HOUSE of REPRESENTATIVES—Monday, February 26, 2001

2192 CONGRESSIONAL RECORD—HOUSE February 26, 2001 HOUSE OF REPRESENTATIVES—Monday, February 26, 2001

The House met at 2 p.m. and was MESSAGE FROM THE SENATE MAKING IN ORDER ON WEDNES- called to order by the Speaker pro tem- A message from the Senate by Mr. DAY, FEBRUARY 28, 2001, MO- pore (Mr. WOLF). Lundregan, one of its clerks, an- TIONS TO SUSPEND THE RULES f nounced that the Senate has passed Mr. MCHUGH. Mr. Speaker, I ask without amendment bills and concur- unanimous consent that it be in order DESIGNATION OF THE SPEAKER rent resolutions of the House of the fol- at any time on the legislative day of PRO TEMPORE lowing titles: Wednesday, February 28, 2001, for the The SPEAKER pro tempore laid be- S. 320. An act to make technical correc- Speaker to entertain motions that the fore the House the following commu- tions in patent, copyright, and trademark House suspend the rules relating to the nication from the Speaker: laws. following measures: H.R. 256, H.R. 558, WASHINGTON, DC, S. 360. An act to honor Paul D. Coverdell. H.R. 621, and H. Con. Res. 27. February 26, 2001. S. Con. Res. 12. Concurrent resolution ex- The SPEAKER pro tempore. Is there pressing the sense of Congress regarding the I hereby appoint the Honorable FRANK R. objection to the request of the gen- importance of organ, tissue, bone marrow, WOLF to act as Speaker pro tempore due to tleman from New York? and blood donation, and supporting National my illness. There was no objection. J. DENNIS HASTERT, Donor Day. Speaker of the House of Representatives. S. Con. Res. 13. Concurrent resolution ex- f pressing the sense of Congress with respect SPECIAL ORDERS f to the upcoming trip of President George W. Bush to Mexico to meet with newly elected The SPEAKER pro tempore. Under PRAYER President Vicente Fox, and with respect to the Speaker’s announced policy of Jan- The Chaplain, the Reverend Daniel P. future cooperative efforts between the uary 3, 2001, and under a previous order Coughlin, offered the following prayer: United States and Mexico. of the House, the following Members Lord, God of history and ever- f will be recognized for 5 minutes each. present, You sent Your prophet Isaias COMMUNICATION FROM THE f to Your people when they were in need CLERK OF THE HOUSE PUBLICATION OF THE RULES OF of hope and vision. The SPEAKER pro tempore laid be- THE COMMITTEE ON RESOURCES, May Isaias’ prophetic words guide us 107TH CONGRESS still. Send Your spirit upon this Nation fore the House the following commu- and this Congress, that we may be open nication from the Clerk of the House of The SPEAKER pro tempore. Under a to hearing Your word and actively seek Representatives: previous order of the House, the gen- the salvation You alone can bring. OFFICE OF THE CLERK, tleman from Utah (Mr. HANSEN) is rec- HOUSE OF REPRESENTATIVES, ognized for 5 minutes. Make of us a people of compassion Washington, DC, February 15, 2001. and holiness. In pursuing the avenues Mr. HANSEN. Mr. Speaker, submitted pur- Hon. J. DENNIS HASTERT, suant to clause 2(a)(1)(A) of Rule XI of the of justice for all, may we be a sign to The Speaker, House of Representatives, Wash- the community of nations. ington, DC. Rules of the House is a copy of the rules for Help us to work toward the complete DEAR MR. SPEAKER: Pursuant to the per- the Committee on Resources, adopted at our fulfillment of the deepest human hopes mission granted to Clause 2(h) of Rule II of organization meeting on February 14, 2001, and Your inspiring promises. the Rules of the U.S. House of Representa- by voice vote, for printing in the CONGRES- With humility let us embrace our tives, the Clerk received the following mes- SIONAL RECORD. sage from the Secretary of the Senate on calling; to be truly prophetic, as Your RULES FOR THE COMMITTEE ON RESOURCES, February 15, 2001 at 4:50 p.m. U.S. HOUSE OF REPRESENTATIVES, 107TH servants of old, by earnestly fulfilling That the Senate passed without amend- CONGRESS Your commands now and forever. ment H.R. 559. (Adopted on February 14, 2001) Amen. With best wishes, I am Sincerely, RULE 1. RULES OF THE HOUSE; VICE CHAIRMEN f JEFF TRANDAHL, (a) Applicability of House Rules. Clerk of the House. (1) The Rules of the House of Representa- THE JOURNAL tives, so far as they are applicable, are the f The SPEAKER pro tempore. The rules of the Committee and its Subcommit- Chair has examined the Journal of the APPOINTMENT OF MEMBERS TO tees. COMMISSION ON SECURITY AND (2) Each Subcommittee is part of the Com- last day’s proceedings and announces mittee and is subject to the authority, direc- to the House his approval thereof. COOPERATION IN EUROPE tion and rules of the Committee. References Pursuant to clause 1, rule I, the Jour- The SPEAKER pro tempore. Pursu- in these rules to ‘‘Committee’’ and ‘‘Chair- nal stands approved. ant to section 3 of Public Law 94–304, man’’ shall apply to each Subcommittee and amended by section 1 of Public Law 99– its Chairman wherever applicable. f (3) House Rule XI is incorporated and made 7, and the order of the House of a part of the rules of the Committee to the PLEDGE OF ALLEGIANCE Wednesday, February 14, 2001, the extent applicable. The SPEAKER pro tempore. Will the Speaker on Thursday, February 15, 2001 (b) Vice Chairmen.—Unless inconsistent gentleman from New York (Mr. appointed the following Members of with other rules, the Chairman shall appoint MCHUGH) come forward and lead the the House to the Commission on Secu- a Vice Chairman of the Committee and the House in the Pledge of Allegiance. rity and Cooperation in Europe: Subcommittee Chairmen will appoint Vice Chairmen of each of the Subcommittees. If Mr. MCHUGH led the Pledge of Alle- Mr. SMITH of New Jersey, co-chairman; the Chairman of the Committee or Sub- giance as follows: committee is not present at any meeting of I pledge allegiance to the Flag of the Mr. WOLF of Virginia; the Committee or Subcommittee, as the case United States of America, and to the Repub- Mr. PITTS of Pennsylvania, may be, the Vice Chairman shall preside. If lic for which it stands, one nation under God, Mr. WAMP of Tennessee, the Vice Chairman is not present, the rank- indivisible, with liberty and justice for all. Mr. ADERHOLT of Alabama. ing Member of the Majority party on the

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.

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0688 Sfmt 0634 E:\BR01\H26FE1.000 H26FE1 February 26, 2001 CONGRESSIONAL RECORD—HOUSE 2193 Committee or Subcommittee who is present measure or recommendation, the authorizing (b) Written Statement; Oral Testimony.— shall preside at that meeting. of a subpoena, the closing of any meeting or Each witness who is to appear before the RULE 2. MEETINGS IN GENERAL hearing to the public under clause 2(g)(1), Committee or a Subcommittee shall file clause 2(g)(2)(A) and clause 2(k)(5)(B) of with the Chief Clerk of the Committee or (a) Scheduled Meetings.—The Committee House Rule XI, and the releasing of execu- Subcommittee Clerk, at least two working shall meet at 10 a.m. every Wednesday when tive session materials under clause 2(k)(7) of days before the day of his or her appearance, the House is in session, unless canceled by House Rule X. Testimony and evidence may a written statement of proposed testimony. the Chairman. The Committee shall also be received at any hearing at which there are Failure to comply with this requirement meet at the call of the Chairman subject to at least two Members of the Committee may result in the exclusion of the written advance notice to all Members of the Com- present. For the purpose of transacting all testimony from the hearing record and/or mittee. Special meetings shall be called and other business of the Committee, one third the barring of an oral presentation of the convened by the Chairman as provided in of the Members shall constitute a quorum. testimony. Each witness shall limit his or clause 2(c)(1) of House Rule XI. Any Com- (2) When a call of the roll is required to as- her oral presentation to a five-minute sum- mittee meeting or hearing that conflicts certain the presence of a quorum, the offices mary of the written statement, unless the with a party caucus, conference, or similar of all Members shall be notified and the Chairman, in consultation with the Ranking party meeting shall be rescheduled at the Members shall have not less than 15 minutes Minority Member, extends this time period. discretion of the Chairman, in consultation to prove their attendance. The Chairman In addition, all witnesses shall be required to with the Ranking Minority Member. The shall have the discretion to waive this re- submit with their testimony a resume or Committee may not sit during a joint ses- quirement when a quorum is actually other statement describing their education, sion of the House and Senate or during a represent or whenever a quorum is secured and employment, professional affiliations and cess when a joint meeting of the House and may direct the Chief Clerk to note the names other background information pertinent to Senate is in progress. of all Members present within the 15-minute their testimony. (b) Open Meetings.—Each meeting for the period. (c) Minority Witnesses.—When any hearing transaction of business, including the mark- (e) Participation of Members in Committee is conducted by the Committee or any Sub- up of legislation, and each hearing of the and Subcommittees.—All Members of the committee upon any measure or matter, the Committee or a Subcommittee shall be open Committee may sit with any Subcommittee Minority party Members on the Committee to the public, except as provided by clause during any hearing, and by unanimous con- or Subcommittee shall be entitled, upon re- 2(g) and clause 2(k) of House Rule XI. sent of the Members of the Subcommittee quest to the Chairman by a majority of those (c) Broadcasting.—Whenever a meeting for may participate in any meeting or hearing. Minority Members before the completion of the transaction of business, including the However, a Member who is not a Member of the hearing, to call witnesses selected by the markup of legislation, or a hearing is open to the Subcommittee may not vote on any mat- Minority to testify with respect to that the public, that meeting or hearing shall be ter before the Subcommittee, be counted for measure or matter during at least one day of open to coverage by television, radio, and purposes of establishing a quorum or raise hearings thereon. still photography in accordance with clause 4 points of order. (d) Information for Members.—After an- of House Rule XI. The provisions of clause (f) Proxies.—No vote in the Committee or nouncement of a hearing, the Committee 4(f) of House Rule XI are specifically made its Subcommittees may be cast by proxy. shall make available as soon as practicable part of these rules by reference. Operation (g) Roll Call Votes.—Roll call votes shall to all Members of the Committee a tentative and use of any Committee Internet broadcast be ordered on the demand for one-fifth of the witness list and to the extent practicable a system shall be fair and nonpartisan and in Members present, or by any Member in the memorandum explaining the subject matter accordance with clause 4(b) of House Rule XI apparent absence of a quorum. of the hearing (including relevant legislative and all other applicable rules of the Com- (h) Motions.—A motion to recess from day reports and other necessary material). In ad- mittee and the House. to day and a motion to dispense with the dition, the Chairman shall make available to (d) Oversight Plan.—No later than Feb- first reading (in full) of a bill or resolution, the Members of the Committee any official ruary 15 of the first session of each Congress, if printed copies are available, are nondebat- reports from departments and agencies on the Committee shall adopt its oversight able motions of high privilege. the subject matter as they are received. plans for that Congress in accordance with (i) Layover and Copy of Bill.—No measure (e) Subpoenas.—The Committee or a Sub- clause 2(d)(1) of House Rule X. or recommendation reported by a Sub- committee may authorize and issue a sub- RULE 3. PROCEDURES IN GENERAL committee shall be considered by the Com- poena under clause 2(m) of House Rule XI if (a) Agenda of Meetings; Information for mittee until two calendar days from the authorized by a majority of the Members Members.—An agenda of the business to be time of Subcommittee action. No bill shall voting. In addition, the Chairman of the considered at meetings shall be delivered to be considered by the Committee unless a Committee may authorize and issue sub- the office of each Member of the Committee copy has been delivered to the office of each poenas during any period of time in which no later than 48 hours before the meeting. Member of the Committee requesting a copy. the House of Representatives has adjourned This requirement may be waived by a major- These requirements may be waived by a ma- for more than three days. Subpoenas shall be ity vote of the Committee at the time of the jority vote of the Committee at the time of signed only by the Chairman of the Com- consideration of the measure or matter. To consideration of the measure or rec- mittee, or any Member of the Committee au- the extent practicable, a summary of the ommendation. thorized by the Committee, and may be major provisions of any bill being considered (j) Access to Dais and Conference Room.— served by any person designated by the by the Committee, including the need for the Access to the hearing rooms’ daises and to Chairman or Member. bill and its effect on current law, will be the conference rooms adjacent of the Com- (f) Oaths.—The Chairman of the Com- available for the Members of the Committee mittee hearing rooms shall be limited to mittee or any Member designated by the no later than 48 hours before the meeting. Members of Congress and employees of Con- Chairman may administer oaths to any wit- (b) Meetings and Hearings to Begin gress during a meeting of the Committee. ness before the Committee. All witnesses ap- Promptly.—Each meeting or hearing of the (k) Cellular Telephones.—The use of cel- pearing in hearings may be administered the Committee shall begin promptly at the time lular telephones is prohibited on the Com- following oath by the Chairman or his des- stipulated in the public announcement of the mittee dais or in the Committee hearing ignee prior to receiving the testimony: ‘‘Do meeting or hearing. rooms during a meeting of the Committee. you solemnly swear or affirm that the testi- (c) Addressing the Committee.—A Com- RULE 4. HEARING PROCEDURES mony that you are about to give is the truth, mittee Member may address the Committee (a) Announcement.—The Chairman shall the whole truth, and nothing but the truth, or a Subcommittee on any bill, motion, or publicly announce the date, place, and sub- so help you God?’’ other matter under consideration or may ject matter of any hearing at least one week (g) Opening Statements.—Questioning of question a witness at a hearing only when before the hearing unless the Chairman, with Witnesses. recognized by the Chairman for that purpose. the concurrence of the Ranking Minority (1) Opening statements by Members may The time a Member may address the Com- Member, determines that there is good cause not be presented orally, unless the Chairman mittee or Subcommittee for any purpose or to begin the hearing sooner, or if the Com- or his designee makes a statement, in which to question a witness shall be limited to five mittee so determines by majority vote. In case the Ranking Minority Member or his minutes, except as provided in Committee these cases, the Chairman shall publicly an- designee may also make a statement. If a rule 4(g). A Member shall limit his remarks nounce the hearing at the earliest possible witness scheduled to testify at any hearing to the subject matter under consideration. date. The Chief Clerk of the Committee shall of the Committee is a constituent of a Mem- The Chairman shall enforce the preceding promptly notify the Daily Digest Clerk of ber of the Committee, that Member shall be provision. the CONGRESSIONAL RECORD and shall entitled to introduce the witness at the hear- (d) Quorums. promptly enter the appropriate information ing. (1) A majority of the Members shall con- on the Committee’s web site as soon as pos- (2) The questioning of witnesses in Com- stitute a quorum for the reporting of any sible after the public announcement is made. mittee and Subcommittee hearings shall be

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0688 Sfmt 0634 E:\BR01\H26FE1.000 H26FE1 2194 CONGRESSIONAL RECORD—HOUSE February 26, 2001 initiated by the Chairman, followed by the to review each proposed Committee report Subcommittee on Forests and Forest Health Ranking Minority Member and all other before it is filed with the Clerk of the House (1) Forest reservations, including manage- Members alternating between the Majority of Representatives. Nothing in this para- ment thereof, created from the public do- and Minority parties. In recognizing mem- graph extends the time allowed for filing main. bers to question witnesses, the Chairman supplemental, additional or minority views (2) Public forest lands generally, including shall take into consideration the ratio of the under paragraph (c). measures or matters related to entry, ease- Majority to Minority Members present and (e) Disclaimer.—All Committee or Sub- ments, withdrawals and grazing. shall establish the order of recognition for committee reports printed and not approved (3) Federal reserved water rights on forest questioning in a manner so as not to dis- by a majority vote of the Committee or Sub- reserves. advantage the Members of the Majority or committee, as appropriate, shall contain the (4) Wild and Scenic Rivers System, Na- the Members of the Minority. A motion is in following disclaimer on the cover of the re- tional Trails System, national heritage areas order to allow designated Majority and Mi- port: and other national units established for pro- nority party Members to question a witness ‘‘This report has not been officially adopt- tection, conservation, preservation or rec- for a specified period to be equally divided ed by the {Committee on Resources} {Sub- reational development administered by the between the Majority and Minority parties. committee} and may not therefore nec- Secretary of Agriculture. This period shall not exceed one hour in the essarily reflect the views of its Members.’’ (5) Federal and non-Federal outdoor recre- aggregate. RULE 6. ESTABLISHMENT OF SUBCOMMITTEES; ation plans, programs and administration in (h) Materials for Hearing Record.—Any FULL COMMITTEE JURISDICTION; BILL REFER- public forests. materials submitted specifically for inclu- RALS (6) Cooperative efforts to encourage, en- sion in the hearing record must address the (a) Subcommittees.—There shall be five hance and improve international programs announced subject matter of the hearing and standing Subcommittees of the Committee, for the protection of the environment and be submitted to the relevant Subcommittee with the following jurisdiction and respon- the conservation of natural resources other- Clerk or Chief Clerk no later than 10 busi- sibilities: wise within the jurisdiction of the Sub- ness days following the last day of the hear- Subcommittee on National Parks, Recreation committee. ing. and Public Lands (7) General and continuing oversight and (i) Claims of Privilege.—Claims of com- investigative authority over activities, poli- (1) Measures and matters related to the mon-law privileges made by witnesses in cies and programs within the jurisdiction of National Park System and its units, includ- hearings, or by interviewees or deponents in the Subcommittee. investigations or inquiries, are applicable ing Federal reserve water rights. Subcommittee on Fisheries Conservation, Wild- only at the discretion of the Chairman, sub- (2) The National Wilderness Preservation life and Oceans ject to appeal to the Committee. System, except for wilderness created from forest reserves from the public domain. (1) Fisheries management and fisheries re- RULE 5. FILING OF COMMITTEE REPORTS (3) Wild and Scenic Rivers Systems, Na- search generally, including the management (a) Duty of Chairman.—Whenever the Com- tional Trails System, national heritage areas of all commercial and recreational fisheries, mittee authorizes the favorable reporting of and other national units established for pro- the Magnuson-Stevens Fishery Conservation a measure from the Committee, the Chair- tection, conservation, preservation or rec- and Management Act, interjurisdictional man or his designee shall report the same to reational development administered by the fisheries, international fisheries agreements, the House of Representatives and shall take Secretary of the Interior, other than coastal aquaculture, seafood safety and fisheries pro- all steps necessary to secure its passage barriers. motion. without any additional authority needing to (4) Military parks and battlefields, na- (2) Wildlife resources, including research, be set forth in the motion to report each in- tional cemeteries administered by the Sec- restoration, refuges and conservation. dividual measure. In appropriate cases, the retary of the Interior, parks in and within (3) All matters pertaining to the protection authority set forth in this rule shall extend the vicinity of the District of Columbia and of coastal and marine environments, includ- to moving in accordance with the Rules of the erection of monuments to the memory of ing estuarine protection. the House of Representatives that the House individuals. (4) Coastal barriers. be resolved into the Committee of the Whole (5) Federal outdoor recreation plans, pro- (5) Oceanography. House on the State of the Union for the con- grams and administration including the (6) Ocean engineering, including materials, sideration of the measure; and to moving in Land and Water Conservation Fund, except technology and systems. accordance with the Rules of the House of those in public forests. (7) Coastal zone management. Representatives for the disposition of a Sen- (6) Plans and programs concerning non- (8) Marine sanctuaries. ate measure that is substantially the same Federal outdoor recreation and land use, in- (9) U.N. Convention on the Law of the Sea. as the House measure as reported. cluding related plans and programs author- (10) Sea Grant programs and marine exten- (b) Filing.—A report on a measure which ized by the Land and Water Conservation sion services. has been approved by the Committee shall be Fund Act of 1965 and the Outdoor Recreation (11) Cooperative efforts to encourage, en- filed within seven calendar days (exclusive of Act of 1963, except those in public forests. hance and improve international programs days on which the House of Representatives (7) Preservation of prehistoric ruins and for the protection of the environment and is not in session) after the day on which objects of interest on the public domain and the conservation of natural resources other- there has been filed with the Committee other historic preservation programs and ac- wise within the jurisdiction of the Sub- Chief Clerk a written request, signed by a tivities, including national monuments, his- committee. majority of the Members of the Committee, toric sites and programs for international (12) General and continuing oversight and for the reporting of that measure. Upon the cooperation in the field of historic preserva- investigative authority over activities, poli- filing with the Committee Chief Clerk of this tion. cies and programs within the jurisdiction of request, the Chief Clerk shall transmit im- (8) Matters concerning the following agen- the Subcommittee. mediately to the Chairman notice of the fil- cies and programs: Urban Parks and Recre- Subcommittee on Water and Power ing of that request. ation Recovery Program, Historic American (c) Supplemental, Additional or Minority Buildings, Survey, Historic American Engi- (1) Generation and marketing of electric Views.—Any Member may, if notice is given neering Record, and U.S. Holocaust Memo- power from Federal water projects by Feder- at the time a bill or resolution is approved rial. ally chartered or Federal regional power by the Committee, file supplemental, addi- (9) Public lands generally, including meas- marketing authorities. tional, or minority views. These views must ures or matters relating to entry, easements, (2) All measures and matters concerning be in writing and signed by each member withdrawals, grazing and Federal reserved water resources planning conducted pursu- joining therein and be filed with the Com- water rights. ant to the Water Resources Planning Act, mittee Chief Clerk not less than two addi- (10) Forfeiture of land grants and alien water resource research and development tional calendar days (excluding Saturdays, ownership, including alien ownership of min- programs and saline water research and de- Sundays and legal holidays except when the eral lands. velopment. House is in session on those days) of the time (11) Cooperative efforts to encourage, en- (3) Compacts relating to the use and appor- the bill or resolution is approved by the hance and improve international programs tionment of interstate waters, water rights Committee. This paragraph shall not pre- for the protection of the environment and and major interbasin water or power move- clude the filing of any supplemental report the conservation of natural resources other- ment programs. on any bill or resolution that may be re- wise within the jurisdiction of the Sub- (4) All measure and matters pertaining to quired for the correction of any technical committee. irrigation and reclamation projects and error in a previous report made by the Com- (12) General and continuing oversight and other water resources development and recy- mittee on that bill or resolution. investigative authority over activities, poli- cling programs, including policies and proce- (d) Review by Members.—Each Member of cies and programs within the jurisdiction of dures. the Committee shall be given an opportunity the Subcommittee. (5) Indian water rights and settlements.

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00003 Fmt 0688 Sfmt 0634 E:\BR01\H26FE1.000 H26FE1 February 26, 2001 CONGRESSIONAL RECORD—HOUSE 2195 (6) Cooperative efforts to encourage, en- (10) General and continuing oversight and with the Ranking Minority Member, to ap- hance and improve international programs investigative authority over activities, poli- point Task Forces, or special or select Sub- for the protection of the environment and cies and programs within the jurisdiction of committees, to carry out the duties and the conservation of natural resources other- the Committee under House Rule X. functions of the Committee. wise within the jurisdiction of the Sub- (c) Ex-officio Members.—The Chairman (b) Ex-Officio Members.—The Chairman committee. and Ranking Minority Member of the Com- and Ranking Minority Member of the Com- (7) General and continuing oversight and mittee may serve as ex-officio Members of mittee may serve as ex-officio Members of investigative authority over activities, poli- each standing Subcommittee to which the each Task Force, or special or select Sub- cies and programs within the jurisdiction of Chairman or the Ranking Minority Member committee if they are not otherwise mem- the Subcommittee. have not been assigned. Ex-officio Members bers. Ex-officio Members shall have the right shall have the right to fully participate in Subcommittee on Energy and Mineral Resources to fully participate in activities but may not Subcommittee activities but may not vote vote and may not be counted in establishing (1) All measures and matters concerning and may not be counted in establishing a the U.S. Geological Survey, except for the a quorum. quorum. (c) Party Ratios.—The ratio of Majority activities and programs of the Water Re- (d) Powers and Duties of Subcommittees.— Members to Minority Members, excluding sources Division or its successor. Each Subcommittee is authorized to meet, ex-officio Members, on each Task Force, spe- (2) All measures and matters affecting geo- hold hearings, receive evidence and report to thermal resources. the Committee on all matters within its ju- cial or select Subcommittee shall be as close (3) Conservation of United States uranium risdiction. Each subcommittee shall review as practicable to the ratio on the Full Com- supply. and study, on a continuing basis, the appli- mittee. (4) Mining interests generally, including cation, administration, execution and effec- (d) Temporary Resignation.—A Member all matters involving mining regulation and tiveness of those statutes, or parts of stat- can temporarily resign his or her position on enforcement, including the reclamation of utes, the subject matter of which is within a Subcommittee to serve on a Task Force, mined lands, the environmental effects of that Subcommittee’s jurisdiction; and the special or select Subcommittee without prej- mining, and the management of mineral re- organization, operation, and regulations of udice to the Member’s seniority on the Sub- ceipts, mineral land laws and claims, long- any Federal agency or entity having respon- committee. range mineral programs and deep seabed sibilities in or for the administration of such (e) Chairman and Ranking Minority Mem- mining. statutes, to determine whether these stat- ber.—The Chairman of any Task Force, or (5) Mining schools, experimental stations utes are being implemented and carried out special or select Subcommittee shall be ap- and long-range mineral programs. in accordance with the intent of Congress. pointed by the Chairman of the Committee. (6) Mineral resources on public lands. Each Subcommittee shall review and study The Ranking Minority Members shall select (7) Conservation and development of oil any conditions or circumstances indicating a Ranking Minority Member for each Task and gas resources of the Outer Continental the need of enacting new or supplemental Force, or standing, special or select Sub- Shelf. legislation within the jurisdiction of the committee. (8) Petroleum conservation on the public Subcommittee. RULE 8. RECOMMENDATION OF CONFEREES lands and conservation of the radium supply (e) Referral to Subcommittees; Recall. in the United States. (1) Except as provided in paragraph (2) and Whenever it becomes necessary to appoint (9) Measures and matters concerning the for those matters within the jurisdiction of conferees on a particular measure, the Chair- transportation of natural gas from or within the Full Committee, every legislative meas- man shall recommend to the Speaker as con- Alaska and disposition of oil transported by ure or other matter referred to the Com- ferees those Majority Members, as well as the trans-Alaska oil pipeline. mittee shall be referred to the Sub- those Minority Members recommended to (10) Rights of way over public lands for un- committee of jurisdiction within two weeks the Chairman by the Ranking Minority derground energy-related transportation. of the date of its referral to the Committee. Member, primarily responsible for the meas- (11) Cooperative efforts to encourage, en- If any measure of matter is within or affects ure. The ratio of Majority Members to Mi- hance and improve international programs the jurisdiction of one or more Subcommit- nority Members recommended for con- for the protection of the environment and tees, the Chairman may refer that measure ferences shall be no greater than the ratio on the conservation of natural resources other- or matter simultaneously to two or more the Committee. wise within the jurisdiction of the Sub- Subcommittees for concurrent consideration RULE 9. COMMITTEE RECORDS or for consideration in sequence subject to committee. (a) Segregation of Records.—All Com- appropriate time limits, or divide the matter (12) General and continuing oversight and mittee records shall be kept separate and investigative authority over activities, poli- into two or more parts and refer each part to a Subcommittee. distinct from the office records of individual cies and programs within the jurisdiction of Committee Members serving as Chairmen or the Subcommittee. (2) The Chairman, with the approval of a majority of the Majority Members of the Ranking Minority Members. These records (b) Full Committee.—The Full Committee shall be the property of the House and all shall have the following jurisdiction and re- Committee, may refer a legislative measure or other matter to a select or special Sub- Members shall have access to them in ac- sponsibilities: cordance with clause 2(e)(2) of House Rule (1) Environmental and habitat measures committee. A legislative measure or other XI. and matters of general applicability. matter referred by the Chairman to a Sub- (b) Availability.—The Committee shall (2) Measures relating to the welfare of Na- committee may be recalled from the Sub- make available to the public for review at tive Americans, including management of committee for direct consideration by the reasonable times in the Committee office the Indian lands in general and special measures Full Committee, or for referral to another following records: relating to claims which are paid out of In- Subcommittee, provided Members of the (1) transcripts of public meetings and hear- dian funds. Committee receive one week written notice (3) All matters regarding the relations of of the recall and a majority of the Members ings, except those that are unrevised or un- the United States with Native Americans of the Committee do not object. In addition, edited and intended solely for the use of the and Native American tribes, including spe- a legislative measure or other matter re- Committee; and cial oversight functions under Rule X of the ferred by the Chairman to a Subcommittee (2) the result of each rollcall vote taken in Rules of the House of Representatives. may be recalled from the Subcommittee at the Committee, including a description of (4) All matters regarding Native Alaskans any time by majority vote of the Committee the amendment, motion, order or other prop- and Native Hawaiians. for direct consideration by the Full Com- osition voted on, the name of each Com- (5) All matters related to the Federal trust mittee or for referral to another Sub- mittee Member voting for or against a propo- responsibility to Native Americans and the committee. sition, and the name of each Member present sovereignty of Native Americans. (f) Consultation.—Each Subcommittee but not voting. (6) All matters regarding insular areas of Chairman shall consult with the Chairman of (c) Archived Records.—Records of the Com- the United States. the Full Committee prior to setting dates for mittee which are deposited with the Na- (7) All measures of matters regarding the Subcommittee meetings with a view towards tional Archives shall be made available for Freely Associated States and Antarctica. avoiding whenever possible conflicting Com- public use pursuant to House Rule VII. The (8) Cooperative efforts to encourage, en- mittee and Subcommittee meetings. Chairman of the Committee shall notify the hance and improve international programs (g) Vacancy.—A vacancy in the member- Ranking Minority member of any decision, for the protection of the environment and ship of a Subcommittee shall not affect the pursuant to clause 3(b)(3) or clause 4(b) of the conservation of natural resources other- power of the remaining Members to execute House Rule VII, to withhold, or to provide a wise within the jurisdiction of the Full Com- the functions of the Subcommittee. time, schedule or condition for availability mittee under this paragraph. RULE 7. TASK FORCES, SPECIAL OR SELECT of any record otherwise available. At the (9) All measures and matters retained by SUBCOMMITTEES written request of any Member of the Com- the Full Committee under Committee rule (a) Appointment.—The Chairman of the mittee, the matter shall be presented to the 6(e). Committee is authorized, after consultation Committee for a determination and shall be

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0688 Sfmt 0634 E:\BR01\H26FE1.000 H26FE1 2196 CONGRESSIONAL RECORD—HOUSE February 26, 2001 subject to the same notice and quorum remuneration of, and may remove, the legisla- SPECIAL ORDERS GRANTED quirements for the conduct of business under tive and administrative employees of the Committee Rule 3. Committee not assigned to the Minority. By unanimous consent, permission to (d) Records of Closed Meetings.—Notwith- The legislative and administrative staff of address the House, following the legis- standing the other provisions of this rule, no the Committee not assigned to the Minority lative program and any special orders records of Committee meetings or hearings shall be under the general supervision and heretofore entered, was granted to: which were closed to the public pursuant to direction of the Chairman, who shall estab- (The following Members (at the re- the Rules of the House of Representatives lish and assign the duties and responsibil- quest of Mr. MCHUGH) to revise and ex- shall be released to the public unless the ities of these staff members and delegate any Committee votes to release those records in tend their remarks and include extra- authority he determines appropriate. neous material:) accordance with the procedure used to close (c) Minority Staff.—The Ranking Minority Mr. PAUL, for 5 minutes, February 28. the Committee meeting. Member of the Committee shall appoint, de- (e) Classified Materials.—All classified ma- termine the remuneration of, and may re- Mr. HANSEN, for 5 minutes, today. terials shall be maintained in an appro- move, the legislative and administrative priately secured location and shall be re- staff assigned to the Minority within the f leased only to authorized persons for review, budget approved for those purposes. The leg- who shall not remove the material from the islative and administrative staff assigned to Committee offices without the written per- SENATE BILLS AND CONCURRENT the Minority shall be under the general su- mission of the Chairman. RESOLUTIONS REFERRED pervision and direction of the Ranking Mi- RULE 10. COMMITTEE BUDGET AND EXPENSES nority Member of the Committee who may Bills and concurrent resolutions of (a) Budget.—At the beginning of each Con- delegate any authority he determines appro- the Senate of the following titles were gress, after consultation with the Chairman priate. taken from the Speaker’s table and, of each Subcommittee and the Ranking Mi- (d) Availability.—The skills and services of under the rule, referred as follows: nority Member, the Chairman shall present all Committee staff shall be available to all S. 320. An act to make technical correc- to the Committee for its approval a budget Members of the Committee. covering the funding required for staff, trav- tions in patent, copyright, and trademark el, and miscellaneous expenses. RULE 12. COMMITTEE TRAVEL laws; to the Committee on the Judiciary. (b) Expense Resolution.—Upon approval by In addition to any written travel policies S. 360. An act to honor Paul D. Coverdell; the Committee of each budget, the Chair- the Committee may from time to time to the Committee on International Rela- man, acting pursuant to clause 6 of House adopt, all travel of Members and staff of the tions, in addition to the Committee on Edu- Rule X, shall prepare and introduce in the Committee or its Subcommittees, to hear- cation and the Workforce for a period to be House a supporting expense resolution, and ings, meetings, conferences and investiga- subsequently determined by the Speaker, in take all action necessary to bring about its tions, including all foreign travel, must be each case for consideration of such provi- approval by the Committee on House Admin- authorized by the Full Committee Chairman sions as fall within the jurisdiction of the istration and by the House of Representa- prior to any public notice of the travel and committee concerned. tives. prior to the actual travel. In the case of Mi- S. Con. Res. 12. Concurrent resolution ex- (c) Amendments.—The Chairman shall re- nority staff, all travel shall first be approved pressing the sense of Congress regarding the port to the Committee any amendments to by the Ranking Minority Member. Funds au- importance of organ, tissue, bone marrow, each expense resolution and any related thorized for the Committee under clauses 6 and blood donation, and supporting National changes in the budget. and 7 of House Rule X are for expenses in- Donor Day; to the Committee on Energy and (d) Additional Expenses.—Authorization Commerce. for the payment of additional or unforeseen curred in the Committee’s activities within the United States. S. Con. Res. 13. Concurrent resolution ex- Committee expenses may be procured by one pressing the sense of Congress with respect or more additional expense resolutions proc- RULE 13. CHANGES TO COMMITTEE RULES to the upcoming trip of President George W. essed in the same manner as set out under The rules of the Committee may be modi- Bush to Mexico to meet with newly elected this rule. fied, amended, or repealed, by a majority President Vicente Fox, and with respect to (e) Monthly Reports.—Copies of each vote of the Committee, provided that 48 future cooperative efforts between the monthly report, prepared by the Chairman hours written notice of the proposed change United States and Mexico; to the Committee for the Committee on House Administration, has been provided each Member of the Com- on International Relations. which shows expenditures made during the mittee prior to the meeting date on which reporting period and cumulative for the the changes are to be discussed and voted on. f year, anticipated expenditures for the pro- A change to the rules of the Committee shall jected Committee program, and detailed in- be published in the Congressional Record no formation on travel, shall be available to ADJOURNMENT later than 30 days after its approval. each Member. Mr. MCHUGH. Mr. Speaker, I move RULE 14. OTHER PROCEDURES RULE 11. COMMITTEE STAFF that the House do now adjourn. (a) Rules and Policies.—Committee staff The Chairman may establish procedures The motion was agreed to; accord- members are subject to the provisions of and take actions as may be necessary to ingly (at 2 o’clock and 5 minutes p.m.), carry out the rules of the Committee or to clause 9 of House Rule X, as well as any writ- under its previous order, the House ad- ten personnel policies the Committee may facilitate the effective administration of the from time to time adopt. Committee, in accordance with the rules of journed until tomorrow, Tuesday, Feb- (b) Majority and Nonpartisan Staff.—The the Committee and the Rules of the House of ruary 27, 2001, at 12:30 p.m., for morning Chairman shall appoint, determineh the re- Representatives. hour debates. EXPENDITURE REPORTS CONCERNING OFFICIAL FOREIGN TRAVEL Reports concerning the foreign currencies and U.S. dollars utilized for official foreign travel during the fourth quarter of 2000, by Committees of the House of Representatives, pursuant to Public Law 95–384, and for miscellaneous groups in connection with official foreign travel during the first quarter of 2000 are as follows:

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Date Per diem 1 Transportation Other purposes Total U.S. dollar U.S. dollar U.S. dollar U.S. dollar Name of Member or employee Country Foreign equivalent Foreign equivalent Foreign equivalent Foreign equivalent Arrival Departure currency or U.S. currency or U.S. currency or U.S. currency or U.S. currency 2 currency 2 currency 2 currency 2

Lynn Gallagher ...... 11 /28 11 /30 Switzerland ...... 472.00 ...... 6,562.96 ...... 7,034.96 11/30 12/2 Belgium ...... 376.00 ...... 376.00 Andy Baker ...... 11/28 11/30 Switzerland ...... 472.00 ...... 6,562.96 ...... 7,034.96 11/30 12/2 Belgium ...... 376.00 ...... 376.00

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0688 Sfmt 8634 E:\BR01\H26FE1.000 H26FE1 February 26, 2001 CONGRESSIONAL RECORD—HOUSE 2197 REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON AGRICULTURE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000— Continued

Committee total ...... 1,696.00 ...... 13,125.92 ...... 14,821.92 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. LARRY COMBEST, Chairman, Jan. 24, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON GOVERNMENT REFORM, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Hon. John Mica ...... 12/10 12/17 Italy ...... 1,222.00 ...... 852.61 ...... Scott Billingsley ...... 12 /10 12 /17 Italy ...... 1,222.00 ...... 2,611.23 ...... Sharon Pinkerton ...... 12 /10 12 /17 Italy ...... 1,222.00 ...... 1,187.01 ...... 41.33 ...... Hon. Christopher Shays ...... 11/26 11 /27 UK ...... 341.00 ...... 6,770.40 ...... 11/28 12/1 Switzerland ...... 858.00 ...... 12/1 12/4 Belgium ...... 714.00 ...... Larry Halloran ...... 11/26 11/27 UK ...... 341.00 ...... 6,974.22 ...... 11/28 12/1 Switzerland ...... 858.00 ...... 12/1 12/4 Belgium ...... 714.00 ...... Nick Palarino ...... 11 /26 11 /27 UK ...... 341.00 ...... 6,996.42 ...... 11/28 12/1 Switzerland ...... 858.00 ...... 56.27 ...... 12/1 12/4 Belgium ...... 714.00 ...... James Wilson ...... 11 /25 11/26 UK ...... 341.00 ...... 723.55 ...... 11/26 12/01 Switzerland ...... 858.00 ...... Hon. Henry Waxman ...... 12 /7 12 /12 Israel ...... 2,138.00 ...... 6,769.78 ...... Phil Barnett ...... 12/4 12/12 Israel ...... 2,968.00 ...... 5,044.42 ...... Committee total ...... 15,710.00 ...... 37,985.91 ...... 41.33 ...... 53,737.24 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAN BURTON, Chairman, Jan. 31, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON RULES, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Hon. Tony P. Hall ...... 11/23 11/30 North & South Korea ...... 1,581.00 ...... 8,556.80 ...... 10,137.80 Committee total ...... 1,581.00 ...... 8,556.80 ...... 10,137.80 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. DAVID DREIER, Chairman, Jan. 31, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, COMMITTEE ON STANDARDS OF OFFICIAL CONDUCT, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

FOR HOUSE COMMITTEES Please Note: If there were no expenditures during the calandar quarter noted above, please check the box at right to so indicate and return ◊ 1 Per diem constitutes lodging and meals. 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. JOEL HEFLEY, Chairman, Feb. 7, 2001.

REPORT OF EXPENDITURES FOR OFFICIAL FOREIGN TRAVEL, PERMANENT SELECT COMMITTEE ON INTELLIGENCE, HOUSE OF REPRESENTATIVES, EXPENDED BETWEEN OCT. 1 AND DEC. 31, 2000

Wyndee Parker ...... 10/31 11/12 Africa ...... 2,582.00 ...... 2,582.00 Commercial airfare ...... 8,726.13 ...... 8,726.13 Robert Emmett ...... 10 /31 11/12 Africa ...... 2,582.00 ...... 2,582.00 Commercial airfare ...... 8,726.13 ...... 8,726.13 Jay Jakub ...... 1 /11 11 /19 Asia ...... 1,364.63 ...... 1,364.63 Commercial airfare ...... 4,799.80 ...... 4,799.80 Merrell Moorhead ...... 11 /17 11 /21 Europe ...... 972.00 ...... (3) ...... 972.00 Brant Bassett ...... 12 /8 12 /17 Middle East ...... 2,270.00 ...... 2,270.00 Commercial airfare ...... 6,567.70 ...... 6,567.70 John Stopher ...... 12 /8 12 /17 Middle East ...... 2,270.00 ...... 2,270.00 Commercial airfare ...... 6,567.70 ...... 6,567.70 Committee total ...... 12,040.63 ...... 35,387.46 ...... 47,428.09 1 Per diem constitutes lodging and meals.

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0688 Sfmt 8634 E:\BR01\H26FE1.000 H26FE1 2198 CONGRESSIONAL RECORD—HOUSE February 26, 2001 2 If foreign currency is used, enter U.S. dollar equivalent; if U.S. currency is used, enter amount expended. 3 Military air transportation. PORTER GOSS, Chairman, Jan. 25, 2001.

EXECUTIVE COMMUNICATIONS, 864. A letter from the Chairman, Federal Health and Human Services, transmitting ETC. Energy Regulatory Commission, transmit- the Department’s ‘‘Major’’ final rule—Med- ting the 2000 Annual Report of the Federal icaid Program; Change in Application of Under clause 8 of rule XII, executive Energy Regulatory Commission, pursuant to Federal Financial Participation Limits communications were taken from the 16 U.S.C. 797(d); to the Committee on Energy [HCFA–2086–F] (RIN: 0938–AJ96) received Speaker’s table and referred as follows: and Commerce. February 13, 2001, pursuant to 5 U.S.C. 854. A letter from the Acting Executive Di- 865. A letter from the Chairman, Nuclear 801(a)(1)(A); to the Committee on Energy and rector, Commodity Futures Trading Com- Regulatory Commission, transmitting a copy Commerce. mission, transmitting the Commission’s of the Commission’s report in compliance 873. A letter from the Attorney, NHTSA, final rule—Investment of Customer Funds with the Government in the Sunshine Act Department of Transportation, transmitting (RIN: 3038–AB56) received February 7, 2001, during the calendar year 2000, pursuant to 16 the Department’s final rule—Federal Motor pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- U.S.C. 797(d); to the Committee on Energy Vehicle Safety Standards; Electric-Powered mittee on Agriculture. and Commerce. Vehicles: Electrolyte Spillage and Electrical 855. A letter from the the Director, the Of- 866. A letter from the Assistant General Shock Protection: Delay of Effective Date fice of Management and Budget, transmit- Counsel for Regulatory Law, Office of En- [Docket No. NHTSA–98–4515; Notice 3] (RIN: ting the cumulative report on rescissions ergy Efficiency and Renewable Energy, De- 2127–AF43) received February 2, 2001, pursu- and deferrals of budget authority as of Feb- partment of Energy, transmitting the De- ant to 5 U.S.C. 801(a)(1)(A); to the Committee ruary 1, 2001, pursuant to 2 U.S.C. 685(e); (H. partment’s final rule—Energy Efficiency on Energy and Commerce. Doc. No. 107–46); to the Committee on Appro- Program for Commercial and Industrial 874. A letter from the Deputy Associate priations and ordered to be printed. Equipment; Efficiency Standards for Com- Administrator, Environmental Protection 856. A letter from the Principal Deputy mercial Heating, Air Conditioning and Water Agency, transmitting the Agency’s final Under Secretary of Defense, Department of Heating Equipment [Docket No. EE–RM/ rule—Lead and Lead Compounds; Lowering Defense, transmitting the annual report de- STD–00–100] (RIN: 1904–AB06) received Feb- of Reporting Thresholds; Community Right- tailing test and evaluation activities of the ruary 9, 2001, pursuant to 5 U.S.C. to-Know Toxic Chemical Release Reporting: Foreign Comparative Testing Program dur- 801(a)(1)(A); to the Committee on Energy and Delay of Effective Date [OPPTS–40014D; ing FY 2000, pursuant to 10 U.S.C. 2350a(g); to Commerce. FRL–6722–10] (RIN: 2025–AA05) received Feb- the Committee on Armed Services. 867. A letter from the Assistant General ruary 14, 2001, pursuant to 5 U.S.C. 857. A letter from the Deputy Secretary, Counsel for Regulatory Law, Office of En- 801(a)(1)(A); to the Committee on Energy and Department of Defense, transmitting the re- ergy Efficiency and Renewable Energy, De- Commerce. port to Congress for Department of Defense partment of Energy, transmitting the De- 875. A letter from the Special Assistant to purchases from foreign entities in fiscal year partment’s final rule—Energy Conservation the Bureau Chief, Mass Media Bureau, Fed- 2000, pursuant to Public Law 104—201, section Program for Consumer Products; Central Air eral Communications Commission, transmit- 827 (110 Stat. 2611); to the Committee on Conditioners and Heat Pumps Energy Con- ting the Commission’s final rule—Implemen- Armed Services. servation Standards [Docket No. EE–RM–97– tation of Video Description of Video Pro- 858. A letter from the Chairman, Depart- 440] (RIN: 1904–AA77) received February 9, gramming [MM Docket No. 99–339] received ment of Defense Retirement Board of Actu- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the February 2, 2001, pursuant to 5 U.S.C. aries, transmitting the Board’s 2000 Report Committee on Energy and Commerce. 801(a)(1)(A); to the Committee on Energy and on the status of the Department of Defense 868. A letter from the Assistant General Commerce. Military Retirement Fund, pursuant to 10 Counsel for Regulatory Law, Office of En- 876. A letter from the Special Assistant to U.S.C. 1464(c); to the Committee on Armed ergy Efficiency and Renewable Energy, De- the Bureau Chief, Mass Media Bureau, Fed- Services. partment of Energy, transmitting the De- eral Communications Commission, transmit- 859. A letter from the Principal Deputy partment’s final rule—Alternate Fuel Trans- ting the Commission’s final rule—Amend- Under Secretary of Defense, Department of portation Program; Biodiesel Fuel Use Cred- ment of Section 73.202(b) Table of Allot- Defense, transmitting a report entitled, it (RIN: 1904–AB00) received February 9, 2001, ments, FM Broadcast Stations (Columbia ‘‘Distribution of DoD Depot Maintenance pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- City, Florida) [MM Docket No. 97–252; RM– Workloads for Fiscal Years 1999 and 2000’’; to mittee on Energy and Commerce. 9602] received February 2, 2001, pursuant to 5 the Committee on Armed Services. 869. A letter from the Assistant General U.S.C. 801(a)(1)(A); to the Committee on En- 860. A letter from the Director of Defense Counsel for Regulatory Law, Office of En- ergy and Commerce. Research and Engineering, Department of ergy Efficiency and Renewable Energy, De- 877. A letter from the Special Assistant to Defense, transmitting two reports entitled, partment of Energy, transmitting the De- the Bureau Chief, Mass Media Bureau, Fed- ‘‘Efficient Utilization of Defense Labora- partment’s final rule—Energy Conservation eral Communications Commission, transmit- tories’’ and the ‘‘Test and Evaluation Capa- Program for Consumer Products; Clothes ting the Commission’s final rule—Review of bilities’’ are provided in response to section Washer Energy Conservation Standards the Commission’s Regulations Governing At- 913(a) of the National Defense Authorization [Docket No. EE–RM–94–403] (RIN: 1904–AA67) tribution Of Broadcast and Cable/MDS Inter- Act for Fiscal Year 2000 (NDAA FY00); to the received February 9, 2001, pursuant to 5 ests [MM Docket No. 94–150] Review of the Committee on Armed Services. U.S.C. 801(a)(1)(A); to the Committee on En- Commission’s Regulations and Policies Af- 861. A letter from the Assistant Secretary ergy and Commerce. fecting Investment In the Broadcast Indus- of Housing—Federal Housing Commissioner, 870. A letter from the Director, Regula- try [MM Docket No. 92–51] Reexamination of Department of Housing and Urban Develop- tions Policy and Management Staff, FDA, the Commission’s Cross-Interest Policy [MM ment, transmitting a report entitled, ‘‘Build- Department of Health and Human Services, Docket No. 87–154] received February 9, 2001, ing the Public Trust: A Report to Congress transmitting the Department’s final rule— pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- on Fair Housing in America Management Re- Human Cells, Tissues, and Celluar and Tis- mittee on Energy and Commerce. form,’’ pursuant to 12 U.S.C. 1709(v); to the sue-Based Products; Establishment Registra- 878. A letter from the Special Assistant to Committee on Financial Services. tion and Listing [Docket No. 97N–484R] re- the Bureau Chief, Mass Media Bureau, Fed- 862. A letter from the Assistant to the ceived February 9, 2001, pursuant to 5 U.S.C. eral Communications Commission, transmit- Board, Board of Governors of the Federal Re- 801(a)(1)(A); to the Committee on Energy and ting the Commission’s final rule—Implemen- serve System, transmitting the Board’s final Commerce. tation of Video Description of Video Pro- rule—Financial Subsidiaries [Regulation H; 871. A letter from the Director, Regula- gramming [MM Docket No. 99–339] received Docket No. R–1066] received February 5, 2001, tions Policy and Management Staff, FDA, February 9, 2001, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Department of Health and Human Services, 801(a)(1)(A); to the Committee on Energy and mittee on Financial Services. transmitting the Department’s final rule— Commerce. 863. A letter from the Director, Corporate Hazard Analysis and Critical Control Point 879. A letter from the Chief, Policy and Policy and Research Department, Pension (HAACP); Procedures for the Safe and Sani- Rules Division, Office of Engineering & Benefit Guaranty Corporation, transmitting tary Processing and Importing of Juice Technology, Federal Communications Com- the Corporation’s final rule—Benefits Pay- [Docket No. 97N–0511] (RIN: 0910–AA43) re- mission, transmitting the Commission’s able in Terminated Single-Employer Plans; ceived February 6, 2001, pursuant to 5 U.S.C. final rule—Amendment of Part 2 of the Com- Allocation of Assets in Single-Employer 801(a)(1)(A); to the Committee on Energy and mission’s Rules to Allocate Additional Spec- Plans; Interest Assumptions for Valuing and Commerce. trum to the Inter-Satellite, Fixed, and Mo- Paying Benefits—received February 1, 2001, 872. A letter from the Deputy Executive bile Services and to Permit Unlicensed De- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Secretary to the Department, Health Care vices to Use Certain Segments in the 50.2– mittee on Education and the Workforce. Financing Administration, Department of 50.4 GHz and 51.4–71.0 GHz Bands [ET Docket

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0688 Sfmt 0634 E:\BR01\H26FE1.000 H26FE1 February 26, 2001 CONGRESSIONAL RECORD—HOUSE 2199 No. 99–261] received February 9, 2001, pursu- 889. A letter from the Chairman, Council of 901. A letter from the Chairman, Council of ant to 5 U.S.C. 801(a)(1)(A); to the Committee the District of Columbia, transmitting a the District of Columbia, transmitting copy on Energy and Commerce. copy of D.C. ACT 13–599, ‘‘Omnibus Trusts of D.C. ACT 13–589, ‘‘Necessity for Council 880. A letter from the Chief, Policy and and Estates Amendment Act of 2000’’ re- Review and Approval of Standards for Public Rules Division, Office of Engineering & ceived February 16, 2001, pursuant to D.C. Art on Special Signs in the District of Co- Technology, Federal Communications Com- Code section 1—233(c)(1); to the Committee lumbia Temporary Act of 2001’’ received Feb- mission, transmitting the Commission’s on Government Reform. ruary 16, 2001, pursuant to D.C. Code section final rule—Amendment of Parts 2 and 25 of 890. A letter from the Chairman, Council of 1—233(c)(1); to the Committee on Govern- the Commission’s Rules to Permit Operation the District of Columbia, transmitting a ment Reform. of NGSO FSS Systems Co-Frequency with copy of D.C. ACT 13–588, ‘‘John T. ‘Big John’ 902. A letter from the Chairman, Council of GSO and Terrestrial Systems in the Ku-Band Williams Building Designation Temporary the District of Columbia, transmitting a Frequency Range [ET Docket No. 98–206; Act of 2000’’ received February 16, 2001, pur- copy of D.C. ACT 13–591, ‘‘Harry L. Thomas, RM–9147; RM–9245] Amendment of the Com- suant to D.C. Code section 1—233(c)(1); to the Sr., Recreation Center Designation Act of mission’s Rules to Authorize Subsidiary Ter- Committee on Government Reform. 2000’’ received February 16, 2001, pursuant to restrial Use of the 12.2–12.7 GHz Band by Di- 891. A letter from the Chairman, Council of D.C. Code section 1—233(c)(1); to the Com- rect Broadcast Satellite Licensees and Their the District of Columbia, transmitting a mittee on Government Reform. Affiliates; and Applications of Broadwave copy of D.C. ACT 13–592, ‘‘Motor Vehicle and 903. A letter from the Executive Director, USA, PDC Broadband Corporation, and Sat- Safe Driving Amendment Act of 2000’’ re- District of Columbia Financial Responsi- ellite Receivers, Ltd. to Provide A Fixed ceived February 16, 2001, pursuant to D.C. bility and Management Assistance Author- Service in the 12.2–12.7 GHz Band—Received Code section 1—233(c)(1); to the Committee ity, transmitting a report on General Pur- February 9, 2001, pursuant to 5 U.S.C. on Government Reform. pose Financial Statements and the Inde- 801(a)(1)(A); to the Committee on Energy and 892. A letter from the Chairman, Council of pendent Auditor’s Report for the fiscal year Commerce. the District of Columbia, transmitting a ended September 30, 2000; to the Committee 881. A letter from the Chief, Policy and copy of D.C. ACT 13–594, ‘‘Tree Protection on Government Reform. Rules Division, Office of Engineering & Amendment Act of 2000’’ received February 904. A letter from the Assistant Director Technology, Federal Communications Com- 16, 2001, pursuant to D.C. Code section 1— for Legislative Affairs, Equal Employment mission, transmitting the Commission’s 233(c)(1); to the Committee on Government Opportunity Commission, transmitting a final rule—Amendment of the Commission’s Reform. copy of the Commission’s report in compli- Rules With Regard to the 3650–3700 MHz Gov- 893. A letter from the Chairman, Council of ance with the Government in the Sunshine ernment Transfer Band [ET Docket No. 98– the District of Columbia, transmitting a Act during the calendar year 2000, pursuant 237; RM–9411] The 4.9 GHz Band Transferred copy of D.C. ACT 13–598, ‘‘Closing of a Public to 5 U.S.C. 552b(j); to the Committee on Gov- from Federal Government Use [WT Docket Alley in Square 209, S.O. 2000–37, Temporary ernment Reform. No. 00–32] received February 9, 2001, pursuant Act of 2001’’ received February 16, 2001, pur- 905. A letter from the United States Trade to 5 U.S.C. 801(a)(1)(A); to the Committee on suant to D.C. Code section 1—233(c)(1); to the Representative, Executive Office of the Energy and Commerce. Committee on Government Reform. President, transmitting a report entitled, 894. A letter from the Chairman, Council of 882. A letter from the Secretary, Federal ‘‘2000 Annual Inventory of Commercial Ac- the District of Columbia, transmitting a Trade Commission, transmitting the Com- tivities Under the Federal Activities Inven- copy of D.C. ACT 13–596, ‘‘Fire/EMS Excepted mission’s final rule—Trade Regulation Rule tory Reform Act P.L. 105–270’’; to the Com- Service Designation Temporary Act of 2001’’ Relating To Power Output Claims For Am- mittee on Government Reform. received February 16, 2001, pursuant to D.C. plifiers Utilized in Home Entertainment 906. A letter from the Chairman, Federal Code section 1—233(c)(1); to the Committee Products—received February 2, 2001, pursu- Deposit Insurance Corporation, transmitting on Government Reform. ant to 5 U.S.C. 801(a)(1)(A); to the Committee 895. A letter from the Chairman, Council of a copy of the annual report in compliance on Energy and Commerce. the District of Columbia, transmitting a with the Government in the Sunshine Act 883. A letter from the Chairman, Council of copy of D.C. ACT 13–601, ‘‘Closing of a Public during the calendar year 2000, pursuant to 5 the District of Columbia, transmitting a Alley in Square 741, S.O. 00–82, Act of 2000’’ U.S.C. 552b(j); to the Committee on Govern- copy of D.C. ACT 13–602, ‘‘Galen Tait Memo- received February 16, 2001, pursuant to D.C. ment Reform. rial Park Designation Act of 2000’’ received Code section 1—233(c)(1); to the Committee 907. A letter from the Acting Director, Fish February 16, 2001, pursuant to D.C. Code sec- on Government Reform. and Wildlife Service, Division of Endangered tion 1—233(c)(1); to the Committee on Gov- 896. A letter from the Chairman, Council of Species, Department of the Interior, trans- ernment Reform. the District of Columbia, transmitting a mitting the Department’s final rule—Endan- 884. A letter from the Chairman, Council of copy of D.C. ACT 13–600, ‘‘Uniform Child-Cus- gered and Threatened Wildlife and Plants; the District of Columbia, transmitting a tody Jurisdiction and Enforcement Act of Final Determination of Critical Habitat for copy of D.C. ACT 13–582, ‘‘Waverly Alley Des- 2000’’ received February 16, 2001, pursuant to the Morro Shoulderband Snail ignation Act of 2000’’ received February 16, D.C. Code section 1—233(c)(1); to the Com- (Helminthoglypta walkeriana) (RIN: 1018– 2001, pursuant to D.C. Code section 1— mittee on Government Reform. AG27) received February 6, 2001, pursuant to 233(c)(1); to the Committee on Government 897. A letter from the Chairman, Council of 5 U.S.C. 801(a)(1)(A); to the Committee on Reform. the District of Columbia, transmitting a Resources. 885. A letter from the Chairman, Council of copy of D.C. ACT 13–577, ‘‘Fair Phone 908. A letter from the Acting Director, Fish the District of Columbia, transmitting a Charges for Prisoners Act of 2000’’ received and Wildlife Service, Department of the Inte- copy of D.C. ACT 13–581, ‘‘Freedom of Infor- February 16, 2001, pursuant to D.C. Code sec- rior, transmitting the Department’s final mation Amendment Act of 2000’’ received tion 1—233(c)(1); to the Committee on Gov- rule—Endangered and Threatened Wildlife February 16, 2001, pursuant to D.C. Code sec- ernment Reform. and Plants; Final Determination of Critical tion 1—233(c)(1); to the Committee on Gov- 898. A letter from the Chairman, Council of Habitat for the Zayante Band-Winged Grass- ernment Reform. the District of Columbia, transmitting a hopper (RIN: 1018–AG28) received February 6, 886. A letter from the Chairman, Council of copy of D.C. ACT 13–578, ‘‘Abatement and 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the the District of Columbia, transmitting a Condemnation of Nuisance Properties Omni- Committee on Resources. copy of D.C. ACT 13–573, ‘‘Public Access to bus Amendment Act of 2000’’ received Feb- 909. A letter from the Acting Director, Of- Automated External Defibrillator Act of ruary 16, 2001, pursuant to D.C. Code section fice of Sustainable Fisheries, NMFS, Na- 2000’’ received February 16, 2001, pursuant to 1—233(c)(1); to the Committee on Govern- tional Oceanic and Atmospheric Administra- D.C. Code section 1—233(c)(1); to the Com- ment Reform. tion, transmitting the Department’s final mittee on Government Reform. 899. A letter from the Chairman, Council of rule—Fisheries Off West Coast States and in 887. A letter from the Chairman, Council of the District of Columbia, transmitting a the Western Pacific; West Coast Salmon the District of Columbia, transmitting a copy of D.C. ACT 13–579, ‘‘Anthony W. Simms Fisheries; Closures and Inseason Adjust- copy of D.C. ACT 13–574, ‘‘Technical Amend- Tunnel Designation Act of 2000’’ received ments from the U.S.-Canada Border to the ment Act of 2000’’ received February 16, 2001, February 16, 2001, pursuant to D.C. Code sec- Oregon-California Border [Docket No. pursuant to D.C. Code section 1—233(c)(1); to tion 1—233(c)(1); to the Committee on Gov- 000501119–01; I.D. 102300B] received February the Committee on Government Reform. ernment Reform. 5, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to 888. A letter from the Chairman, Council of 900. A letter from the Chairman, Council of the Committee on Resources. the District of Columbia, transmitting a the District of Columbia, transmitting a 910. A letter from the Director, Office of copy of D.C. ACT 13–575, ‘‘Individuals with copy of D.C. ACT 13–583, ‘‘Closing of a Public Sustainable Fisheries, NMFS, National Oce- Disabilities Parking Reform Amendment Act Alley in Square 209, S.O. 2000–37, Act of 2000’’ anic and Atmospheric Administration, trans- of 2000’’ received February 16, 2001, pursuant received February 16, 2001, pursuant to D.C. mitting the Administration’s final rule—At- to D.C. Code section 1—233(c)(1); to the Com- Code section 1—233(c)(1); to the Committee lantic Highly Migratory Species; Pelagic mittee on Government Reform. on Government Reform. Longline Fishery Vessel Monitoring Systems

