Integrity Technical Advisory Com- century model-based projections of climate ment of structural integrity; mittee after consultation with the Secretary change; and (8) external leak detection, including port- of Transportation and the Secretary of En- (E) increase the availability and utility of able real-time video imaging technology, and ergy. Members appointed to the Advisory climate change simulations to researchers the advancement of computerized control Committee should have the necessary quali- and policy makers interested in assessing center leak detection systems utilizing real- fications to provide technical contributions the relationship between energy and climate time remote field data input; to the purposes of the Advisory Committee. change. (9) longer life, high strength, non-corrosive (h) AUTHORIZATION OF APPROPRIATIONS.— (2) CARBON CYCLE.—The Secretary shall— pipeline materials; (1) There are authorized to be appropriated (A) carry out field research and modeling (10) assessing the remaining strength of ex- to the Secretary of Transportation for car- activities— isting pipes; rying out this section $3,000,000, to be derived (i) to understand and document the net ex- (11) risk and reliability analysis models, to from user fees under section 60301 of title 49, change of carbon dioxide between major ter- be used to identify safety improvements that United States Code, for each of the fiscal restrial ecosystems and the atmosphere; or could be realized in the near term resulting years 2003 through 2006. (ii) to evaluate the potential of proposed from analysis of data obtained from a pipe- (2) Of the amounts available in the Oil methods of carbon sequestration; line performance tracking initiative; Spill Liability Trust Fund established by (B) develop and test carbon cycle models; (12) identification, monitoring, and preven- section 9509 of the Internal Revenue Code of and tion of outside force damage, including sat- 1986 (26 U.S.C. 9509), $3,000,000 shall be trans- (C) acquire data and develop and test mod- ellite surveillance; and ferred to the Secretary of Transportation, as els to simulate and predict the transport, (13) any other areas necessary to ensuring provided in appropriation Acts, to carry out transformation, and fate of energy-related the public safety and protecting the environ- programs for detection, prevention and miti- emissions in the atmosphere. ment. (3) ECOLOGICAL PROCESSES.—The Secretary (d) RESEARCH AND DEVELOPMENT PROGRAM gation of oil spills under this section for shall carry out long-term experiments of the PLAN.—Within 240 days after the date of en- each of the fiscal years 2003 through 2006. actment of this section, the Secretary of (3) There are authorized to be appropriated response of intact terrestrial ecosystems Transportation, in coordination with the to the Secretary of Energy for carrying out to— Secretary of Energy and the Pipeline Integ- this section such sums as may be necessary (A) alterations in climate and atmospheric rity Technical Advisory Committee, shall for each of the fiscal years 2003 through 2006. composition; or prepare and submit to the Congress a five- SEC. 1263. RESEARCH AND DEMONSTRATION FOR (B) land-use changes that affect ecosystem year program plan to guide activities under REMEDIATION OF GROUNDWATER extent and function. this section. In preparing the program plan, FROM ENERGY ACTIVITIES. (4) INTEGRATED ASSESSMENT.—The Sec- the Secretary shall consult with appropriate (a) IN GENERAL.—The Secretary shall carry retary shall develop and improve methods representatives of the natural gas, crude oil, out a research, development, demonstration, and tools for integrated analyses of the cli- and petroleum product pipeline industries to and technology deployment program to im- mate change system from emissions of select and prioritize appropriate project pro- prove methods for environmental restoration aerosols and greenhouse gases to the con- posals. The Secretary may also seek the ad- of groundwater contaminated by energy ac- sequences of these emissions on climate and vice of utilities, manufacturers, institutions tivities, including oil and gas production, the resulting effects of human-induced cli- of higher learning, Federal agencies, the surface and underground mining of coal, and mate change on economic and social sys- pipeline research institutions, national lab- in-situ extraction of energy resources. tems, with emphasis on critical gaps in inte- oratories, State pipeline safety officials, en- (b) AUTHORIZATION OF APPROPRIATIONS.— grated assessment modeling, including mod- vironmental organizations, pipeline safety There are authorized to be appropriated to eling of technology innovation and diffusion advocates, and professional and technical so- the Secretary to carry out this section and the development of metrics of economic cieties. $10,000,000 for each of fiscal years 2003 costs of climate change and policies for miti- (e) IMPLEMENTATION.—The Secretary of through 2006. gating or adapting to climate change. Transportation shall have primary responsi- TITLE XIII—CLIMATE CHANGE-RELATED (c) AUTHORIZATION OF APPROPRIATIONS.— bility for ensuring the five-year plan pro- RESEARCH AND DEVELOPMENT From amounts authorized under section vided for in subsection (d) is implemented as Subtitle A—Department of Energy Programs 1440(c), there are authorized to be appro- intended by this section. In carrying out the priated to the Secretary for carrying out ac- research, development, and demonstration SEC. 1301. PROGRAM GOALS. tivities under this section— activities under this section, the Secretary The goals of the research, development, (1) $150,000,000 for fiscal year 2003; of Transportation and the Secretary of En- demonstration, and technology deployment (2) $175,000,000 for fiscal year 2004; ergy may use, to the extent authorized under programs under this subtitle shall be to— (3) $200,000,000 for fiscal year 2005; and applicable provisions of law, contracts, coop- (1) provide a sound scientific under- (4) $230,000,000 for fiscal year 2006.– erative agreements, cooperative research standing of the human and natural forces (d) LIMITATION ON FUNDS.—Funds author- and development agreements under the Ste- that influence the Earth’s climate system, ized to be appropriated under this section venson-Wydler Technology Innovation Act of particularly those forces related to energy shall not be used for the development, dem- 1980 (15 U.S.C. 3701 et seq.), grants, joint ven- production and use; onstration, or deployment of technology to tures, other transactions, and any other (2) help mitigate climate change from reduce, avoid, or sequester greenhouse gas form of agreement available to the Secretary human activities related to energy produc- emissions. consistent with the recommendations of the tion and use; and SEC. 1303. AMENDMENTS TO THE FEDERAL NON- Advisory Committee. (3) reduce, avoid, or sequester emissions of NUCLEAR RESEARCH AND DEVELOP- (f) REPORTS TO CONGRESS.—The Secretary greenhouse gases in furtherance of the goals MENT ACT OF 1974. of Transportation shall report to the Con- of the United National Framework Conven- Section 6 of the Federal Nonnuclear En- gress annually as to the status and results to tion on Climate Change, done at New York ergy Research and Development Act of 1974 date of the implementation of the research on May 9, 1992, in a manner that does not re- (42 U.S.C. 5905) is amended— and development program plan. The report sult in serious harm to the U.S. economy. (1) in subsection (a)— shall include the activities of the Depart- SEC. 1302. DEPARTMENT OF ENERGY GLOBAL (A) in paragraph (2), by striking ‘‘and’’ at ments of Transportation and Energy, the CHANGE SCIENCE RESEARCH. the end; natural laboratories, universities, and any (a) PROGRAM DIRECTION.—The Secretary, (B) in paragraph (3) by striking the period other research organizations, including in- acting through the Office of Science, shall at the end and inserting ‘‘, and’’; and dustry research organizations. conduct a comprehensive research program (C) by adding at the end the following:

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1308 CONGRESSIONAL RECORD — SENATE February 27, 2002 ‘‘(4) solutions to the effective management (A) promote understanding of— (F) other Federal agencies; of greenhouse gas emissions in the long term (i) how agricultural and forestry practices (G) representatives of agricultural busi- by the development of technologies and prac- affect the sequestration of organic and inor- nesses and organizations with demonstrated tices designed to— ganic carbon in soil and net emissions of expertise in these areas; and ‘‘(A) reduce or avoid anthropogenic emis- other greenhouse gases; (H) representatives of the private sector sions of greenhouse gases; (ii) how changes in soil carbon pools are with demonstrated expertise in these areas. ‘‘(B) remove and sequester greenhouse cost-effectively measured, monitored, and (4) RESERVATION OF FUNDING.—If the Sec- gases from emissions streams; and verified; and retary of Agriculture designates 1 or 2 con- ‘‘(C) remove and sequester greenhouse (iii) how public programs and private mar- sortia, the Secretary of Agriculture shall re- gases from the atmosphere.’’; and ket approaches can be devised to incorporate serve for research projects carried out by the (2) in subsection (b)— carbon sequestration in a broader societal consortium or consortia not more than 25 (A) in paragraph (2), by striking ‘‘sub- greenhouse gas emission reduction effort; percent of the amounts made available to section (a)(1) through (3)’’ and inserting (B) develop methods for establishing base- carry out this section for a fiscal year. ‘‘paragraphs (1) through (4) of subsection lines for measuring the quantities of carbon (d) STANDARDS OF PRECISION.— (a)’’; and and other greenhouse gases sequestered; and (1) CONFERENCE.—Not later than 3 years (B) in paragraph (3)— (C) evaluate leakage and performance after the date of enactment of this subtitle, (i) in subparagraph (R), by striking ‘‘and’’ issues. the Secretary of Agriculture, acting through at the end; (2) REQUIREMENTS.—To the maximum ex- the Agricultural Research Service and in (ii) in subparagraph (S), by striking the pe- tent practicable, applied research under consultation with the Natural Resources riod at the end and inserting ‘‘; and’’; and paragraph (1) shall— Conservation Service, shall convene a con- (iii) by adding at the end the following: (A) draw on existing technologies and ference of key scientific experts on carbon ‘‘(T) to pursue a long-term climate tech- methods; and sequestration and measurement techniques nology strategy designed to demonstrate a (B) strive to provide methodologies that from various sectors (including the govern- variety of technologies by which stabiliza- are accessible to a nontechnical audience. ment, academic, and private sectors) to— tion of greenhouse gases might be best (3) MINIMIZATION OF ADVERSE ENVIRON- (A) discuss benchmark standards of preci- achieved, including accelerated research, de- MENTAL IMPACTS.—All applied research under sion for measuring soil carbon content and velopment, demonstration and deployment paragraph (1) shall be conducted with an em- net emissions of other greenhouse gases; of— phasis on minimizing adverse environmental (B) designate packages of measurement ‘‘(i) renewable energy systems; impacts. techniques and modeling approaches to ‘‘(ii) advanced fossil energy technology; (4) NATURAL RESOURCES CONSERVATION achieve a level of precision agreed on by the ‘‘(iii) advanced nuclear power plant design; SERVICE.—The Secretary of Agriculture, act- participants in the conference; and ‘‘(iv) fuel cell technology for residential, ing through the Natural Resources Conserva- (C) evaluate results of analyses on base- industrial and transportation applications; tion Service, shall collaborate with other line, permanence, and leakage issues. ‘‘(v) carbon sequestration practices and Federal agencies, including the National In- (2) DEVELOPMENT OF BENCHMARK STAND- technologies, including agricultural and for- stitute of Standards and Technology, in de- ARDS.— estry practices that store and sequester car- veloping new measuring techniques and (A) IN GENERAL.—The Secretary shall de- bon; equipment or adapting existing techniques velop benchmark standards for measuring ‘‘(vi) efficient electrical generation, trans- and equipment to enable cost-effective and the carbon content of soils and plants (in- mission and distribution technologies; and accurate monitoring and verification, for a cluding trees) based on— ‘‘(vii) efficient end use energy tech- wide range of agricultural and forestry prac- (i) information from the conference under nologies.’’. tices, of— paragraph (1); Subtitle B—Department of Agriculture (A) changes in soil carbon content in agri- (ii) research conducted under this section; Programs cultural soils, plants, and trees; and and SEC. 1311. CARBON SEQUESTRATION BASIC AND (B) net emissions of other greenhouse (iii) other information available to the APPLIED RESEARCH. gases. Secretary. (a) BASIC RESEARCH.— (5) COOPERATIVE STATE RESEARCH EXTEN- (B) OPPORTUNITY FOR PUBLIC COMMENT.— (1) IN GENERAL.—The Secretary of Agri- SION AND EDUCATION SERVICE.— The Secretary shall provide an opportunity culture shall carry out research in the areas (A) IN GENERAL.—The Secretary of Agri- for the public to comment on benchmark of soil science that promote understanding culture, acting through the Cooperative standards developed under subparagraph (A). of— State Research Extension and Education (3) REPORT.—Not later than 180 days after (A) the net sequestration of organic carbon Service, shall establish a competitive grant the conclusion of the conference under para- in soil; and program to encourage research on the mat- graph (1), the Secretary of Agriculture shall (B) net emissions of other greenhouse gases ters described in paragraph (1) by land grant submit to the Committee on Agriculture of from agriculture. universities and other research institutions. the House of Representatives and the Com- (2) AGRICULTURAL RESEARCH SERVICE.—The (B) CONSULTATION ON RESEARCH TOPICS.— mittee on Agriculture, Nutrition, and For- Secretary of Agriculture, acting through the Before issuing a request for proposals for ap- estry of the Senate a report on the results of Agricultural Research Service, shall collabo- plied research under paragraph (1), the Coop- the conference. rate with other Federal agencies in devel- erative State Research, Education, and Ex- (e) AUTHORIZATION OF APPROPRIATIONS.— oping data and carrying out research ad- tension Service shall consult with the Na- (1) IN GENERAL.—There are authorized to be dressing soil carbon fluxes (losses and gains) tional Resources Conservation Service and appropriated to carry out this section and net emissions of methane and nitrous the Agricultural Research Service to ensure $25,000,000 for each of fiscal years 2003 oxide from cultivation and animal manage- that proposed research areas are complemen- through 2006. ment activities. tary with and do not duplicate research (2) ALLOCATION.—Of the amounts made (3) COOPERATIVE STATE RESEARCH EXTEN- projects underway at the Agricultural Re- available to carry out this section for a fis- SION AND EDUCATION SERVICE.— search Service or other Federal agencies. cal year, at least 50 percent shall be allo- (A) IN GENERAL.—The Secretary of Agri- (c) RESEARCH CONSORTIA.— cated for competitive grants by the Coopera- culture, acting through the Cooperative (1) IN GENERAL.—The Secretary of Agri- tive State Research, Education, and Exten- State Research Extension and Education culture may designate not more than 2 re- sion Service. Service, shall establish a competitive grant search consortia to carry out research SEC. 1312. CARBON SEQUESTRATION DEM- program to carry out research on the mat- projects under this section, with the require- ONSTRATION PROJECTS AND OUT- ters described in paragraph (1) in land grant ment that the consortia propose to conduct REACH. universities and other research institutions. basic, research under subsection (a) and ap- (a) DEMONSTRATION PROJECTS.— (B) CONSULTATION ON RESEARCH TOPICS.— plied research under subsection (b). (1) DEVELOPMENT OF MONITORING PRO- Before issuing a request for proposals for (2) SELECTION.—The consortia shall be se- GRAMS.— basic research under paragraph (1), the Coop- lected in a competitive manner by the Coop- (A) IN GENERAL.—The Secretary of Agri- erative State Research, Education, and Ex- erative State Research, Education, and Ex- culture, acting through the Natural Re- tension Service shall consult with the Agri- tension Service. sources Conservation Service and in coopera- cultural Research Service to ensure that pro- (3) ELIGIBLE CONSORTIUM PARTICIPANTS.— tion with local extension agents, experts posed research areas are complementary Entities eligible to participate in a consor- from land grant universities, and other local with and do not duplicate research projects tium include— agricultural or conservation organizations, underway at the Agricultural Research Serv- (A) land grant colleges and universities; shall develop user-friendly, programs that ice or other Federal agencies. (B) private research institutions; combine measurement tools and modeling (b) APPLIED RESEARCH.— (C) State geological surveys; techniques into integrated packages to mon- (1) IN GENERAL.—The Secretary of Agri- (D) agencies of the Department of Agri- itor the carbon sequestering benefits of con- culture shall carry out applied research in culture; servation practices and net changes in green- the areas of soil science, agronomy, agricul- (E) research centers of the National Aero- house gas emissions. tural economics and other agricultural nautics and Space Administration and the (B) BENCHMARK LEVELS OF PRECISION.—The sciences to— Department of Energy; programs developed under subparagraph (A)

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1309 shall strive to achieve benchmark levels of (B) may generate substantially smaller or improve each agency’s role in the inter- precision in measurement in a cost-effective less toxic volumes of solid or liquid waste. national development, demonstration, and manner. (2) INTERAGENCY WORKING GROUP.—The deployment of clean energy technology; (2) PROJECTS.— term ‘‘interagency working group’’ means (G) make assessments and recommenda- (A) IN GENERAL.—The Secretary of Agri- the Interagency Working Group on Clean En- tions regarding the distinct technological, culture, acting through the Farm Service ergy Technology Exports established under market, regional, and stakeholder challenges Agency, shall establish a program under subsection (b). necessary to carry out the program; and which projects use the monitoring programs (b) INTERAGENCY WORKING GROUP.— (H) recommend conditions and criteria developed under paragraph (1) to dem- (1) ESTABLISHMENT.—Not later than 90 days that will help ensure that United States onstrate the feasibility of methods of meas- after the date of enactment of this section, funds promote sound energy policies in par- uring, verifying, and monitoring— the Secretary of Energy, the Secretary of ticipating countries while simultaneously (i) changes in organic carbon content and Commerce, and the Administrator of the opening their markets and exporting United other carbon pools in agricultural soils, U.S. Agency for International Development States energy technology. plants, and trees; and shall jointly establish a Interagency Work- (c) FEDERAL SUPPORT FOR CLEAN ENERGY (ii) net changes in emissions of other ing Group on Clean Energy Technology Ex- TECHNOLOGY TRANSFER.—Notwithstanding greenhouse gases. ports. The interagency working group will any other provision of law, each federal (B) EVALUATION OF IMPLICATIONS.—The focus on opening and expanding energy mar- agency or government corporation carrying projects under subparagraph (A) shall in- kets and transferring clean energy tech- out an assistance program in support of the clude evaluation of the implications for reas- nology to the developing countries, countries activities of United States persons in the en- sessed baselines, carbon or other greenhouse in transition, and other partner countries vironment or energy sector of a developing gas leakage, and permanence of sequestra- that are expected to experience, over the country, country in transition, or other part- tion. next 20 years, the most significant growth in ner country shall support, to the maximum (C) SUBMISSION OF PROPOSALS.—Proposals energy production and associated greenhouse extent practicable, the transfer of United for projects under subparagraph (A) shall be gas emissions, including through technology States clean energy technology as part of submitted by the appropriate agency of each transfer programs under the Framework that program. (d) ANNUAL REPORT.—Not later than April State, in cooperation with interested local Convention on Climate Change, other inter- 1, 2002, and each year thereafter, the Inter- jurisdictions and State agricultural and con- national agreements, and relevant Federal agency Working Group shall submit a report servation organizations. efforts. (2) MEMBERSHIP.—The interagency working to Congress on its activities during the pre- (D) LIMITATION.—Not more than 10 projects group shall be jointly chaired by representa- ceding calendar year. The report shall in- under subparagraph (A) may be approved in tives appointed by the agency heads under clude a description of the technology, policy, conjunction with applied research projects paragraph (1) and shall also include rep- and market opportunities for international under section 1331(b) until benchmark meas- resentatives from the Department of State, development, demonstration, and deploy- urement and assessment standards are estab- the Department of Treasury, the Environ- ment of clean energy technology inves- lished under section 1331(d). mental Protection Agency, the Export-Im- tigated by the Interagency Working Group in (b) OUTREACH.— port Bank, the Overseas Private Investment that year, as well as any policy recommenda- (1) IN GENERAL.—The Cooperative State Re- Corporation, the Trade and Development tions to improve the expansion of clean en- search Extension and Education Service Agency, and other federal agencies as ergy markets and U.S. clean energy tech- shall widely disseminate information about deemed appropriate by all three agency nology exports. the economic and environmental benefits heads under paragraph (1). (e) REPORT ON USE OF FUNDS.—Not later that can be generated by adoption of con- (3) DUTIES.—The interagency working than October 1, 2002, and each year there- servation practices (including benefits from group shall— after, the Secretary of State, in consultation increased sequestration of carbon and re- (A) analyze technology, policy, and market with other federal agencies, shall submit a duced emission of other greenhouse gases). opportunities for international development, report to Congress indicating how United (2) PROJECT RESULTS.—The Cooperative demonstration, and deployment of clean en- States funds appropriated for clean energy State Research Extension and Education ergy technology; technology exports and other relevant fed- Service shall inform farmers, ranchers, and (B) investigate issues associated with eral programs are being directed in a manner State agricultural and energy offices in each building capacity to deploy clean energy that promotes sound energy policy commit- ments in developing countries, countries in State of— technology in developing countries, coun- transition, and other partner countries, in- (A) the results of demonstration projects tries in transition, and other partner coun- cluding efforts pursuant to multi-lateral en- under subsection (a)(2) in the State; and tries, including— vironmental agreements. (B) the ways in which the methods dem- (i) energy-sector reform; onstrated in the projects might be applicable (f) AUTHORIZATION OF APPROPRIATIONS.— (ii) creation of open, transparent, and com- There are authorized to be appropriated to to the operations of those farmers and ranch- petitive markets for energy technologies; ers. the departments, agencies, and entities of (iii) availability of trained personnel to de- the United States described in subsection (b) (3) POLICY OUTREACH.—On a periodic basis, ploy and maintain the technology; and the Cooperative State Research Extension such sums as may be necessary to support (iv) demonstration and cost-buydown the transfer of clean energy technology, con- and Education Service shall disseminate in- mechanisms to promote first adoption of the formation on the policy nexus between glob- sistent with the subsidy codes of the World technology; Trade Organization, as part of assistance al climate change mitigation strategies and (C) examine relevant trade, tax, inter- agriculture, so that farmers and ranchers programs carried out by those departments, national, and other policy issues to assess agencies, and entities in support of activities may better understand the global implica- what policies would help open markets and of United States persons in the energy sector tions of the activities of farmers and ranch- improve U.S. clean energy technology ex- of a developing country, country in transi- ers. ports in support of the following areas: tion, or other partner country. (c) AUTHORIZATION OF APPROPRIATIONS.— (i) enhancing energy innovation and co- SEC. 1322. INTERNATIONAL ENERGY TECH- (1) IN GENERAL.—There are authorized to be operation, including energy sector and mar- NOLOGY DEPLOYMENT PROGRAM. appropriated to carry out this section ket reform, capacity building, and financing (a) IN GENERAL.—Section 1608 of the En- $10,000,000 for each of fiscal years 2003 measures; ergy Policy Act of 1992 (42 U.S.C. 13387) is through 2006. (ii) improving energy end-use efficiency amended by striking subsection (l) and in- (2) ALLOCATION.—Of the amounts made technologies, including buildings and facili- serting the following: available to carry out this section for a fis- ties, vehicle, industrial, and co-generation ‘‘(l) INTERNATIONAL ENERGY TECHNOLOGY cal year, at least 50 percent shall be allo- technology initiatives; and DEPLOYMENT PROGRAM— cated for demonstration projects under sub- (iii) promoting energy supply technologies, ‘‘(1) DEFINITIONS.—In this subsection: section (a)(2). including fossil, nuclear, and renewable tech- ‘‘(A) INTERNATIONAL ENERGY DEPLOYMENT Subtitle C—Clean Energy Technology nology initiatives; PROJECT.—The term ‘international energy Exports Program (D) establish an advisory committee in- deployment project’ means a project to con- SEC. 1321. CLEAN ENERGY TECHNOLOGY EX- volving the private sector and other inter- struct an energy production facility outside PORTS PROGRAM. ested groups on the export and deployment the United States— (a) DEFINITIONS.—In this section: of clean energy technology; ‘‘(i) the output of which will be consumed (1) CLEAN ENERGY TECHNOLOGY.—The term (E) monitor each agency’s progress to- outside the United States; and ‘‘clean energy technology’’ means an energy wards meeting goals in the 5-year strategic ‘‘(ii) the deployment of which will result in supply or end-use technology that, over its plan submitted to Congress pursuant to the a greenhouse gas reduction per unit of en- lifecycle and compared to a similar tech- Energy and Water Development Appropria- ergy produced when compared to the tech- nology already in commercial use in devel- tions Act, 2001, and the Energy and Water nology that would otherwise be imple- oping countries, countries in transition, and Development Appropriations Act, 2002; mented— other partner countries— (F) make recommendations to heads of ap- ‘‘(I) 10 percentage points or more, in the (A) emits substantially lower levels of pol- propriate Federal agencies on ways to case of a unit placed in service before Janu- lutants or greenhouse gases; and streamline federal programs and policies to ary 1, 2010;

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1310 CONGRESSIONAL RECORD — SENATE February 27, 2002 ‘‘(II) 20 percentage points or more, in the stitution in the host country and an indus- plan to the Congress within 180 days after case of a unit placed in service after Decem- try, university or national laboratory partic- the date of enactment of the Global Climate ber 31, 2009, and before January 1, 2020; or ipant from the United States. The host insti- Change Act of 2002. The Chairman, through ‘‘(III) 30 percentage points or more, in the tution shall contribute at least 50 percent of the Committee, shall also submit a revised case of a unit placed in service after Decem- funds provided for the capacity building re- implementation plan under subsection (a).’’. ber 31, 2019, and before January 1, 2030. search. SEC. 1335. INTEGRATED PROGRAM OFFICE. ‘‘(B) QUALIFYING INTERNATIONAL ENERGY ‘‘(D) COORDINATION WITH OTHER PRO- Section 105 (15 U.S.C. 2935) is amended— DEPLOYMENT PROJECT.—The term ‘qualifying GRAMS.—A qualifying international energy (1) by redesignating subsections (a), (b), international energy deployment project’ deployment project funded under this sec- and (c) as subsections (b), (c), and (d), respec- means an international energy deployment tion shall not be eligible as a qualifying tively; and project that— clean coal technology under section 415 of (2) inserting before subsection (b), as redes- ‘‘(i) is submitted by a United States firm the Clean Air Act (42 U.S.C. 7651n). ignated, the following: to the Secretary in accordance with proce- ‘‘(E) REPORT.—Not later than 5 years after ‘‘(a) INTEGRATED PROGRAM OFFICE.— dures established by the Secretary by regula- the date of enactment of this subsection, the ‘‘(1) ESTABLISHMENT.—There is established tion; Secretary shall submit to the President a re- in the Office of Science and Technology Pol- ‘‘(ii) uses technology that has been suc- port on the results of the pilot projects. icy an integrated program office for the cessfully developed or deployed in the United ‘‘(F) RECOMMENDATION.—Not later than 60 global change research program. States; days after receiving the report under sub- ‘‘(2) ORGANIZATION.—The integrated pro- ‘‘(iii) meets the criteria of subsection (k); paragraph (E), the President shall submit to gram office established under paragraph (1) ‘‘(iv) is approved by the Secretary, with Congress a recommendation, based on the re- shall be headed by the associate director notice of the approval being published in the sults of the pilot projects as reported by the with responsibility for climate change Federal Register; and Secretary of Energy, concerning whether the science and technology and shall include a ‘‘(v) complies with such terms and condi- financial assistance program under this sec- representative from each Federal agency tions as the Secretary establishes by regula- tion should be continued, expanded, reduced, participating in the global change research tion. or eliminated. program. ‘‘(C) UNITED STATES.—For purposes of this ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(3) FUNCTION.—The integrated program of- paragraph, the term ‘United States’, when There are authorized to be appropriated to fice shall— used in a geographical sense, means the 50 the Secretary carry out this section ‘‘(A) manage, working in conjunction with States, the District of Columbia, Puerto $100,000,000 for each of fiscal years 2003 the Committee, interagency coordination Rico, Guam, the Virgin Islands, American through 2011, to remain available until ex- and program integration of global change re- Samoa, and the Commonwealth of the North- pended.’’. search activities and budget requests; ern Mariana Islands. Subtitle D—Climate Change Science and ‘‘(B) ensure that the activities and pro- ‘‘(2) PILOT PROGRAM FOR FINANCIAL ASSIST- grams of each Federal agency or department ANCE.— Information participating in the program address the ‘‘(A) IN GENERAL.— Not later than 180 days PART I—AMENDMENTS TO THE GLOBAL goals and objectives identified in the stra- after the date of enactment of this sub- CHANGE RESEARCH ACT OF 1990 tegic research plan and interagency imple- section, the Secretary shall, by regulation, SEC. 1331. AMENDMENT OF GLOBAL CHANGE RE- mentation plans; provide for a pilot program for financial as- SEARCH ACT OF 1990. ‘‘(C) ensure program and budget rec- sistance for qualifying international energy Except as otherwise expressly provided, ommendations of the Committee are commu- deployment projects. whenever in this subtitle an amendment or nicated to the President and are integrated ‘‘(B) SELECTION CRITERIA.—After consulta- repeal is expressed in terms of an amend- into the climate change action strategy; tion with the Secretary of State, the Sec- ment to, or repeal of, a section or other pro- ‘‘(D) review, solicit, and identify, and allo- retary of Commerce, and the United States vision, the reference shall be considered to cate funds for, partnership projects that ad- Trade Representative, the Secretary shall se- be made to a section or other provision of lect projects for participation in the pro- dress critical research objectives or oper- the Global Change Research Act of 1990 (15 ational goals of the program, including gram based solely on the criteria under this U.S.C. 2921 et seq.). title and without regard to the country in projects that would fill research gaps identi- SEC. 1332. CHANGES IN DEFINITIONS. which the project is located. fied by the program, and for which project Paragraph (1) of section 2 (15 U.S.C. 2921) is resources are shared among at least 2 agen- ‘‘(C) FINANCIAL ASSISTANCE.— amended by striking ‘‘Earth and’’ inserting ‘‘(i) IN GENERAL.—A United States firm cies participating in the program; and ‘‘Climate and’’. that undertakes a qualifying international ‘‘(E) review and provide recommendations energy deployment project that is selected SEC. 1333. CHANGE IN COMMITTEE NAME. on, in conjunction with the Committee, all to participate in the pilot program shall be Section 102 (15 U.S.C. 2932) is amended— annual appropriations requests from Federal eligible to receive a loan or a loan guarantee (1) by striking ‘‘EARTH AND’’ in the sec- agencies or departments participating in the from the Secretary. tion heading and inserting ‘‘CLIMATE AND’’; program. RANT AUTHORITY ‘‘(ii) RATE OF INTEREST.—The rate of inter- and ‘‘(4) G .—The Integrated est of any loan made under clause (i) shall be (2) by striking ‘‘Earth and’’ in subsection Program Office may authorize 1 or more of equal to the rate for Treasury obligations (a) and inserting ‘‘Climate and’’. the departments or agencies participating in then issued for periods of comparable matu- SEC. 1334. CHANGE IN NATIONAL GLOBAL the program to enter into contracts and rities. CHANGE RESEARCH PLAN. make grants, using funds appropriated for ‘‘(iii) AMOUNT.—The amount of a loan or Section 104 (15 U.S.C. 2934) is amended— use by the Office of Science and Technology loan guarantee under clause (i) shall not ex- (1) by adding at the end of subsection (c) Policy for the purpose of carrying out the re- ceed 50 percent of the total cost of the quali- the following: sponsibilities of that Office. fied international energy deployment ‘‘(6) Methods for integrating information ‘‘(5) FUNDING.—For fiscal year 2003, and project. to provide predictive tools for planning and each fiscal year thereafter, not less than ‘‘(iv) DEVELOPED COUNTRIES.—Loans or decision making by governments, commu- $13,000,000 shall be made available to the In- loan guarantees made for projects to be lo- nities and the private sector.’’; tegrated Program Office from amounts ap- cated in a developed country, as listed in (2) by inserting ‘‘local, State, and Federal’’ propriated to or for the use of the Office of Annex I of the United Nations Framework before ‘‘policy makers’’ in subsection (d)(3); Science and Technology Policy.’’; Convention on Climate Change, shall require (3) by striking ‘‘and’’ in subsection (d)(2); (3) by striking ‘‘Committee.’’ in paragraph at least a 50 percent contribution towards (4) by striking ‘‘change.’’ in subsection (2) of subsection (c), as redesignated, and in- the total cost of the loan or loan guarantee (d)(3) and inserting ‘‘change; and’’; serting ‘‘Committee and the Integrated Pro- by the host country. (5) by adding at the end of subsection (d) gram Office.’’; and ‘‘(v) DEVELOPING COUNTRIES.—Loans or the following: (4) by inserting ‘‘and the Integrated Pro- loan guarantees made for projects to be lo- ‘‘(4) establish a common assessment and gram Office’’ after ‘‘Committee’’ in para- cated in a developing country (those coun- modeling framework that may be used in graph (1) of subsection (d), as redesignated. tries not listed in Annex I of the United Na- both research and operations to predict and PART II—NATIONAL CLIMATE SERVICES tions Framework Convention on Climate assess the vulnerability of natural and man- AND MONITORING Change) shall require at least a 10 percent aged ecosystems and of human society in the SEC. 1341. AMENDMENT OF NATIONAL CLIMATE contribution towards the total cost of the context of other environmental and social PROGRAM ACT. loan or loan guarantee by the host country. changes.’’; and Except as otherwise expressly provided, ‘‘(vi) CAPACITY BUILDING RESEARCH.—Pro- (6) by adding at the end the following: whenever in this subtitle an amendment or posals made for projects to be located in a ‘‘(g) STRATEGIC PLAN; REVISED IMPLEMEN- repeal is expressed in terms of an amend- developing country may include a research TATION PLAN.—The Chairman of the Council, ment to, or repeal of, a section or other pro- component intended to build technological through the Committee, shall develop a stra- vision, the reference shall be considered to capacity within the host country. Such re- tegic plan for the United States Global Cli- be made to a section or other provision of search must be related to the technologies mate Change Research Program for the 10- the National Climate Program Act (15 U.S.C. being deployed and must involve both an in- year period beginning in 2002 and submit the 2901 et seq.).

