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

Vol. 148 WASHINGTON, THURSDAY, APRIL 18, 2002 No. 44 Senate The Senate met at 9:45 a.m. and was PLEDGE OF ALLEGIANCE immediately vote on cloture on the called to order by the Honorable HIL- The Honorable HILLARY RODHAM Murkowski ANWR amendment. I ask that Senator NELSON of Florida LARY RODHAM CLINTON, a Senator from CLINTON led the Pledge of Allegiance, the State of New York. as follows: be recognized to give remarks regard- ing our guest Chaplain. The PRESIDING OFFICER. This I pledge allegiance to the Flag of the The ACTING PRESIDENT pro tem- United States of America, and to the Repub- morning our guest Chaplain, Reverend pore. The Senator from Florida. Samuel L. Green, St. Mark African lic for which it stands, one nation under God, f Methodist Episcopal Church, in Or- indivisible, with liberty and justice for all. lando, FL, will lead the Senate in f WELCOMING THE GUEST CHAPLAIN prayer: APPOINTMENT OF ACTING PRESIDENT PRO TEMPORE Mr. NELSON of Florida. Madam President, the minister who is our PRAYER The PRESIDING OFFICER. The guest Chaplain is a personal friend of clerk will please read a communication The guest Chaplain offered the fol- mine from Orlando. It is noteworthy to the Senate from the President pro lowing prayer: that I make a couple of remarks con- tempore (Mr. BYRD). cerning him. Let us pray. The legislative clerk read the fol- Reverend Sam Green of St. Mark Oh God, our God. How excellent is lowing letter: AME Church in Orlando is a rather ex- Your name. You are wonderful. You are U.S. SENATE, traordinary minister of the gospel. He glorious. You are sovereign and majes- PRESIDENT PRO TEMPORE, comes from a family that has four tic. You alone are God. We offer to You Washington, DC, April 18, 2002. brothers who are all ministers, in Or- To the Senate: lando, Tallahassee, Gainesville, and today thanksgiving. Thank You for the Under the provisions of rule I, paragraph 3, many blessings You have so graciously of the Standing Rules of the Senate, I hereby Miami. Reverend Green’s pastorate and bestowed upon us. Thank You for bless- appoint the Honorable HILLARY RODHAM his ministry are an outreach to the ing America. We pause as a nation CLINTON, a Senator from the State of New community of Orlando, for he has cre- today to bless You. Give us strength York, to perform the duties of the Chair. ated businesses to fill the needs of the and courage to work together as a na- ROBERT C. BYRD, Orlando community that are all occu- tion to create environments of liberty President pro tempore. pied by parishioners of his church. And and justice throughout our land. Mrs. CLINTON thereupon assumed so it is with a great deal of pleasure the chair as Acting President pro tem- that we welcome Reverend Sam Green Dear Lord, grant unto this Senate an pore. of Orlando to be our guest Chaplain agenda that will speak to the issues f this morning. that affect every citizen of our Nation. Thank you, Madam President. As these women and men convene, RECOGNITION OF THE ACTING f cause them to remember that our MAJORITY LEADER Founders established this Nation under RESERVATION OF LEADER TIME The ACTING PRESIDENT pro tem- God. Then as they deliberate, their pore. The Senator from Nevada is rec- The ACTING PRESIDENT pro tem- thoughts and actions will be led by ognized. pore. Under the previous order, the You. leadership time is reserved. f God of grace, God of glory, on these f Senators pour Your power. Grant them SCHEDULE NATIONAL LABORATORIES PART- wisdom; grant them courage for the Mr. REID. Madam President, this NERSHIP IMPROVEMENT ACT OF facing of this hour in America. Give morning the Senate will resume con- 2001 them a strong resolution against the sideration of the energy reform bill. The ACTING PRESIDENT pro tem- evils that we as a nation deplore. The ANWR amendments are pending. pore. Under the previous order, the Search their souls, be their glory so The time until 11:45 is divided equally Senate will now resume consideration that these women and men who have between the two leaders or their des- of S. 517, which the clerk will report. been elected to serve as Senators will ignees. At 11:45 the Senate will vote on The assistant legislative clerk read not fail those they represent or Thee. cloture on the Stevens ANWR amend- as follows: In the name of Jesus, the Christ, we ment. If cloture is not invoked on the A bill (S. 517) to authorize funding the De- pray. Amen. Stevens amendment, the Senate will partment of Energy to enhance its mission

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

S2871

. S2872 CONGRESSIONAL RECORD — SENATE April 18, 2002 areas through technology transfer and part- The ACTING PRESIDENT pro tem- Mr. REID. I am sure it is OK. I’m not nerships for fiscal years 2002 through 2006, pore. The Senator from Pennsylvania sure I understand. and for other purposes. is recognized. Mr. DOMENICI. Madam President, Pending: Mr. SANTORUM. Madam President, I today we are debating an amendment Daschle/Bingaman further modified want to speak for a couple of minutes that, simply put, has a profound im- amendment No. 2917, in the nature of a sub- on this amendment on steel. We had an pact on our future. This legislation is stitute. opportunity to do something to pro- American jobs and national security. Kerry/McCain amendment No. 2999 (to foundly help the steel industry this And I will say, what could be more amendment No. 2917), to provide for in- creased average fuel economy standards for year. The President has done the right compelling than these two very simple, passenger automobiles and light trucks. thing. He did something tremendously but profound and obviously important Dayton/Grassley amendment No. 3008 (to important to help steel jobs by cre- considerations: American jobs and na- amendment No. 2917), to require that Federal ating the tariff decision a few weeks tional security. agencies use ethanol-blended gasoline and ago. But the second piece of this puzzle Our Nation, whether we like it or biodiesel-blended diesel fuel in areas in was to do something about the legacy not, whether we should have done which ethanol-blended gasoline and bio- cost, so the steel industry can consoli- something about it sooner or not, diesel-blended diesel fuel are available. moves on oil. We can wish for a future Lott amendment No. 3028 (to amendment date and be much more efficient. No. 2917), to provide for the fair treatment of We had an opportunity in this bill, in which there are other options, but it Presidential judicial nominees. because we had a pot of money, to be is not here now. Absolutely nothing Landrieu/Kyl amendment No. 3050 (to able to fund this program. I don’t see changes the stark fact that now, and amendment No. 2917), to increase the trans- any other pot of money out there that for the foreseeable future, we need ex- fer capability of electric energy transmission is substantial enough to meet the panded supplies of oil, and we are dan- systems through participant-funded invest- needs of people who are basically with- gerously dependent on foreign sources. ment. out health insurance now because of Our economy grinds to a halt with- Graham amendment No. 3070 (to amend- out oil. Our tremendous military capa- ment No. 2917), to clarify the provisions re- the failure of so many companies in the lating to the Renewable Portfolio Standard. steel industry. We had the money. All bilities require oil. Today, for example, Schumer/Clinton amendment No. 3093 (to we needed was the will. Fortunately, it takes 8 times more oil to meet the amendment No. 2917), to prohibit oil and gas you had the steel companies saying needs of each American soldier than drilling activity in Finger Lakes National let’s do it and make this our chance be- during World War II. Forest, New York. cause the money is here, the will is Senator after Senator has noted that Dayton amendment No. 3097 (to amend- here. The steelworkers passed. Many we are now importing almost 60 per- ment No. 2917), to require additional findings people here who are advocates for cent of our oil. We all know that the for FERC approval of an electric utility past crises occurred when we were half merger. steelworkers are taking a pass. The Schumer amendment No. 3030 (to amend- reason is because they cannot get a as much dependent. Those crises oc- ment No. 2917), to strike the section estab- commitment from the President to curred when other nations followed lishing a renewable fuel content requirement sign this exact piece of legislation. their own best interests. That will al- for motor vehicle fuel. I am going to vote for this legisla- ways be the case. Our interests will not Feinstein/Boxer amendment No. 3115 (to tion, but if that now is the standard, I always drive the actions of our neigh- amendment No. 2917), to modify the provi- am going to adopt that standard. I will bors and countries that call themselves sion relating to the renewable content of not vote for another piece of steel leg- our friends. motor vehicle fuel to eliminate the required We know that oil is going to become volume of renewable fuel for calendar year acy legislation on the floor of the Sen- 2004. ate. I will not advocate for another an increasingly precious resource. Sup- Murkowski/Breaux/Stevens amendment piece of steel legacy legislation until plies are not infinite, but it is not a No. 3132 (to amendment No. 2917), to create we have a commitment from the Presi- question of whether we have enough oil jobs for Americans, to reduce dependence on dent, before it leaves the Senate, that for the foreseeable future; but will foreign sources of crude oil and energy, to he will sign it. Since that is the com- America be able to be assured—or can strengthen the economic self determination mitment that was necessary here, that we do things that will make us more of the Inupiat Eskimos and to promote na- assured that we will have what we tional security. will now be the commitment to get my Stevens amendment No. 3133 (to amend- support and advocacy on this side of need? ment No. 3132), to create jobs for Americans, the aisle for any future steel legacy We know that oil is getting to be a to strengthen the United States steel indus- bailout. You have made your bed, and more precious resource. Obviously, we try, to reduce dependence on foreign sources it is an uncomfortable one, and it is have become vulnerable to disruptions. of crude oil and energy, and to promote na- not going to be a satisfying one for the That vulnerability has never been larg- tional security. people who could today be realizing er. But I submit that it will get larger Mr. REID. Madam President, I ask health care, could be realizing a res- in the future because we are not taking unanimous consent that the full 2 toration of the health care benefits any action, in my opinion, that either hours be given and the votes occur at that were promised them. But some short-term or long-term will change 10 minutes to the hour rather than 15 people decided to take a political pass. that situation. minutes on the hour. Go ahead and take your political pass, At this instant, we see tremendous The ACTING PRESIDENT pro tem- but the impact on all of these workers instability in the Middle East. We have pore. Without objection, it is so or- is profound, and the impact on all of been getting at least 1 million barrels dered. these retirees is profound. It is a very of oil per day from Iraq. And insta- The Senator from New Mexico is rec- sad day for the steelworkers and the bility doesn’t stop in the Middle East. ognized. retirees as a result of the politics being Whatever it is that is causing insta- Mr. DOMENICI. Madam President, I played on this issue. bility in our world, has moved over understand I have up to 15 minutes to I thank the Chair. into our hemisphere. Obviously, Ven- speak at this time, is that correct? The ACTING PRESIDENT pro tem- ezuela is another very major supplier The ACTING PRESIDENT pro tem- pore. The Senator from New Mexico is of the United States. It does not take a pore. No time was specifically allotted recognized. genius to look into the cloudiest of to any particular Senator. Mr. DOMENICI. Madam President, crystal balls and forecast that there Mr. DOMENICI. I thank the Chair. I this side has asked me to ask unani- are likely to be immense shortages of am supposed to proceed on our side. As mous consent that the time consumed oil in the near future. the majority whip knows, I have a by the quorum call be equally divided Some argue that ANWR oil will not hearing beginning shortly. The Senator on the unanimous consent the Senator be ready for 10 years, while experts from Pennsylvania wanted to use 2 from Nevada just requested. note that oil could be flowing in 1 to 2 minutes of my time. Could we let him Mr. REID. I hope we don’t have a years. Others will argue that even with proceed for 2 minutes? quorum call. the shorter time, ANWR cannot impact Mr. REID. That would be fine if the Mr. DOMENICI. That quorum time be today’s crisis sufficiently. Sure, it can- three Republican Senators wish to equally divided. That is what we are not, but it will be better and it will en- speak. trying to clear up. able us to withstand the next crisis April 18, 2002 CONGRESSIONAL RECORD — SENATE S2873 much, much better. In fact, it might tiny piece of a gigantic area encom- To me, this is a very easy issue. We postpone one crisis or another crisis in passing more than 20 million acres. should drill in the United States using the future. And there is no question That means 99.99 percent of ANWR is our best environmentally friendly tech- that prices at the oil pump are now untouched by this development. If the nology under our rigid environmental being impacted by this situation that I same fraction of New Mexico, my home controls. We should drill where we can have just described with reference to State, was developed as is being pro- find our own oil to satisfy our national our dependence on the Middle East and posed in ANWR, it would consume an needs and, at the same time, we should other world conditions. Whether you’re area roughly the size of the Albu- work to develop new technologies that shopping at the neighborhood gas pump querque Sunport and Kirkland Air lessen our dependence on oil and petro- or reading the papers, the signs are all Force Base. leum-based fuels. There can be no around us, oil is approaching $26 a bar- That piece of geography in the south- doubt, ANWR will not solve our prob- rel versus $18 earlier this year. west in New Mexico—the Sunport in lem, but clearly it will help solve our There are headlines such as ‘‘Gas Albuquerque plus Kirkland Air Force problem, and with that, there are so Prices Put Some Budgets Running on Base—is the entirety of property that many pluses in terms of where the Empty,’’ and ‘‘The Oil Market is Run- would be used. It would leave no de- wealth will go, where the money will ning Scared.’’ Those kinds of signs are struction or damage or in any way be invested, which workers will get the plastered in newspapers and magazines. harm the 2,000 acres. That can be done. jobs, which businesses will be part of Right here in Washington, gas prices For those who wonder whether we the very complicated drilling tech- have climbed 20 percent in the past can drill that many wells and get that niques and apparatus that will be on month. Besides giving us more control much oil from such a small piece of ge- American soil drilling for oil for Amer- over our own gas prices, ANWR has ography, that is what the law says; icans, instead of part of the inter- other far-reaching impacts. After all, that is the only activity the President national pool produced by some other we are just coming out of recession. would be allowed to do if either of the country, the benefits of which are abso- This is the time when good jobs are pending amendments were to be adopt- lutely nil to the United States. especially precious. ANWR oil, valued ed. It is an easy issue because this is an at $300 billion or more, means thou- If the same fraction of New Mexico American issue and a jobs issue with sands upon thousands of jobs for Amer- were developed as is being proposed in very little downside. Actually, this icans. It is estimated that the Presi- the ANWR drilling, it would consume should not be an environmental issue. dent’s whole energy package delivers the area I have just described. There This should not be an issue that oil about 700,000 jobs for Americans. Many are some who do not believe that, but companies favor. This should not be an of those jobs are represented by some I repeat, we have become such techno- issue that the labor unions favor. This of our strongest unions, and we have logical experts in drilling for oil that, is an American issue that we should seen a number of them support the pas- indeed, 2,000 acres will suffice because have come to the floor shoulder to shoulder saying: Let’s give it a try. sage of the ANWR legislation. we no longer drill straight down, per- I submit that just as happened in the It is obvious to me there will be pendicular. We drill horizontally so Prudhoe Bay activity—after lengthy many jobs in special areas of oilfield there will be many wells many dis- debates and passing by the narrowest exploration, and extensive logistic sup- tances from this 2,000 acres, but it will of margins, with all that was going to port will be needed at every step of ex- not be visible on the surface nor will it happen environmentally in that area, ploration and development. impact the surface. from what I can tell and on what I have In one sense, this is a huge jobs op- We have spent a lot of resources—a been briefed from people who live portunity for Americans. These are lot of businesses invested money and there, nothing of significant damage to highly paid jobs. They will go else- we invested money in the research to the environment has occurred—I pre- where. They will not stay in this coun- permit that, to get us to this point dict the very same thing will occur if try. Salaries will be lost as we become where we can stand in this Chamber we proceed to drill on the 2,000 acres more dependent, and without us having and talk about horizontal drilling and set aside. about a footprint of 2,000 acres that the advantage of the ANWR oil activi- I regret, if it turns out this cannot be ties, the oil money will go elsewhere. could drain the entirety of ANWR, the passed, that the argument apparently We will pay more money to foreign entirety of the 1.5 million acres or at will prevail that we should let the envi- countries rather than keep it for our- least sufficient quantities to make it ronment be degraded in other countries selves. worthwhile. to produce commodities that we des- If we import more, then we are only We would rush to the floor to vote for perately need, but we should not encouraging more pumping in places in any project or program that we could produce this product on our own land put into effect that would produce the the world with less stringent regula- under far more stringent environ- kind of jobs that ANWR will bring. tions, which I have just commented on. mental controls. To me it makes no There is no question it is the biggest If we want to move environmental deg- sense as an environmental issue. job-producing activity that anyone radation elsewhere—which will be min- To me, it is abandoning hundreds, could plan during the next decade and uscule in the United States, in Alaska, and hundreds of thousands, of jobs and perhaps thereafter. in ANWR—then shame on us and dou- billions of dollars that are American. If we import more oil, we are encour- bly shame on us if we, with the same We are going to be sending those off to aging more pumping from places in the set of events, deny an opportunity to others saying: You enjoy them because, world with less stringent environ- produce it under stringent require- after all, America is so powerful, so mental regulations. If we import more, ments as we have been referring to for strong, we do not need any. what sense does it make to ban our ex- ANWR. I believe this amounts to something ploration and drilling under rigid envi- It is likely that the ANWR supply very close to economic arrogance on ronmental mandates and tell the rest would replace about 30 years of oil im- the part of those who promote it. It is of the world to use whatever ap- ports from Saudi Arabia and about 50 kind of like walking out and saying: proaches they want, with whatever en- years of oil imports from Iraq. Right America is so robust, we do not need to vironmental damage, just to satisfy now, we pay Saddam Hussein about $4.5 worry about hundreds of thousands of our needs and our thirst? billion a year for oil. Do we really want jobs and billions of dollars that could We cannot, by defeating ANWR, man- to be dependent on this regime? Do we be ours instead of some other country date the environmental conditions that want it to grow rather than diminish? in the world. It would seem to this Sen- will exist across this world when the If we want his regime to grow, then re- ator that it is a very clear issue. I, for oil that would have been ANWR oil is ject the two pending amendments. If one, am sorry we have taken so much produced by other countries in other we want Saddam Hussein’s influence to time, and I do hope when we finish places. lessen, then we ought to vote in such a with this issue that we will proceed. ANWR critics need to remember that way as to permit American business, I note my colleague from New Mexico this amendment limits the total foot- American working men and women to has been in this Chamber for an inordi- print of all operations to 2,000 acres, a proceed to produce on our behalf. nate amount of time trying to get this S2874 CONGRESSIONAL RECORD — SENATE April 18, 2002 bill done. I want to say to him, I am issue on which we should all agree: sive energy policy the country can sup- not one who wants further delay. When America is too dependent on oil. We port and with which we can move we get this finished, I am for getting must be honest with the American peo- ahead. on with it. I hope that happens in a few ple about this simple truth: America I urge my colleagues to vote against days rather than weeks. The issue has has 3 percent of the world’s oil re- the cloture motions. I have several rea- been joined. Both sides have had a good serves; 90 percent of the oil reserves are sons for that. One point that needs to shot at it. Perhaps none of us have un- elsewhere, but we use 25 percent of the be made very clearly is one that I derstood it correctly, but I think we world’s supply of oil. America will think has sort of not been said but has have all tried. never again produce all of the oil it been part of the background discussion, I yield the floor. uses. As long as America depends on and that is that nothing that is pro- The PRESIDING OFFICER (Mr. MIL- oil, we will have to depend on foreign posed with regard to drilling for oil in LER). The Senator from Nevada. oil. That is too bad. There is no ques- the wildlife refuge would in any way Mr. REID. Mr. President, the Sen- tion that reducing our use of foreign reduce the price of gas for Americans. ators on the Democratic side who have oil is a critical goal for our Nation. The suggestion has been made, well, requested time will be given this Improving fuel efficiency in cars the price of gas is going up. Therefore, amount of time: Senator BINGAMAN, 10 would significantly reduce our debili- we have to rush out and drill in the minutes; Senator BOXER, 5 minutes; tating dependence on foreign oil. If all Arctic Wildlife Refuge. The truth is, Senator DASCHLE, 10 minutes; Senator cars, trucks and pickups had a cor- there is nothing in these proposals that KERRY, 10 minutes; Senator porate average fuel economy, or CAFE is going to affect the price of gas to the LIEBERMAN, 5 minutes; Senator REID, 5 standard, at 27.5 miles per gallon, the American consumer. I think everyone minutes; Senator ROCKEFELLER, 10 country would save more oil in 3 years sort of concedes that point when asked minutes. than could be recovered economically the question, but I wanted to make it Mr. President, some of my colleagues from the entire Arctic National Wild- very explicit. have advocated opening the Arctic Na- life Refuge ever. Also, there is nothing in this pro- tional Wildlife Refuge to drill for oil. It is easier to save a barrel of oil posal to help us with our short-term Those who favor exploiting the Arctic than to produce one. Reducing our de- needs. The Energy Information Agency Refuge for whatever oil might be there mand for oil means eliminating the in- says that even if we were to pass legis- often suggest this Coastal Plain is des- efficiencies that plague our Nation’s lation this year to permit drilling in olate and unforgiving. energy use. Our energy policy must the Arctic Wildlife Refuge, there would The Arctic Refuge is a very different promote responsible production of oil be no production out of that area for at landscape than most of the wildlife ref- and gas. This legislation will provide least 7 years, perhaps for as long as 12 uges in the lower 48 States. This tax incentives to do just that, but that years. unique Coastal Plain is worthy of pro- does not mean we should drill in the We had a hearing in the Energy Com- tection, and that is an understatement. pristine Arctic wilderness. Although mittee where the representative from I am from a place called Searchlight, drilling in the Arctic refuge might ExxonMobil said it would be at least 8 NV, a small town in the heart of the seem like a solution to our energy years, and more realistically probably Mojave Desert. The Mojave Desert is challenges and could be profitable for 10 years. So there is no solution to our the driest and one of the most unfor- oil companies, America cannot afford short-term needs in these proposals. giving regions in North America. It is to cut corners at the expense of this I would also make the point, which also one of the most beautiful and awe- refuge. we have tried to make in several ways, inspiring places on Earth. This desert, The refuge can only supply 6 months’ that there is really no solution to our because of its extreme climate, is very worth of oil to meet America’s energy long-term needs in this proposal to slow to heal from impacts people make needs. This is not a solution. We must open the wildlife refuge either. I have a in it. The Mojave Desert is hot, it is find a long-term solution because once chart that we have shown before, but I dry, and it is fragile. the oil is extracted and used it is gone. think it is a very instructive chart. It The Arctic Refuge, though so dif- We will soon find ourselves facing the is based on information from the En- ferent from the desert, is actually simi- same dilemma, only this refuge would ergy Information Agency, which is part lar to the Mojave in that it is another be destroyed and/or damaged. of our Federal Government, part of the of North America’s most unforgiving There are solutions. Substituting al- administration. We asked them first a landscapes. ternative energies, solar, wind and, of pretty obvious question. We said, let us Like the Mojave Desert, the Arctic course, geothermal, as well as biofuels look long-term in the year 2020. How Refuge is a beautiful, irreplaceable and for fossil fuels or using them as fuel ad- dependent will we be on foreign oil if shared national treasure. The Arctic ditives can help offset some of our de- we do not open ANWR to production? Refuge belongs to all Americans and mand for petroleum and at the same They said, we will be 62 percent de- all Americans should have a voice in time dramatically reduce pollution. pendent. The exact figures they gave us determining its future. Those pushing As fantastic as it sounds, with the show we are about 55 percent depend- to drill for oil in this American wilder- use of hydrogen fuel cells, as the Sen- ent this year on foreign sources of oil. ness claim drilling would not have a ator from Idaho spoke recently, oil will In 2020, we will be 62 percent dependent harmful impact, but we know that due eventually be phased out as a primary if we do not open ANWR. to extreme climate the Arctic would be transportation fuel. Yes, our Nation Everybody said, great. Let us think slow to heal from the wounds caused by will some day abandon oil as its pri- about opening ANWR then. We said, oil and gas exploration and develop- mary energy source in favor of natural how dependent would we be if we did ment. gas and renewable energy. The day is open ANWR to drilling? They said we The Arctic Refuge is cold, it is wet, it coming. I hope it is a day when we can would be 60 percent dependent. That is is fragile, and it is also unique and irre- all look back and be proud that we the issue. It is a 2-percent difference in placeable. The Arctic Refuge is not a made the right decision to protect the the year 2020. wasteland. We must not allow it to be- Arctic Refuge for centuries to come. Then we asked the next question: come one. I am fortunate to be able to The PRESIDING OFFICER. Who Longer term, what about 2030? How de- return home to the Mojave Desert and yields time? The Senator from New pendent will we be in 2030 if we don’t enjoy visits with my family. That is Mexico. open ANWR to drilling? The answer is, where my home is. Mr. BINGAMAN. Mr. President, I 75-percent dependent upon foreign Congress should guarantee, for the welcome a chance to speak for a few sources of oil. This is assuming we sake of our children and grandchildren, additional minutes on this important don’t change any of our other policies the Arctic National Wildlife Refuge issue. In my view, opening the Arctic with regard to CAFE standards, with also remains pristine, unharmed and National Wildlife Refuge is not good regard to use of hydrogen power for free from wasteful exploitation. environmental policy for our country fuel cells or anything else. They said 75 Behind the misguided drive to drill in and also it distracts us from the effort percent; we said, if we do open ANWR the Arctic Refuge is a fundamental we are making to craft a comprehen- to drilling, how dependent? And they April 18, 2002 CONGRESSIONAL RECORD — SENATE S2875 say 75 percent. The truth is, their pro- and developed. We need to figure out Mr. REID. And Senator DASCHLE’s jections indicate that whether ANWR what we can do through policies and time? is opened or is not opened for drilling incentives to encourage the develop- The PRESIDING OFFICER. Forty- and production, by the year 2030 it is ment of those resources. Clearly, there three minutes. all gone and we are at 75-percent de- is a substantial benefit to our country Mr. REID. I make a unanimous con- pendence upon foreign sources of oil. there. sent request. I suggested earlier what So there is nothing in these proposed The point I made repeatedly through- we would do in our time remaining: amendments we are going to be voting out the 5 or 6 weeks we have been on Senator DASCHLE, 10 minutes; Senator on that solves our long-term problems. this bill—I am losing track at this ROCKEFELLER, 10 minutes; Senator The controversy, I do believe, has di- point—the point I have made repeat- KERRY, 10 minutes; Senator verted our attention from other real edly is we need to begin looking to LIEBERMAN, 5 minutes; and Senator opportunities to enhance our domestic other sources of energy. We need to be BOXER, 5 minutes; and I ask that be in energy production. Let me recount looking at other ways to meet our en- the form of a unanimous consent re- briefly what some of those are. ergy needs: Better energy conserva- quest for how the time is distributed Senators from Alaska made the point tion, more attention to research and on our side. very strongly, and I agree with them, development, more attention to renew- The PRESIDING OFFICER. Without that a tremendous opportunity for our able energy sources. Clearly, that objection, it is so ordered. country as far as meeting our energy needs to be a major thrust of what we Mr. MURKOWSKI. Mr. President, it needs in the future is concerned is get- do. is my intention to try to follow a simi- ting the gas that is produced in the There are provisions in one of the lar pattern on our side. I reserve 10 Arctic down to the lower 48 so we can amendments we will vote on related to minutes at the end at my discretion as use it. We have 32 million cubic feet of the steelworkers and to the steel indus- manager on this side of the aisle. natural gas that is immediately avail- try. The Senator from Pennsylvania The PRESIDING OFFICER. Without able, substantially more natural gas was here a few minutes ago and spoke objection, it is so ordered. that is expected to be available if there to that. Many Members in the Senate Mr. MURKOWSKI. I yield to Senator is a way to transport that—a pipeline— are sympathetic to the problems the STEVENS such time as he needs. from the North Slope down to the steel industry has encountered, par- The PRESIDING OFFICER. The Sen- lower 48. We have provisions in this bill ticularly the workers, the retirees from ator from Alaska. that will facilitate the construction of that industry, the legacy issue relating Mr. STEVENS. Mr. President, I am that pipeline. to the steel industry. I am persuaded delighted the Senator from New Mex- We have worked with the Senators this is not the right place to try to deal ico has indicated his support for the from Alaska to try to devise other pro- with that issue. We should not be try- Alaska natural gas pipeline. I hope we visions, incentives, ways to reduce the ing to deal with that issue as an add-on can proceed during this Congress to risk, the financial risk involved, so to a proposal related to the opening of carry out that commitment. that pipeline can be constructed. It is the Arctic Refuge. The gas we will transport is from very much in our national interest I also don’t believe we should be try- State land, not Federal land. Obvi- that be done. I very much hope as a re- ing to deal with any of our commit- ously, we are going to have to have sult of the legislation, we are able to ments or assistance to Israel as part of some changes in Federal law to permit do this. this effort to open the Arctic Refuge the construction of the largest project Talking now again about oil rather for drilling. Those are separate issues. in the history of man. It will take some than natural gas, there are substantial There is strong support in the Senate incentives. I tried to provide some in- prospects for increased production of for dealing with both of those issues, centives to that through the second-de- oil on the North Slope of Alaska in the but it is not appropriate, in my view, gree amendment. That is obviously not National Petroleum Reserve, Alaska. to try to roll those into these amend- going to be adopted by the Senate. There are 23 million acres of Federal ments. I will speak for a moment about the This energy bill has got enough on it land that have been set aside to secure defeatist attitude of the Democratic and enough issues to deal with without our petroleum reserves. That is the or- Party. The Senator from New Mexico adding these provisions. Clearly, they ange area on this map. This is very has said we have 75-percent dependence complicate the issue substantially and promising. The previous administra- on foreign oil coming. Why? We closed do not hold out a real prospect for solv- tion leased a substantial area for drill- all the coast lines in the United States ing either of those problems. ing. Those leases were certainly sought There is a lot of talk about jobs. I be- to oil and gas exploration—except the by the industry. There is another lease lieve sincerely this energy bill overall, gulf and a little bit in Alaska on State sale being prepared for this June. if we can pass it, if we can get it to the lands. Those are State lands where oil There are additional lease sales President for signature, will create and gas drilling and production take planned in the future. They all have substantial jobs in this country. We place. The Federal lands, because of the very high interest of the oil and will do that in a variety of ways. We the demands of the Sierra Club and gas industry. I strongly support going will create substantial jobs if we other radical environmental organiza- ahead with that development. It is incentivize construction of the gas tions, are closed to oil and gas leasing, something we need to do to meet our pipeline from the North Slope down to almost. The administration is going to needs. I hope we do. the lower 48. We will create substantial try to reopen some of them in the In addition, there is a substantial jobs if we are able to move ahead with Rocky Mountain area. We will see how area of State and Native lands between more use of renewable energy through- the Democratic Party reacts to that. the Arctic Refuge and the National Pe- out our country. That will create sub- But as a matter of fact, the Clinton ad- troleum Reserve, Alaska, between the stantial jobs. There are all sorts of pro- ministration closed NPRA. The Sen- green area, which is the wildlife refuge visions in the bill that will create jobs. ator from New Mexico talks about area, and the orange area, which is the I believe it is far better in the job cre- opening it. It is closed. We tried to National Petroleum Reserve, Alaska ation arena than the bill passed by the open it several times. area. That is State and Native land. House of Representatives last summer. I welcome the attitude that we are There is an aggressive State leasing I conclude by saying I hope Senators going to open up the reserve set aside program going forward there. That will vote against cloture on these two for Alaska in 1925 by President Coo- benefits, of course, everyone and in- amendments so we can move on to lidge to try to make up for the Teapot creases domestic production. some other issues and conclude action Dome scandal. It has been closed since Even when we get away from the on this very important energy bill. that time. We had one well drilled dur- North Slope of Alaska and look at the Mr. MURKOWSKI. How much time ing the war by the Navy. By the way, Gulf States, we have today 32 million remains on each side? it was a pretty good well. It was very acres offshore of Louisiana, Texas, and The PRESIDING OFFICER. Forty shallow, but it was good. Mississippi, that have been leased for minutes remain to the Senator from The Sierra Club and all the radical drilling and have not yet been drilled Alaska. organizations have brought about the S2876 CONGRESSIONAL RECORD — SENATE April 18, 2002 closure of offshore drilling, the closure thing that every Senator should know: would say too long—but I have seen of Federal lands drilling, the closure of Do not depend on future Congresses, few people who have done a better job Alaska lands now. What more do they particularly future Senators, to keep in trying to promote what I perceive to want? If we follow this defeatist atti- commitments that were made by a pre- be the public interest than Senator tude that we are going to face 75-per- vious Congress and President. In 1980, MURKOWSKI. cent imports in the future as far as our the commitment was made that this Today, we are going to vote on clo- oil energy is concerned, it is going to area would be subject to drilling, if it ture on ANWR. I think it is clear that happen. It will not happen if we decide did not—if the environmental impact we do not have the votes, and there are we are going to use our technology showed there was not going to be per- many reasons for that. But no one can base to do what President Truman manent harm to the area as far as the fault the Senator from Alaska, Mr. wanted to do, go offshore and research fish and wildlife was concerned. We re- MURKOWSKI, because no one has done the seabed. Two-thirds of the world’s lied upon that commitment in Decem- more to put together a coalition, which surface is covered by water and there is ber of 1980 to go ahead with this whole now involves labor unions, involves very little production in that water idea of withdrawing 104 million acres. people who are concerned about Israel around the United States. Half of the We relied on a commitment made by and the Middle East, and involves peo- Continental Shelf—probably even more an administration and Congress, in ple who are concerned about the na- than that—off the United States is off law, that we would be able to do that. tional security implications of not pro- our State. Not one well has been drilled In subsequent Congresses the House ducing energy here at home to turn the out there. Why? The environmental or- has carried it out, strangely enough. wheels of industry and agriculture, en- ganizations oppose it. The Senate has not—except for twice ergy that can be produced efficiently, We will have 75-percent dependence when we sent it down to the President and that can be produced in an envi- on foreign oil if the Democratic Party and President Clinton vetoed it. ronmentally sound way. has its way. It is part of the platform So if you want a continuum of what Because we are not producing energy of the Democratic Party to oppose is causing the 75-percent dependence at home, we are becoming dependent drilling on these lands. So it is a polit- upon foreign oil that the majority says on foreign oil, and the national defense ical issue, and it is high time we faced is inevitable, then follow the Demo- and security implications and the for- up to it. cratic Party. Follow them to depend- eign policy implications are over- We think we have a right to trans- ence upon foreign oil, the exporting of whelming. port that gas. As a matter of fact, in I could understand opposition to U.S. jobs, and the total dependence the State of the Senator from New opening up ANWR if a realistic case upon the philosophies of foreign na- Mexico, the Indians in his State can could be made that it will not produce tions in order to keep our Nation drill on their lands. They are producing this energy or create 750,000 jobs in the going. gas on their lands. They are producing process. By the way, that is why orga- Just think of that. We are saying it oil on their lands. What happens in our nized labor is for opening ANWR, in my is inevitable, in order to keep this State? They cannot drill on privately opinion—that and their legitimate con- country going—this country, the great- owned Native land, Eskimo land that is cerns as citizens about national secu- est economic engine the world has ever within the 1002 area in the Alaska rity. seen—we have to be totally dependent Coastal Plain, the 1.5 million acres. If the price we had to pay to produce There are 92,000 acres owned by those upon foreign oil; 75 percent is total as this energy was the rape and pillage of Eskimos, and they cannot drill. Why? far as I am concerned. the land, and massive environmental The Senator from New Mexico says Because the administration at the time destruction, and if we will create some- this will not affect the price of gas. they got the lands, the Clinton admin- thing that looked like Azerbaijan in istration, demanded that they agree to How would you like to make a bet? Do the wake of the efforts of the Soviets a provision that they could not drill you want to make a little bet? I bet be- to exploit oil and gas there, then I until we were able to drill within the fore the end of the year, the price of think we could have a legitimate de- 1002 area itself. gas is up again 25 cents at least. As a bate on the floor of the Senate about Talk about discrimination. Not only matter of fact, as the trendline goes up this. Under those circumstances, I is the State discriminated against but on dependence on foreign oil, the price think the case we are trying to make our Natives are discriminated against. is going to go up. That happens every here would be a lot harder. But the We are going to have an amendment time we have seen that line go up in amazing thing is no one has proposed before we are through with this bill. terms of dependence on foreign oil. such a program. What is astounding to That amendment will be to allow the If you do not believe that, go back me is how extreme the environmental Alaskan Eskimos to drill on their own and look at the price of gas before the movement in America has gotten in re- land, to stop this discrimination embargo in the 1970s and then see that lation to how modest the proposal that against our people. It is bad enough to as that embargo was lifted, we in- we are getting ready to defeat is. discriminate against the State, but to creased our dependence on foreign oil. Let me remind people of these num- discriminate against Alaskan Eskimos It was less than 35 percent in 1973, and bers. who own that land is just atrocious as it is now 57 percent, they say. If it is There are 319.7 million acres in Alas- far as I am concerned. going up to 75 percent, just follow the ka. Some people claim it is the largest I welcome the support of the Senator trendline of the price of gasoline. State in the Union. There could be a from New Mexico, as I said, for the It may be so. As a matter of fact, it debate about that. Alaska natural gas pipeline. It is going is so. If we pass our amendment, it When you look at the ANWR area to take some incentives. If we want would not change the price of gas now, where there is the potential for oil and that gas down here—the equivalent, by but it will change the price of gas in 6 gas production, there are 20 million the way, of a million barrels of oil a years. We will be more dependent upon acres of land in that area. That’s just day—if we want that gas down here be- foreign oil in 6 years if we do not open 20 million of 319.7 million. fore 2030, 2050—when they talk about up the Arctic Plain. In 1980, Congress decided to reduce the real demand for energy—if we want The PRESIDING OFFICER. Who the area open for production from 20 it, even then, we are going to have to yields time? million to 1.5 million acres. But the start now. If we started right now to Mr. STEVENS. I yield to the Senator proposal of Senator MURKOWSKI is so build the Alaska natural gas pipeline it such time as he wishes. modest that it says let us reduce that would be finished in 2011; 9 years min- The PRESIDING OFFICER. The Sen- even further, down to only 2,000 acres. imum. That is nonsense. ator from Texas. So we have now come from 319.7 mil- It is nonsense that we cannot drill on Mr. GRAMM. Mr. President, I thank lion acres to 20 million to 1.5 million to our lands. It is nonsense they will not the senior Senator from Alaska. I con- the point where we are talking about a keep the commitment that two famous gratulate him. But I especially want to relatively tiny footprint for oil and gas Democratic Senators made. congratulate the junior Senator from exploration of 2,000 acres. I have learned a lesson from this in Alaska for his leadership on this issue. Now, what kind of technology will be the last 21 years and that is this, some- I have been here a long time—some employed? Well, we are talking about April 18, 2002 CONGRESSIONAL RECORD — SENATE S2877 the most expensive technology on the we have a growing dependence on oil, acting rationally, that rationality and planet being used to assure that even that there are profound national secu- the public interest will override the in the 2,000 acres, we have a very mod- rity implications of producing as much wishes of extreme special interests. est environmental impact. oil as we will import from Saudi Arabia The sooner we can do it the better. We In addition to that, while we would in the next 30 years on 2,000 acres of ought to do it now. Even if we started allow the potential for production in land in a State with 317 million acres? preparing today, it would take years to 2,000 acres out of 319.7 million acres I know I am not going to sway any- get the oil and gas in ANWR. I think is under the most restrictive covenant for one’s vote, but I want people to under- an indication that time is wasting, and oil and gas exploration in American stand this has become a debate not that we need to get on with this. history, still, under the Murkowski about America’s interest, but about po- We will also have a cloture vote this amendment as offered, you couldn’t en- litical symbols. morning on the so-called steel legacy gage in exploration even on the 2,000 Opposition to this amendment can- issue. I intend to vote against cloture. acres unless the President of the not be supported on the basis of ration- I am adamantly opposed to that United States made a decision through ality. It cannot be based on any real- amendment. It is a bad idea whose time a Presidential finding that the national istic weighing of the national interest. has not come. I would like to remind security interests of the United States It can only be based on blind loyalty to my colleagues that the majority of the dictated that such action be taken. symbolism. members of the Steel Manufacturers The provision before us bans export When you get into these extreme po- Association oppose the amendment be- of the oil assuring that every bit of it sitions where you are putting political cause it rewards inefficient producers will be used in the United States. symbolism in front of America’s inter- and those who granted benefits they It has other provisions related to est, I don’t think you are serving the could not pay for at the expense of effi- Israel and its special circumstance in public purpose. cient producers. terms of oil needs. I remind my colleagues that when Secondly, I think it is important to Finally, to compensate for 2,000 acres Greeks went to ask advice from the Or- note that some of these steel compa- that will have minimal disruption if a acle, they found this inscription above nies are still in business and have national security waiver permits pro- the gate at Delphi: ‘‘Moderation In All roughly 200,000 retirees. If we are going duction to occur, the amendment be- Things.’’ to come in and start paying benefits fore us reclassifies 1.5 million acres in I believe this is an issue where we for operating companies that are irre- Alaska as wilderness. need to step back and ask ourselves: to sponsible in promising benefits that I think if you really thought this was whom do we owe allegiance? What are they cannot afford, then we are going some kind of rational debate about the we trying to promote? Whose interest to encourage other companies act in a public interest, you would have to ask are we trying to advance? similar manner. yourself: How in the world could any- I think when one special interest I think it is very important we recog- body be opposed to this amendment? group becomes so demanding as to nize that by doing this, we are adding When you are talking about being re- jeopardize national security and the to the problem in the steel industry by sponsible and moderate, how could you public interest to try to make a point keeping excess capacity in business do more than this amendment does? for them, when symbolism becomes when everybody knows capacity should Yet this innocuous proposal has at- more important than the security of be reduced, not maintained. I think tracted enormous opposition. The op- America, then something is badly spending $7 billion to bail out these position basically boils down to the wrong. steel companies is a misuse of taxpayer fact that we have gotten into a polit- I just wanted to make that point. money. ical situation where vested political in- I am going to vote with Senator Finally, all over the world today, so- terests are dictating the outcome of MURKOWSKI. I see that he has come cialist countries are trying to get out the debate. God bless them because back to the Chamber. of the business of bailing out ineffi- some of them make up the interests of I just want to say this: I have cient, feather-bedded companies. All America, and they have every right to watched him debate. I have been in- over the world, in every socialist coun- be extreme because that is what having volved in many of them. But I have not try on Earth, people are trying to undo rights is about. A news article from the seen anybody do a better job than Sen- this stuff. Yet, here we are, in the New York Times which somebody read ator MURKOWSKI has done on this issue. United States of America, trying to get to me this morning reports that if we I have never seen a better political into the business of subsidizing compa- could stop global warming in exchange base built for an issue. nies that overpromise and under- for drilling in ANWR, the environ- If we were having a rational debate deliver. mental groups in this country would be in this body about a proposal with a It is a very bad idea. It richly de- against it. How can that be? broad spectrum of political support— serves to be killed, and I am hopeful it It can be because this has become a which it has from labor unions, to peo- will be. debate about symbolism, not energy or ple concerned about peace in the Mid- Mr. President, I yield the floor. the environment. This has become a dle East, to national security, to work- The PRESIDING OFFICER (Mr. NEL- debate about fundraising and the kind ing people, and to people who want to SON of Nebraska). Who yields time? of extremism that creates political be able to use their cars and trucks, The Senator from Nevada. causes and that has political impact and who want to turn the wheels of in- Mr. REID. Mr. President, the man- but that in no way reflects the public dustry and agriculture with American- ager of this bill, Senator BINGAMAN, interest. produced energy—this vote would be will use up to 3 minutes, if necessary, How can it not be in the public inter- 100 to nothing. It is simply a measure at this time. I yield that to him. est to take 2,000 acres in a State that of how extreme this issue has become The PRESIDING OFFICER. The Sen- has 319.7 million acres, and on the most that Senator MURKOWSKI is not going ator from New Mexico. environmentally responsible basis, to prevail on this issue. Mr. BINGAMAN. Mr. President, in over the next 30 years, produce more Finally, let me say we are going to response to some of the comments that oil than we are importing from Saudi have two votes to bring to an end de- have been made, I want to make two Arabia? bate on this issue. I am going to vote points, very simply. To offset any negative impact we in favor of the ending debate on the First of all, the projections for the might have on these 2,000 acres, we put Murkowski amendment. We deserve an extent of our dependence on foreign oil 1.5 million additional acres into the up-or-down vote on this amendment. I in the future are not my projections. wildlife refuge. do not know if it will be this year or They are the projections of the current How in the world can such a proposal next year or sometime in the future, administration, the Bush administra- be controversial? Why don’t we have but I am confident that the public in- tion, the Department of Energy, the 100 votes in favor of it? terest will ultimately be served. Some- Energy Information Agency within the Is no one awake to the fact that we day we will produce this energy. Some- Department of Energy. They have said have problems in the Middle East, that day, when we have felt pain from not if we do not change policies in some S2878 CONGRESSIONAL RECORD — SENATE April 18, 2002 other significant respects, we will be stead. I think it is fair to say that she done. Remember the pictures I just 75-percent dependent upon foreign came back a changed person because of showed. Now look at how it is all left sources of oil by the year 2030 if ANWR what she had seen because she really, with these floating barrels. It is a pret- is opened, and we will be 75-percent de- truly was stunned by the beauty of this ty devastated site. pendent on foreign sources of oil if area. I think you need to come back to the ANWR is not opened. So that is the Many times in the debate, when peo- question of what is a refuge. You could point I was trying to make. ple have been talking about this area, look it up in the dictionary: a place to The second issue I want to clarify—I it has sounded as though this area is find comfort and peace and tranquility. believe Senator STEVENS raised the not really a beautiful area. So what I Therefore, it seems to me it doesn’t question or disputed that the National thought I would do today is put in the make any sense to disturb a refuge. Petroleum Reserve, Alaska, had been RECORD information that has been When you do this, if you go this way opened for drilling. My information, taken off the Web site of the Bush ad- and drill there, we are going to disturb which I believe is accurate, is that the ministration’s Interior Department. it. Bureau of Land Management held a This was given to me by Chairman Someone sent me a cartoon. I think sale, an oil and gas lease sale in May of BINGAMAN. I think it is a good way for it was a constituent. It never ran in the 1999, during the Clinton administra- me to lead off. newspaper, but it basically says: The tion. It generated a high level of indus- It is not BARBARA BOXER’s words or George Bush Arctic National Wildlife try interest. There were 3.9 million the Sierra Club’s words or the wildlife Refuge. It shows that cars are lapping acres that were offered for lease at that people’s words. It is the Bush adminis- up the oil on the plain. And it says: time. In fact, 132 leases were issued tration’s words. If you go on their Web Where S.U.V.s are free to roam without covering 867,000 acres. The bonus bids site, you get it. It says: fear of regulation. on that lease sale were $104.6 million. The Unique Conservation Values of Arctic That is somebody’s sense of humor So there has been a significant lease Refuge. about what we are going to do to the sale in the National Petroleum Re- The Arctic National Wildlife Refuge is the wildlife refuge. I hope we don’t. I hope serve, Alaska. largest unit in the National Wildlife Refuge we hold the line. I know there is another lease sale System. The Refuge is America’s finest ex- It is very fair for people who don’t scheduled for June of this year, which ample of an intact, naturally functioning agree with me on this to ask: What is community of arctic/subarctic ecosystems. I support, with which Secretary Norton Such a broad spectrum of diverse habitats your solution? I really want to talk is going forward. And I know there are occurring within a single protected unit is about that. plans being made for even a more sub- unparalleled in North America, and perhaps We know when something isn’t a so- stantial lease sale in the next few in the entire circumpolar north. lution. In my opinion, the amount of years. So there certainly is the oppor- When the Eisenhower Administration es- oil there, from everything we know, is tunity for oil and gas development in tablished the original Arctic Range in 1960, hardly going to make a dent. Here is a those areas. Secretary of Interior Seaton described it as— chart that shows that. We have a chart I have a press release dated May of And this is a quote from Eisen- that shows the projected consumption last year, 2001, saying Phillips Alaska, hower’s Secretary of Interior— of U.S. citizens of oil. Right down here a wholly owned subsidiary of Phillips one of the world’s great wildlife areas. The on this little black line is the amount Petroleum, and Anadarko Petroleum great diversity of vegetation and topography of oil we will get, 3.2 billion barrels have announced the first discoveries in in this compact area, together with its rel- over 50 years. the National Petroleum Reserve, Alas- atively undisturbed condition, led to its se- I have another chart that tells the ka, since the area was reopened for ex- lection as . . . one of our remaining wildlife tale. You save 2.38 billion barrels more and wilderness frontiers. ploration in 1999. So there has been oil from the Arctic if you have just bet- real success for developing oil and gas I think nothing says it better than ter tires. With just better tires, you get in that area. the words of our own former Interior more oil. And then if you close the Mr. President, I yield the floor. Secretary under President Eisenhower. SUV loophole, which is really not that The PRESIDING OFFICER. The Sen- And this is from the Web site of Inte- hard to do—they are going to have hy- ator from Nevada. rior Secretary Norton today. brid SUVs coming up shortly—you save Mr. REID. Mr. President, I ask unan- I want to show a few beautiful photo- about 10 billion barrels. And if you just imous consent that the time under my graphs. I know the Senators from Alas- go up to 35 miles per gallon—Senator control be changed to allow Senator ka live in a magnificent place. Some of KERRY led us so well on that issue; I BOXER 7 minutes, Senator ROCKE- these photos are just unbelievable. think we made a huge mistake—we FELLER 9 minutes, and Senator KERRY 9 Here in this photo we see an area in save 18 billion barrels. minutes. the Coastal Plain, the 1002 area of the So look at this. Out of all these op- The PRESIDING OFFICER. Without Arctic National Wildlife Refuge. It is a tions, you get more oil if you just use objection, it is so ordered. photograph by Pamela Miller. The in- better tires. Some of the people who Mr. MURKOWSKI. Mr. President, credible colors are stunning. want to drill seem to oppose a lot of how much time is remaining on this We will go to the next photo because these other easy ways to govern. side? we have so little time and so many The PRESIDING OFFICER (Mr. The PRESIDING OFFICER. Fourteen photos. REED). The time of the Senator from minutes 22 seconds. This is a beautiful picture of a song- California has expired. Mr. MURKOWSKI. I thank the Chair. bird that you can find in the refuge. It Mrs. BOXER. I would like to sum up The PRESIDING OFFICER. The Sen- makes clear why these words are up on in 1 more minute, if I might. ator from California. the Web site of our own Interior De- The PRESIDING OFFICER. Without Mrs. BOXER. Mr. President, I thank partment. objection, it is so ordered. Senators BINGAMAN and REID for their This is a magnificent photograph as Mrs. BOXER. I will go to the Los An- generosity in giving me this 7 minutes well. geles Times editorial which I thought of time. I have been trying to get some Here is a polar bear, which I know we was right on point. They say: time on this matter for quite a while. have seen walking across a pipeline, Wilderness is or it is not. There is no most- Mr. President, I am not going to get but here it is walking in its natural ly wilderness with just a little bit of develop- into a number of details today. What I surroundings—very beautiful. Here are ment. really want to do is paint more of a the caribou. I think you have seen a lot It continues: No matter what Dick broad-brush argument as to why it is of this before. Here are the musk Cheney says, U.S. energy security does so important to preserve this beautiful oxen—quite beautiful. not depend on drilling for fuel in the area. I have another beautiful landscape to Arctic refuge. The Alaskan oil would Some 2 years ago, I sent my eyes and show of another view of this magnifi- not come on line for 10 years. It goes ears, my top environmental adviser on cent area. We do have drilling in a na- through that. the Arctic, Sara Barth, who is in the tional wildlife refuge there in Alaska. It says: The fastest way to gain more Chamber today, to the area in my Everyone says there is no damage energy security is to use less oil and April 18, 2002 CONGRESSIONAL RECORD — SENATE S2879 use it more efficiently. It shows that One of the things with which I dis- that period of time. So it is certainly better tires alone will give you more agree with my colleagues, as they have not an antidote to recession, to the oil than lies in the refuge. presented this issue, is that there has current economic problems we face. Then it ends up: been this moving target of rationale Promise after promise after promise The nation doesn’t need a muscle-bound for why we should be asked to drill in about what it will do has been punc- energy policy. It needs a smart one—one the Arctic wildlife refuge. We have tured by the truth. Here is a truth with that does not rely so heavily on fossil fuels heard on the other hand that those of which our colleagues on the other side and fossil thinking. us who oppose it somehow oppose job of the aisle can never adequately deal. The choice is clear. I respect my creation or we are in favor of high gas- The truth is, even with the best, most friends from the other side on this de- oline prices or we oppose energy inde- optimistic prognosis of what you might bate, but I hope we will defeat the pro- pendence or we support electricity get out of the Arctic Wildlife Refuge— posal to open the refuge. brownouts, blackouts, that we oppose even with that, and all of the other oil The PRESIDING OFFICER. The time Israel, that we support Saddam Hus- we possess in the United States of of the Senator has expired. Who yields sein. There have been a series of in- America, we have a problem: God only time? sinuations in the course of this argu- gave our country 3 percent of the The Senator from Massachusetts. ment that really don’t do proper serv- world’s oil reserves. The Middle East, Mr. KERRY. Mr. President, I yield ice to the merits of the argument or to Saudi Arabia, the gulf states, all of the myself 9 minutes. the good faith of most U.S. Senators. countries from which we import, in- Let me begin by paying respect to It is interesting also that this mov- cluding Iran and Iraq, which have been both Senators from Alaska. Though I ing target of support for this issue has the subject of much vilification, for disagree with them and they know found different rationale at different good reason, have the largest share of that, they waged an effort that rep- points of time. When California faced the world’s oil reserves. Saudi Arabia resents their principles, their views, an electricity crisis last year in Janu- alone has 46 percent, compared to our 3 their beliefs and, most especially, the ary, we heard Senators come to the percent. beliefs of the people of Alaska, as they floor and suggest that ANWR would Here is the other truth they don’t understand their responsibility. help solve that problem. We actually want to deal with: Every year, the I emphasize as strongly as I can, had those arguments made. But only 1 United States of America uses 25 per- none of us in the U.S. Senate are cava- percent of all of the electricity of Cali- cent of the world’s reserves. Of the lier or dismissive of Alaska’s interests. fornia comes from oil-based, oil-fired available oil, 25 percent goes to Amer- There are many ways to serve those in- electricity. ica, even though we only have 3 per- terests. I certainly am one Senator ANWR has nothing to do with it. The cent of the oil reserves. The simple who is prepared always to try to help Middle East has nothing to do with equation, the truth that they don’t with respect to economic development California’s brownout problems or elec- want to deal with, is that the United issues, other hardship issues that exist tricity problems. Then we heard when States of America has an ultimate con- in a State that faces a different set of heating oils spiked and gas prices frontation with its dependency on oil. challenges from many of us in the Sen- spiked, of course: ANWR is the answer. Oil is a finite resource. One day, it is ate. I hope they understand that, that But the Arctic Wildlife Refuge drilling going to be used up. One day, we are this is a difference based on an equally will not come online for about 7 to 10 going to have to move to a different fervently held set of beliefs and a dif- years. When it does come online, it form of transportation dependency. ferent interpretation of the facts. doesn’t produce a sufficient amount of The question to be asked of Americans I think they are facts. There are oil under anybody’s scenario to have an is: If we have to do it one day, and with some profound differences in that re- effect on the world price or world sup- all these ills that are associated with gard. ply. So that argument simply doesn’t the dependency today, why don’t we With respect to the amendment on stand scrutiny. steel, I believe Congress must act to The Arctic Wildlife Refuge, at its make the choice today to begin to de- deal with the plight of steelworkers, best offering, will not affect the price fine that dependency? retired steelworkers and their families. of oil globally, and it cannot affect The PRESIDING OFFICER. The Sen- Steelworker retirees are being dev- America’s supply. Then, when we were ator’s time has expired. astated by the loss of health care bene- hit with a recession and layoffs, we Mr. KERRY. I ask unanimous con- fits. More than 125,000 steelworkers were told: the Arctic Wildlife Refuge is sent that I may yield myself 1 addi- have lost those benefits due to the liq- the solution. It is going to produce tional minute. uidation of 17 American steel compa- 700,000 jobs. But now the very people The PRESIDING OFFICER. Without nies, and another 500,000 steelworker who made that study and talked about objection, it is so ordered. retirees stand to lose their health care those numbers of jobs have repudiated Mr. KERRY. Mr. President, on every unless we act to protect them. that number and have acknowledged category with respect to independence, I am glad that some of our Repub- that that number was based on a 12- this will not affect the independence of lican friends have discovered this issue. year-old study that had oil at the price the United States. We have to invent I regret that they want to trade their of $45 a barrel in the year 2000, and all the new technologies that provide the concern for steelworkers with the of us know it has been at about $25 or new fuels for America. This will not af- opening of the Arctic Wildlife Refuge. less, and that provides a different eco- fect the price for America. This will It would be disappointing if down the nomic reality. not liberate us from our dependency in road our Republican friends are only The truth is that one might be talk- the Middle East. This will not bring prepared to try to deal with steel- ing about somewhere in the vicinity of home one of America’s young men or workers in the context of the Arctic 50,000, 60,000, 100,000 jobs, which is the women who are in harm’s way as a con- wildlife refuge and not in the context number of jobs produced in the Amer- sequence of opening the Arctic Wildlife of their personal human plight. We will ican economy in a 3-week period and Refuge. What it will do is destroy for- have an opportunity in a short period anytime we are doing what we were ever this precious resource, designated of time to try to deal appropriately doing in the period of 1997 to the year as a pristine wilderness, that can never with the problem of steelworkers. 2000. So this is really not even a jobs be returned to that state, which has Yesterday Senator WELLSTONE made program. In fact, the very people who been cherished by Republican Presi- a very powerful statement in the Sen- produced the faulty study acknowl- dents, Democratic Presidents, Repub- ate Chamber. There is nobody in the edged that, until the year 2007, the Arc- lican administrations, Democratic ad- Senate who has fought harder or will tic Wildlife Refuge doesn’t provide any ministrations, and by all Americans for fight harder for steelworkers than Sen- jobs at all—zero. That is according to all of these years. Let’s not vote today ator WELLSTONE, but he will work in a the American Petroleum Institute’s to give that up when there is a better bipartisan way, as he is now, to help us funded study that is faulty—maybe it set of choices for our country. deal with this issue at the appropriate was faulty to the wrong side, but they The PRESIDING OFFICER. Who time. suggested there would be zero jobs in yields time? S2880 CONGRESSIONAL RECORD — SENATE April 18, 2002 Mr. MURKOWSKI. Mr. President, gas. That is clear. It is clearly there. amendments would irreversibly dam- how much time is remaining on this ANWR would require the toughest en- age this natural treasure. The U.S. Ge- side? vironmental standards ever imposed on ological Survey recently produced a 78- The PRESIDING OFFICER. There energy production, and that goes back page report encapsulating 12 years of are 14 minutes 20 seconds. to this idea of having multiple use, to research which, in my opinion, con- Mr. MURKOWSKI. I yield 4 minutes be able to do it with this 2,000-acre cludes that very fact of irreversible to my friend from Wyoming. footprint and, at the same time, pre- damage to this natural treasure. I would like to put up a picture that serve that environment. We can do For what? As we have said over and shows a producing well from the Don that. It creates jobs, of course, for the over, maybe oil coming out of there in Edwards Bay National Wildlife Refuge whole country and for Alaska, for the 10 years and how much, will it break out of San Francisco, CA. It is a wild- Native Americans who live there. It our dependence on foreign oil? By the life refuge, Mr. President. gives us a more affordable and reliable Energy Department’s own estimate, in The PRESIDING OFFICER. The Sen- energy. That is the basis. 2020, if we allow drilling for oil in the ator from Wyoming is recognized. Many of us have been working on en- Arctic Refuge, our dependence on for- Mr. THOMAS. Mr. President, I thank ergy for a very long time. We need to eign oil would drop from 62 percent to my friend from Alaska. I served with have that reliable source. We are going 60 percent, still painfully dependent. him on the Energy Committee for some to look for new ways, and we will find The only way to break our dependence time when he was chairman. I served new ways. on foreign oil is to break our depend- closely with him in this idea of doing I remember going to a meeting in ence on oil and develop new home- something to develop an energy policy Casper years ago, and someone, I think grown sources of energy and conserve. in this country. I want to speak very from Europe, said we would never run Second, what effect would the drill- briefly about our need for a balanced out of the fuel, and we will. We don’t ing have on prices? We are all worried energy policy. know. We need oil, and we need domes- about gas prices going up now. The de- Obviously, we are on ANWR here, of tic oil. velopment of the refuge for oil would course, which is part of that total pol- Mr. President, I am not going to take do nothing to affect oil and gas prices. icy. That has been and should be the more time. We have had thousands of Drilling would have no impact, even emphasis. It is only part of the policy, people come here—veterans, Jewish under the inflated estimates for petro- but a very important part of it. I am folks, labor unions. leum potential that are cited by the amazed at the opponents who talk The PRESIDING OFFICER. The Sen- proponents of the amendment because about how we face these problems in ator’s time has expired. the price of oil is determined on the the future, and we need to do some- Mr. THOMAS. They are very aware of world market no matter from where it thing about it and refuse to move for- what we need to do. I urge we do it, in- comes. ward on one of the things we can most cluding drilling in ANWR. As we approach these votes, I am reasonably do. I yield the floor. confident that the cloture motions will I come from a State where we have a The PRESIDING OFFICER. Who not succeed. I thank my colleagues for good deal of production, where we have yields time? The Senator from Con- listening to the debate and moving in a great deal of public lands. I can tell necticut. this direction which I think reflects you that multiple use of those lands is Mr. LIEBERMAN. Mr. President, I the opinions of the American people. one of the things we really believe in believe I have 5 minutes to speak. The question is, What do we do then? I and can do and have proven can be The PRESIDING OFFICER. That is hope we will set aside this divisive done. correct. amendment and join around the under- The lands I am talking about in Wyo- Mr. LIEBERMAN. I thank the Chair. lying bill which does offer progress, a ming are really a little different from Mr. President, this debate about the balanced energy plan for America, in- the ones in Alaska. I have visited proposal to drill for oil in the Arctic cluding some development within our there, and I can tell you that we can Refuge has been simmering for a long American sovereignty, our land, but use those in multiple use. We can con- time, and it has finally been joined in also has the kind of incentives we need tinue to have the uses that are there. this Chamber over the last 2 days. for new technologies and conservation, We can use it for energy. It has been a good, spirited debate. I which is the only way for this great It has been years since we have have great respect for those who are Nation to remain great and not depend- moved on an energy policy—years. It is proponents of drilling, particularly my ent on foreign sources of oil. time we do that, and it is time we do a two colleagues and friends from Alas- I say to my colleague from Wyoming balanced bill that has in it one of the ka. I never question their sincerity. We that we in New England actually be- things that are most clearly needed, have a good-faith difference point of lieve we do contribute to the energy and that is domestic production. I am view. supply. My guess is about 50 percent of amazed that particularly my friends Let me try, if I can, for a few mo- the energy in the New England States from New England, who use most of the ments to summarize what I believe are comes from nuclear powerplants right energy in this country and don’t our arguments against drilling and in our region. I know in Connecticut, produce any, are very concerned about then talk about where I hope we go we have two plants functioning. Forty- the fact that we are trying to use mul- after we have voted on these cloture five percent of our electricity comes tiple use ideas in the rest of the coun- motions. from those plants. More hopefully, New try where we can help provide these First, we are talking about 5 percent England has become a center for tech- kinds of resources. There is nothing of the North Slope in Alaska. Ninety- nology development using the bril- more important. What is more impor- five percent is now open for oil explo- liance of American ingenuity and inno- tant than our energy? ration and development. A lot of it is vation and capitalism to create new Mr. KERRY. Will the Senator yield happening now. A lot of it is planned. sources of energy. for a question? This 5 percent is the heart of a thriv- One of our great companies, United Mr. THOMAS. No. I think the Sen- ing, beautiful ecosystem described by Technologies, is investing hundreds of ator from Massachusetts has had ample someone as the American Serengeti. millions of dollars in fuel cell tech- time to discuss this issue. The question is, Do we want to dis- nology—clean, efficient, and ours. One of the things we need to do is rupt it, develop on it, some would say The PRESIDING OFFICER. The Sen- take a real look at this, of course. destroy its natural state—I would say ator’s time has expired. ANWR was set aside for future explo- that—for the oil that we could get out Mr. LIEBERMAN. I ask unanimous ration, no question about that. ANWR, of it? And would that development for consent for 30 seconds more. obviously, will reduce our dependence oil affect the health of that beautiful The PRESIDING OFFICER. Without on foreign oil. We are nearly 60-percent part of Alaska? objection, it is so ordered. dependent on foreign oil in an unstable I contend and we have contended in Mr. LIEBERMAN. I thank the Chair. world such as we have now. ANWR is this debate that the development of the Nearly 100 years ago, President Teddy the largest onshore prospect for oil and refuge as proposed in the pending Roosevelt, a great American, great April 18, 2002 CONGRESSIONAL RECORD — SENATE S2881 conservationist, great Republican—this for the prospect of increasing global cause we don’t control the aggregate really is not a partisan issue—said that production by 0.7 percent in 20 years? supply. And drilling in ANWR is not the conservation of our natural re- I, for one, don’t think so. going to change that. sources and their proper use constitute Now, let me address the issue of jobs. That leads me to the next topic I the fundamental problem which Yesterday, drilling proponents want to address, national security. underlies almost every other problem claimed that drilling in ANWR could We’re now importing about 57 per- of national life. create 735,000 jobs. That’s a significant cent of the oil we consume. According It is a century later, but there is still number. But it just doesn’t hold up. to the Department of Energy, if we a lot of wisdom in T.R.’s statement. I The estimate comes from a study con- don’t drill in ANWR, we’ll be importing hope we will heed it, defeat these mo- ducted for the American Petroleum In- 62 percent of our oil by 2020. tions for cloture, and then move on to stitute more than 10 years ago. And it’s If we do drill in ANWR, the Depart- work together side by side for the kind fundamentally flawed. ment of Energy estimates that imports of balanced progressive energy pro- For example, the study assumed that would be reduced to 60 percent of U.S. gram that is in the underlying bill. peak ANWR production would be 3.5 consumption in 2020. That’s only a 2- The PRESIDING OFFICER. The Sen- percent of world supply. Yet, as I have percent decrease in import share re- ator’s time has expired. discussed, the real level, based on gov- sulting from peak ANWR production. Mr. LIEBERMAN. I thank the Chair ernment estimates, is less than 1 per- How can anyone pretend that this and yield the floor. cent. will make a difference in our national ∑ Mr. CORZINE. Mr. President, I rise The study also badly overestimated security? It just won’t. That 2-percent in strong opposition to the Murkowski the world price of oil. It forecasted differential, when it finally comes, amendment, which calls for oil drilling that the world price of oil would be simply won’t matter. As I said earlier, the oil market is a in the Arctic National Wildlife Refuge. $46.86 per barrel by 2015, and that price world market. No nation or company My opposition is based, primarily, on was a driver of the jobs estimate. But has a monopoly on supply. So the rel- the critical importance of protecting when the authors of the study issued a atively small amount, in a global con- this special part of the world. But my similar forecast recently, they forecast text, that ANWR could produce could objection is also based on my view that a price of $25.12, a huge difference. easily be offset by decreased produc- this proposal represents a fundamental Because of these and other mistakes, tion elsewhere. endorsement of a skewed and mis- the study relied on by ANWR pro- So we are going to be just as vulner- guided energy policy. ponents simply has no credibility. And able to price shocks in 2020 if we drill ANWR is a unique and pristine area. nobody should be fooled by it. in ANWR as if we don’t. It is the only unbroken continuum of I would point out, that if we want to Rather than pretending that ANWR arctic and subarctic ecosystems on the create jobs, there are much better ways is the answer to our energy security planet. It is home to a wide variety of to do that while promoting energy needs, we ought to take steps that can plants and animals, including 135 bird independence. For example, there is no have a real impact. And the most effec- species. It is the central area for the reason why America can’t lead in next- tive step we can take is to reduce con- huge Porcupine caribou herd. It is generation energy technologies the sumption. Unfortunately, we have al- home to polar bears, wolves, grizzly way we have in information technology ready voted down a CAFE increase, and bears, muskoxen, and wolverines. and biotechnology. Renewables and I think that was a big mistake. But if And there is no doubt that drilling fuel cells will be growth industries, and we are serious about reducing our de- there would despoil the area. It would the United States ought to get out pendence on foreign oil, we simply risk and potentially harm wildlife. And front and then export those tech- have to deal with demand. it would destroy ANWR’s unique char- nologies to the world. That, to me, Another thing we should do is diver- acter as wilderness, regardless of sounds like a better job creation strat- sify our sources of oil. And to a large whether that is an applicable legal egy then drilling in ANWR. extent, we have already done that. term or not. Another argument made by drilling Only 13 percent of the oil we consume So there is a very serious downside to proponents is that drilling in ANWR comes from the Middle East. The rest drilling. would reduce the price of world oil. But is produced here, and in places like So what is the upside? Why are we the oil market is a global market. And Canada, Mexico, the United Kingdom, even thinking about despoiling a place it is dominated by players far larger and Norway. that so many Americans want us to than the United States. We have only 3 These particular producers are our protect? What’s the risk-reward percent of the world’s oil reserves. closest allies. Are we really supposed quotient? As I mentioned earlier, ANWR’s peak to believe that importing oil from We have heard several arguments production would amount to less than 1 these countries is a threat to our na- here on the Senate floor. But they just percent of world production. And it’s tional security? don’t hold up. Notwithstanding claims just not realistic to claim that this Having said that, I recognize that the to the contrary, ANWR oil won’t create will have more than negligible impact Middle East does contain the lion’s 735,000 jobs. It won’t give an assurance on the world oil price. share of the world’s oil reserves. And of a reduction in the price of oil, cer- Why? Because it’s a huge global mar- political turmoil there has clear impli- tainly not anytime soon. And it surely ket, one that currently has about 7 cations for the world oil market, as won’t make us energy independent, million barrels a day of excess capacity does instability in Latin America. But lowering our import needs only mar- in the system today. getting a relative trickle of oil from ginally. So a modest decrease in supply, such Alaska 10–20 years from now won’t The fact is, there is just not all that as the recent disruptions in Iraqi and make the problems in the Middle East much oil in ANWR. Based on estimates Venezuelan supplies, can be made up by magically disappear, or change the sup- from the U.S. Geological Survey, it is other producers. ply of oil enough to impact the price of likely to have little more than 6 And this process can just as easily oil. Instead, we need to engage now and months’ worth of capacity relative to 1 work in reverse. Any increase in world work consistently to bring a lasting year of U.S. demand. The oil wouldn’t oil supply resulting from bringing peace to the region. Until instability is even begin to be available for at least ANWR on line could simply be offset by eliminated, our national security will 10 years. And it wouldn’t reach peak decreases in production elsewhere in always be at risk from turmoil in the production for 20 years. the world. Middle East. That is an issue that is According to a recent Department of Aggregate supply and demand condi- much larger than oil. Energy study, even at its peak, total tions in the global market will set the Finally, I wanted to take a moment oil production from ANWR would be marginal price, and the prices will be to briefly discuss energy policy more 800,000 barrels a day. That is only about determined by the cumulative deci- broadly. As many have said, we need an 0.7 percent of global production. sions of individual producers. The energy policy that is balanced. But Who are we kidding here? Is it really United States simply cannot control that balance needs to be weighted to- worth risking such a treasured space the price of oil in the world market, be- ward the future, not the past. S2882 CONGRESSIONAL RECORD — SENATE April 18, 2002 That means that our first priority and designated 8 million acres as wil- velopment will permanently degrade should be to create incentives and derness area. Under this act, the des- the sense of pristine wilderness found standards that encourage the develop- ignated wilderness area cannot be con- in the refuge. While most of the refuge ment of next-generation energy tech- sidered for development. has little sign of human encroachment, nologies. I am talking about tech- However, the current debate regard- the coastal plain is home to the nologies like wind, solar, and fuel cells. ing drilling in ANWR surrounds the 1.5 Inupiat tribe and their village of Second, we should set tougher energy million acres—outlined in Section 1002 Kaktovik. Additionally, the nearby efficiently standards for appliances, of the act—that was set aside by Con- Distant Early Warning line (DEWline) buildings, and vehicles so that we can gress for further study into the devel- for missile detection, the remnants of grow our economy while we use less en- opment of mineral resources. Under former or uncompleted DEWline instal- ergy. Section 1002, Congress called upon the lations, a garbage dump, and a runway And third, we should increase our do- Department of Interior to conduct a are scattered in or near the 1002 area. mestic supplies of fossil fuels in an en- study on the biological resources and Typically, development of mineral vironmentally responsible way so we oil and gas potential of the 1.5 million resources is often extremely controver- can continue to power our economy as acre coastal plain. This study, com- sial in neighboring state and local we transition to new technologies and monly called the 1002 Report or the communities. That is not true in this energy sources. Final Legislative Environmental Im- case. A majority of Alaskans, 75 per- In my view, ANWR doesn’t fit any- pact Study, was released in 1987 and cent, the entire Alaskan delegation, where in this framework, certainly not recommended full leasing of the coast- and the closest Native American tribe as the centerpiece. And it just doesn’t al plain. The Section 1002 area has al- support energy development in ANWR. make sense as a matter of macroenergy ways been a potential site for mineral These constituencies all see ANWR as a policy. recovery, and is not, as has been ex- tool for supporting a modern economy I think the American people believe pressed by some, part of a wilderness to meet such basic human needs as that we should leave ANWR alone. designation. health care and education. That is certainly the sentiment in New It is true that Section 1002 makes up More specifically, the Inupiat tribe at most 8 percent of the total refuge or Jersey. I have received letters from supports development. This tribe lives 1.5 million acres. However, this number more than 9,000 New Jerseyans urging on 92,000 acres of privately held land is misleading. In reality, the entire 1.5 me to oppose drilling in ANWR, that’s within ANWR, and inhabits the only million acres would not be developed. more than I received on any other village within the 1002 area. According Current estimates place the total acre- topic in my 16 months as a Senator. to Tara Sweeney, an Inupiat, ‘‘We be- age of development at far less than a The people who wrote to me about lieve that responsible development of million acres. In fact, HR. 4, the House- ANWR aren’t ‘‘radical environmental- this area is our fundamental human passed energy bill, and the current ists,’’ as some drilling proponents have right to self-determination.’’ She goes Senate amendment contain provisions suggested. They’re ordinary Americans on to say, ‘‘When oil was discovered in to limit development to 2,000 acres or who believe that ANWR is one of those our region in the late 1960s we were 0.01 percent of the refuge. Our oppo- special places that should be preserved nents say that the ‘‘2000 acres’’ grossly fearful of development. . . . Over thirty in its natural state. And they are con- underestimates the infrastructure re- years later we have changed our opin- vinced, like I am, that drilling might quired to support energy development, ion. Development has not adversely im- well cause unacceptable environmental that it merely describes the exact im- pacted our ancient traditions or our damage. print of the core facilities, and does not food supply. The caribou population In conclusion, we know that drilling include the area encompassed by those . . . has thrived.’’ Opponents argue that the Gwich’in in ANWR will harm the Arctic wilder- facilities, nor any of the supporting in- tribe is strongly opposed to drilling in ness. And the economic and national frastructure. However, the nature of security benefits just aren’t there. So I the facilities covered by the House bill ANWR. The Gwich’in Tribe depends will vote against cloture, and I urge and the exact shape of the 2000 acres upon the Porcupine Caribou for food my colleagues to do the same. was not specified. I believe that the and reveres its calving area and rit- Mr. GREGG. Mr. President, I believe uals. According to some, developing amendment offered by Senator MUR- that a comprehensive energy plan is ANWR is effectively raping and pil- KOWSKI better clarifies the scope of de- absolutely critical security and eco- velopment for these 2000 acres. laging the land of one of the last great nomic well-being of this nation. A na- The use of new technologies will fur- traditional tribes. However, the often tional energy policy needs to balance ther limit the foot print of develop- quoted Gwich’in Tribe in fact lives over our growing demand for energy with ment. Thanks to our nation’s inge- 100 miles away, on the other side of the conservation and supply. I believe that nuity and technological advances, the mountains. The Gwich’in are not and this balance should include the use of footprints of energy development infra- never have been—indigenous to the sustainable, renewable energy sources structure are drastically reduced. Pro- North Slope. On the other hand, the along with continued responsible devel- duction of oil is safer and cleaner than Inupiat, who live within the 1002 area, opment of traditional fuels including ever before. Smaller gravel pads, ad- support development and feel strongly limited, environmentally-sensitive ex- vances in horizontal drilling, the re-in- that it will improve their way of life. It ploration in a small fraction of the jection of drilling wastes, and ice is my firm belief that the people of Arctic National Wildlife Refuge, roads, all decrease the ‘‘footprint’’ of Alaska, the people who live closest to ANWR. Energy exploration in ANWR development. Furthermore, several the refuge, should be allowed to deter- has become a very contentious and new technologies have increased the mine their future and the future of highly polarized issue. I would like to success rate of exploratory wells from ANWR. These people see that develop- take this opportunity and talk frankly about 10 percent to as much as 50 per- ment of ANWR will lead to both a about energy exploration in this area cent. Such technologies include: 3–D healthy economy and a healthy envi- and dispel some of the many myths as- seismic imaging, 4–D time lapse imag- ronment. sociated with this issue. ing, ground-penetrating radar, and en- Opponents also raise concern about An overwhelming majority of the hanced computer processing. The animals, such as the polar bears and Arctic Refuge is protected from energy greater percentage of successful wells, the Porcupine Caribou, which reside in development. In fact, 92 percent of the the fewer number of pads and the lower and around the 1002 area. Some believe refuge is not eligible for development the exploration costs. Our experiences that drilling would endanger both pop- at all. However, more than 20 years at Prudhoe Bay are testament to our ulations. For polar bears, the concerns ago, Congress set aside 8 percent of technological successes. If Prudhoe have focused on how modern winter ANWR—1.5 million acres of the Ref- Bay were built today, the footprint technology will affect winter dens and uge—for possible energy exploration. In would only be 1,526 acres, 64 percent if pregnant polar bears denning on the 1980, under the Alaska National Inter- smaller than it is today. coastal plain would be affected. Despite est Lands Conservation Act, Congress But no matter how minimal the in- these concerns, the record is clear. expanded ANWR to 19 million acres, trusion, opponents argue that any de- Over the past 20 years, the population April 18, 2002 CONGRESSIONAL RECORD — SENATE S2883 of polar bears has remained exceed- grocery store, and in their heating bills enue sharing formula is 50/50. Federal ingly healthy. In fact, over ninety per- this winter. revenues would be enhanced by billions cent of Alaska’s 2,000 polar bears den in However, if this country is allowed to of dollars from bonus bids, lease rent- the offshore pack ice and would not be move forward with development in the als, royalties and taxes. Estimates in affected by onshore development along 1002 area, and we are again faced with 1995 on bonus bids alone were $2.6 bil- the Arctic coastal plain. oil embargoes, war, or further terrorist lion. The Inupiat tribe sees develop- Ill-founded concerns regarding the attacks, it will be possible to mitigate ment as a good move for their economy welfare of caribou have been raised those hardships, by increasing our reli- too, since they are only allowed to de- during the discovery of oil at Prudhoe ance on domestic production from velop their subsurface mineral re- Bay. Yet, following the development of Alaska’s North Slope. sources, if the Federal Government de- Prudhoe, the herd seemed to adapt, and The fields in ANWR are the best bet velops the 1002 area. even prosper. In 1969, when oil was first for significant oil finds in the United Opponents argue that a six month discovered in the region, the Central States. Assuming 9.4 billion barrels are supply of oil hardly seems worth de- Arctic caribou herd was estimated at economically recoverable at a world stroying America’s Serengeti. How- 3,000 animals. Today, the same herd market price of $24 per barrel, develop- ever, the ‘‘6-month’’ argument is mis- has grown to almost 20,000 animals. ment of ANWR’s oil fields would be leading. This figure assumes that all The herd is healthy and continues to roughly 1.4 million barrels per day. By U.S. consumption will be met by calve and nurse their young alongside 2015, projected U.S. oil imports will be ANWR, that we will not produce any the oil field operations. Opponents sug- 15.25 million barrels per day and petro- oil domestically, and that we will not gest the following: that the Porcupine leum use is estimated at 24.26 million import any oil whatsoever. This is ac- Caribou cannot be compared to the barrels per day. This would mean that tually an impossible scenario. All of Central Arctic herd; that the narrower peak production in the 1002 area could the oil in the 1002 area can not be re- coastal plain off the 1002 area results in reduce U.S. imports by a significant 9 moved within a 6-month time frame. a smaller calving area than Prudhoe; percent by 2015. Furthermore, it would be impossible to that the pictures of caribou on drilling As our technologies advance, more move that much oil via the Trans-Alas- pads and near pipelines are misleading; and more of the oil present in the 1002 kan Pipeline during such a short time that the encroachment of development area will become technically recover- frame. A much more realistic scenario facilities will force the animals into able. Should the prices of oil signifi- is to say that there is enough oil in the the more dangerous foothills; and fur- cantly increase over time, more oil 1002 area to curtail all imports from thermore, that Porcupine Caribou is from ANWR will become economically Iraq over the lifetime of the 1002 oil- sacred to the Gwich’in tribe. recoverable. The amount of economi- fields. Drilling in ANWR will not alleviate While a few of these concerns may be cally recoverable oil estimated in the an immediate energy crisis or solve valid, empirical evidence suggests that 1002 area is comparable to the giant any of our immediate needs. Depending the Porcupine Caribou population is ro- field at Prudhoe Bay, now estimated to on the time it takes to navigate bust, nearly 130,000 stronger, compared have held 11–13 billion barrels. to the present Central Arctic Herd, Opponents insist that drilling in through the permitting process, full only 20,000. Therefore, I am confident ANWR will not alleviate our depend- scale production in the 1002 area is likely to take 7–12 years. However, de- that development of a few thousand ence on foreign oil. They assume that velopment in the 1002 area will help to acres of the coastal plain will not harm ANWR’s oil will be sold to the highest mitigate future problems stemming the far stronger 130,000 member Arctic bidder and therefore can just as easily from a reliance on foreign oil and a Porcupine Caribou herd which inhabits be sold abroad as sold domestically. shortage of domestic energy sources. the Arctic Refuge. This is not to say The amendment currently being de- We need a comprehensive energy pol- that impacts on animals—even in the bated in the Senate would limit the ex- icy which, while developing conven- slightest and most unexpected form— portation of oil from ANWR to Israel tional resources, also includes energy are not possible. Should such impacts alone. In addition, H.R. 4 contains a conservation and research into renew- become apparent, the federal govern- provision which prohibits the expor- able power generation. There are many ment may establish special protections tation of oil under a lease in the 1002 very promising renewable energy for impacted animals, such as wilder- area, as a condition of the lease. sources currently being researched and ness designation, delayed exploration, Development of ANWR’s resources developed. However, it will likely take or a special regulatory regime. could bring jobs to every state in the at least a decade to bring renewable On a larger scale, development of union. Further development of the technologies into the market place. I ANWR could reduce America’s depend- North Slope is expected to create be- feel it is important that as we pursue ence on foreign oil. Currently, the tween 60,000 and 735,000 new jobs, de- new and innovative technologies, we United States imports 57 percent of our pending on the amount of oil found, the continue to develop our conventional oil supply. By 2020, experts project that price of oil, and the unemployment fuels to guarantee a vibrant economy, this country could be importing up to rate at the time of development. For jobs, and our national security. 65 percent of our oil supply. This reli- this reason, the International Brother- Mr. SMITH of New Hampshire. Mr. ance on foreign oil jeopardizes our na- hood of Teamsters and several other President, I rise in opposition to tional security and makes our economy labor unions have spoken out publicly amendment No. 3132 to the energy bill susceptible to the frequent and recur- in support of ANWR development. Ac- allowing for the opening of the Arctic ring crises that occur around the cording to James P. Hoffa, Teamsters National Wildlife Refuge to oil explo- world. As we have experienced over the general president, ‘‘Working families ration and development. My decision to last few weeks, we can not afford to are about to be caught between a reces- oppose this amendment was not made rely on rogue nations like Iraq for oil, sion and a deepening energy crisis. By lightly. It was made after much a resource vital to the economy and se- tapping into petroleum resources in thought and deliberation and after curity of our country. Dependence on Alaska, we can create jobs and sta- carefully reviewing all of the informa- foreign sources of oil holds Americans bilize our economy by lessening our de- tion available. hostage, by exposing the United States pendence on foreign oil.’’ I think it is important to put today’s to every crisis within every nation we Revenues from any recovered re- debate in context with the 1980 decision depend on for oil. For instance, over source will be split between the Fed- by Congress to set aside the Arctic Na- the last few weeks, we have witnessed eral Government and the State of Alas- tional Wildlife Refuge. In 1980, just be- turmoil within Venezuela that resulted ka. According to the Alaska Statehood fore the election of Ronald Reagan, in reduction of Venezuelan oil being Act and the Mineral Leasing Act, Alas- this country was in the middle of eco- shipped to the United States. Prior to ka should be treated like any other nomic disaster, the Carter ‘‘malaise.’’ this crisis, Venezuela was the third State where revenues are split 90/10, in Our Nation was just exiting a terrible largest supplier of oil to the U.S. If this favor of the State. However, Congress energy crisis; we were suffering from crisis continues, Americans could suf- could, as they have in HR. 4, establish stagflation; the Middle East was in cri- fer price increases at the gas pump, the a different arrangement, where the rev- sis with Americans being held hostage S2884 CONGRESSIONAL RECORD — SENATE April 18, 2002 in Iran; and gas prices, adjusted for liable, environmentally friendly, safe The reality of the situation is that 2002 dollars, were well over $2 per gal- and economic supply of energy. I ap- our Nation is more reliant on foreign lon. Yet it was in that atmosphere that plaud President Bush for his commit- sources of oil today than it was during the United States Senate established, ment and I am proud to be a strong World War II. This despite CAFE stand- by a 78–14 vote, the Arctic National supporter of nearly all of his plan. I ards and other investments in alter- Wildlife Refuge and prohibited drilling have been a long advocate of incentives native fuel vehicles. The Energy Infor- in the refuge. That strong bipartisan for next generation vehicles and alter- mation Administration estimates that decision was supported by the over- native fuels. These are vehicles that in the next 20 years America’s demand whelming majority of both Republicans will not only provide clean transpor- for oil is projected to increase by 33 and Democrats, conservative and lib- tation, but will dramatically reduce percent. Yet as consumption increases, eral, including many of both parties our oil dependency. I have also intro- U.S. production continues to decrease. who are still in the Senate today. I be- duced legislation providing incentives I think that is a frightening fact and I lieve that was the right decision then, for the construction of energy efficient believe that we must address it by in- and I believe the Senate should main- buildings. However, I do not believe creasing domestic production. If this tain its support for protecting this that allowing oil development in the means that we need to drill in ANWR, wildlife refuge. Arctic National Wildlife Refuge is the then we must drill in ANWR. My support for the Arctic National right answer. Today, foreign imports supply 60 per- Wildlife Refuge is nothing new. In fact, Mr. SHELBY. Mr. President, I rise cent of our Nation’s consumption. This in 1990, I was a cosponsor of legislation today to discuss the Arctic national dependence makes us vulnerable. It is in the House of Representatives to des- Wildlife Refuge or ANWR. As my good not in our national interest to con- ignate the wildlife refuge as wilderness friend and colleague from Alaska Sen- tinue to be beholden to volatile foreign in order to ensure protection from oil ator STEVENS has outlined, oil and gas countries for our energy needs. and gas exploration. I believed then, as exploration in ANWR is not a new This country needs a rational energy I do now, this area represents one of issue. In fact, it is an issue that was policy. And we need a national energy our last complete and unspoiled arctic contemplated when Congress expanded policy that includes new sources of pro- ecosystems in the world. It is a very the boundaries of the Arctic national duction so that we have access to our special place deserving protection. Wildlife Refuge in 1980, by requiring own energy supplies. Without our own While I have been a supporter for ex- the Department of Interior to prepare a energy supplies, this country will con- ploration of many areas of this coun- detailed study on the Coastal Plain tinue its increasing dependence on try, in fact some areas that arctic area and recommend how it should be volatile foreign sources that could be drilling proponents have opposed, I be- managed. lieve it is a different case to drill and The Department of Interior’s study terminated at any moment. We cannot continue to put more and develop in a designated wildlife refuge recommended that the entire area be more power in the hands of foreign sup- that was set aside because of its wilder- made available for oil and gas leasing, pliers, foreign countries. ANWR has ness qualities by Congress. describing it as ‘‘the most outstanding the potential to produce over one mil- I would like to quickly address the petroleum exploration target in the on- lion barrels of oil a day. One million provisions in the amendment that shore United States.’’ Despite this rec- limit the exploration and development ommendation, no action has been barrels a day is enough to replace the infrastructure to 2,000 acres. I think taken an ANWR the intervening years volume that we currently import from that there are misconceptions about except for the 1996 Budget Reauthoriza- Saudi Arabia or Iraq for more than 25 what these provisions actually do. This tion Act authorizing the opening of years. Energy independence should be our provision reads, ‘‘the maximum ANWR which was retold by President long-term goal. But reducing our reli- amount of surface acreage covered by Clinton. production and support facilities, in- I understand that there is a push and ance on foreign energy sources should cluding airstrips and any areas covered pull between those who believe we be our short-term goal. This country by gravel berms or piers for support of should strive to achieve energy inde- needs a balanced national energy pol- pipelines, does not exceed 2,000 acres on pendence by drilling in ANWR and icy that encompasses these goals. We the Coastal Plain.’’ Supporters of this those who feel that we should protect need an energy policy that protects the amendment believe that this provision the environment and preserve ANWR. environment, increases the efficient will limit production to just 2,000 acres But, I believe that we can do both. We and effective use of renewables, encour- of the coastal plain, an area about the have come a long way since the very ages diversification of generating ca- size of a large airport. first oil fields were drilled. Today we pacity AND most importantly, in- What needs to be kept in mind, is have the ability, the technology and creases our domestic production. that the oil reserves in ANWR are not the know-how to drill in ANWR and ANWR presents the United States with found in a concentrated area. They are protect and preserve the environment. enormous potential for increasing do- spread out over the coastal plain in What is more, we are not proposing mestic production. I think that we various pockets that differ in size. Pro- to drill in the entire Arctic National would be fools to pass up such an im- duction activities will not be limited Wildlife Refuge as one might assume portant opportunity for our Nation. to just one section of the coastal plain. when they listen to our debate. In fact, I encourage my colleagues to join Oil rigs, pipelines and other facilities this amendment will only allow for with me in supporting this amendment will be spread throughout the area, re- drilling on 2,000 acres of the total 19 to allow oil and gas exploration in sulting in a spider-web effect of infra- million acres that encompasses the ANWR. structure than could cover much of the Arctic National Wildlife Refuge. Mr. SPECTER. Mr. President, in my coastal plain. This is especially true The events of September 11th have 22 years in the Senate, there has not since pipelines are not included in the made it glaringly obvious that the been a more heavily lobbied issue than amendment, just the support beams. time has come for the United States ANWR and there has not been a tough- To put this all in perspective, the in- Congress to step up to the plate and er vote. It is especially difficult be- frastructure associated with existing take an active interest and an active cause of my commitment to protecting oil development on the North Slope has role in securing our nation’s energy fu- the environment for future genera- a ‘‘footprint,’’ as defined in this amend- ture. We can no longer sit on the side tions, including my own grandchildren, ment, of 12,000-acres, but in reality lines and assume that wind energy, as evidenced by my strong environ- covers an area of more than 640,000 solar panels, and battery packs are mental voting record. acres, or 1,000 square miles. It is safe to going to advance our Nation’s energy After extensive deliberation, I have assume that in this amendment the so- interest. No matter how many tax decided to vote for cloture, to cut off called 2,000 acre limitation in ANWR credits we force on alternative fuels or debate, for a composite of reasons: 1. would likely impact an area over 50 how much money we devote to research The United States needs to become times that size. into these technologies, the fact re- independent of OPEC oil; 2. this modi- This Nation must have a comprehen- mains that our country is increasingly fied legislation greatly reduces the en- sive energy strategy that ensures a re- dependent on foreign sources of oil. vironmental impact; 3. Federal funds April 18, 2002 CONGRESSIONAL RECORD — SENATE S2885 from ANWR would cover legacy retiree In light of our increasing dependence ‘‘As we peer into society’s future, . . . health costs for steel workers to allow on a profoundly undependable source of [we] must avoid the impulse to live for re-structuring to save the American oil, we must ask ourselves what course only for today, plundering for our own steel industry and tens of thousands of do we now chart for our Nation’s en- ease and convenience, the precious re- jobs, including thousands for Penn- ergy policy? Should we rush to deplete sources of tomorrow.’’ Although the sylvanians. our last major reserve of oil, or should Arctic Refuge may seem to some to be Many steps must be taken to free the we increase conservation and develop the easiest and most convenient source U.S. from dependence on OPEC oil. To alternative technologies that will of oil available, drilling in the Arctic rely on the Saudis, let alone Iraq and allow our children to enjoy a better Refuge will not solve our energy prob- Iran, is to court disaster. Our reliance quality of life? lems. I urge my colleagues to increase on Arab oil has broad-ranging implica- President Teddy Roosevelt once said: our energy efficiency, develop alter- tions on our policy in the Mid-East in- ‘‘I recognize the right and duty of this native energy sources, and preserve our cluding our support for Israel. generation to develop and use our nat- precious Arctic resources so that our In this bill, I have voted for a signifi- ural resources, but I do not recognize children will have the freedom to make cant increase in renewables to generate the right to waste them, or to rob by their own choice concerning this vast more energy from wind, the sun, bio- wasteful use, the generations that wilderness reserve. mass, hydropower and geothermal come after us.’’ Mr. MCCAIN. Mr. President, I would sources. I have supported expanded tax Americans have a right to develop like to speak about today’s vote to end credits for clean coal and conservation our energy resources, but not to waste debate on the two pending amendments measures including increasing mileage them. We could do far more to reduce to authorize oil and gas development in requirements for motor vehicles. our reliance on foreign oil by increas- the Arctic National Wildlife Refuge. While I would prefer not to open ing the efficiency of our automobiles In past years, I have voted in support ANWR to drilling if we could become than by drilling in the Arctic. Drilling of exploring development options in independent of OPEC oil without it, I in the Arctic National Wildlife Refuge ANWR as part of budget reconciliation have visited ANWR and believe that today would be akin to wasting re- measures. I believed that was the right significant steps have been taken to re- sources that should rightfully be there vote. I was not an expert on the issue duce the incursion, such as a reduced for future generations. We must em- and I believed that further deliberation footprint through multi-directional brace an ethic of stewardship of our was warranted. drilling, ice roads and winter season most treasured national resources. Unfortunately, the information pre- drilling. Instead of rushing to deplete what is sented to us consistently reveals wide- This legislation also allows for the likely the last major oil reserve in the ly varying predictions of actual oil po- use of funds from ANWR to cover so- United States, we should instead pro- tential and economic benefits, as well called legacy costs for retired steel mote energy efficiency and develop al- as various scenarios of possible impacts workers which would enable re-struc- ternative technologies. Doing so will on wildlife and the environment. Even turing of the domestic industry which not only make more of an immediate government studies are not conclusive is vital for national security. More difference than drilling in the Arctic, and raise more questions than they an- than thirty steel companies have filed but it will also ensure that we leave swer. The various interpretations have for bankruptcy in the past few years our children with ample energy sup- already been debated by each side, and and tens of thousands of steel workers plies and a broader array of energy op- I need not rehash them now. have lost their jobs. The recently im- tions. However, several factors are clear to posed tariffs on imported steel gives We can achieve greater and more im- me. the industry a three-year period for re- mediate energy security by increasing Oil and gas could be recovered from structuring with consolidation of many our energy efficiency. According to tes- ANWR many years from now, but not potentially failing companies into a timony heard before the Senate Gov- without considerable costs to tax- company which could compete with ernment Affairs Committee, the United payers. foreign steel producers. That consolida- States could cut our dangerous reli- Most scientific analyses conclude tion could not take place if the acquir- ance on foreign oil by more than 50 per- that both the land and wildlife would ing company has to assume the legacy cent by increasing energy efficiency by adversely be impacted by development. costs. Federal funds derived from 2.2 percent per year. This would do far The two Alaska Native communities ANWR would be used to cover such leg- more to reduce our reliance on foreign most impacted by this debate are split acy costs and permit consolidation. oil than would drilling in ANWR, and in their positions on this issue. Another consideration in my vote to the benefits could start almost imme- Even if ANWR were authorized for invoke cloture is my view that the diately, not in 10 years. I note that the development, we would still rely on im- Senate should not require 60 votes for United States has a tremendous record ported oil supplies and require other passage, a super majority, unless there of increasing energy efficiency when sources of energy development and gen- is a great principle at issue, such as we put our minds to it: following the eration. civil rights or civil liberties. Regret- 1979 OPEC energy shock, the United I, too, am concerned about our Na- tably, a practice has evolved in the States increased its energy efficiency tion’s dependence on foreign oil sup- Senate to require cloture or 60 votes to by 3.2 percent per year for several plies. Unless we act in some com- pass legislation which is contrary to years. With today’s improvements in prehensive manner on several fronts, the fundamental principle, that in a de- technology, 2.2 percent is attainable. including conservation measures and mocracy, decisions should be made by a I am disappointed that the Senate greater use of nuclear and other forms majority. last month failed to adopt higher auto- of alternative energy generation, our Ms. COLLINS. Mr. President, today I mobile fuel economy standards. The current dependence on foreign oil could express my opposition to drilling in the Senate had the chance to save more increase from 56 percent to 70 percent Arctic National Wildlife Refuge. I op- than twice as much oil as is in the Arc- in less than 20 years. pose drilling in the Arctic Refuge be- tic Refuge by simply increasing fuel With respect to taking truly effective cause it is both poor energy policy and economy standards. That proposal, action to reduce our oil dependence, re- poor environmental policy. which I cosponsored, would have saved grettably the Senate rejected a more A sound energy policy is critical to consumers billions of dollars in annual effective measure to modestly increase our Nation’s security. The United gasoline bills while doing more to re- fuel efficiency standards, a proposal States is currently 56 percent depend- duce our reliance on foreign oil than that would substantially decrease our ent on foreign oil. By 2020, this number any other single measure. Nation’s dependence on foreign oil and could rise to 70 percent. At that time, It was Republican President Dwight also reduce greenhouse gas emissions. over 64 percent of the world’s oil ex- Eisenhower who first set aside the Arc- Had we adopted an increase of fuel effi- ports will come from Persian Gulf na- tic National Wildlife Refuge. In his ciency standards to 36 mpg average by tions, a prospect that causes me great parting words from the Oval Office, 2013, we could have potentially saved concern. President Eisenhower told the Nation: 2.5 million barrels of oil per day by 2020 S2886 CONGRESSIONAL RECORD — SENATE April 18, 2002 which is about equal to present im- means development as much as it does and Saddam Hussein advises that oil is ports from the Persian Gulf. This pru- protection. I recognize the right and going to be used as a weapon. dent conservation measure would also duty of this generation to develop and Oil as a weapon. We remember the save twice as much, if not more, oil use the natural resources of our land; last time we saw a weapon in this than what is in ANWR. but I do not recognize the right to country, it was an aircraft being used Opening the refuge could only meet waste them, or rob, by wasteful use, as a weapon—two aircraft, three air- about 2 to 5 percent of the Nation’s oil the generations that come after us.’’ craft. There was the Pentagon, there needs, at best. Even some oil company I have thought long and hard about was the New York Twin Towers, and executives have expressed doubts about this debate and the vote that I will there was the terrible crash in Penn- drilling in ANWR, as stated by one: cast. I still hope we can achieve a more sylvania. ‘‘Big oil companies go where there are balanced national energy strategy, but This is as a consequence, to some de- substantial fields and where they can I am not convinced that a key compo- gree, of our continued reliance on im- produce oil economically . . . does nent of that policy should be to drill in ported oil. We have heard a lot on the ANWR have that? Who knows?’’ ANWR. I will vote against the motions other side relative to ANWR and what Let me also say that the answer to to invoke cloture on these amend- it would contribute. Let me identify threats posed by the regime of Saddam ments. for the record—and this is from the En- Hussein is not to drill in ANWR but to The PRESIDING OFFICER. Who ergy Institute—crude oil imports rel- end his regime sooner rather than yields time? The Senator from New ative to the annual report for the year later. Drilling in ANWR will not re- Mexico. 2002. Opening ANWR would reduce oil move the clear and present danger Mr. BINGAMAN. Mr. President, how dependence from 66 percent in 2020 to 62 posed by Hussein and will not stop in much time remains? percent by 2024; 58 percent by 2020 in a any way whatsoever his weapons of The PRESIDING OFFICER. The Sen- high case. So we have a low case, a mass destruction program or for that ator from Alaska controls 10 minutes. mean, and a high. matter his ‘‘inspiring and financing a The Senator from New Mexico has 141⁄2 The significance is what it does rel- culture of political murder and suicide minutes. ative to domestic production. Assum- bombing,’’ as Defense Secretary Rums- Mr. BINGAMAN. Mr. President, I am ing the USGS mean case for oil in feld so aptly described his lawless and informed Senator DASCHLE wishes to ANWR, there would be an increase of murderous behavior. speak and is going to be coming to the domestic production by 13.9 percent; I also wish to comment briefly about floor in a few minutes to do that. I sug- assuming a higher case for oil—and the second-degree amendment offered gest the absence of a quorum. this is USGS figures—25 percent of to the underlying ANWR amendment The PRESIDING OFFICER. The total domestic production, an in- to divert a majority of revenues de- clerk will call the roll. crease—well, the increase is clearly rived from oil and gas development to The legislative clerk proceeded to substantial. retirement and other benefits for the call the roll. I think what a lot of people have for- steel industry. Mr. MURKOWSKI. Mr. President, I gotten in this debate is what we are de- I am not against our steel workers. ask unanimous consent that the order bating. This second degree amendment, They helped build our Nation and are for the quorum call be rescinded. of course, provides funding for the reju- among the hardest working people in The PRESIDING OFFICER. Without venation of the American steel indus- America. But to underwrite their re- objection, it is so ordered. try, with the proceeds from ANWR. But tirement in a transparent effort to at- Mr. MURKOWSKI. Mr. President, is for a moment, let us reflect on the fact tract more votes is very bad policy. time running off the side of the major- that passing the underlying amend- What do we say to all the other work- ity at this time? ment does not automatically open ers who are also suffering during eco- The PRESIDING OFFICER. It is run- ANWR. In this amendment, we have nomic hard times? Are we going to say, ning off the time of the majority. given the President the authority to ‘‘sorry, but giving royalties to folks in Mr. MURKOWSKI. I thank the Chair. open ANWR. The President has to cer- your industry won’t get us the votes we Mr. President, I suggest the absence of tify to Congress that the exploration, need to pass our bill’’? a quorum. development, and production of the oil Miners, teachers, construction labor- The PRESIDING OFFICER. The and gas resources in the ANWR Coastal ers, and many other hard-working clerk will call the roll. Plain are in the U.S. national, eco- Americans have seen their jobs, bene- The legislative clerk proceeded to nomic, and security interests. I think fits, and pensions endangered by the re- call the roll. we should trust our President to make cent hard economic times. Yet, they Mr. MURKOWSKI. We are playing that decision. Clearly, at a time when would not benefit from this proposal. games here, Mr. President, so I ask the Mideast is in an inferno and we are Nor would our veterans, who unanimous consent that the order for 58 percent dependent, we should trust undoubtably could use more help pay- the quorum call be rescinded. our President to make this decision. ing for their medical bills. These last- The PRESIDING OFFICER. Without Further, there is a 2,000-acre limita- minute tactics are not a credit to this objection, it is so ordered. tion on surface disturbance. That is in deliberative body and only serve to in- Mr. MURKOWSKI. Mr. President, I the House bill. There is an export ban, crease the public’s skepticism of gov- will take a few minutes at this time, with the exception of exports to Israel. ernment. and I would appreciate the Chair re- Under the Israeli oil supply agreement, America will need oil for the foresee- minding me when half my time is up. we are extending it through the year able future. What gives this generation My understanding is that is in 5 min- 2014. There are 1.5 million acres of wil- the right to deplete this vital resource utes. derness in ANWR, in exchange for when we have the opportunity to pre- I want to show a chart. We had the opening approximately the 1.5 million serve it for the benefit of future gen- Senator from California talk a little acres of the Coastal Plain. We believe erations? At the end of our day, we bit about refuges. This happens to be a that is a responsible exchange. still have prudent alternatives to producing well in a refuge in Cali- We talk about a process. This is what ANWR to meet our energy demands fornia. It is near San Francisco. The I find totally unacceptable. One might and we should aggressively pursue point is, there are refuges in many say we were defeated before we even them. A more acute energy need than States, as additional charts will show. started on this project. Why? Well, be- our own in the future may require de- Be that as it may, I am not going to cause the majority leader basically velopment, where assurances of im- belabor that point because there are a pulled away from the committee of ju- proved technology may better protect few other issues on which we need to risdiction the process of developing out the environment. With other viable en- reflect. of that committee an orderly transi- ergy options available to us today, to Today we are seeing headlines: tion and development of a bill that approve ANWR drilling would be a ‘‘Summer Gasoline Prices Again Head- could be brought to the floor and voted dereliction of our duty to posterity. ed Higher.’’ on by 50 votes. Teddy Roosevelt, the champion of We also see information coming at us We had 50 votes. We were victorious, conservation, once said: ‘‘Conservation from the Mideast relative to the crisis, and the Democratic leader knew it, but April 18, 2002 CONGRESSIONAL RECORD — SENATE S2887 he pulled the bill from the Energy ened policy that positions us better in ship in the House and Senate refused to Committee and put us in a position of the future with regard to our energy grant the ironclad assurances necessary to having to come up with 60 votes, and needs. Meeting those needs and opening go forward with legacy costs legislation as part of the Energy bill. In fact, the inaction that is where we are today. ANWR to drilling is not a necessary of the White House and the Republican lead- The PRESIDING OFFICER. The Sen- part of that. ership shows a total lack of concern for the ator has 5 minutes remaining. I do not support it as an environ- 600,000 steelworkers who have, or are about Mr. MURKOWSKI. I guess one could mental policy, and I do not support it to lose, their retiree health care. say when we had control of the Senate as part of this energy bill. We will have Without your consent or the support of the the last time, 55 to 45 in 1995, we passed a good opportunity to express views on United Steelworkers of America, the Repub- ANWR. President Clinton vetoed it. that in these upcoming two votes, and lican leadership has attached the legacy Now it is a different story in the Sen- costs legislation to an amendment that Members know exactly what the issues would open Alaska to new oil exploration ate. We have 50/49/1. That is the reality are. There is no mystery about that. and production. The United Steelworkers of associated with this issue. With regard to the first of the votes America oppose this action. The issue of The final point I want to make rel- we are going to cast, it is complicated ANWR stands alone. This is not the way to ative to the majority leader and his by the fact that we have had loaded in obtain legacy costs relief. handling of this bill is one that I think there provisions relating to the steel What the Steelworkers do support is the bears consideration by all Members of industry and the legacy issues related legacy costs legislation that you will intro- this body. He said, even if we get 60 to the steel industry. I have said be- duce today, co-sponsored by Senator Specter of Pennsylvania. votes, we are not going to get ANWR fore, and I reiterate, this is not the In the coming weeks, we will work with because he will pull the energy bill. right place to deal with those issues. I you and other Senators on both sides of the I reserve the remainder of my time. support trying to find a solution to aisle in order to build a broad-based grass- The PRESIDING OFFICER. Without those problems, but this is not the roots campaign to ensure the speedy enact- objection, it is so ordered. right place to do so. ment of legacy costs relief. We urge the Re- Who yields time? The PRESIDING OFFICER. The Sen- publican leadership not to call for a vote on The Senator from Nevada. ator’s time has expired. the Stevens’ Amendment. Our members, and Mr. REID. Mr. President, Senator in particular our 600,000 retirees, their de- Who yields time? pendents and surviving spouses, deserve seri- ROCKEFELLER was scheduled to speak. Mr. REID. How much time is remain- ous consideration of this problem, not polit- Of his time, which is 10 minutes, we ing now on the majority side? ical exploitation. yield 3 minutes to the manager of the The PRESIDING OFFICER. Ten min- Sincerely, bill, Senator BINGAMAN. utes is available to the Senator from LEO W. GERARD, The PRESIDING OFFICER. The Sen- New Mexico. International President. ator from New Mexico. Mr. REID. That time is yielded to the Mr. ROCKEFELLER. Mr. President, I Mr. BINGAMAN. Mr. President, I will Senator from West Virginia, Mr. have consistently, over the years, summarize some points we have made ROCKEFELLER. voted against drilling in the Arctic Na- several times before. I think this de- The PRESIDING OFFICER. The Sen- tional Wildlife Refuge area. I will op- bate has been useful in that all the ar- ator from West Virginia. pose both the Murkowski and the Ste- guments have been heard extensively. I Mr. ROCKEFELLER. Mr. President, I vens amendments. As a refuge, ANWR do think it is an important issue. want to read one paragraph of a letter is protected land, intended to ensure I commend the Senators from Alaska from the United Steelworkers of Amer- the national diversity of wildlife, to for their efforts to move ahead. I do ica which was given to me last night. It ensure quality in water and conserva- not favor going ahead with opening says: tion, and to provide subsistence living ANWR to drilling, and I think this is a The United Steelworkers of America sup- for Native Americans who have lived in debate which has continued, frankly, port you— that region for many generations. for decades in this Senate and in this That happens to be me—— The Coastal Plain within the refuge country. is targeted by some, as we well know, now and will continue to support you as you My own view is the long-term energy for oil exploration while only 8 percent needs of our country can be best met go forward to explore every avenue for the passage of this vital legislation [the legacy of this refuge, the plain, is home to a with a balanced, comprehensive bill, costs for health care]. wide variety of wildlife, including polar which we are trying hard to enact and In the last 2 weeks, despite every effort, bears, caribou, and 100 species of birds. perfect in the Senate, that encourages the White House and the Republican leader- ANWR is likely to produce, at best, 2 domestic production in ways that are ship in the House and Senate refused to percent of America’s oil demand in a not environmentally objectionable to a grant the ironclad assurances necessary to given year if the oil, in fact, is there. substantial portion of our population. I go forward with legacy costs legislation as Extracting it, if it is there, will be ex- mentioned those. part of the energy bill. In fact, the inaction tremely costly. According to the Con- of the White House and the Republican lead- There are substantial opportunities gressional Research Service, ANWR for us to increase production on the ership shows a total lack of concern for the 600,000 steelworkers who have or are about to would not under any circumstances North Slope of Alaska. There are sub- lose their retiree health care. start producing oil for at least 7 years, stantial opportunities for us to in- I ask unanimous consent that the re- or perhaps as many as 12 years. crease production in the Rocky Moun- The limited amount of oil and the mainder of this letter be printed in the tain region, and I know that is going to problems extracting it make it clear RECORD. be objectionable to some people, but we we should not risk opening the refuge, There being no objection, the letter have a lot of production in my State. I which is the last 5 percent of Alaska’s was ordered to be printed in the think there are opportunities for addi- vast North Slope that remains pro- RECORD, as follows: tional production. There is a lot of op- tected. There are other, better ways to portunity for increased production in UNITED STEELWORKERS OF AMERICA, promote domestic oil production and Pittsburgh, PA, April 17, 2002. the gulf that we can benefit from sub- other more effective ways to deal with Hon. JOHN D. ROCKEFELLER IV, stantially. U.S. Senate, Senate Hart Office Building, our country’s energy needs. In addition to that domestic produc- Washington, DC. In addition to opening ANWR to oil tion, though, we need to have a heavy DEAR SENATOR ROCKEFELLER: I want to exploration, Senator STEVENS—who in emphasis on increased efficiency. thank you for your continuing efforts to ob- my work with him acted in total honor There is no reason we cannot use the tain a retiree health care program that will and integrity, which is part and parcel new technology that has been devel- address the needs of hundreds of thousands of his nature—adds a provision that ap- oped to reduce dependence on foreign of Steelworker retirees. The United Steel- pears to provide health care benefits to sources of oil. I regret some of the ear- workers of America support you now and retired steelworkers and also coal min- will continue to support you as you go for- lier votes we have had on this bill in ward to explore every avenue for the passage ers. They relate to ANWR. He links the that regard. I will not revisit that of this vital legislation. two. If that were a real possibility, it right now, but I will say there are op- In the last two weeks, despite every effort, would be very hard to resist for some- portunities for us to pursue an enlight- the White House and the Republican leader- body like me, who has been fighting for S2888 CONGRESSIONAL RECORD — SENATE April 18, 2002 steelworkers who have been going I want my colleagues to know for Mr. DASCHLE. Mr. President, we downhill. months and months I have tried in have now been debating how best to re- However, no matter how genuine the every way I possibly could to try to get shape our Nation’s energy policy for 24 Senator from Alaska is—and he is—he the White House to have some sense of days. has been unable to secure any kind of empathy for this situation. They did Time and again, we have heard our support for either himself, myself, or the tariffs. All that did was buy time. Republican colleagues say that opening anybody else from the White House It did nothing for the steel industry. Alaska’s arctic wilderness is the cor- that it would support it through the You have to have legacy followed by nerstone of their energy policy. conference committee. Remember, the consolidation. Without consolidation, Time and again, we have said, if that House has passed this bill. ANWR is in there is no steel industry. Without leg- is the case, then offer an amendment to it; there is no steel. Therefore, no mat- acy there is no consolidation. It has to that effect. ter what we do, it has to go to con- be tariffs, legacy, consolidation. They Time and again, they declined. ference. The whole problem is they said no to legacy. I am mystified as to why it has taken would then drop legacy costs for steel Don Evans, Secretary of Commerce, us so long to get to this point, but now and coal miners and keep ANWR, and was on one of the Sunday shows. He that we are here, I want to talk about that would be easy, unless, of course, said: That is up to the Congress to the substance of this amendment, be- the White House committed and the pass. cause I support policies that will en- House committed not to do so. Senator Well, there is a Republican House, a courage domestic production of oil and STEVENS asked for that kind of com- one-vote organizing majority in the gas. mitment and was given no such com- Senate, and a Republican White House. I also believe that we need a com- mitment whatsoever. That leaves an What do you think that says? We are prehensive and balanced energy policy empty promise. not interested. that will help to meet our Nation’s It basically says: Vote for me on It is, unfortunately, the steel indus- critical energy needs. what I want and when your turn comes, try that is not a priority for this ad- But, given the fact that drilling in I will consider what you want. In addi- ministration. I am disappointed but the Arctic Refuge won’t increase our tion, the White House said they would not surprised. I am disappointed. I am energy independence, but will have an not even consider sending a letter of bitter about it. I will be back about it. adverse impact on the wildlife refuge— any sort until they had 60 votes on I will be back on this because I rep- I believe that it does not belong as part ANWR. That is the same thing as say- resent steelworkers. of our Nation’s energy policy. There has never been a single soli- America’s appetite for energy con- ing: Give us 60 votes; we will write you tary indication that this administra- tinues to grow each year. Over the next some kind of a letter, and steel will get tion would support the concept of leg- 10 years, the United States is expected dropped in conference. No. No. I represent West Virginia, as acy relief. The President’s refusal to to consume roughly 1.5 trillion gallons well as the United States of America make a commitment to retired steel- of gasoline. At the same time, the and steelworkers and other people ev- workers at this point sends a very United States holds only 3 percent of erywhere. I am not a part of anything chilling message to every steelworker, the known world oil reserves. every steel company in the United Even if we drilled in everybody’s of that sort. I will not and cannot sup- States of America that this White back yard, we could never meet our port the effort of the Senator from House simply does not care about the own demand with our own supply. Alaska to add steel retiree legacy costs long-term well-being of the steel indus- That is not to say that we shouldn’t to the ANWR amendment, although I try. I don’t know how I can reach any drill for oil and gas in the United am very sympathetic with what his other conclusion. I tried to work with States—to the contrary, we can and we predicament is. It is the same predica- them, but there could be no other con- should. ment I face. I have great respect for clusion. But we cannot simply drill our way the Senator. His amendment offers For our own industrial manufac- out of this problem, and we should not nothing to steelworkers across this Na- turing base, of which steelworkers are be drilling in environmentally sen- tion, through no fault of his own. 14 percent in West Virginia, for our na- sitive areas. The American steel industry and re- tional security interests, we all have a Supporters of drilling in the Arctic tired steelworkers were struggling in vested interest in doing something Refuge have used every possible oppor- the face of an unprecedented steel cri- about steel. I conclude by saying, tunity to justify their position. sis. They deserve help from their Gov- again, please do not be fooled by the When we were experiencing rising oil ernment and need help. The steel in- linking of drilling and legacy costs. prices, supporters said it would make dustry is not a casual industry. It is no This amendment is misleading. There oil available quickly and drive prices less strong in its meaning to America will be legislation introduced in this down in the process. than the oil industry, but nobody body that will represent a meaningful But even if Congress were to author- seems to care about the steel industry. way to protect steel retiree benefits, ize drilling in the Arctic National Not that many States produce steel, but this is not the vehicle. Drilling in Wildlife Refuge today, we would not and half the Senators from those and of itself is wrong. see significant quantities of oil pro- States do not care. It is a discouraging I urge my colleagues to vote against duced from the refuge for 8 years at the situation. both the Stevens amendment and the earliest. The steelworkers deserve straight Murkowski amendment. When our economy began to slow, talk about what the administration is I thank the Presiding Officer. I yield supporters began billing it as an eco- prepared to do to help them, not polit- the floor. nomic stimulus measure, saying it will ical gain. There are nearly 100,000 steel- Mr. MURKOWSKI. I ask how much create 750,000 jobs. workers without health care benefits time remains on the other side? Yet that number comes from an out- today. Most are former LTV workers The PRESIDING OFFICER. The Sen- dated and biased study commissioned who lost their benefits less than 8 ator from Alaska controls 4 minutes by the American Petroleum Institute. months ago. Some are workers of and the other side controls 8 seconds. Recent, more credible estimates by the American steel companies that went Mr. MURKOWSKI. Mr. President, Congressional Research Service, the bankrupt waiting for the President to how much time remains on the side of Joint Economic Committee and others act on section 201, which was the mat- the majority? suggest that less than one-tenth that ter of tariffs for unfair trade practices. The PRESIDING OFFICER. The ma- number would actually be created. There are hundreds of thousands of jority has no time remaining. And now, as we see volatility in a steelworkers whose health benefits are Mr. DASCHLE. Mr. President, obvi- number of oil-producing nations, those in imminent jeopardy without some ously, I have the availability of leader same supporters are saying that drill- help. There is an urgent need for legis- time, but in the interest of moving ing in ANWR is vital to increasing our lation to restore the health benefits these votes along, it is important we energy independence. and to protect the steelworker health try to stay as close to schedule as we But estimates of the amount of oil benefits that are at risk. can. that might potentially be available if April 18, 2002 CONGRESSIONAL RECORD — SENATE S2889 we drilled in the Arctic Refuge average Now, some Republicans are saying Mr. MURKOWSKI. Mr. President, I around 3.2 billion barrels. that they will limit the operation to a yield myself the remaining time. Let me give you an important point 2,000 acre ‘‘footprint,’’ and the environ- I want my colleagues to note there is of comparison: if we all put replace- mental damage will be minimal. not one single thing in here that in- ment tires on our cars that were as Well, ‘‘footprint’’ is a misleading creases domestic oil production in this good as the ones that came with the term. energy bill. I find that unconscionable cars when they were new, the resulting In reality, oil production on the at a time when energy prices are in- increase in efficiency would save 5.4 coastal plain area would require cen- creasing. We face continued crisis in billion gallons of oil—70 percent more tral production facilities, drilling pads, the Middle East, and the intention of than the total amount of oil in the roads, airstrips, pipelines, water and Saddam Hussein is, in his words, ‘‘use Arctic Refuge. gravel sources, base camps, construc- oil as a weapon.’’ We have seen that. Perhaps the most cynical attempt to tion camps, storage pads, powerlines, I am very pleased to stand with Sen- justify drilling in the arctic refuge was powerplants, and possibly a coastal ator STEVENS and recognize the sup- the most recent. It was an attempt to marine facility. port on this issue, from seafarers, link drilling in ANWR to an issue that When you add those logistical neces- teamsters, ironworkers, laborers, oper- many of my colleagues care about—the sities to the fact that those 2,000 acres ating engineers, plumbers, pipefitters issue of health and retirement benefits doesn’t include an additional 93,000 and many other unions in America for laid-off steelworkers. acres of Native American land—you that recognize this legislation as good All I can say is that I hope those who begin to see how that 2,000 acre foot- for the American worker. A vote on the proposed this addition to the ANWR print could easily trample a substan- second degree which Senator ROCKE- amendment remember their newfound tial amount of the coastal plain. FELLER just talked about is a vote for commitment to steelworkers when it Finally, we need to recognize that America’s steel industry. comes time for us to debate trade ad- this debate is about more than just He didn’t talk about rejuvenating the justment assistance. drilling in the Arctic Refuge. industry. This is money that could The bottom line is this: anytime you It is about whether we are willing to come from opening ANWR, some $12 see a policy so desperately in search of recognize that decreasing our depend- billion. It is unconscionable that they a justification, you can count on one of ence on foreign oil means decreasing are not giving serious consideration to two things—either it’s not that good a our dependence on oil, period. this because we are talking about pass- It is about whether we choose to pur- policy, or it doesn’t have much sup- ing a law; the conference is something sue an energy future based upon the port. else. Finally, a vote for this amend- old philosophy of dig, drill, and burn— Drilling in ANWR falls into both cat- ment is a vote for the Native people of or whether we embrace innovative ap- egories. my State of Alaska. They were prom- proaches to our energy future. And here’s why: right now, more than ised they would have access to their We need to expand production of re- 95 percent of the Alaskan North Slope lands. The underlying amendment newable fuels, such as ethanol and bio- is already open to oil and gas drilling. would give them that. diesel, develop cars and trucks that do I find it ironic that by focusing this We talk about truth today. I am not run on gasoline, but on fuel cells or debate on ANWR, we are missing the going to close with one reference from other energy technologies that we can other opportunities to produce oil and the New York Times. produce here in the United States, and, gas in Alaska that we should be en- A Democrat from the northeast who con- in the meantime, build more innova- couraging. siders himself a strong environmentalist also tive and efficient automobiles. The first amendment that we passed said he once tried quietly to see if he could Let me give you just one example of broker a deal in which Democrats would to this bill authorizes the construction what the innovative new approach back limited exploration in the wildlife re- of a pipeline to bring natural gas from could achieve: serve and Republicans would support much Alaska to the lower 48 States. If we had fully implemented the vehi- tougher fuel efficiency standards for cars and There are 35 trillion cubic feet of cle fuel-efficiency provisions that were trucks. known natural gas reserves on the The Democrat said he quickly gave up originally in this bill—something that when it became apparent that the environ- North Slope of Alaska. could have been done without affecting There is more we can do to encourage mental organizations would not budge in safety or performance—we would have their opposition to new drilling. sensible production. We should explore saved American drivers billions of dol- ‘‘If you told the environmentalists we ways to pump the heavy crude oil that lars—and saved our Nation the same would end global warming once and for all in remains in the ground in northern amount of oil we are currently import- return for ANWR,’’ he said, ‘‘they’d still say Alaska. ing from the Persian Gulf. no.’’ And we should explore for oil and gas Bold steps like that are the path to The truth is, what is going on here is in the National Petroleum Reserve in energy independence—not backward simply the word ‘‘greed.’’ The so-called Alaska—the area where the 3 largest steps like this. environmentalists are not interested in onshore oil reserves in the last 10 years Most Americans will never have the science; they are not interested in the were found. opportunity to visit the Arctic Na- health of this planet; they are not in- Faced with so little evidence that tional Wildlife Refuge and see the terested in the welfare of the people of drilling in the Arctic Refuge would do beauty and wonder of land that has my State; they are interested in only anything significant to help our eco- been largely untouched by humans one thing—fundraising and keeping nomic situation or increase our energy since the dawn of time. their high-paid jobs. independence, some are now arguing It is a tribute to the best of America They know that we can explore Alas- that at the very least it can be done that Americans still want to protect ka safely; and that the wildlife will not without harming the environment, or that ecologically rich expanse. be hurt. But they know that if we win without exploiting too much land. It is a tribute to the best of America ANWR, and we will, their chief fund- But those arguments are flawed as that so many people today want to give raising tool goes away. That’s what well. future generations the opportunity to this entire debate is about—it is about For 12 years—over the course of a see that land as it once was, and al- raising money and keeping jobs for Democratic and a Republican adminis- ways should be. people who call themselves environ- tration—the U.S. Geological Survey So I urge my colleagues to use these mentalists. studied the impact that drilling in the votes to show that we have the cre- That is the bottom line. We could Arctic Refuge would have on the local ativity to meet our energy needs, and pull this bill but the people of Alaska wildlife. the character to resist violating the are entitled to a vote and Members are In March they came out with their few natural sanctuaries that we have entitled to stand and be heard. They final report—and it couldn’t have been set aside to protect in the process. are going to be held accountable, and more straightforward: the wildlife in Let’s defeat these amendments. I that is the way it should be. the region will be seriously hurt by oil urge all my colleagues to vote against I urge my colleagues to do what is development. cloture. right, what is right for America, not S2890 CONGRESSIONAL RECORD — SENATE April 18, 2002 what is right for America’s environ- AMENDMENT NO. 3133, WITHDRAWN Mr. LOTT. Madam President, I move mental community that has lobbied Mr. STEVENS. Madam President, I to reconsider the vote. this issue hell-bent for election. withdraw amendment No. 3133. Mr. MURKOWSKI. I move to lay that I yield the floor. The PRESIDING OFFICER. The Sen- motion on the table. CLOTURE MOTION ator has that right. The amendment is The motion to lay on the table was agreed to. The PRESIDING OFFICER. All time withdrawn. Mr. LOTT. Madam President, I sug- has expired. Under the previous order, CLOTURE MOTION gest the absence of a quorum. the clerk will report the motion to in- The PRESIDING OFFICER. Under the previous order, pursuant to rule The PRESIDING OFFICER. The voke cloture. clerk will call the roll. The bill clerk read as follows: XXII, the Chair lays before the Senate the pending cloture motion, which the The legislative clerk proceeded to CLOTURE MOTION clerk will state. call the roll. We, the undersigned Senators, in accord- The legislative clerk read as follows: Mr. GRAMM. Madam President, I ask ance with the provisions of rule XXII of the unanimous consent that the order for CLOTURE MOTION Standing Rules of the Senate, hereby move the quorum call be rescinded. to bring to a close debate on the Stevens We, the undersigned Senators, in accord- The PRESIDING OFFICER. Without amendment No. 3133, regarding drilling in ance with the provisions of rule XXII of the Standing Rules of the Senate, hereby move objection, it is so ordered. ANWR: Mr. GRAMM. Madam President, I Tom Daschle, Kent Conrad, Harry Reid, to bring to a close the debate on the Mur- Ben Nelson, Barbara Mikulski, Patty kowski ANWR amendment No. 3132 to S. 517, call for regular order. Murray, Dianne Feinstein, Tim John- the Energy Bill: AMENDMENT NO. 3144 TO AMENDMENT NO. 2999 son, Tom Carper, Jeff Bingaman, Byron Tim Johnson, Tom Carper, John Kerry, Mr. GRAMM. I send a second-degree Dorgan, Richard Durbin, Mark Dayton, Jeff Bingaman, Patrick Leahy, Tom amendment to the desk and ask for its Jay Rockefeller, Patrick Leahy, Jack Harkin, Tom Daschle, Harry Reid, Hil- immediate consideration. Reed. lary Rodham Clinton, Max Cleland, The PRESIDING OFFICER. Will the Maria Cantwell, Jack Reed, Ron The PRESIDING OFFICER. By unan- Wyden, Carl Levin, Patty Murray, Max Senator specify the amendment. imous consent, the mandatory quorum Baucus. Mr. GRAMM. The Kerry-McCain amendment is the pending business, as call has been waived. The question is, The PRESIDING OFFICER. The I understand the regular order. I think Is it the sense of the Senate that de- question is, Is it the sense of the Sen- we have about 10 amendments that are bate on the Stevens amendment, No. ate that debate on the Murkowski in the stack of regular order, but I 3133, to amendment No. 3132 to S. 517, a ANWR amendment No. 3132 to S. 517, a think it is at the top. bill to authorize funding for the De- bill to authorize funding the Depart- The PRESIDING OFFICER. The Sen- partment of Energy to enhance its mis- ment of Energy to enhance its mission ator is correct. sion areas through technology transfer areas through technology transfer and and partnership for fiscal years 2002 Mr. GRAMM. I send a second-degree partnerships for fiscal years 2002 amendment to the desk. through 2006 and for other purposes through 2006, and for other purposes, shall be brought to a close? The PRESIDING OFFICER. The shall be brought to a close? clerk will report. The yeas and nays are required under The yeas and nays are required. The the rule. The clerk will call the roll. The assistant legislative clerk read clerk will call the roll. as follows: The legislative clerk called the roll. The assistant legislative clerk called The Senator from Texas [Mr. GRAMM], for The yeas and nays resulted—yeas 36, the roll. nays 64, as follows: himself and Mr. KYL, proposes an amend- The yeas and nays resulted—yeas 46, ment numbered 3144 to amendment No. 2999. [Rollcall Vote No. 70 Leg.] nays 54, as follows: Mr. GRAMM. Madam President, I ask YEAS—36 [Rollcall Vote No. 71 Leg.] unanimous consent that the reading of Akaka Domenici McConnell YEAS—46 the amendment be dispensed with. Allard Frist Miller Akaka Frist Miller The PRESIDING OFFICER. Without Allen Grassley Murkowski Allard Gramm Murkowski Bond Hagel Santorum objection, it is so ordered. Allen Grassley Nickles Breaux Hatch Sessions Bennett Gregg Roberts The amendment is as follows: Bunning Helms Shelby Bond Hagel Santorum (Purpose: To make permanent the repeal of Burns Hutchinson Specter Breaux Hatch Sessions the death tax) Byrd Inhofe Stevens Brownback Helms Shelby Campbell Inouye Thompson Strike all beginning on page 2, line 1, and Bunning Hutchinson Specter Cochran Landrieu Thurmond insert the following: Burns Hutchison Stevens Craig Lott Voinovich Campbell Inhofe Thomas SEC. . PERMANENT REPEAL OF DEATH TAXES. Crapo Lugar Warner Cochran Inouye Thompson Section 901 of the Economic Growth and NAYS—64 Craig Kyl Thurmond Tax Relief Reconciliation Act of 2001 is Crapo Landrieu Voinovich amended— Baucus Edwards McCain Domenici Lott Warner Bayh Ensign Mikulski (1) by striking ‘‘this Act’’ and all that fol- Ensign Lugar lows through ‘‘2010.’’ in subsection (a) and in- Bennett Enzi Murray Enzi McConnell Biden Feingold Nelson (FL) serting ‘‘this Act (other than Title V) shall Bingaman Feinstein Nelson (NE) NAYS—54 not apply to taxable, plan, or limitation Boxer Fitzgerald Nickles Baucus Dodd Lincoln years beginning after December 31, 2010.’’, Brownback Graham Reed Bayh Dorgan McCain and Cantwell Gramm Reid Biden Durbin Mikulski (2) by striking ‘‘, estates, gifts, and trans- Carnahan Gregg Roberts Bingaman Edwards Murray fers’’ in subsection (b). Carper Harkin Rockefeller Boxer Feingold Nelson (FL) Chafee Hollings Sarbanes Byrd Feinstein Nelson (NE) Mr. GRAMM. Madam President, I Cleland Hutchison Schumer Cantwell Fitzgerald Reed called for the regular order, which Clinton Jeffords Smith (NH) Carnahan Graham Reid brought up the Kerry-McCain amend- Collins Johnson Smith (OR) Carper Harkin Rockefeller ment as the pending business. I have Conrad Kennedy Snowe Chafee Hollings Sarbanes Corzine Kerry Stabenow Cleland Jeffords Schumer sent a second-degree amendment to the Daschle Kohl Thomas Clinton Johnson Smith (NH) desk sponsored by myself and the Sen- Dayton Kyl Torricelli Collins Kennedy Smith (OR) ator from Arizona, Mr. KYL. It is an DeWine Leahy Wellstone Conrad Kerry Snowe Dodd Levin Wyden Corzine Kohl Stabenow amendment that makes the repeal of Dorgan Lieberman Daschle Leahy Torricelli the death tax permanent. Durbin Lincoln Dayton Levin Wellstone I say to my colleagues this is a rev- The PRESIDING OFFICER (Mrs. DeWine Lieberman Wyden enue bill. This may very well be the CARNAHAN). On this vote, the yeas are The PRESIDING OFFICER. On this only revenue bill we have for the re- 36, the nays are 64. Three-fifths of the vote, the yeas are 46, the nays are 54. mainder of this Congress. Perhaps Senators duly chosen and sworn not Three-fifths of the Senate duly chosen there may be others, but as of today having voted in the affirmative, the and sworn not having voted in the af- there is no guarantee that there will motion is rejected. firmative, the motion is rejected. be. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2891 The House is voting today to make the death tax permanent. I thank my deal with the death tax. They have to the tax cut permanent. Senator KYL colleagues for their indulgence. I ask think ahead. If they don’t know what and I thought the Senate should have them to look at this amendment. the Tax Code is going to be when, say, an opportunity to have a vote on that I think someone could always say, the head of the household dies, they issue, and we decided if we were going this is an energy bill. Well, this bill is don’t know what to do to plan for it. to try to focus on one part of the tax many different things. It has literally The tax relief we voted on gradually cut, this would be the relevant part to hundreds of different provisions that reduces the death tax burden until the focus on. We now have a revenue meas- are more or less related—and many are 10th year when it goes away alto- ure before us, and therefore we believe less related—to energy. I do not know gether. When the sunset expires, the this is an opportunity for us to fix anything that has more to do with en- entire Tax Code, the way it was before, something that is very broken. ergy than giving people an incentive to comes back into play, and people are I will not belabor the point because work and save, with the knowledge then paying the death tax at a rate of our colleagues are very familiar with that when they build up a farm or a up to 55 percent, with an exemption of it, but basically because of a quirk in business the Government is not going only $675,000. the Budget Act, we made the tax cut to take it away from their children. How do they plan? Are they going to temporary, and it expires in 10 years. That unleashes the most powerful en- die in the year 2009, 2010, or 2011? It We could have made it permanent had ergy source in the universe, and that is makes a big difference in which year they die. The irony is that one of the we had 60 votes, but we only had 58 the energy that is in the soul of men major reasons for eliminating the votes. So we had to use a procedure and women who want to better them- death tax was that they wouldn’t have called reconciliation. selves and their family. to spend the enormous amounts of Under that procedure, the tax cut ex- In my mind, this is the clearest en- money they spend each year—to plan, pires when the reconciliation expires, ergy provision in this bill if we adopt to buy the insurance, do the estate which is in 10 years. This produces the it, and I commend it to my colleagues. planning, and all that goes with plan- extraordinary anomaly that every year I yield the floor. ning—to preserve as much of their es- for the next 10 years, the death tax— The PRESIDING OFFICER (Mr. MIL- tate as possible. that is the tax that is imposed on small LER). The Senator from Arizona. We have found, and I have quoted the businesses, family farms, and the Mr. KYL. Mr. President, I appreciate statistics in the past, Americans spend the remarks of the Senator from Texas wealth that people build up over their about the same amount of money each and would reiterate that this is really lifetime by working, sacrificing, and year on lawyers and insurance compa- a propitious time for us to deal with saving—will be reduced. Before we nies planning their estates as other this issue, for the following reasons: passed the tax cut, when these people Americans do in actually paying the died, their children often have to sell The House of Representatives, as we estate tax, just about the same amount the business or the family farm to give speak, is taking action to pass a bill of money. It turns out to be a double the Government up to 55 cents out of that would make permanent all of the tax, except each year, every single every dollar they have accumulated in tax reform we enacted less than a year year, Americans spend $20 to $30 billion their lifetime. ago. That includes the death tax re- on estate planning. We decided to repeal the death tax in peal. The President is saying: Since you our tax cut, and we decided to phase it Second, we all recall what we did 4 can’t plan because you don’t know out over a 10-year period. Yet because days ago, on April 15, and I know at what the law is going to be, we have to of this anomaly in the budget law, if that time there were a lot of calls by figure out what that is, and make it you die 9 years from now, your family friends on both sides of the aisle in permanent so that everybody knows does not have to sell your farm or busi- both bodies talking about how the tax what the rules are and what they need ness, and your children get to keep burden was too great for most Ameri- to plan against. every penny of wealth you have accu- cans and we wished we could do some- Obviously, we believe what the rules mulated on which you paid taxes once thing about it. We now have an oppor- should be is what the Congress decides before. It will belong to them. But if tunity to do something about it, as and what the President signed into you die in the 10th year after the pas- Senator GRAMM said. law, which is that the death tax should sage of the tax cut, the death tax re- Third, in his Saturday radio mes- be repealed, as it is in the year 2010. turns, and they will have to sell the sage—and I know there are still a lot of That is what everybody was gearing to- business, sell the farm, or sell your as- Americans who listen to the Presi- ward. That was the whole idea, get to sets, and give the Government up to 55 dent’s radio message on Saturday final repeal. That is what we voted for. cents out of every dollar you have morning; I know I do—he explicitly We want to give our colleagues the op- earned in your lifetime. called for us to do what Senator portunity to make that repeal perma- Senator KYL and I believe that is GRAMM and I are suggesting. nent so people can plan for the future, outrageous tax policy. We think it is I read briefly from the remarks of so they will know what the rules of the very unfair, and this is a tax measure President Bush in his radio address on road and the Tax Code are at the time that is in the Senate on the very day Saturday morning: of death. the House is moving to rectify this One thing that is pretty interesting to note We could probably have picked some problem by making the tax cut perma- is that some of these tax reforms are going other way to bring this to our col- nent. to expire at the end of ten years, or in 2011. leagues, but the distinguished Pre- Therefore, I have sent this amend- It is a quirk in the law. I think that doesn’t siding Officer will recall the only way ment to the desk on behalf of Senator make much sense. It is going to be hard to we have had an opportunity so far to plan your future. If you think all of a sudden KYL and myself. I hope my colleagues these things get kicked in full time and then bring this question before our col- will look very closely at it. I cannot go away, they need to make these tax cuts leagues is through a sense of the Sen- imagine we would want to let stand a permanent. For the good of the working peo- ate. The distinguished Presiding Offi- provision of law whereby we repeal the ple of America, for the good of families, for cer and many others were supportive of death tax with great fanfare, we trum- the good of small businesses, for the good of that sense of the Senate, saying we pet the fact that we had done away farmers and ranchers, we need to make the need to get on about the business of with this evil and unfair tax, and yet 10 tax relief plan permanent in the Tax Code. doing this. We all agreed—not all, but years from now it all comes back in its President Bush was saying the re- most Members agreed—with that. full force, its full vengeance, and its form the Congress passed, and he There are very limited opportunities to full negative impact on every business signed about 10 months ago, is going to do that in the Senate. We have to have and every farm in America. The expire now in 9 years, and if we really a bill that has revenue factors in- amendment which is now pending is meant it when we passed those re- volved. This bill before the Senate now Senator KYL’s amendment, which I forms, we should make those reforms has a feature from the Finance Com- have cosponsored, and I ask others who permanent, especially the death tax. mittee that deals with revenue and want to cosponsor it to do so. The The reason I say ‘‘especially the death therefore it is one of the few opportuni- amendment would make the repeal of tax’’ is because people have to plan to ties—maybe the only opportunity, S2892 CONGRESSIONAL RECORD — SENATE April 18, 2002 quite possibly the only opportunity— here with regard to permanency— tion, at the end of 10 years, the 11th we will have all year long to bring this meaning making the tax cuts perma- year it goes right back the way it was issue to the floor when it is germane to nent? Chairman Greenspan’s reply before. the legislation pending. stresses the need for certainty in the That is not the way we should have There is some talk that on down the Tax Code, which is what I was talking to do it. Unfortunately, it was the only road we may or may not have a pension about. It is the key. way to get the matter before the Sen- bill. If we did, and it got to the floor, He said: ate at the time it was brought forward, the issue would be germane to that, as Whatever you do, Congresswoman, I think and it was the only way to get the well, but that is very uncertain. There- it has to be clear where the longer term tax number of votes necessary to effect all fore, Senator GRAMM and I believed the structure in this area is. You cannot do es- the reforms we wanted to adopt. So best way to bring this issue before the tate planning, as you point out, unless you there we are with a procedure that body in a way we could express our- have a judgment as to what these numbers Alan Greenspan says nobody would un- selves on this once and for all was are. And wherever the Congress comes out, I derstand—but it is the reality, so at think it is far more important that it come the end of 10 years we are faced with through the only vehicle that existed, out clearly and unequivocally and not have which is the vehicle of the Finance this absurd situation that the repeal an issue pending as to an issue which would that we effected disappears and we are Committee work on the energy bill. create a degree of uncertainty which could That is why we do it at this time. make estate planning very difficult to imple- right back where we started. As I said before, there is a secondary ment. Mr. Greenspan is saying that is unac- ceptable. We are saying that is unac- reason, and that is because most Amer- Those are almost the exact words I ceptable. The President is saying it is icans are focused this week on having used before. I had forgotten Chairman paid their taxes, and at least for those unacceptable. The House of Represent- Greenspan expressed it in exactly this atives today is going to invoke saying who are listening to what the Presi- way. However, that is the point. When dent had to say, we are well aware of it is unacceptable. We have now an op- there is certainty, people know how to portunity in this body to make sure the fact that the President wants to plan, they know how to invest. As a re- make the tax cuts permanent. He espe- that unacceptable result does not con- sult, the capital formation that our tinue, that we have an opportunity to cially mentioned the death tax. economic recovery requires is available Now, it is one thing to do this be- finally, once and for all, repeal the for investment. death tax so people can get about their cause the House of Representatives is What Mr. Greenspan is saying is, this doing it this week and the President planning, get about their business, and is an area where this is most impor- we do not have this immoral tax hang- has called for it, the other reason to do tant, where planning is most critical, it obviously is it is the right thing to ing around our heads. the area of the estate tax. We have to Both the President and I have spoken do. I will spend a few minutes talking have clarity. We have to have, as Mr. about this, and the Senator from Texas about that. Greenspan said, the code ‘‘come out has made the point as well, that not We knew when we debated a few clearly and unequivocally,’’ with a de- only is this a bad tax in terms of what weeks ago, when we had the sense of gree of certainty so that estate plan- it does to capital formation and eco- the Senate before the Senate, which ning is not difficult to implement. nomics, but it is an unfair tax. I know was, of course, adopted, that one of the Mr. Greenspan testified in another some of my colleagues on the other things on people’s minds at that time forum in response to a question from side have made the point that we have was stimulating the economy, getting one of our colleagues in the Senate. He to find a way that rich people can pay the economy going, and making sure very clearly rejected the notion that a tax on the unrealized gain. In other the economic growth we were begin- making the tax cut permanent would words, if an asset is purchased, there ning to see signs of—it is almost like complicate efforts to meet the Federal are a lot of folks who want to make the flowers of spring coming up out of Government’s long-term financial obli- sure a tax is paid when that asset is fi- the soil; we can see economic recovery gations to Social Security and Medi- nally disposed. coming. But there is a question wheth- care. In the real world we call it a capital er we can sustain that with oil prices I read: gains tax. We say when you buy some- that are now probably going to in- I don’t know of any economist who does thing, buy it at $100 and sell it at $500 crease substantially. That could knock long-term forecasting and presumes that the and you do not do any improving on it, out the economic recovery. tax cuts will fall off a cliff at the end of the then you have a gain of $400 and the For our families back home thinking period in which they are statutorily in place. capital gains tax rate is going to apply about what they can afford this year I don’t think it is an economic issue because against that $400 gain when you decide and whether it will be a good year eco- I don’t know anyone who seriously believes to sell the asset. nomically and whether they will save the world works the way legislation stipu- So you stop and think, I have this lates. their job, we need to do everything we piece of property that is worth $500. I can to let them know we will work as That is the end of the quote by Chair- know if I sell it I am going to have to hard as we can to make sure the eco- man Greenspan. pay a capital gains tax because I did nomic recovery is sustained, they keep He is absolutely right. Nobody would not pay that much for it at the begin- their job, we keep oil prices as low as imagine that at the end of 10 years all ning; it has really appreciated in value. possible, and all the rest. the work toward eliminating the estate Do I want to do that? And you make a We found during the previous debate tax simply disappears and we go back judgment in your mind to either sell it that pumping money back into the to the way it was in the year 2000. Who or not sell it. You know what the tax economy, which occurs as a result of would think that? My friends back liability will be. You make an eco- the capital formation from repeal of home, with whom I talked, to whom I nomic decision. the death tax, is one of the surest ways kind of came home and bragged about With the death tax, it is totally dif- of creating jobs and maintaining this repealing the estate tax, were very sur- ferent. There are two or three other ex- economic expansion. There were sev- prised when I said: You understand amples in our Tax Code. You didn’t de- eral experts who made that point in when I said repeal it, what it meant cide to die or you didn’t decide for your one way or another. There are studies was it was phased down to the 10th father to die. It happens. It is an unfor- that make the point. year and then on the 11th year it comes tunate circumstance, but it is not or One study talked about a $40 billion back again. They said: How could it be? should not be a taxable circumstance. stimulus to the economy from the re- I had to explain to them the arcane— The Tax Code should tax behavior. It peal of the death tax. Let me refer to I should not say arcane—the rule under should tax action. It should tax deci- some of these in order. which the Senate operated to get this sion. What Alan Greenspan said on this adopted was the reconciliation proce- In other words, when Americans de- issue is instructive. He was asked a dure. That has a 10-year limit to it. cide to do a certain thing that we have question during a hearing at the House That means whatever you do can only said is taxable, we do it knowing what of Representatives: What’s your have an effect of 10 years. That means the tax consequences are. The Tax thought on what we ought to be doing if you reform taxes and repeal a sec- Code should not penalize you for dying. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2893 It should not tax you for the act of repeal the tax that applies to them. about the structure of the estate tax. having died or, to be more precise, it They are not telling you the truth. The In fact, we voted to change it signifi- should not tax your heirs because you truth is, a tax will be due on those es- cantly. I think the estate size thresh- died. You didn’t intend it; they didn’t tates, but it will be a tax due at the old could be even higher. We don’t intend it. But people say you should time the assets are sold. want small businesses to be hurt by still pay a tax or your heirs should pay It is the same rule in the Tax Code people who, upon death, have to lose a a tax on the unrealized gain from the that applies to other situations in family business or lose jobs in commu- assets. which, by fate, in effect, something nities. So what we did in constructing this happened to you and then you got in- There is a lot we need to talk about. estate tax repeal was to say: You are come as a result and you should not But I think this is not the moment right. That unrealized gain will be have to pay income tax on that imme- given what we are discussing. It is per- taxed. To be fair, we are not going to diately. It is the same thing that ap- haps better that we save it for a dif- let anybody off the hook. No asset is plies when something is stolen from ferent point in time. going to be untaxed—even though, by you and you are recompensed for the My amendment, No. 2999, is the pend- the way, in most cases this is the sec- theft. It is the same thing that applies ing business. Is that correct? ond tax. The first tax was the income when you have property condemned The PRESIDING OFFICER. Amend- tax that was paid and then this will be and the State pays you money. ment No. 2999 is the pending question. It wasn’t your choice to have the the second tax on the investment in- AMENDMENT NO. 2999, WITHDRAWN property condemned so you should not come, in effect. But in any event, in Mr. KERRY. Mr. President, I with- have to pay tax on the money at that order to make sure nobody would go draw that amendment. time. untaxed with the unrealized gains, in The PRESIDING OFFICER. The Sen- As a result, there are few provisions effect we have not just repealed the es- ator has that right. The amendment is tate tax, we have substituted for the of the Tax Code that recognize, where there is involuntary behavior that re- withdrawn. estate tax a capital gains tax on those Mr. REID. Mr. President, I have spo- assets, saying that if and when the sulted in gain, or income, that people ought to have the ability to defer the ken to the Senator from Texas. He has heirs ever decide to sell that property, indicated that during the course of the then and only then will they pay the tax on that until they want to sell the asset and at that point in time the cap- debate on this matter he is going to tax. It will not be the estate tax of 55 offer his amendment at a subsequent percent; it will be a capital gains tax ital gains tax is the appropriate tax. I hope my colleagues appreciate when time. I certainly appreciate that. on the gains at the appropriate capital we talk about the repeal of the death It is my understanding that the pend- gains rate, whatever that applicable tax here, what we voted for and what ing business is amendment No. 3008. Is rate may be at that time. was signed into law is not a provision that correct? We did one other thing. Today under The PRESIDING OFFICER. That is the Tax Code the minute you die your that says those assets are never taxed. It is a provision that says they are the regular order. property has a new value attributed to Mr. REID. Mr. President, I call for it. It is not the value at the time you taxed when the assets are sold by the heirs at the capital gains tax rate. the regular order. purchased it but the value now at the I want my colleagues to understand The PRESIDING OFFICER. The Sen- time you die, so the value is much this because I think when we explain to ator has that right. higher. If you were to sell that—let me our constituents back home how we AMENDMENT NO. 3145 TO AMENDMENT NO. 3008 use an example. Let’s say a billionaire voted on this, whether we voted to Mr. REID. Mr. President, I send an in our country today dies and his make this tax cut permanent or not, amendment to the desk. widow inherits all the assets. The very we also need to appreciate that we can The PRESIDING OFFICER. The next day that widow decides to sell demonstrate what we have done is emi- clerk will report. those assets. How much capital gains nently fair; that people shouldn’t have The legislative clerk read as follows: tax does the widow pay? The answer is to pay a tax at the involuntary time of The Senator from Nevada [Mr. REID] pro- none. The reason is that the value of death. That is a most unfair thing to poses an amendment numbered 3145 to the estate is now the value at the day do at the worst time in a family’s life, amendment No. 3008. of death. Technically, if she sold it im- that they should have to pay a tax on Mr. REID. Mr. President, I ask unan- mediately it would be none. There the unrealized gains. But they should imous consent that reading of the might be a little appreciation of a few do that as we do in the other parts of amendment be dispensed with. hours. But the point is, if she sold it the Tax Code when an economic deci- The PRESIDING OFFICER. Without the next day there would be no capital sion is made based upon, among other objection, it is so ordered. gains tax due because the value would things, the tax consequences that per- The amendment is as follows: be increased to the value at the time of tain. the death rather than at the time ac- (Purpose: To require that Federal agencies When we have an opportunity to vote use ethanol-blended gasoline and biodiesel- quired. on this amendment, I hope my col- blended diesel fuel in areas in which eth- What we say is it is going to be a cap- leagues will consider the economic im- anol-blended gasoline and biodiesel-blend- ital gains tax based on the appreciation provement that would result; the fact ed diesel fuel are available) of the original value of the property. If that we will be following what the In lieu of the matter proposed to be added, it had been acquired 10 years earlier President and House of Representatives insert the following: and had a value of $100 and the value at have in effect asked the Senate to do; SEC. 8ll. FEDERAL AGENCY ETHANOL-BLEND- the time of death is $500, A, when the that we will be keeping faith with our ED GASOLINE AND BIODIESEL PUR- CHASING REQUIREMENT. property is sold, it is sold by the law- constituents whom we told we repealed Title III of the Energy Policy Act of 1992 is yers, it is going to have a gain of $400, the tax and who now would want to but again the tax rate is the estate tax amended by striking section 306 (42 U.S.C. know that we did in fact do it perma- 13215) and inserting the following: rate, which is in some cases less than nently; and that it wasn’t just a cha- ‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED half of the estate tax rate and, B, the rade for a 1-year period of time in the GASOLINE AND BIODIESEL PUR- tax is only due if the heirs make an af- year 2001 and then go back to the way CHASING REQUIREMENT. firmative decision to sell the property it was before. ‘‘(a) ETHANOL-BLENDED GASOLINE.—The knowing what the tax consequences If my colleagues can appreciate those head of each Federal agency shall ensure will be. points, I hope they will join us when we that, in areas in which ethanol-blended gaso- That is fair. I certainly do not at- have an opportunity to make this per- line is available at a competitive price, the Federal agency purchases ethanol-blended tribute this to any of my colleagues, manent, and join Senator GRAMM and but there are those on the outside who gasoline containing at least 10 percent eth- me in accomplishing that result. anol (or the highest available percentage of like to demagog this issue. They like The PRESIDING OFFICER. The Sen- ethanol), rather than nonethanol-blended to say this is just a rich man’s tax and ator from Massachusetts. gasoline, for use in vehicles used by the we are going to let all the rich people Mr. KERRY. Mr. President, Members agency. in the world off because we are going to on this side of the aisle have concerns ‘‘(b) BIODIESEL.— S2894 CONGRESSIONAL RECORD — SENATE April 18, 2002 ‘‘(1) DEFINITION OF BIODIESEL.—In this sub- amendment. We are going to offer it did not need it because they had other section, the term ‘biodiesel’ has the meaning again for a vote at a time that is agree- coverage—there was a public outcry, given the term in section 312(f). able to everybody. The only reason I and there was almost a rush to the ‘‘(2) REQUIREMENT.—The head of each Fed- withdrew it is I didn’t want there to be floor by House Members to get up and eral agency shall ensure that the Federal agency purchases, for use in fueling fleet ve- a motion to table it where we wouldn’t say why they really did not vote for hicles used by the Federal agency at the lo- have a full debate on this very impor- what had happened, why they did not cation at which fleet vehicles of the Federal tant amendment. mean to do what had been done. agency are centrally fueled, in areas in This is, of course, the amendment That happens every so often around which biodiesel-blended diesel fuel is avail- that would remove the ethanol man- here. It does not happen often. We are able at a competitive price— date from the energy bill, not removing generally pretty careful, and the slow- ‘‘(A) as of the date that is 5 years after the either of the other parts. It keeps the ness of the legislative process stops it. date of enactment of this paragraph, bio- clean air standards, and it keeps the I say to my colleagues: Beware. If diesel-blended diesel fuel that contains at there were ever an amendment quietly least 2 percent biodiesel, rather than ban on the MTBE, but it does not re- nonbiodiesel-blended diesel fuel; and quire that ethanol be used as an oxy- put in a bill that should have a ‘‘tread ‘‘(B) as of the date that is 10 years after the genate. It does not even require an oxy- cautiously’’ label on it, that should date of enactment of this paragraph, bio- genate as long as the MTBE standard is have perhaps a skull and crossbones on diesel-blended diesel fuel that contains at met. it, this is it. This is not an innocuous least 20 percent biodiesel, rather than Before I begin, I want to say how amendment. This is not an amendment nonbiodiesel-blended diesel fuel. much I respect and admire our major- that simply helps some farmers and ‘‘(c) EXEMPTION FOR MILITARY VEHICLES.— ity leader, TOM DASCHLE. He is just a does no harm to the rest of us. It is a This section does not apply to fuel used in vehicles used for military purposes that the leader par excellence. He is a prin- deep and profound change in terms of Secretary of Defense certifies to the Sec- cipled, compassionate, and extraor- how we use our motor fuel. It will re- retary must be exempt for national security dinary public servant, and a true friend quire dramatic changes in investments reasons.’’. to the people of my State. I consider it throughout the land. It will create con- Mr. REID. Mr. President, for edifi- a privilege to serve under him and to sequences that none of us are sure of cation of the Senators, what the two be his friend. because we are jumping into this pool leaders have suggested we do is early For that reason, believe me, I do not of ethanol, if you will, without having this afternoon move to border security. enjoy opposing a provision in a bill put our toe in first. I fear the con- There is a unanimous consent that has about which I know Senator DASCHLE sequences. been prepared. It is being circulated cares very deeply. I thought long and So today I rise with my fellow Sen- now. We should be able to enter into hard about whether to oppose the ator from New York, Mrs. CLINTON, our that agreement hopefully very soon. amendment and came to the conclusion colleagues from California, and now a In the meantime, I think the Senate that I had no choice, that I was com- small but growing band of Members would be well advised to continue pelled to do so because I sincerely be- throughout the Senate, to oppose the working on the bill that is now before lieve this provision will hurt con- unprecedented new ethanol gas tax us—the energy bill. There are a number sumers dramatically in my State of which was quietly inserted into the of amendments that have been cleared. New York and throughout the country. Senate energy bill a few weeks ago In a moment, the Senator from New So I do rise to my feet in this Cham- without any debate. York will be here to speak on ethanol. ber to speak on amendment No. 3030, My amendment may be adopted, but There are a number of amendments reluctantly, with some sadness, but I do not fool myself. It may not. There dealing with that subject in this legis- nonetheless, bolstered in the belief is a huge group—some of whom I have lation. Until the Senator from New that it is the right thing to do and that often allied with, some of whom I usu- York returns, I suggest the absence of I would be derelict in my responsibil- ally oppose—arrayed against it. But I a quorum. ities as a Senator to the people of my am convinced we will be the better for The PRESIDING OFFICER. The State and to our country if I did not this debate, whatever our view is, be- clerk will call the roll. offer my amendment. I had hoped that cause of the breathtaking change that The legislative clerk proceeded to someone else would have, but they did the ethanol mandate imposes through- call the roll. not, so here I am. out the land. Mr. SCHUMER. Mr. President, I ask I have been in Congress for 22 years. The antioxygenate provisions in the unanimous consent the order for the Every so often there is an amendment bill accomplish two goals that are not quorum call be rescinded. that people vote for that becomes part disputed by my amendment. One is The PRESIDING OFFICER. Without of the law that isn’t paid too much at- banning the use of MTBE. We have objection, it is so ordered. tention to, and then, a year or two found that MTBE has resulted in Mr. SCHUMER. Mr. President, I ask later, it turns out to be a big disaster. ground water pollution all over the for the regular order and call up Our constituents turn to us and ask: country. In my home State, on Long amendment No. 3030. How, the heck did you do that? How Island, where drinking water comes The PRESIDING OFFICER. The Sen- could you have done this? How could from one big single aquifer, MTBE that ator from Nevada. you have created something that has is spilled on the ground is slowly seep- Mr. REID. If the Senator will allow caused so much hardship without even ing into the soil, and it actually per- me to make a suggestion? thinking about it, without debating it, manently pollutes that precious aqui- Mr. SCHUMER. Please. Mr. REID. The Senator should call up without opposing it? fer which close to 3 million people de- I remember the catastrophic illness his amendment, that it be the pending pend upon for their drinking and bath- amendment 10, 12 years ago. I know business. ing and their washing. some of my colleagues disagree about My State, along with many others, AMENDMENT NO. 3030, WITHDRAWN the analogy, but I think it is an apt has banned MTBE and many more Mr. SCHUMER. Mr. President, I call one. We passed that amendment in the States are planning to do it. This bill up amendment No. 3030. The PRESIDING OFFICER. Is there House, when I was in that body, with, does that. We are not changing that. The second is the scrapping of the ox- objection? I believe, minimal debate. I may be Without objection, it is so ordered. mistaken, but I think it was even on a ygenate mandate that led so many Mr. SCHUMER. Mr. President, I two-thirds vote on the consent cal- States to make such heavy use of withdraw this amendment. endar. Everyone thought they were MTBE in the first place. The proposal The PRESIDING OFFICER. The Sen- doing a good thing. in the bill provides an antibacksliding ator has that right. When the bill bit—when people real- provision that says if you don’t use The amendment is withdrawn. ized how much they had to pay for a MTBE, you can’t backslide on clean Mr. SCHUMER. Thank you, Mr. service that they would have liked to air. Some believe those provisions President. have had, but it was not essential to could be stronger, but we are not op- Mr. President, I plan, along with sev- them, when people realized they all posing either of those two parts: the eral of my colleagues, to discuss this paid for it, even though many of them ban on MTBE or the antibacksliding April 18, 2002 CONGRESSIONAL RECORD — SENATE S2895 provisions, the provisions that require would be required to use 2.3 billion gal- Texas 5.7 cents a gallon; Virginia, 7.2 the air to stay as clean as we require it lons of ethanol. Almost immediately, cents a gallon; Wisconsin—I see my now. It is not those provisions we are we are requiring a large amount of eth- friend from Wisconsin here; we have opposing. anol. You know what happens when worked on agricultural issues to- Beyond those two provisions, this you place a huge demand on a product gether—5.5 cents a gallon. new provision added to the energy and you don’t have the supply? Simple Every one of those States pays more bill—again, without any debate—adds economics: The price goes through the than the 4 cents. an astonishing new anticonsumer, roof. If you hear the name of your State antifree market requirement that I am opposed to this substantively. now, your drivers will pay, under the every refiner in the country, regardless But I say to my colleagues who are best of circumstances by these esti- of where they are located, regardless of running in 2004: Beware. Let’s say the mates, an extra 4 cents a gallon: Ala- whether their State mandates it or proponents of the bill are wrong. Let’s bama, Alaska, Arkansas, Colorado, not, regardless of whether the State say I am right and all of a sudden next Florida, Georgia, Hawaii, Idaho, Iowa, chooses a different path to get to clean summer, the summer of 2004, gasoline Kansas, Maine, Michigan, Minnesota, air, regardless of whether the refiners goes up 30, 40, 50 cents a gallon, which Mississippi, Montana, Nebraska, New in that State say that ethanol doesn’t is very possible. What are you going to Mexico, Nevada, North Carolina, North work or works very expensively, it re- say? Dakota, Ohio, Oklahoma, Oregon, quires them to use an ever-increasing I want to help the corn farmers, too. South Carolina, South Dakota, Ten- volume of ethanol. I vote for everything that comes up to nessee, Utah, Vermont, Washington, Here is the kicker—there are a lot of help the middle western and southern West Virginia, and Wyoming. kickers in this provision, the ethanol farmers. But this is not the way to do The annual aggregate impact is $8.3 provision that was quietly added to the it. We can do it a lot more efficiently billion. That is a lot of money. Even in bill. If your State or your region does and with a lot less harm to the driver. the Middle West, where there is a lot of not want to use ethanol, you still have You don’t need a degree in economics ethanol production, where it would be to pay for ethanol. You have to buy to know that if ethanol producers can’t less onerous than in other places, the what is called ethanol credits. It costs meet the demand, there are going to be cost of gasoline goes up 4 or 5 cents a you the same as if you bought the eth- price spikes, big price spikes. That is gallon. That is a lot of money. anol yourself. When have we done that just the beginning. It is going to get I know there are some supporters before? When have we said, even if you worse. We ratchet up the number from here. We have had many good argu- choose not to use a product, an expen- 2.3 billion in 2004, up to 5 billion gal- ments privately and on the floor and sive product, a product that affects lons of ethanol in 2012. Then we in- some are going to say these numbers just about everyone, anyone who owns crease it by a percentage equivalent to are inaccurate. They include the cost a car, any company that drives trucks, the proportion of ethanol in the entire of banning MTBE. The cost of forcing when have we ever said in such a dra- U.S. gas supply after 2012 in perpetuity. the entire country to use 5 billion gal- matic way that you are forced to use We are locking people into one method lons of ethanol will be a mere pittance. something? It is astounding. It would of cleaning the gasoline and the air for- Remember this, my friends: Ethanol be similar to saying to people who ever. That means from 2012 on, the Na- is very hard to transport. It cannot be needed heating in their homes, you tion’s ethanol producers will have a carried through our existing pipeline have to use oil rather than gas, and if guaranteed annual market of over 5 infrastructure because it is so volatile. you choose to use gas for whatever rea- billion gallons, which every consumer It has to be put on a truck, a barge, son, you still have to pay for the oil. in this country will pay for at the and sent down the Mississippi to New That is what we are doing here, no pump. Orleans, usually, and then sent by boat less, except we are doing it with gaso- Here is how much you are all going around the country, and then loaded line, and it sounds sort of complicated, to pay. This is a conservative estimate. back onto a truck and taken to a local ethanol sounds chemical, and all that. They use Department of Energy num- refinery and put into the gasoline. You The effect is very simple. bers, but it is called Hart/IRI Fuels In- can see why it is so expensive. This is a gas tax. In 1993, many of us formation Services. They are a well-es- Then some people say they will build debated whether there ought to be a tablished group. They are not part of ethanol plants closer to the big users, gas tax. Some say the whole Congress the petroleum industry or anybody particularly on the coast and in the changed on the basis of that debate; else. The estimates are conservative South, where this has the greatest ef- that in 1994, the House and Senate because that is without price spikes fect. There is not enough corn and eth- switched parties in part because of that and that is assuming the best of cir- anol production down there. Who is debate. This is, for most States, a larg- cumstances, that everything works going to pay for the cost of all those er gas tax than the one that was pro- smoothly. new ethanol plants? It will be the driv- posed. And, to boot, it doesn’t even go Here is how much each of your States ers of all of our States. Because of its to a useful purpose. The gas tax at will pay. The minimum is 4 cents, 4 volatility, because you cannot create a least built new highways to help the cents a gallon every time you go to the pipeline and pipe it through to the re- driver, and there was a theory about it. pump. But I am going to read all the finery and add it in, because you have This makes you buy ethanol—hardly a States where it is greater than 4 cents to transport it in this particular way, return to motorists the way the gas tax a gallon, how much you would pay. you can see that ethanol is not the was to be. In Arizona, you would pay 7.6 cents a cheapest way to do what we want to do It will affect every employee driving gallon; in California, you would pay an in terms of cleaning our air. to work. It will affect every mom driv- extra 9.6 cents a gallon; in Con- With all due respect, I think the cost ing the kids to school. It will affect necticut—I see my colleague from Con- estimates I am citing are based on every Teamster driving a truck. It will necticut here in the Chamber—it is es- more realistic assumptions than those affect every company that uses auto- timated you would pay an extra 9.7 that went into my opponents’ number. mobiles and cars and trucks. I don’t cents a gallon; District of Columbia, 9.7 We tried to be as careful and conserv- think there are many that don’t. Every cents a gallon; Illinois, 7.3 cents a gal- ative as we could. To forecast how gasoline user in this country will pay. lon; Indiana, 4.9 cents a gallon; Ken- much a 10-year, 5-billion-gallon eth- The mandate is so steep that sure as tucky, 5.4 cents a gallon; Louisiana, 4.2 anol mandate is going to cost con- we are sitting here, it is not just the cents a gallon; Maryland, 9.1 cents a sumers across the country, you have to added cost of the ethanol—which will gallon—that is a lot of money—Massa- look at interplay of a host of complex be great enough; I will talk about that chusetts even more, 9.7 cents a gallon; factors: growth in auto travel, gasoline in a minute—but it is going to cause Missouri, 5.6 cents a gallon; New Hamp- prices, corn prices, ethanol price, and price spikes. Currently, refiners across shire, 8.4 cents a gallon; New Jersey, 9.1 how many new ethanol plants are ex- the Nation use 1.7 billion gallons of cents a gallon; New York, 7.1 cents a pected to come online. That is all inex- ethanol. That is the total amount. gallon; Pennsylvania, 5.5 cents a gal- tricably linked to how high the price of Starting in 2004, 2 years away, they lon; Rhode Island, 9.7 cents a gallon; ethanol is going to go. If the price is S2896 CONGRESSIONAL RECORD — SENATE April 18, 2002 high and manufacturing ethanol be- and simple. I don’t know if they work ‘‘Ethanol Use Shouldn’t Be a Forced Buy.’’ comes profitable, yes, the private sec- better than ethanol or not. But I will Americans don’t like to be forced to do any- tor will build the plants. If it is not, tell you, the people in my State say thing and Nebraskans are no different. Yet they will not. Yet in the numbers I they will. Why mandate that? the Legislature is considering forcing all gas stations throughout the state— have seen circulated by the proponents So the bottom line is, there is no of this issue, they use contradictory sound public policy reason for man- This was a State mandate— figures. They say ethanol prices will be dating the use of ethanol. We live in a to start selling ethanol blends. . . .That just unusually low for the next 10 years. At free market economy. We hardly man- doesn’t seem fair. Our country and our busi- the same time, the private sector is date anything, especially when there is ness system is based on supply and demand. going to build plants all over the coun- a choice. Consumers determine the products they try. Well, the new ethanol gas tax will want and businesses meeting those needs You cannot have it both ways. If the contribute to market volatility and succeed. While many in Nebraska may want price spikes, especially since the indus- ethanol-based fuels, many Americans trav- price is low, you are not going to build eling our highways don’t. new plants. If the price is high, then try is concentrated in the Midwest. It you will. I am willing to concede that is going to increase costs in general. Finally, the Omaha World Herald, in modeling this unprecedented, ineffi- That is the second issue. But you are the year 2000, editorialized: going to create price spikes all over the cient, untested, jerry-built contrap- Now the Nebraska Legislature is consid- tion, a nationwide mandate on every place. When you increase the amount ering eliminating the competition alto- refiner in the United States to pay for that is needed, you know when there is gether. Support is building for a proposed billions and billions of gallons of eth- one big boy, one producer, they are state law to require most general purpose anol whether they use it or not is dif- going to go to town. automotive fuel sold in the state to contain ficult. Archer Daniels Midland, alone, con- ethanol. . . .As a general principle, govern- I know my staff has been working trols 41 percent of the market—a mo- ment should not take sides in such matters nopoly. Certainly, somebody is assert- unless a strong case can be made that inter- with Senator DASCHLE’s staff and a vention serves a major public purpose. In number of technical experts to see if ing huge market control. When they have to build more refineries, who is this instance, the arguments for eliminating we can reach agreement on the num- competition haven’t been persuasive. bers. If we can do so, that would be going to have the best access to capital great. and technology? They are. My guess is Even editorials, as well as voters, in In truth, whether it costs a penny a their market share will actually in- the heartland of America, where there gallon or a dollar a gallon—my guess crease. Who knows, 41 percent is a lot. is much more corn and ethanol is far Well, let me tell you, the mandates is, from the estimates I read, the more likely to succeed, argue against a frighten people even in the Middle State-by-State numbers I read are low, mandate, which is what we are about West. I want to make a point. Two because those are under the best of to impose. States in the heartland of America— market conditions—why are we man- My opponents also argue that this two of the biggest corn-producing dating it? There is no public policy rea- ethanol gas tax is needed to help fam- States in the country considered man- son for the use of ethanol other than ily farms, and I take those arguments dating ethanol—Iowa and Nebraska. the political might of the ethanol very seriously. I know that many of Both of them rejected it. If the people lobby. my colleagues from the Middle West of Iowa, through their legislature, and I say to colleagues from the farm want to help their family farmers who the people of Nebraska withdrew the States, the fact that we are getting rid are struggling. I want to help those legislation—it was not a referendum— of MTBE and keeping the air standards farmers, too, and I have stood by my and rejected this, why now are we in high is going to increase demand for Senate colleagues from Illinois, Iowa, the Senate imposing it on Iowa, Ne- ethanol. I think you are going to do Nebraska, the Dakotas, Montana, Min- braska, and everybody else who is in a better than you have ever done before. nesota, Wisconsin, and I have voted for far worse position? Without casting aspersions on col- Let me read what some of the news- billions and billions of dollars in agri- leagues and individuals, the proposal is papers in those areas said: cultural subsidies to help the farmers kind of greedy. Yes, ethanol is going to in the West and South. That is a deci- An ethanol mandate would deny Iowans a be needed more. But a mandate to the choice of fuels and short circuit the process sion I think I can make in good con- ethanol world? You are going to do of ethanol establishing its own worth in the science. Commodity subsidies, by the well under this. Once MTBE is gone, marketplace. . . . The justification is to way, do very little for New York. your main competitor is gone. marginally boost the price of corn. Cleaner Since I have been in the Senate, I For States such as mine, where the air is offered as a reason, too, but that’s an have supported the Midwestern farm- afterthought. If that were the goal, other refiners believe they can find a better ers. I know how important they are to method that is cheaper, why would you measures would be far more effective. . . . That is the Des Moines Sunday Reg- the economy of those States. I know require us to use ethanol? That is the how important they are as a breeding fundamental weakness. ister, 9–19–1999, headlined ‘‘Let Ethanol Prove Itself.’’ ground for American values. I say to I was having a good discussion with my colleagues, I think a majority in my friend from Iowa, who does a great The Quad City Times from Dav- enport, IA, in an editorial entitled this Senate Chamber—a big majority— job defending farmers and farm States. are willing to help some more. But find He has even tried to help us in an un- ‘‘Ethanol Only Proposal Doesn’t Help Consumers’’: a way that works. Do not do it by im- precedented way in the Northeast. He posing a gas tax on all of our drivers. says: What will replace ethanol if you With research and continued refinements, it might someday become an economically don’t mandate? I speak for my State of New York. viable alternative to gasoline—but until that Our economy is hurting after 9–11. We The first and best argument is to let day, it is ludicrous to argue that Iowa’s gas the market come up with something. If do not need this which particularly af- stations be required to sell only ethanol. . . . fects the east and west coasts worse you mandate it, there is going to be no Ethanol might be worth some level of sup- alternative; you are stuck with it. If it port, but it will never be so valuable as to than other places. is the best in the market, it will pre- justify scrapping our free enterprise system. Guess what. In addition, what pains vail in the marketplace. That is not the New York Times. me is this has not trickled down. Do There are alternatives. Refiners have That is not the Los Angeles Times in you think corn growers of the Middle told me—those away from the Middle California. That is the Quad City West are going to make most of the West—that they will use a combination Times at the border of Iowa and Illi- money? I have heard our farm State of aromatics and alkaloids. Alkaloids nois. folks complain over and over that it is are about as clean as ethanol. Aro- Nebraska, as I mentioned, considered the middleman who gets most of the matics are kind of dirty. Aromatics an ethanol mandate and rejected it. farm dollar. It is the people in the mid- break down so you cannot use all of Here is what the Grand Island Inde- dle who make the money and a few bits them. But a form called Alkaloids are pendent said about a year ago in an trickle down to the family farmer. Yet clean. Alkaloids could be used, plain editorial: that is just what we are doing here. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2897 We are giving Archer Daniels Mid- Hampshire, South Dakota, and Wash- mandate. In New York, we need that land, Williams Energy Company, Min- ington. money. We have a great need for trans- nesota corn processors, and giant cor- A number of other States are also in portation dollars, especially with the porations the real control in the mar- the process of taking action, as well, damage done to our subway system on ket. They are the ones who will make because MTBE pollutes the ground- 9–11. most of the money. When the price water. But everyone in those States Other States such as Virginia that spikes the way electricity spiked in who banned MTBE is going to be in an suffered an attack and had to struggle California, do you think that money impossible dilemma. Their citizens are to accommodate transportation needs will trickle down to your farmers? For- demanding they ban MTBE, but with of its fast growing suburbs need it as get it. Maybe if they own stock in Ar- the oxygenate requirement in place, well. cher Daniels Midland they will do well, they cannot successfully do so. So for consumers throughout the but they will get very little bang for Last year, President Bush’s adminis- country, this is a one-two punch. First, the buck. If the past is any indication, tration denied California’s petition to one pays more at the pump to meet ar- for every nickel that our drivers pay waive the oxygenate requirement, de- bitrary goals that boost the sales of throughout the country, the farmer spite the State’s ability to comply with ethanol but are not necessary to will receive certainly less than a air quality standards without it. They achieve clean air. Second—and this is penny. deny the waivers, even though you can another zinger in this bill; it is loaded This policy does not even do its best get there a better way. This denial with boobytraps consumers will face to help the farmers. Take this $5 bil- forced the State to defer its critical restrictions from suing manufacturers, lion mandate and put it into some kind ban on MTBE and suffer groundwater and oil companies will have less incen- of direct subsidy that goes to small contamination. tive to ensure that the additives they family farmers, main-line it directly to New York State is considering re- manufacture and use are safe. them, and you will get my support. questing a waiver. Although I call on There is a provision that says not That will not make the drivers in my President Bush and Administrator only can States such as California, New State pay. Whitman to look favorably on New York, and so many others—not only do I say to my colleagues from the Mid- York’s waiver request, my guess is if they have to use ethanol, but we are dle West, figure out better ways we can and when New York applies, we will be banning MTBEs and we are prohibiting help our farmers and I will support met with the same denial as that of the anyone from suing companies that may you, but not this one. Governor of the State of California. have polluted their water. My good- Let me read to you from the CRS re- States such as New York, California, ness, how much can they pile on us? port on ethanol. It is on energy secu- States on the coasts, many States in This is no longer an academic discus- rity. They say: the South, even States that are large sion. Three oil companies have been Another frequent argument for the use of urban States in the Middle West, such found liable in California—I am sure ethanol as a motor fuel is that it reduces as Illinois, are between a rock and a my colleague from California, the sen- U.S. reliance on oil imports, making the U.S. hard place. ior Senator, knows about this—of less vulnerable to a fuel embargo of the sort Our citizens’ health and the environ- knowingly polluting the ground water that occurred in the 1970s, which was the ment are being held hostage to the de- around Lake Tahoe with MTBEs. My event that initially stimulated development sire of the ethanol lobby to make ever colleague from California, our junior of the ethanol industry. According to the Ar- larger profits. gonne National Laboratory, with current Senator, Mrs. BOXER, will have a lot technology, the use of E–10 leads to a 3-per- Let us meet the same clean air stand- more to say about that case and what cent reduction in fossil fuel energy per vehi- ards we now have in the way we think these provisions that exempt the refin- cle mile, while use of E–95 could lead to a 44- is best. Let us use reformulated gaso- eries and oil companies from being percent reduction in fossil energy use. How- line. Let us use these outlets which are sued mean. But the case demonstrates ever, our studies contradict the Argonne as clean as ethanol and cheaper if one something truly disturbing. studies suggesting the amount of money is not near corn. If ethanol is better, The petroleum industry opposed eth- needed to produce energy is roughly equal to the marketplace will prevail. anol mandates for years, but now, fac- the amount of energy obtained from its What makes me doubt all the virtues ing a raft of MTBE lawsuits, including combustion— of ethanol, when my colleagues propose the first defeat in California, they have So you have to create as much en- it, is that they mandate. If it is going signed off on this deal in return for a ergy to use it as you would save in to be so cheap and so clean and so really disgraceful liability provision. using it. good, let the market prevail. As I said Mrs. FEINSTEIN. Will the Senator Continuing the quote: before, the ethanol producers and corn yield for a question? which could lead to little or no reductions in growers are going to be in a better po- Mr. SCHUMER. I would be happy to fossil energy use. Thus, if the energy used in sition, even with my amendment, than yield to my friend from California. ethanol production is petroleum-based— otherwise because MTBEs are banned. Mrs. FEINSTEIN. If I understand the Which it is likely to be— The clean air standard stays, and in context of the Senator’s argument, ethanol would do nothing to contribute to many cases ethanol will be the best what he is saying is that New York energy security. way to go. does not need an oxygen requirement, That is CRS, not somebody with an It is an outrage that Congress is tell- that New York can use reformulated ax to grind. ing Americans across the country that gasoline and can meet the clean air Remember, in terms of conserving we refuse to clean up their air and standards by this reformulated gaso- energy, ethanol is basically a wash. water unless they pay off ADM. That is line, and California as well does not The final argument my opponents unconscionable. There is no public pol- need an oxygen requirement; we can will make, I believe—I think this is icy reason on Earth not to allow States meet clean air standards without an somewhat cynical, but it will be made, to ban MTBEs and remove the oxygen- oxygenate requirement and, where we I guess; that has never been a bar to ate requirement and keep clean air do not meet clean air standards—sum- any of us on the floor of the Senate—is standards in place without requiring mer months in Southern California— that if New York and California and them to buy ethanol. can use ethanol and we do not need an other States want to clean up their Ironically, the ethanol mandate, be- around-the-year requirement. water by banning MTBE and maintain cause ethanol is exempt, reduces the So if I understand the Senator cor- clean air, they should have to pay the highway trust fund in State after rectly, his position then is exempt New price of an ethanol gas tax, and that it State. It is going to reduce it in Cali- York, exempt California, from the is political naivete to think otherwise. fornia by $900 million, in New York by strictures of this bill, and exempt us My State has already banned the use $493 million, in Pennsylvania by $446 from an oxygenate requirement. Is that of MTBE, and so have 12 other States, million, in Massachusetts by $183 mil- the position of the Senator? including: Arizona, California, Colo- lion. It can be looked up to see how Mr. SCHUMER. Well, my position is rado, Connecticut, Illinois, Kansas, much less highway money each Sen- we should not have this mandate any- Michigan, Minnesota, Nebraska, New ator’s State will get as a result of this where, but obviously if we were offered S2898 CONGRESSIONAL RECORD — SENATE April 18, 2002 an exemption for New York, and for to the debate. I urge them to look at courteous thing to do, to allow people California, the vehemence against this the substance. I urge them to look at to proceed in that manner. opposition would disappear. We are de- the politics. I urge them to defeat the The ACTING PRESIDENT pro tem- fending the vital interests of our ethanol gas tax, the mandated ethanol pore. Is there objection to allowing the States. I would simply argue with my gas tax, by supporting our amendment. Senator from Wisconsin to speak? friend from California, this is not just I yield the floor. Without objection, it is so ordered. a New York and California problem; The PRESIDING OFFICER. The Sen- (The remarks of Mr. KOHL are printed this is a problem in many States. ator from Wisconsin. in today’s RECORD under ‘‘Morning Mrs. FEINSTEIN. I realize that. I Mr. REID. Will the Senator from Wis- Business.’’) find myself in agreement with the Sen- consin yield for a unanimous consent The ACTING PRESIDENT pro tem- ator. What I have wanted all along is request? pore. The Senator from New Mexico. for California—because we do not have Mr. KOHL. Yes. AMENDMENTS NOS. 3015, AS MODIFIED; 3024, AS an infrastructure in place in the state The PRESIDING OFFICER. The Sen- MODIFIED; 3078, AS MODIFIED; AND 3141, EN BLOC and we know there is going to be a ator from Nevada. Mr. BINGAMAN. Madam President, I price spike—to have the EPA sign off Mr. REID. So Senators understand ask unanimous consent the Senate now on a waiver. what we are trying to do this after- proceed to the consideration en bloc of Mr. SCHUMER. Right. I apologize. noon, we are going to ask unanimous the following amendments: Amend- Mrs. FEINSTEIN. So I want to iden- consent the Senator from Wisconsin ment No. 3015, relating to a National tify myself with where the Senator is proceed for up to 5 minutes as if in Academy of Sciences study on certain going. If these two States were to re- morning business. Following that, the spent nuclear fuel shipments; amend- ceive a waiver from the oxygenate re- Senator from New Mexico, the manager ment No. 3024, relating to nuclear pow- quirement, we would certainly be satis- of this bill, has a significant number of erplant licensing and regulation; fied. amendments that have been cleared, amendment No. 3078, relating to a re- Mr. SCHUMER. I misinterpreted almost 20 amendments that have been view of Federal procurement initia- what my friend from California was cleared. He will have cleared those. tives, and that those amendments be saying, for which I apologize. Cali- Senator MURKOWSKI has been called modified with changes at the desk. fornia applied for a waiver from the ox- away for a funeral this afternoon. He The ACTING PRESIDENT pro tem- ygenate standard and was rejected by will be back in about an hour. pore. Without objection, it is so or- the current administration. No good Senator DAYTON wishes to speak on dered. reason was given. I think, again, this the ethanol provision, following the The amendments will be so modified. was a sop to the ethanol lobby. statement of the Senator from Wis- Mr. BINGAMAN. I further ask unani- New York would like to apply. If we consin and the work done by the man- mous consent that it be in order to also knew these waivers would be granted, ager of the bill. consider amendment No. 3141, relating if we knew that consideration would be Then Senator FEINSTEIN and Senator to fuel cell vehicles, and that all four made on the merits, we would not be MCCONNELL have some business they amendments I have referred to be debating today. But if someone tells want to do. That will also be in morn- agreed to en bloc. us, well, you can get the standard ing business, as I understand it. The ACTING PRESIDENT pro tem- waived, forget it; they are not waiving As I say, when Senator MURKOWSKI pore. Without objection, it is so or- it. The administration is not waiving returns, the two leaders, Senator dered. it. If we were to get a letter from Presi- DASCHLE and Senator LOTT, agree it The amendments (Nos. 3015, 3024, dent Bush saying he will waive States would be appropriate for him to offer 3078, and 3041) were agreed to en bloc, that can find a better way, we are in; an amendment dealing with Iraqi sanc- as follows: but we are not. As I had mentioned ear- tions. We hope after he gets back to AMENDMENT NO. 3015 AS MODIFIED lier, we are between a rock and a hard complete the debate on that within a (Purpose: To require a National Academy of place. relatively short period of time, perhaps Sciences study of procedures for the selec- In conclusion, I ask my colleagues to an hour or less. Then we would go this tion and assessment of certain routes for support the amendment sponsored by evening to border security. Senator the shipment of spent nuclear fuel from re- myself and the senior Senator from KENNEDY and others have been working search nuclear reactors) California, the Senator from New York, on that matter, and we would be in a At the end of title XVII, add the following: Mrs. CLINTON, the Senator from Cali- position in the near future to offer a SEC. 1704. NATIONAL ACADEMY OF SCIENCES fornia, Mrs. BOXER, and some others, to unanimous consent request. That STUDY OF PROCEDURES FOR SELEC- TION AND ASSESSMENT OF CERTAIN strike the ethanol mandate. If we be- should take us into the evening time ROUTES FOR SHIPMENT OF SPENT lieve Congress has an obligation to pro- with several votes during the next sev- NUCLEAR FUEL FROM RESEARCH tect the health of our citizens and envi- eral hours. NUCLEAR REACTORS. ronment, if we believe that maintain- I ask unanimous consent the Senator (a) IN GENERAL.—The Secretary of Trans- ing clean air standards is important from Wisconsin be recognized for up to portation shall enter into an agreement with but also believe there are different 5 minutes. the National Academy of Sciences under Mrs. FEINSTEIN. Reserving the which agreement the National Academy of ways to get there, do not support forc- Sciences shall conduct a study of the proce- ing American consumers to pay for right to object, so that I can advise dures by which the Department of Energy, ethanol. Senator MCCONNELL, my understanding together with the Department of Transpor- If my colleagues believe Congress has of the unanimous consent agreement is tation and the Nuclear Regulatory Commis- the obligation to protect consumers Senator KOHL, Senator DAYTON, and sion, selects routes for the shipment of spent and keep our market economy running then Senator MCCONNELL and I will nuclear fuel from research nuclear reactors as efficiently as possible, then I would have a chance to introduce legislation between or among existing Department of ask them not to mandate ethanol and in morning business. Energy facilities currently licensed to accept such spent nuclear fuel. impose a gas tax. Mr. REID. I say to my friend from (b) ELEMENTS OF STUDY.—In conducting I say to my colleagues who support California, the only unanimous consent the study under subsection (a), the National this amendment, the heart of which is request I requested was Senator KOHL. Academy of Sciences shall analyze the man- in the Middle West, find us a better I was relaying what I hope will happen. ner in which the Department of Energy— way. We do not want to hurt their As soon as Senator BINGAMAN finishes (1) selects potential routes for the ship- farmers. In fact, we want to help them, his business, Senator DAYTON will ment of spent nuclear fuel from research nu- as our record has shown, but not at speak for 15 or 20 minutes, at the most, clear reactors between or among existing De- undoing the entire fuel economy of and then there will be time for you and partment facilities currently licensed to ac- cept such spent nuclear fuel; Senator MCCONNELL to take up your much of the country. (2) selects such a route for a specific ship- I say to my colleagues that as they matter for up to a half hour. ment of such spent nuclear fuel; and listen to this debate, I think it is very That is not in the form of a unani- (3) conducts assessments of the risks asso- hard not to be persuaded that we have mous consent agreement, but I think ciated with shipments of such spent nuclear a good argument. I urge them to listen everyone should recognize that is the fuel along such a route. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2899

(c) CONSIDERATIONS REGARDING ROUTE SE- ‘‘(2) ACTION BY THE ATTORNEY GENERAL.— ic Energy Act of 1954 (42 U.S.C. 2210(b)) shall LECTION.—The analysis under subsection (b) Within a reasonable time (but not more than not be used to satisfy the claim of any cred- shall include a consideration whether, and to 90 days) after receiving notification under itor in any proceeding under this title, until what extent, the procedures analyzed for paragraph (1), the Attorney General shall the indemnification agreement executed in purposes of that subsection take into ac- submit to the Commission and publish in the accordance with section 170c. of that Act (42 count the following: Federal Register a determination whether, U.S.C. 2210(c)) is terminated.’’. (1) The proximity of the routes under con- insofar as the Attorney General is able to de- Subtitle E—NRC Personnel Crisis sideration to major population centers and termine, the proposed license would tend to SEC. 541. ELIMINATION OF PENSION OFFSET. the risks associated with shipments of spent create or maintain a situation inconsistent Section 161 of the Atomic Energy Act of nuclear fuel from research nuclear reactors with the antitrust laws. 1954 (42 U.S.C. 2201) is amended by adding at through densely populated areas. ‘‘(3) INFORMATION.—On the request of the the end the following: (2) Current traffic and accident data with Attorney General, the Commission shall fur- ‘‘y. exempt from the application of sec- respect to the routes under consideration. nish or cause to be furnished such informa- tions 8344 and 8468 of title 5, United States (3) The quality of the roads comprising the tion as the Attorney General determines to Code, an annuitant who was formerly an em- routes under consideration. be appropriate or necessary to enable the At- ployee of the Commission who is hired by the (4) Emergency response capabilities along torney General to make the determination Commission as a consultant, if the Commis- the routes under consideration. under paragraph (2). sion finds that the annuitant has a skill that (5) The proximity of the routes under con- ‘‘(4) APPLICABILITY.—This subsection shall is critical to the performance of the duties of sideration to places or venues (including not apply to such classes or type of licenses the Commission.’’. sports stadiums, convention centers, concert as the Commission, with the approval of the halls and theaters, and other venues) where Attorney General, determines would not sig- SEC. 542. NRC TRAINING PROGRAM. large numbers of people gather. nificantly affect the activities of a licensee (a) IN GENERAL.—In order to maintain the human resource investment and infrastruc- (d) RECOMMENDATIONS.—In conducting the under the antitrust laws.’’. ture of the United States in the nuclear study under subsection (a), the National (b) CONFORMING AMENDMENT.—Section 105c. Academy of Sciences shall also make such of the Atomic Energy Act of 1954 (42 U.S.C. sciences, health physics, and engineering recommendations regarding the matters 2135(c)) is amended by adding at the end the fields, in accordance with the statutory au- studied as the National Academy of Sciences following: thorities of the Commission relating to the civilian nuclear energy program, the Nuclear considers appropriate. ‘‘(9) APPLICABILITY.—This subsection does (e) DEADLINE FOR DISPERSAL OF FUNDS FOR not apply to an application for a license to Regulatory Commission shall carry out a STUDY.—The Secretary shall disperse to the construct or operate a utilization facility training and fellowship program to address National Academy of Sciences the funds for under section 103 or 104b. that is filed on or shortages of individuals with critical safety the cost of the study required by subsection after the date of enactment of subsection skills. (b) AUTHORIZATION OF APPROPRIATIONS.— (a) not later than 30 days after the date of d.’’. (1) IN GENERAL.—There are authorized to be the enactment of this Act. SEC. 532. DECOMMISSIONING. (f) REPORT ON RESULTS OF STUDY.—Not appropriated to carry out this section (a) AUTHORITY OVER FORMER LICENSEES later than six months after the date of the $1,000,000 for each of fiscal years 2003 through FOR DECOMMISSIONING FUNDING.—Section dispersal of funds under subsection (e), the 2006. 161i. of the Atomic Energy Act of 1954 (42 National Academy of Sciences shall submit (2) AVAILABILITY.—Funds made available U.S.C. 2201(i)) is amended— to the appropriate committees of Congress a under paragraph (1) shall remain available (1) by striking ‘‘and (3)’’ and inserting report on the study conducted under sub- until expended. ‘‘(3)’’; and section (a), including the recommendations (2) by inserting before the semicolon at the required by subsection (d). AMENDMENT NO. 3078, AS MODIFIED end the following: ‘‘, and (4) to ensure that (g) APPROPRIATE COMMITTEES OF CONGRESS (Purpose: To require the General Services sufficient funds will be available for the de- DEFINED.—In this section, the term ‘‘appro- Administration to conduct a study regard- priate committees of Congress’’ means— commissioning of any production or utiliza- ing Government procurement policies) (1) the Committees on Commerce, Science, tion facility licensed under section 103 or 104b., including standards and restrictions On page 244, after line 23, add the fol- and Transportation, Energy and Natural Re- lowing: sources, and Environment and Public Works governing the control, maintenance, use, and SEC. 840. REVIEW OF FEDERAL PROCUREMENT of the Senate; and disbursement by any former licensee under this Act that has control over any fund for INITIATIVES RELATING TO USE OF (2) the Committee on Energy and Com- RECYCLED PRODUCTS AND FLEET merce of the House of Representatives. the decommissioning of the facility’’. AND TRANSPORTATION EFFICIENCY. (b) TREATMENT OF NUCLEAR REACTOR FI- Not later than 180 days after the date of AMENDMENT NO. 3024 AS MODIFIED NANCIAL OBLIGATIONS.—Section 523 of title enactment of this Act, the Administrator of (Purpose: To promote the safe and efficient 11, United States Code, is amended by adding General Services shall submit to Congress a supply of energy while maintaining strong at the end the following: report that details efforts by each Federal environmental protections) ‘‘(f) TREATMENT OF NUCLEAR REACTOR FI- agency to implement the procurement poli- NANCIAL OBLIGATIONS.—Notwithstanding any On page 123, aftger line 17, insert the fol- cies specified in Executive order No. 13101 (63 other provision of this title— lowing: Fed. Reg. 49643; relating to governmental use ‘‘(1) any funds or other assets held by a li- Subtitle C—Growth of Nuclear Energy of recycled products) and Executive order censee or former licensee of the Nuclear Reg- No. 13149 (65 Fed. Reg. 24607; relating to Fed- SEC. 521. COMBINED LICENSE PERIODS. ulatory Commission, or by any other person, eral fleet and transportation efficiency). Section 103c. of the Atomic Energy Act of to satisfy the responsibility of the licensee, 1954 (42 U.S.C. 2133(c)) is amended— former licensee, or any other person to com- AMENDMENT NO. 3141 (1) by striking ‘‘c. Each such’’ and insert- ply with a regulation or order of the Nuclear ing the following: Regulatory Commission governing the de- (Purpose: To promote a plan that would en- ‘‘c. LICENSE PERIOD.— contamination and decommissioning of a nu- hance and accelerate the development of ‘‘(1) IN GENERAL.—Each such’’; and clear power reactor licensed under section fuel cell technology to result in the deploy- (2) by adding at the end the following: 103 or 104b. of the Atomic Energy Act of 1954 ment of 2.5 million hydrogen-fueled fuel ‘‘(2) COMBINED LICENSES.—In the case of a (42 U.S.C. 2133, 2134(b)) shall not be used to cell vehicles by 2020) combined construction and operating license satisfy the claim of any creditor in any pro- On page 213, after line 10, insert: issued under section 185(b), the duration of ceeding under this title, other than a claim ‘‘SEC. 824. FUEL CELL VEHICLE PROGRAM: the operating phase of the license period resulting from an activity undertaken to Not later than one year from date of enact- shall not be less than the duration of the op- satisfy that responsibility, until the decon- ment of this section, the Secretary shall de- erating license if application had been made tamination and decommissioning of the nu- velop a program with timetables for devel- for separate construction and operating li- clear power reactor is completed to the satis- oping technologies to enable at least 100,000 censes.’’. faction of the Nuclear Regulatory Commis- hydrogen-fueled fuel cell vehicles to be avail- Subtitle D—NRC Regulatory Reform sion; able for sale in the United States by 2010 and SEC. 531. ANTITRUST REVIEW. ‘‘(2) obligations of licensees, former licens- at least 2.5 million of such vehicles to be (a) IN GENERAL.—Section 105 of the Atomic ees, or any other person to use funds or other available by 2020 and annually thereafter. Energy Act of 1954 (42 U.S.C. 2135) is amended assets to satisfy a responsibility described in The program shall also include timetables by adding at the end the following: paragraph (1) may not be rejected, avoided, for development of technologies to provide 50 ‘‘d. ANTITRUST LAWS.— or discharged in any proceeding under this million gasoline equivalent gallons of hydro- ‘‘(1) NOTIFICATION.—Except as provided in title or in any liquidation, reorganization, gen for sale in fueling stations in the United paragraph (4), when the Commission pro- receivership, or other insolvency proceeding States by 2010 and at least 2.5 billion gaso- poses to issue a license under section 103 or under Federal or State law; and line equivalent gallons by 2020 and annually 104b., the Commission shall notify the Attor- ‘‘(3) private insurance premiums and stand- thereafter. The Secretary shall annually in- ney General of the proposed license and the ard deferred premiums held and maintained clude a review of the progress toward meet- proposed terms and conditions of the license. in accordance with section 170b. of the Atom- ing the vehicle sales of Energy budget.’’ S2900 CONGRESSIONAL RECORD — SENATE April 18, 2002 Mr. BINGAMAN. I move to recon- would create measurable goals and In addition, the Energy Policy Act of sider the vote, and I move to lay that timetables with the aim of putting 1954 requires the NRC to perform anti- motion on the table. 100,000 hydrogen-fueled fuel cell vehi- trust reviews when considering initial The motion to lay on the table was cles on the road by 2010 and 2.5 million licensing. However, these reviews are agreed to. by 2020, along with the needed hydro- currently also performed by the De- AMENDMENT NO. 3141 gen infrastructure. DOE would have to partment of Justice and the Federal Mr. DORGAN. Madam President, I report annually on its progress toward Energy Regulatory Commission. This believe it is in our national interest to achieving these goals. duplication is unnecessary and ineffi- improve the efficiency of our vehicles, The amendment is designed to have cient. My amendment establishes anti- for example, through new vehicles and DOE work with the auto manufactur- trust review authority firmly in the vehicle fuel technologies, so that we ers to ensure that these goals are met. hands of the Justice Department, who can reduce our oil dependence and bet- With this amendment, we are sending a has the experience and background to ter protect the environment. strong message that our goal is to ac- best perform these reviews. Several months ago, I test drove a celerate and enhance the development Under this new provision, the NRC fuel cell vehicle. A fuel cell vehicle pro- of fuel cell vehicle technologies with would have no authority to either re- duces electricity from the reaction of concrete targets and timetables. view the application or impose condi- hydrogen and oxygen. The only by- Most major automakers are racing to tions regarding antitrust matters on product is water. Fuel-cell vehicles are produce prototype fuel cell vehicles. any new or renewed license for com- similar to battery-powered electric DaimlerChrysler has plans to have mercial reactors. The NRC simply cars in that the fuel cell produces elec- fuel-cell cars in production by 2004. would be required to notify the Attor- tricity that powers motors at the California’s clean air act require- ney General when the NRC proposes to wheels. ments also will ensure that many fuel issue a license for a reactor, and if the But while a battery must be re- cell vehicles are on the road in the near Attorney General requests, the NRC charged after all of the fuel inside it future. Specifically, by next year, 2003, would provide general information has reacted, a fuel cell is a ‘‘refillable 2 percent of California’s vehicles have about the facility and the applicants. battery,’’ in the sense that recharging to be zero-emission vehicles and around Thus, the Attorney General would the vehicle only requires refilling the 10 percent of its vehicles must be zero- make a determination as to whether fuel tank. The hydrogen fuel required emission vehicles by 2018. This means the proposed license for the reactor to power it can be stored directly on that California could have nearly 40,000 would create or maintain a situation the vehicle in tanks or extracted from or 50,000 fuel cell cars on the road by inconsistent with antitrust laws. a secondary fuel, like methanol or eth- the end of the next decade. Federal The licensing process and the anti- anol, that carries oxygen. So, a fuel fleet purchase requirements also would trust review are two different matters cell car can get double or triple the help realize the targets established in and should be treated as such. The NRC mileage of cars on the road today. my amendment. would continue with its licensing ac- This new technology would decrease I am pleased that my amendment is tion while the Justice Department emissions, help reduce global climate supported by United Technologies, the makes its determination. In fact, this change, and protect our national secu- Alliance to Save Energy, and Senators determination would not affect the rity by reducing the amount of oil we CANTWELL, BAYH, and REID. NRC’s licensing action in any way. If it would need to import from unstable re- I know there are a number of other is determined that the license would gions. Members that also share my enthu- create or maintain a situation incon- All we need to do is look at the polit- siasm for hydrogen-fueled fuel cell ve- sistent with the antitrust laws, then ical conditions in Venezuela and the hicles, and I look forward to working the Attorney General could take ac- situation in the Middle East, coupled with my colleagues to move this im- tion, but these actions would and with Saddam Hussein’s sanctions portant and promising technology off should be independent of NRC’s licens- against exporting oil to the United the shelves and onto our streets. ing process. States, to realize the precariousness of AMENDMENT NO. 3024 While removing this inefficient dupli- our dependence on these imports. At Mr. VOINOVICH. Madam President, I cative burden on the NRC, my amend- this point, we still have other coun- rise today to propose an amendment to ment also ensures that NRC maintains tries that can meet the global oil mar- the energy bill that will promote the authority of a facility regardless of its ket requirements and we are not in a safe and efficient supply of nuclear en- status. In most cases, where a nuclear crisis, but this could change at any mo- ergy while maintaining strong environ- power reactor licensee sells ownership ment. mental protections. My amendment, of a reactor to a new licensee, the re- Our transportation sector consumes the Nuclear Safety and Promotion Act, sponsibility for funding decommis- the largest amount of energy in our so- supports the growth of nuclear energy, sioning is the new owner’s, and decom- ciety. Passenger vehicles account for 40 provides regulatory reform to the Nu- missioning funds that have been set percent of the oil products the Nation clear Regulatory Commission, and ad- aside in a trust fund are transferred to consumes each year, or nearly 8 mil- dresses the personnel crisis at the NRC. the new licensee as part of the transfer. lion barrels of oil each day. And, in According to the Department of En- However, in license transfers involv- 2001, the United States imported 53 per- ergy, we are going to have to increase ing the Indian Point 3 and Fitzpatrick cent of the Nation’s oil and this is ex- the amount of energy we produce by 30 reactors, the former licensee has re- pected to increase to 60 percent or percent by 2015 in order to meet our de- tained the trust funds. Although the more by 2020, according to the Energy mand. Nuclear power must be a signifi- NRC, in approving the transfer of the Information Administration. So we can cant part of meeting this demand. reactors, imposed conditions aimed at and must change our oil consumption My amendment addresses an unin- ensuring that the former licensee may habits. We can do this by implementing tended consequence of the Energy Pol- only use the decomissioning funds for new technologies that will increase icy Act of 1992 that will help nuclear that purpose, I, as well as the NRC, am fuel efficiency and help create jobs. energy grow in our country. This act concerned about this situation not A Ford Motor Company representa- created a combined construction and being clearly provided for in law. My tive has stated ‘‘the technology . . . operating license of 40 years. However, amendment would provide the explicit has the potential to significantly im- it inadvertently caused the clock on statutory authority to ensure that prove the fuel economy of [vehicles], the 40-year period to begin ticking decomissioning funds are used for that which could reduce U.S. dependence on when the license is issued, not when purpose and that decomissioning is imported oil, reduce greenhouse gas the facility actually begins operating. done in accordance with NRC regu- emissions and save consumers money Since this could result in a difference latory requirements. Furthermore, the at the pump.’’ of several years, this amendment fixes NRC would be able to retain a That is why I am introducing an the quirk in the law by making the decomissioning fund over sellers of nu- amendment directing the Energy De- clock on a license start when a facility clear facilities even though the seller partment to develop a program that begins operating. may no longer be a NRC licensee. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2901 Additionally, a provision of this strategies to close future skill gaps AMENDMENT NO. 3149 amendment would prevent any funds or identified through the agency’s plan- (Purpose: To authorize the Secretary of En- other assets held by a licensee or ning processes. ergy to carry out research in the use of former licensee of the NRC to be used Our Nation needs to be responsible to precious metals in catalysis for the pur- to satisfy the claim of any creditor future generations. We must allow nu- pose of developing improved catalytic con- until the decontamination and clear energy to grow today to meet fu- verters) decomissioning of the nuclear power ture needs. We also must realize that On page 403, after line 12, insert the fol- lowing: reactor is completed. Both of these pro- our resources are scarce and we should ‘‘SEC. 1215. RESEARCH REGARDING PRECIOUS visions ensure that decomissioning not waste them on duplicative and METAL CATALYSIS. funds are used for decomissioning. costly regulatory burdens that place us ‘‘The Secretary of Energy may, for the One of the biggest problems in our into further debt. We also must plan purpose of developing improved industrial country and government is the human for the future by ensuring that nuclear and automotive catalysts, carry out research capital crisis, and the NRC is no dif- plants are cared for properly when they in the use of precious metals (excluding plat- ferent. The NRC currently has six are closed, that we fully utilize the inum, palladium, and rhodium) in catalysis times as many employees older than 60 people who have spent years in this in- directly, through national laboratories, or as it does under age 30, meaning that a through grants to or cooperative agreements dustry, and that have future genera- or contracts with public or nonprofit enti- potential wave of retirements could tions with the necessary critical skills. ties. There are authorized to be appropriated leave the agency without the expertise AMENDMENTS NOS. 3148 THROUGH 3156, EN BLOC to carry out this section such sums as are it needs. Adding to this problem is the Mr. BINGAMAN. Madam President, I necessary for fiscal years 2003 through 2006.’’. fact that former employees cannot con- ask that the Senate now proceed to the sult for the NRC without jeopardizing following amendments that are at the AMENDMENT NO. 3150 their pensions. These are people with desk. There are nine. (Purpose: To provide for a report on energy savings and water use) critical skills that cannot provide their First is an amendment for Senator At the end of title XVII, add the following: expertise without being penalized. CANTWELL relating to the high-power Fortunately, the Office of Personnel SEC. 17 . REPORT ON ENERGY SAVINGS AND density industry program; the second WATER USE. Management has provided the NRC is an amendment for Senator REID re- with a limited-scope, temporary pen- (a) REPORT.—The Secretary of Energy lating to precious metal catalysis re- Shall conduct a study of opportunities to re- sion offset waiver to rehire former em- search; the third is an amendment for duce energy use by cost-effective improve- ployees. My amendment would elimi- myself relating to energy savings asso- ments in the efficiency of municipal water nate this pension offset to help pre- ciated with water use; the fourth is an and waste water treatment and use, includ- ing water pumps, motors, and delivery sys- serve the knowledge base by allowing amendment for Senator SCHUMER relat- tems; purification, conveyance and distribu- individuals with critical skills to be ing to appliance rebates; the fifth is an hired as consultants in future years. tion; upgrading of aging water infrastruc- amendment for Senator LANDRIEU re- ture, and improved methods for leakage Under this amendment, individuals lating to small businesses; the sixth is like the former Deputy Director of the monitoring, measuring and reporting; and an amendment for Senator CORZINE re- public education. Office of Nuclear Regulatory Research, lating to public housing; the seventh is (b) SUBMISSION OF REPORT.—The Secretary who has 44 years of experience in the an amendment for Senator KENNEDY of Energy shall submit a report on the re- nuclear industry and is currently con- relating to schoolbuses; the eighth is sults of the study, including any rec- ommendations for implementation of meas- sulting with the NRC due to the tem- an amendment for Senator LINCOLN re- porary waiver, would be paid for their ures and estimates of costs and resource sav- lating to a decommissioning pilot pro- ings, no later than two years from the date consulting services to the NRC while gram; and the ninth is an amendment still receiving their federal pensions. of enactment of this section.. for Senator MURKOWSKI relating to a (c) AUTHORIZATION.—There is hereby au- The NRC is also facing extreme clean coal technology loan. thorized to be appropriated such sums as shortages of individuals with critical I ask for the immediate consider- may be necessary to carry out the purposes safety skills. The numbers of education ation of these amendments, en bloc. of this section. and training programs in the two basic The ACTING PRESIDENT pro tem- AMENDMENT NO. 3151 disciplines, nuclear engineering and pore. The clerk will report the amend- health physics, are declining. From ments, en bloc. (Purpose: To provide funds to States to es- 1996 to 2001, university programs in nu- tablish and carry out energy efficient ap- The assistant legislative clerk read pliance rebate programs) clear engineering have declined 26 per- as follows: cent, from 50 to 37, and healthy physics At the end of subtitle A of title IX add the The Senator from New Mexico [Mr. BINGA- following: programs have declined 12 percent, MAN] proposes amendments No. 3148 through from 49 to 43. Within the general dis- SEC. 9 . ENERGY EFFICIENT APPLIANCE RE- 3156, en bloc. BATE PROGRAMS. ciplines, the NRC is experiencing short- Mr. BINGAMAN. I ask unanimous (a) DEFINITIONS.—In this section:. ages of people with a variety of critical consent reading of the amendments be (1) ELIGIBLE STATE.—The term ‘‘eligible skills, including: nuclear process engi- dispensed with. state’’ means a State that meets the require- neering, thermal hydraulics, geology, The ACTING PRESIDENT pro tem- ments of subsection (b). structural engineering, and transpor- (2) ENERGY STAR PROGRAM.—The term ‘‘En- pore. Without objection, it is so or- ergy Star program’’ means the program es- tation. The shortages in these fields dered. are a result of NRC’s aging workforce tablished by section 324A of the Energy Pol- The amendments are as follows: icy and Conservation Act. and nuclear industry requirements. AMENDMENT NO. 3148 (3) RESIDENTIAL ENERGY STAR PRODUCT.— Over the next decade, the demand for The term ‘‘residential Energy Star product’’ (Purpose: To improve energy efficiency in in- nuclear engineers is projected to be means a product for a residence that is rated dustries that use high power density facili- for energy efficiency under the Energy Star twice the supply, and for health physi- ties) cists, one and one half times the sup- program. On page 403, after line 12, insert the fol- (4) STATE ENERGY OFFICE.—The term ply. lowing: To help train and recruit the next ‘‘State energy office’’ means the State agen- SEC. 1215. HIGH POWER DENSITY INDUSTRY PRO- cy responsible for developing State energy generation of nuclear regulatory spe- GRAM. conservation plans under section 362 of the cialists, this amendment authorizes The Secretary shall establish a comprehen- Energy Policy and Conservation Act (42 the NRC to fund academic fellowships sive research, development, demonstration U.S.C. 6322). to address shortages of individuals and deployment program to improve energy (5) STATE PROGRAM.—The term ‘‘State pro- with critical safety skills. Instead of efficiency of high power density facilities, gram’’ means a State energy efficient appli- the funding coming from user fees, $1 including data centers, server farms, and cants rebate program described in subsection million would be authorized per year telecommunications facilities. Such program (b)(1). shall consider technologies that provide sig- (b) ELIGIBLE STATES.—A State shall be eli- for 2002–2005. The ability to fund train- nificant improvement in thermal controls, gible to receive an allocation under sub- ing programs in specialized areas at metering, load management, peak load re- section (c) if the State— universities would enable the NRC to duction, or the efficient cooling of elec- (1) establishes (or has established) a State implement more timely and effective tronics. energy efficient appliance rebate program to S2902 CONGRESSIONAL RECORD — SENATE April 18, 2002