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00008 Fmt 0688 Sfmt 0634 E:\BR01\H26FE1.000 H26FE1 2200 CONGRESSIONAL RECORD—HOUSE February 26, 2001 [I.D. 110800A] (RIN: 0648–AJ67) received Feb- partment of Transportation, transmitting 928. A letter from the Program Analyst, ruary 12, 2001, pursuant to 5 U.S.C. the Department’s final rule—Drawbridge Op- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Resources. eration Regulations; Hillsborough River, mitting the Department’s final rule—Air- 911. A letter from the Acting Assistant Ad- Tampa, FL [CGD07–01–003] (RIN: 2115–AE47) worthiness Directives; British Aerospace ministrator for Fisheries, NMFS, National received February 8, 2001, pursuant to 5 (Jetstream) Model 4101 Airplanes [Docket Oceanic and Atmospheric Administration, U.S.C. 801(a)(1)(A); to the Committee on No. 99–NM–250–AD; Amendment 39–12058; AD transmitting the Administration’s final Transportation and Infrastructure. 2000–26–08] (RIN: 2120–AA64) received Feb- rule—Fisheries of the Northeastern United 920. A letter from the Chief, Office of Regu- ruary 8, 2001, pursuant to 5 U.S.C. States; Summer Flounder, Scup, and Black lations and Administrative Law, USCG, De- 801(a)(1)(A); to the Committee on Transpor- Sea Bass Fisheries; Emergency for the Sum- partment of Transportation, transmitting tation and Infrastructure. mer Flounder Fishery; Extension of an Expi- the Department’s final rule—Drawbridge Op- 929. A letter from the Program Analyst, ration Date [Docket No. 000727220–0220–01; eration Regulations; Brorein Street Bridge, FAA, Department of Transportation, trans- I.D. 072400A] (RIN: 0648–AO32) received Feb- across the Hillsborough River, Tampa, FL mitting the Department’s final rule—Air- ruary 12, 2001, pursuant to 5 U.S.C. [CGD07–01–009] received February 8, 2001, pur- worthiness Directives; Dornier Model 328–100 801(a)(1)(A); to the Committee on Resources. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Series Airplanes [Docket No. 97–NM–201–AD; 912. A letter from the Acting Director, Of- mittee on Transportation and Infrastruc- Amendment 39–12059; AD 2000–26–09] (RIN: fice of Sustainable Fisheries, NMFS, Na- ture. 2120–AA64) received February 8, 2001, pursu- tional Oceanic and Atmospheric Administra- 921. A letter from the Chief, Office of Regu- ant to 5 U.S.C. 801(a)(1)(A); to the Committee tion, transmitting the Administration’s final lations and Administrative Law, USCG, De- on Transportation and Infrastructure. rule—Fisheries of the Exclusive Economic partment of Transportation, transmitting 930. A letter from the Program Analyst, Zone Off Alaska; Pollock in Statistical Area the Department’s final rule—Drawbridge Op- FAA, Department of Transportation, trans- 610 of the Gulf of Alaska [Docket No. eration Regulations; Harlem River, NY mitting the Department’s final rule—Air- 010112013–1301–01; I.D. 012901A] received Feb- [CGD01–01–008] received February 8, 2001, pur- worthiness Directives; British Aerospace ruary 12, 2001, pursuant to 5 U.S.C. suant to 5 U.S.C. 801(a)(1)(A); to the Com- Model BAe 146 and Model Avro 146–RJ Series 801(a)(1)(A); to the Committee on Resources. mittee on Transportation and Infrastruc- Airplanes [Docket No. 99–NM–190–AD; 913. A letter from the Acting Director, Of- ture. Amendment 39–12057; AD 2000–26–07] (RIN: 922. A letter from the Chief, Office of Regu- fice of Sustainable Fisheries, NMFS, Na- 2120–AA64) received February 8, 2001, pursu- lations and Administrative Law, USCG, De- tional Oceanic and Atmospheric Administra- ant to 5 U.S.C. 801(a)(1)(A); to the Committee partment of Transportation, transmitting tion, transmitting the Administration’s final on Transportation and Infrastructure. the Department’s final rule—Drawbridge Op- rule—Fisheries of the Exclusive Economic 931. A letter from the Program Analyst, eration Regulations; Sanibel Causeway Zone Off Alaska; Atka Mackerel in the East- FAA, Department of Transportation, trans- Bridge [CGD07–01–005] received February 8, ern Aleutian District and Bering Sea Sub- mitting the Department’s final rule—Air- 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the area of the Bering Sea and Aleutian Islands worthiness Directives; BAe Systems (Oper- Committee on Transportation and Infra- [Docket No. 010112013–1013–01; I.D. 012201D] ations) Limited Model ATP Airplanes [Dock- structure. received February 12, 2001, pursuant to 5 923. A letter from the Chief, Office of Regu- et No. 99–NM–249–AD; Amendment 39–12060; U.S.C. 801(a)(1)(A); to the Committee on Re- lations and Administrative Law, USCG, De- AD 2000–26–10] (RIN: 2120–AA64) received Feb- sources. partment of Transportation, transmitting ruary 8, 2001, pursuant to 5 U.S.C. 914. A letter from the Acting Assistant Ad- the Department’s final rule—Drawbridge Op- 801(a)(1)(A); to the Committee on Transpor- ministrator, NMFS, National Oceanic and eration Regulations; Chelsea River, MA tation and Infrastructure. Atmospheric Administration, transmitting [CGD01–01–013] received February 8, 2001, pur- 932. A letter from the Program Analyst, the Administration’s final rule—Fisheries of suant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- the Northeastern United States; Atlantic mittee on Transportation and Infrastruc- mitting the Department’s final rule—Air- Sea Scallop Fishery; Extension of Closed ture. worthiness Directives; Industrie Areas [Docket No. 001120324–1030–02; I.D. 924. A letter from the Chief, Office of Regu- Aeronautiche e Meccaniche Model Piaggio 110700D] (RIN: 0648–AO71) received February lations and Administrative Law, USCG, De- P–180 Airplanes [Docket No. 99–CE–34–AD; 15, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to partment of Transportation, transmitting Amendment 39–12053; AD 2000–03–19] (RIN: the Committee on Resources. the Department’s final rule—Drawbridge Op- 2120–AA64) received February 8, 2001, pursu- 915. A letter from the Deputy General eration Regulations; Hillsborough River ant to 5 U.S.C. 801(a)(1)(A); to the Committee Counsel, FBI, Department of Justice, trans- [CGD07–01–002] (RIN: 2115–AE47) received on Transportation and Infrastructure. mitting the Department’s final rule—Na- February 8, 2001, pursuant to 5 U.S.C. 933. A letter from the Chief, Office of Regu- tional Instant Criminal Background Check 801(a)(1)(A); to the Committee on Transpor- lations and Administrative Law, USCG, De- System Regulation [AG Order No. 2354–2001]; tation and Infrastructure. partment of Transportation, transmitting [FBI 105F] (RIN: 1110–AA02) received Feb- 925. A letter from the Program Analyst, the Department’s final rule—Revision to ruary 2, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- Federal Blood Alcohol Concentration (BAC) 801(a)(1)(A); to the Committee on the Judici- mitting the Department’s final rule—Air- Standard for Recreational Vessel Operators: ary. worthiness Directives; Airbus Model A300 B2 Delay of Effective Date [USCG–1998–4593] 916. A letter from the Rules Administrator, and B4 Series Airplanes, and Model A300 B4– (RIN: 2115–AF72) received February 2, 2001, Federal Bureau of Prisons, Department of 600, A300 B4–600R, and A300 F4–600R (A300– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- Justice, transmitting the Department’s final 600) Series Airplanes [Docket No. 2000–NM– mittee on Transportation and Infrastruc- rule—Drug Abuse Treatment and Intensive 48–AD; Amendment 39–12052; AD 2000–26–03] ture. Confinement Center Programs: Early Re- (RIN: 2120–AA64) received February 8, 2001, 934. A letter from the Program Analyst, lease Consideration [BOP–1034–F; BOP–1052– pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- FAA, Department of Transportation, trans- F; BOP–1070–F] (RIN: 1120–AA36; RIN: 1120– mittee on Transportation and Infrastruc- mitting the Department’s final rule—Estab- AA66) received February 15, 2001, pursuant to ture. lishment of Class E Airspace; Cape 5 U.S.C. 801(a)(1)(A); to the Committee on the 926. A letter from the Program Analyst, Romanzof, AK [Airspace Docket No. 00–AAL– Judiciary. FAA, Department of Transportation, trans- 13] received February 2, 2001, pursuant to 5 917. A letter from the Acting Vice Presi- mitting the Department’s final rule—Air- U.S.C. 801(a)(1)(A); to the Committee on dent for Government Affairs, Amtrak, trans- worthiness Directives; BMW Rolls-Royce Transportation and Infrastructure. mitting the 2000 Annual Report, and Am- GmbH Models BR700–710A1–10 and BR700– 935. A letter from the Program Analyst, trak’s FY 2002 Legislative Report and Grant 710A2–20 Turbofan Engines [Docket No. 2000– FAA, Department of Transportation, trans- Request, pursuant to 12 U.S.C. 1701y(f)(2); to NE–44–AD; Amendment 39–12071; AD 2001–01– mitting the Department’s final rule—Estab- the Committee on Transportation and Infra- 01] (RIN: 2120–AA64) received February 8, lishment of Class E Airspace; Prineville, OR structure. 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to the [Airspace Docket No. 00–ANM–14] received 918. A letter from the Chief, Office of Regu- Committee on Transportation and Infra- February 12, 2001, pursuant to 5 U.S.C. lations and Administrative Law, USCG, De- structure. 801(a)(1)(A); to the Committee on Transpor- partment of Transportation, transmitting 927. A letter from the Program Analyst, tation and Infrastructure. the Department’s final rule—Drawbridge Op- FAA, Department of Transportation, trans- 936. A letter from the Program Analyst, eration Regulations; Sacramento River, CA mitting the Department’s final rule—Civil FAA, Department of Transportation, trans- [CGD11–01–001] received February 8, 2001, pur- Penalty Actions in Commercial Space Trans- mitting the Department’s final rule—Estab- suant to 5 U.S.C. 801(a)(1)(A); to the Com- portation [Docket No. FAA–2001–8607; lishment of Class E Airspace; Sparrevohn, mittee on Transportation and Infrastruc- Amendment Nos. 405–2 406–2] (RIN: 2120– AK [Airspace Docket No. 00–AAL–10] re- ture. AH18) received February 2, 2001, pursuant to ceived February 12, 2001, pursuant to 5 U.S.C. 919. A letter from the Chief, Office of Regu- 5 U.S.C. 801(a)(1)(A); to the Committee on 801(a)(1)(A); to the Committee on Transpor- lations and Administrative Law, USCG, De- Transportation and Infrastructure. tation and Infrastructure.

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00009 Fmt 0688 Sfmt 0634 E:\BR01\H26FE1.000 H26FE1 February 26, 2001 CONGRESSIONAL RECORD—HOUSE 2201 937. A letter from the Program Analyst, Docket No. 00–AEA–04FR] received February 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- 2, 2001, pursuant to 5 U.S.C. 801(a)(1)(A); to tation and Infrastructure. mitting the Department’s final rule—Estab- the Committee on Transportation and Infra- 958. A letter from the Program Analyst, lishment of Class E Airspace; Cape structure. FAA, Department of Transportation, trans- Newenham, AK [Airspace Docket No. 00– 948. A letter from the Program Analyst, mitting the Department’s final rule—Modi- AAL–12] received February 12, 2001, pursuant FAA, Department of Transportation, trans- fication and Revocation of VOR and Colored to 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Amend- Federal Airways and Jet Routes; AK [Air- Transportation and Infrastructure. ment to Class E Airspace; Albia, IA [Air- space Docket No. 98–AAL–26] (RIN: 2120– 938. A letter from the Program Analyst, space Docket No. 00–ACE–33] received Feb- AA66) received February 15, 2001, pursuant to FAA, Department of Transportation, trans- ruary 12, 2001, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Estab- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. lishment of Class E Airspace; Tin City, AK tation and Infrastructure. 959. A letter from the Program Analyst, [Airspace Docket No. 00–AAL–14] received 949. A letter from the Program Analyst, FAA, Department of Transportation, trans- February 12, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, transmitting the Department’s final rule—Amend 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Modi- Legal Description of Jet Route J–501 [Air- tation and Infrastructure. fication of Class E Airspace; Astoria, OR space Docket No. 00–ANM–20] (RIN: 2120– 939. A letter from the Program Analyst, [Airspace Docket No. 00–ANM–21] received AA66) received February 12, 2001, pursuant to FAA, Department of Transportation, trans- February 12, 2001, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on mitting the Department’s final rule—Estab- 801(a)(1)(A); to the Committee on Transpor- Transportation and Infrastructure. lishment of Class E Airspace; Cape Lisburne, tation and Infrastructure. 960. A letter from the Program Analyst, AK [Airspace Docket No. 00–AAL–11] re- 950. A letter from the Program Analyst, FAA, Department of Transportation, trans- ceived February 12, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, transmitting the Department’s final rule—Stand- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Modi- ard Instrument Approach Procedures; Mis- tation and Infrastructure. fication of Class E Airspace; Tillamook, OR cellaneous Amendments [Docket No. 30227; 940. A letter from the Program Analyst, [Airspace Docket No. 00–ANM–16] received Amdt. No. 2033] received February 15, 2001, FAA, Department of Transportation, trans- February 12, 2001, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- mitting the Department’s final rule—Rev- 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- ocation of Class E Airspace; Gage, OK [Air- tation and Infrastructure. ture. space Docket No. 00–ASW–21] received Feb- 951. A letter from the Program Analyst, 961. A letter from the Program Analyst, ruary 12, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Revi- mitting the Department’s final rule—Stand- tation and Infrastructure. sion of Class E Airspace; Atlanta, TX [Air- ard Instrument Approach Procedures; Mis- 941. A letter from the Program Analyst, space Docket No. 2000–ASW–19] received Feb- cellaneous Amendments [Docket No. 30228; FAA, Department of Transportation, trans- ruary 12, 2001, pursuant to 5 U.S.C. Amdt. No. 2034] received February 15, 2001, mitting the Department’s final rule—Amend- 801(a)(1)(A); to the Committee on Transpor- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ment to Class E Airspace; Bassett, NE [Air- tation and Infrastructure. mittee on Transportation and Infrastruc- space Docket No. 00–ACE–39] received Feb- 952. A letter from the Program Analyst, ture. ruary 12, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- 962. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Modi- FAA, Department of Transportation, trans- tation and Infrastructure. fication of Class E Airspace; St. George, UT mitting the Department’s final rule—Stand- 942. A letter from the Program Analyst, [Airspace Docket No. 99–ANM–10] received ard Instrument Approach Procedures; Mis- FAA, Department of Transportation, trans- February 15, 2001, pursuant to 5 U.S.C. cellaneous Amendments [Docket No. 30226; mitting the Department’s final rule—Amend- 801(a)(1)(A); to the Committee on Transpor- Amdt. No. 2032] received February 15, 2001, ment to Class E Airspace; Council Bluffs, IA tation and Infrastructure. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- [Airspace Docket No. 00–ACE–35] received 953. A letter from the Program Analyst, mittee on Transportation and Infrastruc- February 12, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- ture. 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Stand- 963. A letter from the Program Analyst, tation and Infrastructure. ard Instrument Approach Procedures; Mis- FAA, Department of Transportation, trans- 943. A letter from the Program Analyst, cellaneous Amendments [Docket No. 30224; mitting the Department’s final rule—Stand- FAA, Department of Transportation, trans- Amdt. No. 2030] received February 2, 2001, ard Instrument Approach Procedures; Mis- mitting the Department’s final rule—Amend- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cellaneous Amendments [Docket No. 30230; ment to Class E Airspace; Bowling Green, mittee on Transportation and Infrastruc- Amdt. No. 2036] received February 15, 2001, MO [Airspace Docket No. 00–ACE–36] re- ture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ceived February 12, 2001, pursuant to 5 U.S.C. 954. A letter from the Program Analyst, mittee on Transportation and Infrastruc- 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- ture. tation and Infrastructure. mitting the Department’s final rule—Stand- 964. A letter from the Program Analyst, 944. A letter from the Program Analyst, ard Instrument Approach Procedures; Mis- FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- cellaneous Amendments [Docket No. 30225; mitting the Department’s final rule—Stand- mitting the Department’s final rule—Amend- Amdt. No. 2031] received February 2, 2001, ard Instrument Approach Procedures; Mis- ment to Class E Airspace; Grant, NE [Air- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- cellaneous Amendments [Docket No. 30229; space Docket No. 00–ACE–37] received Feb- mittee on Transportation and Infrastruc- Amdt. No. 2035] received February 15, 2001, ruary 12, 2001, pursuant to 5 U.S.C. ture. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- 955. A letter from the Program Analyst, mittee on Transportation and Infrastruc- tation and Infrastructure. FAA, Department of Transportation, trans- ture. 945. A letter from the Program Analyst, mitting the Department’s final rule—Civil 965. A letter from the Program Analyst, FAA, Department of Transportation, trans- Penalty Actions in Commercial Space Trans- FAA, Department of Transportation, transmitting the Department’s final rule—Amend- portation: Delay of Effective Date (RIN: mitting the Department’s final rule—Air- ment to Class E Airspace; Ogallala, NE [Air- 2120–AH18) received February 2, 2001, pursu- worthiness Directives; Bombardier Model space Docket No. 00–ACE–38] received Feb- ant to 5 U.S.C. 801(a)(1)(A); to the Committee CL–600–2B19 Series Airplanes [Docket No. ruary 12, 2001, pursuant to 5 U.S.C. on Transportation and Infrastructure. 2000–NM–299–AD; Amendment 39–12107; AD 801(a)(1)(A); to the Committee on Transpor- 956. A letter from the Program Analyst, 2001–03–04] (RIN: 2120–AA64) received Feb- tation and Infrastructure. FAA, Department of Transportation, trans- ruary 15, 2001, pursuant to 5 U.S.C. 946. A letter from the Program Analyst, mitting the Department’s final rule—Estab- 801(a)(1)(A); to the Committee on Transpor- FAA, Department of Transportation, trans- lishment of Class E Airspace; Sugar Land, tation and Infrastructure. mitting the Department’s final rule—Amend- TX [Airspace Docket No. 2001–ASW–03] re- 966. A letter from the Program Analyst, ment to Class E Airspace; Bloomfield, IA ceived February 15, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- [Airspace Docket No. 00–ACE–32] received 801(a)(1)(A); to the Committee on Transpor- mitting the Department’s final rule—Air- February 12, 2001, pursuant to 5 U.S.C. tation and Infrastructure. worthiness Directives; Eurocopter Deutsch- 801(a)(1)(A); to the Committee on Transpor- 957. A letter from the Program Analyst, land GMBH Model MBB-BK 117 Helicopters tation and Infrastructure. FAA, Department of Transportation, trans- [Docket No. 99–SW–67–AD; Amendment 39– 947. A letter from the Program Analyst, mitting the Department’s final rule—Amend- 12056; AD 2000–26–06] (RIN: 2120–AA64) re- FAA, Department of Transportation, trans- ment to Class E Airspace; Algona, IA [Air- ceived February 12, 2001, pursuant to 5 U.S.C. mitting the Department’s final rule—Amend space Docket No. 00–ACE–34] received Feb- 801(a)(1)(A); to the Committee on Transpor- Class E Airspace; Westminster, MD [Airspace ruary 15, 2001, pursuant to 5 U.S.C. tation and Infrastructure.

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00010 Fmt 0688 Sfmt 0634 E:\BR01\H26FE1.000 H26FE1 2202 CONGRESSIONAL RECORD—HOUSE February 26, 2001 967. A letter from the Program Analyst, mitting the Department’s final rule—Air- 984. A letter from the Chief, Regulations FAA, Department of Transportation, trans- worthiness Directives; Empresa Brasileira de Unit, Internal Revenue Service, transmitting mitting the Department’s final rule—Air- Aeronautica S.A. (EMBRAER) Model EMB– the Service’s final rule—Weighted Average worthiness Directives; Agusta S.p.A Model 145 and EMB–135 Series Airplanes [Docket Interest Rate Update [Notice 2001–15] re- A109E Helicopters [Docket No. 2000–SW–65– No. 2001–NM–16–AD; Amendment 39–12101; AD ceived February 12, 2001, pursuant to 5 U.S.C. AD; Amendment 39–12106; AD 2000–25–54] 2001–02–51] (RIN: 2120–AA64) received Feb- 801(a)(1)(A); to the Committee on Ways and (RIN: 2120–AA64) received February 15, 2001, ruary 12, 2001, pursuant to 5 U.S.C. Means. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 801(a)(1)(A); to the Committee on Transpor- 985. A letter from the Chief, Regulations mittee on Transportation and Infrastruc- tation and Infrastructure. Unit, Internal Revenue Service, transmitting ture. 976. A letter from the Program Analyst, the Service’s final rule—CPI Adjustment for 968. A letter from the Program Analyst, FAA, Department of Transportation, trans- Below-market Loans for 2001; Correction—re- FAA, Department of Transportation, transmitting the Department’s final rule—Air- ceived February 14, 2001, pursuant to 5 U.S.C. mitting the Department’s final rule—Correc- worthiness Directives; Empresa Brasileira de 801(a)(1)(A); to the Committee on Ways and tions to Flight Data Recorder Specifications Aeronautica S.A. (EMBRAER) Model EMB– Means. [Docket Nos. 121–271, 121–278, 125–32 & 125–34] 120 Airplanes [Docket No. 2000–NM–133–AD; 986. A letter from the Secretary, Depart- (RIN: 2120–AG–88) received February 2, 2001, Amendment 39–11979; AD 2000–23–09] (RIN: ment of Veterans Affairs, transmitting a let- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 2120–AA64) received February 12, 2001, pursu- ter regarding the status of a joint report to mittee on Transportation and Infrastruc- ant to 5 U.S.C. 801(a)(1)(A); to the Committee Congress on the implementation of that por- ture. on Transportation and Infrastructure. tion of the Health Resources Sharing and 969. A letter from the Program Analyst, 977. A letter from the Program Analyst, Emergency Operations Act (38 U.S.C. 8111(f)) FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- dealing with sharing of health care resources mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- between the Department of Veterans Affairs worthiness Directives; Eurocopter Deutsch- worthiness Directives; Empresa Brasileira de and the Department of Defense; jointly to land GMBH Model BO–105CB–5 and BO– Aeronautica S.A. (EMBRAER) Model EMB– the Committees on Armed Services and Vet- 105CBS–5 Helicopters [Docket No. 99–SW–65– 120 Series Airplanes [Docket No. 2000–NM– erans’ Affairs. 987. A letter from the Deputy Associate AD; Amendment 39–12048; AD 2000–26–01] 125–AD; Amendment 39–12090; AD 2001–02–06] Administrator, Environmental Protection (RIN: 2120–AA64) received February 12, 2001, (RIN: 2120–AA64) received February 12, 2001, Agency, transmitting the Agency’s final pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- rule—Transfer and Cross-Collateralization of mittee on Transportation and Infrastruc- mittee on Transportation and Infrastruc- Clean Water State Revolving Funds and ture. ture. Drinking Water State Revolving Funds—re- 970. A letter from the Program Analyst, 978. A letter from the Program Analyst, ceived February 5, 2001, pursuant to 5 U.S.C. FAA, Department of Transportation, trans- FAA, Department of Transportation, trans- 801(a)(1)(A); jointly to the Committees on mitting the Department’s final rule—Air- mitting the Department’s final rule—Air- Energy and Commerce and Transportation worthiness Directives; British Aerospace worthiness Directives; Empresa Brasileira de and Infrastructure. HP137 Mk1, Jetstream Series 200, and Jet- Aeronautica S.A. (EMBRAER) Model EMB– 988. A letter from the Administrator, Envi- stream Models 3101 and 3201 Airplanes [Dock- 145 Series Airplanes [Docket No. 2000–NM– ronmental Protection Agency, transmitting et No. 2000–CE–57–AD; Amendment 39–12073; 129–AD; Amendment 39–11976; AD 2000–23–06] a report entitled, ‘‘Progress Toward Imple- AD 2001–01–03] (RIN: 2120–AA64) received Feb- (RIN: 2120–AA64) received February 12, 2001, menting Superfund’’ for fiscal years 1995– ruary 12, 2001, pursuant to 5 U.S.C. pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 1997, pursuant to 42 U.S.C. 9620; jointly to the 801(a)(1)(A); to the Committee on Transpor- mittee on Transportation and Infrastruc- Committees on Energy and Commerce and tation and Infrastructure. ture. Transportation and Infrastructure. 971. A letter from the Program Analyst, 979. A letter from the Chief, Regulations 989. A letter from the Secretary, Judicial FAA, Department of Transportation, trans- Office, U.S. Customs Service, Department of Conference of the United States, transmit- mitting the Department’s final rule—Air- the Treasury, transmitting the Department’s ting a draft of proposed legislation to pro- worthiness Directives; British Aerospace final rule—Merchandise Processing Fee Eli- vide for the appointment of additional Fed- HP137 Mk1, Jetstream Series 200, and Jet- gible To Be Claimed As Unused Merchandise eral circuit and district judges, and for other stream Models 3101 and 3201 Airplanes [Dock- Drawback [TD 01–18] (RIN: 1515–AC67) re- purposes; jointly to the Committees on the et No. 99–CE–83–AD; Amendment 39–12072; AD ceived February 7, 2001, pursuant to 5 U.S.C. Judiciary and Resources. 2001–01–02] (RIN: 2120–AA64) received Feb- 801(a)(1)(A); to the Committee on Ways and 990. A letter from the Deputy Executive ruary 12, 2001, pursuant to 5 U.S.C. Means. Secretary to the Department, Health Care 801(a)(1)(A); to the Committee on Transpor- 980. A letter from the Deputy Executive Financing Administration, Department of tation and Infrastructure. Secretary to the Department, Health Care Health and Human Services, transmitting 972. A letter from the Program Analyst, Financing Administration, Department of the Department’s ‘‘Major’’ final rule—Medi- FAA, Department of Transportation, trans- Health and Human Services, transmitting care Program; Monthly Actuarial Rates and mitting the Department’s final rule—Air- the Department’s ‘‘Major’’ final rule—Medi- Monthly Supplementary Medical Insurance worthiness Directives; British Aerospace care Program; Inpatient Hospital Deductible Premium Rate Beginning January 1, 2001 HP137 Mk1 and Jetstream Series 200 Air- and Hospital and Extended Care Services Co- [HCFA–8009–N] received February 13, 2001, planes [Docket No. 99–CE–73–AD; Amend- insurance Amounts for 2001 [HCFA–8007–N] pursuant to 5 U.S.C. 801(a)(1)(A); jointly to ment 39–12006; AD 2000–23–33] (RIN: 2120– (RIN: 0938–AK27) received February 13, 2001, the Committees on Ways and Means and En- AA64) received February 12, 2001, pursuant to pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- ergy and Commerce. 5 U.S.C. 801(a)(1)(A); to the Committee on mittee on Ways and Means. 991. A letter from the Deputy Executive Transportation and Infrastructure. 981. A letter from the Deputy Assistant Secretary to the Department, Health Care 973. A letter from the Program Analyst, Secretary, Employment and Training Ad- Financing Administration, Department of FAA, Department of Transportation, trans- ministration, Department of Labor, trans- Health and Human Services, transmitting mitting the Department’s final rule—Air- mitting the Department’s final rule—Wel- the Department’s ‘‘Major’’ final rule—Medi- worthiness Directives; Raytheon Aircraft fare-to-Work (WtW) Grants (RIN: 1205–AB15) care Program; Expanded Coverage for Out- Company Beech Models 60, A60, and B60 Air- received February 2, 2001, pursuant to 5 patient Diabetes Self-Management Training planes [Docket No. 99–CE–74–AD; Amend- U.S.C. 801(a)(1)(A); to the Committee on and Diabetes Outcome Measurements ment 39–12094; AD 2001–02–10] (RIN: 2120– Ways and Means. [HCFA–3002–F] (RIN: 0938–AI96) received Feb- AA64) received February 12, 2001, pursuant to 982. A letter from the Chief, Regulations ruary 13, 2001, pursuant to 5 U.S.C. 5 U.S.C. 801(a)(1)(A); to the Committee on Unit, Internal Revenue Service, transmitting 801(a)(1)(A); jointly to the Committees on Transportation and Infrastructure. the Service’s final rule—Purchase Price Al- Ways and Means and Energy and Commerce. 974. A letter from the Program Analyst, locations in Deemed and Actual Asset Acqui- f FAA, Department of Transportation, trans- sitions [TD 8940] (RIN: 1545–AY73) received mitting the Department’s final rule—Air- February 12, 2001, pursuant to 5 U.S.C. REPORTS OF COMMITTEES ON worthiness Directives; Raytheon Aircraft 801(a)(1)(A); to the Committee on Ways and PUBLIC BILLS AND RESOLUTIONS Company Beech Models A36, B36TC, and 58 Means. Under clause 2 of rule XIII, reports of Airplanes [Docket No. 99–CE–79–AD; Amend- 983. A letter from the Chief, Regulations ment 39–12066; AD 2000–26–16] (RIN: 2120– Unit, Internal Revenue Service, transmitting committees were delivered to the Clerk AA64) received February 12, 2001, pursuant to the Service’s final rule—Electronic Payee for printing and reference to the proper 5 U.S.C. 801(a)(1)(A); to the Committee on Statements (RIN: 1545–AY00) received Feb- calendar, as follows: Transportation and Infrastructure. ruary 13, 2001, pursuant to 5 U.S.C. Mr. SENSENBRENNER: Committee on the 975. A letter from the Program Analyst, 801(a)(1)(A); to the Committee on Ways and Judiciary. H.R. 256. A bill to extend for 11 ad- FAA, Department of Transportation, trans- Means. ditional months the period for which chapter

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12 of title 11 of the United States Code is retain or dispose of a firearm; to the Com- H.R. 250: Mr. BLAGOJEVICH, Mr. TRAFICANT, enacted (Rept. 107–2). Referred to the Com- mittee on the Judiciary. Mr. STUPAK, Mr. GREEN of Texas, Mr. mittee of the Whole House on the State of By Mr. SCHAFFER: DEFAZIO, Mr. BAIRD, Ms. NORTON, and Mr. the Union. H. Res. 54. A resolution commemorating PAYNE. Mr. SENSENBRENNER: Committee on the African American pioneers in Colorado; to H.R. 256: Mr. GILLMOR, Mrs. JONES of Ohio, Judiciary. H.R. 333. A bill to amend title 11, the Committee on Resources. Mr. SCHAFFER, Mr. NEY, Mr. OTTER, and Mr. United States Code, and for other purposes; By Ms. MILLENDER-MCDONALD: FARR of California. with an amendment (Rept. 107–3 Pt. 1). H. Res. 55. A resolution expressing the H.R. 270: Mr. ENGEL, Mr. WEINER, Mr. WAX- DISCHARGE OF COMMITTEES sense of the House of Representatives that MAN, and Ms. WOOLSEY. there should be established a day of celebra- Pursuant to clause 5 of rule X the H.R. 281: Mrs. MCCARTHY of New York. tion in honor of Dr. Dorothy Irene Height; to H.R. 311: Mr. JONES of North Carolina. Committee on Financial Services dis- the Committee on Government Reform. H.R. 333: Mr. PETERSON of Pennsylvania, charged from further consideration. By Mr. LANTOS (for himself, Mr. Mr. BROWN of South Carolina, Mr. POMBO, H.R. 333 referred to the Committee of WOLF, Ms. PELOSI, Mr. SMITH of New and Mr. DAVIS of Florida. the Whole House on the State of the Jersey, Mr. JACKSON of Illinois, Mr. H.R. 340: Mr. BLUMENAUER, Mr. EVANS, and Union and ordered to be printed. FRANK, Mr. CAPUANO, Mr. MCGOVERN, Mr. MORAN of Virginia. and Ms. RIVERS): f H.R. 429: Mr. KILDEE, Mr. DEUTSCH, Ms. H. Res. 56. A resolution urging the appro- SLAUGHTER, Mr. HINOJOSA, Mr. LARSON of TIME LIMITATION OF REFERRED priate representative of the United States to Connecticut, and Mrs. CHRISTENSEN. BILL the United Nations Commission on Human H.R. 466: Ms. MCKINNEY. Rights to introduce at the annual meeting of Pursuant to clause 5 of rule X the fol- H.R. 471: Mr. BORSKI. the Commission a resolution calling upon H.R. 548: Mr. BILIRAKIS, Mr. MCDERMOTT, lowing action was taken by the Speak- the People’s Republic of China to end its Mr. MORAN of Virginia, Ms. MCKINNEY, Mr. er: human rights violations in China and Tibet, DEAL of Georgia, and Mr. PASTOR. H.R. 333. Referral to the Committee on Fi- and for other purposes; to the Committee on H.R. 555: Mr. HOYER. nancial Services extended for a period ending International Relations. H.R. 612: Mr. QUINN, Mr. TANCREDO, Mrs. not later than February 26, 2001. f JONES of Ohio, Mr. FRANK, Mr. TRAFICANT, f Mr. SANDERS, Mr. LUCAS of Oklahoma, and ADDITIONAL SPONSORS Ms. HOOLEY of Oregon. PUBLIC BILLS AND RESOLUTIONS Under clause 7 of rule XII, sponsors H.R. 665: Mr. ALLEN, Mr. BALDACCI, Mr. Under clause 2 of rule XII, public were added to public bills and resolu- BERMAN, Mr. BOUCHER, Mr. FATTAH, Mr. bills and resolutions were introduced tions as follows: HOYER, Mrs. LOWEY, Mrs. MALONEY of New York, Mr. MCNULTY, and Ms. PELOSI. and severally referred, as follows: H.R. 17: Mr. HINCHEY. H.R. 687: Mr. DAVIS of Florida, Mrs. H.R. 21: Mr. TRAFICANT. By Mr. BARTON of Texas (for himself MCCARTHY of New York, Mr. LANTOS, and H.R. 23: Mr. TRAFICANT. and Mr. BOUCHER): INK H.R. 24: Mr. TRAFICANT. Mrs. M of Hawaii. H.R. 723. A bill to amend the Atomic En- H.R. 31: Mr. NEY. H. Res. 23: Mr. LUCAS of Kentucky, Ms. ergy Act of 1954 to remove an exemption H.R. 68: Mr. ALLEN, Mr. BALDACCI, Mr. MCKINNEY, Mr. SISISKY, Mrs. THURMAN, Mr. from civil penalties for nuclear safety viola- SUNUNU, Mr. CALVERT, Mr. LAHOOD, Mr. STUPAK, and Mr. SCHIFF. tions by nonprofit institutions; to the Com- CLEMENT, and Mr. GORDON. mittee on Energy and Commerce. f H.R. 80: Mr. KIND, Mr. TRAFICANT, and Mr. By Mr. BASS (for himself and Mr. BOU- HORN. CHER PETITIONS, ETC. ): H.R. 82: Mr. TRAFICANT. H.R. 724. A bill to authorize appropriations H.R. 89: Mr. WALSH, Ms. MCKINNEY, and Under clause 3 of rule XII, petitions to carry out part B of title I of the Energy Mr. MCGOVERN. Policy and Conservation Act, relating to the and papers were laid on the clerk’s H.R. 90: Mr. EVANS, MR. BAIRD, Mr. desk and referred as follows: Strategic Petroleum Reserve; to the Com- GRAHAM, and Mr. STRICKLAND. mittee on Energy and Commerce. H.R. 123: Mr. PICKERING and Mr. COMBEST. 5. The SPEAKER presented a petition of a By Mr. TRAFICANT (for himself and H.R. 147: Mr. EVANS, Ms. EDDIE BERNICE Citizen of Pryer, Oklahoma, relative to en- Mr. BARRETT): JOHNSON of Texas, Mr. HINCHEY, and Mr. acting legislation to make micro-chip im- H.R. 725. A bill to establish a toll free num- RUSH. plants illegal; to the Committee on Govern- ber under the Federal Trade Commission to H.R. 149: Mr. ANDREWS. ment Reform. assist consumers in determining if products H.R. 188: Mr. FROST, Mrs. JONES of Ohio, 6. Also, a petition of a Citizen of Chillicthe, are American-made; to the Committee on Mr. SCHAFFER, and Mr. OSBORNE. Missouri, relative to petitioning the United Energy and Commerce. H.R. 237: Mr. LANTOS and Mr. MCGOVERN. States Congress to claim redress of griev- By Mrs. MINK of Hawaii: H.R. 239: Mr. FATTAH, Mr. KENNEDY of ances of a California congressional can- H.R. 726. A bill to amend title 18, United Rhode Island, Mr. EVANS, Mr. LOBIONDO, and didate; to the Committee on House Adminis- States Code, to ban using the Internet to ob- Mr. KOLBE. tration.

VerDate Aug 04 2004 02:49 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00012 Fmt 0688 Sfmt 0634 E:\BR01\H26FE1.000 H26FE1 2204 CONGRESSIONAL RECORD—SENATE February 26, 2001 SENATE—Monday, February 26, 2001

The Senate met at 12 noon and was like to make a few remarks so that ev- suffrages have twice called me have called to order by the President pro eryone gets the context of the Farewell been a uniform sacrifice of inclination tempore (Mr. THURMOND). Address of George Washington. to the opinion of duty, and to a def- In September of 1796, worn out by the erence for what appeared to be your de- PRAYER burdens of the Presidency and attacks sire. I constantly hoped that it would The Chaplain, Dr. Lloyd John of political foes, George Washington have been much earlier in my power, Ogilvie, offered the following prayer. announced his decision not to seek a consistently with motives which I was Majestic God, Creator of many dif- third term. A student of history will not at liberty to disregard, to return to ferent races and colors in the human see that Alexander Hamilton and that retirement from which I had been family, we ask for love as inclusive as James Madison left their fingerprints reluctantly drawn. The strength of my Your love and attitudes as free of prej- in helping President Washington com- inclination to do this, previous to the udice as You have shown in Your care pose this Farewell Address which is his last election, had even led to the prepa- for all people. political testament to the Nation. ration of an address to declare it to The Farewell Address, which was de- This month as we gratefully recog- you; but mature reflection on the then signed to inspire and guide future gen- nize the importance of African Ameri- perplexed and critical posture of our erations, set forth Washington’s de- cans in our history, remind us of the affairs with foreign nations, and the fense of his administration’s record and truth in Dr. Martin Luther King’s unanimous advice of persons entitled embodied a classic statement of Fed- words that ‘‘the content of our char- to my confidence, impelled me to aban- eralist doctrine. acter’’ is the highest goal we can don the idea. Washington’s principal concern was I rejoice that the state of your con- achieve. So many outstanding black for the safety of the 8-year-old Con- Americans have risen to prominence in cerns external as well as internal, no stitution, and he believed the stability longer renders the pursuit of inclina- our Nation because of the content of of the Republic was threatened by the their character. tion incompatible with the sentiment forces of geographical sectionalism, po- of duty or propriety; and am persuaded, Along with Dr. King, we thank you litical factionalism, and interference for Phillis Wheatley, who in the 18th whatever partiality may be retained by foreign powers in the Nation’s do- for my services, that in the present cir- century at a very young age achieved mestic affairs. cumstances of our country you will not international fame as the first black George Washington did not publicly disapprove my determination to retire. woman poet. We also remember Rich- deliver his Farewell Address. It first The impressions with which I first ard Allen, who at the dawning of the appeared on September 19, 1796, in the undertook the arduous trust were ex- 19th century mobilized the black com- Philadelphia Daily American Adver- plained on the proper occasion. In the munity in Philadelphia and formed the tiser and then in papers throughout our discharge of this trust, I will only say first independent black denomination. country. As we work today, may these prin- On to the address entitled ‘‘Washing- that I have, with good intentions, con- cipled Americans be our examples. Let ton’s Farewell Address.’’ tributed towards the organization and our words, thoughts, and actions re- Mr. ALLEN, at the rostrum, read the administration of the government the flect the content of Your character. Farewell Address, as follows: best exertions of which a very fallible Thank You for being our Lord and Sav- To the people of the United States. judgment was capable. Not unconscious iour. Amen. FRIENDS AND FELLOW CITIZENS: The in the outset of the inferiority of my qualifications, experience, in my own f period for a new election of a citizen to administer the executive government eyes, perhaps still more in the eyes of PLEDGE OF ALLEGIANCE of the United States being not far dis- others, has strengthened the motives The Honorable JON KYL, a Senator tant, and the time actually arrived to diffidence of myself; and, every day, from the State of Arizona, led the when your thoughts must be employed the increasing weight of years admon- Pledge of Allegiance, as follows: in designating the person who is to be ishes me more and more that the shade I pledge allegiance to the Flag of the clothed with that important trust, it of retirement is as necessary to me as United States of America, and to the Repub- appears to me proper, especially as it it will be welcome. Satisfied that if lic for which it stands, one nation under God, may conduce to a more distinct expres- any circumstances have given peculiar indivisible, with liberty and justice for all. sion of the public voice, that I should value to my services, they were tem- f now apprise you of the resolution I porary, I have the consolation to be- have formed, to decline being consid- lieve that, while choice and prudence RESERVATION OF LEADER TIME ered among the number of those out of invite me to quit the political scene, The PRESIDENT pro tempore. Under whom a choice is to be made. patriotism does not forbid it. the previous order, leadership time is I beg you at the same time to do me In looking forward to the moment reserved. the justice to be assured, that this res- which is intended to terminate the ca- f olution has not been taken without reer of my political life, my feelings do strict regard to all the considerations not permit me to suspend the deep ac- READING OF WASHINGTON’S appertaining to the relation which knowledgment of that debt of gratitude FAREWELL ADDRESS binds a dutiful citizen to his country— which I owe to my beloved country for The PRESIDENT pro tempore. Under and that, in withdrawing the tender of the many honors it has conferred upon the previous order, the Senator from service which silence in my situation me, still more for the steadfast con- Virginia, Mr. ALLEN, is recognized to might imply, I am influenced by no fidence with which it has supported me read Washington’s Farewell Address. diminution of zeal for your future in- and for the opportunities I have thence (Mr. KYL assumed the chair.) terest, no deficiency of grateful respect enjoyed of manifesting my inviolable Mr. ALLEN. I thank the Chair. for your past kindness, but am sup- attachment by services faithful and Mr. President, Members of the Sen- ported by a full conviction that the persevering, though in usefulness un- ate, it is my honor to read George step is compatible with both. equal to my zeal. If benefits have re- Washington’s Farewell Address. As a The acceptance of, and continuance sulted to our country from these serv- preface to reading this address, I would hitherto in the office to which your ices, let it always be remembered to

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

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2205 your praise and as an instructive exam- (though often covertly and insidiously) what is perhaps of still greater con- ple in our annals, that, under cir- directed, it is of infinite movement sequence, it must of necessity owe the cumstances in which the passions agi- that you should properly estimate the secure enjoyment of indispensable out- tated in every direction were liable to immense value of your national Union lets for its own productions to the mislead, amidst appearances some- to your collective and individual happi- weight, influence, and the future mari- times dubious, vicissitudes of fortune ness; that you should cherish a cordial, time strength of the Atlantic side of often discouraging, in situations in habitual, and immovable attachment the Union, directed by an indissoluble which not unfrequently, want of suc- to it; accustoming yourselves to think community of interest as one nation. cess has countenanced the spirit of and speak of it as of the palladium of Any other tenure by which the West criticism, the constancy of your sup- your political safety and prosperity; can hold this essential advantage, port was the essential prop of the ef- watching for its preservation with jeal- whether derived from its own separate forts and a guarantee of the plans by ous anxiety; discountenancing what- strength or from an apostate and un- which they were effected. Profoundly ever may suggest even a suspicion that natural connection with any foreign penetrated with this idea, I shall carry it can, in any event, be abandoned; and power, must be intrinsically precar- it with me to my grave as a strong in- indignantly frowning upon the first ious. citement to unceasing vows that Heav- dawning of every attempt to alienate While then every part of our country en may continue to you the choicest any portion of our country from the thus feels an immediate and particular tokens of its beneficence; that your rest, or to enfeeble the sacred ties interest in union, all the parts com- union and brotherly affection may be which now link together the various bined cannot fail to find in the united perpetual; that the free constitution, parts. mass of means and efforts greater which is the work of your hands, may For this you have every inducement strength, greater resource, proportion- ably greater security from external be sacredly maintained; that its admin- of sympathy and interest. Citizens by danger, a less frequent interruption of istration in every department may be birth or choice of a common country, their peace by foreign nations; and, stamped with wisdom and virtue; that, that country has a right to concentrate what is of inestimable value! they must in fine, the happiness of the people of your affections. The name of American, derive from union an exemption from which belongs to you in your national these states, under the auspices of lib- those broils and wars between them- capacity, must always exalt the just erty, may be made complete by so care- selves which so frequently afflict pride of patriotism more than any ap- ful a preservation and so prudent a use neighboring countries not tied together pellation derived from local discrimi- of this blessing as will acquire to them by the same government, which their nations. With slight shades of dif- the glory of recommending it to the ap- own rivalships alone would be suffi- ference, you have the same religion, plause, the affection, and adoption of cient to produce, but which opposite manners, habits, and political prin- every nation which is yet a stranger to foreign alliances, attachments, and in- ciples. You have in a common cause it. trigues would stimulate and embitter. Here, perhaps, I ought to stop. But a fought and triumphed together. The Hence likewise, they will avoid the ne- solicitude for your welfare, which can- independence and liberty you possess, cessity of those overgrown military es- not end but with my life, and the ap- are the work of joint councils and joint tablishments, which under any form of prehension of danger natural to that efforts—of common dangers, sufferings government are inauspicious to liberty, solicitude, urge me on an occasion like and successes. and which are to be regarded as par- But these considerations, however the present to offer to your solemn ticularly hostile to republican liberty. powerfully they address themselves to contemplation, and to recommend to In this sense it is, that your Union your frequent review, some sentiments your sensibility, are greatly out- ought to be considered as a main prop which are the result of much reflec- weighed by those which apply more im- of your liberty, and that the love of the tion, of no inconsiderable observation, mediately to your interest. Here every one ought to endear to you the preser- and which appear to me all important portion of our country finds the most vation of the other. to the permanency of your felicity as a commanding motives for carefully These considerations speak a persua- people. These will be offered to you guarding and preserving the Union of sive language to every reflecting and with the more freedom as you can only the whole. virtuous mind, and exhibit the continu- see in them the disinterested warnings The North, in an unrestrained inter- ance of the Union as a primary object of a parting friend, who can possibly course with the South, protected by the of patriotic desire. Is there a doubt have no personal motive to bias his equal laws of a common government, whether a common government can counsel. Nor can I forget, as an encour- finds in the productions of the latter, embrace so large a sphere? Let experi- agement to it, your indulgent recep- great additional resources of maritime ence solve it. To listen to mere specu- tion of my sentiments on a former and and commercial enterprise, and pre- lation in such a case were criminal. We not dissimilar occasion. cious materials of manufacturing in- are authorized to hope that a proper Interwoven as is the love of liberty dustry. The South, in the same inter- organization of the whole, with the with every ligament of your hearts, no course, benefiting by the same agency auxiliary agency of governments for recommendation of mine is necessary of the North, sees its agriculture grow the respective subdivisions, will afford to fortify or confirm the attachment. and its commerce expand. Turning a happy issue to the experiment. It is The unity of government which con- partly into its own channels the sea- well worth a fair and full experiment. stitutes you one people is also now men of the North, it finds its particular With such powerful and obvious mo- dear to you. It is justly so; for it is a navigation invigorated; and while it tives to union, affecting all parts of our main pillar in the edifice of your real contributes, in different ways, to nour- country, while experience shall not independence, the support of your tran- ish and increase the general mass of have demonstrated its imprac- quility at home, your peace abroad, of the national navigation, it looks for- ticability, there will always be reason your safety, of your prosperity, of that ward to the protection of a maritime to distrust the patriotism of those who very liberty which you so highly prize. strength to which itself is unequally in any quarter may endeavor to weak- But as it is easy to foresee that, from adapted. The East, in a like intercourse en its hands. different causes and from different with the West, already finds, and in the In contemplating the causes which quarters, much pains will be taken, progressive improvement of interior may disturb our Union, it occurs as many artifices employed, to weaken in communications by land and water will matter of serious concern, that any your minds the conviction of this more and more find a valuable vent for ground should have been furnished for truth; as this is the point in your polit- the commodities which it brings from characterizing parties by geographical ical fortress against which the bat- abroad or manufactures at home. The discriminations—northern and south- teries of internal and external enemies West derives from the East supplies req- ern—Atlantic and western; whence de- will be most constantly and actively uisite to its growth and comfort—and signing men may endeavor to excite a

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2206 CONGRESSIONAL RECORD—SENATE February 26, 2001 belief that there is a real difference of ment, presupposes the duty of every in- within the limits prescribed by the local interests and views. One of the dividual to obey the established gov- laws, and to maintain all in the secure expedients of party to acquire influ- ernment. and tranquil enjoyment of the rights of ence within particular districts, is to All obstructions to the execution of person and property. misrepresent the opinions and aims of the laws, all combinations and associa- I have already intimated to you the other districts. You cannot shield tions under whatever plausible char- danger of parties in the state, with par- yourself too much against the acter, with the real design to direct, ticular reference to the founding of jealousies and heart burnings which control, counteract, or awe the regular them on geographical discriminations. spring from these misrepresentations. deliberation and action of the con- Let me now take a more comprehen- They tend to render alien to each other stituted authorities, are destructive of sive view and warn you in the most sol- those who ought to be bound together this fundamental principle, and of fatal emn manner against the baneful effects by fraternal affection. The inhabitants tendency. They serve to organize fac- of the spirit of party, generally. of our western country have lately had tion; to give it an artificial and ex- This spirit, unfortunately, is insepa- a useful lesson on this head. They have traordinary force; to put in the place of rable from our nature, having its root seen, in the negotiation by the execu- the delegated will of the nation the in the strongest passions of the human tive—and in the unanimous ratifica- will of a party, often a small but artful mind. It exists under different shapes tion by the Senate—of the treaty with and enterprising minority of the com- in all governments, more or less sti- Spain, and in the universal satisfaction munity; and, according to the alter- fled, controlled, or repressed; but in at that event throughout the United nate triumphs of different parties, to those of the popular form it is seen in States, a decisive proof how unfounded make the public administration the its greatest rankness, and is truly their were the suspicions propagated among mirror of the ill concerted and incon- worst enemy. them of a policy in the general govern- gruous projects of faction, rather than The alternate domination of one fac- ment and in the Atlantic states, un- the organ of consistent and wholesome tion over another, sharpened by the friendly to their interests in regard to plans digested by common councils, spirit of revenge natural to party dis- the Mississippi. They have been wit- and modified by mutual interests. How- sension, which in different ages and nesses to the formation of two treaties, ever combinations or associations of countries has perpetrated the most that with Great Britain and that with the above description may now and horrid enormities, is itself a frightful Spain, which secure to them every- then answer popular ends, they are despotism. But this leads at length to a thing they could desire, in respect to likely, in the course of time and more formal and permanent despotism. our foreign relations, towards con- things, to become potent engines, by The disorders and miseries which re- firming their prosperity. Will it not be which cunning, ambitious, and unprin- sult gradually incline the minds of men their wisdom to rely for the preserva- cipled men will be enabled to subvert to seek security and repose in the abso- tion of these advantages on the Union the power of the people, and to usurp lute power of an individual; and, sooner by which they were procured? Will they for themselves the reins of govern- or later, the chief of some prevailing not henceforth be deaf to those advis- ment; destroying afterwards the very faction, more able or more fortunate ers, if such they are, who would sever engines which have lifted them to un- than his competitors, turns this dis- them from their brethren and connect just dominion. position to the purpose of his own ele- them with aliens? Towards the preservation of your vation on the ruins of public liberty. To the efficacy and permanency of government and the permanency of Without looking forward to an ex- tremity of this kind, (which neverthe- your Union, a government for the your present happy state, it is req- less ought not to be entirely out of whole is indispensable. No alliances, uisite, not only that you steadily dis- sight) the common and continual mis- however strict, between the parts can countenance irregular opposition to its chiefs of the spirit of party are suffi- be an adequate substitute. They must acknowledged authority but also that cient to make it in the interest and inevitably experience the infractions you resist with care the spirit of inno- duty of a wise people to discourage and and interruptions which all alliances, vation upon its principles, however spe- restrain it. in all times, have experienced. Sensible cious the pretext. One method of as- It serves always to distract the pub- of this momentous truth, you have im- sault may be to effect, in the forms of lic councils, and enfeeble the public ad- proved upon your first essay, by the the Constitution, alterations which ministration. It agitates the commu- adoption of a Constitution of govern- will impair the energy of the system nity with ill founded jealousies and ment, better calculated than your and thus to undermine what cannot be false alarms, kindles the animosity of former, for an intimate Union and for directly overthrown. In all the changes one part against another, forments oc- the efficacious management of your to which you may be invited, remem- casional riot and insurrection. It opens common concerns. This government, ber that time and habit are at least as the door to foreign influence and cor- the offspring of our own choice, necessary to fix the true character of ruption, which finds a facilitated ac- uninfluenced and unawed, adopted governments as of other human insti- cess to the government itself through upon full investigation and mature de- tutions, that experience is the surest the channels of party passions. Thus liberation, completely free in its prin- standard by which to test the real the policy and the will of one country ciples, in the distribution of its powers, tendency of the existing constitution are subjected to the policy and will of uniting security with energy, and con- of a country, that facility in changes another. taining within itself a provision for its upon the credit of mere hypotheses and There is an opinion that parties in own amendment, has a just claim to opinion exposes to perpetual change free countries are useful checks upon your confidence and your support. Re- from the endless variety of hypotheses the administration of the government, spect for its authority, compliance and opinion; and remember, especially, and serve to keep alive the spirit of lib- with its laws, acquiescence in its meas- that for the efficient management of erty. This within certain limits is prob- ures, are duties enjoined by the funda- your common interests in a country so ably true—and in governments of a mental maxims of true liberty. The extensive as ours, a government of as monarchial cast, patriotism may look basis of our political systems is the much vigor as is consistent with the with indulgence, if not with favor, right of the people to make and to perfect security of liberty is indispen- upon the spirit of party. But in those of alter their constitutions of govern- sable; liberty itself will find in such a the popular character, in governments ment.—But the Constitution which at government, with powers properly dis- purely elective, it is a spirit not to be any time exists, until changed by an tributed and adjusted, its surest guard- encouraged. From their natural tend- explicit and authentic act of the whole ian. It is indeed little else than a name, ency, it is certain there will always be people, is sacredly obligatory upon all. where the government is too feeble to enough of that spirit for every salutary The very idea of the power, and the withstand the enterprises of fraction, purpose. And there being constant dan- right of the people to establish govern- to confine each member of the society ger of excess, the effort ought to be by

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00003 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2207 force of public opinion to mitigate and extends with more or less force to tachment for others should be excluded assuage it. A fire not to be quenched, it every species of free government. Who and that in place of them just and ami- demands a uniform vigilance to pre- that is a sincere friend to it can look cable feelings towards all should be vent it bursting into a flame, lest in- with indifference upon attempts to cultivated. The nation which indulges stead of warming, it should consume. shake the foundation of the fabric? towards another an habitual hatred, or It is important likewise, that the Promote, then, as an object of pri- an habitual fondness, is in some degree habits of thinking in a free country mary importance, institutions for the a slave. It is a slave to its animosity, should inspire caution in those en- general diffusion of knowledge. In pro- or to its affection, either of which is trusted with its administration to con- portion as the structure of a govern- sufficient to lead it astray from its fine themselves within their respective ment gives force to public opinion, it is duty and its interest. Antipathy in one constitutional spheres, avoiding in the essential that the public opinion nation against another disposes each exercise of the powers of one depart- should be enlightened. more readily to offer insult and injury, ment to encroach upon another. The As a very important source of to lay hold of slight causes of umbrage, spirit of encroachment tends to con- strength and security, cherish public and to be haughty and intractable solidate the powers of all the depart- credit. One method of preserving it is when accidental or trifling occasions ments in one, and thus to create, what- to use it as sparingly as possible, of dispute occur. Hence frequent colli- ever the form of government, a real avoiding occasions of expense by culti- sions, obstinate, envenomed, and despotism. A just estimate of that love vating peace, but remembering, also, bloody contests. The nation, prompted of power and proneness to abuse it that timely disbursements, to prepare by ill will and resentment, sometimes which predominates in the human for danger, frequently prevent much impels to war the government, con- heart is sufficient to satisfy us of the greater disbursements to repel it; trary to the best calculations of policy. truth of this position. The necessity of avoiding likewise the accumulation of The government sometimes partici- reciprocal checks in the exercise of po- debt, not only by shunning occasions of pates in the national propensity and litical power, by dividing and distrib- expense, but by vigorous exertions in adopts through passion what reason uting it into different depositories, and time of peace to discharge the debts would reject; at other times, it makes constituting each the guardian of the which unavoidable wars may have oc- the animosity of the nation’s subser- public weal against invasions of the casioned, not ungenerously throwing vient to projects of hostility, insti- others, has been evinced by experi- upon posterity the burden which we gated by pride, ambition and other sin- ments ancient and modern, some of ourselves ought to bear. The execution ister and pernicious motives. The peace them in our country and under our own of these maxims belongs to your rep- often, sometimes perhaps the liberty of eyes. To preserve them must be as nec- resentatives, but it is necessary that nations, has been the victim. essary as to institute them. If, in the public opinion should cooperate. To fa- So likewise, a passionate attachment opinion of the people, the distribution cilitate to them the performance of of one nation for another produces a or modification of the constitutional their duty, it is essential that you variety of evils. Sympathy for the fa- powers be in any particular wrong, let should practically bear in mind that vorite nation, facilitating the illusion it be corrected by an amendment in the towards the payment of debts there of an imaginary common interest in way which the Constitution designates. must be revenue; that to have revenue cases where no real common interest But let there be no change by usurpa- there must be taxes; that no taxes can exists and infusing into one the enmi- tion; for though this, in one instance, be devised which are not more or less ties of the other, betrays the former may be the instrument of good, it is inconvenient and unpleasant; that the into a participation in the quarrels and the customary weapon by which free intrinsic embarrassment inseparable wars of the latter, without adequate in- governments are destroyed. The prece- from the selection of the proper objects ducements or justifications. It leads dent must always greatly overbalance (which is always a choice of difficul- also to concessions, to the favorite na- in permanent evil any partial or tran- ties) ought to be a decisive motive for tion of privileges denied to others, sient benefit which the use can at any a candid construction of the conduct of which is apt doubly to injure the na- time yield. the government in making it, and for a tion making the concessions, by unnec- Of all the dispositions and habits spirit of acquiescence in the measures essarily parting with what ought to which lead to political prosperity, reli- for obtaining revenue, which the public have been retained and by exciting gion and morality are indispensable exigencies may at any time dictate. jealously, ill will, and a disposition to supports. In vain would that man claim Observe good faith and justice to- retaliate in the parties from whom the tribute of patriotism, who should wards all nations; cultivate peace and equal privileges are withheld. And it labor to subvert these great pillars of harmony with all; religion and moral- gives to ambitious, corrupted or de- human happiness, these firmest props ity enjoin this conduct, and can it be luded citizens (who devote themselves of the duties of men and citizens. The that good policy does not equally en- to the favorite nation) facility to be- mere politician, equally with the pious join it? It will be worthy of a free, en- tray or sacrifice the interests of their man, ought to respect and to cherish lightened, and, at no distant period, a own country, without odium, some- them. A volume could not trace all great nation, to give to mankind the times even with popularity gilding their connections with private and pub- magnanimous and too novel example of with the appearances of virtuous sense lic felicity. Let it simply be asked a people always guided by an exalted of obligation, a commendable deference where is the security for property, for justice and benevolence. Who can doubt for public opinion, or a laudable zeal reputation, for life, if the sense of reli- but, in the course of time and things for public good, the base or foolish gious obligation desert the oaths, which the fruits of such a plan would richly compliances of ambition, corruption, are the instruments of investigation in repay any temporary advantages which or infatuation. courts of justice? And let us with cau- might be lost by a steady adherence to As avenues to foreign influence in in- tion indulge the supposition that mo- it? Can it be that Providence has not numerable ways, such attachments are rality can be maintained without reli- connected the permanent felicity of a particularly alarming to the truly en- gion. Whatever may be conceded to the nation with its virtue? The experiment, lightened and independent patriot. How influence of refined education on minds at least, is recommended by every sen- many opportunities do they afford to of peculiar structure, reason and expe- timent which ennobles human nature. tamper with domestic factions, to prac- rience both forbid us to expect that na- Alas! is it rendered impossible by its tice the arts of seduction, to mislead tional morality can prevail in exclu- vices? public opinion, to influence or awe the sion of religious principle. In the execution of such a plan noth- public councils! Such an attachment of It is substantially true, that virtue ing is more essential than that perma- a small or weak towards a great and or morality is a necessary spring of nent, inveterate antipathies against powerful nation, dooms the former to popular government. The rule, indeed, particular nations and passionate at- be the satellite of the latter.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2208 CONGRESSIONAL RECORD—SENATE February 26, 2001 Against the insidious wiles of foreign engagements be observed in their gen- In relation to the still subsisting war influence (I conjure you to believe me, uine sense. But in my opinion, it is un- in Europe, my proclamation of the 22d fellow citizens) the jealousy of a free necessary, and would be unwise to ex- of April 1793 is the index to my plan. people ought to be constantly awake, tend them. Sanctioned by your approving voice since history and experience prove, Taking care always to keep our- and by that of your representatives in that foreign influence is one of the selves, by suitable establishments, on a both houses of Congress, the spirit of most baneful foes of republican govern- respectable defensive posture, we may that measure has continually governed ment. But that jealously to be useful safely trust to temporary alliances for me, uninfuenced by any attempts to must be impartial; else it becomes the extraordinary emergencies. deter or divert me from it. instrument of the very influence to be Harmony, liberal intercourse with all After deliberate examination with avoided, instead of a defense against it. nations, are recommended by policy, the aid of the best lights I could ob- Excessive partiality for one foreign na- humanity, and interest. But even our tain, I was well satisfied that our coun- tion and excessive dislike for another commercial policy should hold an try, under all the circumstances of the cause those whom they actuate to see equal and impartial hand: neither seek- case, had a right to take, and was danger only on one side, and serve to ing nor granting exclusive favors or bound in duty and interest to take—a veil and even second the arts of influ- preferences; consulting the natural neutral position. Having taken it, I de- ence on the other. Real patriots, who course of things; diffusing and diversi- termined, as far as should depend upon may resist the intrigues of the favor- fying by gentle means the streams of me, to maintain it with moderation, ite, are liable to become suspected and commerce but forcing nothing; estab- perseverance and firmness. odious, while its tools and dupes usurp lishing with powers so disposed, in The considerations which respect the the applause and confidence of the peo- order to give trade a stable course—in right to hold this conduct it is not nec- ple to surrender their interests. order to give to trade a stable course, essary on this occasion to detail. I will The great rule of conduct for us in re- to define the rights of our merchants, only observe that, according to my un- gard to foreign nations is, in extending and to enable the government to sup- derstanding of the matter, that right, our commercial relations, to have with port them, conventional rules of inter- so far from being denied by any of the them as little political connection as course, the best that present cir- belligerent powers, has been virtually possible. So far as we have already cumstances and mutual opinion will admitted by all. formed engagements, let them be ful- permit, but temporary, and liable to be The duty of holding a neutral con- filled with perfect good faith. Here let from time to time abandoned or varied duct may be inferred, without anything us stop. as experience and circumstances shall more, from the obligation which jus- Europe has a set of primary inter- dictate; constantly keeping in view, tice and humanity impose on every na- ests, which to us have none or a very that it is folly in one nation to look for tion, in cases in which it is free to act, remote relation. Hence, she must be disinterested favors from another— to maintain inviolate the relations of engaged in frequent controversies, the that is must pay with a portion of its peace and amity towards other nations. causes of which are essentially foreign independence for whatever it may ac- The inducements of interest for ob- to our concerns. Hence therefore it cept under that character—that by serving that conduct will best be re- must be unwise in us to implicate our- such acceptance, it may place itself in ferred to your own reflections and ex- selves, by artificial ties, in the ordi- the condition of having given equiva- perience. With me, a predominant mo- nary vicissitudes of her politics or the lents for nominal favors and yet of tive has been to endeavor to gain time ordinary combinations and collisions of being reproached with ingratitude for to our country to settle and mature its her friendships or enmities. not giving more. There can be no great- yet recent institutions and to progress, Our detached and distant situation er error than to expect or calculate without interruption to that degree of invites and enables us to pursue a dif- upon real favors from nation to nation. strength and consistency which is nec- ferent course. If we remain one people, It is an illusion which experience must essary to give it, humanly speaking, under an efficient government, the pe- cure, which a just pride ought to dis- the command of its own fortunes. riod is not far off when we may defy card. Though in reviewing the incidents of material injury from external annoy- In offering to you, my countrymen, my administration I am unconscious of ance; when we may take such an atti- these counsels of an old and affec- intentional error, I am nevertheless tude as will cause the neutrality we tionate friend, I dare not hope they too sensible of my defects not to think may at any time resolve upon to be will make the strong and lasting im- it probable that I may have committed scrupulously respected; when bellig- pression I could wish—that they will many errors. Whatever they may be, I erent nations, under the impossibility control the usual current of the pas- fervently beseech the Almighty to of making acquisitions upon us, will sions or prevent our nation from run- avert or mitigate the evils to which not lightly hazard the giving us provo- ning the course which has hitherto they may tend. I shall also carry with cation, when we may choose peace or marked the destiny of nations. But if I me the hope that my country will war, as our interest guided by justice may even flatter myself that they may never cease to view them with indul- shall counsel. be productive of some partial benefit, gence and that, after forty-five years of Why forgo the advantages of so pecu- some occasional good, that they may my life dedicated to its service with an liar a situation? Why quit our own to now and then recur to moderate the upright zeal, the faults of incompetent stand upon foreign ground? Why, by fury of party spirit, to warn against abilities will be consigned to oblivion, interweaving our destiny with that of the mischiefs of foreign intrigue, to as myself must soon be to the man- any part of Europe, entangle our peace guard against the impostures of pre- sions of rest. and prosperity in the toils of European tended patriotism—this hope will be a Relying on its kindness in this as in ambition, rivalship, interest, humor, or full recompense for the solicitude for other things, and actuated by that fer- caprice? your welfare by which they have been vent love towards it which is so nat- It is our true policy to steer clear of dictated. ural to a man who views in it the na- permanent alliance with any portion of How far in the discharge of my offi- tive soil of himself and his progenitors the foreign world—so far, I mean, as we cial duties, I have been guided by the for several generations, I anticipate are now at liberty to do it, for let me principles which have been delineated, with pleasing expectation that retreat, not be understood as capable of patron- the public records and other evidences in which I promise myself to realize izing infidelity to existing engage- of my conduct must witness to you and without alloy the sweet enjoyment of ments. (I hold the maxim no less appli- to the world. To myself, the assurance partaking in the midst of my fellow cable to public than private affairs, of my own conscience is, that I have, at citizens the benign influence of good that honesty is always the best pol- least, believed myself to be guided by laws under a free government—the ever icy)—I repeat it, therefore, let those them. favorite object of my heart, and the

