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

Vol. 148 WASHINGTON, THURSDAY, APRIL 25, 2002 No. 48 House of Representatives The House met at 10 a.m. and was THE JOURNAL ANNOUNCEMENT BY THE SPEAKER called to order by the Speaker pro tem- The SPEAKER pro tempore. The PRO TEMPORE pore (Mr. LATOURETTE). Chair has examined the Journal of the The SPEAKER pro tempore. The f last day’s proceedings and announces Chair recognizes the gentleman from to the House his approval thereof. DESIGNATION OF THE SPEAKER Ohio (Mr. HOBSON) for the purpose of Pursuant to clause 1, rule I, the Jour- PRO TEMPORE introducing the guest chaplain. nal stands approved. The SPEAKER pro tempore laid be- Mr. MCNULTY. Mr. Speaker, pursu- fore the House the following commu- ant to clause 1, rule I, I demand a vote f nication from the Speaker: on agreeing to the Speaker’s approval WASHINGTON, DC, of the Journal. RECOGNIZING CEDARVILLE UNI- April 25, 2002. The SPEAKER pro tempore. The VERSITY PRESIDENT DR. PAUL I hereby appoint the Honorable STEVEN C. question is on the Speaker’s approval DIXON LATOURETTE to act as Speaker pro tempore of the Journal. on this day. The question was taken; and the (Mr. HOBSON asked and was given J. DENNIS HASTERT, permission to address the House for 1 Speaker of the House of Representatives. Speaker pro tempore announced that the ayes appeared to have it. minute and to revise and extend his re- f Mr. MCNULTY. Mr. Speaker, I object marks.) PRAYER to the vote on the ground that a Mr. HOBSON. Mr. Speaker, on behalf quorum is not present and make the Dr. Paul Dixon, President, Cedarville of Senator DEWINE and myself, I rise point of order that a quorum is not University, Cedarville, Ohio, offered today to recognize this morning’s hon- present. the following prayer: ored guest chaplain, Dr. Paul Dixon, The SPEAKER pro tempore. Pursu- Our Father, we praise You today as who serves as the president of ant to clause 8, rule XX, further pro- the sovereign God of the universe. We Cedarville University, which is located ceedings on this question will be post- bow before You, the creator God; the in Greene County, Ohio, in my district, poned. God who demonstrated Your great love and in Cedarville, which is also the The point of no quorum is considered for us while we were yet sinners. Your home of Senator DEWINE. withdrawn. Son died for us. Dr. Dixon has served in this capacity God, though a young Nation, You f for 24 years, which is about twice as have smiled upon America. The only PLEDGE OF ALLEGIANCE long as I have been a Member of Con- way to explain our great country is The SPEAKER pro tempore. Will the gress. Prior to assuming the role as You. Truly, God, You have blessed gentleman from Texas (Mr. SAM JOHN- America. Thank You for Your sus- president, Dr. Dixon ministered as an SON) come forward and lead the House evangelist. He continues his ministry taining grace since September 11. Our in the Pledge of Allegiance. enemies meant it for evil, but You have today, traveling to hundreds of church- Mr. SAM JOHNSON of Texas led the es, youth camps, and adult fellowships used it for good and for Your glory. We Pledge of Allegiance as follows: cast ourselves on You for those who throughout the year. I pledge allegiance to the Flag of the lost loved ones and who continue to United States of America, and to the Repub- Dr. Dixon is also a popular speaker mourn. lic for which it stands, one nation under God, for professional sports chapel pro- I especially thank You for those dedi- indivisible, with liberty and justice for all. grams, including those of the Cin- cated men and women who gather f cinnati Reds, the Bengals, the former today to do our Nation’s business. They MESSAGE FROM THE SENATE Houston Oilers, and many National serve us, the people. They are Your League ball teams. servants. Please continue to grant A message from the Senate by Mr. strength and wisdom to President Monahan, one of its clerks, announced Dr. Dixon’s tenure at Cedarville has Bush, and to these women and men in that the Senate has passed a bill of the been marked by many accomplish- the House. following title in which the concur- ments, not the least of which is the in- Today we exalt You. We long for rence of the House is requested: stitution’s physical growth. Under Dr. Your approval. In the name of our S. 2248. An act to extend the authority of Dixon’s exceptional leadership, enroll- Lord. Amen. the Export-Import Bank until May 31, 2002. ment has increased 140 percent, and

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.

H1621

. H1622 CONGRESSIONAL RECORD — HOUSE April 25, 2002 Cedarville has enjoyed record enroll- minute and to revise and extend his re- STATE DEPARTMENT ASSISTANCE ments for 23 of the 24 years he has been marks.) NEEDED TO BRING ABDUCTED president. Mr. KUCINICH. What should we seek CHILDREN HOME In addition, the campus has grown to change in TANF when it is reauthor- (Mr. LAMPSON asked and was given from less than 100 acres to more than ized: to make TANF reduce poverty permission to address the House for 1 400 acres. He has built probably $100 and help recipients get good jobs with minute and to revise and extend his re- million worth of new buildings on this adequate wages, or to punish people marks.) wonderful campus. and increase poverty? The Herger and Mr. LAMPSON. Mr. Speaker, I feel He is a graduate of Tennessee Temple McKeon bills only punish people when like a broken record. I am here to talk University, and holds a doctorate in they enact counterproductive workfare about Ludwig Koons, who is being held education from the University of Cin- programs. in a pornographic compound in Italy. cinnati. In May of 2000, he will be Does workfare provide training? No. We need the help of our governments, transitioning to the role of chancellor Does workfare provide educational op- the United States and Italy, to return for Cedarville University. portunities? No. Does workfare provide this child, along with thousands of oth- As Ohio’s Seventh District Rep- the minimum wage? No. Does workfare ers who have been removed by non- resentative to the Congress of the provide coverage for health and safety, custodial parents outside of our coun- United States, I take this opportunity civil rights, and other employment try. to publicly recognize Dr. Dixon for his laws? No. Does workfare provide a I have mentioned the State Depart- achievements on behalf of Cedarville chance at being hired? No. ment before in these 1-minute address- University, and his many contributions Workfare will not help recipients find es. I asked recently Secretary Powell to the spiritual growth of Ohio are or keep a good job. TANF should allow to help American parents and children, noteworthy. a recipient to get a GED, learn English, but I find that the message is not get- I thank him for his service to all and get a post-secondary degree in ting through. those he serves. order to obtain a good job. TANF On Monday, a member of my staff f should allow a recipient to get reha- met with a man whose children had bilitation, to deal with a physical dis- been abducted by an ex-wife and taken ANNOUNCEMENT BY THE SPEAKER ability, deal with domestic violence, PRO TEMPORE to Mexico. The State of California had and access mental health counseling. awarded custody of the children to the The SPEAKER pro tempore. The TANF should provide adequate fund- father. They have now been in Mexico Chair will entertain ten 1-minutes per ing for child care, and allow mothers to for 2 years. side. care for their children if they are very When he met with the State Depart- young or disabled. They should end the f ment, he did not get the help that he punitive full family sanctions, which H.R. 3231, BARBARA JORDAN IMMI- needed. Instead, he was told he prob- eliminate food stamps and other bene- GRATION REFORM AND AC- ably would not see his children again. fits from poor children when their par- COUNTABILITY ACT OF 2002 What an outrageous attitude. The ents are not in compliance. TANF State Department should be an unfail- (Mr. FOLEY asked and was given per- should help people out of poverty, not ing advocate for Americans and their mission to address the House for 1 punish families and children for being children, who are, I remind Members, minute and to revise and extend his re- poor. American citizens themselves. marks.) f Mr. FOLEY. Mr. Speaker, about 30 The situation is unacceptable to me. days ago, the INS sent a notice to a CONGRATULATING GIRL SCOUTS I cannot imagine that it is not unac- flight school that Mohammed Atta OF AMERICA ON 90TH ANNIVER- ceptable to other Members. Please join could continue training on an aircraft. SARY me. We must bring our children home. It was a big blunder, a colossal mis- (Ms. ROS-LEHTINEN asked and was f take, and the President described the given permission to address the House INS following day that he was very mad. for 1 minute and to revise and extend Thirty days later, the President and her remarks.) (Mr. SAM JOHNSON of Texas asked this Congress have worked on a bill to Ms. ROS-LEHTINEN. Mr. Speaker, I and was given permission to address restructure the INS. It is coming to the am here to congratulate the Girl the House for 1 minute and to revise floor today, and I want to commend Scouts of America on its 90th anniver- and extend his remarks.) the President, the gentleman from Wis- sary. Mr. SAM JOHNSON of Texas. Mr. consin (Mr. SENSENBRENNER), the chair- Since 1912, Girl Scouting has empow- Speaker, over the past 8 months, the man, and all who have worked to bring ered girls with the confidence to de- American people have heard horror sto- this important bill to the floor today. velop their potential, and the coun- ries about the inefficiencies and inad- We need to bring some credibility to seling and guidance to formulate sound equacies of the INS. I am afraid we this agency. We need to be fair on im- values and decision-making skills. have only seen the tip of the iceberg. migration. We need to be just. We need Girl Scouting allows the opportunity Something has to be done, and it needs to operate with respect, but we also for girls to develop physically, men- to be done now. have to enforce the laws of the land. tally, and spiritually, and enables them First and foremost, we must remem- Strengthening our borders, strength- to make significant contributions to ber that immigration to America is not ening the integrity of the system, find- our society. a right, it is a privilege. We must en- ing those who have slipped through the Over 50 million American women, in- sure that our government is doing ev- cracks and have ill intent in this coun- cluding two-thirds of our doctors, law- erything it can to make the system run try, that should be our priority; not fo- yers, educators, community leaders, more efficiently and protect our peo- cusing on hardworking people that are and even my colleagues in the U.S. ple. We can no longer allow people who here legitimately, but finding those Congress, were Girl Scouts. My daugh- respect our laws to fall to the back of who wrought terror on us on Sep- ters, Amanda Michelle and Patricia the line while those who neglect laws tember 11 and seek to continue to un- Marie, benefited from the joys of being fall through the cracks. dermine the country. Girl Scouts, and just several years ago The INS is one bureaucratic blunder This is a good bill. I urge its adop- I served as their Girl Scout troop lead- after the next, and I fear what that tion. er. means for the American people. We f Girl Scouts is indeed a place where must be fair, and laws must be fol- girls grow strong. I ask my colleagues lowed. TANF REAUTHORIZATION: REAL in Congress to join me in congratu- In short, when it comes to the INS, JOBS, NOT WORKFARE lating Girl Scouts of all ages, and the those who follow the law should be re- (Mr. KUCINICH asked and was given Girl Scouts of America as it celebrates warded; those who break the law permission to address the House for 1 its 90th anniversary. should be deported. April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1623 WELFARE REAUTHORIZATION it does not provide any additional child TANF REAUTHORIZATION (Ms. WOOLSEY asked and was given care funding. (Ms. SOLIS asked and was given per- permission to address the House for 1 The research from the field of child mission to address the House for 1 minute and to revise and extend her re- development is indisputable: High minute.) marks.) quality child care promotes mental de- Ms. SOLIS. Mr. Speaker, as we work Ms. WOOLSEY. Mr. Speaker, 35 years velopment and success in school. Under to create welfare reform legislation, we ago, I was a single mom with three the current program, only one out of must make sure that TANF recipients small children, and even though I was seven eligible children receives child have access to higher education and working, I needed Aid for Dependent care assistance. suitable child care. Recipients need to Children to make ends meet. In my State of Massachusetts, there earn higher wages that will lift them When Congress passed welfare reform are 18,000 eligible children on a waiting out of the cycle of poverty. in 1996, I warned that getting women list for child care assistance. Forty-four percent of adults receiv- off the welfare rolls and into dead-end Does the President expect the young ing TANF cash assistance in 1999 jobs would not be enough, and that the children of temporary aid recipients lacked a high school diploma or a GED goal of welfare must be to break the and low-income working families to certificate. In my district alone, the fe- cycle of poverty, not just get women care for themselves? Does he expect male recipients there had less than an jobs that pay slightly above minimum parents to go to work when they do not eighth grade education. In Los Angeles wage. have a safe place to send their chil- County, about 41 percent of the TANF With TANF reauthorization, we have dren? caseload are limited-English proficient. an opportunity to fix what went wrong That is to say that they do not speak by allowing education and training to b 1015 English. Their primary language may be Spanish or even Chinese. count as work, and by expanding child The President’s proposal will make care to include weekend and evening Clearly, TANF recipients need edu- what is already a bad situation worse. cational opportunities before they can work. If we really want to reduce poverty in Welfare moms can only succeed if qualify for high-quality paying jobs this country, we need to make a full and livable wages, not just minimum- they have skills needed for a job that commitment to the health and well- pays a livable wage, and if their kids wage jobs. being of our poorest and most vulner- Given this reality, I am disappointed have access to quality child care. Wel- able children. Increasing Federal fund- fare must break the cycle of poverty that the Bush administration has cho- ing for child care will make it easier sen to ignore the need to extend edu- and strengthen our families. Let us use for parents to work, and it will ensure this TANF reauthorization to make cational opportunities. We cannot get that children are better able to succeed people into good jobs if they only have welfare a success. Learn from the last later in life. 5 years. 12 months of training. We need to ex- tend that to 2 years, at a minimum, so f f that they can go on into higher edu- COPYRIGHT AWARENESS WEEK cation. (Mr. COBLE asked and was given per- THE HORSESHOE BEND, IDAHO, f RURAL WATER PROJECT mission to address the House for 1 REMOVAL OF NAME OF MEMBER minute and to revise and extend his re- (Mr. OTTER asked and was given per- AS COSPONSOR OF H.R. 2142 marks.) mission to address the House for 1 Mr. PITTS. Mr. Speaker, I ask unani- Mr. COBLE. Mr. Speaker, the Copy- minute and to revise and extend his re- mous consent to have my name re- right Society of the USA, a nonprivate marks.) moved as a cosponsor of H.R. 2142. organization, has chosen the week of Mr. OTTER. Mr. Speaker, I spent last The SPEAKER pro tempore (Mr. April 22 to foster interest in and ad- Monday, Earth Day, in Horseshoe LATOURETTE). Is there objection to the vance the study of intellectual prop- Bend, Idaho, with the mayor, Brian Da- request of the gentleman from Penn- erty, especially copyright law. vies, celebrating the announcement of sylvania? It is virtually impossible to conceive their rural water project. The USDA There was no objection. life without the arts. I can hardly Rural Development Agency and its imagine, Mr. Speaker, for example, Idaho director, Mike Fields, had pro- f what our world would be like without vided a loan of $600,000 and a grant of KING OF MOROCCO books, music, and movies. $260,000 to the city. That money, cou- (Mr. PITTS asked and was given per- As chairman of the Subcommittee on pled with $251,000 from the citizens mission to address the House for 1 Courts, the Internet, and Intellectual themselves, and an additional $395,000 minute and to revise and extend his re- Property, I am particularly aware of from the community development marks.) the important role copyright law plays block grant from the State of Idaho, Mr. PITTS. Mr. Speaker, I rise today in sparking the creative abilities of will assist Horseshoe Bend with up- regarding the King of Morocco’s visit artists. The creative community con- grading their existing sewer treatment to our Nation’s Capital this week. tributes significantly to the well-being plant. I ask the King to reflect on the state- of our culture and our economy, and I This is an outstanding example of ment he made to Secretary Powell ear- urge my colleagues to join the Copy- initiative and partnership formed for lier that Powell should ‘‘consider the right Society in celebrating the con- the development of a rural commu- plight of the Palestinian people.’’ Yes, tributions of artists to our culture and nity’s infrastructure. our Nation must act on behalf of jus- economy by supporting the copyright Far too often, Mr. Speaker, Federal tice for all people. But should not the law. agencies impede the needed coopera- King of Morocco do that as well? f tion through excessive regulation or What would the King say about the unnecessary assertion of authority. hundreds and thousands of Sahrawi TANF Here is an example of a government people who have disappeared or are lan- (Mr. OLVER asked and was given agency recognizing a problem and then guishing in prison? What would the permission to address the House for 1 working with the community to find a King say about the Sahrawis living in minute and to revise and extend his re- solution. It is an encouraging example the occupied territory of Western Sa- marks.) of government being a partner in find- hara who are arrested or shot or killed Mr. OLVER. Mr. Speaker, I rise ing a solution, rather than an impedi- by Moroccan security officials for their today in support of America’s children. ment to the progress. peaceful protests about Morocco’s poli- The President’s proposal for welfare re- I hope more agencies of the Federal cies? form reauthorization increases work Government will follow the example of Mr. Speaker, I would ask the King of requirements for parents receiving the USDA Rural Development Pro- Morocco to seriously consider the poli- Temporary Aid for Needy Families, but gram. cies of his own country, policies that H1624 CONGRESSIONAL RECORD — HOUSE April 25, 2002 have oppressed and persecuted the needs to be rationally discussed; we its students. Marge has been a key Sahrawis so that they have had to live need to face up to the challenge. It is a component in the development of stu- in refugee camps in the harsh Sahara serious problem. dents at Chambersburg Middle School. Desert for over 25 years. Their govern- In conclusion, Mr. Speaker, the Among her many accomplishments, ment’s policy should also ensure that longer we put off a solution, the more Marge took the lead in forming Peer the Sahrawi people are guaranteed drastic that solution. Let us move Helpers, a program to facilitate the dif- their rights and get their property re- ahead with real discussion and debate, ficult process for students starting in a turned. not demagoguery. new school. f f Of the 23 years she has served as a school counselor, 18 of those years have WELFARE REFORM REQUIRES WESTERN HEMISPHERE OIL SUP- been spent working with the students COMPREHENSIVE SOLUTION PLIES NOT NECESSARILY SE- of Chambersburg Area Middle School. CURE (Mr. NADLER asked and was given I congratulate Marge Schollaert on (Mr. HALL of Texas asked and was permission to address the House for 1 her Counselor of the Year award, and I given permission to address the House minute and to revise and extend his re- applaud her steadfast dedication to her for 1 minute and to revise and extend marks.) profession and her hard work for the his remarks.) Mr. NADLER. Mr. Speaker, today I students of Chambersburg. Mr. HALL of Texas. Mr. Speaker, would like to ask my colleagues just f today I want to address the question of one question. As we consider reauthor- security of our oil supply. The political izing our Nation’s welfare program, TANF REAUTHORIZATION dynamic that resulted in the crippling what do we want to accomplish, a tem- (Mr. DAVIS of Illinois asked and was Arab oil embargo Americans suffered porary fix, or a comprehensive solution given permission to address the House throughout 1970s is not exactly the to poverty? for 1 minute and to revise and extend same today. Fuel sources today are If we truly want a comprehensive so- his remarks.) much more diverse. lution, we would allow TANF recipi- Mr. DAVIS of Illinois. Mr. Speaker, However, our oil supplies are still ents to count education as a work ac- for those who think welfare reform is vulnerable. Recently, crude oil and re- tivity so that they can move into liv- working well because caseloads have fined product shipments in Venezuela ing-wage jobs and not end up back on decreased, I ask them to come with me were at a virtual standstill due to the TANF 6 months after they leave. If we through low-income neighborhoods off-again and on-again regime of Hugo want a comprehensive solution, we across the country. Walk into the Chavez. would invest in quality child care so many ghettos and barrios in distressed Mexico’s oil industry has come on parents could go to work to ensure areas and tell those individuals that strong in recent years with Mexico es- their children will be safe in a nur- welfare reform is working. tablishing itself as the second largest turing environment that is preparing During the caseload plunge, many re- producer in the Western Hemisphere. them for success in school and beyond. cipients moved laterally in the employ- But the state-owned oil company, If we want a comprehensive solution, ment sector from one low-income, low- Pemex, continues to struggle for lack we would recognize the typical immi- wage job to another one. of investment of capital. grant worker pays $80,000 more in taxes In order to do real welfare reform, we Fortunately, the United States can than they receive in government bene- must put hope in the new welfare bill. look to Canada for supply. According fits over a lifetime, and we would re- We must put in job training, education, to EIA, from January through Novem- store the safety net for them. and transitional movement. We must ber 2001, the United States imported We would do all of this if we wanted have a strong fatherhood initiative. more oil and refined products from a comprehensive solution. Many of the individuals are parents of Canada than any other country. But the Republican proposal does not children. They are incarcerated, in jail, Mr. Speaker, we cannot take any for- embody this common sense. What is in in the penitentiaries. If there is to be eign oil supply for granted. We must their bills is a program that sets low- hope, we must make welfare reform a realistically turn to the development income people up for failure. Dead-end reality. If there is no work, there is no of new domestic sources of oil and gas workfare jobs with no opportunity to hope, and there is no welfare to work. reserves in the offshore, in the Rockies pursue further education and escape is f and in Alaska. We have the know-how a vicious cycle of poverty. INS REFORM and the resources to accomplish this. If I challenge my colleagues to make not now, when? good their election year pledges to help (Mr. SULLIVAN asked and was given f America’s working families and make permission to address the House for 1 these improvements in TANF this minute and to revise and extend his re- WELFARE REAUTHORIZATION year. marks.) (Mr. SMITH of Michigan asked and f Mr. SULLIVAN. Mr. Speaker, I would was given permission to address the like to voice my support for the immi- House for 1 minute and to revise and HONORING THE ACHIEVEMENTS OF gration reform bill before the House extend his remarks.) MARGE SCHOLLAERT this week. I commend the Committee Mr. SMITH of Michigan. Mr. Speak- (Mr. SHUSTER asked and was given on the Judiciary and the gentleman er, in this November’s election, there is permission to address the House for 1 from Wisconsin (Mr. SENSENBRENNER), going to be a lot of talk and debate minute and to revise and extend his re- the chairman of that committee, and about Social Security. As a person that marks.) the House Republican leadership for has worked for the last 9 years on the Mr. SHUSTER. Mr. Speaker, I rise this legislation, the Immigration Re- Social Security problems; and how we today to honor the achievements of form and Accountability Act. achieve the best possible solution to Marge Schollaert, a constituent who It is absolutely critical that we com- make sure that we keep this important resides in Chambersburg, Pennsyl- pletely restructure the INS, one of the program, and having served in the last vania. Recently, Marge was named the most inefficient government agencies. session as chairman of the bipartisan School Counselor of the Year for the The continual ineptitude was only Task Force on Social Security, I would middle and junior high level of the brought to the public knowledge by the like to make a couple of suggestions. Pennsylvania School Counselors Asso- events of September 11. I believe the One is that we do not try to scare ciation. Of the nearly 4,000 school coun- final straw was March 11 when two of people in an effort to achieve some selors in the State of Pennsylvania, the terrorist hijackers received paper- kind of political advantage, but rather only four are honored as counselors of work showing that their student visas that we talk about the real problem of the year. had been approved. These visa approv- Social Security; we talk about the real Marge Schollaert was recognized by als came well after the two would-be cost of doing nothing. Right now we her peers for her commitment to the hijackers had completed their training have a $9 trillion unfunded mandate. It Chambersburg area middle school and course. April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1625 While this shocked many, this level work week will cripple the State’s abil- House or in the Committee of the Whole. All of ineptitude has gone on for years in ity to continue to move TANF recipi- points of order against such amendments are the INS. INS blames the delays on an- ents out of poverty and into self-suffi- waived. At the conclusion of consideration of tiquated, inaccurate and untimely and ciency. It will require States to make the bill for amendment the Committee shall rise and report the bill to the House with inefficient paper-based processing sys- work. such amendments as may have been adopted. tems, while I believe the problem lies Despite recent trends, poverty has Any Member may demand a separate vote in with the antiquated, inaccurate and grown in my State of California. His- the House on any amendment adopted in the untimely INS. The management struc- panics and African Americans have Committee of the Whole to the bill or to the ture, the authority structure, the tech- higher rates of poverty in California committee amendment in the nature of a nology all need a comprehensive over- than anywhere else in the country. substitute. The previous question shall be haul, which is exactly what is before us Furthermore, most poor families in considered as ordered on the bill and amend- with the Immigration Reform and Ac- California are working. Simply work- ments thereto to final passage without inter- vening motion except one motion to recom- countability Act. ing more hours is not the solution. mit with or without instructions. Mr. Speaker, I urge my colleagues to Education is. support this measure. Research has shown that welfare re- The SPEAKER pro tempore (Mr. f cipients who are able to attend commu- LATOURETTE). The gentleman from nity college increase their median Georgia (Mr. LINDER) is recognized for WELFARE REFORM earnings by 43 percent. More than half 1 hour. (Mr. TIERNEY asked and was given of the people on welfare in Los Angeles Mr. LINDER. Mr. Speaker, for pur- permission to address the House for 1 lack a high school diploma. Clearly, poses of debate only, I yield the cus- minute.) the educational needs of these people tomary 30 minutes to the gentleman Mr. TIERNEY. Mr. Speaker, it is in- are not being met. from Florida (Mr. HASTINGS) pending teresting to note the fact that 495 TANF reauthorization needs to ad- which I yield myself such time as I Members of Congress have bachelor’s dress the educational needs of welfare may consume. During consideration of degrees. It is interesting to note the recipients. Simply working more hours this resolution, all time yielded is for fact that 127 Members of Congress have is not the solution. the purpose of debate only. masters degrees. It is interesting to Mr. Speaker, H. Res. 396 is a struc- note the fact that 224 Members of Con- f tured rule providing for considering of gress hold law degrees. b 1030 H.R. 3231, the Barbara Jordan Immigra- The House is soon going to begin de- tion Reform and Accountability Act of bate on reforming our welfare system. PROVIDING FOR CONSIDERATION 2002. The bill provides for 1 hour of gen- As we do so, I urge my colleagues to OF H.R. 3231, BARBARA JORDAN eral debate equally divided by the recognize the direct correlation be- IMMIGRATION REFORM AND AC- chairman and ranking minority mem- tween education and earning potential. COUNTABILITY ACT OF 2002 ber of the Committee on the Judiciary. What this Congress needs to do is to Mr. LINDER. Mr. Speaker, by direc- ensure that educational opportunities tion of the Committee on Rules, I call This rule waives all points of order can count as work for at least 2 years up House Resolution 396 and ask for its against consideration of the bill and for those individuals on welfare. immediate consideration. provides that the amendment in the That is why I, along with the gentle- The Clerk read the resolution, as fol- nature of a substitute recommended by woman from New Jersey (Mrs. ROU- lows: the Committee on the Judiciary now KEMA), have introduced H.R. 4210, the H. RES. 396 printed in the bill shall be considered as an original bill for the purpose of Working From Poverty to Promise Resolved, That at any time after the adop- Act, which would, among other things, tion of this resolution the Speaker may, pur- amendment and shall be considered as allow for expanded educational oppor- suant to clause 2(b) of rule XVIII, declare the read. tunities to count as work full-time for House resolved into the Committee of the It waives all points of order against 24 months. Whole House on the state of the Union for the bill, as amended and makes in In the long run, we need individuals consideration of the bill (H.R. 3231) to re- order only those amendments printed to become independent with stable place the Immigration and Naturalization Service with the Agency for Immigration Af- in the report of the Committee on family lives, while also meeting the fairs, and for other purposes. The first read- Rules accompanying the resolution. labor needs of our increasingly sophis- ing of the bill shall be dispensed with. All H. Res. 396 provides that the amend- ticated economy. We can ill afford to points of order against consideration of the ments printed in the report shall be be shortsighted in our reform by forc- bill are waived. General debate shall be con- considered only in the order printed in ing people into low-wage jobs with no fined to the bill and shall not exceed one the report, may be offered by a Member potential for advancement. That sim- hour equally divided and controlled by the chairman and ranking minority member of designated in the report, shall be con- ply continues the cycle of dependency. sidered as read, shall be debateable for The business community in my re- the Committee on the Judiciary. After gen- eral debate the bill shall be considered for the time specified in the report equally gion has concluded that it too has ben- amendment under the five-minute rule. It divided and controlled by the pro- efited when people are prepared to shall be in order to consider as an original ponent and an opponent, shall not be work at a level adequate to fulfill the bill for the purpose of amendment under the subject to an amendment, and shall not challenging and advanced positions and five-minute rule the amendment in the na- be subject to a demand for division of to make their companies profitable. ture of a substitute recommended by the the question in the House or in the Committee on the Judiciary now printed in Mr. Speaker, the President’s plan Committee of the Whole. which is embodied by the House major- the bill. The committee amendment in the ity would be much improved if amend- nature of a substitute shall be considered as H. Res. 396 waives all points of order read. All points of order against the com- against the amendments printed in the ed to let welfare recipients have real mittee amendment in the nature of a sub- opportunity through education and job report and provides one motion to re- stitute are waived. No amendment to the commit with or without instructions. training. committee amendment in the nature of a f substitute shall be in order except those Mr. Speaker, I urge my colleagues to printed in the report of the Committee on join me in approving this rule, so that PROPOSED TANF Rules accompanying this resolution. Each the House can begin its consideration REAUTHORIZATION such amendment may be offered only in the of H.R. 3231, the Barbara Jordan Immi- (Ms. WATSON of California asked order printed in the report, may be offered gration Reform and Accountability and was given permission to address only by a Member designated in the report, Act. I am a co-sponsor of this bill, and the House for 1 minute.) shall be considered as read, shall be debat- I hope that when the House approves able for the time specified in the report Ms. WATSON of California Mr. equally divided and controlled by the pro- this bill, the Senate will take prompt Speaker, I strongly oppose the Presi- ponent and an opponent, shall not be subject action as well, so that before the end of dent’s proposal to increase TANF work to amendment, and shall not be subject to a this year President Bush can sign into requirements. The proposed 40-hour demand for division of the question in the law strong INS reform legislation. If H1626 CONGRESSIONAL RECORD — HOUSE April 25, 2002 so, we will have taken a big step to- processing applications. Further, the process. Today, we consider a bill that wards enabling the Federal Govern- agency will be able to spend more time will truly reform an agency that has ment to effectively manage our Na- and resources on verifying applications become too accustomed to inadequacy, tion’s immigration policy for the first and conducting security and back- inconsistency, and failure. time in nearly 70 years. grounds checks. Thus, the United Mr. Speaker, I want to commend my Since 1933, when immigration en- States will be more able to effectively friend and colleague, the gentleman forcement and service were consoli- identify and stop individuals who have from Wisconsin (Mr. SENSENBRENNER), dated under the management of the questionable intentions or background the chairman of the Committee on the INS, it has failed to fulfill both of these from entering the U.S. and threatening Judiciary, for his strong and able lead- missions. The INS has not adequately our national security. ership in moving this bill through his deterred or eliminated illegal immigra- While most immigrants reside in the committee promptly and bringing it to tion, and it has ill-served legal immi- U.S. legally, others enter illegally, fur- the floor today. I know that he worked grants applying for residence or work tively entering through borders and with others on the committee to forge visas. It is only through the drastic, ports of entry or overstaying a legal a strong bipartisan consensus behind structural reforms proposed by H.R. visa or work permit. This willful dis- the structural reforms that H.R. 3231 3231 that we can begin to improve both regard of our laws should not be over- calls for, and he deserves the lion’s immigration service and enforcement, looked, and we must dedicate resources share of credit for bringing us to this and thereby serve America’s citizens to deterring illegal immigration or point in the process. and immigrants. finding and deporting those who enter Mr. Speaker, I reserve the balance of H.R. 3231 will split the INS into two nonetheless. This is no longer an issue my time. distinct, but equal, agencies so that of immigration, and instead it is one Mr. HASTINGS of Florida. Mr. each may concentrate on a single mis- firmly rooted in law enforcement and Speaker, I yield myself such time as I sion. The Bureau of Citizenship and Im- national security. may consume. migration Services, BSIC, will facili- The enforcement failures of the INS Mr. Speaker, I thank my friend, the tate the legal immigration process, can be characterized as ineffective at gentleman from Georgia (Mr. LINDER), while the Bureau of Immigration En- best and catastrophic at worst. Every for yielding me time. forcement, BIE, will deter and remove single one of the September 11 Mr. Speaker, I rise today to voice my illegal immigrants. Furthermore, this highjackers was able to enter the support of the Barbara Jordan Immi- bill elevates the importance of immi- United States legally, and while three gration Reform and Accountability Act gration policy in the executive overstayed their visas, the INS did not of 2002. Before I launch into my re- branch’s hierarchy by creating an As- have the capacity to track, find and de- marks, I would like to preface them by sociate Attorney General within the port visa violators. In the wake of this asking the question, What would Bar- Department of Justice, whose sole re- tragedy, we also discovered that more bara Jordan do? I wish I could give the sponsibility will be immigration af- than 1,000 foreign students could not be rule that we will presently consider the fairs. located for interviews after the tragic type of support that I would offer for Every year more than one million attacks. Finally, it is worth noting the Barbara Jordan Immigration Re- people settle in the United States. that reports estimate that as many as form and Accountability Act. However, Most come legally after waiting years 400,000 individuals who have been or- the Committee on Rules’ refusal to for visas or work permits and following dered deported are still living in the allow a number of thoughtful sub- the lengthy red tape trail to legal sta- U.S. stantive amendments to be considered tus. They come for the opportunity to While this information is startling, by the House this morning does give live the American dream, to join loved these are just a few of the notable inci- me some small reason to pause. ones, or to seek jobs, freedom, pros- dents in a long string of enforcement That fact notwithstanding, I want to perity, and security. In turn, we only failures by the INS. We must restore commend the authors of this bill, the ask that they abide by our laws and re- our ability to adequately detect non- gentleman from Wisconsin (Mr. SEN- spect the principles outlined in the compliance and fraud. This goal will be SENBRENNER) and the gentleman from Declaration of Independence and the enhanced by the establishment of a sin- Pennsylvania (Mr. GEKAS) and the Constitution. gle agency, focusing on enforcing our ranking members, the gentleman from The majority of immigrants adhere immigration laws and removing viola- Michigan (Mr. CONYERS) and the gen- to these conditions, and as a Nation es- tors. The BIE will be better able to pro- tlewoman from Texas (Ms. JACKSON- sentially founded by immigrants, we tect our borders and stop illegal cross- LEE). They have produced a bipartisan welcome them to our shores. Immi- ings. Further, as approximately 40 per- bill that is sure to improve the per- grants have contributed to our growth cent of the illegal immigrants come to formance and accountability of the as a democratic and capitalistic Na- the U.S. on legal and temporary visas, way this Nation handles its immigra- tion, and we recognize that immigra- the agency will be able to better track tion procedures. I should better say tion is a historic and vital facet of and monitor visa over-stayers and pro- that they hope it will do that. American life. It is only natural then vide swift removal. While the BIE can- My next sentence, Mr. Speaker, I am that we should work to facilitate their not single-handedly correct all of our sure will be music to the ears of the admittance to the United States. Yet immigration problems, it can correct multitudes who sometimes run up for years we have failed in this regard. many of these problems and provide a against the brick wall known as the A report by the General Accounting greater level of security to our Nation INS. This bill abolishes the Immigra- Office in June 2001 indicated that, de- and its citizens. tion and Naturalization Service and re- spite significant increases in funding, Since the 1930s, the INS has been places it with two separate bureaus: the backlog for all immigration appli- charged with implementing national the Bureau of Citizenship and Immigra- cations had increased four-fold since immigration policy. Time and time tion Services and the Bureau of Immi- 1994. In some instances, applicants again, the INS has failed the American gration Enforcement. must wait 2 years before the INS can people and the Congress. And it has Please do not get me wrong, Mr. review their application and render a disappointed our immigrants and con- Speaker. There were thousands and decision. As the backlog of cases stood tributed to the weakening of our na- thousands of hard-working INS em- at 4.9 million applications and peti- tional security. With each shocking ployees, many of whom I have the tions at the end of fiscal year 2001, we revelation of a new oversight, failure privilege to represent and my offices, can expect these delays to probably or mistake by the INS, we have ex- particularly those in Florida, interface worsen. pressed our shock and bewilderment. with on a day to day basis. They are By establishing the BSIC and man- With each report highlighting the inef- extremely responsive with the limited dating that its sole responsibility be ficiencies of the agency, as well as the technology that they have and the lim- the processing of immigration applica- numerous deficiencies, we have urged ited ability to try to handle the mas- tions, we can improve applicant service change. Yet today is the day that we sive number of changes. So to the hard- and decrease the time required for will actually begin this long overdue working INS rank-and-file employees, I April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1627 would ask my colleagues to back off of The amendment would have been a and even to the extent of endangering them a bit and to go after those people critical first step in rectifying grievous national security. Some have even sug- who really have caused the problem, inequities in current INS policy. They gested that INS actually stands for ig- sometimes some of us politicians. grant one type of treatment for refu- noring national security. Why would It is unfortunate, however, that the gees from certain countries and a dif- they do this? leadership of the INS over the past gen- ferent, second-class, if not third-class Here is a question that was asked to erations has made it into literally the type of treatment to migrants from the former Deputy Attorney General laughing stock of the Federal bureauc- other countries. George Terwilliger, and this comes racy. While I am convinced you will No later than yesterday, the Miami from a March 10, 2002, quote. ‘‘Do you find no harder working employees than Herald and the Sun Sentinel in Fort think the INS has a handle on who it the rank and file at the INS, I am Lauderdale editorialized that this pol- lets in and who is here and whether equally convinced that many of these icy is discriminatory. It needs to stop. they have left?’’ His answer, as a very people are justifiably confused and And we offered an amendment that informed person, ‘‘No. No, they do not frustrated by management and struc- would stop it, and of course, it was have a handle on it.’’ tural and institutional paralysis at ruled as not germane. I do not know Another statistic from the House their agency. what could be any more germane, and Committee on the Judiciary, the Cen- The bill we consider today makes a I do not know where a waiver obtains sus Bureau estimates that at least 8 number of changes that I hope will help in the Committee on Rules, but I rath- million undocumented illegal immi- pave the way for a system and struc- er suspect that we did not want to offer grants reside in the United States of ture that the American people can be this measure so as how not to impinge America. I want to give my colleagues proud of and one that treats visitors to on this so-called reform that we are a picture of 8 million. The State of our country fairly, keeping in mind the headed down the road to. Georgia, Georgia has 8.1 million people. very serious responsibilities of safety Mr. Speaker, we cannot as a demo- So what we are saying is a State the and security for our citizens. The Bar- cratic Nation continue to condone an size of Georgia would have a total pop- bara Jordan immigration reform bill immigration policy that favors immi- ulation of undocumented illegal immi- establishes the office of the Associate grants from some nations while dis- grants. That is outrageous, atrocious, Attorney General for the purpose of criminating against those from others. and unacceptable. Are they ignoring national security? immigration affairs. Under the meas- I have always believed that legal immi- In March 2002, the INS mailed a letter ure, the Associate Attorney General gration is one of the sources of Amer- to a Florida flight school informing would be appointed by the President ica’s greatness, as our country has them that Mohammed Atta and an- and confirmed by the Senate. The As- prided itself on its diversity, its other hijacker had been approved for strength through that diversity. sociate Attorney General will be hired student visas. Of course, Mr. Atta was We are a Nation of immigrants, and to have a minimum of 5 years man- not around to receive his visa at that those who enter our borders legally aging a large and complex organization time because, as my colleagues recall, should be afforded equal opportunity to and will be responsible for coordinating he had driven a plane into the World excel and prosper, and there is evidence the administration of natural immigra- Trade Center in September. Ignoring that that has been the case in this tion policy and overseeing and super- national security; if the INS officials great country. They should enjoy the vising the work of the directors of the were following their own policies, Mo- benefits that those of us born here take immigration services and enforcement hammed Atta would never have been for granted. bureaus and reconciling any conflicting allowed to enter the United States of As I said, Mr. Speaker, I do support policies between the bureaus. America in the first place if they just the base bill on the floor today and I While the legislation was passed out followed their own policies. of the Judiciary Committee by an over- think the gentleman from Wisconsin Are they ignoring national security? whelming majority, I cannot, however, (Mr. SENSENBRENNER) and the gen- There are over 300,000 criminal and de- ignore the very cogent dissenting views tleman from Michigan (Mr. CONYERS) portable illegal immigrants ordered re- offered by my friends, the gentlewoman have done an outstanding job, and I moved by immigration judges that from California (Ms. LOFGREN) and the urge my colleagues to do likewise. I have fled; 6,000 of those are from coun- gentleman from North Carolina (Mr. only wish that the Committee on Rules tries identified as al Qaeda strong- WATT), and others. had permitted a few more amendments holds; 300,000 criminals that have been to make in order those things that b 1045 ordered to leave. I would say, yes, it would make this bill a lot more mean- does appear that national security has They argue that the bill, as it cur- ingful. been ignored. rently stands, will not substantially re- I do end by saying what I said at the Is it incompetence? The INS had a form the agency. The bill simply outset, Mr. Speaker, and that is, we backlog of 4.9 million applications and reconfigures the INS by splitting au- have named this bill the Barbara Jor- petitions at the end of fiscal year 2001. thority over the two essential elements dan Immigration Reform and Account- Now, it has already been said the gen- of INS, immigration and enforcement, ability Act of 2002. Like many people in tleman from Georgia (Mr. LINDER), into two bureaucracies instead of one. this room, I knew Barbara Jordan, and that in his office and in many congres- While their view is shared by some of I ask the question, what would Barbara sional offices around the country they us, I am hoping the amendments to be Jordan do? get more INS complaints than they get offered later today will perfect some of Mr. Speaker, I reserve the balance of IRS complaints. And I see it in Savan- the shortcomings that currently exist. my time. nah, Georgia. Additionally, although the title of Mr. LINDER. Mr. Speaker, I am People come in all the time and they the bill suggests that we are reforming pleased to yield 4 minutes to the gen- cannot get their visas approved, they both immigration structure and poli- tleman from Georgia (Mr. KINGSTON). cannot get other things stamped and cies, it fails to address many sub- Mr. KINGSTON. Mr. Speaker, I taken care of. We, I believe, have a stantive issues that many Members, thank the gentleman for yielding me very good, local, competent office, and myself included, would have liked to the time, and I certainly appreciate the I agree with the gentleman from Flor- have seen more fully explored. For ex- opportunity to participate in this de- ida (Mr. HASTINGS), there are lots of ample, the amendment I intended to bate with my friend from Miami and very, very good employees who do an offer, which was not given a waiver and my friend from Georgia. excellent job, but I think structurally not made in order, would have added I just want to go through a few the deck is stacked against them. some substantive meat to the legisla- charts today because I believe that Their hands are tied to do what they tion, adjusting the immigration status what is driving this debate is maybe really want to do, what they know they of eligible Haitian aliens by granting negligence, maybe incompetence, should do, and what they can do. them permanent resident status in the maybe a combination of things at INS Last year, the Justice Department United States, those that are here that has certainly caused it to fall handled over 4,200 allegations of mis- since 1995. very, very, very short of its mission conduct against INS personnel. It is H1628 CONGRESSIONAL RECORD — HOUSE April 25, 2002 time for a change. We can do that. This The same people will be patrolling tained in H.R. 3231 reported by the House Ju- legislation today is a very significant our borders and reporting to the same diciary Committee. first step to clean up a long overdue sector chiefs. The same people will be In this context, we offer some suggestions on why the more complete separation of process. When the government is no issuing visas and adjudicating immi- agency responsibilities reflected by your bill longer responsive and no longer effi- gration claims. received support from the Commission. We cient, no longer doing what it is meant But to implement the supposed re- continue to believe that this more funda- to do, it is time for Congress to step in form is going to cost the American tax- mental reform is far preferable. and change, and that is what we are payers an additional $1.1 billion. Why? From 1992 to 1997, we served together as doing here today. Because it would eliminate $1 billion of members of the Jordan Commission and co- Support this rule and support the revenues that immigrants pay now chaired its working group on management legislation. through fees that are used for border reform, which developed the recommenda- Mr. HASTINGS of Florida. Mr. tions on restructuring reported to Congress enforcement or drug interdiction. We on September 30, 1997. We come from oppo- Speaker, I reserve the balance of my would have to replace it with general site ends of the political spectrum. Bob Hill time. revenue funds. served as an appointee of President Reagan Mr. LINDER. Mr. Speaker, I yield 4 Mr. Speaker, the irony today is that in the White House, the State Department minutes to the gentleman from Ari- there is a proposal for real INS reform. and the Justice Department. Bruce Morrison zona (Mr. KOLBE). It was submitted to Congress 5 years was a Democratic Member of Congress and (Mr. KOLBE asked and was given per- ago. It was the recommendation of the served in the Clinton Administration. We mission to revise and extend his re- commission chaired by the late Con- have both had extensive experience rep- marks, and include extraneous mate- resenting clients in immigration matters. On gresswoman Barbara Jordan. I would this issue, our experience leads us to con- rial.) have liked to offer the commission’s Mr. KOLBE. Mr. Speaker, I rise in sensus, much as it did for the diverse mem- recommendation as an amendment, but bership of the Commission. opposition to the underlying bill that this rule does not permit that. The Jordan Commission reached its rec- this rule offers for consideration, the The commission’s proposal has been ommendation for restructuring after years of Barbara Jordan Immigration Reform vetted and studied for years, 5 years by extensive investigation. We held more than and Accountability Act. I appreciate the commission and at least 5-years 40 public hearings, consultations and round- table discussions with government officials the work of the Committee on the Ju- that it has been before Congress. These diciary and the Committee on Rules to and outside experts, as well as recent immi- recommendations, my amendment, grants and refugees themselves. In every bring a bill to the floor, but I think would fundamentally restructure INS this effort falls seriously short of the forum there was serious, ongoing discussion by recognizing three core immigration of the problems confronting the government real reform that is needed. functions and rationalizing them into agencies responsible for administering the Unfortunately, the bill that we have three specific departments with exper- immigration system as well as those con- before us today simply rearranges the tise in these areas. fronting the individuals, employers, and boxes on the existing organization Let me read just a couple of excerpts practitioners subjected to it. Based on this chart of the INS. It separates two di- from a letter written by Robert Hill input, we set criteria for evaluating com- peting restructuring proposals. These in- vergent functions within the INS, im- and Bruce Morrison, a Republican and migration service and benefits. But it cluded: (1) consolidation and streamlining of Democrat, who cochaired the Jordan does not do much more than already government operations; (2) unambiguous al- Commission Working Group on Struc- exists. Instead of having the two func- location of responsibility and accountability tural Reform of the INS: tions joined at the top by the INS Com- for core functions; (3) effective separation of ‘‘Coordination of functions would be law enforcement and benefits adjudication; missioner who reports to the Attorney better under H.R. 4108,’’ that was the (4) maximum utilization of existing General, they are joined at the top by bill I have introduced that now I pro- strengths and elimination of weaknesses or an Associate Attorney General who re- pose to offer as an amendment. ‘‘Co- redundancies; and (5) enhancement of policy ports to the Attorney General. ordination of functions would be better formulation, implementation and coordina- My colleagues may be interested in tion. under H.R. 4108 than under the Judici- knowing that on November 4 of last Immigration law enforcement belongs in ary Committee bill. Under the com- year, the Attorney General and the the Justice Department. Everyone agrees INS Commissioner announced that mittee bill, administration of immigra- that the enforcement of our immigration laws—at the border and within the country— under their own reorganization plan, tion benefits would continue to be split between Justice, Labor, and State, as should be handled by a separate bureau with- ‘‘clear and separate chains of command in the Justice Department. We all seek to for the agency’s service function and under current law. All the fragmenta- tion found by the commission would have this enforcement carried out with the enforcement function are created.’’ So, kind of professional standards and effective- this bill would add nothing to what has continue. Your bill addresses this prob- ness we have long associated with the Crimi- already been done administratively. lem with its consolidation of benefits nal Division, the U.S. Attorneys, and the The bill also purports to give each adjudication in the State Department FBI. INS enforcement activities, while given function its own budget and its own ...’’ high priority within the agency, have never dedicated employees. As a member of Quoting further, ‘‘Immigration law had the status within Justice that comes to the Subcommittee on Commerce, Jus- enforcement belongs in the Justice De- other law enforcement functions. This should change. tice, State and Judiciary that has re- partment . . . The Justice Department is the wrong place for adjudicating im- The Justice Department is the wrong place sponsibility for the INS and Depart- for adjudicating immigration benefits. The ment of Justice budget, I can tell my migration benefits.’’ main distinction between the Committee bill colleagues that for some time now we Mr. Speaker, I would place in the and yours is the placement of the second have already separated the budget of RECORD at this point the rest of this major INS function—adjudication of benefit the service and the enforcement func- letter. applications. The Commission considered tions of the INS. So nothing new is ac- APRIL 18, 2002. and rejected the idea of keeping this func- Hon. JIM KOLBE, tion in the Justice Department. Although complished here, either. initially Justice was viewed by most mem- It is no surprise that the Department House of Representatives, Washington, DC. bers as the presumptive choice, they were ul- of Justice is now supporting this bill DEAR CONGRESSMAN KOLBE: As former timately persuaded otherwise. The reasons because it does not impose any changes members of the U.S. Commission on Immi- were the fundamental objection to locating on them. The only difference that I can gration Reform (the ‘‘Jordan Commission’’), the enforcement and benefits functions in see is that we will change the INS we are writing to express our views on the one agency, and that the Justice Department Commissioner’s title to Associate At- INS Reorganization Act of 2002 (H.R. 4108), did not have the capacity to take on the torney General. The same people at the which you introduced on April 9, 2002. We un- State Department’s international visa func- INS will be doing the same things they derstand that your bill encompasses the Jor- tions. Some argued that the two functions dan Commission’s recommendations for com- are complementary and must be coordinated are doing today and the same things prehensive restructuring of responsibility for by a single government official. But we saw they were doing prior to September 11. immigration functions within the govern- that as little different from the INS struc- What would have been different if ment. We also understand that you may seek ture that has so clearly failed. Instead we this proposed bill had been law prior to to offer your bill as a substitute for the well- concluded that the very qualities of ap- September 11? intentioned, but more limited reforms con- proach and status that make Justice the April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1629 right home for immigration enforcement Morrison Public Af- Congress and this Nation and an obli- make it the wrong place for benefits adju- fairs Group. gation to our country to protect the dication. In fact, the general rule in the fed- ROBERT CHARLES HILL, citizens or those within its boundaries, eral government is for serious violations of Arent, Fox, Kintner, that the work we do today with re- law regarding federal benefits and programs Plotkin & Kahn. structuring the INS by abolishing the to be handled by law enforcement agencies, Mr. KOLBE. Southern Arizona, which not the agency administering the benefit. INS and creating this new agency is to The State Department is the best place to I represent, knows firsthand that the answer those two concerns and to be locate the benefits function. The need to INS has failed to fulfill its duties. The able to service those who legitimately take benefits administration out of Justice people of Arizona have to deal with the are attempting to access legalization. was an easier choice for the Commission consequences, such as treating injured And we do it in a bipartisan manner by than the choice of a new location. But closer illegal immigrants, environmental deg- merging the provisions of H.R. 1562 and examination pointed strongly to State. That radation, and the strain on law en- Department has the greatest institutional H.R. 3231. capacity and presence, as well as profes- forcement. This rule includes an opportunity to sional capabilities to undertake the work of I simply cannot go back to my State, improve the bill. It has in it an amend- establishing and administering a consoli- to the people of southern Arizona and ment authored by the gentlewoman dated worldwide adjudication system. It say that we have reformed the INS from Wisconsin (Ms. BALDWIN), in issues more than half a million immigrant with this bill because, sadly, it just which I have joined, to ask the ques- visas and more than seven million non- does not do it. It is an illusion of re- tion and provide the opportunity for immigrant visas each year to applicants form. unaccompanied minors to be able to around the world. It issues millions of pass- have counsel. It asks the question on ports to American citizens through its exist- We need to go back to committee. We ing passport offices in fifteen U.S. cities. It need to consider real reform for the an amendment that I have offered determines citizenship claims of foreign resi- INS. Unfortunately, this bill just does about the money stream, and that is a dents and registers the births of U.S. citizens not do it. question that Members ask: Will we ef- overseas. And, at the National Visa Center in Mr. HASTINGS of Florida. Mr. fectively be able to reform this agency, Portsmouth, New Hampshire, it annually Speaker, I am pleased to yield 41⁄2 min- rebuild this agency, with enough fund- processes three-quarters of a million immi- utes to the gentlewoman from Texas ing? So I immediately ask the ques- grant cases and the annual diversity visa (Ms. JACKSON-LEE). tion, and hope my colleagues will vote ‘‘lottery.’’ for it, for a study to determine whether Placing immigration benefit administra- (Ms. JACKSON-LEE of Texas asked tion at the State Department would and was given permission to revise and the fee-based funding of the service strengthen both the function and the Depart- extend her remarks.) part of our legislation will be suffi- ment. Many advocates favor a separate agen- Ms. JACKSON-LEE of Texas. Mr. cient. cy or department to oversee a consolidated Speaker, I thank the distinguished gen- In addition, this bill provides for an immigration function. The Commission re- tleman from Florida (Mr. HASTINGS) a opportunity to discuss several amend- jected that idea both as impractical and as ments that will talk about proficiency, continuing the role conflicts between ex- member and a very diligent and effec- tive member of the Committee on as the manager’s amendment includes. tending benefits and pursing lawbreakers. We are particularly proud of the Office But one concern of those advocates—the Rules for his leadership. need for a leading voice on immigration pol- We have a period of time to engage in of Children’s Affairs, which points to icy—is answered by the State Department. general debate and comment on a num- the fact that children come unaccom- Migration issues are international in char- ber of amendments that have been al- panied, but children are especially im- acter and they require understanding and co- portant and dear and, therefore, they lowed for in this bill. So I rise today to operation among many nations. State can need particularly special attention. discuss this bill in the overall context and should play the key role in the broad I would have hoped that the rule questions of migration policy, as it now does of the ability of the House of Rep- could have included a number of other in refugee matters. As one of the four most resentatives to be a problem solver and amendments. I am always of the incli- powerful cabinet departments in the govern- to ensure that the bill is reflective of ment, its influence at the White House can nation that it is important to have a the intensity of hard work that has vigorous debate and discussion on leg- elevate immigration policy issues on any Ad- gone on throughout the days and ministration’s policy agenda. And the strong islation that comes to the floor of the interests of U.S. families and companies in months and years that the light has House. So I would say to the gentleman been shone on the INS. immigration policy will give the State De- from Florida (Mr. HASTINGS) that I partment an involvement with domestic con- This bill is a bill that has brought know very well what Congresswoman stituents that can only help its policy and about one of the most effective series Barbara Jordan would have wanted, political strength. of conversations and negotiations be- and that is an opportunity for fairness Coordination of functions would be better tween the chairman, ranking member, under H.R. 4108 than under the Judiciary for the Haitians. And I say to the gen- Committee bill. Under the Committee bill, subcommittee chairman, and ranking tleman from Florida (Mr. HASTINGS) administration of immigration benefits member of the Subcommittee on the that we are still going to commit our- would continue to be split between Justice, Judiciary. selves to working on that legislation. Labor, and State, as under current law. All b 1100 But, in fact, as we debate this, I hope the fragmentation found by the Commission that it will be well-known that this bill would continue. Your bill addresses this It has been an effective process. This is a bill of compromise and a bill of col- problem with its consolidation of benefits bill is a bill that takes into consider- laboration. This is a Democratic bill adjudication in the State Department. When ation both positions of Democrats and respondents in proceedings before the Jus- with, of course, the collaboration and tice Department have benefit claims, they Republicans. work of the leadership of this House will be as well protected by seeking State In April of 2001, I filed H.R. 1562, a working together to make this a good Department processing, as they will be going bill called the Immigration Restruc- bill for the country. to another office at Justice. turing and Accountability Act of 2001. Mr. Speaker, I rise in support of the rule In over four years since the Commission’s In that bill it included an Office of governing H.R. 3231 on the floor today. This final report to Congress, we have both ob- Children’s Affairs. The INS was de- is a good rule not because it is a structured served the continuing deterioration of a sys- signed to have two entities, a service tem collapsing under its own weight. We rule, but because it allows amendments that have also had time to reflect upon the pro- entity and an enforcement entity, and are germane, that improve the bill in a careful posals we made for revitalizing that system. that was to be headed by an associate and constructive manner. I want to thank both Those proposals are not perfect, but we re- Attorney General. If we look at the bill my full committee chairman and my full com- main persuaded that they provide the best before us, we find that that exact same mittee ranking member, and the subcommittee option for effective reform available particu- structure is in 3231. So the good news chairman, GEORGE GEKAS, on the hard work larly in the wake of September 11. For that about this rule and legislation is that that we put in to finally crafting a compromise reason, we are both pleased to support your H.R. 1562 was in large part adopted by bill, H.R. 4108 and offer our assistance in in order to reach agreement on H.R. 3231. anyway you believe will be of help in your ef- H.R. 3231. The bill that you have before you today is bi- forts to enact it into law. So I believe that the message today partisan legislation to comprehensively over- Sincerely, should be that those of us who realize haul the beleaguered Immigration and Natu- BRUCE A. MORRISON, that service is the responsibility of this ralization Service, INS. On April 10, 2002, the H1630 CONGRESSIONAL RECORD — HOUSE April 25, 2002 legislation overwhelmingly passed the Judici- with Congresswoman LOFGREN of an amend- months later, even after Atta had left ary Committee with a vote of 32 to 2. ment that would allow the Attorney General to the United States a second time, Atta’s In the 106th Congress and in the 107th enter into contracts with private sector firms to flight training visa application was ap- Congress I have introduced H.R. 1562, the develop and implement an overall technology proved. This application was approved Immigration Restructuring and Accountability solution to the INS current problems. I hope 11 months after it was filed, despite the Act of 2001. I have been a champion for years this amendment is made in order. fact that he had departed the United when it comes to restructuring the INS. I have Lastly, I have an amendment that requires States on two occasions. been arguing for years that while we need to the GAO to conduct a study to examine Mr. Speaker, I think it is pretty obvi- separate out the services and enforcement whether the Bureau of Immigration Services ous. This man should not have been ad- function of the INS, we still need to have a can survive as an agency without specific lan- mitted once, not twice, and certainly strong leader at the top, and we do in this bill. guage that authorizes appropriations and sole- not three times. Does this mean we We need to have a Office of Children’s Affairs, ly has this bureau relying on fees. This is a have a need for immigration reform? and we do in this bill. We need to have a gen- worthwhile amendment. You bet. eral counsel that will be housed in the Asso- I urge adoption of this legislation. I plan on supporting this reform. I ciate Attorney General’s office. We do in this Mr. LINDER. Mr. Speaker, I yield 4 plan on offering additional amend- bill. We need to have more accountability that minutes to the gentleman from Cali- ments, because we can never, never would require field offices and service centers fornia (Mr. ISSA). again tolerate the ineptness in the INS of the two proposed immigration bureaus to di- Mr. ISSA. Mr. Speaker, one of the that allowed this man to come here, rectly and consistently follow all directives and reasons that we need restructuring of not once, not twice, but a third time, guidelines from the bureau directors. Due to the INS is to keep the Mohammed and to train and kill Americans on an amendment that we adopted in committee Attas out of the United States. Reports September 11. that I offered, we now have that in this bill. state that Mohammed Atta, an Egyp- Mr. LINDER. Mr. Speaker, I yield The need for overhauling the INS is undeni- tian citizen, piloted the first plane that myself such time as I may consume to able. Americans regularly hear of the agency’s crashed into the World Trade Center. urge my colleagues to support the pre- latest blunder and observe an agency stum- Let us take a look at the INS record vious question and the rule. bling from one crisis to the next, with no co- of Atta. On June 3, 2000, Atta was ad- Mr. HASTINGS of Florida. Mr. herent strategy of how to accomplish its mis- mitted to the United States solely for Speaker, I yield back the balance of sions. the purpose of being a visitor, a tour- my time. We need to have an Office of Immigration ist. On July 6, just a month later, after Mr. Speaker, I yield back the balance Statistics that keeps adequate records of both being admitted, he started his flight of my time, and I move the previous service and enforcement statistics, and we do training in Venice, Florida. INS regula- question on the resolution. in this bill. I hope that Members come to the tions prohibit him from doing that The SPEAKER pro tempore (Mr. floor and support the Roybal-Allard amend- flight training. That is a student sta- LATOURETTE). The question is on order- ment which adds clarity to this language. tus. It is not, I repeat, is not a tourist ing the previous question. Our legislation builds on the Commission’s status event. The question was taken; and the conclusions by abolishing the INS and cre- On August 29, 2000, after he had Speaker pro tempore announced that ating two separate bureaus in the Justice De- begun training, the flight school, pur- the ayes appeared to have it. partment to handle the dual immigration func- suant to INS regulations, applied for a Mr. HASTINGS of Florida. Mr. tions—one led by a law enforcement profes- student visa for Atta from the INS. On Speaker, I object to the vote on the sional to enforce our immigration laws and September 19, 2000, Atta changed his ground that a quorum is not present one led by an expert in benefits adjudication status from nonimmigrant visitor to and make the point of order that a to provide immigration benefits to legal aliens. nonimmigrant student. By this time, quorum is not present. A new Associate Attorney General who han- he was already flying. In December The SPEAKER pro tempore. Evi- dles only immigration affairs supervisors and 2000, before an approval of this applica- dently a quorum is not present. resolves conflicts between the two bureaus, tion to be a student pilot arrived, he The Sergeant at Arms will notify ab- thereby raising these issues to the level and departed the country for travel to Ma- sent Members. attention that they deserve within the Depart- drid. We can only imagine what he Pursuant to clause 9 of rule XX, the ment of Justice. went there for. Chair will reduce to 5 minutes the min- There will also be an Office of Children Af- Should Atta have been admitted? Let imum time for electronic voting, if or- fairs established in the Associate Attorney us look at the facts. First, there was dered, on the question of agreeing to General’s office raising the concern and im- evidence before the inspector that Atta the resolution and on the question of portance of children’s issues in the immigra- obtained a visa by fraud by concealing the Chair’s approval of the Journal. tion system. This is very important to me as from the State Department when he The vote was taken by electronic de- we have a mechanism in place that deals with applied for the visitor’s visa abroad vice, and there were—yeas 384, nays 36, the proper placement of unaccompanied minor that he actually was coming to the not voting 14, as follows: U.S. for flight training. The inspector’s alien children who come into custody of the [Roll No. 111] Department of Justice. We need to ensure notes on January 10 show that Atta ad- YEAS—384 that the interests of the child are considered in mitted that he had been in flight train- decisions and actions relating to their care and ing for 5 to 6 months, almost the entire Ackerman Bishop Cannon Aderholt Blumenauer Cantor custody, and that every effort is made to re- period authorized for his previous stay, Akin Blunt Capito unite these children with family members in to enter and immediately undertake Allen Boehlert Capps the United States or abroad. the business of learning to fly, and now Andrews Boehner Capuano Armey Bonilla Cardin More importantly, I am cosponsoring an we know learning to kill. Baca Bonior Carson (OK) amendment with Congresswoman TAMMY There is also evidence from the in- Bachus Bono Castle BALDWIN that would require the Director of the spector’s notes that Atta admitted he Baird Boozman Chabot Children’s Affairs office to develop a plan that was returning to attend flight school. Baker Borski Chambliss Baldwin Boswell Clay would ensure that unaccompanied minor chil- The commissioner himself testified be- Ballenger Boucher Clement dren have legal representation. This is a topic fore the House Committee on the Judi- Barcia Boyd Clyburn that is dear to my heart. There have been too ciary that Atta’s unapproved applica- Barr Brady (PA) Coble tion for training visa was abandoned Barrett Brady (TX) Collins many instances where children have immi- Bartlett Brown (FL) Combest grated to the United States and have been upon his departure from the United Barton Brown (OH) Condit without guardians and without hope. They States. According to INS regulations, Bass Brown (SC) Cooksey have been mistreated and misplaced. It is only if the inspector thought that Atta was Bentsen Bryant Costello Bereuter Burr Cox fitting that the Congress see if somehow this coming to the United States to go to Berkley Burton Coyne new director can look into providing them with flight school, he should have sent him Berman Buyer Cramer proper legal representation. back to get a proper approval. Berry Callahan Crane Services under INS have been abysmal and Nevertheless, Atta was admitted on Biggert Calvert Crenshaw Bilirakis Camp Cubin continue to deteriorate. I also am a cosponsor January 10, 2001, as a visitor. Six April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1631 Culberson Johnson (CT) Platts Weiner Whitfield Wu Dingell Kind (WI) Ramstad Cummings Johnson (IL) Pombo Weldon (FL) Wicker Wynn Doggett King (NY) Regula Cunningham Johnson, E. B. Pomeroy Weldon (PA) Wilson (NM) Young (AK) Dooley Kingston Rehberg Davis (CA) Johnson, Sam Portman Weller Wilson (SC) Young (FL) Doolittle Kirk Reyes Davis, Jo Ann Jones (NC) Price (NC) Wexler Wolf Doyle Kleczka Reynolds Davis, Tom Jones (OH) Pryce (OH) Dreier Knollenberg Riley NAYS—36 Deal Kanjorski Putnam Duncan LaFalce Rivers DeFazio Kaptur Quinn Abercrombie Hastings (FL) Mink Dunn LaHood Roemer DeGette Keller Radanovich Becerra Hinchey Olver Edwards Lampson Rogers (KY) Delahunt Kelly Rahall Carson (IN) Kucinich Owens Ehlers Langevin Rogers (MI) DeLauro Kennedy (MN) Ramstad Clayton LaFalce Pallone Ehrlich Lantos Rohrabacher DeLay Kennedy (RI) Regula Conyers Lee Payne Emerson Larsen (WA) Ros-Lehtinen DeMint Kerns Rehberg Davis (IL) Lofgren Sanchez Engel Larson (CT) Ross Deutsch Kildee Reyes Dingell Lynch Serrano English Latham Rothman Diaz-Balart Kilpatrick Reynolds Doggett McGovern Slaughter Eshoo LaTourette Roukema Dicks Kind (WI) Riley Fattah McKinney Stark Etheridge Levin Roybal-Allard Dooley King (NY) Rivers Filner McNulty Waters Evans Lewis (CA) Royce Doolittle Kingston Roemer Gephardt Meek (FL) Watt (NC) Everett Lewis (GA) Rush Doyle Kirk Rogers (KY) Gutierrez Miller, George Woolsey Fattah Lewis (KY) Ryan (WI) Dreier Kleczka Rogers (MI) NOT VOTING—14 Ferguson Linder Ryun (KS) Duncan Knollenberg Rohrabacher Flake Lipinski Sabo Dunn Kolbe Ros-Lehtinen Baldacci Honda Sanders Fletcher LoBiondo Sandlin Edwards LaHood Ross Blagojevich Hulshof Smith (WA) Foley Lowey Sawyer Ehlers Lampson Rothman Crowley Leach Spratt Forbes Lucas (KY) Saxton Ehrlich Langevin Roukema Davis (FL) Rangel Traficant Ford Lucas (OK) Schiff Emerson Lantos Roybal-Allard Holt Rodriguez Fossella Luther Schrock Engel Larsen (WA) Royce Frelinghuysen Lynch Scott English Larson (CT) Rush b 1133 Frost Maloney (CT) Sensenbrenner Eshoo Latham Ryan (WI) Gallegly Maloney (NY) Serrano Etheridge LaTourette Ryun (KS) Messrs. DAVIS of Illinois, ABER- Ganske Manzullo Sessions Evans Levin Sabo Gekas Markey Shadegg Everett Lewis (CA) Sandlin CROMBIE, and CONYERS, and Mrs. MEEK of Florida, Mrs. CLAYTON, and Gephardt Mascara Shaw Farr Lewis (GA) Sawyer Gibbons Matheson Shays Ferguson Lewis (KY) Saxton Ms. SLAUGHTER changed their vote Gilchrest Matsui Sherman Flake Linder Schaffer from ‘‘yea’’ to ‘‘nay.’’ Gillmor McCarthy (MO) Sherwood Fletcher Lipinski Schakowsky Mr. BENTSEN changed his vote from Gilman McCarthy (NY) Shimkus Foley LoBiondo Schiff Gonzalez McCollum Shows Forbes Lowey Schrock ‘‘nay’’ to ‘‘yea.’’ Goode McCrery Shuster Ford Lucas (KY) Scott So the previous question was ordered. Goodlatte McDermott Simmons Fossella Lucas (OK) Sensenbrenner The result of the vote was announced Gordon McHugh Simpson Frank Luther Sessions as above recorded. Goss McInnis Skeen Frelinghuysen Maloney (CT) Shadegg Graham McIntyre Skelton Frost Maloney (NY) Shaw The SPEAKER pro tempore (Mr. Granger McKeon Slaughter Gallegly Manzullo Shays LATOURETTE). The question is on the Graves Meehan Smith (MI) Ganske Markey Sherman resolution. Green (TX) Meeks (NY) Smith (NJ) Gekas Mascara Sherwood The question was taken; and the Green (WI) Menendez Smith (TX) Gibbons Matheson Shimkus Grucci Mica Snyder Gilchrest Matsui Shows Speaker pro tempore announced that Gutknecht Millender- Solis Gillmor McCarthy (MO) Shuster the ayes appeared to have it. Hall (OH) McDonald Souder Gilman McCarthy (NY) Simmons RECORDED VOTE Hall (TX) Miller, Dan Stark Gonzalez McCollum Simpson Hansen Miller, Gary Stearns Goode McCrery Skeen Mr. HASTINGS of Florida. Mr. Harman Miller, Jeff Strickland Goodlatte McDermott Skelton Speaker, I demand a recorded vote. Hart Mink Stump Gordon McHugh Smith (MI) A recorded vote was ordered. Hastings (WA) Mollohan Stupak Goss McInnis Smith (NJ) Hayes Moore Sullivan Graham McIntyre Smith (TX) The SPEAKER pro tempore. This Hayworth Moran (KS) Sununu Granger McKeon Snyder will be a 5-minute vote, followed by a 5- Hefley Moran (VA) Sweeney Graves Meehan Solis Herger Morella Tanner Green (TX) Meeks (NY) Souder minute vote on adoption of the Jour- Hill Murtha Tauscher Green (WI) Menendez Stearns nal. Hilleary Myrick Tauzin Greenwood Mica Stenholm The vote was taken by electronic de- Hilliard Nadler Taylor (NC) Grucci Millender- Strickland vice, and there were—ayes 388, noes 34, Hinojosa Napolitano Terry Gutknecht McDonald Stump Hobson Neal Thomas Hall (OH) Miller, Dan Stupak not voting 12, as follows: Hoeffel Nethercutt Thompson (CA) Hall (TX) Miller, Gary Sullivan [Roll No. 112] Hoekstra Ney Thompson (MS) Hansen Miller, Jeff Sununu Holden Northup Thune Harman Mollohan Sweeney AYES—388 Hooley Norwood Thurman Hart Moore Tancredo Abercrombie Bonilla Clayton Nussle Tiahrt Hastings (WA) Moran (KS) Tanner Ackerman Bonior Clement Horn Hayes Moran (VA) Tauscher Aderholt Bono Clyburn Hostettler Oberstar Tiberi Hayworth Morella Tauzin Akin Boozman Coble Houghton Obey Tierney Hefley Murtha Taylor (MS) Allen Borski Collins Hoyer Ortiz Toomey Herger Myrick Taylor (NC) Andrews Boswell Combest Hunter Osborne Towns Hill Nadler Terry Armey Boucher Conyers Hyde Ose Turner Hilleary Napolitano Thomas Baca Boyd Cooksey Inslee Otter Udall (CO) Hilliard Neal Thompson (CA) Bachus Brady (PA) Cox Isakson Owens Udall (NM) Hinojosa Nethercutt Thompson (MS) Baird Brady (TX) Coyne Israel Oxley Upton Hobson Ney Thornberry Baker Brown (FL) Cramer Issa Pallone Velazquez Hoeffel Northup Thune Baldwin Brown (OH) Crane Istook Pascrell Visclosky Hoekstra Norwood Thurman Ballenger Brown (SC) Crenshaw Jackson (IL) Pastor Vitter Holden Nussle Tiahrt Barcia Bryant Crowley Jackson-Lee Paul Walden Hooley Oberstar Tiberi Barr Burr Cubin (TX) Payne Walsh Horn Obey Tierney Barrett Burton Culberson Jefferson Pelosi Wamp Hostettler Ortiz Toomey Bartlett Buyer Cummings Jenkins Pence Watkins (OK) Houghton Osborne Towns Barton Callahan Cunningham John Peterson (MN) Watts (OK) Hoyer Ose Turner Bass Calvert Davis (CA) Johnson (CT) Peterson (PA) Waxman Hunter Otter Udall (CO) Becerra Camp Davis (FL) Johnson (IL) Petri Weiner Hyde Oxley Udall (NM) Bentsen Cannon Davis (IL) Johnson, E. B. Phelps Weldon (FL) Inslee Pascrell Upton Bereuter Cantor Davis, Jo Ann Johnson, Sam Pickering Weldon (PA) Isakson Pastor Velazquez Berkley Capito Davis, Tom Jones (NC) Pitts Whitfield Israel Paul Visclosky Berman Capps Deal Jones (OH) Platts Wicker Issa Pelosi Vitter Berry Capuano DeFazio Kanjorski Pombo Wilson (NM) Istook Pence Walden Biggert Cardin DeGette Kaptur Pomeroy Wilson (SC) Jackson (IL) Peterson (MN) Walsh Bilirakis Carson (IN) Delahunt Keller Price (NC) Wolf Jackson-Lee Peterson (PA) Wamp Bishop Carson (OK) DeLauro Kelly Pryce (OH) Woolsey (TX) Petri Watkins (OK) Blumenauer Castle DeLay Kennedy (MN) Putnam Wu Jefferson Phelps Watson (CA) Blunt Chabot DeMint Kennedy (RI) Quinn Wynn Jenkins Pickering Watts (OK) Boehlert Chambliss Diaz-Balart Kerns Radanovich Young (AK) John Pitts Waxman Boehner Clay Dicks Kildee Rahall Young (FL) H1632 CONGRESSIONAL RECORD — HOUSE April 25, 2002 NOES—34 Ferguson Lantos Riley McNulty Sabo Velazquez Flake Larson (CT) Rivers Miller, George Sanchez Visclosky Condit Kolbe Schaffer Fletcher Latham Roemer Moore Schaffer Waters Costello Kucinich Schakowsky Foley LaTourette Rogers (KY) Moran (KS) Stark Watson (CA) Deutsch Lee Stenholm Forbes Lee Rogers (MI) Oberstar Stupak Watt (NC) Farr Lofgren Tancredo Ford Levin Rohrabacher Olver Taylor (MS) Weller Filner McGovern Taylor (MS) Frank Lewis (CA) Ros-Lehtinen Pallone Thompson (CA) Wicker Frank McKinney Thornberry Frelinghuysen Lewis (GA) Ross Peterson (MN) Thompson (MS) Wu Greenwood McNulty Waters Frost Lewis (KY) Rothman Ramstad Udall (NM) Gutierrez Meek (FL) Watson (CA) Gallegly Lipinski Roukema Hastings (FL) Miller, George Watt (NC) Ganske LoBiondo Roybal-Allard ANSWERED ‘‘PRESENT’’—1 Hinchey Olver Wexler Gekas Lofgren Royce Tancredo Honda Sanchez Gephardt Lowey Rush Kilpatrick Sanders Gibbons Lucas (KY) Ryan (WI) NOT VOTING—14 NOT VOTING—12 Gilchrest Lucas (OK) Ryun (KS) Baldacci English Rangel Gilman Luther Sanders Ballenger Holt Baldacci Leach Smith (WA) Rodriguez Gonzalez Lynch Sandlin Blagojevich Hulshof Blagojevich Portman Spratt Smith (WA) Goode Maloney (CT) Sawyer Bonilla Leach Holt Rangel Traficant Traficant Goodlatte Maloney (NY) Saxton Clayton Linder Hulshof Rodriguez Weller Gordon Manzullo Schakowsky Goss Markey Schiff b 1152 b 1143 Graham Mascara Schrock So the Journal was approved. Mr. DEUTSCH changed his vote from Granger Matheson Scott Graves Matsui Sensenbrenner The result of the vote was announced ‘‘aye’’ to ‘‘no.’’ Green (TX) McCarthy (MO) Serrano as above recorded. So the resolution was agreed to. Green (WI) McCarthy (NY) Sessions The result of the vote was announced Greenwood McCollum Shadegg f Grucci McCrery Shaw as above recorded. Gutierrez McGovern Shays GENERAL LEAVE A motion to reconsider was laid on Hall (OH) McHugh Sherman Mr. SENSENBRENNER. Mr. Speak- Hall (TX) McInnis Sherwood the table. er, I ask unanimous consent that all Stated for: Hansen McIntyre Shimkus Harman McKeon Shows Members may have 5 legislative days Mr. PORTMAN. Mr. Speaker, on rollcall No. Hart McKinney Shuster within which to revise and extend their 112, I was unavoidably detained. Had I been Hastings (FL) Meehan Simmons remarks and to include extraneous ma- present, I would have voted ‘‘aye.’’ Hastings (WA) Meek (FL) Simpson Hayes Meeks (NY) Skeen terial on the bill, H.R. 3231. f Hayworth Menendez Skelton The SPEAKER pro tempore (Mr. Herger Mica Slaughter LAHOOD). Is there objection to the re- THE JOURNAL Hill Millender- Smith (MI) Hilleary McDonald Smith (NJ) quest of the gentleman from Wis- The SPEAKER pro tempore. Pursu- Hinchey Miller, Dan Smith (TX) consin? ant to clause 8 of rule XX, the pending Hinojosa Miller, Gary Snyder There was no objection. business is the question of the Speak- Hobson Miller, Jeff Solis Hoeffel Mink Souder f er’s approval of the Journal of the last Hoekstra Mollohan Spratt day’s proceedings. Holden Moran (VA) Stearns BARBARA JORDAN IMMIGRATION The question was taken; and the Honda Morella Stenholm REFORM AND ACCOUNTABILITY Speaker pro tempore announced that Hooley Murtha Strickland ACT OF 2002 Horn Myrick Stump the ayes appeared to have it. Hostettler Nadler Sullivan The SPEAKER pro tempore. Pursu- RECORDED VOTE Houghton Napolitano Sununu ant to House Resolution 396 and rule Hoyer Neal Sweeney XVIII, the Chair declares the House in Mr. MCNULTY. Mr. Speaker, I de- Hunter Nethercutt Tanner mand a recorded vote. Hyde Ney Tauscher the Committee of the Whole House on A recorded vote was ordered. Inslee Northup Tauzin the State of the Union for the consider- The vote was taken by electronic de- Isakson Norwood Taylor (NC) ation of the bill, H.R. 3231. Israel Nussle Terry vice, and there were—ayes 372, noes 47, Issa Obey Thomas b 1152 answered ‘‘present’’ 1, not voting 14, as Istook Ortiz Thornberry follows: Jackson (IL) Osborne Thune IN THE COMMITTEE OF THE WHOLE Jackson-Lee Ose Thurman Accordingly, the House resolved [Roll No. 113] Tiahrt (TX) Otter itself into the Committee of the Whole AYES—372 Jefferson Owens Tiberi Jenkins Oxley Tierney House on the State of the Union for the Abercrombie Brown (OH) Cummings John Pascrell Toomey Ackerman Brown (SC) Cunningham consideration of the bill (H.R. 3231) to Johnson (CT) Pastor Towns replace the Immigration and Natu- Akin Bryant Davis (CA) Johnson (IL) Paul Turner Allen Burr Davis (FL) Johnson, Sam Payne Udall (CO) ralization Service with the Agency for Andrews Burton Davis (IL) Jones (NC) Pelosi Upton Immigration Affairs, and for other pur- Armey Buyer Davis, Jo Ann Jones (OH) Pence Vitter poses, with Mr. LATOURETTE in the Baca Callahan Davis, Tom Kanjorski Peterson (PA) Walden Bachus Calvert Deal Kaptur Petri Walsh chair. Baker Camp DeGette Keller Phelps Wamp The Clerk read the title of the bill. Barcia Cannon Delahunt Kelly Pickering Watkins (OK) Barr Cantor DeLauro The CHAIRMAN. Pursuant to the Kennedy (RI) Pitts Watts (OK) rule, the bill is considered as having Barrett Capito DeLay Kerns Platts Waxman Bartlett Capps DeMint Kildee Pombo Weiner been read the first time. Barton Cardin Deutsch Kilpatrick Pomeroy Weldon (FL) Under the rule, the gentleman from Bass Carson (IN) Diaz-Balart Kind (WI) Portman Weldon (PA) Wisconsin (Mr. SENSENBRENNER) and Becerra Carson (OK) Dicks King (NY) Price (NC) Wexler Bentsen Castle Dingell Kingston Pryce (OH) Whitfield the gentleman from Michigan (Mr. Bereuter Chabot Doggett Kirk Putnam Wilson (NM) CONYERS) each will control 30 minutes. Berkley Chambliss Dooley Kleczka Quinn Wilson (SC) The Chair recognizes the gentleman Berman Clay Doolittle Knollenberg Radanovich Wolf from Wisconsin (Mr. SENSENBRENNER). Berry Clement Doyle Kolbe Rahall Woolsey Biggert Clyburn Dreier LaFalce Regula Wynn Mr. SENSENBRENNER. Mr. Chair- Bilirakis Coble Duncan LaHood Rehberg Young (AK) man, I yield myself 7 minutes. Bishop Collins Dunn Lampson Reyes Young (FL) Mr. Chairman, it is beyond time to Blumenauer Combest Edwards Langevin Reynolds Blunt Condit Ehlers restructure one of the worst-run agen- Boehlert Conyers Ehrlich NOES—47 cies in the Federal Government, the Boehner Cooksey Emerson Bonior Cox Engel Aderholt Costello Hefley Immigration and Naturalization Serv- Bono Coyne Eshoo Baird Crane Hilliard ice. The INS has long been considered Boozman Cramer Etheridge Baldwin DeFazio Johnson, E. B. the undesirable and unwanted stepchild Boswell Crenshaw Evans Borski Filner Kennedy (MN) of the Justice Department. It carries Boucher Crowley Everett Brady (PA) Fossella Kucinich Boyd Cubin Farr Brown (FL) Gillmor Larsen (WA) out neither of its crucial missions well, Brady (TX) Culberson Fattah Capuano Gutknecht McDermott enforcing our immigration laws and April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1633 providing services to immigrants play- taken on a card like this. Now, for le- somebody to come and make the case ing by the rules. gitimate law enforcement reasons, fin- against this bill and to try to put in Today, we must stop being enablers, gerprints are only valid for 15 months. perspective what we are trying to do. stop giving more and more money to However, when the INS takes years to Mr. Chairman, I have heard through- an agency as a reward for squandering process a petition, a prospective immi- out the debate on the rule and even the the money we gave it the year before. grant must take off work multiple beginnings of the debate on the bill We must practice tough love and abol- times and often go out of the way to a some claims about what this bill will ish the INS. fingerprinting center, two more cards. do, which I think are gross overstate- In its place, we need to create two Even apart from the INS’ slow-paced ments and exaggerations. One of those separate immigration bureaus in the processing, very often they lose the fin- during the rule debates, somebody Justice Department, a Bureau of Immi- gerprints. And guess what? The alien came and said that this bill would do gration Enforcement and a Bureau of has to have his fingerprints retaken. something to keep Mohammed Atta Citizen and Immigration Services. This Here is strike four. from going to flight school in this is what the Barbara Jordan Immigra- This bill creates a new Bureau of country. I just think that is a gross ex- tion Reform and Accountability Act of Citizenship and Immigration Services, aggeration and the public should not be 2002 is all about. headed by a professional in adjudi- expecting magic from this bill. I heard somebody say that this is a I am proud of the work of the Com- cating government benefits. It will Democratic bill. My response to that is mittee on the Judiciary in crafting this have the sole mission of adjudicating that immigration policy is neither legislation on a cooperative and bipar- and providing benefits to aliens. The Democratic nor Republican. We should tisan basis. Bureau will bring the attention, the Barbara Jordan, our distinguished be trying to do what is in the best in- independence, and the budget to the former colleague, chaired the U.S. terest of the public, and this should not immigration service issues that have Commission on Immigration Reform. be about politics. I have heard people been neglected far too long. The Commission came to the conclu- say that this bill will make immigra- The bill also creates an Office of the sion that the INS suffers from institu- tion services and enforcement more ef- Ombudsman, independent of the serv- tional schizophrenia, or mission over- ficient. And I have some very, very se- ice bureau. Currently, when aliens and load. It explained that the INS must rious reservations about that. In fact, I their attorneys reach their wit’s end give equal weight to more priorities believe the bill could make matters than any one agency can handle. Such with the INS, they approach their Rep- substantially worse, and I think we a system is set up for failure, and with resentatives and Senators for help. My need to spend some time talking about such failure, a loss of public con- district caseworkers spend more time that. fidence. dealing with the INS than with any This bill divides administration and That is exactly what has happened. other Federal agency, including the enforcement into two separate bureaus. The public no longer has faith in the IRS. Thankfully, my staff and those of The INS historically has been all INS. The public is right, and this bill all of the Members can often help im- under, and immigration has been all abolishes this agency. migrant constituents, but immigrants under, one agency in the Department Some say INS stands for ‘‘ignoring need an effective advocate within the of Justice. This bill would divide it national security.’’ It is hard to argue bureaucracy so they do not come to into two separate bureaus. What ex- with that. There are at least 8 million their Representatives’ offices in the actly does that mean? It means, first of illegal aliens living in the United first place. The Office of the Ombuds- all, that you have got to have records, States, according to the Census Bu- man will be that advocate. It will have and those records have to be housed reau. Over 300,000 criminal and deport- the duty of recommending better oper- somewhere. Right now they are housed able aliens who have been ordered de- ating methods for the Bureau and mon- within the INS. I am not sure where ported, and removed by immigration itoring its performance. they will get housed in this new two- judges, have absconded and the INS The Office of the Ombudsman will headed monster. Right now this agency does not have the slightest idea where help infuse accountability into the im- is perhaps the worst agency in Amer- they are. migration bureaucracy. ica, in the Federal Government. It is Mohammed Atta became a household The two bureaus created by this bill still using paper records in an elec- name after September 11 to everyone will have their own set of offices to tronic age. But the notion that some- but those in the INS, which approved focus on and carry out their respective how dividing the agency into two sepa- Atta’s visa to attend flight school long missions, including policy and budget rate bureaus is going to solve that is after he had completed it, and 6 shops. The bill also creates within the beyond me. I just do not understand months after he hijacked a plane, flew Justice Department an Associate At- that. You have got one inefficient, un- it into the World Trade Center, and torney General for Immigration Affairs productive INS now. It seems to me killed thousands of people of various to oversee and to supervise the bureaus that what you are going to end up with nationalities. and to coordinate the administration is two inefficient agencies at the end of This bill creates a new Bureau of Im- of national immigration policy. This the day once this bill is passed. migration Enforcement, headed by a will elevate immigration issues to the What does that do to communica- law enforcement professional and fo- level they deserve. tions? At least within this body we can cused singly on crafting and carrying I urge my colleagues to support this stand here on the floor and talk to out policies to enforce our immigration bipartisan, commonsense bill. It will each other. Imagine if half of our body laws and keep Americans safe from ter- result in true immigration reform, bet- was in the Senate and half was on this rorists, criminals, and other aliens who ter service, better security, and it is side, would that, in fact, improve com- wish to do us harm. National security long overdue. munications? I do not think so. They will be given the attention it deserves. Mr. Chairman, I reserve the balance say, well this is all about funding. Others say INS stands for ‘‘incom- of my time. Well, I have spent some time under sep- petent and negligent service.’’ It would arate and unequal. It seems to me at be hard to argue with them, either. The b 1200 that point what is happening now even agency had a backlog of almost 5 mil- Mr. CONYERS. Mr. Chairman, I yield in the existing INS is that enforcement lion applications and petitions at the 10 minutes to the able gentleman from is getting disproportionate amounts of end of fiscal year 2001. It takes the INS North Carolina (Mr. WATT), a member money. Administration is not getting years to adjudicate a green card appli- of the Committee on the Judiciary. enough money, and now you are set- cation. It takes years for a naturaliza- Mr. WATT of North Carolina. Mr. ting up a system where that can be for- tion applicant to become a U.S. citizen, Chairman, I thank the gentleman from malized; and I guarantee you at the and during this time, lawful immi- Michigan (Mr. CONYERS) for yielding end of the day enforcement will always grants trying to play by the rules must me time. I assure him that I will try get the bulk of the money. Administra- live in a state of purgatory. not to take the entire 10 minutes that tion will still be inefficient, and it still Let me give one example. Green card he has granted to me for this purpose. will not help make this a better agen- applicants must have their fingerprints But I did think it was important for cy. H1634 CONGRESSIONAL RECORD — HOUSE April 25, 2002 The INS is inefficient. It is probably taken care of. And I cannot agree with the people in our country. Better serv- the most inefficient government agen- my colleague, the gentleman from ice is one of the indicators in the new cy in America. But moving it down the North Carolina (Mr. WATT), more, that structure that we are putting into hall and making it a two-headed mon- dividing an ineffective agency into two place. ster will not make the agency more ef- does not make it a whole or well, and At the same time, we are providing ficient. It will make it arguably less ef- putting Ms. Jordan’s name on it does better security because the law en- ficient. Will the lines at INS be any not help. Her name was not snatched forcement pillar of this new structure shorter? No. It just means you will up from the rolls of ex-Members. She will focus, will concentrate, will make have to go to a different place to stand conducted the study upon which this sure that the workings of that arm of in line. You will be standing in line in bill is built. Immigration and Naturalization Serv- some agency in the Justice Depart- If any of us are interested in why this ice will be so concentrated that we will ment rather than standing in line in bill was named after our colleague that see stronger border efforts at keeping some agency at something called the formerly served on the Committee on illegals out, better screening of all of Immigration and Naturalization Serv- the Judiciary, it is because she was ap- those who enter our country, and con- ice. pointed by the President to make a trolling of the now illegal portion of Now, let me tell you, perhaps the big- study. the populace insofar as deportation. gest problem that I have with this bill Mr. Chairman, I reserve the balance So now we have in front of us a po- is that at the end of the day everybody of my time. tential new system in which we can who supports it is going to go home to Mr. SENSENBRENNER. Mr. Chair- place our full efforts to make it work. their congressional districts and tell man, I yield 4 minutes to the gen- And that is why we are taking the America that we did something. We did tleman from Pennsylvania (Mr. chance, but it is a calculated chance on something. Well, you did something. GEKAS), the chairman of the Sub- taking two structures and having them Maybe that is what you have done to committee on Immigration and Claims fold within themselves, extra effort to keep the dissent down because we have of the Committee on the Judiciary. make immigration and naturalization not heard any dissent about this bill. Mr. GEKAS. Mr. Chairman, I thank work. People are frustrated. Yes, they are the gentleman for yielding me time. Mr. CONYERS. Mr. Chairman, I yield frustrated because the INS is ineffi- Mr. Chairman, everyone in the coun- 6 minutes to the gentlewoman from cient. And you are telling people, yes, try knows that the status quo in the California (Ms. LOFGREN), who has we are going to do something. But Immigration and Naturalization Serv- worked hard on this matter. what does this bill do? It does not do ice cannot be maintained. We must (Ms. LOFGREN asked and was given anything. All it does is take an ineffi- change it. We were taking a bold step permission to revise and extend her re- cient agency and make it two ineffi- today consistent with other studies marks.) cient agencies. And let me tell you and other precedents set that will take Ms. LOFGREN. Mr. Chairman, I do that putting Barbara Jordan’s name on us down a path in which reform will not think there is anybody in the this bill will not make it a good bill. It really be possible within the purview of House, or for that matter in the coun- does not make it a good bill. You can- the Immigration and Naturalization try, who disagrees with the proposition not take a bad bill, give it a different Service. that this is an agency that is a mess. If name, and all of the sudden say that I remember just like it was yesterday we took a poll probably it would win as you have got a good work product. during the campaign of the year 2000 the worst Federal agency. It might That does not work. where then-Governor George Bush of have some competition from the Bu- Doing something even if it is wrong Texas, the candidate for President, ac- reau of Indian Affairs, but it is prob- is not in the public interest. And we tually proposed that if he should be- ably the worst Federal agency. The can go home and tell America that we come President he would move towards question is what to do about it. I voted have solved America’s immigration placing on his agenda the restructuring against this bill because I fear that al- problems. We have created an agency of the Immigration and Naturalization though there is no question that the that will solve the problems with im- Service. Soon after the election then, authors and proponent have complete migration and the problems with Mo- many members, including the chair- sincerity and have worked hard to fix hammed Atta and all of the things, at man and myself, began the work of re- the problem, I fear that some of the de- the end of the day this bill does noth- structuring the INS pursuant to what tails in this bill may actually have the ing. And we are doing a disservice to we felt was a move on the part of the effect of making things worse. Some of side-step the issue rather than facing it new President based on, as was indi- the things that concern me, and in this and dealing with it forthrightly within cated, Barbara Jordan’s commission case the details do very much matter, the agency that currently exists. recommendations and lo and behold is the new Associate Attorney General I know that the rest of this debate today we are poised ready to put into that the bill creates to replace the cur- will be about how great this bill is. But practice what we have been preaching rent commissioner. we need to search our souls in this since the President began his move- Now, there is broad agreement that body. Is this about politics? Is it about ment towards new formation in the Im- the enforcement and so-called benefits being able to go home and tell America migration and Naturalization Service. division would benefit from some sepa- that we have done something sub- The beautiful part to me is, and one ration, that there would be value in stantive to solve the immigration prob- of the most attractive features of the having some focus in each of those ac- lems in this country, to solve the inef- new structure is, that we are going to tivities. After that is where we get the ficiencies in this agency, or have we be providing under this better service, problem. Under the bill, the new Asso- just transferred the problem down the better service in that portion of the ciate Attorney General actually has a hall? I believe that is what this bill Immigration and Naturalization Serv- higher position than the current com- does, and I plan to vote against it for ice that deals with new immigrants, missioner, but unfortunately does not that reason. and the process by which a new immi- have very much authority. Mr. CONYERS. Mr. Chairman, I yield grant becomes an American citizen. b 1215 myself 11⁄4 minutes. For the first time, the first time I re- First of all, I want to thank my col- peat, we are elevating the art of citi- He does not have line authority over league for his very sobering interactive zenship to a new level to make it the two new bureaus that would be cre- examination of this bill. It pains me known to the people seeking citizen- ated, and I think that is a serious prob- that we are not on the same side, but I ship that this is an important, vitally lem when we are looking to a strong promise to work with him to make it important and valuable step that they management to fix the problems that as effective as we can. I remind him are seeing. So by the time they come are in this agency. and all of our colleagues that this is to take the oath of citizenship, they Furthermore, I think there is a prob- the administrative part, the process are really eager new Americans ready lem with the criteria that is within the part of the legislation towards INS. to take their part in our structure in bill for the selection of the new bureau This is not the substantive issues being our society for the betterment of all chiefs; and I will just point out one April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1635 concern I have, which is the bureau nology is available off the shelf, we zenship, but unfortunately too many chief for the new benefits division is re- have got the creation of microfiche and applicants have been let down by this quired to be someone with 10 years of paper files. We have not implemented system. Federal benefit processing experience. technology that is really necessary to Simply put, and I have said it a hun- That is a recipe to say we have got to get beyond the current state in this dred times, the INS is the worst-run have a bureaucrat, a long-term Federal agency, and frankly I do not think agency in the United States Govern- bureaucrat head up this agency. And I there is the management capacity to ment. Its missions are inherently con- would argue that the people who are in even understand what technology is re- flicted. On the one hand, they are to that role are the problem, they are not quired in the agency. punish those who violate the law, but the solution. So I have a concern that I am hopeful that as this process on the other hand they are supposed to we will end up regretting that provi- moves forward, we will be able to ad- help people achieve the rights and sion of this act. dress the issues that I have raised privileges that our country affords I also have a concern about the struc- today, and I thank the chairman and them. In many cases, we are talking ture that will be embedded in law the ranking member for their very sin- about the same people. This causes about the field office. One of the con- cere and diligent efforts to reform this confusion, frustration, not only among cerns that all of us who have worked agency. Although I disagree on some the rank-and-file employees, but the with the Immigration Service have had components, I do recognize that they immigrants themselves. over the years is the fiefdoms that care a great deal about this, and I It may be Congress’ ultimate failure exist in field offices throughout the honor them for their work. in creating such a convoluted system, United States. If someone goes to an Mr. SENSENBRENNER. Mr. Chair- but we stand here before the House office on the West Coast and they go to man, I yield 6 minutes to the gen- today, determined to fix it once and for an office in the Midwest, they will get tleman from Kentucky (Mr. ROGERS), all. a different ruling on what the law is. who as chairman of the Committee on The answer is not more money. We That is ridiculous, but that is the way Appropriations, Subcommittee on have poured money on this agency and the Immigration Service is currently Commerce, Justice, State and Judici- agreed to its pleas and justifications. organized. It needs to be changed, and ary, has been a leader in reforming the The INS budget has grown over 300 per- passage of this act will prevent that INS. cent in just the last 8 years, from a change from occurring. Mr. ROGERS of Kentucky. Mr. Chair- level of $1.58 billion in 1994 to today’s The Office of Children’s Services I man, I thank the gentleman for yield- level of $5.5 billion. In fact, the INS ac- think is a step forward under current ing me this time and for his comment. count now consumes over 23 percent of This is a day that I have long waited law, but it does not go as far as the bill the entire Department of Justice budg- for as have many others in this body that has been introduced by Senator et. EINSTEIN in the other body, and my- and, more importantly, around the F The answer is not more staffing for self on this side, and I hope that we country, and I am very pleased and border control. We have increased bor- could go further than is encompassed honored to support the Barbara Jordan der patrol agents dramatically, from in this bill. bill. This has been a long, long road, 3,900 in 1993 to over 10,000 authorized Finally, I believe that the issue of but with the leadership of the gen- positions today, and despite our gen- management really does need to be ad- tleman from Wisconsin (Mr. SENSEN- erosity, INS over the years failed to dressed in this bill. I had several BRENNER), we have come together and completely hire the full number of amendments offered in committee that crafted I think an excellent bill worthy agents funded by the Congress, divert- were withdrawn to avoid a sequential of this Chamber’s support. And I deeply ing the money to other things. referral to another committee, but if appreciate the time, the effort, the we look at the culture that has grown dedication to this cause that the gen- Simply put, INS has been unable to effectively control the borders and has within this agency, we have got middle tleman from Wisconsin (Mr. SENSEN- no strategy to remove people who over- managers who have been there for BRENNER) has invested in bringing this years. They know they are going to be legislation forward. He should be com- stay their limited visas. The only an- there after the Commissioner or the mended by all of us. swer to this agency, I have come to Associate Attorney General, whoever it This bill differs a little from the re- conclude, is to simply abolish it, dis- is, is gone. form bill that I had pending for a few mantle, start over, and this bill We need to clean house in the man- years along with the gentleman from achieves that by separating these con- agement ranks. We have in the man- Texas (Mr. REYES) and the gentleman flicted missions of the INS. ager’s amendment a pilot project that from Texas (Mr. SMITH), but it is a The new Bureau of Citizenship and will help us do that, but we also need good bill. It goes, I think, 90 percent of Immigration Service and the new Bu- to give the Commissioner or the Asso- the way that we need to go. reau of Immigration Enforcement will ciate Attorney General real authority Mr. Chairman, the bill before the keep to their tasks and focus solely on to select new management from the House is an essential piece of legisla- their respective specialties, ultimately private sector without regard to the at- tion. It will bring some accountability providing for the common good of the tenuated process that we face today. to this immigration system, and re- Nation. And, as has been said, a new We need to clean house, and we have forming and reorganizing the INS has Associate Attorney General will be cre- not in this bill given the tools nec- been an issue near and dear to my ated, giving immigration affairs the essary to completely clean house in the heart as well as many others. Having full credit and importance it deserves management ranks; and I am not talk- taken on the chore myself several within the Justice hierarchy. This leg- ing about the rank and file, but the years ago in the appropriations sub- islation will help secure the homeland management. committee that funds the INS on which and bring sanity to our immigration Finally, we have an amendment I I have served some 19 years, including system. will discuss when it comes up, but an 6 as chairman, we have all seen first- The legacy left behind by INS is not amendment to assist with the procure- hand the harm this agency has caused a pretty picture: 8 million illegal ment of technology, because in addi- to our citizens because of its dysfunc- aliens, some 40 percent, 2.8 million, tion to management weakness in the tion and ineptitude. being illegal overstays of certified agency and in the middle management We have seen it on the enforcement visas that came here legally; a backlog ranks, this is an agency that is in the side where tens of thousands of illegal of 5 million unadjudicated petitions for dark ages technologically. aliens storm our borders every year, immigration benefits. I was interested in the comments and we have seen it on the service side The citizenship U.S.A. debacle where made by the chairman about the fin- where backlogs and mismanagement thousands of individuals with criminal gerprints. He is absolutely right. It is have left legitimate applicants waiting records were naturalized as citizens be- just crazy that we have people come in in line for years. I believe there is no cause the INS told the FBI we do not over and over and over again. The rea- greater privilege that this Nation can need the background checks, we will son for that is, although the tech- bestow on anyone than American citi- just go ahead and make them citizens. H1636 CONGRESSIONAL RECORD — HOUSE April 25, 2002 The IDENT malfunction. INS spent We need to do more than shuffle boxes agency in the name of reform over the $68 million on a failed alien identifica- if we are going to reform the INS. last several years. On a regular basis, tion system that resulted in the Border Let me just say that I am today not my district offices received more com- Patrol’s releasing serial killer Rafael piling on. I have a vested interest in plaints for help on immigration issues Resendez-Ramirez, who was on the the INS. I spent more than 26 years than on health care issues or Social Se- FBI’s 10 most wanted list, had criminal with the INS and I want to see our Im- curity issues combined. and State prison records, and had been migration Service properly serve our Other congressional offices have deported by the INS three different country like I know that it can. I want found that the complaints about the times. They let him loose. to see this conflicted, struggling agen- INS outnumbered IRS complaints six Mr. Chairman, I urge the adoption of cy elevated in stature as it is the Sen- to one. That is hard to believe. Every- this bill. This is the way we need to go. senbrenner bill so that it will receive one expects that we are going to get Do away with an agency that cannot the kind of attention and support that calls about the IRS, but the INS? Six handle the mission we have given to it. it deserves. A well-functioning immi- to one. Backlogs are the issue, undocu- Mr. CONYERS. Mr. Chairman, I am gration system is critical to our na- mented aliens are the issue, expired pleased to yield 31⁄2 minutes to the gen- tional security. visas are the issue. In fact, everything tleman from Texas (Mr. REYES), the I have advocated for restructuring is the issue. Chair of the Hispanic Caucus, who him- since I first arrived in Congress a little Still, it seems that the problems our self has worked in this area, has intro- more than 5 years ago. I introduced constituents face are not unique re- duced legislation, worked with the Ju- two bills and have cosponsored many garding this troubled agency. It is just diciary Committee many times. other restructuring bills with my col- a troubled agency. In fact, the problem Mr. REYES. Mr. Chairman, I thank leagues from both sides of the aisle. I goes beyond the everyday operations of the gentleman from Michigan for yield- believe that INS needs a legislative the INS and, as we know, has now risen ing me the time, and I want to thank remedy, not the shuffling of boxes that to the level of national security. both the gentleman from Wisconsin is currently being proposed from with- The INS currently has a massive (Mr. SENSENBRENNER) and the gen- in INS again. backlog. The recent approval of visa tleman from Michigan (Mr. CONYERS) I strongly support restructuring the extensions for two of the deceased Sep- for their commitment to drafting a bi- INS as a first step in the recovery of tember 11 hijackers only serves to partisan bill that addresses the many our national immigration system. highlight the severe nature of this needs of our immigration system. After we restructure and place com- problem. Therefore, I rise in strong support of petent and experienced people at the At the end of fiscal year 2001, the INS the Barbara Jordan Immigration Re- head of each bureau, they must sur- had a backlog of 4.9 million applica- form Act. round themselves with experts and tions. That is 4.9 million people. That The chairman and the ranking mem- they must listen. is a lot larger than a number of a dozen ber are to be commended for working congressional districts put together. b 1230 together and bringing a great bill to That is a lot of people. That is a lot of the House floor. As we discuss the issue I believe that the new bureau should applications. These numbers represent of INS restructuring today, it is impor- follow the FBI model and surround the families and hardworking individuals tant to distinguish between the men head of the bureau with experienced who are being torn apart because of and women in the field and the bu- field personnel. these ridiculous administrative delays. reaucracy at INS headquarters when Congress must remain committed to Numerous commissions, notably the we talk about restructuring INS. these new bureaus and the new Asso- Commission on Immigration Reform, INS headquarters has failed the peo- ciate Attorney General more than ever chaired by the late Barbara Jordan, ple who work for them more than any- to ensure the success of our national have reviewed the INS and most agree one else. As a former border patrol immigration system. This bill includes the major problem is mission overload. agent, INS inspector, and chief patrol language stressing equally important The INS is tasked with dual missions. agent, I know about the sense of duty roles of the immigration service’s bu- It is imperative that we support this to one’s country and the pride in a job reau and the enforcement bureau and INS reform. It separates the missions, well done that the people who wear the includes a sense of Congress that both and it will be a real reform. INS uniform are committed to doing bureaus must be adequately funded. The AIA will consist of two separate bu- today. It is for the men and women in Finally, Mr. Chairman, to my former reaus—the Bureau of Citizenship and Immi- the field that we must restructure this colleagues in INS, I say to you that gration Services and the Bureau for Immigra- agency. this bill expresses a commitment from tion Enforcement. There is no escaping the fact that a grateful Congress to provide you with The Bureau of Citizenship and Immigration INS is failing. Even those very reluc- the tools and the kind of organiza- Services will work to improve (1) effective- tant to restructure the INS just a year tional structure that will make a ness, (2) response time and (3) service to im- ago are now advocating this same meaningful difference in your everyday migrants. change. The bill we are debating today duties and work. The Bureau for Immigration Enforcement is the type of change we need. This Mr. SENSENBRENNER. Mr. Chair- will solely focus on immigration security, en- change is more dramatic and effective man, may we find out how much time suring it receives the level of attention and de- than the White House plan which has is remaining on both sides. tail that it requires. changed again since the events sur- The CHAIRMAN. The gentleman Separating the two bureaus will ensure a rounding the student visa debacle of a from Wisconsin (Mr. SENSENBRENNER) proper focus and resource allocation to each month ago. has 141⁄2 minutes and the gentleman mission. It will relieve the problem of having Late yesterday the White House en- from Michigan (Mr. CONYERS) has 111⁄2 an agency with conflicting missions. dorsed this bill with conditions, ex- minutes remaining. In addition, the legislation creates an Asso- pressing concern with some of the com- Mr. SENSENBRENNER. Mr. Chair- ciate Attorney General for Immigration. This ponents of this bill. From my perspec- man, I yield 2 minutes to the gentle- new position answers directly to the Attorney tive, it is time for the White House to woman from Pennsylvania (Ms. HART). General and ensures that immigration policy is get engaged and support this bill with- Ms. HART. Mr. Chairman, I thank given proper attention. The Associate Attorney out any restrictions. the gentleman for yielding me this General oversees the work of each bureau, I have seen more than five INS re- time, and I rise in support of this im- supervises the bureaus directors, coordinates structuring proposals from the Demo- migration reform. It is a long overdue the administration of national policy and rec- cratic and Republican administrations immigration reform. This, however, is onciles conflicting policies. since I have been in Congress, and the one reform that will work. Finally, the legislation addresses many of countless others during my 26 years The INS has a well-documented his- the problems with processing applications. with INS. They all failed because cook- tory of being an unworkable bureauc- First, the bill authorizes funding to process the ing the books and changing some of the racy despite the fact that there have entire current backlog. Second, the legislation titles never really gets the job done. been billions of dollars poured into the mandates the creation of an Internet-based April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1637 application process. Third, the legislation facili- He describes an accident where a car of your congressional district, I want to as- tates the sharing of information across all per- hits his wife’s car and then a car piles sure you that I do not write this letter light- tinent agencies. into both of those. Both drivers were il- ly, but rather out of concern over a situation that is apparently getting out of hand in the This legislation is a necessary step in fixing legal aliens, no driver’s license and no City of Hoover. I await your response. The a broken immigration system. Efforts by prior documentation. When the police officer best to you and your family for the holiday administrations to make changes to the INS was asked what would happen to these season. have failed because they did not separate the people, how would they be kept up Sincerely, conflicting functions of the current agency. with, would they be deported, would G. MICHAEL BURNS, Congress has increased appropriations to they be held accountable, they were Vice President Mass Marketing. the INS by $4 billion over the past 10 years told there is not an INS representative Mr. CONYERS. Mr. Chairman, I yield with little to show for it as a result. in Birmingham; that they were wasting 6 minutes to the gentlewoman from This legislation mandates the necessary their time; we are wasting our time. Texas (Ms. JACKSON-LEE). No one has structural changes to reform our immigration What about a county sheriff who on worked harder on the Committee on system and protect our borders. this last visit home told me that he the Judiciary than the ranking mem- It is imperative to our future—in our country stopped 15 illegal aliens in a van. There ber on the Subcommittee on Immigra- of immigrants that we support this restruc- were drugs in the van, marijuana. They tion and Claims; and I really want to turing. had no documentation and an expired praise her for her work. Mr. CONYERS. Mr. Chairman, I am driver’s license. He called the INS; he (Ms. JACKSON-LEE of Texas asked pleased to yield 1 minute to the gen- was told there is no one to deal with and was given permission to revise and tleman from Texas (Mr. GREEN), who the problem. There is no one to deal extend her remarks.) has worked on this matter with us. with the problem. Ms. JACKSON-LEE of Texas. Mr. Mr. GREEN of Texas. Mr. Chairman, Far more disturbingly, and let me Chairman, I thank the distinguished I thank the gentleman for yielding me close with this, are the illustrations of ranking member very much for yield- this time to address the House. I have over 100,000 illegal aliens who have ing me this time and for his persistence been a cosponsor on this bill with the been brought before the courts and and willingness to be engaged in the gentleman from Texas (Mr. REYES) charged with crimes, convicted of ongoing negotiations that have re- since 1997, when he first came to Wash- crimes, and told to be deported. Are sulted in the legislation that is on the ington, who has much expertise, with they deported? No. What happens? floor today, and I thank him for the all his years with the Border Patrol They receive a letter. They receive a kindness of his remarks. There are many people to thank, Mr. and INS, and in dealing with the issue letter. That is all. Chairman. It is extremely important, in my own district. This bill is a step in the right direc- of course, to acknowledge that this is a In Houston, it can take up to 31⁄2 tion. product of the Committee on the Judi- years to process green card applica- Mr. Chairman, I include for the ciary, with 32 votes of the members of tions. Immigrants must often wait long RECORD the letter I referred to earlier: hours under extreme weather condi- the Committee on the Judiciary on LIBERTY NATIONAL this particular legislation; and so there tions before even setting foot inside LIFE INSURANCE COMPANY, is much appreciation to be given the the INS office. And for most immi- Birmingham, AL, December 17, 2001. chairman of the full committee and of grants, this is not the only time they Congressman SPENCER BACHUS, the subcommittee, along with the enor- will go. The separation of law enforce- Cannon House Office Building, House of Rep- mous help that we received from the ment from the naturalization process resentatives, Washington, DC. DEAR CONGRESSMAN BACHUS: On Wednes- diligence of our staff. In particular, I is so needed. I am glad that my col- day, December 12, 2001, my wife was involved would like to acknowledge Avery league brought my attention to that in in a traffic accident, while this is certainly Brown and Leon Buck of my staff for 1997 and that it is in the bill we are see- not a Federal issue the events surrounding the work they did in this effort. ing today. the accident I feel need to be brought to your It seems when we come to the floor of We must replace the INS and ensure attention. Her car was struck in the Hoover the House on a day like today, talking area by an illegal immigrant who spoke no all Americans their government is about an agency such as the INS, we competent enough to distinguish be- English, carried no Alabama state drivers li- cense, had no insurance, but is employed at could become focused on the impor- tween immigrants who are hard work- tance of the work that is being done, ing and those who want to terrorize our a local Mexican restaurant and has been in Alabama for over two years. The individual and I believe that this body, this citizens. This bill will replace the INS in the third car, who was also an illegal im- forum, this House, is a place for vig- with an Agency for Immigration Af- migrant, had no driver’s license at all and no orous debate. I acknowledge that we fairs in the Department of Justice, insurance. Additionally when my wife asked had begun this discussion with vig- headed by an Associate Attorney Gen- the Hoover officer at the accident site what orous debate on the opposition to this eral for immigration affairs. would happen to this individual she was told legislation, and I think it is important The two bureaus under this agency ‘‘probably nothing, the State of Alabama does not allow us to deport them unless that we have a full debate and that we would have different responses, and listen to the concerns. that is what we need. And I want to there is a crime committed with then goes through INS’’. This came as a shock to both Let me join my colleague, the gen- thank the Chair of the Judiciary and my wife and myself. When I did some check- tleman from Michigan (Mr. CONYERS), the committee for bringing this bill ing I was told there is not even an INS rep- and say that I look forward to working out. resentative in Birmingham full time. These with any number of Members to make Mr. SENSENBRENNER. Mr. Chair- individuals are in this country illegally, pay sure we concern ourselves with an on- man, I yield 2 minutes to the gen- no U.S. taxes and can hit someone and vir- going process. Even though this debate tleman from Alabama (Mr. BACHUS), a tually walk away! While I am forced to pay is not about the Mideast tragedies, I member of the committee. a $500.00 deductible on my insurance to be able to get $2,100 worth of damages repaired. have always said that the way to solve Mr. BACHUS. Mr. Chairman, when the tragedy of the Mideast is ongoing terrorists were positively identified, This is shameful. As a taxpayer, constituent, and loyal financial supporter of the Repub- negotiations and peace negotiations. the INS could not program its com- lican Party (in excess of $2,800 during the In order to fix the INS, after we have puters to find out if they had any infor- last election, PAC National and state party abolished the INS, it will take all of us mation on those terrorists. Not only contributions), quite frankly I resent this in an ongoing oversight role to ensure that, but they issued them visas. type of conduct from the Federal Branch of that the work is done and that we an- The story of the INS’ approval of ter- our government. While I am actively pur- swer the concerns. I have been gratified rorist visas illustrates that our immi- suing action against this illegal alien to have been able to work with the gration process is a total failure. But through the City of Hoover I would like to Congressional Hispanic Caucus and as is often the case, the people back in know what I can do, and what your stand is as my congressman on this situation. other Members, including the chair- our districts and in our home States, Congressman, I know you get many letters person, the gentleman from Texas (Mr. they realize this before we do. that are considered ‘‘off the wall’’. However, REYES), on this. In fact, I got a letter from Michael as a Vice-President of Alabama’s largest in- We are grounded in the Burns from my district in December. surance company and as a longtime resident underpinnings of the U.S. Commission H1638 CONGRESSIONAL RECORD — HOUSE April 25, 2002 on Immigration Reform, that our own for a study that will determine wheth- egories will be doomed to failure. We former colleague, the late Barbara Jor- er the fees that we are generating out must restructure first, and this bill dan, headed. Her name, as the gen- of the service bureau is enough to does that. tleman from Michigan (Mr. CONYERS) make sure that my colleagues who While H.R. 3231 and its enactment indicated, did not come randomly and have two and three and four staff mem- cannot guarantee we will not have a fu- is not in any way to undermine, dimin- bers who are handling immigration in ture successful terrorist attack such as ish, or to suggest any irony in her se- their district offices will in fact have our Nation suffered on September 11, lection. It is to recognize the work she the resources to get the job done. we can say with certainty that its pas- did early on when we did not confront Today, we abolish the INS; but we sage and enactment into law will give the horrors of terrorism and the hei- also stand on the premise that we are a us a measure of confidence and secu- nous acts of September 11. Barbara Nation of immigrants and laws. It is rity which we cannot ever hope to at- Jordan’s commission sought, in the extremely important that the message tain without it. calmness of the day and the confusion from the United States Congress in a I commend the gentleman from Wis- that abounded even then with the INS, bipartisan way is to embrace the consin (Mr. SENSENBRENNER) for this to begin to set the Nation straight. founding principles of this country, legislation. I urge its passage, and I I think she brought about a balance where all of us came here to work and commend the administration for its that we have tried to keep in this legis- seek opportunity but, at the same support. lation. It is procedural, it is not of sub- time, recognize that the Immigration Mr. CONYERS. Mr. Chairman, I yield stance, but we do maintain the concept and Naturalization Service, this new myself the balance of my time. that immigration is in fact a part of a agency, must stand on the Mr. Chairman, I thank the chairman system of this Nation; that we are a underpinnings of law, protecting us of the Committee on the Judiciary, the Nation of laws, but we are a Nation of against illegal immigration but allow- subcommittee chairman, the gen- immigrants; that immigration does not ing those to access legalization. tleman from Pennsylvania (Mr. equate to terrorism. I believe this is a bill that begins GEKAS), and the ranking member, the In the crafting of this bill we have that, Mr. Chairman; and we will finish gentlewoman from Texas (Ms. JACK- tried to stay away from castigating the job by working together. SON-LEE) for taking us through an and denigrating hardworking immi- Mr. SENSENBRENNER. Mr. Chair- original bill that was not adequate. We grants who have come to this country man, I yield 2 minutes to the distin- worked on a substitute, and now we are simply to offer themselves, to share in guished gentleman from Georgia (Mr. able to come together in a bipartisan the bounty but to work hard. Like BARR). fashion that I think acquits the Com- those immigrants that I am working Mr. BARR of Georgia. Mr. Chairman, mittee on the Judiciary very well. I with in my district, who happen to be I thank the gentleman for yielding me note that the chairman of this com- Palestinians, a family of nine, who are this time. mittee has been able to accomplish in a detention center now even though There is a graphic we have here that that on more than one occasion, so I one of their children is a United States some might think is too harsh when am delighted that we will now consider citizen. Obviously, they are under the describing a government agency. It some amendments, many of them that color of the terrible politics of the shows the INS going into the waste- we think will improve the bill. world right now, but we are working to basket of history. In reality, Mr. Chair- But I remind my colleagues that we ensure that those immigrants, who man, it is not harsh enough. It ought have the other body in which we will owned a store that sold United States to be going through a shredder on the come together in a conference as soon flags, can have the opportunity to ac- way to a wastebasket. For this agency as they finish their work product, and cess legalization. and what it has done, we need to shred one of the key issues is going to be the This legislation answers the concerns it, gather the shreds, burn them, gath- relationship of the Associate Attorney of those who would want to fix the INS. er the ashes, and distribute them General to that of the current Immi- It abolishes the INS. And, yes, I stand among the four corners of the world so gration and Naturalization Service by the words that I said earlier, this this agency, as it is currently con- Commissioner. bill is a bill that draws together Ameri- stituted, can never again come to- We have met with the Commissioner. cans, Democrats, Republicans, and oth- gether and endanger our security and He has been before our committee more ers, because this bill is a work of a be a disgrace to this country as the than once, and I think that is an im- compromise of bills that were pro- INS has been. portant issue where we ought to work moted by Republicans and Democrats carefully with the Senate, and hope 1245 in this House. That is the system in b that we can reach harmony. which we work. Mr. Chairman, in years past, many The bill is a structural bill. It is a This is a bill that has at the top the might have looked at the problems process bill. The substance of how we Associate Attorney General and divides with the INS, as we have heard chron- are going to improve the Immigration the INS into two bureaus. But it is not icled here during this debate, and and Naturalization Service really a bureau that is in conflict or in confu- deemed them an irritant, a waste of awaits the further work of the com- sion. It is a bureau, of course, that will money, a frustration. mittee in this body and that in the work together. Two consistent bureaus However, now we know in the wake other body; but I am pleased that we of enforcement and services, one gen- of the terrorist attacks of September can work with the administration and eral counsel that will coordinate the 11, made successful in large part by the with our Republican colleagues on laws that will affect the running of the deficiencies in the INS, we now know dealing with a matter that it is per- INS. There will be vertical coordina- that the problems with INS are more fectly clear is long overdue for reform. tion, where the district offices are co- than an irritant, more than a waste of Today is a very important first step in ordinated with the Washington offices. money, they are a threat to our Na- that direction. There will be more support for the Bor- tion’s security. We can no longer ig- Mr. Chairman, I yield back the bal- der Patrol in enforcement. There will nore them. ance of my time. be a children’s bureau, so that unac- The gentleman from Wisconsin (Mr. Mr. SENSENBRENNER. Mr. Chair- companied minors can be protected. SENSENBRENNER) is doing the right man, I yield such time as he may con- And, hopefully, the amendments that thing here. He is putting the horse be- sume to the gentleman from Florida we pass will, in fact, work. fore the cart. We are restructuring this (Mr. YOUNG). Lastly, Mr. Chairman, let me simply agency before we tackle all of the sub- Mr. YOUNG of Florida. Mr. Chair- say, appropriations, money, will be stantive immigration reforms, the visa man, I would like to engage in a col- guided to this agency. This service-ori- reforms, and the citizenship reforms loquy with the gentleman from Wis- ented bureau, in particular, is fee gen- that we must do. If we do not restruc- consin (Mr. SENSENBRENNER) regarding erated, but we are going to discuss and ture the INS first, any subsequent sub- two provisions in section 11 of the bill. debate an amendment that I hope my stantive changes to INS and to the im- Mr. Chairman, I want to commend colleagues will accept that will provide migration system or immigration cat- the chairman on a good bill which is April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1639 long overdue. However, it is my under- reaucracy involved, because finger- that piecemeal attempts to reform INS have standing there are two provisions in prints that are taken by the INS for been unsuccessful, and throwing more money section 11 that would create an addi- processing applications are only good and resources at INS has not solved its prob- tional requirement for discretionary for 15 months, some immigrants must lems, which stem from competing priorities appropriations. Specifically, subsection have them taken 3 or 4 times while and missions within the agency. (b)(5) strikes a current fee collected by they wait for the INS to process their It is time to acknowledge the failure of the the INS to support the cost of proc- paperwork. Some people have to travel, current structure of the INS and take a com- essing certain immigrant applications, as they do in my district, great dis- prehensive approach to reorganizing the agen- and subsection (b)(6) then authorizes tances to do that, or wait long periods cy. By separating the enforcement and service appropriations for these applications. I of time before they have somebody ap- functions of the INS, H.R. 3231 will provide a further understand that this may re- pear in the district when they can have clear mission, increase efficiency and ensure quire upwards of $1 billion over the it done. that the borders of America are protected from next 4 years. Over 300,000 criminal and deportable terrorism and other national security threats. I Mr. Chairman, is my understanding illegal immigrants were ordered re- urge all of my colleagues to join me in voting of these provisions correct? moved by immigration judges, and for this important legislation. Mr. SENSENBRENNER. Mr. Chair- have fled; 6,000 of those are from coun- Mr. SENSENBRENNER. Mr. Chair- man, will the gentleman yield? tries identified as al Qaeda strong- man, I yield 21⁄2 minutes to the gen- Mr. YOUNG of Florida. I yield to the holds. This is the one problem that we tleman from Florida (Mr. BILIRAKIS). gentleman from Wisconsin. have with our current immigration Mr. BILIRAKIS. Mr. Chairman, I rise Mr. SENSENBRENNER. Mr. Chair- system, it is ignoring our national se- in support of H.R. 3231, which will im- man, the gentleman’s understanding of curity problems. prove enforcement of our Nation’s im- the provisions is correct. If the INS officials were ‘‘following migration laws and reduce the over- Mr. YOUNG of Florida. Mr. Chair- their own policies, Atta would have whelming backlog of applications for man, I would like to point out that the never been allowed to enter the United aliens wishing to enter the United current House budget resolution does States’’; that, according to a 60 Min- States legally. The time has come to not assume this additional requirement utes report on March 10 of this year. do away with the old Immigration and on discretionary appropriations. As a We need to pass this legislation to Naturalization Service, and implement result, any funding for this provision, support our President’s proposal. To a system that will work more effi- if provided in fiscal year 2003, will have break the INS into two parts is an idea ciently. to come at the expense of reductions in whose time is long past due, for better Anyone wanting proof of this need other important funding priorities, in- security and better processing for our only look to the March issuance of stu- cluding those for homeland security immigrants. dent visas to not one, but two of the and the war on terrorism. Given the current budget environ- Mr. Chairman, I am proud to be a cospon- September 11 hijackers. Six months ment and the demands on spending sor of H.R. 3231, the Barbara Jordan Immigra- after they died in their terrorist acts, that we face, will the chairman be ame- tion Reform and Accountability Act, and I com- the INS issued student visa approvals nable to reviewing the need for these mend Chairman SENSENBRENNER on his lead- to them. Clearly there is not only a need to re- provisions during the conference delib- ership in introducing this legislation and mov- structure the INS, but also to reform erations on his bill? ing it forward. Mr. SENSENBRENNER. If the gen- America has always been a nation of immi- our Nation’s immigration policies with tleman will continue to yield, I will be grants, people from varied backgrounds and respect to foreign student visas. I sub- happy to review these provisions dur- distinct cultures who largely share a common mitted an amendment to the Com- ing the conference. desire for the freedoms and liberties, which mittee on Rules which would have es- Mr. YOUNG of Florida. Mr. Chair- are a birthright for native-born Americans. But tablished a 9-month moratorium on the man, I thank the gentleman for the op- with this rich heritage, vigilance is required issue of student visas to allow the INS portunity to clarify this matter. from the federal government. We must be or the new Bureau of Citizenship and Mr. SENSENBRENNER. Mr. Chair- cognizant of who is entering the country, or Immigration Services under this legis- man, I yield 2 minutes to the gen- we do our citizenry a disservice. With an esti- lation, time to fully implement the tleman from Virginia (Mr. GOODLATTE). mated 8 million undocumented illegal immi- student exchange and visitor informa- (Mr. GOODLATTE asked and was grants residing in the United States, it is clear tion system. given permission to revise and extend that the INS has failed in this duty. My amendment also would have re- his remarks.) There is no disagreement that the INS is in quired the names, ages, and other ap- Mr. GOODLATTE. Mr. Chairman, I dire need of reform and the events of Sep- propriate information of student visa thank the gentleman for yielding me tember 11 make it clear that the need for re- holders, accompanying spouse, and this time. form is more urgent than ever. Six months children to be included on the student Mr. Chairman, I commend the chair- after the September 11 terrorist attacks, the visa documentation. man of the Committee on the Judiciary Immigration and Naturalization Service mailed I believe these reforms are critical if for offering this very important legis- a letter to a flight school in Florida, notifying we are serious about preventing known lation, and I am proud to be a cospon- them that two of the hijackers, including al- terrorists from entering the United sor of the Barbara Jordan Immigration leged ringleader Mohammed Atta, had been States. At least one of the September Reform and Accountability Act. This approved for student visas. It would be a mon- 11 hijackers was in the U.S. on an ex- act is designed to address two very se- umental understatement to say that the INS is pired student visa. Had the INS fully rious problems. The first: incompetent, woefully ill-equipped to handle immigration in implemented the tracking system, this negligent service that our constitu- this era of heightened national security. terrorist may have been behind bars, ents, the American citizens, and those In addition to INS’ failure to adequately per- not hijacking a commercial airplane. who seek to comply with our immigra- form its enforcement responsibilities, INS has Unfortunately, Mr. Chairman, my tion laws have faced for many decades been inept in its service functions. My Con- amendment was not made in order and with the INS. The INS had a backlog of gressional District offices, like those of every cannot be considered here today. It was 4.9 million applications and petitions other Member of Congress, are inundated with considered nongermane. It is my hope at the end of fiscal year 2001. That is complaints about INS. The INS had a backlog there will be an opportunity for Mem- totally unacceptable. of 4.9 million applications and petitions at the bers to debate substantive immigration In some congressional offices, com- end of FY 2001. Lost files, missing finger- policy reform in the near future. plaints about the Immigration and prints, and lengthy delays are complaints that Mr. SENSENBRENNER. Mr. Chair- Naturalization Service outnumber IRS we hear on a daily basis. We owe our own man, will the gentleman yield? complaints by a factor of 6 to 1. In my citizens, as well as documented visitors and Mr. BILIRAKIS. I yield to the gen- office, I am sure that it is several times immigrants in this country, the attention and tleman from Wisconsin. more than that. support that they deserve. Mr. SENSENBRENNER. Mr. Chair- To give Members an example of the Between 1993 and 2002, Congress nearly man, I am happy to inform the gen- nature of this problem and the bu- quadrupled INS’ operating budget. It is evident tleman and Members of Congress that H1640 CONGRESSIONAL RECORD — HOUSE April 25, 2002 this issue was addressed in the bill H.R. The magnitude of the INS’ problems is ex- built on the strength, ingenuity, hard work, and 3525, which requires the INS to imple- traordinary—at the end of FY2001, it had a discipline of immigrants from around the world, ment a student visa tracking system. backlog of 4.9 million applications and peti- this strikes us especially hard. I am pleased That bill was passed unanimously on a tions, thus forcing aliens trying to play by the that the bill before us takes important steps to- voice vote by the House of Representa- rules to wait in limbo for years. The Census ward improving our Government’s manage- tives on December 19. The other body Bureau estimates that at least 8 million un- ment of immigration while preserving the abil- passed this bill with amendments on documented aliens reside in the U.S. Over ity of immigrants to build new lives for them- April 18. We will be having a vote on 300,000 criminal and deportable aliens or- selves and their families in the United States. concurring with those amendments dered removed by immigration judges have I am pleased to support H.R. 3231 for sev- some time shortly, and the student absconded. Much of the INS’ failure stems eral reasons, not the last of which is its inno- visa tracking legislation, together with from the conflict between its enforcement and vative approach to the reorganization of the an entry-exit system tracking, will be service missions. Mr. Chairman, the INS is un- Immigration and Naturalization Service (INS). on its way to the President for his ex- able to adequately perform either of its mis- Beyond reorganizing the INS into two separate pected signature. sions. Rather, the agency appears to move bureaus within the Department of Justice, this We are going to be across the finish from one crisis to the next, with no coherent bill will also create several new offices dedi- line with this before the current bill strategy of how to accomplish both missions cated to improving the quality of the service goes before the President. successfully. provided to immigrants and protecting the Mr. BILIRAKIS. Mr. Chairman, I Reponding to this national security crisis, rights of unaccompanied child immigrants. The thank the gentleman for that expla- H.R. 3231 would abolish the Immigration and bill, by placing the two new bureaus under the nation. I was asking for a moratorium Naturalization Service (INS) in favor of two direct supervision of a new Associate Attorney to give them an opportunity to get new organizations that concentrate solely on General with experience in managing large those things done. different missions—one that would administer and complex organizations, will also increase Mr. SENSENBRENNER. Mr. Chair- immigration benefits and one that would en- the importance placed on our immigration poli- man, I yield myself the balance of my force immigration laws. This legislation pro- cies and the accountability of those respon- time. motes law and order by increasing account- sible for enforcing our laws. Mr. Chairman, I would like to express ability and creating a position for checks and With the passage of H.R. 3231, the House my appreciation to all of the members balances between the two bureaus. will take an important first step in reforming of the committee, to the bipartisan This bipartisan legislation ensures that the the way the United States deals with immigra- committee staff, to the ranking mem- new INS bureaus will each have the proper tion. The next step, addressing the security of ber, the gentleman from Michigan (Mr. mission and guidelines to assist those individ- our borders, will hopefully be taken soon. To- CONYERS), to the ranking sub- uals who are ready to become U.S. citizens gether, today’s reforms along with upcoming committee member, the gentlewoman while cracking down on illegal immigrants and efforts to strengthen border security will make from Texas (Ms. JACKSON-LEE) in put- enforcing immigration laws and regulations. It America safer from those who would use our ting together a bill which has huge bi- will work to keep the terrorists out, but provide country’s openness to do us harm. These re- partisan support. efficient and fair service to those that play by forms will also preserve America’s commit- I also express my thanks to the the rules when it comes to our immigration ment to remain open to immigrants who seeks President and the Attorney General for process. Additionally, this legislation will help a better life and will reaffirm our long tradition recognizing the need for legislative ac- to secure our homeland by placing a greater of finding strength in our diversity. This will be tion and restructuring the Immigra- focus on immigration policy and making sure a key part of the legacy of the 107th Con- tion Service so that it can be func- everyone is playing by the rules. gress, and I am pleased to cast my vote as tional. The Bureau of Citizenship and Immigration we begin this important effort. I think we all recognize that this bill Services (BCIS) will concentrate on improving Ms. SCHAKOWSKY. Mr. Chairman, I rise in is not a panacea. The problems that we immigration services and reducing mediation support of H.R. 3231, the Barbara Jordan Im- have heard about for the last 2.5 hours backlogs for legal immigrants, while the Bu- migration and Reform Accountability Act. I have taken years to develop: the 5 mil- reau of Immigration Enforcement (BIE) will agree that the Immigration and Naturalization lion backlog in processing applications deny admission to those that should be kept Service is a broken agency that needs to be for immigration services; the over out of the U.S. BIE will also apprehend and fixed. That is a point that has been under- 300,000 people who have had their day remove those designated for deportment along scored in the time since September 11 but in court and have been ordered de- the border and in the interior. was clearly a problem long before those tragic ported, that the INS has no idea where H.R. 3231 will create an Associate Attorney events. The need for reform of the INS has they are except that they are still in General in the Department of Justice who will been clear to me because of the difficulty con- the United States of America. only handle immigration affairs. The Associate stituents in my districts have had in dealing So should this bill pass and be signed Attorney General will supervise the two bu- with the INS. My district staff spends approxi- into law, which I earnestly hope that it reaus, resolve conflicts between them and mately 80% of casework time on cases that will before this Congress expires, it will help to hold the two bureaus accountable for have to do with problems with the INS. This take a long time for us to put our im- their actions. has to change. Although I will vote for this leg- migration affairs back in order. But The INS has reorganized itself numerous islation, I do have some concerns. this is the essential first start, because times over the past two decades. Judging We must make the INS a better managed, if we do not restructure the INS, tell- from its caseload and its failure to detect and more efficient, coordinated, and effective ing them that they are supposed to ad- detain terrorists, internal reorganization is not agency. I strongly believe, in order to accom- judicate millions more applications working. This bill creates a clear chain of com- plish those goals, the agency must be split when they are 5 million behind is just mand and greater accountability. into the separate bureaus for services and en- going to mean that new immigrants Mr. Chairman, I urge all of my colleagues to forcement. H.R. 3231 allows the separate bu- will be at the bottom of the pile and support this important national security legisla- reaus to focus on the distinct missions of pro- will have to wait much longer. tion. viding services and enforcement. To tell the current INS that they Mr. UDALL of New Mexico. Mr. Chairman, I Another core principle to effective reorga- have to do a better job of enforcing rise today in support of H.R. 3231 and urge nization is the coordination of immigration pol- against the Mohammed Attas that may my colleagues to join with me in voting for an icy, legal direction, and information under the still be in the country, when they have important piece of legislation. authority of a strong executive. Although this over 300,000 people already ordered de- This bill, inspired by the dedication and hard legislation creates a high level position of an ported and are still here, is going to work of the late former Congresswoman Bar- Associate Attorney General for Immigration Af- complicate this system and have a fur- bara Jordan of Texas, comes before the fairs, this office is not responsible for setting ther backlog. By restructuring the House at a crucial moment in our history. Dur- immigration policy. Policy making is left to the INS, we are on a good start. I urge ing the past several months, we have been individual bureaus. I also think offices which Members to support this legislation. forced to witness the difficult truth that our Na- should remain at the core of the structure Mr. TOM DAVIS of Virginia. I rise today in tion’s immigrant laws and agencies are in dis- have been relegated to the service and en- support of H.R. 3231, the Barbara Jordan Im- repair and in need of major structural forcement bureaus, leading to duplicity within migration Reform & Accountability Act. changes. As a free Nation and open society the overall agency. For example, each bureau April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1641 is to have an Office of Policy and Strategy and However, unless Congress and the Adminis- the agency, legislation is the only way to turn each bureau is to have a Chief Budget Officer. tration make immigration a priority and are the INS in the right direction. Given this structure, I am not certain that the willing to adequately fund its mission, then this Only legislative restructuring like H.R. 3231 Office of the Associate Attorney General will structural division of INS will not make a dif- can create two separate agencies that con- have the authority to effectively manage and ference. centrate on different missions—administering coordinate the functions of these offices and In order for immigration to be successful, immigration benefits and enforcing immigration create a coherent national immigration policy. the Administration must support: laws. The two new organizations will have Although I am pleased we have made The front end of the State Department. their own budgets and dedicated employees strides toward elevating the Office of Chil- From Mexico City to Manila the consular corps who will be focused on their own distinct mis- dren’s Affairs, I do not think this legislation are understaffed and overburdened. As people sion. I applaud this legislation because it will adequately addresses the needs of unaccom- apply for entry in the U.S. abroad, we cannot also create a new Ombudsman to monitor and panied minors. I am particularly concerned strengthen INS without commensurate support improve the services side of the agency, cre- with the conditions under which children will for the State Dept. ate clear chains of commands at the INS, and be detained and held and whether they will Adequate funding for services and law en- eliminate mission overload that is crippling the have legal representation. These are children. forcement measures. Far too often, INS em- agency. We must create safeguards to protect them, ployees are being asked to do more and more We owe it to the American people to im- not further traumatize them through imprison- without sufficient resources. The Federal Gov- prove our border security, track who is enter- ment. We must also ensure that they are ap- ernment must make it a priority to provide ing and exiting our country and expedite the propriately counseled and represented as they them with the tools they need to do their jobs process of timely immigration petitions. H.R. navigate our extremely complicated immigra- effectively and efficiently. 3231 passed the House Judiciary Committee tion courts and system. The only thing this Only when the several agencies involved in with great bipartisan support and I urge my legislation specifies is that the Director of the immigration—from the State Dept. to INS— colleagues to support H.R. 3231 today. OCA is responsible for ‘‘compiling, updating, can cooperate and implement a clear, concise, Mr. BENTSEN. Mr. Chairman, I rise in and publishing at least annually a state-by- and consistent mission will immigration control strong support of H.R. 3231, The Barbara Jor- state list of professionals or other entities redeem itself from a history of mismanage- dan Immigration Reform and Accountability qualified to provide guardian and attorney rep- ment and ineffective border control. I support Act, important legislation that makes much- resentation services for unaccompanied alien the passage of H.R. 3231. needed reforms to our immigration system. children.’’ How will that benefit an infant or a Mr. CASTLE. Mr. Chairman, I want to thank For years, my immigration caseworker has re- toddler who can not speak much less read? I Chairman SENSENBRENNER, Subcommittee lated to me countless horror stories about the hope my colleagues in the Senate will work to Chairman GEKAS and the House Leadership red tape and inefficiency at the Immigration strengthen this provision and push for lan- for bringing up this legislation today to improve and Naturalization Service (INS). That agency guage that is reflected in the Unaccompanied and revamp the Immigration and Naturaliza- has managed to send visa approval notices to Alien Child Protection Act. tion Service (INS), and I am pleased to see two September 11 hijackers, and at the same I am pleased that there are provisions to that President Bush is behind the measure. time routinely enormous hurdles in the path of create an ombudsman office. It is essential The United States must do a better job of citizens-in-training. that immigrants have someone at a high level protecting America’s borders, tracking foreign Today’s legislation, which will address these addressing concerns and problems they are students and visitors, dealing with illegal aliens many concerns, is the realization of the hard having with their cases. This office will also and serving those who are served daily by the work and tireless efforts of the late Barbara look at systemic problems in the INS structure. INS. Over seven months have passed since Jordan. As chair of the U.S. Commission on Advocates with whom I work in my district the attacks of September 11, and many of the Immigration Reform (CIR), Barbara Jordan suggested language that would elevate the loopholes that the terrorists utilized to harm recommended that the Federal immigration level ombudsman and I hope the other body our nation, have not been addressed. system be fundamentally restructured by, will consider those suggestions in its delibera- I am hopeful the President will have the op- among other things, dismantling the INS. In tions on similar legislation. I believe it is critical portunity to sign enhanced border security leg- 1997, the commission found that the INS suf- that an ombudsman not be restricted in ac- islation regarding student visa reforms, smart fered from conflicting priorities and mission complishing their job. It may be more effective card technology, reform of the visa waiver pro- overload, and its service and enforcement to remove the office of the Ombudsman from gram, shared databases and integrated entry- missions were incompatible. the entire INS structure, placing it in the De- exit data systems. These are good reforms but More importantly, Barbara Jordan once said partment of Justice. I am also pleased with provisions that re- the reforms and technology are only as good that the key to creating a harmonious society quire separate appropriations for asylum and as the people who administer the various pro- out of so many kinds of people ‘‘is tolerance— refugee benefits to be processed. This will grams and utilize the technology. the one value that is indispensable in creating stop the unfair cost shifting that has been oc- The INS has been a maligned agency that community.’’ Here today, we have the chance curring where fees from other INS benefits are has had major difficulties implementing visa to give effect to her recommendations and being used to adjudicate asylum and refugee tracking programs and integrated entry-exit fundamentally restructure the INS. Over the cases. I also understand there will be a study systems. A recent review by the Department past decade, Congress has substantially in- to further investigate how much services actu- of Justice Inspector General found that INS of- creased the budget for the INS—from $1.4 Bil- ally cost. I applaud the gentlewoman from ficials mismanaged $31 million aimed at auto- lion in FY 1992 to $5.6 Billion in FY 2002— Texas (Ms. JACKSON-LEE) for offering that very mating a visa tracking system. To this day we in hopes of improving the agency’s perform- important amendment to this bill. are unable to seriously determine who is in ance. However, problems continue to plague I think it is important that we move to pass this country at any given time. At the same the agency, particularly in the processing of legislation to restructure the INS. We must time it is trying to address its enforcement pro- immigration applications, the inability of the take steps towards fixing the agency. While I cedures, the INS is not properly serving those agency to stem the flow of undocumented support this bill, I urge the Senate to work on who rely on the INS to process their various workers and to track workers, students and the concerns I have raised, and I look forward immigration documents. The INS has long visitors once they arrive in the country. to seeing a better bill come out of conference backlogs of Visa and other petitions. 4.9 mil- Many of these problems result from the INS and back to this chamber. I commend all lion petitions were pending before the INS at performing dual functions, holding the respon- members who have worked to bring this the end of September 2001—this is a seven- sibility for enforcing immigration laws and ad- measure to floor. fold increase since 1993. judicating applications for non-immigrants and Mr. BLUMENAUER. Mr. Chairman, it is no The INS on several occasions has at- immigrants. Since 1990, when the Commis- secret that for decades, the Immigration and tempted to reform itself, but in the light of the sion on Immigration Reform recommended re- Naturalization Service (INS) has been belea- immigration problems associated with the Sep- structuring the INS, several legislative reform guered with complaints of mismanagement, in- tember 11 attacks, internal organizational proposals have been introduced in Congress. effective border control and a growing backlog changes will not work. Long time supervisors One proposal which I co-sponsored, H.R. of immigrant applications and petitions. The who have resisted change in the past are 3918, introduced by Representatives HAROLD events of September 11th underscored the today not in a better position to internally re- ROGERS and SILVESTRE REYES in the 106th need for an immigration overhaul. H.R. 3231 form the INS. While I believe Commissioner Congress, would have separated the two func- is a step in the right direction to improve this Ziglar is working hard to address the organiza- tions of the INS into separate agencies. H.R. institution. tional and morale problems that have plagued 3231 builds on that by abolishing the INS and H1642 CONGRESSIONAL RECORD — HOUSE April 25, 2002 replacing it with two separate bureaus—the We must act before it’s too late. Ensuring the retention of good employees will be the Bureau of Citizenship and Immigration Serv- we have an effective immigration system is key to success for the overall restructuring ef- ices and the Bureau of Immigration Enforce- vital to our homeland defense. We must pass forts!) For these reasons, this Member be- ment. The two bureaus would be under the this bill today. I urge my colleagues to support lieves it is critical that, as any immigration re- supervision of an associate attorney general, this legislation. structuring efforts are implemented, the Ne- who would rank below the attorney general Mr. BEREUTER. Mr. Chairman, this Mem- braska Service Center to remain in Lincoln, and deputy attorney general. The measure ber rises in support of H.R. 3231, the Barbara Nebraska. transfers authority for implementing immigra- Jordan Immigration Reform and Accountability Again, this Member urges his colleagues to tion law directly to the two bureau directors, Act. Therefore, this Member would like to support H.R. 3231. and authorizes such sums as may be nec- thank the Chairman of the Judiciary Com- Mr. CALVERT. Mr. Chairman, I commend essary to abolish the INS an establish the im- mittee, the distinguished gentleman from Wis- Judiciary Committee Chairman JAMES SENSEN- migration service an enforcement bureaus. consin (Mr. SENSENBRENNER) and the Ranking BRENNER and Ranking Member JOHN CONYERS Additionally, the measure establishes an Of- Member of the Committee, the distinguished for their work on bringing this important bipar- fice of Children’s Affairs, which would be re- gentleman from Michigan (Mr. CONYERS) for tisan legislation, H.R. 3231—The Barbara Jor- sponsible for coordinating and implementing their efforts in crafting the bipartisan bill before dan Immigration Reform and Accountability law and policy for unaccompanied alien chil- the House today. Act of 2002—to the House floor for consider- dren who come into the custody of the Justice Certainly, this Member certainly supports ef- ation. Department. Under the measure, the office forts to restructure the system through which H.R. 3231 creates a new immigration sys- would ensure that the interests of unaccom- critical immigration functions which are exe- tem. It ensures that terrorist and illegal immi- panied children are considered in the depart- cuted as provided in H.R. 3231. For many grants are kept out of our country. For too ment’s care, custody and placement deter- years, this Member has argued that strong im- long our immigration system has been stuck in minations. I am pleased to note that this provi- migration policies and well-functioning infra- the dark ages allowing illegal immigrants and sion embodies legislation I am co-sponsoring, structure are necessary to protect U.S. citi- terrorists to slip silently into our nation. H.R. H.R. 1904, the Unaccompanied Alien Child zens from outbreaks of infectious disease and 3231 recognizes this and requires that Inter- Protection Act. from crime, certainly including terrorism. As net-based technologies be implemented to This is a long overdue reform. I know in my more information becomes available about the track immigration applications—technologies state of Texas, and in the city of Houston, the terrorists who conducted the unspeakable and that can alert Americans now, not later when backlog for citizenship applications can last horrific terrorist attacks of September 11, it’s already to late, about illegal and terrorists upwards of 1 year, and adjustment of status— 2001, there is increasing momentum to re- threats to our liberties and homeland security. or greencard applications—have a backlog as vamp the current immigration process. Mr. Chairman, Americans have trusted and long as 3 years or more. I am hopeful that the Despite this Member’s support for restruc- been patient with INS for far too long as they funding provided in this bill will address the turing, this Member would like to register his have attempted numerous internal reorganiza- backlog issue, which has presented a signifi- concerns about how immigration resources tions—reorganizations that have obviously not cant problem for hundreds-of-thousands of have been allocated in the past and how they worked. INS’s present mission to both admin- otherwise-eligible immigrants in Texas and might be allocated in the future as restruc- ister immigration benefits and enforce immi- across the Nation. Working with the Adminis- turing plans are implemented. gration law is blatantly at odds with each tration and my colleagues in the House, I look Mr. Chairman, despite the efforts of the Ne- other. forward to enacting thoughtful immigration re- braska and Iowa congressional delegation, the Therefore, today we vote today to abolish forms that maintains the integrity of the natu- changing immigration patterns in this country’s the Immigration and Naturalization Service ralization process, while providing effective heartland often go unexamined by Federal (INS). safeguards at our Nation’s borders. and congressional authorities. As a result, in- I encourage my colleagues on both sides of For all these reasons, Mr. Chairman, I urge terior states such as Nebraska do not receive the aisle to recognize what Americans have my colleagues to join me in support of H.R. the resources they need to provide the nec- already concluded—that American’s immigra- 3231, to honor the memory and accomplish- essary legal immigration services and to com- tion system needs a clear chain of command ments of the great Barbara Jordan, and to bat illegal immigration. Therefore, this Member coupled with greater accountability. America imbue efficiency and structure to our immigra- is concerned that throughout the restructuring demands an immigration system that secures tion system. process, immigration resources for both serv- our homeland by keeping illegal immigrants Mr. SMITH of Texas. Mr. Chairman, the ices and enforcement will continue to be allo- and terrorists out, while offering an efficient Barbara Jordan INS Immigration Reform and cated, as some Federal agencies have done, process for those legal immigrants coming to Accountability Act, which is supported by the on the basis of the overall population of a America to start a better life. Administration, provides a long-awaited solu- given region and without regard to geographic H.R. 3231 secures our American principles tion to the problems within the INS. circumstances, including the vast regions of of life, liberty and the pursuit of happiness. At the end of 2001, the INS had a backlog some of our more sparsely settled states. In- Mr. TERRY. Mr. Chairman, I rise today in of 4.9 million applications and petitions. With deed, this Member requests that the House support of H.R. 3231, the Barbara Jordan Im- those numbers, no one should be surprised at apply very careful oversight to any immigration migration Reform and Accountability Act. the recent mishandling of terrorist visas. In restructuring measures so that all legal immi- The Immigration and Naturalization Service fact, if the INS had been following their own grants, regardless of where they live in the (INS) is charged with enforcing immigration policies, Mohammed Atta would have never U.S., can access the immigration services laws, such as deporting criminal or illegal been allowed even to enter the United States. they need without having to travel extraor- aliens. It is also charged with processing those For years INS officials have promised re- dinary distances. Additionally, this Member re- who lawfully immigrate to our country to par- form—but have given us only talk with no ac- quest similar oversight with regard to immigra- take of the American dream. These conflicting tion. This bill will provide that much-needed tion enforcement resources so that the tools to missions under one government agency have action. enforce immigration policies are available in resulted in confusion and inefficiency. H.R. 3231 will abolish the INS and replace interior states, including Nebraska where alien In my home town of Omaha, Nebraska, for it with two agencies—one to handle security smuggling along Interstate 80 and other na- example, there is widespread frustration with and one to handle services. This will not only tional highways has become far too routine. the Immigration and Naturalization Service give immigration security the attention it de- Mr. Chairman, this Member also wants to (INS). People must wait in long lines for hours serves, but also will improve the quality of register his very strong support for the Ne- on end to be served, and then wait months or services provided to immigrants. braska Service Center in Lincoln, Nebraska. even years for their applications to be proc- No longer will we hear of cases where an Currently, the center efficiently and effectively essed. Last year alone, the Nebraska INS re- immigrant waited in line for 2 days to get a processes over 1.5 million immigration appli- ceived more than fourteen thousand new im- form and was never told that they could obtain cations and documents each year. In fact, the migration applications. At the end of the year it by simply calling a 1–800 number. No longer center is often called upon to handle special, it was running a backlog of almost seven hun- will we have student visas approved six out-of-region projects due to its fine record dred cases. With only three employees work- months after the fact for the very terrorists and well-earned reputation for efficiency. Addi- ing four days a week, the service problems who attacked our nation. No longer will we tionally, due to a well-educated and profes- have not been adequately resolved. have criminal aliens mistakenly or intentionally sional workforce located in Lincoln, it is able to Border and immigration security is of para- released. recruit and retain good employees. (Indeed, mount importance as we find, arrest, and April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1643 prosecute terrorists in order to protect the Other steps we have taken include passing Sec. 11. Authorization of appropriations; prohi- American public. On the other hand, legal im- H.R. 1885, the Enhanced Border Security and bition on transfer of fees; leasing migrants seeking better jobs and family life in Visa Entry Reform Act, a bill I supported to or acquisition of property; sense of Congress. America must be treated with respect. Nation- strengthen U.S. border controls and to im- Sec. 12. Reports and implementation plans. wide problems of law enforcement are con- prove our ability to screen and keep track of Sec. 13. Application of Internet-based tech- suming larger and larger portions of the INS those who enter this country. That bill would nologies. budget. This occurs at the cost of the legal im- also allow those who already quality for immi- Sec. 14. Definitions. migrant, who sees less and less of the INS gration because of their family or employer Sec. 15. Effective date; transition. devoted to service. ties to complete the process in the U.S. Also Sec. 16. Conforming amendment. When legal immigrants become less impor- known as Section 245(i), this provision does SEC. 2. ABOLISHMENT OF IMMIGRATION AND tant in the eyes of the INS, they become vic- NATURALIZATION SERVICE; ESTAB- not grant an amnesty, give immigrants the LISHMENT OF OFFICE OF ASSOCIATE tims of the process. Law enforcement should right to work, or protect them from deportation ATTORNEY GENERAL FOR IMMIGRA- not be funded at the cost of service, and serv- if they are living in the U.S. illegally. What it TION AFFAIRS. ice should not compromise enforcement of our does do is keep families together and encour- (a) ABOLISHMENT OF INS.—The Immigration immigration laws. Dividing these responsibil- age those who qualify for permanent resi- and Naturalization Service of the Department of ities by passing H.R. 3231 is a necessary, dency to continue filling an economic need Justice is abolished. common-sense, cost-saving measure. I urge (b) ESTABLISHMENT OF OFFICE OF ASSOCIATE and to become part of a regulated system. ATTORNEY GENERAL FOR IMMIGRATION AF- my colleagues to join me in supporting this Restructuring the INS—as H.R. 3231 would FAIRS.— legislation to improve homeland defense and do—is just one part of comprehensive immi- (1) IN GENERAL.—There is established in the protect the American dream. gration reform. Strengthening our border secu- Department of Justice an office to be known as Mr. UDALL of Colorado. Mr. Chairman, I rity mechanisms is another. A third part in- the ‘‘Office of the Associate Attorney General rise in support of H.R. 3231. I am a cosponsor volves modernizing our immigration laws to be for Immigration Affairs’’. of this bill, which will help us begin to address enforceable as well as responsive to our coun- (2) ASSOCIATE ATTORNEY GENERAL.—The head chronic and longstanding problems at the Im- try’s labor needs. This is where some of the of the Office shall be the Associate Attorney migration and Naturalization Service. The re- General for Immigration Affairs. The Associate toughest decisions will lie. The Administration Attorney General for Immigration Affairs— cent discoveries that the INS processed visa and the Congress need to work together to (A) shall be appointed by the President, by extensions for two of the dead September find workable and sound answers for some of and with the consent of the Senate; and 11th hijackers and that INS inspectors allowed these broader issues—such as determining (B) shall have a minimum of 5 years of experi- Pakistani seamen to come ashore in Virginia whether our legal immigration levels are sus- ence in managing a large and complex organiza- (after which three of them disappeared) are tainable; figuring out how best to stem illegal tion. only two of the latest embarrassments attrib- immigration, both for security reasons and to (3) COMPENSATION AT LEVEL III OF EXECUTIVE SCHEDULE.—Section 5314 of title 5, United States utable to INS mismanagement. ensure that American workers are not dis- I know that efforts to overhaul INS predate Code, is amended by adding at the end the fol- placed; and addressing questions about the lowing: my time here in Congress by several decades. status of people already in this country. ‘‘Associate Attorney General for Immigration But I’m glad that I’m here to witness the be- The challenge we face is to implement Affairs.’’. ginning of this long overdue restructuring. I measures that will make our country more se- (c) FUNCTIONS.—The Associate Attorney Gen- think we can all agree that an agency that is cure without turning away from our tradition as eral for Immigration Affairs shall be responsible expected to wear two distinct hats—one to a nation of immigrants. I support H.R. 3231 for— serve our immigrant population, and one to because I believe this bill will begin to take us (1) overseeing the work of, and supervising, the Director of the Bureau of Citizenship and watch our borders and enforce immigration in this direction. laws—is bound to run into problems. And in- Immigration Services and the Director of the The CHAIRMAN. All time for general Bureau of Immigration Enforcement; deed, the INS has run into problems wearing debate has expired. (2) coordinating the administration of na- both hats simultaneously, especially as we Pursuant to the rule, the committee tional immigration policy, including coordi- have asked it to accomplish disparate tasks amendment in the nature of a sub- nating the operations of the Bureau of Citizen- using the same tools and the same staff. This stitute printed in the bill shall be con- ship and Immigration Services and the Bureau bill would change that, and that’s why it de- sidered as an original bill for the pur- of Immigration Enforcement, and reconciling serves support. pose of amendment under the 5-minute conflicting policies of such bureaus; and (3) allocating and coordinating resources in- H.R. 3231 would effectively abolish the INS rule and shall be considered read. as we know it, establishing separate enforce- volved in supporting shared support functions The text of the committee amend- for the Bureau of Citizenship and Immigration ment and service divisions. But it would main- ment in the nature of a substitute is as Services and the Bureau of Immigration En- tain important coordinating functions through a follows: forcement, through the Office of Shared Services new associate attorney general for immigration H.R. 3231 established by section 3. affairs to oversee both bureaus. Be it enacted by the Senate and House of Rep- SEC. 3. POSITIONS WITHIN OFFICE OF ASSOCIATE I know there are concerns that the coordi- resentatives of the United States of America in ATTORNEY GENERAL FOR IMMIGRA- TION AFFAIRS. nating role the bill establishes won’t be strong Congress assembled, (a) POLICY ADVISOR.— enough to enable the two bureaus to share in- SECTION 1. SHORT TITLE; TABLE OF CONTENTS. (1) IN GENERAL.—There shall be a position of formation and work closely together. I also (a) SHORT TITLE.—This Act may be cited as want to ensure that resource allocation is fair Policy Advisor for the Associate Attorney Gen- the ‘‘Barbara Jordan Immigration Reform and eral for Immigration Affairs. and that the appropriate amount of funding Accountability Act of 2002’’. (2) FUNCTIONS.—The Policy Advisor shall be goes both to adjudication and to enforcement. (b) TABLE OF CONTENTS.—The table of con- responsible for— There are also calls for the long backlogs at tents of this Act is as follows: (A) providing advice to the Associate Attorney INS to be reduced before any reorganization Sec. 1. Short title; table of contents. General for Immigration Affairs on all matters goes into effect. There is some merit to these Sec. 2. Abolishment of Immigration and Natu- relating to immigration and naturalization pol- ideas, and I am hopeful that the version of this ralization Service; establishment icy; and bill that emerges from House and Senate con- of Office of Associate Attorney (B) coordinating and reconciling the resolu- General for Immigration Affairs. tion of policy issues by the Bureau of Citizen- sideration will address them and any other Sec. 3. Positions within Office of Associate At- ship and Immigration Services and the Bureau concerns about the bill that might arise. At the torney General for Immigration of Immigration Enforcement. same time, I think it’s important we pass this Affairs. (b) GENERAL COUNSEL.— bill now. We need to send a strong message Sec. 4. Establishment of Bureau of Citizenship (1) IN GENERAL.—There shall be a position of that the days of the INS as we know it are and Immigration Services. General Counsel to the Associate Attorney Gen- over, and that soon there will be changes for Sec. 5. Office of the Ombudsman. eral for Immigration Affairs. the better—both in how immigrants are Sec. 6. Establishment of Bureau of Immigration (2) FUNCTIONS.—The General Counsel shall served, and in how we enforce immigration Enforcement. serve as the principal legal advisor to the Asso- Sec. 7. Office of Immigration Statistics within ciate Attorney General for Immigration Affairs. laws that are already on the books. Bureau of Justice Statistics. The General Counsel shall be responsible for— Mr. Chairman, passage of this bill today is Sec. 8. Exercise of authorities. (A) providing specialized legal advice, opin- yet another step the House has taken in the Sec. 9. Savings provisions. ions, determinations, regulations, and any other months after September 11th to try to fix a Sec. 10. Transfer and allocation of appropria- assistance to the Associate Attorney General for system that doesn’t work as well as it should. tions and personnel. Immigration Affairs with respect to legal matters H1644 CONGRESSIONAL RECORD — HOUSE April 25, 2002 affecting the Office of the Associate Attorney ity Review’’. The head of the Office of Profes- (II) the date on which the child came into the General for Immigration Affairs, the Bureau of sional Responsibility and Quality Review shall custody of the Department of Justice; Citizenship and Immigration Services, or the be the Director of the Office of Professional Re- (III) information relating to the child’s place- Bureau of Immigration Enforcement; sponsibility and Quality Review. The Director ment, removal, or release from each facility in (B) representing the Bureau of Citizenship of the Office of Professional Responsibility and which the child has resided; and Immigration Services in visa petition appeal Quality Review shall be responsible for— (IV) in any case in which the child is placed proceedings before the Executive Office for Im- (A) conducting investigations of noncriminal in detention or released, an explanation relating migration Review and in other legal or adminis- allegations of misconduct, corruption, and fraud to the detention or release; and trative proceedings involving immigration serv- involving any employee of the Office of the As- (V) the disposition of any actions in which ices issues; and sociate Attorney General for Immigration Af- the child is the subject; (C) representing the Bureau of Immigration fairs, the Bureau of Citizenship and Immigra- (xi) collecting and compiling statistical infor- Enforcement in all exclusion, deportation, or re- tion Services, or the Bureau of Immigration En- mation from the Office of the Associate Attorney moval proceedings before the Executive Office forcement that are not subject to investigation General, Bureau of Citizenship and Immigration for Immigration Review, including in pro- by the Department of Justice Office of the In- Services, and Bureau of Enforcement (including ceedings to adjudicate relief from exclusion, de- spector General; Border Patrol and inspections officers), on the portation, or removal, and in other legal or ad- (B) inspecting the operations of the Office of unaccompanied alien children with whom they ministrative proceedings involving immigration the Associate Attorney General for Immigration come into contact; and enforcement issues. Affairs, the Bureau of Citizenship and Immigra- (xii) conducting investigations and inspections (3) LIMITATION.—Paragraph (2) shall not tion Services, and the Bureau of Immigration of facilities and other entities in which unac- apply to the functions transferred under sub- Enforcement and providing assessments of the companied alien children reside. section (h) to the extent that the Associate At- quality of the operations of such office and bu- (B) COORDINATION WITH OTHER ENTITIES; NO torney General for Immigration Affairs does not reaus as a whole and each of their components; RELEASE ON OWN RECOGNIZANCE.—In making de- delegate such functions to the General Counsel. and terminations described in subparagraph (A)(iii), (C) providing an analysis of the management (c) CHIEF FINANCIAL OFFICER.— the Director of the Office of Children’s Affairs— (1) IN GENERAL.—There shall be a position of of the Office of the Associate Attorney General (i) shall consult with appropriate juvenile jus- Chief Financial Officer for the Associate Attor- for Immigration Affairs, the Bureau of Citizen- tice professionals, the Director of the Bureau of ney General for Immigration Affairs. ship and Immigration Services, and the Bureau Citizenship and Immigration Services, and the (2) FUNCTIONS.—The Chief Financial Officer of Immigration Enforcement. Director of the Bureau of Immigration Enforce- (2) SPECIAL CONSIDERATIONS.—In providing shall be responsible for— ment to ensure that such determinations ensure assessments in accordance with paragraph (A) financial management of the Office of the that unaccompanied alien children described in (1)(B) with respect to a decision of the Office of Associate Attorney General for Immigration Af- such subparagraph— the Associate Attorney General for Immigration fairs, the Bureau of Citizenship and Immigra- (I) are likely to appear for all hearings or pro- Affairs, the Bureau of Citizenship and Immigra- tion Services, and the Bureau of Immigration ceedings in which they are involved; tion Services, or the Bureau of Immigration En- Enforcement and shall have the authorities and (II) are protected from smugglers, traffickers, forcement, or any of their components, consider- functions described in section 902 of title 31, or others who might seek to victimize or other- ation shall be given to— wise engage them in criminal, harmful, or United States Code, in relation to financial ac- (A) the accuracy of the findings of fact and exploitive activity; and tivities of such office and bureaus; conclusions of law used in rendering the deci- (III) are placed in a setting in which they not (B) collecting all payments, fines, and other sion; debts for the Bureau of Citizenship and Immi- (B) any fraud or misrepresentation associated likely to pose a danger to themselves or others; gration Services and the Bureau of Immigration with the decision; and and Enforcement; and (C) the efficiency with which the decision was (ii) shall not release such children upon their (C) coordinating all budget and other finan- rendered. own recognizance. cial management issues with the Bureau of Citi- (g) OFFICE OF CHILDREN’S AFFAIRS.— (C) TRANSFER OF FUNCTIONS.—There are zenship and Immigration Services and the Bu- (1) IN GENERAL.—There is established within transferred to the Director of the Office of Chil- reau of Immigration Enforcement. the Office of the Associate Attorney General for dren’s Affairs functions with respect to the care (d) DIRECTOR OF SHARED SERVICES.— Immigration Affairs an office to be known as of unaccompanied alien children under the im- (1) IN GENERAL.—There shall be a position of the ‘‘Office of Children’s Affairs’’. The head of migration laws of the United States vested by Director of the Office of Shared Services for the the Office of Children’s Affairs shall be the Di- statute in, or performed by, the Commissioner of Associate Attorney General for Immigration Af- rector of the Office of Children’s Affairs. the Immigration and Naturalization Service (or fairs. (2) FUNCTIONS.— any officer, employee, or component thereof), (2) FUNCTIONS.—The Director of the Office of (A) IN GENERAL.—The Director of the Office of immediately before the effective date specified in Shared Services shall be responsible for the ap- Children’s Affairs shall be responsible for— section 15(a). propriate allocation and coordination of re- (i) coordinating and implementing law and (D) DUTIES WITH RESPECT TO FOSTER CARE.— sources involved in supporting shared support policy for unaccompanied alien children who In carrying out the duties described in subpara- functions for the Bureau of Citizenship and Im- come into the custody of the Department of Jus- graph (A)(vii), the Director of the Office of Chil- migration Services and the Bureau of Immigra- tice; dren’s Affairs shall assess the extent to which it tion Enforcement, including— (ii) ensuring that the interests of the child are is cost-effective to use the refugee children foster (A) facilities management; considered in decisions and actions relating to care system for the placement of unaccompanied (B) information resources management, in- the care and custody of an unaccompanied alien alien children. cluding computer databases and information child; (3) RULE OF CONSTRUCTION.—Nothing in this (iii) making placement determinations for all technology; subsection may be construed to transfer the re- unaccompanied alien children apprehended by (C) records and file management; and sponsibility for adjudicating benefit determina- (D) forms management. the Attorney General or who otherwise come tions under the Immigration and Nationality into the custody of the Department of Justice; (e) OFFICE OF THE OMBUDSMAN.— Act (8 U.S.C. 1101 et seq.) from the authority of (iv) implementing the placement determina- (1) ESTABLISHMENT.— any official of the Office of the Associate Attor- tions made by the Office; (A) IN GENERAL.—There is established in the (v) implementing policies with respect to the ney General for Immigration Affairs, the Bu- Office of the Associate Attorney General for Im- care and placement of unaccompanied alien reau of Citizenship and Immigration Services, migration Affairs an office to be known as the children; the Bureau of Immigration Enforcement, the Ex- ‘‘Office of the Ombudsman’’. (vi) identifying a sufficient number of quali- ecutive Office of Immigration Review, or the De- (B) OMBUDSMAN.— fied individuals, entities, and facilities to house partment of State. (i) IN GENERAL.—The Office of the Ombuds- unaccompanied alien children; (4) DEFINITION.—As used in this subsection— man shall be under the supervision and direc- (vii) overseeing the infrastructure and per- (A) the term ‘‘placement’’ means the place- tion of an official to be known as the ‘‘Ombuds- sonnel of facilities in which unaccompanied ment of an unaccompanied alien child in either man’’. The Ombudsman shall report directly to alien children reside; a detention facility or an alternative to such a the Associate Attorney General for Immigration (viii) reuniting unaccompanied alien children facility; and Affairs. with a parent abroad in appropriate cases; (B) the term ‘‘unaccompanied alien child’’ (ii) QUALIFICATIONS.—The Ombudsman shall (ix) compiling, updating, and publishing at means a child who— have a background in customer service as well least annually a state-by-state list of profes- (i) has no lawful immigration status in the as immigration law. sionals or other entities qualified to provide United States; (2) FUNCTIONS OF OFFICE.—The Ombudsman guardian and attorney representation services (ii) has not attained 18 years of age; and shall perform the functions described in section for unaccompanied alien children; (iii) with respect to whom— 5. (x) maintaining statistical information and (I) there is no parent or legal guardian in the (f) OFFICE OF PROFESSIONAL RESPONSIBILITY other data on unaccompanied alien children in United States; or AND QUALITY REVIEW.— the Office’s custody and care, which shall (II) no parent or legal guardian in the United (1) IN GENERAL.—There is established in the include— States is available to provide care and physical Office of the Associate Attorney General for Im- (I) biographical information, such as a child’s custody. migration Affairs an office to be known as the name, gender, date of birth, country of birth, (h) TRANSFER OF FUNCTIONS OF OFFICE OF IM- ‘‘Office of Professional Responsibility and Qual- and country of habitual residence; MIGRATION LITIGATION.—There are transferred April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1645

from the Assistant Attorney General, Civil Divi- sible for administering student visa programs (g) OFFICE OF CITIZENSHIP.—There is estab- sion, to the Associate Attorney General for Im- and the Student and Exchange Visitor Informa- lished in the Bureau of Citizenship and Immi- migration Affairs all functions performed by the tion System established under section 641 of the gration Services an office to be known as the Office of Immigration Litigation, and all per- Illegal Immigration Reform and Immigrant Re- ‘‘Office of Citizenship’’. The head of such office sonnel, infrastructure, and funding provided to sponsibility Act of 1996 (8 U.S.C. 1372), and suc- shall be the Chief of the Office of Citizenship. the Assistant Attorney General, Civil Division, cessor programs and systems, until September The Chief shall be responsible for promoting in- in support of such functions, immediately before 30, 2004. The Director may continue such policy struction and training on citizenship respon- the effective date specified in section 15(a). The after September 30, 2004, at the Director’s discre- sibilities for aliens interested in becoming natu- Associate Attorney General for Immigration Af- tion. The Director shall provide any information ralized citizens of the United States, including fairs may, in the Associate Attorney General’s collected by the Student and Exchange Visitor the development of educational materials. discretion, charge the General Counsel to the Information System to the Director of the Bu- (h) SECTORS.—Headed by sector directors, and Associate Attorney General for Immigration Af- reau of Immigration Enforcement that is nec- located in appropriate geographic locations, sec- fairs with such functions. essary for the performance of the functions of tors of the Bureau of Citizenship and Immigra- (i) EMPLOYEE DISCIPLINE FOR WILLFUL DE- the Bureau of Immigration Enforcement. tion Services shall be responsible for directing CEIT.—The Associate Attorney General for Im- (b) TRANSFER OF FUNCTIONS FROM COMMIS- all aspects of the operations of the Bureau of migration Affairs may, notwithstanding any SIONER.—There are transferred from the Com- Citizenship and Immigration Services within other provision of law, impose disciplinary ac- missioner of the Immigration and Naturalization their assigned geographic areas of activity. Sec- tion, including termination of employment, pur- Service to the Director of the Bureau of Citizen- tor directors shall provide general guidance and suant to policies and procedures applicable to ship and Immigration Services the following supervision to the field offices of the Bureau of employees of the Federal Bureau of Investiga- functions, and all personnel, infrastructure, Citizenship and Immigration Services within tion, on any employee of the Office of the Asso- and funding provided to the Commissioner in their sectors. ciate Attorney General for Immigration Affairs, support of such functions immediately before (i) FIELD OFFICES.—Headed by field directors, the Bureau of Citizenship and Immigration the effective date specified in section 15(a): who may be assisted by deputy field directors, Services, or the Bureau of Immigration Enforce- (1) Adjudications of nonimmigrant and immi- field offices of the Bureau of Citizenship and ment who willfully deceives the Congress or grant visa petitions. Immigration Services shall be responsible for as- agency leadership on any matter. (2) Adjudications of naturalization petitions. sisting the Director of the Bureau of Citizenship (j) REFERENCES.—With respect to any function (3) Adjudications of asylum and refugee appli- and Immigration Services in carrying out the transferred by this section or Act to, and exer- cations. Director’s functions. Field directors shall be cised on or after the effective date specified in (4) Adjudications performed at service centers. subject to the general supervision and direction section 15(a) by, the Associate Attorney General (5) All other adjudications performed by the of their respective sector director, except that for Immigration Affairs or any other official Immigration and Naturalization Service imme- field directors outside of the United States shall whose functions are described in this section, diately before the effective date specified in sec- be subject to the general supervision and direc- any reference in any other Federal law, Execu- tion 15(a). tion of the Director of the Bureau of Citizenship tive order, rule, regulation, or delegation of au- (c) OFFICE OF POLICY AND STRATEGY.—There and Immigration Services. All field directors thority, or any document of or pertaining to a is established in the Bureau of Citizenship and shall remain accountable to, and receive their component of government from which such Immigration Services an office to be known as authority from, the Director of the Bureau of function is transferred— the ‘‘Office of Policy and Strategy’’. The head Citizenship and Immigration Services, in order (1) to the head of such component is deemed of the Office of Policy and Strategy shall be the to ensure consistent application and implemen- to refer to the Associate Attorney General for Chief of the Office of Policy and Strategy. In tation of policies nationwide. Immigration Affairs; or consultation with Bureau of Citizenship and (j) SERVICE CENTERS.—Headed by service cen- (2) to such component is deemed to refer to the Immigration Services personnel in field offices, ter directors, service centers of the Bureau of Office of the Associate Attorney for Immigration the Chief of the Office of Policy and Strategy Citizenship and Immigration Services shall be Affairs. shall be responsible for— responsible for assisting the Director of the Bu- SEC. 4. ESTABLISHMENT OF BUREAU OF CITIZEN- (1) establishing national immigration services reau of Citizenship and Immigration Services in SHIP AND IMMIGRATION SERVICES. policies and priorities; carrying out the Director’s functions that can (a) ESTABLISHMENT OF BUREAU.— (2) performing policy research and analysis on be effectively carried out at remote locations. (1) IN GENERAL.—There is established in the immigration services issues; and Service center directors are subject to the gen- Department of Justice a bureau to be known as (3) coordinating immigration policy issues eral supervision and direction of their respective the ‘‘Bureau of Citizenship and Immigration with the Chief of the Office of Policy and Strat- sector director, except that all service center di- Services’’. egy for the Bureau of Immigration Enforcement rectors shall remain accountable to, and receive (2) DIRECTOR.—The head of the Bureau of and the Associate Attorney General for Immi- their authority from, the Director of the Bureau Citizenship and Immigration Services shall be gration Affairs through the Policy Advisor for of Citizenship and Immigration Services, in the Director of the Bureau of Citizenship and the Associate Attorney General for Immigration order to ensure consistent application and im- Immigration Services, who— Affairs, as appropriate. plementation of policies nationwide. (A) shall report directly to the Associate At- (d) LEGAL ADVISOR.—There may be a position (k) TRANSFER AND REMOVAL.—Notwith- torney General for Immigration Affairs; and of Legal Advisor for the Bureau of Citizenship standing any other provision of law, the Direc- (B) shall have a minimum of 10 years profes- and Immigration Services. tor of the Bureau of Citizenship and Immigra- sional experience in the rendering of adjudica- (e) CHIEF BUDGET OFFICER FOR BUREAU OF tion Services may, in the Director’s discretion, tions on the provision of government benefits or CITIZENSHIP AND IMMIGRATION SERVICES.—There transfer or remove any sector director, field di- services, at least 5 of which shall have been shall be a position of Chief Budget Officer for rector, or service center director. years of service in a managerial capacity or in the Bureau of Citizenship and Immigration (l) MISSION.—It shall be the mission of the a position affording comparable management ex- Services. The Chief Budget Officer shall be re- field offices and service centers of the Bureau of perience. sponsible for formulating and executing the Citizenship and Immigration Services to directly (3) FUNCTIONS.—The Director of the Bureau of budget of the Bureau of Citizenship and Immi- and consistently follow all instructions and Citizenship and Immigration Services— gration Services. The Chief Budget Officer shall guidelines of the Director of the Bureau of Citi- (A) shall establish the policies for performing report to the Director of the Bureau of Citizen- zenship and Immigration Services and the Asso- such functions as are transferred to the Director ship and Immigration Services and shall provide ciate Attorney General for Immigration Affairs by this section or this Act or otherwise vested in information to, and coordinate resolution of rel- in order to ensure the development of a cohesive the Director by law; evant issues with, the Chief Financial Officer and consistent national immigration policy. (B) shall oversee the administration of such for the Associate Attorney General for Immigra- (m) REFERENCES.—With respect to any func- policies; tion Affairs. tion transferred by this section or Act to, and (C) shall advise the Associate Attorney Gen- (f) OFFICE OF CONGRESSIONAL, INTERGOVERN- exercised on or after the effective date specified eral for Immigration Affairs with respect to any MENTAL, AND PUBLIC AFFAIRS.—There is estab- in section 15(a) by, the Director of the Bureau policy or operation of the Bureau of Citizenship lished in the Bureau of Citizenship and Immi- of Citizenship and Immigration Services, any and Immigration Services that may affect the gration Services an office to be known as the reference in any other Federal law, Executive Bureau of Immigration Enforcement, including ‘‘Office of Congressional, Intergovernmental, order, rule, regulation, or delegation of author- potentially conflicting policies or operations; and Public Affairs’’. The head of such office ity, or any document of or pertaining to a com- (D) shall meet regularly with the Ombudsman shall be the Chief of the Office of Congressional, ponent of government from which such function to correct serious service problems identified by Intergovernmental, and Public Affairs. The is transferred— the Ombudsman; and Chief shall be responsible for— (1) to the head of such component is deemed (E) shall establish procedures requiring a for- (1) providing information relating to immigra- to refer to the Director of the Bureau of Citizen- mal response to any recommendations submitted tion services to the Congress, including informa- ship and Immigration Services; or in the Ombudsman’s annual report to the Con- tion on specific cases relating to immigration (2) to such component is deemed to refer to the gress within 3 months after its submission to the services; Bureau of Citizenship and Immigration Services. Congress. (2) serving as a liaison with other Federal SEC. 5. OFFICE OF THE OMBUDSMAN. (4) STUDENT VISA PROGRAMS.—The Director of agencies on immigration services issues; and (a) FUNCTIONS.—It shall be the function of the the Bureau of Citizenship and Immigration (3) responding to inquiries from the media and Office of the Ombudsman established under sec- Services shall designate an official to be respon- general public on immigration services issues. tion 3— H1646 CONGRESSIONAL RECORD — HOUSE April 25, 2002 (1) to assist individuals and employers in re- (A) to appoint local ombudsmen and make (3) The intelligence program. solving problems with the Bureau of Citizenship available at least 1 such ombudsman for each (4) The investigations program. and Immigration Services; State; and (5) The inspections program. (2) to identify areas in which individuals and (B) to evaluate and take personnel actions (c) OFFICE OF POLICY AND STRATEGY.—There employers have problems in dealing with the (including dismissal) with respect to any em- is established in the Bureau of Immigration En- Bureau of Citizenship and Immigration Services; ployee of any local office of the Ombudsman. forcement an office to be known as the ‘‘Office (3) to the extent possible, to propose changes (2) CONSULTATION.—The Ombudsman may of Policy and Strategy’’. The head of the Office in the administrative practices of the Bureau of consult with the appropriate supervisory per- of Policy and Strategy shall be the Chief of the Citizenship and Immigration Services to mitigate sonnel of the Bureau of Citizenship and Immi- Office of Policy and Strategy. In consultation problems identified under paragraph (2); and gration Services in carrying out the Ombuds- with Bureau of Immigration Enforcement per- (4) to identify potential legislative changes man’s responsibilities under this subsection. sonnel in field offices, the Chief of the Office of that may be appropriate to mitigate such prob- (e) RESPONSIBILITIES OF BUREAU OF CITIZEN- Policy and Strategy shall be responsible for— lems. SHIP AND IMMIGRATION SERVICES.—The Director (1) establishing national immigration enforce- (b) ANNUAL REPORTS.— of the Bureau of Citizenship and Immigration ment policies and priorities; (1) OBJECTIVES.—Not later than June 30 of Services shall establish procedures requiring a (2) performing policy research and analysis on each calendar year, the Ombudsman shall re- formal response to all recommendations sub- immigration enforcement issues; and port to the Committee on the Judiciary of the mitted to such director by the Ombudsman with- (3) coordinating immigration policy issues United States House of Representatives and the in 3 months after submission to such director. with the Chief of the Office of Policy and Strat- Senate on the objectives of the Office of the Om- (f) OPERATION OF LOCAL OFFICES.— egy for the Bureau of Citizenship and Immigra- budsman for the fiscal year beginning in such (1) IN GENERAL.—Each local ombudsman— tion Services and the Associate Attorney Gen- calendar year. Any such report shall contain (A) shall report to the Ombudsman or the del- eral for Immigration Affairs through the Policy full and substantive analysis, in addition to sta- egate thereof; Advisor for the Associate Attorney General for tistical information, and— (B) may consult with the appropriate super- Immigration Affairs, as appropriate. (A) shall identify the initiatives the Office of visory personnel of the Bureau of Citizenship (d) LEGAL ADVISOR.—There may be a position the Ombudsman has taken on improving serv- and Immigration Services regarding the daily of Legal Advisor for the Bureau of Immigration ices and responsiveness of the Bureau of Citi- operation of the local office of such ombudsman; Enforcement. zenship and Immigration Services; (C) shall, at the initial meeting with any indi- (e) CHIEF BUDGET OFFICER FOR THE BUREAU (B) shall contain a summary of the most per- vidual or employer seeking the assistance of OF IMMIGRATION ENFORCEMENT.—There shall be vasive and serious problems encountered by in- such local office, notify such individual or em- a position of Chief Budget Officer for the Bu- dividuals and employers, including a description ployer that the local offices of the Ombudsman reau of Immigration Enforcement. The Chief of the nature of such problems; operate independently of any other component Budget Officer shall be responsible for formu- (C) shall contain an inventory of the items de- in the Office of the Associate Attorney General lating and executing the budget of the Bureau scribed in subparagraphs (A) and (B) for which for Immigration Affairs and report directly to of Immigration Enforcement. The Chief Budget action has been taken and the result of such ac- the Congress through the Ombudsman; and Officer shall report to the Director of the Bu- tion; (D) at the local ombudsman’s discretion, may reau of Immigration Enforcement and shall pro- (D) shall contain an inventory of the items de- determine not to disclose to the Bureau of Citi- vide information to, and coordinate resolution scribed in subparagraphs (A) and (B) for which zenship and Immigration Services contact with, of relevant issues with, the Chief Financial Of- action remains to be completed and the period or information provided by, such individual or ficer for the Associate Attorney General for Im- during which each item has remained on such employer. migration Affairs. inventory; (2) MAINTENANCE OF INDEPENDENT COMMU- (f) OFFICE OF CONGRESSIONAL, INTERGOVERN- (E) shall contain an inventory of the items de- NICATIONS.—Each local office of the Ombuds- MENTAL, AND PUBLIC AFFAIRS.—There is estab- scribed in subparagraphs (A) and (B) for which man shall maintain a phone, facsimile, and lished in the Bureau of Immigration Enforce- no action has been taken, the period during other means of electronic communication access, ment an office to be known as the ‘‘Office of which each item has remained on such inven- and a post office address, that is separate from Congressional, Intergovernmental, and Public tory, the reasons for the inaction, and shall those maintained by the Bureau of Citizenship Affairs’’. The head of such office shall be the identify any official of the Bureau of Citizen- and Immigration Services, or any component of Chief of the Office of Congressional, Intergov- ship and Immigration Services who is respon- the Bureau of Citizenship and Immigration ernmental, and Public Affairs. The Chief shall sible for such inaction; Services. be responsible for— (F) shall contain recommendations for such (1) providing information relating to immigra- administrative and legislative action as may be SEC. 6. ESTABLISHMENT OF BUREAU OF IMMI- GRATION ENFORCEMENT. tion enforcement to the Congress, including in- appropriate to resolve problems encountered by formation on specific cases relating to immigra- individuals and employers, including problems (a) ESTABLISHMENT OF BUREAU.— (1) IN GENERAL.—There is established in the tion enforcement; created by excessive backlogs in the adjudica- (2) serving as a liaison with other Federal tion and processing of immigration benefit peti- Department of Justice a bureau to be known as the ‘‘Bureau of Immigration Enforcement’’. agencies on immigration enforcement issues; and tions and applications; and (3) responding to inquiries from the media and (G) shall include such other information as (2) DIRECTOR.—The head of the Bureau of Im- migration Enforcement shall be the Director of the general public on immigration enforcement the Ombudsman may deem advisable. issues. (2) REPORT TO BE SUBMITTED DIRECTLY.— the Bureau of Immigration Enforcement, who— (g) SECTORS.—Headed by sector directors, and Each report required under this subsection shall (A) shall report directly to the Associate At- located in appropriate geographic locations, sec- be provided directly to the committees described torney General for Immigration Affairs; and tors of the Bureau of Immigration Enforcement in paragraph (1) without any prior review or (B) shall have a minimum of 10 years profes- shall be responsible for directing all aspects of comment from the Attorney General, Associate sional experience in law enforcement, at least 5 the operations of the Bureau of Immigration En- Attorney General for Immigration Affairs, any of which shall have been years of service in a forcement within their assigned geographic other officer or employee of the Department of managerial capacity. areas of activity. Sector directors shall provide Justice or the Office of Management and Budg- (3) FUNCTIONS.—The Director of the Bureau of general guidance and supervision to the field of- et. Immigration Enforcement— fices of the Bureau of Immigration Enforcement (c) OTHER RESPONSIBILITIES.—The (A) shall establish the policies for performing within their sectors. Ombudsman— such functions as are transferred to the Director IELD OFFICES.—Headed by field directors, (1) shall monitor the coverage and geographic by this section or this Act or otherwise vested in (h) F who may be assisted by deputy field directors, allocation of local offices of the Ombudsman; the Director by law; (2) shall develop guidance to be distributed to (B) shall oversee the administration of such field offices of the Bureau of Immigration En- all officers and employees of the Bureau of Citi- policies; and forcement shall be responsible for assisting the zenship and Immigration Services outlining the (C) shall advise the Associate Attorney Gen- Director of the Bureau of Immigration Enforce- criteria for referral of inquiries to local offices of eral for Immigration Affairs with respect to any ment in carrying out the Director’s functions. the Ombudsman; policy or operation of the Bureau of Immigra- Field directors shall be subject to the general su- (3) shall ensure that the local telephone num- tion Enforcement that may affect the Bureau of pervision and direction of their respective sector ber for each local office of the Ombudsman is Citizenship and Immigration Services, including director, except that field directors outside of published and available to individuals and em- potentially conflicting policies or operations. the United States shall be subject to the general ployers served by the office; and (b) TRANSFER OF FUNCTIONS.—There are supervision and direction of the Director of the (4) shall meet regularly with the Director of transferred from the Commissioner of the Immi- Bureau of Immigration Enforcement. All field the Bureau of Citizenship and Immigration gration and Naturalization Service to the Direc- directors shall remain accountable to, and re- Services to identify serious service problems and tor of the Bureau of Immigration Enforcement ceive their authority from, the Director of the to present recommendations for such adminis- all functions performed under the following pro- Bureau of Immigration Enforcement, in order to trative action as may be appropriate to resolve grams, and all personnel, infrastructure, and ensure consistent application and implementa- problems encountered by individuals and em- funding provided to the Commissioner in sup- tion of policies nationwide. There shall be a ployers. port of such programs immediately before the ef- field office of the Bureau of Immigration En- (d) PERSONNEL ACTIONS.— fective date specified in section 15(a): forcement situated in at least every location (1) IN GENERAL.—The Ombudsman shall have (1) The Border Patrol program. where there is situated a field office of the Bu- the responsibility and authority— (2) The detention and removal program. reau of Citizenship and Immigration Services. April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1647