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1311 SEC. 1342. CHANGES IN FINDINGS. ‘‘(4) improvements in modeling and assess- (4) enhancing the safety and efficiency of Section 2 (15 U.S.C. 2901) is amended— ment capabilities needed to integrate infor- marine operations; (1) by striking ‘‘Weather and climate mation to predict regional and local climate (5) supporting efforts to restore the health change affect’’ in paragraph (1) and inserting changes and impacts; of and manage coastal and marine eco- ‘‘Weather, climate change, and climate vari- ‘‘(5) in coordination with the private sec- systems and living resources; ability affect public safety, environmental tor, improving the capacity to assess the im- (6) monitoring and evaluating the effec- security, human health,’’; pacts of predicted and projected climate tiveness of ocean and coastal environmental (2) by striking ‘‘climate’’ in paragraph (2) changes and variations; policies; and inserting ‘‘climate, including seasonal ‘‘(6) a program for long term stewardship, (7) reducing and mitigating ocean and and decadal fluctuations,’’; quality control, development of relevant cli- coastal pollution; and (3) by striking ‘‘changes.’’ in paragraph (5) mate products, and efficient access to all rel- (8) providing information that contributes and inserting ‘‘changes and providing free evant climate data, products, and critical to public awareness of the state and impor- exchange of meteorological data.’’; and model simulations; and tance of the oceans. (4) by adding at the end the following: ‘‘(7) mechanisms to coordinate among Fed- ‘‘(7) The present rate of advance in re- (b) COUNCIL FUNCTIONS.—In addition to its eral agencies, State, and local government search and development is inadequate and responsibilities under section 7902(a) of such entities and the academic community to en- new developments must be incorporated rap- title, the Council shall be responsible for sure timely and full sharing and dissemina- idly into services for the benefit of the pub- planning and coordinating the observing sys- lic. tion of climate information and services, tem and in carrying out this responsibility ‘‘(8) The United States lacks adequate in- both domestically and internationally.’’. shall— frastructure and research to meet national SEC. 1346. INTERNATIONAL PACIFIC RESEARCH (1) develop and submit to the Congress, climate monitoring and prediction needs.’’. AND COOPERATION. within 6 months after the date of enactment The Secretary of Commerce, in coopera- SEC. 1343. TOOLS FOR REGIONAL PLANNING. of this Act, a plan for implementing a na- tion with the Administrator of the National Section 5(d) (15 U.S.C. 2904(d)) is amended— tional ocean and coastal observing system Aeronautics and Space Administration, shall (1) by redesignating paragraphs (4) through that— conduct international research in the Pacific (9) as paragraphs (5) through (10), respec- (A) uses an end-to-end engineering and de- region that will increase understanding of tively; velopment approach to develop a system de- the nature and predictability of climate var- (2) by inserting after paragraph (3) the fol- sign and schedule for operational implemen- lowing: iability in the Asia-Pacific sector, including tation; ‘‘(4) methods for improving modeling and regional aspects of global environmental (B) determines how current and planned predictive capabilities and developing assess- change. Such research activities shall be observing activities can be integrated in a ment methods to guide national, regional, conducted in cooperation with other nations cost-effective manner; and local planning and decision-making on of the region. There are authorized to be ap- (C) provides for regional and concept dem- land use, water hazards, and related issues; propriated for purposes of this section onstration projects; (3) by inserting ‘‘sharing,’’ after ‘‘collec- $1,500,000 to the National Oceanic and At- (D) describes the role and estimated budget tion,’’ in paragraph (5), as redesignated; mospheric Administration, $1,500,000 to the of each Federal agency in implementing the (4) by striking ‘‘experimental’’ each place National Aeronautics and Space Administra- plan; it appears in paragraph (9), as redesignated; tion, and $500,000 for the Pacific ENSO Appli- (E) contributes, to the extent practicable, (5) by striking ‘‘preliminary’’ in paragraph cations Center. to the National Global Change Research (10), as redesignated; SEC. 1347. REPORTING ON TRENDS. Plan under section 104 of the Global Change (6) by striking ‘‘this Act,’’ the first place it (a) ATMOSPHERIC MONITORING AND Research Act of 1990 (15 U.S.C. 2934); and appears in paragraph (10), as redesignated, VERIFICATION PROGRAM.—The Secretary of (F) makes recommendations for coordina- and inserting ‘‘the Global Climate Change Commerce, in coordination with relevant tion of ocean observing activities of the Act of 2002,’’; and Federal agencies, shall, as part of the Na- United States with those of other nations (7) by striking ‘‘this Act,’’ the second place tional Climate Service, establish an atmos- and international organizations; it appears in paragraph (10), as redesignated, pheric monitoring and verification program (2) serve as the mechanism for coordi- and inserting ‘‘that Act,’’. utilizing aircraft, satellite, ground sensors, nating Federal ocean observing requirements SEC. 1344. AUTHORIZATION OF APPROPRIATIONS. and modeling capabilities to monitor, meas- and activities; Section 9 (15 U.S.C. 2908) is amended— ure, and verify atmospheric greenhouse gas (3) work with academic, State, industry (1) by striking ‘‘1979,’’ and inserting levels, dates, and emissions. Where feasible, and other actual and potential users of the ‘‘2002,’’; the program shall measure emissions from observing system to make effective use of (2) by striking ‘‘1980,’’ and inserting identified sources participating in the re- existing capabilities and incorporate new ‘‘2003,’’; porting system for verification purposes. The technologies; (3) by striking ‘‘1981,’’ and inserting program shall use measurements and stand- (4) approve standards and protocols for the ‘‘2004,’’; and ards that are consistent with those utilized administration of the system, including— (4) by striking ‘‘$25,500,000’’ and inserting in the greenhouse gas measurement and re- (A) a common set of measurements to be ‘‘$75,500,000’’. porting system established under subsection collected and distributed routinely and by (a) and the registry established under section SEC. 1345. NATIONAL CLIMATE SERVICE PLAN. uniform methods; The Act (15 U.S.C. 2901 et seq.) is amended 1102. (B) standards for quality control and as- (b) ANNUAL REPORTING.—The Secretary of by inserting after section 5 the following: sessment of data; Commerce shall issue an annual report that ‘‘SEC. 6. NATIONAL CLIMATE SERVICE PLAN. (C) design, testing and employment of fore- identifies greenhouse emissions and trends ‘‘Within one year after the date of enact- cast models for ocean conditions; on a local, regional, and national level. The ment of the Global Climate Change Act of (D) data management, including data report shall also identify emissions or reduc- 2002, the Secretary of Commerce shall sub- transfer protocols and archiving; and mit to the Senate Committee on Commerce, tions attributable to individual or multiple (E) designation of coastal ocean observing Science, and Transportation and the House sources covered by the greenhouse gas meas- regions; and Science Committee a plan of action for a Na- urement and reporting system established (5) in consultation with the Secretary of tional Climate Service under the National under section 1102. State, provide representation at inter- Climate Program. The plan shall set forth PART III—OCEAN AND COASTAL national meetings on ocean observing pro- recommendations and funding estimates OBSERVING SYSTEM grams and coordinate relevant Federal ac- for— SEC. 1351. OCEAN AND COASTAL OBSERVING SYS- tivities with those of other nations. ‘‘(1) a national center for operational cli- TEM. (c) SYSTEM ELEMENTS.—The integrated mate monitoring and predicting with the (a) ESTABLISHMENT.—The President, ocean and coastal observing system shall in- functional capacity to monitor and adjust through the National Ocean Research Lead- clude the following elements: observing systems as necessary to reduce ership Council, established by section 7902(a) (1) A nationally coordinated network of re- bias; of title 10, United States Code, shall estab- gional coastal ocean observing systems that ‘‘(2) the design, deployment, and operation lish and maintain an integrated ocean and measure and disseminate a common set of of an adequate national climate observing coastal observing system that provides for ocean observations and related products in a system that builds upon existing environ- long-term, continuous, and real-time obser- uniform manner and according to sound sci- mental monitoring systems and closes gaps vations of the oceans and coasts for the pur- entific practice, but that are adapted to local in coverage by existing systems; poses of— and regional needs. ‘‘(3) the establishment of a national coordi- (1) understanding, assessing and respond- (2) Ocean sensors for climate observations, nated modeling strategy, including a na- ing to human-induced and natural processes including the Arctic Ocean and sub-polar tional climate modeling center to provide a of global change; seas. dedicated capability for climate modeling (2) improving weather forecasts and public (3) Coastal, relocatable, and cabled sea and a regular schedule of projections on a warnings; floor observatories. long and short term time schedule and at a (3) strengthening national security and (4) Broad bandwidth communications that range of spatial scales; military preparedness; are capable of transmitting high volumes of

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1312 CONGRESSIONAL RECORD — SENATE February 27, 2002 data from open ocean locations at low cost shall be determined in consultation with ap- address global climate change by signifi- and in real time. propriate Federal agencies, including the En- cantly reducing greenhouse gas emissions (5) Ocean data management and assimila- vironmental Protection Agency, the Na- and concentrations in the atmosphere. tion systems that ensure full use of new tional Oceanic and Atmospheric Administra- (b) MANUFACTURING EXTENSION PARTNER- sources of data from space-borne and in situ tion, and the National Aeronautics and SHIP PROGRAM FOR ‘‘GREEN’’ MANUFAC- sensors. Space Administration. The program gen- TURING.—The Director of the National Insti- (6) Focused research programs. erally shall include basic and applied re- tute of Standards and Technology, through (7) Technology development program to de- search— the Manufacturing Extension Partnership velop new observing technologies and tech- ‘‘(A) to develop and provide the enhanced Program, may develop a program to support niques, including data management and dis- measurements, calibrations, data, models, the implementation of new ‘‘green’’ manu- semination. and reference material standards which will facturing technologies and techniques by the (8) Public outreach and education. enable the monitoring of greenhouse gases; more than 380,000 small manufacturers. SEC. 1352. AUTHORIZATION OF APPROPRIATIONS. ‘‘(B) to assist in establishing of a baseline SEC. 1365. AUTHORIZATION OF APPROPRIATIONS. For development and implementation of an reference point for future trading in green- There are authorized to be appropriated to integrated ocean and coastal observation house gases and the measurement of progress the Director to carry out functions pursuant system under this title, including financial in emissions reduction; to sections 1345, 1351, and 1361 through 1363, assistance to regional coastal ocean observ- ‘‘(C) that will be exchanged internationally $10,000,000 for fiscal years 2002 through 2006. ing systems, there are authorized to be ap- as scientific or technical information which Subtitle F—Climate Adaptation and Hazards propriated $235,000,000 in fiscal year 2003, has the stated purpose of developing mutu- Prevention ally recognized measurements, standards, $315,000,000 in fiscal year 2004, $390,000,000 in PART I—ASSESSMENT AND ADAPTATION fiscal year 2005, and $445,000,000 in fiscal year and procedures for reducing greenhouse 2006. gases; and SEC. 1371. REGIONAL CLIMATE ASSESSMENT AND ‘‘(D) to assist in developing improved in- ADAPTATION PROGRAM. Subtitle E—Climate Change Technology (a) IN GENERAL.—The President shall es- dustrial processes designed to reduce or SEC. 1361. NIST GREENHOUSE GAS FUNCTIONS. tablish within the Department of Commerce Section 2(c) of the National Institute of eliminate greenhouse gases. ‘‘(c) NATIONAL MEASUREMENT LABORA- a National Climate Change Vulnerability Standards and Technology Act (15 U.S.C. TORIES.— and Adaptation Program for regional im- 272(c)) is amended— ‘‘(1) IN GENERAL.—In carrying out this sec- pacts related to increasing concentrations of (1) striking ‘‘and’’ after the semicolon in tion, the Director shall utilize the collective greenhouse gases in the atmosphere and cli- paragraph (21); skills of the National Measurement Labora- mate variability. (2) by redesignating paragraph (22) as para- tories of the National Institute of Standards (b) COORDINATION.—In designing such pro- graph (23); and and Technology to improve the accuracy of gram the Secretary shall consult with the (3) by inserting after paragraph (21) the fol- measurements that will permit better under- Federal Emergency Management Agency, lowing: standing and control of these industrial the Environmental Protection Agency, the ‘‘(22) perform research to develop enhanced chemical processes and result in the reduc- Army Corps of Engineers, the Department of measurements, calibrations, standards, and tion or elimination of greenhouse gases. Transportation, and other appropriate Fed- technologies which will enable the reduced eral, State, and local government entities. ‘‘(2) MATERIAL, PROCESS, AND BUILDING RE- production in the United States of green- (c) VULNERABILITY ASSESSMENTS.—The pro- SEARCH.—The National Measurement Lab- house gases associated with global warming, oratories shall conduct research under this gram shall— including carbon dioxide, methane, nitrous (1) evaluate, based on predictions devel- subsection that includes— oxide, ozone, perfluorocarbons, hydrofluoro- oped under this Act and the National Cli- ‘‘(A) developing material and manufac- carbons, and sulphur hexafluoride; and’’. mate Program Act (15 U.S.C. 2901 et seq.), re- turing processes which are designed for en- gional vulnerability to phenomena associ- SEC. 1362. DEVELOPMENT OF NEW MEASURE- ergy efficiency and reduced greenhouse gas MENT TECHNOLOGIES. ated with climate change and climate varia- emissions into the environment; (a) IN GENERAL.—The Secretary of Com- bility, including— ‘‘(B) developing environmentally-friendly, merce shall initiate a program to develop, (A) increases in severe weather events; ‘green’ chemical processes to be used by in- with technical assistance from appropriate (B) sea level rise and shifts in the dustry; and Federal agencies, innovative standards and hydrological cycle; ‘‘(C) enhancing building performance with measurement technologies (including tech- (C) natural hazards, including tsunami, a focus in developing standards or tools nologies to measure carbon changes due to drought, flood and fire; and which will help incorporate low or no-emis- changes in land use cover) to calculate— (D) alteration of ecological communities, sion technologies into building designs. (1) greenhouse gas emissions and reduc- including at the ecosystem or watershed lev- ‘‘(3) STANDARDS AND TOOLS.—The National tions from agriculture, forestry, and other els; and Measurement Laboratories shall develop land use practices; (2) build upon predictions and other infor- standards and tools under this subsection (2) non-carbon dioxide greenhouse gas mation developed in the National Assess- that include software to assist designers in emissions from transportation; ments prepared under the Global Change Re- selecting alternate building materials, per- (3) greenhouse gas emissions from facilities search Act of 1990 (15 U.S.C. 2921 et seq.). formance data on materials, artificial intel- or sources using remote sensing technology; (d) PREPAREDNESS RECOMMENDATIONS.—The ligence-aided design procedures for building and program shall submit a report to Congress subsystems and ‘smart buildings’, and im- (4) any other greenhouse gas emission or within 2 years after the date of enactment of proved test methods and rating procedures reductions for which no accurate or reliable this Act that identifies and recommends im- for evaluating the energy performance of measurement technology exists. plementation and funding strategies for residential and commercial appliances and short and long-term actions that may be SEC. 1363. ENHANCED ENVIRONMENTAL MEAS- products. UREMENTS AND STANDARDS. taken at the national, regional, State, and ‘‘(d) NATIONAL VOLUNTARY LABORATORY AC- The National Institute of Standards and local level— CREDITATION PROGRAM.—The Director shall Technology Act (15 U.S.C. 271 et seq.) is utilize the National Voluntary Laboratory (1) to minimize threats to human life and amended— Accreditation Program under this section to property, (1) by redesignating sections 17 through 32 establish a program to include specific cali- (2) to improve resilience to hazards, as sections 18 through 33, respectively; and bration or test standards and related meth- (3) to minimize economic impacts; and (2) by inserting after section 16 the fol- ods and protocols assembled to satisfy the (4) to reduce threats to critical biological lowing: unique needs for accreditation in measuring and ecological processes. ‘‘SEC. 17. CLIMATE CHANGE STANDARDS AND the production of greenhouse gases. In car- (e) INFORMATION AND TECHNOLOGY.—The PROCESSES. rying out this subsection the Director may Secretary shall make available appropriate ‘‘(a) IN GENERAL.—The Director shall es- cooperate with other departments and agen- information and other technologies and tablish within the Institute a program to cies of the Federal Government, State and products that will assist national, regional, perform and support research on global cli- local governments, and private organiza- State, and local efforts to reduce loss of life mate change standards and processes, with tions.’’. and property, and coordinate dissemination the goal of providing scientific and technical SEC. 1364. TECHNOLOGY DEVELOPMENT AND of such technologies and products. knowledge applicable to the reduction of DIFFUSION. (f) AUTHORIZATION OF APPROPRIATIONS.— greenhouse gases (as defined in section 4 of (a) ADVANCED TECHNOLOGY PROGRAM COM- There are authorized to be appropriated to the Global Climate Change Act of 2002). PETITIONS.—The Director of the National In- the Secretary of Commerce $4,500,000 to im- ‘‘(b) RESEARCH PROGRAM.— stitute of Standards and Technology, plement the requirements of this section. ‘‘(1) IN GENERAL.—The Director is author- through the Advanced Technology Program, SEC. 1372. COASTAL VULNERABILITY AND ADAP- ized to conduct, directly or through con- may hold a portion of the Institute’s com- TATION. tracts or grants, a global climate change petitions in thematic areas, selected after (a) COASTAL VULNERABILITY.—Within 2 standards and processes research program. consultation with industry, academics, and years after the date of enactment of this ‘‘(2) RESEARCH PROJECTS.—The specific con- other Federal Agencies, designed to develop Act, the Secretary shall, in consultation tents and priorities of the research program and commercialize enabling technologies to with the appropriate Federal, State, and

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1313 local governmental entities, conduct re- 1 to 1 thereafter. Distribution of these funds future coordinated framework for planning gional assessments of the vulnerability of to coastal states shall be based upon the for- strategies for adaptation to coastal zone and coastal areas to hazards associated with cli- mula established under section 306(c) of the land use changes related to global climate mate change, climate variability, sea level Coastal Zone Management Act of 1972 (16 change or climate variability; rise, and fluctuation of Great Lakes water U.S.C. 1455(c)), adjusted in consultation with (5) include funds or in-kind contributions levels. The Secretary may also establish, as the States as necessary to provide assistance from non-Federal sources; warranted, longer term regional assessment to particularly vulnerable coastlines. (6) involve the participation of commercial programs. The Secretary may also consult (e) COASTAL RESPONSE PILOT PROGRAM.— entities that process raw or lightly processed with the governments of Canada and Mexico (1) IN GENERAL.—The Secretary shall estab- data, often merging that data with other as appropriate in developing such regional lish a 4-year pilot program to provide finan- geospatial information, to create data prod- assessments. In preparing the regional as- cial assistance to coastal communities most ucts that have significant value added to the sessments, the Secretary shall collect and adversely affected by the impact of climate original data; and compile current information on climate change or climate variability that are lo- (7) taken together demonstrate as diverse a change, sea level rise, natural hazards, and cated in States with Federally approved set of public sector applications as possible. coastal erosion and mapping, and specifi- coastal zone management programs. (c) OPPORTUNITIES.—In carrying out this cally address impacts on Arctic regions and (2) ELIGIBLE PROJECTS.—A project is eligi- section, the Center shall seek opportunities the Central, Western, and South Pacific re- ble for financial assistance under the pilot to assist— gions. The regional assessments shall include program if it— (1) in the development of commercial ap- an evaluation of— (A) will restore or strengthen coastal re- plications potentially available from the re- (1) social impacts associated with threats sources, facilities, or infrastructure that mote sensing industry; and to and potential losses of housing, commu- have been damaged by such an impact, as de- (2) State, local, regional, and tribal agen- nities, and infrastructure; termined by the Secretary; cies in applying remote sensing and other (2) physical impacts such as coastal ero- (B) meets the requirements of the Coastal geospatial information technologies for man- sion, flooding and loss of estuarine habitat, Zone Management Act (16 U.S.C. 1451 et seq.) agement and adaptation to coastal and land saltwater intrusion of aquifers and saltwater and is consistent with the coastal zone man- use consequences of global climate change or encroachment, and species migration; and agement plan of the State in which it is lo- climate variability. (3) economic impact on local, State, and cated; and (d) DURATION.—Assistance for a pilot regional economies, including the impact on (C) will not cost more than $100,000. project under subsection (a) shall be pro- abundance or distribution of economically (3) FUNDING SHARE.—The Federal funding vided for a period of not more than 3 years. important living marine resources. share of any project under this subsection (e) RESPONSIBILITIES OF GRANTEES.—Within (b) COASTAL ADAPTATION PLAN.—The Sec- may not exceed 75 percent of the total cost 180 days after completion of a grant project, retary shall, within 3 years after the date of of the project. In the administration of this each recipient of a grant under subsection (a) enactment of this Act, submit to the Con- paragraph— shall transmit a report to the Center on the gress a national coastal adaptation plan, (A) the Secretary may take into account results of the pilot project and conduct at composed of individual regional adaptation in-kind contributions and other non-cash least one workshop for potential users to dis- plans that recommend targets and strategies support of any project to determine the Fed- seminate the lessons learned from the pilot to address coastal impacts associated with eral funding share for that project; and project as widely as feasible. climate change, sea level rise, or climate (B) the Secretary may waive the require- (f) REGULATIONS.—The Center shall issue variability. The plan shall be developed with ments of this paragraph for a project in a regulations establishing application, selec- the participation of other Federal, State, community if— tion, and implementation procedures for and local government agencies that will be (i) the Secretary determines that the pilot projects, and guidelines for reports and critical in the implementation of the plan at project is important; and workshops required by this section. the State and local levels. The regional plans (ii) the economy and available resources of SEC. 1382. DATABASE ESTABLISHMENT. that will make up the national coastal adap- the community in which the project is to be The Center shall establish and maintain an tation plan shall be based on the information conducted are insufficient to meet the non- electronic, Internet-accessible database of contained in the regional assessments and Federal share of the projects’s costs. the results of each pilot project completed shall identify special needs associated with (f) DEFINITIONS.—Any term used in this under section 1381. Arctic areas and the Central, Western, and section that is defined in section 304 of the SEC. 1383. DEFINITIONS. South Pacific regions. The Plan shall rec- Coastal Zone Management Act of 1972 (16 In this subtitle: ommend both short and long-term adapta- U.S.C. 1453) has the meaning given it by that (1) CENTER.—The term ‘‘Center’’ means the tion strategies and shall include rec- section. Coastal Services Center of the National Oce- ommendations regarding— (g) AUTHORIZATION OF APPROPRIATIONS.— anic and Atmospheric Administration. (1) Federal flood insurance program modi- There are authorized to be appropriated (2) GEOSPATIAL INFORMATION.—The term fications; $3,000,000 annually for regional assessments ‘‘geospatial information’’ means knowledge (2) areas that have been identified as high under subsection (a), and $3,000,000 annually of the nature and distribution of physical risk through mapping and assessment; for coastal adaptation grants under sub- and cultural features on the landscape based (3) mitigation incentives such as rolling section (d). on analysis of data from airborne or space- easements, strategic retreat, State or Fed- PART II—FORECASTING AND PLANNING borne platforms or other types and sources eral acquisition in fee simple or other inter- PILOT PROGRAMS of data. est in land, construction standards, and zon- SEC. 1381. REMOTE SENSING PILOT PROJECTS. (3) INSTITUTION OF HIGHER EDUCATION.—The ing; (a) IN GENERAL.—The Administrator of the term ‘‘institution of higher education’’ has (4) land and property owner education; National Aeronautics and Space Administra- the meaning given that term in section (5) economic planning for small commu- tion shall establish, through the National 101(a) of the Higher Education Act of 1965 (20 nities dependent upon affected coastal re- Oceanic and Atmospheric Administration’s U.S.C. 1001(a)). sources, including fisheries; and Coastal Services Center, a program of grants SEC. 1384. AUTHORIZATION OF APPROPRIATIONS. (6) funding requirements and mechanisms. for competitively awarded pilot projects to There are authorized to be appropriated to (c) TECHNICAL PLANNING ASSISTANCE.—The explore the integrated use of sources of re- Secretary, through the National Ocean Serv- mote sensing and other geospatial informa- the Administrator to carry out the provi- ice, shall establish a coordinated program to tion to address State, local, regional, and sions of this subtitle— provide technical planning assistance and tribal agency needs to forecast a plan for ad- (1) $17,500,000 for fiscal year 2003; (2) $20,000,000 for fiscal year 2004; products to coastal States and local govern- aptation to coastal zone and land use (3) $22,500,000 for fiscal year 2005; and ments as they develop and implement adap- changes that may result as a consequence of (4) $25,000,000 for fiscal year 2006. tation or mitigation strategies and plans. global climate change or climate variability. Products, information, tools and technical (b) PREFERRED PROJECTS.—In awarding TITLE XIV—MANAGEMENT OF DOE expertise generated from the development of grants under this section, the Center shall SCIENCE AND TECHNOLOGY PROGRAMS the regional assessments and the regional give preference to projects that— SEC. 1401. DEFINITIONS. adaptation plans will be made available to (1) focus on areas that are most sensitive In this title: coastal States for the purposes of developing to the consequences of global climate change (1) APPLICABILITY OF DEFINITIONS.—The their own State and local plans. or climate variability; definitions in section 1203 shall apply. (d) COASTAL ADAPTATION GRANTS.—The (2) make use of existing public or commer- (2) SINGLE-PURPOSE RESEARCH FACILITY.— Secretary shall provide grants of financial cial data sets; The term ‘‘single-purpose research facility’’ assistance to coastal States with Federally (3) integrate multiple sources of geospatial means any of the following primarily single approved coastal zone management pro- information, such as geographic information purpose entities owned by the Department of grams to develop and begin implementing system data, satellite-provided positioning Energy— coastal adaptation programs if the State data, and remotely sensed data, in innova- (A) Ames Laboratory; provides a Federal-to-State match of 4 to 1 tive ways; (B) East Tennessee Technology Park; in the first fiscal year, 2.3 to 1 in the second (4) offer diverse, innovative approaches (C) Environmental Measurement Labora- fiscal year, 2 to 1 in the third fiscal year, and that may serve as models for establishing a tory;

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1314 CONGRESSIONAL RECORD — SENATE February 27, 2002 (D) Fernald Environmental Management tional Academy of Sciences to establish such shall be compensated at the rate provided for Project; an advisory board. level IV of the Executive Schedule under sec- (E) Fermi National Accelerator Labora- (b) UTILIZATION OF EXISTING COMMITTEES.— tion 5315 of title 5, United States Code. tory; The Secretary of Energy shall continue to ‘‘(b) The Assistant Secretary of Science (F) Kansas City Plant; use the scientific program advisory commit- shall be in addition to the Assistant Secre- (G) Nevada Test Site; tees chartered under the Federal Advisory taries provided for under section 203 of this (H) New Brunswick Laboratory; Committee Act by the Office of Science to Act. (I) Pantex Weapons Facility; oversee research and development programs ‘‘(c) It shall be the duty and responsibility (J) Princeton Plasma Physics Laboratory; under that Office. of the Assistant Secretary of Science to (K) Savannah River Technology Center; (c) MEMBERSHIP.—Each advisory board carry out the fundamental science and engi- (L) Stanford Linear Accelerator Center; under this section shall consist of experts neering research functions of the Depart- (M) Thomas Jefferson National Accel- drawn from industry, academia, federal lab- ment, including the responsibility for policy and management of such research, as well as erator Facility; oratories, research institutions, or state, other functions vested in the Secretary (N) Y–12 facility at Oak Ridge National local, or tribal governments, as appropriate. which he may assign to the Assistant Sec- Laboratory; (d) MEETINGS AND PURPOSES.—Each advi- retary.’’. (O) Waste Isolation Pilot Plant; or sory board under this section shall meet at (c) ADDITIONAL ASSISTANT SECRETARY POSI- (P) other similar organization of the De- least semi-annually to review and advise on the progress made by the respective re- TION TO ENABLE IMPROVED MANAGEMENT OF partment designated by the Secretary that NUCLEAR ENERGY ISSUES.— search, development, demonstration, and engages in technology transfer, partnering, (1) Section 203(a) of the Department of En- technology deployment program. The advi- or licensing activities. ergy Organization Act (42 U.S.C. 7133(a)) is sory board shall also review the adequacy SEC. 1402. AVAILABILITY OF FUNDS. amended by striking ‘‘There shall be in the and relevance of the goals established for Funds authorized to be appropriated to the Department six Assistant Secretaries’’ and each program by Congress and the President, Department of Energy under title XII, title inserting ‘‘Except as provided in section 209, and may otherwise advise on promising fu- XIII, and title XV shall remain available there shall be in the Department seven As- ture directions in research and development until expended. sistant Secretaries’’. that should be considered by each program. SEC. 1403. COST SHARING. (2) It is the Sense of the Senate that the SEC. 1406. IMPROVED COORDINATION AND MAN- (a) RESEARCH AND DEVELOPMENT.—For re- leadership for departmental missions in nu- AGEMENT OF CIVILIAN SCIENCE search and development projects funded from AND TECHNOLOGY PROGRAMS. clear energy should be at the Assistant Sec- appropriations authorized under subtitles A retary level. (a) EFFECTIVE TOP-LEVEL COORDINATION OF through D of title XII, the Secretary shall (d) TECHNICAL AND CONFORMING AMEND- RESEARCH AND DEVELOPMENT PROGRAMS.— MENTS.— require a commitment from non-federal Section 202(b) of the Department of Energy (1) Section 202 of the Department of En- sources of at least 20 percent of the cost of Organization Act (42 U.S.C. 7132(b)) is amend- ergy Organization Act (42 U.S.C. 7132) is fur- the project. The Secretary may reduce or ed to read as follows: eliminate the non-Federal requirement ‘‘(b)(1) There shall be in the Department an ther amended by adding the following at the under this subsection if the Secretary deter- Under Secretary for Energy and Science, end: ‘‘(d) There shall be in the Department an mines that the research and development is who shall be appointed by the President, by of a basic or fundamental nature. Under Secretary, who shall be appointed by and with the advice and consent of the Sen- the President, by and with the advice and (b) DEMONSTRATION AND DEPLOYMENT.—For ate. The Under Secretary shall be com- demonstration and technology deployment consent of the Senate, and who shall perform pensated at the rate provided for at level III such functions and duties as the Secretary activities funded from appropriations au- of the Executive Schedule under section 5314 thorized under subtitles A through D of title shall prescribe, consistent with this section. of title 5, United States Code. The Under Secretary shall be compensated XII, the Secretary shall require a commit- ‘‘(2) The Under Secretary for Energy and ment from non-federal sources of at least 50 at the rate provided for level III of the Exec- Science shall be appointed from among per- utive Schedule under section 5314 of title 5, percent of the costs of the project directly sons who— and specifically related to any demonstra- United States Code. ‘‘(A) have extensive background in sci- ‘‘(e) There shall be in the Department a tion or technology deployment activity. The entific or engineering fields; and General Counsel, who shall be appointed by Secretary may reduce or eliminate the non- ‘‘(B) are well qualified to manage the civil- the President, by and with the advice and federal requirement under this subsection if ian research and development programs of consent of the Senate. The General Counsel the Secretary determines that the reduction the Department of Energy. shall be compensated at the rate provided for is necessary and appropriate considering the ‘‘(3) The Under Secretary for Energy and level IV of the Executive Schedule under sec- technological risks involved in the project Science shall— tion 5315 of title 5, United States Code.’’. and is necessary to meet one or more goals ‘‘(A) serve as the Science and Technology (2) Section 5314 of title 5, United States of this title. Advisor to the Secretary; Code, is amended by striking ‘‘Under Secre- (c) CALCULATION OF AMOUNT.—In calcu- ‘‘(B) monitor the Department’s research taries of Energy (2)’’ and inserting ‘‘Under lating the amount of the non-Federal com- and development programs in order to advise Secretaries of Energy (3)’’. mitment under subsection (a) or (b), the Sec- the Secretary with respect to any undesir- (3) Section 5315 of title 5, United States retary shall include cash, personnel, serv- able duplication or gaps in such programs; Code, is amended by— ices, equipment, and other resources. ‘‘(C) advise the Secretary with respect to (A) striking ‘‘Director, Office of Science, SEC. 1404. MERIT REVIEW OF PROPOSALS. the well-being and management of the multi- Department of Energy.’’; and Awards of funds authorized under title XII, purpose laboratories under the jurisdiction (B) striking ‘‘Assistant Secretaries of En- subtitle A of title XIII, and title XV shall be of the Department; ergy (6)’’ and inserting ‘‘Assistant Secre- made only after an independent review of the ‘‘(D) advise the Secretary with respect to taries of Energy (8)’’. scientific and technical merit of the pro- education and training activities required (4) The table of contents for the Depart- posals for such awards has been made by the for effective short- and long-term basic and ment of Energy Organization Act (42 U.S.C. Department of Energy. applied research activities of the Depart- 7101 note) is amended— SEC. 1405. EXTERNAL TECHNICAL REVIEW OF DE- ment; (A) by striking ‘‘Section 209’’ and inserting PARTMENTAL PROGRAMS. ‘‘(E) advise the Secretary with respect to ‘‘Sec. 209’’; (a) NATIONAL ENERGY RESEARCH AND DE- grants and other forms of financial assist- (B) by striking ‘‘213.’’ and inserting ‘‘Sec. VELOPMENT ADVISORY BOARDS.—(1) The Sec- ance required for effective short- and long- 213.’’; retary shall establish an advisory board to term basic and applied research activities of (C) by striking ‘‘214.’’ and inserting ‘‘Sec. oversee Department research and develop- the Department; and 214.’’; ment programs in each of the following ‘‘(F) exercise authority and responsibility (D) by striking ‘‘215.’’ and inserting ‘‘Sec. areas— over Assistant Secretaries carrying out en- 215.’’; and (A) energy efficiency; ergy research and development and energy (E) by striking ‘‘216.’’ and inserting ‘‘Sec. (B) renewable energy; technology functions under sections 203 and 216.’’. (C) fossil energy; 209, as well as other elements of the Depart- SEC. 1407. IMPROVED COORDINATION OF TECH- (D) nuclear energy; and ment assigned by the Secretary. NOLOGY TRANSFER ACTIVITIES. (E) climate change technology, with em- (b) RECONFIGURATION OF POSITION OF DIREC- (a) TECHNOLOGY TRANSFER COORDINATOR.— phasis on integration, collaboration, and TOR OF THE OFFICE OF SCIENCE.—Section 209 The Secretary shall appoint a Technology other special features of the cross-cutting of the Department of Energy Organization Transfer Coordinator to perform oversight of technologies supported by the Office of Cli- Act (41 U.S.C. 7139) is amended to read as fol- and policy development for technology mate Change Technology. lows— transfer activities at the Department. The (2) The Secretary may designate an exist- ‘‘(a) There shall be within the Department Technology Transfer Coordinator shall co- ing advisory board within the Department to an Office of Science, to be headed by an As- ordinate the activities of the Technology fulfill the responsibilities of an advisory sistant Secretary of Science, who shall be Partnerships Working Group, and shall over- board under this subsection, or may enter appointed by the President, by and with the see the expenditure of funds allocated to the into appropriate arrangements with the Na- advice and consent of the Senate, and who Technology Partnership Working Group.

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(b) TECHNOLOGY PARTNERSHIP WORKING section or outside the project’s scope of work Congress on whether the Technology Infra- GROUP.—The Secretary shall establish a shall be credited toward the costs paid by structure Program should be continued and, Technology Partnership Working Group, the non-Federal sources to the project. if so, how the program should be managed. which shall consist of representatives of the (3) COMPETITIVE SELECTION.—All projects in (g) DEFINITIONS.—In this section: National Laboratories and single-purpose re- which a party other than the Department, a (1) TECHNOLOGY CLUSTER.—The term ‘‘tech- search facilities, to— National Laboratory, or a single-purpose re- nology cluster’’ means a concentration of— (1) coordinate technology transfer activi- search facility receives funding under this (A) technology-related business concerns; ties occurring at National Laboratories and section shall, to the extent practicable, be (B) institutions of higher education; or single-purpose research facilities; competitively selected by the National Lab- (C) other nonprofit institutions, (2) exchange information about technology oratory or facility using procedures deter- that reinforce each other’s performance in transfer practices; and mined to be appropriate by the Secretary. the areas of technology development through (3) develop and disseminate to the public (4) ACCOUNTING STANDARDS.—Any partici- formal or informal relationships. and prospective technology partners infor- pant that receives funds under this section, (2) TECHNOLOGY-RELATED BUSINESS CON- mation about opportunities and procedures other than a National Laboratory or single- CERN.—The term ‘‘technology-related busi- for technology transfer with the Depart- purpose research facility, may use generally ness concern’’ means a for-profit corpora- ment. accepted accounting principles for maintain- tion, company, association, firm, partner- SEC 1408. TECHNOLOGY INFRASTRUCTURE PRO- ing accounts, books, and records relating to ship, or small business concern that— GRAM. the project. (A) conducts scientific or engineering re- (a) ESTABLISHMENT.—The Secretary shall (5) LIMITATIONS.—No Federal funds shall be search, made available under this section for— establish a Technology Infrastructure Pro- (B) develops new technologies, gram in accordance with this section. (A) construction; or (C) manufactures products based on new (b) PURPOSE.—The purpose of the Tech- (B) any project for more than five years. technologies, or nology Infrastructure Program shall be to (e) SELECTION CRITERIA.— (D) performs technological services. improve the ability of National Laboratories (1) THRESHOLD FUNDING CRITERIA.—The Sec- or single-purpose research facilities to sup- retary shall allocate funds under this section (h) AUTHORIZATION OF APPROPRIATIONS.— port departmental missions by— only if the Director of the National Labora- There are authorized to be appropriated to (1) stimulating the development of tech- tory or single-purpose research facility man- the Secretary for activities under this sec- nology clusters that can support depart- aging the project determines that the project tion $10,000,000 for each of fiscal years 2003 mental missions at the National Labora- is likely to improve the ability of the Na- and 2004. tories or single-purpose research facilities; tional Laboratory or single-purpose research SEC. 1409. SMALL BUSINESS ADVOCACY AND AS- (2) improving the ability of National Lab- facility to achieve technical success in meet- SISTANCE. oratories or single-purpose research facili- ing departmental missions. (a) SMALL BUSINESS ADVOCATE.—The Sec- ties to leverage and benefit from commercial (2) ADDITIONAL CRITERIA.—The Secretary retary shall require the Director of each Na- research, technology, products, processes, shall require the Director of the National tional Laboratory, and may require the Di- and services; and Laboratory or single-purpose research facil- rector of a single-purpose research facility, (3) encouraging the exchange of scientific ity managing a project under this section to to appoint a small business advocate to— and technological expertise between Na- consider the following criteria in selecting a (1) increase the participation of small busi- tional Laboratories or single-purpose re- project to receive Federal funds— ness concerns, including socially and eco- search facilities and— (A) the potential of the project to succeed, nomically disadvantaged small business con- (A) institutions of higher education, based on its technical merit, team members, cerns, in procurement, collaborative re- (B) technology-related business concerns, management approach, resources, and search, technology licensing, and technology (C) nonprofit institutions, and project plan; transfer activities conducted by the National (D) agencies of State, tribal, or local gov- (B) the potential of the project to promote Laboratory or single-purpose research facil- ernments, that can support departmental the development of a commercially sustain- ity; missions at the National Laboratories and able technology cluster, which will derive (2) report to the Director of the National single-purpose research facilities. most of the demand for its products or serv- Laboratory or single-purpose research facil- (c) PROJECTS.—The Secretary shall author- ices from the private sector, and which will ity on the actual participation of small busi- ize the Director of each National Laboratory support departmental missions at the par- ness concerns in procurement and collabo- or facility to implement the Technology In- ticipating National Laboratory or single- rative research along with recommenda- frastructure Program at such National Lab- purpose research facility; tions, if appropriate, on how to improve par- oratory or single-purpose research facility (C) the potential of the project to promote ticipation; through projects that meet the requirements the use of commercial research, technology, (3) make available to small business con- of subsections (d) and (e). products, processes, and services by the par- cerns training, mentoring, and clear, up-to- (d) PROGRAM REQUIREMENTS.—Each project ticipating National Laboratory or single- date information on how to participate in funded under this section shall meet the fol- purpose research facility to achieve its de- the procurement and collaborative research, lowing requirements: partmental mission or the commercial devel- including how to submit effective proposals; (1) MINIMUM PARTICIPANTS.—Each project opment of technological innovations made at (4) increase the awareness inside the Na- shall at a minimum include— the participating National Laboratory or tional Laboratory or single-purpose research (A) a National Laboratory or single-pur- single-purpose research facility; facility of the capabilities and opportunities pose research facility; and (D) the commitment shown by non-Federal presented by small business concerns; and (B) one of the following entities— organizations to the project, based primarily (5) establish guidelines for the program (i) a business, on the nature and amount of the financial under subsection (b) and report on the effec- (ii) an institution of higher education, and other resources they will risk on the tiveness of such program to the Director of (iii) a nonprofit institution, or project; the National Laboratory or single-purpose (iv) an agency of a State, local, or tribal (E) the extent to which the project in- research facility. government. volves a wide variety and number of institu- (b) ESTABLISHMENT OF SMALL BUSINESS AS- (2) COST SHARING.— tions of higher education, nonprofit institu- SISTANCE PROGRAM.—The Secretary shall re- (A) MINIMUM AMOUNT.—Not less than 50 tions, and technology-related business con- quire the Director of each National Labora- percent of the costs of each project funded cerns that can support the missions of the tory, and may require the director of a sin- under this section shall be provided from participating National Laboratory or single- gle-purpose research facility, to establish a non-Federal sources. purpose research facility and that will make program to provide small business con- (B) QUALIFIED FUNDING AND RESOURCES.— substantive contributions to achieving the cerns— (i) The calculation of costs paid by the goals of the project; (1) assistance directed at making them non-Federal sources to a project shall in- (F) the extent of participation in the more effective and efficient subcontractors clude cash, personnel, services, equipment, project by agencies of State, tribal, or local or suppliers to the National Laboratory or and other resources expended on the project. governments that will make substantive single-purpose research facility; or (ii) Independent research and development contributions to achieving the goals of the (2) general technical assistance, the cost of expenses of government contractors that project; which shall not exceed $10,000 per instance of qualify for reimbursement under section 31– (G) the extent to which the project focuses assistance, to improve the small business 205–18(e) of the Federal Acquisition Regula- on promoting the development of tech- concern’s products or services. tions issued pursuant to section 25(c)(1) of nology-related business concerns that are (c) USE OF FUNDS.—None of the funds ex- the Office of Federal Procurement Policy small business concerns or involves such pended under subsection (b) may be used for Act (41 U.S.C. 421(c)(1)) may be credited to- small business concerns substantively in the direct grants to the small business concerns. wards costs paid by non-Federal sources to a project; and (d) DEFINITIONS.—In this section: project, if the expenses meet the other re- (H) such other criteria as the Secretary de- (1) SMALL BUSINESS CONCERN.—The term quirements of this section. termines to be appropriate. ‘‘small business concern’’ has the meaning (iii) No funds or other resources expended (f) REPORT TO CONGRESS.—Not later than given such term in section 3 of the Small either before the start of a project under this January 1, 2004, the Secretary shall report to Business Act (15 U.S.C. 632).