provide rebates to residential consumers for AMENDMENT NO. 3153 (A) in the heading, by striking ‘‘MODEL the purchase of residential Energy Star prod- (Purpose: To establish energy efficiency pro- ENERGY CODE’’ and inserting ‘‘THE ucts to replace used appliances of the same visions for public housing agencies, and for INTERNATIONAL ENERGY CONSERVA- type. other purposes) TION CODE’’; and (2) submits an application for the alloca- (B) by striking ‘‘CABO’’ and all that fol- At the end of subtitle D of title IX, add the tion at such time, in such form, and con- lows through ‘‘1989’’ and inserting ‘‘the 2000 following: taining such information as the Secretary International Energy Conservation Code’’. SEC. 937. CAPITAL FUND. may require; and SEC. 940. ENERGY STRATEGY FOR HUD. (3) provides assurances satifactory to the Section 9 of the United States Housing Act (a) IN GENERAL.—The Secretary of Housing Secretary that the State will use the alloca- of 1937 (42 U.S.C. 1437(g), as amended by sec- and Urban Development shall develop and tion to supplement, but not supplant, funds tion 934, is amended— implement an integrated strategy to reduce made available to carry out the State pro- (1) in subsection (d)(I)— utility expenses through cost-effective en- gram. (A) in subparagraph (L), by striking the pe- ergy conservation and efficiency measures, riod at the end and inserting ‘‘; and’’; (c) AMOUNT OF ALLOCATIONS.— design and construction in public and as- (B) by redesignating subparagraph (L) as (1) IN GENERAL.—Subject to paragraph (2), sisted housing. subparagraph (K); and for each fiscal year, the Secretary shall allo- (b) ENERGY MANAGEMENT OFFICE.—The Sec- (C) by adding at the end the following: cate to the State energy office of each eligi- retary of Housing and Urban Development ‘‘(L) integrated utility management and ble State to carry out subsection (d) an shall create an office at the Department of capital planning to maximize energy con- amount equal to the product obtained by Housing and Urban Development for utility servation and efficiency measures.’’; and multiplying the amount made available management, energy efficiency, and con- (2) in subsection (e)(2)(C)— under subsection (e) for the fiscal year by servation, with responsibility for imple- (A) by striking ‘‘The’’ and inserting the the ratio that the population of the State in menting the strategy developed under this following: the most recent calendar year for which data section, including development of a central- ‘‘(i) IN GENERAL.—The’’; and are available bears to the total population of ized database that monitors public housing (B) by adding at the end the following: all eligible States in that calendar year. energy usage, and development of energy re- ‘‘(ii) THIRD PARTY CONTRACTS.—Contracts (2) MINIMUM ALLOCATIONS.—For each fiscal duction goals and incentives for public hous- described in clause (i) may include contracts year, the amounts allocated under this sub- ing agencies. The Secretary shall submit an for equipment conversions to less costly util- section shall be adjusted proportionately so annual report to Congress on the strategy. ity sources, projects with resident paid utili- that no eligible State is allocated a sum that ties, adjustments to frozen base year con- is less than an amount determined by the AMENDMENT NO. 3154 sumption, including systems repaired to Secretary. (Purpose: To provide for cleaner school meet applicable building and safety codes (d) USE OF ALLOCATED FUNDS.—The alloca- buses) and adjustments for occupancy rates in- tion to a State energy office under sub- creased by rehabilitation. On page 183, line 15, strike ‘‘and’’ and all section (c) may be used to pay up to 50 per- ‘‘(iii) TERM OF CONTRACT.—The total term that follows through line 19, and insert the cent of the cost of establishing and carrying of a contract described in clause (i) shall be following: out a State program. for not more than 20 years to allow longer (2) the term ‘‘idling’’ means not turning off (e) ISSUANCE OF REBATES.—Rebates may be payback periods for retrofits, including but an engine while remaining stationary for provided to residential consumers that meet not limited to windows, heating system re- more than approximately 3 minutes; and (3) the term ‘‘ultra-low sulfur diesel school the requirements of the State program. The placements, wall insulation, site-based gen- bus’’ means a school bus powered by diesel amount of a rebate shall be determined by erations, and advanced energy savings tech- fuel which contains sulfur at not more than the State energy office, taking into nologies, including renewable energy genera- 15 parts per million. consideration— tion.’’. (1) the amount of the allocation to the (k) REDUCTION OF SCHOOL BUS IDLING.— SEC. 938. ENERGY-EFFICIENT APPLIANCES. State energy office under subsection (c); Each local educational agency (as defined in A public housing agency shall purchase en- (2) the amount of any Federal or State tax section 9101 of the Elementary and Sec- ergy-efficient appliances that are Energy incentive available for the purchase of the ondary Education Act of 1965 (20 U.S.C. 7801)) Star products as defined in section 552 of the residential Energy Star product; and that receives Federal funds under the Ele- National Energy Policy and Conservation (3) the difference between the cost of the mentary and Secondary Education Act of Act (as amended by this Act) when the pur- residential Energy Star product and the cost 1965 (20 U.S.C. 6301 et seq.) is encouraged to chase of energy-efficient appliances is cost- of an appliance that is not a residential En- develop a policy to reduce the incidence of effective to the public housing agency. ergy Star product, but is of the same type as, school buses idling at schools when picking and is the nearest capacity, performance, SEC. 939. ENERGY EFFICIENCY STANDARDS. up and unloading students. and other relevant characteristics (as deter- Section 109 of the Cranston-Gonzalez Na- mined by the State energy office) to the resi- tional Affordable Housing Act (42 U.S.C. AMENDMENT NO. 3155 dential Energy Star product. 12709) is amended— (Purpose: To direct the Secretary of Energy (f) AUTHORIZATION OF APPROPRIATIONS.— (1) in subsection (a)— to establish a decommissioning pilot pro- There are authorized to be appropriated to (A) in paragraph (1)— gram to decommission and decontaminate carry out this section such sums as are nec- (i) by striking ‘‘the date of the enactment the sodium-cooled fast breeder experi- essary for fiscal year 2003 through fiscal year of the Energy Policy Act of 1992’’ and insert- mental test-site reactor located in north- 2012. ing ‘‘September 30, 2002’’; west Arkansas) (ii) in subparagraph (A), by striking ‘‘and’’ On page 123, after line 17, insert the fol- at the end; AMENDMENT NO. 3152 lowing: (iii) in subparagraph (B), by striking the SEC. 514. DECOMMISSIONING PILOT PROGRAM. (Purpose: To assist small businesses to period at the end and inserting a semi-colon; (a) PILOT PROGRAM.—The Secretary of En- become more energy efficient) and ergy shall establish a decommissioning pilot On page 301, line 22, strike ‘‘organiza- (iv) by adding at the end the following: program to decommission and decontami- tions.’.’’ and insert the following: ‘‘organiza- ‘‘(C) rehabilitation and new construction of nate the sodium-cooled fast breeder experi- tions. public and assisted housing funded by HOPE mental test-site reactor located in northwest ‘‘(d) SMALL BUSINESS EDUCATION AND AS- VI revitalization grants, established under Arkansas in accordance with the decommis- SISTANCE.—The Administrator of the Small section 24 of the United States Housing Act sioning activities contained in the August 31, Business Administration, in consultation of 1937 (42 U.S.C. 1437v), where such standards 1998 Department of Energy report on the re- with the Secretary of Energy and the Admin- are determined to be cost effective by the actor. istrator of the Environmental Protection Secretary of Housing and Urban Develop- (b) AUTHORIZATION OF APPROPRIATIONS.— Agency, shall develop and coordinate a gov- ment; and There is authorized to be appropriated to ernment-wide program, building on the ex- (B) in paragraph (2) by striking ‘‘Council of carry out this section $16,000,000. isting Energy Star for Small Business Pro- American’’ and all that follows through gram, to assist small business to become ‘‘life-cycle cost basis’’ and inserting ‘‘2000 AMENDMENT NO. 3156 more energy efficient, understand the cost International Energy Conservation Code’’; savings obtainable through efficiencies, and (2) in subsection (b)— (Purpose: To provide for certain clean coal identify financing options for energy effi- (A) by striking ‘‘the date of the enactment funding) ciency upgrades. The Secretary and the Ad- of the Energy Policy Act of 1992’’ and insert- On page 443, after line 8, insert the fol- ministrator shall make the program infor- ing ‘‘September 30, 2002’’; and lowing: mation available directly to small businesses (B) by striking ‘‘CABO’’ and all that fol- SEC. 1237. CLEAN COAL TECHNOLOGY LOAN. and through other federal agencies, includ- lows through ‘‘1989’’ and inserting ‘‘the 2000 There is authorized to be appropriated not ing the Federal Emergency Management International Energy Conservation Code’’; to exceed $125,000,000 to the Secretary of En- Agency, and the Department of Agri- and ergy to provide a loan to the owner of the ex- culture.’.’’. (3) in subsection (c)— perimental plant constructed under United April 18, 2002 CONGRESSIONAL RECORD — SENATE S2903 States Department of Energy cooperative innovations. As Senator KERRY ex- ness Administration. This amendment agreement number DE–FC22–91PC99544 on pressed in his remarks yesterday, Fed- directs the Administration to develop such terms and conditions as the Secretary eral agencies, the Small Business Ad- and coordinate a government-wide pro- determines, including interest rates and up- ministration in particular, have the re- gram that educates small firms about front payments. sources, contacts and personnel nec- the cost-benefits and business advan- The ACTING PRESIDENT pro tem- essary to give a real helping hand to tages of energy efficiency. pore. The question is on agreeing to small businesses in these situations. I was astounded to learn last year, the amendments en bloc. The SBA, for instance, deals with during a hearing I held on the business The amendments (Nos. 3140 through thousands of small businesses across of environmental technologies, that 3156) were agreed to. the country on a regular basis, serving SBA is not actively working with DoE Mr. BINGAMAN. I move to recon- as a clearinghouse for information, a and the EPA to advertise their joint sider the vote, and I move to lay that counselor, and a guarantor of loans for program for promoting energy effi- motion on the table. these businesses. It would be quite sim- ciency of small business. This is par- The motion to lay on the table was ple for the SBA to expand its role to ticularly hard to understand given that agreed to. provide assistance in the area of energy there is so much work to be done. AMENDMENT NO. 3152 efficiency. The Environmental Protec- There are an estimated 25 million Ms. LANDRIEU. Mr. President, last tion Agency, the Department of En- small businesses in this country, and week I joined with Senator KERRY in ergy, the Federal Emergency Manage- they account for more than half of all offering an amendment dealing with ment Agency, and the Department of the commercial energy used in North small business energy efficiency. That Agriculture also have roles to play in America. However, according to Paul particular amendment dealt with the these efforts. Stolpman, who testified on behalf of Energy Star Program, which is an im- Let me share a success story from a the EPA, only 3,000 small businesses portant program in helping small busi- small business in my own State of Lou- have partnered with EPA in commit- nesses become more energy efficient. isiana. There is a law firm in Baton ting to improve their energy perform- The amendment I offer today, which Rouge, Jerry F. Pepper, APLC. The ance. was developed with the help of Sen- firm recently remodeled its offices to I am not criticizing the EPA or the ators KERRY, ENSIGN, CANTWELL, make them more energy efficient. Department of Energy; they have a LIEBERMAN, and CARNAHAN, com- Thermostats, air filters, and lights good initiative, and I support their ef- plements that language. were all replaced with newer, more effi- forts. I am simply pointing out that First I would like to take a moment cient models. there are millions of small businesses to thank Senators BINGAMAN and MUR- The firm believes that, in addition to left to reach, millions of opportunities KOWSKI and their staffs for helping us a savings of $6,100 annually—let me re- to reduce energy consumption in this to address this issue given relatively peat that amount, $6,100 per year—the country. It is basic common sense that short notice. Despite the fact that they upgrades will improve employee mo- SBA could help significantly in that ef- have been very busy with many other rale and productivity, reduce indoor fort. After all the financial hardships aspects of this bill, they took the time pollution, and improve safety. Addi- small businesses suffered over the last to help us work out some language tionally, the upgrade for this firm—for couple of years because of price spikes that everyone could accept. I would one law firm in Baton Rouge—is esti- and unreliability, energy isn’t even a also like to echo Senator KERRY’s re- mated to reduce over 100,000 pounds of prominent issue on SBA’s website. marks last week thanking Byron carbon dioxide annually. To illustrate the power of education Kennard at the Center for Small Busi- I want my colleagues to imagine for and the need to coordinate outreach ef- ness and the Environment and Carol a moment that every small business in forts through the SBA, I would like to Werner at the Environmental and En- America upgraded its energy efficiency share a story about one of the small ergy Study Institute for their role in with similar results. The savings in en- businesses in my home State of Massa- bringing this important issue to the ergy, pollution, and money would be chusetts that benefitted greatly from forefront. incredible. But these businesses cannot making energy modifications. Carl Simply put, this amendment address- do it on their own. Their profit mar- Faulkner is the owner of the Williams es the need for Federal agencies to help gins are too tight; their resources are Inn in Williamstown. Years ago, he was small businesses become more energy too limited. But Federal agencies like approached by his energy company to efficient. I just want to take a minute the SBA have the resources and know- receive a free energy audit and rebates to explain why I believe this language how to assist these businesses in these to off-set the cost of upgrading his is necessary. Small businesses are efforts. lighting systems. It seemed like a good often the hardest hit by energy That is why I am proud to join other idea, so he went ahead and took them unreliability and big price hikes. Many members of the Small Business Com- up on their offer. After all was said and operate on slim profit margins, so the mittee to offer this important language done, between the rebates and his new threat of big increases in electric bills to help our Nation’s small businesses energy savings, he recovered his ex- can force small businesses to lay off become more energy efficient. penses in just 1 month. But that is not workers or even to close their doors. Mr. KERRY. Mr. President, as chair- the end of the story. The results of Restaurants, for example, are highly man of the Committee on Small Busi- those simple changes were so positive energy intensive and they tend to use ness and Entrepreneurship, I am that he was inspired to learn even more energy inefficiently. As my colleagues pleased to join my colleague, Senator about energy savings and to inves- know, restaurants were some of the LANDRIEU, in introducing an amend- tigate where else his business was los- hardest-hit businesses following the ment regarding the need to assist more ing money on unnecessary energy slump in tourism after the September small businesses become energy effi- usage. Since then he has put on special 11 attacks. Restaurants are also unique cient. roofing, replaced air conditioner units, because they also operate on narrow This legislation reinforces a small put insulation around pipes, and in- margins of profit, so money saved on business amendment that Senator stalled meters to determine when and energy bills can easily equal a big LANDRIEU and I put forth last week re- where his business uses the most en- boost in revenue. According to EPA, garding the Energy Star Program. It ergy. With this information, Mr. saving 20 percent on energy operating was successfully adopted as part of the Faulkner can bring down usage, saving costs—something that’s easily achiev- Energy Policy Act of 2002, and I thank even more energy and money. able—can increase a restaurant’s profit Senators BINGAMAN and MURKOWSKI for These simple changes have yielded as much as one-third. that. vast results. In January and February, Small firms, however, often lack ac- There is an obvious missing player in he saved more than $10,000. Mr. Faulk- cess to capital and the know-how to our efforts to increase the number of ner now considers energy efficiency a purchase and install new energy effi- small businesses that are using or de- never-ending process. He says if it cient products, and to fund the re- veloping products and processes that weren’t for outreach, he never would search and development stage of such save energy, and it is the Small Busi- have made these important changes to S2904 CONGRESSIONAL RECORD — SENATE April 18, 2002 his business. He changed his business ciency in public housing, which cleared also decrease utility costs for low-in- from one that was consuming energy at the Senate Floor earlier today. I would come residents, who often pay a por- an unmonitored level to one that has also like to thank my colleagues on the tion of their utility expenses. an energy management system that al- Banking Committee, Chairman SAR- At a time of skyrocketing utility lows him to identify other savings. BANES and Ranking Member GRAMM for costs and decreased public housing In addition to increasing energy effi- their assistance in passing this amend- funds, my amendment offers common- ciency of small businesses in order to ment. sense solutions that will reduce public reduce consumption, to reduce pollu- My amendment will help reduce our housing’s reliance on fossil fuels and tion, and to reduce reliance on foreign Nation’s energy consumption and re- free up resources to improve housing oil, there is a need for Federal agencies duce long-term energy costs in public for low-income families. to increase their work with small busi- housing. The amendment accomplishes AMENDMENTS NOS. 3028 AND 3070, WITHDRAWN ness to research and develop new tech- this by giving the Department of Hous- Mr. BINGAMAN. Finally, I ask unan- nologies and processes that are more ing and Urban Development, HUD, and imous consent amendment No. 3028 and energy efficient. In 1999, the SBA inves- the public housing authorities, PHAs, amendment No. 3070 be withdrawn. tigated the role of small business in it oversees the tools they need to in- The ACTING PRESIDENT pro tem- technological innovation and found crease energy efficiency in public hous- pore. Without objection, it is so or- that when a market demands progress, ing developments. dered. change, and evolution, small firms play HUD and public housing authorities Mr. BINGAMAN. Madam President, I a key role. Just looking back to 1997, oversee approximately 1.3 million units yield the floor. there were more than 33,000 small firms of residential low-income public hous- The ACTING PRESIDENT pro tem- operating in the environmental indus- ing across the country. The Federal pore. The Senator from Minnesota. try, with combined revenues of $52 bil- Government spends approximately $1.4 Mr. DAYTON. Madam President, like lion. That is billion. In Massachusetts billion each year just to cool, heat, most of my colleagues, I have lived alone, environmental technology busi- light, and supply water to these units. through a number of the energy crises nesses employ more than 30,000. No Utility costs make up anywhere from which have afflicted our country. I was matter how you cut it, revenues, jobs, 25 to 40 percent of a typical housing living and working on the East Coast pollution reduction, energy supply, na- authority’s operating budget. during the first oil crisis in 1973 and tional security, there is a very good Despite the large amount of Federal 1974. People lined up at gas stations, reason to encourage the innovation of dollars spent on energy usage in public starting at 3 or 4 in the morning to efficient technology. And the Federal housing, there are virtually no re- purchase a few gallons before the day’s Government needs to make a serious sources to help public housing authori- scarce supplies ran out. effort to use small businesses to do ties manage their utility expenditures. In January 1977, during one of the that research and development as Furthermore, there are few incentives coldest winters ever recorded in Min- much as possible. At the very least, I for them to utilize energy efficient nesota, I serve as the Energy Policy would like to see a focus on these top- technologies. Adviser to our State’s Governor, when ics through the small business research My amendment addresses these he declared Minnesota’s first official and development projects through the issues, first, by establishing an Office energy emergency. Small Business Innovation Research of Energy Management at HUD. This From 1983 to 1987, I served as com- and Small Business Technology Trans- office will coordinate energy manage- missioner of the Minnesota Depart- fer initiatives. We have got the finest ment activities throughout the public ment of Energy and Economic Develop- research universities in the world and housing system so that energy manage- ment, where I was constantly moni- certainly the most dynamic small busi- ment is less fragmented and technical toring the State’s energy supplies. I ness sector. I want a coordinated and expertise is made available to all pub- will never forget one Christmas Eve, heightened effort to use these re- lic housing authorities. which I spent trying to locate a refin- sources for national energy policy. The amendment will also improve fi- ery that would reopen and provide des- As I said yesterday when we were de- nancial incentives available to public perately needed home heating oil to bating the proposal to drill in the Arc- housing authorities to implement en- people in northern Minnesota who had tic National Wildlife Refuge, we cannot ergy saving strategies, such as window run out of their own supplies. drill our way out of our energy prob- replacements, heating system retrofits, From these experiences, I have be- lem. We must innovate our way out of and other efficiency and renewable come a hard-headed realist and a prag- our energy problem. Not just innova- measures. The amendment also encour- matist about energy policy. I am well tion in more fuel efficient cars, but ages public housing authorities to pur- aware of the fragility of our country’s also appliances. If the Bush adminis- chase Energy Star appliances and energy supplies, pipelines, trans- tration would fully implement effi- equipment when replacing outdated mission lines, and refineries, where ciency standards for appliances that building systems and equipment. even a small disruption can trigger were issued in 1997 and last year, the Finally, my amendment requires major dislocations which quickly cre- Department of Energy estimates the that all new public housing construc- ate a crisis. In a cold-weather State total savings to business and con- tion meet current energy codes where like Minnesota, the consequences of a sumers to be $27 billion by 2030. Why? cost effective. Most States have not disruption in energy supplies can be Simply because of less energy use and adopted the most recent codes and, in very serious and even fatal. generally less demand when using more some cases, do not require adherence to I have viewed ‘‘renewable’’ or ‘‘alter- efficient appliances. We can go further any code. Meeting these updated codes native’’ forms of energy with hope but with more innovation. And we need to will save public housing authorities as also reservations. While sometimes use Federal agencies to increase the much as 15 percent in annual energy viable on a small scale, most of them interplay between small businesses, in- costs. are not capable of supplying the large- novation, and the Nation’s environ- The bottom line is that this legisla- scale energy needs of our vast and com- mental and energy goals. tion would expand the resources avail- plex society and our economy. That is I thank Senator LANDRIEU for offer- able to provide low-income housing why the percentage of U.S. energy con- ing this amendment. And again I thank without increasing Federal spending. sumption from renewable sources has Senators BINGAMAN and MURKOWSKI, HUD has conservatively estimated that remained essentially the same for the and their staffs, for their help in pass- improved energy management proc- last 40 years. In 1960, renewable pro- ing this small business amendment. esses throughout all of its public hous- vided 6.6 percent; and in the year 2000, AMENDMENT NO. 3153 ing programs could save about $200 mil- renewable energy provided 6.9 percent Mr. CORZINE. Mr. President, I would lion annually. These savings could be of our country’s total energy consump- like to thank my colleagues Senators used to build more affordable housing tion. Why, despite their promise, de- BINGAMAN and MURKOWSKI for their and improve the quality of life of pub- spite the encouragement and the finan- support of and efforts to pass my lic housing residents. Improving energy cial assistance they have received, has amendment to improve energy effi- efficiency in public housing units will the usage of renewable energy sources April 18, 2002 CONGRESSIONAL RECORD — SENATE S2905 in this country not increased in 40 vehicles greater distances than even How do I know this? I know it be- years? before. And more of their vehicles are cause 5 years ago, the Minnesota Legis- It is because none of them can com- less fuel efficient. In fact, last year the lature passed a law which mandated pete in price, supply, or public accept- total fleet fuel efficiency in this coun- that every gallon of gasoline sold in ance with the traditional energy try dropped below that in 1980. our state be comprised of at least 10 sources of oil, natural gas, coal, and What are we doing about it? Nothing. percent ethanol. It was very controver- nuclear energy. As long as sufficient Government-mandated fuel efficiency sial then, and opponents used the same supplies of these fuels remain reliably standards have not changed since 1985, scare tactics we have witnessed in this available at current, stable prices, they and an amendment to increase them in debate: Prices would increase; supplies will be preferred over the alternatives. this bill was defeated by a two-thirds would be inadequate and unreliable; en- They cost less per BTU; they can be majority. Then light trucks were re- gines would be damaged; lives would be supplied in the quantities necessary for moved entirely from future mileage disrupted. Today, in Minnesota, it is a our large and diverse economy; and standards review. Light trucks and total non-issue. Most people have for- their production, transportation, and SUVs, are the fastest growing seg- gotten it is even in every gallon of gas distribution systems are all well estab- ments of the U.S. market, and they are they buy. Last week, the price of a gal- lished. among the least fuel efficient vehicles. lon of regular, unleaded gasoline in Some people advocate a significant Thus, our Nation’s de facto energy Minnesota was 20 cents less than in increase in Federal or State gasoline policy has been for many years and California, a penny more than in New taxes, to reduce fuel consumption to continues to be to maintain the status York, two cents less than in Wisconsin, encourage the purchase of more fuel-ef- quo. Despite all the warnings and dire and almost a nickel less than in Illi- predictions, despite the occasional, but ficient vehicles, and to increase the amount of money going into the High- nois. so far short-lived crises, the status quo We have heard of a study, referred to way Trust Fund. How many Members has been the right short-term policy here, which is misunderstood and has of Congress who voted for a 10 cent per during the last 30 years. However, the been presented as predicting that this gallon, of 20 or 30 cent per gallon tax question before us now is: Will these legislation would cause a 4-cent to 9- increase, would survive their next elec- primary fuels continue to be as less ex- cent increase in the cost of a gallon of tion? pensive, as available, and as reliable So, barring a severe jolt to the world gasoline. That study by the Energy In- during the next 10 years, 20 years, or 30 market, barring a large and lasting formation Administration, isolating years? If there is sufficient doubt, are jump in gasoline prices, everything the effect of ethanol, the ethanol man- we willing to design and implement a points toward increased gasoline con- date in the legislation, actually found transition willing to design and imple- sumption, which means increased oil the price of a gallon of gasoline would ment a transition over the next 10 or 20 consumption above the 25 percent of all go up by less than 1 cent. years to include a viable alternative? the world’s oil supply production that But let us set aside the study and That is what a national energy policy we now consume. conflicting opinions about what that should do. Everything points in that direction study says because that is projecting From my personal and professional except for ethanol and other biofuels. into the future. I am talking about cur- experience, I know that the so-called Ethanol is now made mostly from corn, rent reality. What I am talking about ‘‘bio-fuels’’ or ‘‘renewable fuels,’’ such although other commodities such as is the price of 10 percent blended eth- as ethanol, soy-diesel, and other fuels sugar beets, sugar cane, wheat, and anol in today’s gasoline in Minnesota derived from agricultural commodities even wood chips have been converted compared to other parts of the coun- could be used in this country today to into ethanol. Ethanol has been around try. Again, that is just 10 percent eth- replace 10 percent, 20 percent, or soon for many years. Many Minnesota farm- anol blended with 90 percent gasoline. 50 percent or more of the gasoline used ers have distilled some of their grains, I lease a Chrysler Town & Country, on our Nation’s roads and highways. drank the best of it, and refined the which has the ‘‘flexible fuel’’ modifica- Presently, the United States con- rest into ethanol, which they put in tion to the regular engine, and it trav- sumers 25 percent of the world’s entire their trucks, tractors, and even cars. els throughout most of Minnesota on oil production. About 44 percent of it is With a few adjustments to the carbu- E85 fuel. E85 is a blend of 85 percent produced domestically, and 56 percent retors, they worked just fine. Until re- ethanol and 15 percent gasoline. It has is imported from other countries. cently, however, ethanol could not be now been driven over 20,000 miles, in all Although the United States is cur- used in most conventional American kinds of weather, through all four sea- rently the second largest producer of engines, because it burned too cleanly sons, and we have had no trouble with oil, our domestic production, either and acted as a solvent which dislodged it whatsoever. with or without ANWR, will not be the grime attached to the walls of en- The price of a gallon of E85 in Min- able to supply even half the amount we gines. nesota last week was $1.24, 21 cents less consume. Since most of our remaining Finally, the combustion process in than a gallon of regular unleaded in oil supplies are more costly to extract, modern engines improved so that eth- Minnesota—forty-two cents less than a it will be less expensive for us to buy anol could be blended with gasoline. gallon of regular unleaded gasoline in more of our oil from other countries. That is how it has been used, and that California; 20 cents less than in New That equation means we will continue is how it is viewed in the debates this York; and 26 cents less than in Illinois. to become more dependent upon im- week and last week—as an additive to That price differential is not as good ported oil. The only way to reduce sig- gasoline. as it seems. First, a gallon of ethanol nificantly the amount of foreign oil we In fact, ethanol’s potential goes far contains fewer BTUs than a gallon of need is to reduce the amount of oil we beyond that. It is not just an additive gasoline. Second, ethanol benefits from consume. to gasoline; it is an alternative to gaso- a federal subsidy. As I said earlier, no Seventy percent of the oil we produce line. An alternative which today could alternative fuel is less expensive per or import is used in our transportation be substituted for 20 percent of all the equivalent BTU as our traditional en- and most of that goes into our cars, gasoline consumed in the United ergy supplies. But ethanol is already SUVs, trucks, and other motor vehi- States, and with the near-term poten- close. And at higher levels of produc- cles. In fact, about 1 of every 7 barrels tial to substitute for over 50 percent of tion, the price will go down. As car and of oil produced in the entire world goes the oil-based gasoline used in this truck manufacturers better adapt their into an American gas tank. So, if we country. Imagine reducing the motor engine to ethanol, fuel efficiency will are ever going to reduce the amount of consumption of gasoline in this coun- improve. And, trust me, we have plenty oil we consume, motor fuel consump- try by more than half, with no change of corn, beets, and sugar cane, and tion is the place to start. in the types of cars, SUV’s, and light other agricultural commodities suit- Unfortunately, as I said earlier, we trucks on the road. It would require able for ethanol conversion all across are going in the other direction. As a only slight engine modifications which this country. Nation, we are using more gasoline, have been made to 2 million vehicles However, for ethanol production and not less. More people are driving more already sold in the United States. consumption to increase enough to S2906 CONGRESSIONAL RECORD — SENATE April 18, 2002 cause a significant reduction in the Someone who owns only one stock Mr. NELSON of Florida. Mr. Presi- amount of gasoline consumed in this incurs a short-term cost diversifica- dent, may I be recognized as in morn- country, it needs what Minnesota pro- tion. But someone who is betting their ing business? vided—a mandate; a mandate such as entire future on that one stock is a The PRESIDING OFFICER. Without this bill contains; a gradual, graduated, foolish person to do so. For the United objection, it is so ordered. The Senator achievable increase over a decade. With States to bet our country’s entire en- from Florida. that mandate, ethanol providers and ergy future on uninterrupted consump- f would-be providers will know there is a tion of our ever more traditional en- DRILLING IN ANWR reliable and growing market nation- ergy sources is to make a very unwise wide for ethanol. bet. Mr. NELSON of Florida. Mr. Presi- Opponents have made much of the We can afford the small incremental dent, I congratulate the Senate for the fact that one company—Archer Daniels costs of transition if they lead to really tremendous vote we had today on basi- Midland—produces 41 percent of this substantial alternatives. That is what cally dispensing with the attempt to country’s ethanol. What they don’t tell ethanol and biodiesel would do—re- amend the bill of the Senator from New you is that 25 years ago ADM produced place 20 percent of today’s diesel fuel Mexico to drill in the Arctic National almost 100 percent of this country’s over this entire country. Wildlife Refuge. The vote ended up ethanol. ADM’s market share has gone I am a Senator from a corn- and soy- being a lot stronger than a lot of peo- down every year for the last 25 years, bean-producing State. Is ethanol pro- ple expected. For us just to talk about and it will continue to go down as more duction an economic boon to many the sensitive environment and the companies, and farm Coops, make it Minnesota farmers? Yes; it is. I hope it drilling is certainly a very important possible and profitable to produce eth- will continue to raise market prices for component of the question. But the anol. For unlike gasoline, ethanol’s these agricultural commodities, which question is so much more comprehen- raw products are available all over this will reduce the need for and the sive. It is a question of when is Amer- country. They can be grown in most amount of taxpayer subsidies. How- ica going to be energy reliant, and are parts of this country. Where there are ever, I would not stand on the floor of we going to ween ourselves from our large markets, like California or New dependence on foreign oil, and how are the Senate today and advocate ethanol York, refineries will locate there. Just we going to produce that energy? as an alternative fuel for the entire as California, as it population grew, de- As the chairman of the Energy Com- country if I did not believe—if I were clined to depend on milk and cheese mittee has reminded us many times, not certain—that it would be good for from Minnesota and Wisconsin, and de- the biggest part of our energy con- the entire country. sumption is in the transportation sec- veloped its own instate industry which It will take the decade which this bill tor. And if we don’t ever address the supplies, actually oversupplies, its uses to increase ethanol production to enormous consumption of energy in the State’s entire need. an amount where it can be used as a If ethanol must be transported by cars that we drive, then we will remain consistent 10 percent blend nationwide. truck, or tanker, or rail from one part dependent on all that foreign oil. There That is what Minnesota uses today. of this country to another, it is far is an easy way to do that, and that is That would be 10 percent less oil-based shorter and thus less expensive than to use this beneficence of American in- gasoline. And that is twice as much oil importing oil, gasoline, and MTBE genuity called technology and apply it alternative as ANWR would produce at from all over the world. Seventy-five to the problem and increase the miles that point in time. percent of California MTBE currently per gallon in our automobiles and It will take another decade to in- arrives by barge, the majority of it SUVs and light trucks, which we can crease ethanol production to replace up from Saudi Arabia. That is why the do so well. price per gallon increases which have to 50 percent of our current gasoline Already we have hybrid vehicles been used on this floor defy common consumption. We should hope we have that, because of a computer, go back sense. And they are wrong. that long as a nation before a signifi- and forth between an electric genera- The alternative to doing nothing cant increase in the price of gasoline or tion and gasoline generation, and you with ethanol is doing nothing at all— a lack of supply causes a serious dis- cannot tell the difference as the driver nothing except increasing our national ruption in our economy and in our and the passenger, with all the crea- consumption of gasoline and oil. If lives. If, however, at that point in time ture comforts that we enjoy in our world prices remain the same as today, we are using 50 percent less gasoline, automobiles. and if world and domestic supplies can we will have a real alternative fuel at So I congratulate the Senate and I reliably satisfy our nation’s ever-grow- a lower cost and a more reliable supply congratulate the chairman of the En- ing demand, then that ‘‘continue the based right here in the United States. ergy Committee—who now graciously status quo’’ strategy will continue to If we don’t undertake this transition, has offered to take the Chair so that I be less expensive than a transition to then we will have nothing—nothing might make these few remarks—for an 10 percent or 20 percent or 50 percent that we can do. That is what the extraordinary effort. I hope that now ethanol. amendment that strips this bill of any he is able to proceed with the energy But those who live by the sword, die fuel alternative will leave this country bill and finally get it passed out of this by the sword. Those who want to bet in the future—nothing, no alternative. body. this Nation’s entire transportation sec- That is a very bleak future. I also want to take a moment to tor on the status quo continuing indefi- Thank you. I yield the floor. state, with a sober and heavy heart, nitely are taking a big gamble. Anyone (The remarks of Mr. MCCONNELL and what we are facing in the Middle East. who believes the United States can Mrs. FEINSTEIN pertaining to the intro- From the standpoint of the United continue to get 25 percent of the duction of S. 2194 are located in today’s States, it is very clear what is in our world’s entire oil production at today’s RECORD under ‘‘Statements on Intro- interest, and that is peace in the Mid- prices are making a hugely optimistic duced Bills and Joint Resolutions.’’) dle East, a cessation of firing, a cre- assumption. Mrs. FEINSTEIN. I suggest the ab- ation of an environment where the par- Yes. There will likely be an incre- sence of a quorum. ties can come together. mental cost to a transition to ethanol The PRESIDING OFFICER (Mr. NEL- A week and a half ago I was in Da- nationwide. There is always a short- SON of Florida). The clerk will call the mascus, Syria, and met with the new term cost to diversification. A business roll. young President who took over after that has one produce line incurs a cost The assistant legislative clerk pro- his father died, President Assad. We to developing a second or a third prod- ceeded to call the roll. said: President Assad, now is the time uct. As long as the first product con- Mr. NELSON of Florida. Mr. Presi- for leaders outside of the Palestinians tinues to sell, overall profits will be dent, I ask unanimous consent that the and the Israelis to emerge in the area slightly down. But when that product order for the quorum call be rescinded. and to realize that it is in your interest falters, and the others come on line, The PRESIDING OFFICER (Mr. that there be peace in the Middle East. the company will prosper and grow, BINGAMAN). Without objection, it is so We thanked him for his help and his rather than decline. ordered. intelligence network with regard to April 18, 2002 CONGRESSIONAL RECORD — SENATE S2907 our efforts in going after the al-Qaida Do we take payroll tax revenues that tax cut are step 1 in the administra- terrorists. working people, working Americans, tion’s plan to undermine the security We said: President Assad, you have thought were being dedicated to the of Social Security. Step 2 is to pri- to go after the groups, such as Social Security trust fund and use vatize that program; that is, taking $1 Hezbollah, that you are offering facili- them instead to pay for this huge new trillion out of the trust fund—it is ac- ties to, which are also fostering ter- tax cut, a tax cut that really goes to tually a little more than $1 trillion, rorism. the wealthiest of Americans or should but for round numbers, and it is a big Of course, he rejected that. His point we be using Social Security revenues, number—in the next decade so we can of view was that they were freedom payroll taxes, for their intended use, provide funding for these private ac- fighters. There is a lot of politics in it. securing the Social Security trust fund counts. That is going to lead to a dra- It will take leaders such as Assad and for this and future generations? matic cut in benefits which are abso- the leader of Lebanon, with whom I It is a pretty fundamental choice. It lutely necessary. met yesterday, the Prime Minister of is pretty starkly laid out by the nature If one has any doubt about it, they Lebanon, Rafiq Hariri, to emerge as of the tax cut that was endorsed by the just have to look at the report released leaders in the Arab world and say: We House Republicans today. It is a choice by the President’s Commission on So- have to change the old ways; we have that will impact all Americans. cial Security. They talk about it them- to do it differently, and violence and I believe if Americans were asked, selves. That, when it gets translated killing is not in our interest. they might come up with a different into individual lives, as we move to the Those Arab leaders are going to have answer. I think they would choose se- next chart, will reduce benefits for a to say vigorously to their colleagues curity, Social Security, not tax breaks 30-year-old about 20 percent when they that it is in their interest that they that would take the security out of So- retire in about 2032. create an environment where they can cial Security. For those who are a little younger solve this violent situation in the Mid- I want to give one perspective. The than that, it will be almost 45 percent dle East and bring the Palestinians and tax cut that was implemented today in by 2075, a cut in Social Security bene- Israelis together. As the Good Book the House is about $400 billion more in fits, 20 percent for 30-year-olds, 25 per- says, ‘‘Come let us reason together.’’ the next decade, and 60 percent of that cent for people who are starting in the I am very grateful that the Senator upcoming tax cut goes to those with workplace, and about 45 percent for took the Chair so I could come to my incomes over $500,000. That is hard to younger Americans. desk and make these remarks. believe. Of the additional $400 billion, If one thinks Social Security benefits I yield the floor and suggest the ab- 60 percent is going to people with in- are lavish, I think we all have another sence of a quorum. comes over $500,000. I have a hard time review to go through. That 25- to 45- The PRESIDING OFFICER. The understanding why we are taking pay- percent cut, that goes against benefits clerk will call the roll. roll taxes and the Social Security trust that average about $10,000 a year for The legislative clerk proceeded to fund to fund that kind of tax cut. most Social Security beneficiaries. For call the roll. The effort to make that tax cut per- most seniors, Social Security is their Mr. CORZINE. Mr. President, I ask manent is not only misallocating re- only source of income, about two- unanimous consent that the order for sources, but in my view it is draining thirds of them. I do not know what the quorum call be rescinded. the resources that are badly needed to happens in Florida, but in my State of The PRESIDING OFFICER (Mr. NEL- protect Social Security in the years New Jersey $10,000 is not a princely SON of Florida). Without objection, it is ahead for those millions of baby so ordered. sum. It is not going to allow our sen- The Senator from Nevada. boomers who will be retiring in the iors to have a tremendously flush life- Mr. REID. Mr. President, we are coming decades. It is really quite sub- style. waiting, as I have indicated, for Sen- stantial. To the President’s commission, that Right now, Social Security has about ator MURKOWSKI. As I indicated an $10,000 looks like too much because hour or so ago, he had to go to a fu- 46 million folks retired. In another 20 they are instituting a program that, in neral in Arlington. We are going to years, that will be 72 million. So it is a fact, will undermine the ability to hopefully agree on bringing up an big change in the population. That is maintain those guaranteed benefits at amendment he has dealing with Iraq. what the demographic bubble is all that level. I think that is hard to be- That will probably take about 45 min- about. How are we going to pay for it if lieve as well. That is step 2. utes, and then we will move to the bor- we are going to implement tax cuts They do not want us to have the abil- der security matter. So those Senators that are going to take as much as $4 ity to maintain those guaranteed bene- wishing to speak in morning business, trillion away from the ability of the fits. What they want to do is have that the time may be limited today. American public to have revenues to tax cut that I talked about before. We certainly have time for Senator pay for Social Security in the years So I have to say that both for myself CORZINE to speak for up to 10 minutes. ahead in the second 10 years? It is hard and for my colleagues, most of us on I ask unanimous consent that Senator for me to understand. this side of the aisle, we have a dif- More importantly, I want to consider CORZINE be allowed to speak for up to ferent view about protecting Social Se- 10 minutes as in morning business. two numbers. The 75-year cost of the curity. We think protecting the secu- The PRESIDING OFFICER. Without tax cut is $8.7 trillion. That is a lot of rity of working American families objection, it is so ordered. money. It will take awhile to count must be our top priority. We are going The Senator from New Jersey. that far. By contrast, the shortfall in to fight long and hard and steady to f the funding to maintain the currently make sure Social Security is not un- guaranteed benefits for Social Security dermined—not today, as was done SOCIAL SECURITY TRUST FUND, beneficiaries, of all generations over through the passage of this tax bill in THE SECURITY AMERICANS NEED the next 75 years, is only $3.7 trillion. the House, not tomorrow, or in the Mr. CORZINE. Mr. President, today I So we have more than two times cov- years ahead, not ever. rise to speak out on a subject that is erage by the tax cut that was imple- Today’s choice that was put in front both timely and extremely important mented. If it were to be followed in the of us is whether Social Security is real- to the American people. A few hours way the House did it, we would be giv- ly about the security of all Americans ago, the House of Representatives, ing up those revenues to cover the in their retirement years. I do not showing an unimaginable indifference needs of Social Security. I do not get think we should be taking the term to the retirement security of American it. We have the resources, if we have ‘‘security’’ out of Social Security. We families, and further undermining the the will, to make sure that Social Se- ought to stand firm with it. That is integrity of the Social Security trust curity is there for each and every gen- what this debate will be about as we go fund, made permanent the tax cuts eration. forward day after day. that were enacted last year. So that is part of the trouble. Unfor- I yield the floor. The bill they passed really frames a tunately, these drains on Social Secu- The PRESIDING OFFICER. The Sen- stark choice for the American people: rity revenues that are caused by this ator from Nevada. S2908 CONGRESSIONAL RECORD — SENATE April 18, 2002 Mr. REID. I ask unanimous consent tion plants comes from natural gas or viding hundreds, perhaps thousands, of that the Senator from Nebraska be rec- coal. Additionally, with farmers using community-oriented biorefineries pro- ognized for 10 minutes as in morning more ethanol and biodiesel in their ve- ducing biofuels, biochemicals, and bio- business. hicles, and the advance of biorefineries electricity. The PRESIDING OFFICER. Without using cellulosic biomass including agri- There are those who believe that objection, it is so ordered. cultural and forestry crops and resi- ethanol’s current tax incentives are The Senator from Nebraska. dues, as well as other biomass and ani- sufficient, and obviate the need for the mal waste with disposal problems, the f renewable fuels standard calling for an use of fossil fuels to produce biofuels RENEWABLE FUELS STANDARD expanding market for biofuels. For the could approach zero. Mr. NELSON. Mr. President, perhaps Where opponents really miss the past 10 years the price of ethanol was no issue related to the energy debate in point is in their failure to recognize generally below the price of 87 octane the Senate has suffered more as a re- the threat posed to America’s national, at both the wholesale and the retail sult of misinformation than the renew- energy, and economic security by our levels. At current capacity, there is a able fuels standard agreement. This dangerous dependence on oil imports. surplus of ethanol driving wholesale historic agreement was arrived at after In 1999, America was importing over 55 price of ethanol well below the whole- years of careful and considerate nego- percent of its oil and petroleum prod- sale price of gasoline. tiation from all sectors of interest; en- ucts. Just 2 years later, our depend- On April 11 of this year, the whole- vironmentalists, fanners, oil industry ency increased to over 59 percent—and sale price of gasoline in New York was representatives, and politicians in- part of those supplies are in jeopardy 84 cents while the national average cluded. because of the unpredictability of Sad- cost of wholesale ethanol was 55 cents. Simply stated, it directs the gradual dam Hussien and political instability If ethanol was available in New York increased production and integration of in other oil-producing nations. City gasoline today, the price to the ethanol and other biofuels—renewable Failure to provide an adequate mar- consumer should be considerably less fuel sources—into the U.S. fuel supply. ket for ethanol is a major factor in pre- than ethanol-free gasoline. I say should The increase in available alternative venting the emergence of biofuels made because the ethanol industry is always fuels such as ethanol and biodiesel are from cellulosic biomass. The renewable at the pricing mercy of the gasoline sure to result in a cleaner environ- fuels standard is critical to advance ment, an ease on supply, and a reduc- marketers. Routinely, the octane value biorefinery technology that will of the ethanol accrues to the gasoline tion on the U.S. dependence on foreign produce urgently needed refined, do- industry not to the ethanol producers. oil—a national security imperative. mestic, renewable, and clean burning Again, historically, the availability of Opponents of the renewable fuels biofuels. The biorefineries, very small ethanol in the marketplace drives standard have raised the specter of an compared to oil refineries, will be well down the cost of all gasoline because of increase in gas prices as a result of in- disbursed throughout the country and market forces. creased ethanol production. Some much less prone to terrorists’ attacks. claim that motorists could pay as Opponents wail about a monopoly in According to the Society of Inde- much as 4 to 9 cents extra per gallon. the ethanol industry and that only a pendent Gasoline Marketers of Amer- However, in parts of the Nation where small group of producers will benefit ica, ethanol constitutes a significant share from the renewable fuels standard. The federal benefits afforded ethanol- of the market, over the past 10 years, This is inaccurate on two fronts. there has been essentially no difference blended fuels have been an important, pro- Essentially all the ethanol and bio- competitive influence on the nation’s gaso- in price between ethanol and noneth- diesel plants under construction and in line markets. By enhancing the ability of anol gasoline. planning phases are smaller plants independent marketers to price compete According to a consulting firm work- owned by cooperatives and community with their integrated oil company competi- ing for the Oxygenated Fuels Associa- enterprises. More importantly, the tors, this program has increased independent tion, whose members produce and mar- RFS will provide the impetus to launch marketers’ economic viability and reduced ket MTBE, 70 percent of which is im- the construction of biorefineries across consumers’ costs of gasoline. ported—the defeat of the RFS will keep the Nation. Then there is the issue of the overall the MTBE market alive—it is 4 to 9.75 Some perceive the RFS as a targeted cost of the ethanol industry. Opponents cents per gallon. According to the De- massive Federal Government subsidy claim that the cost of the program ex- partment of Energy’s Energy Informa- to benefit only farm belt States. In ceeds the benefits. This is refuted by a tion Administration it is 5 to less than fact, the renewable fuels standard will recent study: the Economic Analysis of 1 cent per gallon. The marketplace re- encourage technology advancements Legislation for a Renewable Fuels Re- ality is: 20 years’ experience in Ne- that could be located and employed in quirement for Highway Motor Fuels, braska—$.01 less than ethanol-free gas- any region of the United States, not conducted by AUS Consultants. oline at the pump; 10 years’ experience just the ‘‘corn states.’’ It will enhance in Minnesota—$.08 less than gasoline at the Nation’s economy, surely in agri- It will displace 1.6 billion barrels of the wholesale level; 1.5 years’ experi- culture-based economies, but also oil over the next decade; reduce our ence in California—no essential dif- through support industries, new jobs, trade deficit by $34.1 billion; increase ference to the public; and 10 years’ ex- research and development, and opening new investment in rural communities perience nationwide—no essential dif- new markets for agriculture products. by more than $5.3 billion; boost the de- ference to the public. This may displays existing ethanol mand for feed grains and soybeans by The question is which numbers do plants, plants under construction and more than 1.5 billion bushels over the you believe. Furthermore, the avail- ethanol, biodiesel, and other biofuels next decade; create more than 214,000 ability of ethanol blends has been plants under consideration. As you can new jobs throughout the U.S. economy; shown to drive down the price of all see, with the renewable fuels standard, and expand household income by an ad- gasoline as a result of market forces. biorefineries will soon be operating in ditional $51.7 billion over the next dec- Another false argument against most State of the Nation. ade. ethanol’s we’ve heard is that producing There is no question that the renew- The RFS in this bill represents a con- ethanol consumes nearly as much non- able fuels standard will reduce our de- tinuation of sound public policy sup- renewable oil as the ethanol replaces. pendence on foreign oil. It will slow the porting the biofuels industry that has The latest U.S. Department of Agri- deterioration of the environment brought benefits to the Nation over the culture report demonstrates that eth- through the reduction of fossil fuel anol production has a positive energy emission and spills, enhance national, past quarter a century. balance of 1:1.34 and only 17 percent of energy and economic security, create a Two States are showing us the way— that energy comes from fossil oil. The new industrial base with tens of thou- Minnesota and Nebraska. We can also bulk of the energy used in fertilizing sands of new, high quality jobs, and look to the major advances being made the crops and to power ethanol produc- strengthen homeland security by pro- in Europe and Brazil. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2909 I am unabashedly proud of what my ferent in several respects, and produced PRESCRIPTION DRUG COSTS home State has accomplished. The for- 10 percent of its own domestic, renew- Ms. STABENOW. Mr. President, I ap- mation of the National Governors’ Eth- able fuels, America will have turned preciate the opportunity to speak to anol Coalition was one of the impor- the corner and that noose of oil-import my colleagues today about an incred- tant steps. Nebraska and several other dependency and climate change will ibly important issue, and that is the Midwestern States created this coali- begin to loosen. question of the rising costs of health tion that now consists of 26 States and I know there is doubt among my col- care, particularly as it relates to the one U.S. territory, as well as Brazil, leagues from States without farm crops cost of prescription drugs. I think the Canada, Mexico, and Sweden. Since its about the ability to provide the needed headline in this week’s Washington formation in 1991, the Governors’ Eth- starch, sugar, or oil seed crops to Post column by David Broder said it anol Coalition has worked to expand produce biofuels and other biorefinery all: Our health care system is in a national and international markets for products. There are more than ade- ‘‘death cycle.’’ biofuels. American firms are working quate supplies of cellulosic biomass in The greatest country in the world, with India, Thailand, Colombia, and each State to meet the 10 percent goal: the most extensive health care system other countries to help them establish agricultural and forestry crops and res- in the world, most sophisticated sys- biofuels industries. idues; rights-of-way, parks, yard and tem, and we have a respected col- Within the State of Nebraska, during garden trimmings; and the clean por- umnist saying it is in a death cycle. I the period from 1991–2001, seven ethanol tion of the biomass fraction of our mu- suggest one of the major reasons for plants were constructed and several of nicipal waste. this is the uncontrollable cost of pre- these facilities were expanded more A major resource commitment is scription drugs in this country. than once during the decade. Specific needed in this country to ensure that, There is something wrong when we benefits of the ethanol program in Ne- 10 years from now, we have established are involved as taxpayers, as Ameri- braska include: the commercial technology base to cans, in funding research for prescrip- $1.15 billion in new capital invest- produce many billions of gallons per tion drugs—which I support—providing ment in ethanol processing plants. year of renewable fuels, in dispersed 1,005 permanent jobs at the ethanol tax credits for research and develop- and decentralized installations around facilities and 5,115 induced jobs di- ment for the companies to be able to do the nation. The feedstocks must be di- rectly related to plant construction, incredibly important, lifesaving re- versified with the end uses ranging operation, and maintenance. Average search. Yet we in the United States of from gasoline to diesel to aviation salaries at the ethanol processing fa- America pay the highest prices of any- fuels. We also need to quantify the ‘‘ex- cilities range from $38,000–$56,000 de- one in the world. That is not an exag- ternality costs’’ of our current im- pending on geographic location. The geration—higher than anyone in the ported oil dependence, in order to en- permanent jobs generate an annual world. sure we are not paying those costs 10 payroll of $44 million. If you are uninsured—and particu- More than 210 million bushels of corn years form now. larly for our seniors who may use 18 and grain sorghum is processed at the Over the past few days, we have different medications in a year; that is plants annually. Economists at Purdue learned that we cannot drill our way the average—if you are uninsured, if University and the USDA estimate out of our dangerous oil dependency. you are someone walking in and paying that the price of corn increases from We have decided to support a renewable retail, you pay the most of anyone any- 9.9 cents–10 cents per bushel for every energy portfolio standard that will in- where in the United States and the 100 million bushels of new demand. crease our use of renewable resources world. Local price basis increases in Nebraska like solar, wind, geothermal, hydro, This is extremely troubling. We are range from 5–15 cents. and biomass to produce electricity. not talking about buying something The trend of marketing wet distillers We sue very little oil to produce elec- that is optional; we are talking about grains for cattle feeding generates at tricity. We use oil to power our trans- lifesaving medications. Whether I am least $41 million in increased economic portation sector. That is where we are talking to my hospital administrators activity annually according to a 1999 most vulnerable. or the Big Three auto companies or report by the University of Nebraska. The renewable fuels standard is abso- small businesses or senior citizens or a Of the $41 million increase, 85 percent lutely necessary in order to expand the family with a disabled child or anyone accrues to cattle feeders in the form of biofuels industry into the use of cel- who is involved in purchasing prescrip- reduced costs and increased gains, and lulosic biomass, which is in great abun- tion drugs, I hear the same thing over 15 percent accrues to the plants. dance throughout the United States. and over: We have a system that is bro- Local tax bases are more diversified The PRESIDING OFFICER. The Sen- ken. It is broken. We have to fix it. in areas where plants are located. Sev- ator from Nevada. I am here today asking my col- eral smaller communities have experi- f leagues on the other side of the aisle to join with us in that sense of urgency enced increases in housing construc- ORDER OF PROCEDURE tion and new business start-ups associ- about fixing this problem. ated with services related to plant op- Mr. REID. Mr. President, Senator Whenever we talk about costs, we erations. MURKOWSKI is present. As I indicated, hear from the companies that in order Jobs among the skilled trades have he was obligated to attend a funeral to lower costs we will lose valuable re- increased. Pipe fitters, steamfitters, this afternoon. We have a unanimous search. None of us wants to lose re- steel workers, and construction engi- consent request we would like to offer. search. We support that. We support neering trades are involved in plant I want to make sure it is cleared on the funding research. We will do that again construction. other side. Until we get that done, this year. But the facts do not show us Value is added to grain processed at what I ask is Senator STABENOW be rec- that we have to suffer and lose re- ethanol plants. Today, a $2.00 bushel of ognized as in morning business for 10 search in order to lower costs. corn is processed into products worth minutes, and then the Senator from We know that among the largest at least $5.00. Gasoline purchased from Missouri, Mrs. CARNAHAN, be recog- companies, on average, they spend refineries outside Nebraska is displaced nized as in morning business for 6 min- twice as much on advertising and pro- by ethanol produced in the State, utes. Then we will proceed to offering motion as they do on research. We also thereby retaining energy dollars in the the unanimous consent agreement with know in an average year there will be local economy. Senator MURKOWSKI. about 88,000 people working to promote These economic benefits have in- As I indicated earlier, what we will and to advertise prescription drugs and creased each year during the past dec- do is ask that there be 60 minutes on average 48,000 people involved in re- ade due to plant expansion, employ- equally divided and a vote, so there search. There are 88,000 people involved ment increases, and additional capital will be a vote at about 5:15 today. in promoting and advertising, 48,000 in- investment. The PRESIDING OFFICER. Without volved in research. If each State followed the Minnesota objection, it is so ordered. I think every American knows, just and Nebraska models, which are dif- The Senator from Michigan. by turning on the television set, that S2910 CONGRESSIONAL RECORD — SENATE April 18, 2002 we have seen an explosion in adver- lowing important research to happen This new law, the Leave No Child Be- tising. Unfortunately, what has hap- and our pharmaceutical industry to hind Act, will bring new resources and pened is we have seen that explosion in thrive. meaningful reform to our Nation’s advertising causing an explosion in our I believe we can do all of that if we schools. costs of 18 percent to 20 percent a year. have a focus on the right values and It establishes new academic stand- Something is wrong when there are priorities when it comes to this debate. ards for students, increases teacher almost twice as many people involved I simply say it is now time for a training, and demands new levels of ac- in promoting a drug and advertising a sense of urgency. If a child in our fam- countability, while increasing flexi- drug as there are people researching ily is sick or if we have a parent who bility with Federal funds at the State new medications. There is also some- needs lifesaving medication and can’t and local level. thing wrong when we can go across the afford it, if we have someone in our I am hopeful that this law will help bridge or through the tunnel to Can- family who needs an operation, we feel close the achievement gaps that sepa- ada—Mr. President, that is 5 minutes a sense of urgency. We feel a sense of rate many poor and minority students in Michigan. We can go across the urgency if someone needs nursing home from their peers. bridge and we can cut our costs in half care or if someone needs some other Indeed, I am optimistic that it will for American-made, FDA-approved kind of health care. improve education for all students. medications. We need that same kind of sense of But Congress has, as Harry Truman I have twice taken a group of seniors urgency when it comes to public policy once said, some ‘‘unfinished business’ across the border, going through the on health care. when it comes to our schools. Canadian medical society, and then I urge my colleagues on both sides of We have left out a critical compo- going into the Canadian pharmacies. the aisle to join with us in the coming nent when it comes to ensuring that We have seen dramatic results. I will weeks to lower the fastest growing part our schools and our teachers and, most just share a couple. of that health care dollar; that is, the importantly, our students will succeed. In Michigan, Zocor, a drug to reduce cost of prescription drugs and life- Today, one in five schools fails to cholesterol, costs $109.73 for 50 5-milli- saving medication. meet building or safety codes or needs gram tablets. In Canada, the exact We can do better than we are doing extensive repairs, renovations, and same prescription costs $46.17—$109.73 for our seniors and our families. We maintenance. Across the country, run-down, over- and $46.17. Since we as taxpayers in the can do better than we are doing for the crowded, dilapidated schools jeopardize United States have helped to subsidize business community. We can do better the health and safety of our students. the research—which I support doing—I than we are doing for everybody in our also want to see us get a price break Across the country, deteriorating country if we are willing to get to schools inhibit the ability of our chil- for the tax dollars that are helping to work. I hope we are going to do that. do this. dren to learn. I yield the floor. And yet, with the exception of the I also know that tamoxifen, a breast- f cancer-treating drug, is available for Impact Aid program, which I strongly about $136 in Michigan. When we went ORDER OF PROCEDURE support, the new education reform law did not include funds for school renova- to Canada, with breast cancer patients, Mr. REID. Mr. President, I ask unan- they got it for $15. There is something tion and repair. imous consent that when the Senator Nor were any funds for renovation wrong with the laws that say our peo- from Missouri completes her state- and repair made available through the ple cannot freely go back and forth— ment, Senator MURKOWSKI be recog- appropriations process. our hospitals, our businesses—and get nized to offer his Iraqi oil import The administration’s most recent those lower costs. amendment; that there be 60 minutes budget even eliminates the Emergency There is something wrong with a sys- for debate prior to the vote in relation School Repair Program. tem where small businesses are seeing to the amendment with the time equal- And yet, data from the National Cen- 25, 30, 35 percent or more increases in ly divided and controlled in the usual ter for Education Statistics tells us their health care premiums. I have had form; that there be no intervening that nearly $127 billion in renovations small business people come to me say- amendment in order prior to the vote and repairs are needed to upgrade ex- ing they will have to drop their insur- in relationship to the Murkowski isting schools to good physical condi- ance because they cannot afford the amendment; that upon the use or yield- tion. premium increases. The majority of ing back of the time without further Furthermore, this figure does not in- that is the cost of prescription drugs. intervening action or debate the Sen- clude the funding needed for construc- We have a lot of work to do. There is ate proceed to vote in relation to the tion to accommodate increasing enroll- something wrong in a country as amendment. ments in districts across the country. blessed and as wealthy as the United The PRESIDING OFFICER. Without We have these pressing needs at a States when there are seniors who got objection, it is so ordered. time when resources are scarce. Our up this morning, sat at the kitchen Mr. REID. Mr. President, I ask unan- States and local governments are still table, and said: Do I eat today or do I imous consent that it be in order to feeling the effects of the recession. take my medicine? Do I pay the elec- ask for the yeas and nays on the And for too many years, Congress has tric bill or do I take my medicine? amendment. failed to provide States and localities We can do better than that. We have The PRESIDING OFFICER (Mr. the funding it promised long ago to an obligation to do better than that. I CORZINE). Without objection, it is so or- share the cost of special education. believe one piece of that is Medicare dered. The Federal Government cannot ask coverage and updating our Medicare Mr. REID. Mr. President, I ask for States and localities to shoulder the system to cover prescription drugs. But the yeas and nays. burden of school renovation and repair I believe it is also much more than The PRESIDING OFFICER. Is there a costs alone. that. I believe it is making generics sufficient second? If the Federal Government stands on available once the patent has run its There is a sufficient second. the sidelines, it will be at the expense course and finding ways to make sure The yeas and nays were ordered. of our children. those laws are enforced and not under- The PRESIDING OFFICER. The Sen- But neither should Washington at- mined. It is making sure that research ator from Missouri. tempt to single-handedly solve this is done, and we reward and help fund f problem. Congress should not be in the that, and invest in that more than we business of giving direct grants to com- LEAVE NO CHILD BEHIND ACT are investing in advertising. It is mak- munities to build schools. ing sure our business community can Mrs. CARNAHAN. Mr. President, last I strongly believe that education is a afford premiums, that we have com- year, Democrats and Republicans national priority but a local responsi- petition across the border, making sure joined together with President Bush to bility. we are able to provide prescriptions at enact a monumental and far-reaching The legislation being introduced the lowest possible cost while still al- education bill. today, the ‘‘Investing for Tomorrow’s April 18, 2002 CONGRESSIONAL RECORD — SENATE S2911 Schools Act,’’ answers this call for ORDER OF BUSINESS bate: Kennedy-Brownback-Feinstein- partnership. Mr. DASCHLE. Mr. President, for the Kyl managers’ amendment, 20 minutes Our bill provides initial funding for interest of Senators, I have been in for debate; that debate on the following the creation of State and regional in- consultation with the distinguished Byrd relevant amendments be limited frastructure banks. These banks will Republican leader throughout the day. to 20 minutes each: Byrd amendment make loans to districts for school con- We are momentarily going to propound regarding review of educational insti- struction or modernization needs. a unanimous consent request which tutions’ compliance provisions, Byrd This mechanism helps to alleviate would do several things. amendment regarding penalty increase the financial burden for States and lo- First of all, it would accommodate for manifest noncompliance, Byrd calities but provides sufficient flexi- Senator MURKOWSKI and his desire to amendment with regard to change of bility to meet local needs. bring up an amendment on the energy deadlines for implementation of bio- The structure of the bill ensures that bill relating to Iraq. metrics, and Byrd amendment regard- states and localities have the requisite We would then move to complete our ing tightening requirements for par- flexibility to tailor programs to meet work on the border security bill. There ticipation in the visa waiver program. their unique needs. would be a number of amendments of- The PRESIDING OFFICER. Is there The bill requires a 25 percent State fered by Senator BYRD. Once those objection? match, which ensures the commitment amendments have been disposed of, it Without objection, it is so ordered. of State government to the program would be our intention to then go to Mr. DASCHLE. Mr. President, I while allowing States to leverage their final passage. Then, prior to the end of thank my colleagues for their coopera- dollars four-to-one. the day, we would also take up a judi- tion. It is a voluntary program—only for cial nomination that has been on the Under this order, the Murkowski those states who choose to participate. calendar. amendment relating to Iraqi oil is now To those who have argued that the We would, throughout this period, the pending order of business. I encour- Federal Government should have no have further discussions about our age Senators, if they want to be heard role in school facilities, and likewise to schedule for the remainder of the on the amendment, to come to the those who call for overly intrusive Fed- week—tomorrow—and early next week, Chamber. eral programs, this bill offers a com- as we attempt to bring some final clo- I yield the floor and suggest the ab- mon-sense compromise. sure to the energy bill. sence of a quorum. I remember visiting a school in Nixa, So that is the current schedule. It is The PRESIDING OFFICER. The MO, where every fourth-grader in the my expectation we will get this request clerk will call the roll. district attends class in trailers behind which would allow us to complete our The assistant legislative clerk pro- the school. work on border security today. Sen- ceeded to call the roll. I have subsequently learned from ators should be forewarned there will Mr. MURKOWSKI. Mr. President, I teachers and administrators in other be additional votes, probably several ask unanimous consent the order for districts that the kids in trailers often additional votes, yet today on the bor- the quorum call be rescinded. have the best deal because conditions der security bill, I assume on the Mur- The PRESIDING OFFICER. Without in the actual school buildings are often kowski amendment, as well as on the objection, it is so ordered. far worse than they are in the trailers. judicial nomination. f Every State in this country has dis- So that is the current plan. Just as NATIONAL LABORATORIES PART- tricts in need, in both urban and rural soon as we have cleared it a final time NERSHIP IMPROVEMENT ACT OF and suburban communities. The needs with our Republican colleagues, I will 2001—Continued span the social economic strata of our propound this unanimous consent re- AMENDMENT NO. 3159 TO AMENDMENT NO. 2917 Nation. quest. Until that time, I suggest the Mr. MURKOWSKI. Mr. President, I Disadvantaged and minority students absence of a quorum. send an amendment to the desk and are most likely to attend school in de- The PRESIDING OFFICER. The ask for its immediate consideration. crepit and obsolete buildings. clerk will call the roll. The PRESIDING OFFICER. The I would imagine that we have all seen The assistant legislative clerk pro- clerk will report. schools that are either freezing cold or ceeded to call the roll. The assistant legislative clerk read unbearably hot, that have poor light- Mr. DASCHLE. Mr. President, I ask as follows: ing or inadequate bathroom facilities. unanimous consent the order for the But students in more affluent sub- quorum call be rescinded. The Senator from Alaska [Mr. MURKOWSKI] urbs—where there is often explosive The PRESIDING OFFICER. Without proposes an amendment numbered 3159 to amendment No. 2917. growth in the community—also suffer objection, it is so ordered. from overcrowding. Mr. MURKOWSKI. Mr. President, I Most parents would agree that they f ask unanimous consent reading of the amendment be dispensed with. would like their children to attend UNANIMOUS CONSENT The PRESIDING OFFICER. Without schools where the student to teacher AGREEMENT—H.R. 3525 ratio is low, where class size is small. objection, it is so ordered. Yet, without enough space, small Mr. DASCHLE. Mr. President, I ask The amendment is as follows: class size is an impossibility. unanimous consent that upon disposi- (Purpose: To make the United States’ energy And despite these conditions, we are tion of the Murkowski amendment re- policy toward Iraq consistent with the na- asking our children for more than ever lating to Iraqi oil, the Senate resume tional security policies of the United before. consideration of H.R. 3525, the border States) A fellow Missourian, Mark Twain, security bill, and that it be considered At the appropriate place, insert the fol- once told the following story: under the following limitations: that lowing: there be 30 minutes of debate on the TITLE—IRAQ OIL IMPORT RESTRICTION When I was a boy on the Mississippi River bill, with the time equally divided and there was a proposition in a township there SECTION 1. SHORT TITLE AND FINDINGS. to discontinue public schools because they controlled between Senators KENNEDY, (a) This Title can be cited as the ‘Iraq Pe- were too expensive. An old farmer spoke up BROWNBACK, FEINSTEIN, and KYL, or troleum Import Restriction Act of 2001.’ and said, ‘‘If they stopped building the their designees; that the amendments (b) FINDINGS.—Congress finds that— schools they would not save anything, be- listed in this agreement be the only (1) the government of the Republic of Iraq: cause every time a school was closed a jail amendments in order; that any debate (A) has failed to comply with the terms of had to be built.’’ time be equally divided and controlled United Nations Security Council Resolution I have great faith in America’s chil- in the usual form; that upon disposi- 686 regarding unconditional Iraqi acceptance of the destruction, removal, or rendering dren. The time to invest in them is tion of all amendments, the bill be read harmless, under international supervision, of now. The investments we make in a third time and the Senate proceed to all nuclear, chemical and biological weapons them will be returned to us many vote on final passage of the bill, with- and all stocks of agents and all related sub- times over. out further intervening action or de- systems and components and all research, S2912 CONGRESSIONAL RECORD — SENATE April 18, 2002 development, support and manufacturing fa- tions and individuals within Iraq of food, The irony here is obvious, if we go cilities, as well as all ballistic missiles with medicine and other humanitarian products. back to 1992 and look at the desolation a range greater than 150 kilometers and re- SEC. 5. DEFINITIONS. associated with the burning of the oil- lated major parts, and repair and production (A) ‘‘661 committee.’’ The term 661 Com- fields in Kuwait. Recognize that we are facilities and has failed to allow United Na- mittee means the Security Council Com- now importing or have been importing tions inspectors access to sites used for the mittee established by UNSC Resolution 661, production or storage of weapons of mass de- and persons acting for or on behalf of the about 1 million barrels of oil a day struction. Committee under its specific delegation of from Iraq. Then with the notice by the (B) routinely contravenes the terms and authority for the relevant matter or cat- Government of Iraq that they are going conditions of UNSC Resolution 661, author- egory of activity, including the overseers ap- to terminate production, clearly one izing the export of petroleum products from pointed by the UN Secretary-General to ex- has to wonder if it is in the principal Iraq in exchange for food, medicine and other amine and approve agreements for purchases interest of the United States to rely on humanitarian products by conducting a rou- of petroleum and petroleum products from this source. tine and extensive program to sell such prod- the Government of Iraq pursuant to UNSC ucts outside of the channels established by Earlier in the day, we voted on the Resolution 986. issue of ANWR. It was a cloture mo- UNSC Resolution 661 in exchange for mili- (b) ‘‘UNSC Resolution 661.’’ The term tary equipment and materials to be used in UNSC Resolution 661 means United Nations tion. We did not obtain 60 votes. So far pursuit of its program to develop weapons of Security Council Resolution No. 661, adopted on the energy bill, it is fair to say that mass destruction in order to threaten the August 6, 1990, prohibiting certain trans- the only increase in domestic produc- United States and its allies in the Persian actions with respect to Iraq and Kuwait. tion identified was associated with Gulf and surrounding regions. (c) ‘‘UNSC Resolution 687.’’ The term ANWR. Perhaps it is ironic that Sad- (C) has failed to adequately draw down UNSC Resolution 986 means United Nations dam Hussein should terminate produc- upon the amounts received in the Escrow Ac- Security Council Resolution 687, adopted tion. But I think it is appropriate, from count established by UNSC Resolution 661 to April 3, 1991. purchase food, medicine and other humani- (d) ‘‘UNSC Resolution 986.’’ The term a principle point of view, that the tarian products required by its citizens, re- UNSC Resolution 986 means United Nations United States, by formal action, end sulting in massive humanitarian suffering by Security Council Resolution 986, adopted our imports from Iraq until a couple of the Iraqi people. April 14, 1995. things happen. (D) conducts a periodic and systematic SEC. 6. EFFECTIVE DATE. One is that the United Nations cer- campaign to harass and obstruct the enforce- The prohibition on importation of Iraqi or- tifies that Iraq has complied with the ment of the United States and United King- igin petroleum and petroleum products shall Security Council resolution No. 687 and dom-enforced ‘‘No-Fly Zones’’ in effect in be effective 30 days after enactment of this has dismantled their programs to de- the Republic of Iraq. Act. (E) routinely manipulates the petroleum velop and construct weapons of mass export production volumes permitted under Mr. MURKOWSKI. Mr. President, destruction; and that Iraq cease to UNSC Resolution 661 in order to create un- earlier this month Saddam Hussein in- smuggle oil in contravention of Secu- certainty in global energy markets, and dicated that he was terminating oil rity Council resolution No. 986; and fi- therefore threatens the economic security of production for 30 days. That would ter- nally, Iraq no longer pays bounties to the United States. minate oil from Iraq to the United the families of suicide bombers wreak- (F) pays bounties to the families of suicide States. ing havoc in Israel. bombers in order to encourage the murder of I have a chart in the Chamber that I recognize the Iraqi oil program is Israeli civilians. shows currently the oil that we are re- (2) Further imports of petroleum products intended to be used for the benefit of from the Republic of Iraq are inconsistent ceiving from Iraq. This chart shows the the Iraqi people. But that is not the with the national security and foreign policy historic trend of crude oil imports from case. My amendment also seeks to en- interests of the United States and should be Iraq to the United States. In January, sure that the President use every eliminated until such time as they are not so it was about 294,000 barrels. In June, it means available to support humani- inconsistent. went up to 973,000 barrels. tarian needs of the Iraqi people, not- SEC. 2. PROHIBITION ON IRAQI-ORIGIN PETRO- One of the extraordinary things oc- withstanding the ban on oil imports. LEUM IMPORTS. curred in September. In September, it Most Members consider themselves The direct or indirect import from Iraq of was at a high of almost 1.2 million bar- internationalists. I believe firmly in Iraqi-origin petroleum and petroleum prod- rels. Lest we forget, during September the importance of engagement with ucts is prohibited, notwithstanding an au- thorization by the Committee established by we had a terrorist attack in New York, other countries, particularly economic UNSC Resolution 661 or its designee, or any in Washington, DC, and the downing of engagement. I am a strong believer in other order to the contrary. the aircraft in Pennsylvania. free trade and have worked with many SEC. 3. TERMINATION/PRESIDENTIAL CERTIFI- What does this have to do with Iraq? of my colleagues to reform economic CATION. Well, we have known for some time sanctions and policies. However, it is This Title will remain in effect until such that Saddam Hussein has been fos- time to draw the line on economic en- time as the President, after consultation tering and supporting terrorist activi- gagement when national security is with the relevant committees in Congress, ties. And to give you some idea, let me compromised. certifies to the Congress that: show you this little replica of an ac- Our increasing dependence on unsta- (a) (1) Iraq is in substantial compliance with the terms of knowledged statement from his Gov- ble overseas sources of oil is compro- (A) UNSC Resolution 687 and ernment relative to providing funding mising our national security. We have (B) UNSC Resolution 986 prohibiting smug- to the Palestinian suicide bombers. seen Saddam Hussein last week urge gling of oil in circumvention of the ‘‘Oil-for- There is a check for $25,000. Previous to fellow Arab OPEC members to use oil Food’’ program; and this, he was providing payments of up as a weapon. We have seen what an air- (2) ceases the practice of compensating the to $10,000. With an incentive of $25,000, craft can do as a weapon. Saddam Hus- families of suicide bombers in order to en- God only knows to what extent ter- sein did that by imposing this 30-day courage the murder of Israeli citizens; or rorist activities will continue. embargo of oil exports to the United that (b) resuming the importation of Iraqi-ori- Yet as we look at the United States States until the United States forced gin petroleum and petroleum products would and the trends we have seen in oil im- Israel to cave in to the demands of the not be inconsistent with the national secu- ports, as the Mideast crisis worsens, we Palestinian extremists. rity and foreign policy interests of the see the price of oil rise. In 1973, the Arab League used oil as a United States. We also have another chart. We have weapon during a time of similar crisis SEC. 4. HUMANITARIAN INTERESTS. seen this oil come into the United in the Mideast. At that time, the It is the sense of the Senate that the Presi- States. People probably don’t really United States was 37-percent dependent dent should make all appropriate efforts to know from where their oil comes. Prob- on imported oil. Still the Arab oil em- ensure that the humanitarian needs of the ably most of them don’t care. It comes bargo demonstrates how powerful a Iraqi people are not negatively affected by in to identified areas of New Jersey, weapon oil can be. And the United this Act, and should encourage through pub- lic, private, domestic and international Ohio, Indiana, Illinois, Minnesota, Mis- States was brought to its knees. Sev- means the direct or indirect sale, donation souri, Arkansas, Mississippi, Lou- eral of us remember during that time or other transfer to appropriate non-govern- isiana, Texas, California, and Wash- of the Yom Kippur War, there were gas mental health and humanitarian organiza- ington. lines around the block. The public was April 18, 2002 CONGRESSIONAL RECORD — SENATE S2913 blaming everybody for the inconven- This article can be used as a re- ber of OPEC—a reflection of the uneasy ience, including Government. minder of the costly mistakes of not relationship that we have with these During that particular timeframe, dealing with him. It is more or less a nations. So this is risky business rely- however, the TransAlaska Pipeline was play-by-play review of the gulf war ing on countries such as these for our completed. Oil began to flow. And with- that we are in now but new names and national security. in a few years, 25 percent of our domes- a new era from 2002 could just as easily Some Members have long recognized tic oil production came from Prudhoe be inserted into the article. These les- the folly of importing oil from our en- Bay. As a consequence, imports sons must not be lost. We recognize he emies—some more than others. But on dropped dramatically. But that was is our enemy. The world must isolate July 25, we extended sanctions on im- then and this is now. Times change. On him, cut him off and coax his regime to porting oil from Iran and Libya. We the other hand, how much they stay an early death. have not imported any oil from those the same. But we haven’t learned our lesson, countries for some time because the Nearly 30 years after the Arab oil em- have we? He is still there because we sanctions were in existence. We didn’t bargo, we are faced with a similar are still buying his oil. Sure, these pur- initiate sanctions against Iraq. Well, it threat that we faced in 1973, but there chases are masked in the Oil for Food is time we did. is a difference. The difference is now Program, but is it really working? He Does relying on Iraq make more we are 58-percent dependent on im- is still there. sense than relying on Iran and Libya? I ported oil. Back in 1973, we were 37 per- I know the Oil for Food Program don’t think so. I know that many of my cent. The stakes are higher. The na- isn’t supposed to work this way. Sad- colleagues advocate production in less tional security implications are more dam is supposed to use the money from risky parts of the globe, including here evident. One wonders what we have Oil for Food to feed the Iraqi people in the United States. The trouble is, we learned. From the vote earlier today, I and buy medicine. But we know he have to drill for oil where we are likely wonder that, too. cheats on the program, buying all to find it. The fact is, the ground under Before us is the reality that Saddam kinds of questionable materials, and which most of the oil is buried is con- Hussein has called on his Arab neigh- that he smuggles billions of dollars of trolled by unstable, unfriendly, or at- bors to use oil as a weapon and begin a oil out of Iraq, which directly funds his risk governments. 30-day moratorium on exports. The armies, his weapons programs, and his Look at Colombia and the oilfields United States was importing over 1 palaces. being developed in the pristine rain million barrels of oil from Iraq. I had an opportunity to be in Bagh- forests down there. We get some 350,000 As we look at the situation in the dad several years ago with a number of barrels a day from Colombia. Mideast today, our Secretary of State, Senators. We met with Saddam Hus- The 408-mile-long Cano Limo pipeline having made every effort to bring the sein. This was just before the gulf war. is at the heart of the Colombian oil parties together, understanding with- Regarding the circumstances of that trade, and it frequently is attacked by drawal, whatever it took, and the ap- meeting, I won’t go into any detail, but FARC rebels. They have declared the pearance at least that Egypt has re- they are very interesting. He invited us pipeline to be a ‘‘military target.’’ fused to meet with our Secretary of to lunch and never brought lunch. They are anticapitalist, anti-United State, Mubarak, what that means, I What we got out of the meeting was States, anti-Colombian Government guess one could look between the pages the recognition that this was a force to rebels. The trouble is, the half of the coun- of history and come up with some kind be dealt with. try these rebels control has the Cano of an evaluation. Things certainly are No matter how you look at it, Mr. Limo pipeline running through it—a better but they might get worse. President, our purchase of Iraqi oil is convenient target to cripple the econ- Reality dictates if you filled up your absolutely contrary to our national se- omy, get America’s attention, and tank, chances are at least a half a gal- curity interests. It is indefensible and rally their troops for their cause. lon of the gasoline in your tank origi- must end. My amendment would do just that; it Countless attacks have cost some 24 nally came from Iraq. Think about would end new imports of Iraqi oil barrels in lost crude production last that. This is the same guy who pays until Iraq is proven a responsible mem- year and untold environmental damage bounties on suicide bombers of $25,000, ber of the international community to the rain forest ecosystem. who fires at our sons and daughters fly- and complies with the relevant Secu- Last year, rebels bombed the Cano ing missions in the no-fly zones in Iraq, rity Council resolutions. Limo 170 times, putting it out of com- who has used chemical weapons on his I began the statement by affirming mission for 266 days, costing Colombia own people, who has boasted that he my support for economic engagement. I roughly $500 million in lost revenue. has the weapons to scorch half of believe deeply in the principle of free Our administration wants to spend Israel. trade. I do not, however, believe in eco- $98 million to train a brigade of 2,000 But when you innocently filled up nomic disarmament. When, as is the Colombian soldiers to protect the pipe- your tank, you paid Saddam Hussein case with oil, a commodity is not only line. Now, last week, another rebel fac- perhaps a nickel of every dollar you important to our own economic health tion called American oil companies spent at the pump that day. You con- but also important to our military’s running the pipeline ‘‘military tar- tributed to some extent to the suicide ability to defend the Nation, self-suffi- gets.’’ bombings. You bought shells targeted ciency is a crucial matter. No country I wonder if we are truly unfazed at American forces. You paid for chem- or group of countries should have the about the close connection between oil, ical and biological weapons being de- ability to ground our aircraft, shut money, and national security. Are we veloped in Iraq which are targeted at down our tanks, or keep our ships from willing to turn our heads on the Mid- Israel and those Iraqis who would chal- leaving port. Yet allowing ourselves to east crisis to finance the schemes of lenge Saddam Hussein. become dependent on imports of this Saddam Hussein? Are we willing to Haven’t we learned our lesson before? nature threatens to do just that. allow our policy choices in the Middle I was looking around the house the In the case of Saddam Hussein, we East to be dictated by our thirst for other night. I ran across a Life maga- are dependent for some 5 percent of our imported oil from this particular zine from March 1991. In a profile of the imports from a sworn and defiant source? Are we willing to let our oil be gulf war, they wrote of Saddam: enemy. There he is on that chart. But used as a weapon against us? When he finally fought his way to power in our reliance on other foreign sources of We should not allow our national se- 1979, after an apprenticeship of a few years as oil is not risk-free. We have a very un- curity to be compromised. I know some a torturer, his first order was the execution easy relationship with our friends in today have dismissed ANWR as a solu- of some 20 of his highest-ranking govern- the gulf. September 11 clearly dem- tion. But the relevance here is prin- ment officials, including one of his best friends. He likes to say ‘‘He who is closest to onstrated that our enemies in such ciple. Our military cannot conduct a me is farthest from when he does wrong.’’ He staunch allies as Saudi Arabia may campaign associated with dependence grew up in dirt to live in splendor. . . . He is outnumber our friends. on such unreliable sources. cheerless. And he currently possesses Ku- We already have some form of eco- I sympathize with the desire to elimi- wait. nomic sanction on every single mem- nate the use of fossil fuels. I believe we S2914 CONGRESSIONAL RECORD — SENATE April 18, 2002 will get there with continued research to the amendment, and I do not know I also have concerns about how an and new technologies. I understand the that I will be in opposition, but I have amendment such as this could be inter- urge to deny the importance of oil in some concerns I wish to express—and preted in world oil markets. We are the national security equation. But all perhaps ask a few questions—I have the very concerned that the price of gaso- of my colleagues will eventually have amendment in front of me—my under- line has been going up in recent weeks, to look in the mirror after this debate standing of what the amendment is and we heard a lot about that during and ask themselves, again, to what ex- that first of all, it does not in any way the ANWR debate that just concluded. tent we are willing to sacrifice our na- prohibit Iraq from exporting oil. I Of course, that is a reflection, to some tional security in order to appeal to think that is clear. Iraq has made a de- extent at least, of the rising price of oil the fantasies associated with the de- cision just recently to suspend its ex- on world markets. The price is up sires of Saddam Hussein. ports of oil for 30 days. So that is in around $26 a barrel today, which is sub- One of the things I think is testi- place, as I understand it. But this stantially higher than it was a few mony to the severity of how we deal amendment does not prohibit Iraq from months ago. People are concerned with Iraq is the responsibility of the exporting oil or does not commit us to about that. President and Joint Chiefs of Staff, his any action which would in any way However, the information I have is Cabinet, and others, as we have ob- prohibit Iraq from exporting oil. that one reason why we import oil served the reality that he is developing Second, it does not prohibit us from from Iraq is that we are able to do so weapons of mass destruction. He has a importing oil from other sources. What at a discount. Why is Iraq forced to sell delivery system capable of sending a it basically says is, we can continue to its oil at a discount in the world mar- missile to Israel. But he has been work- import whatever the percentage is—50 ket? Because it is considered by the ing on a nuclear capability. When is percent, 56 percent—of our oil needs market to be a somewhat unreliable the world going to deal with that? Had from the world market. We just cannot source for oil, so they are not able to we known what was about to occur rel- import from this source. get the premium price that some other ative to the tragic events associated Also, it does not really by its lan- producers are able to get. U.S. refiners with September 11, we would have guage impose a legal prohibition benefit from that, and U.S. consumers taken action against Osama bin Laden. against importing from Iraq. What it benefit from the fact that we are buy- Had we only known. says is, as I read it and this is on page ing that oil at a discount. In the case of Saddam Hussein, the 3 of the amendment. It says: I have an article that I will ask be exposure is there. The question is, This Act prohibits imports until such time printed in the CONGRESSIONAL RECORD When and how? Buying oil and increas- as the President, after consultation with the after my statement, from the April 15 ing our dependence on that country is relevant committees in Congress, certifies to edition of the Dallas Morning News. certainly not the answer because we the Congress that resuming the importation The title of it is: ‘‘In Oil, Profit Often are funding whatever mischief Saddam of Iraqi-origin petroleum and petroleum products would not be inconsistent with the Beats Politics.’’ I ask unanimous con- Hussein is up to. So that is the purpose national security and foreign policy inter- sent the article be printed in the of this amendment, Mr. President. ests of the United States. I urge my colleagues to think a little RECORD after my statement. Basically, it takes the decision, bit about the principle involved and The PRESIDING OFFICER. Without which has been our national policy, join me in support of the amendment. objection, it is so ordered. that we would import legally exported Again, the irony is that he has cut us (See exhibit 1.) Iraqi oil, just as we would import other off for 30 days. The ramifications of Mr. BINGAMAN. Mr. President, the oil. It says that in order for us to con- that, the future will tell. Will the key part of this is some comment on tinue with that activity, the President OPEC nations increase production and the amendment my colleague, Senator has to give us a certification that it is make up for the shortfall? They have MURKOWSKI, is now offering. It says: not inconsistent with our national se- indicated they might. Will the price of Mr. MURKOWSKI wants to ban Iraqi oil im- curity or foreign policy interests to do oil likely go up because of the shortage ports. We have done this before. Libyan oil so. was banned. Iranian oil was banned. But oil of supply? It is already going up. Obviously, our relations with Iraq is a commodity, and import bans make little Clearly, by an action taken by the are a very serious foreign policy issue difference in the global market. Unless all Senate to formally terminate imports for our country at this time, and I am importers join the boycott, the oil will find from that country, we will send him a persuaded that most Members of the a buyer. message, but will somebody else simply Senate would be very anxious to work The main point is pretty clear: If take our place and buy Saddam Hus- in cooperation with the administration Iraq is going to decide at the end of sein’s oil? this 30 days to commence exports In any event, I think it is appro- and with the President in formulating again, it will find a buyer for that oil. priate, from a principle point of view, our policy toward Iraq. I do not know where the administra- It will likely continue to sell at a dis- for the United States to terminate its tion stands on this amendment. I do count in the world market. If we pro- relationship with Iraq, as the amend- not know if there has been any request hibit the importation of that oil into ment proposes, until such time as he for their views on it. I would be anx- the United States, that is not going to commits to abide by the U.N. agree- ious to hear from the sponsor of the hurt Saddam Hussein. That is not ment, which requires that we have in- amendment if he has had a reaction going to hurt Iraq. Iraq will find a spectors in Iraq to ensure that he is not from the administration. We have buyer for that oil. We will be buying a threat to the world; further, that he made some informal inquiries, and we the oil we need from another source, commits to halt any further funding of have been unable to get a response but we will be buying on the world suicide bombers associated with the from the administration. market just as we are today. terrible activities occurring in Israel I, frankly, think the responsible As I say, I think there is less here and Palestine. course would be for us to give the ad- I have no further comments. Seeing than meets the eye as far as actually ministration a chance to tell us its no other Senator seeking the floor, I trying to impact or strike a blow views. If the President wants this legis- yield back the remaining time on this against Saddam Hussein. I do not see lation enacted, then obviously that that this amendment does that. I side, and defer to Senator BINGAMAN. I believe the yeas and nays have been would carry great weight with many think, if anything, it puts our Presi- ordered, Mr. President. Senators. If the President believes this dent in the awkward position of having The PRESIDING OFFICER. Yes, they puts him in an awkward position, in to send a certificate to the Congress have. that it requires him to issue a certifi- saying that, in his view, we should go Mr. BINGAMAN. Mr. President, how cate to permit continued imports of ahead and continue to import Iraqi oil. much time remains in opposition? Iraqi oil, then I think we should know. Maybe that is what the President The PRESIDING OFFICER. Thirty Obviously, there are many Members of would like. Maybe that is what the minutes. this body who do not want to put the Secretary of State would like. Maybe Mr. BINGAMAN. Mr. President, let President in an awkward position rel- that is what the Secretary of Energy me make a few comments with regard ative to our relations with Iraq. would like. I have not heard that from April 18, 2002 CONGRESSIONAL RECORD — SENATE S2915 any of them, and I think the appro- ports also land in the United States. Given Relations Committee has certainly dis- priate course would be for us to solicit the enmity between our countries, that cussed the issue of Iraq policy, but we their opinion on an important amend- seems crazy. But economics beats politics have not examined this specific pro- with Iraqi oil, whose price discounts seem ir- posal. I also understand that the En- ment such as this before we adopt it. resistible to U.S. refiners. My initial reaction to this kind of Republican Sens. Frank Murkowski of ergy Committee has held no hearings amendment, and I am sure the initial Alaska and Larry Craig of Idaho are incensed on this proposal. reaction of most Senators, is: Fine, by Iraq’s presence in the market. They say As I stated at the outset, I do not see this is an anti-Saddam Hussein vote. that every time a U.S. motorist fills up, he how this amendment will address the How do you go wrong, how do you lose or she is putting money in the pockets of legitimate issues that the Senator support in your home State by voting suicide terrorists. (Iraq has offered $25,000 to cites. The proceeds for the legal pur- against Saddam Hussein? I would ven- their families.) chase of Iraqi oil made by American Mr. Murkowski wants to ban Iraqi oil im- companies are deposited in an escrow ture to say nobody does. ports. We have done this before. Libyan oil However, this is a sensitive area of was banned. Iranian oil was banned. But oil account controlled by the United Na- foreign policy and I do not know is a commodity, and import bans make little tions. Money in that account is then whether the Foreign Relations Com- difference in the global market. Unless all released for purchases of civilian mittee has considered anything like the importers join the boycott, the oil will goods. Before any money is spent, the this. It might be something they would find a buyer. sanctions committee, on which the be interested in looking at. I do not The same logic applies to export bans. Iraq United States sits, must approve every can quit producing, and Saudi Arabia covers know if Senator BIDEN, who is chair- contract. In other words, we have a the deficit. Iraq and Venezuela can stumble veto on how the money gets spent. man of that committee, has had a together, and if the Saudis don’t cover it all, chance to look at this and formulate a To be sure, the oil for food program prices will rise around the world and tempt has flaws. Saddam gets illegal revenues position on it. other nations to increase their production. I do not know that many Senators OPEC, in fact, can ill afford to see its oil by selling oil outside the program and would want to vote against an amend- production used as a political weapon. The by collecting illegal surcharges from shady middlemen. It is these revenues ment of this type, but if it is going to U.S. Energy Information Administration ex- that are used by Saddam to prop up his be pushed to a vote, I hope before the pects OPEC production to be down 1.9 mil- lion barrels a day this year as the cartel regime, pursue weapons of mass de- vote occurs—and I know it is expected tries to defend a price band. This lures oth- struction, and pay the families of Pal- to occur very soon under the unani- ers, particularly the Russians, to fill the gap. estinian suicide bombers. The Sen- mous consent agreement—I hope we Non-OPEC production is expected to increase ator’s amendment does not address the can get some communication from the this year by 1.1 million barrels a day. Be- problem of illegal surcharges or smug- White House as to whether or not they cause profit has more pull than political kin- ship, rival producers will rush to capitalize gling. support the amendment. I am also concerned that by effec- Mr. President, I yield the floor. upon a slowdown in Iraqi and Venezuelan oil exports. That logic founders if something tively pulling the United States out of EXHIBIT 1 happens to disrupt Saudi oil production. No the oil for food program, we may be [From the Dallas Morning News, Apr. 15, one can take Saudi Arabia’s place in the sending the signal that we are not in- 2002] market. Today’s regime in Saudi Arabia terested in the welfare of the Iraqi peo- IN OIL, PROFIT OFTEN BEATS POLITICS shows no sign of repeating the 1973 oil em- ple. I know that is not the Senator’s in- WASHINGTON.