(i) BORDER PATROL SECTORS.—Headed by trolled by the Office of the Associate Attorney shall continue in effect according to their terms chief patrol agents, who may be assisted by dep- General for Immigration Affairs, the Bureau of until modified, terminated, superseded, set uty chief patrol agents, border patrol sectors of Citizenship and Immigration Services, the Bu- aside, or revoked in accordance with law by the the Bureau of Immigration Enforcement shall be reau of Immigration Enforcement, and the Exec- President, any other authorized official, a court responsible for the enforcement of the Immigra- utive Office for Immigration Review, respec- of competent jurisdiction, or operation of law. tion and Nationality Act (8 U.S.C. 1101 et seq.) tively, for the purpose of meeting the respon- (b) PROCEEDINGS.—Sections 4 and 6 and this and all other laws relating to immigration and sibilities of the Director.’’. section shall not affect any proceedings or any naturalization within their assigned geographic (b) TRANSFER OF FUNCTIONS.—There are application for any benefit, service, license, per- areas of activity, unless any such power and transferred to the Office of Immigration Statis- mit, certificate, or financial assistance pending authority is required to be exercised by higher tics established under section 305 of the Omni- on the effective date specified in section 15(a) authority or has been exclusively delegated to bus Crime Control and Safe Streets Act of 1968, before an office whose functions are transferred another immigration official or class of immigra- as added by subsection (a), the functions per- by this Act, but such proceedings and applica- tion officer. Chief patrol agents are subject to formed by the Statistics Branch of the Office of tions shall be continued. Orders shall be issued the general supervision and direction of their re- Policy and Planning of the Immigration and in such proceedings, appeals shall be taken spective sector director, except that they shall Naturalization Service on the day before the ef- therefrom, and payments shall be made pursu- remain accountable to, and receive their author- fective date specified in section 15(a). ant to such orders, as if this Act had not been ity from, the Director of the Bureau of Immigra- (c) CONFORMING AMENDMENTS.—Section 302(c) enacted, and orders issued in any such pro- tion Enforcement, in order to ensure consistent of the Omnibus Crime Control and Safe Streets ceeding shall continue in effect until modified, application and implementation of policies na- Act of 1968 (42 U.S.C. 3732(c)) is amended— terminated, superseded, or revoked by a duly tionwide. (1) by striking ‘‘and’’ at the end of paragraph authorized official, by a court of competent ju- (j) TRANSFER AND REMOVAL.—Notwith- (22); risdiction, or by operation of law. Nothing in standing any other provision of law, the Direc- (2) by striking the period at the end of para- this section shall be considered to prohibit the tor of the Bureau of Immigration Enforcement graph (23) and inserting ‘‘; and’’; and discontinuance or modification of any such pro- may, in the Director’s discretion, transfer or re- (3) by adding at the end the following: ceeding under the same terms and conditions move any sector director, field director, or chief ‘‘(24) collect, maintain, compile, analyze, pub- and to the same extent that such proceeding patrol officer. lish, and disseminate information and statistics could have been discontinued or modified if this (k) REFERENCES.—With respect to any func- about immigration in the United States, includ- section had not been enacted. tion transferred by this section or Act to, and ing information and statistics involving the (c) SUITS.—This Act shall not affect suits com- exercised on or after the effective date specified functions of the Office of the Associate Attorney menced before the effective date specified in sec- in section 15(a) by, the Director of the Bureau General for Immigration Affairs, the Bureau of tion 15(a), and in all such suits, proceedings of Immigration Enforcement, any reference in Citizenship and Immigration Services, the Bu- shall be had, appeals taken, and judgments ren- any other Federal law, Executive order, rule, reau of Immigration Enforcement, and the Exec- dered in the same manner and with the same ef- regulation, or delegation of authority, or any utive Office for Immigration Review.’’. fect as if this Act had not been enacted. (d) NONABATEMENT OF ACTIONS.—No suit, ac- document of or pertaining to a component of SEC. 8. EXERCISE OF AUTHORITIES. tion, or other proceeding commenced by or government from which such function is (a) IN GENERAL.—Except as otherwise pro- against the Department of Justice or the Immi- transferred— vided by law, a Federal official to whom a func- gration and Naturalization Service, or by or (1) to the head of such component is deemed tion is transferred by this Act may, for purposes against any individual in the official capacity to refer to the Director of the Bureau of Immi- of performing the function, exercise all authori- of such individual as an officer or employee in gration Enforcement; or ties under any other provision of law that were connection with a function transferred by this (2) to such component is deemed to refer to the available with respect to the performance of Act, shall abate by reason of the enactment of Bureau of Immigration Enforcement. that function to the official responsible for the this Act. SEC. 7. OFFICE OF IMMIGRATION STATISTICS performance of the function immediately before (e) CONTINUANCE OF SUITS.—If any Govern- WITHIN BUREAU OF JUSTICE STA- the effective date specified in section 15(a). ment officer in the official capacity of such offi- TISTICS. (b) PRESERVATION OF ATTORNEY GENERAL’S cer is party to a suit with respect to a function (a) IN GENERAL.—Part C of title I of the Om- AUTHORITY.— of the officer, and under this Act (or an amend- nibus Crime Control and Safe Streets Act of 1968 (1) IN GENERAL.—Any function for which this ment made by this Act) such function is trans- (42 U.S.C. 3731 et seq.) is amended by adding at Act vests responsibility in an official other than ferred to any other officer or office, then such the end the following: the Attorney General, or which is transferred by suit shall be continued with the other officer or ‘‘OFFICE OF IMMIGRATION STATISTICS this Act to such an official, may, notwith- the head of such other office, as applicable, sub- ‘‘SEC. 305. (a) There is established within the standing any provision of this Act, be performed stituted or added as a party. Bureau of Justice Statistics of the Department by the Attorney General, or the Attorney Gen- (f) ADMINISTRATIVE PROCEDURE AND JUDICIAL of Justice an Office of Immigration Statistics (in eral’s delegate, in lieu of such official. REVIEW.—Except as otherwise provided by this this section referred to as the ‘Office’), which (2) REFERENCES.—In a case in which the At- Act, any statutory requirements relating to no- shall be headed by a Director who shall be ap- torney General performs a function described in tice, hearings, action upon the record, or admin- pointed by the Attorney General and who shall paragraph (1), any reference in any other Fed- istrative or judicial review that apply to any report to the Director of Justice Statistics. eral law, Executive order, rule, regulation, doc- function transferred by this Act shall apply to ‘‘(b) The Director of the Office shall be re- ument, or delegation of authority to the official the exercise of such function by the head of the sponsible for the following: otherwise responsible for the function is deemed office, and other officers of the office, to which ‘‘(1) Maintenance of all immigration statis- to refer to the Attorney General. such function is transferred by this Act. tical information of the Office of the Associate (c) STATUTORY CONSTRUCTION.—Nothing in SEC. 10. TRANSFER AND ALLOCATION OF APPRO- Attorney General for Immigration Affairs, the this Act may be construed to preclude or limit in PRIATIONS AND PERSONNEL. Bureau of Citizenship and Immigration Services, any way the powers, authorities, or duties of (a) IN GENERAL.—The personnel of the De- the Bureau of Immigration Enforcement, and the Secretary of State and special agents of the partment of Justice employed in connection with the Executive Office for Immigration Review. Department of State and the Foreign Service the functions transferred by this Act (and func- Such statistical information shall include infor- under the State Department Basic Authorities tions that the Attorney General determines are mation and statistics of the type contained in Act of 1956 (22 U.S.C. 2651 note), the Immigra- properly related to the functions of the Bureau the publication entitled ‘Statistical Yearbook of tion and Nationality Act (8 U.S.C. 1101 et seq.), of Citizenship and Immigration Services or the the Immigration and Naturalization Service’ or any other Act, to investigate illegal passport Bureau of Immigration Enforcement and would, prepared by the Immigration and Naturalization or visa issuance or use. if transferred, further the purposes of the bu- Service (as in effect on the day prior to the ef- SEC. 9. SAVINGS PROVISIONS. reau to which the function is transferred), and fective date specified in section 15(a) of the Bar- (a) LEGAL DOCUMENTS.—All orders, deter- the assets, liabilities, contracts, property, bara Jordan Immigration Reform and Account- minations, rules, regulations, permits, grants, records, and unexpended balance of appropria- ability Act of 2002). loans, contracts, agreements, recognition of tions, authorizations, allocations, and other ‘‘(2) Establishment of standards of reliability labor organizations, certificates, licenses, and funds employed, held, used, arising from, avail- and validity for immigration statistics collected privileges— able to, or to be made available to, the Immigra- by the Office of the Associate Attorney General (1) that have been issued, made, granted, or tion and Naturalization Service or the Office of for Immigration Affairs, the Bureau of Citizen- allowed to become effective by the President, the Immigration Litigation of the Civil Division in ship and Immigration Services, the Bureau of Attorney General, the Commissioner of the Im- connection with the functions transferred by Immigration Enforcement, and the Executive migration and Naturalization Service, their del- this Act, subject to section 202 of the Budget Office for Immigration Review. egates, or any other Government official, or by and Accounting Procedures Act of 1950, shall be ‘‘(c) The Office of the Associate Attorney Gen- a court of competent jurisdiction, in the per- transferred to the Associate Attorney General eral for Immigration Affairs, the Bureau of Citi- formance of any function that is transferred by for Immigration Affairs for allocation to the ap- zenship and Immigration Services, the Bureau this Act; and propriate component or bureau. Unexpended of Immigration Enforcement, and the Executive (2) that are in effect on the effective date of funds transferred pursuant to this subsection Office for Immigration Review shall provide sta- such transfer (or become effective after such shall be used only for the purposes for which tistical information to the Office of Immigration date pursuant to their terms as in effect on such the funds were originally authorized and appro- Statistics from the operational data systems con- effective date), priated. The Attorney General shall have the H1648 CONGRESSIONAL RECORD — HOUSE April 25, 2002

right to adjust or realign transfers of funds and (3) TRANSITION ACCOUNT.— (e) ELIMINATION OF LIMITATION ON EXPENDI- personnel effected pursuant to this Act for a pe- (A) ESTABLISHMENT.—There is established in TURES FOR BACKLOG REDUCTION.—Section 204(b) riod of 2 years after the effective date specified the general fund of the Treasury of the United of the Immigration Services and Infrastructure in section 15(a). States a separate account, which shall be Improvements Act of 2000 (8 U.S.C. 1573(b)) is (b) DELEGATION AND ASSIGNMENT.—Except as known as the ‘‘Immigration Reorganization amended by striking paragraph (4). otherwise expressly prohibited by law or other- Transition Account’’ (in this paragraph referred SEC. 12. REPORTS AND IMPLEMENTATION PLANS. wise provided in this Act, of the Associate Attor- to as the ‘‘Account’’). (a) DIVISION OF FUNDS.—The Attorney Gen- ney General for Immigration Affairs, the Direc- (B) USE OF ACCOUNT.—There shall be depos- eral, not later than 120 days after the date of tor of the Bureau of Citizenship and Immigra- ited into the Account all amounts appropriated tion Services, and the Director of the Bureau of under paragraph (1). the enactment of this Act, shall submit to the Immigration Enforcement, the person to whom (C) ADVANCED AVAILABILITY OF FUNDS.—To Committees on Appropriations and the Judiciary functions are transferred under this Act may the extent provided in appropriations Acts, of the United States House of Representatives delegate any of the functions so transferred to funds in the Account shall be available for ex- and of the Senate a report on the proposed divi- such officers and employees of the Office of the penditure before the effective date specified in sion and transfer of funds, including unex- Associate Attorney General for Immigration Af- section 15(a). pended funds, appropriations, and fees, among fairs, the Bureau of Citizenship and Immigra- (b) SEPARATION OF FUNDING.— the Office of the Associate Attorney General for tion Services, or the Bureau of Immigration En- (1) IN GENERAL.—There shall be established Immigration Affairs, the Bureau of Citizenship forcement, respectively, as the person may des- separate accounts in the Treasury of the United and Immigration Services, and the Bureau of ignate, and may authorize successive redelega- States for appropriated funds and other deposits Immigration Enforcement. tions of such functions as may be necessary or available for the Bureau of Citizenship and Im- (b) DIVISION OF PERSONNEL.—The Attorney appropriate. No delegation of functions under migration Services and the Bureau of Immigra- General, not later than 120 days after the date this subsection or under any other provision of tion Enforcement. of the enactment of this Act, shall submit to the (2) SEPARATE BUDGETS.—To ensure that the this Act shall relieve the official to whom a Committees on Appropriations and the Judiciary Bureau of Citizenship and Immigration Services function is transferred under this Act of respon- of the United States House of Representatives and the Bureau of Immigration Enforcement are sibility for the administration of the function. and of the Senate a report on the proposed divi- (c) AUTHORITIES OF ATTORNEY GENERAL.—The funded to the extent necessary to fully carry out sion of personnel among the Office of the Asso- Attorney General (or a delegate of the Attorney their respective functions, the Director of the ciate Attorney General for Immigration Affairs, General), at such time or times as the Attorney Office of Management and Budget shall sepa- the Bureau of Citizenship and Immigration General (or the delegate) shall provide, may rate the budget requests for each such entity. Services, and the Bureau of Immigration En- EES.—Fees imposed for a particular serv- make such determinations as may be necessary (3) F forcement. ice, application, or benefit shall be deposited with regard to the functions transferred by this (c) IMPLEMENTATION PLAN.— into the account established under paragraph Act, and may make such additional incidental (1) that is for the bureau with jurisdiction over (1) IN GENERAL.—The Attorney General, not dispositions of personnel, assets, liabilities, the function to which the fee relates. later than 120 days after the date of the enact- grants, contracts, property, records, and unex- (4) FEES NOT TRANSFERABLE.—No fee may be ment of this Act, and every 6 months thereafter pended balances of appropriations, authoriza- transferred between the Bureau of Citizenship until the termination of fiscal year 2005, shall tions, allocations, and other funds held, used, and Immigration Services and the Bureau of Im- submit to the Committees on Appropriations and arising from, available to, or to be made avail- migration Enforcement for purposes not author- the Judiciary of the United States House of Rep- able in connection with such functions, as may ized by section 286 of the Immigration and Na- resentatives and of the Senate an implementa- be necessary to carry out the provisions of this tionality Act (8 U.S.C. 1356). tion plan to carry out this Act. Act. The Attorney General shall provide for (5) ESTABLISHMENT OF FEES FOR ADJUDICATION (2) CONTENTS.—The implementation plan such further measures and dispositions as may AND NATURALIZATION SERVICES.—Section 286(m) should include details concerning the separation be necessary to effectuate the purposes of this of the Immigration and Nationality Act (8 of the Office of the Associate Attorney General Act. U.S.C. 1356(m)) is amended by striking ‘‘serv- for Immigration Affairs, the Bureau of Citizen- (d) DATABASES.—The Associate Attorney Gen- ship and Immigration Services, and the Bureau eral for Immigration Affairs shall ensure that ices, including the costs of similar services pro- of Immigration Enforcement, including the fol- the databases of the Office of the Associate At- vided without charge to asylum applicants or lowing: torney General for Immigration Affairs and other immigrants.’’ and inserting ‘‘services.’’. (6) AUTHORIZATION OF APPROPRIATIONS FOR (A) Organizational structure, including the those of the Bureau of Citizenship and Immigra- REFUGEE AND ASYLUM ADJUDICATIONS.—There field structure. tion Services and the Bureau of Immigration are authorized to be appropriated such sums as Enforcement are integrated with the databases (B) Chain of command. may be necessary to carry out the provisions of of the Executive Office for Immigration Review (C) Procedures for interaction among such of- sections 207 through 209 of the Immigration and in such a way as to permit— fice and bureaus. (1) the electronic docketing of each case by Nationality Act (8 U.S.C. 1157–1159). All funds (D) Procedures for the Director of Shared date of service upon the alien of the notice to appropriated under this paragraph shall be de- Services to perform all shared support functions, appear in the case of a removal proceeding (or posited into the Immigration Examinations Fee including authorizing the Director of the Bu- an order to show cause in the case of a deporta- Account established under section 286(m) of the reau of Citizenship and Immigration Services tion proceeding, or a notice to alien in the case Immigration and Nationality Act (8 U.S.C. and the Director of the Bureau of Immigration of an exclusion proceeding); and 1356(m)) and shall remain available until ex- Enforcement to approve training curricula and (2) the tracking of the status of any alien pended. to acquire such supplies and equipment as may throughout the alien’s contact with United (c) LEASING OR ACQUISITION OF PROPERTY.— be necessary to perform the daily operations of States immigration authorities, without regard Notwithstanding the Federal Property and Ad- that director’s bureau. to whether the entity with jurisdiction over the ministrative Services Act of 1949 (40 U.S.C. 471 et (E) Procedures to establish separate accounts alien is the Bureau of Citizenship and Immigra- seq.), the Attorney General is authorized to ex- and financial management systems for the Bu- tion Services, the Bureau of Immigration En- pend, from the appropriation provided for the reau of Citizenship and Immigration Services forcement, or the Executive Office for Immigra- administration and enforcement of the Immigra- and the Bureau of Immigration Enforcement, tion Review. tion and Nationality Act (8 U.S.C. 1101 et seq.), and to implement all provisions of section 11(b). SEC. 11. AUTHORIZATION OF APPROPRIATIONS; such amounts as may be necessary for the leas- (F) Fraud detection and investigation. ing or acquisition of property in the fulfillment PROHIBITION ON TRANSFER OF (G) The processing and handling of removal of establishing the Office of the Associate Attor- FEES; LEASING OR ACQUISITION OF proceedings, including expedited removal and PROPERTY; SENSE OF CONGRESS. ney General for Immigration Affairs, the Bu- applications for relief from removal. (a) AUTHORIZATION OF APPROPRIATIONS FOR reau of Citizenship and Immigration Services, (H) Recommendations for conforming amend- TRANSITION.— and the Bureau of Immigration Enforcement ments to the Immigration and Nationality Act (8 (1) IN GENERAL.—There are authorized to be under this Act. U.S.C. 1101 et seq.). appropriated such sums as may be necessary to (d) SENSE OF CONGRESS.—It is the sense of the effect the abolition of the Immigration and Nat- Congress that— (I) Establishment of a transition team. uralization Service, the establishment of the Of- (1) the missions of the Office of the Associate (J) Ways to phase in the costs of separating fice of the Associate Attorney General for Immi- Attorney General for Immigration Affairs, the the administrative support systems of the Immi- gration Affairs, the Bureau of Citizenship and Bureau of Citizenship and Immigration Services, gration and Naturalization Service in order to Immigration Services, and the Bureau of Immi- and the Bureau of Immigration Enforcement are provide for separate administrative support sys- gration Enforcement and their components, and equally important and, accordingly, they each tems for the Bureau of Citizenship and Immigra- the transfers of functions required to be made should be adequately funded; and tion Services and the Bureau of Immigration under this Act (and the amendments made by (2) the functions of the Associate Attorney Enforcement in instances where separate sys- this Act), and to carry out any other duty re- General for Immigration Affairs described in tems are more efficient or effective. lated to the reorganization of the immigration section 3, the immigration adjudication and (d) REPORT ON IMPROVING IMMIGRATION SERV- and naturalization functions that is made nec- service functions referred to in section 4, and ICES.— essary by this Act (or any such amendment). the immigration enforcement functions referred (1) IN GENERAL.—The Attorney General, not (2) AVAILABILITY OF FUNDS.—Amounts appro- to in section 6 should not operate at levels below later than 1 year after the date of the enactment priated under paragraph (1) shall remain avail- that in existence prior to the enactment of this of this Act, shall submit to the Committees on able until expended. Act. the Judiciary and Appropriations of the United April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1649

States House of Representatives and of the Sen- completed, the Comptroller General of the (b) FEASIBILITY STUDY FOR ONLINE FILING ate a report containing a plan for how the Di- United States shall submit to the Committees on AND IMPROVED PROCESSING.— rector of the Bureau of Citizenship and Immi- Appropriations and on the Judiciary of the (1) ONLINE FILING.—The Attorney General, in gration Services will complete efficiently, fairly, United States House of Representatives and the consultation with the Technology Advisory and within a reasonable time, the adjudications Senate a report containing the following: Committee established under subsection (c), described in paragraphs (1) through (5) of sec- (A) A determination of whether the transfers shall conduct a feasibility study on the online tion 4(b). of functions made by sections 4 and 6 have been filing of the filings described in subsection (a). (2) CONTENTS.—For each type of adjudication completed, and if a transfer of functions has not The study shall include a review of comput- to be undertaken by the Director of the Bureau taken place, identifying the reasons why the erization and technology of the Immigration of Citizenship and Immigration Services, the re- transfer has not taken place. and Naturalization Service relating to the immi- port shall include the following: (B) If the transfers of functions made by sec- gration services and processing of filings related (A) Any potential savings of resources that tions 4 and 6 have been completed, an identi- to immigrant services. The study shall also in- may be implemented without affecting the qual- fication of any issues that have arisen due to clude an estimate of the timeframe and cost and ity of the adjudication. the completed transfers. shall consider other factors in implementing (B) The goal for processing time with respect (C) An identification of any issues that may such a filing system, including the feasibility of to the application. arise due to any future transfer of functions. fee payment online. (2) REPORT ON MANAGEMENT.—Not later than (C) Any statutory modifications with respect (2) REPORT.—A report on the study under this 4 years after the effective date specified in sec- to the adjudication that the Attorney General subsection shall be submitted to the Committees tion 15(a), the Comptroller General of the considers advisable. on the Judiciary of the United States House of United States shall submit to the Committees on (3) CONSULTATION.—In carrying out para- Representatives and the Senate not later than 1 Appropriations and on the Judiciary of the graph (1), the Attorney General shall consult year after the date of the enactment of this Act. United States House of Representatives and the with the Secretary of State, the Secretary of (c) TECHNOLOGY ADVISORY COMMITTEE.— Senate a report, following a study, containing Labor, the Associate Attorney General for Immi- (1) ESTABLISHMENT.—The Attorney General the following: gration Affairs, the Director of the Bureau of shall establish, not later than 60 days after the Immigration Enforcement, and the Director of (A) Determinations of whether the transfer of functions from the Immigration and Naturaliza- date of the enactment of this Act, an advisory the Executive Office for Immigration Review to committee (in this section referred to as the determine how to streamline and improve the tion Service to the Bureau of Citizenship and Immigration Services and the Bureau of Immi- ‘‘Technology Advisory Committee’’) to assist the process for applying for and making adjudica- Attorney General in— tions described in section 4(b) and related proc- gration Enforcement, and the transfer of func- tions from the Immigration and Naturalization (A) establishing the tracking system under esses. subsection (a); and (e) REPORT ON IMPROVING ENFORCEMENT Service and the Office of Immigration Litigation of the Civil Division to the Office of the Asso- (B) conducting the study under subsection (b). FUNCTION.— The Technology Advisory Committee shall be es- (1) IN GENERAL.—The Attorney General, not ciate Attorney General for Immigration Affairs, under this Act have improved, with respect to tablished after consultation with the Committees later than 1 year after the date of the enactment on the Judiciary of the United States House of of this Act, shall submit to the Committees on each function transferred, the following: (i) Operations. Representatives and the Senate. Appropriations and the Judiciary of the United (ii) Management, including accountability (2) COMPOSITION.—The Technology Advisory States House of Representatives and of the Sen- and communication. Committee shall be composed of representatives ate a report with a plan detailing how the Bu- (iii) Financial administration. from high technology companies capable of es- reau of Immigration Enforcement, after the (iv) Recordkeeping, including information tablishing and implementing the system in an transfer of functions performed under the pro- management and technology. expeditious manner, and representatives of per- grams described in paragraphs (1) through (5) of (B) A statement of the reasons for the deter- sons who may use the tracking system described section 6(b), will enforce comprehensively, effec- minations under subparagraph (A). in subsection (a) and the online filing system tively, and fairly all the enforcement provisions (C) Any recommendations for further improve- described in subsection (b)(1). of the Immigration and Nationality Act (8 ments to the Office of the Associate Attorney SEC. 14. DEFINITIONS. U.S.C. 1101 et seq.) relating to such programs. General for Immigration Affairs, the Bureau of For purposes of this Act: (2) CONSULTATION.—In carrying out para- Citizenship and Immigration Services, and the (1) The term ‘‘function’’ includes any duty, graph (1), the Attorney General shall consult Bureau of Immigration Enforcement. obligation, power, authority, responsibility, with the Secretary of State, the Director of the (h) REPORT ON INTERIOR CHECKPOINTS.—Not Federal Bureau of Investigation, the Secretary later than 6 months after the date of the enact- right, privilege, activity, or program. of the Treasury, the Secretary of Labor, the ment of this Act, the Attorney General shall (2) The term ‘‘office’’ includes any office, ad- Commissioner of Social Security, the Associate submit to the Congress a report on whether all ministration, agency, bureau, institute, council, Attorney General for Immigration Affairs, the permanent interior checkpoints operated by the unit, organizational entity, or component there- Director of the Bureau of Citizenship and Immi- Immigration and Naturalization Service ought of. gration Services, the Director of the Executive to be closed, and the funds that otherwise would SEC. 15. EFFECTIVE DATE; TRANSITION. Office for Immigration Review, and the heads of be expended for the operation of such check- (a) IN GENERAL.—The abolishment of the Im- State and local law enforcement agencies to de- points ought to be reallocated for protecting and migration and Naturalization Service, the estab- termine how to most effectively conduct enforce- maintaining the integrity of the borders of the lishment of the Office of the Associate Attorney ment operations. United States and increasing enforcement at General for Immigration Affairs, the Bureau of (f) REPORT ON SHARED SERVICES.—The Attor- other points of entry into the United States. Citizenship and Immigration Services, and the ney General, not later than 3 years after the ef- (i) REPORT ON RESPONDING TO FLUCTUATING Bureau of Immigration Enforcement, the trans- fective date specified in section 15(a), shall sub- NEEDS.—Not later than 30 days after the date of fers of functions specified under this Act, and mit to the Committees on the Judiciary and Ap- the enactment of this Act, the Attorney General the amendments made by this Act, shall take ef- propriations of the United States House of Rep- shall submit to the Congress a report on changes fect 1 year after the date of the enactment of resentatives and of the Senate a report on in law, including changes in authorizations of this Act. The Associate Attorney General for Im- whether the Director of Shared Services is prop- appropriations and in appropriations, that are migration Affairs, the Director of the Bureau of erly serving the Bureau of Citizenship and Im- needed to permit the Immigration and Natu- Citizenship and Immigration Services, and the migration Services and the Bureau of Immigra- ralization Service, and, after the effective date Director of the Bureau of Immigration Enforce- tion Enforcement. The report should address specified in section 15(a), the Bureau of Citizen- ment shall be appointed not later than such ef- whether it would be more efficient to transfer ship and Immigration Services, to ensure a fective date. To the extent that functions to be one or more of the functions described in section prompt and timely response to emergent, unfore- transferred to such persons under this Act con- 3 to the Director of the Bureau of Citizenship seen, or impending changes in the number of ap- tinue to be performed by the Immigration and and Immigration Services or the Director of the plications for immigration benefits, and other- Naturalization Service and the Office of Immi- Bureau of Immigration Enforcement, and shall wise to ensure the accommodation of changing gration Litigation of the Civil Division during include an estimate of the cost of any such immigration service needs. fiscal year 2003, the Attorney General shall pro- transfer that the Attorney General recommends. SEC. 13. APPLICATION OF INTERNET-BASED vide for an appropriate accounting of funds and The report should also address whether it would TECHNOLOGIES. an appropriate transfer of funds appropriated be more efficient to transfer one or more of the (a) ESTABLISHMENT OF TRACKING SYSTEM.— to such entities to the appropriate component of functions described in sections 4 and 6 to the The Attorney General, not later than 1 year the Office of the Associate Attorney General for Office of the Associate Attorney General for Im- after the date of the enactment of this Act, in Immigration Affairs, the Bureau of Citizenship migration Affairs, and shall include an estimate consultation with the Technology Advisory and Immigration Services, or the Bureau of Im- of the cost of any such transfer that the Attor- Committee established under subsection (c), migration Enforcement. ney General recommends. shall establish an Internet-based system, that (b) TRANSITION PERIOD FOR CERTAIN BUREAU (g) COMPTROLLER GENERAL STUDIES AND RE- will permit a person, employer, immigrant, or FUNCTIONS.—Notwithstanding subsection (a), PORTS.— nonimmigrant who has filings with the Attorney during the 18-month period after the transfer of (1) STATUS REPORTS ON TRANSITION.—Not later General for any benefit under the Immigration functions under this Act takes effect, the Asso- than 18 months after the effective date specified and Nationality Act (8 U.S.C. 1101 et seq.), ac- ciate Attorney General for Immigration Affairs in section 15(a), and every 6 months thereafter, cess to online information about the processing is authorized to perform the functions described until full implementation of this Act has been status of the filing involved. in subsections (c), (d), and (f) of each of sections H1650 CONGRESSIONAL RECORD — HOUSE April 25, 2002 4 and 6 for both the Bureau of Citizenship and 17(a), the Director of the Bureau of Immigra- out the strategic restructuring plan de- Immigration Services and the Bureau of Immi- tion Enforcement shall design and imple- scribed in subsection (b), make voluntary gration Enforcement. ment a managerial rotation program under separation incentive payments to employees. SEC. 16. CONFORMING AMENDMENT. which employees of such bureau holding po- Any such payment— Section 5315 of title 5, United States Code, is sitions involving supervisory or managerial (1) shall be paid to the employee, in a lump amended by striking the following: responsibility and classified, in accordance sum, after the employee has separated from ‘‘Commissioner of Immigration and Natu- with chapter 51 of title 5, United States service; ralization, Department of Justice.’’. Code, as a GS–14 or above, shall, as a condi- (2) shall be paid from appropriations or funds available for the payment of basic pay The CHAIRMAN. No amendment to tion on further promotion— (i) gain some experience in all the major of the employee; the committee amendment in the na- functions performed by such bureau; and (3) shall be equal to the lesser of— ture of a substitute is in order except (ii) work in at least one field office and one (A) the amount the employee would be en- those printed in House Report 107–419. border patrol sector of such bureau. titled to receive under section 5595(c) of title Each amendment may be offered only (B) REPORT.—Not later than 2 years after 5, United States Code; or in the order printed in the report, by a the effective date specified in section 17(a), (B) an amount not to exceed $25,000, as de- Member designated in the report, shall the Attorney General shall submit a report termined by the Attorney General; (4) may not be made except in the case of be considered read, shall be debatable to the Congress on the implementation of such program. any qualifying employee who voluntarily for the time specified in the report, Page 33, line 3, strike ‘‘15(a)’’ and insert separates (whether by retirement or resigna- equally divided and controlled by the ‘‘17(a)’’. tion) before the end of— proponent and an opponent, shall not Page 37, line 3, strike ‘‘15(a)’’ and insert (A) the 3-month period beginning on the be subject to amendment, and shall not ‘‘17(a)’’. date on which such payment is offered or be subject to a demand for division of Page 38, line 14, strike ‘‘15(a)’’ and insert made available to such employee; or the question. ‘‘17(a)’’. (B) the 3-year period beginning on the date Page 39, line 16, strike ‘‘15(a)’’ and insert of the enactment of this Act, b 1300 ‘‘17(a)’’. whichever occurs first; Page 40, line 18, strike ‘‘15(a)’’ and insert (5) shall not be a basis for payment, and It is now in order to consider amend- ‘‘17(a)’’. shall not be included in the computation, of ment No. 1 printed in House Report Page 42, line 16, strike ‘‘15(a)’’ and insert any other type of Government benefit; and 107–419. ‘‘17(a)’’. (6) shall not be taken into account in de- Page 43, line 6, strike ‘‘15(a)’’ and insert AMENDMENT NO. 1 OFFERED BY MR. termining the amount of any severance pay ‘‘17(a)’’. to which the employee may be entitled under SENSENBRENNER Page 45, line 7, strike ‘‘15(a)’’ and insert Mr. SENSENBRENNER. Mr. Chair- ‘‘17(a)’’. section 5595 of title 5, United States Code, man, I offer an amendment. Page 47, after line 9, insert the following: based on any other separation. (d) ADDITIONAL AGENCY CONTRIBUTIONS TO SEC. 11. VOLUNTARY SEPARATION INCENTIVE The CHAIRMAN. The Clerk will des- THE RETIREMENT FUND.— PAYMENTS. ignate the amendment. (1) IN GENERAL.—In addition to any pay- The text of the amendment is as fol- (a) DEFINITIONS.—For purposes of this section— ments which it is otherwise required to lows: (1) the term ‘‘employee’’ means an em- make, the Department of Justice shall, for Amendment No. 1 offered by Mr. SENSEN- ployee (as defined by section 2105 of title 5, each fiscal year with respect to which it BRENNER: United States Code) who— makes any voluntary separation incentive Page 2, after the item relating to section (A) has completed at least 3 years of cur- payments under this section, remit to the 10, insert the following (and redesignate suc- rent continuous service with 1 or more cov- Office of Personnel Management for deposit ceeding items accordingly): ered entities; and in the Treasury of the United States to the credit of the Civil Service Retirement and ‘‘Sec. 11. Voluntary separation incentive (B) is serving under an appointment with- Disability Fund the amount required under payments. out time limitation; ‘‘Sec. 12. Authority to conduct a demonstra- but does not include any person under sub- paragraph (2). tion project relating to discipli- paragraphs (A)-(G) of section 663(a)(2) of Pub- (2) AMOUNT REQUIRED.—The amount re- nary action. lic Law 104–208 (5 U.S.C. 5597 note); quired under this paragraph shall, for any (2) the term ‘‘covered entity’’ means— fiscal year, be the amount under subpara- Page 15, line 15, strike ‘‘15(a)’’ and insert graph (A) or (B), whichever is greater. ‘‘17(a)’’. (A) the Immigration and Naturalization Service; (A) FIRST METHOD.—The amount under this Page 17, line 9, strike ‘‘15(a)’’ and insert subparagraph shall, for any fiscal year, be ‘‘17(a)’’. (B) the Office of Immigration Litigation of the Civil Division; equal to the minimum amount necessary to Page 18, line 1, strike ‘‘15(a)’’ and insert offset the additional costs to the retirement ‘‘17(a)’’. (C) the Office of the Associate Attorney General for Immigration Affairs; systems under title 5, United States Code Page 20, after line 21, insert the following: (payable out of the Civil Service Retirement (5) MANAGERIAL ROTATION PROGRAM.— (D) the Bureau of Immigration Enforce- ment; and and Disability Fund) resulting from the vol- (A) IN GENERAL.—Not later than 1 year untary separation of the employees described after the effective date specified in section (E) the Bureau of Citizenship and Immigra- tion Services; and in paragraph (3), as determined under regula- 18(a), the Director of the Bureau of Citizen- tions of the Office of Personnel Management. ship and Immigration Services shall design (3) the term ‘‘transfer date’’ means the (B) SECOND METHOD.—The amount under and implement a managerial rotation pro- date on which the transfer of functions speci- fied under this Act takes effect. this subparagraph shall, for any fiscal year, gram under which employees of such bureau be equal to 45 percent of the sum total of the holding positions involving supervisory or (b) STRATEGIC RESTRUCTURING PLAN.—Be- fore obligating any resources for voluntary final basic pay of the employees described in managerial responsibility and classified, in paragraph (3). accordance with chapter 51 of title 5, United separation incentive payments under this (3) COMPUTATIONS TO BE BASED ON SEPARA- States Code, as a GS–14 or above, shall, as a section, the Attorney General shall submit to the appropriate committees of Congress a TIONS OCCURRING IN THE FISCAL YEAR IN- condition on further promotion— strategic restructuring plan, which shall VOLVED.—The employees described in this (i) gain some experience in all the major include— paragraph are those employees who receive a functions performed by such bureau; and (1) an organizational chart depicting the voluntary separation incentive payment (ii) work in at least one field office and one covered entities after their restructuring under this section based on their separating service center of such bureau. pursuant to this Act; from service during the fiscal year with re- (B) REPORT.—Not later than 2 years after (2) a summary description of how the au- spect to which the payment under this sub- the effective date specified in section 17(a), thority under this section will be used to section relates. the Attorney General shall submit a report help carry out that restructuring; and (4) FINAL BASIC PAY DEFINED.—In this sub- to the Congress on the implementation of (3) the information specified in section section, the term ‘‘final basic pay’’ means, such program. 663(b)(2) of Public Law 104–208 (5 U.S.C. 5597 with respect to an employee, the total Page 21, line 4, strike ‘‘15(a)’’ and insert note). amount of basic pay which would be payable ‘‘17(a)’’. As used in the preceding sentence, the ‘‘ap- for a year of service by such employee, com- Page 21, line 13, strike ‘‘15(a)’’ and insert propriate committees of Congress’’ are the puted using the employee’s final rate of basic ‘‘17(a)’’. Committees on Appropriations, Government pay, and, if last serving on other than a full- Page 25, line 20, strike ‘‘15(a)’’ and insert Reform, and the Judiciary of the House of time basis, with appropriate adjustment ‘‘17(a)’’. Representatives, and the Committees on Ap- therefor. Page 32, after line 20, insert the following: propriations, Governmental Affairs, and the (e) EFFECT OF SUBSEQUENT EMPLOYMENT (4) MANAGERIAL ROTATION PROGRAM.— Judiciary of the Senate. WITH THE GOVERNMENT.—An individual who (A) IN GENERAL.—Not later than 1 year (c) AUTHORITY.—The Attorney General receives a voluntary separation incentive after the effective date specified in section may, to the extent necessary to help carry payment under this section and who, within April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1651 5 years after the date of the separation on (f) REPORTS.—The General Accounting Of- cipline for both employee malfeasance which the payment is based, accepts any fice shall prepare and submit to the Commit- and nonfeasance. compensated employment with the Govern- tees on Government Reform and the Judici- The demonstration project must en- ment or works for any agency of the Govern- ary of the House of Representatives and the courage the use of alternative means of ment through a personal services contract, Committees on Governmental Affairs and shall be required to pay, prior to the individ- the Judiciary of the Senate periodic reports dispute resolution, where appropriate, ual’s first day of employment, the entire on any demonstration project conducted and require expeditious, fair and inde- amount of the incentive payment. Such pay- under this section, such reports to be sub- pendent review of disciplinary actions. ment shall be made to the covered entity mitted after the second and fourth years of The amendment provides needed flexi- from which the individual separated or, if its operation. Upon request, the Attorney bility for managing the new immigra- made on or after the transfer date, to the As- General shall furnish such information as tion components. sociate Attorney General for Immigration the General Accounting Office may require I want to thank the Committee on Affairs (for transfer to the appropriate com- to carry out this subsection. Government Reform for its work, sup- ponent of the Department of Justice, if nec- (g) DEFINITIONS.—In this section— essary). (1) the term ‘‘Attorney General’’ means the port and patience in drafting this (f) EFFECT ON EMPLOYMENT LEVELS.— Attorney General or his designee; and amendment. I want to thank three (1) INTENDED EFFECT.—Voluntary separa- (2) the term ‘‘covered entity’’ has the members of the Committee on the Ju- tions under this section are not intended to meaning given such term in section 11(a)(2). diciary, the gentleman from Utah (Mr. necessarily reduce the total number of full- Page 47, line 10, strike ‘‘11’’ and insert CANNON), the gentlewoman from Cali- time equivalent positions in any covered en- ‘‘13’’. fornia (Ms. LOFGREN), and the gen- tity. Page 48, line 21, strike ‘‘15(a)’’ and insert tleman from California (Mr. ISSA) who (2) USE OF VOLUNTARY SEPARATIONS.—A ‘‘17(a)’’. worked particularly hard to ensure covered entity may redeploy or use the full- Page 51, strike lines 16 through 20. time equivalent positions vacated by vol- Page 51, line 21, strike ‘‘12’’ and insert that the Justice Department would untary separations under this section to ‘‘14’’. have the personnel flexibility to make make other positions available to more crit- Page 53, line 24, strike ‘‘11(b)’’ and insert restructuring a success. I urge my col- ical locations or more critical occupations. ‘‘13(b)’’. leagues to support this amendment. SEC. 12. AUTHORITY TO CONDUCT A DEM- Page 57, line 1, strike ‘‘15(a)’’ and insert Mr. Chairman, I reserve the balance ONSTRATION PROJECT RELATING ‘‘17(a)’’. of my time. TO DISCIPLINARY ACTION. Page 57, line 23, strike ‘‘15(a)’’ and insert Ms. BALDWIN. Mr. Chairman, I ask (a) IN GENERAL.—The Attorney General ‘‘17(a)’’. may, during a period ending not later than 5 unanimous consent to claim the time Page 58, line 18, strike ‘‘15(a)’’ and insert in opposition to the amendment. years after the date of the enactment of this ‘‘17(a)’’. Act, conduct a demonstration project for the Page 60, line 15, strike ‘‘15(a)’’ and insert The CHAIRMAN. Without objection, purpose of determining whether one or more ‘‘17(a)’’. the gentlewoman from Wisconsin is changes in the policies or procedures relat- Page 60, line 20, strike ‘‘13’’ and insert recognized for 5 minutes. ing to methods for disciplining employees ‘‘15’’. There was no objection. would result in improved personnel manage- Page 62, line 22, strike ‘‘14’’ and insert Ms. BALDWIN. Mr. Chairman, I yield ment. ‘‘16’’. myself such time as I may consume. (b) SCOPE.—The demonstration project— Page 63, line 7, strike ‘‘15’’ and insert ‘‘17’’. (1) may not cover any employees apart Mr. Chairman, I rise in support of the Page 64, line 13, strike ‘‘16’’ and insert manager’s amendment. During the from those employed in or under a covered ‘‘18’’. entity; and committee markup there were several (2) shall not be limited by any provision of The CHAIRMAN. Pursuant to House issues that were contentious at the chapter 43, 75, or 77 of title 5, United States Resolution 396, the gentleman from time. Chairman SENSENBRENNER and Code. Wisconsin (Mr. SENSENBRENNER) and a Ranking Member CONYERS agreed to (c) PROCEDURES.—Under the demonstration Member opposed each will control 5 work with other Judiciary Committee project— minutes. members and members of the Com- (1) the use of alternative means of dispute The Chair recognizes the gentleman resolution (as defined in section 571 of title 5, mittee on Government Reform to reach United States Code) shall be encouraged, from Wisconsin (Mr. SENSENBRENNER). bipartisan agreement. They were suc- whenever appropriate; and Mr. SENSENBRENNER. Mr. Chair- cessful in reaching an accord on most (2) each covered entity shall be required to man, I yield myself 3 minutes. of these issues. provide for the expeditious, fair, and inde- Mr. Chairman, this amendment I urge my colleagues to support this pendent review of any action to which sec- which has been worked out on a bipar- amendment. tion 4303 or subchapter II of chapter 75 of tisan basis by the Committees on the Mr. Chairman, I yield back the bal- such title 5 would otherwise apply (except an Judiciary and Government Reform will ance of my time. action described in section 7512(5) thereof). give the Attorney General and the As- (d) ACTIONS INVOLVING DISCRIMINATION.— Mr. SENSENBRENNER. Mr. Chair- Notwithstanding any other provision of this sociate Attorney General for Immigra- man, I yield the balance of my time to section, if, in the case of any matter de- tion Affairs personnel flexibility tools the gentleman from Pennsylvania (Mr. scribed in section 7702(a)(1)(B) of title 5, needed to ensure that the restructuring GEKAS). United States Code, there is no judicially re- of the INS will be a success. Mr. GEKAS. Mr. Chairman, I suspect viewable action under the demonstration First, it requires the directors of the that what the gentlewoman was deter- project within 120 days after the filing of an two immigration bureaus to design and mining here was the amendment hav- appeal or other formal request for review (re- implement managerial rotation pro- ing to do with representation of chil- ferred to in subsection (c)(2)), an employee shall be entitled to file a civil action to the grams so that their managers will have dren? same extent and in the same manner as pro- experience in all the major functions of Ms. BALDWIN. No. vided in section 7702(e)(1) of such title 5 (in their respective bureaus and will have Mr. GEKAS. No? Then I am in the the matter following subparagraph (C) there- worked out in the field. I want to wrong place at the wrong time, but I of). thank the gentleman from Arizona will try to regain the podium later. (e) CERTAIN EMPLOYEES.—Employees shall (Mr. FLAKE) for crafting this important Mr. SENSENBRENNER. Mr. Chair- not be included within any project under this provision. man, I yield back the balance of my section if such employees are— Second, this amendment permits the time. (1) neither managers nor supervisors; and (2) within a unit with respect to which a Attorney General to offer buyouts to The CHAIRMAN pro tempore. The labor organization is accorded exclusive rec- INS employees. That is essential to re- question is on the amendment offered ognition under chapter 71 of title 5, United shaping the agency. by the gentleman from Wisconsin (Mr. States Code. Third, and most importantly, the SENSENBRENNER). Notwithstanding the preceding sentence, an amendment authorizes a 5-year dem- The amendment was agreed to. aggrieved employee within a unit (referred onstration project relating to discipli- The CHAIRMAN. It is now in order to to in paragraph (2)) may elect to participate nary actions. It permits the AG to consider amendment No. 2 printed in in a complaint procedure developed under House Report 107–419. the demonstration project in lieu of any ne- change policies and procedures regard- gotiated grievance procedure and any statu- ing methods of disciplining employees AMENDMENT NO. 2 OFFERED BY MS. BALDWIN tory procedure (as such term is used in sec- in order to improve the quality of INS Ms. BALDWIN. Mr. Chairman, I offer tion 7121 of such title 5). management. This would ensure dis- an amendment. H1652 CONGRESSIONAL RECORD — HOUSE April 25, 2002 The CHAIRMAN. The Clerk will des- I do want to congratulate the gentle- new Office of Children’s Affairs will be ignate the amendment. woman for an excellent amendment. brought back before Congress for care- The text of the amendment is as fol- Working, of course, as I do with the ful examination. It is essential that lows: Congressional Children’s Caucus, we Congress be able to give suggestions Amendment No. 2 offered by Ms. BALDWIN: are always seeing the diminished rights and ask questions about how we can Page 11, line 14, insert before the semicolon of children many times when they are best protect these children’s interests. at the end the following: ‘‘, including devel- unequal in our systems and particu- In closing, I would like to make this point oping a plan to be submitted to the Congress larly the court systems. And so coming very clearly: Most of the unaccompanied alien on how to ensure that qualified and inde- from a border State like Texas, I can children are here for reasons beyond their pendent legal counsel is timely appointed to assure you that in the detention cen- control. In reforming and restructuring the INS, represent the interests of each such child, we hope to more effectively separate those consistent with the law regarding appoint- ters we find large numbers of unaccom- ment of counsel that is in effect on the date panied children. Also being familiar people who want to tear our country down, of the enactment of this Act’’. with Haitian children in the parts of from those who want to build it up. By passing this amendment, we have a great chance of The CHAIRMAN. Pursuant to House the land in which they come, particu- larly the State of Florida, we have seen making these children want to do the latter. Resolution 396, the gentlewoman from Mr. Chairman, I reserve the balance many tragic incidences of citizen Hai- Wisconsin (Ms. BALDWIN) and a Member of my time. opposed each will control 10 minutes. tian children with parents who are The CHAIRMAN. Does any Member The Chair recognizes the gentle- then forced to be sent back and with no rise in opposition to the amendment to woman from Wisconsin (Ms. BALDWIN). independent representation. It happens claim that time? Ms. BALDWIN. Mr. Chairman, I yield to many, many immigrants. The gentlewoman from Wisconsin is myself such time as I may consume. And so let me say that this is an im- then recognized for the balance of her My amendment is simple. It would portant addition to the children’s bu- time. require the Office of Children’s Affairs reau. I would like to join you as I am Ms. BALDWIN. Mr. Chairman, I yield within the newly created Agency of Im- on the amendment in asking our col- 1 minute to the gentlewoman from migration Affairs to develop a plan on leagues to support it. Texas (Ms. JACKSON-LEE). how to provide unaccompanied alien Ms. BALDWIN. Mr. Chairman, I am Ms. JACKSON-LEE of Texas. Mr. children with independent legal coun- delighted to hear of the support from Chairman, I do want to include in the sel. my fellow members of the committee RECORD for the gentlewoman’s amend- Think back to when you were 8 years on both sides of the aisle. ment and for the gentlewoman’s infor- old. For many, our biggest concern I wanted to just explain briefly fur- mation that we are seeing over the last might have been Friday’s spelling bee. ther that when the INS or the Justice couple of weeks and months carriers of Now imagine that you were forced Department takes unaccompanied heroin, children being used by this ter- against your will to go to another alien children into custody, our legal rible tragedy. I do want to note for the country, alone, without knowing why, system treats them unlike any citizen record a 12-year-old being forced to without knowing for how long, and and unlike any adult noncitizen. They swallow 87 condoms full of heroin and often without knowing the language. are provided legal counsel who are travel to the United States. He was You would definitely have a lot more charged not only with deporting them taken into custody and faces charges. to worry about. Remarkably, this hap- as mandated by law but also with rep- In that instance, obviously that child pens to nearly 5,000 children every year resenting their best interests, which is needs counsel, whatever your opinion in the United States. These unaccom- also mandated by law. It has become is about heroin; and there are many panied alien children are brought to increasingly clear that these dueling cases like that, so this is so very cru- America from other countries for var- responsibilities cannot coexist effec- cial to have. ious reasons. tively. This amendment is simple but very impor- Mr. SENSENBRENNER. Mr. Chair- The stories are alarming. Unaccom- tant. It would compel the Office of Children’s man, will the gentlewoman yield? panied alien children are sometimes Affairs within the newly created Agency of Im- Ms. BALDWIN. I yield to the gen- being left alone to fill out complex migration Affairs to develop a plan that would tleman from Wisconsin. legal forms that determine their fu- provide unaccompanied alien children with Mr. SENSENBRENNER. I thank the ture, not only here in America but also independent legal counsel. gentlewoman for yielding. I believe she their future lives in general. Almost In the year 2000, the INS took approxi- has a very constructive amendment one-third of the children will be forced mately 4,700 alien children who lacked a fam- ily member or close friend here in the United dealing with what is a major problem. to eat, sleep and live next to juvenile States into custody. Many unaccompanied We are happy to accept the amend- offenders in restrictive juvenile deten- children are smuggled into our country and ment. tion centers. Some will languish in forced into prostitution or labor. Many are sim- Mr. GEKAS. Mr. Chairman, will the these detention centers for years be- ply used as a tool for others to enter our coun- gentlewoman yield? cause they lack adequate legal counsel. Some will be moved to other detention try and are left behind. Ms. BALDWIN. I yield to the gen- While current laws were once written to pro- centers without being told why and un- tleman from Pennsylvania. tect the child’s best interest, it has become in- able to notify relatives in their home Mr. GEKAS. Mr. Chairman, I now creasingly clear that the law’s intent and pur- find myself in the right spot, in the countries where they are going. pose has become as blurry and as confused During this debate, we have heard a right place, on the right issue at the as the Immigration and Naturalization Serv- lot about why the INS has been unable podium. ice’s intent and purpose. Ms. BALDWIN. Welcome. to do its job in the way that the Amer- While some of these unaccompanied chil- Mr. GEKAS. I want to substantiate ican people expect and deserve. I am dren are deported or reunited with family my support for the amendment and to pleased that today we are spending at members, many of them are placed in deten- urge that everyone consider the ques- least this brief time talking about the tion centers for long periods of time without re- tion of unaccompanied young children children who are affected by the short- ceiving adequate counsel to help them navi- and the provision of legal assistance in comings of the INS. These conflicts of gate the legal process. An 18 month old infant their quest to remain in the United interest and dueling responsibilities was placed in her swing chair in Miami to de- States. I thank the gentlewoman for not only frustrate the overall mission fend herself. A lawyer present in the court- yielding. of the INS but cause disproportionate room saw this ludicrous situation and offered Ms. JACKSON-LEE of Texas. Mr. harm to these unaccompanied alien to take the case free of charge. A 12 year old Chairman, will the gentlewoman yield? children. was forced to swallow 87 condoms full of her- Ms. BALDWIN. I yield to the gentle- This amendment begins to address oin and travel to the United States. He was woman from Texas. the serious issue of unaccompanied taken into custody and now faces a lot of Ms. JACKSON-LEE of Texas. Mr. alien children receiving legal counsel charges. Here’s a copy of the article. Chairman, I would encourage the gen- that is rife with conflicts of interest. I Everyday kids 10 years old and younger are tlewoman to complete her remarks, so would point out that this amendment forced to fill out complex legal forms that de- I will not take up a lot of the time, but states that any plan developed by the termine their future life here in the United April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1653 States and life in general. The forms are not years in Abuja, Nigeria, Coleman said. His I ask my colleagues to support this even written in their native language. Many of mother, Alissa Walden, lives in Norcross, amendment. the kids are forced to reside in detention cen- Georgia. There was no telephone listing for The CHAIRMAN. The gentlewoman her, and she could not immediately be con- ters for long periods of time and are trans- from Wisconsin has 1 minute remain- tacted for comment. ing. ferred to other detention centers without being The boy’s father, Chukwunwieke told why. Umegbolu, is imprisoned in Petersburg, Vir- Ms. BALDWIN. Mr. Chairman, I yield Almost one-third of the unaccompanied ginia, according to court records. The elder that 1 minute to the gentlewoman from alien children will be shackled and periodically Umegbolu was convicted in 1995 for his role California (Ms. LOFGREN). strip-searched before being sent to detention in a drug ring that imported at least $33 mil- Ms. LOFGREN. Mr. Chairman, I ap- centers where they will eat, sleep, and live be- lion in heroin into Georgia over a decade. preciate very much the effort that is side juveniles who may have committed seri- Ms. BALDWIN. Mr. Chairman, I yield being made to make sure that children ous crimes. They can end up staying in these 3 minutes to the gentleman from Indi- are represented and that their best in- detention centers from anywhere between 1 ana (Mr. HOSTETTLER). terests are brought to the forefront. I month to 2 years before receiving their asylum (Mr. HOSTETTLER asked and was would note that there is ambiguity in hearing. Many will be transferred several times given permission to revise and extend the drafting of the amendment because to other states and other detention centers his remarks.) it would freeze the current law that without being provided legal advice, let alone Mr. HOSTETTLER. Mr. Chairman, I prohibits the appointment of counsel. be told in their native language where and thank the gentlewoman from Wis- However, since this is a plan that is why they are being moved. consin for this opportunity to speak on subject to further review when it During debate on this amendment in Com- behalf of the amendment. comes back to the Congress, I would mittee, some Members raised concern about Article 1, section 8 of the United note that the Congress will have an op- the cost of providing counsel for unaccom- States Constitution gives the Federal portunity to actually deal with the ap- panied alien children. While this may be a Government jurisdiction to establish pointment of counsel for children as to concern, this amendment would simply give uniform naturalization laws. We have their dependency status at least when the Agency for Immigration Affairs the respon- been given constitutional authority to that comes back. I think and I am sibility of developing a plan on how to do this. establish these laws, and it is our re- hopeful that we will actually do that Very little cost would be incurred by devel- sponsibility to make adequate provi- once this plan is put into place. oping such a plan. sions for children who find themselves First, the 5-year-old is a child before Furthermore, this amendment would require in conflict with our laws through no they are an immigrant. We ought to the Office of Children’s Affairs and the Agency fault of their own. This amendment re- treat the child as any other child of Immigration Affairs to report back to this quires the Office of Children’s Affairs would be treated in a dependency case, Congress so Members can learn more about to report to Congress on a plan that with advocacy of their best interests. I the plan, raise questions, and offer sugges- would aid unaccompanied children in very much appreciate the effort that tions or criticism. This amendment would sim- the naturalization process. the gentlewoman from Wisconsin (Ms. ply start the process of addressing a serious While Congress has a responsibility BALDWIN) has put into this. problem about how we can give unaccom- to protect the citizens of the United The CHAIRMAN. The question is on panied alien children a fair chance in our States from enemy threats, I do not be- the amendment offered by the gentle- courtrooms and in our country. lieve an unaccompanied child under woman from Wisconsin (Ms. BALDWIN). Lastly, Mr. Chairman, the language that was the age of 10, for example, has the in- The amendment was agreed to. The CHAIRMAN. It is now in order to added at the last minute, ‘‘consistent with cur- tention of undermining our way of life, consider amendment No. 3 printed in rent law’’ should not close the door on the even though the circumstances of his House Report 107–419. government coming up with a serious con- or her arrival may conflict with our structive plan for providing legal counsel for laws. Some of these unaccompanied AMENDMENT NO. 3 OFFERED BY MS. JACKSON- LEE OF TEXAS unaccompanied minor children. This simply children find themselves in America Ms. JACKSON-LEE of Texas. Mr. must be done. through smuggling rings for slave labor or prostitution. The perpetrators are Chairman, I offer an amendment. OFFICIALS: BOY SWALLOWS 87 HEROIN The CHAIRMAN. The Clerk will des- CONDOMS the adults who abandon them and break our laws, not the children them- ignate the amendment. NEW YORK (AP).—A 12-year-old boy from The text of the amendment is as fol- Nigeria swallowed 87 condoms filled with selves. lows: heroin, flew to New York and became sick For that reason, I strongly support before meeting whoever had promised him finding a means of handling these situ- Amendment No. 3 offered by Ms. JACKSON- $1,900 to act as a contraband courier, au- LEE of Texas: ations when they sadly arise. This Page 59, after line 22, insert the following: thorities said. amendment does not overburden the The boy’s father is imprisoned in the (3) REPORT ON FEES.—Not later than 90 United States for recruiting drug mules to government with additional cost, days after the date of the enactment of this smuggle heroin into Georgia. though it does require the development Act, the Comptroller General of the United The boy, identified as Prince Nnaedozie of a plan by the Office of Children’s Af- States shall submit to the Committees on Umegbolu, was listed in stable condition at fairs created by the underlying bill for the Judiciary of the House of Representa- New York Hospital Medical Center of dealing with such eventualities. This is tives and of the Senate a report examining Queens. Officials said 85 of the 87 condoms whether the Bureau of Citizenship and Immi- the least we can do for the most vul- gration Services is likely to derive sufficient had left his system as of Thursday evening. nerable of exploited immigrant popu- The boy has been charged with juvenile de- funds from fees to carry out its functions in linquency drug possession of a controlled lations. Currently, the INS holds ap- the absence of appropriated funds. dangerous substance, said Steve Coleman, a proximately 4,700 unaccompanied alien The CHAIRMAN. Pursuant to House spokesman for the Port Authority of New children in custody every year. Many Resolution 396, the gentlewoman from York and New Jersey, which runs area air- of these children have valid claims to Texas (Ms. JACKSON-LEE) and a Mem- ports. His case will be handled in family refugee and asylum status; but without ber opposed each will control 10 min- Court. adequate legal counsel, they are not af- utes. Airport detectives said it is not uncommon forded the opportunity to make such to find adults acting as drug mules, but it is The Chair recognizes the gentle- rare for a child. claims. woman from Texas (Ms. JACKSON-LEE). The boy arrived alone at John F. Kennedy I wonder, Mr. Chairman, just how Ms. JACKSON-LEE of Texas. Mr. International Airport at 10:30 p.m. Wednes- many of these unaccompanied children Chairman, I yield myself such time as day on a British Airways flight from London, have been shuffled through the process I may consume. Coleman said. He hailed a cab and went to a and have not gotten the procedural Let me acknowledge that one of the Brooklyn address, but no one was there, consideration they are due in this crucial points of change in this legisla- Coleman said. He then went to LaGuardia great country. Planning for these cases tion is the establishing of a bureau of Airport before becoming ill. Authorities did not know for whom and the interests of the children should services and a bureau of enforcement, Umegbolu was carrying the heroin. be one of the foremost priorities to be one of the major concerns in this legis- Umegbolu, an American citizen, had been dealt with by the new Office of Chil- lation and as well in the fault of the living with his grandparents for the past two dren’s Affairs. It is for this reason that INS. H1654 CONGRESSIONAL RECORD — HOUSE April 25, 2002 b 1315 fund the service section, but we are gan (Mr. CONYERS), the ranking mem- Might I just take a moment, because also acknowledging by this amendment ber, for all of their hard work on this I believe when we talk about abolishing that we are carefully monitoring INS restructuring bill. I also want to an agency, we make a global statement whether or not those will be sufficient thank them for support of my amend- about all of those who are working funds and whether or not an authoriza- ment, which simply requires the newly there or have worked there. Let me get tion of a money stream will be nec- created Office of Immigration Statis- on record by acknowledging the many essary, which will then be a request to tics to maintain records on denials of hard-working constituents that I have the Committee on Appropriations in applications and petitions and the rea- that work for the INS and around the their wisdom to make the right deci- sons for those denials. Nation. Allow me to acknowledge the sion. This information will help Members many effective and faithful district di- Mr. Chairman, I ask my colleagues to of Congress and other interested par- rectors and center directors who have support this amendment, and I thank ties better understand the causes of the worked diligently with our respective the chairman for his support. vast differences and denial rates for ap- staffs to ensure that some of the snafus Mr. Chairman, this amendment answers the plications and petitions throughout the that do occur can get corrected. But at fear that the Bureau of Immigration Services country. the same time, allow me to acknowl- could wind up as a ‘‘starved’’ bureau. I am For example, in the first quarter of edge incidences of lost fingerprints and concerned that the division of the INS into 1999, the denial rates for INS districts lost paperwork, incidences where peo- separate and independent agencies could ranged from 7 percent in Portland, ple in the business community are mean that the enforcement bureau will get all Maine to 67 percent in Miami, Florida. seeking to generate opportunities for of the appropriated funds, and that the Service Mr. SENSENBRENNER. Mr. Chair- those who come to be productive in bureau will be forced to survive with only man, will the gentlewoman yield? this country and generate business, are funds derived from fees. This could result in Ms. ROYBAL-ALLARD. I yield to the sometimes in a very complicated and an even greater backlog in immigration benefit gentleman from Wisconsin. Mr. SENSENBRENNER. Mr. Chair- conflicted position of not being able to adjudication than currently exists. man, I am pleased to support the pursue on behalf of their client the This is a worthwhile amendment as it man- amendment. I think she has a very con- process of accessing legalization. Part dates that the GAO conduct a study to ensure structive amendment in giving both of that, even though we know that that the Bureau of Immigration Services is not the INS and the Congress statistics rel- there has been an attempt to increase left standing on its own solely relying on fees. ative to denials. the funding of the INS, has been the I urge passage of this amendment. What we want to see in this restruc- money stream. Mr. Chairman, I reserve the balance In this bill, we rely upon the fee of my time. tured INS is a uniform application of structure for funding the services. I The CHAIRMAN. Does any Member the law, which means that if one ap- want to say to all of the advocates and claim the time in opposition to the plies at one INS office or restructured providers of services before the INS, amendment? INS office, one should not get a dif- the counsel that represent the par- If not, the gentlewoman is invited to ferent result if one applies at another ticular clients trying to seek legaliza- consume her time. office with the same set of facts and Ms. JACKSON-LEE of Texas. Mr. tion, and those who work in that proc- the same background. I think there is Chairman, I yield back the balance of ess to give fair hearing to those who a great deal of suspicion that there is my time. try to proceed in the process. Allow me different strokes for different folks, de- The CHAIRMAN. The question is on to suggest that we can make it better pending upon what office one goes to the amendment offered by the gentle- if we can follow the money trail. or, even within an office, what immi- woman from Texas (Ms. JACKSON-LEE). This study will give us the insight as gration inspector ends up doing the ad- The amendment was agreed to. to whether the fees generated by the judication. Having these statistics I The CHAIRMAN. It is now in order to particular services that are granted by think will help both the restructured consider amendment No. 4 printed in the INS are enough or effectively uti- agency in having uniform application House report 107–419. lized to ensure that we do not have the of the law, as well as giving the Con- problems that we are facing today. AMENDMENT NO. 4 OFFERED BY MS. ROYBAL- gress the data that is necessary to de- Later on today, we will have addi- ALLARD termine whether any further changes Ms. ROYBAL-ALLARD. Mr. Chair- tional amendments on statistics; we in the law are necessary. man, I offer an amendment. will have additional amendments. So I am pleased to support the Mr. SENSENBRENNER. Mr. Chair- The CHAIRMAN. The Clerk will des- amendment, and I hope that it is speed- man, will the gentlewoman yield? ignate the amendment. ily adopted. Ms. JACKSON-LEE of Texas. I yield The text of the amendment is as fol- Ms. ROYBAL-ALLARD. Mr. Chair- to the gentleman from Wisconsin. lows: man, reclaiming my time, I thank the Mr. SENSENBRENNER. Mr. Chair- Amendment No. 4 offered by Ms. ROYBAL- gentleman from Wisconsin (Mr. SEN- man, I believe this is a constructive ALLARD: SENBRENNER), the chairman of the com- Page 38, line 16, insert the following before amendment because it can give us mittee, for his words and also for his the period: ‘‘, including region-by-region sta- support of this amendment. I too be- some very good data on how reliant the tistics on the aggregate number of applica- service end of the INS is on fees that it tions and petitions filed by an alien (or filed lieve that this is good policy that will collects from immigrants. I would hope on behalf of an alien) and denied by such of- help instill confidence in the system by that the committee would speedily fices and bureaus, and the reasons for such giving credibility to this important adopt this amendment so that we can denials, disaggregated by category of denial agency, not only in the eyes of Con- go on with the consideration of this and application or petition type’’. gress but, more importantly, to the bill. The CHAIRMAN. Pursuant to House American people. Ms. JACKSON-LEE of Texas. Mr. Resolution 396, the gentlewoman from Mr. Chairman, I yield 2 minutes to Chairman, let me thank the chairman California (Ms. ROYBAL-ALLARD) and a the gentlewoman from Texas (Ms. of the committee for his support of Member opposed each will control 10 JACKSON-LEE). this. minutes. Ms. JACKSON-LEE of Texas. Mr. To complete my explanation, let me The Chair recognizes the gentle- Chairman, I thank the distinguished say that this amendment will help us woman from California (Ms. ROYBAL- gentlewoman from California, and I ap- in the structure of the fee process that ALLARD). plaud her for her leadership on this leg- we have, being able to monitor whether Ms. ROYBAL-ALLARD. Mr. Chair- islation. or not that is sufficient money. man, I yield myself such time as I may I will simply ask that we realize Again, this goes to the point that consume. what the gentlewoman is answering, rather than having a cosmetic ap- I would like to begin by thanking the because she creates the newly-created proach to this legislation, we are truly gentleman from Wisconsin (Mr. SEN- Office of Immigration Statistics to changing the infrastructure. We are ac- SENBRENNER), the chairman of the com- maintain statistics on denials of appli- knowledging that fees are utilized to mittee, and the gentleman from Michi- cation petitions and the reasons for April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1655 these denials. One of the issues that we the processing of immigration benefit appli- for Immigration Affairs to explore new always hear is the frustration of those cations, and to prevent any backlog in the and innovative ways of addressing the who are trying to access legalization. processing of such applications from recur- backlog by authorizing the director of This will be a clear instruction for us ring, in accordance with section 204(a) of the the Bureau of Citizenship and Immigra- Immigration Services and Infrastructure Im- to guide the INS, to answer the ques- provements Act of 2000 (8 U.S.C. 1573(a)). tion Services to implement pilot pro- tion of consistency. It will also be help- Such initiatives may include measures such grams in areas with large backlogs to ful to the new general counsel who will as increasing personnel, transferring per- efficiently and effectively dispense be able to note whether or not we have sonnel to focus on areas with the largest po- with pending applications and prevent consistent policies vertically up and tential for backlog, and streamlining paper- the backlog of future applications. It down the line of authority. work. will encourage initiatives such as in- So I thank the gentlewoman, and I Page 51, strike lines 16 through 20 and in- creasing or transferring personnel to sert the following: support her amendment. (e) BACKLOG ELIMINATION.—Section 204(a) areas with ongoing backlog problems, Mr. Chairman, I rise in support of the Roy- of the Immigration Services and Infrastruc- streamlining regulations and paper- bal-Allard amendment to H.R. 3231. During ture Improvements Act of 2000 (8 U.S.C. work, and providing incentives for effi- the House Judiciary Committee mark-up we 1573(a)) is amended by striking ‘‘October 17, cient and high-quality work. added the new Office of Immigration Statistics, 2000;’’ and inserting ‘‘the effective date speci- This amendment recognizes that which will be headed by a Director who is ap- fied in section 15(a) of the Barbara Jordan there is not a one-size-fits-all approach Immigration Reform and Accountability Act to eliminating existing backlog and, pointed by the Attorney General and reports to of 2002;’’. the Director of Justice statistics. The Director therefore, encourages flexibility at the The CHAIRMAN. Pursuant to House will maintain all immigration statistical informa- local level by enabling district offices Resolution 396, the gentlewoman from tion to the Associate Attorney General of Im- to utilize new strategies to deal with New York (Ms. VELA´ ZQUEZ) and a Mem- migration Affairs. The Director will establish all problems. ber opposed each will control 10 min- standards of reliability and validity for immigra- Finally, the amendment establishes utes. the goal of eliminating the current tion statistics collected by the Office of the As- The Chair recognizes the gentle- sociate Attorney General. backlog not later than one year after woman from New York (Ms. the enactment of the act. My amend- Ms. ROYBAL-ALLARD’s amendment brings ´ VELAZQUEZ). ment will allow the new Associate At- some needed clarity to this language. Ms. VELA´ ZQUEZ. Mr. Chairman, I torney General for Immigration Affairs The amendment states that the newly cre- yield myself such time as I may con- to think and pursue new solutions to ated Office of Immigration Statistics must sume. maintain statistics on denials of applications Mr. Chairman, first and foremost, I old problems. It will enable the newly- and petitions, and the reasons for those deni- would like to commend and congratu- formed Bureau of Citizenship and Im- als. It is too often Mr. Chairman that many late the chairmen and ranking mem- migration Services to get to a point members from many districts do not know why bers of the Committee on the Judiciary where all immigration applications are the applications that their constituents are toil- and the Subcommittee on Immigration processed quickly and expeditiously, ing long days and nights working on have for all of their hard work on the bill we and it represents an important step in been denied. The amendment is needed to have before us today, which takes the the process of turning immigration help Members of Congress and other inter- long overdue step of restructuring the into a policy and process of which we ested parties gain a better understanding of INS. can all, Congress, consumers and agen- the vast differences in denial rates for applica- Mr. Chairman, H.R. 3231 holds tre- cy employees alike, be proud. tions and petitions throughout the country. mendous potential to improve an agen- Mr. Chairman, I urge my colleagues The Roybal-Allard amendment is the step in cy that has long been a source of frus- to support it. Mr. Chairman, I reserve the balance the direction of accountability, it is a step in tration for Congress, consumers, and of my time. the direction for fairness, it is a step in the di- agency employees alike. rection for accuracy, and most importantly it is Mr. SENSENBRENNER. Mr. Chair- The CHAIRMAN. Does any Member a step in the direction for accuracy. Let’s pass man, will the gentlewoman yield? rise in opposition to the amendment? If the Roybal-Allard amendment. Ms. VELA´ ZQUEZ. I yield to the gen- not, the gentlewoman is invited to ex- Ms. ROYBAL-ALLARD. Mr. Chair- tleman from Wisconsin. haust her time. man, I thank the gentlewoman from Mr. SENSENBRENNER. Mr. Chair- Ms. JACKSON-LEE of Texas. Mr. Chair- Texas for her comments, and I want to man, I believe this amendment is also man, I rise in support of the gentlelady from acknowledge her outstanding work on a very constructive amendment. Before New York’s amendment. This amendment re- this bill and in the area of immigration we figure out how to deal with new im- quires that the INS eliminate its enormous im- in general. migrants, we have to figure out what migration application processing backlogs and Mr. Chairman, I yield back the bal- to do with the 5 million case backlog requires that all backlogs be eliminated within ance of my time. we already have, and I think having in- one year. It also requires that the INS prevent The CHAIRMAN. If no Member rises novative pilot programs, shuffling pa- any backlog efficiencies where problems are in opposition to the amendment, the perwork, seeing what works and seeing known to exist. The INS has been notorious in question is on the amendment offered what does not but, more importantly, the past for being long overdue in issuing by the gentlewoman from California getting us automated and having a lot backlog reports for Congress to access. This (Ms. ROYBAL-ALLARD). of the paperwork being changed from has resulted in an INS backlog of 4.9 million The amendment was agreed to. paper to electronic paper is going to immigration applications. Efforts in the past to The CHAIRMAN. It is now in order to mean that these adjudications take reduce the backlog were unsuccessful. The consider Amendment No. 5 printed in place in a timely manner and we will Immigration Services and Infrastructure Im- House report 107–419. not have to have people getting provements Act of 2000 authorized appropria- tions to reduce backlogs but the appropriate AMENDMENT NO. 5 OFFERED BY MS. VELA´ ZQUEZ fingerprinted 4 times before they can expenditures were predicated on the INS sub- Ms. VELA´ ZQUEZ. Mr. Chairman, I get a green card. So I would hope that this amendment mitting a backlog report to Congress. 4.9 mil- offer an amendment. lion applications later, we’re still waiting. The CHAIRMAN. The Clerk will des- would be speedily adopted. Ms. VELA´ ZQUEZ. Mr. Chairman, re- As it stands, H.R. 3231 doesn’t go far ignate the amendment. claiming my time, I thank the gen- enough. It would eliminate the wait for a back- The text of the amendment is as fol- tleman. log report before using funds to start reducing lows: The bill before us takes bold action the backlogs but it would not place a require- Amendment No. 5 offered by Ms. regarding the structure of the INS. We ment on the INS to eliminate the backlog right ´ VELAZQUEZ: should also seize this opportunity to away. And that’s what we need if we are seri- Page 20, after line 21, insert the following: take bold action with regard to the ap- ous about this problem. 4.9 million people and (5) PILOT INITIATIVES FOR BACKLOG ELIMI- NATION.—The Director of the Bureau of Citi- plication backlog as well, and that is their futures and maybe those of their families zenship and Immigration Services is author- what my amendment proposes to do. are behind those unprocessed immigration ap- ized to implement innovative pilot initia- Specifically, my amendment will en- plications. Many are hanging in ‘‘status limbo’’ tives to eliminate any remaining backlog in able the Associate Attorney General waiting for a decision on which way to go or H1656 CONGRESSIONAL RECORD — HOUSE April 25, 2002 what to do next. And if there are security con- these rules are used in those organiza- Ms. JACKSON-LEE of Texas. Mr. cerns, we would not know because these ap- tions in which public trust and safety Chairman, I yield myself such time as plications are not reviewed or examined. is most vital. I may consume. This is a good amendment, a practical b 1330 Mr. Chairman, obviously we have amendment and a much needed amendment worked together on the Committee on for the reformed and restructured INS and for Without this amendment, I do not be- the Judiciary, and we respect the di- lieve true reform can take place, be- the people trying come in and make good in versity of opinion and thought that cause we would not be addressing the America. would generate various efforts to im- entire organization from the structure Ms. VELA´ ZQUEZ. Mr. Chairman, I prove this agency. yield back the balance of my time. of the organization to the personnel But I am forced to raise strong oppo- The CHAIRMAN. The question is on within. sition to the Issa amendment because, Mr. Chairman, without this amend- the amendment offered by the gentle- by making it simple for managers to ment, we in fact would not have the woman from New York (Ms. hire employees and summarily dismiss ability to terminate people, even if VELA´ ZQUEZ). them outside of the civil service proc- once again the gross failures that led The amendment was agreed to. to the unfortunate loss of life in the ess, the Issa amendment would cir- The CHAIRMAN. It is now in order to tragedy in the Twin Towers in New cumvent many of the positive reforms consider Amendment No. 6 printed in York occurred. We need the authority agreed to in this legislation. House report 107–419. The amendment is strongly opposed to get rid of, not promote or transfer, AMENDMENT NO. 6 OFFERED BY MR. ISSA people who in fact cannot or will not by the American Federation of Govern- Mr. ISSA. Mr. Chairman, I offer an do their job. ment Employees and the AFL–CIO. Ex- amendment. Mr. Chairman, I rise in support of my cepting INS employees from the civil The CHAIRMAN. The Clerk will des- amendment to H.R. 3231, ‘‘The Barbara Jor- service would return the agency back ignate the amendment. dan Immigration Reform and Accountability to the ages when we again address the The text of the amendment is as fol- Act.’’ This amendment requires that all em- questions of cronyism and patronage, lows: ployees at the new Office of the Associate At- which ran rampant. Amendment No. 6 offered by Mr. ISSA: torney General for Immigration Affairs and the This is not to say that we do not Page 45, after line 7, insert the following two new bureaus be excepted service (Bureau want an improved employee, a profes- (and redesignate provisions accordingly): of Citizenship and the Immigration Service, sional employee, and an opportunity (b) ADDITIONAL PERSONNEL MATTERS.— for the administration to be able to put (1) POSITIONS IN EXCEPTED SERVICE.—All po- and the Bureau of Immigration Enforcement) employees. Simply stated, this bill will extend their positive handprint on the new sitions in the Office of the Associate Attor- changes that will come about. ney General for Immigration Affairs, the Bu- greater management authority to deal with reau of Citizenship and Immigration Serv- problem employees, which will lead to a high- Not too long ago, the only way to get ices, and the Bureau of Immigration Enforce- er level of service we have a right to expect. a government job was if you knew ment are positions in the excepted service, This amendment is the type of personnel re- someone in the government or someone as defined by section 2103 of title 5, United form Commissioner Ziglar asked for when he owed you a favor. As a result, key pol- States Code. testified before Congress this year. I believe icy and administrative decisions will (2) ELIMINATING RESTRICTIONS ON CERTAIN this amendment will offer ‘‘true’’ INS reform, be based on how it has affected your DISCIPLINARY AND OTHER ADVERSE ACTIONS by making every INS employee a part of the patron, rather than on whether it was TAKEN AGAINST EMPLOYEES.—Section good policy. The civil service program 7511(b)(8) of title 5, United States Code, is excepted service, thereby assuring account- amended by inserting ‘‘the Office of the As- ability from top of the agency to the lowest was carefully crafted to eliminate this sociate Attorney General for Immigration level employee. egregious behavior. Affairs, the Bureau of Citizenship and Immi- Earlier today, I spoke of Mohammed Atta At the same time, I think if we look gration Services, the Bureau of Immigration and his multiple entries into the United States at the manager’s amendment, we will Enforcement,’’ after ‘‘the Federal Bureau of prior to his attack on our nation and INS’s find that we have implemented proc- Investigation,’’. role. The employees that were responsible for esses in there to ensure, again, the as- The CHAIRMAN. Pursuant to House his entry were not dismissed and still remain sessment of an employee’s performance Resolution 396, the gentleman from within the INS. and to improve that performance. California (Mr. ISSA) and a Member op- With regards to Mohammed Atta, the INS: A couple of weeks ago, we had a hear- posed each will control 10 minutes. Failed to act to cancel Atta’s training visa ing on the most ironic and, I would The Chair recognizes the gentleman after Atta abandoned the application by leav- say, major debacle that backed up on from California (Mr. ISSA). ing the country; the tragedy of September 11. That was Mr. ISSA. Mr. Chairman, I yield my- Failed to recognize that Atta had abandoned the hearing on Mohammed Atta, de- self such time as I may consume. his application even when his departure was ceased, and another one of the terror- The INS has an essential role in en- established by his attempt to reenter the ists who received what we call late stu- suring the national security of the United States on January 10, 2001; dent visas. United States and is failing in that Disregarded Atta’s apparent intent to con- If we look at this legislation, we will role. Reforming the INS without ad- tinue his flight training without a proper visa in know that by the amendment of the dressing the personnel reform issue is January and admitted him as a visitor; and gentleman from New York (Mr. Ignored evidence that Atta first entered the simply an error. WEINER), we now have a student track- This amendment extends greater United States intending to commence flight ing office, and therefore, to cite the management authority to deal with training immediately without the proper visa. heinousness of the act of September 11, If this amendment is adopted, we will no problem employees, which will lead to and then build it upon the idea of need- longer protect incompetence that allowed Mo- a higher level of service and a greater ing this particular amendment is not hammed Atta into the United States. This expectation. accurate. amendment is a vote for greater accountability The type of personnel flexibility is So I am rising to oppose this amend- of the INS and for national security. Let’s not exactly what Commissioner Ziegler has ment, and would ask my colleagues to forget that there are 3,000 dead . . . and no asked for when testifying before Con- do so. one is held accountable. gress earlier this year. I believe this I urge all my colleagues to vote in favor of Mr. Chairman, I rise in strong opposition to amendment is offered for true INS re- this legislation. the Issa amendment. By making it simple for form. Mr. Chairman, I reserve the balance managers to hire employees and summarily I do not ask for much in the way of of my time. dismiss them outside of the civil service proc- reform; I only ask for the same stand- The CHAIRMAN. Does any Member ess, the Issa amendment would circumvent ard, the same standard as today we ex- rise in opposition to the amendment? many of the positive reforms agreed to in this pect from the FBI, the CIA, and other Ms. JACKSON-LEE of Texas. Mr. legislation. The amendment is strongly op- agencies. Chairman, I rise in opposition. posed by the American Federation of Govern- In fact, nearly 20 percent of all agen- The CHAIRMAN. The gentlewoman ment Employees and the AFL–CIO. cies have the same rules I am asking from Texas (Ms. JACKSON-LEE) is recog- Excepting INS employees from the civil for here today, and disproportionately, nized for 10 minutes. service would return the agency back to the April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1657 ages when cronyism and patronage ran ramp- procedural protections for all I&NS employ- service hiring and promotion procedures, it ant. Not too long ago, the only way to get a ees for any offense ostensibly committed by would eliminate the procedural protections government job was if you knew someone in any employee. This includes collective bar- in disciplinary actions that are currently the government or someone owed you a gaining protections pertaining to discipli- provided to them under law and collective nary actions. The basic right of I&NS em- bargaining agreements. favor. As a result, key policy and administra- ployees to due process protection and inde- Exempting employees from civil service tive decisions would be based on how it af- pendent review and appeal would be elimi- hiring and promotion procedures would not fected your patron rather than on whether it nated. The due process system currently in enhance the ability of the agency to recruit was good policy. The civil service program place has served both the agency and its em- or promote skilled employees, but would ac- was carefully crafted to eliminate this egre- ployees well for many years, and serves as a tually hinder such efforts by facilitating ac- gious behavior. The INS has been able to hire check and balance against arbitrary and ca- tions based on favoritism rather than merit. thousands of employees year after year and pricious actions. The popular misconception Eliminating the procedural protections there has been no showing that the civil serv- that it is difficult or impossible to fire Fed- currently afforded to employees in discipli- ice program is ineffective. Yet, the Issa eral employees is convincingly refuted by a nary actions would subject them to arbitrary recent study released by the Merit Systems and capricious disciplinary actions, and amendment would once again allow people to Protection Board. Further, the provision would have a chilling effect on protected ac- be hired based on who they know rather than would strongly discourage employee ‘‘whis- tivities, including whistleblower disclosures whether they are qualified. tleblowers’’ from providing essential infor- to Congress and the media. The Issa amendment also eliminates most mation to Congress and even the news media These detrimental provisions would fur- of the procedures that protect employees from for fear of losing their jobs. ther demoralize employees and exacerbate summarily being fired. All protections in collec- As an example, the two Detroit Border Pa- an attrition rate that is already unaccept- tive bargaining agreements are superseded trol agents who recently expressed their ably high. For these reasons, your opposition and the notice and hearing procedures in the views to Congress and the news media on the to this amendment is encouraged. lack of enhanced security on the northern civil service laws are also overruled. Among Sincerely, border would very likely have never told T.J. BONNER, other things, this would allow whistleblowers to their stories had the Issa amendment been in President. be fired on the mere allegation of wrongdoing. effect. Even under current law, the agency Mr. Chairman, I yield my time to the Moreover, persons could be fired because of viewed these honest expressions of the cur- gentleman from Wisconsin (Mr. SEN- their political affiliation. Employee attrition at rent situation as a fundamental violation of SENBRENNER), and ask unanimous con- the agency is already at an unprecedented I&NS policy and proposed to suspend and de- sent that he be allowed to control the level due to low morale and the stripping of mote the agents. However, at least under these basic labor protections certainly will not current circumstances, the agents would be time. able to avail themselves of basic procedural The CHAIRMAN. Is there objection help the matter any. protections, including a post-action hearing to the request of the gentlewoman This amendment guts labor law and civil and appeal process. Under the Issa amend- service protections that remain critical to the from Texas? ment, no such protections would exist. Ulti- There was no objection. successful restructuring of this agency. With- mately this would have a chilling effect on Mr. SENSENBRENNER. Mr. Chair- out these protections, the delicate compromise Congress’ ability to gather critical informa- man, I thank the gentlewoman for reached on this bipartisan legislation will be tion in making policy decisions as they re- yielding the time to me, and I yield jeopardized. I urge you to oppose this amend- late to the agency. myself such time as I may consume. ment. Finally, there is no doubt whatsoever that Mr. Chairman, the manager’s amend- Mr. Chairman, I include the following mate- the Issa Amendment will exacerbate an al- ready critical attrition problem within the ment, which already has been adopted rial for the RECORD: agency. According to I&NS statistics, the FY by the committee, was drafted with bi- AMERICAN FEDERATION OF 2002 loss rate for Border Patrol agents is 14% partisan cooperation by the chairman GOVERNMENT EMPLOYEES, AFL–CIO, and will potentially rise to 20% by the end of Washington, DC, April 25, 2002. and ranking members of the Com- the year. For Immigration Inspectors, the mittee on the Judiciary and the Com- DEAR REPRESENTATIVE: On behalf of the FY 2002 rate is 10.1% and is predicted to go American Federation of Government Em- as high as 15%. Based on reliable anecdotal mittee on Government Reform. ployees, I strongly urge you to oppose an information, over half of all current Border This amendment authorizes the At- amendment that will be offered by Rep- Patrol agents have applied for air marshal torney General to create a demonstra- resentative Darrell Issa (R–CA) to H.R. 3231, positions. It is a little known fact that the tion project to test a new employee dis- the Immigration Reform and Accountability agency is losing agents faster than it can cipline model. The demonstration Act of 2002. In our view, this amendment will hire them—despite all the efforts and fund- fundamentally jeopardize basic employee project will provide the Attorney Gen- ing directed toward expanding the work- rights, limit the ability of Congress to gain eral with much flexibility in crafting force. Such attrition rates are unsustainable access to critical information about agency the most appropriate, effective, and in any agency, much less the I&NS. Taking activities and dramatically increase an al- away the basic due process protections avail- fair method in disciplining a wide ready severe attrition rate within the I&NS. able to similarly situated employees (like range of employees handling immigra- The following is a description of the amend- Customs Service employees) would turn tion functions. ment and the problems we believe it would The demonstration project that has create: I&NS into an employer of last resort, leaving Paragragh (1)—(Making all I&NS positions them to recruit from a less desirable pool of already been approved by the com- excepted service: potential employees. mittee focuses on problem managers This proposal would give the agency the In the interest of protecting employee and emphasizes alternative methods of authority to circumvent the civil service rights and the effectiveness of the newly re- dispute resolution. It calls for an expe- system for hiring purposes. Essentially it structured I&NS, we urge you to vote no on the Issa Amendment. ditious, fair, and independent review of would be a throw-back to the era of federal disciplinary actions, and it protects hiring based on patronage and cronyism— Sincerely, which the civil service system was created to BETH MOTEN, the settled expectations of collective prevent. The amendment, which would at a Legislative Director. bargaining agreements while permit- minimum facilitate and possibly even en- ting union members to opt out of the courage such abuse, is particularly problem- NATIONAL BORDER PATROL COUNCIL project. atic when applied to a beleaguered agency OF THE AMERICAN FEDERATION OF We should give the Attorney General such as the Immigration and Naturalization GOVERNMENT EMPLOYEES, AFL– the chance to utilize the demonstra- Service. While it is likely the intention of CIO, Camps, CA, April 25, 2002. tion project. If it becomes apparent this amendment would be to give the agency that the project is not working as ex- the ability to seek outside professionals to Hon. JOHN CONYERS, Jr., provide expertise in specific areas not cur- Ranking Member, Judiciary Committee, House pected, and that placing immigration- rently available within the agency, its of Representatives, Rayburn House Office related employees in the excepted serv- sweeping nature, which would include the Building, Washington, DC. ice would be beneficial, I would be the total elimination of the Senior Executive DEAR REPRESENTATIVE CONYERS: The Na- first to support legislation doing so, Service Corps, could well lead to widespread tional Border Patrol Council, representing but now is not the time to do it. abuse and worsen the problems at the I&NS. over 9,000 Border Patrol employees, strongly The gentleman from California (Mr. Paragraph (2)—Eliminating restrictions on opposes an amendment to be offered by Rep- ISSA) is absolutely correct in empha- certain disciplinary and other adverse ac- resentative Darrell Issa to H.R. 3231, the Im- tions taken against employees: migration Reform and Accountability Act of sizing the importance of having em- The effect of this section of the Issa 2002. In addition to making all employees in ployees of the FBI, the CIA, and the ex- Amendment would be to eliminate existing the newly-created agency exempt from civil cepted service. However, these agencies H1658 CONGRESSIONAL RECORD — HOUSE April 25, 2002 are different types of organizations Mr. CANNON. Mr. Chairman, I thank Mr. Chairman, I have not been sur- than the INS. The Bureau of Citizen- the gentleman from California for prised by many amendments before, ship and Immigration Services created yielding time to me. but here is an amendment that pro- by this bill will be staffed mostly with Mr. Chairman, I would like to start poses to set aside the civil service laws clerks and adjudicators. The hiring and by expressing my appreciation to the as applied to hiring people at INS, and discipline rules followed by the com- chairman of the committee, the gen- to set aside civil service law as it ap- petitive service might be most appro- tleman from Wisconsin (Mr. SENSEN- plies to their discharge. priate for these employees. BRENNER) for the depth of his review on In other words, the gentleman from In any event, the question of placing this matter and his concern, and the California (Mr. ISSA) wants to go back all immigration employees in the ex- information he has gathered. to the bad old days. What does he have cepted service merits extensive inves- However, I rise in support of this in mind, patronage, or what? And why tigation before it is done. A change as amendment to give personnel flexi- would we come up with such a narrow radical as this, by placing them in the bility to the new immigration bureaus eviscerating of civil service law? No- excepted service, should be carefully offered by the gentleman from Cali- body has attacked civil service law on considered. fornia. either side of the aisle, in my memory, Before introducing this bill, I did ex- Restructuring the INS, which we and now it is being done here. tensive investigation and oversight in have come to call the ‘‘ignoring na- Mr. Chairman, I yield to my col- practically every part of the country tional security,’’ as opposed to what- league, the gentlewoman from the Dis- where the Immigration Service has a ever that actually stands for, is impor- trict of Columbia (Ms. NORTON). lot of business, including in San Diego, tant; and changing the organizational Ms. NORTON. Mr. Chairman, I thank I might add. And some of the most use- structure is terrifically important. The the gentleman for yielding to me. ful information that we have heard bill of the gentleman from Wisconsin Led by President Bush, there has today and during the consideration of (Chairman SENSENBRENNER) today does been new appreciation for civil serv- this bill came from the unionized em- a great deal to move that forward. ants, Mr. Chairman. This is a brazen ployees that I insisted upon meeting The issue here is in part a matter of attack on merit hiring and promotion. with, apart from management, to find organization. If we can get a chart up When I came to chair the EEOC, I out what was really going on. If they here on the budget, Members will see found the same thing; everybody did not have the protection of the civil that over the last 10 years, if we had blamed the employees. It turned out service laws, we would not have much 1992 here, we would see that the budget what they needed was a new manage- of this information. of the INS has increased almost five- ment system. I have never had employees of the fold over 10 years; and at the same That is what we need here. Let us FBI or the CIA or other agencies in the time, we have had almost the exact deal first with the management of the excepted service be as frank and honest same increase in the number of peti- agency. We will know if the agency is with me during the time that I have tions that are backlogged, from about 1 well managed if it can hire and keep served in Congress as I have tried to million to about 5 million. good employees. learn how these agencies work. Something more fundamental has to Mr. CONYERS. Mr. Chairman, I yield So keeping them out of the excepted happen with this agency, I believe. The to the gentlewoman from California service I think is important, at least in way to make that happen is to restore (Ms. LOFGREN), a member of the com- terms of having candor on the part of the responsibility of people who are mittee. the employees. That is something that working in the INS. Ms. LOFGREN. Mr. Chairman, I the amendment of the gentleman from I have worked very hard with the thank the gentleman for yielding to New York (Mr. ISSA) would take away. gentleman from Wisconsin (Chairman me. I would not have found out about all SENSENBRENNER) and many others to Mr. Chairman, all of us are frustrated the problems in San Diego if the em- include language in the manager’s at the agency, and maybe some people ployees that met with me were afraid amendment that will provide greater are even tempted by this sort of ‘‘blow that they would be fired by their dis- removal authority and personnel flexi- it up’’ amendment. But I think it trict director because they were meet- bility to the new head of the agency for would be unwise. ing face to face with me and I came out supervisors and managers. The Issa I respect the gentleman from Cali- with information in public on how bad amendment will go farther in making fornia (Mr. ISSA) and the efforts he has things were. those changes, and making those in put in, but I think we have our pilot Finally, I would like to point out charge of immigration and our na- project in the manager’s amendment that the adoption of this amendment tional security as accountable as the that deals with the management, and would threaten the incredible bipar- average employee at every American that is the problem. It is not the rank tisan support that is enjoyed by this company. and file, it is the management that is bill. I may not, in the end, necessarily I urge my colleagues to support the the problem. agree with those bills’ supporters, who Issa amendment and give the manager, I commend the chairman for includ- could not accept under any cir- the people who are going to run it, and ing that in his manager’s amendment. cumstances placing immigration em- the President and his designees, the au- I just wish that the other amendment ployees in the excepted service, but I thority to remove people who are ob- to contract with management had been do not want an ancillary issue like structionist and who get in the way of made in order. this, where the time is not right for the changes that we need as Americans Mr. CONYERS. Mr. Chairman, I ask making a decision, and the fact that to see in that agency. unanimous consent that we have 1 the Congress does not have all of the Mr. SENSENBRENNER. Mr. Chair- minute each on both sides. data to be able to deal with this in an man, I yield the balance of my time to The CHAIRMAN. Is there objection intelligent way and a fair way and with the gentleman from Michigan (Mr. to the request of the gentleman from a full deck of cards, to erode support CONYERS), and I ask unanimous consent Wisconsin? for this important bill. that he may be entitled to yield part of Mr. SENSENBRENNER. Mr. Chair- I would strongly urge my colleagues that time. man, reserving the right to object, I to oppose this amendment, and join The CHAIRMAN. Is there objection would like to have some time to be with the other members of the Com- to the request of the gentleman from able to yield to the gentleman from mittee on the Judiciary and the Com- Wisconsin? Virginia (Mr. DAVIS). mittee on Government Reform in doing There was no objection. The CHAIRMAN. Is it 2 minutes on so. Mr. CONYERS. Mr. Chairman, I each side that we are asking? Mr. Chairman, I reserve the balance thank my colleague, the gentleman Mr. CONYERS. Yes, sir. of my time. from Wisconsin (Mr. SENSENBRENNER), The CHAIRMAN. Is there objection Mr. ISSA. Mr. Chairman, I yield 3 the chairman, for yielding time to me, to the request of the gentleman from minutes to the gentleman from Utah and I yield myself such time as I may Michigan? (Mr. CANNON). consume. There was no objection. April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1659 The CHAIRMAN. Each side’s time On January 7th of this year the President range of immigration issues because current has been enlarged by 2 minutes. The issued an executive order denying union rep- employee protections would be removed. Con- gentleman from Michigan (Mr. CON- resentation for 1,000 employees at the Depart- sequently, employee ‘whistleblowers’ would be YERS) has 2 minutes remaining, and the ment of Justice. discouraged from disclosing information for gentleman from California (Mr. ISSA) The President cited national security con- fear of losing their jobs. now has 8 minutes remaining. cerns for this order, even though some of In addition, allowing all positions within the Mr. CONYERS. Mr. Chairman, I yield those employees have been part of a union new agency to be considered ‘excepted serv- 45 seconds to the gentleman from Vir- for over 20 years and others covered by that ice’ positions would lead to the kind of political ginia (Mr. TOM DAVIS). order hold clerical and administrative posi- patronage and cronyism the civil service was b 1345 tions. created to prevent. This administration is also considering what The problems at the INS are not the result Mr. TOM DAVIS of Virginia. Mr. rights Federal baggage screeners will have. of inadequate disciplinary procedures or an in- Chairman, let me just say I think the Let there be no doubt, if the administration ability to procure outside expertise but this intention of the gentleman from Cali- denies these employees the right to join a amendment sends that message and so I urge fornia (Mr. ISSA) here is designed to labor union and collectively bargain, it will do a ‘‘no’’ vote. give maximum flexibility to INS man- so for purely political reasons that have little or Mr. CONYERS. Mr. Chairman, all I agement, and I applaud that; but I want to say to my friend, the gen- think he is going about it the wrong nothing to do with national security. Today, we consider an amendment that will tleman from California (Mr. ISSA), is way. that I wish he had more management First of all, the problem is in man- eliminate existing procedural protections for all INS employees for any offense allegedly com- experience. agement at this point over in INS, and The CHAIRMAN. The time in opposi- mitted by an employee. There simply is no this amendment as I read it virtually tion to the amendment has expired. justification for denying them this basic demo- wipes out the SES because of the safe- The gentleman from California (Mr. cratic freedom. guard that it takes away. If you are ISSA) has 8 minutes remaining in sup- INS employees would no longer have the trying to recruit and retain the best in port of the amendment. Federal employees, why are you going basic right of due process protection and the Mr. ISSA. Mr. Chairman, I yield such to take away the right to independent process of independent review and appeal time as he may consume to the gen- review, the right of appeal, and make would be eliminated. tleman from California (Mr. LEWIS). them basically employees at will? No This amendment would strongly discourage (Mr. LEWIS of California asked and one is going to leave a job in the pri- employee ‘‘whistleblowers’’ from providing es- was given permission to revise and ex- vate sector or move laterally from an- sential information to Congress and even the tend his remarks.) other agency if they are going to be Congress for fear of losing their jobs. Mr. LEWIS of California. Mr. Chair- The large majority of INS employees are subject to those restrictions. man, I thank my colleague for yielding If we have a problem, let us look at hard working federal employees that we me time. the overall civil service system in that should be proud of because they are on the I rise in support of this measure and context instead of putting pieces into front lines protecting our homeland. Let’s not congratulate the Members who are in- different agencies. It is going to be- punish the masses for the mistakes of a few. volved in it. come unmanageable in my judgment. Protect the rights of federal employees and Mr. Chairman, as an original co-sponsor of So I urge my colleagues to vote against vote ‘‘no’’ on the Issa amendment. H.R. 3231, I would like to congratulate Mr. Mr. CONYERS. Mr. Chairman, I yield this particular amendment. SENSENBRENNER and Mr. GEKAS for brining Mr. CONYERS. Mr. Chairman, I yield 45 seconds to the gentlewoman from this vital matter to the floor and setting us on 45 seconds to the gentleman from Maryland (Mrs. MORELLA). a course to finally provide a meaningful reform Mrs. MORELLA. Mr. Chairman, I Maryland (Mr. HOYER). of our nation’s immigration system. Mr. HOYER. Mr. Chairman, I thank thank the gentleman for yielding me For too long, Mr. Chairman, we have the gentleman for yielding me the 45 time. I really appreciate it. watched as Immigration and Naturalization seconds. I want to abbreviate a statement to Service officials have vowed their commitment Mr. Chairman, I would join in the re- say that actually this Issa amendment to reform in testimony, but provided little evi- marks made by the chairman, my would really eliminate all employee dence that they are either willing or capable to friend from Virginia (Mr. TOM DAVIS), protections in disciplinary cases, and it see this through in practice. Congress de- the gentlewoman from the District of would worsen an already severe attri- manded in 1986 that illegal immigration be Columbia (Ms. NORTON), and I am sure tion problem. And it would effectively stopped, and yet we now have as many as 8 the gentlewoman from Maryland (Mrs. deny Congress critical information on million people living in our country who en- MORELLA). a wide range of immigration issues be- tered without following our immigration laws, The fact of the matter is that this cause current employee protections and who now have no legal status. At the will undermine two very important would be removed. Consequently, em- same time, the INS has chronically run back- things. First of all, I strongly believe ployee whistle blowers would be dis- logs of a year or more in processing the re- that employees ought to have the right couraged from disclosing information quests of legal immigrants to become citizens to organize and to have a voice to for fear of losing their jobs. In addi- or simply renew their permanent resident doc- which they can address management. tion, allowing all positions within the uments. Secondly, the gentleman from Vir- new agency to be considered ‘‘excepted In California, we have dealt with the dys- ginia (Mr. TOM DAVIS) is absolutely service’’ positions would lead to a kind function of this agency for decades. Most Cali- correct. The other provisions of the of political patronage and cronyism the fornia congressional offices must devote a full- Issa amendments will in fact in my civil service system was created to pre- time staff member just to deal with immigration opinion substantially undermine the vent. I urge a ‘‘no’’ vote. issues—and much of their time is spent fight- opportunity to recruit the kind of peo- I rise today to urge a no’’ vote on Congress- ing with the INS bureaucracy over a blunder ple you need to affect what has really man ISSA’s amendment. This amendment has made by INS officials themselves. Thousands been the problem and that is manage- several provisions that are problematic. of INS employees are hard working and dedi- ment. Not labor, but management, in While this amendment purports to give the cated to service, but the system in which they this agency. And, therefore, I would newly created Agency for Immigration Affairs operate is designed for failure. Our experience hope that we would defeat and reject more flexibility in its hiring process, it actually has convinced most California members that this amendment. would eliminate all employees protections in the top priority of this agency is not providing Mr. Chairman, I rise in strong opposition to disciplinary cases and worsen an already se- service to legal immigrants or deporting this amendment. This amendment continues vere attrition problem within the ranks of the illegals. The top priority is self-protection of Republican attempts to erode the rights of INS. According to INS statistics, the FY 2002 those within the INS, which has led to gross Federal employees. loss rate for Border patrol agents is 14% and inefficiency, a nearly total lack of account- In his first major legislative action after tak- could rise to 20 percent by the end of the ability, and promotion of supervisors who are ing office, President Bush repealed a regula- year. not respected by employees and who often tion designed to protect millions of American The Issa amendment would also effectively display a disdain for those who they are workers from ergonomic injuries. deny Congress critical information on a wide charged to serve. H1660 CONGRESSIONAL RECORD — HOUSE April 25, 2002 We joined the nation in anger and disgust the FBI, like the armed services, they of amendment be incorporated in the when all of these traits were revealed to the are forced to move around to know management amendment, but it was a public with the issuance of visas to the Sep- what other parts of the agencies do. deal breaker. It was a deal breaker be- tember 11 terrorists six months after they had And that way little fiefdoms are not cause people did not want to go far taken thousands of American lives. But we created as easily. I am pleased that enough in INS reform. It is very easy were not terribly surprised, I am sorry to say. that language was included in the man- for this body to come back and trim It was not the first time we had seen this ager’s amendments, but we need to do around the edges as quickly as they agency fail in its responsibility, but I sincerely much more. That is why I support my would like and define those people who hope it will prove to be the weight that tips the colleague from California (Mr. ISSA) should be granted the ability to make scales in favor of reform. with this important amendment. this mistake and not be held account- This legislation places a spotlight of ac- Mr. ISSA. Mr. Chairman, how much able and not be fired. That would be countability on both the enforcement and im- time do I have remaining? the right of this body and the right of migration services branches of the new agen- The CHAIRMAN. The gentleman has the other body and the right of the cy. It should open the doors to those within 6 minutes remaining. President. the agency who display the leadership quali- Mr. ISSA. Mr. Chairman, I yield my- I am here today saying that we must ties to provide true reform, and weed out self the balance of my time to close. today end the possibility that the peo- those who will not or cannot move the agency Mr. Chairman, while they are bring- ple who allowed this to happen because of their negligence or because of an ab- forward. Its passage will show the INS—and ing up the appropriate face of this sence of their willingness to look at the nation—that Congress will insist on that amendment, I think it is important to the INS agent’s own notes that said reform. The Congress—and the nation—will answer the criticisms made by my col- that Atta had admitted that for 5 of no longer be satisfied with half-measures and leagues, most of them fellow Com- mittee on the Judiciary members. I the 6 months he was a visitor he was band-aid fixes. unlawfully getting flight training; and Mr. ISSA. Mr. Chairman, I yield 2 agree with the chairman that this bill if they had called, they would have minutes to the gentleman from Ari- is an improvement, a considerable im- found out that he was only learning to zona (Mr. FLAKE). provement in the characteristics of the INS. But it does not go far enough at fly, not to take off and land. Mr. FLAKE. Mr. Chairman, I thank Mr. Chairman, I am from San Diego all unless it addresses the question of the gentleman for yielding me time. County; and I have met with the Bor- Mr. Chairman, this is a good bill. It whether managers can be fired. der Patrol agents. I have met with I, myself, was a manager for 20 years will improve things over in our Immi- them in Texas. I have met with them in business. And I served at will. You gration and Naturalization Service. I in California. And I will tell you some- serve at will as a manager because believe we are doing the right thing by thing, they are quick to tell you the your ineptness pays a dear price for splitting this agency up. However, we problems, they are quick to tell you cannot deceive ourselves into thinking many, many more people. At the the problems, but so is the FBI. And that nothing is wrong over there and present time, the people who allowed the FBI has helped me in under- that we can only point to a few people Mohammed Atta to come to this coun- standing why we need this reform. The and say that they are the problem. try wrongly, once, twice, three times Border Patrol has helped me, and they We need to give those in management have not been fired. The people who, in have not helped me because they have position and others the flexibility to fact, failed to protect us have not been exemption from whistle blowing. They deal with personnel, like they have at made accountable. They may have been have helped me because they care a the CIA, like they have at the FBI, like moved, transferred or even promoted. great deal about getting the kind of they have at other agencies. We have That is not accountability. And when management reform they need so they big problems there that simply saying we talk about patronage, and I respect can be proud of the jobs they do. I ‘‘business as usual’’ will not solve. my colleagues’ defense of the status would certainly ask my Members to Mr. HOYER. Mr. Chairman, will the quo of jobs for life that often exist think twice about saying this is an im- gentleman yield? within the Federal service, I might re- perfect amendment when, in fact, only Mr. FLAKE. I yield to the gentleman mind them that the FBI does not enjoy with this amendment will management from Maryland. that and the FBI is not a patronage or- have the ability to terminate the peo- Mr. HOYER. Mr. Chairman, is there ganization. The CIA does not enjoy ple who should have been there to pro- any evidence that the rights which that, and no one would say it was pa- tect us and were not. would be undermined by this amend- tronage. The United States Army, the Ms. McCARTHY of Missouri. Mr. Chairman, ment were, in fact, impediments to United States Navy, the United States I rise in strong opposition to the Issa amend- management in effecting corrections of Marine Corps, the Coast Guard does ment offered to H.R. 3231, the Immigration the problems that you correctly ob- not enjoy the job protection that they Reform and Accountability Act. The amend- serve exist? presently have at the dysfunctional ment would: (1) eviscerate existing civil serv- Mr. FLAKE. We cannot know. We INS. ice laws that protect against hiring on the simply do not know. We do not know I ask my colleagues one more time to basis of patronage and cronyism; and (2) who is here, who is there, how many ask should this man having gone into eliminate all employment procedural protec- are here illegally. There is so much we flight training against the regulations, tions in disciplinary proceedings, including do not know at the INS. continued flight training and learned those in collective bargaining agreements. Mr. HOYER. I am talking about the how to fly a 757 into the World Trade Among other things, this would allow whistle- employees’ organizational rights and Center, should he in fact have been ad- blowers to be fired as a result of their actions. protections that would be, in our opin- mitted once, twice, and yet a third This amendment compromises basic federal ion, undermined by the Issa amend- time. I have no doubt that there has employee rights, limits the ability of Congress ment. Is there any evidence that they been plenty of discussion. to gain access to critical information about contributed in any way to the prob- Mr. CONYERS. Mr. Chairman, will agency activities, and dramatically increase lems? the gentleman yield? the already severe attrition rate within the Im- Mr. FLAKE. Reclaiming my time, all Mr. ISSA. I yield to the gentleman migration and Naturalization Service (INS). By we are seeking to do here is give them from Michigan. making it simple for managers to hire employ- the flexibility that is enjoyed by other Mr. CONYERS. Mr. Chairman, the ees and summarily dismiss them outside of agencies. We believe that is needed. I gentleman is very kind. the civil service process, the INS would have commend the gentleman for doing this. I just want to remind the gentleman, the authority to circumvent the civil service I was pleased to support the man- it is his amendment, but it not only af- system for hiring purposes. It would bring us ager’s amendment. There are other fects managers, it affects every em- back to a federal hiring system based on pa- things wrong at the INS. One of which ployee in the INS, everyone. tronage and cronyism, which the civil service is that little fiefdoms have been cre- Mr. ISSA. Reclaiming my time, this system was created to prevent. While the in- ated over the years and managers have amendment was made simple and un- tent of this amendment may be to provide the served sometimes in one position for 20 derstandable so in fact to be brought to agency the ability to seek outside profes- years. Whereas, in other agencies like the House floor. I asked that this kind sionals to provide expertise in specific areas April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1661 not currently available within the agency, the I urge a ‘‘no’’ vote on the Issa amendment. (c) STREAMLINED PROCEDURES FOR THE PRO- consequence of this amendment could elimi- Mr. ISSA. Mr. Chairman, I yield back CUREMENT OF INFORMATION TECHNOLOGY.— nate the Senior Executive Service Corps and the balance of my time. The Attorney General shall, when appro- priate, use streamlined acquisition authori- exacerbate problems within the INS. The CHAIRMAN. The question is on the amendment offered by the gen- ties and procedures authorized by law for a The other provision of this amendment, procurement described in subsection (a), in- eliminating restrictions on certain disciplinary tleman from California (Mr. ISSA). cluding authorities and procedures that are and other adverse actions taken against em- The question was taken; and the provided under the following provisions of ployees, would do away with the due process Chairman announced that the noes ap- law: protection and independent review and appeal peared to have it. (1) FEDERAL PROPERTY AND ADMINISTRATIVE that has served INS and its employees well for Mr. HOYER. Mr. Chairman, I demand SERVICES ACT OF 1949.—In title III of the Fed- many years. a recorded vote, and pending that, I eral Property and Administrative Services Mr. Chairman, INS workers deserve basic make the point of order that a quorum Act of 1949: (A) Paragraphs (1), (2), (6), and (7) of sub- rights and freedoms as federal employees is not present. The CHAIRMAN. Pursuant to clause section (c) of section 303 (41 U.S.C. 253), relat- such as the freedom to ‘‘blow the whistle’’ on ing to use of procedures other than competi- practices that do not serve the best intersts of 6, rule XVIII, further proceedings on tive procedures under certain circumstances the INS and of our nation. Adopting the Issa the amendment offered by the gen- (subject to subsection (e) of such section). amendment jeopardizes the basic employee tleman from California (Mr. ISSA) will (B) Section 303J (41 U.S.C. 253j), relating to rights and privileges guaranteed by the civil be postponed. orders under task and delivery order con- service system, and it further hampers the The point of no quorum is considered tracts. ability of the INS to attract and retain dedi- withdrawn. (2) OFFICE OF FEDERAL PROCUREMENT POLICY The CHAIRMAN. It is now in order to ACT.—Paragraphs (1)(B), (1)(D), and (2) of sec- cated and loyal employees to do the work as- tion 18(c) of the Office of Federal Procure- sociated with one of our country’s most impor- consider amendment No. 7 printed in House Report 107–419. ment Policy Act (41 U.S.C. 416(c)), relating to tant responsibilities: immigration. I urge my inapplicability of a requirement for procure- colleagues to vote ‘‘no’’ on this amendment. AMENDMENT NO. 7 OFFERED BY MS. LOFGREN ment notice. Mrs. CHRISTENSEN. Mr. Chairman, I rise Ms. LOFGREN. Mr. Chairman, I offer (d) NONDISCRIMINATION AGAINST SMALL- in opposition to Congressman ISSA’S amend- an amendment. BUSINESS CONCERNS.—This section shall be ment to H.R. 3231. The CHAIRMAN. The Clerk will des- applied in a manner that does not discrimi- Mr. ISSA’S amendment would remove exist- ignate the amendment. nate against small-business concerns (within ing civil service laws that are currently in place The text of the amendment is as fol- the meaning of such term as used in the lows: Small Business Act (15 U.S.C. 632 et seq.)) or to protect against hiring on the basis of pa- any type of small-business concern. Amendment No. 7 offered by Ms. LOFGREN: tronage and cronyism and eliminate all proce- (e) PERIOD OF AUTHORITY.—The authorities Page 62, after line 21, insert the following: dural protections in disciplinary proceeding, in- provided in this section shall apply with re- cluding those in collective bargaining agree- SEC. 13A. PROCUREMENTS OF INFORMATION spect to any procurement of information TECHNOLOGY TO IMPROVE PER- ments. This proposal would give the agency FORMANCE OR EFFICIENCY. technology products or services described in the authority to circumvent the civil service (a) IN GENERAL.—The authorities provided subsection (a) during fiscal years 2002 system for hiring purposes. It would also elimi- in this section apply to any procurement of through 2004. nate existing procedural protections for all INS information technology products or services, (f) REVIEW AND REPORT BY COMPTROLLER GENERAL.—Not later than 180 days after the employees for any offense ostensibly com- including the management of information technology improvement programs, nec- end of fiscal year 2004, the Comptroller Gen- mitted by an employee including collective eral shall submit to the Committees on Gov- bargaining protections pertaining to discipli- essary to improve the performance or effi- ciency of the Immigration and Naturaliza- ernment Reform and the Judiciary of the nary actions. tion Service, the Office of the Associate At- House of Representatives and the Commit- After the events of September 11th, it be- torney General for Immigration Affairs, the tees on Governmental Affairs and the Judici- came evident that there was a need to re- Bureau of Citizenship and Immigration Serv- ary of the Senate a report on the use of the structure the Immigration and Naturalization ices, and the Bureau of Immigration Enforce- authorities provided in this section. The re- Service (INS) in order to improve our national ment. Such procurements of information port shall contain the following: security. I commend my colleagues for their technology products or services may include (1) An assessment of the extent to which those necessary to improve the ability of the products and services acquired using au- leadership in bringing this bill on the floor thorities provided under this section contrib- today after months of investigation and hear- entities referred to in the preceding sentence to share information with other public agen- uted to the capacity of the entities referred ings on this matter. I support the INS reform cies and law enforcement authorities author- to in subsection (a) to carry out their mis- but not at the expense of protecting employee ized to receive such information. sions. rights. Mr. ISSA’S amendment does this. (b) SIMPLIFIED PROCEDURES FOR THE PRO- (2) Any recommendations of the Comp- Why would we strip INS employees from CUREMENT OF INFORMATION TECHNOLOGY.— troller General taking into account the as- safeguards against unfair hiring and firing (1) DEEMING PRODUCTS AND SERVICES AS sessment performed under paragraph (1). practices? As it stands today, the system that COMMERCIAL ITEMS.—Any product or service The CHAIRMAN. Pursuant to House INS currently has in place for dealing with procured by the Attorney General as de- Resolution 396, the gentlewoman from labor related issues is failing their employees. scribed in subsection (a) may be deemed to California (Ms. LOFGREN) and a Mem- be a commercial item (as defined in section ber opposed each will control 10 min- Since I have been a member of Congress I 4(12) of the Office of Federal Procurement have received several personnel related com- Act (41 U.S.C. 403)) for purposes of sections 31 utes. plaints from INS employees in or from my dis- and 34 of the Office of Federal Procurement The Chair recognizes the gentle- trict. Many others have been handled through Policy Act (41 U.S.C. 427, 430) and section woman from California (Ms. LOFGREN). their union. The Issa amendment would further 303(g) of the Federal Property and Adminis- Ms. LOFGREN. Mr. Chairman, I ask exasperate these issues by leaving INS rank trative Services Act of 1949 (41 U.S.C. 253(g)). unanimous consent to divide the time and file employees with no recourse against (2) INAPPLICABILITY OF LIMITATION ON USE evenly with the gentleman from Utah possible unfair practices by management. OF SIMPLIFIED ACQUISITION PROCEDURES.— (Mr. CANNON) and that he be allowed to The purpose of the Barbara Jordan Reform (A) IN GENERAL.—The $5,000,000 limitation control such time. provided in section 31(a)(2) of the Office of I would note that this amendment Bill is to restructure the INS. It is the system Federal Procurement Policy Act (41 U.S.C. that failed us and not the employees. This 427(a)(2)), and section 303(g)(1)(B) of the Fed- has been offered with the gentleman amendment undermines the intent of the Bar- eral Property and Administrative Services from Utah (Mr. CANNON) as well as the bara Jordan Reform Bill. Act of 1949 (41 U.S.C. 253(g)(1)(B)) shall not gentlewoman from Texas (Ms. JACK- Let’s not use this bill as an opportunity to apply to purchases of products or services SON-LEE), gentlewoman from California punish the INS employees. We must continue deemed to be a commercial item under para- (Mrs. BONO), and the gentleman from to protect and value the employees of this and graph (1). Arizona (Mr. FLAKE). every other agency or business. Despite res- (B) GUIDANCE.—The Attorney General and The CHAIRMAN. Is there objection the Administrator of Federal Procurement to the request of the gentlewoman ervations about the current administrations Policy shall jointly issue guidance and pro- policies with regard to justice and civil rights, cedures for the use of simplified acquisition from California? I do support the base bill for its efforts to cre- procedures for a purchase of products or There was no objection. ate a more efficient Service. I congratulate my services in excess of $5,000,000 under the au- Ms. LOFGREN. Mr. Chairman, I yield colleagues on their efforts. thority of this section. myself such time as I may consume. H1662 CONGRESSIONAL RECORD — HOUSE April 25, 2002 Mr. Chairman, this amendment ture program, something that the new Everyone knows my respect for the would provide for simplified procedures Commissioner has actually freely ad- gentlewoman from California (Ms. for acquisition of information-tech- mitted. When I asked the last Congress LOFGREN), but I hope that she will have nology solutions to help reform the for the technology plan, I was told that a better answer than I do for the mi- INS. The simplified acquisition proce- they hope someday to update their nority contractors in my district and dures were initially created in the Fed- DOS system. I kid my colleagues not. hers, who are catching it right now eral Acquisition Streamlining Act of Mr. Chairman, I reserve the balance with procurement rules, tossing them 1994 and augmented under the Klinger- of my time. out. I just want to find out what we Cohen Act of 1996. Mr. SENSENBRENNER. Mr. Chair- tell them if her amendment prevails. These procedures will speed up the man, I rise in opposition to the amend- Mr. SENSENBRENNER. Mr. Chair- procurement process to allow agencies ment. man, I reserve the balance of my time. to acquire goods and services they need The CHAIRMAN pro tempore (Mr. Mr. CANNON. Mr. Chairman, I yield 1 in a more efficient manner. There are SIMPSON). The gentleman from Wis- minute to the gentleman from Cali- shorter waiting periods after the no- consin (Mr. SENSENBRENNER) is recog- fornia (Mr. ISSA). tices are issued, more flexibility in how nized for 10 minutes. Mr. ISSA. Mr. Chairman, this is yet requests for proposals are put together, Mr. SENSENBRENNER. Mr. Chair- another example of when a manager’s fewer potential bidders have to be noti- man, I yield myself such time as I may deal is done, some things get left out. fied. It is important to note that com- consume. And this is a very worthwhile part of petition is still required and bids must I oppose this amendment. The INS the reform, this is just as bipartisan. be solicited from at least three bidders. has had a difficulty for a long time in My colleague from California, my Under current law, agencies may use developing and fielding information colleague from Utah, in fact, are often simplified acquisition procedures to ac- systems to support its programs oper- opposed on bills, but not this time. quire goods and services worth up to ation, but this is not the reason to de- Why? Because we want a streamlined 100,000 and to acquire commercial viate from the rules that this Congress organization. We want to empower this items up to 5 million. This amendment has put in place to govern full and open organization to do what it needs to do further adds to the flexibility for the competition in the government pro- and do it efficiently. That has been the acquisition of technology as well as the curement process. complaint for more than 30 years. management of technology. INS failure is bipartisan. Administra- Given the difficulties the INS has had It is important to note that within tion after administration have failed to in effectively managing and using in- the amendment there is a non- do what we seek to do here today, and formation technology in the past, the discrimination provision against small I strongly support the Lofgren-Cannon Associate Attorney General for Immi- businesses so that we can continue to amendment because it is bipartisan. It gration Affairs should be required to have small business play a vigorous will lead to efficiencies. It is about follow all pertinent procurement re- and vital role in the provision of IT and making this organization do a better quirements until such time as he has there is also protection in the Truth job for all of us. and Negotiating Act which would con- shown the capability to manage the Ms. LOFGREN. Mr. Chairman, how tinue to apply, as well as the Federal plan and ongoing information tech- much time remains? Cost Accounting Standards Act that nology investments effectively. The CHAIRMAN pro tempore. The Only in this way can we ensure that would continue to protect taxpayers. gentlewoman from California has 11⁄2 The immigration service is an agency the hundreds of millions of dollars that minutes remaining. The gentleman that is in the dark ages techno- will be spent on IT by the new INS and from Utah has 4 minutes remaining. logically. I am of the belief that until its successors will be spent wisely. The gentleman from Wisconsin has 71⁄2 we allow and actually insist and give That is why we have procurement regu- minutes remaining. the tools to management to bring tech- lations. They are designed to ensure Ms. LOFGREN. Mr. Chairman, I re- nology, they will never get ahead of that the government, and thus the tax- serve my time. their problem. Mr. Ziegler, the current payers, get the best possible product, Mr. CANNON. Mr. Chairman, I yield commissioner, told the House Com- while the taxpayer is charged the low- myself such time as I may consume. mittee on the Judiciary in March that, est possible price. They are designed to I rise in support of this amendment ‘‘The INS is big on information but avoid the potential for contracts being to speed up the adoption of new infor- small on technology.’’ steered to friends or relatives. mation technology by the restructured I would say that is an understate- We do not need sole-source bidding, agency. I offer this amendment to- ment. Recently, at home in Silicon and this is what the Lofgren amend- gether with the gentlewoman from Valley, there was a convention of IT ment opens the door for, but open and California (Ms. LOFGREN) and other professionals meeting from the govern- fair competition in the awarding of Members of this body, including the ment, the Federal Government pri- contracts. gentleman from California (Mr. BER- marily, meeting with CEOs and tech- Mr. Chairman, Members should know MAN), the gentlewoman from California nology wizards in Silicon Valley, and I that the administration strongly op- (Mrs. BONO), the gentleman from Ari- would like to read what the INS CIO poses this amendment because of the zona (Mr. FLAKE), and the gentleman George Bollinger said relative to his detrimental impact on policies and from Wisconsin (Mr. GREEN). I believe role at the INS. ‘‘I am to high tech procedures on procurement. I am also this amendment has broad support, and what Danny DeVito is to the NBA.’’ informed that both the Republican and I would urge the Members to watch That is the quote of the guy who is in Democratic leadership of the Com- who votes for it as we come to a vote, charge of information technology at mittee on Government Reform, that if that happens. the INS describing his ability to man- has got principal jurisdiction over this The INS is one of the worst Federal age IT. agencies in adopting information tech- This amendment would allow man- topic, have got significant concerns nology necessary to do its job more ef- agement to be brought in. I think if we about the Lofgren amendment. ficiently and at a lower cost. The cur- failed to do this, and its proposal is for I will be happy to continue working rent INS and the new immigration bu- a 2-year time period only, INS only, we on this issue before conference on this reaus have a core function of managing are going to continue to fall further bill with the drafters of the amend- information about people. In that task, and further behind. This is an agency ment, the Committee on Government that is still creating paper files, an Reform, and the administration, but I they are way behind. The INS has com- agency that is putting material on would urge Members to oppose the puters incapable of performing basic microfiche. There are over 100 data- amendment at this time. tasks, information systems that do not bases that cannot communicate with Mr. Chairman, I yield such time as he talk to each other, and still do things each other. may consume to the gentleman from and is still doing things like putting Michigan (Mr. CONYERS). together important documents on b 1400 Mr. CONYERS. Mr. Chairman, I microfilm and boxing them up for stor- There is no ability within the agency thank the gentleman from Wisconsin age rather than making them available to even devise an enterprise architec- for yielding me the time. to line officers via computer. April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1663 The technology is already critical Mr. HUNTER. Mr. Chairman, I thank This amendment is totally unneces- and will get worse if we do not do the gentleman from Utah for yielding sary. We have streamlined many of our something, provide some temporary me the time, and I just want to say I procurement practices over the last flexibility to the Attorney General to support his amendment. I would also decade, and we are now reading news buy technology solutions while this like to take this opportunity to say I reports that tell us we may have agency restructures itself. support the Issa amendment, which streamlined them too much. In one re- Under the simplified acquisition pro- would make excepted employees of INS cent story, Charles Tiefter, the Univer- cedures in this amendment, there are employees and give them, I think, sity of Baltimore professor who spent a shorter waiting periods after notices more accountability in a very, very se- decade here working as a House lawyer, are issued, more flexibility in how re- rious and very critical position. said, ‘‘Scandals are coming,’’ referring quests for proposals are put together. I thank the gentleman for letting me to the procurement practices of the Fewer potential bidders have to be no- add that endorsement of the Issa Federal Government. tified. The competition is still re- amendment. Now is not the time to give a blank quired. Bids must be solicited from at Mr. CANNON. Mr. Chairman, I yield check to the INS, and I hope my col- least three bidders. myself such time as I may consume. leagues will join us in bipartisan oppo- It is also important to note that al- Let me just point out that it has sition to this amendment. though this amendment will speed it been wonderful working with the Ms. LOFGREN. Mr. Chairman, do I up, that is, information technology ac- Chairman on this issue. We have, in have the right to close? quisitions, there are still a number of fact, included some great provisions in The CHAIRMAN pro tempore. The important safeguards that protect the the manager’s amendment that allows gentleman from Wisconsin (Mr. SEN- agency and the taxpayers. Two of the for more flexibility in firing. They do SENBRENNER) has the right to close. most important laws that still apply not go quite as far as the Issa amend- Ms. LOFGREN. Mr. Chairman, I re- serve my time. are the Truth in Negotiating Act. ment, I will point out, but this is a dif- Mr. SENSENBRENNER. Mr. Chair- TINA requires contractors to provide ferent issue. man, I yield 2 minutes to the gentle- cost and pricing data to the Federal This is an important issue, and this woman from New York (Mrs. Government and certify their accu- issue relates to how and when and how MALONEY). racy. False certifications result in quickly we get technology into the INS. Mrs. MALONEY of New York. Mr. downward adjustments. Such procure- Mr. Chairman, I yield back my time. Chairman, I thank the gentleman from ments are not exempt from Federal Mr. SENSENBRENNER. Mr. Chair- Wisconsin for yielding me the time, cost accounting standards that help man, I yield 2 minutes to the gen- and I join him and the gentleman from prevent contractors from inflating tleman from Texas (Mr. TURNER). Michigan (Mr. CONYERS) in a bipartisan their costs. Mr. TURNER. Mr. Chairman, I thank effort to uphold the laws of our coun- I understand some Members of the the gentleman from Wisconsin for try in terms of procurement which Committee on Government Reform do yielding me the time. were put in place for better govern- not like this amendment, and I am a It is a pleasure to join in a bipartisan ment oversight, to save taxpayers’ dol- member of that committee myself. We opposition to this Lofgren-Cannon lars, and to be sure that there is full worked with the majority staff and amendment. The INS does not need a and open competition for the billions OMB to try to address their concerns. blank check from this Congress. If my of dollars that this government spends And in an ideal world, we could have colleagues look at the record of the in contracts. hearings and studies and recommenda- INS, it has shown a total inability to One of my dear friends and colleagues tions in that committee about govern- successfully implement information mentioned earlier in debate that we ment procurement policy generally to technology advancements. were going to get past the redtape. I address these problems. But I urge my The Inspector General at the Depart- would hardly call competitive bidding colleagues not to care more about ju- ment of Justice said that the INS and allowing people to compete for the risdictional turf battles than making ‘‘made huge investments in automa- right to provide services at the best this immigration agency work and giv- tion technology and information sys- price redtape. I would call that, saving ing it the technology to do so. This au- tems that have yielded questionable re- taxpayers’ dollars, good government thority is what the INS has indicated sults,’’ and continues ‘‘to spend hun- and what should be done in this Con- before the Committee on the Judiciary dreds of millions of dollars’’ on infor- gress. that they need to get a handle on these mation technology initiatives ‘‘with- I tell my colleagues that the fact problems. out being able to explain how the that the INS is one of the worst-man- This is an opportunity to provide money was spent or what was accom- aged systems, and it has been called by some temporary flexibility to get the plished.’’ their own IG, an information system right technology in place at that re- This amendment would waive the re- that has a top management challenge. structured immigration agency. It is a quirement for full and open competi- The fact that it is poorly managed is chance to solve some huge problems. tion on information technology prod- more of a reason that we should have So if my colleagues like the status quo, ucts and services for the INS through these safeguards that the gentleman if they think the current technology 2004. The INS would be able to purchase before me mentioned. There are exemp- situation at INS is great, then they a multimillion-dollar computer tech- tions that they can take if they so should vote against this amendment. nology improvement without any re- need, but for billion-dollar, multi- But the American people want results, quirement for competitive bids or re- million-dollar contracts, I would say and this Congress also wants results. view under existing law. regular order, competitive bidding, and We want an agency with the tech- There are six exceptions already in let us follow the laws of this country. nology in place to prevent dead terror- law that would allow them to avoid the The procurement laws were put in ists from getting visa documents 6 requirement of open competition if place not only to have good oversight months after they have attacked us they saw fit to do so; things like a na- and good management and to protect and died. We should want technology in tional security requirement; maybe taxpayers’ dollars but also to allow place to reduce backlogs for legal im- there is only one responsible bidder. small companies and small businesses migrants and track the whereabouts of The law provides for unusual and com- a door into government, the ability to aliens who are in this country. The way pelling circumstances that would do compete for work. to do that is to ease the restrictions harm to the government as an excep- Why should we slam the door in their and red tape on procuring the right tion. And, finally, if the head of the face? We are just talking about saving technology to solve these problems. INS determines that it is in the public taxpayers’ dollars and getting the best I urge my colleagues to support the interest to avoid competition, all they form of government there to serve the Cannon-Lofgren amendment. have to do is notify Congress 30 days people. And we must ensure that there Mr. Chairman, I yield such time as he before they award the contract to give is an opportunity for companies to fair- may consume to the gentleman from us the opportunity to express our con- ly compete by allowing the INS to get California (Mr. HUNTER). cern. around existing procurement laws. H1664 CONGRESSIONAL RECORD — HOUSE April 25, 2002 This amendment prohibits full and assessments for what the agency needs. The CHAIRMAN pro tempore. Pursu- open competition on information tech- And actually, what they are saying is ant to clause 8 of rule XVIII, further nology purchases, and I urge a no vote have everyone come in, not a sole proceedings on the amendment offered in a bipartisan effort. source, come in and help this agency by the gentlewoman from California I must conclude by commending the find out what it needs. We lack an en- (Ms. LOFGREN) will be postponed. gentlewoman from California (Ms. terprise architecture, and under cur- SEQUENTIAL VOTES POSTPONED IN COMMITTEE LOFGREN) on her excellent work. In rent law we cannot do that. OF THE WHOLE this body we usually agree, but on this If we do not streamline and allow for The CHAIRMAN pro tempore. Pursu- one I come down on the side of the tax- existing streamlined procedures to be ant to clause 6 of rule XVIII, pro- payers. Full and open competition. put in place on a 2-year time frame for ceedings will now resume on those Vote no. this agency, we are going to continue amendments on which further pro- Ms. LOFGREN. Mr. Chairman, how to hear what we have for the last 10 ceedings were postponed in the fol- much time remains on both sides? years. In 2 years’ time we will have lowing order: amendment No. 6 offered The CHAIRMAN pro tempore. The some technology. We still have 236 PCs, by the gentleman from California (Mr. gentlewoman from California (Ms. we still have an agency that is creating ISSA) and amendment No. 7 offered by LOFGREN) has 11⁄2 minutes remaining. paper files. If we do not apply the exist- the gentlewoman from California (Ms. The gentleman from Wisconsin (Mr. ing law that allows for streamlining LOFGREN). 1 acquisitions to this agency, we are SENSENBRENNER) has 3 ⁄2 minutes re- The Chair will reduce to 5 minutes maining. going to end up continuing to waste the time for any electronic vote after Ms. LOFGREN. Mr. Chairman, I re- taxpayers’ dollars; we are going to con- the first vote in this series. tinue to have Americans put at risk be- serve my time. AMENDMENT NO. 6 OFFERED BY MR. ISSA Mr. SENSENBRENNER. Mr. Chair- cause databases cannot communicate with each other. The CHAIRMAN pro tempore. The man, I yield 1 minute to the gentleman pending business is the demand for a from Michigan (Mr. CONYERS). I have seen the picture of Mohammed Atta too many times today. The reason recorded vote on the amendment of- Mr. CONYERS. Mr. Chairman, I fered by the gentleman from California thank the gentleman from Wisconsin why they were admitted is because the (Mr. ISSA) on which further proceedings for yielding me the time. inspector at the gate did not know what the other hand of the INS was were postponed and on which the noes I have figured this out now. This has prevailed by a voice vote. been confusing me, why this is a high- doing. And unless we have technology deployed in this agency, that deplor- The Clerk will redesignate the tech boondoggle. That is what this is. amendment. Waive the rules so the high-tech people able condition will continue to be true. Mr. SENSENBRENNER. Mr. Chair- The Clerk redesignated the amend- can run wild. man, I yield myself the balance of my ment. The gentleman from Utah is exempt time. RECORDED VOTE from this. They do not have many Mr. Chairman, the issue is whether high-tech people or many minorities. The CHAIRMAN pro tempore. A re- the INS should go into more sole- corded vote has been demanded. b 1415 source procurement for information- A recorded vote was ordered. So he does not know that much about technology issues. Competitive bidding The vote was taken by electronic de- minority procurement rules, but the keeps the cost down to the taxpayers, vice, and there were—ayes 145, noes 272, rest of my colleagues here do. Tell me and it means that various vendors com- not voting 17, as follows: what I tell the African American peo- pete against one another on who can [Roll No. 114] provide the best product for the lowest ple, business persons, that have been AYES—145 trying to get in the door for 20 years? possible cost for what the government needs. Aderholt Everett Nethercutt Mr. CANNON. Mr. Chairman, will the Akin Flake Northup gentleman yield? I would remind all Members, but par- Armey Forbes Norwood Mr. CONYERS. I yield to the gen- ticularly those on the Republican side Bachus Fossella Osborne Baker Frelinghuysen Otter tleman from Utah. of the aisle, that the administration has a great deal of concern about this Ballenger Gibbons Oxley Mr. CANNON. Mr. Chairman, let me Barr Goode Paul remind the gentleman that Utah is amendment, particularly the OMB. I do Bartlett Goodlatte Pence really one of the high-tech havens on not think that as we restructure that Barton Goss Peterson (PA) agency we should throw out all of the Bass Graham Pickering earth; and interestingly, many of our Bilirakis Granger Pitts minorities are running our high-tech procurement rules relative to com- Blunt Graves Platts companies. Let me also make two puter and information-technology pro- Bonilla Green (WI) Pombo Bono Greenwood Portman points in particular. One, they are will- curement. The time may come when the new Boozman Gutknecht Putnam ing to compete; and, two, this is a very Brady (TX) Hall (TX) Radanovich Associate Attorney General for immi- narrow exemption. A very, very narrow Brown (SC) Hansen Ramstad gration affairs may find this necessary, Bryant Hastings (WA) Rehberg exemption. but let us wait until we restructure the Buyer Hayworth Riley Mr. CONYERS. Reclaiming my time, agency and the person who is going to Callahan Hefley Rogers (MI) Mr. Chairman, I am so relieved, I can- Calvert Herger Royce be the overseer of the entire operation not tell the gentleman how much bet- Camp Hilleary Ryan (WI) makes a determination of whether Cannon Houghton Ryun (KS) ter I feel now that he has told me. competitive bidding works or we Cantor Hunter Schrock Mr. CANNON. The gentleman should Chabot Hyde Sessions should make a particular exception. Chambliss Issa Shadegg come to Utah to see this. This amendment puts the cart before Ms. LOFGREN. Mr. Chairman, I yield Coble Istook Sherwood the horse. I would urge a ‘‘no’’ vote to Collins Johnson, Sam Shuster myself the balance of my time, and I keep the cart after the horse. Combest Kelly Simpson will conclude. Mr. Chairman, I yield back the bal- Condit Kennedy (MN) Souder I think there is some misunder- Cox Kerns Stearns ance of my time. Crane Kirk Stump standings among some of the speakers The CHAIRMAN pro tempore (Mr. Crenshaw Kolbe Sullivan because the amendment before us does SIMPSON). All time for debate on the Cubin Lewis (KY) Sununu not repeal procurement law; it merely Culberson Linder Tancredo amendment has expired. Cunningham Lucas (OK) Tauzin applies the procurement efficiency The question is on the amendment Deal Manzullo Taylor (MS) laws, the Clinger-Cohen Act, to the offered by the gentlewoman from Cali- DeLay McCrery Taylor (NC) INS, and changes the limits for a 2- fornia (Ms. LOFGREN). DeMint McInnis Terry year time period so that we can get Doolittle McKeon Thomas The question was taken; and the Dreier Mica Thornberry some technology into this agency. Chairman pro tempore announced that Duncan Miller, Dan Thune Right now, Silicon Valley companies the noes appeared to have it. Ehlers Miller, Gary Tiahrt and high-tech companies across the Mr. CANNON. Mr. Chairman, I de- Ehrlich Miller, Jeff Toomey country are willing to come in and do mand a recorded vote. Emerson Moran (KS) Upton April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1665 Vitter Weldon (FL) Wicker NOT VOTING—17 Sessions Sununu Wicker Walden Weldon (PA) Wilson (SC) Shadegg Thornberry Wilson (NM) Baldacci Hulshof Schaffer Wamp Weller Shimkus Vitter Wilson (SC) Blagojevich Jones (NC) Smith (WA) Smith (NJ) Walden Wolf Watkins (OK) Whitfield Cooksey Leach Tanner Souder Wamp Woolsey Harman Matsui Traficant Stearns Weller Wu NOES—272 Hinojosa Rangel Waxman Abercrombie Hart Nussle Holt Rodriguez NOES—312 Ackerman Hastings (FL) Oberstar Abercrombie Gekas McNulty Allen Hayes Obey b 1446 Ackerman Gephardt Meehan Andrews Hill Olver Mr. KENNEDY of Rhode Island, Mr. Allen Gilchrest Meek (FL) Baca Hilliard Ortiz Andrews Gillmor Meeks (NY) Baird Hinchey Ose SAWYER, Mrs. CAPITO, and Mrs. Baca Gilman Menendez Baldwin Hobson Owens McCARTHY of New York changed their Bachus Gonzalez Millender- Barcia Hoeffel Pallone vote from ‘‘aye’’ to ‘‘no.’’ Baird Goode McDonald Pascrell Barrett Hoekstra Messrs. REHBERG, BACHUS, Baldwin Gordon Miller, Gary Becerra Holden Pastor Barcia Goss Miller, George Bentsen Honda Payne BROWN of South Carolina, COLLINS, Barrett Granger Miller, Jeff Bereuter Hooley Pelosi GOODLATTE, FRELINGHUYSEN, Barton Graves Mink Berkley Horn Peterson (MN) EVERETT, FOSSELLA, Mrs. CUBIN Becerra Green (TX) Mollohan Berman Hostettler Petri Bentsen Green (WI) Nadler Berry Hoyer Phelps and Mrs. NORTHUP changed their vote Bereuter Greenwood Napolitano Biggert Inslee Pomeroy from ‘‘no’’ to ‘‘aye.’’ Berkley Grucci Neal Bishop Isakson Price (NC) So the amendment was rejected. Berry Gutierrez Ney Pryce (OH) Blumenauer Israel The result of the vote was announced Biggert Hall (OH) Northup Boehlert Jackson (IL) Quinn Bishop Hansen Norwood Boehner Jackson-Lee Rahall as above recorded. Blumenauer Hart Oberstar Regula Bonior (TX) ANNOUNCEMENT BY THE CHAIRMAN PRO Blunt Hayes Obey Reyes Borski Jefferson TEMPORE Boehlert Hilliard Ortiz Boswell Jenkins Reynolds Boehner Hinchey Ose Boucher John Rivers The CHAIRMAN pro tempore (Mr. Bonior Hobson Otter Boyd Johnson (CT) Roemer SIMPSON). Pursuant to clause 6 of rule Boozman Hoeffel Owens Brady (PA) Johnson (IL) Rogers (KY) Borski Hoekstra Pallone Rohrabacher XVIII, the Chair announces he will re- Brown (FL) Johnson, E. B. duce to 5 minutes the minimum time Boswell Holden Pascrell Brown (OH) Jones (OH) Ros-Lehtinen Brady (PA) Hooley Pastor Burr Kanjorski Ross period for which a vote by electronic Brown (FL) Hostettler Payne Burton Kaptur Rothman device will be taken on the remaining Brown (OH) Houghton Pelosi Capito Keller Roukema Brown (SC) Hoyer Pence Roybal-Allard amendment on which the Chair has Capps Kennedy (RI) Buyer Hyde Peterson (MN) Rush Capuano Kildee postponed further proceedings. Callahan Inslee Peterson (PA) Sabo Cardin Kilpatrick AMENDMENT NO. 7 OFFERED BY MS. LOFGREN Calvert Israel Petri Sanchez Carson (IN) Kind (WI) Camp Istook Phelps Sanders The CHAIRMAN pro tempore. The Carson (OK) King (NY) Capito Jackson (IL) Pitts Sandlin Castle Kingston pending business is the demand for a Capps Jackson-Lee Platts Sawyer Clay Kleczka recorded vote on the amendment of- Capuano (TX) Pomeroy Saxton Clayton Knollenberg Cardin Jefferson Portman Schakowsky fered by the gentlewoman from Cali- Clement Kucinich Carson (IN) Jenkins Price (NC) Schiff fornia (Ms. LOFGREN) on which further Clyburn LaFalce Carson (OK) John Pryce (OH) Scott LaHood proceedings were postponed and on Castle Johnson (CT) Putnam Conyers Sensenbrenner Costello Lampson which the noes prevailed by voice vote. Chabot Johnson (IL) Quinn Serrano Chambliss Johnson, E. B. Radanovich Coyne Langevin Shaw The Clerk will redesignate the Cramer Lantos Clay Jones (OH) Rahall Shays amendment. Clayton Kanjorski Regula Crowley Larsen (WA) Sherman Cummings Larson (CT) The Clerk redesignated the amend- Clement Kaptur Rehberg Shimkus Clyburn Keller Reyes Davis (CA) Latham Shows ment. Davis (FL) LaTourette Collins Kelly Reynolds Simmons RECORDED VOTE Condit Kerns Riley Davis (IL) Lee Skeen Davis, Jo Ann Levin The CHAIRMAN pro tempore. A re- Conyers Kildee Rivers Skelton Costello Kilpatrick Roemer Davis, Tom Lewis (CA) Slaughter corded vote has been demanded. DeFazio Lewis (GA) Coyne King (NY) Rogers (KY) Smith (MI) A recorded vote was ordered. Cramer Kleczka Rogers (MI) DeGette Lipinski Smith (NJ) Crenshaw Knollenberg Rohrabacher Delahunt LoBiondo The CHAIRMAN pro tempore. This Smith (TX) Crowley Kucinich Ros-Lehtinen DeLauro Lofgren will be a 5-minute vote. Snyder Cubin LaFalce Ross Deutsch Lowey Solis The vote was taken by electronic de- Culberson LaHood Rothman Diaz-Balart Lucas (KY) Spratt vice, and there were—ayes 105, noes 312, Cummings Lampson Roukema Dicks Luther Stark Davis (CA) Langevin Roybal-Allard Dingell Lynch not voting 17, as follows: Stenholm Davis (FL) Lantos Royce Doggett Maloney (CT) Strickland [Roll No. 115] Davis (IL) Larsen (WA) Rush Dooley Maloney (NY) Stupak Deal Larson (CT) Sabo Doyle Markey AYES—105 Sweeney DeFazio Latham Sanchez Dunn Mascara Aderholt DeMint Kennedy (MN) Tauscher DeLauro LaTourette Sanders Edwards Matheson Akin Dooley Kennedy (RI) Thompson (CA) DeLay Lee Sandlin Engel McCarthy (MO) Armey Doolittle Kind (WI) Thompson (MS) Deutsch Levin Sawyer English McCarthy (NY) Baker Duncan Kingston Thurman Diaz-Balart Lewis (CA) Saxton Eshoo McCollum Ballenger Ehlers Kirk Tiberi Dicks Lewis (GA) Schakowsky Etheridge McDermott Barr Eshoo Kolbe Tierney Dingell Lewis (KY) Schiff Evans McGovern Bartlett Farr Linder Towns Doggett Lipinski Schrock Farr McHugh Bass Flake Lofgren Turner Doyle LoBiondo Scott Fattah McIntyre Berman Frank McInnis Udall (CO) Dreier Lowey Sensenbrenner Ferguson McKinney Bilirakis Ganske McKeon Udall (NM) Edwards Lucas (KY) Serrano Filner McNulty Bonilla Gibbons McKinney Velazquez Ehrlich Lucas (OK) Shaw Fletcher Meehan Bono Goodlatte Mica Visclosky Emerson Luther Shays Foley Meek (FL) Boucher Graham Miller, Dan Walsh Engel Lynch Sherman Ford Meeks (NY) Boyd Gutknecht Moore Waters English Maloney (CT) Sherwood Frank Menendez Brady (TX) Hall (TX) Moran (KS) Watson (CA) Etheridge Maloney (NY) Shows Frost Millender- Bryant Harman Moran (VA) Watt (NC) Evans Manzullo Shuster Gallegly McDonald Burr Hastings (FL) Morella Watts (OK) Everett Markey Simmons Ganske Miller, George Burton Hastings (WA) Myrick Weiner Fattah Mascara Simpson Gekas Mink Cannon Hayworth Nethercutt Wexler Ferguson Matheson Skeen Gephardt Mollohan Cantor Hefley Nussle Wilson (NM) Filner Matsui Skelton Gilchrest Moore Coble Herger Olver Wolf Fletcher McCarthy (MO) Slaughter Gillmor Moran (VA) Combest Hill Osborne Woolsey Foley McCarthy (NY) Smith (MI) Gilman Morella Cox Hilleary Oxley Wu Forbes McCollum Smith (TX) Gonzalez Murtha Crane Honda Paul Wynn Ford McCrery Snyder Gordon Myrick Cunningham Horn Pickering Young (AK) Fossella McDermott Solis Green (TX) Nadler Davis, Jo Ann Hunter Pombo Young (FL) Frelinghuysen McGovern Spratt Grucci Napolitano Davis, Tom Isakson Ramstad Frost McHugh Stark Gutierrez Neal DeGette Issa Ryan (WI) Gallegly McIntyre Stenholm Hall (OH) Ney Delahunt Johnson, Sam Ryun (KS) H1666 CONGRESSIONAL RECORD — HOUSE April 25, 2002 Strickland Thune Waters A recorded vote was ordered. Olver Royce Tauscher Stump Thurman Watkins (OK) Ortiz Rush Tauzin Stupak Tiahrt Watson (CA) The vote was taken by electronic de- Osborne Ryan (WI) Taylor (MS) Sullivan Tiberi Watt (NC) vice, and there were—ayes 405, noes 9, Ose Ryun (KS) Taylor (NC) Sweeney Tierney Watts (OK) not voting 21, as follows: Otter Sabo Terry Tancredo Toomey Weiner Owens Sanchez Thomas Tauscher Towns Weldon (FL) [Roll No. 116] Oxley Sawyer Thompson (CA) Tauzin Turner Weldon (PA) AYES—405 Pallone Saxton Thompson (MS) Taylor (MS) Udall (CO) Wexler Pascrell Schakowsky Thornberry Taylor (NC) Udall (NM) Whitfield Ackerman DeMint Jackson-Lee Pastor Schiff Thune Terry Upton Wynn Aderholt Deutsch (TX) Paul Schrock Thurman Thomas Velazquez Young (AK) Akin Diaz-Balart Jefferson Payne Scott Tiahrt Thompson (CA) Visclosky Young (FL) Allen Dicks Jenkins Pelosi Sensenbrenner Tiberi Thompson (MS) Walsh Andrews Dingell Johnson (CT) Pence Serrano Tierney Armey Doggett Johnson (IL) Peterson (MN) Sessions Toomey NOT VOTING—17 Baca Dooley Johnson, E. B. Peterson (PA) Shadegg Towns Baldacci Hulshof Schaffer Bachus Doolittle Johnson, Sam Petri Shaw Turner Blagojevich Jones (NC) Smith (WA) Baird Doyle Jones (OH) Phelps Shays Udall (CO) Cooksey Leach Tanner Baker Dreier Kanjorski Pickering Sherman Udall (NM) Dunn Murtha Traficant Baldwin Duncan Kaptur Pitts Sherwood Upton Hinojosa Rangel Waxman Ballenger Dunn Keller Platts Shimkus Velazquez Holt Rodriguez Barcia Edwards Kelly Pombo Shows Visclosky Barr Ehlers Kennedy (MN) Portman Shuster Vitter b 1455 Barrett Ehrlich Kennedy (RI) Price (NC) Simmons Walden Bartlett Emerson Kerns Pryce (OH) Simpson Walsh Mr. KERNS and Mr. WATT of North Barton Engel Kildee Putnam Skeen Wamp Carolina changed their vote from Bass English Kilpatrick Quinn Skelton Waters ‘‘aye’’ to ‘‘no.’’ Becerra Eshoo Kind (WI) Radanovich Slaughter Watkins (OK) Ms. HARMAN and Messrs. Bentsen Etheridge King (NY) Rahall Smith (MI) Watson (CA) Bereuter Evans Kingston Ramstad Smith (NJ) Watts (OK) ADERHOLT, BERMAN and GOOD- Berkley Everett Kirk Regula Smith (TX) Weiner LATTE changed their vote from ‘‘no’’ Berman Farr Kleczka Rehberg Snyder Weldon (FL) to ‘‘aye.’’ Berry Fattah Knollenberg Reyes Solis Weldon (PA) Biggert Kucinich So the amendment was rejected. Ferguson Reynolds Souder Weller Bilirakis Filner LaFalce Riley Spratt Wexler The result of the vote was announced Bishop Flake LaHood Rivers Stark Whitfield as above recorded. Blumenauer Fletcher Lampson Roemer Stearns Wicker The CHAIRMAN pro tempore (Mr. Blunt Foley Langevin Rogers (KY) Stenholm Wilson (NM) Boehlert Forbes Larsen (WA) Rogers (MI) Strickland Wilson (SC) SIMPSON). There being no further Boehner Ford Larson (CT) Rohrabacher Stump Wolf Bonilla Latham amendments in order, the question is Fossella Ros-Lehtinen Stupak Woolsey Bonior LaTourette on the committee amendment in the Frank Ross Sullivan Wu Bono Leach Frelinghuysen Rothman Sununu Wynn nature of a substitute, as amended. Boozman Lee Frost Roukema Sweeney Young (AK) The committee amendment in the Borski Levin Gallegly Roybal-Allard Tancredo Young (FL) Boswell Lewis (CA) nature of a substitute, as amended, was Ganske Boucher Lewis (GA) agreed to. Gekas NOES—9 Boyd Lewis (KY) Gephardt The CHAIRMAN pro tempore. Under Brady (PA) Linder Abercrombie Kolbe Pomeroy Gibbons the rule, the Committee rises. Brady (TX) Lipinski Clayton Lofgren Sanders Gilchrest Brown (FL) LoBiondo Honda Mink Watt (NC) Accordingly, the Committee rose; Gillmor and the Speaker pro tempore (Mr. Brown (OH) Lowey NOT VOTING—21 Brown (SC) Gilman Lucas (KY) LAHOOD) having assumed the chair, Mr. Bryant Gonzalez Lucas (OK) Baldacci John Rodriguez SIMPSON, Chairman pro tempore of the Burr Goode Luther Blagojevich Jones (NC) Sandlin Goodlatte Committee of the Whole House on the Burton Lynch Cooksey Lantos Schaffer Buyer Gordon Maloney (CT) Davis, Tom Meeks (NY) Smith (WA) State of the Union, reported that that Callahan Goss Maloney (NY) Hinojosa Murtha Tanner Committee, having had under consider- Calvert Graham Manzullo Holt Nethercutt Traficant ation the bill (H.R. 3231) to replace the Camp Granger Markey Hulshof Rangel Waxman Graves Immigration and Naturalization Serv- Cannon Mascara Cantor Green (TX) Matheson ice with the Agency for Immigration Capito Green (WI) Matsui b 1513 Affairs, and for other purposes, pursu- Capps Greenwood McCarthy (MO) Grucci So the bill was passed. ant to House Resolution 396, he re- Capuano McCarthy (NY) Cardin Gutierrez McCollum The result of the vote was announced ported the bill back to the House with Gutknecht Carson (IN) McCrery as above recorded. an amendment adopted by the Com- Carson (OK) Hall (OH) McDermott mittee of the Whole. Castle Hall (TX) McGovern The title of the bill was amended so The SPEAKER pro tempore. Under Chabot Hansen McHugh as to read: Chambliss Harman McInnis the rule, the previous question is or- Clay Hart McIntyre A bill to replace the Immigration and Nat- dered. Clement Hastert McKeon uralization Service with the Office of the As- Is a separate vote demanded on any Clyburn Hastings (FL) McKinney sociate Attorney General for Immigration amendment to the committee amend- Coble Hastings (WA) McNulty Affairs, the Bureau of Citizenship and Immi- Collins Hayes Meehan gration Services, and the Bureau of Immi- ment in the nature of a substitute Combest Hayworth Meek (FL) gration Enforcement, and for other purposes. adopted by the Committee of the Condit Hefley Menendez Whole? If not, the question is on the Conyers Herger Mica A motion to reconsider was laid on Costello Hill Millender- amendment. Cox Hilleary McDonald the table. The amendment was agreed to. Coyne Hilliard Miller, Dan Stated for: The SPEAKER pro tempore. The Cramer Hinchey Miller, Gary Mr. SCHAFFER. Mr. Speaker, I was un- question is on the engrossment and Crane Hobson Miller, George Crenshaw Hoeffel Miller, Jeff avoidably detained on rollcall 116. If I had third reading of the bill. Crowley Hoekstra Mollohan been present, I would have voted ‘‘aye,’’ in The bill was ordered to be engrossed Cubin Holden Moore favor of passage. and read a third time, and was read the Culberson Hooley Moran (KS) Cummings Horn Moran (VA) third time. Cunningham Hostettler Morella f The SPEAKER pro tempore. The Davis (CA) Houghton Myrick question is on the passage of the bill. Davis (FL) Hoyer Nadler The question was taken; and the Davis (IL) Hunter Napolitano PERSONAL EXPLANATION Davis, Jo Ann Hyde Neal Speaker pro tempore announced that Deal Inslee Ney Mr. HINOJOSA. Mr. Speaker, I regret that I the ayes appeared to have it. DeFazio Isakson Northup had to travel to my Congressional District for RECORDED VOTE DeGette Israel Norwood an important event on April 25, 2002. Had I Delahunt Issa Nussle Mr. SENSENBRENNER. Mr. Speak- DeLauro Istook Oberstar been present, I would have voted ‘‘no’’ on roll- er, I demand a recorded vote. DeLay Jackson (IL) Obey calls 114 and 115 and ‘‘aye’’ on rollcall 116. April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1667 LEGISLATIVE PROGRAM My understanding is that there need to 2002, it adjourn to meet at 12:30 p.m. on (Ms. PELOSI asked and was given be 5 legislative days prior to its consid- Tuesday, April 30, for morning hour de- permission to address the House for 1 eration in the House, and therefore the bates. minute.) vote would not take place next week, The SPEAKER pro tempore. Is there Ms. PELOSI. Mr. Speaker, I rise for but likely the week after. objection to the request of the gen- the purpose of inquiring about the I do not know that the decision has tleman from Ohio? schedule for next week, and I am been made yet as to whether it will be There was no objection. pleased to yield to the gentleman from under suspension or under regular f Ohio (Mr. PORTMAN) with those inquir- order. ies. Ms. PELOSI. I thank the gentleman ANNOUNCEMENT OF LIMITATION Mr. PORTMAN. Mr. Speaker, I thank for that information. ON AND PROCEDURES FOR SUB- the gentlewoman for yielding, and I One further question, if the gen- MITTING AMENDMENTS TO H.R. thank her for her inquiry. tleman could tell us if he knows or is 2871, EXPORT-IMPORT BANK RE- Mr. Speaker, I am pleased to an- able to report on when the supple- AUTHORIZATION ACT OF 2001 nounce that the House has completed mental is expected to come to the (Mr. DIAZ-BALART asked and was its legislative business for the week. floor. given permission to address the House The House will next meet for legisla- Mr. PORTMAN. Our understanding for 1 minute and to revise and extend tive business on Tuesday, April 30 at from the gentleman from Florida his remarks.) 12:30 p.m. for morning hour and 2 (Chairman YOUNG) of the Committee on Mr. DIAZ-BALART. Mr. Speaker, o’clock for legislative business. On Appropriations is that it seems likely today a Dear Colleague will be sent to Tuesday, the majority leader will it will be marked up next week, or all Members informing them that the schedule a number of measures under shortly. When it comes to the floor is Committee on Rules is planning to suspension of the rules, a list of which still uncertain, but it would not be meet next week to grant a rule which will be distributed to the Members’ of- coming up next week. may limit the amendment process for fices tomorrow. Recorded votes will be Ms. PELOSI. I thank the gentleman H.R. 2871, the Export-Import Bank Re- postponed until 6:30 p.m. for the information and for his cour- authorization Act of 2001. For Wednesday and Thursday, the tesy. Any Member who wishes to offer an majority leader has scheduled a num- f amendment should submit 55 copies of ber of measures, including H.R. 2871, the amendment and one copy of a brief the Export-Import Bank Reauthoriza- PERMISSION FOR SPEAKER TO EN- explanation of the amendment by 12 tion Act of 2002; H.R. 2604, the Multi- TERTAIN MOTION TO SUSPEND noon on Tuesday, April 30, to the Com- national Development Banks Author- RULES RELATING TO H.R. 2604 mittee on Rules here at the Capitol at ization Act; H.J. Res. 84, a resolution ON LEGISLATIVE DAY OF H–312. disapproving the action taken by the WEDNESDAY, MAY 1, 2002 Amendments should be drafted to the President under section 201 of the Mr. PORTMAN. Mr. Speaker, I ask text of the bill as reported by the Com- Trade Act of 1974; and H.R. 3994, the Af- unanimous consent that it be in order mittee on Financial Services on Octo- ghanistan Freedom Support Act of at any time on the legislative day of ber 31 of last year. Members should use 2002. Wednesday, May 1, 2002 for the Speaker the Office of Legislative Counsel to en- Additionally, Speaker HASTERT ad- to entertain a motion that the House sure that their amendments are prop- vises us that he may be ready to name suspend the rules relating to H.R. 2604. erly drafted, and should check with the conferees to the election reform legis- The SPEAKER pro tempore (Mr. Office of the Parliamentarian to be cer- lation which passed both the House and SIMPSON). Is there objection to the re- tain that their amendments comply the Senate; and, therefore, the major- quest of the gentleman from Ohio? with the rules of the House. ity leader will likely schedule a motion There was no objection. f to go to conference on that bill next f week. SPECIAL ORDERS I thank the gentlewoman for yield- DISPENSING WITH CALENDAR The SPEAKER pro tempore. Under ing. WEDNESDAY BUSINESS ON the Speaker’s announced policy of Jan- Ms. PELOSI. Mr. Speaker, I thank WEDNESDAY NEXT uary 3, 2001, and under a previous order the gentleman for his comments. Re- Mr. PORTMAN. Mr. Speaker, I ask of the House, the following Members claiming my time, I wanted to know if unanimous consent that the business will be recognized for 5 minutes each. the gentleman could be more specific in order under the Calendar Wednesday f about which days these four bills will rule be dispensed with on Wednesday come up. I know the gentleman said on next. URGING INS TO RECONSIDER PRO- Wednesday and Thursday, does the gen- The SPEAKER pro tempore. Is there POSED LIMITATION ON VISITS tleman have any more specific infor- objection to the request of the gen- FROM FOREIGNERS mation about which days each of these tleman from Ohio? bills might be taken up? The SPEAKER pro tempore. Under a There was no objection. previous order of the House, the gen- b 1515 f tleman from New Jersey (Mr. PALLONE) is recognized for 5 minutes. Mr. PORTMAN. If the gentlewoman ADJOURNMENT TO MONDAY, Mr. PALLONE. Mr. Speaker, I come will continue to yield, I believe the APRIL 29, 2002 first three measures, which is the Ex- to the House floor this evening to ex- Im Bank, the multinational develop- Mr. PORTMAN. Mr. Speaker, I ask press my opposition to a proposal put ment banks, and the resolution of dis- unanimous consent that when the forward by INS Commissioner James approval, would be on Wednesday, and House adjourns today, it adjourn to Ziglar several weeks ago. The Immi- the fourth measure we mentioned, the meet at 2 p.m. on Monday next. gration and Naturalization Service pro- Afghanistan Freedom Support Act, is The SPEAKER pro tempore. Is there posal would limit foreigners to visiting likely to be on Thursday. objection to the request of the gen- the United States for only 30 days. The Ms. PELOSI. Mr. Speaker, could the tleman from Ohio? current policy on visitor visas allows a gentleman shed some light on what day There was no objection. stay in the United States for at least 6 the Nevada nuclear waste bill would be f months. considered, and will it be considered Mr. Speaker, this new proposal se- under suspension or under a rule? HOUR OF MEETING ON TUESDAY, verely undermines the family structure Mr. PORTMAN. The Governor’s veto APRIL 30, 2002 of U.S. residents who have loved ones of the Yucca Mountain legislation was Mr. PORTMAN. Mr. Speaker, I ask living in a foreign country; and on an- taken up by the Committee on Energy unanimous consent that when the other note, the new proposal severely and Commerce today and marked up. House adjourns on Monday, April 29, jeopardizes an important segment of H1668 CONGRESSIONAL RECORD — HOUSE April 25, 2002 the U.S. economy that depends on for- ‘‘SHOE BOB’’ AND INTERFAITH for more affordable housing in the eign tourists. OUTREACH TEAM UP TO HELP Twin Cities’ western suburban area. The driving force behind the INS pro- HOMELESS IN MINNESOTA Bob Fisher, Interfaith Outreach, and posal is the attempt to improve our The SPEAKER pro tempore. Under a the people of our Lake Minnetonka homeland security and to prevent ter- previous order of the House, the gen- communities are already looking for- rorists from entering our country. Al- tleman from Minnesota (Mr. RAMSTAD) ward to this year’s ‘‘Housing Week,’’ November 16 to 23, 2002, which will once though I believe that INS reform is is recognized for 5 minutes. again be kicked off by Bob Fisher’s badly needed to better address our Mr. RAMSTAD. Mr. Speaker, I rise sleep-out for the homeless. In fact, homeland security concerns, I am com- to pay tribute to a true servant leader Interfaith Outreach and Community pletely convinced that limiting visitor who proves, year after year, that one Partners is working hard to expand visas to 30 days will do nothing to bet- person can make a big difference in the this campaign by encouraging commu- ter protect us from terrorists, and will lives of people in need. nities throughout Minnesota and the in fact only place severe, undue bur- Bob Fisher of Bob’s Shoe Repair in Nation to follow Bob Fisher’s example. dens on the lawful, decent individuals Wayzata, Minnesota has raised more I urge my colleagues to take Bob abroad who come to visit the United than $1 million over the past 6 years by Fisher’s story back to their commu- States. his winter ‘‘sleep-outs’’ to help people who are homeless. nities and tell their constituents how I would like to expand on exactly This past winter alone, on behalf of one person in Minnesota, a cobbler who would feel the effects of this pro- Interfaith Outreach and Community with a big heart, has made a big dif- posal. It is the grandmother or grand- Partners, ‘‘Shoe Bob,’’ as we affection- ference in the lives of countless home- father who lives in another country ately call him, raised $520,000 for Inter- less people. and chooses to come to the United faith Outreach’s community housing Tell America the story of ‘‘Shoe States to spend time with their family fund during his 30-day sleep-out for the Bob’’ and his mission to help homeless that has settled here. Is 30 days enough homeless. families secure affordable housing. Tell time to reunite a family? Is 30 days Sleeping outside in subzero tempera- America how one person has increased enough time, if thousands of dollars tures in Minnesota winters, that has awareness of the homeless problem, and over 24 hours have been spent trav- become Bob Fisher’s trademark. Bob’s bolstered community involvement in eling to the United States? Is 30 days well-worn tent and sleeping bag have addressing the housing shortage, and enough time to spend with a newborn not only raised badly needed funds to raised more than $1 billion to help fam- grandchild, or a grandchild getting provide housing, but his sleep-outs ilies with their housing crises. married? I do not think so. have raised public awareness of the Yes, Mr. Speaker, Bob Fisher has Mr. Speaker, over 70,000 people in the housing shortage and the increasing proved that one person can make a big United States have signed a petition number of homeless families in our difference in the world, as he has against this proposal in the last 10 days Lake Minnetonka community, State, walked in the shoes of the homeless. or so. Interestingly enough, the INS and Nation. We salute you, Bob Fisher, just as we has not thought so, or has not agreed Bob is teamed up with other caring salute Interfaith Outreach and Commu- with this proposal for the past 10 years. people at Interfaith Outreach and Com- nity Partners. In fact, they have suggested the oppo- munity Partners who distribute the Our gratitude also goes out to all site. housing resources he raises to homeless who have supported Shoe Bob’s sleep- families. outs for the homeless. He is truly doing The INS is arbitrarily changing this Led by one of Minnesota’s greatest the Lord’s work, and he represents the law in response to September 11, but humanitarians, LaDonna Hoy, and sup- absolute best in public service. the change will be ineffectual in pre- ported by an active board of truly char- Thank you, Bob Fisher. Thank you to venting further terrorism. In fact, itable community leaders, Interfaith all my friends at Interfaith Outreach there are two detrimental effects that I Outreach helps kick off Bob’s sleep-out and Community Partners, and to the foresee with this proposal. for the homeless each and every year. entire Lake Minnetonka area, those First, if visitors are provided only a More than 500 supporters gathered on who have supported this worthwhile, 30-day visa, it is likely that upon en- November 17 to kick off last year’s important drive to help people who are trance to the United States, these visi- sleep-out, featuring a soup supper with homeless. tors will apply for a visa extension. bread, hot chocolate, and water served f This type of extra paperwork is the by the Girl Scouts. And thanks to the URGING MEMBERS TO CONSIDER exact reason why the INS extended the Boy Scouts, four campfires kept every- COSPONSORING IMPORTANT LEG- visitor’s visa to 6 months, so tourists one warm along Lake Street in ISLATION CONCERNING SCIENCE could accomplish the purpose of their Wayzata as the various churches that EDUCATION visit, leave the United States within support Interfaith Outreach provided the given time here, and not further song and spirit. The SPEAKER pro tempore. Under a overload the INS. This will not be the The distinguished mayors of our five previous order of the House, the gentle- case if the 30-day limit is implemented. neighboring communities issued their woman from the District of Columbia ‘‘Housing Week’’ proclamation, and 200 (Ms. NORTON) is recognized for 5 min- Mr. Speaker, the second reason, I young students joined Bob Fisher in utes. think, which is so important, is that sleeping outside on the first night in Ms. NORTON. Mr. Speaker, we are at we are all aware of the impact on the the 2001 cold. Two local bank employ- the end of Earth Day week. I have al- tourism industry in the United States ees also slept outside with Bob to offer ways felt that if one is a Member of after September 11. The airline indus- their support. Congress, the best way to celebrate try and tourism industry would be Mr. Speaker, I know firsthand that Earth Day and the week in which it oc- drastically affected by the decrease in Bob’s sleep-outs are a true ordeal, as I curs is to legislate. After all, we are visits to the United States that would slept outside in December of 1997 in Members of Congress. We can do more be a result of visitors finding that 30 below-zero temperatures as part of than hug trees and go to river sites. days is not worth the great effort re- Bob’s sleep-out for the homeless. It was Congress is now all entangled in the quired to visit the United States. a night of bone-chilling cold, well energy bill and the ANWR controversy, Mr. Speaker, I know that the INS has spent, as we raised several thousand but there are many noncontroversial thought about this, but I think they dollars to help bring homeless families matters that need to be taken up in need to reconsider. I urge the INS to in from the cold. legislation. reconsider their proposal. It will in no Mr. Speaker, every year the fund- I invite Members to go on to two bills way fight terrorism, and only serves to raising goal for Bob Fisher’s sleep-outs I introduced this week. One is called trample on the legitimate visits from gets higher, reflecting his strong com- the Academic Excellence In Environ- relatives with legitimate residents of mitment, infectious enthusiasm and mental Sciences Act of 2002. It aims to the United States. energy, as well as the increasing need make environmentalists and scientists April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1669 of young people. We have a real dearth you do both, you transform an entire after it passed the Earth’s orbit. If any of scientists today. More and more of city and an entire area. We would of these astroids or comets would have our kids are going off and doing other never allow such polluted rivers to be hit the Earth, it would have been a cat- things. Yet, in a very real sense, these in our countrysides. We must not allow astrophic occasion, perhaps killing youngsters are the best messengers for them to encroach on our large cities, hundreds of millions of people. Perhaps the environment, especially since they especially since these cities are now in one case in the past, millions of are going to inherit whatever environ- beginning to develop along the water- years ago, that is perhaps what elimi- ment we leave them. way. We are doing that in the District nated the dinosaur life on our planet. This bill would encourage hands-on of Columbia, our Nation’s capital. The The following is a list of examples of recycling to help children cultivate one difference between us and you is recently observed asteroids: habits that conserve our resources. the Federal Government is responsible An asteroid about 300 meters in size While they are at school they learn for our pollution. crossed a near-Earth orbit about 500,000 how to do recycling. My aim is also to We are going to begin here and miles from our planet in October of last year. help them concretize their interest in spread this idea throughout the coun- An asteroid about the size of three football science and their understanding of sci- try. I would like my colleagues to go to fields made its closest approach to the Earth entific concepts, so as they learn about both of these bills and look for their (roughly the same distance: twice the Moon’s recycling, science comes alive for ‘‘Dear Colleague’’ letters soon. distance from the Earth) on January 7, 2002. them, and they are encouraged to f An asteroid reportedly the size of an 18- study math and science, to get inter- PETE CONRAD AWARDS BILL story building on a close approach to Earth ested in science earlier, and to main- (just a bit farther out than the Moon) was ob- tain that scientific interest. The SPEAKER pro tempore (Mr. served on March 8. I see the need for it. I just nominated SIMPSON). Under a previous order of the The disturbing point about this asteroid is five of my youngsters to the acad- House, the gentleman from California that it was seen from Earth again only after it emies, and I am encouraging my school (Mr. ROHRABACHER) is recognized for 5 had moved out of the glare of the Sun and systems to do more with science and minutes. into the night sky on March 12. math in order that I will have more Mr. ROHRABACHER. Mr. Speaker, For each nearby asteroid that is spotted youngsters to nominate to the acad- today I am introducing the Charles there are several that pass entirely unnoticed. emies. Pete Conrad Astronomy Award Act. Some researchers estimated that there are Getting them involved in recycling This act is intended to encourage ama- roughly 25 asteroids, roughly the size of the helps them to understand science bet- teur astronomers to discover new and one observed on March 12, cross a near- ter. attract previously identified astroids Earth orbit that is closer than the Moon. b 1530 and other heavenly bodies, particularly Astronomers believe that the number of un- Second bill is called the National those that threaten a close approach to discovered asteroids far exceeds the known Urban Watershed Model Restoration the Earth. This act is named after the list currently available to the scientific commu- Act. It is aimed at the problem of legendary pilot, astronomer and space nity. urban watershed. We all know and love entrepreneur, Pete Conrad, who I was We need to know if there is a threat watersheds in the great blue yonder, honored to know. He was a constituent coming at the world. And having our but the fact is our great cities are of mine as well. Unfortunately, he young people, giving them awards, hav- often located right in the center of wa- passed away after a tragic motorcycle ing amateur astronomers look into the tersheds, terribly polluted. I use my accident just last year. Charles Pete sky to help us find those objects is own river, the Anacostia River, which Conrad made history and today in his something that we are mobilizing the runs through our neighborhoods, as a honor and in his memory I am intro- people to help us discover that possible model for the country so that this no- ducing a bill that could help protect threat. If we see something coming at tion of working with the EPA, with the the United States of America and, yes, us that is years away, then we can han- Corps of Engineers, and importantly the entire world. dle that. We can do something about it. involving the community in clean ups Pete Conrad more than anything else If we do not find out until a mere and in preservation of the watershed is was a patriot who loved his country month or two beforehand, the Earth what I seek to accomplish. and felt that space would provide peace could be in real danger. This would not be cleanup activity. and prosperity for all of human kind. I was the chairman of a hearing in It would be scientific. It would not This act contains three categories of which we had the experts testify on only clean up communities; it would be awards. The first category is an award this issue; and one expert said, Con- a scientific watershed clean up, but for the amateur astronomer who dis- gressman, you do not have to worry done in collaboration with the commu- covers the largest astroid crossing in about that. There is about as much nity so that when it is cleaned up it near-Earth orbit. chance of a comet hitting the Earth as stays cleaned up. We are located right The second category, an award to an it is of you going to Las Vegas and get- here on the banks of Anacostia, but my amateur astronomer for discovering as- ting a royal straight flush. And I said, folks cannot get to the Anacostia. teroids using information derived from Oh, my gosh. I did get a royal straight We are about to develop the water- professional sources and locating newly flush once. I remember that happening. fronts; and when, in fact, the water- discovered asteroids. So this is a real threat, but it is not fronts get opened up, what they will The third category, an award for something we have to fear. It is some- see is a river polluted by the national those who provide the greatest service thing we have to look at and try to government, the Government of the to update Minor Planet Center’s cata- find a way to identify threats. It is United States of America. That is why log of known astroids. called Home Planet Defense. We need I think we ought to begin here with the Let me just state that for those peo- to pay some attention to it; and then if Anacostia and then go to the great wa- ple who believe that there is no threat an asteroid does threaten us, we will be tersheds. They are in New York. They and that we live in a world today where able to identify it far in advance and are in L.A. They are in Baltimore. those movies that talked about deter it from its path so it would not They are across the United States. Be- astroids colliding with the world and hurt the people of the world. cause they have been in cities, people the threat that it posed, that that is all This is the purpose of this Pete have not paid much attention to them. science fiction, I have got bad news for Conrad bill. We want to get our young They have been polluted industrially them. It is not science fiction. people more interested in space and or, in our case, by the Federal Govern- There are numerous examples of science and mathematics. This bill is a ment. This would be on a 75/25 percent astroids and comets in the last few way to do it. The awards will be admin- basis use Federal, State, and local years that have come very near to the istered by the Smithsonian Institution, funds to begin the cleanup of urban wa- world and not been undetected until and I am asking all of my colleagues to tersheds. the last minute or even after they pass join me in co-sponsoring the Pete You cannot revitalize a community by the world. One of them was coming Conrad Award bill because this bill will without revitalizing its river. When in from the Sun and was not seen until do a great deal in bringing to our H1670 CONGRESSIONAL RECORD — HOUSE April 25, 2002 young people the realities of science There is something equally as impor- tleman from Mississippi (Mr. SHOWS) is and America’s space program. Let us tant as statistics, and that is the ques- recognized for 5 minutes. get them off of these electronic games tion, why our cancer rates are dis- Mr. SHOWS addressed the House. His and get them into the real world and proportionately high among minori- remarks will appear hereafter in the the real world may well be dealing with ties. According to a study published in Extensions of Remarks.) threats coming to us from outer space the Journal of the American Medical f Association on April 23 of this year, from great distances away, asteroids BANNING COCKFIGHTING and comets that we should know about. higher cancer rates in minorities seem Again, I ask my colleagues to join me to stem from difference in treatment, The SPEAKER pro tempore. Under a in co-sponsoring the Charles Pete not biological or genetic differences. previous order of the House, the gen- Conrad Astronomy Award Act, and I I say to my colleagues, to be truly ef- tleman from Georgia (Mr. NORWOOD) is look forward to working with my col- fective in eradicating all types of can- recognized for 5 minutes. leagues and seeing that we get young cer, the Federal health agenda must Mr. NORWOOD. Mr. Speaker, I appre- Americans looking up just like Pete address low-income minorities and ciate the opportunity to spend a mo- Conrad, always looking up and getting medically underserved populations. I ment on the floor of the House this afternoon dealing with an issue that involved. think Congress can be instrumental in passed this House by voice vote over- f helping to accomplish this goal in this country. In fact, at my request during whelmingly during the discussion on NATIONAL MINORITY CANCER the 106th Congress, the Committee on the agricultural bill earlier this ses- AWARENESS WEEK Government Reform held a hearing sion. The SPEAKER pro tempore. Under a that afforded us the opportunity to en- We now have in conference the ag bill previous order of the House, the gen- gage in a more exhaustive investiga- that seems to be moving forward. I have grave concerns in one particular tleman from Maryland (Mr. CUMMINGS) tion of the disparities in cancer treat- is recognized for 5 minutes. ments of minorities. This hearing was area, Mr. Speaker, that I am going to Mr. CUMMINGS. Mr. Speaker, this a positive first step in addressing the be working over the course of the next week marks the 15th annual National issue of disparities and cancer treat- few days to seek clarification because I Minority Cancer Awareness Week, to ment of minorities in the United want to make sure that the intent of highlight and bring attention to the States. the House and the Senate are preserved cancer care needs of socioeconomically In keeping with this point, Mr. in the final form that comes out of con- disadvantaged and medically under- Speaker, 2 weeks ago the Congressional ference. Mr. Speaker, there has been a prac- served communities. Black Caucus Health Braintrust, tice of cockfighting, game hens, that I come to the floor today to recognize chaired by the gentlewoman from the has been tolerated by this Congress the American Cancer Society, the Virgin Islands (Mrs. CHRISTENSEN), met even though it is now illegal in 47 Intercultural Cancer Council, and the to discuss a report which had been re- States. The public long ago has come National Center for Minority Health quested by the gentleman from Illinois to the point that this practice is inher- and Disparities at the National Insti- (Mr. JACKSON) and others, from the In- ently inhuman and barbaric. tutes of Health for their continued stitute of Medicine and that report was work to increase the awareness of can- titled ‘‘Unequal Treatment: Con- b 1545 cer and reduce health disparities fronting Racial and Ethnic Disparities The handlers of these fighting birds among minorities. in Health Care.’’ drug the animals to heighten their ag- This report concluded that Ameri- While there has been a decline in can- gression and to clot the blood. They cans of color tend to receive lower- cer mortality since 1991, cancer still is affix knives or ice picks like gaffs to quality health care than do whites; and the second leading cause of death in their legs and place them into a pit to these disparities contribute to high the United States, accounting for more fight until one of them is dead, all for death rates of African Americans from than 555,500 deaths each year. That is amusement and illegal gambling. more than 1,500 deaths a day. But what cancer, heart disease, diabetes, HIV/ Mr. Speaker, this barbaric practice is is most disheartening and most dis- AIDS, and other life-endangering con- slowly being made illegal around the turbing is that minority and medically ditions. country. It is currently legal in only The American Cancer Society, health underserved populations continue to three States. The problem is that care providers, community organiza- bear a startling disproportionate share under current law it is still legal to tions, and State and local agencies and of the Nation’s cancer burden. transport these birds from States many other participants agree that we According to the American Cancer where it is illegal to States that it is need to do more; that there needs to be Society, African American men and legal, and this loophole is exploited to more cooperation between the Depart- women have a cancer death rate of allow people to maintain, to train, and ment of Health and Human Services, about 33 percent higher than whites. it facilitates illegal game bird fighting. Among women younger than 50 years local and State health agencies, med- Last October, my colleague, the gen- of age, African Americans are more ical schools, businesses, et cetera, to tleman from Colorado (Mr. TANCREDO), likely to develop breast cancer than address the disparities in minorities and I offered two amendments to the whites. Prostate cancer will claim the health care treatment but especially farm bill that would close these loop- lives of more than twice as many Afri- for life-endangering illnesses like can- holes and strengthen the penalty for can American men as men of other ra- cer. Let us recognize the National Mi- violations of animal fighting laws. cial and ethnic groups. African Ameri- nority Cancer Week as an opportunity These two amendments were passed cans are at a significantly higher risk to increase awareness in the knowledge overwhelmingly by this body by voice of death from intrauterine and bladder of cancer detection treatment and risk vote, adopted in identical form in the cancers. Hispanic women have nearly through, among other things, target Senate. This, in fact, should not even twice the rates of cervical cancer than outreach programs to minorities and be a conference item. Identical lan- non-Hispanic white women. Hispanics other underserved communities. guage was adopted by both the House are less likely than other minorities to f and the Senate. The intent of both have a regular source of health care, The SPEAKER pro tempore. Under a Chambers was to close the loophole, visited a physician in the past year, previous order of the House, the gen- ban foreign export of fighting animals, and received a routine physical exam- tleman from California (Mr. ISSA) is and increase the penalty. ination. Native American women with recognized for 5 minutes. According to the House Agriculture breast cancer have the lowest 5-year Mr. ISSA addressed the House. His Committee’s Web site, a conference survival rate of any United States ra- remarks will appear hereafter in the committee is permitted to deal only cial/ethnic group. And native Hawaiian Extensions of Remarks.) with matters in disagreement between women have the highest incidence and f the House and the Senate. It may not mortality rates of endometrial cancers The SPEAKER pro tempore. Under a change language that both have pre- of all United States women. previous order of the House, the gen- viously approved. April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1671 Unfortunately, it is pretty clear to SPECIAL ORDERS GRANTED Cuba Migration Accords of September 9, 1994, and May 2, 1995; to the Committee on Inter- me that people are, in fact, looking at By unanimous consent, permission to watering down the penalty provisions national Relations. address the House, following the legis- 6390. A letter from the Secretary, Depart- in particular, and to deal with prob- lative program and any special orders ment of Agriculture, transmitting the semi- lems, some people are saying, I have heretofore entered, was granted to: annual report of the Inspector General for been told by one high-ranking member The following Members (at the re- the 6-month period ending September 30, of the conference committee that they 2001, pursuant to 5 U.S.C. app. (Insp. Gen. quest of Mr. PALLONE) to revise and ex- are concerned that there is not a prob- Act) section 5(b); to the Committee on Gov- tend their remarks and include extra- ernment Reform. lem with 4–H clubs dealing with raising neous material: these chickens that the 4–H’ers 6391. A letter from the Secretary, Depart- Mr. PALLONE, for 5 minutes, today. ment of Energy, transmitting the semi- produce. Ms. NORTON, for 5 minutes, today. annual report on activities of the Office of Well, first of all, to prosecute a cock- Mr. SHOWS, for 5 minutes, today. Inspector General for the period April 1, 2001, fighting case, law enforcement officers through September 30, 2001, pursuant to 5 Mr. BLUMENAUER, for 5 minutes, must have evidence of the illegal activ- U.S.C. app. (Insp. Gen. Act) section 5(d); to ity. The birds intended to be used in today. the Committee on Government Reform. these cock fights are identifiable by The following Members (at the re- 6392. A letter from the Secretary, several indicators, including the spe- quest of Mr. RAMSTAD) to revise and ex- Deoartment of the Treasury, transmitting the Financial Report of the United States cial structures that they are kept in, tend their remarks and include extra- neous material: Government for Fiscal Year 2001 (Financial the fighting paraphernalia, the specific Report); to the Committee on Government Mr. ROHRABACHER, for 5 minutes, drugs that are provided to them to Reform. heighten the aggression and to aid the today. 6393. A letter from the White House Liai- blood clotting. Mr. RAMSTAD, for 5 minutes, today. son, Department of the Treasury, transmit- The Animal Welfare Act already pro- Mr. ISSA, for 5 minutes, today. ting a report pursuant to the Federal Vacan- hibits interstate transports for dogs for Mr. NORWOOD, for 5 minutes, today. cies Reform Act of 1998; to the Committee on The following Member (at his own re- Government Reform. fighting purposes, and we have not had 6394. A letter from the Secretary, Depart- anybody come to this floor and say, quest) to revise and extend his remarks ment of Education, transmitting the twenty- well, we have these provisions in Fed- and include extraneous material: fifth Semiannual Report to Congress on eral law and we cannot have legitimate Mr. CUMMINGS, for 5 minutes, today. Audit Follow-Up, covering the period from April 1, 2001 to September 30, 2001 in compli- show-dog activities, that it is inter- f fering with the buying, transport, and ance with the Inspector General Act Amend- ENROLLED BILL SIGNED ments of 1988, pursuant to 5 U.S.C. app.; to delivery of animals for purposes that the Committee on Government Reform. do not impact animal fighting. Of Mr. Trandahl, Clerk of the House, re- 6395. A letter from the Administrator and course not. Reasonable people apply ported and found truly enrolled a bill Chief Executive Officer, Bonneville Power the laws reasonably, and this is abso- of the House of the following title, Administration, Department of Energy, lutely specious. which was thereupon signed by the transmitting the 2001 Annual Report of the There is a problem, however, because Speaker. Bonneville Power Administration, pursuant people will run through this loophole to 31 U.S.C. 9106; to the Committee on Gov- H.R. 4167. An act to extend for 8 additional ernment Reform. to continue to exploit the illegal game months the period for which chapter 12 of 6396. A letter from the Assistant Secretary fighting that is happening in these title 11 of the United States Code is reen- for Administration and Management, De- States where it is illegal but it is legal acted. partment of Health and Human Services, to grow them, legal to train them, f transmitting the Department’s Commercial legal to transport them. Activities Inventory for Fiscal Year 2001; to One of the problems is that the cur- ADJOURNMENT the Committee on Government Reform. rent penalties are 26 years old. They Mr. BLUMENAUER. Mr. Speaker, I 6397. A letter from the Assistant Secretary are not high enough to warrant pros- move that the House do now adjourn. for Administration and Management, De- partment of Labor, transmitting the Depart- ecution of violations. What we hear The motion was agreed to; accord- ment’s Commercial Activities Inventory for from the U.S. Department of Justice ingly (at 3 o’clock and 50 minutes Fiscal Year 2001; to the Committee on Gov- and the USDA, that they have indi- p.m.), under its previous order, the ernment Reform. cated that they would give more con- House adjourned until Monday, April 6398. A letter from the Chairman, Federal sideration if they were a felony and in- 29, 2002, at 2 p.m. Energy Regulatory Commission, transmit- ting a copy of the annual report in compli- cluded higher fines and jail time. f That is what the House passed. That ance with the Government in the Sunshine Act during the calendar year 2001, pursuant is what the conference committee EXECUTIVE COMMUNICATIONS, ETC. to 5 U.S.C. 552b(j); to the Committee on Gov- should protect, and if we are not able ernment Reform. to do that, Mr. Speaker, it is my inten- Under clause 8 of rule XII, executive 6399. A letter from the Chairman, Inter- tion to bring a motion to this floor to communications were taken from the national Trade Commission, transmitting instruct the conferees to respect the Speaker’s table and referred as follows: the semiannual report of the Office of the In- rights and the will of the House and 6386. A letter from the Assistant Secretary, spector General for the period April 1, 2001 the Senate and to do what the Amer- Department of Defense, transmitting a letter through September 30, 2001, pursuant to 5 U.S.C. app. (Insp. Gen. Act) section 5(b); to ican people want and end this cruel and providing information on a report entitled, ‘‘Support for Child Care Services and Youth the Committee on Government Reform. barbaric practice. 6400. A letter from the Assistant Adminis- Program Services’’; to the Committee on tration for Human Resources and Education, f Armed Services. National Aeronautics and Space Administra- 6387. A letter from the Assistant Secretary LEAVE OF ABSENCE tion, transmitting a report pursuant to the for Housing-Federal Housing Commissioner, Federal Vacancies Reform Act of 1998; to the By unanimous consent, leave of ab- Department of Housing and Urban Develop- sence was granted to: Committee on Government Reform. ment, transmitting the Administration’s FY 6401. A letter from the Assistant Adminis- Mr. BALDACCI (at the request of Mr. 2001 Annual Report on Initiatives to Address tration for Human Resources and Education, GEPHARDT) for today on account of a Management Deficiencies, pursuant to 12 National Aeronautics and Space Administra- family medical emergency. U.S.C. 1709(v); to the Committee on Finan- tion, transmitting a report pursuant to the Mr. HOLT (at the request of Mr. GEP- cial Services. Federal Vacancies Reform Act of 1998; to the HARDT) for today on account of attend- 6388. A letter from the Chairman, Nuclear Committee on Government Reform. ing a funeral in the district. Regulatory Commission, transmitting the 6402. A letter from the Acting General Mr. RANGEL (at the request of Mr. Commission’s report entitled, ‘‘Report to Counsel, National Endowment for the Hu- Congress on Abnormal Occurrences, Fiscal GEPHARDT) for today on account of manities, transmitting a report pursuant to Year 2001,’’ pursuant to 42 U.S.C. 5848; to the business in the district. the Federal Vacancies Reform Act of 1998; to Committee on Energy and Commerce. the Committee on Government Reform. Mr. JONES of North Carolina (at the 6389. A letter from the Assistant Secretary 6403. A letter from the Director, National request of Mr. ARMEY) for today after for Legislative Affairs, Department of State, Science Foundation, transmitting the Foun- 2:00 p.m. on account of official business transmitting a report concerning compliance dation’s Performance Report for FY 2001; to in the district. by the Government of Cuba with the U.S.- the Committee on Government Reform. H1672 CONGRESSIONAL RECORD — HOUSE April 25, 2002 6404. A letter from the Program Analyst, pursuant to Public Law 100–418, section the Service’s final rule—Last-in, First-out FAA, Department of Transportation, trans- 5131(b) (102 Stat. 1443); to the Committee on inventories (Rev. Rul. 2001–54) received April mitting the Department’s final rule—Stand- Science. 8, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to ard Instrument Approach Procedures; Mis- 6414. A letter from the Chief, Regulations the Committee on Ways and Means. cellaneous Amendments [Docket No. 30295; Unit, Internal Revenue Service, transmitting 6427. A letter from the Chairman, IRS Amdt. No. 2093] received April 8, 2002, pursu- the Service’s final rule—Recordkeeping and Oversight Board, transmitting the Board’s ant to 5 U.S.C. 801(a)(1)(A); to the Committee Reporting for Qualified Tuition Plans (No- annual report for 2001; to the Committee on on Transportation and Infrastructure. tice 2001–81) received April 8, 2002, pursuant Ways and Means. 6405. A letter from the Administrator, De- to 5 U.S.C. 801(a)(1)(A); to the Committee on 6428. A letter from the Secretary, Depart- partment of Transportation, transmitting a Ways and Means. ment of Veterans’ Affairs, transmitting a study of recent changes in flight patterns of 6415. A letter from the Chief, Regulations draft bill, ‘‘To amend Title 38, United States aircraft using the Sky Harbor Airport in Unit, Internal Revenue Service, transmitting Code, to establish a new Assistant Secretary Phoenix, Arizona, pursuant to Section 746 of the Service’s final rule—Examination of re- to perform operations, preparedness, secu- P. L. 106–181, the Wendell H. Ford Aviation turns and claims for refund, credit or abate- rity, and law enforcement functions, and for and Investment Reform Act for the 21st Cen- ment; determination of correct tax liability other purposes’’; jointly to the Committees tury; to the Committee on Transportation (Rev. Proc. 2001–52) received April 8, 2002, on Veterans’ Affairs and Government Re- and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- form. 6406. A letter from the Program Analyst, mittee on Ways and Means. 6429. A letter from the General Counsel, 6416. A letter from the Chief, Regulations FAA, Department of Transportation, trans- Department of Defense, transmitting the De- Unit, Internal Revenue Service, transmitting mitting the Department’s final rule—IFR Al- partment’s proposed legislation entitled, the Service’s final rule—Frequent Flyer titudes; Miscellaneous Amendments [Docket ‘‘Military Construction Authorizations’’; Miles Attributable to Business or Official No. 30299; Amdt. No. 434] received April 8, jointly to the Committees on Armed Serv- Travel (Announcement 2002–18) received 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the ices, Government Reform, and Resources. Committee on Transportation and Infra- April 22, 2002, pursuant to 5 U.S.C. structure. 801(a)(1)(A); to the Committee on Ways and f 6407. A letter from the Program Analyst, Means. 6417. A letter from the Chief, Regulations REPORTS OF COMMITTEES ON FAA, Department of Transportation, trans- PUBLIC BILLS AND RESOLUTIONS mitting the Department’s final rule—Stand- Unit, Internal Revenue Service, transmitting ard Instrument Approach Procedures; Mis- the Service’s final rule—Limitations on Ben- Under clause 2 of rule XIII, reports of efits and Contributions Under Qualified cellaneous Amendments [Docket No. 30300; committees were delivered to the Clerk Plans (Rev. Rul. 2001–51) received April 8, Amdt. No. 2097] received April 8, 2002, pursu- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the for printing and reference to the proper ant to 5 U.S.C. 801(a)(1)(A); to the Committee Committee on Ways and Means. calendar, as follows: on Transportation and Infrastructure. 6418. A letter from the Chief, Regulations 6408. A letter from the Program Analyst, Mr. HYDE: Committee on International Unit, Internal Revenue Service, transmitting FAA, Department of Transportation, trans- Relations. H.R. 3994. A bill to authorize eco- the Service’s final rule—Examination of re- mitting the Department’s final rule—Air- nomic and democratic development assist- turns and claims for refund, credit, or abate- worthiness Directives; Bell Helicopter Tex- ance for Afghanistan and to authorize mili- ment; determination of correct tax liability tron, Inc.—Manufactured Model OH–13E, OH– tary assistance for Afghanistan and certain (Rev. Proc. 2002–16) received April 22, 2002, other foreign countries; with an amendment 13H, and OH–13S Helicopters [Docket No. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2001–SW–17–AD; Amendment 39–12657; AD (Rept. 107–420). Referred to the Committee of mittee on Ways and Means. the Whole House on the State of the Union. 2002–03–16] (RIN: 2120–AA64) received April 8, 6419. A letter from the Chief, Regulations 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Unit, Internal Revenue Service, transmitting f Committee on Transportation and Infra- the Service’s final rule—Maximum Capital PUBLIC BILLS AND RESOLUTIONS structure. Gains Rate (Rev. Rul. 2001–57) received April 6409. A letter from the Program Analyst, 8, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Under clause 2 of rule XII, public FAA, Department of Transportation, trans- the Committee on Ways and Means. bills and resolutions were introduced mitting the Department’s final rule—Stand- 6420. A letter from the Chief, Regulations and severally referred, as follows: ard Instrument Approach Procedures; Mis- Unit, Internal Revenue Service, transmitting cellaneous Amendments [Docket No. 30301; By Mr. DOOLITTLE: the Service’s final rule—Differential Earn- H.R. 4589. A bill to provide for expedited Amdt. No. 2098] received April 8, 2002, pursu- ings Rate for Mutual Life Insurance Compa- ant to 5 U.S.C. 801(a)(1)(A); to the Committee decisions on wilderness study areas, to pro- nies (Notice 2002–19) received April 22, 2002, vide that lands designated as wilderness on Transportation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6410. A letter from the Program Analyst, study areas for more than 15 years shall be mittee on Ways and Means. used in accordance with the Multiple-Use FAA, Department of Transportation, trans- 6421. A letter from the Chief, Regulations Sustained-Yield Act of 1960, and for other mitting the Department’s final rule—Air- Unit, Internal Revenue Service, transmitting purposes; to the Committee on Resources, worthiness Directives; Airbus Model A319 Se- the Service’s final rule—Rulings and deter- and in addition to the Committee on Agri- ries Airplanes and A320–200 Series Airplanes mination letters (Rev. Proc. 2002–3) received culture, for a period to be subsequently de- [Docket No. 2001–NM–252–AD; Amendment April 22, 2002, pursuant to 5 U.S.C. termined by the Speaker, in each case for 39–12667; AD 2002–04–10] (RIN: 2120–AA64) re- 801(a)(1)(A); to the Committee on Ways and consideration of such provisions as fall with- ceived April 8, 2002, pursuant to 5 U.S.C. Means. 801(a)(1)(A); to the Committee on Transpor- 6422. A letter from the Chief, Regulations in the jurisdiction of the committee con- tation and Infrastructure. Unit, Internal Revenue Service, transmitting cerned. 6411. A letter from the Program Analyst, the Service’s final rule—Determination of By Ms. CARSON of Indiana (for herself, FAA, Department of Transportation, trans- Interest Rate (Rev. Rul. 2001–63) received Mr. ABERCROMBIE, Mr. ANDREWS, Mr. mitting the Department’s final rule—Air- April 8, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); BISHOP, Mr. BLAGOJEVICH, Mr. BRADY worthiness Directives; Boeing Model 737– 600, to the Committee on Ways and Means. of Pennsylvania, Ms. BROWN of Flor- –700, –700C, and –800 Series Airplanes [Docket 6423. A letter from the Chief, Regulations ida, Mrs. CHRISTENSEN, Mr. CLAY, No. 2001–NM–37–AD; Amendment 39–12665; AD Unit, Internal Revenue Service, transmitting Mrs. CLAYTON, Mr. CLYBURN, Mr. CON- 2002–04–08] (RIN: 2120–AA64) received April 8, the Service’s final rule—Deduction for Bad YERS, Mr. CUMMINGS, Mr. DAVIS of Il- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the Debts (Rev. Rul. 2001–59) received April 8, linois, Mr. FATTAH, Mr. FORD, Mr. Committee on Transportation and Infra- 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the FROST, Mr. GEPHARDT, Mr. HASTINGS structure. Committee on Ways and Means. of Florida, Mr. HILLIARD, Mr. JACK- 6412. A letter from the Program Analyst, 6424. A letter from the Chief, Regulations SON of Illinois, Ms. JACKSON-LEE of FAA, Department of Transportation, trans- Unit, Internal Revenue Service, transmitting Texas, Mr. JEFFERSON, Ms. EDDIE mitting the Department’s final rule—Air- the Service’s final rule—Determination of BERNICE JOHNSON of Texas, Mrs. worthiness Directives; Airbus Model A300; Issue Price in the Case of Certain Debt In- JONES of Ohio, Ms. KILPATRICK, Mr. A300 B4–600, B4–600R, and F4–600R (Collec- struments Issued for Property (Rev. Rul. LAHOOD, Mr. LANTOS, Ms. LEE, Mr. tively Called A300–600); and A310 Series Air- 2001–58) received April 8, 2002, pursuant to 5 LEWIS of California, Mr. LEWIS of planes [Docket No. 2002–NM–75–AD; Amend- U.S.C. 801(a)(1)(A); to the Committee on Georgia, Mr. MCDERMOTT, Ms. ment 39–12686; AD 2002–06–09] (RIN: 2120– Ways and Means. MCKINNEY, Mr. MARKEY, Mrs. AA64) received April 8, 2002, pursuant to 5 6425. A letter from the Chief, Regulations MALONEY of New York, Mrs. MEEK of U.S.C. 801(a)(1)(A); to the Committee on Unit, Internal Revenue Service, transmitting Florida, Mr. MEEKS of New York, Ms. Transportation and Infrastructure. the Service’s final rule—Rulings and deter- MILLENDER-MCDONALD, Mr. MOL- 6413. A letter from the Secretary, Depart- mination letters (Rev. Proc. 2001–55) received LOHAN, Mr. NADLER, Ms. NORTON, Mr. ment of Commerce, transmitting the 2001 April 8, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); OWENS, Mr. PAYNE, Ms. PELOSI, Mr. Annual Report of the Visiting Committee on to the Committee on Ways and Means. RANGEL, Mr. REYES, Mr. ROHR- Advanced Technology of the National Insti- 6426. A letter from the Chief, Regulations ABACHER, Ms. ROYBAL-ALLARD, Mr. tute of Standards and Technology (NIST), Unit, Internal Revenue Service, transmitting RUSH, Mr. SABO, Mr. SANDERS, Ms. April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1673