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2209 happy reward, as I trust, of our mutual tion, can make things just a little bit are seeing the spirals, we are seeing the cares, labors and dangers. better for someone somewhere—even shortages, and we are becoming con- GEO. WASHINGTON. our children and grandchildren. cerned. UNITED STATES, Mr. BYRD. I thank my friend. I think it is also fair in most cases to 17th September, 1796. f understand that energy is one of those The PRESIDING OFFICER. The nebulous things that is really so impor- MORNING BUSINESS Chair thanks the Senator from Vir- tant that it is often overlooked. It ginia. The PRESIDING OFFICER (Mr. NEL- grows our food, heats and cools our Mr. BYRD. Mr. President, I suggest SON of Nebraska). Under the previous homes, and powers our electronic the absence of a quorum. order, there will now be a period for world. It is really what keeps us alive. The PRESIDING OFFICER. The the transaction of morning business We have fought over energy. We just clerk will call the roll. not to extend beyond the hour of 4 p.m. came back from the Persian Gulf war. The assistant legislative clerk pro- Under the previous order, the time Wars have been fought over energy. ceeded to call the roll. until 2:30 p.m. shall be under the con- Billions of dollars are spent just to en- Mr. MURKOWSKI. Mr. President, I trol of the Senator from Alaska, Mr. sure that we have access to energy in ask unanimous consent the order for MURKOWSKI. The Senator is recognized. various forms. the quorum call be dispensed with. f Our continued economic prosperity The PRESIDING OFFICER. Without depends on a clean, secure, and afford- NATIONAL ENERGY SECURITY objection, it is so ordered. able energy supply. It is for this reason Mr. MURKOWSKI. Mr. President, I Mr. MURKOWSKI. Mr. President, I that I rise today to introduce the Na- congratulate my colleague from Vir- am going to be introducing today legis- tional Energy Security Act of 2001. ginia on the reading of George Wash- lation which has been forthcoming for What we put before the Senate today ington’s Address. I listened carefully. I some time. The legislation is the spe- is a balanced portfolio of energy op- think we all share the thought and vi- cific energy bill that has been worked tions, and to begin debate on these im- sion expressed in that address when it on by a number of my colleagues and portant issues. was first made. Each year it has been professional staff on the Energy and Let me advise the President that by repeated, and being part of that tradi- Natural Resources Committee. As a no means is this intended to be the tion adds to the stature of our new consequence, what we have here is a package necessarily of comprehensive Senator from the State of Virginia. I comprehensive bill that will be intro- energy legislation that will ultimately am pleased to have listened attentively duced twice because one version will go come out of the committees of jurisdic- to his reading. to the Energy and Natural Resources tion—the Energy and Natural Re- Mr. BYRD. Mr. President, will the Committee and that will be titles 1–8; sources Committee and the Finance Senator yield? and another version with the entire Committee—and onto the floor. Mr. MURKOWSKI. I am happy to text, titles 1–9, will be referred to the The purpose of the legislation is so yield. Finance Committee. that we can begin the debate on the Mr. BYRD. Mr. President, I wish to Mr. President, this legislation is important issues to determine just associate myself with the remarks of sponsored by myself and Senator what kind of energy policy we should the distinguished junior Senator from BREAUX. It is bipartisan legislation. In- have in this country. the State of Alaska concerning the cluded as original cosponsors are Sen- I should also mention that this par- meaning of the address and its eternal ator LOTT, Senator VOINOVICH, Senator ticular legislation as proposed does not and continuing truths. We would all do DOMENICI, Senator CRAIG, Senator have the input of the new administra- well to listen annually to the reading CAMPBELL, Senator THOMAS, Senator tion. They have only been in office for of this address. I thank the distin- SHELBY, Senator BURNS, and Senator about 5 weeks. It is my understanding guished junior Senator from Virginia HAGEL. that an energy task force has been put for his eloquence and for his reading of The purpose of the bill specifically is together, by the order of the President, the message this morning. to protect the energy security of the with the responsibility given to Vice I am only sorry more Senators have United States and to decrease Amer- President CHENEY. They anticipate not attended this important occasion. ica’s dependence on foreign oil sources having an energy policy developed That is nothing new. I have, I think, to 50 percent by the year 2001 by en- within 45 or 60 days. Undoubtedly, the attended the reading of the Farewell hancing the use of renewable energy re- input from the administration is going Address of our first and foremost and sources, conserving energy resources, to be a necessary additive to the ulti- greatest President, George Wash- improving energy efficiency, increasing mate debate, and legislation will be ington, for many years. I try always to domestic energy supplies, improving forthcoming. attend if I am in the city, and it goes environmental air quality by the re- During the last decade, the United without saying that I am generally duction of emissions from air pollut- States has lost control of its energy fu- here at this time. ants and greenhouse gases, and de- ture. At no time in our history have we I always get something new out of creasing the effects of increases in en- relied upon others for more of our en- listening to this address. I only hope in ergy prices on the American consumers ergy supplies while producing a smaller the future our colleagues and our joint as well. percentage of the energy we consume. leadership will attempt to attend and I would like to talk at some length Ten years ago, the U.S. imported less encourage the attendance of all Sen- this afternoon on what comprises this than half of the oil it consumed; today, ators to the reading of this address. particular legislation. I am going to be that has increased to nearly 60 percent. I close by thanking my colleague, referring specifically to the items in Meanwhile, other types of energy have Mr. ALLEN, again. I thank the Senator the comprehensive energy bill which is been made more difficult to produce, from Alaska. the National Energy Security Act of more difficult to deliver, and more dif- Mr. MURKOWSKI. Mr. President, let 2001. ficult to use. me also comment on the statement of I think it is fair to say we all have The rapid growth of the Internet and the senior Senator from West Virginia, taken energy for granted for far too the ‘‘dot-com’’ economy during the who clearly leads the way of all Sen- long. Yet now, with a weakening econ- 1990s led to significant increase in de- ators as the historian of this body. omy, increasing energy costs, and re- mand for energy. Yet, despite this in- Reminding us that each time he has gional shortages, we are much more crease in demand, domestic production learned something new and takes a new aware of the reality that we have real- of all forms of energy has remained flat appreciation of that with him is some- ly not had a real energy policy for over the last four years. thing we can all reflect on in our own most of the last decade—something we The impacts on the American con- lives so we, through our own contribu- just took for granted—and suddenly we sumer have been clear: higher energy

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2210 CONGRESSIONAL RECORD—SENATE February 26, 2001 prices, less economic growth, and less cleaner utilization of these sources of Our legislation expands funding for prosperity for all. energy. the weatherization and LIHEAP energy We can take a lesson from history. Second, improve energy efficiency assistance programs. It provides assist- The lack of a coherent energy policy and conservation. We have the tech- ance to lower monthly energy bills and has led to the greatest energy price nology for clean coal. We have the uti- protects consumers and low-income volatility since the energy crises of the lization of nuclear. We just need to ad- families. We encourage State and re- 1970’s. dress what to do with the waste. gional energy conservation programs For much of the past two years, glob- Third, expand the use of alternative to minimize the effects of regional al supply of crude oil has been nearly fuels and renewable energy. We have shortages in energy supply like the equal to global demand. As a result, this capability. Unfortunately, renew- kinds we have recently seen in Cali- crude oil prices have increased from ables and alternatives take a very fornia. $8.50 two years ago to near $30 today. small percentage of our energy mix— This legislation includes several new We have seen the domestic develop- less than 4 percent. We have spent incentives for energy-efficient homes, ment of oil in the United States drop some $6 billion in research. We are appliances, and vehicles to conserve proportionately. It is rather inter- going to have to spend more. But we energy resources and improve effi- esting to note, however, the develop- simply cannot rely on alternatives and ciency. ment of the OPEC cartel and the dis- renewables. We have to go back to the Finally, we provide new incentives cipline that has been evidenced by that basic sources of our energy—our oil, for emerging distributed energy tech- group in the last several months as our coal, our gas, and our nuclear. nologies that can provide reliable en- they have dropped the supply from What does this legislation do? Some ergy for business needs and combined time to time to ensure that the price have called this an ANWR bill, but it is heat and power technology to use remains between that ceiling and floor far more than that. I will talk about waste energy more efficiently as space of $22 to $28, and by controlling produc- that a little later. But I hope my col- heating. tion they can keep that price range. leagues will look closely at this legis- This new national energy strategy Last summer, consumers faced gaso- lation and see that it is an attempt to makes good economic sense. It protects line price spikes in the Midwest as re- have a balanced approach to meet our consumers and low-income families fineries were unable to keep up with energy needs. against higher monthly energy bills. It demand. Gas prices over $2 per gallon These new programs and incentives reduces the likelihood of price spikes were the norm. will help us to find, develop, deliver, that can wipe out a company’s profits As refineries were operating at ca- and conserve all our domestic energy or a family’s savings overnight. It pacity to produce gasoline, they were resources. In doing so, we will reduce keeps the heat and lights on for the unable to produce the heating oil we our reliance on foreign oil to less than Nation’s factories, homes, and busi- needed for the winter. We faced a heat- 50 percent by the year 2010 to protect nesses, and maintains economic ing oil shortage, particularly in the our energy security. That is a goal of growth. Northeast. this legislation. It will not eliminate It is also good from the standpoint of Many consumers turned to natural our dependence, but it will simply re- the environment. It makes good envi- gas to meet their winter heating needs, duce it. ronmental sense, with cleaner, more ef- but expansion in gas-fired power plants How do we do that? We do that by an ficient use of energy using new tech- has strained supply. We’ve seen natural expansion of our conventional sources nologies and fewer air pollutants and gas prices increase from $1.80 per 1,000 of energy—our coal, our oil, our nat- greenhouse gases. cubic feet two years ago to over $10.00 ural gas, and our nuclear, and using The ‘‘wild ride’’ in energy markets in recent weeks. our technology to achieve it. Our ob- over the past 2 years has made our en- And most recently, we’ve seen the jective is to provide the energy our ergy challenge very clear: We need to consequences of inadequate electricity economy requires for continued establish a sound national energy pol- supply in California—no new power growth. icy to ensure clean, secure, and afford- plants in 10 years—blackouts, elevators Again, we can improve the environ- able energy supplies. This policy must stuck, traffic lights off; and schools, mental quality of these fuels by invest- use all our fuels—fossil and renew- fertilizer plants, plastic and computer ing in advanced research and develop- ables—to meet those needs, as well as chip makers were all affected. ment programs and providing tax in- conservation and alternatives. Fertilizer plants refuse to make urea. centives for developing new, cleaner, The legislation we have introduced They are now selling it. Urea is a by- more efficient technologies. We encour- today is the first attempt to articulate product of gas. We are seeing alu- age new investment in energy infra- the elements of a sound national en- minum companies, rather than produce structure, transmission lines, natural ergy strategy. Other elements we must aluminum, sell their electricity. gas pipelines, and drilling equipment. also address separately are access All of these energy ‘‘crises’’ have a By doing so, we get the best technology issues, regulatory reform, nuclear common cause: Supply of energy sim- out of the market. We have that tech- waste, and climate change. But we ply isn’t keeping pace with demand in nological capability, and we take steps must start now. I look forward to spite of our efforts at conservation. to ensure the reliability of the Nation’s working with the President and my Re- With the economy on its longest joy- electric power supply so critical for to- publican and Democratic colleagues to ride in history, policy makers chose day’s new economy. enact this legislation into law. not to check the fuel gauge. Our tank We also provide new programs and in- This morning we opened this effort now almost empty, and our economic centives to expand the supply of renew- with a press conference. It was rather engine is sputtering. It is time to make able energy at home and alternative interesting to note some of the ques- tough choices. Add fuel to the tank. fuels in our automobiles. tions that were posed relative to the The time has come for a sound na- A robust domestic energy industry— legislation Senator BREAUX and I, tional energy policy—one that uses the both fossil and renewables—helps to along with Senator LOTT and others, fuels of today to yield the technologies keep energy prices stable and afford- have introduced. of tomorrow. able. I think you would agree, Mr. There was the question of, how much Our national energy plan—the Na- President, that is good business. And it is this bill going to cost? Unfortu- tional Energy Security Act of 2001—has is good for the consumer. But it is nately, the Joint Tax Committee has at its core three fundamental goals: more than just supply. not given us a figure. We expect that Increased supply of conventional Our legislation is not only about sup- within 10 days. But it is a lot cheaper fuels—oil, coal, gas, nuclear. ply, as some would have you think. We than not doing anything, if you will. We do it more efficiently and with also focus on using energy more effi- And that is where we have been for far the latest technology that provides ciently. too long.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2211 Another question was about, how im- quire an accelerated program for nu- demand will increase by 50 percent, and portant is the ANWR, the Arctic Na- clear waste storage? We need to use all at some point developing countries, led tional Wildlife Refuge? Developing a our domestic resources. Inasmuch as by China, will begin to consume more national energy strategy is really a nuclear contributes about 20 percent of energy than the developed countries. team effort. ANWR is one of the best the total electric energy in this coun- Mr. LOTT. Mr. President, if the Sen- players on that team because it is the try, it is important that we continue ator from Alaska will yield, I came to one area where the geologists have said our efforts to try to resolve what to do the floor to commend and congratulate there is likely to be a major oilfield of with the nuclear waste. the distinguished chairman of the En- gigantic proportions, somewhere in the As you know, Mr. President, we were ergy and Natural Resources Committee area of 10 billion barrels and perhaps as one vote short in the last Congress of for his work on this very important much as 16 billion barrels. What does overriding a Presidential veto. The dif- legislation. It is overdue. It is very that mean? Well, 16 billion barrels ficulty with the nuclear waste issue is broad, comprehensive legislation that would be what we would import from no one wants the waste. As a con- is designed to address this problem. I Saudi Arabia for a 30-year period of sequence, as we pursue our efforts in think he should be recognized for the time. We do not believe we can afford Nevada to develop the Yucca Mountain effort he has put into it. to leave that source on the sidelines. site, there is a noted lack of support This is a bill that has been developed We believe we have the technology to from the Nevadans. in a bipartisan way with all different do it safely. Some have asked, how will That is understandable, yet that views and regions of the country re- this bill provide relief in California? waste has to go somewhere. As we look flected in various components of the There is certainly no immediate solu- at some of the technology that has de- bill. I acknowledge that. I ask the Senator, when does he ex- tions to the California situation. Cali- veloped over the years, we find the pect there will be some input from the fornia, unfortunately, became depend- French have addressed, through the administration, and how does he plan ent on outside sources. I think there is vitrification process, the recovery of to proceed in terms of committee hear- a bit of a parallel there. I understand plutonium, putting it back in reactors, ings and when he might actually get California is currently importing about burning it, and basically getting rid of legislation ready for the Senate to con- 25 percent of its energy from outside that proliferation. We don’t seem to be able to do that in this country. Maybe sider? the State. As a consequence, California Mr. MURKOWSKI. I appreciate that we should give more thought to it. has become vulnerable because they inquiry. As I believe the leader recalls, There has been a question brought up have not developed their own sources the President has appointed Vice Presi- about providing some short-term of energy. They prefer to buy it from dent CHENEY to form a task force de- changes such as increasing CAFE other States that have surpluses. veloping an energy policy for the ad- standards in the legislation. We think Without going into the inefficiencies ministration. That task force has been we have addressed this because we of deregulation—which was really not a at work for some time. My under- have, as far as CAFE standards, put the true deregulation when you maintain a standing is they should have this ready burden on the Federal Government to cap on retail prices—it is fair to say in about 45 days. there is a situation where, in the sense have its vehicles pick up about 3 addi- I am most appreciative of the Sen- of our increased dependence on im- tional miles to the gallon, and that is ator’s cosponsorship, along with that ported oil, we are too dependent on a good place to start before we dictate of Senator BREAUX. This is a bipartisan outside sources. As a consequence of to the American public any mandates package. It will go to the two commit- that, I think we are certainly vulner- with regard to this. It is fair to say tees of jurisdiction—the one I chair, able to price hikes for oil as well. that if it works for the Government, the Energy and Natural Resources So I think that as we look at the then the Government ought to lead the Committee, and the other is the Fi- California situation, we should recog- way. nance Committee. We will begin hear- nize the exposure we have here in the There are some other points I will ings as soon as I have had an oppor- United States on our increased depend- bring to the attention of the Senate at tunity to sit down with Senator BINGA- ence on oil, which is about 56 percent. this time relative to the state we are MAN and find some mutually compat- The question came up: What com- in. This came about as a release last ible dates. We intend to move on this ments have we gotten from the admin- week from the Center for Strategic and and get the debate started because, as istration? President Bush recognizes International Studies, a well-renowned the Senator knows, it is a very com- the need for a national strategy. Vice defense and foreign policy think tank prehensive piece of legislation. There is President CHENEY has been leading a here in Washington. It includes schol- going to be a lot of input into it. There task force to develop their own initia- ars, both moderates and conservatives, are certain things we have to get done, tives. It is my understanding that ef- from both parties, and their conclusion and we need an estimate from Joint fort is going to be completed in about in a three-volume, 3-year effort enti- Tax. 45 days. So we look forward to incor- tled ‘‘Geopolitics of Energy into the This legislation is meant to stimu- porating their comments into our on- 21st Century.’’ late new technology, to provide incen- going work at the appropriate time. The new study predicts that the U.S. tives for the small independents, the We have had meetings with our col- and other industrial nations will be- stripper wells, so we can keep those leagues over in the House, Congress- come increasingly dependent on oil people going when the prices decline. It man TAUZIN and Congressman BARTON. from the Middle East in the next 20 is not addressed to the large oil compa- And we have had a very positive re- years and will need the region’s most nies that can fend very well for them- sponse relative to the manner in which unstable countries—Iran, Iraq, and selves. we hope to bring this legislation Libya—to raise their output. I wonder, Mr. LOTT. I thank the Senator for through the House and Senate. at what price to the U.S. his response. I asked so I could have Now, when will we have a vote on Furthermore, I refer to a Wall Street some plan as to when we might bring it this? Obviously, it is going to the com- Journal article on February 15 and an to the Senate. I hope that certainly in mittees of jurisdiction for hearings— AP article of February 14 on the same June or July of this year we would be the Energy Committee and the Finance subject, indicating that global demand able to get to it. Committee. But what we wanted to do will grow sharply over the next two Let me ask the Senator another is get the debate started on the entire decades. The oil will come from areas question. I don’t want to take up all of bill so we can move through the com- with increased risk of supply interrup- his time. I would like to have some mittee process and, hopefully, to the tions. Further, it states, by 2020, half of brief time to make some remarks of floor at a later date. all petroleum used by the world will be my own. I believe we are importing Some have said this bill calls for met from countries that impose a high now 56 percent of the oil needs of this more nuclear power, and will this re- risk of internal stability. World energy country.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00008 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2212 CONGRESSIONAL RECORD—SENATE February 26, 2001 Mr. MURKOWSKI. That is correct. but when I come back here, I don’t get to simply produce more energy and The largest increase is now coming the sense of urgency. In fact, there are sustain ourselves with new tech- from Iraq, from Saddam Hussein. Re- a lot of people who seem to think all nologies, renewables, alternatives, and member, we fought a war over there in we need to do with our energy problem we have to conserve. 1991. is provide more incentives to weath- Nevertheless, when you talk about Mr. LOTT. That is right. When I go erize our houses, which is fine, and pro- solar panels, in Alaska, sometimes it around the country, I find there are a vide more money for the Low Income gets dark in the winter for a long time. number of States with additional oil Home Energy Assistance Program, The wind doesn’t always blow like it that could be used if we could get it money that we give to low-income indi- does in Washington, DC, or sometimes out of the ground. It is not being used. viduals to meet their heating and air- in this Chamber. Nevertheless, when There are a lot of areas of the country, conditioning costs. you and I leave here, we have to have such as my own, where we have a sub- Now, I emphasize that while those jet fuel in that airplane, not hot air. I stantial supply of natural gas but there are both fine in this bill, they are not think it affords us the responsibility has not been an incentive or incentives an energy policy. The answer to the en- that we have to come up with some for us to convert to natural gas, which ergy shortage is not for the Federal meaningful legislation. is clean burning and has been a cheaper Government to pay the additional cost If the majority leader would care to source of energy, even though, because of not having an adequate supply. speak at this time, I am happy to yield of all the demand, it has been going up. So I commend the Senator for includ- the floor on this matter. I would appre- I found, when I was in Kentucky last ing those provisions in his bill. It is ciate being recognized upon the conclu- week, there is substantial progress comprehensive. He has more incentives sion of his remarks. being made in clean coal technology for exploration and conservation, for Mr. LOTT. Mr. President, today’s that we could make better use of coal. alternative sources, and for low-income fuel prices are a daily reminder that In my own State, we have a nuclear needs. I look forward to us actually America is now at the mercy of foreign plant but no place to put the nuclear getting to the floor and having a full oil producing nations. America’s de- waste. When I go out west, I see other debate and amendments. pendence on foreign oil directly threat- sources being used. Wind is one exam- If we complete this year not having ens our national security and our freedom. However, before you blame your ple. The list is endless of the potential passed a major national energy policy neighbor’s SUV, your local fuel dis- we have in this country. Yet we are not bill, it is going to be a big mistake, a tributors, the oil companies, the auto- using it. tragedy. I think it is the biggest threat I wonder if the American people to our future economic prosperity. If makers, or any of the other usual scapegoats, consider this fact—Amer- think we have a shortage of energy we don’t do this now, we could be in ica is one of the leading energy pro- supply. I ask the distinguished chair- danger because there won’t be the ducing countries in the world. This man of the Energy and Natural Re- power to run Silicon Valley or new country has the technology, alter- sources Committee, do we have a short- automobile manufacturing plants or native resources and enough oil and age? If we don’t, why are we importing anything else. There will be shortages, natural gas to be much more self-suffi- 56 percent of our energy needs from the and that will be a mistake for our fu- cient. America does not have to revert OPEC countries of the world? I think ture economy. back to the practices of the 1970s. I thank the Senator for yielding. I this is totally indefensible. This country is faced with a very se- Mr. MURKOWSKI. I think our na- wanted to engage in a little bit of a dis- rious problem. Our nation’s’s farmers tional energy security interest is at cussion about when we are going to are being hit hard—due to the cost of risk. We fought a war over there to take this up. home heating bills, farm fuel costs, Mr. MURKOWSKI. Mr. President, I keep Saddam Hussein from invading gasoline, and the impact of the crisis appreciate the remarks of the majority Kuwait or going into Saudi Arabia. At on the fertilizer industry. For obvious what point do we compromise our na- leader. I thank him for his commit- reasons, the transportation industry is tional security? I think if we see fit to ment and enthusiasm to make sure also seeing a significant hit in air fight a war over it, it is pretty impor- this legislation is of the importance cargo and passenger transportation, tant. As the Department of Energy pre- that it obviously is as we look at the intercity bus, trucking, and rail trans- dicts, in the year 2006 or 2007, we will situation in California. We just recog- portation. This in turn affects the be in the high 60s, 60-some-odd-percent nize, for example, we have huge re- tourism industry. Rising oil prices im- dependent on imports. sources of coal in this country—huge pact more than just energy costs. They We have tremendous reserves in the resources. We have the technology to are absorbed into a wide variety of Gulf of Mexico. We have reserves in the clean that coal and reduce emissions. goods causing a general increase in overthrust belt in my State of Alaska We haven’t built a new coal-fired plant consumer prices. This cost increase and tremendous resources of natural since the mid-1990s. Why? We could not threatens the engine of the nation’s gas in Mississippi and Alabama, Texas, get a permit, for all practical purposes. economy, our nation’s small busi- Louisiana. We have these resources. We All the emphasis has been on natural nesses. have the technology to develop them gas. All of this is simply because of the safely. We have had a difficult time, If you are going to generate elec- lack of an energy policy. As a result, perhaps, convincing the environmental tricity, you get natural gas. It is be- U.S. crude oil production is down sig- community that we can make a small- coming short in the sense that our re- nificantly, as consumption continues er footprint. We can do a better job. serves that are attainable are being to rise. America now imports over 56 And we have the American ingenuity pulled down very rapidly. So we are percent of the oil it consumes—com- and commitment to do it, if given the going to have to find, if you will, new pared to 36 percent at the time of the opportunity. reserves. We have the Gulf of Mexico, 1973 Arab oil embargo. At this rate the Many of these areas have been closed with the technology, drilling in 3,000 to Department of Energy predicts Amer- for exploration and development. 6,000 feet of water. While there is a risk ica will be at least 65 percent depend- Mr. LOTT. Mr. President, as I go associated with that, they have new ent on foreign oil by 2020. around the country and around my own technology virtually reducing that risk The National Energy Security Act of State, more and more people are bring- to a large degree, so it is manageable. 2001, which we are introducing today, ing this subject up to me. People are I think we have to convince our envi- seeks an overall goal: To enhance na- complaining about gasoline prices. ronmental friends we do have the tech- tional security by reducing dependence They are complaining about their elec- nology to make the footprint smaller, on foreign energy sources while pro- tricity bills or their natural gas bills. to do a better job, and to get on with tecting consumers by providing stable Out in the real world people seem to be the reality that we can’t conserve our supplies at affordable prices. It pro- concerned about it and mad about it, way out of this energy crisis. We have vides incentives for the use of natural

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00009 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2213 gas—a fuel which can burn cleanly in we have. If not, those bills are just hit in air cargo and passenger transpor- internal combustion engines, and going to get bigger, and those outages tation, intercity buses, trucking, and which is abundant within our own bor- will occur more frequently. America rail transportation. It has affected the ders—especially in the Gulf of Mexico. can solve its energy problems but Con- entire economy already. Indications It also calls on America to utilize other gress must act in the interests of the are—and perhaps the Senator from domestic resources through incentives entire nation, rather than a select few. Alaska has already noted this—that which encourage the use of marginal America badly needs a comprehensive, the current oil price situation has al- oil wells, and the billions of barrels of but realistic, national energy policy, ready spiked up the CPI by four-tenths oil we have in Alaska. Likewise, this and we need it now. of a point. That is huge. But you don’t measure does not ignore the use of re- Mr. President, again, as we have been have to be a rocket scientist to figure newable energy resources such as solar discussing, today’s fuel prices are a out how that would be happening be- power, hydro-power, or wind power. daily reminder that America is now at cause of the rising oil prices and the However, Congress must acknowledge the mercy of foreign oil-producing na- impact they have on energy costs that America cannot realistically run tions. America’s dependence on foreign across the board. only on renewable energy resources. oil directly threatens our national se- It is affecting consumer prices, and Coal, oil, and natural gas remain our curity and our freedom. We need to small businesses are also being hit. All most abundant and affordable fuels, think about that and recognize it. this is simply because of the lack of a and they can be used in environ- The situation we have seen in Cali- national energy policy. We thought we mentally sound ways. fornia is not going to be unique, and it confronted this problem back in the Some 55% of the electricity gen- is not just going to apply to the Mid- 1970s when we had the long lines at gas- erated in the United States comes from west or the Northeast. This is going to oline stations. Remember, I think they coal-fired steam generating plants. be a national problem. It is going to af- had marathon sessions here in the Sen- Coal can make a significant contribu- fect our economy and our future secu- ate. We took action and we thought tion to U.S. energy security, if the en- rity. that would not happen again. We didn’t vironmental challenges of coal-fired When we have the possibility that do enough. America now imports about plants can be met. This legislation will Iraq can cut off part of our oil supply, 56 percent of the oil we consume com- provide credits for emissions reduc- and maybe involve other Arab OPEC pared to 36 percent at the time of the tions and efficiency improvements. It countries, that is extremely dangerous. 1973 Arab oil embargo. At this rate, the will also provide a tax credit on invest- Yes, we have SPR, the Strategic Petro- Department of Energy predicts Amer- ments in qualifying system of contin- leum Reserve, but only enough for a ica will be at least 65-percent depend- uous emission control installed on ex- few days—perhaps a few weeks—at ent on foreign oil by 2020. That is existing coal-based units. which point we would be on our eco- tremely dangerous. Congress must provide incentives for nomic knees and in danger from a secu- The National Energy Security Act of independent producers to keep their rity standpoint. 2001, which we are introducing today, wells pumping, as well. Tax credits for A lot of people want to blame some- seeks an overall goal: To enhance na- marginal wells will restore our link to thing else: Oh, it is your neighbor’s tional security by reducing dependence existing oil resources, including many SUV; it is your local fuel distributors on foreign energy sources while pro- in my home state of Mississippi. These who are gouging you; or the oil compa- tecting consumers by providing stable wells are responsible for 50% of U.S. nies are doing it because they want to supplies at affordable prices. It pro- production. make more money; or the automobile vides incentives for the use of natural We also need to increase the avail- manufacturers can produce auto- gas—a fuel that certainly burns cleaner ability of domestic natural gas, which mobiles more fuel efficient. Perhaps than some of the types that we have is the clean alternative for coal in elec- they can, and I hope they will continue now—where we have an abundance of it tric power plants. Federal land out to make our automobiles better and within our own borders, especially in West may contain as much as 137 tril- more fuel efficient all the time, and my own area of the Gulf of Mexico. It lion cubic feet of natural gas. Simi- they have been doing that. calls on America to utilize other do- larly there is Federal land in Alaska There are any number of scapegoats. mestic resources through incentives which is estimated to contain 16 billion Before we do that, we should stop and which encourage the use of marginal barrels of domestic crude oil None of realize America has plenty of energy oil wells. these facts should be surprising. sources. It is just that we are not using We have billions of barrels of oil that There has to be a solution to this them or getting them out of the are available in these marginal wells problem. Some would say that all we ground, and we are not taking advan- and certainly up in the Alaska area. need to do is improve energy efficiency tage of the alternative fuels the way There are those who say: No, we can’t and reduce energy consumption. While we should. We have the technology. open up ANWR or some areas on the there is a place for energy efficiency That is why I specifically mention this west coast, areas on the east coast. incentives in developing a natural en- clean coal technology. I am sure the We could have everything environ- ergy policy, we must not starve our distinguished Senator from West Vir- mentally pure, but we may not be able economy of the energy it needs to ginia could tell you about it. There is to have the energy supplies we need to maintain and improve our standard of a plant over here in Maryland that is run this country or to heat our homes living. In the long run, a national en- using, I guess, a forward-leaning exper- or fuel our farmers or our economy ergy policy that looks at all realistic imental basis—clean coal technology. generally. sources of energy must be developed. We should explore that to the greatest We should also look at alternative This is not the 1970s, America has extent possible. That is a resource of sources such as solar power and hydro- better technology, more efficient and which we have a large supply. It is all power, which is something we rely on cleaner automobiles as well as more across the board. Yet there are many in this country. We see a problem up in energy options. The question is: How in this country who say let’s just re- the Northeast, and because it has been long will we forgo these options and be vert back to the 1970s; let’s just go with a light year for rain and snow in the held hostage to nations abroad or ex- conservation; let’s not worry about Northwest and in States such as Idaho, tremists at home? Millions of Ameri- supply. I think that is a problem. Oregon, and Washington, they have a cans are enduring mandated power out- Our Nation’s farmers are being hit potential problem there. ages because of lack of power infra- hard. They are paying higher prices for Some 55 percent of the electricity structure or are stuck with bigger farm fuel costs, heating bills, gasoline. generated in the United States comes heating bills due to increased demand That is affecting the fertilizer indus- from these coal-fired, steam-generating and limited production of energy. try. For obvious reasons, the transpor- plants, as I have indicated. Coal is America must tap the vast resources tation industry is seeing a significant something we have an abundance of,

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00010 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2214 CONGRESSIONAL RECORD—SENATE February 26, 2001 and with some more tax incentives, we will say we shouldn’t give incentives to with double and sometimes triple the can continue to make progress in com- get these margin wells in operation. energy bills they had last winter. It is ing up with new systems that will pro- Others will say the Federal Govern- very difficult for many families to ab- vide tremendous rewards for us. ment should not be involved in paying sorb this shock to their budgets, and I understand the natural gas area we people’s utility bills. they cannot go without heat. We have have in the West is as much as 137 tril- If we pick it apart piece by piece, we increased the Federal funding for the lion cubic feet. It is estimated that we will wind up with nothing or a skel- Low-Income Home Energy Assistance have 16 billion barrels of domestic eton, and we will not have a national Program, LIHEAP, to assist families in crude oil in Alaska. None of these facts energy policy. If we do that, I predict, the short term. But the real answer is really should be surprising. We have today on this floor, within the next 5 a long-term change in policy. known it, but we have not been serious years we are going to have a disastrous High energy costs ripple through the about taking advantage of what we energy supply situation in this coun- economy. Price spikes send a shock have there. We can do all this while try. We have an opportunity to do through the economy, increasing prices protecting the environment. something about it this year in a bipar- for everything that uses energy, and I realize this is something you can’t tisan way that will be good for every that is everything. They drive up infla- apply to every situation, but in the region of the country and every group tion. Gulf of Mexico, an area I am familiar that might have an interest in energy An analysis last year by the Heritage with regarding oil and gas explo- policy. Foundation found that high oil prices ration—I live right on the gulf. I look I implore my colleagues in the Sen- would cost the average American fam- out on the Gulf of Mexico. It is a won- ate, and I call on this new administra- ily of four more than $1,300, decrease derful sight and one of the most peace- tion: Let’s step up to this. Let’s not consumer spending by nearly $80 mil- ful things I do. I sit on my front porch shrink from our own problems, desires, lion, and cost our economy almost in a rocking chair and look at those concerns, or knowledge. One thing that 500,000 jobs over the next 2 years. gulf waters to my left toward the Ala- has always bothered me is if you know In the United States, a slowdown in bama State line. anything about a subject, if you know economic growth due to higher energy Not long ago, there was a natural gas anything about energy, in this city you prices will have a negative impact on well pumping away and doing fine. A are disqualified; you have to be igno- our Federal budget. The assumptions couple of times they had to flare it, rant to decide what you need to do for projected Federal budget surpluses and at night it was a beautiful sight. about the future energy needs of this over the next 10 years do not take into They have done what they wanted to country. That is a big mistake. account what would happen if high en- do with that well and have moved on. We have an opportunity with regard ergy prices, energy shortages, or en- As Senator MURKOWSKI has said, ergy rationing stalled our economy. more and more of these oil and gas rigs to our children’s economic future. Where then would be our proposals to are moving to deeper and deeper water. From a security and freedom stand- They drill now in such a way that they point, we must do this bill. I look for- finance new prescription drug plans for know what they are going to hit. They ward to bringing it to the floor of the Medicare recipients, provide more know where it is, and they can do it in Senate for consideration by all Sen- funding for education, grapple with the 2,000, 3,000 feet of water. It is amazing ators. restructuring of our entitlement pro- technology. Mr. President, I yield the floor. grams, and much needed funds to im- Have we ever had an incident in my The PRESIDING OFFICER. The Sen- prove our Nation’s military? The home area? No, never have we had an ator from Alaska. money needed to fund these areas of incident with an oilspill at a rig or Mr. MURKOWSKI. Mr. President, I our Federal budget and pay down our with natural gas. The most dangerous yield 10 minutes to Senator HAGEL. national debt would have gone up in thing we have is a Chevron refinery. Mr. HAGEL. Mr. President, energy smoke—literally gone up in smoke. Big ships come in and have to offload touches every facet of our lives. Energy Energy policy has broad national se- on to smaller ships. They bring those is serious business. America must have curity implications for the United smaller ships into the harbor and port a national energy policy that ensures States because we are so reliant on for- and offload them at the refinery. They, we have a reliable, stable, and afford- eign sources for our supply of crude oil. too, have been successful in not having able source of energy. This cannot be During 1973, at the peak of the energy incidents that have caused environ- neglected. To do so leaves our Nation crisis, we relied on foreign sources of mental problems, but there is more of vulnerable on all fronts. oil for 35 percent of our domestic sup- a risk bringing in foreign oil from big Energy policy ties together Amer- ply. Since that time, we have become boats to smaller boats to the dock than ica’s economy, our standard of living, more, not less, dependent on foreign there is to drill for oil and gas. our national security, and our geo- oil. Today we import about 57 percent Also, the best fishing in the gulf is political strategic interests around the of the oil used in the United States. Pe- around the rigs. Ask the people who world, and, of course, this Nation’s fu- troleum accounts for one-third of the live there. They will tell you it has ture. U.S. total trade deficit. Who are we been a tremendous boon to fishing. You We have entered a period where low kidding? catch the biggest fish right around the energy supply has met high energy de- Our reliance on foreign oil leaves the oil rigs off the coast of Louisiana and mand. Oil prices have tripled over the United States vulnerable to the whims off the coast of Mississippi. This is a last 2 years, hitting a high last fall of of foreign oil cartels. Should some- personal example. nearly $40 a barrel—the highest price thing happen to threaten this supply, We can have oil and gas exploration, since the buildup to the Persian Gulf we cannot turn on the spigots in the protect the fish and wildlife, and do it war in November 1990. United States overnight; we are lit- in an environmentally safe way. I hope Last Friday, the price of a barrel of erally blackmailed; we are literally we will develop this overall policy. We oil was $29. This winter, California has captive to outside energy sources. can pick it apart. Some people are endured severe disruptions in the sup- A tight oil market gives additional going to say: Oh, no, we can’t open up ply of energy as a result of many fac- leverage to individual oil-exporting na- ANWR. It is always interesting to me tors, mostly a wrong-headed deregula- tions and tyrants. Half the world’s that the people who say we cannot do tion effort that left the market incapa- spare production capacity right now is it are the people who do not live there. ble of adapting to the imbalances be- in Saudi Arabia. Iraq, whom we bomb The people who live there think we can tween high demand and low supply. by night and who imports oil by day, is do it and do it in an environmentally We are also seeing the impact of a now one of the fastest growing sources sound way. combination of record high natural gas of U.S. oil imports. There will be those who object to prices and a harsh winter. Consumers Our allies would be more vulnerable that and maybe try to defeat it. Others all across the country are being hit to threats from oil-producing nations

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00011 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2215 because they are even more dependent tional sources of energy, and advances I yield the floor. on foreign oil. America and its allies cleaner technologies for the future. It The PRESIDING OFFICER. The Sen- must never allow themselves to be- encourages the development of ator from Alaska. come political hostages of energy sup- biofuels, geothermal, hydropower, Mr. MURKOWSKI. Mr. President, I plier nations. This could lead to inter- clean coal, and other energy options. thank my colleague from Nebraska for national blackmail and dangerous, un- For the United States to protect itself his candid statement, particularly predictable world instability. from the whims of international oil when he focused on the lack of sensi- We drifted through the last 8 years cartels and tyrants, we must harness tivity in the oilfields of much of the without an energy policy, content to and develop as many of our renewable world. Yet we depend on the oil coming sit back and enjoy a good economy and energy resources as possible. This bill from there. We don’t seem to have any take credit for that economy, but un- also increases funding for LIHEAP by regard for how it is produced or the willing to prepare our Nation for the $1 billion to ensure that low-income sense at this time of the environment. difficult challenges ahead and make families will not have to choose be- We take it for granted and somehow the hard choices necessary for energy tween heating their homes and feeding just ignore that we have the responsi- independence. their families. bility because we are addicted to for- When this crisis arose last year, the And, yes, part of the solution in- eign oil and yet we accept no responsi- Clinton administration had no solution cludes opening the Arctic National bility for the environment. I commend or strategy for how to deal with the Wildlife Refuge to exploration. Drilling him for that observation. I thought it problem. The policies of the last ad- in ANWR has been used to portray the was very pertinent. ministration served to discourage and Bush administration, and those who Mr. President, I ask unanimous con- at some points actually completely support opening ANWR to drilling, as sent that a list of the participants in shut off domestic oil and natural gas anti-environment. What strikes me odd the press conference on the National production. Over the last 8 years, we about that line of argument is that it Energy Security Act of 2001, including have seen millions of acres of possible is faulty. It is faulty for many reasons. the Campaign to Keep America Warm, exploration areas for oil and natural One of the most important among Interstate Oil and Gas Compact, Na- gas completely taken off the table. them is that most countries from tional Association of Regulatory Util- which we import our oil now have very While oil consumption in the United ity Commissioners, Small Business little regard for the environment. You States has risen by 14 percent since Survival Committee, National Associa- look at some of these foreign oilfields 1992, U.S. crude oil production has de- tion of Manufacturers, Association of around the world and you see total de- clined by 17 percent. Over the last 4 Home Appliance Manufacturers, Na- struction of the environment, no regu- years, 58,000 wells were shut down. tional Association of Neighborhoods, lation, no laws, no respect for the wild- What do we do about this? What can Fertilizer Institute, Edison Electric In- life and the land on which they drill. stitute, Printing Association, United we do to address this problem? We A study done by the Interstate Oil must pursue a comprehensive energy and Gas Compact Commission found States Combined Heating, American policy that decreases our reliance on that U.S. producers spend almost $3 Gas, Washington Gas, Nuclear Insti- foreign oil by increasing the safe and billion annually, or roughly $2 a barrel, tute, American Forestry Society, environmentally sound production of to comply with environmental regula- American Forests, American Institu- our domestic oil and gas resources and tion in the United States. I doubt that tion of Architects, National Associa- by developing a more diversified supply one-tenth of this is spent on environ- tion of Home Builders, Air Transport of energy sources. mental regulations in all the other oil- Associates, Society of Independent We cannot wait for the next crisis to and gas-producing countries combined. Gasoline Manufacturers, National As- decide what we will do. Natural gas de- Who is taking care of the environment sociation of Realtors, the Coalition for mand is estimated to grow by 30 per- and who is not taking care of the envi- Affordable Renewable Energy, National cent over the next decade. Shutting off ronment? Pumping and Heating, American High- the lights and increasing efficiency So if environmentalists are truly way Users, National Restaurant Asso- won’t begin to make up for the in- concerned about the worldwide envi- ciation, U.S. Oil and Gas Association, creased demand. We need a greater sup- ronment, it would seem to me they National Association of Convenience ply of energy. would want every possible drop of that Stores, the National Refiners Associa- We must develop a national energy oil and natural gas to be found in the tion, the Independent Driver’s Associa- policy that meets the present and fu- United States to be pumped and drilled tion, all who were in attendance and ture needs of our country. I am pleased under safe environmental regulations represented at the press conference today to join Chairman MURKOWSKI and imposed by State and local govern- where we discussed the introduction of my colleagues in introducing the Na- ments, the EPA, the Federal Govern- this legislation this morning, be print- tional Energy Security Act. We must ment, the U.S. Fish and Wildlife Serv- ed in the RECORD following my remarks increase our production of energy. ice. relative to the introduction of this leg- This legislation will help ensure an We are all concerned about the envi- islation. I also ask unanimous consent affordable, reliable, and diversified do- ronment. We have led our Nation far that a letter of support from the Team- mestic supply of energy. We must also too long without a comprehensive en- sters be printed in the RECORD fol- focus on becoming more efficient in ergy strategy. The President and Con- lowing my remarks. our use of energy. Conservation is im- gress must immediately address Amer- The PRESIDING OFFICER. Without portant. This bill will help make en- ica’s need for a strong, defined national objection, it is so ordered. ergy prices less volatile and alleviate energy policy. It underpins our na- (See Exhibit 1.) the impacts that the wild price swings tional independence. Energy independ- Mr. MURKOWSKI. Much has been have on the national economy. It will ence underpins our national security, mentioned of one facet of this legisla- reduce our reliance on foreign oil. it underpins our economy, our standard tion. I refer to the ANWR area. I also The United States must seek to fur- of living, our trade, our role in the want to add that while we have not ther diversify its energy resources world, and the future for our children. sought cosponsors, there have been portfolio. We must all learn the lessons Our Nation’s future is directly con- many who have come to the floor today of history and recognize that we should nected to energy capacity. If we fail or have contacted me. As a con- not be focusing our energy needs in one this great challenge, we will leave the sequence, I think it is important to add area but must have a diversity of world more dangerous than we found my senior colleague, Senator STEVENS, sources of energy to meet those needs. it. That is not our heritage. This will even though I have not been able to The bill we are introducing today pro- require bold, forceful, and intelligent contact him, so I condition that. But I motes alternative fuels for vehicles, it leadership. We can do this. We will do don’t want him to think we haven’t encourages the production of tradi- this. This is America’s heritage. thought of him. I add his name.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00012 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2216 CONGRESSIONAL RECORD—SENATE February 26, 2001 I will identify on the first map, to get ignated ‘‘wilderness.’’ You can view it about a 2-month summer. You can see a feeling for ANWR and what it is all for its beauty or its harshness. the footprint is very manageable. about, I will demonstrate what part of We have another area here in the My point going into this detail is Alaska comprises ANWR. It is 21⁄2 Wrangell-St. Elias area. We have some that those who criticize give very little times the size of Texas. Nevertheless, almost 11 million acres of wilderness in credit to the advanced technology that it is a big, big piece of real estate. This this area. To suggest this is the last we have, the ability to find oil and area on top is called ANWR. It in itself wilderness is hardly respecting reality. make a very small footprint. is about the size of South Carolina. It I want the record to note that because The justification for going into is 19 million acres. Notable on this map many of my colleagues are under the ANWR is that geologists tell us that is are the colored areas which are Federal opinion this is the only area left. where a major find is more likely to be lands. Let me conclude with a couple of made than any other area. They sug- The reason it is appropriate to reflect other items that I think are relevant gest somewhere in the area of 16 billion a little bit, I hear the quotation, why to this particular issue. To give some barrels. can’t we have some area of wilderness idea, Wrangell-St. Elias is much bigger that is as it always was, with no foot- in wilderness than is ANWR. The Gates As we look at what I think are some print of any kind? And the justification of the Arctic, as I indicated, are about of our inconsistencies, let me remind of ANWR, indeed, is it fits that descrip- 8 million acres. you that we are now importing 750,000 tion. To give some idea of the extent of the barrels from Iraq. We fought a war over That is hardly accurate. If we look at efforts to accommodate the wildlife, there in 1991. We lost 147 lives. The sig- another map shown in the scope of re- this is an article entitled ‘‘Bruins nificance of depending on that source, I ality, we see the small portion of Alas- Brewing? Polar bears apparently boom- think, suggests we are compromising ka that is known as ANWR is 19 mil- ing on stretch along Beaufort Sea.’’ our national security. I say that real- lion acres, and we have set aside 8 mil- It further states: istically because the other day we lion acres in wilderness and 91⁄2 million Beaufort Sea area’s polar [bear] population noted we took a very aggressive pos- acres in refuge, leaving 11⁄2 million as a could be in excess of 2,500. ture, bombing some of the radar sites coastal point, which is the only area Some will suggest the polar bear den in Iraq up near Musel to take them out disturbed if drilling is authorized by in ANWR. The polar bear don’t den in because we thought they were hin- the Congress of the United States. ANWR, they den on the ice. There are dering our efforts to enforce a no-fly These land designations were made in a few that do winter there, but the zone. What they did not tell you was about 1980. They are permanent. The most significant thing about what we there have been about 20,000 sorties wilderness will remain the wilderness, do with the polar bear is we don’t allow since 1991–1992, at great cost to our 8 million acres, the 9.5 million acres hunting of the polar bear. If you are a Government, enforcing the no-fly zone. will remain in the refuge, leaving the Caucasian, you cannot take a polar Just what are we doing? If I can sim- small area open for exploration. bear. You can in Russia or Canada, but plify our policy, we are importing The difference is the geologists say you cannot take it in the United States 750,000 barrels of oil from Saddam Hus- this is the most likely area where a because it is a marine mammal and is sein. We give him payment for that oil. major oil discovery might be made in protected. The Native people take a We take the oil, put it in our planes, North America, and they indicate 10 to few for subsistence. To suggest some- and go bomb him. Maybe I am missing 16 billion barrels, equal to what we im- how we are going to decimate the polar something. What does he do with our port from Saudi Arabia. bear is again mythical, a story, not money? He takes our money and, in ef- The other fallacy not noted is there made up of any scientific fact. fect, takes care of his Republican is a footprint there already. The idea of spills in the area—let me Guard, which keeps him alive. He also There is a village. There are about show the Prudhoe Bay area, because it develops a missile capability and a de- 227 Eskimo people who live there. This represents the old technology. The oil- livery capability and biological capa- is their airstrip, hangars, schools. This field is here with the caribou. There is bility. At what is it aimed? At our is a picture of the children going to the pipeline. There are the caribou. greatest ally, Israel. Maybe I am being school, happy, Eskimo children. It is a You have seen it before, Mr. President. overly simplistic, but if you think pretty bleak outlook because it is win- Those are not stuffed animals. They about it, that is about what happens. ter there about 10 months out of the are browsing around because there is At what point do we sacrifice our na- year. nothing that will harm them. tional energy security interests? What I want to show this major map again. If you spill a pint of oil from your we have done in this legislation which When we talk about this area the size transmission, it has to be reported. If we have introduced today—I see Sen- of the State of South Carolina, 19 mil- you spill water, it has to be reported. ator CRAIG on the floor—we are at- lion acres, and take it down to 1.5 mil- We have very stringent environmental tempting to reduce our dependence to lion acres here—here is Kaktovik. The laws and regulations to ensure we re- 50 percent or less, instead of increasing picture just appeared. To suggest there duce to a minimum the exposure. it. As the Department of Energy says, is nothing there is misleading. This is I also want to show another picture by the year 2005 or 2006, we will be close the radar site. This is the village. The of the wintertime and what some of the to 60 percent. At what point do we airstrip is over here. The footprint is animals are acclimated to. Because it compromise totally? At what point are really there. That is what is in this is easier to walk there, they walk on we becoming so dependent on the Mid- area of ANWR. The rest of it, as I indi- the pipeline. They are walking on the east nations that we no longer have cated, is a refuge or wilderness. I might pipeline because it is easier to do that any leverage left? They can control the add, we have about 118 refuge or wilder- than it is to walk on the snow. These supply. They can control the price. ness areas where we are producing oil are actual photographs. It is not any- or gas. To suggest this is unique begs thing that was put together. We are not going to eliminate our de- the issue. It is unique, but you have to Let me also show pictures of what it pendence, but we can reduce it. I see keep it in perspective. looks like building the area in the win- the U.S. Coast Guard reducing its mis- For those who say, why don’t we tertime where we have the rough and sion capability for rescue and fishery have some area of wilderness that has rugged tundra. In the winter, it is very patrol because of the increasing costs not had any footprint, let me show a bleak. There are about 10 months of of fuel, which limits their mission ca- couple. In our State of Alaska, we have winter a year. Here is the technology pability. I ask unanimous consent this 59 million acres of wilderness. This is used to develop the oilfields. We use document be printed in the RECORD. the Gates of the Arctic here, which is a winter roads made of ice. There being no objection, the mate- little over 8 million acres. That is it. Again, it is new technology. Here is rial was ordered to be printed in the You can wander through it. It is des- the same picture in the summer. It is RECORD, as follows:

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00013 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2217 COAST GUARD CUTS BACK ON PATROLS TO an appreciation. Keep your mind open ment. That assumes there is not going SAVE MONEY until you see it. Many of the Members, to be any other oil produced in this KODIAK (AP).—In an effort to save money, of course, tell me: FRANK, we under- country for 6 months; all of it will the Coast Guard has shaved five days off the stand you did open it. We really know stop. cutter Storis next patrol of fishing grounds. that. But you know how it is with the You can turn that thing around, and The Storis was due to leave Friday to pa- environmental community if you argue say, well, if we don’t develop it, then trol Alaska’s domestic fishing grounds, including the Aleutians and the Bering Sea, against them. the United States is shortchanging and make routine boardings of U.S. fishing What responsibility does the environ- itself with a 6-month supply for all the vessels. But the 230-foot cutter will not get mental community have relative to trains, airplanes, and all the boats. It under way until Wednesday morning, said their responsibility to come up with is a ridiculous argument, if the oil is Cmdr. Ray Massey. some alternatives and recognize that there. ‘‘Our Pacific Area Command decided to go we have an energy crisis? They simply Remember Prudhoe Bay. This area ahead and keep them at the dock as a cost- say we can conserve our way out. You has been producing 20 percent of the saving measure,’’ Massey said. ‘‘We’re con- simply can’t do it. We can do a better total crude oil produced in the United cerned that they get under way. They’ve job of it. But we are an electronic soci- States for the last 27 years. At one missed several days of domestic boardings.’’ ety. We send e-mail and use our com- The Coast Guard has taken similar meas- time it was 25 percent. That is the fac- ures in the past, Massey said. This time the puters. The reality is we have to do tual record. Alaska command is trying to close a 10 per- better. We have to use alternatives. Please keep this in mind. If you want cent cut in the operational budget. But you can’t conserve your way out of wilderness, we have 59 million acres of ‘‘This budget struggle is based on the high this. wilderness in our State, and more than cost of fuel and the mandated increases in The reason I am going into this at all the States put together. We are salaries,’’ Massey said. some length is ANWR becomes some- proud of it. But to suggest that some- The Department of Defense raised military what of a lightning rod because it is a wages 3.7 percent Jan. 1, but did not adjust how you are going to jeopardize this 19 cause, if you will, for the environ- million acres by initiating some drill- the Coast Guard budget. mental community. They need a cause. Cutters spend 45 days at sea when they are ing in 11⁄2 million acres just doesn’t fly on standard patrol duty. It costs roughly They need a cause that is far away with reality. $3,500 an hour when cutters are under way, where the American people can’t really We must have an opportunity to de- Massey said. Multiplied by 24 hours, a few see it for themselves and that the press bate some of these environmental days tied to the dock results in savings of really can’t afford to go see. As a con- groups that put fear in some of my Na- about $84,000 a day. sequence, it generates great member- tive people. These people who live in ‘‘We need a supplemental budget increase,’’ ship, great dollars, and the fear that Massey said. this area, whether they be the Eskimos somehow we can’t do this. Yet in on the North Slope or the Gwich’in The delay does not affect Coast Guard Prudhoe Bay, we have had 30 years of search-and-rescue operations, with heli- people, are proud people and look for a experience and 30 years of technology. copters and the 378-foot cutter Mellon on the better way of life and opportunities. grounds in the Bering Sea, he said. The footprint now is estimated—as you In Barrow, I always recall one friend The delay also did not disappoint most of move from this technology 30 years ago of mine who said: Senator, I used to the crew on-board the Storis, according to over to this area on the map of come to school to keep warm. seaman Frances Jiannalone. ANWR—out of this million and a half I said: What do you mean? ‘‘It was like a total surprise. We were just acres up here in the Coastal Plain, He said: The first thing I did when I about to get under way, I’m talking 10 min- which is the only thing we are talking utes, and I answered a call. They asked if we got up and left our sod home was to go about —we are not talking about this out and pick up driftwood. There were were about to get under way. I said yes, and because this is a refuge—we are talking they said, ‘Well, that’s all about to no trees. That would be driftwood change,’ ’’ Jiannalone said. a footprint of roughly 2,000 acres. That floating down the McKenzie River and He said the captain announced the delay 10 would be the footprint if the oil is lying around on the beach. He said: I there in the volume. minutes later. came to the Bureau of Indian Affairs I encourage my colleagues to keep Mr. MURKOWSKI. When that hap- school to keep warm. the discussion and the debate within pens, it affects all of our capability as Then we look at Barrow today. They the parameters of facts as opposed to well. have the most beautiful school in the emotions. To suggest that somehow we When we look at the dreaded situa- United States. They have an indoor re- do not have the technology to take tion in this country relative to what care of the Porcupine caribou herd is cess area because they have the taxing has happened in California, we realize ridiculous. We only allow drilling in ability to improve their lives, to give that some of our aluminum companies the wintertime as a consequence of the them an alternative lifestyle where are not making aluminum because caribou calving. We have improved the every child has an opportunity for a they have long-term contracts for en- central Arctic herd. full paid college education, if they wish ergy and they are selling the energy. People ask, Is this energy bill going it. There is no where else in the coun- Urea fertilizer factories are no longer to be compromised by ANWR? Is that try with that. selling urea because they can sell the the backbreaker? I hope my friends in Then we have the Gwich’in people in gas for a higher price than if they sold this body and in the environmental Old Crow and other areas in Alaska the product. These are inconsistencies community recognize that we have a down near the Fort Yukon Arctic vil- that affect the very backbone of our responsibility to address an energy cri- lage. I have been in the area and have Nation. sis, and by passing this legislation in- met the people. But there is the group As we begin the debate on the energy cluding ANWR, we are going to be able that the Gwich’in Steering Committee bill, I encourage my colleagues who to reduce our dependence on imported has put the fear into that somehow have heard from the environmental oil to less than 50 percent within a rea- these people will lose the Porcupine community that somehow this can’t be sonable period of time. caribou herd if, indeed, there is devel- done safely to recognize the responsi- Some people say it is going to take opment in this Coastal Plain. bility on the national security inter- you 10 years, if the oil is there. That is This is kind of interesting. This is ests of this Nation and to recognize the absolutely ridiculous. We have a pipe- the U.S. This is Alaska. This is Canada. technological advances that we have line 45 miles from Prudhoe Bay. It only This is the migration route of the car- made. For heaven’s sake, come up and needs another 25 miles, and we could ibou. They have a wide range. They see for yourself. We have extended an have this area open in less than 3 years come up here and calf sometimes in the invitation to Members of this body to to have oil flowing, if indeed the oil is Coastal Plain, and sometimes not. But, come up to ANWR on the 30th or the there. in any event, they cross a highway, the 31st of March and the 1st of April. We Some people say, Senator, it is only Dempster Highway. All these little extended that to spouses as well. Get a 6-month supply. That is a bogus argu- marks are wells that were drilled in