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(2) SOCIALLY AND ECONOMICALLY DISADVAN- (1) conduct a study on the obstacles to ac- nized apprenticeship programs and other em- TAGED SMALL BUSINESS CONCERNS.—The term celerating the innovation cycle for energy ployee-based training organizations as the ‘‘socially and economically disadvantaged technology, and Secretary considers appropriate. small business concerns’’ has the meaning (2) report to the Congress recommenda- (c) DEFINITION.—For purposes of this sec- given such term in section 8(a)(4) of the tions for shortening the cycle of research, tion, the term ‘‘skilled technical personnel’’ Small Business Act (15 U.S.C. 637(a)(4)). development, and deployment. means journey and apprentice level workers SEC. 1410. OTHER TRANSACTIONS. SEC. 1413. REPORT ON TECHNOLOGY READINESS who are enrolled in or have completed a (a) IN GENERAL.—Section 646 of the Depart- AND BARRIERS TO TECHNOLOGY state or federally recognized apprenticeship ment of Energy Organization Act (42 U.S.C. TRANSFER. program and other skilled workers in energy 7256) is amended by adding at the end the fol- (a) IN GENERAL.—The Secretary, acting technology industries. lowing: through the Technology Partnership Work- (d) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(g) OTHER TRANSACTIONS AUTHORITY.—(1) ing Group and in consultation with rep- From amounts authorized under section In addition to other authorities granted to resentatives of affected industries, univer- 1241(c), there are authorized to be appro- the Secretary to enter into procurement con- sities, and small business concerns, shall— priated to the Secretary for activities under tracts, leases, cooperative agreements, (1) assess the readiness for technology this section such sums as may be necessary grants, and other similar arrangements, the transfer of energy technologies developed for each fiscal year. Secretary may enter into other transactions through projects funded from appropriations SEC. 1502. POSTDOCTORAL AND SENIOR RE- with public agencies, private organizations, authorized under subtitles A through D of SEARCH FELLOWSHIPS IN ENERGY or persons on such terms as the Secretary title XIV, and RESEARCH. may deem appropriate in furtherance of (2) identify barriers to technology transfer (a) POSTDOCTORAL FELLOWSHIPS.—The Sec- basic, applied, and advanced research func- and cooperative research and development retary shall establish a program of fellow- tions now or hereafter vested in the Sec- agreements between the Department or a ships to encourage outstanding young sci- retary. Such other transactions shall not be National Laboratory and a non-federal per- entists and engineers to pursue postdoctoral subject to the provisions of section 9 of the son; and research appointments in energy research Federal Nonnuclear Energy Research and (3) make recommendations for administra- and development at institutions of higher Development Act of 1974 (42 U.S.C. 5908). tive or legislative actions needed to reduce education of their choice. In establishing a ‘‘(2)(A) The Secretary of Energy shall en- or eliminate such barriers. program under this subsection, the Sec- sure that— (b) REPORT.—The Secretary provide a re- retary may enter into appropriate arrange- ‘‘(i) to the maximum extent practicable, no port to Congress and the President on activi- ments with the National Academy of transaction entered into under paragraph (1) ties carried out under this section not later Sciences to help administer the program. provides for research that duplicates re- than one year after the date of enactment of (b) DISTINGUISHED SENIOR RESEARCH FEL- search being conducted under existing pro- this section, and shall update such report on LOWSHIPS.—The Secretary shall establish a grams carried out by the Department of En- a biennial basis, taking into account program of fellowships to allow outstanding ergy; and progress toward eliminating barriers to tech- senior researchers in energy research and de- ‘‘(ii) to the extent that the Secretary de- nology transfer identified in previous reports velopment and their research groups to ex- termines practicable, the funds provided by under this section. plore research and development topics of the Government under a transaction author- TITLE XV—PERSONNEL AND TRAINING their choosing for a fixed period of time. ized by paragraph (1) do not exceed the total SEC. 1501. WORKFORCE TRENDS AND Awards under this program shall be made on amount provided by other parties to the TRAINEESHIP GRANTS. the basis of past scientific or technical ac- transaction. (a) WORKFORCE TRENDS.— complishment and promise for continued ac- ‘‘(B) A transaction authorized by para- (1) MONITORING.—The Secretary of Energy complishment during the period of support, graph (1) may be used for a research project (in this title referred to as the ‘‘Secretary’’), which shall not be less than 3 years. when the use of a standard contract, grant, acting through the Administrator of the En- (c) AUTHORIZATION OF APPROPRIATIONS.— or cooperative agreement for such project is ergy Information Administration, in con- From amounts authorized under section not feasible or appropriate. sultation with the Secretary of Labor, shall 1241(c), there are authorized to be appro- ‘‘(3)(A) The Secretary shall not disclose monitor trends in the workforce of skilled priated to the Secretary for activities under any trade secret or commercial or financial technical personnel supporting energy tech- this section such sums as may be necessary information submitted by a non-Federal en- nology industries, including renewable en- for each fiscal year. tity under paragraph (1) that is privileged ergy industries, companies developing and SEC. 1503. TRAINING GUIDELINES FOR ELECTRIC and confidential. commercializing devices to increase energy- ENERGY INDUSTRY PERSONNEL. ‘‘(B) The Secretary shall not disclose, for efficiency, the oil and gas industry, nuclear (a) MODEL GUIDELINES.—The Secretary five years after the date the information is power industry, the coal industry, and other shall, in cooperation with electric genera- received, any other information submitted industrial sectors as the Secretary may tion, transmission, and distribution compa- by a non-Federal entity under paragraph (1), deem appropriate. nies and recognized representatives of em- including any proposal, proposal abstract, (2) ANNUAL REPORTS.—The Administrator ployees of those entities, develop model em- document supporting a proposal, business of the Energy Information Administration ployee training guidelines to support electric plan, or technical information that is privi- shall include statistics on energy industry supply system reliability and safety. leged and confidential. workforce trends in the annual reports of the (b) CONTENT OF GUIDELINES.—The guide- ‘‘(C) The Secretary may protect from dis- Energy Information Administration. lines under this section shall include— closure, for up to five years, any information (3) SPECIAL REPORTS.—The Secretary shall (1) requirements for worker training, com- developed pursuant to a transaction under report to the appropriate committees of Con- petency, and certification, developed using paragraph (1) that would be protected from gress whenever the Secretary determines criteria set forth by the Utility Industry disclosure under section 552(b)(4) of title 5, that significant shortfalls of technical per- Group recognized by the National Skill United States Code, if obtained from a per- sonnel in one or more energy industry seg- Standards Board; and son other than a Federal agency.’’. ments are forecast or have occurred. (2) consolidation of existing guidelines on (b) IMPLEMENTATION.—Not later than six (b) TRAINEESHIP GRANTS FOR TECHNICALLY the construction, operation, maintenance, months after the date of enactment of this SKILLED PERSONNEL.— and inspection of electric supply generation, section, the Department shall establish (1) GRANT PROGRAMS.—The Secretary shall transmission and distribution facilities such guidelines for the use of other transactions. establish grant programs in the appropriate as those established by the National Electric SEC. 1411. MOBILITY OF SCIENTIFIC AND TECH- offices of the Department to enhance train- Safety Code and other industry consensus NICAL PERSONNEL. ing of technically skilled personnel for which standards. Not later than two years after the enact- a shortfall is determined under subsection SEC. 1504. NATIONAL CENTER ON ENERGY MAN- ment of this section, the Secretary, acting (a). AGEMENT AND BUILDING TECH- through the Technology Transfer Coordi- (2) ELIGIBLE INSTITUTIONS.—As determined NOLOGIES. nator under section 1407, shall determine by the Secretary to be appropriate to the The Secretary shall establish a National whether each contractor operating a Na- particular workforce shortfall, the Secretary Center on Energy Management and Building tional Laboratory or single-purpose research shall make grants under paragraph (1) to— Technologies, to carry out research, edu- facility has policies and procedures that do (A) an institution of higher education; cation, and training activities to facilitate not create disincentives to the transfer of (B) a postsecondary educational institu- the improvement of energy efficiency and in- scientific and technical personnel among the tion providing vocational and technical edu- door air quality in industrial, commercial contractor-operated National Laboratories cation (within the meaning given those and residential buildings. The National Cen- or contractor-operated single-purpose re- terms in section 3 of the Carl D. Perkins Vo- ter shall be established in cooperation with— search facilities. cational and Technical Education Act of 1998 (1) recognized representatives of employees SEC. 1412. NATIONAL ACADEMY OF SCIENCES RE- (20 U.S.C. 2302)); in the heating, ventilation, and air condi- PORT. (C) appropriate agencies of State, local, or tioning industry; Within 90 days after the date of enactment tribal governments; or (2) contractors that install and maintain of this Act, the Secretary shall contract (D) joint labor and management training heating, ventilation and air conditioning with the National Academy of Sciences to— organizations with state or federally recog- systems and equipment;

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY February 27, 2002 CONGRESSIONAL RECORD — SENATE S1317 (3) manufacturers of heating, ventilation DIVISION F—TECHNOLOGY ASSESSMENT ‘‘(4) prescribe such rules and regulations as and air-conditioning systems and equipment; AND STUDIES it deems necessary governing the operation (4) representatives of the advanced build- TITLE XVI—TECHNOLOGY ASSESSMENT and organization of the Service. ing envelope industry, including design, win- SEC. 1601. NATIONAL SCIENCE AND TECHNOLOGY ‘‘SEC. 707. BOARD. dows, lighting, and insulation industries; and ASSESSMENT SERVICE. ‘‘The Board shall consist of 13 members as (5) other entities as appropriate. The National Science and Technology Pol- follows— SEC. 1505. IMPROVED ACCESS TO ENERGY-RE- icy, Organization, and Priorities Act of 1976 ‘‘(1) 6 Members of the Senate, appointed by LATED SCIENTIFIC AND TECHNICAL (42 U.S.C. 6601 et seq.) is amended by adding the President pro tempore of the Senate, 3 CAREERS. at the end the following: from the majority party and 3 from the mi- (a) DEPARTMENT OF ENERGY SCIENCE EDU- nority party; ‘‘TITLE VII—NATIONAL SCIENCE AND CATION PROGRAMS.— ‘‘(2) 6 Members of the House of Representa- TECHNOLOGY ASSESSMENT SERVICE Section 3164 of the Department of Energy tives appointed by the Speaker of the House Science Education Enhancement Act (42 ‘‘SEC. 701. ESTABLISHMENT. of Representatives, 3 from the majority U.S.C. 7381a) is amended by adding at the end ‘‘There is hereby created a Science and party and 3 from the minority party; and the following: Technology Assessment Service (hereinafter ‘‘(3) the Director, who shall not be a voting ‘‘(c) PROGRAMS FOR WOMEN AND MINORITY referred to as the ‘Service’), which shall be member. STUDENTS.—In carrying out a program under within and responsible to the legislative ‘‘SEC. 708. REPORT TO CONGRESS. subsection (a), the Secretary shall give pri- branch of the Government. ‘‘The Service shall submit to the Congress ority to activities that are designed to en- ‘‘SEC. 702. COMPOSITION. an annual report which shall include, but not courage women and minority students to ‘‘The Service shall consist of a Science and be limited to, an evaluation of technology pursue scientific and technical careers.’’. Technology Board (hereinafter referred to as assessment techniques and identification, in- (b) PARTNERSHIPS WITH HISTORICALLY the ‘Board’) which shall formulate and pro- sofar as may be feasible, of technological BLACK COLLEGES AND UNIVERSITIES, HIS- mulgate the policies of the Service, and a Di- areas and programs requiring future anal- PANIC-SERVICING INSTITUTIONS, AND TRIBAL rector who shall carry out such policies and ysis. The annual report shall be submitted COLLEGES.—The Department of Energy administer the operations of the Service. not later than March 15 of each year. Science Education Enhancement Act (42 ‘‘SEC. 703. FUNCTIONS AND DUTIES. U.S.C. 7381 et seq.) is amended— ‘‘SEC. 709. AUTHORIZATION OF APPROPRIATIONS. (1) by redesignating sections 3167 and 3168 ‘‘The Service shall coordinate and develop ‘‘There are authorized to be appropriated as sections 3168 and 3169, respectively; and information for Congress relating to the uses to the Service such sums as are necessary to (2) by inserting after section 3166 the fol- and application of technology to address cur- fulfill the requirements of this title.’’. lowing: rent national science and technology policy TITLE XVII—STUDIES issues. In developing such technical assess- ‘‘SEC. 3167. PARTNERSHIPS WITH HISTORICALLY SEC. 1701. REGULATORY REVIEWS. ments for Congress, the Service shall utilize, BLACK COLLEGES AND UNIVER- (a) REGULATORY REVIEWS.—Not later than SITIES, HISPANIC-SERVING INSTITU- to the extent practicable, experts selected in one year after the date of enactment of this TIONS, AND TRIBAL COLLEGES. coordination with the National Research section and every five years thereafter, each ‘‘(a) DEFINITIONS.—In this section: Council. Federal agency shall review relevant regula- ‘‘(1) HISPANIC-SERVING INSTITUTION.—The ‘‘SEC. 704. INITIATION OF ACTIVITIES. tions and standards to identify— term ‘Hispanic-serving institution’ has the ‘‘Science and technology assessment ac- (1) existing regulations and standards that meaning given the term in section 502(a) of tivities undertaken by the Service may be act as barriers to— the Higher Education Act of 1965 (20 U.S.C. initiated upon the request of— (A) market entry for emerging energy 1101a(a)). ‘‘(1) the Chairman of any standing, special, technologies (including fuel cells, combined ‘‘(2) HISTORICALLY BLACK COLLEGE OR UNI- or select committee of either House of the heat and power, distributed power genera- VERSITY.—The term ‘historically Black col- Congress, or of any joint committee of the tion, and small-scale renewable energy), and lege or university’ has the meaning given the Congress, acting for himself or at the request (B) market development and expansion for term ‘part B institution’ in section 322 of the of the ranking minority member or a major- existing energy technologies (including com- Higher Education Act of 1965 (20 U.S.C. 1061). ity of the committee members; bined heat and power, small-scale renewable ‘‘(3) NATIONAL LABORATORY.—The term ‘Na- ‘‘(2) the Board; or energy, and energy recovery in industrial tional Laboratory’ has the meaning given ‘‘(3) the Director. processes), and the term in section 1203 of the Energy ‘‘SEC. 705. ADMINISTRATION AND SUPPORT. (2) actions the agency is taking or could Science and Technology Enhancement Act of ‘‘The Director of the Science and Tech- take to— 2002. nology Assessment Service shall be ap- (A) remove barriers to market entry for ‘‘(4) SCIENCE FACILITY.—The term ‘science pointed by the Board and shall serve for a facility’ has the meaning given the term emerging energy technologies and to market term of 6 years unless sooner removed by the expansion for existing technologies, ‘single-purpose research facility’ in section Board. The Director shall receive basic pay 1401 of the Energy Science and Technology (B) increase energy efficiency and con- at the rate provided for level III of the Exec- servation, or Enhancement Act of 2002. utive Schedule under section 5314 of title 5, ‘‘(5) TRIBAL COLLEGE.—The term ‘tribal col- (C) encourage the use of new and existing United States Code. The Director shall con- lege’ has the meaning given the term ‘trib- processes to meet energy and environmental tract for administrative support from the Li- ally controlled college or university’ in sec- goals. brary of Congress. tion 2(a) of the Tribally Controlled College (b) REPORT TO CONGRESS.—Not later than or University Assistance Act of 1978 (25 ‘‘SEC. 706. AUTHORITY. 18 months after the date of enactment of this ‘‘The Service shall have the authority, U.S.C. 1801(a)). section, and every five years thereafter, the within the limits of available appropriations, ‘‘(b) EDUCATION PARTNERSHIP.— Director of the Office of Science and Tech- ‘‘(1) IN GENERAL.—The Secretary shall di- to do all things necessary to carry out the nology Policy shall report to the Congress on rect the Director of each National Labora- provisions of this section, including, but the results of the agency reviews conducted tory, and may direct the head of any science without being limited to, the authority to— under subsection (a). facility, to increase the participation of his- ‘‘(1) make full use of competent personnel (c) CONTENTS OF THE REPORT.—The report torically Black colleges or universities, His- and organizations outside the Office, public shall— panic-serving institutions, or tribal colleges or private, and form special ad hoc task (1) identify all regulatory barriers to— in activities that increase the capacity of forces or make other arrangements when ap- (A) the development and commercializa- the historically Black colleges or univer- propriate; tion of emerging energy technologies and sities, Hispanic-serving institutions, or trib- ‘‘(2) enter into contracts or other arrange- processes, and al colleges to train personnel in science or ments as may be necessary for the conduct (B) the further development and expansion engineering. of the work of the Office with any agency or of existing energy conservation technologies ‘‘(2) ACTIVITIES.—An activity under para- instrumentality of the United States, with and processes, graph (1) may include— any State, territory, or possession or any po- (2) actions taken, or proposed to be taken, ‘‘(A) collaborative research; litical subdivision thereof, or with any per- to remove such barriers, and ‘‘(B) a transfer of equipment; son, firm, association, corporation, or edu- (3) recommendations for changes in laws or ‘‘(C) training of personnel at a National cational institution, with or without reim- regulations that may be needed to— Laboratory or science facility; and bursement, without performance or other (A) expedite the siting and development of ‘‘(D) a mentoring activity by personnel at bonds, and without regard to section 3709 of energy production and distribution facilities, a National Laboratory or science facility. the Revised Statutes (41 U.S.C. 51); (B) encourage the adoption of energy effi- ‘‘(c) REPORT.—Not later than 2 years after ‘‘(3) accept and utilize the services of vol- ciency and process improvements, the date of enactment of this section, the untary and uncompensated personnel nec- (C) facilitate the expanded use of existing Secretary shall submit to the Committee on essary for the conduct of the work of the energy conservation technologies, and Science of the House of Representatives and Service and provide transportation and sub- (D) reduce the environmental impacts of the Committee on Energy and Natural Re- sistence as authorized by section 5703 of title energy facilities and processes through sources of the Senate a report on the activi- 5, United States Code, for persons serving transparent and flexible compliance meth- ties carried out under this section.’’. without compensation; and ods.

VerDate Mar 15 2010 21:05 Jan 09, 2014 Jkt 081600 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\2002SENATE\S27FE2.REC S27FE2 mmaher on DSKCGSP4G1 with SOCIALSECURITY S1318 CONGRESSIONAL RECORD — SENATE February 27, 2002 SEC. 1702. ASSESSMENT OF DEPENDENCE OF HA- (7) the extent to which each alternative ruptive incidents affecting critical energy WAII ON OIL. would enhance the reliability of the electric infrastructure. (a) STUDY.—Not later than 60 days after transmission grid and enhance competition (b) REQUIREMENTS.—A program established the enactment of this Act, the Secretary of in the sale of electric energy at wholesale under this section shall— Energy shall initiate a study that assesses within the Northeast Corridor. (1) be undertaken in consultation with the the economic risk posed by the dependence (d) RECOMMENDATIONS.—The study shall advisory committee established under sec- of Hawaii on oil as the principal source of en- recommend the optimal geographic configu- tion 1804; ergy. ration, the optimal technology, the optimal (2) have available to it the scientific and (b) SCOPE OF THE STUDY.—The Secretary engineering design, and the optimal means technical resources of the Department, in- shall assess— of financing for the new system from among cluding resources at a National Laboratory; (1) the short- and long-term threats to the the alternatives considered. economy of Hawaii posed by insecure supply and (e) REPORT.—The Secretary of Energy shall and volatile prices; (3) be consistent with any overall Federal submit the completed study to the Com- (2) the impact on availability and cost of plan for national infrastructure security de- mittee on Energy and Natural Resources of refined petroleum products if oil-fired elec- veloped by the President or his designee. the United States Senate and the Committee tric generation is displaced by other sources; SEC. 1804. ADVISORY COMMITTEE ON ENERGY IN- on Energy and Commerce of the House of (3) the feasibility of increasing the con- FRASTRUCTURE SECURITY. Representatives not later than 270 days after tribution of renewable sources to the overall (a) ESTABLISHMENT.—The Secretary shall the date of enactment of this section. energy requirements of Hawaii; and establish an advisory committee, or utilize (f) DEFINITIONS.—For purposes of this sec- (4) the feasibility of using liquid natural an existing advisory committee within the tion— gas as a source of energy to supplement oil. Department, to advise the Secretary on poli- (1) the term ‘‘Amtrak’’ means the National (c) REPORT.—Not later than 300 days after cies and programs related to the security of the date of enactment of this section, the Railroad Passenger Corporation established U.S. energy infrastructure. under chapter 243 of title 49, United States Secretary shall prepare, in consultation with (b) BALANCED MEMBERSHIP.—The Secretary Code; and appropriate agencies of the State of Hawaii, shall ensure that the advisory committee es- (2) the term ‘‘Northeast Corridor’’ shall industry representatives, and citizen groups, tablished or utilized under subsection (a) has have the meaning given such term under sec- and shall submit to Congress a report detail- a membership with an appropriate balance tion 24102(7) of title 49, United States Code. ing the Secretary’s findings, conclusions, among the various interests related to en- and recommendations. The report shall in- DIVISION G—ENERGY INFRASTRUCTURE ergy infrastructure security, including— clude— SECURITY (1) scientific and technical experts; (1) a detailed analysis of the availability, TITLE XVIII—CRITICAL ENERGY (2) industrial managers; economics, infrastructure needs, and rec- INFRASTRUCTURE (3) worker representatives; ommendations to increase the contribution Subtitle A—Department of Energy Programs (4) insurance companies or organizations; of renewable energy sources to the overall (5) environmental organizations; SEC. 1801. DEFINITIONS. energy requirements of Hawaii; and (6) representatives of State, local, and trib- In this title: (2) a detailed analysis of the use of liquid al governments; and (1) CRITICAL ENERGY INFRASTRUCTURE.— natural gas, including— (7) such other interests as the Secretary (A) IN GENERAL.—The term ‘‘critical energy (A) the availability of supply, may deem appropriate. infrastructure’’ means a physical or cyber- (B) economics, (c) EXPENSES.—Members of the advisory (C) environmental and safety consider- based system or service for— (i) the generation, transmission or dis- committee established or utilized under sub- ations, section (a) shall serve without compensation, (D) technical limitations, tribution of electric energy; or (ii) the production, refining, or storage of and shall be allowed travel expenses, includ- (E) infrastructure and transportation re- ing per diem in lieu of subsistence, at rates quirements, petroleum, natural gas, or petroleum prod- uct— authorized for an employee of an agency (F) siting and facility configurations, in- under subchapter I of chapter 57 of title 5, cluding— the incapacity or destruction of which would United States Code, while away from the (i) onshore and offshore alternatives, and have a debilitating impact on the defense or home or regular place of business of the (ii) environmental and safety consider- economic security of the United States. member in the performance of the duties of ations of both onshore and offshore alter- (B) EXCLUSION.—The term shall not include the committee. natives. a facility that is licensed by the Nuclear SEC. 1805. BEST PRACTICES AND STANDARDS (d) AUTHORIZATION OF APPROPRIATIONS.— Regulatory Commission under section 103 or There are authorized to be appropriated to FOR ENERGY INFRASTRUCTURE SE- 104 b. of the Atomic Energy Act of 1954 (42 CURITY. the Secretary of Energy such sums as may U.S.C. 2133 and 2134(b)). The Secretary, in consultation with the be necessary to carry out the purposes of (2) DEPARTMENT; NATIONAL LABORATORY; advisory committee under section 1804, shall this section. SECRETARY.—The terms ‘‘Department’’, ‘‘Na- enter into appropriate arrangements with SEC. 1703. STUDY OF SITING AN ELECTRIC tional Laboratory’’, and ‘‘Secretary’’ have one or more standard-setting organizations, TRANSMISSION SYSTEM ON AMTRAK the meaning given such terms in section or similar organizations, to assist the devel- RIGHT-OF-WAY. 1203. (a) STUDY.—The Secretary of Energy shall opment of industry best practices and stand- contract with Amtrak to conduct a study of SEC. 1802. ROLE OF THE DEPARTMENT OF EN- ards for security related to protecting crit- ERGY. the feasibility of building and operating a ical energy infrastructure. Section 102 of the Department of Energy new electric transmission system on the Am- Organization Act (42 U.S.C. 7112) is amended Subtitle B—Department of the Interior trak right-of-way in the Northeast Corridor. Programs (b) SCOPE OF THE STUDY.—The study shall by adding at the end the following: focus on siting the new system on the Am- ‘‘(20) To ensure the safety, reliability, and SEC. 1811. OUTER CONTINENTAL SHELF ENERGY trak right-of-way within the Northeastern security of the nation’s energy infrastruc- INFRASTRUCTURE SECURITY. Corridor between Washington, D.C., and New ture, and to respond to any threat to or dis- (a) DEFINITIONS.—In this section: Rochelle, New York, including the Amtrak ruption of such infrastructure, through ac- (1) APPROVED STATE PLAN.—The term ‘‘ap- right-of-way between Philadelphia, Pennsyl- tivities including— proved State plan’’ means a State plan ap- vania and Harrisburg, Pennsylvania. ‘‘(A) research and development; proved by the Secretary under subsection (c) CONTENTS OF THE STUDY.—The study ‘‘(B) financial assistance, technical assist- (c)(3). shall consider— ance, and cooperative activities with States, (2) COASTLINE.—The term ‘‘coastline’’ has (1) alternative geographic configuration of industry, and other interested parties; and the same meaning as the term ‘‘coast line’’ a new electronic transmission system on the ‘‘(C) education and public outreach activi- as defined in subsection 2(c) of the Sub- Amtrak right-of-way; ties.’’. merged Lands Act (43 U.S.C. 1301(c)). (2) alternative technologies for the system; SEC. 1803. CRITICAL ENERGY INFRASTRUCTURE (3) CRITICAL OCS ENERGY INFRASTRUCTURE (3) the estimated costs of building and op- PROGRAMS. FACILITY.—The term ‘‘OCS critical energy in- erating each alternative; (a) PROGRAMS.—In addition to the authori- frastructure facility’’ means— (4) alternative means of financing the sys- ties otherwise provided by law (including (A) a facility located in an OCS Production tem; section 1261), the Secretary is authorized to State or in the waters of such state related (5) the environmental risks and benefits of establish programs of financial, technical, or to the production of oil or gas on the Outer building and operating each alternative as administrative assistance to— Continental Shelf; or well as environmental risks and benefits of (1) enhance the security of critical energy (B) a related facility located in an OCS building and operating the system on the infrastructure in the United States; Production State or in the waters of such Northeast Corridor rather than at other lo- (2) develop and disseminate, in cooperation state that carries out a public service, trans- cations; with industry, best practices for critical en- portation, or infrastructure activity critical (6) engineering and technological obstacles ergy infrastructure assurance; and to the operation of an Outer Continental to building and operating each alternative; (3) protect against, mitigate the effect of, Shelf energy infrastructure facility, as de- and and improve the ability to recover from dis- termined by the Secretary.

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(4) DISTANCE.—The term ‘‘distance’’ means essary public service or transportation ac- (e) CALCULATION.—The amount for each the minimum great circle distance, meas- tivities that are needed to maintain the safe- OCS Production State under paragraph (d)(2) ured in statute miles. ty and operation of critical energy infra- shall be calculated based on the ratio of (5) LEASED TRACT.— structure activities. For purposes of this pro- qualified OCS revenues generated off the (A) IN GENERAL.—The term ‘‘leased tract’’ gram, restoration of any coastal wetland coastline of the OCS Production State to the means a tract that— shall be considered to be an activity that se- qualified OCS revenues generated off the (i) is subject to a lease under section 6 or cures critical OCS energy infrastructure fa- coastlines of all OCS Production States for 8 of the Outer Continental Shelf Lands Act cilities from a natural threat. the prior five-year period. Where there is (43 U.S.C. 1335, 1337) for the purpose of drill- (c) STATE PLANS.— more than one OCS Production State within ing for, developing, and producing oil or nat- (1) INITIAL PLAN.—Not later than 180 days 200 miles of a leased tract, the amount of ural gas resources; and after the date of enactment of this Act, to be each OCS Production State’s payment under (ii) consists of a block, a portion of a eligible to receive funds under the program, paragraph (d)(2) for such leased tract shall be block, a combination of blocks or portions of the Governor of an OCS Production State inversely proportional to the distance be- blocks, or a combination of portions of shall submit to the Secretary a plan to pro- tween the nearest point on the coastline of blocks, as— vide security against hostile and natural such State and the geographic center of each (I) specified in the lease; and threats to critical energy infrastructure fa- leased tract or portion of the leased tract (to (II) depicted on an outer Continental Shelf cilities in the OCS Production State and to the nearest whole mile) that is within 200 official protraction diagram. support any of the necessary public service miles of that coastline, as determined by the (B) EXCLUSION.—The term ‘‘leased tract’’ or transportation activities that are needed Secretary. A leased tract or portion of a does not include a tract described in sub- to maintain the safety and operation of crit- leased tract shall be excluded if the tract or paragraph (A) that is located in a geographic ical energy infrastructure facilities. Such portion is located in a geographic area where area subject to a leasing moratorium on Jan- plan shall include— a moratorium on new leasing was in effect uary 1, 2001, unless the lease was in produc- (A) the name of the State agency that will on January 1, 2001, unless the lease was tion on that date. have the authority to represent and act for issued prior to the establishment of the mor- (6) OCS POLITICAL SUBDIVISION.—The term the State in dealing with the Secretary for atorium and was in production on January 1, ‘‘OCS political subdivision’’ means a county, purposes of this section; 2001. parish, borough or any equivalent subdivi- (B) a program for the implementation of (f) PAYMENTS TO OCS POLITICAL SUBDIVI- sion of an OCS Production State all or part the plan which describes how the amounts SIONS.—Thirty-five percent of each OCS Pro- of which subdivision lies within the coastal provided under this section will be used; duction State’s allocable share as deter- zone (as defined in section 304(1) of the (C) a contact for each OCS political sub- mined under subsection (e) shall be paid di- Coastal Zone Management Act of 1972 (16 division and description of how such polit- rectly to the OCS political subdivisions by U.S.C. 1453(1)). ical subdivisions will use amounts provided the Secretary based on the following for- (7) OCS PRODUCTION STATE.—The term under this section, including a certification mula: ‘‘OCS Production State’’ means the State by the Governor that such uses are con- (1) 25 percent shall be allocated based on of— sistent with the requirements of this section; the ratio of such OCS political subdivision’s (A) Alaska; and population to the population of all OCS po- (B) Alabama; (D) Measures for taking into account other litical subdivisions in the OCS Production (C) California; relevant Federal resources and programs. State. (D) Florida; (2) ANNUAL REVIEWS.—Not later than 1 year (2) 25 percent shall be allocated based on (F) Louisiana; after the date of submission of the plan and the ratio of such OCS political subdivision’s (G) Mississippi; or annually thereafter, the Governor of an OCS coastline miles to the coastline miles of all (H) Texas. Production State shall— OCS political subdivisions in the OCS Pro- (8) PRODUCTION.—The term ‘‘production’’ (A) review the approved State plan; and duction State. For purposes of this sub- has the meaning given the term in section 2 (B) submit to the Secretary any revised section, those OCS political subdivisions of the Outer Continental Shelf Lands Act (43 State plan resulting from the review. without coastlines shall be considered to U.S.C. 1331). (3) APPROVAL OF PLANS.— have a coastline that is the average length of (9) PROGRAM.—The term ‘‘program’’ means (A) IN GENERAL.—In consultation with ap- the coastlines of all political subdivisions in the Outer Continental Shelf Energy Infra- propriate Federal security officials and the the state. structure Security Program established Secretaries of Commerce and Energy, the (3) 50 percent shall be allocated based on under subsection (b). Secretary shall— the relative distance of such OCS political (10) QUALIFIED OUTER CONTINENTAL SHELF (i) approve each State plan; or subdivision from any leased tract used to REVENUES.—The term ‘‘qualified Outer Conti- (ii) recommend changes to the State plan. calculate that OCS Production State’s allo- nental Shelf revenues’’ means all amounts (B) RESUBMISSION OF STATE PLANS.—If the cation using ratios that are inversely propor- received by the United States from each Secretary recommends changes to a State tional to the distance between the point in leased tract or portion of a leased tract lying plan under subparagraph (A)(ii), the Gov- the coastal political subdivision closest to seaward of the zone defined and governed by ernor of the OCS Production State may re- the geographic center of each leased tract or section 8(g) of the Outer Continental Shelf submit a revised State plan to the Secretary portion, as determined by the Secretary. For Lands Act (43 U.S.C. 1331 et seq.), or lying for approval. purposes of the calculations under this sub- within such zone but to which section 8(g) (4) AVAILABILITY OF PLANS.—The Secretary paragraph, a leased tract or portion of a does not apply, the geographic center of shall provide to Congress a copy of each ap- leased tract shall be excluded if the leased which lies within a distance of 200 miles from proved State plan. tract or portion is located in a geographic (5) CONSULTATION AND PUBLIC COMMENT.— any part of the coastline of any State, in- area where a moratorium on new leasing was (A) CONSULTATION.—The Governor of an cluding bonus bids, rents, royalties (includ- in effect on January 1, 2001, unless the lease OCS Production State shall develop the ing payments for royalties taken in kind and was issued prior to the establishment of the State plan in consultation with Federal, sold), net profit share payments, and related moratorium and was in production on Janu- State, and local law enforcement and public late payment interest. Such term does not ary 1, 2001. include any revenues from a leased tract or safety officials, industry, Indian tribes, the (g) FAILURE TO HAVE PLAN APPROVED.— portion of a leased tract that is included scientific community, and other persons as Any amount allocated to an OCS Production within any area of the Outer Continental appropriate. State or OCS political subdivision but not Shelf where a moratorium on new leasing (B) PUBLIC COMMENT.—The Governor of an disbursed because of a failure to have an ap- was in effect as of January 1, 2001, unless the OCS Production State may solicit public proved Plan under this section shall be allo- lease was issued prior to the establishment comments on the State plan to the extent cated equally by the Secretary among all of the moratorium and was in production on that the Governor determines to be appro- other OCS Production States in a manner January 1, 2001. priate. consistent with this subsection except that (d) ALLOCATION OF AMOUNTS BY THE SEC- (11) SECRETARY.—The term ‘Secretary’ the Secretary shall hold in escrow such means the Secretary of the Interior. RETARY.—The Secretary shall allocate the amount until the final resolution of any ap- (12) STATE PLAN.—The term ‘State plan’ amounts made available for the purposes of peal regarding the disapproval of a plan sub- means a State plan described in subsection carrying out the program provided for by mitted under this section. The Secretary (b). this section among OCS Production States may waive the provisions of this paragraph (b) ESTABLISHMENT.—The Secretary shall as follows— and hold an OCS Production State’s allo- establish a program, to be known as the (1) 25 percent of the amounts shall be di- cable share in escrow if the Secretary deter- ‘‘Outer Continental Shelf Energy Infrastruc- vided equally among OCS Production States; mines that such State is making a good faith ture Security Program,’’ under which the and effort to develop and submit, or update, a Secretary shall provide funds to OCS Produc- (2) 75 percent of the amounts shall be di- Plan. tion States to implement approved State vided among OCS Production States on the (h) USE OF AMOUNTS ALLOCATED BY THE plans to provide security against hostile and basis of the proximity of each OCS Produc- SECRETARY.— natural threats to critical OCS energy infra- tion State to offshore locations at which oil (1) IN GENERAL.—Amounts allocated by the structure facilities and support of any nec- and gas are being produced. Secretary under subsection (d) may be used