—Gasoline prices climbed 31 bargo. Tomorrow’s regime? Who knows? tention, but it may be an unintended cents a gallon in the last eight weeks. Mr. BIDEN. Mr. President, I oppose effect of his amendment. This could Israelis and Palestinians are at war again. the amendment of the Senator from have an impact on the ability to pull Saddam Hussein says Iraq will halt oil pro- Alaska. I do not disagree with most of together an effective coalition to con- duction for 30 days to protest. None of this is encouraging, but neither is it a description the findings in his amendment. Saddam front Saddam. of an oil crisis. When one spigot closes, an- Hussein is clearly in violation of his This is just one example of the poten- other opens. There’s 7 million barrels a day obligations under United Nations Secu- tial unintended impact of this amend- of spare production capacity available to rity Council resolutions. He has repeat- ment. I think it is important that we make up for Iraq’s 1.7 million barrels a day edly demonstrated his callous dis- understand all of the ramifications of of exports. The 11 members of the Organiza- regard for the plight of the Iraqi peo- this proposal before proceeding. tion of the Petroleum Exporting Countries ple. Humanitarian aid under the oil for Mr. MURKOWSKI. Mr. President, hold 90 percent of that spare capacity. OPEC food program has been diverted, lan- recognizing I have yielded back my has tried since the 1973 Arab oil embargo to guished in warehouses, or simply not time, I wonder if the majority would convince the world that it is an economic allow me to respond for a few minutes club rather than a political weapon. Saudi purchased at all. As much of the Iraqi population goes without adequate to the Senator from New Mexico. Arabia, with 3 million barrels a day of spare Mr. BINGAMAN. Mr. President, I capacity, is expected to cover any Iraqi-in- health care and nutrition, Saddam lav- have no objection. Following that, I ex- duced shortage, as it has before. ishes luxury goods on his cronies and pect to yield back most of my time. I Gasoline prices have risen rapidly in recent builds palaces. gather we are ready for a vote. weeks but remain about 10 cents a gallon While the Senator may be correct in The PRESIDING OFFICER. The Sen- below last year’s levels. Dallas experienced his diagnosis of the illness, it is not its highest price for unleaded regular on May ator from Alaska is recognized. 12, when the average was $1.66 a gallon. Oil is clear to me that his amendment is the Mr. MURKOWSKI. Mr. President, I the most political commodity. It was largely cure. thank my friend, Senator BINGAMAN. Saudi Arabia’s political will to produce more I have just spoken to a senior official It is the intention of the prohibition that sent oil prices down after Sept. 11, and at the State Department, who believes on Iraqi-origin petroleum imports to Saudi curbs on oil that sent them back up this amendment is a serious mistake. I terminate the imports, and they could again. The oil workers in Venezuela and Ni- believe that this amendment puts the then be addressed by the President and geria flexed their political muscles last week President in a very difficult position at the President, after consultation with in showdowns with their governments that a difficult time. relative committees of Congress, can coincided with the agonies of the Middle I have concluded that we need a re- East. certify to the Congress that Iraq is sub- Nigeria’s unrest centered on unpaid oil gime change in Iraq. In my view, that stantially in compliance with the workers, and quieted quickly. effort will require us to lay the ground- U.N.S.C. Resolution 687 and Resolution Venezuelan oil deliveries were disrupted, work by making a solid case and build- 986. and the strikers persuaded the military to ing as broad a coalition as possible. I Resolution 986 prohibits smuggling of join them in an abortive coup Friday against am concerned that this amendment oil in circumvention of the Oil for Food Venezuelan President Hugo Chavez. Mr. Cha- may make the President’s task more Program, and 687 mandates inspections vez returned to office Sunday, 48 hours after difficult. At the very least, we should by U.N. inspectors. So the intent is being ousted. Iraq and Venezuela supply a major portion provide him the opportunity to make clear. It is to terminate oil exports in of oil refined in the United States. Venezuela his views known on this amendment. the United States. sends half its 2.4 million barrels a day of ex- While the potential impact of this The Senator from New Mexico sug- ports to the United States, both as gasoline amendment is great, it has not been gested we contemplate and be some- and crude oil. More than half of Iraq’s ex- scrutinized sufficiently. The Foreign what sensitive to the attitude of the S2916 CONGRESSIONAL RECORD — SENATE April 18, 2002 White House. I think during our ex- Inhofe Mikulski Smith (OR) The PRESIDING OFFICER. That is Jeffords Miller Snowe tended debate on ANWR we had an ex- Johnson Murkowski Specter correct. tended discussion about the attitude of Kennedy Murray Stabenow Mr. KENNEDY. Mr. President, I yield the White House that did not prevail in Kerry Nelson (FL) Stevens myself 4 minutes. this body. Kohl Reed Thomas Mr. President, I am very pleased that Kyl Reid Thompson I think what is germane, however, is Landrieu Roberts Thurmond we are enacting the Enhanced Border the attitude of the White House with Leahy Rockefeller Torricelli Security and Visa Entry Reform Act of regard to the sanctions on Iran and Levin Santorum Voinovich 2002. Lieberman Sarbanes Warner I would like at the outset to thank Libya. They are quite clear, and I Lincoln Schumer Wellstone think there is a notable similarity. Lott Sessions Wyden my colleagues and fellow sponsors, Those sanctions were initiated in retal- McCain Shelby Senators BROWNBACK, FEINSTEIN, and iation to terrorist activities associated McConnell Smith (NH) KYL, as well as their dedicated staff, with Libya. What was it? The downing NAYS—10 David Neal, LaVita Strickland, and of Pan American flight 103 over Scot- Biden Chafee Lugar Elizabeth Maier. We began working to- land. That is why we took that action. Bingaman Fitzgerald Nelson (NE) gether on this legislation in November It was most appropriate. In Iran, in Byrd Gramm and have moved through every stage of Carper Hagel 1979, it was the Embassy takeover and this process as a united team. the terrorist activities associated with NOT VOTING—2 I would also like to thank Senator that. Inouye Nickles HOLLINGS and Senator GREGG for their So we have a parallel. I do not think The amendment No. 3159 was agreed invaluable contributions to the bill. I there is any question about it. We ter- to. thank Senator BYRD for steadfastly minated a relationship in the sanction Mr. MURKOWSKI. Mr. President, I working with us to make important action against Libya and Iran for fos- move to reconsider the vote, and I improvements to the legislation. tering terrorism. move to lay that motion on the table. Finally, I thank all of our colleagues If what is going on with Saddam Hus- The motion to lay on the table as in the Senate for withdrawing their un- sein is not an act of terrorism, I do not agreed to. related amendments to assure the swift know what is. I indicated in my state- passage of this vital legislation, the CAPACITY-BASED STANDARDS Enhanced Border Security and Visa ment pretty much throughout, this is a Mr. DOMENICI. Mr. President, I have matter of principle for the United Entry Reform Act, which will strength- discussed with Senator BINGAMAN a en the security of our borders. It will States. I do not think there is any concern with his amendment No. 3016. question about the justification. It is improve our ability to screen visitors, In particular, I question whether we monitor foreign nationals, and enhance the same justification. Saddam Hussein should structure the renewable port- is fostering terrorism, and I think we our capacity to deter potential terror- folio standard to refer to the ‘‘capac- ists. would all acknowledge that. So I think, ity’’ of a renewable system or, as done with all due respect, that is the jus- Our bill provides real solutions to in Senator BINGAMAN’s amendment, to tification for this action. real problems. It closes loopholes in the ‘‘energy generated.’’ I think we our immigration system. Our solutions Today, who is more of a threat to the would simplify compliance by staying world? Is it Iran, is it Libya, or is it include expanding intelligence and law with a ‘‘capacity-based’’ standard, but enforcement capabilities, upgrading Iraq? Well, no question in my mind. I realize that this is a complex issue. I I am happy to respond to any ques- 21st century technology, and estab- strongly recommend that we return to lishing an electronic interoperable tions. this issue in conference and carefully I yield back the remainder of my data system. Vital information will be evaluate the pros and cons of these two shared in real time among our front time. approaches. Mr. BINGAMAN. Mr. President, I line agencies. Mr. BINGAMAN. I concur with my Our legislation sets realistic dead- yield back the remainder of our time as colleague that this issue deserves more lines for the Attorney General and the well. discussion. I look forward to further Secretary of State to issue to all for- The PRESIDING OFFICER. The analysis and discussion of this in con- eign nationals machine-readable, tam- question is on agreeing to amendment ference in order to arrive at a final po- per-resistant travel documents with bi- No. 3159. The yeas and nays have been sition. ometric identifiers. It also sets a real- ordered, and the clerk will call the roll. istic deadline for our ports of entry to The assistant legislative clerk called f be used with biometric data readers the roll. ENHANCED BORDER SECURITY and scanners. Mr. REID. I announce that the Sen- AND VISA ENTRY REFORM ACT It also recognizes the valuable role of ator from Hawaii (Mr. INOUYE), is nec- OF 2002 our border security and INS personnel essarily absent. The PRESIDING OFFICER. Under by ensuring that these offices receive Mr. LOTT. I announce that the Sen- the previous order, the Senate will now adequate pay and training and have the ator from Oklahoma (Mr. NICKLES), is resume consideration of H.R. 3525, technology they need to secure our necessarily absent. which the clerk will report. borders without obstructing the effi- The PRESIDING OFFICER (Mr. CAR- The legislative clerk read as follows: cient flow of persons and commerce. PER). Are there any other Senators in A bill (H.R. 3525) to enhance the bor- It also recognizes the demands on our the Chamber desiring to vote? der security of the United States, and consular offices, and provides them The result was announced—yeas 88, for other purposes. with the additional training and re- nays 10, as follows: The PRESIDING OFFICER. Who sources to screen for security threats. [Rollcall Vote No. 72 Leg.] yields time? In this legislation, we preserve the YEAS—88 Mr. KENNEDY. Mr. President, I un- visa waiver program but require a Akaka Cleland Edwards derstand that we have a time limit on stringent reporting requirement on Allard Clinton Ensign both the bill and the particular amend- passport theft and more frequent eval- Allen Cochran Enzi ments. Am I correct? uation of participating countries’ com- Baucus Collins Feingold Bayh Conrad Feinstein The PRESIDING OFFICER. The Sen- pliance with the programs’ conditions. Bennett Corzine Frist ator is correct. Our bill honors our proud immigra- Bond Craig Graham Mr. KENNEDY. And the time on the tion tradition. It safeguards the entry Boxer Crapo Grassley Breaux Daschle Gregg overall bill is? of the more than 31 million persons Brownback Dayton Harkin The PRESIDING OFFICER. Thirty who enter the United States legally Bunning DeWine Hatch minutes equally divided. each year as visitor students, tem- Burns Dodd Helms Mr. KENNEDY. And 40 minutes on porary workers, and the 550 million Campbell Domenici Hollings Cantwell Dorgan Hutchinson each amendment equally divided. Am I who legally cross our borders each year Carnahan Durbin Hutchison correct? to visit family and friends. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2917 We recognize that immigration is not we have to have that information shar- It is going to take authority, and this the problem—terrorism is. We must ing. is the authority it is going to take ap- identify and isolate potential terror- We are trying to expand the perim- propriations to be able to get this im- ists—not isolate the United States. eter around the United States. This plemented. The Senator from West Vir- ‘‘Fortress America’’ is not a solution would include working with Canada ginia has been raising in hearings and that we would consider. and Mexico to get our perimeter broad- in this Chamber this issue about the In defending America, we are defend- er and more secure. implementation. ing the fundamental constitutional I visited the El Paso INS detention Mr. DOMENICI. I say to the Senator, principles of diversity, cultural ex- facility 1 year ago. There at the deten- as I indicated, I do not doubt it has change, and civil rights that have made tion center were people who had tried wonderful provisions in it. I have read America strong in the past and which to enter our country illegally from 59 them. I come from the border, and I will make us even prouder in the fu- different countries, coming in through confirm that they are all good; our bor- ture. Central America, going up by land der people would like to have them. This legislation strikes the appro- through Central America, through I just want to make sure we under- priate balance. I hope we will receive Mexico. We need to get the Mexican stand that there is no money provided overwhelming support for it. Government’s support and help in pro- in this bill. So the public will get the I withhold the remainder of my time. tecting our perimeter. story today or tomorrow that we The PRESIDING OFFICER. The Sen- We require manifests from other passed this bill, but 3 or 4 months from ator from Kansas. countries before the flights leave so we now, when the appropriations bill Mr. BROWNBACK. Mr. President, I can check those when they come in. We comes that funds these kinds of activi- join my colleague, Senator KENNEDY, provide more monitoring of foreign ties, the Appropriations Committee has as ranking member on the Immigration students in this country once they to have the money or we will just have Subcommittee to support this bill. come here. another bill that expresses, in beautiful This bill cleared the House of Rep- On September 11, unfortunately, words, what we would like to have hap- resentatives twice on a unanimous con- some of those terrorists were here pen for our country. Is that about sent calendar. It is important. We still under student visas. We have to mon- right? have problems at our borders. This bill itor the foreign students better in this Mr. BROWNBACK. No. I would dis- deals with trying to get at the terror- country. agree, if I could, with my colleague. ists who seek to enter our land and not This bill provides biometrics. It pro- The appropriate way to proceed is au- the legitimate people who are seeking vides more information we can use in thorization language, then appropria- to come here for reasons that are posi- checking people at the border. We have tions, of course. What we are doing tive to the United States. a number of other provisions that are here is the authorization language. The This bill is a testament to the dedica- in the bill. It provides for more border President has built into his budget re- tion of this body and in Congress. It is security officials to be able to check to quest over half of the funding for this already. Now we will have to appro- bipartisan. It has had the input of make sure we are getting our job done. many Members. The bill reflects how In short, Mr. President, this bill has priate it. But to get there, first we are truly united we as Americans stand be- received a lot of work. We need to pass supposed to authorize. This is author- izing language. fore the threat of terrorism. this legislation. I believe we will get it Mr. DOMENICI. Sure. There is noth- The bill is the product of a lot of passed today. ing tricky about my question. I am not dedicated people, too many to name— Mr. President, I yield the floor and trying to put anyone on the spot. I am elected officials from both sides of the reserve the remainder of our time. just trying to establish that unless the aisle, from both Houses, and experts The PRESIDING OFFICER. Who money is appropriated later on by an- from both inside and outside of Govern- yields time? ment. The entire community in and Mr. DOMENICI. Will the Senator other act of Congress, and signed in an- around Washington and the country yield for a question from the Senator other act by the President, we do not came together for this common goal of from New Mexico? have 200 new agents this year in each defending America. Mr. BROWNBACK. I would be happy of the Departments, we don’t have the The bill is endorsed by the entire im- to yield for a question. I have yielded research money that is in this bill for migration spectrum. The groups that back the floor. new technology, because this bill does are the most impacted by it endorse it. If I could secure the floor, Mr. Presi- not provide for any money to be spent. They appreciate the hard decisions dent, I would be happy to yield for a If that is not a correct statement, then that have to be made after September question from the Senator from New I withdraw it. Mr. BROWNBACK. That is correct. 11 and see the wisdom in this legisla- Mexico. This is authorizing language. tion. The PRESIDING OFFICER. The Sen- Mr. DOMENICI. I thank the Senator We have legislation here that pro- ator from Kansas. very much. tects our borders without compro- Mr. DOMENICI. I say to the Senator, Mr. BROWNBACK. I reserve the re- mising our values or our economy. This I would just like to eliminate a little mainder of my time. legislation is a measured, intelligent bit of confusion. This bill is going to The PRESIDING OFFICER. Who response to an evil that we will defeat. pass unanimously—or almost—today. yields time? I am proud to be a part of this bill. And stories are going to say we pro- Mr. KENNEDY. I yield myself a half I will describe quickly, what we are vided 1,000 new agents for the INS and a minute. trying to do—and we will get it done— all the other things you provide in this I want to add to what my colleague is to get information sharing from the bill. said. There is also $100 million in fees various governmental agencies—the I wonder if you might tell me, is any here. We have raised the fee part of it, INS, the State Department, but also of this money appropriated by this bill? which will be self-funding, making the the CIA, the FBI, the DIA, and, hope- Mr. BROWNBACK. If I could respond total $843 million. This agency has a fully, even other intelligence sources— to that question, within the Presi- budget of $6 billion. It is our intention so that we will have information shar- dent’s budget is allocated $742 million to try to work within that $6 billion to ing so we can catch before they enter in the first year for the implementa- find the additional money and to work this country people who seek to do tion of this bill. It is within the Presi- with the Appropriations Committee. harm. That information sharing is not dent’s budget. It is believed that the But I think that the point the Sen- taking place to the degree it needs to budget needs for the first year are $1.3 ator from New Mexico makes about the be today. Senator KENNEDY noted how billion total. We have over half of that difference between authorization and many people yearly enter this country in the President’s budget, and we are appropriations is always worthwhile to legally—over 300 million entries—and going to be seeking the approval for ad- point out so people have a very full un- we are looking for those few who seek ditional resources. We think we can derstanding of the process. to come in here to do us harm. We are compete for the necessary funding with Mr. DOMENICI. I thank the Sen- looking for a needle in a haystack, so the homeland security issues within it. ators. S2918 CONGRESSIONAL RECORD — SENATE April 18, 2002 The PRESIDING OFFICER. Who I thank the Senator. two planes into the World Trade Center yields time? Mr. BYRD. Well, the Senator is cor- towers and gone on to meet their eter- The Senator from West Virginia. rect. There will be a lot of eyes looking nal destiny. Mr. BYRD. Mr. President, before the toward the Senator from New Mexico Clearly INS has not been up to the distinguished Senator from New Mex- and toward me, and the other 27 mem- job of monitoring foreign students, ico leaves the floor, I say to the Sen- bers of the Senate Appropriations Com- and, in its current condition, placing ator from New Mexico, he has made a mittee, when it comes time to put the new burdens on that agency alone is no very important observation. money on the barrelhead. solution. Therefore, as we look at our I am going to vote for this bill. But But having said that, I am going to Nation through the prism of the new we do not have a CBO estimate of the vote for this bill. I am still going to realities of terrorism, we must recon- cost. We have no estimate of the cost. seek a CBO estimate of the cost be- sider ways to involve those who have There is an estimate by the Immigra- cause I think that would be helpful in the best opportunity to prevent at- tion and Naturalization Service. Now, the coming days as we proceed to the tacks. We need the assistance of our that may be off a great deal or it may conference and then to the conference educational institutions. not be off a great deal. report, and so on. In recent years, efforts to impose I think it is important to keep in AMENDMENT NO. 3161 more stringent reporting requirements mind what the distinguished Senator on schools have faltered because edu- from New Mexico has pointed out. (Purpose: To revise provisions relating to the compliance by institutions and other enti- cational institutions have been reluc- There is a great difference between au- ties with recordkeeping and reporting re- tant to get into the job of monitoring thorizations and appropriations. And it quirements with respect to nonimmigrant foreign students. In fact, colleges and is the money that counts. Cicero, that students and exchange visitors) universities have lobbied heavily great Roman orator, said: ‘‘There is no Mr. BYRD. Mr. President, the oppor- against such requirements, and the fortress so strong that money cannot tunity to seek a quality higher edu- current lack of a national program to take it.’’ So it is the money that cation has long enticed men and monitor foreign students indicates the counts. And the Senator has made an women to leave their homelands to effectiveness of that lobbying effort. important observation. I made that ob- travel to America. The pending legislation takes some servation, too, early on. And I don’t We are, by and large, a generous Na- important steps toward closing many know what the estimate of the cost is tion when it comes to providing an of the loopholes in our foreign student going to be in here. We have certain es- education to foreign citizenry. Indeed, policies that could be exploited by a timates, the $1.1 billion for the first American colleges, universities, and potential terrorist. If the student mon- year, and the $3.2 billion—or something technical schools have opened wide itoring provisions in this bill are to be like that—$3.2 billion for 3 years. But their doors to students from foreign successful, however, we must ensure those are estimates. They are by the lands. And all levels of schooling are the participation of our schools. These Immigration and Naturalization Serv- available to foreign nationals of every institutions are best suited to inform ice. And, of course, that is not a great age—from preschool to post-graduate the INS and the State Department as bank to put your money into when the work, from public grade schools to pri- to which students have been accepted INS estimates it. We have seen that vate technical-training institutions. to attend a school, whether they actu- agency fall on its face so many times In fact, foreign students have proven ally show up for class once they enter in recent years. to be a lucrative source of revenue for the country on a student visa, and But, in any event, I thank the Sen- U.S. educational institutions. Private- whether they continue their classes or ator. merely drop out of sight after checking Mr. DOMENICI. Will the Senator sector analysts estimate that foreign students contribute between $9 billion in with the admissions office. yield for 1 minute? Monitoring the student via program Mr. BYRD. Yes. I would be glad to and $13 billion to the U.S. economy requires a partnership between the gov- yield. every year. Any number of marketing Mr. DOMENICI. A question along efforts are made by colleges and uni- ernment and all colleges, and technical with this observation: I say to the Sen- versities to recruit foreign students, schools that accept foreigners. The pending bill gives the INS and ator, it seems to me that what we do— whose tuition fees serve to bulk up col- the Secretary of State too much discre- and what we are doing in this crisis, lege budgets. tion in determining whether or not which is a very big crisis, with the As a result, we have opened our bor- these educational institutions should President putting large numbers of bil- ders to a stream of foreign students lions of dollars in homeland security with precious little oversight of their be penalized. Section 502(c) of this bill reads: and saying this is new money—we movement through the American edu- come along and pass bills that author- cational stream. According to the INS, EFFECT OF FAILURE TO COMPLY.—Failure of there are currently 2 million foreign an institution or other entity to comply ize the new programs that he is saying with the record keeping and reporting re- he wants new money for, but the truth students admitted to study in this quirements to receive nonimmigrant stu- of the matter is that very seldom are country—649,000 of whom were admit- dents or exchange visitor program partici- any existing programs that are being ted just last year. These include nu- pants under section 101(a)(15) (F), (M), or (J) paid for eliminated. clear engineering scholars, bio- of the Immigration and Nationality Act (8 So you are going to have a sub- chemistry students, and pilot-trainees, U.S.C. 1101(a)(15) (F), (M), or (J)) or Section committee of your Committee on Ap- who have access to sensitive tech- 641 of the Illegal Immigration Reform and propriations, maybe two, that are nology, training, and information. Immigrant Responsibility Act of 1996 (8 going to fund this authorization bill— Yet while our schools have been U.S.C. 1372), may, at the election of the Com- missioner of Immigration and Naturalization or maybe not, or maybe part of it; who training would-be pilots in the art of or the Secretary of State, result in the ter- knows? But the President had in mind flying airliners, we have been asleep at mination, suspension, or limitation of the in- canceling a whole bunch of programs in the switch! There has been too little stitution’s approval to receive such students order to pay for this. And the point I accountability, and too few checks, or the termination of the other entity’s des- make is, nobody helps with that part of largely because oversight has proven ignation to sponsor exchange visitor pro- the burden. Nobody carries any weight too burdensome and costly for the gov- gram participants, as the case may be. on trying to make room within the ernment and the U.S. educational in- What’s more, in section 502 of this Government. They just pass on to the dustry. bill, the ‘‘periodic reviews,’’ which the appropriators a very good, wonderful, The lax government oversight of INS Commissioner, Secretary of State, new set of authorizations that we have these student visa beneficiaries was un- and Secretary of Education are re- all passed, and we go home and tell our derscored by the fact that three of the quired to make to determine whether people it is going to help solve the cri- September 11 hijackers were awarded institutions are complying with this sis that is before us with reference to student visas—not to mention the fact legislation, are not defined. A ‘‘peri- taking care of our borders, which are that the INS was still processing the odic review’’ could mean every 5 years porous and should not even be called student visa applications for two of or it could mean every 20 years or it borders, they are so bad. them 6 months after they had crashed could mean every 50 years. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2919 That is very soft language. the foreign student has to qualify for had taking place is a system that, over My amendment would require re- the visa project at the current time. time, has gotten far too loose, and we views by the relevant agency heads at We have included some very important saw the effects of that on September least once every two years. Further, if requirements in this legislation be- 11, where a couple of these individuals they found that U.S. educational insti- cause this has been one of the great who came into the United States and tutions were materially not complying loopholes in our monitoring of who did this operation, this horrific thing with the reporting requirements in this comes into this country and who does that happened, came in under student bill, my amendment would require the not. visas because they were looking for relevant agency heads to terminate or The State Department must first re- weaknesses in the system to get into suspend, for at least one year, the right ceive the electronic evidence of the ac- the United States in a less restrictive, of those institutions to accept foreign ceptance from an approved U.S. insti- reviewed area. So that is why this has students. tution prior to issuing a student visa. been at the very heart of this bill. This amendment makes clear the se- The State Department must inform the Senator BYRD puts in a good provi- rious concern about this Nation’s abil- INS that a visa has been approved. The sion. There have been sporadic reviews ity to help foreign students while also INS must inform the approved institu- by the Government of the educational protecting our homeland. Educational tion the student has been admitted institutions to see that they are doing institutions are essential partners in into the country, and then the ap- this right, that they are taking the our efforts to ensure that foreign stu- proved institution must notify INS program seriously and not just finding dents really are ‘‘students’’ with no when the student has registered and some way of being able to bump up other agenda but learning. enrolled. If the student doesn’t report their student account and the number I thank Senators KENNEDY, for class, the school must notify the of students coming to the United BROWNBACK, FEINSTEIN, and KYL for INS of this absence not later than 30 States. We will have a regular report- their support of this amendment. I days after the deadline for the classes. ing requirement and we will be able to hope that the Senate will adopt it. So the colleges and universities have monitor this much more closely. It Mr. President, I have made my state- to develop that kind of system in order should not inhibit legitimate students ment prior to calling up the amend- to be qualified for these programs, from coming here, nor the institutions ment. I ask unanimous consent that which is enormously important and a that are legitimate and serious about the time I have consumed in reading very significant, dramatic change from what their projects are. It will be a bit my statement come out of my time on the current situation. more of a hindrance to those looking to the amendment. Currently, there are sporadic inspec- increase their foreign student accounts The PRESIDING OFFICER. Without tions of the universities. So now the and, hopefully, it will help us to get at objection, it is so ordered. Byrd amendment comes along and those students who are here to do us Mr. BYRD. Mr. President, I send the says, well, what you have in here looks harm. amendment to the desk. good on paper, but what we take note I urge adoption of this amendment. The PRESIDING OFFICER. The of is the fact that, even if it is good on The PRESIDING OFFICER. The Sen- clerk will report. paper, the INS, in its history, has been ator from California is recognized. The legislative clerk read as follows: sporadic in inspecting and finding out Mrs. FEINSTEIN. Mr. President, this The Senator from West Virginia [Mr. whether the schools and colleges are amendment actually came into the bill BYRD] proposes an amendment numbered doing what they said and what they are from the original parts of the bill, Sen- 3161: supposed to do. That has been true. ator KYL’s and my investigations from On page 49, beginning on line 4, strike This tightens that provision up in a the Terrorism and Technology Sub- ‘‘The’’ and all that follows through ‘‘re- very important way. committee. What we found is the stu- views’’ on line 7 and insert ‘‘Not later than If there is a material breach, then dent visa program was greatly in dis- two years after the date of enactment of this there will be a suspension of that insti- array. We found that we have about Act, and every two years thereafter, the Commissioner of Immigration and Natu- tution from being able to receive the 660,000 students coming in a year, and ralization, in consultation with the Sec- foreign students. So I believe it is there is no tracking of any of them. retary of Education, shall conduct a review’’. going to make a very important dif- Nobody knows whether they are really On page 49, lines 22 and 23, strike ‘‘The Sec- ference in terms of compliance with at a school. retary of State shall conduct periodic re- one of the most important aspects of Up to this point, the schools have had views’’ and insert ‘‘Not later than two years this legislation, which is understanding no responsibility to report that a stu- after the date of enactment of this Act, and the students who are coming here, dent has arrived, that a student is tak- every two years thereafter, the Secretary of monitoring the students when they are ing this or that course and, yes, that State shall conduct a review’’. the student has stayed in school. So I On page 50, line 16, strike ‘‘(c) EFFECT OF here, knowing when the students are FAILURE TO COMPLY.—Failure’’ and insert leaving, and if the students are not at- think Senator BYRD’s amendment ‘‘(c) EFFECT OF MATERIAL FAILURE TO COM- tending the schools, having access to strengthens what is already in the bill. PLY.—Material failure’’. that kind of information as well. I think it makes it a better bill. We in- Beginning on page 50, line 24, strike ‘‘may’’ I thank the Senator from West Vir- tend to follow up on this. Senator KEN- and all that follows through the period on ginia for the amendment. What it does NEDY and I have discussed it. We intend line 5 of page 51 and insert the following: is put real teeth into this provision to see, in fact, that the schools do keep ‘‘shall result in the suspension for at least which we had worked out in the com- their word and do, in fact, do the re- one year or termination, at the election of the Commissioner of Immigration and Natu- mittee to achieve the kind of oversight porting they are required to do under ralization, of the institution’s approval to the INS has not had up to this time. this legislation. receive such students, or result in the sus- Mr. BYRD. Mr. President, I thank The PRESIDING OFFICER. The Sen- pension for at least one year or termination, the Senator for his statement. ator from Arizona. at the election of the Secretary of State, of The PRESIDING OFFICER. The Sen- Mr. KYL. Mr. President, Senator the other entity’s designation to sponsor ex- ator from Kansas is recognized. FEINSTEIN and I were upstairs a mo- change visitor program participants, as the Mr. BROWNBACK. Mr. President, I ment ago during the time allotted for case may be.’’. urge my colleagues, as well, to support discussion of the bill in general. Let me The PRESIDING OFFICER. The Sen- the Byrd amendment. The reasons have take a couple of minutes, if I could, to ator from Massachusetts is recognized. been stated by both Senators BYRD and express my support also for the amend- Mr. KENNEDY. Mr. President, I will KENNEDY. I think the important thing ment pending that Senator BYRD of- urge our colleagues to support this to look at and see here is that we have fered. As Senator FEINSTEIN said, it amendment for the excellent reasons a number of foreign students in the will strengthen what we are trying to that the sponsor gave in support and in United States, and this has been a very do with the student visa program. justification of the amendment. positive thing, overall, for the United Mr. President, the Judiciary Com- There are now 26,000 universities and States and for the rest of the world. I mittee has a couple of subcommittees schools that can effectively approve a don’t think anybody would disagree of jurisdiction. Senator KENNEDY and foreign student to come and study. But with that statement. Yet what we have Senator BROWNBACK are the chairman S2920 CONGRESSIONAL RECORD — SENATE April 18, 2002 and ranking member of the Immigra- the school zone at 15 miles an hour and Chamber in opposition to them. Pos- tion Subcommittee, and I have the the little girl runs out behind the sibly we could adopt these together as honor of serving on that committee, as parked cars. She gets hit, and we feel one. Of the ones I have looked at, they does Senator FEINSTEIN. She chairs and terrible, but what could we do about it? appear to look quite good. My hope is I am ranking member of the Terrorism That is why we set about trying to fig- to complete them quickly. If we need Subcommittee. So we have had the ure out what we could do about it. to do it at 7:15 p.m., fine, and we can do ability in both of these subcommittees One provision is to tighten up the them possibly altogether. to hold hearings and to discover after student visa requirements. Without Mr. BYRD. I think it will work out September 11 areas in which we can im- going into anything further, I think it all right if we just proceed. prove our immigration laws to make it sets the stage for what we are trying to I ask unanimous consent, Mr. Presi- much more difficult for terrorists to accomplish and trying to close some of dent, that the vote on this amendment enter this country or to stay here ille- these loopholes, how we hope it will occur at the expiration of the time on gally. have some good, positive effect—not all the amendments with the yielding This legislation is designed to close the overall answer to terrorism, but it back of that time and yielding back or as many of those so-called loopholes as will help to some extent. making final statements on the bill, if we can. I think it is a good effort in As I said, the amendments Senator that is agreeable with the cosponsors. that regard. Each of the amendments BYRD offers strengthen the bill. I am The PRESIDING OFFICER. Without that will be offered by Senator BYRD, supportive of them, and I hope we can objection, it is so ordered. in one way or another, strengthens the get to final passage. Mr. BYRD. Mr. President, I ask for bill we have already offered. The PRESIDING OFFICER. Who the yeas and nays on the pending I wanted to make two quick com- yields time? amendment. ments. Eighteen of the terrorists who Mr. BYRD. Mr. President, if it is The PRESIDING OFFICER. Is there a entered the country and flew airplanes agreeable with Senator KENNEDY and sufficient second? into the World Trade Center, the Pen- the other cosponsors of the amend- There appears to be a sufficient sec- tagon, and into the ground in Pennsyl- ment, I will yield back the remainder ond. vania came in using B–1, B–2 tourist of my time on the amendment. Some The yeas and nays were ordered. Senators have been promised that visas. According to the Department of AMENDMENT NO. 3162 there will be no votes until about 7:15 State, 47 foreign-born individuals, in- Mr. BYRD. Mr. President, I send to p.m. If it is agreeable with all the co- cluding these 19, have been charged the desk the second amendment, and I sponsors, I will be happy to ask unani- with, pled guilty to, or been convicted ask that the clerk read the amend- mous consent that the vote on this of involvement in terrorism over the ment. amendment occur upon the expiration past decade. All 47 of these people had The PRESIDING OFFICER. The of all time on the amendments and fur- contacts with an INS inspector. Yet, clerk will report. ther statements can be made in regard somehow, they were able to get into The legislative clerk read as follows: to the bill so that the votes would be the country. The 19th of the 19 was The Senator from West Virginia [Mr. stacked for beginning, say, around 7:15 Hani Hanjour. He entered the country BYRD] proposes an amendment numbered p.m. 3162. on an F1 student visa, the subject of The PRESIDING OFFICER (Mr. DAY- (Purpose: To require as a condition of a the specific amendment now before us. TON). The Senator from Massachusetts. He supposedly came here to attend Mr. KENNEDY. Mr. President, stack- country’s designation or continued des- ignation as a program country under the classes and study English. He never ing the votes is fine with me. I would showed up for class. The school did not Visa Waiver Program that the country re- rather have our colleagues available so ports to the United States Government the notify the authorities that he never at- that we can move along. It is just 6 theft of blank passports issued by that tended classes. He overstayed his visa o’clock now. Maybe my cosponsors country) and just melted into our society. want to spend time describing the Beginning on page 32, strike line 23 and all Another example of one of the terror- amendments. I do not think so. I know that follows through line 5 on page 33 and in- ists, Mohamed Atta, came in on a tour- Senator FEINSTEIN has not had a sert the following: ist visa. According to several sources, chance to address the whole issue as a (a) REPORTING PASSPORT THEFTS.—Section he was placed on the FBI watch list 6 prime sponsor. It seems to me we 217 of the Immigration and Nationality Act weeks before the terrorist attacks. But should be able to consider these amend- (8 U.S.C. 1187) is amended— (1) by adding at the end of subsection (c)(2) his name was never entered into INS’s ments in a timely manner. I would like system. Before his visa expired in De- the following new subparagraph: to see if we can move the votes to prior ‘‘(D) REPORTING PASSPORT THEFTS.—The cember of 2000, Atta actually went to to 7:15 p.m. If the leader set that time, government of the country certifies that it the INS to change his status to that of then that will be the time, but I hope reports to the United States Government on student. After December of 2000, even we can make progress prior to that a timely basis the theft of blank passports without the information that showed time. issued by that country.’’; and his placement on a watch list, he The PRESIDING OFFICER. The Sen- (2) in subsection (c)(5)(A)(i), by striking ‘‘5 should not have been allowed to reen- ator from Kansas. years’’ and inserting ‘‘2 years’’; and ter the country. Mr. BROWNBACK. Mr. President, if (3) by adding at the end of subsection (f) Yet, on June 3, 2000, at Newark Inter- we stack these votes, I certainly think the following new paragraph: ‘‘(5) FAILURE TO REPORT PASSPORT national Airport on a Czech Air flight our colleagues will appreciate that. I THEFTS.—If the Attorney General and the from Prague, after being questioned by believe there is going to be, if I under- Secretary of State jointly determine that INS for an hour, he was admitted back stand the intention of the Senator the program country is not reporting the into the United States. from West Virginia and the amend- theft of blank passports, as required by sub- My point of illustrating with these ments he is putting forward, broad section (c)(2)(D), the Attorney General shall two examples is to point out that the agreement amongst the cosponsors of terminate the designation of the country as INS had contact with all of these peo- the amendments. a program country.’’. ple. They clearly should have been All of these are strengthening Mr. BYRD. Mr. President, I yield caught, but they were not caught be- amendments. I see no reason why we such time as I may consume from my cause the INS officials either did not cannot do all of the amendments to- time on the amendment. have the information they should have gether in an expedited fashion. What The PRESIDING OFFICER. The Sen- had or for some other reason did not the Senator is doing is really making ator is recognized. ask the right questions. the bill better. I do not know if it is Mr. BYRD. Mr. President, in my tes- Mary Ryan, who is one of the people possible, but if we could do it, we could timony before the Immigration Sub- who testified before Senator FEIN- have a limited number of votes for committee last week, I spoke about the STEIN’s subcommittee—her title is As- which we would call our colleagues safety of the American people and how sistant Secretary for Consular Affairs, back. that safety within their own borders Department of State—actually said: we These are good amendments. I do not often takes a back seat to such issues felt like the woman driving through anticipate anybody coming to the as commerce and diplomacy. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2921 The visa waiver program, I believe, is The PRESIDING OFFICER. The Sen- have been articulated by the Senator a clear example of what I was talking ator from Massachusetts. from West Virginia and the Senator about. Mr. KENNEDY. I urge our colleagues from Massachusetts. The program allows 23 million citi- to support this amendment as well. It I wish to focus on the final point that zens from 28 countries to enter the strengthens an important provision in Senator KENNEDY put forward with an United States without first obtaining a the legislation. The Senator has out- exclamation mark. This is an impor- visa from a U.S. consulate abroad. This lined what the visa waiver program is, tant program. The visa waiver program program, by eliminating the visa re- available now to 28 different countries. has certainly been a very valuable one quirement and the subsequent State Why the visa waiver? It was the judg- for the countries that work closely Department background check, expe- ment and the determination that if 2 with the United States. They like it. A dites travel and commerce, but waives percent, or less than 2 percent, of the number of people who travel really like the usual first step by which foreigners visa applications were going to be re- and appreciate it, and yet in some are screened for admissibility when jected, then it probably made sense in places we are having thefts, losses of seeking to enter the United States. terms of the efficiency to grant a visa passports with which people can pene- Consequently, in a 1999 study, the waiver to that particular country. trate our borders. That has not been as Justice Department’s Office of the In- These are generally our oldest allies forcefully enforced by other countries spector General found that terrorists, and friends as nations. A country has on this visa waiver provision. criminals, and alien smugglers have at- to stay at 21⁄2 percent in order to stay Now, with the Byrd amendment re- tempted to gain entry into the United in the program. Six countries a year is quiring an every 2-year review, if they States through the waiver program. the general rule. are not enforcing this provision when The inspector general’s office also com- So what the Senator’s amendment there is a loss or a theft of a passport, mented on the danger of stolen pass- does is it says, look, given the changed it is not being reported aggressively, ports from visa waiver countries being circumstances that exist in the world, there is a real hammer here: No more used by terrorists to enter the United at least every 2 years we want to see visa waiver. States without a visa. countries reviewed. This is certainly I rather imagine there are a number It has been noted that in 1992 one of supportable. of countries that are in this visa waiv- the conspirators in the 1993 World One of the principal reasons, obvi- er program that do not like this Trade Center bombing tried to get into ously, in reviewing a country in terms amendment, but for us and for our se- the United States through the visa of a visa waiver, may be because there curity this is an excellent provision waiver program with a fake Swedish are national security issues that are given the world of today. If this were passport. Fortunately, he was caught, different. There may be law enforce- 10, 20 years ago and we did not have and a search of his luggage revealed ment issues that are different. If there quite the present threat on us of ter- bomb-making instructions. are security issues that are different, rorist attacks in the United States and In recent years, tens of thousands of then we would want to know it and people trying to slip through our bor- blank passports from visa waiver coun- know about it in a timely way. ders, one might say this is going to be tries have been stolen. These passports We have seen in recent times, a an added burden that maybe we should are sold on the black market to terror- month ago, Argentina was dropped not have. But given the situation we ists, criminals, and anyone else who from the visa waiver program because are in today, I think we would have may wish to avoid a State Department of the turmoil that exists there and the been wise to have had it 10 or 20 years background check before entering the enormous numbers of people who were ago. It is clearly a needed provision, United States. and it will cause people who are work- While only countries deemed ‘‘low- leaving with very little intention per- haps of returning. So the amendment ing closely with the United States, risk’’ are allowed to participate in the that have this visa waiver, they will visa waiver program, and they must of the Senator will ensure that the visa scrutinize their practices more closely meet certain qualifications, the Attor- waiver program will carry forward its and report these passports if they have ney General is only required to review real intention, and it will be carefully reviewed every 2 years with the idea been stolen. these countries’ participation once This is an excellent strengthening every 5 years. Moreover, the Attorney that the review, which will be by the State Department and the Attorney provision. I urge my colleagues to sup- General is not required to consider the port it as well. efforts to prevent theft when deter- General, will look at the country and see if there are new issues of security The PRESIDING OFFICER. Who mining whether to accept the country yields time? into or allow the country to continue that may pose a potential threat to the United States. If they do, they can The Senator from West Virginia. to participate in the visa waiver pro- Mr. BYRD. I yield back the remain- take the action of removing the coun- gram. der of my time. I ask unanimous con- try, or make other recommendations. My amendment would require the At- sent that the vote on this amendment The second feature of this amend- torney General to review the countries occur immediately after the vote on ment, which is enormously important, that participate in the visa waiver pro- the student monitoring amendment. is the requirement that we are going to gram at least once every 2 years to The PRESIDING OFFICER. Without have the report of stolen passports. help ensure that those countries con- objection, it is so ordered. tinue to meet the programs’s stand- That has been a very slipshod process Mr. BYRD. Mr. President, I ask for ards, and it also requires the Attorney in the past. The Byrd amendment puts the yeas and nays on the amendment. General to remove countries from the teeth into that provision. If the coun- The PRESIDING OFFICER. Is there a program that do not report stolen pass- tries themselves are not going to be re- sufficient second? ports. I am hopeful that my amend- porting these stolen passports, they There appears to be a sufficient sec- ment will foster the kind of review will no longer be participating in this ond. that will result in greater scrutiny of favored position in terms of the visa The yeas and nays were ordered. this program and of those who enter waiver. The PRESIDING OFFICER. Does the the country through it. Getting a handle on stolen passports Senator from Massachusetts yield back This is a commonsense amendment, is enormously important. It is going to the remainder of his time? and I hope that Senators will support be even more important as we move on Mr. KENNEDY. I yield back all of the it. into the future. This amendment time. I have discussed it with Senator KEN- makes sense. I hope our colleagues will The PRESIDING OFFICER. The Sen- NEDY, and he in turn has discussed it support it. ator from West Virginia. with the other authors of the bill and I The PRESIDING OFFICER. The Sen- AMENDMENT NO. 3163 hope that all Senators will support the ator from Kansas. Mr. BYRD. I now offer a third amend- amendment. I believe it to be a good Mr. BROWNBACK. Mr. President, I ment. I anticipate we could have a one, a very worthwhile amendment. urge my colleagues to support this sec- voice vote on this amendment, unless I yield back the remainder of my ond Byrd amendment. It is a strength- enough Senators wish to have a rollcall time. ening amendment, for the reasons that vote. S2922 CONGRESSIONAL RECORD — SENATE April 18, 2002 I send the amendment to the desk. correct about that. . . . As to precisely how gressive dates set in the overall bill. A The PRESIDING OFFICER. The long it will take to get those [systems] on- number of our colleagues involved in pending amendment is laid aside. The line, there is not a good specific answer, nor the negotiation said: We realize this clerk will report. is there an answer as to when we can have the interoperable system developed, which is may be aggressive, but we need to push The legislative clerk read as follows: one of the central features of the bill. it because this is such an important The Senator from West Virginia [Mr. These dates are not based on the issue. A lot of people within the execu- BYRD] proposes an amendment numbered tive branch were saying: I don’t know 3163. availability of technology, or even pro- jections about the availability of tech- that we can meet this deadline. The amendment is as follows: nology. Nor are they based on any real- This amendment will be well received (Purpose: To substitute October 26, 2004, for istic expectation about the availability by a number of people who believed the October 26, 2003, for the achievement of re- of funding. As far as I can tell, these time deadlines put forward in the origi- quirements with respect to machine-read- nal bill were just too aggressive to be able, tamper-resistant entry and exit docu- deadlines are based solely on the fact that the USA PATRIOT Act was signed accomplished. This will set a far more ments) realistic date as to when we accomplish On page 25, line 21, strike ‘‘October 26, into law on that same day in 2001. I appreciate the notion that, without it. I know people in the executive 2003’’ and insert ‘‘October 26, 2004’’. branch will try to do this as quickly as On page 26, lines 12 and 13, strike ‘‘October deadlines, it is difficult to press the 26, 2003’’ and insert ‘‘October 26, 2004’’. agencies to act expeditiously. But, possible. They are clearly going to be On page 26, lines 24 and 25, strike ‘‘October when this deadline comes and goes, and far more comfortable with this date as 26, 2003’’ and insert ‘‘October 26, 2004’’. the Attorney General and the Sec- being more realistic, one that can be On page 28, line 2, strike ‘‘October 26, 2003’’ retary of State have not met these accomplished. and insert ‘‘October 26, 2004’’. goals, the public will have reason to be- For those reasons, I urge my col- On page 28, line 16, strike ‘‘October 26, leagues to support this Byrd amend- 2003’’ and insert ‘‘October 26, 2004’’. come disillusioned with our efforts to tighten our border defenses. Consid- ment to the bill. Mr. BYRD. Mr. President, I yield my- ering the public’s current skepticism The PRESIDING OFFICER. The Sen- self such time as I may consume of the regarding the INS and its ability to ator from Arizona. time allotted to me on the amendment. safeguard our borders, I suggest that Mr. KYL. I have a different take on The PRESIDING OFFICER. The Sen- we be careful about committing our it. I urge my colleagues to support this ator is recognized. border defense agencies to deadlines amendment, but I think we need to Mr. BYRD. Mr. President, as we that they cannot meet. send a message to the INS that it can’t strive to respond to the new challenges Under the regular appropriations be business as usual any longer and of terrorism, we must be cognizant of process, Congress cannot make the nec- that instead of a ‘‘can’t do’’ attitude, the essential component of public essary funding available to the agen- they have to have a ‘‘can do’’ attitude. trust. Without the confidence of the cies before October 1, 2002, and that as- I personally spoke with Governor people, our efforts to improve domestic sumes that all 13 appropriations bills Ridge about this deadline and asked security, including our efforts to tight- are completed on time, by the end of him what he thought. He said: Let me en our border defenses, cannot succeed. the fiscal year. Even if the bills are get back to you. When he did get back To help ensure that we do not under- completed on time, it could still take to me, he said: We have to move for- mine the public’s confidence in our ef- months before funds are released to the ward as quickly as possible. I support forts to secure our borders, we must set agencies to meet these mandates. the date that Senators KENNEDY, realistic mandates—that is, guidelines With the support of Senator KEN- BROWNBACK, and FEINSTEIN and I and time frames that are measurable NEDY, I am offering an amendment that agreed upon. We have to show the and achievable. would move the October 26, 2003, dead- American people we will get on with This bill, in two separate instances, lines back by one year to October 26, this and the delay will no longer be ac- sets an October 26, 2003, deadline for 2004. This amendment allows the Con- ceptable. the Attorney General and the Sec- gress more time to appropriate the nec- Senator BROWNBACK is correct when retary of State to meet two separate essary funds, and help to ensure ade- he says that this will make some peo- mandates. quate time for the State and Justice ple a lot happier. There were people Section 303(b)(1): Departments to meet these deadlines. who were saying: We are not sure we Not later than October 26, 2003, the Attor- Our efforts to tighten our border de- can meet this deadline in the bill. To ney General and the Secretary of State shall fenses will require the long-term sup- that extent, the amendment of the issue to aliens only machine-readable, tam- Senator from West Virginia will be per-resistant visas and travel and entry doc- port of the American people. It is an ef- fort that will require the trust and con- well received. uments that use biometric identifiers. I want to make it clear, we are not Section 303(b)(2): fidence of the American people. We should not place that trust at risk by sending a signal by agreeing with the Not later than October 26, 2003, the Attor- setting deadlines we know to be unreal- Senator from West Virginia tonight— ney General, in consultation with the Sec- istic. So it is for that reason Senator and I know he doesn’t mean to, either, retary of State, shall install at all ports of as I understand this amendment—be- entry of the United States equipment and KENNEDY and I and the other authors of software to allow biometric comparison of this amendment have worked together cause we have decided it is OK to sit all United States visas and travel and entry to fashion this amendment. I urge back and relax because we have extra documents issued to aliens, and passports adoption of this amendment. time. It is simply a reflection of the issued pursuant to subsection (c)(1). I yield the floor. fact that it will not be easy. It will A third October 26, 2003, deadline ap- The PRESIDING OFFICER. The Sen- take time. Nobody knows for sure ex- plies to visa waiver countries issuing ator from Kansas. actly how much. However, all five of to their nationals machine-readable Mr. BROWNBACK. Mr. President, I us, I am sure I can say, are strongly of passports that are tamper-resistant rise in support of the Byrd amendment. the view that we have to get on with and that incorporate biometric identi- This is a positive amendment in the this. Business as usual is not going to fiers. overall bill, it is appropriate, and it cut it. I question whether the Attorney Gen- was the topic of a great deal of discus- The good news is that while tech- eral and the Secretary of State will be sion previously as we were putting to- nology may be a little more difficult to able to meet these deadlines. When I gether this bill overall. The bill, in its implement in the very beginning, and a asked one of the authors of this bill, design, had a number of people working little costly, in the long run it will be Senator KYL, about this deadline dur- together to try to figure it out. One of both cheaper and much more efficient ing the floor debate on Monday, Sen- the most contentious issues was this in enabling analysis of the data in this ator KYL said: issue about the time deadline in which huge country of ours with all of the The Senator from West Virginia raises a we would be able to accomplish these millions of people who come into it by good question with respect to those dead- biometric identifiers. visas and other means. The technology lines. Frankly, on two of the three, there is The administration had a great deal will help enforce the provisions of this no good answer. The Senator is absolutely of concern about meeting the very ag- bill and other legislation on the books. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2923 Technology will be the answer even- very carefully. We have to depend on to our immigration officials. This tually. It will take time to get going. the fact that the strictures in this bill amendment would increase this pen- But by agreeing to the amendment of are meant to be carried out. alty to $1,000 for each person that a the Senator from West Virginia, I can I, for one, would not have a problem commercial carriers fails to list accu- speak for everyone by saying to those with doing away with the program if rately on the passenger manifest. folks who have to implement it, we do we find any more irregularities in it. Airlines and sea carries must be more not mean for you to relax; we mean for We have actual instances where terror- than a passive conduit for information you to get on with it. We have to do ists have used this visa waiver pro- between ticket agents and our border our part by giving you the resources to gram. We know 100,000 passports were defense agencies. We need the commer- do it. missing. We know they were not re- cial carriers that bring people to this I urge my colleagues to support the ported in a timely way. This bill re- country to be partners in identifying amendment. quires, first of all, the thefts of pass- persons who might have suspicious The PRESIDING OFFICER. The Sen- ports, or that passports are missing, be travel documents or travel plans. ator from Massachusetts. reported immediately. Then the INS, Increasing the fine for noncompli- Mr. KENNEDY. Mr. President, I, too, within 72 hours, would have to enter ance is one way to emphasize to com- hope our colleagues will support the them into an interoperable database, mercial carriers that they have an im- amendment. There really is not any assuming we get to that interoperable portant role in border security. difference in the views that are being database. Until that system is estab- This amendment has the support of shared on the Senate floor this lished, the INS would enter the infor- the managers of the bill and I urge my evening. That is, we want to get the mation into an existing data system. colleagues to support it. best technology, and we want to then I, for one, am going to ask my staff I yield the floor. get a process so that it can be utilized to watch very carefully as to how these The PRESIDING OFFICER. The Sen- effectively in order to protect our secu- passport numbers get entered, and I ator from Massachusetts. Mr. KENNEDY. Mr. President, I yield rity. will try to do my level best to see it is I want to give assurances to those myself such time as I may use. carried out. If it is not, I think we will I support the amendment. I think it who favor the earlier date that our have to go back and assess the wisdom committee will be meeting with the demonstrates support for a very impor- of this entire program. tant provision in the legislation, and Commissioner, with Mr. Ziglar, and we I yield the floor. that is for the INS to receive the mani- welcome other colleagues, to try to Mr. BYRD. Mr. President, I am happy fests of those who are coming into the monitor this as aggressively as we pos- to yield the remainder of my time. United States in a timely fashion. It sibly can. This is the final date, but it Mr. KENNEDY. I yield back the re- demonstrates, by increasing the pen- is certainly the sense here for the INS mainder of my time. to understand we want it done as early The PRESIDING OFFICER. All time alty, that we are serious about this as possible. But we want to make sure is yielded back. issue. The American carriers, as I under- it is complete, and we are going to The question is on agreeing to the stand it, do this regularly, routinely. have the best technology. Then we are amendment. In any event, there are a number of going to have the best technology in The amendment (No. 3163) was agreed carriers that do not. What the amend- terms of the implementation of the to. ment does is underline the importance legislation. Mr. BYRD. Mr. President, I move to of this function and establishes the se- We give assurance to our colleagues reconsider the vote. riousness with which we take this func- that our committee will monitor this Mr. BROWNBACK. I move to lay that tion of information by increasing the very carefully and periodically give re- motion on the table. penalty. I think it helps the legislation ports back to the Senate because this The motion to lay on the table was and I support it. is enormously important. agreed to. The PRESIDING OFFICER. The Sen- What we are basically saying is with AMENDMENT NO. 3164 ator from Kansas. 550 million people moving in and out of (Purpose: To increase the penalty for non- Mr. BROWNBACK. Mr. President, the United States, there is a limited compliance with the requirements to pro- this is another strengthening amend- vide manifest information) number who pose a security threat. ment. We have teeth in this provision. Mr. BYRD. Mr. President, I send an The immigrants are not the danger, They get bigger with the Byrd amend- amendment to the desk. terrorists are the danger. We have to ment. I think that is a good provision The PRESIDING OFFICER. The be able to use that knowledge to detect for us on the prearrival of aircraft com- clerk will report the amendment. them. We have great opportunities to ing into this country. For whatever The senior assistant bill clerk read as do it. We want to get the right tech- reason, we have had some difficulty follows: nology and implement it and we want with airlines providing this manifest to do it in the shortest possible time. The Senator from West Virginia [Mr. ahead of time. This is going to make This legislation will establish send- BYRD] proposes an amendment numbered 3164: this a more significant penalty. ing that message. I agree with those We need to have this information. We who say we want to get started, we On page 39, line 25, strike ‘‘$300’’ and insert ‘‘$1,000’’. should have this information ahead of want to get it done right, but we have time. This is a key security issue. It is altered the date to take into consider- Mr. BYRD. Mr. President, I yield my- part of this extension to try to deal ation those who believe we would not self such time as I may require. with terrorists trying to enter our have done the right job if we had the The PRESIDING OFFICER. The Sen- land. earlier date. We think this makes ator is recognized. This is a good strengthening amend- sense, and we hope colleagues will sup- Mr. BYRD. Mr. President, the border ment. I urge my colleagues to support port the amendment. security bill before the Senate requires it. Mrs. FEINSTEIN. Mr. President, I ships and aircraft entering the United I congratulate and thank the Senator rise to join my colleagues supporting States to provide to our immigration from West Virginia once again for help- this amendment. There is one thing I officials a manifest of all passengers ing to make what I think is a good bill would like to point out. I have serious and crew on the vessel before they ar- better. concerns about the visa waiver pro- rive in U.S. ports. If a commercial car- I yield the floor. gram. I have concerns about its wisdom rier fails to do so, this bill imposes on Mr. BYRD. Mr. President, I yield the in the first place. the carreer a $300 fine for each person remainder of my time on this amend- When you have 23 million people not mentioned, or for each person in- ment. coming in without visas, from 29 dif- correctly identified, in the manifest. Mr. KENNEDY. Mr. President, I yield ferent countries, it becomes so easy for This penalty is wholly inadequate in my time. passports to be misplaced and for peo- my judgment. It is really a slap on the The PRESIDING OFFICER. The ple who are threats to get into this wrist for an airline or sea carrier that question is on agreeing to the amend- program. I think we have to watch it fails to provide important information ment. S2924 CONGRESSIONAL RECORD — SENATE April 18, 2002 The amendment (No. 3164) was agreed Security and Visa Entry Reform Act. lookout committees within each U.S. to. This bill mirrors S. 1749, which Senator mission abroad, to ensure that con- Mr. KENNEDY. Mr. President, I KENNEDY introduced with Senators sular officials receive updated informa- thank the Senator from West Virginia FEINSTEIN, BROWNBACK, KYL, and oth- tion on known or potential terrorists for the study that he has given to this ers. I am one of 58 cosponsors of S. 1749, in the Nation where they are stationed. issue, and for the recommendations which has commanded extraordinary Third, the bill will foster information that he has made on this legislation. bipartisan support and the sponsorship sharing between other Government We are urging our colleagues to sup- of most of the members of the Judici- agencies and the State Department and port this. ary Committee, from which H.R. 3525 INS, and shorten the deadline estab- I thank him for his cooperation and was discharged. Indeed, this bill re- lished in the USA PATRIOT Act to de- for the seriousness which he has given flects the results of sustained bipar- velop a technology standard to identify to this legislation. I thank him. tisan negotiation, and represents the visa applicants. Mr. President, under the consent consensus view of Senators across the Fourth, the legislation requires all agreement we still have the additional ideological spectrum. In other words, commercial vessels or aircraft entering item; that is, the managers’ amend- this is legislation the Senate should or departing from the United States to ment. I ask that we now proceed to the pass without delay. provide complete passenger manifests. consideration of the managers’ amend- As a Senator from Vermont, I know Fifth, this bill would substantially ment. what a serious issue border security is. strengthen existing law for the moni- Mr. BYRD. Mr. President, will the For too long, Congress has taken a toring of foreign students. The Govern- distinguished Senator yield for a ques- haphazard approach to border security, ment would be required to collect addi- tion prior to proceeding? meeting many of the needs of our tional information about student visa Mr. KENNEDY. Yes. southwest border but neglecting our applicants, and educational institu- Mr. BYRD. Mr. President, I move to border with Canada. Since the terrorist tions would be obligated to report visa reconsider the vote on the previous attacks of September 11, we have taken holders who did not appear for classes. amendment. a far more comprehensive approach. In addition, the INS Commissioner Mr. BROWNBACK. Mr. President, I Congress took its first steps to would perform periodic audits of edu- move to lay that motion on the table. strengthen our borders in the USA PA- cational institutions entitled to accept The motion to lay on the table was TRIOT Act, which authorized tripling foreign students. agreed to. the number of Border Patrol personnel, I will vote for this bill because it will AMENDMENT NO. 3160 INS Inspectors, and Customs Service help protect our Nation and our bor- Mr. KENNEDY. Mr. President, I send agents serving along our northern bor- ders. More than ever since September an amendment to the desk. der, and $100 million in funding for im- 11, those issues are fundamental prior- The PRESIDING OFFICER. The proved technology for the INS and Cus- ities for this Congress. I urge my col- clerk will report. toms Service’s use in monitoring the leagues to join me in supporting this The legislative clerk read as follows: border. As the author of those provi- bill, and look forward to its becoming The Senator from Massachusetts [Mr. KEN- sions, I am pleased that the adminis- law. NEDY], for himself and Mr. BROWNBACK, Mrs. tration has requested substantial in- Ms. CANTWELL. Madam President, FEINSTEIN, and Mr. KYL, proposes an amend- creases in funding for border security today we are considering legislation on ment numbered 3160. personnel. I urge the Congress not only one of the most important issues in our Mr. KENNEDY. Mr. President, I ask to fund this priority, but to ensure that fight against terrorism—how we can ef- unanimous consent that reading of the the northern border receives at least fectively secure our borders. amendment be dispensed with. half of any new supply of border secu- For me and for my State, one of the The PRESIDING OFFICER. Without rity enforcement officers. most critical things this bill does is to objection, it is so ordered. The legislation before us today builds build on our efforts last year to in- (The amendment is printed in today’s on the first steps taken in the USA PA- crease staffing at the border by author- RECORD under ‘‘Text of Amendments.’’) TRIOT Act to strengthen substantially izing annual staffing increases on the Mr. KENNEDY. Mr. President, I hope the security of our borders. It will fur- borders for each of the next 5 years. we will approve the managers’ amend- ther increase the number of INS In- Those of us who represent States ment. spectors and INS investigative per- along the northern border knew before The PRESIDING OFFICER. Is there sonnel, and authorize raises for Border September 11 that the northern border further debate on the amendment? If Patrol agents and inspectors so that we was woefully understaffed. While we not, the question is on agreeing to the can retain our experienced border secu- were able to double staffing across the amendment. rity officers, who have been so over- border last year, the northern border The amendment (No. 3160) was agreed worked over the past 7 months. The will need a yearly infusion of staff to to. bill also authorizes funding for training guarantee our security for the future. Mr. KENNEDY. Mr. President, I of INS personnel for more effective bor- This bill also incorporates many of move to reconsider the vote. der management, and for improving the ideas of our colleague from Cali- Mr. BROWNBACK. I move to lay that the State Department’s review of visa fornia, Senator FEINSTEIN, to create a motion on the table. applicants abroad. In addition, it au- workable entry and exit system and The motion to lay on the table was thorizes $150 million for the INS to im- better tracking of those in this country agreed to. prove technology for border security, on student visas, and I would like to Mr. KENNEDY. Mr. President, I un- another important follow-up to the thank her for her many years of work derstand that two rollcalls have been USA PATRIOT Act. on these issues. ordered. I ask unanimous consent that Beyond authorizing badly needed Finally, this bill is about better use it be in order to ask for the yeas and funding for our borders, this legislation of technology to provide the enhanced nays on final passage of H.R. 3525, the includes a number of important secu- security and border efficiency we need. underlying measure. rity provisions, a few of which I would But with every technological solution, The PRESIDING OFFICER. Without like to highlight today. First, it re- comes the very real risk that the tech- objection, it is so ordered. quires the Attorney General and Sec- nology could be misused to invade per- Mr. KENNEDY. I ask for the yeas and retary of State to issue only machine- sonal privacy. nays. readable and tamper-resistant visas, I have worked hard to make sure The PRESIDING OFFICER. Is there a and travel and entry documents using that provisions of this bill preserve the sufficient second? biometric identifiers, by October 26, right to privacy. As we come to rely There is a sufficient second. 2003. They must also have machines more on technology, including vol- The yeas and nays were ordered. that can read the documents at all untary programs that require our citi- Mr. LEAHY. Madam President, I am ports of entry by that date. zens to provide personal information to very pleased that the Senate is consid- Second, the bill requires the Sec- government agencies, we will need to ering H.R. 3525, the Enhanced Border retary of State to establish terrorist make very sure that we have sufficient April 18, 2002 CONGRESSIONAL RECORD — SENATE S2925 safeguards in place to protect how that Service agents on the border, raises vide the State Department and INS information is stored and used. their pay and improves their retire- with access to certain FBI databases. Many of the provisions of this bill are ment benefits, increases funding for During the debate on that bill there based on and cross-reference a provi- their training, and authorizes money were serious concerns over how to de- sion I was able to include in the USA for them to improve and buy new tech- termine what information those agen- PATRIOT Act. That provision requires nology. In Minnesota, some of our bor- cies needed and how to protect that in- the State Department and the Depart- ders crossings, such as the crossing at formation. The bill before us requires ment of Justice to develop a tech- Crane Lake, are staffed only part-time the President to report to Congress on nology standard for the purpose of ex- in the summer and even then are not exactly what information the State De- changing law enforcement and intel- staffed around the clock. Some parts of partment and INS need, and to develop ligence information necessary to the border are staffed via telephone a comprehensive information-sharing screen applicants for U.S. visas and in- and video. For example, a person want- plan with adequate privacy protec- dividual’s using visas to enter the ing to cross into the United States tions. I support this important provi- country. from Canada arrives at a border sta- sion and believe it is a good example of Within that standard, there are spe- tion, picks up a telephone or video- what needs to be done in the future. We cific privacy safeguards to limit the phone, and calls Border Patrol per- must review, and improve legislation if application of the standard of aliens; sonnel located elsewhere to announce necessary, to ensure protection of our limit the purposes the date collected his arrival. We must address this secu- fundamental freedoms. could be used to background checks rity risk. We must address the vulner- Colleagues, H.R. 3525 is a comprehen- and border verification; limit the dis- ability of our borders. sive bill which will strengthen the se- tribution of the data to consular offi- The situation on our northern border curity of our borders, secure our visa cers and border inspectors; require that demands immediate attention but sim- entry system and enhance our ability any changes to expand access to the ply putting new staff there is not to deter potential terrorists. It is an- data has to be done by regulation so enough. We must retain experienced of- other important step towards ensuring that the public can have input; finally, ficials and provide adequate training to that we will never again witness the we require Congressional oversight of identify and intercept would-be terror- tragic event of September 11. I urge my the implementation of the technology ists. By raising the pay grade of INS colleagues to support it. Ms. SNOWE. Madam President, I am standard. border personnel and improving their I am pleased that this legislation in- retirement benefits, we can ensure the pleased to rise today in support of the corporates these safeguards and adds retention of dedicated, experienced of- Enhanced Border Security and Visa Re- others specific to the ‘‘interoperable ficials. By providing them adequate form Act of 2001. I have worked with Senators KYL and database system’’ that facilitates the training and improving their ability to FEINSTEIN, first on their Visa Entry sharing of law enforcement and intel- share information, we can prevent the Reform Act of 2001, and subsequently ligence information with the State De- entry of people who intend to do this with them and Senators KENNEDY and partment and INS. country harm. BROWNBACK on this legislation. These The bill before us today limits re-dis- The Enhanced Border Security and sponsors have worked feverishly to semination of information accessed Visa Entry Reform Act of 2001 also has bring this bipartisan bill to fruition through the system; ensures that the provisions to help us determine who is and I have very much appreciated the coming to the US before they arrive. It information is used solely to determine opportunity to work with them in as- requires our consulates to transmit to the admissibility or deportability of an sembling a strong and meaningful INS officials electronic versions of the alien to the United States; requires ac- package to help secure our homeland. curacy, security and confidentiality; visas they issue so that information is The bottom line is, at this extraor- requires protection of any privacy available on the person prior to this ar- dinary time, in the wake of horrific at- rights of individuals who are subject of rival. It requires commercial flights tacks from without against innocent the information in the system; and re- and ships to provide manifests about lives within our borders, we must take quires the timely removal and destruc- each passenger prior to their arrival every conceivable step with regard to tion of obsolete or inaccurate informa- and it fills the gaps in the foreign stu- those variables we can control in secur- tion. dent monitoring program to ensure we ing our Nation. How can we do any- Even with these provisions, Congress know who is coming to the United thing less when it has become so abun- must keep a watchful eye on the imple- States to study at our universities be- dantly and tragically apparent that ad- mentation of the provisions of this leg- fore they get here. The more we can do mittance into this country cannot and islation. We need to be vigilant to to know who is coming to the United must not be the ‘‘X-Factor’’ in pro- make certain we are achieving the States before they actually arrive, the tecting our homeland? proper balance between the need for more secure we will be. Entry into this country is a privi- national security and the need to pro- I would like to take a moment to ad- lege, not a right, and it is a privilege tect the privacy of our citizens. dress the issue of civil liberties. Many that has clearly been violated by per- I am concerned about protecting the of us have concerns about the changes petrators of evil who were well aware privacy of my constituents and citizens taking place in regard to our Federal of inherent weaknesses in the system. across our country, and I thank the au- agencies sharing intelligence informa- Just look at the story of Mohamed thors of this bill for working with me tion. Today, more than ever, we must Atta, coming into Miami, he told the to address these concerns. ensure that Federal law enforcement INS that he was returning to the U.S. I support this legislation because I and other agencies have the ability to to continue flight training, despite the believe that the security measures are share information in a timely and ef- fact that he presented them with a well balanced against privacy con- fective manner. Nothing is more dis- tourist visa, not the student required cerns—and both security and privacy tressing than to think that the horrible visa for his purposes, and they let him must be served. events of September 11 may have been in. INS has since said that Atta had Mr. WELLSTONE. Madam President, prevented through better interagency filed months earlier to change his sta- I rise today to support H.R. 3525, the communication and organization. Yet, tus from tourist to student so they let Enhanced Border Security and Visa we must ensure that we vigorously him in, despite long-standing policy Entry Reform Act of 2001. This bill in- monitor the effects structural changes that once you leave the country, you’re cludes important provisions that will now underway will have on our civil considered to have abandoned your enhance our overall security. As a liberties. We must continue to monitor change of status request. member from a border State, I am es- implementation of laws that question What this bill is about is stopping pecially supportive of provisions that the fundamental balance between our dangerous aliens from entering our improve our ability to provide security security and liberty. country at their point-of-origin and on the Northern border. We are doing that here today. The their point of entry by giving those H.R. 3525 authorizes the addition of USA PATRIOT Act which we passed Federal agencies charged with that re- 200 Immigration and Naturalization last October required the FBI to pro- sponsibility the tools necessary to do S2926 CONGRESSIONAL RECORD — SENATE April 18, 2002 the job. Now, some say the tools we And that is what this bill does, along tied States and establishes new pro- need are better technologies, some say with my measure that is included to grams to ensure that people whom we better information, some say better co- establish ‘‘Terrorist Lookout Commit- welcome as visitors live up to their re- ordination. The beauty of this bill is tees’’ at every embassy, which are re- sponsibilities under our immigration that it stands on all three legs, because quired to meet on a monthly basis and laws. I can tell you if there is one thing I report on their knowledge of anyone I am particularly pleased that the learned from my experience in working who should be excluded from the U.S. bill contains two amendments that I on these issues on the House Foreign I am also pleased to have worked fur- authored: one extending training op- Affairs International Operations Sub- ther with Senators KENNEDY and KYL portunities to Border Patrol agents committee is that we are only going to to include in the managers’ amend- and another requiring the Department get to the root of the problem with a ment a provision increasing account- of Justice to provide Congress informa- comprehensive approach. ability by requiring the Terrorist tion on aliens who fail to appear at re- This was clear from the aftermath of Lookout Committees to report to the moval hearings. our investigation of the comings and Secretary of State after each monthly It is critical that every law enforce- goings of the mastermind of the 1993 meeting and with reports from the Sec- ment agent who works on the border World Trade Center bombing, the rad- retary to Congress on a quarterly understands and correctly applies our ical Egyptian cleric Sheikh Rahman. basis. immigration laws. The Enhanced Bor- We found that the Sheikh had entered We ought to ensure that the person der Security and Visa Entry Reform and exited the country five times to- standing in front of the INS agent at Act authorizes appropriations for such tally unimpeded, even after the State the border is the same person who ap- training for various law enforcement Department formally revoked his visa plied for that visa. It does no good to and immigration personnel at the bor- and even after the INS granted him do every background check in the der. My first amendment ensures that permanent resident status. In fact, in world overseas, only to have someone these training opportunities are ex- March of 1992, the INS rescinded that else actually show up at our doorstep. tended to Border Patrol agents. My second amendment requires the status which was granted in Newark, The fact is, we have the so-called ‘‘bio- NJ about a year before. Department of Justice to report to the metric technology’’ available to close But then, unbelievably, the Sheikh Congress how many aliens arrested requested asylum in a hearing before this gap, and I am pleased that my while entering the country outside an immigration judge in the very same measure requiring the use of this bio- ports of entry fail to show up for their city, got a second hearing, and contin- metric technology such as removal hearings. The amendment is ued to remain in the country even after fingerprinting for visa applicants both the result of a hearing I held last No- the bombing, with the Justice Depart- abroad and at the border has been in- vember at the Permanent Sub- ment rejecting holding Rahman in cus- cluded, although not exclusively lim- committee on Investigations. tody pending the outcome of deporta- ited to fingerprinting. The information At that hearing, members of the sub- tion proceedings and the asylum appli- collected by the consular officer committee heard from current and past cation, stating that ‘‘in the absence of issuing the visa must then be electroni- employees of the U.S. Border Patrol concrete evidence that Rahman is par- cally transmitted to the INS so that who came forward to express their con- ticipating in or involved in planning the file is available to immigration in- cerns with INS practices involving the acts of terrorism, the assumption of spectors at U.S. ports of entry before release on recognizance, that is on that burden, upon the U.S. govern- the alien’s arrival. their promise to return, of people ar- ment, is considered unwarranted.’’ In addition to these protections, the rested while trying to gain illegal To address the trail of errors, I intro- bill provides funding for an increase in entry into the United States outside duced legislation to modernize the border patrol personnel and for train- ports of entry. While the problems State Department’s antiquated Micro- ing of those agents and other agency raised by the Border Patrol agents at fiche lookout system, but as we have staffs at U.S. ports of entry and in our the hearing would have been serious in painfully learned in the interim, such a consular offices to improve the ability normal circumstances, they carried system is only as good as the informa- of these officers, our first line of de- particular weight following the attacks tion it can access. That is why we fense on our borders, to more easily of September 11. fought tooth and nail to require infor- identify and intercept would-be terror- What the agents told my sub- mation sharing between the FBI and ists. committee is that when people are ar- the State Department. In 1994 Congress As the President has said, ‘‘We’re rested by the Border Patrol, at places passed my legislation to give State De- going to start asking a lot of questions other than ports of entry, most who partment officials access to FBI crimi- that heretofore have not been asked.’’ don’t voluntarily return to their coun- nal records for every visa application, By giving the Director of Homeland Se- try of origin, usually Mexico or Can- whether for immigrant or non-immi- curity the responsibility of developing ada, are given a notice to appear at a grant purposes. Addressing non-immi- a centralized ‘‘lookout’’ database for removal hearing. The Border Patrol grants who enter the U.S. using stu- all of this information, along with in- initially decides whether the person dent visas was particularly important, stituting tighter application and should be detained, released on bond or as was demonstrated by the inex- screening procedures and increased released on his or her own recognizance plicable errors by INS, and in the case oversight for student visas, we will while awaiting the hearing. The re- of the bomber who entered the U.S. on close the loopholes and help bring all moval hearing can take several months a student visa before dropping out of our Nation’s resources to bear in secur- to occur. school, remaining undetected for two ing our Nation. But detention decisions are not made years on the expired visa, and driving a This is a crucial bill in our war on by the Border Patrol alone. If the Bor- truckload of explosives into the World terrorism and I urge my colleagues to der Patrol decides to detain a person or Trade Center in 1993. Unfortunately a support this bill. I yield the floor. set a bond to help assure that a person revised provision limited this access Mr. LEVIN. Madam President, I first shows up at the hearing, the INS depor- only for purposes of immigrant visas, want to commend the chairman of the tation office can revise that decision dropping my requirement for the non- Immigration Subcommittee, Senator and order the person released on a immigrant visas initially used by all 19 KENNEDY, my colleague from Massa- lower bond or on his or her own recog- of the September 11 hijackers. chusetts, for his leadership on this bill. nizance. It was revealed at the hearing So I am pleased that the USA PA- The Enhanced Border Security and that the Border Patrol and the INS TRIOT counterterrorism bill we passed Visa Entry Reform Act gives law en- simply release on recognizance a large last year does require information forcement and immigration authorities percentage of people who are arrested sharing between the State Department greater access to the tools they need to for illegal entry. That means people and the FBI, but we can and must do improve border security. The legisla- who get caught and are arrested at the more, we must also require informa- tion enhances our ability to identify border while attempting to enter the tion sharing among all agencies like terrorists and other individuals who country illegally are nonetheless al- the CIA, DEA, INS, and Customs. should not be allowed to enter the Un- lowed to move at will in this country April 18, 2002 CONGRESSIONAL RECORD — SENATE S2927 with no constraints other than a writ- We are an open and generous country FEINSTEIN and I heard some very ten instruction to appear at a hearing, and we welcome people from around trenchant testimony from Mary Ryan, the purpose of which is to remove them the world who share our commitment Assistant Secretary of State for Con- from the country. to hard work, common decency and sular Affairs, about the gaping holes in This practice is absurd. And statis- egalitarian values. But we are also a the system. Secretary Ryan’s state- tics from the Detroit Sector illustrate Nation of laws. And with the privilege ment points to the dire need for better the extent of the absurdity. In fiscal of living in America comes an obliga- intelligence-gathering and signifi- year 2001, the Detroit Sector of the tion to follow the law. The hearing I cantly improved intelligence-sharing Border Patrol arrested slightly more held at the Permanent Subcommittee among all relevant agencies. The Bor- than 2100 people. A significant percent- on Investigations highlighted a situa- der Security Visa Reform Act will pro- age of these people were arrested while tion where our immigration laws were vide for better information-sharing actually attempting to enter the coun- simply not being followed. My amend- among appropriate agencies. try illegally. Of those 2100 or so, slight- ment ensures that Congress is able to Surprisingly to some, 18 of the 19 ter- ly less than two-thirds were volun- track whether or not this situation im- rorists entered the country using B1/B2 tarily returned to their country of ori- proves. tourist visas. According to State De- gin and 773 were issued notices to ap- Mr. KYL. Madam President, this is a partment statistics, 47 foreign-born in- pear at a removal hearing. Pending good day for the security of the United dividuals, including the 19 terrorists, their removal hearing, 595 or more States. The terrorist attacks that so have been charged, have pled guilty, or than 75 percent of those issued notices changed our nation occurred over seven have been convicted of involvement in to appear were released on their own months ago. Seven months is too long terrorism over the past decade. All 47 recognizance. Many of these people to wait to pass a measure as impor- had contact with an INS inspector. were released without a criminal back- tant, as potentially life-saving, as this This, of course, points to the need for ground check and some were not even one is. more inspectors, as the Border Secu- able, or perhaps willing, to provide the After months of meetings about rity bill authorizes, and for better in- Border Patrol with an address. We these issues, it is time to do what is formed inspectors through the sharing learned that people released on their right—to fix our immigration and via- of information, which the bill will fa- own recognizance who don’t have an processing systems so that terrorists cilitate as well. address are simply given a form to mail cannot enter or remain in the United Madam President, the Mohammed to the INS when they get an address so States in violation of our laws. Atta case perhaps illustrates what is the agency can mail them a notice of Congress took an important first step wrong with the system better than any their hearing date. That is the extent shortly after the terrorist attacks. The other. Atta entered the country on a of the follow-through by the INS. So, how many of these 575 people ac- USCA PATRIOT Act, signed into law B1/B2 visa that expired at the end of tually showed up for their hearings? on October 26, 2001, provided us with 2000. According to several sources, he One former INS District Director and better tools to fight terrorism. Among was placed on the FBI’s watch list 6 Border Patrol Chief has said that in other provisions, that bill changed the weeks before the terrorist attacks but one of his sectors he thought the per- definition of a terrorist—and, there- his name was not entered into INS’s centage of persons arrested outside a fore, changed who is inadmissible to system. The border-security bill will port of entry and released on their own the United States. It clarified that the help by facilitating the real-time shar- recognizance who don’t show up for FBI can share information on its ter- ing of this type of information to rel- their hearing was 90 percent. When I rorist watch-list with other relevant evant Federal law-enforcement and in- asked the INS what the actual number Federal agencies. It provided the At- telligence agencies, including all Fed- was, the agency couldn’t tell me. The torney General with additional limited eral agents who are responsible for de- INS doesn’t even keep this statistic. authority to detain would-be terrorists termining the admissibility of aliens to Moreover, we learned at November’s for a limited amount of time. the U.S., and all officers investigating hearing that there was no requirement Our Nation, however, continues to and identifying aliens. that, before releasing them, the Border face overwhelming infrastructure and An entry-exit system at our Nation’s Patrol complete a criminal background personnel needs at our consular offices ports of entry, using biometric identi- on people arrested for crossing the bor- aboard, along both our southern and fiers, linked to an interoperable data- der illegally. I found that situation un- northern borders, in our immigration sharing system, will go a long way to- justifiable, and apparently so did the offices, and throughout other Federal ward ensuring that people like Moham- INS when they were made aware of it. law and intelligence offices throughout med Atta are never allowed to enter As a result of my November hearing, the United States. the country. This system, coupled with the INS issued a memorandum requir- The Border Security and Visa Entry the significant increase in interior in- ing that a criminal background check Reform Act will provide for such re- vestigative personnel that this bill be conducted on all aliens arrested and sources, for such changes to existing makes possible, will better enable au- released on bond or recognizance. That law and infrastructure, the right way. thorities to find terrorists if they infil- change is important but additional im- As a result of this bill, resources will trate our borders. Information about provements in both policy and practice be efficiently targeted—funds, for ex- Atta would have been tapped at a port are necessary. ample, will not be sent to the INS of entry’s entry-exit system. And, The manner in which the Border Pa- without a clear directive that explains three other terrorists among the 19 trol and INS process aliens arrested be- to the agency exactly what it is re- who overstayed their visas would have tween ports of entry remains unaccept- sponsible for producing. We have been identified at ports of entry as able. That is why my second amend- learned that it is only through direct well. ment to the Enhanced Border Security instructions that we will see loopholes Before his visa expired on December and Visa Entry Reform Act requires closed in our immigration system, our 2, 2000, Atta asked the INS to change the Department of Justice to provide borders secured, intelligence shared ap- his status to that of ‘‘student.’’ After the Congress an annual report con- propriately and infrastructure modern- that expiration, and even without the taining the number of aliens arrested ized to achieve stated goals. If we do information that showed his placement outside ports of entry who were served not provide this infrastructure and on a watch list, he should not have a notice to appear for a removal hear- guidance, I fear that other unthinkable been allowed to reenter the country. ing and released on recognizance and incidents will occur. Yet, in January 2001, he arrived back in who failed to attend their removal Sadly, the real-life terrorist inci- Miami and, after he was questioned by hearing. It is my hope that once the dents that we suffered gave us too the INS for an hour, he was admitted INS and the Congress comprehend the many real-life reasons why this bill is back into the United States. extent of the problem, we will change so desperately needed. Another terrorist, Hani Hanjour, en- the way we process aliens who are ar- In a hearing before the Senate Judi- tered the country in December 2000 on rested at the border while attempting ciary Committee’s Subcommittee on an F1 student visa to study English but to enter the country illegally. Terrorism and Technology, Senator he never attended class. The school did S2928 CONGRESSIONAL RECORD — SENATE April 18, 2002 not notify authorities that Hanjour Act Visa Waiver reforms, be required for terrorists to infiltrate the United never attended class. He overstayed his to report stolen passport numbers to States. I, therefore, urge my colleagues visa and melted into obscurity in the the State Department; otherwise, a na- to act quickly to pass this bill. It real- United States. The Border Security tion is prohibited from participating in ly could mean the difference between a and Visa Reform Act will address both the program. In addition, our bill clari- secure nation and one that continues of the loopholes that allowed Hanjour fies that the Attorney General must to be vulnerable to infiltration by to stay in the country undetected by enter stolen passport numbers into the those who mean us no good. Time is ab- requiring strict reforms in our student- interoperable data system within 72 solutely of the essence. visa system and, again, by requiring hours of notification of loss or theft. Mr. DASCHLE. Madam President, that our entry-exit system employ bio- Until that system is established, the last September—5 days before the ter- metric passports and other travel docu- Attorney General must enter that in- rorist attacks on our Nation—Presi- ments to protect against fraud and to formation into any existing data sys- dent Vicente Fox delivered an historic find visa overstayers such as Hanjour. tem. address to this Congress on the impor- Madam President, Senators KEN- Another section of our bill will make tance of U.S.-Mexican relations. NEDY, BROWNBACK, FEINSTEIN, and I a significant difference in our efforts to On both sides of the political aisle, have worked hard to craft this bill. The stop terrorists from ever entering our and on both sides of the U.S.-Mexican staff of each of those members, Esther country. Passenger manifests on all border, there was wide agreement that Olavarria, Lavita Strickland, and flights scheduled to come to the United reforming our Nation’s outdated immi- David Neal, should also be personally States must be forwarded in real time, gration laws was an essential step in commended. After Senators KENNEDY and then cleared, by the Immigration strengthening the relationship between and BROWNBACK, and separately Sen- and Naturalization Service before the our two countries. Then came September 11. ator FEINSTEIN and I, developed sepa- flight’s arrival. Our bill also removes a One of the important lessons we rate counter-terrorism bills, during a current U.S. requirement that all pas- learned on that horrific day is that difficult time, while offices were closed sengers on flights to the United States border security is not simply a matter on Capitol Hill, we all came together to be cleared by the INS within 45 min- of immigration policy. It’s a matter of produce the final product we now an- utes of arrival. Clearly, in some cir- urgent national security. ticipate will be sent shortly to the cumstances, the INS will need more In the months since September 11, we President for signature. time to clear all prospective entrants have seen that the INS and the FBI This bipartisan, streamlined product, to the U.S. These simple steps will give lack the tools and resources to effec- cosponsored by both the chairman and appropriate officials advance notice of tively track foreign nationals in our ranking Republican of the Senate Judi- foreigners coming into the country, country. This includes even individuals ciary Committee, and the ranking Re- particularly visitors or immigrants with known links to terrorist net- publican of the Senate Appropriations who pose a security threat to the works. Not only are we unable to expel Committee, will significantly enhance United States. people who have violated their visas, our ability to keep terrorists out of the The Border Security and Visa Entry very often we can’t even find them. United States and find terrorists who Reform Act will also improve our lax Then last month, we were stunned to are here. U.S. foreign student visa program, learn that the INS had just mailed con- Under the Border Security and Visa which has allowed numerous foreigners firmations of visa extensions to two of Entry Reform Act of 2001, at the direc- to enter the country without ever at- the terrorist hijackers responsible for tion of the President, all Federal law- tending classes and, for those who do the September 11 attacks. enforcement and intelligence commu- attend class, with little or no oversight I am proud to be one of the 61 spon- nities, the Departments of Transpor- of such students by the Federal Gov- sors of the bipartisan Enhanced Border tation, State, Treasury, and all other ernment. Our bill will change that, and Security and Visa Entry Reform Act, relevant agencies will develop and im- will require that the State Department and I urge my colleagues to vote for it. plement a comprehensive, interoper- within 4 months, with the concurrence This act will strengthen America’s able electronic data system for these of the INS, maintain a computer data- border security and improve our ability governmental agencies to find and base with all relevant information to track visa holders—including for- keep out terrorists. That system about foreign students. eign students. should be up and running by October America is a nation that welcomes It gives law enforcement agencies 26, 2003, 2 years after the signing into international visitors—and should re- new tools and technology to share crit- law of the USA PATRIOT Act. main so. But terrorists have taken ad- ical information, and to identify and Under our bill, terrorists will be de- vantage of our system and its open- intercept visitors who threaten our na- prived of the ability to present fake or ness. Now that we face new threats to tional security. altered international documents in our homeland, it is time we restore It also increases staffing and training order to gain entrance, or stay here. some balance to our consular and im- for border security officers. Foreign nationals will be provided with migration policies. I want to thank Senator KENNEDY, new travel documents, using new tech- As former chairman and now ranking the Chairman of the Subcommittee on nology that will include a person’s fin- Republican of the Judiciary Commit- Immigration, and Senator FEINSTEIN gerprint(s) or other form of ‘‘biomet- tee’s Terrorism Subcommittee, I have for their leadership. Without their hard ric’’ identification. These cards will be long suggested, and strongly supported, work and determined persistence, we used by visitors upon entry into and many of the antiterrorism and immi- would not be here today. exit from the United States, and will gration initiatives now being advo- I also thank Senator BYRD for his ef- alert authorities immediately if a visa cated by Republicans and Democrats forts to improve this bill—and for his has expired or a red flag is raised by a alike. In my sadness about the over- invaluable leadership on the larger Federal agency. Under our bill, any for- whelming and tragic events that took challenge of strengthening America’s eign passport or other travel document thousands of precious lives, I am re- homeland security in general. issued after October 26, 2004, will have solved to push forward on all fronts to We all know that authorizing legisla- to contain a biometric component. The fight against terrorism. That means tion is important. But it takes re- deadline for providing a way to com- delivering justice to those who are re- sources to turn policies into workable pare biometric information presented sponsible for the lives lost on Sep- laws. No one in Washington has fought at the border is also October 26, 2004. tember 11, and reorganizing the insti- harder to protect America from future Another provision of the bill will fur- tutions of government so that the law- terrorist attacks than ROBERT C. BYRD. ther strengthen the ability of the U.S. abiding can continue to live their lives I look forward to working with him to Government to prevent terrorists from in freedom. ensure that this and other homeland using our ‘‘Visa Waiver Program’’ to Madam President, as I said, 7 months security measures are given the re- enter the country. Under our bill, the is too long a period of time for the sources they need to work. 29 participating Visa Waiver nations American people to wait for action on We cannot strengthen America’s will, in addition to the USA PATRIOT legislation that will make it tougher homeland security on the cheap, and April 18, 2002 CONGRESSIONAL RECORD — SENATE S2929 we should not try. We need to do this People who say such things need to tors with whom I served. He was re- right. understand that our enemy is not im- sponsible for bringing a great deal of Just before President Fox’s visit last migrants, it is intolerance and hatred. legislation to the floor dealing with en- September, Congressman GEPHARDT America is strong not in spite of our ergy, with the environment, and on and I outlined principles for com- diversity, but because of our diversity. various and sundry other matters. He prehensive immigration reform. En- By passing this bill today, we are was an outstanding legislator. hanced border security is one of those strengthening not only our border se- Senator KENNEDY is one who has principles. curity, but our basic American values. proved to be an outstanding chairman Unfortunately, another of our prin- It is the right thing to do, and I thank of the committee. I think Senators will ciples—extension of section 245(i) of all of our colleagues who helped get us agree with me in observing that when the immigration code—is not included to this point. Senator KENNEDY comes to the floor in this bill. Mr. BROWNBACK. Mr. President, as with a bill, especially if it is a bill that Section 245(i) would allow immi- we are getting this matter wrapped up, has been reported by his committee, a grants who are in this country, who I wish to recognize four key staff mem- committee which he chairs, or by a have applied to become permanent bers who really helped shepherd this committee on which he sits, he is al- residents and who are contributing to bill through. This is important safety ways prepared. He has done his home- our society, to remain in this country legislation. work, and he makes a very forceful ex- I, first, recognize Senator KENNEDY’s while they wait for their ‘‘green card.’’ pression. He makes a very forceful ex- lead staff on this, Esther Olavarria, Many of these immigrants are mar- pression of support of the managers of ried to Americans, and have children who is a humble, diligent servant of the State and who does a wonderful job the amendment thereon. He is a formi- who were born in this country. Without dable opponent of one who opposes a Section 245(i), many of them face the on these sorts of issues. She worked closely with my staff member, David bill. Senator KENNEDY brings to the impossible choice of leaving their fami- floor a formidable opponent of any Sen- lies for up to 10 years, taking their Neal, who is relatively new to the proc- ess but has diligently worked to shep- ators who offer amendments in opposi- families back with them to a country tion thereto. He is a well-rounded legis- they may have fled to escape poverty herd this legislation on through. Also, for Senator FEINSTEIN and for lator in that his experience, and his or terror, or breaking the law, thus for- knowledge of the subject matter of the going the chance to ever become a law- Senator KYL, two wonderful staff mem- bers who helped make the core nucleus legislation which he promotes, is, in- ful permanent resident. in negotiating this through; Elizabeth deed, remarkable. As far as I am con- The Senate voted to extend section cerned, he is an outstanding legislator 245(i) last year, the same week Presi- Maier and LeVita Strickland are excel- lent people. in the 50 years in which I have served dent Fox spoke to Congress. I think at the end of the day when we in Congress. We had hoped and expected that the look to strengthen the borders of this Senator KENNEDY and I have not al- House would quickly do the same. In- country to protect our people, these ways been together on matters. We stead, it delayed for six months. By the four great citizens really dedicated a have been opponents in some instances. time it finally acted, key deadlines lot of time and a lot of soul to be able We have not necessarily, in the early contained in the bill had become un- to get this through. I want to note days, held each other in terms of en- workable. their tremendous activity in this re- dearment. I remain strongly committed to a gard. meaningful 245(i) extension—one that But we have passed through those Mr. BYRD. Mr. President, before we years and in the subsequent years—es- gives long-time, tax-paying residents a proceed to this series of votes, I would genuine opportunity to remain in this pecially in the years when I served as like to make a few remarks concerning majority leader, and the first time I country—with their families—while the bill. they wait to become permanent legal served as majority leader in 1977, dur- I believe there is a certain amount of ing those years, and in subsequent residents. time on the bill. Is there? My colleagues and I look forward to years, Senator KENNEDY has been one The PRESIDING OFFICER. There is of my most supportive friends and fel- working with Senators LOTT, HAGEL time under the control of Senators low Senators. And I have counted his and BROWNBACK and others, on a bipar- Kennedy and Brownback. support as invaluable, particularly tisan basis, to send President Bush a Mr. KENNEDY. Mr. President, I ask when I was majority leader. As the ma- 245(i) extension bill with realistic dead- unanimous consent to give whatever jority leader or the majority whip, lines. time we have remaining to the Senator sometimes one looks around and won- America needs an immigration sys- from West Virginia. tem that is pro-family, pro-business The PRESIDING OFFICER. The Sen- ders where the troops are. And there and fair. Together, we can create such ator from West Virginia is recognized. are times when we look back over our a system—one that sacrifices neither Mr. BYRD. Mr. President, in my long shoulders and find that the troops are our security nor our ideals. career of serving in various and sundry not necessarily there. The new border security bill on legislative branches, I have from time But Senator KENNEDY was always which we are about to vote, and a to time been awarded the honor of very supportive of me. There were meaningful extension of 245(i), are es- being the ‘‘legislator of the year’’ in times when he perhaps could not vote sential parts of such a system. connection with something. Let me say with me or could not exactly support a We also look forward to working with that as one who has served now in my particular amendment of mine, but he our Republican colleagues, and with 50th year in Congress this year, and was always most courteous and most the administration, to restructure and having served as majority leader in considerate to me. strengthen the INS, end the backlogs, this body during the years 1977, 1978, As we close the debate on this bill, I provide meaningful access to earned le- 1979, and 1980, and again during the want to say once more, as I have said galization, and reunite families. We years 1987 and 1988, and also having before, that Senator KENNEDY is a Sen- look forward to creating a new and bet- served as minority leader over a period ator who could well have graced the ter temporary worker program that of 6 years, and having served in the Senate at any moment of the Senate’s treats workers with the respect they leadership in the Senate for 22 years, long history, dating back to March 4, deserve and provides businesses with including my stint as majority whip 1789. He would have been a worthy pro- the employees they need. and my stint as secretary of the Demo- tagonist or antagonist, whatever the Within hours after the twin towers cratic Conference, I have had occasion case might have been. I have learned to collapsed, we heard some people say to note some very successful and out- respect him and appreciate him as the that America should close its doors to standing legislators. I would include years have come and gone. I have immigrants. Some people even said we among the most outstanding of those learned to appreciate him and respect should force out immigrants who are legislators Senator KENNEDY. him more and more. already here, working and contributing The late Senator Henry Jackson was So, Mr. President, I take this occa- to our society. another one of the outstanding legisla- sion to thank Senator KENNEDY for his S2930 CONGRESSIONAL RECORD — SENATE April 18, 2002 courtesies during this debate. He in- I am proud the people of West Vir- We have listened to that clear and vited me to testify before his Immigra- ginia have seen fit to send me here, and compelling voice tonight, as we have tion Subcommittee last week. He vis- send me back from time to time, and heard it in defending the institution at ited my office several times over the overlooked the warts and all in my other times. last 4 months to listen to my concerns. makeup, politically and otherwise. But I am wondering if I could ask a spe- He has always been very gracious to I reverence the Senate, honor it, and cial favor of the Senator. He has been me, and I thank him for that. respect all Members of the body. It extremely kind. But what we have not I thank the other proponents of this doesn’t make a difference whether they heard tonight is the poem about the legislation—Senator BROWNBACK, Sen- are Republicans or Democrats or Inde- ambulance in the valley. I know it is ator KYL, and Senator FEINSTEIN. They pendents; I respect them. We may not late in the evening, but could the Sen- have all been very fine authors of agree, but they are Senators. They are ator—if we were to yield the Senator a amendments. In particular, I think my equal any day. They are entitled to few more minutes—recite that poem? with respect to this bill, they have their viewpoint as much as I am enti- Or would he prefer to wait for another done an excellent job. They have been tled to mine. time? If he would prefer not to, I would very kind to me, and they have been So having said that, let me say, far certainly understand. considerate. I want to take this occa- too often Members of this body are Mr. BYRD. Mr. President, the distin- sion to thank them for their work on willing to give up their right to debate guished Senator honors me by calling the bill. No one could be more patriotic and to amend legislation. I am pleased on me to repeat the lines of the poem than these Senators. No one could pay that at least some public debate has by Joseph Malins titled ‘‘A Fence or an more attention to their duties in the been generated on this bill and that the Ambulance.’’ I am not sure I am really Senate, their duties to their constitu- right of Senators to offer amendments up to it at this point in the day. I am ents whom they represent. was respected. I think the end product not sure I can do it on this short no- This is a bill that may still have is a better piece of legislation than it tice, but I will certainly try. It will not some flaws in it. No piece of legisla- was heretofore. be the first time I have failed on a tion, I would say, ever passes the Sen- With regard to the amendment I of- poem. Occasionally I do fail. ate that is perfect, but they certainly fered on the importation of goods, espe- Let me think for a minute. Perhaps I have done their best in trying to im- cially Chinese goods, that are made could do that. prove it as we have gone along. I thank using forced labor, I, of course, have ‘‘Twas a dangerous cliff, as they freely con- them all for the courtesies they have determined not to press to include that fessed, extended to me and the support they amendment in this bill. But I continue Though to walk near its crest was so pleas- have expressed for these amendments I to believe that the Congress needs to ant; have offered. But over its terrible edge there had slipped So let me say, again, that with one of pass legislation to prevent goods made A duke and fall many a peasant. these Senators I have served since No- in foreign prisons and detention camps So the people said something would have from crossing our borders. We also vember 1962. And Senator KENNEDY to be done, well understands my interest in the in- have a responsibility to protect our But their projects did not at all tally; stitution of the Senate. To me, that is businesses from this unfair and rep- Some said, ‘‘Put a fence around the edge of rehensible trade practice. I expect to the cliff,’’ why I am here today, because of my in- Some, ‘‘An ambulance down in the valley.’’ terest in this institution and the Con- raise the issue again at some point on some bill because much more needs to But the cry for the ambulance carried the stitution. That is why I am here. I did day, not have to run last time to put bread be done to discourage this blatant vio- For it spread through the neighboring city; and butter on my table. I could have lation of our trade laws. A fence may be useful or not, it is true, retired and probably earned a bigger Senators should also be aware that But each heart became brimful of pity check in retirement. Since I have been we still do not have a cost estimate of For those who slipped over that dangerous paying into the retirement fund now this bill from the Congressional Budget cliff; And the dwellers in highway and alley for 50 years, this year, I could probably Office. The INS estimates that the bill will cost $1 billion in the first year and Gave pounds or gave pence, not to put up a have earned a bigger check in retire- fence, ment than I will have earned as a Sen- $3.2 billion over 3 years, but those esti- mates likely underestimate the true But an ambulance down in the valley. ator. ‘‘For the cliff is all right, if you’re careful,’’ But I am here to defend this institu- costs. It is very well to authorize these they said, tion. That is the only reason I am here. funds—and I intend to vote for the ‘‘And, if folks even slip and are dropping, That is the only reason. I could have bill—but this bill will require the ap- It isn’t the slipping that hurts them so been better off if I had retired. Perhaps propriation of funds and the support of much, somebody would have had pity on me its proponents, and the support of the As the shock down below when they’re and asked me to serve on some board, administration, for those appropria- stopping.’’ So day after day, as these mishaps occurred, and I could have raked in a little addi- tions if its provisions are to be imple- mented. Quick forth would these rescuers sally tional money. But that is neither here To pick up the victims who fell off the cliff, nor there. Again, I thank Senators KENNEDY, With their ambulance down in the valley. I chose to serve here. This has been BROWNBACK, FEINSTEIN, and KYL for Then an old sage remarked: ‘‘It’s a marvel my career. I have loved this Senate their interest in improving our Na- to me from the first day I walked into it. And tion’s border defenses. I thank them That people give far more attention so I am proud to serve in it. The only and I love them. I salute them for the To repairing results than to stopping the reason I am here is that I believe in the work they have done in this respect. I cause, Senate. I am not here because of any hope we can maintain the bipartisan When they’d much better aim at preven- particular legislation. As a matter of support we have seen on this bill when tion. Let us stop at its source all this mischief,’’ fact, I am here because I love the Sen- it comes time to appropriate the funds cried he, ate and want to do what I can to pre- necessary to implement these provi- ‘‘Come, neighbors and friends, let us rally; serve the Senate prerogatives. sions. If the cliff we will fence we might almost dis- I believe there are three separate and Mr. President, with that, I yield the pense distinct coordinate branches of Govern- floor. With the ambulance down in the valley.’’ ment. I believe that the legislative The PRESIDING OFFICER. The Sen- ‘‘Oh, he’s a fanatic,’’ the others rejoined, branch is the branch of the people. I ator from Massachusetts. ‘‘Dispense with the ambulance? Never! think it is the people’s branch. I be- Mr. KENNEDY. Mr. President, I He’d dispense with all charities, too, if he lieve that the Senate is the premier in- thank the Senator from West Virginia. could; He is my friend. I know I really can No! No! We’ll support them forever. stitution, the premier legislative insti- Aren’t we picking up folks just as fast as tution—the U.S. Senate—in the world speak for all Members in saying he is they fall? today. And there have been many sen- the defender of all of the constitutional And shall this man dictate to us? Shall he? ates. Perhaps the next greatest of all prerogatives of this great institution. Why should people of sense stop to put up a was the senate of the Roman people. We have heard him speak this evening. fence, April 18, 2002 CONGRESSIONAL RECORD — SENATE S2931 While the ambulance works down in the Mr. REID. I ask for the yeas and Reid Smith (NH) Thurmond valley?’’ nays. Roberts Smith (OR) Torricelli But a sensible few, who are practical too, Rockefeller Snowe Voinovich The PRESIDING OFFICER. Is there a Santorum Specter Warner Will not bear with such nonsense much sufficient second? Sarbanes Stabenow Wellstone longer; There appears to be. Schumer Stevens Wyden They believe that prevention is better than Sessions Thomas cure, The yeas and nays were ordered. Shelby Thompson And their party will soon be the stronger. The PRESIDING OFFICER. The Sen- NOT VOTING—3 Encourage them then, with your purse, ator from Kansas. Inouye Nelson (NE) Nickles voice, and pen, Mr. BROWNBACK. Madam President, And while other philanthropists dally, I ask unanimous consent to address the The amendment (No. 3161) was agreed They will scorn all pretense and put up a body for 1 minute. to. stout fence The PRESIDING OFFICER. Without VOTE ON AMENDMENT NO. 3162 On the cliff that hangs over the valley. Ms. CANTWELL. The question is on Better guide well the young than reclaim objection, it is so ordered. them when old, Mr. BROWNBACK. Madam President, agreeing to amendment No. 3162. For the voice of true wisdom is calling, I note a word of thanks to Senator The yeas and nays have been ordered. The clerk will call the roll. ‘‘To rescue the fallen is good, but ’tis best BYRD. He has dealt with many of us for The assistant legislative clerk called To prevent other people from falling.’’ some period of time on this particular the roll. Better close up the source of temptation and issue in some contentious situations. crime Mr. REID. I announce that the Sen- He has dealt with us privately, pub- Than deliver from dungeon or galley; ator from Hawaii (Mr. INOUYE) and the licly, and in other forums. At the end Better put a strong fence round the top of Senator from Nebraska (Mr. NELSON) the cliff of the day, we do come out with a bet- are necessarily absent. Than an ambulance down in the valley.’’ ter piece of legislation. For that I Mr. LOTT. I announce that the Sen- Mr. KENNEDY. Hear. Hear. I thank thank the Senator. At the time, going ator from Oklahoma (Mr. NICKLES) is the Senator. through it, I was not quite as thankful necessarily absent. Madam President, it is my under- for that. The PRESIDING OFFICER. Are there standing now that we will proceed to He has done a service to the country. any other Senators in the Chamber de- three votes. And at the end of the day, we will have siring to vote? The PRESIDING OFFICER (Ms. a better piece of legislation. I thank The result was announced—yeas 97, CANTWELL). The Senator is correct. my colleagues, Senators KENNEDY, nays 0, as follows: Mr. KENNEDY. The order of the KYL, and FEINSTEIN. Together we craft- [Rollcall Vote No. 74 Leg.] votes will be the two amendments of ed a good piece of legislation. I am YEAS—97 the Senator from West Virginia in the thankful to be a part of it. I think it Akaka Dorgan Lugar order in which they were offered. will be a very positive move for our Allard Durbin McCain The PRESIDING OFFICER. The Sen- country. Allen Edwards McConnell I yield the floor. Baucus Ensign Mikulski ator is correct. Bayh Enzi Miller Mr. KENNEDY. I ask unanimous con- VOTE ON AMENDMENT NO. 3161 Bennett Feingold Murkowski sent that there be no intervening busi- The PRESIDING OFFICER. Under a Biden Feinstein Murray Bingaman Fitzgerald Nelson (FL) ness in between the votes. previous order, the question is on Bond Frist Reed The PRESIDING OFFICER. Without agreeing to amendment No. 3161. The Boxer Graham Reid objection, it is so ordered. yeas and nays have been ordered. The Breaux Gramm Roberts Mr. KENNEDY. I further ask unani- clerk will call the roll. Brownback Grassley Rockefeller Bunning Gregg Santorum mous consent that after the first vote, The senior assistant bill clerk called Burns Hagel Sarbanes the remaining two votes be 10 minutes the roll. Byrd Harkin Schumer in duration. Mr. REID. I announce that the Sen- Campbell Hatch Sessions Cantwell Helms Shelby The PRESIDING OFFICER. Without ator from Hawaii (Mr. INOUYE) and the Carnahan Hollings Smith (NH) objection, it is so ordered. Senator from Nebraska (Mr. NELSON) Carper Hutchinson Smith (OR) Mr. KENNEDY. So that would in- are necessarily absent. Chafee Hutchison Snowe clude final passage; am I correct? Cleland Inhofe Specter Mr. LOTT. I announce that the Sen- Clinton Jeffords Stabenow The PRESIDING OFFICER. The Sen- ator from Oklahoma (Mr. NICKLES) is Cochran Johnson Stevens ator is correct. necessarily absent. Collins Kennedy Thomas The Senator from Nevada. The PRESIDING OFFICER. Are there Conrad Kerry Thompson Corzine Kohl Thurmond UNANIMOUS CONSENT AGREEMENT—EXECUTIVE any other Senators in the Chamber de- Craig Kyl Torricelli CALENDAR siring to vote? Crapo Landrieu Voinovich Mr. REID. Madam President, I ask The result was announced—yeas 97, Daschle Leahy Warner Dayton Levin Wellstone unanimous consent that following final nays 0, as follows: DeWine Lieberman Wyden passage of H.R. 3525, the Senate then [Rollcall Vote No. 73 Leg.] Dodd Lincoln proceed to executive session to con- YEAS—97 Domenici Lott sider the following nomination: Cal- Akaka Corzine Hollings NOT VOTING—3 endar No. 761, Legrome D. Davis to be Allard Craig Hutchinson Inouye Nelson (NE) Nickles United States District Judge; that Sen- Allen Crapo Hutchison The amendment (No. 3162) was agreed ator SPECTER be recognized for up to 5 Baucus Daschle Inhofe Bayh Dayton Jeffords to. minutes, and the Senate then vote on Bennett DeWine Johnson Mr. REID. Madam President, on the the nomination; the motion to recon- Biden Dodd Kennedy previous vote, amendment No. 3161, I Bingaman Domenici Kerry sider be laid on the table, the President move to reconsider the vote, and I be immediately notified of the Senate’s Bond Dorgan Kohl Boxer Durbin Kyl move to lay that motion on the table. action; that any statements thereon be Breaux Edwards Landrieu The motion to lay on the table was printed at the appropriate place in the Brownback Ensign Leahy agreed to. RECORD, and the Senate return to legis- Bunning Enzi Levin Burns Feingold Lieberman Mr. REID. On this vote, I move to re- lative session, without any intervening Byrd Feinstein Lincoln consider the vote. action or debate. Campbell Fitzgerald Lott Mr. DORGAN. I move to lay that mo- The PRESIDING OFFICER. Without Cantwell Frist Lugar tion on the table. Carnahan Graham McCain objection, it is so ordered. Carper Gramm McConnell The motion to lay on the table was Mr. REID. Madam President, I ask Chafee Grassley Mikulski agreed to. unanimous consent to ask for the yeas Cleland Gregg Miller The PRESIDING OFFICER. The and nays on that nomination. Clinton Hagel Murkowski question is on the engrossment of the Cochran Harkin Murray The PRESIDING OFFICER. Without Collins Hatch Nelson (FL) amendments and third reading of the objection, it is so ordered. Conrad Helms Reed bill. S2932 CONGRESSIONAL RECORD — SENATE April 18, 2002 The amendments were ordered to be EXECUTIVE SESSION support from the senior Senator from engrossed and the bill to be read the Pennsylvania. Far from it. In fact, I third time. give Senator SPECTER credit for get- NOMINATION OF LEGROME D. The bill was read the third time. ting President Bush to renominate DAVIS, OF PENNSYLVANIA TO The PRESIDING OFFICER. The bill Judge Davis earlier this year and want BE UNITED STATES DISTRICT to commend him publicly for all he has having been read the third time, the JUDGE FOR THE EASTERN DIS- question is, Shall the bill pass? done to support this nomination from TRICT OF PENNSYLVANIA the outset. The yeas and nays have been ordered. The PRESIDING OFFICER. Under This year we have moved expedi- The clerk will call the roll. the previous order, the Senate will go tiously to consider Judge Davis. Judge The legislative clerk called the roll. into executive session. Davis was nominated by President Mr. REID. I announce that the Sen- The nomination will be stated. Bush in late January 2002, the Com- ator from Hawaii (Mr. INOUYE) and the The legislative clerk read the nomi- mittee received his ABA peer review on Senator frm Nebraska (Mr. NELSON) are nation of Legrome D. Davis, of Penn- March 12, he participated in a con- necessarily absent. sylvania, to be United States District firmation hearing the next week on Mr. LOTT. I announce that the Sen- Judge for the Eastern District of Penn- March 19, and he received a unanimous ator from Oklahoma (Mr. NICKLES) is sylvania. vote by the Judiciary Committee on necessarily absent. Mr. LEAHY. Madam President, the April 11—less than 3 months after his confirmation of Judge Legrome Davis The PRESIDING OFFICER. Are there nomination, and less than 1 month to the District Court for the Eastern after his paperwork was completed. any other Senators in the Chamber de- District of Pennsylvania will be the siring to vote? The saga of Judge Davis recalls for us 17th judge confirmed since the begin- so many nominees from the period of The result was announced—yeas 97, ning of this session. Under Democratic January 1995 through July 10, 2001, who nays 0, as follows: leadership, in less than 4 months the never received a hearing or a vote and [Rollcall Vote No. 75 Leg.] Senate has confirmed as many judges who were the subject of secret anony- YEAS—97 as were confirmed in all 12 months of mous holds by Republicans for reasons the 1996 session under Republican lead- Akaka Dorgan Lugar that were never explained. Allard Durbin McCain ership. In fact, included among the 17 At Judge Davis’ recent confirmation Allen Edwards McConnell judges whom we will have confirmed hearing Senator SANTORUM testified Baucus Ensign Mikulski since January this year are 2 judges to that Judge Davis did not get a hearing Bayh Enzi Miller Bennett Feingold Murkowski our Courts of Appeals. That stands in after President Clinton nominated him Biden Feinstein Murray sharp contrast to the 1996 session in because local Democrats objected. I Bingaman Fitzgerald Nelson (FL) which the Republican majority did not was the ranking Democrat on the Judi- Bond Frist Reed allow even a single Court of Appeals Boxer Graham Reid ciary Committee during those years Breaux Gramm Roberts nominee to be confirmed—not one. I and never heard that before. My under- Brownback Grassley Rockefeller submit that we have already done bet- standing at the time, from July 1998 Bunning Gregg Santorum ter in less than 4 months than our until the end of 2000, was that Judge Burns Hagel Sarbanes Byrd Harkin Schumer predecessors and critics did during the Legrome Davis would have had the sup- Campbell Hatch Sessions entire 12 months of the 1996 session. port of every Democrat on the Judici- Cantwell Helms Shelby The confirmation of Judge Davis ary Committee and in the Senate. He Carnahan Hollings Smith (NH) today illustrates the progress being Carper Hutchinson Smith (OR) was not included in the May 2000 hear- Chafee Hutchison Snowe made under Democratic leadership and ing for a few other Pennsylvania nomi- Cleland Inhofe Specter the fair and expeditious way in which nees. His not being included was a part Clinton Jeffords Stabenow we have considered nominees. Judge of the discussion on the record, a dis- Cochran Johnson Stevens Legrome Davis was first nominated to Collins Kennedy Thomas cussion about unwillingness of some to Conrad Kerry Thompson the position of U.S. District Court act on nominees in a presidential elec- Corzine Kohl Thurmond Judge for the Eastern District of Penn- tion year although Senator SPECTER Craig Kyl Torricelli sylvania by President Clinton on July Crapo Landrieu Voinovich emphasized his personal commitment Daschle Leahy Warner 30, 1998. The Republican-controlled to supporting Judge Davis. Senator Dayton Levin Wellstone Senate took no action on his nomina- HATCH never indicated to me that he DeWine Lieberman Wyden tion and it was returned to the Presi- thought Democratic opposition was the Dodd Lincoln dent at the end of 1998. On January 26, Domenici Lott reason he could not include Judge 1999, President Clinton renominated Legrome Davis in a hearing over those NOT VOTING—3 Judge Davis for the same vacancy. The 3 years. Inouye Nelson (NE) Nickles Senate again failed to hold a hearing Judge Davis has served as a Judge on for Judge Davis and his nomination The bill (H.R. 3525), as amended, was the Court of Common Pleas in the was returned to the President on De- passed. First Judicial District in Pennsylvania cember 15, 2000, after 2 more years of for more than 13 years. Prior to serving (The bill will be printed in a future inaction in a second full Congress while as a judge, he had an extensive career edition of the RECORD.) the Senate was controlled by a Repub- litigating criminal cases in State Mr. REID. Mr. President, I move to lican majority. Under Republican lead- courts. He has participated in numer- reconsider the vote. ership, Judge Davis’ nomination lan- ous task forces and a variety of pro Mr. KENNEDY. I move to lay that guished before the Committee for 868 bono projects aimed to improve the ju- motion on the table. days without a hearing. Unfortunately, dicial system. He is well-qualified and The motion to lay on the table was Judge Davis was subjected to the kind has broad bipartisan support. I know agreed to. of inappropriate partisan rancor that that Judge Davis and his family are Mr. REID. Madam President, I sug- befell so many other nominees to the glad that this day has finally arrived. I gest the absence of a quorum. district courts in Pennsylvania and to expect that the people served by the the Third Circuit during the years Re- The PRESIDING OFFICER. The Eastern District of Pennsylvania will publicans controlled the Senate. I want clerk will call the roll. be happy with the Senate’s action to note emphatically, however, that I today. The assistant legislative clerk pro- know personally that the senior Sen- Judge Davis will be the 45th judicial ceeded to call the roll. ator from Pennsylvania, Mr. SPECTER, nominee to be confirmed since last Mr. REID. Mr. President, I ask unan- supported Judge Davis’s nomination July when the Senate Judiciary Com- imous consent that the order for the and worked hard to get him a hearing mittee reorganized after the Senate quorum call be rescinded. and a vote. The lack of Senate action majority changed. With today’s vote on The PRESIDING OFFICER. Without on Judge Davis’s initial nominations Judge Davis, the Senate will confirm objection, it is so ordered. are in no way attributable to a lack of its 45th judicial nominee in the less April 18, 2002 CONGRESSIONAL RECORD — SENATE S2933 than 10 months since I became Chair- by Republican critics are just plain from 1995 through July 10, 2001, vacan- man this past summer. The Senate has wrong and unfair, but that does not cies on the Courts of Appeals increased confirmed more judges in the last 10 seem to matter to Republicans intent from 16 to 33, more than doubling. months than were confirmed in 4 out of on criticizing and belittling every When I became chairman of a Com- 6 full years under Republican leader- achievement of the Senate under a mittee to which Members were finally ship. The number of judicial confirma- Democratic majority. I would like to assigned on July 10, we began with 33 tions over these past 10 months 45 ex- commend the members of the Judici- Courts of Appeals vacancies. That is ceeds the number confirmed during all ary Committee and our Majority Lead- what I inherited. Since the shift in ma- 12 months of 2000, 1999, 1997 and 1996. er and Assistant Majority Leader for jority last summer, 5 additional vacan- As our action today demonstrates, all of their hard work in getting us to cies have arisen on the Courts of Ap- again, we are moving at a fast pace to this point. The confirmation of the peals around the country. With this fill judicial vacancies with nominees 45th judge in less than 10 months, espe- week’s confirmation of Judge O’Brien, who have strong bipartisan support. cially these last 10 months, in spite of we have reduced the number of circuit Those partisan critics who assert that the unfair and personal criticism to court vacancies to 30. That is, we have our rate of confirming President Bush’s which they have each been subjected, is kept up with attrition by confirming 5 judicial nominees is bad are ignoring an extraordinary achievement and a Court of Appeals judges and then acted the facts. They willfully confuse the real example of Senators acting in a bi- to lower the number of vacancies by al- actual ‘‘pace,’’ or rate, of confirmation partisan way even when the other side ready confirming 3 additional judges. with the misleading percentages they makes it as difficult as possible. Those are the facts. like to construct. The facts are that Republicans have been imposing a Since our Republican critics are so looking at the number of confirmations double standard on circuit court vacan- fond of using percentages, I will say in similar time periods shows that we cies as well. The Republican attack is that we will have now reduced the va- are confirming President Bush’s nomi- based on the unfounded notion that the cancies on the Courts of Appeals by al- nees at a faster pace than the nominees Senate has not kept up with attrition most 10 percent in the last 10 months. of prior presidents, including those who on the Courts of Appeals. Well, the In other words, by confirming 3 more worked closely with a Senate majority Democratic majority in the Senate has nominees than the 5 required to keep of the same political party. more than kept up with attrition, and up with the pace of attrition, we have The rate of confirmation in the past we have been acting to close the vacan- not just matched the rate of attrition, 10 months actually exceeds the rates of cies gap on the Courts of Appeals that but surpassed it by 60 percent. I add confirmation in the past three presi- more than doubled under the Repub- this facetiously to show how ridiculous dencies. For example, in the first 15 lican majority. their use of percentages is in this set- months of the Clinton administration, Just this week, the Senate confirmed ting. 46 judicial nominees were confirmed, a Judge Terrence O’Brien to the United Rather than the 38 vacancies that would exist if we were making no pace on average of 3.1 per month. In States Court of Appeals for the Tenth progress, as some have asserted, there the first 15 months of the first Bush ad- Circuit by a vote of 98 to zero. His con- are now 30 vacancies—that is more ministration, 27 judges were confirmed firmation was the eighth circuit court than keeping up with the attrition on at a pace of 1.8 judges per month. Like- nominee to be confirmed in the almost the Circuit Courts. Republican critics wise, in President Reagan’s first 15 10 months since I became Chairman unfairly seek to attribute to the Demo- months in office, 54 judges were con- this past summer. Just today, the Sen- cratic majority the lack of action by firmed, a pace of 3.6 per month. In less ate Judiciary Committee voted on the the Republican majority before the his- than 10 months since the shift to a 11th Court of Appeals nominee to come toric change last summer. Democratic majority in the Senate in before the Committee in less than 10 While the Republican Senate major- less than two thirds of the time pe- months. Thus, another Court of Ap- ity increased vacancies on the Courts riod—President George W. Bush’s judi- peals nominee is already on the Senate of Appeals by over 100 percent, it has cial nominees have been confirmed at a Executive Calendar and being sched- taken the Democratic majority less rate of more than 4.5 judges per month, uled for floor action. than 10 months to reverse that trend, a faster pace than for any of the past 3 In a little less than 10 months since keep up with extraordinary turnover Presidents. the change in majority, the Senate has and, in addition, reduce circuit court 1 During the 6 ⁄2 years of Republican confirmed 8 judges to the Courts of Ap- vacancies overall. This is progress. control of the Senate, judicial con- peals and held hearings on 3 others. In Rather than having the circuit vacancy firmations averaged 38 per year a pace contrast, the Republican-controlled numbers skyrocketing, as they did of consideration and confirmation that majority averaged only 7 confirma- overall during the prior 61⁄2 years— we have already exceeded under Demo- tions to the Courts of Appeals per year. more than doubling from 16 to 33—the cratic leadership over these past 10 Seven. In the less than 10 months the Democratic-led Senate has reversed months in spite of all of the challenges Democrats have been in the majority, that trend. The vacancies numbers are facing Congress and the Nation during we have already exceeded the annual moving in the right direction—down. this period and all of the obstacles Re- number of Court of Appeals judges con- It is not possible to repair the dam- publicans have placed in our path. At firmed by our predecessors. The Senate age caused by longstanding vacancies the end of today, we have confirmed 45 in the last 10 months has confirmed as in several circuits overnight, but we judicial nominees in just 10 months. many Court of Appeals judges as were are improving the conditions in the This is almost twice as many confirma- confirmed in all of 2000 and more than 5th, 10th and 8th Circuits, in par- tions as George W. Bush’s father had were confirmed in 1997 or 1999, and 8 ticular. The confirmation of Judge over a longer period—27 nominees in more than the zero from 1996. Another O’Brien this week made the second 15—months than the period we have way to put it is that within the last 10 judge confirmed to the 10th Circuit in been in the majority in the Senate. months, the Democratic majority in the last 4 months. Next week we will The Republican critics typically the Senate has confirmed as many proceed with a nominee to the 6th Cir- compare apples to oranges to Court of Appeals judges as were con- cuit. mischaracterize the achievements of firmed in the 2000 and 1996 sessions Overall, in little less than 10 months, the last 10 months. They complain that combined and confirmed more Court of the Senate Judiciary Committee has we have not done 24 months of work in Appeals judges than were confirmed in held 16 hearings involving 55 judicial the less than 10 months we have been the 1999 and 1996 sessions combined or nominations. That is more hearings on in the majority. That is an unfair com- in the 1997 and 1996 sessions combined. judges than the Republican majority plaint. A fair examination of the rate The Republican majority assumed held in any year of its control of the of confirmation shows that Democrats control of judicial confirmations in Senate. In contrast, one-sixth of Presi- are working harder and faster on judi- January 1995 and did not allow the Ju- dent Clinton’s judicial nominees—more cial nominees, confirming judges at a diciary Committee to be reorganized than 50—never got a Committee hear- faster pace than the rates of the past 20 after the shift in majority last summer ing and Committee vote from the Re- years. The double standards asserted until July 10, 2001. During that period publican majority, which perpetuated S2934 CONGRESSIONAL RECORD — SENATE April 18, 2002 longstanding vacancies into this year. times during the 61⁄2 years he chaired and patience, and congratulate him Vacancies continue to exist on the the Judiciary Committee, I observed and his family on this important day. Courts of Appeals in large part because that, were the matter left up to us, we Mr. HATCH. Madam President, I rise a Republican majority was not willing would have made more progress on in support of the confirmation of Judge to hold hearings or vote on more than more judicial nominees. I thanked him Legrome Davis to the U.S. District half—56 percent—of President Clinton’s during those years for his efforts. I Court for the Eastern District of Penn- Court of Appeals nominees in 1999 and know that he would have liked to have sylvania. 2000, and was not willing to confirm a been able to do more and not have to Judge Davis’ nomination is yet an- single judge to the Courts of Appeals leave so many vacancies and so many other example of President Bush’s bi- during the entire 1996 session. nominees without action. partisan approach to judicial nomina- Despite the new-found concern from I hope to hold additional hearings tions. This is the second time, Judge across the aisle about the number of and make additional progress on judi- Roger Gregory being the first, that this vacancies on the circuit courts, no cial nominees. In our efforts to address administration has renominated a can- nominations hearings were held while the number of vacancies on the circuit didate who was originally nominated the Republicans controlled the Senate and district courts we inherited from by the previous adminstraiton. It is a in the 107th Congress last year. No the Republicans, the Committee has fo- rarity for a new adminstration to re- judges were confirmed during that time cused on consensus nominees for all nominate a previous administration’s from among the many qualified circuit Senators. In order to respond to what judicial nominees, especially when the court nominees received by the Senate Vice President CHENEY and Senator two administrations are of different on January 3, 2001, or from among the HATCH now call a vacancy crisis, the parties. Clearly, the President is lead- nominations received by the Senate on Committee has focused on consensus ing by example when he calls upon the May 9, 2001. nominees. This will help end the crisis Senate to rise above petty partisanship The Democratic leadership acted caused by Republican delay and ob- and provide fair hearings and prompt promptly to address the number of cir- struction by confirming as many of the votes to every judicial nominee regard- cuit and district vacancies that had President’s judicial nominees as quick- less of what party controls the White been allowed to grow when the Senate ly as possible. House or the Senate. was in Republican control. The Judici- Most Senators understand that the I have had the pleasure of reviewing ary Committee noticed the first hear- more controversial nominees require Judge Davis’ distinguished legal ca- ing on judicial nominations within 10 greater review. This process of careful reer, and I have come to the conclusion minutes of the reorganization of the review is part of our democratic proc- that he is a fine Pennsylvania State Senate, and held that hearing on the ess. It is a critical part of the checks judge who will only add to the distin- day after the Committee was assigned and balances of our system of govern- guished Federal bench in the Eastern new members. ment that does not give the power to District of Pennsylvania. That initial hearing included a Court make lifetime appointments to one Judge Davis graduated from Prince- of Appeals nominee on whom the Re- person alone to remake the courts ton University and Rutgers-Camden publican majority had refused to hold a along narrow ideological lines, to pack School of Law. After graduation, he hearing the year before. We held un- the courts with judges whose views are joined the Office of the District Attor- precedented hearings for judicial nomi- outside of the mainstream of legal ney of Philadelphia as an Assistant nees during the August recess. Those thought, and whose decisions would District Attorney in the Law and Trial hearings included a Court of Appeals further divide our nation. Divisions. Eventually, he rose to be- nominee who had been a Republican The Committee continues to try to come Assistant Chief of Narcotics and staff member of the Senate. We pro- accommodate Senators from both sides then Chief of the Rape Unit. ceeded with a hearing the day after the of the aisle. The Court of Appeals One of the many examples of his fine first anthrax letter arrived at the Sen- nominees included at hearings so far character revolves around a defend- ate. That hearing included a Court of this year have been at the request of ant’s rape conviction before Judge Appeals nominee. In a little less than Senator GRASSLEY, Senator LOTT, Sen- Davis led the D.A.’s Rape Unit. Upon 10 tumultuous months, the Senate Ju- ator SPECTER, Senator ENZI and Sen- examination of new evidence, it be- diciary Committee has held 16 hearings ator SMITH from New Hampshire—five came clear that the alleged victim, in involving 55 judicial nominations—in- Republican Senators who each sought a the case, suffered from paranoid schizo- cluding 11 circuit court nominees—and prompt hearing on a Court of Appeals phrenia and had hallucinated the we are planning to hold another hear- nominee who was not among those ini- criminal episode. The investigation ing next week for half a dozen more tially sent to the Senate in May 2001. that freed the defendant was conducted nominees, including another Court of Next week’s hearing will continue that by Davis. Appeals nominee. That is more hear- effort and include a Court of Appeals His record of rulings before the appel- ings on judges than the Republican ma- nominee from Tennessee at the request late courts is equally as impressive. jority held in any year of its control of of Senator THOMPSON. Judge Davis has filed approximately the Senate. The Republican majority Each of the 45 nominees confirmed by 150 cases, of which only 3 were over- never held 16 judicial confirmation the Senate has received the unani- turned on appeal—and the Pennsyl- hearings in 12 months and we have to mous, bipartisan backing of the Com- vania Supreme Court reinstated his de- do so in less than 10 months. mittee. Only Judge Roger Gregory has cision in one of those cases. The Senate Judiciary Committee is had a single vote cast against his con- Judge Davis has been a champion in holding regular hearings on judicial firmation in all of the Senate votes on reforming the Philadelphia court sys- nominees and giving nominees a vote all of these nominees. The confirma- tem. He helped author and was an early in Committee, in contrast to the prac- tion of Judge Davis is the 45th judicial proponent of Philadelphia’s differen- tice of anonymous holds and other ob- nominee to be confirmed since I be- tiated case management system. This structionist tactics employed by some came Chairman last July. Like Judge system, which groups defendants with during the period of Republican con- Roger Gregory, this is the confirma- similar case dispositions into one of trol. The Democratic majority has re- tion of a qualified nominee who could four ‘‘tracks,’’ has resulted in a 47 per- formed the process and practices used not get a hearing when the Republican cent reduction in the Felony-Waiver in the past to deny Committee consid- majority controlled the Senate. I had Unit’s pending inventory. eration of judicial nominees. We have hoped that at the end of the day, jus- I am very pleased that we will con- moved away from the anonymous holds tice would be done. I am glad that this firm Judge Davis today. that so dominated the process from is that day, and that at the end of Mr. SPECTER. Madam President, in 1996 through 2000. We have made home today Judge Davis will also have been January 2002, Judge Legrome Davis State Senators’ blue slips public for considered and confirmed. These con- was nominated by President Bush to the first time. sensus nominees could and should have serve on the United States District I do not mean by my comments to been acted upon before this year. I Court, Eastern District of Pennsyl- appear critical of Senator HATCH. Many thank Judge Davis for his commitment vania. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2935 The American Bar Association rated The PRESIDING OFFICER. The throughout this ordeal. Dr. Ogilvie has Judge Davis as well-qualified for a question is, Will the Senate advise and been our Chaplain now for 7 years, judgeship on the United States District consent to the nomination of Legrome since 1995, and over the years he has Court for the Eastern District of Penn- D. Davis, to be United States District been the source of real strength for sylvania. Judge for the Eastern District of Penn- many of us in times of sorrow, in times Judge Davis presently serves on the sylvania? The yeas and nays have been of difficulty. Especially these last dif- Court of the Common Pleas of Phila- ordered, and the clerk will call the roll. ficult months, we have relied on his delphia County, a position he has held The assistant legislative clerk pro- wise and compassionate counsel over since 1987. ceeded to call the roll. and over again. Now it is our turn to be From 1992 until January 2001, Judge Mr. REID. I announce that the Sen- the source of strength for him, for Mrs. Davis served as the Supervising Judge ator from California (Mrs. BOXER), the Ogilvie, and for their family. of the Criminal Division, with prin- Senator from Hawaii (Mr. INOUYE), and The Chaplain’s Office asked that we cipal responsibility for all issues of pol- the Senator from Nebraska (Mr. NEL- not send flowers because they are not icy, planning and administration in- SON) are necessarily absent. permitted in intensive care, but if you volving criminal case processing. Mr. LOTT. I announce that the Sen- believe in prayer, they say, please pray During his tenure as Supervising ator from Oklahoma (Mr. NICKLES), the for Mrs. Ogilvie. We will certainly do Judge, numerous city, state and federal Senator from Missouri (Mr. BOND), and so. funding authorities awarded the First the Senator from Kansas (Mr. ROB- We want to extend—I know on behalf Judicial District more than nineteen ERTS) are necessarily absent. of all Senators, Republican and Demo- million dollars to support supervisory The PRESIDING OFFICER. Are there cratic—our sincere best wishes for a endeavors for defendants developed by any other Senators in the Chamber de- complete and full recovery. We wish Judge Davis and administered under siring to vote? her strength, and we want her to know his direction. The result was announced—yeas 94, that our thoughts and prayers are with He is the Coordinator of the Female nays 0, as follows: her tonight and will continue to be Offenders’ Criminal Justice Treatment [Rollcall Vote No. 76 Ex.] with her until she returns to good Network, a collaborative project link- YEAS—94 health. ing the criminal justice and treatment Akaka Durbin Lugar I just talked to Dr. Ogilvie this after- communities in addressing the complex Allard Edwards McCain noon. He has informed me that the and special challenges of women in the Allen Ensign McConnell prognosis is improving. We hope that criminal justice system. Baucus Enzi Mikulski that will be the case throughout the Bayh Feingold Miller Judge Davis was integral in concep- Bennett Feinstein Murkowski weekend. We wanted to make note of tualizing and implementing the court Biden Fitzgerald Murray this at this time. reforms which were integral to the sus- Bingaman Frist Nelson (FL) I know my colleague, the distin- pension of the federal prison cap in Breaux Graham Reed guished Republican leader, has also had Brownback Gramm Reid 1995. Bunning Grassley Rockefeller a conversation with Dr. Ogilvie, and to Previously he worked for Ballard, Burns Gregg Santorum accommodate his words at this time, I Spahr, Ingersoll & Andrews, and the Byrd Hagel Sarbanes yield the floor. Campbell Harkin Schumer Office of the General Counsel of the Cantwell Hatch Sessions The PRESIDING OFFICER. The Re- University of Pennsylvania. He was Carnahan Helms Shelby publican leader. also an Assistant District Attorney for Carper Hollings Smith (NH) Mr. LOTT. I thank Senator DASCHLE nine years, serving in the Homicide, Chafee Hutchinson Smith (OR) for making our colleagues and those Cleland Hutchison Snowe Narcotics, and Career Criminal Units, Clinton Inhofe Specter who follow the situation in the Senate and was the Chief of the Rape Prosecu- Cochran Jeffords Stabenow aware of the struggle our Chaplain is tion Unit when he left office to seek a Collins Johnson Stevens going through now. He has been a chap- Conrad Kennedy Thomas lain and a minister for all of us. state court judgeship. Corzine Kerry Thompson He has been honored by the Pennsyl- Craig Kohl Thurmond As Senator DASCHLE said, each one of vania Trial Judges Association ‘‘Gold- Crapo Kyl Torricelli us has had moments of difficulty over en Crowbar Award, the Philadelphia Daschle Landrieu Voinovich the past 7 years. He is always there. Dayton Leahy Warner Common Pleas Court Board of Judges DeWine Levin Wellstone Just recently, when my wife lost her Exceptional Service Award, the Phila- Dodd Lieberman Wyden father, she didn’t get to talk to Dr. delphia Bar Association; Thurgood Domenici Lincoln Ogilvie, but he left a message on the Marshall Award, the Philadelphia Coa- Dorgan Lott recorder. It was like a message from lition for Victim Advocacy; Victim Ad- NOT VOTING—6 heaven, just magnificent; so meaning- vocacy Award and the Fraternal Order Bond Inouye Nickles ful, my wife saved it and listened to it of Police Honorary Lifetime Member- Boxer Nelson (NE) Roberts more than once. ship—Lodge 92. The nomination was confirmed. So at this time when our Chaplain is Mr. REID. Madam President, I sug- f facing difficulty, certainly we need him gest the absence of a quorum. to know of our thoughts and our pray- The PRESIDING OFFICER. The LEGISLATIVE SESSION ers. When I spoke to him, I told him clerk will call the roll. The PRESIDING OFFICER. The Sen- that I believe in miracles and that his The assistant legislative clerk pro- ate will return to legislative session. wife can pull through this and rejoin ceeded to call the roll. The majority leader. the Senate family. Mr. DASCHLE. Madam President, I f Mary Jane is very much a part of the ask unanimous consent that the order family. She attends events; she goes for the quorum call be rescinded. WISHING MARY JANE OGILVIE A with our Chaplain so many places. She The PRESIDING OFFICER. Without FULL RECOVERY is his helpmate. As I spoke with him a objection, it is so ordered. Mr. DASCHLE. Madam President, I few minutes ago, I could just feel it in Mr. DASCHLE. Madam President, if I wanted to come to the floor before the his voice; he is just really so worried. could announce to colleagues, this is end of the day to alert our colleagues I join Senator DASCHLE and all of the the last vote tonight. There will not be on a matter about which I know they Senate in extending to them our love any votes tomorrow. The Senate will would all be concerned. Mary Jane and our thoughts and prayers. We look not be in session tomorrow, and there Ogilvie, wife of our Chaplain, a very forward to continuing to follow her im- will be no rollcall votes on Monday. treasured member of our Senate fam- provements. We have the Senate physi- The next rollcall vote will occur some- ily, is battling bacterial pneumonia cian, Dr. Frist, on the job. He is keep- time Tuesday morning. this week. She is in an area hospital ing us posted of how she is doing. We I thank my colleagues. Have a good and in serious but stable condition. will be thinking about them over the evening and a good weekend. Dr. Ogilvie and his children are, of next weekend and look forward to I yield the floor. course, with her as they have been them being back in full form and with S2936 CONGRESSIONAL RECORD — SENATE April 18, 2002 us on all these many occasions at production, renewables, unconven- has unveiled a plan that ultimately which we enjoy their presence. tional production, for conservation. falls short of the substantive protec- I yield the floor. The House passed a tax title to their tions needed to protect America’s The PRESIDING OFFICER. The Sen- energy bill which totals about $30 bil- workers. ator from Montana. lion. In response, Senator JOHN BREAUX f I fully agree with the distinguished and others have introduced a bill that Senator that the Finance Committee would require that the Department of NATIONAL LABORATORIES PART- provisions, which will help wean us Labor promulgate a new rule on NERSHIP IMPROVEMENT ACT OF away from OPEC by providing incen- ergonomics within 2 years. 2001—Continued tives on matters that I suggested, are I am deeply concerned that the ad- Mr. BAUCUS. What is the business of vitally important. And I hope—in fact, ministration continues to build on its the Senate? I expect—that the Senate, before it record of putting special interests The PRESIDING OFFICER. S. 517 is passes an energy bill, will also include above working Americans. I believe the pending business. these provisions because they are such that Senator BREAUX’s bill is an impor- Mr. BAUCUS. Madam President, I an integral and vital part of the bill. tant measure that clarifies that work- ask unanimous consent that there be a I thank all concerned, particularly ers deserve real protections, not more time limitation of 1 hour equally di- my good friend from Mississippi. studies and voluntary guidelines. vided between myself and Senator I yield the floor and suggest the ab- Unfortunately, the administration’s GRASSLEY for debate on the Finance sence of a quorum. late announcement fails to provide Committee energy tax amendment; The PRESIDING OFFICER. The workers adequate protections. The ad- that no amendments be in order to my clerk will call the roll. ministration’s plan states an ‘‘intent’’ amendment except a second-degree The legislative clerk proceeded to to develop voluntary guidelines for se- amendment by Senator GRASSLEY; that call the roll. lected industries. Senator BREAUX’s at the conclusion or yielding back of Mr. REID. Madam President, I ask bill will ensure that the administration the time, the Senate vote in relation to unanimous consent that the order for provides real protections and not hol- Senator GRASSLEY’s second-degree the quorum call be rescinded. low promises. amendment and to my Finance Com- The PRESIDING OFFICER. Without f mittee amendment. objection, it is so ordered. The PRESIDING OFFICER. Is there STATUS OF JUDICIAL The Senator from Nevada is recog- CONFIRMATIONS objection? nized. Mr. LOTT. Reserving the right to ob- Mr. HATCH. Madam President, I CLOTURE MOTION ject, I supported this tax section that would like to respond to some com- Mr. REID. Madam President, I send a Senator BAUCUS is trying to add to the ments made yesterday on the topic of cloture motion to the desk. energy bill at this time when we had it judicial confirmations. I had no inten- The PRESIDING OFFICER. The clo- in the Finance Committee. Obviously, tion of bringing up this topic today, ture motion having been presented there are some things in there that I but now I find myself with no choice under rule XXII, the Chair directs the would prefer not be in there. But we but to again set the record straight clerk to read the motion. had an overwhelming vote out of the with respect to the comments my col- The legislative clerk read as follows: Finance Committee in support of this league made earlier yesterday. package. CLOTURE MOTION First, I would like to put my remarks An energy policy that does not in- We, the undersigned Senators, in accord- in context. I began this Session of the clude a tax section is not a complete ance with the provisions of rule XXII of the 107th Congress by praising the way Standing Rules of the Senate, hereby move policy. We have to have some incen- that Chairman LEAHY and the Senate’s to bring to a close the debate on the Daschle/ tives for these hybrid cell vehicles and Bingaman substitute amendment No. 2917 for Democratic leader had begun to handle to try to get marginal wells back in Calendar No. 65, S. 517, a bill to authorize judicial nominations. One of the rea- production, to encourage biomass, to funding for the Department of Energy and sons I did so was that I had detected do everything we can, along with the for other purposes: the possibility that the Judiciary Com- policy that is included in this bill, to Jeff Bingaman, Jean Carnahan, Edward mittee may be headed in a new direc- also encourage more energy production Kennedy, Pattie Murray, Mary tion as we began a new Session. I and more energy conservation through Landrieu, Byron L. Dorgan, Robert sensed a chance that, after more than the Tax Code. Torricelli, Bill Nelson, John Breaux, eight months of Democratic control, Tom Carper, Tim Johnson, Hillary R. I support this. I will be glad to work Clinton, Jon Corzine, John Rockefeller, the leaders might stop steering their with Senator BAUCUS to see that we get Daniel Inouye, Max Baucus, Harry course by staring at the rear-view mir- it included in the Senate package or Reid, and Maria Cantwell. ror, and would begin to look forward certainly in the conference when a con- f through the windshield at the work ference is completed. We have to do ahead. I thought that they might begin that. MORNING BUSINESS to sense the American people’s frustra- But at this time, we do have an ob- Mr. REID. Madam President, I ask tion at the Senate’s stonewalling of jection from our side of the aisle. And unanimous consent that the Senate President Bush’s priorities—especially on behalf of a Senator who has a tax proceed to a period for morning busi- his selections for the judiciary. Obvi- provision in which he is very inter- ness, with Senators permitted to speak ously, now that we are in the eleventh ested, I am constrained to object. therein for not to exceed 5 minutes month of Democratic control, my opti- The PRESIDING OFFICER. Objec- each. mism has become tarnished not only tion is heard. The PRESIDING OFFICER. Without by the continuing extremely slow pace The Senator from Montana. objection, it is so ordered. of confirmations and the blatant mis- Mr. BAUCUS. Madam President, I f treatment of Judge Pickering, but also hear the distinguished Senator from by the kind of comments we heard this Mississippi. I very much understand DEPARTMENT OF LABOR’S morning that actually attempt to per- the reasons for his objection. I deeply ERGONOMICS ANNOUNCEMENT suade the American people that the appreciate his statement in support of Mr. DASCHLE. Madam President, Senate’s record is acceptable. the Finance Committee title that we since President Bush signed into law a I want to correct a couple distortions hope to offer to this bill. provision to overturn the ergonomics of the record and explain what is really The provisions in the Finance Com- rule, over 1.8 million workers have suf- going on in the Judiciary Committee. mittee title total roughly $15 to $16 bil- fered ergonomic injuries. At that time My colleague began his comments lion over 10 years. The Senate hope- Secretary Chao promised ‘‘to pursue a with the assertion that the Democrats fully will pass the Senate-passed comprehensive approach to ergo- have only been in charge of the Judici- version of tax incentives. It will be in- nomics.’’ However, now more than a ary Committee since the end of July centives for production, conventional year later, the Department of Labor rather than the beginning of June— April 18, 2002 CONGRESSIONAL RECORD — SENATE S2937 which somehow adds up to 9 months. vacancies in the Federal judiciary—a of the Freedom of Association recog- This particular exercise in make be- vacancy rate of more than 11.2 per- nized by the Supreme Court in NAACP lieve is apparently very important for cent—and we have 53 nominees pend- v. Alabama as an extension of First some of my colleagues to repeat over ing—plus 4 nominees for the Court of Amendment speech. Such intimate as- and over. But the fact is—as everyone Federal Claims. Twenty of the pending sociation, Justice Brennan said, must in the Senate knows—that Democrats nominees are for circuit court posi- be protected ‘‘as a fundamental ele- took charge of the Senate on June 5, tions, yet the Senate has confirmed ment of personal liberty,’’ and ‘‘choices not at the end of July. Considering only 2 circuit judges this session. This to enter into and maintain certain inti- that it is now the middle of April, we is despite a crisis of 30 vacancies pend- mate human relationships must be se- are now in the eleventh month of ing in the circuit courts nationwide— cured against undue intrusion . . . be- Democratic control. virtually the same number of vacancies cause of the role of such relationships Why is this important? Playing pending when the Democrats took con- in safeguarding the individual freedom make-believe that the month of June trol of the Senate in June of last year. central to our constitutional scheme.’’ didn’t exist last year helps some of my These numbers beg the question: If The Court went on to describe the at- colleagues explain away the fact that the Judiciary Committee is not mak- tributes of such intimate associations they failed to hold any confirmation ing any progress on the judicial va- as ‘‘relative smallness . . . a high de- hearings during that entire month. cancy crisis, What is happening in the gree of selectivity in decisions to begin There is no basis for the underlying as- Judiciary Committee? What is the and maintain the affiliation, and seclu- sertion that the lack of an organiza- Committee doing in lieu of confirming sion from others in critical aspects of tional resolution prevented the Judici- President Bush’s nominees? the relationship.’’ ary Committee from doing so. It cer- Well, the judicial confirmation proc- I should note that the club that tainly didn’t stop 9 other Senate Com- ess appears to be falling into the hands Judge Smith belonged to has only 115 mittees from holding 16 confirmation of some extreme-left special-interest members. hearings for 44 nominees during that groups whose political purposes are I for one, stand by the American peo- same month. And it did not prevent the served by launching invidious attacks ple’s Freedom of Association as defined Judiciary Committee from holding five on the good people President Bush has by the Supreme Court. As Justice hearings in three weeks on a variety of nominated to serve as judges. Thurgood Marshall pointed out, the issues other than pending nominations. We all know too well what happened ability to associate as we see fit is part Of course, the month-of-June distor- to Judge Pickering, who was a decent, of what makes this country great, and tion is simply part of the larger cha- honorable man who is clearly qualified a freedom we honor. And I hope we can rade of pretending that the current ju- to be a judge on the Fifth Circuit Court all recognize that Judges, or people dicial vacancy crisis has less to do with of Appeals. So I won’t recount that who might want to be Judges someday, the last 11 months of foot dragging very unfortunate situation. But I should be just as free as anyone else to than with the Committee’s work be- would like to warn everyone that the exercise that right. There is no point tween the years 1994 and 2000. The fact stoves of the special interest groups to turning the nomination of Judge is that, at the close of the 106th Con- are readying to boil up an attack on Smith into a referendum on the Free- gress, there were only 67 vacancies in Judge Brooks Smith of Pennsylvania dom of Association. And there is cer- the federal judiciary. In the space of who had a hearing nearly two months tainly no sympathy among the Amer- one Democratic-controlled congres- ago but still has had no vote in the Ju- ican electorate to turn yet another of sional session last year, that number diciary Committee. President Bush’s judicial nominees shot up to nearly 100, where it remains If you are waiting to hear that some into a mere single-issue caricature today. The broader picture shows that profound issue has been raised about a when Judge Smith has an outstanding the Senate confirmed essentially the complicated or important legal issue, I record of service to our country. same number of judges for President am sorry to disappoint you. The fact is Clinton (377) as it did for President that Judge Smith has a very distin- I am very concerned that any further Reagan (382), which proves bipartisan guished record as a Federal judge for delay of Judge Smith’s confirmation fairness—especially when you consider nearly 14 years, and no one has ques- will lead to even more cynicism about that both Presidents has six years of tioned his ability or competence. So the Senate in the minds of the Amer- Republican control in the Senate. what is the great issue that may well ican people. The voters who have So, how did we go from 67 vacancies be endangering his nomination—you watched the Judiciary Committee dur- at the end of the Clinton Administra- might ask? Well, believe it or not, ing the past eleven months already tion to nearly 100 today? There can be some are trying to make hay out of the know that the vacancy crisis is not tit only one answer: The current pace of fact that Judge Smith used to be a for tat or mere payback for anything hearings and confirmations is simply member of a small family-oriented that happened in the past. The voters not keeping up with the increase in va- fishing club—like hundreds that exist know that the Democratic leadership cancies. We are moving so slowly that from Vermont to Wisconsin to North has plunged into truly uncharted terri- we are making no forward progress. Carolina to Utah, that happens to limit tory, holding up an absolutely unprece- President Bush nominated 66 highly membership to men. dented percentage of President Bush’s qualified individuals to fill judicial va- Let me note at the outset that Judge nominees and, in the process, allowing cancies last year. But in the first four Smith’s nomination is supported by leftist special interest groups to smear months of Democratic control of the the Women’s Bar Association of West- decent and accomplished public serv- Senate last year, only 6 federal judges ern Pennsylvania and the local Domes- ants in order to serve highly partisan were confirmed. At several hearings, tic Violence Board in Pennsylvania. political aims. the Judiciary Committee considered The people who know him best are the There is no better way to understand only one or two judges at a time. The ones who support him the most. the extreme partisanship of these pow- Committee voted on only 6 of 29 circuit It is also important to recognize that erful leftist groups than to look at the court nominees in 2001, a rate of 21%, the Judiciary Committee, in 1990, and irony in their call for ‘‘diversity’’ on leaving 23 of them without any action the Judicial Conference, in 1992, each the circuit courts of appeal. I of course at all. In fact, eight of the first eleven made clear that Judges or nominees agree with having a diverse judiciary, judges that President Bush nominated can belong to single-gender clubs so but I do not believe that these groups on May 9 of last year still have not had long as the club exhibits certain at- mean what they say. a hearing—despite being pending for tributes of privacy first articulated by Let’s look at judicial diversity. Right 344 days as of today. Justice William Brennan for the Su- now, over 50 percent of the active fed- It is time for this Senate to examine preme Court in Roberts v. Jaycees. eral judges in America were appointed the real situation in the Judiciary In Roberts, Justice Brennan—the by President Clinton. The best way to Committee, rather than listen to more great liberal patriarch of American ju- ensure diversity on the bench is for the inventive ways of distorting it. We risprudence—first articulated the right Senate to confirm more Bush nominees have lots of work to do. There are 96 of intimate association in furtherance who will enforce existing law and leave S2938 CONGRESSIONAL RECORD — SENATE April 18, 2002 lawmaking to the people’s elected rep- this situation. Instead, it is pouring its show debtors how to circumvent the resentatives, including the President’s energy into creative accounting and law. We have been told that we can nominees from Minority groups. make believe. But the American people only impose a residency requirement of But I fear that nominees like Miguel are sick of the charades and are dis- two and a half years Estrada, whom the President has nomi- gusted by the personal destruction for This will not do. First, it does noth- nated to be the first Hispanic to sit on partisan purposes. They want the Sen- ing to stop lifelong residents of Texas the second most prestigious court in ate to help—not hinder—President or Florida. Ken Lay has lived there the land, are not getting a fair shake Bush. I urge my friends across the aisle most of his life. So has Andrew Fastow. because out-of-the-mainstream liberal to focus on this situation, to step up They get away scot free under this pro- groups show increasing intolerance to the pace of hearings and votes, to re- posal. Second, most bankruptcy attor- Hispanics and African-Americans who sist the powerful leftists who are the neys will tell you that anyone rich don’t subscribe to the left-of-main- enemies of the independent judiciary, enough can plan 2 to 3 years in ad- stream ideology. The intolerance is not and to do what’s right for the country. vance. because of race, but because many lib- f In the spirit of compromise, we have erals will not give the time of day to agreed to raise the homestead cap to any minority or woman who have be- HOMESTEAD EXEMPTION TO THE BANKRUPTCY BILL $175,000—a figure that far exceeds the come accomplished in any field other average amount of equity a Houston than liberal activism. I fear that the Mr. KOHL. Madam President, the homeowner has in their house. So, the Liberals are seriously thinking about bankruptcy conference will meet on average homeowner will not be affected shutting the door to our Courts of Ap- Tuesday to discuss and attempt to re- at all by this provision, only the ex- peal to any Hispanic, African-American solve the remaining differences be- traordinarily wealthy debtor. And even or woman who does not toe the line of tween the House and Senate versions of now, we remain open to effective and the radical, left-of center special inter- the bill. practical proposals aimed at solving One of those issues is the Senate pro- est groups. That would be a great trag- this inequity. vision that addresses the single most edy for our country. I would be an end Yet, we may not have an opportunity offensive abuse in the bankruptcy sys- to the very diversity that is the to reach that compromise. Instead, tem, the homestead exemption. As we strength of America and its judicial those that want the bill so badly that all know, the homestead exemption al- system. they are willing to legislate unfairness lows debtors in five privileged States We cannot allow outside groups to into the bankruptcy code are trying to to declare bankruptcy but still shield impede progress. In fact, what we need get their way. unlimited millions of dollars in their is to approve more circuit judges at a We should remember that one of the homes from their creditors. faster pace to address the vacancy cri- central principles of the bankruptcy sis in the federal appellate courts. The With every year that passes, we learn of new cases where scoundrels have de- bill is that people who can pay part of Sixth Circuit is presently functioning their debts should be required to do so. at a 50 percent capacity. Eight of that clared bankruptcy in States like Flor- ida and Texas but have continued to But the call to reform rings hollow court’s 16 seats are vacant. President live like kings in multi-million dollar when the proposal creates an elaborate, Bush has nominated 7 well qualified in- mansions. taxpayer-funded system to squeeze an dividuals to fill the vacancies on that Just 2 weeks ago, the New York extra $100 a month out of middle-class court. Two of those nominees, Deborah Times ran a story on former Enron ex- debtors but allows people like Burt Cook and Jeffrey Sutton, have been ecutives like Ken Lay and Andrew Reynolds to declare bankruptcy, wipe pending since May 9 of last year—344 Fastow who are doing some bank- out $8 million in debt, and still hold on days of inaction. They have languished ruptcy planning of their own. They are to a $2.5 million Florida mansion. in Committee without so much as a selling numerous properties around the To put it another way, political expe- hearing while the Sixth Circuit func- country worth millions of dollars, but diency may well trump fairness. The tions at 50 percent capacity. Another retaining—or in some cases even build- rich will be able to pour millions of appellate court that is in trouble is the ing—luxury homes in Texas or Florida. dollars into the value of their Florida D.C. Circuit, which is missing one-third Using the homestead exemption, Lay home, their Texas ranch, or their un- of its judges: It has only 8 of its 12 will be able to retain his $7.1 million improved plot of land secure in the seats filled. President Bush nominated condominium in the finest apartment knowledge that their creditors will two exceedingly well qualified individ- building in Houston and Fastow will never be able to touch it. Yet, the aver- uals to fill seats on the D.C. Circuit on keep his multi-million dollar mansion age debtor will lose their house and May 9 of last year. Those individuals, currently under construction. They most of their personal possessions as Miguel Estrada and John Roberts, are will be able to enjoy their mansions, they try to repay their debts. among the most well respected appel- even if they declare bankruptcy, as We have made historic changes to the late lawyers in the country. Yet the their former employees struggle to find bankruptcy code, but have chosen not Judiciary Committee has not granted a new paycheck or to cover the rent. to remedy the worst abuse of them all. them a hearing, much less a vote. Last year, it was Paul Bilzerian—a We can only hope that between now Part of the problem is a decision by convicted felon—who tried to wipe out and the conference committee’s meet- the Committee not to consider more $140 million in debts and all the while ing on Tuesday, the parties to this deal than one circuit judge per hearing. In held on to his 37,000 square foot Florida will have a change of heart. fact, the Committee has not moved mansion worth over $5 million—with f more that one circuit judge per hearing its 10 bedrooms, two libraries, double during the entire time the Democrats gourmet kitchen, racquetball court, in- ADDITIONAL STATEMENTS have had control of the Senate. When I door basketball court, movie theater, was Chairman, I had 10 hearings with full weight and exercise rooms, and TRIBUTE TO JAMES GRIMMER more than one circuit nominee on the swimming pool. agenda. If we are going to get serious The Bankruptcy Conference has a ∑ Mr. SHELBY. Mr. President, today I about filling circuit vacancies, then I real chance to put an end to this now. pay tribute to James B. Grimmer, a encourage my Democratic colleagues The Senate has repeatedly—year after business pioneer in Birmingham, AL, to move more than one circuit nominee year—voted overwhelmingly in favor of and a dedicated community leader and per hearing. a provision that would put a hard cap family man. He was responsible for de- The bottom line of all this is that on the amount of home equity that a veloping over thirty shopping centers America is facing a real crisis facing debtor can retain even after bank- throughout the Southeast, which its federal judiciary, especially the cir- ruptcy. The Senate should insist on a helped to spur business and economic cuit courts of appeals, due to the near- real and meaningful solution to this development in the region. Mr. ly 100 vacancies that plague it. The Ju- problem. Grimmer died in Birmingham on March diciary Committee has decided not to But so far, the only compromises we 12 at the age of 81. I would like to take make any progress toward remedying have been offered are road maps that a few moments to reflect on the life of April 18, 2002 CONGRESSIONAL RECORD — SENATE S2939 a man who brought opportunity to Dr. Buster has been in education for this Nation’s brightest stars, Mr. Seiji many in the Southeast and lived a life over 50 years, seventeen of those years Ozawa, who has presided over the Bos- committed to family, friends and com- as a school superintendent and the last ton Symphony Orchestra as music di- munity. 7 years as Superintendent for Clovis rector for the last 29 years. On April 20, James Grimmer was born on March Unified School District. Dr. Buster is Seiji will conduct the BSO in Mahler’s 23, 1920 and raised in East Lake, AL. He committed to educational excellence. Ninth Symphony and the conclusion of attended Ramsay High School and He has taught all levels of school: ele- that performance will mark the final graduated from Woodlawn High in Bir- mentary, junior high, high school and installation of his work in Massachu- mingham. Upon finishing high school college, successfully serving many setts. The enthusiasm and precision he and unable to join the armed forces due school districts in California and along brings to his craft are legendary, and to age restrictions, James joined the the way has implemented visionary as he prepares to assume his new post Royal Canadian Air Force in 1937 be- programs. at the Vienna State Opera, I want to fore he turned eighteen. However, with In Clovis Unified, Dr. Buster imple- take a moment to join people through- America’s imminent entrance into mented Class Size Reduction and Early out Massachusetts and across the coun- World War II, James dutifully returned Literacy Instruction in grades 1–3. In try in expressing our gratitude for the to the United States to serve in the these grade levels, only 20 students or contributions he has made during his U.S. Army Air Corps. He eventually re- fewer are enrolled in each class, thus time with the BSO. tired from the military as a Lt. Colonel giving the students a better ability to For the last three decades Seiji in the U.S. Air Force. learn during these critical early years. Ozawa has challenged colleagues with After the war, James embarked on a Some of his most prized work in Clovis his innovative interpretations and long and stellar career in real estate Unified School District has been in the charmed audiences with his playful en- development. In 1955, he joined the firm following programs: Community of ergy and focus. Through award-winning of Moulton, Allen & Williams. It was Readers, a program where volunteers recordings, and celebrated perform- with this firm that he developed the in the community are trained to assist ances in cities around the world, he has Eastwood Mall, which was the students with reading one hour each brought the beauty and insight of clas- Southeast’s first enclosed mall. It had week; CHARACTER COUNTS, a pro- sical music to life for people of all such a positive impact on the commu- gram that teaches the six pillars of ages. His service to the BSO stands as nity that other developers soon fol- success—Responsibility, Respect, Fair- the longest continuous directorship in lowed James’ lead and established nu- the history of the symphony, sur- merous shopping centers in the Bir- ness, Caring, Citizenship and Trust- worthiness; and Laptops for Learners, passing even Serge Koussevitzky, who mingham area. This led to new jobs, held the baton from 1924 to 1949. economic growth and was instrumental a program developed to assist 7th, 8th and 9th graders in classes where laptop Throughout that time, Seiji has lent in Birmingham’s expansion during the his skills to the Berlin Philharmonic, fifties and sixties. In 1962, James de- computer are used as learning tools. Dr. Buster is truly a credit to the the Vienna Philharmonic, the cided to build on his success and found- Orchestre de France and the Paris ed the Grimmer Realty Company. With educational system. He has established as a standard a high level of integrity Opera, where he presided over the his new independence, James went on debut of Messiaen’s ‘‘Saint Francois to develop numerous other malls, in- and decency. He is a man of great de- termination and dedication who has d’Assise.’’ cluding: the Western Hills Mall, the Seiji began his musical journey by Montgomery Mall, Quintard Mall in worked tirelessly to educate our chil- dren. I am honored to congratulate and enrolling at the Toho Music School in Oxford, AL, and Jackson Mall in Jack- Tokyo, Japan, as a child. A rugby in- son, MS. In fact, James Grimmer devel- pay tribute to him, and I encourage my colleagues to join me in wishing Dr. jury changed his original plans of be- oped over eight and a half million coming a concert pianist and soon after square feet of retail space throughout Walter L. Buster best wishes as he em- barks on future endeavors.∑ he shifted focus to the unique art of the Southeast. conducting. Once Seiji settled on this James was also closely involved with f pursuit, his instructor at the Toho the Birmingham community and had LOCAL LAW ENFORCEMENT ACT School, Mr. Hideo Saito, urged him to close ties to real estate developers OF 2001 travel abroad and refine his skills. Fol- around the nation. He enjoyed scout- ∑ lowing that advice, he won first prize ing, golfing and fishing with family and Mr. SMITH of Oregon. Mr. President, friends, and was a member of the Inde- I rise today to speak about hate crimes at the International Competition of Or- pendent Presbyterian Church. He was a legislation I introduced with Senator chestral Conductors, in Besancon, member of the International Council of KENNEDY in March of last year. The France in 1959. This accolade earned Shopping Centers, The Club, Summit Local Law Enforcement Act of 2001 Seiji an invitation in 1960 from Charles Club; Vestavia Country Club and the would add new categories to current Munch, then music director of the New York Real Estate Board. hate crimes legislation sending a sig- BSO, to study at the Tanglewood Music It is with sincere respect that I pay nal that violence of any kind is unac- Center. That first Tanglewood visit re- tribute to James Grimmer. He will be ceptable in our society. sulted in Seiji winning the remembered as a pioneering business- I would like to describe a terrible Koussevitzky Prize for outstanding man not only in the Birmingham com- crime that occurred April 13, 1996 in student conductor, and it also marked munity but the entire Southeastern re- Long Beach, CA. Two lesbians were the beginning of a mutual love affair gion. He will be missed by the commu- beaten with a baseball bat. The between Massachusetts and the young nity as well as by his many close attackers, a large group of people, were conductor. friends and relatives. My thoughts and heard to yell anti-gay epithets. Upon completion of his studies, Seiji prayers extend to his wife, Rose, chil- I believe that government’s first duty moved to West Berlin to work with dren, Park and Susan, grandchildren, is to defend its citizens, to defend them Herbert von Karajan. It was here that Leslie, Shelly and Jamie, and his sis- against the harms that come out of Seiji’s unique presentation and style ter, Evelyn Williams.∑ hate. The Local Law Enforcement En- caught the eye of Leonard Bernstein, and upon returning to the United f hancement Act of 2001 is now a symbol that can become substance. I believe States he accepted Bernstein’s offer to IN HONOR OF THE RETIREMENT that by passing this legislation and serve as assistant conductor of the New OF SUPERINTENDENT FOR CLO- changing current law, we can change York Philharmonic for 1961 and 1962. In VIS UNIFIED SCHOOL DISTRICT, hearts and minds as well.∑ 1964, he conducted the Boston Sym- DR. WALTER L. BUSTER f phony Orchestra at Tanglewood, rais- ∑ Mrs. BOXER. Mr. President, today I ing the baton in a concert hall where recognize and pay tribute to Dr. Walter RECOGNITION OF MR. SEIJI he had studied just 4 years before. L. Buster, Superintendent of Clovis OZAWA Word continued to spread about the en- Unified School District in Clovis, CA as ∑ Mr. KERRY. Mr. President, I rise thusiastic Ozawa, and offers came in he prepares to retire. today to recognize and celebrate one of from orchestras around the world. Seiji S2940 CONGRESSIONAL RECORD — SENATE April 18, 2002 decided on becoming the music direc- including former Israeli Prime Min- and Iraq in the Persian Gulf War just tor of the Ravinia Festival in Chicago, ister Benjamin Netanyahu and former three short years after he gave his UN where he remained for five summers, mayor of New York Rudy Guilani, to speech. He has also refused to take a and then moved to the Toronto Sym- demonstrate support for Israel in its tough stance on terrorism, failing to phony until 1969. After a brief period current struggle against terrorism. live up to his promise to prosecute with the San Francisco Symphony, Since September 11, the citizens of the those responsible for such horrific acts Seiji became artistic director at United States of America have unfortu- as we have seen in the past six months. Tanglewood in 1970, and was subse- nately and tragically been forced to Arafat has now had the opportunity to quently asked to assume the role of face the realities that accompany ter- deal with multiple Israeli Prime Min- music director for the Boston Sym- rorism; the fear, the pain, and the isters and U.S. Presidents but to no phony Orchestra in 1973. struggle. The American people now avail. He has been offered land, state- It has been during his time with the have an understanding of what it hood, and a peaceful existence with the BSO that Seiji became the cultural means to live in fear of a cowardly and state of Israel. In every instance, talks icon that we celebrate this year. In radical enemy. ended and violence ensued. 1976, he was honored with an Emmy The terrorist threat and presence I once again would like to thank the Award for the Boston Symphony Or- Americans currently fear and feel ev- Jewish Community Federation for chestra’s PBS television series, eryday has been a reality for the people sending 50 of its most devoted individ- ‘‘Evening at Symphony.’’ In 1994, he of Israel since 1948, when the state of uals to the rally. Israel has always won a second Emmy Award for Indi- Israel was officially established and been a good friend to both the U.S. and vidual Achievement in Cultural Pro- recognized. For 54 years now, the to democracy, and it always will be. I gramming, in recognition of his work Israeli people have fought for their finally ask that my colleagues join me ‘‘Dvorak in Prague: A Celebration with freedom and right to exist. In recent in praying that this situation ends as the Boston Symphony Orchestra.’’ In a weeks, the Israeli government has quickly and as peacefully as possible. I nod to his early instructor and the Jap- come under fire for their aggressive but know that we all would like to see this anese heritage he has proudly shared necessary military actions in Pales- conflict resolved without any further with the world, he co-founded the Saito tinian-controlled areas of the West bloodshed, but we must be willing to Kinen Festival in Japan, which will Bank. While I pray for the innocent stand by our in friends in Israel in our provide young people the same chance Palestinians who suffer the con- fight to eradicate terrorism from the he had to learn the arts of conducting sequences of their leader’s failures, I globe.∑ and performing. The academic commu- cannot find it in myself to condemn f nity of my home state has recognized Israel, doing all it can to protect its THE FUTURE OF AMERICAN STEEL Seiji’s tremendous talent with hon- families, future, and freedom. orary Doctor of Music degrees from the Since the time he was a 17-year old ∑ Ms. MIKULSKI. I am proud to join University of Massachusetts, the New arms dealer in Cairo fighting to rid Majority Leader DASCHLE, Senator England Conservatory of Music and Palestine of all British and Jewish in- ROCKEFELLER and the other cosponsors Wheaton College, and certainly our be- fluence, Yasser Arafat has dedicated today in introducing the Steel Industry loved Red Sox have never had a more his time, thoughts, and efforts to Consolidation and Retiree Benefits enthusiastic supporter. bringing terrorism to the homes and Protection Act, a bill that seeks to Seiji arrived in Massachusetts as a streets of the Jewish people. In 1958, maintain the viability of a critical do- young man finishing his education and Arafat founded the Al-Fatah move- mestic industry, and maintain a safety beginning his professional ascension. ment, an underground network of ter- net for its workers and retirees who After April 20, he will leave the Boston rorist cells working as one to bring today live in fear of losing their Symphony Orchestra a true master of about the demise of the Jewish state. healthcare coverage. his craft. While he has been guided by Just one year after the organization I am on the side of steel and steel- a deep respect for the past and its mas- was established, Al-Fatah was pub- workers. I will stand up for steel- ters, Seiji remains the consummate lishing a radical magazine advocating workers and make sure that their modernist; a solitary individual fueled the armed struggle against Israel and voices are heard in the Senate. by an instinctual fascination and hun- its people. Since Al-Fatah, under the On March 20th, President Bush an- ger for the unexplored frontier of the leadership of Arafat, took control of nounced that he would impose tariffs future. the PLO in 1969, both Jordan, for at- on steel imports, the tariffs weren’t as My constituents and I have been so tempting to overthrow King Hussein, high as we believe necessary to give proud to host Mr. Ozawa over these last and Lebanon, for using Palestinian ref- America’s steel industry the oppor- three decades. For the rest of his ca- ugee camps as bases for cross-border tunity to consolidate and get back on reer we will proudly think of him as attacks against Israel, have expelled its feet. The tariffs imposed under sec- one of our own in Massachusetts, and I Arafat and his terrorist group from tion 201 were a first step, but we can join my constituents in thanking Seiji their land. Even today, Arafat con- not afford half-measures. Congress now Ozawa for the invaluable contributions tinues to support the terrorist activity needs to take the next step and address he has made throughout his time at of such barbaric groups as Hamas and retiree health care benefits. Tanglewood and with the Boston Sym- Palestine Islamic Jihad by agreeing to I recently held a hearing to listen to phony Orchestra.∑ compensate the families of their homi- the people behind ‘‘legacy costs’’—the f cide bombers. These homicide bombers workers; the retirees; the widows; the are no different from the 19 Al-Qaeda executives; and worker representatives HONORING THE JEWISH COMMU- terrorists who piloted two planes into whose voices are not being heard. I NITY FEDERATION OF LOUIS- the World Trade Centers, and one into heard from retirees and widows from VILLE the Pentagon killing thousands of in- the Bethlehem Steel plant at Sparrow’s ∑ Mr. BUNNING. Mr. President, I rise nocent American citizens. They are all Point in Baltimore. I will never forget today in order to thank and honor the willing to kill innocent civilians as hearing Gertrude Misterka tell me that 50 members of the Jewish Community well as themselves for fanatical leaders she would have to spend nearly $7,000 Federation of Louisville, Ky for par- such as Osama bin Laden and Yasser on her prescriptions if she lost her hus- ticipating in Monday’s Pro-Israel rally Arafat. band’s health care benefits. She would held outside our Nation’s Capitol. I In 1988 at a special session of the UN, be in tough shape if she lost those truly believe these individuals along Arafat showed signs that he was will- health benefits that her husband, a with the entire Jewish Community ing to negotiate for peace. He re- proud Korean War veteran, Charlie, Federation of Louisville deserve to be nounced terrorism and vowed to pros- worked so hard for. honored for their commitment to Israel ecute those who took part in terrorist I will not forget Jeff Mikula who has and all that it stands for. activities. This empty rhetoric how- a job at Sparrow’s Point but if that Monday’s rally was quite a sight to ever proved to be short-lived. In 1991, plant closed, he lose the benefits he has see. Over 100,000 supporters gathered, Arafat fully supported Saddam Hussein worked so hard for over the last 26 April 18, 2002 CONGRESSIONAL RECORD — SENATE S2941 years. I will not forget McCall White, a means national responsibility. Con- Farm, a facility that will provide its retired steelworker, a proud veteran, gress voted for nearly $80 billion in learning-disabled residents with daily who worked at Sparrow’s point for farm support over the next 10 years. It opportunities for social interaction, nearly 40 years. It is for them and hun- is important to support farmers to skill acquisition, and integration into dreds of thousands in similar situa- make sure we have the producers to be the greater community. tions that I will fight. I will fight to food-independent. I voted for the bill For her leadership and work on be- make sure legacy costs are addressed that is now in conference, and I am half of autism, I would like to extend in a very serious way. happy to stand up for American farm- the gratitude and recognition of the HOW WOULD THE ROCKEFELLER BILL HELP ers. Congress gave the airlines $15 bil- United States Senate to Claire Shadie, STEELWORKERS AND RETIREES? lion after September 11 because of a na- ‘‘Angel of Autism.’’∑ This bill would help protect the U.S. tional emergency. It was the right f steel industry and would provide thing to do. AN ESSAY BY BERNARD health care and life insurance to steel Now, we need to stand up for steel. RAPOPORT ON ENRONICS retirees of those companies directly ef- We need to have producers here in fected by unfair trade practices. America to be steel-independent and be ∑ Mr. HOLLINGS. Mr. President, I This bill helps companies consolidate ready for national emergencies. Make want to share with my colleagues an by addressing the liability costs that no mistake: This is a national emer- excellent essay by a long-time friend of have served as barrier to the restruc- gency for steel. Standing up for steel is this Senator, Bernard Rapoport. The turing that many argue that is needed in the national interest just like farm- essay points out that using any means by this industry in order to be able to ers, just like airlines. to make money as those at Enron did, compete. At my hearing on the steel There is much to do to ensure that or evading taxes as too many American industry, I heard how restructuring there is a viable U.S. steel industry. We corporations do today by creating off- would help to maintain a competitive need to make sure that the Section 201 shore schemes, are unpatriotic acts, U.S. steel industry, which is in the na- tariffs are being implemented properly. which should outrage the American tional interest and would preserve Steel legacy costs are also a vital, nec- people. American jobs today and tomorrow essary, crucial part of ensuring a viable As the message comes from someone good paying, American jobs. U.S. steel industry. This is part of the who has distinguished himself as a This bill would mean that promises comprehensive solution. We can not af- business leader and whose generosity made are promises kept. Steel retirees, ford half-measures, not with a critical has made our society a little more just their families and dependents would industry at the brink of collapse, not and equal, it is a message I hope all have the retirement security earned with the retirement security of hun- American business executives not only through decades of hard work and sac- dreds of thousands at risk. hear, but heed. rifice. This bill would establish a I urge my colleagues to join us to The essay follows: health benefits program for retirees protect American steel.∑ ‘‘ENRONICS’’—(LACK OF PATRIOTISM) modeled on the most popular health f My father was a Russian Jewish revolu- care for Federal employees the Blue IN MEMORY OF CLAIRE T. SHADIE tionist, (the Agrarian Revolution of 1905). He Cross/Blue Shield standard plan. This was a Marxist which advocated the philos- is not the Cadillac, gold-plated health ∑ Mr. SPECTER. Madam President, I ophy that the ‘‘ends justified the means.’’ It plan that some claim these retirees seek recognition today to acknowledge is, perhaps, an understandable point of view have. These are the benefits that our the service of the late Claire T. Shadie of someone subjected to the despotic czarist steel workers worked hard for. Under of West Nanticoke, PA, a very special rulers of the Russia in the time in which he this bill, any steelworker with at least woman whose untimely death on Octo- was raised. A few years after he escaped from ber 10, 2001, left a great void in the Siberia, to which he was exiled for life for 15 years of work in our nation’s steel participation in the revolution, he came to mills would have a basic health benefit lives of her family and the many whom America still convinced about ends and package that they can count on. This she touched. means from the Marxian view. I, too, was bill would also provide a very modest Claire Shadie was Founder and Chair- raised with that philosophy. Fortunately, death benefit of $5,000 to the widows of man of the Board of ‘‘Supporting Au- and I think at the same time as he, I was in- steel retirees. tism and Families Everywhere,’’ or fluenced by Emerson’s wonderful admonition WHO WOULD THIS BILL HELP? SAFE, Inc., which is a non-profit group that ‘‘character is that which can do without Now, there are now about 142,000 ac- of parents of autistic children that success,’’ and it brought both of us to a new works to help people with autism live understanding. Yes, how one achieves is tive steelworkers, but there are about more important than if one achieves. 600,000 retirees counting on these bene- full and independent lives. From April It’s the ‘‘means’’ that in fact does deter- fits. By helping those with more than 24 through April 26, 2002, the annual mine the ‘‘ends.’’ In my eight and a half dec- 15 years of hard work in our mills, this SAFE, Inc., conference on autism will ades of living I’ve had three poignant exam- bill would help many of our Nation’s bring together international experts on ples of unrestrained American patriotism. Of active and retired steelworkers. In my autism and families affected by the course, there have been many others, but own State of Maryland, 3,700 people malady, and the meeting will be dedi- what follows are the three that are most firmly imprinted in my memory. work at the Bethlehem Steel Sparrows cated to the memory of Claire Shadie. Claire was known throughout her The first was America’s reaction to Pearl Point facility, but there are 23,000 re- Harbor. Second, during World War II, on that tired steelworkers, widows and depend- community as the ‘‘Angel of Autism,’’ day that General Dwight Eisenhower told us ents. These workers and retirees de- and she dedicated her life to helping by radio that D-Day had begun and that serve a basic health benefit package find effective ways to aid individuals there would be a large loss of lives, and, that they can rely on. with the condition, including her son third, 9/11! The most essential ingredient in I agree with President Bush when he Alexander. She worked diligently patriotism is love of country, which requires said, ‘‘Steel is an important job issue. throughout the years, counseling fami- a commitment that we conduct ourselves in It is also an important national secu- lies and organizations throughout the such a manner as to consistently do those things to make our country better. rity issue.’’ We need to see the Presi- United States. In addition to SAFE, The tragedy of ‘‘Enronics’’ is that these dent join us on this issue in fighting Inc., she helped establish the Coalition high-falutin’ capitalists lowered themselves for American jobs and for national se- on Autism, whose goal is to bring to- to a Marxian philosophy. Yes, their end was curity. A sound domestic steel industry gether related agencies and support making money. Any means legal or other- is critical as we fight the war on ter- groups to help ease the bureaucracy wise, was justified because of their ‘‘ends!’’ rorism. Steel builds our tanks, our and improve the quality of service in My reason for this essay is that I’m not planes and our ships. Bethlehem Steel Northeast Pennsylvania. Through angry—‘‘I’m mad!’’ My father’s daily plea SAFE, Inc., she worked with the U.S. was to me was to ‘‘have a sense of outrage at produced the armor to repair the USS injustice.’’ ‘‘Enronics.’’ Gives just cause to Cole. Department of Housing and Urban De- understand outrage because it is unre- The policy of our government is to velopment, the Wyoming County Hous- strained unpatriotism. support producers when it is in the na- ing and Redevelopment Authority, and Here’s another example of what I perceive tional interest. National interest other agencies to create New Hope to be unpatriotism. In the New York Times S2942 CONGRESSIONAL RECORD — SENATE April 18, 2002 of February 18, 2002, the column headline on mother; you cannot rightly love your breth- and as she enters her new life we cer- the front page was, ‘‘U.S. Companies Use Fil- ren of the cradle if you love not the common tainly will miss her.∑ ings in Bermuda to Slash Tax Bills.’’ I al- mother.’’∑ f ways thought I was fairly sophisticated when f it came to finance, but I quickly learned TRIBUTE OF DONALD after reading that article that I wasn’t near- NINETY DAYS IS SIMPLY NOT LANGENBERG ly as ‘‘smart’’ as I thought I was. This is an ENOUGH TIME ∑ Mr. SARBANES. Madam Presi- occurrence that happens often in my life. I ∑ majored in economics at the University of Mr. LEVIN. Mr. President, a letter dent, as the end of the 200–2002 aca- Texas. The bibliography included Adam released last week by the General Ac- demic year approaches, I rise to pay Smith’s ‘‘Wealth of Nations,’’ which is the counting Office highlighted serious tribute to Dr. Donald N. Langenberg, predicate for capitalism. Smith realized the problems that could result from reduc- who at the end of this month will re- greed instinct within all of us, but thought ing the period of time that National In- tire as Chancellor of the University that the invisible hand, i.e. competition, stant Criminal Background System System of Maryland, which for the past would be the moderator or leveler of the records are retained to only 24-hours greed instinct. Well, this particular article twelve years he has served with great to which I’ve alluded is beyond my com- after a firearm sale. Under current distinction. prehension. Evidently intelligent lawyers NICS regulations, records of allowed In 1990, when Dr. Langenberg came to and accountants had come up with schemes firearms sales can be retained for up to Maryland from the University of Illi- to ‘‘legally’’ avoid the rules by which the 90 days, after which the records must nois-Chicago, the University System of rest of us must play. Secondly, this was com- be destroyed. On July 6, 2001, the De- Maryland was still in the earliest bined with lobbyists who appealed to mem- partment of Justice published proposed stages of its formation. It was estab- bers of Congress to include riders to par- changes to the NICS regulations that ticular pieces of legislation which would ben- lished in 1988 to bring together thirteen efit one particular corporation, and enable it would reduce the maximum retention diverse institutions, each with a dis- to escape the responsibilities that any patri- period from 90 days to only one day. tinctive and distinguished history, into otic company would observe. Competition is According to FBI officials and the a ‘‘family’’ dedicated to ‘‘nurturing making a better product, merchandising it GAO letter, retained records that were minds, advancing knowledge, elevating more intelligently, and paying the taxes that more than 1 day old but less than 90 the human spirit and applying (our) all the rest in the same category pay. Well, days old were used to initiate over 100 talents to the needs of the citizens of not in the legal sense, but morally. I ask the firearm-retrieval actions by law en- Maryland.’’ The purpose of the new question, ‘‘Why do we put up with these kind forcement in the 4-month period begin- of shenanigans? Why don’t we have a sense of system was to be nothing less than to outrage at this injustice? Why don’t we get ning July 3, 2001, through October 2001. ‘‘achieve and sustain national emi- mad? As a result, the GAO believes that nence and become a model for Amer- I’m reminded of Murray Edelman’s wonder- next-day destruction of NICS records ican higher education and a source of ful though, ‘‘Political history is largely an would likely obstruct the ability of law pride’’ for all the people of my State. account of mass violence and of the expendi- enforcement to retrieve firearms from In short, Dr. Langenberg had his ture of vast resources to cope with mythical individuals who were mistakenly ap- work cut out for him, but no one could fears and hopes. At the same time, large proved to purchase firearms. Since its have been better suited to the chal- groups of people remain quiescent (that’s us!) under noxiously oppressive conditions inception, NICS checks have prevented lenge, by both temperament and expe- and sometimes passionately defend the very more than 156,000 felons, fugitives and rience, than he. It was his task as the social institutions that deprive or degrade others not eligible to purchase a fire- first Chancellor of the University of Il- them.’’ arm from doing so. While not infring- linois at Chicago, established in the For example, in the New York Times arti- ing upon any law-abiding citizen’s abil- 1980s to bring together existing under- cle, it points out that one company made $30 ity to purchase a firearm. graduate, research and medical institu- million additional profit because they didn’t The retention of NICS records for a tions, to guide the new university pay taxes. Now if they had played by the same rules as other companies, they sufficient period of time is important. I through its formative years; and he would’ve shown $30 million less profit be- am greatly concerned by the Attorney came to that position from the Na- cause of the payment of what it really owes. General’s action and I support the ‘‘Use tional Science Foundation, where he Guess what! Their stock sells at a much NICS in Terrorist Investigations Act’’ had served as acting and deputy direc- higher price because they are taking advan- introduced by Senators KENNEDY and tor. tage of what I call an ‘‘Enronic’’ approach. SCHUMER. This legislation would codify Dr. Langenberg’s academic back- At least, such companies should have the the 90-day period for law enforcement ground, however, was not in adminis- courtesy and be required to show what their to retain and review NICS data. The tration but rather in physics. With de- earnings would be if they were paying on the same basis as their competitors. In the New GAO letter provides further evidence grees from Iowa State University, the York Times article it is pointed out that one that the Schumer/Kennedy bill is com- University of California at Los Angeles corporation saved $400 million in taxes! Re- mon sense legislation that deserves en- and the University of California at ducing taxes can really be a meaningful ob- actment.∑ Berkeley, he taught at the University jective if these groups to which I’ve referred f of Pennsylvania, where he also directed to were truly patriotic. All these companies the Laboratory for Research on the do to avoid these taxes is to have an office in ANDIE BUEL RETIRES AFTER 35 Structure of Matter and served as Vice Bermuda or the Cayman’s or some other is- YEARS Provost for Graduate Studies and Re- land, and obtain this unfair advantage. As ri- ∑ diculous as it may sound, a company with Mr. HOLLINGS. Mr. President, later search. He has been a visiting professor one of these offices in Bermuda, for example, this month, Andie Buel, Chief of the at numerous institutions in this coun- can borrow money from its Bermuda ac- Congressional Operations Division at try and abroad; his work on super- count, charge out the interest that it pays, the Department of Defense, will be re- conductivity has resulted in the devel- reducing their taxes in the United States. tiring after 35 years of government opment of a new type of voltage stand- Let’s be quickly reminded that there is no service. I wish her the very best. ard, which is in use worldwide, and it tax on the interest earned by the Bermuda No question, the congressional dele- led to the publication of a paper so fre- parent. So an additional injustice is com- gation trip to Normandy in 1994 com- quently cited in other papers and jour- pounded as a result of this tax avoidance scheme. memorating the 50th anniversary of D- nals that it is known as a ‘‘citation The U.S. Treasury has to borrow money, Day stands out as one of the great classic.’’ Throughout his distinguished sell bonds, and you know who buys them? highlights of my years in the Senate. career, Dr. Langenberg has also main- These same corporations! Guess what! The Mrs. Buel was the architect of that tained the highest level of engagement interest they have received on their bonds as trip. in numerous professional associations, a result of their Bermuda office will not be She has a long list of accomplish- for example as president and chairman taxable. It’s a vicious circle! Where, of ments, but to get right to the point: of the board of the American Associa- where, is there not a sense of outrage to she has worked hard to ensure all our tion for the Advancement of Science, their unconscientious acts of unpatriotism? We must be constantly reminded of what congressional trips are not only mean- AAAS, chairman of the board of Na- Guiseppe Mazzini said, ‘‘God has given you ingful to our work in Washington, but tional Association of State Univer- your country as cradle, and humanity as that they run flawlessly. We thank her, sities and Land-Grant Colleges, April 18, 2002 CONGRESSIONAL RECORD — SENATE S2943 NASULGC, President of the American helm of its University System. I want the National Federation for the Blind, Physical Society, APS, chairman of to express my gratitude for all that he helping to serve over 51,000 visually the President’s Council of the Associa- has accomplished, my congratulations challenged individuals. He has edu- tion of Governing Boards of Univer- on his retirement, my delight in the cated drivers to yield to blind pedes- sities and Colleges, AGB. He recently decision he and his wife have made to trians, thereby reducing the number of completed a decade’s service as a mem- stay in Maryland, and my best wishes individuals involved in traffic acci- ber of the University of Pennsylvania’s for the years ahead.∑ dents. Board of Trustees. f Former State representative Jack For the past twelve years the Univer- Tobin has given over a decade of serv- sity System of Maryland has been the OUTSTANDING VOLUNTEER PER- ice as a legislator. He worked to secure beneficiary of the great breadth and FORMANCES BY FLORIDA SEN- continuing funding for Alzheimer’s depth of Dr. Langenberg’s experience, IORS care and treatment centers, which has and above all from his abiding commit- ∑ Mr. GRAHAM. Mr. President, I would made an indelible impact on the qual- ment to make our state system a like to extend congratulations to a ity of life for many Floridians. He par- model for higher education everywhere. group of outstanding citizens from ticipates on the board of directors for The University System’s campuses Broward County, FL. Each of these the Area Agency on Aging after serving have never been more vigorous than men and women has given a special gift as its president. He has contributed in- they are today. The schools of medi- to their community—they have given valuable guidance as a Director of both cine and law are thriving, and so are of themselves. Their volunteer efforts the YMCA and Child Care Connection, programs designed for adults wishing should be an inspiration to all of us. helping to the continuation of social to resume or continue their education. On May 3, 2002, these 10 individuals service programs for the future. Under Dr. Langenberg’s leadership the will be inducted into the Dr. Nan S. Dr. Murray Todd’s medical services University System has developed new Hutchison Broward Senior Hall of have contributed to the health and measures of accountability and produc- Fame. These selfless volunteers have well-being of countless Broward Coun- tivity, which are in use not only in contributed time, talents and love to- Maryland but at universities around ty residents, especially those with Alz- ward their fellow residents of Broward heimer’s. As a teacher, speaker and the Nation. The K 16 Partnership for County. Allow me to tell you about Teaching and Learning, of which Dr. volunteer, he has trained others to join each of them: in the fight for a cure for this disease. Langenberg was a founding member, Evelyn Denner helped found the We works to ensure continuity and coher- Ellyne F. Walters has spent years Care organization, providing assistance ence in Marylanders’ education, from serving her church, the city of Fort to the elderly and helping them to re- kindergarten through the B.A. And in a Lauderdale, and numerous organiza- main self-sufficient. Her work with State whose extraordinary diversity of tions. As vice president of the Broward many civic, political, and religious or- human and natural resources is re- County Friends of the Library, she has ganizations continues to make flected in its public institutions of helped strengthen local libraries and higher education, among them a major Broward County a treasured place to contributed to the opening of the Afri- research university that is also one of live. can American Research Library. Clara Font has volunteered for 12 the earliest land-grant colleges, three These ‘‘volunteers for humanity’’ historically black colleges, profes- years at the Horizon Club’s ‘‘Assisted have served diligently and tirelessly in sional schools and independent re- Living Community.’’ At 101 years of their quest to enhance the lives of search institutes, he has played a lead- age, people young and old look to her their fellow man. Our State and Nation ing role in building the University Sys- service for inspiration. She has con- are fortunate to have such inspiring tem family. Each of its thirteen very tributed time to those suffering from senior citizens.∑ different member campuses determines the debilitating effects of Alzheimer’s f disease, while also assisting friends and its own focus and honors its own tradi- TRIBUTE TO ALEX MARION tions, while at the same time all col- neighbors. ∑ laborate to offer better opportunities Joan Hinden, a retired teacher, has Mr. SMITH of New Hampshire. for higher education to Marylanders of provided support to Florida’s youth for Madam President, today I show my all backgrounds, talents and persua- many years. She was appointed to the support for Alex Marion for his heroic sion. Family Care Council by Florida’s Gov- efforts at the McIntyre Ski Area. He, Behind the formidable intelligence, ernor and has worked with the Depart- along with Shawn Page, Adam Ander- zest for hard work, success in academic ment of Children and Families, aiding son, and Andrew Emanuel, helped to administration and distinction as a and encouraging people through dif- save the life of a fellow skier. scholar that Dr. Langenberg brought to ficult times. While enjoying a day of recreation at his position as Chancellor of the Uni- George Olferm has donated his time the ski slope, he noticed a child hang- versity System of Maryland there has to many worthy organizations such as ing from the seat of a chairlift. The always been a clear and steady vision, TRIAD, SALT, the Davie Fraternal skiers formed a human net to catch the which he himself has most eloquently Order of Police, and the Area Agency boy when he fell. Alex helped save the described. First, he remarked in a on Aging of Broward County. As a tal- boy and prevent any serious injuries. speech not long ago, ‘‘As a Mid- ented artist, George has donated I commend this heroic act of Alex westerner, I have always had tremen- stained glass artwork to help local Marion. He helped to save the life of a dous admiration for great public uni- charities raise thousands of dollars to fellow citizen and brought comfort to a versities because I know that they pro- support their ongoing projects. He has worried family. As long as we have vide opportunities that might not oth- had a tangible impact on people’s lives. such dedicated citizens our nation will erwise exist.’’ And then, he observed, Casey Pollack has worked diligently continue to be strong. Alex exemplifies ‘‘much of his long and distinguished ca- to improve the lives of Alzheimer’s pa- the ideals of a Granite Stater and I am reer ‘‘has been about creating linkages tients. He has established training pro- honored to represent him in the U.S. and partnerships, between our citizens grams for care givers and founded the Senate.∑ and higher education, between and Crisis Respite Program, helping many f among campuses, between higher edu- citizens fill a temporary need for Alz- TRIBUTE TO CODI VACHON cation and public schools, and between heimer’s care. higher education and the business com- Sidney Spector has served as presi- ∑ Mr. SMITH of New Hampshire. Mr. munity.’’ For this he offered a compel- dent of the Kings Point Culture Club of President, today I show my support for ling and moving explanation: ‘‘as the Tamarac. His leadership and energy Codi Vachon of Manchester, NH. Her only child of deaf parents, I became my have provided groups of senior citizens heroic actions saved the life of a parents’ translator and their link to the opportunity to attend cultural drowning boy. the hearing and speak world.’’ events which enrich their lives. While life guarding she noticed Maryland has been deeply fortunate William Teague has served as presi- twelve-year old Julio Velez at the bot- to have Dr. Donald Langenberg at the dent of the South Broward Chapter of tom of the pool. Codi later learned that S2944 CONGRESSIONAL RECORD — SENATE April 18, 2002 Julio had experienced a seizure and by individual trapped in the car. They caught on fire, but Edward continued acting quickly she was able to bring managed to save the life of Scott. to rescue people. Edward met the arriv- the boy to safety. I commend you Arthur for the self- ing fire fighters and helped them extin- Codi Vachon is to be commended for less act of kindness you imparted on an guish the fire. her selfless actions. As long as we have unknown individual. You gave of your- Firefighters, like Edward, work val- such dedicated citizens, our nation will self without a second thought as to orously everyday. Every time they re- continue to be strong. Codi exemplifies how it might affect your life. It is an spond to a call for help, they are put- the ideals of a Granite Stater. It is an honor to represent you in the U.S. Sen- ting their own lives in jeopardy to help honor and privilege to represent her in ate.∑ the community in crisis. Firefighters the U.S. Senate.∑ are among our country’s bravest he- f roes, and I applaud Edward for his dedi- f TRIBUTE TO RUSS VANDERHORST cation to keep New Hampshire safe. I commend the altruistic act of Ed- TRIBUTE TO ANTHONY TRIPARI ∑ Mr. SMITH of New Hampshire. Mr. ward Roy. It takes true courage and ∑ Mr. SMITH of New Hampshire. Mr. President, today I show my support for honor to put other’s lives above one’s President, today I show my support for Russ VanderHorst of Goffstown. Russ, own. I am confident that as long as we Anthony Tripari of Merrimac, MA. His with the assistance of his friends Russ have people like Edward, our nation heroic actions saved the lives of nu- Lauriat and Arthur Moreau, rescued will continue to be strong. New Hamp- merous Farmington, NH residents, in- the life of 28-year-old Scott Derendal. shire is proud to have such dedicated cluding the life of a helpless baby. He The three friends came upon a citizens. It is truly an honor to rep- put his own life on the line to rescue wrecked, burning vehicle while driving resent Edward Roy in the U.S. Senate.∑ others from a burning building. through Wear last July. Feeling a civic In August of 2001, Anthony was on his duty to aid a fellow person in need, Ar- f way to a fishing trip with his friend thur, Russ and Russ raced to rescue the TRIBUTE TO DUSTIN SHERWOOD Derek Vitale, when they noticed smoke individual trapped in the car. They ∑ Mr. SMITH of New Hampshire. Mr. from a burning apartment building. It managed to save the life of Scott. President, today I show my support for was about three o’clock in the morning I commend you Russ for the selfless Dustin Sherwood of Barnstead. Dustin, so Derek honked the horn of his car in act of kindness you imparted on an un- along with his two friends John Lank an attempt to wake the residents of known individual. You gave of yourself and Nick Poulin, saved the life of a dis- the building to alert them to the fire. without a second thought as to how it tressed boater. I commend the altruistic acts of An- might affect your life. It is an honor to While boating on Suncook Lake in thony Tripair. It takes true courage to represent you in the U.S. Senate.∑ July, the three boys noticed a boat put somebody else’s life above one’s f that was moving erratically. Upon own. I am confident that as long as we closer inspection, they realized the have people like Anthony, our nation TRIBUTE TO SHAWN PAGE driver had lost control and had fallen will continue to be strong. It is an ∑ Mr. SMITH of New Hampshire. Mr. into the water. Skillfully the three re- honor and a privilege to represent you President, I rise today to show my sup- gained control of the boat and dragged in the U.S. Senate. ∑ port for Shawn Page for his heroic ef- the Vermont teen to safety. I commend you Dustin for your self- f forts at the McIntyre Ski Area. He, along with Adam Anderson, Alex Mar- less act of heroism. You gave of your- TRIBUTE TO ELIZABETH ‘‘BOO’’ ion, and Andrew Emanuel, helped to self to help another in need. There is MURRAY save the life of a fellow skier. no greater gift. It is an honor to rep- ∑ ∑ Mr. SMITH of New Hampshire. Mr. While enjoying a day of recreation at resent you in the U.S. Senate. President, today I show my support to the ski slope, Shawn noticed a child f Elizabeth ‘‘Boo’’ Murray of Danville, hanging from the seat of a chairlift. TRIBUTE TO JOHN HORAN NH. Her heroic efforts saved the life of The skiers formed a human net to ∑ Mr. SMITH of New Hampshire. Mr. an elderly neighbor. catch the boy when he fell. Shawn President, today I pay tribute to John Walking through her Danville neigh- helped save the boy and prevent any se- Horan of Nashua, NH, for risking his borhood one day in June, Elizabeth no- rious injuries. life to save the life of a motorist ticed flames and smoke coming from I commend this heroic act of Shawn trapped in a crashed vehicle. her neighbor’s house. Realizing that Page. He helped to save the life of a fel- In August of 2001, John was driving the elderly woman was likely to be low citizen and brought comfort to a with his friend Nathan Langlais when still inside, Elizabeth raced in to save worried family. As long as we have they came across a vehicle that had her. She found her in the home and re- such dedicated citizens our nation will plunged through a guardrail and down moved her from danger. Although her continue to be strong. Shawn exempli- a hill. John and Nathan, without re- neighbor later died of injuries she sus- fies the ideals of a Granite Stater. I am gard for their own lives, raced to the tained, Elizabeth put her life in the honored to represent him in the U.S. aid of the trapped motorist. foreground to rescue the life of an- Senate.∑ They discovered a smoking car and a other. f semi-conscious driver. The men at- I commend you Boo for your commit- tempted to extract the driver from the ment to life. You are an example of TRIBUTE TO EDWARD ROY vehicle but were unsuccessful in their heroism to New Hampshire residents ∑ Mr. SMITH of New Hampshire. Mr. first attempt. Loud noises began com- and the nation alike. I am honored to President, I rise today to show my sup- ing from the gasoline tank and the represent you in the U.S. Senate.∑ port for Edward Roy of Manchester, back of the car began to ignite. With f NH. His heroic actions saved the lives little time to spare, the men rescued of numerous residents sleeping inside the driver from the passenger’s side of TRIBUTE TO ARTHUR MOREAU their multi-story apartment building. the vehicle. ∑ Mr. SMITH of New Hampshire. Mr. He put his own life on the line to pre- I commend John Horan for his brav- President, today I show my support for serve the lives of others. ery. His selfless act saved the lives of a Arthur Moreau of Manchester. Arthur, On a December morning in 2001, the fellow citizen, and set a positive exam- with the assistance of his friends Russ off-duty firefighter was driving home ple for the people of the Granite State. Lauriat and Russ VanderHorst, rescued from work when he noticed smoke in I am confident that as long as there are the life of 28-year-old Scott Derendal. the distance. He raced to the site and Americans like John Horan who are The three friends came upon a found a burning apartment building. In willing to put the well-being of others wrecked, burning vehicle while driving an attempt to awaken and evacuate before themselves, our Nation will con- through Wear last July. Feeling a civic the residents, he knocked on all the tinue to be strong. It is truly an honor duty to aid a fellow person in need, Ar- doors of the building. In the process of and a privilege to represent you in the thur, Russ and Russ raced to rescue the knocking on residents doors, his coat U.S. Senate.∑ April 18, 2002 CONGRESSIONAL RECORD — SENATE S2945 TRIBUTE TO LIEUTENANT CASINO ladders, they brought them to safety. lissa immediately notified her mother CLOGSTON The firefighters further risked their for help. Melissa’s valorous deed serves as an ∑ Mr. SMITH of New Hampshire. Mr. lives to perform room-by-room example to the people of Chester as President, today I show my support for searches to confirm that everybody well as the Granite State. She saved Lieutenant Casino Clogston of New was out of the building safely. the life of a family member and Hampshire. His heroic actions brought These firefighters work valorously everyday. Each time they respond to a brought comfort to her family. I am comfort to a family and community confident that as long as we have dedi- who endured a very tragic event. call for help, they are putting their own lives in jeopardy. This is just one cated citizens like Melissa our Nation On an early April morning in 2001, will continue to be strong. It is an Casino arrived at the scene of a burn- example of the hard work and dedica- tion of New Hampshire’s firefighters. honor to represent you in the U.S. Sen- ing apartment. After giving commands ate.∑ to the rest of his crew, he entered the By consistently operating above and burning building. Putting his own life beyond the call of duty, these men and f in jeopardy, the Lieutenant searched women save the lives of fellow citizens TRIBUTE TO RUSSELL KEAT and bring comfort to the community. for any signs of life. He discovered the ∑ Mr. SMITH of New Hampshire. Mr. I commend the selfless acts of the body of a burning man. Holding the President, today I show my support for Pembroke Fire Department. It takes body in one arm, he was able to kick Russell Keat of Grantham, NH. He down the door of the room and escape courage to place somebody else’s life helped recover numerous bodies that safely. After the victim received med- above one’s own. I am confident that as had been buried beneath the rubble at ical attention, he was pronounced dead. long as we have firefighters like those Ground Zero, as well as three American However, Clogston helped to bring in Pembroke our Nation will continue flags. He put his own life on the line to comfort to the man’s family and to remain protected. New Hampshire is bring comfort to a grieving nation. friends. proud to have such dedicated citizens After the second airline crashed into Firefighters, including Firefighter and it is an honor to represent you in the World Trade Center on September ∑ Clogston, work valorously everyday. the U.S. Senate. 11, 2001, one of the most catastrophic Every time they respond to a call for f days in our Nation’s history, Russell help, they are putting their own lives TRIBUTE TO CHRISTOPHER SMITH offered his support for the rescue ef- on the line. In this instance, Casino forts. ∑ Mr. SMITH of New Hampshire. Mr. truly did go above and beyond the call Russell specializes in rescue missions President, today I show my support for of duty in order to recover the body of and had previously rescued individuals Christopher Smith of Seabrook, NH. a fellow citizen. Firefighters are some from airline crashes, collapsed build- His heroic actions, along with the help of our country’s bravest heroes, and I ings, and caves. However, no other res- of Timothy Dillon, saved the life of a applaud Clogston for his efforts to keep cue meant as much to this patriot as woman trapped in a burning vehicle. New Hampshire safe. his work at Ground Zero. He recovered He put his own life on the line to res- the bodies of victims and helped with I commend the altruistic acts of cue a fellow citizen. the clean up effort. Russell also led a Lieutenant Casino Clogston. It takes In October of 2001, Christopher was group of five other heroes who uncov- true courage to value the lives of oth- riding with his mother when he noticed ered three United States flags. Russell ers above one’s own. I am confident that a burning car had driven off the risked working on unstable structures that as long as we have people like Ca- road. Christopher and Timothy raced and inhaling hazardous materials in sino, our Nation will continue to be to the scene of the accident and discov- order to perform his patriotic duty. strong. New Hampshire is proud to ered an elderly woman trapped in the I commend the selfless acts of Rus- have such a dedicated citizen, and it is burning vehicle. She was pinned in the sell Keat. It takes true courage and truly an honor to represent Casino honor to value one’s Nation above their ∑ vehicle by the deployed air bag and the Clogston in the U.S. Senate. crushed dashboard. own life. I am confident that as long as f Christopher attempted to break the we have people like Russell our Nation driver’s side window, while Timothy will continue to be strong. New Hamp- TRIBUTE TO THE PEMBROKE FIRE broke through the back of the car. shire is proud to have such a dedicated DEPARTMENT Christopher smashed the window using citizen. It is an honor to represent Rus- ∑ Mr. SMITH of New Hampshire. Mr. a tire iron and then entered through sell Keat in the U.S. Senate.