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00014 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2218 CONGRESSIONAL RECORD—SENATE February 26, 2001 their path. They did not find any oil so supplies to consumers, will make for more thought out national energy policy is needed they made a park out of it. That is reliable and affordable electric power and and needed soon.’’ fine. But somehow we have seen the en- transportation fuel, which is essential to United States Combined Heat and Power vironmental groups—the Sierra Club, small business’s economic well-being. Afford- Association: John Jimison, Executive Direc- able energy is particularly important to tor.—‘‘We believe that this is a critical time Friends of the Earth, the Wilderness small businesses which are extremely sen- for Congress to confront comprehensively Society—fund this effort to basically sitive to price fluctuations and supply dis- the nation’s energy imperatives—the need suggest to the Gwich’in people that ruptions. For many small businesses, energy for adequate supplies of electric and thermal their lifestyle and their traditions will costs and reliable supplies are the difference energy at competitive costs with short lead- be lost, and their dependence on the between profits and losses.’’ times, maximum fuel efficiency, high reli- Porcupine caribou herd will be lost if Aluminum Association: Robin King. ability, and minimal environmental impact, indeed, this development takes place. The Fertilizer Institute: Ford West. in a market open to all participants.’’ There is another group of Gwich’ins American Forestry and Paper Association: American Petroleum Institute: Red Hansen Moore. Cavaney, President. who are looking forward to having job U.S. Chamber of Commerce: Sally Jeffer- American Public Gas Association: Burt opportunities and so forth. Time and son. Kalish. time again, they have been invited up National Association of Manufacturers: American Gas Association: Dave Parker, to Barrow to meet with the Eskimos to Mark Whittenton, Vice-President, Re- President and CEO.—‘‘To meet consumers’ see what the ability to tax oil and oil sources, Environment, and Regulation.— strong demand for natural gas in coming facilities has meant to their lifestyle. ‘‘With NAM calculations indicating that the years, we commend Senator Murkowski for Each time the journey is cut short by rising price of oil and gas cost our economy sponsoring this important legislation, which the pressure of the Gwich’in Steering more than $115 billion between 1999 and 2000, calls for a comprehensive review of natural it is clear that energy problems will have gas resources, expansion of the pipeline de- Committee. You have to be careful who ripple effects throughout the economy. Con- livery system and development of energy-ef- you are talking to when you talk of the gress and the Administration must develop a ficient technologies.’’ Gwich’ins because there are two dif- strategic national energy plan to increase Questar Gas: Nick Rose, CEO, Chairman, ferent people. One of the groups—the energy supply, improve energy efficiency and American Gas Association. Gwich’in Steering Committee—is fund- optimize all energy resources, including nat- Washington Gas: James H. DeGraffenreidt, ed by a significant portion of America’s ural gas, oil and coal.’’ Jr., Chairman & CEO.—‘‘Authorization of environmental community. And one American Farm Bureau: Jon Doggett, Sen- significant, long-term LIHEAP funds and in- more time: For what reason? Because ior Director, Natural Resources and Energy. centives to improve energy efficiency are Business Council on Sustainable Energy: clear benefits for our customers. Addition- they need a cause. Their cause gen- Michael Marvin, President. ally, a national energy policy will benefit ev- erates membership, dollars, and is so Plug Power Inc.: Jennifer A. Schafer, Di- eryone by addressing the supply/demand re- far away that it can’t be evaluated on rector of Federal Governmental Affairs.— lationship in a balanced and economically- its own merits. ‘‘Senator Murkowski is to be commended for efficient manner.’’ That basically concludes my remarks his foresight in addressing the America’s Nuclear Energy Institute: Joe Colvin, on this particular aspect of the energy dire energy situation. We look forward to President.—‘‘The energy policy proposed by bill, which I think deserves some spe- working with the Chairman and his staff to Senator Murkowski is a well-crafted frame- cial attention since it has been identi- expand his distributed generation provisions work to build a brighter, better future for to include residential fuel cell systems.’’ the American people. It recognizes the valu- fied time and time again. American Methanol Institute: Bailey able role that nuclear energy plays in our I encourage my colleagues to give me Condrey, Jr., Director of Communications.— country’s diverse mix of energy sources, and a call if they have any further ques- ‘‘The current energy situation underscores it takes positive, practical steps to ensure a tions. I hope they will accept the invi- the need for a comprehensive energy policy broad base of energy sources are available in tation of Senator STEVENS and I to that will encourage the use of alternative the decades to come.’’ come up and visit the area. If not, we fuels and alternative fuel vehicles and tech- Association of Home Appliance Manufac- would be happy to meet their staffs. nologies.’’ tures (AHAM): Joseph McGuire, President.— I remind them that all of us have an National Association of Neighborhoods: Ri- ‘‘The Association of Home Appliance Manu- obligation to meet our legitimate envi- cardo Byrd.—‘‘Energy is the lifeblood of facturers applauds Sen. Murkowski for his America’s neighborhoods: it heats, lights and leadership in helping develop a national en- ronmental concerns. We also have an powers our homes, providing for our most ergy policy. We support efforts to establish obligation to address the national secu- basic needs. We are witnessing this winter such a policy through measures aimed at en- rity interests of our Nation as far as the devastating impact on our neighbor- ergy supply, conservation and energy effi- our growing dependence on imported hoods—particularly on seniors, poor and ciency.’’ oil is concerned. This is an opportunity hardworking families—of the failure to have Natural Gas Vehicle Coalition: Paul to relieve that in a very positive and a comprehensive national energy policy.’’ Kirkhoven.—‘‘We commend Senator Mur- meaningful manner. Edison Electric Institute: Lynn LeMaster, kowski on his leadership by introducing the I yield the floor. Senior Vice President.—‘‘U.S. energy policy National Energy Security Policy Act. This should focus on assuring adequate domestic bill, when enacted, will meet the energy EXHIBIT 1 energy supplies, renewing and expanding our needs of today’s consumers and will promote NATIONAL ENERGY SECURITY ACT OF 2001— energy transportation infrastructure, assur- the increased use of natural gas as a motor PRESS CONFERENCE PARTICIPANTS ing adequate electricity generation and a di- vehicle fuel.’’ Campaign to Keep America Warm: Jim verse fuel generation mix, improving energy American Propane Gas Association: Lisa Benfield. efficiency, encouraging investment in new Bontempo. IOGCC: Christine Hansen, Executive Direc- technology and providing energy assistance American Institute of Architects: Dan Wil- tor. to low-income households. The Murkowski son, Senior Director, Federal Affairs. NARUC President and PA PUC Commis- bill addresses all these concerns.’’ Association of Home Appliance Manufac- sioner: Nora Mead Brownell. Printing Industries Association: Wendy turers: Joseph M. McGuire, President. KY Public Service Commissioner and Chair Lechner, Senior Director, Federal Employ- American Gas Cooling Center: Tony NARUC Gas Committee: Edward J Holmes.— ment Policy. Occhionero, Executive Director.—‘‘We com- ‘‘As Chairman of Naruc’s Committee on Gas, ASAP Printing, Alexandria, VA.: Joe mend the Chairman for his leadership in my committee members and state public Brocato, Owner.—‘‘In representing the 14,000 moving quickly to address the reliability utility commissioners across the U.S. work members of the Printing Industries of Amer- and adequacy of our nation’s energy system. with energy matters on a daily basis. I com- ica (PIA) here today, I strongly support im- As the legislation makes its way through mend Sen. Murkowski’s efforts in recog- proving and increasing domestic energy Congress, we will work to ensure further nizing the need for federal legislation that sources and encouraging energy conserva- peak demand reduction measures through in- institutes a comprehensive national energy tion. Printing companies like mine are fairly clusion of gas-fired cooling and additional policy including balanced reliance on all en- significant users of energy resources. As en- on-site power generation.’’ ergy resources.’’ ergy prices continue to increase, I worry Process Gas Consumers: Dena Wiggins. Small Business Survival Committee: Karen about the effects. Do I raise prices and harm Building Owners & Managers Association: Kerrigan.—‘‘This legislation, by increasing my relationship with my customers or will I Gerald Lederer, VP Government & Industry access to critical energy supplies and im- be forced to let go long-time, loyal employ- Affairs; Karen Penefiel.—‘‘The federal gov- proving the infrastructure to move those ees? Neither choice is a good one. A well ernment needs to enact a national energy

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00015 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2219 policy which ensures all consumers have ac- efficiency and conservation. PHCC-National thank the chairman of the Energy and cess to adequate supplies of reasonably Association supports the installation and use Natural Resources Committee for the priced energy. A building owner’s ‘‘com- of water conserving methods and products.’’ leadership that he is demonstrating Owner Operator Independent Drivers Asso- modity’’ is a productive office environment, with the introduction of S. 388 and S. which is not an ‘‘interruptible service.’’ Even ciation: Paul Cullen, Government Affairs a temporary (energy) shutdown can lead to Representative. 389. major problems.’’ Air Transport Association: Ed Merlis.— This country cries out for a clear, National Association of Home Builders: ‘‘Senior Vice President, Legislative and well developed policy for both the pro- William P. Killmer, SR Staff VP, Govern- International Affairs. With jet fuel being our duction and the transmission and/or ment Affairs. second highest expense item, airlines have shipment of energy that we clearly American Chemistry Council: Jim D. felt the serious consequences of escalating have found ourselves now lacking and McIntire, Vice President. energy prices, which raise airfares, particu- in need of. Society of Independent Gasoline Marketers larly on leisure travelers. It is imperative that we develop a comprehensive national Every American is finally beginning of America: Greg Scott, Counsel.—‘‘SIGMA to feel the pinch of energy; in this case, represents independent petroleum marketers energy policy. Senator Murkowski’s legisla- who are deeply concerned about balkani- tion is a strong, positive step in that direc- the lack thereof—whether it is at the zation of the nation’s motor fuels markets, tion.’’ gas pump, or whether it is in the power retail price volatility, and the decreased Mr. CAMPBELL. Mr. President, bill they receive monthly, or their overall supplies of gasoline and diesel fuel. today I am pleased to join my friend space heating bill, or the cost of the SIGMA members are convinced the country and colleague Senator MURKOWSKI as goods that have a major component of can have clean fuels, environmental protec- an original cosponsor of the National energy in them. tion, and a sound national energy policy that Security Act of 2001. This bill rep- The Senator has just concluded increases overall supplies and competition.’’ speaking about the potential of pro- National Association of Realtors: Doug resents a significant effort to define Miller, Commercial Policy Rep, Gov. Affairs. our national energy policy and it will ducing upwards of 16-plus billion bar- Competitive Enterprise Institute: Myron be considered shortly. rels of oil domestically in our country Ebel.—‘‘Senator Murkowski’s bill if enacted For years many Senate Republicans in addition to what we already have. I will re-establish the conditions necessary for called on the previous administration will say—and I am sure I will say it the energy industries once again to be able to define our national energy policy. It more than once over the course of the to provide Americans with cheap and abun- is apparent that they never answered next several months of debate—the dant, reliable energy, upon which our pros- our calls. We all know that this bill ANWR issue is not an environmental perity is based. For example, it will encour- issue. It never has been, and it never age environmentally-responsible oil and gas must now be discussed and specific con- exploration and production on federal lands cerns need to be addressed. But, this is will be. It is a political issue. closed by Clinton and make it possible to an important step to lay the founda- The technology of today will protect build needed new pipelines and refineries.’’ tion for our future energy plans. that environment. When the oil is ex- National Association of Convenience We are a Nation that uses coal, oil, tracted and the wellheads are gone, it Stores: John Eichberger, Director of Motor hydro power, natural gas and nuclear will hardly be noticeable that man, in Fuels.—‘‘NACS members sell approximately power. This cannot be disputed. But, the form of his modern technology, was 60 percent of the motor fuels in the United the previous administration would not there. This is a political issue by inter- States every year. NACS members are est groups who need a cause. The Sen- strongly supportive of a national energy pol- accept this reality. And, unfortunately, icy that increases motor fuel production, they tried to stand in the way of do- ator from Alaska has spelled that out provides clean motor fuels to our customers, mestic oil production by locking up well in the last few moments. and recognizes the important role that public lands. Now we are in a very good But I rise today in support of na- motor fuels play in driving our nation’s position with the current administra- tional energy and a National Energy economy. tion to build a secure energy policy Policy Act of the kind that the Senator The Coalition for Affordable and Reliable which is long lasting, environmentally has introduced today and of which I am Energy (CARE): Paul Oakely.—‘‘Senator friendly and will decrease our depend- a cosponsor. Clearly, this is the year Murkowski has taken the first step in the ence on foreign oil. when I hope Americans will insist and process of developing a much needed na- that we will respond with the develop- tional energy policy. We support the devel- I am hopeful that this is just the opment of a sound energy policy for America starting point. Some organizations will ment of a comprehensive energy pol- which takes full advantage of diverse domes- have concerns with this bill, and I have icy. tic energy resources, including its abundant some as well. For instance, Rural Elec- We began to look at this anew in coal reserves, while striking a sensible bal- tric Associations, commonly referred 1999. Back then, OPEC cut crude oil ance among social, economic, national secu- to as Co-ops, have concerns that I production to force up oil prices. We rity, environmental and energy goals.’’ would like to see addressed, especially then had the luxury of very inexpen- National Restaurant Association: Lee R. since such a big portion of my home sive crude oil. It worked. As you know, Culpepper, SRVP Government Affairs. we saw our Secretary of Energy rush- The National Petrochemical and Refiners state of Colorado is covered by Co-ops. Association: Bob Slaughter, General Coun- I am confident, however that we can all ing off to the Middle East to beg them sel.—‘‘The National Energy Security Act come together, resolve our differences to turn their valves back on. While will strengthen America’s refining infra- and construct a national energy policy they did a little bit, they were destined structure by refocusing public policy on the that will ensure our future needs. to move crude oil from $12 a barrel to, need to maintain and expand the nation’s re- The National Security Act of 2001 is at one point, a high of $32 a barrel last finery capacity. This will help provide indian important step forward to define spring. vidual consumers with a stable supply of pe- our national energy policy, provide re- Our motorists—all of us—were wor- troleum products at reasonable prices and lief from our energy problems and pro- ried about the increasing cost of gaso- petrochemical producers with predictable line, and truckers were concerned amounts of competitively-priced feed- mote domestic production so that our stocks.’’ Nation can become more self sufficient about rising fuel oil costs. Also, resi- Americn Highway Users Alliance: Bill Fay, for our energy needs. I urge my col- dential consumers in the Northeast Executive Director. leagues to come together to build our watched as their home heating oil bills National Plumbing, Heating, and Cooling energy future. skyrocketed last year and remained ex- Contractors: Lake Coulson.—‘‘PHCC is com- The PRESIDING OFFICER (Mr. NEL- tremely high through this winter. posed of almost 4,000 contracting business, SON of Florida). The Senator from In the past dozen months, the situa- many of whom are small businesses and are Idaho is recognized. tion has worsened. Gasoline, fuel oil, affected by the current energy situation. and home heating oil have remained at PHCC believes that the country needs an en- Mr. CRAIG. Thank you, Mr. Presi- ergy policy that will provide reliable energy dent. a high premium. Natural gas prices and affordable prices for American families Before I speak to the two pieces of have tripled to $6 per million Btu’s and businesses. PHCC-National Association legislation that Senator FRANK MUR- from under $2 only a year ago. That is supports efforts designed to improve energy KOWSKI has introduced today, let me a tremendous increase in price. Natural

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00016 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2220 CONGRESSIONAL RECORD—SENATE February 26, 2001 gas production has remained static, that California utilities will be unable produce our own. The American Petro- even though the number of drilling rigs to pay their bills have forced up retail leum Institute testified at that time looking for gas has now tripled in the prices in Oregon, Washington, and my that even if imports were to fall by the last year, as finally these unbelievable State of Idaho. full 400,000 barrels a day claimed by the but very market-driven prices have re- When the previous administration ar- administration, the cost of a $34 billion sulted. rived in 1993, it announced its intent to in lost GDP is excessive relative to the Further, natural gas in storage is drastically alter the way the Nation alternatives of improving energy secu- just about a billion cubic feet—about used energy, especially fossil fuels—gas rity. The story went on and on, and no half of what is usually in storage for and oil and coal. President Clinton ar- energy policy got developed. In fact, this time of year. In other words, in gued that a broad-based Btu tax would quite the opposite occurred. A more re- that arena we are only half prepared. force us away from coal and oil and strictive approach to the production of We simply cannot build the balance of natural gas to renewable energy forms, domestic energy began to fill in behind the storage. such as solar, wind, and biomass. That the inability of our past President to Further, natural gas is clearly cost- objective has remained a hallmark of force a huge tax increase on the Amer- ing the residential consumer an astro- that administration’s energy policy. ican consumer. nomical price—but beyond where the Oh, yes, some of us have argued that In the end, Congress refused to ac- gas line goes, where you have to use the Clinton administration had no pol- cept the Clinton administration’s ef- bottled gas out in rural America for icy. Well, they came to town with one. forts to tax our relatively inexpensive cooking, heat, and some space heat, And that one was rapidly rejected by energy sources to finance their gran- there, once again, it has tripled; and the American consumer when the diose tax-and-spend social agenda that even for the poorest of Americans, it is President said that the taxes he want- Congress rejected. Congress did agree a cost they are finding very difficult to ed to raise—nearly $72 billion out of to raise taxes on transportation fuels. bear. Wholesale electric prices too have the consuming public over a 5-year pe- We did that by 4.3 cents per gallon, a risen significantly. riod—would help the market and help move I opposed and believed was wrong Of course, we have all watched and the environment. What it ultimately at the time. It is wrong now. been a part of—at least by action or by did—because it was rejected—was it The past administration’s obsession debate—the episode in California and caused even greater dependence on for- to reduce fossil fuel use as much as the experimental, but very flawed, eign oil and, of course, had phenomenal possible has put us in the position we electricity deregulation effort that has impacts, as we now see, on the con- find ourselves today. President Clinton produced an unbelievable high of near- suming public. In fact, it would have said, on March 7, 2000, at the White ly $300 for a megawatt hour in the spot unfairly punished energy-intensive House: market—$300 for a megawatt hour in States and industries. . . . Americans should not want them [oil the spot market—compared with just a Estimates by the American Petro- prices] to drop to $12 or $10 a barrel because few dollars at some points in an Idaho leum Institute and the National Asso- that . . . takes our minds off our business, market a few years ago. That is a tre- ciation of Manufacturers, at that time, which should be alternative fuels, energy mendous drive-up in cost. That is predicted that the Btu tax, which was conservation, reducing the impact of all this about 30 cents per kilowatt hour, or the hallmark of the Clinton policy, on global warming. five times what the investor-owned would reduce the gross domestic prod- Here are the facts: Since 1993, domes- utilities in California are allowed to uct of this country by $38 billion and tic oil production has dropped by 17 charge their consumers. that it would destroy nearly 700,000 percent. Domestic crude oil consump- To bring it into perspective, my con- jobs. tion, though, has gone up by 14 percent. sumers in Idaho, right now, are paying Just in the last 2 quarters, this runup Dependence on foreign sources of crude about 3.6 cents per kilowatt hour in energy price—which would have oil has risen to 56 percent in total against a California market that has been equivalent to raising that kind of crude oil requirements. peaked at 30 cents per kilowatt. Some a tax, only it is now greater—has cost The PRESIDING OFFICER. The time folks would say Idahoans are not pay- the gross domestic product almost a allotted to the Senator has expired. ing enough. Let me tell you, Califor- half a percentage point. Studies now Mr. CRAIG. I ask unanimous consent nians are not paying what the market show at least four-tenths of a percent to continue for no more than 10 min- would teach them to pay if their poli- loss, or nearly half a percentage point, utes. cies were different. Then they would and several hundreds of thousands of The PRESIDING OFFICER. Is there dramatically change the politics of jobs. So those estimates way back in objection? their State because, once again, ANWR 1994 were not very far off. Mr. KYL. Mr. President, might I ask is a political issue and the energy crisis The administration claimed that the the Senator, did he ask for 1 minute or in California is a political issue—and a tax was needed to balance the budget 10 minutes? political crisis. and fund large new spending programs Mr. CRAIG. I asked for 10. Southern California Edison and Pa- to offset the negative impacts of the Mr. KYL. Mr. President, I will cer- cific Gas and Electric Company are tax. They also claimed that crude oil tainly not object, although that will struggling with a $10 billion unpaid bill imports would decline by 400,000 barrels wipe out my opportunity to speak, as I for power. They were simply not able a day. understand it. to go out and collect the money be- At the same time, DOE’s own projec- Mr. CRAIG. Reclaiming my time, let cause California law would not let tions predicted the tax would shave oil me ask for no more than 3 minutes. them collect the money for the very import growth by less than one-tenth a Would that accommodate the Senator energy they bought to supply Califor- percent after nearly 10 years under from Arizona? nians. Californians have already con- that program. DOE predicted by the Mr. KYL. I am sure it would. I know sumed the electricity, but they have year 2000 Americans still would depend there are other Senators who are to not paid the full price for it. on foreign oil for three-fifths of their follow beginning at a particular time. California, due to a shortage in the total crude oil requirements. That would be very helpful. I certainly State of power-generating facilities, DOE was not far off. With or without don’t want to interrupt the Senator has been forced to import electricity the tax, obviously with growth in the from Idaho because I know he has very from as far away as Texas. And up in American economy and the tremendous important comments to make. my State of Idaho, we now produce wealth and advantages to the Amer- The PRESIDING OFFICER. Without power for California. Power supplies in ican consumer that the economy of the objection, it is so ordered. the Northwest—my region of the coun- last decade has produced, we have Mr. CRAIG. As I said, I am pleased to try—have grown increasingly scarce. grown dramatically more dependent rise today to support introduction of Competition for supplies and the fear upon foreign oil because we failed to the National Energy Security Act of

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00017 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2221 2001. At the request of the Majority In fact, it would have unfairly pun- In 1996 the Administration resorted Leader during the last Congress, Sen- ished energy intensive states and in- used the Antiquities Act to create the ator MURKOWSKI and other Senators dustries. Estimates by the American Grant Staircase/Escalante Monument began the process of developing a solu- Petroleum Institute and National As- thereby dening access to about 23 bil- tion to the energy ‘‘fix’’ in which we sociation of Manufacturers at the time lion tons of mineable coal reserves in found ourselves beginning in late 1999. predicted the tax would hurt exports, Utah. Back then, OPEC cut crude oil pro- reduce GDP by $38 billion, and destroy The U.S. Forest Service has issued duction to force up world oil prices. It as many as 700,000 American jobs. road construction policies that are de- worked—oil prices rose quickly from The administration claimed the tax signed to restrict the energy industry’s about $12 per barrel and hit a high of was needed to balance the budget and ability to explore for oil and gas on about $32 per barrel last spring. fund large new spending programs to Forest Service lands. Our motorists were worried about the offset the negative impacts of the tax. Former President Clinton vetoed leg- increasing cost of gasoline and truck- They also claimed that crude oil im- islation in 1995 that would have opened ers were concerned about rising fuel oil ports would decline by 400,000 barrels the Coastal Plain of the remote Alaska prices. Also, residential customers in per day. National Wildlife Reserve denying the the Northeast watched as their home At the same time, DOE’s own projec- nation access to an estimated 16 billion heating oil bills skyrocketed. tions predicted the tax would shave oil barrels of domestic crude oil—which In the past dozen months the situa- import growth by less than one-tenth could amount to production of 1.5 mil- tion has worsened. Gasoline, fuel oil, after 10 years. DOE predicted that by lion barrels per day over the next 20 and home heating oil prices remain the year 2000, Americans still would de- years—about 10 percent of daily U.S. high. Natural gas prices have tripled to pend on foreign oil for three-fifths of consumption. about $6.00 per million Btu’s (British their total crude oil requirements. The Clinton administration ignored a Thermal Units). Natural gas produc- API testified: ‘‘. . . even if imports report prepared by the National Petro- tion has remained static even though were to fall by the full 400,000 barrels a leum Council, requested by the Energy the number of drilling rigs looking for day claimed by the administration, the Secretary, explaining how the nation gas has tripled over the last year. Fur- cost of $34 billion in lost GDP is exces- can increase production and use of do- ther, natural gas in storage is just sive relative to other alternatives for mestic natural gas resources from above 1 billion cubic feet, about half of improving energy security. Using the about 22 trillion cubic feet per year to what is usually in storage this time of administration’s optimistic pre- more than 30 trillion cubic feet per year. Residential gas customers in dictions, the cost of the Btu tax works year over the next 10 to 12 years. some parts of the Nation have seen out to about $230 per barrel.’’ The past administration showed lit- their winter heating bills triple. In the end, Congress refused to ac- tle interest in solving our domestic en- Wholesale electricity prices have cept the Clinton administration’s ef- ergy problems even as foreign oil pro- risen significantly. In California, which forts to tax our relatively inexpensive ducers have forced crude oil prices to is experimenting with a flawed elec- energy sources to finance their gran- over $30 per barrel and gasoline prices tricity deregulation effort, electricity diose tax and spend social agenda. Con- to almost $2.00 per gallon—double prices have been as high as $300 per gress did agree to raise taxes on trans- prices of only little more than a year megawatt hour (MwH) on the spot mar- portation fuels by 4.3 cents per gallon, ago. ket. a move Republicans tried to reverse Mr. President, the past administra- That’s about 30 cents per kilowatt during the 106th Congress. tion has acted in other ways designed hour or about 5 times what investor The past administration’s obsession to force us away from the use of read- owned utilities in California are al- to reduce fossil fuel use as much as ily available, relatively inexpensive lowed to charge their customers. possible has put us in the position we fossil fuels, nuclear energy and hydro- Southern California Edison and Pa- find ourselves today. President Clinton power. It chose especially to vilify and cific Gas and Electric Company are said on March 7, 2000 at the White deny the use of our most abundant na- staggering under more than $10 billion House: tional energy resource—coal. in unpaid bills for power. . . . Americans should not want them [oil The U.S. has the world’s largest dem- California, due to a shortage of in- prices] to drop to $12 or $10 a barrel again be- onstrated coal reserve base and ac- state power generating facilities has cause that . . . takes our mind off our busi- counts for more than 90 percent of our been forced to import power from as far ness, which should be alternative fuels, en- total fossil energy reserves. away as Texas and the Pacific North- ergy conservation, reducing the impact of all At present rates of recovery and use, west. Power supplies in the Northwest this on global warming. U.S. reserves will last more than 270 are scarce and competition for supplies Since they came to office in 1993: Do- years. and fear that the California Utilities mestic oil production is down 17 per- Coal is used to generate over 56 per- will be unable to pay their bills has cent; domestic crude oil consumption cent of our electricity supply—and forced up retail electricity prices in Or- is up 14 percent; and dependence on for- about 88 percent of the Midwest’s elec- egon, Washington and my home state eign sources of crude oil has risen to 56 tricity needs. of Idaho. percent of total crude requirements. Electricity from hydro represents When the previous administration ar- By comparison, in 1973, during the about 10 to 12 percent of our electricity rived in 1993 it announced its intent to Arab oil embargo, our dependence on needs. drastically alter the way the Nation foreign crude was 36 percent of our Nuclear powerplants meet about 20 used energy, especially fossil fuels. total crude oil requirements. percent of our total electricity de- President Clinton argued that a The past administration’s failure to mand. Yet the past administration had broad based Btu tax would force us encourage domestic oil production and a dim view of these sources and took away from coal, oil and natural gas to production of coal and natural gas has steps to reduce their use. renewable energy from solar, wind and lead us to this point. That administra- For example, former Interior Sec- biomass—that objective has remained a tion refused to acknowledge that vast retary Bruce Babbitt talked openly hallmark of that administration’s ‘‘en- reserves of oil and gas offshore, in about ‘‘tearing down dams’’ in the ergy policy.’’ Alaska and in the Rocky Mountain West to restore habitat for fish, ignor- The President promised the tax overthrust area should play a role in ing the power and transportation bene- would raise nearly $72 billion over five reducing our dependence on imported fits they provide. And, the past admin- years (1994–1998) and marketed it as oil. istration imposed new, often impos- fair, helpful to the environment, that The Clinton administration in 2000 sible criteria that must be met before it would force down our dependence on announced a ban on future exploration federal licenses can be reissued. Many foreign oil, and would have trivial im- on most of the federal outer conti- existing hydro projects will seek reli- pacts on consumers. nental shelf until 2012. censing over the next several decades.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00018 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2222 CONGRESSIONAL RECORD—SENATE February 26, 2001 The past administration also vetoed cific Northwest is highly dependent. While renewable energy sources pro- legislation designed to create a perma- The relicensing process for hydro- vide only about 3 percent of total U.S. nent nuclear waste storage facility and electric facilities is becoming increas- demand for energy, we should continue which fulfills a longstanding promise ingly costly and time-consuming. It to provide incentives for our citizens to by the federal government to create now takes more than five years to reli- use wind, solar, and other renewables. such a facility. Without a federal stor- cense a facility—up from only 9 months We should encourage motor vehicle age facility, U.S. nuclear generating in 1980 according to the Federal Energy manufacturers to ensure that con- stations, which are running out of on- Regulatory Commission. sumers have access to safe and highly site storage capacity may be forced to Hydropower currently accounts for efficient cars and trucks. begin shutting down some operations. about 12 percent of the electricity gen- We must realize that we are part of There are too many more examples of erated in the United States and it pro- the problem. Our unwillingness to de- the past administration’s failure to duces that power without air pollution velop our own abundant oil, gas and produce a coherent, balanced national or the greenhouse gas emissions. coal resources dooms us to greater de- energy plan. The result of this failure Under current law, several federal pendence on foreign sources, especially is tight energy supplies and high agencies are required to set conditions for crude oil. We must make the con- prices. for licenses without regard to the ef- scious choice to carefully find and de- Solving these problems requires fects those conditions have on project velop our resources while protecting tough choices and I suggest that we economics, energy benefits, impacts on our environment. begin now by pursuing a number of greenhouse gas emissions and values I conclude by drawing attention to a short and long term objectives. I think protected by other statutes and regula- portion of this bill that is increasingly the bill we are introducing today ad- tions. Far too often the relicensing valuable; that is the area of new tech- dresses these challenges. process is plagued with agency dis- nology. Some who will argue against Mr. President, I want to touch briefly agreements and inconsistent demands. this bill would suggest that it is mere- on two aspects that are of great con- A very large number of public and ly a reason to fall back to our habits of cern to me and my fellow Idahoans. privately owned hydro facilities will be old. That is not true. We want to and Chairman MURKOWSKI has already gone up for relicensing over the next ten will continue to fund the new tech- through it in some detail. years. Some may be abandoned if the nology, much of it started in the dec- The bill contains provisions of great relicensing process becomes prohibi- ade of the 1990s. It is clearly important. importance to the future of nuclear en- tively expensive and time-consuming. We are not always going to have hydro- ergy, which currently accounts for The legislation being introduced today carbons around, and we should not be about twenty percent of U.S. elec- will help streamline the process and that dependent upon them. But in the tricity demand. Nuclear energy is a make the involved agencies more fully short term, in the next several decades, clean, safe, reliable technology which accountable for their decisions. as we are using our resources and fuel- provides baseload power at low cost. The legislation does not change or ing our economy, we need to look at The increase in natural gas prices has modify any existing environmental nuclear technology and new clean coal shown us the danger of relying on nat- laws, nor does it remove regulatory au- technology so we can use the abun- ural gas for all of our new electricity thority from various agencies. It does dance of these resources and in an envi- generation. not call for the repeal of mandatory ronmentally sound way. Other countries have adopted the ad- conditions on a FERC issued license. In my State of Idaho, we are depend- vanced nuclear technologies developed It is clear to me and many of my col- ent on hydropower. There are many, in this country and are putting them to leagues that hydropower is at risk and including the past administration and use. In fact there is much excitement one of our most important tasks here many of their devotees, who would sug- in the energy industry over plans to in the Senate is to develop policies gest the dams on those rivers that build a new type of nuclear plant— that lead to an energy strategy that produce that clean source of energy, called ‘‘pebble bed reactor’’—in South will ensure an adequate supply of rea- nonpolluting, nongreenhouse gas-emit- Africa. I believe at some point in the sonably priced, reliable energy to all ting, that those dams ought to be future we will once again appreciate Americans in an environmentally re- breached. They insist that if the dams the value of non-emitting energy such sponsible manner. The relicensing of are not removed then they ought to be as nuclear, and choose to construct ad- non-federal hydropower can and should regulated in a much more stringent ditional nuclear generating facilities in continue to be an important strategy. way. In fact, the licensing process the the U.S. For this reason, I am working In addition, we should work with our Federal Energy Regulatory Commis- with my colleague, Senator DOMENICI, Western Hemisphere neighbors to help sion has as a part of its responsibility to develop other proposals regarding them increase their crude oil and nat- to renew these hydro facilities is one the nuclear energy option and we hope ural gas production. that I am working on. And within this to have additional legislation soon for We should provide relief to con- legislation is a reform of the licensing the Senate to consider. sumers by eliminating the 4.3 cents a process, not to change it and take The legislation also provides impor- gallon tax on motor gasoline enacted stakeholders or interested parties away tant tax incentives to encourage the in 1993. from it, but to ask them to perform use of geothermal energy. I have per- We need to step away from punitive, their responsibilities in a timely fash- sonal experience with what a wonderful command and control environmental ion and in a responsible fashion. role geothermal can play in our energy regulations and move toward perform- Why should it take 10 years to reli- mix because the Idaho Statehouse in ance based regulatory concepts that cense a hydro facility and cost millions Boise and other buildings in the down- offer the regulated community oppor- upon millions of dollars that ulti- town area are heated with geothermal tunities to find flexible approaches to mately the consumer has to pay? If it energy. reducing emissions of legally regulated needs retrofitting, if it needs improve- In the right applications, geothermal contaminants. ment of technology for environmental is a clean, efficient energy source We must carefully assess the capa- reasons, those are conclusions that can available for our use and because there bilities of our energy production and be drawn in a reasonably quick way, are no ongoing fuel costs and relatively delivery systems to find opportunities and managed responsibly, so that we inexpensive maintenance costs, after to improve system productivity, effi- can balance out our energy needs. the initial capital investment, it is a ciency and reliability. The legislation the Senate now has very low cost energy option. We must ensure that sufficient funds before us will be coupled with the work Finally, Mr. President, I want to ad- are available to help those with lower the Bush administration is doing now dress the matter of power from hydro- incomes to weatherize their homes and through their Cabinet level working electric facilities, upon which the Pa- pay their energy bills. group. This administration wants an

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00019 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2223 energy policy, too, and it is their goal Remedies are not as apparent as for new legislation in this area. In con- to produce one for the American peo- some would argue. The Republican en- sultation with the States, we need to ple. ergy package, which was introduced determine how to ensure regional enti- Our economy depends on an abundant today by my colleague, Senator MUR- ties have adequate authority to do supply of environmentally sound, rel- KOWSKI, contains a number of provi- what is needed in those regions. We atively low-cost energy. It is the sions that I and many Democrats, I am should evaluate whether an additional wealth of our country. It is what drives sure, would be glad to support. In fact, grant of authority from the Federal this marvelous economic engine of many of those proposals are similar to, Government or a specific authorization ours. And it does something very sim- if not the same as, provisions origi- of responsibility should be written into ple—it puts money in the pocketbook nally introduced by Democrats in the Federal statute. of the worker. It turns the lights on in last Congress. Much of what has been I will speak for a moment about in- his or her home. It helps educate our introduced today involves proposals to frastructure needs. Electric trans- children. It does all of the wonderful change the tax laws; and in some cases mission lines, natural gas and oil pipe- things we in America have grown to ex- those proposals are meritorious; in lines, powerplants, and refineries have pect. other cases, they are not an adequate all become increasingly difficult to Why should we suggest that we ought substitute for changes in actual energy site. The No. 1 problem is not environ- to have anything less if we can do it policy. mental permitting, as some persist- with the environment in mind and at a Just last week, President Bush made ently argue in public debate today. As relatively low cost. That can be accom- a very strong statement about tax pol- our society has become increasingly plished in a policy in which the Federal icy and his determination not to mod- urbanized and congested, local commu- Government promotes the concept of ify his income tax proposals with other nities have become increasingly active energy production instead of setting up unrelated tax measures. This bill that in opposing the siting of new infra- one trip wire after another to disallow was introduced today, with over 180 structure, and tax incentives do not ad- it from happening. pages of tax proposals, seems to reflect dress this major hurdle. I look forward to the coming debate. Certainly the environmental rules some disconnect between the adminis- I think it is critical that all of us get governing the permitting process could tration’s views on the subject of tax ourselves involved and educated in the be streamlined to expedite processing provisions directed or targeted at this issues at hand. and facilitate investments in new tech- particular industry and the views of These two pieces of legislation go a nologies not in the marketplace when some of my colleagues on the Repub- long way toward allowing that to hap- the existing rules were written. We lican side in the Senate. pen. should consider the possibility of siting I had hoped, and still hope, we can The PRESIDING OFFICER. The Sen- new infrastructure on existing rights- proceed on a bipartisan and collabo- ator from Arizona is recognized. of-way or at Federal facilities or on rative basis to develop solutions to Mr. KYL. Mr. President, I com- brownfields. pliment the Senator from Idaho on the these critical problems. I strongly be- We also need to evaluate whether in- points he was making. I look forward lieve that a package with equal empha- centives or different policies at the to joining him in tackling this very dif- sis on both supply and demand meas- State or Federal level are necessary to ficult problem of making some sense ures, developed with bipartisan sup- ensure adequate investment in new ca- out of our national energy policy. Sen- port, is the only way we can pass re- pacity. Overemphasis on short-term ator CRAIG has the expertise to lead us, sponsible energy legislation in this and spot contracts compounded by on- along with Senator MURKOWSKI. I will Congress. I hope we can proceed with going uncertainty with respect to the be looking forward to joining them in the input of this new administration future regulatory environment have that effort. and with the input from the States and had a stifling effect upon investment. The PRESIDING OFFICER. The Sen- various stakeholders to develop such We need to develop a consensus on poli- ator from New Mexico is recognized. consensus legislation. cies that provide greater certainty and f It is important to step back and look a mechanism to address the public’s at the current context. The restruc- ENERGY POLICY growing resistance to siting new facili- tured electricity and natural gas mar- ties. Mr. BINGAMAN. Mr. President, I rise kets of today pose very different public On the subject of supply diversity to speak about the subject of energy, policy challenges from the old regu- and efficiency, the counter to major the energy prospects we face as a na- latory models. Ever-increasing con- new infrastructure projects is to em- tion, and the need to develop new en- sumer demand for transportation fuels, phasize increasing energy efficiency ergy policies here in this Congress. The compounded by the recession in Asia and development of smaller distributed United States is currently experiencing and subsequent determination by generation. We need to enact national unusually high and volatile energy OPEC to actively intervene in the mar- standards and policies for interconnec- prices. We have seen that in my State ket, has increased the volatility and tion of distributed generation tech- of New Mexico, and I assume we have high prices of oil and natural gas. nologies to ensure diversity of fuels seen that in the State of Florida, where As the economic growth of recent and technologies for the future. Com- the Presiding Officer lives. years has used up the excess capacity mercial investment in new tech- During most of the 1990s, in spite of in the fuels, power, and natural gas nologies and nonconventional fuels will robust economic growth and increased sectors, the frictions and imperfections require some degree of additional in- demand for energy, increased produc- in those markets have become very ap- centives. I introduced legislation in the tivity, and reduction in energy use per parent. last Congress to address these issues, dollar of gross domestic product, along The old model of split responsibility and I am pleased to see similar provi- with the introduction of market com- between States and the Federal Gov- sions included in this Republican legis- petition, all of those factors acted to ernment is no longer adequate. We lation today. hold down prices, but now we have fi- need new mechanisms and policies to Increasing the efficient use of energy nally exhausted the buffer of excess ca- address regional needs and cir- is the single most effective and least- pacity that kept the system func- cumstances. We need a new model for cost policy for both the short term and tioning with low prices and relatively ensuring short-term and long-term en- the long term. Investments in more en- minor bumps along the way. So that ergy demand and supply needs and ergy-efficient lighting, more energy-ef- excess capacity is gone, and there are a managing weather-related and supply ficient appliances, and more energy-ef- number of factors and circumstances emergencies. ficient buildings generate benefits in that have contributed to the current There are several regional energy terms of energy savings, emission re- situation we face—the situation of in- boards and various planning commis- ductions, and human health improve- adequate supply, too much demand. sions that could be reviewed as models ments. Improvements to installation

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00020 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2224 CONGRESSIONAL RECORD—SENATE February 26, 2001 practices for heating and cooling sys- the previous administration, oil and public meetings and consultations with tems, including duct work, could take natural gas production on Federal States. The State of Florida supported considerable pressure off the power lands and on the Outer Continental proceeding with this sale. This is not a grid and off natural gas supplies in the Shelf increased substantially. Produc- wildlife refuge. It is a huge expanse of coming months. Expediting the re- tion on State and private lands did not Federal water where industry has de- placement of older appliances with keep pace with production on Federal veloped oil and gas for years and has newer high-efficiency models would not lands. developed it in a safe and environ- only reduce energy consumption, it Policies should first emphasize maxi- mentally sound manner. This is a sale would create new manufacturing jobs. mizing the recovery of resources cur- which we should go forward with in Projections of capacity constraints rently open to development. The North order to meet the needs the country and high electricity prices in the New Slope of Alaska in the vicinity of will have for additional supply in the York urban area could be mitigated Prudhoe Bay is estimated to contain at future. with a concerted effort to upgrade least 32 and maybe as much as 38 tril- A serious, long-term commitment to lighting, heating, and cooling systems lion cubic feet of natural gas that is research and development of the next in commercial buildings even before ready for development. Until now, pro- generation of powerplants is essential. this summer is upon us. These im- ducing and transporting the gas from Such a program should include all fea- provements would immediately reduce the North Slope has not been economi- sible fuels and technologies, with an pressure on the grid and save busi- cal. Producers are currently con- emphasis on a fleet of technologies to nesses money in the process. ducting a feasibility study for a pipe- ensure fuel diversity while meeting en- The National Conference of Mayors, line to bring the gas to market in Can- ergy supply and emission reduction at its recent meeting here in Wash- ada and also in the lower 48. The U.S. targets. Development and deployment ington, called for an increase of 10 per- Geological Survey has estimated that of more efficient generating and end- cent in the efficient use of energy. with additional exploration in the area, use technologies are critical. Over the past decade or so, sales of the potential resources could be double Commitment to a coordinated re- sport utility vehicles and light trucks the current estimate which I have search, development, and deployment grew to become fully half the passenger given of 32 to 38 trillion cubic feet. program to ensure the safe and reliable vehicles sold in this country. Mean- Such a project will involve a number operation of pipelines and transmission while, a moratorium on even studying of Federal and State agencies, Native lines is also essential to restore public increasing fuel efficiency was imposed groups, the Government of Canada, and confidence in the safety of these sys- by the Republican-controlled Congress many private stakeholders in ensuring tems. The Pipeline Safety Act, S. 235, in the last 2 years. I do not think we the efficient processing of all permit- which passed the Senate by a vote of can even talk about a comprehensive ting and certifications necessary to be 98–0 earlier this month, contains the energy policy without concrete policies a top priority of this Congress. I have framework for such a program for nat- to reduce oil demand. We cannot just committed to Senator MURKOWSKI to ural gas and oil pipelines. A parallel produce our way to independence from work with him to facilitate any legis- program exists within the Department foreign oil supplies. lative actions that are appropriate to of Energy for the electric transmission I call my colleagues’ attention to accomplish this. system, and I hope we will see a serious this chart. The chart is entitled: ‘‘Pe- Another producing area with great commitment to these programs in the troleum Use Increases Mainly in the potential is the deep water Gulf of budget that the President sends to Transportation Sector.’’ Mexico. The gulf has had an explosion Congress in the next week or so. This is for the period 1970 to the year of development in recent years, in part The oil and gas industry has made 2020, and it shows a history and then a due to royalty incentives to offset the great strides in increasing productivity projection for consumption in the higher costs of developing a frontier and bringing down exploration and pro- transportation sector, consumption in area. duction costs. Development of 3D and the industrial sector, consumption in The Minerals Management Service is 4D seismic analysis techniques, hori- the residential-commercial sector, and scheduled to hold a lease sale later this zontal drilling, and deep water produc- finally consumption in the electricity year for an area in the eastern plan- tion systems are some examples that generation activity. ning area of the gulf. This chart shows have enabled the industry to continue The obvious conclusion one draws what I am talking about. The green producing more oil and gas from the from this chart is that the growth con- area is the sale 1881. The lease sale mature fields on shore and to set world sumption is in the transportation sec- would cover a narrow strip of Federal records in deep water development in tor. That is the top line. That is be- waters directly south of the Alabama the Gulf of Mexico. A robust R&D pro- cause of the inefficiency of the vehicles coastline which expands into a broader gram to maximize recovery, to address we are driving more and more each area 100 miles out in the gulf. problems of operations in ultra deep year in this country. There can be no The MMS, the Minerals Management waters, and to evaluate the potential of serious discussion about reducing our Service, estimates 240 million barrels methane hydrates will be critical to fu- dependence on foreign oil without a of oil and 1.8 trillion cubic feet of nat- ture development of affordable natural discussion of what can be done to re- ural gas will be developed from this gas supplies. verse these trends. I hope that is part area. Those figures could go as high as I am concerned that the President of the debate we have over the next few 370 million barrels of oil and 3.2 trillion maintain a serious commitment to months in this Chamber about our en- cubic feet of natural gas. funding critical energy research and ergy policy. Unfortunately, the Governor of Flor- development. We have shortchanged On the subject of supply, I do agree ida, Jeb Bush, the President’s brother, ourselves in the past by cutting invest- with my Republican colleagues on the has written to the Department of the ment in R&D to meet other budget ob- need to increase the supply of petro- Interior urging cancellation of this jectives. We should not make that leum products. The U.S. has domestic lease sale and any future lease sales in same mistake again this year. natural gas and oil resources that can this entire eastern planning region. I On tax policy, the Finance Com- be developed in an efficient and envi- certainly understand that Floridians mittee will soon begin hearings on the ronmentally sensitive manner. In fact, may have concerns about the develop- President’s budget and tax proposals. under the previous administration, oil ment close to their beaches, but most These hearings will give the Senate an and natural gas production on Federal of this area is more than 100 miles from opportunity to evaluate a range of tax lands and in the Outer Continental the State and in Federal waters. incentives to enhance investment and Shelf increased substantially. Let me When the Minerals Management distribute a generation from combined repeat that, Mr. President, because Service prepared the leasing plan for heat and power systems and fuel cells most people are not aware of that. In this 5-year-period, they had extensive to renewable technologies and energy-

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00021 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2225 efficient property used in business. program and the weatherization pro- cans—especially Montanans. We come Many of these proposals are included in grams. from a large State. We are very mobile. the bill that was introduced today by We are not at a crossroads where one In fact, if you look at the size of Mon- Senator MURKOWSKI. They have been path or the other needs to be taken in tana from the northwest corner to the included in legislation I have intro- our national energy policy. The supply southeast corner, it is farther than the duced and cosponsored in the past. side only path that some have advo- distance from Chicago to Washington, We need to carefully analyze the need cated would be both futile and destruc- DC. for policy measures versus changes in tive. The path of maximum efficiency— All of us were hurt during those days. tax policies as we go through this de- renewable and emission-free energy—is Families of farmers and ranchers, over- bate over the next few months. The a very long road with many milestones the-road truck drivers, manufacturing omnibus Republican energy bill is very along the way. It would be foolhardy to companies, loggers, and the mining in- generous in its modification of the Tax put all of our confidence in that path, dustry were jolted by that energy Code as a solution to many shortfalls, as well. shortage—jolted to the point where perceived and otherwise, in our energy We need a commitment to parallel some did not recover at all. policy. For example, at a time when oil paths, with a focus on maintaining the When coupled with high interest and gas prices are at such high levels, core values of equity and affordability rates at that time and runaway infla- with the major oil companies reporting and environmental integrity. I believe tion, it was truly a double whammy. I record earnings, I believe it is valid to we can do that if we get on with the do not want to see that happen again. say that the industry does not need ad- consideration of the legislation I intro- But little did I know, although I should ditional tax incentives in order to go duced the week before we had our re- have, that our memories are very short forward and explore and produce petro- cess to address our immediate needs for on our understanding of energy and the leum products. What we do need are adequate funding of the programs that role it plays in our everyday lives. We well-thought-out, countercyclical assist families to deal with the high took it for granted too long, even measures that give producers incen- cost of energy they are facing this win- though the signs of the impending dan- tives to maintain investment in domes- ter. And then we need this bipartisan gers were there. It is still talked about tic exploration and drilling during a effort to develop some long-term poli- in the Halls here, but the message fell time of extremely low prices as we had cies. on ears that did not want to listen. a year or two ago. I am confident with good will on both In Montana, we have already seen the Top priority should be given to poli- sides of the political aisle we can come impact. Columbia Falls Aluminum cies that correct market failures and up with a bipartisan piece of legisla- Company, one of the largest users of meet major policy goals of increasing tion that will move our country for- electrical power, closed its doors for a efficiency and diversifying tech- ward and help us deal with these very year. Montana Resources in Butte, MT, nologies. real problems. I commend all of my closed its doors, and we don’t know We need to develop long-term poli- colleagues for their interest in these when that will ever be open. Many oth- cies, and I have been speaking about energy issues. I hope we can work to- ers will have to do the same if price some of those long-term policies. In gether constructively to address them signals on the cost of commodities or the interim, individuals and families in the months ahead. the cost of power does not change. I am and small businesses are suffering I yield the floor and suggest the ab- told that farmers placing orders for today from energy bills that they can- sence of a quorum. their spring fertilizer needs are not pay. President Bush, during his The PRESIDING OFFICER (Mr. stunned when they hear the price. Any campaign, made clear his support for VOINOVICH). The clerk will call the roll. increase in the cost of production ensuring adequate funds for the The legislative clerk proceeded to would be devastating to grain growers LIHEAP program—that is Low Income call the roll. in Montana. Home Energy Assistance Program—and Mr. BURNS. Mr. President, I ask As you know, natural gas is used in for the low-income efficiency pro- unanimous consent that the order for the production of nitrogen for urea and grams. the quorum call be dispensed with. fertilizer that is used across the coun- In addition to the stress on families The PRESIDING OFFICER. Without try. and individuals, higher energy prices objection, it is so ordered. Facing this problem is something are having an impact on our economy Mr. BURNS. Mr. President, we have within itself. We are in the midst of a as well. Every dollar spent on these been talking about energy today. I rise crisis. We must use caution. We cannot programs will be immediately and now to talk about this Nation’s strug- succumb to the knee-jerk reactions completely reinjected into the econ- gle to deal with a threatening energy that are of a temporary nature. Usu- omy, unlike tax cuts that will not have situation that is affecting our econ- ally, that leads to a long-term night- an impact for months into the future. I omy. mare. urge the President to send those in I don’t think there is any other issue While I know the challenge that faces Congress a request for a supplemental that will come before Congress that us, I plan to approach it with a great appropriation with his budget for next will have more to do with our daily deal of caution. year, a supplemental appropriation so lives than this one. First off, there are some folks who we can adequately fund the LIHEAP For those of you who do not believe are promulgating the idea that we im- program and adequately fund the we are in a situation that makes us all pose Federal price caps on electricity. weatherization programs that are so very uncomfortable, I ask you to That will not work in the North- important for many in our country. rethink that. The prevailing mind-set western United States at this time. Our majority leader, earlier this must change in order to solve this Price caps discourage investment, gen- afternoon, indicated we would not be problem that has reached a crisis pro- eration and transmission at a time addressing energy policy on the Senate portion. when we need all three. floor until sometime this summer, Don’t let anybody tell you dif- The National Energy Security Act of June or July I believe was his esti- ferently. We are in the midst of one of 2001 introduced by Senator MURKOWSKI mate. That may be an appropriate time the worst energy shortages this Nation today is a piece of legislation that is to address long-term energy policy be- has ever experienced. The oil shortage pretty well thought out and is sup- cause it will take several months to de- will pale to the one of the 1970s because posed to stabilize energy prices as we velop a good piece of legislation which it entails all forms of energy. I remem- see them today. we can support on a bipartisan basis. ber the long gas lines and forced reduc- That is why I am adding my name as But that is too long to wait for atten- tions in heating energy that we faced a cosponsor to that bill. But as with tion to these immediate needs, the in the 1970s. I also remember the finan- any bill, there are portions I would like need to adequately fund the LIHEAP cial pain that it placed on all Ameri- to work on with Senator MURKOWSKI,

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00022 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2226 CONGRESSIONAL RECORD—SENATE February 26, 2001 the administration, and the Energy regulatory burdens. We now have a crisis situations in the past. American Committee when we begin the debate. mandate to assess and improve agency ingenuity and imagination will again, But I am generally comfortable that performance, which could lead to more in a free market, take its role and pro- the legislation is a positive move in timely processing of permits and appli- vide us again with affordable energy, the right direction for our country and cations to produce power. but it must be allowed to do so. It must American consumers. Public lands in the West, what role be allowed in our shared American val- The bill aims to protect the energy do they play? Or should they play a ues. security of the United States and de- role? They do have a role to play. They f crease America’s dependency on for- may hold the key to the dependency of eign oil sources to less than 50 percent foreign sources of oil and natural gas. REMEMBERING DALE EARNHARDT by the year 2010 by enhancing the use We can and must improve the usage Mr. KYL. Mr. President, I rise to of renewable energy sources, con- and management of our public lands, speak today about Dale Earnhardt. serving energy resources, improving which means better coordination with During this past week, millions of rac- energy efficiencies, and increasing do- local citizens affected by agency ac- ing fans all around the country have mestic energy supplies. As written, it tion. And there needs to be consistency been mourning the death of this stock will improve environmental quality by within the agencies so that investors car great. He was killed on the last reducing emissions of air pollutants, have some kind of idea about when turn of the last lap of the prestigious greenhouse gases, and it will, in effect, they may see a return on their invest- Daytona 500 just a week ago Sunday. stunt the increased costs of energy to ment. I rise today not only to eulogize Dale the American consumer. We have seen that oil and gas explo- Earnhardt but to try to explain to But let’s take a closer and intensive ration increased with the previous ad- those who are not racing fans why his look at what I perceive are the reasons ministration. That is true. It is a true life and death means so much to those we are in this energy situation today. statement. It is also true that more of us who are. I believe there are some Electricity prices are skyrocketing. We lands were withdrawn from exploration lessons of life here that have relevance are seeing high gasoline prices, oil than in any other administration. Ex- to all of us and, indeed, to the health of prices, natural gas prices, and heating ploration might have increased but, I our country. oil prices as well. In fact, the price per would ask, did production? Why is Dale Earnhardt’s death an oc- barrel of oil has gone from $15.99 in 1992 Finally, we must reduce the time and casion for such reflection? The first to well over $30 this year. Natural gas cost for approving exploration and reason has to do with the man himself. prices have gone from $1.74 per thou- management of development projects. I did not know him well. His closest sand cubic feet at the wellhead to near- Our Federal agencies need to help ease friends talked not just about Dale ly $5 per thousand cubic feet today. the pain of regulatory burdens that Earnhardt the race car driver but Electricity prices in the Northwest have been placed on America’s energy about Dale Earnhardt the man, a fam- have gone from roughly $20 per mega- consumers. ily man, a man who was intensely loyal watt hour in 1992 to nearly $250 per Next, we need to be able to access to his friends, a man who went out of megawatt hour right now. I don’t have those vast resources on our public his way to do thoughtful favors, who a high enough math degree to figure lands. The Federal Government cur- took great care of his employees, and how much of an increase that really is. rently manages—now listen to this fig- who helped younger drivers. Gasoline prices were around 93 cents ure—650 million acres of land. More Ironically, he died at almost the pre- per gallon in 1992 and now sit at nearly than 90 percent of this land is west of cise moment that Michael Waltrip a $1.40 or $1.50 per gallon today. And the Mississippi River. In fact, 52 per- took the checkered flag at the Daytona these prices are before taxes are added. cent of the land in the West is managed 500 race. It was Waltrip’s first victory So prices have gone up across the board by Federal and State Governments. In ever in a very long racing career, well for all forms of energy. Montana, nearly 50 percent of our land over 400 starts. Dale Earnhardt be- The policies of the past 8 years, or as is owned by the Federal Government. lieved in Michael Waltrip. He believed some would say the lack of a clear na- Folks, 95 percent of the undiscovered he could win if he had the right equip- tional energy policy, has contributed oil and 40 percent of the undiscovered ment. So he hired him; he provided him to this predicament we find ourselves gas is estimated to be located under a car that could win, and Michael in today. these public lands. It is obvious to me Waltrip did the rest. In the Northwest, we have seen a 24 that herein lies a part of our solution Earnhardt always seemed to me percent increase in electricity con- to energy dependence on foreign quiet; in fact, even shy. But on the sumption since 1992, while generation sources. We have the ways and means track he was anything but shy. He was has only increased 4 percent. If you add to manage our natural resources on known as ‘‘the Intimidator.’’ That is the California situation into the mix, public lands so that the environment is because of the way he raced. He was the discrepancy grows even larger. Fur- treated like we would treat our own tough. It seemed he would always find ther, the Electric Power Research In- homes. a way to win, even if his car was not as stitute recently found that there is I am confident that the new adminis- good that day as some of the others. going to be a 20 to 25 percent growth in tration, working with Energy Com- Sometimes, especially earlier in his electricity demand in the next 10 years, mittee Chairman FRANK MURKOWSKI career, he was perhaps too aggressive. but, again, only a 4 percent increase in and the rest of the Congress, will de- But he didn’t see racing as a sport for generation and also the transmission velop a comprehensive plan that will the weak. Indeed, I don’t think there is lines to carry that electricity, that take the step to solve the problems anything wrong with having a strong power. The stats speak for themselves. that we are facing. As I stated before, desire to be the very best you can be. If we do not see more generation and we must look at our regulations and That seemed to be Dale Earnhardt’s the ability to transmit it—if those do regulatory burdens. We must be able to motivation in life. As racing fans, as not come on-line—high energy prices site generation facilities in a timely sports fans of any kind, we all have our are here to stay. We must lose the manner. We, as policymakers and act- favorites, but no real NASCAR fan mentality that electricity comes from ing in the best interests of all Ameri- would deny that he was the greatest a switch like the mentality that milk cans, should be able to site trans- driver of his time. comes from a jug. mission lines in a timely manner. It takes away nothing from the other Common sense tells us that our regu- Finally, we must remove the barriers great drivers to acknowledge that Dale lation policies should allow the supply that stifle incentives for investment in Earnhardt was the best. He had enor- to meet the demand. our power markets, while at the same mous natural talent and courage. It We can and must identify and reform time providing incentives to do the takes courage to drive a car right on or, in some cases, remove some of the same. We have worked ourselves out of the edge, at 200 miles per hour. He had