SCHAKOWSKY, Mr. SCOTT, Mr. ments for, and the prevention of cancer, and the impact of pregnancy on the short and SERRANO, Ms. SOLIS, Mr. THOMPSON of for other purposes; to the Committee on En- long term health of women, to expand Mississippi, Mr. TIERNEY, Mr. TOWNS, ergy and Commerce, and in addition to the knowledge about the safety and dosing of Mr. TRAFICANT, Mr. UNDERWOOD, Ms. Committees on Education and the Work- drugs to treat pregnant women with chronic WATERS, Ms. WATSON, Mr. WATT of force, and Ways and Means, for a period to be conditions and women who become sick dur- North Carolina, and Mr. WYNN): subsequently determined by the Speaker, in ing pregnancy, to expand public health pre- H.R. 4590. A bill to authorize the President each case for consideration of such provi- vention, education and outreach, and to de- to award a gold medal on behalf of Congress sions as fall within the jurisdiction of the velop improved and more accurate data col- to Muhammad Ali in recognition of his con- committee concerned. lection related to maternal morbidity and tributions to the Nation; to the Committee By Mr. CARDIN: mortality; to the Committee on Energy and on Financial Services. H.R. 4597. A bill to prevent nonimmigrant Commerce. By Mr. HYDE (for himself, Mr. aliens who are delinquent in child support By Mr. GILLMOR: BALLENGER, Ms. ROS-LEHTINEN, Mr. payments from gaining entry into the United H.R. 4603. A bill to amend the Internal Rev- BURTON of Indiana, Mr. GALLEGLY, States; to the Committee on the Judiciary, enue Code of 1986 to provide that the seg- Mrs. JO ANN DAVIS of Virginia, Mr. and in addition to the Committee on Ways ment tax on domestic air transportation SMITH of New Jersey, Mr. GILMAN, and Means, for a period to be subsequently shall not apply to segments to or from cer- Mr. ROYCE, Mr. CHABOT, and Mr. determined by the Speaker, in each case for tain islands; to the Committee on Ways and TANCREDO): consideration of such provisions as fall with- Means. H.R. 4591. A bill to support the democrat- in the jurisdiction of the committee con- By Ms. GRANGER (for herself, Mr. ically elected Government of Colombia and cerned. WYNN, Mr. COOKSEY, Mr. OWENS, and the unified campaign against illicit nar- By Mr. CHAMBLISS (for himself, Ms. Mr. SMITH of New Jersey): cotics trafficking, terrorist activities, and HARMAN, Mr. GOSS, Ms. PELOSI, Mr. H.R. 4604. A bill to amend the Internal Rev- other threats to the national security of Co- SENSENBRENNER, Mr. SMITH of Texas, enue Code of 1986 to allow individuals a re- lombia; to the Committee on International Mr. BISHOP, Mr. CONDIT, Mr. HOEK- fundable credit against income tax for the Relations, and in addition to the Committee STRA, Mr. ROEMER, Mr. BURR of North purchase of private health insurance; to the on Armed Services, for a period to be subse- Carolina, Mr. REYES, Mr. BEREUTER, Committee on Ways and Means. quently determined by the Speaker, in each Mr. BOSWELL, Mr. PETERSON of Min- By Mr. KUCINICH: case for consideration of such provisions as nesota, Mr. CRAMER, Mr. HASTINGS of H.R. 4605. A bill to amend the Nuclear fall within the jurisdiction of the committee Florida, Mr. ROGERS of Michigan, Mr. Waste Policy Act of 1982 with respect to concerned. FRANK, Mr. BARR of Georgia, Mr. transportation of nuclear waste; to the Com- By Mr. COX (for himself, Mr. WAXMAN, FROST, Mr. SULLIVAN, Mr. BALDACCI, mittee on Energy and Commerce, and in ad- Mrs. BONO, Mr. DREIER, Mr. ROHR- Mr. SESSIONS, Mr. DEUTSCH, Mr. dition to the Committee on Transportation ABACHER, Mr. LEWIS of California, Mr. TIERNEY, and Ms. HART): and Infrastructure, for a period to be subse- ROYCE, Mr. POMBO, Mr. CALVERT, and H.R. 4598. A bill to provide for the sharing quently determined by the Speaker, in each Mr. MCKEON): of homeland security information by Federal case for consideration of such provisions as H.R. 4592. A bill to name the chapel located intelligence and law enforcement agencies fall within the jurisdiction of the committee in the national cemetery in Los Angeles, with State and local entities; to the Com- concerned. California, as the ‘‘Bob Hope Veterans Chap- mittee on Intelligence (Permanent Select), By Mr. MARKEY (for himself, Mr. DIN- el’’; to the Committee on Veterans’ Affairs. and in addition to the Committee on the Ju- GELL, and Mr. SMITH of New Jersey): By Mr. HILL (for himself, Mr. MATHE- diciary, for a period to be subsequently de- H.R. 4606. A bill to amend the Public SON, Mr. TURNER, Mr. STENHOLM, Mr. termined by the Speaker, in each case for Health Service Act to provide for Alz- BOYD, Mr. MOORE, Mr. TANNER, Mr. consideration of such provisions as fall with- heimer’s disease research and demonstration BERRY, Mr. HOLDEN, Mr. ROSS, Mr. in the jurisdiction of the committee con- grants; to the Committee on Energy and BISHOP, and Mr. SCHIFF): cerned. Commerce. H.R. 4593. A bill to amend the Balanced By Mrs. DAVIS of California: By Mr. MARKEY (for himself, Mr. HAN- Budget and Emergency Deficit Control Act H.R. 4599. A bill to establish a pilot pro- SEN, Mr. OLVER, Mr. NEAL of Massa- of 1985 and the Congressional Budget Act of gram to encourage certification of teachers chusetts, Mr. MCGOVERN, Mr. FRANK, 1974 to extend the discretionary spending in low-income, low-performing public ele- Mr. MEEHAN, Mr. TIERNEY, Mr. caps and the pay-as-you-go requirement, and mentary and secondary schools by the Na- CAPUANO, Mr. LYNCH, and Mr. for other purposes; to the Committee on the tional Board for Professional Teaching DELAHUNT): Budget, and in addition to the Committee on Standards, and for other purposes; to the H.R. 4607. A bill to provide for fire safety Rules, for a period to be subsequently deter- Committee on Education and the Workforce. standards for cigarettes, and for other pur- mined by the Speaker, in each case for con- By Mr. GREENWOOD (for himself, Mr. poses; to the Committee on Energy and Com- sideration of such provisions as fall within COX, Mr. MURTHA, Mr. TOOMEY, Mr. merce. the jurisdiction of the committee concerned. MORAN of Virginia, Mr. PETERSON of By Mr. MORAN of Kansas (for himself By Mr. MOORE (for himself, Mr. HILL, Minnesota, Mr. STENHOLM, Mr. LUCAS and Mr. TIAHRT): Mr. TANNER, Mr. STENHOLM, Mr. of Kentucky, Mr. PICKERING, and Mr. H.R. 4608. A bill to name the Department of HOLDEN, Mr. SANDLIN, Mr. ROSS, Mr. WELDON of Florida): Veterans Affairs medical center in Wichita, BISHOP, Mr. SCHIFF, Mr. ISRAEL, Mr. H.R. 4600. A bill to improve patient access Kansas, as the ‘‘Robert J. Dole Department MATHESON, Mr. PHELPS, Ms. HARMAN, to health care services and provide improved of Veterans Affairs Medical Center‘‘; to the and Mr. TURNER): medical care by reducing the excessive bur- Committee on Veterans’ Affairs. H.R. 4594. A bill to increase the statutory den the liability system places on the health By Mr. NETHERCUTT (for himself and debt limit and to require a Presidential plan care delivery system; to the Committee on Mr. OTTER): to restore balanced budgets and protect So- the Judiciary, and in addition to the Com- H.R. 4609. A bill to direct the Secretary of cial Security; to the Committee on Ways and mittee on Energy and Commerce, for a pe- the Interior to conduct a comprehensive Means, and in addition to the Committees on riod to be subsequently determined by the study of the Rathdrum Prairie/Spokane Val- the Budget, and Rules, for a period to be sub- Speaker, in each case for consideration of ley Aquifer, located in Idaho and Wash- sequently determined by the Speaker, in such provisions as fall within the jurisdic- ington; to the Committee on Resources. each case for consideration of such provi- tion of the committee concerned. By Ms. NORTON: sions as fall within the jurisdiction of the By Mr. DEFAZIO: H.R. 4610. A bill to direct the Adminis- committee concerned. H.R. 4601. A bill to provide for the convey- trator of the Environmental Protection By Mr. BAKER (for himself and Mr. ance of a small parcel of Bureau of Land Agency to carry out a pilot program for res- SCHROCK): Management land in Douglas County, Or- toration of urban watersheds and community H.R. 4595. A bill to amend title 32, United egon, to the county to improve management environments in the Anacostia River water- States Code, to revise the matching funds re- of and recreational access to the Oregon shed, District of Columbia and Maryland, quirements for States participating in the Dunes National Recreation Area, and for and for other purposes; to the Committee on National Guard Challenge Program, and for other purposes; to the Committee on Re- Transportation and Infrastructure. other purposes; to the Committee on Armed sources. By Mr. OLVER (for himself, Mr. ALLEN, Services. By Mr. DINGELL (for himself and Mrs. Mr. INSLEE, Mr. HINCHEY, Mr. By Mrs. CAPPS (for herself, Mrs. ROU- LOWEY): GILCHREST, Mr. GEORGE MILLER of KEMA, Mr. DINGELL, Mr. JEFFERSON, H.R. 4602. A bill to amend the Public California, and Mr. FARR of Cali- Mrs. MALONEY of New York, Mr. KEN- Health Service Act and the Federal Food, fornia): NEDY of Rhode Island, Mr. MCNULTY, Drug, and Cosmetic Act to ensure a safe H.R. 4611. A bill to amend the Clean Air Mr. TOWNS, Ms. BROWN of Florida, pregnancy for all women in the United Act to establish an inventory, registry, and Mr. FILNER, Mr. SERRANO, and Mr. States, to reduce the rate of maternal mor- information system of United States green- LYNCH): bidity and mortality, to eliminate racial and house gas emissions to inform the public and H.R. 4596. A bill to provide for a com- ethnic disparities in maternal health out- private sectors concerning, and encourage prehensive Federal effort relating to treat- comes, to reduce pre-term labor, to examine voluntary reductions in, greenhouse gas H1674 CONGRESSIONAL RECORD — HOUSE April 25, 2002

emissions; to the Committee on Energy and quire a three-fifths vote to pass any measure H.R. 1305: Mr. DIAZ-BALART. Commerce. the enactment of which would result in a H.R. 1307: Mr. WATT of North Carolina and By Mr. OSE (for himself and Mr. DIAZ- deficit in the unified budget of the United Mr. BISHOP. BALART): States for any fiscal year; to the Committee H.R. 1331: Mr. HAYES. H.R. 4612. A bill to amend the Federal on Rules. H.R. 1354: Ms. BROWN of Florida. Credit Union Act to provide expanded access By Mr. WATKINS (for himself, Mr. H.R. 1371: Mr. DAVIS of Illnois. for persons in the field of membership of a DELAHUNT, Mr. MURTHA, Mrs. ROU- H.R. 1433: Mr. SNYDER. Federal credit union to money order and KEMA, Mr. KENNEDY of Rhode Island, H.R. 1436: Mr. PICKERING, Mr. LUCAS of check cashing services; to the Committee on Mr. WYNN, Mr. OLVER, Mr. SULLIVAN, Oklahoma, and Mr. Lynch. Financial Services. Mr. LUCAS of Oklahoma, Mr. OBER- H.R. 1598: Mr. FORD, Mr. LARSEN of Wash- By Mr. ROHRABACHER: STAR, Mr. WATTS of Oklahoma, Mr. ington, Mr. TOWNS, Mrs. MALONEY of New H.R. 4613. A bill to authorize the Board of CARSON of Oklahoma, and Mr. BEREU- York, and Mr. ABERCROMBIE. Regents of the Smithsonian Institution to TER): H.R. 1604: Mr. BOOZMAN. establish an awards program in honor of H. Res. 398. A resolution recognizing the H.R. 1609: Mr. BURR of North Carolina and Charles ‘‘Pete’’ Conrad, astronaut and space devastating impact of fragile X, urging in- Mr. PRICE of North Carolina. scientist, for recognizing the discoveries creased funding for research on fragile X, H.R. 1642: Mr. MCDERMOTT, Mr. FORD, Mr. made by amateur astronomers of asteroids and commending the goals of National Frag- FALEOMAVAEGA, Mr. MCNULTY, Mrs. JONES of with near-Earth orbit trajectories; to the ile X Research Day, and for other purposes; Ohio, and Mr. HINCHEY. Committee on House Administration. to the Committee on Energy and Commerce. H.R. 1764: Mr. SABO. By Mr. SANDERS: H.R. 1795: Ms. BROWN of Florida, Mr. H.R. 4614. A bill to permit commercial im- By Mr. LATHAM (for himself, Mr. HAN- SEN, Mr. HASTERT, and Mr. CANNON): HASTINGS of Florida, Mr. TANCREDO, Mr. portation of prescription drugs from Canada, DAVIS of Florida, Mr. QUINN, Mr. THOMPSON and for other purposes; to the Committee on H. Res. 399. A resolution honoring Cael Sanderson for his perfect collegiate wres- of California, Mr. BACA, and Mr. BROWN of Energy and Commerce. Ohio. By Mr. UDALL of New Mexico (for tling record; to the Committee on Education H.R. 1808: Mr. HOEFFEL. ORAN and the Workforce. himself, Mr. M of Kansas, Mr. H.R. 1822: Mr. GEORGE MILLER of Cali- LUCAS of Oklahoma, Mr. THORN- By Mr. SMITH of New Jersey (for him- self, Mr. DOYLE, Mr. KING, Mr. TOM fornia. BERRY, Mr. SKEEN, and Mr. REYES): H.R. 2161: Mrs. CAPITO. H.R. 4615. A bill to amend the Intermodal DAVIS of Virginia, Mr. BRADY of H.R. 2222: Mr. RAHALL. Surface Transportation Efficiency Act of Pennsylvania, Mr. HOLT, Mr. ROTH- H.R. 2419: Mr. UNDERWOOD. 1991 to identify a route that passes through MAN, Mr. MENENDEZ, Mr. LEVIN, Mr. H.R. 2422: Ms. LEE, Mr. HILLIARD, Mrs. the State of Texas, New Mexico, Oklahoma, PLATTS, Mr. LANGEVIN, Mr. GOOD- MINK of Hawaii, Mr. SANDERS, and Mr. and Kansas, as a high priority corridor on LATTE, Mrs. MALONEY of New York, MCGOVERN. the National Highway System; to the Com- Mr. GILMAN, Mr. SHAYS, Mr. DAVIS of H.R. 2484: Mr. CLEMENT, Mr. KANJORSKI, mittee on Transportation and Infrastruc- Florida, Mr. LYNCH, Mr. CANTOR, Mrs. Mr. LANGEVIN, Mr. CALLAHAN, Mr. CARSON of ture. MORELLA, Mr. REYES, and Mr. Oklahoma. By Mr. BERRY (for himself, Mr. JOHN, GOODE): H.R. 2550: Mr. FRANK. Mr. BOYD, Mr. TURNER, Mr. STEN- H. Res. 400. A resolution recognizing the H.R. 2555: Mr. MORAN of Virginia. HOLM, Mr. BOSWELL, Mr. TAYLOR of importance of increasing awareness of the H.R. 2570: Mrs. JONES of Ohio. Mississippi, Ms. HARMAN, Mr. ROSS, autism spectrum disorder, and supporting H.R. 2695: Mr. FILNER. Mr. SANDLIN, Mr. HALL of Texas, Mr. programs for greater research and improved H.R. 2714: Mr. GEKAS and Mr. PENCE. SCHIFF, Mr. HILL, Mr. PHELPS, Mr. LI- treatment of autism and improved training H.R. 2726: Mr. SIMPSON and Mr. PLATTS. PINSKI, Mr. BISHOP, Mr. CONDIT, and and support for individuals with autism and H.R. 2735: Mr. UDALL of Colorado and Ms. Mr. EDWARDS): those who care for them; to the Committee H.J. Res. 90. A joint resolution proposing on Energy and Commerce. PRYCE of Ohio. H.R. 2835: Mr. BERMAN, Mr. ROYCE, and Mr. an amendment to the Constitution to pro- f vide for a balanced budget for the United TANCREDO. States Government and for greater account- PRIVATE BILLS AND H.R. 2874: Mr. LANGEVIN, Mr. MCGOVERN, ability in the enactment of tax legislation; RESOLUTIONS Ms. VELAZQUEZ, Ms. MILLENDER-MCDONALD, and Mr. MORAN of Virginia. to the Committee on the Judiciary. Under clause 3 of rule XII, By Mr. KELLER (for himself, Mr. H.R. 3006: Mr. MANZULLO. H.R. 3064: Mr. EVANS. UPTON, Mr. HILLEARY, Mr. BOEHNER, Mr. OSE introduced a bill (H.R. 4616) for H.R. 3131: Mr. NADLER and Mr. ABER- Mr. CASTLE, Mr. TANCREDO, Mr. ROE- the relief of Alfonso Quezada-Bonilla; which CROMBIE. MER, Mr. ISAKSON, Mr. PENCE, Mr. was referred to the Committee on the Judici- H.R. 3132: Mr. FILNER and Mr. BONIOR. TIBERI, Mr. SOUDER, Mr. PETRI, Mr. ary. H.R. 3244: Mr. SANDERS. MCKEON, Mr. BURR of North Carolina, f H.R. 3273: Mrs. ROUKEMA. Mr. SCHAFFER, and Mr. HOEKSTRA): H. Con. Res. 386. Concurrent resolution ADDITIONAL SPONSORS H.R. 3414: Mr. DICKS. H.R. 3415: Mr. BONIOR. supporting a National Charter Schools Week, Under Clause 7 of rule XII, Sponsors and for other purposes; to the Committee on H.R. 3431: Mr. DEUTSCH, Mr. BOYD, Mr. were added to public bills and resolu- LARSON of Connecticut, and Mr. CUMMINGS. Education and the Workforce. tions as follows: By Mr. BARTON of Texas (for himself H.R. 3439: Ms. HART. H.R. 3462: Mr. MATSUI, Ms. HARMAN, Mr. and Mr. MOORE): H.R. 17: Mr. PRICE of North Carolina and H. Con. Res. 387. Concurrent resolution rec- Mr. GORDON. ROGERS of Michigan, Mr. HOEFFEL, and Mr. ognizing the American Society of Civil Engi- H.R. 218: Mr. JEFF MILLER of Florida. BOYD. neers for reaching its 150th Anniversary and H.R. 632: Mr. FORD. H.R. 3469: Ms. SLAUGHTER, Mr. ABER- for the many vital contributions of civil en- H.R. 647: Mr. JONES of North Carolina. CROMBIE, Mrs. MORELLA, Mrs. LOWEY, Mr. gineers to the quality of life of our Nation’s H.R. 730: Mr. SAWYER. GONZALEZ, Ms. SCHAKOWSKY, Mrs. people including the research and develop- H.R. 786: Mr. LEWIS of Georgia. CHRISTENSEN, Ms. BALDWIN, Ms. VELAZQUEZ, ment projects that have led to the physical H.R. 854: Mr. ETHERIDGE, Mr. BURR of Ms. JACKSON-LEE of Texas, Mr. ANDREWS, Mr. infrastructure of modern America; to the North Carolina, Mr. SANDERS, Mr. COLLINS, WEXLER, Mr. BLUMENAUER, Mr. SMITH of Committee on Science. Mr. CHAMBLISS, and Mr. TAYLOR of North Washington, Mr. JEFFERSON, Mr. PRICE of By Mrs. CHRISTENSEN (for herself, Carolina. North Carolina, Mr. BAIRD, Mr. HOLT, Mrs. Mr. WATTS of Oklahoma, and Mr. H.R. 870: Mr. MASCARA. JONES of Ohio, Mr. PASTOR, Mr. BALDACCI, NORWOOD): H.R. 902: Mr. BACHUS. Mr. DAVIS of Illinois, Mr. HILLIARD, Mr. WAX- H. Con. Res. 388. Concurrent resolution ex- H.R. 938: Mr. HOEFFEL. MAN, Mrs. THURMAN, Mr. STARK, Mr. MEEKS pressing the sense of the Congress that there H.R. 951: Mr. SANDLIN, Mr. GRUCCI, and Mr. of New York, Ms. BROWN of Florida, and Ms. should be established a National Minority TURNER. ROYBAL-ALLARD. Health and Health Disparities Month, and H.R. 952: Mr. LUCAS of Kentucky. H.R. 3476: Mr. KILDEE and Mr. BACA. for other purposes; to the Committee on En- H.R. 1090: Mr. JENKINS, Mr. LAMPSON, Ms. H.R. 3512: Ms. HART. ergy and Commerce. ROS-LEHTINEN, Mr. DAVIS of Florida, Mr. H.R. 3524: Mrs. CLAYTON. By Mr. TANNER (for himself, Mr. BACA, Mr. CUMMINGS, Mr. RANGEL, and Mr. H.R. 3585: Mr. RANGEL. MATHESON, Mr. HILL, Mr. MOORE, Mr. BROWN of Ohio. H.R. 3625: Mr. UDALL of Colorado, Ms. STENHOLM, Mr. PHELPS, Mr. BERRY, H.R. 1184: Mr. GEKAS. ESHOO, Ms. MCCARTHY of Missouri, and Mr. Mr. SANDLIN, Mr. HOLDEN, Mr. ROSS, H.R. 1198: Mr. SHAYS and Mr. CARSON of POMEROY. Mr. SCHIFF, Mr. ISRAEL, and Mr. Oklahoma. H.R. 3659: Mr. MEEHAN, Mr. SANDERS, Mr. BISHOP): H.R. 1268: Mr. BRADY of Texas. LARSON of Connecticut, Mr. OSBORNE, and H. Res. 397. A resolution amending the H.R. 1296: Mr. VITTER and Mr. KENNEDY of Mr. HOBSON. Rules of the House of Representatives to re- Minnesota. H.R. 3684: Mr. GRUCCI. April 25, 2002 CONGRESSIONAL RECORD — HOUSE H1675

H.R. 3710: Mr. TIERNEY. H.R. 4169: Mrs. CUBIN. Mr. GRAVES, Mr. MATSUI, Mr. FOLEY, Mr. H.R. 3788: Mr. MEEHAN. H.R. 4175: Ms. GRANGER. WELDON of Florida, Mr. COBLE, Mr. SAXTON, H.R. 3794: Ms. LEE, Mr. PAYNE, Mr. MCGOV- H.R. 4176: Ms. GRANGER. Mr. PENCE, Mr. WEINER, Mr. HASTINGS of ERN, Mr. GALLEGLY, and Mr. PLATTS. H.R. 4177: Ms. GRANGER. Florida, Mr. GIBBONS, Mr. SCHROCK, Mr. KEN- H.R. 3808: Mr. PETRI, Mr. MANZULLO, Mr. H.R. 4209: Mr. CLEMENT and Mr. GONZALEZ. NEDY of Minnesota, Mr. MCINTYRE, Mr. BAR- TANCREDO, Mr. STUMP, and Mr. SHIMKUS. H.R. 4483: Mr. GIBBONS, Mr. NORWOOD, Mr. TON of Texas, and Mr. GRUCCI. H.R. 3831: Mrs. MYRICK and Mr. FRANK. GRAVES, and Mr. KENNEDY of Minnesota. H.R. 3833: Mr. SHOWS. H.R. 4515: Mr. THOMPSON of California. f H.R. 3900: Mr. FOLEY. H.R. 4574: Mr. PLATTS. DELETIONS OF SPONSORS FROM H.R. 3917: Mr. HOEFFEL and Mr. KENNEDY of H.R. 4582: Mr. MCHUGH. Rhode Island. H.J. Res. 40: Mr. OSE. PUBLIC BILLS AND RESOLUTIONS H.R. 3940: Mr. BROWN of South Carolina. H.J. Res. 86: Mr. BURTON of Indiana. Under clause 7 of rule XII, sponsors H.R. 3957: Mr. PLATTS. H. Con. Res. 42: Mrs. NAPOLITANO and Mr. were deleted from public bills and reso- H.R. 3994: Mr. MENENDEZ, Mr. HOEFFEL, Mr. BISHOP. lutions as follows: FALEOMAVAEGA, Mrs. NAPOLITANO, Mr. PAYNE H. Con. Res. 320: Mr. RANGEL. and Mr. ROHRABACHER. H. Con. Res. 336: Ms. PELOSI, Mr. LEWIS of H.R. 2142: Mr. PITTS. H.R. 4000: Mr. SCHAFFER, Mr. DOOLEY of California, and Mr. FILNER. f California, and Mr. PASTOR. H. Con. Res. 346: Mrs. LOWEY and Mr. SABO. H.R. 4002: Ms. CARSON of Indiana. H. Con. Res. 351: Mr. ALLEN, Ms. CARSON of DISCHARGE PETITIONS— H.R. 4003: Mr. HOLT. Indiana, Mr. FRANK, and Mr. FILNER. ADDITIONS OR DELETIONS H.R. 4011: Mr. FILNER and Mr. STARK. H. Con. Res. 355: Ms. ROS-LEHTINEN, Mr. H.R. 4014: Mr. LUCAS of Oklahoma. MALONEY of Connecticut, Mr. FORD, Mrs. The following Members added their H.R. 4027: Mr. PUTNAM and Mr. EVANS. LOWEY, and Mr. SCHAFFER. names to the following discharge peti- H.R. 4032: Mr. FATTAH, Mr. MEEKS of New H. Con. Res. 358: Mr. BONIOR. tions: York, Mr. LANTOS, Mr. RUSH, Mr. OLVER, Mr. H. Res. 392: Mr. ARMEY, Mr. HOEFFEL, Mr. Petition 6, by Mr. STEVE ISRAEL on FROST, Mr. KUCINICH, Mr. BONIOR, Mr. FORD, OTTER, Mrs. MCCARTHY of New York, Mr. House Resolution 352: Paul E. Kan- Mr. GONZALEZ, and Mr. HASTINGS of Florida. WATTS of Oklahoma, Mr. TERRY, Mr. ISRAEL, H.R. 4066: Mr. ROTHMAN, Ms. MCCOLLUM, Mr. COSTELLO, Ms. ROS-LEHTINEN, Mr. SHER- jorski. Mrs. KELLY, Mr. BERRY, Mr. CARDIN, Ms. MAN, Mr. ROTHMAN, Mrs. KELLY, Mr. BACA, Petition 4, by Mr. CUNNINGHAM on LEE, and Ms. MCKINNEY. Mr. PLATTS, Mr. SOUDER, Mr. LOBIONDO, Mr. House Resolution 271: Charles W. Sten- H.R. 4152: Mr. KINGSTON and Ms. HART. DIAZ-BALART, Mr. CRANE, Mr. GUTIERREZ, holm. E PL UR UM IB N U U S Congressional Record United States th of America PROCEEDINGS AND DEBATES OF THE 107 CONGRESS, SECOND SESSION

Vol. 148 WASHINGTON, THURSDAY, APRIL 25, 2002 No. 48 Senate The Senate met at 9:30 a.m. and was For Vision to be Your hand in the SCHEDULE called to order by the Honorable events of the world; Mr. REID. The Senate will shortly DEBBIE STABENOW, a Senator from the For Wisdom milked from worship, conduct two rollcall votes on judicial State of Michigan. Your Word, and Your will; nominations. Following the votes, the For X-ray perception to see through Senate will resume consideration of PRAYER the scams and schemes; the energy reform bill. Rollcall votes The guest Chaplain, Rev. Jim Henry, For Your strength as a teammate in in relation to the amendments on the First Baptist Church Orlando, in Or- the yoke of weariness; bill will occur throughout the day. We lando, FL, offered the following prayer: For Zest to run well and finish strong expect to complete action on the en- Dear Sovereign Father, we humble in the race of life; ergy bill sometime, we hope, early this ourselves in recognition of Your holi- In the name of our Lord and Savior afternoon. ness, majesty, grace, love, and good- Jesus Christ, Amen. I ask now that prior to beginning the ness. I come to beseech you in behalf of f votes, the Senator from Florida, Mr. those who serve You and represent the NELSON, be recognized as if in morning people of our Republic: PLEDGE OF ALLEGIANCE business and that time count against For Ambition to be the yokefellow of The Honorable DEBBIE STABENOW led the 30 hours. humility; the Pledge of Allegiance, as follows: The ACTING PRESIDENT pro tem- For Behavior worthy to be copied; pore. Without objection, it is so or- For Courage in the face of difficul- I pledge allegiance to the Flag of the dered. ties; United States of America, and to the Repub- lic for which it stands, one nation under God, f For Decisions based on eternal prin- indivisible, with liberty and justice for all. ciples; RESERVATION OF LEADER TIME For Encouragement when the walls f The ACTING PRESIDENT pro tem- of loneliness surround them; APPOINTMENT OF ACTING pore. Under the previous order, the For Faith when doubt knocks on the PRESIDENT PRO TEMPORE leadership time is reserved. door; The Senator from Florida. For Gentleness to rule over harsh- The PRESIDING OFFICER. The ness; clerk will please read a communication f For Hope in the midst of despair; to the Senate from the President pro WELCOME REVEREND JIM HENRY For Impulsiveness to be counteracted tempore (Mr. BYRD). Mr. NELSON of Florida. Madam with thoughtfulness; The assistant legislative clerk read For Joy in their journey of service; the following letter: President, it is a privilege for me to For Knowledge to grapple with the call to the attention of the Senate that U.S. SENATE, our guest Chaplain today is from Or- monumental challenges; PRESIDENT PRO TEMPORE, For Light to shatter strongholds of Washington, DC, April 25, 2002. lando, FL. He is quite a noteworthy in- darkness; To the Senate: dividual, and that is why I had particu- For Modesty to be the wardrobe of Under the provisions of rule I, paragraph 3, larly requested of our leadership the ego; of the Standing Rules of the Senate, I hereby opportunity that he might come and be For Nobility to be the pathway of appoint the Honorable DEBBIE STABENOW, a our guest Chaplain. Not only has Jim Senator from the State of Michigan, to per- Henry been the pastor of the largest choice; form the duties of the Chair. For Objectivity to grace every vote; church in the central Florida area ROBERT C. BYRD, since 1977, but he rose to the rank of For Protection for their families and Pesident pro tempore. those dear to their thoughts; the president of the Southern Baptist Ms. STABENOW thereupon assumed For Quiet times to hear Your whis- Convention. the chair as Acting President pro tem- pers to their hearts; The reason I make note of that is For Richness of character to be the pore. that a schism among church leadership most sought after office; f had occurred and they needed a leader For Servanthood to be more signifi- of that convention, someone who could cant than success; RECOGNITION OF THE ACTING be a reconciler, a healer, who could For Truth to outduel falsehood at MAJORITY LEADER bring people together in the midst of every encounter; The ACTING PRESIDENT pro tem- their differences. For Urgent to be under the thumb of pore. The acting majority leader is rec- We deal with that every day here, but the important; ognized. we are dealing in the political world

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

S3337

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VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.000 pfrm12 PsN: S25PT1 S3338 CONGRESSIONAL RECORD — SENATE April 25, 2002 where, as the Good Book says, we The PRESIDING OFFICER (Mr. MIL- Biden Enzi McConnell Bingaman Feingold Mikulski should come and reason together, work LER). Are there any other Senators in Bond Feinstein Miller out our differences, achieve consensus, the Chamber desiring to vote? Boxer Fitzgerald Murkowski and try to help govern the Nation in a The result was announced—yeas 99, Breaux Frist Murray way that the people would want the nays 0, as follows: Brownback Graham Nelson (FL) Bunning Gramm Nelson (NE) Nation governed. [Rollcall Vote No. 85 Ex.] Burns Grassley Nickles So, too, as many other things, in- YEAS—99 Byrd Gregg Reed cluding in the faith-based arena, we Campbell Hagel Reid Akaka Dorgan Lugar Cantwell Harkin Roberts find deep schisms and we find a dif- Allard Durbin McCain ficulty in people coming together. We Carnahan Hatch Rockefeller Allen Edwards McConnell Carper Hollings Santorum have seen that, unfortunately, Baucus Ensign Mikulski Chafee Hutchinson Sarbanes throughout the history of man. So Bayh Enzi Miller Cleland Hutchison Schumer often religion has been the dividing Bennett Feingold Murkowski Clinton Inhofe Sessions Biden Feinstein Murray Cochran Inouye Shelby factor that has called people to war, to Bingaman Fitzgerald Nelson (FL) Collins Jeffords Smith (NH) hate, and to kill. We see that among a Bond Frist Nelson (NE) Conrad Johnson Smith (OR) faith that ought to be a unifying case Boxer Graham Nickles Corzine Kennedy Snowe in Northern Ireland. Yet because one Breaux Gramm Reed Craig Kerry Specter Brownback Grassley Reid Crapo Kohl Stabenow group calls themselves Protestant and Bunning Gregg Roberts Daschle Kyl Stevens another Catholic, they have chosen the Burns Hagel Rockefeller Dayton Landrieu Thomas path of war. We see that now where the Byrd Harkin Santorum DeWine Leahy Thompson United States has so much interest in Campbell Hatch Sarbanes Dodd Levin Thurmond Cantwell Hollings Schumer Domenici Lieberman Torricelli central Asia as a result of one religion Carnahan Hutchinson Sessions Dorgan Lincoln Voinovich playing off against another, people at- Carper Hutchison Shelby Durbin Lott Warner tacking us because of religion. Chafee Inhofe Smith (NH) Edwards Lugar Wellstone Cleland Inouye Smith (OR) Ensign McCain Wyden In the Scriptures, from the ancient Clinton Jeffords Snowe Scriptures in the Old Testament Cochran Johnson Specter NOT VOTING—1 through to the New Testament, we find Collins Kennedy Stabenow Helms the true word of the Lord was that He Conrad Kerry Stevens Corzine Kohl Thomas The nomination was confirmed. wanted people to love one another, to Craig Kyl Thompson bring people together, to be reconcilers STATEMENTS ON THE NOMINATIONS OF PERCY Crapo Landrieu Thurmond ANDERSON AND JACK WALTER instead of dividers. I share that little Daschle Leahy Torricelli Dayton Levin Voinovich Mr. LEAHY. Madam President, glimpse into history which was taught today, the Senate is voting on the 47th in the Old Testament. Clearly, the mes- DeWine Lieberman Warner Dodd Lincoln Wellstone and 48th judicial nominees to be con- sage of Jesus of Nazareth was: Love Domenici Lott Wyden firmed since last July when the Senate God, and love others as yourself. That NOT VOTING—1 Judiciary Committee reorganized after was the sum of all the law that had Helms the shift in the Senate majority. With been handed down. today’s votes on Percy Anderson and I share this little religious history The nomination was confirmed. Jack Walter to the U.S. District Court lesson as I proudly introduce my f for the Central District of California, friend, Jim Henry. He found himself in the Senate will have confirmed its 38th a position where he had to be a rec- NOMINATION OF JOHN F. WALTER, and 39th district court judges in the onciler, a healer, someone who brought OF CALIFORNIA, TO BE UNITED less than 10 months since I became people together in the midst of a STATES DISTRICT JUDGE FOR chairman this past summer. This is ad- storm. I am very honored that our THE CENTRAL DISTRICT OF dition to the 9 judges confirmed to the guest Chaplain today has been the Rev- CALIFORNIA Courts of Appeals. So the total number erend Jim Henry from the First Bap- of Federal judges confirmed since the tist Church of Orlando. The PRESIDING OFFICER. The I yield the floor. clerk will report the nomination of change in Senate majority will now be John F. Walter, of California, to be 48. Moreover, with the confirmations of f United States District Judge for the these nominees, the Senate will have EXECUTIVE SESSION Central District of California. resolved 9 judicial emergencies since The senior assistant bill clerk read we returned to session and helped fill 16 emergency vacancies since I became NOMINATION OF PERCY ANDER- the nomination of John F. Walter, of California, to be United States District chairman this past summer. The con- SON, OF CALIFORNIA, TO BE firmation of these nominees today UNITED STATES DISTRICT Judge for the Central District of Cali- fornia. demonstrates, again, the speed with JUDGE FOR THE CENTRAL DIS- which President Bush’s nominees are TRICT OF CALIFORNIA The PRESIDING OFFICER. The question is, Will the Senate advise and receiving consideration by the Judici- The ACTING PRESIDENT pro tem- consent to the nomination of John F. ary Committee and the Senate. Percy Anderson, is a nominee to the pore. Under the previous order, the Walter, of California, to be United U.S. District Court in the District of Senate will now go into executive ses- States District Judge for the Central sion and proceed to the vote on Execu- California. He is filling a judicial emer- District of California? The yeas and gency vacancy that has been pending tive Calendar Nos. 776 and 781. nays were previously ordered on this The legislative clerk read the nomi- for more than 1,360 days. Mr. Anderson nomination. The clerk will call the nation of Percy Anderson, of Cali- was nominated to fill the vacancy left roll. fornia, to be United States District by the elevation of Kim McLane The senior assistant bill clerk called Judge for the Central District of Cali- Wardlaw in 1998. I recall that President the roll. fornia. Clinton nominated Frederic Woocher The ACTING PRESIDENT pro tem- Mr. NICKLES. I announce that the to fill this judicial emergency vacancy pore. The question is, Will the Senate Senator from North Carolina (Mr. on May 27, 1999. Mr. Woocher was one advise and consent to the nomination HELMS) is necessarily absent. of those who received a hearing before of Percy Anderson, of California, to be The PRESIDING OFFICER. Are there the Judiciary Committee but was never United States District Judge for the any other Senators in the Chamber de- placed on the agenda to receive a vote. Central District of California? On this siring to vote? He was one of the lucky judicial nomi- question, the yeas and nays have been The result was announced—yeas 99, nees who got a hearing, with the sup- ordered and the clerk will call the roll. nays 0, as follows: port of his home-state Senators, but The bill clerk called the roll. [Rollcall Vote No. 86 Ex.] his nomination was ultimately frus- Mr. NICKLES. I announce that the YEAS—99 trated by never being considered by the Senator from North Carolina (Mr. Akaka Allen Bayh Judiciary Committee. Like Allen Sny- HELMS) is necessarily absent. Allard Baucus Bennett der of the District of Columbia, Bonnie

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.003 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3339 Campbell of Iowa, Clarence Sundram of pending before the Senate for 16 headed, despite the poor treatment of New York, Anabelle Rodriguez and oth- months, had to be reported favorably too many Democratic nominees in the ers, he was never allowed Judiciary on two occasions by the Judiciary past. There have been no anonymous Committee consideration and never re- Committee, was held up by an anony- holds and other obstructionist tactics ceived a vote. After 19 months, his mous hold on the Senate floor calendar employed with regard to these nomi- nomination was returned to President over a period of more than 7 months, nees even though such tactics were em- Clinton, without receiving a vote in and was not confirmed until 644 days ployed with the nominations of Judge the Judiciary Committee at the time after the date of her initial nomina- Morrow, Judge Snyder, Judge Phillips, the Senate adjourned at the end of 2000. tion. Mr. Woocher and Ms. Gee. Jack Walter, a well-qualified nomi- In contrast, the Democratic-con- As our action today demonstrates, nee to the Central District of Cali- trolled Judiciary Committee is moving again, we are moving at a fast pace and fornia with excellent federal court ex- expeditiously to fill the judicial emer- confirming conservative nominees. perience, is nominated to fill the va- gency vacancies in the Central District Since the change in Senate majority, cancy left by the retirement of Judge of California. Mr. Anderson and Mr. the Democratic majority has moved to John G. Davies in 1998. That seat is a Walter were not nominated until late confirm President Bush’s nominees at judicial emergency vacancy that has January this year. They promptly re- a faster pace than the nominees of been vacant for more than 1,370 days— ceived a hearing on their nominations prior Presidents. The rate of confirma- almost 4 years. I recall that President on April 11, 2002, once the paperwork on tions in the past 10 months actually ex- Clinton nominated Dolly M. Gee to fill their nominations was received and ceeds the rates of confirmation in the this judicial emergency vacancy on within three weeks of the Committee past three presidencies. It took 15 May 27, 1999. Her nomination was re- having received their ABA peer review months for the Senate to confirm 46 ju- turned to President Clinton, without ratings. Had the Administration not dicial nominees for the Clinton admin- any action by the Senate, at the end of taken action that resulted in delaying istration. We have exceeded that num- 2000. After 19 months, that nomination, the ABA peer reviews, the time might ber of confirmations today and in five which was supported by both home- well have been even faster. fewer months. Also, in 1993, President State Senators was returned to the Senator HATCH noted at their hearing Clinton had a Senate led by his own President without a hearing or any that both of these nominees were first party, and we are considering Repub- consideration and was one of the scores nominated in the last year of the Ad- lican President George W. Bush’s nomi- of nominees on which the Senate did ministration of President George H.W. nees at a faster pace in the Demo- not take action over the 61⁄2 years that Bush and did not have hearings before cratic-led Senate. The pace at the be- preceded the shift in majority. the end of that Senate session in Octo- ginning of the Clinton administration Federal court vacancies rose from 63 ber 1992. I recall that 66 judges were amounted to the confirmation of 3.1 in January 1995 to 110 in July 2001, confirmed during the last year of the judges confirmed per month. when the Senate majority shifted back Bush administration, which set a In the first 15 months of the George to the Democrats and the Judiciary record, but I do not know why these H.W. Bush administration, only 27 Committee was reassigned Members for nominations were not considered. For judges were confirmed. The pace at the this Congress. For example, the Cen- anyone to try to assert that these beginning of the George H.W. Bush ad- tral District in California currently nominations have been pending for ministration amounted to 1.8 judges has six vacancies. Today we are acting over 10 years, however, would be ex- confirmed per month. In President to fill two of those vacancies on this traordinarily unfair and wrong. They Reagan’s first 15 months in office, 54 important Court. I can certainly under- were not confirmed in 1992, and not re- judges were confirmed. The pace at the stand the interest of Chief Judge Mar- nominated for 10 years, until January beginning of the Reagan administra- shall of that District and why she at- 2002. These nominations were not sent tion amounted to 3.6 judges confirmed tended the committee hearing on these to the Senate until this January and per month. By comparison, with to- nominations 2 weeks ago to support the files were not completed until late day’s confirmations, in the less than 10 these nominees. I say to Chief Judge March. Indeed, for them to have been months since the shift to a Democratic Marshall, help should be on the way pending for 10 years the Republican majority in the Senate, President very soon. I commend Senator FEIN- Senate majority that controlled judi- Bush’s judicial nominees have been STEIN and Senator BOXER for their ef- cial nominations from January 1995 confirmed at a rate of 4.8 per month, a forts to get these vacancies filled with through July 2001 would be at fault. I faster pace than for any of the last qualified nominees. would not make that criticism of the three Presidents. I recall that in the 61⁄2 years that pre- Senate Republicans of my predecessor During the preceding 61⁄2 years in ceded the shift in Senate extensive as chairman of the Judiciary Com- which a Republican majority most re- delays attended even those nomina- mittee. cently controlled the pace of judicial tions that were ultimately successful. The confirmation of these nominees confirmations in the Senate, 248 judges That is, in spite of the strong support today demonstrates our commitment were confirmed. Some like to talk of the two Senators from California, ju- promptly to consider qualified, con- about the 377 judges confirmed during dicial nominations for the District sensus nominees. Mr. Walter and Mr. the Clinton administration, but forget Court that serves Los Angeles, one of Anderson participated in bipartisan se- to mention that more than one-third the fastest growing areas in the nation lection processes, and they are the first were confirmed during the first two with a staggering caseload, were two nominees who have emerged from years of the Clinton administration greated delayed if considered at all. We a bipartisan selection process that Sen- while the Senate majority was Demo- are trying to change that practice. ators FEINSTEIN and BOXER established cratic and Senator BIDEN chaired the During the years of a Republican Sen- last year with the administration. Judiciary Committee. The pace of con- ate majority nominees such as Judge Both Mr. Anderson and Mr. Walter re- firmations under a Republican major- Virginia Phillips, Judge Christina Sny- ceived unanimous support from the bi- ity was markedly slower, especially in der, and Judge Margaret Morrow were partisan commission and appear to be 1996, 1997, 1999, and 2000. delayed for months and months. well-qualified. Both come to the Sen- During the 61⁄2 years of Republican Virginia Phillips was first nominated ate with more than 25 years’ experience control of the Senate, judicial con- back in May 1998 to fill a judicial emer- as trial attorneys. I would like to com- firmations averaged 38 per year—a pace gency vacancy on the District Court mend Senators FEINSTEIN and BOXER of consideration and confirmation that and was not confirmed until November for their efforts to establish the bipar- we have already exceeded under Demo- 1999. Christina Snyder was first nomi- tisan commission which has produced cratic leadership in fewer than 10 nated to the District Court in May 1996 such fine nominees. months, in spite of all of the challenges and was not confirmed until November The Senate’s consideration of these facing Congress and the Nation during 1997—542 days after her initial nomina- nominations illustrates the effect of this period and all of the obstacles Re- tion. The case of Judge Margaret Mor- the reforms to the process that the publicans have placed in our path. We row is particularly egregious—she was Democratic leadership has spear- have confirmed 48 judicial nominees in

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.114 pfrm12 PsN: S25PT1 S3340 CONGRESSIONAL RECORD — SENATE April 25, 2002 less than 10 months. This is almost The Republican-controlled majority months of the Reagan administration twice as many confirmations as George averaged only seven confirmations to (three), the first Bush administration W. Bush’s father had over a longer pe- the Courts of Appeals per year. Seven. (three), and the Clinton administration riod—27 nominees in 15 months—than In the less than 10 months the Demo- (two). This is three times the number the period Democrats have been in the crats have been in the majority, we of Court of Appeals nominees con- Senate majority. have already exceeded the annual num- firmed in the comparable 10-month pe- Our Republican critics like to make ber of Court of Appeals judges con- riods of past administrations. With arguments based on false rather than firmed by our predecessors. In an en- nine circuit judges confirmed in the fair comparisons. They complain that tire session of the 105th Congress, the less than 10 months since the Senate we have not done 24 months of work in Republican majority did not confirm a reorganized under Democratic leader- the less than 10 months we have been single judge to fill vacancies on the ship, we have greatly exceeded the in the majority. That is an unfair com- Courts of Appeals. That year has great- number of circuit judges confirmed at plaint. A fair examination of the rate ly contributed to the doubling of va- the beginning of prior presidencies. Our of confirmation shows, however, that cancies on the Courts of Appeals during achievements also compare quite fa- Democrats are working harder and the time in which the Republican ma- vorably to the total 46 Court of Appeals faster on judicial nominees, confirming jority controlled the Senate. nominees confirmed by the Republican judges at a faster pace than the rates The Republican majority assumed majority in the 76 months during of the past 20 years. control of judicial confirmation in Jan- which they most recently controlled I ask myself how Republicans can uary 1995 and did not allow the Judici- the Senate. Their inaction led to the justify seeking to hold the Democratic ary Committee to be reorganized after number of Courts of Appeals vacancies majority in the Senate to a different the shift in majority last summer until more than doubling. With a Demo- standard than the one they met them- July 10, 2001. During the period in cratic Senate majority, the number of selves during the last 61⁄2 years. There which the Republican majority con- circuit vacancies is going down. simply is no answer other than par- trolled the Senate and in which they Overall, in little less than 10 months, tisanship. This double standard is most delayed reorganization, the period from the Senate Judiciary Committee has apparent when Republicans refuse fair- January 1995 through July 2001, vacan- held 16 hearings involving 55 judicial ly to compare the progress we are mak- nominations and we will have our 17th ing with the period in which they were cies on the Courts of Appeals increased hearing this week. That is more hear- in the Senate majority with a Presi- from 16 to 33, more than doubling. When members were finally assigned ings on judges than the Republican ma- dent of the other party. They do not to the Judiciary Committee on July 10, jority held in any year of its control of want to talk about that because we have exceeded the number of judges we began with 33 Court of Appeals va- the Senate. In contrast, one-sixth of they confirmed per year. cancies. That is what I inherited. Since President Clinton’s judicial nominees— They would rather unfairly compare the shift in majority last summer, 5 ad- more than 50—never got a committee the work of the Senate on confirma- ditional vacancies have arisen on the hearing and committee vote from the tions in the less than 10 months since Courts of Appeals around the country. Republican majority, which perpet- the shift in majority to full, 2-year With this week’s confirmation of Jef- uated longstanding vacancies into this Congresses. I say that it is quite unfair frey Howard, we have reduced the num- year. Vacancies continue to exist on to complain that we have not done 24 ber of circuit court vacancies to 29. the Courts of Appeals in part because a months of work on judicial vacancies Rather than the 38 vacancies that Republican majority was not willing to in the less than 10 months since the would exist if we were making no hold hearings or vote on more than Senate reorganized. These double progress, as some have asserted, there half—56 percent—of President Clinton’s standards asserted by the Republicans now remain 29 vacancies. That is more Court of Appeals nominees in 1999 and are wrong and unfair, but that does not than keeping up with the attrition on 2000 and was not willing to confirm a seem to matter to Republicans intent the Circuit Courts. single judge to the Courts of Appeals on criticizing and belittling every While the Republican Senate major- during the entire 1996 session. achievement of the Senate under a ity increased vacancies on the Courts Despite the newfound concern from Democratic majority. of Appeals by over 100 percent, it has across the aisle about the number of The Republican critics also refuse to taken the Democratic majority less vacancies on the circuit courts, no recognize the fact that we are making than 10 months to reverse that trend, nominations hearings were held while progress with respect to Court of Ap- keep up with extraordinary turnover the Republicans controlled the Senate peals vacancies, as well. With this and, in addition, reduce circuit court last year. No judges were confirmed week’s vote on Jeffrey Howard to the vacancies by more than 10 percent during that time from among the many Court of Appeals for the 1st Circuit, overall, from 33 down to 29, or 12.1 per- qualified circuit court nominees re- the Senate confirmed its 9th judge to cent. This is progress. Rather than hav- ceived by the Senate on January 3, our Federal Courts of Appeals. In less ing the circuit vacancy numbers sky- 2001, or from among the nominations than 10 months since I became Chair- rocketing, as they did overall during received by the Senate on May 9, 2001. man this past summer, the Senate has the prior 61⁄2 years—more than dou- Had the Republicans not delayed and confirmed 9 judges to the Courts of Ap- bling from 16 to 33—the Democratic-led obstructed progress on Court of Ap- peals and held hearings on two others, Senate has reversed that trend. The va- peals nominees during the Clinton ad- with another circuit judge hearing cancy rate on the Courts of Appeals is ministration, we would not now have scheduled for tomorrow. This is more moving in the right direction—down. so many vacancies. Had the Repub- circuit judges than were confirmed in Despite claims to the contrary, under licans even reversed course just this all 12 months of 2000, 1999, 1997, and Democratic leadership, the Senate is past year and proceeded on the circuit 1996, 4 of the 6 years of Republican con- confirming President Bush’s Circuit court nominees sent to the Senate in trol of the Senate during the Clinton Court nominees more quickly than the January, the number of circuit court administration. It is triple the number nominees of other Presidents were con- vacancies today could be in the low of circuit judges confirmed in 1993, firmed by Senates, even some with ma- 20’s, given the pace of confirmation of when a Democratic Senate majority jorities from the President’s own circuit nominees since the shift in ma- was working with a President of the party. The number of confirmations to jority last summer. same party and received some coopera- the Circuit Courts has exceeded those I do not mean by my comments to tion from the Clinton administration. who were confirmed over 10-month appear critical of Senator HATCH. Many It exceeds the number of Court of Ap- time frames at the beginning of past times during the 61⁄2 years he chaired peals judges confirmed by a Republican administrations. With the confirma- the Judiciary Committee, I observed Senate majority in the first 12 months tion of Jeffrey Howard, 9 Circuit Court that, were the matter left up to us, we of the Reagan administration and it nominees will have been confirmed in would have made more progress on equals the number of circuit judges less than 10 months. This number more judicial nominees. I thanked him confirmed in the first 12 months of the greatly exceeds the number of Court of during those years for his efforts. I first Bush administration. Appeals confirmations in the first 10 know that he would have liked to have

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.115 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3341 been able to do more and not have to Democratic majority has failed to con- agreement of the White House. It is leave so many vacancies and so many sider conservative judicial nominees, I testament to the qualifications of both nominees without action. hope someone will ask those critics Mr. Anderson and Mr. Percy that each I hope to continue to hold hearings about the many other conservative of these nominees was unanimously en- and make progress on judicial nomi- nominees we have proceeded to con- dorsed by the bipartisan advisory com- nees. In our efforts to address the num- sider and confirm. mittee. Moreover, the Judiciary Com- ber of vacancies on the circuit and dis- The nominees being voted on today mittee unanimously approved their trict courts we inherited from the Re- participated in bipartisan selection nominations. publicans, the Committee has focused processes and appear to be the type of The process that led to these nomina- on consensus nominees for all Sen- qualified, consensus nominees that the tions is representative of how the sys- ators. In order to respond to what Vice Senate has been confirming expedi- tem can work, and should work, to President CHENEY and Senator HATCH tiously to help fill vacancies on our produce highly qualified judicial can- now call a vacancy crisis, the Com- Federal courts. I am proud of the tre- didates. This process should serve as an mittee has focused on consensus nomi- mendous work we have done since the example to other states as they too, nees. This will help end the crisis change in the majority and the way the work with the White House to develop caused by Republican delay and ob- committee and the Senate have consid- nominating systems. Now, I would like struction by confirming as many of the ered nominees fairly and promptly. to describe the nominees. President’s judicial nominees as quick- Mr. HATCH. Madam President, I rise Mr. Anderson, a resident of ly as possible. to support the nomination of Percy An- Inglewood, CA, has spent his entire 25- Most Senators understand that the derson to be U.S. District Judge for the year legal career practicing law in more controversial nominees require Central District of California. southern California including a 6-year greater review. This process of careful It should be noted that the first stint as an Assistant U.S. Attorney and review is part of our democratic proc- President Bush nominated Mr. Ander- 15 years in private practice. He is cur- ess. It is a critical part of the checks son to the U.S. District Court for the rently a partner at the firm of and balances of our system of govern- Central District of California in 1992, Sonneschein, Nath, and Rosenthal, ment that does not give the power to but regrettably, the Democratic Senate where he specializes in commercial liti- make lifetime appointments to one did not hold a hearing for him. After gation and criminal defense. Judges person alone to remake the courts reviewing Mr. Anderson’s distinguished and private practitioners in the Los along narrow ideological lines, to pack legal career, I can tell you that he is a Angeles area consistently praise Mr. the courts with judges whose views are fine jurist who will add a great deal to Anderson for his legal acumen, high outside of the mainstream of legal the Federal bench in California. Fol- ethical standards, and professionalism. thought, and whose decisions would lowing graduation from UCLA School The other nominee we will vote on further divide our nation. of Law in 1975, Percy Anderson served this morning is Jack Walter, a resident The committee continues to try to as a Directing Attorney and Staff At- of Pacific Palisades, CA. Mr. Walter’s accommodate Senators from both sides torney with San Fernando Valley credentials are equally outstanding. of the aisle. The Court of Appeals Neighborhood Legal Services, rep- Since 1976, Mr. Walter has practiced nominees included at hearings so far resenting indigent clients in civil mat- criminal and civil litigation in a firm this year have been at the request of ters. he co-founded, Walter, Firestone & Senators GRASSLEY, LOTT, SPECTER, In addition, he helped less experi- Richter in 1976. Over the years, Mr. ENZI and SMITH from New Hampshire enced lawyers with trial preparation Walter has represented over 75 indigent five Republican Senators who each and courtroom presentation in matters defendants who were charged with sought a prompt hearing on a Court of before the Superior and Municipal crimes in Federal court. Appeals nominee who was not among Court in Los Angeles. He then acted as Mr. Walter has also served as a judge those initially sent to the Senate in a consultant for the Legal Services pro tempore in the Santa Monica Mu- May 2001. Each of the previous 46 nomi- Corporation in the District of Colum- nicipal Court for over 5 years. Mr. Wal- nees confirmed by the Senate has re- bia, before taking a position as an As- ter has legions of supporters in the ceived the unanimous, bipartisan back- sistant U.S. Attorney of the Criminal legal community, including Customs ing of the committee. Division in Los Angeles. Commissioner Robert Bonner. Some on the other side of the aisle For the next 6 years, he served as The ABA rated Mr. Walter as ‘‘Well- have falsely charged that if a nominee First Assistant Division Chief, super- Qualified,’’ its highest rating. has a record as a conservative Repub- vising other attorneys and managing Before concluding, I want to stress to lican, he will not be considered by the criminal division affairs in the absence the Senate how urgent it is to fill these Committee. That is simply untrue. of the Division Chief. He joined the vacancies in the Central District of Senator HATCH has emphasized that Bryan Cave law firm in 1985, special- California. With six vacancies, the Cen- Mr. Anderson and Mr. Walter were izing in white collar criminal defense tral District has one of the most acute nominated by the George H.W. Bush and aviation litigation, particularly shortages of unfilled judgeships of any Administration and the current Bush products liability. In 1996, Mr. Ander- court in the country. The Administra- Administration. I do not think that ei- son became a partner with the Los An- tive Office of the U.S. Courts has des- ther President Bush thought he was geles firm of Sonnenschein Nath & ignated four of these vacancies as ‘‘ju- nominating liberals to the bench. I do Rosenthal. He focuses his practice on dicial emergencies.’’ With the nomina- not think so either. These are two trial and appellate litigation in the tions of Percy Anderson and Jack Wal- more examples of conservative nomi- areas of commercial matters, intellec- ter, we are taking a much-needed step nees being strongly supported by tual property, products liability, false forward to alleviate the vacancy crisis Democrats on the Judiciary Committee claims, and white collar criminal de- in the Central District. and throughout the Senate. fense work. Mr. Anderson has home In conclusion, I want to thank Sen- Another recent example is the nomi- State support and my support. He will ator LEAHY for his expedited review nation of Jeffrey Howard. Just 2 years make an excellent Federal judge in and fair handling of these nominees. ago, he campaigned for the Republican California. Mr. HATCH. Madam President, I rise nomination for Governor of New Hamp- Mrs. FEINSTEIN. Madam President, to support the nomination of John shire and he has been a prominent fig- it is my pleasure to rise in support of Walter to be U.S. District Judge for the ure in Republican politics in New the nominations of Percy Anderson and Central District of California. It should Hampshire for many years. Thus, it Jack Walter for the District Court of be noted that in 1992 Mr. Walter was would be wrong to claim that we will the Central District of California. nominated to the same position by the not consider President George W. Mr. Anderson and Mr. Walter are the first President Bush, but regrettably, Bush’s nominees with conservative cre- first nominees to come out of Califor- he was not given a hearing by the dentials. We have done so repeatedly. nia’s new bipartisan Judicial Advisory Democratic Senate. Still, as was the The next time Republican critics are Committee, which Senator BOXER and I case 10 years ago, I have every con- bandying around charges that the established with the cooperation and fidence that John Walter will serve

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.116 pfrm12 PsN: S25PT1 S3342 CONGRESSIONAL RECORD — SENATE April 25, 2002 with distinction on the Federal Dis- cle fuel to eliminate the required volume of The PRESIDING OFFICER. The Sen- trict Court for the Central District of renewable fuel for calendar year 2004. ator from Washington. California. After reviewing Mr. Wal- Feinstein amendment No. 3170 (to amend- Mrs. MURRAY. Mr. President, will ter’s distinguished legal career, I have ment No. 2917) to reduce the period of time the Senator from California yield for a in which the Administrator may act on a pe- no doubt that he will be an asset to the tition by one or more States to waive the re- unanimous consent request? Federal bench. newable fuel content requirement. Mrs. BOXER. I will be happy to yield. Mr. Walter’s solid experience in pri- Durbin amendment No. 3342 (to amend- AMENDMENT NO. 3326 TO AMENDMENT NO. 2917 vate practice and government service ment No. 2917) to strike the nonbusiness use Mrs. MURRAY. Mr. President, I ask deserves attention here. Upon gradua- limitation with respect to the credit for the unanimous consent that the pending tion from Loyola University of Los An- installation of certain small wind energy amendment be set aside and amend- geles School of Law in 1969, Mr. Walter systems. ment No. 3326 be called up, and that joined the Los Angeles, CA, firm of Harkin amendment No. 3195 (to amend- ment No. 2917) to direct the Secretary of En- immediately after it is reported, it be Kindel & Anderson as a civil litigation ergy to revise the seasonal energy efficiency laid aside and the Senate resume con- associate. Mr. Walter later served as an ratio standard for central air-conditioners sideration of Senator BOXER’s amend- assistant U.S. Attorney in the Crimi- and central air-conditioning heat pumps ment No. 3311. nal Division’s Fraud and Special pros- within 60 days. The PRESIDING OFFICER. Without ecutions Unit, where he prosecuted nu- Carper amendment No. 3198 (to amendment objection, it is so ordered. The clerk merous Federal criminal cases, includ- No. 2917) to decrease the U.S. dependence on will report. ing the then-largest bank burglary in imported oil by the year 2015. The assistant legislative clerk read the United States. He returned to Reid (for Bingaman) amendment No. 3359 (to amendment No. 2917) to modify the credit as follows: Kindel & Anderson in 1972 and re- for new energy-efficient homes by treating a The Senator from Washington [Mrs. MUR- mained there as a civil litigator until manufactured home which meets the energy RAY], for herself and Ms. CANTWELL, proposes 1976. Since that time, Mr. Walter has star standard as a 30-percent home. an amendment numbered 3326 to amendment been a partner at the Los Angeles firm Reid (for Boxer) amendment No. 3139 (to No. 2917. of Walter, Finestone & Richter. amendment No. 2917) to provide for equal li- Mrs. MURRAY. Mr. President, I ask Mr. Walter exemplifies an attorney ability treatment of vehicle fuels and fuel unanimous consent that the reading of who gives back to the community. As a additives. the amendment be dispensed with. member of the Federal Indigent De- Reid (for Boxer) amendment No. 3311 (to amendment No. 3139) to provide for equal li- The PRESIDING OFFICER. Without fense Panel, Mr. Walter has rep- ability treatment of vehicle fuels and fuel objection, it is so ordered. resented more than 75 indigent defend- additives. The amendment is as follows: ants charged with federal crimes in The PRESIDING OFFICER. The Sen- (Purpose: To modify the specifications for a Federal court and devoted thousands of ator from California. fuel cell power plant eligible for the exten- pro bono hours to these cases. He has sion of the energy tax credit) served as a judge pro tempore in the AMENDMENT NO. 3311 Mrs. BOXER. Mr. President, I under- In Division H. beginning on page 103, line Santa Monica Municipal Court and as 19, strike all through page 104, line 7, and in- an arbitrator for the L.A. Superior stand that under the unanimous con- sert the following: Court Judicial Arbitration Program. sent agreement, I am to call up my ‘‘(i) generates at least 0.5 kilowatt of elec- He provides approximately 75 to 100 amendment No. 3311 at this time. tricity using an electrochemical process, and hours a year in the latter position. The PRESIDING OFFICER. That ‘‘(ii) has an electricity-only generation ef- I am very proud of this nominee, and amendment is already pending. ficiency greater than 30 percent. Mrs. BOXER. Mr. President, I would ‘‘(B) LIMITATION.—In the case of qualified I know he will make a great judge. fuel cell property placed in service during The PRESIDING OFFICER. Under like the clerk to read the amendment, and after that I am going to yield brief- the taxable year, the credit determined the previous order, the motion to re- under paragraph (1) for such year with re- consider is laid upon the table, and the ly, without the time coming off my spect to such property shall not exceed an President will be immediately notified time, to several colleagues who want to amount equal to the lesser of— of the Senate’s action. lay down some amendments; also, that ‘‘(i) 30 percent of the basis of such prop- I would not lose my right to the floor, erty, or f as they will make clear when they ‘‘(ii) $500 for each 0.5 kilowatt of capacity LEGISLATIVE SESSION speak. of such property.’’ The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The Sen- ate will return to legislative session. objection, it is so ordered. The clerk ator from Florida. will report the amendment. Mr. GRAHAM. Mr. President, I ask f The senior assistant bill clerk read as unanimous consent that the pending NATIONAL LABORATORIES PART- follows: amendment be set aside and amend- NERSHIP IMPROVEMENT ACT OF In lieu of the matter proposed to be in- ments Nos. 3370 and 3372 be brought up, 2001—Resumed serted, insert the following: and that immediately after they are re- The PRESIDING OFFICER. The ‘‘(1) IN GENERAL.—Notwithstanding any ported, they be laid aside and the Sen- clerk will report the bill. other provision of federal or state law, a re- ate resume consideration of Senator newable fuel, as defined by this Act, used or The assistant legislative clerk read BOXER’s amendment No. 3311. intended to be used as a motor vehicle fuel, The PRESIDING OFFICER. Is there as follows: or any motor vehicle fuel containing such re- A bill (S. 517) to authorize funding the De- newable fuel, shall be subject to liability objection? partment of Energy to enhance its mission standards no less protective of human The Senator from Alaska. areas through technology transfer and part- health, welfare and the environment than Mr. MURKOWSKI. Mr. President, we nerships for fiscal years 2002 through 2006, any other motor vehicle fuel or fuel additive. have a problem. We are not going to be and for other purposes. ‘‘(2) EFFECTIVE DATE.—This subsection able to finish this bill. We have a num- Pending: shall be effective one day after the enact- ber of Senators in the queue waiting to ment of this Act.’’ Daschle/Bingaman further modified call up their amendments. I am con- amendment No. 2917 in the nature of a sub- Mrs. BOXER. Mr. President, I ask for cerned, and I would like to discuss this stitute. the yeas and nays on my amendment. matter a little further. I suggest the Murkowski/Breaux/Stevens amendment The PRESIDING OFFICER. Is there a absence of a quorum. No. 3132 (to amendment No. 2917) to create sufficient second? The PRESIDING OFFICER. The Sen- jobs for Americans, to reduce dependence on There appears to be a sufficient sec- ator does not have the floor. Does the foreign sources of crude oil and energy, to ond. Senator object? strengthen the economic self-determination The yeas and nays were ordered. Mr. MURKOWSKI. The Senator does of the Inupiat Eskimos, and to promote na- tional security. Mrs. BOXER. Mr. President, now I object. Feinstein amendment No. 3225 (to amend- will be happy to yield, with the under- The PRESIDING OFFICER. Objec- ment No. 2917) to modify the provision relat- standing I will not lose my right to the tion is heard. ing to the renewable content of motor vehi- floor, to several of my colleagues. The Senator from California.

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.060 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3343 Mrs. BOXER. Mr. President, I tell my Mr. REID. It seems what we should we are debating. For the first time in friend, under the UC agreement, I have do is what the Senator from Alaska history, makers of a product are being agreed to yield—and, of course, Sen- suggested. The Senator from California given a waiver of all liability essen- ators have the right to object, but I should speak on her amendment, and in tially, if something in that product agreed to yield next to Senator the meantime, while she is doing that, goes wrong in the future. For anyone CORZINE and then Senator DORGAN, and we will try to work out some process who cares about consumers and com- then I go back to my amendment and for these amendments to go forward. munities, this is a terrible situation we get this done. I wanted to be conge- We are using a lot of time on the bill because we do not know what is going nial to my colleagues because they that this afternoon will be vitally to happen with ethanol. have done that for me in the past. needed. There are important tax meas- Now, I am not in the least bit hostile Mr. KYL. Will the Senator from Cali- ures, as the Senator from Alaska indi- to ethanol. I think it is an exciting fornia yield? cated, that should take a bit of discus- possibility that we can help our farm- Mr. MURKOWSKI. Reserving the sion. There are other matters that may ers and we can have a good additive right to object. I have already objected. not take much time. But the tax mat- that cleans the air. I know it opens up I had understood Senator BOXER was ters, in my brief review of them, are an opportunity, for example, for my going to be next, although previous fairly complicated. rice growers that they can make eth- conversation indicated Senator MUR- That is my suggestion: The Senator anol from rice. So I am not at all hos- RAY was going to be next. We have been from California should go ahead and tile. In fact, most of my friends know, going back and forth, and we want to complete her statement and, in the in the pro-ethanol caucus, as I call continue going back and forth. Senator meantime, we will try to work out the them, that I am the one who led the KYL is prepared to go. way the other amendments can come fight to ban MTBE because it is so My concern is we are going to run forward. damaging to the water supply. out of time, and we want to accommo- Mr. SCHUMER. Will the Senator What concerns me is giving the mak- date Senators, but as we put new Sen- from California yield? ers of this product carte blanche to ators into the queue, we are going to Mrs. BOXER. I will be happy to yield walk away if in the future we find out run into a situation with the finance for a question. there is a problem. aspect of this legislation, on which I Mr. SCHUMER. I wish to speak on When I brought this issue up to the am sure Senator BAUCUS wants a rea- the amendment of the Senator from ethanol folks in the Senate, they said: sonable amount of time. We are going California. I do not want anything to Well, Senator, we are mandating eth- to have to come up with some solution. get in the way of others who wish to anol in this bill and, therefore, if the I want to accommodate my friend speak to that amendment right after Government is mandating ethanol, from Florida. I wonder if he will give her. then we should give them a waiver us a few moments to try to work this Mr. REID. I respond through the from being held accountable if some- out. If I may propose a unanimous con- Chair to the Senator from New York, thing goes wrong. sent request that the Senator from that is my suggestion: We get debate That reasoning is faulty and it is not California may speak on her amend- done on the Boxer amendment. In the borne out by the way we do business in ment now while we try to work this meantime, we have a number of peo- this country. For example, we mandate out. ple—Senator CORZINE and Senator KYL that there be seatbelts in all cars, but Mrs. BOXER. Mr. President, we al- are here—there are a number of people, we do not exempt car companies from ready have a unanimous consent agree- including Senators DORGAN and being held accountable if they make a ment. I think it would be wise of my GRAHAM, who have amendments to defective seatbelt. They are held ac- colleagues just simply not to interrupt offer, and we will try to work our way countable. We mandated seatbelts, but and to have a conversation with the through those. That is my suggestion. they are held accountable for the safe- Senator from Alaska while I begin. The PRESIDING OFFICER. The Sen- Mr. MURKOWSKI. I am concerned ty of the product. ator from California has the floor. We mandated that there be airbags in about the time element involved with Mr. MURKOWSKI. I wonder if the all cars, but we do not exempt car com- each Senator. I understand the Senator Senator will yield for a point. panies from being held accountable if from California wants to speak for Mrs. BOXER. Yes. there is a defective airbag. about an hour. Mr. MURKOWSKI. What we are real- Mrs. BOXER. No, I do not want to We mandated that all ly trying to do is proceed without basi- mammographer machines meet certain speak for about an hour. I want to cally having the exposure of Senators argue this, and I have 50 minutes re- safety standards. Even though we had a yielding to other Senators to offer mandate that they meet certain stand- maining on my time. Other Senators amendments as opposed to other Sen- want to speak, if they come. I am not ards in terms of the radiation that can ators wanting to speak on behalf of an leak from them, we did not say they interested in stalling. amendment offered. I think Senator The PRESIDING OFFICER. Does the cannot be held accountable. BINGAMAN will agree that is all we are Senator from California yield to the In the 1990 Clean Air Act, we man- trying to do. Senator from Florida? dated that either MTBE or ethanol be Mrs. BOXER. I am delighted to yield The PRESIDING OFFICER. The Sen- used in gasoline, but neither was let off to my friend, assuming we go right ator from California. the hook for any damage they caused. Mrs. BOXER. Mr. President, this has back to this amendment as we origi- So the first argument that the Gov- been an interesting beginning to my nally intended in our UC agreement; is ernment is mandating this so there amendment. I am looking forward to that correct, that is what will happen should be no liability for the people getting to it, which I am going to do under the UC agreement? who make ethanol does not hold up. The PRESIDING OFFICER. Under right now. I want to clarify that the The second time I came back and the unanimous consent agreement, the time that was used did not come off my made the argument, I was told: In the Senator from California was to yield to 51 minutes, which is what I said in my bill, the Government will pick up all several Senators without losing her UC request when I began: That none of costs if there is a problem. right to the floor. the time would come off the time I So I said, that is interesting. So my Mrs. BOXER. Mr. President, I yield have. wonderful staff went back and read to my friend from Florida or my friend The PRESIDING OFFICER. That was every page of the bill. They could not from Nevada, whomever. not the Chair’s understanding. But find anyplace in the bill where the Gov- Mr. REID. Will the Senator yield to without objection, it is so ordered. ernment picks up the tab. So they me without losing her right to the Mrs. BOXER. I thank the Chair. I did spoke to everyone they could and said, floor? say it, but it may have been lost in the well, did we miss something? There is Mrs. BOXER. I will be happy to yield shuffle. nothing in the bill that says the liabil- without losing my right to the floor. AMENDMENT NO. 3311 ity will be shifted from the people who The PRESIDING OFFICER. The Sen- Mrs. BOXER. Mr. President, there is make the product to the Federal Gov- ator from Nevada. an extraordinary thing about the bill ernment.

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.007 pfrm12 PsN: S25PT1 S3344 CONGRESSIONAL RECORD — SENATE April 25, 2002 I have scratched my head and said, is an inch on it—if you are 100-percent ducers, the farmers—do not like this. there any precedent at all? I thought, convinced that it is safe. Frankly, they do not like the liability maybe the Price-Anderson Act, which As the Washington Post points out in waiver. I believe it is the oil companies by the way I have never supported—the its April 16 editorial, the safe harbor li- that came to the table that were fight- bottom line is it says if there is an ac- ability protection is ‘‘hardly a sign of ing for this. cident in a nuclear powerplant, the confidence in ethanol’s environmental I am pleased the Senator is a cospon- taxpayers will pick up the tab. But merits.’’ We cannot have it both ways. sor. I ask unanimous consent that JOHN even there the nuclear powerplants One cannot stand up and say this is KERRY be added as a cosponsor. have to pay an insurance premium over safe and then fight to protect their The PRESIDING OFFICER. Without to the Federal Government so at least product. Consumers should be out- objection, it is so ordered. they are paying part of the tab if, God raged, and that is why we have every Mrs. BOXER. We have been hit with forbid, there should be an accident at a consumer group that I know of sup- several myths. Another myth is ETBE nuclear powerplant. porting this amendment. That is why is not included in the safe harbor. We There is no premium being paid by we have every environmental group are glad it isn’t. ETBE is only one form the people who make ethanol. So that that I know of supporting this amend- of ethanol and not the most prominent is the second place where this myth is ment. form. Most ethanol will be exempted exploded. There is nothing in the bill Mr. DURBIN. Will the Senator yield and will have this safe harbor. that says the Government will pick up for a question? I state for the record who supports the tab. Mrs. BOXER. If it comes off the time this Boxer-Feinstein-Durbin-Kerry- There is a third myth. They say we of the Senator. I have very little time. Schumer amendment: the National Re- are only providing a safe harbor from Mr. DURBIN. I did not know I had sources Defense Council, the Sierra one type of lawsuit: defective products. time. Club, the U.S. Public Interest Research So I went to my lawyerly staff, and I Mrs. BOXER. Yes, the Senator has an Group, the League of Conservation said: They are saying no problem, they hour under cloture. Every Senator Voters, Consumer Federation of Amer- are only exempting these companies does. If the Senator takes it on his ica, Consumers Union, the American from a very narrow provision of law. time, that is fine. Lung Association, Earthjustice, Well, the defective product argument Mr. DURBIN. I ask unanimous con- Friends of the Earth, Physicians for is the only one that will hold up in sent that time for the colloquy in Social Responsibility, the American court. It is the one that people are which I am about to engage be taken Water Works Association, the Associa- using as they seek to get damages for from the appropriate time. tion of Metropolitan Water Agencies, MTBE. So very cleverly, the way this The PRESIDING OFFICER. Without the Association of California Water bill is crafted, I assure everyone, by the objection, it is so ordered. Agencies, and the South Tahoe Public attorneys for the oil companies—I can Mr. DURBIN. May I say to the Sen- Utility District. assure everyone that—it is crafted in a ator from California—and she knows It is true that even the groups that way so the liability is waived in a way this very well—I come from the heart support the ethanol mandate agree so people can never be held account- of ethanol country. I have been sup- with our amendment on liability—for able. portive of the ethanol program example, the American Lung Associa- Why is this so important? Because if throughout my congressional career. tion and the Blue Water Network. Even one looks back at what happened with At times I have been chairman of the among the supporters of ethanol—such MTBE, they see the argument that did alcohol fuels caucus in both the House as Senator DURBIN and Senator DAY- carry weight was the defective product and the Senate. I believe ethanol has TON—supporters have no qualms about argument. been proven over and over again to be going forward with this amendment. Why is it important to everyone? Be- a safe fuel. It is simply alcohol. It does They realize the double standard is cause in the beginning everyone not have the carcinogenic and dan- wrong. thought MTBE was safe, and now even gerous qualities of MTBE and other When Senator FEINSTEIN began the though the people who want to support chemicals. We have used it successfully debate on why California is leery of this mandate are saying the product is in the State of Illinois for years. About this mandate, she made several points. safe, there are studies in the bill to a third of our gasoline supply is blend- One dealt with the issue of price. find out if it is really safe. We do not ed with ethanol and is used safely. Again, we were told over and over know. So I say to the Senator from Cali- again, the Department of Energy says, Senator FEINSTEIN, who I see in the fornia, speaking only for myself, I ac- yes, there will be a 9-cent increase per Chamber, has gone into this matter in cept her challenge. I believe we can es- gallon in certain places and 7 else- great detail. We do not know what can tablish across the Nation that ethanol where. That was wrong; it would only happen. What we do know is it cleans is a safe fuel, not only safe for those be a penny. the air but it makes smog worse. We who would handle it and those who Senator FEINSTEIN made the point we know that but we really do not know would use it in their cars but safe for have had some bad experiences with what is going to occur when the com- our environment. collusion in the area of our electricity. ponents break down. I see no reason for us to put language If there are only four or five people The city of Santa Monica had to sue in this bill creating any kind of exemp- who make the product, we could have because they paid over $200 million to tion from liability for ethanol or re- problems. try to clean up the damage from newables fuels. Yesterday there was a San Francisco MTBE. We hope they will be able to re- The Senator from California has sug- Chronicle article: ‘‘Memos show pos- cover because they sued under this de- gested our fuels be held to the same sible ethanol price-fixing.’’ I ask unani- fective product provision. standards as every other fuel in Amer- mous consent this article be printed in Myth four: Ethanol is safe; no need ica in terms of public health and safe- the RECORD. There being no objection, the article to worry about liability. I was not born ty. I completely endorse that approach. was ordered to be printed in the yesterday, as everyone can tell, and if I would like to be shown as a cosponsor RECORD, as follows: there is no need to worry about liabil- to the Senator’s amendment. ity then why have the waiver for liabil- The PRESIDING OFFICER. Without [From the San Francisco Chronicle, Apr. 24, 2002] ity? It does not make sense. Obviously, objection, it is so ordered. somebody is worried about it. The oil Mr. DURBIN. I yield the floor. MEMOS SHOW POSSIBLE ETHANOL PRICE- FIXING companies are worried about it, I can Mrs. BOXER. I thank my friend. Sen- (By Zachary Coile, Chronicle Washington say that. One does not give a special AYTON ator D was here yesterday, from Bureau) exemption from liability—and one does ethanol country, supporting this WASHINGTON, Apr. 24.—The Senate backed not work to get it in the bill and, by amendment. I think it takes guts to do a plan yesterday to triple the amount of eth- the way, fight for it, because I have it, but the Senator is right. anol in gasoline, which opponents argued tried to get some agreement on it and The people we have been meeting will lead to more expensive prices at the the oil companies do not want to give with from the Corn Belt—the pro- pumps for Californians.

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.009 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3345 As lawmakers on both sides of the Capitol ducer, ED & F Man Alcohols, to jointly bid mental unknowns of ethanol. That was debated the ethanol requirement, a Sac- on fuel from France. somewhat contested. She is absolutely ramento congressman who opposes the plan ‘‘Therefore (ED & F) Man will be bidding right. revealed possible price manipulation among on the 75,000 hl out of France at a price of I ask the Senator if she knew about ethanol producers. 5.02,’’ the memo read. ‘‘I would suggest that Rep. Doug Ose, the Republican chairman of ADM underbid at a price of 4.85. This will the EPA blue-ribbon panel on the energy subcommittee of the House Gov- serve as a safety net in the event Man’s bid oxygenates which found ‘‘ethanol may ernment Reform Committee, released inter- is rejected for any reason.’’ retard biodegradation and increase nal memorandums from ethanol suppliers at ADM officials could not be reached for movement of benzene and other hydro- a hearing about a proposal to ban MTBE as comment. Messages left at the offices of the carbons around leaking tanks’’? a gasoline additive and require three times Orange County companies yesterday after- Mrs. BOXER. I say to my colleague as much ethanol, a corn-based additive. The noon were not returned. and friend and partner in this effort, proposal is part of the energy bill scheduled The release of the memos was part of a we are aware of it. I am glad the issue for a Senate vote tomorrow. last-ditch attempt by ethanol opponents to has been raised. This has been an edu- ‘‘These memos show a disturbing trend of derail the plan to phase out MTBE as a gaso- potential market manipulation by ethanol line additive and triple the use of ethanol by cation for everyone as we looked into producers,’’ Ose said. 2012. the study. The underlying bill does a William Kovacic, the general counsel for California and a dozen other states have study on the safety of ethanol, which is the Federal Trade Commission and a witness moved to ban MTBE, which has been impli- an admission that they don’t know. at Ose’s hearing, said the full commission cated in groundwater contamination. Gov. Therefore, to have a study in the bill, could initiate an investigation of the ethanol Gray Davis last month delayed the state’s and yet at the same time, before we suppliers. MTBE ban by a year, to Jan. 1, 2004; after a have the facts from the study, waive Kovacic said that he could not tell whether report by the California Energy Commission the documents were evidence of possible in- said replacing MTBE with ethanol could cut this liability is terrible for consumers dustry collusion but that the memos were the state’s gas supply by 5 to 10 percent and and States. ‘‘not simply provocative, but perhaps alarm- drive up prices to $2 to $3 a gallon. I am happy the Senator asked the ing as well.’’ Mrs. BOXER. Essentially, it shows question and I continue to yield. ‘‘Direct communications between rivals Mrs. FEINSTEIN. I wonder if the Congressman OSE from California got that suggest such behavior are a matter of Senator from California heard that a ahold of memos that show, if you are keen concern to the enforcement commu- report by the State of California enti- doubtful, they are already talking nity,’’ Kovacic said, adding that he would tled ‘‘Health and Environmental As- about how they will get the highest alert antitrust investigators at the Justice sessment of the Use of Ethanol as a Department. price possible for this product. A spokesman for the Renewable Fuels As- I add that because it is important Fuel Oxygenate’’ points out there are sociation, the ethanol industry’s trade asso- that when we voted on some of the valid questions about the impact of ciation, said his group had not seen any of other ethanol issues, everyone said: ethanol on ground and surface water. the document and could not comment on Don’t listen to the people from Cali- The report points that there will be a Ose’s allegations. fornia. 20-percent increase in public drinking ‘‘I am very suspect of the timing and moti- water wells contaminated with benzene vation of this charge,’’ Bob Dinneen, the Now it is time to listen to us. We have been through some troubles in our if a significant amount of ethanol is group’s president, said in a statement. ‘‘Con- used. Of course, benzene is a known gressman Ose called today’s hearing at the State because there wasn’t trans- request of the MTBE industry, and no one parency; there was manipulation of carcinogen. from the ethanol industry was called to tes- supply and electricity. We don’t want What is interesting in the study, it tify. It strikes me as more than a coinci- to see that happen to any other State. points out that ethanol causes the dence that Mr. Ose raised this issue at the We don’t want to see it happen to gaso- components of gasoline to break apart eleventh-hour on the day the Senate is de- line. and therefore more easily seep into bating the renewable fuels standard.’’ ground water from leaking tanks. We The release of the documents came on a When the people who objected to points made by Senator FEINSTEIN and all know gasoline leaks. It is saying it day of often bitter debate that split the Sen- aids in the release of benzene, a compo- ate along regional lines, pitting Midwestern Senator SCHUMER, saying they were lawmakers who support the ethanol require- wrong, there would be no problem, this nent of gasoline. I wonder if the junior Senator from ment against senators from California and article shows possible ethanol price fix- California heard of that California re- New York, who strongly oppose it. ing. The Senate last night defeated, by a 68-to- This is just the beginning. I don’t port. Mrs. BOXER. I say to my senior Sen- 31 vote, an amendment by Sen. Charles Schu- want to see, in 2 years, communities in mer, D-N.Y., that would have stripped the ator, I have. In addition to the benzene, trouble because it turned out ethanol ethanol requirement from the energy bill. I make the point there are other dan- was not as safe as they said and we had Earlier in the day, California Sen. Dianne gerous areas—not only benzene but problems in our communities and there Feinstein temporarily delayed the bill until ethyl benzene, toluene, xylene. We be- senators could debate proposals to alter the is no way to recuperate from the manu- lieve ethanol may inhibit the break- ethanol requirement. facturers of ethanol. Feinstein, a Democrat, said the require- I diverted into the issue of possible down of these toxic materials. Yes, we have a blue-ribbon panel, the ment could sharply raise gas prices for Cali- price fixing; I hope people listen. I am State. That is why I think we are dis- fornia consumers because much of the eth- not here because I am hostile to eth- anol will have to be transported by rail from turbed at the liability waiver. the Midwest, where 98 percent of ethanol anol. I would like to see it move a lit- I say to my friend, it is incredible be- plants are located. tle slower. I want to see the health cause everyone said MTBE was wonder- In releasing the memos, Ose said the docu- studies. I am not hostile to using eth- ful, too. ments appear to show a pattern by ethanol anol. We are going to use it in a lot of Now we have more warning about suppliers to discuss what prices they in- our gasoline. It may turn out to be the ethanol than we had about MTBE, and tended to bid for supplies before ethanol auc- panacea. We don’t know. I am saying: they put in a liability waiver. tions took place—with the goal of assuring Be cautious and do not give anyone a that suppliers got the prices they wanted. I am encouraged that Senator DUR- In one of the memos, an executive at an blanket waiver of liability from the BIN, for example, and Senator DAY- Orange County ethanol supplier, Western one area of the law—defective prod- TON—from ethanol country—are with Ethanol Co., wrote to a competitor in Costa uct—that people may have at their dis- us on this issue. It means a great deal. Rica on Sept. 29, 2000: ‘‘I expect that the win- posal. Mr. SCHUMER. Will the Senator ning bid for the 25 percent volume will be I ask my colleague, does she want me yield for a question? somewhere in the upper $1.30’s to low $1.40’s. to yield for questions? Mrs. BOXER. I am happy to yield for We are prepared to stop bidding should the Mrs. FEINSTEIN. I very much appre- a question. price drop below $1.38 per gallon.’’ ciate the Senator from California mak- Mr. SCHUMER. I am sorry I could In another memo, an executive at another ing that offer. I would like to add to Orange County company, Regent Inter- not be here at the beginning of the de- national, wrote to an official at Archer Dan- what the Senator has said. I am firmly bate, but I have a couple of questions. iels Midland, the nation’s largest ethanol in support of the Senator’s amend- Just let me get this straight. producer, on Nov. 20, 1995, to discuss a pro- ment. I ask this question. She made We are banning MTBEs because we posed deal with a London-based ethanol pro- the case about the health and environ- know they are harmful—in this bill.

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.005 pfrm12 PsN: S25PT1 S3346 CONGRESSIONAL RECORD — SENATE April 25, 2002 Some of our States have done it al- Mrs. BOXER. That is correct. As a surprised we got as many as 31 votes, ready. And we are forcing States that matter of fact, the first time I raised given the power of the ethanol lobby. may not use ethanol to buy ethanol, it, some of my friends from the ethanol But now we are looking at one piece of which will raise gas prices and cut the areas said there was a Government it, perhaps one of the most egregious amount that goes into the trust fund. backstop in the bill. So I went back. pieces of it, and asking people just to At the same time, we are saying: But, We searched the bill, page after page, knock out that part. if your soil is polluted—and we have a and could not find it. big problem in New York because on We called the people who put to- Mrs. BOXER. I agree. Long Island we have one aquifer, one gether the compromise. As you know, Mr. SCHUMER. Have you seen any- place where all the drinking water oc- the Senators from California and New thing of such an amalgam this way, curs and the MTBEs are sinking in—if York were not in that group when that hits you right, hits you left, hits your soil is polluted and even if it was there was a compromise. No one has you center? done knowingly, that you cannot sue come up with anything that shows us the polluter? Is that what we are say- there is anything in the bill. Mrs. BOXER. It is an amazing situa- ing here? The bottom line is that a city such as tion for those of us on the east coast or Mrs. BOXER. Yes, this is exactly Santa Monica—and you could pick out the west coast. We know we are out- what the liability safeguard provision your cities—that had a horrible prob- numbered here. But as my colleague does. I repeat, the corn people to whom lem with MTBE is currently suing to from California has told me many we have spoken really do not like this recover $200 million from the oil com- times, we must make the case and the particularly. They are unhappy with it. panies. If that was not allowed, the record on this, because I can tell you But the oil companies are pushing for consumers, our taxpayers, have to pick right now, after living through the cri- it. up the tab. This is the classic case of, sis we lived through in electricity, It seems to me, when you hear that in my view, turning away from ‘‘pol- where we saw what happens when a Senator DURBIN and Senator DAYTON, luter pays’’ and going to ‘‘taxpayer supply is manipulated—the story in to- from corn-growing places, support us, pays.’’ day’s San Francisco Chronicle says: that is hopeful. But my friend is right. If ethanol is so safe, then I would We are banning MTBE because it is say: Why do they have a study on safe- These memos show a disturbing trend of harmful. We do not really know the ty in the bill? Why are they seeking potential market manipulation by ethanol end result of ethanol. And before we this waiver? And why are they ignoring producers. . . . even know the end result, we are the two studies my friend from Cali- And the ink hasn’t dried on this bill waiving liability. He is correct. fornia, Senator FEINSTEIN, is going to as it becomes law. Mr. SCHUMER. I know the Senator have printed in the RECORD, the blue- has been a leader and expert in these ribbon committee from EPA, and the Did you say a witch’s brew? Is that issues of suits and liability, far more State study, that show there is really a what you said? than I have. How often have we done problem? Mr. SCHUMER. I can’t remember. I this? How often have we taken some Mr. SCHUMER. Just another ques- think I said an evil brew. substances that we know are dangerous tion: So when the Senator is saying already, some substances that might be ‘‘taxpayers pay,’’ in this case it is not Mrs. BOXER. If you look at the com- dangerous, and put in a whole safe har- even the Federal taxpayer—which we ponents of ethanol—and we all hope bor so you cannot sue no matter what do in other areas—it would be the local and pray the health studies in the bill happens? Have we done this for other property taxpayer who would be left come out that it is terrific and there is substances? holding the bag? no problem—just look at what ethanol Mrs. BOXER. I say to my friend, this Mrs. BOXER. It will be the biggest does to another witch’s brew. It may is a precedent-setting waiver. Even in unfunded mandate. Not only are they spread blooms of benzene, toluene, the case of the Price-Anderson Act mandating ethanol, and at a very fast ethyl benzene, and xylene because eth- where we waived liability for the nu- pace—and it is very hard for us to be anol may inhibit the breakdown of clear power industry, they must pay a able to accept that much—but they are these toxic materials. premium into a fund, so they are on also saying: Local communities, you Mr. SCHUMER. Just to clarify, what the hook for billions of dollars. This are on your own. has never been done. I say further to Mr. SCHUMER. It seems to me—and is in the bill doesn’t just apply to eth- my friend, when we talk to some of my I wonder about the Senator’s com- anol and its potential dangers but to ethanol-supporting friends, they say: ments as to this—this is like piling on. some things that we know are dan- But the Government is mandating this, First you mandate ethanol and raise gerous such as MTBEs, such as ben- so therefore they should waive liabil- the gasoline prices in New York, Cali- zene, and other things. Is that fair to ity. We mandate seatbelts, but if there fornia, and so many other parts of the say? is a defective seatbelt, a person can country. We can dispute how much. We Mrs. BOXER. The safe harbor does sue; airbags, mammograms—you could think a modest estimate is 4 cents to 10 not apply to MTBE. go through the list. This is precedent cents, depending on the State. Then we setting, and it is terrible law. cut money from the trust fund, so you Mr. SCHUMER. It does not? Just to Mr. SCHUMER. If I might ask a ques- are getting a gas tax but not the the ethanol? tion or two more? money to build the roads. And now we Mrs. BOXER. It is just ethanol minus So we are saying the Government is are saying pollution—where it is ETBE, which as I understand it is mandating it, but we are not putting in caused by ethanol, we don’t know it; about 2 percent—a very small percent- any Government backstop? but things we know are poisonous and age of the ethanol. Those are the only Mrs. BOXER. We are not. polluting are exempt from any lawsuit two. Mr. SCHUMER. If you are a small at all. It seems to me that is just piling community and you have a couple of on. I have never seen anything like it. There is another point I want to schools in your community and your I ask my friend from California, has make to my friend. ground water is polluted, costing you she? She has more experience in these I ask unanimous consent to have millions of dollars—and that means the areas than do I. Have you seen any- printed in the RECORD this letter from property taxes have to go way up—and thing that has such an amalgam? It is the Association of California Water you know some oil company or refiner, almost like an evil brew. They put in Agencies, American Water Works Asso- or whatever, polluted that soil know- all these bad ingredients and sneak ciation, and the Association of Metro- ingly, and the MTBEs leaked in, you them in the bill. politan Water Agencies. have no recourse against the company I appreciate very much the leader- and there is no Government backstop ship of the Senator from California, There being no objection, the letter as in Price-Anderson, so the local tax- standing up to this provision. We tried was ordered to be printed in the payers would be stuck; is that correct? to knock out the whole thing. I was RECORD, as follows:

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.014 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3347 ASSOCIATION OF CALIFORNIA WATER But the point is these water agencies out that this blue-ribbon panel and the AGENCIES, AMERICAN WATER have had to deal with the real problems scientist who Senator FEINSTEIN WORKS ASSOCIATION, ASSOCIATION of MTBE. Mr. President, 120 million quoted proves to be correct. OF METROPOLITAN WATER AGEN- people are served by these water agen- We already know that ethanol makes CIES, April 16, 2002. cies. the air cleaner, but it makes smog Re: Energy Policy Act of 2002: MTBE and Mrs. FEINSTEIN. Will my colleague worse. We know these things. What we Ethanol provisions yield? don’t know is the long-range impact of Hon. TOM DASCHLE, Mrs. BOXER. I am happy to yield. what happens when we use it in the U.S. Senate, Senate Hart Office Building, Mrs. FEINSTEIN. I thank Senator types of quantities in which we want to Washington, DC. BOXER for her support and leadership use it. DEAR SENATOR DASCHLE: The Association on this issue, as Senator SCHUMER said. Mr. President, how much time do we of California Water Agencies (ACWA), Amer- One of the things that has struck me is have on our side? ican Water Works Association (AWWA) and the belief that there is no harm from The PRESIDING OFFICER (Mr. CAR- the Association of Metropolitan Water Agen- ethanol when in fact studies on this PER). Seventeen minutes. cies (AMWA) strongly support language in issue have not been done to a great ex- Mr. MURKOWSKI. Mr. President, the current Energy Policy Act of 2002 to end the use of methyl tertiary butyl ether tent. will the Senator yield for a very short (MTBE) and expedite states’ requests for I would ask the Senator if she has question? waivers from the Clean Air Act’s oxygenate comments about yesterday’s hearing Mrs. BOXER. On your time. I want to requirement. The phase-out will protect in- on the House side. Yesterday, Professor reserve my time. creasingly scarce water supplies from addi- Gordon Rauser of the University of Mr. MURKOWSKI. My question has tional contamination by MTBE, which was California commented on the potential to do with the terminology ‘‘Big Oil’’ blended into gas without regulators’ consid- harm of ethanol on ground water. This and the responsibility for ethanol. The eration of its impact on groundwater. was before a House committee. Senator from Alaska understands that Unfortunately, however, the energy bill would also require that states use a new fuel He said that research now strongly Big Oil does not make ethanol. additive, ethanol, in even greater quantities suggests that the presence of ethanol Mrs. BOXER. We understand that the than were required for MTBE. Replacing in gasoline not only delays its degrada- oil companies are at the table with the MTBE with ethanol runs the serious risk of tion of benzene but also lengthens the ethanol people. They manufacture repeating costly environmental mistakes, benzene plumes which run out by be- products. So everyone is at the table once again without evidence of the benefits tween 25 and 100 percent. with the oil companies. for clean air or the risks to human health. A I think it is very important that the Mr. MURKOWSKI. I will leave the 1999 study by the University of California RECORD shows there is scientific evi- question out there. It is not my under- concluded that the state could meet its clean air, goals without oxygenated fuel, a point dence that benzene plumes can go up as standing that Big Oil makes ethanol. corroborated by the U.S. EPA’s Blue Ribbon much as 100 percent and travel 100 per- Mrs. BOXER. They blend it into the Panel in July 1999. Putting ethanol in gaso- cent more in distance because of eth- oil. We understand that. line, at any levels would almost certainly re- anol. Mr. MURKOWSKI. They blend it be- sult in higher prices at the pump and new in- That suggests ethanol may not be as cause it is mandated. stances of possible water contamination. safe as its proponents would have you Mrs. BOXER. Right now it is not The problems don’t end there. The ethanol believe. mandated. We will wait and see what provision features language creating a ‘‘re- Mrs. BOXER. Yes. That is exactly the happens. newable fuels safe harbor’’ that gives prod- point of the blue-ribbon panel of the But my argument is, if this bill be- uct liability protection to ethanol market- ers. This is especially troubling in view of EPA. That is exactly what MTBE does comes law, I don’t want to see the oil the real possibility that it will have its own as well. companies—the makers of ethanol—get environmental problems. We are dealing with the potential off the hook if there is a problem. It Members of the above organizations supply that we could really have problems. No would be unprecedented. It would be safe drinking water to more than 200 million one hopes more than I do that in the the first time in American history that people in North America. We recognize the end it is all going to be safe; that it would happen. And it would be com- need for the U.S. to invest in renewable fuel would be a winner. But we cannot ing at a time when we know that all sources, and are cognizant of the benefits stand here and say that. the environmental and health ques- they offer. But ethanol doesn’t need a federal mandate to help meet U.S. energy needs. If we don’t learn from history, we are tions have not been answered. Your fellow Senators have spoken at length doomed to repeat it. We went through Before some of my colleagues ar- on this provision creating market volatility the electricity crisis. We know what rived, I went through all of the myths and price spikes for the benefit of a few eth- happens when supply is manipulated. that I have been told relating to my anol producing states, and our organizations Unfortunately, what my friend said case. To try to say we are just man- support efforts by Senators Feinstein and on the floor may become true. Manipu- dating it, and we must, therefore, Boxer to amend the bill. lation is already being discussed on waive liability—we don’t do that to Senator Daschle, water agencies sincerely what to charge for ethanol. automobile manufacturers with seat- appreciate the language phasing-out MTBE in S. 517. But the bill’s call for renewable We lived through the MTBE tragedy. belts, airbags, or anything else. fuels must not be pitted against the safety of I was one of the leaders; I had the first That is why I am very proud to have drinking water. We oppose the ethanol man- bill to ban MTBE. In fact, a long time Senator DURBIN’s support and Senator date and safe harbor language in the bill, and ago we got over 56 votes to ban MTBE. DAYTON’s support because these Sen- we urge instead your support for waivers No one can say I have been reluctant ators come from ethanol States. They from the Clean Air’s outdated oxygenate re- to do that. As I said, I am not hostile understand that if they have this waiv- quirement. to ethanol; I am very open to it, but at er in this bill, it clouds this whole Thank you for your consideration, and the same time we need to know what issue. If anyone says to you they have please contact our offices if we may provide further information. we are doing here. We need to be care- the safest product in the world and ful about the amount we are man- they want a liability waiver, what does Mrs. BOXER. Here is what it says. It dating so it isn’t overwhelming but that mean? It means in their hearts is a letter addressed to Senator also difficult for people to charge exor- that they are not so sure. Again, any- DASCHLE. bitant rates. We have to be careful that one who wasn’t born yesterday knows Senator Daschle, water agencies sincerely there are not a few suppliers and there that is not a good thing to do. appreciate the language phasing-out MTBE is price manipulation. We have to be I reserve the remainder of my time— that is in the bill. But the bill’s call for re- newable fuels must not be pitted against the careful with that. We have to be care- probably 15 minutes. safety of drinking water. We oppose the eth- ful that we have the infrastructure we The PRESIDING OFFICER. The as- anol mandate and safe harbor language in need to bring in the ethanol. We must sistant majority leader. the bill, and we urge instead your support for be careful so we are not giving a waiver Mr. REID. Thank you, Mr. President. waivers from the Clean Air Act’s outdated of liability to the oil companies and We would like to schedule a vote in the oxygenate requirement. give them safe harbor so they will not next hour or so on the amendments of That is of course the larger picture. be held responsible, if, in fact, it turns the Senators from California. It is my

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.015 pfrm12 PsN: S25PT1 S3348 CONGRESSIONAL RECORD — SENATE April 25, 2002 understanding that on the Boxer The PRESIDING OFFICER. Is there State—has been damaged because of amendment, Senator GRASSLEY wishes objection to the unanimous consent re- this product, MTBE. If you drink to speak for 5 minutes and Senator quest? MTBE, it will kill you. If you drink HAGEL for 10 minutes. I will use a cou- Without objection, it is so ordered. ethanol, it will not. ple of minutes. Mr. REID. And the vote would occur For the future—and this legislation We have to move this along. How at 12:30, with no second-degree amend- is prospective—if there is any violation much longer does the Senator from ments prior to that time being in of the Clean Water Act, the Clean Air California wish to speak? order. Act, if there is any violation by any Mrs. BOXER. If I could just close in The PRESIDING OFFICER. Is there product, the Environmental Protection 5 minutes. objection? Agency has the power to make that de- Mr. REID. Mr. President, on this Without objection, it is so ordered. termination. If that determination is amendment, the Boxer amendment, I The deputy majority leader. made, then there is not a safe harbor ask unanimous consent that I be recog- Mr. REID. Mr. President, the major- under this legislation. So I think, as nized for 5 minutes to speak in opposi- ity leader is in the most important ag- the distinguished Democratic whip has tion to the amendment, that Senator ricultural conference, which sup- stated, there is ample opportunity for BOXER close with 5 minutes, that Sen- posedly—I have heard this before—is in redress in this legislation. ator GRASSLEY be recognized for 5 min- its waning minutes, and he can’t be in I also point out another utes in opposition to the amendment, the Chamber. He is one of four Demo- misstatement from the other side: that and that Senator HAGEL be recognized cratic conferees. So he has asked me to somehow you are not going to be able to speak for 10 minutes in opposition to speak on his behalf relating to the to hold big oil companies responsible this. Boxer amendment. involving anything to do with ethanol. I also ask unanimous consent that, First, Mr. President, the chart I have You do not have to worry about hold- upon completion of debate on the shows the amount of cases that the ing them responsible anyway. The big Boxer amendment, sometime prior to Senator from California is talking oil companies are not producing eth- 12:30 today, I be recognized to offer a about. Of all the cases we have in our anol. motion to table on behalf of the major- court system, the defective product li- Then, I remind the junior Senator ity leader. ability cases amount to .002 percent. from California, as I have said, I think Mrs. BOXER. Mr. President, reserv- On behalf of the majority leader, I indi- on two other occasions during this de- ing the right to object for one moment, cate that this is a very small number bate over the last week, that we were proud of her and willing to work with I didn’t realize the Senator from Ne- of cases, and it relates to this bill. It is her on a resolution in 1999 that she au- vada was speaking against my amend- my understanding that the language in thored, to declare MTBE as something ment. Therefore, because of his elo- this bill certainly gives the proper op- that should be outlawed, and that the quence, I ask that I be able to speak for portunity for people to go forward in reason it should be outlawed is the 8 minutes instead of 5 minutes. litigation. Clean Air Act requirements could be The PRESIDING OFFICER. Does the What the amendment of the Senator met because the oxygenate require- Senator modify his request? from California could be construed to ments of that act could be fulfilled be- Mr. REID. That would be fine. be is, in effect, giving strict liability, meaning that you do not have to prove cause of the availability of ethanol. The PRESIDING OFFICER. Is there Well, it is the same ethanol in the objection? Without objection, it is so any negligence. The majority leader has indicated that this simply is not year 2002 as we were mixing with gaso- ordered. line in 1999, or for the last 20 years, as fair, that there is no reason to have Mr. REID. Mr. President, how much far as that is concerned. The Senator strict liability in this instance when time does the Senator from California from California, at that particular there are so few cases in our judicial need on her very important amend- time, was giving accolades to ethanol system where strict liability is al- ment? as a substitute for MTBE. Mrs. FEINSTEIN. One-half hour. lowed. So the majority leader has Then, lastly, since I am a Repub- Mr. REID. We will arrange a vote, asked me to indicate that this amend- lican, I might be suspect from the and I assume a few Members will wish ment should be opposed by all Sen- other side of the aisle, but about 6, 7 ators. to speak in opposition to the amend- years ago, Senator HARKIN, my col- ment. I don’t have the amount of time The PRESIDING OFFICER. The Sen- league from Iowa, had a hearing on figured out. ator from Iowa. ethanol versus MTBE in relation to its Mr. GRASSLEY. Mr. President, I had If the Senator from California would safety, its use, et cetera, and Senator the good fortune of listening to the ex- agree to 25 minutes, and 15 minutes in HARKIN gave a demonstration for all of change between the junior Senator opposition—— the Senate that was involved in that from California and the senior Senator Mrs. FEINSTEIN. I agree to that. committee. Mr. REID. Mr. President, I ask unan- from New York. The senior Senator He had a small glass of ethanol, and imous consent that on the Feinstein from New York is not in the Chamber he drank it. You can talk all you want amendment No. 3225—— now. But I would like to point out that about the dangers of ethanol, but Sen- there is a lack of understanding of this Mrs. FEINSTEIN. The 1 year. ator HARKIN is very much alive and Mr. REID. Yes. We would have a vote legislation, particularly as it relates to well, years after he took that small first on the Boxer amendment and sec- that exchange they had over whether amount of ethanol. He also had some ond on the Feinstein amendment at or not you can sue with regard to MTBE there with the skull and cross- 12:30, with the times I have mentioned. MTBE. bones on the can that said how poi- I ask unanimous consent that be the For all the pollution we have had sonous it was. So I think we need to order, and that both votes be on or in from that product, there is nothing in get the facts straight before this Sen- relation to the amendments. this legislation that is going to restrict ate. The PRESIDING OFFICER. Will the any lawsuits in regard to MTBE. So Again, the exchange that went on a Senator please restate the request with when there was an implication that if few minutes ago from the senior Sen- respect to the Feinstein amendment. we did not adopt the amendment before ator from New York to the junior Sen- Mr. REID. I am sorry, I cannot hear us, that people who have been harmed ator from California was misleading in the Chair. would not be able to seek legal redress, relation to people not having legal re- The PRESIDING OFFICER. Will the that is totally false. It is misleading if dress in this law against damage from Senator please restate the debate time anybody says that for MTBE, and dam- MTBE. with respect to the Feinstein amend- age done from it, there cannot be legal I yield the floor. ment. redress. The PRESIDING OFFICER. The Sen- Mr. REID. Yes. Senator FEINSTEIN It is very important we make that ator has used his 5 minutes. would have 25 minutes to speak on her clear because the water of California, The Senator from Nebraska. amendment, and the opposition would the water of New York, and other Mr. HAGEL. Mr. President, I rise have 15 minutes. States—there is even a little bit in my today to speak in opposition to the

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.018 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3349 amendment offered by my colleague be surprised when they hear inflam- Washington Post. This article is head- from California. As the Senators from matory and misleading information at- lined ‘‘Link Seen Between Cooking, Iowa and Nevada, who have just pre- tacking the renewable fuel standard. Cancer . . . Frying, Baking Starches ceded me, have stated very clearly, this We have heard the misleading infor- Creates A Carcinogen.’’ It goes on to latest attempt to undermine the en- mation. We have heard it clearly. Let’s say: ergy bill’s renewable fuel standard— review the facts. The process of frying and baking starchy one of the few provisions of the bill The facts are, this bill has solid safe- foods such as potatoes and bread causes the that is truly bipartisan—is not in the guards. It requires, the Environmental formation of potentially harmful amounts of best interest of this country’s energy Protection Agency to conduct studies a chemical listed as a probable carcinogen. needs. And it deserves, as the senior of the long-term health and environ- ... Senator from Iowa has just said, some mental effects of renewable fuels. It goes on. explanation as to what it does and does Under this bill, the EPA Administrator What much of this is also about is not do—this renewable fuel standard has the authority, the jurisdiction, the downstream, future technologies. No amendment, reached by a bipartisan control to either prohibit or allow the one can predict what is ahead. We now group of Senators, that is in the sale of renewable fuels that could ad- have a story questioning starchy foods present energy bill. versely affect air or water quality or and how we prepare them. I think there It is claimed that it will provide a the public health. There is no safe har- is some historical evidence that people sweeping liability exemption for dam- bor if the Administrator rules that the have actually been baking bread for age to public health or the environ- law has been broken or laws are vio- centuries and eating potatoes cooked ment resulting from the use of renew- lated. many ways and have done quite well able fuels. This is a clear misrepresen- The safe harbor provision is very lim- actually. tation of this section of the energy bill. ited. It applies only to claims that a re- Let’s bring some common sense back A few months ago, Majority Leader newable fuel is ‘‘defective in design or to this debate. Let’s bring some com- DASCHLE reached out to a number of manufacture’’—I know some in the mon sense to what we are trying to do Senators from both sides of the aisle to legal business find that difficult to ac- here and apply the law based on com- help craft the renewable fuel provision cept—and that meets the requirements mon sense. in the current energy bill that we de- of the Clean Air Act. This is very im- With that, I yield the floor. bate today. The result is a historic portant. The Clean Air Act is still the The PRESIDING OFFICER. The Sen- agreement which has been endorsed by law of the land. All must comply with ator from Alaska. a majority of Governors, the Bush ad- the law of the land. These require- Mr. MURKOWSKI. Mr. President, ministration, agricultural organiza- ments include compliance with re- how much time remains on the side of tions, the oil industry, and, yes—and quests for information about a fuel’s the opponents? yes—environmental and public health public health and environmental ef- The PRESIDING OFFICER. Fifteen groups. fects as well as compliance with any minutes in opposition on the Feinstein The talks that produced this bipar- regulations adopted by the EPA. If amendment. tisan compromise included representa- these requirements are not met, the Mrs. BOXER. Mr. President, I have 8 tives from the EPA, the American safe harbor protection does not apply. minutes to respond. Lung Association, and the Northeast This provision does not affect claims The PRESIDING OFFICER. The States for Coordinated Air Use Man- based on the wrongful release of a re- question was on the time in opposition. agement, among many others. newable fuel into the environment. The Senator from Alaska. I know—and I am sure my colleagues Anyone harmed by a release of that Mr. MURKOWSKI. Mr. President, it from California and other Senators in kind would retain all the rights to sue, is fair to reflect on this safe harbor this body know—that the majority all the rights they now have under cur- Boxer amendment which will be strick- leader of the Senate has a strong com- rent law. If we change or strike the en if the amendment prevails. mitment to the environment and to the safe harbor provision in this bill, we The bill, we all know, contains this health of all Americans. I suspect he will unravel the entire bipartisan safe harbor provision regarding the li- would not agree to a provision he agreement. We will, in fact, be taking ability of manufacturers and distribu- thought might ultimately harm the several steps backward because the re- tors in renewable fuels that are subject public’s health or environment. None sult will be the continued use of MTBE, to the bill’s mandate. The principle is of us would. which we know has health and environ- relatively simple: No one should be The safe harbor provision in this bill mental consequences. I do not think subjected to tort liability simply for is there for one reason: to protect the that is what my colleagues from Cali- manufacturing or selling a product public and the environment while at fornia or any other colleague wants or that was mandated by this Congress. the same time not exposing manufac- intends. That is what we are talking about, a turers and distributors to frivolous Just let me recap for a moment what product mandated by Congress. Maybe lawsuits for simply complying with a the senior Senator from Iowa said Congress should bear the liability. Federal requirement, a Federal re- about compliance and who is protected, In any event, it is fair to say the pro- quirement that we imposed aimed at which is very important. There is no vision is very limited. It applies only improving our air and water quality. safe harbor protection under this to claims that a renewable fuel man- This language in this bill is fair. It is amendment, if the EPA Administrator dated by the act is defective in design reasonable. It is right. rules that a manufacturer or any enti- or manufacture, and it applies only so Yesterday, the Renewable Energy Ac- ty is not in compliance with the Clean long as the applicable requirements of tion Project, REAP, a California-based Air Act. The language is very clear. I section 211 of the Clean Air Act have coalition of environmental groups, pub- shall read briefly from that language in been met. These requirements include lic agencies, and renewable energy pro- the bill: both compliance with requests for in- ducers, placed a full-page ad in the If it does not violate a control or prohibi- formation about a fuel’s public health Washington Post. The headline in the tion imposed by the administrator under sec- and environmental effects and compli- ad read: ‘‘Renewable fuels mean clean- tion 211 of the Clean Air Act, as amended by ance with any regulations adopted by er air, cleaner water, and less depend- this act, and the manufacturer is in compli- the Administrator. ence on foreign oil.’’ And the ad went ance with all requests for information under If these requirements are not met, section 211(b) of the Clean Air Act, as amend- on to talk about the health benefits. ed by this act, in the event that the safe har- then the safe harbor protection will The ad strongly supports the renew- bor under this section does not apply, the ex- not be available, and liability will be able fuels standard provision and calls istence of a design defect or manufacturing determined under otherwise applicable the provision an important environ- defect shall be determined under otherwise law. mental victory that will protect Amer- applicable law. This provision does not affect claims ica’s drinking water and improve our This is very clear. based on wrongful release of a renew- air quality. This coalition also warned As I summarize, let me point out an able fuel in the environment. Anyone readers to remember the facts and not article that appeared today in the harmed by a release of that kind would

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.021 pfrm12 PsN: S25PT1 S3350 CONGRESSIONAL RECORD — SENATE April 25, 2002 retain all rights he or she has under safe, why have the companies involved precedent for every thousand years— current law. in its production pressed for the liabil- every thousand years. We won’t be It also applies only prospectively. So ity exemption in the bill? I have to say, around for the next one. it does not affect any claims that have with respect to my friends from eth- But that is not what this is about. already been filed as of the effective anol country, if this chart that my You have heard the expression ‘‘soli- date. friend from Nevada talked about were darity forever.’’ This is liability for- There is some uncertainty regarding submitted as an answer to a question ever—liability from a product on which the long-term health and environ- in a bar exam, the person would fail there are some problems already prov- mental risks associated with renewable the bar exam because they have mixed en and there are perhaps more prob- fuels. Questions have been asked about up the causes from the remedies. You lems yet to be known. That is why ETBE, an ether derivative from eth- cannot show all of this and say each there is a study in the bill. anol, even ethanol itself. The major one of these is a cause. Compensatory I think anyone in this body who cares strength of the bill is its provisions re- damages is a remedy. Punitive dam- about consumers, and about health, quiring EPA to conduct studies of ages is a remedy. and about the children, and who cares those effects. The cause of action they are going about the environment, cares about Those studies show that if additional after here happens to be a very small our States and localities that will have regulations are necessary, then the Ad- one, it is true. It is only used in a small to pick up the tab if there is a problem, ministrator simply has authority number of all civil cases, it is true. But will vote with us. under the rulemaking provision. Li- defective product liability is the only I will be happy to yield to my friend ability protection under the bill would cause of action that will hold up in a for a question. Mrs. FEINSTEIN. Mr. President, I depend on full compliance with any court of law when you seek to get dam- think what the Senator has said is very rules the Administrator may adopt. ages from an additive to gasoline. important. I hope Members of the Sen- The balanced approach, which I think How do I know this? Because we have ate will listen because what she point- it is, will protect the public from any done this with MTBE, and every other ed out was the central flaw in this safe adverse health and environmental im- cause of action that was recommended harbor provision. was thrown out by the court. The only pacts from renewable fuels while not As I understand it, what the Senator exposing manufacturers and distribu- one left standing was defective prod- is pointing out is that the safe harbor tors to tort lawsuits for complying uct. provision eliminates the one cause of So then my friends say: But we are with the renewable fuels mandated in action anyone has that is able to be only eliminating defective product, and the bill. successful, and that relates to a defec- it is just a little narrow sliver. Again, Some have contended that this provi- tive product. So this bill eliminates they don’t pay these oil company at- sion could give polluters sweeping li- any cause of action which is brought ability for damage to public health or torneys $500 an hour to come up with around the product being defective. the environment resulting from renew- some overarching thing that people Let me give an example, if I under- able fuels or their use, in the sense of will notice. They pay them to come up stand this. If it is shown—as I believe conventional gasoline. Nothing could with a very narrow exemption that it can be shown—that ethanol breaks be further from the truth. they hope will slip through. Thank down gasoline to allow its component In the first place, the safe harbor pro- goodness, people who have read this parts to plume into the air, spread into vision doesn’t affect claims based on bill understand the ramifications of the ground, and then it enables benzene the wrongful release of the renewable this liability waiver, because this could to move faster and longer and harder, fuel into the environment. Those re- have slipped through. no one can sue under a defective prod- sponsible for releases to the environ- The fact of the matter is that they uct liability cause of action; is that ment receive no protection whatsoever, have exempted themselves in this so- right? nor should they. Moreover, the safe called ethanol compromise—the com- Mrs. BOXER. My colleague is abso- harbor only applies if the maker or promise where Senator FEINSTEIN lutely correct. If I might tell her that, seller of a renewable fuel complies with wasn’t at the table, nor was I, nor were in the Lake Tahoe case against MTBE, EPA regulations to protect the public the New York Senators. They com- the only cause of action the court al- health and environment. promised it themselves. The oil compa- lowed was the very one they are trying Under this bill, the Administrator nies and the ethanol producers came up to do away with, as she pointed out, has the authority to control, or even with this liability waiver. the defective product liability. It was prohibit, the sale of renewable fuels So it is a simple point. If it is mean- $45 million to clean up the mess at that may adversely affect air or water ingless, why won’t they take it out? If Lake Tahoe, an area of our Nation that quality or the public health. There is it only applies to .002 percent of civil my colleague and I, Senators REID, and no safe harbor if the Administrator’s cases, then it is meaningless, so why others have worked so hard to protect. rules are violated. won’t they take it out? The fact is, they had a horrible prob- In my opinion, the amendment would The other question is, I believe, this lem because of the boats using the gas- simply promote litigation and increase is precedent setting. We mandate many oline with MTBE, which is now banned our dependence on imported oil, which things. The Senator from Alaska says on Lake Tahoe. They went to court to we have already talked about a great we are mandating this. We cannot ex- try to get the $45 million. We still deal in this debate on the energy bill. pect these companies to pick up the don’t know. The jury did come back, Mr. President, I reserve the remain- tab if it is defective. We mandate seat- and they found for the good guys, the der of my time. belts. If there is a defective seatbelt, plaintiffs. The PRESIDING OFFICER. Who auto companies are held responsible. The PRESIDING OFFICER. The Sen- seeks time? We mandate regulations on a lot of ator has 1 minute. Mrs. BOXER. Mr. President, under- products, such as airbags. We mandate Mrs. BOXER. The jury ruled in favor standing is that all time in opposition that products be safe and that certain of the plaintiffs. It was made under the to my amendment has been used; is rules and regulations be followed in defective product cause of action. Had that correct? mammography and many other prod- they not had that available to them— The PRESIDING OFFICER. Yes. The ucts. Yet if there is a defective prod- which is exactly what this bill would time in opposition to the Senator’s uct, there is no waiver of liability. do, eliminate that—they would not amendment has expired. One of my friends who is with the have had a case; the people of Lake The Senator from California has 8 ethanol caucus said: Well, we did it in Tahoe would be stuck paying $45 mil- minutes. Y2K, Mr. President; we waived the li- lion. This is a small area. Mrs. BOXER. I would like to be told ability for the computer industry in So, in closing, let me say this: I say when I have used up 7 minutes of my 8. Y2K. That is a laughable comparison. to my friends here, please, rise above Mr. President, it is such a simple We gave a waiver of liability for 1 year all of this special interest politics and point. People try to complicate simple on the Y2K problem because we knew it think about what is good for your peo- matters around here. If ethanol is so would be complicated. That set a ple. We know what is good for your

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.023 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3351 people is to make sure they are pro- large amounts of ethanol to the east Let there be no doubt, we have trou- tected—protected from a product that and west coasts, and a temporary re- bles even the way things are with gaso- may cause them and their community prieve is essential to develop the infra- line supply. As a matter of fact, gas in harm. If we don’t vote for this amend- structure, especially when the infra- California is going up. One of the rea- ment, I worry and fear for the future. structure demands for ethanol are far sons is refinery outages, the shortage I yield the floor. more complex for ethanol than for of gasoline. That is a very real prob- The PRESIDING OFFICER. The Sen- MTBE. lem. ator’s time has expired. Here is why infrastructure is so im- This additional year, from 2004 to Who yields time? If no one yields portant. Moisture causes ethanol to 2005, will give all States, and especially time, time will be charged equally. separate from gasoline. So the fuel ad- the east coast and west coast States, The Senator from New Mexico. ditive cannot be shipped through tradi- an additional year to solve some of Mr. BINGAMAN. Mr. President, tional gasoline pipelines. Ethanol these problems. would you repeat that statement? needs to be transported separately by Before forcing three times the What is the status with regard to time? truck, boat, barge, rail, and then blend- amount of ethanol we currently The PRESIDING OFFICER. If no one ed into the gasoline at the refinery site produce in our fuel supply, I sincerely uses time, time will be charged equally after it has arrived. urge the Senate to adopt this amend- to both sides. Senator FEINSTEIN has 25 Yet it will not be so easy to transport ment to allow those States that have minutes remaining in support of her ethanol by truck, boat, or rail from the problems, of which ours is prime, to be amendment, and there are 10 minutes Midwest and blend it once it is trans- able to develop the terminals, the in opposition to the Feinstein amend- ported, unless adequate facilities can trucks, and the barges to bring in eth- ment. be built. anol and the refinery changes that are Mr. BINGAMAN. Under the unani- According to the California Energy going to be necessary to produce more mous consent agreement, Senator Commission, the adequacy of logistics gasoline, as well as to absorb ethanol FEINSTEIN’s 25 minutes begins to run at to deliver large volumes of ethanol is into the situation. this point? not consistent. A recent report spon- Let me summarize. In the past days, The PRESIDING OFFICER. That is sored by the California Energy Com- we have made the following points: correct. mission predicts there will be future That the Senate bill requires 5 billion Mr. BINGAMAN. I yield the floor. logistical problems since the gasoline gallons of ethanol by 2012. The man- The PRESIDING OFFICER. Who supply system is currently constrained date will force California to use 2.68 yields time? with demand exceeding the existing in- billion gallons more of ethanol than we Mr. MURKOWSKI. Mr. President, frastructure capacity. need to meet clean air standards. how much time do we have? In fact, inadequate infrastructure re- We have proven, I think, that this is The PRESIDING OFFICER. Ten min- cently led the Governor of California to a hidden gas tax of anywhere from 4 to utes in opposition. Senator FEINSTEIN push back the start date of the State’s 10 percent, and the infrastructure has 25 minutes, and the time is equally ban on MTBE to 2004 from 2003. Cali- shortfalls in California will most likely divided in both the support and opposi- fornia does not have the ethanol infra- put the gas tax hike above that. We structure in place to meet the oxygen- tion. have shown there are transportation ate requirement under current law AMENDMENT NO. 3132 WITHDRAWN and infrastructure problems. We have once MTBE is banned. The Governor Mr. MURKOWSKI. Mr. President, I shown there is a dangerously high mar- had little choice because California’s ask unanimous consent to withdraw ket concentration. amendment No. 3132. predicted gas prices at the pump would We point out Archer Daniels Midland double if the MTBE ban went into ef- The PRESIDING OFFICER. Without has a 41 percent market share. The fect as planned in 2003. objection, it is so ordered. Wall Street Journal this morning con- This is due in part to the lack of in- AMENDMENT NO. 3225 frastructure. It is also because once tains a very interesting article on this Mrs. FEINSTEIN. Mr. President, I MTBE is removed, California needs 5 to very subject entitled ‘‘ADM Used Euro- call up amendment No. 3225, and I ask 10 percent more gasoline with ethanol. pean Wine For Ethanol.’’ It shows how for the yeas and nays. Here is why. recent evidence has been uncovered to The PRESIDING OFFICER. Is there a MTBE helps reduce the amount of suggest that ADM engaged in bid rig- sufficient second? gasoline needed to make a gallon. Eth- ging, which is a form of price fixing, There is a sufficient second. anol, however, does not go as far as with respect to European ethanol The yeas and nays were ordered. MTBE, so it increases the amount of brought into the United States. Mrs. FEINSTEIN. Mr. President, the gasoline needed to make a gallon. Once So giving any company a large con- amendment I call up is a very modest we have phased out MTBE, the dif- centration of market share can also amendment to the renewable fuels pro- ference is estimated by experts to re- produce exactly what we went through vision in the Senate energy bill. It will quire 5 to 10 percent more gasoline in with Enron. We have shown that eth- simply delay the implementation of every gallon of gasoline that is pro- anol has mixed environmental and the ethanol mandate for 1 year. That duced with ethanol—5 to 10 percent health benefits. It does decrease carbon would move it from 2004 to 2005. more. monoxide. However, it increases nitro- The purpose of the amendment is to California’s refining capacity is at gen oxide emissions, or NOx, which will give States more time to make essen- capacity. It is 98 percent, which is ca- increase smog in my State and in other tial infrastructure refinery and storage pacity. Therefore, we cannot refine 5 to States. improvements. This amendment will 10 percent more gasoline under the We have demonstrated there will be provide the Senate with the oppor- present refining conditions. Therefore, less revenue to the highway trust fund tunity to make an essential modifica- not only are there going to have to be because gasoline is taxed at 18.4 cents tion to the current bill since virtually massive improvements in the ability to to provide funds for our roads and every State outside of the Midwest will bring ethanol into the State, but there bridges, but fuel blended with ethanol have to grapple with how to bring in have to be massive changes made in is only taxed at 13.1 cents. Therefore, more ethanol over the next several the refineries themselves, and this is this mandate will create an unbeliev- years. going to take time. Somehow we are able $7 billion shortfall in the highway Although the ethanol industry says going to have to bring online addi- trust fund, and it will provide every they can meet future demand, virtually tional refining capacity to handle the State in the Union less dollars to build every expert has told me that delivery tripling of ethanol that is required over roads, bridges, and transportation in- interruptions and shortfalls are likely, the next 10 years by this bill. frastructure. if not inevitable, and yet we are tied to This is one of the reasons, from a We have shown, and Senator BOXER bring in a specific amount. In 2004, the California perspective, the ethanol did this eloquently, that the safe har- Nation will be forced to use 2.3 billion mandate is worse for California than bor provision of the bill prevents legal gallons of ethanol. There is insufficient for any other State, and for California redress if ethanol and other fuel addi- transportation infrastructure to ship it is going to spike the cost of gasoline. tives harm the environment, because it