∑ President, today I show my support for the front of the car. Putting their own f the Pembroke Fire Department, in- lives in jeopardy, the two men were TRIBUTE TO JOHN LANK cluding Deputy Chief Paul Gagnon; able to pull the woman to safety. ∑ Mr. SMITH of New Hampshire. Mr. Lieutenants Rob Farley, David I commend the selfless acts of Chris- President, today I show my support for Bouffard and Brian Lemoine; Fire- topher Smith. It takes true courage to John Lank of Barnstead. John, along fighters Patrick Maccini, Ricky put somebody else’s life above one’s Bilodeau, Jeff Bokum, Stacy Amyot, with his two friends Nick Poulin and own. I am confident that as long as we Dustin Sherwood, saved the life of a Josh Ginn, Mike Perron, Steve Perron have people like Christopher, our Na- and Eric Stromvall; and Engineers distressed boater. tion will continue to be strong. New While boating on Suncook Lake in Brad Robertson, Chet Martel, Chuck Hampshire is proud to have such a July, the three boys noticed a boat Schmidt and Steve Ludwick. Their he- dedicated citizen. It is truly an honor that was moving erratically. Upon roic actions saved numerous lives and to represent him in the U.S. Senate.∑ closer inspection, they realized the helped preserve one of New Hamp- f driver had lost control and had fallen shire’s historical landmarks. They TRIBUTE TO MELISSA BOGACKI into the water. Skillfully the three re- placed their own lives at risk to pro- gained control of the boat and dragged ∑ tect and serve the people of New Hamp- Mr. SMITH of New Hampshire. Mr. the Vermont teen to safety. shire. President, today I pay tribute to Me- I commend you John for your selfless On an early morning in July of 2001, lissa Bogacki of Chester, NH. Her quick act of heroism. You gave of yourself to the Pembroke Fire Department re- action and bravery helped save the life help another in need. There is no great- ceived what appeared to be a routine of her drowning brother. er gift. It is an honor to represent you call. They learned that a historic Bed I commend Melissa for immediately in the U.S. Senate.∑ and Breakfast was in flames and responding to this stressful and dan- f worked tirelessly to extinguish the gerous situation. While she was taking flames of the burning building. a walk with her siblings, she noticed TRIBUTE TO KATHLEEN MOORE Upon learning that guests were that her three-year old brother had ∑ Mr. SMITH of New Hampshire. Mr. trapped in the residence, the fire- fallen into a swampy area. Responding President, today I pay tribute to Kath- fighters successfully made several res- immediately, she jumped in to rescue leen Moore of Goffstown, NH. Her he- cues. Leading six victims down their him. After dragging him to safety Me- roic actions, along with the help of S2946 CONGRESSIONAL RECORD — SENATE April 18, 2002 Henry Gerlack Jr., saved the life of a Hampshire is proud to have such a These firefighters work valorously man trapped inside a burning vehicle. dedicated citizen and it is an honor to everyday. Each time they respond to a In April of 2001, Kathleen was driving represent him in the U.S. Senate.∑ call for help, they are putting their down a local highway when she came f own lives in jeopardy. This is just one to the aid of a motorist trapped inside example of the hard work and dedica- TRIBUTE TO NICK POULIN a burning vehicle. She, and nearby resi- tion of New Hampshire’s firefighters. dent Henry Gerlack, heard cries for ∑ Mr. SMITH of New Hampshire. Mr. By consistently operating above and help coming from the vehicle. The two President, today I show my support for beyond the call of duty, these men and found 34-year-old Mark Renaud wedged Nick Poulin of Manchester. Nick, along women save the lives of fellow citizens between a crushed steering wheel and with his two friends John Lank and and bring comfort to the community. the dashboard. Kathleen and Henry, Dustin Sherwood, saved the life of a Firefighters are among are country’s putting their own lives in jeopardy, distressed boater. bravest heroes, and this company has pulled the man out of the car through While boating on Suncook Lake in served the State of New Hampshire for the driver’s side window. The car ex- July, the three boys noticed a boat many years. ploded moments after they pulled that was moving erratically. Upon I commend the altruistic acts of the Mark to safety. closer inspection, they realized the Hooksett Fire Department. It takes I commend the bravery and heroism driver had lost control and had fallen courage to place somebody else’s life of Kathleen Moore. It takes true cour- into the water. Skillfully the three re- above your own. I am confident that as age to place somebody else’s life above gained control of the boat and dragged long as we have firefighters such as the your own. I am confident that as long the Vermont teen to safety. men of the Hooksett Fire Department, as we have people like Kathleen, our I commend you Nick for your selfless our Nation will continue to be pro- State and Nation will continue to be act of heroism. You gave of yourself to tected. New Hampshire is proud to strong. New Hampshire is proud to help another in need. There is no great- have such dedicated citizens. It is an have such a dedicated citizen. It is er gift. It is an honor to represent you honor to represent you in the U.S. Sen- truly an honor to represent you in the in the U.S. Senate.∑ ate.∑ U.S. Senate.∑ f f f TRIBUTE TO JACK LEE TRIBUTE TO KEVIN HEALY TRIBUTE TO ANDREW EMANUEL ∑ Mr. SMITH of New Hampshire. Mr. ∑ Mr. SMITH of New Hampshire. Mr. ∑ Mr. SMITH of New Hampshire. Mr. President, today I show my support for President, today I pay tribute to Kevin President, today I show my support to Jack Lee for his heroic efforts in pull- Healy, a firefighter in the city of Man- Andrew Emanuel for his heroic efforts ing a semi-conscious teenager to safe- chester, NH. His heroic actions saved at the McIntyre Ski Area. He, along ty. He went above and beyond the call the lives of numerous residents caught with Shawn Page, Alex Marion and of duty to reach out to another in need. inside an apartment building. On a February 2001 morning, the off- Adam Anderson, helped to save the life Mr. Lee came upon a burning vehicle duty firefighter was driving home from of a fellow skier. in Auburn, NH. Noticing a young indi- work when he noticed smoke in the dis- Last winter, while enjoying a day of vidual was trapped inside, he began to tance. He found a burning apartment recreation at the ski slope, he noticed try and free her from the burning building which he immediately entered a child hanging from the seat of a wreck. Though not successful at his in search of victims. He could hear peo- first few attempts to save the girl from chairlift. The skiers formed a human ple coughing and used their sounds to the car, Mr. Lee did not give up. He fi- net to catch the dangling boy. When locate burning victims. He successfully nally pulled her to safety. the boy fell, they saved his life and pre- brought two people to safety and re- Not only do Jack’s actions serve as vented him from sustaining any serious turned to the burning building to an exemplary commitment to human injuries. check for trapped victims. During the life, they also highlight a selflessness I commend this heroic act of Andrew rescue Kevin suffered burns and res- we all should strive for. I commend Emanuel. He helped to save the life of piratory injuries. a fellow citizen and brought comfort to Jack for being a hero to his community Firefighters, like Kevin, work valor- a worried family. I feel that as long as and nation. It is an honor to represent ously everyday. Each time they re- ∑ we have such dedicated citizens, our you in the U.S. Senate. spond to a call for help, they are risk- Nation will continue to be strong. An- f ing their own lives. Kevin went above drew exemplifies the ideals of a Gran- TRIBUTE TO THE HOOKSETT FIRE and beyond the call of duty in order to ite Stater and I am honored to rep- DEPARTMENT save fellow citizens and bring comfort resent him in the U.S. Senate.∑ to his community. Firefighters are ∑ Mr. SMITH of New Hampshire. Mr. f some of our country’s bravest heroes, President, today I show my support for TRIBUTE TO HENRY GERLACK and I applaud Kevin’s efforts to keep the Hooksett Fire Department, includ- the citizens of New Hampshire safe. ∑ Mr. SMITH of New Hampshire. Mr. ing Chief Michael Howard, Lieutenant I commend Kevin Healy’s bravery President, I show my support for Henry David Carignan, Firefighter Bill Palm- and applaud his dedication to public Gerlack Jr. of Barnstead, NH. His he- er and Firefighter Steve Davis. Their service. It exemplifies true courage and roic actions, along with the help of heroic actions saved numerous lives, honor to put other’s lives above your Kathleen Moore, saved the life of a and preserved one of New Hampshire’s own. I am confident that as long as we man trapped inside a burning vehicle. historical landmarks. They worked have people like Kevin, our State and Henry put his life on the line to pre- without regard for their own safety to Nation will continue to be strong. New serve the life of another. preserve a treasure to the community. Hampshire is proud to have such exem- In April of 2001, Henry Gerlack no- On an early morning in July of 2001, plary citizens and it is an honor to rep- ticed a burning vehicle on the side of the Hooksett Fire Department received resent you in the U.S. Senate.∑ the road. He heard cries for help and a call that a historic bed and breakfast f raced to the burning vehicle to find a was on fire. The company worked tire- 34 year-old man wedged between the lessly to save the burning building. TRIBUTE TO JEFFREY MORSE crushed steering wheel and dashboard. Upon learning that guests were ∑ Mr. SMITH of New Hampshire. Mr. Henry and Kathleen pulled the man out trapped in the residence, the fire- President, today I show my support for of the car moments before it exploded. fighters successfully made several res- Jeffrey Morse of New Hampshire. His I commend the altruistic acts of cues. Leading six victims down their heroic actions, combined with help Henry Gerlack, Jr. It takes true cour- ladders, they brought them to safety. from Paul Gagne, saved a woman and age to put somebody else’s life above The firefighters further risked their numerous animals. He put his life on one’s own. I am confident that as long lives to perform room-by-room the line to rescue others from a house. as we have people like Henry, our Na- searches and confirm that everybody In September of 2001, the two tele- tion will continue to be strong. New rescued. phone technicians were working on a April 18, 2002 CONGRESSIONAL RECORD — SENATE S2947 cable problem when they noticed ing and worked their way through the a fellow citizen and brought comfort to smoke coming from a nearby house. thick smoke to find a choking woman. a worried family. I feel that as long as They raced to the scene of the fire. The two men picked her up and carried we have such dedicated citizens our Na- Paul hurried to call the emergency res- her to safety. They returned for a final tion will continue to be strong. Adam cue services, while Jeffrey used a gar- trip to ensure everyone had been res- exemplifies the ideals of a Granite den hose to prevent the flames from cued. Stater and I am honored to represent spreading. Jeffrey then noticed a sign I commend the acts of Paul Gagne. It him in the U.S. Senate.∑ indicating that live animals were liv- takes true courage and honor to put f ing in the house, so he kicked down the somebody else’s life above one’s own. I TRIBUTE TO CAPTAIN TOM door to the building and retrieved a am confident that as long as we have BUINICKY cat. people like Paul, our Nation will con- After the animal was brought to safe- tinue to be strong. New Hampshire is ∑ Mr. SMITH of New Hampshire. Mr. ty, the two men heard screams. Paul proud to have such a dedicated citizen. President, today I show my support for and Jeffrey entered the burning build- It is an honor to represent Paul Gagne Captain Tom Buinicky of the Clare- ing and worked their way through the in the U.S. Senate.∑ mont Fire Department. His heroic ac- thick smoke to find a choking woman. f tions, along with the efforts of Fire- The two men picked her up and carried fighter Amos Chamberlain, helped to TRIBUTE TO RAY SUMMERS her to safety. They returned for a final save the lives of several families trip to ensure they had rescued every- ∑ Mr. SMITH of New Hampshire. Mr. caught inside a burning apartment one. President, today I show my support for building. Amos puts his life on the line I commend the selfless acts of Jeffrey Ray Summers of Manchester, NH. His everyday for the sake of others. Morse. It takes true courage to put heroic actions and dedication to his In January of 2001, the two men re- somebody else’s life above one’s own. I country saved two fellow citizens and sponded to what seemed to be a routine am confident that as long as we have helped to discover numerous bodies call. They were two of the first fire- people like Jeffrey, our Nation will that were buried beneath the rubble at fighters on the scene and they discov- continue to be strong. New Hampshire Ground Zero. He put his own life on the ered a three-alarm fire. Witnesses told is proud to have such a dedicated cit- line to bring comfort to a Nation. them of an infant trapped on the third izen. It is an honor to represent Jeffrey Ray was interning at Shea Stadium floor of the building, so the men Morse in the U.S. Senate.∑ when the World Trade Center Buildings searched for the baby. The baby had al- f collapsed on September 11, 2001, one of ready been brought to safety, but the the most catastrophic days in our Na- men continued to make sure that the TRIBUTE TO RUSS LAURIAT tion’s history. As a trained EMT, Ray entire building had been vacated. ∑ Mr. SMITH of New Hampshire. Mr. answered a call from the New York Firefighters Buinicky and Chamber- President, today I show my support for City emergency authorities who des- lain work valorously everyday. Each Russ Lauriat of Goffstown. Russ, with perately needed his support at Ground time they respond to a call for help, the assistance of his friends Arthur Zero. He was escorted to the scene, they are putting their own lives in Moreau and Russ VanderHorst, rescued given rescue equipment, and imme- jeopardy. This is just one example of the life of 28-year-old Scott Derendal. diately began to search for victims. how they went above and beyond the The three friends came upon a Ray searched for survivors and call of duty in order to save the lives of wrecked, burning vehicle while driving cleaned up rubble for about 72 hours, fellow citizens and bring comfort to the through Wear last July. Feeling a civic taking little time to rest or eat. He en- community. Firefighters are among duty to aid a fellow person in need, Ar- countered several near death experi- some of this Nation’s bravest heroes, thur, Russ and Russ raced to rescue the ences, including nearly being crushed and I applaud them for their work to individual trapped in the car. They by the collapsing Liberty Plaza Build- keep New Hampshire safe. managed to save the life of Scott. ing. He and another rescuer found two I commend the altruistic acts of Cap- I commend you Russ for the selfless Port Authority officers still alive. tain Buinicky. It takes true courage to act of kindness you imparted on an un- They uncovered the two officers and put other’s lives above one’s own. I am known individual. You gave of yourself carried them to safety. confident that as long as we have peo- without a second thought as to how it I commend the selfless acts of Ray ple like Tom our Nation will continue might affect your life. It is an honor to Summers. It takes true courage and to be strong. New Hampshire is proud represent you in the U.S. Senate.∑ honor to put somebody else’s life and to have such a dedicated citizen and it f their country above one’s own life. I is truly an honor to represent Captain am confident that as long as we have Tom Buinicky in the U.S. Senate.∑ TRIBUTE TO PAUL GAGNE people like Ray Summers, our Nation f ∑ Mr. SMITH of New Hampshire. Mr. will continue to be strong. New Hamp- TRIBUTE TO TIMOTHY DILLON President, today I show my support for shire is proud to have such a dedicated Paul Gagne of New Hampshire. His he- citizen. It is an honor to represent him ∑ Mr. SMITH of New Hampshire. Mr. roic actions, combined with help from in the U.S. Senate.∑ President, today I show my support for Jeffrey Morse, saved a woman and nu- f Timothy Dillon of Hampton Falls, NH. merous animals. He put his life on the His heroic actions, along with those of line to rescue others from a burning TRIBUTE TO ADAM ANDERSON Christopher Smith, saved the life of a house. ∑ Mr. SMITH of New Hampshire. Mr. woman trapped in a burning vehicle. In September of 2001, the two tele- President, today I show my support to He put his own life on the line to res- phone technicians were working on a Adam Anderson for his heroic efforts at cue a fellow citizen. cable problem when they noticed the McIntyre Ski Area. He, along with In October of 2001, Timothy noticed a smoke coming from a nearby house. Shawn Page, Alex Marion, and Andrew burning car that had fallen down an They raced to the scene of the fire. Emanuel, helped to save the life of a embankment. Timothy and Chris- Paul hurried to call the emergency res- fellow skier. topher raced to the scene of the acci- cue services, while Jeffrey used a gar- While enjoying a day of recreation at dent and discovered an elderly woman den hose to prevent the flames from a ski slope, Adam noticed a child hang- trapped in the burning vehicle. She was spreading. Jeffrey then noticed a sign ing from the seat of a chairlift. The pinned in the vehicle by the deployed indicating that live animals were liv- skiers formed a human net to catch the air bag and the crushed dashboard. ing in the house, so he kicked down the boy. When the boy fell, Adam and his Christopher attempted to break the door to the building and retrieved a friends were able to save his life and driver’s side window, while Timothy cat. prevent him from sustaining any seri- broke through the back of the car. After the animal was brought to safe- ous injuries. Christopher smashed the window using ty, the two men heard screams. Paul I commend this heroic act of Adam a tire iron and he entered through the and Jeffrey entered the burning build- Anderson. He helped to save the life of front of the car. Putting their own S2948 CONGRESSIONAL RECORD — SENATE April 18, 2002 lives in jeopardy, the two men were Moments before the vehicle exploded, breakfast was in flames. The company able to pull the woman to safety. Fred and Joyce put their lives in jeop- worked tirelessly to extinguish the I commend the selfless act of Tim- ardy once again and pulled out the sec- fire. othy Dillon. It takes true courage to ond passenger. As they were carrying Upon learning that guests were put somebody else’s life above one’s him to safety, the car burst into trapped in the residence, the fire- own. I am confident that as long as we flames. Fred Corser quickly found a fighters successfully made several res- have people like Timothy, our Nation piece of plywood and used it to shield cues. Leading six victims down their will continue to be strong. New Hamp- the victim from the explosion. ladders, they brought them to safety. shire is proud to have such a dedicated I commend Fred and Joyce Corser for The firefighters further risked their citizen. It is truly an honor and privi- their altruistic acts. Their selfless lives to perform room-by-room lege to represent Timothy Dillon in the deeds saved the lives of two fellow citi- searches to confirm that everybody U.S. Senate.∑ zens. I feel confident that as long as was out of the building safely. f there are Americans like Fred and These firefighters work valorously Joyce Corser, who are willing to put everyday. Each time they respond to a TRIBUTE TO FIREFIGHTER AMOS call for help, they are putting their CHAMBERLAIN the well-being of others before them- selves, our Nation will continue to be own lives in jeopardy. This is just one ∑ Mr. SMITH of New Hampshire. Mr. strong. It is truly an honor and a privi- example of the hard work and dedica- President, today I show my support for lege to represent them in the U.S. Sen- tion of New Hampshire’s firefighters. Firefighter Amos ‘‘Buzz’’ Chamberlain ate.∑ By consistently operating above and of the Claremont Fire Department. His beyond the call of duty, these men and heroic actions, along with the efforts of f women save the lives of fellow citizens Captain Tom Buinicky, helped to save TRIBUTE TO DEREK VITALE and bring comfort to the community. the lives of several families caught in- ∑ Mr. SMITH of New Hampshire. Firefighters are among our country’s side a burning apartment building. Madam President, today I show my bravest heroes, and this company has Buzz puts his life on the line each day support for Derek Vitale of Chester, been serving the State of New Hamp- for the sake of others. NH. His heroic actions saved the lives shire for many years. In January of 2001, the two men re- of numerous Farmington, NH resi- I commend the altruistic acts of the sponded to what seemed to be a routine dents, including the life of a helpless Allenstown Fire Department. It takes call. They were two of the first fire- baby. He put his own life on the line to courage to place somebody else’s life fighters on the scene and discovered a rescue others from a burning building. above one’s own. I am confident that as three-alarm fire. Witnesses told them In August of 2001, Derek was on his long as we have firefighters like those of an infant trapped on the third floor way to a fishing trip with his friend of Allenstown our Nation will continue of the building and they searched for Anthony Tripari, when they noticed to remain protected. New Hampshire is the baby. The baby had already been smoke from a burning apartment build- proud to have such dedicated citizens, brought to safety, but the men contin- ing. It was about three o’clock in the and it is an honor to represent you in ued to make sure that the entire build- ∑ morning, so Derek honked the horn of the U.S. Senate. ing had been vacated. f Firefighters Chamberlain and his car in an attempt to wake up all Buinicky work valorously everyday. the residents in the building and alert TRIBUTE TO NATHAN LANGLAIS Each time they respond to a call for them to the fire. ∑ Mr. SMITH of New Hampshire. help, they are putting their own lives As the residents vacated, it was re- Madam President, today I pay tribute in jeopardy. This is just one example of ported that a baby was trapped on the to Nathan Langlais of Nashua, NH, for how they went above and beyond the second floor. Derek sprinted into the risking his safety to save the life of a call of duty in order to save the lives of flaming building, covering his mouth fellow motorist trapped in a crashed fellow citizens and bring comfort to the with only the collar of his shirt and vehicle. community. Firefighters are among found the baby. Derek carried the baby In August of 2001, Nathan and his some of this Nation’s bravest heroes, to safety and simultaneously knocked friend John Horan, noticed a vehicle and I applaud them for their work to on the doors of every apartment to that had plunged through the guardrail keep New Hampshire safe. make sure the building was vacated. and down a hill on the side of Daniel I commend the altruistic acts of I commend the altruistic acts of Webster Highway. The men imme- Amos Chamberlain. It takes true cour- Derek Vitale. It take true courage to diately, and without regard for per- age and honor to put others’ lives put somebody else’s life above one’s sonal safety, came to the aid of the above one’s own. I am confident that as own. I am confident that as long as we car’s driver. long as we have people like Buzz, our have people like Derek Vitale, our Na- They discovered a semi-conscious Nation will continue to be strong. New tion will continue to be strong. New driver in the smoking car. The men at- Hampshire is proud to have such a Hampshire is proud to have such a tempted to extract the driver from the dedicated citizen and it is truly an dedicated citizen. It is an honor to rep- vehicle but were unsuccessful in their honor to represent him in the U.S. Sen- resent him in the U.S. Senate.∑ first attempt. Loud noises came from ate.∑ f the gasoline tank and the back of the f TRIBUTE TO THE ALLENSTOWN car began to ignite. With little time to spare, the men rescued the driver from TRIBUTE TO FRED AND JOYCE FIRE DEPARTMENT the passenger’s side of the vehicle. CORSER ∑ Mr. SMITH of New Hampshire. I commend Nathan Langlais for his ∑ Mr. SMITH of New Hampshire. Mr. Madam President, today I show my bravery and heroism. His selflessness President, today I pay tribute to Fred support for the Allenstown Fire De- saved the life of a fellow citizen, and and Joyce Corser of Concord, NH, for partment, including Captain Dan Silva, set a positive example for the people of their heroic act of rescuing two young Lieutenant Scott Eaton, as well as the State of New Hampshire. I am con- passengers from a vehicle on the verge Firefighters Edward Higgins, Lee Che- fident that as long as there are Ameri- of exploding. ney, Mark Jacobs, Ray Sevigny and cans like Nathan Langlais, our Nation In August of 2001, an automobile ac- Keith Lambert. Their heroic actions will continue to be strong. It is truly cident occurred outside of the Corser’s saved the lives of numerous hotel an honor and a privilege to represent home. Fred immediately rushed to as- guests and preserved one of New Hamp- you in the U.S. Senate.∑ sist the two passengers trapped inside shire’s historical landmarks. The men f the vehicle, while Joyce contacted res- of the Allenstown Fire Department cue personnel and then joined her hus- risked their lives, as they do everyday, MESSAGE FROM THE HOUSE band. Together, they risked their lives to protect and serve. At 3:23 p.m., a message from the to remove the backseat passenger from On an early morning in July of 2001, House of Representatives, delivered by the vehicle, who had sustained a com- the Allenstown Fire Department re- Mr. Hays, one of its reading clerks, an- pound leg fracture during the accident. ceived a call that a historic bed and nounced that the House has agreed to April 18, 2002 CONGRESSIONAL RECORD — SENATE S2949 the amendment of the Senate to the EC–6532. A communication from the Prin- EC–6542. A communication from the Para- bill (H.R. 586) to amend the Internal cipal Deputy Associate Administrator of the legal Specialist, Federal Aviation Adminis- Revenue Code of 1986 to provide that Environmental Protection Agency, transmit- tration, Department of Transportation, the exclusion from gross income for ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of titled ‘‘Approval and Promulgation of Imple- a rule entitled ‘‘Airworthiness Directives: foster care payments shall also apply mentation Plans and Designation of Areas McDonnell Douglas Model MD–90–30 Air- to payments by qualified placement for Air Quality Planning Purposes; State of planes’’ ((RIN2120–AA64)(2002–0192)) received agencies, and for other purposes, with New York’’ (FRL7172–6) received on April 16, on April 16, 2002; to the Committee on Com- amendments in which it requests con- 2002; to the Committee on Environment and merce, Science, and Transportation. currence of the Senate. Public Works. EC–6543. A communication from the Para- EC–6533. A communication from the Prin- legal Specialist, Federal Aviation Adminis- f cipal Deputy Associate Administrator of the tration, Department of Transportation, EXECUTIVE AND OTHER Environmental Protection Agency, transmit- transmitting, pursuant to law, the report of COMMUNICATIONS ting, pursuant to law, the report of a rule en- a rule entitled ‘‘Airspace Actions Modifica- titled ‘‘Approval and Promulgation of Imple- tion of Class D Airspace, Modification of The following communications were mentation Plans Georgia: Approval of Revi- Class E Airspace; Rockford, IL’’ ((RIN2120– laid before the Senate, together with sions to State Implementation Plan’’ AA66)(2002–0058)) received on April 16, 2002; to accompanying papers, reports, and doc- (FRL7172–7) received on April 16, 2002; to the the Committee on Commerce, Science, and uments, which were referred as indi- Committee on Environment and Public Transportation. cated: Works. EC–6544. A communication from the Para- EC–6534. A communication from the Chair- legal Specialist, Federal Aviation Adminis- EC–6523. A communication from the Sec- man of the Nuclear Regulatory Commission, tration, Department of Transportation, retary of Veterans’ Affairs, transmitting, a transmitting, pursuant to law, the Report on transmitting, pursuant to law, the report of draft of proposed legislation entitled ‘‘De- Abnormal Occurrences for Fiscal Year 2001; a rule entitled ‘‘Airworthiness Directives: partment of Veterans’ Affairs Reorganiza- to the Committee on Environment and Pub- Various Transport Category Airplanes tion Act of 2002’’; to the Committee on Vet- lic Works. Equipped With Air Traffic Control (ATC) erans’ Affairs. EC–6535. A communication from the Trial Transponders Manufactured by Rockwell EC–6524. A communication from the Chair- Attorney, Federal Railroad Administration, Collins Inc.’’ ((RIN2120–AA64)(2002–0188)) re- man and Vice Chairman of the Federal Elec- Department of Transportation, transmitting, ceived on April 16, 2002; to the Committee on tion Commission, transmitting, a report rel- pursuant to law, the report of a rule entitled Commerce, Science, and Transportation. ative to emergency Fiscal Year 2002 supple- ‘‘Passenger Equipment Safety Standards’’ EC–6545. A communication from the Para- mental appropriations associated with the (RIN2130–AB48) received on April 16, 2002; to legal Specialist, Federal Aviation Adminis- Bipartisan Campaign Reform Act of 2002; to the Committee on Commerce, Science, and tration, Department of Transportation, the Committee on Appropriations. Transportation. transmitting, pursuant to law, the report of EC–6525. A communication from the Sec- EC–6536. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: retary of Health and Human Services, trans- gram Analyst of the Federal Aviation Ad- Boeing Model 737–100, 200, 200C, 300, 400, and mitting, pursuant to law, the report on ministration, Department of Transportation, 500 Series Airplanes’’ ((RIN2120–AA64)(2002– Agency Drug-Free Workplace Plans; to the transmitting, pursuant to law, the report of 0189)) received on April 16, 2002; to the Com- Committee on Appropriations. a rule entitled ‘‘Airworthiness Directives: mittee on Commerce, Science, and Transpor- EC–6526. A communication from the Prin- Bombardier Model CL 600 2C10 Series Air- tation. cipal Deputy Associate Administrator of the planes’’ ((RIN2120–AA64)(2002–0181)) received EC–6546. A communication from the Para- Environmental Protection Agency, transmit- on April 16, 2002; to the Committee on Com- legal Specialist, Federal Aviation Adminis- ting, pursuant to law, the report of a rule en- merce, Science, and Transportation. tration, Department of Transportation, titled ‘‘Fenhexmid; Pesticide Tolerance’’ EC–6537. A communication from the Pro- transmitting, pursuant to law, the report of (FRL6829–9) received on April 16, 2002; to the gram Analyst of the Federal Aviation Ad- a rule entitled ‘‘Airworthiness Directives: Committee on Agriculture, Nutrition, and ministration, Department of Transportation, McDonnell Douglas Model MD–90–30 Air- Forestry. transmitting, pursuant to law, the report of planes’’ ((RIN2120–AA64)(2002–0190)) received EC–6527. A communication from the Prin- a rule entitled ‘‘Airworthiness Directives: on April 16, 2002; to the Committee on Com- cipal Deputy Associate Administrator of the BAE Systems Limited Model BAe 146 Series merce, Science, and Transportation. Environmental Protection Agency, transmit- Airplanes; and Model Avro 146–RJ Series Air- EC–6547. A communication from the Para- ting, pursuant to law, the report of a rule en- planes’’ ((RIN2120–AA64)(2002–0180)) received legal Specialist, Federal Aviation Adminis- titled ‘‘Fuazinam; Pesticide Tolerance’’ on April 16, 2002; to the Committee on Com- tration, Department of Transportation, (FRL6831–8) received on April 16, 2002; to the merce, Science, and Transportation. transmitting, pursuant to law, the report of Committee on Agriculture, Nutrition, and EC–6538. A communication from the Pro- a rule entitled ‘‘Airworthiness Directives: Forestry. gram Analyst of the Federal Aviation Ad- Request for Comments Boeing Model 767–300 EC–6528. A communication from the Prin- ministration, Department of Transportation, Airplanes that have been modified in accord- cipal Deputy Associate Administrator of the transmitting, pursuant to law, the report of ance with Supplemental Type Certificate Environmental Protection Agency, transmit- a rule entitled ‘‘Airworthiness Directives: STC00973WI–D’’ ((RIN2120–AA64)(2002–0185)) ting, pursuant to law, the report of a rule en- Boeing Model 747 Series Airplanes’’ received on April 16, 2002; to the Committee titled ‘‘Sodium Starch Glycolate; Exemption ((RIN2120–AA64)(2002–0182)) received on April on Commerce, Science, and Transportation. from the Requirement of a Tolerance’’ 16, 2002; to the Committee on Commerce, EC–6548. A communication from the Para- (FRL6833–9) received on April 16, 2002; to the Science, and Transportation. legal Specialist, Federal Aviation Adminis- Committee on Agriculture, Nutrition, and EC–6539. A communication from the Para- tration, Department of Transportation, Forestry. legal Specialist, Federal Aviation Adminis- transmitting, pursuant to law, the report of EC–6529. A communication from the Ad- tration, Department of Transportation, a rule entitled ‘‘Airworthiness Directives: ministrator of the Environmental Protection transmitting, pursuant to law, the report of SOCATA—Group AEROSPATIALE Models Agency, transmitting, a draft of proposed a rule entitled ‘‘Airspace Actions Modifica- MS 892A–150, MS 892E–150, MS 893A, MS 894A, legislation to amend the Federal Insecticide, tion of Class E Airspace, Brainerd, MN’’ MS 894E, Rallye 150T, and Rallye 150ST Air- Fungicide, and Rodenticide Act and Toxic ((RIN2120–AA66)(2002–0059)) received on April planes’’ ((RIN2120–AA64)(2002–0186)) received Substances Control Act; to the Committee 16, 2002; to the Committee on Commerce, on April 16, 2002; to the Committee on Com- on Environment and Public Works. Science, and Transportation. merce, Science, and Transportation. EC–6530. A communication from the Gen- EC–6540. A communication from the Para- EC–6549. A communication from the Para- eral Counsel, Federal Emergency Manage- legal Specialist, Federal Aviation Adminis- legal Specialist, Federal Aviation Adminis- ment Agency, transmitting, pursuant to law, tration, Department of Transportation, tration, Department of Transportation, the report of a rule entitled ‘‘Hazard Mitiga- transmitting, pursuant to law, the report of transmitting, pursuant to law, the report of tion Planning and Hazard Mitigation Grant a rule entitled ‘‘Airspace Actions Modifica- a rule entitled ‘‘Airworthiness Directives: Program’’ (RIN3067–AD22) received on April tion of Class E Airspace; Frankfort, MI’’ Rockwell Collins, Inc. TDR–94 and TDR–94D 12, 2002; to the Committee on Environment ((RIN2120–AA66)(2002–0060)) received on April Model S Transponders’’ ((RIN2120– and Public Works. 16, 2002; to the Committee on Commerce, AA64)(2002–0187)) received on April 16, 2002; to EC–6531. A communication from the Prin- Science, and Transportation. the Committee on Commerce, Science, and cipal Deputy Associate Administrator of the EC–6541. A communication from the Para- Transportation. Environmental Protection Agency, transmit- legal Specialist, Federal Aviation Adminis- EC–6550. A communication from the Para- ting, pursuant to law, the report of a rule en- tration, Department of Transportation, legal Specialist, Federal Aviation Adminis- titled ‘‘Approval and Promulgation of Air transmitting, pursuant to law, the report of tration, Department of Transportation, Quality Implementation Plans; New Hamp- a rule entitled ‘‘Airworthiness Directives: transmitting, pursuant to law, the report of shire; Post-1996 Rate of Progress Plans’’ Dassault Model Mystere-Falcon 50 Series a rule entitled ‘‘Airworthiness Directives: (FRL7171–9) received on April 16, 2002.; to the Airplanes’’ ((RIN2120–AA64)(2002–0191)) re- Cessna Aircraft Company P206, TP206, U206, Committee on Environment and Public ceived on April 16, 2002; to the Committee on 207, T207, 210, P210, and T210 Series Air- Works. Commerce, Science, and Transportation. planes’’ ((RIN2120–AA64)(2002–0194)) received S2950 CONGRESSIONAL RECORD — SENATE April 18, 2002 on April 16, 2002; to the Committee on Com- Percy Anderson, of California, to be United under the Medicaid Program in order to pro- merce, Science, and Transportation. States District Judge for the Central Dis- mote the use of long-term care insurance; to EC–6551. A communication from the Para- trict of California. the Committee on Finance. legal Specialist, Federal Aviation Adminis- Joan E. Lancaster, of Minnesota, to be By Mr. BAUCUS (for himself and Mr. tration, Department of Transportation, United States District Judge for the District GRASSLEY): transmitting, pursuant to law, the report of of Minnesota. S. 2200. A bill to amend the Ineternal Rev- a rule entitled ‘‘Airworthiness Directives: Michael M. Baylson, of Pennsylvania, to be enue Code of 1986 to clarify that the parson- McDonnell Douglas Model DC–10–10, 10F, 15, United States District Judge for the Eastern age allowance exclusion is limited to the fair 30, 30F KC–10A and KDC–10, 40, and 40F Se- District of Pennsylvania. rental value of the property; to the Com- ries Airplanes and Model MD–10–10F and MD– Cynthia M. Rufe, of Pennsylvania, to be mittee on Finance. 10–30F Series Airplanes’’ ((RIN2120– United States District Judge for the Eastern By Mr. HOLLINGS (for himself, Mr. AA64)(2002–0184)) received on April 16, 2002; to District of Pennsylvania. STEVENS, Mr. BURNS, Mr. INOUYE, Mr. the Committee on Commerce, Science, and William C. Griesbach, of Wisconsin, to be ROCKEFELLER, Mr. KERRY, Mr. Transportation. United States District Judge for the Eastern BREAUX, Mr. CLELAND, Mr. NELSON of EC–6552. A communication from the Para- District of Wisconsin. Florida, and Mrs. CARNAHAN): legal Specialist, Federal Aviation Adminis- John F. Walter, of California, to be United S. 2201. A bill to protect the online privacy tration, Department of Transportation, States District Judge for the Central Dis- of individuals who use the Internet; to the transmitting, pursuant to law, the report of trict of California. Committee on Commerce, Science, and a rule entitled ‘‘Airworthiness Directives: Barry D. Crane, of Virginia, to be Deputy Transportation. Pilatus Aircraft Ltd. Models P–12 and PC–12/ Director for Supply Reduction, Office of Na- By Mr. EDWARDS (for himself and Mr. 45’’ ((RIN2120–AA64)(2002–0195)) received on tional Drug Control Policy. BINGAMAN): April 16, 2002; to the Committee on Com- Mary Ann Solberg, of Michigan, to be Dep- S. 2202. A bill to amend title III of the Pub- merce, Science, and Transportation. uty Director of National Drug Control Pol- lic Health Service Act to increase profes- sional and public awareness of the link be- EC–6553. A communication from the Para- icy. tween periodontal disease in pregnant legal Specialist, Federal Aviation Adminis- By Mr. HOLLINGS for the Committee on women and pre-term, low-birth weight babies tration, Department of Transportation, Commerce, Science, and Transportation. and the maternal transmission of caries; to transmitting, pursuant to law, the report of *Coast Guard nomination of Vice Adm. the Committee on Health, Education, Labor, a rule entitled ‘‘Airworthiness Directives: Thad W. Allen. and Pensions. Request for Comments Boeing Model 777–200 *Coast Guard nomination of Rear Adm. By Mr. EDWARDS (for himself and and 300 Series Airplanes’’ ((RIN2120– Thomas J. Barrett. *Coast Guard nomination of Rear Adm. Mrs. MURRAY): AA64)(2002–0183)) received on April 16, 2002; to S. 2203. A bill to provide grants for mental James D. Hull. the Committee on Commerce, Science, and health and substance abuse services for *Coast Guard nomination of Rear Adm. Transportation. women and children who have been victims Terry M. Cross. f of domestic or sexual violence; to the Com- *Nomination was reported with rec- mittee on Health, Education, Labor, and REPORTS OF COMMITTEES ommendation that it be confirmed sub- Pensions. The following reports of committees ject to the nominee’s commitment to By Mr. EDWARDS (for himself and were submitted: respond to requests to appear and tes- Mrs. MURRAY): tify before any duly constituted com- S. 2204. To amend the Public Health Serv- By Mr. LEAHY, from the Committee on ice Act to improve treatment for the mental the Judiciary, without amendment and with mittee of the Senate. health and substance abuse needs of women a preamble: (Nominations without an asterisk with histories of trauma, including domestic H. Con. Res. 243: A concurrent resolution were reported with the recommenda- and sexual violence; to the Committee on expressing the sense of the Congress that the tion that they be confirmed.) Health, Education, Labor, and Pensions. Public Safety Officer Medal of Valor should f By Mr. ROCKEFELLER: be presented to the public safety officers who S. 2205. A bill to amend title 38, United have perished and select other public safety INTRODUCTION OF BILLS AND States Code, to clarify the entitlement to officers who deserve special recognition for JOINT RESOLUTIONS disability compensation of women veterans outstanding valor above and beyond the call who have service-connected mastectomies, of duty in the aftermath of the terrorist at- The following bills and joint resolu- to provide permanent authority for coun- tacks in the United States on September 11, tions were introduced, read the first seling and treatment for sexual trauma, and 2001. and second times by unanimous con- for other purposes; to the Committee on Vet- S. Con. Res. 66: A concurrent resolution to sent, and referred as indicated: erans’ Affairs. express the sense of the Congress that the By Mr. MCCONNELL (for himself, Mrs. By Mr. BUNNING: S. 2206. A bill to make technical correction Public Safety Officer Medal of Valor should FEINSTEIN, Ms. COLLINS, Mr. SMITH of with respect to the duty suspension relating be awarded to public safety officers killed in Oregon, and Mr. BENNETT): the line of duty in the aftermath of the ter- S. 2194. A bill to hold accountable the Pal- to certain polyamides; to the Committee on rorist attacks of September 11, 2001. estine Liberation Organization and the Pal- Finance. S. Con. Res. 75: A concurrent resolution to estinian Authority, and for other purposes; By Mr. DASCHLE (for himself, Mr. express the sense of the Congress that the to the Committee on Foreign Relations. HARKIN, and Mr. GRASSLEY): S. 2207. A bill to permit an individual to be Public Safety Officer Medal of Valor should By Mr. HARKIN (for himself, Mrs. treated by a health care practitioner with be presented to public safety officers killed CLINTON, Mrs. CARNAHAN, and Mrs. any method of medical treatment such indi- or seriously injured as a result of the ter- FEINSTEIN): vidual requests, and for other purposes; to rorist attacks perpetrated against the S. 2195. A bill to establish State infrastruc- the Committee on Health, Education, Labor, United States on September 11, 2001, and to ture banks for education; to the Committee those who participated in the search, rescue and Pensions. on Health, Education, Labor, and Pensions. By Mrs. CLINTON (for herself and Mr. and recovery efforts in the aftermath of By Mr. BENNETT: those attacks. BIDEN): S. 2196. A bill to establish the National S. 2208. A bill to provide that children’s f Mormon Pioneer Heritage Area in the State sleepwear shall be manufactured in accord- of Utah, and for other purposes; to the Com- ance with stricter flammability standards; EXECUTIVE REPORTS OF mittee on Energy and Natural Resources. to the Committee on Commerce, Science, COMMITTEES By Mr. WYDEN: and Transportation. S. 2197. A bill to provide for the liquidation The following executive reports of By Mr. ROCKEFELLER: or reliquidation of certain entries of roller S. 2209. A bill to amend title 38, United committees were submitted: chain; to the Committee on Finance. States Code, to provide an additional pro- By Mr. LEAHY for the Committee on the By Mr. BREAUX (for himself, Ms. gram of service disabled veterans’ insurance Judiciary. LANDRIEU, Mr. SPECTER, and Mr. for veterans, and for other purposes; to the Jeffrey R. Howard, of New Hampshire, to SANTORUM): Committee on Veterans’ Affairs. be United States Circuit Judge for the First S. 2198. A bill to establish a commission to By Mr. BIDEN (for himself, Mr. Circuit. commemorate the sesquicentennial of the SANTORUM, Mr. KERRY, Mr. FRIST, Debra W. Yang, of California, to be United American Civil War, and for other purposes; Mr. SARBANES, Mr. CHAFEE, and Mr. States Attorney for the Central District of to the Committee on Energy and Natural Re- DEWINE): California for a term of four years. sources. S. 2210. A bill to amend the International Frank DeArmon Whitney, of North Caro- By Mr. CRAIG: Financial Institutions Act to provide for lina, to be United States Attorney for the S. 2199. A bill to amend title XIX of the So- modification of the Enhanced Heavily In- Eastern District of North Carolina for a term cial Security Act to permit additional States debted Poor Countries (HIPC) Initiative; to of four years. to enter into long-term care partnerships the Committee on Foreign Relations. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2951 By Mr. HUTCHINSON (for himself and (Mr. TORRICELLI) was added as a co- At the request of Mr. HARKIN, his Mr. CLELAND): sponsor of S. 554, a bill to amend title name was added as a cosponsor of S. S. 2211. A bill to amend title 10, United XVIII of the Social Security Act to ex- 1749, supra. States Code, to apply the additional retired pay percentage for extraordinary heroism to pand medicare coverage of certain self- S. 1785 the computation of the retired pay of en- injected biologicals. At the request of Mr. CLELAND, the listed members of the Armed Forces who are S. 572 names of the Senator from South Caro- retired for any reason, and for other pur- At the request of Mr. CHAFEE, the lina (Mr. THURMOND), the Senator from poses; to the Committee on Armed Services. name of the Senator from Minnesota Florida (Mr. NELSON), the Senator from By Mr. MCCAIN (for himself, Mr. (Mr. DAYTON) was added as a cosponsor Hawaii (Mr. INOUYE), the Senator from DASCHLE, and Mr. JOHNSON): of S. 572, a bill to amend title XIX of Delaware (Mr. CARPER), and the Sen- S. 2212. A bill to establish a direct line of authority for the Office of Trust Reform Im- the Social Security Act to extend ator from Utah (Mr. BENNETT) were plementations and Oversight to oversee the modifications to DSH allotments pro- added as cosponsors of S. 1785, a bill to management and reform of Indian trust vided under the Medicare, Medicaid, urge the President to establish the funds and assets under the jurisdiction of the and SCHIP Benefits Improvement and White House Commission on National Department of the Interior, and to advance Protection Act of 2000. Military Appreciation Month, and for tribal management of such funds and assets, S. 677 other purposes. pursuant to the Indian Self-Determinations At the request of Mr. HATCH, the S. 1828 Act and for other purposes; to the Com- mittee on Indian Affairs. names of the Senator from New Mexico At the request of Mr. LEAHY, the By Mr. DAYTON (for himself and Mr. (Mr. BINGAMAN) and the Senator from name of the Senator from Illinois (Mr. SESSIONS): Colorado (Mr. CAMPBELL) were added as DURBIN) was added as a cosponsor of S. S. 2213. A bill to amend the Internal Rev- cosponsors of S. 677, a bill to amend the 1828, a bill to amend subchapter III of enue Code of 1986 to exclude from gross in- Internal Revenue Code of 1986 to repeal chapter 83 and chapter 84 of title 5, come certain overseas pay of members of the the required use of certain principal re- United States Code, to include Federal Armed Forces of the United States; to the payments on mortgage subsidy bond fi- prosecutors within the definition of a Committee on Finance. nancing to redeem bonds, to modify the law enforcement officer, and for other By Mr. CORZINE (for himself, Mr. TORRICELLI, Mr. SCHUMER, and Mrs. purchase price limitation under mort- purposes. CLINTON): gage subsidy bond rules based on me- S. 1981 S. 2214. A bill to provide compensation and dian family income, and for other pur- At the request of Mrs. BOXER, the income tax relief for the individuals who poses. name of the Senator from Illinois (Mr. were victims of the terrorist-related bomb- S. 1005 DURBIN) was added as a cosponsor of S. ing of the World Trade Center in 1993 on the At the request of Mrs. CLINTON, her 1981, a bill to enhance penalties for same basis as compensation and income tax relief is provided to victims of the terrorist- name was added as a cosponsor of S. fraud in connection with identification related aircraft crashes on September 11, 1005, a bill to provide assistance to mo- documents that facilitates an act of do- 2001; to the Committee on Finance. bilize and support United States com- mestic terrorism. By Mrs. BOXER (for herself and Mr. munities in carrying out community- S. 1990 SANTORUM): based youth development programs At the request of Mrs. MURRAY, the S. 2215. A bill to halt Syrian support for that assure that all youth have access names of the Senator from Maine (Ms. terrorism, end its occupation of Lebanon, to programs and services that build the SNOWE) and the Senator from New stop its development of weapons of mass de- competencies and character develop- struction, cease its illegal importation of York (Mrs. CLINTON) were added as co- Iraqi oil, and by so doing hold Syria account- ment needed to fully prepare the youth sponsors of S. 1990, a bill to establish a able for its role in the Middle East, and for to become adults and effective citizens, public education awareness program other purposes; to the Committee on Foreign and for other purposes. relating to emergency contraception. Relations. S. 1278 S. 1992 f At the request of Mrs. LINCOLN, the At the request of Mr. KENNEDY, the SUBMISSION OF CONCURRENT AND name of the Senator from Mississippi name of the Senator from Massachu- SENATE RESOLUTIONS (Mr. COCHRAN) was added as a cospon- setts (Mr. KERRY) was added as a co- sor of S. 1278, a bill to amend the Inter- sponsor of S. 1992, a bill to amend the The following concurrent resolutions nal Revenue Code of 1986 to allow a Employee Retirement Income Security and Senate resolutions were read, and United States independent film and Act of 1974 to improve diversification referred (or acted upon), as indicated: television production wage credit. of plan assets for participants in indi- By Mr. CAMPBELL: S. 1370 vidual account plans, to improve dis- S. Res. 246. A resolution demanding the re- At the request of Mr. MCCONNELL, closure, account access, and account- turn of the USS Pueblo to the United States Navy; to the Committee on Foreign Rela- the name of the Senator from Ohio ability under individual account plans, tions. (Mr. VOINOVICH) was added as a cospon- and for other purposes. f sor of S. 1370, a bill to reform the S. 2003 health care liability system. At the request of Mr. NELSON of Ne- ADDITIONAL COSPONSORS S. 1449 braska, the name of the Senator from S. 229 At the request of Mr. GRAHAM, the Georgia (Mr. CLELAND) was added as a At the request of Mr. HAGEL, the name of the Senator from Maine (Ms. cosponsor of S. 2003, a bill to amend name of the Senator from South Da- COLLINS) was added as a cosponsor of S. title 38, United States Code, to clarify kota (Mr. JOHNSON) was added as a co- 1449, a bill to establish the National Of- the applicability of the prohibition on sponsor of S. 229, a bill to amend Fed- fice for Combatting Terrorism. assignment of veterans benefits to eral banking law to permit the pay- S. 1549 agreements regarding future receipt of ment of interest on business checking At the request of Mr. LIEBERMAN, the compensation, pension, or dependency accounts in certain circumstances, and names of the Senator from Georgia and indemnity compensation, and for for other purposes. (Mr. MILLER) and the Senator from other purposes. S. 237 Minnesota (Mr. DAYTON) were added as S. 2039 At the request of Mr. HUTCHINSON, cosponsors of S. 1549, a bill to provide At the request of Mr. DURBIN, the the name of the Senator from New for increasing the technically trained names of the Senator from Hawaii (Mr. Hampshire (Mr. SMITH) was added as a workforce in the United States. INOUYE) and the Senator from Indiana cosponsor of S. 237, a bill to amend the S. 1749 (Mr. BAYH) were added as cosponsors of Internal Revenue Code of 1986 to repeal At the request of Mr. KENNEDY, the S. 2039, a bill to expand aviation capac- the 1993 income tax increase on Social name of the Senator from West Vir- ity in the Chicago area. Security benefits. ginia (Mr. ROCKEFELLER) was added as S. 2046 S. 554 a cosponsor of S. 1749, a bill to enhance At the request of Mr. CRAIG, the At the request of Mrs. MURRAY, the the border security of the United names of the Senator from New Hamp- name of the Senator from New Jersey States, and for other purposes. shire (Mr. SMITH) and the Senator from S2952 CONGRESSIONAL RECORD — SENATE April 18, 2002 New Mexico (Mr. BINGAMAN) were for fiscal years 2002 through 2006, and and livelihoods of innocent Israeli and added as cosponsors of S. 2046, a bill to for other purposes. Palestinian civilians. Much like our amend the Public Health Service Act AMENDMENT NO. 3136 war against the Taliban and al-Qaida to authorize loan guarantees for rural At the request of Mr. ROCKEFELLER, in Afghanistan, Israel is rotting out health facilities to buy new and repair the name of the Senator from New terrorist cells and destroying their net- existing infrastructure and technology. York (Mrs. CLINTON) was added as a co- works. S. 2051 sponsor of amendment No. 3136 in- It is no understatement that the At the request of Mr. REID, the tended to be proposed to S. 517, a bill to Israeli military is undertaking its op- names of the Senator from Idaho (Mr. authorize funding the Department of erations with precision and profes- CRAPO), the Senator from Maryland Energy to enhance its mission areas sionalism that no other army in the re- (Mr. SARBANES), and the Senator from through technology transfer and part- gion could exert. The Arafat Accountability Act will Vermont (Mr. LEAHY) were added as co- nerships for fiscal years 2002 through not frustrate or derail the important sponsors of S. 2051, a bill to remove a 2006, and for other purposes. condition preventing authority for con- efforts of the administration to secure AMENDMENT NO. 3141 a political solution to the ongoing current receipt of military retired pay At the request of Mr. DORGAN, the and veterans’ disability compensation strife. Rather, it places critical incen- names of the Senator from Connecticut tives to ensure that Chairman Arafat from taking affect, and for other pur- (Mr. DODD), the Senator from Con- poses. and the Palestinian Authority do not necticut (Mr. LIEBERMAN), and the Sen- deliver a fatal blow to the prospects for S. 2078 ator from Nevada (Mr. REID) were peace. At the request of Mrs. HUTCHISON, the added as cosponsors of amendment No. Specifically, the act denies a visa to name of the Senator from Georgia (Mr. 3141 proposed to S. 517, a bill to author- Arafat and other senior PLO officials CLELAND) was added as a cosponsor of ize funding the Department of Energy to travel to the United States, down- S. 2078, a bill to amend section 527 of to enhance its mission areas through grades the PLO’s representative office the Internal Revenue Code of 1986 to technology transfer and partnerships here in Washington, restricts the trav- eliminate notification and return re- for fiscal years 2002 through 2006, and el of senior PLO officials at the United quirements for State and local polit- for other purposes. Nations, and seizes the assets of the ical committees and candidate com- f PLO and the Palestinian Authority and mittees and avoid duplicate reporting Arafat in the United States. It also re- by certain State and local political STATEMENTS ON INTRODUCED quires the administration to report to committees of information required to BILLS AND JOINT RESOLUTIONS Congress on any acts of terrorism com- be reported and made publicly avail- By Mr. MCCONNELL (for himself, mitted by the PLO or its constituent able under State law, and for other Mrs. FEINSTEIN, Ms. COLLINS, elements. purposes. Mr. SMITH of Oregon, and Mr. Importantly, the bill provides the S. 2134 BENNETT): President with flexibility in deter- At the request of Mr. HARKIN, the S. 2194. A bill to hold accountable the mining the sanctions, but it is my ex- names of the Senator from California Palestine Liberation Organization and pectation that they would remain in (Mrs. FEINSTEIN), the Senator from the Palestinian Authority, and for place until a cease-fire is achieved and Maine (Ms. COLLINS), the Senator from other purposes; to the Committee on the Tenet plan implemented. These are Georgia (Mr. CLELAND), the Senator Foreign Relations. the very same short-term goals that from Montana (Mr. BAUCUS), the Sen- Mr. MCCONNELL. Madam President, Secretary Powell has been trying to ator from Georgia (Mr. MILLER), and on behalf of the Senator from Cali- achieve over the last few days. the Senator from Indiana (Mr. BAYH) fornia and myself, I offer the Arafat We should not forget that in 1993 were added as cosponsors of S. 2134, a Accountability Act. This act seeks to Arafat himself committed the PLO to bill to allow American victims of state create conditions more conducive to ‘‘a peaceful resolution of the conflict,’’ so we are not holding Arafat to any sponsored terrorism to receive com- stopping the senseless violence and higher standard than he established for pensation from blocked assets of those flow of innocent blood in the Middle himself already. states. East. S. 2179 I would offer that Arafat should have The act takes aim at the weakest listened more carefully to Secretary At the request of Mrs. CARNAHAN, the link in ongoing efforts to negotiate a name of the Senator from New York Powell when he said to the Nation and political solution to the Israeli-Pales- the world from the McConnell Center (Mr. SCHUMER) was added as a cospon- tinian conflict—PLO Chairman Yasser sor of S. 2179, a bill to authorize the for Political Leadership at the Univer- Arafat. His leadership has been marked sity of Louisville last year that solu- Attorney General to make grants to by repeated failures—failure to force- States, local governments, and Indian tions to this conflict ‘‘will not be cre- fully denounce and terminate the spree ated by teaching hate and division, nor tribes to establish permanent tributes of horrific homicide bombings, failure to honor men and women who were will they be born amidst violence and to serve as a credible and reliable part- war.’’ killed or disabled while serving as law ner in peace, and failure to fulfill the I emphasize that it is not my intent enforcement or public safety officers. aspirations of the Palestinian people to push this bill to a vote on the Sen- S. RES. 109 for stability, economic opportunity, ate floor at this time. We should give At the request of Mr. REID, the name and a viable homeland. the President and his advisers more of the Senator from Idaho (Mr. CRAPO) Instead, he has acquiesced to terror time to pursue their objectives in the was added as a cosponsor of S. Res. 109, and violence. Documents seized during region. a resolution designating the second recent counterterrorism operations on It is my intent, though, and the in- Sunday in the month of December as the West Bank reveal his personal in- tent of the Senator from California, to ‘‘National Children’s Memorial Day’’ volvement in financing and supporting send a powerful signal to Chairman and the last Friday in the month of terrorism against Israeli civilians. The Arafat and the Palestinian Authority April as ‘‘Children’s Memorial Flag successful interception of a cargo ves- that the Senate will not stand idly by Day.’’ sel from Iran earlier this year—loaded while they talk peace in English and AMENDMENT NO. 3103 with offensive weaponry destined for practice terror in Arabic. At the request of Mr. KENNEDY, the the Palestinian Authority—should No progress toward a political solu- name of the Senator from New York have conclusively proven that Chair- tion to this conflict will be made until (Mrs. CLINTON) was added as a cospon- man Arafat was, at best, a balky part- and unless Yasser Arafat forcefully, sor of amendment No. 3103 intended to ner in peace, or, at worst, a foe of any clearly, and repeatedly condemns be proposed to S. 517, a bill to author- meaningful reconciliation. homicide bombings and other acts of ize funding the Department of Energy The terrorist attacks against Israel terrorism against Israel and takes con- to enhance its mission areas through must come to an end. And they must crete measures to restrain Palestinian technology transfer and partnerships end on terms that safeguard the lives extremists. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2953 The bill we introduce today puts Arafat himself, approves funding for engaged in by the Palestinian Libera- added pressure on Arafat and the PLO the Al Aqsa Brigades. tion Organization or any of its con- to be responsible and responsive part- On February 3, Arafat wrote a New stituent elements and, based on that ners in peace. There is no room for fur- York Times op-ed opposing violence report, to designate the PLO or its con- ther failure on Arafat’s part. He must against Israel. Yet he declared a few stituent elements as terrorist organiza- either lead his people toward peace or days later, in Ramallah, that ‘‘we will tions, or explain why not. get out of the way. make the lives of the infidels Hell’’ and The legislation also finds that Chair- Let me close by commending Presi- led a chant of ‘‘A million martyrs man Arafat and the PLO have violated dent Bush and his administration for marching to Jerusalem!’’ his commitment to peace through the their superb conduct in the ongoing And this past week, while Arafat recent purchase of 50 tons of offensive war against terrorism. They certainly spoke out against terrorism, his wife, weaponry from Iran; that they are re- have my full support in this endeavor— in Paris, said she would be proud if she sponsible for the murder of hundreds of be it in the West Bank or in Gaza or, had a son who became a suicide bomb- innocent Israelis and the wounding of for that matter, in Iraq. er. thousands more since October 2000, and My colleagues and I are looking for- I believe, sincerely, that this is not a that they have been directly impli- ward to hearing from Secretary Powell leader who wants peace for his people. cated in funding and supporting terror- when he appears before the Foreign Op- In fact, I believe the suicide bombings ists who have claimed responsibility erations Subcommittee next week. have been precisely calculated to de- for a number of homicide bombings in- Mrs. FEINSTEIN. Madam President, stroy any chance for peace. side Israel. I thank the Senator from Kentucky for If these suicide bombers cannot be Because of the failure by the Pales- his work and leadership on this issue. stopped, the situation is going to con- tinian Liberation Organization to re- We are here because we believe any tinue to deteriorate, Israel will have to nounce terrorism, the act would, A, hope for peace in the Middle East must continue to exercise its legitimate downgrade PLO representation in the begin with the complete renunciation right of self-defense, and the result will United States to before Oslo; B, place of terrorism by the Palestinian Libera- be full-scale military conflagration. travel restrictions on senior PLO rep- tion Organization and a strong, unwav- Israel has done no less—and certainly resentatives at the United Nations; C, ering commitment to bring such ter- no more—than what any country would confiscate assets of PLO or Palestinian rorism to an end. do to defend itself. There has been a Authority or Chairman Arafat in the We also believe that only with the lamentable loss of life in the West United States; D, deny visas to Chair- leadership of the United States can Bank. And I grieve for it because I be- man Arafat or other officials of the there be a peaceful settlement and res- lieve, very deeply, every life—Israeli or PLO or the Palestinian Authority. It is important to note that the olution of issues in the area. Palestinian—has equal value. President may, on a case-by-case basis, For the past 18 months, as the vio- But let us not forget that Israel’s waive this provision based on national lence of the second Intifada has in- military operation has been one based creased, the United States has consist- security considerations. on specific intelligence information, The legislation presents a sense of ently called upon Yasser Arafat to halt with specific military goals—to act di- the terrorism he pledged to end in the the Senate outlining the first steps rectly against terrorists who before the needed to reach peace. First, the Oslo accords. start of the operation were carrying Unfortunately, Arafat has incited the United States should urge an imme- out daily suicide bombings against violence and helped financially support diate and unconditional end to all ter- Israeli civilians—and carried out with the terrorists. rorist activities and commencement of We now know that one of Arafat’s top considerable restraint. a cease-fire. Two, Arafat and the PLO advisers is directly involved in financ- Certainly, Israel has not gone beyond should turn over to Israel for detention ing the illegal weapons purchases and what the United States and our allies and prosecution those wanted by the terror activities of the Al Aqsa Bri- have been doing in Afghanistan, or the Israeli Government for the assassina- gade. United Kingdom in Northern Ireland, tion of Israeli Minister of Tourism, Mr. We now know, according to docu- or the bloody French campaign in Al- Zeevi. Third, Arafat and the PLO ments seized by the Israeli Defense geria—let alone, what Egypt, Saudi should take broad and immediate ac- Forces, that Arafat was directly in- Arabia, Syria, Iraq, or Iran do on al- tion to condemn all acts of terrorism, volved in efforts to illegally smuggle most a daily basis to quell dissent. including and especially suicide bomb- more than 50 tons of arms into Israel Does anyone doubt that a suicide ing, which has resulted in the murder from Iran a few months ago. bombing in Cairo, or Riyadh, or Da- of over 125 Israeli men, women, and We now know that Arafat has failed mascus, or Beirut, or Paris would be children in the month of March alone to confiscate weapons of terrorist sus- met with the strongest of reactions, as and the injury of hundreds more; con- pects. was the 9–11 terrorist incident here? fiscate and destroy the infrastructure We know he has failed to arrest and There simply is no excuse for arming of terrorism, including weapons, bomb hold suspected terrorists and is har- a teenage girl with bombs around her factories and materials, as well as end boring suspects in the assassination of waist to blow up women and children. all financial support of terrorist activi- an Israeli Cabinet official in his own And this kind of terror is happening ties; and to take positive steps to urge headquarters in Ramallah. over and over again. all Arab nations and individuals to In fact, much of the terrorism ema- So the time is now for this Senate to cease funding terrorist operations and nates from the heart of the PLO, car- stand up, in a strong, unified voice, to the families of terrorists. ried out by the Al Aqsa Martyrs Bri- condemn the actions of Chairman Finally, the President of the United gade, composed of members of Arafat’s Arafat and his PLO and the terrorism States, working with the international own Fatah faction. that has spawned. community, with Israel and the Arab Since the beginning of the year, 209 Chairman Arafat has said one thing States, should continue the search for people have been murdered and more in English and another in Arabic. a comprehensive peace in the region. than 1,500 injured in these suicide Chairman Arafat fans the flames and There is no question that there are bombings. These are children, women, incites the people. serious differences to be reconciled be- men—innocent civilians. We offer this bill, after witnessing tween Israel and the Palestinian people The Al Aqsa Martyrs Brigade claimed the failure of efforts by Messrs. Tenet, and that only a political settlement credit for numerous of these attacks, Mitchell, Zinni, and, at least initially, can hopefully bring the violence in this including on March 31, central Jeru- Secretary Powell to break the dead- region to an end. I believe the 1967 bor- salem, killing 3 people; March 3, killing lock largely because Chairman Arafat ders, borders which have the impri- 10 people in west Jerusalem; and Janu- has not brought to an end the suicide matur of the United Nations, hold the ary 31, when the first female bomber bombing and other acts of terrorism. key to a settlement. Despite serious killed an elderly Israeli. This legislation would require the differences about the refugee problem, A document seized by the Israel De- President to report to Congress every ongoing security, and the status of Je- fense Forces in Ramallah, signed by 90 days, detailing the acts of terrorism rusalem, I believe peace can be S2954 CONGRESSIONAL RECORD — SENATE April 18, 2002 achieved through negotiation and sports arenas and movie theaters, and SEC. 3. STATE INFRASTRUCTURE BANK PILOT agreement. But I know it cannot be the most rundown place they see is PROGRAM. (a) ESTABLISHMENT.— their school, what kind of signal are we achieved through violence. (1) COOPERATIVE AGREEMENTS.—The Sec- The necessary first step is the end of sending? We can and must do better for retary of Education (hereafter in this Act re- the violence, the terrorism, and the our children. The Investing for Tomor- ferred to as the ‘‘Secretary’’), in consulta- suicide bombing. Once that is done, we row’s School Act should be a critical tion with the Secretary of the Treasury, may are firmly convinced that if leaders on part of our strategy to improve edu- enter into cooperative agreements with both sides want peace, the rest can all cation, and I urge my colleagues to States under which— be worked out. support it. (A) States establish State infrastructure I ask that the text of the bill be banks and multistate infrastructure banks for the purpose of providing the loans de- By Mr. HARKIN (for himself, printed in the RECORD. There being no objection, the bill was scribed in subparagraph (B); and Mrs. CLINTON, Mrs. CARNAHAN, (B) the Secretary awards grants to such and Mrs. FEINSTEIN): ordered to be printed in the RECORD, as States to be used as initial capital for the S. 2195. A bill to establish State in- follows: purpose of making loans— frastructure banks for education; to S. 2195 (i) to local educational agencies to enable the Committees on Health, Education, Be it enacted by the Senate and House of Rep- the agencies to build or repair elementary Labor, and Pensions. resentatives of the United States of America in schools or secondary schools that provide Mr. HARKIN. Madam President, the Congress assembled, free public education; and need to rebuild our Nation’s crumbling SECTION 1. SHORT TITLE. (ii) to public libraries to enable the librar- This Act may be cited as the ‘‘Investing for schools is clear. The National Center ies to build or repair library facilities. Tomorrow’s Schools Act of 2002’’. (2) INTERSTATE COMPACTS.— for Education Statistics estimates that SEC. 2. FINDINGS. (A) CONSENT.—Congress grants consent to it would cost $127 billion to repair, The Congress finds the following: any 2 or more States, entering into a cooper- modernize, and renovate U.S. schools. (1) According to a 1996 study conducted by ative agreement under paragraph (1) with Fourteen million U.S. students cur- the American School & University, the Secretary for the establishment of a rently attend schools that report a $10,420,000,000 was spent to address the Na- multistate infrastructure bank, to enter into need for extensive repair. And a study tion’s education infrastructure needs in 1995, an interstate compact establishing a by the American Society of Civil Engi- with the average total cost of a new high multistate infrastructure bank in accord- school at $15,400,000. neers concludes that public schools are ance with this section. (2) According to the National Center for (B) RESERVATION OF RIGHTS.—Congress ex- in worse condition than any other sec- Education Statistics, an estimated pressly reserves the right to alter, amend, or tor of our national infrastructure. $127,000,000,000 in repairs, renovations, and repeal this section and any interstate com- And yet the Federal Government is modernizations is needed to put schools in pact entered into pursuant to this section. doing far too little to help. the United States into good overall condi- (b) REPAYMENTS.—Each infrastructure That is why I am introducing the In- tion. bank established under subsection (a) shall vesting for Tomorrow’s Schools Act of (3) Approximately 14,000,000 American stu- apply repayments of principal and interest dents attend schools that report the need for on loans funded by the grant received under 2002. I am pleased to have Senators extensive repair or replacement of 1 or more subsection (a) to the making of additional CLINTON, CARNAHAN, and FEINSTEIN join buildings. loans. with me as co-sponsors. (4) Academic research has proven that (c) INFRASTRUCTURE BANK REQUIREMENTS.— This legislation allows States to cre- there is a direct correlation between the con- A State establishing an infrastructure bank ate ‘‘infrastructure banks’’ for public dition of school facilities and student under this section shall— schools and libraries. Modeled after achievement. At Georgetown University, re- (1) contribute in each account of the bank State revolving funds, which have been searchers found that students assigned to from non-Federal sources an amount equal to not less than 25 percent of the amount of used successfully to finance transpor- schools in poor conditions can be expected to fall 10.9 percentage points behind those in each capitalization grant made to the bank tation projects, these banks would buildings in excellent condition. Similar under subsection (a); offer low-interest loans to school dis- studies have demonstrated improvement of (2) identify an operating entity of the tricts for building or repairing public up to 20 percent in test scores when students State as recipient of the grant if the entity schools, and to public libraries for were moved from a poor facility to a new fa- has the capacity to manage loan funds and building or repairing libraries. As the cility. issue debt instruments of the State for pur- loans are repaid, the bank funds would (5) The Director of Education and Employ- poses of leveraging the funds; be replenished, and the banks could ment Issues at the Government Accounting (3) allow such funds to be used as reserve Office testified that nearly 52 percent of for debt issued by the State, so long as pro- make new loans to other schools and li- schools, affecting 21,300,000 students, re- ceeds are deposited in the fund for loan pur- braries. Once the banks got rolling, ported insufficient technology elements for 6 poses; they would sustain themselves, with- or more areas. (4) ensure that investment income gen- out any need for ongoing Federal ap- (6) Large numbers of local educational erated by funds contributed to an account of propriations. agencies have difficulties securing financing the bank will be— After more than a decade of fighting for school facility improvement. (A) credited to the account; to rebuild our Nation’s deteriorating (7) The challenges facing our Nation’s pub- (B) available for use in providing loans to schools, I am well aware that this bill lic elementary schools and secondary schools projects eligible for assistance from the ac- and libraries require the concerted efforts of count; and is just one part of the solution. Two all levels of government and all sectors of (C) invested in United States Treasury se- years ago, as the ranking member on the community. curities, bank deposits, or such other financ- the Senate Labor, HHS, and Education (8) The United States competitive position ing instruments as the Secretary may ap- Appropriations Subcommittee, I led within the world economy is vulnerable if prove to earn interest to enhance the the effort to provide $1.2 billion in America’s future workforce continues to be leveraging of projects assisted by the bank; grants to schools that urgently need educated in schools and libraries not (5) ensure that any loan from the bank will repairs. Last year, the Senate approved equipped for the 21st century. bear interest at or below the lowest interest another $925 million on a bipartisan (9) The deplorable state of collections in rates being offered for bonds, the income America’s public school libraries has in- from which is exempt from Federal taxation, vote, but unfortunately that funding creased the demands on public libraries. In as determined by the State, to make the was eliminated during conference nego- many instances, public libraries substitute project that is the subject of the loan fea- tiations with the House. for school libraries, creating a higher de- sible; I also introduced the America’s Bet- mand for material and physical space to (6) ensure that repayment of any loan from ter Classrooms Act, which would pro- house literature and educational computer the bank will commence not later than 1 vide tax credits to subsidize $25 billion equipment. year after the project has been completed; in new construction. That legislation is (10) Research shows that 50 percent of a (7) ensure that the term for repaying any still pending, and I am hopeful that it child’s intellectual development takes place loan will not exceed 30 years after the date of will succeed. The Investing for Tomor- before age 4. The Nation’s public and school the first payment on the loan under para- libraries play a critical role in a child’s early graph (6); and row ’s School Act is the final piece of development because the libraries provide a (8) require the bank to make an annual re- the puzzle. wealth of books and other resources that can port to the Secretary on its status, and make If the nicest buildings our kids see in give every child a head start on life and such other reports as the Secretary may re- their hometowns are shopping malls, learning. quire by guidelines. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2955

(d) FORMS OF ASSISTANCE FROM INFRA- or local law, if such requirements were not (3) PUBLIC LIBRARY.—The term ‘‘public STRUCTURE BANKS.— in effect when the facility was initially con- library’’— (1) IN GENERAL.—An infrastructure bank structed; and (A) means a library that serves free of established under this section may make a (ii) hazardous waste disposal, treatment, charge all residents of a community, dis- loan to a local educational agency or a pub- and storage requirements mandated by the trict, or region, and receives its financial lic library in an amount equal to all or part Solid Waste Disposal Act (42 U.S.C. 6901 et support in whole or in part from public of the cost of carrying out a project eligible seq.) or similar State laws; funds; and for assistance under subsection (e). (H) work that will enable efficient use of (B) includes a research library, which, for (2) APPLICATIONS FOR LOANS.— available energy resources; purposes of this subparagraph, means a li- (A) IN GENERAL.—A local educational agen- (I) work to detect, remove, or otherwise brary that— cy or public library desiring a loan under contain asbestos hazards in educational fa- (i) makes its services available to the pub- this Act shall submit to an infrastructure cilities; or lic free of charge; bank an application that includes— (J) work to construct new public library (ii) has extensive collections of books, (i) in the case of a renovation project— facilities or repair or upgrade existing public manuscripts, and other materials suitable (I) a description of each architectural, library facilities. for scholarly research which are not avail- civil, structural, mechanical, or electrical (2) DAVIS-BACON.—The wage requirements able to the public through public libraries; deficiency to be corrected with loan funds of the Act of March 3, 1931 (referred to as the (iii) engages in the dissemination of hu- and the priorities to be applied; and ‘‘Davis-Bacon Act’’ (40 U.S.C. 276a et seq.)) manistic knowledge through services to (II) a description of the criteria used by the shall apply with respect to individuals em- readers, fellowships, educational and cul- applicant to determine the type of corrective ployed on the projects described in para- tural programs, publication of significant re- action necessary for the renovation of a fa- graph (1). search, and other activities; and cility; (f) SUPPLEMENTATION.—Any loan made by (iv) is not an integral part of an institution (ii) a description of any improvements to an infrastructure bank shall be used to sup- of higher education; and be made and a cost estimate for the improve- plement and not supplant other Federal, (4) STATE.—The term ‘‘State’’ means each ments; State, and local funds available to carry out of the 50 States, the District of Columbia, (iii) a description of how work undertaken school or library construction, renovation, the Commonwealth of Puerto Rico, and each with the loan will promote energy conserva- or repair. of the outlying areas. tion; and (g) LIMITATION ON REPAYMENTS.—Notwith- (iv) such other information as the infra- standing any other provision of law, the re- By Mr. BENNETT: structure bank may require. payment of a loan from an infrastructure S. 2196. A bill to establish the Na- (B) TIMING.—An infrastructure bank shall bank under this section may not be credited tional Mormon Pioneer Heritage Area take final action on a completed application toward the non-Federal share of the cost of in the State of Utah, and for other pur- submitted to it in accordance with this sub- any project. section not later than 90 days after the date poses; to the Committee on Energy and (h) SECRETARIAL REQUIREMENTS.—In ad- Natural Resources. of the submission of the application. ministering this section, the Secretary shall (3) CRITERIA FOR LOANS.—In considering an Mr. BENNETT. Madam President, specify procedures and guidelines for estab- application for a loan, an infrastructure today it gives me great pleasure to in- lishing, operating, and providing assistance bank shall consider— from an infrastructure bank. troduce for the Senate’s consideration (A) the extent to which the local edu- (i) UNITED STATES NOT OBLIGATED.—The legislation establishing the National cational agency or public library desiring a contribution of Federal funds into an infra- Mormon Pioneer Heritage Area. loan would otherwise lack the fiscal capac- structure bank established under this sec- Spanning 250 miles, from the small ity, including the ability to raise funds tion shall not be construed as a commit- town of Fairview, UT southward to our through the full use of such bonding capacity ment, guarantee, or obligation on the part of of the agency or library, to undertake the border with Arizona, the area encom- the United States to any third party, nor project proposed in the application; passed by the National Mormon Pio- (B) in the case of a local educational agen- shall any third party have any right against neer Heritage Area includes out- cy, the threat that the condition of the phys- the United States for payment solely by vir- standing examples of historical, cul- ical plant in the proposed project poses to tue of the contribution. Any security or debt tural, and natural resources shaped by the safety and well-being of students; financing instrument issued by the infra- the Mormon pioneers. The story of the structure bank shall expressly state that the (C) the demonstrated need for the con- Mormon pioneers is one of the most struction, reconstruction, or renovation security or instrument does not constitute a commitment, guarantee, or obligation of the compelling and captivating in our Na- based on the condition of the facility in the tion’s history. After traveling 1,400 proposed project; and United States. (D) the age of the facility proposed to be (j) MANAGEMENT OF FEDERAL FUNDS.—Sec- miles from Illinois either by wagon or reconstructed, renovated, or replaced. tions 3335 and 6503 of title 31, United States by pulling a handcart the pioneers (e) QUALIFYING PROJECTS.— Code, shall not apply to funds contributed came to the Great Salt Lake Valley. (1) IN GENERAL.—A project is eligible for a under this section. Along the way, the pioneers experi- loan from an infrastructure bank if it is a (k) PROGRAM ADMINISTRATION.—A State enced many hardships including star- project that consists of— may expend an amount not to exceed 2 per- vation, dehydration, exposure to the (A) the construction of a new elementary cent of the grant funds contributed to an in- elements, Indian attacks, and religious school or secondary school to meet the needs frastructure bank established by a State or States under this section to pay the reason- persecution to name a few. Many peo- imposed by enrollment growth; ple died during their journey. Shortly (B) the repair or upgrading of classrooms able costs of administering the infrastruc- or structures related to academic learning, ture bank. after arriving in and establishing Salt including the repair of leaking roofs, crum- (l) SECRETARIAL REVIEW AND REPORT.—The Lake City, Brigham Young dispatched bling walls, inadequate plumbing, poor ven- Secretary shall— pioneers to establish communities in tilation equipment, and inadequate heating (1) review the financial condition of each present day Idaho, Wyoming, Oregon, or lighting equipment; infrastructure bank established under this and other regions of Utah. The vast (C) an activity to increase physical safety section; and colonization effort in no way ended the at the educational facility involved; (2) transmit to Congress a report on the re- hardship experienced by the pioneers. (D) an activity to enhance the educational sults of such review not later than 90 days after the completion of the review. Throughout the area included in my facility involved to provide access for stu- proposal are numerous stories of pio- SEC. 4. DEFINITIONS. dents, teachers, and other individuals with neers who perserved through chal- disabilities; In this Act: (E) an activity to address environmental (1) ELEMENTARY SCHOOL, FREE PUBLIC EDU- lenging circumstances. Communities hazards at the educational facility involved, CATION, LOCAL EDUCATIONAL AGENCY, AND SEC- such as Panguitch have Quilt Days such as poor ventilation, indoor air quality, ONDARY SCHOOL.—The terms ‘‘elementary every year to commemorate the sac- or lighting; school’’, ‘‘free public education’’, ‘‘local edu- rifice and fortitude of its pioneers (F) the provision of basic infrastructure cational agency’’, and ‘‘secondary school’’ whose efforts saved the community that facilitates educational technology, such have the same meanings as in section 14101 from starvation in 1864. The Quilt Days as communications outlets, electrical sys- of the Elementary and Secondary Education celebration is a remembrance of an tems, power outlets, or a communication Act of 1965 (20 U.S.C. 8801); event known as the Quilt Walk, in closet; (2) OUTLYING AREA.—The term ‘‘outlying (G) work that will bring an educational fa- area’’ means the Virgin Islands, Guam, which a group of men from Panguitch cility into conformity with the requirements American Samoa, the Commonwealth of the attempted to cross over the mountains of— Northern Mariana Islands, the Republic of to Parowan, a community to the west, (i) environmental protection or health and the Marshall Islands, the Federated States of to procure food during the commu- safety programs mandated by Federal, State, Micronesia, and the Republic of Palau; nity’s first winter. Because of deep S2956 CONGRESSIONAL RECORD — SENATE April 18, 2002 snows the pioneers were unable to trek eral bureaucracy is allowed to run hor- Mr. CRAIG. Madam President, I rise across the mountains. Using their ribly amok. today to introduce the Long-Term Care quilts, the pioneers formed a path In 1973, imports of Japanese roller Insurance Partnership Act. which would support their weight and chain, not bicycle chain, potentially In the early 1990’s, with support from were able to reach Parowan, secure became subject to dumping duties, and a grant by the Robert Wood Johnson food, and return to Panguitch. There in 1980, Congress instructed the Inter- Foundation, four States, California, are other remarkable stories in the national Trade Administration, ITA, to Connecticut, Indiana and New York, proposed heritage area that dem- conduct complete annual administra- initiated programs to create public-pri- onstrate the tenacity of the Mormon tive reviews of outstanding dumping vate long-term care partnerships to pioneers. At times in order to survive, findings to determine whether any provide citizens with options for long- the pioneers had to overcome major dumping duties should be assessed. But term care coverage without having to natural obstacles. One such obstacle ITA failed to complete its reviews on a spend down to Medicaid eligibility. was the Hole-in-the-Rock. In 1880 a timely basis. In fact, for my small Or- However, current law prohibits addi- group of 250 people, 80 wagons, and 1,000 egon importer, GS, the ITA wasn’t just tional States from including asset pro- head of cattle came upon the Colorado a day or two late in reporting the find- tection in any public-private partner- River Gorge. After looking for some- ings of its review of the company’s Jap- ships they may develop. Other States time to find an acceptable path to the anese supplier for shipments imported may set up the policies, but the bene- river, the pioneers found a narrow crev- from April 1, 1981 through March 31, ficiaries receive no asset protection in ice leading to the bottom of the gorge. 1982, they were nine-and-a-half years the event they exhaust the long-term Because the crevice was too narrow to late. When ITA finally got around to care insurance policies. They would be accommodate their wagons, the pio- issuing a notice regarding its adminis- forced to spend down to Medicaid lev- neers spent six weeks enlarging the trative review on September 22, 1992, a els, thereby removing the key incen- crevice by hand, using hammers, court challenge was initiated by the tive behind the partnership program— chisels, and blasting powder, so wagons Japanese supplier and a court decision asset protection. could pass. Today the Hole-in-the-Rock was rendered on July 11, 1995. Not sur- Under the partnership program, stands as a monument to the resource- prisingly, ITA failed to publish notice States authorize the sale of approved fulness of the Mormon pioneers. of the court’s decision in the Federal long-term care insurance policies that The National Mormon Pioneer Herit- Register within ten days, as required meet certain benefit requirements. In- age Area will serve as special recogni- by law. That was in 1995. The year is dividuals who purchase approved poli- tion to the people and places that have now 2002, and ITA still has not pub- cies, would receive a guarantee from contributed greatly to our Nation’s de- lished that notice. And as if all of this the State that should their policy ben- velopment. Throughout the heritage ineptitude were not enough, ITA then efits be exhausted, the State would area are wonderful examples of archi- failed to instruct Customs to begin as- then cover the cost of their continuing tecture, such as the community of sessing dumping duties on and to liq- care through Medicaid. The primary in- Spring City, heritage products, and uidate GS Associates’ shipments until centive for purchasing partnership cultural events, such as the Mormon the Spring of 2000. When Customs fi- policies is asset protection. Miracle Pageant, that demonstrate the nally began assessing duties, they way-of-life of the pioneers. added on enormous amounts of inter- In other words, the State Medicaid This designation will allow for the est, dating back almost 20 years, in program would become a payer of last conservation of historical and cultural sums that were two to three times resort rather than providing first-dol- resources, the establishment of inter- greater than the original dumping duty lar coverage, in effect becoming a long- pretive exhibits, will increase public assessments. This outrageous pattern term care ‘‘stop-loss’’ program. awareness, and specifically allows for of conduct by the federal government The benefits of the program are sig- the preservation of historic buildings. threatens GS with bankruptcy. nificant for both seniors and govern- This is a locally based, locally sup- The level of ineptitude displayed in ment: Individuals are encouraged to ported undertaking. My legislation has this case by bureaucrats at ITA and the take responsibility for their own long- broad support from Sanpete, Sevier, Customs Service is egregious bordering term care needs rather than relying on Piute, Garfield, and Kane Counties. on negligence. Legitimate small busi- a State benefit. It avoids forcing mid- Furthermore, nothing in my legisla- nesses in this country should have the dle-class individuals to spend down to tion affects private property, land use expectation they will be treated fairly Medicaid levels, but gives these same planning, or zoning. and forthrightly by their federal gov- individuals the knowledge that the I am very proud to introduce this leg- ernment. ITA and the Customs Service government will be there if they need islation today. I look forward to work- deserve a very strong rebuke. GS Asso- it. This program has been successful in ing with my colleagues in the Com- ciates deserves to have its case re- the goal of keeping people from need- mittee on Energy and Natural Re- solved quickly and fairly, and that is ing to use Medicaid. Under this pro- sources to pass this legislation this the point of my legislation. It will liq- gram in four States, there are nearly year. uidate once and for all the $1.7 million 66,000 policies in force and so far only in duties and interest that have accu- 28 policyholders have exhausted their By Mr. WYDEN. mulated over the past 20 years on these long-term care insurance benefits and S. 2197. A bill to provide for the liq- imports because of federal government accessed Medicaid assistance. At a cost uidation or reliquidation of certain en- negligence. averaging $50,000 per year for long-term tries of roller chain; to the Committee I intend to work with the Finance care services, the savings for State on Finance. Committee to assure that this measure Medicaid budgets can be significant. Mr. WYDEN. Madam President, is included in the legislation the com- I ask unanimous consent that the today I am introducing legislation mittee is preparing on temporary duty text of the bill be printed in the whose purpose is to correct a gross in- suspensions, and hope that the duty RECORD. justice that has been carried out for suspension bill will enable this Oregon There being no objection, the bill was more than two decades by bureaucrats company to be able to put this terrible ordered to be printed in the RECORD, as at the International Trade Administra- experience behind it. follows: tion, ITA, and the U.S. Customs Serv- ice, Customs, against a small Oregon By Mr. CRAIG: S. 2199 business, GS Associates, Inc., GS. What S. 2199. A bill to amend title XIX of Be it enacted by the Senate and House of Rep- has been allowed to happen to this the Social Security Act to permit addi- resentatives of the United States of America in company at the hands of the federal tional States to enter into long-term Congress assembled, government is a shocking and ulti- care partnerships under the Medicaid SECTION 1. SHORT TITLE. mately disturbing example of what can Program in order to promote the use of This Act may be cited as the ‘‘Long-Term happen to ordinary, hardworking long-term care insurance; to the Com- Care Insurance Partnership Program Act of Americans when an overzealous Fed- mittee on Finance. 2002’’. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2957 SEC. 2. PERMITTING ADDITIONAL STATES TO the millions of Americans in the con- use of their personal information while ENTER INTO LONG-TERM CARE gregations that they serve. fueling the growth of e-commerce as PARTNERSHIPS TO PROMOTE USE OF LONG-TERM CARE INSURANCE. The House has passed similar legisla- consumer confidence in the Internet (a) IN GENERAL.—Section 1917(b)(1)(C) of tion by a vote of 408 to 0. Senator spurs a significant increase in online the Social Security Act (42 U.S.C. GRASSLEY and I will try to expedite activity. 1396p(b)(1)(C)) is amended— passage of the legislation here in the Some have argued that Americans’ (1) in clause (i), by striking ‘‘shall seek ad- Senate. concerns about privacy no loner exist justment’’ and inserting ‘‘may seek adjust- It is good tax policy to keep a reason- in the aftermath of September 11. But ment’’; and able limit on the amount of this deduc- poll after poll consistently dem- (2) in clause (ii), by striking ‘‘had a State tion, as the IRS has done for decades. plan amendment approved as of May 14, 1993, onstrates that the American people which provided’’ and inserting ‘‘has a State And it is good policy to make our in- want companies they patronize to seek plan amendment approved which provides’’. tent crystal clear so that government their permission prior to using their (b) EFFECTIVE DATE.—The amendments involvement with religious affairs is personal information for commercial made by subsection (a) take effect on the kept to a minimum. This bill will do profit. These concerns are heightened date of the enactment of this Act. both. with respect to the Internet, which, in a digital age, enables the seamless By Mr. BAUCUS (for himself and By Mr. HOLLINGS (for himself, compilation of highly detailed personal Mr. GRASSLEY): Mr. STEVENS, Mr. BURNS, Mr. profiles of Internet users. Accordingly, S. 2200. A bill to amend the Internal INOUYE, Mr. ROCKEFELLER, Mr. fears about privacy have had palpable Revenue Code of 1986 to clarify that the KERRY, Mr. BREAUX, Mr. effects on the willingness of consumers parsonage allowance exclusion is lim- CLELAND, Mr. NELSON of Flor- to embrace the full potential of the ited to the fair rental value of the ida, and Mrs. CARNAHAN): Internet and e-commerce. property; to the Committee on Fi- S. 2201. A bill to protect the online Distrust of false privacy promises has nance. privacy of individuals who use the sparked a rage of online self-defense, Mr. BAUCUS. Madam President, Internet; to the Committee on Com- especially the providing of false infor- today I introduce legislation, along merce, Science, and Transportation. mation by individuals. Industry ana- with Senator GRASSLEY, to clarify the Mr. HOLLINGS. Madam President, lysts estimate that between one-fifth tax treatment of the clergy housing al- today I rise to introduce bipartisan leg- to one-third of all individuals provide lowance. It is a very simple bill that islation that will establish baseline re- false personal information on the confirms established Internal Revenue quirements for the protection of per- Internet. This response is understand- Service policy that has lacked the sonal information collected from indi- able given that consumers have few force of law. Without this clarification, viduals over the Internet. This bill, the tools to discover whether their per- we risk losing a long-standing benefit Online Personal Privacy Act, rep- sonal information is being disclosed. that is terribly important to hundreds resents the work of many months and sold, or otherwise misused, and they of thousands of ministers, priests, rab- important input from consumer have virtually no recourse. bis and other clergy all across Amer- groups, affected individuals, and most Privacy fears are stifling the devel- ica. importantly, many Senators on the opment and expansion of the Internet Since 1921, the Tax Code has allowed Commerce Committee. The origin of as an engine of economic growth. Be- clergy to exclude from their taxable in- this emerging consensus position began cause of consumer distrust, online come the value of housing provided to to take shape at a Commerce com- companies and services are losing po- them, and since the 1950’s they have mittee hearing last summer that fo- tential business and collecting bad also been able to exclude a housing al- cused generally on whether there was a data, blocking the Internet and its lowance provided for the same purpose. need for online privacy legislation. At wide range of services from reaching This section of the Code is similar to that time, members of the committee its full potential. The lack of enforce- one for employer-provided housing for began to articulate the notion that not able privacy protections is a signifi- other taxpayers. The one for clergy is all personal information is created cant barrier to the full embrace by con- much simpler, in order to minimize the equal. I agree. Some, highly sensitive sumers of the Internet marketplace. involvement of the Government in the personal information, such as personal According to a recent Harris/Business affairs of churches, that is, to keep the financial or medical information or a Week poll, almost two-thirds of non- separation between Church and State. person’s religious beliefs are clearly Internet users would be more likely to The IRS has always interpreted this more sensitive than other garden-vari- use the Net if the privacy of their ‘‘per- exclusion to be limited to the fair mar- ety types of information, such as a pair sonal information and communications ket rental value of the housing. They of slacks that an individual may pur- were protected.’’ clearly stated that position in 1971, but chase. Since that hearing, and in nu- Moreover, according to a recent their statement lacked the force of merous meetings with members of the Forrester study, online businesses lost law. Their position has been challenged Committee, we have worked hard to de- nearly $15 billion, or 27 percent of e- in Court, and the Court has said that it velop a balanced approach to Internet commerce revenues, due to consumer was not clear that Congress meant to privacy regulation that recognizes and privacy concerns. Those numbers are impose this limit. That is why we must builds upon best practices in the online significant in light of the economic act. community while establishing a federal downturn and its disproportionate im- The vast majority of clergy across baseline standard for the protection of pact on the high-tech Internet sectors. America work very hard for very mod- individuals’ privacy on the Internet. Good privacy means good business and est pay. Especially in rural areas like Let me begin by expressing my grati- the Internet economy could use a we have in Montana, many congrega- tude to Senators ROCKEFELLER, INOUYE, healthy dose of that right now. tions are small, pay is low, and min- BREAUX, and CLELAND, who worked Accordingly, our legislation offers a isters are very dependent upon their closely with me during the last Con- win-win proposition for consumers and churches providing or paying for their gress to advocate the need for strong business: it will protect the privacy of housing. A dispute over this issue has online privacy protections and who individuals online and provide online led to a controversial attempt by a have agreed to be original cosponsors businesses with a new market of will- panel of court of appeals judges to call of this legislation. In addition, I would ing customers. While protecting the into question the constitutionality of also like to particularly thank Sen- necessary business certainty of a single the exclusion. If the exclusion is lost, ators KERRY, STEVENS, and BURNS for Federal standard. it will cost America’s clergy $500 mil- their invaluable contributions through- Online companies have long argued lion each year. That may seem like a out this process and their willingness that privacy regulations would hamper small amount of money compared to to join with us in working to craft a their ability to efficiently conduct many of our tax bills that add up to workable, bipartisan, consensus posi- business on-line and give consumers billions, but it is a lot of money to tion on legislation that will provide in- the tailored buying experience they those who are directly affected, and to dividuals with better controls over the now expect from the Internet. Online S2958 CONGRESSIONAL RECORD — SENATE April 18, 2002 merchants also touted self-regulation privacy: 1. Notice, 2. Consent, 3. Ac- lowing on the webpage where individ- as sufficient privacy protection. We cess, 4. Security and 5. Enforcement. uals register their personal informa- know otherwise. Those principles are tried and true and tion: ‘‘As our customer, you will occa- Privacy violations continue to make formed the framework for the bipar- sionally receive email from headlines: a major outcry erupted last tisan Children’s Online Privacy Protec- shopnbc.com about new services, fea- year after Eli Lilly disclosed a list of tion Act of 1998. Which was hailed by tures, and special offers we believe hundreds of customers suffering from industry far and wide as a template for would interest you. If you’d rather not depression, bulimia, and obsessive com- protecting children’s personal informa- receive these updates, please uncheck pulsive disorder over the Internet. tion that is collected on the Internet. this box.’’ It’s as simple as that. And it Moreover, just last week, a New York The bill we introduce today takes a provides the individual the ability to Times article, ‘‘Seeking Profits, Inter- singular approach. It divides online make an informed choice at the crit- net Companies Alter Privacy Policy,’’ personal information into two cat- ical point at which he or she is pro- recounted how Internet companies egories: sensitive information and non- viding a company with personally iden- such as Yahoo had changed their pri- sensitive information. Sensitive infor- tifiable information. vacy policies in order to require con- mation is narrowly tailored to include Next, our legislation requires compa- sumers to restate their privacy pref- actual information about specific fi- nies to provide individuals with the erences even if they had previously nancial data, health information, eth- ability to find out what personal infor- withheld consent for the use and com- nicity, religious affiliation, sexual ori- mation a web site has collected about mercialization of their personal infor- entation, and political affiliation, or them. While important, this right of mation. Accordingly, these companies someone’s social security number. Non- reasonable access is not unqualified. expanded their ability to use an indi- sensitive information is all other per- Rather, it considers a variety of factors vidual’s personal information for on- sonally identifiable information col- including the sensitivity of the infor- line and offline marketing purposes lected online. mation sought by the consumer and notwithstanding that individual’s prior In this respect, the legislation is also the burden and expense on the provider policy preferences. Still other busi- similar to the two-tiered approach in giving consumers access to their nesses confound consumers with taken by the European Union in which personal information. In addition, the opaque privacy policies that begin companies are required to provide bill would permit online companies to with, ‘‘Your privacy is important to baseline protections governing the use charge individuals a reasonable fee to us,’’ but in the subsequent legalese, of nonsensitive information, and access their personal data, as is simi- outline a series of exceptions crafted stronger consent protections governing larly provided under the Fair Credit with double-negative verbs that allow the use of sensitive data. More than 180 Reporting Act. virtually any use of a consumer’s infor- American companies, including Sta- In addition, our bill requires that mation. Still other commercial web ples, Marriott, Microsoft, Intel, Hew- web sites adopt reasonable security sites fail to pass any privacy policy at lett Packard, DoubleClick Kodak, and procedures to protect the security, con- all, safe in the knowledge that they Acxiom, doing business in Europe have fidentiality, and integrity of personally face virtually no legal jeopardy for agreed to provide such protections with identifiable information, just as Con- selling personal information. respect to the personal data of Euro- gress required in the Children’s privacy To be fair, some companies have pean citizens. They have signed up for legislation. taken consumer privacy seriously. the EU Safe Harbor and their names Moreover, the bill grants consumers Earthink launched a national tele- are listed on the Department of Com- important rights of redress. First, the vision advertising campaign touting its merce’s web site. Our bill simply asks Federal Trade Commission and state policy of not selling customer informa- these and other companies to provide attorneys general are empowered to tion. U-Haul’s web site simply says: similar protections for U.S. citizens. take action. If the FTC collects civil ‘‘We will never sell or share our infor- First, with respect to notice and con- penalties, the bill creates a mechanism mation with anyone, or send you junk sent, the bill would require web sites whereby those injured can petition to mail, we hate that stuff, too.’’ Compa- and online services to post clear and receive up to $200 of the award. For nies like Hewlett Packard, Intel, and conspicuous notice of its information more serious violations involving sen- Microsoft, giants of the high tech in- practices. In other words, plainly state sitive information, the bill would addi- dustry, already provide individuals opt- to individuals what you plan to do with tionally permit individuals on their in protection with respect to their per- their personal information. To the ex- own to pursue redress for damages in sonal information. But, in the final tent that a web site collects sensitive federal court. analysis, despite the best of intentions information, it would also be required Finally, in addition to following and some successful efforts, reliance on to obtain a consumer’s affirmative con- these fair information principles, the self-regulation alone has not proven to sent, so-called ‘‘opt-in’’ consent, prior legislation also takes the critical step provide sufficient protection. In its to the collection of such data. To the of establishing a uniform federal stand- May 2000 Report to Congress, the Fed- extent that a web site collects only ard for online privacy protection by eral Trade Commission clearly recog- non-sensitive personal data, it would preempting State Internet laws. Incon- nized this shortcoming having studied be able to collect such data for other sistent state regulation of privacy is this issue diligently for 5 years: ‘‘Be- uses as long as it provides individuals already causing problems for online cause self-regulatory initiatives to with an ability to ‘‘opt out’’ of such businesses. Vermont has adopted ‘‘opt- date fall short of broad-based imple- uses and provides the consumer with in laws’’ governing financial and med- mentation of effective self-regulatory actual notice at the point of collection, ical privacy. In Minnesota, the state programs, the Commission has con- so-called ‘‘robust notice’’, which briefly Senate has adopted ‘‘opt-in’’ online pri- cluded that such efforts alone cannot and succinctly describes how the infor- vacy legislation by a vote of 96–0. In ensure that the online marketplace as mation may be used or disclosed. California, state privacy legislation is a whole will emulate the standards Many Internet companies are doing again moving through the state legisla- adopted by industry leaders. The Com- this already. For example, on the same ture, offering the very real possibility mission recommends that Congress page where an individual provides his that online businesses will sooner rath- enact legislation that, in conjunction or her personal information, the web er than later face the prospect of try- with continuing self-regulatory pro- site for 1–800 Flowers states: ‘‘You will ing to bring their online operation into grams, will ensure adequate protection be receiving promotional offers and compliance with inconsistent state of consumer privacy online.’’ materials from our sites and companies laws. Our legislation aims to do just that. we own. Please check the box below if Because new technologies make pri- Fundamentally, our legislation is you do not want to receive such mate- vacy protection a constantly evolving built upon the five core principles of rials in the future and do not wish us issue, the bill requires the FTC not privacy protection identified by the to provide personal information col- only to implement the requirements of Federal Trade Commission in its 1995 lected from you to third parties.’’ the law, but further, to issue periodic report to Congress regarding online Similarly, NBC’s website says the fol- reports about how the law is working; April 18, 2002 CONGRESSIONAL RECORD — SENATE S2959 whether similar privacy protections Title IV—Miscellaneous so that individuals have confidence that should apply offline or to pre-existing Sec. 401. Definitions. their personal privacy is fully protected on data; whether standardized online pri- Sec. 402. Effective date. the Internet. vacy notices should be developed; if a Sec. 403. FTC rulemaking. (16) The social and economic costs of estab- Sec. 404. FTC report. lishing baseline privacy standards now will meaningful safe harbor should be con- Sec. 405. Development of automated privacy be lower than if Congress waits until the structed; and whether privacy protec- controls. Internet becomes more prevalent in our ev- tion technologies in the marketplace SEC. 3. FINDINGS. eryday lives in coming years. such as P3P can help facilitate the ad- The Congress finds the following: (17) Whatever costs may be borne by indus- ministration of the Act. (1) The right to privacy is a personal and try will be significantly offset by the eco- Consumer participation in cyber- fundamental right worthy of protection nomic benefits to the commercial Internet space should not be conditioned on a through appropriate legislation. created by increased consumer confidence willingness to relinquish control over (2) Individuals engaging in and interacting occasioned by greater privacy protection. with companies engaged in interstate com- (18) Toward the close of the 20th Century, one’s personal information. Rather, for as individuals’ personal information was in- the medium to truly flourish, we must merce have a significant interest in their personal information, as well as a right to creasingly collected, profiled, and shared for establish baseline consumer protec- control how that information is collected, commercial purposes, and as technology ad- tions that will eliminate the tyranny used, or transferred. vanced to facilitate these practices, the Con- of convenience in which consumers are (3) Absent the recognition of these rights gress enacted numerous statutes to protect forced to choose between disclosing and the establishment of consequent indus- privacy. private, personal information, or not try responsibilities to safeguard those rights, (19) Those statutes apply to the govern- using the Internet at all. Congress has the privacy of individuals who use the Inter- ment, telephones, cable television, e-mail, net will soon be more gravely threatened. video tape rentals, and the Internet (but a moral obligation to protect American only with respect to children). individual liberties, including the right (4) To extent that States regulate, their ef- forts to address Internet privacy will lead to (20) Those statutes all provide significant to better control the commercializa- a patchwork of inconsistent standards and privacy protections, but neither limit tech- tion of one’s own personal, private in- protections. nology nor stifle business. formation. (5) Existing State, local, and Federal laws (21) Those statutes ensure that the collec- This bill is an important first step. provide minimal privacy protection for tion and commercialization of individuals’ The privacy protections in this legisla- Internet users. personal information is fair, transparent, tion will instill more confidence in peo- (6) With the exception of Federal Trade and subject to law. ple to use the Internet and create a Commission enforcement of laws against un- SEC. 4. PREEMPTION OF STATE LAW OR REGULA- fair and deceptive practices, the Federal TIONS. consistent legal framework for online This Act supersedes any State statute, reg- businesses. It will provide better online Government thus far has eschewed general Internet privacy laws in favor of industry ulation, or rule regulating Internet privacy privacy protections for consumers, bet- self-regulation, which has led to several self- to the extent that it relates to the collec- ter commercial opportunities for busi- policing schemes, none of which are enforce- tion, use, or disclosure of personally identifi- nesses who respond to consumer pri- able in any meaningful way or provide suffi- able information obtained through the Inter- net. vacy concerns, and a better future for cient privacy protection to individuals. Americans who will embrace the Inter- (7) State governments have been reluctant TITLE I—ONLINE PRIVACY PROTECTION net rather than fear it. to enter the field of Internet privacy regula- SEC. 101. COLLECTION, USE, OR DISCLOSURE OF tion because use of the Internet often crosses PERSONALLY IDENTIFIABLE INFOR- Madam President, I ask unanimous MATION. consent that the text of the bill be State, or even national, boundaries. (8) States are nonetheless interested in (a) IN GENERAL.—An internet service pro- printed in the RECORD. providing greater privacy protection to their vider, online service provider, or operator of There being no objection, the bill was citizens as evidenced by recent lawsuits a commercial website on the Internet may not collect personally identifiable informa- ordered to be printed in the RECORD, as brought against offline and online companies tion from a user, or use or disclose person- follows: by State attorneys general to protect the ally identifiable information about a user, of privacy of individuals using the Internet. S. 2201 that service or website except in accordance (9) The ease of gathering and compiling Be it enacted by the Senate and House of Rep- with the provisions of this Act. resentatives of the United States of America in personal information on the Internet, both (b) APPLICATION TO CERTAIN THIRD-PARTY Congress assembled, overtly and surreptitiously, is becoming in- OPERATORS.—The provisions of this Act ap- SECTION 1. SHORT TITLE. creasingly efficient and effortless due to ad- plicable to internet service providers, online This Act may be cited as the ‘‘Online Per- vances in digital communications tech- service providers, and commercial website sonal Privacy Act’’. nology which have provided information operators apply to any third party, including gatherers the ability to compile seamlessly SEC. 2. TABLE OF CONTENTS. an advertising network, that uses an inter- highly detailed personal histories of Internet The table of contents of this Act is as fol- net service provider, online service provider, users. lows: or commercial website operator to collect in- (10) Personal information flowing over the formation about users of that service or Sec. 1. Short title. Internet requires greater privacy protection website. Sec. 2. Table of contents. than is currently available today. Vast Sec. 3. Findings. SEC. 102. NOTICE AND CONSENT REQUIREMENTS. amounts of personal information, including Sec. 4. Preemption of State law or regula- (a) NOTICE.—Except as provided in section sensitive information, about individual tions. 104, an internet service provider, online serv- Internet users are collected on the Internet Title I—Online Privacy Protection ice provider, or operator of a commercial and sold or otherwise transferred to third website may not collect personally identifi- Sec. 101. Collection, use, or disclosure of parties. able information from a user of that service personally identifiable informa- (11) Poll after poll consistently dem- or website online unless that provider or op- tion. onstrates that individual Internet users are erator provides clear and conspicuous notice Sec. 102. Notice and consent requirements. highly troubled over their lack of control to the user in the manner required by this Sec. 103. Policy changes; privacy breach. over their personal information. section for the kind of personally identifi- Sec. 104. Exceptions. (12) Market research demonstrates that able information to be collected. The notice Sec. 105. Access. tens of billions of dollars in e-commerce are Sec. 106. Security. shall disclose— lost due to individual fears about a lack of (1) the specific types of information that Title II—Enforcement privacy protection on the Internet. will be collected; Sec. 201. Enforcement by Federal Trade (13) Market research demonstrates that as (2) the methods of collecting and using the Commission. many as one-third of all Internet users give information collected; and Sec. 202. Violation is unfair or deceptive act false information about themselves to pro- (3) all disclosure practices of that provider or practice. tect their privacy, due to fears about a lack or operator for personally identifiable infor- Sec. 203. Private right of action. of privacy protection on the Internet. mation so collected, including whether it Sec. 204. Actions by States. (14) Notwithstanding these concerns, the will be disclosed to third parties. Sec. 205. Whistleblower protection. Internet is becoming a major part of the per- (b) SENSITIVE PERSONALLY IDENTIFIABLE IN- Sec. 206. No effect on other remedies. sonal and commercial lives of millions of FORMATION REQUIRES OPT-IN CONSENT.—An Title III—Application to Congress and Americans, providing increased access to in- internet service provider, online service pro- Federal Agencies formation, as well as communications and vider, or operator of a commercial website Sec. 301. Exercise of rulemaking power. commercial opportunities. may not— Sec. 302. Senate. (15) It is important to establish personal (1) collect sensitive personally identifiable Sec. 303. Application to Federal agencies. privacy rights and industry obligations now information online, or S2960 CONGRESSIONAL RECORD — SENATE April 18, 2002