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00023 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2227 experience, racing smarts, and he had him to win. At the races, each Sunday cation to become a racing legend and an unquenchable will—the will to win. morning before the race starts there is extraordinarily successful business- He won seven NASCAR championships, a chapel service and a prayer before the man. tied only by Richard Petty. He had a race. He was also a great husband to his lot of other racing victories as well. A lot of these things don’t charac- wife Teresa, and a great father to his One of the racing series is called IROC, terize typical sports events. These are children, Taylor, Dale Jr., Kelley, and International Race of Champions, good people. They are not prima don- Kerry. Our hearts go out to them. where everybody is given an identical nas like some other sports figures. North Carolina has lost one of her fa- car and it is up to the drivers to show They provide interviews and give auto- vorite sons, and NASCAR has lost per- who is the best using identically pre- graphs and do appearances. They ap- haps its greatest champion. Our pray- pared cars. Earnhardt frequently won peal to young people. They are really ers go out to his family, friends, and because of his skill. normal people doing very extraor- fans. It may be just a sport, but we can all dinary things. Fans can relate to them. Mr. HELMS. Mr. President, I was so appreciate excellence. Whether in art, They look at them not as role models glad to hear my distinguished col- music, business, or sport, it is a joy to but as people who, in a sense, are like league from North Carolina talking watch the very best perform. That is them. Many came up the hard way, as about Dale Earnhardt. Dale was a re- one of the reasons Dale Earnhardt will Earnhardt did. He didn’t even graduate markable citizen and individual. I be so sorely missed. His peers will miss from high school. His father was a knew him well. In fact, when the news him as well as his fans. great driver in his own right. Now Dale came that he had died in the accident, Why was he so tough? It had to do Earnhardt’s son, Dale Jr., will have to I immediately arranged for a flag to be with respect. One of the highest accom- do the same. flown at half-mast over the Capitol to plishments for a race car driver was to In the end, Dale Earnhardt is be sent to his widow for use at the fu- have the respect of Dale Earnhardt. In mourned because his life is an example neral. NASCAR racing, you knew you had of the American dream. He came from Dale had a good sense of humor, and made it when Dale Earnhardt said so. very humble beginnings—in his case, he was not unaware of the risk in- Some wonder how well NASCAR will from the small town of Kannapolis, NC volved in the business in which he fare with the death of its greatest driv- —worked hard, and ended up a success. chose to participate. I remember when er. But Dale Earnhardt would scoff at Dale Earnhardt is mourned because he he came to a dinner in Charlotte when that thought. It was always his dream embodied fine qualities: humility, loy- I was running for reelection, and he to drive a NASCAR. NASCAR was a alty, caring, hard work, pride in one’s and others had arranged for me to get great sports organization before he got work, and the competitive spirit. Most a ‘‘Winston Cup’’ jacket, I think they there, and it will continue to grow. It of all, he loved his family and friends. called it. It was a thing that only race is the Nation’s fastest-growing sport. Today, I join the millions of Ameri- car drivers can wear with impunity. Just as Richard Petty’s 200 wins and 7 cans who are praying for Dale’s wife But I wear it every once in a while be- championships earned him the moniker Theresa, his children, and all of the cause I am so grateful for this indus- ‘‘The King,’’ NASCAR will add Dale good people who are fans of NASCAR. try—and that is what it is in North Earnhardt to its great history and tra- Mr. EDWARDS. Mr. President, I rise Carolina, a big business. dition, and it will continue. today to note with sadness the tragic Dale Earnhardt was—how do you put Back to the original question: Why death of Dale Earnhardt. it—an authentic American. There was do so many millions of Americans For the past week, the Nation has no pretense about him. He was a hero mourn his death? I think it has to do mourned the loss of a racing legend. to millions of stock car racing fans with the very nature of NASCAR itself. But in my home State of North Caro- who followed his remarkable career as It is a family affair, and all NASCAR lina, his death has a special signifi- a seven-time Winston Cup champion fans consider themselves part of that cance because we have lost a cherished when that fatal crash occurred on the family. You start with NASCAR itself, native son. last lap of the Daytona 500 on February the National Association of Stock Car Dale Earnhardt was a hero to count- 18. Racing, which was started by Bill less NASCAR fans in North Carolina North Carolina has lost a son and France, from Daytona Beach, FL. His and across our country. America has lost an incredible hero. family took it over. His son Bill His success on the track helped ele- Dale Earnhardt touched people wheth- France, Jr., has been the head of vate stock-car racing from a regional er or not they were fans of the motor NASCAR during its great growth pe- pastime to a national sport. sports. Growing up in North Carolina riod. Racing brought Dale fame and and working at what he loved, he was I pray for Bill France, Jr.’s health. wealth, but he never forgot his roots in indeed remarkable. The passion he had He has, in effect, turned most of the Kannapolis, North Carolina or the for life did not end when he left the business over to other members of his hometown fans who backed him from track. He carried it over to his family. family now and also to the CEO of the beginning. He lived life to its fullest and loved NASCAR, Mike Helton. The crews, the He never let them down. They always every second of it. owners, the sponsors, the drivers, the knew they could count on Dale to give Race fans throughout the world felt owners of the tracks, and the media it his all every time. as if they had lost a member of their that cover the sport are all a very Dale Earnhardt was a champion from family—and they had. Known as ‘‘The close-knit unit. The competitors race the start, winning NASCAR rookie-of- Intimidator’’ for his aggressive driving hard against each other, but they will the-year honors back in 1975. style, Dale Earnhardt was a legend not always come to each other’s aid in In 26 years of racing, Dale won 7 Win- only for his racing career, but for his times of difficulty. ston Cup Series titles, 76 races in all, having guided thousands of young peo- Not only is there a strong sense of including the 1998 Daytona 500, and be- ple into useful, meaningful adulthoods. values within the people who partici- came the leading all-time money win- Dale Earnhardt is an inspiration to pate in the sport, but also strong val- ner in racing history. millions for allowing them to realize ues within the family, starting with a His fans and his fellow racers called that a dream can be achieved. firm belief in God. When the race is him ‘‘The Intimidator’’—not just be- The United States Senate family ex- over, ordinarily when the driver ma- cause he won so many races—but be- tends their deepest sympathy to Mrs. neuvers out of the car and claims vic- cause he was a fierce competitor. Earnhardt, their two sons and two tory, first of all he will thank God for Dale Earnhardt was more than a daughters, and their other loved ones. a safe race. Then he will thank his great race car driver. He was also a Mr. CAMPBELL. Mr. President, it is crew for preparing the car, and he will great American success story, rising with great sorrow that I am recog- thank a lot of other people for enabling from poverty and a ninth-grade edu- nizing today the loss of one of the

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00024 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2228 CONGRESSIONAL RECORD—SENATE February 26, 2001 greatest NASCAR drivers ever to get Court should apply equally to all of the 5. Foreign loans. behind the wheel, Dale Earnhardt, who ADA and well beyond the ADA. 6. International activities of the American tragically died at this year’s Daytona I would like to note just one exam- National Red Cross and the International Committee of the Red Cross. 500. The Nation not only lost an icon of ple. In 1998, the Supreme Court held 7. International aspects of nuclear energy, the racing world, but also a great man. that the language of the ADA was clear including nuclear transfer policy. Dale Earnhardt’s career achieve- enough to cover state and local pris- 8. International conferences and con- ments are vast, better than most teams ons. I immediately introduced legisla- gresses. of drivers. In his 26 years of racing, tion to exclude State and local prisons 9. International law as it relates to foreign policy. Dale won 76 races and secured seven from the ADA because I do not believe 10. International Monetary Fund and other Winston Cup Championships. But, the that the Congress considered the ADA international organizations established pri- biggest accomplishment Dale earned is applying to these institutions when it marily for international monetary purposes the respect and admiration of his fel- passed the legislation. After all, the (except that, at the request of the Com- low drivers and his fans through his housing of prisoners is a core State mittee on Banking, Housing, and Urban Af- hard work and dedication to the sport function, with about 94 percent of pris- fairs, any proposed legislation relating to he loved. Everyone involved in racing oners being maintained in State and such subjects reported by the Committee on Foreign Relations shall be referred to the will never forget what Dale has done local facilities. Committee on Banking, Housing, and Urban for the sport and how his accomplish- I have reintroduced the legislation, Affairs). ments have forever turned racing into S. 34, in this Congress. However, this 11. Intervention abroad and declarations of a way of life. Supreme Court decision should be very war. He had an aggressive driving style beneficial in limiting the application of 12. Measures to foster commercial inter- that was rivaled by none, and revered the ADA in the prison context on the course with foreign nations and to safeguard American business interests abroad. by all. Dale Earnhardt set the standard State level even without the Congress 13. National security and international as- by which every driver was measured. amending the ADA. This is just an ex- pects of trusteeships of the United States. On the race track it was all business. ample of how this case will help keep 14. Ocean and international environmental Off the track he was a man with a huge the Federal Government out of areas and scientific affairs as they relate to for- heart and a tender way who always had that traditionally have been reserved eign policy. 15. Protection of United States citizens time for fans and other racers. You can to the States. abroad and expatriation. never replace a driver like Dale Far too often, the Congress ignores 16. Relations of the United States with for- Earnhardt, but his legend will live on. the principles of federalism and acts as eign nations generally. As a motorsports enthusiast myself though the States are subdivisions of 17. Treaties and executive agreements, ex- and co-chair of the Congressional Mo- the Federal Government. Decisions cept reciprocal trade agreements. torsports Caucus, it is with regret for such as Garrett remind the Congress 18. United Nations and its affiliated organizations. me to make this Senate floor state- that this is simply not the case. The 19. World Bank group, the regional devel- ment. Today I invite my Senate col- Constitution created a Federal Govern- opment banks, and other international orga- leagues to join me in sending my sin- ment of limited, enumerated powers, nizations established primarily for develop- cere condolences to the Earnhardt fam- and those powers that the Constitution ment assistance purposes. ily and everyone that has been touched does not provide for the Federal Gov- The Committee is also mandated by Senate by the man known as the Intimidator ernment are reserved to the States and Rule XXV.1(j) to study and review, on a comprehensive basis, matters relating to the na- on the race track. The number 3 car to the people. tional security policy, foreign policy, and will be missed on the track. But, racing The Congress must do more to recog- international economic policy as it relates will go on, Dale would have wanted it nize the separation of powers between to foreign policy of the United States, and that way. the Federal Government and the matters relating to food, hunger, and nutri- f States. I am pleased that the Supreme tion in foreign countries, and report thereon Court is showing a renewed respect for from time to time. BOARD OF TRUSTEES OF THE UNI- (b) Oversight.—The Committee also has a the principles of federalism. VERSITY OF ALABAMA V. GAR- responsibility under Senate Rule XXVI.8, RETT SUPREME COURT CASE f which provides that ‘‘. . . each standing RULES OF THE FOREIGN Committee . . . shall review and study, on a Mr. THURMOND. Mr. President, dur- continuing basis, the application, adminis- ing the Congressional recess last week, RELATIONS COMMITTEE tration, and execution of those laws or parts the Supreme Court issued an extremely Mr. HELMS. Mr. President, pursuant of laws, the subject matter of which is with- important decision regarding the to the requirements of paragraph 2 of in the jurisdiction of the Committee.’’ Americans with Disabilities Act and Senate rule XXVI, I ask unanimous (c) ‘‘Advice and Consent’’ Clauses.—The Committee has a special responsibility to as- the principles of federalism. The deci- ECORD consent to have printed in the R sist the Senate in its constitutional function sion, Board of Trustees of the Univer- the rules of the Committee on Foreign of providing ‘‘advice and consent’’ to all sity of Alabama v. Garrett, is one in a Relations for the 107th Congress adopt- treaties entered into by the United States series of cases that is helping reassert ed by the committee on February 7, and all nominations to the principal execu- the role of the States in our Federal 2001. tive branch positions in the field of foreign system of Government. There being no objection, the mate- policy and diplomacy. The eleventh amendment to the Con- rial was ordered to be printed in the RULE 2—SUBCOMMITTEES stitution prohibits States from being RECORD, as follows: (a) Creation.—Unless otherwise authorized sued in Federal court by private citi- RULES OF THE COMMITTEE ON FOREIGN by law or Senate resolution, subcommittees zens for money damages, unless the RELATIONS shall be created by majority vote of the Committee and shall deal with such legisla- State consents. In the Garrett case, the (Adopted February 7, 2001) tion and oversight of programs and policies Supreme Court said that based on this RULE 1—JURISDICTION as the Committee directs. Legislative meas- provision it is unconstitutional for the (a) Substantive.—In accordance with Sen- ures or other matters may be referred to a Congress to hold the States liable for ate Rule XXV.1(j), the jurisdiction of the subcommittee for consideration in the dis- private lawsuits under the ADA. The Committee shall extend to all proposed legis- cretion of the Chairman or by vote of a ma- Congress did not or could not create a lation, messages, petitions, memorials, and jority of the Committee. If the principal sub- record of a pattern of discrimination other matters relating to the following subject matter of a measure or matter to be re- by the States sufficient to meet the jects: ferred falls within the jurisdiction of more heavy burden required by the Constitu- 1. Acquisition of land and buildings for em- than one subcommittee, the Chairman or the bassies and legations in foreign countries. Committee may refer the matter to two or tion. 2. Boundaries of the United States. more subcommittees for joint consideration. While the case referred to Title I of 3. Diplomatic service. (b) Assignments.—Assignments of members the ADA, which concerns employment 4. Foreign economic, military, technical, to subcommittees shall be made in an equi- discrimination, the reasoning of the and humanitarian assistance. table fashion. No member of the Committee

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00025 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2229 may receive assignment to a second sub- sultation with the Ranking Member, deter- In addition, the Majority Leader and the committee until, in order of seniority, all mines that there is good cause to begin such Minority Leader of the Senate, if they are members of the Committee have chosen as- meeting or hearing at an earlier date. not otherwise members of the Committee, signments to one subcommittee, and no (e) Procedure.—Insofar as possible, pro- may designate one member of their staff member shall receive assignments to a third ceedings of the Committee will be conducted with a Top Secret security clearance to at- subcommittee until, in order of seniority, all without resort to the formalities of par- tend closed sessions of the Committee, sub- members have chosen assignments to two liamentary procedure and with due regard ject to the same conditions set forth for subcommittees. for the views of all members. Issues of proce- Committee staff under Rules 12, 13, and 14. No member of the Committee may serve on dure which may arise from time to time Staff of other Senators who are not members more than four subcommittees at any one shall be resolved by decision of the Chair- of the Committee may not attend closed ses- time. man, in consultation with the Ranking Mem- sions of the Committee. The Chairman and Ranking Member of the ber. The Chairman, in consultation with the Attendance of Committee staff at meetings Committee shall be ex officio members, Ranking Member, may also propose special shall be limited to those designated by the without vote, of each subcommittee. procedures to govern the consideration of Staff Director or the Minority Staff Direc- (c) Meetings.—Except when funds have been particular matters by the Committee. tor. specifically made available by the Senate for (f) Closed Sessions.—Each meeting of the The Committee, by majority vote, or the a subcommittee purpose, no subcommittee of Committee on Foreign Relations, or any sub- Chairman, with the concurrence of the the Committee on Foreign Relations shall committee thereof, including meetings to Ranking Member, may limit staff attend- hold hearings involving expenses without conduct hearings, shall be open to the public, ance at specified meetings. prior approval of the Chairman of the full except that a meeting or series of meetings RULE 4—QUORUMS Committee or by decision of the full Com- by the Committee or a subcommittee on the (a) Testimony.—For the purpose of taking mittee. Meetings of subcommittees shall be same subject for a period of no more than sworn or unsworn testimony at any duly scheduled after consultation with the Chair- fourteen calendar days may be closed to the scheduled meeting a quorum of the Com- man of the Committee with a view toward public on a motion made and seconded to go mittee and each subcommittee thereof shall avoiding conflicts with meetings of other into closed session to discuss only whether consist of one member. subcommittees insofar as possible. Meetings the matters enumerated in paragraphs (1) (b) Business.—A quorum for the trans- of subcommittees shall not be scheduled to through (6) would require the meeting to be action of Committee or subcommittee busi- conflict with meetings of the full Com- closed followed immediately by a record vote ness, other than for reporting a measure or mittee. in open session by a majority of the members recommendation to the Senate or the taking The proceedings of each subcommittee of the Committee or subcommittee when it of testimony, shall consist of one-third of shall be governed by the rules of the full is determined that the matters to be dis- the members of the Committee or sub- Committee, subject to such authorizations cussed or the testimony to be taken at such committee, including at least one member or limitations as the Committee may from meeting or meetings— from each party. time to time prescribe. (1) will disclose matters necessary to be (c) Reporting.—A majority of the member- RULE 3—MEETINGS kept secret in the interests of national de- ship of the Committee shall constitute a (a) Regular Meeting Day.—The regular fense or the confidential conduct of the for- quorum for reporting any measure or rec- meeting day of the Committee on Foreign eign relations of the United States; ommendation to the Senate. No measure or (2) will relate solely to matters of Com- Relations for the transaction of Committee recommendation shall be ordered reported mittee staff personnel or internal staff man- business shall be on Tuesday of each week, from the Committee unless a majority of the agement or procedure; unless otherwise directed by the Chairman. Committee members are physically present. (3) will tend to charge an individual with (b) Additional Meetings.—Additional meet- The vote of the Committee to report a meas- crime or misconduct; to disgrace or injure ings and hearings of the Committee may be ure or matter shall require the concurrence the professional standing of an individual, or called by the Chairman as he may deem nec- of a majority of those members who are otherwise to expose an individual to public essary. If at least three members of the Com- physically present at the time the vote is contempt or obloquy, or will represent a mittee desire that a special meeting of the taken. clearly unwarranted invasion of the privacy Committee be called by the Chairman, those RULE 5—PROXIES of an individual; members may file in the offices of the Com- (4) will disclose the identity of any in- Proxies must be in writing with the signa- mittee their written request to the Chair- former or law enforcement agent or will dis- ture of the absent member. Subject to the re- man for that special meeting. Immediately close any information relating to the inves- quirements of Rule 4 for the physical pres- upon filing of the request, the Chief Clerk of tigation or prosecution of a criminal offense ence of a quorum to report a matter, proxy the Committee shall notify the Chairman of that is required to be kept secret in the in- voting shall be allowed on all measures and the filing of the request. If, within three cal- terests of effective law enforcement; matters before the Committee. However, endar days after the filing of the request, the (5) will disclose information relating to proxies shall not be voted on a measure or Chairman does not call the requested special the trade secrets or financial or commercial matter except when the absent member has meeting, to be held within seven calendar information pertaining specifically to a been informed of the matter on which he is days after the filing of the request, a major- given person if— being recorded and has affirmatively re- ity of the members of the Committee may (A) an Act of Congress requires the infor- quested that he or she be so recorded. file in the offices of the Committee their mation to be kept confidential by Govern- RULE 6—WITNESSES written notice that a special meeting of the ment officers and employees; or (a) General.—The Committee on Foreign Committee will be held, specifying the date (B) the information has been obtained by Relations will consider requests to testify on and hour of that special meeting. The Com- the Government on a confidential basis, any matter or measure pending before the mittee shall meet on that date and hour. Im- other than through an application by such Committee. mediately upon the filing of the notice, the person for a specific Government financial or (b) Presentation.—If the Chairman so deter- Clerk shall notify all members of the Com- other benefit, and is required to be kept se- mines, the oral presentation of witnesses mittee that such special meeting will be held cret in order to prevent undue injury to the shall be limited to 10 minutes. However, and inform them of its date and hour. competitive position of such person, or written statements of reasonable length may (c) Hearings, selection of witnesses.—To en- (6) may divulge matters required to be be submitted by witnesses and other inter- sure that the issue which is the subject of kept confidential under other provisions of ested persons who are unable to testify in the hearing is presented as fully and fairly as law or Government regulations. person. possible, whenever a hearing is conducted by A closed meeting may be opened by a ma- (c) Filing of Statements.—A witness appear- the Committee or a subcommittee upon any jority vote of the Committee. ing before the Committee, or any sub- measure or matter, the Ranking Member of (g) Staff Attendance.—A member of the committee thereof, shall file a written state- the Committee or subcommittee may re- Committee may have one member of his or ment of his proposed testimony at least 48 quest that an equal number of public wit- her personal staff, for whom that member as- hours prior to his appearance, unless this re- nesses selected by the Ranking Member be sumes personal responsibility, accompany quirement is waived by the Chairman and called to testify at that hearing. and be seated nearby at Committee meet- the Ranking Member following their deter- (d) Public Announcement.—The Committee, ings. mination that there is good cause for failure or any subcommittee thereof, shall make Each member of the Committee may des- to file such a statement. public announcement of the date, place, ignate members of his or her personal staff, (d) Expenses.—Only the Chairman may au- time, and subject matter of any meeting or who hold a Top Secret security clearance, for thorize expenditures of funds for the ex- hearing to be conducted on any measure or the purpose of their eligibility to attend penses of witnesses appearing before the matter at least one week in advance of such closed sessions of the Committee, subject to Committee or its subcommittees. meetings or hearings, unless the Chairman of the same conditions set forth for Committee (e) Requests.—Any witness called for a the Committee, or subcommittee, in con- staff under Rules 12, 13, and 14. hearing may submit a written request to the

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00026 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2230 CONGRESSIONAL RECORD—SENATE February 26, 2001 Chairman no later than 24 hours in advance (b) Once submitted by the President for the Senate Ethics Committee in the case of for his testimony to be in closed or open ses- advice and consent, each treaty is referred to foreign-sponsored travel. sion, or for any other unusual procedure. The the Committee and remains on its calendar Any proposed travel by Committee staff Chairman shall determine whether to grant from Congress to Congress until the Com- for a subcommittee purpose must be ap- any such request and shall notify the Com- mittee takes action to report it to the Sen- proved by the subcommittee chairman and mittee members of the request and of his de- ate or recommend its return to the Presi- ranking member prior to submission of the cision. dent, or until the Committee is discharged of request to the Chairman and Ranking Mem- RULE 7—SUBPOENAS the treaty by the Senate. ber of the full Committee. When the Chairman and the Ranking Mem- (a) Authorization.—The Chairman or any (c) In accordance with Senate Rule XXX.2, ber approve the foreign travel of a member other member of the Committee, when au- treaties which have been reported to the of the staff of the committee not accom- thorized by a majority vote of the Com- Senate but not acted on before the end of a panying a member of the Committee, all mittee at a meeting or by proxies, shall have Congress ‘‘shall be resumed at the com- members of the Committee shall be advised, authority to subpoena the attendance of wit- mencement of the next Congress as if no pro- prior to the commencement of such travel of nesses or the production of memoranda, doc- ceedings had previously been had thereon.’’ its extent, nature, and purpose. uments, records, or any other materials. At (d) Insofar as possible, the Committee (b) Domestic Travel.—All official travel in the request of any Member of the Com- should conduct a public hearing on each the United States by the Committee staff mittee, the Committee shall authorize the treaty as soon as possible after its submis- shall be approved in advance by the Staff Di- issuance of a subpoena only at a meeting of sion by the President. Except in extraor- rector, or in the case of minority staff, by the Committee. When the Committee au- dinary circumstances, treaties reported to the Minority Staff Director. thorizes a subpoena, it may be issued upon the Senate shall be accompanied by a writ- (c) Personal Staff.—As a general rule, no the signature of the Chairman or any other ten report. more than one member of the personal staff member designated by the Committee. RULE 10—NOMINATIONS of a member of the Committee may travel (b) Return.—A subpoena, or a request to an (a) Waiting Requirement.—Unless otherwise with that member with the approval of the agency, for documents may be issued whose directed by the Chairman and the Ranking Chairman and the Ranking Member of the return shall occur at a time and place other Member, the Committee on Foreign Rela- Committee. During such travel, the personal than that of a scheduled Committee meet- tions shall not consider any nomination staff member shall be considered to be an ing. A return on such a subpoena or request until 6 calendar days after it has been for- employee of the Committee. which is incomplete or accompanied by an mally submitted to the Senate. (d) Personal Representatives of the Member objection constitutes good cause for a hear- (b) Public Consideration.—Nominees for any (PRM).—For the purposes of Rule 11 as re- ing on shortened notice. Upon such a return, post who are invited to appear before the gards staff foreign travel, the officially-des- the Chairman or any other member des- Committee shall be heard in public session, ignated personal representative of the mem- ignated by him may convene a hearing by unless a majority of the Committee decrees ber (PRM) shall be deemed to have the same giving 2 hours notice by telephone to all otherwise. rights, duties, and responsibilities as mem- other members. One member shall constitute (c) Required Data.—No nomination shall be bers of the staff of the Committee on Foreign a quorum for such a hearing. The sole pur- reported to the Senate unless (1) the nomi- Relations. Furthermore, for the purposes of pose of such a hearing shall be to elucidate nee has been accorded a security clearance this section, each Member of the Committee further information about the return and to on the basis of a thorough investigation by may designate one personal staff member as rule on the objection. executive branch agencies; (2) in appropriate the ‘‘Personal Representative of the Mem- (c) Depositions.—At the direction of the cases, the nominee has filed a financial dis- ber.’’ Committee, staff is authorized to take depo- closure report and a confidential statement RULE 12—TRANSCRIPTS sitions from witnesses. with the Committee; (3) the Committee has RULE 8—REPORTS been assured that the nominee does not have (a) General.—The Committee on Foreign Relations shall keep verbatim transcripts of (a) Filing.—When the Committee has or- any interests which could conflict with the all Committee and subcommittee meetings dered a measure or recommendation re- interests of the government in the exercise and such transcripts shall remain in the cus- ported, the report thereon shall be filed in of the nominee’s proposed responsibilities; tody of the Committee, unless a majority of the Senate at the earliest practicable time. (4) for persons nominated to be chief of mis- (b) Supplemental, Minority and Additional sion, ambassador-at-large, or minister, the the Committee decides otherwise. Tran- Views.—A member of the Committee who Committee has received a complete list of scripts of public hearings by the Committee gives notice of his intentions to file supple- any contributions made by the nominee or shall be published unless the Chairman, with mental, minority, or additional views at the members of his immediate family to any the concurrence of the Ranking Member, de- time of final Committee approval of a meas- Federal election campaign during the year of termines otherwise. (b) Classified or Restricted Transcripts.— ure or matter, shall be entitled to not less his or her nomination and for the 4 preceding (1) The Chief Clerk of the Committee shall than 3 calendar days in which to file such years; and (5) for persons nominated to be have responsibility for the maintenance and views, in writing, with the Chief Clerk of the chiefs of mission, a report on the dem- security of classified or restricted tran- Committee, with the 3 days to begin at 11:00 onstrated competence of that nominee to scripts. p.m. on the same day that the Committee perform the duties of the position to which (2) A record shall be maintained of each has ordered a measure or matter reported. he or she has been nominated. use of classified or restricted transcripts. Such views shall then be included in the RULE 11—TRAVEL (3) Classified or restricted transcripts shall Committee report and printed in the same (a) Foreign Travel.—No member of the be kept in locked combination safes in the volume, as a part thereof, and their inclusion Committee on Foreign Relations or its staff Committee offices except when in active use shall be noted on the cover of the report. In shall travel abroad on Committee business by authorized persons for a period not to ex- the absence of timely notice, the Committee unless specifically authorized by the Chair- ceed 2 weeks. Extensions of this period may report may be filed and printed immediately man, who is required by law to approve be granted as necessary by the Chief Clerk. without such views. vouchers and report expenditures of foreign They must never be left unattended and (c) Rollcall Votes.—The results of all roll- currencies, and the Ranking Member. Re- shall be returned to the Chief Clerk prompt- call votes taken in any meeting of the Com- quests for authorization of such travel shall ly when no longer needed. mittee on any measure, or amendment there- state the purpose and, when completed, a full (4) Except as provided in paragraph 7 to, shall be announced in the Committee re- substantive and financial report shall be below, transcripts classified secret or higher port. The announcement shall include a tab- filed with the Committee within 30 days. may not leave the Committee offices except ulation of the votes cast in favor and votes This report shall be furnished to all members for the purpose of declassification. cast in opposition to each such measure and of the Committee and shall not be otherwise (5) Classified transcripts other than those amendment by each member of the Com- disseminated without the express authoriza- classified secret or higher may leave the mittee. tion of the Committee. Except in extraor- Committee offices in the possession of au- RULE 9—TREATIES dinary circumstances, staff travel shall not thorized persons with the approval of the (a) The Committee is the only Committee be approved unless the reporting require- Chairman. Delivery and return shall be made of the Senate with jurisdiction to review and ments have been fulfilled for all prior trips. only by authorized persons. Such transcripts report to the Senate on treaties submitted Except for travel that is strictly personal, may not leave Washington, DC, unless ade- by the President for Senate advice and con- travel funded by non-U.S. Government quate assurances for their security are made sent. Because the House of Representatives sources is subject to the same approval and to the Chairman. has no role in the approval of treaties, the substantive reporting requirements as U.S. (6) Extreme care shall be exercised to Committee is therefore the only congres- Government-funded travel. In addition, avoid taking notes or quotes from classified sional committee with responsibility for members and staff are reminded of Senate transcripts. Their contents may not be di- treaties. Rule XXXV.4 requiring a determination by vulged to any unauthorized person.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00027 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2231 (7) Subject to any additional restrictions Senate Office Building, and except for mate- therefore has a responsibility to help the imposed by the Chairman with the concur- rial classified as ‘‘Top Secret’’ shall be filed Committee bring to bear an independent, ob- rence of the Ranking Member, only the fol- in the Dirksen Senate Building offices for jective judgment of proposals by the execu- lowing persons are authorized to have access Committee use and safekeeping. tive branch and when appropriate to origi- to classified or restricted transcripts. (b) Each such piece of classified material nate sound proposals of its own. At the same (i) Members and staff of the Committee in received or originated shall be card indexed time, the staff shall avoid impinging upon the Committee rooms; and serially numbered, and where requiring the day-to-day conduct of foreign affairs. (ii) Designated personal representatives of onward distribution shall be distributed by (6) In those instances when Committee ac- members of the Committee, and of the Ma- means of an attached indexed form approved tion requires the expression of minority jority and Minority Leaders, with appro- by the Chairman. If such material is to be views, the staff shall assist the minority as priate security clearances, in the Commit- distributed outside the Committee offices, it fully as the majority to the end that all tee’s Capitol office; shall, in addition to the attached form, be points of view may be fully considered by (iii) Senators not members of the Com- accompanied also by an approved signature members of the Committee and of the Sen- mittee, by permission of the Chairman in the sheet to show onward receipt. ate. The staff shall bear in mind that under Committee rooms; and (c) Distribution of classified material our constitutional system it is the responsi- (iv) Members of the executive departments among offices shall be by Committee mem- bility of the elected Members of the Senate involved in the meeting, in the Committee’s bers or authorized staff only. All classified to determine legislative issues in the light of Capitol office, or, with the permission of the material sent to members’ offices, and that as full and fair a presentation of the facts as Chairman, in the offices of the officials who distributed within the working offices of the the staff may be able to obtain. took part in the meeting, but in either case, Committee, shall be returned to the offices (b) Restrictions.— only for a specified and limited period of designated by the Chief Clerk. No classified (1) The staff shall regard its relationship time, and only after reliable assurances material is to be removed from the offices of to the Committee as a privileged one, in the against further reproduction or dissemina- the members or of the Committee without nature of the relationship of a lawyer to a tion have been given. permission of the Chairman. Such classified client. In order to protect this relationship (8) Any restrictions imposed upon access material will be afforded safe handling and and the mutual confidence which must pre- to a meeting of the Committee shall also safe storage at all times. vail if the Committee-staff relationship is to apply to the transcript of such meeting, ex- (d) Material classified ‘‘Top Secret,’’ after be a satisfactory and fruitful one, the fol- cept by special permission of the Chairman being indexed and numbered shall be sent to lowing criteria shall apply: and notice to the other members of the Com- the Committee’s Capitol office for use by the (i) members of the staff shall not be identi- mittee. Each transcript of a closed session of members and authorized staff in that office fied with any special interest group in the the Committee shall include on its cover a only or in such other secure Committee of- field of foreign relations or allow their description of the restrictions imposed upon fices as may be authorized by the Chairman names to be used by any such group; access, as well as any applicable restrictions or Staff Director. (ii) members of the staff shall not accept upon photocopying, note-taking or other dis- (e) In general, members and staff under- public speaking engagements or write for semination. take to confine their access to classified in- publication in the field of foreign relations (9) In addition to restrictions resulting formation on the basis of a ‘‘need to know’’ without specific advance permission from from the inclusion of any classified informa- such information related to their Committee the Staff Director, or, in the case of minor- tion in the transcript of a Committee meet- responsibilities. ity staff, from the Minority Staff Director. (f) The Staff Director is authorized to ing, members and staff shall not discuss with In the case of the Staff Director and the Mi- make such administrative regulations as anyone the proceedings of the Committee in nority Staff Director, such advance permis- may be necessary to carry out the provisions closed session or reveal information con- sion shall be obtained from the Chairman or of these regulations. veyed or discussed in such a session unless the Ranking Member, as appropriate. In any that person would have been permitted to at- RULE 14—STAFF event, such public statements should avoid tend the session itself, or unless such com- (a) Responsibilities.— the expression of personal views and should munication is specifically authorized by the (1) The staff works for the Committee as a not contain predictions of future, or inter- Chairman, the Ranking Member, or in the whole, under the general supervision of the pretations of past, Committee action; and case of staff, by the Staff Director or Minor- Chairman of the Committee, and the imme- (iii) staff shall not discuss their private ity Staff Director. A record shall be kept of diate direction of the Staff Director; pro- conversations with members of the Com- all such authorizations. vided, however, that such part of the staff as mittee without specific advance permission (c) Declassification.— is designated Minority Staff, shall be under from the Senator or Senators concerned. (1) All restricted transcripts and classified the general supervision of the Ranking Mem- (2) The staff shall not discuss with anyone Committee reports shall be declassified on a ber and under the immediate direction of the the proceedings of the Committee in closed date twelve years after their origination un- Minority Staff Director. session or reveal information conveyed or less the Committee by majority vote decides (2) Any member of the Committee should discussed in such a session unless that per- against such declassification, and provided feel free to call upon the staff at any time son would have been permitted to attend the that the executive departments involved and for assistance in connection with Committee session itself, or unless such communication all former Committee members who partici- business. Members of the Senate not mem- is specifically authorized by the Staff Direc- pated directly in the sessions or reports con- bers of the Committee who call upon the tor or Minority Staff Director. Unauthorized cerned have been consulted in advance and staff for assistance from time to time should disclosure of information from a closed ses- given a reasonable opportunity to raise ob- be given assistance subject to the overriding sion or of classified information shall be jections to such declassification. responsibility of the staff to the Committee. cause for immediate dismissal and may, in (2) Any transcript or classified Committee (3) The staff’s primary responsibility is report, or any portion thereof, may be de- the case of some kinds of information, be with respect to bills, resolutions, treaties, grounds for criminal prosecution. classified fewer than twelve years after their and nominations. origination if: In addition to carrying out assignments RULE 15—STATUS AND AMENDMENT OF RULES (i) the Chairman originates such action or from the Committee and its individual mem- (a) Status.—In addition to the foregoing, receives a written request for such action, bers, the staff has a responsibility to origi- the Committee on Foreign Relations is gov- and notifies the other members of the Com- nate suggestions for Committee or sub- erned by the Standing Rules of the Senate mittee; committee consideration. The staff also has which shall take precedence in the event of (ii) the Chairman, Ranking Member, and a responsibility to make suggestions to indi- a clear inconsistency. In addition, the juris- each member or former member who partici- vidual members regarding matters of special diction and responsibilities of the Com- pated directly in such meeting or report give interest to such members. mittee with respect to certain matters, as their approval, except that the Committee (4) It is part of the staff’s duty to keep well as the timing and procedure for their by majority vote may overrule any objec- itself as well informed as possible in regard consideration in Committee, may be gov- tions thereby raised to early declassifica- to developments affecting foreign relations erned by statute. tion; and and in regard to the administration of for- (b) Amendment.—These Rules may be modi- (iii) the executive departments and all eign programs of the United States. Signifi- fied, amended, or repealed by a majority of former Committee members are consulted in cant trends or developments which might the Committee, provided that a notice in advance and have a reasonable opportunity otherwise escape notice should be called to writing of the proposed change has been to object to early declassification. the attention of the Committee, or of indi- given to each member at least 48 hours prior RULE 13—CLASSIFIED MATERIAL vidual Senators with particular interests. to the meeting at which action thereon is to (a) All classified material received or (5) The staff shall pay due regard to the be taken. However, Rules of the Committee originated by the Committee shall be logged constitutional separation of powers between which are based upon Senate Rules may not in at the Committee’s offices in the Dirksen the Senate and the executive branch. It be superseded by Committee vote alone.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00028 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.000 S26FE1 2232 CONGRESSIONAL RECORD—SENATE February 26, 2001 RULES OF THE SELECT (B) the determinations and recommenda- ployee, which shall not be subject to appeal COMMITTEE ON ETHICS tions of the Select Committee with respect to the Senate; to any preliminary inquiry or adjudicatory (5) recommend to the Senate, by report or Mr. ROBERTS. Mr. President, in ac- review described in subparagraph (A). For resolution, such additional rules or regula- cordance with rule XXVI(2) of the purposes of this paragraph, a member of the tions as the Select Committee shall deter- Standing Rules of the Senate, I ask Select Committee and an officer of the Sen- mine to be necessary or desirable to insure unanimous consent that the Rules of ate shall be deemed to supervise any officer proper standards of conduct by Members of Procedure of the Select Committee on or employee consistent with the provisions the Senate, and by officers or employees of Ethics for the 107th Congress, which of paragraph 12 of rule XXXVII of the Stand- the Senate, in the performance of their du- were adopted February 23, 1978, and re- ing Rules of the Senate. ties and the discharge of their responsibil- (2) A member of the Select Committee ities; vised November 1999, be printed in the may, at the discretion of the member, dis- (6) by a majority vote of the full com- CONGRESSIONAL RECORD. qualify himself or herself from participating mittee, report violations of any law, includ- There being no objection, the mate- in any preliminary inquiry or adjudicatory ing the provision of false information to the rial was ordered to be printed in the review pending before the Select Committee Select Committee, to the proper Federal and RECORD, as follows: and the determinations and recommenda- State authorities; and (7) develop and implement programs and SELECT COMMITTEE ON ETHICS JURISDICTION tions of the Select Committee with respect materials designed to educate Members, offi- AND AUTHORITY, S. RES. 338, 88TH CONG., 2D to any such preliminary inquiry or adjudica- cers, and employees about the laws, rules, SESS. (1964) tory review. Notice of such disqualification regulations, and standards of conduct appli- Resolved, That (a) is hereby established a shall be given in writing to the President of the Senate. cable to such individuals in the performance permanent select committee of the Senate to of their duties. be known as the Select Committee on Ethics (3) Whenever any member of the Select Committee is ineligible under paragraph (1) (b) For the purposes of this resolution— (referred to hereinafter as the ‘‘Select Com- (1) the term ‘‘sworn complaint’’ means a mittee’’) consisting of six Members of the to participate in any preliminary inquiry or adjudicatory review or disqualified himself written statement of facts, submitted under Senate, of whom three shall be selected from penalty of perjury, within the personal Members of the majority party and three or herself under paragraph (2) from participating in any preliminary inquiry or adju- knowledge of the complainant alleging a vio- shall be selected from Members of the minor- lation of law, the Senate Code of Official ity party. Members thereof shall be ap- dicatory review, another Senator shall, subject to the provisions of subsection (d), be Conduct, or any other rule or regulation of pointed by the Senate in accordance with the the Senate relating to the conduct of indi- provisions of Paragraph 1 of Rule XXIV of appointed to serve as a member of the Select Committee solely for purposes of such pre- viduals in the performance of their duties as the Standing Rules of the Senate at the be- Members, officers, or employees of the Sen- ginning of each Congress. For purposes of liminary inquiry or adjudicatory review and the determinations and recommendations of ate; paragraph 4 of Rule XXV of the Standing (2) the term ‘‘preliminary inquiry’’ means the Select Committee with respect to such Rules of the Senate, service of a Senator as a proceeding undertaken by the Select Com- preliminary inquiry or adjudicatory review. a Member or chairman of the Select Com- mittee following the receipt of a complaint Any Member of the Senate appointed for mittee shall not be taken into account. or allegation of, or information about, mis- such purposes shall be of the same party as (b) Vacancies in the Membership of the Se- conduct by a Member, officer, or employee of the Member who is ineligible or disqualified lect Committee shall not affect the author- the Senate to determine whether there is himself or herself. ity of the remaining Members to execute the substantial credible evidence which provides SEC. 2. (a) It shall be the duty of the Select functions of the committee, and shall be substantial cause for the Select Committee Committee to— filled in the same manner as original ap- to conclude that a violation within the juris- (1) receive complaints and investigate alle- pointments thereto are made. diction of the Select Committee has oc- gations of improper conduct which may re- (c)(1) A majority of the members of the Se- curred; and flect upon the Senate, violations of law, vio- lect Committee shall constitute a quorum (3) the term ‘‘adjudicatory review’’ means lations of the Senate Code of Official Con- for the transaction of business involving a proceeding undertaken by the Select Com- duct and violations of rules and regulations complaints or allegations of, or information mittee after a finding, on the basis of a pre- of the Senate, relating to the conduct of in- about, misconduct, including resulting preliminary inquiry, that there is substantial dividuals in the performance of their duties liminary inquiries, adjudicatory reviews, credible evidence which provides substantial as Members of the Senate, or as officers or recommendations or reports, and matters re- cause for the Select Committee to conclude employees of the Senate, and to make appro- lating to Senate Resolution 400, agreed to that a violation within the jurisdiction of priate findings of fact and conclusions with May 19, 1976. the Select Committee has occurred. (2) Three Members shall constitute a respect thereto; (c)(1) No— quorum for the transaction of routine busi- (2)(A) recommend to the Senate by report (A) adjudicatory review of conduct of a ness of the Select Committee not covered by or resolution by a majority vote of the full Member or officer of the Senate may be con- the first paragraph of this subparagraph, in- committee disciplinary action to be taken ducted; cluding requests for opinions and interpreta- with respect to such violations which the Se- (B) report, resolution, or recommendation tions concerning the Code of Official Con- lect Committee shall determine, after ac- relating to such a adjudicatory review of duct or any other statute or regulation cording to the individual concerned due no- conduct may be made; and under the jurisdiction of the Select Com- tice and opportunity for a hearing, to have (C) letter of admonition pursuant to sub- mittee, if one Member of the quorum is a occurred; section (d)(3) may be issued, unless approved Member of the Majority Party and one Mem- (B) pursuant to subparagraph (A) rec- by the affirmative recorded vote of not fewer ber of the quorum is a Member of the minor- ommend discipline, including— than 4 members of the Select Committee. ity Party. During the transaction of routine (i) in the case of a Member, a recommenda- (2) No other resolution, report, rec- business any Member of the Select Com- tion to the Senate for expulsion, censure, ommendation, interpretative ruling, or advi- mittee constituting the quorum shall have payment of restitution, recommendation to sory opinion may be made without an affirm- the right to postpone further discussion of a a Member’s party conference regarding the ative vote of a majority of the Members of pending matter until such time as a major- Member’s seniority or positions of responsi- the Select Committee voting. ity of the Members of the Select Committee bility, or a combination of these; and (d)(1) When the Select Committee receives are present. (ii) in the case of an officer or employee, a sworn complaint or other allegation or in- (3) The Select Committee may fix a lesser dismissal, suspension, payment of restitu- formation about a Member, officer, or em- number as a quorum for the purpose of tak- tion, or a combination of these; and ployee of the Senate, it shall promptly con- ing sworn testimony. (3) subject to the provisions of subsection duct a preliminary inquiry into matters (d)(1) A member of the Select Committee (e), by a unanimous vote of 6 members, order raised by that complaint, allegation, or in- shall be ineligible to participate in— that a Member, officer or employee be rep- formation. The preliminary inquiry shall be (A) any preliminary inquiry or adjudica- rimanded or pay restitution, or both, if the of a duration and scope necessary to deter- tory review relating to— Select Committee determines, after accord- mine whether there is substantial credible (i) the conduct of— ing to the Member, officer, or employee due evidence which provides substantial cause (I) such member; notice and opportunity for a hearing, that for the Select Committee to conclude that a (II) any officer or employee the member misconduct occurred warranting discipline violation within the jurisdiction of the Se- supervises; or less serious than discipline by the full Sen- lect Committee has occurred. The Select (III) any employee of any officer the mem- ate; Committee may delegate to the chairman ber supervises; or (4) in the circumstances described in sub- and vice chairman the discretion to deter- (ii) any complaint filed by the member, section (d)(3), issue a public or private letter mine the appropriate duration, scope, and and of admonition to a member, officer, or em- conduct of a preliminary inquiry.

VerDate jul 14 2003 13:17 Feb 15, 2005 Jkt 039102 PO 00000 Frm 00029 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2233 (2) If, as a result of a preliminary inquiry leged violation occurred while such rule or necessary to implement the Senate Code of under paragraph (1), the Select Committee law was in effect and the violation was not a Official Conduct. determines by a recorded vote that there is matter resolved on the merits by the prede- (2) The Select Committee is authorized to not such substantial credible evidence, the cessor Select Committee. issue interpretative rulings explaining and Select Committee shall dismiss the matter. (h) The Select Committee shall adopt writ- clarifying the application of any law, the The Select Committee may delegate to the ten rule setting forth procedures to be used Code of Official Conduct, or any rules or reg- chairman and vice chairman the authority, in conducting preliminary inquiries and ad- ulation of the Senate within its jurisdiction. on behalf of the Select Committee, to dis- judicatory reviews. (3) The Select Committee shall render an miss any matter that they determine, after a (i) The Select Committee from time to advisory opinion, in writing within a reason- preliminary inquiry, lacks substantial merit. time shall transmit to the Senate its rec- able time, in response to a written request The Select Committee shall inform the indi- ommendation as to any legislative measures by a Member or officer of the Senate or a vidual who provided to the Select Committee which it may consider to be necessary for candidate for nomination for election, or the complaint, allegation, or information, the effective discharge of its duties. election to the Senate, concerning the appli- and the individual who is the subject of the SEC. 3. (a) The Select Committee is author- cation of any law, the Senate Code of Official complaint, allegation, or information, of the ized to (1) make such expenditures; (2) hold Conduct, or any rules or regulation of the dismissal, together with an explanation of such hearings; (3) sit and act at such times Senate within its jurisdiction to a specific the basis for the dismissal. and places during the sessions, recesses, and factual situation pertinent to the conduct or (3) If, as a result of a preliminary inquiry adjournment periods of the Senate; (4) re- proposed conduct of the person seeking the under paragraph (1), the Select Committee quire by subpoena or otherwise the attend- advisory opinion. determines that a violation is inadvertent, ance of such witnesses and the production of (4) The Select Committee may in its dis- technical, or otherwise of a de minimis na- such correspondence, books, papers, and doc- cretion render an advisory opinion in writing ture, the Select Committee may dispose of uments; (5) administer such oaths; (6) take within a reasonable time in response to a the matter by issuing a public or private let- such testimony orally or by deposition; (7) written request by an employee of the Sen- ter of admonition, which shall not be consid- employ and fix the compensation of a staff ate concerning the application of any law, ered discipline. The Select Committee may director, a counsel, an assistant counsel, one the Senate Code of Official Conduct, or any issue a public letter of admonition upon a or more investigators, one or more hearing rule or regulation of the Senate within its similar determination at the conclusion of examiners, and such technical, clerical, and jurisdiction to a specific factual situation an adjudicatory review. other assistants and consultants as it deems pertinent to the conduct or proposed conduct (4) If, as a result of a preliminary inquiry advisable; and (8) to procure the temporary of the person seeking the advisory opinion. under paragraph (1), the Select Committee services (not in excess of one year) or inter- (5) Notwithstanding any provision of the determines that there is such substantial mittent services of individual consultants, or Senate Code of Official Conduct or any rule credible evidence and the matter cannot be organizations thereof, by contract as inde- or regulation of the Senate, any person who appropriately disposed of under paragraph pendent contractors or, in the case of indi- relies upon any provision or finding of an ad- (3), the Select Committee shall promptly ini- viduals, by employment at daily rates of visory opinion in accordance with the provi- tiate an adjudicatory review. Upon the con- compensation not in excess of the per diem sions of paragraphs (3) and (4) and who acts clusion of such adjudicatory review, the Se- equivalent of the highest rate of compensa- in good faith in accordance with the provi- lect Committee shall report to the Senate, as tion which may be paid to a regular em- sions and findings of such advisory opinion soon as practicable, the results of such adju- ployee of the Select Committee. shall not, as a result of any such act, be sub- dicatory review together with its rec- (b)(1) The Select Committee is authorized ject to any sanction by the Senate. ommendations (if any) pursuant to sub- to retain and compensate counsel not em- (6) Any advisory opinion rendered by the section (a)(2). ployed by the Senate (or by any department Select Committee under paragraphs (3) and (e)(1) Any individual who is the subject of or agency of the executive branch of the (4) may be relied upon by (A) any person in- a reprimand or order of restitution, or both, Government) whenever the Select Com- volved in the specific transaction or activity pursuant to subsection (a)(3) may, within 30 mittee determines that the retention of out- with respect to which such advisory opinion days of the Select Committee’s report to the side counsel is necessary or appropriate for is rendered: Provided, however, that the re- Senate on its action imposing a reprimand or any action regarding any complaint or alle- quest for such advisory opinion included a order of restitution, or both, appeal to the gation, which, in the determination of the complete and accurate statement of the spe- Senate by providing written notice of the Select Committee is more appropriately con- cific factual situation; and, (B) any person basis for the appeal to the Select Committee ducted by counsel not employed by the Gov- involved in any specific transaction or activ- and the presiding officer of the Senate. The ernment of the United States as a regular ity which is indistinguishable in all its mate- presiding officer of the Senate shall cause employee. rial aspects from the transaction or activity (2) Any adjudicatory review as defined in the notice of the appeal to be printed in the with respect to which such advisory opinion section 2(b)(3) shall be conducted by outside Congressional Record and the Senate Jour- is rendered. counsel as authorized in paragraph (1), un- nal. (7) Any advisory opinion issued in response less the Select Committee determines not to (2) A motion to proceed to consideration of to a request under paragraph (3) or (4) shall use outside counsel. an appeal pursuant to paragraph (1) shall be be printed in the Congressional Record with (c) With the prior consent of the depart- highly privileged and not debatable. If the appropriate deletions to assure the privacy ment or agency concerned, the Select Com- motion to proceed to consideration of the ap- of the individual concerned. The Select Com- mittee may (1) utilize the services, informa- peal is agreed to, the appeal shall be decided mittee shall, to the extent practicable, be- tion and facilities of any such department or on the basis of the Select Committee’s report fore rendering an advisory opinion, provide agency of the Government, and (2) employ on to the Senate. Debate on the appeal shall be any interested party with an opportunity to a reimbursable basis or otherwise the serv- limited to 10 hours, which shall be divided transmit written comments to the Select ices of such personnel of any such depart- equally between, and controlled by, those fa- Committee with respect to the request for ment or agency as it deems advisable. With voring and those opposing the appeal. such advisory opinion. The advisory opinions the consent of any other committee of the (f) The Select Committee may, in its dis- issued by the select Committee shall be com- Senate, or any subcommittee thereof, the cretion, employ hearing examiners to hear piled, indexed, reproduced, and made avail- Select Committee may utilize the facilities testimony and make findings of fact and/or able on a periodic basis. and services of the staff of such other com- recommendations to the Select Committee (8) A brief description of a waiver granted mittee or subcommittee whenever the chair- concerning the disposition of complaints. under paragraph 2(c) [NOTE: Now Paragraph man of the Select Committee determines (g) Notwithstanding any other provision of 1] of Rule XXXIV or paragraph 1 of Rule that such action is necessary and appro- this section, no adjudicatory review shall be XXXV of the Standing Rules of the Senate priate. initiated of any alleged violation of any law, (d)(1) Subpoenas may be authorized by— shall be made available upon request in the the Senate Code of Official Conduct, rule, or (A) the Select Committee; or select Committee office with appropriate deregulation which was not in effect at the (B) the chairman and vice chairman, act- letions to assure the privacy of the indi- time the alleged violation occurred. No pro- ing jointly. vidual concerned. visions of the Senate Code of Official Con- (2) Any such subpoena shall be issued and SEC. 4. The expenses of the Select Com- duct shall apply to or require disclosure of signed by the chairman and the vice chair- mittee under this resolution shall be paid any act, relationship, or transaction which man and may be served by any person des- from the contingent fund of the Senate upon occurred prior to the effective date of the ap- ignated by the chairman and vice chairman. vouchers approved by the chairman of the plicable provision of the Code. The Select (3) The chairman or any member of the Se- Select Committee. Committee may initiate an adjudicatory re- lect Committee may administer oaths to SEC. 5. As used in this resolution, the term view of any alleged violation of a rule or law witnesses. ‘‘officer or employee of the Senate’’ means— which was in effect prior to the enactment of (e)(1) The Select Committee shall prescribe (1) an elected officer of the Senate who is the Senate Code of Official Conduct if the al- and publish such regulations as it feels are not a Member of the Senate;

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00030 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 2234 CONGRESSIONAL RECORD—SENATE February 26, 2001 (2) an employee of the Senate, any com- business of the Select Committee not cov- (2) All testimony and action relating to a mittee or subcommittee of the Senate, or ered by the first subparagraph of this para- complaint or allegation shall be kept secret any Member of the Senate; graph, including requests for opinions and and shall not be released by the Committee (3) the legislative Counsel of the Senate or interpretations concerning the Code of Offi- to any individual or group, whether govern- any employee of his office; cial Conduct or any other statute or regula- mental or private, except the respondent, (4) an Official Reporter of Debates of the tion under the jurisdiction of the Select without the approval of a majority of the Senate and any person employed by the Offi- Committee, if one member of the quorum is Committee, until such time as a report to cial Reporters of Debates of the Senate in a Member of the Majority Party and one the Senate is required under Senate Resolu- connection with the performance of their of- member of the quorum is a Member of the tion 338, 88th Congress, as amended, or unless ficial duties; Minority Party. During the transaction of otherwise permitted under these Rules. (See (5) a Member of the Capitol Police force routine business any member of the Select Rule 8 on Procedures for Handling Com- whose compensation is disbursed by the Sec- Committee constituting the quorum shall mittee Sensitive and Classified Materials.) retary of the Senate; have the right to postpone further discussion (j) Release of Reports to Public: No infor- (6) an employee of the Vice President if of a pending matter until such time as a ma- mation pertaining to, or copies of any Com- such employee’s compensation is disbursed jority of the members of the Select Com- mittee report, study, or other document by the Secretary of the Senate; and mittee are present. which purports to express the view, findings, (7) an employee of a joint committee of the (3) Except for an adjudicatory review hear- conclusions or recommendations of the Com- Congress whose compensation is disbursed by ing under Rule 5 and any deposition taken mittee in connection with any of its activi- the Secretary of the Senate. outside the presence of a Member under Rule ties or proceedings may be released to any PART II: SUPPLEMENTARY PROCEDURAL RULES 6, one Member shall constitute a quorum for individual or group whether governmental or RULE 1. GENERAL PROCEDURES hearing testimony, provided that all Mem- private, without the authorization of the (a) Officers: In the absence of the Chair- bers have been given notice of the hearing Committee. Whenever the Chairman or Vice man, the duties of the Chair shall be filled by and the Chairman has designated a Member Chairman is authorized to make any deter- the Vice Chairman or, in the Vice Chair- of the Majority Party and the Vice Chairman mination, then the determination may be re- man’s absence, a Committee member des- has designated a Member of the Minority leased at his or her discretion. Each member ignated by the Chairman. Party to be in attendance, either of whom in of the Committee shall be given a reasonable (b) Procedural Rules: The basic procedural the absence of the other may constitute the opportunity to have separate views included rules of the Committee are stated as a part quorum. as part of any Committee report. (See Rule 8 of the Standing Orders of the Senate in Sen- (e) Order of Business: Questions as to the on Procedures for Handling Committee Sen- ate Resolution 338, 88th Congress, as amend- order of business and the procedure of the sitive and Classified Materials.) ed, as well as other resolutions and laws. Committee shall in the first instance be de- (k) Ineligibility or Disqualification of Supplementary Procedural Rules are stated cided by the Chairman and Vice Chairman, Members and Staff: herein and are hereinafter referred to as the subject to reversal by a vote by a majority of (1) A member of the Committee shall be in- Rules. The Rules shall be published in the the Committee. eligible to participate in any Committee pro- Congressional Record not later than thirty (f) Hearings Announcements: The Com- ceeding that relates specifically to any of days after adoption, and copies shall be made mittee shall make public announcement of the following: available by the Committee office upon re- the date, place and subject matter of any (A) a preliminary inquiry or adjudicatory quest. hearing to be conducted by it at least one review relating to (i) the conduct of (I) such (c) Meetings: week before the commencement of that hear- member; (II) any officer or employee the (1) The regular meeting of the Committee ing, and shall publish such announcement in member supervises; or (ii) any complaint shall be the first Thursday of each month the Congressional Record. If the Committee filed by the member; and while the Congress is in session. determines that there is good cause to com- (B) the determinations and recommenda- (2) Special meetings may be held at the mence a hearing at an earlier date, such no- tions of the Committee with respect to any call of the Chairman or Vice Chairman if at tice will be given at the earliest possible preliminary inquiry or adjudicatory review least forty-eight hours notice is furnished to time. described in subparagraph (A). all members. If all members agree, a special (g) Open and Closed Committee Meetings: For purposes of this paragraph, a member meeting may be held on less than forty-eight Meetings of the Committee shall be open to of the committee and an officer of the Sen- hours notice. (3)(A) If any member of the Committee de- the public or closed to the public (executive ate shall be deemed to supervise any officer sires that a special meeting of the Com- session), as determined under the provisions or employee consistent with the provision of mittee be called, the member may file in the of paragraphs 5 (b) to (d) of Rule XXVI of the paragraph 12 of rule XXXVII of the Standing office of the Committee a written request to Standing Rules of the Senate. Executive ses- Rules of the Senate. the Chairman or Vice Chairman for that spe- sion meetings of the Committee shall be (2) If any Committee proceeding appears to cial meeting. closed except to the members and the staff of relate to a member of the Committee in a (B) Immediately upon the filing of the re- the Committee. On the motion of any mem- manner described in subparagraph (1) of this quest the Clerk of the Committee shall no- ber, and with the approval of a majority of paragraph, the staff shall prepare a report to tify the Chairman and Vice Chairman of the the Committee members present, other indi- the Chairman and Vice Chairman. If either filing of the request. If, within three cal- viduals may be admitted to an executive ses- the Chairman or the Vice Chairman con- endar days after the filing of the request, the sion meeting for a specific period or purpose. cludes from the report that it appears that Chairman or the Vice Chairman does not call (h) Record of Testimony and Committee the member may be ineligible, the member the requested special meeting, to be held Action: An accurate stenographic or tran- shall be notified in writing of the nature of within seven calendar days after the filing of scribed electronic record shall be kept of all the particular proceeding and the reason the request, any three of the members of the Committee proceedings, whether in execu- that it appears that the member may be in- Committee may file their written notice in tive or public session. Such record shall ineligible to participate in it. If the member the office of the Committee that a special clude Senators’ votes on any question on agrees that he or she is ineligible, the mem- meeting of the Committee will be held at a which a recorded vote is held. The record of ber shall so notify the Chairman or Vice specified date and hour; such special meeting a witness’s testimony, whether in public or Chairman. If the member believes that he or may not occur until forty-eight hours after executive session, shall be made available for she is not ineligible, he or she may explain the notice is filed. The Clerk shall imme- inspection to the witness or his counsel the reasons to the Chairman and Vice Chair- diately notify all members of the Committee under Committee supervision; a copy of any man, and if they both agree that the member of the date and hour of the special meeting. testimony given by that witness in public is not ineligible, the member shall continue The Committee shall meet at the specified session, or that part of the testimony given to serve. But if either the Chairman or Vice date and hour. by the witness in executive session and sub- Chairman continues to believe that the (d) Quorum: sequently quoted or made part of the record member is ineligible, while the member be- (1) A majority of the members of the Select in a public session shall be made available to lieves that he or she is not ineligible, the Committee shall constitute a quorum for the any witness if he so requests. (See Rule 5 on matter shall be promptly referred to the transaction of business involving complaints Procedures for Conducting Hearings.) Committee. The member shall present his or or allegations of, or information about, mis- (i) Secrecy of Executive Testimony and Ac- her arguments to the Committee in execu- conduct, including resulting preliminary in- tion and of Complaint Proceedings: tive session. Any contested questions con- quiries, adjudicatory reviews, recommenda- (1) All testimony and action taken in exec- cerning a member’s eligibility shall be de- tions or reports, and matters relating to utive session shall be kept secret and shall cided by a majority vote of the Committee, Senate Resolution 400, agreed to May 19, not be released outside the Committee to meeting in executive session, with the mem- 1976. any individual or group, whether govern- ber in question not participating. (2) Three members shall constitute a mental or private, without the approval of a (3) A member of the Committee may, at quorum for the transaction of the routine majority of the Committee. the discretion of the member, disqualify