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.025 pfrm12 PsN: S25PT1 S3352 CONGRESSIONAL RECORD — SENATE April 25, 2002 removes the unsafe product liability until that is analyzed, this could take We are saying: Please, you have the cause of action. That is the one cause us into 2005. If we find out, for example, votes out there. You know it will of action that sustained the cases in there is a way to mitigate some of the present considerable hardship to some. California brought on MTBE, and this problems, we would have time to fix At least be generous enough to give an bill removes it for ethanol. the infrastructure in a way to contain extra year to be able to get ready for Why is this in there? Because the oil the problem. it. companies wanted liability protection My question to my friend, in addition I thank the Senator for her question, or they would not go along with the to thanking her for her leadership on and I yield the floor. deal that was cut. So they were given this, is, does she not believe if we are The PRESIDING OFFICER (Mrs. liability protection and no one can all really on the level and we are being CLINTON). The Senator from Iowa. bring an unsafe product cause of action sincere, that this is a friendly amend- Mr. GRASSLEY. Madam President, against ethanol. ment to both sides because it would, in obviously, I am against this amend- We have shown that ethanol is not a fact, give us more time to accommo- ment. The rest of the country is trying renewable fuel because some scientists date for the use of the ethanol, would to help California get through their ox- believe it takes 70 percent more energy give us more information on the im- ygenate standards and to get over the to make ethanol than it saves using it, pacts of the ethanol, and it would allow business of polluting water with MTBE and we have shown that the ethanol us to do this in an orderly way without which their oil companies wanted to mandate will largely benefit producers, great disruption to the marketplace use and got a mandate for in the last not farmers. and at the pumps. Clean Air Act. Producers will get 70 percent of the Mrs. FEINSTEIN. I respond to the Somehow, notwithstanding all this benefit; farmers, 30 percent according junior Senator by saying she is abso- help, the Senators from California do to one report. We have shown what this lutely right. She has phrased it in a not realize how good the agricultural amounts to is a massive transfer of very kind and gentle way. I am afraid States and even other States are trying wealth. I feel more adamantly about it, be- to be to California to get through this The bottom line is the ethanol provi- cause I am 100 percent certain this is a problem. For example, a lot of farmer sions of this bill are a very bad deal big gas tax increase for our people. cooperatives have helped invest $1.4 and that mandating 5 billion gallons of We have the longest commutes in the billion in small ethanol plants and eth- it, a tripling of it, by 2012, which never Nation now with people commuting as anol expansion in order to provide the had a hearing in the Energy Com- 1 much as 2 ⁄2 hours to get to work from product needed to help California to mittee, never saw the light of day be- Stockton to the Bay Area. This is meet the requirements of the Clean Air fore the deal was put together in secret going to be a real hardship. Our State Act. and apparently a majority of the Sen- is complicated because we do not have We already have the Governor of ate is going to support it, we ask one the refining capacity to refine the ad- California sticking it to the farmers— thing, and that is that California and ditional gasoline that ethanol is going particularly the farmers who have cre- other States that need it, on the east to require. We talked about this yester- ated the small co-ops to produce eth- coast and on the west coast especially, day. I went back and checked the fig- anol—by delaying one year, the MTBE be given one more year to increase the ures, and our state will require 5 to 10 ban that he said 3 years ago would take refining capacity, to improve the infra- percent additional gasoline once we effect at the end of this year. So now structure, to see that the terminals are ban MTBE, but to force ethanol down farmers have to wait through 2003 be- in place and that we can, in fact, triple our throats at the same time is a rec- fore they get the market created by ethanol and have enough gasoline to ipe for disaster. the MTBE ban. It is putting the invest- supply our need. Therefore, we will not have the refin- It is my understanding the junior ing ability to refine that because our ment of these small co-ops in danger. The Senators from California can Senator from California would like to refineries are at capacity. ask a question. So the infrastructure need of our talk all they want about helping ADM. Mrs. BOXER. I do want to ask a ques- State is much greater because it is ADM will survive. The financial invest- tion, but first I want to thank my col- going to mean additional refining ca- ments of the small co-ops will be league for this very modest amend- pacity. That is not cheap or easy to harmed. ment. I am stunned that our friends in produce, because you have to go So now, in addition to the damage the ethanol caucus have so far not ac- through zoning, you have to go through the Governor of California has been ceded to it. This is my feeling, and I local governments, you have to con- done by delaying the MTBE ban by 1 ask my friend if she agrees with me. As duct environmental reports, to in- year, now the Senators want to delay she has so eloquently pointed out, we crease the refining capacity of our re- another year. need to build an infrastructure to re- fineries. The Senators will help ADM and hurt ceive this ethanol. We have to make Additionally, our refineries are old the farmers who have been trying to sure we know what we are doing and we and they break down. We have had two build the smaller plants so there is do not rush this. If we rush this and the breakdowns of major refineries, as the more competition in ethanol and also Senator’s amendment is not adopted, I junior Senator knows, and that spikes more value-added benefits of ethanol think it is possible there could be huge the price of gasoline. The Senator is go to the individual family farmer, in- hostility toward the use of ethanol, right. All this amendment says is, give stead of ADM. and when the people of our country get us another year. Instead of 2004, make So I make it clear, this 1 more year upset about taxation without represen- it 2005. Give us and other states a delay, in addition to the year delay tation—and that is how they are going chance to produce our additional refin- caused by the Governor of California, is to feel because, as my friend has point- ing capacity and to meet the additional doing damage to the people that Sen- ed out, this is like a tax on gasoline for infrastructure needs. ators say they want to help. Senators us—there is no telling what is going to The Senator from New York is in the say they do not want dependence upon happen in this country in places where chair. She knows the hardship that ADM, but they will make themselves they are hit. New York is going to occasion because more dependent on ADM. If we put that together with this ter- of this. It gives New York an additional And now to clear up something about rible article that ran yesterday, year to be able to make substantial in- the mixture of ethanol with gasoline. ‘‘Memos Show Possible Ethanol Price- frastructure changes. The senior Senator from California fixing,’’ with the legitimate issues of Neither California nor New York said you bring ethanol to the refinery building an infrastructure, together have much by the way of ethanol and it is injected. Let me tell how sim- with the fact we do not know the plants. Everything has to come in from ple it is to mix ethanol and gasoline to- health impacts, if they rush this there the Midwest. Weather is going to im- gether. In the tanker, you put the 10- could be an explosion of resentment in pact it. It has to come in by truck or percent mix of ethanol in the tanker the country. rail or boat. Then it has to be trans- and add the other 90 percent of gaso- There is a 2-year study on the health ported to a refinery and injected into line. This can be done at the terminal, effects in the bill. Until that is done, the gasoline. not at the refinery. You go down the

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.028 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3353 road and it is splash blended. It is not not any place I have been in my State even run by the committee; that there a technologically complicated process that you have to pay one penny more has been no public hearing held on any of mixing ethanol with gasoline to cre- for gasoline with ethanol in it. Most part of it. I resent that fact. ate what we call gasohol. times you get it for 2 cents cheaper, I resent the fact that you don’t care The other thing I think the Senate sometimes 3 cents cheaper. Most of the whether my State has the refining ca- should be reminded of regarding not time it is priced exactly the same. pacity or not to meet this in time. We having refinery capacity, how long has Don’t talk to me about a tax on con- have tried to be nice all during this de- it been since you built a refinery in sumers because ethanol is in gasoline. bate, but I resent the fact that this is California? It has been decades. That is Today, oil refineries are operating at a deal cut in secret, when nobody who not our problem; that is your problem near full capacity, leaving no room in is affected adversely has a chance to that you don’t have this refinery ca- the system for unexpected shutdowns, weigh in. pacity because of the attitude ‘‘not in fires, or pipeline disruptions. I resent the fact that we have no my backyard.’’ Delaying the renewable fuels provi- chance to get experts before a com- Now, key points regarding this sion by a year will further constrain mittee, to say what we do and do not amendment: The bill before the Senate domestic supply, leaving consumers know about ethanol. provides for a gradual phase-in of the vulnerable to price hikes. I resent the fact that everybody says use of renewable fuels beginning with Last, I think we also have to remem- it is just great, when scientists have 2.3 billion gallons in the year 2004 and ber there is a certain amount of cama- said it may have real problems attrib- growing to 5 billion gallons over an ad- raderie around this body that has to be uted to it and we cannot even have a ditional 8-year-period of time. So there respected. That is that we do have hearing to listen to those problems. I is plenty of time to meet the needs some very basic agreements put to- resent that. I do not think it is good under this legislation. gether in regard to getting a bipartisan public policy. It might be good in a po- The gradual phase-in of the renew- energy bill through this body. litical campaign. able fuels standard provides a very or- The historic bipartisan compromise I resent the fact that I had the refin- derly transition allowing ethanol ca- on fuels issues in this bill represents a ers, the ethanol people and the corn pacity and infrastructure modifica- carefully crafted agreement among oil farmers, in my office for 8 months try- tions to expand to meet market de- industry, ethanol producers, agricul- ing to negotiate something that Cali- mand. tural groups, environmental and public fornia could live with, and then both Nevertheless, we have this delaying health interest groups, including the Presidential candidates announced tactic before the Senate. It is being American Lung Association, the Union their support of ethanol and the corn presented out of fear of disruptions of of Concerned Scientists, and Northeast growers reversed and said: Forget you, supply and price. The facts show there States for Coordinated Air Use Man- we are not going to negotiate with you; is no need to delay our fuel standard agement, among others. now we can get much more. And the and there is no fear of disruptions. The So let’s keep this carefully crafted ‘‘much more’’ has resulted in a tripling original agreement implemented the agreement together so we can get a bill of an additive we do not need. renewable fuels provisions beginning passed and maintain a bipartisan ap- Senator BOXER and I are standing 2003 in an effort to assure all parties proach to the energy problems of this here like two lone sheep trying to that ethanol capacity expansion and country. make an argument when the deal has infrastructure modifications needed to I yield the floor. already been cut, when we have never meet demand would be completed, and The PRESIDING OFFICER. The Sen- been consulted. The Senator from New we made the renewable portfolio stand- ator from California. York, what is she going to do when her ards delayed by 1 year, until the year Mrs. FEINSTEIN. Madam President, gasoline price spikes—because it is 2004. how much time do I have? The U.S. ethanol industry has the ca- The PRESIDING OFFICER. Six min- going to—because we did not have that pacity to produce 2.3 billion gallons of utes. opportunity? ethanol per year. Right now we Mrs. FEINSTEIN. Madam President, I resent that as public policy. I have produce 1.8 billion gallons per year. I would like to respond to the Senator. every right to. I represent 34.5 million Plants currently under construction I found his comments really quite people, the fifth-largest economic en- will increase capacity to 2.7 billion gal- amazing. On the one hand, he was say- gine on Earth, and we are being told: It lons by the end of this year. Clearly, ing how generous he was being to Cali- is good for corn farmers, so, you guys, there is more than enough ethanol ca- fornia; on the other hand, he was say- lay down and take it. I am being told: pacity to meet the needs of the first ing: Tough, if it spikes your cost of Oh, we have a credit trading system. year of the program, beginning 2 years gasoline; tough, if you don’t have But the fact of the matter is, if you from now. enough refinery capability, that is really read the fine print: Use it or pay Ethanol producers have expanded ca- your fault. I am for the farmers in the for it. pacity to meet demands. In response to Midwest, and all the rest of you be I have a problem with that public State calls for the removal of MTBE damned. policy. And I have every right to stand from gasoline, America’s farmers re- I don’t appreciate that very much. I on this Senate floor and say I have a sponded, investing in ethanol plants will tell you something: When the price problem with it, and say I think this is and adding 1 billion gallons of new ca- of gasoline does spike and people are unfair, and say I think it is done in the pacity in just these 2 years. Delaying calling, I will refer them to your office, dark of night, and say I do not think the renewable fuels provision will re- Senator, and be happy to do so. We are anybody who is really affected by it sult in significant oversupply in the being forced to use something we do has been let into that secret, dark ethanol market, harming new entrants not need. It would be one thing if we room. in the ethanol market. Predominantly, needed it to meet clean air standards. Yes, you have all cut your deal, and these are farmer-owns facilities, likely We are being forced to use 2.68 billion both coasts are going to suffer because resulting in some plant shutdown. gallons of ethanol we do not need in of it. A delay will wreak havoc on the fuel California to meet clean air standards. I talk to Senators who I was sur- supply markets as ethanol plants shut I resent that. prised were in on the deal. What they down as a result of delay. The petro- I resent that the policy of the United told me was: We had to, or they would leum industry will lose potential States Senate mandates that we have not let us stop using MTBE. We had to, sources of supply necessary to meet re- to use something we do not need that or they would not let us stop using newable fuel requirements the fol- is going to cost us more, that is going MTBE. That is the way public policy is lowing year when the program begins, to prevent us from getting highway made. disrupting markets and actually rais- money and transportation money be- It is wrong. I am sorry, it is wrong. ing the potential for price increases to cause it is going to cut the highway We lose today, but guess what, we will consumers. trust fund by $7 billion. watch this thing. We will watch this By the way, I want to respond to the I resent the fact that I am on the En- with the eyes of a hawk. You can be so-called tax on consumers. There is ergy Committee and this bill was not sure we will have more to say about it

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.031 pfrm12 PsN: S25PT1 S3354 CONGRESSIONAL RECORD — SENATE April 25, 2002 because it is bad public policy. To man- The other point that needs to be AMENDMENT NO. 3333 date States to use something they made is, will this raise the price of gas- (Purpose: To strike the provisions relating don’t need, when they can meet clean oline because of the cost of ethanol? to alternative vehicles and fuels incentives) air standards with reformulated fuel Frankly, by reducing the amount of In Division H, beginning on page 17, line 9, except for a small part of the year, in gasoline used, because of the additive, strike all through page 55, line 6. a certain market—it is wrong. It is bad it will drive down the supply of gaso- AMENDMENT NO. 3370 public policy. line, which I think will also, if you Mrs. BOXER. Will my colleague yield will—and the use of ethanol as a part (Purpose: To strike section 2308 of Division H for a question? of that—not increase the cost of gaso- (relating to energy tax incentives)) Mrs. FEINSTEIN. I will be happy to line but will in fact decrease the cost of In Division H, (relating to energy tax in- yield because my adrenaline will then gasoline. The evidence really exists centives), strike section 2308. drop and my blood pressure will as that this is what the marketplace has AMENDMENT NO. 3372 well. been doing over the last 10 to 20 years (Purpose: To limit the effective dates of the Mrs. BOXER. I say to my colleague, in many States across the country. provisions of Division H (relating to energy she had every right to exhibit the feel- I can understand the concern that tax incentives)) ings she did, when we are told on the has been raised. But I think we have to In Division H, on page 216, after line 21, add floor: Don’t come and tell us about deal with the facts. If we are going to the following: price increases. deal with concerns, the best way to SEC. . LIMITATION ON EFFECTIVE DATES. Our State has gone through the pro- deal with them is with facts. I think Notwithstanding any other provision of verbial nightmare with electricity the facts have shown capacity, have this division, no provision of nor any amend- prices because they were manipulated, shown prices, and haven’t gone up. I ment made by this division shall take effect because the supply was manipulated, think we can conclude that there will until the date of the enactment of legislation because there was no transparency, be- be enough capacity and that the prices which raises Federal revenues or reduces cause a few companies got together and will not go up as has been suggested. Federal spending sufficient to offset the Fed- eral budgetary cost of such provisions and did it to us. Now we are walking into I yield the floor. Mr. REID. Madam President, I yield amendments for the 10-fiscal year period be- this situation because of our colleagues ginning on October 1, 2002. who have a special interest in this. I the final 30 seconds to the Senator understand it, but don’t stand on the from California. AMENDMENT NO. 3239, AS MODIFIED floor and say: Don’t tell me about price The PRESIDING OFFICER. The Sen- Strike all after the title heading and insert ator from California is yielded the final increases. the following: Your administration, the administra- 30 seconds. SEC. 1101. PURPOSE. Mrs. FEINSTEIN. Madam President, tion in charge, the Bush administra- The purpose of this title is to establish a once again, this is just a very modest tion, has put out a chart. What I want greenhouse gas inventory, reductions reg- amendment. It delays the implementa- to ask my colleague is this: Didn’t istry, and information system that— tion of this mandate by 1 year, until (1) are complete, consistent, transparent, Spencer Abraham put out a chart that 2005. It gives both coasts of the United and accurate; showed us that this administration be- States the opportunity to do what they (2) will create reliable and accurate data lieves the price of gasoline in Cali- need to do to increase refining capac- that can be used by public and private enti- fornia will go up 9 cents? This is not ity, to develop the terminals, to de- ties to design efficient and effective green- something we are making up. Is that velop the truck fleet, and to get ready house gas emission reduction strategies; and not a fact? (3) will acknowledge and encourage green- for what is going to be a massive infu- house gas emission reductions. The PRESIDING OFFICER. The time sion of a product that can’t be shipped of the Senator has expired. SEC. 1102. DEFINITIONS. by pipe. It has to be shipped by truck In this title: Mrs. BOXER. I ask for 30 more sec- or by rail or by barge. onds so she can respond. (1) ADMINISTRATOR.—The term ‘‘Adminis- I hope the Senate will allow us this trator’’ means the Administrator of the En- Mr. REID. There is no time. additional year to get ready for this Mrs. BOXER. May she have 30 sec- vironmental Protection Agency. unfortunate mandate. (2) BASELINE.—The term ‘‘baseline’’ means onds to respond to my question, please? AMENDMENTS NOS. 3332, 3333, 3370, 3372, 3239, AS the historic greenhouse gas emission levels Mr. REID. I object. of an entity, as adjusted upward by the des- The PRESIDING OFFICER. Is there MODIFIED, 3146, AS MODIFIED AND FURTHER MODIFIED, 3082, 3355, AND 3335 ignated agency to reflect actual reductions objection? that are verified in accordance with— Mr. REID. Yes. The Senator from Ne- Mr. REID. Madam President, prior to the vote taking place, there are some (A) regulations promulgated under section vada has 21⁄2 minutes. I yield 2 minutes 1104(c)(1); and housekeeping matters. of that to the Senator from Nebraska, (B) relevant standards and methods devel- I ask unanimous consent the pending Mr. NELSON. oped under this title. amendments be temporarily set aside The PRESIDING OFFICER. The Sen- (3) DATABASE.—The term ‘‘database’’ in order for the following filed amend- ator from Nebraska. means the National Greenhouse Gas Data- Mr. NELSON of Nebraska. Madam ments to be offered in the order in base established under section 1104. President, one of the questions raised which they are listed below. I further (4) DESIGNATED AGENCY.—The term ‘‘des- ignated agency’’ means a department or continuously throughout this debate, ask unanimous consent that following the reporting of these amendments agency to which responsibility for a function and it continues to be a question, is: or program is assigned under the memo- Will there be enough volume, will there they be set aside in the order offered: Kyl No. 3332; Kyl No. 3333; Graham randum of agreement entered into under sec- be enough production capacity to han- No. 3370; Graham No. 3372; Brownback tion 1103(a). dle these requirements? Let me refer to (5) DIRECT EMISSIONS.—The term ‘‘direct No. 3239, as modified; Hagel No. 3146, as the chart we have here that shows emissions’’ means greenhouse gas emissions modified, with a further modification by an entity from a facility that is owned or there are 61 plants today, plants that now at the desk; Baucus No. 3082; are in operation; 14 are under construc- controlled by that entity. Conrad-Smith No. 3355; and Sessions (6) ENTITY.—The term ‘‘entity’’ means— tion—and they claim 82 percent of ca- No. 3335. (A) a person located in the United States; pacity is in production. We can do bet- The PRESIDING OFFICER. Without or ter. Biodiesel is estimated to provide objection, it is so ordered. (B) a public or private entity, to the extent another 100 million gallons of ethanol The amendments (Nos. 3332, 3333, that the entity operates in the United equivalent. 3370, 3372, 3239, as modified, 3146, as fur- States. As you begin to see the capacity and ther modified, 3082, 3355, and 3335) are (7) FACILITY.—The term ‘‘facility’’ means— production, you see that we have the (A) all buildings, structures, or installa- as follows: tions located on any 1 or more contiguous or additional capacity in excess of the AMENDMENT NO. 3332 production we have at the present adjacent properties of an entity in the (Purpose: To strike the extension of the United States; and time. So the whole question about credit for producing electricity from wind) (B) a fleet of 20 or more motor vehicles whether or not we will have enough In Division H, on page 4, line 8, strike under the common control of an entity. production, will there be enough eth- ‘‘Subparagraphs (A) and’’ and insert ‘‘Sub- (8) GREENHOUSE GAS.—The term ‘‘green- anol, I think should be put to bed. paragraph’’. house gas’’ means—

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.033 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3355 (A) carbon dioxide; sible for developing, maintaining, and (i) maximize completeness, transparency, (B) methane; verifying the registry and the emission re- and accuracy of information reported; and (C) nitrous oxide; ductions reported under section 1605(b) of the (ii) minimize costs incurred by entities in (D) hydrofluorocarbons; Energy Policy Act of 1992 (42 U.S.C. 13385(b)). measuring and reporting greenhouse gas (E) perfluorocarbons; (2) DEPARTMENT OF COMMERCE.—The Sec- emissions; and (F) sulfur hexafluoride; and retary of Commerce shall be primarily re- (B) the regulations promulgated under (G) any other anthropogenic climate-forc- sponsible for the development of— paragraph (1) establish procedures and proto- ing emissions with significant ascertainable (A) measurement standards for the moni- cols necessary— global warming potential, as— toring of emissions; and (i) to prevent the reporting of some or all (i) recommended by the National Academy (B) verification technologies and methods of the same greenhouse gas emissions or of Sciences under section 1107(b)(3); and to ensure the maintenance of a consistent emission reductions by more than 1 report- (ii) determined in regulations promulgated and technically accurate record of emissions, ing entity; under section 1104(c)(1) (or revisions to the emission reductions, and atmospheric con- (ii) to provide for corrections to errors in regulations) to be appropriate and prac- centrations of greenhouse gases for the data- data submitted to the database; ticable for coverage under this title. base. (iii) to provide for adjustment to data by (9) INDIRECT EMISSIONS.—The term ‘‘indi- (3) ENVIRONMENTAL PROTECTION AGENCY.— reporting entities that have had a significant rect emissions’’ means greenhouse gas emis- The Administrator shall be primarily respon- organizational change (including mergers, sions that— sible for— acquisitions, and divestiture), in order to (A) are a result of the activities of an enti- (A) emissions monitoring, measurement, maintain comparability among data in the ty; but verification, and data collection under this database over time; (B)(i) are emitted from a facility owned or title and title IV (relating to acid deposition (iv) to provide for adjustments to reflect controlled by another entity; and control) and title VIII of the Clean Air Act new technologies or methods for measuring (ii) are not reported as direct emissions by (42 U.S.C. 7651 et seq.), including mobile or calculating greenhouse gas emissions; and the entity the activities of which resulted in source emissions information from imple- (v) to account for changes in registration the emissions. mentation of the corporate average fuel of ownership of emission reductions result- (10) REGISTRY.—The term ‘‘registry’’ means economy program under chapter 329 of title ing from a voluntary private transaction be- the registry of greenhouse gas emission re- 49, United States Code; and tween reporting entities. ductions established as a component of the (B) responsibilities of the Environmental (3) BASELINE IDENTIFICATION AND PROTEC- database under section 1104(b)(2). Protection Agency relating to completion of TION.—Through regulations promulgated (11) SEQUESTRATION.— the national inventory for compliance with under paragraph (1), the designated agencies (A) IN GENERAL.—The term ‘‘sequestra- the United Nations Framework Convention shall develop and implement a system that tion’’ means the capture, long-term separa- on Climate Change, done at New York on provides— tion, isolation, or removal of greenhouse May 9, 1992. (A) for the provision of unique serial num- gases from the atmosphere. (4) DEPARTMENT OF AGRICULTURE.—The bers to identify the verified emission reduc- (B) INCLUSIONS.—The term ‘‘sequestration’’ Secretary of Agriculture shall be primarily tions made by an entity relative to the base- includes— responsible for— line of the entity; (i) soil carbon sequestration; (A) developing measurement techniques (B) for the tracking of the reductions asso- (ii) agricultural and conservation prac- for— ciated with the serial numbers; and tices; (i) soil carbon sequestration; and (C) that the reductions may be applied, as (iii) reforestation; (ii) forest preservation and reforestation [determined to be appropriate by any Act of] (iv) forest preservation; activities; and Congress enacted after the date of enactment (v) maintenance of an underground res- (B) providing technical advice relating to of this Act, toward a Federal requirement ervoir; and biological carbon sequestration measure- under such an Act that is imposed on the en- (vi) any other appropriate biological or ge- ment and verification standards for meas- tity for the purpose of reducing greenhouse ological method of capture, isolation, or re- uring greenhouse gas emission reductions or gas emissions. moval of greenhouse gases from the atmos- offsets. SEC. 1105. GREENHOUSE GAS REDUCTION RE- phere, as determined by the Administrator. (c) DRAFT MEMORANDUM OF AGREEMENT.— PORTING. Not later than 15 months after the date of (a) IN GENERAL.—An entity that partici- SEC. 1103. ESTABLISHMENT OF MEMORANDUM enactment of this Act, the President, acting OF AGREEMENT. pates in the registry shall meet the require- through the Director of the Office of Na- (a) IN GENERAL.—Not later than 1 year ments described in subsection (b). after the date of enactment of this Act, the tional Climate Change Policy, shall publish (b) REQUIREMENTS.— President, acting through the Director of the in the Federal Register, and solicit com- (1) IN GENERAL.—The requirements referred Office of National Climate Change Policy, ments on, a draft version of the memo- to in subsection (a) are that an entity (other shall direct the Secretary of Energy, the randum of agreement described in subsection than an entity described in paragraph (2)) Secretary of Commerce, the Secretary of Ag- (a). shall— (d) NO JUDICIAL REVIEW.—The final version riculture, the Secretary of Transportation, (A) establish a baseline (including all of of the memorandum of agreement shall not and the Administrator to enter into a memo- the entity’s greenhouse gas emissions on an be subject to judicial review. randum of agreement under which those entity-wide basis); and heads of Federal agencies will— SEC. 1104. NATIONAL GREENHOUSE GAS DATA- (B) submit the report described in sub- BASE. (1) recognize and maintain statutory and section (c)(1). (a) ESTABLISHMENT.—As soon as prac- (2) REQUIREMENTS APPLICABLE TO ENTITIES regulatory authorities, functions, and pro- ticable after the date of enactment of this ENTERING INTO CERTAIN AGREEMENTS.—An en- grams that— Act, the designated agencies, in consultation tity that enters into an agreement with a (A) are established as of the date of enact- with the private sector and nongovernmental participant in the registry for the purpose of ment of this Act under other law; organizations, shall jointly establish, oper- (B) provide for the collection of data relat- ate, and maintain a database, to be known as a carbon sequestration project shall not be ing to greenhouse gas emissions and effects; the ‘‘National Greenhouse Gas Database’’, to required to comply with the requirements and collect, verify, and analyze information on specified in paragraph (1) unless that entity (C) are necessary for the operation of the greenhouse gas emissions by entities. is required to comply with the requirements database; (b) NATIONAL GREENHOUSE GAS DATABASE by reason of an activity other than the (2)(A) distribute additional responsibilities COMPONENTS.—The database shall consist agreement. and activities identified under this title to of— (c) REPORTS.— Federal departments or agencies in accord- (1) an inventory of greenhouse gas emis- (1) REQUIRED REPORT.—Not later than April ance with the missions and expertise of those sions; and 1 of the third calendar year that begins after departments and agencies; and (2) a registry of greenhouse gas emission the date of enactment of this Act, and not (B) maximize the use of available resources reductions. later than April 1 of each calendar year of those departments and agencies; and (c) COMPREHENSIVE SYSTEM.— thereafter, subject to paragraph (3), an enti- (3) provide for the comprehensive collec- (1) IN GENERAL.—Not later than 2 years ty described in subsection (a) shall submit to tion and analysis of data on greenhouse gas after the date of enactment of this Act, the each appropriate designated agency a report emissions relating to product use (including designated agencies shall jointly promulgate that describes, for the preceding calendar the use of fossil fuels and energy-consuming regulations to implement a comprehensive year, the entity-wide greenhouse gas emis- appliances and vehicles). system for greenhouse gas emissions report- sions (as reported at the facility level), (b) MINIMUM REQUIREMENTS.—The memo- ing, inventorying, and reductions registra- including— randum of agreement entered into under sub- tion. (A) the total quantity of each greenhouse section (a) shall, at a minimum, retain the (2) REQUIREMENTS.—The designated agen- gas emitted, expressed in terms of mass and following functions for the designated agen- cies shall ensure, to the maximum extent in terms of the quantity of carbon dioxide cies: practicable, that— equivalent; (1) DEPARTMENT OF ENERGY.—The Sec- (A) the comprehensive system described in (B) an estimate of the greenhouse gas retary of Energy shall be primarily respon- paragraph (1) is designed to— emissions from fossil fuel combusted by

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.007 pfrm12 PsN: S25PT1 S3356 CONGRESSIONAL RECORD — SENATE April 25, 2002 products manufactured and sold by the enti- registry, an entity shall be required to sub- porting systems in effect as of the date of en- ty in the previous calendar year, determined mit reports under paragraph (1) only if, in actment of this Act. over the average lifetime of those products; any calendar year after the date of enact- (9) ADDITIONAL ISSUES TO BE CONSIDERED.— and ment of this Act— In promulgating the regulations under sec- (C) such other categories of emissions as (i) the total greenhouse gas emissions of at tion 1104(c)(1) and implementing the data- the designated agency determines in the reg- least 1 facility owned by the entity exceeds base, the designated agencies shall take into ulations promulgated under section 1104(c)(1) 10,000 metric tons of carbon dioxide equiva- consideration a broad range of issues in- may be practicable and useful for the pur- lent (or such greater quantity as may be es- volved in establishing an effective database, poses of this title, such as— tablished by a designated agency by regula- including— (i) direct emissions from stationary tion); or (A) the appropriate units for reporting sources; (ii)(I) the total quantity of greenhouse each greenhouse gas; (ii) indirect emissions from imported elec- gases produced, distributed, or imported by (B) the data and information systems and tricity, heat, and steam; the entity exceeds 10,000 metric tons of car- measures necessary to identify, track, and (iii) process and fugitive emissions; and bon dioxide equivalent (or such greater quan- verify greenhouse gas emission reductions in (iv) production or importation of green- tity as may be established by a designated a manner that will encourage the develop- house gases. agency by regulation); and ment of private sector trading and ex- (2) VOLUNTARY REPORTING.—An entity de- (II) the entity is not a feedlot or other changes; scribed in subsection (a) may (along with es- farming operation (as defined in section 101 (C) the greenhouse gas reduction and se- tablishing a baseline and reporting reduc- questration methods and standards applied of title 11, United States Code). tions under this section)— in other countries, as applicable or relevant; (B) ENTITIES ALREADY REPORTING.— (A) submit a report described in paragraph (D) the extent to which available fossil (i) IN GENERAL.—An entity that, as of the (1) before the date specified in that para- fuels, greenhouse gas emissions, and green- date of enactment of this Act, is required to graph for the purposes of achieving and house gas production and importation data report carbon dioxide emissions data to a commoditizing greenhouse gas reductions are adequate to implement the database; Federal agency shall not be required to re-re- through use of the registry; and (E) the differences in, and potential port that data for the purposes of this title. (B) submit to any designated agency, for uniqueness of, the facilities, operations, and inclusion in the registry, information that (ii) REVIEW OF PARTICIPATION.—For the pur- business and other relevant practices of per- has been verified in accordance with regula- pose of section 1108, emissions reported sons and entities in the private and public tions promulgated under section 1104(c)(1) under clause (i) shall be considered to be re- sectors that may be expected to participate and that relates to— ported by the entity to the registry. in the registry; and (i) with respect to the calendar year pre- (4) PROVISION OF VERIFICATION INFORMATION (F) the need of the registry to maintain ceding the calendar year in which the infor- BY REPORTING ENTITIES.—Each entity that valid and reliable information on baselines mation is submitted, and with respect to any submits a report under this subsection shall of entities so that, in the event of any future greenhouse gas emitted by the entity— provide information sufficient for each des- action by Congress to require entities, indi- (I) project reductions from facilities owned ignated agency to which the report is sub- vidually or collectively, to reduce green- or controlled by the reporting entity in the mitted to verify, in accordance with meas- house gas emissions, Congress will be able— United States; urement and verification methods and stand- (i) to take into account that information; (II) transfers of project reductions to and ards developed under section 1106, that the and from any other entity; greenhouse gas report of the reporting (ii) to avoid enacting legislation that pe- (III) project reductions and transfers of entity— nalizes entities for achieving and reporting project reductions outside the United States; (A) has been accurately reported; and reductions. (IV) other indirect emissions that are not (B) in the case of each voluntary report (d) ANNUAL REPORT.—The designated agen- required to be reported under paragraph (1); under paragraph (2), represents— cies shall jointly publish an annual report and (i) actual reductions in direct greenhouse that— (V) product use phase emissions; gas emissions— (1) describes the total greenhouse gas emis- (ii) with respect to greenhouse gas emis- (I) relative to historic emission levels of sions and emission reductions reported to sion reductions activities of the entity that the entity; and the database during the year covered by the have been carried out during or after 1990, (II) net of any increases in— report; verified in accordance with regulations pro- (aa) direct emissions; and (2) provides entity-by-entity and sector-by- mulgated under section 1104(c)(1), and sub- (bb) indirect emissions described in para- sector analyses of the emissions and emis- mitted to 1 or more designated agencies be- graph (1)(C)(ii); or sion reductions reported; fore the date that is 4 years after the date of (ii) actual increases in net sequestration. (3) describes the atmospheric concentra- enactment of this Act, any greenhouse gas (5) FAILURE TO SUBMIT REPORT.—An entity tions of greenhouse gases; and emission reductions that have been reported that participates or has participated in the (4) provides a comparison of current and or submitted by an entity under— registry and that fails to submit a report re- past atmospheric concentrations of green- (I) section 1605(b) of the Energy Policy Act quired under this subsection shall be prohib- house gases. of 1992 (42 U.S.C. 13385(b)); or ited from including emission reductions re- SEC. 1106. MEASUREMENT AND VERIFICATION. (II) any other Federal or State voluntary ported to the registry in the calculation of (a) STANDARDS.— greenhouse gas reduction program; and the baseline of the entity in future years. (1) IN GENERAL.—Not later than 1 year after (iii) any project or activity for the reduc- (6) INDEPENDENT THIRD-PARTY the date of enactment of this Act, the des- tion of greenhouse gas emissions or seques- VERIFICATION.—To meet the requirements of ignated agencies shall jointly develop com- tration of a greenhouse gas that is carried this section and section 1106, a entity that is prehensive measurement and verification out by the entity, including a project or ac- required to submit a report under this sec- methods and standards to ensure a con- tivity relating to— tion may— sistent and technically accurate record of (I) fuel switching; (A) obtain independent third-party greenhouse gas emissions, emission reduc- (II) energy efficiency improvements; verification; and tions, sequestration, and atmospheric con- (III) use of renewable energy; (B) present the results of the third-party centrations for use in the registry. (IV) use of combined heat and power sys- verification to each appropriate designated (2) REQUIREMENTS.—The methods and tems; agency. standards developed under paragraph (1) (V) management of cropland, grassland, or (7) AVAILABILITY OF DATA.— shall address the need for— grazing land; (A) IN GENERAL.—The designated agencies (A) standardized measurement and (VI) a forestry activity that increases for- shall ensure, to the maximum extent prac- verification practices for reports made by all est carbon stocks or reduces forest carbon ticable, that information in the database is— entities participating in the registry, taking emissions; (i) published; into account— (VII) carbon capture and storage; (ii) accessible to the public; and (i) protocols and standards in use by enti- (VIII) methane recovery; (iii) made available in electronic format on ties desiring to participate in the registry as (IX) greenhouse gas offset investment; and the Internet. of the date of development of the methods (X) any other practice for achieving green- (B) EXCEPTION.—Subparagraph (A) shall and standards under paragraph (1); house gas reductions as recognized by 1 or not apply in any case in which the des- (ii) boundary issues, such as leakage and more designated agencies. ignated agencies determine that publishing shifted use; (3) EXEMPTIONS FROM REPORTING.— or otherwise making available information (iii) avoidance of double counting of green- (A) IN GENERAL.—If the Director of the Of- described in that subparagraph poses a risk house gas emissions and emission reductions; fice of National Climate Change Policy de- to national security. and termines under section 1108(b) that the re- (8) DATA INFRASTRUCTURE.—The designated (iv) such other factors as the designated porting requirements under paragraph (1) agencies shall ensure, to the maximum ex- agencies determine to be appropriate; shall apply to all entities (other than enti- tent practicable, that the database uses, and (B) measurement and verification of ac- ties exempted by this paragraph), regardless is integrated with, Federal, State, and re- tions taken to reduce, avoid, or sequester of participation or nonparticipation in the gional greenhouse gas data collection and re- greenhouse gas emissions;

VerDate 11-MAY-2000 03:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.007 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3357 (C) in coordination with the Secretary of Director of the Office of National Climate house gas emissions, direct or indirect, from Agriculture, measurement of the results of Change Policy shall determine whether the their facilities, and to the extent prac- the use of carbon sequestration and carbon reports submitted to the registry under sec- ticable, from other types of sources; recapture technologies, including— tion 1105(c)(1) represent less than 60 percent (3) to adopt a procedure and uniform for- (i) organic soil carbon sequestration prac- of the national aggregate anthropogenic mat for such persons and entities to estab- tices; and greenhouse gas emissions. lish and report voluntarily greenhouse gas (ii) forest preservation and reforestation (b) INCREASED APPLICABILITY OF REQUIRE- emission baselines in connection with, and activities that adequately address the issues MENTS.—If the Director of the Office of Na- furtherance of, such reductions; of permanence, leakage, and verification; tional Climate Change Policy determines (4) to provide verification mechanisms to (D) such other measurement and under subsection (a) that less than 60 percent ensure for participants and the public a high verification standards as the Secretary of of the aggregate national anthropogenic level of confidence in accuracy and Commerce, the Secretary of Agriculture, the greenhouse gas emissions are being reported verifiability of reports made to the national Administrator, and the Secretary of Energy to the registry— registry; determine to be appropriate; and (1) the reporting requirements under sec- (5) to encourage persons and entities, (E) other factors that, as determined by tion 1105(c)(1) shall apply to all entities (ex- through voluntary agreement with the Sec- the designated agencies, will allow entities cept entities exempted under section retary, to report annually greenhouse gas to adequately establish a fair and reliable 1105(c)(3)), regardless of any participation or emissions from their facilities; measurement and reporting system. nonparticipation by the entities in the reg- (6) to provide to persons or entities that (b) REVIEW AND REVISION.—The designated istry; and engage in such voluntary agreements and re- agencies shall periodically review, and revise (2) each entity shall submit a report de- duce their emissions transferable credits as necessary, the methods and standards de- scribed in section 1105(c)(1)— which, inter alia, shall be available for use veloped under subsection (a). (A) not later than the earlier of— by such persons or entities for any incentive, (c) PUBLIC PARTICIPATION.—The Secretary (i) April 30 of the calendar year imme- market-based, or regulatory programs deter- of Commerce shall— diately following the year in which the Di- mined by the Congress in a future enactment (1) make available to the public for com- rector of the Office of National Climate to be necessary and feasible to reduce the ment, in draft form and for a period of at Change Policy makes the determination risk of climate change and its impacts; and least 90 days, the methods and standards de- under subsection (a); or (7) to provide for the registration, transfer veloped under subsection (a); and (ii) the date that is 1 year after the date on and tracking of the ownership or holding of (2) after the 90-day period referred to in which the Director of the Office of National such credits for purposes of facilitating vol- paragraph (1), in coordination with the Sec- Climate Change Policy makes the deter- untary trading among persons and entities. retary of Energy, the Secretary of Agri- mination under subsection (a); and SEC. 1103. DEFINITIONS. culture, and the Administrator, adopt the (B) annually thereafter. In this title— methods and standards developed under sub- (c) RESOLUTION OF DISAPPROVAL.—For the (1) ‘‘person’’ means an individual, corpora- section (a) for use in implementing the data- purposes of this section, the determination tion, association, joint venture, cooperative, base. of the Director of the Office of National Cli- or partnership; (d) EXPERTS AND CONSULTANTS.— mate Change Policy under subsection (a) (2) ‘‘entity’’ means a public person, a Fed- (1) IN GENERAL.—The designated agencies shall be considered to be a major rule (as de- eral, interstate, State, or local governmental may obtain the services of experts and con- fined in section 804(2) of title 5, United agency, department, corporation, or other sultants in the private and nonprofit sectors States Code) subject to the congressional publicly owned organization; in accordance with section 3109 of title 5, disapproval procedure under section 802 of (3) ‘‘facility’’ means those buildings, struc- United States Code, in the areas of green- title 5, United States Code. tures, installations, or plants (including house gas measurement, certification, and SEC. 1109. ENFORCEMENT. units thereof) that are on contiguous or ad- emission trading. If an entity that is required to report jacent land, are under common control of the (2) AVAILABLE ARRANGEMENTS.—In obtain- greenhouse gas emissions under section same person or entity and are a source of ing any service described in paragraph (1), 1105(c)(1) or 1108 fails to comply with that re- emissions of greenhouse gases in excess for the designated agencies may use any avail- quirement, the Attorney General may, at the emission purposes of a threshold as recog- able grant, contract, cooperative agreement, request of the designated agencies, bring a nized by the guidelines issued under this or other arrangement authorized by law. civil action in United States district court title; SEC. 1107. INDEPENDENT REVIEWS. against the entity to impose on the entity a (4) ‘‘reductions’’ means actions, projects or (a) IN GENERAL.—Not later than 5 years civil penalty of not more than $25,000 for measures taken, whether in the United after the date of enactment of this Act, and each day for which the entity fails to comply States or internationally, by a person or en- every 3 years thereafter, the Comptroller with that requirement. tity to reduce, avoid or sequester, directly or General of the United States shall submit to SEC. 1110. REPORT ON STATUTORY CHANGES indirectly, emissions of one or more green- Congress a report that— AND HARMONIZATION. house gases; (1) describes the efficacy of the implemen- Not later than 3 years after the date of en- (5) ‘‘greenhouse gas’’ means— tation and operation of the database; and actment of this Act, the President shall sub- (A) an anthropogenic gaseous constituent (2) includes any recommendations for im- mit to Congress a report that describes any of the atmosphere (including carbon dioxide, provements to this title and programs car- modifications to this title or any other pro- methane, nitrous oxide, chlorofluorocarbons, ried out under this title— vision of law that are necessary to improve hydrofluorocarbons, perfluorocarbons, sulfur (A) to achieve a consistent and technically the accuracy or operation of the database hexafluoride, and tropospheric ozone) that accurate record of greenhouse gas emissions, and related programs under this title. absorbs and re-emits infrared radiation and emission reductions, and atmospheric con- SEC. 1111. AUTHORIZATION OF APPROPRIATIONS. influences climate; and centrations; and There are authorized to be appropriated (B) an anthropogenic aerosol (such a black (B) to achieve the purposes of this title. such sums as are necessary to carry out this soot) that absorbs solar radiation and influ- (b) REVIEW OF SCIENTIFIC METHODS.—The title. ences climate; designated agencies shall enter into an (6) ‘‘Secretary’’ means the Secretary of En- agreement with the National Academy of AMENDMENT NO. 3146, AS FURTHER MODIFIED ergy; Sciences under which the National Academy (Purpose: To establish a national registry for (7) ‘‘Administrator’’ means the Adminis- of Sciences shall— accurate and reliable reports of greenhouse trator of the Energy Information Adminis- (1) review the scientific methods, assump- gas emissions, and to further encourage tration; and tions, and standards used by the designated voluntary reductions in such emissions) (8) ‘‘Interagency Task Force’’ means the agencies in implementing this title; Strike Title XI and insert the following: Interagency Task Force established under (2) not later than 4 years after the date of TITLE XI—NATIONAL GREENHOUSE GAS title X of this Act. enactment of this Act, submit to Congress a REGISTRY SEC. 1104. ESTABLISHMENT. report that describes any recommendations SEC. 1101. SHORT TITLE. (a) IN GENERAL.—Not later than 1 year for improving— This title may be cited as the ‘‘National after the enactment of this title, the Presi- (A) those methods and standards; and Climate Registry Initiative of 2002’’. dent shall, in consultation with the Inter- (B) related elements of the programs, and SEC. 1102. PURPOSE. agency Task Force, establish a National structure of the database, established by this The purpose of this title is to establish a Greenhouse Gas Registry to be administered title; and new national greenhouse gas registry— by the Secretary through the Administrator (3) regularly review and update as appro- (1) to further encourage voluntary efforts, in accordance with the applicable provisions priate the list of anthropogenic climate-forc- by persons and entities conducting business of this title, section 205 of the Department of ing emissions with significant global warm- and other operations in the United States, to Energy Act (42 U.S.C. 7135) and other appli- ing potential described in section 1102(8)(G). implement actions, projects and measures cable provisions of that Act (42 U.S.C. 7101, SEC. 1108. REVIEW OF PARTICIPATION. that reduce greenhouse gas emissions; et seq.). (a) IN GENERAL.—Not later than 5 years (2) to encourage such persons and entities (b) DESIGNATION.—Upon establishment of after the date of enactment of this Act, the to monitor and voluntarily report green- the registry and issuance of the guidelines

VerDate 11-MAY-2000 03:35 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.007 pfrm12 PsN: S25PT1 S3358 CONGRESSIONAL RECORD — SENATE April 25, 2002 pursuant to this title, such registry shall ated by the Secretary pursuant to direction representative period preceding the effective thereafter be the depository for the United of the President issued prior to the enact- date of the agreement; and States of data on greenhouse gas emissions ment of this title; (B) emissions reduction goals, taking into and emissions reductions collected from and (2) protocols and guidelines developed consideration the baseline emissions level reported by persons or entities with facilities under any Federal, State, local, or private determined under subparagraph (A) and any or operations in the United States, pursuant voluntary greenhouse gas emissions report- relevant economic and operational factors to the guidelines issued under this title. ing or reduction programs; that may affect such baseline emissions level (c) PARTICIPATION.—Any person or entity (3) the various differences and potential over the duration of the agreement; and conducting business or activities in the uniqueness of the facilities, operations and (4) for certified emissions reductions made United States may, in accordance with the business and other relevant practices of per- relative to the baseline emissions level, the guidelines established pursuant to this title, sons and entities in the private and public Secretary shall provide, at the request of the voluntarily report its total emissions levels sectors that may be expected to participate person or entity, transferable credits (with and register its certified emissions reduc- in the registry; unique assigned serial numbers) to the per- tions with such registry, provided that such (4) issues, such as comparability, that are son or entity (and successors thereto) which, reports— associated with the reporting of both emis- inter alia,— (1) represent a complete and accurate in- sions baselines and reductions from activi- (A) can be used by such person or entity to- ventory of emissions from facilities and op- ties and projects; and wards meeting emissions reductions goals erations within the United States and any (5) the appropriate level or threshold emis- set forth under the agreement; domestic or international reduction activi- sions applicable to a facility or activity of a (B) can be transferred to other persons or ties; and person or entity that may be reasonably and entities through a voluntary private trans- (2) have been verified as accurate by an cost effectively identified, measured and re- action between persons or entities; or independent person certified pursuant to ported voluntarily, taking into consideration (C) may be applicable towards any incen- guidelines developed pursuant to this title, different types of facilities and activities and tive, market-based, or regulatory programs or other means. the de minimis nature of some emissions and determined by the Congress in a future en- actment to be necessary and feasible to re- SEC. 1105. IMPLEMENTATION. their sources; and duce the risk of climate change and its im- (a) GUIDELINES.—Not later than 1 year (6) any other consideration the Secretary pacts. after the date of establishment of the reg- may deem appropriate. (b) PUBLIC NOTICE AND COMMENT.—At least istry pursuant to this title, the Secretary (c) EXPERTS AND CONSULTANTS.—The Sec- 30 days before any agreement is final, the shall, in consultation with the Interagency retary, and any member of the Interagency Secretary shall give notice thereof in the Task Force, issue guidelines establishing Task Force, may secure the services of ex- Federal Register and provide an opportunity procedures for the administration of the na- perts and consultants in the private and non- for public written comment. After reviewing tional registry. Such guidelines shall profit sectors in accordance with the provi- such comments, the Secretary may withdraw include— sions of section 3109 of title 5, United States the agreement or the parties thereto may (1) means and methods for persons or enti- Code, in the areas of greenhouse gas meas- mutually agree to revise it or finalize it ties to determine, quantify, and report by urement, certification, and emissions trad- without substantive change. Such agreement appropriate and credible means their base- ing. In securing such services, any grant, shall be retained in the national registry and line emissions levels on an annual basis, tak- contract, cooperative agreement, or other be available to the public. ing into consideration any reports made by arrangement authorized by law and already (c) EMISSIONS IN EXCESS.—In the event that such participants under past Federal pro- available to the Secretary or the member of the Interagency Task Force securing such a person or entity fails to certify that emis- grams; sions from applicable facilities and oper- (2) procedures for the use of an independent services may be used. (d) TRANSFERABILITY OF PRIOR REPORTS.— ations are less than the emissions reduction third-party or other effective verification goals contained in the agreement, such per- process for reports on emissions levels and Emission reports and reductions that have been made by a person or entity pursuant to son or entity shall take actions as necessary emissions reductions, using the authorities to reduce such excess emissions, including— available to the Secretary under this and section 1605(b) of the Energy Policy Act of 1992 (42 U.S.C. 13385(b)) or under other Fed- (1) redemption of transferable credits ac- other provisions of law and taking into ac- quired in previous years if owned by the per- count, to the extent possible, costs, risks, eral or State voluntary greenhouse gas re- duction programs may be independently son or entity; the voluntary nature of the registry, and (2) acquisition of transferable credits from verified and registered with the registry other relevant factors; other persons or entities participating in the using the same guidelines developed by the (3) a range of reference cases for reporting registry through their own agreements; or Secretary pursuant to this section. of project-based reductions in various sec- (3) the undertaking of additional emissions (e) PUBLIC COMMENT.—The Secretary shall tors, and the inclusion of benchmark and de- reductions activities in subsequent years as make such guidelines available in draft form fault methodologies and practices for use as may be determined by agreement with the for public notice and opportunity for com- reference cases for eligible projects; Secretary. ments for a period of at least 90 days, and (4) safeguards to prevent and address re- (d) NO NEW AUTHORITY.—This section shall thereafter shall adopt them for use in imple- porting, inadvertently or otherwise, of some not be construed as providing any regulatory mentation of the registry established pursu- or all of the same greenhouse gas emissions or mandate authority regarding reporting of ant to this title. or reductions by more than one reporting such emissions or reductions. (f) REVIEW AND REVISION.—The Secretary, person or entity and to make corrections and SEC. 1107. MEASUREMENT AND VERIFICATION. adjustments in data where necessary; through the Interagency Task Force, shall periodically thereafter review the guidelines (a) IN GENERAL.—The Secretary of Com- (5) procedures and criteria for the review merce, through the National Institute of and registration of ownership or holding of and, as needed, revise them in the same man- ner as provided for in this section. Standards and Technology and in consulta- all or part of any reported and independently tion with the Secretary of Energy, shall de- verified emission reduction projects, actions SEC. 1106. VOLUNTARY AGREEMENTS. velop and propose standards and practices and measures relative to such reported base- (a) IN GENERAL.—In furtherance of the pur- for accurate measurement and verification line emissions level; poses of this title, any person or entity, and of greenhouse gas emissions reductions. Such (6) measures or a process for providing to the Secretary, may voluntarily enter into an standards and best practices shall address such persons or entities transferable credits agreement to provide that— the need for— with unique serial numbers for such verified (1) such person or entity (and successors (1) standardized measurement and emission reductions; and thereto) shall report annually to the registry verification practices for reports made by all (7) accounting provisions needed to allow on emissions and sources of greenhouse gases persons or entities participating in the reg- for changes in registration and transfer of from applicable facilities and operations istry, taking into account— ownership of such credits resulting from a which generate net emissions above any de (A) existing protocols and standards al- voluntary private transaction between per- minimis thresholds specified in the guide- ready in use by persons or entities desiring sons or entities, provided that the Secretary lines issued by the Secretary pursuant to to participate in the registry; is notified of any such transfer within 30 this title; (B) boundary issues such as leakage and days of the transfer having been effected ei- (2) such person or entity (and successors shifted utilization; ther by private contract or market mecha- thereto) shall commit to report and partici- (C) avoidance of double-counting of green- nism. pate in the registry for a period of at least 5 house gas emissions and emissions reduc- (b) CONSIDERATION.—In developing such calendar years, provided that such agree- tions; and guidelines, the Secretary shall take into ments may be renewed by mutual consent; (D) such other factors as the panel deter- consideration— (3) for purposes of measuring performance mines to be appropriate; (1) the existing guidelines for voluntary under the agreement, such person or entity (2) measurement and verification of ac- emissions reporting issued under section (and successors thereto) shall determine, by tions taken to reduce, avoid or sequester 1605(b) of the Energy Policy Act of 1992 (42 mutual agreement with the Secretary— greenhouse gas emissions; U.S.C. 13385(b)), experience in applying such (A) pursuant to the guidelines issued under (3) in coordination with the Secretary of guidelines, and any revisions thereof initi- this title, a baseline emissions level for a Agriculture, measurement of the results of

VerDate 11-MAY-2000 03:35 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.010 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3359 the use of carbon sequestration and carbon in the official U.S. Inventory of Greenhouse more than $25,000 for each day for which the recapture technologies, including— Gas Emissions and Sinks published by the entity fails to comply with that require- (A) organic soil carbon sequestration prac- Environmental Protection Agency for the ment. tices; previous calendar year. (e) RESOLUTION OF DISAPPROVAL.—If made, (B) forest preservation and re-forestation (b) MANDATORY REPORTING.—If the Direc- the determination of the Director of the Of- activities which adequately address the tor of the Office of National Climate Change fice of National Climate Change Policy made issues of permanence, leadage, and Policy determines under subsection (a) that under subsection (a) shall be considered to be verification; and less than 60 percent of such aggregate green- a major rule (as defined in section 804(2) of (4) such other measurement and house gas emissions are being reported to title 5, United States Code) subject to the verification standards as the Secretary of the registry— congressional disapproval procedure under Commerce, the Secretary of Agriculture and (1) all persons or entities, regardless of section 802 of title 5, United States Code. the Secretary of Energy shall determine to their participation in the registry, shall sub- SEC. 1111. NATIONAL ACADEMY REVIEW. be appropriate. mit to the Secretary a report that describes, Not later than 1 year after guidelines are (b) PUBLIC COMMENT.—The Secretary of for the preceding calendar year, a complete issued for the registry pursuant to this title, Commerce shall make such standards and inventory of greenhouse gas emissions (as re- the Secretary, in consultation with the practices available in draft form for public ported at the facility level), including— Interagency Task Force, shall enter into an notice and opportunity for comment for a pe- (A) the total quantity of each greenhouse agreement with the National Academy of riod of at least 90 days, and thereafter shall gas emitted by such person or entity, ex- Sciences to review the scientific and techno- adopt them, in coordination with the Sec- pressed in terms of mass and in terms of the logical methods, assumptions, and standards retary of Energy, for use in the guidelines quantity of carbon dioxide equivalent; used by the Secretary and the Secretary of for implementation of the registry as issued (B) an estimate of the emissions from prod- Commerce for such guidelines and report to pursuant to this title. ucts manufactured and sold by such person the President and the Congress on the re- SEC. 1108. CERTIFIED INDEPENDENT THIRD PAR- or entity in the previous calendar year, de- sults of that review, together with such rec- TIES. termined over the average lifetime of those ommendations as may be appropriate within (a) CERTIFICATION.—The Secretary of Com- products; and 6 months after the effective date of that merce shall, through the Director of the Na- (C) such other categories of emissions as agreement. tional Institute of Standards and Technology the Secretary determines by regulation to be AMENDMENT NO. 3082 and the Administer, develop standards for practicable and useful for the purposes of certification of independent persons to act as this title, such as— (Purpose: To provide that certain gasoline certified parties to be employed in verifying (i) direct emissions from statutory sources; and diesel fuel be treated as entered into the accuracy and reliability of reports made (ii) indirect emissions from imported elec- the customs territory of the United States) under this title, including standards that— tricity, heat, and stream; At the appropriate place, insert the fol- (1) prohibit a certified party from them- (iii) process and fugitive emissions; and lowing: selves participating in the registry through (iv) production or importation of green- SEC. ll. SALE OF GASOLINE AND DIESEL FUEL the ownership or transition of transferable house gases; and AT DUTY-FREE SALES ENTERPRISES. credits recorded in the registry; (2) each person or entity shall submit a re- (a) PROHIBITION.—Section 555(b) of the Tar- (2) prohibit the receipt by a certified party port described in this section— iff Act of 1930 (19 U.S.C. 1555(b)) is amended— of compensation in the form of a commission (A) not later than the earlier of— (1) by redesignating paragraphs (6) through where such party receives payment based on (i) April 30 of the calendar year imme- (8) as paragraphs (7) through (9), respec- the amount of emissions reductions; verified; diately following the year in which the Di- tively; and and rector of the Office of National Climate (2) by inserting after paragraph (5) the fol- (3) authorize such certified parties to enter Change Policy makes the determination lowing: into agreements with persons engaged in under subsection (a); or ‘‘(6) Any gasoline or diesel fuel sold at a trading of transferable credits recorded in (ii) the date that is 1 year after the date on duty-free sales enterprise shall be considered the registry. which the Director of the Office of National to be entered for consumption into the cus- (b) LIST OF CERTIFIED PARTIES.—The Sec- Climate Change Policy makes determination toms territory of the United States.’’. retary shall maintain and make available to under subsection (a); and (b) CONSTRUCTION.—The amendments made persons or entities making reports under (B) annually thereafter. by this section shall not be construed to cre- XEMPTIONS FROM REPORTING.— this title and to the public upon request a (c) E ate any inference with respect to the inter- (1) IN GENERAL.—A person or entity shall list of such certified parties and their clients pretation of any provision of law as such pro- be required to submit reports under sub- making reports under this title. vision was in effect on the day before the section (b) only if, in calendar year after the SEC. 1109. REPORT TO CONGRESS. date of enactment of this Act. date of enactment of this title— (c) EFFECTIVE DATE.—The amendments Not later than 1 year after guidelines are (A) the total greenhouse gas emissions of made by this section shall take effect on the issued for the registry pursuant to this title, at least 1 facility owned by the person or en- date of enactment of this Act. and biennially thereafter, the President, tity exceeds 10,000 metric tons of carbon di- through the Interagency Task Force, shall oxide equivalent greenhouse gas (or such AMENDMENT NO. 3355 report to the Congress on the status of the greater quantity as may be established by a (Purpose: To amend the Internal Revenue registry established by this title. The report designated agency by regulation); Code of 1986 to extend the energy credit to shall include— (B) the total quantity of greenhouse gas stationary microturbine power plants) (a) an assessment of the level of participa- produced, distributed, or imported by the In Division H, beginning on page 103, line 1, tion in the registry (both by sector and in person or entity exceeds 10,000 metric tons of terms of total national emissions rep- strike all through page 105, line 12, and in- carbon dioxide equivalent greenhouse gas (or sert the following: resented); such greater quantity as may be established SEC. 2104. CREDIT FOR BUSINESS INSTALLATION (b) effectiveness of voluntary reporting by a designated agency by regulation); or agreements in enhancing participation the OF QUALIFIED FUEL CELLS AND (C) the person or entity is not a feedlot or STATIONARY MICROTURBINE registry; other farming operation (as defined in sec- POWER PLANTS. (c) use of the registry for emissions trading tion 101 of title 11, United States Code). (a) IN GENERAL.—Subparagraph (A) of sec- and other purposes; (2) ENTITIES ALREADY REPORTING.—A person tion 48(a)(3) (defining energy property) is (d) assessment of progress towards indi- or entity that, as of the date of enactment of amended by striking ‘‘or’’ at the end of vidual and national emissions reduction this title, is required to report carbon diox- clause (i), by adding ‘‘or’’ at the end of goals; and ide emissions data to a Federal agency shall clause (ii), and by inserting after clause (ii) (e) an inventory of administrative actions not be required to report that data again for the following new clause: taken or planned to improve the national the purposes of this title. Such emissions ‘‘(iii) qualified fuel cell property or quali- registry or the guidelines, or both, and such data shall be considered to be reported by fied microturbine property,’’. recommendations for legislative changes to the entity to the registry for the purpose of (b) QUALIFIED FUEL CELL PROPERTY; QUALI- this title or section 1604 of the Energy Policy this title and included in the determination FIED MICROTURBINE PROPERTY.—Subsection Act of 1992 (42 U.S.C. 13385) as the President of the Director of the Office of National Cli- (a) of section 48 is amended by redesignating believes necessary to better carry out the mate Change Policy made under subsection paragraphs (4) and (5) as paragraphs (5) and purposes of this title. (a). (6), respectively, and by inserting after para- SEC. 1110. REVIEW OF PARTICIPATION. (d) ENFORCEMENT.—If a person or entity graph (3) the following new paragraph: (a) IN GENERAL.—Not later than 5 years that is required to report greenhouse gas ‘‘(4) QUALIFIED FUEL CELL PROPERTY; QUALI- after the date of enactment of this title, the emissions under this section fails to comply FIED MICROTURBINE PROPERTY.—For purposes Director of the Office of National Climate with that requirement, the Attorney General of this subsection— Change Policy shall determine whether the may, at the request of the Secretary, bring a ‘‘(A) QUALIFIED FUEL CELL PROPERTY.— reports submitted to the registry represents civil action in the United States district ‘‘(i) IN GENERAL.—The term ‘qualified fuel less than 60 percent of the national aggre- court against the person or entity to impose cell property’ means a fuel cell power plant gate greenhouse gas emissions as inventoried on the person or entity a civil penalty of not that—

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‘‘(I) generates at least 1 kilowatt of elec- (e) EFFECTIVE DATE.—The amendments SEC. ll. SALE OF GASOLINE AND DIESEL FUEL tricity using an electrochemical process, and made by this subsection shall apply to prop- AT DUTY-FREE SALES ENTERPRISES. ‘‘(II) has an electricity-only generation ef- erty placed in service after December 31, (a) PROHIBITION.—Section 555(b) of the Tar- ficiency greater than 30 percent. 2002, under rules similar to the rules of sec- iff Act of 1930 (19 U.S.C. 1555(b)) is amended— ‘‘(ii) LIMITATION.—In the case of qualified tion 48(m) of the Internal Revenue Code of (1) by redesignating paragraphs (6) through fuel cell property placed in service during 1986 (as in effect on the day before the date (8) as paragraphs (7) through (9), respec- the taxable year, the credit determined of the enactment of the Revenue Reconcili- tively; and under paragraph (1) for such year with re- ation Act of 1990). (2) by inserting after paragraph (5) the fol- spect to such property shall not exceed an lowing: amount equal to the lesser of— AMENDMENT NO. 3335 ‘‘(6) Any gasoline or diesel fuel sold at a ‘‘(I) 30 percent of the basis of such prop- (Purpose: To amend the Internal Revenue duty-free sales enterprise shall be considered erty, or Code of 1986 to extend the credit for the to be entered for consumption into the cus- ‘‘(II) $1,000 for each kilowatt of capacity of production of fuel from non-conventional toms territory of the United States.’’. such property. sources with respect to certain existing fa- (b) CONSTRUCTION.—The amendments made ‘‘(iii) FUEL CELL POWER PLANT.—The term cilities) by this section shall not be construed to cre- ‘fuel cell power plant’ means an integrated In Division H, on page 202, between lines 22 ate any inference with respect to the inter- system comprised of a fuel cell stack assem- and 23, insert the following: pretation of any provision of law as such pro- bly and associated balance of plant compo- vision was in effect on the day before the (b) EXTENSION FOR CERTAIN FUEL PRODUCED nents that converts a fuel into electricity date of enactment of this Act. AT EXISTING FACILITIES.—Paragraph (2) of using electrochemical means. section 29(f) (relating to application of sec- (c) EFFECTIVE DATE.—The amendments ‘‘(iv) TERMINATION.—Such term shall not tion) is amended by inserting ‘‘(January 1, made by this section shall take effect on the include any property placed in service after 2005, in the case of any coke or coke gas pro- date of enactment of this Act. December 31, 2007. duced in a facility described in paragraph ‘‘(B) QUALIFIED MICROTURBINE PROPERTY.— (1)(B))’’ after ‘‘January 1, 2003’’. AMENDMENT NO. 3130 ‘‘(i) IN GENERAL.—The term ‘‘qualified (Purpose: To amend the Internal Revenue microturbine property’ means a stationary AMENDMENTS NOS. 3258 AND 3170 Mr. BINGAMAN. Madam President, I Code of 1986 to allow a credit against in- microturbine power plant which has an elec- come tax for taxpayers owning certain tricity-only generation efficiency not less ask unanimous consent that, notwith- commercial power takeoff vehicles) than 26 percent at International Standard standing rule XXII, it now be in order Organization conditions. On page 73, between lines 2 and 3, insert for the Senate to consider, en bloc, the following: ‘‘(ii) LIMITATION.—In the case of qualified amendment No. 3258 and amendment microturbine property placed in service dur- SEC. ll. CREDIT FOR TAXPAYERS OWNING COM- ing the taxable year, the credit determined No. 3170; that the latter be modified MERCIAL POWER TAKEOFF VEHI- under paragraph (1) for such year with re- with the changes that are at the desk; CLES. spect to such property shall not exceed an that the foregoing amendments be (a) IN GENERAL.—Subpart D of part IV of amount equal to the lesser of— agreed to en bloc, and that the motions subchapter A of chapter 1 (relating to busi- ‘‘(I) 10 percent of the basis of such prop- to reconsider be laid upon the table. ness-related credits), as amended by this erty, or The PRESIDING OFFICER. Without Act, is amended by adding at the end the fol- lowing new section: ‘‘(II) $200 for each kilowatt of capacity of objection, it is so ordered. such property. ‘‘SEC. 45K. COMMERCIAL POWER TAKEOFF VEHI- The amendments (Nos. 3258 and 3170, CLES CREDIT. ‘‘(iii) STATIONARY MICROTURBINE POWER as modified), en bloc, were agreed to, as PLANT.—The term ‘stationary microturbine ‘‘(a) GENERAL RULE.—For purposes of sec- power plant means a system comprising of a follows: tion 38, the amount of the commercial power rotary engine which is actuated by the aero- AMENDMENT NO. 3258 takeoff vehicles credit determined under this dynamic reaction or impulse or both on ra- (Purpose: To strike the provision authorizing section for the taxable year is $250 for each dial or axial curved full-circumferential-ad- loan guarantees for an Alaska natural gas qualified commercial power takeoff vehicle mission airfoils on a central axial rotating transportation project) owned by the taxpayer as of the close of the spindle. Such system— Strike section 708. calendar year in which or with which the ‘‘(I) commonly includes an air compressor, taxable year of the taxpayer ends. combustor, gas pathways which lead com- AMENDMENT NO. 317 ‘‘(b) DEFINITIONS.—For purposes of this pressed air to the combustor and which lead Beginning on page 195, strike line 19 and section— hot combusted gases from the combustor to all that follows through page 196, line 4, and ‘‘(1) QUALIFIED COMMERCIAL POWER TAKEOFF 1 or more rotating turbine spools, which in insert the following: VEHICLE.—The term ‘qualified commercial turn drive the compressor and power output ‘‘(B) PETITIONS FOR WAIVERS.—The Admin- power takeoff vehicle’ means any highway shaft, istrator in consultation with the Secretary vehicle described in paragraph (2) which is ‘‘(II) includes a fuel compressor, of Agriculture and the Secretary of Energy, propelled by any fuel subject to tax under recuperator/regenerator, generator or alter- shall approve or disapprove a State petition section 4041 or 4081 if such vehicle is used in nator, integrated combined cycle equipment, for a waiver of the requirement of paragraph a trade or business or for the production of cooling-heating-and-power equipment, sound (2) within 90 days after the date on which the income (and is licensed and insured for such attenuation apparatus, and power condi- petition is received by the Administrator. use). ‘‘(2) HIGHWAY VEHICLE DESCRIBED.—A high- tioning equipment, and AMENDMENTS NOS. 3082, 3130, 3331, 3336, 3338, 3349, way vehicle is described in this paragraph if ‘‘(III) includes all secondary components 3350, 3351, 3352, 3353, 3356, AND 3359 located between the existing infrastructure such vehicle is— Mr. BINGAMAN. Madam President, I ‘‘(A) designed to engage in the daily collec- for fuel delivery and the existing infrastruc- ask unanimous consent that, notwith- ture for power distribution, including equip- tion of refuse or recyclables from homes or ment and controls for meeting relevant standing rule XXII, it now be in order businesses and is equipped with a mechanism power standards, such as voltage, frequency, for the Senate to consider, en bloc, under which the vehicle’s propulsion engine and power factors. amendments No. 3082, No. 3130, No. provides the power to operate a load com- ‘‘(iv) TERMINATION.—Such term shall not 3331, No. 3336, No. 3338, No. 3349, No. pactor, or include any property placed in service after 3350, No. 3351, No. 3352, No. 3353, No. ‘‘(B) designed to deliver ready mixed con- December 31, 2006.’’. 3356, and No. 3359; that the foregoing crete on a daily basis and is equipped with a mechanism under which the vehicle’s propul- (c) LIMITATION.—Section 48(a)(2)(A) (relat- amendments be agreed to en bloc, and ing to energy percentage) is amended to read sion engine provides the power to operate a as follows: that the motions to reconsider be laid mixer drum to agitate and mix the product ‘‘(A) IN GENERAL.—The energy percentage on the table. en route to the delivery site. is— The PRESIDING OFFICER. Without ‘‘(c) EXCEPTION FOR VEHICLES USED BY GOV- ‘‘(i) in the case of qualified fuel cell prop- objection, it is so ordered. ERNMENTS, ETC.—No credit shall be allowed erty, 30 percent, and The amendments (Nos. 3082, 3130, under this section for any vehicle owned by ‘‘(ii) in the case of any other energy prop- 3331, 3336, 3338, 3349, 3350, 3351, 3352, 3353, any person at the close of a calendar year if erty, 10 percent.’’. 3356 and 3359) were agreed to, as fol- such vehicle is used at any time during such (d) CONFORMING AMENDMENTS.— lows: year by— (A) Section 29(b)(3)(A)(i)(III) is amended by ‘‘(1) the United States or an agency or in- striking ‘‘section 48(a)(4)(C)’’ and inserting AMENDMENT NO. 3082 strumentality thereof, a State, a political ‘‘section 48(a)(5)(C)’’. (Purpose: To provide that certain gasoline subdivision of a State, or an agency or in- (B) Section 48(a)(1) is amended by inserting and diesel fuel be treated as entered into strumentality of one or more States or polit- ‘‘except as provided in subparagraph (A)(ii) the customs territory of the United States) ical subdivisions, or or (B)(ii) of paragraph (4),’’ before ‘‘the en- At the appropriate place, insert the fol- ‘‘(2) an organization exempt from tax ergy’’. lowing: under section 501(a).

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‘‘(d) DENIAL OF DOUBLE BENEFIT.—The ignating subsection (k) as subsection (l) and (2) EFFECTIVE DATE.—The amendment amount of any deduction under this subtitle inserting after subsection (j) the following made by this subsection shall apply to dis- for any tax imposed by subchapter B of chap- new subsection: positions made and amounts received in tax- ter 31 or part III of subchapter A of chapter ‘‘(k) QUALIFIED DISPOSITION TO IMPLEMENT able years ending after May 22, 2001. 32 for any taxable year shall be reduced (but BOVINE TUBERCULOSIS ERADICATION PRO- (b) DEDUCTION OF QUALIFIED RECLAMATION not below zero) by the amount of the credit GRAM.— EXPENDITURES.— determined under this subsection for such ‘‘(1) IN GENERAL.—For purposes of this sub- (1) IN GENERAL.—Part VI of subchapter B of taxable year. title, if a taxpayer elects the application of chapter 1 (relating to itemized deductions ‘‘(e) TERMINATION.—This section shall not this subsection to a qualified disposition: for individuals and corporations), as amend- apply with respect to any calendar year after ‘‘(A) TREATMENT AS INVOLUNTARY CONVER- ed by this Act, is amended by adding at the 2004.’’. SION.—Such disposition shall be treated as an end the following new section: (b) CREDIT MADE PART OF GENERAL BUSI- involuntary conversion to which this section ‘‘SEC. 199B. EXPENSING OF DAIRY PROPERTY NESS CREDIT.—Subsection (b) of section 38 applies. RECLAMATION COSTS. (relating to general business credit), as ‘‘(B) MODIFICATION OF SIMILAR PROPERTY ‘‘(a) IN GENERAL.—Notwithstanding section amended by this Act, is amended by striking REQUIREMENT.—Property to be held by the 280B (relating to demolition of structures), a ‘‘plus’’ at the end of paragraph (22), by strik- taxpayer either for productive use in a trade taxpayer may elect to treat any qualified ing the period at the end of paragraph (23) or business or for investment shall be treat- reclamation expenditure which is paid or in- and inserting ‘‘, plus’’, and by adding at the ed as property similar or related in service curred by the taxpayer as an expense which end the following new paragraph: or use to the property disposed of. is not chargeable to capital account. Any ex- ‘‘(24) the commercial power takeoff vehi- ‘‘(C) EXTENSION OF PERIOD FOR REPLACING penditure which is so treated shall be al- cles credit under section 45K(a).’’. PROPERTY.—Subsection (a)(2)(B)(i) shall be lowed as a deduction for the taxable year in (c) CLERICAL AMENDMENT.—The table of applied by substituting ‘4 years’ for ‘2 years’. which it is paid or incurred. sections for subpart D of part IV of sub- ‘‘(D) WAIVER OF UNRELATED PERSON RE- ‘‘(b) QUALIFIED RECLAMATION EXPENDI- chapter A of chapter 1, as amended by this QUIREMENT.—Subsection (i) (relating to re- TURE.— Act, is amended by adding at the end the fol- placement property must be acquired from ‘‘(1) IN GENERAL.—For purposes of this sub- lowing new item: unrelated person in certain cases) shall not paragraph, the term ‘qualified reclamation apply. expenditure’ means amounts otherwise ‘‘Sec. 45K. Commercial power takeoff vehi- ‘‘(E) EXPANDED CAPITAL GAIN FOR CATTLE chargeable to capital account and paid or in- cles credit.’’. AND HORSES.—Section 1231(b)(3)(A) shall be curred to convert any real property certified (d) REGULATIONS.—Not later than January applied by substituting ‘1 month’ for ‘24 under section 1033(k)(2) (relating to qualified 1, 2005, the Secretary of the Treasury, in con- months’. disposition) into unimproved land. ‘‘(2) QUALIFIED DISPOSITION.— sultation with the Secretary of Energy, shall ‘‘(2) SPECIAL RULE FOR EXPENDITURES FOR ‘‘(A) IN GENERAL.—For purposes of this sub- by regulation provide for the method of de- DEPRECIABLE PROPERTY.—A rule similar to termining the exemption from any excise tax section, the term ‘qualified disposition’ the rule of section 198(b)(2) (relating to spe- imposed under section 4041 or 4081 of the In- means the disposition of dairy property cial rule for expenditures for depreciable ternal Revenue Code of 1986 on fuel used which is certified by the Secretary of Agri- property) shall apply for purposes of para- culture as having been the subject of an through a mechanism to power equipment graph (1). agreement under the bovine tuberculosis attached to a highway vehicle as described in ‘‘(c) DEDUCTION RECAPTURED AS ORDINARY eradication program, as implemented pursu- section 45K(b)(2) of such Code, as added by INCOME.—Rules similar to the rules of sec- subsection (a). ant to the Declaration of Emergency Be- tion 198(e) (relating to deduction recaptured cause of Bovine Tuberculosis (65 Federal (e) EFFECTIVE DATE.—The amendments as ordinary income on sale, etc.) shall apply Register 63,227 (2000)). made by this section shall apply to taxable with respect to any qualified reclamation ex- ‘‘(B) PAYMENTS RECEIVED IN CONNECTION years beginning after the date of the enact- penditure. WITH THE BOVINE TUBERCULOSIS ERADICATION ment of this Act. ‘‘(d) TERMINATION.—This section shall not PROGRAM.—For purposes of this subsection, apply to expenditures paid or incurred after any amount received by a taxpayer in con- AMENDMENT NO. 3331 December 31, 2006.’’. nection with an agreement under such bo- (2) CLERICAL AMENDMENT.—The table of (Purpose: To further encourage development vine tuberculosis eradication program shall sections for part VI of subchapter B of chap- of hydrogen refueling infrastructure) be treated as received in a qualified disposi- ter 1, as amended by this Act, is amended by In Division H, on page 50, strike lines 23 tion. adding at the end the following new item: and 24, and insert the following: ‘‘(C) TRANSMITTAL OF CERTIFICATIONS.—The ‘‘(l) TERMINATION.—This section shall not Secretary of Agriculture shall transmit cop- ‘‘Sec. 199B. Expensing of dairy property rec- apply to any property placed in service— ies of certifications under this paragraph to lamation costs.’’. ‘‘(1) in the case of property relating to hy- the Secretary. (3) EFFECTIVE DATE.—The amendments drogen, after December 31, 2011, and ‘‘(3) ALLOWANCE OF THE ADJUSTED BASIS OF made by this subsection shall apply to ex- ‘‘(2) in the case of any other property, after CERTIFIED DAIRY PROPERTY AS A DEPRECIATION penditures paid or incurred in taxable years December 31, 2006.’’. DEDUCTION.—The adjusted basis of any prop- ending after May 22, 2001. (b) INCENTIVE FOR PRODUCTION OF HYDRO- erty certified under paragraph (2)(A) shall be GEN AT QUALIFIED CLEAN-FUEL VEHICLE RE- allowed as a depreciation deduction under AMENDMENT NO. 3338 FUELING PROPERTY.—Section 179A(d) (defin- section 167 for the taxable year which in- (Purpose: To amend the Internal Revenue ing qualified clean-fuel vehicle refueling cludes the date of the certification described Code of 1986 to modify energy credit for property) is amended by adding at the end in paragraph (2)(A). combined heat and power system property) the following new flush sentence: ‘‘(4) DAIRY PROPERTY.—For purposes of this subsection, the term ‘dairy property’ means In Division H, on page 123, after line 25, add ‘‘In the case of clean-burning fuel which is the following: hydrogen produced from another clean-burn- all tangible or intangible property used in connection with a dairy business or a dairy ‘‘(v) NONAPPLICATION OF CERTAIN RULES.— ing fuel, paragraph (3)(A) shall be applied by For purposes of determining if the term substituting ‘production, storage, or dis- processing plant. ‘‘(5) SPECIAL RULES FOR CERTAIN BUSINESS ‘combined heat and power system property’ pensing’ for ‘storage or dispensing’ both includes technologies which generate elec- places it appears.’’. ORGANIZATIONS.— ‘‘(A) S CORPORATIONS.—In the case of an S tricity or mechanical power using back-pres- sure steam turbines in place of existing pres- AMENDMENT NO. 3336 corporation, gain on a qualified disposition shall not be treated as recognized for the sure-reducing valves or which make the use (Purpose: To amend the Internal Revenue purposes of section 1374 (relating to tax im- of waste heat from industrial processes such Code of 1986 to provide for nonrecognition posed on certain built-in gains). as by using organic rankin, stirling, or of grain on dispositions of dairy property ‘‘(B) PARTNERSHIPS.—In the case of a part- kalina heat engine systems, subparagraph which is certified by the Secretary of Agri- nership which dissolves in anticipation of a (A) shall be applied without regard to clauses culture as having been the subject of an qualified disposition (including in anticipa- (iii) and (iv) thereof. agreement under the bovine tuberculosis tion of receiving the amount described in eradication program, and for other pur- paragraph (2)(B)), the dairy property owned AMENDMENT NO. 3349 poses) by the partners of such partnership at the (Purpose: To modify the credit for the pro- In Division H, on page 216, after line 21, add time of such disposition shall be treated, for duction of fuel from nonconventional the following: the purposes of this section and notwith- sources regarding refined coal) SEC. ll. TREATMENT OF DAIRY PROPERTY. standing any regulation or rule of law, as In Division H, on page 199, lines 5 through (a) QUALIFIED DISPOSITION OF DAIRY PROP- owned by such partners at the time of such 7, strike ‘‘at least 20 percent of the emissions ERTY TREATED AS INVOLUNTARY CONVER- disposition. of sulfur dioxide and nitrogen oxide’’ and in- SION.— ‘‘(6) TERMINATION.—This subsection shall sert ‘‘at least 20 percent of the emissions of (1) IN GENERAL.—Section 1033 (relating to not apply to dispositions made after Decem- nitrogen oxide and either sulfur dioxide or involuntary conversions) is amended by des- ber 31, 2006.’’. mercury.’’

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AMENDMENT NO. 3350 ‘‘(II) do not require ratings to be based on ‘‘SEC. 40B. BIODIESEL USED AS FUEL. certified data of the Air Conditioning and (Purpose: To modify the credit for the pro- ‘‘(a) GENERAL RULE.—For purposes of sec- Refrigeration Institute, and duction of electricity to include small irri- tion 38, the biodiesel fuels credit determined ‘‘(iii) are in effect at the time of the acqui- gation power) under this section for the taxable year is an sition of the property. In Division H, on page 17, between lines 8 amount equal to the biodiesel mixture cred- and 9, insert the following: ‘‘(c) CARRYFORWARD OF UNUSED CREDIT.—If the credit allowable under subsection (a) ex- it. SEC. 1905. CREDIT FOR ELECTRICITY PRODUCED FROM SMALL IRRIGATION POWER. ceeds the limitation imposed by section 26(a) ‘‘(b) DEFINITION OF BIODIESEL MIXTURE (a) IN GENERAL.—Section 45(c)(1) (defining for such taxable year reduced by the sum of CREDIT.—For purposes of this section— qualified energy resources), as amended by the credits allowable under this subpart ‘‘(1) BIODIESEL MIXTURE CREDIT.— this Act, is amended by striking ‘‘and’’ at (other than this section and section 25D), ‘‘(A) IN GENERAL.—The biodiesel mixture the end of subparagraph (F), by striking the such excess shall be carried to the suc- credit of any taxpayer for any taxable year period at the end of subparagraph (G) and in- ceeding taxable year and added to the credit is the sum of the products of the biodiesel serting ‘‘, and’’, and by adding at the end the allowable under subsection (a) for such suc- mixture rate for each qualified biodiesel following new subparagraph: ceeding taxable year. mixture and the number of gallons of such ‘‘(H) small irrigation power.’’. ‘‘(d) DEFINITIONS.—For purposes of this mixture of the taxpayer for the taxable year. (b) QUALIFIED FACILITY.—Section 45(c)(3) section— ‘‘(B) BIODIESEL MIXTURE RATE.—For pur- (relating to qualified facility), as amended ‘‘(1) QUALIFIED SOLAR WATER HEATING PROP- poses of subparagraph (A), the biodiesel mix- by this Act, is amended by adding at the end ERTY EXPENDITURE.—The term ‘qualified ture rate for each qualified biodiesel mixture the following new subparagraph: solar water heating property expenditure’ shall be— ‘‘(G) SMALL IRRIGATION POWER FACILITY.— means an expenditure for property to heat ‘‘(i) in the case of a mixture with only bio- In the case of a facility using small irriga- water for use in a dwelling unit located in diesel V, 1 cent for each whole percentage tion power to produce electricity, the term the United States and used as a residence by point (not exceeding 20 percentage points) of ‘qualified facility’ means any facility owned the taxpayer if at least half of the energy biodiesel V in such mixture, and by the taxpayer which is originally placed in used by such property for such purpose is de- ‘‘(ii) in the case of a mixture with biodiesel service after date of the enactment of this rived from the sun. NV, or a combination of biodiesel V and bio- subparagraph and before January 1, 2007.’’. ‘‘(2) QUALIFIED PHOTOVOLTAIC PROPERTY EX- diesel NV, 0.5 cent for each whole percentage (c) DEFINITION.—Section 45(c), as amended PENDITURE.—The term ‘qualified photo- point (not exceeding 20 percentage points) of by this Act, is amended by redesignating voltaic property expenditure’ means an ex- such biodiesel in such mixture. paragraph (8) as paragraph (9) and by insert- penditure for property that uses solar energy ‘‘(2) QUALIFIED BIODIESEL MIXTURE.— ing after paragraph (7) the following new to generate electricity for use in such a ‘‘(A) IN GENERAL.—The term ‘qualified bio- paragraph: dwelling unit. diesel mixture’ means a mixture of diesel ‘‘(8) SMALL IRRIGATION POWER.—The term ‘‘(3) SOLAR PANELS.—No expenditure relat- and biodiesel V or biodiesel NV which— ‘small irrigation power’ means power— ing to a solar panel or other property in- ‘‘(i) is sold by the taxpayer producing such ‘‘(A) generated without any dam or im- stalled as a roof (or portion thereof) shall mixture to any person for use as a fuel, or poundment of water through an irrigation fail to be treated as property described in ‘‘(ii) is used as a fuel by the taxpayer pro- system canal or ditch, and paragraph (1) or (2) solely because it con- ducing such mixture. ‘‘(B) the installed capacity of which is less stitutes a structural component of the struc- ‘‘(B) SALE OR USE MUST BE IN TRADE OR than 5 megawatts.’’. ture on which it is installed. BUSINESS, ETC.— (d) EFFECTIVE DATE.—The amendments ‘‘(4) QUALIFIED FUEL CELL PROPERTY EX- ‘‘(i) IN GENERAL.—Biodiesel V or biodiesel made by this section shall apply to elec- PENDITURE.—The term ‘qualified fuel cell NV used in the production of a qualified bio- tricity sold after the date of the enactment property expenditure’ means an expenditure diesel mixture shall be taken into account— of this Act, in taxable years ending after for qualified fuel cell property (as defined in ‘‘(I) only if the sale or use described in sub- such date. section 48(a)(4)) installed on or in connection paragraph (A) is in a trade or business of the with such a dwelling unit. taxpayer, and AMENDMENT NO. 3351 ‘‘(5) QUALIFIED WIND ENERGY PROPERTY EX- ‘‘(II) for the taxable year in which such (Purpose: To modify the credit for residen- PENDITURE.—The term ‘qualified wind energy sale or use occurs. tial energy efficient property by sub- property expenditure’ means an expenditure ‘‘(ii) CERTIFICATION FOR BIODIESEL V.—Bio- stituting natural gas furnances for naturla for property which uses wind energy to gen- diesel V used in the production of a qualified gas heat pumps) erate electricity for use in such a dwelling biodiesel mixture shall be taken into ac- In Division H, beginning on page 91, line 15, unit. count only if the taxpayer described in sub- strike all through page 95, line 17, and insert ‘‘(6) QUALIFIED TIER 2 ENERGY EFFICIENT paragraph (A) obtains a certification from the following: BUILDING PROPERTY EXPENDITURE.— the producer of the biodiesel V which identi- ‘‘(iii) $250 for each advanced natural gas ‘‘(A) IN GENERAL.—The term ‘qualified Tier fies the product produced. furnace, 2 energy efficient building property expendi- ‘‘(C) CASUAL OFF-FARM PRODUCTION NOT ELI- ‘‘(iv) $250 for each central air conditioner, ture’ means an expenditure for any Tier 2 en- GIBLE.—No credit shall be allowed under this ‘‘(v) $75 for each natural gas water heater, ergy efficient building property. section with respect to any casual off-farm and ‘‘(B) TIER 2 ENERGY EFFICIENT BUILDING production of a qualified biodiesel mixture. ‘‘(vi) $250 for each geothermal heat pump. PROPERTY.—The term ‘Tier 2 energy efficient building property’ means— ‘‘(c) COORDINATION WITH EXEMPTION FROM ‘‘(2) SAFETY CERTIFICATIONS.—No credit ‘‘(i) an electric heat pump water heater EXCISE TAX.—The amount of the credit de- shall be allowed under this section for an termined under this section with respect to item of property unless— which yields an energy factor of at least 1.7 in the standard Department of Energy test any biodiesel V shall, under regulations pre- ‘‘(A) in the case of solar water heating scribed by the Secretary, be properly reduced property, such property is certified for per- procedure, to take into account any benefit provided formance and safety by the non-profit Solar ‘‘(ii) an electric heat pump which has a with respect to such biodiesel V solely by Rating Certification Corporation or a com- heating seasonal performance factor (HSPF) reason of the application of section 4041(n) or parable entity endorsed by the government of at least 9, a seasonal energy efficiency section 4081(f). of the State in which such property is in- ratio (SEER) of at least 15, and an energy ef- ficiency ratio (EER) of at least 12.5, stalled, ‘‘(d) DEFINITIONS AND SPECIAL RULES.—For ‘‘(B) in the case of a photovoltaic property, ‘‘(iii) an advanced natural gas furnace purposes of this section— which achieves at least 95 percent annual a fuel cell property, or a wind energy prop- ‘‘(1) BIODIESEL V DEFINED.—The term ‘bio- erty, such property meets appropriate fire fuel utilization efficiency (AFUE),’’. diesel V’ means the monoalkyl esters of long and electric code requirements, and chain fatty acids derived solely from virgin AMENDMENT NO. 3352 ‘‘(C) in the case of property described in vegetable oils for use in compressional-igni- subsection (d)(6), such property meets the (Purpose: To modify the incentives for tion (diesel) engines. Such term shall include performance and quality standards, and the biodiesel) esters derived from vegetable oils from corn, certification requirements (if any), which— In Division H, beginning on page 64, line 1, soybeans, sunflower seeds, cottonseeds, ‘‘(i) have been prescribed by the Secretary strike all through page 73, line 2, and insert canola, crambe, rapeseeds, safflowers, by regulations (after consultation with the the following: flaxseeds, rice bran, and mustard seeds. Secretary of Energy or the Administrator of SEC. 2008. INCENTIVES FOR BIODIESEL. ‘‘(2) BIODIESEL NV DEFINED.—The term ‘bio- the Environmental Protection Agency, as (a) CREDIT FOR BIODIESEL USED AS A diesel nv’ means the monoalkyl esters of appropriate), FUEL.— long chain fatty acids derived from non- ‘‘(ii) in the case of the energy efficiency (1) IN GENERAL.—Subpart D of part IV of virgin vegetable oils or animal fats for use in ratio (EER)— subchapter A of chapter 1 (relating to busi- compressional-ignition (diesel) engines. ‘‘(I) require measurements to be based on ness related credits), as amended by this Act, ‘‘(3) REGISTRATION REQUIREMENTS.—The published data which is tested by manufac- is amended by inserting after section 40A the terms ‘biodiesel V’ and ‘biodiesel NV’ shall turers at 95 degrees Fahrenheit, and following new section: only include a biodiesel which meets—

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‘‘(i) the registration requirements for fuels after the item relating to section 40A the fol- AMENDMENT NO. 3353 and fuel additives established by the Envi- lowing new item: (Purpose: To amend the Internal Revenue ronmental Protection Agency under section ‘‘Sec. 40B. Biodiesel used as fuel.’’. Code of 1986 to provide for the treatment of 211 of the Clean Air Act (42 U.S.C. 7545), and sales or dispositions to implement Federal ‘‘(ii) the requirements of the American So- (4) EFFECTIVE DATE.—The amendments Energy Regulatory Commission or State ciety of Testing and Materials D6751. made by this subsection shall apply to tax- electric restructuring policy) ‘‘(2) BIODIESEL MIXTURE NOT USED AS A able years beginning after December 31, 2002. FUEL, ETC.— In Division H, on page 215, between lines 10 (b) REDUCTION OF MOTOR FUEL EXCISE and 11, insert the following: ‘‘(A) IMPOSITION OF TAX.—If— TAXES ON BIODIESEL V MIXTURES.— SEC. 2404. SALES OR DISPOSITIONS TO IMPLE- ‘‘(i) any credit was determined under this (1) IN GENERAL.—Section 4081 (relating to MENT FEDERAL ENERGY REGU- section with respect to biodiesel V or bio- manufacturers tax on petroleum products) is diesel NV used in the production of any LATORY COMMISSION OR STATE amended by adding at the end the following ELECTRIC RESTRUCTURING POLICY. qualified biodiesel mixture, and new subsection: ‘‘(ii) any person— (a) IN GENERAL.—Section 451 (relating to ‘‘(I) separates such biodiesel from the mix- ‘‘(f) BIODIESEL V MIXTURES.—Under regula- general rule for taxable year of inclusion) is ture, or tions prescribed by the Secretary— amended by adding at the end the following ‘‘(II) without separation, uses the mixture ‘‘(1) IN GENERAL.—In the case of the re- new subsection: other than as a fuel, moval or entry of a qualified biodiesel mix- ‘‘(i) SPECIAL RULE FOR SALES OR DISPOSI- ture with biodiesel V, the rate of tax under TIONS TO IMPLEMENT FEDERAL ENERGY REGU- then there is hereby imposed on such person subsection (a) shall be the otherwise applica- LATORY COMMISSION OR STATE ELECTRIC RE- a tax equal to the product of the biodiesel ble rate reduced by the biodiesel mixture STRUCTURING POLICY.— mixture rate applicable under subsection rate (if any) applicable to the mixture. ‘‘(1) IN GENERAL.—For purposes of this sub- (b)(1)(B) and the number of gallons of the ‘‘(2) TAX PRIOR TO MIXING.— title, if a taxpayer elects the application of mixture. ‘‘(A) IN GENERAL.—In the case of the re- this subsection to a qualifying electric trans- ‘‘(B) APPLICABLE LAWS.—All provisions of moval or entry of diesel fuel for use in pro- mission transaction in any taxable year— law, including penalties, shall, insofar as ap- ducing at the time of such removal or entry ‘‘(A) any ordinary income derived from plicable and not inconsistent with this sec- a qualified biodiesel mixture with biodiesel such transaction which would be required to tion, apply in respect of any tax imposed V, the rate of tax under subsection (a) shall be recognized under section 1245 or 1250 for under subparagraph (A) as if such tax were be the rate determined under subparagraph such taxable year (determined without re- imposed by section 4081 and not by this chap- (B). gard to this subsection), and ter. ‘‘(B) DETERMINATION OF RATE.—For pur- ‘‘(B) any income derived from such trans- ‘‘(3) PASS-THRU IN THE CASE OF ESTATES AND poses of subparagraph (A), the rate deter- action in excess of such ordinary income TRUSTS.—Under regulations prescribed by mined under this subparagraph is the rate which is required to be included in gross in- the Secretary, rules similar to the rules of determined under paragraph (1), divided by a come for such taxable year, subsection (d) of section 52 shall apply. percentage equal to 100 percent minus the shall be so recognized and included ratably ‘‘(e) ELECTION TO HAVE BIODIESEL FUELS percentage of biodiesel V which will be in over the 8-taxable year period beginning CREDIT NOT APPLY.— the mixture. with such taxable year. ‘‘(3) DEFINITIONS.—For purposes of this sub- ‘‘(1) IN GENERAL.—A taxpayer may elect to ‘‘(2) QUALIFYING ELECTRIC TRANSMISSION section, any term used in this subsection have this section not apply for any taxable TRANSACTION.—For purposes of this sub- year. which is also used in section 40B shall have section, the term ‘qualifying electric trans- ‘‘(2) TIME FOR MAKING ELECTION.—An elec- the meaning given such term by section 40B. mission transaction’ means any sale or other tion under paragraph (1) for any taxable year ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- disposition before January 1, 2007, of— may be made (or revoked) at any time before lar to the rules of paragraphs (6) and (7) of ‘‘(A) property used by the taxpayer in the the expiration of the 3-year period beginning subsection (c) shall apply for purposes of this trade or business of providing electric trans- on the last date prescribed by law for filing subsection.’’. mission services, or the return for such taxable year (determined (2) CONFORMING AMENDMENTS.— ‘‘(B) any stock or partnership interest in a without regard to extensions). (A) Section 4041 is amended by adding at corporation or partnership, as the case may ‘‘(3) MANNER OF MAKING ELECTION.—An the end the following new subsection: be, whose principal trade or business consists election under paragraph (1) (or revocation ‘‘(n) BIODIESEL V MIXTURES.—Under regula- of providing electric transmission services, thereof) shall be made in such manner as the tions prescribed by the Secretary, in the case but only if such sale or disposition is to an Secretary may by regulations prescribe.’’. of the sale or use of a qualified biodiesel mix- independent transmission company. ture (as defined in section 40B(b)(2)) with ‘‘(f) TERMINATION.—This section shall not ‘‘(3) INDEPENDENT TRANSMISSION COM- biodiesel V, the rates under paragraphs (1) apply to any fuel sold after December 31, PANY.—For purposes of this subsection, the and (2) of subsection (a) shall be the other- 2005.’’. term ‘independent transmission company’ wise applicable rates, reduced by any appli- (2) CREDIT TREATED AS PART OF GENERAL means— cable biodiesel mixture rate (as defined in BUSINESS CREDIT.—Section 38(b), as amended ‘‘(A) a regional transmission organization section 40B(b)(1)(B)).’’. by this Act, is amended by striking ‘‘plus’’ at approved by the Federal Energy Regulatory (B) Section 6427 is amended by redesig- the end of paragraph (15), by striking the pe- Commission, nating subsection (p) as subsection (q) and riod at the end of paragraph (16) and insert- ‘‘(B) a person— by inserting after subsection (o) the fol- ing ‘‘, plus’’, and by adding at the end the ‘‘(i) who the Federal Energy Regulatory lowing new subsection: following new paragraph: Commission determines in its authorization ‘‘(17) the biodiesel fuels credit determined ‘‘(p) BIODIESEL V MIXTURES.—Except as of the transaction under section 203 of the under section 40B(a).’’. provided in subsection (k), if any diesel fuel Federal Power Act (16 U.S.C. 824b) is not a (3) CONFORMING AMENDMENTS.— on which tax was imposed by section 4081 at market participant within the meaning of (A) Section 39(d), as amended by this Act, a rate not determined under section 4081(f) is such Commission’s rules applicable to re- is amended by adding at the end the fol- used by any person in producing a qualified gional transmission organizations, and lowing new paragraph: biodiesel mixture (as defined in section ‘‘(ii) whose transmission facilities to which ‘‘(12) NO CARRYBACK OF BIODIESEL FUELS 40B(b)(2)) with biodiesel V which is sold or the election under this subsection applies are CREDIT BEFORE JANUARY 1, 2003.—No portion of used in such person’s trade or business, the under the operational control of a Federal the unused business credit for any taxable Secretary shall pay (without interest) to Energy Regulatory Commission-approved re- year which is attributable to the biodiesel such person an amount equal to the per gal- gional transmission organization before the fuels credit determined under section 40B lon applicable biodiesel mixture rate (as de- close of the period specified in such author- may be carried back to a taxable year begin- fined in section 40B(b)(1)(B)) with respect to ization, but not later than the close of the ning before January 1, 2003.’’. such fuel.’’. period applicable under paragraph (1), or (B) Section 196(c) is amended by striking (3) EFFECTIVE DATE.—The amendments ‘‘(C) in the case of facilities subject to the ‘‘and’’ at the end of paragraph (9), by strik- made by this subsection shall apply to any exclusive jurisdiction of the Public Utility ing the period at the end of paragraph (10), fuel sold after December 31, 2002, and before Commission of Texas, a person which is ap- and by adding at the end the following new January 1, 2006. proved by that Commission as consistent paragraph: (c) HIGHWAY TRUST FUND HELD HARM- with Texas State law regarding an inde- ‘‘(11) the biodiesel fuels credit determined LESS.—There are hereby transferred (from pendent transmission organization. under section 40B(a).’’. time to time) from the funds of the Com- ‘‘(4) ELECTION.—An election under para- (C) Section 6501(m), as amended by this modity Credit Corporation amounts deter- graph (1), once made, shall be irrevocable. Act, is amended by inserting ‘‘40B(e),’’ after mined by the Secretary of the Treasury to be ‘‘(5) NONAPPLICATION OF INSTALLMENT ‘‘40(f),’’. equivalent to the reductions that would SALES TREATMENT.—Section 453 shall not (D) The table of sections for subpart D of occur (but for this subsection) in the receipts apply to any qualifying electric transmission part IV of subchapter A of chapter 1, as of the Highway Trust Fund by reason of the transaction with respect to which an elec- amended by this Act, is amended by adding amendments made by this section. tion to apply this subsection is made.’’.

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(b) EFFECTIVE DATE.—The amendment Stabenow Thomas Thurmond Snowe Thomas Warner made by this section shall apply to trans- Stevens Thompson Voinovich Specter Thompson Wyden actions occurring after the date of the enact- NAYS—42 NOT VOTING—1 ment of this Act. Akaka Feinstein Murray Helms Biden Fitzgerald Nelson (FL) AMENDMENT NO. 3356 Bingaman Graham Reed The motion to table was agreed to. (Purpose: To apply temporary regulations to Boxer Gramm Reid The PRESIDING OFFICER. The Sen- certain output contracts) Cantwell Hollings Rockefeller ator from Kentucky. Carper Inouye Sarbanes In Division H, on page 215, between lines 10 Clinton Kennedy Schumer CHANGE OF VOTE and 11, insert the following: Collins Kerry Smith (OR) Mr. McCONNELL. Mr. President, on Corzine Kyl Snowe SEC. 2405. APPLICATION OF TEMPORARY REGU- rollcall vote No. 88, I voted no. It was Dayton Leahy Specter LATIONS TO CERTAIN OUTPUT CON- Dodd Levin Torricelli my intention to vote aye. Therefore, I TRACTS. Durbin Lieberman Warner ask unanimous consent that I be per- In the application of section 1–141–7(c)(4) of Ensign McCain Wellstone mitted to change my vote since it the Treasury Temporary Regulations to out- Feingold Mikulski Wyden put contracts entered into after February 22, would not affect the outcome. 1998, with respect to an issuer participating NOT VOTING—1 (The foregoing tally has been in open access with respect to the issuer’s Helms changed to reflect the above order.) transmission facilities, an output contract in The motion was agreed to. The PRESIDING OFFICER. The Sen- existence on or before such date that is Mr. BINGAMAN. Madam President, I ator from Nevada. amended after such date shall be treated as Mr. REID. Mr. President, we have ap- a contract entered into after such date only move to reconsider the vote, and I move to lay that motion on the table. proximately 2 hours until all time runs if the amendment increases the amount of out on this legislation as a result of output sold under such contract by extend- The motion to lay on the table was the postcloture rules. The following ing the term of the contract or increasing agreed to. amendments are about all we are going the amount of output sold, but such treat- VOTE ON AMENDMENT NO. 3225 ment as a contract entered into after such to have time to work on before 3:30. I date shall begin on the effective date of the The PRESIDING OFFICER. Under ask unanimous consent that Senator amendment and shall apply only with re- the previous order, the question is on DURBIN be allowed to offer amendment spect to the increased output to be provided agreeing to the Feinstein amendment No. 3342, with 10 minutes equally di- under such contract. No. 3225. vided; Senator HARKIN, amendment No. The Senator from Nevada. 3195, 20 minutes equally divided, and AMENDMENT NO. 3359 Mr. REID. Madam President, I move that Senator DORGAN be granted 10 (Purpose: To modify the credit for new en- to table the amendment, and I ask for minutes of that 20 in opposition; Car- ergy efficient homes by treating a manu- the yeas and nays. per amendment No. 3198, with 40 min- factured home which meets the energy star The PRESIDING OFFICER. Is there a utes equally divided; amendment No. standard as a 30 percent home) sufficient second? 3326, the Murray amendment, 10 min- In Division H, on page 74, line 16, strike There appears to be a sufficient sec- utes equally divided; Kyl amendments ‘‘Code’’ and insert ‘‘Code, or a qualifying new ond. Nos. 3332 and 3333, 20 minutes total for home which is a manufactured home which The question is on agreeing to the meets the applicable standards of the Energy the two amendments equally divided. Star program managed jointly by the Envi- motion to table amendment No. 3225. I ask unanimous consent that fol- ronmental Protection Agency and the De- The clerk will call the roll. lowing the completion of the debate on partment of Energy’’. The legislative clerk called the roll. these amendments there be a series of Mr. REID. Madam President, pursu- Mr. NICKLES. I announce that the votes in stacked sequence with no in- ant to the previous order, I now move Senator from North Carolina (Mr. tervening second-degree amendments. to table the Boxer amendment No. 3139, HELMS) is necessarily absent. The votes would be on or in relation and I ask for the yeas and nays on be- The PRESIDING OFFICER (Mr. ED- to the amendments. half of the majority leader. WARDS). Are there any other Senators The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Is there a in the Chamber desiring to vote? objection? sufficient second? The result was announced—yeas 60, Mr. LEVIN. Mr. President, reserving There is a sufficient second. nays 39, as follows: the right to object. The question is on agreeing to the [Rollcall Vote No. 88 Leg.] The PRESIDING OFFICER. The Sen- motion. The clerk will call the roll. YEAS—60 ator from Michigan. The assistant legislative clerk called Baucus Dorgan Levin Mr. LEVIN. This does not waive the roll. Bayh Durbin Lincoln points of order on the amendments? Bond Edwards Lott Mr. REID. It waives no points of Mr. NICKLES. I announce that the Breaux Feingold Lugar Senator from North Carolina (Mr. Brownback Fitzgerald McConnell order. HELMS) is necessarily absent. Bunning Frist Mikulski Mr. LEVIN. One other issue. There The PRESIDING OFFICER. Are there Burns Graham Miller are other amendments at the desk, in- Campbell Grassley Murkowski cluding one in which I am interested. any other Senators in the Chamber de- Carnahan Gregg Nelson (FL) siring to vote? Carper Hagel Nelson (NE) Mr. REID. Yes. I will work on that. The result was announced—yeas 59, Chafee Harkin Roberts The PRESIDING OFFICER. The Sen- Cochran Hollings Sarbanes nays 40, as follows: ator from Kansas. Conrad Hutchinson Sessions Mr. BROWNBACK. Reserving the [Rollcall Vote No. 87 Leg.] Craig Inhofe Smith (NH) Crapo Inouye Stabenow right to object, and I will probably not YEAS—57 Daschle Jeffords Stevens object, but we have an amendment on Allard Crapo Kohl Dayton Johnson Thurmond climate change issues that I did not DeWine Kerry Torricelli Allen Daschle Landrieu hear made mention of. I inquire of the Baucus DeWine Lincoln Dodd Kohl Voinovich Bayh Domenici Lott Domenici Landrieu Wellstone assistant majority leader with regard Bennett Dorgan Lugar NAYS—39 to that amendment. Bond Edwards McConnell Mr. REID. I say to my friend from Breaux Enzi Akaka Corzine Murray Miller Kansas, we have taken these amend- Brownback Frist Murkowski Allard Ensign Nickles Bunning Grassley Allen Enzi Nelson (NE) Reed ments in the sequence they are now Burns Gregg Bennett Feinstein Nickles Reid listed. Sadly, is the best way I can say Byrd Hagel Biden Gramm Roberts Rockefeller it, there are eight amendments to Campbell Harkin Bingaman Hatch Santorum Carnahan Hatch Santorum Boxer Hutchison which we are simply not going to have Sessions Schumer Chafee Hutchinson Byrd Kennedy Shelby time to get. The reason I have asked Cleland Hutchison Shelby Cantwell Kyl Smith (OR) these people to take less time than Cochran Inhofe Smith (NH) Cleland Leahy Conrad Jeffords Clinton Lieberman they are entitled is so we can get to as Craig Johnson Collins McCain many of them as possible.

VerDate 11-MAY-2000 03:35 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.022 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3365 I say to my friend, if we are able to Mr. REID. Mr. President, I ask unan- Senator GRASSLEY, Senator BAUCUS, complete this unanimous consent imous consent that the reading of the and others who have followed this mat- agreement, what we are going to do is amendment be dispensed with. ter. ask unanimous consent as to all The PRESIDING OFFICER. Without We clearly need to reduce our de- amendments that are in order, that are objection, it is so ordered. pendence on fossil fuels, particularly on this list, Senators would have 2 The amendment is as follows: on imported oil. We should focus on minutes for and 2 minutes against each (Purpose: To modify the incentives for alter- sources of energy that are clean, free, amendment. Other than that, that is native fuel motor vehicles and refueling and literally limitless. One of those the best we can do because that is 4 properties) sources is wind. Wind power is now cre- minutes more than the amendments In Division H, on page 73, between lines 2 ating opportunity for the generation of are entitled to under the rule. and 3, insert the following: electricity across the United States. I Mr. BROWNBACK. If I could inquire, SEC. ll. MODIFICATIONS TO THE INCENTIVES introduced legislation last year to cre- FOR ALTERNATIVE VEHICLES AND does that include, then, the amend- FUELS. ate a tax credit to help defray the cost ment we have put forward? (a) MODIFICATION TO NEW QUALIFIED HYBRID of installing a small wind energy sys- Mr. REID. It will include that. MOTOR VEHICLE CREDIT.—The table in sec- tem to generate electricity for homes, The PRESIDING OFFICER. Is there tion 30B(c)(2)(A) of the Internal Revenue farms, and businesses. I hope this legis- objection? Code of 1986, as added by this Act, is amend- lation will ultimately become the law Mr. CRAIG. Mr. President, reserving ed by striking ‘‘5 percent’’ and inserting ‘‘4 of the land. the right to object. percent’’. Today, with this amendment, we The PRESIDING OFFICER. The Sen- (b) MODIFICATIONS TO EXTENSION OF DEDUC- take an important step forward in pro- TION FOR CERTAIN REFUELING PROPERTY.— ator from Idaho. (1) IN GENERAL.—Subsection (f) of section viding for equal treatment of wind en- Mr. CRAIG. It is my understanding 179A of the Internal Revenue Code of 1986 is ergy used in business and nonbusiness we do not need a vote on the Durbin amended to read as follows: applications. It certainly would apply amendment, that a voice vote would be ‘‘(f) TERMINATION.—This section shall not to our quest to reduce our dependence adequate, if that is all right with the apply to any property placed in service— on foreign oil. This is extremely impor- author of the amendment. ‘‘(1) in the case of property relating to hy- tant. Mr. REID. We hope that is the case. drogen, after December 31, 2011, and A recent USA Today poll showed 91 That is my understanding. ‘‘(2) in the case of any other property, after percent of the public favors incentives December 31, 2007.’’. Mr. CRAIG. Fine. That is what we be- (2) EXTENSION OF PHASEOUT.—Section for wind, solar, and fuel cells. We think lieve can be done over on this side. 179A(b)(1)(B) of such Code, as amended by this amendment is one that will give us Mr. REID. I say to my friend from section 606(a) of the Job Creation and Work- an opportunity to use wind power Idaho, if we get lucky, there may be er Assistance Act of 2002, is amended— across America, to generate elec- one or two others that may not require (A) by striking ‘‘calendar year 2004’’ in tricity, particularly in applications for a vote. If that is the case, I say to my clause (i) and inserting ‘‘calendar years 2004 farms and ranches and businesses. friend from Kansas, we will try to and 2005 (calendar years 2004 through 2009 in This map I have illustrates the areas move down the list a little more. But the case of property relating to hydrogen) ’’, of the United States where there are (B) by striking ‘‘2005’’ in clause (ii) and in- 3:30 is the drop dead time under the serting ‘‘2006 (calendar year 2010 in the case wind resources that could generate rule. of property relating to hydrogen)’’, and electricity. I am surprised, in looking Mr. CRAIG. That is correct. I thank (C) by striking ‘‘2006’’ in clause (iii) and in- at the map, that there is no indication the Senator. serting ‘‘2007 (calendar year 2011 in the case that Washington, DC, is a source of The PRESIDING OFFICER. Is there of property relating to hydrogen)’’. wind, but those who visit Capitol Hill objection? (3) EFFECTIVE DATE.—The amendments might argue otherwise. Without objection, it is so ordered. made by this subsection shall apply to prop- I think if we take a look at this map, The Senator from Nevada. erty placed in service after December 31, though, we can see we have ample op- 2003, in taxable years ending after such date. AMENDMENT NO. 3336 TO AMENDMENT NO. 2917 (c) MODIFICATION TO CREDIT FOR INSTALLA- portunities across the United States Mr. REID. Mr. President, I ask unan- TION OF ALTERNATIVE FUELING STATIONS.— for a clean, literally limitless, source imous consent that the pending amend- Subsection (l) of section 30C of the Internal of electricity. ments be set aside temporarily in order Revenue Code of 1986, as added by this Act, is I urge adoption of my amendment. to call up amendment No. 3336 for Sen- amended to read as follows: The PRESIDING OFFICER. The ator LEVIN. This has been cleared on ‘‘(l) TERMINATION.—This section shall not question is on agreeing to the amend- the other side. apply to any property placed in service— ment of the Senator from Illinois. ‘‘(1) in the case of property relating to hy- The amendment (No. 3342) was agreed Mr. LEVIN. Mr. President, I do not drogen, after December 31, 2011, and know that it has been cleared on the ‘‘(2) in the case of any other property, after to. other side. December 31, 2007.’’. Mr. REID. I move to reconsider the Mr. REID. Yes, it has been. It has not (d) EFFECTIVE DATE.—Except as provided in vote. been cleared for acceptance. This unan- subsection (b)(3), the amendments made by Mr. MURKOWSKI. I move to lay that imous consent agreement has been this section shall apply to property placed in motion on the table. cleared. service after September 30, 2002, in taxable The motion to lay on the table was Mr. CRAIG. The unanimous consent years ending after such date. agreed to. agreement? Mr. REID. I call for regular order. The PRESIDING OFFICER. The Sen- Mr. REID. To allow the amendment The PRESIDING OFFICER. The Sen- ator from Nevada. to be listed. ator from Illinois. Mr. REID. I suggest the absence of a Mr. CRAIG. To have it listed, is that AMENDMENT NO. 3342 quorum. the unanimous consent request? Mr. DURBIN. Mr. President, yester- The PRESIDING OFFICER. The The PRESIDING OFFICER. Is there day I had reported by the clerk amend- clerk will call the roll. objection? ment No. 3342 and it was laid aside. I do The legislative clerk proceeded to Mr. CRAIG. Reserving the right to not know if it is necessary for the clerk call the roll. object. to report it again. I will speak briefly Mr. REID. Mr. President, I ask unan- The PRESIDING OFFICER. The Sen- to the amendment. Is it necessary for imous consent that the order for the ator from Idaho. the clerk to report? quorum call be rescinded. Mr. CRAIG. I withdraw. The PRESIDING OFFICER. The The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without amendment is pending. objection, it is so ordered. objection, it is so ordered. Mr. DURBIN. Mr. President, I will be AMENDMENT NO. 3195 The clerk will report. brief because I believe this amendment Mr. REID. Mr. President, I ask unan- The legislative clerk read as follows: is going to be agreed to by a voice vote. imous consent that the time on the The Senator from Nevada [Mr. REID], for I thank all those who are involved in Harkin amendment, the next in order Mr. LEVIN, proposes an amendment num- that: Senator BINGAMAN, Senator MUR- as I understand it, start running bered 3366 to amendment No. 2917. KOWSKI, as well as Senator NICKLES, against that amendment.

VerDate 11-MAY-2000 03:35 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.037 pfrm12 PsN: S25PT1 S3366 CONGRESSIONAL RECORD — SENATE April 25, 2002 Mr. COCHRAN. Reserving the right Senate to choose a regulatory stand- We believe the most efficient tech- to object, I didn’t understand the re- ard. A rulemaking was in process at nology should be available to people of quest. the Department of Energy. This legis- all income levels at an affordable price. Mr. REID. The Harkin amendment lation preempts that process and arbi- Not all manufacturers may have this has 20 minutes evenly divided, and I trarily sets a limit that is going to un- same marketing philosophy. Some may think the time should start running reasonably raise costs of air-condi- seek a protection of higher profit mar- against that. tioning units and put a lot of people gins on their more efficient equipment. The PRESIDING OFFICER. Without out of work for no really good, justifi- A 13 SEER standard would force all objection, it is so ordered. able reason. manufacturers to be truly competitive Mr. COCHRAN. Mr. President, I am a I urge the Senate to think carefully and provide all consumers with the cosponsor of the Harkin amendment, about the implications of this amend- most affordable energy-efficient tech- along with Senator GRASSLEY and Sen- ment and its consequences. We urge nology for air-conditioners that is ator LINCOLN. This amendment was of- Members to vote for the level that is available today. fered last night. We had a discussion of more appropriate, that we think the This issue deals with a mix of things the amendment at that time. The issue Department of Energy would move to- we have to do in a successful energy presented by this amendment is wheth- ward and establish by its rulemaking policy. We are talking about produc- er the bill, as taken up on the floor of power—which it should have been al- tion, conservation, efficiency, and lim- the Senate as it relates to energy-effi- lowed to do. This bill preempts that itless, renewable sources of energy. cient ratios of air-conditioning units, process, stops the rulemaking in its This is the efficiency piece that deals should be adopted by the Senate or an- tracks, and imposes a new energy effi- with air-conditioners. other ratio that would provide vir- ciency standard. It is too high. It is too Most of us understand that at peak tually the same amount of efficiency high for the reasons I stated. loads at certain times of the year, the but at a lower ratio and leave in place I urge the Senate to adopt the Har- use of air-conditioners consumes a sub- production plants that are producing kin-Cochran-Grassley-Lincoln amend- stantial amount of the energy in our coils for air-conditioning units on the ment. country. Much has been said about it. market today and the entire air-condi- The PRESIDING OFFICER. The Sen- Let me show a couple of charts that de- tioning units to continue to function. ator from North Dakota. scribe a couple of other alternatives. Let me give a parochial example of Mr. DORGAN. How much time is Pat Wood, former chairman of the the implications of this issue for my available? Texas Public Utility Commission said: State of Mississippi. There are over The PRESIDING OFFICER. The Sen- Such a significantly strengthened standard 7,000 workers employed in facilities ator has 10 minutes. to SEER 13 would have the triple benefits of that produce either components for or Mr. DORGAN. Mr. President, I was improving electric system reliability, reduc- ing air pollution, and cutting cooling costs not available when Senator HARKIN in- total air-conditioning units. One plant for our customers. employs 2,500 people in Grenada, MS. troduced the amendment last evening, The National Association of Regu- Our amendment allows the use, sale, but I want to come to the floor to sup- latory Utility Commissioners—of the manufacture, and use by citizens of air- port the standard that exists in the en- various States—say: conditioning units with an energy effi- ergy bill we are now considering. ciency ratio of 12. These are numeric. This issue is in many ways com- Keeping the SEER 13 standard for residen- plicated, but it is also the issue that tial air-conditioners is a crucial component The bill before the Senate requires a for curbing future demand growth while re- ratio of 13. If the committee bill is deals with energy efficiency. We are taining consumer needs for affordable cool- adopted, or the bill before the Senate— talking about increased production, ing. the committee didn’t have a whole lot conservation, efficiency, as well as the And the EPA says: to do with writing this bill, inciden- promotion of limitless, renewable A 13 SEER standard will do more to stimu- tally—if the bill before the Senate is sources of energy. This issue is called late energy savings that benefit the con- adopted without amendment to this the Seasonal Energy Efficiency Ratio. sumer, reduce fossil fuel consumption and section, that plant at Grenada, MS, Almost no one knows what it is. It is limit emissions of air pollutants. will shut down and those 2,500 workers called the SEER standard. The stand- All of those represent the benefits of will be out of work. This will be rep- ard in the bill is established at 13 the 13 SEER standard as opposed to the licated not only throughout my State SEER, which is a standard that was 12 SEER standard. and other manufacturing facilities but published in the Federal Register al- History has shown us, on virtually all throughout the country. most a year and a half ago, January of these areas of technology, that once So you need to check to see what the 2001. It would increase residential air- a standard is implemented, the mar- results will be in your State before you conditioner efficiency by 30 percent kets drive prices down and make the vote on this amendment. over the prior 10 SEER standard. more efficient equipment even more af- The other side of the story is, the The Goodman Manufacturing Com- fordable for all consumers. The incre- cost of air-conditioning units is going pany, for example, said in testimony mental cost to the manufacturer to to skyrocket. I mean that seriously. they have given at hearings: There produce the 13 SEER standard, accord- An additional $700 per air-conditioning have been claims that the 13 SEER ing to the Goodman Manufacturing unit is going to be added to the cost to standard would cost consumers sub- Company, the second largest air-condi- those who want to buy an air-condi- stantially more money than the pro- tioning manufacturing company in the tioning unit. Think about that. If you posed rollback to a 12 SEER standard. country—and, incidentally, a supporter have a State where people work for the According to the Department of En- of the 13 SEER standard—is about $100. minimum wage or low salaries, they ergy, the average difference in cost be- The Goodman Manufacturing company, can forget about buying an air-condi- tween a 13 SEER unit and a 12 SEER the EPA, and others say that will be tioning unit. They are not going to be unit is approximately $122. That is recouped in lower electricity costs by a able to afford air-conditioning. what I am told the Department of En- more efficient air-conditioner in a very One of the main purposes of this leg- ergy says is the difference. short period of time. islation is to improve energy effi- The Department of Energy also indi- I mentioned Pat Wood from Texas in ciency. We are for that. The current cates that cost will be recovered in a a chart. The Texas electric rates were energy efficiency ratio for air-condi- very short period of time, because of 27th in the Nation compared to other tioning units is at the level of 10. This the added efficiency in a 13 SEER States. One of the primary uses of elec- amendment raises that by 20 percent to standard. According to the Goodman tricity in Texas is air-conditioning. Ap- 12. We are suggesting—the Senators Company, which is the second-largest proximately 90 percent of the homes in from Iowa, the Senator from Arkansas manufacture of air-conditioners in the Texas have air-conditioning, and Tex- and I—with this amendment, that the country, and who supports the 13 SEER ans spend more on air-conditioning ratio of 12 is the correct level. standard in the bill, the incremental than on space heating. We are not a regulatory body. Think cost to the manufacturer to produce a If the 13 SEER standard is imple- about this. This bill is requiring the 13 SEER unit is about $100. They say: mented, for example, Texas electric

VerDate 11-MAY-2000 04:11 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.040 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3367 companies will save $241 million by the the DOE staff during the previous ad- A 13 SEER standard would have tre- year 2010. It is estimated in 2020 they ministration, and constitute a 20-per- mendously negative impacts on indus- will have saved $785 million in electric cent increase in efficiency, which is try competition and small businesses: costs. not a rollback by any means, as some 84 percent of all central air condi- Consumer organizations and low-in- would indicate. tioning models would be suddenly obso- come advocacy organizations support Here we are again in the situation, lete; as would 86 percent of all heat the 13 SEER standard. just as in the CAFE debate, where cer- pump models; redesign and retooling of It seems to me, at a time when we tain Senators want you to believe they manufacturing facilities would cost the want to ensure energy security, in- know better. Instead of letting the industry $350 million—reducing profits creasing the efficiency of our appli- agency, in this case the DOE, act on a and jobs. ances makes good sense. We have testi- reasonable efficiency and cost stand- Nearly half of the original equipment mony not only from one of the large ard, the number 13 was picked out of manufacturers selling air conditioners air-conditioning manufacturers, but the air even though it meant higher in the U.S. today do not offer 13 SEER also from smaller air-conditioning costs and fewer choices for consumers. products. The Department of Justice manufacturers, that they support this. To give some idea, the nonpartisan and the Small Business Administration This can be done and can be done in a Energy Administration estimates the have both expressed concerns over the manner that is helpful to all Ameri- 12 SEER standard saves consumers loss of competition and the closure of cans. money. The 13 SEER standard is a net many small manufacturers. Goodman Manufacturing, the second cost, that is, about $600 million over 10 But most of all—the 13 SEER stand- largest manufacturer, a couple of small years. To give some idea, the 12 SEER ard is not economically justifiable as is manufacturers—Goettl of Arizona and saves $2.3 billion over the 10-year pe- required under existing law. Industry Aaon, Inc. of Tulsa, Oklahoma—also riod. figures show that both the 12 and the 13 support the 30-percent increase in effi- During the last rulemaking in 2000, SEER standards will cost consumers ciency. DOE staff considered a wide range of billions after electricity savings are I know there is not the time to ade- possible efficiency standards. Based on factored in, and the non-partisan En- quately discuss a number of these a review of all factors, DOE staff pro- ergy Information Administration esti- issues in the energy bill. As I indicated posed a new 12 SEER standard—a 20 mates that the 12 SEER standard saves when I began, these are complicated percent increase in energy efficiency. consumers money; while the 13 SEER issues. I know there are disagreements However, Secretary Richardson arbi- standard is a net cost. about them within the manufacturing trarily decided—without any further These are the reasons DOE staff ini- sector on air-conditioning units. But study—to issue a new 13 SEER rule in tially recommended the 12 SEER standard as the ‘‘economically justifi- with respect to legislation that deals the final days of the Clinton Adminis- able’’ level of efficiency, and this is with a range of issues in a comprehen- tration. This rule was placed under fur- why the DOE has proposed a 12 SEER sive energy policy, on the efficiency ther review. standard as a final rule after its fur- side, the 13 SEER standard makes This higher level was not supported ther review of the record. We should re- sense. by the rulemaking—and it certainly is spect the expertise of the DOE—and let The 13 SEER standard will save en- not economically justifiable. To justify them carry out their duties under ex- ergy. It will promote a substantial the last minute 13 SEER standard, DOE in the prior Administration dis- isting law. movement by the manufacturing base A 13 SEER standard would have a regarded the industry data that it had to produce these at an affordable cost. devastating effect on the industry, used throughout the entire rule- It will save money and also be friendly eliminate competition, and cost thou- making. The cost of an air conditioner to our environment. All of this make sands of jobs. By contrast, a 12 SEER will increase by $712—nearly 30 per- sense as part of an energy policy. standard will benefit consumers, pre- cent—if a 13 SEER standard is imposed. Mr. President, how much time is re- serve jobs and competition, and truly For most consumers in the Midwest maining? save energy. I support the amendment The PRESIDING OFFICER. The Sen- and northern regions of the country to strike the 13 SEER standard, and I ator has 2 minutes 20 seconds. the ‘‘payback’’ time for recovery of the encourage my colleagues to do the Mr. DORGAN. I reserve the remain- additional costs is well over 10 years. same. der of my time. For these consumers—the extra cost of I yield the remaining time to the Mr. MURKOWSKI. Mr. President, the more efficient unit just simply Senator from Iowa. how much time remains on our side? isn’t worth it over the life of the equip- The PRESIDING OFFICER. The Sen- The PRESIDING OFFICER. There re- ment. ator from Iowa. mains 4 minutes 18 seconds. This dramatic increase in the cost of Mr. HARKIN. Mr. President, I thank Mr. MURKOWSKI. Mr. President, I a new air conditioner under a 13 SEER the distinguished Senator from Alaska was going to speak on behalf of the standard will make air conditioning for his comments. I support him in amendment, but I will defer to Senator unaffordable for many seniors, working favor of a 12 SEER standard instead of HARKIN. He controls the time. families, and low-income consumers, a 13. I join with my friend from Mis- Mr. HARKIN. I am sorry, how much many of whom own single family sissippi. I thank him for his strong sup- time remains? homes and many of whom rely on air port of this amendment. The PRESIDING OFFICER. The conditioning for their health and well It always sounds nice. You do a 13, Chair corrects the time. There remain being. you are going to save a lot of energy 5 minutes 32 seconds. For small and manufactured homes, and can quote from EPA and that stuff. Mr. MURKOWSKI. Will my colleague the expense is even greater. The size of But the fact remains, No. 1, the De- proceed now. I am going to take 2 min- an air conditioner under a 13 SEER partment of Justice in the last Admin- utes. standard is substantially larger than istration had real concerns about a 13 Mr. HARKIN. Whatever the Senator under a 10 or 12 SEER standard. This standard and this administration said wants. creates enormous retrofitting problems this would be harmful to small busi- Mr. MURKOWSKI. I will yield to the and much higher cost, particularly in nesses, this would not be competitive. Senator the remaining time. manufactured housing. The larger cool- No. 2, the professionals in the De- Mr. HARKIN. I thank my colleague. ing coils simply cannot fit in the space partment of Energy in both the past Mr. MURKOWSKI. Mr. President, made for the smaller unit. administration and in this one have this amendment strikes the mandate Because of the substantial increase said a 12 standard is the best standard. for a 13 SEER standard for residential in cost, many consumers will choose to What happens if you go to a 13? The air-conditioners and heat pumps. As we fix older units that are less energy effi- cost of these air-conditioners will be know, the DOE would be required to cient instead of make a new purchase. higher. The elderly, modest-income issue a new 12 SEER efficiency stand- This would defeat the purpose of higher people, people who live in manufac- ard within 90 days. This would result in standards—to save energy and reduce tured homes, will be less able to afford the same standard as recommended by heating and cooling expenses. them.

VerDate 11-MAY-2000 03:35 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.043 pfrm12 PsN: S25PT1 S3368 CONGRESSIONAL RECORD — SENATE April 25, 2002 What they will do is they will keep My colleagues may be aware of a It would cost American consumers $1 their old air-conditioners, and those number of other rules that came under billion dollars on their electricity bills. are less energy efficient. They will not the Bush administration’s scrutiny as And it would degrade the reliability move to the new ones. a result of this freeze on environmental of our already strained transmission The cost of going from 10 to 13 will be protections. The list is long and in- grid. more than $700 per air-conditioner. To cludes: the attempt to roll back the ar- I believe these alone are compelling go to a 12, it is about $407. senic standard for drinking water; sus- facts. But I also want to talk about a Keep in mind, under the rules the De- pension of the roadless rule, designed benefit of the 13 SEER standard—the partment of Energy has to abide by, to protect more than 60 million acres standard that is now in this bill—that they have to look not just at the en- of untouched national forests from became obvious to us in Washington ergy use, they have to look at the im- road building and logging; and even the State during the height of the Western pact it has on certain subgroups, such Clinton administration’s New Source energy crisis. as those of modest means. Under the 13 Review policy, restricting harmful that is in this bill, it will mean a lot of emissions from power plants. Now, in my State, we don’t have a lot low-income people in this country are Given this laundry list of environ- of air-conditioning load during the going to be harmed. It will mean the mental reversals, it should probably summer because our major population elderly who need air-conditioning, not surprise us that the Bush adminis- centers are located in a temperate cli- when it really gets hot, their health tration also took steps to undermine mate where temperatures eclipse 80 for and their well-being, will be unable to the air conditioning efficiency stand- only a few days a year. In fact, our have the air-conditioning they need. Is ard. After merely 2 months of review— peak energy usage occurs during the this what we want to do around here? compared to the 8-year rulemaking winter—for heating purposes. But this When Senators come to vote on this process of the Clinton administration— is an important issue for ratepayers in issue, I hope this is not some kind of a the Department of Energy last April my State nonetheless, because we are knee-jerk reaction: 13 is higher than 12 proposed lowering the air conditioning upstream from—and interconnected, and we want to have a higher energy efficiency standard to SEER 12, or by through Oregon, to—California. And in efficiency standard, so we will vote for at least 10 percent relative to the Clin- California, air conditioners account for 13, without thinking about what the ton rule. What is more, the Bush stand- as much as 30 percent of peak energy implications will mean, what it will ard wouldn’t even go into effect until demand on hot summer days. That is, mean to consumers, the elderly, the 2006. during the business hours when our low-income people all over this coun- And so, the fix is in. If we leave this economy requires the most energy to try. important standard to the discretion of function—during the day, when tem- Last, what is it going to mean to this administration’s Department of peratures are also at their height—air jobs? We have thousands of jobs in my Energy, we will needlessly lower the conditioning alone uses almost a third State of Iowa that are in jeopardy, dire bar for the efficiency of appliances that of all the energy consumed in that jeopardy if the standard of 13 stays in use as much as 28 percent of all the State. this bill. These are companies that electricity consumed in this nation on Now, a very painful lesson was driven produce good quality equipment. You hot summer days. Thus, this amend- home up and down the west coast last have all heard of Lennox. It is a great ment would adversely impact our envi- year. That is, when supply is tightest— company. But I can tell you right now, ronment, the reliability of our trans- during periods of peak demand—the if it goes to 13, Lennox will be squeezed mission grid and our Nation’s con- grid is also the most constrained and and jobs will be lost in my state of sumers. wholesale power prices are the most Iowa. I also think it’s interesting to note volatile. When supply is tight, utilities Any way you cut it, the 13 standard that the Bush administration’s pro- switch on their so-called ‘‘peaker’’ that is in the substitute amendment posed standard has been vigorously plants—plants that are usually the now before this body is not going to challenged—not just by consumer most obsolete, least efficient, environ- achieve the goals of lower electric en- groups, environmental and energy effi- mentally damaging and run for only a ergy use people hope for. Instead, it is ciency organizations, but also by utili- few hours a year. And as my colleagues going to hurt our elderly, our low in- ties themselves, State utility regu- are aware—because of the unique na- come, and especially the jobs of the lators, some of the same large and ture of electricity as a commodity that people who work in these industries small appliance manufacturers that cannot be stored—that very last mega- today. this amendment purports to help, and watt of electricity needed to meet de- I reserve the remainder of my time, even the Bush administration’s own mand is by far the most expensive. It however much it might be. Environmental Protection Agency. can have an almost exponential effect The PRESIDING OFFICER. The time Indeed, in comments on the Depart- on power supply costs across a market. of the Senator has expired. ment of Energy’s rulemaking, the Dep- And it’s a primary driver in price Ms. CANTWELL. Mr. President, I uty Administrator of the EPA wrote spikes and volatility. rise today in opposition to this amend- that ‘‘the EPA believes there is a ment, which would leave it to the Sec- strong rationale to support a 13 SEER So by increasing the efficiency of air retary of Energy to decide what effi- standard,’’ put in place by the Clinton conditioners—by 30 percent under the ciency standard should be applied to rule, and further alleged that several Clinton administration standard that residential air conditioners and heat DOE’s arguments in justifying its pro- this bill contains—we would essentially pumps. This is an attempt to reduce by posed rollback contained ‘‘overesti- be helping to drive down peak demand at least 10 percent the energy effi- mates,’’ ‘‘underestimates,’’ and ‘‘misin- in a way that will also lessen volatility ciency requirement proposed in this formation.’’ in electricity markets, enhance the re- bill, which reflects the standard pro- Now, why this fight over a seemingly liability of the grid and spare our envi- mulgated by the Department of Energy obscure requirement? What is the dif- ronment emissions from these peaker in January 2001—the result of a com- ference between a 12 SEER and 13 plants. prehensive rulemaking effort and mul- SEER standard? I believe the efficiency standard con- tiple years of hearings and analysis. By 2020, the Bush administration’s tained in this bill is right for con- The new standard, called SEER 13, proposal—which this amendment would sumers and it is right for the environ- seasonal energy efficiency ratio, was render a foregone conclusion—would ment. Contrary to what some of my supposed to take effect last February, increase by nearly 14,500 Megawatts colleagues may assert, it is also immi- but it was delayed by the Bush admin- the peak electricity demand across this nently achievable for industry. All istration’s suspension of a long list of country. That is roughly the same as manufacturers already make air condi- Clinton era environmental rules in the output from 48 new power plants. tioning models that comply with the 30 what’s come to be known as the ‘‘Card It would, every year, add 2.5 million percent savings standard contained in Memo’’—the legality of which is still metric tons of carbon emissions into this bill—so clearly, the technology al- subject to litigation. our air; ready exists. And the Department of

VerDate 11-MAY-2000 04:11 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.045 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3369 Energy concluded in its 8-year rule- misguided effort. I believe strongly COMMENTS OF THE U.S. ENVIRONMENTAL PRO- making that the standard would actu- that the provision we have in the bill is TECTION AGENCY ON THE PROPOSED RULE, ally increase—not reduce—manufac- the right provision. ENERGY CONSERVATION PROGRAM FOR CON- turing jobs in this sector. SUMER PRODUCTS, CENTRAL AIR CONDI- I urge my colleagues not to support TIONERS AND HEAT PUMPS ENERGY CON- So I think the choice is clear. The the amendment that is offered by the SERVATION STANDARDS, DOCKET NO. EE– evidence supports the standard con- Senator from Iowa. RM–98–440, OCTOBER 10, 2001 tained in this bill. This is an oppor- OVERVIEW OF EPA COMMENTS EXHIBIT 1 tunity for this body to resist yet an- The Environmental Protection Agency other Bush administration environ- UNITED STATES ENVIRONMENTAL welcomes the opportunity to comment on mental rollback. So I ask my col- PROTECTION AGENCY, the Department of Energy’s Proposed Rule leagues to oppose this amendment. Washington, DC, October 19, 2001. setting forth energy conservation standards Mr. BINGAMAN. How much time re- Ms. BRENDA EDWARDS-JONES, for residential central air conditioners and mains for the opponents? U.S. Department of Energy, Office of Energy Ef- central air conditioning heat pumps. EPA The PRESIDING OFFICER. There re- ficiency and Renewable Energy, Energy recognizes that the new proposed DOE rule Conservation Program for Consumer Prod- main 2 minutes 17 seconds. represents a 20% increase in minimum effi- ucts: Central Air Conditioners and Heat ciency standards for central air conditioning The Senator from New Mexico. Pumps, Docket No. EE–RM/STD–98–440, Mr. BINGAMAN. Mr. President, to and heat pumps. However, we instead sup- Washington, DC. port the previous final rule of a 30% increase. just put this in perspective, this is an- DEAR MS. EDWARDS-JONES: On behalf of the EPA has issue with several of the argu- other one of these amendments that we U.S. Environmental Protection Agency, I am ments DOE used to justify the withdrawal of have seen a few of during this debate pleased to submit the attached comments to the previous final rule as outlined within the over the last several weeks—the sky is Docket No: EE–RM–98–440, the Department Federal Register Notice of July 25, 2001 and falling, don’t try requiring anything of Energy’s Proposed Rule: Energy Conserva- the Technical Support Document. In sum- that is onerous. tion Program for Consumer Products; Cen- mary, EPA believes that the information in The truth is the provision in the bill tral Air Conditioners and Heat Pumps En- the Federal Register Notice of July 25, 2001: ergy Conservation Standards. overstates the regulatory burden on manu- says that by the year 2006 we believe facturers due to HCFC phase-out and con- the air-conditioners sold in the country DOE has proposed a change to its pre- cludes that the industry is under greater fi- ought to meet this SEER standard. viously issued standard that decreases en- nancial pressure from a 13 SEER standard Lennox, the manufacturer which is the ergy efficiency requirements for residential than it is, one the Senator from Iowa referred to air conditioners and heat pumps. DOE pro- understates the savings benefits of the 13 today, has over 19 models of air-condi- poses to withdraw its previously issued 13 SEER standard, SEER standard and replace it with a 12 tioners, and 130 of those models already over and underestimates certain distribu- SEER standard. These comments affirm tional inequalities, meet the standard in 2002. We are say- EPA’s support for DOE’s original 13 SEER mischaracterizes the number of manufac- ing that 4 years from now we would standard. turers that already produce at the 13 SEER like for the others to meet the stand- EPA believes there is a strong rationale to level or could produce at the 13 SEER level ards as well. support a 13 SEER standard. A 13 SEER through modest changes to the products, and Carrier lists 1,000 models that they standard represents a 30% increase in the thereby mischaracterizes the availability of make available. Of those, fewer than minimum efficiency requirements for central 13 SEER product. 100 have a SEER standard of less than air conditioners and air source heat pumps. EPA believes there is a strong rationale to 13. They don’t have any air-condi- In contrast, a 12 SEER standard represents support a 13 SEER standard. EPA also be- lieves that the more stringent standard will tioners on the market with a SEER only a 20% increase. The Administration’s National Energy Policy stresses the impor- be more representative of the long term standard of less than 12.25. So we are goals of the administration’s energy policy saying, 4 years from now let’s move to tant role that energy efficiency plays in our energy future. A 13 SEER DOE standard will and will do more to reduce both the number the higher standard. do more to stimulate energy savings that of new power plants that need to be con- The EPA—not just the EPA of the benefit the consumer. DOE has quantified structed, as well as the emissions resulting prior administration but the EPA of these savings at approximately 4.2 quads of from these plants. EPA’s more detailed com- this administration—agrees with our energy over the 2006–2030 period, equivalent ments are provided below. position. to the annual energy use of 26 million house- OVERSTATED REGULATORY BURDEN DUE TO I ask unanimous consent that fol- holds and resulting in net benefits to the HCFC PHASEOUT lowing my remarks, we have printed in consumer of approximately $1 billion by 2020. EPA analysis indicates that the Depart- In comparison, DOE projects that only 3 the RECORD a letter dated October 19 ment of Energy’s (DOE) projected cost for quads of energy would be saved over that from Linda Fisher, Deputy Adminis- manufacturers to transition from HCFT–22 same period with a 12 SEER standard. to a substitute for residential central air trator of EPA, saying that EPA be- conditioners and heat pumps is likely to be lieves there is a strong rationale for A 13 SEER standard will also do more to reduce fossil fuel consumption and more to a significant overestimate. Both EPA’s own the 13 SEER standard we have in this limit emissions of air pollutants. For exam- analyses, and estimates from at least one bill. ple, by avoiding the construction of 39 400 large manufacturer indicate that the DOE The PRESIDING OFFICER. Without megawatt power plants, a 13 SEER standard estimates in their Technical Support Docu- ment (TSD) are at least twice as high as war- objection, it is so ordered. will reduce nitrous oxides (NOx) emissions by (See Exhibit 1.) up to 85 thousand metric tons versus up to 73 ranted based on prior industry transitions Mr. BINGAMAN. Mr. President, it is thousand metric tons that would be reduced and more recent trends. The attached analysis from EPA’s con- clear to me there are a great many with a 12 SEER standard. A 13 SEER stand- ard will also result in cumulative greenhouse tractor, ICF Consulting, suggests a more rea- benefits to be achieved for our country, sonable estimate of the cost to be around $20 for consumers, and for the environ- gas emission reductions of up to 33 million metric tons (Mt) of carbon. This is in con- to $30 million per company, rather than the ment, in lower electricity bills, by trast to a 12 SEER rule which will reduce up $50 million estimated by DOE, for the fol- going ahead and maintaining the provi- to 24 Mt of carbon equivalent by avoiding the lowing reasons (see Exhibit 1): The costs to retool a facility to accept new sion we have in the bill, the 13 SEER construction of 27 400 megawatt power compressors is estimated at only $2 million. standard. My colleague from Iowa says plants. At a time when many areas across The capital cost for converting from CFC– the nation are struggling to improve their it is going to cost a tremendous num- 12 to HFC–134a for the entire U.S. refrig- air quality, the additional emissions reduc- ber of jobs. The Department of Energy erator industry was estimated to range from tions achieved by a 13 SEER standard are es- itself—this Department of Energy— $7 million to $23 million. pecially important. says this will create jobs and it will Projects approved under the Multilateral not lose jobs. It requires a few more Thank you for the opportunity to provide Fund of the Montreal Protocol for conver- workers to produce these air-condi- these written comments. Should you have sion of refrigerator manufacturing plants tioners with this higher standard. In- any questions, please contact Dave Godwin from use of CFCs to both HFC–134a refrig- stead of losing jobs in 2006 when this in EPA’s Office of Air and Radiation at 202– erant, and HCFC or hydrocarbon foam proc- 564–3517 or via e-mail at god- esses, show incremental cost estimates of new mandate will be effective, we will [email protected]. $200,000 to $1 million. be creating jobs. Sincerely, These estimates are based on the expecta- If this is an effort to protect jobs for LINDA J. FISHER, tion that the industry will transition to one manufacturers in this industry, it is a Deputy Administrator. or both of the two refrigerant HFC blends

VerDate 11-MAY-2000 03:35 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.063 pfrm12 PsN: S25PT1 S3370 CONGRESSIONAL RECORD — SENATE April 25, 2002 that have emerged as likely replacements for ciency rule (whether 12 SEER or 13 SEER) by holds below the poverty level, about 60% HCFC–22 (as cited in the TSD), R–407C and R– 2006. One example would be: rent their housing units. This is in contrast 410A, and appear to provide roughly equiva- Step up current production of high effi- to 27% of above poverty level households lent or better energy efficiency. ciency HCFC–22 equipment; that rent (See Exhibit 2). Therefore, low-in- Furthermore, many manufacturers can Meanwhile, phase out production of lower come consumers, or those defined as ‘‘poor’’ produce 13 SEER units with only minor efficiency HCFC–22 units by 2006; in TSD Table 10.1, are not the ones to buy a modifications to their facilities. DOE al- By 2010, switch these high-efficiency pro- central A/C or heat pump product, but they ready acknowledges in the TSD that using duction lines to a new refrigerant while en- would be the one to pay the utility bill (or ‘‘407C lowers the efficiency of unmodified R– suring the efficiency standards are still met. likely face increased rents if utilities were 22 systems by 5–10 percent under the SEER Another example would be: included in their rent) for the use of that test conditions.’’ (TSD, page 4–49). Thus, an Move directly to producing R–407C and/or product. Instituting a higher minimum effi- unmodified R–22 system of 13.7 to 14.4 SEER, R–410A units that meet the new DOE effi- ciency standard will actually ensure that charged with R–407C, would achieve a 13 ciency regulations; low-income consumers have lower utility SEER. Of the seven manufacturers listed in Increase the production of these units to bills, providing a benefit to this population. the TSD, six (Carrier, Goodman, Rheem, meet customer demand by 2006; MISINFORMATION ON PRODUCT AVAILABILITY Meanwhile, phase out all HCFC–22 units by Lennox, Trane and York) currently offer cer- DOE justifies a lower SEER rule because 2006. tified products with a SEER of 14.4 or great- the higher efficiency levels would put manu- Of course, some combination of these er, Nordyne makes units up to 14 SEER. Fur- facturers out of business. However, according strategies is more likely to be taken and thermore, it can only be assumed that minor to the Air Conditioning and Refrigeration In- seems to offer the most opportunity for man- design changes accounting for the use of R– stitute (ARI) database of model combina- ufacturers to reduce regulatory burden. 407C would lower or eliminate the 5–10% effi- tions, many manufacturers already produce The TSD states ‘‘To the extent that manu- ciency loss. models that meet the 13 SEER requirements. facturers can introduce new products uti- With respect to R–410A, the TSD states This technology has been available for many lizing the new refrigerant and meeting the that ‘‘manufacturers can preserve system ca- years to large and small manufacturers new efficiency standard, the cumulative bur- pacity by reducing tube diameter (and tube alike. Although confidential ARI shipment den will be reduced.’’ (TSD page 8–62). EPA costs). Furthermore, 410A can provide a information may not reflect large sales of believes that there is ample opportunity to slight efficiency boost at the SEER testing high efficiency equipment, the publicly ac- points.’’ (TSD, page 4–49). Thus, the use of R– meet both a 13 SEER efficiency standard and cessible ARI database of models shows exten- 410A, while likely requiring more redesign of a ban on HCFC–22 in new equipment with sive product availability. Over 7,000 air equipment, may actually increase effi- limited regulatory burden. source heat pump model combinations and ciencies. This increase would eliminate the UNDERESTIMATES OF SAVINGS IN THE COST over 14,000 central air conditioner model need to take some of the steps outlined in BENEFIT ANALYSIS combinations currently meet or exceed the the TSD necessary to comply with a 13 SEER DOE’s analysis of the benefits of the with- 13 SEER level as listed by ARI. rule while using HCFC–22 refrigerant. The drawn 13 SEER rule are significantly under- The TSD (TSD page 8–2) describes a group TSD necessary to comply with a 13 SEER estimated. DOE’s analysis is based on sum- of manufacturers that ‘‘offer more substan- rule while using HCFC–22 refrigerant. The mer 1996 electricity prices, adjusted down- tial customer and dealer support and more TSD notes that ‘‘Carrier introduced a line of ward based on EIA projections of future an- advance products. To cover these higher op- products based on 410A in 1998 and most nual electricity prices. Changes in the elec- erating expenses, this group attempts to other major manufacturers have since fol- tricity market due to utility deregulation ‘‘sell-up’’ to more efficient products or prod- lowed suit.’’ (TSD page 4–50). has resulted in increased electricity prices ucts with features that consumers and deal- Carrier, the manufacturer with the largest overall. DOE did not consider this trend in ers value.’’ With a higher standard, these (31%) share of the residential central air con- its analysis. manufacturers would not go out of business, ditioner market (TSD, page 8–60), already of- According to Synapse Energy Economics’ but would rather continue to sell-up, to even fers efficient R–410A units. ARI lists over wholesale electricity price data, DOE anal- higher efficiency levels or additional valued 1000 models manufactured by Carrier that ysis underestimates the cost of electricity features. use R–410A, ranging in cooling capacity from for residential air conditioning by an aver- Furthermore, results and upcoming plans 23,200 Btuh (less than 2 tons) to 60,000 Btuh (5 age of approximately $0.02/kWh. In addition, for utility programs around the country also tons). Of these, only a few dozen have a the California Public Utilities Commission document the availability of 13 SEER and SEER of less than 13, and all have a SEER of raised some residential rates by as much as above products, as well as the demand for at least 12.25. The maximum SEER listed is 37%, affecting more than 10% of the U.S. such products. Austin Energy’s Residential 18. While these models do not represent all of electricity market and thereby, raising the Efficiency Program 2000–2001 gave rebates to Carrier’s products, it is apparent that national average electricity prices above single family existing homes for installation switching to R–410A and achieving SEER DOE’s projections. Adjusting DOE’s analysis of split systems and heat pumps with effi- ratings of 13 is very much possible. Carrier to include more recent electricity prices will ciencies of 12 SEER and above. Rebates were may now be in a position to increase its definitely and drastically alter the results staged: $150 for 12.0–12.9 SEER; $250 for 13.0– manufacturing capacity of these R–410A indicating that a DOE minimum standard of 13.9 SEER; $400 for 14.0–14.9 SEER; and $500 lines by the 2006 DOE deadline, thus meeting 13 SEER represents the better decision for for 15.0 and above. In total, 4,000 rebates a 13 SEER standard with little or no addi- the nation. averaging $312 were given to consumers. tional regulatory burden. To the extent that These numbers illustrate that a significant Carrier cannot increase its production of R– OVER AND UNDER ESTIMATES OF portion of the rebates given were for 13 410A by 2006 to meet demand, it can supple- DISTRIBUTIONAL INEQUITIES SEER and above units. ment production with high-efficiency HCFC– EPA sees distributional inequalities that In New Jersey, a 3-year rebate structure 22 units until 2010. DOE has not adequately considered. One re- began in 2000 with a $370 rebate given for the Goodman, the manufacturer with the sec- sults from the fact that the residential price installation of 13.0 SEER equipment and a ond largest share (19%) of the market, had of electricity does not capture the complete $550 rebate given for 14.0 SEER equipment. A already expressed support for the 13 SEER. cost for running systems that largely run at total of 14,000 rebates were given in the year Goodman has analyzed the costs associated peak times. That is, except in select cir- 2000. As of August 2001, 8000 rebates were with switching refrigerants and meeting a 13 cumstances, residential customers purchase given out with approximately 6,000 of these SEER standard and expects the combined electricity based upon averages rates, not units at the 14.0 SEER level. Overall results cost for both will be on the order of half of ‘‘time-of-use’’ rates. The actual costs of elec- in New Jersey show that 27% of the market DOE’s $50 million estimate for just the re- tricity at peak times are dramatically more (1998–2000) are 13 SEER or higher with 60% of frigerant transition. They feel that this $25 and therefore, higher peak rates drive up the those being at the 14 SEER or higher levels. million per company is representative of the average costs. Less efficient equipment oper- The Long Island Power Authority (LIPA) vast majority of the industry. ating at peak times drives up the cost of instituted a program similar to the one in Many other companies offer or are well electricity for all customers, including those New Jersey offering rebates for installation into the development of equipment using al- of low income, who are less likely to have of 13.0 and 14.0 SEER equipment. Results to ternatives to HCFC–22. For instance, Lennox central air conditioning. According to 1997 date show that LIPA is on target to reach offers products with R–410A, ranging from Residential Energy Consumption Survey their goal of approximately 3,500 rebates for 11.35 to 15. 15 SEER. Of 199 models listed, (RECS) microdata (the same data set used by 13 SEER equipment. Approximately 80% of with capacities ranging from 23,600 to 61,000 DOE in their analysis), of the total 101 mil- these rebates are for SEER 14 equipment. Btuh, 130 models meet or exceed 13 SEER. lion households represented, approximately LIPA is expecting to ramp up to 5000 rebates As we look forward over the next decade, 46% have central air conditioning, but in 2002. Overall, 17% of LIPA’s market in 2000 there are a number of paths that companies among poor households, only 25% have cen- is at 13 SEER or higher, with the market can take to keep these costs low as they tral air conditioning; just half the rate of share for existing homes even higher at 22%. work to comply with the EPA regulations presence among non-poor households (See Program plans for 2002 in Texas and Cali- banning the shipping of new equipment Exhibit 2). fornia are geared toward equipment at 13 charged with HCFC–22 starting January 1, Also related to distributional equities and SEER and above. Reliant Energy in South- 2010 and work to comply with the DOE effi- according to the RECS data, among house- east Texas is planning an incentive program

VerDate 11-MAY-2000 03:35 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.028 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3371 to target 13 SEER and above matched sys- produce 13 SEER equipment today. In re- would force all energy manufacturers to be tems. California’s two large municipal utili- ality, the only difference between a 10 SEER truly competitive and provide all consumers ties (Sacramento Municipal Utility District unit, a 12 SEER unit and a 13 SEER unit is with the most affordable energy efficient and Los Angeles Department of Water and a little more copper and aluminum used in technology for air conditioners that is avail- Power) and four investor owned utilities manufacturing different sized coils. Given able today. (San Diego Gas and Electric, Southern Cali- the fact that the units have equivalent tech- Just as the Administration has been sup- fornia Gas, Southern California Edison, and nologies, at Goodman we run all of our portive of energy efficiency and conservation Pacific Gas and Electric), serving over equipment through the same facilities and measures, Goodman too supports the use of 30,000,000 consumers, are planning rebate assembly lines. Since Goodman and most more energy-efficient appliances, specifi- programs to assure California residents re- other manufacturers currently produce the cally air conditioners and heat pumps. How- ceive energy efficient equipment, measures, 13 SEER air conditioner, moving to the high- ever, rather than rolling the energy effi- and practices that provide maximum benefit er SEER will simply mean producing a high- ciency standard back to 12 SEER, a 20 per- for the cost. These programs all revolve er volume. This will also mean more jobs at cent increase in efficiency, we support a 13 around 13 SEER equipment or higher. Actual the industry level, thus improving the econ- SEER standard, a 30 percent increase in effi- incentive amounts are not yet available. omy. ciency. There has also been some confusion about A 13 SEER standard is achievable today ORAL STATEMENT FOR DOUG MARTY, EXECU- the size of the 13 SEER equipment versus the and will certainly be achievable in 2006. A 13 TIVE VICE PRESIDENT, ON BEHALF OF GOOD- 12 SEER equipment. It has been said that SEER standard will significantly reduce en- MAN GLOBAL HOLDINGS COMPANY, U.S. DE- there is an enormous difference in the size of ergy consumption, cut utility costs for con- PARTMENT OF ENERGY, OFFICE OF ENERGY the units and with that a tremendously high- sumers and improve air quality by reducing EFFICIENCY AND RENEWABLE ENERGY er related cost for installation. It is clear the amount of air pollutants and greenhouse that an increased efficiency standard will be PUBLIC HEARING REGARDING ENERGY EFFI- gases emitted from fossil-fueled electric established at least at a level of 12 over the CIENCY STANDARDS FOR CENTRAL AIR CONDI- power generating facilities. current 10 SEER standard. If the decision is TIONERS AND HEAT PUMPS—SEPTEMBER 13, In closing, Goodman strongly urges you to made to adopt the 12 SEER standard, the 2001 consider establishing a 13 SEER standard for unit size will be slightly bigger and will re- residential air conditioners and heap pumps Assistant Secretary David Garman, and quire some structural modifications to in- beginning in 2006. Again, it is the right thing other members of the Department of Energy stall the indoor portion of the system includ- to do for both the consumer and the environ- Staff . . . thank you for the opportunity to ing ductwork during installation of the unit. ment. speak here today. Once we acknowledge that there will be a The PRESIDING OFFICER. All time My name is Doug Marty and I am the Ex- standard that will likely require some struc- ecutive Vice President of Goodman Global tural modification, one must compare the 12 on the amendment has expired. Holdings out of Houston, Texas. Let me start SEER unit to the 13 SEER unit. The dif- AMENDMENT NO. 3198 by giving you a brief background of our com- ference between our 13 SEER and 12 SEER Mr. REID. Mr. President, it is my un- pany: Goodman is the second largest residen- external equipment is only 3–5 inches in derstanding we are now going to move tial air conditioning and heating manufac- height. The internal equipment size for the to the debate on the Carper amend- turer in the United States. Founded in 1975 12 and 13 are similar, and there is almost no by the late Harold Goodman, Goodman re- difference in the installation costs associ- ment. Is that a valid statement? mains entirely family-owned. We produce a ated with a 13 SEER unit and a 12 SEER The PRESIDING OFFICER. The Sen- complete line of residential and light com- unit. ator is correct. mercial air conditioning and heating equip- There have also been claims that the 13 Mr. REID. Mr. President, I ask my ment with facilities in Houston, Texas as SEER standard would cost consumers sub- two colleagues—the Senator from Dela- well as Dayton and Fayetteville, Tennessee. stantially more money than the proposed ware and the Senator from Michigan— Name brands sold by Goodman include rollback to a 12 SEER standard. According if there is any way to pare that time Amana, Goodman, GmC, and Janitrol. to the DOE, the average difference in cost down. We are very close to being able As the nation’s second largest manufac- between a 13 SEER unit and a 12 SEER unit turer, my goal here today is to provide you today is approximately $122. The difference to include another amendment in the with accurate information regarding the in costs for Goodman units is comparable to order prior to the votes. We are now continuing debate to rollback the energy ef- this estimate. Since a 13 SEER unit is 8 per- scheduling 40 minutes. Is there any ficiency standard for air conditioners and cent more efficient that a 12 SEER unit, con- way we can do that in 30, 35, or 25? heat pumps from a level of 13 SEER to 12 sumers will save more on their electric bills Mr. LEVIN. Mr. President, I would be SEER. This debate has been fueled by inac- each and every month for the life of the unit. willing to accept whatever Senator curacies and in some cases outright wrong Thus, over an average life of a home cooling CARPER is willing to make. information. Stronger energy efficiency unit, the savings will easily cover the in- Mr. CARPER. Mr. President, if the standards do not place a major burden on crease in cost, between a 12 SEER and a 13 Senator will yield, I am willing to go manufacturers or limit consumer choice. SEER unit. They do not cause enormous increases in the Moreover, history has shown us time and with 20 or 15. size of the equipment. Finally, they do not time again that once a standard is imple- Mr. REID. Mr. President, I ask unan- impose unreasonable costs on consumers or mented, the market will drive prices down imous consent that the time for the hurt the elderly and low-income families. and make the more efficient equipment even Carper amendment be taken from 40 Let me explain. more affordable for all consumers. How do minutes to 30 minutes evenly divided. Given recent events and for purposes of na- we know this? From experience. In 1992, Mr. SPECTER. Mr. President, reserv- tional security, we now face a time when it when the government implemented the effi- ing the right to object, this is a very is imperative to explore alternatives that ciency standard at 10 SEER, the cost of the brief period of time, 40 minutes. help to improve the efficiency of our energy 10 SEER air conditioning unit dropped dra- use and build our domestic energy infra- matically across the nation. The reason for Mr. REID. Mr. President, I withdraw structure. As we seek alternatives, it is im- the change in price is simple. Once the my request. portant to consider options that strike a bal- standard is set, more sales of that type of The PRESIDING OFFICER. The re- ance between both environmental and energy unit will occur and more volume is manufac- quest is withdrawn. needs. One simple option is energy efficiency tured, thereby allowing the manufacturers The Senator from Delaware. and conservation; specifically, energy effi- to run their plant more efficiently and pass Mr. CARPER. Mr. President, amend- ciency standards for air conditioners should the savings on to the consumer. Since most ment No. 3198, which is at the desk, I be strengthened to a level that provides con- consumers purchase units that perform at believe is now in order under the pre- sumers the most efficient technology avail- the minimum standard, it makes it that vious order. able today at an affordable price and helps to much more important to establish the stand- strengthen our domestic resources. That ard at the correct level, 13 SEER. The PRESIDING OFFICER. The Sen- level is 13 SEER. Finally, in our opinion, Goodman has a ator is correct. Many opponents of the 13 SEER standard marketing philosophy of selling in volume. Mr. CARPER. Mr. President, I yield have argued that moving to the higher level The incremental cost to the manufacturer to myself 5 minutes. would be a hardship on small manufacturers produce a 13 SEER unit is only about $100 Today, the United States of America and that not all manufacturers have the ca- and we feel that the most efficient tech- will consume some 7.8 million barrels pability to produce the more efficient equip- nology should be available to people of all of oil to power our cars, trucks, and ment, thus limiting consumer choice. In income levels at an affordable price. Unfor- vans. Between now and the year 2015, fact, the 13 SEER technology has been avail- tunately, all manufacturers may not have able to both large and small manufacturers this same marketing philosophy. Instead we are told by the Secretary of Energy for approximately 15 years. The Air Condi- some manufacturers may be seeking protec- that 7.8 million barrels of oil per day tioning and Refrigeration Institutes’ own tion of higher profit margins on their more consumption for our cars, trucks, and data shows that virtually all manufacturers efficient equipment. A 13 SEER standard vans will rise by some 36 percent to

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over 101⁄2 million barrels of oil per day. of our oil from abroad. We have a $400 put up with it and ought not to be in My own view is that it would be better billion trade deficit, and it is growing, the position to have to put up with it. for our country if we had no increase. and one-third of that is attributable to Then the New York Times article The amendment Senator SPECTER oil, which is troublesome, and the no- goes on to point out that the Saudi po- and I offer today is one that seeks to tion that we have global warming, and sition is that they are prepared to reduce by one-third—1 million barrels one-quarter of the carbon dioxide that ‘‘move to the right of bin Laden’’ if of oil per day—the amount of oil we are goes up into the air which comes from necessary to make the United States going to consume in 2015 to power our cars, trucks, and vans—we have an ob- capitulate on our policy. cars, trucks, and vans. ligation to set measurable objectives in Now, how much more arrogant and There are a variety of ways to terms of slowing growth and reserving inflammatory can a comment be? achieve those savings. Earlier in this oil. Saudi Arabia produced bin Laden. Fif- debate on the energy bill, Senator This amendment does so in a flexible teen of the nineteen terrorists who at- LEVIN and Senator BOND offered an way. It says to the Secretary of Trans- tacked the United States on 9–11 were amendment that sought to conserve oil portation very clearly: We expect you from Saudi Arabia. Now the Saudis are with respect to our cars, trucks, and to rely on working with the auto indus- telling us they are not only embracing vans. I voted for it, as did Senator try on issuing a regulation that may bin Laden but are prepared to move to SPECTER. I voted for that amendment involve CAFE changes. We also want to the right of him if the United States because I like a number of aspects of it. make sure we rely on alternative fuels. does not yield to their demands on I will mention a few of those aspects. For a State such as Delaware, we changing our policy in the Mideast. No. 1, it has been said that we should have a heavy reliance on the raising of In 1973, we faced lines at the gas sta- use the Government’s purchasing soybeans. We like the idea of encour- tion, and I think it would have been a power to commercialize new tech- aging soydiesel. blessing—perhaps a blessing in dis- nologies and provide tax credits to con- For those who come from States guise—if we had not had relief from the sumers to buy more fuel-efficient vehi- where there is a lot of corn, there is oil embargo at that time, so that the cles, and that the auto industry be the notion that the Secretary of Trans- United States, in 1973, would have been given a reasonable lead time. There portation can issue regulations to en- compelled to find alternative sources were a number of very positive aspects courage the consumption of ethanol to of energy. But we went back to our old to the Levin-Bond amendment. help power our cars, trucks, and vans ways, and the old ways were the easy One thing that was missing in the in the future. ways and the ways of consuming vast Levin-Bond amendment was a measur- For those who come from States with quantities of OPEC oil. able objective. During the time I a fair amount of coal and coal waste, I have opposed the CAFE standards; served as Governor of Delaware for 8 there is the notion that you can use that is, for Congress to set a manda- years, we worked often with measur- that waste product to actually create a tory limit of so many miles per gallon, able objectives—job creation, improv- cleaner diesel fuel that can be used for and earlier in this debate I voted ing credit rating, getting people off reducing our reliance on oil, and par- against those CAFE standards. welfare, and reducing the rate of teen ticularly foreign oil. I recall, about a decade ago, being pregnancies. In setting the objectives, I reserve the remainder of my time. we tried not to micromanage the proc- Mr. President, how much time have I asked to oppose CAFE standards for 1 ess. We set a measurable objective and consumed? year. Well, that year turned into an- tried to hold ourselves accountable to The PRESIDING OFFICER. The Sen- other year, and yet another year. And, that measurable objective. ator has consumed 4 minutes 45 sec- finally, it has been a decade or more, Today, in offering this amendment, onds. and we are still avoiding the imposi- we set a measurable objective. We Mr. CARPER. Thank you. tion of CAFE standards, which is right don’t change the Levin-Bond amend- Mr. President, I yield 5 minutes to because Congress ought not to micro- ment. It is all there in place. We don’t the Senator from Pennsylvania. manage how much gasoline is used. change the amendment offered earlier The PRESIDING OFFICER. The Sen- But where you have a broad policy by the Senator from Georgia, Mr. MIL- ator from Pennsylvania. consideration, as the Carper-Specter LER, with respect to pickup trucks; Mr. SPECTER. I thank my colleague amendment proposes, modestly, to re- that remains where it is. from Delaware. duce the rate of increase—and bear in But we say that in 2015 we want the Mr. President, I support the Carper mind, again, the statistics are that we consumption of oil for our cars, trucks, amendment because I think it is vi- use a little over 7 million barrels a day, and vans consuming at that time 1 mil- tally important that the United States and we will go to more than 10 million lion barrels less than what it otherwise take affirmative steps to free ourselves barrels a day by 2015—this amendment would be without this amendment. from dependence upon OPEC oil. This simply requires the Department of En- Senator SPECTER, in joining me in amendment is a modest step in that di- ergy and the Department of Transpor- this amendment, I thought offered a rection. tation to find a formula to limit it to very constructive change. He suggested While we are using 7.8 million barrels 9.6 million barrels a day. that in order to meet these savings, of oil a day to drive our vehicles—the American ingenuity can find the so- rather than just having the Secretary estimate by the Department of Energy lution to the alternative fuel issue if of Transportation issue a regulation to is that it will grow to 10.6 million bar- we are put to the test we always have. change the CAFE standard, why don’t rels by the year 2015—the Carper-Spec- After all, we put a man on the Moon. we ask the Secretary of Transportation ter amendment proposes to limit that We invented and placed predators—ro- to take into consideration a number of growth to 9.6 million barrels. We are bots—on the battlefield in defense of other factors, including the use of al- still going to use about 2 million bar- our troops. We have plans for a stra- ternative forms of fuel. rels more. But this amendment makes tegic defense initiative. The opportuni- The amendment, as amended by Sen- the modest step of slowing the rate of ties for scientific advances that will re- ator SPECTER, does just that. The Sec- increase by 1 million barrels of oil. duce our dependence on foreign oil are retary of Transportation, in issuing his It is an intolerable situation, for us virtually limitless in our inventive so- regulations in the future, can require to be dependent upon OPEC oil. To- ciety. so much savings from CAFE changes, day’s New York Times carries a report Back in 1973, when we had the long so much savings from alternative fuels, about Crown Prince Abdullah of Saudi gas lines, there was blame attached to including biodiesel, soydiesel, ethanol, Arabia’s proposed statement to the Israel and there was the undercurrent even diesel fuel derived from coal President concerning using Saudi oil as of anti-Semitism in the United States. waste. an ‘‘oil weapon’’ against the United Today, we see the outburst of anti- I think our obligation here is to set States to demand that the United Semitism in Europe and in many parts the objective. The responsibility of the States change our policy in the Mid- of the world as a result of the Israeli Congress and the President is to say— east. That is blackmail, pure and sim- policy and as a result of the United and we now rely for almost 60 percent ple. And the United States ought not to States backing Israeli policy.