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only in accordance with a plan approved pur- NATIONAL CREDIT UNION ADMINISTRATION JENNIFER R. RIDER, 0000 JORGE H. ROMERO, 0000 suant to subsection (c) for— DEBORAH MATZ, OF NEW YORK, TO BE A MEMBER OF JEFFREY P. RUDE, 0000 (A) activities to secure critical OCS energy THE NATIONAL CREDIT UNION ADMINISTRATION BOARD VERNOLA A. SCHLEGEL, 0000 infrastructure facilities from human or nat- FOR A TERM EXPIRING AUGUST 2, 2005, VICE GEOFF STEPHEN M. SHREWSBURY, 0000 BACINO, TO WHICH POSITION SHE WAS APPOINTED DUR- JEFFREY J. SLAGLE, 0000 ural threats; and ING THE RECESS OF THE SENATE FROM DECEMBER 20, MARGO A. STONE, 0000 (B) support of any necessary public service 2001, TO JANUARY 23, 2002. MARK S. TESKEY, 0000 KENNETH M. THEURER, 0000 or transportation activities that are needed DEPARTMENT OF STATE to maintain the safety and operation of crit- LISA L. TURNER, 0000 LAWRENCE E. BUTLER, OF MAINE, A CAREER MEMBER DONNA M. VERCHIO, 0000 ical OCS energy infrastructure facilities. OF THE SENIOR FOREIGN SERVICE, CLASS OF COUN- THOMAS R. WILLIAMS II, 0000 (2) RESTORATION OF COASTAL WETLAND.— SELOR, TO BE AMBASSADOR EXTRAORDINARY AND THOMAS F. ZIMMERMAN, 0000 For the purpose of subparagraph (1)(A), res- PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT toration of any coastal wetland shall be con- TO THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA. TO THE GRADE INDICATED IN THE UNITED STATES AIR FORCE UNDER TITLE 10, U.S.C., SECTION 624: sidered to be an activity that secures critical CORPORATION FOR NATIONAL AND COMMUNITY OCS energy infrastructure facilities from a SERVICE To be lieutenant colonel natural threat. J. RUSSELL GEORGE, OF VIRGINIA, TO BE INSPECTOR JOSEPH J. BALAS, 0000 (i) FAILURE TO HAVE USE.—Any amount al- GENERAL, CORPORATION FOR NATIONAL AND COMMU- KATHI O. BECKMAN, 0000 NITY SERVICE, VICE LUISE S. JORDAN, RESIGNED. JOHN M. BEERY, 0000 located to an OCS political subdivision but CHARLES H. BLAKESLEE JR., 0000 not disbursed because of a failure to have a DEPARTMENT OF LABOR DAVID W. BOBB, 0000 CYNTHIA E. BROWN, 0000 qualifying use as described in subsection (h) VICTORIA A. LIPNIC, OF VIRGINIA, TO BE AN ASSIST- JOSEPH D. CALLISTER, 0000 shall be allocated by the Secretary to the ANT SECRETARY OF LABOR, VICE BERNARD E. ANDER- DAVID T. CAREY, 0000 SON. OCS Production State in which the OCS po- CHARLES R. CARLTON JR., 0000 litical subdivision is located except that the NATIONAL FOUNDATION ON THE ARTS AND THE BRIDGET K. CARR, 0000 Secretary shall hold in escrow such amount HUMANITIES CRAIG J. CHRISTENSON, 0000 MICHAEL E. CHULICK, 0000 until the final resolution of any appeal re- NAOMI SHIHAB NYE, OF TEXAS, TO BE A MEMBER OF JEFFREY A. CIGRANG, 0000 garding the use of the funds. THE NATIONAL COUNCIL ON THE HUMANITIES FOR A DAVID COHEN, 0000 (j) COMPLIANCE WITH AUTHORIZED USES.—If TERM EXPIRING JANUARY 26, 2006. (REAPPOINTMENT) RANDALL S. COLLINS, 0000 the Secretary determines that any expendi- JOHN M. DATENA, 0000 CENTRAL INTELLIGENCE CHARLOTTE Y. DAVIS, 0000 ture made by an OCS Production State or an JOHN LEONARD HELGERSON, OF VIRGINIA, TO BE IN- THOMAS P. DEVENOGE, 0000 OCS political subdivision is not consistent SPECTOR GENERAL, CENTRAL INTELLIGENCE AGENCY, RICHARD G. EDDINGTON, 0000 with the uses authorized in subsection (h), VICE L. BRITT SNIDER, RESIGNED. ELLEN C. ENGLAND, 0000 NANCY K. FAGAN, 0000 the Secretary shall not disburse any further IN THE AIR FORCE STEPHEN D. FAIRCHILD, 0000 amounts under this section to that OCS Pro- DAVID M. FARRELL, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT duction State or OCS political subdivision DENNIS W. FAY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR RICARDO GARCIA III, 0000 until the amounts used for the inconsistent FORCE UNDER TITLE 10, U.S.C., SECTION 624: DENISE T. GREEN, 0000 expenditure have been repaid or obligated for To be lieutenant colonel STEPHEN T. GREGOIRE, 0000 authorized uses. KEITH M. GROTH, 0000 DAVID H. CONROY, 0000 (k) RULEMAKING.—The Secretary may pro- SAMUEL D. HALL III, 0000 ALVIS W. HEADEN III, 0000 mulgate such rules and regulations as may THE FOLLOWING NAMED OFFICER FOR APPOINTMENT TO THE GRADE INDICATED IN THE UNITED STATES AIR ANNE P. HEINLY, 0000 be necessary to carry out the purposes of FORCE UNDER TITLE 10, U.S.C., SECTION 624: SANDRA J. HESTER, 0000 this section, including rules and regulations STEVEN R. HINTEN, 0000 To be major WILLIAM V. HOAK, 0000 setting forth an appropriate process for ap- DOUGLAS C. HODGE, 0000 EDWARD A. LAFERTY, 0000 peals. MARIA D. IONESCU, 0000 (l) AUTHORIZATION OF APPROPRIATIONS.— THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT KRISTINE M. KRUMINSLINEHAN, 0000 There are hereby authorized to be appro- TO THE GRADE INDICATED IN THE UNITED STATES AIR PETER T. LAPUMA, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED CYNTHIA L. LEE, 0000 priated $450,000,000 for each of the fiscal BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS TAMMY J. LINDBERG, 0000 years 2003 through 2008 to carry out the pur- 624 AND 531: BAILEY H. MAPP, 0000 poses of this section. To be lieutenant colonel VALERIE E. MARTINDALE, 0000 EUGENE S. MONTANO, 0000 f JOHN W. BAKER, 0000 ALLEN R. NAUGLE, 0000 LONNIE B. BARKER, 0000 GHITIANA M. OATIS, 0000 ORDERS FOR THURSDAY, ALFRED W. BRIDGEMAN, 0000 KEVIN S. PURVIS, 0000 MICHAEL C. COGGINS, 0000 SARA M. RAMIREZ, 0000 FEBRUARY 28, 2002 RICHARD M. * ERIKSON, 0000 DANIEL E. REISER, 0000 Mr. REID. Mr. President, I ask unan- GERALD S. HENRY, 0000 LONDON S. RICHARD, 0000 JOSEPH D. LIM, 0000 MELANIE F. RICHARDSON, 0000 imous consent that when the Senate HARRY P. MATHIS III, 0000 RONALD T. RIPPETOE, 0000 completes its business today, it ad- TIMOTHY M. STURGILL, 0000 KIMBERLY J. ROBINSON, 0000 MICHAEL S. TINNON, 0000 LAURA J. ROSAMOND, 0000 journ until the hour of 10:30 a.m., JOSEPH P. M. VU, 0000 KENNETH R. RUSSELL JR., 0000 Thursday, February 28; that following MICHAEL J. WEBER, 0000 CHERYL S. SCAGLIONE, 0000 the prayer and the pledge, the Journal DAVID E. WILSHEK, 0000 ERIC A. SHALITA, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT MARK E. SMALLWOOD, 0000 of proceedings be approved to date, the TO THE GRADE INDICATED IN THE UNITED STATES AIR JEANNE K. SMITH, 0000 morning hour be deemed expired, the FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED LISA SMITH, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS LAURA R.P. STAHL, 0000 time for the two leaders be reserved for 624 AND 531: BRIAN K. STANTON, 0000 FRED P. STONE, 0000 their use later in the day, and there be To be lieutenant colonel JAY M. STONE, 0000 a period of morning business until 11 WADE H. WEISMAN JR., 0000 AMY J. ALTEMUS, 0000 ANDREW P. WIDGER, 0000 a.m. with Senators permitted to speak MICHAEL J. ANDERSEN, 0000 ROBERT W. WISHTISCHIN, 0000 for up to 10 minutes each; further, at 11 SARITHA R. ANJILVEL, 0000 MARK C. WROBEL, 0000 KENNETH A. ARNOLD, 0000 a.m., the Senate resume consideration RENEE T. BENNETT, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DONNIE W. BETHEL, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR of the election reform bill. FORCE UNDER TITLE 10, U.S.C., SECTION 624: The PRESIDING OFFICER. Without JAMES C. BUCKELS, 0000 JAMES R. CANTRALL, 0000 To be lieutenant colonel objection, it is so ordered. GUILLERMO R. CARRANZA, 0000 DAVID S. CASTRO, 0000 MICHELLE D. ADAMS, 0000 f LOUIS J. CHERRY, 0000 BRIAN D. ANDERSON, 0000 KERIC B.O. CHIN, 0000 MICHAEL E. BAGWELL, 0000 ADJOURNMENT UNTIL TOMORROW DOUGLAS P. CORDOVA, 0000 LISTA M. BENSON, 0000 THOMAS J. COUTURE, 0000 THOMAS M. BERGMANN, 0000 Mr. REID. Mr. President, I believe DAVID S. DALES, 0000 JEFFREY P. BLISE, 0000 there is no further business to come be- EDWIN H. DANIEL JR., 0000 JOYCE K. BORGFELD, 0000 RICHARD D. DESMOND, 0000 ALLISON W. BOWDEN, 0000 fore the Senate this evening. There- DAVID J. DUSSEAU, 0000 GLORIA S. BOWDEN, 0000 fore, I ask unanimous consent the Sen- STEVEN J. EHLENBECK, 0000 CYNTHIA H. BRADLEY, 0000 RUPINDER S. GILL, 0000 PATRICIA A. BROWN, 0000 ate stand in adjournment under the THOMAS J. HELGET, 0000 DARLENE R. BRUNNER, 0000 previous order. TERESA K. HOLLINGSWORTH, 0000 MARLA D. BUCKLES, 0000 GARY M. JACKSON, 0000 RALPH T. BUDDEMEYER JR., 0000 There being no objection, the Senate, JOSEPH D. JACOBSON, 0000 ELAINA L. CAMPBELL, 0000 at 6:15 p.m., adjourned until Thursday, CHARLIE M. JOHNSONWRIGHT, 0000 JEANNE L. CAMPSIE, 0000 February 28, 2002, at 10:30 a.m. PHILLIP J. KAUFFMAN, 0000 LILLY B. CHRISMAN, 0000 DAVID A.G. KENDRICK, 0000 LESLIE M. CLARAVALL, 0000 f PETER R. MARKSTEINER, 0000 DEBORAH A. CLEARY, 0000 CHRISTOPHER A. * MATHEWS, 0000 STEPHANIE A. CONDRON, 0000 MICHAEL L. MCINTYRE, 0000 GRETCHEN A. CUSACK, 0000 NOMINATIONS CRAIG G. MILLER, 0000 JUDITH M. DALY, 0000 Executive nominations received by JAY W. MOUNKES, 0000 TAMY D. DE LEON, 0000 JEFFREY S. PALMER, 0000 LORENE R.A. DEHAARTE, 0000 the Senate February 27, 2002: PERRY J. PELOQUIN, 0000 DIANE L. DEYAK, 0000

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DOROTHY E. DIZMANG, 0000 EDWARD A. ARRINGTON, 0000 BONNIE R. BURCKEL, 0000 LESLIE K. DROEGE, 0000 WILLIAM H. ARRINGTON III, 0000 THORNTON W. BURGESS, 0000 RICHARD H. EAVES, 0000 MITCHELL B. ASHMORE, 0000 EDWIN I. BURKHART, 0000 MARILEE L. EDWARDS, 0000 ROBERT T. ATKINS, 0000 WILLIAM E. BURTON JR., 0000 JOYCELYN ELAIHO, 0000 DONALD L. ATKINSON, 0000 TIMOTHY E. BUSH, 0000 HARRIET ERICKSON, 0000 KORVIN D. AUCH, 0000 JEFFREY T. BUTLER, 0000 GLENN R. ERMER, 0000 JAMES R. AUCLAIR, 0000 RICHARD J. BUTLER, 0000 JOSE A. ESTELA JR., 0000 CHRISTOPHER S. AUSTIN, 0000 JOHN B. BYRD, 0000 THOMAS J. EVANS, 0000 LAWRENCE M. AVERBECK, 0000 CRAIG D. CADY, 0000 BETH A. EWING, 0000 DAVID P. AVERY, 0000 GREGORY B. CAICEDO, 0000 JOHN R. EWING, 0000 JOHN F. AX, 0000 TIMOTHY TY CALDERWOOD, 0000 MATTHEW A. FAGERT, 0000 JAY C. BACHHUBER, 0000 SCOTT R. CALISTI, 0000 TOMMI L. GILL, 0000 FREDERICK C. BACON, 0000 DANIEL L. CALKINS, 0000 KATRINA A. GLAVAN, 0000 PETER C. BAHM, 0000 JAMES E. CALNAN, 0000 JORGE L. GOMEZDIAZ, 0000 THOMAS M. BAILEY, 0000 MARK D. CAMERER, 0000 CARLA K. GRAVES, 0000 CALVIN D. BALL, 0000 CRAIG P. CAMPBELL, 0000 ANN K. HAKENSON, 0000 LLOYD A. BALLARD, 0000 ROBERT C. CAMPBELL JR., 0000 LAURIE A. HALL, 0000 MARTIN P. BALUS, 0000 CHRISTOPHER L. CANADA, 0000 VIVIAN C. HARRIS, 0000 JOHN D. BANSEMER, 0000 WAYNE A. CANIPE, 0000 SUSAN L. HEGLAR, 0000 CHRIS BARGERY, 0000 FELIX A. CAPALUNGAN, 0000 DONNA M. HEITER, 0000 CASSIE B. BARLOW, 0000 JOHN T. CAPPELLO, 0000 JANE C. HENDRICKS, 0000 BRADFORD R. * BARNETT, 0000 JAMES C. CARDINAL, 0000 MARY M. HIGGINS, 0000 EDWARD C. BARON, 0000 JAMES L. CARDOSO, 0000 MARK S. HOLLAND, 0000 SAM C. BARRETT, 0000 PATRICIA M. CARPENTER, 0000 PATRICIA HUGHES, 0000 SUMMER E. BARTCZAK, 0000 MARK T. CARROLL, 0000 ELLIS R. JACKSON, 0000 RICHARD C. BARTON, 0000 AARON G. CARTER, 0000 ANDREW J. JORGENSEN, 0000 RICHARD M. BASAK, 0000 JOHN A. CARTER, 0000 JUDITH A. KINCAID, 0000 ALISON M. BASINGER, 0000 RICKY E. CARTER, 0000 KAREN M. KINNE, 0000 LORI M. BASS, 0000 SUSAN M. CASTRO, 0000 MAUREEN A. KOCH, 0000 TERENCE P. BAUGH, 0000 RICHARD R. CASTROP, 0000 BARBARA L. KUHN, 0000 CATHERINE A. BAUM, 0000 GREG M. CAYON, 0000 MOLLY J. KUSIK, 0000 T. W. BEAGLE JR., 0000 MICHAEL J. CHANDLER, 0000 BRIDGET L. LAREW, 0000 JOSEPH V. BEALKOWSKI JR., 0000 DAVID A. CHAPMAN, 0000 MARYBETH S. LENZ, 0000 CHARLES L. BEAMES, 0000 THOMAS N. CHEATHAM, 0000 BARBARA J. LIPPARD, 0000 SETH BEAUBIEN, 0000 JOHN A. CHERREY, 0000 ROBERT J. MARKS, 0000 ARTHUR F. BEAUCHAMP, 0000 BRIAN K. CHESHER, 0000 BARBARA M. MASON, 0000 NICKY L. BECKWITH, 0000 THOMAS J. CHIAVACCI, 0000 WILLIAM P. BEDESEM, 0000 TAMARA S. MATTER, 0000 CATHERINE M. CHIN, 0000 DAVID B. BEEN, 0000 GREGORY M. CHRIST, 0000 CATHERINE F. MATTIE, 0000 TODD P. BEER, 0000 KEL O. CHRISTIANSON, 0000 EUGENE A. MCADOO, 0000 MARK T. BEIERLE, 0000 GREGORY A. CHURCH, 0000 SHAE MCCOMAS, 0000 JAMES J. BEISSNER, 0000 DAVID P. CIENSKI, 0000 IVONNE Q. MUEHLENWEG, 0000 ANDREW E. BELKO II, 0000 SCOTT A. CILLEY, 0000 CORINNE O’MEARA NAUGHTON, 0000 DAVID E. BELL, 0000 STEVEN E. CLAPP, 0000 WILLIAM R. OSBORNE, 0000 RICHARD L. BELL, 0000 AARON J. CLARK, 0000 KELLY R. PRESTON, 0000 LYLE A. BELLEQUE, 0000 JOSEPH M. CLARK, 0000 CHERYL A. REILLY, 0000 RONALD A. BELYAN, 0000 KAREN S. CLARK, 0000 CATHERINE A. RICE, 0000 ERNESTO V. BENAVIDES, 0000 MICHAEL P. CLARK, 0000 MARY E. ROBINSON, 0000 GARY D. BENEDETTO, 0000 PAUL CLARKE, 0000 SHERRY J. SASSER, 0000 FRANK K. BENJAMIN, 0000 ROBERT S. CLARKE, 0000 REBECCA SCHLICK, 0000 JOHN T. BENJAMIN, 0000 ALISON E. CLAY, 0000 DENISE R. SCHRADER, 0000 MARK R. BENZ, 0000 BYRON K. CLAY, 0000 CHRISTINE R. SINKULA, 0000 CHRISTOPHER J. BERGER, 0000 JAMES J. CLAY, 0000 PATRICIA A. SKELTON, 0000 ANDERS P. BERGMANN, 0000 BRUCE A. CLAYPOOL, 0000 BEVERLY J. SMITH, 0000 JOHN R. BERNIER, 0000 TED B. CLEMENTS JR., 0000 DELAINE R. SMITH, 0000 JAMES C. BERRES, 0000 SARAH B. CLIATT, 0000 ROBERT R. SMITH, 0000 JUAN R. BERRIOSVAZQUEZ, 0000 MARK E. CLINE, 0000 STEPHANIE D. SMITH, 0000 BRIAN D. BERRY, 0000 JONATHAN C. CLOUGH, 0000 ANNE C. SPROUL, 0000 HARRY A. BERRY, 0000 JERRY R. COATS, 0000 ROBIN E. SQUELLATI, 0000 JOSEPH J. BESSELMAN III, 0000 ALFORD C. COCKFIELD, 0000 BRENDA J. STRAND, 0000 MARY E. BIGGS, 0000 LAVANSON C. COFFEY III, 0000 CECELIA W. SUTTON, 0000 JOHN D. BIRD II, 0000 JOHN T. COFFINDAFFER, 0000 KELLI J. B. THOMAS, 0000 GEORGE W. BIRSIC IV, 0000 DAVID M. COHEN, 0000 SANDRA C. TYNES, 0000 JEB S. BISHOP, 0000 ROBERT H. COLE, 0000 RICK L. WADE, 0000 SCOTT C. BISHOP, 0000 CYNTHIA B. COLIN, 0000 ROSEANNE C. WARNER, 0000 WILLIAM W. BISHOP JR., 0000 JOHN E. COLLETTA, 0000 WENDY J. WARNER, 0000 ROBERT C. BLACK, 0000 PETER J. COLLINS, 0000 KAREN L. WEIS, 0000 STEVEN G. BLACKWELL, 0000 JOHN M. COLOMBI, 0000 CAROL L. WESTFALL, 0000 JAMES E. BLACKWOOD, 0000 JOSE E. COLON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT JAMES N. BLAIR, 0000 DOUGLAS C. COMBS, 0000 TO THE GRADE INDICATED IN THE UNITED STATES AIR JEFFREY A. BLANK, 0000 JAMES P. COMBS, 0000 FORCE AND FOR REGULAR APPOINTMENT (IDENTIFIED ANTHONY L. BLAYLOCK, 0000 EDWARD S. CONANT, 0000 BY AN ASTERISK (*)) UNDER TITLE 10, U.S.C., SECTIONS SCOTT C. BLUM, 0000 CHRISTOPHER CONAWAY, 0000 624 AND 531: JOHN V. BODE II, 0000 DAVID H. CONN, 0000 To be lieutenant colonel JAMES T. BOLLES, 0000 LYNN F. CONNETT, 0000 RICHARD W. BOLTZ, 0000 KEVIN D. CONRAD, 0000 ROBERT K. ABERNATHY, 0000 JOSEPH M. BOND, 0000 STANLEY K. CONTRADES, 0000 EMIL E. ABRAHAM, 0000 GARY J. BONTLY, 0000 SEBASTIAN M. CONVERTINO, 0000 WILLIAM P. ACKER JR., 0000 JEFFREY EUGENE BORG, 0000 CHRISTOPHER D. COOK, 0000 CHRISTOPHER F. ACKERSON, 0000 STACY M. BOUDREAUX, 0000 DAVID LYNN COOPER, 0000 JOHN P. ADAMO, 0000 SCOTT C. BOWEN, 0000 DEANNA L. COOPER, 0000 BRENT ADAMS, 0000 VICTORIA L. BOWENS, 0000 GLEN F. COPELAND JR., 0000 DONALD R. ADAMS JR., 0000 LARRY D. BOWERS, 0000 WILLIAM P. CORCORAN, 0000 BONNIE N. ADKINS, 0000 GARY W. BRANDSTROM, 0000 ALLEN B. CORNELIUS II, 0000 DAVID S. ADLER, 0000 MARTIN C. BRAUN, 0000 STAN CORNELIUS, 0000 DAVID J. AIROLA, 0000 RANDY S. BRAWLEY, 0000 DAVID L. COSS, 0000 KEITH A. ALBRECHT, 0000 MICHAEL G. BREAKEY, 0000 DAVID A. COURCHENE, 0000 DAVID J. ALCORN, 0000 KENNETH C. BRENNEMAN, 0000 ANDREW R. COX, 0000 GARY E. ALDRICH, 0000 KEVIN N. BREWER, 0000 CHRIS D. CRAWFORD, 0000 TY G. ALEXANDER, 0000 GORDON D. BRIDGER, 0000 CLAY P. CRAWFORD, 0000 THOMAS J. ALICATA III, 0000 KAREN M. BRIDGES, 0000 DUANE T. CREAMER, 0000 CARL D. ALLEN, 0000 GREGORY J. BROARDT, 0000 BRIAN J. CREELMAN, 0000 JARA N. ALLEN, 0000 WILLIAM K. BROGAN JR., 0000 TY R. CRESAP, 0000 PATRICK R. ALLEN, 0000 PETER J. BROLL, 0000 MICHAEL T. CROCKER, 0000 RANDY S. ALLEN, 0000 KIM R. BROOKS, 0000 DAVID J. CROW, 0000 RUFUS D. ALLEN JR., 0000 TODD A. BROOKS, 0000 WILLIAM H. CUMLER, 0000 KENNETH ALLISON, 0000 JOSEPH E. BROUILLARD, 0000 SEAN M. CUNNEEN, 0000 RICHARD J. ALLISON, 0000 RANDY P. BROUSSARD, 0000 GREGORY D. CUNNINGHAM, 0000 ELIZABETH O. ALMEIDA, 0000 DAVID W. BROWN, 0000 THOMAS W. CURBYLUCIER, 0000 ROBERT W. ALTON, 0000 DOUGLAS M. BROWN, 0000 DONALD P. CURRAN, 0000 ANTHONY L. AMADEO, 0000 EUGENE A. BROWN JR., 0000 CHESTER R. CURTIS JR., 0000 WILLIAM J. AMES, 0000 KELLEY A. BROWN, 0000 RUSSELL N. CUTTING, 0000 JAMES L. ANDERSEN, 0000 LAWRENCE M. BROWN, 0000 CHARLES H. CYNAMON, 0000 DAVID M. ANDERSON, 0000 ROGER A. BROWN, 0000 RICHARD E. CZYZEWSKI, 0000 DEAN J. ANDERSON, 0000 RUSS J. BROWN, 0000 ROBERT J. DAGUE, 0000 GEORGE J. ANDERSON, 0000 STANLEY L. BROWN, 0000 WILLIAM J. DALONZO, 0000 KEVIN J. ANDERSON, 0000 HERALDO B. BRUAL, 0000 SCOTT A. DALRYMPLE, 0000 REID R. ANDERSON, 0000 ROBERT B. BRUMLEY II, 0000 PAUL S. DALY JR., 0000 STEVEN N. ANDRASZ, 0000 ALFRED E. BRUNER, 0000 RODNEY B. DAVIDSON, 0000 KAREN D. ANGELL, 0000 JOHN P. BRYANT IV, 0000 RICARDO C. DAVILA, 0000 SALVADOR ARANGO II, 0000 RONALD M. BRYANT JR., 0000 CHARLES E. DAVIS III, 0000 MARK A. ARBOGAST, 0000 KENRYU M. BRYSON, 0000 EDGAR F. DAVIS II, 0000 TIMOTHY J. ARCH, 0000 DAVID T. BUCKMAN, 0000 JOHN H. DAVIS, 0000 NINA M. ARMAGNO, 0000 MARK C. BUERKLE, 0000 RANDY J. DAVIS, 0000 JOHN L. ARMANTROUT, 0000 CARL A. BUHLER, 0000 JOHANN H. DAVISSON, 0000 ERIC R. ARMSTRONG, 0000 GEORGE R. BUMILLER, 0000 ENRIQUE T. DE LA GARZA, 0000 MERRILL F. ARMSTRONG, 0000 LAURA L. BUNKER, 0000 PATRICK K. DEAN, 0000

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DAVID S. DEARY, 0000 JOSEPH R. FUTCH, 0000 JEFFREY E. HAYMOND, 0000 GARY L. DEATON, 0000 GLENN C. FYFE, 0000 MICHAEL D. HAYS, 0000 TIMOTHY L. DEAVER, 0000 GARY GAGLIARDI, 0000 RICHARD J. HAZDRA, 0000 JON CHASE DECLERCK, 0000 MARK P. GAGNON, 0000 DEIRDRE HEALEY, 0000 JEFFREY D. DEEM, 0000 JOSEPH M. GAINES, 0000 GLENN H. HECHT, 0000 MARK P. DEGROODT, 0000 KENNETH A. GAINES, 0000 SCOT T. HECKMAN, 0000 MONTGOMERY C. DEIHL, 0000 KEVIN P. GALLAGHER, 0000 MICHAEL L. HEIDT, 0000 CARL T. DEKEMPER, 0000 MICHAEL E. GANTT, 0000 TODD E. HEINLE, 0000 ROGER A. DELLINGER, 0000 DANIEL C. GARD, 0000 SHARON A. HEISE, 0000 DAVID F. DEMARTINO, 0000 VON A. GARDINER, 0000 BRUCE T. HELLEN, 0000 EDWARD B. DENHOLM, 0000 JOHN D. GAREY, 0000 PAUL J. HELT, 0000 JOHN P. DENN, 0000 STEVEN D. GARLAND, 0000 CHARLES HELWIG III, 0000 DAVID R. DENNING, 0000 LAWRENCE M. GATTI, 0000 GARY W. HENDERSON, 0000 STERLING P. DEPEW, 0000 FRED W. GAUDLIP, 0000 JAMES P. HENDRICKS, 0000 MARK R. DETCHEVERRY, 0000 JOSEPH L. GAUTHIER JR., 0000 MASAO HENDRIX, 0000 DEBORAH A. DETERMAN, 0000 AMANDO E. GAVINO, 0000 ROBERT J. HENNING, 0000 PHILIP R. DEVOE, 0000 MARTIN R. GEARHART, 0000 JEFFREY S. HENRY, 0000 JOHN P. DEWINE, 0000 THOMAS W. GEARY, 0000 STEVEN L. HENRY, 0000 CRAIG D. DEZERN, 0000 GREGORY A. S. GECOWETS, 0000 LISA L. HENRYHAMILTON, 0000 KEVEN B. DIAMOND, 0000 FRANCIS J. GEISER III, 0000 DENNIS F. HENSLEY, 0000 VICTOR J. DIAZ JR., 0000 MICHAEL D. GENDRON, 0000 JOHN D. HENSON, 0000 DONALD A. DICKERSON, 0000 DAVID E. GENEVISH, 0000 THOMAS A. HENWOOD, 0000 STEVEN C. DIETZIUS, 0000 CHRISTOPHER R. GENTRY, 0000 JEFFREY A. HERD, 0000 MARK W. DILLON, 0000 KERRY M. GENTRY, 0000 MARK A. HERING, 0000 ROBERT A. DISTAOLO, 0000 MARK J. GERKEN, 0000 SEAN R. HERR, 0000 WILLIAM A. DODD, 0000 CHARLES S. GERSTENECKER, 0000 SCOTT M. HERRICK, 0000 BERNARD DODSON JR., 0000 PETER L. GETTS, 0000 DONALD M. HERRING, 0000 BRIAN M. DODSON, 0000 DAVID M. GIACHETTI, 0000 NORMAN B. HETZEL, 0000 JOHN L. DOLAN, 0000 ANDREW S. GIACONIA, 0000 PHILIP L. HEZELTINE, 0000 TIMOTHY S. DONOHUE, 0000 REX O. GIBSON, 0000 DANIEL P. HICKEY, 0000 PATRICK H. DONOVAN, 0000 THOMAS L. GIBSON, 0000 JOSEPH C. HICKOX, 0000 RICHARD M. DORAN, 0000 JON F. GIESE, 0000 JAMES T. HICKS, 0000 PAUL E. DORCEY, 0000 SAMPSON GILBERT, 0000 ANTHONY C. * HIGUERA, 0000 STEVEN N. DORFMAN, 0000 ROBERT N. GILCHRIST, 0000 THOMAS H. HILDERBRANDT, 0000 MARK R. DOTSON, 0000 GREGORY P. GILETTI, 0000 NATHAN E. HILL, 0000 DAVID D. DOUGHERTY, 0000 JENNINGS F. GILLEM, 0000 PETER J. HILL, 0000 CHARLES A. DOUGLASS, 0000 DAVID L. GILLESPIE, 0000 JONATHAN C. HINES, 0000 KEVIN H. DOYLE, 0000 TERENCE J. GIVEN, 0000 WARREN D. HINES, 0000 BERT L. DREHER, 0000 KEITH M. GIVENS, 0000 ANTHONY G. HINGLE, 0000 DEBORAH Y. DRENTH, 0000 ALAN R. GLADFELTER, 0000 ANTHONY K. HINSON, 0000 JEFFREY J. DRUESSEL, 0000 THOMAS L. GLARDON, 0000 FRANKLIN J. HINSON JR., 0000 EMMETT W. DRUMHELLER JR., 0000 JOHN A. GLAZE, 0000 STEVEN T. HISS, 0000 DARRELL A. DUBOSE, 0000 ALAN C. GNANN, 0000 BENJAMIN P. HOBDAY, 0000 JOHN A. DUCHARME JR., 0000 LEAH F. GOERKE, 0000 ROBERT J. HOCK, 0000 TRENT O. DUDLEY, 0000 ROBERT V. GOERKE, 0000 PETER D. HOFELICH, 0000 PATRICK D. DUGAS, 0000 JAMES R. GOFF, 0000 JAMES J. HOGAN, 0000 TODD M. DUGO, 0000 BRUCE A. GOLDSTEIN, 0000 ROBERT S. HOLBA, 0000 DAWN M. DUNLOP, 0000 PAULA A. GOODE, 0000 BENNY D. HOLBROOK, 0000 PATRICK A. DUNN, 0000 MARK R. GOODELL, 0000 WILLIAM P. HOLCOMB, 0000 LARRY J. DUVALL, 0000 PATRICK A. GOODMAN, 0000 ERIC J. HOLDAWAY, 0000 KARL E. EAGER, 0000 DAVID J. GOOL, 0000 JONATHAN A. HOLDAWAY, 0000 KENNETH L. ECHTERNACHT JR., 0000 MICHAEL L. GOOLSBY, 0000 EDGAR M. HOLLANDSWORTH, 0000 NORMAN L. ECKERT, 0000 DANIEL B. GORDON, 0000 PATRICK R. HOLLRAH, 0000 RICHARD J. EDGE JR., 0000 MICHAEL F. GOSNELL, 0000 DENISE M. HOLLYWOOD, 0000 RONNIE E. EDGE, 0000 TODD W. GOSSETT, 0000 ELIZABETH J. HOLMES, 0000 STEPHEN G. EDWARDS, 0000 KENNETH A. GOTSKI, 0000 NANCY G. HOLT, 0000 FRANK EFFRECE JR., 0000 DAVID C. GOULD II, 0000 PHILLIP W. HOOVER, 0000 DEBORAH A. ELLIOT, 0000 KEVIN A. GRADT, 0000 STEVEN L. HOPKINS, 0000 JANON D. ELLIS, 0000 WILLIAM E. GRAHAM, 0000 ANDREW M. HORTON, 0000 DANIEL J. ELMORE, 0000 BRADLEY K. GRAMBO, 0000 MARK F. HOSTETTER, 0000 RALPH W. EMERSON III, 0000 STEVEN G. GRAY, 0000 KEVIN R. HOUDEK, 0000 CHARLES D. ENGEL, 0000 CURTIS L. GREEN, 0000 GERALD L. HOUNCHELL, 0000 JOSEPH M. ENGLE, 0000 CRAIG R. GREENWOOD, 0000 RICKEY L. HOUSTON, 0000 HAROLD W. ENNULAT, 0000 THOMAS M. GREETAN, 0000 RANDALL B. HOWARD, 0000 SAMUEL H. EPPERSON JR., 0000 DOUGLAS E. GREGORY JR., 0000 SCOTT J. HOWER, 0000 GREGORY A. ESSES, 0000 MICHAEL S. GRENKE, 0000 KENNETH R. HUBBARD, 0000 DANIEL S. EUCKER, 0000 KENNETH C. GRIER, 0000 DONALD L. HUDSON, 0000 DAVID R. EVANS, 0000 THOMAS C. GRIESBAUM, 0000 PAUL E. HUFFMAN, 0000 ROBERT D. EVANS, 0000 THOMAS A. GRIFFIN, 0000 PETER W. HUGGINS, 0000 KRAIG A. EVENSON, 0000 JAMES L. GRIFFITH, 0000 RONALD C. HUGGINS JR., 0000 JASON G. EVGENIDES, 0000 KEVIN H. GRILL, 0000 JOHNATHAN B. HUGHES, 0000 FREDERICK L. FAHLBUSCH, 0000 DARRYLE J. GRIMES, 0000 MICHAEL P. HUGHES, 0000 TODD J. FALKENSTEIN, 0000 LUKE G. GROSSMAN, 0000 STEVE D. HUGHES, 0000 FREDERICK W. FALLMAN III, 0000 BERNARD J. GRUBER, 0000 HAROLD HUGULEY III, 0000 ROBERT J. FALVEY, 0000 STEVEN M. GRUPENHAGEN, 0000 DOUGLAS W. HUMERICK, 0000 HARLAN B. FANGMEYER, 0000 JOSEPH T. GUASTELLA JR., 0000 KERRY S. HUMPHREY, 0000 FRANKLIN J. FANNING, 0000 ROBERTO I. GUERRERO, 0000 JORJI R. HUNNICUTT, 0000 MICHAEL R. FARRAR, 0000 ROBERT B. GURNER, 0000 JOSEPH HUNT, 0000 TAMMY E. FARROW, 0000 TODD C. HACKETT, 0000 MARK W. HUNTER, 0000 JOSEPH G. FAWCETT, 0000 DAVID E. HAFER JR., 0000 JOSEPH A. HUNTINGTON, 0000 TIMOTHY G. FAY, 0000 GEORGE D. HAGY, 0000 ROBERT E. HUTCHENS, 0000 PAUL E. FEATHER, 0000 SCOTT A. HAINES, 0000 SHERYL L. HUTCHISON, 0000 VINCENT J. FECK, 0000 CHARLES H. HAINLINE, 0000 KENNETH J. HYATT, 0000 MATTHEW R. FENTON II, 0000 MICHAEL T. HALBIG, 0000 WILLIAM M. IBINSON, 0000 MICHAEL C. FERGUSON, 0000 PATRICK J. HALLORAN, 0000 PETER W. INGENLOFF, 0000 TIMOTHY D. FERGUSON, 0000 DOUGLAS M. HALSELL, 0000 ANDREW D. INGRAM, 0000 RALPH D. FERO, 0000 BRADLEY K. HAMMER, 0000 BILLY J. C. IRWIN, 0000 BARBARA A. FERRA, 0000 AMY A. HAMMOND, 0000 ANN L. ISAACS, 0000 THOMAS W. FESSENDEN, 0000 WILLIAM E. HAMPTON, 0000 WALTER L. ISENHOUR, 0000 GLENN P. FETTER, 0000 DAVID T. HANAWAY, 0000 GORDON D. ISSLER, 0000 TOD R. FINGAL, 0000 THOMAS O. HANFORD, 0000 LLOYD W. JACK, 0000 JAMES D. FISHER, 0000 ELIGAH HANKS, 0000 DOUGLAS D. * JACKSON, 0000 JOHN A. FISHER, 0000 BRIAN J. HANLEY, 0000 KEITH A. JACKSON, 0000 KEVIN J. FITCH, 0000 WILLIAM C. HANNA, 0000 MICHIEL D. JACKSON, 0000 MICHAEL F. FLECK, 0000 JENNIFER M. HARALSON, 0000 ROBERT E. JACOBSON, 0000 SHAWN R. FLEMING, 0000 MICHAEL A. HARBISON, 0000 BYRON L. JAMES, 0000 WALTER C. FLINT, 0000 JAMES W. HARDIN, 0000 DOUGLAS E. JAMES, 0000 MATTHEW W. FLOOD, 0000 PHILLIP C. HARDING III, 0000 JONATHAN E. JAMES, 0000 JOHN J. FODEN III, 0000 ROBERT E. HARDWICK, 0000 THOMAS J. JAMES, 0000 LOUIS A. FOEHRKOLB, 0000 BRUCE E. HARDY, 0000 AUSTIN D. JAMESON, 0000 PATRICK F. FOGARTY, 0000 GERALD J. HARRIS, 0000 JAMES D. JEFFERS, 0000 ELDRED J. FOLSE, 0000 JOHN N. HARRIS, 0000 CHRISTOPHER B. JELLA, 0000 SCOTT A. FOREST, 0000 ROBERT A. HARRIS, 0000 MARILYN H. JENKINS, 0000 TIMOTHY A. FORSYTHE, 0000 WILLIAM C. HARRIS, 0000 JIM E. JENNINGS, 0000 LAWRENCE O. FOUNTAIN, 0000 HARRY M. HARRISON, 0000 GREGORY A. JERRELL, 0000 JEROME M. FOWLER, 0000 SHAWN D. HARRISON, 0000 THOMAS W. JETT, 0000 PRENTICE N. FOX, 0000 ANDREW E. HART, 0000 ERIC T. JOHNSON, 0000 MICHAEL R. FRANKEL, 0000 SCOTT A. HARTFORD, 0000 JANICE R. JOHNSON, 0000 JEFFREY E. FRANKHOUSER, 0000 DANIEL J. HARTIGAN, 0000 JEFFREY B. JOHNSON, 0000 ROBERT E. FRANKLIN, 0000 TIM D. HARTJE, 0000 JERRY L. JOHNSON, 0000 BRIAN S. FRATUS, 0000 JAMES P. HARVEY, 0000 KARLTON D. JOHNSON, 0000 BRIAN E. FREDRIKSSON, 0000 WINIFORD L. HARVEY, 0000 LEIF C. JOHNSON, 0000 TODD M. FREECE, 0000 DAVID C. HATHAWAY, 0000 MARK K. JOHNSON, 0000 THOMAS FRENCH, 0000 DANIEL J. HAUSAUER, 0000 ROBERT E. JOHNSON, 0000 MARJORIE A. FULLER, 0000 WALTER E. HAUSSNER, 0000 ROGER G. JOHNSON, 0000 ROY J. FULLERTON JR., 0000 DOUGLAS L. HAVEN, 0000 NICHOLAS G. JOHNSTON, 0000 BARBARA E. FURYKOLSON, 0000 KIM D. HAWTHORNE, 0000 WESLEY R. JOLLY, 0000