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00031 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2235 himself or herself from participating in any are authorized to approve or disapprove blind taken by the Committee following the re- preliminary inquiry or adjudicatory review trusts under the provision of Rule XXXIV. ceipt of a complaint or allegation of, or in- pending before the Committee and the deter- (o) Committee Use of Services or Employ- formation about, misconduct by a Member, minations and recommendations of the Com- ees of Other Agencies and Departments: With officer, or employee of the Senate to deter- mittee with respect to any such preliminary the prior consent of the department or agen- mine whether there is substantial credible inquiry or adjudicatory review. cy involved, the Committee may (1) utilize evidence which provides substantial cause (4) Whenever any member of the Com- the services, information, or facilities of any for the Committee to conclude that a viola- mittee is ineligible under paragraph (1) to such department or agency of the Govern- tion within the jurisdiction of the Com- participate in any preliminary inquiry or ad- ment, and (2) employ on a reimbursable basis mittee has occurred. judicatory review, or disqualifies himself or or otherwise the services of such personnel of (b) Basis For Preliminary Inquiry: The herself under paragraph (3) from partici- any such department or agency as it deems Committee shall promptly commence a pre- pating in any preliminary inquiry or adju- advisable. With the consent of any other liminary inquiry whenever it has received a dicatory review, another Senator shall be ap- committee of the Senate, or any sub- sworn complaint, or other allegation of, or pointed by the Senate to serve as a member committee, the Committee may utilize the information about, alleged misconduct or of the Committee solely for purposes of such facilities and the services of the staff of such violations pursuant to Rule 2. other committee or subcommittee whenever preliminary inquiry or adjudicatory review (c) Scope of Preliminary Inquiry: the Chairman and Vice Chairman of the and the determinations and recommenda- (1) The preliminary inquiry shall be of such Committee, acting jointly, determine that tions of the Committee with respect to such duration and scope as is necessary to deter- such action is necessary and appropriate. preliminary inquiry or adjudicatory review. mine whether there is substantial credible Any member of the Senate appointed for RULE 2: PROCEDURES FOR COMPLAINTS, evidence which provides substantial cause such purposes shall be of the same party as ALLEGATIONS, OR INFORMATION for the Committee to conclude that a viola- the member who is ineligible or disqualifies (a) Complaint, Allegation, or Information: tion within the jurisdiction of the Com- himself or herself. Any member or staff member of the Com- mittee has occurred. The Chairman and Vice (5) The President of the Senate shall be mittee shall report to the Committee, and Chairman, acting jointly, on behalf of the given written notice of the ineligibility or any other person may report to the Com- Committee may supervise and determine the disqualification of any member from any mittee, a sworn complaint or other allega- appropriate duration, scope, and conduct of a preliminary inquiry, adjudicatory review, or tion or information, alleging that any Sen- preliminary inquiry. Whether a preliminary other proceeding requiring the appointment ator, or officer, or employee of the Senate inquiry is conducted jointly by the Chairman of another member in accordance with sub- has violated a law, the Senate Code of Offi- and Vice Chairman or by the Committee as paragraph (k)(4). cial Conduct, or any rule or regulation of the a whole, the day to day supervision of a pre- Senate relating to the conduct of any indi- (6) A member of the Committee staff shall liminary inquiry rests with the Chairman vidual in the performance of his or her duty be ineligible to participate in any Com- and Vice Chairman, acting jointly. as a Member, officer, or employee of the Sen- mittee proceeding that the staff director or (2) A preliminary inquiry may include any ate, or has engaged in improper conduct outside counsel determines relates specifi- inquiries, interviews, sworn statements, which may reflect upon the Senate. Such cally to any of the following: complaints or allegations or information depositions, or subpoenas deemed appro- (A) the staff member’s own conduct; may be reported to the Chairman, the Vice priate to obtain information upon which to (B) the conduct of any employee that the Chairman, a Committee member, or a Com- make any determination provided for by this staff member supervises; mittee staff member. Rule. (C) the conduct of any Member, officer or (b) Source of Complaint, Allegation, or In- (d) Opportunity for Response: A prelimi- employee for whom the staff member has formation: Complaints, allegations, and in- nary inquiry may include an opportunity for worked for any substantial period; or formation to be reported to the Committee any known respondent or his or her des- (D) a complaint, sworn or unsworn, that may be obtained from a variety of sources, ignated representative to present either a was filed by the staff member. At the direc- including but not limited to the following: written or oral statement, or to respond tion or with the consent of the staff director (1) sworn complaints, defined as a written orally to questions from the Committee. or outside counsel, a staff member may also statement of facts, submitted under penalty Such an oral statement or answers shall be be disqualified from participating in a Com- of perjury, within the personal knowledge of transcribed and signed by the person pro- mittee proceeding in other circumstances the complainant alleging a violation of law, viding the statement or answers. not listed above. the Senate Code of Official Conduct, or any (e) Status Reports: The Committee staff or (l) Recorded Votes: Any member may re- other rule or regulation of the Senate relat- outside counsel shall periodically report to quire a recorded vote on any matter. ing to the conduct of individuals in the per- the Committee in the form and according to (m) Proxies; Recording Votes of Absent formance of their duties as members, offi- the schedule prescribed by the Committee. Members: cers, or employees of the Senate; The reports shall be confidential. (1) Proxy voting shall not be allowed when (2) anonymous or informal complaints; (f) Final Report: When the preliminary in- the question before the Committee is the ini- (3) information developed during a study or quiry is completed, the staff or outside coun- tiation or continuation of a preliminary in- inquiry by the Committee or other commit- sel shall make a confidential report, oral or quiry or an adjudicatory review, or the tees or subcommittees of the Senate, includ- written, to the Committee on findings and issuance of a report or recommendation re- ing information obtained in connection with recommendations, as appropriate. lated thereto concerning a Member or officer legislative or general oversight hearings; (g) Committee Action: As soon as prac- (4) information reported by the news of the Senate. In any such case an absent ticable following submission of the report on media; or member’s vote may be announced solely for (5) information obtained from any indi- the preliminary inquiry, the Committee the purpose of recording the member’s posi- vidual, agency or department of the execu- shall determine by a recorded vote whether tion and such announced votes shall not be tive branch of the Federal Government. there is substantial credible evidence which counted for or against the motion. (c) Form and Content of Complaints: A provides substantial cause for the Com- (2) On matters other than matters listed in complaint need not be sworn nor must it be mittee to conclude that a violation within paragraph (m)(1) above, the Committee may in any particular form to receive Committee the jurisdiction of the Committee has oc- order that the record be held open for the consideration, but the preferred complaint curred. The Committee may make any of the vote of absentees or recorded proxy votes if will: following determinations: the absent Committee member has been in- (1) state, whenever possible, the name, ad- (1) The Committee may determine that formed of the matter on which the vote oc- dress, and telephone number of the party fil- there is not such substantial credible evi- curs and has affirmatively requested the ing the complaint; dence and, in such case, the Committee shall Chairman or Vice Chairman in writing that (2) provide the name of each member, offi- dismiss the matter. The Committee, or he be so recorded. cer or employee of the Senate who is specifi- Chairman and Vice Chairman acting jointly (3) All proxies shall be in writing, and shall cally alleged to have engaged in improper on behalf of the Committee, may dismiss any be delivered to the Chairman or Vice Chair- conduct or committed a violation; matter which, after a preliminary inquiry, is man to be recorded. (3) state the nature of the alleged improper determined to lack substantial merit. The (4) Proxies shall not be considered for the conduct or violation; Committee shall inform the complainant of purpose of establishing a quorum. (4) supply all documents in the possession the dismissal. (n) Approval of Blind Trusts Between Ses- of the party filing the complaint relevant to (2) The Committee may determine that sions and During Extended Recesses: During or in support of his or her allegations as an there is such substantial credible evidence, any period in which the Senate stands in ad- attachment to the complaint. but that the alleged violation is inadvertent, journment between sessions of the Congress RULE 3: PROCEDURES FOR CONDUCTING A technical, or otherwise of a deminimis na- or stands in a recess scheduled to extend be- PRELIMINARY INQUIRY ture. In such case, the Committee may dis- yond fourteen days, the Chairman and Vice (a) Definition of Preliminary Inquiry: A pose of the matter by issuing a public or pri- Chairman, or their designees, acting jointly, ‘‘preliminary inquiry’’ is a proceeding under- vate letter of admonition, which shall not be

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00032 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 2236 CONGRESSIONAL RECORD—SENATE February 26, 2001 considered discipline and which shall not be report whether or not disciplinary action is order of restitution, or both, appeal to the subject to appeal to the Senate. The issuance recommended. Senate by providing written notice of the ap- of a letter of admonition must be approved (g) Committee Action: peal to the Committee and the presiding offi- by the affirmative recorded vote of no fewer (1) As soon as practicable following sub- cer of the Senate. The presiding officer shall than four members of the Committee voting. mission of the report of the staff or outside cause the notice of the appeal to be printed (3) The Committee may determine that counsel on the adjudicatory review, the Com- in the Congressional Record and the Senate there is such substantial credible evidence mittee shall prepare and submit a report to Journal. and that the matter cannot be appropriately the Senate, including a recommendation or (2) S. Res. 338 provides that a motion to disposed of under paragraph (2). In such case, proposed resolution to the Senate concerning proceed to consideration of an appeal pursu- the Committee shall promptly initiate an disciplinary action, if appropriate. A report ant to paragraph (1) shall be highly privi- adjudicatory review in accordance with Rule shall be issued, stating in detail the Commit- leged and not debatable. If the motion to 4. No adjudicatory review of conduct of a tee’s findings of fact, whether or not discipli- proceed to consideration of the appeal is Member, officer, or employee of the Senate nary action is recommended. The report agreed to, the appeal shall be decided on the may be initiated except by the affirmative shall also explain fully the reasons under- basis of the Committee’s report to the Sen- recorded vote of not less than four members lying the Committee’s recommendation con- ate. Debate on the appeal shall be limited to of the Committee. cerning disciplinary action, if any. No adju- 10 hours, which shall be divided equally between, and controlled by, those favoring and RULE 4: PROCEDURES FOR CONDUCTING AN dicatory review of conduct of a Member, offi- those opposing the appeal. ADJUDICATORY REVIEW cer or employee of the Senate may be con- RULE 5: PROCEDURES FOR HEARINGS (a) Definition of Adjudicatory Review: An ducted, or report or resolution or rec- ‘‘adjudicatory review’’ is a proceeding under- ommendation relating to such an adjudica- (a) Right to Hearing: The Committee may taken by the Committee after a finding, on tory review of conduct may be made, except hold a public or executive hearing in any the basis of a preliminary inquiry, that there by the affirmative recorded vote of not less preliminary inquiry, adjudicatory review, or is substantial cause for the Committee to than four members of the Committee. other proceeding. The Committee shall ac- conclude that a violation within the jurisdic- (2) Pursuant to S. Res. 338, as amended, cord a respondent an opportunity for a hear- tion of the Committee has occurred. section 2 (a), subsections (2), (3), & (4), after ing before it recommends disciplinary action (b) Scope of Adjudicatory Review: When receipt of the report prescribed by paragraph against that respondent to the Senate or be- the Committee decides to conduct an adju- (f) of this rule, the Committee may make fore it imposes on order of restitution or rep- dicatory review, it shall be of such duration any of the following recommendations for rimand. (See Rule 4(d)). (b) Non-Public Hearings: The Committee and scope as is necessary for the Committee disciplinary action or issue an order for rep- may at any time during a hearing determine to determine whether a violation within its rimand or restitution, as follows: in accordance with paragraph 5(b) of Rule jurisdiction has occurred. An adjudicatory (i) In the case of a Member, a recommenda- XXVI of the Standing Rules of the Senate review shall be conducted by outside counsel tion to the Senate for expulsion, censure, whether to receive the testimony of specific as authorized by section 3(b)(1) of Senate payment of restitution, recommendation to witnesses in executive session. If a witness Resolution 338 unless the Committee deter- a Member’s party conference regarding the desires to express a preference for testifying mines not to use outside counsel. In the Member’s seniority or positions of responsi- in public or in executive session, he or she course of the adjudicatory review, designated bility, or a combination of these; shall so notify the Committee at least five outside counsel, or if the Committee deter- (ii) In the case of an officer or employee, a recommendation to the Senate of dismissal, days before he or she is scheduled to testify. mines not to use outside counsel, the Com- (c) Adjudicatory Hearings: The Committee mittee or its staff, may conduct any inquir- suspension, payment of restitution, or a combination of these; may, by the recorded vote of not less than ies or interviews, take sworn statements, use four members of the Committee, designate (iii) In the case where the Committee de- compulsory process as described in Rule 6, or any public or executive hearing as an adju- termines, after according to the Member, of- take any other actions that the Committee dicatory hearing; and any hearing which is ficer, or employee due notice and oppor- deems appropriate to secure the evidence concerned with possible disciplinary action tunity for a hearing, that misconduct oc- necessary to make a determination. against a respondent or respondents des- curred warranting discipline less serious (c) Notice to Respondent: The Committee ignated by the Committee shall be an adju- than discipline by the full Senate, and sub- shall give written notice to any known re- dicatory hearing. In any adjudicatory hear- ject to the provisions of paragraph (h) of this spondent who is the subject of an adjudica- ing, the procedures described in paragraph (j) rule relating to appeal, by a unanimous vote tory review. The notice shall be sent to the shall apply. respondent no later than five working days of six members order that a Member, officer (d) Subpoena Power: The Committee may after the Committee has voted to conduct an or employee be reprimanded or pay restitu- require, by subpoena or otherwise, the at- adjudicatory review. The notice shall include tion or both; tendance and testimony of such witnesses a statement of the nature of the possible vio- (iv) In the case where the Committee de- and the production of such correspondence, lation, and description of the evidence indi- termines that misconduct is inadvertent, books, papers, documents or other articles as cating that a possible violation occurred. technical, or otherwise of a de minimis na- it deems advisable. (See Rule 6.) The Committee may offer the respondent an ture, issue a public or private letter of admo- (e) Notice of Hearings: The Committee opportunity to present a statement, orally nition to a Member, officer or employee, shall make public an announcement of the or in writing, or to respond to questions which shall not be subject to appeal to the date, place, and subject matter of any hear- from members of the Committee, the Com- Senate. ing to be conducted by it, in accordance with mittee staff, or outside counsel. (3) In the case where the Committee deter- Rule 1(f). (d) Right to a Hearing: The Committee mines, upon consideration of all the evi- (f) Presiding Officer: The Chairman shall shall accord a respondent an opportunity for dence, that the facts do not warrant a find- preside over the hearings, or in his absence a hearing before it recommends disciplinary ing that there is substantial credible evi- the Vice Chairman. If the Vice Chairman is action against that respondent to the Senate dence which provides substantial cause for also absent, a Committee member designated or before it imposes an order of restitution the Committee to conclude that a violation by the Chairman shall preside. If an oath or or reprimand (not requiring discipline by the within the jurisdiction of the Committee has affirmation is required, it shall be adminis- full Senate). occurred, the Committee may dismiss the tered to a witness by the Presiding Officer, (e) Progress Reports to Committee: The matter. or in his absence, by any Committee mem- Committee staff or outside counsel shall pe- (4) Promptly, after the conclusion of the ber. riodically report to the Committee con- adjudicatory review, the Committee’s report (g) Witnesses: (1) A subpoena or other re- cerning the progress of the adjudicatory re- and recommendation, if any, shall be for- quest to testify shall be served on a witness view. Such reports shall be delivered to the warded to the Secretary of the Senate, and a sufficiently in advance of his or her sched- Committee in the form and according to the copy shall be provided to the complainant uled appearance to allow the witness a rea- schedule prescribed by the Committee, and and the respondent. The full report and rec- sonable period of time, as determined by the shall be confidential. ommendation, if any, shall be printed and Committee, to prepare for the hearing and to (f) Final Report of Adjudicatory Review to made public, unless the Committee deter- employ counsel if desired. Committee: Upon completion of an adjudica- mines by the recorded vote of not less than (2) The Committee may, by recorded vote tory review, including any hearings held pur- four members of the Committee that it of not less than four members of the Com- suant to Rule 5, the outside counsel or the should remain confidential. mittee, rule that no member of the Com- staff shall submit a confidential written re- (h) Right of Appeal: mittee or staff or outside counsel shall make port to the Committee, which shall detail (1) Any individual who is the subject of a public the name of any witness subpoenaed the factual findings of the adjudicatory re- reprimand or order of restitution, or both, by the Committee before the date of that view and which may recommend disciplinary pursuant to subsection (g)(2)(iii), may, with- witness’s scheduled appearance, except as action, if appropriate. Findings of fact of the in 30 days of the Committee’s report to the specifically authorized by the Chairman and adjudicatory review shall be detailed in this Senate of its action imposing a reprimand or Vice Chairman, acting jointly.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00033 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2237 (3) Any witness desiring to read a prepared be permitted to advise the witness of his or ecutive hearings. Any member of the Com- or written statement in executive or public her legal rights during the testimony. mittee, Committee staff member, outside hearings shall file a copy of such statement (5) Right to cross-examine and call wit- counsel retained by the Committee, or wit- with the Committee at least two working nesses: ness may examine a copy of the transcript days in advance of the hearing at which the (A) In adjudicatory hearings, any respond- retained by the Committee of his or her own statement is to be presented. The Chairman ent and any other person who obtains the remarks and may suggest to the official re- and Vice Chairman shall determine whether permission of the Committee, may person- porter any typographical or transcription er- such statements may be read or placed in the ally or through counsel cross-examine wit- rors. If the reporter declines to make the re- record of the hearing. nesses called by the Committee and may call quested corrections, the member, staff mem- (4) Insofar as practicable, each witness witnesses in his or her own behalf. ber, outside counsel or witness may request shall be permitted to present a brief oral (B) A respondent may apply to the Com- a ruling by the Chairman and Vice Chairman opening statement, if he or she desires to do mittee for the issuance of subpoenas for the acting jointly. Any member or witness shall so. appearance of witnesses or the production of return the transcript with suggested correc- (h) Right To Testify: Any person whose documents on his or her behalf. An applications to the Committee offices within five name is mentioned or who is specifically tion shall be approved upon a concise show- working days after receipt of the transcript, identified or otherwise referred to in testi- ing by the respondent that the proposed tes- or as soon thereafter as is practicable. If the mony or in statements made by a Committee timony or evidence is relevant and appro- testimony was given in executive session, member, staff member or outside counsel, or priate, as determined by the Chairman and the member or witness may only inspect the any witness, and who reasonably believes Vice Chairman. transcript at a location determined by the that the statement tends to adversely affect (C) With respect to witnesses called by a Chairman and Vice Chairman, acting jointly. his or her reputation may— respondent, or other individual given permis- Any questions arising with respect to the (1) Request to appear personally before the sion by the Committee, each such witness processing and correction of transcripts shall Committee to testify in his or her own be- shall first be examined by the party who be decided by the Chairman and Vice Chair- half; or called the witness or by that party’s counsel. man, acting jointly. (2) File a sworn statement of facts relevant (D) At least one working day before a (2) Except for the record of a hearing which to the testimony or other evidence or state- witness’s scheduled appearance, a witness or is closed to the public, each transcript shall ment of which he or she complained. Such a witness’s counsel may submit to the Com- be printed as soon as is practicable after re- request and such statement shall be sub- mittee written questions proposed to be ceipt of the corrected version. The Chairman mitted to the Committee for its consider- asked of that witness. If the Committee de- and Vice Chairman, acting jointly, may ation and action. termines that it is necessary, such questions order the transcript of a hearing to be print- (i) Conduct of Witnesses and Other may be asked by any member of the Com- ed without the corrections of a member or Attendees: The Presiding Officer may punish mittee, or by any Committee staff member if witness if they determine that such member any breaches of order and decorum by cen- directed by a Committee member. The wit- or witness has been afforded a reasonable sure and exclusion from the hearings. The ness or witness’s counsel may also submit time to correct such transcript and such Committee, by majority vote, may rec- additional sworn testimony for the record transcript has not been returned within such ommend to the Senate that the offender be within twenty-four hours after the last day time. cited for contempt of Congress. that the witness has testified. The insertion (3) The Committee shall furnish each wit- (j) Adjudicatory Hearing Procedures: of such testimony in that day’s record is sub- ness, at no cost, one transcript copy of that (1) Notice of hearings: A copy of the public ject to the approval of the Chairman and witness’s testimony given at a public hear- announcement of an adjudicatory hearing, Vice Chairman acting jointly within five ing. If the testimony was given in executive required by paragraph (e), shall be furnished days after the testimony is received. session, then a transcript copy shall be pro- (6) Admissibility of evidence: vided upon request, subject to appropriate together with a copy of these Rules to all (A) The object of the hearing shall be to as- conditions and restrictions prescribed by the witnesses at the time that they are subpoe- certain the truth. Any evidence that may be Chairman and Vice Chairman. If any indi- naed or otherwise summoned to testify. relevant and probative shall be admissible, vidual violates such conditions and restric- (2) Preparation for adjudicatory hearings: unless privileged under the Federal Rules of tions, the Committee may recommend by (A) At least five working days prior to the Evidence. Rules of evidence shall not be ap- majority vote that he or she be cited for con- commencement of an adjudicatory hearing, plied strictly but the Presiding Officer shall tempt of Congress. the Committee shall provide the following exclude irrelevant or unduly repetitious tes- information and documents to the respond- timony. Objections going only to the weight RULE 6: SUBPOENAS AND DEPOSITIONS ent, if any: that should be given evidence will not justify (a) Subpoenas: (i) a list of proposed witnesses to be called its exclusion. (1) Authorization for issuance: Subpoenas at the hearing; (B) The Presiding Officer shall rule upon for the attendance and testimony of wit- (ii) copies of all documents expected to be any question of the admissibility of testi- nesses at depositions or hearings, and sub- introduced as exhibits at the hearing; and mony or other evidence presented to the poenas for the production of documents and (iii) a brief statement as to the nature of Committee. Such rulings shall be final un- tangible things at depositions, hearings, or the testimony expected to be given by each less reversed or modified by a recorded vote other times and places designated therein, witness to be called at the hearing. of not less than four members of the Com- may be authorized for issuance by either (A) (B) At least two working days prior to the mittee before the recess of that day’s hear- a majority vote of the Committee, or (B) the commencement of an adjudicatory hearing, ings. Chairman and Vice Chairman, acting jointly, the respondent, if any, shall provide the in- (C) Notwithstanding paragraphs (A) and at any time during a preliminary inquiry, formation and documents described in divi- (B), in any matter before the Committee in- adjudicatory review, or other proceeding. sions, (i), (ii) and (iii) of subparagraph (A) to volving allegations of sexual discrimination, (2) Signature and service: All subpoenas the Committee. including sexual harassment, or sexual mis- shall be signed by the Chairman or the Vice (C) At the discretion of the Committee, the conduct, by a Member, officer, or employee, Chairman and may be served by any person information and documents to be exchanged within the jurisdiction of the Committee, eighteen years of age or older, who is des- under this paragraph shall be subject to an the Committee shall be guided by the stand- ignated by the Chairman or Vice Chairman. appropriate agreement limiting access and ards and procedures of Rule 412 of the Fed- Each subpoena shall be served with a copy of disclosure. eral Rules of Evidence, except that the Com- the Rules of the Committee and a brief state- (D) If a respondent refuses to provide the mittee may admit evidence subject to the ment of the purpose of the Committee’s pro- information and documents to the Com- provisions of this paragraph only upon a de- ceeding. mittee (see (A) and (B) of this subparagraph), termination of not less than four members of (3) Withdrawal of subpoena: The Com- or if a respondent or other individual vio- the full Committee that the interests of jus- mittee, by recorded vote of not less than four lates an agreement limiting access and dis- tice require that such evidence be admitted. members of the Committee, may withdraw closure, the Committee, by majority vote, (7) Supplementary hearing procedures: The any subpoena authorized for issuance by it may recommend to the Senate that the of- Committee may adopt any additional special or authorized for issuance by the Chairman fender be cited for contempt of Congress. hearing procedures that it deems necessary and Vice Chairman, acting jointly. The (3) Swearing of witnesses: All witnesses or appropriate to a particular adjudicatory Chairman and Vice Chairman, acting jointly, who testify at adjudicatory hearings shall be hearing. Copies of such supplementary proce- may withdraw any subpoena authorized for sworn unless the Presiding Officer, for good dures shall be furnished to witnesses and re- issuance by them. cause, decides that a witness does not have spondents, and shall be made available upon (b) Depositions: to be sworn. request to any member of the public. (1) Persons authorized to take depositions: (4) Right to counsel: Any witness at an ad- (k) Transcripts: Depositions may be taken by any member of judicatory hearing may be accompanied by (1) An accurate stenographic or recorded the Committee designated by the Chairman counsel of his or her own choosing, who shall transcript shall be made of all public and ex- and Vice Chairman, acting jointly, or by any

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00034 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 2238 CONGRESSIONAL RECORD—SENATE February 26, 2001 other person designated by the Chairman mittee errors of fact in the witness’s testi- possession of the Select Committee on Eth- and Vice Chairman, acting jointly, including mony by submitting a sworn statement ics which pertains to illegal or improper con- outside counsel, Committee staff, other em- about those facts with a request that it be duct by a present or former Member, officer, ployees of the Senate, or government em- attached to the transcript. The Chairman or employee of the Senate; to allegations or ployees detailed to the Committee. and Vice Chairman, acting jointly, may rule accusations of such conduct; to any resulting (2) Deposition notices: Notices for the tak- on the witness’s request, and the changes or preliminary inquiry, adjudicatory review or ing of depositions shall be authorized by the attachments allowed shall be certified by the other proceeding by the Select Committee Committee, or the Chairman and Vice Chair- Committee’s chief clerk. If the witness fails on Ethics into such allegations or conduct; man, acting jointly, and issued by the Chair- to make any request under this paragraph to the investigative techniques and proce- man, Vice Chairman, or a Committee staff within the time limit set, this fact shall be dures of the Select Committee on Ethics; or member or outside counsel designated by the noted by the Committee’s chief clerk. Any to the information or material designated by Chairman and Vice Chairman, acting jointly. person authorized by the Committee may the staff director, or outside counsel des- Depositions may be taken at any time dur- stipulate with the witness to changes in this ignated by the Chairman and Vice Chairman. ing a preliminary inquiry, adjudicatory re- procedure. (2) The Chairman and Vice Chairman of the Committee shall establish such procedures view or other proceeding. Deposition notices RULE 7: VIOLATIONS OF LAW; PERJURY; LEGIS- as may be necessary to prevent the unau- shall specify a time and place for examina- LATIVE RECOMMENDATIONS; EDUCATIONAL thorized disclosure of Committee Sensitive tion. Unless otherwise specified, the deposi- MANDATE; AND APPLICABLE RULES AND information in the possession of the Com- tion shall be in private, and the testimony STANDARDS OF CONDUCT mittee or its staff. Procedures for protecting taken and documents produced shall be (a) Violations of Law: Whenever the Com- deemed for the purpose of these rules to have Committee Sensitive materials shall be in mittee determines by the recorded vote of writing and shall be given to each Com- been received in a closed or executive session not less than four members of the full Com- of the Committee. The Committee shall not mittee staff member. mittee that there is reason to believe that a (b) Procedures for Handling Classified Ma- initiate procedures leading to criminal or violation of law, including the provision of civil enforcement proceedings for a witness’s terials: false information to the Committee, may (1) Classified information or material is in- failure to appear, or to testify, or to produce have occurred, it shall report such possible formation or material which is specifically documents, unless the deposition notice was violation to the proper Federal and state au- designated as classified under the authority accompanied by a subpoena authorized for thorities. of Executive Order 11652 requiring protection issuance by the Committee, or the Chairman (b) Perjury: Any person who knowingly and of such information or material from unau- and Vice Chairman, acting jointly. willfully swears falsely to a sworn complaint thorized disclosure in order to prevent dam- (3) Counsel at depositions: Witnesses may or any other sworn statement to the Com- age to the United States. be accompanied at a deposition by counsel to mittee does so under penalty of perjury. The (2) The Chairman and Vice Chairman of the advise them of their rights. Committee may refer any such case to the Committee shall establish such procedures (4) Deposition procedure: Witnesses at Attorney General for prosecution. as may be necessary to prevent the unau- depositions shall be examined upon oath ad- (c) Legislative Recommendations: The thorized disclosure of classified information ministered by an individual authorized by Committee shall recommend to the Senate in the possession of the Committee or its law to administer oaths, or administered by by report or resolution such additional rules, staff. Procedure for handling such informa- any member of the Committee if one is regulations, or other legislative measures as tion shall be in writing and a copy of the present. Questions may be propounded by it determines to be necessary or desirable to procedures shall be given to each staff mem- any person or persons who are authorized to ensure proper standards of conduct by Mem- ber cleared for access to classified informa- take depositions for the Committee. If a wit- bers, officers, or employees of the Senate. tion. ness objects to a question and refuses to tes- The Committee may conduct such prelimi- (3) Each member of the Committee shall tify, or refuses to produce a document, any nary inquiries as it deems necessary to pre- have access to classified material in the member of the Committee who is present pare such a report or resolution, including Committee’s possession. Only Committee may rule on the objection and, if the objec- the holding of hearings in public or executive staff members with appropriate security tion is overruled, direct the witness to an- session and the use of subpoenas to compel clearances and a need-to-know, as approved swer the question or produce the document. the attendance of witnesses or the produc- by the Chairman and Vice Chairman, acting If no member of the Committee is present, tion of materials. The Committee may make jointly, shall have access to classified infor- the individual who has been designated by legislative recommendations as a result of mation in the Committee’s possession. the Chairman and Vice Chairman, acting its findings in a preliminary inquiry, adju- (c) Procedures for Handling Committee jointly, to take the deposition may proceed dicatory review, or other proceeding. Sensitive and Classified Documents: with the deposition, or may, at that time or (d) Educational Mandate; The Committee (1) Committee Sensitive documents and at a subsequent time, seek a ruling by tele- shall develop and implement programs and materials shall be stored in the Committee’s phone or otherwise on the objection from the materials designed to educate Members, offi- offices, with appropriate safeguards for Chairman or Vice Chairman of the Com- cers, and employees about the laws, rules, maintaining the security of such documents mittee, who may refer the matter to the regulations, and standards of conduct appli- or materials. Classified documents and mate- Committee or rule on the objection. If the cable to such individuals in the performance rials shall be further segregated in the Com- Chairman or Vice Chairman, or the Com- of their duties. mittee’s offices in secure filing safes. Re- mittee upon referral, overrules the objec- (e) Applicable Rules and Standards of Con- moval from the Committee offices of such tion, the Chairman, Vice Chairman, or the duct: documents or materials is prohibited except Committee as the case may be, may direct (1) Notwithstanding any other provision of as necessary for use in, or preparation for, the witness to answer the question or this section, no adjudicatory review shall be interviews or Committee meetings, including produce the document. The Committee shall initiated of any alleged violation of any law, the taking of testimony, or as otherwise spe- not initiate procedures leading to civil or the Senate Code of Official Conduct, rule, or cifically approved by the staff director or by criminal enforcement unless the witness re- regulation which was not in effect at the outside counsel designated by the Chairman fuses to testify or produce documents after time the alleged violation occurred. No pro- and Vice Chairman. having been directed to do so. visions of the Senate Code of Official Con- (2) Each member of the Committee shall (5) Filing of depositions: Deposition testi- duct shall apply to or require disclosure of have access to all materials in the Commit- mony shall be transcribed or electronically any act, relationship, or transaction which tee’s possession. The staffs of members shall recorded. If the deposition is transcribed, the occurred prior to the effective date of the ap- not have access to Committee Sensitive or individual administering the oath shall cer- plicable provision of the Code. classified documents and materials without tify on the transcript that the witness was (2) The Committee may initiate an adju- the specific approval in each instance of the duly sworn in his or her presence and the dicatory review of any alleged violation of a Chairman, and Vice Chairman, acting joint- transcriber shall certify that the transcript rule or law which was in effect prior to en- ly. Members may examine such materials in is a true record of the testimony. The tran- actment of the Senate Code of Official Con- the Committee’s offices. If necessary, re- script with these certifications shall be filed duct if the alleged violation occurred while quested materials may be hand delivered by with the chief clerk of the Committee, and such rule or law was in effect and the viola- a member of the Committee staff to the the witness shall be furnished with access to tion was not a matter resolved in the merits member of the Committee, or to a staff per- a copy at the Committee’s offices for review. by the predecessor Committee. son(s) specifically designated by the mem- Upon inspecting the transcript, within a RULE 8: PROCEDURES FOR HANDLING COMMITTEE ber, for the Member’s or designated staffer’s time limit set by the Chairman and Vice SENSITIVE AND CLASSIFIED MATERIALS examination. A member of the Committee Chairman, acting jointly, a witness may re- (a) Procedures for Handling Committee who has possession of Committee Sensitive quest in writing changes in the transcript to Sensitive Materials: documents or materials shall take appro- correct errors in transcription. The witness (1) Committee Sensitive information or priate safeguards for maintaining the secu- may also bring to the attention of the Com- material is information or material in the rity of such documents or materials in the

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00035 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2239 possession of the Member or his or her des- mittee shall permit that hearing or meeting (A) which requires an interpretation on a ignated staffer. to be covered in whole or in part, by tele- significant question of first impression that (3) Committee Sensitive documents that vision broadcast, radio broadcast, still pho- will affect more than a few individuals; or are provided to a Member of the Senate in tography, or by any other methods of cov- (B) when the Committee determines that connection with a complaint that has been erage, unless the Committee decides by re- comments from interested parties would be filed against the Member shall be hand deliv- corded vote of not less than four members of of assistance. ered to the Member or to the Member’s Chief the Committee that such coverage is not ap- (2) Notice of any such request for an advi- of Staff or Administrative Assistant. Com- propriate at a particular hearing or meeting. sory opinion shall be published in the Con- mittee Sensitive documents that are pro- (b) Any witness served with a subpoena by gressional Record, with appropriate dele- vided to a Member of the Senate who is the the Committee may request not to be photo- tions to insure confidentiality, and inter- subject of a preliminary inquiry, adjudica- graphed at any hearing or to give evidence or ested parties will be asked to submit their tory review, or other proceeding, shall be testimony while the broadcasting, reproduc- comments in writing to the Committee with- hand delivered to the Member or to his or tion, or coverage of that hearing, by radio, in ten days. her specifically designated representative. television, still photography, or other meth- (3) All relevant comments received on a (4) Any Member of the Senate who is not a ods is occurring. At the request of any such timely basis will be considered. member of the Committee and who seeks ac- witness who does not wish to be subjected to (d) Issuance of an Advisory Opinion: cess to any Committee Sensitive or classi- radio, television, still photography, or other (1) The Committee staff shall prepare a fied documents or materials, other than doc- methods of coverage, and subject to the ap- proposed advisory opinion in draft form uments or materials which are matters of which will first be reviewed and approved by public record, shall request access in writing. proval of the Committee, all lenses shall be the Chairman and Vice Chairman, acting The Committee shall decide by majority covered and all microphones used for cov- jointly, and will be presented to the Com- vote whether to make documents or mate- erage turned off. mittee for final action. If (A) the Chairman rials available. If access is granted, the (c) If coverage is permitted, it shall be in and Vice Chairman cannot agree, or (B) ei- Member shall not disclose the information accordance with the following requirements: except as authorized by the Committee. (1) Photographers and reporters using me- ther the Chairman or Vice Chairman re- (5) Whenever the Committee makes Com- chanical recording, filming, or broadcasting quests that it be taken directly to the Com- mittee Sensitive or classified documents or apparatus shall position their equipment so mittee, then the proposed advisory opinion materials available to any Member of the as not to interfere with the seating, vision, shall be referred to the Committee for its de- Senate who is not a member of the Com- and hearing of the Committee members and cision. mittee, or to a staff person of a Committee staff, or with the orderly process of the (2) An advisory opinion shall be issued only member in response to a specific request to meeting or hearing. by the affirmative recorded vote of a major- the Chairman and Vice Chairman, a written (2) If the television or radio coverage of the ity of the members voting. record shall be made identifying the Member hearing or meeting is to be presented to the (3) Each advisory opinion issued by the of the Senate requesting such documents or public as live coverage, that coverage shall Committee shall be promptly transmitted materials and describing what was made be conducted and presented without commer- for publication in the Congressional Record available and to whom. cial sponsorship. after appropriate deletions are made to in- (d) Non-Disclosure Policy and Agreement: (3) Personnel providing coverage by the sure confidentiality. The Committee may at (1) Except as provided in the last sentence television and radio media shall be currently any time revise, withdraw, or elaborate on of this paragraph, no member of the Select accredited to the Radio and Television Cor- any advisory opinion. Committee on Ethics, its staff or any person respondents’ Galleries. (e) Reliance on Advisory Opinions: engaged by contract or otherwise to perform (4) Personnel providing coverage by still (1) Any advisory opinion issued by the services for the Select Committee on Ethics photography shall be currently accredited to Committee under Senate Resolution 338, 88th shall release, divulge, publish, reveal by the Press Photographers’ Gallery Committee Congress, as amended, and the rules may be writing, word, conduct, or disclose in any of Press Photographers. relied upon by— way, in whole, or in part, or by way of sum- (5) Personnel providing coverage by the (A) Any person involved in the specific mary, during tenure with the Select Com- television and radio media and by still pho- transaction or activity with respect to which mittee on Ethics or anytime thereafter, any tography shall conduct themselves and the such advisory opinion is rendered if the re- testimony given before the Select Com- coverage activities in an orderly and unob- quest for such advisory opinion included a mittee on Ethics in executive session (in- trusive manner. complete and accurate statement of the spe- cluding the name of any witness who ap- RULE 10: PROCEDURES FOR ADVISORY OPINIONS cific factual situation; and peared or was called to appear in executive (B) any person involved in any specific (a) When Advisory Opinions Are Rendered: session), any classified or Committee Sen- transaction or activity which is indistin- (1) The Committee shall render an advisory sitive information, document or material, guishable in all its material aspects from the opinion, in writing within a reasonable time, received or generated by the Select Com- transaction or activity with respect to which in response to a written request by a Member mittee on Ethics or any classified or Com- such advisory opinion is rendered. or officer of the Senate or a candidate for mittee Sensitive information which may (2) Any person who relies upon any provi- nomination for election, or election to the come into the possession of such person dur- sion or finding of an advisory opinion in ac- Senate, concerning the application of any ing tenure with the Select Committee on cordance with the provisions of Senate Reso- Ethics or its staff. Such information, docu- law, the Senate Code of Official Conduct, or lution 338, 88th Congress, as amended, and of ments, or material may be released to an of- any rule or regulation of the Senate within the rules, and who acts in good faith in ac- ficial of the executive branch properly the Committee’s jurisdiction, to a specific cordance with the provisions and findings of cleared for access with a need-to-know, for factual situation pertinent to the conduct or such advisory opinion shall not, as a result any purpose or in connection with any pro- proposed conduct of the person seeking the of any such act, be subject to any sanction ceeding, judicial or otherwise, as authorized advisory opinion. by the Senate. by the Select Committee on Ethics, or in the (2) The Committee may issue an advisory event of termination of the Select Com- opinion in writing within a reasonable time RULE 11: PROCEDURES FOR INTERPRETATIVE mittee on Ethics, in such a manner as may in response to a written request by any em- RULINGS be determined by its successor or by the Sen- ployee of the Senate concerning the applica- (a) Basis for Interpretative Rulings: Senate ate. tion of any law, the Senate Code of Official Resolution 338, 88th Congress, as amended, (2) No member of the Select Committee on Conduct, or any rule or regulation of the authorizes the Committee to issue interpre- Ethics staff or any person engaged by con- Senate within the Committee’s jurisdiction, tative rulings explaining and clarifying the tract or otherwise to perform services for the to a specific factual situation pertinent to application of any law, the Code of Official Select Committee on Ethics, shall be grant- the conduct or proposed conduct of the per- Conduct, or any rule or regulation of the ed access to classified or Committee Sen- son seeking the advisory opinion. Senate within its jurisdiction. The Com- sitive information or material in the posses- (b) Form of Request: A request for an advi- mittee also may issue such rulings clarifying sion of the Select Committee on Ethics un- sory opinion shall be directed in writing to or explaining any rule or regulation of the less and until such person agrees in writing, the Chairman of the Committee and shall in- Select Committee on Ethics. as a condition of employment, to the non- clude a complete and accurate statement of (b) Request for Ruling: A request for such disclosure policy. The agreement shall be- the specific factual situation with respect to a ruling must be directed in writing to the come effective when signed by the Chairman which the request is made as well as the spe- Chairman or Vice Chairman of the Com- and Vice Chairman on behalf of the Com- cific question or questions which the re- mittee. mittee. questor wishes the Committee to address. (c) Adoption of Ruling: RULE 9: BROADCASTING AND NEWS COVERAGE OF (c) Opportunity for Comment: (1) The Chairman and Vice Chairman, act- COMMITTEE PROCEEDINGS (1) The Committee will provide an oppor- ing jointly, shall issue a written interpretive (a) Whenever any hearing or meeting of the tunity for any interested party to comment ruling in response to any such request, un- Committee is open to the public, the Com- on a request for an advisory opinion. less—

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00036 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 2240 CONGRESSIONAL RECORD—SENATE February 26, 2001 (A) they cannot agree, (b) Requests for Waivers: A request for a fecting any congressional or presidential (B) it requires an interpretation of a sig- waiver under paragraph (a) must be directed election. nificant question of first impression, or to the Chairman or Vice Chairman in writing (5) No member of the staff or outside coun- (C) either requests that it be taken to the and must specify the nature of the waiver sel may accept public speaking engagements Committee, in which event the request shall being sought and explain in detail the facts or write for publication on any subject that be directed to the Committee for a ruling. alleged to justify a waiver. In the case of a is in any way related to his or her employ- (2) A ruling on any request taken to the request submitted by an employee, the views ment or duties with the Committee without Committee under subparagraph (1) shall be of his or her supervisor (as determined under specific advance permission from the Chair- adopted by a majority of the members voting paragraph 12 of Rule XXXVII of the Standing man and Vice Chairman. and the ruling shall then be issued by the Rules of the Senate) should be included with (6) No member of the staff may make pub- Chairman and Vice Chairman. the waiver request. lic, without Committee approval, any Com- (d) Publication of Ruling: The Committee (c) Ruling: The Committee shall rule on a mittee Sensitive or classified information, documents, or other material obtained dur- will publish in the Congressional Record, waiver request by recorded vote with a ma- ing the course of his or her employment with after making appropriate deletions to ensure jority of those voting affirming the decision. the Committee. confidentiality, any interpretative rulings With respect to an individual’s request for a issued under this Rule which the Committee (b) Appointment of Staff: waiver in connection with the acceptance or (1) The appointment of all staff members determines may be of assistance or guidance reporting the value of gifts on the occasion shall be approved by the Chairman and Vice to other Members, officers or employees. 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VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00037 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2241 TRIBUTES TO ALAN CRANSTON dency in 1984. And since his retirement the cold war; it is not necessary for- ∑ Mr. CONRAD. Mr. President, I rise from the Senate in 1993, Alan had dedi- ever. It is not acceptable forever. I say today to join my colleagues in mourn- cated himself to the cause he cared it is unworthy of our nation, unworthy ing the death of our former colleague about most; eliminating nuclear weap- of any nation; it is unworthy of civili- from California, Senator Alan Cran- ons. zation.’’ ston. The nation lost a truly remark- If you didn’t know Alan, his impres- Alan had the highest hopes for our able man last December. sive list of accomplishments might world. We owe it to him to try to live Senator Alan Cranston had a long lead you to think that he must have up to them and to carry out his legacy and effective career of public service been a man of great showmanship and of peace in the new millennium he did spanning six decades, including 24 obvious charisma. But that wasn’t not live to see. years as a United States Senator. He Alan. In conclusion, I ask that a recent ar- first entered public service in 1942 as Alan believed in the philosophy of ticle from Roll Call on Alan Cranston by Daniel Perry appear in the RECORD Chief of the Foreign Language Division Lao-tzu: ‘‘A leader is best when people at the end of my remarks. of the Office of War Information in the barely know that he exists. But of a good leader, when his work is done, his Dan Perry, a former staffer for Alan Executive Offices of the President. Cranston, is a leader in his own right. This began his very productive life of aim fulfilled, they will all say, ‘We did this ourselves.’ ’’ Accordingly, Alan did For years he has been on the forefront public service. of aging and health policy as head of I served side-by-side with Senator a lot of his work behind the scenes. He the Alliance for Aging Research. His Cranston for six years. In those six had neither the time nor the patience remarks reflect his deep admiration for years alone he had his hand in many for back-slapping and schmoozing: he Senator Cranston and his commitment fundamental pieces of legislation. For liked to cut to the chase, let you know what was what, and move on to the to the Senator’s lofty ideals. example he produced the Cranston- The article is as follows: next thing. Gonzales National Affordable Housing [From Roll Call, Jan. 4, 2001] Act of 1990, the first major piece of Alan was never loud or arrogant or flashy. He didn’t have to be. His au- CRANSTON LEGACY SERVES AS MODEL FOR housing legislation in a decade. He was MEMBERS OF THE 107TH CONGRESS thority came from a force deeper than also the original author of the Cali- (By Daniel Perry) fornia Desert Protection Act, which personality. It came from his conscience. The sharply divided 107th Congress would was enacted in 1993. Throughout his do well to ponder the quiet but enduringly long career, Senator Cranston was a The anti-war activist, Father Daniel effective political skills of the late Sen. Alan true advocate for the environment, Berrigan, once talked about the danger Cranston (D) of California. His 24-year Sen- civil rights, and world peace. of ‘‘verbalizing . . . moral impulses out ate career, during tumultuous and partisan Whether one agreed or disagreed with of existence.’’ That was never within times, showed that strong beliefs make good Alan Cranston’s views, we here in the the realm of possibility for Alan. politics, but success begins with respecting Senate will always remember him for Whether he was standing up for vet- the motives and sincerity of others, includ- erans, working to save millions of ing your opponents. his integrity and dedication. Alan Cranston’s sudden death, just hours before Cranston fought tirelessly for his be- acres of desert and wilderness, or the first day of 2001, ended a life devoted to liefs, no matter what the consequence. speaking out for nuclear disarmament, issues about which he was passionate: Inter- Yet he was also kind, energetic, and Alan steadfastly followed his con- national peace and arms control, human thoughtful. science, even when it led him to the rights and protection of the environment. Put simply, I admired and respected uncharted paths or difficult places For this Californian the quest for high public Senator Alan Cranston. I would now where no one else would go. office—even the United States Senate—was I don’t know whether it was the re- never a simple pursuit of power nor an end in like to take this opportunity to extend itself. my thoughts and prayers to his sister sult of this active conscience or his Politics and policy were the means by Eleanor Cranston, his son Kim, his fierce intellect or some combination of which he could help make the human pas- daughter-in-law Collette Penne Cran- the two, but Alan had this extraor- sage on earth fairer, safer and more serene. ston, his granddaughter Evan Cran- dinary prescience, this ability to pre- His commitment to halting future use of nu- ston, and to his remaining friends, fam- dict with startling accuracy what the clear weapons began when he was introduced ily and staff. We will all miss him.∑ future would bring. He understood the to Albert Einstein in 1946. He was still work- threat of Adolf Hitler long before many ing tirelessly toward that goal when he died, Mr. HARKIN. Mr. President, when I at age 86, eight years after he left the Sen- heard that my friend, Alan Cranston, others, and he worked to warn us be- ate. passed away this New Year’s Eve, I fore it was too late. He fought discrimi- In the shorthand of the obituary writer, couldn’t quite believe it. I remember nation against immigrants, long before Cranston is remembered for winning four Alan as a man in a constant state of most of us realized that was the right Senate elections, serving seven consecutive motion, always pressing on for the thing to do. He spoke out about nu- terms as Democratic Whip, for having run causes he cared for, plotting the next clear weapons long before the disar- for president as the champion of a nuclear freeze and for being tarred by the so-called steps, pondering how he could do more. mament movement took root in the Keating Five scandal. While all true, that It is hard to reconcile the finality of popular imagination. doesn’t begin to describe a political career of death with the endless, focused energy And he believed in the notion of uni- amazing productivity and accomplishment, that defined his life. form world law decades before the rise showing just how much one person quietly Alan’s record of service spans the of the global age. In fact, many decades can do to shape his or her times. better part of the twentieth century. ago, he was the leader of the World By one count, there were 2,500 tallies in the He was a journalist who covered World Federalist Association, a group dedi- Senate between 1969 and 1989 that were de- War II, an author who warned Ameri- cated to the idea of establishing a uni- cided by fewer than five votes, and often by a single vote. Cranston was often a crucial cans about the threat of Hitler, a lead- form world law. Back then, the WFA player, not only for his vote alone but as a er of an organization that opposed dis- must have seemed like a somewhat ec- behind-the-scene strategist, head counter, crimination against immigrants, long centric organization, oddly out of marshaler of forces and shrewd compromiser before that was fashionable. synch with the times. who always lived to fight another day. He revived the California Democratic But it was vintage Alan, just another He was frequently one-half of various Sen- party in the 1950’s, was the California manifestation of his profound idealism. ate odd-couple pairings, meshing his prin- state controller in the 1960’s, and Alan really believed that people of all ciples with pragmatism. He teamed with con- served his first term in the United different nationalities and races and servative Senators such as Strom Thurmond (R-S.C.) to improve veterans programs, States Senate in the 1970’s. He was a ethnicities could rise to meet the Alfonse D’Amato (R-N.Y.) on public housing Senator for 24 years, including seven standard of a just rule of law. measures and the legendary Barry Goldwater consecutive terms as Democratic whip, Alan once said of nuclear deterrence: (R-Ariz.) to protect press freedoms guaran- and he even made a run for the Presi- ‘‘This may have been necessary during teed under the First Amendment.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00038 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 2242 CONGRESSIONAL RECORD—SENATE February 26, 2001 Cranston was liberal and an idealist to the ple outside Congress knew what it in- of the partisan tensions that divide us core, but never an ideologue or blindly par- volved. Since Alan was from California, on other issues, spreading inter- tisan. That balance enabled him to become a lot of people thought the Minority national understanding of Alan’s and one of the most durable and successful Cali- Whip was the name of a Leather Bar in America’s best ideals, educating new fornia politicians of the 20th century. He was elected six times to statewide office from Malibu. generations of young Americans about California. But seriously, Alan was a giant of his our common heritage as travelers on Representing the West Coast megastate in day on many issues, and his concern spaceship earth, teaching us about the the Senate meant skillfully balancing myr- for social justice made him a leader on beauty, the richness, and the diversity iad insistent and often conflicting home- them all. We served together for many of other peoples, other languages, and state interests. Even as California changed years on the Labor Committee and es- other cultures and about the enduring politically and demographically, Cranston pecially the Health Subcommittee, and importance of the greatest pursuit of managed to steer a delicate course between his insights were indispensable. I al- all, the pursuit of peace. the state’s giant agribusiness interests and ways felt that if we’d had another Alan Near the end of John Bunyan’s ‘‘Pil- those of consumers, family farmers and farm Cranston or two in those years, we’d grim’s Progress,’’ there is a passage workers; he weighed the claims of home builders and growing communities against have actually passed our Health Secu- that tells of the death of Valiant: the need to preserve open spaces and wildlife rity Act, and made health care the Then, he said, I am going to my Father’s. habitats. basic right for all that it ought to be, And though with great difficulty I am got Amazingly, he helped end the Vietnam War instead of just an expensive privilege hither, yet now I do not regret me of all the and was a major figure in the nation’s arms for the few. trouble I have been at to arrive where I am. control and peace movements, even as he ef- Perhaps the greatest legacy that My sword I give to him that shall succeed me fectively represented the epicenter of the na- Alan left us was his able and tireless in my pilgrimage, and my courage and skill tion’s defense and aerospace industries. to him that can get it. My marks and scars work for democracy and world peace. I carry with me, to be a witness for me, that It is a measure of the man that he was able Every village in the world is closer to to separate the warriors of Vietnam from the I have fought his battle who now will be my war itself. From 1969 to 1992 all legislation that goal today because of Alan. No rewarder. concerning America’s veterans bore his one in the Senate fought harder or When the day that he must go hence was stamp, especially measures improving health more effectively for our nuclear weap- come, many accompanied him to the river- care and mental health services for those ons freeze in the 1980’s, or for nuclear side, into which as he went, he said, ‘Death, who fought in the nation’s most unpopular arms control. His hope for a nuclear- where is thy sting?’ and as he went down war. free future still represents the highest deeper, he said, ‘Grave, where is thy vic- Teaming up with the late Rep. Phillip Bur- tory?’ So he passed over, and all the trum- aspiration of millions, even billions, pets sounded for him on the other side. ton (D) of San Francisco on environmental throughout the world. issues, the two Californians managed to I also recall Alan’s pioneering efforts We loved you, Alan. We miss you. place under federal protection as much acre- to press for Senate action to end the And we always will. age as all the national park lands created Mr. KERRY. Mr. President, it is a war in Vietnam, and his equally able earlier in the 20th century combined. special privilege to join all of you leadership for civil rights at home and Today there is a catalog of thousands of today to honor the life and extraor- bills and amendments he personally au- human rights around the world. We dinary accomplishments of Alan Cran- thored affecting virtually every aspect of na- know how deeply he felt about injus- tional life: civil rights, adoption and foster tice to anyone anywhere. His leader- ston. As we all know, Alan was a sprinter care reform, wild rivers, research to improve ship in the battle against apartheid in and—always with an incredible mis- aging and longevity, workplace safety, emer- South Africa was indispensable. gency medical services and much more. Throughout his brilliant career, the chievous twinkle in his eye he sprinted He lived by the maxim that a leader can causes of civil rights and human rights through life. I think one of the most accomplish great things if he doesn’t mind enduring images of him is of Alan on who gets the credit. were central to Alan’s being and his mission—and America and the world the eve of the Iowa caucuses in 1984 at The Cranston style has not been much in the Holiday Inn in Keokuk, Iowa, evidence in Washington during recent years. are better off today because Alan Cran- However, Members in the 107th Congress— ston passed this way. sprinting barefooted down the 40-meter where many a cause will be determined by A key part of all his achievements hallway, walking back and repeating one or very few votes—would do well to con- was his unique ability to translate his the exercise for about 40 minutes. It sider the lessons of his enabling career. If ideals into practical legislation. Few if was no coincidence that Alan’s favorite they study the Cranston legacy and seek to any Senators have been as skilled as hotel in the country, Chicago’s O’Hare emulate it, the nation and the world will be Alan in the art of constructive legisla- Hilton, boasts 250-meter hallways. better for it. tive compromise that fairly leads to Three weeks ago in California we Mr. KENNEDY. Mr. President, Kim, progress for the Nation. shared a goodbye to our friend, this Colette, Evan, R.E.—let me begin by He was a vigorous supporter of the sprinter, at a memorial service—call- saying I loved Alan too. I will never Peace Corps, a strong overseer of its ing to mind the many ways he enriched forget the 24 years of friendship and performance, and a brilliant advocate public lives and personal relationships. leadership and achievement with which for all the Peace Corps Volunteers. He There in the Grace Cathedral, we he graced the Senate and the nation. was a champion for health coverage of heard Colette Cranston say that in So it’s a special privilege and honor for returning Volunteers, and one of the death Alan Cranston ‘‘has become my me to be part of this tribute today. first to understand that good health Jiminy Cricket—that little voice in Alan is profoundly missed by his fam- coverage had to include mental health her conscience that says, ‘Colette, ily and friends, his colleagues in the services too. think before you leap.’ ’’ It would not Congress, and by all those around the In many ways, his first love was the be an exaggeration to say that warning world who pursue the great goals of Peace Corps, and I know that President was characteristic of Alan when he hope and progress and peace. Kennedy would have been very proud of served here in the United States Sen- I must say, I grew up thinking Cran- him. Even before he came to the Sen- ate. He wanted us to look, and he want- ston was a city in Rhode Island. But ate, he had his first contact with the ed us to leap. He implored us to put a Alan taught each of us that Cranston Corps, as a consultant for Sargent human face on public policy—to think stands for something else as well, the Shriver. As Alan often said, he became not in statistics and numbers and pro- very best in public service. involved because he was so inspired by grams alone, but in terms of people: Alan loved to lead behind the scenes, my brother’s vision of a world where and the people he spoke of most often for 14 of those 24 Senate years with us, Americans of all ages could work side- were senior citizens, children, those he was our Democratic whip, and he by-side with peoples throughout the without decent housing, immigrants, wrote the book about the job. In those world to put an end to poverty. and those in need of a helping hand re- great years, we used to tease Alan Because of Alan, the Peace Corps gardless of race or religion. He was a about the position, because so few peo- today is thriving as never before—free moral voice, a voice of conscience,

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00039 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2243 someone who understood that even as selves and years of their lives on the weapons in increasingly disparate and he remained vigilant defending the battlefield in that far-away Nation. unreliable hands. He was haunted by needs of the homefront in California, This was a man who fought with the the threat of nuclear terrorism. He was he was also a global citizen who knew greatest of passion for those who had passionate about the nuclear test ban this institution had global responsibil- fought in a difficult war—even as he treaty and was angry when it went ities. was also the Senator who fought down to a shallow and partisan defeat Through four terms as a United against all that war represents—re- in the Senate. We missed his voice in States Senator, he remained a man of membering that war, brutality, and that debate; we miss him still more enormous humility on his answering killing are the ultimate failure of di- today. machine he was simply ‘‘Alan’’—as he plomacy. When he left the Senate, Alan re- was to so many who knew him. This Alan Cranston was above all a man of flected upon his service and his accom- personal sense of place and restraint peace. With him it was not just a pol- plishments. Of his lasting legacy, he made it easy to underestimate the con- icy but a passion. Remember: This was said simply: ‘‘Most of all, I have dedi- tributions he made to the Senate, and a man who, in 1934, found himself in cated myself to the cause of peace.’’ to our country. Certainly he never the same room as Adolf Hitler. Five That dedication was real and last- paused long enough to personally re- years later, he wrote a critical English ing—a legacy of peace for a good and mind us of the impact of his service, of translation of Adolf Hitler’s ‘‘Mein peaceful man who gave living embodi- the history he was a part of and the Kampf’’ in an effort to reveal the Ger- ment to Culbertson’s simple, stubborn lives he touched. man leader’s true plans. He wore Hit- faith that ‘‘God and the politicians I first met Alan in 1971 when I had re- ler’s ensuing lawsuit as a badge of willing, the United States can declare turned from Vietnam and many of our honor, proud that he had stood up to peace upon the world, and win it.’’ veterans were part of an effort to end a try and warn the English-speaking That belief was Alan Cranston and it is failed American policy in Vietnam. In world about the evils of Nazism. a belief worth fighting for. Alan Cranston we found one of the few Throughout the rest of his service he Senators willing not just to join in the used public office to force Americans f public opposition to the war in Viet- to listen to other prescient warnings— nam, but to become a voice of healing about nuclear arms, about a dangerous HOME HEALTH CARE STABILITY for the veterans of the war a statesman arms race spiraling beyond our control, ACT whose leadership enabled others, over and about hopes for peace that he re- time, to separate their feelings for the fused to give up even as others chose to Mr. BURNS. Mr. President, I rise war from their feelings for the veterans beat the drums for war. today to add my name as a cosponsor of the war. At a time when too many Senator Cranston came to his famous to the Home Health Care Stability Act wanted to disown its veterans, Alan of- commitment to arms control after of 2001. I commend the leadership of my fered Vietnam veterans a warm em- meeting with Albert Einstein in 1946. friends Senator COLLINS and Senator brace. He was eager to do something all He left that meeting convinced that BOND and I am pleased to join my too rare in Washington: listen—and he the threat of atomic weapons had to be many other colleagues in support of listened to veterans who had much to stemmed—and he spent the balance of this very important piece of legisla- say, much of it ignored for too long. He his life arguing that conviction before tion. honored their pride and their pain with the Nation. This bill is two-fold, it will perma- sensitivity and understanding. As a member of the Senate leadership nently eliminate the automatic 15 per- That’s when I first saw the great en- and a senior voice on the Democratic cent reduction in Medicare payments ergy and commitment Alan brought to side of the Foreign Relations Com- to home health agencies that is cur- the issues affecting veterans, espe- mittee he worked to reduce the nuclear rently scheduled to go into effect on cially those of the Vietnam era. He was threat. One of his most important ef- October 1, 2002 and will also extend the deeply involved on veterans’ health forts was one of the least publicized. temporary 10 percent add-on payment care issues, among the first to fight for Throughout the 1970s and the 1980’s, for home health patients in rural areas recognition of post-Vietnam stress syn- Alan convened a unique arms control to ensure that these patients continue drome, and a leader in insisting on cov- study group the ‘‘SALT Study Group’’. to have access to much-needed care. erage under the V.A. for its treatment. This senators-only gathering met Times are rapidly changing. Today When the Agent Orange issue came to monthly in his office, off the record, more than ever, patients are spending the fore, Alan insisted on getting an- and face to face to define common less time in the hospital. More and swers from an unresponsive govern- ground. He knew the impact quiet di- more, we are seeing procedures done on ment about the consequences of expo- plomacy could have on the issues he an outpatient basis, with recovery and sure to dioxin, making sure that vet- cared about most of all. care for patients with chronic condi- erans and their families got the health He loved what the Peace Corps does, tions taking place in the home. In addi- care they needed. Under his leadership and he fought for it. He fought to at- tion, in my State of Montana, for ex- Congress grudgingly increased GI Bill tach human rights conditions on aid to ample, the number of elderly who are benefits for Vietnam veterans—vet- El Salvador and to halt contra aid. He chronically ill or disabled continues to erans who too often had to fight for was a leading national advocate for a grow. How do we care properly and benefits they should have been guaran- mutual verifiable nuclear freeze. He compassionately for these individuals? teed without question—indeed, for vet- was always an idealist whose increase As our population ages, the answer to erans who had to fight if only to have in political power was always met by this question becomes more and more a memorial and if only to have the gov- progress for the issues he cared about important. ernment recognize that they fought in so deeply. It was not just the work of a Increasingly, the answer for many is a war and not a police conflict Alan’s career, but of a lifetime—after he left home health care. Home health care is leadership made all the difference. It is the Senate he chaired the State of the an important part of Medicare in which a sad truth in our country’s history World Forum and joined with former seniors and the disabled can get the that a weary Nation seemed eager to Soviet leader Mikhail Gorbachev as care they need, where they want it: in turn its back on so many Vietnam vet- chairman of the Gorbachev Founda- the comfort and security of their own erans who simply sought their due; it tion/USA and in 1999, he founded the homes. Additionally, home health care should forever be a source of pride to Global Security Institute. is a necessity because, for many, their the Cranston family that Alan was He did that because he sensed that health or physical condition makes it chief among those who insisted that the end of the Cold War, with all the almost impossible to leave home. Not America honor that service and keep opportunity it afforded, created a more only is it convenient, but much more faith with sons who left pieces of them- dangerous world, with aging nuclear importantly, patients love it. They