VerDate 11-MAY-2000 03:35 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.050 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3373 The PRESIDING OFFICER (Mrs. Defense Department in the Defense au- Bond, I am afraid he is mistaken. He CARNAHAN). The Senator has used 5 thorization bill, we did for the general fundamentally changes the Levin-Bond minutes. Government in the Levin-Bond amend- amendment, which we adopted a month Mr. SPECTER. Madam President, I ment. ago. The change he makes is that he ask for 1 more minute. We also indicated an interest in try- says, forget the consideration of all Mr. CARPER. Madam President, I ing to provide greater tax incentives. those other factors. You have to reduce yield another minute to the Senator. And there will be an effort later on this it by 1 million barrels a day regardless Mr. SPECTER. And this issue I raise afternoon to do exactly that: To in- of the impact on safety, regardless of with some reluctance. But there is no crease the tax incentives that would be the effect on long-term investments by doubt that if we face an embargo and if available to lead us to the advanced these short-term investments for near- we face the Saudis joining Iraq in using technologies, the advanced hybrids, term advances, forget economic prac- oil as a weapon, Israel will be blamed and the fuel cells. tical ability, forget cost, forget all the and anti-Semitism, which now bubbles But then we also did it in a second other factors that we directed the Na- just a little below the surface in many way. We said there also should be in- tional Highway Transportation Safety parts of the world, will rise to the sur- creased CAFE requirements but—and Administration to consider. Even face and exceed it. this was central to the Levin-Bond though he leaves them—he does not I think it is vital that the Congress amendment—those requirements strike them technically; he doesn’t go establish a policy to be independent of should be set after an analysis by the out and cancel them; the words still re- OPEC oil. Today, in Pottsville, Penn- Department of Transportation of all of main—the heart of the matter is gone sylvania, there is a plant which con- the factors which should go into that because the heart of the regulatory verts sludge into diesel fuel. If we set decision—not just what is theoreti- matter in Levin-Bond is that we say to our minds to it, we can use the billions cally, technologically capable regard- the Department of Transportation, you of tons of coal to find an alternative less of cost, but what are the techno- have 15 months. You adopt standards source of oil and not put up with the logical capabilities, what are the costs, increasing fuel economy. If you don’t arrogance and the chutzpah of the what are the impacts on safety, be- do it in 15 months, we are going to Saudis telling us to change our policy cause we had the National Academy of have an expedited procedure in the in response to their blackmail. A Sciences say there is an impact on Senate and in the House to consider strong statement to follow, Madam safety, that you lose lives when you re- different proposals. If you do adopt President. duce the weight of the vehicle. standards, they, of course, would be The PRESIDING OFFICER. Who We had additional factors. If I could subject to legislative review under a yields time? just read through some of these fac- generic statute. Either way, we will The Senator from Michigan. tors: Economic practicability, the need have an expedited process to look at Mr. LEVIN. Madam President, I yield of the United States to conserve en- the recommended number of the De- myself 5 minutes. ergy, the desirability to reduce U.S. de- partment of Transportation after they Madam President, in March, the pendence on imported oil, the effects of go through a regulatory process, not Levin-Bond amendment regarding in- average fuel economy on other stand- before. creased fuel standards for cars and ards, such as relative to passenger safe- This amendment prejudges the out- trucks was adopted by the Senate with ty and air quality. These are all inter- come of the very regulatory process a strong bipartisan vote of 62 to 38. The related criteria. And then: What are which Levin-Bond put into law, if this purpose of the Levin-Bond amendment the adverse effects on the competitive- law is ever signed. was explicit. No. 1, we said we want to ness of domestic manufacturers? What I hope we will defeat this amendment increase fuel economy. It was specified are the effects on the level of employ- for all those reasons. I yield the floor. that way. As a matter of fact, we di- ment in the United States, the costs and lead time? What is the potential of Mr. BIDEN. Mr. President, I rise to rected the Department of Transpor- comment on the vote in relation to tation, in its rulemaking, to increase advanced technologies, such as hybrids and fuel cells, to contribute to the amendment number 3198, which was of- fuel economy. It is very explicit. fered by my friend and colleague from The other provisions of the bill that achievement of significant reductions the State of Delaware, Senator CAR- we adopted were aimed at protecting in fuel consumption? And a very impor- tant one, No. 12: The extent to which PER. The vote by the Senate is on a mo- the environment, reducing our depend- tion to table the amendment. I believe ence on foreign oil, but to do this in a the necessity for vehicle manufactur- ers to incur near-term costs to comply that Senator CARPER should be given a way which would not harm the domes- straight up-or-down vote on his amend- tic manufacturing industry. with average fuel economy standards adversely affects the availability of re- ment, and for that reason, I shall vote We believe, those 62 of us who voted against the motion to table. for it, you could accomplish all of these sources for the development of ad- vanced technology in the future, for Mr. FEINGOLD. Mr. President, I rise goals: You could reduce our dependence to oppose the amendment offered by on foreign oil, you could reduce the leap-ahead technologies. We listed 12 factors that we said the Senator from Delaware, Mr. CAR- amount of oil we use, you could in- should be considered by the Depart- PER. This amendment would add a new crease fuel economy, you could protect ment of Transportation prior to con- section to the conclusion of the fuel the environment, and you could do cluding what the new standard should economy provisions previously adopted that without undermining our econ- be. We said: You have to increase it, by the Senate, which I supported, and omy. That was the purpose of the but we want you to look at 12 factors. which were offered by my colleague amendment, and that is the way we ex- What the Carper amendment does is from Michigan, Mr. LEVIN. The new plicitly stated it. it wipes out, it eliminates all of those section would require the Secretary of The way we accomplish those goals factors. It sets a mandatory amount. Transportation to issue, within 15 becomes vitally important. That is You must reduce by 1 million barrels months, regulations to reduce the what gets to the heart of the debate per day above what is the predicted use amount of oil consumed in passenger this afternoon. The amendment we of gasoline for those years—by another cars and light trucks in 2015 by 1,000,000 adopted did it in two essential ways: agency, by the way—and that is what barrels per day compared to consump- First, we included some positive incen- it does. It cuts the heart out of the tion without such regulations in place. tives. We provided that there would be Levin-Bond amendment. I understand and support the desire joint research and development to a The PRESIDING OFFICER. The Sen- to reduce the use of oil in the transpor- greater extent among Government, in- ator has used 5 minutes. tation sector. Proponents of this dustry, and academia than there had Mr. LEVIN. I yield myself 2 addi- amendment have argued that this been previously or than was proposed tional minutes. amendment is flexible and would allow by the administration. And we pro- The PRESIDING OFFICER. The Sen- the Department of Transportation to vided for Government purchases of hy- ator has that right. take other actions, not necessarily brids, requiring those purchases. Just Mr. LEVIN. When the Senator from through adjustments in the fuel econ- the way we had previously done for the Delaware says it doesn’t change Levin- omy program, to achieve oil savings. In

VerDate 11-MAY-2000 04:41 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.053 pfrm12 PsN: S25PT1 S3374 CONGRESSIONAL RECORD — SENATE April 25, 2002 floor debate on this amendment, how- troleum Reserve to ensure that we Ms. STABENOW. Madam President, I ever, proponents have failed to clearly would never, ever have a situation rise today to oppose the Carper-Specter identify any other means of achieving where we would became so vulnerable. amendment. I join with my colleagues oil savings other than fuel economy We thought at the time that, good in opposition. I note this issue is of standards. I think there is broad con- heavens, if we ever increased 50 percent great importance to my colleague from sensus that new fuel economy stand- imports, that would be beyond the con- Delaware. We have had a lot of con- ards would be the principle tool to sideration of this country from the versations about the best approach to achieve oil savings. standpoint of national defense. increasing fuel efficiency and decreas- I have supported a new rulemaking The problem with the Carper amend- ing our dependence on foreign oil. on fuel economy with my vote in sup- ment specifically is it has no teeth in While I appreciate his effort and the port of the Levin amendment. But the it. We are looking at a situation in the amendment he is bringing forward, I Senate has also passed an amendment Mideast today where clearly oil is a believe the Carper-Specter approach on this bill, sponsored by the Senator weapon. We have seen statements sug- has the same major flaws as the Kerry- from Georgia, Mr. MILLER, which I op- gesting they are going to stand behind Hollings amendment and sets, in fact, posed. The Miller amendment weakens bin Laden’s theory. They are going to an arbitrary CAFE number. It just does current law and exempt pickup trucks stand behind brother Saddam Hussein. it in a different way. It is not called from any future increases in fuel econ- We had an opportunity a few days CAFE, but it has the same effect. omy standards. I feel that a new rule- ago to debate this issue about reducing The Carper-Specter amendment sets, making on fuel economy should exam- our dependence on foreign oil. It was in fact, an arbitrary number which is ine the possibility of fuel economy im- called ANWR. It was substantial. It exactly what we were debating before. provements in all motor vehicles, rath- was defeated. Now we are talking about We wanted a process; we wanted er than exempt certain types of vehi- a smoke-and-mirrors issue where we NHTSA to have the opportunity to cles. have no enforcement mechanism. have a number of months to take into I considered the Carper amendment As a consequence, the Carper amend- consideration all of the factors and not in light of the amendments we have al- ment would have the same negative set an arbitrary number. ready passes. Had the Carper amend- impacts on consumer safety, on vehicle Our opponents, the makers of the ment been included as part of the origi- costs, auto jobs, as the Kerry-McCain amendment, say this is, in fact, not a nal Levin amendment, I might have amendment. It would increase the cost CAFE number and that the amendment felt differently on this matter. But now of cars. Consumers choice is gone, creates a modest and measurable objec- that the Senate has already passed the thousands of jobs, reductions in the tive for reducing vehicle gasoline con- Levin amendment and the Miller rate of growth and several thousand sumption. Unfortunately, it is a man- amendment, supporting the Carper additional deaths and tens of thou- date. It is a fuel economy mandate in amendment is no longer a sound policy sands of injuries. the form of millions of barrels saved decision. To include an oil savings re- Make no mistake about one thing: that is no less arbitrary than the quirement, while excluding a whole We made a decision on CAFE. It was Kerry-Hollings provision that was re- category of vehicles from making fuel based on consideration of lives being placed in this bill. economy improvements, would be a saved by heavier automobiles. You can Currently, the only regulatory au- poor policy decision and inconsistent. increase CAFE dramatically by smaller thority that is available to the Depart- Certain vehicles should not have to automobiles, but you pay the price. ment of Transportation to pursue such achieve greater fuel efficiency because The decision that was made in this regulations through passenger and we chose to exempt a particular cat- body on that issue was very clear. It light truck fleets is the CAFE program. egory of vehicles. was an overwhelming vote to reject No matter what we call it, it is still Fuel efficiency is a critically impor- Kerry-McCain based on consideration CAFE. In essence, the amendment tant issue for our country, and for Wis- for the loss of human lives and injuries. would impose this arbitrary oil reduc- consin. I am committed to achieving We are in the same position today. tion number as an additional require- significant improvements in auto- Make no mistake about it. Our vulner- ment to the Department of Transpor- mobile and light truck fuel efficiency. ability continues. It has been over a tation as it sets the CAFE levels, I look forward to having many of those month since we voted 62 to 38 to adopt thereby undermining and distorting efficient vehicles built in Wisconsin. I the Levin-Bond amendment on fuel the rulemaking considerations and the will look forward to a bill in con- economy standards. We chose at that process that we put together through ference that strongly encourages the time to leave the decisions on fuel the Levin-Bond proposal. Department of Transportation to make economy to the experts. I am particularly concerned because those improvements. This group is not an expert group. We now that we have essentially elimi- The PRESIDING OFFICER. Who choose to let the experts balance the nated pickup trucks from the equation, yields time on the amendment? need for increased fuel economy with it puts even more pressure on the other Mr. LEVIN. How much time remains safety and the needs of the American light trucks and SUVs that are made in on our side? driving public. The Senate was right the United States, which involve the The PRESIDING OFFICER. Twelve once not to pick a fuel economy num- employment of literally hundreds of and a half minutes. ber out of thin air. Let’s not make that thousands of American workers. So it Mr. LEVIN. Madam President, I yield mistake now. is even more distorted, given the 4 minutes to the Senator from Alaska. I urge my colleagues to reject the amendment that passed in the prior The PRESIDING OFFICER. The Sen- Carper amendment. Let’s preserve discussion. ator from Alaska. American jobs and save lives on the Unfortunately, this amendment un- Mr. MURKOWSKI. What we have Nations’s highways. That was the basis dermines the Levin-Bond proposal, and here is an amendment that would re- for our last decision when we visited I urge us to maintain our position of verse the decision on CAFE. Make no this issue. supporting the process set up in the mistake about it. While I am sympa- I yield back my time. Levin-Bond amendment, which passed thetic with the appeal, particularly The PRESIDING OFFICER. Who by such a wide margin, because this from my friend from Pennsylvania, rel- yields time? sets up a positive, new set of rules and ative to how history is repeating itself Mr. LEVIN. Madam President, how guidance from Congress and requires us as far as our increased dependence on much time on both sides remains? to address CAFE’s impact on a wide va- imported oil, I can’t help but look back The PRESIDING OFFICER. Eight riety of issues in order to increase our at what we did in 1973. In 1973, we had and a half to the sponsors and 9 to the fuel efficiency standards. the Yom Kippur War. We had a situa- opponents. We have to look at safety, jobs, the tion where our supply from the Mideast Mr. LEVIN. I yield 4 minutes to the environment, which is very important was interrupted. We had gas lines Senator from Michigan. to all of us—particularly those of us in around the block. We were blaming The PRESIDING OFFICER. The Sen- Michigan. It makes sure we don’t have each other. We set up the Strategic Pe- ator from Michigan. a discriminatory impact on the U.S.

VerDate 11-MAY-2000 04:41 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.068 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3375 automakers—I know that is of concern cans to remember . . . that America In short, this proposal has been care- to all of us—so that we set the stand- imports more than 50 percent of its fully crafted to address the concerns ard given all of these criteria. oil—more than 10 million barrels a day. raised by Senators in both parties re- By requiring an overriding oil reduc- And the figure is rising . . . This de- garding the previous CAFE amend- tion number, the amendment sets a pendence is a challenge to our eco- ment. I hope that the Senate finds this hard target, on top of the other consid- nomic security, because dependence to be a much-improved amendment erations, that the rulemaking would can lead to price shocks and fuel short- that can be broadly embraced. otherwise try to balance. ages. And this dependence on foreign Mr. President, the importance of re- So I believe this amendment puts the oil is a matter of national security. To ducing our reliance on foreign oil has cart before the horse. We have an ex- put it bluntly, sometimes we rely upon been echoed throughout this chamber cellent approach in front of us—I be- energy sources from countries that again and again over the last few lieve the best approach. We are not ar- don’t particularly like us.’’ weeks. I could quote from scores of my guing that we should continue the We consume a quarter of the world’s colleagues on both sides of the aisle freeze on CAFE. In fact, we are saying oil and have about three percent of its who have decried the problem and put let’s put in process the way to get to reserves—so even if we allowed drilling the highest priority on finding a solu- the new technologies. We have a com- in the Arctic Refuge, the Rockies, and tion. bination of market incentives and in- right here beneath the Capitol dome, But when it comes down to it, we vestments in new technologies and tax the nations from which we import oil have failed to prove that we’re willing incentives. We have in place the pack- would still have us over a barrel. to lead America to a better way. This age of incentives, a requirement by Please indulge my oil-dependent puns; must end. We must re-energize our NHTSA of deadlines in terms of num- in the spirit of this amendment, I am commitment to reach bi-partisan con- bered months and the criteria to look trying to get as much mileage out of sensus on weaning our economy off of at. We direct them in a very specific them as possible. fossil fuels. The process will by defini- way. In contrast, Mr. President, the fuel tion be a gradual one—so we must start I urge my colleagues to oppose this efficiency gains we’re proposing today now. amendment and leave in place our cannot be exhausted, they cannot run Mr. President, there are 99 barrels of commitment to the process for raising dry, and they will begin to shift our oil on the wall, 99 barrels of oil. Most fuel efficiency standards that have al- economy away from its usage of oil. of them, no matter how much we ex- These steps are the best way to sub- ready been established in this bill plore, come from overseas. If just one stantially reduce our reliance on for- through the Levin-Bond amendment. of those barrels should happen to fall, The PRESIDING OFFICER. Who eign oil. we’ll still need all 99 barrels of oil on To quote again from the President, yields time? the wall, and they’ll still mostly come ‘‘It’s also important to realize that the Mr. CARPER. Madam President, I from overseas. But if we as a nation transportation sector consumes more yield to the Senator from Connecticut than two-thirds of all the petroleum can change our craving for that oil— 3 minutes. used in the United States, so that any get on the efficiency wagon, so to Mr. LIEBERMAN. Madam President, effort to reduce consumption must in- speak—so that we only need 90 or 80 or I rise to support the Carper-Specter clude ways to safely make cars and 70 and shrinking barrels of oil, we can amendment. trucks more fuel efficient.’’ alter that repetitive refrain. We come today to offer America a I couldn’t agree more. Compared to The question is: Do we have the drive clear path away from foreign oil de- proposals to open precious places to oil to get there? Do we have the will? If we pendency and toward a newly energized exploration, this measure would have the will, American ingenuity can economic future, and that is a new goal achieve more at a monumentally and will find the way. No one should for fuel efficiency of cars and trucks. smaller price to America. In fact, the have any doubt about that. But it America can start engineering itself entrepreneurship, creativity and inge- takes leadership from Washington, and out of its oil dependency if we make it nuity that would be unleashed when that is what I hope we in the Congress a priority. This amendment would do companies strive to hit this target are willing to provide, beginning with just that by setting a bold but realistic would create jobs. They would spur this amendment. goal of reducing our projected depend- economic growth. And, of course, they Madam President, again, I think we ence on oil by one million barrels a day would help repair the environment in all agree on the problem. The problem by 2015, thereby reducing our reliance the process—rather than continue to is that America is dangerously depend- on imported oil. contribute to air pollution, global ent on foreign oil. No matter how great There’s no debate that we must warming, and the degradation that our military might is, how strong our change the status quo. According to often goes along with drilling for oil in economy is, that dependence upon for- the Energy Information Administra- natural places. eign oil makes us vulnerable. tion, in 2001, the U.S. consumed 18 mil- These proposals, Mr. President, are The only way to break our depend- lion barrels of oil per day. Automobiles also more than feasible. Earlier this ence on foreign oil is to diminish our and light trucks used 68 percent of the year, the National Academies of dependence on oil. We just don’t have total, or 12.25 million barrels per day. Science concluded that current tech- enough of it in reserve. One of the most The EIA estimates total U.S. consump- nology was available to achieve effi- tried and true American ways to deal tion of between 25 and 28 million bar- ciency gains that far exceed those re- with problems of this kind is through rels per day by 2020. quired in this amendment, and that thrift, efficiency, conservation, and a The majority of that oil comes from was even excluding consideration of better use of resources. other nations. In 2001, the U.S. im- the hybrid technology that is on the I grew up with a slogan, as I bet a lot ported 9.1 million barrels of oil per day. market right now. We must put our of Members did, which is ‘‘waste not, Approximately 1.65 million barrels per faith in the innovative genius of Amer- want not.’’ We are using fuel in a day came from Saudi Arabia and 0.82 ican industry to meet the challenge wasteful way. million barrels per day came from Iraq. that this amendment poses. This amendment is, in my opinion, The question before us today is, Do Mr. President, this amendment also not in contradiction to the Levin-Bond we keep our blinders on and barrel provides the lead-time and flexibility amendment. Nothing in the Levin- along doing business as usual, knowing our industry needs to achieve these Bond amendment would be undermined full well that we’re headed in the goals. It does not micromanage where or distorted by the rulemaking consid- wrong direction, or do we have the or how these savings should occur, but erations that are effected by this Car- foresight to change course? rather would provide maximum flexi- per-Specter amendment. The language President Bush and my colleagues on bility to the appropriate agencies in is respectful of Levin-Bond and simply the other side of the aisle know we achieving the objective of using, and adds the oil-saving target of reducing have no choice but to change course. therefore importing, less oil. It leaves America’s use of oil by 1 million bar- On February 25 of this year, the Presi- intact all of the provisions that are rels a day by 2015. You remember the dent said, ‘‘It’s important for Ameri- now included in the underlying bill. movie ‘‘Field of Dreams,’’ where it was

VerDate 11-MAY-2000 04:39 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.064 pfrm12 PsN: S25PT1 S3376 CONGRESSIONAL RECORD — SENATE April 25, 2002 said, ‘‘if you build it, they will come.’’ producing states from entering into agree- these nations to sit together and collude to We are saying affirmatively, if we set a ments to restrict oil production in order to limit their oil production for the sole pur- standard America will meet that stand- drive up the price of oil. pose of increasing prices. This conduct is nothing more than an old- The 9th Circuit affirmed the District ard, and probably go beyond it. fashioned conspiracy in restraint of trade Court’s ruling in Int. Assoc. of Machinists in If we do not, we will continue to which has long been condemned under U.S. 1981 (649 F.2d 1354), but on the basis of an en- make ourselves vulnerable by being de- law, and which should be condemned under tirely different legal principle. The 9th Cir- pendent on a source of fuel that we do international law. cuit held that the Court could not hear this not control. We consume a quarter of After some considerable research, we sug- case because of the ‘‘act of state’’ doctrine, the world’s oil. We have about 3 per- gest that serious consideration be given to which holds that a U.S. court will not adju- cent of its reserves. So even if we al- two potential lawsuits against OPEC and the dicate a politically sensitive dispute which lowed drilling in the Arctic Refuge, the nations conspiring with it: would require the court to judge the legality (1) A suit in Federal district court under of the sovereign act of a foreign state. Rockies, and perhaps right here be- U.S. antitrust law. The 9th Circuit itself acknowledged in its neath the Capitol dome, the nations (2) A suit in the International Court of Jus- Int. Assoc. of Machinists opinion that ‘‘The from which we import oil would still tice at the Hague based, perhaps, upon an ad- [act of state] doctrine does not suggest a have us—if you will allow an oil-de- visory opinion under ‘‘the general principles rigid rule of application,’’ but rather applica- pendent pun—over a barrel. of law recognized by civilized nations,’’ tion of the rule will depend on the cir- In contrast, the fuel efficiency gains which includes prohibiting oil cartels from cumstances for each case. The Court also conspiring to limit production and raise noted that, ‘‘A further consideration is the proposed in this amendment cannot be prices. exhausted, cannot run dry, and will availability of internationally-accepted legal (1) A suit in Federal district court under principles which would render the issues ap- begin to shift our economy away from U.S. antitrust law. A case can be made that propriate for judicial disposition.’’ The Court its dependency on oil. We have the your Administration can sue OPEC in Fed- then quotes from the Supreme Court’s opin- technological capacity to do it if law eral district court under U.S. antitrust law. ion in Banco Nacional de Cuba v. Sabbatino, drives that technology. OPEC is clearly engaging in a ‘‘conspiracy in 376 U.S. 398 (1964). Earlier this year, the National Acad- restraint of trade’’ in violation of the Sher- ‘‘It should be apparent that the greater of emy of Sciences concluded that current man Act (15 U.S.C. Sec. 1). The Administra- codification or consensus concerning a par- tion has the power to sue under 15 U.S.C. technology was available to achieve ticular area of international law, the more Sec. 4 for injunctive relief to prevent such appropriate it is for the judiciary to render the efficiency gains that far exceed collusion. decisions regarding it, since the courts can those required in this amendment. In addition, the Administration should then focus on the application of an agreed That even excluded consideration of consider suing OPEC for treble damages principle to circumstances of fact rather the hybrid technology on the market under the Clayton Act (15 U.S.C. Sec. 15a), than on the sensitive task of establishing a right now, which the automakers can- since OPEC’s behavior has caused an ‘‘in- principle not inconsistent with the national not produce fast enough for the con- jury’’ to U.S. ‘‘property.’’ After all, the U.S. interest or with international justice.’’ government is a major consumer of petro- Since the 9th Circuit issued its opinion in sumers who want to buy them. leum products and must now pay higher We have to put our faith in the inno- 1981, there have been major developments in prices for these products. In Reiter v. international law that impact directly on vative genius of American industry to Sonotone Corp., 442 U.S. 330 (1979), the Su- the subject matter at issue. As we discuss in meet the challenge that this amend- preme Court held that he consumers who greater detail below, the 1990’s have wit- ment poses, and I am sure they will not were direct purchasers of certain hearing nessed a significant increase in efforts to only meet it, they will surpass it. aides who alleged that collusion among man- seek compliance with basic international I yield the floor. ufacturers had led to an increase in prices norms of behavior through international The PRESIDING OFFICER. Five had standing to sue those manufacturers courts and tribunals. In addition, there is minutes remain on each side. under the Clayton Act since ‘‘a consumer de- strong evidence of an emerging consensus in Who yields time? If neither side prived of money by reason of allegedly anti- international law that price fixing by cartels competitive conduct is injured in ‘property’ yields time, time will be charged equal- violates such international norms. Accord- within the meaning of [the Clayton Act].’’ ingly, a court choosing to apply the act of ly. Indirect purchasers would appear to be pre- state doctrine to a dispute with OPEC today Mr. CARPER. Madam President, I cluded from suit, even in a class action, may very well reach a different conclusion yield 2 minutes to the Senator from under Illinois Brick v. Illinois, 431 U.S. 720 than the 9th Circuit reached almost twenty Pennsylvania, Mr. SPECTER. (1977), but this would not bar the United years ago. The PRESIDING OFFICER. The Sen- Sates Government, as a direct purchaser, You should also examine whether the anti- ator from Pennsylvania is recognized. from having the requisite standing. competitive conduct of the international oil Mr. SPECTER. Madam President, I One potential obstacle to such a suit is cartel is being effectuated by private compa- voted for the Levin-Bond amendment whether the Foreign Sovereign Immunities nies who are subject to the enforcement of Act (‘‘FSIA’’) provides OPEC, a group of sov- U.S. antitrust laws (for example, former on that 68-to-32 vote. But the Carper- ereign foreign nations, with immunity from state oil companies that have now been Specter amendment is not inconsistent suit in U.S. courts. To date, there has been a privatized) rather than sovereign foreign with that at all. We simply establish a ruling on this issue in only one case. In Inter- states. If such private oil companies are de- consistent standard. We are not estab- national Association of Machinists v. OPEC, 477 termined to in fact be participating in the lishing a CAFE standard. We are just F. Supp. 553 (1979), the District Court for the anticompetitive conduct of the oil cartel, asking that there be a national policy Central District of California held that the then we would urge that these companies be to limit U.S. dependence on foreign oil. nations which comprise OPEC were immune named as defendants in an antitrust lawsuit Today, this week, this month is not from suit in the United States under the in addition to the OPEC members. FSIA. We believe that this opinion was (2) A suit in the International Court of Jus- the first time that I have expressed my wrongly decided and that other district tice at the Hague based upon ‘‘the general concern about our undue dependence courts, including the D.C. District, can and principles of law recognized by civilized na- on foreign oil. I ask unanimous consent should revisit the issue. tions,’’ which includes prohibiting oil cartels that my letter to President Clinton, This decision in Int. Assoc. of Machinists from conspiring to limit production and dated April 11, 2000, and my letter to turned on the technical issue of whether or raise prices. In addition to such domestic President Bush, dated April 25, 2001, be not the nations which comprise OPEC are antitrust actions, we believe you should give engaging in ‘‘commercial activity’’ or ‘‘gov- printed in the RECORD. serious consideration to bringing a case There being no objection, the mate- ernmental activity’’ when they cooperate to against OPEC before the International Court sell their oil. If they are engaging in ‘‘gov- of Justice (the ‘‘ICJ’’) at the Hague. You rial was ordered to be printed in the ernmental activity,’’ then the FSIA shields should consider both a direct suit against RECORD, as follows: them from suit in U.S. courts. If, however, the conspiring nations as well as a request U.S. SENATE, these nations are engaging in ‘‘commercial for an advisory opinion from the Court Washington, DC, April 11, 2000. activity,’’ then they are subject to suit in through the auspices of the U.N. Security President WILLIAM JEFFERSON CLINTON, the U.S. The California District Court held Council. The actions of OPEC in restraint of The White House, that OPEC activity is ‘‘governmental activ- trade violate ‘‘the general principles of law Washington, DC. ity.’’ We disagree. It is certainly a govern- recognized by civilized nations.’’ Under Arti- DEAR MR. PRESIDENT: In light of the very mental activity for a nation to regulate the cle 38 of the Statute of the ICJ, the Court is serious problems caused by the recent in- extraction of petroleum from its territory by required to apply these ‘‘general principles’’ crease in oil prices, we know you will share ensuring compliance with zoning, environ- when deciding cases before it. our view that we should explore every pos- mental and other regulatory regimes. It is This would clearly be a cutting-edge law- sible alternative to stop OPEC and other oil- clearly a commercial activity, however, for suit, making new law at the international

VerDate 11-MAY-2000 05:09 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.065 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3377 level. But there have been exciting develop- The behavior of OPEC and other oil-pro- This decision in Int. Assoc. of Machinists ments in recent years which suggest that the ducing nations in restraint of trade violates turned on the technical issue of whether or ICJ would be willing to move in this direc- U.S. antitrust law and basic international not the nations which comprise OPEC are tion. In a number of contexts, we have seen norms, and it is injuring the United States engaging in ‘‘commercial activity’’ or ‘‘gov- a greater respect for and adherence to funda- and its citizens in a very real way. Consider- ernmental activity’’ when they cooperate to mental international principles and norms ation of such legal action could provide an sell their oil. If they are engaging in ‘‘gov- by the world community. For example, we inducement to OPEC and other oil-producing ernmental activity,’’ then the FSIA shields have seen the establishment of the Inter- countries to raise production to head off them from suit in U.S. courts. If, however, national Criminal Court in 1998, the Inter- such litigation. these nations are engaging in ‘‘commercial national Criminal Tribunal for Rwanda in We hope that you will seriously consider activity,’’ then they are subject to suit in 1994, and the International Criminal Tri- judicial action to put an end to such behav- the U.S. The California District court held bunal for the former Yugoslavia in 1993. Each ior. that OPEC activity is ‘‘governmental activ- of these bodies has been active, handing ARLEN SPECTER, ity.’’ We disagree. It is certainly a govern- down numerous indictments and convictions HERB KOHL mental activity for a nation to regulate the against individuals who have violated funda- CHARLES SCHUMER, extraction of petroleum from its territory by mental principles of human rights. For ex- MIKE DEWINE, ensuring compliance with zoning, environ- ample, as of December 1, 1999 the Yugoslavia STROM THURMOND, mental and other regulatory regimes. It is tribunal alone had handed down 91 public in- JOE BIDEN clearly a commercial activity, however, for dictments. these nations to sit together and collude to Today, adherence to international prin- U.S. SENATE, limit their oil production for the sole pur- ciples has spread from the tribunals in the Washington, DC, April 25, 2001. pose of increasing prices. Hague to individual nations around the President GEORGE WALKER BUSH, The 9th Circuit affirmed the District world. Recently, the exiled former dictator The White House, Court’s ruling in Int. Assoc. of Machinists in of Chad, Hissene Habre, was indicted in Sen- Washington, DC. 1981 (649 F.2d 1354), but on the basis of an en- egal on charges or torture and barbarity DEAR MR. PRESIDENT: In light of the en- tirely different legal principle. The 9th Cir- stemming from his reign, where he allegedly ergy crisis and the high prices of OPEC oil, cuit held that the Court could not hear this killed and tortured thousands. This case is we know you will share our view that we case because of the ‘‘act of state’’ doctrine, similar to the case brought against former must explore every possible alternative to which holds that a U.S. court will not adju- Chilean dictator Augusto Pinochet by Spain stop OPEC and other oil-producing states dicate a politically sensitive dispute which on the basis of his alleged atrocities in Chile. from entering into agreements to restrict oil would require the court to judge the legality At the request of the Spanish government, production in order to drive up the price of of the sovereign act of a foreign state. Pinochet was detained in London for months oil. The 9th Circuit itself acknowledged in its until an English court determined that he This conduct is nothing more than an old- Int. Assoc. of Machinists opinion that ‘‘The was too ill to stand trial. fashioned conspiracy in restraint of trade [act of state] doctrine does not suggest a The emerging scope of international law which has long been condemned under U.S. rigid rule of application,’’ but rather applica- was demonstrated in an advisory opinion law, and which should be condemned under tion of the rule will depend on the cir- sought by the U.N. General Assembly in 1996 international law. cumstances of each case. The Court also to declare illegal the use or threat to use nu- After some research, we suggest that seri- noted that, ‘‘A further consideration is the clear weapons. Such an issue would ordi- ous consideration be given to two potential availability of internationally-accepted legal narily be thought beyond the scope of a judi- lawsuits against OPEC and the nations con- principles which would render the issues ap- cial determination given the doctrines of na- spiring with it: propriate for judicial disposition.’’ The court tional sovereignty and the importance of nu- (1) A suit in Federal district court under then quotes from the Supreme Court’s opin- clear weapons to the defense of many na- U.S. antitrust law. ion in Banco Nacional de Cuba v. Sabbatino, (2) A suit in the International Court of Jus- tions. The ICJ ultimately ruled eight to 376 U.S. 398 (1964): seven, however, that the use or threat to use tice at the Hague based upon ‘‘the general ‘‘It should be apparent that the greater the principles of law recognized by civilized na- nuclear weapons ‘‘would generally be con- degree of codification or consensus con- tions.’’ trary to the rules of international law appli- cerning a particular area of international (1) A suit in Federal district court under cable in armed conflict, and in particular the U.S. antitrust law. A strong case can be law, the more appropriate it is for the judici- principles and rules of humanitarian law.’’ made that your Administration can sue ary to render decision regarding it, since the The fact that this issue was subject to a de- OPEC in Federal district court under U.S. courts can then focus on the application of cision by the ICJ, shows the rapidly expand- antitrust law. OPEC is clearly engaging in a an agreed principle to circumstances of fact ing horizons of international law. ‘‘conspiracy in restraint of trade’’ in viola- rather than on the sensitive take of estab- While these emerging norms of inter- tion of the Sherman Act (15 U.S.C. Sec. 1). lishing a principle not inconsistent with the national behavior have tended to focus more The Administration has the power to sue national interest or with international jus- on human rights than on economic prin- under 15 U.S.C. Sec. 4 for injunctive relief to tice.’’ ciples, there is one economic issue on which prevent such collusion. Since the 9th circuit issued its opinion in an international consensus has emerged in In addition, the Administration has the 1981, there have been major developments in recent years—the illegitimacy of price fixing power to sue OPEC for treble damages under international law that impact directly on by cartels. For example, on April 27, 1998, the the Clayton Act (15 U.S.C. Sec. 15a), since the subject matter at issue. As we discuss in Organization for Economic Cooperation and OPEC’s behavior has caused an ‘‘injury’’ to greater detail below, the 1990’s have wit- Development issued an official ‘‘Rec- U.S. ‘‘property.’’ After all, the U.S. govern- nessed a significant increase in efforts to ommendation’’ that all twenty-nine mem- ment is a consumer of petroleum products seek compliance with basic international bers nations ‘‘ensure that their competition and must now pay higher prices for these norms of behavior through international laws effectively halt and deter hard core car- products. In Reiter v. Sonotone Corp, 442 U.S. courts and tribunals. In addition, there is tels.’’ The recommendation defines ‘‘hard 330 (1979), the Supreme Court held that the strong evidence of an emerging consensus in core cartels’’ as those which, among other consumers of certain hearing aids who al- international law that price fixing by cartels things, fix prices or establish output restric- leged that collusion among manufacturers violates such international norms. Accord- tion quotas. The Recommendation further had led to an increase in prices had standing ingly, a court choosing to apply the act of instructs member countries ‘‘to cooperate to sue those manufacturers under the Clay- state doctrine to a dispute with OPEC today with each other in enforcing their laws ton Act since ‘‘a consumer deprived of may very well reach a different conclusion against such cartels.’’ money by reason of allegedly anticompeti- than the 9th Circuit reached almost twenty On October 9, 1998, eleven Western Hemi- tive conduct is injured in ‘property’ within years ago. sphere countries held the first ‘‘Antitrust the meaning of [the Clayton Act].’’ (2) A suit in the International Court of Jus- Summit of the Americas’’ in Panama City, One issue that would be raised by such a tice at The Hague based upon ‘‘the general Panama. At the close of the summit, all suit is whether the foreign Sovereign Immu- principles of law recognized by civilized na- eleven participants issued a joint commu- nities Act (‘‘FSIA’’) provides OPEC, a group tions.’’ In addition to such domestic anti- nique in which they expressed their inten- of sovereign foreign nations, with immunity trust actions, we believe you should give se- tion ‘‘to affirm their commitment to effec- from suit in U.S. courts. To date, only one rious consideration to bringing a case tive enforcement of sound competition laws, Federal court, the District Court for the against OPEC before the International Court particularly in combating illegal price-fix- Central District of California, has reviewed of Justice (the ‘‘ICJ’’) at The Hague. You ing, bid-rigging, and market allocations.’’ this issue. In International Association of Ma- should consider both a direct suit against The communique further expresses the in- chinists v. OPEC, 477 F. Supp. 553 (1979), the the conspiring nations as well as a request tention of these countries to ‘‘cooperate with Court held that the nations which comprise for an advisory opinion from the Court one another . . . to maximize the efficacy OPEC were immune from suit in the United through the auspices of the U.N. Security and efficiency of the enforcement of each Stats under the FSIA. We believe that this Council. The actions of OPEC in restraint of country’s competition laws.’’ One of the opinion was wrongly decided and that other trade violate ‘‘the general principles of law countries participating in this communique, District courts, including the D.C. District, recognized by civilized nations.’’ Under Arti- Venezuela, is a member of OPEC. can and should revisit the issue. cle 38 of the Statute of the ICJ, the Court is

VerDate 11-MAY-2000 05:09 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.034 pfrm12 PsN: S25PT1 S3378 CONGRESSIONAL RECORD — SENATE April 25, 2002 required to apply these ‘‘general principles’’ forth legal mechanisms for dealing as an oil weapon, as Saddam Hussein when deciding cases before it. with OPEC where they engage in a con- has done is outrageous. The spokesman This would clearly be a cutting-edge law- spiracy in restraint of trade and con- is quoted as saying that Saudi Arabia suit, making new law at the international spiracy to limit production and raise is prepared to go to the right of bin level. But there have been exciting develop- ments in recent years which suggest that the prices. Laden, and that Saudi Arabia is pre- ICJ would be willing to move in this direc- I ask unanimous consent that an ar- pared to fly to Baghdad and embrace tion. In a number of contexts, we have seen ticle from the Harrisburg Patriot be Saddam Hussein like a brother. a greater respect for and adherence to funda- printed in the RECORD. It sets out in I ask unanimous consent that the mental international principles and norms some detail a way that the sludge can New York Times article ‘‘Saudi To by the world community. For example, we be turned into fuel to reduce our de- Warn Bush of Rupture Over Israel Pol- have seen the establishment of the Inter- pendence on foreign oil. icy’’ be printed in the RECORD. national Criminal Court in 1998, the Inter- There being no objection, the article There being no objection the article national Criminal Tribunal for Rwanda in was ordered to be printed in the was ordered to be printed in the 1994, and the International Criminal Tri- bunal for the former Yugoslavia in 1993. Each RECORD, as follows: RECORD, as follows: of these bodies has been active, handing [From the Patriot-News, Jan. 4, 2002] [From The New York Times, Apr. 25, 2002] down numerous indictments and convictions COAL-TO-DIESEL IDEA PROMISING SAUDI TO WARN BUSH OF RUPTURE OVER against individuals who have violated funda- Whatever else it has meant for America, ISRAEL POLICY mental principles of human rights. the Sept. 11 terrorism underscored the folly (By Patrick E. Tyler) Today, adherence to international prin- of U.S. dependence on Middle Eastern oil. HOUSTON, APR. 24.—Crown Prince Abdullah ciples has spread from the tribunals in The And while some people believe it mandates of Saudi Arabia is expected to tell President Hague to individual nations around the drilling for petroleum in the Arctic National Bush in stark terms at their meeting on world. The exiled former dictator of Chad, Wildlife Refuge and other environmentally Thursday that the strategic relationship be- Hissene Habre, was indicted in Senegal on sensitive areas, others see the logic in devel- tween their two countries will be threatened charges of torture and barbarity stemming oping legitimate alternative fuels, utilizing if Mr. Bush does not moderate his support from his reign, where he allegedly killed and the kind of ingenuity and entrepreneurial for Israel’s military policies, a person famil- tortured thousands. This case is similar to skills on which America was built. iar with the Saudi’s thinking said today. the case brought against former Chilean dic- Unfortunately, expanded oil drilling and In a bleak assessment, he said there was tator Augusto Pinochet by Spain on the alternative fuel development are tied to- talk within the Saudi royal family and in basis of his alleged atrocities in Chili. At the gether in the energy package that remains Arab capitals of using the ‘‘oil weapon’’ request of the Spanish government, Pinochet bottled up in the U.S. Senate, where drilling against the United States, and demanding was detained in London for months until an in ANWR is a key item of debate. Majority that the United States leave strategic mili- English court determined that he was too ill Leader Tom Daschle, D–S.D., who sets the tary bases in the region. to stand trial. agenda, opposes ANWR drilling, which is Such measures, he said, would be a ‘‘stra- While these emerging norms of inter- supported by the president and included in tegic debacle for the United States.’’ national behavior have tended to focus more the energy bill approved by the House last He also warned of a general drift by Arab on human rights than on economic prin- summer. leaders toward the radical politics that have ciples, there is one economic issue on which What that means for Pennsylvania in par- been building in the Arab street. an international consensus has emerged in ticular is that construction of a $450 million The Saudi message contained undeniable recent years—the illegitimacy of price fixing plant in Schuylkill County to convert coal brinkmanship intended to put pressure on by cartels. For example, on April 27, 1998, the waste into diesel fuel is on hold. Mr. Bush to take a much larger political Organization for Economic Cooperation and John W. Rich, Jr., scion of a family that gamble by imposing a peace settlement on Development issued an official ‘‘Rec- made its fortune in mining coal, wants to Israeli and Palestinians. ommendation’’ that all twenty-nine member apply proven South African technology to But the Saudi delegation also brought a nations ‘‘ensure that their competition laws produce 5,000 barrels a day of sulfur-free die- strong sense of the alarm and crisis that effectively halt and deter hard core cartels.’’ sel fuel and eliminate 1 million tons a year have been heard in Arab capitals. The Recommendation defines ‘‘hard core car- of environmentally damaging coal waste ‘‘It is a mistake to think that our people tels’’ as those which, among other things, fix from Pennsylvania’s coal regions. will not do what is necessary to survive,’’ the prices or establish output restriction quotas. Rich’s proposal has won political support person close to the crown prince said, ‘‘and if The Recommendation further instructs and tax credits from the state and a $7.8 mil- that means we move to the right of bin member countries ‘‘to cooperate with each lion startup grant from the federal govern- Laden, so be it; to the left of Qaddafi, so be other in enforcing their laws against such ment. He hopes that the energy bill, if it it; or fly to Baghdad and embrace Saddam cartels.’’ ever passes, will provide up to $100 million like a brother, so be it. It’s damned lonely in On October 9, 1998, eleven Western Hemi- more, completing a financial package that our part of the world, and we can no longer sphere countries held the first ‘‘Antitrust includes investments from Chevron-Texaco defend our relationship to our people.’’ Summit of the Americas’’ in Panama City, and a Bechtel affiliate. Whatever the possibility of bluster, it is Panama. At the close of the summit, all America’s oil resources are so limited and also clear that Abdullah represents not just eleven participants issued a joint commu- difficult to tap that some foreign oil will al- Saudi Arabia but also the broader voice of nique in which they express their intention ways be required here. On the other hand, the Arab world, symbolized by the peace plan ‘‘to affirm their commitment to effective en- coal-waste conversion to diesel, a proven he submitted and that was endorsed at an forcement of sound competition laws, par- technology, would make use of a ready sup- Arab summit meeting in March. ticularly in combating illegal price-fixing, ply of coal and coal waste in Pennsylvania Those familiar with the prince’s ‘‘talking bid-rigging, and market allocation.’’ The that, in oil equivalent, exceeds the known points’’ said he would deliver a blunt mes- communique further expresses the intention petroleum reserves of Iraq. sage that Mr. Bush is perceived to have en- of these countries to ‘‘cooperate with one an- Not only would this technology cut into dorsed—despite his protests to the con- other . . . to maximize the efficacy and effi- the need for foreign oil, but its cost, in com- trary—Prime Minister Ariel Sharon’s mili- ciency of the enforcement of each country’s parison to the expense of drilling in ANWR tary incursion into the West Bank. competition laws.’’ and piping the crude oil south to the Lower Abdullah believes Mr. Bush has lost credi- The behavior of OPEC and other oil-pro- 48, quite likely would underscore the folly of bility by failing to follow through on his de- ducing nations in restraint of trade violates that proposal. mand two weeks ago that Mr. Sharon with- U.S. antitrust law and basic international The Senate needs to settle on a com- draw Israeli troops from the West Bank and norms, and it is injuring the United States promise and pass an energy bill to make end the sieges of Yasir’s compound in and its citizens in a very real way. practical alternatives to Middle Eastern oil Ramallah and of the Church of the Nativity We hope that you will seriously consider a reality. in Bethlehem. If those events occur and Mr. Bush makes judicial action to put an end to such behav- Mr. SPECTER. Madam President, I ior. a commitment ‘‘to go for peace’’ by con- think if every one of our colleagues vening an international conference, as his fa- ARLEN SPECTER, read the story on the front page of the ther did after the Persian Gulf war, to press CHARLES SCHUMER, New York Times today, there would be for a final settlement and a Palestinian HERB KOHL, state, the Saudi view would change dramati- STROM THURMOND, no doubt about the insistence of this cally. MIKE DEWINE body to reduce our dependence on OPEC oil. To have Crown Prince But those close to the Saudi delegation Mr. SPECTER. The Federal lawsuit, Abdullah of Saudi Arabia release said there was no expectation that Mr. Bush is prepared to apply the pressure necessary Prewitt v. OPEC, establishes an anti- through a spokesman what he intends to force such an outcome. trust violation by OPEC, and my let- to say to the President of the United ‘‘The perception in the Middle East, from ters to Presidents Clinton and Bush set States—that Saudi Arabia will use oil the far left to the far right, is that America

VerDate 11-MAY-2000 05:09 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.036 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3379 is totally sponsoring Sharon—not Israel’s zation of the Islamic Conference, to report to would substantially raise Corporate policies but Sharon’s policies—and anyone its 44 leaders, who represent 1.2 billion Mus- Average Fuel Economy, CAFE, stand- who tells you less is insulting your intel- lims. ards with negative impacts on jobs, ligence,’’ the person familiar with Abdullah’s ‘‘He wants to say, ‘I looked the president of safety and the health of our domestic thinking said. the U.S. in the eye and have to report that Western analysts see the prince as a blunt I failed,’’ this person said. His message to the economy. Bedouin leader whose initiative is regarded Arabs will be, ‘‘Take the responsibility in On March 13, the Senate overwhelm- by many Arabs as a gesture worthy of the your own hands, my conscience is clear, be- ingly passed a bipartisan amendment I late Egyptian leader Anwar el-Sadat, who fore history, God, religion, country and wrote with my colleague from Michi- flew to Jerusalem in 1973 to sue for peace friends.’’ gan, Senator LEVIN. The Levin-Bond with Menachem Begin. Abdullah’s offer, now The person close to Abdullah pointed out amendment mandates that the Na- the Arab world’s offer, calls for recognition that Saudi Arabia’s recent assurances that it of Israel and ‘‘normal relations’’ in return would use its surplus oil-producing capacity tional Highway Traffic Safety Admin- for a Palestinian state on lands Israel occu- to blunt the effects of Saddam Hussein’s 30- istration, NHTSA, increase CAFE pied in 1967. day suspension of Iraqi oil exports could standards for cars and light trucks to The Saudi assessment was apparently quickly change. the maximum feasible levels. The being conveyed through several private That Saudi pledge ‘‘was based on a certain Bond-Levin amendment replaced a pro- channels. set of assumptions, but if you change the as- vision in the original energy bill which On Tuesday President Bush’s father had sumptions, all bets are off,’’ he said. ‘‘We called for significant increases in lunch with the Saudi foreign minister, Saud would no longer say what Saddam said was CAFE based only on a political num- al-Faisal, and the kingdom’s longtime am- an empty threat, because there come des- bassador to Washington, Prince Bandar bin perate times when you give the unthinkable ber, not science. The Senate wisely re- Sultan. Their specific message could not be a chance.’’ jected that underlying provision as learned, but in the familial setting, where Abdullah is reported to be bitter over the being bad for American jobs, bad for Barbara Bush was also the hostess for Prin- White House’s assertion that the president is highway safety and bad for consumer cess Haifa, Prince Bandar’s wife, the strong taking a balanced approach to the Israeli- choice. strategic and personal ties of the Persian Palestinian conflict, and he wants to evalu- Unfortunately, the Carper-Specter Gulf war that characterized Saudi-American ate in person whether Mr. Bush understands amendment on oil consumption would relations a decade ago was a message in how his actions are being perceived in the itself. Arab world. result in CAFE increases similar to the Abdullah, in a luncheon today with Vice ‘‘This is not a mistake or a policy gaffe,’’ Kerry provision. It must be defeated. President Dick Cheney, was to convey the the person close to Abdullah said, referring While Senator CARPER’s goal may be to seriousness with which he regards the Thurs- to Mr. Bush’s approach. ‘‘He made a stra- reduce American dependence on foreign day meeting with President Bush as a ‘‘last tegic, conscious decision to go with Sharon, oil, the effect of his amendment would chance’’ for constructive relations with the so your national interest is no longer our na- be lost factory jobs, more highway fa- Arab world. tional interest; now we don’t have joint na- Secretary of Defense Donald H. Rumsfeld talities and reduced vehicle choice. tional interests. What it means is that you Don’t be fooled by arguments that Sen- and Gen. Richard B. Myers, chairman of the go your way and we will go ours, economi- joint chiefs of staff, also flew to Houston to cally, militarily and politically—and the ator CARPER’s proposal is not a CAFE join in last-minute discussions before the antiterror coalition would collapse in the increase. The only way to meet the tar- summit meeting. A senior official in Wash- process.’’ get under the amendment is for ington said Mr. Rumsfeld and General Myers NHTSA to increase fuel economy were dispatched to brief the prince person- Mr. SPECTER. We are heading for a cataclysm. We are headed for a cata- standards beyond the maximum fea- ally on the American accomplishments in sible level. And why would NHTSA Afghanistan and in the broader war on ter- clysmic, destructive process. When the rorism. oil industry in Iran was nationalized in only look at the CAFE program? Be- ‘‘The idea was, if he thought we were the early 1950s and the Anglo-Iranian cause it is the only regulatory author- strong in Desert Storm, we’re 10 times as Oil Company was evicted by an act of ity currently available to pursue the strong today,’’ one official said. ‘‘This was to the Iranian parliament, Great Britain mandated oil reductions under the Car- give him some idea what Afghanistan dem- decided against the use of force and per amendment! onstrated about our capabilities.’’ The debate on the Levin-Bond United States military commanders in the submitted the dispute to the Inter- Persian Gulf region have been building up national Court, which decided it had no amendment was only a few short weeks command centers and equipment depots in jurisdiction. But if we are starved from ago but let me refresh your memories Qatar and Kuwait in recent months in an- oil, we should attempt to figure out as to the details of this proposal which ticipation of a possible breach with Riyadh. some way to denationalize what the passed on a 62–38 vote. Specifically, the Saudi officials assert that American presi- OPEC countries have done, in taking Levin-Bond amendment directs the De- dents since Richard M. Nixon have been will- the property of the seven sisters, the partment of Transportation to increase ing to speak more forcefully to Israeli lead- fuel economy standards for cars and ers than the current president when Amer- oil companies—BP and others—without ican interests were at stake. compensation, or without adequate light trucks based on consideration of ‘‘If Bush freed Arafat and cleared Beth- compensation. a number of factors including the desir- lehem, it would be a big victory, show a stiff- But the demands and the blackmail ability of reducing U.S. dependence on ening of spine,’’ the person close to Abdullah and the extortion that is contained on foreign oil. I agree with the sponsor of said. ‘‘But incremental steps are no longer the front page of the New York Times the amendment that a goal of our na- valid in these circumstances,’’ meaning that today concerning what OPEC has in tional energy policy should be a reduc- Mr. Bush would have to follow up with a mind for us should drive the U.S. to- tion in the amount of imported oil. major push to fulfill the longstanding expec- That is why I included language in my tation of the Palestinians for statehood. ward independence from OPEC oil, not The mood in the Saudi camp was that of only as a matter of self-respect, but as amendment last month requiring gloom and anxiety in private even as Saudi a matter of national defense and con- NHTSA to include it in the regulatory and American officials went ahead with tinuing economic development in this process to set new CAFE standards. preparations for a warm public encounter country. Other factors that NHTSA must con- with the Bush family. I thank the Chair and yield the floor. sider include: technological feasibility; On Friday, after his meeting with Presi- dent Bush at his home in Crawford, Abdullah The PRESIDING OFFICER. Who economic practicability; the effect of is to take a long train ride to College Sta- yields time? other government motor vehicle stand- tion, the central Texas town where the Mr. LEVIN. How much time remains, ards on fuel economy; the need to con- former President Bush will be host at his Madam President? serve energy; the effect on motor vehi- presidential library. On Saturday, Saudi’s The PRESIDING OFFICER. Four cle safety; the effects of increased fuel Arabia’s state oil company is gathering the minutes 54 seconds. economy on air quality; the adverse ef- luminaries of the international energy indus- Mr. LEVIN. I yield 4 minutes to Sen- fects of increased fuel economy stand- try to dine with Abdullah and his party. ator BOND. ards on the relative competitiveness of But the person close to the prince said that if the summit talks went badly, Abdullah Mr. BOND. Madam President, I rise manufacturers; the effect on U.S. em- might not complete his stay in Texas. In- in opposition to the amendment by my ployment; the cost and lead-time re- stead, he might return directly to Riyadh colleague from Delaware, Mr. CARPER. quired for introduction of new tech- and call for a summit meeting of the Organi- This amendment to the energy bill nologies; the potential for advanced

VerDate 11-MAY-2000 05:09 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.039 pfrm12 PsN: S25PT1 S3380 CONGRESSIONAL RECORD — SENATE April 25, 2002 technology vehicles—such as hybrid determine future CAFE levels based on Do my colleagues know what we and fuel cell vehicles—to contribute to sound science and dependable data. found out when we took a look at that? significant fuel usage savings; and the Rather that CAFE increases based on We have the National Academy of effect of near-term expenditures re- nothing more than a political number Sciences saying the mandated fuel effi- quired to meet increased fuel economy which would have negative con- ciency previously done has resulted standards on the resources available to sequences for American jobs, highway when we could not meet those goals develop advanced technology. safety and economic growth, NHTSA through technology in cars that The Department of Transportation can determine the appropriate stand- weighed roughly 1,000 pounds less. shall complete the rulemaking for ard after extensive review and study. What happens? Thousands and thou- light trucks within 15 months of enact- Given the complexities of the issues, sands of people have been killed in un- ment and shall give automobile manu- there are great advantages to allowing safe cars. facturers sufficient lead-time to com- a rulemaking process to resolve these Despite what some of my friends on ply with the new standards. The rule- issues rather than pre-selecting an ar- the other side of this issue say, you making for passenger cars shall be ini- bitrary outcome as the Carper oil con- cannot mandate by law that tech- tiated within 6 months of enactment sumption amendment would do. nology will come out of thin air. We and shall be completed within 24 One of the most useful reports in the have asked the experts at NHTSA to months. Each rulemaking shall be entire fuel economy debate is the Na- use the National Academy of Sciences multiyear for a period not to exceed 15 tional Academy of Sciences study on and find out what technology is avail- model years. If DOT fails to act within the Effectiveness of CAFE. As I did last able. If we can make diesel out of the required time frame, it will be in month, let me share with you a key sludge in Pennsylvania, great, we will order for Congress to consider, under finding about the safety and higher do it. That will be available to the Na- expedited procedures, legislation man- standards: tional Academy of Sciences. dating an increase in fuel economy In summary, the majority of the com- We are changing in Missouri and Ar- standards, consistent with the consid- mittee finds that the downsizing and weight kansas. We are using poultry waste and erations set forth above. reduction that occurred in the late 1980s turning it into power. Good. Let’s use These are the details of what the most likely produced between 1,300 and 2,600 all those things we can, but let us not Senate adopted last month on a bipar- crash fatalities and 13,000 and 26,000 serious go back on the carefully agreed upon injuries in 1993. tisan vote. It is a carefully balanced If an increase in fuel economy is effected construct that was developed in the proposal with firm deadlines and clear by a system that encourages either Levin-Bond amendment and over- criteria. Unfortunately, the Carper downweighting or the production and sale of whelmingly supported which says: Yes, amendment before us today would un- more small cars, some additional traffic fa- we need more fuel-efficient minivans dermine and distort the rulemaking talities would be expected. and cars, and it is going to be based on considerations by NHTSA. The Carper I believe that NAS report offers all of how much science can move forward, amendment returns to the notion of us in the Senate clear guidance and ex- not how much an arbitrary limita- setting an arbitrary target—in this pert, scientific analysis as we debate tion—in terms of saving gallons which case, to reduce the amount of oil that fuel economy levels. I also point out cannot be controlled solely by fuel effi- can be consumed in our passenger car that the NAS panel was extremely ciency standards—would do. and light trucks in 2015. Not only careful to caution its readers that its There is technology. There will be in- would this lead to CAFE increases fuel economy targets were not rec- creases, but it should not be arbitrary. similar to those proposed in the origi- ommended CAFE goals, because they We do not want to deprive people of the nal bill, but it would also force the De- did not weigh other considerations opportunity to buy the cars and partment of Transportation to dis- such as employment, affordability, and minivans they need. We have talked in regard the careful balancing of criteria safety. the past about forcing people into pur- in its rulemakings. Indeed, DOT would I urge you to join me, along with nu- ple-people eaters and golf carts. Frank- have to impose a overriding element merous business and labor groups, in ly, that is where you go when you have (saving a specific amount of oil) on top opposing the Carper amendment which an unrealistically high CAFE standard. of the considerations that the rule- only complicates NHTSA’s effort to set We need to give people the choices of making would otherwise try to bal- appropriate CAFE standards under the vehicles that fit their needs that incor- ance. mandates of the Bond-Levin amend- porate the new technology which is de- If you get nothing else out of my ment. signed to save as much fuel as possible. statement today, please simply remem- If you want appropriate CAFE stand- We need to keep the jobs in the United ber that this proposed amendment will ards for cars and light trucks that States. We need to keep our economy absolutely hurt consumers who choose won’t harm jobs, highway safety and going. We need not compromise safety, to drive minivans and SUVs. Because vehicle choice, vote ‘‘no’’ on the Carper as would be done by this amendment. the Senate adopted a measure exclud- amendment. This amendment is not merely a re- ing pick-up trucks from the CAFE in- Madam President, we have been here finement. This amendment is simply a creases, the burden on the rest of that before. We have had this debate. We bad shot at setting a standard that is light truck category is increased dra- have done the bill. We got the T-shirt. not based on science but is based on an matically. This effect would be mag- Unfortunately, we are back on the arbitrary figure that is infeasible, un- nified with the adoption of the Carper- floor with this again. workable, destroys consumer choice, Specter amendment today. Let me be clear: This amendment to- costs us jobs in the United States, and Oh, and has anyone besides me taken tally negates the careful direction that risks more lives on highways. I urge the time to ask NHTSA or the Depart- we put in law in the Levin-Bond my colleagues not to support the Car- ment of Transportation if this amend- amendment that the National Highway per-Specter amendment. ment is even feasible? I talked to Sec- Transportation Safety Administration I reserve the remainder of my time retary Mineta yesterday, and 2 days must use the best science and tech- and yield the floor. ago I spoke with Dr. Runge, the nology available to increase standards Mr. CARPER. Madam President, how NHTSA Administrator. Both indicated to get more fuel-efficient cars, vans, much time remains on either side? to me that it is not feasible to guar- and trucks on the road. The PRESIDING OFFICER. The antee specific fuel savings through Setting an arbitrary standard which sponsors have 1 minute 41 seconds re- CAFE standards. There are simply too comes out of somebody’s hip pocket maining. many variables and assumptions pre- does nothing for sound science. I have Mr. CARPER. And the other side? venting any guarantee of this sort. talked to NHTSA. They say there is no The PRESIDING OFFICER. The op- Many of the Senators who supported way we can guarantee it. There would position has 48 seconds. the Bond-Levin amendment agreed have to be a wild estimate that would Mr. CARPER. I would like to have that the CAFE program is complex come out somewhere around where the the opportunity to close, if I can. Will with many tradeoffs. That’s why the original proposal in the underlying bill the Senator be willing to accommodate experts at NTHSA are best qualified to was. me?

VerDate 11-MAY-2000 05:09 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.041 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3381 Mr. LEVIN. Madam President, I will The PRESIDING OFFICER. All time million. That is a small price to pay for be happy to accommodate my friend has expired on this amendment. The encouraging the development of this from Delaware. Senator from Michigan. promising new technology. Madam President, let us be real Mr. LEVIN. Madam President, is it in I urge my colleagues to support the clear. The Levin-Bond amendment had order at this time to move to table the development of a broader scope of fuel positive incentives. We need tax incen- Carper amendment? cell technology by supporting this tives, joint research and development The PRESIDING OFFICER. The mo- amendment. money, Government purchasing, to a tion is in order, but the vote will occur I know Senator CANTWELL from my much larger extent than the adminis- later. State wanted to be present as well, but tration proposed. They are in the Mr. LEVIN. I move to table the Car- she is unavailable at this time. I under- Levin-Bond amendment. per amendment and ask for the yeas stand this amendment has been accept- Also in the Levin-Bond amendment, and nays. ed on both sides and would be willing which this would totally, in effect, ab- The PRESIDING OFFICER. Is there a to move quickly to a vote. rogate, is a regulatory process: 15 sufficient second? The PRESIDING OFFICER. Who months for the Department of Trans- There appears to be a sufficient sec- yields time? portation to look at 12 different cri- ond. Mr. BAUCUS. Madam President, I teria in upping the CAFE standard. The yeas and nays were ordered. ask that the Senator from Washington This does not wait. This prejudges the The PRESIDING OFFICER. The Sen- yield. outcome of that process and says 1 mil- ator from Washington. Mrs. MURRAY. I yield to the Senator lion barrels a day. That is the man- AMENDMENT NO. 3326 from Montana. date. This is not some objective, this is Mrs. MURRAY. Madam President, I The PRESIDING OFFICER. The Sen- a mandatory amount specifically in call up amendment No. 3326. ator from Montana. this amendment, and it is not the way The PRESIDING OFFICER. The Mr. BAUCUS. The Finance Com- we should be legislating. amendment is pending pursuant to the mittee has examined this amendment, The PRESIDING OFFICER. The Sen- order. and we approve it. I think it is a good ator from Delaware. Mrs. MURRAY. Madam President, idea to encourage greater research into Mr. CARPER. Madam President, in the amendment that is now before us is fuel cell development. It is clearly a listening to the comments against the a minor tax amendment that has been technology of the future. The sooner Carper-Specter amendment, I am not cosponsored by my colleague from we begin, the better. This is a very sure they have fully read the Levin- Washington, Senator CANTWELL. I modest amendment, but it is an impor- Bond amendment. I know they have know debate on this bill is limited, so tant amendment, and I urge the Senate not read the amendment we offer I will be very brief. to adopt it. today. Senator SPECTER and I both The tax provisions in this bill provide I yield the floor. voted for the Levin-Bond amendment. important tax credits to encourage the Ms. CANTWELL. Madam President, I It is a good amendment. It has a num- use of energy-efficient fuel cells that rise today as a cosponsor of this ber of positive features that make com- are 1 kilowatt or greater. I note that amendment, and ask my colleagues to mon sense for our country. the tax credit applies only to fuel cells vote in its favor. I also want to thank In a moment or two, a budget point of 1 kilowatt or greater because there my friend, Senator MURRAY, for her of order will be brought against our are a number of important fuel cell ap- work on this amendment. amendment. None was brought against plications that are less than 1 kilo- I think there is broad bipartisan sup- the Levin-Bond amendment. The rea- watt. It is important that we support port for further development of the fuel son is because in the Carper-Specter the development of fuel cells that are cell as one of the solutions to our Na- amendment, we are looking for a real less than 1 kilowatt. tion’s 21st century energy needs. The reduction in oil consumption. We do This amendment would expand the number of potential applications for not vitiate the Levin-Bond amend- tax credit to include fuel cells that are the fuel cell is almost limitless. In this ment. The whole language stays in the greater than a half a kilowatt, but regard, I was pleased to join with Sen- bill. would keep the per kilowatt amount of ator DORGAN in sponsoring an amend- The Levin-Bond amendment directs the tax credit the same. Fuel cells that ment to this energy bill that will re- the Secretary of Transportation to pro- are between a half and 1 kilowatt are quire the Secretary of Energy to de- mulgate regulations, essentially CAFE used as emission-free power supplies velop a program to ensure 100,000 hy- regulations, in order to meet high fuel for a number of noteworthy applica- drogen fuel-cell vehicles will be avail- efficiencies. We do not change that, but tions, including cellular phone tower able for sale by 2010, and 2.5 million ve- we do say in order to reduce the con- repeaters, home dialysis machines, hicles will be available by 2020. Fuel sumption of oil for our cars, trucks, railroad signaling and switching equip- cell vehicles are three times more effi- and vans by 2015, not only should the ment, and recreational vehicle and cient than internal combustion en- Secretary of Transportation have the camping powering equipment. gines, and they produce none of the opportunity to consider changes in Fuel cells are an emerging tech- harmful emissions associated with fos- CAFE, but they should also consider nology that hold the promise of helping sil fuels. how it can reduce oil consumption to dramatically reduce world pollution. The fuel cell vehicle is a concept that through alternative fuels. This promising technology could even- has recently been embraced by the Alternative fuels could be biodiesel tually shift our dependence from fuels President, and I believe the broad bi- or soy diesel. It could include ethanol, like gasoline and diesel fuel to hydro- partisan support for this technology is diesel created from coal waste in Penn- gen. This important tax credit is in- already reflected in the tax credit in- sylvania, West Virginia, Ohio, or other tended to provide an incentive for re- cluded in this bill for other, stationary States. search, develop, design, and use fuel fuel cell applications. Currently, this Four things are different than when cell technologies. credit is available for fuel cells of one we voted a month ago on the Levin- We need to encourage the use of all kilowatt or more. What this amend- Bond amendment. The Middle East types of fuel cells because as we gain ment would do is simply lower the today is in turmoil. Venezuela is in more experience in the design and con- floor to half a kilowatt, or 500 watts. turmoil. We voted last week not to struction of fuel cells, it will allow the I believe this is an important change, drill in ANWR, and we voted last week technology to advance to the point because we should also extend this to cut off oil imports entirely from where it is competitive with other credit to fuel cells that can be used in Iraq. That is 1 million barrels a day. power sources. numerous business applications. Fuel Those things are different. Some may say this amendment is too cells smaller than one kilowatt are al- We need to put into this legislation costly, but the current market for fuel ready providing power for remote cell meaningful objectives, measurable ob- cells is very small. We have estimated phone towers, backup power for certain jectives. This amendment would do the cost of this amendment, over the medical technologies, and even used to that. period of the tax credit, is less than $3 light some types of railroad and traffic

VerDate 11-MAY-2000 03:41 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.071 pfrm12 PsN: S25PT1 S3382 CONGRESSIONAL RECORD — SENATE April 25, 2002 signals. Expanding the tax credit al- develop a package of tax-law changes commissioning funds, and it is the only ready in this bill will help further dem- that would provide the necessary flexi- provision of the four that is addressed onstrate the commercial applicability bility to comply with the new energy in all of the aforementioned bills. of this technology. policies being implemented by the Fed- Under current law, owners of nuclear This is an important component of eral and State governments while, at power plants must make mandatory any 21st century energy policy, and I the same time, not fundamentally contributions to external trust funds ask my colleagues to support this changing the competitive balance be- to ensure that monies are available to amendment. tween the private and public sectors of decommission plants when they are re- The PRESIDING OFFICER. All time the energy industry. tired. Congress added section 468A to is yielded? The fruit of those efforts was S. 972, the tax code in 1984 to permit owners of Mrs. MURRAY. All time is yielded introduced last year by Senators MUR- nuclear plants to deduct a portion of back. KOWSKI, THOMPSON, BREAUX, and JEF- the contributions made to these exter- The PRESIDING OFFICER. The FORDS. I joined as a cosponsor of this nal funds. Section 468A, when enacted, question is on agreeing to amendment bipartisan bill. In the House, H.R. 1459 was designed to operate within the ex- No. 3326. was introduced by Congressman J.D. isting structure of regulated rates. The The amendment (No. 3326) was agreed HAYWORTH and was cosponsored by 16 ability to deduct the contributions as to. other members of the Ways and Means permitted in section 468A is currently Mr. REID. Madam President, I move Committee. These bills were successful dependent on the local public service to reconsider the vote. in accommodating widely divergent commission’s formal approval of the Mr. MURKOWSKI. I move to lay that views of public-power and investor- decommissioning expenses that an motion on the table. owned utilities on a whole score of Fed- electric utility can charge its cus- The motion to lay on the table was eral tax issues. They represent years of tomers. Both the House and the Fi- agreed to. negotiations between the private and nance Committee have adopted The PRESIDING OFFICER. The Sen- public sectors of the industry, and as changes to section 468A to adapt to the ator from Nevada. such, reflect a delicate, equitable bal- structure of competitive markets while Mr. REID. Madam President, we have ancing of interests. preserving the Section’s original in- been able to save a little bit of time. I There are four provisions in these tent. These changes will facilitate the ask unanimous consent that we move companion bills that are designed to transfer of nuclear facilities to new down the amendment list and, prior to help modernize our Tax Code for inves- owners in compliance with State and the votathon starting, we allow Sen- tor-owned utilities. I want to address Federal directives. ator GRAHAM of Florida to bring up these provisions in light of the subse- A third provision, included in S. 972, amendment No. 3370. He has agreed quent House-passed bill, H.R. 4, and the H.R., 1459, and H.R. 4, but not in the Fi- there would be 15 minutes equally di- bill marked out of the Senate Finance nance Committee bill, has to do with vided on this amendment. Committee that we are now consid- the reimbursement of utilities for con- The PRESIDING OFFICER. Without ering. Both of these latest incarnations struction costs. Under current law, the objection, it is so ordered. represent a significant departure from costs of building new transmission and Mr. REID. This would be under the the original texts of H.R. 1459 and S. distribution lines for new generating same rules as the prior unanimous con- 972. plants, homes, commercial properties, sent agreement: No seconds, and the The first provision addresses the and industrial sites, indeed, any kind vote would take place at the end of the transmission tax problem that has oc- of property where construction costs votes on other amendments. curred as the result of FERC Order are paid by a developer or inter- 2000. This order strongly encourages, The PRESIDING OFFICER. Without connecting party to a utility, are some would say ‘‘directs,’’ all trans- objection, it is so ordered. treated as contributions in aid of con- mission-owning electric companies, The Senator from Arizona. struction—CIACs—and are considered subject to FERC jurisdiction, to join a Mr. KYL. As I understand it, it is as taxable income to the utility. The regional transmission organization, now in order for me to bring up amend- result is that developers or inter- RTO. However, many proposals to form ment No. 3333. Is that correct? connecting third parties must reim- RTOs would force these utilities to sell The PRESIDING OFFICER. The Sen- burse a utility for construction costs or spin off their transmission assets to ator may consider amendments Nos. plus a Federal tax of over 30 percent. form independent transmission compa- 3333 and 3332 concurrently. The proposed solution is to treat the nies, Transcos, resulting in a substan- AMENDMENT NO. 3333 tial Federal income-tax liability. reimbursement of these costs as non- Mr. KYL. Madam President, I will The solution to this problem, as stat- taxable, therefore facilitating new gen- first discuss amendment No. 3333. ed in S. 972 and H.R. 1459, is to amend eration, transmission, and distribution As a member of the Senate Finance section 1033 of the Tax Code to permit facilities by making it less costly to and Energy Committees, I have had the sales of transmission assets on a tax- provide these services. This would cer- opportunity to witness first-hand the deferred basis if these sales occur in tainly help increase the supply of contradictions in Federal energy and conformity with Order 2000, and the power and improve electric reliability, tax policy, specifically policy for the proceeds of the sale are reinvested in and I am hopeful that Congress will re- electricity industry. One glaring exam- certain utility assets. Section 355(e) solve this issue in conference. ple is the Energy Policy Act of 1992 and would also be amended to permit a The fourth provision concerns the the private use rules of the Internal non-taxable spin-off of transmission as- public power utilities only. This provi- Revenue Code, which pre-date the En- sets even if they are combined with sion effectively relaxes the private use ergy Policy Act and are applicable, as neighboring transmission assets in con- restrictions on existing bonds if the you know, to public power utilities. formity with Order 2000. Amending the issuing municipal or State utility While our Federal energy policy Federal Tax Code to allow formation of elected to terminate permanently its since 1992 has been to open electric Transcos will further diminish tax bar- ability to issue tax-exempt debt to markets to wholesale and even retail riers to wholesale and retail competi- build new generation facilities. Pub- competition, our Tax Code contains re- tion by creating truly independent licly-owned utilities, as entities of strictions dating back to the Tax Re- transmission organizations. State and local governments, have used form Act of 1986 that make it difficult, H.R. 4 includes this provision, but un- tax-exempt debt to finance their util- and in some cases impossible, for pub- fortunately, the bill reported out of the ity infrastructure in much the same licly-owned utilities to comply with Senate Finance Committee does not. way as cities finance schools, roads, that deregulation policy. Before this bill is signed by the Presi- and bridges. Without this provision, In an attempt to remove the tax-code dent, I hope that the transmission-re- public power systems cannot issue impediments to participation in the lief provision will be included in the stock to raise capital and have no al- newly restructured electric industry, legislation. ternative source of financing for these the publicly-owned and investor-owned The second provision concerns the large capital projects other than mu- utilities labored for several years to equitable tax treatment of nuclear de- nicipal bonds.

VerDate 11-MAY-2000 03:41 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.058 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3383 In exchange for the use of tax-exempt requirement contracts, even if the cost be addressed under current law. Treas- debt, public power systems are required of the expansion was financed with tax- ury officials say we could, under a dif- to adhere to a strict set of Federal tax able debt or equity. Furthermore, a ferent time frame than the pending en- rules and regulations designed to limit public power company that owns no ergy bill, issue regulations to that ef- the amount of power they can sell to transmission will qualify for the bill’s fect. In the meantime, however, I private entities. These rules limit a clarifications to the private use rules would strongly support a provision in public power entity’s ability to nego- only if all transmission providers who the tax title of the bill incorporating tiate contracts with exiting customers, provide transmission to that municipal this proposal. to resell excess power resulting from utility’s customers provide open access In addition, various members of the competition, ‘‘lost load’’, and to dis- to all of their transmission facilities. Finance Committee, including the courage the opening of transmission These types of restrictions reduce or chairman of the Energy and Natural lines that were financed with tax-ex- eliminate many of the benefits in- Resources Committee, have asked that empt debt. tended in the bill. the Treasury Department finalize var- The truth is, the current private use There are new restrictions on tax ex- ious temporary output regulations that laws and regulations are no longer empt bonds for transmission facilities relate to the use of tax-exempt financ- suitable for today’s energy market. S. that will prevent municipal utilities ing by public power as quickly as pos- 972 and H.R. 1459 successfully incor- from using tax-exempt bonds to finance sible. I expect that the Treasury De- porated what both the investor-owned new transmission facilities to connect partment will make finalizing these and the publicly-owned utilities agree new power plants to their service regulations a top priority and will en- would constitute an effective mod- areas. In addition, new restrictions in deavor to be responsive to the many ernization of the current Tax Code. The the bill require that, to qualify for pri- public comments that it has received. I Finance Committee bill did not meet vate use relief, public power trans- look forward to their findings. that test, and H.R. 4, although it at- mission facilities must be owned, di- I ask unanimous consent to have tempted to do so, failed that test as rectly connected to customers, and printed in the RECORD letters dated well. necessary to serve those customers. March 8, 2002 and March 20, 2002. What happened was that H.R. 1459 Thus, the bill ignores the need for in- There being no objection, the letters sustained damage during the process of vestment in new transmission for were ordered to be printed in the House passage. The bill, as approved by maintenance of grid reliability, the RECORD, as follows: the Committee on Ways and Means— multiple legal forms of ownership and U.S. SENATE, H.R. 2511, ‘‘The Energy Policy Act of use of transmission (including the dif- Washington, DC, March 8, 2002. 2001’’—and as subsequently passed by ferent forms of RTOs and related orga- Hon. MARK A. WEINBERGER, the House—H.R. 4, ‘‘Securing Amer- nizations, leasehold and operational ar- Assistant Secretary, Tax Policy, Department of ica’s Future Energy Act of 2001’’—con- rangements), and the fundamental the Treasury, Washington, DC. tains substantial, material modifica- DEAR MR. SECRETARY: I am following up physics involved in transmission net- with you directly on certain items that were tions to the original legislation that work operation. raised during the Senate Finance Commit- make it impossible to vote for. In fact, The new exception to the private use tee’s consideration of the tax title to the certain modifications are even more re- rules for sales of certain lost load is re- pending Senate energy bill. Although I con- strictive than existing law and IRS vised so as to require proof that the tinue to believe that a broader, more expan- regulations. As a result, H.R. 4, overall, load loss was ‘‘attributable to open ac- sive solution is necessary to more fully ad- works absolutely counter to national cess’’ in order to take advantage of this dress the tax issues presented by the restruc- energy policy and the efficient oper- exception, which was designed to en- turing of the electric utility industry, I ation of our country’s electric infra- raised question at the mark-up with respect sure that our nation’s energy capacity to two narrower items. structure. The various conditions set is fully utilized. The first item concerns our discussion dur- forth in the bill will unfortunately dis- I had hoped that these problems ing the mark-up about an allocation pro- courage utilities from taking the nec- could have been resolved in the Fi- posal related to the private use restrictions essary steps to advance open access. nance Committee by my colleagues and of the Internal Revenue Code. You will recall Examples of the most problematic pro- myself, but the revenue constraints im- that I asked if you would examine this pro- visions: posed on us have prevented us from posal. The proposal generally would provide Provisions that eliminate public pow- rectifying these problems. So the Fi- a limited safe harbor under which issuers of tax-exempt bonds could allocate private er’s ability to elect to forego issuance nance Committee, rather than cor- of future tax-exempt bonds for genera- business use first to the portion of an output recting the errors as reported in the facility that is not financed with out- tion from refunding outstanding tax- final version of H.R. 4, chose not to standing tax-exempt bonds. For certain exempt generation bonds, even though provide any private use relief at all. In- bonds, the proposal would permit issuers to this can result in savings to the utili- stead, we directed the Treasury to con- use reasonable methods to allocate various ties’ customers and the U.S. Treasury. duct a study to examine the problem funding sources among their assets. The bill also prohibits these electing and propose a solution. The second item is the temporary output utilities from utilizing tax-exempt fi- That said, I think more immediate regulations. As you know, the Finance Com- nancing to fund limited repairs and en- assistance can and should be provided mittee, as part of its report, asked that the Treasury Department finalize the temporary vironmental improvements, including by the Treasury Department. and proposed output regulation as quickly as those which may be government-man- During the Finance Committee’s possible, providing flexibility in those regu- dated. mark-up of the tax title of the pending lations, to foster participation of public In the context of sales of energy, energy bill, I asked the Treasury De- power in a rapidly changing electric indus- there are provisions that restrict or partment to look into an allocation try, without adversely affecting public power eliminate public power’s ability to use proposal related to the private use re- investors and customers. long-standing statutory and regulatory strictions of the Internal Revenue I look forward to a letter from the Treas- exceptions to the private use rules, and Code. The proposal would provide a ury Department on both of these issues. I am hopeful that you will find that many of the provisions that constrain new rules de- limited safe harbor under which issuers issues raised by the allocation proposal could signed to enable public power to par- of tax-exempt bonds could allocate pri- be addressed under present law, and that, ticipate in a deregulated environment. vate use first and foremost to the por- under a different timeframe than the pend- As an example, language in the bill ef- tion of an output facility that is not fi- ing energy bill, you would issue administra- fectively precludes sales to rural elec- nanced with outstanding tax-exempt tive guidance to that effect. It would be help- tric cooperatives that were one of the bonds. For certain bonds, the proposal ful, in the meantime, however, if you would exceptions to the private use rules. The would permit issuers to use reasonable also indicate your support for a provision in bill seems to provide that the expan- methods to allocate various funding the tax title of the Senate bill incorporating this proposal. sion of an existing generation facility sources among their assets. With respect to the temporary and pro- can result in loss of eligibility of the The Treasury Department has exam- posed regulations, I hope that you will be entire facility for permitted exception ined this proposal and believes that able to state in that letter that you will treatment for long-term take or pay many of the issues raised therein could make the finalization of these regulations a

VerDate 11-MAY-2000 03:41 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.076 pfrm12 PsN: S25PT1 S3384 CONGRESSIONAL RECORD — SENATE April 25, 2002 top priority and will endeavor to use your native fuel motor vehicle, a new quali- Another quotation from the Arizona regulatory authority to the greatest extent fied fuel cell motor vehicle, a new hy- Republic: possible to be responsive to the numerous brid motor vehicle, and then it extends The law allowed thousands of people to buy public comments you have received and to the present law which provides a credit expensive sport-utility vehicles with the further public power’s participation in the State picking up nearly half the costs of the restructuring of the industry. for electric vehicles. Naturally, I do not expect you to take any I know this provision was inserted in trucks and their bifuel conversions to either action that would be inappropriate or con- the Finance Committee with the best propane or compressed natural gas. travene normal agency rules and regula- of intentions, but for the reason I will One final quotation from the Arizona tions. Thank you for your attention to this point out, I think this has not been as Daily Star says: matter. carefully thought out and prepared as The Arizona Republic shows that 13 per- Sincerely, it should be. Based on the experience of cent of the applications for cleaner-running JON KYL, my home State of Arizona trying to do vehicles came from rural areas without a U.S. Senator. the same thing, it would be premature pollution problem. DEPARTMENT OF THE TREASURY, for us to move forward with this par- I ask unanimous consent that the re- Washington, DC, March 20, 2002. ticular program at this time. I will il- mainder of these statements be printed Hon. JON KYL, lustrate specifically what is involved in the RECORD at this point. U.S. Senate, and then get to the Arizona experience. There being no objection, the mate- Washington, DC. Under the bill pending before us, rial was ordered to be printed in the DEAR SENATOR KYL: Thank you for your there would be provided a maximum letter dated March 8, 2002 concerning certain RECORD, as follows: items that were raised during the Senate Fi- income tax credit of $40,000 per tax- ARIZONA’S EXPERIENCE WITH ALTERNATIVE nance Committee’s consideration of the tax payer for the purchase of these kinds of FUELS AND TAX CREDITS. title to the pending Senate energy bill. In motor vehicles, the fuel cells, the al- ‘‘The law in question . . . provided tax in- particular, your letter refers to two matters ternative fuel, and the electric vehi- centives and rebates for up to 50 percent of relating to electric facilities financed with cles. The fact is that is for a very large the cost of a car equipped to burn alternative tax-exempt bonds: (1) temporary and pro- vehicle; the average for the usual pas- fuels. One of the startling loopholes in this posed Treasury regulations that define pri- senger car type of vehicle would be in poorly written law was a failure to require vate use of output facilities, including gen- the neighborhood of from $3,500 to any accountability from consumers. Vehicles eration, transmission and distribution facili- equipped to run on an alternative fuel are ties (temporary regulations; and (2) a pro- $6,000. The part I am particularly interested also equipped with regular gas tanks. A per- posal that, in general, would allow issuers to son could buy a new vehicle, have half of it allocate private use first to the portion of an in is the alternative fuel vehicle. Ac- paid for by the state, and never use an ounce output facility that is not financed with tax- cording to the committee staff, the av- of the cleaner burning fuel system.’’ (AZ exempt bonds. erage tax credit in this case would be Daily Star, Editorial, Oct. 31, 2000) Your letter requests that the Treasury De- about $5,000. It is determined by a very ‘‘The rebate program was originally partment finalize the temporary regulations complicated formula based upon the projects to cost the state of about $3 million expeditiously, in a manner that fosters par- weight of the vehicle and some other but has since spiraled to a dizzying $483 mil- ticipation by public power systems in elec- lion. (AZ Daily Star, Editorial, Oct. 30, 2000) tric industry restructuring. We understand factors, but it is about a $5,000 subsidy per taxpayer buying this particular ‘‘Bad legislation, bad policy and no benefit that providing certainty in this area is nec- to air quality.’’ (AZ Republic, Oct. 30, 2000) essary for the industry to evolve. Thus, we kind of vehicle. ‘‘There has been no environmental study of are making the finalization of these regula- I am concerned about this because the alternative-fuel program by an state tions a top priority. We intend to craft regu- Arizona decided to try to do this same agency, just as no one ever completed an in- lations that take into account the current thing, provide a taxpayer subsidy for cisive cost analysis of the legislation’’ (AZ dynamic environment in the electricity in- the purchase of these alternative fuel Repub, Oct. 30) dustry and the policy objective of facili- vehicles as a way of trying to clean up ‘‘House Speaker Jeff Groscost boasted in tating public power’s participation in the re- Washington three weeks after a new tax structuring of the industry. In finalizing the our environment and to reduce reliance credit law took effect here that Arizona auto regulations, we will, of course, carefully con- upon pure oil or gasoline. It provided a dealers had at least 1,800 orders for alter- sider all of the public comments we have re- subsidy, calculated a little bit dif- native fuel vehicles.... The state budget ceived. ferently, for the purchase of these vehi- had been built on the assumption that only Treasury is examining your proposal re- cles; in fact, for the retrofitting of the garding the proper allocation of private use about 300 people would buy these cars and alternative fuel system for a vehicle trucks and apply for the generous tax cred- of an output facility. We believe that the that had already been manufactured. issues raised by your proposal can be ad- its.’’ (AZ Daily Star, Oct. 30, 2000) dressed under present law. The proposal I will read some headlines, or ex- ‘‘The law allowed thousands of people to raises policy and administrative questions cerpts, from some of the Arizona news- buy expensive sport-utility vehicles with the that require careful consideration. As we papers after this program was put into state picking up nearly half of the costs of work to finalize the temporary regulations, effect. I might begin by saying this has the trucks and their bifuel conversions to ei- we intend to address the issues raised by been a fiasco in Arizona. The program ther propane or compressed natural gas.’’(AZ Republic, Oct. 30 your proposal. In doing so, we must craft an has since been terminated. Politicians’ administrable set of rules that are consistent ‘‘Just 12 days after it was implemented, careers have been destroyed because of the state’s alternative-fuels rebate program with the policy objective of a competitive it. They did not think it through care- electricity market. has already blown its worst cost estimate by We hope this information is helpful to you. fully enough before they implemented 13 percent.’’(AZ Repub, Nov. 2, 2000) Please contact me if you have any additional it. It was about to bankrupt the State, ‘‘The Arizona Republic shows that 13 per- questions. so the State decided to terminate the cent of the applications for cleaner-running Sincerely, program prematurely before it ended vehicles came from rural areas without a MARK A. WEINBERGER, up costing them as much as it was pollution problems.’’(AZ Daily Star, Oct. 30, Assistant Secretary going to cost. 2000) ‘‘The Republic’s analysis of the state’s re- (Tax Policy). These are a few quotations: Mr. KYL. Madam President, this first bate program to convert gasoline-powered The rebate program was originally pro- cars and trucks to alternative fuel, mainly amendment is a very simple amend- jected to cost the State about $3 million but propane and natural gas, is based on prelimi- ment that would save a little over a has since spiraled to a dizzying $483 million. nary data obtained from the Commerce De- billion dollars, according to the cal- That is from the Arizona Daily Star. partment, the administrator of the program. culations of the committee, but prob- Bad legislation, bad policy and no benefit ‘‘The analysis included only the 5,512 appli- ably would save closer to $3 billion by to air quality. cations in which a rebate amount was con- striking that section of the Finance tained in the computer database obtained That is a quotation from the Arizona this week from the Commerce Department. Committee portion of the bill that is Republic. That is October 30, 2000. called the clear act provisions; more The database contained more than 12,000 ap- From that same editorial: plications for rebates and is anticipated to specifically, those provisions that pro- There has been no environmental study of grow to 22,000 when all the applications are vide tax credits for Americans who pur- the alternative-fuel program by any State processed. Few rebates have been paid to the chase four specific kinds of motor vehi- agency, just as no one ever completed an in- buyers of new vehicles being converted to an cles; specifically, a new qualified alter- cisive cost analysis of the legislation. alternative fuel.

VerDate 11-MAY-2000 04:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.044 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3385 ‘‘The alternative-fuel vehicle rebate legis- abuses could occur in selling these structure. About two-thirds of the pe- lation passed on April 18 didn’t contain fund- large tax credits. troleum we consume today in America ing limits. The estimated cost of $3 million There has been very little evaluation is consumed in the transportation sec- to $10 million for the program was unofficial. Under the alternative-fuels program, the of whether or not the vehicles could be tor—cars, trucks, railroads, and so entire cost of converting a vehicle to pro- altered after their purchase, after the forth. pane or compressed natural gas would be tax credit has been received, so that Clearly, we are trying as Americans paid by the state, along with 30 percent of they could run in fact on gasoline or to wean ourselves a bit from our over- the purchase price of a new vehicle. For ex- diesel. There is no data whatsoever to reliance on OPEC. That is the whole ample, if a sport-utility vehicle originally show that we would have a better envi- point of this energy bill. We will not cost $25,000 plus $7,000 to convert it to also ronment as a result. In fact, there has make ourselves completely self-reliant. run on compressed natural gas, its owner been no cost-benefit analysis. No one claims that. At least on the would be reimbursed the entire conversion cost plus $9,600—30 percent of the total vehi- Pursuant to an amendment I offered margin, we are making a step or two cle cost of $32,000.’’ (AZ Repub, Nov 2, 2000). in the committee, there will be a study difference to become more energy self- ‘‘It sounded irresistible: buy a car that after the fact that will tell us how suc- sufficient. Clearly, helping alternative burns something other than gasoline and the cessful the program has been, but there fuel development and alternative fuel state pays up to 50 percent of the cost; con- has been no study in advance of that. vehicle development, alternative fuel vert an existing gas-burner to alternative In fact, the committee report language vehicle infrastructure development— fuels and the state pays 100 percent of the does not cite a single study or report pumps and so forth—will help. cost of the conversion. No alternative fuel It is also important we not act pre- depot at home? Not to worry. The state will justifying the credits under the reason cover that $7,000 as well, or up to $400,000 for for change. cipitously, that we act measurably, a commercial alternative-fuels depot. It is The report says, and I am quoting: thoughtfully. Through the very able all courtesy of a measure proposed and The committee believes further invest- assistance of my good friend from Ari- adopted in Arizona at the last minute of a ments in alternative fuel and advanced tech- zona, we have worked closely with the legislative session in April. Sound too good nology vehicles are necessary to transform Arizona Department of Transportation. to be true? More than 22,000 Arizonans did automotive transportation in the United Unfortunately, in the State of Arizona, not think so, and since July they have filed States to be cleaner, more efficient and less which attempted something similar a applications for an average of $21,966 each, reliant on petroleum fuels. year or two ago, there were people who which would cost the state nearly $500 mil- The committee language also prog- lion from a program that was supposed to took advantage of the situation to such cost less than $5 million a year. State offi- nosticates, and I am quoting again: a degree that it became a bit of an out- cials now say the eventual costs could reach That it expects hybrid motor vehicles and rage. We don’t want to repeat those $800 million once applications being proc- dedicated alternative fuel vehicles are the mistakes. I don’t think anyone in this essed are counted. near-term technological advancement that body wants to repeat those mistakes. ‘‘The premise of the program was simple. will replace gasoline- and diesel-burning en- As the Senator said, our staff spent According to a state-issued summary, the gines with alternative powered engines. quite a bit of time talking with the Ar- law allows the users of alternative-fuel vehi- The revenue estimates are $1.1 bil- izona Department over what problems cles bought or converted after Jan. 1, 2000, to lion, but since many of the credits ex- and recommendations they have so the qualify for cash rebates or tax credits worth pire after 2006, I think it vastly under- 30 percent of the vehicle’s cost. Eligible vehi- problems do not recur in the provisions cles can use an alternative fuel solely or, as states the true cost. I suspect this will enacted here. As a consequence of with ‘bifuel’ vehicles, run on either gasoline be extended before they expire, so that those discussions, we have dramati- or some other fuel, such as natural gas. If a the cost is more likely going to be cally tightened up this bill regarding $25,000 vehicle cost $7,000 to convert to pro- maybe $3 billion or so over a 10-year credits. They cannot be used in the pane, for example, a program participant period. Obviously, the automobile in- aftermarket by people who alter vehi- would be reimbursed the conversion cost plus dustry is the primary beneficiary of cles. They cannot be used for vehicles $9,600, 30 percent of the total $32,000 cost. these credits since they can simply in- ‘‘Some found the legislation laughable that use conventional fuels. This credit from the beginning. ‘The legislation had so crease the cost of the vehicles, and is only available to vehicles dedicated many loopholes you could drive a Ford Ex- then the credits obviously go to the to alternative fuels. We made that cursion through it,’ said Sandy Bahr, out- taxpayer to offset that increase in cost. clear. reach director for the Phoenix-based Grand I make this point—and I don’t expect I add the primary sponsors of this Canyon chapter of the Sierra Club. Ms. Bahr members of the committee are going to amendment are Senators who worked said that, because the bill does not require agree with this proposition—I wish we hard: Senators HATCH, ROCKEFELLER, owners to actually use alternative fuels, could go a little slower. I advised the KERRY, and SNOWE. They are the pri- many are using the bifuel-vehicle incentives committee of the experience in Ari- to take advantage of the program. ‘You’ve mary sponsors of this provision. It has got people putting little four-gallon propane zona. To the credit of the committee the support of both the auto manufac- tanks in sports utility vehicles and getting and the chairman of the committee, his turing industry and the conservation 50 percent back on a $40,000 car.’’ Ms. Bahr staff was very careful to talk to people community, the Environmental De- said. ‘Four gallons of propane goes less far in Arizona and do their best to remove fense Fund, the Union of Concerned than four gallons of gasoline, so all they do the kinds of problems we experienced Scientists support this amendment, is use their regular engines because propane in Arizona. I commend the chairman of NRDC, Ford Motor Company, Lance is hard to find. That actually creates more the Finance Committee for that effort. Auto Manufacturing, and others too emissions because they’re driving a bigger It was a useful effort. car than they would ordinarily buy.’ numerous to name. ‘‘Moreover, there are only six refueling I am concerned we are going to find The main point is, we are trying to stations for alternative fuels in the Phoenix a lot of problems in this program after wean ourselves from OPEC. This provi- area, and none in the rest of the state.’’ (NY it begins. It will be too late then. We sion is a step, a start. It helps. We have Times, Nov. 2, 2000) will find it will cost a whole lot more tailored the amendment based upon the Mr. KYL. What we can see is, like the than we predicted and the benefits will experience in Arizona to help assure system that is being proposed by the not pan out in terms of cost-benefit this works. It will probably not work Senate, there was no cost-benefit anal- analysis. as well as many think, and it may ysis. There was not a very clear idea of I reserve the remainder of my time work better than some Members think, what the ultimate costs were going to on this amendment. If anyone wishes but we are undertaking a good effort to be, and the experience with the pro- to respond, I will briefly discuss the make this right. I appreciate the con- gram not only showed fraud or poten- other amendment. cerns of my friend from Arizona. They tial fraud but runaway expenses. The PRESIDING OFFICER. The Sen- are legitimate concerns and concerns Under the program that has come out ator from Montana. we all have. We have attempted to ad- of the committee, one of the concerns Mr. BAUCUS. Madam President, on dress these concerns. I thank the good is that nonprofits will be able to utilize the face of it, everyone would agree, State of Arizona for helping address credits by selling them, which, of this is to give a stimulus, a boost, to these matters. course, opens up the possibility that alternative fuels, alternative fuel vehi- I urge not adopting the amendment there could be a secondary market or cles, and alternative fuel vehicle infra- that strikes, but to work together to

VerDate 11-MAY-2000 04:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.046 pfrm12 PsN: S25PT1 S3386 CONGRESSIONAL RECORD — SENATE April 25, 2002 see what works and what doesn’t work Without imposing any new mandates, sions. Each dedicated natural gas vehi- and change or modify or delete as the the CLEAR ACT provisions in this en- cle displaces 100 percent of the gasoline case in Arizona. I thank my good friend ergy bill focus on the very best emerg- or diesel that otherwise would be used for helping draw out what is going on ing technologies to help our citizens to in that vehicle. in this debate. enjoy the health benefits of cleaner air Conventional gasoline and diesel Mr. HATCH. Madam President, I rise sooner, to help our communities to motor vehicle technology has come today in opposition to the amendment enjoy the economic benefits of attain- about as far as it can in terms of fuel of the Senator from Arizona. As I un- ing clean air standards sooner, and to economy and emissions. The further derstand it, this amendment would help us reduce our consumption of for- gains that are needed to allow the U.S. strike the portions of the energy tax eign oil sooner than would otherwise be to achieve energy security and clean provisions that would provide tax in- possible. air require nonpetroleum vehicles and centives for the purchase of alternative With the clear benefits of these pro- hybrid and fuel cell vehicles. The na- fuels and advanced technology vehicles visions to less dependency on foreign tion simply cannot achieve its goals in such as hybrid electric and fuel cell oil and to cleaner air, which I might these areas with these conventional ve- automobiles. add come at a very reasonable cost in hicles. Striking these provisions would The provisions that this amendment terms of revenue loss to the Treasury, be a big mistake, and I urge my col- would strike are almost identical to it is hard to see why anyone in this leagues to vote against the Kyl amend- the provisions in the bipartisan CLEAR body would want to strike them. More- ment. ACT, which stands for Clean Efficient over, the tax credits the CLEAR ACT Mr. GRASSLEY. Madam President, I Automobiles Resulting from Advanced offers are performance based, which is oppose Senator KYL’s amendment to Car Technology, which I introduced to say that they are based on the prin- strike the wind energy tax credit ex- last year along with Senators JEF- ciple that every dollar of tax expendi- tension provisions in this bill. It is un- FORDS, ROCKEFELLER, CHAFEE, KERRY, ture should produce substantive air wise from an energy policy standpoint COLLINS, GORDON SMITH, CRAPO, and quality and energy security benefits. and would be harmful to American ag- LIEBERMAN. The greater the benefits a particular riculture. Therefore, I oppose it vigor- The CLEAR ACT is the product of a vehicle achieves, the larger the tax in- ously. carefully crafted, delicately balanced, Mr. FEINGOLD. Madam President, I and politically unusual alliance be- centive for purchasing it. While I do not want to assume I supported the amendment offered by tween auto manufacturers, truck en- know the motivations of the Senator the junior Senator from Arizona, Mr. gine manufacturers, environmental from Arizona for offering this amend- KYL. I did so even though I support the groups, fuel suppliers, and other stake- ment, part of it might be based on an underlying policy that amendment holders. I might add that these provi- unfortunate experience in his home sought to strike from the bill, namely sions, which provide strong incentives state. Not long ago, a well-intentioned the alternative fuels vehicle tax credit. for energy conservation, are an inte- program to promote alternative fuel I regret, though, that this provision, gral part of the President’s energy along with many other tax provisions plan. The CLEAR ACT provisions cre- vehicles by the Arizona legislature ex- in the bill, were included without ade- ate a fair and balanced playing field for perienced extreme cost overruns and all the advanced technologies and al- failed to provide the promised energy quate offsetting savings. The result is a ternative fuel vehicles that offer the and environmental benefits. I want to measure that will make our budget promise of both clean air and less de- assure the members of this body that deficits even larger. We must return to the fiscally re- pendency on foreign fuel. we have studied the Arizona experi- Transportation accounts for about ence, we have identified the inherent sponsible budgeting that was so bene- two-thirds of the oil consumption in weaknesses of that model, and we have ficial to the economy, and which the United States, and we are 97 per- been careful to avoid each one of them brought our budget, however briefly, to cent dependent on oil for our transpor- in this legislation. balance, and even a slight surplus. If tation needs. When we consider the With the CLEAR ACT provisions, Congress does not pay for additional role transportation plays in our econ- until a new advanced vehicle is pur- tax cuts, we will only make matters omy and our way of life, it is hard to chased, until new infrastructure has worse. believe that we rely on foreign sources been installed, or until alternative fuel Mr. KYL. How much time remains for more than one-half of our oil sup- is placed in the tank of a dedicated al- for me? ply. If our nation is going to have a ternative fuel vehicle, there will be no The PRESIDING OFFICER. The Sen- strategy for energy security, that cost to the Treasury. And when a cost ator has 2 minutes. strategy must begin with transpor- is incurred, it will be a small cost rel- AMENDMENT NO. 3332 tation fuels. The Kyl amendment ative to the resulting environmental Mr. KYL. It is my intention to use would take away our best opportunity benefits and energy savings. the remainder of the time on the sec- to provide a balanced approach to To me it is inconceivable that this ond amendment, numbered 3332, after achieve this strategy. Senate would pass an energy policy bill which I presume a Member on the Advances in alternative fuels and without addressing the issue of how to other side will move to table amend- new vehicle technologies have been sig- increase the public’s adoption of alter- ment No. 3333, to get the yeas and nificant in recent years. However, native fuel and advanced technology nays, and I would be happy to accept a three basic obstacles stand in the way vehicles. Although gasoline vehicles voice vote on 3332, which I will describe of a broad shift toward their adoption. are 90 percent cleaner today than thir- at this point. These are the higher cost of the vehi- ty years ago, the significant increase This is an amendment that elimi- cles, the higher cost of alternative in the total number of vehicles on the nates the credits for wind energy. Ac- fuels, and the lack of an infrastructure road and the miles traveled per year by cording to the industry itself, they are of alternative fueling stations. each vehicle means that little progress now competitive and they no longer The CLEAR ACT provisions that this has been made in reducing the con- need the subsidy we provide to them. amendment would strike would lower tribution of motor vehicle emissions to As a matter of fact, quoting from their the barriers that stand in the way of air pollution. own material from the American Wind widespread consumer acceptance of Similarly, despite improvements in Energy Association: The state-of-the- these advanced technology and alter- fuel economy compared to thirty years art wind power plants are generating native fuel vehicles by providing tax ago, more petroleum than ever is used electricity at costs as low as 4 cents credits to consumers who purchase hy- in motor vehicles and U.S. dependence per kilowatt hour, a price competitive brid electric, fuel cell, battery electric, on imported oil is at a record high and with many conventional energy tech- and dedicated alternative fuel vehicles. increasing. Alternative fuel vehicles nologies. This is without the produc- They would also provide incentives for and advanced technology vehicles, such tion tax credit that would be extended the purchase of alternative fuels and as hybrids and fuel cells, significantly under this legislation. the development of an alternative fuel reduce the use of gasoline and diesel The AWEA further projects by the infrastructure. and have dramatically reduced emis- year 2005 the costs will be in the area

VerDate 11-MAY-2000 05:13 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.081 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3387 of 2.5 to 3.5 cents per kilowatt hour, ties, oil companies, and other firms that tial wind capacity to its portfolio over the just about exactly the range of the cost they see wind energy in their future. Wind next few years. ‘‘This is wind power on a of production by coal or nuclear or energy supporters are hopeful that with a grand scale,’’ said PPM president Terry other generation, or natural gas. This further three-year extension of the PTC in- Hudgens of Stateline, adding, ‘‘Stateline is a cluded in the Senate energy bill, the indus- watershed event for our company and for the is a tax credit that is simply no longer try will at last have a stable financial envi- region. With Stateline, wind is no longer just needed. ronment and the serious corporate participa- a small niche in our supply, but has taken a Since the Department of Energy In- tion needed to put it on the road to steady position as a very real and significant part of formation Administration has analyzed long-term growth. the new electric resources the region badly that the RPS mandate in this legisla- Among recent industry developments, needs.’’ tion will only be fulfilled through addi- AWEA said, are the following: Shell Subsidiary Shell WindEnergy, Inc., American Electric Power (AEP), one of the announced in late January that it had pur- tional wind energy capacity, we are nation’s largest utilities, spent $175 million just basically giving a huge gift to the chased an 80-MW wind plant near Amarillo, in late December to buy the 160-megawatt Tex. ‘‘We are delighted to have moved so producers of wind energy that would (MW) Indian Mesa wind plant in West Texas. quickly in making a second major invest- have essentially a monopoly on this Previously, AEP had invested $160 million to ment in the U.S. wind power market,’’ said new renewable power we are man- build its own 150-MW wind farm at Trent David Jones, Director of Shell WindEnergy, dating. Mesa, also in West Texas. Dwayne L. Hart, Inc. ‘‘Wind energy is not only the fastest- I will not name the particular compa- senior vice president of business develop- growing area of power generation worldwide nies, but the companies that are going ment for AEP subsidiary AEP Energy Serv- but it is also one of the cleanest sources of ices, commented, ‘‘The addition of Indian energy.’’ Shell WindEnergy also owns a 50- to benefit from this are some of the Mesa furthers our goal of enhancing the re- largest production companies in the MW wind project in Wyoming, and Shell is newable portion of our overall generation developing or operating more than 1,000 MW country, all good companies, but cer- portfolio.’’ Ward Marshall of AEP Energy of wind in the U.S. and Europe. tainly companies that are multibillion- Services is President-Elect of AWEA. TXU, a large utility based in Dallas, Tex., dollar companies and hardly need this BP and ChevronTexaco announced in mid- announced in early January that it plans to particular kind of a credit. January that they will build and operate a purchase a 40% equity stake in two wind I ask unanimous consent to have 22.5–MW wind plant at their jointly-owned farms under construction in central Spain. Nerefco oil refinery near Rotterdam in The printed in the RECORD brochures from TXU is already one of the largest U.S. pur- Netherlands. Bob Dudley, BP’s group vice chasers of wind-generated electricity, buying the industry itself. president, Gas and Power and Renewables, There being no objection, the mate- the output of several Texas wind plants. said, ‘‘This project is an excellent oppor- Utilicorp United, based in Kansas City, rial was ordered to be printed in the tunity in line with BP’s strategy to add Mo., commissioned a 110-MW wind plant near RECORD, as follows: value to our business, lower emissions, and Montezuma, Kans., in December. Commented WHAT ARE THE FACTORS IN THE COST OF demonstrate our commitment to clean en- Keith Stamm, president and chief operating ELECTRICITY FROM WIND TURBINES? ergy,’’ while James Houck, ChrevronTexaco officer of UtiliCorp’s Global Networks Group, President Power and Gasification, said, The cost of electricity from utility-scale ‘‘This wind farm demonstrates UtiliCorp’s ‘‘Wind power is an increasingly viable source wind systems has dropped by more than 80% commitment to providing its customers with of power generation and this project fits over the last 20 years. renewable and reliable energy supplies . . . In the early 1980’s, when the first utility- with our objectives to manage carbon emis- While this is the first major wind power scale wind turbines were installed, wind-gen- sions and invest in new technologies that project in Kansas, the state has the potential erated electricity cost as much as 30 cents minimize environmental impact.’’ to be a U.S. leader in wind energy.’’ Entergy, a major utility based in New Or- per kilowatt-hour. Now, state-of-the-art ‘‘This string of announcements by major leans, La., purchased a majority interest in wind power plants are generating electricity energy corporations is rapidly changing the the 80–MW Top of Iowa wind farm from Hous- at costs as low as 4 cents/kWh, a price that face of the wind energy business,’’ said Ran- ton, Tex.-based Zilkha Renewable Energy is competitive with many conventional en- dall Swisher, AWEA executive director. and its partner, Midwest Renewable Energy ergy technologies. Costs are continuing to ‘‘Coming on the heels of the industry’s most Corp. Geoff Roberts, president and CEO of decline as more and larger plants are built successful year, in the U.S. and worldwide, it Entergy’s independent power development and advanced technology is introduced. signals that wind energy is moving into the business unit, commented on the trans- Aside from actual cost, wind energy offers big leagues. AWEA estimates that with con- action, ‘‘This project provides Entergy with other economic benefits which make it even tinued government encouragement and broad an attractive entry vehicle into the wind en- more competitive in the long term: utility support, wind energy will provide at ergy business.’’ least six percent of the nation’s electricity Greater fuel diversity and less dependence FPL Energy, a subsidiary of FPL Corp., by 2020. on fossil fuels, which are often subject to which also owns the large utility Florida rapid price fluctuations and supply problems. Power & Light, announced January 7 that it FPL ENERGY PLACES ORDER FOR 175 VESTAS This is a significant issue around the world had added 844 MW of wind power to its power WIND TURBINES, WITH OPTION FOR 650 ADDI- today, with many countries rushing to in- generation portfolio during 2001. The com- TIONAL UNITS stall gas-fired electric generating capacity pany, America’s largest wind plant operator, because of its low capital cost. As world gas now operates 1,830 MW of wind, of which it FPL Energy, LLC, the independent power demand increases, the prospect of supply owns 1,439 MW. Dean Gosselin, FPL Energy production subsidiary of FPL Group Inc. interruptions and fluctuations will grow, vice president of wind development, said, (NYSE: FPL), today announced an agree- making further reliance on it unwise and in- ‘‘We know there are many more opportuni- ment with Vestas Wind Systems A/S of Den- creasing the value of diversity. ties for wind energy throughout the country mark for delivery of approximately 175 wind Greatly reduced environmental impacts and great support in many regions for new turbines and an option for an additional 650 per unit of energy produced, compared with wind power facilities.’’ turbines. conventional power plants. Environmental GE Power Systems said in late February Delivery of the 660-kilowatt turbines will costs are becoming an increasingly impor- that it has signed an agreement to purchase begin in 2002 and will support the planned ex- tant factor in utility resource planning deci- the manufacturing capability of Enron Wind pansion of wind-driven electricity generation sions. Corp., the largest U.S.-based utility-scale projects underway at FPL Energy. More jobs per unit of energy produced than wind turbine manufacturer. ‘‘The acquisition ‘‘Wind projects will be a major element of other forms of energy. of Enron Wind represents GE Power Sys- our expansion activity in 2002 and 2003,’’ said tems’’ initial investment into renewable Ron Green, president of FPL Energy. ‘‘We NEW CORPORATE PLAYERS COULD POWER wind power, one of the fastest growing en- expect to add 1,000 to 2,000 megawatts of STRONGER GROWTH IN WIND ENERGY ergy sectors,’’ said John Rice, president and wind power to our portfolio by the end of As the U.S. Senate continues consideration CEO of GE Power Systems. GE Power Sys- next year.’’ of national energy legislation, the American tems said it expects the wind industry to FPL Energy is the largest generator of wind energy industry is poised to continue grow at an annual rate of about 20%, with electricity form wind turbines in the United building on 2001—its most successful year in principal markets in Europe, the U.S., and States. It currently owns and operates wind history—and is the focus of growing interest Latin America. farms in eight states with more than 1,400 by major players in the energy field, accord- Pacificorp Power Marketing (PPM), affili- megawatts of capacity. ing to the American Wind Energy Associa- ated with Pacificorp, a large utility based in ‘‘As the leading U.S. developer of wind tion (AWEA). Portland, Ore., is playing a major role in power, it is important for FPL Energy to se- The industry is receiving a boost not only building the market for wind in the North- cure a reliable source of wind turbines for from the recent two-year extension of the west. The company is purchasing and mar- use in projects we are developing today and federal wind energy production tax credit keting power from three wind plants in the into the future,’’ said Mr. Green. (PTC), which was signed into law March 9, West, including the 261-MW Stateline Approximately 80 percent of FPL Energy’s but from a series of announcements by utili- Project, and has said it plans to add substan- electric generation is fueled by renewable

VerDate 11-MAY-2000 04:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.082 pfrm12 PsN: S25PT1 S3388 CONGRESSIONAL RECORD — SENATE April 25, 2002 sources or clean-burning natural gas. Wind The PRESIDING OFFICER. Is there a ‘‘(I) RECYCLED SLUDGE FACILITY.— power represents nearly 28 percent of the sufficient second? There is a sufficient ‘‘(i) IN GENERAL.—In the case of a facility company’s 5,063-megawatt portfolio. second. using recycled sludge to produce electricity, Last month, Congress extended the produc- The yeas and nays were ordered. the term ‘qualified facility’ means any facil- tion tax credit for operating wind projects. ity owned by the taxpayer which is origi- Projects that become operational by the end AMENDMENT NO. 3370 nally placed in service before January 1, 2007. of 2003 will receive a 1.7-cent per kilowatt- Mr. REID. Madam President, it is my ‘‘(ii) SPECIAL RULE.—In the case of a quali- hour tax credit, adjusted for inflation, for a understanding the next amendment in fied facility described in clause (i), the 10- ten-year period. order by virtue of the unanimous con- year period referred to in subsection (a) shall ‘‘We continued our wind project develop- sent agreement is Graham amendment be treated as beginning no earlier than the ment activities during the first part of this No. 3370. date of the enactment of this subpara- year, and the extension of the production tax The PRESIDING OFFICER. The Sen- graph.’’. credit in March gave us the green light to ator is correct. (c) DEFINITIONS.—Section 45(c), as amended quickly advance these important projects to by this Act, is amended by redesignating construction. Mr. REID. I ask unanimous consent paragraph (9) as paragraph (11) and by insert- ‘‘Wind power is an important component of the 15 minutes granted on this amend- ing after paragraph (8) the following new our nation’s move toward energy independ- ment start running. paragraphs: ence as we harness our natural resources for The PRESIDING OFFICER. Without ‘‘(9) MUNICIPAL BIOSOLIDS.—The term ‘mu- production of electricity. It is a clean, re- objection, it is so ordered. nicipal biosolids’ means the residue or solids newable source of energy that can be sited, Mr. REID. I suggest the absence of a removed by a municipal wastewater treat- built and in operation much more rapidly quorum with the time counting against ment facility. than conventional fossil fuel facilities,’’ Mr. the Graham amendment. ‘‘(10) RECYCLED SLUDGE.— Green said. ‘‘(A) IN GENERAL.—The term ‘recycled ‘‘Typically, wind farms can be constructed The PRESIDING OFFICER. Without objection, it is so ordered. sludge’ means the recycled residue byproduct in six to nine months, and they are profit- created in the treatment of commercial, in- able from the first day of operation,’’ said The clerk will call the roll. dustrial, municipal, or navigational waste- Mr. Green. Last year, FPL Energy built The assistant legislative clerk pro- water. nearly 850 megawatts of wind-powered gener- ceeded to call the roll. ‘‘(B) RECYCLED.—The term ‘recycled’ ating facilities, approximately half of what Mr. REID. Madam President, I ask means the processing of residue into a mar- was built in the United States. unanimous consent the order for the ketable product, but does not include incin- ‘‘A large percentage of our current wind fa- quorum call be dispensed with. eration for the purpose of volume reduc- cilities are equipped with Vestas turbines,’’ The PRESIDING OFFICER. Without tion.’’. said Mr. Green. ‘‘We are pleased to move for- objection, it is so ordered. (d) EXEMPTION FROM CREDIT REDUCTION.— ward with such a reliable supplier for our fu- Mr. REID. The Senator from Florida The last sentence of section 45(b)(3), as added ture expansion.’’ is on the floor. I ask unanimous con- by this Act, is amended by inserting ‘‘, FPL Energy is the nation’s leader in wind (c)(3)(H), or (c)(3)(I)’’ after ‘‘(c)(3)(B)(i)(II)’’. energy generation, with 24 wind farms in sent the amendment now pending be (e) EFFECTIVE DATE.—The amendments Iowa, Kansas, Texas, Minnesota, Wisconsin, temporarily laid aside for purposes of made by this section shall apply to elec- Washington, Oregon and California. The calling up this amendment. tricity sold after the date of the enactment company is a leading independent producer The PRESIDING OFFICER. Without of this Act, in taxable years ending after of clean energy from natural gas, wind, solar objection, it is so ordered. such date. and hydroelectric. Its portfolio includes 73 AMENDMENT NO. 3346 AMENDMENT NO. 3370 facilities in operation, under construction, or in advanced stages of development in 17 Mr. REID. I call up amendment No. The PRESIDING OFFICER. Who states. 3346. yields time? FPL Group, with annual revenues of more The PRESIDING OFFICER. The The Senator from Florida. than $8 billion, is nationally known as a high clerk will report. Mr. GRAHAM. Madam President, quality, efficient, and customer-driven orga- The assistant legislative clerk read what is the parliamentary situation at nization focused on energy-related products as follows: this time? and services. With a growing presence in The Senator from Nevada [Mr. REID], for The PRESIDING OFFICER. Amend- more than 17 states, it is widely recognized Mr. KOHL, proposes an amendment numbered ment No. 3370 is the business before the as one of the country’s premier power com- 3346. panies. Its principal subsidiary, Florida Senate. The Senator’s amendment is Power & Light Company, serves approxi- Mr. REID. I ask unanimous consent before the Senate. mately 4 million customer accounts in Flor- the reading of the amendment be dis- Mr. GRAHAM. Madam President, I ida. FPL Energy, LLC, an FPL Group en- pensed with. would like to take up first amendment ergy-generating subsidiary, is a leader in The PRESIDING OFFICER. Without No. 3372. producing electricity from clean and renew- objection, it is so ordered. Mr. REID. Madam President, if I able fuels. FPL FiberNet, LLC is a leading The amendment is as follows: could reserve my right to object, the provider of fiber-optic networks in Florida. (Purpose: To modify the credit for the pro- Senator has two amendments. We do Additional information is available on the duction of electricity to include municipal Internet at www.fplgroup.com, www.fpl.com, not care which one he brings up, but he biosolids and recycled sludge) www.fplenergy.com and cannot bring up both. www.fplfibernet.com. In Division H, on page 17, between lines 8 Mr. GRAHAM. I would like to bring and 9, insert the following: Mr. KYL. I close by advising my col- up No. 3372. SEC. ll. CREDIT FOR ELECTRICITY PRODUCED Mr. REID. I ask the unanimous con- leagues I would be pleased to have a FROM MUNICIPAL BIOSOLIDS AND vote by voice. RECYCLED SLUDGE. sent agreement that is now standing be The PRESIDING OFFICER. The Sen- (a) IN GENERAL.—Section 45(c)(1) (defining modified. ator from New Mexico. qualified energy resources), as amended by The PRESIDING OFFICER. Is there Mr. BINGAMAN. I think we are ready this Act, is amended by striking ‘‘and’’ at objection? to vote on amendment No. 3332. the end of subparagraph (G), by striking the Mr. NICKLES. Madam President, The PRESIDING OFFICER. The period at the end of subparagraph (H), and by parliamentary inquiry: Is that amend- adding at the end the following new subpara- ment germane postcloture? question is on agreeing to the amend- graphs: ment of the Senator from Arizona. ‘‘(I) municipal biosolids, and The PRESIDING OFFICER. No, it is The amendment (No. 3332) was re- ‘‘(J) recycled sludge.’’. not. jected. (b) QUALIFIED FACILITIES.—Section 45(c)(3) Mr. NICKLES. Is the amendment out Mr. REID. I move to reconsider the (relating to qualified facility), as amended of order? vote. by this Act, is amended by adding at the end The PRESIDING OFFICER. A point Mr. BINGAMAN. I move to lay that the following new subparagraphs: of order would lie at the appropriate motion on the table. ‘‘(H) MUNICIPAL BIOSOLIDS FACILITY.—In the time. The motion to lay on the table was case of a facility using municipal biosolids Mr. NICKLES. Madam President, for to produce electricity, the term ‘qualified fa- agreed to. cility’ means any facility owned by the tax- the information of my colleague, I am Mr. BINGAMAN. I move to table the payer which is originally placed in service happy for him to discuss it, but I will other Kyl amendment, numbered 3333, after December 31, 2001, and before January make a point of order at the appro- and I ask for the yeas and nays. 1, 2007. priate time.

VerDate 11-MAY-2000 04:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.051 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3389 Mr. GRAHAM. Madam President, I gress is likely to consider a supple- could get the support from the admin- will object to the unanimous consent mental appropriation to provide $37 bil- istration, we could move in that direc- request by the Senator from Nevada, lion for the war in Afghanistan, and tion. But that has not been possible. and we will proceed on the amendment that will be without an offset. I am constrained to oppose the that was the original subject of the But wherever we go outside these amendment of the Senator from Flor- unanimous consent. three areas of the war, homeland secu- ida. The PRESIDING OFFICER. Objec- rity, or stimulating the economy, the This amendment would simply pick tion has been heard. effect of not providing an offset is to out the tax provisions in the bill, and The Senator from Florida. ask our children and grandchildren, by the particular provision that he finds Mr. GRAHAM. Madam President, in the reduction in the Social Security objectionable, which is intended to February the Finance Committee re- trust fund, upon which their security maintain domestic production when ported out legislation which has be- in retirement depends, that trust fund world oil prices are lower. We have sev- come the tax provisions for the energy now becomes the means by which we eral provisions in the bill which are so- bill. This set of provisions includes a pay for our current appetite. called countercyclical provisions, number of incentives provided to tradi- Therefore, the amendment that is be- which basically say that when the oil tional energy production, conservation, fore us is an amendment which will price goes down below certain levels, and the use of alternative fuels. strike one of the provisions in the tax there is a tax incentive for companies In reporting this set of proposals, the measure. It is division H, relating to to stay in the business and not to shut Finance Committee made the decision energy tax incentives, striking section down production in this country. to defer the inclusion of an appropriate 2308. This is one of several provisions in- offset for the cost of these tax incen- Frankly, that is an arbitrary selec- tended to maintain reasonable tives until the bill was considered on tion and a strike. In a world in which cashflows to keep the service sector in the floor. We of course are now at that we were prepared to pay for these var- the oil economy working. The provi- point. ious energy tax measures, I might well sion would stimulate the economy and The committee did not make the de- be prepared to support them. But in a producing areas in our country. cision that such an offset was unneces- world in which we are saying it is not For that reason, I urge my colleagues sary. In fact, the budget which was important enough for us to pay for to oppose the Graham amendment that adopted by the Congress last year for these measures, we are going to ask has been presented to the Senate at the 1st session of the 107th Congress, as the next generations to pay by reduc- this time. well as the one which is currently ing the security upon which their re- I yield the floor. under consideration by the Senate tirement depends. I think that is an Mr. NICKLES. Mr. President, I want Budget Committee, requires that this immoral act. I believe it is another to inform my friend from Florida that legislation be budget neutral. step on the slippery slope down the I will make a couple of comments and The amendment I had hoped to offer, mountain from fiscal discipline which then move to table. But if he wishes to and to which our friend and colleague this Congress worked so hard over the speak before the tabling motion, I from Oklahoma has just indicated his last decade to achieve. would be happy to let him do so. intent to offer a point of order that it We already have converted an almost Mr. GRAHAM. Mr. President, I was was not germane, and therefore was $6 trillion projected 10-year surplus going to close on the amendment be- not available, would have met that ob- into a series of deficits. We have acted fore we take up the tabling motion. ligation. It would have said, simply, at a level of fiscal irresponsibility al- The PRESIDING OFFICER. The Sen- that before these tax provisions went most unknown in the history of this ator from Florida. into effect either through spending or country. I wish we had been able to Mr. GRAHAM. Mr. President, it had through revenue from other sources, it adopt the amendment that I wanted to not been my intention to dwell on spe- would be our obligation to make this a offer, which would have said let’s put cifics of a particular tax measure be- budget-neutral program. aside all of these tax measures until we cause, as I indicated, if we had provided I am personally very disappointed have developed—as a Finance Com- the offset for this, I would have voted that we are proceeding with these tax mittee indicated it was the intention— for it. provisions, which as of now have a 10- a means of paying for them before they The issue for our colleagues and for year cost estimate of approximately go into effect. That is not available. the American people is that this provi- $13 billion, without any effort to offset. Therefore, I am taking a second op- sion would further deplete the Social I strike the word ‘‘any.’’ We did, in tion to propose that we strike this and Security trust fund. That is where it is fact, adopt a package of proposals ear- other of the provisions that have gone coming from. This is not revenue eligi- lier today which were stated to be a into the bill so we will not be in the po- ble. partial offset. But when you look at sition of having to find an offset be- As desirable as this may be, I do not the cumulative number of those provi- cause we have made the decision that believe it meets that test. It does not sions, the total amount of additional we are going to be fiscally responsible. meet the President’s test. It does not revenue over 10 years would be $37 mil- I urge my colleagues to take this op- justify going into the Social Security lion, as against $13 billion of revenue portunity to say enough is enough. We trust fund. loss in this program. are already committed to paying with- I share his position and urge that our The President of the United States out offsets for the war, for homeland colleagues use this as a line in the sand outlined very clearly in his State of security, and for economic stimulation. for fiscal discipline. the Union Message that there were But beyond those priorities, I think on Mr. NICKLES. Mr. President, my col- three priorities for this Nation, all of a broad, bipartisan consensus we league and good friend is on the Fi- which have strong bipartisan support. should ask is this issue important nance Committee, as am I. We had an These three priorities were what he enough for us to do and important opportunity to offset it if we wanted to said could be considered without the enough for our generation of Ameri- in committee. We didn’t do it. fiscal discipline requiring that there be cans to pay for it. I don’t know why this particular a method of paying for these. Those Mr. BINGAMAN. Mr. President, let amendment is picked out. But I think three were: Winning the war on ter- me first say that the general sentiment it is a mistake to try to strike this lan- rorism, defending our homeland, and that the Senator from Florida has ex- guage. This language says you can’t ex- reviving our economy. pressed is one I agree with—which is pense over 2 years’ payments that are Congress has in fact followed the that I am disappointed that we have made to keep a lease ongoing. Some- President’s direction. In March we not come up with a proposal to offset times a person or a company may have passed the Job Creation Worker Assist- the cost of the various tax provisions a lease to drill or to explore. For what- ance Act, which included several tax in this bill. I hoped we could do that in ever reason, they can’t initiate explo- incentives designed to stimulate the the Finance Committee. ration. It may be because of political economy. That legislation was enacted I think that clearly would be the bet- problems. Maybe they can’t get a par- without an offset. In a few weeks, Con- ter course to follow, and perhaps, if we ticular permit. Maybe the price has

VerDate 11-MAY-2000 04:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.084 pfrm12 PsN: S25PT1 S3390 CONGRESSIONAL RECORD — SENATE April 25, 2002 dropped so low that it is not feasible. NATIONAL LABORATORIES PART- The PRESIDING OFFICER. Is there a But they want to keep the lease open. NERSHIP IMPROVEMENT ACT OF sufficient second? So they make payments. 2001—Continued There appears to be a sufficient sec- Under the provision in the bill, we Mr. REID. Mr. President, I should ad- ond. say those payments are expensed over 2 vise all Members that we are now at The clerk will call the roll. years. Frankly, they should be ex- the end of the debate time on this piece The legislative clerk called the roll. pensed in the year made. of legislation. We are now going to Mr. NICKLES. I announce that the I might note we passed countless start a series of votes. We could have Senator from North Carolina (Mr. amendments that said let us give a tax as many as 12 votes. We will try to HELMS), is necessarily absent. credit for this. We will reduce taxes complete within the time set. Everyone The PRESIDING OFFICER (Mr. DUR- substantially; in other words, have the should try to stay as close to the BIN). Are there any other Senators in taxpayers subsidize it. In this case, we Chamber as possible for this very long the Chamber desiring to vote? are not looking for subsidies. If some- and arduous task of completing the bill The result was announced—yeas 52, body writes a check, we are asking today. nays 47, as follows: that they be able to expense that This will be the end of 6 weeks that [Rollcall Vote No. 89 Leg.] check. the two managers have worked on this YEAS—52 Frankly, the provision in the Senate bill. Allard Enzi Murkowski bill is over 2 years. It should be 1 year. I ask unanimous consent that when Allen Frist Nickles the vote sequence commences there be Bayh Gramm Roberts When you write the check ‘‘for lease Bennett Grassley Rockefeller payment,’’ you could have an example 2 minutes between each vote with the Bond Hagel Santorum where somebody has a lease to drill time equally divided and controlled in Breaux Harkin Schumer someplace, and a political obstruction the usual form; that no other amend- Brownback Hollings Sessions ments be in order; that no points of Bunning Hutchinson Shelby has arisen—maybe State, maybe Fed- Burns Hutchison Smith (OR) eral, maybe whatever—and they are order be considered waived by this Campbell Inhofe Specter not able to commence exploration. But agreement; and that all votes after the Cleland Kyl Stevens first vote on the Harkin amendment be Clinton Landrieu Thomas if they don’t make payments, they Cochran Lincoln Thompson would lose the lease. They should be 10 minutes each. Craig Lott Thurmond able to expense those payments in the The PRESIDING OFFICER (Mr. CAR- Crapo Lugar Voinovich year made. PER). Without objection, it is so or- DeWine McCain Warner dered. Domenici McConnell The bill before us says they should be Ensign Miller AMENDMENT NO. 3364 TO AMENDMENT NO. 2917 able to expense it in 2 years. That is Mr. REID. Mr. President, I ask unan- NAYS—47 more than defensible. imous consent that the pending amend- Akaka Dorgan Levin I urge my colleagues to vote in favor ments be set aside and that it be in Baucus Durbin Lieberman Biden Edwards Mikulski of the motion to table the Graham order for the Senate to consider amendment. Bingaman Feingold Murray amendment No. 3364, that it be set Boxer Feinstein Nelson (FL) I move to table the Graham amend- aside, and that it be the last amend- Byrd Fitzgerald Nelson (NE) ment, and I ask for the yeas and nays. Cantwell Graham Reed ment in order on the bill now before Carnahan Gregg Reid The PRESIDING OFFICER. Is there a the Senate. Carper Hatch Sarbanes sufficient second? The PRESIDING OFFICER. Is there Chafee Inouye Smith (NH) There is a sufficient second. objection? Collins Jeffords Snowe The Chair hears none, and it is so or- Conrad Johnson Stabenow The yeas and nays were ordered. Corzine Kennedy Torricelli dered. Daschle Kerry Wellstone The amendment is as follows: Dayton f Kohl Wyden (Purpose: To amend the Internal Revenue Dodd Leahy Code of 1986 to exempt receipts of tax-ex- NOT VOTING—1 UNANIMOUS CONSENT AGREE- empt rural electric cooperatives for the Helms MENT—EXECUTIVE CALENDAR construction of line extensions to encour- age development of section 29 qualified fuel The amendment (No. 3195) was agreed Mr. REID. Mr. President, as if in ex- sources) to. ecutive session, I ask unanimous con- In Division H, on page 215, between lines 10 Mr. COCHRAN. I move to reconsider sent that immediately following the and 11, insert the following: the vote. disposition of H.R. 4, the Senate pro- SEC. . TREATMENT OF CERTAIN DEVELOPMENT Mr. LOTT. I move to lay that motion ceed to executive session to consider INCOME OR COOPERATIVES. on the table. the following judicial nominations: (a) IN GENERAL.—Subparagraph (C) of sec- The motion to lay on the table was Calendar Nos. 777 and 780; that the Sen- tion 501(c)(12), as amended by this Act, is agreed to. ate vote immediately on the nomina- amended by striking ‘‘or’’ at the end of tions, the motion to reconsider be laid clause (iv), by striking the period at the end AMENDMENT NO. 3198 of clause (v) and insert ‘‘, or’’, and by adding on the table, the President be imme- The PRESIDING OFFICER. There at the end the following new clause: will now be 2 minutes equally divided diately notified of the Senate’s action; ‘‘(vi) from the receipt before January 1, that any statements thereon be printed 2007, of any money, property, capital, or any prior to the vote on the motion to in the RECORD; and the Senate return other contribution in aid of construction or table the amendment by the Senator to legislative session, with the pre- connection charge intended to facilitate the from Delaware. Who yields time? ceding occurring without any inter- provision of electric service for the purpose Mr. CARPER. I yield 30 seconds to vening action or debate. of developing qualified fuels from non- the Senator from Pennsylvania. conventional sources (within the meaning of The PRESIDING OFFICER. Without Mr. SPECTER. Mr. President, in my section 29).’’. 30 seconds, I emphasize the point that objection, it is so ordered. (b) EFFECTIVE DATE.—The amendments made by this section shall apply to taxable this amendment is a significant step Mr. REID. I ask unanimous consent toward freeing the United States from it be in order to ask for the yeas and years beginning after the date of the enact- ment of this Act. dependence on OPEC oil. The front nays on both nominations with one page of today’s New York Times con- show of seconds. AMENDMENT NO. 3195 Mr. REID. Mr. President, I ask that tains a statement by the Crown Prince The PRESIDING OFFICER. Without the Senate now begin voting on the of Saudi Arabia that, if necessary, to objection, it is so ordered. Harkin amendment. blackmail the United States to change Mr. REID. I now ask for the yeas and The PRESIDING OFFICER. The our policy toward Israel, Saudi Arabia nays. question is on agreeing to amendment is prepared to move to the right of bin The PRESIDING OFFICER. Is there a No. 3195. Laden. Saudi Arabia gave us bin Laden, sufficient second? Mr. REID. Mr. President, I ask for and 15 of the 19 terrorists from 9–11. There is a sufficient second. the yeas and nays. Vote for this amendment.

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.087 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3391 The PRESIDING OFFICER. Who [Rollcall Vote No. 90 Leg.] voted for this provision—at least with- yields time? Are there any proponents YEAS—57 out the care that I think should have of the motion to table? Who yields Allard Dorgan Lincoln gone into it. My motion strikes the time? Allen Ensign Lott provision from the bill. Baucus Enzi McConnell The PRESIDING OFFICER. The Sen- Mr. LEVIN. Mr. President, I yield 30 Bayh Feingold Mikulski seconds to the Senator from Missouri. Bennett Fitzgerald Miller ator from Utah. Bond Frist Murkowski Mr. HATCH. Mr. President, I rise in The PRESIDING OFFICER. The Sen- Breaux Gramm Nelson (NE) opposition to the amendment of the ator from Missouri is recognized for 30 Brownback Grassley Nickles Senator from Arizona, for three rea- seconds. Bunning Hagel Roberts Burns Hatch Santorum sons. First, the Finance Committee Mr. BOND. Mr. President, we have Byrd Hutchinson Sessions passed these tax incentive provisions dealt with this before. We are going to Campbell Hutchison Shelby through by a wide margin. Second, we push for higher standards and fuel effi- Carnahan Inhofe Smith (NH) Cochran Johnson Stabenow have solved the problems that arose ciency, but only to the extent techno- Craig Kennedy Stevens during the Arizona experience. Third, logically feasible to require an arbi- Crapo Kohl Thomas this is probably the most important en- trary figure pulled out of the air to be Dayton Kyl Thurmond vironmental bill that will go through substituted for the procedure in the DeWine Landrieu Voinovich Domenici Levin Warner our Congress this year, and maybe in a Levin-Bond amendment. It makes no long time, because it provides for in- sense. NAYS—42 centives for alternative fuels, alter- Akaka Durbin Murray native vehicles, and alternative fuel I urge all our colleagues who voted Biden Edwards Nelson (FL) for the Levin-Bond amendment to sup- Bingaman Feinstein Reed stations. port the motion to table for jobs, for Boxer Graham Reid It is about time we start approaching safety and for consumer choice. Cantwell Gregg Rockefeller these problems in an intelligent way Carper Harkin Sarbanes that will take us away from being so The PRESIDING OFFICER. Who Chafee Hollings Schumer yields time? The Senator from Dela- Cleland Inouye Smith (OR) dependent upon foreign oil. The provi- ware. Clinton Jeffords Snowe sions the Senator from Arizona’s Collins Kerry Specter amendment would strike will do more Mr. CARPER. Mr. President, the Conrad Leahy Thompson toward that end than anything I know Levin-Bond amendment language Corzine Lieberman Torricelli Daschle Lugar Wellstone and in the end will save us money. which is in this bill requires the Sec- Dodd McCain Wyden The provisions that this amendment retary of Transportation to promulgate NOT VOTING—1 would strike are almost identical to regulations increasing fuel efficiency Helms the provisions in the bipartisan CLEAR standards. Our amendment changes ACT, which stands for Clean Efficient nothing in the Levin-Bond amendment. The motion was agreed to. Automobiles Resulting from Advanced Our amendment says that in estab- Mr. LEVIN. I move to reconsider the Car Technology, which I introduced lishing those fuel efficiency standards, vote. last year along with Senators JEF- we direct the Secretary of Transpor- Mr. BINGAMAN. I move to lay that FORDS, ROCKEFELLER, CHAFEE, KERRY, tation to also consider reducing oil motion on the table. COLLINS, GORDON SMITH, CRAPO, and consumption through alternative The motion to lay on the table was LIEBERMAN. fuels—ethanol, biodiesel, and energy agreed to. The CLEAR ACT is the product of a from coal waste. AMENDMENT NO. 3333 carefully crafted, delicately balanced, The PRESIDING OFFICER. Who The PRESIDING OFFICER. There and politically unusual alliance be- yields time? The Senator from Michi- are 2 minutes equally divided on the tween auto manufacturers, truck en- gan has 34 seconds. amendment of the Senator from Ari- gine manufacturers, environmental zona, Mr. KYL. groups, fuel suppliers, and other stake- Mr. LEVIN. Mr. President, the Mr. BINGAMAN. Mr. President, I holders. I might add that these provi- amendment before us would fundamen- made a motion to table the amend- sions, which provide strong incentives tally change the Levin-Bond amend- ment, and the Senator from Utah will for energy conservation, are an inte- ment. What it does is, in effect, pre- use the minute to argue for that posi- gral part of the President’s energy judge the outcome of the very process tion. plan. The CLEAR ACT provisions cre- that we put in place, a process that we Mr. KYL. Mr. President, I will take ate a fair and balanced playing field for want to use to consider all of the fac- my 1 minute to speak in favor of my all the advanced technologies and al- tors that are involved, including safety amendment first. Then Senator HATCH ternative fuel vehicles that offer the factors, including the availability of will speak in favor of the motion to promise of both clean air and less de- alternative fuels. All of those factors table. pendency on foreign fuel. ought to be considered in the regu- This amendment strikes the alter- Transportation accounts for about latory process, not prejudged with an native fuels tax credit portion of the two-thirds of the oil consumption in artificial mandate that we have to save bill. The savings would be at least $1 the United States, and we are 97 per- 1 million barrels per day. billion, probably closer to about $3 bil- cent dependent on oil for our transpor- I hope this will be tabled and that we lion. That is not my reason for doing tation needs. When we consider the will then go back to the regulatory it. Arizona had a somewhat similar role transportation plays in our econ- process in the Levin-Bond amendment. program in our State government that omy and our way of life, it is hard to The PRESIDING OFFICER. All time would have bankrupted the State and believe that we rely on foreign sources has expired. The question is on agree- ruin political careers. It was a fiasco for more than one-half of our oil sup- ing to the motion to table amendment and it was finally terminated. It was ply. If our Nation is going to have a No. 3198. The yeas and nays have been full of loopholes and problems and strategy for energy security, that ordered. The clerk will call the roll. costs that were never thought through. strategy must begin with transpor- The assistant legislative clerk called My reason for offering the amend- tation fuels. The Kyl amendment the roll. ment is, frankly, to send a warning to would take away our best opportunity all of my colleagues that we really to provide a balanced approach to Mr. NICKLES. I announce that the should have thought it better through achieve this strategy. Senator from North Carolina (Mr. in our own Federal version. To their Advances in alternative fuels and HELMS) is necessarily absent. credit, the staff of the Finance Com- new vehicle technologies have been sig- The PRESIDING OFFICER (Mr. mittee did take the advice of a lot of nificant in recent years. However, JOHNSON). Are there any other Sen- people at the department of transpor- three basic obstacles stand in the way ators in the Chamber desiring to vote? tation in Arizona and fixed a lot of the of a broad shift toward their adoption. The result was announced—yeas 57, problems. My concern is they didn’t fix These are the higher cost of the vehi- nays 42, as follows: enough and we will rue the day we cles, the higher cost of alternative

VerDate 11-MAY-2000 06:45 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.091 pfrm12 PsN: S25PT1 S3392 CONGRESSIONAL RECORD — SENATE April 25, 2002 fuels, and the lack of an infrastructure road and the miles traveled per year by NOT VOTING—1 of alternative fueling stations. each vehicle means that little progress Helms The CLEAR ACT provisions that this has been made in reducing the con- The motion was agreed to. amendment would strike would lower tribution of motor vehicle emissions to Mr. BINGAMAN. I move to recon- the barriers that stand in the way of air pollution. sider the vote and move to lay that widespread consumer acceptance of Similarly, despite improvements in motion on the table. these advanced technology and alter- fuel economy compared to 30 years ago, The motion to lay on the table was native fuel vehicles by providing tax more petroleum than ever is used in agreed to. credits to consumers who purchase hy- motor vehicles and U.S. dependence on AMENDMENT NO. 3370 brid electric, fuel cell, battery electric, imported oil is at a record high and in- The PRESIDING OFFICER. There and dedicated alternative fuel vehicles. creasing. Alternative fuel vehicles and will now be 2 minutes evenly divided They also would provide incentives for advanced technology vehicles, such as before a vote on the motion to table the purchase of alternative fuels and hybrids and fuel cells, significantly re- the Graham amendment. the development of an alternative fuel duce the use of gasoline and diesel and The Senator from Florida. infrastructure. have dramatically reduced emissions. Mr. GRAHAM. Mr. President, this Without imposing any new mandates, Each dedicated natural gas vehicle dis- amendment is not about the under- the CLEAR ACT provisions in this en- places 100 percent of the gasoline or lying provision, but I think it is worth- ergy bill focus on the very best emerg- diesel that otherwise would be used in while for the Members to understand ing technologies to help our citizens to that vehicle. enjoy the health benefits of cleaner air what the underlying provision would Conventional gasoline and diesel do. sooner, to help our communities to motor vehicle technology has come enjoy the economic benefits of attain- The current tax law, consistent with about as far as it can in terms of fuel generally accepted accounting proce- ing clean air standards sooner, and to economy and emissions. The further help us reduce our consumption of for- dures, provides that when royalty pay- gains that are needed to allow the ments are made by oil and gas pro- eign oil sooner than would otherwise be United States to achieve energy secu- possible. ducers to the landowner during a pe- rity and clean air require nonpetro- riod when there is no oil or gas produc- With the clear benefits of these pro- leum vehicles and hybrid and fuel cell visions to less dependency on foreign tion, during a suspension period, that vehicles. The nation simply cannot those costs must be capitalized, and oil and to cleaner air, which I might achieve its goals in these areas with add come at a very reasonable cost in then they can be recovered when there these conventional vehicles. Striking is actual oil and gas production. That terms of revenue loss to the Treasury, these provisions would be a big mis- it is hard to see why anyone in this is both the accounting and tax law take, and I urge my colleagues to vote today. body would want to strike them. More- against the Kyl amendment. over, the tax credits the CLEAR ACT We are about to split the two and say The PRESIDING OFFICER. The offers are performance based, which is that for tax purposes they can be ex- question is on agreeing to the motion to say that they are based on the prin- pensed within a 2-year period. If that to table amendment No. 3333. The clerk ciple that every dollar of tax expendi- sounds a little bit like some of the will call the roll. ture should produce substantive air things that Enron was doing on its quality and energy security benefits. The legislative clerk called the roll. books, the answer is it is a lot like The greater the benefits a particular Mr. NICKLES. I announce that the what Enron was doing on its books. vehicle achieves, the larger the tax in- Senator from North Carolina (Mr. But the fundamental issue is, with- centive for purchasing it. HELMS) is necessarily absent. out examination, we are about to ask While I do not want to assume I The PRESIDING OFFICER. Are there the Social Security trust fund to pay know the motivations of the Senator any other Senators in the Chamber de- for the additional cost of this pref- from Arizona for offering this amend- siring to vote? erential depreciation treatment. I be- ment, part of it might be based on an The result was announced—yeas 91, lieve, if this is a worthy provision, it is unfortunate experience in his home nays 8, as follows: worthy that somebody come up with an State. Not long ago, a well-intentioned [Rollcall Vote No. 91 Leg.] offset so that we decide who pays for it, not our children and grandchildren, by program to promote alternative fuel YEAS—91 vehicles by the Arizona legislature ex- depletion of the Social Security trust Akaka Domenici Mikulski perienced extreme cost overruns and Allard Dorgan Miller fund. failed to provide the promised energy Allen Durbin Murkowski The PRESIDING OFFICER. The Sen- and environmental benefits. I want to Baucus Edwards Murray ator from Louisiana. Bayh Ensign Nelson (FL) Mr. BREAUX. Mr. President, the pro- assure the Members of this body that Bennett Enzi Nelson (NE) we have studied the Arizona experi- Biden Feinstein Reed vision that the Senator from Florida ence, we have identified the inherent Bingaman Frist Reid seeks to take out of the bill is part of weaknesses of that model, and we have Bond Graham Roberts a very carefully balanced and level tax Boxer Grassley Rockefeller been careful to avoid each one of them Breaux Gregg Santorum package that should remain in this in this legislation. Brownback Hagel Sarbanes bill. We should table this amendment. With the CLEAR ACT provisions, Bunning Harkin Schumer Simply stated, the situation is, if you until a new advanced vehicle is pur- Byrd Hatch Sessions produce oil, you pay a royalty. You can Campbell Hollings Shelby chased, until new infrastructure has Cantwell Hutchinson Smith (NH) deduct it. But if the price of oil drops, been installed, or until alternative fuel Carnahan Hutchison Smith (OR) you have to pay delayed rental pay- is placed in the tank of a dedicated al- Carper Inhofe Snowe ments, and you pay the payments to Chafee Inouye Specter ternative fuel vehicle, there will be no Cleland Jeffords Stabenow the Government. You should be able to cost to the Treasury. And when a cost Clinton Johnson Stevens deduct those payments as you can de- is incurred, it will be a small cost rel- Cochran Kennedy Thomas duct royalty payments when they are ative to the resulting environmental Collins Kerry Thompson paid. That is what the bill says. That Conrad Kohl Thurmond benefits and energy savings. Corzine Landrieu Torricelli provision should be kept in the bill. To me it is inconceivable that this Craig Leahy Voinovich Mr. President, I yield to the Senator Senate would pass an energy policy bill Crapo Levin Warner from Texas. Daschle Lieberman Wellstone without addressing the issue of how to Dayton Lincoln Wyden The PRESIDING OFFICER. The Sen- increase the public’s adoption of alter- DeWine Lugar ator from Texas. native fuel and advanced technology Dodd McConnell Mrs. HUTCHISON. Mr. President, vehicles. Although gasoline vehicles NAYS—8 this is the only part of the bill that are 90 percent cleaner today than 30 would encourage small drillers to ex- Burns Gramm McCain years ago, the significant increase in Feingold Kyl Nickles plore. In fact, this is as any other busi- the total number of vehicles on the Fitzgerald Lott ness is treated. The underlying bill

VerDate 11-MAY-2000 06:45 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.094 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3393 says, if you pay an expense, you get to all know, our budget position has bill; that upon passage, the Senate in- deduct it in the year in which you changed dramatically over the past sist on its amendment, request a con- make it. year, and we are now facing projected ference with the House on the dis- This amendment would take that deficits for years to come. If we are to agreeing votes of the two Houses, and away and make you amortize it, even climb out of the deficit hole, we abso- that the Chair be authorized to appoint though you already paid it. And you lutely must commit to a path of fiscal conferees on the part of the Senate; may not even find oil. Please table this responsibility. That means a lot of provided further, S. 517 be returned to amendment. It would be unfair not to things. First and foremost, it means the calendar; that the conferee ratio be do so. paying for the spending and tax cut the following: The Energy Committee 6 The PRESIDING OFFICER. All time bills we pass. to 5, and the Finance Committee 3 to 2, has expired. As it stands, we have not paid for with this action occurring with no fur- The question is on agreeing to the this legislation. The tax package alone ther intervening action or debate. motion to table amendment No. 3370. digs our deficit hole another $14 billion The PRESIDING OFFICER. Is there The yeas and nays have been ordered. deeper. As we approach the retirement objection? The clerk will call the roll. of the largest generation in history, Mr. GRAHAM. Reserving the right to The assistant legislative clerk called the baby boomers, we face enormous object. the roll. fiscal challenges. Obviously, Social Se- The PRESIDING OFFICER. The Sen- Mr. NICKLES. I announce that the curity needs strengthening, Medicare ator from Florida. Senator from North Carolina (Mr. must be modernized, and our long-term Mr. GRAHAM. Reserving the right to HELMS) is necessarily absent. care system is in desperate need of re- The PRESIDING OFFICER. Are there form. object, and I will not object, I do object any other Senators in the Chamber de- Mr. President, I urge my colleagues to the statement just made that this siring to vote? to support this amendment and put us amendment provides that we will ei- The result was announced—yeas 73, back on the path to fiscal responsi- ther come into balance by reducing nays 26, as follows: bility. spending or increasing revenue. [Rollcall Vote No. 92 Leg.] The PRESIDING OFFICER. Who The PRESIDING OFFICER. Is there objection? YEAS—73 yields time in opposition? The Senator from Oklahoma is recog- Mr. GRAHAM. We do not have a Allard Dorgan McConnell Allen Durbin Miller nized. choice to let Social Security pay for it. Baucus Ensign Murkowski Mr. NICKLES. Mr. President, for the The PRESIDING OFFICER. Is there Bayh Enzi Murray information of the sponsors and my objection to the unanimous consent re- Bennett Feinstein Nelson (NE) Biden Fitzgerald Nickles colleagues, we could make a point of quest? The Chair hears none, and it is Bingaman Frist Reid order that this amendment is not ger- so ordered. Bond Gramm Roberts mane because it is not postcloture. I The question is on agreeing to the Breaux Grassley Rockefeller am not going to do that because I was Brownback Hagel Santorum motion to table amendment No. 3372. Bunning Harkin Sessions informed they were going to have the The yeas and nays have been ordered. Burns Hatch Shelby same thing offered to the underlying The clerk will call the roll. Byrd Hutchinson Smith (NH) bill. I think it is in the interest of Sen- The legislative clerk called the roll. Campbell Hutchison Smith (OR) ators to conclude the bill, and the best Cantwell Inhofe Specter Mr. NICKLES. I announce that the way is to table this amendment. This Carper Jeffords Stabenow Senator from North Carolina (Mr. Chafee Johnson Stevens amendment is not germane HELMS) is necessarily absent. Cleland Kohl Thomas postcloture. Cochran Kyl Thompson I happen to be on the Finance Com- The PRESIDING OFFICER. Are there Conrad Landrieu Thurmond any other Senators in the Chamber de- Craig Levin Voinovich mittee. All Democrats and Republicans Crapo Lincoln Warner had chances to offer tax increases, and siring to vote? Daschle Lott Wyden this amendment says don’t let this bill The result was announced—yeas 70, DeWine Lugar nays 29, as follows: Domenici McCain take effect in any of the tax provisions until we have tax increases enacted [Rollcall Vote No. 93 Leg.] NAYS—26 into law. I think that is ridiculous. It Akaka Feingold Mikulski YEAS—70 Boxer Graham Nelson (FL) is a good way to kill the provisions Akaka Edwards Murkowski Carnahan Gregg Reed that the Senator from Montana and Allard Ensign Nelson (NE) Clinton Hollings Sarbanes the Senator from Iowa worked to put Allen Enzi Nickles Collins Inouye Schumer in the bill. Baucus Fitzgerald Reid Corzine Kennedy Snowe Bayh Frist Roberts Dayton Kerry Torricelli Mr. President, I move to table this Bennett Grassley Rockefeller Dodd Leahy Wellstone amendment and ask for the yeas and Bingaman Hagel Santorum Edwards Lieberman nays. Bond Hatch Schumer The PRESIDING OFFICER. Is there a Breaux Hutchinson Sessions NOT VOTING—1 Brownback Hutchison Shelby Helms sufficient second? Bunning Inhofe Smith (NH) There is a sufficient second. Burns Inouye Smith (OR) The motion was agreed to. The yeas and nays were ordered. Byrd Jeffords Snowe Mr. REID. Mr. President, this should Mr. REID. Mr. President, is there Campbell Johnson Specter be the last amendment prior to final Carnahan Kohl Stevens time remaining on the amendment? Cleland Kyl Thomas passage. The PRESIDING OFFICER (Mr. DAY- Cochran Landrieu Thompson AMENDMENT NO. 3372 TON). All time has expired. Collins Leahy Thurmond Craig Lieberman Torricelli The PRESIDING OFFICER. At this Mr. REID. Mr. President, I ask unan- Crapo Lincoln Voinovich time, there are 2 minutes, evenly di- imous consent that upon disposition of Daschle Lott Warner vided, with respect for amendment No. all amendments—the list is already be- DeWine Lugar Wyden 3372, offered by Senator GRAHAM of fore the Senate—the substitute amend- Domenici McConnell Dorgan Miller Florida. ment, as amended, be agreed to; that The Senator from Florida. the bill, as amended, be read a third NAYS—29 Mr. GRAHAM. Mr. President, I yield time; that the Senate then proceed to Biden Durbin Levin my time to the Senator from Wis- Calendar No. 145, H.R. 4, the House- Boxer Feingold McCain Cantwell Feinstein consin, Mr. FEINGOLD. passed energy bill; that all after the Mikulski Carper Graham Murray The PRESIDING OFFICER. The Sen- enacting clause be stricken, and the Chafee Gramm Nelson (FL) ator from Wisconsin is recognized. text of S. 517, as amended, be inserted Clinton Gregg Reed Mr. FEINGOLD. Mr. President, I rise in lieu thereof; that the bill be ad- Conrad Harkin Sarbanes Corzine Hollings Stabenow in support of the amendment offered by vanced to third reading; that the Sen- Dayton Kennedy Wellstone the senior Senator from Florida. As we ate proceed to a vote on passage of the Dodd Kerry

VerDate 11-MAY-2000 06:52 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.096 pfrm12 PsN: S25PT1 S3394 CONGRESSIONAL RECORD — SENATE April 25, 2002 NOT VOTING—1 The amendment (No. 3239) was agreed reductions of greenhouse gas emis- Helms to. sions. The motion was agreed to. Mr. HAGEL. Mr. President, with the That registry was supported by a Mr. REID. Mr. President, I move to adoption of this amendment, the Sen- wide cross-section of American indus- reconsider the vote, and I move to lay ate has affirmed its commitment to try, the very entities who would be that motion on the table. dealing with the reporting of green- participating in such a registry. I have The motion to lay on the table was house gases in a voluntary, incentive- included a copy of an April 16 letter agreed to. based manner. sent to all Senators and ask unanimous AMENDMENT NO. 3239 This amendment provides for a vol- consent that it be printed in the The PRESIDING OFFICER. The untary registry for the reductions in RECORD immediately following my re- pending business is the Brownback greenhouse gas emissions. Under this marks. The PRESIDING OFFICER. Without amendment No. 3239. type of provision, industries will have objection, it is so ordered. Mr. BINGAMAN. I suggest the Sen- an opportunity to record reductions (See Exhibit 1.) ator from New Jersey and the Senator made in their emissions and receive credit for those reductions. Mr. HAGEL. This amendment could from Kansas be allowed to explain that provide an alternative structure for a amendment. The legislative record should clearly note that the provisions creating the voluntary registry for consideration in The PRESIDING OFFICER. There the conference committee. It was cre- are 2 minutes equally divided. mandatory reporting of greenhouse gases originally contained in the un- ated in consultation with many other Mr. BROWNBACK. Mr. President, Senators and reflects the expertise of this is a compromise approach on a derlying legislation will no longer take effect unless the voluntary registry their input. very difficult issue. It involves taking It is a workable framework for a reg- does not achieve a critical mass of par- out the underlying language on the CO2 istry that would be robust and gain the ticipation. If the voluntary registry registry. It will put in place a 5-year greatest and most meaningful partici- system generates sufficient participa- voluntary program on registering of pation from American industry. This, tion, the mandatory reporting of green- CO2 emissions. After that period of after all, should be our goal in the final house gas emissions will never take ef- time, if 60 percent are not reported, it outcome. does put in place a trigger mechanism, fect. I appreciate the work of the sponsors This amendment is not without prob- a mandatory reporting, unless there is of the amendment just adopted in put- an affirmative vote by this body which lems, nor do I believe it is the best way ting the Senate on record in favor of is required in the bill to remove that to achieve robust participation in a dealing with the reporting of green- reporting requirement. voluntary registry. It contains several house gas emissions in a voluntary It is a bipartisan approach. It is a impediments that should be addressed manner. And I look forward to the con- compromise approach on a tough topic. in conference. ference committee improving upon the It is voluntary. It is market oriented. The memorandum of agreement does work begun in the Senate to provide It provides companies a way to limit not clearly spell out the roles of the for the implementation of a voluntary various federal agencies in the execu- their risk and exposure on CO2 issues of greenhouse gas emissions registry. tion of the duties proscribed. This is anything that might happen in the fu- EXHIBIT 1 ture and provides a registry for compa- particularly troublesome for a vol- untary registry. Those entities wishing April 16, 2002. nies that want to voluntarily step for- Hon. THOMAS A. DASCHLE, to participate need the greatest clarity ward and work to reduce those CO2 U.S. Senate, Senate Hart Office Building, emissions. They may want to put in a and certainty in order to have the Washington, DC. new powerplant that is coal fired to greatest incentive to participate. Lack DEAR SENATOR DASCHLE: We write to en- of certainty creates a disincentive and courage your support for a draft amendment protect themselves for CO2 exposures. This is a tough and complex topic. I should be addressed in conference. to the Energy Bill that proposes substantial improvements to Title XI, including the es- think we have struck the right balance There are onerous civil penalties con- tained is this amendment that should tablishment of a more effective national reg- with this amendment. I urge my col- istry of greenhouse gas emissions and a more leagues to vote for it. be removed. Greater baseline protec- practical framework encouraging further The PRESIDING OFFICER. Who tion needs to be provided to ensure en- voluntary efforts to reduce those emissions yields time in opposition? tities participating gain the rightful without harming our economy, our workers Mr. BINGAMAN. Mr. President, I ask recognition for their efforts. or our communities. unanimous consent the Senator from Furthermore, I hope the conference Without the needed changes, Title XI of the Energy Bill would impose an unneces- New Jersey be given a minute to ex- will address the fundamental question of whether any ‘‘trigger’’ is necessary. sary federal mandate to track and report plain his perspective. greenhouse gas emissions on large and small The PRESIDING OFFICER. Without The mandatory reporting of green- businesses, as well as farmers, ranchers, objection, it is so ordered. house gas emissions has no true pur- some hospitals, universities, school systems Mr. CORZINE. Mr. President, we pose. We already garner information on and more. And yet, the intent of this costly want to make sure in this compromise the totality of U.S. emissions through and burdensome mandate is redundant. The amendment that the perfect not be the annual inventories established within federal government, without any federal enemy of the good. This is not every- and reported by the Energy Informa- mandate, already compiles an annual inven- tion Administration and the Environ- tory of greenhouse gas emissions in compli- thing anyone would want, but we have ance with our national commitment to the struck a compromise with voluntary mental Protection Agency. The only ratified UN Framework Convention on Cli- reporting requirements and database purpose for the mandatory reporting of mate Change. buildup and recognition of actions by greenhouse gas emissions is to create The draft amendment would establish a new and enhanced system to report and industry to control CO2. We will look the mechanism for the regulation of at it in 5 years. carbon dioxide. This option has been verify actions taken to reduce or avoid If the threshold is not met, manda- dismissed by the current Administra- greenhouse gas emissions and provide trans- tion, and I would hope the final legisla- ferable credits to persons who do. By offering tory requirements will come into play. appropriate recognition of actions taken, the This is an outstanding compromise tion does not create a mechanism to amendment will provide powerful incentives where people worked very hard on a help bring this about in the future. to participate without harming the econ- complex issue to get to a bipartisan Numerous other options for struc- omy, all the while strengthening our na- middle ground. I hope we will all sup- turing a voluntary greenhouse gas tional climate policy strategy. port it. emissions registry were discussed dur- The draft amendment provides a construc- Mr. BINGAMAN. I think it is appro- ing the discourse on Title XI of this tive, achievable and effective strategy to strengthen and improve the voluntary re- legislation. Senator VOINOVICH and I of- priate to dispose of this amendment by porting of greenhouse gas emissions and the voice vote. fered an amendment on April 18, 2002. reporting of actions taken to reduce or avoid The PRESIDING OFFICER. The It would have established a new and en- those emissions. We encourage you to sup- question is on agreeing to amendment hanced national greenhouse gas reg- port the amendment and work with Senators No. 3239. istry to record and recognize voluntary of both parties to secure its adoption.

VerDate 11-MAY-2000 06:52 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.061 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3395 Thank you for your consideration of our which would have provided a much ‘‘(I) generates at least 0.5 kilowatt of elec- views. While we have some additional con- more robust voluntary reporting pro- tricity using an electrochemical process, and cerns regarding the policy provisions of the gram with a transferable credit pro- ‘‘(II) has an electricity-only generation ef- bill, especially those provisions that appear gram and baseline protection. This ficiency greater than 30 percent. to call for a target and a timetable, we are ‘‘(ii) LIMITATION.—In the case of qualified hopeful these issues will be resolved prior to would have provided a clear incentive fuel cell property placed in service during final passage of the bill. In the meantime, we to encourage maximum participation. the taxable year, the credit determined look forward to working with you on devel- The approach that Senator HAGEL under paragraph (1) for such year with re- oping an effective climate policy strategy as and I took in our amendment would spect to such property shall not exceed an part of our national energy policy. have accomplished three key objec- amount equal to the lesser of— Sincerely, tives: (1) It will help us get the full pic- ‘‘(I) 30 percent of the basis of such prop- Alliance of Automobile Manufacturers, ture on climate change with real incen- erty, or American Architectural Manufacturers ‘‘(II) $500 for each 0.5 kilowatt of capacity Association, American Boiler Manufac- tives for voluntary participation in the of such property. turers Assn, American Farm Bureau registry; (2) It will make sure that pic- ‘‘(iii) FUEL CELL POWER PLANT.—The term Federation, American Highway Users ture reflects what is really happening ‘fuel cell power plant’ means an integrated Alliance, by providing for accurate measurement system comprised of a fuel cell stack assem- American Iron and Steel Institute, and verification of emission reduc- bly and associated balance of plant compo- American Petroleum Institute, Amer- tions, and (3) It is forward looking be- nents that converts a fuel into electricity ican Portland Cement Alliance, Amer- cause it creates a process for estab- using electrochemical means. ‘‘(iv) TERMINATION.—Such term shall not ican Public Power Association, Amer- lishing transferable credits that can be ican Textile Manufacturers Institute, include any property placed in service after Associated General Contractors of St. used in voluntary transactions for any December 31, 2007. Louis, Associated Petroleum Industries future potential regulatory program. ‘‘(B) QUALIFIED MICROTURBINE PROPERTY.— of Pennsylvania, Association of Amer- Unfortunately, due to cloture limita- ‘‘(i) IN GENERAL.—The term ‘‘qualified ican Railroads, Automotive Parts Re- tions, the Senate ran out of time to microturbine property’ means a stationary builders Association, Danville [IL] fully consider our amendment, yet I microturbine power plant which has an elec- Area Chamber of Commerce, am pleased that Senators CORZINE and tricity-only generation efficiency not less than 26 percent at International Standard Edison Electric Institute, Gas Appliance BROWNBACK adopted our idea of a vol- Organization conditions. Manufacturers Association, Greater untary registry to replace the overly Bristol [CT] Chamber of Commerce, ‘‘(ii) LIMITATION.—In the case of qualified Greater Cincinnati Chamber of Com- burdensome mandatory program con- microturbine property placed in service dur- merce, Greater Merced [CA] Chamber tained in the original bill. At this point ing the taxable year, the credit determined of Commerce, in time I do not think it is wise public under paragraph (1) for such year with re- Greater Victoria [TX] Chamber of Com- policy to mandate the reporting of spect to such property shall not exceed an merce, Idaho Mining Association, Illi- greenhouse gases, and I am pleased amount equal to the lesser of— nois Valley Area Chamber of Com- that the Senate agrees with this point. ‘‘(I) 10 percent of the basis of such prop- merce & Economic Development, In- erty, or AMENDMENT NO. 3146, WITHDRAWN tegrity Research Institute, IPC—The ‘‘(II) $200 for each kilowatt of capacity of Association Connecting Electronic In- Mr. BINGAMAN. Mr. President, I ask such property. dustries, unanimous consent amendment No. ‘‘(iii) STATIONARY MICROTURBINE POWER Kansas Petroleum Council, Leavenworth- 3146 be withdrawn. PLANT.—The term ‘stationary microturbine Lansing [KS] Area Chamber of Com- The PRESIDING OFFICER. Without power plant means a system comprising of a merce, Lorain [OH] County Chamber of objection, it is so ordered. rotary engine which is actuated by the aero- Commerce, Louisiana Association of The amendment (No. 3146) was with- dynamic reaction or impulse or both on ra- Business and Industry, Metropolitan drawn. dial or axial curved full-circumferential-ad- Evansville [IN] Chamber of Commerce, mission airfoils on a central axial rotating AMENDMENT NO. 3355, AS MODIFIED spindle. Such system— Naperville [IL] Area Chamber of Com- Mr. BINGAMAN. I ask unanimous merce, National Association of Manu- ‘‘(I) commonly includes an air compressor, facturers, National Mining Associa- consent amendment No. 3355 be modi- combustor, gas pathways which lead com- tion, National Rural Electric Coopera- fied to reflect changes to the fuel cell pressed air to the combustor and which lead tive Association, National Society of credit adopted as part of the amend- hot combusted gases from the combustor to Professional Engineers, ment by Senator MURRAY earlier this 1 or more rotating turbine spools, which in Nuclear Energy Institute, O’Fallen [IL] afternoon. turn drive the compressor and power output Chamber of Commerce, Salt Institute, The PRESIDING OFFICER. Without shaft, ‘‘(II) includes a fuel compressor, South Dakota Farm Bureau Federa- objection, it is so ordered. The amend- tion, Texas Association of Business and recuperator/regenerator, generator or alter- ment will be so modified. nator, integrated combined cycle equipment, Chambers of Commerce, The amendment (No. 3355), as modi- The Siouxland [IA] Chamber of Com- cooling-heating-and-power equipment, sound merce, U.S. Chamber of Commerce, fied, is as follows: attenuation apparatus, and power condi- Utah Rural Telecom Association, Wis- In Division H, beginning on page 103, line 1, tioning equipment, and consin Grocers Association. strike all through page 105, line 12, and in- ‘‘(III) includes all secondary components located between the existing infrastructure Mr. VOINOVICH. Mr. President, I sert the following: SEC. 2104. CREDIT FOR BUSINESS INSTALLATION for fuel delivery and the existing infrastruc- rise today to speak on the Corzine/ OF QUALIFIED FUEL CELLS AND ture for power distribution, including equip- Brownback amendment No. 3239. This STATIONARY MICROTURBINE ment and controls for meeting relevant amendment replaces the existing lan- POWER PLANTS. power standards, such as voltage, frequency, guage in Title 11 which would have cre- (a) IN GENERAL.—Subparagraph (A) of sec- and power factors. ated a mandatory registry for the re- tion 48(a)(3) (defining energy property) is ‘‘(iv) TERMINATION.—Such term shall not porting of greenhouse gases and re- amended by striking ‘‘or’’ at the end of include any property placed in service after places it with a voluntary program. I clause (i), by adding ‘‘or’’ at the end of December 31, 2006.’’. am pleased that the Senate has re- clause (ii), and by inserting after clause (ii) (c) LIMITATION.—Section 48(a)(2)(A) (relat- the following new clause: ing to energy percentage) is amended to read jected the concept of mandating green- ‘‘(iii) qualified fuel cell property or quali- as follows: house gas reports at this time. While fied microturbine property,’’. ‘‘(A) IN GENERAL.—The energy percentage the amendment does contain language (b) QUALIFIED FUEL CELL PROPERTY; QUALI- is— which would trigger compulsory re- FIED MICROTURBINE PROPERTY.—Subsection ‘‘(i) in the case of qualified fuel cell prop- porting in five years if sixty percent of (a) of section 48 is amended by redesignating erty, 30 percent, and the national aggregate anthropogenic paragraphs (4) and (5) as paragraphs (5) and ‘‘(ii) in the case of any other energy prop- greenhouse gases are not represented (6), respectively, and by inserting after para- erty, 10 percent.’’. on the voluntary registry, we do not graph (3) the following new paragraph: (d) CONFORMING AMENDMENTS.— expect this trigger to ever be activated ‘‘(4) QUALIFIED FUEL CELL PROPERTY; QUALI- (A) Section 29(b)(3)(A)(i)(III) is amended by FIED MICROTURBINE PROPERTY.—For purposes striking ‘‘section 48(a)(4)(C)’’ and inserting since presently thirty percent of the of this subsection— ‘‘section 48(a)(5)(C)’’. gases are already reporting under the ‘‘(A) QUALIFIED FUEL CELL PROPERTY.— (B) Section 48(a)(1) is amended by inserting Clean Air Act by the utility sector. ‘‘(i) IN GENERAL.—The term ‘qualified fuel ‘‘except as provided in subparagraph (A)(ii) I had joined with Senator HAGEL in cell property’ means a fuel cell power plant or (B)(ii) of paragraph (4),’’ before ‘‘the en- offering an alternative amendment that— ergy’’.