(2) disclose or otherwise use such informa- (2) may not collect, disclose, or otherwise (b) PROTECTED DISCLOSURES.—An internet tion collected online, from a user of that use any sensitive or nonsensitive personally service provider, online service provider, or service or website, identifiable information in accordance with operator of a commercial website may not be unless the provider or operator obtains that the changed policy unless the user has been held liable under this Act, any other Federal user’s affirmative consent to the collection afforded an opportunity to consent, or with- law, or any State law for any disclosure and disclosure or use of that information be- hold consent, to its collection, disclosure, or made in good faith and following reasonable fore, or at the time, the information is col- use in accordance with the requirements of procedures in responding to— lected. section 102(b) or (c), whichever is applicable. (1) a request for disclosure of personal in- (c) NONSENSITIVE PERSONALLY IDENTIFIABLE (b) NOTICE OF BREACH OF PRIVACY.— formation under section 1302(b)(1)(B)(iii) of INFORMATION REQUIRES ROBUST NOTICE AND (1) IN GENERAL.—If the sensitive or nonsen- the Children’s Online Privacy Protection Act OPT-OUT CONSENT.—An internet service pro- sitive personally identifiable information of of 1998 (15 U.S.C. 6501 et seq.) to the parent of vider, online service provider, or operator of a user of an internet service provider, online a child; or a commercial website may not— service provider, or operator of a commercial (2) a request for access to, or correction or (1) collect personally identifiable informa- website— deletion of, personally identifiable informa- tion not described in subsection (b) online, or (A) is collected, disclosed, or otherwise tion under section 105 of this Act. (2) disclose or otherwise use such informa- used by the provider or operator in violation (c) DISCLOSURE TO LAW ENFORCEMENT tion collected online, from a user of that of any provision of this Act, or AGENCY OR UNDER COURT ORDER.— service or website, (B) the security, confidentiality, or integ- (1) IN GENERAL.—Notwithstanding any rity of such information is compromised by a unless the provider or operator provides ro- other provision of this Act, an internet serv- hacker or other third party, or by any act or ice provider, online service provider, oper- bust notice to the user, in addition to clear failure to act of the provider or operator, and conspicuous notice, and has given the ator of a commercial website, or third party user an opportunity to decline consent for then the provider or operator shall notify all that uses such a service or website to collect users whose sensitive or nonsensitive person- such collection and use by the provider or information about users of that service or ally identifiable information was affected by operator before, or at the time, the informa- website may disclose personally identifiable the unlawful collection, disclosure, use, or tion is collected. information about a user of that service or compromise. The notice shall describe the (d) INITIAL NOTICE ONLY FOR ROBUST NO- website— nature of the unlawful collection, disclosure, TICE.—An internet service provider, online (A) to a law enforcement, investigatory, use, or compromise and the steps taken by service provider, or operator of a commercial national security, or regulatory agency or the provider or operator to remedy it. website shall provide robust notice under department of the United States in response (2) DELAY OF NOTIFICATION.— subsection (c) of this section to a user only to a request or demand made under author- (A) ACTION TAKEN BY INDIVIDUALS.—If the upon its first collection of non-sensitive per- ity granted to that agency or department, compromise of the security, confidentiality, sonally identifiable information from that including a warrant issued under the Federal or integrity of the information is caused by user, except that a subsequent collection of Rules of Criminal Procedure, an equivalent a hacker or other external interference with additional or materially different non-sen- State warrant, a court order, or a properly the service or website, or by an employee of sitive personally identifiable information executed administrative compulsory process; the service or website, the provider or oper- from that user shall be treated as a first col- and ator may postpone issuing the notice re- (B) in response to a court order in a civil lection of such information from that user. quired by paragraph (1) for a reasonable pe- (e) PERMANENCE OF CONSENT.— proceeding granted upon a showing of com- riod of time in order to— (1) IN GENERAL.—The consent or denial of pelling need for the information that cannot (i) facilitate the detection and apprehen- consent by a user of permission to an inter- be accommodated by any other means if— sion of the person responsible for the com- (i) the user to whom the information re- net service provider, online service provider, promise; and or operator of a commercial website to col- lates is given reasonable notice by the per- (ii) take such measures as may be nec- son seeking the information of the court pro- lect, disclose, or otherwise use any informa- essary to restore the integrity of the service tion about that user for which consent is re- ceeding at which the order is requested; and or website and prevent any further com- (ii) that user is afforded a reasonable op- quired under this Act— promise of the security, confidentiality, and (A) shall remain in effect until changed by portunity to appear and contest the issuance integrity of such information. of requested order or to narrow its scope. the user; and (B) SYSTEM FAILURES AND OTHER FUNC- (2) SAFEGUARDS AGAINST FURTHER DISCLO- (B) shall apply to the collection, disclo- TIONAL CAUSES.—If the unlawful collection, SURE.—A court that issues an order described sure, or other use of that information by any disclosure, use, or compromise of the secu- in paragraph (1) shall impose appropriate entity that is a commercial successor of, or rity, confidentiality, and integrity of the in- safeguards on the use of the information to legal successor-in-interest to, that provider formation is the result of a system failure, a protect against its unauthorized disclosure. or operator, without regard to the legal form problem with the operating system, soft- in which such succession was accomplished ware, or program used by the internet serv- SEC. 105. ACCESS. (including any entity that collects, discloses, ice provider, online service provider, or oper- (a) IN GENERAL.—An internet service pro- or uses such information as a result of a pro- ator of the commercial website, or other vider, online service provider, or operator of ceeding under chapter 7 or chapter 11 of title non-external interference with the service or a commercial website shall— 11, United States Code, with respect to the website, the provider or operator may post- (1) upon request provide reasonable access provider or operator). pone issuing the notice required by para- to a user to personally identifiable informa- (2) EXCEPTION.—The consent by a user to graph (1) for a reasonable period of time in tion that the provider or operator has col- the collection, disclosure, or other use of in- order to— lected from the user online, or that the pro- formation about that user for which consent (i) restore the system’s functionality or fix vider or operator has combined with person- is required under this Act does not apply to the problem; and ally identifiable information collected from the collection, disclosure, or use of that in- (ii) take such measures as may be nec- the user online after the effective date of formation by a successor entity under para- essary to restore the integrity of the service this Act; graph (1)(B) if— or website and prevent any further com- (2) provide a reasonable opportunity for a (A) the kind of information collected by promise of the security, confidentiality, and user to suggest a correction or deletion of the successor entity about the user is mate- integrity of the information after the failure any such information maintained by that rially different from the kind of information or problem has been fixed and the integrity provider or operator to which the user was collected by the predecessor entity; of the service or website has been restored. granted access; and (B) the methods of collecting and using the SEC. 104. EXCEPTIONS. (3) make the correction a part of that information employed by the successor enti- (a) IN GENERAL.—Section 102 does not user’s sensitive personally identifiable infor- ty are materially different from the methods apply to the collection, disclosure, or use by mation or nonsensitive personally identifi- employed by the predecessor entity; or an internet service provider, online service able information (whichever is appropriate), (C) the disclosure practices of the suc- provider, or operator of a commercial or make the deletion, for all future disclo- cessor entity are materially different from website of information about a user of that sure and other use purposes. the practices of the predecessor entity. service or website necessary— (b) EXCEPTION.—An internet service pro- SEC. 103. POLICY CHANGES; BREACH OF PRI- (1) to protect the security or integrity of vider, online service provider, or operator of VACY. the service or website or to ensure the safety a commercial website may decline to make a (a) NOTICE OF POLICY CHANGE.—Whenever of other people or property; suggested correction a part of that user’s an internet service provider, online service (2) to conduct a transaction, deliver a prod- sensitive personally identifiable information provider, or operator of a commercial uct or service, or complete an arrangement or nonsensitive personally identifiable infor- website makes a material change in its pol- for which the user provided the information; mation (whichever is appropriate), or to icy for the collection, use, or disclosure of or make a suggested deletion if the provider or sensitive or nonsensitive personally identifi- (3) to provide other products and services operator— able information, it— integrally related to the transaction, serv- (1) reasonably believes that the suggested (1) shall notify all users of that service or ice, product, or arrangement for which the correction or deletion is inaccurate or other- website of the change in policy; and user provided the information. wise inappropriate; April 18, 2002 CONGRESSIONAL RECORD — SENATE S2961 (2) notifies the user in writing, or in digital are insured by the Federal Deposit Insurance able opportunity to secure that user’s appro- or other electronic form, of the reasons the Corporation; priate portion of the amount available for provider or operator believes the suggested (3) the Federal Credit Union Act (12 U.S.C. distribution. correction or deletion is inaccurate or other- 1751 et seq.) by the National Credit Union (4) REMAINDER.—If the amount of any such wise inappropriate; and Administration Board with respect to any penalty held by the Commission exceeds the (3) provides a reasonable opportunity for Federal credit union; sum of the amounts distributed under para- the user to refute the reasons given by the (4) part A of subtitle VII of title 49, United graph (2) attributable to that penalty, the provider or operator for declining to make States Code, by the Secretary of Transpor- excess shall be covered into the Treasury of the suggested correction or deletion. tation with respect to any air carrier or for- the United States as miscellaneous receipts (c) REASONABLENESS TEST.—The reason- eign air carrier subject to that part; no later than 12 months after it was paid to ableness of the access or opportunity pro- (5) the Packers and Stockyards Act, 1921 (7 the Commission. vided under subsection (a) or (b) by an inter- U.S.C. 181 et seq.) (except as provided in sec- (f) EFFECT ON OTHER LAWS.— net service provider, online service provider, tion 406 of that Act (7 U.S.C. 226, 227)), by the (1) PRESERVATION OF COMMISSION AUTHOR- or operator of a commercial website shall be Secretary of Agriculture with respect to any ITY.—Nothing contained in this subtitle shall determined by taking into account such fac- activities subject to that Act; and be construed to limit the authority of the tors as the sensitivity of the information re- (6) the Farm Credit Act of 1971 (12 U.S.C. Commission under any other provision of quested and the burden or expense on the 2001 et seq.) by the Farm Credit Administra- law. provider or operator of complying with the tion with respect to any Federal land bank, (2) RELATION TO TITLE II OF COMMUNICATIONS request, correction, or deletion. Federal land bank association, Federal inter- ACT.—Nothing in title I requires an operator (d) REASONABLE ACCESS FEE.— mediate credit bank, or production credit as- of a website or online service to take any ac- (1) IN GENERAL.—An internet service pro- sociation. tion that is inconsistent with the require- vider, online service provider, or operator of (c) EXERCISE OF CERTAIN POWERS.—For the ments of section 222 of the Communications a commercial website may impose a reason- purpose of the exercise by any agency re- Act of 1934 (47 U.S.C. 222). able charge for access under subsection (a). ferred to in subsection (b) of its powers under (3) RELATION TO TITLE VI OF COMMUNICA- (2) AMOUNT.—The amount of the fee shall any Act referred to in that subsection, a vio- TIONS ACT.—Section 631 of the Communica- not exceed $3, except that upon request of a lation of title I is deemed to be a violation of tions Act of 1934 (47 U.S.C. 551) is amended by user, a provider or operator shall provide a requirement imposed under that Act. In adding at the end the following: such access without charge to that user if addition to its powers under any provision of ‘‘(i) To the extent that the application of the user certifies in writing that the user— law specifically referred to in subsection (b), any provision of this title to a cable operator (A) is unemployed and intends to apply for each of the agencies referred to in that sub- as an internet service provider, online serv- employment in the 60-day period beginning section may exercise, for the purpose of en- ice provider, or operator of a commercial on the date on which the certification is forcing compliance with any requirement website (as those terms are defined in sec- made; imposed under title I, any other authority tion 401 of the Online Personal Privacy Act) (B) is a recipient of public welfare assist- conferred on it by law. with respect to the provision of Internet ance; or (d) ACTIONS BY THE COMMISSION.—The Com- service or online service, or the operation of (C) has reason to believe that the incorrect mission shall prevent any person from vio- a commercial website, conflicts with the ap- information is due to fraud. lating title I in the same manner, by the plication of any provision of that Act to such same means, and with the same jurisdiction, SEC. 106. SECURITY. provision or operation, the Act shall be ap- powers, and duties as though all applicable An internet service provider, online service plied in lieu of the conflicting provision of terms and provisions of the Federal Trade provider, or operator of a commercial this title.’’. Commission Act (15 U.S.C. 41 et seq.) were website shall establish and maintain reason- incorporated into and made a part of this SEC. 203. ACTIONS BY USERS. able procedures necessary to protect the se- Act. Any entity that violates any provision (a) PRIVATE RIGHT OF ACTION FOR SENSITIVE curity, confidentiality, and integrity of per- of that subtitle is subject to the penalties PERSONALLY IDENTIFIABLE INFORMATION.—If sonally identifiable information maintained and entitled to the privileges and immuni- an internet service provider, online service by that provider or operator. ties provided in the Federal Trade Commis- provider, or commercial website operator TITLE II—ENFORCEMENT sion Act in the same manner, by the same collects, discloses, or uses the sensitive per- SEC. 201. ENFORCEMENT BY FEDERAL TRADE means, and with the same jurisdiction, sonally identifiable information of any per- COMMISSION. power, and duties as though all applicable son or fails to provide reasonable access to Except as provided in section 202(b) of this terms and provisions of the Federal Trade or reasonable security for such sensitive per- Act and section 2710(d) of title 18, United Commission Act were incorporated into and sonally identifiable information in violation States Code, this Act shall be enforced by made a part of that subtitle. of any provision of title I then that person the Commission. (e) DISPOSITION OF CIVIL PENALTIES OB- may bring an action in a district court of the SEC. 202. VIOLATION IS UNFAIR OR DECEPTIVE TAINED BY FTC ENFORCEMENT ACTION INVOLV- United States of appropriate jurisdiction— ACT OR PRACTICE. ING NONSENSITIVE PERSONALLY IDENTIFIABLE (1) to enjoin or restrain a violation of title (a) IN GENERAL.—The violation of any pro- INFORMATION.— I or to obtain other appropriate relief; and vision of title I is an unfair or deceptive act (1) IN GENERAL.—If a civil penalty is im- (2) upon a showing of actual harm to that or practice proscribed under section posed on an internet service provider, online person caused by the violation, to recover 18(a)(1)(B) of the Federal Trade Commission service provider, or commercial website op- the greater of— Act (15 U.S.C. 57a(a)(1)(B)). erator in an enforcement action brought by (A) the actual monetary loss from the vio- (b) ENFORCEMENT BY CERTAIN OTHER AGEN- the Commission for a violation of title I with lation; or CIES.—Compliance with title I of this Act respect to nonsensitive personally identifi- (B) $5,000. shall be enforced under— able information of users of the service or (b) REPEATED VIOLATIONS.—If the court (1) section 8 of the Federal Deposit Insur- website, the penalty shall be— finds, in an action brought under subsection ance Act (12 U.S.C. 1818), in the case of— (A) paid to the Commission; (a) to recover damages, that the defendant (A) national banks, and Federal branches (B) held by the Commission in trust for repeatedly and knowingly violated title I, and Federal agencies of foreign banks, by the distribution under paragraph (2); and the court may, in its discretion, increase the Office of the Comptroller of the Currency; (C) distributed in accordance with para- amount of the award available under sub- (B) member banks of the Federal Reserve graph (2). section (a)(2)(B) to an amount not in excess System (other than national banks), (2) DISTRIBUTION TO USERS.—Under proce- of $100,000. branches and agencies of foreign banks dures to be established by the Commission, (c) EXCEPTION.—Neither an action to enjoin (other than Federal branches, Federal agen- the Commission shall hold any amount re- or restrain a violation, nor an action to re- cies, and insured State branches of foreign ceived as a civil penalty for violation of title cover for loss or damage, may be brought banks), commercial lending companies I for a period of not less than 180 days for dis- under this section for the accidental disclo- owned or controlled by foreign banks, and tribution under those procedures to users— sure of information if the disclosure was organizations operating under section 25 or (A) whose nonsensitive personally identifi- caused by an Act of God, unforeseeable net- 25A of the Federal Reserve Act (12 U.S.C. 601 able information was the subject of the vio- work or systems failure, or other event be- and 611), by the Board; and lation; and yond the control of the Internet service pro- (C) banks insured by the Federal Deposit (B) who file claims with the Commission vider, online service provider, or operator of Insurance Corporation (other than members for compensation for loss or damage from a commercial website. of the Federal Reserve System) and insured the violation at such time, in such manner, SEC. 204. ACTIONS BY STATES. State branches of foreign banks, by the and containing such information as the Com- (a) IN GENERAL.— Board of Directors of the Federal Deposit In- mission may require. (1) CIVIL ACTIONS.—In any case in which the surance Corporation; (3) AMOUNT OF PAYMENT.—The amount a attorney general of a State has reason to be- (2) section 8 of the Federal Deposit Insur- user may receive under paragraph (2)— lieve that an interest of the residents of that ance Act (12 U.S.C. 1818), by the Director of (i) shall not exceed $200; and State has been or is threatened or adversely the Office of Thrift Supervision, in the case (ii) may be limited by the Commission as affected by the engagement of any person in of a savings association the deposits of which necessary to afford each such user a reason- a practice that violates title I, the State, as S2962 CONGRESSIONAL RECORD — SENATE April 18, 2002 parens patriae, may bring a civil action on discharged or discriminated against in viola- vice) of that user’s access to an internet behalf of the residents of the State in a dis- tion of subsection (a) may file a civil action service, online service, or commercial trict court of the United States of appro- in the appropriate United States district website. priate jurisdiction— court before the close of the 2-year period be- (4) DISCLOSE.—The term ‘‘disclose’’ means (A) to enjoin that practice; ginning on the date of such discharge or dis- the release of personally identifiable infor- (B) to enforce compliance with the rule; crimination. The complainant shall also file mation about a user of an Internet service, (C) to obtain damage, restitution, or other a copy of the complaint initiating such ac- online service, or commercial website by an compensation on behalf of residents of the tion with the appropriate Federal agency. internet service provider, online service pro- State; or (c) REMEDIES.—If the district court deter- vider, or operator of a commercial website (D) to obtain such other relief as the court mines that a violation of subsection (a) has for any purpose, except where such informa- may consider to be appropriate. occurred, it may order the Internet service tion is provided to a person who provides (2) NOTICE.— provider, online service provider, or commer- support for the internal operations of the (A) IN GENERAL.—Before filing an action cial website operator that committed the service or website and who does not disclose under paragraph (1), the attorney general of violation— or use that information for any other pur- the State involved shall provide to the (1) to reinstate the employee to his former pose. Commission— position; (5) FEDERAL AGENCY.—The term ‘‘Federal (i) written notice of that action; and (2) to pay compensatory damages; or agency’’ means an agency, as that term is (ii) a copy of the complaint for that action. (3) to take other appropriate actions to defined in section 551(1) of title 5, United remedy any past discrimination. (B) EXEMPTION.— States Code. (i) IN GENERAL.—Subparagraph (A) shall (d) LIMITATION.—The protections of this (6) INTERNAL OPERATIONS SUPPORT.—The section shall not apply to any employee not apply with respect to the filing of an ac- term ‘‘support for the internal operations of tion by an attorney general of a State under who— a service or website’’ means any activity this subsection, if the attorney general de- (1) deliberately causes or participates in necessary to maintain the technical termines that it is not feasible to provide the the alleged violation; or functionality of that service or website. notice described in that subparagraph before (2) knowingly or recklessly provides sub- (7) INTERNET.—The term ‘‘Internet’’ means the filing of the action. stantially false information to such an agen- collectively the myriad of computer and (ii) NOTIFICATION.—In an action described cy or the Attorney General. telecommunications facilities, including in clause (i), the attorney general of a State (e) BURDENS OF PROOF.—The legal burdens equipment and operating software, which shall provide notice and a copy of the com- of proof that prevail under subchapter III of comprise the interconnected world-wide net- plaint to the Commission at the same time chapter 12 of title 5, United States Code (5 work of networks that employ the Trans- as the attorney general files the action. U.S.C. 1221 et seq.) shall govern adjudication (b) INTERVENTION.— of protected activities under this section. mission Control Protocol/Internet Protocol, or any predecessor or successor protocols to (1) IN GENERAL.—On receiving notice under SEC. 206. NO EFFECT ON OTHER REMEDIES. such protocol, to communicate information subsection (a)(2), the Commission shall have The remedies provided by sections 203 and of all kinds by wire or radio. the right to intervene in the action that is 204 are in addition to any other remedy (8) INTERNET SERVICE PROVIDER; ONLINE the subject of the notice. available under any provision of law. (2) EFFECT OF INTERVENTION.—If the Com- SERVICE PROVIDER; WEBSITE.—The Commis- TITLE III—APPLICATION TO CONGRESS sion shall by rule define the terms ‘‘internet mission intervenes in an action under sub- AND FEDERAL AGENCIES section (a), it shall have the right— service provider’’, ‘‘online service provider’’, (A) to be heard with respect to any matter SEC. 301. SENATE. and ‘‘website’’, and shall revise or amend that arises in that action; and The Sergeant at Arms of the United States such rule to take into account changes in (B) to file a petition for appeal. Senate shall develop regulations setting technology, practice, or procedure with re- (c) CONSTRUCTION.—For purposes of bring- forth an information security and electronic spect to the collection of personal informa- ing any civil action under subsection (a), privacy policy governing use of the Internet tion over the Internet. nothing in this subtitle shall be construed to by officers and employees of the Senate that (9) ONLINE.—The term ‘‘online’’ refers to prevent an attorney general of a State from meets the requirements of title I. any activity regulated by this Act or by sec- exercising the powers conferred on the attor- SEC. 302. APPLICATION TO FEDERAL AGENCIES. tion 2710 of title 18, United States Code, that ney general by the laws of that State to— (a) IN GENERAL.—Except as provided in is effected by active or passive use of an (1) conduct investigations; subsection (b), this Act applies to each Fed- Internet connection, regardless of the me- (2) administer oaths or affirmations; or eral agency that is an internet service pro- dium by or through which that connection is (3) compel the attendance of witnesses or vider or an online service provider, or that established. the production of documentary and other operates a website, to the extent provided by (10) OPERATOR OF A COMMERCIAL WEBSITE.— evidence. section 2674 of title 28, United States Code. The term ‘‘operator of a commercial (d) ACTIONS BY THE COMMISSION.—In any (b) EXCEPTIONS.—This Act does not apply website’’— case in which an action is instituted by or on to any Federal agency to the extent that the (A) means any person who operates a behalf of the Commission for violation of application of this Act would compromise website located on the Internet or an online title I, no State may, during the pendency of law enforcement activities or the adminis- service and who collects or maintains per- that action, institute an action under sub- tration of any investigative, security, or sonal information from or about the users of section (a) against any defendant named in safety operation conducted in accordance or visitors to such website or online service, the complaint in that action for violation of with Federal law. or on whose behalf such information is col- that rule. TITLE IV—MISCELLANEOUS lected or maintained, where such website or (e) VENUE; SERVICE OF PROCESS.— online service is operated for commercial (1) VENUE.—Any action brought under sub- SEC. 401. DEFINITIONS. purposes, including any person offering prod- section (a) may be brought in the district In this Act: ucts or services for sale through that website court of the United States that meets appli- (1) COLLECT.—The term ‘‘collect’’ means or online service, involving commerce— cable requirements relating to venue under the gathering of personally identifiable in- (i) among the several States or with 1 or section 1391 of title 28, United States Code. formation about a user of an Internal serv- more foreign nations; (2) SERVICE OF PROCESS.—In an action ice, online service, or commercial website by (ii) in any territory of the United States or brought under subsection (a), process may be or on behalf of the provider or operator of served in any district in which the that service or website by any means, direct in the District of Columbia, or between any defendant— or indirect, active or passive, including— such territory and— (A) is an inhabitant; or (A) an online request for such information (I) another such territory; or (B) may be found. by the provider or operator, regardless of (II) any State or foreign nation; or (iii) between the District of Columbia and SEC. 205. WHISTLEBLOWER PROTECTION. how the information is transmitted to the any State, territory, or foreign nation; but (a) IN GENERAL.—No internet service pro- provider or operator; vider, online service provider, or commercial (B) the use of a chat room, message board, (B) does not include any nonprofit entity website operator may discharge or otherwise or other online service to gather the infor- that would otherwise be exempt from cov- discriminate against any employee with re- mation; or erage under section 5 of the Federal Trade spect to compensation, terms, conditions, or (C) tracking or use of any identifying code Commission Act (15 U.S.C. 45). privileges of employment because the em- linked to a user of such a service or website, (11) PERSONALLY IDENTIFIABLE INFORMA- ployee (or any person acting pursuant to the including the use of cookies or other track- TION.— request of the employee) provided informa- ing technology. (A) IN GENERAL.—The term ‘‘personally tion to any Federal or State agency or to the (2) COMMISSION.—The term ‘‘Commission’’ identifiable information’’ means individually Attorney General of the United States or of means the Federal Trade Commission. identifiable information about an individual any State regarding a violation of any provi- (3) COOKIE.—The term ‘‘cookie’’ means any collected online, including— sion of title I. program, function, or device, commonly (i) a first and last name, whether given at (b) ENFORCEMENT.—Any employee or known as a ‘‘cookie’’, that makes a record on birth or adoption, assumed, or legally former employee who believes he has been the user’s computer (or other electronic de- changed; April 18, 2002 CONGRESSIONAL RECORD — SENATE S2963 (ii) a home or other physical address in- (1) whether this Act is accomplishing the cial aspects of the Internet altogether, cluding street name and name of a city or purposes for which it was enacted; the FTC recommended legislation to town; (2) whether technology that protects pri- establish online privacy guidelines. In- (iii) an e-mail address; vacy is being utilized in the marketplace in troduction of this legislation is a step (iv) a telephone number; such a manner as to facilitate administra- (v) a birth certificate number; tion of and compliance with title I; in the right direction, and a step closer (vi) any other identifier for which the Com- (3) whether additional legislation is re- to the FTC’s recommendation. mission finds there is a substantial likeli- quired to accomplish those purposes or im- This bill calls for sensitive, person- hood that the identifier would permit the prove the administrability or effectiveness of ally identifiable information, such as physical or online contacting of a specific in- this Act; health information, race, religion, and dividual; or (4) whether legislation is appropriate or social security number, to be protected (vii) information that an Internet service necessary to regulate the collection, use, and by requiring consumers to provide af- provider, online service provider, or operator distribution of personally identifiable infor- firmative consent for this information of a commercial website collects and com- mation collected other than via the Internet; bines with an identifier described in clauses to be shared; in other words, they must (5) whether and how the government might ‘‘opt in.’’ Under our proposal, the treat- (i) through (vi) of this subparagraph. assist industry in developing standard online (B) INFERENTIAL INFORMATION EXCLUDED.— privacy notices that substantially comply ment of non-sensitive, personally iden- Information about an individual derived or with the requirements of section 102(a); tifiable information must be described inferred from data collected online but not (6) whether and how the creation of a set of through strict, robust notice in plain actually collected online is not personally self-regulatory guidelines established by English. After some consumers re- identifiable information. independent safe harbor organizations and ceived their privacy policies required (12) RELEASE.—The term ‘‘release of per- approved by the Commission would facilitate by the Gramm-Leach-Bliley Act, they sonally identifiable information’’ means the administration of and compliance with title direct or indirect, sharing, selling, renting, thought it would be easier to under- I; and stand the tax code. or other provision of personally identifiable (7) whether additional legislation is nec- information of a user of an internet service, An important provision in the Hol- essary or appropriate to regulate the collec- lings measure modeled on allowing online service, or commercial website to any tion, use, and disclosure of personally identi- other person other than the user. fiable information collected online before consumers to access their credit report (13) ROBUST NOTICE.—The term ‘‘robust no- the effective date of title I. information would allow online con- tice’’ means actual notice at the point of col- (b) FTC NOTICE OF INQUIRY.—The Commis- sumers to access and correct any incor- lection of the personally identifiable infor- sion shall initiate a notice of inquiry within rect information companies may be mation describing briefly and succinctly the 90 days after the date of enactment of this listing. Additionally, to monitor the ef- intent of the Internet service provider, on- Act to request comment on the matter de- line service provider, or operator of a com- fectiveness of this legislation, the bill scribed in paragraphs (1) through (7) of sub- calls for the FTC to report to Congress mercial website to use or disclose that infor- section (a). mation for marketing or other purposes. on this matter and to recommend any SEC. 405. DEVELOPMENT OF AUTOMATED PRI- (14) SENSITIVE FINANCIAL INFORMATION.— VACY CONTROLS. needed changes in its provisions. The term ‘‘sensitive financial information’’ Section 20 of the National Institute of I am pleased to be an original cospon- means— Standards and Technology Act (15 U.S.C. sor of this legislation which I believe (A) the amount of income earned or losses 278g–3) is amended— moves us in the right direction to actu- suffered by an individual; (1) by redesignating subsection (d) as sub- ally grow the Internet and its capa- (B) an individual’s account number or bal- section (e); and bility for commerce by easing people’s ance information for a savings, checking, (2) by inserting after subsection (c) the fol- money market, credit card, brokerage, or fears over how their names, addresses, lowing: social security numbers and other im- other financial services account; ‘‘(d) DEVELOPMENT OF INTERNET PRIVACY portant information will be secured. (C) the access code, security password, or PROGRAM.—The Institute shall encourage similar mechanism that permits access to an and support the development of one or more The Internet’s possibilities are only be- individual’s financial services account; computer programs, protocols, or other soft- ginning to be realized. In the business (D) an individual’s insurance policy infor- ware, such as the World Wide Web Consor- world, it creates an easy way to share mation, including the existence, premium, tium’s P3P program, capable of being in- information and conduct transactions. face amount, or coverage limits of an insur- stalled on computers, or computer networks, However, if the information is personal ance policy held by or for the benefit of an with Internet access that would reflect the individual; or in nature, I, along with many of my user’s preferences for protecting personally- colleagues, believe people deserve and (E) an individual’s outstanding credit card, identifiable or other sensitive, privacy-re- debt, or loan obligations. are indeed entitled to expect the oppor- lated information, and automatically exe- (15) SENSITIVE PERSONALLY IDENTIFIABLE IN- cute the program, once activated, without tunity to elect whether to have that FORMATION.—The term ‘‘sensitive personally requiring user intervention.’’. information shared or not, and in all identifiable information’’ means personally Mr. CLELAND. Madam President, cases for it to be securely monitored. I identifiable information about an am proud to lend my support to this individual’s— just last week I read an article that de- important bill. (A) individually identifiable health infor- scribed the practice of online compa- mation (as defined in section 164.501 of title nies placing prices on people’s personal By Mr. ROCKEFELLER: 45, Code of Federal Regulations); information in order to raise revenue. S. 2205. A bill to amend title 38, (B) race or ethnicity; When the Internet revolution began, I (C) political party affiliation; United States Code, to clarify the enti- (D) religious beliefs; do not believe anyone thought the buy- tlement to disability compensation of (E) sexual orientation; ing and selling of our personal informa- women veterans who have service-con- (F) a Social Security number; or tion would be where these companies nected mastectomies, to provide per- (G) sensitive financial information. would turn when they began to experi- manent authority for counseling and SEC. 402. EFFECTIVE DATE OF TITLE I. ence difficulties in the financial mar- treatment for sexual trauma, and for Title I of this Act takes effect on the day kets. My constituents have expressed other purposes; to the Committee on after the date on which the Commission pub- to me their concerns over such prac- Veterans’ Affairs. lishes a final rule under section 403. tices, and I have responded by co-spon- Mr. ROCKEFELLER. Madam Presi- SEC. 403. FTC RULEMAKING. soring Senator HOLLINGS’ bi-partisan dent, I introduce legislation today that The Commission shall— (1) initiate a rulemaking within 90 days legislation to enact reasonable privacy would help VA continue to meet the after the date of enactment of this Act for standards on personal information needs of veterans who experienced sex- regulations to implement the provisions of gathered on-line. ual trauma while serving in the mili- title I; and In May 2000, the Federal Trade Com- tary. This legislation would also ex- (2) complete that rulemaking within 270 mission, FTC, issued its third report to tend special compensation to women days after initiating it. Congress on the state of online privacy. veterans whose service led to the loss SEC. 404. FTC REPORT. Due to the fact that there remained a of all or part of a breast, and would (a) REPORT.—The Commission shall submit great deal of concern by consumers help us understand better how well VA a report to the Senate Committee on Com- merce, Science, and Transportation and the over how their information is used by is meeting the health care needs of House of Representatives Committee on online companies, so much so that women veterans. Commerce 18 months after the effective date some consumers provided false infor- Almost a decade ago, the Committee of title I, and annually thereafter, on— mation or did not utilize the commer- on Veterans Affairs took a hard look at S2964 CONGRESSIONAL RECORD — SENATE April 18, 2002 the growing needs of women veterans more of a breast’s tissue as a result of Committee on Women Veterans be in a hearing that helped VA improve military service, rather than drawing printed in the RECORD. its women’s health care and services. an arbitrary clinical line for compensa- There being no objection, the mate- Many studies grew from this hearing, tion. rial was ordered to be printed in the including investigations that showed According to the Veterans Health Record, as follows: that women veterans are eight times Administration, women veterans now S. 2205 more likely to report having experi- make up about 5 percent of enrolled Be it enacted by the Senate and House of Rep- enced sexual assault during military veterans, a percentage that is expected resentatives of the United States of America in service than women civilians of the to double over the next two decades. Congress assembled, same age. We must ensure that women veterans SECTION 1. CLARIFICATION OF ENTITLEMENT TO enjoy access to the best possible health WARTIME DISABILITY COMPENSA- In 1992, Congress authorized VA to TION FOR WOMEN VETERANS WHO provide counseling to women who expe- care, including for gender-specific med- HAVE SERVICE-CONNECTED rienced sexual trauma during active ical conditions, in the most appro- MASTECTOMIES. military service. Two years later, rec- priate setting. One of the challenges (a) IN GENERAL.—Section 1114(k) of title 38, ognizing that sexual trauma is not lim- that Congress and VA face in assessing United States Code, is amended by inserting ‘‘of half or more of the tissue’’ after ‘‘ana- ited to women, Congress expanded VA’s how well the needs of women veterans are being met is understanding exactly tomical loss’’ the second place it appears. mandate to offer counseling and treat- (b) EFFECTIVE DATE.—The amendment ment to victims of sexual harassment what services women veterans require, made by subsection (a) shall take effect on or sexual assault without regard to and whether these are being offered by the date of the enactment of this Act, and gender. The Veterans Millennium VA’s medical facilities. shall apply with respect to months that Health Care and Benefits Act of 1999 Many of the advances VA has made begin on or after that date. in improving women’s care and services SEC. 2. PERMANENT AUTHORITY FOR COUN- broadened VA’s responsibilities toward SELING AND TREATMENT FOR SEX- victims of sexual trauma even farther, has resulted from the hard work of the Women Veterans Coordinators who UAL TRAUMA. strengthening outreach efforts and ex- Section 1720D of title 38, United States tending the programs through Decem- work within VA’s medical centers. Code, is amended— ber 2004. These coordinators assist women vet- (1) in subsection (a)— VA has worked, internally and with erans who seek VA medical care, and (A) in paragraph (1), by striking ‘‘During the Department of Defense, to educate help VA understand which needs still the period through December 31, 2004, the Secretary’’ and inserting ‘‘The Secretary’’; health care professionals about the go unmet, frequently as a collateral portion of their jobs, while facing and physical and emotional legacies of (B) in paragraph (2), by striking ‘‘, during military sexual trauma. Those who many competing demands on their time. As VA health care evolves from a the period through December 31, 2004,’’; and have endured such trauma need coun- (2) in subsection (b)— primarily hospital-based system to a seling and appropriate treatment, both (A) in paragraph (1), by striking ‘‘estab- network of outpatient clinics, women during and following service. Although lishment and’’; and veterans coordinators face an even we must hope that education will (B) in paragraph (2), by striking ‘‘estab- more complex set of tasks and a shift- eliminate sexual violence from our lishing a program’’ and inserting ‘‘operating ing geography of care. a program’’. forces, the sad reality is that the pro- Women veterans increasingly receive SEC. 3. REPORT ON FURNISHING OF HEALTH grams that VA has established will care within general outpatient clinics CARE TO WOMEN VETERANS BY VET- continue to be needed. The legislation I rather than in women’s clinics, an ERANS HEALTH ADMINISTRATION. introduce today would authorize VA to (a) REPORT REQUIRED.—Not later than 180 issue of special concern as women may days after the date of the enactment of this continue its counseling and treatment comprise only a tiny part of the case- programs for veterans who have experi- Act, the Secretary of Veterans Affairs shall load for VA’s general practitioners, un- submit to the Committees on Veterans’ Af- enced military sexual trauma beyond like the private sector where women fairs of the Senate and the House of Rep- 2004, so that veterans and health care make up half or more of a doctor’s pa- resentatives a report on the furnishing by professionals can depend upon these tients, resulting in less expertise in the Veterans Health Administration of critical services. women’s health. The legislation I offer health care for women veterans. The Committee on Veterans Affairs (b) REPORT ELEMENTS.—The report under here would request a report on how subsection (a) shall set forth the following: continues to await VA’s report on rates many clinics and health care teams re- of military sexual trauma among Na- (1) A list of each Women Veterans’ Com- main dedicated specifically to the prehensive Health Center within the Vet- tional Guard and Reservists, mandated needs of women veterans, and how erans Health Administration, including in the Millennium Act and due in many hours per week Women Veterans whether such Center is located in a Depart- March 2001, to make a sound decision Coordinators can allocate to serving ment of Veterans Affairs medical center or on the need for counseling services women veterans. outpatient clinic. among these forces who might have ex- In 1983, Congress responded to the (2) For each Center listed under paragraph perienced sexual trauma while on ac- needs of the growing number of women (1)— tive duty for training. (A) the staffing level of such Center, ex- veterans by establishing the Advisory pressed in terms of number of full-time Last year, Congress authorized VA to Committee on Women Veterans. This offer special monthly compensation to equivalent employees (FTEEs); committee advises the Secretary of VA (B) the health care services furnished by women who had lost one or both on the adequacy of programs for such Center to women veterans, including breasts, including through surgical women veterans, and helps ensure that the health care services (including breast treatment, as a result of their military women veterans have the same access cancer screening and cervical cancer screen- service. VA recently issued regulations to services and benefits as their male ing) that are furnished only for women; and addressing this, which would require counterparts. Early this year, the Sec- (C) the number of women veterans fur- complete loss of a breast through sim- retary renewed the charter for the Ad- nished health care services by such Center during the last fiscal year ending before the ple or radical mastectomy in order to visory Committee on Women Veterans. make a woman eligible for benefits. date of the report. I hope my colleagues will join me in (3) A list of each facility without a Women The intent of Congress in passing this acknowledging both the Secretary’s de- Veterans’ Comprehensive Health Center that legislation was to acknowledge that cision to foster this essential voice, furnishes health care services to women vet- women who undergo such procedures and the service of the men and women erans through a full-service womens’ pri- face physical, emotional, and financial who share their time and experience mary care team, including whether such fa- challenges in returning to health. The with VA on behalf of all women vet- cility is located in a Department medical need for increased medical attention, erans. Together, VA and the advisory center or outpatient clinic. and concomitant impairment in daily committee have worked to be sure that (4) For each facility listed under paragraph activities, remains consistent, whether (3)— VA can offer women veterans the serv- (A) the staffing level of such facility for the loss of a breast is complete or par- ices they need and the respect they the furnishing of health care services to tial. Therefore, the legislation that I have earned. women veterans, expressed in terms of num- offer here would extend benefits to I ask that the text of the bill and a ber of full-time equivalent employees women veterans who have lost half or list of the membership of the Advisory (FTEEs); April 18, 2002 CONGRESSIONAL RECORD — SENATE S2965 (B) the health care services furnished by scribed by an authorized health care 1990, this bill will improve enormously such facility to women veterans, including practitioner. The practitioner must the life insurance options available to the health care services (including breast fully disclose all available information those veterans who are unable to pur- cancer screening and cervical cancer screen- about the safety and effectiveness of chase commercial policies because they ing) that are furnished only for women; and (C) the number of women veterans fur- any medical treatment, including ques- became disabled in service to our Na- nished health care services by such facility tions that remain unanswered because tion. I look forward to its swift pas- during the last fiscal year ending before the the necessary research has not been sage. date of the report. conducted. The bill includes detailed Since 1919, the Department of Vet- (5) For each Veterans Integrated Service informed consent requirements. erans Affairs has provided life insur- Network and Department medical center, The bill carefully restricts the abil- ance for servicemembers and veterans the number of hours per week that the ity of practitioners to advertise or in various amounts and with varying Women Veterans’ Coordinator of such net- market unapproved drugs or devices or degrees of success, but with the over- work or medical center, as the case may be, arching purpose of providing them with is authorized to perform duties relating to to profit financially from prescribing the furnishing of health care services to alternative treatments. This provision an insurance benefit comparable to the women veterans. was included to ensure that practi- commercial coverage that they are un- tioners keep the best interests of pa- able to purchase due to their service in CURRENT MEMBERSHIP OF THE VA ADVISORY tients in mind and to retain incentives the Armed Forces. Unfortunately, as COMMITTEE ON WOMEN VETERANS (AS OF for seeking FDA approval. described in the Department of Vet- JANUARY 2002) The bill also protects patients by re- erans Affairs’ Program Evaluation of Karen L. Ray, RN, MSN, Chair 2000–2002, quiring practitioners to report any ad- Benefits for Survivors of Veterans with Colonel, USA (Retired). Constance G. Evans, RN, ARNP, Co-Chair verse reaction that could potentially Service-connected Disabilities, which 2000–2002, Commander, USPHS (Retired). have been caused by an unapproved was released last May, the current Marsha Tansey Four, USA. drug or medical device. If an adverse Service-Disabled Veterans Insurance, Bertha Cruz Hall, USAF. reaction is reported, manufacture and or SDVI, program does not sufficiently Marcelite J. Harris, Major General, USAF distribution of the drug must cease fulfill this purpose. . (Retired). The SDVI program insures service- Edward E. Hartman, USA. pending an investigation. If it is deter- Consuelo C. Kickbusch, Lieutenant Colo- mined that the adverse reaction was disabled veterans who, but for their nel, USA (Retired). caused by the drug or medical device, service-connected disability, would be Kathy LaSauce, Lieutenant Colonel, USAF as part of a total recall, the Secretary eligible for commercial life insurance. (Retired). of the Department of Health and The basic policy currently provides up M Joy Mann, Captain, US Air Force Re- Human Services and the manufacturer to $10,000 in coverage. Veterans who serve. Lory Manning, Captain, USN (Retired). have the duty to inform all health care are deemed totally disabled are eligible Michele (Mitzi) Manning, Colonel, USMC practitioners to whom the drug or med- for an additional $20,000 in supple- (Retired). ical device has been provided. mental coverage and may apply to Kahleen A. Morrissey, RN, BSN, Colonel, While I believe that S. 1378 would have the premium on their initial NJ. Army National Guard. give patients important new choices in $10,000 policy waived. Joan O’Connor, Commander, Naval Reserve health care while maintaining strong However, according to VA’s report, (Retired). Sheryl Schmidt, USAF. consumer protections, there has been the current SDVI program uses mor- little discussion or attention given to tality tables from 1941 to determine the By Mr. DASCHLE (for himself, the issue. Meanwhile, some advocates premiums paid by its policyholders. Mr. HARKIN, and Mr. GRASS- of greater access to alternative thera- This has led to premiums nearly four LEY): pies have urged me to reintroduce a times greater than those paid by non- S. 2207. A bill to permit an individual version of the Access to Medical Treat- veterans. While SDVI policyholders to be treated by a health care practi- ment Act similar to the one I and 13 would generally expect to pay some- tioner with any method of medical other senators introduced during the what higher premiums, many veterans treatment such individual requests, 105th Congress in an effort to stimulate still cited this extremely high cost as a and for other purposes; to the Com- further discussion of this important major reason for not purchasing an mittee on Health, Education, Labor, policy issue. This measure includes less SDVI policy. In light of this fact, it is and Pensions. detail than S. 1378 but embodies the not difficult to understand why only 3.5 Mr. DASCHLE. Madam President, same goal of making alternative treat- percent of those eligible actually take last year I introduced S. 1378, the Ac- ments more available to patients who advantage of the current SDVI pro- cess to Medical Treatment Act of 2001. want them. gram. This bill would allow patients to use I continue to believe that S. 1378, Also cited as a reason for non-partici- certain alternative and complementary with its detailed informed consent and pation was the limited benefit avail- therapies not approved by the FDA. practitioner reporting requirements, is able under the current SDVI program. Alternative therapies constitute an the version of the Access to Medical According to VA’s report, the typical increasingly accepted part of medicine. Treatment Act that provides the ap- private sector employee possesses a life At the National Institutes of Health’s propriate vehicle for legislative debate, insurance policy two to three times his Office of Alternative Medicine, sci- and I am hopeful that the bill Senators or her annual income, and most finan- entists are working to expand our HARKIN, GRASSLEY, and I are intro- cial planners recommend even more knowledge of alternative therapies and ducing today will generate momentum coverage than that. However, half of their safe and effective use. Addition- to get that debate started. all SDVI beneficiaries report receiving ally, more Americans are turning to al- less than $15,000 in total insurance ben- ternative therapies in those frustrating By Mr. ROCKEFELLER: efits from the loss of a loved one. On instances in which conventional treat- S. 2209. A bill to amend title 38, average, only $9,000 of this comes from ments seem to be ineffective in com- United States Code, to provide an addi- their SDVI policy. Forty percent of all bating illness and disease. tional program of service disabled vet- SDVI beneficiaries sole source of in- The Access to Medical Treatment erans’ insurance for veterans, and for come are the benefits provided by VA. Act support patient choice while main- other purposes; to the Committee on Their lack of other coverage, combined taining important patient safeguards. Veterans’ Affairs. with the very limited benefit currently It allows individuals, especially those Mr. ROCKEFELLER. Madam Presi- available through the current SDVI who face life-threatening afflictions for dent, I am tremendously pleased to in- program, leaves disabled veterans woe- which conventional treatments have troduce legislation that would estab- fully under-insured. We simply cannot proven ineffective, to try an alter- lish a new service-disabled veterans life accept this situation. native treatment. This is a choice insurance program. Named in honor of This bill would create a new life in- rightly made by patients. Robert Carey, former Director of the surance program for service-disabled Treatments covered under the Access Philadelphia Regional Office and Insur- veterans offering as much as $50,000 in to Medical Treatment Act must be pre- ance Center until his untimely death in coverage at a price comparable to that S2966 CONGRESSIONAL RECORD — SENATE April 18, 2002 of commercial coverage. It would also ‘‘(i) $45,000; or (b) COORDINATION WITH CURRENT SERVICE bring the premiums charged under the ‘‘(ii) an amount less than $45,000, but more DISABLED VETERANS’ INSURANCE PROGRAM.— current SDVI program more in line than $5,000, that is evenly divisible by $5,000. Section 1922 of title 38, United States Code, ‘‘(B) The amount of insurance elected with commercial policies by updating is amended— under this paragraph by a person described (1) in subsection (b), by adding at the end the mortality tables VA uses to set its by subsection (b)(1) may not cause the aggre- the following new paragraph: rates. gate amount of insurance of the person ‘‘(5) A person deemed insured under this The motto of the Department of Vet- under this section and sections 1922(a) and subsection is not eligible for or entitled to erans Affairs is ‘‘To care for him that 1922A of this title to exceed $50,000. insurance under section 1922B of this title.’’; has borne the battle and for his widow ‘‘(2) Except as provided in paragraph (3), and and orphan.’’ By introducing the ‘‘Rob- the amount for which a person described by (2) by adding at the end the following new subsection (b)(2) is insured under this section subsection: ert Carey Service-Disabled Veterans shall, at the election of the person, be— Insurance Act of 2002,’’ I propose that ‘‘(d) A person insured under subsection (a) ‘‘(A) $50,000; or may also be eligible for insurance under sec- we take yet another step toward ful- ‘‘(B) an amount less than $50,000, but more tion 1922B of this title in accordance with filling the obligation embodied in those than $5,000, that is evenly divisible by $5,000. the provisions of that section.’’. words, and I encourage my colleagues ‘‘(3) Upon attaining the age of 70 years, the (c) OTHER AMENDMENTS TO CURRENT SERV- to join with me in supporting this very amount for which a person is insured under ICE DISABLED VETERANS’ INSURANCE PRO- important bill. this section shall be the amount equal to 20 GRAM.—Subsection (a) of such section 1922 is percent of the amount otherwise elected by I ask unanimous consent that the amended by striking ‘‘Commissioners 1941 the person under paragraph (1) or (2), as ap- Standard Ordinary Table of Mortality and text of the bill be printed in the plicable. interest at the rate of 21⁄4 per centum per RECORD. ‘‘(e)(1) A person seeking insurance under annum’’ each place it appears in paragraphs There being no objection, the bill was this section shall submit to the Secretary an (1) and (2) and inserting ‘‘Commissioners 1980 ordered to be printed in the RECORD, as application in writing for such insurance. Standard Ordinary Basic Table of Mortality ‘‘(2) The application of a person under follows: and interest at the rate of 5 per cent per paragraph (1) shall be submitted not later annum’’. S. 2209 than 10 years after the date of the release of (d) REVIEW OF APPLICABILITY OF MORTALITY Be it enacted by the Senate and House of Rep- the person from active military, naval, or air TABLES.—(1) The Secretary of Veterans Af- resentatives of the United States of America in service. Congress assembled, ‘‘(3)(A) Except as provided in subparagraph fairs shall, from time to time, evaluate the SECTION 1. SHORT TITLE. (B), the application of a person under para- standard ordinary table of mortality being This Act may be cited as the ‘‘Robert graph (1) shall be submitted not later than used for purposes of service disabled vet- Carey Service Disabled Veterans’ Insurance two years after the date on which the Sec- erans’ insurance under sections 1922 and Act of 2002’’. retary finds the service-connection for the 1922B of title 38, United States Code, in order to determine whether such table of mor- SEC. 2. ADDITIONAL PROGRAM OF SERVICE DIS- disability or disabilities of the person on ABLED VETERANS’ INSURANCE FOR which the application is based. tality continues to be suitable for such pur- VETERANS. ‘‘(B) In the case of a person shown by evi- poses. (a) IN GENERAL.—(1) Subchapter I of chap- dence satisfactory to the Secretary to have (2) If as the result of an evaluation under ter 19 of title 38, United States Code, is been mentally incompetent during any part paragraph (1) the Secretary determines that amended by inserting after section 1922A the of the two-year period otherwise applicable the standard ordinary table of mortality following new section: to the person under subparagraph (A), an ap- being used for purposes of insurance referred to in that paragraph is no longer suitable for ‘‘§ 1922B. Service disabled veterans’ insur- plication for insurance under this section such purposes, the Secretary shall submit to ance: level premium term insurance shall be filed not later than the earlier of— ‘‘(i) two years after a guardian for the per- the Committees on Veterans’ Affairs of the ‘‘(a) Subject to the provisions of this sec- son is appointed; or Senate and the House of Representatives a tion, any person described in subsection (b) ‘‘(ii) two years after the removal of such report setting forth that determination and shall, upon payment of premiums as provided disability or disabilities, as determined by including a recommendation for an alter- in subsection (f), be granted insurance by the the Secretary. native standard ordinary table of mortality United States against the death of such per- ‘‘(f)(1) Except as provided in paragraphs (2) to be used for such purposes. son occurring while such insurance is in and (3), a person insured under this section (e) REGULATIONS.—The Secretary of Vet- force. shall pay premiums for such insurance as de- erans Affairs shall prescribe regulations for ‘‘(b) A person described in this subsection termined under paragraph (4). purposes of administering section 1922B of is any person as follows: ‘‘(2) The provisions of section 1912 of this title 38, United States Code (as added by sub- ‘‘(1) A person insured under section 1922(a) title shall apply with respect to payment of section (a)), and for purposes of admin- of this title if such person applies for insur- premiums for insurance under this section. istering the amendments to section 1922 of ance under this section within the times pro- ‘‘(3) A person shall not be required to pay that title made by subsections (b) and (c). vided for under paragraphs (2) and (3) of sub- premiums for insurance under this section Such regulations shall take effect on October section (e). after attaining the age of 70 years. 1, 2003. ‘‘(2) A person (other than a person de- ‘‘(4) The premium rates for insurance (f) AUTHORIZATION OF APPROPRIATIONS FOR scribed in paragraph (1)) who— under this section shall be level, and shall be REVOLVING FUND.—There is hereby author- ‘‘(A) is released from active military, based on the Commissioners 1980 Standard ized to be appropriated for the Department naval, or air service, under other than dis- Ordinary Basic Table of Mortality and inter- of Veterans Affairs for the revolving fund es- honorable conditions; est at the rate of 5 per cent per annum. tablished pursuant to subsection (f)(5) of sec- ‘‘(B) is found by the Secretary to be suf- ‘‘(5) All premiums and other collections for tion 1922B of title 38, United States Code (as fering from a disability or disabilities for insurance under this section shall be cred- added by subsection (a) of this section), such which compensation would be payable if 10 ited directly to a revolving fund in the sums as may be necessary for purposes of per cent or more in degree; Treasury established for purposes of this sec- that section. ‘‘(C) except for the disability or disabilities tion, and any payments on such insurance (g) EFFECTIVE DATE.—The amendments referred to in subparagraph (B), would be in- shall be made directly from such fund. made by subsections (a) through (c) shall surable according to standards of good ‘‘(g)(1) Except as otherwise provided in this take effect on October 1, 2003. health established by the Secretary; and section, insurance under this section shall be ‘‘(D) has not attained the age of 65 years as issued on the same terms and conditions as By Mr. BIDEN (for himself, Mr. of the date of application for insurance under are contained in standard policies of Na- SANTORUM, Mr. KERRY, Mr. this section. tional Service Life Insurance, except that in- FRIST, Mr. SARBANES, Mr. ‘‘(c)(1) Insurance under this section for a surance issued under this section shall have person described in subsection (b)(1) is in ad- no loan value or extended values. CHAFFEE, and Mr. DEWINE): dition to the insurance of such person under ‘‘(2) All settlements on insurance under S. 2210. A bill to amend the Inter- section 1922(a) of this title and the insur- this section shall be paid in a lump sum. national Financial Institutions Act to ance, if any, of such person under section ‘‘(h) Insurance under this section may be provide for modification of the En- 1922A of this title. referred to as ‘Robert Carey Service Disabled hanced Heavily Indebted Poor Coun- ‘‘(2) A person deemed insured under section Veterans’ Insurance’.’’. tries (HIPC) Initiative; to the Com- 1922(b) of this title is not eligible for or enti- (2) The table of sections at the beginning of chapter 19 of that title is amended by insert- mittee on Foreign Relations. tled to insurance under this section. Mr. BIDEN. Madam President, I rise ‘‘(d)(1)(A) Subject to subparagraph (B) and ing after the item relating to section 1922A except as provided in paragraph (3), the the following new item: today, along with my colleague, Sen- amount for which a person described by sub- ‘‘1922B. Service disabled veterans’ insurance: ator SANTORUM, to introduce legisla- section (b)(1) is insured under this section level premium term insur- tion to reform the way we provide debt shall, at the election of the person, be— ance.’’. relief for the poorest nations of the April 18, 2002 CONGRESSIONAL RECORD — SENATE S2967 world. We are joined in this effort by Tragically, most of the countries position at the Bank and the Fund. If Senators KERRY, FRIST, SARBANES, with the greatest debt burdens are those reforms are adopted, an addi- CHAFEE, and DEWINE. among the worst victims of the HIV/ tional billion dollars a year of debt Earlier today, our friends from the AIDS epidemic. The resources needed service will be lifted from the poorest House, CHRIS SMITH, JOHN LAFALCE, in African countries in the fight nations. SPENCER BAUCUS, MAXINE WATERS, against HIV/AIDS are already beyond This weekend, the Bank and the BARNEY FRANK met with us to an- their reach. The burden of debt makes Fund will be meeting here in Wash- nounce the introduction of companion that fight even harder. ington, and I expect those very issues legislation on their side of the Hill. Two years ago, the United States will be under discussion. The legisla- Looking around at that group of peo- joined with the other members of the tion we are introducing today offers a ple, it would be fair to wonder what we IMF and the World Bank to reduce the way to achieve the original goals of all have in common. Some days, not debt burdens of the Heavily Indebted debt relief, and the goals of our own much. Today, however, what we have Poor Countries. The world’s churches foreign policy in the developing world. in common is a shared concern about led that fight, the Jubilee 2000 fight, to Common sense, and common decency, the fate of the men, women, and chil- undo some of the harm done by this should help us find some common dren in the poorest countries of the cycle of debt. I was proud to be part of ground to achieve those goals. The world. that effort. broad coalition of support this legisla- It is true that the war on terrorism The result was a real improvement in tion already enjoys tells me that we has brought home to us more clearly the debt situation of many countries. can succeed. than before that conditions of grinding Our experience with that program poverty in the rest of the world are ig- shows that the money we free up with By Mr. HUTCHINSON (for him- nored at our peril. Common sense tells debt relief really does go for the impor- self and Mr. CLELAND): us that our national security is at risk tant services the poor citizens of these S. 2211. A bill to amend title 10, in a world where millions of people countries really need. United States Code, to apply the addi- have little to live for, and are ripe for As a matter of fact, about 40 percent tional retired pay percentage for ex- the seductions of radical, even violent of the debt savings in those countries traordinary heroism to the computa- action against the desperate conditions is going for education, and 25 percent tion of the retired pay of enlisted mem- they face every day. for health care. bers of the Armed Forces who are re- As Tom Friedman has said in another But realistically, these countries will tired for any reason, and for other pur- context, if you don’t visit the bad still be stuck in a debt trap far into the poses; to the Committee on Armed neighborhoods, they will visit you. future. Services. But that cannot be the only reason In fact, just this week the Bank and Mr. HUTCHINSON. Madam Presi- that we all share a concern about pov- the Fund honestly admitted that under dent, I rise today to introduce the Her- erty in the underdeveloped countries of the current formula, many countries oism Pay Equality Act. This legisla- the world. All of the world’s great reli- will simply not reach a sustainable tion will restore fairness and equality gions charge us to look after each level of debt. James Wolfenson, Presi- to our country’s retired military re- other, and show special concern for dent of the World Bank, has said that servists who have been cited for ex- those who need it most. he is considering deeper debt relief to traordinary heroism, by affording them Common decency recoils at the con- achieve the goals of the existing HIPC the same entitlements offered to their ditions of disease and deprivation faced program. The legislation I am intro- active component counterparts. Cur- by others while we are so blessed with ducing today with Senator SANTORUM rent law awards members with between abundance here. will make success under that HIPC pro- 20 and 30 years of service who have Common sense, and common decency. gram more likely. been cited for extraordinary heroism in That is what brought us all together Specifically, for the many countries the line of duty an additional 10 per- today. facing a public health crisis, such as cent to their retirement pay for their Few things offend both common the HIV/AIDS epidemic, we say that no heroic acts. Typically, this equates to sense and common decency more than more than five percent of their budgets a service member who has received the the situations faced by the poor coun- should go to service their debt to the Medal of Honor, the Distinguished tries of the world who lack the re- international financial institutions. Service Cross, or the Navy Cross. Yet a sources to provide the most basic pub- For those who do not face such a crisis, service member who has been awarded lic health care and the most basic edu- debt service should exceed no more one of these medals, and whose retire- cation, but yet still send money to the than ten percent of their budget. ment eligibility was achieved in the international financial institutions es- While the existing HIPC program sets Reserves, is not recognized with the tablished by the wealthiest nations of a sustainable level of debt at 150 per- same benefit. the world. cent of a country’s income from ex- This bill erases this injustice, and is They send two billion dollars a year ports, our bill says that it is also im- offered in the spirit of fairness to the here to Washington, home of the World portant to measure the debt burden total force. The United States is in- Bank and the International Monetary against a country’s budget, as well. creasingly reliant on the Reserve com- Fund, and to the regional development That’s the best way to see the real im- ponent of the armed service to meet banks around the world, to pay interest pact on a country’s ability to meet its the challenges that face our military. on loans they have taken out over the own pressing domestic needs. Reserve and National Guard units have years, money that they desperately In fact, given the deep problems the served with distinction in Bosnia, need for basic human services. eligible nations have with trade—most Kosovo, the Middle East, and are doing We set up those institutions to pro- of them export basic commodities so today in Afghanistan and countless mote conditions for global economic whose prices have been declining— locations across the United States as growth and stability, and to promote using export income should not be the part of our global war on terrorism. economic development. And they do sole basis for determining their ability The additional pay for heroic acts is many good things. But the blessings to pay. The HIPC program currently awarded for the act itself and has noth- that came when those loans went out assumes that the eligible countries will ing to do with the component in which to poor countries in many cases have enjoy much higher growth in that ex- retirement eligibility was achieved. turned into a curse. Now many of those port income than they have ever been Thus, to honor our Nation’s military countries are stuck in a debt trap, able to achieve. That is a formula for reservists, I urge my colleagues on where payments to simply service the disappointment. both sides of the aisle to support this interest on those loans weaken their Deeper debt relief, more sustainable legislation. ability to provide the kind of essential debt levels, measured by a country’s I ask unanimous consent that the public services needed for basic human actual ability to pay as a share of its text of the legislation, which Senator existence, much less sustainable eco- budget, that is what our legislation CLELAND and I are introducing today, nomic growth. would establish as the U.S. negotiating be printed in the RECORD. S2968 CONGRESSIONAL RECORD — SENATE April 18, 2002 There being no objection, the bill was ‘‘(b) COMPUTATION OF RETIRED PAY.—(1) a year to the 1,400 tribal accounts. It ordered to be printed in the RECORD, as The retired pay to which a member is enti- manages income from more than follows: tled under this section shall be computed 100,000 active leases for tribes and indi- under section 1401 of this title. S. 2211 vidual Indians. ‘‘(2) If an enlisted member entitled to Be it enacted by the Senate and House of Rep- monthly retired pay under this section has Indian tribes depend on the revenues resentatives of the United States of America in been credited by the Secretary concerned from these trust assets to provide basic Congress assembled, with extraordinary heroism in the line of governmental services. IIM account SECTION 1. EXPANDED APPLICABILITY OF ADDI- duty, the member’s retired pay shall be in- holders are often living at, or near, the TIONAL RETIRED PAY FOR EX- creased by 10 percent of the amount deter- poverty level, and they rely on these TRAORDINARY HEROISM. mined under section 1401 of this title (but to (a) ARMY.—Section 3991(a)(2) of title 10, revenues for basic essentials such as not more than 75 percent of the retired pay United States Code, is amended— housing, food, and transportation. The base upon which the computation of such re- (1) by striking ‘‘If a member who is retired manner in which trust assets and trust tired pay is based).’’. under section 3914 of this title’’ and inserting funds are managed by the Department (e) APPLICABILITY.—The amendments made ‘‘If an enlisted member entitled to monthly by this section shall not apply with respect has very real impacts on the lives of retired pay under this subtitle’’; and to months beginning on or before the date of hundreds of thousands of Indian people (2) by inserting after the first sentence the the enactment of this Act. every day. All too often, those impacts following new sentence: ‘‘The first sentence does not apply with respect to retired pay are not positive. By Mr. MCCAIN (for himself, Mr. computed under section 12733 of this title.’’. The administration and management (b) NAVY AND MARINE CORPS.—(1) Chapter DASCHLE, and Mr. JOHNSON): of individual Indian trust assets and 571 of such title is amended by inserting S. 2212. A bill to establish a direct funds are extremely difficult due to the after section 6334 the following new section: line of authority for the Office of Trust problem of fractionated heirship of ‘‘§ 6334a. Computation of retired pay: addi- Reform Implementations and Oversight lands that are a continuing legacy of tional 10 percent for enlisted members to oversee the management and reform the misguided and discredited allot- credited with extraordinary heroism of Indian trust funds and assets under ment policies of the late nineteenth ‘‘If an enlisted member entitled to month- the jurisdiction of the Department of and early twentieth centuries. Today, ly retired pay under this subtitle has been the Interior and to advance tribal man- the Department and individual Indians credited by the Secretary of the Navy with agement of such funds and assets, pur- extraordinary heroism in the line of duty, are left with the nightmare of 1.4 mil- the member’s retired pay shall be increased suant to the Indian Self-Determina- lion fractional interests of two percent by 10 percent of the amount determined tions Act and for other purposes; to the or less involving 58,000 tracts of indi- under section 6333 or 6334 of this title, as the Committee on Indian Affairs. vidually owned trust and restricted case may be, but to not more than 75 percent Mr. MCCAIN. Madam President, lands, each of which requires adminis- of the retired pay base upon which the com- today I am introducing a discussion tration and often provides nothing but putation of such retired pay is based. The bill intended to provide the basis for frustration in return for all involved. first sentence does not apply with respect to further reform of the administration For some of these accounts, it may retired pay computed under section 12733 of and management of the assets and this title. The Secretary’s determination as cost more to print and mail statements to extraordinary heroism is conclusive for funds held by the United States in annually than the assets themselves all purposes.’’. trust for federally recognized Indian are worth. A lasting solution needs to (2) The table of sections at the beginning of tribes and individual Indians. I’m be found that reconsolidates these as- such chapter is amended by adding at the pleased to be joined by my two distin- sets under Indian ownership. end the following new item: guished colleagues from South Dakota, Many of my colleagues are familiar ‘‘6334a. Computation of retired pay: addi- Senators DASCHLE and JOHNSON. with the never-ending stream of GAO tional 10 percent for enlisted As a result of over 300 treaties and an reports, news accounts, and hearings members credited with extraor- extensive course of dealings between dinary heroism.’’. detailing the deplorable history of the the United States and Indian tribes, Federal effort to manage these trust (c) AIR FORCE.—Section 8991(a)(2) of title 10, United States Code, is amended— the Federal Government holds the funds. Far less is known about the con- (1) by striking ‘‘If a member who is retired legal title to lands held in trust for In- dition of trust assets and the history of under section 8914 of this title’’ and inserting dian tribes and individual tribal mem- their management. However, it doesn’t ‘‘If an enlisted member entitled to monthly bers. The revenues derived from the use take very long to recognize that the retired pay under this subtitle’’; and of these lands and the resources found problem of mismanagement extends far (2) by inserting after the first sentence the on trust lands, along with the proceeds beyond trust funds to the lands and re- following new sentence: ‘‘The first sentence from claims that have arisen from the sources that generate most of the does not apply with respect to retired pay wrongful taking or the loss of use of computed under section 12733 of this title.’’. funds. The Interior Department cannot (d) DISABILITY RETIREMENT.—(1) Section the assets, comprise the funds that are provide accurate information on the 1201 of such title is amended— held in trust by the United States for number of leases on Indian lands for (A) in subsection (a), by striking ‘‘, with the benefit of individual Indians and any purpose or the amount of revenues retired pay computed under section 1401 of Indian tribes. that should be attributed to any parcel this title,’’; and Today, the United States maintains of trust land despite repeated attempts (B) by adding at the end the following new approximately 1,400 trust fund ac- to develop the necessary database and subsection: counts for 315 Indian tribes with funds ‘‘(d) COMPUTATION OF RETIRED PAY.—(1) record keeping systems. In addition, The retired pay to which a member is enti- in excess of $2.6 billion, and over 260,000 the records for some lands and trust tled under this section shall be computed individual Indian money, IIM, accounts accounts have been lost or destroyed under section 1401 of this title. with about $400 million in funds. Ap- for entire time periods. ‘‘(2) If an enlisted member entitled to proximately 45 million acres of land In 1994, the Congress enacted the monthly retired pay under this section has are held in trust by the United States American Indian Trust Fund Manage- been credited by the Secretary concerned for the benefit of Indian tribes and ment Reform Act. This law was in- with extraordinary heroism in the line of about 11 million acres are held in trust tended to bring about a series of major duty, the member’s retired pay shall be in- creased by 10 percent of the amount deter- for individual Indians. These lands con- reforms in the management of Indian mined under section 1401 of this title (but to tain vast amounts of minerals, coal, oil trust funds and assets under the aus- not more than 75 percent of the retired pay and gas, water, forest resources, and pices of a Special Trustee in the Inte- base upon which the computation of such re- agricultural resources. rior Department. Some positive tired pay is based).’’. These funds, lands, and resources changes have occurred. Most trust ac- (2) Section 1202 of such title is amended— comprise the trust estate held by the count holders now receive regular (A) by inserting ‘‘(a) RETIREMENT.—’’ be- United States for the benefit of tribes statements on their accounts. Most of fore the text of such section; and individual Indians. The Interior (B) by striking ‘‘with retired pay computed the revenues derived from Indian trust under section 1401 of this title’’ and inserting Department distributes leasing and assets are now posted to the correct ac- ‘‘and pay retired pay to the member.’’; and sales revenues of $300 million per year count in a reasonable period of time. (C) by adding at the end the following new to more than 225,000 individual Indian However, the major structural re- subsection: money accounts and about $800 million forms that were called for in the 1994 April 18, 2002 CONGRESSIONAL RECORD — SENATE S2969 Act have not been achieved. It is still gation that has been in the Federal lack of accountability in the Interior not possible to tell with complete cer- District Court for the District of Co- Department and strongly recommended tainty what tribal lands and resources lumbia since 1997. This litigation in- the designation of one official who will are leased and what revenues are gen- volves the individual trust accounts ultimately be responsible for the man- erated from all tribal lands and re- and seeks an accounting of the funds agement of the trust funds and assets. sources. The original intent of the 1994 managed by the Departments of the In- This bill addresses this issue by es- Act was for the Special Trustee to go terior and Treasury since 1887. Past tablishing the Office of Trust Manage- out of business after completing a plan failures to reconcile accounts led to ment and Reform in the Department of for the restructuring of the day-to-day contempt orders against former Secre- the Interior. This office will be under management of tribal and individual taries Babbitt and Rubin. Judge the authority of a Deputy Secretary trust funds and assets. Lamberth is currently considering con- who will report directly to the Sec- The Special Trustee did develop a tempt orders against Secretary Norton retary and who will oversee the work plan that called for the creation of a and Assistant Secretary McCaleb for of the Assistant Secretary for Indian government sponsored enterprise to actions they have taken or have failed Affairs, the special Trustee, the Direc- take control of the entire Indian trust to take with regard to these trust tor of the Minerals Management Serv- estate and manage it. The tribes and funds and for misleading the court ice and the Director of the Bureau of individual beneficiaries of the trust about what is actually being done. Land Management with regard to trust were nearly unanimous in their con- Indian leaders across the country funds and trust assets. demnation and rejection of this plan. have condemned Secretary Norton’s I am certain that many of my col- The 1994 Act also established a proce- proposal to establish BITAM and have leagues who are concerned about this dure through which tribes can with- since offered a variety of alternative issue will join me in ensuring that can- draw their trust funds from federal proposals. As I understand it, while the didates nominated by the President for trust and manage them directly. Only Secretary is working with tribal lead- the Deputy Secretary position are not a few tribes have taken this course. ers to evaluate different options pro- only qualified in financial manage- The Interior Department has not en- posed by the tribes, the BITAM pro- ment, natural resource management, couraged tribes to withdraw their posal remains the Department’s pre- and federal Indian policy, but also are funds and the tribes have been reluc- ferred option. widely supported by the tribal commu- tant to do so for the simple reason that Representatives of the Tribes have nity. the federal trust is terminated by the been working on a range of possible re- The new Deputy Secretary will be act of withdrawing the funds. Anyone forms through a special Task Force es- the person ultimately responsible for who is familiar with the devastation tablished by Secretary Norton at their the overall management of these funds brought about by the various efforts request. We have been in contact with and assets. The Deputy Secretary will over the years to terminate the unique members of the Task Force and am have the authority to require the Spe- relationship between the tribes and the somewhat heartened by the fact that cial Trustee and the Assistant Sec- Federal Government will not be sur- they believe they are making real retary for Indian Affairs, along with prised by the lack of success in the im- progress toward meaningful reforms. the Directors of the Bureau of Land plementation of this part of the 1994 The bill we are introducing is not in- Management and the Minerals Manage- Act. tended to undermine that process, but ment Service, to take the steps nec- The 1994 Act also called for the com- will hopefully assist it. In any event, essary to put into place the changes pletion of audits of all individual and we must give careful consideration to needed to ensure the proper adminis- tribal trust fund accounts. After years the recommendations the Task force tration and management of the trust of effort and the expenditure of mil- ultimately develops and try to act on funds and assets. The Deputy Secretary lions of dollars, in 1997, the Interior De- them at the appropriate time. I believe will be appointed by the President, sub- partment finally provided the tribal Senators DASCHLE and JOHNSON would ject to the advice and consent of the account holders with a ‘‘reconcili- join me in urging the Department to Senate, for a term of six years and may ation’’ of their accounts. These rec- continue to work with the Task Force only be removed for cause. This should onciliation reports only covered a as it completes its work in the months give the Deputy Secretary the inde- small fraction of the years the ac- ahead. pendence necessary to bring about counts have been maintained and the Even as we monitor these develop- meaningful reform, while still ensuring reports were not audits as was required ments, I, and many others in Congress, accountability. by the 1994 Act. Some tribes accepted continue to be concerned about the fu- The current Tribal task force work- the results of the reconciliation of ture management of trust funds and as- ing with the Secretary is considering a their accounts. Most did not. None of sets. We believe that further reform is structure for the management of In- the IIM accounts were reconciled and necessary and that it must comport dian affairs that would elevate all of have not been to this day, despite the with the Interior Department’s trust the current responsibilities of the As- requirements of the 1994 Act. There are responsibility at the same time that it sistant Secretary for Indian Affairs, no plans to comply with the mandate advances the self-determination poli- the Special Trustee, and the Deputy of the 1994 Act for an actual accounting cies that have been so successful in the Commissioner, to the Deputy Sec- for any of the trust fund accounts. Con- past 30 years. The status quo is simply retary level in the Department. We ducting such an accounting would be not acceptable. look forward to learning more about difficult due to the lack of records. But Just to reinforce our intent, the bill the scope of the Task Force proposal it can be accomplished and every rea- we are introducing today is not in- and its costs or cost savings. As nec- sonable effort should be made to make tended to be the ultimate solution to essary, this bill can be modified to ac- sure this important work gets done the problems that have been revealed commodate such a proposal if the Task soon. in the management of the trust funds Force concludes that doing so would be Last fall, Secretary Norton unveiled and trust assets. However, we believe it appropriate. a proposal to take all of the trust fund critical to the on-going reform process This Task Force has served an impor- and asset management functions out of to introduce a bill that focuses on two tant role to the tribes in working with the Bureau of Indian Affairs, in order elements that are important to achiev- the Department on these matters and to vest them in a new Bureau of Indian ing a lasting reform in the manage- many would like to see its function Trust Asset Management, BITAM. This ment of these funds and assets. continue as a collaborative component proposal is estimated to have a price First, the bill will establish a direct to the Department’s management. In tag of about $300 million in its first line-of-authority over the management order to ensure a continuing role for year or two. of the trust funds and trust assets at the tribes in the day-to-day activities Secretary Norton’s proposal was in- the highest levels within the Depart- of the Department with respect to the tended to respond to the short-comings ment. Judge Lamberth, and other over- management of the trust funds and the of the 1994 Act and the orders of Judge sight agencies such as the General Ac- trust assets, this bill amends the 1994 Lamberth in the Cobell v. Norton liti- counting Office, have lamented the Act to provide that the advisory board S2970 CONGRESSIONAL RECORD — SENATE April 18, 2002 that was established to assist the Spe- This bill does not deal with the issues SECTION 1. SHORT TITLE. cial Trustee will be reconstituted and of the past. It does not address con- This Act may be cited as the ‘‘Indian Trust continue as an advisory board for the cerns about claims for past mis- Asset and Trust Fund Management and Re- Deputy Secretary. The composition of management. It does not deal with the form Act of 2002’’. the advisory board is broad enough to need for an accounting of tribal and in- SEC. 2. DEPUTY SECRETARY FOR TRUST MAN- AGEMENT AND REFORM. enable the Deputy Secretary to include dividual trust funds. It does not deal (a) DEFINITIONS.—Section 2 of the Amer- members with expertise in the areas of with the condition of the trust lands ican Indian Trust Fund Management Reform trust fund management, investment, and assets. These are all very serious Act of 1994 (25 U.S.C. 4001) is amended— and related responsibilities of the Dep- matters. (1) in paragraph (1), by striking ‘‘(1) The uty Secretary. My purpose is not to avoid these term’’ and inserting the following: The other major feature of the bill is issues or indicate any disregard for ‘‘(8) SPECIAL TRUSTEE.—The term’’; the focus on the successful policy of them. Rather, we are simply trying to (2) in paragraph (2), by striking ‘‘(2) The self-determination. Any fair review of find a way to move forward on a more term’’ and inserting the following: Federal Indian policy over the course ‘‘(4) INDIAN TRIBE.—The term’’; constructive basis. Representatives of (3) in paragraph (3), by striking ‘‘(3) The of the last century will point to the the tribes have been working on a way term’’ and inserting the following: policies of termination and assimila- to move forward on these issues a more ‘‘(7) SECRETARY.—The term’’; tion through allotment as abject fail- constructive basis. We must give care- (4) in paragraph (4), by striking ‘‘(4) The ures. Many of the most intractable ful consideration to the recommenda- term’’ and inserting the following: problems the tribes and federal policy tions they develop and try to act on ‘‘(5) OFFICE.—The term’’; makers wrestle with today stem from them at the appropriate time. (5) in paragraph (5), by striking ‘‘(5) The the wreckage caused by these mis- Both the House and the Senate re- term’’ and inserting the following: guided policies of the past. cently passed S. 1857 to deal with the ‘‘(1) BUREAU.—The term’’; On the other hand, the policy of self- (6) in paragraph (6), by striking ‘‘(6) The statute of limitations on past claims term’’ and inserting the following: determination, which was first pro- for mismanagement of the tribal trust ‘‘(2) DEPARTMENT.—The term’’; posed by President Nixon in 1971, has funds. Judge Lamberth is considering (7) by adding at the end the following: shown itself to be the single most suc- remedies for mismanagement of the in- ‘‘(3) DEPUTY SECRETARY.—The term ‘Dep- cessful Federal Indian policy in the dividual Indian trust funds. Secretary uty Secretary’ means the Deputy Secretary history of our Nation. The reasons for Norton has established the Office of for Trust Management and Reform appointed this success are many, but the core Historical Trust Accounting to try to under section 307(a)(2). reason is one we can all recognize and produce an accounting for the indi- ‘‘(6) REFORM OFFICE.—The term ‘Reform Of- relate to: self-determination involves fice’ means the Office of Trust Reform Im- vidual funds. We need to monitor all of plementation and Oversight established by Indian people directly in identifying these efforts and be prepared to enact section 307(e).’’; and defining the problems facing the additional legislation if necessary and (8) by moving paragraphs (1) through (8) (as tribes, and more importantly, it em- if sought by the tribes. redesignated by this subsection) so as to ap- powers them to implement the solu- We are hopeful that we can build on pear in numerical order; and tions they know will work best. Put- the modest successes realized under the (9) by adding at the end the following: ting it in slightly different terms, the 1994 Act by providing greater account- ‘‘(9) TRUST ASSETS.—The term ‘trust as- self-determination policy recognizes ability in the Department of the Inte- sets’ means all tangible property including the fact that the government closest to land, minerals, coal, oil and gas, forest re- rior and recognizing the fact that the sources, agricultural resources, water and the people is the best government to tribes must be involved as active par- water sources, and fish and wildlife held by recognize and resolve local problems. ticipants in the management and ad- the Secretary for the benefit of an Indian Indian policy made by the Federal Gov- ministration of the trust funds and as- tribe or an individual member of an Indian ernment for the Federal Government sets without the threat of termination tribe pursuant to Federal law. has never worked and never will work. of the trust responsibility. It took over ‘‘(10) TRUST FUNDS.—The term ‘trust funds’ Indian policy made by the tribal gov- 100 years to create the problems we means all funds held by the Secretary for the ernments with appropriate Federal as- now confront with the Indian trust benefit of an Indian tribe or and individual member of an Indian tribe pursuant to Fed- sistance has shown that it does work. funds and assets. The Indian people did Portions of the 1994 Act and Sec- eral law.’’. not create these problems. The Federal (b) DEPUTY SECRETARY FOR TRUST MANAGE- retary Norton’s BITAM proposal have Government did. It is going to take MENT AND REFORM.—Title III of the Amer- some things in common. In varying de- many more years to resolve the prob- ican Indian Trust Fund Management Reform grees, both are attempts by the Federal lems. The 1994 Act was a step in the Act of 1994 (25 U.S.C. 4041 et seq.) is amended Government to make Indian policy for right direction. We believe this bill can by adding at the end the following: the federal government. Neither pro- lead to further progress through great- ‘‘SEC. 307. DEPUTY SECRETARY FOR TRUST MAN- vides a proper role for tribal govern- er accountability and direct involve- AGEMENT AND REFORM. ments. This bill provides a framework ment of those who have the most at ‘‘(a) ESTABLISHMENT.— ‘‘(1) IN GENERAL.—There is established by which tribes can become more in- stake, the tribes and Indian people. volved in the day-to-day management within the Department the position of Dep- Once again, Senators Daschle, John- uty Secretary for Trust Management and Re- of their trust assets and trust funds son and I propose this legislation as a form. through the Indian Self-Determination vehicle for discussion for all those con- ‘‘(2) APPOINTMENT AND REMOVAL.— Act. It does not dismantle the BIA. It cerned with ending decades of mis- ‘‘(A) APPOINTMENT.—The Deputy Secretary does provide a foundation for the management of Indian trust funds and shall be appointed by the President, by and tribes, the Department, and the Con- trust assets. We look forward to receiv- with the advice and consent of the Senate. gress to develop and implement mean- ing comments on this legislation and ‘‘(B) TERM.—The Deputy Secretary shall be ingful reform over the next several call on our friend, the chairman of the appointed for a term of 6 years. years. Every major provision of this ‘‘(C) REMOVAL.—The Deputy Secretary Committee on Indian Affairs, to use may be removed only for good cause. bill is based on solutions that have this bill as the basis for hearings on ‘‘(3) ADMINISTRATIVE AUTHORITY.—The Dep- been proposed by the tribes. these matters when the committee is uty Secretary shall report directly to the The bill builds on the concept of ben- prepared to do so. Secretary. eficiary co-management of trust funds I ask that the bill and a section-by- ‘‘(4) COMPENSATION.—The Deputy Secretary and assets. This is not a new idea. It section summary of the bill be printed shall be paid at a rate determined by the was advanced by the tribes in the 1980’s in the RECORD. Secretary to be appropriate for the position, and 1990’s. It is embodied in the Indian There being no objection, the mate- but not less than the rate of basic pay pre- Forest Resources Management Act rial was ordered to be printed in the scribed for Level II of the Executive Sched- that Congress enacted in 1990 and the ule under section 5313 of title 5, United RECORD, as follows: States Code. Indian Agricultural Resources Manage- S. 2212 ‘‘(b) DUTIES.—The Deputy Secretary ment Act enacted in 1994. It is implicit Be it enacted by the Senate and House of Rep- shall— in the Indian Self-Determination Act resentatives of the United States of America in ‘‘(1) oversee all trust fund and trust asset and it is a proven formula for progress. Congress assembled, matters of the Department, including— April 18, 2002 CONGRESSIONAL RECORD — SENATE S2971 ‘‘(A) administration and management of ‘‘(I) enter into contracts and compacts SEC. 3. INDIAN PARTICIPATION IN TRUST FUND the Reform Office; and under section 102 of the Indian Self-Deter- ACTIVITIES. ‘‘(B) financial and human resource matters mination Act (25 U.S.C. 450f) or section 403 of Title II of the American Indian Trust Fund of the Reform Office; and the Indian Self Determination and Education Management Reform Act of 1994 (25 U.S.C. ‘‘(2) engage in appropriate government-to- Assistance Act (25 U.S.C. 458cc) to provide 4021 et seq.) is amended— government relations and consultations with for the management of trust assets and trust (1) by striking sections 202 and 203; and Indian tribes and individual trust asset and funds by Indian tribes pursuant to a Trust (2) by inserting after section 201 the fol- trust fund account holders on matters in- Fund and Trust Asset Management and Mon- lowing: volving trust asset and trust fund manage- itoring Plan developed under section 202 of ‘‘SEC. 202. PARTICIPATION IN TRUST FUND AND ment and reform within the Department. this Act. TRUST ASSET MANAGEMENT ACTIVI- TIES BY INDIAN TRIBES. ‘‘(c) STAFF.—In carrying out this section, ‘‘(f) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(a) PLANNING PROGRAM.—To meet the pur- the Deputy Secretary may hire such staff There are authorized to be appropriated such poses of this title, a 10-year Indian Trust having expertise in trust asset and trust fund sums as are necessary to carry out this sec- Fund and Trust Asset Management and Mon- management, financial organization and tion.’’. itoring Plan (in this section referred to as management, and tribal policy as the Deputy the ‘Plan’) shall be developed and imple- Secretary determines is necessary to carry (c) ADVISORY BOARD.— mented as follows: out this section. (1) IN GENERAL.—Section 306 of the Amer- ‘‘(1) Pursuant to a self-determination con- ‘‘(d) EFFECT ON DUTIES OF OTHER OFFI- ican Indian Trust Fund Management Reform tract or compact under section 102 of the In- CIALS.— Act of 1994 (25 U.S.C. 4046) is amended to read dian Self-Determination Act (25 U.S.C. 450f) ‘‘(1) IN GENERAL.—Except as provided in as follows: or section 403 of the Indian Self Determina- paragraph (2), nothing in this section shall ‘‘SEC. 306. ADVISORY BOARD. tion and Education Assistance Act (25 U.S.C. be construed to diminish any responsibility 458cc), an Indian tribe may develop or imple- or duty of the Assistant Secretary of the In- ‘‘(a) ESTABLISHMENT AND MEMBERSHIP.— ment a Plan. Subject to the provisions of terior for Indian Affairs or the Special Trust- Notwithstanding any other provision of law, paragraphs (3) and (4), the tribe shall have ee relating to any duty of the Assistant Sec- the Deputy Secretary described in section broad discretion in designing and carrying retary or Special Trustee established under 307 shall establish an advisory board to pro- out the planning process. this Act or any other provision of law. vide advice on all matters within the juris- ‘‘(2) To include in a Plan particular trust ‘‘(2) TRUST ASSET AND TRUST FUND MANAGE- diction of the Office of Trust Reform. The funds or assets held by multiple individuals, MENT AND REFORM.—Notwithstanding any advisory board shall consist of 9 members, an Indian tribe shall obtain the approval of other provision of law, the Deputy Secretary appointed by the Deputy Secretary after a majority of the individuals who hold an in- shall have overall management and over- consultation with Indian tribes and appro- terest in any such trust funds or assets. sight authority on matters of the Depart- priate Indian organizations, of which— ‘‘(3) The Plan shall be submitted to the ment relating to trust asset and trust fund ‘‘(1) 5 members shall represent trust fund Secretary for approval pursuant to the In- management and reform. account holders, including both tribal and dian Self-Determination Act (25 U.S.C. 450f ‘‘(e) OFFICE OF TRUST REFORM IMPLEMENTA- Individual Indian Money accounts; ‘‘(2) 2 members shall have practical experi- et seq.). TION AND OVERSIGHT.— ‘‘(4) If a tribe chooses not to develop or im- ‘‘(1) ESTABLISHMENT.—There is established ence in trust fund and financial manage- ment; plement a Plan, the Secretary shall develop within the Office of the Secretary the Office or implement, as appropriate, a Plan in close of Trust Reform Implementation and Over- ‘‘(3) 1 member shall have practical experi- ence in fiduciary investment management; consultation with the affected tribe. sight. ‘‘(5) Whether developed directly by the ‘‘(2) REFORM OFFICE HEAD.—The Reform Of- and ‘‘(4) 1 member, from academia, shall have tribe or by the Secretary, the Plan shall— fice shall be headed by the Deputy Secretary. ‘‘(A) determine the amount and source of ‘‘(3) DUTIES.—The Reform Office shall— knowledge of general management of large organizations. funds held in trust; ‘‘(A) supervise and direct the day-to-day ‘‘(B) identify and prepare an inventory of activities of the Assistant Secretary of the ‘‘(b) TERM.—Each member shall serve a all trust assets; Interior for Indian Affairs, the Special Trust- term of 2 years. ‘‘(C) identify specific tribal goals and ob- ee, the Director of the Bureau of Land Man- jectives; agement, and the Director of the Minerals ‘‘(c) FACA.—The advisory board shall not be subject to the Federal Advisory Com- ‘‘(D) establish management objectives for Management Service, to the extent they ad- the funds and assets held in trust; minister or manage any Indian trust assets mittee Act.’’. (2) PREVIOUS ADVISORY BOARD.—The advi- ‘‘(E) define critical values of the Indian or funds; tribe and its members and provide identified ‘‘(B) administer, in accordance with title sory board authorized under section 306 of the American Indian Trust Fund Manage- management objectives; II, all trust properties, funds, and other as- ‘‘(F) identify actions to be taken to reach sets held by the United States for the benefit ment Reform Act of 1994 (25 U.S.C. 4046) as in effect on the day before the date of enact- established objectives; of Indian tribes and individual members of ‘‘(G) use existing survey documents, re- Indian tribes; ment of this Act shall terminate on the date of enactment of this Act. ports and other research from Federal agen- ‘‘(C) require the development and mainte- cies, tribal community colleges, and land nance of an accurate inventory of all trust (d) CONFORMING AMENDMENTS.— grant universities; and funds and trust assets; (1) Section 302 of the American Indian ‘‘(H) be completed within 3 years of the ini- ‘‘(D) ensure the prompt posting of revenue Trust Fund Management Reform Act of 1994 tiation of activity to establish the Plan. derived from a trust fund or trust asset for (25 U.S.C. 4042) is amended— ‘‘(b) MANAGEMENT AND ADMINISTRATION.— the benefit of each Indian tribe (or indi- (A) in the second sentence of subsection Plans developed and approved under sub- vidual member of each Indian tribe) that (a), by striking ‘‘who shall’’ and inserting section (a) shall govern the management and owns a beneficial interest in the trust fund ‘‘who, except as provided in subsection (b)(3), administration of funds and assets held in or trust asset; shall’’; and trust by the Bureau and the Indian tribal ‘‘(E) ensure that monthly statements of ac- (B) in subsection (b), by adding at the end government. counts are provided to all trust fund account the following: ‘‘(c) NO TERMINATION REQUIREMENT.—In- holders; ‘‘(3) TRUST FUND MANAGEMENT.—The Spe- dian tribes implementing an approved Plan ‘‘(F) ensure that all trust fund accounts cial Trustee shall report directly to the Dep- shall not be required to terminate the trust are audited at least annually, and more fre- uty Secretary with respect to matters relat- relationship in order to implement such quently as determined to be necessary by the ing to trust fund management and reform.’’. Plan. Deputy Secretary; (2) Section 303 of the American Indian ‘‘(d) PLAN DOES NOT TERMINATE TRUST.— ‘‘(G) ensure that the Assistant Secretary of Trust Fund Management Reform Act of 1994 Developing or implementing a Plan shall not the Interior for Indian Affairs, the Special (25 U.S.C. 4043) is amended— be construed or deemed to constitute a ter- Trustee, the Director of the Bureau of Land (A) by striking subsection (a); mination of the trust status of the assets or Management, and the Director of the Min- (B) in subsection (b)(1), by striking ‘‘The funds that are included in, or subject to, the erals Management Service provide to the Special Trustee’’ and inserting ‘‘Except as Plan. Secretary current and accurate information provided in section 307(d), the Special Trust- ‘‘(e) LIABILITY.—An Indian tribe managing relating to the administration and manage- ee’’; and administering trust funds and trust as- ment of trust funds and trust assets; (C) in subsection (c)(5)(A), by striking ‘‘or sets in a manner that is consistent with a ‘‘(H) provide for regular consultation with which is charged with any responsibility Plan shall not be liable for waste or loss of trust fund account holders on the adminis- under the comprehensive strategic plan pre- an asset or funds that are included in such tration of trust funds and trust assets to en- pared under subsection (a) of this section,’’; Plan. sure, to the maximum extent practicable in (D) by striking subsection (f); and ‘‘(f) INDIAN PARTICIPATION IN MANAGEMENT accordance with applicable law, the greatest (E) by redesignating subsections (b) ACTIVITIES.— return on those funds and assets for the trust through (e) as subsections (a) through (d), re- ‘‘(1) TRIBAL RECOGNITION.—The Secretary fund account holders; and spectively. shall conduct all management activities of S2972 CONGRESSIONAL RECORD — SENATE April 18, 2002