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CHARLES D. JONES, 0000 STEVEN M. LIPSCOMB, 0000 ROBERT C. MEYER, 0000 CHARLES M. JONES, 0000 LAURIE J. LISEC, 0000 STEPHEN L. MEYER, 0000 DAVID E. JONES, 0000 STEPHEN W. LISKA, 0000 GEORGE A. MEYERS, 0000 DAVID W. JONES, 0000 NANCY A. LIVELY, 0000 LEONARD MEYERS, 0000 GARY A. JONES, 0000 BRIAN J. LLOYD, 0000 CHRISTOPHER MICELI, 0000 KEITH R. JONES, 0000 DONALD C. LOCKE JR., 0000 ROBERT E. MIGLIONICO, 0000 SOREN K. JONES, 0000 PHIL LOCKLEAR, 0000 STEPHEN J. MIHALIK, 0000 BRIAN T. JORDAN, 0000 JOHN M. LONGHINI, 0000 DOUGLAS B. MILES, 0000 WILLIAM G. JORDAN JR., 0000 JANNETTE T. LOOTENS, 0000 BARRY G. MILLER, 0000 BARBARA J. JORGENSEN, 0000 PATRICK A. LOPARDI, 0000 DANIEL R. MILLER, 0000 DAVID A. * JORGENSEN, 0000 JOHN A. LOPES, 0000 DAVID A. MILLER, 0000 JEFFREY J. JORGENSEN, 0000 ERIC C. LORRAINE, 0000 DOUGLAS R. MILLER, 0000 CHRISTOPHER A. JOSEPH JR., 0000 GEORGE E. LOUGHRAN, 0000 JOHN G. MILLER, 0000 EDWARD L. JOSLIN, 0000 MARTIN E. LOVATO JR., 0000 KEITH S. MILLER, 0000 THOMAS C. JOYCE, 0000 RICKY A. LOVE, 0000 LAWRENCE M. MILLER, 0000 DIMASALANG F. JUNIO, 0000 THOMAS J. LOWRY, 0000 MARK B. MILLER, 0000 CHRIS J. KAMPSEN, 0000 MICHAEL J. B. LUCIER, 0000 MICHAEL J. MILLER, 0000 PATRICK KANE, 0000 PATRICK P. LUDFORD, 0000 TIMOTHY M. MILLER, 0000 ALEXANDER P. KARIBIAN, 0000 KYLE C. LUNDBERG, 0000 VINCENT B. MILLER, 0000 DAVID A. KASBERG, 0000 STEVEN R. LUSK, 0000 DENNIS W. MILLSAP, 0000 STEVEN M. KAUFFMANN, 0000 JEFFREY E. LUTES, 0000 JOSEPH A. MINIOR, 0000 CHRISTOPHER J. KAUFMAN, 0000 ALLISON G. LYNCH, 0000 PATRICK G. MINTO, 0000 DEREK B. KAUFMAN, 0000 MICHAEL S. LYNCH, 0000 RAUL T. MIRELES, 0000 PAMELA J. KAUFMAN, 0000 BOBBY J. LYONS JR., 0000 SCOTT J. MISCHO, 0000 ROBERT H. S., KAUFMAN III, 0000 JAMES L. MACFARLANE, 0000 MICHAEL J. MISENHIMER, 0000 DUANE J. KAUTZMANN, 0000 JACQUELINE M. MACH, 0000 DARRYL G. MITCHELL, 0000 RONALD G. KEARNS, 0000 JEAN MACINTYRE, 0000 JAMES L. MITCHELL, 0000 JOHN W. KEFFER, 0000 RUSSELL L. MACK, 0000 MARIAMNE R. MITCHELL, 0000 WARREN L. KEITHLEY JR., 0000 MARTIN L. MACNABB, 0000 ROBERT E. MITCHELL, 0000 MATTHEW L. KELL, 0000 DAVID D. MADDOX, 0000 KURT H. MITTMANN, 0000 CHARLES K. KELLEY, 0000 MICHAEL E. MADISON, 0000 PETER H. MIYARES, 0000 BRIAN T. KELLY, 0000 JAMES A. MAESTAS, 0000 THOMAS B. MIZELLE, 0000 MARK D. KELLY, 0000 DAVID H. MAHARREY JR., 0000 DAVID B. MOBLEY, 0000 MARTIN T. KENDRICK, 0000 DEIRDRE A. MAHON, 0000 JOHN E. MOCHOWSKI, 0000 DAVID M. KENNEDY, 0000 TERRENCE W. MAKI JR., 0000 JAY D. MOHEIT, 0000 STEPHEN H. KENNEDY, 0000 ROBERT L. MANESS, 0000 ANDREW J. MOLNAR, 0000 BRADFORD P. KENNEY, 0000 VICTOR J. MANGES, 0000 JOHN F. MONAHAN, 0000 JAMES E. KENT, 0000 THOMAS J. MANGNER, 0000 ROBERT E. MONROE, 0000 STEVEN D. KEPHART, 0000 STEVEN S. MANLEY, 0000 POLLYANNA P. MONTGOMERY, 0000 RONALD J. KIEKLAK JR., 0000 SCOTT E. MANNING, 0000 RONALD E. MONTGOMERY, 0000 WESLEY J. KIEL, 0000 STEPHEN L. MANSPEAKER, 0000 CHARLES L. MOORE JR., 0000 MICHAEL KIFER, 0000 TIMOTHY H. MARBURGER, 0000 CHRISTIAN E. MOORE, 0000 JOHN A. KIMBALL III, 0000 ANTHONY J. MARCHESANO, 0000 JASON A. MOORE, 0000 STEVEN A. KIMBALL, 0000 CHRISTOPHER S. MARDIS, 0000 MICHAEL S. MOORE, 0000 GREGORY S. KIMBRELL, 0000 JAMES RALEY MAREK, 0000 ESEQUIEL J. MORA JR., 0000 JEFFREY D. KINDLEY, 0000 MICHAEL J. MARES, 0000 PATRICK X. MORDENTE, 0000 CURTIS S. KINDRED, 0000 KURT M. MARISA, 0000 ALBERTO MORENOBONET, 0000 SCOTT A. KINDSVATER, 0000 PETER A. MARKLE, 0000 DAVID A. MORGAN, 0000 KYLE S. KINGSFORD, 0000 CHRISTINE R. MARKWARDT, 0000 JEFFREY W. MORGAN, 0000 CHRISTOPHER J. KINNAN, 0000 ROBERT A. MARRAZZO, 0000 ROBERT A. MORIARTY, 0000 JAMES A. KIRK JR., 0000 MICHAEL P. MARTEL, 0000 MANSON O. MORRIS, 0000 KURT JAY KITTI, 0000 GLENN D. MARTIN, 0000 MICHAEL L. MORRIS, 0000 GARY R. KLETT, 0000 LARRY D. MARTIN, 0000 PATRICK C. MORRIS, 0000 MICHAEL T. KLOENNE, 0000 RONALD K. MARTIN, 0000 SHAUN Q. MORRIS, 0000 BRETT W. KNAUB, 0000 SCOTT D. MARTIN, 0000 TIMOTHY R. MORRIS, 0000 CLETE W. KNAUB, 0000 GREGORY S. MARZOLF, 0000 DARYL R. MORRISON, 0000 CHRISTOPHER G. KNEHANS, 0000 JOHN T. MASSEE, 0000 WILLIAM R. MOSCHELLE, 0000 CRAIG J. KNIERIM, 0000 RUSSELL F. MATHERS, 0000 SANDRA A. MOSCOVIC, 0000 JOHN B. KNOWLES, 0000 KARL S. MATHIAS, 0000 RANDY J. MOSER, 0000 DANIEL G. KNOX, 0000 STEPHEN M. MATSON, 0000 CHRISTOPHER S. MOSS, 0000 MICHAEL L. KNUDSON, 0000 LINDA K. MATTHEWS, 0000 NORBERT A. MOTZ, 0000 KORINA L. KOBYLARZ, 0000 KYLE H. MATYI, 0000 SCOTT K. MUESSIG, 0000 MARK P. KOCH, 0000 CHARLES C. MAU, 0000 ROBERT A. MULHERAN, 0000 ROBERT M. KOEHLER, 0000 JEFFREY W. MAXWELL, 0000 KENNETH B. MULLIGAN, 0000 MARK S. KOOPMAN, 0000 KEITH H. MAXWELL, 0000 BRIAN J. MULLIN, 0000 MUSTAFA R. KOPRUCU, 0000 DANIEL K. MAY, 0000 ANTHONY J. MURCH, 0000 KENTON C. KORAN, 0000 SIDNEY F. MAYEUX, 0000 COLLEEN R. MURPHY, 0000 DAVID L. KOVACH, 0000 KIRK M. MAYS, 0000 RICHARD M. MURPHY, 0000 JOHN W. KRAFT JR., 0000 THOMAS J. MAZAIKA, 0000 RICKY R. MURPHY, 0000 GEORGE J. KRAKIE, 0000 GREGORY P. MAZZARELLA, 0000 TIMOTHY J. MURPHY, 0000 KEITH R. KREEGER, 0000 ROBERT S. MCALLUM, 0000 KENNETH M. MURRAY, 0000 JOHN C. KRESS, 0000 TIMOTHY S. MCARTHUR, 0000 TODD A. NADING, 0000 NEAL F. KRINGEL, 0000 TERRANCE J. MCCAFFREY II, 0000 GARY J. NANFITO, 0000 OLGA M. KRIPNER, 0000 CHRISTOPHER B. MCCAMMANT, 0000 TRACY J. NASH, 0000 MICHAEL J. KUCHTA, 0000 MICHAEL J. MCCARTHY, 0000 JEFFREY S. NELSON, 0000 CHRISTOPHER T. KUGEL, 0000 EDWARD A. MCCARTY, 0000 LARRY S. NELSON, 0000 GARRY L. KUHN, 0000 GEOFFREY MCCLENDON, 0000 JOHN N. NERI, 0000 KYLE W. KUHN, 0000 VICKY L. MCCLENDON, 0000 RUSSELL A. NERO JR., 0000 MARK L. KUNZ, 0000 GARY L. MCCOLLUM, 0000 EDWARD J. NEVERA, 0000 RUSSELL D. KURTZ, 0000 PATRICK E. MCCORMACK, 0000 JOHN D. NEWBERRY, 0000 CARL A. KUTSCHE, 0000 BRADLEY K. MCCOY, 0000 JOHN NICASTRI, 0000 ROBERT D. LABRUTTA, 0000 ROBERT T. MCCREADIE, 0000 CHRISTOPHER A. NICELY, 0000 PETER A. LADEN, 0000 TODD W. MCCULLOUGH, 0000 DONNA C. NICHOLAS, 0000 ERIC M. LAGIER, 0000 DENNIS P. MCDEVITT JR., 0000 CARL W. NICHOLSON, 0000 MICHAEL L. LAKOS, 0000 JOHN F. MCDEVITT JR., 0000 TIMOTHY P. NICKERSON, 0000 GEORGE H. LAMONT, 0000 MAURICE D. MCDONALD, 0000 RICHARD A. NOBBS, 0000 RICHARD A. LANE, 0000 KEVIN A. MCFADDEN, 0000 SALMAN M. NODJOMIAN, 0000 MARK G. LANGENDERFER, 0000 JOHN P. MCGARRITY, 0000 DANIEL A. NOLLETTE, 0000 BILLY R. LANGFORD, 0000 KEVIN P. MCGLAUGHLIN, 0000 THOMAS J. NOON, 0000 JAMES C. LANGFORD II, 0000 FRANCIS M. MCGUIGAN, 0000 PARKER W. NORTHRUP III, 0000 TROY V. LANIER, 0000 DUNCAN D. MCKENZIE, 0000 DANIEL E. NORTON, 0000 DAVID N. LARSON, 0000 JAMES K. MCKENZIE, 0000 MARCUS F. NOVAK, 0000 ERIK S. LARSON, 0000 PATRICK T. MCKENZIE, 0000 MARK E. NUNN, 0000 KELLY J. LARSON, 0000 FLOYD A. MCKINNEY, 0000 CHARLES P. NUSSMAN, 0000 JON A. LARVICK, 0000 CHRISTOPHER C. MCLANE, 0000 BRET L. NYANDER, 0000 STEVEN G. LAVOYE, 0000 MICHAEL T. MCLAUGHLIN, 0000 BRIAN E. OAKELEY, 0000 STEVEN B. LAWLOR, 0000 JOHN S. MCLAURIN JR., 0000 JOHN S. OATES, 0000 TIMOTHY J. LEA, 0000 JAMES K. MCMAHON, 0000 GARY W. OBERMEYER, 0000 KIRK A. LEAR, 0000 BENJAMIN S. MCMULLEN, 0000 PRESTON E. OBRAY, 0000 TERRENCE A. LEARY, 0000 DEBORAH A. MCMURTREY, 0000 DOMINGO R. OCHOTORENA, 0000 JONATHAN G. LEATHERS, 0000 ROGER A. MCNEAL, 0000 EARL B. ODOM III, 0000 GARY J. LEAVY, 0000 MARY E. MCNEELY, 0000 TRACY A. O’GRADY-WALSH, 0000 LUCY LEE, 0000 DONALD D. MCQUOWN, 0000 STEVEN G. OLIVE, 0000 PETER A. LEE, 0000 MARY E. MCRAE, 0000 JERALD G. OLIVER, 0000 RICKY A. LEE, 0000 STEVEN E. MCTIER, 0000 KIMBERLY A. OLSON, 0000 ANTONE L. LEFEVRE, 0000 CARL G. MCVICKER III, 0000 EDWARD J. ONEAL JR., 0000 DAVID R. LEHOSIT, 0000 CECIL A. MEDINA, 0000 SEAN E. ONEAL, 0000 MICHAEL E. LEIGHTON, 0000 MARK S. MEDVEC, 0000 TERRY M. ORNER, 0000 ERIC L. LEININGER, 0000 MICHAEL R. MEIER, 0000 RONALD A. ORTIZ, 0000 BARRY P. LEISTER, 0000 ERIC W. MEIERS, 0000 DALE E. ORVEDAHL, 0000 SCOTT P. LEMAY, 0000 STEPHEN P. MELROY, 0000 JAMES M. OUELLETTE, 0000 NICHOLAS C. LENTO, 0000 GARY R. MELUSEN, 0000 MICHAEL T. OUELLETTE, 0000 ANDREW W. LESTER, 0000 ROBERT K. MENDENHALL, 0000 CHRISTOPHER W. OVERMAN, 0000 ROBERT M. LETOURNEAU, 0000 GEORGE T. MENKER JR., 0000 JONATHAN H. OWENS, 0000 WILLIAM K. LEWIS, 0000 RODNEY C. MERANDA, 0000 PATRICK J. OWENS, 0000 MARK J. LINDHORST, 0000 SEAN R. MERCADANTE, 0000 SABRINA T. S. OZISIK, 0000 JEFFERY R. LINSKENS, 0000 SCOTT C. MERRELL, 0000 HENRY P. PANDES, 0000

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KEITH J. PANNABECKER, 0000 JACK R. RICKMAN JR., 0000 SCOTT F. SHERIDAN, 0000 MARK W. PAPEN, 0000 ROBERT Q. RIDEOUT, 0000 WILLIAM A. SHERMAN, 0000 CHARLES H. PAPPAS, 0000 DONALD H. RIDOLFI JR., 0000 CHARLES B. SHERWIN JR., 0000 GUY E. PARKER, 0000 LARRY A. RIDOLFI, 0000 LEE A. SHICK, 0000 GEOFFREY S. PARKHURST, 0000 DAVID M. RIEL, 0000 CHARLES P. SHIFFLETT, 0000 GEORGE E. PARROTT III, 0000 JANET A. RIELLEY, 0000 KENT U. M. SHIN, 0000 DAVID W. PARSONS, 0000 HEINRICH K. RIEPING JR., 0000 RICHARD P. SHIPMAN, 0000 GREGORY D. PARSONS, 0000 VINCENT T. RIES, 0000 SCOT D. SHIVELY, 0000 JAMES R. PASSARO, 0000 SHAWN P. RIFE, 0000 KEITH B. SHOATES, 0000 CHARLES W. PATNAUDE, 0000 BRIAN S. RIGSBY, 0000 KEVIN A. SHORB, 0000 JOHN T. PATRICOLA, 0000 GRAHAM W. RINEHART, 0000 ROBERT C. SHORES, 0000 CHRIS B. PATTERSON, 0000 EDWARD M. RIVERA, 0000 STEVEN R. SHULTZ, 0000 JOHN K. PATTERSON, 0000 DOYE P. ROBBINS JR., 0000 JEFFREY R. SICK, 0000 RICHARD V. PATTERSON, 0000 MICHAEL G. ROBBINS, 0000 ROBERT M. SIEGLE, 0000 MARC E. PATTI, 0000 JULIE M. ROBEL, 0000 ALAN C. SIERICHS, 0000 CREG D. PAULK, 0000 LESLIE D. ROBERSON, 0000 RONALD W. SIMMONS, 0000 JEFFREY B. PAXSON, 0000 TONCIE L. ROBERSON, 0000 SCOTT W. SIMMONS, 0000 JOHN L. PECKO, 0000 PETER C. ROBICHAUX, 0000 DANIEL J. SIMONSEN, 0000 DAVID R. PEDERSEN, 0000 GARY J. ROBINETT, 0000 MARK H. SIMPSON, 0000 PAMELA M. PEISTRUP, 0000 BOBBY L. ROBINSON II, 0000 ETHEL E. SINGLETON, 0000 VERNON L. PEPPERS, 0000 STEVEN M. ROBINSON, 0000 ROBERT S. SITTON, 0000 LEE J. PERA, 0000 TIMOTHY H. ROBINSON, 0000 TIMOTHY D. SKINNER, 0000 RICKY D. PERALTA, 0000 LAWRENCE O. ROCHE, 0000 STEPHEN J. SKOTTE, 0000 JOHN D. PEREZ, 0000 KYLE E. ROCKETT, 0000 DAVID S. * SLONE, 0000 DONALD E. PERKINS JR., 0000 RICKEY S. RODGERS, 0000 TIMOTHY W. SMART, 0000 GERALD M. PERKINS, 0000 ERNEST H. RODRIGUEZ, 0000 ANDREW J. SMITH, 0000 LEE-ANN PERKINS, 0000 VICTOR M. RODRIGUEZ, 0000 GREGORY C. SMITH, 0000 MONTY R. PERRY, 0000 CHRISTOPHER L. ROEDER, 0000 JAMES K. SMITH, 0000 STEVEN F. PETERS, 0000 DONNA M. ROGERS, 0000 JEFFREY J. SMITH, 0000 MICHAEL E. PETERSON, 0000 MARILYN R. ROGERS, 0000 KARI L. SMITH, 0000 GORDON D. PHILLIPS, 0000 JOSEPH L. ROMANO III, 0000 LEROY D. SMITH, 0000 LISA M. PHILLIPS, 0000 JOHN R. ROMERO, 0000 MARK R. SMITH, 0000 NEAL C. PHILLIPS, 0000 LUIS E. ROSABERRIOS, 0000 MARVIN W. SMITH JR., 0000 TRENT A. PICKERING, 0000 DONALD G. ROSE, 0000 MICHAEL P. SMITH, 0000 ERIC J. PIERCE, 0000 PAT A. ROSE JR., 0000 MICHAEL S. SMITH, 0000 GEORGE M. PIERCE II, 0000 SCOTT A. ROSE, 0000 MICHAEL V. SMITH, 0000 TODD M. PIERGROSSI, 0000 LEE W. ROSEN, 0000 PAUL F. SMITH, 0000 BRIAN C. PIERSON, 0000 ROBERT A. ROSENTHAL, 0000 SHANE R. SMITH, 0000 MICHAEL D. PIETRYGA, 0000 KEITH P. ROSS, 0000 STEPHEN C. SMITH, 0000 JOHN S. PIGEON, 0000 MATTHEW D. ROTONDARO, 0000 MICHAEL C. SNEEDER, 0000 CHRISTOPHER A. PIKE, 0000 WILLIAM G. ROUTT, 0000 JEFFERY S. SNELL, 0000 WILLIAM B. PILCHER JR., 0000 MARK E. ROVERSE, 0000 DANIEL R. SNY, 0000 ALEXANDER S. PILIPOWSKYJ, 0000 MARBEL C. ROY, 0000 DAVID G. SNYDER, 0000 MICHAEL D. PILKENTON, 0000 TOMISLAV Z. RUBY, 0000 THOMAS J. SNYDER, 0000 MARC L. PINCINCE, 0000 MICHAEL J. RUSNACK, 0000 JOANNA J. SOBIESKI, 0000 JOSEPH M. PINCKNEY JR., 0000 JOHN A. RUSS, 0000 JOSE R. SOLIS JR., 0000 SAMUEL P. PINO, 0000 ROBERT L. RUSSELL JR., 0000 DAVID A. SOUTHERLAND, 0000 ANTHONY C. PISO, 0000 MICHAEL D. RUSSO, 0000 JOHN W. SPECHT, 0000 LEE T. PITTMAN, 0000 LINDA B. RUTHERFORD, 0000 JOSEPH S. SPECKHART, 0000 MICHELLE R. PLACE, 0000 SCOTT C. RUTHERFORD, 0000 JOEL S. SPEIGHT, 0000 JEFFREY M. PLATE, 0000 JAMES P. RYAN, 0000 CHARLES F. SPENCER JR., 0000 SCOTT L. PLEUS, 0000 JEFFREY A. RYAN, 0000 JEFFREY D. SPENCER, 0000 THOMAS C. PLUMMER, 0000 PATRICK T. RYAN, 0000 LANCE H. SPENCER, 0000 DOUGLAS R. PLYMALE, 0000 MATTHEW D. RYERSE, 0000 LESLEY D. SPRAKER, 0000 VAN L. POINDEXTER JR., 0000 MELVIN D. SACHS, 0000 JIMMY B. STANDRIDGE, 0000 HENRY W. POLCZER, 0000 JOHN T. SACKS, 0000 GREGORY S. STANLEY, 0000 JAMES D. POOLE, 0000 SAMUEL R. SAGER, 0000 THOMAS R. STANLEY, 0000 MICHAEL J. POOLE, 0000 CLAUDE E. SALCEDO, 0000 CLIFFORD B. STANSELL, 0000 TERRENCE G. POPRAVAK JR., 0000 DAVID L. SALM, 0000 MICHAEL P. STAPLETON, 0000 ALVIN L. PORTER, 0000 RICHARD P. SAMUELS, 0000 SHERRY L. STEARNSBOLES, 0000 KEELY PORTER, 0000 JOSE A. SANCHEZANDINO, 0000 ROBERT L. STEPHENSON, 0000 THOMAS J. PORTERFIELD, 0000 DAMIAN P. SANDHEINRICH, 0000 WILLIAM B. STEVENSON IV, 0000 BRUCE H. POSTEL, 0000 EDWIN SANTOS, 0000 ERIC J. STEWARD, 0000 STEVEN W. POWELL, 0000 NEIL T. SAUVE, 0000 DAWN L. STEWART, 0000 PHILLIP R. J. PRATZNER, 0000 VINCENT SAVINO, 0000 ERIC J. STEWART, 0000 AMANDA J. PREBLE, 0000 DION SCAGLIONE, 0000 JAMES A. STEWART, 0000 WILLIAM E. PRENOT, 0000 LEIGH A. SCARBORO, 0000 JAMES M. STEWART, 0000 SHARON J. PRESZLER, 0000 ROBERT S. SCHAAB, 0000 DOUGLAS R. STICKLE, 0000 MARY C. PRICE, 0000 MICHAEL K. SCHAEFFER, 0000 JILL E. STIGLICH, 0000 STEVEN A. PRICE, 0000 JOHN GEORGE SCHAEUFELE IV, 0000 HAROLD R. STILLINGS, 0000 RONALD R. PRINCE, 0000 MARK R. SCHAIBLE, 0000 MICHAEL J. STINSON, 0000 JERRY W. PRITCHARD, 0000 STANLEY M. SCHALCK, 0000 MICHAEL E. STOCKSDALE, 0000 ROBERT W. PROUHET, 0000 VALERIE L. SCHALK, 0000 RICHARD C. STOCKTON, 0000 BRADFORD A. PROVENCAL, 0000 GEORGE P. SCHAUB, 0000 MARK A. STOKES, 0000 PAASHKA E. PROWELL, 0000 LUKE J. SCHAUB, 0000 CRISTINA M. STONE, 0000 MARK D. PRUITT, 0000 WALTER R. SCHENBERGER JR., 0000 FERDINAND B. STOSS, 0000 MARTHA S. PRUITT, 0000 TIMOTHY J. SCHEPPER, 0000 KIRK J. STREITMATER, 0000 DAVID C. PTAK, 0000 BRADLY A. SCHERER, 0000 ANTHONY STRICKLAND, 0000 MARY M. PULLIAM, 0000 TODD C. SCHIFF, 0000 RICKY D. STRICKLAND, 0000 ALDON E. PURDHAM JR., 0000 MARK E. SCHLICHTE, 0000 DANA E. STRUCKMAN, 0000 MARTA L. PURVIS, 0000 RHONDA D. SCHLUMPBERGER, 0000 JOSEPH A. SUBLOUSKY, 0000 ALAN R. PYBAS, 0000 STEVEN J. SCHLUMPBERGER, 0000 KERRY M. SULLIVAN, 0000 JOHN T. QUINTAS, 0000 CHARLES R. SCHMETZER, 0000 THOMAS A. SUMMERS, 0000 KEITH M. QUINTON, 0000 JOEL B. SCHMICK, 0000 DAVID E. SWANSON, 0000 JOSEPHINE L. RACICOT, 0000 CHARLES L. SCHNARR, 0000 PHILLIS J. SWANSON, 0000 DONALD J. RAINES, 0000 KEVIN B. SCHNEIDER, 0000 ESTHER S. SWARTZ, 0000 GEORGE C. RAMEY, 0000 ROBERT H. SCHRINK, 0000 STEPHEN M. SWARTZ, 0000 JEFFREY A. RAMMES, 0000 JOHN J. SCHULDHEISS, 0000 DANIEL L. SWAYNE, 0000 KIMBERLEY A. RAMOS, 0000 JIMMIE D. SCHUMAN JR., 0000 JEFFREY R. SWEGEL, 0000 MARGARET M. RANALLI, 0000 DIANA K. SCHUMICK, 0000 GLENN B. SWIFT, 0000 MARY A. RANDOUR, 0000 MARK D. SCHWALM, 0000 MICHAEL D. SWIFT, 0000 GLENN R. RATTELL, 0000 GREGORY J. SCHWARTZ, 0000 THOMAS S. SZVETECZ, 0000 PATRICIA A. RATTERREE, 0000 KAREN F. SCHWARTZ, 0000 STEVEN C. TANNER, 0000 GREGORY S. RAU, 0000 RICHARD P. SCHWING, 0000 ERNEST S. TAVARES JR., 0000 ROBERT O. RAU JR., 0000 COERT C. SCOGGIN, 0000 DOUGLAS J. TAYLOR, 0000 JAMES J. RAVELLA, 0000 CHERYL V. SCOTT, 0000 JOHN B. TAYLOR, 0000 THOMAS S. RAY JR., 0000 TODD J. SCOTT, 0000 MICHAEL K. TAYLOR, 0000 MARK J. REA, 0000 WINFIELD J. SCOTT, 0000 RUSSELL E. TAYLOR, 0000 PETER D. READ, 0000 JOHN A. SCOTTO, 0000 WILLIAM J. TAYLOR, 0000 RONALD D. REAGAN, 0000 TIMOTHY M. SCULLY, 0000 DAVID L. TEEL, 0000 DAVID A. REARICK, 0000 SCOTT D. SEAVERS, 0000 CRAIG J. TEFT, 0000 MICHAEL D. REED, 0000 MICHAEL J. SEAY, 0000 JOHN G. TERINO, 0000 THOMAS G. REED, 0000 JOANNE B. SECHREST, 0000 TERRY W. TERWEE, 0000 VICTORIA H. REED, 0000 PAUL F. SEELING, 0000 THOM H. TERWILLIGER, 0000 WILLIAM A. REESE, 0000 JEFFREY D. SEINWILL, 0000 DAVID H. THARP, 0000 MARTIN N. REFF, 0000 GREGORY S. SELLERS, 0000 MICHAEL L. THERIANOS JR., 0000 DANIEL J. REGAN JR., 0000 JOHN M. SEPANSKI, 0000 KURT E. THIELEN, 0000 JAMES A. REGENOR, 0000 THADDEUS P. SETTLEMIRE, 0000 ANTHONY C. THOMAS, 0000 EMIL J. REIMAN, 0000 GREGORY T. SETTLES, 0000 GAYLORD Z. THOMAS, 0000 KENNETH A. REIMAN, 0000 THEODORE D. SEYMOUR, 0000 JAMES P. THOMAS, 0000 JAMES R. REITZEL, 0000 FRANK K. SHARP, 0000 TIMOTHY M. THOMAS, 0000 STANLEY M. RESNIK, 0000 CHRISTOPHER C. SHARPE, 0000 BILLY D. THOMPSON, 0000 GEORGE J. REYES, 0000 JOHN S. SHATTUCK, 0000 BRADLEY P. THOMPSON, 0000 WAYNE M. REZZONICO, 0000 DAVID SHELIKOFF, 0000 JOSEPH J. THOMPSON III, 0000 WILLIAM E. RICHARD, 0000 THEODORE F. SHELTON, 0000 ROBERT T. THOMPSON JR., 0000 DUKE Z. RICHARDSON, 0000 GREGORY W. SHEPPARD, 0000 RONALD E. THOMPSON JR., 0000 JOSEPH A. RICHARDSON, 0000 RICHARD O. SHEPPARD, 0000 WILLIAM A. THOMPSON, 0000

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DAVID A. THOMSON, 0000 MARK S. WHITMIRE, 0000 JOHN C * MOORE, 0000 ERIC M. THOMTON, 0000 STEVEN D. WHITNEY, 0000 JOHN L * MUEHLHEUSER, 0000 JULIAN E. THRASH, 0000 DAVID R. WHITT, 0000 MICHAEL E * MUELLER, 0000 PATRICK S. TIBBETTS, 0000 ROBERT E. WICKS JR., 0000 ROBERT T * PENLAND JR., 0000 KEVIN B. TIBBS, 0000 ALAN J. WIEDER, 0000 CHARLES C POCHE, 0000 MARK A. TIDWELL, 0000 DAVID P. WIEGAND, 0000 KRIS R * POPPE, 0000 JON B. TIGGES, 0000 GINGER L. WIERZBANOWSKI, 0000 EDWARD C REDDINGTON, 0000 STEVEN R. TIMMONS, 0000 LESLIE K. WILFORD, 0000 PAUL E * REYNOLDS JR., 0000 CHRISTOPHER L. TIPSWORD, 0000 DAVID S. WILKINSON, 0000 LUIS O * RODRIGUEZ, 0000 NATHAN A. TITUS, 0000 DAVID L. WILLARD, 0000 JOHN T * ROTHWELL, 0000 JOHN C. TOBIN, 0000 ALBERT C. WILLIAMS II, 0000 MICHAEL J * RUDKIN, 0000 KEVIN L. TODD, 0000 CALVIN WILLIAMS, 0000 MICHELLE L * RYAN, 0000 DOUGLAS S. TOLBERT, 0000 JOHN D. WILLIAMS, 0000 KENNETH W * SHAHAN, 0000 BRIAN W. TONNELL, 0000 STEPHEN S. WILLIAMS, 0000 JAMES W * SMITH III, 0000 JODINE K. TOOKE, 0000 DAVID G. WILSEY, 0000 WILLIAM D * SMOOT III, 0000 THOMAS J. TOOMER, 0000 BRIAN C. WILSON, 0000 SCOTT E * STAUFFER, 0000 EDWARD M. TOPPS, 0000 BRIAN D. WILSON, 0000 BRADLEY G * SUTERA, 0000 ROBERT J. TORICK JR., 0000 KURT DANIEL WILSON, 0000 KURT A * TAKUSHI, 0000 TIMOTHY C. TORPEY, 0000 RUSSELL A. WILSON, 0000 JOSEPH B * TOPINKA, 0000 JOSE L. TORRES JR., 0000 GLENN R. WINKLER, 0000 JAMES L * VARLEY, 0000 ANDREW J. TOTH, 0000 CURTIS M. WINSTEAD, 0000 ROBERT P * VASQUEZ, 0000 ROBERT P. TOTH, 0000 ROBERT J. WINTERSTEEN, 0000 FRANCISCO A * VILA, 0000 KHANH C. TRAN, 0000 JUDITH A. WISER, 0000 THOMAS D * WHITE JR., 0000 ARTHUR B. TRIGG, 0000 ROGER J. WITEK, 0000 ANTOINETTE * WRIGHTMCRAE JR., 0000 EUGENE E. TRIZINSKY, 0000 RANDY L. WITHAM, 0000 SCOTT D. TROTTER, 0000 f JAMES R. WITTER, 0000 MARK A. TRUDEAU, 0000 LATISHIE L. WODETZKI, 0000 GEORGE R. TRUMBULL, 0000 CONFIRMATIONS GARY M. WOLFE, 0000 DAVID J. TUBB, 0000 PAMELA J. WOLOSZ, 0000 GIOVANNI K. TUCK, 0000 Executive nominations confirmed by MARSHALL S. WOODSON, 0000 THOMAS W. TUCKER, 0000 SANDRA G. WORTMAN, 0000 the Senate February 27, 2002: WILLIAM S. TULLY JR., 0000 CHRISTOPHER P. WRIGHT, 0000 SCOTT M. TURNER, 0000 IN THE AIR FORCE DAVID A. WRIGHT, 0000 SHAUN B. TURNER, 0000 RICKY L. WYATT, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT STUART L. TURNER, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- LINDA A. TYREE, 0000 MICHAEL J. YAGUCHI, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ROGER T. TYREE, 0000 HIROSHI T. YAMAGUCHI, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JON H. ULLMANN, 0000 ROBERT T. YARBOROUGH, 0000 601: JASON P. ULM, 0000 GEORGE W. P. YORK, 0000 CARL F. UNHOLZ JR., 0000 SARAH E. ZABEL, 0000 To be lieutenant general RALPH E. URCH, 0000 JOSEPH A. ZAHN, 0000 KARON L. UZZELL-BAGGETT, 0000 GEORGE A. ZANIEWSKI, 0000 MAJ. GEN. STEVEN R. POLK ANTHONY E. ZARBANO, 0000 DARRIN M. VALHA, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT FREDERICK W. VANCLEAVE, 0000 KENNETH R. ZATYKO, 0000 FREDDIE D. ZAYAS, 0000 IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- STEPHEN S. VANDERHOOF, 0000 CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE PETER L. VANDEUSEN, 0000 MARK A. ZILLI, 0000 MICHAEL E. ZOLLER, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION ROLAND K. VANDEVENTER, 0000 601: MICHAEL A. VANDOREN, 0000 ANTHONY J. ZUCCO, 0000 GLEN D. VANHERCK, 0000 IN THE ARMY To be lieutenant general FRANK L. VANHORN, 0000 MAJ. GEN. JOHN R. BAKER JAMES A. VANLOBENSELS, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT DONALD A. VANPATTEN, 0000 TO THE GRADE INDICATED IN THE RESERVE OF THE THE FOLLOWING NAMED OFFICER FOR APPOINTMENT PETER L. VANVLECK, 0000 ARMY UNDER TITLE 10, U.S.C., SECTION 12203: IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- MARK G. VARAN, 0000 To be colonel CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE EDGAR M. VAUGHAN, 0000 AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CHRISTOPHER M. VEAZIE, 0000 DONALD E. EBERT, 0000 601: JANE M. VESPERMAN, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT HUGH S. VEST, 0000 To be general TO THE GRADE INDICATED IN THE UNITED STATES ARMY MARK K. VIDMAR, 0000 MEDICAL CORPS AND FOR REGULAR APPOINTMENT LT. GEN. LANCE W. LORD XAVIER C. VILLARREAL, 0000 UNDER TITLE 10, U.S.C., SECTIONS 531, 624, AND 3064: ROGER M. VINCENT, 0000 THE ABOVE NOMINATIONS WERE APPROVED SUBJECT JEFFERY A. VINGER, 0000 To be colonel TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- MICHAEL D. VLK, 0000 QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY MICHAEL G. VOLLMUTH, 0000 CLIFFORD D. FRIESEN, 0000 MC CONSTITUTED COMMITTEE OF THE SENATE. WILLIAM T. VOLZ, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT AIR FORCE NOMINATION OF DAVID E. BLUM. RICHARD M. VROEGINDEWEY, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY AIR FORCE NOMINATIONS BEGINNING JAMES C. COO- DANIEL J. WAGNER JR., 0000 UNDER TITLE 10, U.S.C., SECTION 624: PER II AND ENDING JOHN J. KUPKO II, WHICH NOMINA- ROGER L. WAGNER, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED JAMES D. WALKER, 0000 To be lieutenant colonel IN THE CONGRESSIONAL RECORD ON DECEMBER 20, 2001. LARRY S. WALKER, 0000 GREGORY A. BROUILLETTE, 0000 AIR FORCE NOMINATIONS BEGINNING LINDA F. JONES ROBERT J. WALLACE, 0000 AND ENDING ROBERT J. KING, WHICH NOMINATIONS SCOTT A. WALLACE, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT WERE RECEIVED BY THE SENATE AND APPEARED IN THE ANDREAS W. WALSH, 0000 TO THE GRADE INDICATED IN THE UNITED STATES ARMY CONGRESSIONAL RECORD ON JANUARY 23, 2002. ANNA M. WALTERS, 0000 AND FOR REGULAR APPOINTMENT IN THE JUDGE ADVO- AIR FORCE NOMINATION OF DAN ROSE. CHRISTINA N. WALTON, 0000 CATE GENERAL’S CORPS (IDENTIFIED BY AN ASTERISK AIR FORCE NOMINATIONS BEGINNING DOUGLAS W. BENJAMIN F. WARD, 0000 (*)) UNDER TITLE 10, U.S.C., SECTIONS 624, 531, AND 3064: KNIGHTON AND ENDING ROBERT J. SEMRAD, WHICH MICHAEL J. WARD, 0000 To be major NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- TERRY WARD, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JANUARY WILLIAM M. WARD, 0000 AMY M * BAJUS, 0000 23, 2002. WILLIAM W. WARDEN, 0000 CHRISTOPHER W * BEHAN, 0000 AIR FORCE NOMINATIONS BEGINNING RICHARD E. BARRY G. WARDLAW, 0000 ROBERT W * BEST, 0000 HORN AND ENDING MARK A. WEINER, WHICH NOMINA- PAUL R. WARREN, 0000 LOUIS A BIRDSONG, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED BENJAMIN C. WASH, 0000 GREGORY R * BOCKIN, 0000 IN THE CONGRESSIONAL RECORD ON JANUARY 23, 2002. ESAU N. WATERS, 0000 ROBERT D * BROUGHTON JR., 0000 AIR FORCE NOMINATIONS BEGINNING VINCENT G. PATRICK D. WATHEN, 0000 SUSAN J BURGERHETZEL, 0000 DEBONO, JR. AND ENDING AMY M. ROWE, WHICH NOMINA- DARREL R. WATSEK, 0000 HEATHER L * BURGESS, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED BRUCE A. WATSON, 0000 PAULETTE V * BURTON, 0000 IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2002. DANNY J. WATSON, 0000 DAVID T * CLUXTON, 0000 AIR FORCE NOMINATIONS BEGINNING KATHRYN L. BRUCE K. WAY, 0000 JOHN H CRADDOCK, 0000 AASEN AND ENDING JUSTIN N. ZUMSTEIN, WHICH NOMI- MICHAEL WEBB JR., 0000 MICHAEL A * CRESSLER, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- JANINE T. WEBER, 0000 DANIEL Z CROWE, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JANUARY LINDSAY R. WEBER, 0000 STEVEN P * CULLEN, 0000 28, 2002. MICHAEL R. WEEKS, 0000 GAIL A CURLEY, 0000 AIR FORCE NOMINATIONS BEGINNING *MELISSA A. HAROLD S. WEIMER, 0000 DAVID E * DAUENHEIMER, 0000 AERTS AND ENDING RICHARD M. ZWIRKO, WHICH NOMI- ALISON M. WEIR, 0000 CHERYL A * DUPRAS, 0000 NATIONS WERE RECEIVED BY THE SENATE AND AP- BARTHOLOMEW W. WEISS, 0000 GREGG A * ENGLER, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JANUARY PATRICK G. WELCH, 0000 TODD P * FEDERICI, 0000 28, 2002. DOUGLAS E. WELLS, 0000 ANTHONY E * GENTRY, 0000 AIR FORCE NOMINATIONS BEGINNING TODD E. ABBOTT THOMAS M. WELLS, 0000 PETER C GRAFF, 0000 AND ENDING STEPHEN J. ZIMMERMANN, WHICH NOMINA- RANDALL J. WELP, 0000 RICHARD L * HATFIELD, 0000 TIONS WERE RECEIVED BY THE SENATE AND APPEARED CRAIG J. WERENSKJOLD, 0000 KIMBERLY S * HERNDON, 0000 IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2002. JAMES L. ROY WERTZ, 0000 MICHAEL K * HERRING, 0000 AIR FORCE NOMINATIONS BEGINNING *KIRBY D. HERBERT H. WESSELMAN, 0000 JONATHAN * HOWARD, 0000 AMONSON AND ENDING *DALTON P. WILSON, WHICH JAMES J. WESSLUND, 0000 JOHN T HYATT, 0000 NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- EVIN R. WESTEREN, 0000 CHRISTOPHER W * JACOBS, 0000 PEARED IN THE CONGRESSIONAL RECORD ON JANUARY ROGER H. WESTERMEYER, 0000 YOLANDA M * JAMISON, 0000 28, 2002. CHARLES J. WETTERER, 0000 CARL A * JOHNSON, 0000 AIR FORCE NOMINATIONS BEGINNING SANDRA G. MAT- ROBERT J. WETZEL, 0000 CHARLES T * KIRCHMAIER, 0000 HEWS AND ENDING MARGARET M. NONNEMACHER, BENJAMIN WHAM II, 0000 RICK S * LEAR, 0000 WHICH NOMINATIONS WERE RECEIVED BY THE SENATE JEFFREY L. WHIDDON, 0000 DION LYONS, 0000 AND APPEARED IN THE CONGRESSIONAL RECORD ON JAN- MARK S. WHINNERY, 0000 JOSEPH M * MASTERSON, 0000 UARY 29, 2002. ANDRE P. WHISNANT, 0000 JOHN F * MATLOCK, 0000 AIR FORCE NOMINATIONS BEGINNING REBECCA A. DAVID E. WHITACRE, 0000 TOBY D * MCCOY, 0000 DOBBS AND ENDING MAX S. KUSH, WHICH NOMINATIONS ANDREW B. WHITE III, 0000 DAVID E * MENDELSON, 0000 WERE RECEIVED BY THE SENATE AND APPEARED IN THE ANDREW W. WHITE, 0000 MATTHEW M MILLER, 0000 CONGRESSIONAL RECORD ON JANUARY 29, 2002. EARL R. WHITE JR., 0000 RUSSELL L * MILLER, 0000 AIR FORCE NOMINATIONS BEGINNING ERNEST H. CHET L. WHITLEY, 0000 PHILIP C * MITCHELL, 0000 BARNETT AND ENDING RONALD W. SCHMIDT, WHICH