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(e) EFFECTIVE DATE.—The amendments ‘‘(A) IN GENERAL.—In the case of facility AMENDMENT NO. 3362 made by this subsection shall apply to prop- for producing liquid, gaseous, or solid fuels (Purpose: To amend the Internal Revenue erty placed in service after December 31, from qualified agricultural and animal Code to modify the definition of Rural Air- 2002, under rules similar to the rules of sec- wastes, including such fuels when used as port) tion 48(m) of the Internal Revenue Code of feedstocks, which was placed in service after At the appropriate place insert the fol- 1986 (as in effect on the day before the date the date of the enactment of this subsection lowing: of the enactment of the Revenue Reconcili- and before January 1, 2005, this section shall ation Act of 1990). apply with respect to fuel produced at such SEC. ll. MODIFICATION OF RURAL AIRPORT DEFINITION. facility not later than the close of the 3-year Mr. BINGAMAN. I also ask unani- (a) IN GENERAL.—Clause (ii) of section period beginning on the date such facility is mous consent that the Senator from 4261(e)(1)(B) (defining rural airport) is placed in service. New Jersey, Mr. TORRICELLI, be listed amended by striking the period at the end of ‘‘(B) QUALIFIED AGRICULTURAL AND ANIMAL subclause (II) and inserting ‘‘, or’’ and by as a cosponsor of the amendment. WASTE.—For purposes of this paragraph, the adding at the end the following new sub- The PRESIDING OFFICER. Without term ‘qualified agricultural and animal clause: objection, it is so ordered. waste’ means agriculture and animal waste, ‘‘(III) is not connected by paved roads to including by-products, packaging, and any AMENDMENTS NOS. 3343, 3344, 3362, 3363, 3346, AS another airport.’’ materials associated with the processing, MODIFIED, 3335, AS MODIFIED, 3364, 3360, AND (b) EFFECTIVE DATE.—The amendments feeding, selling, transporting, or disposal of 3355, AS MODIFIED, EN BLOC made by this section shall apply to calendar agricultural or animal products or wastes, Mr. BINGAMAN. I ask unanimous years beginning after 2002. consent that notwithstanding rule including wood shavings, straw, rice hulls, and other bedding for the disposition of ma- AMENDMENT NO. 3363 XXII, the following amendments be nure. agreed to en bloc and the motion to re- (Purpose: To amend the Internal Revenue consider be laid on the table. The AMENDMENT NO. 3344 Code to exempt small seaplanes from tick- amendments are as follows: Nos. 3343, (Purpose: To amend the Internal Revenue et taxes) 3344, 3362, 3363, 3346, as Modified, 3335, Code of 1986 to clarify excise tax exemp- At the appropriate place insert the fol- as Modified, 3364, 3360, and 3355, as tions for agricultural aerial applicators) lowing: modified. In Division H, on page 216, after line 21, add SEC. ll. EXEMPTION FROM TICKET TAXES FOR the following: TRANSPORTATION PROVIDED BY Mr. MCCAIN. Reserving the right to SEA PLANES. object, would the Senator explain what SEC. ll. CLARIFICATION OF EXCISE TAX EXEMP- TIONS FOR AGRICULTURAL AERIAL (a) The taxes imposed by sections 4261 and amendment No. 3346 is? APPLICATORS. 4271 shall not apply to transportation by a Mr. BINGAMAN. This is an amend- (a) NO WAIVER BY FARM OWNER, TENANT, OR seaplane with respect to any segment con- ment by Senator KOHL. I can get the OPERATOR NECESSARY.—Subparagraph (B) of sisting of a takeoff from, and a landing on, description in a minute on the precise section 6420(c)(4) (relating to certain farming water. provisions. There is credit for elec- use other than by owner, etc.) is amended to (b) EFFECTIVE DATE.—The amendment tricity produced from municipal bio- read as follows: made by this section shall apply to calendar ‘‘(B) if the person so using the gasoline is years beginning after 2002. solids and recycled sludge. an aerial or other applicator of fertilizers or Mr. MCCAIN. Electricity manufac- other substances and is the ultimate pur- AMENDMENT NO. 3346 tured from biosolids? chaser of the gasoline, then subparagraph (A) (Purpose: To modify the credit for the pro- Mr. BINGAMAN. Produced from mu- of this paragraph shall not apply and the duction of electricity to include municipal nicipal biosolids and recycled sludge. aerial or other applicator shall be treated as biosolids and recycled sludge) having used such gasoline on a farm for Mr. MCCAIN. Municipal biosolids? On page 17, between lines 8 and 9, insert farming purposes.’’. Mr. BINGAMAN. I am sure the Sen- the following: ator from Arizona is very familiar with (b) EXEMPTION INCLUDES FUEL USED BE- TWEEN AIRFIELD AND FARM.—Section SEC. ll. CREDIT FOR ELECTRICITY PRODUCED biosolids. 6420(c)(4), as amended by subsection (a), is FROM MUNICIPAL BIOSOLIDS AND Mr. MCCAIN. Could I ask the man- amended by adding at the end the following RECYCLED SLUDGE. ager a question? I understand we have new flush sentence: (a) IN GENERAL.—Section 45(c)(1) (defining tax credit for chicken litter, biowaste. qualified energy resources), as amended by ‘‘For purposes of this paragraph, in the case this Act, is amended by striking ‘‘and’’ at Excuse me? Bovine, pig, dead animal, of an aerial applicator, gasoline shall be the end of subparagraph (F), by striking the and now biosolids; is that correct? treated as used on a farm for farming pur- period at the end of subparagraph (G), and by Mr. BINGAMAN. We thought it was poses if the gasoline is used for the direct adding at the end the following new subpara- only fair. flight between the airfield and 1 or more graphs: farms.’’. Mr. MCCAIN. I don’t want to hold up ‘‘(H) municipal biosolids, and (c) EXEMPTION FROM TAX ON AIR TRANSPOR- ‘‘(I) recycled sludge.’’. the Senate, but what about man’s best TATION OF PERSONS FOR FORESTRY PURPOSES (b) QUALIFIED FACILITIES.—Section 45(c)(3) friend, the dog? What about the pigeon, EXTENDED TO FIXED-WING AIRCRAFT.—Sub- the noble pigeon? section (f) of section 4261 (relating to tax on (relating to qualified facility), as amended Mr. BINGAMAN. If the Senator has air transportation of persons) is amended to by this Act, is amended by adding at the end the following new subparagraphs: an amendment. read as follows: ‘‘(f) EXEMPTION FOR CERTAIN USES.—No tax ‘‘(G) MUNICIPAL BIOSOLIDS FACILITY.—In the Mr. MCCAIN. Should there be some shall be imposed under subsection (a) or (b) case of a facility using municipal biosolids consideration of these? Shouldn’t they on air transportation— to produce electricity, the term ‘qualified fa- make a deposit to reduce our energy ‘‘(1) by helicopter for the purpose of trans- cility’ means any facility owned by the tax- requirements? porting individuals, equipment, or supplies payer which is originally placed in service Mr. BINGAMAN. We would be glad to in the exploration for, or the development or after December 31, 2001, and before January consider any germane amendment the removal of, hard minerals, oil, or gas, or 1, 2007. Senator would like to call up. ‘‘(2) by helicopter or by fixed-wing aircraft ‘‘(H) RECYCLED SLUDGE FACILITY.— for the purpose of the planting, cultivation, ‘‘(i) IN GENERAL.—In the case of a facility Mr. MCCAIN. I thank the sponsor for using recycled sludge to produce electricity, that consideration. cutting, or transportation of, or caring for, trees (including logging operations), the term ‘qualified facility’ means any facil- The PRESIDING OFFICER. Without but only if the helicopter or fixed-wing air- ity owned by the taxpayer which is origi- objection, it is so ordered. craft does not take off from, or land at, a fa- nally placed in service before January 1, 2007. The amendments (Nos. 3343, 3344, cility eligible for assistance under the Air- ‘‘(ii) SPECIAL RULE.—In the case of a quali- 3362, 3363, 3346, 3335, and 3360) were port and Airway Development Act of 1970, or fied facility described in clause (i), the 10- agreed to, as follows: otherwise use services provided pursuant to year period referred to in subsection (a) shall be treated as beginning no earlier than the AMENDMENT NO. 3343 section 44509 or 44913(b) or subchapter I of chapter 471 of title 49, United States Code, date of the enactment of this subpara- (Purpose: To modify the credit for the pro- during such use. In the case of helicopter graph.’’. duction of fuel from nonconventional transportation described in paragraph (1), (c) DEFINITIONS.—Section 45(c), as amended sources to include production of fuel from this subsection shall be applied by treating by this Act, is amended by redesignating agricultural and animal waste) each flight segment as a distinct flight.’’. paragraph (8) as paragraph (10) and by insert- In Division H, on page 202, between lines 17 (d) EFFECTIVE DATE.—The amendments ing after paragraph (7) the following new and 18, insert the following: made by this section shall apply to fuel use paragraphs: ‘‘(5) FACILITIES PRODUCING FUELS FROM AG- or air transportation after December 31, 2001, ‘‘(8) MUNICIPAL BIOSOLIDS.—The term ‘mu- RICULTURAL AND ANIMAL WASTE.— and before January 1, 2003. nicipal biosolids’ means the residue or solids

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removed by a municipal wastewater treat- ‘‘(f) BASIS REDUCTION.— ADOPTION OF AMENDMENTS NOS. 3059 AND 3258 ment facility. ‘‘(1) IN GENERAL.—For purposes of this VITIATED ‘‘(9) RECYCLED SLUDGE.— title, the basis of any property shall be re- Mr. BINGAMAN. I ask unanimous ‘‘(A) IN GENERAL.—The term ‘recycled duced by the amount of the deduction with consent the adoption of the amend- sludge’ means the recycled residue byproduct respect to such property which is allowed by ments numbered 3059 and 3258 be viti- created in the treatment of commercial, in- subsection (a). dustrial, municipal, or navigational waste- ‘‘(2) ORDINARY INCOME RECAPTURE.—For ated. water. purposes of section 1245, the amount of the The PRESIDING OFFICER. Without ‘‘(B) RECYCLED.—The term ‘recycled’ deduction allowable under subsection (a) objection, it is so ordered. means the processing of residue into a mar- with respect to any property that is of a AMENDMENT NO. 3380 ketable product, but does not include incin- character subject to the allowance for depre- Mr. BINGAMAN. I ask unanimous eration for the purpose of volume reduc- ciation shall be treated as a deduction al- consent that the amendment numbered tion.’’. lowed for depreciation under section 167. (e) EFFECTIVE DATE.—The amendments ‘‘(g) TERMINATION.—This section shall not 3380 be in order notwithstanding rule made by this section shall apply to elec- apply to any property placed in service after XXII; that the amendment numbered tricity sold after the date of the enactment December 31, 2007.’’. 3380 be agreed to, and the motion to re- of this Act, in taxable years ending after (b) CONFORMING AMENDMENTS.— consider be laid on the table. such date. (1) Section 263(a)(1), as amended by this The PRESIDING OFFICER. Without Act, is amended by striking ‘‘or’’ at the end objection, it is so ordered. AMENDMENT NO. 3335 of subparagraph (J), by striking the period at The amendment (No. 3380) was agreed (Purpose: To amend the Internal Revenue the end of subparagraph (K) and inserting ‘‘, Code of 1986 to extend the credit for the or’’, and by inserting after subparagraph (K) to. production of fuel from nonconventional the following new subparagraph: (The text of the amendment is print- sources with respect to certain existing fa- ‘‘(L) expenditures for which a deduction is ed in today’s RECORD under ‘‘Text of cilities) allowed under section 179E.’’. Amendments.’’) In Division H, on page 202, between lines 22 (2) Section 312(k)(3)(B), as amended by this AMENDMENTS NOS. 3196 AND 3209, AS MODIFIED and 23, insert the following: Act, is amended by striking ‘‘or 179D’’ each Mr. BINGAMAN. Mr. President, I ask (b) EXTENSION FOR CERTAIN FUEL PRODUCED place it appears in the heading and text and inserting ‘‘, 179D, or 179E’’. unanimous consent that notwith- AT EXISTING FACILITIES.—Paragraph (2) of standing rule XXII, it now be in order section 29(f) (relating to application of sec- (3) Section 1016(a), as amended by this Act, tion) is amended by inserting ‘‘(January 1, is amended by striking ‘‘and’’ at the end of to consider the amendments numbered 2005, in the case of any coke, coke gas, or paragraph (34), by striking the period at the 3196 and 3209; that the amendments be natural gas and byproducts produced by coal end of paragraph (35) and inserting ‘‘, and’’, modified by the changes at the desk, gasification from lignite in a facility de- and by adding at the end the following new the amendments be agreed to, and the scribed in paragraph (1)(B))’’ after ‘‘January paragraph: motion to reconsider be laid upon the 1, 2003’’. ‘‘(36) to the extent provided in section table. 179E(f)(1).’’. The PRESIDING OFFICER. Without AMENDMENT NO. 3360 (4) Section 1245(a), as amended by this Act, objection, it is so ordered. (Purpose: To provide incentives for water is amended by inserting ‘‘179E,’’ after conservation through the installation of ‘‘179D,’’ both places it appears in paragraphs The amendments (Nos. 3196 and 3209), water submeters) (2)(C) and (3)(C). as modified, were agreed to, as follows: In Division H, on page 137, between lines 7 (5) The table of contents for subpart B of AMENDMENT NO. 3196 and 8, insert the following: part IV of subchapter A of chapter 1, as (Purpose: To express the sense of the Senate amended by this Act, is amended by insert- SEC. ll. ALLOWANCE OF DEDUCTION FOR concerning electric power transmission QUALIFIED NEW OR RETROFITTED ing after the item relating to section 179D systems) WATER SUBMETERING DEVICES. the following new item: In the appropriate place in subtitle A of (a) IN GENERAL.—Part VI of subchapter B ‘‘Sec. 179E. Deduction for qualified new or title II, insert the following: of chapter 1 (relating to itemized deductions retrofitted water submetering SEC. 2. ELECTRIC POWER TRANSMISSION SYS- for individuals and corporations), as amend- devices.’’. ed by this Act, is amended by inserting after TEMS. section 179D the following new section: (c) EFFECTIVE DATE.—The amendments The Federal Government should be atten- made by this section shall apply to qualified ‘‘SEC. 179E. DEDUCTION FOR QUALIFIED NEW OR tive to electric power transmission issues, RETROFITTED WATER SUB- water submetering devices placed in service including issues that can be addressed METERING DEVICES. after the date of the enactment of this Act, through policies that facilitate investment ‘‘(a) ALLOWANCE OF DEDUCTION.—In the in taxable years ending after such date. in, the enhancement of, and the efficiency of case of a taxpayer who is an eligible resup- SEC. ll. THREE-YEAR APPLICABLE RECOVERY electric power transmission systems. plier, there shall be allowed as a deduction PERIOD FOR DEPRECIATION OF QUALIFIED WATER SUBMETERING an amount equal to the cost of each qualified AMENDMENT NO. 3209 DEVICES. water submetering device placed in service (a) IN GENERAL.—Subparagraph (A) of sec- (Purpose: To carry out pilot programs that during the taxable year. tion 168(e)(3) (relating to classification of aid accurate carbon storage and sequestra- ‘‘(b) MAXIMUM DEDUCTION.—The deduction property) is amended by striking ‘‘and’’ at tion accounting) allowed by this section with respect to each the end of clause (iii), by striking the period qualified water submetering device shall not On page 487, between lines 18 and 19, insert at the end of clause (iv) and inserting ‘‘, exceed $30. the following: and’’, and by adding at the end the following ‘‘(c) ELIGIBLE RESUPPLIER.—For purposes SEC. 13. CARBON STORAGE AND SEQUESTRATION of this section, the term ‘eligible resupplier’ new clause: ACCOUNTING RESEARCH. means any taxpayer who purchases and in- ‘‘(v) any qualified water submetering de- (a) IN GENERAL.—The Secretary of Agri- stalls qualified water submetering devices in vice.’’. culture, in collaboration with the heads of (b) DEFINITION OF QUALIFIED WATER SUB- every unit in any multi-unit property. other Federal agencies, shall conduct re- METERING DEVICE.—Section 168(i) (relating to ‘‘(d) QUALIFIED WATER SUBMETERING DE- search on, develop, and publish as appro- definitions and special rules), as amended by VICE.—The term ‘qualified water sub- priate, carbon storage and sequestration ac- metering device’ means any tangible prop- this Act, is amended by inserting at the end counting models, reference tables, or other erty to which section 168 applies if such the following new paragraph: tools that can assist landowners and others property is a submetering device (including ‘‘(16) QUALIFIED WATER SUBMETERING DE- in cost-effective and reliable quantification ancillary equipment)— VICE.—The term ‘qualified water sub- of the carbon release, sequestration, and ‘‘(1) which is purchased and installed by metering device’ means any qualified water storage expected to result from various re- the taxpayer to enable consumers to manage submetering device (as defined in section source uses, land uses, practices, activities their purchase or use of water in response to 179E(d)) which is placed in service before or forest, agricultural, or cropland manage- water price and usage signals, and January 1, 2008, by a taxpayer who is an eli- ment practices over various periods of time. ‘‘(2) which permits reading of water price gible resupplier (as defined in section (b) PILOT PROGRAMS.—The Secretary of Ag- and usage signals on at least a daily basis. 179E(c)).’’. riculture shall make competitive grants to (c) EFFECTIVE DATE.—The amendments ‘‘(e) PROPERTY USED OUTSIDE THE UNITED not more than 5 eligible entities to carry out made by this section shall apply to property STATES NOT QUALIFIED.—No deduction shall pilot programs to demonstrate and assess be allowed under subsection (a) with respect placed in service after the date of the enact- the potential for development and use of car- to property which is used predominantly ment of this Act, in taxable years ending bon inventories and accounting systems that outside the United States or with respect to after such date. can assist in developing and assessing carbon the portion of the cost of any property taken The amendments (Nos. 3364 and 3355) storage and sequestration policies and pro- into account under section 179. were agreed to. grams. Not later than 1 year after the date of

VerDate 11-MAY-2000 06:45 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.074 pfrm12 PsN: S25PT1 S3398 CONGRESSIONAL RECORD — SENATE April 25, 2002 enactment of this section, the Secretary of or sequestration, such as flood and ero- Service National Resources Inventory, Agriculture, in collaboration with the heads sion prevention, soil conservation, fer- the last being carried out in 1997. of other Federal agencies and with other in- tility and productivity improvements, Pilot State or multi-State areas terested parties, shall develop guidelines for improved water quality and manage- should not only be capable of carrying such pilot programs, including eligibility for out the research on a technical level, awards, application contents, reporting re- ment, protection and restoration of quirements, and mechanisms for peer review. ecosystems and habitat, and improved they should have demonstrated or be (c) REPORT.—Not later than 5 years after management of agricultural lands and interested in pursuing the kind of poli- the date of enactment of this section, the forests including reforestation prac- cies and programs to encourage envi- Secretary of Agriculture, in collaboration tices. It also would include information ronmentally beneficial carbon storage with the heads of other Federal agencies, for landowners and others on how to and sequestration practices that this shall submit to Congress a report on the assess the economic and financial costs amendment seeks to advance. This re- technical, institutional, infrastructure, de- and benefits of land uses that sequester search takes research and information sign and funding needs to establish and already available at different levels of maintain a national carbon storage and se- or store carbon. questration baseline and accounting system. If we make this investment now, government, and in many different The report shall include documentation of within the next 5 years we should be groups, and integrates it in a way that the results of each of the pilot programs. prepared to identify real incentives not we can develop and assess these means (d) AUTHORIZATION OF APPROPRIATIONS.— only for forest and agriculture but also of encouraging helpful practices. For the purposes of this section, there are for natural resources and land use The amendment calls for an approach authorized to be appropriated to the Sec- management which will show up also to carbon storage and sequestration ac- retary of Agriculture $20,000,000 for fiscal in our national accounts. I also antici- counting based on sound science. It is years 2003 through 2007. pate that some policy changes sup- our intention that the Peer Review Mr. WELLSTONE. Mr. President, I ported by this information may enable process called for in the amendment rise today to speak to an important our agriculture and forest sectors to would include public and private amendment on behalf of myself and realize an economic gain from the science and policy groups as well as by Senator WYDEN regarding carbon se- practices themselves. the user community. This peer review questration. The practices that will be encouraged is important particularly in regard to The Energy Policy Reform Act and by this amendment make good com- translating science into information in the debates we have had on it have mon sense and good economic sense. a form that provides easy access to sought to achieve an integration of en- The State of Minnesota, with its rich landowners to encourage them to con- ergy and environmental policy includ- forest and agricultural base and water sider environmentally beneficial car- ing new and far reaching provisions to resources, has a lot to lose from global bon storage and sequestration prac- help this nation meet its international warming. tices in their decision making. obligations to address global climate While we have much to lose, we also Eligible entities for the pilot pro- change. The amendment I propose have much we can contribute to reduc- gram grants would include land grant today with Senator WYDEN provides an ing the problem of global climate colleges or universities as defined both important complement to provisions in change and gain in the process. If done by the National Agricultural Research, S. 517, the Farm Bill that already properly, carbon storage and sequestra- Extension and Teaching Policy Act of passed the Senate, and the President’s tion offer a welcome opportunity to 1977 and tribal land grant institutions recent announced plans to address draw together the interests and talents established through the Equity in Edu- global climate change. These other of the environmental community, agri- cational Land Grant Status Act of 1994. provisions would advance research on culture, forest and timber products in- These research institutions, as well as carbon sequestration from the agri- dustries. Carbon sequestration is not others with demonstrated experience in culture and forest sectors, establish the only or even major answer to our the field should be included among the credible methods for measuring carbon challenges in addressing climate eligible entities as should state or sequestered for individual projects, and change, but it is an important com- state consortia or non-profits be con- create a national greenhouse gas emis- plement to other steps we must take to sidered for these grants, especially sions database and registry at the increase energy efficiency and con- since we want to see the results used to project level. servation, increase use of renewable move forward on the policy and pro- The amendment takes a comprehen- fuels and put in place an effective pro- gram front to encourage these prac- sive view of both carbon sequestration gram for greenhouse gas emissions con- tices. and carbon storage—beyond the project trol. The grant-eligible programs should level—to address what is happening This research must involve a wide also demonstrate that they would in- over time to release and sink carbon range of perspectives and interests. clude some means of ensuring the par- for the full range of land uses, manage- The Secretary of the Department of ticipation of governmental and non ment practices and natural resources. Agriculture is directed to work in col- governmental interests that would be The amendment creates a competitive laboration with other federal agencies, affected by the pilot program. grant pilot program for state and on all aspects of carrying out the pur- Carbon sequestration and storage po- multi-state areas in a range of regional poses of the amendment. These agen- tentially serve both environmental and forest, agriculture and ecosystem set- cies should include the Environmental economic interests. I have letters of tings. The purpose is to help us better Protection Agency, the National Aero- endorsement from the American Farm- understand what is needed for a na- nautics and Space Administration, the land Trust, the National Farmer’s tional carbon sequestration inventory Departments of Commerce, Energy, Union, The Institute for Agriculture and accounting system that would be and the Interior, as well as several and Trade Policy, Environmental De- credible and cost-effective. agencies within the Department of Ag- fense and Nature Conservancy, as well The amendment will enable us to as- riculture, including the Agricultural as from leading soil and forest sci- sess the overall effectiveness and po- Research Service, the Cooperative entists in Minnesota, Kansas, Ohio, and tential contributions of new programs State Research, Education and Exten- Oregon. Many others who are promi- and policies to encourage actions sion Service, the Forest Service, and nent in the environmental, agricul- which offer a broad range of benefits to the Natural Resources Conservation tural, forest, and research communities the environment. To do this, the Service. believe this amendment takes us in the amendment seeks to translate sci- Because forest and agriculture sec- right direction. entific information into easily under- tors play such a critical role in carbon AMENDMENT NO. 3230 stood means for landowners and others storage and sequestration, the pilot Mr. BINGAMAN. I ask unanimous to apply in making decisions on their areas should have a high percentage of consent, notwithstanding rule XXII, it current practices. This information land that is forest or cropland. The be in order to consider amendment No. will distinguish practices which offer U.S. Department of Agriculture al- 3230; that Senator CANTWELL and Sen- additional environmental benefits that ready tracks this information through ator SMITH of Oregon be added as co- may be associated with carbon storage its Natural Resources Conservation sponsors, the amendment be agreed to,

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.073 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3399 and the motion to reconsider be laid Mr. LEVIN. I move to lay that mo- provides a 10 percent tax credit for in- upon the table. tion on the table. vestment in ‘‘current-generation’’ The PRESIDING OFFICER. Without The motion to lay on the table was broadband services and a 20 percent objection, it is so ordered. agreed to. credit for investment in ‘‘next genera- The amendment (No. 3230) was agreed BROADBAND TAX CREDIT LEGISLATION tion’’ services. Current generation to, as follows: Mr. KENNEDY. Mr. President, a broadband is typically 5–20 times faster (Purpose: To provide additional borrowing number of us have come to the floor than conventional ‘‘dial-up’’ Internet authority for the construction, acquisi- today to discuss legislation to provide service and capable of transmitting tion, and replacement of the transmission tax incentives to accelerate text and photos very quickly. Current system of the Bonneville Power Adminis- ‘‘broadband’’ high-speed Internet ac- generation broadband can also trans- tration and to carry out other duties of the cess across the country. The wide- mit video imagery, but with low qual- Administrator of the Bonneville Power Ad- spread availability of broadband tech- ity. Next generation broadband is hun- ministration) nology is essential to ensuring the dreds of times faster than dial-up and On page 62, between lines 3 and 4, insert United States’ technological leadership transmits video imagery with great the following: in the world. We must make a commit- speed and clarity, making it ideal for SEC. 2ll. BONNEVILLE POWER ADMINISTRA- applications like telemedicine, dis- TION BONDS. ment to a national broadband policy and do it now. tance learning, and video conferencing. Section 13 of the Federal Columbia River In my home State of Massachusetts, Transmission System Act (16 U.S.C. 838k) is The reach of the information revolu- amended— tion to our Nation’s rural and urban I saw firsthand how these types of ad- (1) by striking the section heading and all underserved areas depends on afford- vanced Internet services transformed that follows through ‘‘(a) The Adminis- able Internet access. For far too long, the economy of the entire Berkshire trator’’ and inserting the following: these regions have found themselves County region. Like may rural areas ‘‘SEC. 13. BONNEVILLE POWER ADMINISTRATION disconnected from the information age across the Nation, the Berkshires were BONDS. because of their geography and high- considered to be too far away from the ‘‘(a) BONDS.— cost of service. One of our greatest Internet portals to interest providers. ‘‘(1) IN GENERAL.—The Administrator’’; and But business and Government leaders challenges for the future is to close the (2) by adding at the end the following: began an initiative called ‘‘Berkshire growing economic gap in access to ‘‘(2) ADDITIONAL BORROWING AUTHORITY.—In Connect,’’ that resulted in a partner- addition to the borrowing authority of the computers and the Internet. If we do ship with providers to build a multi- Administrator authorized under paragraph not act to close it now, this ‘‘digital di- million dollar network of microwave (1) or any other provision of law, an addi- vide’’ will become the opportunity of towers and fiber-optic lines linking the tional $1,300,000,000 is made available, to re- our time. main outstanding at any 1 time— Several policy initiatives have been county’s scenic villages and small cit- ‘‘(A) to provide funds to assist in financing proposed to stimulate broadband de- ies with fast Internet access. the construction, acquisition, and replace- The project put the Berkshires on an ployment including deregulation, com- ment of the transmission system of the Bon- equal footing with the rest of the glob- munity planning grants, and low-inter- neville Power Administration; and al marketplace, because the Internet ‘‘(B) to implement the authorities of the est loans to name a few. The broadband levels the playing field between large Administrator under the Pacific Northwest tax credit proposal is an important and small businesses and rural and Electric Power Planning and Conservation first step that has gained widespread Act (16 U.S.C. 839 et seq.).’’. urban areas. I am confident that pas- support in Congress because it provides sage of the broadband tax credit meas- AMENDMENT NO. 3366 tax credits to those who take ure will bring similar success stories Mr. REID. Mr. President, on the list, broadband to places where the market across the Nation like we have seen in it is my understanding the only re- is not taking it, both geographically the Berkshires for more residents and maining amendment is numbered 3366 and technologically. So we are here to businesses. offered by the Senator from Michigan, discuss the importance of that proposal The proposal provides $540 million in Mr. LEVIN. It has been cleared on this and of ensuring its passage this year. tax credits for broadband deployment side, and it has been cleared by Senator The Senator from West Virginia is to wire an estimated 5.4 million addi- HATCH from the Finance Committee. I the sponsor of the preeminent tional U.S. homes with current genera- ask if the amendment has been cleared broadband tax credit bill, the tion broadband and 700,000 more with by the managers of this bill. Broadband Internet Access Act, of next generation broadband. Today, 11 Mr. MURKOWSKI. Those have not which I am pleased to be an original million U.S. homes are wired with cur- been cleared on our side. cosponsor, as is my friend from Oregon. rent generation broadband and 340,000 Mr. REID. This is No. 3366 offered by Senator ROCKEFELLER had led the fight with next generation broadband. This Senator LEVIN. to bring broadband access to all Ameri- measure would increase those numbers Mr. MURKOWSKI. If the Senator will cans, and first introduced this bill by 50 percent and 200 percent respec- wait a moment, that was No. 3366? along with Senators Moynihan, KERRY, tively. Mr. REID. No. 3366. and others. He reintroduced the Senator SMITH and I filed this meas- Mr. BINGAMAN. Mr. President, I Broadband Internet Access Act, S. 88, ure as an amendment to the energy suggest the absence of a quorum. last year, and it has 64 cosponsors from legislation because we see a clear con- The PRESIDING OFFICER. The both sides of the aisle. A companion nection between Internet use and en- clerk will call the roll. bill in the House has 194 cosponsors. A ergy savings. One former Energy De- The legislative clerk proceeded to version of Senator ROCKEFELLER’s bill partment official has testified before call the roll. was reported out of the Senate Finance Congress that by reducing shopping Mr. REID. Mr. President, I ask unan- Committee as part of the stimulus trips and retail office space, e-com- imous consent the order for the package that was sent to the floor last merce was responsible for energy use quorum call be dispensed with. December. I commend my friend from staying flat in the last 1990s while the The PRESIDING OFFICER. Without West Virginia for his leadership on this economy was expanding sharply. And a objection, it is so ordered. and many other technology issues so number of studies have found that tele- Mr. MURKOWSKI. Mr. President, we important to our nation’s economy. commuting saves 1–2 percent of total cleared the pending amendment on our Senator SMITH and I have introduced annual gasoline consumption and has side. We have no objection. It is No. a measure very similar to Senator the potential to save more. Meanwhile, 3366. ROCKEFELLER’s bill as an amendment economists now recognize that tele- The PRESIDING OFFICER. The to the energy legislation now before commuters can avoid the ‘‘congestion question is on agreeing to the amend- this body. Under this proposal, any costs’’ which each additional driver im- ment. company providing the required level poses on others in terms of lost time The amendment (No. 3366) was agreed of service, whether by telephone, cable and excess fuel from sitting in traffic to. modem, terrestrial wireless, satellite, jams. Princeton Professor Paul Mr. REID. Mr. President, I move to or any other technology, would be eli- Krugman has estimated Atlanta’s con- reconsider the vote. gible to claim the credit. The proposal gestion cost at $3,500 a year for each

VerDate 11-MAY-2000 06:45 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.127 pfrm12 PsN: S25PT1 S3400 CONGRESSIONAL RECORD — SENATE April 25, 2002 additional driver. And associated sav- United States is now fourth in the The other thing I think we should ings come in the area of the environ- world in broadband deployment, behind mention is that in addition to eco- ment. A 1999 study by the International Korea, Canada, and Sweden. And others nomic benefits from this technology, Telework Association and Council may pass us soon. While only 10 per- there are other important societal ben- found that the average telecommuter cent of U.S. households have broadband efits. For example, telemedicine. I’m saves 28.5 pounds of pollution emissions access, some 20 percent of homes in happy to say that Oregon has been at every day he or she works from home. Canada have it, as do an astonishing 50 the forefront of developing new and in- The Senator from West Virginia was percent of homes in South Korea. novative telemedicine programs. In just discussing with me a number of Japan and a number of European coun- LaGrande, which, again, is fortunate to other important benefits of broadband, tries have adopted very aggressive have a solid broadband infrastructure, apart from energy savings. I wonder if plans for broadband deployment involv- it has been possible to develop a very he would take a moment to describe ing laying optical fiber to every home. good program for the provision of rural those. We should be very aware that if other mental health services. The program is Mr. ROCKEFELLER. I would be countries do that—deploy fiber to all called RODEO NET and it’s been mak- happy to do so, and I thank the Sen- homes and businesses within their bor- ing a difference in the lives of rural Or- ator from Massachusetts. For years ders—and we continue to move very egonians for some time. And the tele- now, it has been a goal of mine to slowly even in the deployment of slow- medicine program of the Central Or- make sure that West Virginians, and er, current-generation broadband, egon Hospital Network makes it pos- indeed all Americans, can have access those other nations will gain a huge sible for doctors to consult with pa- to technology. The primary reason I in- economic advantage over us. tients remotely and to receive the pa- troduced the broadband tax credit is to I thus see the broadband tax credit as tients’ radiologial images, sounds, help address some of the most intrac- presenting us with a double oppor- records, and pharmacy information. table problems associated with our tunity. It would help provide much- But to do this well, you need country’s transition to the digital needed economic growth. And it will broadband. In fact, the average data economy—unequal availability of also help ensure that rural and under- speed used by RODEO NET is 768 kilo- broadband access technologies. This served Americans can fully participate bits per second, more than twenty tax credit will encourage deployment in an increasingly digital world. times the typical dial-up service in of broadband facilities in areas where Mr. SMITH. I wonder if I might inter- rural areas of the country. The prob- such technologies have not, and, with- rupt my friend from West Virginia to lem is that few rural communities have out Congressional action, perhaps will make an observation. I think his point a broadband connection. And that is not, be made available. With the help about competitive advantage is a very something we must overcome. This of the tax credit, people and businesses good one, and it is important for the technology can greatly improve the in these areas will be able to more fully Congress to remember that it applies quality of life for rural residents, and benefit from the networked economy, not only internationally but also do- we should not allow some of them to be and from activities such as telemedi- mestically. And it is an issue that is deprived because they live in a more cine, telecommuting, and distance important to both sides of the aisle. remote area. learning. This has positive con- For example, the Senate Republican Mr. ROCKEFELLER. My friend is sequences for everyone—not just those High Tech Task Force—HTTF—has correct. I agree with him whole- in rural areas—that go beyond the made the Broadband Tax Credit legis- heartedly. That is exactly the kind of marketplace. lation a priority and a part of its pol- application that will make a big dif- I also think it important to under- icy agenda. This agenda states ‘‘The ference to my constituents and his, and stand that this technology will also be Task Force understands that high I want to do everything I can to make an important driver of productivity speed Internet access has the power to it widely available across the United and economic growth. According to the transform how we use the Internet. En- States. Federal Reserve, information tech- couraging tax and regulatory policies Mr. KENNEDY. I wonder if my friend nology accounted for over 60 percent of that foster rapid, efficient, and com- is a aware of the trans-Atlantic sur- the productivity growth occurring petitive deployment of broadband and gery that occurred last year, where a from 1995 to 1999. Listen to the change other important technologies to urban surgeon in New York operated on a pa- that occurred at that time. During the and rural areas will be crucial to en- tient in France? first half of the 1990s, productivity in- sure our economic growth and techno- Mr. ROCKEFELLER. Yes, indeed As I creased on average only 1.5 percent per logical competitiveness.’’ The fact is, recall, the New York doctor remotely year. Then, when we began to link our those communities that do not have controlled some kind of robotic arms computers over the Internet, produc- broadband will invariably be at the dis- there at the patient’s location, and it tivity jumped to 2.8 percent in the sec- advantage to those that do. And unfor- came off without a hitch, I believe. ond half of the decade. It is this in- tunately, the communities that often Mr. KENNEDY. I think that is one of crease which Fed economists attribute have little or no broadband service are the most fascinating things I’ve ever primarily to information technology, rural and low-income areas. I know seen, and as one who has worked for and I think it is very fair to expect this matter is as important to my col- years on healthcare issues, it makes that wide-spread broadband networks leagues from Massachusetts and West me even more committed to moving are going to make us that much more Virginia as it is to me. The Senator this broadband technology out across efficient because they move us beyond from West Virginia and I both come the country as quickly as possible, be- using the Internet for e-mail to much from states with large rural areas, so cause one needs a very high bandwidth more substantive and sophisticated ap- our constituents likely face a similar connection for those kinds of applica- plications. And the economic value of situation. In the rural areas of Oregon, tions. You cannot do remote surgery that to us as a nation could be very we have seen concrete evidence of the over a narrow band connection. significant. One economist, Robert difference broadband makes in a com- Mr. ROCKEFELLER. Exactly right, Crandall of the Brookings Institute, es- munity’s economic vitality. For exam- and I think that this shows the poten- timates that accelerated deployment of ple, in La Grande, Oregon, in the east- tial that exists if broadband becomes broadband will generate up to $500 bil- ern part of the State, gaining connec- ubiquitously deployed in this country. lion in economic growth annually. tion to a nearby fiber optic route in When we can transmit massive But the other side of this is that if we 1999 made it possible for the town to amounts of data instantaneously, the do not deploy broadband quickly, and persuade ODS Health Plans to estab- applications are limited only by our other nations do, then we will lose the lish a call center/claims center there. imaginations. productivity edge that is so important. By contrast, other communities, such Mr. KERRY. I wonder if my friend And unfortunately, that appears to be as Madras and Crook County, report from West Virginia would yield for a happening. A recent study by the Orga- that they have both lost potential busi- comment at this point? nization for Economic Cooperation and nesses because of lack of broadband in- Mr. ROCKEFELLER. I would be Development (OECD) found that the frastructure. happy to.

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00064 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.075 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3401 Mr. KERRY. I thank the Senator, build a fiber-to-the-home system serv- I am pleased that both are cosponsors and my colleagues from Massachusetts ing much of Stockholm, which is be- of S. 88 and strong supporters of tech- and Oregon. As you know, I feel very coming a model for the rest of Europe. nology measures. I wonder if I could strongly about this legislation. My Now France is following suit. It re- ask them their thoughts on the likeli- staff and I spent a lot of time working cently announced that it will invest hood of passing the broadband credit with our former colleague Senator $1.5 billion on broadband infrastructure this year. Moynihan, and with Senator ROCKE- over the next five years, and much of it Mr. BAUCUS. I thank my friend from FELLER and others back in 2000 when will probably be optical fiber, as in West Virginia, and I congratulate him we were putting this bill together. We Sweden. In Japan, who knows how on his leadership on this legislation. I put a lot of brainpower into this bill. much the government is investing, but agree that broadband technology is ex- We met with innumerable telecom it is substantial. The investment is tremely important for this country. It companies and analysts and experts, made through Nippon Telegraph and will help ensure that our productivity working to craft a bill that provided Telephone, which is supposedly an remains high and that our citizens re- real incentives, and doing so in a tech- independent telephone company, but ceive the best services modern tele- nology neutral manner. I do not care the majority ownership belongs to the communications have to offer. I think what the technology is, as long as it Japanese government. In any case, some of these services that you have can provide broadband, it should re- NTT is in the middle of a huge fiber-to- already discussed there today—tele- ceive the incentive. And I think this the-home project all over the country, medicine, distance learning, and bill does that. It specifically antici- so the investment is clearly very large. videoconferencing, for example—will be pates copper wire, coaxial cable, terres- And listen to this figure from South absolutely life altering for many Amer- trial wireless and satellite tech- Korea. In Korea, the government is icans. In rural areas, we will find even nologies. If they can deliver true laying out some $15 billion to provide more ways to use broadband—televet- broadband services, at a measurable an optical fiber connection to 84 per- erinary services, remote monitoring of speed requirement, then they qualify cent of homes by 2005. This legislation crops, remote livestock auctions, etc. for the credit. That is as it should be. would invest only $540 million over 10 The fact is that when the underlying It is the service we are after, not a spe- years. That is not a lot for a nation as broadband infrastructure is there, you cific kind of delivery system. So this large as the United States. But it is an can do amazing things with relatively bill sets the standards and lets all com- important start, and we should pass it simple equipment—a digital video cam- pete equally. All they have to do is now and get the ball rolling. era and a computer. And, taking a mo- meet the speeds, and they get the cred- Finally, I feel strongly about this ment to indulge a point of home-state it. legislation because I think it is crucial pride, I want to ask my colleagues if For the current generation tech- for small business. As Chairman of the they know where this idea originated? nologies, it targets rural and low-in- Senate Small Business Committee I I see my colleague from Montana, and come areas. Those are the areas where have an obligation to look out for that he is smiling. He knows where it came the Federal Communications Commis- sector, and it is something I am pas- from. sion has told us there is a problem with sionate about. I am a former small Mr. BURNS. Of course. From the current generation deployment. For businessperson myself, and I know how Montana legislature, that’s where. the next generation technologies, it difficult it can be for a small company We’re very creative in Montana. targets the entire country, with the ex- to compete with larger enterprises. Mr. BAUCUS. Exactly. The State of ception of urban businesses. That is be- Broadband can make that easier by in- Montana enacted the first broadband cause, while next generation broadband creasing the productivity of the small credit in the nation in 1999. It was the exists and is being deployed aggres- business and opening up new markets. brainchild of one of our public utility sively in some Asian and European na- The telecom analyst Scott Cleland— commissioners, Bob Rowe, and of state tions, it has scarcely been deployed at many of you know him from his testi- senator Mignon Waterman and others all in the United States. mony here on the Hill on various occa- in the legislature. It was in effect for I have a number of reasons for caring sions—wrote a short piece last year on only two years, I believe, before being about broadband deployment. One is the importance of broadband to small temporarily suspended, along with a that I think we cannot allow the ‘‘dig- businesses. Paraphrasing Mr. Cleland, number of other tax breaks, due to the ital divide’’ to continue, and there is a he said this. First, that small busi- State’s budget shortfall. But in the digital divide with broadband deploy- nesses have less access to broadband short time it was in effect, it had very ment just as there is with computer ac- because they tend to locate outside the positive results. I want to quote from cess and dial-up Internet access. In high-rent urban business centers. It’s an article by Bob Rowe in one of our State newspapers, The Missoulian, in fact, the digital divide with broadband those urban business centers, he says June 2001, in which Bob was describing deployment is almost certainly greater where broadband is most plentiful. The the effect of the Montana broadband than with computers or dial-up. So as a second point he makes, and this is very credit: matter of basic equity, I think we must important, is that we as a nation are take quick action to deploy broadband losing as a result of this situation be- The results are impressive. Dozens of projects were awarded tax credits, most of across the nation. cause small businesses tend to be a I also care about this issue because it them in rural Montana—places like Circle, very innovative, economy-driving Crow Agency, Superior and Big Timber. is crucial for our international com- force. If broadband were more widely Projects included DSL, cable modems, and petitiveness. As Senator ROCKEFELLER available to small businesses, Cleland wireless. They also included projects to pro- mentioned earlier, the United States is says, the U.S. would benefit economi- vide ‘redundant’ access that is critical to falling behind in broadband deploy- cally. many technology businesses in case service ment. There is little disputing that Those are a few of the reasons why I goes out. fact. While some seem unconcerned feel very strongly about this legisla- Now as you might surmise, Circle, about that matter, I am very con- tion, and I think it is imperative that Montana is not a very big place. It had cerned about it. I think there is little we pass it this year and send it to the 644 people in the last census. None of doubt that a nation with ubiquitous president for signature. I am delighted those communities mentioned in that broadband will be more efficient and that we are having this discussion article has more than 1,600 people. If a productive than a nation without it. today, and I look forward to working broadband credit can help bring And, the fact is, other nations are with all of you to pass this bill at the broadband to rural communities like starting to outspend us on broadband earliest opportunity. those, then it is a worthy piece of legis- infrastructure. Sweden has set aside Mr. ROCKEFELLER. I notice that we lation. But the problem is, even when some $800 million on broadband deploy- are joined on the floor by the distin- the Montana broadband credit is rein- ment in rural areas of the country—a guished Chairman and Ranking Mem- stated, it will not be enough to ensure much smaller area than the United ber of the Finance Committee, two broadband deployment to all commu- States, obviously. And they have al- gentlemen who have a lot to say about nities in a State like Montana, so we ready spent an undisclosed amount to which tax legislation passes this body. will need Federal incentives, too. And

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00065 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.077 pfrm12 PsN: S25PT1 S3402 CONGRESSIONAL RECORD — SENATE April 25, 2002 that is where measures like the federal panies can’t justify the investment to that the tractor of tomorrow—indeed broadband credit we are discussing now their shareholders. So who gets the job of today—has a lot of high-tech equip- come in. It is important that we adopt done in those places? By and large, it’s ment on board that, as it drives this kind of incentive on a national the telephone coops. And they do a through the fields, gathers information basis, so that all communities may great job, and we need to make sure we on plant conditions and soil conditions benefit from it. And along with the in- support them in their effort. But, of and moisture content and so forth. And centives that various States may course, telephone coops are tax exempt that is incredibly valuable information enact, and along with other measures organizations. So the question arises, if to a farming operation. But to really like low-interest loans and grants and they don’t pay taxes, how will they use that information, you need a so forth, we can really accelerate benefit from a tax credit? But this bill broadband connection to send it from broadband deployment to all commu- has found a way to let them take ad- the tractor to, say, a plant specialist a nities in the country. vantage of the benefit. How so? hundred miles away. Without that So I applaud the efforts of my friends Through the so-called, ‘‘85–15’’ rule. broadband connection, it will take a who have worked so diligently on this The tax code requires that at least 85 very long time to transmit the data, bill. I stand with you and am com- percent of a telephone coops’ income be which makes it a lot less useful. So we mitted to moving this bill this year. used to pay losses and expenses. So this need to take action now to get The support is clearly there, with 64 bill exempts from income the amount broadband networks built out all over cosponsors in the Senate and 193 in the of broadband credit a coop would get if the country, including those little House. There aren’t many bills with it were a taxable company. That en- places like Circle and Superior and Big that much support. So I think the time courages coops to make broadband in- Timber and Crow Agency and thou- has come. We need broadband, and we vestments because, if they do, then sands of communities like them around need it now, and I think this bill will they will get help meeting the 85 per- the United States. And this bill is help a great deal. We will work to- cent rule. I think that makes a lot of going to help do that, so I a feel very gether to get it done this year. sense and is good tax policy. It both en- strongly that we need to pass it at the I want to turn to the Senator from courages a crucial infrastructure in- earliest opportunity. Iowa, my Ranking Member on the Fi- vestment, and simplifies the tax law Mr. JOHNSON. I would like to add a nance Committee. I used to be his for coops, which is an importannt thing brief comment on this topic, which is Ranking Member when he was Chair- to do anytime we can. of critical importance to my State of man, and now the roles are reversed. So with that, just let me say again South Dakota. My colleagues have all But regardless of which of us is sitting that I support this legislation, and I spoken eloquently about the role of in the Chairman’s seat, we always con- will work with Chairman BAUCUS and broadband deployment to our Nation, fer with one another and work closely Senator ROCKEFELLER and the other and the special importance of ensuring together, and I know he cares as much members here today to pass it. that our rural areas have equal access. about getting broadband technology Mr. BURNS. I wonder if I might very I think we all agree that the wide- out to rural areas as I do. Senator briefly add a couple of points at this spread availability of broadband infra- Grassley, do you have any thoughts on juncture. I wanted to join my col- structure is absolutely crucial to the this issue? leagues here on the floor today because future of America. Throughout history, Mr. GRASSLEY. I thank my Chair- I feel strongly about this measure. As we have found ourselves at critical man, and I appreciate the opportunity Senator BAUCUS said earlier, this whole junctures, when the Federal Govern- to speak on this topic. I am pleased to idea started in Montana, and we’ve ment has needed to step in and help be a cosponsor of Senator Rockefeller’s seen the kind of effect it can have build an intrastructure system that is bill, and I think it is important legisla- there, so I feel confident that a federal national in scope. The transcontinental tion. As you probably know, I have broadband credit can have a similar ef- railroad. Rural electrification. The spent a fair number of hours on a farm fect in other areas of the country. The Interstate highway system. None of in my life, and I can tell you that tele- other point I wanted to make goes those would have occurred without communications are absolutely a cru- back to Senator GRASSLEY’s discussion help from the Federal Government. cial lifeline to rural areas, and we must of farming applications. I’ve spent a That, in my opinion, is one of the most ensure that rural areas of the country fair amount of time in agricultural important aspects of our job—to know are not left behind as the state of the pursuits myself, and if there is any when it is time for the Government to art evolves. I think that is what is hap- doubt how agricultural organizations step in and facilitate the building of pening now—the state of the art is feel about broadband, you should take something big, something that will evolving, and rural areas are being left a look at the farm groups that have en- benefit the nation as a whole and make behind. In urban areas, we have won- dorsed this bill. The American Farm us a stronger nation. The transport of derful broadband systems where you Bureau, American Agri-Women, Na- large amounts of information is no less can type at your computer and have a tional Cattlemens’ Beef Association, important today than the transport of little TV screen going up in one corner. National Corn Growers Association, large amounts of goods was a few dec- A lot of people here watch the Senate National Council of Farmer Coopera- ades ago. The physical transport of floor right from their computers as tives, National Pork Producers Coun- goods is still necessary, and probably they work, which makes our work easi- cil, National Sorghum Producers Asso- always will be. But the transport of in- er and more productive. In rural areas ciation, National Wheat Growers Asso- formation? Why should we have to that kind of capability generally ciation, North American Export Grain transport people just to transport in- doesn’t exist. And we just can’t allow Association, Rice Millers’ Association, formation? If a supplier can meet with two different telecom standards for California Cotton Growers Association, his customer without driving across urban and rural areas. That would be California Cotton Ginners Association, town or getting on an airplane, then like urban areas having telephones and Western Growers Association, U.S. that is better. If a rural American can rural areas not having telephones. Rice Producers’ Group. The list goes on meet with the urban medical specialist What kind of country would we be if and on. Anyone who thinks farmers without driving or flying to the city, that were the case? So I think this leg- don’t care about technology should then that is better. If a rancher can islation is very important. spend some time on a modern farm, show his cattle for sale to a distant I want to point out one provision in and what you will learn in that Amer- buyer without the expense of trans- this bill which will be extremely im- ican agriculture is one of the most in- porting them to a sale barn, then that portant to rural areas, and that is one novative industries in the world. Let is better. All of those things are theo- involving telephone cooperatives. Any- me give you an example. Deere and retically possible today, but they are body from a rural State knows the im- Company, the farm equipment maker, possible in fact only to a few of our portance that coops play in making is also a supporter of this legislation. citizens. The disturbing thing is, that sure no one goes unserved. There are And you may think at first, ‘‘Why do other nations are moving ahead of us some places that are so scarcely popu- they care? They just make tractors.’’ in deploying broadband technology, as lated that the big publicly-owned com- But when you talk to them, you learn my colleagues have already pointed

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.079 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3403 out. I believe that if the United States population—that remain disconnected businesses to improve productivity, and to is to continue to lead the world eco- from major markets. Studies have promote regional partnerships between edu- nomically, it must invest in broadband shown that New York lags behind cational institutions and businesses to de- infrastructure. many states when it comes to Internet velop such technologies in the surrounding areas, and That’s why I will continue to fight connections and usage that are essen- (3) invest in research to identify and ad- hard to pass this legislation. I have tial to commerce and communications dress barriers to increased availability and written the President about it, I have in this new economy. use of broadband telecommunications serv- written the majority leader about it, I To be sure, communications tech- ices in rural and underserved areas. have spoken to my colleagues on the nologies are important not only for Mrs. CLINTON. The broadband tax Finance Committee about it, and now I economic reasons. My State of New credit is a critical component of this want to address all of my Senate col- York suffered more than any other economic development plan, in order to leagues about this bill. The fact is, we from the devastating attacks of Sep- get broadband to ‘‘the last mile’’—to need this legislation to push broadband tember 11th. On that day, emergency the households, schools, businesses, out to remote areas of the country. calls, communications between loved local governments and many others There are areas where the market will ones, and demand for reliable informa- that stand most to gain from its de- not take broadband for many years, if tion demonstrated so clearly our de- ployment and, of course, the jobs and ever. But that is where this legislation pendence on—and the need for—tele- services that are sure to follow. is targeted—those very areas the mar- communications technologies. I am ex- Ms. SNOWE. I am delighted to have ket is leaving behind. We need this leg- tremely proud of the efforts that were this opportunity to join my colleagues islation to ensure, first of all, that made by our rescue personnel, utilities, in discussing the importance of the rural areas are not left behind, and sec- and others to restore the communica- broadband tax credit legislation. We ondly that we do not fall behind as a tions infrastructure that was so dam- have worked on this bill since mid-2000, nation. We must not continue to fall aged by the terrorist activities. Those and we need to get it passed this year. behind Korea, Canada, Sweden, Japan, tragic events underscored the impor- I am particularly pleased to have Singapore and others, because if we do, tance of redundant telecommuni- worked with Senator ROCKEFELLER on then they will be able to work faster cations systems to enable us to stay this issue. He and I go way back on and more productively than we can connected in times of national emer- technology matters. We worked side by work, and it is productivity which has gency. side to ensure that all our classrooms been our hallmark, our saving grace, The message here is that broadband and public libraries are connected to our competitive edge for years. The deployment and its uses are key for the the Internet and modern technology Internet was an American invention, as continuing economic development and through the E-rate, and this successful are the broadband technologies that growth of our Nation. I recently offered program is beginning its fifth year of accelerate its use. We must not let oth- a sense-of-the-Senate, which was funding. ers surpass us in our own technology, adopted on the FY 2003 Budget Resolu- Just as the E-rate continues to en- simply through inaction. I urge my col- tion passed out of the Budget Com- sure that our Nation’s schools and li- leagues to take up and pass this very mittee, that highlights the needs for braries are not divided between techno- crucial legislation this year—at the investments in broadband technology logical haves and have nots, we must earliest opportunity. It is very impor- to spur development and job creation ensure that all of our Nation’s homes tant that we do so, and I pledge my in rural and underserved areas. Mr. and businesses—in both rural and support for it here today. President, I ask that it be included in urban areas—have access to broadband Mr. ROCKEFELLER. I thank the the RECORD at this point. services. Because although dial-up There being no objection, the mate- Senator and welcome his support. I be- services are good for sending e-mail, rial was ordered to be printed in the lieve the Senator from New York want- sharing short documents, and browsing RECORD, as follows: ed to join in the discussion, as well. the web slowly, you need broadband Mrs. CLINTON. I thank my friend SENSE OF THE SENATE REGARDING BROADBAND services if you need to receive informa- CAPABILITIES IN UNDERSERVED AREAS from West Virginia. As an original co- tion quickly or send an item that is (a) FINDINGS.—The Senate finds in the fol- sponsor on Senator ROCKEFELLER’S lowing: data-intensive, such as photographs, broadband tax credit bill and a sup- (1) In many parts of the United States, seg- graphics, or lengthy documents. porter of the amendment offered on the ments of large cities, smaller cities, and While broadband is already being de- energy bill, and having introduced my rural areas are experiencing population loss ployed in rural States, such as mine, I own bills to enhance broadband deploy- and low job growth that hurts the sur- believe it is imperative that we seek to ment in Upstate New York and around rounding communities. accelerate the rate of this deployment. the country, I join my colleagues from (2) The availability and use of broadband Because where are the homes and small both sides of the aisle today to express telecommunications services and infrastruc- ture in rural and other parts of America is businesses without broadband service? strong support for legislation stimu- critical to economic development, job cre- That’s easy—in rural and low-income lating broadband infrastructure de- ation, and new services such as distance areas. And that is what this bill is de- ployment and demand for broadband learning, telework capabilities and telemedi- signed to cover: the rural and low-in- services. cine. come areas where broadband generally As we all know, our Nation’s econ- (3) Existing broadband technology cannot is not already available. Furthermore, omy has suffered a slowdown of stag- be deployed or is underutilized in many rural it is designed to help us move to the and other areas, due in part to technical lim- gering proportions in the last year. In- next generation of broadband that vestment has slowed, jobs have been itations or the cost of deployment relative to the available market. some countries are already rolling out. lost, and for many companies revenues (4) Today’s small and medium-sized busi- The bottom line is that there are continue to decline. Few sectors of our nesses need an extension program that pro- times when it makes sense to help the economy have been as dramatically af- vides access to cutting edge technology. market deploy technology more quick- fected as the telecommunications and (5) There is a need to create partnerships ly and this is one of those times. Why? high-tech industry, with job loss esti- to reduce the time it takes for new develop- Because the Government can play an mates in the industry exceeding more ments in university and other laboratories important role in ensuring that all our to reach the manufacturing floor and to help than a quarter-million in the past year small and medium-sized businesses trans- citizens have access to basic infrastruc- alone. Of particular concern to me, Up- form their innovations into jobs. ture, just as it ensured universal access state New York, like rural areas across (b) SENSE OF THE SENATE.—It is the sense to telephone service in the 1930s. America, has continued to face obsta- of the Senate that the Congress should: I will not repeat what my other col- cles to full engagement in the new (1) facilitate the deployment of and de- leagues have said about the United knowledge-based economy. Prior to the mand for broadband telecommunications States falling behind in broadband in- recent downturn, the economic growth networks and capabilities (including wireless frastructure, but it is a fact and it is and satellite networks and capabilities) in of the last decade left behind many of rural and underserved areas, something we cannot allow. We must our Nation’s rural areas—like Upstate (2) encourage the adoption of advanced engage on this issue and we must do it New York with its highly educated technologies by small and medium-sized now. As the lead Republican cosponsor

VerDate 11-MAY-2000 06:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.081 pfrm12 PsN: S25PT1 S3404 CONGRESSIONAL RECORD — SENATE April 25, 2002 of the legislation, I urge the passage of can win approval in this Chamber. So I petition takes place on a level playing the broadband tax credit legislation as would say to my colleagues that I want field, or else competition will be dimin- one way to address this matter, and be- to move the bill at the earliest oppor- ished and consumers will suffer. So I lieve it should be done this year. While tunity. would like to go forward, in conference, there are a number of other ideas on Mr. ROCKEFELLER. We appreciate and work with my friend, Senator the table concerning broadband deploy- the Leader’s interest and support. With MURKOWSKI, and others of like mind, to ment, this is one that is ready to go, that support, and that of all our col- correct this situation and ensure equal and we should not wait any longer. Ac- leagues who have joined us today, I feel treatment for all who chose to compete cordingly, I urge my colleagues to sup- confident that we will succeed in get- in the interstate wholesale electricity port moving this incentive as part of ting this bill enacted into law this market. the next available tax package moving year. And I am excited at that pros- Mr. MURKOWSKI. I look forward to through the Congress. pect, because I think it will make a big working with the Senator from Okla- Mr. SMITH. I would like to return to difference in moving broadband both to homa on this issue as this bill moves to the issue of exactly how we move this remote and underserved areas of the conference. year. I think it is the most substantial Nation, and also in moving it to the ENERGY EFFICIENT COMMERCIAL BUILDINGS broadband initiative with a real chance next generation. That will be an out- Mr. GRAHAM. Mr. President, Section of passing in the near future, and I standing result, and a great benefit for 2105 of this legislation, the section pro- think we should be very specific about the Nation. viding a tax deduction for construction how we are going to accomplish it. It is ENERGY POLICY ACT OF 2002 of energy efficient commercial build- now mid-April, the number of legisla- Mr. NICKLES. I would like to engage ings, does not list the specific building tive days remaining in this Congress in a brief discussion with my colleague components that will qualify the build- are dwindling, and the available tax ve- from Alaska concerning an important ing. This is different from Section 2103, hicles would seem to be limited for the provision that is missing from the elec- pertaining to energy efficient residen- rest of the year. tricity title of this bill. Would the tial property, in which items contrib- Mr. KENNEDY. I couldn’t agree ranking member of the Energy and uting to building efficiency are listed more. As I said earlier, I think this Natural Resources Committee, Senator in some detail. My concern is that cer- would be a very good addition to the MURKOWSKI, agree that it is important tain energy efficiency improvements, if energy bill because it has clear energy to provide a level playing field for com- not specifically included, may not savings implications. If that proves not petitors in the interstate wholesale qualify for the deduction under Section to be possible, I think it should be in- electricity market? 2105. I was wondering if the Senator cluded in any other tax bill that comes Mr. MURKOWSKI. Yes, I agree with from Montana could clarify for me the through this year. Passing the my colleague. reasons behind the differences between broadband tax credit this year should Mr. NICKLES. Is today’s interstate these two sections. be a priority for the Senate and we wholesale electricity market a level Mr. BAUCUS. The Senator from Flor- must ensure its passage at our earliest playing field, in which all competitors ida asks a reasonable question, but he opportunity. are subject to the same rules? need not be concerned about the dif- Mr. ROCKEFELLER. Absolutely. I Mr. MURKOWSKI. No. Publicly- ferences between these two sections. am with you 100 percent. We have to owned utilities are not subject to the The commercial building deduction is get this done, and we have to get it same oversight of their rates and other constructed as a performance-based in- done this year. I note that the major- activities related to sales of bulk elec- centive for energy efficiency. The bill ity leader has joined us on the floor tricity in interstate commerce as in- does not specify which materials and I wonder if we might impose on vestor-owned companies. should be used because different build- him to give us his views on the pros- Mr. NICKLES. I see nothing in the ings may require different components pects for the broadband tax credit. current language of the electricity to meet efficiency standards. Construc- Mr. DASCHLE. I thank the Senator title of this bill to rectify this dis- tion need not adhere to a specific list for his leadership on the broadband tax parate treatment. This seems unfair, of energy efficient components. credit, and I thank all of our colleagues and contrary to our policy of pro- Mr. GRAHAM. Let me ask then about who have expressed their support for moting competitive markets in inter- a specific building component so that I this measure today. As you know, I am state electricity sales. Would the Sen- can be certain I understand what the a cosponsor of Senator ROCKEFELLER’s ator from Alaska agree? Senator has explained. Building insula- bill, S. 88, and share the strong support Mr. MURKOWSKI. Yes, I think that tion is not referenced in Section 2105, for this bill expressed by our colleagues all utilities who substantially partici- however it is referenced in Section today. pate in the interstate wholesale elec- 2103. Nevertheless, expenditures for in- We have made this a centerpiece of tric power market should be under the sulation in a commercial building will the Democratic high technology agen- same regulatory regime, and subject to qualify for the deduction so long as it da. We believe broadband deployment the same oversight by the same regu- meets the energy efficiency require- is key to the continued economic lator. But I also want to make clear ments laid out in this measure. Is that growth of the entire Nation, and is par- that municipally-owned and coopera- accurate? ticularly critical in rural areas that tively-owned utilities that are too Mr. BAUCUS. The Senator is correct. studies have shown too often lag be- small or not selling in interstate com- In fact, the efficiency requirements hind their urban counterparts. This bill merce, such as those in Alaska, should laid out in this legislation essentially addresses that issue head-on by giving not be subject to FERC regulation. I require that building construction in- special incentives to rural deployment. would oppose any attempt to extend clude a combination of highly energy This measure is one of a number of so- such Federal regulation to these enti- efficient property. Energy efficient in- lutions that have been proposed that ties or their activities. sulation would almost certainly be in- will prove effective in achieving uni- Mr. NICKLES. I thank the Senator cluded among these components. versal availability of the most ad- for that viewpoint. Do not misinterpret Mr. GRAHAM. The origin of my con- vanced telecommunications tech- what we are saying. This is not about cerns regarding the enumeration of nology. ‘‘spreading the pain’’ around to every- specific components stems from the I look forward to working with the body. Rather, what we are saying is language used to define energy effi- Senator from West Virginia, the distin- that if a municipally-owned or coop- cient commercial building property ex- guished Chairman and Ranking Mem- eratively-owned utility makes a stra- penditures at the beginning of Section ber of the Finance Committee, and all tegic business decision to go into the 2105. It indicates that in order to qual- of our colleagues who have spoken out competitive interstate bulk power ify, energy efficient property must be so forcefully today. I hear you and market to earn profits, then it ought eligible for treatment as depreciable share your support for this proposal. to play by the same rules as everybody property under section 167 of the tax Given the large number of cosponsors, else. And once they enter that market, code. There are many building compo- it is clear that the broadband credit it is important that the market com- nents, like insulation, not specifically

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.082 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3405 referenced in section 167. Can the Sen- of MTBE, they also wanted to be sure bill, it likely will not be able to make ator from Montana confirm that the that the toxic air pollutant reductions up the lost benefit MTBE provides— intention of this measure is not to ex- achieved from the use of reformulated substantially lowering modeled emis- clude these components from eligi- gasoline were maintained. Thus, they sions of air toxic pollutants—by low- bility for the energy efficient commer- included the so-called ‘anti-back- ering sulfur to required levels or tak- cial buildings deduction? sliding’ provisions found in subsection ing any other actions that will allow it Mr. BAUCUS. I can confirm for the (b) of Section 834. Among other things, to maintain that baseline performance Senator from Florida that the inten- subsection (b) will require the EPA Ad- level. tion of this provision is to include all ministrator to . . . establish, for each This is exactly the situation facing those components that would produce refinery or importer . . . standards for the Amerada Hess Corporation, a cor- levels of energy efficiency sufficient to toxic air pollutants from use of the re- porate constituent in New Jersey that meet the standard laid out by this formulated gasoline produced and dis- is an important supplier of reformu- amendment. tributed by the refiner or importer lated gasoline. At its Port Reading, Mr. GRAHAM. I thank the Senator that maintain the reduction of the av- New Jersey refining facility, Hess pro- for his clarification and his time. erage annual aggregate emissions of duces 35–50 thousand barrels per day of IMPACT OF REFORMULATED FUELS PROVISIONS toxic air pollutants for reformulated reformulated gasoline that is supplied AND NEED FOR APPROPRIATE DISCRETION FOR gasoline produced or distributed by the to New Jersey, New York, and Con- ADJUSTMENTS TO REQUIRED BASELINES FOR refiner or importer during calendar necticut. Hess also supplies another 40– ANTI-BACKSLIDING REQUIREMENTS years 1999 and 2000. 60 thousand barrels per day of reformu- Mr. CORZINE. Mr. President, I rise This provision thus requires EPA to lated gasoline into the northeast mar- today to bring to the attention of my establish, for each refinery, the ket from HOVENSA, a refinery it part- colleagues an important issue that re- amount of toxic air emissions from the ly owns on St. Croix in the US Virgin lates to provisions in the Energy bill gasoline based on 1999 and 2000 data, Islands. Both facilities, the only two dealing with reformulated gasoline. and then establish that as a ‘‘base- under the Hess umbrella, have long After a few brief introductory remarks, line,’’ or maximum level of toxic air produced very clean gasoline—taken I would like to engage in a colloquy emissions from the gasoline produced together, the gasoline produced by with my colleague and friend, the by that refinery. these refineries has almost 60 percent Chairman of the Committee on Envi- What this provision doesn’t do, is tell less sulfur and 35 percent less benzene ronment and Public Works, in order to the refiner how to maintain the base- than the refinery industry average. inform and clarify the legislative line once MTBE is eliminated, it just Once the EPA establishes baselines record on the matters I am about to has to do it. In most cases, refineries for these two refineries, and MTBE discuss. can meet the gap in toxic air emissions comes out of the gasoline, they will The provisions contained in Subtitle performance—caused by the ban on have no realistic options to maintain C of Title VIII of the Energy bill deal MTBE—simply by doing little more the baseline—exactly because the gaso- with motor fuels. As has been discussed than complying with an already-exist- line was already so clean. They can put on this floor on preceding days, these ing separate regulation that requires in ethanol, but that does not have the provisions deal with a number of them to reduce the levels of sulfur in same level of positive effect on toxic issues, including a ban on the use of the gasoline. Removing sulfur improves air emissions, compared to MTBE. MTBE and requirements for use of eth- the toxic air emissions performance of They will lower sulfur further to 30 anol in reformulated gasoline. I would the gasoline as calculated by EPA. Or ppm, but in contrast to most other re- like to speak today on another issue in the refinery could invest in improved fineries, this will not be enough to this subtitle that has received less at- extraction technology to remove di- maintain the baseline, since the gaso- tention during our debate on these rectly some of the toxics—for example, line was already low in sulfur before issues, but which could have a profound benzene. Or a larger, multi facility re- and during the relevant base period. and detrimental effect on the supply of finer could trade between its refineries Benzene is already at very low levels, gasoline in New Jersey and elsewhere the credits for emissions of toxic air and further reductions are not reason- in the Northeast, by affecting an im- pollutants authorized by the Sub- ably achievable. portant supplier to this market. section. I will include in the record tables of Section 834 of Subtitle C eliminates So, once the EPA Administrator es- data provided to me by Amerada Hess the oxygen content requirements for tablishes the baseline for a refinery, that illustrates this result. They could reformulated gasoline. It is necessary most refiners have options that are buy credits, if they were available, but to do this since the subtitle, in Section available to ensure that their refineries this would allow refiners who did not 833, Subsection (c), otherwise bans the do not ‘backslide’ on the emissions of take early action to clean up gasoline use of MTBE, the oxygenate most com- toxic air pollutants from gasoline. For to obtain a competitive advantage. monly used to meet the oxygen content example, refiners that had high sulfur The only reasonable way to address requirements of the Clean Air Act. And levels during the base period will have this situation, Mr. President—and while we have all become aware of the a relatively easy time complying with avoid penalizing a refiner by virtue of groundwater contamination problems this requirement for their reformulated the fact that it took early action to caused by leaks of gasoline containing gasoline, primarily because they must clean its gasoline before it was re- MTBE, it is important to understand desulfurize gasoline by 2004–2005 under quired to do so—is to ensure that the for the situation I am about to discuss already existing rules, and this step EPA Administrator has the ability and that MTBE does provide significant will substantially reduce toxic air discretion to review situations like benefits in regard to emissions of toxic emissions, thus offsetting the increases this, and when necessary and appro- air pollutants under current EPA mod- in calculated emissions from elimi- priate, make adjustments to the refin- els. Indeed, overall toxic air emissions nating MTBE. ery-specific baselines. reductions achieved through the use of But what happens under the Energy This notion of providing limited, nec- reformulated gasoline substantially ex- bill to the refiner who had voluntarily essary baseline adjustments is not un- ceeded the minimum requirements set taken steps, not required by any regu- precedented. Indeed, EPA provided this by the Clean Air Act Amendments of lation, to incorporate state-of-the-art form of relief just last year on nearly 1990. I think we all agree with the Blue benzene extraction technology and also identical facts. In that case, it was im- Ribbon Panel’s recommendation, that removed a very large amount of the plementing the Mobile Source Air with or without MTBE, it remains an sulfur from its gasoline before the base Toxics, or MSAT, rule. That rule sets important goal to maintain the real period that the EPA will use to estab- maximum levels of toxic air emissions world emissions benefits derived from lish its baseline? That refiner will be from gasoline from baselines estab- the use of reformulated gasoline. given a baseline that is far tougher lished using data from the base years, So when the authors of Subtitle C than virtually any other refiner. It is 1998, 1999, and 2000. It is thus nearly eliminated the oxygen requirement for so tough, Mr. President, that when identical to the anti-backsliding provi- reformulated fuel and banned the use MTBE is banned, as required by the sions of Subtitle C—it only differed in

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.096 pfrm12 PsN: S25PT1 S3406 CONGRESSIONAL RECORD — SENATE April 25, 2002 that it covered all fuel, conventional or inadvertently—those parties that line adjustment granted under the and reformulated, and looked to data take early action voluntarily to im- MSAT rule or to affect any legal from one more base year, 1998. prove the environmental performance claims or actions related to the MSAT In that case, Mr. President, Hess and public health benefits of the prod- regulations, including the sections in faced the same situation in which it ucts they produce, in this case, refor- that rule providing for baseline adjust- finds itself in this instance for its gaso- mulated gasoline. ments. Furthermore, as I observed in line supplies form Port Reading and Based on the facts that the Senator my prior response, fairness would dic- HOVENSA, except that the reason has presented and as they have been tate that the result should be the same MTBE was going to be unavailable on a presented to me and my staff, it ap- whether MTBE is banned as a result of going forward basis was state-enacted pears that Amerada Hess and this bill or as a result of state law. bans on its use in New York and Con- HOVENSA could be disadvantaged if Mr. CORZINE. I again thank the dis- necticut. In this case, it is federal law the anti-backsliding provisions of the tinguished chairman of the Environ- that will ban the use of MTBE. So the bill were implemented without consid- ment and Public Works Committee for result in the MSAT rule situation eration of the factors that you have his comments and perspective on this should be the same when the provisions outlined. And, this situation could lead issue, as this is a very important issue of this bill go into effect. In the case of to a less competitive market in the for my State and region. the MSAT rule, EPA agreed that once Northeast, potentially driving up Mr. President, New Jersey is the the state MTBE bans went into effect, prices. largest user of reformulated gasoline in EPA would make an appropriate ad- It seems reasonable that refineries the Northeast. Hess—through the Port justment to the baselines for the Port such as you have described, which have Reading and Virgin Islands refineries— Reading and St. Croix refineries to re- worked out an understanding of an ap- supplies about 13 percent of the refor- flect their unique situation. propriate adjustment with EPA in the mulated gasoline used in the New The adjustment was based on EPA’s context of the implementation of rule York/New Jersey/Connecticut region. finding that the reformulated gasoline on mobile sources of air toxics, should Production from Hess’s Port Reading which these refineries produce signifi- be able to proceed in a similar fashion refining facility alone translates to 14– cantly outperforms the industry aver- when the provisions relative to refor- 20 percent of New Jersey’s total gaso- age for toxic air emissions, and that mulated fuels—particularly, the anti- line consumption. My office is advised MTBE bans would affect the modeled backsliding provisions in Section 834— that if S. 517 does not allow EPA to re- toxics performance. The purpose of this are implemented. EPA has informed tain existing MSAT baseline adjust- relief, quite simply, was to level the my staff that they would interpret the ments or grant new ones, it will con- playing field, so that a refiner that provisions in question as providing strict the ability of its Virgin Islands took steps to clean up its gasoline them with adequate authority to do so. joint venture facility to manufacture early could continue to supply gasoline It would seem logical that such author- reformulated gasoline and may cause when MTBE is eliminated. I will enter ity would be used as it was in the case Port Reading to close. The reformu- into the RECORD a copy of the letters of the rule, regardless of whether the lated gasoline supplied by these two re- from EPA laying out the details of situation is a state ban or a Federal fineries, as I noted previously, today EPA’s resolution of this problem. ban on MTBE. has almost 60 percent less sulfur and 35 My purpose today is therefore two- Mr. CORZINE. I very much appre- percent less benzene than the refinery fold. I first wanted to bring this matter ciate the Chairman’s answer, and be- industry average and would be replaced to the attention of the Senate. It would lieve that EPA should be able to retain by other suppliers, who would supply be a travesty if we were to enact legis- and incorporate existing baseline ad- less clean gasoline on average. More- lation that penalized parties for taking justments granted under the MSAT over, New Jersey could lose a major early action to improve the environ- rule into the baselines that will be es- employer in the form of Port Reading mental performance of their product. tablished under Section 834(b). which, in addition to producing clean And I should hasten to add here, Mr. I wonder whether the Chairman could gasoline, has been identified as among President, that based on every con- answer another question in this regard. the top environmental performers for versation I or my staff have had on this If the MTBE ban proposed in S. 517 refineries in the country in Environ- matter, we have been assured that this takes effect before or supersedes the mental Defense’s most recent rankings. was an unintended consequence. So my implementation of existing state As a matter of sound environmental second purpose, Mr. President, is to en- MTBE bans, is S. 517 intended to ne- policy, refiners who voluntarily sure that the record on this legislation gate baseline adjustments that refer to cleaned up gasoline by removing dirti- provides sufficient guidance to EPA in or are based upon those state laws? er components before the baseline pe- order that it can address this matter Mr. JEFFORDS. As the Senator riod should certainly not be put in a effectively. knows, there is no Federal preemption worse position than refiners who wait- For these reasons, I would like to en- of State law contained in the Subtitle ed until regulations forced them to re- gage the Chairman of the Environment C. In fact, Section 833 of the bill, in duce toxic air emissions. Nor should and Public Works Committee, the Sen- Subsection (d), states specifically that such refiners reap a windfall under S. ator from Vermont, in a colloquy on enactment of the federal MTBE ban 517 by having clean refiners end up this issue. contained in the preceding subsection buying credits from them to stay in As discussed in my remarks, EPA will ‘‘have no effect on the law in effect business. had the requisite authority and discre- on the day before the date of enact- I greatly appreciate the interest my tion under the MSAT rule to make lim- ment if this Act regarding the author- Chairman on the Environment and ited, appropriate adjustments to refin- ity of States to limit the use of Public Works Committee has shown on ery-specific baselines for toxic air [MTBE] in motor vehicle fuel.’’ And this issue, and hope we can work to- emissions based on unique cir- Section 834, in which the anti-back- gether, along with other interested cumstances such as those facing sliding provisions are contained, in- Senators, to remedy this situation on Amerada Hess. Would you agree that cludes a savings clause (Subsection (d)) this and any future legislation that EPA would enjoy a similar level of dis- that states ‘‘[n]othing in this section is may carry similar provisions. cretion under the anti-backsliding pro- intended to affect or prejudice any PRIVATE USE CLARIFICATION visions of Subtitle C of Title VIII if and legal claims or actions with respect to Mr. KYL. I would like to engage in a when the Energy bill, or any other bill regulations promulgated by the Admin- colloquy with the chairman of the Sen- that carries similar provisions, be- istrator prior to enactment of this Act ate Finance Committee in order to dis- comes law? regarding emissions of toxic air pollut- cuss an issue that I know the chair- Mr. JEFFORDS. I appreciate the ants from motor vehicles.’’ man, the ranking member of the com- Senator from New Jersey bringing this Taken together, these provisions are mittee and their staffs have been at- matter forward at this time. As he a clear indication that it is the intent tempting to address for some time. noted, the last thing we want to do in of the Senate not to preempt the state Specifically, we all know that the elec- this statute is to penalize—advertently laws that were the cause for the base- tric industry is undergoing significant

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.099 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3407 change However, certain tax provi- vidual private letter rulings to entities tablish a National Science and Tech- sions, drafted long ago, appear to ob- other than utilities that have sought nology Assessment Service to develop struct the current restructuring of the clarification on the ability to allocate information for Congress relating to industry. The Senate Finance Com- private business use to equity. Unfor- the uses and application of technology mittee has attempted to better under- tunately, the private letter ruling to address current national science and stand these tax and non-tax conflicts process can be lengthy, administra- technology policy issues. Everyone in in the rapidly changing national en- tively cumbersome and not viable were this body appreciates that the science ergy environment by directing the De- a large number of utilities to pursue and technology policy issues that we partment of the Treasury to conduct this remedy. A modest solution to this face today are diverse and complex. an ongoing study of the issue and re- issue would be to provide that the por- Clearly there is a need for some reli- port back to the tax-writing commit- tion of a public power utility’s system able means for Congress to receive tees on an annual basis with legislative that is financed with amounts other timely, unbiased information on such recommendations. In addition, the than tax exempt-debt can be used with- matters. manager’s amendment to the tax title out regard to private use limitations. However, I am concerned that the de- Public power systems then have a to the energy bill before us on the floor tails of the organizational structure strong incentive to finance projects has provisions that will facilitate re- being proposed in this section have not with equity or taxable debt rather than structuring for cooperatives and inves- been fully vetted. No hearings were tax-exempt bonds. tor-owned utilities. held on the proposal. Many of those in- Public power utilities need to know Specifically, language to provide broad guidance in this area could state: terested are not locked into this par- how they can operate in this new envi- ticular design proposal, but feel that ronment. This guidance is especially If, after first allocating private business use contractual sales to the portion of elec- there is a valid need for such an organi- critical given the lack of a legislative tric output facilities financed with equity or zation. I hope that we can revise the solution to modernize Federal ‘‘private taxable debt, the remaining amount of such title XVI provisions to ensure that it use’’ tax laws passed in the mid-1980s. I contracts, if any, when allocated to the tax meets the needs of Members. Many of rise today to suggest two mechanisms exempt bond-financed portion of the facili- us recall the former Congressional Of- that will provide very limited, but nec- ties would not cause the private business use fice of Technology Assessment which test to be exceeded, then the private business essary, guidance for public power utili- was abolished in 1995 over concerns ties. I believe both of these mecha- use limitations are deemed not to have been exceeded. about its ability to provide timely in- nisms can be addressed either through I have been informed by the Treasury formation to Members of Congress. Of- administrative guidance or legislation. tentimes their reports were released First, the report of the Senate Fi- Department that they believe that they have the authority to address this after a vote on a particular issue, ren- nance Committee urges the Depart- dering them useless from a Congres- ment of the Treasury to finalize as issue and are working on published guidance in this area. Unfortunately, sional standpoint. There were also con- quickly as possible regulations relating the Treasury and the Internal Revenue cerns that the office had grown to be to the definition of private activity Service have been working on com- much larger than originally antici- bond for public power entities. In prehensive allocation regulations for pated. By the time the office was abol- adopting these regulations, the com- some time and guidance is needed now. ished, it had grown to have an annual mittee hopes that the Treasury will Therefore, I would again hope that budget of approximately $22 million use its regulatory authority to provide whatever legislative history that and had over 200 employees. The cost of flexibility to foster the participation of emerges with respect to the tax title to an average report was around $400,000. public power in a restructured electric the energy recognize the ability of a I believe that the authors of this title industry. I believe that finalization of public power system to allocate its eq- XVI intend that the assessment service the regulations is important. uity to investments in as flexible a be an unbiased, nonpartisan entity I further believe that flexibility may manner as possible. whose reports and recommendations be provided in the regulations by, I hasten to add that these two sug- would be widely accepted by the Con- among other measures, lengthening the gestions do not provide a comprehen- gress. To create such an entity with in- term of the short-term output contract sive fix to the numerous technical pri- stant credibility, requires an open exception to 5 years; providing specific, vate use problems that require the at- process for considering different ap- more flexible guidelines for utilities to tention of this body. However, it will proaches to structuring it. Without replace load lost from participating in provide necessary guidance to public this opportunity and process, the es- the open access of their transmission power utilities at a time when man- tablished service may not be received facilities; and allowing the advance re- aging private use has become increas- as a reliable non-partisan entity. With- funding of bonds used to finance trans- ingly challenging due to industry out such a reception, the service would mission facilities used in open access events. Moreover, they will not upset be essentially useless. or regional transmission organizations. the competitive balance in the indus- I would hope that the legislative his- Although I have filed an amendment try. that would delete this title from the tory to the tax title to the energy bill I ask the distinguished Chairman of bill, I am hereby withdrawing that would urge the Treasury Department the Committee on Finance if I can amendment. I hope to work with the to consider adopting these items to the count on him to support language with greatest extent possible when the pri- respect to these two items in any re- chairman of the Commerce Committee, vate activity regulations are finalized. port that this body or the conference Senator HOLLINGS, to further review Second, public power utilities his- may issue. the provision while the Energy bill is torically finance aggregate generation, Mr. BAUCUS. The Senator from Ari- in conference with the House. I urge transmission and distribution needs zona can count on my support in ensur- Senator HOLLINGS to hold hearings on with tax-exempt debt and electric sys- ing that guidance with respect to the this proposal to allow for an open de- tem revenues, equity. Moreover, these finalization of regulations relating to bate on the needs and benefits of the construction needs are often financed the definition of private activity bonds congressional service. I further urge on a system, versus a project, basis. for public power entities is provided at the chairman to engage other commit- This means that each dollar of bor- the earliest opportunity and most cer- tees and Members in these discussions. rowing is not tied to a dollar invest- tainly in conference. Regarding the Mr. HOLLINGS. Mr. President, I ment in specific projects. This is a ability to allocate private business use thank Senator MCCAIN for his com- common utility practice, but one that to equity, I look forward to working ments and his willingness to work with complicates the ability to manage pri- with my colleague to fashion an appro- me on this issue. The need for reliable, vate use limitations in the current en- priate remedy for this important issue. sound advice to Congress on scientific vironment. NATIONAL SCIENCE AND TECHNOLOGY and technology issues has never been Current law does not provide specific ASSESSMENT SERVICE greater. Many of the issues that we guidance in this area, though the Inter- Mr. MCCAIN. Mr. President, section tackle every day involve some sci- nal Revenue Service has issued indi- 1601 of title XVI of this bill would es- entific or technological element.

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.107 pfrm12 PsN: S25PT1 S3408 CONGRESSIONAL RECORD — SENATE April 25, 2002 Congress needs to be sure that it can I would like to know if the Senator states that in order to ensure timely avail itself of excellent scientific anal- from New Mexico agrees with my inter- action on oil and gas leases and appli- yses on complex issues. The advice that pretation of the language in the En- cations for permits to drill on lands we were able to receive in the past ergy Policy Act of 2002. otherwise available for leasing, the from the Office of Technology Assess- Mr. BINGAMAN. I respond to my col- Secretary of the Interior is required to ment on such issues as climate change league from New York by stating that ensure expeditious compliance with the and homeland security is sorely I do in fact share his understanding of requirements of section 102(2)(C) of missed. As Senator MCCAIN noted, any the intent of the language relating to NEPA, improve consultation and co- assessment service for the Congress HTSC research in the Energy Policy ordination with the States, improve needs to be non-partisan and effective. Act of 2002. the collection of information related to I look forward to discussions with the OIL AND GAS DEVELOPMENT ON PUBLIC LANDS such leasing activities, and improve in- ranking member of the Commerce Mr. DURBIN. Mr. President, I ask the spection and enforcement activities re- Committee, as well as other members chairman of the Energy and Natural lated to oil and gas leases. The section of the Senate, regarding the proposed Resources Committee to engage in a also authorizes appropriations to the structure of the National Science and colloquy with Senator FEINGOLD and secretary. Section 602 does not change Technology Assessment Service and me with respect to oil and gas develop- any requirements under current law possible changes to that structure. ment on Federal lands, an issue that is applicable to the management of public REQUEST FOR TAX MODIFICATION very sensitive for Americans right now. lands, including any requirements im- Mr. HARKIN. Mr. President, I have There are areas on public lands where posed by NEPA, FLPMA or any other long been interested in providing a we can develop oil and gas resources in applicable law. modification in the tax law allowing a a responsible way. But we should not Mr. DURBIN. I thank the chairman. historic hotel in my State to be re- take this fact as a green light to de- It is my understanding that the cur- stored and used as housing for lower in- grade environmentally sensitive lands, rent BLM policy requires the agency to come elderly people. Unfortunately, as which should be preserved for genera- consider activities on lands proposed the chairman knows, the tax laws often tions to come. We need to recognize for special designations, such as Areas that the Secretary of the Interior, as determine the viability of the project of Critical Environmental Concern and the steward of our public lands, must and this modest sized project is more Wilderness Study Areas, and, subject consider a range of factors when devel- complex then most of its size. to valid existing rights, to avoid ap- Mr. BAUCUS. Mr. President, I appre- oping and use plans for public lands. proval of proposed actions that could ciate the Senator from Iowa’s concern The Secretary of the Interior is not and his persistence. However, because just in the business of energy—lands degrade the values of potential special the provision is not an energy tax pro- administered by the Bureau of Land designations. Does the Chairman agree posal, it is not appropriate for it to be Management are multiple use lands that section 602 does not affect this included in this energy bill. But I do and the Secretary is required to take policy? want the Senator to know that there is many factors into consideration when Mr. BINGAMAN. The Senator from sympathy for the proposal, and I do developing land use plans, including Illinois is correct. Mr. FEINGOLD. The Senator may be plan to consider its inclusion on an ap- the recreation, range, timber, min- propriate measure in the near future. erals, watershed, wildlife and fish, and aware that citizens’ groups have peti- tioned the BLM to review several mil- DEVELOPMENT OF HIGH TEMPERATURE natural, scenic, and historic values. lion additional acres for wilderness SUPERCONDUCTOR TECHNOLOGIES The Bureau of Land Management has Mr. SCHUMER. I would like to pose a authority to lease public lands for oil designation, but these lands are largely question to my esteemed colleague and gas development under the author- not protected from oil and gas develop- from New Mexico, who serves as the ity of the Mineral Leasing Act, and ment. The BLM’s ‘‘Wilderness Inven- chairman of the Energy and Natural this authority is referenced in section tory and Study Procedures’’ manual re- Resources Committee. It is my under- 602 of the energy bill. However, before quires the BLM review wilderness rec- standing that the Energy Policy Act of the BLM exercises its authority, I be- ommendations received from the pub- 2002 contains language that will direct lieve that it is important that the sec- lic, and to make a determination as to the Secretary of Energy to conduct re- retary consider the characteristics of whether there is a reasonable prob- search and development activities re- the land, including whether the land ability that the area in question may garding enhanced renewable energy. exhibits wilderness characteristics. For have wilderness characteristics. If the Within that language’s provisions for example, section 102 of the National BLM determines that the area may electric energy systems and storage, Environmental Policy Act requires the have wilderness characteristics, and if there exists language that directs the Secretary to consider ‘‘any adverse en- actions are proposed that could de- Secretary of Energy to undertake dem- vironmental effects’’ and ‘‘any irre- grade the wilderness values, the BLM onstration projects to further the de- versible and irretrievable commit- ‘‘should, as soon as practicable, ini- velopment of high temperature super- ments of resources’’ that would result tiate a new land use plan or plan conducting, HTSC, technology. I am from proposed agency actions. In addi- amendment to address the wilderness seeking the chairman’s assistance in tion, section 202 of the Federal Land values.’’ Does the chairman agree that clarifying the specific factors and goals Policy and Management Act requires section 602 does not alter this policy, that are meant to be associated with the Secretary to develop and maintain that the BLM must review wilderness these demonstration projects. land use plans for public lands adminis- proposals it receives from the public? It is my understanding that the tered by the BLM, using and observing Mr. BINGAMAN. The Senator is cor- HTSC technology demonstration the principles of multiple use and sus- rect, Section 602 does not change any projects, which may include HTSC ca- tained yield, and among other criteria, existing requirements or policies, in- bles, fault current limiters, and power ‘‘giv[ing] priority to the designation cluding the potential wilderness review transformers, are meant to focus on and protection of areas of critical envi- policy. the development of second generation ronmental concern.’’ Does the Senator Mr. FEINGOLD. I thank the chair- YBCO-based superconductors that will from New Mexico agree that section 602 man. make several significant contributions of the Energy Policy Act does not PROTECTING LEASES ON THE OUTER to the electrical system. Furthermore, change the Secretary’s obligation to CONTINENTAL SHELF the high temperature superconductor comply with all laws and regulations Mrs. BOXER. Mr. President, I rise to technology demonstration projects applicable to the BLM’s onshore oil discuss an amendment that I have been should also have a minimal adverse im- and gas program, including applicable working on with several of my col- pact on the environment and land use, requirements under NEPA, FLPMA, leagues for some time now. The amend- and produce environmental benefits by and other laws designed to protect en- ment is based on S. 1952, a bill that reducing reliance on oil as a cooling vironmental values and sensitive areas would reacquire and permanently pro- agent in electric power devices and re- on public lands? tect certain leases on the Outer Conti- ducing harmful emissions caused by Mr. BINGAMAN. The Senator from nental Shelf off the coast of California fossil-fuel-powered generating plants. Illinois is correct. Section 602 simply by issuing credits that can be used to

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.108 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3409 develop energy resources elsewhere in Energy Bill and will instead try to I would just like to clarify that as the country. build consensus around this concept. I this Energy Policy Act of 2002 moves As you know, for decades, Califor- am committed to continuing to work into conference, if the good Senator nians have opposed oil and gas drilling on this issue with my colleagues be- from Kansas that it might be appro- along their coasts. We vividly remem- cause I know they too are committed priate to move some of the detailed ber the horrific oil platform rupture to the same goal. language under your amendment’s sec- and oil spill that occurred off the coast Mr. CAMPBELL. Mr. President, I rise tion (c) to the subsequent conference of Santa Barbara in 1969. The ecologi- to associate myself with the goal of the report so that it gives the proper guid- cal implications of that spill and the Senator from California. One of the ance and intent to the deparment? many other spills and leaks associated California lessees has their head- Mr. ROBERTS. I thank my good col- with the rigs that are currently along quarters in Colorado. I know that this league from New Mexico for under- our coast are still being felt by Califor- company has wasted a great deal of standing the reason why this amend- nians living along the coast. time, money and effort in the unpro- ment is important to not only my state Unfortunately, 36 more leases off our ductive leases off the coast of Cali- but the safety of future underground coast remain eligible for oil and gas de- fornia. It is time for this company to shallow gas structures in the entire velopment and four additional leases be allowed to recoup its costs so that U.S. I look forward to working with remain in legal limbo. they can be redirected to more prom- him and the Senate conferees on the That is the last thing Californians ising development opportunities else- energy bill to ensure the proper report want or need. where. language is in the conference report In fact, the State of California has We need to enhance our domestic en- based on the legislative language in my taken the Department of the Interior ergy production in the interest of na- amendment. to court over whether the State has the tional security, and so we have to find AMENDMENT NO. 3185 ability to deny these leases. I strongly a way to reconcile the competing inter- Mr. KYL. Mr. President, on April 22, support the State in this effort and ests of the California environmental- I submitted amendment No. 3185 which have joined Representative CAPPS of ists, the Department of the Interior addresses service obligations of load- California in filing an amicus brief in and the oil companies. We can all agree serving entities. This amendment gives support of the State’s position. that our nation needs to produce more specific direction to FERC in exer- I believe every State should have the energy and that we must do so in envi- cising that authority. It amends title right to deny oil and gas development ronmental sensitive ways. However, II of S. 517 to require FERC to ensure off their shores, as offshore activities the owners of the leases have had their that utilities with service obligations inevitably impact the people and re- hands tied in California for 20 or more are able to retain existing firm trans- sources that are onshore. Last year, I years to no one’s satisfaction. It is mission rights in order to meet those reintroduced legislation, the Coastal time to move on, so that both impor- obligations. States Protection Act, to place a mora- tant national goals can be met. This amendment allows FERC to go torium on new drilling leases in Fed- I applaud the efforts of Senator forward with its program to establish a eral waters that are adjacent to State BOXER to continue to seek a com- standard market design for wholesale waters that have a drilling morato- promise that balances the environ- electric markets while at the same rium. That bill, however, addresses mental concerns with the need to fairly time ensuring that transmission own- only future leases. compensate the companies for their ers and holders of firm transmission With regard to the undeveloped exist- leases so they can redirect their efforts rights under long-term contracts are ing leases off of California’s coast, I be- toward the production of more energy able to retain sufficient transmission lieve a proactive approach is needed. for our nation. rights to meet their service obligations These leases are in the midst of pro- Mr. BINGAMAN. Mr. President there under Federal, State, or local law, and tracted and contentious litigation. I do is no aggressive advocates on this issue thereby to protect retail customers. not believe, however, that any inter- than Senator BOXER. I am willing to This amendment has been reviewed ests are best served by waiting for the continue working with her to see if by the Administration, FERC and a courts to sort this out. I have been ap- there is a solution that addresses the number of key participants in the elec- proached by California lessees that environmental concerns of her state, tric restructuring debate. I believe we want out of California. I want them the concerns of the oil and gas indus- have some agreement on the concept, out; the State wants them out; and the try, and the need to develop additional but need more time to work out the people of California want them out. In- energy resources. I also want to thank language. Accordingly, I am not offer- stead of hoping the courts reach the the Senator for her willingness to put ing the amendment now but would like same solution, I think it vital that we their issue aside for now so that con- to work with the managers of the bill seek legislative action to eliminate sensus can be reached. I am hopeful to come up with an acceptable version. any threat of future drilling off Cali- that through continued efforts we will Mr. MURKOWSKI. I thank the Sen- fornia’s shores and remedy this situa- be able to achieved that consensus. ator from Arizona for bringing this tion as soon as possible. COMPREHENSIVE STUDIES OF SHALLOW UNDER- very imporatnt concept to our atten- That is why I have continued to work GROUND STRUCTURES HOLDING NATURAL GAS tion. We very much want to work with on this language with my colleagues to Mr. BINGAMAN. I would like to pose him to develop an acceptable service find a compromise that would protect a question to my esteemed colleague obligation amendment. the fragile environment off the Cali- from Kansas. It is my understanding Mr. BINGAMAN. I thank the Senator fornia coast and at the same time redi- that there was a terrible accident in- from Arizona for not pursuing his rect the financial resources for energy volving the death of several people in amendment at this time, and I agree to production to other areas where it can Kansas from the leakage of natural gas work with him to try to find an accept- be used to meet our country’s energy from a shallow underground storage able solution. To further this effort, I needs. structure. As a result, you are offering am willing to hold a hearing on the In short, we are working to rid Cali- a noncontroversial amendment to au- matter. fornia of unwanted drilling, end a pro- thorize the Department of Energy to Mr. SMITH of New Hampshire. Mr. tracted legal battle in which nobody conduct a detailed study on the engi- President, I am very pleased that the wins, and free the financial resources neering and geology aspects of these energy package the Senate will pass of the lease owners so that they may shallow underground structures so that contains a solution to the MTBE prob- produce energy elsewhere. Our goal is a their safety can be assessed on a rig- lem. This comprehensive MTBE legis- win-win situation. orous basis. I appreciate my colleague’s lative package protects our drinking However, this is a new idea that has desire to work with me on addressing water while preserving air quality and significant implications and we have this issue in conference. I agree with minimizing negative impacts on gaso- not yet been able to work fully through him that it can be dealt with in the line prices and supply. Solving the all of the details. For that reason, I conference appropriately without tak- MTBE has been one of my top prior- will not offer this amendment to the ing up valuable Senate floor time. ities for over two years. My legislation

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.085 pfrm12 PsN: S25PT1 S3410 CONGRESSIONAL RECORD — SENATE April 25, 2002 was voted out of committee both last the Majority Leader for working so We have tried to explain that produc- Congress and this Congress, and I am hard with me and other members to tion is below capacity because the mar- pleased that it was finally passed by hammer out a compromise package ket for ethanol at a fair price is below the full Senate. and ensuring passage. Senators MUR- production capability. In previous tes- As Chairman of the Environment and KOWSKI, INHOFE, and VOINOVICH were in timony, I have explained that certain Public Works Committee, I held a field tough positions but they worked tire- big oil and gasoline companies simply hearing in Salem back in April 2001 to lessly to come to this agreement— refuse to use ethanol even when whole- hear from the folks in New Hampshire without them, we could not have sale price is well below the wholesale about their MTBE problems. I have solved the MTBE problem. I would also price of gasoline and ethanol’s high oc- come to the floor on several occasions like to thank the stakeholders, includ- tane number is a free benefit. The RFS to speak specifically about New Hamp- ing the refiners, ethanol producers, and will change that situation. shire families and small businesses environmental groups—all of whom However, to ease the concern of the that have been impacted by MTBE con- have worked with me over the last few RFS opponents, we have accepted their tamination. I have visited with many years to reach a consensus. production number of 1.7 billion gal- of my constituents who suffer with Last, I would like to thank all the lons in 2001—not the 2.3 billion gallon MTBE contaminated wells. Senate staff who worked on this pack- capacity. The Miller family—Christina and age. Specifically, I would like to men- There are currently 16 new plants Greg, and their son Nathan—live in tion David Conover, Chris Hessler, under construction that will add an- Derry, New Hampshire. This young Melinda Cross, Eric Washburn, Chris other 400 million gallons of capacity, family has been struggling for over Miller, Alison Taylor, Janine Johnson, raising the total to 2.7 billion gallons three years with the MTBE contamina- Dan Kish, Jamie Karl and Andy Wheel- of ethanol by year’s end. Again, taking tion in their well. I spent time at the er. I am pleased that this comprehen- our opponents numbers, total produc- Four Corners Store and surrounding sive solution is supported by so many tion is forecast at 2.2 billion gallons. homes in the Town of Richmond, New of my colleagues. From a review of proposed new eth- Hampshire. Although the store’s under- Mr. BIDEN. Mr. President, the en- anol plants in various stages of plan- ground storage tanks are in compliance ergy bill that we will pass today is not ning, design, engineering, permitting with the law, an MTBE plume persists the most perfect bill—there are a num- and financing, we can very conserv- from a tank that leaked years ago. ber of things in this bill that I don’t atively estimate that another 300 mil- This plume has contaminated a number like. What we will pass today is the lion gallons of production capacity will of private wells of the homes near the product of two months of debate and come on line in 2003, to give us a total Four Corners Store. The Goulas and changes, and it is a compromise. It of- of 3 billion gallons capacity and 2.5 bil- Frampton families who live close to fers the basis for a comprehensive and lion gallons of production, using the es- the Four Corners Store, were kind balanced plan to address the energy timates of RFS opponents. enough to invite me into their homes, needs of this country. I know ethanol plant operators; they and show me the massive treatment Anyone who drives a car or pays an will exceed nameplate capacity when system that had been installed by the electric bill knows that over the past the market is there and the price is State. I am very pleased that I can tell two years there have been huge fluc- fair. We should also have well over 70 these families and many others in New tuations in oil and gas prices. The bill million gallons of biodiesel production Hampshire that we are one important that will pass the Senate today by a bi- by 2004. This is equivalent to about 100 step closer to having an effective solu- partisan vote will increase energy sup- million gallons of ethanol, using the 1.5 tion to the MTBE problem. plies—fossil fuels and alternative to 1 ratio for biodiesel and cellulosic Specifically, this legislation bans sources such as ethanol, biodiesel, biomass allowed by the RFS. MTBE; provides money for the cleanup wind, solar and geothermal—will help Consequently, without unforeseen ob- of MTBE; eliminates the oxygen man- stabilize prices, and will do so in an en- stacles, America will have the capa- date in the RFG program, and main- vironmentally sensitive way. It pro- bility to produce about 3 billion gallons tains the current level of air quality vides tax incentives to spur new oil and of ethanol when the RFS requirement protection. Additionally, the legisla- gas production and development of re- is only 2.3 billion gallons to be used tion requires the Environmental Pro- newable sources, while also promoting throughout 2004—giving us still more tection Agency (EPA) to conduct an responsible conservation. It includes construction time in 2004. If a disaster expedited review of state petitions to important consumer protections and hits, there are safety features in the suspend the oxygen mandate in the assistance for low income persons, par- RFS to deal with the problem. RFG program. If the EPA fails to com- ticularly the elderly who live on fixed I might add it is far more likely that plete the review of a State petition incomes. And I was also pleased that a disaster in oil and petroleum product within 30 days, the petition will auto- this bill protects the Arctic National availability will occur than a shortage matically be granted. This provision Wildlife Refuge from oil drilling, and in the supply of ethanol. Should a fos- could allow New Hampshire to begin to takes important steps toward cutting sil fuel disaster hit, ethanol supplies eliminate MTBE from the fuel system greenhouse gas emissions. will be most welcome in keeping the even before the oxygenate mandate is I am voting in favor of this bill today price of gasoline down. lifted. because it provides an important I will add to the RECORD an op-ed ar- Finally, the language includes $2 mil- framework for a national energy pol- ticle written by a professor of rural so- lion for the research of techniques to icy. I think that there is more we can ciology and environmental studies at cleanup bedrock contamination and to do and I am hopeful that in conference, the University of Wisconsin in Madi- establish a clearinghouse for sharing the House and Senate will work to- son. It appeared in The Washington the information. According to Dr. gether to improve this legislation. Post on April 4. It is titled ‘‘Why We Nancy Kinner, a scientist from the Mr. NELSON of Nebraska. Mr. Presi- Can’t Drill Our Way to Energy Inde- University of New Hampshire, tracking dent, I rise to explain the reality of pendence.’’ Professor Freudenburg ends and cleaning up MTBE in fractured ethanol production in the United his article with these thoughts: ‘‘Only bedrock is one of the greatest chal- States and do so in opposition to the if we recognize the facts can we start lenges we face as a result of MTBE amendment to postpone the renewable to talk about a realistic energy policy. leaks. This research will help to ad- fuels standard implementation date. If the United States is ever to become dress that problem. There are currently 61 ethanol plants energy-independent again, it won’t be Mr. President, this was not an easy with the capability of producing 2.3 bil- because of oil.’’ compromise to reach, but we have lion gallons of ethanol per year, the The professor is right, and Senator come together on an effective solution. amount required by the current RFS KERRY was right when he said we have I want to thank Senator DASCHLE for on the starting date of January 1, 2004. to create our way out of our dangerous including my MTBE legislation in this Some opponents of the RFS claim eth- dependence on foreign oil dependence. energy package from the beginning of anol plants operate at only 82 percent I wish my colleagues, determined to this process. I would also like to thank of capacity. weaken the ethanol industry, would

VerDate 11-MAY-2000 06:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.087 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3411 join the creative team by recognizing and octane needs. The availability and Nixon’s ‘‘Project Independence’’ first ethanol, biodiesel and other biofuels costs of alkylates are unknown. The brought the issue of energy policy (and the are a big part of the solution. We are adverse environmental and health ef- idea of energy ‘‘independence’’) to the minds of most Americans, the country moved deci- all patriots. We are clear-sighted and fects of aromatics are well known. sively in just the opposite direction from determined to protect our national in- Therefore, to accept aromatics and to independence. Even during the massive push terest abroad and homeland security in oppose ethanol is a disservice to the to increase U.S. oil production in the years America. people of California. of Ronald Reagan and James Watt, the only We seem, however, myopic in fully The opponents of ethanol bring up real effect was a tiny increase in the U.S. appreciating that transportation fuels the possibility of price fixing by the proportion of world oil production—from 14.5 do much more than move us to our ethanol industry. I believe bringing percent to 16.8 percent—between 1980 and jobs, our kids to school and goods to such unsubstantiated claims to the 1985. By the time Reagan left office, physical re- the market. They are absolutely vital Senate, and used as arguments to dam- ality had reappeared, and the U.S. share of to our economy, our well being—and to age the ethanol industry in its entirety world oil production was even lower than national and homeland security. Inter- while the future of ethanol is being de- when he started. In recent years, we have rupt the flow of fossil fuels in our bated, is regrettable. This sudden flood produced less than a tenth of the world’s oil. transportation sector and we are weak- of media on this issue cast suspicion on Why have politicians been arguing about ened in all of these sectors. the reality of these claims, and leads oil exploration on the northern edge of Alas- We must break that direct connec- one to believe that enemies of ethanol ka, even as we keep moving further off the tion between fossil fuel imports and southern edge of the continent, into the are simply continuing their campaign ever-deeper waters of the Gulf of Mexico? It’s the overall well being of America. We to tarnish ethanol’s reputation and the simple: We’ve already drained almost every- can do so through the biofuels provi- industry in its entirety. thing in between. sions in the RFS. If there are concerns about the price Politically savvy spin doctors may be able If we were real patriots, we would of ethanol, the reality of the market- to get many Americans to overlook the push beyond the goal of about 3 percent place should provide needed comfort. facts, at least in the short run, but they replacement by 2012 and set a goal of 10 At the wholesale level, ethanol prices aren’t going to change reality, and the aren’t percent or about 14 billion gallons by are well below those for MTBE, eth- going to turn back the clock. According to the American Petroleum Institute, the that year. In Nebraska, Iowa, Min- anol-free gasoline, the aromatics and, United States is now down to just 3 percent nesota, and Illinois we are already well we assume, alkylates, since wholesale of the world’s proven reserves of oil. Wishful above the 10 percent mark. prices for this gasoline component are thinking isn’t going to change that. For almost all States outside the not available. Unless the politicians can figure out how Corn Belt, there are ample supplies of The RFS is the best option we have to turn their hot air into oil, we need to face cellulosic biomass including agricul- to reduce our dangerous dependence on the facts: It is no longer possible for the tural and forestry crops and residues, imported oil and to gain other benefits United States to drill its way to energy inde- rights-of-way, park, yard and garden pendence. This country simply doesn’t have I have already outlined. It is time to that much oil left, and if we use that oil fast- trimmings and the biomass and frac- bring this debate to a close and to seri- er, we will just run out sooner. tion of municipal waste that is a dis- ously move forward with national de- Only if we recognize the facts can we start posal problem, and ends up in land fills termination to lead the world in the to talk about a realistic energy policy. If the and sewers. production of biofuels, bioelectricity United States is ever to become energy-inde- We are on the cusp of the science and and biochemicals using cellulosic bio- pendent again, it won’t be because of oil. technologies to cost effectively convert mass and waste streams as feedstocks. Mr. FEINGOLD. Mr. President, en- this biomass into biofuels, bioelec- Mr. President, I ask unanimous con- ergy policy is an important issue for tricity and biochemicals. That is why I sent the op-ed from the Washington America, and my Wisconsin constitu- am promoting a ‘‘Manhattan’’ type ap- Post be printed in the RECORD. ents take it very seriously. The bill be- proach in order to rapidly move for- There being no objection, the mate- fore us seeks to address the balance of ward with large demonstration plants rial was ordered to be printed in the domestic production of energy re- and then on to full commercialization. RECORD, as follows: sources versus foreign imports, the By working together and with ade- [From the Washington Post, Apr. 24, 2002] tradeoffs between the need for energy quate resolve, we can make the 10 per- WHY WE CAN’T DRILL OUR WAY TO ENERGY and the need to protect the quality of cent goal and go beyond to the benefit INDEPENDENCE our environment, and the need for ad- of America’s national, energy, and (By William R. Freudenburg) ditional domestic efforts to improve homeland security and its economy WASHINGTON, Apr. 24.—It’s time for a re- our energy efficiency, and the wisest through new basic industries, quality ality check on energy policy. use of our energy resources. Given the jobs and an expanded tax base. The en- Politicians are fond of claiming that in- importance of energy policy, an energy vironmental benefits are equally im- creased domestic oil production can restore bill is a very serious matter, and I do portant. energy ‘‘independence,’’ but anyone who ac- not take a decision to oppose such a If the Senator from California is con- tually believes those claims is living in a bill lightly. Mr. President, in my view, cerned about ozone formation resulting world of self-delusion. U.S. energy independ- this bill does not achieve the correct from the introduction of ethanol, she ence hasn’t been physically possible since the days when Elvis was still singing, and if balance on several important issues, should look to Chicago and Milwaukee we’re talking about oil, it won’t ever be pos- and I will oppose this bill. where they have been essentially using sible again. Though the bill as amended will revi- ethanol blends for years with air qual- There are two reasons. One is that the talize the Federal Government’s re- ity steadily improving. United States simply uses too much oil, too sponsibility to regulate fuel economy, If the California Senators are con- wastefully. The other is that we’ve already it weakens current law and exempts cerned about benzene in their ground burned up almost all the petroleum we have. pickup trucks from any future in- water, they should call for reductions The calls for ‘‘energy independence’’ aren’t creases in fuel economy standards. The in benzene and other aromatics in gas- based on realism; they’re based on nostalgia. To be fair, we’ve had quite a petroleum his- amendment by the Senator from oline. These other aromatics, toluene tory. Back in 1859, the United States was the Michigan, Mr. LEVIN, on fuel economy and xylene, partially break down into country where the idea of drilling for oil which I supported requires the Depart- benzene, a potent carcinogen, in the originated, and for nearly a century there- ment of Transportation to develop new combustion process, both in the engine after, we were a virtual one-nation OPEC. fuel economy standards in 15 months and the catalytic converter. Ethanol Save for a few years around the turn of the for light trucks and 24 months for pas- can replace these aromatics to the last century, the United States produced senger cars. Taking pickup trucks off overall benefit of the environment. over half of all the oil in the world more or the table undermines a serious effort to California will ban MTBE in 2004. less continuously until 1953. But ever since then, our proportion of re-think our fuel economy policy in a Yet, the California Senators oppose the world oil production has been dropping, with rulemaking context, and it is a direc- introduction of ethanol to replace only minor fluctuations, no matter how tion I oppose. MTBE. They want to turn to the aro- much our politicians have tried to stop the In addition, Mr. President, as intro- matics and alkylates to meet supply slide. Ironically, around 1973, when President duced, this bill contained a renewable

VerDate 11-MAY-2000 06:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.109 pfrm12 PsN: S25PT1 S3412 CONGRESSIONAL RECORD — SENATE April 25, 2002 energy portfolio standard requiring toluene, ethyl benzene, and xylene. So interests of our economic or national electric utilities to generate or pur- this is a dangerous waiver. security. chase 10 percent of the electricity that The energy bill does not do enough to I am also pleased with Senator they sell from renewable sources by protect consumers from another elec- BAYH’s leadership on clean-burning 2020. I supported an amendment offered tricity crisis. I worked to include a school buses, and I look forward to con- by the Senator from Vermont, Mr. JEF- measure in this bill that would have tinuing our work together on this very FORDS, to increase this percentage to 20 guarded against future market manipu- important issue. percent, but on the floor the Senate lation by companies like Enron by in- But I think this bill doesn’t do adopted amendments to water it down creasing oversight of the electricity enough to ensure that efficiency is a to 8 percent. Moreover, with the ex- market. Companies would be far less serious component of our energy pol- emptions for some utilities added to likely to gouge consumers if these ad- icy. I commend Senators KERRY and the bill, the real effect will be about 4– ditional protections were in place, but MCCAIN for their efforts on fuel econ- 5 percent new generation from renew- the Senate refused to pass this vital omy standards, but I’m very dis- able sources by 2010. We can and should measure. appointed in the vote on CAFE. I’m do more to use renewable sources of en- Also, I am disappointed that the Sen- also disappointed that the Senate ergy, and this bill should have set a se- ate walked away from reasonable fuel couldn’t find an agreement to set broad rious target. economy standards and stronger air goals for fuel consumption as reflected In addition, this bill repeals the pro- conditioner efficiency standards, which in the Carper amendment. I fear we consumer Public Utility Holding Com- are so important to our environment will be forced to revisit this issue again pany Act, the Federal Government’s and to lessening our dependence on for- sooner rather than later. most important mechanism to protect eign oil. I’m very concerned that we didn’t do electricity consumers. The Senate The ‘‘good guys’’ have had few wins. enough to protect consumers in this failed to adopt the amendment by my We were able to keep the provision of bill. Energy industries wanted fewer colleague from Washington, Mrs. CANT- the bill to provide tax credits for alter- regulatory restrictions, and were re- WELL, to strengthen consumer protec- native energy sources and alternative warded in this bill. The underlying bill tions which I helped write and co-spon- fuel vehicles. And we defeated an at- had adequate consumer protections, sored. The bill should have given the tempt to open the Alaska Wildlife Ref- but they were watered down by amend- Federal Government more oversight uge to drilling, for which I am very ments. In today’s fast-paced world of over utility mergers and should have thankful to the grassroots of California energy trading, and mergers, we should prevented utilities from passing on the for all their efforts. But drilling in err on the side of transparency and costs of bad investments to consumers Alaska did get 46 votes, and I am con- consumer protection. The energy bill and from using affiliate companies cerned that with the bill passing the doesn’t do that. from undercutting small businesses. Senate, drilling in Alaska may not be I’m particularly concerned about the Also the electricity provisions of the dead in the conference committee. potential harm to the environment in bill do not re-regulate trading of en- In conclusion, the bill does more this bill. This bill supports hydraulic ergy derivatives. This would have been harm than good for the people of Cali- fracturing. It forces States to use eth- addressed by an amendment offered by fornia. anol—and while ethanol clearly ad- the Senator from California, Mrs. FEIN- Mr. KENNEDY. Mr. President, I must dresses air pollution, I’m concerned STEIN, which I supported, which would rise, regrettably, to oppose the energy that the residue created by ethanol, have fostered a more stable market bill. This legislation means higher gas known as EBTE, could pollute our with transparent transactions and prices and lower environmental protec- water supply. We shouldn’t be trading helped to prevent another Enron. tions for the American people, and it clean water for clean air. Finally, I am also concerned that we should be opposed. The fuel oxygenate mandate provi- added $14 billion in tax breaks without I commend Senators BINGAMAN and sions are cumbersome for Massachu- paying for them on this bill. Our budg- DASCHLE for their leadership and their setts. It forces our state to use more et position has deteriorated signifi- tireless work on this initiative. I be- ethanol than it will be able to accom- cantly over the last year, in large part lieve I could have lived with many sec- modate for several years. The infra- because of the massive tax cut that tions of the bill as introduced. I know structure to transfer ethanol is inad- Congress enacted. We now face years of there are many issues regarding our equate, and when Massachusetts finds projected budget deficits. The only way national energy policy upon which Sen- itself unable to meet the mandate, it we will climb out of this deficit hole is ator DASCHLE, Senator BINGAMAN and I will be forced to pay a credit—increas- to return to some sense of fiscal re- agree. However, in my opinion the bill ing gas prices at the pump. I’m also sponsibility, and first and foremost in its current form falls far short of the concerned about the impact to the that means making sure that the bills mark for environmental and consumer highway trust fund—Federal resources we pass are offset. Without offsetting protections, and forces us to rely on oil from the gas tax should be spent on re- the cost of the tax package, we are more than innovation for our energy pairing and constructing roads and digging our deficit hole even deeper needs for the foreseeable future. bridges. More ethanol would reduce the and adding to the massive debt already The energy bill as introduced wasn’t revenues in this fund and compromise facing our children and grandchildren. as bold as it could have been, but it our ability to maintain our transpor- The American people deserved better represented an improvement over the tation infrastructure. with this bill, and I cannot vote in status quo. It had higher goals for re- I am very concerned about the liabil- favor of it. This measure will need to newable energy. It maintained some ity protections given to industry. improve in Conference to get my vote, consumer protections. There are still We’re subsidizing and capping the li- and I look forward to an improved bill. provisions in this bill that deserve ev- ability costs of the nuclear industry in Mrs. BOXER. Mr. President, I will eryone’s support. It’s true that we are this bill—I believe if you’re not pre- vote against the energy bill because it raising the bar a bit in calling for re- pared to bear the total costs of nuclear is a bad bill for California and the na- newable energy, though not enough. power, then you shouldn’t enter the tion. We’re providing some tax credits for business. We’re giving blanket product The bill includes an ethanol mandate renewable energy production and en- liability protections to fuel additive for California that will raise gas prices. ergy efficiency. We’re improving pipe- manufacturers, even though we don’t Cleaner air for California can be line safety. We’re investing resources have adequate information on their achieved without this mandate. Eth- in making renewable energy more effi- safety if they drain into our drinking anol has been given a liability waiver if cient and profitable. We’re conducting water. An energy bill should be about there are adverse consequences from research on finding the most appro- innovation, conservation, and secu- its use. I tried to eliminate this waiver priate and effective places to site re- rity—not about providing yet more li- but lost on a 42–57 vote. We already newable energy facilities. We spoke ability protections for corporations know that ethanol may spread plumes very clearly that drilling in the Arctic when their products hurt people or the of harmful chemicals, such as benzene, Natural Wildlife Refuge is not in the environment.

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.113 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3413 This bill has some improvements, but Another big benefactor in this bill is industry now. Now, we have eliminated I’m sure the Senate could do better. the ethanol industry. Not only does the discrimination in favor of chick- Mr. MCCAIN. Mr. President, regard- this bill propose a ten-year extension ens. We are awarding the productive ing this energy proposal before the of tax benefits for the ethanol indus- use of the waste of pigs and cows. But Senate proceeds to a final vote today. try, it also requires that ethanol use in why don’t we totally eliminate this For 6 weeks, we have debated various gasoline shall be increased three-fold animal waste discrimination. Why not aspects of this energy proposal. It’s by 2012. give a credit for the waste of dogs, been the most exhaustive debate on en- Proponents of the new reformulated cats, mice, birds? The list is infinite. ergy related issues since 1992 when pre- fuel standard requirement suggest that Let’s end discrimination now and give vious energy legislation was enacted. their intention is to help farmers, a tax credit for converting all kinds of In that 10-year time span, unfortu- small ethanol producers, and replace animal waste. I am very confident that nately, conditions have only worsened. the controversial fuel additive, methyl the American taxpayer will feel that America’s dependence on foreign oil tertiary butyl ether, MTBE, which has their hard-earned money is being well has increased from 46 percent to 57 per- been proven to contaminate ground- spent. And if you believe that state- cent. In 1992, gas prices were $1.13 per water. This new ethanol requirement is ment, I’m sure that there is some wa- gallon. But, in recent times, consumers so important to its sponsors that they terfront property in Gila Bend, AZ, you have had to absorb several price spikes willingly override continuing public would be interested in buying. in gasoline prices, some in excess of $2 and scientific concerns about ethanol’s Again, my concern is that the special per gallon. Special interest tax sub- impacts on the environment and public interests continue to benefit at the ex- sidies are also on the rise. In 1992, the health. Unanswered questions remain pense of hard-working American tax- Congress enacted $1.5 billion for energy about the Nation’s production and payers. I regret that I cannot support a tax credits and benefits for 5 years. transportation readiness for this ex- bill that is so detrimental to taxpayers This Senate bill includes more than $13 panded market. Billions will continue and does little to improve national en- billion for 10 years, and this amount to be drawn from the Federal treasury ergy security. could increase since the House-passed to subsidize the ethanol industry. Mr. KERRY. Mr. President, today the The ethanol industry has enjoyed ex- energy bill includes more than $30 bil- Senate completed consideration of the tremely generous subsidies for close to lion in energy tax subsidies. energy reform bill after 6 weeks of de- As I listened to many of my col- 30 years. By any business standard, it bate. I voted yea on final passage. Be- leagues debate these various issues on should be more than aptly competitive. fore we began debate on this legisla- the Senate floor, the consistent mes- This is a free market economy, yet, tion, I gave a talk here in Washington sage I have heard from both sides of here we are, essentially guaranteeing at the Center for National Policy out- the aisle is the need for a balanced en- the ethanol industry a monopoly on lining a sound energy policy for this ergy policy, increasing U.S. energy sta- the gasoline market for the next 10 Nation. Despite my vote for the energy bility, and protecting American con- years. Plus, this bill continues the 5.3 bill, I believe that the Senate has fall- sumers. These are all laudable and im- cents-a-gallon tax subsidy and other portant goals. The end result, however, ethanol tax benefits, which drain $1 bil- en far short of crafting a sound energy is a bill that falls significantly short of lion annually from the Federal treas- policy for this nation. The Senate did not enact a national these goals and represents more bene- ury. By tripling the amount of ethanol energy policy today. I should add that fits to special interests than to the use, this amount could raise to $2.5 to the House and President has failed at American people. $3 billion a year. This is poorly con- that task, as well. Why then am I vot- One of the stated objectives of this ceived public policy, and blatant cor- ing for the Senate bill? Because the new energy policy is to reduce Amer- porate welfare at its worst. ica’s dependence on foreign oil. Regret- Back in March of this year, I voted Senate bill is far better than the Presi- tably, we missed a critical opportunity for the Job Creation and Worker As- dent’s plan or the House bill. It is criti- when the Senate rejected a proposal to sistance Act of 2002. It was the eco- cally important that the Senate have a increase fuel efficiency standards, nomic stimulus package that provided voice in this discussion and put for- which would have substantially de- temporary assistance for unemployed ward its work. After 17 years in the creased our Nation’s dependence on for- Americans and their families. At the Senate, I can see from this debate, that eign oil and also reduced greenhouse time, I stated that we should not ig- while the bill we passed today falls far gas emissions. Had we adopted an in- nore the plight of millions of Ameri- short of what the Nation needs, it is crease of fuel efficiency standards to 36 cans who were laid off and wanted to simply the most the political system mpg average by 2015, we could have po- return to work. I also said that my can bear right now. The fundamental tentially saved 2.6 million barrels of oil vote for this legislation should not be changes we need were resisted and ulti- per day by 2020. This amount is about interpreted as a total endorsement of mately defeated by the special inter- equal to present imports from the Per- all of its provisions. Indeed, I stated ests that benefit from the status quo. sian Gulf. my serious reservations about a par- And while it may be too much to ask, The Senate also rejected a modest ef- ticular provision in the bill that ex- I hold out hope that the bill can be im- fort to mitigate the growth rate of our tended a tax credit to the industry in proved in the conference process. If it Nation’s oil consumption, which in- the business of converting poultry is not improved, I do not believe I will creases each year by an estimated 2.5 waste into electricity until the end of be able to support the conference re- percent, by requiring the Secretary of 2003. port. Transportation to reduce the amount Well, guess what? The tax incentives I want to quickly outline some of the of oil we use to power passenger cars in the energy bill address the very strengths in this bill and some of the and light trucks by 1 million barrels same provision again but with a twist weaknesses. per day by the year 2015. that will cost taxpayers $2.3 billion The tax package is reasonable and Both these critical measures would over the next 10 years. In the past, this balanced. It totals about $15 billion, have gone far to improve energy effi- income tax credit has been allowed for with that cost nearly equally divided ciency, the environment, and public the production of electricity from ei- between coal, oil, gas, and nuclear and health. By increasing CAFE standards ther qualified wind energy, ‘‘closed- energy efficiency and renewable en- by 46 percent and reducing our con- loop’’ biomass, or poultry waste facili- ergy. In the context of this measure, I sumption of oil, we could also have re- ties. But the bill before us not only ex- support the assistance to clean coal, duced greenhouse gas emissions by 25 tends this tax credit until the end of marginal well production, and other percent in Arizona alone, significantly 2006, it also expands the qualifying en- areas. I strongly support the tax credit improving the air that is negatively ergy resources to include geothermal for hybrid, fuel cell, and alternative impacting our citizens. Instead, pres- energy and solar energy, ‘‘open-loop’’ fuel vehicles. I strongly support tax sure from car manufacturers and indus- biomass, and swine and bovine waste credits for efficient air conditioners, try won the day, and we rejected these nutrients. water heaters and other appliances. I modest approaches to improving en- I am certainly glad that we have strongly support the tax credits for ergy efficiency and public health. gone beyond helping the chicken waste wind, solar, biomass, geothermal, and

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.114 pfrm12 PsN: S25PT1 S3414 CONGRESSIONAL RECORD — SENATE April 25, 2002 other renewable electricity and energy continuing the fight for clean, reliable, Our bill would have saved a million production. and domestic energy and for a real en- barrels of oil a day, reduced our de- The bill contains significant provi- ergy policy for this Nation. pendence on foreign oil by 10 percent, sions to increase oil and gas produc- Mrs. FEINSTEIN. Mr. President, and prevented more than 200 million tion. As I have said, it includes new tax when the members of the Senate En- tons of carbon dioxide from entering credits for marginal well and other pro- ergy Committee, including Senator the atmosphere each year. duction. It also includes loan guaran- SCHUMER, Senator CANTWELL, Senator It was the single most important tees and prices supports for the con- WYDEN, and I, began talking about thing our country could have done not struction of a natural gas pipeline from doing a comprehensive energy bill only to combat global warming, but to the North Slope of Alaska to the Lower more than a year ago there were three become more fuel-independent at the 48 States. This will move more than 35 major things all of us said that we same time. trillion cubic feet of natural gas to wanted to see in the bill. I regret that we did not have the op- market, be the largest private works First we believed that we needed to portunity to vote on this measure as project ever undertaken in North reduce our energy consumption and the Senate instead overwhelmingly de- America, and create hundreds of thou- hence our country’s dependence on for- feated a much more ambitious proposal sands of jobs. eign oil. to significantly raise standards for all The bill also contains a very modest Second we wanted to get to the bot- vehicles. renewable portfolio standard that tom of what was happening with en- I am convinced that had we not done would require 10 percent of the Na- ergy markets in California and the that, the Feinstein-Snowe amendment tion’s electricity be produced from re- West where electricity and natural gas would have had a real shot at winning. newable energy sources by 2020. This prices were 10–25 times higher that By a longshot however, the ethanol standard is weaker than what I believe they should have been. mandate is the most troublesome pro- is possible. I have advocated that the And we wanted to do all we could to vision in the Senate energy bill. Nation set a goal of producing 20 per- ensure that a crisis of this magnitude What was also sneaked into this bill cent of its electricity from renewable could never happen again. without a hearing was essentially a sources by 2020. Unfortunately, the And third, we wanted to address glob- new gas tax that will result in a wealth Senate not only accepted a lower tar- al warming by quantitatively and transfer from California and New York get, but it adopted an amendment that measurably reducing our emissions of and other coastal States to States in undermines the integrity of the RPS greenhouse gases. the Midwest. These are still the elements I support system allowing for the purchase of in- It actually triples the ethanol mar- in an energy bill. But the simple fact of expensive credits, credits potentially ket by mandate. the matter is that these elements are below the market price of renewable And if a State does not need it, it not in this bill. forces that State to buy credits to pay electricity. Nevertheless, it is impor- First the Senate rejected Senator tant to enshrine this important con- for it. CANTWELL’s and my amendment to pro- In fact, the mandate extorts Cali- cept of a renewable portfolio standard vide transparency, oversight and au- fornia to use 2.68 billion gallons of eth- into law. thority by the Commodity Futures I supported the renewable fuel stand- anol over nine years that it does not Trading Commission (CFTC) on energy ard in the law. This provision was sup- need. derivative trading. ported by the State of Massachusetts What we saw in energy markets was All this for a substance that is al- as a way to end more costly mandates the on-line trading of energy commod- ready subsidized to the tune of 53 cents under the Clean Air Act, ensure clean ities like natural gas and electricity per gallon and protected from any for- air, end the use of polluting MTBE, and multiple times to drive up prices and eign competition through significant create a national market for corn eth- escape any federal oversight or trans- tariffs. anol, biomass ethanol, and other re- parency whatsoever. No one knows for sure how much gas newable fuels. This is what Enron was doing prices will increase because of this The bill’s most significant failure is through its on-line trading company, mandate. that it does nothing to meaningfully Enron On-Line before the company One recent analysis indicates that reduce oil consumption or enhance effi- went bankrupt. prices will increase 4 to 10 cents per ciency in the transportation sector. And Dynegy and Williams, two com- gallon across the United States if the The Senate rejected a proposal I craft- panies operating on-line exchanges Senate energy bill becomes law. ed with Senator MCCAIN that would similar to Enron On-Line have taken I believe that the price spikes in have raised fuel economy standards for over some of Enron’s market share and California will be even more severe be- America’s passenger vehicles and save are trading without oversight or trans- ginning in about 2004 as our State is 1 million barrels of oil per day by 2015. parency either. close to our refining capacity and using The result is that the Senate has fore- The Senate had the opportunity to ethanol will shrink our gasoline supply gone action on the single greatest step address this problem which arose from and force us to refine more. we can take as a nation to reduce our the Commodity Futures Modernization California also does not have the nec- dependence on oil, protect the economy Act of 2000. essary infrastructure in place to trans- from oil price shocks, and reduce harm- But instead the Senate rejected our port the ethanol to market. ful pollution. amendment which would have ensured I am particularly concerned about For the past year I have urged my that there was proper oversight for en- the limited number of suppliers in the colleagues to oppose drilling in the ergy trading. ethanol market. Arctic National Wildlife Refuge. I am So I don’t think this energy bill will In fact, one company ADM controls grateful that a majority of the Senate do a single thing that assures me that 41 percent of the market. voted to protect the refuge. I am grate- we won’t have another crisis in my And of course, nobody really knows ful that, while this bill is inadequate, state. the long-term health and environ- it does not open the refuge to oil drill- The Senate also had the opportunity mental effects of nearly tripling the ing. I will oppose any attempt to add to pass legislation to increase fuel amount of ethanol in our gasoline sup- drilling in this bill in conference with economy standards. Senator SNOWE ply. the House. and I introduced legislation last year Some evidence suggests that (1) re- As I have said, this energy bill is not that would have closed what is known formulated gasoline with ethanol pro- an energy policy for the Nation. It is a as the SUV Loophole. duces more smog pollution than refor- collection of policies, many good and That loophole allows SUVs and other mulated gas without it; and (2) ethanol many bad, that will, in total, move the light duty trucks to meet lower fuel enables the toxic chemicals in gasoline Nation only incrementally forward. It economy standards than other pas- to seep further into groundwater and is not by any means a solution to the senger vehicles. The standard is 27.5 ever faster than conventional gasoline. challenges that we face. While I voted miles per gallon for cars and 20.7 miles But just like when we introduced for this bill today, I pledge myself to per gallon for SUVs. MTBE into our gasoline we simply

VerDate 11-MAY-2000 06:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.103 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3415 don’t know what the ramifications will the use of vegetable oil and support the mercury flowing into our streams and be. tax credits in the bill. However, tax in- rivers, we can just pour more money And of course to top it off this bill centives should not discriminate be- into coal-fired power plants. An energy protects these energy producers from tween different kinds of alternative source that cripples our infants and any future liability. fuels. causes cancer is not something we And the funniest thing of all is that One of the goals of the pending en- should support under the umbrella of all this is for a gasoline additive that ergy bill is to encourage development renewable energy. California and other States hardly of renewable energy supplies. Including I am aware that incinerators have need. all sources in the tax provision will made significant strides in reducing With the exception of the winter further this effort and maximize the toxic emissions. However, as I have months in some of the southern part of positive impact on U.S. agriculture. stated above, municipal solid waste in- the State, California can meet all its I hope that we find a way to encour- cinerators still account for 20 percent Clean Air Act Standards with its own age all alternative sources of energy. of nationwide mercury emissions, and reformulated gasoline. This is important to our production still contribute to the release of highly In actuality we need to use very lit- and will strengthen our national secu- toxic dioxins. tle ethanol. rity. It is completely inappropriate to So that is why I strongly oppose this Mr. JEFFORDS. Mr. President, I incentivize the continued release of bill and I believe we will rue the day we wish to state my support for the these toxic substances as part of a pro- passed this ethanol mandate and this amendment offered by my distin- vision aimed at clean, renewable en- energy bill. Mr. BUNNING. Mr. President, I rise guished colleague from Illinois, Sen- ergy. Neither the amendment nor the un- today to talk about biodiesel, an alter- ator FITZGERALD, and to express my ex- derlying bill language would in any native source of energy. I believe that treme disappointment that it was not way undermine or hamper the current we have made great strides on this en- agreed to by this body. This very sensible amendment would ergy bill. A sensible energy policy re- incineration of municipal solid waste, quires that we boost production of do- have clarified that the incineration of and would not prohibit or discourage mestic energy sources while also bal- municipal solid waste will not be treat- new incineration. Neither the amend- ancing conservation. Biodiesel as an al- ed as renewable energy for purposes of ment nor the underlying bill language ternative fuel is one good way this en- the renewable portfolio standard and will not create new regulations regard- ergy bill will increase domestic produc- for the Federal renewable energy pur- ing incineration of municipal solid tion and lessen our dependence on for- chase requirement. waste, nor change existing ones. All eign oil. This issue arises because the burning this amendment would have done is en- I am very happy to hear that the Fi- of landfill waste in incinerators is one sure that municipal solid waste is not nance Committee’s tax proposals were method of producing electricity. It pro- encourage as a renewable energy re- added to this bill. The tax proposals in- duces only a minimal percentage of our source. cluded provisions that promote con- electricity, but creates almost one Including energy sources that result servation and expanded use of cleaner quarter of the nation’s mercury emis- in highly toxic emissions does however burning fuel. sions, and significant levels of dioxin. undermine the foundation of the re- Also in these provisions are tax cred- Dioxin, a known carcinogen, cause newable portfolio standard, which is to its for biodiesel. The tax credits are a impairment of immune, nervous, repro- help clean, renewable energies to com- good start at encouraging the use of ductive and endocrine systems, even at pete against other energy sources. biodiesel as an alternative fuel source. extremely low concentrations. Infants Mr. President, I am greatly dis- However, the tax provisions do not are particularly sensitive to dioxin be- appointed that this amendment was de- treat all biodiesel the same. cause of dioxin concentrations in feated but intend to address this issue There are many types of biodiesel in- human breast milk. Studies of infants further in conference. cluding animal fats, recycled cooking show up to 65 times the maximum Mr. REID. Mr. President, the world’s oils or restaurant greases, and vege- dioxin exposure recommended by the energy system has evolved for thou- table oils made up of soybeans, sun- Environmental Protection Agency. sands of years. flower seed, canola, safflower seed, and The National Academy of Science has Almost without trying, the global en- flaxseed. In the tax provisions, though, found that although waste incinerators ergy system has favored fuels that the vegetable oils are treated dif- have reduced their dioxin air emis- burn cleaner and more efficiently: from ferently than the animal fat and recy- sions, total dioxin releases in fly ash, wood burning in prehistoric caves to cled oils. bottom ash and other revenues have the Franklin stove of the 18th century; There should be equal tax treatment not decreased. to coal despite the fact that wood was for biodiesel. The different tax credits According to the most recent EPA more abundant; to oil required to meet for biodiesel sends a confusing signal to data, 2.2 tons of mercury were emitted the insatiable needs of a motorized the biodiesel market. It encourages from garbage incinerators in 2000. This transportation sector at the start of growth only in one area of this bene- accounts for almost 20 percent of the the 20th century; to natural gas, which ficial renewable fuel, vegetable oil. nation’s mercury emissions. Toxic can be distributed through a system of In addition, vegetable production has amounts of mercury exist in our lakes, pipes right into the kitchen or a home highly federalized subsidies and a lu- rivers and groundwater. Mercury furnace, or easily converted into elec- crative byproduct market. For in- causes neurological damage and birth tricity; and now to renewable energy stance, glycerin from soy refining is defects, resulting in developmental sources. used in a variety of food and pharma- delays and cognitive defects. Faced with uncertainties in elec- ceutical processes, and has a value ad- The renewable portfolio standard tricity energy markets, turmoil in the vantage of 10–15 cents per gallon of bio- contained in the bill is intended to pro- Mideast, the need to cut back on the diesel. The rendering industry, the pri- vide incentives and market support for fossil fuel emissions linked to global mary source of animal-based biodiesel the production of clean, renewable en- warming, local and regional air pollu- feedstocks, receives no Federal support ergy technologies. These include wind, tion that contributes to high rates of and has a more limited byproduct mar- solar, geothermal and biolass energy. asthma and smog-filled national parks, ket. One of the primary reasons for pro- the United States must diversify its The unequal tax treatment is in moting these energy sources is that energy supply using renewable energy. stark contrast to the remainder of the they give us clean power. They provide If State regulators approve Nevada energy bill. The bill includes all domes- electricity that is free of the toxic Power’s latest rate proposals for 2002, tic energy sources in its renewable en- wastes and emissions associated with Las Vegas electricity rates will have ergy provisions and treats animal and many of our traditional fuel supplies. jumped a total of 75 percent since 1999. vegetable sources biodiesel equally. Including the incineration of munic- In the same period, natural gas prices Kentucky has a large amount of soy- ipal solid waste in this category flies in have doubled. We need to change the bean crops. So, I support encouraging the face of reason. If we want to keep energy equation. We need to diversify

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.091 pfrm12 PsN: S25PT1 S3416 CONGRESSIONAL RECORD — SENATE April 25, 2002 the Nation’s energy supply to reduce 260 megawatts to meet the needs of ficult issues. I think they have made volatility and ensure a stable supply of 260,000 people—more than 10 percent of the Senate very proud in the work they electricity. We must harness the bril- Nevada’s population within 5 years. In have done. liance of the sun, the strength of the the last 5 years, wind energy has expe- Mr. LOTT. Mr. President, I cannot wind, and the heat of the Earth to pro- rienced a 30 percent growth rate. In let this opportunity go by. I will be vide clean, renewable energy for our 2001, wind energy capacity grew nation- brief so we can vote. I know Senators Nation. ally from 2,600 Megawatts to 4,300 have obligations they want to fulfill, I am also pleased that the energy bill Megawatts, a 65 percent increase. With but I have to say we do owe a debt of currently before the Senate contains a the benefit of the production tax cred- gratitude from the Senate as a whole renewable portfolio standard requiring it, wind energy is the fastest growing to the chairman and the ranking mem- that a small, gradually growing per- renewable. We need to do the same for ber of the Energy and Natural Re- centage of the nation’s power supply the other renewable energy resources. sources Committee. They have been at come from renewables such as wind, America needs to build its energy fu- this for 6 weeks. It has been at least 5 solar, biomass and geothermal sources ture on an environmental foundation years since we spent that long—I don’t over the next two decades. that protects air and water quality. think, since I have been in the Senate, I am pleased that the tax provisions A recent article in The Journal of the we have spent 6 weeks on a bill. So this of this bill strengthen the production American Medical Association revealed is a monumental undertaking. It is tax credit for renewable energy re- an alarming link between soot par- coming to a positive result. sources. ticles from power plants and motor ve- They provide bipartisan leadership. Eligible renewable energy resources hicles and lung cancer and heart dis- They have been persistent, and I thank have been expanded from wind and ease. them for that. I especially have to say poultry waste to include geothermal, This was an exhaustive study of to my colleague from Alaska, I appre- solar, open-loop biomass, and animal 500,000 people in 16 American cities, ciate his attitude. Even though I know waste. The credit has been extended for whose lives and health have been his feelings on an issue that meant so 5 years for geothermal and solar, and tracked since 1982. Experts gave the much to him and the other Senator animal waste, and 3 years for biomass. study high marks. Its conclusions are from Alaska, Mr. STEVENS, he said we We need this production tax credit to obvious—we need to do a better job had to move forward on an energy pol- provide business certainty and ensure protecting the air we breathe. icy for this country. the growth of renewable energy devel- The adverse health effects of power- You did the right thing for your opment and to signal America’s long- plant and vehicle emissions cost Amer- country. I know in the end we are term commitment to renewable en- icans billions in medical care, and our going to do the right thing for you and ergy. It is time to level the playing cost in human suffering is immeas- your State, too. field—subsidies for fossil fuels domi- urable. Simply put, the human cost of I yield the floor. nate the Federal Tax Code, with 62 per- dirty air is staggering. If we factor in Mr. DASCHLE. Mr. President, we are cent of all Federal tax expenditures environmental and health effects, the now reaching the end of 6 weeks of de- going to oil and gas companies. real cost of energy becomes apparent, bate on this energy bill. I want to After pouring billions into oil and and renewables become the fuel of thank Chairman BINGAMAN for his tire- gas, we need to invest in a clean energy choice. less leadership. future. America’s abundant and untapped re- He began this process by coordi- Other nations are developing renew- newable resources can fuel our journey nating the work of nine separate com- able energy resources at a much faster into a more prosperous and safer to- mittees, and he has done an amazing rate than the United States. In 1990, morrow without compromising air and job of shepherding this large, difficult, America produced 90 percent of the water quality. The potential is enor- and sometimes contentious piece of world’s wind power; today we generate mous. We need to expand and extend legislation to its conclusion. less than 25 percent. Germany now has the production tax credit to enable re- When we began this energy debate, I the lead in wind energy, and Japan in newable energy to compete on a play- spoke about the need to keep in mind solar energy. Foreign corporations are ing field that currently is heavily in- four key goals. I said that any energy using the same technology available to clined towards the continued produc- plan we pass should increase our en- us—in fact, many of these technologies tion of oil, gas, and coal. In many ergy independence . . . it should be were developed in the U.S. But they States, including Nevada, expanded re- good for consumers . . . it should cre- have surpassed us because their gov- newable energy production will provide ate jobs . . . and it should be respon- ernments have provide stable support jobs in rural areas—areas that are des- sible—both environmentally and fis- for renewable energy production and perate for economic growth. cally. use. America needs to reestablish its I urge my colleagues to support this In a number of places, this bill meets leadership in renewable energy. tax package, with its provisions for a those goals. In some, it falls short. But In the U.S. today, we get less than 3 production tax credit to encourage the overall, this is a far more responsible, percent of our electricity from renew- growth of renewable energy resources. progressive, consumer-friendly energy able energy sources like wind, solar, Renewable energy—as an alternative to policy than the one advanced by the geothermal and biomass. But the po- traditional energy sources—is a com- Administration, or passed by the tential for much greater supply is mon-sense way to make sure that the House. there. For example, Nevada, is consid- American people have a reliable source Our energy plan invests in new ideas, ered the Saudi Arabia of geothermal. of power at an affordable price. Renew- new technologies, and new approaches My state could use geothermal energy able energy is the cornerstone of a suc- to old problems. to meet one-third of its electricity cessful, forward looking, and secure en- It demonstrates that our energy pol- needs, but today this source of energy ergy policy for the 21st century. icy need not be a tug-of-war between only supplies 2–3 percent. This needs to Mr. REID. Mr. President, it is my un- increased production and increased change. derstanding we are now going to move conservation. This bill helps us do The good news is that the production to final passage. I would like to say, both. tax credit for renewable energy re- before everyone votes—and we will be For example, this bill encourages the sources really works to promote the very quick here—we have spent ap- construction of a pipeline to bring nat- growth of renewable energy. proximately 6 weeks on this bill. It has ural gas from Alaska to the lower In 1990, the cost of wind energy was been a tremendous amount of time and forty-eight states. There are 35 trillion 22.5 cents per kilowatt hour and, today, I have been here a lot of the time. But cubic feet of known natural gas re- with new technology and the help of a I want to extend the full appreciation serves on the North Slope of Alaska. modest production tax credit, wind is a of the entire Senate for the work done Right now, that gas is being pumped competitive energy source at 3 to 4 by the two managers of this bill. Sen- back into the ground because there’s cents per kilowatt hour. At the Nevada ator BINGAMAN and Senator MURKOWSKI no way to get it to the American con- Test Site, a new wind farm will provide have worked through some very dif- sumers who need it.

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.093 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3417 Our nation faces a long-term short- eral Energy Regulatory Commission to It has been six weeks on the floor. age of natural gas, all experts agree. make our electricity more reliable and We have had a good, open, and fair An Alaska pipeline would deliver at competitive, and will establish a small debate. We’ve debated and voted on least 4.5 billion cubic feet of gas per but important renewable portfolio dozens of amendments. day to the Midwest, the central point standard. Let us acknowledge the important of the nation’s gas delivery network. Remember, ethanol and renewable role of conservation and renewable 4.5 billion cubic feet per day is nearly energies come from American farmers sources for our nation’s energy future. ten percent of America’s daily gas con- and producers, pass through American Let us start moving towards a more sumption. refiners, and fuel American energy balanced and far-sighted energy policy. Last month, Alaska Governor Tony needs. Let us pass this bill. Knowles met with me to discuss the ad- No soldier will have to fight overseas The PRESIDING OFFICER. Under ditional provisions he felt were needed to protect them. And no international the previous order, the substitute to invigorate this project. At his urg- cartel can turn off the spigot on us. amendment, No. 2917, as amended, is ing, and with the strong support of It is important we make sure these agreed to. Senators MURKOWSKI and STEVENS, the provisions stay as part of this bill in The amendment (No. 2917), as amend- bill we are clearing for conference the conference. ed, was agreed to. On a personal note, I should add that today not only assures that any gas The PRESIDING OFFICER. The crafting this fuels compromise took pipeline from Prudhoe Bay will run question is on the engrossment and enormous effort, and I would like to through Alaska, it also seeks to assure third reading of the bill. thank Senators JIM JEFFORDS and BOB access to the gas for residential and The bill (S. 517) was ordered to be en- SMITH of the EPW Committee, as well business users in Alaska, protects ac- grossed for a third reading and was as Senators TIM JOHNSON, DICK LUGAR, cess to the pipeline for future gas dis- read the third time. BEN NELSON and CHUCK HAGEL for their coveries, and reduces the financial risk The PRESIDING OFFICER. Under vision and hard work. resulting from wildly fluctuating gas I do regret that we failed to keep the the previous order, the clerk will re- prices. vehicle fuel-efficiency provisions that port H.R. 4 by title. The provisions we added are impor- were originally in this bill—something The legislative clerk read as follows: tant to our nation’s energy and eco- that could have been done without af- A bill (H.R. 4) to enhance energy conserva- nomic security, and improve the viabil- fecting safety or performance. tion, research and development and to pro- ity of the Alaska gas pipeline project. That measure we would have saved vide for security and diversity in the energy They should be retained in conference, supply for the American people, and for American drivers billions of dollars— other purposes. and I will work with Senator MUR- and saved our nation the same amount KOWSKI and Governor Knowles to pro- of oil we are currently importing from The PRESIDING OFFICER. Under tect them. the Persian Gulf. the previous order, all after the enact- That pipeline is one example of how Bold steps like that would have ing clause is stricken and the text of S. this bill will allow us to use our tradi- moved us much closer to energy inde- 517, as amended, is inserted in lieu tional fossil fuel supplies more intel- pendence, and I hope that we can work thereof, and the clerk will read the bill ligently. to increase vehicle fuel efficiency in for the third time. Other examples include tax incen- conference. The amendment was ordered to be tives to increase common-sense con- While I am frustrated that we didn’t engrossed and the bill to be read a servation in our homes, expand the use take that large step forward, Congress third time. of renewable energy like wind, solar did the responsible thing by refusing to The bill was read the third time. and geothermal power, and encourage take a huge step backward by opening The PRESIDING OFFICER. The bill investments in new technologies to the Arctic National Wildlife Refuge for having been read the third time, the help us use energy sources like coal in oil drilling. question is, Shall the bill pass? a more clean and efficient manner. Ultimately, a bipartisan majority of Mr. BINGAMAN. I ask for the yeas And, when it comes to energy effi- the Senate concluded that drilling in and nays. ciency, this bill also says that the fed- the Arctic Refuge would do very little The PRESIDING OFFICER. Is there a eral government must lead by example. to help our economic situation or in- sufficient second? There is a sufficient I also said at the beginning of this crease our energy independence—but second. debate that we already look for the would do a lot to damage one of the The clerk will call the roll. ‘‘Made in America’’ label on our last pieces of pristine wilderness in this The legislative clerk called the roll. clothes. We need to put that same country. Mr. NICKLES. I announce that the ‘‘Made in America’’ label on our en- Finally, this bill reflects the growing Senator from North Carolina (Mr. ergy, too. bipartisan consensus that the threat of HELMS) is necessarily absent. That’s why this bill includes tax in- global climate change is real and, un- The PRESIDING OFFICER. Are there centives to help us diversify our energy less we act, will have devastating con- any other Senators in the Chamber de- supplies by harnessing the power of the sequences for our children and grand- siring to vote? wind, the sun, and the heat of the earth children. The result was announced—yeas 88, itself, and to keep the energy produced The climate change provisions in this nays 11, as follows: from those sources affordable. bill will help restore American credi- [Rollcall Vote No. 94 Leg.] And that’s also why this bill triples bility in this area and begin the long- YEAS—88 the amount of ethanol we use. overdue process of American engage- Akaka Cochran Hagel Yesterday, I was out in South Dakota ment in solving this growing problem. Allard Collins Harkin at an ethanol plant with President In the end, this bill recognizes that Allen Conrad Hatch Bush. I agree with the President when we can’t be content to pursue an en- Baucus Corzine Hollings he said, ‘‘[ethanol is] important for the ergy policy based upon the old philos- Bayh Craig Hutchinson Bennett Crapo Hutchison agricultural sector of our economy, it’s ophy of dig, drill, and burn—and begins Biden Daschle Inhofe an important part of making sure we the process of moving towards more in- Bingaman Dayton Inouye become less reliant on foreign sources novative approaches to our energy fu- Bond DeWine Jeffords Breaux Dodd Johnson of energy.’’ ture. Brownback Domenici Kerry To that I would add that it’s an im- It doesn’t get us all the way there, Bunning Dorgan Kohl portant way of keeping our air clean, but it gets us moving in the right di- Burns Durbin Landrieu as well. rection. Byrd Edwards Leahy Campbell Ensign Levin Tripling the use of ethanol is a win, I am hopeful that we can continue to Cantwell Enzi Lieberman win, win, and I’m glad that’s what this move even further in that direction Carnahan Fitzgerald Lincoln bill does. when this bill goes to conference. But Carper Frist Lott The electricity provisions in this bill for that to happen, we need to pass this Chafee Grassley Lugar Cleland Gregg McConnell will shore up the authority of the Fed- bill now.

VerDate 11-MAY-2000 06:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.100 pfrm12 PsN: S25PT1 S3418 CONGRESSIONAL RECORD — SENATE April 25, 2002 Mikulski Santorum Thomas NOMINATION OF JOAN E. LAN- Justice Lancaster, like Judge Miller Sarbanes Thompson Murkowski Sessions Thurmond CASTER, OF MINNESOTA, TO BE Griesbach, received the support of her Murray Shelby Torricelli UNITED STATES DISTRICT Senators, Democrats who endorsed this Nelson (FL) Smith (NH) Voinovich JUDGE FOR THE DISTRICT OF Bush nominee. Both nominees appear Nelson (NE) Smith (OR) Warner MINNESOTA to be the type of qualified, consensus Nickles Snowe Wellstone Reid Specter Wyden The PRESIDING OFFICER. Under nominees that the Senate has been Roberts Stabenow the previous order, the Senate will pro- confirming expeditiously to help fill Rockefeller Stevens ceed to the nomination of Joan E. Lan- vacancies on our Federal courts. I con- NAYS—11 caster, of Minnesota, to be United gratulate them and their families. Boxer Graham McCain States District Judge for the District With today’s votes on Judge Clinton Gramm Reed of Minnesota, which the clerk will re- Griesbach and Justice Lancaster, in Feingold Kennedy Schumer port. fewer than 10 months of Democratic Feinstein Kyl The assistant legislative clerk read leadership, 50 judicial nominees have NOT VOTING—1 the nomination of Joan E. Lancaster, been confirmed. That number exceeds Helms of Minnesota, to be United States Dis- the number of judicial nominees con- The bill (H.R. 4) was passed. trict Judge for the District of Min- firmed during all of 2000, 1999, 1997 and (The bill will be printed in a future nesota. 1996, four out of six full years under Re- publican leadership. I would like to edition of the RECORD.) Mr. LEAHY. Mr. President, with to- Mr. BINGAMAN. I move to recon- day’s votes on Judge William commend all Senators, but in par- sider the vote and move to lay that Griesbach to the U.S. District Court ticular the members of the Judiciary motion on the table. for the Eastern District of Wisconsin Committee, for their efforts to con- The motion to lay on the table was and Justice Joan Lancaster to the sider scores of judicial nominees for agreed to. United States District Court for the whom we have held hearings and on The PRESIDING OFFICER. Under District of Minnesota, the Senate will whom we have had votes during the the previous order, the Senate insists have confirmed its 40th and 41st dis- last several months. on its amendment, requests a con- trict court judges in the less than 10 Mr. HATCH. I rise to support the ference with the House on the dis- months since I became chairman this nomination of Joan Ericksen Lan- agreeing votes of the two Houses, and past summer. This is in addition to the caster to be U.S. District Judge for the the Chair is authorized to appoint con- nine judges confirmed to the courts of District of Minnesota. I have had the pleasure of reviewing ferees in the following ratio: Energy appeal. Justice Lancaster’s distinguished legal Committee, 6 to 5; the Finance Com- With today’s votes, the total number career, and I have concluded as did mittee, 3 to 2. of Federal judges confirmed since the change in Senate majority will now be President Bush, that she is a fine jurist f 50. As our action today demonstrates, who will add a great deal to the federal EXECUTIVE SESSION again, we are moving to confirm Presi- bench in Minnesota. dent Bush’s nominees at a faster pace Justice Lancaster’s record of service The PRESIDING OFFICER. Under than the nominees of prior Presidents. in private practice and for the govern- the previous order, the Senate will pro- It took almost 14 months for the Sen- ment is exemplary of the quality of ceed to executive session to consider ate to confirm 50 judicial nominees for judges the President has nominated. two nominations. the Reagan administration. It took Following her graduation from the The Senator from Oklahoma. more than 15 months for the Senate to University of Minnesota Law School, Mr. INHOFE. Mr. President, I ask confirm 50 judicial nominees for the Justice Lancaster worked as an Assist- unanimous consent that one vote suf- Clinton administration. And it took ant City Attorney, trying approxi- fice for both judges on the calendar. nearly 18 months for the Senate to con- mately 12 jury and 40 court trials. The PRESIDING OFFICER. Is there firm 50 judicial nominees for the From 1983 to 1993, Justice Lancaster objection? George H.W. Bush administration. served as an Assistant U.S. attorney Mr. BREAUX. I object. At the risk of offending some of my for the District of Minnesota, rep- Mr. WELLSTONE. Reserving the colleagues, we have confirmed 50 judi- resenting the federal government in right to object. cial nominees in 10 months—while it medical malpractice, tort, and insur- The PRESIDING OFFICER. The Sen- took the Senate nearly twice that ance matters, and later prosecuting ator from Minnesota. amount of time to confirm the same Federal crimes. Justice Lancaster then Mr. WELLSTONE. I did not hear the number of his father’s judicial nomi- worked for several years as a partner request. nees and nearly 50 percent more time with the Minneapolis firm of Leonard, The PRESIDING OFFICER. The Sen- to confirm the same number of Presi- Street & Deinard. ator from Oklahoma asked that one dent Clinton’s and President Reagan’s In 1995, Justice Lancaster was named vote suffice for the two nominations. nominees. With today’s confirmations, as a District Court Judge in the 4th Ju- Mr. WELLSTONE. I object. in the fewer than 10 months since the dicial District in Minnesota, where she Mr. LEAHY. Reserving the right to shift to a Democratic majority in the was assigned to family and juvenile object. Senate, President Bush’s judicial nomi- cases. She also presided over adult civil The PRESIDING OFFICER. The Sen- nees have been confirmed at a rate of and criminal matters. ator from Vermont. five per month, a pace nearly double Since 1998, she has served as an Asso- Mr. LEAHY. Mr. President, I wish that of the average for the last three ciate Justice on the Minnesota Su- the Senator had the courtesy of telling Presidents, two of whom had Senates preme Court. the chairman what he was going to rec- led by their own party. Justice Lancaster is liaison to the ommend. I would have pointed out to The confirmation of these nominees Court’s Juvenile Delinquency Rules him that under the Senate practice and today demonstrates our commitment Committee and has served as chair of procedure, that cannot be done. There- promptly to consider qualified, con- the Minnesota Supreme Court Task fore, I object. sensus nominees. I commend Senator Force on Juvenile Justice Services. The PRESIDING OFFICER. Objec- KOHL and Senator FEINGOLD who She has also served on a statewide tion is heard. worked with Chairman SENSENBRENNER task force devoted to addressing the The majority leader. to utilize a bipartisan commission problem of fetal alcohol syndrome. Mr. DASCHLE. Mr. President, just process to recommend District Court I have every confidence that Justice for the information of our colleagues, nominees as has been the practice in Joan Lancaster will serve with distinc- there will be no more votes tonight Wisconsin for over 20 years. tion on the federal district court for after the two votes we have on the Once confirmed, Judge Griesbach, the District of Minnesota. judges. The next vote will occur on who is a well-regarded judge in Eastern Mr. WELLSTONE. Mr. President, I Monday evening at approximately 5:30. Wisconsin, will be the first District commend to the Senate for confirma- There will be no votes tomorrow. Judge to sit in Green Bay, WI. tion tonight the nomination of Justice

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.088 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3419 Joan Ericksen Lancaster to serve as a the Judiciary Committee unanimously, DeWine Inouye Reed Dodd Jeffords Reid judge of the United States District and has from the start enjoyed my en- Domenici Johnson Roberts Court in Minnesota. I also thank Chair- thusiastic support and that of Senator Dorgan Kennedy Rockefeller man LEAHY and Senator HATCH for DAYTON. Durbin Kerry Santorum moving this nomination through the In my conversations with judges, and Edwards Kohl Sarbanes Ensign Kyl Schumer Senate so quickly. lawyers who have both practiced with Enzi Landrieu Sessions Chairman LEAHY has been criticized an argued before Justice Lancaster, it Feingold Leahy Shelby by some Republicans, at times grossly is clear that she is widely respected Feinstein Levin Smith (NH) unfairly, for the pace with which cer- Fitzgerald Lieberman Smith (OR) and is seen as a brilliant, thoughtful Frist Lincoln Snowe tain nominees have come through the and independent jurist with a deep Graham Lott Specter committee. This nomination, which commitment to justice and to the Gramm Lugar Stabenow has enjoyed broad bipartisan support American promise of equal opportunity Grassley McCain Stevens Gregg McConnell Thomas here in the Senate, has moved very for all before the bar of justice. I thank Hagel Mikulski Thompson quickly, and for that I am very grate- Representative RAMSTAD and President Harkin Miller Thurmond ful. It is a model of how this process Bush for this excellent nomination, Hatch Murkowski Torricelli should work, and I would hope the Hollings Murray Voinovich and again than Senator LEAHY for mov- Hutchinson Nelson (FL) Warner White House would see it in those ing her quickly through the process. Hutchison Nelson (NE) Wellstone terms as the President makes future I congratulate Justice Lancaster and Inhofe Nickles Wyden Federal judicial nominations. her wonderful children, John and NOT VOTING—1 The Senate will have no problem of- Claire, whom I have had the pleasure Helms fering its advise and consent to experi- to meet. I know Justice Lancaster will The nomination was confirmed. enced, able jurists like Joan Lancaster, continue to serve as an outstanding ju- with longstanding records of public rist in Minnesota, and I offer her my f service in their communities, who are warn congratulations, anticipating her NOMINATION OF WILLIAM C. deeply committed to equal justice and confirmation. I commend her to the GRIESBACH, TO BE UNITED equal opportunity for all Americans. full Senate enthusiastically, and am STATES DISTRICT COURT JUDGE But when the President nominates con- confident she’ll receive an over- FOR THE EASTERN DISTRICT OF troversial figures with very extreme whelming vote of support. WISCONSIN views, or records which call into ques- Mr. President, on behalf of myself The PRESIDING OFFICER. The tion their commitment to equal oppor- and the Presiding Officer, Senator DAY- clerk will report the nomination. tunity and equal justice, the Senate TON—unless he is going to be able to The legislative clerk read the nomi- will take more time to scrutinize those join me on the floor—we congratulate nation of William C. Griesbach, to be records and to determine if they de- Justice Joan Ericksen Lancaster, who United States District Court Judge for serve its consent, and reject them if will now serve as a judge for the United the Eastern District of Wisconsin. they don’t. States District Court in Minnesota. Mr. HATCH. Madam President, I rise Justice Lancaster’s qualifications are She is highly qualified. We thank to support the confirmation of William outstanding. She is currently serving Senator LEAHY and Senator HATCH for C. Griesbach to be U.S. District Judge with distinction as an Associate Jus- moving this so quickly. We thank all of for the District of Wisconsin. tice on the Minnesota Supreme Court, our colleagues. I have had the pleasure of reviewing and has held that position since 1998. I want to say a special hello to her Mr. Griesbach’s distinguished legal ca- She has also served as a Judge of the wonderful children, John and Claire. I reer, and I have come to the opinion 4th District Court in Hennepin County believe she is watching this proceeding. that he is a fine lawyer who will add a for three years, and as a Partner at the You should be proud, Judge Lan- great deal to the Federal bench in Wis- law firm of Leonard, Street and caster. consin. Judge Griesbach is a Wisconsin na- Deinard in Minneapolis for two years The PRESIDING OFFICER (Ms. before that. Particularly relevant to tive and attended both college and law CANTWELL). The Senator from Min- the position for which she is being con- school in the area. He graduated from nesota. Marquette University in 1976 and from firmed tonight are her ten years as an Mr. DAYTON. Madam President, I Assistant U.S. Attorney in the District Marquette University Law School in second the comments of the senior Sen- 1979. of Minnesota, where she provided lead- ator from Minnesota. ership in both the civil and criminal di- After graduation from law school, The PRESIDING OFFICER. The Judge Griesbach served as a law clerk visions. question is, Will the Senate advise and Justice Lancaster’s compassion, her to the Honorable Bruce F. Beilfuss, consent to the nomination of Joan E. deep commitment to creating a better, Chief Justice of the Wisconsin Supreme Lancaster, of Minnesota, to be United more just society and her record of Court. He then worked for 2 years as a States District Judge for the District public service are enormously impres- staff attorney for the U.S. Court of Ap- of Minnesota? The yeas and nays were sive. She has lived what she speaks. peals for the 7th Circuit before joining previously ordered on the nomination. She as a co-chair of the Governor’s a Green Bay law firm where he spent 5 The clerk will call the roll. Task Force on Fetal Alcohol Syn- years as an attorney handling pri- The legislative clerk called the roll. drome, chaired the Minnesota Juvenile marily civil cases, including personal Mr. NICKLES. I announce that the Justice Services Task Force, chaired a injury, insurance, commercial and em- Senator from North Carolina (Mr. ployment litigation. number of important committees on HELMS) is necessarily absent. In 1987, he returned to public service the operations of the court, and has The PRESIDING OFFICER. Are there as an Assistant District Attorney in served on the boards of a host of other any other Senators in the Chamber de- Brown County until 1995 when he was important Minnesota-based organiza- siring to vote? appointed to the Wisconsin Circuit tions dedicated to the causes of chil- The result was announced—yeas 99, Court for Brown County, the position dren, the legal system, and education. nays 0, as follows: in which he currently serves. Her stints as a distinguished law pro- His docket has included the full [Rollcall Vote No. 95 Ex.] fessor at the University of Minnesota range of cases appearing before a State and the William Mitchell College of YEAS—99 trial court, including criminal, civil, Law highlight her impressive intellec- Akaka Breaux Cleland juvenile and domestic matters. tual and courtroom talents. Allard Brownback Clinton Allen Bunning Cochran In 1998, he was ranked highest among Through these and her many other Baucus Burns Collins local circuit judges in several cat- professional accomplishments, Justice Bayh Byrd Conrad egories, including temperament, fair- Lancaster has earned the high regard Bennett Campbell Corzine ness, and judicial scholarship. of her peers. She received a well-quali- Biden Cantwell Craig Judge Griesbach has also made sub- Bingaman Carnahan Crapo fied rating from the American Bar As- Bond Carper Daschle stantial contributions to the commu- sociation and she was reported out of Boxer Chafee Dayton nity, serving as a board member for

VerDate 11-MAY-2000 06:49 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.107 pfrm12 PsN: S25PT1 S3420 CONGRESSIONAL RECORD — SENATE April 25, 2002 Wisconsin Family Ties, a non-profit or- Mr. NICKLES, I announce that the NATIONAL LABORATORIES PART- ganization that provides information Senator from North Carolina (Mr. NERSHIP IMPROVEMENT ACT OF and support to families with children HELMS), the Senator from Oklahoma 2001 that have mental, emotional and be- (Mr. INHOFE), and the Senator from The PRESIDING OFFICER. The ma- havioral disorders; as a board member Kansas (Mr. BROWNBACK) are nec- jority leader. of the Family Violence Center in Green essarily absent. Mr. DASCHLE. Madam President, I Bay; and as a board member of Legal The PRESIDING OFFICER. Are there want to take a moment to congratu- Services of Northeast Wisconsin, a non- any other Senators in the Chamber de- late, first, the extraordinary effort profit organization that provides legal siring to vote? made by the Chair of the Energy Com- services for the poor. The result was announced—yeas 97, mittee, Senator BINGAMAN. I think he I have every confidence that William nays 0, as follows: has put more time on the floor in the Griesbach will serve with distinction [Rollcall Vote No. 96 Ex.] last few weeks than anybody in recent on the Federal district court for the times. Were it not for his patience and YEAS—97 District of Wisconsin. extraordinary willingness to work with Mr. KOHL. Madam President, today Akaka Durbin McConnell all of us, we would not be celebrating is a proud day for the state of Wis- Allard Edwards Mikulski the successful conclusion of this work consin. For 10 years we have worked to Allen Ensign Miller Baucus Enzi Murkowski today. establish the Green Bay judgeship that Bayh Feingold Murray I know I speak for all Senators and makes this day possible. And for far Bennett Feinstein Nelson (FL) congratulate him and commend him longer, Judge Griesbach has developed Biden Fitzgerald Nelson (NE) for the work and leadership he has the ability, gained the experience and Bingaman Frist Nickles Bond Graham Reed shown and for the tremendous con- cultivated the temperament necessary Boxer Gramm Reid tributions he has made to public policy to be the first Federal judge to sit in Breaux Grassley Roberts in energy today. I am grateful for his Green Bay. Bunning Gregg Rockefeller We are confident that Judge Burns Hagel Santorum friendship, but I am especially appre- Byrd Harkin Sarbanes ciative of his leadership, and I think Griesbach is the right man for the job. Campbell Hatch Schumer He possesses all the best-qualities that Cantwell Hollings Sessions that ought to be recognized. we look for in a judge: intelligence, Carnahan Hutchinson Shelby I also congratulate the ranking mem- diligence, humility, and integrity. Carper Hutchison Smith (NH) ber, the Senator from Alaska, for his Chafee Inouye Smith (OR) efforts as well. I know there may not The Green Bay community has wait- Cleland Jeffords Snowe ed a long time for a Federal judge. Clinton Johnson Specter be any more important legislation When Judge Griesbach is sworn in we Cochran Kennedy Stabenow from the Senator from Alaska than think they will find it was well worth Collins Kerry Stevens this one. He has demonstrated a re- Conrad Kohl Thomas solve and an extraordinary persistence, the wait. Corzine Kyl Thompson The lawyers who practice in front of Craig Landrieu Thurmond and were it not for his efforts and the Judge Griesbach agree. In a 1998 survey Crapo Leahy Torricelli work he has done, especially in recent Daschle Levin Voinovich weeks, we would not be here as well. So by the Green Bay News Chronicle, Dayton Lieberman Warner Brown County attorneys ranked Judge DeWine Lincoln Wellstone he also deserves special commendation Griesbach as the best judge in the area. Dodd Lott Wyden and recognition for the remarkable job In fact, he was rated first in every cat- Domenici Lugar he has done. Dorgan McCain egory polled, including: temperament; Finally, as is the case in so many in- fairness; legal scholarship; work hab- NOT VOTING—3 stances, the distinguished assistant its; and decisiveness. That is quite a Brownback Helms Inhofe Democratic leader deserves recogni- testament to his ability. tion. He does not like it when I do this, So, it came as no surprise that the The nomination was confirmed. but I do think it is important for the bipartisan Wisconsin Federal Nomi- Mr. DASCHLE. Madam President, I historical record to note that his con- nating Commission concluded that wanted to make note of a very impor- stant presence on the floor, his willing- Judge Griesbach would make a fine tant fact with regard to judicial nomi- ness to work with Senators in working Federal judge. For the past 23 years, nations. With the confirmation now of through the amendment logjams on so Wisconsin has used a nominating com- the two judges tonight, we have many occasions was absolutely invalu- mission to select candidates for the reached an even 50 so far since we have able. So I thank him as well for his Federal bench. Through a great deal of become members of the majority. constant effort on the floor, but in par- cooperation and careful consideration, Forty-one district judges and nine cir- ticular on this bill. and by keeping politics to a minimum, cuit judges have now been confirmed. I thank all of our colleagues, and I we always find qualified candidates. We have now exceeded the number of appreciate very much the work that Judge Griesbach’s selection dem- judges confirmed in the first year of has been done. onstrates that our process has suc- the Reagan administration, the first I yield the floor. ceeded once again. Bush administration, and the Clinton The PRESIDING OFFICER. The Sen- The Commission’s reasons for his rec- administration. We have done that in ator from New Mexico. ommendation became apparent when I 10 months, not 12. We will do much Mr. BINGAMAN. Madam President, met him for our interview. He was can- more over the course of the next 2 before the majority leader leaves, let did, humble, and thoughtful. He has months, but I think it is a record of me return the compliment. This was impressed everyone. He also made a which we can be very proud. It is a the Daschle-Bingaman bill we passed in fine impression during his Senate Judi- record about which we feel very strong- the Senate. It was his leadership that ciary Committee hearing. ly. It is a record we said we would de- was absolutely essential in getting this Judge Griesbach will inaugurate a liver when we became members of the to the floor and his continuing leader- tradition of fair and well-respected ju- majority. It is a record I think bears ship in keeping it on the floor. He has rists in northeastern Wisconsin. I sup- some attention, especially now that we devoted 6 weeks of Senate floor time to port Judge Griesbach’s nomination and have reached 50 confirmations in this this bill, and at many crucial points he commend our colleagues for supporting relatively brief period of time. made absolutely essential decisions to this fine judge. I yield the floor. get us to closure. The PRESIDING OFFICER. The Let me also indicate what everyone question is, Will the Senate advise and f in the Senate knows, and that is with- consent to the nomination of William out the superb work that Senator REID, C. Griesbach, to be United States Dis- our assistant floor leader, does, with- trict Court Judge for the Eastern Dis- LEGISLATIVE SESSION out his tremendous effort, we could not trict of Wisconsin? On this question, The PRESIDING OFFICER. Under possibly have completed this work. He the yeas and nays have been ordered, the previous order, the Senate will re- was present every day, every hour, and the clerk will call the roll. turn to legislative session. moving this bill forward, working with

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.112 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3421 Senators on both sides of the aisle. To weeks that we have been on this bill. We made significant progress in the extent we have succeeded, he de- We have lost a little track of time. many aspects. They speak for them- serves the lion’s share of the credit. Indeed, the staffs of both the major- selves: CAFE, electricity, renewables, Let me also acknowledge the great ity and the minority of the Energy and so forth. work Senator MURKOWSKI has done. He Committee have done a tremendous I recognize the efforts of our Com- has been committed to getting an en- job, and we owe them a debt of thanks. mander in Chief, President George W. ergy bill through the Senate for a very I think we have had over 400 amend- Bush. Today is a great victory for long time. He had strongly held views ments we have reviewed and dispensed George W. Bush and his programs. We on certain aspects of that bill, with with over the course of this period of all recognize the world is a different which we are all familiar. He was very time. place today than it was when the effort committed also, though, to work with I, of course, thank my own team for started more than a year ago. We have those of us on this side of the aisle to their dedication and work. To those on seen the tragic events that reshaped see to it that we got a bill through the the other side, I thank them as well for our national focus. But we underscore Senate. So I compliment him. their work, their cooperation, their the need for a national energy policy. I did want to also thank and com- professionalism, and that of the profes- Now more than ever we need an energy pliment the excellent staff we had on sional staff. They can be very proud of policy with solutions, solutions that the Energy Committee. First, I thank their efforts. begin at home. Bob Simon, who is the staff director for I am appreciative of my relationship The administration’s national energy the Democratic side in the Energy with Senator BINGAMAN and his com- policy has served as a legislative blue- Committee. He did a superb job work- mitment to proceed with this bill. He print for the energy debate that has ing on every aspect of this. has truly proceeded as a gentleman taken place in the Congress. This is I have a long list of folks to thank. I during the debate. what we have had. We have had a com- will run through the list. I acknowl- I think the recognition of Senator mittee process more or less on the floor edge the tremendous contribution each REID is most noteworthy because Sen- of the Senate. We have made it work. one has made: Vicky Thorne, who is ator REID has been very cooperative in Between the House-passed H.R. 4 and central to our activity, John Watts, moving this process along, and Senator the Senate bill, nearly every one of the Bill Wicker, Patty Beneke, Jonathan DASCHLE, without his overall support President’s initiatives have been Black, David Brooks, Shelley Brown, and commitment to stay with the bill, adopted. The President has been a true Mike Connor, Deborah Estes, Kira the bill may have been pulled at pre- leader on this issue. Today marks a Finkler, Sam Fowler, Amanda Gold- vious times or anywhere along the great victory for him. I am pleased to man, Leon Lowery, Jennifer Michael, way. That was not the case. I think we have been a part of this success. Shirley Neff, Malini Sekhar. All of both recognize that this bill came Our work is not done. There is more those staff people on our Energy Com- about in a rather unusual manner, but to do. The Senate goes into conference mittee did an absolutely superb job. I think we worked diligently through with NASA programs dealing with eth- My personal staff, James Dennis, John the amendment process to come up anol, renewable portfolio standards, Epstein, and John Kotek, all made a with something of which we can be the Alaska gas issue, electricity, cli- great contribution. proud. mate change, and ANWR is in the The floor staff the cloakroom staff So I congratulate everyone on a job House bill. These provisions will have did a tremendous job, Lula and Marty well done. I think it is fair to say that to be worked out in what will likely be and all the others who have worked on the passage of this bill culminates my a very difficult conference. We are up this bill. They work day in and day out almost 22 years in the Senate. It is not to the challenge and we look forward on the floor and do a superb job. I ap- all I had wished for, but, by the same to working with our House Members preciate their good work. token, the glass is either half full or and Chairman TAUZIN. I believe the Senator DASCHLE’s staff, Eric half empty. Today, as far as the Sen- House leadership and the administra- Washburn, Peter Umhofer, and Senator ator from Alaska is concerned, it is a tion certainly are up to it. Working REID’s staff, Peter Arapis, all did a little more than half full. Around here with our colleagues on the other side, I wonderful job, and I appreciate the sometimes those are pretty good odds. think we can get a bill to the President good work. Those of us who are elected We did get the gas line provision in; this year. to these jobs get to take the credit, but we got a heavy oil provision, both of In closing, remember, we must get a we know who actually does the work. which are very important for my State plan to the President not because it is I yield the floor. as well. So as we look to the conference the President’s legislation or his pri- The PRESIDING OFFICER. The ma- and the conferees, we look to pro- ority, and not because it is the Sen- jority leader. ceeding with the work ahead. ate’s legislation or the Senate’s pri- Mr. DASCHLE. Briefly, I note the I also thank the Republican leader, ority, but because it is the people’s pri- contribution of our staff. As is always who has been with us in this entire ority. That is our obligation—reliable the case, we could not do what we do matter. Senator LOTT, at the beginning affordable energy supply that powers were it not for them. On this particular of the 107th Congress, declared that this Nation. It is up to us to deliver bill, I think their contribution will getting an energy bill passed would be this comprehensive bill. Without such never be fully calculable, but it was in- one of the Republicans’ top five prior- a stable energy supply, our security is valuable. I thank our floor staff pro- ities. He stood by us side by side at the threatened, whether it is economic se- fusely for their effort. As Senator extended press conferences that we curity, personal security at home, at BINGAMAN noted, Eric Washburn from have had for over a year. He has always work, or our national security on the my staff has been a remarkable con- been supportive. Once the energy bill world stage. Energy means security. tributor to our effort. Were it not for came to the floor this year, the leader I thank the staff director, Brian his daily counsel, I would not have established an energy task force and Malnak, for his tireless work; Jim been able to accomplish what we have. held daily meetings directing our ef- Beirne, chief counsel; Bryan Hannegan, The PRESIDING OFFICER. The Sen- forts each morning at 9 a.m. I am not staff scientist. I thank staff assistants ator from Alaska. sure where we will go at 9 a.m., we are Dan Kish, Christine Drager, Mike Mr. MURKOWSKI. I thank the ma- so programmed. Merge, Howard Useem, Colleen Deegan, jority leader for his comments, and I He promised, although we had res- David Woodruff, Joe Brenckle, Frank thank my good friend Senator BINGA- ervations, it was our ticket to con- Gladics, Jack Phelps, Jim O’Toole, MAN. I think it is noteworthy that we ference and we would work to improve Josh Bowlen, Julia Gray, Shane Per- are at the end of a long road towards a it on the floor and get to conference. kins, Jared Stubbs, Macy Bell, and comprehensive energy policy. I, too, That is what has happened. Now, hope- Dick Bouts; our personal office staff: want to thank all of those who worked fully, the report will be forthcoming Alexander Polinsky, Joel Gilbertson, so tirelessly on the legislation that and we will get a bill to the President. Chuck Kleeschulte, Charles Freeman, helped make this momentous achieve- We thank Senator LOTT for his leader- Isaac Edwards, Chris Eyler, Kristin ment possible. I think it was nearly 7 ship. Daimler, Julie Teer, Sarah Berk,