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00040 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 2244 CONGRESSIONAL RECORD—SENATE February 26, 2001 love it because home health care al- cut three times—the time has come to that they were prepared to accept most lows seniors and others with disabil- do away with it once and for all. Sec- of the Senate-passed text, but insisted ities a feeling of independence and dig- ondly, we must also make permanent that it be enacted under the House bill nity, despite their illnesses. Often the temporary 10 percent add-on for number. In order to get this important home health is an alternative to more home health services furnished pa- measure to the President, we did that expensive services in hospitals, and, tients in rural areas. This, too, was in- on December 15, 2000. We discharged thus, is a cost-effective alternative to cluded in last year’s legislation, this the House-passed version of that bill providing care. bill would make it permanent. from the Judiciary Committee, adopt- However, folks, there is a home In Montana, we know too well how ing a complete substitute, and sent it health care crisis—too many seniors very expensive it is for home health back to the House. Unfortunately, the and disabled who should be receiving agencies to deliver services to rural pa- House failed to act on our good faith health care services at home are not tients. They have to travel long dis- effort last year, and the Public Medal getting it. This is wrong. Many of our tances, and it takes a long time to of Valor was never enacted. most frail and vulnerable have had to reach those patients. That all adds to This year, I have again worked with be repeatedly hospitalized with prob- the cost. Senator STEVENS, Senator HATCH, and lems that could have been avoided had The Home Health Care Stability Act others to get this important bill they been continuing to receive their will provide essential relief for our passed. I urge my colleagues to work home health benefits. Others are trying home health agencies that are strug- towards improvements to ensure that to pay for the care themselves, often gling to make ends meet. I am proud to the Medal of Valor Board will work ef- on very limited means. Some are going add my name as a cosponsor of this im- fectively and efficiently with the Na- without care altogether. portant piece of legislation. I hope we tional Medal of Valor Office within the By the late 1990s, home health care can get quick action on this bill to en- Department of Justice. Our legislation was the fastest growing component of sure that seniors and the disabled have should establish both of these entities. Medicare spending, growing at an aver- appropriate access to quality home It is essential that they work well to- age of 26 percent annually. We all know health care. gether to design the Medal of Valor and to create the criteria and procedures what happened next—in an effort to f balance the budget and make the home for recommendations of nominees for health program more cost-effective and PUBLIC MEDAL OF VALOR ACT the award. The men and women who efficient, Congress in the Balanced Mr. LEAHY. Mr. President, I am will be honored by the Medal of Valor Budget Act of 1997, BBA, tried to cut pleased to cosponsor the Public Safety for their brave deeds deserve nothing the growth in Medicare spending. Un- Officer Medal of Valor Act, S. 39, which less. I hope the Senate will quickly act fortunately, the real results of this ac- was introduced by Senator STEVENS. I on these changes to this important tion went much farther than we in- thank him for his hard work on this measure. tended, in large part because of faulty important piece of legislation. f implementation and excessive regu- I supported and cosponsored the Pub- BLACK HISTORY MONTH latory requirements of the Health Care lic Safety Officer Medal of Valor Act in Mr. KERRY. Mr. President, I’d like Financing Administration, HCFA. As the last Congress as well. I was dis- to make a few comments today in rec- the cuts and regulations spun out-of- appointed that this legislation did not ognition of Black History Month. For a control, health care providers strug- become law then. In April and May, quarter-century, our country has held gled to survive, while many were forced 1999, I made sure that the Senate acted the month of February in special re- to close their doors entirely. Ulti- on this bill. On April 22, 1999, the Sen- gard as a time to remember and reflect ate Judiciary Committee took up that mately, patients suffered the most. on the rich history and extraordinary measure in regular order and reported This story applies to patients and pro- achievements of African Americans. it unanimously. At that time I con- viders in all parts of Medicare, hos- Today, I would like to speak about gratulated Senator STEVENS for intro- pitals, nursing homes, home health some important and influential African ducing the measure and thanked him care providers, everyone. Americans from my home State of Now, on the horizon, is yet another for his leadership. I noted that we had Massachusetts. 15-percent cut that would put many of worked together on a number of law The diversity we celebrate during our already struggling home health enforcement matters and that the sen- this month encompasses many areas. agencies at risk and would seriously ior Senator from Alaska is a stalwart African-American leaders should be jeopardize access to critical home supporter of the men and women who recognized not only for their achieve- health services for millions of our Na- put themselves at risk to protect us ments in the face of racial discrimination’s seniors. In my State of Montana, all. I said that I looked forward to en- tion, but for the accomplishments they access to home health care is already a actment of this measure and to seeing have made in a wide variety of occupa- problem for many, we cannot make the extraordinary heroism of our po- tions. Diversity stretches beyond race this problem worse. Home health and, lice, firefighters and correctional offi- and crosses into gender, age, and occu- most importantly, the patients who de- cers recognized with the Medal of pation. The following men and women pend on its services cannot afford this. Valor. cover a wide spectrum of interests, We must act now. On May 18, 1999, I was privileged to eras, and accomplishments, and each I am indeed proud that last year we be on the floor of the Senate when we has made a significant contribution to passed legislation, the Medicare, Med- proceeded to consider S. 39 and passed the Massachusetts community. icaid, and S–CHIP Benefits Improve- it unanimously. I took that occasion to In 1845, Macon B. Allen became the ment and Protection Act, which pro- commend Senator STEVENS and all who first African American officially ad- vided some relief to struggling home had worked so hard to move this meas- mitted to the bar, and he practiced law health agencies. However, I do not ure in a timely way. That was during for many years in Worcester, Massa- think that it went far enough. First, National Police Week nearly two years chusetts before moving to South Caro- we must eliminate the 15 percent cut ago. The measure was sent to the lina, where he became one of the first completely. The simple fact is that an House of Representatives where it lay black Federal judges in the Nation. Mr. additional 15 percent cut in Medicare dormant for the remainder of the 106th Allen set a precedent that opened home health payments would spell Congress. many doors for the minority attorneys death for those low-cost agencies which Instead, the House, in the last Con- and judges who followed in his foot- are currently struggling to hang on, gress, insisted that the Senate take up, steps. and it would further reduce seniors’ ac- fix and pass the House-passed version Dr. W.E.B DuBois has long been rec- cess to critical home care services. We of this measure, H.R. 46, if it were to ognized as a figure of leadership in Af- have already delayed this 15 percent become law. House members indicated rican-American history. Dr. Dubois

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00041 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2245 fought racism through words, writing knowledge the courage, talent, deter- munity, but also for their unwavering in such publications as the National mination, leadership and vision of efforts to improve the quality of life in Association for the Advancement of those men, women and children who our cities and state. The Coalition of Colored People journal. He approached made an impact in the face of incred- Black Churches in Minneapolis and the civil rights boldly, advocating the ible obstacles. St. Paul Ministerial Alliance truly eradication of all distinctions on the This year’s theme, I believe, is funda- have made a difference in the commu- basis of race or color. Throughout the mental not only in defining the African nity with their outreach on behalf of early half of the 20th century, DuBois American community, but the Amer- their congregations and community, sought this ideal, in his words, ‘‘to ob- ican community at large. The struggle through their experience and sacrifice, tain without compromise such rights for a better America begins with each through their political will with their and privileges as belonged to members individual and his or her call to civic legislative agendas, and most impor- of civilization of which he was a part.’’ duty. The historical context of building tantly, through their leadership and John Thomas, an athlete from Mas- a better America begins with gaining a exemplary behavior. They are not sim- sachusetts, truly soared above his com- deeper understanding of our history ply preaching the meaning of values, petition. As a freshman at Boston Uni- and how our social environment has family and community service, they versity, Thomas established a new been shaped. are also showing us. world record for the high jump at 7 The civil rights movement helped our In the arena of politics, Ms. Neva feet, 11⁄4 inches in 1959. As the first ath- Nation, and particularly our govern- Walker became the first African Amer- lete to consistently jump more than 7 ment, recognize that universal partici- ican woman to be elected to the Min- feet, Thomas went on to break his own pation and rights are enjoined upon all nesota Legislature just last fall. Given record twice. He represented America citizens, regardless of the color of their the dispiriting level of civic participa- in the 1960 Summer Olympics in Rome, skin. One of the many lessons that can tion in our society today, I truly am medaling in the high jump. In addition be gleaned from this movement is that appreciative of the vision and leader- to his athletic activities, Thomas it is our duty as Americans to embrace ship that Representative Walker brings served his local community as a leader the diverse elements of our society so to her constituents and our state. I am in several organizations, including the that future generations can see them- honored to know and work with Rep- Boy Scouts of America and the Na- selves in our Nation’s past and realize resentative Walker. As the first Afri- tional Multiple Sclerosis Society. that they have a role to play in seizing can American woman legislator in our Dorothy West was heralded as ‘‘the the future’s countless opportunities. state I know she will make important last living member of the Harlem Ren- In acknowledging the various ele- changes, provide needed leadership, aissance’’ until her death in 1998. De- ments of the African American com- and introduce legislation that will spite her ties to the New York artists’ munity of Family, Church, Politics and greatly help many people. movement, her roots in Massachusetts Culture, I would like to acknowledge a Our community also is extremely run deep. Ms. West was born near Mar- few of the outstanding contributions of privileged to have an organization with tha’s Vineyard and spent nearly her en- African Americans in the state of Min- the capacity and outreach of African tire life there. Ms. West became an nesota. Their efforts have helped shape American Family Services. For 25 award-winning writer when she was the social, economic and political land- years, this organization has reached still a teenager, and she started and scape of that vibrant community as out to the community to provide cul- edited several literary magazines that well as the community at large. turally specific services and programs focused on black writers of the era. She Just recently, the United States ranging from providing critical serv- returned to Martha’s Vineyard to fin- Postal Service issued a stamp in its ices in clinical health, family preserva- ish her first novel, The Living is Easy, Postal Service’s Black Heritage com- tion, domestic violence, and adolescent published in 1948, and to write her sec- memorative series. This stamp com- violence prevention and anger manage- ond novel, The Wedding, later pub- memorates the life and accomplishment. In addition, this organization lished in 1995. ments of one of the great leaders of the provides its clients and the community These stories provide meaningful civil rights movement, Mr. Roy Wil- with a resource center, which includes snapshot of how African Americans kins, who grew up in St. Paul and at- a resource library and a technical as- have contributed greatly to Massachu- tended the University of Minnesota. In sistance center, which creates training setts and our Nation. Their triumphs, 1931 he was appointed assistant execu- programs to educate human resource along with the everyday achievements tive secretary of the National Associa- professionals on enhancing service de- of African-Americans in my state, tion for the Advancement of Colored livery to African American clients. should be applauded. I am proud that People, NAACP, the largest civil rights A tribute to some of the heroes of the my State has such a richly diverse his- organization in the U.S. From 1934 to community would not be complete tory and I’m pleased we have set aside 1949 he was editor of The Crisis, the of- without a mention of two men who this month to commemorate these ac- ficial magazine of the NAACP. Wilkins brought so much joy to the fans of the complished individuals. I hope as a Na- served as a consultant to the War De- Minnesota Twins. Mr. Kirby Puckett tion we will remember these achieve- partment on black employment during and Mr. Dave Winfield, who were both ments not only this month, but every- World War II. After the war he contin- inducted into Major League Baseball’s day. ued his service to the NAACP; he was Hall of Fame, provided Twins fans in Mr. WELLSTONE. Mr. President, I executive secretary from 1955 to 1965 Minnesota and around the country rise today to speak on behalf of this and executive director from 1965 until with some spectacular plays which will year’s Black History Month theme, his retirement in 1977. He played a forever be in our memories. Aside from ‘‘Creating and Defining the African major role in the preparation of Brown their outstanding professional accom- American Community: Family, versus Board of Education of Topeka, plishments, both players continue to be Church, Politics and Culture.’’ I would 1954, and was one of the organizers of exemplary role models and community like to note that while we take time in the March on Washington in 1963. It is leaders. February to recall the contributions, only fitting that the legacy of a man of Let us take this opportunity to re- accomplishments and services that our such integrity, vision, and deep convic- dedicate and re-invigorate ourselves, as fellow citizens have rendered, it is im- tion is given tribute through this spe- Americans, to the cause of working to- portant to remember that the con- cial recognition. His leadership and gether to create a society which not tributions of African Americans to dedication to the civil rights cause is only understands the concept of unity America happen everyday in every exemplary. in diversity, but lives it; which not walk of life. I am proud to honor the religious only preaches economic justice, but Moreover, in our review of these vital community not only for their spiritual implements it; that not only espouses contributions, we are called upon to ac- guidance of the African American com- equality of opportunity, but ensures it.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00042 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 2246 CONGRESSIONAL RECORD—SENATE February 26, 2001 JUNIOR RESERVE OFFICERS peacetime and in war. Many of them Leon approached his work with a can- TRAINING CORPS have made the ultimate sacrifice in the do attitude, and balanced what needs Mr. GRAHAM. Mr. President, on Feb- cause of freedom and we honor their to be done with what can be done. ruary 15th, I was pleased to join Sen- memory. Throughout his career, Leon accom- ator THURMOND in introducing a bill They serve on ships, in squadrons, on plished a great deal for transportation that would remove current restrictions staffs, and in hospitals performing a in New Hampshire. The people of this preventing the expansion of the Junior myriad of tasks essential to mission state look upon him with tremendous Reserve Officers Training Corps, accomplishment. Seamlessly inte- gratitude and admiration for all that JROTC. This bill would also address grated alongside their active-duty ship- he has done. I have often sought Leon’s the shortage of JROTC instructors by mates you cannot tell the difference support and expertise on transpor- expanding the qualifying criteria to between them. This is the reality of to- tation issues. We worked closely to- National Guard and Reserve Officers. day’s total force and what enables our gether to make sure that New Hamp- There is nearly unanimous agreement marvelous military to remain engaged shire’s needs were met in the Transpor- that JROTC is turning today’s children around the world. tation Equity Act for the 21st Century. into tomorrow’s leaders. Additionally, They have a proud heritage and a Under his leadership, the DOT not only high school performance measures con- bright future. In the spirit of the Min- secured funding to complete major sistently indicate that JROTC cadets utemen of Lexington and Concord highway projects including Route 101 attend class more frequently, are re- these great Americans stand ready to and I–93, but also placed more emphasis sponsible for fewer disciplinary infrac- answer their Nation’s call at any time, on environmental protection, car pools, tions, and are more likely to graduate. and the world is a better place because express bus, rail and other new pro- JROTC’s blend of local, State, and Fed- of the sacrifice they and their families grams. eral involvement has also been a model make. It is an honor and a privilege to serve for good government, and it has spon- In my hometown of New Orleans, we Leon Kenison in the U.S. Senate and I sored teamwork not just in its cadets are fortunate enough to be rich in wish him and his family godspeed in but also in the agencies responsible for Naval history and tradition. We are the his retirement and in all of their future the program. As many members know, proud home of the Naval Reserve Head- endeavors. ∑ I have long been a supporter of the quarters where Rear Admiral John f JROTC program, having secured $27 Totushek commands more than 88,000 million in supplemental appropriation reservists across the United States and MESSAGE FROM THE PRESIDENT for JROTC in 1999. By removing the around the world. A message from the President of the current limitations on its expansion, As we set out in this new century, United States was communicated to we are enabling more students to par- the importance of the Naval Reserve the Senate by Ms. Evans, one of his ticipate in what has proven to be an ex- has never been more clear. Tomorrow, secretaries. emplary program. The legislation as today and for generations past, the EXECUTIVE MESSAGE REFERRED would remove the congressionally- razor sharp readiness of the United As in executive session the Presiding mandated ceiling of 3,500 JROTC units. States Navy serves as a beacon to Officer laid before the Senate a mes- It would also allow the Marine Corps to America’s friends and a warning to our sage from the President of the United continue to expand their program enemies, promising swift action, great States submitting a nomination which which had previously been capped at victories and richer traditions yet to was referred to the Committee on Fi- 210 units. All together the Army, Air come. nance. Force, Navy, and Marine Corps have On this day, I offer warmest regards (The nomination received today is more than 2,700 school units totaling to all members of the Naval Reserve, printed at the end of the Senate pro- over 425,000 cadets, with hundreds of and to the families who also serve by ceedings.) supporting them. You represent all schools nationwide on waiting lists for f a JROTC program. JROTC has carried that is wonderful about our Nation. bipartisan support since Congress es- f EXECUTIVE AND OTHER tablished it in 1926. COMMUNICATIONS ADDITIONAL STATEMENTS I urge my colleagues to support this The following communications were legislation. laid before the Senate, together with f TRIBUTE TO LEON KENISON UPON accompanying papers, reports, and doc- NAVAL RESERVE’S 86TH HIS RETIREMENT uments, which were referred as indicated: BIRTHDAY ∑ Mr. SMITH of New Hampshire. Mr. Ms. LANDRIEU. Mr. President, on President, I rise today to honor Leon EC–681. A communication from the Chief of Kenison, an exemplary public official the Regulations Unit, Internal Revenue March 3rd we honor the 86th birthday Service, Department of the Treasury, trans- of the United States Naval Reserve. who dedicated himself to serving the mitting, pursuant to law, the report of a rule Since 1915 the Naval Reserve has exem- people of New Hampshire for almost entitled ‘‘Weighted Average Interest Rate plified the highest virtues of loyalty, four decades. As Commissioner of the Update’’ (Notice 2001–15) received on Feb- service, and sacrifice. They have served Department of Transportation since ruary 13, 2001; to the Committee on Finance. and fought alongside their active duty 1996, he has brought to the office the EC–682. A communication from the Chief of comrades from the Atlantic to the far professional skills and knowledge of the Regulations Unit, Internal Revenue reaches of the Pacific, to the jungles of the politics and practice of road build- Service, Department of the Treasury, trans- ing so vital to an agency that touches mitting, pursuant to law, the report of a rule Vietnam and across the vast expanse of entitled ‘‘Disclosure of Return Information the Arabian desert as a battle-tested the lives of every person who lives in or to the Bureau of the Census’’ ((RIN1545– and skilled force that is the envy of the visits the Granite State. AY51)(TD8943)) received on February 13, 2001; world. Leon began his career with the De- to the Committee on Finance. Back in 1915, no one could have imag- partment of Transportation in 1963, a EC–683. A communication from the Chief of ined the role that fledgling naval re- week before graduating from the Uni- the Regulations Unit, Internal Revenue serve would play in supporting the versity of New Hampshire. He is widely Service, Department of the Treasury, trans- Navy today. The term ‘‘Weekend War- respected for his transportation exper- mitting, pursuant to law, the report of a rule rior’’ no longer applies to these citizen- tise at state, regional and national lev- entitled ‘‘CPI Adjustment for Below-market Loans for 2001; Correction’’ (Ann. 2001–19) re- soldiers. As a trained, professional and els, and has chaired several key com- ceived on February 13, 2001; to the Com- well-equipped cadre of dedicated men mittees for the American Association mittee on Finance. and women, they are a key component of State Highway Transportation Offi- EC–684. A communication from the Chief of of everything the Navy does, both in cials. During his tenure with the DOT, the Regulations Unit, Internal Revenue

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00043 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2247 Service, Department of the Treasury, trans- dian Reservation Roads Funds’’ (RIN1076– Proceeds’’ (Revenue Rule 2001–6) received on mitting, pursuant to law, the report of a rule AE09) received on February 16, 2001; to the February 12, 2001; to the Committee on Fi- entitled ‘‘Purchase Price Allocations in Committee on Indian Affairs. nance. Deemed and Actual Asset Acquisitions’’ EC–695. A communication from the Assist- EC–704. A communication from the Chief of ((RIN1545–AY73)(TD8940)) received on Feb- ant Chief Counsel for Legislation and Regu- the Regulations Unit, Internal Revenue ruary 13, 2001; to the Committee on Finance. lations, Federal Transit Administration, De- Service, Department of the Treasury, trans- EC–685. A communication from the Chief of partment of Transportation, transmitting, mitting, pursuant to law, the report of a rule the Regulations Unit, Internal Revenue pursuant to law, the report of a rule entitled entitled ‘‘Intermediary Transactions Tax Service, Department of the Treasury, trans- ‘‘Major Capital Investment Projects; Delay Shelter’’ (Notice 2001–16, 2001–9) received on mitting, pursuant to law, the report of a rule of Effective Date’’ ((RIN2132–AA63)(2001– February 12, 2001; to the Committee on Fi- entitled ‘‘Electronic Payee Statements’’ 0001)) received on February 12, 2001; to the nance. (RIN1545–AY00) received on February 13, 2001; Committee on Environment and Public EC–705. A communication from the Chief of to the Committee on Finance. Works. the Regulations Unit, Internal Revenue EC–686. A communication from the Chair- EC–696. A communication from the Regula- Service, Department of the Treasury, trans- man of the Nuclear Regulatory Commission, tions Officer of the Federal Highway Admin- mitting, pursuant to law, the report of a rule transmitting, pursuant to law, the Annual istration, Department of Transportation, entitled ‘‘Contingent Liability Tax Shelter’’ Report of the Administration of the Govern- transmitting, pursuant to law, the report of (Notice 2001–17, 2001–9) received on February ment in the Sunshine Act for Calendar Year a rule entitled ‘‘Intelligent Transportation 12, 2001; to the Committee on Finance. 2000; to the Committee on Governmental Af- System Architecture Standards; Delay of Ef- EC–706. A communication from the Chief of fairs. fective Date’’ ((RIN2125–AE65)(2001–0001)) re- the Regulations Unit, Internal Revenue EC–687. A communication from the Chair- ceived on February 12, 2001; to the Com- Service, Department of the Treasury, trans- man of the Board of Governors, Federal Re- mittee on Environment and Public Works. mitting, pursuant to law, the report of a rule serve System, transmitting, pursuant to law, EC–697. A communication from the Assist- entitled ‘‘Appeals Settlement Guidelines: the semiannual Monetary Policy Report for ant to the Board of Governors, Federal Re- Retroactive Adoption of an Accident and the period from July 2000 through February serve System, transmitting, pursuant to law, Health Plan’’ (UIL105.06–05) received on Feb- 2001; to the Committee on Banking, Housing, the report of a rule entitled ‘‘Credit by Bro- ruary 12, 2001; to the Committee on Finance. and Urban Affairs. kers and Dealers (Regulation T); List of For- EC–707. A communication from the Chief of EC–688. A communication from Deputy As- eign Margin Stocks’’ received on February the Regulations Unit, Internal Revenue sociate Administrator of the Environmental 20, 2001; to the Committee on Banking, Hous- Service, Department of the Treasury, trans- Protection Agency, transmitting, pursuant ing, and Urban Affairs. mitting, pursuant to law, the report of a rule to law, the report of a rule entitled ‘‘Further EC–698. A communication from the Acting entitled ‘‘Modification of Revenue Procedure Revisions to the Clean Water Act Regulatory Administrator of Transportation and Mar- 99–18 (Debt Substitutions)’’ (Rev. Proc. 2001– Definition of ‘Discharge of Dredged Mate- keting, Department of Agriculture, trans- 21, 2001–9) received on February 12, 2001; to rial’: Delay of Effective Date’’ (FRL6945–3) mitting, pursuant to law, the report of a rule the Committee on Finance. received on February 12, 2001; to the Com- entitled ‘‘National Organic Program’’ EC–708. A communication from the Chief of mittee on Environment and Public Works. (RIN0581–AA40) received on February 21, 2001; the Regulations Unit, Internal Revenue EC–689. A communication from the Deputy to the Committee on Agriculture, Nutrition, Service, Department of the Treasury, trans- Associate Administrator of the Environ- and Forestry. mitting, pursuant to law, the report of a rule mental Protection Agency, transmitting, EC–699. A communication from the Con- entitled ‘‘Guidance Under Section 472 Re- pursuant to law, the report of a rule entitled gressional Review Coordinator of Policy and garding the Dollar-Value LIFO Inventory ‘‘Lead and Lead Compounds; Lowering of Re- Program Development, Animal and Plant Method—Used Cars’’ (Rev. Proc. 2001–23) reporting Thresholds; Community Right-to- Health Inspection Service, Department of ceived on February 12, 2001; to the Com- Know Toxic Chemical Release Reporting; Agriculture, transmitting, pursuant to law, mittee on Finance. Delay of Effective Date’’ (FRL6722–10) re- the report of a rule entitled ‘‘Specifically EC–709. A communication from the Chief of ceived on February 13, 2001; to the Com- Approved States Authorized to Receive the Regulations Unit, Internal Revenue mittee on Environment and Public Works. Mares and Stallions Imported from Regions Service, Department of the Treasury, trans- EC–690. A communication from the Chair- where CEM Exists’’ (Docket No. 00–115–3) re- mitting, pursuant to law, the report of a rule man of the Federal Energy Regulatory Com- ceived on February 21, 2001; to the Com- entitled ‘‘Update of Employee Plans Correc- mission, transmitting, pursuant to law, the mittee on Agriculture, Nutrition, and For- tion Procedures in Revenue Procedure 2000– annual report concerning internal account- estry. 16’’ (Rev. Proc. 2001–17) received on February ing and financial controls for Fiscal Year EC–700. A communication from the Deputy 12, 2001; to the Committee on Finance. 2000; to the Committee on Energy and Nat- Assistant Secretary of Fish, Wildlife and EC–710. A communication from the Chief of ural Resources. Parks, Ranger Activities Division Regula- the Regulations Unit, Internal Revenue EC–691. A communication from the Pro- tions Program, Department of the Interior, Service, Department of the Treasury, trans- gram Analyst of the Federal Aviation Ad- transmitting, pursuant to law, the report of mitting, pursuant to law, the report of a rule ministration, Department of Transportation, a rule entitled ‘‘Special Regulations; Areas entitled ‘‘Application of Employment Taxes transmitting, pursuant to law, the report of of the National Park System; Winter Use in to Statutory Options’’ (Notice 2001–14) re- a rule entitled ‘‘Amendment to Class E Air- Yellowstone National Park, Grand Teton Na- ceived on February 12, 2001; to the Com- space; Albia, IA; docket no. 00–ACE–33’’ tional Park, and Rockefeller Parkway’’ mittee on Finance. ((RIN2120–AA66)(2001–0049)) received on Feb- (RIN1024–AC82) received on February 12, 2001; EC–711. A communication from the Chief of ruary 12, 2001; to the Committee on Com- to the Committee on Energy and Natural Re- the Regulations Unit, Internal Revenue merce, Science, and Transportation. sources. Service, Department of the Treasury, trans- EC–692. A communication from the Pro- EC–701. A communication from the Assist- mitting, pursuant to law, the report of a rule gram Analyst of the Federal Aviation Ad- ant Secretary of Land and Minerals Manage- entitled ‘‘Applicable Federal Rates—Feb- ministration, Department of Transportation, ment, Economics Division, Department of ruary 2001’’ (Rev. Rule 2001–7) received on transmitting, pursuant to law, the report of the Interior, transmitting, pursuant to law, February 12, 2001; to the Committee on Fi- a rule entitled ‘‘Establishment of Class E the report of a rule entitled ‘‘Outer Conti- nance. Airspace; Cape Lisburne, AK; docket no. 00– nental Shelf Oil and Gas Leasing’’ (RIN1010– EC–712. A communication from the Chief of AAL–11’’ ((RIN2120–AA66)(2001–0035)) received AC69) received on February 21, 2001; to the the Regulations Unit, Internal Revenue on February 12, 2001; to the Committee on Committee on Energy and Natural Re- Service, Department of the Treasury, trans- Commerce, Science, and Transportation. sources. mitting, pursuant to law, the report of a rule EC–693. A communication from the Acting EC–702. A communication from the Chief of entitled ‘‘Earnings and Profits Adjustments Assistant Secretary of Legislative Affairs, the Regulations Branch, U.S. Customs Serv- on Exercise of Option’’ (Rev. Rule 2001–1, Department of State, transmitting, pursuant ice, Department of the Treasury, transmit- 2001–9) received on February 12, 2001; to the to law, the report of a rule entitled ‘‘Visas: ting, pursuant to law, the report of a rule en- Committee on Finance. Aliens Ineligible to Transit Without Visas titled ‘‘Duty-Free Treatment for Certain EC–713. A communication from the Chief of (TWOV)’’ (RIN1400–AA48) received on Feb- Beverages Made with Caribbean Rum’’ the Regulations Unit, Internal Revenue ruary 13, 2001; to the Committee on Foreign (RIN1515–AC78) received on February 12, 2001; Service, Department of the Treasury, trans- Relations. to the Committee on Finance. mitting, pursuant to law, the report of a rule EC–694. A communication from the Acting EC–703. A communication from the Chief of entitled ‘‘Modification of Revenue Rule 2001– Assistant Secretary of the Division of Trans- the Regulations Unit, Internal Revenue 4’’ (Notice 2001–23) received on February 21, portation, Department of the Interior, trans- Service, Department of the Treasury, trans- 2001; to the Committee on Finance. mitting, pursuant to law, the report of a rule mitting, pursuant to law, the report of a rule EC–714. A communication from the Chief of entitled ‘‘Distribution of Fiscal Year 2001 In- entitled ‘‘Deductibility of ESOP Redemption the Regulations Unit, Internal Revenue

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00044 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 2248 CONGRESSIONAL RECORD—SENATE February 26, 2001 Service, Department of the Treasury, trans- AF17)(2001–0002)) received on February 12, (RIN2115–AF72) received on February 12, 2001; mitting, pursuant to law, the report of a rule 2001; to the Committee on Commerce, to the Committee on Commerce, Science, entitled ‘‘Repeal of Installment Sale Restric- Science, and Transportation. and Transportation. tion for Accrual Taxpayers’’ (Notice 2001–22) EC–723. A communication from the Chief of EC–731. A communication from the Chief of received on February 21, 2001; to the Com- the Office of Regulations and Administrative the Office of Regulations and Administrative mittee on Finance. Law, United States Coast Guard, Depart- Law, United States Coast Guard, Depart- EC–715. A communication from the Chief of ment of Transportation, transmitting, pur- ment of Transportation, transmitting, pur- the Regulations Unit, Internal Revenue suant to law, the report of a rule entitled suant to law, the report of a rule entitled Service, Department of the Treasury, trans- ‘‘Revision to Federal Blood Alcohol Con- ‘‘Drawbridge Regulations; Elizabeth River, mitting, pursuant to law, the report of a rule centration (BAC) Standards for Recreational Eastern Branch, Norfolk, Virginia (CGD05– entitled ‘‘Modification of Section 13.02 of the Vessel Operators (USCA–1998–4593): Delay of 98–090)’’ ((RIN2115–AE47)(2001–0009)) received Appendix to Revenue Procedure 99–49’’ (Rev. Effective Date’’ ((RIN2115–AF72)(2001–0002)) on February 12, 2001; to the Committee on Proc. 2001–25, 2001–12) received on February received on February 12, 2001; to the Com- Commerce, Science, and Transportation. 21, 2001; to the Committee on Finance. mittee on Commerce, Science, and Transpor- EC–732. A communication from the Chief of EC–716. A communication from the Acting tation. the Office of Regulations and Administrative Vice President of Government Affairs, Na- EC–724. A communication from the Chief of Law, United States Coast Guard, Depart- tional Railroad Passenger Corporation, the Office of Regulations and Administrative ment of Transportation, transmitting, pur- transmitting, pursuant to law, Amtrak’s An- Law, United States Coast Guard, Depart- suant to law, the report of a rule entitled nual Report, Legislative Report, and Grant ment of Transportation, transmitting, pur- ‘‘Safety/Security Zone Regulations; Request for Fiscal Year 2001; to the Com- suant to law, the report of a rule entitled Wrangell Narrows, Petersburg, AK (COTP mittee on Commerce, Science, and Transpor- ‘‘Drawbridge Regulations; Harlem River, NY Southeast Alaska 01–001)’’ ((RIN2115– tation. (CGD01–01–008)’’ ((RIN2115–AE47)(2001–0013)) AA97)(2001–0002)) received on February 12, EC–717. A communication from the Trial received on February 12, 2001; to the Com- 2001; to the Committee on Commerce, Attorney of the Federal Railroad Adminis- mittee on Commerce, Science, and Transpor- Science, and Transportation. tration, Department of Transportation, tation. transmitting, pursuant to law, the report of EC–725. A communication from the Chief of f a rule entitled ‘‘Track Safety Standards the Office of Regulations and Administrative Amendment to Address Gage Restraint Law, United States Coast Guard, Depart- Measurement Systems: Delay of Effective ment of Transportation, transmitting, pur- INTRODUCTION OF BILLS AND Date’’ ((RIN2130–AB32)(2001–0002)) received on suant to law, the report of a rule entitled JOINT RESOLUTIONS February 12, 2001; to the Committee on Com- ‘‘Drawbridge Regulations; Sanibel Causeway The following bills and joint resolu- merce, Science, and Transportation. Bridge (CGD07–01–005)’’ ((RIN2115–AE47)(2001– tions were introduced, read the first EC–718. A communication from the Deputy 0012)) received on February 12, 2001; to the Chief Counsel of the Research and Special Committee on Commerce, Science, and and second times by unanimous con- Programs Administration, Office of Pipeline Transportation. sent, and referred as indicated: Safety, Department of Transportation, EC–726. A communication from the Chief of By Mr. MURKOWSKI (for himself, Mr. transmitting, pursuant to law, the report of the Office of Regulations and Administrative BREAUX, Mr. LOTT, Mr. VOINOVICH, a rule entitled ‘‘Pipeline Safety: Pipeline In- Law, United States Coast Guard, Depart- Mr. DOMENICI, Mr. CRAIG, Mr. CAMP- tegrity Management in High Consequence ment of Transportation, transmitting, pur- BELL, Mr. THOMAS, Mr. SHELBY, Mr. Areas (Hazardous Liquid Operators with 500 suant to law, the report of a rule entitled BURNS, Mr. HAGEL, Mr. STEVENS, and or more miles of pipelines): Delay of Effec- ‘‘Drawbridge Regulations; Chelsea River, MA Mr. HUTCHINSON): tive Date’’ ((RIN2137–AD45)(2001–0002)) re- (CGD01–01–013)’’ ((RIN2115–AE47)(2001–0011)) S. 388. A bill to protect the energy and se- ceived on February 12, 2001; to the Com- received on February 12, 2001; to the Com- curity of the United States and decrease mittee on Commerce, Science, and Transpor- mittee on Commerce, Science, and Transpor- America’s dependency on foreign oil sources tation. tation. to 50% by the year 2011 by enhancing the use EC–719. A communication from the Deputy EC–727. A communication from the Chief of of renewable energy resources conserving en- Chief Counsel of the Research and Special the Office of Regulations and Administrative ergy resources, improving energy effi- Programs Administration, Office of Pipeline Law, United States Coast Guard, Depart- ciencies, and increasing domestic energy Safety, Department of Transportation, ment of Transportation, transmitting, pur- supplies; improve environmental quality by transmitting, pursuant to law, the report of suant to law, the report of a rule entitled reducing emissions of air pollutants and a rule entitled ‘‘Areas Unusually Sensitive ‘‘Drawbridge Regulations; Brorein Street greenhouse gases; mitigate the effect of in- to Environmental Damage: Delay of Effec- Bridge, across the Hillsborough River, creases in energy prices on the American tive Date’’ ((RIN2137–AC34)(2001–0002)) re- Tampa, FL (CGD07–01–009)’’ ((RIN2115– consumer, including the poor and the elder- ceived on February 12, 2001; to the Com- AE47)(2001–0010)) received on February 12, ly; and for other purposes; to the Committee mittee on Commerce, Science, and Transpor- 2001; to the Committee on Commerce, on Energy and Natural Resources. tation. Science, and Transportation. By Mr. MURKOWSKI (for himself, Mr. EC–720. A communication from the Regula- EC–728. A communication from the Chief of BREAUX, Mr. LOTT, Mr. VOINOVICH, tions Officer of the Federal Motor Carrier the Office of Regulations and Administrative Mr. DOMENICI, Mr. CRAIG, Mr. CAMP- Safety Administration, Department of Law, United States Coast Guard, Depart- BELL, Mr. THOMAS, Mr. SHELBY, Mr. Transportation, transmitting, pursuant to ment of Transportation, transmitting, pur- BURNS, Mr. HAGEL, Mr. STEVENS, and law, the report of a rule entitled ‘‘Federal suant to law, the report of a rule entitled Mr. HUTCHINSON): Motor Carrier Safety Regulations; Definition ‘‘Drawbridge Regulations; Sacramento S. 389. A bill to protect the energy and se- of Commercial Motor Vehicle (CMV) Re- River, CA (CGD11–01–001)’’ ((RIN2115– curity of the United States and decrease quirements for Operators of Small Pas- AE47)(2001–0015)) received on February 12, America’s dependency on foreign oil sources senger—Carrying CMV’s’’ (RIN2126–AA51) re- 2001; to the Committee on Commerce, to 50% by the year 2011 by enhancing the use ceived on February 12, 2001; to the Com- Science, and Transportation. of renewable energy resources conserving en- mittee on Commerce, Science, and Transpor- EC–729. A communication from the Chief of ergy resources, improving energy effi- tation. the Office of Regulations and Administrative ciencies, and increasing domestic energy EC–721. A communication from the Attor- Law, United States Coast Guard, Depart- supplies; improve environmental quality by ney of the National Highway Traffic Safety ment of Transportation, transmitting, pur- reducing emissions of air pollutants and Administration, Department of Transpor- suant to law, the report of a rule entitled greenhouse gases; mitigate the effect of in- tation, transmitting, pursuant to law, the re- ‘‘Drawbridge Regulations; Hillsborough creases in energy prices on the American port of a rule entitled ‘‘Electric Vehicle River, Tampa, FL (CGD07–01–003)’’ ((RIN2115– consumer, including the poor and the elder- Safety: Delay of Effective Date’’ ((RIN2127– AE47)(2001–0014)) received on February 12, ly; and for other purposes; to the Committee AF43)(2001–0001)) received on February 12, 2001; to the Committee on Commerce, on Finance. 2001; to the Committee on Commerce, Science, and Transportation. By Mr. INOUYE: Science, and Transportation. EC–730. A communication from the Chief of S. 390. A bill for the relief of Jim K. EC–722. A communication from the Chief of the Office of Regulations and Administrative Yoshida; to the Committee on Veterans’ Af- the Office of Regulations and Administrative Law, United States Coast Guard, Depart- fairs. Law, United States Coast Guard, Depart- ment of Transportation, transmitting, pur- By Mr. SPECTER: ment of Transportation, transmitting, pursuant to law, the report of a rule entitled S. 391. A bill to establish the Steel Indus- suant to law, the report of a rule entitled ‘‘Revision to Federal Blood Alcohol Con- try National Historic Park in the Common- ‘‘Regattas and Marine Parades (CGD 95–054): centration (BAC) Standard for Recreational wealth of Pennsylvania; to the Committee Delay of Effective Date’’ ((RIN2115– Vessel Operators (USCG–1998–4593)’’ on Energy and Natural Resources.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00045 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2249 ADDITIONAL COSPONSORS S. 123 S. 289 At the request of Mrs. FEINSTEIN, the At the request of Mr. SESSIONS, the S. 29 name of the Senator from Hawaii (Mr. names of the Senator from Tennessee At the request of Mr. BOND, the names of the Senator from New Mexico AKAKA) was added as a cosponsor of S. (Mr. THOMPSON) and the Senator from 123, a bill to amend the Higher Edu- Georgia (Mr. CLELAND) were added as (Mr. DOMENICI) and the Senator from cation Act of 1965 to extend loan for- cosponsors of S. 289, a bill to amend the Arkansas (Mr. HUTCHINSON) were added giveness for certain loans to Head Internal Revenue Code of 1986 to pro- as cosponsors of S. 29, a bill to amend Start teachers. vide additional tax incentives for edu- the Internal Revenue Code of 1986 to S 135 cation. allow a deduction for 100 percent of the . health insurance costs of self-employed At the request of Mrs. FEINSTEIN, the S. 295 individuals. name of the Senator from Hawaii (Mr. At the request of Mr. KERRY, the INOUYE) was added as a cosponsor of S. name of the Senator from Hawaii (Mr. S. 39 135, a bill to amend title XVIII of the AKAKA) was added as a cosponsor of S. At the request of Mr. LEAHY, his Social Security Act to improve pay- 295, a bill to provide emergency relief name was added as a cosponsor of S. 39, ments for direct graduate medical edu- to small businesses affected by signifi- a bill to provide a national medal for cation under the medicare program. cant increases in the prices of heating public safety officers who act with ex- S. 154 oil, natural gas, propane, and kerosene, traordinary valor above and beyond the At the request of Mr. SHELBY, the and for other purposes. call of duty, and for other purposes. names of the Senator from Alabama S. 325 At the request of Mr. STEVENS, the (Mr. SESSIONS) and the Senator from At the request of Mr. FRIST, the names of the Senator from Utah (Mr. Georgia (Mr. MILLER) were added as co- names of the Senator from Hawaii (Mr. BENNETT), the Senator from Alabama sponsors of S. 154, a bill to amend the INOUYE) and the Senator from Massa- (Mr. SHELBY), the Senator from Ken- Uniformed and Overseas Citizens Ab- chusetts (Mr. KENNEDY) were added as tucky (Mr. MCCONNELL), the Senator sentee Voting Act to ensure uniform cosponsors of S. 325, a bill to establish from North Carolina (Mr. HELMS), the treatment by States of Federal over- a congressional commemorative medal Senator from Tennessee (Mr. FRIST), seas absentee ballots, to amend titles for organ donors and their families. the Senator from Iowa (Mr. HARKIN), 10 and 18, United States Code, and the S. 326 the Senator from Massachusetts (Mr. Revised Statutes to remove the uncer- At the request of Ms. COLLINS, the KERRY), and the Senator from Massa- tainty regarding the authority of the names of the Senator from Montana chusetts (Mr. KENNEDY) were added as Department of Defense to permit build- (Mr. BURNS) and the Senator from New cosponsors of S. 39, supra. ings located on military installations Jersey (Mr. TORRICELLI) were added as S. 60 and reserve component facilities to be cosponsors of S. 326, a bill to amend At the request of Mr. BYRD, the used as polling places in Federal, title XVIII of the Social Security Act names of the Senator from South Da- State, and elections for public office, to eliminate the 15 percent reduction kota (Mr. JOHNSON) and the Senator and for other purposes. in payment rates under the prospective from Tennessee (Mr. THOMPSON) were S. 170 payment system for home health serv- added as cosponsors of S. 60, a bill to At the request of Mr. REID, the ices and to permanently increase pay- authorize the Department of Energy names of the Senator from Arkansas ments for such services that are fur- programs to develop and implement an (Mrs. LINCOLN), the Senator from nished in rural areas. accelerated research and development Maine (Ms. COLLINS), and the Senator S. 343 program for advanced clean coal tech- from Minnesota (Mr. DAYTON) were At the request of Mr. CAMPBELL, the nologies for use in coal-based elec- added as cosponsors of S. 170, a bill to name of the Senator from South Da- tricity generating facilities and to amend title 10, United States Code, to kota (Mr. JOHNSON) was added as a co- amend the Internal Revenue Code of permit retired members of the Armed sponsor of S. 343, a bill to establish a 1986 to provide financial incentives to Forces who have a service-connected demonstration project to authorize the encourage the retrofitting, repowering, disability to receive both military re- integration and coordination of Fed- or replacement of coal-based elec- tired pay by reason of their years of eral funding dedicated to the commu- tricity generating facilities to protect military service and disability com- nity, business, and economic develop- the environment and improve effi- pensation from the Department of Vet- ment of Native American communities. ciency and encourage the early com- erans Affairs for their disability. S. 379 mercial application of advanced clean S. 216 At the request of Mr. SCHUMER, the coal technologies, so as to allow coal to At the request of Mr. SPECTER, the name of the Senator from Indiana (Mr. help meet the growing need of the name of the Senator from Indiana (Mr. BAYH) was added as a cosponsor of S. United States for the generation of re- BAYH) was added as a cosponsor of S. 379, a bill to establish the National liable and affordable electricity. 216, a bill to establish a Commission for Commission on the Modernization of S. 99 the comprehensive study of voting pro- Federal Elections to conduct a study of At the request of Mr. KOHL, the name cedures in Federal, State, and local Federal voting procedures and election of the Senator from Louisiana (Ms. elections, and for other purposes. administration, to establish the Fed- LANDRIEU) was added as a cosponsor of S. 278 eral Election Modernization Grant Pro- S. 99, a bill to amend the Internal Rev- At the request of Mr. JOHNSON, the gram to provide grants to States and enue Code of 1986 to provide a credit name of the Senator from Maine (Ms. localities for the modernization of vot- against tax for employers who provide COLLINS) was added as a cosponsor of S. ing procedures and election adminis- child care assistance for dependents of 278, a bill to restore health care cov- tration, and for other purposes. their employees, and for other pur- erage to retired members of the uni- S.CON.RES. 4 poses. formed services. At the request of Mr. NICKLES, the S. 120 S. 281 name of the Senator from Kansas (Mr. At the request of Mrs. FEINSTEIN, the At the request of Mr. HAGEL, the ROBERTS) was added as a cosponsor of name of the Senator from Hawaii (Mr. names of the Senator from Virginia S.Con.Res. 4, a concurrent resolution AKAKA) was added as a cosponsor of S. (Mr. WARNER), the Senator from Maine expressing the sense of Congress re- 120, a bill to establish a demonstration (Ms. SNOWE), and the Senator from garding housing affordability and en- project to increase teacher salaries and Ohio (Mr. DEWINE) were added as co- suring a competitive North American employee benefits for teachers who sponsors of S. 281, a bill to authorize market for softwood lumber. enter into contracts with local edu- the design and construction of a tem- S.CON.RES. 7 cational agencies to serve as master porary education center at the Viet- At the request of Mr. KERRY, the teachers. nam Veterans Memorial. names of the Senator from Texas (Mrs.

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HUTCHISON) and the Senator from the 1944 deportation of the Chechen Highlights of such a national park North Carolina (Mr. HELMS) were added people to central Asia, and for other would commemorate a wide range of as cosponsors of S.Con.Res. 7, a concur- purposes. accomplishments and topics for histor- rent resolution expressing the sense of f ical preservation and interpretation Congress that the United States should from industrial process advancements STATEMENTS ON INTRODUCED establish an international education to labor-management relations. It is BILLS AND JOINT RESOLUTIONS policy to enhance national security important to note that the site I seek and significantly further United States By Mr. SPECTER: to become a national park under this foreign policy and global competitive- S. 391. A bill to establish the Steel bill includes the location of the Battle ness. Industry National Historic Park in the of Homestead, waged in 1892 between Commonwealth of Pennsylvania; to the S.CON.RES. 11 steelworkers and Pinkerton guards. Committee on Energy and Natural Re- At the request of Mrs. FEINSTEIN, the The Battle of Homestead marked an sources. names of the Senator from North Da- important period in our nation’s work- Mr. SPECTER. Mr. President, I have ers’ rights movement. The Common- kota (Mr. DORGAN), the Senator from sought recognition to introduce legis- Washington (Mrs. MURRAY), the Sen- wealth of Pennsylvania, individuals, lation that will honor the importance and public and private entities have at- ator from Delaware (Mr. BIDEN), the of the steel industry in the Common- tempted to protect and preserve re- Senator from Oklahoma (Mr. INHOFE), wealth of Pennsylvania and the nation sources such as the Homestead battle- and the Senator from Nevada (Mr. EN- by creating the ‘‘Steel Industry Na- ground and the Hot Metal Bridge. For SIGN) were added as cosponsors of tional Historic Park’’ to be operated by the benefit and inspiration of present S.Con.Res. 11, a concurrent resolution the National Park Service in south- and future generations, it is time for expressing the sense of Congress to western Pennsylvania. fully use the powers of the Federal The importance of steel to the indus- the federal government to join this ef- Government to enhance the science trial development of the United States fort to recognize their importance with base required to more fully develop the cannot be understated. A national park the additional protection I provide in field of health promotion and disease devoted to the history of the steel in- this bill. prevention, and to explore how strate- dustry will afford all Americans the op- I would like to commend my col- gies can be developed to integrate life- portunity to celebrate this rich herit- league, Representative MIKE DOYLE, style improvement programs into na- age, which is symbolic of the work who has been a longstanding leader in tional policy, our health care system, ethic endemic to this great nation. this preservation effort and who will schools, workplaces, families and com- There is no better place for such a site sponsor the companion legislation in munities. than in southwestern Pennsylvania, the House of Representatives. I look S.RES. 19 which played a significant role in early forward to working with southwestern At the request of Mr. SPECTER, the industrial America. Pennsylvania officials and Mr. August name of the Senator from Louisiana I have long supported efforts to pre- Carlino, Executive Director of the (Mr. BREAUX) was added as a cosponsor serve and enhance this historical steel- Steel Industry Heritage Corporation, in of S.Res. 19, a resolution to express the related heritage through the Rivers of order to bring this national park to sense of the Senate that the Federal in- Steel Heritage Area, which includes fruition. I urge my colleagues in the vestment in biomedical research the City of Pittsburgh, and seven United States Congress to cosponsor should be increased by $3,400,000,000 in southwestern Pennsylvania counties: this legislation and I will work for its fiscal year 2002. Allegheny, Armstrong, Beaver, Fay- swift passage. I ask unanimous consent that the bill be printed in the RECORD. S.RES. 20 ette, Greene, Washington and West- There being no objection, the bill was At the request of Mr. SPECTER, the moreland. I have been very pleased ordered to be printed in the RECORD, as names of the Senator from Ohio (Mr. with congressional support for the im- follows: VOINOVICH) and the Senator from portant work within the Rivers of S. 391 Rhode Island (Mr. CHAFEE) were added Steel Heritage Area expressed through as cosponsors of S.Res. 20, a resolution appropriations levels of $1 million an- Be it enacted by the Senate and House of Rep- nually since Fiscal Year 1998. I am resentatives of the United States of America in designating March 25, 2001, as ‘‘Greek Congress assembled, Independence Day: A National Day of hopeful that this support will continue however, more than just resources are SECTION 1. SHORT TITLE. Celebration of Greek and American De- This Act may be cited as the ‘‘Steel Indus- mocracy.’’ necessary. That is why I am introducing this important legislation try National Historic Park Act’’. S.RES. 22 today. SEC. 2. FINDINGS AND PURPOSES. At the request of Mr. HUTCHINSON, It is important to note why south- (a) FINDINGS.—Congress finds that— (1) certain sites and structures in the Com- the names of the Senator from Con- western Pennsylvania should be the necticut (Mr. LIEBERMAN) and the Sen- monwealth of Pennsylvania symbolize in home to the national park that my leg- physical form the heritage of the United ator from Alabama (Mr. SESSIONS) were islation authorizes. The combination of States steel industry; added as cosponsors of S.Res. 22, supra. a strong workforce, valuable natural (2) a large proportion of the buildings and At the request of Mr. WELLSTONE, the resources, and Pennsylvania’s strategic other structures in the Commonwealth are name of the Senator from New Jersey location in the heavily populated nationally significant historical resources, (Mr. CORZINE) was added as a cosponsor northeastern United States allowed the including the United States Steel Homestead of S.Res. 22, a resolution urging the ap- steel industry to thrive. Today, the re- Works, the Carrie Furnace complex, and the propriate representative of the United maining buildings and sites devoted to Hot Metal Bridge; and States to the United Nations Commis- (3) despite substantial efforts by the Com- steel production are threatened with monwealth, as well as individuals and public sion on Human Rights to introduce at further deterioration or destruction. the annual meeting of the Commission and private entities in the Commonwealth, Many of these sites are nationally sig- to preserve and interpret these significant a resolution calling upon the Peoples nificant and perfectly suited for the historical and cultural buildings and struc- Republic of China to end its human study and interpretation of this crucial tures, such buildings and structures may be rights violations in China and Tibet, period in our nation’s development. lost without the assistance of the Federal and for other purposes. Some of these sites include the Carrie Government. S.RES. 27 Furnace complex, the Hot Metal (b) PURPOSES.—The purposes of this Act are to provide for the preservation, develop- At the request of Mr. HELMS, the Bridge, and the United States Steel ment, interpretation, and use of the nation- name of the Senator from Minnesota Homestead Works, which would all be- ally significant historical and cultural build- (Mr. WELLSTONE) was added as a co- come a part of the Steel Industry Na- ings, structures, and sites described in sub- sponsor of S.Res. 27, a resolution to ex- tional Historic Park under my legisla- section (a) for the benefit and inspiration of press the sense of the Senate regarding tion. present and future generations.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00047 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2251 SEC. 3. DEFINITIONS. (2) the Act entitled ‘‘An Act to provide for mittee on Indian Affairs will meet on In this Act: the preservation of historic American sites, Wednesday, February 28, 2001 at 9:00 (1) COMMONWEALTH.—The term ‘‘Common- buildings, objects, and antiquities of na- a.m. in room 485 of the Russell Senate wealth’’ means the Commonwealth of Penn- tional significance, and for other purposes’’, sylvania. approved August 21, 1935 (16 U.S.C. 461 et Office Building to conduct a hearing to (2) PARK.—The term ‘‘park’’ means the seq.). receive the views of the Department of Steel Industry National Historic Park estab- (b) COOPERATIVE AGREEMENTS.— the Interior on matters of Indian Af- lished by section 4. (1) IN GENERAL.—The Secretary may enter fairs. (3) PLAN.—The term ‘‘plan’’ means the into cooperative agreements with interested Those wishing additional information management plan for the park required public and private entities and individuals to may contact Committee staff at 202/ under section 7. carry out this Act. 224–2251. (4) SECRETARY.—The term ‘‘Secretary’’ (2) REIMBURSEMENT.—A payment made by means the Secretary of the Interior. the Secretary under the terms of a coopera- f tive agreement entered into under this sub- SEC. 4. STEEL INDUSTRY NATIONAL HISTORIC AUTHORITY FOR COMMITTEES TO PARK. section shall be subject to an agreement that (a) ESTABLISHMENT.—There is established if at any time the project assisted is con- MEET verted, used, or disposed of in a manner that as a unit of the National Park System the COMMITTEE ON AGRICULTURE, NUTRITION, AND is contrary to the purposes of this Act, as de- Steel Industry National Historic Park in the FORESTRY termined by the Secretary, the interested Commonwealth. Mr. MURKOWSKI. Mr. President, I (b) COMPONENTS.—The park shall consist of entity or individual shall reimburse the Sec- land and interests in land comprising the retary for the greater of— ask unanimous consent that the Com- former United States Steel Homestead (A) the amount of assistance provided for mittee on Agriculture, Nutrition, and Works, including— the project; or Forestry be authorized to meet during (1) the Battle of Homestead site in the bor- (B) the portion of the increased value of the session of the Senate on Monday, ough of Munhall, Pennsylvania, consisting of the project that is attributable to that as- February 26, 2001. The purpose of this approximately 3 acres of land, including the sistance, determined as of the date of the hearing will be to review the Farm pumphouse and water tower and related conversion, use, or disposal. (c) TECHNICAL ASSISTANCE.—The Secretary Credit Administration’s proposed regu- structures, within the property bounded by lation on national charters. the Monongahela River, the CSX railroad, may provide to any person technical assist- Waterfront Drive, and the Damascus- ance for— The PRESIDING OFFICER. Without Marcegaglia Steel Mill; (1) preserving historic structures of the objection, it is so ordered. park; (2) the Carrie Furnace complex in the bor- f oughs of Swissvale and Rankin, Pennsyl- (2) maintaining the cultural landscape of vania, consisting of approximately 35 acres the park; and PRIVILEGE OF THE FLOOR (3) local preservation planning for the of land, including blast furnaces 6 and 7, the Mr. KYL. Mr. President, I ask unani- ore yard, the cast house, the blowing engine park. house, the AC power house, and related SEC. 7. GENERAL MANAGEMENT PLAN. mous consent that John Barth, a fellow structures, within the property bounded by (a) IN GENERAL.—Not later than 3 years in my office, be granted the privilege of the proposed southwesterly right-of-way line after the date of enactment of this Act, the the floor during the time of my re- needed to accommodate the Mon/Fayette Ex- Secretary shall— marks pertaining to the death of Dale (1) prepare a plan for the park; and pressway and the relocated CSX railroad Earnhardt. right-of-way, the Monongahela River, and a (2) submit the plan to the Committee on Energy and Natural Resources of the Senate The PRESIDING OFFICER. Without property line drawn northeast to southwest objection, it is so ordered. approximately 100 yards east of the AC and the Committee on Resources of the power house; House of Representatives. f (b) CONSULTATION WITH LOCAL OFFICIALS.— (3) the Hot Metal Bridge, consisting of the In preparing the plan under subsection (a)(1), LEADING NORTH CAROLINA EXEC- Union railroad bridge and its approaches, the Secretary shall consult with— spanning the Monongahela River and con- UTIVE CALLS FOR WELL-DE- (1) a representative of each political sub- FINED TV PUBLIC SERVICE necting the mill sites in the boroughs of division of the Commonwealth that has ju- Rankin and Munhall; and risdiction over all or a portion of the park; Mr. HELMS. Mr. President, a leading (4) all other property included in the and citizen of my State of North Carolina park— (2) a representative of the Steel Industry is a young man named Jim Goodmon. (A) by Federal law; or Heritage Corporation. (B) acquired by the Secretary for inclusion Jim is president and CEO of Capital in the park under section 5 or other Federal f Broadcasting Company in my home- law. NOTICE OF HEARINGS town of Raleigh. Capital Broadcasting SEC. 5. ACQUISITION OF PROPERTY. owns and operates several leading COMMITTEE ON AGRICULTURE, NUTRITION, AND (a) REAL PROPERTY.—The Secretary may broadcast entities—TV stations, radio FORESTRY acquire— stations, and networks serving all of (1) land and interests in land described in Mr. LUGAR. Mr. President, I would like to announce that the Senate Com- North Carolina and some bordering paragraphs (1), (2), or (3) of section 4(b); and States. (2) not more than 10 acres of land adjacent mittee on Agriculture, Nutrition, and to, or in the general vicinity of, the property Forestry will meet on March 1, 2001 in James F. Goodmon is president and described in paragraphs (1), (2), or (3) of sec- SH–216 at 9:00 a.m. The purpose of this CEO of Capital Broadcasting Company, tion 4(b), for the development of visitor, ad- hearing will be to review the status of where more than a quarter of a century ministrative, museum, curatorial, and main- conservation programs in the current ago I had the privilege of serving as an tenance facilities. farm bill. officer. When I was elected to the Sen- (b) PERSONAL PROPERTY.—The Secretary COMMITTEE ON AGRICULTURE, NUTRITION, AND ate in 1972, I shortly thereafter, as a may acquire personal property associated Senator, divested myself of all owner- with, and appropriate for, the interpretation FORESTRY of the park. Mr. LUGAR. Mr. President, I would ship in the company because Senators (c) MEANS.—An acquisition of real property like to announce that the Committee are often called upon to vote on legisla- or personal property shall be made by dona- on Agriculture, Nutrition, and For- tion affecting broadcasting and broad- tion. estry will meet on February 28, 2001 in casters. SEC. 6. ADMINISTRATION. SR–328A at 9:00 a.m. The purpose of At that time, in 1972–73, Jim (a) IN GENERAL.—The Secretary shall ad- this hearing will be to review the sta- Goodmon had just completed his stud- minister the park in accordance with this tus of conservation programs in the ies at Duke University and had just Act and the provisions of law generally ap- current farm bill and to conduct a com- married a lovely and very bright young plicable to units of the National Park Sys- mittee business meeting to discuss the Tennessee lady—who, by the way, is tem, including— (1) the Act entitled ‘‘An Act to establish a committee rules and budget. herself prominent for her tireless work National Park Service, and for other pur- COMMITTEE ON INDIAN AFFAIRS in literally saving the lives of down-on- poses’’, approved August 25, 1916 (16 U.S.C. 1 Mr. CAMPBELL. Mr. President, I their-luck people who have no place to et seq.); and would like to announce that the Com- go. She makes a place for them to go to

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00048 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 2252 CONGRESSIONAL RECORD—SENATE February 26, 2001 rebuild themselves and reshape their After hearing Goodmon explain his philos- hancements to hockey, auto racing, football, character. ophy of broadcasting, one can just imagine basketball, baseball, outdoor symphonies, Having said all that, my purpose in Andy, Barney, Thelma Lou and Aunt Bea sit- art exhibits and documentaries. speaking in the Senate is a profile on ting around their HDTV set enjoying the Multicasting has also benefited WRAL, local coverage of North Carolina’s State Fair Goodmon said, by giving the station the op- Jim Goodmon published in the Decem- on WRAL, Goodmon’s Raleigh, N.C., station. portunity to respond to new programming ber 13 edition of TV Technology. That A third-generation North Carolina broad- opportunities. is the name of it. It is an industry pub- caster whose first job was giving free TV an- ‘‘We were broadcasting a basketball game lication whose specialty is digital tele- tennas to WRAL viewers in the 1950’s, and had some flood news in North Carolina. vision. The headline on that article Goodmon comes off as a radical reformer in We interrupted the game, did the flood cov- was ‘‘Jim Goodmon: Mayberry Values Norman Rockwell clothing. Unlike FCC erage and then said: ‘If you want to watch Collide With Harsh DTV Reality.’’ Chairman Bill Kennard, who draws lightning the basketball game, stay on Channel 5.1. We Now, this article, in my view, speaks for saying many of the same things, are going to do continuous flood coverage on Goodmon gets nods of respect even from Channel 5.2 and we’ll have our weather radar well of Jim Goodmon, not merely re- those who disagree with him. on all the time on Channel 5.3.’ What you garding his business acumen, nor about ‘‘He represents what broadcasting ought to can do with this technology is limited only the kind of businessman Jim is. I think be,’’ commented an audience member mo- by your imagination.’’ it is, instead, a measurement of Jim ments after hearing Goodmon speak in New Goodmon said he sees multicasting as a Goodmon’s sense of personal responsi- York City at the Consumer Electronic Asso- way to expand the station’s brand with a bility. In that regard, the article ciation’s DTV Summit. broader array of programming. speaks for itself, and I encourage Sen- Unlike many of his broadcasting industry ‘‘We don’t see multicasting as an oppor- contemporaries, Goodmon not only embraces tunity to start a new full-time channel or ators and all other readers of the CON- the opportunities of digital television, but something like that.’’ GRESSIONAL RECORD to review it. insists that all broadcasters should be re- Ditto for datacasting. WRAL now has 200 I will refer to a couple of paragraphs quired to air some HDTV programming every volunteers with PCs equipped to receive its in this publication, TV Technology, evening. Eyebrows inch up further when he data broadcasts. written by Frank Beacham. It says, advocates that broadcasters should be held ‘‘We send IP traffic 24 hours a day. We ask under the dateline of New York: to a well-defined public service obligation users to allot about 500 Mb on their hard drive and dedicate it to the data.’’ Soft-spoken Jim Goodmon—like the myth- enforced by a new NAB code of conduct. A key application is local news. The sta- ical Sheriff Andy Taylor of TV’s Mayberry AGAINST THE TIDE tion is working toward a service where view- has a comforting way of tackling the most As president and CEO of Capitol Broad- ers can watch a newscast on-demand on their intractable problems with common sense and casting Company, Goodmon is swimming PC, either in its entirely or on an interactive good humor. How else could he have done the against the tide in an era when media cor- story-by-story basis. seemingly impossible task of making broad- porations that own large station groups Currently, WRAL has about 700 HD viewers cast cynics feel warm and fuzzy about digital spend millions of dollars to lobby Congress in its 23-county market. As in the early days television? against such regulation. of his career, Goodmon now makes sure After hearing Goodmon explain his philos- A genuine broadcast pioneer, Goodmon every new DTV set owner in the Raleigh- ophy of broadcasting, one can just imagine guided WRAL as it became the first station Durham area gets an outdoor television an- Andy, Barney, Thelma Lou, and Aunt Bea in the United States to broadcast an HDTV tenna, courtesy of the station. sitting around their HDTV set enjoying the signal. Now, four years later, the station is ‘‘We know most of our viewers and get lots local coverage of North Carolina’s State Fair about to become the first to begin all-HDTV of comments from them.’’ on WRAL, Goodmon’s Raleigh, N.C., station. newscasts. The station uses an e-mail group con- A third-generation North Carolina broad- Goodmon’s business plan is simple: ‘‘Our ference to stay in touch with digital set own- caster whose first job was giving free TV an- plan is to stay in business. Period.’’ ers. tennas to WRAL viewers in the 1950s, ‘‘What we are talking about here is the fu- As for fellow broadcasters who see no busi- Goodmon comes off as a radical reformer in ture of broadcasting. How do we remain com- ness model for an immediate return on their Norman Rockwell clothing. Unlike FCC petitive in the future? The way we do it is investment from digital television, Goodmon Chairman Bill Kennard, who draws light- digital,’’ he said in his address at the DTV offers another homily: ‘‘Sometimes you have ening for saying many of the same things, Summit. to spend money just to stay in business.’’ Goodmon gets nods of respect even from Rejecting a recent mantra from many of MUST-CARRY A MUST-HAVE those who disagree with him. his industry colleagues, Goodmon said the ‘‘He represents what broadcasting ought to DTV transition is not about new revenue Though Goodmon’s aggressive use of dig- be,’’ commented an audience member mo- streams. ital technology in his local market is im- ments after hearing Goodmon speak in New ‘‘This is not about sending e-mail to pressive, even he acknowledges the national York City at the Consumer Electronic Asso- watches or selling our spectrum to high- DTV transition is facing some big obstacles. ciation’s DTV Summit. speed data providers,’’ he said. ‘‘This is One of the largest stumbling blocks is dig- Unlike many of his broadcasting industry about how we stay competitive. About how ital must-carry, something FCC Chairman contemporaries, Goodmon not only embraces we can be good local broadcasters in the fu- Kennard has cautioned broadcasters not to the opportunities of digital television but in- ture.’’ depend upon. Even if enacted, a new must- sists that all broadcasters should be required He cited WRAL’s motto: ‘‘The main thing carry requirement would face an uncertain to air some HDTV programming every is to keep the main thing the main thing.’’ future with years of legal battles and ap- evening. Eyebrows inch up further when he The main thing, Goodmon said, is local news. peals. But, to Goodmon, it’s a make or break advocates that broadcasters should be held ‘‘That’s why in January we are going to issue. to a well-defined public service obligation start doing five hours a day of local news in ‘‘Cable has 70 percent of the homes,’’ he enforced by a new NAB code of conduct. high definition.’’ said. ‘‘How are we going to get digital into I ask unanimous consent that the en- the homes if they are not on cable? I think HDTV: LIKE BEING THERE we need full digital must-carry on satellite tire article be printed in the RECORD. It was IID coverage of Sen. John Glenn’s as well. And I mean full digital must-carry— There being no objection, the article space shuttle flight, Goodmon said, that con- everything, including our data.’’ was ordered to be printed in the vinced him news would benefit from high- Goodmon proposes coupling digital must- RECORD, as follows: resolution video and Dolby Digital sound. carry with a now elusive public service re- [From TV Technology, Dec. 13, 2000] ‘‘What is television news? It’s being quirement. there,’’ Goodmon said. ‘‘Putting the viewer ‘‘How can we ask for digital must-carry if JIM GOODMON: MAYBERRY VALUES COLLIDE there. There is no better way to put the we don’t agree to public service standards? WITH HARSH DTV REALITY viewer there than high definition.’’ To me, the two go together. (By Frank Beacham) Goodmon said viewers like the widescreen ‘‘Along with getting this digital license Soft-spoken Jim Goodmon—like the myth- 16:9 aspect ratio and Dolby digital sound comes a commitment to serve the public in- ical Sheriff Andy Taylor of TV’s Mayberry that HD provides. terest, whatever that is,’’ he continued. has a comforting way of tackling the most ‘‘Sound and 16:9 are a big deal. We’re talk- ‘‘That’s not a very defined notion. It needs to intractable problems with common sense and ing about creating an experience here . . . be defined as a minimum standard. We need good humor. How else could he have done the getting wrapped up in it.’’ this standard set and then we need to return seemingly impossible task of making broad- He said, as a result of experiences in local to a broadcasting code of conduct. I’m really cast cynics feel warm and fuzzy about digital HD production over the past four years, the showing my age talking about the NAB code, television? station sees HD bringing significant en- but that was a great thing.’’