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NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- ARMY NOMINATIONS BEGINNING DARLENE S. COLLINS MARINE CORPS NOMINATIONS BEGINNING ALBERT R. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY AND ENDING MICHAEL J. WAGNER, WHICH NOMINATIONS ADLER AND ENDING PETER D. ZORETIC, WHICH NOMINA- 29, 2002. WERE RECEIVED BY THE SENATE AND APPEARED IN THE TIONS WERE RECEIVED BY THE SENATE AND APPEARED AIR FORCE NOMINATIONS BEGINNING SANDRA H. CONGRESSIONAL RECORD ON JANUARY 23, 2002. IN THE CONGRESSIONAL RECORD ON FEBRUARY 11, 2002. ALFORD AND ENDING FRANCIS C. ZUCCONI, WHICH NOMI- ARMY NOMINATIONS BEGINNING GARY J. NAVY NOMINATIONS BEGINNING GREGORY W. KIRWAN NATIONS WERE RECEIVED BY THE SENATE AND AP- BROCKINGTON AND ENDING DONNA M. WRIGHT, WHICH AND ENDING MATTHEW M. SCOTT, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD ON JANUARY NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WERE RECEIVED BY THE SENATE AND APPEARED IN THE 29, 2002. PEARED IN THE CONGRESSIONAL RECORD ON JANUARY AIR FORCE NOMINATIONS BEGINNING RAUL A. CONGRESSIONAL RECORD ON FEBRUARY 5, 2002. 28, 2002. AGUILAR AND ENDING GILBERT L. WERGOWSKE, WHICH NAVY NOMINATIONS BEGINNING MICHAEL J. ADAMS ARMY NOMINATIONS BEGINNING MARIAN AMREIN AND NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- AND ENDING SCOTT A. SUOZZI, WHICH NOMINATIONS ENDING STEVEN M. WALTERS, WHICH NOMINATIONS PEARED IN THE CONGRESSIONAL RECORD ON JANUARY WERE RECEIVED BY THE SENATE AND APPEARED IN THE 29, 2002. WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON FEBRUARY 5, 2002. AIR FORCE NOMINATIONS BEGINNING LARRY W. ALEX- CONGRESSIONAL RECORD ON FEBRUARY 15, 2002. NAVY NOMINATION OF JOHN J. WHYTE. ANDER AND ENDING CLAUDIA R. ZIEBIS, WHICH NOMINA- MARINE CORPS NOMINATIONS BEGINNING ROBERT J. NAVY NOMINATIONS BEGINNING KELLY V. AHLM AND TIONS WERE RECEIVED BY THE SENATE AND APPEARED ABBLITT AND ENDING CARL J. WOODS, WHICH NOMINA- ENDING THOMAS A. WINTER, WHICH NOMINATIONS WERE TIONS WERE RECEIVED BY THE SENATE AND APPEARED IN THE CONGRESSIONAL RECORD ON JANUARY 29, 2002. RECEIVED BY THE SENATE AND APPEARED IN THE CON- IN THE CONGRESSIONAL RECORD ON JANUARY 28, 2002. ARMY NOMINATION OF LESLIE C. SMITH II. GRESSIONAL RECORD ON FEBRUARY 11, 2002. MARINE CORPS NOMINATIONS BEGINNING DONALD A. ARMY NOMINATIONS BEGINNING FRANKLIN E. LIM- NAVY NOMINATIONS BEGINNING RENE V. ABADESCO ERICK, JR. AND ENDING GARY J. THORSTENSON, WHICH BARNETT AND ENDING NICOLAS R. WISECARVER, WHICH AND ENDING MARK W. YATES, WHICH NOMINATIONS NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- NOMINATIONS WERE RECEIVED BY THE SENATE AND AP- WERE RECEIVED BY THE SENATE AND APPEARED IN THE PEARED IN THE CONGRESSIONAL RECORD ON JANUARY PEARED IN THE CONGRESSIONAL RECORD ON JANUARY CONGRESSIONAL RECORD ON FEBRUARY 11, 2002. 23, 2002. 28, 2002.

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PERSONAL EXPLANATION recover. Tariffs would also send a clear mes- President should reverse this decision imme- sage to our trading partners that this U.S. is diately. HON. ANTHONY D. WEINER not the dumping ground for all the world’s ex- I would like to remind my colleagues that OF NEW YORK cess steel. since 1973 no U.S. dollars have been used to Our steel companies need a ‘‘time-out’’ from pay for the performance of an abortion as a IN THE HOUSE OF REPRESENTATIVES the constant flow of low-priced imports. Strong method of family planning or for involuntary Wednesday, February 27, 2002 tariffs will provide such a ‘‘time-out.’’ Domestic sterilizations overseas—none. Mr. WEINER. Mr. Speaker, I was unavoid- steel companies and their workers have Turning UNFPA funding into a debate about ably detained in my district on Tuesday, Feb- downsized and restructured and they continue abortion does a disservice to the millions of ruary 26, 2002, and I would like the record to to do so. One example is Republic Tech- women throughout the world who do not have indicate how I would have voted had I been nologies International, which has facilities in access to the health care and reproductive present. my Congressional District. Republic had to file services, education and treatment that is avail- For rollcall vote No. 39, the bill to amend for bankruptcy protection. In order to keep op- able to women in this country. the Immigration and Nationality Act to provide erating in this very difficult market, all workers The World Health Organization estimates for the acceptance of an affidavit of support had to take a 15 percent pay reduction and that close to 600,000 women die each year of from another eligible sponsor if the original additional cost cutting measures are being im- causes related to pregnancy or childbirth. sponsor has died and the Attorney General plemented to reduce costs another 20 percent. Three hundred fifty million women in devel- has determined for humanitarian reasons that Overall employment has fallen by 20 percent oping countries don’t have access to safe and the original sponsor’s classification petition recently. The type of 201 remedy will directly effective family planning methods. More than should not be revoked, I would have voted impact how Republic will be able to restructure 600,000 infants become infected with HIV ‘‘yea.’’ and come out of bankruptcy. If the President each year worldwide. These statistics are ap- For rollcall vote No. 40, the resolution ex- implements a strong remedy, investor con- palling. How can we possibly claim to be pressing sympathy to the people of the Demo- fidence will increase and Republic will be able working to prevent the spread of HIV if we do cratic Republic of the Congo who were trag- to preserve more jobs as it restructures. If the not offer counsel and education in family plan- ically affected by the eruption of the President imposes a weak remedy, Republic ning? Nyiragongo volcano on January 17, 2002, and may face significant job cuts during its restruc- UNFPA is the largest international source of supporting an increase in the amount of as- turing. population assistance to developing countries, sistance provided by the United States to the As steel mills close, it is not just the steel- often working in countries where few others people of the Democratic Republic of the workers and their families that suffer. Steel go, such as Vietnam. UNFPA does not fund Congo I would have voted ‘‘yea.’’ company retirees will lose their retiree health abortion in China and its program there is rig- f benefits in many instances. Furthermore, orously monitored to ensure that it does not every steelworker supports more than three support coercion in any form. RETAINING A STRONG AND jobs in other industries, from workers who We cannot allow yet another issue to get HEALTHY STEEL INDUSTRY IN make production equipment to those who caught up in abortion politics. We have the U.S. IS A MUST process raw materials and move the steel chance to really make a difference for millions products to market. Steel communities are of women worldwide. Let’s give women the HON. RALPH REGULA also impacted by the loss of steelworker jobs opportunity to make informed and educated OF OHIO because people buy less groceries and use decisions about their reproductive health. Mr. IN THE HOUSE OF REPRESENTATIVES less services. It is imperative that we retain a President, reverse the decision to withhold strong and healthy steel industry in the U.S. UNFPA funds. Wednesday, February 27, 2002 not only for our economic well-being but also f Mr. REGULA. Mr. Speaker, I would like to to supply our national defense needs. INTRODUCTION OF THE PAUL commend the President for initiating his three- f prong program to address the steel import cri- REVERE FREEDOM TO WARN ACT sis. This crisis, caused by a worldwide over IN SUPPORT OF INTERNATIONAL capacity of steel making is slowly destroying FAMILY PLANNING FUNDING HON. STEVE ISRAEL our domestic steel industry. The increased OF NEW YORK level of imports, often subsidized by foreign HON. JANE HARMAN IN THE HOUSE OF REPRESENTATIVES governments, keeps driving steel prices down. OF CALIFORNIA Wednesday, February 27, 2002 Not even the most efficient steel mills in the IN THE HOUSE OF REPRESENTATIVES U.S. are able to make money when steel is Mr. ISRAEL. Mr. Speaker, on the evening of priced so low. As of this week, thirty-one steel Wednesday, February 27, 2002 April 18, 1775, Paul Revere bravely went out companies have declared bankruptcy and over Ms. HARMAN. Mr. Speaker, I rise in strong into the Massachusetts night to warn his fellow fifty steel-making and related plants had been opposition to the Administration’s decision to patriots of a threat they faced. shut down. withhold funds already appropriated for the The tyranny of the time dictated that if The President’s steel plan includes the Sec- United Nations Population Fund (UNFPA). caught, Paul Revere would be hanged; he tion 201 investigation initiated last June and Last year, after extensive negotiations be- rode that night knowing that if caught, he efforts to negotiate a reduction of worldwide tween Congress and the Bush Administration, would die. steel making capacity with foreign nations. Congress passed and the President signed Today we have other Americans who take The key element in the President’s plan is the the FY02 Foreign Operations Appropriations risks that are just as real to preserve our lib- 201 investigation. The International Trade bill, including $34 million for UNFPA. erty. These brave men and women risk their Commission (ITC), which completed the 201 The decision to withhold funding from this jobs, their livelihoods, to ensure our safety. investigation last fall, unanimously found that vital program was founded on the mistaken They are fighting for us. And so the least we the level of steel imports coming into the U.S. belief that UNFPA supported forced abortion can do is fight for them. was injuring the domestic steel industry. Now in China. I didn’t come here to Washington to fight for it is up to the President to implement a mean- This decision is part of a disturbing trend of the special interests. I came here to make ingful remedy. The industry and its workers anti-choice opposition within the Administration sure the little guy was protected. are asking for at least 40 percent tariffs across to any type of family planning funding. This In today’s climate, we face new threats, the board. Tariffs would provide the most im- funding is vital to women’s health and vital to threats of life and death. And despite these mediate relief to the industry allowing prices to sustainable international development, and the threats, there are still powerful interests that

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

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.000 pfrm02 PsN: E27PT1 E214 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2002 try to hide their mistakes and negligence rath- College and Mount Holyoke and was later increase, at 47 percent. Approximately half of er than protect the public. named Haas Centennial Professor of Public the 40,000 new HIV infections occurring annu- When there are powerful interests trying to Service at Stanford. ally in America are in young people under the hide what they are doing, we have found that John Gardner served under six U.S. Presi- age of 25. Every hour of every day, two Amer- there is always a brave soul willing to step up dents including President Lyndon B. Johnson icans between the ages of 13 and 24 become and take the heat. We have seen that with the who named him Secretary of Health, Edu- infected with HIV. The CDC report rec- FAA and airline security. We have seen some cation and Welfare. A Republican, Mr. Gard- ommends the need for community-based out- of that with Enron. And yes, we saw that with ner believed good ideas transcended partisan- reach and education, like the programs offered the brave whistleblowers I met with this morn- ship, and as Secretary, he initiated and imple- by Mothers’ Voices. As an organization of par- ing. They each stood up and fought for what mented many of the programs in President ents, Mothers’ Voices has the unique ability to was right and just. Johnson’s War on Poverty. He developed educate young people about the devastating And all of them faced real heat and the in- many of these innovative ideas during his dec- consequences of HIV/AIDS. Under the leader- timidation that too often comes along with ade as President of the Carnegie Corporation. ship of President Suzanne Benzer and Execu- doing the right thing. All too often that heat After leaving government service, Mr. Gard- tive Director Carol Henry, Mothers’ Voices has isn’t fair, and in fact, isn’t even legal. ner continued to serve the public. In 1970 he worked to inform the public about the deadly The law is clear: according to the Lloyd- founded Common Cause, a prominent citi- effects of HIV/AIDS and how to properly pre- LaFollette Act, employers can’t interfere with zens’ watchdog organization that remains a vent infection. whistleblowers. Unfortunately, while the law is powerful political force today. John Gardner As the toll of HIV/AIDS on our families and clear, it doesn’t have any penalties if the act was also cofounder of Independent Sector, a communities mounts higher and higher, it is is violated. It has no teeth; it is like Paul Re- philanthropic coalition of over six hundred cor- imperative that Mothers’ Voices keeps working vere without a voice. The Paul Revere Free- porate and nonprofit organizations. to provide educational outreach and advocacy. dom to Warn Act, which I will be introducing Inspired by his commitment to public serv- I wholeheartedly congratulate Mothers’ Voices later today, protects employees who blow the ice, both Stanford and U.C. Berkeley have es- for ten successful years of educating our fami- whistle by allowing them to bring a civil action tablished a successful public service fellow- lies, raising awareness and advocating for our in federal courts with jury trials. ship in his honor. Modeled after the White children’s health and well being. These people have three years to bring House Fellows Program which Gardner de- f these actions for lost wages and benefits, rein- signed, the John Gardner Fellowship in Public statement, costs and attorney fees, compen- Service serves as a critical launching pad for A TRIBUTE TO THE RECIPIENTS satory or punitive damages, and any other re- graduating seniors looking to pursue a career OF THE FIRST ANNUAL CHIL- lief that the courts believe are appropriate. in public service. DREN AND FAMILIES HEROES This is just common sense; if something is When the House passed Campaign Finance AWARD against the law, then there has to be a price Reform in the early hours of February four- to pay if you violate the law. teenth, it was John Gardner whom I thought of HON. SAM FARR Mr. Speaker, it is time for us all to stand up first because no one did more or spoke more OF CALIFORNIA for the whistleblowers. They are the true patri- eloquently about the need for this critical re- IN THE HOUSE OF REPRESENTATIVES ots, and I want to thank them, salute them, form. Frequently referred to as the ‘‘father of Wednesday, February 27, 2002 and help them by introducing and passing the campaign finance reform,’’ he was appointed Paul Revere Freedom to Warn Act. by President Clinton as co-chairman of the Mr. FARR of California. Mr. Speaker, I rise I would like to thank the Government Ac- Campaign Finance Reform Commission. The today to honor the recipients of the First An- countability Project (GAP). In particular I want American people owe an enormous debt of nual Children and Families Heroes Award to thank Tom Devine and Doug Hartnett, for gratitude to this extraordinary individual for his from Santa Cruz County. These men and constantly keeping the issue of whistleblower leadership, his commitment and his vision. women have all invested time and energy in protection before Congress. Mr. Speaker, I ask my colleagues to join me numerous endeavors designed to improve the The price of liberty is eternal vigilance, and in paying tribute to this exceptional man and welfare of children. Along with the Children & even though they only represent whistle- extend our condolences to his wife and family. Families Commission, I would like to recog- blowers, they too serve as modern Paul Re- We are a better community, a better country nize them for their commitment and service to veres through their work. and a better people because of John W. Gard- our community. The Government Accountability Project has ner. The Santa Cruz County Board of Super- been a very effective partner in laying the f visors established this commission in 1998 to groundwork for this necessary legislation. determine the best practices to promote the IN HONOR OF MOTHERS’ VOICES— f welfare of children. The commission has UNITED TO END AIDS strived ‘‘to ensure that family-friendly services TRIBUTE TO THE HONORABLE and education are available so that each child JOHN W. GARDNER HON. JERROLD NADLER reaches the fifth year of life healthy, ready and OF NEW YORK able to learn, and emotionally well developed.’’ HON. ANNA G. ESHOO IN THE HOUSE OF REPRESENTATIVES Through promoting the ideas healthy and school ready children, as well as strong fami- OF CALIFORNIA Wednesday, February 27, 2002 IN THE HOUSE OF REPRESENTATIVES lies in combination with facilitating community Mr. NADLER. Mr. Speaker, I rise today to discussions, task forces, surveys and data Wednesday, February 27, 2002 congratulate Mothers’ Voices on the occasion analysis, the commission continues to pre- Ms. ESHOO. Mr. Speaker, I rise to pay trib- of its 10th anniversary. Mothers’ Voices is an serve the future viability of the nation. ute today to a distinguished Californian and a organization of mothers and supporters, based I applaud the commission for its work and great American, John W. Gardner, who died at on Manhattan’s West Side, that works to edu- for its recognition of individuals in the commu- the age of eighty-nine on February 16, 2002. cate our families about the prevention of HIV/ nity who promote the welfare of children. In He leaves his wife of 67 years, Aida, and his AIDS and to advocate for creative and effec- honoring these individuals we realize that the two daughters, Stephanie Gardner Trimble tive public policy to stem the tide of this dev- goals of the commission could not be met and Francesca Gardner. He also leaves two astating epidemic. without the support and leadership of count- granddaughters, two grandsons, two great- While the rate of HIV/AIDS infection among less members of the Santa Cruz County com- grandchildren and a brother, Louis. young people under 25 continues to climb, it munity. John W. Gardner was born in California in is increasingly necessary to mobilize our entire I join the Children and Families Commission 1912. A true American hero, he devoted his community to expand education and preven- in congratulating the following recipients for life to public service, pioneering the modern tion programs. Despite the advancements in their commitment to improving the lives of chil- movement for citizen activism, campaign fi- research and treatment of AIDS, the statistics dren in Santa Cruz County: Dr. Salem nance reform and healthcare for the needy. on the rate of infection are disheartening. The Margarian, Laurie Hester, Mountain Commu- A 1935 graduate of Stanford University, Centers for Disease Control recently an- nity Resources, Terry Jimenez, The Beck John Gardner went on to earn a doctorate in nounced that the HIV/AIDS infection rate for Family, Sara Wood Smith, Maria Cristina psychology from the University of California, the U.S. has risen by 8 percent in the last Negrete, Special Parents Information Network, Berkeley. He taught psychology at Connecticut year alone. New York had the highest rate of Rita Mori, Marcia Meyer, Una Baer, Ana

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.004 pfrm02 PsN: E27PT1 February 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E215 Granados, Catherine and Martin Newman, REMEDY SELECTION FOR THE 201 Parmeter, a Colorado Division of Wildlife offi- Julie Olsen Edwards, and Luis Villacreces. STEEL INVESTIGATION cer, whose courageous act of capturing two These individuals and organizations dem- dangerous fugitives went above and beyond onstrate the ongoing need to promote child HON. SONNY CALLAHAN the call of duty, and displayed a measure of welfare programs. OF ALABAMA heroism worthy of being brought before this IN THE HOUSE OF REPRESENTATIVES body of Congress. During his tenure as a Divi- f sion of Wildlife officer, Chris has embodied the Wednesday, February 27, 2002 ideals of integrity, honesty and courage that NATIONAL CENTER FOR SOCIAL Mr. CALLAHAN. Mr. Speaker, within the we, as Americans, have come to expect from WORK RESEARCH ACT next few days the President will make a deci- the men and women who serve in our state sion on the appropriate course of action in re- parks. I, along with the citizens of Colorado, sponse to the International Trade Commission am both grateful and proud of Chris’ extraor- HON. CIRO D. RODRIGUEZ (ITC) findings on steel imports. I am grateful to dinary act of valor, and believe it appropriate the President for addressing this matter and to pay tribute to him for his courage and brav- OF TEXAS hope he will stay the course on the issue of ery. IN THE HOUSE OF REPRESENTATIVES steel imports and keeping our trading partners Though not typically in the job description, interested in negotiations on global over- Chris’ extraordinary efforts to apprehend two Wednesday, February 27, 2002 capacity reductions. armed killers near Salida, Colorado on Sep- Mr. RODRIGUEZ. Mr. Speaker, I rise today Steel is an important part of the economy in tember 29, 2001 are a testament to his relent- Alabama. There are over 20,000 jobs directly less dedication to his job, to his community to acknowledge the hard work and dedication tied to steel in our state. Alabama is home to and to his state. While manning a roadblock in of social workers across the nation. This Fri- some of the most efficient steel makers in the the area where the fugitives were believed to day, March 1st, marks the start of the National world. A mill in my district can turn scrap into be, Chris became involved in the search for Professional Social Work Month. I encourage high grade steel in a matter of hours. It can the two killers. When they were finally flushed Members to take this opportunity to reach out supply steel for ship building as well as a from hiding, it was Chris, along with other to social workers in their local communities. number of other products from street lights to state wildlife employees, who apprehended Social workers are an integral part of the bridges. the two suspects, and ultimately brought them safety net fabric woven to support the most All the steel companies in the U.S. are suf- into custody. Because of his incredible brav- vulnerable in our community—children, senior fering. The accepted reason for this downturn ery, these criminals are now in the hands of citizens, victims of violence. Every day, social is the overproduction of steel world-wide. The law enforcement officials, and of no threat to workers are on the front lines coordinating ITC and our trading partners agree there is a anyone else in the area. His courage in the services and ensuring individuals have their real problem. Everyone recognizes that global face of both fear and adversity is truly remark- basic needs of food, shelter, and health care over capacity is the root cause, and we are able, and I applaud him for his actions. met. On the local level, they can be found in meeting with other steel producing nations to Mr. Speaker, I am honored today to rise and elementary schools, nursing homes, children’s do something about it. pay tribute to a man whose actions are the and veteran’s hospitals, and a variety of serv- But the solution will take years to develop, very essence of all that makes this country ice agencies. On the national level, they advo- and in the meantime the open borders of the great, and I am deeply honored to be able to cate for better social welfare policy through or- U.S. are drawing a lot of this overcapacity and bring them to the attention of this body of ganizations like the National Association of damaging our domestic industry. In the short Congress. It is in times of great need that true run we need to stabilize the domestic market, Social Workers. heroes emerge, and I am proud to say Chris while continuing global trade talks. Parmeter is a hero not only to me, but to his Through their work, social workers promote A four-year time out, is not a lot of time to family, his friends and to this country. It is with healthier and stronger communities, and their correct this situation. The steel industry has a great deal of pride that I stand to honor him experience puts them in a unique position to asked for a four-year tariff starting at 40 per- today, and wish him all the best in his future provide valuable research information on how cent. Each year that tariff will be reduced. This endeavors. to address societal challenges. However, the tariff will do two things, first it will send a mes- f bulk of research addressing these complex so- sage that we are very serious about this prob- cial issues has produced clinical and empirical lem, and second it will demonstrate that these TARIFF-BASED SECTION 201 data that is difficult to translate into effective trade talks are not for show. I am reasonably RELIEF policy solutions. The Social Work Research certain that the talks would not be so well at- Center would provide a venue for this re- tended without the threat of tariffs. HON. AMO HOUGHTON search to be coordinated and disseminated to This tariff will allow the U.S. market to sta- OF NEW YORK Congress and the public. bilize and provide time to see if these global IN THE HOUSE OF REPRESENTATIVES talks will bear fruit. The President should pro- While the Federal Government provides Wednesday, February 27, 2002 vide this assistance, which is perfectly legal funding for various social work research activi- under the WTO, and which is necessary to Mr. HOUGHTON. Mr. Speaker, I rise today ties through the National Institutes of Health bring some stability to the steel markets. along with many of my fellow colleagues to and other Federal agencies, it is difficult to co- The U.S. steel industry underpins our basic urge the President to implement a strong, ef- ordinate or consolidate these critical activities. manufacturing base. We need to be very care- fective remedy for the U.S. steel industry as a Furthermore, for the data we do have, there ful about allowing an industry that is so essen- result of the ITC’s recent Section 201 inves- has been neither an overall assessment of tial to our infrastructure and security to be un- tigation, even if I speak from a somewhat dif- need nor the opportunity to translate the data justly damaged. I hope the President will do ferent perspective than many of these col- into effective policy recommendations. For this the right thing and use the tools provided in leagues. reason, I strongly believe in the creation of a the WTO to give some breathing room to the While I am well aware of the importance of National Center for Social Work Research domestic industry. I will support him in a a stable domestic steel industry to the finan- within the National Institutes of Health. This strong action. cial security and national defense of this coun- try, I do not represent a district with an exten- proposal has received wide-spread support f from the community and bipartisan support in sive steel industry presence that has been Congress. PAYING TRIBUTE TO CHRIS devastated by the recent steel crisis. However, PARMETER I do have a steel specialty company that Mr. Speaker, the establishment of a Na- closed last year, laying off many individuals. tional Center for Social Work Research would The plant was recently purchased by a new result in improved behavioral and mental HON. SCOTT McINNIS owner and is in the process of reopening. In health care policy proposals for our nation’s OF COLORADO IN THE HOUSE OF REPRESENTATIVES addition, I have many constituents in the dis- children, families, and elderly. trict with steel-related jobs that have been hurt I urge my colleagues to support the estab- Wednesday, February 27, 2002 by the steel imports. In New York State, the lishment of this Center and cosponsor the Na- Mr. McINNIS. Mr. Speaker, it is with a great number of employees in the New York steel tional Center for Social Work Research Act. deal of pride that I pay tribute today to Chris industry dropped by 27 percent from January

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.008 pfrm02 PsN: E27PT1 E216 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2002 1998 to July 2001. I also represent thousands lief when they fall victim to unfair trade. These The real meaning, of course, cannot ade- of hard-working Americans who want to know laws are only effective to the extent they are quately be measured in statistics. The deepest that America’s trade laws are going to be en- enforced, and their enforcement is a duty that gratification lies in the strengthening of the forced if their own livelihoods ever come under we owe to the American people. family—the American family and the universal, a similar attack. That is why I stand before f extended family of which we are all a part. you today. During the Faneuil Hall celebration, my own I applaud the President for his recognition ON THE FIRST ANNIVERSARY OF daughter Kara, herself a beneficiary of the that the domestic steel industry is in the midst THE ENACTMENT OF THE CHILD Saigon Babylift 26 years ago and a natural- of a crisis and for initiating a Section 201 in- CITIZENSHIP ACT OF 2001 ized citizen, stressed that U.S. citizenship is vestigation. That investigation has culminated not a rejection of one’s country of origin, but in a unanimous agreement at the ITC that the HON. WILLIAM D. DELAHUNT rather an opportunity to weave a new, deeply U.S. steel industry has been significantly in- OF MASSACHUSETTS personal heritage. jured by the unfair trade practices of foreign IN THE HOUSE OF REPRESENTATIVES The enactment of the Child Citizenship Act was a model of bipartisan legislative collabora- producers and nations. Our laws now put the Wednesday, February 27, 2002 ball back in the President’s court and call on tion. I still hope to build on this success to ad- the Administration to implement a remedy that Mr. DELAHUNT. Mr. Speaker, for all our dress, either administratively or through addi- will give the domestic industry a real oppor- colleagues in this chamber, the days are long tional legislation, a number of questions that tunity to recover from years of unfair trade and and the rewards often intangible. Once in a remain about the Act’s application to children to compete in today’s ever-changing market- great while, however, the results of our work of American citizens living abroad. place. This remedy must come in the form of together are so compelling that it’s worth stop- My only real disappointment—last February strong, tariff-based relief. ping for a moment to take notice. and still today—is the reluctance of the U.S. An effective tariff-based remedy would help In this spirit, I rise today to celebrate the Immigration and Naturalization Service to return steel prices to their normal pre-crisis first anniversary of the implementation of the streamline its protocols for issuing certificates levels and allow American steel companies to Child Citizenship Act of 2001. With the help of of citizenship. make the necessary investments to remain a remarkable bipartisan coalition—Congress- Many of the 150,000 who assumed citizen- viable and competitive in the future. It would men HENRY HYDE and LAMAR SMITH; Senators ship last year, and those since adopted, natu- also stimulate foreign governments and steel DON NICKLES, MARY LANDRIEU and TED KEN- rally desire official affirmation of their new sta- producers to make the difficult decisions that NEDY, to name just a few—we made history tus. Thousands have taken advantage of the U.S. producers have already made—to bring for tens of thousands of American families, new State Department procedures to acquire stability and balance to the global steel mar- and for the scores of overseas orphans they United States passports. The process is so ket. In order to be effective, this remedy must have embraced as their own. straightforward that Senator KENNEDY was meet certain criteria. On February 27, 2001, United States citi- able to hand-deliver the first such passport in The first key to an effective tariff-based rem- zenship was conferred automatically on every the nation on the stage at the Fanueil Hall edy is that it must be substantial in order to young child under age 18 adopted by Amer- celebration, within two hours of the legislation ensure that import prices return to market- ican parents. By the most conservative esti- taking effect. based levels. To that end, the domestic indus- mates, more than 150,000 children woke up Inexplicably, however, the INS still has not try has determined that a 40 percent tariff rate that morning as American citizens. followed suit. If an adoptive child who is now on flat-rolled products is warranted. In the The joy of that sunny morning brimmed on a U.S. citizen seeks an INS certificate, he or Section 201 investigation, two of the ITC Com- the faces of adoptive families, their relatives she must undergo the same lengthy, expen- missioners fully agreed with this determination. and neighbors from coast to coast. Sponta- sive and cumbersome process that faces a An effective remedy also must be com- neous commemorations, public and private, non-citizen seeking naturalization. This proce- prehensive and must be imposed for a sub- sprouted up in dozens of communities across dure is irrationally burdensome for both the stantial period of time. Applying a consistent the country, from Atlanta to Alaska. applicant and the agency; and it offends near- tariff-based remedy across all flat steel prod- It was a special pleasure to help host the ly everyone who has the misfortune to have to ucts is the only fair way to impose relief, and national celebration one year ago today, in undergo it. the only way to ensure that foreign producers Boston’s historic Fanueil Hall. Since its con- These children are already American citi- don’t simply shift their excess production to struction in 1742, that hall has occupied a hal- zens. All adoptive parents want is a piece of other areas. Further, in order for a remedy to lowed place on our nation’s trail toward free- paper affirming that fact. It should be no hard- have any real effect on the domestic and glob- dom. It witnessed the revolutionary speeches er than getting a driver’s license—or a pass- al marketplace, it must be enforced for at least of Samuel Adams, the anti-slavery oratory of port. four years. This will allow the domestic indus- Frederick Douglass, and the stirring call of Fortunately, this problem cannot negate the try to make the necessary adjustments to im- Susan B. Anthony for women’s suffrage. Last enormous benefits the law has conferred on port competition, and the President to achieve February 27, we gathered in that cradle of lib- adoptive families and our entire community. his objective of repairing the global steel trad- erty to mark another step forward. Especially in the wake of September 11, as ing system. The new law lives not only in the bright we all struggle against global misunder- In endorsing the use of an effective, tariff- eyes of these children and the pride in their standing, this new law helps fulfill the lifelong based remedy, I strongly urge the President to parents’ hearts, but also in the story of human dream of thousands of families and shows steer clear of quota-based relief. Such a rem- compassion. In addition to those ‘‘overnight enormous respect to the compassion of our edy would further distort the global market- citizens’’ of last February 27, the Child Citizen- own great, diverse and generous nation. place by providing an artificial incentive for for- ship Act has conferred automatic U.S. citizen- f eign producers to ship substantial amounts of ship upon the lawful completion of each inter- IN HONOR OF GRAND MARSHAL low-priced steel into our borders as quickly as national adoption since. In 2001 alone, U.S. MARYANN CONNELLY possible in order to ‘‘get in under the quota.’’ parents adopted over 4600 orphans from The last thing U.S. producers need at this time China and 4200 from Russia, 1700 from South is another uncontrolled flood of under-priced Korea, 1600 from Guatemala, 1200 from HON. ROBERT MENENDEZ OF NEW JERSEY steel. Ukraine, 700 from each of Romania, Vietnam The Administration has promised on a num- and Kazakhstan; 500 from India; 400 from IN THE HOUSE OF REPRESENTATIVES ber of occasions to be tough on unfair trade, Cambodia; and hundreds more from Bulgaria, Wednesday, February 27, 2002 and now is the time to live up to that promise. Colombia, the Philippines, Haiti, Ethiopia, Po- Mr. MENENDEZ. Mr. Speaker, I rise today The President must implement this effective land, Thailand, Mexico, Jamaica, Liberia, and to honor and acknowledge the many accom- tariff-based relief in order to demonstrate to dozens of other nations—altogether, more plishments of Grand Marshal Maryann foreign producers and governments that the than 19,000 overseas children since the new Connelly. The St. Patrick’s Parade Committee Administration is serious about addressing not law took effect. honored her on Sunday, February 24th, 2002, just the problem of foreign excess steel capac- Each is now a United States citizen. Not at the annual brunch at the Hi-Hat Caterers in ity, but also the problem of unfair trade prac- one had to struggle with the red tape or ex- Bayonne, New Jersey. tices in general. Our laws are consistent with pense of the naturalization process. No federal Maryann Connelly is the Principal at the international law and designed to ensure that agency was saddled with reams of paperwork Philip G. Vroom Elementary School in Ba- our industries have somewhere to turn for re- to process their cases. yonne, New Jersey. She has been employed

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.011 pfrm02 PsN: E27PT1 February 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E217 by the Bayonne Board of Education for the tributions to academia, his community, our na- ical changes, an entirely new administrative past ten years as a teacher and guidance tion and the entire world. I invite my col- system had to be developed, which included counselor. leagues to join me in commemorating his life the complex and daunting county health care She is an active volunteer in a variety of or- and wishing his family well. program. In the political arena, rather than ganizations: she was the first female President f conduct elections for county commissioners, of Ireland’s 32 in 1992; elected by Ireland’s 32 Broomfield elected to have their town council as the first ‘‘Irishwoman of the Year’’ in 1985; IN RECOGNITION OF THE and mayor perform the task of the county elected to Bayonne St. Patrick’s Parade Com- HONORABLE JACK McNULTY commission. This innovative system will en- mittee and was the first female Chairperson sure a smooth transition and ensure those city elected in 1991; and is currently serving her HON. GARY L. ACKERMAN services and county services are coordinated, eighth consecutive term as the General Chair- OF NEW YORK assuring the best possible results to residents. person. She raised funds for the Hudson IN THE HOUSE OF REPRESENTATIVES The people and the government of Broom- County March of Dimes; is a member of the Wednesday, February 27, 2002 field are to be commended for such an inno- Art Auction Committee for the Bayonne Hos- vative and far-sighted task. Their years of hard pital Foundation; and co-hosts a weekly Irish- Mr. ACKERMAN. Mr. Speaker, I rise today work have at last come to fruition and their American radio show. in recognition of the Honorable Jack McNulty, success will be measured by a better quality Mrs. Connelly received the State of New on the occasion of his 80th birthday today. Mr. of life for their citizens. I hope my colleagues Jersey Governor’s Teacher Recognition Award McNulty is the father of our esteemed col- will join me in recognizing this accomplishment in 1992; became a member of Who’s Who league, Congressman Mike McNulty. and in wishing the people of Broomfield City Among American Teachers in 1996; was rec- The Honorable Jack McNulty has had a and County continued success and much ognized as Outstanding Community Leader long and distinguished career in public serv- prosperity in the years to come. from Ireland’s Civic Organization in 1999; and ice. He was first elected to office in 1949 and was awarded the New Jersey Heritage Award has been re-elected to serve the people of his [From Rocky Mountain News, Feb. 22, 2002] in 2001. community in every decade since. Just this 100-DAY-OLD BROOMFIELD HAPPY AS A LARK Maryann Connelly earned her Bachelors past November, he was re-elected as Mayor (By Berry Morson) and Masters of Arts degree from New Jersey of Green Island, a village in New York which BROOMFIELD—Greg Young was turned away City University. his son, Mike, represents with distinction in at the motor vehicle department in this She is married to Philip Connelly and is the Congress. newly formed county when he tried recently proud mother of Kevin Patrick. Jack McNulty is an upstanding citizen, dedi- to register a used Subaru. Today, I ask my colleagues to join me in cated public servant, and devoted father. I ask He didn’t have the right paper-work, honoring Grand Marshal Maryann Connelly for my colleagues to rise and Join with me in hon- Young was told. her contributions towards cultural under- oring Jack McNulty and wishing him a happy But it’s what happened next that surprised standing and the education of our youth. We 80th birthday, and many, many more to come. Young. The clerk who turned him away, Darlene are pleased to have her play such an impor- f tant and positive role in the community of Ba- Yengich, picked up the phone and politely, WELCOMING THE CITY AND but firmly explained to the car’s former yonne, New Jersey. owner which papers must be turned over to f COUNTY OF BROOMFIELD Young for the vehicle to get plates. HONORING DR. A.B. FALCONE ‘‘It stunned me that she just called the HON. MARK UDALL person.’’ Young said, He had made numerous OF COLORADO calls to the previous owner in a vain quest HON. GEORGE RADANOVICH for the magic papers. IN THE HOUSE OF REPRESENTATIVES OF CALIFORNIA Thanks to Yengich’s call, Young is now le- IN THE HOUSE OF REPRESENTATIVES Wednesday, February 27, 2002 gally driving the streets of Broomfield in his Wednesday, February 27, 2002 Mr. UDALL of Colorada. Mr. Speaker, I rise ’92 gray Subaru wagon. today to recognize the ‘‘First 100 Days’’ of That’s the kind of personal service commu- Mr. RADANOVICH. Mr. Speaker, I rise nity leaders were hoping to achieve when today to honor the memory of Dr. A.B. Colorado’s newest county. they campaigned for a 1998 ballot proposal to Falcone on the occasion of the one year anni- At midnight on November 15, 2001, the City make Broomfield a county, as well as a city. versary of his passing, February 20, 2001. Dr. of Broomfield, Colorado, became the City and Today, Broomfield is quietly celebrating Falcone’s resume is full of academic, profes- County of Broomfield, and as such became its 100th day as Colorado’s 64th county, sional and community service accolades which Colorado’s 64th county. It represents the cul- which took effect Nov. 15. No speeches or pa- reveal his dedication to bettering the society in mination of years of difficult and tireless work rades are planned. which he lived. Dr. Falcone’s memory and the results of which will benefit Broomfield But Young is taking plenty about the ben- efits of being able to register his car in the work are alive and continue his legacy of serv- residents with enhanced and more efficient services—not to mention a higher profile. community where he’s lived for 12 years. He ice. showed up recently at a City Council meet- In December of 1953, as a medical re- The success of these efforts is illustrated in ing to tell City leaders about how helpful searcher in biochemistry, Dr. Falcone co-dis- an article from the Rocky Mountain News that Yengich had been. covered the phosphate exchange reactions of I am attaching for the information of our col- ‘‘I said, ‘You must have gotten her from the mitochondrial ATP Synthetase of Oxidative leagues. Planet Wonderful,’’’ Young said. Phosphorylation. He has been widely pub- It all started in 1994 when a citizen group Before Nov. 15, Broomfield was divided lished, recognized by the International Who’s first publicly broached the idea due to the in- among four counties—Adams, Boulder, Jef- Who of Intellectuals and Who’s Who in the conveniences of a city spread across four sep- ferson and Weld. Conducting business such as World and invited to participate in numerous arate counties. This resulted in a fractured registering a car or applying for a marriage community that had to depend on four dif- license meant a drive to a distant county seminars and scientific meetings. seat. ferent seats for basic services and property Dr. Falcone had a number of professional Transition from a city of a city-and-county memberships including the American Medical taxes that varied throughout the city. After four has been smooth, partly because citizens are Association, the American Diabetes Associa- years of organizing and diligence on the part behind the changes, said Russ Ragsdale, the tion and the American Federation for Clinical of many Broomfield officials, Colorado’s voters county clerk and Yengich’s boss. Research. His community organization mem- took the necessary step of agreeing to amend ‘‘They all, as a majority, were behind this berships included the Archeological Society of Colorado’s Constitution to allow the city to be- county thing, and they want to see us suc- America, the Association for Academic Excel- come a city and county. ceed, and they’ve helped,’’ Ragsdale said. ‘‘I lence, the Marines Memorial Association and But this was only the beginning of the work can see it when I sit in the motor vehicle of- the California Association for the Gifted. The that lay ahead. As many in Broomfield County fice, and watch the customers as they come in. They’re glad to have us here, and they Falcone Foundation has established an en- can now attest, creating a new county from make it easy on us.’’ dowment for undergraduate research in chem- scratch is a monumental task. Transfer of records from the previous coun- istry at the College of Chemistry at the Univer- In order to prepare the new county for busi- ties to Broomfield went with few hitches, sity of California, Berkeley. ness, a city and county building, a courthouse Ragsdale said. Mr. Speaker, I rise today to honor Dr. and a county jail had to be located and con- Among the people most happy that Broom- Falcone for his unending support of and con- structed. In addition to these and other phys- field is now a county are police officers.