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.138 pfrm12 PsN: S25PT1 S3422 CONGRESSIONAL RECORD — SENATE April 25, 2002 Carrie Lehman, and Jerry Ritter. They peace taken by the Crown Prince and would the Saudis expect us to say, have done a magnificent job. his nation and the contradictory be- though, were the roles reversed? What If I left anybody off the payroll, I havior that is prevalent in Saudi Ara- action would they demand of the Presi- apologize. bia and its policies. For example, in dent if in fact such vile lies were print- I congratulate my good friend, Sen- March the Saudi newspaper, Al-Riyadh, ed about Muslims and Saudis in an ator BINGAMAN, and Senator REID for carried a vile, anti-Semitic article by American paper? And what would the making this possible. someone claiming to be a professor. rest of the world have us say about The PRESIDING OFFICER. The Sen- The article resurrected the centuries- such slander, in a country where there ator from Nevada. old blood libel that civilized people is freedom of the press, the United f would have thought was a thing of the States? past. This Saudi professor, in a leading Another example of this disconnect MORNING BUSINESS Saudi newspaper, wrote for the Jewish that baffles me is the recent telethon, Mr. REID. Madam President, I ask holidays: ‘‘Blood must be taken from a ordered by King Fahd, which, accord- unanimous consent the Senate proceed non-Jew, dried, and mixed with dough ing to press reports, raised over $85 to a period of morning business, with to make pastries.’’ It goes on to say million for families of so-called Pales- Senators allowed to speak for a period that using human blood in pastries was tinian martyrs. According to the Saudi not to exceed 5 minutes each, with the a ‘‘well-established fact historically Government, these people are defined exception of Senator BIDEN, who wishes and legally throughout the history of as people ‘‘victimized by Israeli terror to speak for 20 minutes. mankind and that this was one of the and violence.’’ But in the common par- The PRESIDING OFFICER. Without main reasons for the persecution of lance of the region, this term often re- objection, it is so ordered. Jews and the exile of Jews in Europe fers to suicide bombers. The Senator from Delaware. and Asia at different times.’’ In the aftermath of September 11, in f Finally, the article says: ‘‘The nee- which 15 Saudis engaged in the most deadly suicide attacks in history, one SAUDI ARABIA dles enter the body extremely slowly causing immense pain that gives the would hope the Saudi Government Mr. BIDEN. Madam President, today Jewish vampires extreme pleasure and might think twice before offering fi- the Crown Prince of Saudi Arabia, they closely monitor this bloodletting nancial incentives for so-called mar- Prince Abdullah, met with President in detail with pleasure and enjoyment tyrdom. Bush in Crawford, TX. Based on the re- that is beyond comprehension.’’ Imagine if the President of the ports from that meeting, there were That is printed in a leading Saudi United States and the Members of the several items on the agenda, one of newspaper. The editor of that paper Congress contributed to a telethon for which was the conflict between the says that he was out of town when this someone who walked into a hotel in Ri- Israelis and Palestinians, and the other article appeared, and later wrote that yadh and killed 100 Muslims. What was the nature of the Saudi-U.S. bilat- it was unworthy of publication. would we say? What would we be ex- eral relationship. Forgive me if I have a hard time be- pected to say? What would we think? A report this morning in the New lieving that the article simply slipped What would happen if the President of York Times said that the Crown Prince through the cracks and that it was a the United States said: We condemn it, intended to deliver a ‘‘blunt message’’ fluke. I can believe many things about but we understand the frustration of to President Bush. Apparently, a Saudi Saudi Arabia, but freedom of the press the Saudi people, in having no democ- official indicated after that meeting is not one of them. This article was racy? We understand the frustration of that oil would not be used as a weapon. published because no one who saw it the Jewish people, being victims of sui- Earlier, an unnamed Saudi official said believed that it contained anything of- cide bombing? It would be an outrage, that we, the United States, may face a fensive or untrue. an outrage. And the whole world would ‘‘strategic debacle’’ unless we alter our Imagine the outrage in Riyadh, in say: Where is the moral leadership of relationship with Israel. Cairo, in Amman, in the United Na- the United States? There is nothing wrong with blunt tions, and elsewhere if a Jewish pro- But the Saudi support for the cult of messages and blunt talk between fessor published an article in an Amer- martyrdom is not restricted to offering friends. I am confident the President of ican paper saying that Muslim holiday financial incentives. Recently the the United States was equally blunt in feasts were prepared with the blood of Saudi Ambassador to the United King- the message he delivered. No doubt the ritualistically sacrificed Jews? Can dom wrote a poem entitled ‘‘The Mar- Crown Prince discussed ways to ad- anyone imagine what the Saudis would tyrs.’’ The poem appeared in Arabic vance his initiative with regard to expect of the President of the United language newspapers and praised Pales- Israel, a breakthrough that I publicly States, what the Saudis and the rest of tinian suicide bombers, particularly a stated several times in recent weeks the civilized world would rightly ex- young deranged Palestinian woman has not been fully appreciated by the pect of all United States Senators who from a refugee camp who killed herself world. had nothing to do with it being pub- and two Israelis on March 29. The Am- The Saudis had endorsed unani- lished, but saw it published? The civ- bassador refers to her as ‘‘the bride of mously at the Arab League meeting ilized world would demand of us, as loftiness.’’ last month in Beirut a plan that holds they would have a right to, that we, This is written by the Saudi Ambas- out hope for normal peaceful relations the leaders of this country, stand up sador to the United Kingdom. between Arab States and Israel. How- one at a time and disavow these vile, She embraces death with a smile ever, laying down that plan is not vile, vile diatribes. while the leaders are running away from enough. It is time for more mature What did people expect of us, and death . . . leadership. what did our President do, when a He goes on to say: We have been asked by the rest of the group of mostly Saudi citizens killed We complained to the idols of a white house world and the Crown Prince to take an thousands of Americans on the 11th? whose heart is filled with darkness. active role in supporting this plan. The President did the right thing. He Given the opportunity to renounce That is fine. However, I add, I hope the stood up and he said: This is not about this poem, a Saudi spokesman said on President discussed what active role Saudi Arabia, this is not about Mus- United States television: the Saudis should take in dealing with lims. He did the right thing. The ambassador is a very well known poet peace in the Middle East. When the I wonder what would have happened . . . he was expressing the anger and frustra- Crown Prince goes home, what con- had it been the reverse. I wonder what tion people feel. crete steps will he take to move the would happen. Give me a break. That is not good process forward, to create a new envi- It is time for some mature leadership enough. I personally met with this ronment that builds trust and hope for here. It is not enough just to lay down spokesman, who is a fine man. I ex- a political settlement? a good plan—and it is a good plan the pected more from a man as educated I am troubled by the apparent dis- Saudi Crown Prince laid down and and sophisticated as Mr. Al-Jubeir. If connect between the initiatives for which was adopted in Beirut. What an American diplomat wrote a poem—

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.140 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3423 if the Ambassador from the United East. We all want for it to end imme- As the birthplace of Islam and the States to England wrote a poem extol- diately. All of us would like to see a land of the holiest Muslim sites, Saudi ling terrorism and attacking the leader peaceful settlement. To make it hap- Arabia has a critical role to play in re- of an ally, the President of the United pen, everyone—everyone—must shoul- solving one of the most intractable States would have his or her head on a der responsibility. conflicts of our time. platter the next day. They would be It is time for big nations and serious This is an opportunity for the Saudi fired. leaders to stand up, to stand up and Royal Family to make a real contribu- What would happen if an ambassador speak the truth. It is time for nations tion to peace. They have taken the of the United States to another great with the ability to directly influence first steps with bold action that holds country wrote a poem that extolled the events to exercise simply mature lead- out hope for peace as they presented virtues of some Saudi citizen who—like ership. their peace plan. bin Laden—attempted to assassinate or I am not expecting the Saudis to all Now let them take the next step of was engaged in a plot to do harm to the of a sudden take a pro-Israeli position. mature, consistent leadership. Let royal family? What would the Saudis But I am expecting, I do demand of them denounce the Palestinian leader- expect of us? What would the Saudis, them as a civilized nation and a ma- ship that uses terror to gain political or any civilized nation, expect the ture country, to do the right thing. leverage. Let them denounce hateful United States President to do? They The United States must do its part, language. Let them denounce the in- would expect him to do exactly what too. I have urged the administration to citement to violence in textbooks and he would do: Fire the person on the increase its involvement, not only in in the media. spot, and vocally, in more than one resolving the current crisis but also I hope they will take the next step so language, disavow the poetry. convening an international peace con- the Saudi initiative will not become Since September 11, we have become ference that would move the parties just another missed opportunity—an all too familiar with the term quickly to a political solution or at interesting footnote in history. ‘‘madrassa,’’ a term probably few had least provide a political horizon. I hope our relationship with the The Arab world must demonstrate ever heard of in the United States. We Saudis can improve. I hope the Saudi mature leadership as well. It cannot have learned that madrassas are reli- Arabian citizens can begin to enjoy the simply demand that the United States gious schools. We have learned the ex- freedom they deserve. abandon Israel, something we will tent to which funds from Saudi Arabia But these things can only occur with never do. farsighted, mature leadership. have supported madrassas, over 7,000 of Let me say that again: Something we There has never been a time when we them in Pakistan and in Afghanistan. will never do. Over my dead physical have needed such leadership more than We have learned that many madrassas political body will we ever abandon it is needed now. I hope that kind of indoctrinate children with distorted Israel. But that does not mean we be- leadership will enable our two coun- and hateful ideas. lieve everything Israel does is right. It tries to move forward together to But now we have learned that the does mean, though, we will fight for achieve progress and peace—not just problem with education is not simply Israel’s right to exist within secure for the Israelis and Palestinians but for outside of Saudi Arabian borders, but borders. within the kingdom itself. According Mature leadership means taking all the people of the Middle East. to an article in last October’s New risks and confronting those forces that I urge the administration to increase York Times, 10th grade textbooks in hinder progress—not abetting those its involvement—not only in the Saudi Arabia warn students to ‘‘con- forces. present circumstance but beyond. sider the infidel their enemy.’’ Mature leadership means con- Let us be honest. This is a historic Saudis claim such quotes are taken demning terrorism—not extolling the opportunity. The Saudis have made a out of context, but in what context is virtues of ‘‘martyrdom.’’ significant proposal. I beg them, do not religious prejudice acceptable? Mature leadership means halting the squander the opportunity to be remem- Of course, hateful diatribes and flow of funds to terrorists—not pro- bered for the century as the party and words of incitement also are found in viding financial incentives for more the force that was the catalyst for Palestinian textbooks. terror. bringing an end to the suffering of the While Arafat is talking about peace Mature leadership means creating an people in the Palestinian-Israeli con- in Oslo, the textbooks in the West educational system that provides the flict. Bank talk about ‘‘the hated Jew.’’ And foundation for future progress—not I yield the floor. they have long been accompanied by text and textbooks that promote reli- f schoolroom maps in the Middle East gious bigotry. that pointedly do not show, even on a TRIBUTE TO BRIGADIER GENERAL Mature leadership means being re- DAN L. LOCKER, COMMANDER, map, Israel as a state. When our Saudi sponsive to the legitimate demands of friends argue their support and funding 81ST MEDICAL GROUP AND LEAD one’s citizen for political openness and AGENT, TRICARE REGION IV for Palestinian causes is for humani- transparency—not stifling dissent and tarian and educational purposes, I exporting your problems elsewhere. Mr. LOTT. Mr. President, I would think it is fair to ask why they con- Mature leadership means sitting like to take a moment today to recog- tinue to turn a blind eye toward this down with the Israelis and talking nize one of the finest officers in the fomenting of hate that exists in their peace—not treating them as pariahs. U.S. Air Force, Brigadier General Dan region and their country. I find it fascinating that the Presi- L. Locker. On July 31, 2002, General I mention these examples to illus- dent was criticized for authorizing and Locker will retire from the Air Force trate why there is a disconnect when directing the Secretary of State to sit and his positions as Commander of the we hear Saudi leaders talk of making down with the person who many 81st Medical Group, Keesler Medical peace with Israel. Israelis consider a pariah and who Center, Keesler Air Force Base, MS, Peace will not happen by itself. It many of us consider a pariah—Yasser and Lead Agent for Department of De- has to be nurtured. Certainly those Arafat. The Saudis thought that was fense TRICARE Region IV. During his Arab nations we put in the moderate essential. Why will they not sit down? time at Keesler Air Force Base, Gen- camp ought to prepare their people for Why will they not sit down with a man eral Locker has exemplified the Air the ‘‘normal, peaceful relations’’ they who is the elected leader of Israel, re- Force core values of integrity, service espoused in Beirut. If the Crown Prince gardless of whether or not they think before self, and excellence in all en- means what he says about normal, on the West Bank he is a pariah as deavors. Many Members and staff have peaceful relations with Israel—and I many Israelis and Americans think is enjoyed the opportunity to meet with believe he does—then it is time for his the case with Mr. Arafat? him on a variety of Department of De- government to prepare Saudi Arabia The President has shown mature fense health care issues and have come and the rest of the Arab world for this leadership. I may disagree with his ap- to appreciate his many talents. Today new day. No responsible leaders want proach, but why is it expected of us and it is my privilege to recognize some of to see bloodshed continue in the Middle not of them? Dan’s many accomplishments since he

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00087 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.144 pfrm12 PsN: S25PT1 S3424 CONGRESSIONAL RECORD — SENATE April 25, 2002 entered the military 30 years ago, and hone the military professionalism of with great pride, leadership, and honor. to commend the superb service he pro- the ‘‘Combat Medics’’ at Keesler Med- During his time at Keesler, as Com- vided the Air Force, the Congress, and ical Center, which is responsible for the mander of the 81st Training Wing, Gen- our Nation. direct delivery of health care to more eral Mercer personified the Air Force Dan Locker was commissioned in the than 50,000 patients in the Keesler area, core values of integrity, service before Air Force Reserve in 1970 through the and provides referral and consultative self, and excellence in all things. Many Health Professions Scholarship Pro- services to an additional 605,000 bene- Members and staff enjoyed the oppor- gram. A proud Texan, he completed his ficiaries in a 5–State region. tunity to meet with him on a variety bachelor’s degree in biology at South- As Lead Agent for TRICARE Region of Air Force issues and came to appre- west Texas State College in 1967. He en- IV, General Locker is responsible for ciate his many talents. Today it is my tered active duty in 1972, and received the direction of all managed health privilege to recognize some of Ted’s his Doctor of Medicine degree in 1973 care activities at 23 military treatment many accomplishments since he en- from the University of Texas Medical facilities throughout all of Mississippi, tered the military 27 years ago, and to School in San Antonio. He then com- Alabama, Tennessee, and parts of Lou- commend the superb service he pro- pleted residencies in family practice at isiana and Florida. In addition, vided the Air Force, the Congress and Scott Air Force Base, IL, and general through a $4 billion contract with our Nation. surgery at Keesler Air Force Base, MS. Humana Military Healthcare Services, Ted Mercer entered the Air Force An active chief flight surgeon, General he is responsible for the provision of through the Reserve Officer Training Locker has logged more than 1,000 care to all military beneficiaries in the Corps program at University of Puget hours of flight time in numerous mili- region. The Managed Care Support Sound in Tacoma, Washington. While tary aircraft, including 21 combat mis- Contract relationship with Humana there, he completed his bachelor’s de- sions and 25 combat hours. was so strong that both parties were gree in urban planning in 1975, as well From early in his career, General recognized by the National Managed as being a distinguished graduate of Locker’s exceptional leadership skills Health Care Congress with the 2001 the university’s ROTC program. Upon were always evident to both superiors AstraZeneca Partnership Award for im- graduation, he was assigned to Vanden- and subordinates as he repeatedly proving the delivery of health care berg Air Force Base in California, proved himself in numerous select throughout the Gulf-South Region. where he became proficient in Titan II command positions. He was the Chief A dynamic and skilled lecturer, Gen- missile combat crew operations, so of Surgical Services in his first post- eral Locker has delivered presentations much so that by 1980 he became an in- residency assignment at Mountain around the world on a variety of clin- structor in missile combat crew oper- Home Air Force Base, ID. From there, ical and technological health care ations at Vandenberg. he went overseas to serve as Chief of issues to a broad range of audiences, From early in his career, General General Surgery and Director of U.S. both military and civilian. Still active Mercer’s exceptional leadership skills Air Forces in Europe Flying Ambu- in his surgical practice, he spends a were always evident to both superiors lance Surgical Trauma teams in Wies- week each winter, leading a team on a and subordinates as he repeatedly baden, Germany. While in Germany, he humanitarian mission trip to Mexico proved himself in numerous select also was the military consultant to the to help provide much-needed care to command positions. He was the Com- Air Force Surgeon General for general rural and under-served patients. Just mander of the 447th Strategic Missile surgery. Next, he moved to the Royal last week, he was presented the pres- Squadron at Grand Forks Air Force Air Force Lakenheath, England, where tigious Excalibur Award by the Society Base, North Dakota; Commander of the he served as deputy commander for of Air Force Clinical Surgeons for dem- 45th Logistics Group at Patrick Air hospital services. Then it was back to onstrating the highest personal dedica- Force Base, Florida; and at Minot Air Texas to command, first, the 96th Stra- tion, surgical competence, and pro- Force Base, North Dakota he was Com- tegic Hospital at Dyess Air Force Base, viding leadership and vision to further mander of the 91st Operations Group. and then the 82nd Medical Group at advance the field of surgery. In June 1998, he assumed command of Sheppard Air Force Base. After proving I offer my congratulations to Dan, the 30th Space Wing at Vandenberg Air his staff proficiency as Director of his wife, Cynthia, daughters, Valerie Force Base, California. As I’ve stated Medical Service Officer Management at and Rachel, and son, Ryan. The Con- earlier, he superbly led the 81st Train- the Air Force Military Personnel Cen- gress and the country applaud the self- ing Wing at Keesler Air Force Base, ter at Randolph Air Force Base, TX, less commitment his entire family has Mississippi from September 2000 until then-Colonel Locker, was summoned to made to the Nation in supporting his May 2002. be the Command Surgeon at Head- military career. Ted Mercer also has excelled in a va- quarters, U.S. Air Forces in Europe in I know I speak for all of my col- riety of key staff assignments. These Ramstein Air Base, Germany. While in leagues in expressing my heartfelt ap- include serving as Deputy Director of that position, he was responsible for preciation to General Locker. He is a Operations, Headquarters U.S. Space management, resources, and oversight credit to both the Air Force and the Command at Peterson Air Force Base, of all health care provided at 12 Air United States. We wish our friend the Colorado; Vice Director of Plans, Di- Force clinics, hospitals, and medical best of luck in his retirement and we rectorate of Plans, Headquarters U.S. centers throughout Europe. look forward to working with General Space Command at Peterson Air Force In 1997, Dan Locker was promoted to Locker in his next career. Base, Colorado; Chief, Nuclear Divi- brigadier general, and was selected for f sion, Directorate of Plans and Policy, his current high-profile position as Headquarters U.S. European Command, commander of the second largest med- TRIBUTE TO BRIGADIER GENERAL Stuttgart, Germany; and Executive Of- ical center in the Air Force at Keesler ROOSEVELT ‘‘TED’’ MERCER, JR., ficer, Directorate of Personnel Plans, Air Force Base in the great State of COMMANDANT, JOINT FORCES Deputy Chief of Staff for Personnel, Mississippi. General Locker took STAFF COLLEGE Headquarters U.S. Air Force, Wash- Keesler Medical Center to new heights, Mr. LOTT. Mr. President, I would ington DC. General Mercer also served earning the 81st Medical Group the Air like to take a moment today to recog- as Chief of Congressional Affairs, Dep- Force Outstanding Unit Award, the De- nize one of the finest officers in the uty Chief of Staff for Personnel, Head- partment of Defense TRICARE Cus- United States Air Force, Brigadier quarters U.S. Air Force in Washington tomer Service Award, and the General Roosevelt ‘‘Ted’’ Mercer, Jr. DC, and has been awarded a Defense TRICARE Access to Care Award. The On May 9, 2002, General Mercer will be- Superior Service Medal and Legion of TRICARE honors resulted in a $100,000 come the Commandant of Joint Forces Merit among other decorations. cash award, that was used to improve Staff College at the National Defense We were all pleased to see General the quality of life and benefit the more University in Norfolk, VA. He will be Mercer selected as Commandant of the than 2,000 health care professionals of leaving the job as Commander of the Joint Forces Staff College at the Na- the 81st Medical Group at Keesler. Gen- 81st Training Wing at Keesler AFB MS, tional Defense University in Norfolk, eral Locker has worked diligently to a position he has held and executed VA. I offer my congratulations to him,

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00088 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.146 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3425 his wife, Mike, and daughter, Sidnee, Last August, in a report optimistically enti- more than a thousand proposals to alter the on this new assignment. The Congress tled To Assure Pride and Confidence in the mode of choosing presidents. and the country applaud the selfless Electoral Process, the commission concluded No legislator has advocated the election of that it had satisfactorily addressed ‘‘most of the president by Congress. Some have advo- commitment his entire family has the problems that came into national view’’ cated modifications in the electoral college— made to the Nation in supporting his in 2000. But nothing in the ponderous 80-page to change the electoral units from states to military career. document addressed the most fundamental congressional districts, for example, or to re- I know I speak for all of my col- problem that came into national view: the quire a proportional division of electoral leagues in expressing my heartfelt ap- constitutional anomaly that permits the votes. In the 1950s, the latter approach re- preciation to General Ted Mercer. He is people’s choice to be refused the presidency. ceived considerable congressional favor in a a credit to both the Air Force and the Little consumed more time during our na- plan proposed by Senator Henry Cabot tion’s Constitutional Convention than de- Lodge, Jr., and Representative Ed Gossett. United States of America. We wish our bate over the mode of choosing the chief ex- The Lodge-Gossett amendment would have friend the best of luck in his new com- ecutive. The framers, determined to ensure ended the winner-take-all electoral system mand. the separation of powers, rejected the pro- and divided each state’s electoral vote ac- cording to the popular vote. In 1950 the Sen- f posal that Congress elect the president. Both James Madison and James Wilson, the ‘‘fa- ate endorsed the amendment, but the House ARTHUR M. SCHLESINGER, JR. ON thers’’ of the Constitution, argued for direct turned it down. Five years later, Senator AMERICAN DEMOCRACY election by the people, but the convention, Estes Kefauver revived the Lodge-Gossett fearing the parochialism of uninformed vot- plan and won the backing of the Senate Judi- Mr. KENNEDY. Mr. President, few ers, also rejected that plan. In the end, the ciary Committee. A thoughtful debate en- individuals have made a greater con- framers agree on the novel device of an elec- sued, with Senators John F. Kennedy and tribution to the study of American his- toral college. Each state would appoint elec- Paul H. Douglas leading the opposition and tory than Professor Arthur M. Schles- tors equal in number to its representation in defeating the amendment. Neither the district plan nor the propor- inger, Jr. Congress. The electors would then vote for two persons. The one receiving a majority of tionate plan would prevent a popular-vote Arthur’s been a pre-eminent histo- loser from winning the White House. To cor- rian for over half a century, ever since electoral votes would then become president; the runner-up, vice president. And in a key rect this great anomaly of the Constitution, 1946, when he won the Pulitzer Prize at sentence, the Constitution stipulated that of many have advocated the abolition of the the age of 28, for his book ‘‘The Age of these two persons at least one should not be electoral college and its replacement by di- Jackson.’’ from the same state as the electors. rect popular elections. The first ‘‘minority’’ As Oscar Wilde once said—anybody The convention expected the electors to be president was John Quincy Adams. In the can make history but only a truly cosmopolitans who would know, or know of, 1824 election, Andrew Jackson led in both eminences in other states. But this does not popular and electoral votes; but with four great man can write history. And Ar- candidates dividing the electoral vote, he thur Schlesinger has written about his- mean that they were created as free agents authorized to routinely ignore or invalidate failed to win an electoral-college majority. tory with unsurpassed eloquence, and the choice of the voters. The electors, said The Constitution provides that if no can- he’s shaped that history with his un- John Clopton, a Virginia congressman, are didate has a majority, the House of Rep- surpassed wisdom and scholarship. In the ‘‘organs . . . acting from a certain and resentatives must choose among the top so many ways, Arthur Schlesinger rep- unquestioned knowledge of the choice of the three. Speaker of the House Henry Clay, who resents the best of the liberal and pro- people, by whom they themselves were ap- came in fourth, threw his support to Adams, pointed, and under immediate responsibility thereby making him president. When Adams gressive ideal in the 20th century. then made Clay his secretary of state, Jack- Arthur Schlesinger continues to rep- to them.’’ Madison summed it up when the conven- sonian cries of ‘‘corrupt bargain’’ filled the resent these ideals in the 21st century, tion finally adopted the electoral college: air for the next four years and helped Jack- and I believe that his article on the ‘‘The president is now to be elected by the son win the electoral majority in 1828. ‘‘To the people belongs the right of elect- 2000 presidential election published in people.’’ The president, he assured the Vir- ing their Chief Magistrate,’’ Jackson told last month’s issue of The American ginia ratifying convention, would be ‘‘the Congress in 1829. ‘‘The first principle of our choice of the people at large.’’ In the First Prospect will be of interest to all of us system,’’ he said, is ‘‘that the majority is to Congress, he described the president as ap- in Congress. I ask unanimous consent govern.’’ He asked for the removal of all ‘‘in- pointed ‘‘by the suffrage of three million that it may be printed in the RECORD. termediate’’ agencies preventing a ‘‘fair ex- people.’’ There being no objection, the mate- ‘‘It was desirable,’’ Alexander Hamilton pression of the will of the majority.’’ And in a tacit verdict on Adams’s failed administra- rial was ordered to be printed in the wrote in the 68th Federalist, ‘‘that the sense tion, Jackson added: ‘‘A President elected by RECORD, as follows: of the people should operate in the choice of a minority can not enjoy the confidence nec- [From the American Prospect, Mar. 25, 2002] the person to whom so important a trust was essary to the successful discharge of his du- to be confided.’’ As Lucius Wilmerding, Jr., NOT THE PEOPLE’S CHOICE ties.’’ concluded in his magistral study of the elec- (By Arthur M. Schlesinger, Jr.) History bears out Jackson’s point. The toral college: ‘‘The Electors were never next two minority presidents—Rutherford B. The true significance of the disputed 2000 meant to choose the President but only to election has thus far escaped public atten- Hayes in 1877 and Benjamin Harrison in pronounce the votes of the people.’’ 1889—had, like Adams, ineffectual adminis- tion. This was an election that made the Even with such a limited function, how- trations. All suffered setbacks in their mid- loser of the popular vote the president of the ever, the electoral college has shaped the term congressional elections. None won a United States. But that astounding fact has contours of American politics and thus cap- second term in the White House. been obscured: first by the flood of electoral tured the attention of politicians. With the The most recent president to propose a di- complaints about deceptive ballots, hanging ratification of the 12th Amendment in 1804, rect-election amendment was Jimmy Carter chads, and so on in Florida; then by the po- electors were required to vote separately for in 1997. The amendment, he said, would ‘‘en- litical astuteness of the court-appointed president and vice president, a change that sure that the candidate chosen by the votes president in behaving as if he had won the virtually guaranteed that both would be of actually becomes President. Under the Elec- White House by a landslide; and now by the the same party. Though unknown to the toral College, it is always possible that the effect of September 11 in presidentializing Constitution and deplored by the framers, winner of the popular vote will not be elect- George W. Bush and giving him commanding political parties were remolding presidential ed.’’ This had already happened, Carter said, popularity in the polls. elections. By 1836 every state except South in 1824, 1876, and 1888. ‘‘The fundamental maxim of republican Carolina had decided to cast its votes as a Actually, Carter placed too much blame on government,’’ observed Alexander Hamilton unit—winner take all, no matter how narrow the electoral system. Neither J.Q. Adams in in the 22d Federalist, ‘‘requires that the the margin. This decision minimized the 1824 nor Hayes in 1876 owed his elevation to sense of the majority should prevail.’’ A rea- power of third parties and created a solid the electoral college. The House of Rep- sonable deduction from Hamilton’s premise foundation for a two-party system. resentatives, as noted, elected Adams. is that the presidential candidate who wins ‘‘The mode of appointment of the Chief Hayes’s anointment was more complicated. the most votes in an election should also win Magistrate [President] of the United In 1876, Samuel J. Tilden, the Democratic the election. That quite the opposite can States,’’ wrote Hamilton in the 68th Fed- candidate, won the popular vote, and it ap- happen is surely the great anomaly in the eralist, ‘‘is almost the only part of the sys- peared that he had won the electoral vote American democratic order. tem, of any consequence, which has escaped too. But the Confederate states were still Yet the National Commission on Federal without severe censure.’’ This may have been under military occupation, and electoral Election Reform, a body appointed in the true when Hamilton wrote in 1788; it was boards in Florida, Louisiana, and South wake of the 2000 election and co-chaired definitely not true thereafter. According to Carolina disqualified enough Democratic bal- (honorarily) by former Presidents Gerald the Congressional Research Service, legisla- lots to give Hayes, the Republican candidate, Ford and Jimmy Carter, virtually ignored it. tors since the First Congress have offered the electoral majority.

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00089 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.130 pfrm12 PsN: S25PT1 S3426 CONGRESSIONAL RECORD — SENATE April 25, 2002 The Republicans controlled the Senate; the Nor was Bush’s victory in the electoral col- unit vote for the Presidency we are talking Democrats, the House. Which body would lege unclouded by doubt. The electoral vote about, but a whole solar system of govern- count the electoral votes? To resolve the turned on a single state, Florida. Five mem- mental power. If it is proposed to change the deadlock, Congress appointed an electoral bers of the Supreme Court, forsaking their balance of power of one of the elements of commission. By an 8–7 party-line vote, the usual deference to state sovereignty, stopped the solar system,’’ Kennedy observed, ‘‘it is commission gave all the disputed votes to the Florida recount and thereby made Bush necessary to consider all the others. . . . Hayes. This was a supreme election swindle. president. Critics wondered: if the facts had What the effects of these various changes But it was the rigged electoral commission, been the same but the candidates reversed, will be on the Federal system, the two-party not the electoral college, that denied the with Bush winning the popular vote (as in- system, the popular plurality system and the popular-vote winner the presidency. deed observers had rather expected) and Gore large-State-small-State checks and balances In 1888 the electoral college did deprive the hoping to win the electoral vote, would the system, no one knows.’’ popular-vote winner, Democrat Grover gang of five have found the same legal argu- Direct elections do, however, have the Cleveland, of victory. But 1888 was a clouded ments to elect Gore that they used to elect merit of correcting the great anomaly of the election. Neither candidate received a major- Bush? Constitution and providing an escape from ity, and Cleveland’s margin was only 100,000 I expected an explosion of public outrage the intolerable predicament. ‘‘The electoral votes. Moreover, the claim was made, and over the rejection of the people’s choice. But college method of electing a President of the was widely accepted at the time and by there was surprisingly little in the way of United States,’’ said the American Bar Asso- scholars since, that white election officials outcry. It is hard to image such acquiescence ciation when an amendment was last seri- in the South banned perhaps 300,000 black in a popular-vote-loser presidency if the pop- ously considered, ‘‘is archaic, undemocratic, Republicans from the polls. The installation ular-vote winner had been, say, Adlai Ste- complex, ambiguous, indirect, and dan- of a minority president in 1889 took place venson or John F. Kennedy or Ronald gerous.’’ In contrast, as Birch Bayh put it, without serious protest. Reagan. Such leaders attracted do-or-die ‘‘direct popular election of the president is The Republic later went through several supporters, voters who cared intensely about the only system that is truly democratic, other elections in which a small shift of them and who not only would have ques- truly equitable, and can truly reflect the will votes would have given the popular-vote loser an electoral-college victory. In 1916, if tioned the result but would have been ardent of the people.’’ The direct-election plan meets the moral Charles Evans Hughes had gained 4,000 votes in pursuit of fundamental reform. After a criteria of a democracy. It would elect the in California, he would have won the elec- disappointing campaign, Vice President Gore people’s choice. It would ensure equal treat- toral-college majority, though he lost the simply did not excite the same impassioned ment of all votes. It would reduce the power popular vote to Woodrow Wilson by more commitment. Yet surely the 2000 election put the Repub- of sectionalism in politics. It would reinvigo- than half a million. In 1948, a shift of fewer lic in an intolerable predicament—intoler- rate party competition and combat voter ap- than 30,000 votes in three states would have able because the result contravened the the- athy by giving parties the incentive to get given Thomas E. Dewey the electoral-college majority, though he ran more than two mil- ory of democracy. Many expected that the out their votes in states that they have no lion votes behind Harry Truman. In 1976, a election would resurrect the movement for hope of carrying. The arguments for abolishing the electoral shift of 8,000 votes in two states would have direct election of presidents. Since direct college are indeed powerful. But direct elec- kept President Gerald Ford in office, though elections have obvious democratic plausi- tions raise troubling problems of their own— he ran more than a million and a half votes bility and since few Americans understand especially their impact on the two-party sys- behind Jimmy Carter. the electoral college anyway, its abolition Over the last half-century, many other seems a logical remedy. tem and on JFK’s ‘‘solar system of govern- eminent politicos and organizations have The resurrection has not taken place. Con- mental power.’’ In the nineteenth century, American par- also advocated direct popular elections: stitutional reformers seem intimidated by Presidents Richard Nixon and Gerald Ford; the argument that a direct-election amend- ties inspired visiting Europeans with awe. Vice Presidents Alben Barkley and Hubert ment would antagonize small-population Alexis de Tocqueville, in the 1830s, thought Humphrey; Senators Robert A. Taft, Mike states and therefore could not be ratified. It politics ‘‘the only pleasure which an Amer- Mansfield, Edward Kennedy, Henry Jackson, would necessarily eliminate the special ad- ican knows.’’ James Bryce, half a century Robert Dole, Howard Baker, and Everett vantage conferred on small states by the two later, was impressed by the ‘‘military dis- Dirksen; the American Bar Association, the electoral votes handed to all states regard- cipline’’ of the parties. Voting statistics jus- League of Women Voters, the AFL–CIO, and less of population. Small-state opposition, it tified transtlantic admiration. In no presi- the U.S. Chamber of Commerce. Polls have is claimed, would make it impossible to col- dential election between the Civil War and shown overwhelming public support for di- lect the two-thirds of Congress and the the end of the century did turnout fall below rect elections. three-fourths of the states required for rati- 70 percent of eligible voters. In the late 1960s, the drive for a direct-elec- fication. The dutiful citizens of these high-turnout tion amendment achieved a certain momen- This is an odd argument, because most po- years did not rush to the polls out of uncon- tum. Led by Senator Birch Bayh of Indiana, litical analysts are convinced that the elec- trollable excitement over the choices they an inveterate and persuasive constitutional toral college in fact benefits large states, not were about to make. The dreary procession reformer, the campaign was fueled by the small ones. Far from being hurt by direct of presidential candidates moved Bryce to fear that Governor George Wallace of Ala- elections, small states, they say, would ben- write his famous chapter in The American bama might win enough electoral votes in efit from them. The idea that ‘‘the present Commonwealth titled ‘‘Why Great Men Are 1968 to throw the election into the House of electoral-college preserves the power of the Not Chosen President.’’ But the party was Representatives. In May 1968, a Gallup poll small states,’’ write Lawrence D. Longley supremely effective as an agency of voter recorded 66 percent of the U.S. public in and Alan G. Braun in The Politics of Elec- mobilization. Party loyalty was intense. favor of direct election—and in November of toral Reform, ‘‘. . . simply is not the case.’’ People were as likely to switch parties as that year, an astonishing 80 percent. But The electoral-college system ‘‘benefits large they were to switch churches. The great dif- Wallace’s 46 electoral votes in 1968 were not states, urban interests, white minorities, ference between then and now is the decay of enough to deny Nixon a majority, and com- and/or black voters.’’ So, too, a Brookings the party as the organizing unit of American placency soon took over. ‘‘The decline in Institution report: ‘‘For several decades lib- politics. one-party states,’’ a Brookings Institution eral, urban Democrats and progressive, The modern history of parties has been the study concluded in 1970, ‘‘has made it far less urban-suburban Republicans have tended to steady loss of the functions that gave them likely today that the runner-up in popular dominate presidential politics; they would their classical role. Civil-service reform votes will be elected President.’’ lose influence under the direct-vote plan.’’ largely dried up the reservoir of patronage. Because the danger of electoral-college Racial minorities holding the balance of Social legislation reduced the need for par- misfire seemed academic, abolition of the power in large states agree. ‘‘Take away the ties to succor the poor and helpless. Mass en- electoral college again became a low-priority electoral college,’’ said Vernon Jordan as tertainment gave people more agreeable di- issue. Each state retained the constitutional president of the Urban League, ‘‘and the im- versions than listening to political ha- right to appoint its electors ‘‘in such manner portance of being black melts away. Blacks, rangues. Party loyalty became tenuous; as the legislature thereof directs.’’ And all instead of being crucial to victory in major party identification, casual. Franklin D. but two states, Maine and Nebraska, kept states, simply become 10 percent of the elec- Roosevelt observed in 1940: ‘‘The growing the unit rule. torate, with reduced impact.’’ independence of voters, after all, has been Then came the election of 2000. For the The debate over whom direct elections proved by the votes in every presidential fourth time in American history, the winner would benefit has been long, wearisome, con- election since my childhood—and the tend- of the popular vote was refused the presi- tradictory, and inconclusive. Even computer ency, frankly, is on the increase.’’ dency. And Albert Gore, Jr., had won the calculations are of limited use, since they Since FDR’s day, a fundamental trans- popular vote not by Grover Cleveland’s dubi- assume a static political culture. They do formation in the political environment has ous 100,000 but by more than half a million. not take into account, nor can they predict, further undermined the shaky structure of Another nearly three million votes had gone the changes wrought in voter dynamics by American politics. Two electronic tech- to the third-party candidate Ralph Nader, candidates, issues, and events. nologies—television and computerized poll- making the victor, George W. Bush, more As Senator John Kennedy said during the ing—have had a devastating impact on the than ever a minority president. Lodge-Gossett debate: ‘‘It is not only the party system. The old system had three

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00090 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.134 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3427 tiers: the politican at one end, the voter at rule rather than the exception. And think of ADDITIONAL STATEMENTS the other, and the party in between. The par- the finagling that would take place between ty’s function was to negotiate between the the first and second rounds of a presidential politician and the voter, interpreting each to election! Like J.Q. Adams in 1824, the victors LOCAL LAW ENFORCEMENT ACT the other and providing the links that held would very likely find that they are a new OF 2001 the political process together. target for ‘‘corrupt bargains.’’ The electronic revolution has substantially ∑ Mr. SMITH of Oregon. Mr. President, Direct election would very likely bring to abolished this mediating role. Television the White House candidates who do not get I speak about hate crimes legislation I presents politicians directly to the voters, anywhere near a majority of the popular introduced with Senator KENNEDY in who judge candidates far more on what the votes. The prospect would be a succession of March of last year. The Local Law En- box shows them than on what the party or- 41 percent presidents or else a succession of forcement Act of 2001 would add new ganization tells them. Computerized polls double national elections. Moreover, the categories to current hate crimes legis- present voters directly to the politicians, winner in the first round might often be who judge the electorate far more on what lation sending a signal that violence of beaten in the second round, depending on the the polls show them than on what the party any kind is unacceptable in our soci- deals the runoff candidates made with the organization tells them. The political party ety. splinter parties. This result would hardly is left to wither on the vine. A terrible crime occurred September strengthen the sense of legitimacy that the The last half-century has been notable for presidential election is supposed to provide. 14, 1998 in Hayward, CA. A woman in a the decrease in party identification, for the And I have yet to mention the problem, in gay and lesbian bar was verbally as- increase in independent voting, and for the close elections, of organizing a nationwide saulted and threatened by two men. number of independent presidential can- recount. didacies by fugitives from the major parties: Donald R. Santos, 40, and Lance E. Henry Wallace and Strom Thurmond in 1948, In short, direct elections promise a murky Alves, 45, were charged with making George Wallace in 1968, Eugene McCarthy in political future. They would further weaken terrorist threats and interference of 1976, John Anderson in 1980, Ross Perot in the party system and further destabilize civil rights because of sexual orienta- 1992 and 1996, and Ralph Nader and Pat Bu- American politics. They would cure the in- tion, in connection with the incident. chanan in 2000. tolerable predicament—but the cure might I believe that government’s first duty The two-party system has been a source of be worse than the disease. is to defend its citizens, to defend them stability; FDR called it ‘‘one of the greatest Are we therefore stuck with the great against the harms that come out of methods of unification and of teaching peo- anomaly of the Constitution? Is no remedy hate. The Local Law Enforcement En- ple to think in common terms.’’ The alter- possible? native is a slow, agonized descent into an era hancement Act of 2001 is now a symbol There is a simple and effective way to of what Walter Dean Burnham has termed that can become substance. By passing avoid the troubles promised by the direct- ‘‘politics without parties.’’ Political adven- this legislation and changing current election plan and at the same time to pre- turers might roam the countryside like Chi- vent the popular-vote loser from being the law, we can change hearts and minds as nese warlords, building personal armies electoral-vote winner: Keep the electoral col- well.∑ equipped with electronic technologies, con- lege but award the popular vote winner a ducting hostilities against various rival war- f bonus of electoral votes. This is the ‘‘na- lords, forming alliances with others, and, if tional bonus’’ plan proposed in 1978 by the TAKE OUR DAUGHTERS TO WORK they win elections, striving to govern Twentieth Century Fund Task Force on Re- DAY through ad hoc coalitions. Accountability form of the Presidential Election Process. ∑ would fade away. Without the stabilizing in- Ms. LANDRIEU. Mr. President, as The task force included, among others, Rich- fluences of parties, American politics would you walk the halls of the Senate today, ard Rovere and Jeanne Kirkpatrick. (And I grow angrier, wilder, and more irresponsible. you might have noticed many young must declare an interest: I was a member, There are compelling reasons to believe and bright faces. Today we are cele- that the abolition of state-by-state, winner- too, and first proposed the bonus plan in The Wall Street Journal in 1977.) brating the 10th anniversary of ‘‘Take take-all electoral votes would hasten the dis- Our Daughters to Work Day.’’ Senate integration of the party system. Minor par- Under the bonus plan, a national pool of HUTCHINSON and I have been pleased to ties have a dim future in the electoral col- 102 new electoral votes—two for each state lege. Unless third parties have a solid re- and the District of Columbia—would be oversee today’s activities with our col- gional base, like the Populists of 1892 or the awarded to the winner of the popular vote. leagues. Dixiecrats of 1948, they cannot hope to win This national bonus would balance the exist- Over 11-million girls ages 9–15 are electoral votes. Millard Fillmore, the Know- ing state bonus—the two electoral votes al- spending today with their parents, rel- Nothing candidate in 1856, won 21.6 percent ready conferred by the Constitution on each atives, friends, neighbors and other of the popular vote and only 2 percent of the state regardless of population. This reform mentors experiencing the wide range of electoral vote. In 1912, when Theodore Roo- would virtually guarantee that the popular- careers the world has to offer. vote winner would also be the electoral-vote sevelt’s candidacy turned the Republicans Since 1993, 71-million young women— into a third party, William Howard Taft car- winner. ried 23 percent of the popular vote and only and yes, some young men, too—have At the same time, by retaining state elec- participated in this outstanding pro- 1.5 percent of the electoral votes. toral votes and the unit rule, the plan would But direct elections, by enabling minor preserve both the constitutional and the gram. According to a recent poll com- parties to accumulate votes from state to practical role of the states in presidential missioned by the Ms. Foundation for state—impossible in the electoral-college elections. By insulating recounts, it would Women, girls believe the program in- system—would give them a new role and a simplify the consequences of close elections. creased their interest in education, new influence. Direct-election advocates rec- By discouraging multiplication of parties broadened their thinking about the fu- ognize that the proliferation of minor can- and candidates, the plan would protect the ture, and strengthened their relation- didates and parties would drain votes away two-party system. By encouraging parties to from the major parties. Most direct-election ship with their parents and other car- maximize their vote in states that they have ing adults. amendments therefore provide that if no no chance of winning, it would reinvigorate candidate receives 40 percent of the vote the state parties, stimulate turnout, and en- This morning’s Senate activities two top candidates would fight it out in a hance voter equality. The national-bonus began with a breakfast and a tour of runoff election. plan combines the advantages in the historic the Senate floor for approximately 200 This procedure would offer potent incen- system with the assurance that the winner of girls and their sponsors, many of them tives for radical zealots (Ralph Nader, for ex- the popular vote will win the election, and it Senate staff members and assistants ample), freelance media adventures (Pat Bu- would thus contribute to the vitality of fed- who wanted to share with their girls chanan), eccentric billionaires (Ross Perot), eralism. and flamboyant characters (Jesse Ventura) the excitement and challenges of work- to jump into presidential contests; incen- The national-bonus plan is a basic but con- ing in our Nation’s Capitol, and in par- tives, too, to ‘‘green’’ parties, senior-citizen tained reform. It would fit comfortably into ticular, here in the Senate. parties, nativist parties, right-to-life parties, the historic structure. It would vindicate This year I am happy to host ten pro-choice parties, anti-gun-control parties, ‘‘the fundamental maxim of republican gov- young ladies, all with very promising homosexual parties, prohibition parties, and ernment . . . that the sense of the majority should prevail.’’ It would make the American futures, most from my home State of so on down the single-issue line. Louisiana. Please welcome: Miss Lily Splinter parties would multiply not be- democracy live up to its democratic preten- cause they expected to win elections but be- sions. Cowles of Shreveport, LA; Miss Caro- cause their accumulated vote would increase How many popular vote losers will we have line Pullen and Miss Claire Pullen of their bargaining power in the runoff. Their to send to the White House before we finally Houston, TX; Miss Keely Childress of multiplication might well make runoffs the democratize American democracy? Monroe, LA; Miss Elisabeth Whitehead

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.137 pfrm12 PsN: S25PT1 S3428 CONGRESSIONAL RECORD — SENATE April 25, 2002 of Baton Rouge, LA; Miss Megan NATIONAL PECAN MONTH and become a teacher. He currently Haverstock and Miss Lauren ∑ Mr. DOMENICI. Mr. President, I rise teaches social studies at Coachella Val- Haverstock; Miss Kathleen Warner of today to recognize National Pecan ley High in Thermal, California. The Lynn Haven, FL; Miss Ashley Bageant Month. Each April the nation cele- overwhelming number of his students of Spotsylvania, VA; Miss Annie brates the pecan. Used in recipes rang- come from migrant families, and near- Ballard of Baton Rouge, LA; Miss Erin ing from pies and candy to soups and ly all of his students are Spanish- Douget of Opelousas, LA. salads, the pecan is an important part speaking. Mr. Veatch speaks Spanish In closing, I would like to thank the of New Mexico’s diet and economy. to communicate with many of his stu- Ms. Foundation—the founder and orga- New Mexico is the third largest pecan dents and to show respect for their cul- nizer of this outstanding program that producing State following Georgia and ture. has impacted in a very positive way Texas. The Pecan tree is uniquely na- His students and colleagues know Mr. the lives of millions of girls and has be- tive to North America. Pecans were Veatch as a courteous, tireless worker. come a tradition for thousands of He goes the extra mile for his students workplaces across the country.∑ first introduced to New Mexico in the early 1900’s at the New Mexico State and his community. It is not uncom- f University and then in the Mesilla Val- mon for Mr. Veatch to spend hours IN RECOGNITION OF 1976 BROWN ley. In 1932, the late Dean Stahmann after school helping students get UNIVERSITY IVY LEAGUE CHAM- Sr. planted the first commercial Pecan caught up on their course work or to PIONSHIP FOOTBALL TEAM orchard, and pecans quickly became an get ahead. One of his migrant students had to work with his family until No- ∑ Mr. CHAFEE. Mr. President, I rise important product of our State. In 2001, today to recognize Brown University’s the State of New Mexico produced over vember. A place was saved for him in 1976 Ivy League Championship Football 50 million pounds of pecans and had ap- the classroom, and Mr. Veatch worked Team, which recently was inducted proximately 30,000 acres of pecan trees. with him everyday after school to into the Brown University Athletic I am proud of the 15 New Mexico make sure he caught up with the rest Hall of Fame. In particular, I want to counties which produce pecans. Seven of the class. This is just one example of salute Joe Wirth, an assistant coach of of the leading counties in pecan pro- the many students he has helped. that team, who was inducted into the duction include Chavez, Dona Ana, Mr. Veatch’s former principal, Rick Brown Hall of Fame in his own right in Eddy, Lea, Luna, Otero, and Sierra. Alvarez, said of his colleague: ‘‘Believ- 1995, and who was an important influ- Dona Ana county has more than 20,000 ing our students can succeed is not a ence on my own collegiate athletic ca- acres of pecan trees. Eight others in- desire or a facade, but is actually reer. cluding Bernalillo, Curry, De Baca, something Chauncey lives. This caring Joe coached at Brown from 1973 to Grant, Hidalgo, Lincoln, Quay, and can be seen in his eyes and heard in his 1979, and during his tenure, the Brown Roosevelt are all growing as valuable voice and felt in his presence, and University Bears compiled an impres- pecan producing counties. mostly seen in his actions.’’ sive 42–18–1 record. Joe Wirth was a de- Pecans not only taste great, but also Chauncey Veatch said in the Rose fensive genius, and it certainly showed may provide a way to help American’s Garden yesterday as President Bush out on the field—the Brown defense live healthier lives. A recently released presented him with his award, ‘‘If was nationally ranked in five of those study printed in the Journal of Nutri- you’d like to be a part of America’s to- seven seasons. In the 1976 champion- tion reported regular consumption of morrows become a teacher today.’’ Mr. ship year, when the Bears led the way pecans lowers cholesterol in conjunc- Veatch is a living example of the dif- with an 8–1 record, they allowed the tion with a step I diet of the American ference each person can make in the second-fewest points in the Ivy League. Heart Association. I encourage all life of a child. Along side him at the And that stingy defense translated into American’s to celebrate National ceremony were two of his students victories over the traditional league Pecan Month with the people of New whose lives he has touched and un- powers: Princeton, Harvard, and Yale. Mexico.∑ doubtedly changed. His students are It was the first time in the school’s his- f his legacy, as he commonly refers to tory that they beat all three in the them as his ‘‘kids.’’ Through his ac- same season. TRIBUTE TO 2002 TEACHER OF THE tions, it is apparent to me that the As if his responsibilities to the foot- YEAR: CALIFORNIAN CHAUNCEY terms ‘‘kids’’ is not only used a word to ball team were not enough, Joe also VEATCH describe his classroom, but really how was the coach of the wrestling team ∑ Mrs. FEINSTEIN. Mr. President, I he thinks of his students. They are like during that time and he helped keep rise today to pay tribute to a great family. the program alive. He produced a New Californian, Chauncey Veatch, whom I From Army Colonel to ‘‘Teacher of England Champion in 1976. As one of am very proud to know. Chauncey the Year,’’ I am proud to know you Joe’s co-captains on the 1975–76 wres- Veatch has been bestowed the highest Chauncey Veatch and to call you a Cal- tling team, I can attest that he had the honor available to teachers; he has ifornian. In Mr. Veatch’s words, ‘‘There respect and admiration of all of his been named the 2002 ‘‘Teacher of the is nothing more rewarding, nothing wrestlers. We were all so grateful for Year.’’ more patriotic than teaching. It is his leadership and for his encourage- I have had the honor of meeting truly a joy and honor to be a teacher. ment. Chauncey Veatch on two occasions. This award belongs to my students.’’∑ Despite the time commitments asso- First when he became California’s ∑ Mrs. BOXER. Mr. President, I rise ciated with his football and wrestling Teacher of the Year, and then again today to bring to the Senate’s atten- teams, Joe remained a family man. today. I could tell from my first meet- tion an exceptional person—Chauncey With his wife, Carol, he raised a won- ing with Mr. Veatch that California Veatch, a teacher from Coachella Val- derful family of six children. was lucky to have a teacher like him in ley High School in Thermal, California. To this day, Joe Wirth is a popular the State. His love for teaching and He teaches world history, govern- figure in Brown athletic circles. His genuine concern for his students was ment and ninth-grade career prepara- players still recall his admonition to apparent from the way he spoke about tion at Coachella Valley High School. never give up ‘‘until the last white line his classroom, students, and commu- He also does much more. He has taught is crossed.’’ In honor of his accomplish- nity. English as a Second Language and citi- ments as a Brown coach, I will con- Mr. Veatch did not always know he zenship classes in evening adult school. clude with a toast first offered to the wanted to be a teacher. He came to He revived the high school’s cadet pro- 1976 Ivy League Champions by my teaching later in his career. He first gram, which has grown to 170 students. classics professor, John Rowe Work- spent 22 years in the Army infantry And he is often found with his students man: and medical services corps, working as and their families outside of school in To your continued good health To your continued prosperity a medical administrator. the community. Although he has only And to the maintenance of the great After retiring in 1995, Mr. Veatch de- been teaching since 1995, after 22 years tradition∑ cided to follow in his siblings footsteps of service in the U.S. Army, Mr. Veatch

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00092 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.158 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3429 has become a mentor and an inspira- Public Works Committee, we believe you Although for obvious reasons we cannot tion not only to his students, but to would be interested in our position on the disclose the specifics of our tactical strat- other teachers as well. issues raised by the former officers. The at- egy, we want the public to know that it has While he has never sought recogni- tached paper represents the position of Local been validated numerous times by both in- 501 of the Security, Police and Fire Profes- dustry and military experts and that, as the tion, Chauncey Veatch was selected sionals of America. We feel that it is espe- people who will employ it into actual use, we last year as California Teacher of the cially important for you and your colleagues are confident that it is sound. Year. More significantly he was re- to have a full perspective on these issues. On September 11, due to our heightened cently honored at the White House as We would be pleased to provide any addi- state of alert, we stopped conducting tactical the 2002 National Teacher of the year. tional information or respond to any other training drills on shift. Drills, though, are an Chauncey Veatch believes in his stu- questions you may have. essential part of the training process, and in January of this year, we began to once again dents and demonstrates that belief to Thank you for your consideration. Sincerely, practice our defensive strategy. The resump- them every day. The result is they be- CLIFFORD BULLOCK, tion of drills coincided with the few weeks lieve in themselves. Their success in President, Local 501, Security, Police that the former officers actually worked on school, and in life, is remarkable. and Fire Professionals of America. shift. In their statements, they criticized our California is extremely proud of ability to perform our jobs of protecting this Chauncey Veatch. I am honored to pay STATEMENT ON SECURITY AT SEABROOK STA- plant and the public from a terrorist attack tribute to him. As National Teacher of TION FROM SECURITY, POLICE AND FIRE PRO- based upon what they saw. Drills are per- formed as ‘‘force on force’’ exercises, mean- the Year he will travel for a year as an FESSIONALS OF AMERICA—LOCAL 501—APRIL 23, 2002 ing that a mock adversary team actually education ambassador. I encourage my Since the tragic events of September 11, ‘‘attacks’’ the on-shift security officers. Ex- colleagues to join me in wishing the nation has been focused on its security plosions, gunfire and ‘‘kills’’ are simulated, Chauncey Veatch continued success as like never before. The public and media have and after the drills are complete, a critique he spreads his positive message across been quick to both praise and criticize the is completed and feedback given not only to our nation and beyond and as he con- men and women tasked with keeping us safe those involved, but also to the officers who tinues his exceptional teaching.∑ from harm. Recently, light has been shed on did not participate in the drills. A mistake a relatively unknown part of America’s crit- or failure during a drill may serve to save f ical infrastructure; the protection of our na- that person’s life during an actual attack on NUCLEAR SECURITY OFFICERS tion’s commercial nuclear power reactors. It the plant. It should be noted that sometimes the defending officers do not win the the ∑ Mr. SMITH of New Hampshire. Mr. seems that since September 11, hardly a week goes by that there is not a story in the drills. This is not a reflection of our abilities President, I rise to recognize the brave news regarding the possibility of attacks or aptitude, but rather of the difficulty of and patriotic security officers who pro- against a nuclear power plant. This in- the exercises that are conducted. Adversary tect the Seabrook Nuclear Power Sta- creased media attention has produced two teams consist of well-trained officers and su- tion in my State of New Hampshire. results. It has shown us that prior to Sep- pervisors who are not only familiar with Recently, allegations have been made tember 11, most people in this country were every square inch of the facility, but are also unaware of the importance of homeland se- experts on our tactical and defensive strat- that have caused great concern to egy and can predict every movement of the these highly trained professions. The curity. It has also shown us that in this time of national uncertainty, anyone appearing defenders. Drills are meant to be difficult in Local 501 Security, Police and Fire on television, regardless of his or her back- order to reinforce the skills of the officers Professionals of America have written ground, education or experience, may be con- involved. With the odds stacked so far in a letter to me and provided a position sidered a ‘‘security expert’’. favor of the adversaries, the public should paper representing their views of secu- In recent weeks, former newly hired secu- take solace in the fact that we actually win rity at Seabrook Station and respond- rity officers have expressed their perception many more drills than we lose. Initial train- that the security at the Seabrook Nuclear ing is only one step in the ongoing develop- ing to the issues raised by others. One ment of the skills and experience required to particular part of the position paper Power Station is inadequate. We would like the public to know that the concerns ex- protect the public from the danger of a ter- caught my attention as it exemplifies pressed by these individuals had been bought rorist attack on our facility. the character of the brave men and to the attention of management, and that There was one last concern brought forth women who serve and protect our nu- they were being evaluated and any discrep- by these individuals that we wish to address clear power plants. It reads, ancies addressed. The former officers’ main as being not only erroneous, but also as nothing short of a personal attack on the The last thing that you should know about area of concern centered on the initial train- hard-working men and women of the secu- us is that we are your family, your friends ing they received when they were hired in rity staff at Seabrook Station. Our former and your neighbors. Most of us live within 20 November 2001. They expressed discontent co-workers have stated that in the event of miles of the plant. We have families and chil- with the quality and quantity of tactical and weapons training they received during the an actual attack, the majority of officers dren of our own. Everything that we have would use their weapons to flee the plant. We six weeks of initial classroom and practical worked so hard for and love is in close prox- want to state for the record that the dedica- instruction. In an open letter to the public, imity to this plant. We are not cowards and tion and integrity of the security force at one of the former officers stated that he fired will not run. God forbid the day ever comes, Seabrook is unimpeachable. but if it does, we will stay and fight for you only 96 rounds at the range before being de- Since September 11, despite long hours and and for our friends and families. clared ‘‘proficient’’ with his weapon. What he few days off, no officer who was here prior to I want to thank the President of failed to disclose was that after firing 96 the terrorist attacks, has resigned or been practice rounds, he then fired 120 rounds in Local 501, Clifford Bullock, and all of terminated. Those of us who were here before order to qualify with his weapon using a have stayed, not because we cannot find the professionals who are members of state of New Hampshire and U.S. Nuclear Local 501 for providing their well-in- other jobs, but because we are dedicated to Regulatory Commission-certified course of what we do. formed perspective on security at fire. After qualification came familiarization For those of you who do not know us, Seabrook Station. Most importantly, training on a stress-fire course and low-light please allow us to introduce ourselves. We Mr. President, I want to thank them firing. Only after successful completion of are educated, experienced and hard-working for their bravery and commitment to this training (300–350 rounds) is any officer individuals. Thirty percent of us have college protecting all of us—they are true pa- declared ‘‘proficient’’ with his or her weapon. degrees. Eighty percent have prior military, Admittedly, we would all like more time to law enforcement or security experience. On triots. I ask that the letter and posi- practice with our weapons, not only because tion paper of Local 501 be printed in average we are 38 years old, and have worked we want to hone our skills, but also because as security officers at Seabrook Station for the CONGRESSIONAL RECORD. we enjoy it and are very good at it. over eight years. Since September 11, we APRIL 24, 2002. The strategic doctrine of nuclear power fa- have worked roughly 60 hours per week. We The Hon. ROBERT SMITH, cilities is not designed to be as extensive as know the dangers inherent in our work; we U.S. Senate, that of a SWAT team or a Special Forces know the possibility of a terrorist attack on Washington, DC. branch of the military. We are by our very a U.S. nuclear power plant. Every day that DEAR SENATOR SMITH: We understand from nature, defensive, not offensive. During our we drive through the gate, we know that we news media reports that two former security initial training we spend approximately four are putting our lives at risk to protect the officers from Seabrook Station are planning days learning general and site-specific tac- public, yet we continue to come. to meet with various Congressional staff tics. This training, coupled with an intimate The last thing that you should know about members to discuss concerns they have knowledge of the plant, ongoing training and us is that we are your family, your friends about their service at Seabrook. drills and a fair measure of common sense and your neighbors. Most of us live within 20 As the Senator from New Hampshire and prepares an individual to protect this plant miles of the plant. We have families and chil- the ranking member of the Environment and in the event of an attack. dren of our own. Everything that we have

VerDate 11-MAY-2000 06:49 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00093 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.140 pfrm12 PsN: S25PT1 S3430 CONGRESSIONAL RECORD — SENATE April 25, 2002 worked so hard for and love is in close prox- As the Senator from Maryland and a NATIONAL ORGAN AND TISSUE imity to this plant. We are not cowards and member of the Senate Select Com- DONOR AWARENESS WEEK we will not run. God forbid the day ever mittee on Intelligence, I want to thank ∑ comes, but if it does, we will stay and fight Mr. Jacobs for his dedication to the Ms. STABENOW. Mr. President, I for you and for our friends and families. rise today to honor National Organ and Members of the public should be confident United States of America. He has served our nation with honor. I wish Tissue Donor Awareness Week, April 21 that the security of Seabrook Station is through April 27, 2002. I want to com- tight, and will get tighter in the months Mike well as he enters a new phase of ahead. We will be the first to admit that we his life.∑ mend the thousands of families each year whose selfless generosity helps are not perfect. As in any organization, we f have areas in need of improvement. We have save the lives of others. Since January, been addressing these areas and together THE INTERNATIONAL TRADE COM- 115 people in my State of Michigan with management, continue to strive to- MISSION: LOOKING TO THE FU- have received organ or tissue trans- wards making these improvements a reality. TURE plants. Unfortunately, in that same In the meantime, we will continue to be here ∑ time, 40 people in Michigan have died to protect the public from the threat of radi- Mr. GRASSLEY. Mr. President, this ological sabotage, just as we have been since year marks the 76th year of operations waiting for needed organs. well before September 11, 2001. for the U.S. International Trade Com- Each day in America, about 63 people CLIFFORD BULLOCK, mission, ITC. Throughout that time, receive an organ transplant, but 16 die President, Local 501—Security, Police the Commission has played an essen- waiting. Over 79,000 Americans are on and Fire Professionals of America.∑ tial role in the administration of U.S. waiting lists for organs and tissues. f trade remedy laws. For many of them, this issue is about Today, I would like to emphasize two TRIBUTE TO MICHAEL JACOBS their very survival. Right now, we have aspects of the ITC that I believe are almost everything we need to save ∑ Ms. MIKULSKI. Mr. President, I rise critical to their ability to effectively these lives. We have skilled doctors today to pay tribute to Michael J. Ja- administer U.S. trade remedy laws in and medical professionals and we have cobs as he leaves the National Security the future. hospitals with transplant facilities. All Agency. Mr. Jacobs has served our na- First, it is important to remember we need now are people who are willing tion for more than 38 years. He has dis- that the ITC is an independent, impar- to share the gift of life with others. tinguished himself and the National tial arbiter in international trade dis- I would like to share the story of Security Agency in positions of in- putes under U.S. trade law. This inde- Maria Compagner, a 5-year-old girl who creasing responsibility. Mr. Jacobs pendent stature was established and is capped his illustrious career as the In- guaranteed by the Congress. Inevi- lives in Holland, MI. When Maria was 2 formation Assurance Director of the tably, by deciding the cases on the months old, she was diagnosed with he- National Security Agency. merits, the Commission has made deci- patic hemangioendotheliomas on her Mr. Jacobs is an outstanding example sions that may be unpopular with cer- liver, which caused her liver to grow at of the many dedicated public servants tain industry sectors or individual Sen- such a rapid pace that it pushed her who fulfill critical needs, often without ators and Representatives—including other vital organs out of place. She was public recognition. When Mr. Jacobs me—and will doubtless to so again. hospitalized, received chemotherapy joined the NSA, the agency’s existence But, despite disagreements the Con- and Alpha Inferon treatment, followed was a secret. While the American peo- gress continues to defend the Commis- by steroid treatments. The treatments ple now know and appreciate more sion’s independence. The fact that the permanently damaged Maria’s thyroid about the NSA, most of the attention Commission and Commissioners can gland and inhibited growth hormone goes to signals intelligence. rule on the merits, without fear of po- production. She will have to take syn- Mr. Jacobs made his mark fulfilling litical pressure or retribution, is cru- thetic hormones for the rest of her life. the NSA’s other core mission: informa- cial to America’s economy at home and Maria suffered from congestive heart tion assurance. He has led and shaped our trade negotiations abroad. failure, severe respiratory distress the essential effort to develop secure As other nations begin to implement which led to many intubations, a pul- information systems. Our Presidents, their own trade remedy laws, they monary hemorrhage in her lung, sev- our Armed Forces, our diplomats, our often look to U.S. law and institutions eral serious infections, hypothyroid intelligence agencies, and other Gov- for guidance. It is important the U.S. condition, a collapsed lung, pneu- ernment leaders depend on secure com- institutions serve as good models for monia, chronic emesis, aspiration, and munications every day. During his ten- other nations. One way to do that is for severe reflux, all before her first birth- ure, Mr. Jacobs has shaped every part Congress to ensure that the inde- day. of how our government addresses the pendent nature of the ITC is preserved, Just before her first birthday, Maria Information Assurance needs. regardless of the outcome of any par- finally received a precious gift of life, a Mr. Jacobs demonstrated a real com- ticular case, just as we would any new liver. She spent the next year in mitment to the long-range needs of other quasi-judicial agency. It is our and out of the hospital. After a little America. His initiatives in research duty as elected representatives. catching up, Maria is a happy and well- and education are key examples. He There is one other issue related to adjusted 5-year-old. worked to sustain the Information As- the ITC I would like to highlight, and But she’s not out of the woods yet. In surance Awareness and Training and that is the importance of having ITC November 2000, doctors discovered that Education Research Program. He also Commissioners with an agriculture Maria’s portal vein and inferior vena broke new ground in establishing NSA background. As the number of agricul- cava are blocked and her hepatic ar- Centers of Excellence in Information tural cases before the ITC increases, tery is narrowed. She is now waiting Assurance Education at institutions of the appointment of a Commissioner for a second liver transplant to correct higher learning in Maryland and across with a substantive agricultural back- those problems. the country. ground is crucial to American agri- Mr. Jacobs was stayed ahead of the culture. There are currently a number This week, I urge all Americans to curve in protecting America’s critical of antidumping orders and pending in- consider becoming an organ donor. I information infrastructure. The White vestigations affecting agricultural urge them to think about filling out a House recognized the Information As- products. The ITC’s commissioners donor card. And most importantly, I surance System Security Education must determine whether U.S. pro- urge them to talk to their families and Training Program (NIEPT) he de- ducers have suffered injury from un- about their decision. veloped as a model in Government. fairly traded products. A background When you become an organ donor, Mr. Jacobs’ embodies the best tradi- in agriculture would assist the Com- you guarantee that you will live on not tions of our civil service. That’s why he mission in deciding these cases on the just in the memories of your loved has been recognized with the NSA Ex- merits. I hope that the Administration ones. You will live on in the heart and ceptional Civilian Service Award and will consider nominees with a back- soul of the fellow human beings you the National Intelligence Medal of ground in agriculture, as current Com- save, and in the heart and soul of every Achievement. missioners’ terms expire.∑ loved one that person gets to touch.∑

VerDate 11-MAY-2000 05:14 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00094 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.145 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3431 60TH ANNIVERSARY OF THE years following the Columbine tragedy. our arms to these unstable and authoritarian UNITED WAY OF CHITTENDEN He has put his talents to use. He did so Central Asian regimes, they are gradually COUNTY by urging us to ‘‘Draw the Line on Gun gaining the status not just of America’s tem- porary allies but as our friends. This is a dis- ∑ Mr. JEFFORDS. Mr. President, I Violence.’’ Hasani is 1 of 13 national poster con- astrous betrayal of U.S. interests. Granted, would like to take this opportunity to the promise of quick rewards is enticing. test winners selected from more than recognize and celebrate the United Way However, like all Faustian bargains, the sac- 1,000 entries by the Alliance for Jus- of Chittenden County on the occasion rifice could be considerable. tice’s Co/Motion Program, a national of their 60th Anniversary. Many Perhaps no country sings this siren song program that helps community organi- Vermonters have worked tirelessly for more effectively than Kazakhstan. Although zations teach youth leaders to become this organization throughout the years it is one of the world’s poorest countries, its advocates for a cause in their commu- president, Nursultan Nazarbayev, is ranked and I take great pride in what they nity. Co/motion partners with youth as the eighth richest man in the world. The have accomplished. organizations, national service and reason? He and his two venal sons-in-law Since Henry Way founded the organi- service learning programs, schools and have run Kazakhstan as a family business. zation under the name of the Bur- other community-based organizations The family has sustained itself through gross lington Community Chest in 1942, the corruption and the ruthless exploitation of to provide training to young adults in would-be foreign investors. United Way has brought vital services advocacy and organizing skills. Fur- to generations of Vermonters and The Kazakh leaders entice investments or ther, it empowers young people to take loans, take over the investments under some earned its reputation as a cornerstone action to effect social change. Co/mo- of Chittenden County’s collaborative pretext, then ‘‘sell the same horse’’ again to tion’s Drawing the line on Gun Vio- someone else. With abundant oil, uranium, community development. lence Poster Contest, the first of its and other resources, the country always Vermonters must never take for kind, provided young people the oppor- seems able to find another group of gullible granted the key role the United Way tunity to express their feelings about suitors. If that fails, pseudo-investments can plays in the well-being of our local the issue of gun violence in a rewarding be induced to cover up money laundering communities. Sustainable, grassroots and artistic way. Hasani’s award-win- from the Russian mafia. solutions to complex problems do not ning poster is currently posted on my The recent crisis in Kazakhstan only rein- come easily. In partnership with citi- website (http://levin.senate.gov). forces this image. It began when Rakhat zens, businesses, services, State and Aliyev, son-in-law to President Nursultan I had the pleasure of meeting Hasani Nazabayev, was forced to resign his position Federal Government, the United Way earlier this week and I commended him helps to fund such worthy organiza- as deputy chairman of the National Security on his hard work and honest depiction Committee after reportedly making an tions as the Girl Scouts, YMCA, Red of the results of gun violence. I am sure Absalom-like run at his father-in-law’s au- Cross, Salvation Army, and many that I speak for many of my Senate thority. He re-emerged just days later as the more. colleagues in congratulating Hasani new head of the presidential guard, seem- Communities throughout the United Tyus on a job well done.∑ ingly unscathed, but he had driven the first States are served well by their local big split in the ruling family. His detractors f United Way chapters. If founders Henry used this opening to form a new party, Way, C.P. Hasbrook, and I. Munn ESSAY BY LELAND MILLER Democratic Choice. Boardman were alive today they would ∑ Mr. BIDEN. Mr. President, recently I While some insiders have suggested that be proud of the organizational strength was asked by a constituent of mine, this new group may be nothing less than a second tier of crooks fighting Aliyev for a the United Way has built through the Mr. Marshall Miller, if I would seek to bigger piece of the pie, the government re- years. I commend the board, staff, con- have an essay on Central Asia that was acted swiftly. Prime Minister Kasymzhomart tributors, and volunteers for their gen- written by his son, Leland, reprinted in Tokayev, a Nazarbayev crony, angrily de- erous efforts in securing crucial re- the CONGRESSIONAL RECORD. Leland manded (and received) the resignations of sources for their communities. The leg- Miller is a second year law student at four top cabinet members, all of whom were acy of these groundbreaking Vermont- the University of Virginia. I ask that founding members of the new party. ers is honored by sixty years of tena- Mr. Miller’s essay be printed in the Tokayev’s justification?: ‘‘All those dis- agreeing with our policy and wishing to par- cious work. This proud history con- RECORD. ticipate in political movements should re- tinues today under the apt leadership The essay follows: sign.’’ KEEPING CENTRAL ASIA’S KLEPTOCRATS AT of Gretchen Morse. I am sure the Perhaps no one outside of the palace in ARM’S LENGTH United Way of Chittenden County will Astana knows what’s really going on. But in continue to be an example for other (By Leland R. Miller) the world of Kazakh politics, it matters lit- charitable organizations throughout As American planes take off from Uzbek tle whether this battle was an intrafamily the country. airstrips to provide support for the war fight for power or simply a battle amongst The United Way is sure to meet their against the Taliban, another conflict is oc- politicians unhappy with the current divi- community’s challenges in the next 60 curring nearby, underneath the radar of the sion of spoils. Either way, this is clearly not American media. Kazakhstan, the largest years with the vision, leadership and a regime that America should be too identi- territory in Central Asia, is undergoing a fied with. perseverance demonstrated today. palace coup. Yet few in Washington seem to ∑ True, Kazakhstan does draw some favor- I extend my hearty congratulations. know or care. able comparisons, but only when contrasted As the only major area on earth that is f with its neighbors. The fact is, Central Asian still ‘‘up for grabs,’’ Central Asia may very governments are among the most corrupt DRAWING THE LINE ON GUN well become a key geopolitical battleground and repressive regimes in the world. Most in- VIOLENCE of the 21st century. This is nothing new. In herited the apparatuses of their communist the early 20th century, British strategist Sir ∑ Mr. LEVIN. Mr. President, I am predecessors and many have been just as Halford J. Mackinder proclaimed that who- ruthless in wielding it. Most, like pleased to call to the attention of my ever controls Central Asia has the key to Nazarbayev’s and Turkmenbashi’s of Senate colleagues, Mr. Hasani Tyus, a world domination. Yet a century later, it is Turkmenistan, are even extensions of the junior at Cass Technical High School almost an afterthought in American stra- same communist party structure that they in Detroit, MI. He has been drawing for tegic thinking. allegedly replaced. This is a major mistake, the result of two years and has won several Motor City phenomena. First, the war in Afghanistan Autocratic and corrupt governance is the Comic Book Convention art awards. has convinced U.S. policy makers that the rule, not the exception, in Central Asia. The Hasani, along with his father, have need for support—both rhetorical and sub- lack of available political channels is so en- been honored in a book of outstanding stantive—from Central Asian regimes demic in these countries that frustrated citi- African-Americans for their artwork. trumps all other considerations. zens are offered but two choices: attempt to Hasani is also a member of several aca- Second, the promise of the Caspian oil mobilize politically, despite the obvious bar- basin and other large business opportunities riers, or else turn to extra-political means of demic societies, is a straight A student empowerment. and recently earned his black belt in in the lucrative Central Asian energy mar- kets have seduced Washington into turning a It is this second possibility that so des- karate. More importantly, Hasani has blind eye towards whom we are dealing with. perately deserves U.S. attention. Across Cen- done what so many young people As a result of these dual factors, America tral Asia, ethnic and religious differences across the Nation have done in the is walking into a dangerous trap. As we open among the populations constitute a

VerDate 11-MAY-2000 06:49 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.059 pfrm12 PsN: S25PT1 S3432 CONGRESSIONAL RECORD — SENATE April 25, 2002 sizable obstacle to stability and democratic What I would do if I were Senator, by MEASURERS REFERRED governance. Unlike the Balkans, however, it Ashley Bageant. I would increase secu- The following bill was read the first is not an insurmountable one. rity at big buildings and airports so Despite the pervasive following of Islam in and the second times by uunanimous the region, religious extremism does not our environment can be more safe. I consent, and referred as indicated: have the same roots in Central Asia that it would do that by hiring more police of- ficers. I would try to treat everybody H.R. 3763. An act to protect investors by does in other parts of the world. Radical improving the accuracy and reliability of groups, such as the Islamic Movement of the same. I would do what I would corporate disclosures made pursuant to the Uzbekistan (whose leader, Jumaboi Khojiev think would be right for our country. I securities laws, and for other purposes; to Namangani, was reportedly killed fighting in would pay my people more money so the Committee on Banking, Housing, and Afghanistan—some sources say he has mere- they would have enough money to Urban Affairs. ly gone into hiding) are fortunately still the exception. build homeless shelters to get homeless However, this could certainly change if re- people off the street. f pressive regimes continue to kindle the What I would do if I were Senator? flames of religious extremism by stifling vir- By Kathleen Warner, 9th Grade, Future EXECUTIVE AND OTHER tually all other opportunities for political US Senator 2018. As a high school stu- COMMUNICATIONS voice. The horrors of Algeria should not be dent and a Catholic, I am pro-life and The following communications were replicated in Uzbekistan or Tajikistan. feel that my opinion should be strongly Situated in the middle of Russia, China, laid before the Senate, together with and India, and with virtually untapped en- considered. My reasoning on the abor- accompanying papers, reports, and doc- ergy potential, Central Asia would be an tion issue is that a child is a life from uments, which were referred as indi- area of importance to the United States even the point of conception and therefore cated: under the best of circumstances. However, should by the state just like any other the War on Terror has now considerably citizen. Also, if a child is conceived un- EC–6572. A communication from the Dep- upped the ante. Support for the cause of uty General Counsel, Office of National Drug expectedly the mother can put the Control Policy, Executive Office of the Presi- Muslim fundamentalism in Central Asia not child up for adoption where he or she only threatens the region’s stability, but is dent, transmitting, pursuant to law, the re- sure to mean more fuel for a global jihad. As has the same opportunity as other chil- port of a nomination confirmed for the posi- the events of 9/11 have made clear, America dren to live a strong, successful life. tion of Deputy Director for State and Local has as much reason to fear that development Finally, let me say, I am proud to live Affairs, received on April 17, 2002; to the as any of the regimes themselves. in a country where I can express my Committee on the Judiciary. The next generation of America’s leaders opinion like this.∑ EC–6573. A communication from the Dep- must not be made apologists for today’s poli- uty Assistant Director, Fish and Wildlife cies aimed at the short-term and short-sight- Service, Office of Law Enforcement, Depart- f ed advancement of U.S. interests. This ment of the Interior, transmitting, pursuant means avoiding marriages of convenience to law, the report of a rule entitled ‘‘Confer- with repressive Central Asian regimes that MESSAGES FROM THE PRESIDENT ring Designated Port Status on Anchorage, will inevitably prove harmful to the nation’s Messages from the President of the Alaska’’ (RIN1018–AH75) received on April 22, future. 2002; to the Committee on Environment and The New Great Game in Central Asia is United States were communicated to Public Works. very much a battle of good against evil. De- the Senate by Ms. Evans, one of his EC–6574. A communication from the Chair- mocracy, not Islamic extremism, must fill secretaries. man and Vice Chairman of the Federal Elec- the political void. While the U.S. has no role tion Commission, transmitting jointly, the in fomenting or aiding these ‘‘coups of the f Fiscal Year 2003 Budget Request Amend- apparatchiks,’’ Americans are still beholden ment; to the Committee on Rules and Ad- to one obligation: We need to at least make ministration. ∑ EXECUTIVE MESSAGES REFERRED sure we are not rooting for the wrong side. EC–6575. A communication from the Acting f As in executive session the Presiding Chairman of the Merit Systems Protection Officer laid before the Senate messages Board, transmitting, a report relative to the TAKE OUR DAUGHTERS TO WORK from the President of the United Merit Systems Protection Board Reauthor- DAY States submitting sundry nominations ization Act of 2002; to the Committee on ∑ Ms. LANDRIEU. Mr. President, I which were referred to the appropriate Governmental Affairs. have had the privilege of hosting some committees. EC–6576. A communication from the Gen- eral Counsel of the Department of Defense, of the future leaders of America in my (The nominations received today are transmitting, a draft of proposed legislation office as part of Ms. Magazine’s Take printed at the end of the Senate pro- entitled ‘‘National Defense Authorization Our Daughters to Work Day. As part of ceedings. Act for Fiscal Year 2003’’; to the Committee the day’s activities I asked them to on Armed Services. write a speech on what they would do if f elected to serve as a United States Sen- f ator. I am proud to submit for the MESSAGE FROM THE HOUSE record some of their responses. PETITIONS AND MEMORIALS If I were a United States Senator by At 12:05 p.m., a message from the Annie Ballard, 5th Grade, Future US House of Representatives, delivered by The following petitions and memo- Senator 2021. As a Senator of the Mr. Hays, one of its reading clerks, an- rials were laid before the Senate and United States I will find equality for nounced that the House has passed the were referred or ordered to lie on the all peoples of the Nation. For every following bill, in which it requests the table as indicated: man, woman and child of all races and concurrence of the Senate: POM–229. A resolution adopted by the Sen- types. Every man and woman should H.R. 3763. An act to protect investors by ate of the Legislature of the State of Michi- have equal pay and treatment. In some improving the accuracy and reliability of gan to support Federal assistance, through places of the country, women and peo- corporate disclosures made pursuant to the the Transportation Efficiency Act, for the securities laws, and for other purposes. Village of Holly/Rose Township Michigan ple of color are not payed or treated Highway-Rail Life Safety Access Project; to equally to whites and men. Hispanics ENROLLED BILL SIGNED the Committee on Appropriations. might be payed $2.29 for 13 hours of At 3:19 p.m., a message from the SENATE RESOLUTION NO. 172 work each day. Some women are quali- House of Representatives delivered by fied for jobs and have to give them up Mr. Hays, one of its reading clerks, an- Whereas, Blockage of the Cogshall Road because of a less qualified man. Teams crossing creates a life-threatening danger to nounced that the Speaker has signed residents in Holly Shores, a mobile home of sports will choose males over fe- the following enrolled bill: subdivision, when emergency vehicles cannot males in football, baseball and other H.R. 4167. An act to extend for 8 additional gain access; and sports. In this bill, I plan to equalize months the period for which chapter 12 of Whereas, Proximity of wetland limits the all jobs, sports and pay for all people of title 11 of the United States Code is reen- areas that can be used to address the prob- the United States of America. acted. lem; and

VerDate 11-MAY-2000 06:49 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.061 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3433 Whereas, Local, state, and railroad match- dress each of the three critical areas that By Mr. LEAHY, from the Committee on ing contributions will be used in conjunction will create economic stability and allow full the Judiciary, without amendment: with the Transportation Efficiency Act growth; and be it further S. 410: A bill to amend the Violence (TEA–21) grant to extend a passing siding to Resolved, That the House of Representa- Against Women Act of 2000 by expanding ensure no extended blockage and thus access tives ask the Congress to help workers by legal assistance for victims of violence grant for emergency vehicles; and considering the following provisions: extend- program to include assistance for victims of Whereas, A permanent resolution is nec- ing federally funded unemployment com- dating violence. essary to address this significant safety pensation, where needed, by 26 weeks; aiding By Mr. JEFFORDS, from the Committee problem; now, therefore, be it workers by improving health care access by on Environment and Public Works, with Resolved by the Senate, That the members at least paying 75% of the COBRA health amendments and an amendment to the title: of this legislative body memorialize the Con- care costs and other health care assistance; S. 1721: A bill to designate the building lo- gress of the United States to approve federal aiding workers by fully funding targeted cated at 1 Federal Plaza in New York, New assistance, through the TEA–21 grant pro- training and worker reemployment programs York, as the ‘‘James L. Watson United gram, for the Village of Holly/Rose Township and taking such other actions to save per- States Court of International Trade Build- Michigan Highway-Rail Life Safety Access sonal homes and stabilize credit trans- ing.’’ Project; and be it further actions; and be it further By Mr. LEAHY, from the Committee on Resolved, That copies of this resolution be Resolved, That the House of Representa- the Judiciary, with an amendment in the na- transmitted to the President of the United tives respectfully request that the Congress ture of a substitute: States Senate, the Speaker of the United provide aid to affected states to offset rev- S. 1974: A bill to make needed reforms in States House of Representatives, and the enue deficits; and be it further the Federal Bureau of Investigation, and for Resolved, That copies of this resolution be members of the Michigan congressional dele- other purposes. transmitted to the President of the United gation. By Mr. LEAHY, from the Committee on States, to the presiding officer of each house the Judiciary, without amendment and with of Congress and to each member of Congress POM–230. A resolution adopted by the a preamble: from Pennsylvania. House of the General Assembly of the Com- S. Con. Res. 102: A concurrent resolution monwealth of Pennsylvania relative to eco- POM–231. A resolution adopted by the proclaiming the week of May 4 through May nomic stimulus legislation; to the Com- Town Board of New Castle, New York rel- 11, 2002, as ‘‘National Safe Kids Week.’’ mittee on Finance. ative to nuclear power plants; to the Com- f HOUSE RESOLUTION NO. 348 mittee on Energy and Natural Resources. EXECUTIVE REPORTS OF Whereas, The attack on America of Sep- f COMMITTEES tember 11, 2001, was a shock to the Common- wealth of Pennsylvania and the nation; and REPORTS OF COMMITTEES The following executive reports of Whereas, There is an ongoing military and The following reports of committees committees were submitted: multidimensional response to terrorism that were submitted: By Mr. LEAHY for the Committee on the we strongly support; and By Mr. LEAHY, from the Committee on Judiciary. Whereas, The United States faces the po- the Judiciary, with an amendment in the na- John Edward Quinn, of Iowa, to be United tential of a serious recession, having already ture of a substitute: States Marshal for the Northern District of lost 50,000 manufacturing jobs in Pennsyl- S. 864: A bill to amend the Immigration Iowa for the term of four years. vania since the beginning of the year, and and Nationality Act to provide that aliens David Phillip Gonzales, of Arizona, to be the attack on America may cause the loss of who commit acts of torture, extrajudicial United States Marshal for the District of Ar- an estimated additional 15,000 jobs; and killings , or other specified atrocities abroad izona for the term of four years. Whereas, The Congress of the United are inadmissible and removable and to estab- Edward Zahren, of Colorado, to be United States has already taken critical action to lish within the Criminal Division of the De- States Marshal for the District of Colorado support affected industries and is proposing partment of Justice an Office of Special In- for the term of four years. additional aid to business; and vestigations having responsibilities under Charles M. Sheer, of Missouri, to be United Whereas, The Congress is considering an that Act with respect to all alien partici- States Marshal for the Western District of economic stimulus package; and pants in war crimes, genocide, and the com- Missouri for the term of four years. Whereas, The core goal of an economic mission of acts of torture and extrajudicial Gorden Edward Eden, Jr., of New Mexico, stimulus package is the stabilization of com- killings abroad. (Rept. No. 107–144). to be United States Marshal for the District munities; and By Mr. JEFFORDS, from the Committee of New Mexico for the term of four years. Whereas, Supporting business to stabilize on Environment and Public Works, without John Lee Moore, of Texas, to be United employment must be a critical part of any amendment: States Marshal for the Eastern District of economic stimulus package to be adopted by H.R. 495: A bill to designate the Federal Texas for the term of four years. the Congress; and building located in Charlotte Amalie, St. Ronald Henderson, of Missouri, to be Whereas, Supporting workers must be in- Thomas, United States Virgin Islands, as the United States Marshal for the Eastern Dis- cluded as part of any economic stimulus ‘‘Ron de Lugo Federal Building.’’ trict of Missouri for the term of four years. package to stabilize the economy; and H.R. 819: A bill to designate the Federal By Mr. GRAHAM for the Select Committee Whereas, Supporting State and local gov- building located at 143 West Liberty Street, on Intelligence. ernments to avoid or lessen state or local tax Medina, Ohio, as the ‘‘Donald J. Pease Fed- *John Leonard Helgerson, of Virginia, to revenues is a critical part of any economic eral Building.’’ be Inspector General, Central Intelligence stimulus package; and H.R. 3093: A bill to designate the Federal Agency. Whereas, The economic stimulus package building and United States courthouse lo- should include the following provisions: ex- cated at 501 Bell Street in Alton, Illinois, as *Nomination was reported with rec- tending federally funded unemployment the ‘‘William L. Beatty Federal Building and ommendation that it be confirmed sub- compensation, where needed, by 26 weeks; United States Courthouse.’’ H.R. 3282: A bill to designate the Federal ject to the nominee’s commitment to aiding workers by improving health care ac- building and United States courthouse lo- respond to requests to appear and tes- cess by at least paying 75% of the COBRA cated at 400 North Main Street in Butte, tify before any duly constituted com- health care costs and other health care as- Montana, as the ‘‘Mike Mansfield Federal mittee of the Senate. sistance; aiding workers by fully funding tar- Building and United States Courthouse.’’ (Nominations without an asterisk geted training and worker reemployment By Mr. LEAHY, from the Committee on programs and taking such other actions to were reported with the recommenda- the Judiciary, with an amendment and an tions that they be confirmed.) save personal homes and stabilize credit amendment to the title and with a preamble: transactions; and S. Res. 109: A resolution designating the f Whereas, If the Congress does not address second Sunday in the month of December as INTRODUCTION OF BILLS AND the critical areas of economic stimulus, busi- ‘‘National Children’s Memorial Day’’ and the ness workers and State and local govern- last Friday in the month of April as ‘‘Chil- JOINT RESOLUTIONS ment, these costs will have to be borne by dren’s Memorial Flag Day.’’ The following bills and joint resolu- State and local governments, workers and By Mr. LEAHY, from the Committee on tions were introduced, read the first business; and the Judiciary, without amendment and with and second times by unanimous con- Whereas, The economic stimulus package a preamble: adopted by the Congress on October 24, 2001, S. Res. 245: A resolution designating the sent, and referred as indicated: fails to adequately address the needs of week of May 5 through May 11, 2002, as ‘‘Na- By Mr. CORZINE: workers in state and local government; tional Occupational Safety and Health S. 2250. A bill to amend title 10, United therefore be it Week.’’ States Code, to reduce the age for receipt of Whereas, That the House of Representa- S. Res. 249: A resolution designating April military retired pay for nonregular service tives of the Commonwealth of Pennsylvania 30, 2002, as ‘‘Dia de los Ninos: Celebrating from 60 to 55; to the Committee on Armed urge the Congress of the United States to ad- Young Americans’’, and for other purposes. Services.

VerDate 11-MAY-2000 06:49 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.125 pfrm12 PsN: S25PT1 S3434 CONGRESSIONAL RECORD — SENATE April 25, 2002 By Mr. SPECTER: By Mr. CLELAND: S. 2287. A bill to reliquidate certain entries S. 2251. A bill to suspend temporarily the S. 2270. A bill to suspend temporarily the of tomato sauce preparation; to the Com- duty on a certain chemical; to the Com- duty on certain textile machinery; to the mittee on Finance. mittee on Finance. Committee on Finance. By Mrs. CLINTON (for herself and Mr. By Mr. SPECTER: By Mr. SMITH of New Hampshire (for SCHUMER): S. 2252. A bill to suspend temporarily the himself, Mr. INHOFE, and Mr. ENSIGN): S. 2288. A bill to reliquidate certain entries duty on a certain chemical; to the Com- S. 2271. A bill to provide for research on, of tomato sauce preparation; to the Com- mittee on Finance. and services for, individuals with post-abor- mittee on Finance. By Mr. SPECTER: tion depression and psychosis; to the Com- By Mr. REED (for himself and Mr. S. 2253. A bill to suspend temporarily the mittee on Health, Education, Labor, and CHAFEE): duty on a certain chemical; to the Com- Pensions. S. 2289. A bill to suspend temporarily the mittee on Finance. By Mrs. CLINTON (for herself and Mr. duty on benzoic acid, 2-amino-4[[(2,5- By Mr. SPECTER: SCHUMER): dichlorophenyl)amino]carbonyl]-, methyl ester; to the Committee on Finance. S. 2254. A bill to suspend temporarily the S. 2272. A bill to clarify certain provisions By Mr. REED (for himself and Mr. duty on a certain chemical; to the Com- of the Tariff Suspension and Trade Act of CHAFEE): mittee on Finance. 2000; to the Committee on Finance. By Mrs. CLINTON (for herself and Mr. S. 2290. A bill to extend the temporary sus- By Mr. SPECTER: pension of duty on Pigment Yellow 175; to S. 2255. A bill to suspend temporarily the SCHUMER): S. 2273. A bill to reliquidate certain entries the Committee on Finance. duty on copper 8-quinolinolate; to the Com- By Mr. REED (for himself and Mr. mittee on Finance. of tomato sauce preparation; to the Com- CHAFEE): By Mr. SPECTER: mittee on Finance. By Mrs. CLINTON (for herself and Mr. S. 2291. A bill to extend the temporary sus- S. 2256. A bill to suspend temporarily the pension of duty on Pigment Yellow 175; to duty on a certain chemical; to the Com- SCHUMER): S. 2274. A bill to reliquidate certain entries the Committee on Finance. mittee on Finance. By Mr. REED (for himself and Mr. By Mr. SPECTER: of tomato sauce preparation; to the Com- mittee on Finance. CHAFEE): S. 2257. A bill to include shoulder pads as a S. 2292. A bill to extend the temporary sus- By Mrs. CLINTON (for herself and Mr. finding or trimming for the purposes of the pension of duty on Pigment Red 187; to the African Growth and Opportunity Act, and SCHUMER): Committee on Finance. S. 2275. A bill to reliquidate certain entries the Caribbean Basin Economic Recovery Act, By Mr. REED (for himself and Mr. of tomato sauce preparation; to the Com- and for other purposes; to the Committee on CHAFEE): Finance. mittee on Finance. S. 2293. A bill to extend the temporary sus- By Mr. SANTORUM: By Mrs. CLINTON (for herself and Mr. pension of duty on Pigment Red 185; to the S. 2258. A bill to suspend temporarily the SCHUMER): Committee on Finance. S. 2276. A bill to reliquidate certain entries duty on 2-Amino-5-sulfobenzoic acid; to the By Mr. REED (for himself and Mr. of tomato sauce preparation; to the Com- Committee on Finance. CHAFEE): mittee on Finance. By Mr. SANTORUM: S. 2294. A bill to suspend temporarily the By Mrs. CLINTON (for herself and Mr. S. 2259. A bill to suspend temporarily the duty on p-amino benzamide; to the Com- SCHUMER): duty on 2-Amino-6-nitro phnol-4-sulfonic mittee on Finance. S. 2277. A bill to reliquidate certain entries acid; to the Committee on Finance. By Mr. REED (for himself and Mr. of tomato sauce preparation; to the Com- By Mr. SANTORUM: CHAFEE): mittee on Finance. S. 2260. A bill to suspend temporarily the S. 2295. A bill to extend the temporary sus- By Mrs. CLINTON (for herself and Mr. duty on p-Aminoazobenzene-4-sulfonic acid pension of duty on Solvent Blue 124; to the SCHUMER): and its monosodium salt; to the Committee Committee on Finance. S. 2278. A bill to reliquidate certain entries By Mr. REED (for himself and Mr. on Finance. of tomato sauce preparation; to the Com- By Mr. SANTORUM: CHAFEE): mittee on Finance. S. 2296. A bill to extend the temporary sus- S. 2261. A bill to suspend temporarily the By Mrs. CLINTON (for herself and Mr. pension of duty on 4-Amino-2,5-dimethoxy-N- duty on 2,5-bis-[(1,3-Dioxobutyl)amino] ben- SCHUMER): phenylbenzene sulfonamide; to the Com- zene sulfonic acid; to the Committee on Fi- S. 2279. A bill to reliquidate certain entries mittee on Finance. nance. of tomato sauce preparation; to the Com- By Mr. REED (for himself and Mr. By Mr. SANTORUM: mittee on Finance. CHAFEE): S. 2262. A bill to suspend temporarily the By Mrs. CLINTON (for herself and Mr. S. 2297. A bill to extend the temporary sus- duty on 2-Mthyl-5-nitrobenzenesulfonic acid; SCHUMER): pension of duty on Solvent Blue 104; to the to the Committee on Finance. S. 2280. A bill to reliquidate certain entries Committee on Finance. By Mr. SANTORUM: of tomato sauce preparation; to the Com- By Mr. REED (for himself and Mr. S. 2263. A bill to suspend temporarily the mittee on Finance. CHAFEE): duty on 3-[(4 Amino-3-methoxyphenyl) Azo] By Mrs. CLINTON (for herself and Mr. S. 2298. A bill to extend the temporary sus- benzene sulfonic acid and its salts; to the SCHUMER): pension of duty on Pigment Yellow 154; to Committee on Finance. S. 2281. A bill to reliquidate certain entries the Committee on Finance. By Mr. SANTORUM: of tomato sauce preparation; to the Com- By Mr. REED (for himself and Mr. S. 2264. A bill to extend the suspension of mittee on Finance. CHAFEE): the duty on 11-Aminoundecanoic acid; to the By Mrs. CLINTON (for herself and Mr. S. 2299. A bill to extend the temporary sus- Committee on Finance. SCHUMER): pension of duty on Pigment Red 176; to the By Mr. SANTORUM: S. 2282. A bill to reliquidate certain entries Committee on Finance. S. 2265. A bill to provide for the elimi- of tomato sauce preparation; to the Com- By Mr. REED (for himself and Mr. nation of duty on TOPSPIN; to the Com- mittee on Finance. CHAFEE): mittee on Finance. By Mrs. CLINTON (for herself and Mr. S. 2300. A bill to extend the temporary sus- pension of duty on Pigment Yellow 214; to By Mr. SANTORUM: SCHUMER): S. 2266. A bill to provide for the elimi- S. 2283. A bill to reliquidate certain entries the Committee on Finance. nation of duty on Thiophanate-Methyl; to of tomato sauce preparation; to the Com- By Mr. REED (for himself and Mr. the Committee on Finance. mittee on Finance. CHAFEE): S. 2301. A bill to extend the temporary sus- By Mr. GRASSLEY: By Mrs. CLINTON (for herself and Mr. pension of duty on Pigment Yellow 180; to S. 2267. A bill to extend the temporary sus- CHUMER): S the Committee on Finance. pension of duty on a certain polymer; to the S. 2284. A bill to reliquidate certain entries Committee on Finance. By Mr. KERRY: of tomato sauce preparation; to the Com- S. 2302. A bill to suspend temporarily the By Mr. MILLER (for himself and Mr. mittee on Finance. duty on certain filament yarns; to the Com- CRAIG): By Mrs. CLINTON (for herself and Mr. mittee on Finance. S. 2268. A bill to amend the Act estab- SCHUMER): By Mr. KERRY: lishing the Department of Commerce to pro- S. 2285. A bill to reliquidate certain entries S. 2303. A bill to suspend temporarily the tect manufacturers and sellers in the fire- of tomato sauce preparation; to the Com- duty on certain filament yarns; to the Com- arms and ammunition industry from restric- mittee on Finance. mittee on Finance. tions on interstate or foreign commerce; to By Mrs. CLINTON (for herself and Mr. By Mr. KERRY: the Committee on Commerce, Science, and SCHUMER): S. 2304. A bill to suspend temporarily the Transportation. S. 2286. A bill to reliquidate certain entries duty on certain high-performance loud- By Mr. CLELAND: of tomato sauce preparation; to the Com- speakers; to the Committee on Finance. S. 2269. A bill to suspend temporarily the mittee on Finance. By Mr. KERRY: duty on certain textile machinery; to the By Mrs. CLINTON (for herself and Mr. S. 2305. A bill to suspend temporarily the Committee on Finance. SCHUMER): duty on parts for use in the manufacture of

VerDate 11-MAY-2000 06:49 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.119 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3435 high-performance loudspeakers; to the Com- By Mr. HOLLINGS (for himself and Mr. for other purposes; to the Committee on Ag- mittee on Finance. THURMOND): riculture, Nutrition, and Forestry. By Mr. KERRY: S. 2321. A bill to provide for the liquidation By Mr. JOHNSON (for himself, Mr. S. 2306. A bill to suspend temporarily the or reliquidation of certain entries of certain KERRY, Ms. CANTWELL, Mr. duty on a certain chemical used in industrial manufacturing equipment; to the Committee WELLSTONE, Mr. DASCHLE, Mr. BAU- coatings formulation; to the Committee on on Finance. CUS, Mr. INOUYE, Mr. BINGAMAN, Ms. Finance. By Mr. HOLLINGS (for himself and Mr. STABENOW, and Mrs. CLINTON): By Mr. KERRY: THURMOND): S. 2335. A bill to establish the Office of Na- S. 2307. A bill to suspend temporarily the S. 2322. A bill to provide for the liquidation tive American Affairs within the Small Busi- duty on a certain chemical used in industrial or reliquidation of certain entries of certain ness Administration, to create the Native coatings formulation; to the Committee on manufacturing equipment; to the Committee American Small Business Development Pro- Finance. on Finance. gram, and for other purposes; to the Com- By Mr. KERRY: By Mr. GRAHAM: mittee on Small Business and Entrepreneur- S. 2308. A bill to suspend temporarily the S. 2323. A bill to amend the Harmonized ship. duty on a certain chemical used in industrial Tariff Schedule of the United States to pro- f coatings formulation; to the Committee on vide a tariff-rate quota for certified organic Finance. sugar; to the Committee on Finance. SUBMISSION OF CONCURRENT AND By Mr. KERRY: By Mr. GRAHAM: SENATE RESOLUTIONS S. 2309. A bill to suspend temporarily the S. 2324. A bill to provide for the reliquida- duty on a certain chemical used in industrial The following concurrent resolutions tion of a certain drawback claim relating to and Senate resolutions were read, and coatings formulation; to the Committee on juices; to the Committee on Finance. Finance. By Mr. GRAHAM: referred (or acted upon), as indicated: By Mr. KERRY: S. 2325. A bill to provide for the reliquida- By Mr. WELLSTONE: S. 2310. A bill to suspend temporarily the tion of a certain drawback claim relating to S. Res. 252. A resolution expressing the duty on a certain chemical used in industrial juices; to the Committee on Finance. sense of the Senate regarding human rights coatings formulation; to the Committee on By Mr. GRAHAM: violations in Tibet, the Panchen Lama, and Finance. S. 2326. A bill to provide for the reliquida- the need for dialogue between the Chinese By Mr. KERRY: tion of a certain drawback claim relating to leadership and the Dalai Lama or his rep- S. 2311. A bill to suspend temporarily the juices; to the Committee on Finance. resentatives; to the Committee on Foreign duty on a certain chemical used on indus- By Mr. GRAHAM: Relations. trial coatings formulation; to the Committee S. 2327. A bill to amend the Tariff Act of By Mr. SMITH of Oregon (for himself, on Finance. 1930 to permit duty drawback for articles Mrs. CLINTON, Mr. SCHUMER, and Mr. By Mr. HOLLINGS (for himself and Mr. shipped to the insular possessions of the HATCH): HURMOND): T United States; to the Committee on Finance. S. Res. 253. A resolution reiterating the S. 2312. A bill to amend the Harmonized sense of the Senate regarding the rise of By Mr. HARKIN (for himself, Mr. KEN- Tariff Schedule of the United States to pro- Anti-Semitic violence in Europe; to the NEDY, Ms. MIKULSKI, and Mr. DODD): vide for duty free treatment on certain man- S. 2328. A bill to amend the Public Health Committee on Foreign Relations. ufacturing equipment; to the Committee on Service Act and the Federal Food, Drug, and By Mr. LIEBERMAN (for himself, Mr. Finance. Cosmetic Act to ensure a safe pregnancy for GREGG, Mr. CARPER, Mr. HUTCHINSON, By Mr. CORZINE: all women in the United States, to reduce and Mr. BAYH): S. 2313. A bill to suspend temporarily the S. Res. 254. A resolution designating April the rate of maternal morbidity and mor- duty on europium oxide; to the Committee 29, 2002, through May 3, 2002, as ‘‘National on Finance. tality, to eliminate racial and ethnic dispari- Charter Schools Week,’’ and for other pur- By Mr. CORZINE: ties in maternal health outcomes, to reduce poses; considered and agreed to. pre-term, labor, to examine the impact of S. 2314. A bill to suspend temporarily the f duty on yttrium oxide; to the Committee on pregnancy on the short and long term health Finance. of women, to expand knowledge about the ADDITIONAL COSPONSORS safety and dosing of drugs to treat pregnant By Mr. CORZINE: S. 677 S. 2315. A bill to suspend temporarily the women with chronic conditions and women duty on 3-sulfinobenzoic acid; to the Com- who become sick during pregnancy, to ex- At the request of Mr. HATCH, the mittee on Finance. pand public health prevention, education and names of the Senator from Nevada (Mr. By Ms. LANDRIEU: outreach, and to develop improved and more ENSIGN) and the Senator from Massa- S. 2316. A bill to make technical and con- accurate data collection related to maternal chusetts (Mr. KERRY) were added as co- forming changes to provide for the enact- morbidity and mortality; to the Committee sponsors of S. 677, a bill to amend the ment of the Independence of the Chief Finan- on Health, Education, Labor, and Pensions. Internal Revenue Code of 1986 to repeal cial Officer Establishment Act of 2001, to es- By Mr. BREAUX (for himself, Mr. the required use of certain principal re- tablish a reporting event notification system SMITH of Oregon, Mr. HOLLINGS, and payments on mortgage subsidy bond fi- Mr. MCCAIN): to assist Congress and the District of Colum- nancing to redeem bonds, to modify the bia in maintaining the financial stability of S. 2329. A bill to improve seaport security; the District government and avoiding the to the Committee on Commerce, Science, purchase price limitation under mort- initiation of a control period, to provide the and Transportation. gage subsidy bond rules based on me- District of Columbia with autonomy over its By Mrs. BOXER: dian family income, and for other pur- budgets, and for other purposes; to the Com- S. 2330. A bill to suspend temporarily the poses. mittee on Governmental Affairs. duty on certain telescopes; to the Committee S. 830 By Mr. DURBIN (for himself, Mr. on Finance. At the request of Mr. HATCH, the BROWNBACK, Mr. KENNEDY, and Mr. By Mrs. BOXER: S. 2331. A bill to provide for the reliquida- name of the Senator from Virginia (Mr. KERRY): ALLEN) was added as a cosponsor of S. S. 2317. A bill to provide for fire safety tion of certain entries involving machines standards for cigarettes, and for other pur- used to replicate optical discs; to the Com- 830, a bill to amend the Public Health poses; to the Committee on Commerce, mittee on Finance. Service Act to authorize the Director Science, and Transportation. By Mr. VOINOVICH: of the National Institute of Environ- By Mrs. CLINTON: S. 2332. A bill to designate the Federal mental Health Sciences to make grants S. 2318. A bill to provide additional re- building and United States courthouse to be for the development and operation of sources to States to eliminate the backlog of constructed at 10 East Commerce Street in research centers regarding environ- unanalyzed rape kits and to ensure timely Youngstown, Ohio, as the ‘‘Nathaniel R. mental factors that may be related to analysis of rape kits in the future; to the Jones Federal Building And United States the etiology of breast cancer. Committee on the Judiciary. Courthouse’’; to the Committee on Environ- S. 1054 By Mr. HOLLINGS (for himself and Mr. ment and Public Works. THURMOND): By Mr. REID: At the request of Mr. NELSON of Flor- S. 2319. A bill to provide for the liquidation S. 2333. A bill to convey land to the Univer- ida, his name was added as a cosponsor of reliquidation of certain entries of certain sity of Nevada at Las Vegas Research Foun- of S. 1054, a bill to amend titles XVIII manufacturing equipment; to the Committee dation for a research park and technology and XIX of the Social Security Act to on Finance. center; to the Committee on Energy and prevent abuse of recipients of long- By Mr. HOLLINGS (for himself and Mr. Natural Resources. term care services under the Medicare THURMOND): By Mr. BURNS: S. 2320. A bill to provide for the liquidation S. 2334. A bill to authorize the Secretary of and Medicaid programs. for reliquidation of certain entries of certain Agriculture to accept the donation of certain S. 1258 manufacturing equipment; to the Committee land in the Mineral Hill-Crevice Mountain At the request of Mr. DORGAN, the on Finance. Mining District in the State of Montana, and name of the Senator from Arkansas

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.121 pfrm12 PsN: S25PT1 S3436 CONGRESSIONAL RECORD — SENATE April 25, 2002 (Mrs. LINCOLN) was added as a cospon- THOMPSON) was added as a cosponsor of amendment No. 3230 proposed to S. 517, sor of S. 1258, a bill to improve aca- S. 2084, a bill to amend the Internal supra. demic and social outcomes for teenage Revenue Code of 1986 to clarify the ex- AMENDMENT NO. 3239 youth. emption from tax for small property At the request of Ms. SNOWE, her S. 1346 and casualty insurance companies. name was added as a cosponsor of At the request of Mr. SESSIONS, the S. 2215 amendment No. 3239 proposed to S. 517, name of the Senator from Georgia (Mr. At the request of Mrs. BOXER, the a bill to authorize funding the Depart- MILLER) was added as a cosponsor of S. name of the Senator from Wisconsin ment of Energy to enhance its mission 1346, a bill to amend the Federal Food, (Mr. FEINGOLD) was added as a cospon- areas through technology transfer and Drug, and Cosmetic Act with regard to sor of S. 2215, a bill to halt Syrian sup- partnerships for fiscal years 2002 new animal drugs, and for other pur- port for terrorism, end its occupation through 2006, and for other purposes. poses. of Lebanon, stop its development of AMENDMENT NO. 3256 S. 1408 weapons of mass destruction, cease its At the request of Mr. VOINOVICH, his At the request of Mr. ROCKEFELLER, illegal importation of Iraqi oil, and by name was added as a cosponsor of the name of the Senator from Nebraska so doing hold Syria accountable for its amendment No. 3256 proposed to S. 517, (Mr. NELSON) was added as a cosponsor role in the Middle East, and for other a bill to authorize funding the Depart- of S. 1408, a bill to amend title 38, purposes. ment of Energy to enhance its mission United States Code, to standardize the S. 2216 areas through technology transfer and income threshold for copayment for At the request of Mr. KOHL, the name partnerships for fiscal years 2002 outpatient medications with the in- of the Senator from Wisconsin (Mr. through 2006, and for other purposes. come threshold for inability to defray FEINGOLD) was added as a cosponsor of AMENDMENT NO. 3311 necessary expense of care, and for S. 2216, a bill to suspend temporarily At the request of Mrs. BOXER, the other purposes. the duty on fixed-ratio gear changers name of the Senator from Massachu- S. 1742 for truck-mounted concrete mixer setts (Mr. KERRY) was added as a co- At the request of Ms. CANTWELL, the drums. sponsor of amendment No. 3311 pro- names of the Senator from New York S. 2221 posed to S. 517, a bill to authorize fund- (Mr. SCHUMER) and the Senator from At the request of Mr. ROCKEFELLER, ing the Department of Energy to en- Wyoming (Mr. ENZI) were added as co- the name of the Senator from Illinois hance its mission areas through tech- sponsors of S. 1742, a bill to prevent the (Mr. DURBIN) was added as a cosponsor nology transfer and partnerships for crime of identity theft, mitigate the of S. 2221, a bill to temporarily increase fiscal years 2002 through 2006, and for harm to individuals victimized by iden- the Federal medical assistance per- other purposes. tity theft, and for other purposes. centage for the medicaid program. AMENDMENT NO. 3355 S. 1749 S. 2242 At the request of Mr. TORRICELLI, his At the request of Mr. KENNEDY, the At the request of Mr. SMITH of New name was added as a cosponsor of name of the Senator from Georgia (Mr. Hampshire, the name of the Senator amendment No. 3355 proposed to S. 517, CLELAND) was added as a cosponsor of from Illinois (Mr. DURBIN) was added as a bill to authorize funding the Depart- S. 1749, a bill to enhance the border se- a cosponsor of S. 2242, a bill to amend ment of Energy to enhance its mission curity of the United States, and for title 23, United States Code, to prohibit areas through technology transfer and other purposes. the collection of tolls from vehicles or partnerships for fiscal years 2002 S. 2038 military equipment under the actual through 2006, and for other purposes. At the request of Mrs. CLINTON, the physical control of a uniformed mem- AMENDMENT NO. 3360 name of the Senator from Maryland ber of the Armed Forces, and for other At the request of Mr. TORRICELLI, the (Ms. MIKULSKI) was added as a cospon- purposes. names of the Senator from Maine (Ms. sor of S. 2038, a bill to provide for S. 2244 SNOWE) and the Senator from Maine homeland security block grants. At the request of Mr. DORGAN, the (Ms. COLLINS) were added as cosponsors S. 2039 name of the Senator from South Da- of amendment No. 3360 proposed to S. At the request of Mr. DURBIN, the kota (Mr. JOHNSON) was added as a co- 517, a bill to authorize funding the De- name of the Senator from Florida (Mr. sponsor of S. 2244, a bill to permit com- partment of Energy to enhance its mis- GRAHAM) was added as a cosponsor of S. mercial importation of prescription sion areas through technology transfer 2039, a bill to expand aviation capacity drugs from Canada, and for other pur- and partnerships for fiscal years 2002 in the Chicago area. poses. through 2006, and for other purposes. S. 2051 S. RES. 249 f At the request of Mr. REID, the name At the request of Mr. HATCH, the of the Senator from Virginia (Mr. names of the Senator from Arizona STATEMENTS ON INTRODUCED ALLEN) was added as a cosponsor of S. (Mr. MCCAIN), the Senator from Penn- BILLS AND JOINT RESOLUTIONS 2051, a bill to remove a condition pre- sylvania (Mr. SPECTER), the Senator By Mr. CORZINE: venting authority for concurrent re- from Missouri (Mrs. CARNAHAN), and S. 2250. A bill to amend title 10, ceipt of military retired pay and vet- the Senator from California (Mrs. FEIN- United States Code, to reduce the age erans’ disability compensation from STEIN) were added as cosponsors of S. for receipt of military retired pay for taking affect, and for other purposes. Res. 249, a resolution designating April nonregular service from 60 to 55; to the S. 2055 30, 2002, as ‘‘Dia de los Ninos: Cele- Committee on Armed Services. At the request of Ms. CANTWELL, the brating Young Americans,’’ and for ∑ Mr. CORZINE. Mr. President, I rise names of the Senator from Washington other purposes. today to introduce a bill that would re- (Mrs. MURRAY) and the Senator from AMENDMENT NO. 3230 duce the retirement age for members of New York (Mrs. CLINTON) were added as At the request of Mr. WYDEN, the the National Guard and Reserve from cosponsors of S. 2055, a bill to make names of the Senator from Washington 60 to 55. This change would allow 93,000 grants to train sexual assault nurse ex- (Ms. CANTWELL) and the Senator from reservists currently aged 55 to 59 to re- aminers, law enforcement personnel, Oregon (Mr. SMITH) were added as co- tire with full benefits and would re- and first responders in the handling of sponsors of amendment No. 3230 pro- store parity between the retirement sexual assault cases, to establish min- posed to S. 517, a bill to authorize fund- systems for Federal civilian employees imum standards for forensic evidence ing the Department of Energy to en- and reservists. collection kits, to carry out DNA anal- hance its mission areas through tech- In the interests of fairness, the yses of samples from crime scenes, and nology transfer and partnerships for United States must act quickly to re- for other purposes. fiscal years 2002 through 2006, and for store parity between the retirement S. 2084 other purposes. age for civilian Federal employees and At the request of Mr. BOND, the name At the request of Mr. BURNS, his their reserve counterparts. When the of the Senator from Tennessee (Mr. name was added as a cosponsor of reserve retirement system was created

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.123 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3437 in 1947, the retirement age for reserv- their families and civilian life for anger, suicidal urges, sexual problems ists was identical to the age for civil- longer periods, the benefit of joining or promiscuity, difficulty with rela- ian employees. At age 60, reservists and the reserves instead of active duty has tionships, and unexplained sadness. Government employees could hang up been severely reduced. The more we de- A new study from the prestigious their uniforms and retire with full ben- pend on the reserves, the greater British Medical Journal reports that efits. However, since 1947, the retire- chance we have of losing highly trained women who abort a first pregnancy are ment age for civilian retirees has been former active duty servicemen and at greater risk of subsequent long-term lowered by 5 years, while the reserve women. The added incentive of full re- clinical depression compared to women retirement age has not changed. tirement at 55 might provide an impor- who carry an unintended first preg- The disparate treatment of Federal tant inducement for some of them to nancy to term. employees and reservists would have stay on despite the surge in deploy- Among the key findings: the associa- been serious enough had the nature of ments. tion between abortion and subsequent the work performed by the reserves not Enacting this legislation will send depression persists over at least 8 changed substantially over the past the clear message that the United years. Many other studies show similar five decades. But America has never States values the increased sacrifice of findings, and more. placed greater demands on its ready re- our reservists during these trying Post-abortion syndrome is a treat- serve than it does now. Today, some times. The legislation has been en- able disorder if promptly diagnosed by 80,000 reservists are serving their coun- dorsed by key members of the Military a trained provider and attended to with try in the war on terrorism, both at Coalition, including the Veterans of a personalized regimen of care includ- home and abroad. America’s depend- Foreign Wars, the Air Force Sergeants ing social support, counseling, therapy, ence on our ready reserve has never Association, the Air Force Association, medication, and if necessary, hos- been more obvious, as reservists are the Retired Enlisted Association, the pitalization. now providing security at our nation’s Fleet Reserve Association, the Naval A number of women who have under- airports and air patrols over our major Reserve Association, and the National gone abortions also experience debili- cities. Guard Association. The bill would re- tating physical health problems such With call-ups that last several store parity between the reserve retire- as infection, cervical tearing, infer- months and take reservists far from ment system and the civilian retire- tility, excess bleeding, and death. home, serving the Nation as a reservist ment system, acknowledge the in- Thus, the bill also seeks to study the has taken on more of the trappings of creased workload of reserve service, physical repercussions of abortion as active duty service than ever before. and provide essential personnel with an well. Before the war on terrorism began, re- inducement to join and stay in the re- After 29 years of legalized abortion, servists were performing about 13 mil- serves until retirement.∑ it is time that we recognize the suf- lion man-days each year, more than a fering that so many women have un- 10-fold increase over the 1 million man- By Mr. SMITH of New Hampshire dergone by carefully examining the days per year the reserves averaged (for himself, Mr. INHOFE, and women’s emotional and physical health just 10 years ago. These statistics, the Mr. ENSIGN): following her abortion decision. We latest numbers available, do not even S. 2271. A bill to provide for research have a responsibility to understand reflect the thousands of reservists who on, and services for, individuals with what they are going through and how have been deployed since September 11. post-abortion depression and psychosis; we can appropriately diagnose and There is little doubt there will be a to the Committee on Health, Edu- treat them. dramatic increase in the number of cation, Labor and Pensions. It is my sincere hope that we can man-days for 2001 and 2002. In my view, ∑ Mr. SMITH of New Hampshire. Mr. pass this bill and give our support to with additional responsibility should President, I rise today, along with Sen- potentially millions of women across come additional benefits. ators INHOFE and ENSIGN, to introduce the country who suffer alone with their The Department of Defense typically the Post-Abortion Support and Serv- private and profound guilt and depres- has not supported initiatives like this. ices Act. sion. Many women who choose abortion The Department has expressed concern On November 1, 2001, the Senate have previously aborted. If we are ever over the proposal’s cost, which is esti- unanimously passed an amendment I going to end abortion in America, we mated to be approximately $20 billion introduced to the Labor-HHS Appro- must reach out with love and compas- over 10 years, although CBO figures are priations bill recognizing the existence sion to women who deeply regret their not yet available. However, I am con- of post-abortion syndrome. The amend- decision to abort their children, not cerned that the Department’s position ment encouraged the National Insti- only to encourage them through their may be shortsighted. tute of Mental Health (NIMH) to ‘‘ex- present struggles, but also to help At a time when there is a patriotic pand and intensify research and related them so they will not choose abortion fervor and a renewed enthusiasm for activities’’ regarding this issue, and it for themselves again in the future. national service, it is easy to forget is the first time that the United States Mr. President, I ask unanimous con- that not long ago, the U.S. military Senate is on record acknowledging that sent that the text of the bill be printed was struggling to meet its recruitment post-abortion syndrome is a serious in the RECORD. and retention goals. In the aftermath problem for American women. There being no objection, the bill was of September 11, defense-wide recruit- This bill is an extension of what has ordered to be printed in the RECORD, as ment and retention rates have im- already passed the Senate, and pro- follows: proved. However, there is no guarantee vides the National Institutes of Health S. 2271 that this trend will continue. Unless with Federal resources to research the Be it enacted by the Senate and House of Rep- the overall package of incentives is en- emotional impact of abortion on resentatives of the United States of America in hanced, there is little reason to believe women. The bill also creates a $1.5 mil- Congress assembled, that we will be able to attract and re- lion grant program to fund the develop- SECTION 1. SHORT TITLE. tain highly-trained personnel. ment of treatment programs for women This Act may be cited as the ‘‘Post-Abor- Active duty military personnel have who suffer from post-abortion syn- tion Support and Services Act’’. often looked to the reserves as a way of drome. SEC. 2. FINDINGS. continuing to serve their country while What is post-abortion syndrome? The Congress finds as follows: being closer to family. With thousands Many people have never heard of it. (1) About 3,000,000 women per year in the of dollars invested in training active Many others deny its existence. United States have an unplanned or un- duty officers and enlisted soldiers, the Post-abortion syndrome is character- wanted pregnancy, and approximately United States benefits tremendously ized by one or more of the following 1,186,000 of these pregnancies end in elective abortion. when personnel decide to continue with symptoms: severe depression, guilt, (2) Abortion can have severe and long-term the reserves. But with reserve deploy- eating disorders, anxiety and panic at- effects on the mental and emotional well- ments increasing in frequency and du- tacks, addictions, anniversary grief, being of women. Women often experience ration, pulling reservists away from nightmares, lower self-esteem, intense sadness and guilt following abortions with

VerDate 11-MAY-2000 06:49 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.131 pfrm12 PsN: S25PT1 S3438 CONGRESSIONAL RECORD — SENATE April 25, 2002 no one to console them. They may have dif- conducted by the other national research in- comprehensive treatment services for indi- ficulty in bonding with new babies, become stitutes and agencies of the National Insti- viduals with or at risk for post-abortion con- overprotective parents, or develop problems tutes of Health to the extent that such Insti- ditions, and delivering or enhancing support in their relationships with their spouses. tutes and agencies have responsibilities that services for their families. Problems such as eating disorders, depres- are related to post-abortion conditions. (2) Improving the quality, availability, and sion, and suicide attempts have also been (c) PROGRAMS FOR POST-ABORTION CONDI- organization of health care and support serv- traced to past abortions. TIONS.—In carrying out subsection (a), the ices (including transportation services, at- (3) Negative emotional reactions associ- Director of the Institute shall conduct or tendant care, day or respite care, and pro- ated with abortion include, depression, bouts support research to expand the under- viding counseling on financial assistance and of crying, guilt, intense grief or sadness, standing of the causes of, and to find a cure insurance) for individuals with post-abortion emotional numbness, eating disorders, drug for, post-abortion conditions. Activities conditions and support services for their and alcohol abuse, suicidal urges, anxiety under such subsection shall include con- families. and panic attacks, anger, rage, sexual prob- ducting and supporting the following: (d) INTEGRATION WITH OTHER PROGRAMS.— lems or promiscuity, lowered self esteem, (1) Basic research concerning the etiology To the extent practicable and appropriate, nightmares and sleep disturbances, flash- of the conditions. the Secretary shall integrate the program backs, and difficulty with relationships. (2) Epidemiological studies to address the under this title with other grant programs (4) Women who aborted a first pregnancy frequency and natural history of the condi- carried out by the Secretary, including the are four times more likely to report sub- tions and the differences among racial and program under section 330 of the Public stance abuse compared to those who suffered ethnic groups with respect to the conditions. Health Service Act. a natural loss of their first pregnancy, and (3) The development of improved diag- (e) LIMITATION ON AMOUNT OF GRANTS.—A are five times more likely to report subse- nostic techniques. grant under subsection (a) for any fiscal year quent substance abuse than women who car- (4) Clinical research for the development may not be made in an amount exceeding ried to term. and evaluation of new treatments, including $100,000. (5) Research shows that the more women new biological agents. SEC. 202. CERTAIN REQUIREMENTS. attempt to cope with abortion using means (5) Information and education programs for A grant may be made under section 201 of avoidance, mental disengagement, or de- health care professionals and the public. only if the applicant involved makes the fol- nial, the more likely the women are to re- (d) LONGITUDINAL STUDY.— lowing agreements: port post-abortion distress, intrusive (1) IN GENERAL.—The Director of the Insti- (1) Not more than 5 percent of the grant thoughts, and dissatisfaction. tute shall conduct a national longitudinal will be used for administration, accounting, (6) Women who experience a lack of social study to determine the incidence and preva- reporting, and program oversight functions. support and strong feelings of ambivalence lence of cases of post-abortion conditions, (2) The grant will be used to supplement are statistically more likely to suffer severe and the symptoms, severity, and duration of and not supplant funds from other sources negative emotional reactions to an abortion. such cases, toward the goal of more fully related to the treatment of post-abortion (7) Depression and other maladjustments identifying the characteristics of such cases conditions. to abortion can be prolonged by the failure and developing diagnostic techniques. (3) The applicant will abide by any limita- of the medical community, loved ones, and (2) REPORT.—Beginning not later than 3 tions deemed appropriate by the Secretary society to recognize the complexity of post- years after the date of the enactment of this on any charges to individuals receiving serv- abortion reactions. Act, and periodically thereafter for the dura- ices pursuant to the grant. As deemed appro- (8) Many women submit to an abortion in tion of the study under paragraph (1), the Di- priate by the Secretary, such limitations on violation of their own moral beliefs or ma- rector of the Institute shall prepare and sub- charges may vary based on the financial cir- ternal desires in order to satisfy the de- mit to the Congress reports on the findings cumstances of the individual receiving serv- mands of others. of the study. ices. (9) Women who submit to an abortion be- (e) AUTHORIZATION OF APPROPRIATIONS.— (4) The grant will not be expended to make cause of social pressure are more likely to For the purpose of carrying out this section, payment for services authorized under sec- suffer from psychological distress in subse- there is authorized to be appropriated tion 201(a) to the extent that payment has quent years. $3,000,000 for each of the fiscal years 2002 been made, or can reasonably be expected to (10) Post-abortion depression is a treatable through 2006. be made, with respect to such services— disorder if promptly diagnosed by a trained TITLE II—DELIVERY OF SERVICES RE- (A) under any State compensation pro- provider and attended to with a personalized GARDING POST-ABORTION DEPRESSION gram, under an insurance policy, or under regimen of care including social support, AND PSYCHOSIS any Federal or State health benefits pro- therapy, medication, and when necessary, SEC. 201. ESTABLISHMENT OF PROGRAM OF gram; or hospitalization. GRANTS. (B) by an entity that provides health serv- (11) While there have been many studies re- (a) IN GENERAL.—The Secretary of Health ices on a prepaid basis. garding the emotional aftermath of abortion, and Human Services (in this title referred to (5) The applicant will, at each site at which very little research has been sponsored by as the ‘‘Secretary’’) shall, in accordance with the applicant provides services under section the National Institutes of Health. this title, make grants to provide for 201(a), post a conspicuous notice informing TITLE I—RESEARCH ON POST-ABORTION projects for the establishment, operation, individuals who receive the services of any DEPRESSION AND PSYCHOSIS and coordination of effective and cost-effi- Federal policies that apply to the applicant with respect to the imposition of charges on SEC. 101. EXPANSION AND INTENSIFICATION OF cient systems for the delivery of essential ACTIVITIES OF THE NATIONAL IN- services to individuals with post-abortion de- such individuals. STITUTE OF MENTAL HEALTH. pression or post-abortion psychosis (referred SEC. 203. TECHNICAL ASSISTANCE. (a) IN GENERAL.— to in this section as a ‘‘post-abortion condi- The Secretary may provide technical as- (1) POST-ABORTION CONDITIONS.—The Sec- tion’’) and their families. sistance to assist entities in complying with retary of Health and Human Services, acting (b) RECIPIENTS OF GRANTS.—A grant under the requirements of this title in order to through the Director of NIH and the Director subsection (a) may be made to an entity only make such entities eligible to receive grants of the National Institute of Mental Health if the entity— under section 201. (in this section referred to as the ‘‘Insti- (1) is a public or nonprofit private entity SEC. 204. AUTHORIZATION OF APPROPRIATIONS. tute’’), shall expand and intensify research that may include a State or local govern- For the purpose of carrying out this title, and related activities of the Institute with ment, a public or nonprofit private hospital, there is authorized to be appropriated respect to post-abortion depression and post- a community-based organization, a hospice, $300,000 for each of fiscal years 2002 through abortion psychosis (in this section referred an ambulatory care facility, a community 2006.∑ to as ‘‘post-abortion conditions’’). health center, a migrant health center, a (2) ADDITIONAL CONDITIONS.—In addition to homeless health center, or another appro- By Mr. CORZINE: the post-abortion conditions under para- priate public or nonprofit private entity; and S. 2313. A bill to suspend temporarily graph (1), the Secretary of Health and (2) had experience in providing the services the duty on europium oxide; to the Human Services, acting through the Director described in subsection (a) before the date of Committee on Finance. of the National Institutes of Health, shall ex- the enactment of this Act. pand and intensify research and related ac- (c) CERTAIN ACTIVITIES.—To the extent By Mr. CORZINE: tivities of the National Institutes of Health practicable and appropriate, the Secretary S. 2314. A bill to suspend temporarily shall ensure that projects under subsection with respect to the physical side effects of the duty on yttrium oxide; to the Com- having an abortion, including infertility, ex- (a) provide services for the diagnosis and cessive bleeding, cervical tearing, infection, management of post-abortion conditions. Ac- mittee on Finance. and death. tivities that the Secretary may authorize for (b) COORDINATION WITH OTHER INSTI- such projects may also include the following: By Mr. CORZINE: TUTES.—The Director of the Institute shall (1) Delivering or enhancing outpatient and S. 2315. A bill to suspend temporarily coordinate the activities of the Directors home-based health and support services, in- the duty on 3-sulfinobenzoic acid; to under subsection (a) with similar activities cluding case management, screening and the Committee on Finance.

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.127 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3439 ∑ Mr. CORZINE. Mr. President, I rise city balanced its budget, restored its Mr. President, the Mayor and the today to introduce three bills to tem- investment bond rating, and improved City Council have worked very hard to porarily suspend duties on the importa- many city services. As a result, the restore fiscal integrity to the District tion of certain chemicals used by man- District met the requirements set forth Government, as well as the people’s ufacturers in my State. by the Control Board Act and today the faith in that government. The District According to informational provided elected representatives of the District is enjoying a renaissance. Once a fiscal to my office, none of these chemicals of Columbia are in charge and doing a and management nightmare, the city are produced in the United States. great job. They do not want the Con- has turned its economic ship around. Therefore, the suspension of the duties trol Board to come back on their watch When once the city was ruled by the will not hurt any domestic chemical and neither do I. Control Board, today the accountable companies. In addition, suspension of It is critical that the Senate work its authority is vested in officials elected these duties will not cost the US gov- will by marking up and passing this by the District’s citizens. A rampant ernment more than $500,000 in revenue legislation as quickly as possible. crime rate chased citizens from Dis- annually. It is my understanding that When the Control Board went out of trict neighborhoods into the suburbs, the Commerce Department and the business, some of the Chief Financial now people are coming back. Property International Trade Commission will Officer’s authorities lapsed, but his re- values are rising, new businesses are verify that each of the chemicals for sponsibility for the District’s financial opening, and the city is working to management was not put on hold. The which I am requesting duty suspension beautify the Anacostia waterfront. Congress provided temporary authority meets these standards. This legislation will continue this for the CFO in the FY 2002 District of Mr. President, it makes little sense transformation by maintaining the Columbia Appropriations Act to con- to impose duties on chemicals that are strong independence of the Chief Fi- tinue the smooth operation of the City, needed by American producers and that but this temporary authority will ex- nancial Officer and will demonstrate are not available from domestic pire at the end of June this year. Con- Congress’s confidence in he District’s sources. Such duties only hurt Amer- gress must fulfill its responsibility to elected leadership and its citizens by ican businesses and consumers. In the the District of Columbia by ensuring giving them greater control over their case of these chemicals, companies in that local leaders have the authority local budget. I urge my colleagues to my State of New Jersey rely on these and resources to maintain and promote support this legislation. The Congress chemicals, and employ many New the city’s growth. I encourage the Gov- has a Constitutional responsibility to Jerseyans. The suspension of duties ernment Affairs Committee to begin the District of Columbia, now is the should strengthen these New Jersey their work right away. time to support the city and ensure businesses and the State’s economy, In addition to restoring some of the that locally-elected leaders have the and reduce costs to consumers. authorities the CFO previously exer- necessary tools for success.∑ I hope my colleagues will support the cised during the Control Board era, ∑ legislation. this bill establishes an early warning By Mr. DURBIN (for himself, Mr. system, implemented by the CFO, to BROWNBACK, Mr. KENNEDY, and By Ms. LANDRIEU: examine the city’s financial manage- Mr. KERRY): S. 2316. A bill to make technical and S. 2317. A bill to provide for fire safe- ment and the surrounding economic conforming changes to provide for the environment and determine whether ty standards for cigarettes, and for enactment of the Independence of the the city’s fiscal integrity is at risk. other purposes; to the Committee on Chief Financial Officer Establishment Should the CFO determine that trouble Commerce, Science, and Transpor- Act of 2001, to establish a reporting is on the horizon, the Mayor must de- tation. event notification system to assist ∑ Mr. DURBIN. Mr. President, I am velop an action plan to respond to the Congress and the District of Columbia problem. This unique fiscal manage- honored to rise today to introduce the in maintaining the financial stability ment tool will ensure accountability in Joseph Moakley Memorial Fire Safe of the District government and avoid- how the District manages its finances. Cigarette Act of 2002. Joe Moakley ing the initiation of a control period, Mr. President, in the past the con- started his effort to require less fire- to provide the District of Columbia gressional schedule has often interfered prone cigarettes in 1979 and cham- with autonomy over its budgets, and with the smooth operations of the Dis- pioned this issue until his death this for other purposes; to the Committee trict. Like the Federal Government, past May. It is time to finish what he on Governmental Affairs. the District Government’s fiscal year started. My colleagues Senators ∑ Ms. LANDRIEU. Mr. President, today begins on October 1. We, the Congress, BROWNBACK, KENNEDY, and KERRY join I am introducing legislation to help have the authority to approve the Dis- me in introducing this legislation to continue the District of Columbia’s fis- trict’s budget—a budget derived from solve a serious fire safety problem, cal resurgence. The District of Colum- locally-generated tax dollars. We rare- namely, fires that are caused by ciga- bia Fiscal Integrity Act will give the ly do that before the start of the fiscal rettes. District’s Chief Financial Officer, CFO, year, in fact one or two months often The statistics regarding cigarette-re- authority to manage personnel, pro- go by before we pass the District’s lated fires are startling. Cigarette-ig- curement practices, and to maintain budget. This delay creates a great deal nited fires accounted for an estimated independent control over the budget of of uncertainty for District officials in 140,800 fires in the United States. Such the Office of the Chief Financial Offi- their programming and financial plan- fires cause more than 900 deaths and cer. This bill was introduced in the ning. 2,400 injuries each year. More than $400 House by Congresswoman ELEANOR To remedy this situation, this legis- million in property damage reported is HOLMES NORTON and Congresswoman lation establishes budget autonomy for due to a fire caused by a cigarette. Ac- CONNIE MORELLA. I appreciate their the District of Columbia beginning cording to the National Fire Protec- leadership on this issue and I am with fiscal year 2004. The local budget tion Association, one out of every four pleased to join with them in intro- would become effective once it has fire deaths in the United States are at- ducing this legislation here in the Sen- been approved by the City Council and tributed to tobacco products—by far ate. signed by the Mayor. The Congress will the leading cause of civilian deaths in As my colleagues know, from 1995 to retain the authority to approve the fires. Overall, the Consumer Product 2000, a Control Board oversaw manage- Federal funding now contained in the Safety Commission estimates that the ment of the District of Columbia in an D.C. Appropriations bill and will con- cost of the loss of human life and per- attempt to reform the city’s finances tinue its general oversight of the Dis- sonal property from not having a fire- and administration. One of the key fea- trict. We can still pass general provi- safe cigarette standard is approxi- tures of that reform was the establish- sions governing city operations and we mately $4.6 billion per year. ment of a strong Chief Financial Offi- can still hold hearings, but this bill In my State of Illinois, cigarette-re- cer for the District with wide-ranging will ensure that Congress’ schedule will lated fires have also caused too many authority over the fiscal management not hamstring the smooth operation of senseless tragedies. In 1998 alone, the of the city. That model worked. The the District. most recent year for which we have

VerDate 11-MAY-2000 07:02 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.161 pfrm12 PsN: S25PT1 S3440 CONGRESSIONAL RECORD — SENATE April 25, 2002 data, there were more than 1,700 ciga- with this Act and with the standard lated to maternal morbidity and mor- rette-related fires, of which more than promulgated under the Act. It also al- tality; to the Committee on Health, 900 were in people’s homes. These fires lows states to pass more stringent fire- Education, Labor, and Pensions. led to 109 injuries and 8 deaths. Prop- safety standards for cigarettes. ∑ Mr. HARKIN. Mr. President, over the erty losses resulting from those fires The Joseph Moakley Memorial Fire last decade there has been a significant were estimated at $10.4 million. Safe Cigarette Act is supported by recognition of the importance and in- Tobacco companies spend billions on more than 25 public health groups in- crease in funding of women’s health re- marketing and learning how to make cluding the American Cancer Society, search, including the establishment of cigarettes appealing to kids. It is not the Campaign for Tobacco Free Kids Offices of Women’s Health throughout unreasonable to ask those same compa- and the American Academy of Pediat- various government agencies. Women’s nies to invest in safer cigarette paper rics. It has been endorsed by the Con- health issues and women, as partici- to make their products less likely to gressional Fire Services Institute and pants, are now routinely included in re- burn down a house. its 42 member organizations. Tobacco search studies. A Technical Study Group, TSG, was giant Phillip Morris is also supporting Despite this progress, many gaps still created by the Federal Cigarette Safe- the bill. exist. In particular, there is a troubling ty Act in 1984 to investigate the tech- While the number of people killed lack of research on pregnancy-related nological and commercial feasibility of each year by fires is dropping because health issues. Too often we take preg- creating a self-extinguishing cigarette. of safety improvements and other fac- nancy for granted; we do not view preg- This group was made up of representa- tors, too many Americans are dying be- nancy as a woman’s health issue with tives of government agencies, the ciga- cause of a product that could be less short and long term health con- rette industry, the furniture industry, likely to catch fire if simple changes sequences. public health organizations and fire were made. Cigarettes may be less like- Safe motherhood is a woman’s ability safety organizations. The TSG pro- ly to cause fire if they were thinner, to have a safe and healthy pregnancy duced two reports that concluded that more porous or the tobacco were less and delivery. Of the 4 million women it is technically feasible to reduce the dense. These common-sense changes who give birth in the U.S. each year, ignition propensity of cigarettes. could help prevent an all-too-common over one-third—or one out of every 3— The technology is in place now to cause of fires. have a pregnancy-related complication begin developing a performance stand- When Joe Moakley set out more than before, during, or after delivery. These ard for less fire prone cigarettes. The two decades ago to ensure that the complications may cause long-term manufacture of less fire-prone ciga- tragic cigarette-caused fire that killed health problems or even death. Unfor- rettes may require some advances in five children and their parents in tunately, the causes and treatments of cigarette design and manufacturing Westwood, Massachusetts was not re- pregnancy-related complications are technology, but the cigarette compa- peated, he made a difference. He intro- largely unknown and understudied. nies have demonstrated their capa- duced three bills and passed two of If fact, the United States ranks only bility to make cigarettes of reduced ig- them. One commissioned a study that 20th in maternal mortality rates out of nition propensity with no increase in concluded it was technically feasible to 49 developed countries—that is barely tar, nicotine or carbon monoxide in the produce a cigarette with a reduced pro- better than the 50th percentile, behind smoke. For example, six current com- pensity to start fires. The second re- Cyprus, Singapore and Malta. Every mercial cigarettes have been tested quired that the National institute of day, two to there women die from preg- which already have reduced ignition Standards and Technology develop a nancy related complications. And de- propensity. Furthermore, the overall test method for cigarette fire safety, spite the fact that maternal mortality impact on other aspects of the United and the last and final bill, the Fire- was targeted in 1987 as part of Healthy States Society and economy will be Safe Cigarette Act of 1999, mandates People 2000, the maternal mortality minimal. Thus, it may be possible to that the Consumer Product Safety rate in this country has not decreased solve this problem at costs that are Commission use this knowledge to reg- in twenty years. much less than the potential benefits, ulate cigarettes with regard to fire The scariest part of this problem is which are saving lives and avoiding in- safety. we can’t answer the most basic ques- juries and property damage. Today we are here to reintroduce tions—what causes the complications, The Joseph Moakley Memorial Fire Moakley’s bill and to accomplish what what can we do to prevent them, and Safe Cigarette Act requires Consumer he set out to do. I hope that the Com- how can we treat them? Product Safety Commission to promul- merce Committee will consider this One example of this problem is gate a fire safety standard, specified in legislation expeditiously and that my preeclampsia, or high blood pressure. the legislation, for cigarettes. Eighteen colleagues will join me in supporting Yes, we know some indicators that months after the legislation is enacted, this effort. Joe waited long enough. He place some women at greater risk than the Consumer Product Safety Commis- didn’t have more time. Let’s get this others for this complication. And yes, sion, CPSC, would issue a rule creating done for him.∑ we know some steps that can be taken a safety standard for cigarettes. Thirty to reduce a women’s risk. But we know months after the legislation is enacted, By Mr. HARKIN (for himself, Mr. shamefully little, with the exception of the standards would become effective KENNEDY, Ms. MIKULSKI, and inducing labor, of how to really pre- for the manufacture and importation of Mr. DODD): vent or treat this problem. Yet 5 per- cigarettes. The CPSC would also have S. 2328. A bill to amend the Public cent of all pregnancies are affected by the authority to regulate the ignition Health Service Act and the Federal this complication, which can cause propensity of cigarette paper for roll- Food, Drug, and Cosmetic Act to en- blindness or even death and there has your-own tobacco products. sure a safe pregnancy for all women in been a 40% increase in the incidence of The standard may be modified if new the United States, to reduce the rate of preeclampsia over the last 10 years. testing methodology enhances the fire- maternal morbidity and mortality, to Likewise, we know almost nothing safety standard. It may also be modi- eliminate racial and ethnic disparities about which prescription drugs are safe fied for cigarettes with unique charac- in maternal health outcomes, to reduce for the fetus and effective for the teristics that cannot be tested using pre-term, labor, to examine the impact mother. Most prescription drugs the specified methodology if the Com- of pregnancy on the short and long women take during pregnancy are nec- mission determines that the proposed term health of women, to expand essary to maintain health. But only 1% testing methodology and acceptance knowledge about the safety and dosing of FDA approved drugs have been criterion predict an ignition strength of drugs to treat pregnant women with shown in controlled studies to show no for such cigarettes. chronic conditions and women who be- risk to pregnant women and their ba- The Act gives the Consumer Product come sick during pregnancy, to expand bies. And 80% of FDA approved drugs Safety Commission authority over public health prevention, education lack adequate scientific evidence about cigarettes only for purposes of imple- and outreach, and to develop improved use in pregnancy. That means that menting and enforcing compliance and more accurate data collection, re- pregnant women are essentially forced

VerDate 11-MAY-2000 07:02 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.163 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3441 to take these medications with little or Senate-passed seaport security bill, S. Federal commitment is required to no knowledge about their impact on 1214, the Port and Maritime Security help secure our maritime boundaries, the fetus. Act, and I intend to push for the inclu- and secure our international trade. Of course, we don’t want pregnant sion of the provisions of this bill in the As I mentioned seaport security is women placed at risk by putting them context of a House-Senate conference simply too important to disregard. in early stage clinical trials. But the on seaport security legislation While visiting the Port Everglades in fact is that pregnant women with The United States has more than Florida, the Ports of New Orleans, chronic diseases, such as diabetes, 1,000 harbor channels and 25,000 miles Houston and Charleston, SC, during my asthma, or epilepsy, need to take medi- of inland, intercoastal, and coastal wa- subcommittee hearings, I became cation to maintain their health and terways. These waterways serve 361 aware of the incredible role that infor- support the growth of the fetus. And ports, and have more than 3,700 termi- mation plays in security strategy at even pregnant women who don’t have nals handling passengers and cargo. our seaports. Given the scope of trade chronic health conditions need across The U.S. marine transportation system and security, it is necessary that we to safe and effective prescription drugs. each year moves more than 2 billion know more about ships, the seafarers And while people in Washington tend tons of domestic and international on those ships that enter the United to throw around statistics to make a freight, imports 3 billion tons of oil, States, the systems that we use to se- point, it is important to remember transports 134 million passengers by cure cargo so it is not tampered with that behind each of these statistics is a ferry, and hosts more than 7 million or used for illegal purposes, and also real person and family. And yesterday, cruise ship passengers. Of the more the system we uses to analyze the risks I had the opportunity to talk to a than 2 billion tons of freight, the ma- of shipping and to secure our marine group of moms from my State of Iowa. jority of cargo is shipped in huge con- environment. Without exception, these moms tainers from ships directly onto trucks The Ship, Seafarer, and Container talked about their frustration with a and railcars that immediately head Security Act requires certain vessels to health care system that continues to onto our highways and rail systems. carry transponders to allow their posi- fail to meet some of the most basic Oceangoing sea containers are a vital tions to be transmitted and tracked needs of pregnant women. They all rely artery of the U.S. economy. Indeed, 46 and ensure the Coast Guard can track on a group call Sidelines, that provides percent of all goods imported into the United States and foreign vessels. support and guidance to pregnant United States, by value, arrive at our When an aircraft leaves a U.S. airport women on bed rest. While it is great Nation’s seaports, mostly in con- we track it wherever it goes, however, that a group like Sidelines is there for tainers, and currently, we are able to when huge oil tankers and hazardous our mom’s, sisters, and daughters, it is physically inspect less than 2 percent material ships carrying tons and tons shameful that there isn’t more accu- of those containers. of explosive cargoes enter U.S. waters, rate and more widely available infor- Since September 11, we have faced up we do not. This is not right, and not mation to women and their providers. to the task of securing our seaport and prudent. That is why earlier today, I, along affiliated transportation systems. We My bill will also require the Depart- with some of my colleagues, introduced are now faced with the need to adapt ment of Transportation, DOT, to nego- the Safe Motherhood Act for Research the most efficient transportation sys- tiate an international agreement in 2 and Treatment, or, SMART Mom Act. tem, with the most secure and efficient years, or if the agreement has not been The SMART Mom Act will address system of transportation. To do so, negotiated within 2 years to submit these concerns by: Increasing research given the complexities of the task, we legislation to Congress, to: One, iden- and data collection to learn how to pre- need to rely on all parties in the trans- tify foreign seafarers; two, to provide vent, treat, and cure pregnancy related portation chain, not just Federal agen- greater transparency of the ownership complications; providing comprehen- cies such as the Coast Guard, Customs of ship registration, so that we can sive information to pregnant women, and INS, but State law enforcement track vessel ownership; and, three, practitioners, and the public; and, im- and the private sector. The enormity of mandate stronger standards for marine proving information about medication the task we face, and the potential ca- containers, and for anti-tampering and and medical device for pregnant tastrophe we face if we do not locking systems for marine containers. women. strengthen our systems of security, Importantly, the bill would also re- Pregnancy is a natural and wonderful mandates we work on this issue to- quire DOT to better assess the risks occurrence in a woman’s life. The gether. posed by certain vessels, and areas SMART Mom Act takes a critical step In the aftermath of the terrorist at- they designate as secure zones, and re- towards ensuring pregnancies and tacks on the World Trade Center and quire recommendations to better se- healthy outcomes for America’s the Pentagon, all U.S. airports were cure them. women.∑ closed. Fortunately, we have a good de- Last year, the U.S. Coast Guard, gree of control of our aviation system identifed over 1,000 Panamanian sea- By Mr. BREAUX (for himself, Mr. and were able to re-exert a degree of men operating with licenses they SMITH of Oregon, Mr. HOLLINGS, normalcy 4 days after the September 11 fraudulently obtained for a couple of and Mr. MCCAIN): attacks. If similar attacks had oc- hundred dollars. At the time, it did not S. 2329. A bill to improve seaport se- curred at a U.S. port, I am not sure create that much of a ruckus, although curity; to the Committee on Com- whether we would be comfortable open- perhaps it should have, because the pri- merce, Science, and Transportation. ing our borders in 4 months. mary focus was on the safe operation of ∑ Mr. BREAUX. Mr. President, I am We obviously have a huge stake in the vessel. In the aftermath of Sep- pleased to rise today to introduce the ensuring the protection of our mari- tember 11, it gives rise to the potential Ship, Seafarer and Container Security time transportation system and respec- use of the system of maritime licensing Act, along with my ranking sub- tive arteries of business. To this end, I to disguise entry into the United committee member, Senator GORDON, was disappointed the President’s budg- States. The system of registration and Senators HOLLINGS and MCCAIN. This et request did not include any funds to identification of vessels is equally ob- legislation will be crucial in providing help our State port authorities and pri- tuse. In the aftermath of the bombings the type of information and analysis vate ports secure the type of infra- of the U.S. Embassies in Mombassa and that we need to protect the United structure and security equipment nec- Dar-El-Salem, we attempted to track States from potential acts of terrorism essary to protect this Nation. Not pro- the shipping assets of Asama Bin against our Nation through inter- viding funding to our seaports is clear- Laden that were used to convey explo- national trade at our seaports. This ly an unfunded mandate for States that sives. NATO experts reportedly indi- legislation is the product of field hear- have seaports, such as my home State cated that tracking banking assets was ings that my Surface Transportation of Louisiana, and it is our duty as a na- far easier than identifying the shipping and Merchant Marine Subcommittee tion to secure all of our borders, in- assets owned by the terrorists. I would held at various seaports around the Na- cluding our maritime borders. This also mention that, a recent report in tion. This legislation augments the issue simply has to be addressed, and a Lloyd’s List, a business publication

VerDate 11-MAY-2000 06:49 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00105 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.149 pfrm12 PsN: S25PT1 S3442 CONGRESSIONAL RECORD — SENATE April 25, 2002 specializing in ocean shipping and quirements of subsection (a) no later than SEC. 6. COAST GUARD TO DEVELOP RISK-BASED international trade, indicated that the December 31, 2004; and ANALYSIS AND SECURITY ZONE SYS- TEM FOR VESSELS. Coast Guard interdicted at sea a con- (C) shall be issued in final form before De- cember 31, 2004. (a) IN GENERAL.—The Commandant of the tainer ship, with an improperly sealed Coast Guard shall establish— (3) EFFECTIVE DATE NOT DEPENDENT UPON (1) a risk-based system for use in evalu- container filled with nuclear warheads. FINAL RULE.—If regulations have not been According to the article, the cargo promulgated in final form under this sub- ating the potential threat to the national se- manifest, indicated that it was car- section before December 31, 2004, then sub- curity of the United States of vessels enter- rying explosives, and the master of the section (a) shall apply to— ing the territorial waters of the United vessel was a citizen of Yemen, while (A) any vessel described in paragraph (1) or States; and (3) of that subsection on and after that date; (2) a system of security zones for ports, the materials turned out to be without territorial waters, and waterways of the fissile materials, it still raises consid- and (B) other vessels described in subsection United States. erable concern about our shipping prac- (b) MECHANISMS AND SYSTEMS CONSIDER- (a) as may be provided in regulations pro- ATIONS.—In carrying out subsection (a), the tices. mulgated thereafter. This legislation is another critical Commandant shall consider— step in addressing some of the many SEC. 3. UNIQUE SEAFARER IDENTIFICATION. (1) the use of public/private partnerships to crucial requirements to ensure our na- (a) TREATY INITIATIVE.—The Secretary of implement and enforce security within the Transportation should undertake the nego- tion has a secure system of inter- security zones, shoreside protection alter- tiation of an international agreement, or natives, and the environmental, public safe- national trade, allow us to protect and amendments to an international agreement ty, and relative effectiveness of such alter- foster our transportation chain, and that provides for a uniform, comprehensive, natives within the security zones; and provide public safety. international system of identification for (2) technological means of enhancing the The issues facing our Nation in sea- seafarers that will enable the United States security within the security zones of ports, port security are very serious issues. and other countries to establish authori- territorial waters, and waterways of the The consequences of relying on our tatively the identity of any seafarer aboard United States. current systems of openness, and with a vessel within the jurisdiction, including (c) GRANTS.—The Commandant of the Coast Guard may make grants to applicants our focus on efficiency could be disas- the territorial waters, of the United States or such other country. for research and development of alternative trous. However, at the other end of the (b) LEGISLATIVE ALTERNATIVE.—If the Sec- means of providing the protection and secu- spectrum, is being so excessively ob- retary fails to complete the international rity required by this section. sessed with security that we cause the agreement negotiation or amendment proc- (d) REPORTS.— suffocation of trade and business. The ess undertaken under subsection (a) within (1) INITIAL REPORT.—Within 12 months system we had in place prior to 9–11 24 months after the date of enactment of this after the date of enactment of this Act, the was insufficient. I believe that S. 1214 Act, the Secretary shall transmit to the Sen- Commandant of the Coast Guard shall trans- ate Committee on Commerce, Science, and mit, in a form that does not compromise se- coupled with the legislation I am intro- curity, to the Senate Committee on Com- ducing will help remedy the flaws of Transportation and the House of Representa- tives Committee on Transportation and In- merce, Science, and Transportation and the pre- 9–11 security and enhance seaport frastructure a draft of legislation that, if en- House of Representative Committee on security. acted, would establish a uniform, com- Transportation and Infrastructure a report I ask unanimous consent that the prehensive system of identification for sea- that includes— text of the bill be printed in the farers. (A) a description of the methodology em- ployed in evaluating risks to security; RECORD. SEC. 4. GREATER TRANSPARENCY OF SHIP REG- There being no objection, the bill was ISTRATION. (B) a list of security zones; and (C) recommendations as to how protection ordered to be printed in the RECORD, as (a) TREATY INITIATIVE.—The Secretary of of such vessels and security zones might be follows: Transportation should undertake the nego- further improved. tiation of an international agreement, or the S. 2329 (2) REPORT ON ALTERNATIVES.—Within 12 Be it enacted by the Senate and House of Rep- amendment of an international agreement, months after the Commandant has awarded resentatives of the United States of America in to provide greater transparency with respect grants under subsection (c), the Com- Congress assembled, to the registration and ownership of vessels mandant shall transmit to the Senate Com- entering or operating in the territorial wa- SECTION 1. SHORT TITLE. mittee on Commerce, Science, and Transpor- This Act may be cited as the ‘‘Ship, Sea- ters of the United States. tation and the House of Representative Com- farer, and Container Security Act’’. (b) LEGISLATIVE ALTERNATIVE.—If the Sec- mittee on Transportation and Infrastructure retary fails to complete the international SEC. 2. AUTOMATIC IDENTIFICATION SYSTEM. a report on the results of testing and re- agreement or amendment process under- (a) IN GENERAL.—When operating in navi- search carried out with those grants. gable waters of the United States (as defined taken under subsection (a) within 24 months (e) AUTHORIZATION OF APPROPRIATIONS.— in section 2101(17a) of title 46, United States after the date of enactment of this Act, the There are authorized to be appropriated to Code), the following vessels shall be equipped Secretary shall transmit to the Senate Com- the Secretary of the Department in which with an automatic identification system: mittee on Commerce, Science, and Transpor- the Coast Guard is operating for the use of (1) Any vessel subject to the Vessel Bridge- tation and the House of Representatives the Coast Guard, $1,000,000 for fiscal year 2003 to-Bridge Radiotelephone Act (33 U.S.C. 1201 Committee on Transportation and Infra- to make grants under subsection (c).∑ et seq.). structure a draft of legislation that, if en- (2) Any small passenger vessel carrying acted, would provide for greater trans- By Mr. REID: more than a number of passengers deter- parency with respect to the registration and S. 2333. A bill to convey land to the mined by the Secretary of Transportation. ownership of vessels operating in inter- University of Nevada at Las Vegas Re- (3) Any commercial towing vessel while national waters. search Foundation for a research park towing astern or pushing ahead or alongside, SEC. 5. INTERNATIONAL AGREEMENT ON CON- and technology center; to the Com- except commercial assistance towing vessels TAINER INTEGRITY. mittee on Energy and Natural Re- rendering assistance to disabled small ves- (a) TREATY INITIATIVE.—The Secretary of sources. sels. Transportation should undertake the nego- Mr. REID. Mr. President, I rise today tiation of an international agreement, or (4) Any other vessel for which the Sec- to introduce this bill, which will con- retary of Transportation determines that an amendments to an international agreement, automatic identification system is necessary to establish marine container integrity and vey land to the University of Nevada at for the safe navigation of the vessel. anti-tampering standards for marine con- Las Vegas Research Foundation for a (b) REGULATIONS; EFFECTIVE DATE.— tainers. research park and technology center (1) IN GENERAL.—As soon as practicable (b) LEGISLATIVE ALTERNATIVE.—If the Sec- adjacent to McCarran International after the date of enactment of this Act, the retary fails to complete the international Airport. Secretary shall initiate a rulemaking to im- agreement negotiation or amendment proc- This bill transfers a 115-acre parcel plement subsection (a). ess undertaken under subsection (a) within from the Clark County Department of (2) CONTENT.—Regulations promulgated 24 months after the date of enactment of this Aviation to the University of Nevada pursuant to that rulemaking— Act, the Secretary shall transmit to the Sen- at Las Vegas Research Foundation. (A) may, subject to subparagraph (B), in- ate Committee on Commerce, Science, and clude effective dates for the application of Transportation and the House of Representa- The Foundation, in turn, will build a subsection (a) to different vessels at dif- tives Committee on Transportation and In- research and technology park on the ferent times; frastructure a draft of legislation that, if en- parcel, which has been identified as the (B) shall require all vessels to which sub- acted, would establish marine container in- best location in the area for this kind section (a) applies to comply with the re- tegrity and anti-tampering standards. of facility.

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00106 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.125 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3443 Nevada will benefit significantly in the State of Montana, and for other Simply put, this legislation is in the from this bill. As you may know, Las purposes; to the Committee on Agri- public interest. On behalf of the people Vegas is the fastest-growing city in the culture, Nutrition, and Forestry. of Montana, I look forward to its pas- United States. The University of Ne- ∑ Mr. BURNS. I am pleased to an- sage.∑ vada at Las Vegas needs space to grow. nounce the introduction of the Mineral Building this type of research park will Hill Historic Mining District Preserva- By Mr. JOHNSON (for himself, also further develop the high-tech in- tion Act of 2002. The purpose of this Mr. KERRY, Ms. CANTWELL, Mr. dustry in the State of Nevada. This is Act is for the Forest Service to accept WELLSTONE, Mr. DASCHLE, Mr. just the kind of thoughtful land plan- a donation from TVX Mineral Hill, BAUCUS, Mr. INOUYE, Mr. BINGA- ning and development that the Las Inc., an inholding of approximately 570 MAN, Ms. STABENOW, and Mrs. Vegas Valley needs to ensure that Ne- acres of private land in the Gallatin CLINTON): vadans are able to maintain the high National Forest. This inholding over- S. 2335. A bill to establish the Office quality of life that they deserve. looks the Northern entrance of Yellow- of Native American Affairs within the Mr. President, I ask unanimous con- stone National Park and is within well Small Business Administration, to cre- sent that the text of the bill be printed known elk habitat. The donation also ate the Native American Small Busi- in the RECORD. includes 194 acres of mineral right un- ness Development Program, and for There being no objection, the bill was derlying federal lands. other purposes; to the Committee on ordered to be printed in the RECORD, as This bill provides a win-win situation Small Business and Entrepreneurship. follows: with benefits for the community, for ∑ Mr. JOHNSON. Mr. President, today, wildlife, for the company, and for the S. 2333 I proudly join with Senator KERRY to environment. After a rich and storied Be it enacted by the Senate and House of Rep- introduce the Native American Small resentatives of the United States of America in history, the Mineral Hill mine is Business Development Act of 2002. This Congress assembled, played out and the opportunity to ex- important legislation is designed to SECTION 1. FINDINGS AND PURPOSES. tract minerals has passed. help American Indians, Alaska Natives, (a) FINDINGS.—Congress finds that— The property is in very good condi- and Native Hawaiians to overcome bar- (1) the University of Nevada, Las Vegas, tion and is being reclaimed in accord- riers which inhibit business develop- needs land in the greater Las Vegas area to ance with a reclamation plan approved ment and job creation. We greatly ap- provide for the future growth of the univer- by the Montana Department of Envi- preciate the support of the distin- sity; ronmental Quality. The Forest Service guished Senators who join us in spon- (2) the proposal by the University of Ne- has been closely involved during the soring the legislation including Sen- vada, Las Vegas, for construction of a re- reclamation planning and implementa- search park and technology center in the ators CANTWELL, WELLSTONE, DASCHLE, tion processes to make certain that the BAUCUS, INOUYE, BINGAMAN, STABENOW, greater Las Vegas area would enhance the property will remain in the excellent high tech industry and entrepreneurship in and CLINTON. I encourage my col- the State of Nevada; and environmental state it is in today. leagues to support this critical legisla- (3) the land transferred to the Clark Coun- As an added guarantee, the United tion. ty Department of Aviation under section 4(g) States will also be the beneficiary of a The communities served by this ini- of the Southern Nevada Public Land Man- $10 million insurance policy provided tiative represent some of the most tra- agement Act of 1998 (Public Law 105–263; 112 by TVX to clean up the site in the un- ditionally isolated, disadvantaged, and Stat. 2346) is the best location for the re- likely event that hazardous materials search park and technology center. underserved populations in our coun- are discovered in the future. try. Despite the unique and persistent (b) PURPOSES.—The purposes of this Act The Mineral Hill Mine is located in challenges to business development in are— the historic Jardine Mining District (1) to provide a suitable location for the these areas, many of the supportive which was established during the 1860s. construction of a research park and tech- services the Federal Government pro- Many of the buildings at the site go nology center in the greater Las Vegas area; vides to entrepreneurs are not avail- (2) to provide the public with opportunities back to that time period. Some of the buildings will be preserved for interpre- able in these distressed regions. The for education and research in the field of Native American Small Business De- high technology; and tation purposes and will be available to (3) to provide the State of Nevada with op- the public. In addition, the site will be velopment Act endeavors to develop portunities for competition and economic de- used in cooperation with Montana Tech and disseminate culturally tailored velopment in the field of high technology. of the University of Montana for min- business assistance to assure Native SEC. 2. CONVEYANCE TO THE UNIVERSITY OF NE- ing and geologic education. American businesses may secure and VADA AT LAS VEGAS RESEARCH The Mineral Hill property is being sustain long-term success. FOUNDATION. Among the achievements included in (a) CONVEYANCE.—Notwithstanding section donated by TVX to the government without the necessity of a payment. the bill is the establishment of a statu- 4(g)(4) of the Southern Nevada Public Land tory office within the U.S. Small Busi- Management Act of 1998 (Public Law 105–263; There will be ongoing permits issued 112 Stat. 2347), the Clark County Department by the State of Montana and by EPA ness Administration to focus on con- of Aviation may convey, without consider- for monitoring of water discharge. This cerns specific to Native American pop- ation, all right, title, and interest in and to bill allows for those permits to be ulations. The Office of Native Amer- the parcel of land described in subsection (b) upheld and for the water processes to ican Affairs will serve as an advocate to the University of Nevada at Las Vegas Re- be maintained. In a letter to my office in the SBA for the interests of Native search Foundation for the development of a dated June 25, 2001, the Greater Yellow- Americans. In addition to admin- technology research center. istering the Native American Develop- (b) DESCRIPTION OF LAND.—The parcel of stone Coalition observed that ‘‘we be- land referred to in subsection (a) is the par- lieve that there would be no adverse ment Program, the Assistant Adminis- cel of Clark County Department of Aviation impact to the agency and indeed would trator will consult with Tribal Col- land— be a benefit to the public that this do- leges, Tribal Governments, Alaska Na- (1) consisting of approximately 115 acres; nated land is conveyed with the obliga- tive Corporations and Native Hawaiian (2) located in the SW 1⁄4 of section 33, T. 21 tion to maintain the NPDES permit al- Organizations to enhance the develop- S., R. 60 E., Mount Diablo Base and Meridian; ready in force.’’ This is exactly what ment and implementation of culturally and the bill provides in Section 11. specific approaches to support the (3) identified in the agreement entitled I am pleased to say that this is a bill growth and prosperity of Native Amer- ‘‘Interim Cooperative Management Agree- ment Between the United States Department with the support of all key parties. The ican small businesses. of the Interior-Bureau of Land Management Forest Service has agreed to the trans- Furthermore, the Act creates the Na- and Clark County’’, dated November 4, 1992. fer and management of the land and tive American Development Program has been actively involved in this proc- to provide necessary business develop- By Mr. BURNS: ess. The Gardiner Chamber of Com- ment assistance. These services are S. 2334. A bill to authorize the Sec- merce supports the project, as do the vital to establish and support small retary of Agriculture to accept the do- Commissioners of Park County. The businesses. The Federal Government nation of certain land in the Mineral Greater Yellowstone Coalition also currently invests to provide these serv- Hill-Crevice Mountain Mining District supports the donation. ices in communities throughout the

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00107 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.151 pfrm12 PsN: S25PT1 S3444 CONGRESSIONAL RECORD — SENATE April 25, 2002 country. It is past time for these serv- meate the lives of Native American ‘‘(2) PURPOSE.—The purpose of the Office of ices to be integrated into our efforts to families. Native American Affairs is to assist Native promote self-sufficiency and economic Mr. President, I ask unanimous con- American entrepreneurs to— development in Indian Country. sent that the text of the bill be printed ‘‘(A) start, operate, and grow small busi- ness concerns; In addition, we recognize that in in the RECORD. There being no objection, the bill was ‘‘(B) develop management and technical order to remain competitive, busi- skills; nesses and entrepreneurs must be inno- ordered to be printed in the RECORD, as ‘‘(C) seek Federal procurement opportuni- vative and flexible to change. This leg- follows: ties; islation reflects the needs of busi- S. 2335 ‘‘(D) increase employment opportunities nesses, tribes, and regional interests to Be it enacted by the Senate and House of Rep- for Native Americans through the start and pursue unique approaches that will resentatives of the United States of America in expansion of small business concerns; and complement local needs and improve Congress assembled, ‘‘(E) increase the access of Native Ameri- the overall quality of services. Two SECTION 1. SHORT TITLE. cans to capital markets. This Act may be cited as the ‘‘Native ‘‘(3) ASSISTANT ADMINISTRATOR.— pilot programs are integrated in this American Small Business Development ‘‘(A) APPOINTMENT.—The Administrator approach to promote new and creative Act’’. shall appoint a qualified individual to serve solutions to assist American Indians to SEC. 2. NATIVE AMERICAN SMALL BUSINESS DE- as Assistant Administrator of the Office of awaken economic opportunities in VELOPMENT PROGRAM. Native American Affairs in accordance with their communities. The Small Business Act (15 U.S.C. 631 et this paragraph. We must strive to eliminate the im- seq.) is amended— ‘‘(B) QUALIFICATIONS.—The Assistant Ad- pediments that stifle Native American (1) by redesignating section 36 as section ministrator appointed under subparagraph 37; and entrepreneurs. By providing business (A) shall have— (2) by inserting after section 35 the fol- ‘‘(i) knowledge of the Native American cul- planning services and technical assist- lowing: ture; and ance to potential and existing small ‘‘SEC. 36. NATIVE AMERICAN SMALL BUSINESS ‘‘(ii) experience providing culturally tai- businesses, we can unlock the capacity DEVELOPMENT PROGRAM. lored small business development assistance for individuals and families to pursue ‘‘(a) DEFINITIONS.—In this section— to Native Americans. ‘‘(1) the term ‘Alaska Native’ has the same their dreams of business ownership. ‘‘(C) EMPLOYMENT STATUS.—The Assistant meaning as the term ‘Native’ in section 3(b) Not only will these efforts combat pov- Administrator shall be a Senior Executive of the Alaska Native Claims Settlement Act Service position under section 3132(a)(2) of erty and unemployment, but they will (43 U.S.C. 1602(b)); bring new services and opportunities to title 5, United States Code, and shall serve as ‘‘(2) the term ‘Alaska Native corporation’ a noncareer appointee, as defined in section communities that enhance the quality has the same meaning as the term ‘Native 3132(a)(7) of title 5, United States Code. Corporation’ in section 3(m) of the Alaska of life for local families. ‘‘(D) RESPONSIBILITIES AND DUTIES.—The We must also work to improve access Native Claims Settlement Act (43 U.S.C. Assistant Administrator shall— to investment capital to support eco- 1602(m)); ‘‘(i) administer and manage the Native ‘‘(3) the term ‘Assistant Administrator’ nomic and community development for American Small Business Development pro- means the Assistant Administrator of the gram established under this section; Native Americans. As the chairman of Office of Native American Affairs established ‘‘(ii) recommend the annual administrative the Senate Banking Financial Institu- under subsection (b); and program budgets for the Office of Native tions Subcommittee, I am conducting ‘‘(4) the terms ‘center’ and ‘Native Amer- American Affairs; hearings to identify opportunities and ican business center’ mean a center estab- ‘‘(iii) establish appropriate funding levels; lished under subsection (c); techniques which may foster greater ‘‘(iv) review the annual budgets submitted ‘‘(5) the term ‘Native American business access to capital markets for Tribal by each applicant for the Native American development center’ means an entity pro- and Native American entities. Small Business Development program; Together, these initiatives will help viding business development assistance to federally recognized tribes and Native Amer- ‘‘(v) select applicants to participate in the to turn an important corner as we en- icans under a grant from the Minority Busi- program under this section; deavor to enhance the livelihood of the ness Development Agency of the Department ‘‘(vi) implement this section; and first Americans. of Commerce; ‘‘(vii) maintain a clearinghouse to provide I would like to thank Congressman ‘‘(6) the term ‘Native American small busi- for the dissemination and exchange of infor- mation between Native American business UDALL for his leadership in the U.S. ness concern’ means a small business con- centers. House of Representatives in bringing cern that is owned and controlled by— ‘‘(A) a member of an Indian tribe or tribal ‘‘(E) CONSULTATION REQUIREMENTS.—In car- these issues to the forefront and for his rying out the responsibilities and duties de- cooperation on this historic legisla- government; ‘‘(B) an Alaska Native or Alaska Native scribed in this paragraph, the Assistant Ad- tion. I would like to thank Senator corporation; or ministrator shall confer with and seek the JOHN KERRY, chairman of the Senate ‘‘(C) a Native Hawaiian or Native Hawaiian advice of— Small Business and Entrepreneurship organization; ‘‘(i) Administration officials working in Committee, for his hard work on this ‘‘(7) the term ‘Native Hawaiian’ has the areas served by Native American business legislation and his serious commit- same meaning as in section 625 of the Older centers and Native American business devel- opment centers; ment to these critical issues. In addi- Americans Act of 1965 (42 U.S.C. 3057k); ‘‘(8) the term ‘Native Hawaiian organiza- ‘‘(ii) the Bureau of Indian Affairs of the De- tion, I would like to express my sincere partment of the Interior; appreciation for the strong support of tion’ has the same meaning as in section 8(a)(15) of this Act; ‘‘(iii) tribal governments; the many cosponsors who join us in in- ‘‘(9) the term ‘tribal college’ has the same ‘‘(iv) tribal colleges; troducing the bill today. meaning as the term ‘tribally controlled col- ‘‘(v) Alaska Native corporations; and I encourage the Senate to fully con- lege or university’ has in section 2(a)(4) of ‘‘(vi) Native Hawaiian organizations. sider this historic legislation and to the Tribally Controlled Community College ‘‘(c) NATIVE AMERICAN SMALL BUSINESS DE- work expeditiously to enact it into Assistance Act of 1978 (25 U.S.C. 1801(a)(4)); VELOPMENT PROGRAM.— law. The Native American Small Busi- ‘‘(10) the term ‘tribal government’ has the ‘‘(1) AUTHORIZATION.— ness Development Act will forge a same meaning as the term ‘Indian tribe’ has ‘‘(A) IN GENERAL.—The Administration, more hopeful and prosperous future for in section 7501(a)(9) of title 31, United States through the Office of Native American Af- fairs, shall provide financial assistance to Native American families and commu- Code; and ‘‘(11) the term ‘tribal lands’ means— tribal governments, tribal colleges, Native nities. By investing in adequate infra- ‘‘(A) all lands within the exterior bound- Hawaiian organizations, and Alaska Native structure and by making the appro- aries of any Indian reservation; and corporations to create Native American busi- priate tools available, we can empower ‘‘(B) all dependent Indian communities. ness centers in accordance with this section. individuals to pursue, achieve, and sus- ‘‘(b) OFFICE OF NATIVE AMERICAN AF- ‘‘(B) RESOURCE ASSISTANCE.—The Adminis- tain economic opportunities that en- FAIRS.— tration may also provide in-kind resource as- rich their lives and their communities. ‘‘(1) ESTABLISHMENT.—There is established sistance to Native American business centers The American dream will never be within the Administration the Office of Na- located on tribal lands. Such assistance may tive American Affairs, which, under the di- include— fully realized until it becomes a reality rection of the Assistant Administrator, shall ‘‘(i) personal computers; for all Americans. This legislation is implement the Administration’s programs ‘‘(ii) graphic workstations; critical to ensuring that economic for the development of business enterprises ‘‘(iii) CD–ROM technology and interactive growth and economic opportunity per- by Native Americans. videos;

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.113 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3445 ‘‘(iv) distance learning business-related small business concerns located on or near erative agreements in accordance with this training courses; tribal lands, to the extent that such contract subsection shall be in effect for each fiscal ‘‘(v) computer software; and or cooperative agreement is consistent with year only to the extent and in the amounts ‘‘(vi) reference materials. the terms of any assistance received by the as are provided in advance in appropriations ‘‘(C) USE OF FUNDS.—The financial and re- Native American business center from the Acts. source assistance provided under this sub- Administration. ‘‘(ii) RENEWAL.—After the Administrator section shall be used to overcome obstacles ‘‘(5) APPLICATION PROCESS.— has entered into a contract or cooperative impeding the creation, development, and ex- ‘‘(A) SUBMISSION OF A 5-YEAR PLAN.—Each agreement with any Native American busi- pansion of small business concerns, in ac- applicant for assistance under paragraph (1) ness center under this subsection, it shall cordance with this section, by— shall submit a 5-year plan to the Administra- not suspend, terminate, or fail to renew or ‘‘(i) reservation-based American Indians; tion on proposed assistance and training ac- extend any such contract or cooperative ‘‘(ii) Alaska Natives; and tivities. agreement unless the Administrator provides ‘‘(iii) Native Hawaiians. ‘‘(B) CRITERIA.— the center with written notification setting ‘‘(2) 5-YEAR PROJECTS.— ‘‘(i) IN GENERAL.—The Administration shall forth the reasons therefore and affords the ‘‘(A) IN GENERAL.—Each Native American evaluate and rank applicants in accordance center an opportunity for a hearing, appeal, business center that receives assistance with predetermined selection criteria that or other administrative proceeding under under paragraph (1)(A) shall conduct 5-year shall be stated in terms of relative impor- chapter 5 of title 5, United States Code. projects that offer culturally tailored busi- tance. ‘‘(E) MANAGEMENT REPORT.— ness development assistance in the form of— ‘‘(ii) PUBLIC NOTICE.—The criteria required ‘‘(i) IN GENERAL.—The Administration shall ‘‘(i) financial education, including training by this paragraph and their relative impor- prepare and submit to the Committee on and counseling in— tance shall be made publicly available, with- Small Business of the House of Representa- ‘‘(I) applying for and securing business in a reasonable time, and stated in each so- tives and the Committee on Small Business credit and investment capital; licitation for applications made by the Ad- and Entrepreneurship of the Senate an an- ‘‘(II) preparing and presenting financial ministration. nual report on the effectiveness of all statements; and ‘‘(iii) CONSIDERATIONS.—The criteria re- projects conducted by Native American busi- ‘‘(III) managing cash flow and other finan- quired by this paragraph shall include— ness centers under this subsection and any cial operations of a business concern; ‘‘(I) the experience of the applicant in con- pilot programs administered by the Office of ‘‘(ii) management education, including ducting programs or ongoing efforts designed Native American Affairs. training and counseling in planning, orga- to impart or upgrade the business skills of ‘‘(ii) CONTENTS.—Each report submitted nizing, staffing, directing, and controlling current or potential owners of Native Amer- under clause (i) shall include, with respect to each major activity and function of a small ican small business concerns; each Native American business center re- business concern; and ‘‘(II) the ability of the applicant to com- ceiving financial assistance under this ‘‘(iii) marketing education, including mence a project within a minimum amount subsection— training and counseling in— of time; ‘‘(I) the number of individuals receiving as- ‘‘(I) identifying and segmenting domestic ‘‘(III) the ability of the applicant to pro- sistance from the Native American business and international market opportunities; vide training and services to a representative center; ‘‘(II) preparing and executing marketing number of Native Americans; ‘‘(II) the number of startup business con- plans; ‘‘(IV) previous assistance from the Small cerns formed; ‘‘(III) developing pricing strategies; Business Administration to provide services ‘‘(III) the gross receipts of assisted con- ‘‘(IV) locating contract opportunities; in Native American communities; and cerns; ‘‘(V) negotiating contracts; and ‘‘(V) the proposed location for the Native ‘‘(IV) the employment increases or de- ‘‘(VI) utilizing varying public relations and American business center site, with priority creases of Native American small business advertising techniques. given based on the proximity of the center to concerns assisted by the center since receiv- ‘‘(B) BUSINESS DEVELOPMENT ASSISTANCE the population being served and to achieve a ing funding under this Act; RECIPIENTS.—The business development as- broad geographic dispersion of the centers. ‘‘(V) to the maximum extent practicable, sistance under subparagraph (A) shall be of- ‘‘(6) PROGRAM EXAMINATION.— increases or decreases in profits of Native fered to prospective and current owners of ‘‘(A) IN GENERAL.—Each Native American small business concerns that are owned by— business center established pursuant to this American small business concerns assisted ‘‘(i) American Indians or tribal govern- subsection shall annually provide the Ad- by the center since receiving funding under ments, and located on or near tribal lands; ministration with an itemized cost break- this Act; and ‘‘(ii) Alaska Natives or Alaska Native cor- down of actual expenditures incurred during ‘‘(VI) the most recent examination, as re- porations; or the preceding year. quired under subparagraph (B), and the sub- ‘‘(iii) Native Hawaiians or Native Hawaiian ‘‘(B) ADMINISTRATION ACTION.—Based on in- sequent determination made by the Adminis- organizations. formation received under subparagraph (A), tration under that subparagraph. ‘‘(3) FORM OF FEDERAL FINANCIAL ASSIST- the Administration shall— ‘‘(7) ANNUAL REPORT.—Each entity receiv- ANCE.— ‘‘(i) develop and implement an annual pro- ing financial assistance under this sub- ‘‘(A) DOCUMENTATION.— grammatic and financial examination of section shall annually report to the Adminis- ‘‘(i) IN GENERAL.—The financial assistance each Native American business center as- tration on the services provided with such fi- to Native American business centers author- sisted pursuant to this subsection; and nancial assistance, including— ized under this subsection may be made by ‘‘(ii) analyze the results of each examina- ‘‘(A) the number of individuals assisted, grant, contract, or cooperative agreement. tion conducted under clause (i) to determine categorized by ethnicity; ‘‘(ii) EXCEPTION.—Financial assistance the programmatic and financial viability of ‘‘(B) the number of hours spent providing under this subsection to Alaska Native cor- each Native American business center. counseling and training for those individ- porations or Native Hawaiian organizations ‘‘(C) CONDITIONS FOR CONTINUED FUNDING.— uals; may only be made by grant. In determining whether to renew a grant, ‘‘(C) the number of startup small business ‘‘(B) PAYMENTS.— contract, or cooperative agreement with a concerns formed, maintained, and lost; ‘‘(i) TIMING.—Payments made under this Native American business center, the ‘‘(D) the gross receipts of assisted small subsection may be disbursed— Administration— business concerns; ‘‘(I) in a single lump sum or in periodic in- ‘‘(i) shall consider the results of the most ‘‘(E) the number of jobs created, main- stallments; and recent examination of the center under sub- tained, or lost at assisted small business con- ‘‘(II) in advance or after costs are incurred. paragraph (B), and, to a lesser extent, pre- cerns; and ‘‘(ii) ADVANCE.—The Administration may vious examinations; and ‘‘(F) the number of Native American jobs disburse not more than 25 percent of the an- ‘‘(ii) may withhold such renewal, if the Ad- created, maintained, or lost at assisted small nual amount of Federal financial assistance ministration determines that— business concerns. awarded to a Native American small busi- ‘‘(I) the center has failed to provide any in- ‘‘(8) RECORD RETENTION.— ness center after notice of the award has formation required to be provided under sub- ‘‘(A) APPLICATIONS.—The Administration been issued. paragraph (A), or the information provided shall maintain a copy of each application ‘‘(iii) NO MATCHING REQUIREMENT.—The Ad- by the center is inadequate; submitted under this subsection for not less ministration shall not require a grant recipi- ‘‘(II) the center has failed to provide any than 10 years. ent to match grant funding received under information required to be provided by the ‘‘(B) ANNUAL REPORTS.—The Administra- this subsection with non-Federal resources center for purposes of the report of the Ad- tion shall maintain copies of the information as a condition of receiving the grant. ministration under subparagraph (E); or collected under paragraph (6)(A) indefinitely. ‘‘(4) CONTRACT AND COOPERATIVE AGREE- ‘‘(III) the information required to be pro- ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.— MENT AUTHORITY.—A Native American busi- vided by the center is incomplete. There are authorized to be appropriated ness center may enter into a contract or co- ‘‘(D) CONTINUING CONTRACT AND COOPERA- $5,000,000 for each of the fiscal years 2003 operative agreement with a Federal depart- TIVE AGREEMENT AUTHORITY.— through 2007, to carry out the Native Amer- ment or agency to provide specific assistance ‘‘(i) IN GENERAL.—The authority of the Ad- ican Small Business Development Program, to Native American and other under-served ministrator to enter into contracts or coop- authorized under subsection (c).’’.