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00049 Fmt 0686 Sfmt 0634 E:\BR01\S26FE1.001 S26FE1 February 26, 2001 CONGRESSIONAL RECORD—SENATE 2253 Also essential for a successful transition, In tribute to our esteemed and be- the time for the two leaders be re- said Goodmon, is a requirement for an inte- loved departed colleague and friend, served for their use later in the day, grated digital tuner in all new DTV receiv- today we are approving legislation to and the Senate then begin a period for ers, preferably by 2003, and a requirement designate the Washington office of the morning business, with Senators al- that every digital station air at least two hours of HDTV programming each night be- Peace Corps as the ‘‘Paul D. Coverdell lowed to speak for up to 10 minutes tween 6 p.m. and 11 p.m. Peace Corps Headquarters.’’ each, with the following exceptions: ‘‘We broadcasters asked Congress to do I know Senators will unhesitatingly Senator THOMAS, or his designee, 10 to high definition,’’ reminded Goodmon. ‘‘If you support this fitting tribute to a re- 11 a.m.; Senator DURBIN, or his des- take a digital license, you should be required markable gentleman who was without ignee, 11 a.m. to 12 p.m. Further, I ask to do HD each night. The networks need to question a committed public servant, a unanimous consent that if the leader push primetime HD. If they do that, the sta- statesman, and a friend. time is used during the controlled tions will have to carry it.’’ Finally, he called on television receiver Mr. President, seeing nobody seeking time, the controlled time be extended manufacturers to come forward with public recognition, I suggest the absence of a accordingly. assurance of a fix for multipath problems quorum. The PRESIDING OFFICER. Without that can block reception in urban areas. The PRESIDING OFFICER. The objection, it is so ordered. Though he said WRAL has had no problems clerk will call the roll. Mr. HELMS. Further, I ask unani- with the 8–VSB transmission standard and The legislative clerk proceeded to mous consent that the Senate stand in that he favors retaining it, a strong message call the roll. recess from the hours of 12:30 p.m. to of assurance either through a technical Mr. HELMS. Madam President, I ask 2:15 p.m. tomorrow for the weekly pol- standard or other objective method must be sent to calm fears over the technology. unanimous consent that the order for icy conferences to meet. ‘‘Broadcasters need assurance,’’ Goodmon the quorum call be rescinded. The PRESIDING OFFICER. Without insisted. ‘‘Tell us we don’t have to worry The PRESIDING OFFICER (Ms. COL- objection, it is so ordered. about the multipath problem.’’ LINS). Without objection, it is so or- f In addition, he said the consumer elec- dered. tronics industry has ‘‘to stand up and say PROGRAM this receiver thing is not a problem. It can f be with a standard or some other way. But it APPOINTMENTS Mr. HELMS. Madam President, for must be said.’’ the information of all Senators, the The PRESIDING OFFICER. The Senate will be in a period for morning f Chair, on behalf of the Vice President, business prior to the 12:30 p.m. recess SENATOR PAUL COVERDELL pursuant to 10 U.S.C. 9355(a), appoints tomorrow. Upon reconvening at 2:15 the Senator from Colorado (Mr. AL- Mr. HELMS. Mr. President, President p.m., the Senate is expected to resume LARD), from the Committee on Armed George Bush summoned Paul Coverdell morning business for the remainder of Services, to the Board of Visitors of to Washington one day in 1989 to ask the afternoon. Senators are reminded the U.S. Air Force Academy. Paul to consider serving as the 11th Di- to be in the Senate Chamber by 8:30 The Chair, on behalf of the Vice rector of the Peace Corps. p.m. to proceed at 8:40 p.m. to the Hall President, pursuant to 10 U.S.C. 4355(a), It will come as no surprise that of the House of Representatives for the appoints the Senator from Pennsyl- Paul’s tenure at the Peace Corps was President’s address. vania (Mr. SANTORUM), from the Com- marked by intense effort, positive re- Madam President, I ask unanimous mittee on Armed Services, to the sults, and commitment to American in- consent that when the Senate com- Board of Visitors of the U.S. Military terests. He gave a high priority to the pletes its business on Tuesday after- Academy. well-being of the volunteers he sent noon, it recess until the hour of 8:30 The Chair, on behalf of the Vice out, who were, after all, the face of p.m. for the joint session of Congress to President, pursuant to 10 U.S.C. 6968(a), young America to other countries hear the President’s address. appoints the Senator from Arizona (Mr. around the world. The PRESIDING OFFICER. Without MCCAIN), from the Committee on There were significant hurdles to objection, it is so ordered. overcome at the Peace Corps, including Armed Services, to the Board of Visi- flagging morale and limited resources. tors of the U.S. Naval Academy. f Nonetheless, Paul Coverdell recognized The Chair, on behalf of the majority ADJOURNMENT UNTIL TOMORROW the need to respond to the high inter- leader, pursuant to Public Law 105–341, AT 10 A.M. national historic drama of sweeping announces the appointment of the fol- changes, for example, the fall of com- lowing individual to the Women’s Mr. HELMS. Madam President, if munism in Europe. Progress Commemoration Commission: there be no further business to come He found the necessary resources to Becky Norton Dunlop, of Virginia, vice before the Senate, I now ask unani- send Peace Corps volunteers to coun- Elaine L. Chao. mous consent that the Senate stand in tries struggling to emerge from the f adjournment under the previous order. weight of communist rule. Under Paul There being no objection, the Senate, Coverdell’s leadership, the first volun- ORDERS FOR TUESDAY, at 4:05 p.m., adjourned until Tuesday, teers were sent to Hungary, Poland, FEBRUARY 27, 2001 February 27, 2001, at 10 a.m. Romania, and the Czech and Slovak Mr. HELMS. Madam President, I ask f Republics. unanimous consent that when the Sen- Paul Coverdell took great pride in ate completes its business today, it ad- NOMINATION the Peace Corps; for example, he journ until the hour of 10 a.m. on Tues- Executive nomination received by unfailingly referred to it as ‘‘The day, February 27. I further ask unani- the Senate February 26, 2001: United States Peace Corps’’ and he de- mous consent that on Tuesday, imme- scribed the Peace corps as ‘‘a vibrant, diately following the prayer, the Jour- DEPARTMENT OF THE TREASURY vital part of United States foreign pol- nal of proceedings be approved to date, MARK A. WEINBERGER, OF MARYLAND, TO BE AN AS- SISTANT SECRETARY OF THE TREASURY, VICE JONA- icy.’’ the morning hour be deemed expired, THAN TALISMAN, RESIGNED.

VerDate Aug 04 2004 02:51 Feb 05, 2005 Jkt 089102 PO 00000 Frm 00050 Fmt 0686 Sfmt 9801 E:\BR01\S26FE1.001 S26FE1 2254 EXTENSIONS OF REMARKS February 26, 2001 EXTENSIONS OF REMARKS

IN HONOR OF SAINT DEMETRIOS company employs more than 100 people in PERSPECTIVES ON CIVIL RIGHTS CATHEDRAL AFTERNOON my district. AND RACISM SCHOOL AND MR. GEORGE In addition to his successful business ven- ALMIROUDIS AND MR. NIKOS tures, George has focused his energies on HON. JOHN CONYERS, JR. PAPHITIS many charitable organizations and events. He OF MICHIGAN served as President of the MESTA Fraternal IN THE HOUSE OF REPRESENTATIVES HON. CAROLYN B. MALONEY Organization, and the Chian Federation, Sec- Monday, February 26, 2001 OF NEW YORK retary of the International Coordinating Com- Mr. CONYERS. Mr. Speaker, I submit the IN THE HOUSE OF REPRESENTATIVES mittee Justice for Cyprus and member of the following article ‘‘King Assembly Presents Monday, February 26, 2001 Children’s Hospital in Boston and of the New Unique Perspectives on Civil Rights, Racism’’ Mrs. MALONEY of New York. Mr. Speaker, York Hospital. In addition, he is a member of from the February Edition of Cranbrook I wish today to bring to the attention of my col- the Hellenic Issues Committee of the Council Kingswood Crane-Clarion student newspaper, leagues an exemplary after school program of Hellenes Abroad. which follows, for inclusion in the CONGRES- SIONAL RECORD. being offered in my district in Queens, New George’s humanitarianism is exemplified by York, the Saint Demetrios Cathedral Afternoon his creation of the George K. Almiroudis Chian [From the Cranbrook Kingswood Crane- School. Clarion, February 2001] Geriatric Foundation, Ltd. The mission of the Saint Demetrios Cathedral, Greek Orthodox foundation is to provide emotional, physical, fi- KING ASSEMBLY PRESENTS UNIQUE PERSPECTIVES ON CIVIL RIGHTS, RACISM Archdiocese of North and South America, Hel- nancial and psychological support to Hellenic lenic Orthodox Community of Astoria is an in- (By Noah Peters) American senior citizens residing in senior stitution that promotes education, under- At the outset of the 2001 Martin Luther residencies and nursing homes in the United standing, community service and the preserva- King, Jr. assembly, held January 24th at the tion of the Hellenic culture. In order to help States and Greece. Kingswood Gym, Cranbrook headmaster neighborhood children learn more about their To date his work has been recognized by George Swope said that this year’s assembly would focus less on the life of King and more heritage, Saint Demetrios established an extra the Borough Presidents of Queens and the on how King affected the lives of others. In curricular program that offers afternoon and Bronx and the Council of Hellenes Abroad essence, the assembly strove to inspire ap- Saturday classes for grades 1–7. The cur- who identified him as one of the most active preciation of Dr. King through personal riculum includes instruction in Greek, spoken Hellenes in the United States. introspection on the legacy, as opposed to and written, Hellenic history, Orthodox religion, being a history lesson. Hellenic traditions and culture, as well as in- George Almiroudis could not do all of this In that spirit, the program featured many struction in Hellenic dancing. The Seventh without the support of his wife Triantafillia unique segments. Among them was a piece, grade students receive preparation for the Mathioudis-Almiroudis and their three sons, ‘‘Who Am I?,’’ featuring several students and Constantinos, Adamatios and George Jr. staff reading short monologues as victims of Greek Regents’ exam. prejudice against different kinds of people. Saint Demetrios is the world’s largest Hel- Mr. Nikos Paphitis, the second honoree was For example, senior Mike Mahdi read one as lenic community outside of Athens. Founded born in Pentayia, Morphou in Cyprus, an area an African-American who others think got in 1927, the church has, over the years, been that has been under Turkish occupation since his job based on his race, not merit; Maureen home to tens of thousands of Hellenic immi- the 1974 invasion. He completed his high Briske, administrative assistant Kingswood grants, more recently, second-, third-, and Dean Fran Dagbovie, addressed prejudice and school education and military service in Cy- arrogance against secretarial workers; fourth-generation Hellenic-Americans. In addi- prus. English teacher Chris MacDonald read the tion to Greek afternoon school, the parish in- Nikos Paphitis came to the United States to words of what a new and misunderstood cludes a parochial school for pre-K to high teacher might feel. school and Sunday School for religious in- pursue higher education. He received a Bach- Others spoke as handicapped persons, for- struction. elor of Science in Accounting from York Col- eign people, and various ethnic groups. The lege. purpose was to show that racism and other The program is administered by Anastasios forms of prejudice are still prevalent in the Koularmanis, Supervising Principal and In 1991 he joined Cyprus Popular Bank attitudes of the majority by citing examples Timoleon Kokkinos, Director of Afternoon serving as Customer Legal Relations and Af- of cases in which it occurs. ‘‘Injustice every- School. No school will succeed without the fairs in the Finance Department. He is cur- where’’ was a major target of King’s move- support of the parents. Fortunately, Saint rently serving as Chief Representative of ment. Demetrios’s school has an active and involved LAIKI Group in New York. An industrious and Another segment featured a panel of parent body. speakers, mostly teachers, who shared their resourceful individual, Nikos is active with the personal experiences concerning Dr. King This Sunday, February 11, the Saint Cyprus Federation of America. He is currently and the civil rights era. The first speaker, Demetrios Afternoon School will have its an- serving as Chairman of the Philanthropic Swope, talked of how he came to support nual luncheon that will honor, two true philan- Committee of the Cyprus Federation along civil rights after moving from an ‘‘all-white thropists of the community, Mr. George with several other causes. Chicago suburb’’ to a racially mixed board- Almiroudis and Mr. Nikos Paphitis. ing school. He is married to Evie Georgiou and they Next, Spanish teacher Richard Bowdy George Almiroudis was born in Greece in have two children Andreas (10) and Marilena shared his experience of taking a date to 1951, on the island of Chios in the medieval (7) who are attending St. Demetrios Greek Or- hear Dr. King speak in high school, and made village of Mesta. He completed his high school the point that, though Dr. King is generally thodox School in Astoria. education and three-year military obligation looked on as a peaceful figure, he was very and in 1974 emigrated to the United States. Mr. Speaker, I salute the wonderful work of controversial in his day, ‘‘committed to con- Upon his arrival in the United States, he the Saint Demetrios After School Program and frontation as much as he was committed to the two great individuals they have honored, non-violence.’’ worked hard and followed the ‘‘American After Bowdy spoke, English teacher Dream.’’ Today he is a very successful gen- George Almiroudis and Nikos Paphitis. I ask Winniefred Anthonio spoke of her experience eral contractor. His company MESTA con- my colleagues to join me in recognizing their as an immigrant during the civil rights struction is named after his hometown. The contributions to the Astoria community. movement, and History Robert spoke about

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

VerDate Aug 04 2004 14:29 Feb 23, 2005 Jkt 089102 PO 00000 Frm 00001 Fmt 0689 Sfmt 0634 E:\BR01\E26FE1.000 E26FE1 February 26, 2001 EXTENSIONS OF REMARKS 2255 the theme of who each of us is. Lastly, Ida Mound schools before going to college at ramento, Shriners Hospitals focus on edu- Tomlin, an administrator at the Cranbrook Kansas State University, where he earned cation and prevention of burn injuries. Institute of Science, related her experience his bachelor’s degree in 1949 and his doctor of The Shriners Hospitals for Children is a dealing with discrimination as a youth in veterinary medicine degree in 1953. unique charitable organization that has never Meridian, Mississippi. Bradley practiced veterinary medicine in The program concluded with Excerpts from Mexico, Mo., then served in the U.S. Army sought nor received federal, state, local or ‘‘Song of Myself,’’ a film by senior Carlos until 1957. He then established the Bradley third party funding of any kind. Additionally, Navarrete Patino featuring students reading Veterinary Hospital in Lawrence. He sold the Shriners Hospitals are distinctive in that they from Whitman’s poem, each in their own practice to his son, John S. Bradley, when he offer full physical, psychological, and emo- style. The talks were consistent with King’s retired in 1990. tional care to all the children they treat. philosophy. As Tomlin put it, King once said, Bradley served on the Lawrence School With the 2001 budget for the 22 orthopaedic ‘‘Very few people will rise to genius . . . [so] Board for 11 years, four years as president. and burn hospitals totaling $567 million, and be the best of whoever you are.’’ He was active in the Masonic Lodge and the with an active patient roster at over 156,000 Lawrence Host Lions Club. He was the children, it is obvious how important the f Wakarusa Township trustee for many years, a 4–H leader for the Meadowlark and Kanza Shriners Hospitals are to the health of our chil- TRIBUTE TO DR. WILLIAM F. dren. The Shriners Hospitals are 100 percent BRADLEY, DVM 4–H clubs and a trustee for the Kansas State University Alumni Assn. He was a member of free, despite the fact that they will spend numerous veterinary associations, the Law- $1.55 million dollars on children every 24 HON. DENNIS MOORE rence Chamber of Commerce, the Kansas As- hours in 2001. OF KANSAS sociation of Commerce and Industry and the In recognition of Burn Awareness Week, Mr. IN THE HOUSE OF REPRESENTATIVES American Hereford Assn. He also served as Speaker, I ask my colleagues to commend an associate professor of biological sciences such charitable organizations as the Shriners Monday, February 26, 2001 at Baker University for several years. He was also a founding member of the Hospitals that contribute greatly to the care, Mr. MOORE. Mr. Speaker, I rise today to education, and research necessary to treat pay tribute to the late Dr. William F. Bradley, O’Connell Youth Ranch and was a founder of the Lawrence Boys Club. and work to prevent children’s burn accidents. a veterinarian from Douglas County, Kansas, He married Beverly Ann Torrens on Aug. f who passed away recently, after a full life that 23, 1953, in Independence. She survives of the was dedicated to his family, his veterinary home. CONGRATULATING PRIME MIN- practice, and service to his community. Other survivors include five sons, William ISTER-ELECT OF ISRAEL, ARIEL Dr. Bradley exemplified the kind of individual Jr. of Jackson, Wyo., Roger Sebastapol, SHARON whose selfless dedication to others forms the Calif., Philip and John, both of Lawrence, SPEECH OF glue that has held together so many Kansas and Kent, Wichita; one foster son, Greg communities over the past century. He is best Evans, Lawrence; three brothers, Aubrey Jr., Wichita, H. Keith, Lenexa, and Wayne, HON. MARCY KAPTUR known in Lawrence, Kansas, for his longtime Louisburg; one sister, Idabelle Ostrum, Hous- OF OHIO service on the school board for Lawrence and ton; seven grandchildren; and one foster IN THE HOUSE OF REPRESENTATIVES Douglas County, where he served for four grandchild. Tuesday, February 13, 2001 years as board president. Additionally, he The family will meet friends from 6:30 p.m. spent many years as Wakarusa Township to 8:30 p.m. Wednesday at Warren-McElwain Ms. KAPTUR. Mr. Speaker, I rise today to trustee and was an active participant in local Mortuary. voice my concern with H. Res. 34, an imper- Republican Party politics. His wife, Bev, was The family suggests memorials to Pet fect resolution congratulating the Prime Min- Trust at Kansas State University in care of ister-elect of Israel, Ariel Sharon, calling for an twice elected Douglas County Commissioner the College of Veterinary Medicine or the as the Republican candidate. More impor- end to violence in the Middle East, and re- Douglas County 4–H Foundation, sent in care affirming the friendship between the Govern- tantly, though, Dr. Bradley was a founding of the mortuary. member of the O’Connell Youth Ranch and a ments of the United States and Israel. While founder of the Lawrence Boys Club. f I will vote in favor of this resolution, as I did on earlier resolutions late last year, I hold seri- An active member of several local service NATIONAL BURN AWARENESS ous and continuous concerns about its impli- organizations, 4–H groups and the Lawrence WEEK Chamber of Commerce, with Bev, Dr. Bradley cations for the peace process. Like my colleagues, I applaud Israel on its was a devoted father to six sons. He epito- HON. JOHN JOSEPH MOAKLEY open and democratic election process. While mized the public-spirited pillar of our commu- OF MASSACHUSETTS the process was encouraging, the results were nities who does so much in towns and cities disappointing. Voter turnout was the lowest in across the United States to bring people to- IN THE HOUSE OF REPRESENTATIVES Israel’s history and participation by the Arab gether to solve problems and constructively Monday, February 26, 2001 population was minimal. This division in the face challenges. His sense of duty touched Mr. MOAKLEY. Mr. Speaker, I ask our col- population further fractures the possibilities for many lives in Douglas County and in Law- leagues to join me in recognizing the impor- a lasting peace. rence; I was proud to represent him in Con- tance of National Burn Awareness Week that According to statistics released from the gress and I join with my constituents in mourn- was observed February 4–10, 2001. Burn Israeli Embassy, 55 Israelis have been killed ing his loss. Awareness Week provides an opportunity to since September 27, 2000, in riot-related situ- Mr. Speaker, I place into the CONGRES- educate children and families about the risks ations. SIONAL RECORD an obituary for Dr. William F. that lead to unfortunate and tragic accidents, According to statistics released from the Bradley that was carried by the Lawrence particularly for the youngest and most vulner- Palestinian Initiative for the Promotion of Glob- Journal-World and I am pleased to have this able—our babies and children. The children of al Dialogue and Democracy (MIFTAH), 366 opportunity to take note of our loss. Boston who have been the victims of burn ac- Palestinians, Israeli Arabs, and Palestinians in [From the Lawrence Journal-World (KS), cidents have been benefiting from the service southern Lebanon have been killed between Jan. 28, 2001] of the Shriners Hospitals for Children since the dates of September 28, 2000 and Feb- WILLIAM F. BRADLEY 1968 when the Boston burn center first ruary 6, 2001. Services for William Ferdie Bradley, 74, opened. H. Res. 34 specifically calls on Yassir Lawrence, will be at 2 p.m. Thursday at the Unfortunately, infants and young children Arafat, Chairman of the Palestinian Liberation First Presbyterian Church in Lawrence. Bur- face greater risks from burn injuries than Organization (and President of the Palestinian ial will be in Memorial Park Cemetery. adults or older children. They rely more on the Authority) to ‘‘use his influence and resources Bradley died Friday, Jan. 26, 2001, at his adults around them to ensure their environ- to see that violence in the Middle East is home. ment is safe and free from potential burn- brought to an end.’’ This statement unwisely He was born Feb. 16, 1926, in Topeka, the son of Aubrey J. Bradley and Neta Bernice causing hazards. That is why in addition to places the onus of peace solely on the shoul- (Davis) Bradley. treating over 20 percent of all pediatric burns ders of the Palestinians. I have been con- He was raised on a farm near Blue Mound in the nation at their four national burn centers sistent in my calls for all parties to be account- and attended Unity Township and Blue in Boston, Galveston, Cincinnati and Sac- able and willing to strive for a workable peace.

VerDate Aug 04 2004 14:29 Feb 23, 2005 Jkt 089102 PO 00000 Frm 00002 Fmt 0689 Sfmt 9920 E:\BR01\E26FE1.000 E26FE1 2256 EXTENSIONS OF REMARKS February 26, 2001 Isn’t it counterproductive to place the blame or in 1978 Summa Cum Laude, and in 1981, he Hawkins, and the first Latino west of the Mis- praise wholly on one party? graduated from the University of Missouri-Kan- sissippi, Edward R. Roybal, to Congress. In Americans must be concerned about how sas City School of Law. addition, she helped break other color barriers the new government will proceed. I strongly He began legal practice in 1981 with his fa- by working to elect James Jones and Julian hope that Prime Minister Ariel Sharon will look ther and later operated a solo practice in Nava to the Los Angeles Unified School to the future with the goal of peace and rec- Warrensburg. Mr. Carroll was a member of the Board. onciliation. Israel, the Palestinians, and the Missouri Bar Association, American Bar Asso- Ruth played an instrumental role in electing Middle East Region overall have suffered ciation, Johnson County Bar Association, the first African-American mayor of a predomi- greatly throughout the last century. This new Pettis County Bar Association, Kansas City nately white American city, Tom Bradley of millennium offers a chance for hope. It is my Metropolitan Bar Association, Missouri Organi- Los Angeles. After Mayor Bradley was elected wish that Mr. Sharon will take that chance for zation of Defense Lawyers, and the Missouri to office in 1973, Ruth chaired the selection peace. Association of Trial Attorneys. He served as committee which recommended the appoint- If the United States wishes to be an honest Active General Counsel for CMSU and as city ment of new commissioners. Ruth was also broker for peace, we must be fair-handed and prosecutor for the city of Warrensburg. active in the campaigns of Senator Alan Cran- aware of how our votes, actions, and state- Mr. Carroll also was an elder at Broadway ston, Congressman Julian Dixon and Judge ments will be viewed by all factions involved in Presbyterian Church, a member of the Board Pacht in his race for Congress. this unsettled region of the world. of Legal Office Management at State Fair Los Angeles City Controller, Rick Tuttle, de- f Community College, and a member of the scribed her as a ‘‘giant fighter for the causes board of directors of the Children’s Therapy of civil liberties and civil rights.’’ He worked RECOGNIZING HUGH S. BURNES, Center and the Sedalia Boys and Girls Club. closely with her and remembers her as a ‘‘true SR. OF ROME, GEORGIA He chaired the 1997 Osage Trails District champion’’ in the battle to end racial and reli- Friends of Scouting Fundraiser and was a gious discrimination in housing during the HON. BOB BARR member of the board of directors of 1960s. OF GEORGIA Warrensburg Main Street, Inc., serving as While students at UCLA, we first met Ruth IN THE HOUSE OF REPRESENTATIVES president in 1999–2000. Mr. Carroll was the when she was the leader of the California Democratic Council (CDC). We have been Monday, February 26, 2001 recipient of the Leadership Award 2000 and a member of the Tax Increment Financing Com- privileged to work with her on many chal- Mr. BARR of Georgia. Mr. Speaker, I am mission for the city of Warrensburg, serving as lenging issues since that time and have seen pleased to recognize Hugh Burnes, who has chairman from 1998–2000. He was also a firsthand the powerful impact she has had on recently been selected as the 2001 recipient past member of the Warrensburg and Sedalia those around her. She was a woman of tre- of the ‘‘Heart of the Community’’ Board of Lions Clubs. mendous courage, integrity, idealism and com- Governors Award in Rome, Floyd County, Mr. Speaker, Andrew Carroll will be greatly mitment. Georgia. missed by all who knew him. I know the Mem- Having lived through the deaths of her hus- Mr. Burnes began his volunteer service with bers of the House will join in extending heart- band Bud and her son, Steve, she is survived the American Legion and the Community felt condolences to his family, his wife Linda, by her youngest son, Peter. Ruth will be Chest in 1946. He spent fifty-five years dedi- and his three sons, John, Nicholas, and missed by all of us whose lives she has cating his time and leadership to more than a Jacob. touched. dozen organizations such as the YMCA, Boy f Mr. Speaker, we are proud to ask our col- Scouts, Dick Wicker Boys Home, Rome Com- leagues to join us in saluting the late Ruth munity Prayer Breakfast and the Rome Rotary A TRIBUTE TO RUTH ABRAHAM Abraham. Club. f The dedication to excellence exhibited by HON. HOWARD L. BERMAN Hugh Burnes makes him a role model for his HONORING DR. PHILIP GAMALIEL OF CALIFORNIA peers and for young people in the community. HUBBARD I am pleased to honor his impressive accom- HON. HENRY A. WAXMAN plishments and wish him well as he is recog- OF CALIFORNIA HON. JAMES A. LEACH nized by the Board of Governors and the citi- IN THE HOUSE OF REPRESENTATIVES OF IOWA zens of Rome, Georgia. Monday, February 26, 2001 IN THE HOUSE OF REPRESENTATIVES f Mr. BERMAN. Mr. Speaker, we rise today to Monday, February 26, 2001 IN MEMORY OF CIVIC LEADER pay tribute to the memory of an outstanding Mr. LEACH. Mr. Speaker, I invite my col- AND LAWYER ANDREW S. CAR- woman, Ruth Abraham, who dedicated her life leagues’ attention to the career and life story ROLL to fighting for civil rights and social justice. of Dr. Philip Gamaliel Hubbard, a Ruth was well respected and admired by groundbreaking American educator who will HON. IKE SKELTON her colleagues, friends and family. She was a celebrate his 80th birthday later this week. Dr. OF MISSOURI leader of progressive causes and an activist Hubbard is truly an extraordinary Iowan, and IN THE HOUSE OF REPRESENTATIVES whose interest in social and political reform his journey through the last eight decades of led her to the ACLU where she served on the the 20th century is a story all Americans Monday, February 26, 2001 staff for 18 years, and as a volunteer and should know. Mr. SKELTON. Mr. Speaker, it is with deep board member after retiring in 1981. She was Philip G. Hubbard was born in the small sadness that I inform the House of the death beloved throughout the organization and affec- town of Macon in north central Missouri on of Andrew Carroll, a resident of Sedalia, MO. tionately nicknamed ‘‘the mother of chapters,’’ March 4, 1921—the day that Warren Gamaliel He was 43. because of her work to expand and nurture Harding was inaugurated President of the Andrew Carroll, a son of Edgar S. and June the chapter movement. She traveled through- United States. His parents clearly had big Utz Carroll, was born in Kansas City, MO, on out the country to teach ACLU affiliates about plans for him, giving him the new President’s May 31, 1957. He graduated from grassroots development. unusual middle name for his own. His father Warrensburg High School in 1975 and en- Ruth’s activism was by no means limited to died when he was only 18 days old, and four rolled at Central Missouri State University. At her work with the ACLU. She immersed her- years later his mother gave up a teaching ca- Central Missouri State University he was a re- self in politics and social issues from the day reer to move 140 miles north to Des Moines, cipient of a Regents scholarship and was she first arrived in Los Angeles in 1950. As a where her children would have the opportunity voted outstanding undergraduate of the founding member of one of the most success- to attend Iowa’s unsegregated schools. School of Public Service. He also participated ful Southern Californian coalition-forming orga- Phil graduated from Des Moines’ North High in athletics, he was selected all-MIAA Track nizations of the 1960s and 1970s, Californians School and enrolled in the University of Iowa’s and Field and was a member of the honors for Liberal Representation (CLR), she helped College of Engineering in 1940, buttressed by program Phi Kappa Phi. Mr. Carroll graduated to elect the first African-American, Augustus a $252 savings account earned from shining

VerDate Aug 04 2004 14:29 Feb 23, 2005 Jkt 089102 PO 00000 Frm 00003 Fmt 0689 Sfmt 9920 E:\BR01\E26FE1.000 E26FE1 February 26, 2001 EXTENSIONS OF REMARKS 2257 shoes. Since African Americans were not per- SOCIAL SECURITY AND MEDICARE consideration of this issue, instead rushing the mitted to live in university housing at the time, LOCK-BOX ACT OF 2001 bill to the floor under expedited rules that he first boarded in a private home with the rel- allow only an hour of debate and no oppor- atives of Lulu Johnson, the first African Amer- SPEECH OF tunity for amendment. ican woman to earn a Ph.D at an American HON. DENNIS MOORE Allowing members to have a voice in this university, and then in the Kappa Alpha Psi OF KANSAS process could have corrected the loophole in fraternity house. In 1943, after pawning his IN THE HOUSE OF REPRESENTATIVES the present bill. To be sure, Representative great uncle’s gold watch to buy a wedding suit ROSS and I have recently introduced legisla- Tuesday, February 13, 2001 and a ring, Phil married his fiancee, Wynonna tion that would correct this problem by entirely Marie Griffin, and eight days later reported for Mr. MOORE. Mr. Speaker, I rise today in preventing the use of Social Security and active duty in the Army. support of the principles underlying H.R. 2— Medicare trust funds—except for their in- that Social Security and Medicare Trust Funds Returning to the university at the end of the tended purpose. should not be used for any purpose other than war, Phil finished his undergraduate degree in f funding the retirement or health care needs of electrical engineering and his doctorate in hy- our seniors. This bill takes a large step to- BLACK HISTORY MONTH draulics. He was appointed an associate pro- wards maintaining fiscal discipline by recog- fessor in 1956 and a full professor in 1959, nizing that Social Security and Medicare trust SPEECH OF meritoriously triumphing over an funds should be off the table when Congress unacknowledged, hurtful and short-sighted tra- HON. SANFORD D. BISHOP, JR. considers tax and spending legislation. dition to become the first African American OF GEORGIA This effort is particularly courageous since tenured professor in the university’s history. IN THE HOUSE OF REPRESENTATIVES the administration opposes efforts to preserve Teaching and research in one of the nation’s Medicare trust funds for the health security Tuesday, February 13, 2001 premier research institutes occupied his next needs of our seniors. During his confirmation Mr. BISHOP. Mr. Speaker, today we’re fo- several years, although he combined scholar- hearing, OMB Director, Mitch Daniels, stated cusing on the right to vote. ship with a quiet but determined social activ- that he ‘‘would be very hesitant to see us treat This is certainly an appropriate theme for ism, pushing Iowa City to adopt one of the na- [Medicare] funds the same way we do Social this year’s observance of Black History tion’s first fair housing ordinances and encour- Security.’’ I applaud the majority’s recognition Month—coming, as it does, in the aftermath of aging Iowa’s congressional representatives to of the fact that both programs face a demo- a national election which may have been de- support the Civil Rights Act of 1965. graphic crisis as the baby boomers get older, cided by breakdowns in voting machines and His effective blending of academic life with and that both programs deserve to be pro- procedures, by faulty ballots, by voting place his work in human and civil rights led to his tected to fund our commitments to them in the errors and abuses that effectively denied this 1965 appointment as dean of academic af- future. most fundamental right to many citizens. fairs. Dr. Hubbard became vice president of Medicare’s financial condition is actually Complaints of irregularities have been wide- the university in 1972, a position in which he more serious than that of Social Security. The spread in a number of states. Moreover, many gave distinguished service until his retirement Medicare trust fund is projected to become in- of the absentee ballots cast by our military in 1991. solvent in 2025, whereas the Social Security personnel—the men and women defending Dr. Hubbard’s quarter century at the center Trust fund will remain solvent until 2037. This our freedom away from home, often in harm’s of university administration was a period of highlights the importance of preventing Medi- way—were thrown out because of technical- dramatic social change in the university, in the care surpluses from being used for any other ities. State of Iowa, and in the larger world. The purpose than protecting Medicare; this in- I believe we can do better. theme that runs through his career as an ad- cludes financing a prescription drug benefit or In our country, the freest and most administrator is his steadfast commitment to ex- any revenue reducing policy with trust fund re- vanced in the world, there should be no expanding human rights on and off campus. serves—whether they come from Social Secu- cuse for not having a non-partisan, modern, Working with university presidents Howard rity or Medicare. This means that every mem- well-managed system that ensures to the Bowen, Willard ‘‘Sandy’’ Boyd, James O. ber who votes for this bill today is serving no- highest degree possible that qualified voters Freedman, and Hunter Rawlings III over more tice that they will not use Social Security or will have access to the polls and their votes than twenty-five years, Dr. Hubbard suc- Medicare trust funds for any purpose other will be fairly counted. ceeded in fully opening the resources of the than funding or reforming these programs. If we could not do better, our form of rep- University of Iowa to students from all ethnic Mr. Speaker, while I applaud the majority’s resentative government—with its guarantee of backgrounds and to both genders. He ac- commitment to this cause, I am concerned freedom of speech and religion, from unjust corded new respect for the opinions of stu- that the bill before us today contains a large fear, and from the denial of opportunity— dents, creatively developed educational oppor- loophole that would allow the Medicare and would be on very shaky ground. tunity programs and scholarships for low-in- Social Security surpluses to be spent for any Therefore, Mr. Speaker, let this Special come and minority students, and helped to in- purpose so long as it is labeled ‘‘reform.’’ For Order serve as a reminder that it is the re- stitute affirmative action at all levels of the uni- the record, I want to be clear that the term sponsibility of each of us, as members of ‘‘The versity. ‘‘reform’’ does not and should not include new People’s House,’’ to determine to the best of programs such as, providing a prescription our ability exactly what went wrong in this last The University of Iowa’s reputation as a wel- drug benefit under Medicare or dismantling the national election and to consider what should coming place where all people may secure a Social Security safety net with private ac- properly be done at the federal level to help quality education is in large part a result of the counts. I also want to be clear that if Members ensure that it doesn’t happen again. vision and hard work of Philip G. Hubbard. Dr. vote for this bill, they are voting to prevent When I think of the voting franchise in the Hubbard’s place in Iowa history books is en- new programs labeled reform from crowding context of Black History Month, I first think of sured by his service as the University of out Social Security and Medicare surpluses to Selma. Iowa’s first African American professor, dean make room for other revenue-reducing initia- In the mid-1960’s, this was the scene of a and vice president. His real place in Iowa his- tives. series of campaigns to secure the right to tory, however, is guaranteed by two far more Finally, Mr. Speaker, while I am encouraged vote, which had been routinely denied to black significant things: his role in opening the uni- with the majority’s commitment to this cause, citizens. People had lost their lives just for try- versity to the kind of board diversity that re- I am disappointed in the manner in which this ing to get people registered. Black citizens flects the best in American values and deeply bill is being considered today. The future of who came to register were harassed and enriches the educational experience, and the the Social Security and Medicare surpluses is sometimes arrested on charges of unlawful powerful effect he has had on the hearts of a complicated and serious matter that de- assembly. Beatings had become common- those given the privilege of crossing his path. serves a full, free and honest discussion of the place. Many black people lost their jobs just The university, the State of Iowa and the issue and alternative ways to solve the prob- for attempting to register and vote, suffering world are better for the contributions of this lem. Rather than allowing this exchange of severe economic consequences. Today, this truly exemplary American. ideas, the majority circumvented committee community presents keys to the city to those

VerDate Aug 04 2004 14:29 Feb 23, 2005 Jkt 089102 PO 00000 Frm 00004 Fmt 0689 Sfmt 9920 E:\BR01\E26FE1.000 E26FE1 2258 EXTENSIONS OF REMARKS February 26, 2001 who fought for civil rights. But, back then, at- tation of the Navy Captain Edward F. Ney Me- Today Ismini is a member of the Pancyprian tempting to register and vote could be a per- morial Awards to two Navy ships with ties to Association of America and its subdivision, the ilous thing to do. Missouri. Women’s Issues Network, as well as a mem- These efforts culminated in ‘‘Bloody Sun- The U.S.S. Harry S Truman (CVN 75) was ber and the President of the Choir of the day,’’ when our friend and colleague from awarded first place in the aircraft carrier divi- Pancyprian Cultural Division. She is also a Georgia, John Lewis, led demonstrators sion and the U.S.S. Jefferson City (SSN 759) member of the committee for Scholarships across the Pettus Bridge into the ranks of was awarded honorable mention in the sub- from the PanPaphian Association, and Treas- armed troops, rallying much of the country marine division. urer of the Greek Children’s Fund at Memorial around the enactment of the Voting Rights The Ney awards were established in 1958 Sloan Kettering and Schneider Hospitals. She Act—the crowning achievement of the Civil by the Secretary of the Navy and the Inter- is also on the Board of Directors of the Cyprus Rights Movement. national Food Service Executives Association Federation of America and is a production That was a high point in a struggle that had to improve and recognize quality food service member of the television show ‘‘H Kypros been going on for nearly two centuries. in the Navy. The awards honor overall food Mas’’ (Our Cyprus) hosted and produced by In our country’s formative years, it was service excellence by evaluating key areas in Petros Petridis, with whom she has worked thought by many that only people who owned customer service, restauranteurship, cleanli- with for many years organizing theatrical and property should be permitted to vote and par- ness and management. An independent team cultural events. ticipate in the political process. Free blacks that reviewed food preparation, management, Ismini Michaels lives in Queens and has were effectively excluded until after the imple- administration, equipment safety, sanitation, three daughters, Maria, Andri and Noni. From mentation of the Voting Rights Act, even after plastic waste and disposal evaluated each cat- her daughter Andri she has two grandchildren, the adoption of the 13th Amendment that egory. Stella and Nicholas. granted the voting franchise to black males in Mr. Speaker, the men and women respon- I wish her the best of health so that she 1866. This exclusion also extended to all sible for this exemplary service deserved to be may continue her many contributions toward women, who did not gain the right to vote until recognized. I know the Members of the House her fellow man and her beloved homelands of the ratification of the 19th Amendment in will join me in extending congratulations to the the United States and Cyprus. servicepeople aboard these ships. 1920. f In fact, not one country granted its citizens f SHOULD THE U.S. HELP HAITI? universal suffrage prior to the 20th century— IN HONOR OF THE PANCYPRIAN not Greece in the 5th Century B.C., England ASSOCIATION OF AMERICA AND with the signing of the Magna Carta in 1215, THE HONOREE OF THEIR AN- HON. JOHN CONYERS, JR. or the United States with the adoption of the NUAL DINNER–DANCE, ISMINI MI- OF MICHIGAN Declaration of Independence in 1776. CHAELS IN THE HOUSE OF REPRESENTATIVES I’m told that Finland, in 1906, was the first Monday, February 26, 2001 country to elect its government on the principle of universal suffrage in competitive, HON. CAROLYN B. MALONEY Mr. CONYERS. Mr. Speaker, today I would OF NEW YORK multi-party elections. But perhaps no one in- like to bring to the attention of the House an IN THE HOUSE OF REPRESENTATIVES spired the world more than those who valiantly article written by one of our former colleagues, carried the torch of freedom here in the United Monday, February 26, 2001 Joseph Kennedy, II. In an article which origi- States, providing a beacon of light for the Mrs. MALONEY of New York. Mr. Speaker, nally appeared in the Boston Globe, Mr. Ken- whole world to follow. I wish to bring to the attention of this congress nedy takes note of the spectacular progress Today, there are 119 countries with demo- an outstanding organization located in my dis- that Haiti has made towards democracy. He cratic forms of government—almost two-thirds trict in Queens. The Pancyprian Association of lauds their progress though they are one of of the world’s nations containing three-fifths of America Women’s Issues Network (WIN) is the poorest countries in the world and have its people. For the first time in history, a ma- dedicated to education, health, and a better environment, water, and electricity problems. jority of the world’s people live under govern- quality of life for the Astoria community. This Additionally, the majority of Haitians are illit- ments of their own choosing. Representative year they will be honoring Ismini Michaels at erate. He points out that America, though government can now be said to be a universal their annual Dinner Dance on March 3, 2001. mighty, needs Haiti. He goes on to applaud human value—a set of principles that are as- Ismini Michaels was born in Nicosia, Cyprus the recently elected President, Jean-Bertraud pired to by the vast majority of people in our and graduated from the Teaching Academy of Aristide and urges the U.S. to support his own country and around the world. Cyprus. She was a teacher for twelve years at Presidency. I submit this article for your pe- In 1867, Sojourner Truth told a group of St. Anthony’s School in Nicosia. Among her rusal and I too join Mr. Kennedy in his conclu- friends who gathered for her 80th birthday: ‘‘It many accomplishments, Ms. Michaels founded sion that the U.S. should and must help Haiti. is about time for me to be going. I have been the children’s choir and organized dozens of I also laud Secretary Powell for his comments 40 years as a slave and 40 years free, and wonderful cultural events. She was a member which appeared in an Associated Press arti- would be here 40 years more to have equal of the ‘‘Pnevmatiki Stegi,’’ the Choir of Cyprus, cle, where the Secretary called President rights for all. I suppose I am kept here be- and worked at PIK, the Cypriot television sta- Aristide’s commitments to carry out govern- cause something remains for me to do. I sup- tion, hosting the television series Music and mental and political reforms, ‘‘an appropriate pose I am yet to help to break the chain.’’ Dances of Cyprus. road map.’’ I would like to insert into the CON- This continues to be our task today: to In 1975, following the Turkish invasion, GRESSIONAL RECORD Mr. Kennedy’s article make sure the inalienable right to vote is Ismini immigrated to New York City with her which appeared in the Boston Globe on Feb- never taken from anyone, and the chain re- family in search of a better future. In New ruary 7, 2001. mains broken for ourselves and for all human- York, she worked at the Transfiguration of US SHOULD HELP ARISTIDE REBUILD HAITI Christ Greek School in Corona for three years, kind. Today’s inauguration of President Jean f and from 1981 through the present she has Bertrand Aristide serves to remind us of how worked at the Archangel Michael Afternoon far Haitian Democracy has come and how far NAVAL HONORS GIVEN TO TWO School in Roslyn, NY. the economy has to go in order to establish SHIPS WITH CONNECTIONS TO A dynamic member of the Hellenic commu- peace and prosperity in our Hemisphere’s MISSOURI nity, Ismini has served in the Women’s Divi- poorest nation. The average Haitian lives on sion of the United Cyprians of America, the less than $1 a day—the lowest in the Western HON. IKE SKELTON PanPaphian Association and the Cypriot Hemisphere. Malnutrition is three times the Teachers Association. After the sudden death regional average. More than 65 percent of OF MISSOURI Haitians cannot read or write. The same per- IN THE HOUSE OF REPRESENTATIVES of her beloved husband, Stelios, she took on centage survive on subsistence slash-and- the continuation of his work with the Depart- Monday, February 26, 2001 burn farming that strips the landscape. The ment of Health of Cyprus and the Greenpoint legacy of deforestation has left the moun- Mr. SKELTON. Mr. Speaker, it is with great Chapter of Deborah Hospital, securing free tains countryside barren and the coastal wa- pride that I inform the House of the presen- therapy and surgeries for children with cancer. ters muddy with topsoil runoff.

VerDate Aug 04 2004 14:29 Feb 23, 2005 Jkt 089102 PO 00000 Frm 00005 Fmt 0689 Sfmt 0634 E:\BR01\E26FE1.000 E26FE1 February 26, 2001 EXTENSIONS OF REMARKS 2259 Clean water and working sewage systems IN HONOR OF JOAN MATULA ON 1977, calls for establishment of a sys- are largely inaccessible. In a country suf- THE OCCASION OF HER 90TH tem for a computerized schedule of all fering from dangerous outbreaks of polio and BIRTHDAY meetings and hearings of Senate com- drug-resistant tuberculosis, health care is a mittees, subcommittees, joint commit- luxury. Housing in rural Haiti is crowded tees, and committees of conference. and inadequate. In the cardboard shacks and HON. CAROLYN B. MALONEY OF NEW YORK This title requires all such committees plastic villages of the urban slums, it’s to notify the Office of the Senate Daily downright dangerous. IN THE HOUSE OF REPRESENTATIVES Monday, February 26, 2001 Digest—designated by the Rules com- Americans have an interest in keeping Hai- mittee—of the time, place, and purpose tians in Haiti. Those who take to rafts to Mrs. MALONEY of New York. Mr. Speaker, of the meetings, when scheduled, and risk ocean crossings either die along the way I wish to pay tribute to Ms. Joan Matula, who any cancellations or changes in the or end up as refugees on our shores. The celebrates her 90th birthday this weekend on meetings as they occur. United States also has an interest in stem- February 19, 2001. Ms. Matula leads a rich As an additional procedure along ming the flow of drugs coming from South and wonderful life and contributes greatly to America by way of Haiti. with the computerization of this infor- the community in which she lives. She is a mation, the Office of the Senate Daily Some critics call Aristide a threat. In my model of civic virtue and community leader- Digest will prepare this information for work with him over the past decade, I have ship and a beacon of hope for all of us who printing in the Extensions of Remarks found him to be an honorable man who looks desire greater participation in the public out for the poor and the vulnerable. section of the Congressional Record on sphere where the concerns of the many come Monday and Wednesday of each week. It is time to end a debate based on rumor before the demands of the few. Meetings scheduled for Tuesday, Feb- Ms. Matula is a founder, a stalwart member, and focus instead on Aristide’s commitment ruary 27, 2001 may be found in the to use his new term of office to reform Hai- and a great leader of the Roosevelt Island Daily Digest of today’s RECORD. tian institutions, fix the worst aspects of the Seniors Association (RISA). Founded in 1976, last elections, and reach out to the opposi- RISA brings the Roosevelt Island senior com- MEETINGS SCHEDULED tion. munity together to make the island a better This commitment was made in a solemn place to live and to enjoy the company of FEBRUARY 28 agreement with the U.S. government last neighbors. 9 a.m. December. Haiti agreed to implement a num- As a co-founder of RISA in 1976, Ms. Agriculture, Nutrition, and Forestry ber of important political, judicial, and eco- Matula has served in many capacities, includ- Organizational business meeting to con- nomic reforms, including: Holding runoff ing service as the organization’s president for sider proposed legislation requesting elections to settle disputes over 10 Senate four terms and vice-president for two terms. funds for the committee’s operating ex- last May, establishing an electoral council She knows well the needs of the senior com- penses, subcommittee assignments, with opposition parties, increasing coopera- munity on Roosevelt Island and the best ap- rules of procedure for the 107th Con- tion with the United States to fight drug- proaches to meet those needs. Believe me gress; to be followed by hearings to ex- trafficking and money-laundering, strength- Mr. Speaker, Roosevelt Island has seldom, amine statutes of conservation pro- ening the judicial system and protecting grams in the current farm bill. very seldom witnessed a seniors event, or SR–328A human rights; and launching discussions even a general island activity, parade or public with international financial institutions to Small Business event that Ms. Matula has not attended. She craft strategies to achieve budgetary and Organizational business meeting to con- economic reforms. literally ran the senior center for six years and sider proposed legislation requesting has represented RISA at the Roosevelt Island funds for the committee’s operating ex- President Bush and Secretary of State Residents Association (RRA) since 1977, penses and rules of procedure for the Colin Powell should accept the pact signed bringing the concern of the seniors to the at- 107th Congress. by the Clinton administration. In addition, tention of leading figures in the community. SR–428A opposition leaders ought to work with and Ms. Matula has been involved in Roosevelt Indian Affairs not obstruct the Article administration. Organizational business meeting to con- Island community concerns since the begin- A key factor in raising the standard of liv- sider pending committee business; to ning. She worked at the Goldwater hospital as be followed by hearings to receive the ing for ordinary Haitians is private-sector a medical secretary until her retirement in views of the Department of the Interior investments in Haiti. In the last year, Fu- 1976. While there Ms. Matula helped residents on matters of Indian Affairs. sion Telecommunications, whose board I improve and maintain their health on numer- SR–485 serve on, assisted the Haitian national phone ous occasions. She even led the Roosevelt Is- 9:30 a.m. company, Teleco. I was proud to help bring Health, Education, Labor, and Pensions more than $1 million in private investment land nutrition program for eight years, focusing on the prevention of illness and the health of Organizational business meeting to con- from Fusion into Haiti. Of course, there are sider proposed legislation requesting hurdles investing in developing countries, everyone on the island. funds for the committee’s operating ex- but these challenges should not translate Joan has always cared about her country penses, subcommittee assignments, and into abandonment, political or economic. and has consistently participated in the elec- rules of procedure for the 107th Con- The alternative to abandonment is engage- toral process. She served as a member of the gress. ment. New York City election Board for 20 years and SD–430 We can help Haiti overcome its brutal his- encouraged Roosevelt Island residents to vote Rules and Administration Organizational business meeting to con- tory and enter a new period of peace and in numerous elections. sider pending committee business. prosperity. It will not happen overnight, but Ms. Matula is truly a remarkable person. SR–301 without the commitment of the private and She is always there whenever there is an 10 a.m. public sectors, it will not happen at all. event to promote on Roosevelt Island or an Veterans’ Affairs Ten years ago, the poor of Port-au-Prince idea upon which to build. I consider Joan a To hold joint hearings with the House whitewashed their city walls, emblazoned very dear friend and, as many residents of Committee on Veterans’ Affairs to ex- them with the insignia of President Roosevelt Island know, to know Joan is to amine the legislative recommendations Aristide’s party, and cheered as their presi- love her. Mr. Speaker, I salute the life and of the Veterans of Foreign Wars. dent-elect rode to his inauguration. work of Joan Matula and I ask my fellow 345 Cannon Building Appropriations The second Aristide government is poised Members of Congress to join me in recognizing the contributions she has made to the Defense Subcommittee to accept the world’s help to build a new To hold hearings to examine proposed Haiti. Turning our backs will simply create community of Roosevelt Island, to the great budget estimates for fiscal year 2002 for a new crisis. The Haitian people possess vast City of New York and to our country. defense health programs. resources of spirit and ingenuity. Unleashing f SD–192 their economic potential will build a strong- SENATE COMMITTEE MEETINGS United States Senate Caucus on Inter- er nation, create new partnerships in the re- national Narcotics Control gion, and redeem the promise of democracy Title IV of Senate Resolution 4, To hold hearings to examine Plan Colom- so long desired to Haiti. agreed to by the Senate on February 4, bia and to make an initial assessment

VerDate Aug 04 2004 14:29 Feb 23, 2005 Jkt 089102 PO 00000 Frm 00006 Fmt 0689 Sfmt 0634 E:\BR01\E26FE1.000 E26FE1 2260 EXTENSIONS OF REMARKS February 26, 2001 of the current drug situation, including 10 a.m. ficers Association, and the Military human rights issues, future budget Foreign Relations Order of the Purple Heart. needs, Embassy staffing issues, poten- To hold hearings to examine the anti- 345 Cannon Building tial for regional spillover, and any as- drug certification process. sociated time lines and goals. SD–419 MARCH 13 SD–215 Banking, Housing, and Urban Affairs 9:30 a.m. 10:30 a.m. Business meeting to consider S. 143, to Appropriations Foreign Relations amend the Securities Act of 1933 and Organizational business meeting to con- Energy and Water Development Sub- the Securities Exchange Act of 1934, to committee sider proposed legislation requesting reduce securities fees in excess of those To hold hearings on proposed budget es- funds for the committee’s operating ex- required to fund the operations of the timates for fiscal year 2002 for certain penses. Securities and Exchange Commission, programs that fall within the jurisdic- SD–419 to adjust compensation provisions for tion of the subcommittee. Environment and Public Works employees of the Commission; proposed SD–124 Organizational business meeting to con- legislation requesting funds for the sider proposed legislation requesting committee’s operating expenses, sub- MARCH 14 funds for the committee’s operating ex- committee assignments, and rules of penses, subcommittee assignments, and procedure for the 107th Congress. 10 a.m. rules of procedure for the 107th Con- SD–538 Veterans’ Affairs gress. 11 a.m. To hold joint hearings with the House SD–406 Budget Committee on Veterans’ Affairs to ex- 11 a.m. To hold hearings to examine the Presi- amine the legislative recommendations Foreign Relations dent’s proposed budget request for fis- of the Disabled American Veterans. To hold hearings to examine the report cal year 2002. 345 Cannon Building of the Independent Task Force cospon- SD–608 sored by the Council on Foreign Rela- 2:30 p.m. MARCH 22 tions and the Center for Strategic and Foreign Relations International Studies on State Depart- 10 a.m. Near Eastern and South Asian Affairs Sub- ment Reform. Veterans’ Affairs committee SD–419 To hold joint hearings with the House To hold hearings to examine United 2 p.m. Committee on Veterans’ Affairs to ex- States policy towards Iraq. Intelligence amine the legislative recommendations SD–419 To hold closed hearings on intelligence of the AMVETS, American Ex-Pris- Armed Services matters. oners of War, Vietnam Veterans of To hold hearings on current and future SH–219 worldwide threats to the national secu- America, Retired Officers Association, Finance rity of the United States, to be fol- and the National Association of State Organizational business meeting to con- lowed by closed hearings (in Room SH– Directors of Veterans Affairs. sider proposed legislation requesting 219). 345 Cannon Building funds for the committee’s operating ex- SH–216 penses, subcommittee assignments, and MARCH 27 rules of procedure for the 107th Con- MARCH 2 10 a.m. gress. SD–215 9:30 a.m. Appropriations 2:30 p.m. Governmental Affairs Energy and Water Development Sub- Finance Investigations Subcommittee committee To hold hearings to examine certain rev- To continue hearings to examine the role To hold hearings on proposed budget es- enue proposals within the President’s of United States correspondent bank- timates for fiscal year 2002 for certain proposed budget request for fiscal year ing and offshore banks as vehicles for programs that fall within the jurisdic- 2002. international money laundering, and tion of the subcommittee. SD–215 the efforts of financial entities, federal SD–124 regulators, and law enforcement to MARCH 1 limit money laundering activities APRIL 3 within the United States. 9 a.m. 10 a.m. SD–342 Agriculture, Nutrition, and Forestry Appropriations 10 a.m. To continue hearings to examine the Energy and Water Development Sub- Budget statutes of conservation programs in committee To continue hearings to examine the the current farm bill. To hold hearings on proposed budget es- President’s proposed budget request for SH–216 timates for fiscal year 2002 for certain fiscal year 2002. 9:30 a.m. programs that fall within the jurisdic- SD–608 Veterans’ Affairs tion of the subcommittee. To hold joint hearings with the House SD–124 MARCH 6 Committee on Veterans’ Affairs to examine the legislative recommendations 9:30 a.m. APRIL 24 Governmental Affairs of the Retired Enlisted Association, 10 a.m. Investigations Subcommittee Gold Star Wives of America, Fleet Re- Appropriations serve Association, and the Air Force To resume hearings to examine the role of United States correspondent bank- Energy and Water Development Sub- Sergeants Association. committee 345 Cannon Building ing and offshore banks as vehicles for international money laundering, and To hold hearings on proposed budget es- Commerce, Science, and Transportation timates for fiscal year 2002 for certain To hold hearings to examine the progress the efforts of financial entities, federal programs that fall within the jurisdic- of the transition from analog to digital regulators, and law enforcement to tion of the subcommittee. TV. limit money laundering activities SD–124 SR–253 within the United States. Governmental Affairs SD–342 MAY 1 Investigations Subcommittee To hold hearings to examine the role of MARCH 8 10 a.m. United States correspondent banking 9:30 a.m. Appropriations and offshore banks as vehicles for Veterans’ Affairs Energy and Water Development Sub- international money laundering, and To hold joint hearings with the House committee the efforts of financial entities, federal Committee on Veterans’ Affairs to ex- To hold hearings on proposed budget es- regulators, and law enforcement to amine the legislative recommendations timates for fiscal year 2002 for certain limit money laundering activities of the Paralyzed Veterans of America, programs that fall within the jurisdic- within the United States. Jewish War Veterans, Blinded Veterans tion of the subcommittee. SD–342 Association, the Non-Commissioned Of- SD–124

VerDate Aug 04 2004 14:29 Feb 23, 2005 Jkt 089102 PO 00000 Frm 00007 Fmt 0689 Sfmt 0634 E:\BR01\E26FE1.000 E26FE1 February 26, 2001 EXTENSIONS OF REMARKS 2261 POSTPONEMENTS the cost of electric energy to protect ordinating Council; and S. 287, to direct consumers from unjust and unreason- the Federal Energy Regulatory Com- MARCH 1 able prices in the electric energy mar- mission to impose cost-of-service based ket; S. 80, to require the Federal En- rates on sales by public utilities of 9:30 a.m. ergy Regulatory Commission to order electric energy at wholesale in the Energy and Natural Resources refunds of unjust, unreasonable, unduly western energy market, and committee To hold hearings on S. 26, to amend the discriminatory or preferential rates or amendment No. 12 to S. 287 listed Department of Energy Authorization charges for electricity, to establish above. Act to authorize the Secretary of En- cost-based rates for electricity sold at SD-106 ergy to impose interim limitations on wholesale in the Western Systems Co-

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