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.015 pfrm02 PsN: E27PT1 E218 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2002 Before Nov. 15, arrests meant transporting very essence of all that makes this country Despite DSHEA, FDA officials continued to a prisoner to jail in one of the other coun- great, and I am deeply honored to be able to attempt to enforce regulations aimed at keep- ties, said police Chief Tom Deland. They are bring them to the attention of this body of ing the American public in the dark about the resting officer was off the street for hours. Now the county has its own 80-bed jail. Congress. It is in times of great need that true benefits of dietary supplements. Finally, in the Under a unique system, prisoners are heroes emerge, and I am proud to say J.W. case of Pearson v. Shalala, 154 F.3d 650 (DC booked at the arrest scene via computer Wilder is a hero not only to me, but to his fam- Cir. 1999), reh’g denied en banc, 172 F.3d 72 hook-up. The prisoner is taken to jail in a ily, his friends and to this country. It is with a (DC Cir. 1999), the United States Court of Ap- van, while the arresting officer goes back on great deal of pride that I stand to honor him peals for the DC Circuit Court reaffirmed con- patrol, Deland said. today, and wish him at the best in his future sumers’ First Amendment right to learn about Never a high-crime area, the daily jail pop- endeavors. ulation at the new jail has not broken the dietary supplements without unnecessary in- low 20s, Deland said. f terference from the FDA. The Pearson court anticipated my legislation by suggesting the The number will increase in coming HEALTH INFORMATION months—probably to the 50s—as more people FDA adopt disclaimers in order to render INDEPENDENCE ACT OF 2002 begin serving sentences imposed by Broom- some health claims non-misleading. field County court. Most Broomfield crimes In the more than two years since the Pear- now before courts were committed before HON. RON PAUL son decision, members of Congress have had Nov. 15, and so they are being heard in the OF TEXAS to continually intervene with the FDA to en- previous counties. IN THE HOUSE OF REPRESENTATIVES So far, the most serious crime committed sure it followed the court order. The FDA con- in the city or county of Broomfield was as- Wednesday, February 27, 2002 tinues to deny consumers access to truthful sault on a police officer with a knife, Deland Mr. PAUL. Mr. Speaker, I rise to introduce health information. Clearly, the FDA is deter- said. No murders or sexual assault reports the Health Information Independence Act of mined to continue to (as the Pearson court have occurred. 2002. This act takes a major step toward re- pointed out) act as though liberalizing regula- Yengich, the motor vehicle clerk who tions regarding health claims is the equivalent helped Young register his Subaru, said she storing the right of consumers to purchase the would have gone out of her way to help a dietary supplements of their choice and re- of ‘‘asking consumers to buy something while customer at the Jefferson County motor ve- ceive accurate information about the health hypnotized and therefore they are bound to be hicle office, where she previously worked. benefits of foods and dietary supplements. misled.’’ Therefore, if Congress is serious But, she said, the Broomfield office ‘‘is The Health Information Independence Act re- about respecting the First Amendment rights smaller and not quite as busy as the Jeffer- peals the Food and Drug Administration’s of the people, we must remove FDA authority son County office. . . . It seems like every- (FDA) authority to approve health claims of to censor non-misleading health claims, and body is closer knit here.’’ Yengich said she’s in the process of selling foods and dietary supplements. Instead, that those claims which can be rendered non-mis- her house in Lakewood. She plans to move to authority is vested in an independent review leading by the simple device of adopting a dis- Broomfield. board. The board is comprised of independent claimer, by passing my Health Information scientific experts randomly chosen by the Independence Act. f FDA. However, anyone who is, or has ever In conclusion, I urge my colleagues to help PAYING TRIBUTE TO J.W. WILDER been, on the FDA’s payroll is disqualified from establish an objective process that respects serving on the commission. The FDA is forbid- consumers’ First Amendment rights to non- HON. SCOTT McINNIS den from exercising any influence over the re- misleading information regarding the health OF COLORADO view board. If the board recommends approval benefits of foods and dietary supplements by IN THE HOUSE OF REPRESENTATIVES of a health claim then the FDA must approve cosponsoring the Health Information Inde- the claim. pendence Act. Wednesday, February 27, 2002 The board also must consider whether any f Mr. McINNIS. Mr. Speaker, it is with a great claims can be rendered non-misleading by deal of pride that I pay tribute today to senior adopting a disclaimer before rejecting a claim FAMILY AND MEDICAL LEAVE Colorado State Parks ranger J.W. Wilder, out of hand. For example, if the board finds EXPANSION ACT whose courageous act of capturing two dan- that the scientific evidence does not conclu- gerous fugitives went above and beyond the sively support a claim, but the claim could be HON. GENE GREEN call of duty, and displayed a measure of her- rendered non-misleading if accompanied with OF TEXAS oism worthy of being brought before this body a disclaimer then the board must approve the IN THE HOUSE OF REPRESENTATIVES of Congress. It takes a truly special person to claim provided the claim is always accom- Wednesday, February 27, 2002 put himself in harm’s way, not out of duty or panied by an appropriate disclaimer. The dis- obligation, but out of simple benevolence and claimer would be a simple statement to the ef- Mr. GREEN of Texas. Mr. Speaker, I rise civic responsibility. I, along with the citizens of fect that ‘‘scientific studies on these claims are today to introduce legislation which would ex- Colorado, am both grateful and proud of inconclusive’’ and/or ‘‘these claims are not ap- pand the Family and Medical Leave Act so J.W.’s extraordinary act of valor, and believe it proved by the FDA.’’ Thus, the bill tilts the bal- that individuals can take time off when dis- appropriate to pay tribute to him for his cour- ance of federal law in favor of allowing con- aster strikes. age and bravery. sumers access to information regarding the Each year, disasters such as hurricanes, Though not typically in the job description, health benefits of foods and dietary supple- floods, wildfires, earthquakes, and other trage- J.W.’s extraordinary efforts to apprehend two ments, which is proper in a free society. dies strike thousands of families and busi- armed killers near Salida, Colorado on Sep- The procedures established by the Health nesses throughout the United States. In the tember 29, 2001 are a testament to his relent- Information Independence Act are a fair and last year alone, the Federal Emergency Man- less dedication to his job, to his community balanced way to ensure consumers have ac- agement Agency (FEMA) responded to forty- and to his state. After checking on a colleague cess to truthful information about dietary sup- five declared disasters and ten emergencies in who was manning a roadblock, J.W. became plements. Over the past decade, the American thirty-two states, the District of Columbia, involved in the search for the two killers. people have made it clear they do not want Guam and Puerto Rico. More than 49,500 af- When the two fugitives were finally flushed the federal government to interfere with their fected families and businesses sought assist- from hiding, it was J.W., along with other state access to dietary supplements, yet the FDA ance after the September 11th attacks. wildlife employees, who apprehended the two continues to engage in heavy-handed at- Following a disaster, families often have no suspects, and ultimately brought them into tempts to restrict access to dietary supple- home, belongings, clothing, or transportation. custody. Because of his incredible bravery, ments. They struggle to deal with insurance compa- these criminals are now in the hands of law In 1994, Congess responded to the Amer- nies, government officials, the Red Cross, and enforcement officials, and of no threat to any- ican people’s desire for greater access to in- other organizations so that they can get the one else in the area. His courage in the face formation about the benefits of dietary supple- assistance they need to get back to normal. of both fear and adversity is truly remarkable, ments by passing the Dietary Supplements For many individuals this process can take and for his efforts, J.W. was named the out- and Health and Education Act of 1994 several weeks, if not months. standing ranger of the year by the Colorado (DSHEA), which liberalized rules regarding the While most employers are sympathetic and State Parks. regulation of dietary supplements. Congres- compassionate people, they sometimes will Mr. Speaker, I am honored today to rise and sional offices received a record number of not allow employees to take the time they pay tribute to a man whose actions are the comments in favor of DSHEA. need to manage a disaster and get their lives

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A27FE8.019 pfrm02 PsN: E27PT1 February 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E219 in order again. As a result, these individuals The Falling Spring chapter of the AARP is H.R. 1892, The Family Sponsor Immigration are left with no home, no belongings and no a wonderful example of an organization that is Act, a bill that will help keep the American job. This situation can often create a down- making a difference in the lives of the people Dream alive for immigrants whose hopes have ward spiral for some families, where they can- of central Pennsylvania. I enthusiastically con- been crushed by the sudden or unexpected not recover. gratulate them on their anniversary and wish death of their American sponsors. The legislation I have introduced would ex- them another successful 25 years. We know that hundreds of thousands of im- pand the successful Family and Medical f migrants throughout the world go through the Leave Act (FMLA) so that individuals can take IN FOND MEMORY OF JUDY BOGGS time off from work to resolve their situations immigration process each year for the chance during a natural disaster. Dealing with a nat- to share in the promise of America. And what ural disaster is as trying an ordeal as a health HON. ADAM B. SCHIFF a wonderful promise it is—the opportunity to crisis, and amending the FMLA to include this OF CALIFORNIA share in the freedom and blessings of a nation change will ensure that workers are protected IN THE HOUSE OF REPRESENTATIVES born out of ideals. in times of family crisis. Wednesday, February 27, 2002 In many ways, our immigration process is I urge my colleagues to support this legisla- Mr. SCHIFF. Mr. Speaker, I rise today in unique. President Reagan often remarked, tion. great sorrow to remember the life of Judy ‘‘You can go to Turkey and live there your H.R.— Boggs. Judy passed away suddenly on Mon- whole life, but never really become a Turk. Be it enacted by the Senate and House of Rep- day, February 25th. She will be greatly You can go to Japan and live there, but never resentatives of the United States of America in missed, not only by my staff and me, but by really become Japanese. You can go to Ger- Congress assembled, countless members of the community which many, but never become German. But, you SECTION 1. SHORT TITLE. she served so thoughtfully over the past 30 can come from any place in the world and be- This Act may be cited as the ‘‘Family Med- years. come an American.’’ ical Leave Expansion Act’’. Judy grew up in Portland, Oregon and grad- SEC. 2. LEAVE IN CASE OF STATE OR FEDERALLY uated from the University of Washington. She This process is often lengthy and many DECLARED DISASTER. had a passion for the university’s football times even tedious. But our laws are designed (a) NON-FEDERAL EMPLOYEES.—Section team, and it was in 1961 when the Huskies to provide for the fairest and most just system 102(a)(1) of the Family and Medical Leave played in the Rose Bowl that Judy was intro- possible, a system that will not only allow oth- Act of 1993 (29 U.S.C. 2612(a)(1)) is amended duced to Pasadena and the surrounding areas ers access to our society, but that will also by adding at the end the following new sub- help foster their success. Integral to the suc- paragraph: which she grew to love. After marrying Mr. ‘‘(E) Because of a State or Federally de- Dale Boggs, she moved from the Pacific cess of immigrants are their American spon- clared disaster occurring in the geographical Northwest to La Can˜ada Flintridge in the mid- sors—proven citizens with established roots area in which the employee resides, works, 1960s and was a resident of that community and financial security. American sponsors pro- or through which the employee must travel for over 30 years. vide the support necessary to help an immi- to get to work or as a part of the employee’s Judy will long be regarded as one of the grant begin their journey in America. work duties.’’.’’ most influential Democratic political activists in We know, however, that under current law, (b) FEDERAL EMPLOYEES.—Section the foothills communities of my Congressional 6382(a)(1) of title 5, United States Code, is District. She began her political career by vol- in the rare case that an immigrant’s American amended by adding at the end the following sponsor passes away, so too dies the promise new subparagraph: unteering for the 1972 presidential campaign of George McGovern, but her involvement in of America for the immigrant. Imagine the ‘‘(E) Because of a State or Federally de- case of an immigrant who applies to become clared disaster occurring in the geographical local politics began in 1973 when she co- area in which the employee resides, works, founded ACT, a non-partisan action group a permanent resident, who plays by all the or through which the employee must travel which over the years has supported cam- rules and waits patiently in hope, perhaps to to get to work or as a part of the employee’s paigns for elected leaders serving the foothill be united with a long separated loved one, but work duties.’’. communities in the California state Assembly who at the last minute is hit by the death of f and Senate, and the U.S. House of Rep- this loved one. Not only is the loss of this per- resentatives. son a tragedy to be overcome, but the hopes CONGRATULATIONS ON 25TH ANNI- Most recently Judy served as a Senior Field and dreams of the immigrant are thwarted as VERSARY OF FOUNDING OF Deputy to State Senator Jack Scott. It is in well. AARP CHAPTER 2840 IN FALLING this capacity that my staff and I grew to re- According to reports from INS, this scenario SPRING, PENNSYLVANIA spect Judy for her wealth of experience and knowledge, and to love her for her charm, became part of the September 11 tragedy. As HON. BILL SHUSTER grace and dignity. She possessed an un- the towers crumbled and thousands of lives matched spirit, and brought joy and laughter to were lost, so too was lost the chance for immi- OF PENNSYLVANIA grants in-waiting to continue on the road to IN THE HOUSE OF REPRESENTATIVES all who had an opportunity to work with her. I believe the former mayor of Pasadena, the become Americans. Thankfully, the Patriot Act Wednesday, February 27, 2002 Honorable Kathryn Nack, said it best when which the President signed last fall included Mr. SHUSTER. Mr. Speaker, I rise today to she commented, ‘‘You don’t meet a Judy important provisions to extend visas and filing congratulate the members of AARP chapter Boggs in this world and not . . . want to see deadlines for the alien relatives of those killed number 2840 of Falling Spring, Pennsylvania, her all the time.’’ Judy’s bright smile and quick in the World Trade Center already involved on the 25th Anniversary of the chapter’s wit were adored by all who were lucky enough with the immigration process. However, more founding. The AARP is dedicated to enhanc- to have Judy in their lives, and we will always needs to be done to accommodate future sce- ing the quality of life for its members and for carry a terrific fondness and love for her. narios. I ask all Members of the United States members of the community through education, HR 1892 will help correct this glitch in our House of Representatives to pause and join advocacy, and service. immigration law. It says if a qualifying relative This very active chapter is comprised of me today in honoring the life of Judy Boggs, for her many gifts, most especially her friend- of the deceased sponsor exists, they can act nearly 650 members and 100 honorary mem- as a replacement. As an immigrant you don’t bers. The members of this chapter focus on ship. She will be missed by many people. have to start the whole process over again. community service and strive to live by their f Remember, we want to reward those who motto ‘‘To Serve and Not to be Served.’’ To FAMILY SPONSOR IMMIGRATION have played by the rules—those who attempt that end, this chapter has served as the long- ACT time sponsor and supporter of the Chambers- to go through the process we have designed, burg Toy Mission, which help bring the Christ- seeking justice and fair treatment. Let’s correct mas spirit to children in Franklin County. The HON. CHRISTOPHER H. SMITH this unfair technicality in our immigration law OF NEW JERSEY members also participate in the Adopt-a-High- to help keep the American Dream a reality for IN THE HOUSE OF REPRESENTATIVES way program and the ‘‘Meals on Wheels’’ pro- those who lose their sponsors. The hope of gram. The chapter even has its own chorus Wednesday, February 27, 2002 freedom should not die because of the un- that tours the area performing for residents of Mr. SMITH of New Jersey. Mr. Speaker, timely death of a sponsor. I thank my col- nursing and retirement homes. yesterday, the House overwhelmingly passed leagues for supporting HR 1892.

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.023 pfrm02 PsN: E27PT1 E220 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2002 PAYING TRIBUTE TO ESTHER incredible woman. Throughout her life, Esther American Legion and VFW, as well as various MASH has managed to enrich and improve the lives senior citizen organizations. of those around her. She continues to dedi- Today, I ask my colleagues to join me in HON. SCOTT McINNIS cate her time and energy to bring the gift of honoring Mayor Patricia Siano-Gilligan of OF COLORADO learning to children throughout the community. Keansburg, New Jersey, for her many accom- Esther Mash is truly an inspiration to all of us plishments and her dedication to public serv- IN THE HOUSE OF REPRESENTATIVES and I am honored to recognize her passion for ice. Wednesday, February 27, 2002 life and indomitable human spirit that sets an Mr. McINNIS. Mr. Speaker, I would like to example of charity to us all. f take this opportunity to pay tribute to Esther f HONORING DON OLSEN Mash and thank her for her extraordinary con- tributions to the children of Mesa County and IN HONOR OF MAYOR PATRICIA the State of Colorado. Her life-long dedication SIANO-GILLIGAN HON. GEORGE RADANOVICH to her job as a schoolteacher and now as a OF CALIFORNIA volunteer at her local elementary school is HON. ROBERT MENENDEZ IN THE HOUSE OF REPRESENTATIVES matched only by the level of integrity and hon- OF NEW JERSEY Wednesday, February 27, 2002 esty with which she has conducted herself IN THE HOUSE OF REPRESENTATIVES each and every day. The children whose lives Mr. RADANOVICH. Mr. Speaker, I rise Wednesday, February 27, 2002 she has touched are eternally grateful for all today to recognize Don Olsen on the occasion that she has taught them in her lifetime of Mr. MENENDEZ. Mr. Speaker, I rise today of the completion of his term as President of public service. to recognize Mayor Patricia Siano-Gilligan of the Eastern Madera County Chamber of Com- At age ninety-one, Esther is the oldest vol- Keansburg, New Jersey, who was honored on merce. Mr. Olsen provided valuable leadership unteer in the Mesa County Retired Senior Vol- February 22, 2002, at the First Annual during his tenure and has an exemplary unteer Program. Every weekday, Esther walks Keansburg Mayor’s Ball. record of career and civic leadership. He to Taylor Elementary to volunteer her morn- Mayor Gilligan was born in Hoboken, New served as the Chamber’s President from Janu- ings and afternoons to tutor needy children. Jersey, and lived in Union City and Carteret ary 1, 2001, until December 31, 2001. Known to the children as ‘‘Grandma Mash,’’ before moving to Keansburg sixteen years Mr. Olsen has been a member of the East- Esther brings to the classroom the rare gift of ago. ern Madera County Chamber of Commerce for a lifetime of experience gained as a teacher In 1994, Mayor Gilligan was elected to the five years. As President, he coordinated the for over 20 years with District 51, located in Keansburg City Council, where she served effort of the organization’s many officers, di- southeast Colorado. She retired in 1975, after until 1998, becoming the youngest rectors, and committee chairpersons to create providing countless children with the gift of councilperson ever elected to office in the an effective mechanism to organize and spon- learning. Bayshore area of New Jersey. Following her sor many successful projects that benefited Esther continued to dedicate her efforts to tenure as councilperson, she focused her ef- the local community, the business community, children when she moved to Palisade, Colo- forts on reorganizing the Keansburg Demo- and local civic organizations. rado in 1995. There, she began to volunteer at cratic Party preparation for the General Elec- In addition to his responsibilities with the Taylor Elementary, and continues to enjoy the tion of 2000. Eastern Madera County Chamber of Com- respect and adulation from colleagues and Patricia Siano-Gilligan was sworn-in as the merce, Mr. Olsen has been a member of the children throughout the school. The school Mayor of Keansburg in 2000, becoming the Oakhurst Sierra Sunrise Rotary for seven community, from the principal and teachers to only female mayor in the Bayshore area, as years, Director for the Boys and Girls Club of the children and parents, has repeatedly ex- well as the youngest mayor in the area. Mayor Oakhurst, and Senior Coach of Sierra Little pressed their gratitude for Esther’s volunteer Gilligan was a founding member of ‘‘Save the League for three years. efforts. Taylor Elementary recently awarded Bay’’ Committee, which successfully stopped a Mr. Speaker, I rise today to honor Don her efforts with the title of ‘‘extraordinary vol- proposed waste site off the coast of Olsen for his service as President to the East- unteer.’’ Keansburg. ern Madera County Chamber of Commerce. I Mr. Speaker, it is with great pride that I For several years, she has been a dedi- invite my colleagues to join me in thanking bring to the attention of this body of Congress, cated basketball and softball coach, and is ac- him for his community service and wishing him and this nation, the life and spirit of such an tive with such veterans’ organizations as the many more years of continued success.

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0626 Sfmt 0634 E:\CR\FM\A27FE8.028 pfrm02 PsN: E27PT1 February 27, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E221 SENATE COMMITTEE MEETINGS Judge of the Superior Court of the Dis- 2:30 p.m. Title IV of Senate Resolution 4, trict of Columbia. Commerce, Science, and Transportation SD–342 Communications Subcommittee agreed to by the Senate on February 4, Armed Services To hold hearings to examine wireless 1977, calls for establishment of a sys- SeaPower Subcommittee communications infrastructure in the tem for a computerized schedule of all To hold hearings on proposed legislation United States. meetings and hearings of Senate com- authorizing funds for fiscal year 2003, SR–253 mittees, subcommittees, joint commit- focusing on Marine Corps moderniza- Banking, Housing, and Urban Affairs tees, and committees of conference. tion programs. Housing and Transportation Subcommittee This title requires all such committees SR–222 To hold oversight hearings to examine to notify the Office of the Senate Daily Health, Education, Labor, and Pensions the proposed reauthorization of the HUD McKinney-Vento Homeless As- Digest—designated by the Rules com- To hold hearings to examine the dangers of cloning and the promise of regenera- sistant Act Programs. mittee—of the time, place, and purpose SD–538 of the meetings, when scheduled, and tive medicine. SD–430 Armed Services any cancellations or changes in the Emerging Threats and Capabilities Sub- meetings as they occur. MARCH 6 committee As an additional procedure along To hold hearings on proposed legislation 9:30 a.m. with the computerization of this infor- authorizing funds for fiscal year 2003 Governmental Affairs for the Department of Defense, focus- mation, the Office of the Senate Daily To hold hearings to examine the moni- Digest will prepare this information for ing on nonproliferation programs of toring of accountability and competi- the Department of Energy and the Co- printing in the Extensions of Remarks tion in the Federal and Service Con- operative Threat Reduction program of section of the CONGRESSIONAL RECORD tract Workforce. the Department of Defense. on Monday and Wednesday of each SH–216 SR–222 week. Agriculture, Nutrition, and Forestry Intelligence Meetings scheduled for Thursday, To hold hearings to examine the nomina- To hold closed hearings on pending intel- February 28, 2002 may be found in the tions of Thomas C. Dorr, of Iowa, to be ligence matters. Daily Digest of today’s RECORD. a Member of the Board of Directors of SH–219 the Commodity Credit Corporation, MEETINGS SCHEDULED and to be Under Secretary of Agri- MARCH 7 culture for Rural Development, Nancy 9:30 a.m. MARCH 1 Southard Bryson, of the District of Co- Armed Services 10 a.m. lumbia, to be General Counsel of the To hold hearings on proposed legislation Governmental Affairs Department of Agriculture, and Grace authorizing funds for fiscal year 2003 International Security, Proliferation and Trujillo Daniel, of California, and Fred for the Department of Defense, and the Federal Services Subcommittee L. Dailey, of Ohio, each to be a Member Future Years Defense Program. To hold hearings to examine U. S. policy of the Board of Directors of the Federal SH–216 in Iraq. Agricultural Mortgage Corporation, 10 a.m. SD–342 Farm Credit Administration. Veterans’ Affairs SD–106 To hold joint hearings with the House MARCH 5 10 a.m. Committee on Veterans’ Affairs to ex- Armed Services amine the legislative presentations of 9:30 a.m. Readiness and Management Support Sub- the Paralyzed Veterans of America, Armed Services committee Jewish War Veterans, Blinded Veterans To hold hearings on proposed legislation To hold hearings to examine financial Association, the Non-Commissioned Of- authorizing funds for fiscal year 2003 management issues of the Department ficers Association, and the Military for the Department of Defense and the of Defense. Order of the Purple Heart. Future Years Defense Program, focus- 345, Cannon Building ing on unified and regional com- SR–222 Appropriations Appropriations manders, military strategy and oper- Commerce, Justice, State, and the Judici- ational requirements. Defense Subcommittee To hold hearings on proposed budget es- ary Subcommittee SH–216 To hold hearings on proposed budget es- 10 a.m. timates for fiscal year 2003 for the Army budget. timates for fiscal year 2003 for the Se- Indian Affairs curities and Exchange Commission and To hold hearings on the President’s pro- SD–192 Foreign Relations the Federal Communications Commis- posed budget request for fiscal year sion. 2003 for Indian programs. To hold hearings to examine the ter- rorist nuclear threat, focusing on dirty SR–253 SR–485 Indian Affairs Banking, Housing, and Urban Affairs bombs and basement nukes. SD–419 To resume hearings on the President’s To hold oversight hearings to examine proposed budget request for fiscal year Budget accounting and investor protection 2003 for Indian programs. To hold hearings to examine the Presi- issues raised by Enron and other public SR–485 dent’s proposed budget request for fis- companies. Banking, Housing, and Urban Affairs cal year 2003, focusing on analysis of SD–538 To hold oversight hearings to examine Appropriations the Congressional Budget Office. the semi-annual report on Monetary Commerce, Justice, State, and the Judici- SD–608 Policy of the Federal Reserve. ary Subcommittee Health, Education, Labor, and Pensions SD–106 To hold hearings on proposed budget es- Public Health Subcommittee Health, Education, Labor, and Pensions timates for fiscal year 2003 for the Ju- To hold hearings to examine the im- To hold hearings on proposed legislation diciary. provement of surveillance of chronic authorizing funds for national service SD–138 conditions and potential links to envi- programs. Judiciary ronmental exposures. SD–430 To hold hearings on pending executive SD–430 2:30 p.m. branch nominations. Banking, Housing, and Urban Affairs Energy and Natural Resources SD–226 To hold oversight hearings to examine National Parks Subcommittee 2:30 p.m. accounting and investor protection To hold hearings to examine S. 1069, to Veterans’ Affairs issues raised by Enron and other public amend the National Trails System Act To hold hearings on the nomination of companies. to clarify Federal authority relating to Robert H. Roswell, of Florida, to be SD–538 land acquisition from willing sellers Under Secretary for Health, and Daniel 10:30 a.m. from the majority of the trails in the L. Cooper, of Pennsylvania, to be Judiciary System; S. 213, to amend the National Under Secretary for Benefits, both of Antitrust, Competition and Business and Trails System Act to update the feasi- the Department of Veterans Affairs. Consumer Rights Subcommittee bility and suitability studies of 4 na- SR–418 To hold hearings to examine cable com- tional historic trails and provide for Governmental Affairs petition, focusing on the Echostar-Di- possible additions to such trails; H.R. To hold hearings on the nomination of rect TV merger. 1384, to amend the National Trails Sys- Jeanette J. Clark, to be an Associate SD–226 tem Act to designate the Navajo Long

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 0626 Sfmt 0634 E:\CR\FM\M27FE8.000 pfrm02 PsN: E27PT1 E222 CONGRESSIONAL RECORD — Extensions of Remarks February 27, 2002 Walk to Bosque Redondo as a national MARCH 14 American Ex-Prisoners of War, the historic trail; and S. 1946, to amend the 10 a.m. Vietnam Veterans of America, the Re- National Trails System Act to des- Veterans’ Affairs tired Officers Association, the National ignate the Old Spanish Trail as a Na- To hold joint hearings with the House Association of State Directors of Vet- tional Historic Trail. Committee on Veterans’ Affairs to ex- erans Affairs, and AMVETS. SD–366 amine the legislative presentations of 345, Cannon Building the Gold Star Wives of America, the MARCH 12 Fleet Reserve Association, the Air MARCH 21 10 a.m. Force Sergeants Association, and the 10 a.m. Appropriations Retired Enlisted Association. Appropriations Commerce, Justice, State, and the Judici- 345, Cannon Building ary Subcommittee Commerce, Justice, State, and the Judici- ary Subcommittee To hold hearings on proposed budget es- MARCH 19 timates for fiscal year 2003 for the De- To hold hearings on proposed budget es- partment of State. 10 a.m. timates for fiscal year 2003 for the Fed- SD–138 Appropriations eral Bureau of Investigation, Immigra- 2:30 p.m. Commerce, Justice, State, and the Judici- tion and Naturalization Service, and Armed Services ary Subcommittee the Drug Enforcement Administration, Emerging Threats and Capabilities Sub- To hold hearings on proposed budget es- all of the Department of Justice. committee timates for fiscal year 2003 for the Na- SD–116 To hold hearings on proposed legislation tional Oceanic and Atmospheric Ad- authorizing funds for fiscal year 2003 ministration and the Small Business APRIL 10 for the Department of Defense and the Administration. 10:30 a.m. Future Years Defense Program, focus- SD–138 Judiciary ing on special operations military ca- pabilities, operational requirements, MARCH 20 Antitrust, Competition and Business and Consumer Rights Subcommittee and technology acquisition. 10 a.m. SR–222 Judiciary To hold hearings to examine cable com- Technology, Terrorism, and Government petition, focusing on the ATT-Comcast MARCH 13 Information Subcommittee merger. 10 a.m. To hold hearings to examine identity SD–226 Appropriations theft and information protection. Commerce, Justice, State, and the Judici- SD–226 ary Subcommittee 2 p.m. To hold hearings on proposed budget es- Veterans’ Affairs timates for fiscal year 2003 for the De- To hold joint hearings with the House partment of Commerce. Committee on Veterans’ Affairs to ex- SD–116 amine the legislative presentations of

VerDate 112000 06:31 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 0626 Sfmt 0634 E:\CR\FM\M27FE8.000 pfrm02 PsN: E27PT1 Wednesday, February 27, 2002 Daily Digest

HIGHLIGHTS The House passed H.R. 1542, Internet Freedom and Broadband Deploy- ment Act. Senate eral to study the adequacy of existing electoral fraud Chamber Action statutes and penalties. Page S1223 Routine Proceedings, pages S1223–S1326 Hatch Amendment No. 2936, to make the provi- Measures Introduced: Three bills were introduced, sions of the Voting Rights Act of 1965 permanent. as follows: S. 1970–1972. Pages S1251–52 Page S1223 Measures Passed: Schumer/Wyden Amendment No. 2937, to per- mit the use of a signature or personal mark for the Read Across America Day: Committee on the Ju- purpose of verifying the identity of voters who reg- diciary was discharged from further consideration of ister by mail. (By 46 yeas to 51 nays (Vote No. 38), S. Res. 211, designating March 2, 2002, as ‘‘Read Senate failed to table the amendment.) Across America Day’’, and the resolution was then Pages S1223–28 agreed to. Page S1260 Smith (NH) Amendment No. 2933, to prohibit Election Reform: Senate continued consideration of the broadcast of certain false and untimely informa- S. 565, to establish the Commission on Voting tion on Federal elections. Page S1223 Rights and Procedures to study and make rec- Bond Amendment No. 2940 (to Amendment No. ommendations regarding election technology, voting, 2937), to permit the use of signature verification and election administration, to establish a grant pro- programs to verify the identity of individuals who gram under which the Office of Justice Programs register to vote by mail. Pages S1228–32 and the Civil Rights Division of the Department of A motion was entered to close further debate on Justice shall provide assistance to States and local- the bill and, in accordance with the provisions of ities in improving election technology and the ad- Rule XXII of the Standing Rules of the Senate, the ministration of Federal elections, and to require cloture vote will occur on Friday, March 1, 2002. States to meet uniform and nondiscriminatory elec- Page S1241 tion technology and administration requirements for A unanimous-consent agreement was reached pro- the 2004 Federal elections, taking action on the fol- viding for further consideration of the bill at 11 lowing amendments proposed thereto: Pages S1223–41 a.m., on Thursday, February 28, 2002. Page S1241 Pending: National Laboratories Partnership Improvement Clinton Amendment No. 2906, to establish a re- Act: A unanimous-consent agreement was reached sidual ballot performance benchmark. Page S1223 modifying the pending Daschle/Bingaman Amend- Dodd (for Schumer) Modified Amendment No. ment No. 2917 to S. 517, to authorize funding the 2914, to permit the use of a signature or personal Department of Energy to enhance its mission areas mark for the purpose of verifying the identity of vot- through technology transfer and partnerships for fis- ers who register by mail. Page S1223 cal years 2002 through 2006. Pages S1262–S1320 Dodd (for Kennedy) Amendment No. 2916, to clarify the application of the safe harbor provisions. Messages from the President: Senate received the following message from the President of the United Page S1223 States: Hatch Amendment No. 2935, to establish the Advisory Committee on Electronic Voting and the Transmitting, pursuant to law, a report con- Electoral Process, and to instruct the Attorney Gen- cerning the continuation of the national emergency D134

VerDate 11-MAY-2000 05:50 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE2.REC pfrm02 PsN: D27FE2 February 27, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D135 relating to Cuba and of the emergency authority re- lating to the regulation of the anchorage and move- Committee Meetings ment of vessels to extend beyond March 1, 2002; to (Committees not listed did not meet) the Committee on Banking, Housing, and Urban Affairs. (PM–71) Page S1251 APPROPRIATIONS—AGRICULTURE Nominations Confirmed: Senate confirmed the fol- Committee on Appropriations: Subcommittee on Agri- lowing nominations: culture, Rural Development, and Related Agencies 3 Air Force nominations in the rank of general. held hearings to examine proposed budget estimates Routine lists in the Air Force, Army, Marine for fiscal year 2003 for the Department of Agri- Corps, Navy. Pages S1325–26 culture, receiving testimony from Ann M. Veneman, Nominations Received: Senate received the fol- Secretary of Agriculture, who was accompanied by lowing nominations: several of her associates. Hearings continue on Wednesday, March 13. Deborah Matz, of New York, to be a Member of the National Credit Union Administration Board for APPROPRIATIONS—DEFENSE a term expiring August 2, 2005. Committee on Appropriations: Subcommittee on Defense Lawrence E. Butler, of Maine, to be Ambassador concluded hearings to examine proposed budget esti- to The Former Yugoslav Republic of Macedonia. mates for fiscal year 2003 for the Department of De- J. Russell George, of Virginia, to be Inspector fense, after receiving testimony from Paul General, Corporation for National and Community Wolfowitz, Deputy Secretary, and Dov S. Zakheim, Service. Under Secretary/Comptroller, both of the Depart- Victoria A. Lipnic, of Virginia, to be an Assistant ment of Defense. Secretary of Labor. Naomi Shihab Nye, of Texas, to be a Member of APPROPRIATIONS—HIGHWAY SAFETY the National Council on the Humanities for a term Committee on Appropriations: Subcommittee on Trans- expiring January 26, 2006. (Reappointment) portation concluded hearings to examine proposed John Leonard Helgerson, of Virginia, to be In- budget estimates for fiscal year 2003 for the Depart- spector General, Central Intelligence Agency. ment of Transportation, focusing on highway safety Routine lists in the Air Force, Army. programs, after receiving testimony from Jeffrey W. Pages S1320–25 Runge, Administrator, National Highway Traffic Safety Administration, Department of Transpor- Messages From the House: Page S1251 tation; Marion C. Blakey, Chairman, National Trans- Measures Referred: Page S1251 portation Safety Board; James W. McMahon, New Enrolled Bills Presented: Page S1251 York State Police, Ballston Lake, on behalf of the International Associations of Chiefs of Police; and Additional Cosponsors: Page S1252 Millie I. Webb, Mothers Against Drunk Driving, Statements on Introduced Bills/Resolutions: Houston, Texas. Pages S1252–58 FEMA TERRORISM RESPONSE Additional Statements: Page S1250 Committee on Appropriations: Subcommittee on VA, Amendments Submitted: Pages S1258–59 HUD, and Independent Agencies concluded hearings Authority for Committees to Meet: Pages S1259–60 to examine the role of the Federal Emergency Man- Record Votes: One record vote was taken today. agement Agency (FEMA) concerning terrorism re- sponse, including funding for first responder and live (Total–38) Page S1228 agent training facilities such as the Center for Do- Adjournment: Senate met at 9:30 a.m., and ad- mestic Preparedness, the impact of the proposed journed at 6:15 p.m., until 10:30 a.m., on Thursday, transfer of the Office of Emergency Preparedness February 28, 2002. (For Senate’s program, see the re- from the Department of Justice to FEMA, and U.S. marks of the Acting Majority Leader in today’s chemical weapons stockpiles protection, after receiv- Record on page S1320). ing testimony from Joe M. Allbaugh, Director, Fed- eral Emergency Management Agency.