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00109 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.153 pfrm12 PsN: S25PT1 S3446 CONGRESSIONAL RECORD — SENATE April 25, 2002 SEC. 3. PILOT PROGRAMS. (iv) the prudent management of finances shall submit to the Administration a joint (a) DEFINITIONS.—In this section: and staffing; application that contains— (1) INCORPORATION BY REFERENCE.—The (E) the location where the applicant will (A) a certification that each participant of terms defined in section 36(a) of the Small provide training and services to Native the joint application— Business Act (as added by this Act) have the Americans; and (i) is either a Native American Business same meanings as in that section 36(a) when (F) a multiyear plan, corresponding to the Center, a Native American Business Develop- used in this section. length of the grant, that describes— ment Center, or a Small Business Develop- (2) ADMINISTRATOR.—The term ‘‘Adminis- (i) the number of Native Americans and ment Center; trator’’ means the Administrator of the Native American small business concerns to (ii) employs a full-time executive director Small Business Administration. be served by the grant; or program manager to manage the center; (3) JOINT PROJECT.—The term ‘joint (ii) in the continental United States, the and project’ means the combined resources and number of Native Americans to be served by (iii) as a condition of receiving the Amer- expertise of 2 or more distinct entities at a the grant; and ican Indian Tribal Assistance Center grant, physical location dedicated to assisting the (iii) the training and services to be pro- agrees— Native American community; vided to a representative number of Native (I) to an annual programmatic and finan- (b) NATIVE AMERICAN DEVELOPMENT GRANT Americans. cial examination; and PILOT PROGRAM.— (3) REVIEW OF APPLICATIONS.—The Adminis- (II) to the maximum extent practicable, to (1) AUTHORIZATION.— tration shall— remedy any problems identified pursuant to (A) IN GENERAL.—There is established a 4- (A) evaluate and rank applicants under that examination; year pilot program under which the Adminis- paragraph (2) in accordance with predeter- (B) information demonstrating a historic tration is authorized to award Native Amer- mined selection criteria that is stated in commitment to providing assistance to Na- ican development grants to provide cul- terms of relative importance; tive Americans— turally-tailored business development train- (B) include such criteria in each solicita- (i) residing on or near tribal lands; or ing and related services to Native Americans tion under this subsection and make such in- (ii) operating a small business concern on and Native American small business con- formation available to the public; and or near tribal lands; cerns. (C) approve or disapprove each completed (C) information demonstrating that each (B) ELIGIBLE ORGANIZATIONS.—The grants application submitted under this subsection participant of the joint application has the authorized under subparagraph (A) may be not more than 60 days after submission. ability and resources to meet the needs, in- awarded to— (4) ANNUAL REPORT.—Each recipient of a cluding the cultural needs of the Native (i) any small business development center; Native American development grant under Americans to be served by the grant; or (D) information relating to proposed as- (ii) any private, nonprofit organization this subsection shall annually report to the Administration on the impact of the grant sistance that the grant will provide, that— including— (I) has tribal government members, or funding, including— (A) the number of individuals assisted, cat- (i) the number of individuals to be assisted; their designees, comprising a majority of its and board of directors; egorized by ethnicity; (B) the number of hours spent providing (ii) the number of hours of counseling, (II) is a Native Hawaiian organization; or training, and workshops to be provided; counseling and training for those individ- (III) is an Alaska Native corporation. (E) information demonstrating the effec- uals; (C) AMOUNTS.—The Administration shall tive experience of each participant of the (C) the number of startup small business not award a grant under this subsection in joint application in— concerns formed, maintained, and lost; an amount which exceeds $100,000 for each (i) conducting financial, management, and (D) the gross receipts of assisted small year of the project. marketing assistance programs, as described business concerns; (D) GRANT DURATION.—Each grant under above, designed to impart or upgrade the (E) the number of jobs created, main- this subsection shall be awarded for not less business skills of current or prospective Na- tained, or lost at assisted small business con- than a 2-year period and not more than a 4- tive American business owners; and cerns; and year period. (ii) the prudent management of finances (2) CONDITIONS FOR PARTICIPATION.—Each (F) the number of Native American jobs and staffing; and entity desiring a grant under this subsection created, maintained, or lost at assisted small (F) a plan for the length of the grant, that shall submit an application to the Adminis- business concerns. describes— tration that contains— (5) RECORD RETENTION.— (i) the number of Native Americans and (A) a certification that the applicant— (A) APPLICATIONS.—The Administration Native American small business concerns to (i) is a small business development center shall maintain a copy of each application be served by the grant; and or a private, nonprofit organization under submitted under this subsection for not less (ii) the training and services to be pro- paragraph (1)(B)(i); than 10 years. vided. (ii) employs a full-time executive director (B) ANNUAL REPORTS.—The Administration (3) REVIEW OF APPLICATIONS.—The Adminis- or program manager to manage the facility; shall maintain copies of the information col- tration shall— and lected under paragraph (4) indefinitely. (A) evaluate and rank applicants under (iii) agrees— (c) AMERICAN INDIAN TRIBAL ASSISTANCE paragraph (2) in accordance with predeter- (I) to a site visit as part of the final selec- CENTER GRANT PILOT PROGRAM.— mined selection criteria that is stated in tion process; (1) AUTHORIZATION.— terms of relative importance; (II) to an annual programmatic and finan- (A) IN GENERAL.—There is established a 4- (B) include such criteria in each solicita- cial examination; and year pilot program, under which the Admin- tion under this subsection and make such in- (III) to the maximum extent practicable, istration shall award not less than 3 Amer- formation available to the public; and to remedy any problems identified pursuant ican Indian Tribal Assistance Center grants (C) approve or disapprove each application to that site visit or examination; to establish joint projects to provide cul- submitted under this subsection not more (B) information demonstrating that the ap- turally tailored business development assist- than 60 days after submission. plicant has the ability and resources to meet ance to prospective and current owners of (4) ANNUAL REPORT.—Each recipient of an the needs, including cultural needs, of the small business concerns located on or near American Indian tribal assistance center Native Americans to be served by the grant; tribal lands. grant under this subsection shall annually (C) information relating to proposed assist- (B) ELIGIBLE ORGANIZATIONS.— report to the Administration on the impact ance that the grant will provide, including— (i) CLASS 1.—Not fewer than 1 grant shall of the grant funding received during the re- (i) the number of individuals to be assisted; be awarded to a joint project performed by a porting year, and the cumulative impact of and Native American business center, a Native the grant funding received since the initi- (ii) the number of hours of counseling, American business development center, and ation of the grant, including— training, and workshops to be provided; a small business development center. (A) the number of individuals assisted, cat- (D) information demonstrating the effec- (ii) CLASS 2.—Not fewer than 2 grants shall egorized by ethnicity; tive experience of the applicant in— be awarded to joint projects performed by a (B) the number of hours of counseling and (i) conducting financial, management, and Native American business center and a Na- training provided and workshops conducted; marketing assistance programs designed to tive American business development center. (C) the number of startup business con- impart or upgrade the business skills of cur- (C) AMOUNTS.—The Administration shall cerns formed, maintained, and lost; rent or prospective Native American busi- not award a grant under this subsection in (D) the gross receipts of assisted small ness owners; an amount which exceeds $200,000 for each business concerns; (ii) providing training and services to a year of the project. (E) the number of jobs created, main- representative number of Native Americans; (D) GRANT DURATION.—Each grant under tained, or lost at assisted small business con- (iii) using resource partners of the Admin- this subsection shall be awarded for a 3-year cerns; and istration and other entities, including uni- period. (F) the number of Native American jobs versities, tribal governments, or tribal col- (2) CONDITIONS FOR PARTICIPATION.—Each created, maintained, or lost at assisted small leges; and entity desiring a grant under this subsection business concerns.

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00110 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.153 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3447 (5) RECORD RETENTION.— sought funding for the SBA’s Tribal ments, Alaska Native Corporations (A) APPLICATIONS.—The Administration Business Information Center (TBIC) (ANC) and Native Hawaiian Organiza- shall maintain a copy of each application program, started under the Clinton Ad- tions (NHO) when carrying out respon- submitted under this subsection for not less ministration and designed to address sibilities under this legislation. The than 10 years. Assistant Administrator for ONAA (B) ANNUAL REPORTS.—The Administration the unique conditions faced by Amer- shall maintain copies of the information col- ican Indians when they seek to start or would be responsible for administering lected under paragraph (4) indefinitely. expand small businesses. the Native American Development pro- (d) AUTHORIZATION OF APPROPRIATIONS.— I do not believe that anyone in this gram and the pilot programs created There are authorized to be appropriated— Congress would dispute that economic by the Native American Small Busi- (1) $1,000,000 for each of the fiscal years 2003 development in Indian Country has ness Development Act. through 2006, to carry out the Native Amer- often been difficult to achieve and that The Native American Development ican Development Grant Pilot Program, au- one important way to help American program is designed to be the SBA’s thorized under subsection (b); and primary program for providing busi- (2) $1,000,000 for each of the fiscal years 2003 Indians who live on reservations is to through 2006, to carry out the American In- provide them with assistance to open ness development assistance to Native dian Tribal Assistance Center Grant Pilot and run their own small businesses. American communities. To offer this Program, authorized under subsection (c).∑ Helping Native Americans open and support, the SBA will provide financial ∑ Mr. KERRY. Mr. President, I am run small businesses not only instills a and resource assistance to establish pleased today to join with my col- sense of pride in the owner and his or and keep Native American Business league, Senator JOHNSON, as well as the her community, it also provides much- Centers (NABC) in operation. Financial cosponsors of our legislation, Senators, needed job opportunities, as well as assistance under the Native American CANTWELL, WELLSTONE, DASCHLE, BAU- other economic benefits. Development program would be avail- CUS, INOUYE, BINGAMAN, STABENOW, and Although underfunded, the TBIC pro- able to Tribal Governments and Tribal CLINTON in introducing the Native gram has provided assistance to a num- Colleges. Unlike the SBA’s TBIC pro- American Small Business Development ber of small businesses on Indian res- gram, however, ANCs and NHOs would Act. ervations. TBICs have the support of also be eligible for the grants. This legislation bears the same name the American Indian communities they NABCs would address the unique con- as legislation that passed the House serve because they provide desperately ditions faced by reservation-based last year, H.R. 2538, which was intro- needed, culturally tailored business de- American Indians, as well as Native duced by Congressman TOM UDALL, a velopment assistance in those commu- Hawaiians and Native Alaskans, in recognized leader in promoting the in- nities. The administration should be their efforts to create, develop and ex- terests of American Indians. I would seeking to strengthen its commitment pand small business concerns. Grant like to thank Congressman UDALL for to programs that assist Native Amer- funding would be used by the NABCs to his work in stewarding H.R. 2538 ican communities. Unfortunately, the provide culturally tailored financial through the House and for his assist- SBA cut off TBIC funding on March 31, education assistance, management ance in working with Senator JOHNSON 2002, and has not met a request by a bi- education assistance, and marketing and me in drafting the Senate version partisan group of Senators to begin the education assistance. of our legislation. reprogramming process in order to The first pilot program under the leg- I would also like to thank the Na- keep the TBICs open for the remainder islation establishes a Native American tional Indian Business Association, the of the fiscal year. development grant. This grant is mod- National Center for American Indian The Native American Small Business eled after the Udall legislation and de- Enterprise Development, the Associa- Development Act will ensure that the signed to bring the expertise of SBA’s tion of Small Business Development SBA’s programs to assist Native Amer- Small Business Development Centers Centers, ONABEN, Native American ican Affairs (ONAA) a permanent of- (SBDC) to Native American commu- Management Services, Inc., and all of fice, create a statutory grant program, nities. Additionally, any private non- the tribes that met with us or provided known as the Native American Devel- profit organization, whose board of di- information to help in the crafting of opment grant program, to assist Native rectors consists of a majority of Tribal this legislation. Americans, establish two pilot pro- Government members or their des- The Senate version of the Native grams to try new means of assisting ignees, is an NHO or an ANC, may also American Small Business Development Native American communities and re- apply for the grant. Nonprofits were in- Act, while incorporating the heart of quire Native American communities to cluded in the Senate version thanks to the Udall legislation, is more com- be consulted regarding the future of the thoughtful input of Senator Cant- prehensive and provides greater assist- SBA programs designed to assist them. well. Many American Indian commu- ance to Native American communities. In short, our legislation will ensure nities in Washington State are served Senator JOHNSON, who serves on the In- that our Native American communities by an organization called ONABEN, dian Affairs Committee, and I, as will receive the assistance they need to which provides SBDC-like services to Chairman of the Senate Committee on help start and grow small businesses. Native American communities in Small Business and Entrepreneurship, The ONAA, to be headed by an As- Washington, Oregon, Idaho, and Cali- were able to combine our resources in sistant Administrator, will be respon- fornia. Organizations like ONABEN crafting this legislation. sible for assisting Native Americans should be encouraged to provide re- Our desire to fashion a comprehen- and Native American communities to sources to Native American commu- sive assistance package for Native start, operate, and grow small business nities, and including them in the grant American small businesses stems in no concerns; develop management and program available to SBDCs was an im- small part from an apparent lack of technical skills; seek Federal procure- portant addition to the legislation. commitment the Small Business Ad- ment opportunities; increase employ- Finally, our legislation establishes a ministration (SBA) has shown to our ment opportunities through the start second pilot program to try a unique Native American communities under and expansion of small business con- experiment in Indian County. Grant the Bush Administration. cerns; and increase their access to cap- funding would be made available to es- While I applaud the Bush Adminis- ital markets. tablish American Indian Tribal Assist- tration for responding to congressional To be selected to serve as the Assist- ance Centers. These centers will con- requests and including $1 million in the ant Administrator for ONAA, a can- sist of joint entities, such as a partner- Administration’s fiscal year 2003 budg- didate must have knowledge of Native ship between an NABC, a Native Amer- et request for Native American out- American cultures and experience pro- ican development center (which receive reach, I was disappointed that it did viding culturally tailored small busi- grants from the Department of Com- not seek the full level of $2.5 million ness development assistance to Native merce) and possibly an SBDC. The pur- requested in a letter I sent with my Americans. Under our legislation, the pose of this grant is to bring together colleagues Senators DASCHLE, Assistant Administrator would be experts from various entities to pro- WELLSTONE, JOHNSON, BINGAMAN and statutorily required to consult with vide culturally tailored business devel- BAUCUS. Our request specifically Tribal Colleges and Tribal Govern- opment assistance to prospective and

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.153 pfrm12 PsN: S25PT1 S3448 CONGRESSIONAL RECORD — SENATE April 25, 2002 current owners of small business con- (A) release the Panchen Lama and allow parole. Regrettably, his story is em- cerns on or near Tribal Lands. him to pursue his traditional role at Tashi blematic of the daily struggles faced by I would again like to thank Senator Lhunpo monastery in Tibet; and Tibetans. (B) enter into dialogue with the Dalai JOHNSON and all of the cosponsors of China has consistently used excessive Lama or his representatives in order to find military force to stifle dissent, which this important legislation to assist our a negotiated solution for genuine autonomy Native American communities. I would that respects the rights of all Tibetans. has resulted in untold cases of arbi- also, again, like to thank Congressman ∑ Mr. WELLSTONE. Mr. President, I trary arrests, imprisonment, torture, UDALL for taking the lead in the House rise today to acknowledge and cele- and execution. Moreover, the Tibetan on providing critical assistance for brate the 13th birthday of Gendun people are denied the rights to self de- small businesses in Native American Choekyi Nyima, the boy recognized by termination, freedom of speech, assem- communities. I would urge all of my the Dalai Lama in 1995 as the 11th rein- bly, movement, expression and travel, colleagues to cosponsor this legislation carnation of the Panchen Lama, Ti- rights enshrined in the Universal Dec- to help us fulfill our commitment to bet’s second highest spiritual leader. laration of Human Rights. Population Native American communities.∑ As you may know, shortly after the transfers, environmental degradation, f Dalai Lama recognized Gedhun forced abortions and sterilizations, and Choekyi Nyima as the Panchen Lama the systematic destruction of the Ti- STATEMENTS ON SUBMITTED betan language and culture continue RESOLUTIONS in 1995, the Chinese government ab- ducted him with his family. He was 6 unabated. years old at the time. Today, the Pan- The problems in Tibet go beyond con- tinuing human rights violations. As SENATE RESOLUTION 252—EX- chen Lama remains in detention, and long as the Tibetan people are denied PRESSING THE SENSE OF THE his whereabouts are unknown. For the the right to self determination, human SENATE REGARDING HUMAN past 7 years repeated requests from rights violations and political unrest RIGHTS VIOLATIONS IN TIBET, both governments and private humani- will continue. For almost 40 years Chi- THE PANCHEN LAMA, AND THE tarian organizations to meet with the nese oppression in Tibet has been met NEED FOR DIALOGUE BETWEEN boy have been denied. It is intolerable by resistance. However, despite over THE CHINESE LEADERSHIP AND that the Chinese leadership is using four decades of force and intimidation, THE DALAI LAMA OR HIS REP- this young child in their efforts to the Tibetan people have proven again RESENTATIVES tighten their grip on Tibet. On his 13th birthday, he remains one of the world’s and again that they will not succumb. Mr. WELLSTONE submitted the fol- youngest political and religious pris- Until a negotiated settlement is lowing resolution; which was referred oners. reached, Tibet will remain a conten- to the Committee on Foreign Rela- Tibetans are persecuted for their reli- tious and potentially destabilizing tions: gious beliefs. Prior to the Chinese inva- issue for China. The only way to settle S. RES. 252 sion of 1950, Tibet was a deeply reli- the question of Tibet is for the Chinese Whereas Hu Jintao, Vice President of the gious society. Religion remains an in- leadership to enter into negotiations People’s Republic of China and former Party tegral part of the daily lives of Tibet- with the Dalai Lama or his representa- Secretary of the Tibet Autonomous Region, ans, and it forms the social fabric con- tives. will visit the United States in April and May necting them to the land. Since the Both publicly and privately, the of 2002; Chinese take over, religious practice Dalai Lama has stated his willingness Whereas Gedhun Choekyi Nyima was taken to negotiate with the Chinese in his from his home by Chinese authorities on and belief have come at a great cost. May 17, 1995, at the age of 6, shortly after Over 6,000 monasteries and sacred own words, ‘‘anywhere, anytime, and being recognized as the 11th incarnation of places have been destroyed by the Chi- with no pre-conditions.’’ Thus far, Bei- the Panchen Lama by the Dalai Lama; nese. Religious leaders are incarcer- jing has refused to even consider talk- Whereas the forced disappearance of the ated with great frequency. They are ing to him. Despite the fact that the Panchen Lama violates fundamental free- forced to perform ‘‘reeducation labor,’’ Dalai Lama is respected worldwide as a doms enshrined in international human and often subjected to torture, includ- spiritual leader and was awarded the rights covenants to which the People’s Re- ing electric shock, rape, and other seri- Nobel Peace Prize, Chinese Communist public of China is a party, including the Con- ous forms of abuse. party leaders continue to eschew dia- vention on the Rights of the Child; The Chinese Government continues Whereas the use of religious belief as the logue. primary criteria for repression against Ti- to exert power over Tibetans by requir- Next week, Chinese President Hu betans reflects a continuing pattern of grave ing monks to sign a declaration reject- Jintao will visit the United States for human rights violations that have occurred ing independence for Tibet, rejecting the first time. Many believe that he since the invasion of Tibet in 1949–50; the Panchen Lama, rejecting and de- will be the next Premier of China. As Whereas the State Department Country nouncing the Dalai Lama, recognizing you may know, Hu Jintao was the Reports on Human Rights Practices for 2001 the unity of China and Tibet, and ig- Party Secretary in the Tibet Autono- states that repressive social and political noring the voice of America. Monks mous Region, TAR, from 1988 to 1992. controls continue to limit the fundamental who refuse to accept these terms risk During his tenure as Party Secretary, freedoms of Tibetans and risk undermining Tibet’s unique cultural, religious, and lin- expulsion from their monasteries, or Hu Jintao made a name for himself as guistic heritage, and that repeated requests possible incarceration. Fleeing is the a tough administrator of Beijing’s con- for access to the Panchen Lama to confirm only other option for Tibetans who trol mechanisms in Tibet, including his well-being and whereabouts have been de- refuse to accept these terms. Histori- the use of deadly force against un- nied; and cally, up to 3,000 Tibetans enter Nepal armed Tibetan protestors. Whereas the Government of the People’s each year to escape the conditions. Despite Hu Jintao’s record as TAR Republic of China has failed to respond posi- Religious persecution is not the only Party Secretary, I, like some Tibetans, tively to efforts by the Dalai Lama to enter type of persecution in Tibet. Tibetans remain hopeful that he can play a posi- into dialogue based on his proposal for gen- are also subject to political imprison- uine autonomy within the People’s Republic tive role in the future. Because Hu has of China with a view to safeguarding the dis- ment. A few months ago, I had the direct experience with the sentiments tinct identity of Tibet and protecting the honor of meeting with Ngawang of Tibetans, he could be more respon- human rights of the Tibetan people: Now, Choephel, a former Fulbright scholar sive to Tibetan interests than past Chi- therefore, be it who taught at Middlebury College in nese leaders. On November 9, 2001, Hu Resolved, That it is the sense of the Senate Vermont, who was imprisoned in 1995. told journalists in Berlin, ‘‘I have been that— What was his crime, the crime for in Tibet for almost 4 years and I am (1) Vice President Hu Jintao should be which his brave mother labored inten- very familiar with the situation.’’ It is made aware of congressional concern for the sively to have him freed? He was ar- Panchen Lama and the need to resolve the a positive factor that Hu Jintao knows situation in Tibet through dialogue with the rested and jailed for espionage while conditions in Tibet from first-hand ex- Dalai Lama or his representatives; and filming a documentary on performing perience. (2) the Government of the People’s Repub- arts in Tibet. After serving more than In light of his visit, I am introducing lic of China should— 6 years, he was released on a medical a resolution in the Senate calling for

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.156 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3449 the release of the Panchen Lama. With Whereas the 1990 Copenhagen Concluding (1) both Congress and the Administration this action, I am also hoping to see a Document declares all participating OSCE must raise this issue in its bilateral con- serious and substantive discussion of States will ‘‘unequivocally condemn’’ anti- tacts; the continued human rights violations Semitism and take effective measures to (2) the State Department’s Annual Country protect individuals from anti-Semitic vio- Reports on Human Rights should thoroughly in China and Tibet. I will continue to lence; document this phenomenon, not just in Eu- communicate these objectives directly Whereas anti-Semitism was one of the rope but worldwide; and to the administration and the Chinese most destructive forces unleashed during the (3) the Commission on International Reli- leadership. Specifically, I strongly be- last century; gious Freedom should continue to document lieve we should urge the Chinese lead- Whereas there has been a startling rise in and report on this phenomenon in Europe ership: To release the Panchen Lama attacks on Jewish community institutions and worldwide. in cities across Europe in the last 18 months; and allow him to pursue his traditional Whereas these violent incidents have tar- f role at Tashi Lhunpo monastery in geted youth such as an assault on a Jewish Tibet; and to enter into dialogue with teen soccer team in Bondy, France on 4/11/02 SENATE RESOLUTION 254—DESIG- the Dalai Lama or his representatives and the brutal beating of two Jewish stu- NATING APRIL 29, 2002, THROUGH in order to find a negotiated solution dents in Berlin, Germany, the burning of MAY 3, 2002, AS ‘‘NATIONAL for genuine autonomy that respects the Jewish schools in Creteil and Marseille, CHARTER SCHOOLS WEEK,’’ AND rights of all Tibetans. France and even the stoning of a bus car- FOR OTHER PURPOSES rying Jewish schoolchildren; Today, across America Tibetans and Whereas attacks on Jewish houses of wor- Mr. LIEBERMAN (for himself, Mr. their supporters are staging events to ship have been reported in many cities in- GREGG, Mr. CARPER, Mr. HUTCHINSON, draw international attention and sup- cluding Antwerp, Brussels, and Marseille and and Mr. BAYH) submitted the following port for Tibet. This includes five Ti- as recently as April 22nd an automatic weap- resolution; which was considered and betan men who are biking from the on attack on a synagogue in Charleroi, Bel- agreed to: gium; state capitol in St. Paul, MN, to the S. RES. 254 Whereas the statue in Paris of Captain Al- Chinese Embassy in Chicago. There, fred Dreyfus, who was the victim of anti-Se- Whereas charter schools are public schools they are calling for the release of the mitic accusations and became a symbol of authorized by a designated public body and Panchen Lama, the second highest this prejudice in the last century, was de- operating on the principles of account- leader in Tibetan Buddhism. Today, I faced with anti-Jewish emblems; ability, parental involvement, choice, and ask that the Senate join their cause. Whereas the French Ministry of Interior autonomy; Free the Panchen Lama. documented hundreds of crimes against Jews Whereas in exchange for the flexibility and I offer my deepest respect and pray- and Jewish institutions in France in just the autonomy given to charter schools, they are first two weeks of April 2002; held accountable by their sponsors for im- ers to them and to the countless brave Whereas the revitalization of European proving student achievement and for their fi- men and women who have lost their right wing movements, such as the strong nancial and other operations; lives in the struggle to bring freedom showing of the National Front party in Whereas 37 States, the District of Colum- and democracy to Tibet. It is my hope France’s presidential election, reaffirm the bia, and the Commonwealth of Puerto Rico that the United States will be ‘‘on the urgency for governments to assert a strong have passed laws authorizing charter right side of history’’ by pressing hard public stance against anti-Semitism, as well schools; for negotiations and a peaceful solu- as other forms of xenophobia and intoler- Whereas 37 States, the District of Colum- tion to the Tibetan situation, in ac- ance; bia, and the Commonwealth of Puerto Rico Whereas some government leaders have re- will have received substantial assistance cordance with U.N. resolutions. peatedly dismissed the significance of these from the Federal Government by the end of Finally, I would like to commend the attacks and attributed them to hooliganism the current fiscal year for planning, startup, Tibetan people, who under the leader- and Muslim immigrant youth expressing sol- and implementation of charter schools since ship of the Dalai Lama, have remained idarity with Palestinians; their authorization in 1994 under the Ele- steadfast in their commitment to non- Whereas the legitimization of armed strug- mentary and Secondary Education Act of violence. While in other parts of the gle against Israeli civilians by some govern- 1965 (20 U.S.C. 6301 et seq.); ments voting in the UN Commission on Whereas 34 States, the District of Colum- world individuals seeking freedom have Human Rights has emboldened some individ- employed any means available, includ- bia, and the Commonwealth of Puerto Rico uals and organizations to lash out against are serving more than 500,000 students in ing violence and terrorism, the Tibet- Jews and Jewish institutions; more than 2,431 charter schools during the ans have not altered from the path of Whereas hostility frustration and disaffec- 2001–2002 school year; nonviolence, even while their home- tion over violence in the Middle East must Whereas charter schools can be vehicles for land, their families, their religion, and never be permitted to justify personal at- improving student academic achievement for their culture are decimated. To turn tacks on Jewish citizens; the students who attend them, for stimu- Whereas when governments have raised a away from the Tibetan people in their lating change and improvement in all public strong moral voice against anti-Semitism schools, and for benefiting all public school hour of need, would send a message to and worked to promote and implement edu- the world that the international com- students; cational initiatives which foster tolerance, Whereas charter schools must meet the munity does not care about what is we have seen success; and same Federal student academic achievement Whereas, Congress recognizes the vital his- just. I urge Tibetans to stay the course accountability requirements as all public torical alliance between nations of Europe of nonviolence.∑ schools, and often set higher and additional and the United States and has high regard goals, to ensure that they are of high quality f for the commitment of our allies to fighting and truly accountable to the public; discrimination, hatred, and violence on ra- SENATE RESOLUTION 253—REIT- Whereas charter schools assess and evalu- cial, ethnic or religious grounds, ERATING THE SENSE OF THE Resolved, (a) That it is the sense of the Sen- ate students annually and often more fre- SENATE REGARDING THE RISE ate that Congress calls upon European gov- quently, and charter school student aca- OF ANTI-SEMITIC VIOLENCE IN ernments to— demic achievement is directly linked to EUROPE (1) acknowledge publicly and without res- charter school existence; ervation the anti-Semitic character of the Whereas charter schools give parents new Mr. SMITH of Oregon (for himself, attacks as violations of human rights; and to freedom to choose their public school, char- Mrs. CLINTON, Mr. SCHUMER, and Mr. utilize the full power of its law enforcement ter schools routinely measure parental ap- HATCH) submitted the following resolu- tools to investigate the crimes and punish proval, and charter schools must prove their tion; which was referred to the Com- the perpetrators; ongoing and increasing success to parents, mittee on Foreign Relations: (2) decry the rationalizing of anti-Jewish policymakers, and their communities; attitudes and even violent attacks against Whereas two-thirds of charter schools re- S. RES. 253 Jews as merely a result of justified popular port having a waiting list, the average size of Whereas many countries in Europe are pro- frustration with the conflict in the Middle such a waiting list is nearly one-half of the tectors of human rights and have stood as East; and school’s enrollment, and the total number of shining examples of freedom and liberty to (3) take measures to protect and ensure the students on all such waiting lists is enough the world; security of Jewish citizens and their institu- to fill another 1,000 average-sized charter Whereas freedom of religion is guaranteed tions, many of whom suffered so grievously schools; by all Organization for Security and Co- in Europe in the past century. Whereas students in charter schools na- operation in Europe (OSCE) participating (b) Further, it is the sense of the Senate tionwide have similar demographic charac- states; that— teristics as students in all public schools;

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.166 pfrm12 PsN: S25PT1 S3450 CONGRESSIONAL RECORD — SENATE April 25, 2002 Whereas charter schools in many States amendment SA 3352 proposed by Mr. Subtitle E—Rural and Remote Communities serve significant numbers of students from BAUCUS (for himself and Mr. GRASSLEY) SEC. 941. SHORT TITLE. families with lower income, minority stu- to the amendment SA 2917 proposed by This subtitle may be cited as the ‘‘Rural dents, and students with disabilities, and in Mr. DASCHLE (for himself and Mr. and Remote Community Fairness Act’’. a majority of charter schools almost half of SEC. 942. FINDINGS AND PURPOSE. the students are considered at risk or are BINGAMAN) to the bill (S. 517) to au- (a) FINDINGS.—The Congress finds that— former dropouts; thorize funding the Department of En- ergy to enhance its mission areas (1) a modern infrastructure, including en- Whereas charter schools have enjoyed ergy-efficient housing, electricity, tele- broad bipartisan support from the Adminis- through technology transfer and part- communications, bulk fuel, waste water and tration, Congress, State Governors and legis- nerships for fiscal years 2002 through potable water service, is a necessary ingre- latures, educators, and parents across the 2006, and for other purposes; which was dient of a modern society and development Nation; and ordered to lie on the table; as follows: of a prosperous economy; Whereas charter schools are laboratories of (2) the Nation’s rural and remote commu- reform and serve as models of how to educate On page 7, line 10, strike ‘‘2005’’ and insert ‘‘2007’’. nities face critical social, economic and envi- children as effectively as possible: Now, ronmental problems, arising in significant therefore, be it SA 3377. Mr. HARKIN submitted an measure from the high cost of infrastructure Resolved, That the Senate— development in sparsely populated and re- (1) designates April 29, 2002, through May 3, amendment intended to be proposed to amendment SA 3352 proposed by Mr. mote areas, that are not adequately ad- 2002, as ‘‘National Charter Schools Week’’; dressed by existing Federal assistance pro- (1) honors the 10th anniversary of the open- BAUCUS (for himself and Mr. GRASSLEY) grams; ing of the Nation’s first charter school; to the amendment SA 2917 proposed by (3) in the past, Federal assistance has been (2) acknowledges and commends the char- Mr. DASCHLE (for himself and Mr. instrumental in establishing electric and ter school movement and charter schools, BINGAMAN) to the bill (S. 517) to au- other utility service in many developing re- teachers, parents, and students across the thorize funding the Department of En- gions of the Nation, and that Federal assist- Nation for their ongoing contributions to ergy to enhance its mission areas ance continues to be appropriate to ensure education and improving and strengthening that electric and other utility systems in the Nation’s public school system; through technology transfer and part- nerships for fiscal years 2002 through rural areas conform with modern standards (3) supports the goals of National Charter of safety, reliability, efficiency and environ- Schools Week, an event sponsored by charter 2006, and for other purposes; which was mental protection; and schools and charter school organizations ordered to lie on the table; as follows: (4) the future welfare of the Nation and the across the Nation and established to recog- On page 7, line 10, strike ‘‘2005’’ and insert well-being of its citizens depend on the es- nize the significant impacts, achievements, ‘‘2007’’ and tablishment and maintenance of viable rural and innovations of the Nation’s charter On page 11, line 9, strike ‘‘2006’’ and insert and remote communities as social, economic schools; and ‘‘2008’’. and political entities. (4) requests that the President issue a (b) PURPOSE.—The purpose of this subtitle proclamation calling on the people of the SA 3378. Mr. HARKIN submitted an is the development and maintenance of via- United States to conduct appropriate pro- amendment intended to be proposed to ble rural and remote communities through grams, ceremonies, and activities to dem- amendment SA 3352 proposed by Mr. the provision of efficient housing, and rea- onstrate support for charter schools in com- sonably priced and environmentally sound munities throughout the Nation. BAUCUS (for himself and Mr. GRASSLEY) to the amendment SA 2917 proposed by energy, water, waste water, and bulk fuel, f telecommunications and utility services to Mr. DASCHLE (for himself and Mr. those communities that do not have those AMENDMENTS SUBMITTED AND BINGAMAN) to the bill (S. 517) to au- services or who currently bear costs of those PROPOSED thorize funding the Department of En- services that are significantly above the na- SA 3376. Mr. HARKIN submitted an amend- ergy to enhance its mission areas tional average. ment intended to be proposed to amendment through technology transfer and part- SEC. 943. DEFINITIONS. SA 3352 proposed by Mr. BAUCUS (for himself nerships for fiscal years 2002 through As used in this subtitle: and Mr. GRASSLEY) to the amendment SA 2006, and for other purposes; was which (1) The term ‘‘unit of general local govern- 2917 proposed by Mr. DASCHLE (for himself ordered to lie on the table; as follows: ment’’ means any city, county, town, town- and Mr. BINGAMAN) to the bill (S. 517) to au- ship, parish, village, borough (organized or On page 7, line 10, strike ‘‘2005’’ and insert unorganized) or other general purpose polit- thorize funding the Department of Energy to ‘‘2006’’. enhance its mission areas through tech- ical subdivision of a State, Guam, the Com- nology transfer and partnerships for fiscal monwealth of the Northern Mariana Islands, SA 3379. Mr. HARKIN submitted an Puerto Rico, the Republic of the Marshall Is- years 2002 through 2006, and for other pur- amendment intended to be proposed to poses; which was ordered to lie on the table. lands, the Federated States of Micronesia, SA 3377. Mr. HARKIN submitted an amend- amendment SA 3352 proposed by Mr. the Republic of Palau, the Virgin Islands, ment intended to be proposed to amendment BAUCUS (for himself and Mr. GRASSLEY) and American Samoa, a combination of such SA 3352 proposed by Mr. BAUCUS (for himself to the amendment SA 2917 proposed by political subdivisions that is recognized by and Mr. GRASSLEY) to the amendment SA Mr. DASCHLE (for himself and Mr. the Secretary; and the District of Columbia; 2917 proposed by Mr. DASCHLE (for himself BINGAMAN) to the bill (S. 517) to au- or any other appropriate organization of citi- and Mr. BINGAMAN) to the bill (S. 517) supra; thorize funding the Department of En- zens of a rural and remote community that which was ordered to lie on the table. the Secretary may identify. ergy to enhance its mission areas (2) The term ‘‘population’’ means total SA 3378. Mr. HARKIN submitted an amend- through technology transfer and part- ment intended to be proposed to amendment resident population based on data compiled SA 3352 proposed by Mr. BAUCUS (for himself nerships for fiscal years 2002 through by the United States Bureau of the Census and Mr. GRASSLEY) to the amendment SA 2006, and for other purposes; which was and referable to the same point or period in 2917 proposed by Mr. DASCHLE (for himself ordered to lie on the table; as follows: time. and Mr. BINGAMAN) to the bill (S. 517) supra; On page 7, line 10, strike ‘‘2005’’ and insert (3) The Term ‘‘Native American group’’ which was ordered to lie on the table. ‘‘2006’’ and means any Indian tribe, band, group, and na- SA 3379. Mr. HARKIN submitted an amend- On page 11, line 9, strike ‘‘2006’’ and insert tion, including Alaska Indians, Aleuts, and ment intended to be proposed to amendment ‘‘2007’’. Eskimos, and any Alaskan Native Village, of SA 3352 proposed by Mr. BAUCUS (for himself the United States, which is considered an eli- and Mr. GRASSLEY) to the amendment SA SA 3380. Mr. BINGAMAN submitted gible recipient under the Indian Self Deter- 2917 proposed by Mr. DASCHLE (for himself mination and Education Assistance Act an amendment intended to be proposed (Public Law 93–638) or was considered an eli- and Mr. BINGAMAN) to the bill (S. 517) supra; to amendment SA 2917 proposed by Mr. which was ordered to lie on the table. gible recipient under chapter 67 of title 31, DASCHLE (for himself and Mr. BINGA- SA 3380. Mr. BINGAMAN submitted an United States Code, prior to the repeal of amendment intended to be proposed to MAN) to the bill (S. 517) to authorize such chapter. amendment SA 2917 proposed by Mr. funding the Department of Energy to (4) The term ‘‘Secretary’’ means the Sec- DASCHLE (for himself and Mr. BINGAMAN) to enhance its mission areas through retary of Housing and Urban Development, the bill (S. 517) supra. technology transfer and partnerships the Secretary of Agriculture, the Secretary for fiscal years 2002 through 2006, and of the Interior or the Secretary of Energy, as f appropriate. for other purposes, which was ordered TEXT OF AMENDMENTS (5) The term ‘‘rural and remote commu- to lie on the table; as follows: nity’’ means a unit of local general govern- SA 3376. Mr. HARKIN submitted an On page 307, after line 3, insert the fol- ment or Native American group which is amendment intended to be proposed to lowing: served by an electric utility that has 10,000

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or less customers with an average retail cost (d) RETENTION OF INCOME.— and remote community development objec- per kilowatt hour of electricity that is equal (1) IN GENERAL.—Any rural and remote tives and projected use of funds under sec- to or greater than 150 percent of the average community may retain any program income tion 945 proportionate to the percentage that retail cost per kilowatt hour of electricity that is realized from any grant made by the the average retail price per kilowatt hour of for all consumers in the United States, as de- Secretary under section 947 if— electricity for all classes of consumers in the termined by data provided by the Energy In- (A) Such income was realized after the ini- rural and remote community exceeds the na- formation Administration of the Department tial disbursement of the funds received by tional average retail price per kilowatt hour of Energy. such unit of general local government under for electricity for all consumers in the (6) The term ‘‘alternative energy sources’’ such section; and United States, as determined by data pro- include non-traditional means of providing (B) such unit of general local government vided by the Department of Energy’s Energy electrical energy, including, but not limited has agreed that it will utilize program in- Information Administration. In allocating to, wind, solar, biomass, municipal solid come for eligible rural and remote commu- funds under this section, the Secretary shall waste, hydroelectric, geothermal and tidal nity development activities in accordance give special consideration to those rural and power. with the provisions of this title. remote communities that increase econo- (7) The term ‘‘average retail cost per kilo- (2) EXCEPTION.—The Secretary may, by mies of scale through consolidation of serv- watt hour of electricity’’ has the same mean- regulation, exclude from consideration as ices, affiliation and regionalization of eligi- ing as ‘‘average revenue per kilowatt hour of program income any amounts determined to ble activities under this title. electricity’’ as defined by the Energy Infor- be so small that compliance with the sub- SEC. 948. RURAL AND REMOTE COMMUNITY mation Administration of the Department of section creates an unreasonable administra- ELECTRIFICATION GRANTS. Energy. tive burden on the rural and remote commu- Section 313 of the Rural Electrification Act SEC. 944. AUTHORIZATION OF APPROPRIATIONS. nity. of 1936 (7 U.S.C. 940c) is amended by adding The Secretary is authorized to make SEC. 946. ELIGIBLE ACTIVITIES. after subsection (b) the following: grants to rural and remote communities to (a) ACTIVITIES INCLUDED.—Eligible activi- (c) RURAL AND REMOTE COMMUNITIES ELEC- carry out activities in accordance with the ties assisted under this subtitle may include TRIFICATION GRANTS.—The Secretary of Agri- provisions of the subtitle. For purposes of as- only— culture, in consultation with the Secretary sistance under section 947, there are author- (1) weatherization and other cost-effective of Energy and the Secretary of the Interior, ized to be appropriated $100,000,000 for each energy-related repairs of homes and other may provide grants under this Act for the of fiscal years 2003 through 2009. buildings; purpose of increasing energy efficiency, SEC. 945. STATEMENT OF ACTIVITIES AND RE- (2) the acquisition, construction, repair, re- siting or upgrading transmission and dis- VIEW. construction, or installation of reliable and tribution lines, or providing or modernizing (a) STATEMENT OF OBJECTIVES AND PRO- cost-efficient facilities for the generation, electric facilities to— JECTED USE.—Prior to the receipt in any fis- transmission or distribution of electricity, ‘‘(1) a unit of local government of a State cal year of a grant under section 947 by any and telecommunications, for consumption in or territory; or ‘‘(2) an Indian tribe or Tribal College or rural and remote community, the grantee a rural and remote community or commu- University as defined in section 316(b)(3) of shall have prepared and submitted to the nities; the Higher Education Act (20 U.S.C. Secretary of the agency providing funding a (3) the acquisition, construction, repair, re- 1059c(b)(3)). final statement of rural and remote commu- construction, remediation or installation of ‘‘(d) GRANT CRITERIA.—The Secretary shall nity development objectives and projected facilities for the safe storage and efficient make grants based on a determination of use of funds. management of bulk fuel by rural and re- cost-effectiveness and most effective use of (b) PUBLIC NOTICE.—In order to permit pub- mote communities, and facilities for the dis- the funds to achieve the stated purposes of lic examination and appraisal of such state- tribution of such fuel to consumers in a rural this section. ments, to enhance the public accountability or remote community; ‘‘(e) PREFERENCE.—In making grants under of grantees, and to facilitate coordination of (4) facilities and training to reduce costs of activities with different levels of govern- this section, the Secretary shall give a pref- maintaining and operating generation, dis- erence to renewable energy facilities. ment, the grantee shall in a timely manner— tribution or transmission systems to a rural (1) furnish citizens information concerning ‘‘(f) DEFINITION.—For purposes of this sec- and remote community or communities; the amount of funds available for rural and tion, the term ‘Indian tribe’ means any In- (5) the institution of professional manage- remote community development activities dian tribe, band, nation, or other organized ment and maintenance services for elec- and the range of activities that may be un- group or community, including any Alaska tricity generation, transmission or distribu- dertaken; Native village or regional or village corpora- tion to a rural and remote community or (2) publish a proposed statement in such tion as defined in or established pursuant to communities; manner to afford affected citizens an oppor- the Alaska Native Claims Settlement Act (43 (6) the investigation of the feasibility of al- tunity to examine its content and to submit U.S.C. 1601 et seq.), which is recognized as el- ternate energy sources for a rural and re- comments on the proposed statement and on igible for the special programs and services mote community or communities; the community development performance of provided by the United States to Indians be- (7) acquisition, construction, repair, recon- the grantee; cause of their status as Indians. (3) provide citizens with reasonable access struction, operation, maintenance, or instal- ‘‘(g) AUTHORIZATION.—For the purpose of to records regarding the past use of funds re- lation of facilities for water or waste water carrying out subsection (c), there are author- ceived under section 947 by the grantee; and service; ized to be appropriated to the Secretary (4) provide citizens with reasonable notice (8) the acquisition or disposition of real $20,000,000 for each of the seven fiscal years of, and opportunity to comment on, any sub- property (including air rights, water rights, following the date of enactment of this sub- stantial change proposed to be made in the and other interests therein) for eligible rural section.’’. use of funds received under section 947 from and remote community development activi- SEC. 949. AUTHORIZATION OF APPROPRIATIONS. one eligible activity to another. ties; and There is hereby authorized to be appro- The final statement shall be made avail- (9) activities necessary to develop and im- priated $5,000,000 for each of fiscal year 2003 able to the public, and a copy shall be fur- plement a comprehensive rural and remote through 2009 to the Denali Commission es- nished to the appropriate Secretary. Any development plan, including payment of rea- tablished by the Denali Commission Act of final statement of activities may be modified sonable administrative costs related to plan- 1998 (42 U.S.C. 3121 note) for the purposes of or amended from time to time by the grantee ning and execution or rural and remote com- funding the power cost equalization pro- in accordance with the same. Procedures re- munity development activities. gram. (b) ACTIVITIES UNDERTAKEN THROUGH ELEC- quired in this paragraph are for the prepara- SEC. 950. RURAL RECOVERY COMMUNITY DEVEL- tion and submission of such statement. TRIC UTILITIES.—Eligible activities may be OPMENT BLOCK GRANTS. (c) PERFORMANCE AND EVALUATION RE- undertaken either directly by the rural and (a) FINDINGS; PURPOSE.— PORT.—Each grantee shall submit to the ap- remote community, or by the rural and re- (1) FINDINGS.—Congress finds that— propriate Secretary, at a time determined by mote community through local electric util- (A) a modern infrastructure, including af- the Secretary, a performance and evaluation ities. fordable housing, wastewater and water serv- report, concerning the use of funds made SEC. 947. ALLOCATION AND DISTRIBUTION OF ice, and advanced technology capabilities is available under section 947, together with an FUNDS. a necessary ingredient of a modern society assessment by the grantee of the relation- For each fiscal year, of they amount ap- and development of a prosperous economy ship of such use to the objectives identified proved in an appropriation act under section with minimal environmental impacts; in the grantee’s statement under subsection 903 for grants in any year, the Secretary (B) the Nation’s rural areas face critical (a) and to the requirements of subsection (b). shall distribute to each rural and remote social, economic, and environmental prob- The grantee’s report shall indicate its pro- community which has filed a final statement lems, arising in significant measure from the grammatic accomplishments, the nature of of rural and remote community development growing cost of infrastructure development and reasons for any changes in the grantee’s objectives and projected use of funds under in rural areas that suffer from low per capita program objectives, and indications of how section 945, an amount which shall be allo- income and high rates of outmigration and the grantee would change its programs as a cated among the rural and remote commu- are not adequately addressed by existing result of its experiences. nities that filed a final statement of rural Federal assistance programs; and

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(C) the future welfare of the Nation and (d) ELIGIBILITY REQUIREMENTS.— (B) $200,000. the well-being of its citizens depend on the (1) STATEMENT OF RURAL DEVELOPMENT OB- (f) ELIGIBLE ACTIVITIES.—Each grantee establishment and maintenance of viable JECTIVES.—In order to receive a grant under shall use amounts received under this sec- rural areas as social, economic, and political this section for a fiscal year, an eligible unit tion for one or more of the following eligible entities. of general local government, Native Amer- activities, which may be undertaken either (2) PURPOSE.—The purpose of this section ican group or eligible Indian tribe— directly by the grantee, or by any local eco- is to provide for the development and main- (A) shall— nomic development corporation, regional tenance of viable rural areas through the (i) publish a proposed statement of rural planning district, nonprofit community de- provision of affordable housing and commu- development objectives and a description of velopment corporation, or statewide develop- nity development assistance to eligible units the proposed eligible activities described in ment organization authorized by the grant- of general local government and eligible Na- subsection (f) for which the grant will be ee: tive American groups in rural areas with ex- used; and (1) the acquisition, construction, repair, re- (ii) afford residents of the rural recovery cessively high rates of outmigration and low construction, operation, maintenance, or in- area served by the eligible unit of general per capital income levels. stallation of facilities for water and waste- local government, Native American groups (b) DEFINITIONS.—In this section: water service or any other infrastructure or eligible Indian tribe with an opportunity (1) ELIGIBLE UNIT OF GENERAL LOCAL GOV- needs determined to be critical to the fur- to examine the contents of the proposed ERNMENT.—The term ‘‘eligible unit of general ther development or improvement of a des- statement and the proposed eligible activi- local government’’ means a unit of general ignated industrial park; ties published under clause (i), and to submit local government that is the governing body (2) the acquisition or disposition of real comments to the eligible unit of general of a rural recovery area. property (including air rights, water rights, local government, Native American group or (2) ELIGIBLE INDIAN TRIBE.—The term ‘‘eli- and other interests therein) for rural com- eligible Indian tribe, as applicable, on the gible Indian tribe’’ means the governing munity development activities; proposed statement and the proposed eligible body of an Indian tribe that is located in a (3) the development of telecommunications activities, and the overall community devel- rural recovery area. infrastructure within a designated industrial opment performance of the eligible unit of (3) GRANTEE.—The term ‘‘grantee’’ means park that encourages high technology busi- general local government, Native American an eligible unit of general local government ness development in rural areas; groups or eligible Indian tribe, as applicable; or eligible Indian tribe that receives a grant (4) activities necessary to develop and im- and under this section. plement a comprehensive rural development (B) Based on any comments received under (4) NATIVE AMERICAN GROUP.—The term plan, including payment of reasonable ad- subparagraph (A)(ii), prepare and submit to ‘‘Native American group’’ means any Indian ministrative costs related to planning and tribe, band, group, and nation, including the Secretary— (i) a final statement of rural development execution of rural development activities; or Alaska Indians, Aleuts, and Eskimos, and (5) affordable housing initiatives. any Alaskan Native Village, of the United objectives; (ii) a description of the eligible activities (g) PERFORMANCE AND EVALUATION RE- States, which is considered en eligible recipi- described in subsection (f) for which a grant PORT.— ent under the Indian Self-Determination and received under this section will be used; and (1) IN GENERAL.—Each grantee shall annu- Education Assistance Act (Public Law 93– (iii) a certification that the eligible unit of ally submit to the appropriate Secretary a 638) or was considered an eligible recipient general local government, Native American performance and evaluation report, con- under chapter 67 of title 31, United States groups or eligible Indian tribe, as applicable, cerning the use of amounts received under Code, prior to the repeal of such chapter. will comply with the requirements of para- this section. (5) RURAL RECOVERY AREA.—The term graph (2). (2) CONTENTS.—Each report submitted ‘‘rural recovery area’’ means any geographic (2) PUBLIC NOTICE AND COMMENT.—In order under paragraph (1) shall include a descrip- area represented by a unit of general local to enhance public accountability and facili- tion of— government or a Native American group— tate the coordination of activities among (A) the eligible activities carried out by (A) the borders of which are not adjacent different levels of government, an eligible the grantee with amounts received under to a metropolitan area; unit of general local government, Native this section, and the degree to which the (B) in which— American groups or eligible Indian tribe that grantee has achieved the rural development (i) the population outmigration level receives a grant under this section shall, as objectives included in the final statement equals or exceeds 1 percent over the most re- soon as practicable after such receipt, pro- submitted under subsection (d)(1); cent five year period, as determined by the vide the residents of the rural recovery area (B) the nature of and reasons for any Secretary of Housing and Urban Develop- served by the eligible unit of general local change in the rural development objectives ment; and or the eligible activities of the grantee after (ii) the per capita income is less than that government, Native American groups or eli- submission of the final statement under sub- of the national nonmetropolitan average; gible Indian tribe, as applicable, with— (A) a copy of the final statement submitted section (d)(1); and and under paragraph (1)(B); (C) any manner in which the grantee would (C) that does not include a city with a pop- (B) information concerning the amount ulation of more than 15,000. change the rural development objectives of made available under this section and the el- the grantee as a result of the experience of (6) UNIT OF GENERAL LOCAL GOVERNMENT.— igible activities to be undertaken with that (A) IN GENERAL.—The term ‘‘unit of general the grantee in administering amounts re- amount; local government’’ means any city, county, ceived under this section. (C) reasonable access to records regarding (h) RETENTION OF INCOME.—A grantee may town, township, parish, village, borough (or- the use of any amounts received by the eligi- ganized or unorganized), or other general retain any income that is realized from the ble unit of general local government, Native grant, if— purpose political subdivision of a State; American groups or eligible Indian tribe Guam, the Commonwealth of the Northern (1) the income was realized after the initial under this section in any preceding fiscal disbursement of amounts to the grantee Mariana Islands, the Virgin Islands, Puerto year; and Rico, and American Samoa, or a general pur- under this section; and (D) reasonable notice of, and opportunity (2) the— pose political subdivision thereof; a com- to comment on, any substantial change pro- bination of such political subdivisions that, (A) grantee agrees to utilize the income for posed to be made in the use of amounts re- 1 or more eligible activities; or except as provided in section 106(d)(4), is rec- ceived under this section from one eligible ognized by the Secretary; and the District of (B) amount of the income is determined by activity to another. the Secretary to be so small that compliance Columbia. (e) DISTRIBUTION OF GRANTS.— with subparagraph (A) would create an un- (B) OTHER ENTITIES INCLUDED.—The term (1) IN GENERAL.—In each fiscal year, the reasonable administrative burden on the also includes a State or a local public body Secretary shall distribute to each eligible grantee. or agency, community association, or other unit of general local government, Native (i) AUTHORIZATION OF APPROPRIATIONS.— entity, that is approved by the Secretary for American groups and eligible Indian tribe There is authorized to be appropriated to the purpose of providing public facilities or that meets the requirements of subsection carry out this section $100,000,000 for each of services to a new community. (d)(1) a grant in an amount in paragraph (2). (7) SECRETARY.—The term ‘‘Secretary’’ (2) AMOUNT.—Of the total amount made fiscal years 2003 through 2009. means the Secretary of Housing and Urban available to carry out this section in each f Development, the Secretary of Agriculture, fiscal year, the Secretary shall distribute to AUTHORITY FOR COMMITTEES TO the Secretary of the Interior or the Sec- each grantee the amount equal to the great- retary of Energy, as appropriate. er of— MEET (c) GRANT AUTHORITY.—The Secretary may (A) the pro rata share of the grantee, as de- COMMITTEE ON ARMED SERVICES make grants in accordance with this section termined by the Secretary, based on the Mr. REID. Mr. President, I ask unan- to eligible units of general local government, combined annual population out migration Native American groups and eligible Indian level (as determined by the Secretary of imous consent that the Committee on tribes that meet the requirements of sub- Housing and Urban Development) and the Armed Services be authorized to meet section (d) to carry out eligible activities de- per capita income for the rural recovery area during the session of the Senate on scribed in subsection (f). served by the grantee; or Thursday, April 25, 2002, at 10 a.m., in

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00116 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.179 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3453 closed session to receive a briefing on Tentative Witness List S. Res. 109, a resolution designating the administration’s request for a Panel I: The Honorable Phil Gramm; the second Sunday in the month of De- waiver in the certifications required the Honorable Kay Bailey Hutchison; cember as ‘‘National Children’s Memo- for the Cooperative Threat Reduction the Honorable Fred Thompson; the rial Day’’ and the last Friday in the Program and on a recent report from Honorable Mike DeWine; the Honorable month of April as ‘‘Children’s Memo- the Joint Atomic Energy Intelligence Bill Frist; the Honorable Ralph M. rial Flag Day’’ [Reid/Edwards]. Committee. Hall; the Honorable Dave Hobson; the S. Res. 249, a resolution designating The PRESIDING OFFICER. Without Honorable Harold E. Ford, Jr.; and the April 30, 2002, as ‘‘Dia de los Ninos: objection, it is so ordered. Honorable Max Sandlin. Celebrating Young Americans’’ COMMITTEE ON COMMERCE, SCIENCE, AND Panel II: Julia Smith Gibbons to be [Hatch]. TRANSPORTATION United States Circuit Court Judge for S. Con. Res. 102, a concurrent resolu- Mr. REID. Mr. President, I ask unan- the Sixth Circuit. tion proclaiming the week of May 4 imous consent that the Committee on Panel III: Leonard E. Davis to be through May 11, 2002, as ‘‘National Safe Commerce, Science, and Transpor- United States District Court Judge for Kids Week’’ [Dodd]. tation be authorized to meet Thursday, the Eastern District of Texas; David C. IV. Committee Business April 25, 2002, at 9:30 a.m., on Online Godbey to be United States District Privacy and Protection Act of 2002. Committee Resolution to Authorize Court Judge for the Northern District Antitrust Subpoena. The PRESIDING OFFICER. Without of Texas; Andrew S. Hanen to be objection, it is so ordered. The PRESIDING OFFICER. Without United States District Court Judge for objection, it is so ordered. COMMITTEE ON COMMERCE, SCIENCE, AND the Southern District of Texas; Samuel COMMITTEE ON VETERANS’ AFFAIRS TRANSPORTATION H. Mays, Jr., to be United States Dis- Mr. REID. Mr. President, I ask unan- Mr. REID. Mr. President, I ask unan- trict Court Judge for the Western Dis- imous consent that the Committee on imous consent that the Committee on trict of Tennessee; and Thomas M. Commerce, Science, and Transpor- Veterans’ Affairs be authorized to meet Rose to be United States District Court during the session of the Senate on tation be authorized to meet Thursday, Judge for the Southern District of April 25, 2002, at 2:30 p.m., on the nomi- Thursday, April 25, 2002, for a hearing Ohio. on ‘‘Options to Nursing Homes—Is VA nation of Harold D. Stratton to be The PRESIDING OFFICER. Without Commissioner and chairman of the Prepared?’’ objection, it is ordered. The hearing will take place in SR–418 Consumer Product Safety Commission. COMMITTEE ON THE JUDICIARY The PRESIDING OFFICER. Without of the Russell Senate Office Building at Mr. REID. Mr. President, I ask unan- objection, it is so ordered. 9:30 a.m. imous consent that the Committee on The PRESIDING OFFICER. Without COMMITTEE ON FINANCE the Judiciary be authorized to meet to objection, it is so ordered. Mr. REID. Mr. President, I ask unan- conduct a markup on Thursday, April SELECT COMMITTEE ON INTELLIGENCE imous consent that the Committee on 25, 2002, at 10 a.m., in Dirksen Building Mr. REID. Mr. President, I ask unan- Finance be authorized to meet during room 226. The agenda is attached. imous consent that the Select Com- the session of the Senate on Thursday, mittee on Intelligence be authorized to April 25, 2002, at 2:30 p.m., to hear testi- Agenda meet during the session of the Senate mony on ‘‘Issues in TANF Reauthoriza- I. Nominations on Thursday, April 25, 2002, at 3:30 p.m., tion: Helping Hard-to-Employ Fami- to hold a business meeting. lies.’’ To be United States Marshal: Gordon The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without Edward Eden, Jr. for the District of objection, it is so ordered. objection, it is so ordered. New Mexico; David Phillip Gonzales for the District of Arizona; Ronald Hender- SUBCOMMITTEE ON HOUSING AND COMMITTEE ON GOVERNMENT AFFAIRS son for the Eastern District of Mis- TRANSPORTATION Mr. REID. Mr. President, I ask unan- souri; John Lee Moore for the Eastern Mr. REID. Mr. President, I ask unan- imous consent that the Committee on District of Texas; John Edward Quinn imous consent that the Subcommittee Governmental Affairs be authorized to for the Northern District of Iowa; on Housing and Transportation of the meet on Thursday, April 25, 2002, at ap- Charles M. Sheer for the Western Dis- Committee on Banking, Housing, and proximately 3:30 p.m. (immediately fol- trict of Missouri; and Edward Zahren Urban Affairs be authorized to meet lowing the first rollcall vote in a series for the District of Colorado. during the session of the Senate on of votes expected to begin at 3:30 p.m.), Thursday, April 25, 2002, at 2:30 p.m., to for a business meeting to consider the II. Bills conduct an oversight hearing on nomination of Paul A. Quander, Jr., to S. 2031, Intellectual Property Protec- ‘‘Transit in the 21st Century: Successes be Director of the District of Columbia tion Restoration Act of 2002 [Leahy/ and Challenges.’’ Court Services and Offender Super- Brownback]. The PRESIDING OFFICER. Without vision Agency. S. 2010, Corporate and Criminal objection, it is so ordered. The PRESIDING OFFICER. Without Fraud Accountability Act of 2002 SUBCOMMITTEE ON PUBLIC HEALTH objection, it is so ordered. [Leahy/Daschle/Durbin]. Mr. REID. Mr. President, I ask unan- COMMITTEE ON HEALTH, EDUCATION, LABOR, S. 1974, Federal Bureau of Investiga- imous consent that the Committee on AND PENSIONS tion Reform Act of 2002 [Leahy/Grass- Health, Education, Labor, and Pen- Mr. REID. Mr. President, I ask unan- ley]. sions, Subcommittee on Public Health, imous consent that the Committee on S. 848, Social Security Number Mis- be authorized to meet for a hearing on Health, Education, Labor, and Pen- use Prevention Act of 2001 [Feinstein/ ‘‘Addressing Unmet Needs in Women’s sions be authorized to meet for a hear- Gregg]. Health’’ during the session of the Sen- ing on ‘‘IDEA: Behavioral Supports in S. 1742, Restore Your Identity Act of ate on Thursday, April 25, 2002, at 2:30 Schools’’ during the session of the Sen- 2001 [Cantwell]. p.m. ate on Thursday, April 25, 2002, at 10 S. 410, a bill to amend the Violence The PRESIDING OFFICER. Without a.m. Against Women Act of 2000 by expand- objection, it is so ordered. The PRESIDING OFFICER. Without ing legal assistance for victims of vio- f objection, it is so ordered. lence grant program to include assist- COMMITTEE ON THE JUDICIARY ance for victims of dating violence. PRIVILEGE OF THE FLOOR Mr. REID. Mr. President, I ask unan- [Crapo/Craig/Wellstone/Biden]. Mr. GRASSLEY. Mr. President, I ask imous consent that the Committee on unanimous consent for interns on the the Judiciary be authorized to meet to III. Resolutions floor from the Senate Finance Com- conduct a nominations hearing on S. Res. 245, designating the Week of mittee, Darius Marzec, Stephen Seale, Thursday, April 25, 2002, in Dirksen May 5 through May 11, 2002 as ‘‘Na- and Elliott Langer, be granted floor room 226 at 10 a.m. The witness list is tional Occupational Safety and Health privileges during the duration of the attached. Week’’ [Durbin/Brownback/Feingold]. energy bill.

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.181 pfrm12 PsN: S25PT1 S3454 CONGRESSIONAL RECORD — SENATE April 25, 2002 The PRESIDING OFFICER. Without offer this unanimous consent request. reinsurance legislation in order to return objection, it is so ordered. This unanimous consent request to- stability to U.S. insurance markets. Sincerely, f night is not going to be approved to- night, and that is too bad. I wish it UNANIMOUS CONSENT—S. 625 The letter is signed by Governor could be. We need to move this legisla- Hodges of the State of South Carolina; Mr. REID. Mr. President, earlier this tion. It is priority legislation for the Governor Johanns of the State of Ne- month, Attorney General Ashcroft an- Senate and, therefore, for this country. braska; Governor Patton of the State nounced that the defendant in the case Now, Mr. President, on behalf of the of Kentucky; Governor Martz of the where two women were killed in the minority, the Republicans, I object. I State of Montana; Governor Siegelman Shenandoah National Park will be explained to them I was going to move of the State of Alabama; Governor tried using the Hate Crimes Sentencing this forward. As you know, we have Holden of the State of Missouri; Gov- Enhancement Act. This is the first worked very long and hard on a num- ernor Warner of the State of Virginia; time in the history of our country that ber of different matters, and I indi- Governor McCallum of the State of a Federal murder prosecution will use cated that it would not be necessary Wisconsin; Governor Owens of the this provision of the law. for a Senator to remain to simply ob- State of Colorado; Governor Ryan of At his press conference announcing ject, as I have. But I do say that I am the State of Illinois; Governor Geringer the indictments, Attorney General tremendously disappointed that I have of the State of Wyoming; Governor Ashcroft said: to object on behalf of the minority. It Huckabee of the State of Arkansas; Criminal acts of hate run counter to what is too bad. But we will revisit this in Governor King of the State of Maine; is best in America—our belief in equality and the near future. freedom. Governor Rowland of the State of Con- The PRESIDING OFFICER. Objec- necticut; Governor Bush of the State of He was absolutely right. Americans tion is heard. Florida; Governor O’Bannon of the know that hate crimes injure the vic- State of Indiana; Governor Taft of the tim, the community, and the entire f State of Ohio; Governor Swift of the Nation. No one should be attacked sim- State of Massachusetts. ply because of his or her race, religion, TERRORISM REINSURANCE gender, physical abilities, or sexual I have been advised that there are orientation. Mr. REID. Mr. President, I would like many other Governors who would have to read into the RECORD a letter that is As Senator EDWARD KENNEDY has signed this letter. But as with all said, until we pass the hate crimes leg- written to the Honorable TOM DASCHLE, things, sometimes it is difficult to get islation pending before Congress, the majority leader of the Senate; the Hon- the signatures from all of those Gov- promise to aggressively prosecute hate orable TRENT LOTT, Republican leader ernors. of the Senate; the Honorable DENNIS crimes is really an empty promise. I personally have had many conversa- HASTERT, Speaker of the House of Rep- For many years now, we have at- tions regarding this issue. I have had resentatives; and the Honorable RICH- tempted to pass the hate crimes legis- conversations with people in the insur- ARD GEPHARDT, House Democratic lead- lation that Senator KENNEDY and oth- ance industry. I have had conversa- ers have introduced. In the fall of 2000, er. The letter is dated April 15 of this year. tions in my office right across the hall this same bill passed the Senate as an with people in the real estate business. amendment on the Department of De- DEAR CONGRESSIONAL LEADERS: As a result I have had many conversations with of the event of September 11th, the nation’s fense authorizations bill. However, de- people in the financial markets across spite strong bicameral, bipartisan sup- property and casualty insurance companies have or will pay out losses that will exceed the country, and people from home, port, it was stripped out of the con- $35 billion dollars. Since the first of January, people who want to continue one of the ference report, as happens a lot of many insurance companies, self-insurers and largest construction projects we have times. states have been faced with a situation had in Nevada. It would be a huge mall. The need is clear. The support is where they are unable to spread the risk that It is already half completed. It is a there. It is time to finish the job we they insure because of the unavailability of huge facility that they said they will started 2 years ago and pass the Local reinsurance protection. In the event of an- have to stop construction by the first other major attack, some companies or per- Law Enforcement Enhancement Act, of June if that is not taken care of. and pass it quickly. haps a segment of the industry would face insolvency. While most states have approved Therefore, Mr. President, I ask unan- Senator DODD has worked incredibly a limited exclusion for terrorism with a $25 hard to put together a bill that re- imous consent that the majority lead- million deductible, exclusions for workers’ er, after consultation with the Repub- solves this serious problem. The White compensation coverage are not permitted by House wants this bill to get to con- lican leader, may turn to the consider- statute in any state. The present situation ation of S. 625, the Local Law Enforce- poses a grave risk to the solvency of the in- ference with the House, we are told. As ment Enhancement Act, and that it be surance industry, state insurance facilities, I have indicated, these Governors, considered under the following limita- economic development initiatives, and the Democratic and Republican, have tions: There be 4 hours for debate on ability of our states to recover from impacts called for this action. I have personally of the September 11th attacks. the bill, equally divided between the spent a lot of time with the Presiding In the months after the attack on our na- Officer, junior Senator from Florida, chairman and ranking member of the tion, legislation passed in the House and was Judiciary Committee; that each leader, who, prior to coming here, was insur- introduced in the Senate to create a back- ance commissioner of one of the larg- or their designee, be permitted to offer stop for the insurance industry so they could two relevant first-degree amendments; continue to provide protection to their cus- est States in the Union, and who has a that there be a time limitation of 1 tomers. The Administration has also sup- very personal knowledge of the insur- hour for debate on each first-degree ported this concept. Currently, there is ance industry. The leader has spoken amendment; that no second-degree broad bi-partisan agreement for providing an to the Senator from Florida many insurance backstop. Governors believe this is times more than I have because we amendments be in order prior to a an important goal that should not be inhib- failed motion to table; that if a second- have looked to him for leadership on ited by other issues. this issue. degree amendment is offered, it be rel- Since late December, the lack of a finan- evant to the first degree and be limited cial backstop has started to ripple through I am prepared to move forward with to 30 minutes for debate; that upon the the economy and will continue to do so. This a unanimous consent request relating disposition of the amendments, and the will further impact the ability of the econ- to this issue. I will do so. The only use or yielding back of the time on the omy to recover from the current recession. question at this time is whether the bill, the bill be read a third time, and As Governors, we are facing many critical Republican leader is in the building. I issues resulting from the September 11th cri- wouldn’t want him to come from his the Senate vote on passage of the bill, sis. The emerging problem in insurance cov- without any intervening action or de- erage only serves to exacerbate our recovery residence. If he is not here in a reason- bate. efforts. In view of this, we the undersigned able period of time, I will be notified Prior to putting this to the Senate, I Governors, respectfully urge the Congress to by staff. I will at that time make the simply say, we are going to continually quickly complete its work on the terrorism consent request.

VerDate 11-MAY-2000 06:51 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.152 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3455 UNANIMOUS CONSENT REQUEST— I am assuming that eventually we hemisphere, celebrate ‘‘Dı´a de los Nin˜ os’’ on H.R. 3210 will get some agreement to bring this the 30th of April, in recognition and celebra- legislation to the floor. I want the tion of their country’s future—their chil- Mr. REID. Mr. President, I ask unan- dren; imous consent that the majority lead- record to reflect that it is the consid- ered judgment of this Senator, with the Whereas children represent the hopes and er, after consultation with the Repub- dreams of the people of the United States; experience I have had in my former lican leader, may turn to the consider- Whereas children are the center of Amer- public service as insurance commis- ation of H.R. 3210, the terrorism insur- ican families; sioner of Florida, that there needs to ance bill, and that it be considered Whereas children should be nurtured and be some considerable tightening of this under the following limitations: That invested in to preserve and enhance eco- legislation, and the majority leader the Dodd-Sarbanes-Schumer substitute nomic prosperity, democracy, and the Amer- and the assistant majority leader have ican spirit; be agreed to for purposes of original been kind enough to indicate that I Whereas Hispanics in the United States, text; that there be a time limitation of will be protected in order to offer one the youngest and fastest growing ethnic 3 hours for debate on the bill and 1 of the amendments. community in the Nation, continue the tra- hour for debate on each amendment That amendment would simply be to dition of honoring their children on this day, equally divided in the usual form; that make sure the rates are frozen on any and wish to share this custom with the rest the only amendments in order be rel- further rate hike until the actuarial of the Nation; evant to terrorism insurance; that in soundness can be determined of what Whereas 1 in 4 Americans is projected to be of Hispanic descent by the year 2050, and addition to a managers’ amendment, should be the rate with regard to the the following be the only amendments there are, in 2002, approximately 12.3 million terrorism risk. The problem for deter- Hispanic children in the United States; in order: Senator HOLLINGS, relevant; mining that is the fact that there is no Whereas traditional Hispanic family life Senator NELSON of Florida, relevant; data—very little, except for the data centers largely on children; Senator WYDEN, relevant; Senator we now have from September 11, and Whereas the primary teachers of family LEAHY, relevant; that Senator LOTT, or that is the only experience we have, values, morality, and culture are parents and his designee, be permitted to offer four save the earlier decade of the nineties family members, and we rely on children to first-degree amendments; that relevant and the attempt at bombing the World pass on these family values, morals, and cul- second-degree amendments be in order Trade Center. Therefore, it is very dif- ture to future generations; and limited to 30 minutes for debate ficult to determine what is an adequate Whereas more than 500,000 children drop equally divided in the usual form; that rate. Because it is difficult, it is also out of school each year and Hispanic dropout rates are unacceptably high; upon the disposition of these amend- easy to jack the rates up sky high. Whereas the importance of literacy and ments and the conclusion or yielding So that is the burden I will come to education are most often communicated to back of debate time, the bill be read a the floor to try to address. children through family members; third time and the Senate vote, with- If the Republican minority ever re- Whereas families should be encouraged to out any intervening debate, on final leases their objection to this legisla- engage in family and community activities passage of the bill. tion, then we need to perfect this legis- that include extended and elderly family I would say that I have been advised, lation so that the ratepayers, the con- members and encourage children to explore, and certainly this has been the case in sumers, are not paying a much higher develop confidence, and pursue their dreams; Whereas the designation of a day to honor the past, that Senator LOTT, the Re- rate for the terrorism risk than is jus- the children of the Nation will help affirm publican leader, would offer a counter tified by actuarial soundness. I thank the assistant majority leader for the people of the United States the sig- to this agreement. I would simply say for presiding so I could come down to nificance of family, education, and commu- this is how we would like to go for- make this statement. I look forward to nity; ward. This is what we have been asked working with the leadership on this Whereas the designation of a day of special to have cleared on our side for a long recognition of children of the United States issue. will provide an opportunity to children to re- period of time. We have done that. It is I yield the floor. cleared on our side. flect on their future, to articulate their (Mr. NELSON of Florida assumed the dreams and aspirations, and find comfort and I think it is a shame that we are not chair). going to be able to get this approved. I security in the support of their family mem- f bers and communities; believe this is something that is crit- DESIGNATING APRIL 30, 2002, AS Whereas the National Latino Children’s In- ical to be done. I am disappointed we stitute, serving as a voice for children, has will not be able to do that. ‘‘DIA DE LOS NINOS: CELE- worked with cities throughout the country As I have indicated in relation to the BRATING YOUNG AMERICANS’’ to declare April 30 as ‘‘Dı´a de los Nin˜ os: Cele- hate crimes unanimous consent re- Mr. REID. Mr. President, I ask unan- brating Young Americans’’—a day to bring quest, the Republicans have indicated imous consent that the Senate proceed together Latinos and other communities na- that if I did offer this tonight, they to the immediate consideration of Cal- tionwide to celebrate and uplift children; would object. As I have said, there is endar No. 355, S. Res. 249. and absolutely no reason at this late hour The PRESIDING OFFICER. The Whereas the children of a nation are the responsibility of all its people, and people that somebody wait because this would clerk will state the resolution by title. The legislative clerk read as follows: should be encouraged to celebrate the gifts have taken an hour or two for them to of children to society—their curiosity, wait around, and that was not nec- A resolution (S. Res. 249) designating April laughter, faith, energy, spirit, hopes, and essary. So on behalf of the minority, I 30, 2002, as ‘‘Dia de los Ninos: Celebrating dreams: Now, therefore, be it object to my own request. Young Americans,’’ and for other purposes. There being no objection, the Senate Resolved, That the Senate— The PRESIDING OFFICER. Objec- (1) designates April 30, 2002, as ‘‘Dı´a de los tion is heard. proceeded to consider the resolution. Nin˜ os: Celebrating Young Americans’’; and (Mr. REID assumed the chair.) Mr. REID. Mr. President, I ask unan- (2) requests that the President issue a imous consent that the resolution and proclamation calling on the people of the f preamble be agreed to, en bloc, the mo- United States to join with all children, fami- TERRORISM REINSURANCE tion to reconsider be laid on the table, lies, organizations, communities, churches, LEGISLATION and any statements regarding this cities, and States across the Nation to ob- matter be printed in the RECORD. serve the day with appropriate ceremonies, Mr. NELSON of Florida. Mr. Presi- The PRESIDING OFFICER. Without including— dent, the hour is late, and I am not objection, it is so ordered. (A) activities that center around children, going to speak but a couple of minutes, The resolution (S. Res. 249) was and are free or minimal in cost so as to en- just to lay the predicate for the subject agreed to. courage and facilitate the participation of that the distinguished Senator from The preamble was agreed to. all our people; Nevada has just raised, to which the The resolution, with its preamble, (B) activities that are positive, uplifting, and that help children express their hopes Republican minority has entered an ob- reads as follows: and dreams; jection—the bill on providing Federal S. RES. 249 (C) activities that provide opportunities backup for the terrorism risk the in- Whereas many nations throughout the for children of all backgrounds to learn surance industry would assume. world, and especially within the Western about one another’s cultures and share ideas;

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\G25AP6.153 pfrm12 PsN: S25PT1 S3456 CONGRESSIONAL RECORD — SENATE April 25, 2002 (D) activities that include all members of The results speak for themselves. The preamble was agreed to. the family, and especially extended and el- Today, over 500,000 students attend The resolution, with its preamble, derly family members, so as to promote more than 2,400 charter schools in 34 reads as follows: greater communication among the genera- States, the District of Columbia, and tions within a family, enabling children to S. RES. 254 the Commonwealth of Puerto Rico. appreciate and benefit from the experiences Whereas charter schools are public schools and wisdom of their elderly family members; And, nationwide charters schools have authorized by a designated public body and (E) activities that provide opportunities combined waiting lists long enough to operating on the principles of account- for families within a community to get ac- fill another 1,000 schools. Parents and ability, parental involvement, choice, and quainted; and educators in turn have given these pro- autonomy; (F) activities that provide children with grams overwhelmingly very high Whereas in exchange for the flexibility and the support they need to develop skills and marks. Growing research shows that autonomy given to charter schools, they are confidence, and find the inner strength—the charter schools are effectively serving held accountable by their sponsors for im- will and fire of the human spirit—to make diverse populations, particularly many proving student achievement and for their fi- their dreams come true. nancial and other operations; of the disadvantaged and at-risk chil- f Whereas 37 States, the District of Colum- dren that traditional public schools bia, and the Commonwealth of Puerto Rico DESIGNATING THE WEEK OF have struggled to educate. have passed laws authorizing charter APRIL 29–MAY 3, 2002, AS ‘‘NA- Despite our achievements to date, we schools; TIONAL CHARTER SCHOOLS cannot rest on our laurels. We must Whereas 37 States, the District of Colum- WEEK’’ strive to increase options, and rep- bia, and the Commonwealth of Puerto Rico Mr. REID. Mr. President, I ask unan- licate successes. Recently, some skep- will have received substantial assistance from the Federal Government by the end of imous consent that the Senate proceed tics have criticized what they see as a slow down in the growth of charter the current fiscal year for planning, startup, to the consideration of S. Res. 254, sub- and implementation of charter schools since mitted earlier today by Senators schools and an increase in the number their authorization in 1994 under the Ele- LIEBERMAN, GREGG, CARPER, and of schools that have closed. Although mentary and Secondary Education Act of HUTCHINSON of Arkansas. the hundreds of families on waiting 1965 (20 U.S.C. 6301 et seq.); The PRESIDING OFFICER. The lists clearly refutes these skeptics, we Whereas 34 States, the District of Colum- clerk will state the resolution by title. must rightly maintain our vigilance to bia, and the Commonwealth of Puerto Rico The legislative clerk read as follows: ensure that charter schools reach our are serving more than 500,000 students in more than 2,431 charter schools during the A resolution (S. Res. 254) designating April high academic expectations and de- 2001-2002 school year; 29, 2002, through May 3, 2002, as ‘‘National mand accountability from those that Whereas charter schools can be vehicles for Charter Schools Week,’’ and for other pur- our failing their students. improving student academic achievement for poses. Unfortunately in too many cases, the students who attend them, for stimu- There being no objection, the Senate charter schools are the victims of poor- lating change and improvement in all public proceeded to consider the resolution. ly drafted charter school laws and in- schools, and for benefiting all public school Mr. LIEBERMAN. Mr. President, I adequate funding. I am pleased that students; am proud to join my colleagues, Sen- many of the reforms enacted under the Whereas charter schools must meet the ators GREGG, CARPER, HUTCHINSON, and recently signed No Child Left Behind same Federal student academic achievement BAYH in introducing this resolution Act will further strengthen the aca- accountability requirements as all public today to salute the success of public schools, and often set higher and additional demic performance of charter schools goals, to ensure that they are of high quality charter schools in our country and to and help put them on firmer fiscal foot- and truly accountable to the public; designate April 29, 2002 through May 3, ing. Recognizing that greater choice Whereas charter schools assess and evalu- 2002, as National Charter Schools and accountability enhances our public ate students annually and often more fre- Week. education system, I recently urged all quently, and charter school student aca- This week also marks the 10th anni- American colleges and universities to demic achievement is directly linked to versary of the opening of the Nation’s create charter schools. Parents are cry- charter school existence; first charter school. Since the City ing out for more high-quality public Whereas charter schools give parents new freedom to choose their public school, char- Academy in St. Paul, MN, was founded, school options that prepare their chil- the idea has been catching on. ter schools routinely measure parental ap- dren for college, and colleges are per- proval, and charter schools must prove their From seeing several charter schools fectly positioned to help. ongoing and increasing success to parents, up close, I am convinced that they rep- The most remarkable aspect of the policymakers, and their communities; resent one of the most promising en- charter movement may be that it has Whereas two-thirds of charter schools re- gines of education reform in the coun- managed to bring together educators, port having a waiting list, the average size of try today. Charter schools grant edu- parents, community activists, business such a waiting list is nearly one-half of the cators freedom from top-heavy bu- leaders and politicians from across the school’s enrollment, and the total number of reaucracies and their red tape in ex- political spectrum in support of a com- students on all such waiting lists is enough change for a commitment to meet high to fill another 1,000 average-sized charter mon goal to better educate our chil- schools; academic standards. In 1994, I was dren by offering more choice, more Whereas students in charter schools na- proud to join my colleague Dave grassroots control and more account- tionwide have similar demographic charac- Durenberger of Minnesota as sponsor of ability within our public schools. I am teristics as students in all public schools; the bill authorizing the Federal Char- proud to salute these growing commu- Whereas charter schools in many States ter School Grant Program, which Con- nity efforts throughout our nation, and serve significant numbers of students from gress passed with strong bipartisan ma- commend these frontline educational families with lower income, minority stu- jorities and which has provided more innovations for their commitment to dents, and students with disabilities, and in than $750 million since then for plan- a majority of charter schools almost half of expanding educational options for the students are considered at risk or are ning, startup and implementation of American families to ensure that all former dropouts; charter schools. children reach high levels of academic Whereas charter schools have enjoyed I also think it’s important to note in achievement. broad bipartisan support from the Adminis- many cases charter schools are built Mr. REID. Mr. President, I ask unan- tration, Congress, State Governors and legis- from the ground up by educational en- imous consent that the resolution and latures, educators, and parents across the trepreneurs, teachers, parents and preamble be agreed to, en bloc, the mo- Nation; and local leaders seeking to reinvent the tion to reconsider be laid on the table, Whereas charter schools are laboratories of public school and take it back to the with no intervening action or debate, reform and serve as models of how to educate future, reconnecting public education children as effectively as possible: Now, and that any statements thereto be therefore, be it to some of our oldest, most basic val- printed in the RECORD. Resolved, That the Senate— ues—responsibility, opportunity, com- The PRESIDING OFFICER. Without (1) designates April 29, 2002, through May 3, munity, and refocusing its mission on objection, it is so ordered. 2002, as ‘‘National Charter Schools Week’’; doing what’s best for the child instead The resolution (S. Res. 254) was (1) honors the 10th anniversary of the open- of what’s best for the system. agreed to. ing of the Nation’s first charter school;

VerDate 11-MAY-2000 06:51 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00120 Fmt 4624 Sfmt 0634 E:\CR\FM\A25AP6.169 pfrm12 PsN: S25PT1 April 25, 2002 CONGRESSIONAL RECORD — SENATE S3457 (2) acknowledges and commends the char- Mr. REID. Mr. President, I ask unan- Senate, I ask unanimous consent that ter school movement and charter schools, imous consent that the mandatory live the Senate stand in adjournment under teachers, parents, and students across the quorum under rule XXII be waived and the previous order. Nation for their ongoing contributions to that the vote on cloture on the motion education and improving and strengthening There being no objection, the Senate, the Nation’s public school system; to proceed occur at 6 p.m. on Monday, at 7:37 p.m., adjourned until Friday, (3) supports the goals of National Charter April 29. April 26, 2002, at 10 a.m. Schools Week, an event sponsored by charter The PRESIDING OFFICER. Without schools and charter school organizations objection, it is so ordered. f across the Nation and established to recog- f nize the significant impacts, achievements, NOMINATIONS ORDERS FOR FRIDAY, APRIL 26, and innovations of the Nation’s charter Executive nominations received by 2002 schools; and the Senate April 25, 2002: (4) requests that the President issue a Mr. REID. Mr. President, I ask unan- EXECUTIVE OFFICE OF THE PRESIDENT proclamation calling on the people of the imous consent that when the Senate United States to conduct appropriate pro- RICHARD M. RUSSELL, OF VIRGINIA, TO BE AN ASSO- grams, ceremonies, and activities to dem- completes its business today, it ad- CIATE DIRECTOR OF THE OFFICE OF SCIENCE AND TECH- onstrate support for charter schools in com- journ until the hour of 10 a.m., Friday, NOLOGY POLICY, VICE ARTHUR BIENENSTOCK. munities throughout the Nation. April 26; that following the prayer and DEPARTMENT OF STATE f the pledge, the Journal of proceedings JAMES FRANKLIN JEFFREY, OF VIRGINIA, A CAREER be approved to date, the morning hour MEMBER OF THE SENIOR FOREIGN SERVICE, CLASS OF ANDEAN TRADE PREFERENCE EX- MINISTER-COUNSELOR, TO BE AMBASSADOR EXTRAOR- be deemed to have expired, the time for DINARY AND PLENIPOTENTIARY OF THE UNITED STATES PANSION ACT—MOTION TO PRO- the two leaders be reserved for their OF AMERICA TO THE REPUBLIC OF ALBANIA. CEED use later in the day, and the Senate re- EUROPEAN BANK FOR RECONSTRUCTION AND Mr. REID. Mr. President, I move to sume consideration of the motion to DEVELOPMENT proceed to Calendar No. 295, H.R. 3009, proceed to H.R. 3009, the Andean Trade MARK SULLIVAN, OF MARYLAND, TO BE UNITED the Andean Trade Preference Expan- STATES DIRECTOR OF THE EUROPEAN BANK FOR RECON- Act. STRUCTION AND DEVELOPMENT, VICE KAREN SHEP- sion Act, and send a cloture motion to The PRESIDING OFFICER. Without HERD, RESIGNED. the desk on the motion to proceed. objection, it is so ordered. f The PRESIDING OFFICER. The f clerk will report the cloture motion. PROGRAM CLOTURE MOTION CONFIRMATIONS We, the undersigned Senators, in accord- Mr. REID. Mr. President, there will Executive nominations confirmed by ance with the provisions of rule XXII of the be no rollcall votes tomorrow. The next the Senate April 25, 2002: Standing Rules of the Senate, hereby move rollcall vote will occur on Monday at 6 THE JUDICIARY to bring to a close debate on the motion to p.m. on the cloture motion on the mo- PERCY ANDERSON, OF CALIFORNIA, TO BE UNITED proceed to Calendar No. 295, H.R. 3009, the tion to proceed to the Andean trade Andean Trade Preference Act: STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT bill. OF CALIFORNIA. Max Baucus, Zell Miller, Harry Reid, JOAN E. LANCASTER, OF MINNESOTA, TO BE UNITED Tom Carper, Joseph Lieberman, Bob f STATES DISTRICT JUDGE FOR THE DISTRICT OF MIN- NESOTA. Graham, John Breaux, Blanche L. Lin- ADJOURNMENT UNTIL 10 A.M. WILLIAM C. GRIESBACH, OF WISCONSIN, TO BE UNITED coln, Ron Wyden, Dianne Feinstein, TOMORROW STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT Ben Nelson, Trent Lott, Charles Grass- OF WISCONSIN. Mr. REID. Mr. President, if there is JOHN F. WALTER, OF CALIFORNIA, TO BE UNITED ley, Orrin G. Hatch, Jon Kyl, Rick STATES DISTRICT JUDGE FOR THE CENTRAL DISTRICT Santorum, Pat Roberts. no further business to come before the OF CALIFORNIA.

VerDate 11-MAY-2000 05:46 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00121 Fmt 4624 Sfmt 9801 E:\CR\FM\A25AP6.170 pfrm12 PsN: S25PT1 Thursday, April 25, 2002 Daily Digest

HIGHLIGHTS Senate passed H.R. 4, Energy Policy Reform. The House passed H.R. 3231, Barbara Jordan Immigration Reform and Accountability Act. Senate S. Res. 245, designating the week of May 5 Chamber Action through May 11, 2002, as ‘‘National Occupational Routine Proceedings, pages S3337–S3457 Safety and Health Week’’. Measures Introduced: Eighty-six bills and three S. Res. 249, designating April 30, 2002, as ‘‘Dia resolutions were introduced, as follows: S. de los Ninos: Celebrating Young Americans’’. 2250–2335, and S. Res. 252–254. Pages S3433–35 S. 410, to amend the Violence Against Women Act of 2000 by expanding legal assistance for vic- Measures Reported: tims of violence grant program to include assistance S. 864, to amend the Immigration and Nation- for victims of dating violence. ality Act to provide that aliens who commit acts of S. 1721, to designate the building located at 1 torture, extrajudicial killings, or other specified Federal Plaza in New York, New York, as the atrocities abroad are inadmissible and removable and ‘‘James L. Watson United States Court of Inter- to establish within the Criminal Division of the De- national Trade Building’’, with amendments. partment of Justice an Office of Special Investiga- S. 1974, to make needed reforms in the Federal tions having responsibilities under that Act with re- Bureau of Investigation, with an amendment in the spect to all alien participants in war crimes, geno- nature of a substitute. cide, and the commission of acts of torture and S. Con. Res. 102, proclaiming the week of May extrajudicial killings abroad, with an amendment in 4 through May 11, 2002, as ‘‘National Safe Kids the nature of a substitute. (S. Rept. No. 107–144) Week’’. Page S3433 H.R. 495, to designate the Federal building lo- Measures Passed: cated in Charlotte Amalie, St. Thomas, United States Energy Policy Act: By 88 yeas to 11 nays (Vote Virgin Islands, as the ‘‘Ron de Lugo Federal Build- No. 94), Senate passed H.R. 4, to enhance energy ing’’. conservation, research and development and to pro- H.R. 819, to designate the Federal building lo- vide for security and diversity in the energy supply cated at 143 West, Liberty Street, Medina, Ohio, as for the American people, after striking all after the the ‘‘Donald J. Pease Federal Building’’. enacting clause and inserting in lieu thereof the text H.R. 3093, to designate the Federal building and of S. 517, Senate companion measure, as amended, United States courthouse located at 501 Bell Street and after taking action on the following amendments in Alton, Illinois, as the ‘‘William L. Beatty Federal proposed thereto: Pages S3342–S3418 Building and United States Courthouse’’. Adopted: H.R. 3282, to designate the Federal building and Bingaman (for Fitzgerald) Amendment No. 3258 United States courthouse located at 400 North Main (to Amendment No. 2917), to strike the provision Street in Butte, Montana, as the ‘‘Mike Mansfield authorizing loan guarantees for an Alaska natural gas Federal Building and United States Courthouse’’. transportation project. Page S3360 S. Res. 109, designating the second Sunday in the Subsequently, the adoption was vitiated. month of December as ‘‘National Children’s Memo- Page S3397 rial Day’’ and the last Friday in the month of April Feinstein Modified Amendment No. 3170 (to as ‘‘Children’s Memorial Flag Day’’, with an amend- Amendment No. 2917), to reduce the period of time ment. in which the Administrator may act on a petition by D390 April 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D391 1 or more States to waive the renewable fuel content tured home which meets the energy star standard as requirement. Page S3360 a 30 percent home. Page S3364 Bingaman (for Baucus) Amendment No. 3082 (to Durbin Amendment No. 3342 (to Amendment Amendment No. 2917), to provide that certain gaso- No. 2917), to strike the nonbusiness use limitation line and diesel fuel be treated as entered into the with respect to the credit for the installation of cer- customs territory of the United States. tain small wind energy systems. Page S3365 Pages S3354, S3359–60 Murray/Cantwell Amendment No. 3326, to mod- Bingaman (for Breaux) Amendment No. 3130 (to ify the specifications for a fuel cell power plant eligi- Amendment No. 2917), to amend the Internal Rev- ble for the extension of the energy tax credit. enue Code of 1986 to allow a credit against income Pages S3381–82 tax for taxpayers owning certain commercial power By 52 yeas to 47 nays (Vote No. 89), Harkin takeoff vehicles. Pages S3360–61 Amendment No. 3195 (to Amendment No. 2917), Bingaman (for Harkin) Amendment No. 3331 (to to direct the Secretary of Energy to revise the sea- Amendment No. 2917), to further encourage devel- sonal energy efficiency ratio standard for central air opment of hydrogen refueling infrastructure. conditioners and central air conditioning heat pumps Page S3361 within 60 days. Pages S3342, S3365–71, S3390 Bingaman (for Gramm) Amendment No. 3336 (to Reid (for Brownback) Modified Amendment No. Amendment No. 2917), to amend the Internal Rev- 3239 (to Amendment No. 2917), to establish a enue Code of 1986 to provide for nonrecognition of greenhouse gas inventory, reductions registry, and gain on dispositions of dairy property which is cer- information system. Pages S3354–57, S3394 tified by the Secretary of Agriculture as having been Bingaman (for Lincoln) Amendment No. 3343 (to the subject of an agreement under the bovine tuber- Amendment No. 2917), to modify the credit for the culosis eradication program. Page S3365 production of fuel from nonconventional sources to Reid Amendment No. 3338 (to Amendment No. include production of fuel from agricultural and ani- 2917), to amend the Internal Revenue Code of 1986 mal waste. Page S3396 to modify energy credit for combined heat and Bingaman (for Lincoln) Amendment No. 3344 (to power system property. Page S3361 Amendment No. 2917), to amend the Internal Rev- Bingaman (for Baucus) Amendment No. 3349 (to enue Code of 1986 to clarify excise tax exemptions Amendment No. 2917), to modify the credit for the for agricultural aerial applicators. Page S3396 production of fuel from nonconventional sources re- Murkowski Amendment No. 3362 (to Amend- garding refined coal. Page S3361 ment No. 2917), to amend the Internal Revenue Bingaman (for Baucus) Amendment No. 3350 (to Code to modify the definition of Rural Airport. Amendment No. 2917), to modify the credit for the Page S3396 production of electricity to include small irrigation Murkowski Amendment No. 3363 (to Amend- power. Page S3362 ment No. 2917), to amend the Internal Revenue Bingaman (for Baucus) Amendment No. 3351 (to Code to exempt small seaplanes from ticket taxes. Amendment No. 2917), to modify the credit for res- Page S3396 idential energy efficient property by substituting Reid (for Kohl) Modified Amendment No. 3346 natural gas furnaces for natural gas heat pumps. (to Amendment No. 2917), to modify the credit for Page S3362 the production of electricity to include municipal Bingaman (for Baucus/Grassley) Amendment No. biosolids and recycled sludge. Pages S3388, S3396–97 3352 (to Amendment No. 2917), to modify the in- Reid (for Sessions) Modified Amendment No. centives for biodiesel. Page S3362 3335 (to Amendment No. 2917), to amend the In- Bingaman (for Baucus) Amendment No. 3353 (to ternal Revenue Code of 1986 to extend the credit for Amendment No. 2917), to amend the Internal Rev- the production of fuel from non-conventional sources enue Code of 1986 to provide for the treatment of with respect to certain existing facilities. sales or dispositions to implement Federal Energy Pages S3354, S3360, S3397 Regulatory Commission or State electric restruc- Reid (for Thomas) Amendment No. 3364 (to turing policy. Pages S3363–64 Amendment No. 2917), to amend the Internal Rev- Bingaman (for Hollings) Amendment No. 3356 enue Code of 1986 to exempt receipts of tax-exempt (to Amendment No. 2917), to apply temporary reg- rural electric cooperatives for the construction of line ulations to certain output contracts. Page S3364 extensions to encourage development of section 29 Reid (for Bingaman) Amendment No. 3359 (to qualified fuel sources. Page S3390 Amendment No. 2917), to modify the credit for Bingaman (for Torricelli) Amendment No. 3360 new energy efficient homes by treating a manufac- (to Amendment No. 2917), to provide incentives for D392 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2002 water conservation through the installation of water alternative vehicles and fuels incentives. (By 91 yeas submeters. Page S3397 to 8 nays (Vote No. 91), Senate tabled the amend- Reid (for Conrad/Smith (NH)) Modified Amend- ment.) Pages S3354, S3382–86, S3391–92 ment No. 3355 (to Amendment No. 2917), to Reid (for Graham) Amendment No. 3370 (to amend the Internal Revenue Code of 1986 to extend Amendment No. 2917), to strike section 2308 of the energy credit to stationary microturbine power Division H (relating to energy tax incentives). (By plants. Pages S3354, S3359–60, S3395 73 yeas to 26 nays (Vote No. 92), Senate tabled the Bingaman Amendment No. 3380 (to Amendment amendment.) Pages S3354, S3388–90, S3392–93 No. 2917), to authorize rural and remote community Reid (for Graham) Amendment No. 3372 (to electrification grants. Page S3397 Amendment No. 2917), to limit the effective dates Bingaman (for Johnson) Modified Amendment of the provisions of Division H (relating to energy No. 3196 (to Amendment No. 2917), to provide for tax incentives). (By 70 yeas to 29 nays (Vote No. the investment in, the enhancement of, and the effi- 93), Senate tabled the amendment.) ciency of electric power transmission systems. Pages S3354, S3388, S3393 Page S3397 Withdrawn: Bingaman (for Wellstone) Modified Amendment Murkowski/Breaux/Stevens Amendment No. 3132 No. 3209 (to Amendment No. 2917), to carry out (to Amendment No. 2917), to create jobs for Ameri- pilot programs that aid accurate carbon storage and cans, to reduce dependence on foreign sources of sequestration accounting. Pages S3397–98 crude oil and energy, to strengthen the economic self Bingaman (for Wyden) Amendment No. 3230 (to determination of the Inupiat Eskimos and to pro- Amendment No. 2917), to provide additional bor- mote national security. Page S3351 rowing authority for the construction, acquisition, Reid (for Hagel) Further Modified Amendment and replacement of the transmission system of the No. 3146 (to Amendment No. 2917), to establish a Bonneville Power Administration and to carry out national registry for accurate and reliable reports of other duties of the Administrator of the Bonneville greenhouse gas emissions, and to further encourage Power Administration. Pages S3398–99 voluntary reductions in such emissions. Reid (for Levin) Amendment No. 3366 (to Pages S3354, S3157–59, S3395 Amendment No. 2917), to modify the incentives for During consideration of this measure, Senate also alternative fuel motor vehicles and refueling prop- took the following actions: erties. Page S3399 Reid (for Boxer) Amendment No. 3311 (to Daschle/Bingaman Further Modified Amendment Amendment No. 3139), to provide for equal liability No. 2917, in the nature of a substitute. treatment of vehicle fuels and fuel additives, fell Pages S3342–S3418 when Amendment No. 3139 (listed above), was ta- Rejected: bled. Pages S3342–51 Reid (for Boxer) Amendment No. 3139 (to Senate vitiated the March 21, 2002 adoption of Amendment No. 2917), to provide for equal liability Bingaman Amendment No. 3059 (to Amendment treatment of vehicle fuels and fuel additives. (By 57 No. 2917), to authorize rural and remote community yeas to 42 nays (Vote No. 87), Senate tabled the electrification grants. Page S3397 amendment.) Page S3364 Senate insisted on its amendment, requested a Feinstein Amendment No. 3225 (to Amendment conference with the House thereon, and the Chair No. 2917), to modify the provision relating to the was authorized to appoint conferees on the part of renewable content of motor vehicle fuel to eliminate the Senate. Page S3418 the required volume of renewable fuel for calendar Subsequently, S. 517 was returned to the Senate year 2004. (By 60 yeas to 39 nays (Vote No. 88), Calendar. Page S3417 Senate tabled the amendment.) Pages S3351–54, S3364 Dia de los Ninos: Celebrating Young Ameri- Reid (for Kyl) Amendment No. 3332 (to Amend- cans: Senate agreed to S. Res. 249, designating April ment No. 2917), to strike the extension of the credit 30, 2002, as ‘‘Dia de los Ninos: Celebrating Young for producing electricity from wind. Americans’’. Pages S3455–56 Pages S3354, S3386–88 Carper Amendment No. 3198 (to Amendment National Charter Schools Week: Senate agreed to No. 2917), to decrease the United States dependence S. Res. 254, designating April 29, 2002, through on imported oil by the year 2015. (By 57 yeas to May 3, 2002, as ‘‘National Charter Schools Week’’. 42 nays (Vote No. 90), Senate tabled the amend- Pages S3449–50, S3456–57 ment.) Pages S3371–81, S3390–91 Andean Trade Preference Expansion Act: Senate Reid (for Kyl) Amendment No. 3333 (to Amend- began consideration of the motion to proceed to con- ment No. 2917), to strike the provisions relating to sideration of H.R. 3009, to extend the Andean April 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D393 Trade Preference Act, to grant additional trade bene- Record Votes: Twelve record votes were taken fits under that Act. Page S3457 today. (Total — 96) A motion was entered to close further debate on Pages S3338, S3364, S3390, S3391–94, S3417, S3419, S3420 the motion to proceed to consideration of the bill Adjournment: Senate met at 9:30 a.m., and ad- and, in accordance with the provisions of Rule XXII journed at 7:37 p.m., until 10 a.m., on Friday, April of the Standing Rules of the Senate, a cloture vote 26, 2002. (For Senate’s program, see the remarks of will occur at 6 p.m., on Monday, April 29, 2002. the Acting Majority Leader in today’s Record on Page S3457 page S3457). A unanimous-consent agreement was reached pro- viding for further consideration of the motion to proceed to consideration of the bill at 10 a.m., on Committee Meetings Friday, April 26, 2002. Page S3457 (Committees not listed did not meet) Nominations Confirmed: Senate confirmed the fol- lowing nominations: APPROPRIATIONS — FOREST SERVICE By unanimous vote of 99 yeas (Vote No. Ex. 85), Committee on Appropriations: Subcommittee on Interior Percy Anderson, of California, to be United States concluded hearings on proposed budget estimates for District Judge for the Central District of California. fiscal year 2003 for the Forest Service, after receiving Pages S3338, S3457 testimony from Dale N. Bosworth, Chief, Forest By unanimous vote of 99 yeas (Vote No. Ex. 86), Service, Department of Agriculture. John F. Walter, of California, to be United States District Judge for the Central District of California. COOPERATIVE THREAT REDUCTION Pages S3338, S3457 PROGRAM BRIEFING By unanimous vote of 99 yeas (Vote No. Ex. 95), Committee on Armed Services: Committee met in closed Joan E. Lancaster, of Minnesota, to be United States session to receive a briefing on the Administration’s District Judge for the District of Minnesota. request for a waiver in the certifications required for Pages S3418–19, S3457 the Cooperative Threat Reduction Program and on a By unanimous vote of 97 yeas (Vote No. Ex. 96), recent report from the Joint Atomic Energy Intel- William C. Griesbach, of Wisconsin, to be United ligence Committee from representatives of the De- States District Judge for the Eastern District of Wis- partment of Defense, Department of Energy, Depart- consin. Pages S3419–20, S3457 ment of State, and the Central Intelligence Agency. Nominations Received: Senate received the fol- TRANSPORTATION EQUITY ACT lowing nominations: Richard M. Russell, of Virginia, to be an Asso- Committee on Banking, Housing, and Urban Affairs: ciate Director of the Office of Science and Tech- Subcommittee on Housing and Transportation con- nology Policy. cluded hearings on proposed legislation authorizing James Franklin Jeffrey, of Virginia, to be Ambas- funds for the Transportation Equity Act for the 21st sador to the Republic of Albania. Century (TEA–21), after receiving testimony from Mark Sullivan, of Maryland, to be United States Jennifer L. Dorn, Administrator, Federal Transit Ad- Director of the European Bank for Reconstruction ministration, Department of Transportation; Faye L. and Development. Page S3457 Moore, Southeastern Pennsylvania Transportation Authority, Philadelphia; Beverly A. Scott, Rhode Is- Messages From the House: Page S3432 land Public Transit Authority, Providence; and Larry Measures Referred: Page S3432 Worth, Northeast Colorado Association of Local Executive Communications: Page S3432 Governments, Ft. Morgan. Petitions and Memorials: Pages S3432–33 ONLINE PERSONAL PRIVACY ACT Executive Reports of Committees: Page S3433 Committee on Commerce, Science, and Transportation: Additional Cosponsors: Pages S3435–36 Committee concluded hearings on S. 2201, to pro- tect the online privacy of individuals who use the Statements on Introduced Bills/Resolutions: Internet, after receiving testimony from Barbara Pages S3436–49 Lawler, Hewlett Packard Company, Marc Rotenberg, Additional Statements: Pages S3427–32 Electronic Privacy Information Center, Paul Misener, Amendments Submitted: Pages S3450–52 Amazon.com, Frank Torres, Consumers Union, and John C. Dugan, Covington and Burling, on behalf of Authority for Committees to Meet: Pages S3452–53 the Financial Services Coordinating Council, all of Privilege of the Floor: Pages S3453–54 Washington, D.C. D394 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2002 NOMINATION WELFARE REFORM Committee on Commerce, Science, and Transportation: Committee on Finance: Subcommittee on Social Secu- Committee concluded hearings on the nomination of rity and Family Policy concluded hearings on pro- Harold D. Stratton, of New Mexico, to be Commis- posed legislation authorizing funds for the Tem- sioner and Chairman of the Consumer Product Safety porary Assistance for Needy Families (TANF) Pro- Commission, after the nominee, who was introduced gram, created by the Welfare Reform Law of 1996, by Senator Domenici, testified and answered ques- focusing on helping hard-to-employ families success- tions in his own behalf. fully transition from welfare to work, after receiving testimony from Natasha K. Metcalf, Tennessee De- BUSINESS MEETING partment of Human Services, Nashville; Stephanie Committee on Environment and Public Works: Com- Smith, Goodwill Industries of Southern Arizona, mittee order favorably reported the following bills: Tucson; David Butler, Manpower Demonstration Re- S. 975, to improve environmental policy by pro- search Corporation, New York, New York; and viding assistance for State and tribal land use plan- Michelle Laureano, Patterson, New Jersey. ning, to promote improved quality of life, region- INDIVIDUALS WITH DISABILITIES alism, and sustainable economic development, with EDUCATION an amendment in the nature of a substitute; Committee on Health, Education, Labor, and Pensions: S. 1079, to amend the Public Works and Eco- Committee concluded hearings to examine the im- nomic Development Act of 1965 to provide assist- plementation of the Individuals With Disabilities ance to communities for the redevelopment of Education Act (IDEA), focusing on behavioral sup- brownfield sites, with an amendment in the nature port in schools to ensure safe schools for students of a substitute; and teachers while protecting the rights of students S. 1646, to identify certain routes in the States of with disabilities, after receiving testimony from Ron- Texas, Oklahoma, Colorado, and New Mexico as part nie M. Jackson, Dale County School District, Ozark, of the Ports-to-Plains Corridor, a high priority cor- Alabama; Kathleen B. Boundy, Center for Law and ridor on the National Highway System; Education, Boston, Massachusetts; George Sugai, S. 2024, to amend title 23, United States Code, University of Oregon Center on Positive Behavioral to authorize use of electric personal assistive mobility Interventions and Supports, Eugene; Marsha device on trails and pedestrian walkways constructed Weissman, Center for Community Alternatives, Syr- or maintained with Federal-aid highway funds; acuse, New York; and Sarah A. Flanagan, Falls S. 2064, to reauthorize the United States Institute Church, Virginia. for Environmental Conflict Resolution; H.R. 3480, to promote Department of the Inte- WOMEN’S HEALTH rior efforts to provide a scientific basis for the man- Committee on Health, Education, Labor, and Pensions: agement of sediment and nutrient loss in the Upper Subcommittee on Public Health concluded hearings Mississippi River Basin; to examine women’s health issues, including the role S. 1721, to designate the building located at 1 of the Department of Health and Human Services in Federal Plaza in New York, New York, as the improving the health of women and making preven- ‘‘James L. Watson United States Court of Inter- tion a centerpiece, after receiving testimony from national Trade Building’’, with an amendment; Eve E. Slater, Assistant Secretary for Health, and H.R. 495, to designate the Federal building lo- James S. Marks, Director, National Center for cated in Charlotte Amalie, St. Thomas, United States Chronic Disease Prevention and Health Promotion, Virgin Islands, as the ‘‘Ron de Lugo Federal Build- Centers for Disease Control and Prevention, both of ing’’; the Department of Health and Human Services; H.R. 819, to designate the Federal building lo- Carolyn M. Mazure, Yale University School of Medi- cated at 143 West Liberty Street, Medina, Ohio, as cine, New Haven, Connecticut, on behalf of the the ‘‘Donald J. Pease Federal Building’’; Women’s Health Research Coalition; Marlene B. H.R. 3093, to designate the Federal building and Jezierski, Allina Hospitals and Clinics, Minneapolis, United States courthouse located at 501 Bell Street Minnesota; Thomas Gellhaus, Obstetrics and Gyne- in Alton, Illinois, as the ‘‘William L. Beatty Federal cology Specialists, Davenport, Iowa, on behalf of the Building and United States Courthouse’’; and American College of Obstetricians and Gyne- H.R. 3282, to designate the Federal building and cologists; and Alice Ammerman, University of North United States courthouse located at 400 North Main Carolina Schools of Public Health and Medicine, Street in Butte, Montana, as the ‘‘Mike Mansfield Chapel Hill, on behalf of the WISEWOMAN Pro- Federal Building and United States Courthouse’’. gram. April 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D395 BUSINESS MEETING NOMINATIONS Committee on the Judiciary: Committee ordered favor- Committee on the Judiciary: Committee concluded ably reported the following business items: hearings on the nominations of Julia Smith Gibbons, S. 2010, to provide for criminal prosecution of of Tennessee, to be United States Circuit Judge for persons who alter or destroy evidence in certain Fed- the Sixth Circuit, Leonard E. Davis, to be United eral investigations or defraud investors of publicly States District Judge for the Eastern District of traded securities, to disallow debts incurred in viola- Texas, David C. Godbey, to be United States Dis- tion of securities fraud laws from being discharged trict Judge for the Northern District of Texas, An- in bankruptcy, to protect whistleblowers against re- drew S. Hanen, to be United States District Judge taliation by their employers, with an amendment in for the Southern District of Texas, Samuel H. Mays, the nature of a substitute; Jr., to be United States District Judge for the West- S. 1974, to make needed reforms in the Federal ern District of Tennessee, Thomas M. Rose, to be Bureau of Investigation, with an amendment in the United States District Judge for the Southern Dis- nature of a substitute; trict of Ohio, after the nominees testified and an- swered questions in their own behalf. Ms. Gibbons S. 410, to amend the Violence Against Women and Mr. Mays were introduced by Senators Frist and Act of 2000 by expanding the legal assistance for Thompson, Mr. Davis was introduced by Senators victims of violence grant program to include legal Hutchison, and Gramm, and Representatives Ford assistance for victims of dating violence; Jr., Sandlin, and Hall, Mr. Godbey and Mr. Hanen S. Res. 245, designating the week of May 5 were introduced by Senators Hutchison and Gramm, through May 11, 2002, as ‘‘National Occupational and Representatives Ford, Jr., and Sandlin, and Mr. Safety and Health Week’’; Rose was introduced by Senator DeWine, and Rep- S. Res. 109, designating the second Sunday in the resentative Hobson. month of December as ‘‘National Children’s Memo- rial Day’’ and the last Friday in the month of April VA NURSING HOME CARE OPTIONS as ‘‘Children’s Memorial Flag Day’’, with an amend- Committee on Veterans’ Affairs: Committee concluded ment; hearings to examine the Veterans’ Association’s ex- S. Res. 249, designating April 30, 2002, as ‘‘Dia pansion of noninstitutional long-term care services in de los Ninos: Celebrating Young Americans’’; response to the Veterans Millennium Health Care S. Con. Res. 102, proclaiming the week of May and Benefits Act, as well as the types of noninstitu- 4 through May 11, 2002, as ‘‘National Safe Kids tional long-term services being offered, after receiv- Week’’; and ing testimony from Cynthia A. Bascetta, Director, The nominations of Gorden Edward Eden, Jr., to Health Care-Veterans’ Health and Benefits Issues, be United States Marshal for the District of New General Accounting Office; Robert H. Roswell, Mexico, David Phillip Gonzales, to be United States Under Secretary of Veterans Affairs for Health; Glad- Marshal for the District of Arizona, Ronald Hender- ys M. Dickerson, VA North Texas Health Care Sys- son, to be United States Marshal for the Eastern Dis- tems, Dallas; Jennifer Moye, Harvard Medical School trict of Missouri, John Lee Moore, to be United Department of Psychiatry, Boston, on behalf of the VA Medical Center Geriatric Mental Health Clinic/ States Marshal for the Eastern District of Texas, John Unified Psychogeriatric Biopsychosocial Evaluation Edward Quinn, to be United States Marshal for the and Treatment (UPBEAT) program; Paula Northern District of Iowa, Charles M. Sheer, to be Hemmings, New York Veterans Integrated Services United States Marshal for the Western District of Network, Albany, on behalf of the Alzheimer’s Asso- Missouri, and Edward Zahren, to be United States ciation; and Thomas G. McClure, Central Arkansas Marshal for the District of Colorado, all of the De- Veterans Healthcare System, Little Rock. partment of Justice. Also, committee approved a committee resolution BUSINESS MEETING to authorize the issuance of a subpoena with respect Select Committee on Intelligence: Committee ordered fa- to the forthcoming hearings of the Subcommittee on vorably reported the nomination of John Leonard Antitrust, Competition, and Business and Consumer Helgerson, of Virginia, to be Inspector General, Cen- Rights on the subject of hospital group purchasing. tral Intelligence Agency. D396 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2002 House of Representatives Jackson-Lee amendment No. 3 printed in H. Chamber Action Rept. 107–419 that requires a GAO report on the Measures Introduced: 27 public bills, H.R. fee structure of the Bureau of Citizenship and Immi- 4589–4615; 1 private bill, H.R. 4616; and 8 resolu- gration Services and its sufficiency to carry out its tions, H.J. Res. 90, H. Con. Res. 386–388, and H. functions in the absence of appropriated funds; Res. 397–400 were introduced. Pages H1672–74 Pages H1653–54 Reports Filed: Reports were filed as follows: Roybal-Allard amendment No. 4 printed in H. H.R. 3994, to authorize economic and democratic Rept. 107–419 that requires the Office of Immigra- development assistance for Afghanistan and to au- tions Statistics to maintain region-by-region statis- thorize military assistance for Afghanistan and cer- tics on denials of applications and petitions and the tain other foreign countries, amended (H. Rept. reasons for such denials; and Pages H1654–55 Velazquez amendment No. 5 printed in H. Rept. 107–420). Page H1672 107–419 that authorizes the Director of the Bureau Speaker Pro Tempore: Read a letter from the of Citizenship and Immigration Services to conduct Speaker wherein he appointed Representative innovative pilot initiatives to eliminate any remain- LaTourette to act as Speaker pro tempore for today. ing backlog in the processing of immigration benefit Page H1621 applications and to prevent any backlog from recur- Guest Chaplain: The prayer was offered by the ring. Pages H1655–56 guest Chaplain, Dr. Paul Dixon, President, Rejected: Cedarville University of Cedarville, Ohio. Page H1621 Issa amendment No. 6 printed in H. Rept. 107–419 that sought to place the civil service posi- Journal: Agreed to the Speaker’s approval of the tions in the Office of the Associate Attorney General Journal of Wednesday, April 24, by a recorded vote for Immigration Affairs, Bureau of Citizenship and of 372 ayes to 47 noes with 1 voting ‘‘present’’, Roll Immigration Services, and the Bureau of Immigra- No. 113. Page H1632 tion Enforcement in the excepted service as defined Barbara Jordan Immigration Reform and Ac- by section 2103 of title 5, United States Code and countability Act: The House passed H.R. 3231, to eliminate restrictions on certain disciplinary and replace the Immigration and Naturalization Service other adverse actions taken against employees (re- with the Agency for Immigration Affairs by a re- jected by a recorded vote of 145 ayes to 272 noes, corded vote of 405 ayes to 9 noes, Roll No. 116. Roll No. 114); and Pages H1656–65 Pages H1632–66 Lofgren amendment No. 7 printed in H. Rept. The title was amended so as to read: ‘‘A bill to 107–419 that sought to authorize expedited proce- replace the Immigration and Naturalization Service dures for procurement of information technology (re- with the Office of the Associate Attorney General for jected by a recorded vote of 105 ayes to 312 noes, Immigration Affairs, the Bureau of Citizenship and Roll No. 115). Pages H1661–66 Immigration Service, and the Bureau of Immigration H. Res. 396, the rule that provided for consider- Enforcement, and for other purposes.’’ Page H1666 ation of the bill was agreed to by a recorded vote Agreed to the Committee on the Judiciary amend- of 388 ayes to 34 noes, Roll No. 112. Agreed to ment in the nature of a substitute now printed in order the previous question by a yea-and-nay vote of the bill, H. Rept. 107–413, and made in order by 384 yeas to 36 nays, Roll No. 111. Pages H1625–32 the rule. Page H1666 Legislative Program: Representative Portman an- Agreed To: nounced the Legislative Program for the week of Sensenbrenner amendment No. 1 printed in H. April 29. Page H1667 Rept. 107–419 that authorizes additional personnel Consideration of Suspension on May 1: Agreed flexibility including a managerial rotation program, that it be in order at any time on Wednesday, May employee voluntary separation incentive payments or 1 for the Speaker to entertain a motion that the buy-outs, and a demonstration project relating to House suspend the rules relating to H.R. 2604, re- employee disciplinary actions; Pages H1650–51 plenishment of Asian Development Fund and Inter- Baldwin amendment No. 2 printed in H. Rept. national Fund for Agricultural Development re- 107–419 that requires a study by the Office of Chil- sources and additional policies towards the African dren’s Affairs on independent legal counsel for unac- Development Bank, the African Development Fund, companied alien children; Pages H1651–53 the Asian Development Bank, the Inter-American April 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D397 Development Bank, and the European Bank for Re- cation: Susan B. Neuman, Assistant Secretary, Ele- construction and Development. Page H1667 mentary and Secondary Education; Robert H. Meeting Hour — Monday, April 29: Agreed that Pasternack, Assistant Secretary, Special Education when the House adjourns today, it adjourn to meet and Rehabilitative Services; Carol D’Amico, Assist- at 2 p.m. on Monday, April 29. Page H1667 ant Secretary, Vocational and Adult Education; Sally Stroup, Assistant Secretary, Postsecondary Education; Meeting Hour — Tuesday, April 30: Agreed that Grover J. Whitehurst, Assistant Secretary, Edu- when the House adjourns on Monday, April 29, it cational Research and Improvement; and Thomas P. adjourn to meet at 12:30 p.m. on Tuesday, April 30 Skelly, Director, Budget Service. for morning hour debate. Page H1667 LEGISLATIVE APPROPRIATIONS Calendar Wednesday: Agreed to dispense with the Calendar Wednesday business of Wednesday, May 1. Committee on Appropriations: Subcommittee on Legisla- Page H1667 tive held a hearing on Architect of the Capitol, and on CBO. Testimony was heard from Alan M. Senate Messages: Messages received from the Senate Hantman, Architect of the Capitol; and Dan L. today appear on page H1621. Crippen, Director, CBO. Referral: S. 2248 was held at the desk. Page H1621 NATIONAL DEFENSE AUTHORIZATION Quorum Calls — Votes: One yea-and-nay vote and ACT five recorded votes developed during the proceedings Committee on Armed Services: Subcommittee on Mili- of the House today and appear on pages H1630–31, tary Installations and Facilities approved for full H1631–32, H1632, H1664–65, H1665–66, and Committee action H.R. 4546, National Defense Au- H1666. There were no quorum calls. thorization Act for Fiscal Year 2003. Adjournment: The House met at 10 a.m. and ad- NATIONAL DEFENSE AUTHORIZATION journed at 3:50 p.m. ACT Committee on Armed Services: Subcommittee on Mili- Committee Meetings tary Personnel approved for full Committee action DEFENSE APPROPRIATIONS H.R. 4546, National Defense Authorization Act for Committee on Appropriations: Subcommittee on Defense Fiscal Year 2003. met in executive session to hold a hearing on Na- NATIONAL DEFENSE AUTHORIZATION tional Foreign Intelligence Program. Testimony was ACT heard from Jane Dempsey, Deputy Director, CIA; Committee on Armed Services: Subcommittee on Mili- and George Tenet, former Director, CIA. tary Readiness approved for full Committee action, DISTRICT OF COLUMBIA APPROPRIATIONS as amended, H.R. 4546, National Defense Author- Committee on Appropriations: Subcommittee on District ization Act for Fiscal Year 2003. of Columbia held a hearing on D.C. Public Schools RESTORING BUDGET DISCIPLINE and D.C. Charter Schools. Testimony was heard from Committee on the Budget: Held a hearing on the Pre- the following officials of the District of Columbia: dictability and Control Twin Reasons for Restoring Peggy Cooper Cafritz, President, Board of Education; Budget Disciplines. Testimony was heard from Susan Paul Vance, Superintendent, Public Schools; Jose- J. Irving, Director, Federal Budget Analysis, GAO; phine Baker, Chair, Public Charter School Board; Barry B. Anderson, Deputy Director, CBO; former and Laurent Ross, Director, Tuition Assistance Grant Representative William Frenzel of Minnesota; and Program; Col. Charles J. Fiala, Jr., USA, Com- public witnesses. mander and District Engineer, Baltimore District, U.S. Army Corps of Engineers; David E. Cooper, Di- CITIZEN SERVICE IN THE 21ST CENTURY rector, Acquisition and Sourcing Management Team, Committee on Education and the Workforce: Sub- GAO; and public witnesses. committee on Select Education held a hearing on LABOR, HHS AND EDUCATION Citizen Service in the 21st Century. Testimony was APPROPRIATIONS heard from Representatives Shays, Ford and Osborne; and public witnesses. Committee on Appropriations: Subcommittee on Labor, Health and Human Services, and Education held a REDUCE ERGONOMIC INJURIES — OSHA’s hearing on Department of Education Panel: Transi- PLAN tion into the Workforce. Testimony was heard from Committee on Education and the Workforce: Sub- the following officials of the Department of Edu- committee on Workforce Protections held a hearing D398 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2002 on A Review of OSHA’s Plan to Reduce Ergonomic OVERSIGHT — NATIONAL PARK SERVICE Injuries. Testimony was heard from John Henshaw, MANAGEMENT POLICIES Assistant Secretary, Occupational Safety and Health, Committee on Resources: Subcommittee on National Department of Labor. Parks, Recreation and Public Lands held an oversight YUCCA MOUNTAIN REPOSITORY — hearing on the 2001 National Park Service Manage- RADIOACTIVE WASTE ment Policies. Testimony was heard from Fran Committee on Energy and Commerce: Ordered reported Mainella, Director, National Park Service, Depart- H.J. Res. 87, approving the site at Yucca Mountain, ment of the Interior. Nevada, for the development of a repository for the YUCCA MOUNTAIN STORAGE FACILITY — disposal of high-level radioactive waste and spent TRANSPORTATION OF SPENT RODS nuclear fuel, pursuant to the Nuclear Policy Act of Committee on Transportation and Infrastructure: Sub- 1982. committee on Highways and Transit and the Sub- DIGITAL AGE — ENSURING CONTENT committee on Railroads held a joint hearing on PROTECTION Transportation of Spent Rods to the Proposed Yucca Committee on Energy and Commerce: Subcommittee on Mountain Storage Facility. Testimony was heard Telecommunications and the Internet held a hearing from Senator Ensign; Representatives Gibbons and entitled ‘‘Ensuring Content Protection in the Digital Kucinich; the following officials of the Department Age.’’ Testimony was heard from public witnesses. of Transportation: Ellen G. Engleman, Adminis- trator, Research and Special Programs Administra- FINANCIAL SERVICES REGULATORY tion; and Allan Rutter, Administrator, Federal Rail- RELIEF ACT road Administration; Lake Barrett, Deputy Director, Committee on Financial Services: Subcommittee on Fi- Office of Civilian Radioactive Waste Management, nancial Institutions and Consumer Credit continued Department of Energy; Carl J. Paperiello, Deputy hearings on H.R. 3951, Financial Services Regu- Executive Director, Operations, NRC; the following latory Relief Act of 2002. Testimony was heard from officials of the State of Nevada: Kenny Guinn, Gov- public witnesses. ernor; Jon C. Porter, member, Senate; and Dario FEDERAL WORK FORCE SECURITY Herrera, Chairman, Clark County Commission; and public witnesses. Committee on Government Reform: Subcommittee on Technology and Procurement Policy held a hearing SOCIAL SECURITY PROGRAM PROTECTION on Ensuring the Safety of our Federal Workforce: ACT GSA’s Use of Technology to Secure Federal Build- Committee on Ways and Means: Subcommittee on So- ings. Testimony was heard from Keith A. Rhodes, cial Security approved for full Committee action, as Chief Technologist, GAO; the following officials of amended, H.R. 4070, Social Security Program Pro- the GSA: F. Joseph Moravec, Commissioner, Public tection Act of 2002. Buildings Service; and Wendell Shingler, Director, LATIN AMERICA ISSUES Federal Protective Service; John N. Jester, Chief, De- fense Protective Service, Department of Defense; and Permanent Select Committee on Intelligence: Sub- public witnesses. committee on Intelligence Policy and National Secu- rity and the Subcommittee on Human Intelligence, MISCELLANEOUS MEASURES Analysis and Counterintelligence met in executive Committee on International Relations: Ordered reported, session to hold a joint hearing on Latin America as amended, the following bills: H.R. 4073, to Issues. Testimony was heard from departmental wit- amend the Microenterprise for Self-Reliance Act of nesses. 2000 and the Foreign Assistance Act of 1961 to in- f crease assistance for the poorest people in developing countries under microenterprise assistance programs COMMITTEE MEETINGS FOR FRIDAY, under those Acts; and H.R. 3969, Freedom Pro- APRIL 26, 2002 motion Act of 2002. (Committee meetings are open unless otherwise indicated) OVERSIGHT — COMMUNITY-BASED LAND Senate MANAGEMENT AND CHARTER FORESTS Committee on Armed Services: to hold hearings on the Committee on Resources: Subcommittee on Forests and nomination of Adm. Thomas B. Fargo, USN, to be Ad- Forest Health held an oversight hearing on Commu- miral and Commander in Chief, United States Pacific nity-Based Land Management and Charter Forests. Command; and the nomination of Lt. Gen. Leon J. Testimony was heard from public witnesses. LaPorte, USA, to be General and Commander in Chief, April 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D399

United Nations Command/Combined Forces Command/ examine families and funeral practices issues, 10 a.m., Commander, United States Forces Korea, 9:30 a.m., SD–430. SR–222. Committee on Health, Education, Labor, and Pensions: Sub- House committee on Children and Families, to hold hearings to No committee meetings are scheduled. D400 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2002

Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, April 26 2 p.m., Monday, April 29

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: Pro forma session. of the motion to proceed to consideration of H.R. 3009, Andean Trade Preference Expansion Act.

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To place an order for any of these products, visit the U.S. Government Online Bookstore at: bookstore.gpo.gov. Mail orders to: Superintendent of Documents, P.O. Box 371954, Pittsburgh, PA 15250–7954, or phone orders to (866) 512–1800 (toll free), (202) 512–1800 (D.C. Area), or fax to (202) 512–2250. Remit check or money order, made payable to the Superintendent of Documents, or use VISA, MasterCard, Discover, American Express, or GPO Deposit Account. ¶ Following each session of Congress, the daily Congressional Record is revised, printed, permanently bound and sold by the Superintendent of Documents in individual parts or by sets. ¶ With the exception of copyrighted articles, there are no restrictions on the republication of material from the Congressional Record. April 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D391 1 or more States to waive the renewable fuel content tured home which meets the energy star standard as requirement. Page S3360 a 30 percent home. Page S3364 Bingaman (for Baucus) Amendment No. 3082 (to Durbin Amendment No. 3342 (to Amendment Amendment No. 2917), to provide that certain gaso- No. 2917), to strike the nonbusiness use limitation line and diesel fuel be treated as entered into the with respect to the credit for the installation of cer- customs territory of the United States. tain small wind energy systems. Page S3365 Pages S3354, S3359–60 Murray/Cantwell Amendment No. 3326, to mod- Bingaman (for Breaux) Amendment No. 3130 (to ify the specifications for a fuel cell power plant eligi- Amendment No. 2917), to amend the Internal Rev- ble for the extension of the energy tax credit. enue Code of 1986 to allow a credit against income Pages S3381–82 tax for taxpayers owning certain commercial power By 52 yeas to 47 nays (Vote No. 89), Harkin takeoff vehicles. Pages S3360–61 Amendment No. 3195 (to Amendment No. 2917), Bingaman (for Harkin) Amendment No. 3331 (to to direct the Secretary of Energy to revise the sea- Amendment No. 2917), to further encourage devel- sonal energy efficiency ratio standard for central air opment of hydrogen refueling infrastructure. conditioners and central air conditioning heat pumps Page S3361 within 60 days. Pages S3342, S3365–71, S3390 Bingaman (for Gramm) Amendment No. 3336 (to Reid (for Brownback) Modified Amendment No. Amendment No. 2917), to amend the Internal Rev- 3239 (to Amendment No. 2917), to establish a enue Code of 1986 to provide for nonrecognition of greenhouse gas inventory, reductions registry, and gain on dispositions of dairy property which is cer- information system. Pages S3354–57, S3394 tified by the Secretary of Agriculture as having been Bingaman (for Lincoln) Amendment No. 3343 (to the subject of an agreement under the bovine tuber- Amendment No. 2917), to modify the credit for the culosis eradication program. Page S3365 production of fuel from nonconventional sources to Reid Amendment No. 3338 (to Amendment No. include production of fuel from agricultural and ani- 2917), to amend the Internal Revenue Code of 1986 mal waste. Page S3396 to modify energy credit for combined heat and Bingaman (for Lincoln) Amendment No. 3344 (to power system property. Page S3361 Amendment No. 2917), to amend the Internal Rev- Bingaman (for Baucus) Amendment No. 3349 (to enue Code of 1986 to clarify excise tax exemptions Amendment No. 2917), to modify the credit for the for agricultural aerial applicators. Page S3396 production of fuel from nonconventional sources re- Murkowski Amendment No. 3362 (to Amend- garding refined coal. Page S3361 ment No. 2917), to amend the Internal Revenue Bingaman (for Baucus) Amendment No. 3350 (to Code to modify the definition of Rural Airport. Amendment No. 2917), to modify the credit for the Page S3396 production of electricity to include small irrigation Murkowski Amendment No. 3363 (to Amend- power. Page S3362 ment No. 2917), to amend the Internal Revenue Bingaman (for Baucus) Amendment No. 3351 (to Code to exempt small seaplanes from ticket taxes. Amendment No. 2917), to modify the credit for res- Page S3396 idential energy efficient property by substituting Reid (for Kohl) Modified Amendment No. 3346 natural gas furnaces for natural gas heat pumps. (to Amendment No. 2917), to modify the credit for Page S3362 the production of electricity to include municipal Bingaman (for Baucus/Grassley) Amendment No. biosolids and recycled sludge. Pages S3388, S3396–97 3352 (to Amendment No. 2917), to modify the in- Reid (for Sessions) Modified Amendment No. centives for biodiesel. Page S3362 3335 (to Amendment No. 2917), to amend the In- Bingaman (for Baucus) Amendment No. 3353 (to ternal Revenue Code of 1986 to extend the credit for Amendment No. 2917), to amend the Internal Rev- the production of fuel from non-conventional sources enue Code of 1986 to provide for the treatment of with respect to certain existing facilities. sales or dispositions to implement Federal Energy Pages S3354, S3360, S3397 Regulatory Commission or State electric restruc- Reid (for Thomas) Amendment No. 3364 (to turing policy. Pages S3363–64 Amendment No. 2917), to amend the Internal Rev- Bingaman (for Hollings) Amendment No. 3356 enue Code of 1986 to exempt receipts of tax-exempt (to Amendment No. 2917), to apply temporary reg- rural electric cooperatives for the construction of line ulations to certain output contracts. Page S3364 extensions to encourage development of section 29 Reid (for Bingaman) Amendment No. 3359 (to qualified fuel sources. Page S3390 Amendment No. 2917), to modify the credit for Bingaman (for Torricelli) Amendment No. 3360 new energy efficient homes by treating a manufac- (to Amendment No. 2917), to provide incentives for

VerDate Apr 18 2002 06:58 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP2.REC pfrm15 PsN: D25AP2 D392 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2002 water conservation through the installation of water alternative vehicles and fuels incentives. (By 91 yeas submeters. Page S3397 to 8 nays (Vote No. 91), Senate tabled the amend- Reid (for Conrad/Smith (NH)) Modified Amend- ment.) Pages S3354, S3382–86, S3391–92 ment No. 3355 (to Amendment No. 2917), to Reid (for Graham) Amendment No. 3370 (to amend the Internal Revenue Code of 1986 to extend Amendment No. 2917), to strike section 2308 of the energy credit to stationary microturbine power Division H (relating to energy tax incentives). (By plants. Pages S3354, S3359–60, S3395 73 yeas to 26 nays (Vote No. 92), Senate tabled the Bingaman Amendment No. 3380 (to Amendment amendment.) Pages S3354, S3388–90, S3392–93 No. 2917), to authorize rural and remote community Reid (for Graham) Amendment No. 3372 (to electrification grants. Page S3397 Amendment No. 2917), to limit the effective dates Bingaman (for Johnson) Modified Amendment of the provisions of Division H (relating to energy No. 3196 (to Amendment No. 2917), to provide for tax incentives). (By 70 yeas to 29 nays (Vote No. the investment in, the enhancement of, and the effi- 93), Senate tabled the amendment.) ciency of electric power transmission systems. Pages S3354, S3388, S3393 Page S3397 Withdrawn: Bingaman (for Wellstone) Modified Amendment Murkowski/Breaux/Stevens Amendment No. 3132 No. 3209 (to Amendment No. 2917), to carry out (to Amendment No. 2917), to create jobs for Ameri- pilot programs that aid accurate carbon storage and cans, to reduce dependence on foreign sources of sequestration accounting. Pages S3397–98 crude oil and energy, to strengthen the economic self Bingaman (for Wyden) Amendment No. 3230 (to determination of the Inupiat Eskimos and to pro- Amendment No. 2917), to provide additional bor- mote national security. Page S3351 rowing authority for the construction, acquisition, Reid (for Hagel) Further Modified Amendment and replacement of the transmission system of the No. 3146 (to Amendment No. 2917), to establish a Bonneville Power Administration and to carry out national registry for accurate and reliable reports of other duties of the Administrator of the Bonneville greenhouse gas emissions, and to further encourage Power Administration. Pages S3398–99 voluntary reductions in such emissions. Reid (for Levin) Amendment No. 3366 (to Pages S3354, S3157–59, S3395 Amendment No. 2917), to modify the incentives for During consideration of this measure, Senate also alternative fuel motor vehicles and refueling prop- took the following actions: erties. Page S3399 Reid (for Boxer) Amendment No. 3311 (to Daschle/Bingaman Further Modified Amendment Amendment No. 3139), to provide for equal liability No. 2917, in the nature of a substitute. treatment of vehicle fuels and fuel additives, fell Pages S3342–S3418 when Amendment No. 3139 (listed above), was ta- Rejected: bled. Pages S3342–51 Reid (for Boxer) Amendment No. 3139 (to Senate vitiated the March 21, 2002 adoption of Amendment No. 2917), to provide for equal liability Bingaman Amendment No. 3059 (to Amendment treatment of vehicle fuels and fuel additives. (By 57 No. 2917), to authorize rural and remote community yeas to 42 nays (Vote No. 87), Senate tabled the electrification grants. Page S3397 amendment.) Page S3364 Senate insisted on its amendment, requested a Feinstein Amendment No. 3225 (to Amendment conference with the House thereon, and the Chair No. 2917), to modify the provision relating to the was authorized to appoint conferees on the part of renewable content of motor vehicle fuel to eliminate the Senate. Page S3418 the required volume of renewable fuel for calendar Subsequently, S. 517 was returned to the Senate year 2004. (By 60 yeas to 39 nays (Vote No. 88), Calendar. Page S3417 Senate tabled the amendment.) Pages S3351–54, S3364 Dia de los Ninos: Celebrating Young Ameri- Reid (for Kyl) Amendment No. 3332 (to Amend- cans: Senate agreed to S. Res. 249, designating April ment No. 2917), to strike the extension of the credit 30, 2002, as ‘‘Dia de los Ninos: Celebrating Young for producing electricity from wind. Americans’’. Pages S3455–56 Pages S3354, S3386–88 Carper Amendment No. 3198 (to Amendment National Charter Schools Week: Senate agreed to No. 2917), to decrease the United States dependence S. Res. 254, designating April 29, 2002, through on imported oil by the year 2015. (By 57 yeas to May 3, 2002, as ‘‘National Charter Schools Week’’. 42 nays (Vote No. 90), Senate tabled the amend- Pages S3449–50, S3456–57 ment.) Pages S3371–81, S3390–91 Andean Trade Preference Expansion Act: Senate Reid (for Kyl) Amendment No. 3333 (to Amend- began consideration of the motion to proceed to con- ment No. 2917), to strike the provisions relating to sideration of H.R. 3009, to extend the Andean

VerDate Apr 18 2002 06:58 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP2.REC pfrm15 PsN: D25AP2 April 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D393 Trade Preference Act, to grant additional trade bene- Record Votes: Twelve record votes were taken fits under that Act. Page S3457 today. (Total — 96) A motion was entered to close further debate on Pages S3338, S3364, S3390, S3391–94, S3417, S3419, S3420 the motion to proceed to consideration of the bill Adjournment: Senate met at 9:30 a.m., and ad- and, in accordance with the provisions of Rule XXII journed at 7:37 p.m., until 10 a.m., on Friday, April of the Standing Rules of the Senate, a cloture vote 26, 2002. (For Senate’s program, see the remarks of will occur at 6 p.m., on Monday, April 29, 2002. the Acting Majority Leader in today’s Record on Page S3457 page S3457). A unanimous-consent agreement was reached pro- viding for further consideration of the motion to proceed to consideration of the bill at 10 a.m., on Committee Meetings Friday, April 26, 2002. Page S3457 (Committees not listed did not meet) Nominations Confirmed: Senate confirmed the fol- lowing nominations: APPROPRIATIONS — FOREST SERVICE By unanimous vote of 99 yeas (Vote No. Ex. 85), Committee on Appropriations: Subcommittee on Interior Percy Anderson, of California, to be United States concluded hearings on proposed budget estimates for District Judge for the Central District of California. fiscal year 2003 for the Forest Service, after receiving Pages S3338, S3457 testimony from Dale N. Bosworth, Chief, Forest By unanimous vote of 99 yeas (Vote No. Ex. 86), Service, Department of Agriculture. John F. Walter, of California, to be United States District Judge for the Central District of California. COOPERATIVE THREAT REDUCTION Pages S3338, S3457 PROGRAM BRIEFING By unanimous vote of 99 yeas (Vote No. Ex. 95), Committee on Armed Services: Committee met in closed Joan E. Lancaster, of Minnesota, to be United States session to receive a briefing on the Administration’s District Judge for the District of Minnesota. request for a waiver in the certifications required for Pages S3418–19, S3457 the Cooperative Threat Reduction Program and on a By unanimous vote of 97 yeas (Vote No. Ex. 96), recent report from the Joint Atomic Energy Intel- William C. Griesbach, of Wisconsin, to be United ligence Committee from representatives of the De- States District Judge for the Eastern District of Wis- partment of Defense, Department of Energy, Depart- consin. Pages S3419–20, S3457 ment of State, and the Central Intelligence Agency. Nominations Received: Senate received the fol- TRANSPORTATION EQUITY ACT lowing nominations: Richard M. Russell, of Virginia, to be an Asso- Committee on Banking, Housing, and Urban Affairs: ciate Director of the Office of Science and Tech- Subcommittee on Housing and Transportation con- nology Policy. cluded hearings on proposed legislation authorizing James Franklin Jeffrey, of Virginia, to be Ambas- funds for the Transportation Equity Act for the 21st sador to the Republic of Albania. Century (TEA–21), after receiving testimony from Mark Sullivan, of Maryland, to be United States Jennifer L. Dorn, Administrator, Federal Transit Ad- Director of the European Bank for Reconstruction ministration, Department of Transportation; Faye L. and Development. Page S3457 Moore, Southeastern Pennsylvania Transportation Authority, Philadelphia; Beverly A. Scott, Rhode Is- Messages From the House: Page S3432 land Public Transit Authority, Providence; and Larry Measures Referred: Page S3432 Worth, Northeast Colorado Association of Local Executive Communications: Page S3432 Governments, Ft. Morgan. Petitions and Memorials: Pages S3432–33 ONLINE PERSONAL PRIVACY ACT Executive Reports of Committees: Page S3433 Committee on Commerce, Science, and Transportation: Additional Cosponsors: Pages S3435–36 Committee concluded hearings on S. 2201, to pro- tect the online privacy of individuals who use the Statements on Introduced Bills/Resolutions: Internet, after receiving testimony from Barbara Pages S3436–49 Lawler, Hewlett Packard Company, Marc Rotenberg, Additional Statements: Pages S3427–32 Electronic Privacy Information Center, Paul Misener, Amendments Submitted: Pages S3450–52 Amazon.com, Frank Torres, Consumers Union, and John C. Dugan, Covington and Burling, on behalf of Authority for Committees to Meet: Pages S3452–53 the Financial Services Coordinating Council, all of Privilege of the Floor: Pages S3453–54 Washington, D.C.

VerDate Apr 18 2002 06:58 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP2.REC pfrm15 PsN: D25AP2 D394 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2002 NOMINATION WELFARE REFORM Committee on Commerce, Science, and Transportation: Committee on Finance: Subcommittee on Social Secu- Committee concluded hearings on the nomination of rity and Family Policy concluded hearings on pro- Harold D. Stratton, of New Mexico, to be Commis- posed legislation authorizing funds for the Tem- sioner and Chairman of the Consumer Product Safety porary Assistance for Needy Families (TANF) Pro- Commission, after the nominee, who was introduced gram, created by the Welfare Reform Law of 1996, by Senator Domenici, testified and answered ques- focusing on helping hard-to-employ families success- tions in his own behalf. fully transition from welfare to work, after receiving testimony from Natasha K. Metcalf, Tennessee De- BUSINESS MEETING partment of Human Services, Nashville; Stephanie Committee on Environment and Public Works: Com- Smith, Goodwill Industries of Southern Arizona, mittee order favorably reported the following bills: Tucson; David Butler, Manpower Demonstration Re- S. 975, to improve environmental policy by pro- search Corporation, New York, New York; and viding assistance for State and tribal land use plan- Michelle Laureano, Patterson, New Jersey. ning, to promote improved quality of life, region- INDIVIDUALS WITH DISABILITIES alism, and sustainable economic development, with EDUCATION an amendment in the nature of a substitute; Committee on Health, Education, Labor, and Pensions: S. 1079, to amend the Public Works and Eco- Committee concluded hearings to examine the im- nomic Development Act of 1965 to provide assist- plementation of the Individuals With Disabilities ance to communities for the redevelopment of Education Act (IDEA), focusing on behavioral sup- brownfield sites, with an amendment in the nature port in schools to ensure safe schools for students of a substitute; and teachers while protecting the rights of students S. 1646, to identify certain routes in the States of with disabilities, after receiving testimony from Ron- Texas, Oklahoma, Colorado, and New Mexico as part nie M. Jackson, Dale County School District, Ozark, of the Ports-to-Plains Corridor, a high priority cor- Alabama; Kathleen B. Boundy, Center for Law and ridor on the National Highway System; Education, Boston, Massachusetts; George Sugai, S. 2024, to amend title 23, United States Code, University of Oregon Center on Positive Behavioral to authorize use of electric personal assistive mobility Interventions and Supports, Eugene; Marsha device on trails and pedestrian walkways constructed Weissman, Center for Community Alternatives, Syr- or maintained with Federal-aid highway funds; acuse, New York; and Sarah A. Flanagan, Falls S. 2064, to reauthorize the United States Institute Church, Virginia. for Environmental Conflict Resolution; H.R. 3480, to promote Department of the Inte- WOMEN’S HEALTH rior efforts to provide a scientific basis for the man- Committee on Health, Education, Labor, and Pensions: agement of sediment and nutrient loss in the Upper Subcommittee on Public Health concluded hearings Mississippi River Basin; to examine women’s health issues, including the role S. 1721, to designate the building located at 1 of the Department of Health and Human Services in Federal Plaza in New York, New York, as the improving the health of women and making preven- ‘‘James L. Watson United States Court of Inter- tion a centerpiece, after receiving testimony from national Trade Building’’, with an amendment; Eve E. Slater, Assistant Secretary for Health, and H.R. 495, to designate the Federal building lo- James S. Marks, Director, National Center for cated in Charlotte Amalie, St. Thomas, United States Chronic Disease Prevention and Health Promotion, Virgin Islands, as the ‘‘Ron de Lugo Federal Build- Centers for Disease Control and Prevention, both of ing’’; the Department of Health and Human Services; H.R. 819, to designate the Federal building lo- Carolyn M. Mazure, Yale University School of Medi- cated at 143 West Liberty Street, Medina, Ohio, as cine, New Haven, Connecticut, on behalf of the the ‘‘Donald J. Pease Federal Building’’; Women’s Health Research Coalition; Marlene B. H.R. 3093, to designate the Federal building and Jezierski, Allina Hospitals and Clinics, Minneapolis, United States courthouse located at 501 Bell Street Minnesota; Thomas Gellhaus, Obstetrics and Gyne- in Alton, Illinois, as the ‘‘William L. Beatty Federal cology Specialists, Davenport, Iowa, on behalf of the Building and United States Courthouse’’; and American College of Obstetricians and Gyne- H.R. 3282, to designate the Federal building and cologists; and Alice Ammerman, University of North United States courthouse located at 400 North Main Carolina Schools of Public Health and Medicine, Street in Butte, Montana, as the ‘‘Mike Mansfield Chapel Hill, on behalf of the WISEWOMAN Pro- Federal Building and United States Courthouse’’. gram.

VerDate Apr 18 2002 06:58 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP2.REC pfrm15 PsN: D25AP2 April 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D395 BUSINESS MEETING NOMINATIONS Committee on the Judiciary: Committee ordered favor- Committee on the Judiciary: Committee concluded ably reported the following business items: hearings on the nominations of Julia Smith Gibbons, S. 2010, to provide for criminal prosecution of of Tennessee, to be United States Circuit Judge for persons who alter or destroy evidence in certain Fed- the Sixth Circuit, Leonard E. Davis, to be United eral investigations or defraud investors of publicly States District Judge for the Eastern District of traded securities, to disallow debts incurred in viola- Texas, David C. Godbey, to be United States Dis- tion of securities fraud laws from being discharged trict Judge for the Northern District of Texas, An- in bankruptcy, to protect whistleblowers against re- drew S. Hanen, to be United States District Judge taliation by their employers, with an amendment in for the Southern District of Texas, Samuel H. Mays, the nature of a substitute; Jr., to be United States District Judge for the West- S. 1974, to make needed reforms in the Federal ern District of Tennessee, Thomas M. Rose, to be Bureau of Investigation, with an amendment in the United States District Judge for the Southern Dis- nature of a substitute; trict of Ohio, after the nominees testified and an- swered questions in their own behalf. Ms. Gibbons S. 410, to amend the Violence Against Women and Mr. Mays were introduced by Senators Frist and Act of 2000 by expanding the legal assistance for Thompson, Mr. Davis was introduced by Senators victims of violence grant program to include legal Hutchison, and Gramm, and Representatives Ford assistance for victims of dating violence; Jr., Sandlin, and Hall, Mr. Godbey and Mr. Hanen S. Res. 245, designating the week of May 5 were introduced by Senators Hutchison and Gramm, through May 11, 2002, as ‘‘National Occupational and Representatives Ford, Jr., and Sandlin, and Mr. Safety and Health Week’’; Rose was introduced by Senator DeWine, and Rep- S. Res. 109, designating the second Sunday in the resentative Hobson. month of December as ‘‘National Children’s Memo- rial Day’’ and the last Friday in the month of April VA NURSING HOME CARE OPTIONS as ‘‘Children’s Memorial Flag Day’’, with an amend- Committee on Veterans’ Affairs: Committee concluded ment; hearings to examine the Veterans’ Association’s ex- S. Res. 249, designating April 30, 2002, as ‘‘Dia pansion of noninstitutional long-term care services in de los Ninos: Celebrating Young Americans’’; response to the Veterans Millennium Health Care S. Con. Res. 102, proclaiming the week of May and Benefits Act, as well as the types of noninstitu- 4 through May 11, 2002, as ‘‘National Safe Kids tional long-term services being offered, after receiv- Week’’; and ing testimony from Cynthia A. Bascetta, Director, The nominations of Gorden Edward Eden, Jr., to Health Care-Veterans’ Health and Benefits Issues, be United States Marshal for the District of New General Accounting Office; Robert H. Roswell, Mexico, David Phillip Gonzales, to be United States Under Secretary of Veterans Affairs for Health; Glad- Marshal for the District of Arizona, Ronald Hender- ys M. Dickerson, VA North Texas Health Care Sys- son, to be United States Marshal for the Eastern Dis- tems, Dallas; Jennifer Moye, Harvard Medical School trict of Missouri, John Lee Moore, to be United Department of Psychiatry, Boston, on behalf of the VA Medical Center Geriatric Mental Health Clinic/ States Marshal for the Eastern District of Texas, John Unified Psychogeriatric Biopsychosocial Evaluation Edward Quinn, to be United States Marshal for the and Treatment (UPBEAT) program; Paula Northern District of Iowa, Charles M. Sheer, to be Hemmings, New York Veterans Integrated Services United States Marshal for the Western District of Network, Albany, on behalf of the Alzheimer’s Asso- Missouri, and Edward Zahren, to be United States ciation; and Thomas G. McClure, Central Arkansas Marshal for the District of Colorado, all of the De- Veterans Healthcare System, Little Rock. partment of Justice. Also, committee approved a committee resolution BUSINESS MEETING to authorize the issuance of a subpoena with respect Select Committee on Intelligence: Committee ordered fa- to the forthcoming hearings of the Subcommittee on vorably reported the nomination of John Leonard Antitrust, Competition, and Business and Consumer Helgerson, of Virginia, to be Inspector General, Cen- Rights on the subject of hospital group purchasing. tral Intelligence Agency.

VerDate Apr 18 2002 06:58 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP2.REC pfrm15 PsN: D25AP2 D396 CONGRESSIONAL RECORD — DAILY DIGEST April 25, 2002 House of Representatives Jackson-Lee amendment No. 3 printed in H. Chamber Action Rept. 107–419 that requires a GAO report on the Measures Introduced: 27 public bills, H.R. fee structure of the Bureau of Citizenship and Immi- 4589–4615; 1 private bill, H.R. 4616; and 8 resolu- gration Services and its sufficiency to carry out its tions, H.J. Res. 90, H. Con. Res. 386–388, and H. functions in the absence of appropriated funds; Res. 397–400 were introduced. Pages H1672–74 Pages H1653–54 Reports Filed: Reports were filed as follows: Roybal-Allard amendment No. 4 printed in H. H.R. 3994, to authorize economic and democratic Rept. 107–419 that requires the Office of Immigra- development assistance for Afghanistan and to au- tions Statistics to maintain region-by-region statis- thorize military assistance for Afghanistan and cer- tics on denials of applications and petitions and the tain other foreign countries, amended (H. Rept. reasons for such denials; and Pages H1654–55 Velazquez amendment No. 5 printed in H. Rept. 107–420). Page H1672 107–419 that authorizes the Director of the Bureau Speaker Pro Tempore: Read a letter from the of Citizenship and Immigration Services to conduct Speaker wherein he appointed Representative innovative pilot initiatives to eliminate any remain- LaTourette to act as Speaker pro tempore for today. ing backlog in the processing of immigration benefit Page H1621 applications and to prevent any backlog from recur- Guest Chaplain: The prayer was offered by the ring. Pages H1655–56 guest Chaplain, Dr. Paul Dixon, President, Rejected: Cedarville University of Cedarville, Ohio. Page H1621 Issa amendment No. 6 printed in H. Rept. 107–419 that sought to place the civil service posi- Journal: Agreed to the Speaker’s approval of the tions in the Office of the Associate Attorney General Journal of Wednesday, April 24, by a recorded vote for Immigration Affairs, Bureau of Citizenship and of 372 ayes to 47 noes with 1 voting ‘‘present’’, Roll Immigration Services, and the Bureau of Immigra- No. 113. Page H1632 tion Enforcement in the excepted service as defined Barbara Jordan Immigration Reform and Ac- by section 2103 of title 5, United States Code and countability Act: The House passed H.R. 3231, to eliminate restrictions on certain disciplinary and replace the Immigration and Naturalization Service other adverse actions taken against employees (re- with the Agency for Immigration Affairs by a re- jected by a recorded vote of 145 ayes to 272 noes, corded vote of 405 ayes to 9 noes, Roll No. 116. Roll No. 114); and Pages H1656–65 Pages H1632–66 Lofgren amendment No. 7 printed in H. Rept. The title was amended so as to read: ‘‘A bill to 107–419 that sought to authorize expedited proce- replace the Immigration and Naturalization Service dures for procurement of information technology (re- with the Office of the Associate Attorney General for jected by a recorded vote of 105 ayes to 312 noes, Immigration Affairs, the Bureau of Citizenship and Roll No. 115). Pages H1661–66 Immigration Service, and the Bureau of Immigration H. Res. 396, the rule that provided for consider- Enforcement, and for other purposes.’’ Page H1666 ation of the bill was agreed to by a recorded vote Agreed to the Committee on the Judiciary amend- of 388 ayes to 34 noes, Roll No. 112. Agreed to ment in the nature of a substitute now printed in order the previous question by a yea-and-nay vote of the bill, H. Rept. 107–413, and made in order by 384 yeas to 36 nays, Roll No. 111. Pages H1625–32 the rule. Page H1666 Legislative Program: Representative Portman an- Agreed To: nounced the Legislative Program for the week of Sensenbrenner amendment No. 1 printed in H. April 29. Page H1667 Rept. 107–419 that authorizes additional personnel Consideration of Suspension on May 1: Agreed flexibility including a managerial rotation program, that it be in order at any time on Wednesday, May employee voluntary separation incentive payments or 1 for the Speaker to entertain a motion that the buy-outs, and a demonstration project relating to House suspend the rules relating to H.R. 2604, re- employee disciplinary actions; Pages H1650–51 plenishment of Asian Development Fund and Inter- Baldwin amendment No. 2 printed in H. Rept. national Fund for Agricultural Development re- 107–419 that requires a study by the Office of Chil- sources and additional policies towards the African dren’s Affairs on independent legal counsel for unac- Development Bank, the African Development Fund, companied alien children; Pages H1651–53 the Asian Development Bank, the Inter-American

VerDate Apr 18 2002 06:58 Apr 26, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 0627 Sfmt 0627 E:\CR\FM\D25AP2.REC pfrm15 PsN: D25AP2 April 25, 2002 CONGRESSIONAL RECORD — DAILY DIGEST D397 Development Bank, and the European Bank for Re- cation: Susan B. Neuman, Assistant Secretary, Ele- construction and Development. Page H1667 mentary and Secondary Education; Robert H. Meeting Hour — Monday, April 29: Agreed that Pasternack, Assistant Secretary, Special Education when the House adjourns today, it adjourn to meet and Rehabilitative Services; Carol D’Amico, Assist- at 2 p.m. on Monday, April 29. Page H1667 ant Secretary, Vocational and Adult Education; Sally Stroup, Assistant Secretary, Postsecondary Education; Meeting Hour — Tuesday, April 30: Agreed that Grover J. Whitehurst, Assistant Secretary, Edu- when the House adjourns on Monday, April 29, it cational Research and Improvement; and Thomas P. adjourn to meet at 12:30 p.m. on Tuesday, April 30 Skelly, Director, Budget Service. for morning hour debate. Page H1667 LEGISLATIVE APPROPRIATIONS Calendar Wednesday: Agreed to dispense with the Calendar Wednesday business of Wednesday, May 1. Committee on Appropriations: Subcommittee on Legisla- Page H1667 tive held a hearing on Architect of the Capitol, and on CBO. Testimony was heard from Alan M. Senate Messages: Messages received from the Senate Hantman, Architect of the Capitol; and Dan L. today appear on page H1621. Crippen, Director, CBO. Referral: S. 2248 was held at the desk. Page H1621 NATIONAL DEFENSE AUTHORIZATION Quorum Calls — Votes: One yea-and-nay vote and ACT five recorded votes developed during the proceedings Committee on Armed Services: Subcommittee on Mili- of the House today and appear on pages H1630–31, tary Installations and Facilities approved for full H1631–32, H1632, H1664–65, H1665–66, and Committee action H.R. 4546, National Defense Au- H1666. There were no quorum calls. thorization Act for Fiscal Year 2003. Adjournment: The House met at 10 a.m. and ad- NATIONAL DEFENSE AUTHORIZATION journed at 3:50 p.m. ACT Committee on Armed Services: Subcommittee on Mili- Committee Meetings tary Personnel approved for full Committee action DEFENSE APPROPRIATIONS H.R. 4546, National Defense Authorization Act for Committee on Appropriations: Subcommittee on Defense Fiscal Year 2003. met in executive session to hold a hearing on Na- NATIONAL DEFENSE AUTHORIZATION tional Foreign Intelligence Program. Testimony was ACT heard from Jane Dempsey, Deputy Director, CIA; Committee on Armed Services: Subcommittee on Mili- and George Tenet, former Director, CIA. tary Readiness approved for full Committee action, DISTRICT OF COLUMBIA APPROPRIATIONS as amended, H.R. 4546, National Defense Author- Committee on Appropriations: Subcommittee on District ization Act for Fiscal Year 2003. of Columbia held a hearing on D.C. Public Schools RESTORING BUDGET DISCIPLINE and D.C. Charter Schools. Testimony was heard from Committee on the Budget: Held a hearing on the Pre- the following officials of the District of Columbia: dictability and Control Twin Reasons for Restoring Peggy Cooper Cafritz, President, Board of Education; Budget Disciplines. Testimony was heard from Susan Paul Vance, Superintendent, Public Schools; Jose- J. Irving, Director, Federal Budget Analysis, GAO; phine Baker, Chair, Public Charter School Board; Barry B. Anderson, Deputy Director, CBO; former and Laurent Ross, Director, Tuition Assistance Grant Representative William Frenzel of Minnesota; and Program; Col. Charles J. Fiala, Jr., USA, Com- public witnesses. mander and District Engineer, Baltimore District, U.S. Army Corps of Engineers; David E. Cooper, Di- CITIZEN SERVICE IN THE 21ST CENTURY rector, Acquisition and Sourcing Management Team, Committee on Education and the Workforce: Sub- GAO; and public witnesses. committee on Select Education held a hearing on LABOR, HHS AND EDUCATION Citizen Service in the 21st Century. Testimony was APPROPRIATIONS heard from Representatives Shays, Ford and Osborne; and public witnesses. Committee on Appropriations: Subcommittee on Labor, Health and Human Services, and Education held a REDUCE ERGONOMIC INJURIES — OSHA’s hearing on Department of Education Panel: Transi- PLAN tion into the Workforce. Testimony was heard from Committee on Education and the Workforce: Sub- the following officials of the Department of Edu- committee on Workforce Protections held a hearing

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on A Review of OSHA’s Plan to Reduce Ergonomic OVERSIGHT — NATIONAL PARK SERVICE Injuries. Testimony was heard from John Henshaw, MANAGEMENT POLICIES Assistant Secretary, Occupational Safety and Health, Committee on Resources: Subcommittee on National Department of Labor. Parks, Recreation and Public Lands held an oversight YUCCA MOUNTAIN REPOSITORY — hearing on the 2001 National Park Service Manage- RADIOACTIVE WASTE ment Policies. Testimony was heard from Fran Committee on Energy and Commerce: Ordered reported Mainella, Director, National Park Service, Depart- H.J. Res. 87, approving the site at Yucca Mountain, ment of the Interior. Nevada, for the development of a repository for the YUCCA MOUNTAIN STORAGE FACILITY — disposal of high-level radioactive waste and spent TRANSPORTATION OF SPENT RODS nuclear fuel, pursuant to the Nuclear Policy Act of Committee on Transportation and Infrastructure: Sub- 1982. committee on Highways and Transit and the Sub- DIGITAL AGE — ENSURING CONTENT committee on Railroads held a joint hearing on PROTECTION Transportation of Spent Rods to the Proposed Yucca Committee on Energy and Commerce: Subcommittee on Mountain Storage Facility. Testimony was heard Telecommunications and the Internet held a hearing from Senator Ensign; Representatives Gibbons and entitled ‘‘Ensuring Content Protection in the Digital Kucinich; the following officials of the Department Age.’’ Testimony was heard from public witnesses. of Transportation: Ellen G. Engleman, Adminis- trator, Research and Special Programs Administra- FINANCIAL SERVICES REGULATORY tion; and Allan Rutter, Administrator, Federal Rail- RELIEF ACT road Administration; Lake Barrett, Deputy Director, Committee on Financial Services: Subcommittee on Fi- Office of Civilian Radioactive Waste Management, nancial Institutions and Consumer Credit continued Department of Energy; Carl J. Paperiello, Deputy hearings on H.R. 3951, Financial Services Regu- Executive Director, Operations, NRC; the following latory Relief Act of 2002. Testimony was heard from officials of the State of Nevada: Kenny Guinn, Gov- public witnesses. ernor; Jon C. Porter, member, Senate; and Dario FEDERAL WORK FORCE SECURITY Herrera, Chairman, Clark County Commission; and public witnesses. Committee on Government Reform: Subcommittee on Technology and Procurement Policy held a hearing SOCIAL SECURITY PROGRAM PROTECTION on Ensuring the Safety of our Federal Workforce: ACT GSA’s Use of Technology to Secure Federal Build- Committee on Ways and Means: Subcommittee on So- ings. Testimony was heard from Keith A. Rhodes, cial Security approved for full Committee action, as Chief Technologist, GAO; the following officials of amended, H.R. 4070, Social Security Program Pro- the GSA: F. Joseph Moravec, Commissioner, Public tection Act of 2002. Buildings Service; and Wendell Shingler, Director, LATIN AMERICA ISSUES Federal Protective Service; John N. Jester, Chief, De- fense Protective Service, Department of Defense; and Permanent Select Committee on Intelligence: Sub- public witnesses. committee on Intelligence Policy and National Secu- rity and the Subcommittee on Human Intelligence, MISCELLANEOUS MEASURES Analysis and Counterintelligence met in executive Committee on International Relations: Ordered reported, session to hold a joint hearing on Latin America as amended, the following bills: H.R. 4073, to Issues. Testimony was heard from departmental wit- amend the Microenterprise for Self-Reliance Act of nesses. 2000 and the Foreign Assistance Act of 1961 to in- f crease assistance for the poorest people in developing countries under microenterprise assistance programs COMMITTEE MEETINGS FOR FRIDAY, under those Acts; and H.R. 3969, Freedom Pro- APRIL 26, 2002 motion Act of 2002. (Committee meetings are open unless otherwise indicated) OVERSIGHT — COMMUNITY-BASED LAND Senate MANAGEMENT AND CHARTER FORESTS Committee on Armed Services: to hold hearings on the Committee on Resources: Subcommittee on Forests and nomination of Adm. Thomas B. Fargo, USN, to be Ad- Forest Health held an oversight hearing on Commu- miral and Commander in Chief, United States Pacific nity-Based Land Management and Charter Forests. Command; and the nomination of Lt. Gen. Leon J. Testimony was heard from public witnesses. LaPorte, USA, to be General and Commander in Chief,

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United Nations Command/Combined Forces Command/ examine families and funeral practices issues, 10 a.m., Commander, United States Forces Korea, 9:30 a.m., SD–430. SR–222. Committee on Health, Education, Labor, and Pensions: Sub- House committee on Children and Families, to hold hearings to No committee meetings are scheduled.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 10 a.m., Friday, April 26 2 p.m., Monday, April 29

Senate Chamber House Chamber Program for Friday: Senate will continue consideration Program for Monday: Pro forma session. of the motion to proceed to consideration of H.R. 3009, Andean Trade Preference Expansion Act.

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