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WEAPONS OF MASS DESTRUCTION Telecommunications and Information Administration Committee on Armed Services: Subcommittee on Emerg- Organization Act to establish a digital network tech- ing Threats and Capabilities concluded hearings to nology program, focusing on the digital divide and examine the status of Iraq’s current holdings of minority serving institutions, after receiving testi- weapons of mass destruction, after receiving testi- mony from Antonio Flores, Hispanic Association of mony from Anthony H. Cordesman and Charles A. Colleges and Universities, San Antonio, Texas; Wil- Duelfer, both of the Center for Strategic and Inter- liam H. Gray III, United Negro College Fund, Inc., national Studies, Washington, D.C. Fairfax, Virginia; Frederick S. Humphries, National Also, subcommittee met in closed session on the Association for Equal Opportunity in Higher Edu- aforementioned, after receiving testimony from offi- cation, Silver Spring, Maryland; Gerald Monette, cials of the intelligence community. Turtle Mountain Community College, Belcourt, North Dakota, on behalf of the American Indian DEFENSE ACQUISITION POLICY Higher Education Consortium; Juliet V. Garcia, Committee on Armed Services: Subcommittee on Readi- University of Texas and Texas Southmost College, ness and Management Support concluded hearings to Brownsville; Marie V. McDemmond, Norfolk State examine the Department of Defense acquisition pol- University, Norfolk, Virginia; George Sandoval, icy, focusing on proposals to change the military en- Dine College, Tsaile, Arizona; and Louis W. Sul- vironment, reduce cycle time, improve processes in- livan, Morehouse School of Medicine, Atlanta, Geor- cluding greater use of competition, link human re- gia, on behalf of the Atlanta University Center sources to requirements, and monitor progress with Council of Presidents. metrics, after receiving testimony from Michael W. Wynne, Principal Deputy Under Secretary for Ac- PRIVATE PENSION SYSTEM SECURITY quisition, Technology and Logistics, and Deidre A. Lee, Director, Defense Procurement, both of the De- Committee on Finance: Committee held hearings to ex- partment of Defense; and Angela B. Styles, Adminis- amine potential vulnerability issues of employer- trator for Federal Procurement Policy, Office of Man- sponsored defined contribution and benefits retire- agement and Budget. ment plans, otherwise known as pension plans, in- cluding the importance of investment diversification, CORPORATE GOVERNANCE investor education issues, information disclosure, fi- Committee on Banking, Housing, and Urban Affairs: duciary rules needed to safeguard employee pension Committee concluded oversight hearings to examine assets, and related issues associated with the Enron issues related to corporate governance raised by Corporation’s defined benefit pension plans, receiv- Enron Corporation, focusing on abuse of stock op- ing testimony from David M. Walker, Comptroller tions, auditor independence, and compensation General of the United States, General Accounting issues, after receiving testimony from John H. Biggs, Office; William F. Sweetnam, Jr., Benefits Tax Teachers’ Insurance and Annuity Association—Col- Counsel, Office of Tax Policy, Department of the lege Retirement Equities Fund (TIAA-CREF), and Treasury; Steven A. Kandarian, Executive Director, Ira M. Millstein, Weil, Gotshal, and Manges, on be- Pension Benefit Guaranty Corporation; Jack L. half of the Blue Ribbon Committee on Improving VanDerhei, Temple University, Philadelphia, Penn- the Effectiveness of Corporate Audit Committees, sylvania, on behalf of the Employee Benefit Research both of New York, New York. Institute; R. Bradford Huss, Trucker Huss, San BUDGET OUTLOOK Francisco, California, on behalf of the American Soci- ety of Pension Actuaries. Committee on the Budget: Committee concluded hear- Hearings recessed subject to call. ings to examine the long-term budgetary outlook of the United States, focusing on demographic trends, FUTURE SECURITY the impact of the aging baby boom generation, and creating a balance between current needs and wants Committee on Foreign Relations: Committee concluded against known long term pressures, after receiving hearings to examine the development of a secure fu- testimony from David M. Walker, Comptroller Gen- ture, focusing on democratization, poverty allevi- eral of the United States, General Accounting Office. ation, and human rights, after receiving testimony from Madeleine K. Albright, National Democratic DIGITAL NETWORK TECHNOLOGY Institute for International Affairs, former Secretary of PROGRAM State, and Richard N. Perle, former Assistant Sec- Committee on Commerce, Science, and Transportation: Sub- retary of Defense for International Security, on behalf committee on Science, Technology, and Space con- of the American Enterprise Institute, both of Wash- cluded hearings on S. 414, to amend the National ington, D.C.

VerDate 11-MAY-2000 05:50 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE2.REC pfrm02 PsN: D27FE2 February 27, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D137 UN POPULATION FUND WORKPLACE SAFETY Committee on Foreign Relations: Subcommittee on Committee on Health, Education, Labor, and Pensions: International Operations and Terrorism concluded Subcommittee on Employment, Safety and Training hearings to examine U.S. contributions toward the concluded hearings to examine workplace safety and United Nation’s Population Fund and how it affects health issues with respect to immigrant and low- the lives of women, after receiving testimony from wage workers, after receiving testimony from Rep- Arthur E. Dewey, Assistant Secretary of State for resentative Gutierrez; John L. Henshaw, Assistant Population, Refugees, and Migration; Nicolaas H. Secretary of Labor for Occupational Safety and Biegman, Amsterdam, the Netherlands, former Health; Rosemary Sokas, Associate Director for Netherlands Ambassador to the United Nations and Science, National Institute for Occupational Safety NATO; Phyllis E. Oakley, Johns Hopkins School of and Health, Centers for Disease Control and Preven- Advanced International Studies, former Assistant tion Headquarters, Department of Health and Secretary of State for Intelligence and Research/Pop- Human Services; Arturo S. Rodriguez, United Farm ulation, Refugees, and Migration, and Nicholas Workers of America (AFL–CIO), Keene, California; Eberstadt, American Enterprise Institute, both of Thomas Maier, Newsday Magazine, Melville, New York; Bobby J. Jackson, National Programs for the Washington, D.C.; and Josephine Guy, America 21, National Safety Council, Washington, D.C.; and Louisville, Kentucky, on behalf of the Population Omar Henriquez, New York Committee for Occupa- Research Institute. tional Safety and Health, and You Di Liao, on behalf of the Chinese Staff and Workers’ Association, Na- WALL STREET’S ENRON SILENCE tional Mobilization Against SweatShops and Work- Committee on Governmental Affairs: Committee con- ers’ Awaaz, both of New York, New York. cluded hearings to examine the fall of the Enron INDIAN TRIBAL GOVERNMENTS Corporation and the inaccuracies and independence of Wall Street research analysts ratings of Enron, Committee on Indian Affairs: Committee concluded after receiving testimony from Richard Gross, Leh- oversight hearings to examine how the rulings of the man Brothers, Inc., Jersey City, New Jersey; Anatol United States Supreme Court affect the powers and Feygin, J.P. Morgan Securities, Inc., Curt N. Launer, authorities of Indian tribal governments, after receiv- Credit Suisse First Boston, Raymond C. Niles, ing testimony from William C. Canby, Jr., United Salomon Smith Barney, all of New York, New York; States Court of Appeals for the Ninth Circuit, Phoe- Howard M. Schilit, Center for Financial Research nix, Arizona; Robert Yazzie, Navajo Nation Supreme and Analysis, Inc., Rockville, Maryland; Robert R. Court, Window Rock, Arizona; John St. Clair, Sho- shone and Arapahoe Tribal Court of the Wind River Glauber, National Association of Securities Dealers, Reservation, Ft. Washakie, Wyoming; David H. Inc., and Frank C. Torres, Consumers Union, both Getches, University of Colorado School of Law, of Washington, D.C., former Under Secretary of the Boulder; Robert T. Andersen, University of Wash- Treasury for Finance; Thomas A. Bowman, Associa- ington School of Law, Seattle; and W. Ron Allen, tion for Investment Management and Research, Jamestown S’Klallam Tribe, Sequim, Washington. Charlottesville, Virginia; and Charles L. Hill, Thom- son Financial/First Call, Boston, Massachusetts. INTELLECTUAL PROPERTY PROTECTION Committee on the Judiciary: Committee concluded EMPLOYMENT NONDISCRIMINATION ACT hearings to examine the impact of State sovereign Committee on Health, Education, Labor, and Pensions: immunity on the enforcement of intellectual prop- Committee concluded hearings on S. 1284, to pro- erty rights, focusing on the meaning of related Su- hibit employment discrimination on the basis of sex- preme Court decisions, Florida Prepaid Postsecondary ual orientation, after receiving testimony from Education Expense Board v. College Savings Bank and Charles K. Gifford, FleetBoston Financial Corpora- College Savings Bank v. Florida Prepaid Postsecondary tion, Boston, Massachusetts; Lucy Billingsley, Education Expense Board, and a related measure, S. Billingsley Company, Dallas, Texas; Robert L. Ber- 1611, to restore Federal remedies for infringements of intellectual property by States, after receiving tes- man, Eastman Kodak Company, Rochester, New timony from James E. Rogan, Under Secretary of York; Richard G. Womack, AFL–CIO Department Commerce for Intellectual Property and Director of of Civil and Human Rights, Washington, D.C.; the Patent and Trademark Office; Marybeth Peters, Matthew Coles, American Civil Liberties Union, Register of Copyrights, Library of Congress; Michael New York, New York; and Lawrence Lane, Long Is- K. Kirk, American Intellectual Property Law Asso- land, New York. ciation, Arlington, Virginia; Keith Schraad, National

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Information Consortium, Lawrence, Kansas; William Opportunity Connection, Kansas City, Missouri; E. Thro, Christopher Newport University, Newport Amanda C. Zinn, Women Entrepreneurs of Balti- News, Virginia; and Paul Bender, Arizona State Uni- more, Inc., Baltimore, Maryland; and Donald Wil- versity College of Law, Tempe, on behalf of the son, Association of Small Business Development Property Owners Remedy Alliance. Centers, Burke, Virginia. NOMINATION INTELLIGENCE Committee on Small Business and Entrepreneurship: Com- Select Committee on Intelligence: Committee held closed mittee concluded hearings on the nomination of hearings on intelligence matters, receiving testimony Melanie Sabelhaus, of Maryland, to be Deputy Ad- from officials of the intelligence community. ministrator of the Small Business Administration, after the nominee, who was introduced by Hector V. Committee recessed subject to call. Barreto, Jr., Administrator, SBA, testified and an- GERIATRIC HEALTH CARE SHORTAGE swered questions in her own behalf. Special Committee on Aging: Committee concluded SBA BUDGET hearings to examine the growing lack of medical Committee on Small Business and Entrepreneurship: Com- professionals trained to treat the elderly and a related mittee concluded hearings on the President’s pro- proposal to expand medical residency training pro- posed budget for fiscal year 2003 for the Small Busi- grams in geriatrics, after receiving testimony from ness Administration, focusing on the 7(a) Guaranty Daniel Perry, Alliance for Aging Research, Wash- Loan Program, 504 Loan Program, and the ington, D.C.; Charles A. Cefalu, Louisiana State Uni- Microloan Program, after receiving testimony from versity, New Orleans, on behalf of the American Hector V. Barreto, Jr., Administrator, Small Busi- Geriatrics Society and the Louisiana Geriatrics Soci- ness Administration; Anthony R. Wilkinson, Na- ety; Claudia J. Beverly, Donald W. Reynolds Center tional Association of Government Guaranteed Lend- on Aging, Little Rock, Arkansas; Michael C. Martin, ers, Inc., Stillwater, Oklahoma; Christopher L. Commission for Certification in Geriatric Pharmacy, Crawford, National Association of Development Alexandria, Virginia; and Stephen Bzdok, Las Vegas, Companies, McLean, Virginia; Alan Corbet, Growth Nevada. h House of Representatives of Oklahoma, who certified the election results of Chamber Action the Special General Election held on January 8, 2002 Measures Introduced: 19 public bills, H.R. for the Office of United States House of Representa- 3799–3817; and; 4 resolutions, H. Con. Res. tives District 1 vacated by the resignation of Rep- 335–337, and H. Res. 352 were introduced. resentative Steve Largent. Page H565 Pages H633–34 Internet Freedom and Broadband Deployment Reports Filed: No reports were filed today. Act: The House passed H.R. 1542, to deregulate the Guest Chaplain: The prayer was offered by the Internet and high speed data services, by a recorded guest Chaplain, Rev. Joseph F. Sica, Our Lady of vote of 273 ayes to 157 noes, Roll No. 45. Snows Catholic Church of Clarks Summit, Pennsyl- Pages H568–H609 vania. Page H563 Agreed to the Markey motion, as amended by Buyer, to recommit the bill to the Committee on Journal: Agreed to the Speaker’s approval of the Energy and Commerce with instructions to report it Journal of Tuesday, Feb. 26, 2002 by a yea-and-nay back to the House with an amendment that guaran- vote of 355 yeas to 48 nays with 1 voting ‘‘present,’’ tees access to consumers for Competitive Local Ex- Roll No. 41. Page H564 change Carriers (CLECs). The amendment consisted Member Sworn—1st District of Oklahoma: Rep- of the text of Buyer amendment No. 3 printed in resentative-elect John Sullivan presented himself in Part B of H. Rept. 107–361 made in order by the the well of the House and was administered the oath of office by the Speaker. Earlier, read a letter from the Honorable Mike Hunter, Secretary of State, State

VerDate 11-MAY-2000 05:50 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE2.REC pfrm02 PsN: D27FE2 February 27, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D139 rule as a substitute to amendment No. 2 of the re- Senate Message: Messages received from the Senate port. Subsequently, Chairman Tauzin reported the today appears on page H564. bill back with the amendment, and it was agreed to. Referrals: S. 1857 was held at the desk. Page H564 Pages H601–07 Quorum Calls Votes: Two yea-and-nay votes and Earlier, by a recorded vote of 173 ayes to 256 three recorded votes developed during the pro- noes, Roll No. 44, the House failed to order the pre- ceedings of the House today and appear on pages vious question on the Markey motion to recommit H564, H574, H601, H605, H608. There were no the bill to the Committee on Energy and Commerce quorum calls. with instructions to report it back to the House with an amendment that sought to preserve existing Adjournment: The House met at 10 a.m. and ad- rules relating to the rates, charges, terms, and condi- journed at 8:29 p.m. tions for the purchasing or leasing of telecommuni- cations services and network elements by competitive Committee Meetings telecommunications carriers. The amendment con- BUDGET VIEWS AND ESTIMATES sisted of the text of amendment No. 2 printed in Committee on Agriculture: Approved Committee Budg- Part B of H. Rept. 107–361 made in order by the et Views and Estimates for Fiscal Year 2003 for sub- rule but not offered by Representative Cannon or his mission to the Committee on the Budget. designee. Page H605 Pursuant to the rule the amendment in the nature AGRICULTURE, RURAL DEVELOPMENT, of a substitute printed in Part A of H.Rept. FDA APPROPRIATIONS 107–361 was considered as adopted. Page H594 Committee on Appropriations: Subcommittee on Agri- Agreed To: culture, Rural Development, Food and Drug Admin- Upton amendment No. 1, printed in Part B of H. istration and Related Agencies held a hearing on Rept. 107–361, that strengthens FCC enforcement NRE/Natural Resources Conservation Service. Testi- authority by increasing the forfeiture penalties cap mony was heard from the following officials of the for all common carriers who violate telecommuni- USDA: Mark E. Rey, Under Secretary, Natural Re- cations law from $1.2 million to $10 million, in- sources and Environment; Pearlie S. Reed, Chief, and creasing the fine per violation cap from $120,000 to Brenda Thomas, Acting Director, Budget Planning $1 million, doubles these amounts for repeat offend- and Analysis Division, both with Natural Resources ers, doubles the statute of limitations for the FCC to Conservation Service; and Dennis Kaplan, Budget bring enforcement actions against carriers from one Office. year to two years and gives it the authority to issue COMMERCE, JUSTICE, STATE AND cease and desist orders, and requires the FCC to JUDICIARY APPROPRIATIONS evaluate the impact of these increased remedies with- Committee on Appropriations: Subcommittee on Com- in one year after enactment (agreed to by recorded merce, Justice, State and Judiciary held a hearing on vote of 421 ayes to 7 noes, Roll No. 43). Secretary of Commerce. Testimony was heard from Pages H597–H601 Donald L. Evans, Secretary of Commerce. The Clerk was authorized to make technical cor- ENERGY AND WATER DEVELOPMENT rections and conforming changes in the engrossment APPROPRIATIONS of the bill. Pages H608–09 Agreed to H. Res. 350, the rule that provided for Committee on Appropriations: Subcommittee on Energy consideration of the bill was agreed to by a yea-and- and Water Development held a hearing on U.S. nay vote of 282 yeas to 142 nays, Roll No. 42. Army Corps of Engineers. Testimony was heard from Page H574 the following officials of the Corps of Engineers, De- partment of the Army: Mike Parker, Assistant Sec- Presidential Message—National Emergency re retary (Civil Works); Lt. Gen. Robert B. Flowers, Cuba: Read a message from the President wherein Chief; Maj. Gen. Robert H. Griffin, Deputy Com- he transmitted his notice which states that the emer- manding General for Civil Works; Rob Vining, gency declared with respect to the Government of Chief, Program Management Division, Directorate of Cuba’s destruction of two unarmed U.S.-registered Civil Works; Brig. Gen. Edwin J. Arnold, Jr., and civilian aircraft in international airspace north of Cecil Bryant, both with Mississippi Valley Division; Cuba on February 24, 1996, is to continue in effect Brig. Gen. Steven R. Hawkins; and Gerald W. beyond march 1, 2002 referred to the Committee on Barnes, both with Great Lakes and Ohio River Divi- International Relations and ordered printed (H. Doc. sion; Brig. Gen. Stephen Rhoades, and Lawrence 107–182). Page H613 Petrocino, both with North Atlantic Division; Brig..

VerDate 11-MAY-2000 05:50 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE2.REC pfrm02 PsN: D27FE2 D140 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 2002 Gen. Peter Madsen and Tony Leketa, both with timony was heard from the following officials of the South Atlantic Division; Brig. Gen. Ronald L John- Department of the Treasury: Jimmy Gurule, Under son and David A. Lau, both with Pacific Ocean Di- Secretary, Enforcement; and Robert C. Bonner, Com- vision; Brig. Gen. David F. Melcher and William missioner, U.S. Customs Service; and Brian L. Staf- Dawson, both with Southwestern Division; Brig. ford, Director, U.S. Secret Service. Gen. David A. Fastabend and Michael White, both NATIONAL DEFENSE AUTHORIZATION with Northwestern Division; and Brig. Gen. Larry BUDGET REQUEST Davis, and Steve Stockton, both with South Pacific Division. Committee on Armed Services: Continued hearings on the fiscal year 2003 National Defense Authorization INTERIOR APPROPRIATIONS budget request. Testimony was heard from the fol- Committee on Appropriations: Subcommittee on Interior lowing officials of the Department of Defense: Gen. held a hearing on Secretary of the Interior. Testi- Tommy R. Franks, USA, Commander in Chief, U.S. mony was heard from Gale A. Norton, Secretary of Central Command; and Peter Rodman, Assistant the Interior. Secretary, International Security Affairs. LABOR, HHS, AND EDUCATION Hearings continue tomorrow. APPROPRIATIONS MISSILE DEFENSE AGENCY AND Committee on Appropriations: Subcommittee on Labor, NATIONAL DEFENSE AUTHORIZATION Health and Human Services and Education held a BUDGET REQUEST hearing on Department of Labor—Employment As- Committee on Armed Services: Subcommittee on Mili- sistance and Training Activities Panel. Testimony tary Procurement and the Subcommittee on Military was heard from the following officials of the Depart- Research and Development held a joint hearing on ment Labor: Emily Stover DeRocco, Assistant Sec- the Missile Defense Agency and the fiscal year 2003 retary, Employment and Training Administration; National Defense Authorization budget request. Tes- and Frederico Juarbe, Jr., Assistant Secretary, Vet- timony was heard from the following officials of the erans Employment and Training. Department of Defense: Paul Wolfowitz, Deputy MILITARY CONSTRUCTION Secretary; and Lt. Gen. Ronald T. Kadish, USAF, APPROPRIATIONS Director, Ballistic Missile Defense Organization. Committee on Appropriations: Subcommittee on Mili- ENRON AND BEYOND: LEGISLATIVE tary Construction held a hearing on Army. Testi- SOLUTIONS mony was heard from the following officials of the Committee on Education and the Workforce: Sub- Department of the Army: Mario P. Fiori, Assistant committee on Employer-Employee Relations held a Secretary, (Installations and Environment); Maj. Gen. hearing on ‘‘Enron and Beyond: Legislative Solu- Robert L. Van Antwerp, Jr., Assistant Chief of Staff, tions.’’ Testimony was heard from public witnesses. Installation Management; Maj. Gen. James R. Helmly, Commander (TPU), 78th Division, (Train- ASSESSING THE CHILD CARE AND ing Support), Army Reserves; and Brig. Gen. Mi- DEVELOPMENT BLOCK GRANT chael J. Squier, Deputy Director, Army National Committee on Education and the Workforce: Sub- Guard. committee on 21st Century Competitiveness held a hearing on ‘‘Assessing the Child Care and Develop- TRANSPORTATION APPROPRIATIONS ment Block Grant.’’ Testimony was heard from pub- Committee on Appropriations: Subcommittee on Trans- lic witnesses. portation held a hearing on The Future of AM- TRAK. Testimony was heard from the following of- MONETARY POLICY AND THE STATE OF ficials of the Department of Transportation: Allan THE ECONOMY Rutter, Administrator, Federal Railroad Administra- Committee on Financial Services: Held a hearing on tion; and Kenneth Mead, Inspector General; George monetary policy and the state of the economy. Testi- D. Warrington, President and CEO, Amtrak; and mony was heard from Alan Greenspan, Chairman, Gil Carmichael, Chairman, Amtrak Reform Council. Board of Governors, Federal Reserve System. TREASURY, POSTAL AND GENERAL TERRORISM INSURANCE PROTECTION GOVERNMENT APPROPRIATIONS Committee on Financial Services: Subcommittee on Committee on Appropriations: Subcommittee on Treas- Oversight and Investigations held a hearing entitled ury, Postal Service and General Government held a ‘‘How much are Americans at risk until Congress hearing on U.S. Customs, and on Secret Service. Tes- Passes Terrorism Insurance Protection?’’ Testimony

VerDate 11-MAY-2000 05:50 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE2.REC pfrm02 PsN: D27FE2 February 27, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D141 was heard from Mark Warshawsky, Deputy Assistant ed, to authorize the Secretary of the Interior to make Secretary, Microeconomic Policy, Department of the minor adjustments to the boundary of the National Treasury; Richard J. Hillman, Director, Financial Park of American Samoa to include certain portions Markets and Community Investments, GAO; Greg- of the islands of Ofu and Olosega within the park; ory V. Serio, Superintendent, Department of Insur- H.R. 1870, amended, Fallon Rail Freight Loading ance, State of New York; and public witnesses. Facility Transfer Act; H.R. 1883, Burnt, Malheur, JUSTICE DEPARTMENT MISCONDUCT IN Owyhee, and Powder River Basin Water Optimiza- BOSTON tion Feasibility Study Act of 2001; and H.R. 3389, amended, National Sea Grant College Program Act Committee on Government Reform: Held a hearing on Amendments of 2001. ‘‘Justice Department Misconduct in Boston: Are Leg- islative Solutions Required?’’ Testimony was heard NASA’S BUDGET REQUEST from Victor Garo, Attorney for Joseph Salvati; Aus- Committee on Science: Held a hearing on NASA’s Fiscal tin McGuigan, former Chief Attorney, State of Con- Year 2003 Budget Request. Testimony was heard necticut; and public witnesses. from Sean O’Keefe, Administrator, NASA. U.S. SECURITY POLICY—ASIA AND THE DISASTER LOAN SIZE STANDARDS PACIFIC Committee on Small Business: Held a hearing on dis- Committee on International Relations: Subcommittee on aster loan size standards. Testimony was heard from East Asia and the Pacific and the Subcommittee on Hector Barreto, Administrator, SBA; John D. the Middle East and South Asia held a joint hearing Graham, Administrator, Office of Information and on U.S. Security Policy in Asia and the Pacific: the Regulatory Affairs, OMB; and public witnesses. View from Pacific Command. Testimony was heard MISCELLANEOUS MEASURES; BUDGET from Adm. Dennis C. Blair, USN, Commander in VIEWS AND ESTIMATES Chief, U.S. Pacific Command, Department of De- fense. Committee on Transportation and Infrastructure: Ordered reported the following measures: H. Con. Res. 255, URGE UKRAINE—FAIR ELECTION PROCESS; expressing the sense of the Congress regarding the U.S.-RUSSIAN RELATIONS 30th anniversary of the enactment of the Clean Committee on International Relations: Subcommittee on Water Act; H.R. 2804, to designate the United Europe, H. Res. 339, urging the Government of States courthouse located at 95 Seventh Street in San Ukraine to ensure a democratic, transparent, and fair Francisco, California, as the ‘‘James R. Browning election process leading up to the March 31, 2002, United States Courthouse’’; H.R. 3347, amended, parliamentary elections. General Aviation Industry Reparations Act of 2001; The Subcommittee also held a hearing on U.S.- and S. 1622, to extend the period of availability of Russian Relations: An Assessment. Testimony was unemployment assistance under the Robert T. Staf- heard from public witnesses. ford Disaster Relief and Emergency Assistance Act TWO STRIKES YOU’RE OUT CHILD in the case of victims of the terrorist attacks of Sep- PROTECTION ACT; BUDGET VIEWS AND tember 11, 2001. ESTIMATES The Committee also approved the following: three Public Building Resolutions; and Committee Budget Committee on the Judiciary: Began markup of H.R. Views and Estimates for Fiscal Year 2003 for sub- 2146, Two Strikes You’re Out Child Protection Act. mission to the Committee on the Budget. The Committee also approved Budget Views and Estimates for Fiscal Year 2003 for submission to the AVIATION SECURITY—PASSENGER Committee on the Budget. PROFILING MISCELLANEOUS MEASURES Committee on Transportation and Infrastructure: Sub- committee on Aviation held a hearing on Aviation Committee on Resources: Ordered reported the following Security, focusing on Passenger Profiling. Testimony measures: H. Con. Res. 275, expressing the sense of was heard from public witnesses. the Congress that hunting seasons for migratory mourning doves should be modified so that individ- CORPS OF ENGINEERS’ BUDGET AND uals have a fair and equitable opportunity to hunt PRIORITIES such birds; H.R. 706, amended, to direct the Sec- Committee on Transportation and Infrastructure: Sub- retary of the Interior to convey certain properties in committee on Water Resources and Environment the vicinity of the Elephant Butte Reservoir and the held a hearing on the Corps of Engineers’ Budget Caballo Reservoir, New Mexico; H.R. 1712, amend- and Priorities for Fiscal Year 2003. Testimony was

VerDate 11-MAY-2000 05:50 Feb 28, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 0627 Sfmt 0627 E:\CR\FM\D27FE2.REC pfrm02 PsN: D27FE2 D142 CONGRESSIONAL RECORD — DAILY DIGEST February 27, 2002 heard from the following officials of the Department authorization request for fiscal year 2003, focusing on in- of the Army: Mike Parker, Assistant Secretary, Army stallations and environmental programs, 2:30 p.m., (Civil Works); and Lt. Gen. Robert B. Flowers, SR–232A. USA, Chief, Corps of Engineers. Committee on Banking, Housing, and Urban Affairs: to hold oversight hearings to examine issues with respect to MILITARY MEDICAL SURVEILLANCE the sending of remittances, 10 a.m., SD–538. SYSTEM CHALLENGES Subcommittee on International Trade and Finance, to Committee on Veterans’ Affairs: Subcommittee on hold hearings to examine Argentina’s current economic Health held a hearing to consider issues of oper- situation, 2:30 p.m., SD–538. Committee on the Budget: to hold hearings to examine the ational and medical readiness in the active duty force President’s proposed budget request for fiscal year 2003, and their relationships to the health status of the focusing on winning the war, transformation, and reform veteran population. Testimony was heard from Cyn- issues, 10 a.m., SD–608. thia Bascetta, Director, Veterans’ Health and Bene- Committee on Commerce, Science, and Transportation: to fits Issues, GAO; Ellen Embrey, Deputy Assistant hold hearings to examine the protection of content in a Secretary, Force Health Protection and Health Af- digital age, focusing on promoting broadband and digital fairs, Department of Defense; and Frances Murphy, televsion transition, 9:30 a.m., SR–253. M.D., Acting Under Secretary, Health, Department Committee on Environment and Public Works: Sub- of Veterans Affairs. committee on Fisheries, Wildlife, and Water, to hold hearings to examine S. 252, to amend the Federal Water WTO’S EXTRATERRITORIAL INCOME Pollution Control Act to authorize appropriations for DECISION State water pollution control revolving funds; S. 285, to Committee on Ways and Means: Held a held a hearing amend the Federal Water Pollution Control Act to au- on the WTO’s Extraterritorial Income Decision. Tes- thorize the use of State revolving loan funds for construc- timony was heard from Barbara M. Angus, Inter- tion of water conservation and quality improvements; national Tax Counsel, Office of Tax Policy, Depart- S.503, to amend the Safe Water Act to provide grants to small public drinking water system; S. 1044, to amend ment of the Treasury; Peter B. Davidson, General the Federal Water Pollution Control Act to provide as- Counsel, U.S. Trade Representative; and public wit- sistance for nutrient removal technologies to States in the nesses. Chesapeake Bay watershed; and S. 1961, to improve fi- nancial and environmental sustainability of the water pro- Joint Meetings grams of the United States, 2:30 p.m., SD–406. Committee on Foreign Relations: to hold hearings on the DISABLED AMERICAN VETERANS/ nomination of Emmy B. Simmons, of the District of Co- VETERANS OF FOREIGN WARS lumbia, to be Assistant Administrator for Economic Joint Meeting: Senate Committee on Veterans’ Affairs Growth, Agriculture, and Trade, United States Agency concluded joint hearings with the House Committee for International Development; and the nomination of on Veterans’ Affairs to review the legislative rec- Robert B. Holland III, of Texas, to be United States Al- ommendations of certain veteran’s programs, receiv- ternate Executive Director of the International Bank For ing testimony from George H. Steese, Jr., Disabled Reconstruction and Development, 2:45 p.m., SD–419. Committee on Governmental Affairs: to hold hearings on American Veterans, and James N. Goldsmith, Vet- the nomination of Louis Kincannon, of Virginia, to be erans of Foreign Wars, both of Washington, D.C. Director of the Census, Department of Commerce, 2:30 f p.m., SD–342. Committee on Health, Education, Labor, and Pensions: Sub- COMMITTEE MEETINGS FOR THURSDAY, committee on Public Health, with the Committee on Ap- FEBRUARY 28, 2002 propriations, Subcommittee on Labor, Health and Human (Committee meetings are open unless otherwise indicated) Services, and Education, to hold joint hearings to examine what women need to know with respect to mammog- Senate raphy, 2:30 p.m., SD–106. Committee on Appropriations: Subcommittee on Labor, Committee on the Judiciary: Subcommittee on Immigra- Health and Human Services, and Education, with the tion, to hold hearings on S. 121, to establish an Office Committee on Health, Education, Labor, and Pensions, Sub- of Children’s Services within the Department of Justice to committee on Public Health, to hold joint hearings to examine coordinate and implement Government actions involving what women need to know with respect to mammography, 2:30 unaccompanied alien children, 2:30 p.m., SD–226. p.m., SD–106. Committee on Armed Services: to hold hearings to examine House the future of the North Atlantic Treaty Organization Committee on Appropriations, Subcommittee on Agri- (NATO), 9:30 a.m., SH–216. culture, Rural Development, Food and Drug Administra- Subcommittee on Readiness and Management Support, tion and Related Agencies, on Research, Education and to hold hearings to examine the Department of Defense Economics, 9:30 a.m., 2362A Rayburn.

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Subcommittee on Commerce, Justice, State and Judici- Committee on International Relations, to mark up H. Res. ary, on Attorney General, 2 p.m., 2358 Rayburn. 339, urging the Government of Ukraine to ensure a Subcommittee on Defense, executive, on Missile De- democratic, transparent, and fair election process leading fense, 9:30 a.m., H–140 Capitol. up to the March 31, 2002, parliamentary elections; fol- Subcommittee on Energy and Water Development, on lowed by a hearing on the U.N. Criminal Tribunals for Bureau of Reclamation, 10 a.m., 2362B Rayburn. Yugoslavia and Rwanda: International Justice or Show of Subcommittee on Interior, on Fossil Energy, 10 a.m., Justice? 11 a.m., 2172 Rayburn. and on Energy Conservation, 11 a.m., B–308 Rayburn. Subcommittee on Africa, hearing on Zimbabwe: Are Subcommittee on Labor, Health and Human Services ‘‘Free and Fair’’ Elections Possible? 2:30 p.m., 2172 Ray- and Education, on Corporation for Public Broadcasting; burn. Institute of Museum and Library Services; and the Na- Committee on the Judiciary, Subcommittee on Commer- tional Commission on Libraries and Information Science, cial and Administrative Law, oversight hearing on the 9:45 a.m., 2358 Rayburn. Legal Services Corporation, 10 a.m., 2141 Rayburn. Subcommittee on Transportation, on Federal Highway Subcommittee on the Constitution, hearing on H.J. Administration, 10 a.m., 2358 Rayburn. Res. 67, proposing an amendment to the Constitution of Subcommittee on Treasury, Postal Service and General the United States regarding the appointment of individ- Government, on Bureau of Alcohol, Tobacco and Fire- uals to serve as Members of the House of Representatives arms, 10 a.m., and on IRS, 2 p.m., 2359 Rayburn. in the event a significant number of Members are unable Committee on Armed Services, to continue hearings on the fiscal year 2003 National Defense Authorization budget to serve at any time because of a national emergency, 1 request, 9:30 a.m., and to hold a hearing on the Export p.m., 2237 Rayburn. Administration Act of 2001, 1 p.m., 2118 Rayburn. Subcommittee on Immigration and Claims, oversight Committee on the Budget, hearing on Department of hearing on ‘‘The Implications of Transnational Terrorism Health and Human Services Budget Priorities Fiscal Year and the Argentine Economic Collapse for the Visa Waiver 2003, 10 a.m., 219 Cannon. Program,’’ 3 p.m., 2237 Rayburn. Committee on Education and the Workforce, Subcommittee Committee on Science, Subcommittee on Environment, on Education Reform, hearing on ‘‘The Reauthorization Technology, and Standards, hearing on the NOAA Sea of the Office of Educational Research and Improvement,’’ Grant Program: Review and Reauthorization, 10 a.m., 10 a.m., 2175 Rayburn. 2318 Rayburn. Committee on Energy and Commerce, Subcommittee on Committee on Transportation and Infrastructure, Sub- Commerce, Trade, and Consumer Protection, hearing en- committee on Highways and Transit, hearing on Perspec- titled ‘‘Implementation of the TREAD Act: One Year tives of Governors and Local Elected Officials on Reau- Later,’’ 9:30 a.m., 2322 Rayburn. thorization of TEA 21, 10 a.m., 2167 Rayburn. Subcommittee on Health, hearing on ‘‘The Uninsured Committee on Ways and Means, Subcommittee on Health, and Affordable Health Care Coverage,’’ 10 a.m., 334 Can- hearing on the Physician Payments, 9:30 a.m., 1100 non. Longworth. Committee on Financial Services, to consider Committee Subcommittee on Oversight, hearing on IRS National Budget Views and Estimates for Fiscal Year 2003 for Taxpayer Advocate Annual Report and IRS Oversight submission to the Committee on the Budget, 9:30 a.m., Board Annual Report, 2 p.m., 1100 Longworth. and to hold a hearing on the International Monetary Subcommittee on Social Security, hearing on Social Se- Fund, 1 p.m., 2128 Rayburn. curity Improvements for Women, Seniors and Working Committee on Government Reform, hearing on ‘‘Quick- Americans, 11 a.m., B–318 Rayburn. ening the Pace of Research in Protecting Against Anthrax Permanent Select Committee on Intelligence, Subcommittee and Other Biological Terrorist Agents—A Look at Toxin on Terrorism and Homeland Security, executive, hearing Interference,’’ 10 a.m., 2154 Rayburn. on FBI Counterterrorism Issues, 10 a.m., H–405 Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10:30 a.m., Thursday, February 28 10 a.m., Thursday, February 28

Senate Chamber House Chamber Program for Thursday: After the transaction of any Program for Thursday: Consideration of motions to go morning business (not to extend beyond 11 a.m.), Senate to conference on: will continue consideration of S. 565, Election Reform. (1) H.R. 3448, Public Health Security and Bioter- rorism Response Act of 2002. (2) H.R. 2646, Farm Security Act of 2002.

Extensions of Remarks, as inserted in this issue

HOUSE Harman, Jane, Calif., E213 Regula, Ralph, Ohio, E213 Houghton, Amo, N.Y., E215 Rodriguez, Ciro D., Tex., E215 Ackerman, Gary L., N.Y., E217 Israel, Steve, N.Y., E213 Schiff, Adam B., Calif., E219 Callahan, Sonny, Ala., E215 McInnis, Scott, Colo., E215, E218, E220 Shuster, Bill, Pa., E219 Delahunt, William D., Mass., E216 Menendez, Robert, N.J., E216, E220 Smith, Christopher H., N.J., E219 Eshoo, Anna G., Calif., E214 Nadler, Jerrold, N.Y., E214 Udall, Mark, Colo., E217 Farr, Sam, Calif., E214 Paul, Ron, Tex., E218 Weiner, Anthony D., N.Y., E213 Green, Gene, Tex., E218 Radanovich, George, Calif., E217, E220

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