funds and assets held in trust in accordance Management Reform Act of 1994 (25 U.S.C. SECTION 3. INDIAN PARTICIPATION IN TRUST with goals and objectives set forth in a Plan 4001) is amended to add new definitions for FUND ACTIVITIES approved pursuant to and in accordance with the terms ‘‘Deputy Secretary,’’ ‘‘Reform Of- Section 3 amends the 1994 Act by striking all tribal laws and ordinances, except in spe- fice,’’ ‘‘Trust Assets,’’ and ‘‘Trust Funds,’’ Sections 202 and 203 of the Act relating to cific instances where such compliance would and to redesignate the paragraphs of Section the withdrawal of trust funds and the termi- be contrary to the trust responsibility of the 2 of the 1994 Act. nation of the trust responsibility. It inserts United States. Paragraph (b) of this section amends Title a new Section 202 to provide for the develop- ‘‘(2) TRIBAL LAWS.— III of the 1994 Act by adding provisions to es- ment and implementation of Indian Trust ‘‘(A) IN GENERAL.—Unless otherwise prohib- tablish the position of Deputy Secretary for Fund and Trust Asset Management and Mon- ited by Federal law, the Secretary shall com- Trust Management and Reform in the De- itoring Plans by the Secretary and Indian ply with tribal law pertaining to the man- partment of the Interior. The Deputy Sec- tribes pursuant to the Indian Self-Deter- agement of funds and assets held in trust. retary will be appointed by the President, mination Act. Indian tribes are to be af- with the advice and consent of the Senate, ‘‘(B) DUTIES.—The Secretary shall— forded broad discretion in designing and car- ‘‘(i) provide assistance in the enforcement for a term of six years and may only be re- rying out the planning process. Funds and of tribal laws described in subparagraph (A); moved for cause. The Deputy Secretary will assets held in trust for multiple individuals ‘‘(ii) provide notice of such tribal laws to report directly to the Secretary and will be may be included in a Tribal Plan with the persons or entities dealing with tribal funds responsible for the oversight of all trust fund consent of a majority of the individuals who and trust asset administration and manage- and assets held in trust; and hold an interest in any such assets or funds. ment, including consultation with Indian ‘‘(iii) upon the request of an Indian tribe, If a Tribe chooses not to develop or imple- tribes and individual Indian trust asset and require appropriate Federal officials to ap- ment a plan, the Secretary is required to do trust fund account holders. pear in tribal forums. so in close consultation with the affected This section authorizes the Deputy Sec- Tribe. ‘‘(3) WAIVER OF REGULATIONS.—In any case retary to hire staff in the Reform Office with Each plan is required to: determine the in which a regulation or administrative pol- expertise in trust fund and asset manage- amount and source of funds held in trust; icy of the Department of the Interior con- ment, financial organization and manage- identify and prepare an inventory of all trust flicts with the objectives of the Plan, or with ment and tribal policy. The existing respon- assets; identify specific tribal goals and ob- a tribal law, the Secretary may waive the sibilities of the Assistant Secretary for In- jectives; establish management objectives application of such regulation or administra- dian Affairs and the Special Trustee would for the funds and assets held in trust; define tive policy unless such waiver would con- not be affected by the duties of the Deputy the critical values of the Indian tribe and stitute a violation of a Federal statute or ju- Secretary, except that each will be required provide identified management objectives; dicial decision or would conflict with the to report to the Deputy Secretary on mat- use existing surveys, reports and other re- Secretary’s trust responsibility under Fed- ters involving trust funds and trust assets. search from Federal agencies, tribal commu- eral law. This section also provides for the estab- nity colleges and land grant universities; ‘‘(4) SOVEREIGN IMMUNITY.—This section lishment of the Office of Trust Reform Im- and, be completed within three years after does not constitute a waiver of the sovereign plementation and Oversight which shall be the start of activity to establish a plan. immunity of the United States, nor does it headed by the Deputy Secretary and which Approved plans will govern the manage- authorize tribal justice systems to review ac- will be responsible for the supervision of the ment and administration of funds and assets tions of the Secretary. day-to-day activities of the Assistant Sec- held in trust by the Secretary and the Indian ‘‘(5) TRUST RESPONSIBILITY.—Nothing in retary, the Special Trustees, the Director of Tribes. The development and implementa- this section shall be construed to diminish or the Bureau of Land Management and the Di- tion of a plan by an Indian Tribe or the Sec- expand the trust responsibility of the United rector of the Minerals Management Service retary does not require the termination of States toward Indian funds and assets held in their administration of management of the trust responsibility and shall not be con- in trust, or any legal obligation or remedy any Indian trust funds or assets, consistent strued or deemed to constitute a termination resulting from such funds and assets. with the provisions of Title II of the Act, as of the trust status of the assets or funds that ‘‘(g) REPORT.— amended. are included in or subject to the Plan. An In- ‘‘(1) IN GENERAL.—Not later than 180 days The duties of the Office of Trust Reform dian tribe shall not be liable for waste or loss after the enactment of this section, and an- include: authorization to require the devel- of a trust asset or trust funds if it is acting nually thereafter, the Secretary shall submit opment and maintenance of an accurate in- in accordance with an approved plan. a report to the Committee on Indian Affairs ventory of all trust properties, funds and The Secretary is required to conduct all of the Senate and the Committee on Re- other assets; ensure the prompt posting of trust fund and trust asset management ac- sources of the House of Representatives. revenues derived from trust funds, properties tivities in accordance with tribal law and to ‘‘(2) CONTENTS.—The report required under and assets; ensure that trust fund account provide assistance in the enforcement of paragraph (1) shall detail the following: holders receive monthly statements; ensure tribal law unless doing so is prohibited by ‘‘(A) The efforts of the Department to im- that trust fund accounts are audited at least Federal law or would be contrary to the plement this section. once a year or more frequently if necessary; trust responsibility of the United States. ‘‘(B) The nature and extent of consultation ensure that the Secretary receives current The Secretary may waive any regulations or between the Department, Tribes, and indi- and accurate information relating to the ad- administrative policies of the Department of vidual Indians with respect to implementa- ministration and management of trust funds, the Interior that are in conflict with Tribal tion of this section. properties and assets; provide for regular law or an approved plan unless such a waiver ‘‘(C) Any recommendations of the Depart- consultation with trust fund account holders would constitute a violation of a Federal statute or judicial decision or would conflict ment for further changes to this Act, accom- to ensure the greatest return on trust assets with the Secretary’s trust responsibility. panied by a record of consultation with and properties for the trust account holders; This Section of the Act does not constitute Tribes and individual Indians regarding such and enter into contracts and compacts under the Indian Self-Determination Act to pro- a waiver of the sovereign immunity of the recommendations.’’. United States or authorize Tribal justice SEC. 4. REGULATIONS. vide for the management of trust assets and funds by Indian tribes. systems to review actions of the Secretary. (a) IN GENERAL.—Not later than 1 year Such sums as maybe necessary are author- Nothing in this Section shall be construed to after the date of enactment of this Act, the ized to be appropriated to carry out the pro- diminish or expand the trust responsibility Secretary of the Interior shall promulgate visions of Section 307 of the Act. of the United States toward Indian trust regulations to carry out the amendments Paragraph (c) of Section 2 amends Section funds and assets held in trust. made by this Act. 306 of the 1994 Act to reconstitute the Advi- Not later than 180 days after the date of (b) ACTIVE PARTICIPATION.—All regulations sory Board for the Special Trustee as the Ad- enactment, and annually thereafter, the Sec- promulgated in accordance with subsection visory Board for the Deputy Secretary. The retary is required to file a report with the (a) shall be developed with the full and ac- Advisory Board will be comprised of nine Committee on Indian Affairs of the Senate tive participation of Indian tribes that have members, five of whom shall be representa- and the Committee on Resources of the trust funds and assets held by the Secretary. tive of tribal and individual trust fund ac- House of Representatives. count holders; two of the Board members The report shall detail: the efforts of the SECTION-BY-SECTION SUMMARY—INDIAN TRUST shall have experience in trust fund and fi- Department to implement this Section; the ASSET AND TRUST FUND MANAGEMENT AND nancial management; one Board member nature and extent of the consultation be- REFORM ACT OF 2002 shall be experienced in fiduciary investment tween the Department, Tribes and individual Indians with respect to the implementation SECTION 1. SHORT TITLE managements and one member shall be from of this section; and, any recommendations of This section provides that the Act may be academia and shall have knowledge of man- agement of large organizations. Each mem- the Department for further changes to the cited as the ‘‘Indian Trust Asset and Trust Act, along with a record of the Department’s Fund Management and Reform Act of 2002.’’ ber of the Advisory Board will serve for a term of two years. The Board will not be sub- consultation with Tribes and individual Indi- SECTION 2. DEPUTY SECRETARY FOR TRUST ject to the Federal Advisory Committee Act. ans regarding such recommendations. MANAGEMENT AND REFORM Paragraph (d) of Section 2 sets forth con- SECTION 4. REGULATIONS Paragraph (a) of this section provides that forming amendments to Section 302 and Sec- Section 4 requires the Secretary to pro- Section 2 of the American Indian Trust Fund tion 303 of the 1994 Act. mulgate regulations for the implementation April 18, 2002 CONGRESSIONAL RECORD — SENATE S2973 of the amendments to the Act within one Earlier this year, in the face of ad- the bill at present gives the Deputy year after enactment, with the full and ac- ministration assurances that its reor- Secretary the full and unified author- tive participation of the Indian tribes that ganization plan was not set in stone, ity needed. have trust funds and assets held by the Sec- Including cultural resources as a retary. the Interior Department requested that $200 million from the BIA and $100 mil- trust asset for management purposes. Mr. DASCHLE. Madam President, lion from the Office of the Special Incorporating the Office of Surface today I am joining with Senators JOHN Trustee, be reprogrammed to ‘‘a single Mining and Bureau of Reclamation and MCCAIN and TIM JOHNSON to introduce organization that will report to the other related agencies within the De- a legislation that is intended to focus Secretary through an Assistant Sec- partment of Interior and the Federal attention on the need to address and retary, Indian Trust.’’ This contradic- government under the purview of the correct the longstanding problem of in- tion set off red flags in Congress, and a Deputy Secretary. efficient management of the assets and clear and direct message was sent to Assuring that the legislation not in- funds held by the United States in Secretary Norton by Senators INOUYE fringe on tribal sovereingnty by trust for federally recognized Indian , interfeering with tribal involvement in tribes and individual American Indi- CAMPBELL, BYRD, JOHNSON and others the management of individual trust as- ans. that no action should be taken to im- Indian Country has faced many chal- plement her proposed reorganization sets or tribal assets, or both. Maintaining the Bureau of Indian Af- lenges over the years. Few, however, plan administratively. have been more important, or more dif- Given these developments, Senators fair’s role as an advocate for tribe. Maintaining current levels of Bureau ficult, than ending the mismanagement MCCAIN, JOHNSON, and I felt that Con- of Indian Affairs employment. of the Indian trust fund and restoring gress should be more assertive in forc- Applying Indian employment pref- integrity to this administrative proc- ing discussing about what role Con- erence to all positions created by the ess. gress might play in ensuring that For over 100 years, the Department of tribes and individual Indian account legislation. Interior has managed a trust funded holders have a voice on shaping trust Providing in law that Bureau of In- with the proceeds of leasing of oil, gas, reform policy. It is our hope that this dian Affairs funds not be used to fund land, and mineral rights for the benefit bill will stimulate better dialogue the Deputy Secretary appointed by the of Indian people. Today, the trust fund among the Congress, the Interior De- legislation. may owe as much as $10 billion to as partment, and Indian Country on this Stressing the importance of appro- many as 500,000 Indians. problem. priating adequate funding allow reform To give some perspective, the 16 With that goal in mind, the bill has to succeed. tribes of the Great Plains in South Da- been reviewed by representatives of the Reflecting in the legislative history kota, North Dakota, and Nebraska Great Plains tribes at a meeting in that much of the funding needed for comprise 10 million acres of trust lands Rapid City. Mike Jandreau, chairman real trust reform be allocated at the representing over one-third of the trust of the Lower Brule Sioux Tribe, has local agency and regional levels of the accounts. Many enrolled members of been an effective advocate and cham- Bureau of Indian Affairs. the nine South Dakota tribes have pion of trust reform, not only for his Placing more tribal representatives, trust accounts. tribe, but also for all Indian people. including tribal resources managers, How these trust funds have been and Mike and Flandreau-Santee Sioux from the various Bureau of Indian Af- will be managed is being litigated in Tribal chairman and Great Plains Trib- fairs regions on the advisory board to Cobell versus Norton, and the resolu- al chairman’s association president, the Office of Trust Reform. tion of this lawsuit will have far-reach- Tom Ranfranz led a very impressive The issues of trust reform and reor- ing implications throughout Indian and productive working session with ganization within the Bureau of Indian country. It is impossible not to evalu- tribal leaders from South Dakota, Affairs are nothing new to us here on ate potential solutions in the context North Dakota, Nebraska, Montana, and Capitol Hill, or in Indian Country. Col- of this lawsuit. Wyoming that both raised awareness of lectively, we have endured many ef- There is clear consensus in Indian the stakes of this issue and built sup- forts, some well intentioned and some Country that the current administra- port for the bill that is being intro- clearly not, to fix, reform, adjust, im- tion of the trust fund is a failure. The duced today. prove, streamline, downsize, and even daunting question has always been how I commend the willingness of these terminate the Bureau of Indian Affairs to reform it. participating tribal leaders to be a part and its trust activities. Last fall, the Secretary of the Inte- of a public process that will hopefully These efforts have been pursued in rior unveiled plans to reorganize the not stop until Indian country feels both Republican and Democratic ad- Bureau of Indian Affairs, BIA and seg- comfortable with a final product they ministrations. Unfortunately, they regate the oversight and accounting of create. The McCain-Johnson-Daschle have rarely sought meaningful involve- trust-related assets in a new Bureau of bill is intended to be a starting point ment from tribal leadership, or recog- Indian Trust Asset Management, for promoting greater understanding of nized the Federal Government’s treaty BITAM. In testimony before the U.S. what needs to occur to achieve mean- obligation to tribes. District Court, she acknowledged that, ingful trust reform. Both meaningful consultation and ‘‘We undoubtedly do have some missing At this point, I would like to share acceptance of tribal status are critical data—and we are all going to have to with my colleagues some initial obser- if we expect to find a workable solution find a way to deal with the fact that vations on this proposal that were to the very real problem of trust man- some information no longer exists.’’ raised yesterday by participating agement. The bill Senators MCCAIN, The Secretary’s controversial reorga- South Dakota treaty tribes and tribes JOHNSON, and I are introducing today nization proposal was presented to the of the Great Plains and Rocky Moun- reflects this conviction. court in a hasty effort to avoid being tain regions. These comments dem- There is no more important chal- held in contempt of court with mini- onstrate how thoughtfully Indian lead- lenge facing the tribes and their rep- mal consultation with the tribes or in- ers are approaching the trust problem, resentatives in Congress than that of dividual Indian account holders, not to and I fully expect that their sugges- restoring accountability and efficiency mention Congress. In South Dakota, tions will be considered and incor- to trust management. And nowhere do tribal leaders communicated to Tim porated as the bill moves through the the bedrock principles of self-deter- Johnson and me their concern that the committee process. mination and tribal sovereignty come Secretary’s solution appeared to be a The following issues are of great im- more into play than in the manage- fait accompli, conceived without mean- portance to the Great Plains Tribal ment and distribution of trust funds ingful participation of the stakeholders Chairman’s Association. and assets. most directly affected by it. They felt Providing the Deputy Secretary with This measure recognizes that the strongly that this proposal should not sufficient authority to ensure that re- only effective long-term solution to be implemented without further con- form of the administration of trust as- the trust problem must be based on sultation with the tribes. sets is permanent; They do not believe government-to-government dialog. I S2974 CONGRESSIONAL RECORD — SENATE April 18, 2002 believe the discussion the bill gen- but rather the beginning of a process viduals who were victims of the ter- erates will not only provide the cata- that will lead to further improvements, rorist-related bombing of the World lyst for meaningful tribal involvement revisions and refinements based on the Trade Center in 1993 on the same basis in the search for solutions but also continued input of tribal leadership. as compensation and income tax relief form the basis for true trust reform. I One of the main provisions of our leg- is provided to victims of the terrorist- look forward to participating with trib- islation is to establish the position of a related aircraft crashes on September al leaders in pursuit of this important Deputy Secretary for Trust Manage- 11, 2001; to the Committee on Finance. objective. ment and Reform in the Department of Mr. CORZINE. Madam President, Mr. JOHNSON. Madam President, I the Interior. The Deputy Secretary will today along with Senators TORRICELLI, rise today to join my colleagues, Sen- be appointed by the President, with the SCHUMER and CLINTON, I am intro- ator JOHN MCCAIN and Senator TOM advice and consent of the Senate, for a ducing legislation to ensure that the DASCHLE, as sponsors of the Indian term of 6 years and may only be re- families of the victims of the 1993 Trust Asset and Trust Fund Manage- moved for cause. The Deputy Secretary World Trade Center terrorist bombing ment and Reform Act of 2002. This leg- will report directly to the Secretary receive the same compensation for islation we are introducing today is in- and will be responsible for the over- their devastating losses as those whose tended as simply the first step in the sight of all trust fund and trust asset loved ones perished in the horrific at- legislative process as we continue to administration and management, in- tacks of September 11. They too de- work closely with tribes to address the cluding consultation with Indian serve aid in rebuilding their lives and need for further reform of the manage- tribes. It is my hope that the Deputy it is up to Congress to make certain ment of the trust funds and assets that Secretary is provided the adequate au- their needs are met and their losses ac- have been mismanaged for decades. I thority to administer the trust assets knowledged. I am pleased to join my am hopeful that by taking this action and to ensure that reform of the ad- colleague Representative Robert today, we will begin to further the dis- ministration of trust assets is perma- Menendez of New Jersey, who has in- cussion of this critical issue, knowing nent. troduced this legislation in the House full well that there will be ongoing In addition, we must maintain and of Representatives. consultation and input from tribal strengthen the integrity of services of On February 26, 1993, a car bomb ex- leaders and tribal members all across the Bureau of Indian Affairs, BIA, as ploded on the second level of the World the country. the primary agency providing trust Trade Center parking basement. The As many of my colleagues are aware, services directly to tribes. This reorga- blast injured over 1,000 people working the issue of trust fund mismanagement nization should not by any means di- in the towers and left 6 individuals is one of the most urgent problems we minish the BIA in it’s role as advocate dead. Among those lost was 57-year-old are faced with in Indian Country. Of all for tribes and must include the nec- William Macko of Bayonne, NJ. the extraordinary circumstances we essary funding to allow for real trust I recently met with the Macko fam- find in Indian Country, and especially reform to be implemented at the re- ily to discuss their loss and their strug- in South Dakota, I do not think there gional and agency levels. gle for recovery. Though it has been We have already benefitted from the nearly a decade since William’s death, is any more complex, more difficult input of the many tribal officials in it is clear that they are still suffering and more shocking than the cir- South Dakota, including the input of from the unimaginable pain of his loss. cumstances we have surrounding trust the Great Plains Tribal Region and And as though this tragedy is not fund mismanagement. This problem has persisted literally Montana Wyoming Tribal Leaders’ enough for them to bear, the family for generations, and continues today. Council. I would like to take this op- was dealt yet another blow when Carol, Administrations of both political par- portunity to thank Mike Jandreau, William’s widow, was diagnosed with ties have been inadequate in their re- chairman of the Lower Brule Sioux cancer just nine months after losing Tribe and a member of the Interior De- her husband. sponse, and the level of direction and partment’s Tribal Task Force, as well Congress has responded with tremen- the resources provided by Congresses as Tom Ranfranz, president of the dous generosity to the tragedy of Sep- over past decades has also been sadly Flandreau Santee and chairman of the tember 11, creating a Victim Com- inadequate. The Federal Government, Great Plains Tribal Chairman’s Asso- pensation Fund to compensate those by law, is to be the trustee for Native ciation for their advice and counsel as injured and the families of those de- American people. When the Trust Fund we attempt to address the many chal- ceased for economic and non-economic Management Act of 1994 was passed, I lenges facing trust reform. Their im- losses, as well as providing substantial was hopeful that this accounting situa- portant insight into the trust fund Federal income tax relief. tion would at last be remedied. Unfor- management issues and their leader- These programs should also be made tunately, this has not been the case. ship, along with the other tribal chairs available to those who lost loved ones Last year’s attempt by Secretary in the Great Plains and Rocky Moun- in the World Trade Center bombing of Norton and the Department of the In- tain Regions who have been very help- 1993. They too should be compensated terior to address this ongoing problem ful to me as we to address the short- for the unbearable pain and sorrow has also fallen far short of what is comings of the Department’s plan and they endured at the hands of terrorists. needed. In fact, Indian leaders all try to find a legislative approach that That is why I am introducing the 1993 across the country widely opposed the will finally begin to improve this situa- World Trade Center Victims Compensa- plan released by the Secretary last No- tion,. tion Act, which would include those in- vember to create a new Bureau of In- Madam President, I have high hopes jured or killed in the 1993 bombing in dian Trust Asset Management, BITAM. that this issue may finally be laid to both the Victim Compensation Fund Unfortunately, the Secretary released rest. It is crucial that the first Ameri- and Victims Tax Relief. the Department’s plan without seeking cans of this proud country be treated When I met with the Macko family, input and consulting with the very peo- with the dignity and respect that has they asked that William’s death not be ple who are supposed to benefit from been so sadly lacking for far too long. forgotten or dismissed. They asked for these trust fund accounts. This legislation provides a new founda- Congress to ensure that their suffering Many tribal leaders have offered tion from which we may once again and that of the other families who lost counter proposals to the Department’s begin to rebuild the trust that the U.S. loved ones on that cold February day plan, however, Secretary Norton con- Government has, in the eyes of the In- be recognized as well. Their request tinues to stand behind and defend dian people, let crumble into the rub- was clear and simple, and we must not BITAM as the best alternative to ad- ble of a bureaucratic maze. let them down. dressing this problem. I believe it is I urge my colleagues to show their now time for Congress to attempt once By Mr. CORZINE (for himself, support for these families and cospon- again to make real progress on this Mr. TORRICELLI, Mr. SCHUMER, and sor this legislation. issue. As I stated earlier, the bill my Mrs. CLINTON): colleagues and I have introduced today S. 2214. A bill to provide compensa- By Mrs. BOXER (for herself and is not intended to be a final product, tion and income tax relief for the indi- Mr. SANTORUM): April 18, 2002 CONGRESSIONAL RECORD — SENATE S2975 S. 2215. A bill to halt Syrian support [f]rom this day forward, any nation that con- with our coalition to deny terrorists and for terrorism, end its occupation of tinues to harbor or support terrorism will be their state sponsors the materials, tech- Lebanon, stop its development of weap- regarded by the United States as a hostile nology, and expertise to make and deliver regime’’. weapons of mass destruction’’. ons of mass destruction, cease its ille- (2) United Nations Security Council Reso- (16) The Government of Syria continues to gal importation of Iraqi oil and by so lution 1373 (September 28, 2001) mandates develop and deploy short and medium range doing hold Syria accountable for its that all states ‘‘refrain from providing any ballistic missiles. role in the Middle East, and for other form of support, active or passive, to entities (17) The Government of Syria is pursuing purposes; to the Committee on Foreign or persons involved in terrorist acts’’, take the development and production of biological Relations. ‘‘the necessary steps to prevent the commis- and chemical weapons. Mrs. BOXER. Madam President, sion of terrorist acts’’, and ‘‘deny safe haven (18) United Nations Security Council Reso- to those who finance, plan, support, or com- lution 661 (August 6, 1990) and subsequent today Senator SANTORUM and I are mit terrorist acts’’. relevant resolutions restrict the sale of oil proud to introduce the Syria Account- (3) The Government of Syria is currently and other commodities by Iraq, except to the ability Act, a bill that will ensure that prohibited by United States law from receiv- extent authorized by other relevant resolu- Syria is held accountable for its ac- ing United States assistance because it is tions. tions in the Middle East and for its listed as state sponsor of terrorism. (19) Syria, a non-permanent United Na- support of international terrorism. (4) Although the Department of State lists tions Security Council member, is receiving As a state-sponsor of terrorism, Syria as a state sponsor of terrorism and re- between 150,000 and 200,000 barrels of oil from Syria has supported and provided safe ports that Syria provides ‘‘safe haven and Iraq in violation of Security Council Resolu- haven to several terrorist groups, such support to several terrorist groups’’, fewer tion 661 and subsequent relevant resolutions. United States sanctions apply with respect (20) Syrian President Bashar Assad prom- as Hizballah, Hamas, and the Popular to Syria than with respect to any other ised Secretary of State Powell in February Front for the Liberation of Palestine. country that is listed as a state sponsor of 2001 to end violations of Security Council This is in violation of U.N. Security terrorism. Resolution 661 but this pledge has not been Council resolutions that call on U.N. (5) Terrorist groups, including Hizballah, fulfilled. member states to refrain from pro- Hamas, the Popular Front for the Liberation SEC. 3. SENSE OF CONGRESS. viding any form of support, active or of Palestine, and the Popular Front for the It is the sense of Congress that— passive, to entities or persons involved Liberation of Palestine–General Command (1) the Government of Syria should imme- maintain offices, training camps, and other diately and unconditionally halt support for in terrorist acts. facilities on Syrian territory and operate in terrorism, permanently and openly declare Syria is also in violation of U.N. Se- areas of Lebanon occupied by the Syrian its total renunciation of all forms of ter- curity Council Resolutions that call for armed forces and receive supplies from Iran rorism, and close all terrorist offices and fa- the sovereignty and political independ- through Syria. cilities in Syria, including the offices of ence of Lebanon. More than 20,000 Syr- (6) United Nations Security Council Reso- Hamas, Hizballah, the Popular Front for the ian troops and security personnel oc- lution 520 (September 17, 1982) calls for Liberation of Palestine, and the Popular cupy much of the sovereign territory of ‘‘strict respect of the sovereignty, territorial Front for the Liberation of Palestine–Gen- Lebanon and it is time for them to integrity, unity and political independence eral Command; of Lebanon under the sole and exclusive au- (2) the Government of Syria should imme- leave. thority of the Government of Lebanon diately declare its commitment to com- The legislation we are offering today through the Lebanese Army throughout Leb- pletely withdraw its armed forces, including would expand sanctions on Syria until anon’’. military, paramilitary, and security forces, the President certifies that Syria has (7) More than 20,000 Syrian troops and se- from Lebanon, and set a firm timetable for met four conditions. curity personnel occupy much of the sov- such withdrawal; First, that it does not support inter- ereign territory of Lebanon exerting undue (3) the Government of Lebanon should de- national terrorist groups; influence upon its government and under- ploy the Lebanese armed forces to all areas Second, that it has withdrawn all mining its political independence. of Lebanon, including South Lebanon, in ac- (8) Since 1990 the Senate and House of Rep- cordance with United Nations Security military, intelligence, and other secu- resentatives have passed seven bills and reso- Council Resolution 520 (September 17, 1982), rity personnel from Lebanon; lutions which call for the withdrawal of Syr- in order to assert the sovereignty of the Leb- Third, that it has stopped developing ian armed forces from Lebanon. anese state over all of its territory, and ballistic missiles and has stopped the (9) Large and increasing numbers of the should evict all terrorist and foreign forces development and production of biologi- Lebanese people from across the political from southern Lebanon, including Hizballah cal and chemical weapons; and spectrum in Lebanon have mounted peaceful and the Iranian Revolutionary Guards; Fourth, that it no longer in violation and democratic calls for the withdrawal of (4) the Government of Syria should halt of relevant U.N. Security Council Reso- the Syrian Army from Lebanese soil. the development and deployment of short (10) Israel has withdrawn all of its armed and medium range ballistic missiles and lutions. forces from Lebanon in accordance with cease the development and production of bio- To give maximum flexibility to the United Nations Security Council Resolution logical and chemical weapons; President, we have included a ‘‘menu’’ 425 (March 19, 1978), as certified by the (5) the Government of Syria should halt il- of sanctions for the President to choose United Nations Secretary General. legal imports and transshipments of Iraqi oil from and a provision that would waive (11) Even in the face of this United Nations and come into full compliance with United sanctions should the President find certification that acknowledged Israel’s full Nations Security Council Resolution 661 and that it is in the national security in- compliance with Resolution 425, Syria per- subsequent relevant resolutions; terest of the United States. mits attacks by Hizballah and other militant (6) the Governments of Lebanon and Syria organizations on Israeli outposts at Shebaa should enter into serious unconditional bi- I hope my colleagues can support this Farms, under the false guise that it remains lateral negotiations with the Government of legislation and ask unanimous consent Lebanese land, and is also permitting at- Israel in order to realize a full and perma- that the text of the bill be printed in tacks on civilian targets in Israel. nent peace; and the RECORD. (12) Syria will not allow Lebanon—a sov- (7) the United States should continue to There being no objection, the bill was ereign country—to fulfill its obligation in provide humanitarian and educational as- ordered to be printed in the RECORD, as accordance with Security Council Resolution sistance to the people of Lebanon only follows: 425 to deploy its troops to southern Lebanon. through appropriate private, nongovern- (13) As a result, the Israeli–Lebanese bor- mental organizations and appropriate inter- S. 2215 der and much of southern Lebanon is under national organizations, until such time as Be it enacted by the Senate and House of Rep- the control of Hizballah which continues to the Government of Lebanon asserts sov- resentatives of the United States of America in attack Israeli positions and allows Iranian ereignty and control over all of its territory Congress assembled, Revolutionary Guards and other militant and borders and achieves full political inde- SECTION 1. SHORT TITLE. groups to operate freely in the area, desta- pendence, as called for in United Nations Se- This Act may be cited as the ‘‘Syria Ac- bilizing the entire region. curity Council Resolution 520. countability Act of 2002’’. (14) The United States provides $40,000,000 SEC. 4. STATEMENT OF POLICY. SEC. 2. FINDINGS. in assistance to the Lebanese people through It should be the policy of the United States Congress makes the following findings: private nongovernmental organizations, that— (1) On September 20, 2001, President George $7,900,000 of which is provided to Lebanese– (1) Syria will be held responsible for all at- Bush stated at a joint session of Congress American educational institutions. tacks committed by Hizballah and other ter- that ‘‘[e]very nation, in every region, now (15) In the State of the Union address on rorist groups with offices or other facilities has a decision to make . . . [e]ither you are January 29, 2002, President Bush declared in Syria, or bases in areas of Lebanon occu- with us, or you are with the terrorists . . . that the United States will ‘‘work closely pied by Syria; S2976 CONGRESSIONAL RECORD — SENATE April 18, 2002 (2) the United States will work to deny terest, by any person, or with respect to any while the other 82 crew members were held Syria the ability to support acts of inter- property, subject to the jurisdiction of the in captivity, often under inhumane condi- national terrorism and efforts to develop or United States. tions, for 11 months; acquire weapons of mass destruction; (b) WAIVER.—The President may waive the Whereas the USS Pueblo, an intelligence (3) the Secretary of State will continue to application of either paragraph (2) or (3) (or collection auxiliary vessel, was operating in list Syria as a state sponsor of terrorism both) of subsection (a) if the President deter- international waters at the time of the cap- until Syria ends its support for terrorism, in- mines that it is in the national security in- ture, and therefore did not violate North Ko- cluding its support of Hizballah and other terest of the United States to do so. rean territorial waters; terrorist groups in Lebanon and its hosting (c) CERTIFICATION.—A certification under Whereas the capture of the USS Pueblo re- of terrorist groups in Damascus, and comes this subsection is a certification transmitted sulted in no reprisals against the Govern- into full compliance with United States law to the appropriate congressional committees ment or people of North Korea and no mili- relating to terrorism and United Nations Se- of a determination made by the President tary action at any time; and curity Council Resolution 1373 (September that— Whereas the USS Pueblo, though still the 28, 2001); (1) the Government of Syria does not pro- property of the United States Navy, has been (4) the full restoration of Lebanon’s sov- vide support for international terrorist retained by North Korea for more than 30 ereignty, political independence, and terri- groups and does not allow terrorist groups, years, was subjected to exhibition in the torial integrity is in the national security such as Hamas, Hizballah, the Popular Front North Korean cities of Wonsan and interest of the United States; for the Liberation of Palestine, and the Pop- Hungham, and is now on display in (5) Syria is in violation of United Nations ular Front for the Liberation of Palestine– Pyongyang, the capital city of North Korea: Security Council Resolution 520 (September General Command to maintain facilities in Now, therefore, be it 17, 1982) through its continued occupation of Syria; Resolved, That the Senate— Lebanese territory and its encroachment (2) the Government of Syria has withdrawn (1) demands the return of the USS Pueblo upon its political independence; all Syrian military, intelligence, and other to the United States Navy; and (6) Syria’s obligation to withdraw from security personnel from Lebanon; (2) directs the Secretary of the Senate to Lebanon is not conditioned upon progress in (3) the Government of Syria has ceased the transmit copies of this resolution to the the Israeli-Syrian or Israeli-Lebanese peace development and deployment of ballistic President, the Secretary of Defense, and the process but derives from Syria’s obligation missiles and has ceased the development and Secretary of State. under Security Council Resolution 520; production of biological and chemical weap- Mr. CAMPBELL. Madam President, I (7) Syria’s acquisition of weapons of mass ons; and am pleased to introduce this resolution destruction and ballistic missile programs (4) the Government of Syria is no longer in which recognizes and demands that the threaten the security of the Middle East and violation of United Nations Security Council the national interests of the United States; government of North Korea return the Resolution 661 and subsequent relevant reso- ship the USS Pueblo to the United (8) Syria is in violation of United Nations lutions. States Navy. Security Council Resolution 661 (August 6, SEC. 6. REPORT. 1990) and subsequent relevant resolutions (a) REPORT.—Not later than 6 months after On January 23, 1968, while in inter- through its continued purchase of oil from the date of the enactment of this Act, and national waters, the USS Pueblo was Iraq; and every 12 months thereafter until the condi- attacked and illegally captured by the (9) the United States will not provide any tions described in paragraphs (1) through (4) North Korean Navy. This engagement assistance to Syria and will oppose multilat- of section 5(c) are satisfied, the Secretary of marked the first time in over 150 years eral assistance for Syria until Syria with- State shall submit to the appropriate con- a United States Navy ship was hijacked draws its armed forces from Lebanon, halts gressional committees a report on— the development and deployment of weapons on the high seas by a foreign military (1) Syria’s progress toward meeting the force. This naked act of aggression re- of mass destruction and ballistic missiles, conditions described in paragraphs (1) and complies with Security Council Resolu- through (4) of section 5(c); and sulted in 82 crew members being held in tion 661 and subsequent relevant resolutions. (2) connections, if any, between individual captivity as Prisoners of War for eleven SEC. 5. SANCTIONS. terrorists and terrorist groups which main- months in inhumane conditions with (a) SANCTIONS.—Until the President makes tain offices, training camps, or other facili- one casualty, Duane Hodges who was the determination that Syria meets the re- ties on Syrian territory, or operate in areas quirements described in paragraphs (1) killed during the initial assault. On De- of Lebanon occupied by the Syrian armed through (4) of subsection (c) and certifies cember 23, 1968, the USS Pueblo crew forces, and the attacks against the United such determination to Congress in accord- was finally released. At the time of its States that occurred on September 11, 2001, ance with such subsection— capture, the USS Pueblo was operating and other terrorist attacks on the United (1) the President shall prohibit the export States or its citizens, installations, or allies. as an intelligence collection auxiliary to Syria of any item, including the issuance (b) FORM.—The report submitted under vessel, and did not pose a threat. of a license for the export of any item on the subsection (a) shall be in unclassified form According to the Navy Department United States Munitions List or Commerce but may include a classified annex. Office of the Chief of Naval Operations Control List of dual-use items in the Export Administration Regulations (15 C.F.R. part SEC. 7. DEFINITION OF APPROPRIATE CONGRES- Ships’ Histories Section, the name USS SIONAL COMMITTEES. 730 et seq.); Pueblo has enjoyed a long and proud In this Act, the term ‘‘appropriate congres- (2) the President shall prohibit United history prior to January 23, 1968. Cur- sional committees’’ means the Committee on States Government assistance, including rently, the environmental research ves- International Relations of the House of Rep- loans, credits, or other financial assistance, resentatives and the Committee on Foreign sel USS Pueblo, AGER–2, is the third to United States businesses with respect to Relations of the Senate. ship of the fleet to bear the name of investment or other activities in Syria; the City and County of Pueblo, CO. (3) the President shall prohibit the conduct f of programs of the Overseas Private Invest- Originally the armored cruiser Colo- STATEMENTS ON SUBMITTED rado was renamed the Pueblo in 1916 ment Corporation and the Trade and Devel- RESOLUTIONS opment Agency in or with respect to Syria; when a new battleship named Colorado and was authorized. That ship served from (4) the President shall impose two or more SENATE RESOLUTION 246—DE- 1905 to 1927. The second vessel named of the following sanctions: the Pueblo, PF–13, was a city class frig- (A) Prohibit the export of products of the MANDING THE RETURN OF THE USS ‘‘PUEBLO’’ TO THE UNITED ate which proudly served from 1944 to United States (other than food and medicine) 1946. She was later sold to the Domini- to Syria. STATES NAVY (B) Prohibit United States businesses from can Republic where she serves today. Mr. CAMPBELL submitted the fol- The third and current PUEBLO, AGER– investing or operating in Syria. lowing resolution; which was referred (C) Restrict Syrian diplomats in Wash- 2, was built by the Kewaunee Ship- ington, D.C., and at the United Nations in to the Committee on Foreign Rela- building and Engineering Corporation, New York City, to travel only within a 25- tions. Kewaunee, WI. A general purpose sup- mile radius of Washington, D.C., or the S. RES. 246 ply vessel designed especially for serv- United Nations headquarters building, re- Whereas the USS Pueblo, which was at- ice in the U.S. Army Transportation spectively. tacked and captured by the North Korean Corps, she was launched 16 April 1944 (D) Reduce United States diplomatic con- Navy on January 23, 1968, was the first and later redesignated as an environ- tacts with Syria (other than those contacts United States Navy ship to be hijacked on required to protect United States interests the high seas by a foreign military force in mental research vessel. or carry out the purposes of this Act). over 150 years; To date, the capture of the USS Pueb- (E) Block transactions in any property in Whereas 1 member of the USS Pueblo crew, lo has resulted in no reprisal against which the Government of Syria has any in- Duane Hodges, was killed in the assault the government or people of North April 18, 2002 CONGRESSIONAL RECORD — SENATE S2977 Korea and although the USS Pueblo DASCHLE (for himself and Mr. BINGAMAN) to SA 3171. Mrs. FEINSTEIN submitted an still remains property of the United the bill (S. 517) supra. amendment intended to be proposed to States Navy, the North Korean Govern- SA 3153. Mr. BINGAMAN (for Mr. CORZINE) amendment SA 2917 proposed by Mr. proposed an amendment to amendment SA ment displays it as a traveling museum DASCHLE (for himself and Mr. BINGAMAN) to 2917 proposed by Mr. DASCHLE (for himself the bill (S. 517) supra; which was ordered to in the North Korean cities of Wonsan and Mr. BINGAMAN) to the bill (S. 517) supra. lie on the table. and Hungham, and is now on display in SA 3154. Mr. BINGAMAN (for Mr. KENNEDY) SA 3172. Mrs. FEINSTEIN submitted an Pyongyang, the Capital city of North proposed an amendment to amendment SA amendment intended to be proposed to Korea. This is unacceptable to me and 2917 proposed by Mr. DASCHLE (for himself amendment SA 2917 proposed by Mr. a number of my colleagues. At issue and Mr. BINGAMAN) to the bill (S. 517) supra. DASCHLE (for himself and Mr. BINGAMAN) to SA 3155. Mr. BINGAMAN (for Mrs. LIN- here, isn’t the value of the ship. At the bill (S. 517) supra; which was ordered to COLN) proposed an amendment to amendment lie on the table. issue is the honor of America and the SA 2917 proposed by Mr. DASCHLE (for him- record of those who proudly served and SA 3173. Mrs. FEINSTEIN submitted an self and Mr. BINGAMAN) to the bill (S. 517) amendment intended to be proposed to were illegal captives by North Korea, a supra. amendment SA 2917 proposed by Mr. SA 3156. Mr. BINGAMAN (for Mr. MUR- nation which seeks the destruction of DASCHLE (for himself and Mr. BINGAMAN) to America. KOWSKI) proposed an amendment to amend- the bill (S. 517) supra; which was ordered to I stand with my fellow legislators ment SA 2917 proposed by Mr. DASCHLE (for lie on the table. back home in the Sixty-third Colorado himself and Mr. BINGAMAN) to the bill (S. 517) SA 3174. Mrs. FEINSTEIN submitted an supra. amendment intended to be proposed to State General Assembly in demanding SA 3157. Mr. THURMOND submitted an amendment SA 2917 proposed by Mr. the return of the USS Pueblo to the amendment intended to be proposed to DASCHLE (for himself and Mr. BINGAMAN) to United States Navy. amendment SA 2917 proposed by Mr. the bill (S. 517) supra; which was ordered to DASCHLE (for himself and Mr. BINGAMAN) to I urge my colleagues here in the U.S. lie on the table. the bill (S. 517) supra; which was ordered to Senate to join me in supporting pas- SA 3175. Mrs. FEINSTEIN submitted an sage of this important resolution. lie on the table. SA 3158. Mr. CONRAD (for himself and Mr. amendment intended to be proposed to amendment SA 2917 proposed by Mr. f SMITH, of New Hampshire) submitted an DASCHLE (for himself and Mr. BINGAMAN) to AMENDMENTS SUBMITTED AND amendment intended to be proposed to amendment SA 2917 proposed by Mr. the bill (S. 517) supra; which was ordered to PROPOSED lie on the table. DASCHLE (for himself and Mr. BINGAMAN) to SA 3142. Mr. KYL submitted an amend- the bill (S. 517) supra; which was ordered to SA 3176. Mrs. FEINSTEIN submitted an ment intended to be proposed by him to the lie on the table. amendment intended to be proposed to bill S. 517, to authorize funding the Depart- SA 3159. Mr. MURKOWSKI proposed an amendment SA 2917 proposed by Mr. ment of Energy to enhance its mission areas amendment to amendment SA 2917 proposed DASCHLE (for himself and Mr. BINGAMAN) to through technology transfer and partner- by Mr. DASCHLE (for himself and Mr. BINGA- the bill (S. 517) supra; which was ordered to ships for fiscal years 2002 through 2006, and MAN) to the bill (S. 517) supra. lie on the table. for other purposes; which was ordered to lie SA 3160. Mr. KENNEDY (for himself, Mr. on the table. BROWNBACK, Mrs. FEINSTEIN, and Mr. KYL) f SA 3143. Mr. KYL submitted an amend- proposed an amendment to the bill H.R. 3525, ment intended to be proposed by him to the to enhance the border security of the United TEXT OF AMENDMENTS bill S. 517, supra; which was ordered to lie on States, and for other purposes. SA 3161. Mr. BYRD proposed an amend- SA 3142. Mr. KYL submitted an the table. amendment intended to be proposed by SA 3144. Mr. GRAMM (for himself and Mr. ment to the bill H.R. 3525, supra. KYL) proposed an amendment to amendment SA 3162. Mr. BYRD proposed an amend- him to the bill S. 517, to authorize SA 2999 proposed by Mr. KERRY (for himself, ment to the bill H.R. 3525, supra. funding the Department of Energy to SA 3163. Mr. BYRD proposed an amend- Mr. MCCAIN, Ms. SNOWE, Mr. SMITH of Or- enhance its mission areas through ment to the bill H.R. 3525, supra. egon, Ms. COLLINS, and Mr. CHAFEE) to the technology transfer and partnerships SA 3164. Mr. BYRD proposed an amend- amendment SA 2917 proposed by Mr. ment to the bill H.R. 3525, supra. for fiscal years 2002 through 2006, and DASCHLE (for himself and Mr. BINGAMAN) to SA 3165. Mr. DURBIN submitted an amend- for other purposes; which was ordered the bill (S. 517) supra. ment intended to be proposed to amendment to lie on the table; as follows: SA 3145. Mr. REID proposed an amendment SA 2917 proposed by Mr. DASCHLE (for him- to amendment SA 3008 proposed by Mr. DAY- On page 4, strike lines 5 through 16, and in- self and Mr. BINGAMAN) to the bill (S. 517) to sert the following: TON (for himself and Mr. GRASSLEY) to the authorize funding the Department of Energy SEC. 1901. PERMANENT EXTENSION OF ABOVE- amendment SA 2917 proposed by Mr. to enhance its mission areas through tech- DASCHLE (for himself and Mr. BINGAMAN) to THE-LINE DEDUCTION FOR TEACH- nology transfer and partnerships for fiscal ER CLASSROOM EXPENSES. the bill (S. 517) supra. years 2002 through 2006, and for other pur- SA 3146. Mr. HAGEL submitted an amend- Section 62(a)(2)(D) is amended by striking poses; which was ordered to lie on the table. ment intended to be proposed to amendment ‘‘In the case of taxable years beginning dur- SA 3166. Mrs. FEINSTEIN submitted an ing 2002 or 2003, the’’ and inserting ‘‘The’’. SA 2917 proposed by Mr. DASCHLE (for him- amendment intended to be proposed to self and Mr. BINGAMAN) to the bill (S. 517) SEC. 1901A. 3-YEAR EXTENSION OF CREDIT FOR amendment SA 2917 proposed by Mr. PRODUCING ELECTRICITY FROM supra; which was ordered to lie on the table. DASCHLE (for himself and Mr. BINGAMAN) to SA 3147. Mr. THURMOND submitted an POULTRY WASTE. the bill (S. 517) supra; which was ordered to (a) IN GENERAL.—Subparagraph (C) of sec- amendment intended to be proposed to lie on the table. amendment SA 2917 proposed by Mr. tion 45(c)(3) (relating to qualified facility), as SA 3167. Mrs. FEINSTEIN submitted an amended by section 603(a) of the Job Cre- DASCHLE (for himself and Mr. BINGAMAN) to amendment intended to be proposed to the bill (S. 517) supra; which was ordered to ation and Worker Assistance Act of 2002, is amendment SA 2917 proposed by Mr. amended by striking ‘‘January 1, 2004’’ and lie on the table. ASCHLE (for himself and Mr. BINGAMAN) to D inserting ‘‘January 1, 2007’’. SA 3148. Mr. BINGAMAN (for Ms. CANT- the bill (S. 517) supra; which was ordered to WELL) proposed an amendment to amend- (b) EFFECTIVE DATE.—The amendment lie on the table. made by this section shall apply to elec- ment SA 2917 proposed by Mr. DASCHLE (for SA 3168. Mrs. FEINSTEIN submitted an tricity sold after the date of the enactment himself and Mr. BINGAMAN) to the bill (S. 517) amendment intended to be proposed to of this Act in taxable years ending after such supra. amendment SA 2917 proposed by Mr. date. SA 3149. Mr. BINGAMAN (for Mr. REID) DASCHLE (for himself and Mr. BINGAMAN) to proposed an amendment to amendment SA the bill (S. 517) supra; which was ordered to 2917 proposed by Mr. DASCHLE (for himself lie on the table. SA 3143. Mr. KYL submitted an and Mr. BINGAMAN) to the bill (S. 517) supra. SA 3169. Mrs. FEINSTEIN submitted an amendment intended to be proposed by SA 3150. Mr. BINGAMAN proposed an amendment intended to be proposed to him to the bill S. 517, to authorize amendment to amendment SA 2917 proposed amendment SA 2917 proposed by Mr. funding the Department of Energy to by Mr. DASCHLE (for himself and Mr. BINGA- DASCHLE (for himself and Mr. BINGAMAN) to enhance its mission areas through MAN) to the bill (S. 517) supra. the bill (S. 517) supra; which was ordered to technology transfer and partnerships SA 3151. Mr. BINGAMAN (for Mr. SCHUMER) lie on the table. for fiscal years 2002 through 2006, and proposed an amendment to amendment SA SA 3170. Mrs. FEINSTEIN submitted an 2917 proposed by Mr. DASCHLE (for himself amendment intended to be proposed to for other purposes; which was ordered and Mr. BINGAMAN) to the bill (S. 517) supra. amendment SA 2917 proposed by Mr. to lie on the table; as follows: SA 3152. Mr. BINGAMAN (for Ms. DASCHLE (for himself and Mr. BINGAMAN) to Beginning on page 17, line 9, strike all LANDRIEU) proposed an amendment to the bill (S. 517) supra; which was ordered to through page 55, line 7, and insert the fol- amendment SA 2917 proposed by Mr. lie on the table. lowing: S2978 CONGRESSIONAL RECORD — SENATE April 18, 2002 SEC. . PERMANENT EXTENSION OF ABOVE-THE- diesel-blended diesel fuel that contains at same person or entity and are a source of LINE DEDUCTION FOR TEACHER least 2 percent biodiesel, rather than emissions of greenhouse gases in excess for CLASSROOM EXPENSES. nonbiodiesel-blended diesel fuel; and emission purposes of a threshold as recog- Section 62(a)(2)(D) is amended by striking ‘‘(B) as of the date that is 10 years after the nized by the guidelines issued under this ‘‘In the case of taxable years beginning dur- date of enactment of this paragraph, bio- title; ing 2002 or 2003, the’’ and inserting ‘‘The’’. diesel-blended diesel fuel that contains at (4) ‘‘reductions’’ means actions, projects or least 20 percent biodiesel, rather than measures taken, whether in the United SA 3144. Mr. GRAMM (for himself nonbiodiesel-blended diesel fuel. States or internationally, by a person or en- and Mr. KYL) proposed an amendment ‘‘(c) EXEMPTION FOR MILITARY VEHICLES.— tity to reduce, avoid or sequester, directly or to amendment SA 2999 proposed by Mr. This section does not apply to fuel used in indirectly, emissions of one or more green- KERRY (for himself, Mr. MCCAIN, Ms. vehicles used for military purposes that the house gases; SNOWE, Mr. SMITH of Oregon, Ms. COL- Secretary of Defense certifies to the Sec- (5) ‘‘greenhouse gas’’ means— LINS, and Mr. CHAFEE) to the amend- retary must be exempt for national security (A) an anthropogenic gaseous constituent reasons.’’. of the atmosphere (including carbon dioxide, ment SA 2917 proposed by Mr. DASCHLE methane, nitrous oxide, hydrofluorocarbons, (for himself and Mr. BINGAMAN) to the SA 3146. Mr. HAGEL submitted an perfluorocarbons, and sulfur hexafluoride) bill (S. 517) to authorize funding the amendment intended to be proposed to that absorbs and re-emits infrared radiation DASCHLE (for himself and Mr. BINGA- amendment SA 2917 proposed by Mr. and influences climate; and MAN (B) an anthropogenic aerosol (such as ) to the bill (S. 517) to authorize DASCHLE (for himself and Mr. BINGA- funding the Department of Energy to black soot) that absorbs solar radiation and MAN) to the bill (S. 517) to authorize influences climate; enhance its mission areas through funding the Department of Energy to technology transfer and partnerships (6) ‘‘Secretary’’ means the Secretary of En- enhance its mission areas through ergy; for fiscal years 2002 through 2006, and technology transfer and partnerships (7) ‘‘Administrator’’ means the Adminis- for other purposes; as follows: for fiscal years 2002 through 2006, and trator of the Energy Information Adminis- Strike all beginning page 2 line 1 and in- for other purposes; which was ordered tration; and sert the following: to lie on the table; as follows: (8) ‘‘Interagency Task Force’’ means the SEC. . PERMANENT REPEAL OF DEATH TAXES. Interagency Task Force established under Strike Title XI and insert the following: Section 901 of the Economic Growth and title X of this Act. Tax Reconciliation Act of 2001 is amended— TITLE XI—NATIONAL GREENHOUSE GAS SEC. 1104. ESTABLISHMENT. REGISTRY (1) by striking ‘‘this Act’’ and all that fol- (a) IN GENERAL.—Not later than 1 year lows through ‘‘2010.’’ in subsection (a) and in- SEC. 1101. SHORT TITLE. after the enactment of this title, the Presi- serting ‘‘this Act (other than Title V) shall This amendment may be cited as the ‘‘Na- dent shall, in consultation with the Inter- not apply to taxable, plan, or limitation tional Climate Registry Initiative.’’ agency Task Force, establish a National years beginning after December 31, ‘‘2010’’, SEC. 1102. PURPOSE. Greenhouse Gas Registry to be administered and The purpose of this title is to establish a by the Secretary through the Administrator (2) by striking ‘‘,estates, gifts, and trans- new national greenhouse gas registry— in accordance with the applicable provisions fers’’ in subsection (b). (1) to further encourage voluntary efforts, of this title, section 205 of the Department of by persons and entities conducting business Energy Act (42 U.S.C. 7135) and other appli- SA 3145. Mr. REID proposed an and other operations in the United States, to cable provisions of that Act (42 U.S.C. 7101, amendment to amendment SA 3008 pro- implement actions, projects and measures et seq.). posed by Mr. DAYTON (for himself and that reduce greenhouse gas emissions; (b) DESIGNATION.—Upon establishment of Mr. GRASSLEY) to the amendment SA (2) to encourage such persons and entities the registry and issuance of the guidelines 2917 proposed by Mr. DASCHLE (for him- to monitor and voluntarily report green- pursuant to this title, such registry shall self and Mr. BINGAMAN) to the bill (S. house gas emissions, direct or indirect, from thereafter be the depository for the United 517) to authorize funding the Depart- their facilities, and to the extent prac- States of data on greenhouse gas emissions ticable, from other types of sources; and emissions reductions collected from and ment of Energy to enhance its mission (3) to adopt a procedure and uniform for- reported by persons or entities with facilities areas through technology transfer and mat for such persons and entities to estab- or operations in the United States, pursuant partnerships for fiscal years 2002 lish and report voluntarily greenhouse gas to the guidelines issued under this title. through 2006, and for other purposes; as emission baselines in connection with, and (c) PARTICIPATION.—Any person or entity follows: furtherance of, such reductions; conducting business or activities in the In lieu of the matter proposed to be added, (4) to provide verification mechanisms to United States may, in accordance with the insert the following: ensure for participants and the public a high guidelines established pursuant to this title, level of confidence in accuracy and voluntarily report its total emissions levels SEC. 8ll. FEDERAL AGENCY ETHANOL-BLEND- ED GASOLINE AND BIODIESEL PUR- verifiability of reports made to the national and register its certified emissions reduc- CHASING REQUIREMENT. registry; tions with such registry, provided that such Title III of the Energy Policy Act of 1992 is (5) to encourage persons and entities, reports— amended by striking section 306 (42 U.S.C. through voluntary agreement with the Sec- (1) represent a complete and accurate in- 13215) and inserting the following: retary, to report annually greenhouse gas ventory of emissions from facilities and op- emissions from their facilities; erations within the United States and any ‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED GASOLINE AND BIODIESEL PUR- (6) to provide to persons or entities that domestic or international reduction activi- CHASING REQUIREMENT. engage in such voluntary agreements and re- ties; and ‘‘(a) ETHANOL-BLENDED GASOLINE.—The duce their emissions transferable credits (2) have been verified as accurate by an head of each Federal agency shall ensure which, inter alia, shall be available for use independent person certified pursuant to that, in areas in which ethanol-blended gaso- by such persons or entities for any incentive, guidelines developed pursuant to this title, line is available at a competitive price, the market-based, or regulatory programs deter- or other means. Federal agency purchases ethanol-blended mined by the Congress in a future enactment (d) CONFIDENTIALITY OF REPORTS.—Trade gasoline containing at least 10 percent eth- to be necessary and feasible to reduce the secret and commercial or financial informa- anol (or the highest available percentage of risk of climate change and its impacts; and tion that is privileged and confidential sub- ethanol), rather than nonethanol-blended (7) to provide for the registration, transfer mitted pursuant to activities under this title gasoline, for use in vehicles used by the and tracking of the ownership or holding of shall be provided in section 552(b)(4) of title agency. such credits for purposes of facilitating vol- 5, United States Code. ‘‘(b) BIODIESEL.— untary trading among persons and entities. SEC. 1105. IMPLEMENTATION. ‘‘(1) DEFINITION OF BIODIESEL.—In this sub- SEC. 1103. DEFINITIONS. (a) GUIDELINES.—Not later than 1 year section, the term ‘biodiesel’ has the meaning In this title— after the date of establishment of the reg- given the term in section 312(f). (1) ‘‘person’’ means an individual, corpora- istry pursuant to this title, the Secretary ‘‘(2) REQUIREMENT.—The head of each Fed- tion, association, joint venture, cooperative, shall, in consultation with the Interagency eral agency shall ensure that the Federal or partnership; Task Force, issue guidelines establishing agency purchases, for use in fueling fleet ve- (2) ‘‘entity’’ means a public person, a Fed- procedures for the administration of the na- hicles used by the Federal agency at the lo- eral, interstate, State, or local governmental tional registry. Such guidelines shall cation at which fleet vehicles of the Federal agency, department, corporation, or other include— agency are centrally fueled, in areas in publicly owned organization; (1) means and methods for persons or enti- which biodiesel-blended diesel fuel is avail- (3) ‘‘facility’’ means those buildings, struc- ties to determine, quantify, and report by able at a competitive price— tures, installations, or plants (including appropriate and credible means their base- ‘‘(A) as of the date that is 5 years after the units thereof) that are on contiguous or ad- line emissions levels on an annual basis, tak- date of enactment of this paragraph, bio- jacent land, are under common control of the ing into consideration any reports made by April 18, 2002 CONGRESSIONAL RECORD — SENATE S2979 such participants under past Federal pro- the Interagency Task Force securing such sions from applicable facilities are less than grams; services may be used. the emissions reduction goals contained in (2) procedures for the use of an independent (d) TRANSFERABILITY OF PRIOR REPORTS.— the agreement, such person or entity shall third-party or other effective verification Emissions reports and reductions that have take actions as necessary to reduce such ex- process for reports on emissions levels and been made by a person or entity pursuant to cess emissions, including— emissions reductions, using the authorities section 1605(b) of the Energy Policy Act of (1) redemption of transferable credits ac- available to the Secretary under this and 1992 (42 U.S.C. 13385(b)) or under other Fed- quired in previous years if owned by the per- other provisions of law and taking into ac- eral or State voluntary greenhouse gas re- son or entity; count, to the extent possible, costs, risks, duction programs may be independently (2) acquisition of transferable credits from the voluntary nature of the registry, and verified and registered with the registry other persons or entities participating in the other relevant factors; using the same guidelines developed by the registry through their own agreements; or (3) a range of reference cases for reporting Secretary pursuant to this section. (3) the undertaking of additional emissions of project-based reductions in various sec- (e) PUBLIC COMMENT.—The Secretary shall reductions activities in subsequent years as tors, and the inclusion of benchmark and de- make such guidelines available in draft form may be determined by agreement with the fault methodologies and practices for use as for public notice and opportunity for com- Secretary. reference cases for eligible projects; ment for a period of at least 90 days, and (d) NO NEW AUTHORITY.—This section shall (4) safeguards to prevent and address re- thereafter shall adopt them for use in imple- not be construed as providing any regulatory porting, inadvertently or otherwise, of some mentation of the registry established pursu- or mandate authority regarding reporting of or all of the same greenhouse gas emissions ant to this title. such emissions or reductions. or reductions by more than one reporting (f) REVIEW AND REVISION.—The Secretary, SEC. 1107. MEASUREMENT AND VERIFICATION. person or entity and to make corrections and through the Interagency Task Force, shall (a) IN GENERAL.—The Secretary of Com- adjustments in data where necessary; periodically thereafter review the guidelines merce, through the National Institute of (5) procedures and criteria for the review and, as needed, revise them in the same man- Standards and Technology and in consulta- and registration of ownership or holding of ner as provided for in this section. tion with the Secretary of Energy, shall de- all or part of any reported and independently SEC. 1106. VOLUNTARY AGREEMENTS. velop and propose standards and practices verified emission reduction projects, actions (a) IN GENERAL.—In furtherance of the pur- for accurate measurement and verification and measures relative to such reported base- poses of this title, any person or entity, and of greenhouse gas emissions and emissions line emissions level; the Secretary, may voluntarily enter into an reductions. Such standards and best prac- (6) measures or a process for providing to agreement to provide that— tices shall address the need for— such persons or entities transferable credits (1) such person or entity (and successors (1) standardized measurement and with unique serial numbers for such verified thereto) shall report annually to the registry verification practices for reports made by all emissions reductions; and persons or entities participating in the reg- (7) accounting provisions needed to allow on emissions and sources of greenhouse gases istry, taking into account— for changes in registration and transfer of from applicable facilities and operations (A) existing protocols and standards al- ownership of such credits resulting from a which generate net emissions above any de ready in use by persons or entities desiring voluntary private transaction between per- minimis thresholds specified in the guide- to participate in the registry; sons or entities, provided that the Secretary lines issued by the Secretary pursuant to (B) boundary issues such as leakage and is notified of any such transfer within 30 this title; shifted utilization; days of the transfer having been effected ei- (2) such person or entity (and successors (C) avoidance of double-counting of green- ther by private contract or market mecha- thereto) shall commit to report and partici- house gas emissions and emissions reduc- nism. pate in the registry for a period of at least 5 tions; and (b) CONSIDERATION.—In developing such calendar years, provided that such agree- (D) such other factors as the panel deter- guidelines, the Secretary shall take into ments may be renewed by mutual consent; mines to be appropriate; consideration— (3) for purposes of measuring performance (1) the existing guidelines for voluntary under the agreement, such person or entity (2) measurement and verification of ac- emissions reporting issued under section (and successors thereto) shall determine, by tions taken to reduce, avoid or sequester 1605(b) of the Energy Policy Act of 1992 (42 mutual agreement with the Secretary— greenhouse gas emissions; U.S.C. 13385(b)), experience in applying such (A) pursuant to the guidelines issued under (3) in coordination with the Secretary of guidelines, and any revisions thereof initi- this title, a baseline emissions level for a Agriculture, measurement of the results of ated by the Secretary pursuant to direction representative period preceding the effective the use of carbon sequestration and carbon of the President issued prior to the enact- date of the agreement; and recapture technologies, including— ment of this title; (B) emissions reduction goals, taking into (A) organic soil carbon sequestration prac- (2) protocols and guidelines developed consideration the baseline emissions level tices; under any Federal, State, local, or private determined under subparagraph (A) and any (B) forest preservation and re-forestration voluntary greenhouse gas emissions report- relevant economic and operational factors activities which adequately address the ing or reduction programs; that may affect such baseline emissions level issues of permanence, leakage and (3) the various differences and potential over the duration of the agreement; and verification; and uniqueness of the facilities, operations and (4) for certified emissions reductions made (4) such other measurement and business and other relevant practices of per- relative to the baseline emissions level, the verification standards as the Secretary of sons and entities in the private and public Secretary shall provide, at the request of the Commerce, the Secretary of Agriculture, and sectors that may be expected to participate person or entity, transferable credits (with the Secretary of Energy shall determine to in the registry; unique assigned serial numbers) to the per- be appropriate. (4) issues, such as comparability, that are son or entity which, inter alia— (b) PUBLIC COMMENT.—The Secretary of associated with the reporting of both emis- (A) can be used by such person or entity to- Commerce shall make such standards and sions baselines and reductions from activi- wards meeting emissions reductions goals practices available in draft form for public ties and projects; and set forth under the agreement; notice and opportunity for comment for a pe- (5) the appropriate level or threshold emis- (B) can be transferred to other parties or riod of at least 90 days, and thereafter shall sions applicable to a facility or activity of a entities through a voluntary private trans- adopt them, in coordination with the Sec- person or entity that may be reasonably and action between persons or entities; or retary of Energy, for use in the guidelines cost effectively identified, measured and re- (C) shall be applicable towards any incen- for implementation of the registry as issued ported voluntarily, taking into consideration tive, market-based, or regulatory programs pursuant to this title. different types of facilities and activities and determined by the Congress in a future en- SEC. 1108. CERTIFIED INDEPENDENT THIRD PAR- the de minimis nature of some emissions and actment to be necessary and feasible to re- TIES. their sources; and duce the risk of climate change and its im- (a) CERTIFICATION.—The Secretary of Com- (6) any other consideration the Secretary pacts. merce shall, through the Director of the Na- may deem appropriate. (b) PUBLIC NOTICE AND COMMENT.—At least tional Institute of Standards and Technology (c) EXPERTS AND CONSULTANTS.—The Sec- 30 days before any agreement is final, the and the Administrator, develop standards for retary, and any member of the Interagency Secretary shall give notice thereof in the certification of independent persons to act as Task Force, may secure the services of ex- Federal Register and provide an opportunity certified parties to be employed in verifying perts and consultants in the private and non- for public written comment. After reviewing the accuracy and reliability of reports made profit sectors in accordance with the provi- such comments, the Secretary may withdraw under this title, including standards that— sions of section 3109 of title 5, United Sates the agreement or the parties thereto may (1) prohibit a certified party from them- Code, in the areas of greenhouse gas meas- mutually agree to revise it to finalize it selves participating in the registry through urement, certification, and emissions trad- without substantive change. Such agreement the ownership or transaction of transferable ing. In securing such services, any grant, shall be retained in the national registry and credits recorded in the registry; contract, cooperative agreement, or other be available to the public. (2) prohibit the receipt by a certified party arrangement authorized by law and already (c) EMISSIONS IN EXCESS.—In the event that of compensation in the form of a commission available to the Secretary or the member of a person or entity fails to certify that emis- where such party receives payment based on S2980 CONGRESSIONAL RECORD — SENATE April 18, 2002 the amount of emissions reductions verified; (1) developing commercial nuclear energy ‘‘SEC. 1215. RESEARCH REGARDING PRECIOUS and production facilities at Department facilities METAL CATALYSIS. (3) authorize such certified parties to enter in existence on the date of enactment of this ‘‘The Secretary of Energy may, for the into agreements with persons engaged in Act, including— purpose of developing improved industrial trading of transferable credits recorded in (A) options for how and where commercial and automotive catalysis, carry out research the registry. nuclear power plants can be developed at De- in the use of precious metals (excluding plat- (b) LIST OF CERTIFIED PARTIES.—The Sec- partment facilities; inum, palladium, and rhodium) in catalysis retary shall maintain and make available to (B) estimates of cost savings to the United directly, though national laboratories, or persons or entities making reports under States that may be realized by locating new through grants to or cooperative agreements this title and to the public upon request a commercial nuclear power plants at Depart- or contracts with public or nonprofit enti- list of such certified parties and their clients ment facilities; ties. There are authorized to be appropriated making reports under this title. (C) the feasibility of incorporating new to carry out this section such sums as are SEC. 1109. REPORT TO CONGRESS. technology into commercial nuclear power necessary for fiscal years 2003 through 2006.’’. plants at Department facilities; Not later than 1 year after guidelines are Mr. BINGAMAN proposed an issued for the registry pursuant to this title, (D) potential improvements in the licens- SA 3150. and biennially thereafter, the President, ing and safety oversight procedures of com- amendment to amendment SA 2917 pro- through the Interagency Task Force, shall mercial nuclear power plants at Department posed by Mr. DASCHLE (for himself and report to the Congress on the status of the facilities; Mr. BINGAMAN) to the bill (S. 517) to au- registry established by this title. The report (E) an assessment of the effects of nuclear thorize funding the Department of En- shall include— waste management policies and projects as a ergy to enhance its mission areas (a) an assessment of the level of participa- result of locating commercial nuclear power through technology transfer and part- tion in the registry (both by sector and in plants at Department facilities; nerships for fiscal years 2002 through terms of national emissions represented); (F) the appropriate amounts of contribu- (b) effectiveness of voluntary reporting tions of public and private funds; and 2006, and for other purposes; as follows: agreements in enhancing participation in (G) other appropriate factors; and At the end of title XVII, add the following: the registry; (2) establishing regional education con- SEC. 17 . REPORT ON ENERGY SAVINGS AND (c) use of the registry for emissions trading sortia at Department facilities, including— WATER USE. and other purposes; (A) strategies for strengthening partner- (a) REPORT.—The Secretary of Energy shall (d) assessment of progress towards indi- ships among the Department of Energy, en- conduct a study of opportunities to reduce vidual and national emissions reduction gineering and science institutions of higher energy use by cost-effective improvements in goals; and learning, other schools providing vocational the efficiency of municipal water and waste (e) an inventory of administrative actions training to the nuclear power industry, and water treatment and use, including water taken or planned to improve the national commercial nuclear power producers; pumps, motors, and delivery systems; purifi- registry or the guidelines, or both, and such (B) contributions that such consortia could cation, conveyance and distribution; upgrad- recommendations for legislative changes to make to the program goals of relevant provi- ing of aging water infrastructure, and im- this title or section 1605 of the Energy Policy sions of this Act; and proved methods for leakage monitoring, Act of 1992 (42 U.S.C. 13385) as the President (C) other actions that could optimize civil- measuring, and reporting; and public edu- believes necessary to better carry out the ian and military education in nuclear edu- cation. purposes of this title. cation at Department facilities that would (b) SUBMISSION OF REPORT.—The Secretary SEC. 1110. NATIONAL ACADEMY REVIEW. enhance electric power production in the of Energy shall submit a report on the re- Not later than 1 year after guidelines are United States. sults of the study, including any rec- issued for the registry pursuant to this title, (c) REPORT.—Not later than 180 days after ommendations for implementation of meas- the Secretary, in consultation with the the date of enactment of this Act, the Sec- ures and estimates of costs and resource sav- Interagency Task Force, shall enter into an retary shall submit to Congress a report de- ings, no later than two years from the date agreement with the National Academy of scribing the results of the study under sub- of enactment of this section. (c) AUTHORIZATION.—There is hereby au- Sciences to review the scientific and techno- section (b). thorized to be appropriated such sums as logical methods, assumptions, and standards may be necessary to carry out the purposes used by the Secretary and the Secretary of SA 3148. Mr. BINGAMAN (for Ms. of this section. Commerce for such guidelines and report to CANTWELL) proposed an amendment to the President and the Congress on the re- amendment SA 2917 proposed by Mr. SA 3151. Mr. BINGAMAN (for Mr. sults of that review, together with such rec- ASCHLE INGA D (for himself and Mr. B - SCHUMER) proposed an amendment to ommendations as may be appropriate, within MAN) to the bill (S. 517) to authorize amendment SA 2917 proposed by Mr. 6 months after the effective date of that funding the Department of Energy to agreement. DASCHLE (for himself and Mr. BINGA- enhance its mission areas through MAN) to the bill (S. 517) to authorize SA 3147. Mr. THURMOND submitted technology transfer and partnerships funding the Department of Energy to an amendment intended to be proposed for fiscal years 2002 through 2006, and enhance its mission areas through to amendment SA 2917 proposed by Mr. for other purposes; as follows: technology transfer and partnerships DASCHLE (for himself and Mr. BINGA- On page 403, after line 12, insert the fol- for fiscal years 2002 through 2006, and lowing: MAN) to the bill (S. 517) to authorize for other purposes; as follows: SEC. 1215. HIGH POWER DENSITY INDUSTRY PRO- funding the Department of Energy to GRAM. At the end of subtitle A of title IX add the enhance its mission areas through The Secretary shall establish a comprehen- following: technology transfer and partnerships sive research, development, demonstration SEC. 9 . ENERGY EFFICIENT APPLIANCE RE- for fiscal years 2002 through 2006, and and deployment program to improve energy BATE PROGRAMS. efficiency of high power density facilities, (a) DEFINITIONS.—In this section: for other purposes; which was ordered (1) ELIGIBLE STATE.—The term ‘‘eligible including data centers, server farms, and to lie on the table; as follows: state’’ means a State that meets the require- telecommunications facilities. Such program On page 574, between lines 11 and 12, insert ments of subsection (b). shall consider technologies that provide sig- the following: (2) ENERGY STAR PROGRAM.—The term ‘‘En- nificant improvement in thermal controls, ergy Star program’’ means the program es- SEC. 17ll. FEASIBILITY REPORT ON COMMER- metering, load management, peak load re- tablished by section 324A of the Energy Pol- CIAL NUCLEAR ENERGY PRODUC- duction, or the efficient cooling of elec- TION AND REGIONAL EDUCATION icy and Conservation Act. tronics. CONSORTIA AT DEPARTMENT OF EN- (3) RESIDENTIAL ENERGY STAR PRODUCT.— ERGY NUCLEAR FACILITIES. Mr. BINGAMAN (for Mr. The term ‘‘residential Energy Star product’’ (a) DEFINITIONS.—In this section: SA 3149. means a product for a residence that is rated (1) COMMERCIAL NUCLEAR ENERGY PRODUC- REID) proposed an amendment to for energy efficiency under the Energy Star TION.—The term ‘‘commercial nuclear energy amendment SA 2917 proposed by Mr. program. production’’ means electric power generated DASCHLE (for himself and Mr. BINGA- (4) STATE ENERGY OFFICE.—The term by for profit, private firms, public coopera- MAN) to the bill (S. 517) to authorize ‘‘State energy office’’ means the State agen- tives, and municipal utilities. funding the Department of Energy to cy responsible for developing State energy (2) DEPARTMENT FACILITY.—The term ‘‘De- enhance its mission areas through conservation plans under section 362 of the partment facility’’ means a Department of technology transfer and partnerships Energy Policy and Conservation Act (42 Energy nuclear facility. U.S.C. 6322). (3) SECRETARY.—The term ‘‘Secretary’’ for fiscal years 2002 through 2006, and (5) STATE PROGRAM.—The term ‘‘State pro- means the Secretary of Energy. for other purposes; as follows: gram’’ means a State energy efficient appli- (b) STUDY.—The Secretary shall conduct a On page 403, after line 12, insert the fol- ance rebate program described in subsection study to determine the feasibility of— lowing: (b)(1). April 18, 2002 CONGRESSIONAL RECORD — SENATE S2981

(b) ELIGIBLE STATES.—A State shall be eli- isting Energy Star for Small Business Pro- VI revitalization grants, established under gible to receive an allocation under sub- gram, to assist small business to become section 24 of the United States Housing Act section (c) if the State— more energy efficient, understand the cost of 1937 (42 U.S.C. 1437v), where such standards (1) establishes (or has established) a State savings obtainable through efficiencies, and are determined to be cost effective by the energy efficient appliance rebate program to identify financing options for energy effi- Secretary of Housing and Urban Develop- provide rebates to residential consumers for ciency upgrades. The Secretary and the Ad- ment; and the purchase of residential Energy Star prod- ministrator shall make the program infor- (B) in paragraph (2), by striking ‘‘Council ucts to replace used appliances of the same mation available directly to small businesses of American’’ and all that follows through type; and through other federal agencies, includ- ‘‘life-cycle cost basis’’ and inserting ‘‘2000 (2) submits an application for the alloca- ing the Federal Emergency Management International Energy Conservation Code’’; tion at such time, in such form, and con- Agency, and the Department of Agri- (2) in subsection (b)— taining such information as the Secretary culture.’.’’. (A) by striking ‘‘the date of the enactment may require; and of the Energy Policy Act of 1992’’ and insert- (3) provides assurances satisfactory to the SA 3153. Mr. BINGAMAN (for Mr. ing ‘‘September 30, 2002’’; and Secretary that the Senate will use the allo- CORZINE) proposed an amendment to (B) by striking ‘‘CABO’’ and all that fol- cation to supplement, but not supplant, amendment SA 2917 proposed by Mr. lows through ‘‘1989’’ and inserting ‘‘the 2000 funds made available to carry out the State International Energy Conservation Code’’; DASCHLE (for himself and Mr. BINGA- program. and MAN) to the bill (S. 517) to authorize (c) AMOUNT OF ALLOCATIONS.— (3) in subsection (c)— (1) IN GENERAL.—Subject to paragraph (2), funding the Department of Energy to (A) in the heading, by striking ’’MODEL EN- for each fiscal year, the Secretary shall allo- enhance its mission areas through ERGY CODE’’ and inserting ‘‘THE INTER- cate to the State energy office of each eligi- technology transfer and partnerships NATIONAL ENERGY CONSERVATION CODE’’; and ble State to carry out subsection (d) an for fiscal years 2002 through 2006, and (B) by striking ‘‘CABO’’ and all that fol- amount equal to the product obtained by for other purposes; as follows: lows through ‘‘1989’’ and inserting ‘‘the 2000 multiplying the amount made available At the end of subtitle D of title IX, add the International Energy Conservation Code’’. under subsection (e) for the fiscal year by following: SEC. 940. ENERGY STRATEGY FOR HUD. the ratio that the population of the State in (a) IN GENERAL.—The Secretary of Housing the most recent calendar year for which data SEC. 937. CAPITAL FUND. Section 9 of the United States Housing Act and Urban Development shall develop and are available bears to the total population of implement an integrated strategy to reduce all eligible States in that calendar year. of 1937 (42 U.S.C. 1437g), as amended by sec- tion 934, is amended— utility expenses through cost-effective En- (2) MINIMUM ALLOCATIONS.—For each fiscal ergy conservation and efficiency measures, year, the amounts allocated under this sub- (1) in subsection (d)(1)— (A) in subparagraph (L), by striking the pe- design and construction in public and as- section shall be adjusted proportionately so sisted housing. that no eligible State is allocated a sum that riod at the end and inserting ‘‘; and’’; (B) by redesignating subparagraph (L) as (b) ENERGY MANAGEMENT OFFICE.—The Sec- is less than an amount determined by the subparagraph (K); and retary of Housing and Urban Development Secretary. (C) by adding at the end the following: shall create an office at the Department of (d) USE OF ALLOCATED FUNDS.—The alloca- ‘‘(L) integrated utility management and Housing and Urban Development for utility tions to a State energy office under sub- capital planning to maximize energy con- management, energy efficiency, and con- section (c) may be used to pay up to 50 per- servation and efficiency measures.’’; and servation, with responsibility for imple- cent of the cost of establishing and carrying (2) in subsection (e)(2)(C)— menting the strategy developed under this out a State program. (A) by striking ‘‘The’’ and inserting the section, including development of a central- (e) ISSUANCE OF REBATES.—Rebates may be following: ized database that monitors public housing provided to residential consumers that meet ‘‘(i) IN GENERAL.—The’’; and energy usage, and development of energy re- the requirements of the State program. The (B) by adding at the end the following: duction goals and incentives for public hous- amount of a rebate shall be determined by ‘‘(ii) THIRD PARTY CONTRACTS.—Contracts ing agencies. The Secretary shall submit an the State energy office, taking into described in clause (i) may include contracts annual report to Congress on the strategy. consideration— for equipment conversions to less costly util- (1) the amount of the allocation to the ity sources, projects with resident paid utili- SA 3154. Mr. BINGAMAN (for Mr. State energy office under subsection (c); ties, adjustments to frozen base year con- KENNEDY) proposed an amendment to (2) the amount of any Federal or State tax sumption, including systems repaired to incentive available for the purchase of the amendment SA 2917 proposed by Mr. meet applicable building and safety codes DASCHLE (for himself and Mr. BINGA- residential Energy Star product; and and adjustments for occupancy rates in- MAN) to the bill (S. 517) to authorize (3) the difference between the cost of the creased by rehabilitation. residential Energy Star product and the cost ‘‘(iii) TERM OF CONTRACT.—The total term funding the Department of Energy to of an appliance that is not a residential En- of a contract described in clause (i) shall be enhance its mission areas through ergy Star product, but is of the same type as, for not more than 20 years to allow longer technology transfer and partnerships and is the nearest capacity, performance, payback periods for retrofits, including but for fiscal years 2002 through 2006, and and other relevant characteristics (as deter- not limited to windows, heating system re- for other purposes; as follows: mined by the State energy office) to the resi- placements, wall insulation, site-based gen- On page 183, line 15, strike ‘‘and’’ and all dential Energy Star product. erations, and advanced energy savings tech- (f) AUTHORIZATION OF APPROPRIATIONS.— that follows through line 19, and insert the nologies, including renewable energy genera- following: There are authorized to be appropriated to tion.’’. carry out this section such sums as are nec- (2) the term ‘‘idling’’ means not turning off SEC. 938. ENERGY-EFFICIENT APPLIANCES. essary for fiscal year 2003 through fiscal year an engine while remaining stationary for A public housing agency shall purchase en- 2012. more than approximately 3 minutes; and ergy-efficient appliances that are Energy (3) the term ‘‘ultra-low sulfur diesel school SA 3152. Mr. BINGAMAN (for Ms. Star products as defined in section 552 of the bus’’ means a school bus powered by diesel National Energy Policy and Conservation fuel which contains sulfur at not more than LANDRIEU) proposed an amendment to Act (as amended by this Act) when the pur- amendment SA 2917 proposed by Mr. 15 parts per million. chase of energy-efficient appliances is cost- (k) REDUCTION OF SCHOOL BUS IDLING.— DASCHLE (for himself and Mr. BINGA- effective to the public housing agency. Each local educational agency (as defined in MAN) to the bill (S. 517) to authorize SEC. 939. ENERGY EFFICIENCY STANDARDS. section 9101 of the Elementary and Sec- funding the Department of Energy to Section 109 of the Cranston-Gonzalez Na- ondary Education Act of 1965 (20 U.S.C. 7801)) enhance its mission areas through tional Affordable Housing Act (42 U.S.C. that receives Federal funds under the Ele- technology transfer and partnerships 12709) is amended— mentary and Secondary Education Act of for fiscal years 2002 through 2006, and (1) in subsection (a)— 1965 (20 U.S.C. 6301 et seq.) is encouraged to for other purposes; as follows: (A) in paragraph (1)— develop a policy to reduce the incidence of (i) by striking ‘‘the date of the enactment school buses idling at schools when picking On page 301, line 22, strike ‘‘organiza- of the Energy Policy Act of 1992’’ and insert- up and unloading students. tions.’.’’ and insert the following: ing ‘‘September 30, 2002’’. ‘‘organizations. (ii) in subparagraph (A), by striking ‘‘and’’ SA 3155. Mr. BINGAMAN (for Mrs. ‘‘(d) SMALL BUSINESS EDUCATION AND AS- at the end; LINCOLN) proposed an amendment to SISTANCE.—The Administrator of the Small (iii) in subparagraph (B), by striking the amendment SA 2917 proposed by Mr. Business Administration, in consultation period at the end and inserting a semi-colon; with the Secretary of Energy and the Admin- and DASCHLE (for himself and Mr. BINGA- istrator of the Environmental Protection (iv) by adding at the end the following: MAN) to the bill (S. 517) to authorize Agency, shall develop and coordinate a gov- (C) rehabilitation and new construction of funding the Department of Energy to ernment-wide program, building on the ex- public and assisted housing funded by HOPE enhance its mission areas through S2982 CONGRESSIONAL RECORD — SENATE April 18, 2002 technology transfer and partnerships SEC. 2104. CREDIT FOR BUSINESS INSTALLATION for fuel delivery and the existing infrastruc- for fiscal years 2002 through 2006, and OF QUALIFIED FUEL CELLS AND ture for power distribution, including equip- STATIONARY MICROTURBINE for other purposes; as follows: ment and controls for meeting relevant POWER PLANTS. power standards, such as voltage, frequency, On page 123, after line 17, insert the fol- (a) IN GENERAL.—Subparagraph (A) of sec- and power factors. lowing: tion 48(a)(3) (defining energy property) is ‘‘(iv) TERMINATION.—Such term shall not amended by striking ‘‘or’’ at the end of SEC. 514. DECOMMISSIONING PILOT PROGRAM. include any property placed in service after (a) PILOT PROGRAM.—The Secretary of En- clause (i), by adding ‘‘or’’ at the end of clause (ii), and by inserting after clause (ii) December 31, 2006.’’. ergy shall establish a decommissioning pilot (c) LIMITATION.—Section 48(a)(2)(A) (relat- the following new clause: program to decommission and decontami- ing to energy percentage) is amended to read ‘‘(iii) qualified fuel cell property or quali- nate the sodium-cooled fast breeder experi- as follows: fied microturbine property,’’. mental test-site reactor located in northeast ‘‘(A) IN GENERAL.—The energy percentage (b) QUALIFIED FUEL CELL PROPERTY; QUALI- Arkansas in accordance with the decommis- is— FIED MICROTURBINE PROPERTY.—Subsection sioning activities contained in the August 31, ‘‘(i) in the case of qualified fuel cell prop- 1998 Department of Energy report on the re- (a) of section 48 is amended by redesignating paragraphs (4) and (5) as paragraphs (5) and erty, 30 percent, and actor. ‘‘(ii) in the case of any other energy prop- (b) AUTHORIZATION OF APPROPRIATIONS.— (6), respectively, and by inserting after para- graph (3) the following new paragraph: erty, 10 percent.’’. There is authorized to be appropriated to (d) CONFORMING AMENDMENTS.— ‘‘(4) QUALIFIED FUEL CELL PROPERTY; QUALI- carry out this section $16,000,000. (A) Section 29(b)(3)(A)(i)(III) is amended by FIED MICROTURBINE PROPERTY.—For purposes striking ‘‘section 48(a)(4)(C)’’ and inserting of this subsection— SA 3156. Mr. BINGAMAN (for Mr. ‘‘section 48(a)(5)(C)’’. ‘‘(A) QUALIFIED FUEL CELL PROPERTY.— MURKOWSKI) proposed an amendment (B) Section 48(a)(1) is amended by inserting ‘‘(i) IN GENERAL.—The term ‘qualified fuel ‘‘except as provided in subparagraph (A)(ii) to amendment SA 2917 proposed by Mr. cell property’ means a fuel cell power plant or (B)(ii) of paragraph (4),’’ before ‘‘the en- DASCHLE (for himself and Mr. BINGA- that— ergy’’. MAN) to the bill (S. 517) to authorize ‘‘(I) generates at least 1 kilowatt of elec- funding the Department of Energy to (e) EFFECTIVE DATE.—The amendments tricity using an electrochemical process, and made by this subsection shall apply to prop- enhance its mission areas through ‘‘(II) has an electricity-only generation ef- erty placed in service after December 31, technology transfer and partnerships ficiency greater than 30 percent. 2002, under rules similar to the rules of sec- for fiscal years 2002 through 2006, and ‘‘(ii) LIMITATION.—In the case of qualified tion 48(m) of the Internal Revenue Code of for other purposes; as follows: fuel cell property placed in service during 1986 (as in effect on the day before the date the taxable year, the credit determined On page 443, after line 8, insert the fol- of the enactment of the Revenue Reconcili- under paragraph (1) for such year with re- ation Act of 1990). lowing: spect to such property shall not exceed an SEC. 1237. CLEAN COAL TECHNOLOGY LOAN. amount equal to the lesser of— SA 3159. Mr. MURKOWSKI proposed There is authorized to be appropriated not ‘‘(I) 30 percent of the basis of such prop- an amendment to amendment SA 2917 to exceed $125,000,000 to the Secretary of En- erty, or proposed by Mr. DASCHLE (for himself ergy to provide a loan to the owner of the ex- ‘‘(II) $1,000 for each kilowatt of capacity of and Mr. BINGAMAN) to the bill (S. 517) perimental plant constructed under United such property. States Department of Energy cooperative ‘‘(iii) FUEL CELL POWER PLANT.—The term to authorize funding the Department of agreement number DE–FC22–91PC99544 on ‘fuel cell power plant’ means an integrated Energy to enhance its mission areas such terms and conditions as the Secretary system comprised of a fuel cell stack assem- through technology transfer and part- determines, including interest rates and up- bly and associated balance of plant compo- nerships for fiscal years 2002 through front payments. nents that converts a fuel into electricity 2006, and for other purposes; as follows: using electrochemical means. Mr. THURMOND submitted At the appropriate place, insert the fol- SA 3157. ‘‘(iv) TERMINATION.—Such term shall not lowing: an amendment intended to be proposed include any property placed in service after TITLE—IRAQ OIL IMPORT RESTRICTION to amendment SA 2917 proposed by Mr. December 31, 2007. SECTION ll1. SHORT TITLE AND FINDINGS. ‘‘(B) QUALIFIED MICROTURBINE PROPERTY.— DASCHLE (for himself and Mr. BINGA- (a) This Title can be cited as the ‘Iraq Pe- ‘‘(i) IN GENERAL.—The term ‘‘qualified MAN) to the bill (S. 517) to authorize troleum Import Restriction Act of 2001.’ microturbine property’ means a stationary funding the Department of Energy to (b) FINDINGS.—Congress finds that— enhance its mission areas through microturbine power plant which has an elec- (1) the government of the Republic of Iraq: tricity-only generation efficiency not less (A) has failed to comply with the terms of technology transfer and partnerships than 26 percent at International Standard for fiscal years 2002 through 2006, and United Nations Security Council Resolution Organization conditions. 686 regarding unconditional Iraqi acceptance for other purposes; which were ordered ‘‘(ii) LIMITATION.—In the case of qualified of the destruction, removal, or rendering to lie on the table; as follows: microturbine property placed in service dur- harmless, under international supervision, of On page 574, between lines 11 and 12, insert ing the taxable year, the credit determined all nuclear, chemical and biological weapons the following: under paragraph (1) for such year with re- and all stocks of agents and all related sub- SEC. 17 . REPORT ON RESEARCH ON HYDROGEN spect to such property shall not exceed an systems and components and all research, PRODUCTION AND USE. amount equal to the lesser of— development, support and manufacturing fa- Not later than 120 days after the date of ‘‘(I) 10 percent of the basis of such prop- cilities, as well as all ballistic missiles with enactment of this Act, the Secretary of En- erty, or a range greater than 150 kilometers and re- ergy shall submit to Congress a report that ‘‘(II) $200 for each kilowatt of capacity of lated major parts, and repair and production identifies current or potential research such property. facilities and has failed to allow United Na- projects at Department of Energy nuclear fa- ‘‘(iii) STATIONARY MICROTURBINE POWER tions inspectors access to sites used for the cilities relating to— PLANT.—The term ‘stationary microturbine production or storage of weapons of mass de- (1) the production of hydrogen; or power plant means a system comprising of a struction. (2) the use of hydrogen in fuel cell develop- rotary engine which is actuated by the aero- (B) routinely contravenes the terms and ment or any other method or process en- dynamic reaction or impulse or both on ra- conditions of UNSC Resolution 661, author- hancing alternative energy production tech- dial or axial curved full-circumferential-ad- izing the export of petroleum products from nologies. mission airfoils on a central axial rotating Iraq in exchange for food, medicine and other SA 3158. Mr. CONRAD (for himself spindle. Such system— humanitarian products by conducting a rou- ‘‘(I) commonly includes an air compressor, tine and extensive program to sell such prod- and Mr. SMITH of New Hampshire) sub- combustor, gas pathways which lead com- ucts outside of the channels established by mitted an amendment intended to be pressed air to the combustor and which lead UNSC Resolution 661 in exchange for mili- proposed to amendment SA 2917 pro- hot combusted gases from the combustor to tary equipment and materials to be used in posed by Mr. DASCHLE (for himself and 1 or more rotating turbine spools, which in pursuit of its program to develop weapons of Mr. BINGAMAN) to the bill (S. 517) to au- turn drive the compressor and power output mass destruction in order to threaten the thorize funding the Department of En- shaft, United States and its allies in the Persian ergy to enhance its mission areas ‘‘(II) includes a fuel compressor, Gulf and surrounding regions. through technology transfer and part- recuperator/regenerator, generator or alter- (C) has failed to adequately draw down nator, integrated combined cycle equipment, upon the amounts received in the Escrow Ac- nerships for fiscal years 2002 through cooling-heating-and-power equipment, sound count established by UNSC Resolution 661 to 2006, and for other purposes; which was attenuation apparatus, and power condi- purchase food, medicine and other humani- ordered to lie on the table; as follows: tioning equipment, and tarian products required by its citizens, re- Strike section 2104 and insert the fol- ‘‘(III) includes all secondary components sulting in massive humanitarian suffering by lowing: located between the existing infrastructure the Iraqi people. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2983 (D) conducts a periodic and systematic SEC. ll6. EFFECTIVE DATE. under any system established under this sec- campaign to harass and obstruct the enforce- The prohibition on important of Iraqi ori- tion shall be subject to the limitation on ment of the United States and United King- gin petroleum and petroleum products shall payments to employees under section 5307 of dom-enforced ‘‘No-Fly Zones’’ in effect in be effective 30 days after enactment of this title 5, United States Code. the Republic of Iraq. Act. (d) OPERATING PLAN.—Not later than 90 (E) routinely manipulates the petroleum days after the date of enactment of this Act, export production volumes permitted under SA 3160. Mr. KENNEDY (for himself, the Attorney General shall submit to the UNSC Resolution 661 in order to create un- Mr. BROWNBACK, Mrs. FEINSTEIN, and Committee on Appropriations, the Com- mittee on the Judiciary, the Select Com- certainty in global energy markets, and Mr. KYL) proposed an amendment to therefore threatens the economic security of mittee on Intelligence, and the Committee the bill H.R. 3525, to enhance the bor- on Foreign Relations of the Senate and the the United States. der security of the United States, and (F) pays bounties to the families of suicide Committee on Appropriations, the Com- bombers in order to encourage the murder of for other purposes; as follows: mittee on the Judiciary, the Permanent Se- Israeli civilians. On page 2, line 4, strike ‘‘2001’’ and insert lect Committee on Intelligence, and the (2) Further imports of petroleum products ‘‘2002’’. Committee on International Relations of the from the Republic of Iraq are inconsistent On page 2, in the table of contents, strike House of Representatives an operating plan— with the national security and foreign policy the item relating to title IV and insert the (1) describing the Attorney General’s in- interests of the United States and should be following: tended use of the authority under this sec- eliminated until such time as they are not so ‘‘TITLE IV—INSPECTION AND ADMISSION tion; and inconsistent. OF ALIENS’’. (2) identifying any provisions of title 5, United States Code, being waived for pur- SEC.ll2. PROHIBITION ON IRAQI-ORIGIN PE- On page 3, between lines 15 and 16, insert poses of the development and implementa- TROLEUM IMPORTS. the following: The direct or indirect import from Iraq of tion of the Chimera system. (3) CHIMERA SYSTEM.—The term ‘‘Chimera (e) TERMINATION DATE.—The authority of Iraqi-origin petroleum and petroleum prod- system’’ means the interoperable electronic this section shall terminate upon the imple- ucts is prohibited, notwithstanding an au- data system required to be developed and im- mentation of the Chimera system. thorization by the Committee established by plemented by section 202(a)(2). SEC. 205. PROCUREMENT OF EQUIPMENT AND UNSC Resolution 661 or its designee, or any On page 3, line 16, strike ‘‘(3)’’ and insert SERVICES FOR THE DEVELOPMENT other order to the contrary. ‘‘(4)’’. AND IMPLEMENTATION OF THE SEC.ll3. TERMINATION/PRESIDENTIAL CERTIFI- On page 4, line 15, strike ‘‘(4)’’ and insert INTEROPERABLE ELECTRONIC DATA CATION. SYSTEM (‘‘CHIMERA SYSTEM’’). ‘‘(5)’’. (a) EXEMPTION FROM APPLICABLE FEDERAL This Title will remain in effect until such On page 4, line 19, strike ‘‘(5)’’ and insert ACQUISITION RULES.— time as the President, after consultation ‘‘(6)’’. (1) IN GENERAL.—Notwithstanding any with the relevant committees in Congress, On page 5, line 4, strike ‘‘(6)’’ and insert other provision of law, for the purpose of the certifies to the Congress that: ‘‘(7)’’. (a) (1) Iraq is in substantial compliance On page 5, line 16, strike ‘‘2002’’ and insert development and implementation of the with the terms of ‘‘2003’’. interoperable electronic data system de- (A) UNSC Resolution 687 and On page 6, line 1, strike ‘‘2002’’ and insert scribed in section 202(a)(2) (also known as the (B) UNSC Resolution 986 prohibiting smug- ‘‘2003’’. ‘‘Chimera system’’), the Attorney General gling of oil in circumvention of the ‘‘Oil-for- On page 6, strike lines 17 through 20. may use any funds available for the Chimera Food’’ program; and On page 6, line 21, strike ‘‘(c)’’ and insert system to purchase or lease equipment or (2) ceases the practice of compensating the ‘‘(b)’’. any related items, or to acquire interim families of suicide bombers in order to en- On page 7, line 2, insert ‘‘effective October services, without regard to any otherwise ap- courage the murder of Israeli citizens; or 1, 2002’’ after ‘‘basic pay’’. plicable Federal acquisition rule, if the At- that On page 8, line 1, strike ‘‘(d)’’ and insert torney General determines that— (b) resuming the important of Iraqi-origin ‘‘(c)’’. (A) there is an exigent need for the equip- petroleum and petroleum products would not On page 8, line 10, strike ‘‘and’’. ment, related items, or services in order to be inconsistent with the national security On page 8, line 21, strike ‘‘(e)’’ and insert support interagency information sharing and foreign policy interests of the United ‘‘(d)’’. under this title; States. On page 15, line 11, strike ‘‘one year’’ and (B) the equipment, related items, or serv- SEC. ll4. HUMANITARIAN INTERESTS. insert ‘‘15 months’’. ices required are not available within the De- It is the sense of the Senate that the Presi- On page 15, line 13, strike ‘‘six months’’ partment of Justice; and dent should make all appropriate efforts to and insert ‘‘one year’’. (C) adherence to that Federal acquisition ensure that the humanitarian needs of the On page 16, line 12, before the period insert rule would— Iraqi people are not negatively affected by the following: ‘‘(also known as the ‘Chimera (i) delay the timely acquisition of the this Act, and should encourage through pub- system’)’’. equipment, related items, or services; and lic, private, domestic and international On page 20, line 13, insert ‘‘the’’ after (ii) adversely affect interagency informa- means the direct or indirect sale, donation ‘‘about’’. tion sharing under this title. or other transfer to appropriate non-govern- On page 21, line 7, insert ‘‘Central’’ after (2) DEFINITION.—In this subsection, the mental health and humanitarian organiza- ‘‘Director of’’. term ‘‘Federal acquisition rule’’ means any tions and individuals within Iraqi of food, On page 22, line 2, strike ‘‘in this title’’ and provision of title III or IX of the Federal medicine and other humanitarian products. insert ‘‘in section 202’’. Property and Administrative Services Act of On page 22, line 24, strike ‘‘against’’. SEC. ll5. DEFINITIONS. 1949, the Office of Federal Procurement Pol- On page 23, between lines 14 and 15, insert (A) ‘‘661 committee.’’ The term 661 Com- icy Act, the Small Business Act, the Federal the following new sections: mittee means the Security Council Com- Acquisition Regulation, or any other provi- mittee established by UNSC Resolution 661, SEC. 204. PERSONNEL MANAGEMENT AUTHORI- sion of law or regulation that establishes TIES FOR POSITIONS INVOLVED IN policies, procedures, requirements, condi- and persons acting for or on behalf of the THE DEVELOPMENT AND IMPLE- Committee under its specific delegation of tions, or restrictions for procurements by MENTATION OF THE INTEROPER- the head of a department or agency of the authority for the relevant matter or cat- ABLE ELECTRONIC DATA SYSTEM egory of activity, including the overseers ap- (‘‘CHIMERA SYSTEM’’). Federal Government. (b) NOTIFICATION OF CONGRESSIONAL APPRO- pointed by the UN Secretary-General to ex- (a) IN GENERAL.—Notwithstanding any PRIATIONS COMMITTEES.—The Attorney Gen- amine and approve agreements for purchases other provision of law relating to position eral shall immediately notify the Commit- of petroleum and petroleum products from classification or employee pay or perform- tees on Appropriations of the House of Rep- the Government of Iraq pursuant to UNSC ance, the Attorney General may hire and fix resentatives and the Senate in writing of Resolution 986. the compensation of necessary scientific, each expenditure under subsection (a), which (b) ‘‘UNSC Resolution 661.’’ The term technical, engineering, and other analytical notification shall include sufficient informa- UNSC Resolution 661 means United Nations personnel for the purpose of the development tion to explain the circumstances necessi- Security Council Resolution No. 661, adopted and implementation of the interoperable tating the exercise of the authority under August 6, 1990, prohibiting certain trans- electronic data system described in section that subsection. actions with respect to Iraq and Kuwait. 202(a)(2) (also known as the ‘‘Chimera sys- On page 23, line 25, strike ‘‘an alien’’ and (c) ‘‘UNSC Resolution 687.’’ The term tem’’). insert ‘‘each alien’’. UNSC Resolution 986 means United Nations (b) LIMITATION ON RATE OF PAY.—Except as On page 24, line 16, strike ‘‘202(a)(3)(B)’’ Security Council Resolution 687, adopted otherwise provided by law, no employee com- and insert ‘‘202(a)(4)(B)’’. April 3, 1991. pensated under subsection (a) may be paid at On page 26, line 2, insert ‘‘and authentica- (d) ‘‘UNSC Resolution 986.’’ The term a rate in excess of the rate payable for a po- tion’’ after ‘‘biometric comparison’’. UNSC Resolution 986 means United Nations sition at level III of the Executive Schedule. On page 26, line 5, strike ‘‘each report’’ and Security Council Resolution 986, adopted (c) LIMITATION ON TOTAL CALENDAR YEAR insert ‘‘the report required by that para- April 14, 1995. PAYMENTS.—Total payments to employees graph’’. S2984 CONGRESSIONAL RECORD — SENATE April 18, 2002 On page 26, line 15, insert ‘‘other’’ after States, any United States official who is per- the other entity’s designation to sponsor ex- ‘‘visas and’’. forming duties at that port of entry.’’. change visitor program participants, as the On page 26, line 18, insert ‘‘document au- On page 40, beginning on line 17, strike case may be.’’. thentication standards and’’ after ‘‘tablish’’. ‘‘Not’’ and all that follows through the end On page 26, line 19, insert ‘‘other’’ after of line 18 and insert the following: SA 3162. Mr. BYRD proposed an ‘‘visas and’’. (1) STUDY.—The amendment to the bill H.R. 3525, to en- On page 27, line 3, insert ‘‘and authentica- On page 41, between lines 2 and 3, insert hance the border security of the United tion’’ after ‘‘biometric comparison’’. the following: States, and for other purposes; as fol- On page 27, line 4, insert ‘‘other’’ after (2) REPORT.—Not later than two years after ‘‘visas and’’. the date of enactment of this Act, the Presi- lows: On page 27, line 13, strike ‘‘and’’. dent shall submit to Congress a report set- Beginning on page 32, strike line 23 and all On page 27, line 16, strike the period and ting forth the findings of the study con- that follows through line 5 on page 33 and in- insert ‘‘; and’’. ducted under paragraph (1). sert the following: On page 27, between lines 16 and 17, insert On page 41, after line 22, add the following (a) REPORTING PASSPORT THEFTS.—Section the following: new section: 217 of the Immigration and Nationality Act (iii) can authenticate the document pre- SEC. 404. JOINT UNITED STATES-CANADA (8 U.S.C. 1187) is amended— sented to verify identity. PROJECTS FOR ALTERNATIVE IN- (1) by adding at the end of subsection (c)(2) On page 27, line 22, strike ‘‘202(a)(3)(B)’’ SPECTIONS SERVICES. the following new subparagraph: and insert ‘‘202(a)(4)(B)’’. (a) IN GENERAL.—United States border in- ‘‘(D) REPORTING PASSPORT THEFTS.—The On page 28, lines 9 and 10, strike ‘‘identi- spections agencies, including the Immigra- government of the country certifies that it fiers that comply with applicable biometric tion and Naturalization Service, acting reports to the United States Government on identifiers’’ and insert ‘‘and document au- jointly and under an agreement of coopera- a timely basis the theft of blank passports thentication identifiers that comply with ap- tion with the Government of Canada, may issued by that country.’’; and plicable biometric and document identi- conduct joint United States-Canada inspec- (2) in subsection (c)(5)(A)(i), by striking ‘‘5 fying’’. tions projects on the international border be- years’’ and inserting ‘‘2 years’’; and On page 28, line 17, insert ‘‘under section tween the two countries. Each such project (3) by adding at the end of subsection (f) 217 of the Immigration and Nationality Act’’ may provide alternative inspections services the following new paragraph: after ‘‘program’’. and shall undertake to harmonize the cri- ‘‘(5) FAILURE TO REPORT PASSPORT On page 29, line 4, insert ‘‘to a foreign teria for inspections applied by the two THEFTS.—If the Attorney General and the country’’ after ‘‘United States mission’’. countries in implementing those projects. Secretary of State jointly determine that On page 29, line 23, strike ‘‘The com- (b) ANNUAL REPORT.—The Attorney Gen- the program country is not reporting the mittee’’ and insert ‘‘Each committee estab- eral and the Secretary of the Treasury shall theft of blank passports, as required by sub- lished under subsection (a)’’. prepare and submit annually to Congress a section (c)(2)(D), the Attorney General shall On page 30, line 1, strike ‘‘The committee’’ report on the joint United States-Canada in- terminate the designation of the country as and insert ‘‘Each committee established spections projects conducted under sub- a program country.’’. under subsection (a)’’. section (a). On page 30, line 2, strike ‘‘quarterly’’ and (c) EXEMPTION FROM ADMINISTRATIVE PRO- SA 3163. Mr. BYRD proposed an insert ‘‘monthly’’. CEDURE ACT AND PAPERWORK REDUCTION amendment to the bill H.R. 3525, to en- On page 30, line 5, strike ‘‘quarter’’ and in- ACT.—Subchapter II of chapter 5 of title 5, hance the border security of the United United States Code (commonly referred to as sert ‘‘month’’. States, and for other purposes; as fol- On page 30, line 1, strike ‘‘PERIODIC RE- the ‘‘Administrative Procedure Act’’) and PORTS’’ and insert ‘‘PERIODIC REPORTS TO THE chapter 35 of title 44, United States Code lows: SECRETARY OF STATE’’. (commonly referred to as the ‘‘Paperwork On page 25, line 21, strike ‘‘October 26, On page 30, between lines 5 and 6, insert Reduction Act’’) shall not apply to fee set- 2003’’ and insert ‘‘October 26, 2004’’. the following new subsection: ting for services and other administrative re- On page 26, lines 12 and 13, strike ‘‘October (f) REPORTS TO CONGRESS.—The Secretary quirements relating to projects described in 26, 2003’’ and insert ‘‘October 26, 2004’’. of State shall submit a report on a quarterly subsection (a), except that fees and forms es- On page 26, lines 24 and 25, strike ‘‘October basis to the appropriate committees of Con- tablished for such projects shall be published 26, 2003’’ and insert ‘‘October 26, 2004’’. gress on the status of the committees estab- as a notice in the Federal Register. On page 28, line 2, strike ‘‘October 26, 2003’’ lished under subsection (a). On page 48, line 16, strike ‘‘or’’ and insert and insert ‘‘October 26, 2004’’. On page 30, line 6, strike ‘‘(f)’’ and insert ‘‘and’’. On page 28, line 16, strike ‘‘October 26, ‘‘(g)’’. On page 54, lines 24 and 25, strike ‘‘pro- 2003’’ and insert ‘‘October 26, 2004’’. On page 35, strike lines 1 and 2 and insert ceeding’’ and insert ‘‘proceedings’’. the following: SA 3164. Mr. BYRD proposed an TITLE IV—INSPECTION AND ADMISSION SA 3161. Mr. BYRD proposed an amendment to the bill H.R. 3525, to en- OF ALIENS amendment to the bill H.R. 3525, to en- hance the border security of the United On page 35, lines 10 and 11, strike ‘‘officials hance the border security of the United States, and for other purposes; as fol- specified in subsection (a)’’ and insert States, and for other purposes; as fol- lows: ‘‘President’’. lows: On page 39, line 25, strike ‘‘$300’’ and insert On page 37, line 2, strike ‘‘(i)’’ and insert On page 49, beginning on line 4, strike ‘‘$1,000’’. ‘‘(j)’’. ‘‘The’’ and all that follows through ‘‘re- On page 37, strike lines 3 and 4 and insert views’’ on line 7 and insert ‘‘Not later than SA 3165. Mr. DURBIN submitted an the following: two years after the date of enactment of this amendment intended to be proposed to (3) by striking ‘‘SEC. 231.’’ and inserting Act, and every two years thereafter, the amendment SA 2917 proposed by Mr. the following: Commissioner of Immigration and Natu- ‘‘SEC. 231. (a) ARRIVAL MANIFESTS.—For ralization, in consultation with the Sec- DASCHLE (for himself and Mr. BINGA- On page 37, lines 9 and 10, strike ‘‘an immi- retary of Education, shall conduct a review’’. MAN) to the bill (S. 517) to authorize gration officer’’ and insert ‘‘any United On page 49, lines 22 and 23, strike ‘‘The Sec- funding the Department of Energy to States border officer (as defined in sub- retary of State shall conduct periodic re- enhance its mission areas through section (i)’’. views’’ and insert ‘‘Not later than two years technology transfer and partnerships On page 37, line 19, strike ‘‘an immigration after the date of enactment of this Act, and for fiscal years 2002 through 2006, and officer’’ and insert ‘‘any United States bor- every two years thereafter, the Secretary of for other purposes; which was ordered der officer (as defined in subsection (i)’’. State shall conduct a review’’. to lie on the table; as follows: On page 39, line 9, insert a comma imme- On page 50, line 16, strike ‘‘(c) EFFECT OF diately after ‘‘that’’. FAILURE TO COMPLY.—Failure’’ and insert At the appropriate place, insert the fol- On page 39, lines 9 and 10, strike ‘‘, aircraft, ‘‘(c) EFFECT OF MATERIAL FAILURE TO COM- lowing: or land carriers’’ and insert ‘‘or aircraft’’. PLY.—Material failure’’. SEC. ll. ENERGY CREDIT FOR WIND ENERGY On page 40, line 5, strike ‘‘, aircraft, or land Beginning on page 50, line 24, strike ‘‘may’’ PROPERTY. carrier’’ and insert ‘‘or aircraft’’. and all that follows through the period on (a) IN GENERAL.—Subparagraph (A) of sec- On page 40, line 16, strike the quotation line 5 of page 51 and insert the following: tion 48(a)(3) (defining energy property), as marks and the second period. ‘‘shall result in the suspension for at least amended by this Act, is amended by striking On page 40 between lines 16 and 17, insert one year or termination, at the election of ‘‘or’’ at the end of clause (iii), by adding ‘‘or’’ the following: the Commissioner of Immigration and Natu- at the end of clause (iv), and by inserting ‘‘(i) UNITED STATES BORDER OFFICER DE- ralization, of the institution’s approval to after clause (iv) the following new clause: FINED.—In this section, the term ‘United receive such students, or result in the sus- ‘‘(v) qualified wind energy property,’’. States border officer’ means, with respect to pension for at least one year or termination, (b) QUALIFIED WIND ENERGY PROPERTY.— a particular port of entry into the United at the election of the Secretary of State, of Subsection (a) of section 48, as amended by April 18, 2002 CONGRESSIONAL RECORD — SENATE S2985

this Act, is amended by redesignating para- On page 197, line 4, strike ‘‘2004’’ and insert (d) FLOOR STOCK TAXES.— graphs (6) and (7) as paragraphs (7) and (8), ‘‘2008’’. (1) IMPOSITION OF TAX.—In the case of eth- respectively, and by inserting after para- On page 199, line 4, strike ‘‘2004’’ and insert anol fuel which is held on any tax increase graph (5) the following new paragraph: ‘‘2008’’. date by any person, there is hereby imposed ‘‘(6) QUALIFIED WIND ENERGY PROPERTY.— On page 199, line 17, strike ‘‘2004’’ and in- a floor stocks tax in an amount determined For purposes of this subsection— sert ‘‘2008’’. by the Secretary to equal the reduction in ‘‘(A) QUALIFIED WIND ENERGY PROPERTY.— ethanol fuel subsidies described in sub- The term ‘qualified wind energy property’ SA 3167. Mrs. FEINSTEIN submitted section (a) beginning on such date. means a qualifying wind turbine if the prop- an amendment intended to be proposed (2) LIABILITY FOR TAX AND METHOD OF PAY- erty carries at least a 5-year limited war- to amendment SA 2917 proposed by Mr. MENT.— ranty covering defects in design, material, or DASCHLE (for himself and Mr. BINGA- (A) LIABILITY FOR TAX.—A person holding workmanship, and, for property that is not MAN) to the bill (S. 517) to authorize ethanol fuel on any tax increase date to installed by the taxpayer, at least a 5-year funding the Department of Energy to which the tax imposed by paragraph (1) ap- plies shall be liable for such tax. limited warranty covering defects in instal- enhance its mission areas through lation. (B) METHOD OF PAYMENT.—The tax imposed technology transfer and partnerships ‘‘(B) QUALIFYING WIND TURBINE.—The term by paragraph (1) shall be paid in such man- ‘qualifying wind turbine’ means a wind tur- for fiscal years 2002 through 2006, and ner as the Secretary shall prescribe. bine of 75 kilowatts of rated capacity or less for other purposes; which was ordered (C) TIME FOR PAYMENT.—The tax imposed which meets the latest performance rating to lie on the table; as follows: by paragraph (1) shall be paid on or before standards published by the American Wind On page 189, line 3, strike ‘‘2004’’ and insert the date which is 6 months after such tax in- Energy Association or the International ‘‘2011’’. crease date. Electrotechnical Commission and which is On page 189, line 5, strike ‘‘2004 THROUGH’’ (3) DEFINITIONS.—For purposes of this used to generate electricity.’’. and insert ‘‘2011 AND’’. subsection— (c) NO CARRYBACK OF ENERGY CREDIT BE- On page 189, line 8, strike ‘‘2004 through’’ (A) TAX INCREASE DATE.—The term ‘‘tax in- FORE EFFECTIVE DATE.—Subsection (d) of and insert ‘‘2011 and’’. crease date’’ means any January 1 on which section 39, as amended by this Act, is amend- On page 189, in the table between lines 10 begins a reduction in ethanol fuel subsidies ed by adding at the end the following new and 11, strike the items relating to calendar described in subsection (a). paragraph: years 2004 through 2010. (B) HELD BY A PERSON.—Ethanol fuel shall ‘‘(20) NO CARRYBACK OF ENERGY CREDIT BE- On page 190, lines 13 and 14, strike ‘‘each be considered as ‘‘held by a person’’ if title FORE EFFECTIVE DATE.—No portion of the un- calendar year, through 2011,’’ and insert thereto has passed to such person (whether used business credit for any taxable year ‘‘each of calendar years 2010 and 2011,’’. or not delivery to the person has been made). which is attributable to the energy credit On page 190, line 19, strike ‘‘each calendar (C) SECRETARY.—The term ‘‘Secretary’’ with respect to property described in section year, through 2011,’’ and insert ‘‘each of cal- means the Secretary of the Treasury or the 48(a)(6) may be carried back to a taxable endar years 2010 and 2011’’. Secretary’s delegate. year ending before January 1, 2003.’’. On page 193, line 10, strike ‘‘2004 through’’ (4) EXCEPTION FOR EXEMPT USES.—The tax (d) CONFORMING AMENDMENTS.— and insert ‘‘2011 and’’. imposed by paragraph (1) shall not apply to (A) Section 25C(e)(6), as added by this Act, On page 194, line 21, strike ‘‘2004’’ and in- ethanol fuel held by any person exclusively is amended by striking ‘‘section 48(a)(6)(C)’’ sert ‘‘2011’’. for any use to the extent a credit or refund and inserting ‘‘section 48(a)(7)(C)’’. On page 196, line 17, strike ‘‘2004’’ and in- of the tax imposed by section 4041, 4081, or (B) Section 29(b)(3)(A)(i)(III), as amended sert ‘‘2011’’. 4091 of the Internal Revenue Code of 1986 is by this Act, is amended by striking ‘‘sec- On page 197, line 4, strike ‘‘2004’’ and insert allowable for such use. tion 48(a)(6)(C)’’ and inserting ‘‘section ‘‘2011’’. (5) EXCEPTION FOR FUEL HELD IN VEHICLE 48(a)(7)(C)’’. On page 197, line 12, strike ‘‘2008’’ and in- TANK.—No tax shall be imposed by paragraph (C) Section 48(a)(3)(C) is amended by in- sert ‘‘2011’’. (1) on ethanol fuel held in the tank of a On page 199, line 4, strike ‘‘2004’’ and insert serting ‘‘(other than property described in motor vehicle or motorboat. ‘‘2011’’. (6) EXCEPTION FOR CERTAIN AMOUNTS OF subparagraph (A)(v)),’’ before ‘‘with respect’’. On page 199, line 17, strike ‘‘2004’’ and in- (e) EFFECTIVE DATE.—The amendments FUEL.— sert ‘‘2011’’. made by this section shall apply to property (A) IN GENERAL.—No tax shall be imposed by paragraph (1) on ethanol fuel held on any placed in service or installed after December SA 3168. Mrs. FEINSTEIN submitted 31, 2002, under rules similar to the rules of tax increase date by any person if the aggre- section 48(m) of the Internal Revenue Code of an amendment intended to be proposed gate amount of ethanol fuel held by such 1986 (as in effect on the day before the date to amendment SA 2917 proposed by Mr. person on such date does not exceed 2,000 gal- of the enactment of the Revenue Reconcili- DASCHLE (for himself and Mr. BINGA- lons. The preceding sentence shall apply only ation Act of 1990). MAN) to the bill (S. 517) to authorize if such person submits to the Secretary (at funding the Department of Energy to the time and in the manner required by the SA 3166. Mrs. FEINSTEIN submitted Secretary) such information as the Sec- enhance its mission areas through retary shall require for purposes of this para- an amendment intended to be proposed technology transfer and partnerships to amendment SA 2917 proposed by Mr. graph. for fiscal years 2002 through 2006, and (B) EXEMPT FUEL.—For purposes of sub- DASCHLE (for himself and Mr. BINGA- for other purposes; which was ordered paragraph (A), there shall not be taken into MAN) to the bill (S. 517) to authorize to lie on the table; as follows: account fuel held by any person which is ex- funding the Department of Energy to On page 216, after line 21, add the fol- empt from the tax imposed by paragraph (1) enhance its mission areas through lowing: by reason of paragraph (4) or (5). ONTROLLED GROUPS technology transfer and partnerships SEC. ll. PHASEOUT OF TAX SUBSIDIES FOR (C) C .—For purposes of for fiscal years 2002 through 2006, and ETHANOL FUEL AS MARKET SHARE this paragraph— for other purposes; which was ordered OF SUCH FUEL INCREASES. (i) CORPORATIONS.— (I) IN GENERAL.—All persons treated as a to lie on the table; as follows: (a) IN GENERAL.—Not later than December 15 of 2002, and each subsequent calendar controlled group of corporations shall be On page 189, line 3, strike ‘‘2004’’ and insert year, the Secretary of the Treasury shall de- treated as 1 person. ‘‘2008’’. termine the percentage increase (if any) of (II) CONTROLLED GROUP OF CORPORATIONS.— On page 189, line 5, strike ‘‘2004’’ and insert the ethanol fuel market share for the pre- The term ‘‘controlled group of corporations’’ ‘‘2008’’. has the meaning given to such term by sub- On page 189, line 8, strike ‘‘2004’’ and insert ceding calendar year over the highest eth- section (a) of section 1563 of such Code; ex- ‘‘2008’’. anol fuel market share for any preceding cal- On page 189, in the table between lines 10 endar year and shall, notwithstanding any cept that for such purposes the phrase ‘‘more and 11, strike the items relating to calendar provision of the Internal Revenue Code of than 50 percent’’ shall be substituted for the years 2004 through 2007. 1986, reduce by the same percentage the eth- phrase ‘‘at least 80 percent’’ each place it ap- On page 190, lines 13 and 14, strike ‘‘each anol fuel subsidies under sections 40, 4041, pears in such subsection. calendar year, through 2011,’’ and insert 4081, and 4091 of such Code beginning on Jan- (ii) NONINCORPORATED PERSONS UNDER COM- ‘‘each of calendar years 2007 through 2011,’’. uary 1 of the subsequent calendar year. MON CONTROL.—Under regulations prescribed On page 190, line 19, strike ‘‘each calendar (b) ETHANOL FUEL MARKET SHARE.—For by the Secretary, principles similar to the year, through 2011,’’ and insert ‘‘each of cal- purposes of this section, the ethanol fuel principles of clause (i) shall apply to a group endar years 2007 through 2011’’. market share for any calendar year shall be of persons under common control where 1 or On page 193, line 10, strike ‘‘2004’’ and in- determined from data of the Energy Informa- more of such persons is not a corporation. sert ‘‘2008’’. tion Administration of the Department of (7) OTHER LAWS APPLICABLE.—All provi- On page 194, line 21, strike ‘‘2004’’ and in- Energy. sions of law, including penalties, applicable sert ‘‘2008’’. (c) ETHANOL FUEL.—For purposes of this with respect to the taxes imposed by section On page 196, line 17, strike ‘‘2004’’ and in- section, the term ‘ethanol fuel’ means any 4081 of such Code shall, insofar as applicable sert ‘‘2008’’. fuel the alcohol in which is ethanol. and not inconsistent with the provisions of S2986 CONGRESSIONAL RECORD — SENATE April 18, 2002

this subsection, apply with respect to the On page 189, line 5, strike ‘‘2004’’ and insert this Act, is amended by striking paragraph floor stock taxes imposed by paragraph (1) to ‘‘2007’’. (3) and redesignating paragraphs (4) through the same extent as if such taxes were im- On page 189, line 8, strike ‘‘2004’’ and insert (12) as paragraphs (3) through (11), respec- posed by such section 4081. ‘‘2007’’. tively. On page 189, in the table between lines 10 (F) Section 6501(m) (relating to deficiencies SA 3169. Mrs. FEINSTEIN submitted and 11, strike the items relating to calendar attributable to election of certain credits), an amendment intended to be proposed years 2004 through 2006. as amended by this Act, is amended by strik- to amendment SA 2917 proposed by Mr. On page 190, lines 13 and 14, strike ‘‘each ing ‘‘40(f),’’. DASCHLE (for himself and Mr. BINGA- calendar year, through 2011,’’ and insert (b) REDUCTIONS OF OTHER INCENTIVES FOR ‘‘each of calendar years 2006 through 2011,’’. ETHANOL FUEL.— MAN) to the bill (S. 517) to authorize On page 190, line 19, strike ‘‘each calendar funding the Department of Energy to (1) REPEAL OF REDUCED RATE ON ETHANOL year, through 2011,’’ and insert ‘‘each of cal- FUEL NOT PRODUCED FROM PETROLEUM OR NAT- enhance its mission areas through endar years 2006 through 2011’’. URAL GAS.—Subsection (b) of section 4041 is technology transfer and partnerships On page 193, line 10, strike ‘‘2004’’ and in- amended to read as follows: for fiscal years 2002 through 2006, and sert ‘‘2007’’. ‘‘(b) EXEMPTION FOR OFF-HIGHWAY BUSI- On page 194, line 21, strike ‘‘2004’’ and in- for other purposes; which was ordered NESS USE.— sert ‘‘2007’’. to lie on the table; as follows: ‘‘(1) IN GENERAL.—No tax shall be imposed On page 196, line 17, strike ‘‘2004’’ and in- On page 189, line 3, strike ‘‘2004’’ and insert by subsection (a) or (d)(1) on liquids sold for sert ‘‘2007’’. use or used in an off-highway business use. ‘‘2006’’. On page 197, line 4, strike ‘‘2004’’ and insert On page 189, line 5, strike ‘‘2004’’ and insert ‘‘(2) TAX WHERE OTHER USE.—If a liquid on ‘‘2007’’. ‘‘2006’’. which no tax was imposed by reason of para- On page 199, line 4, strike ‘‘2004’’ and insert On page 189, line 8, strike ‘‘2004’’ and insert graph (1) is used otherwise than in an off- ‘‘2007’’. ‘‘2006’’. highway business use, a tax shall be imposed On page 199, line 17, strike ‘‘2004’’ and in- On page 189, in the table between lines 10 by paragraph (1)(B), (2)(B), or (3)(A)(ii) of sert ‘‘2007’’. and 11, strike the items relating to calendar subsection (a) (whichever is appropriate) and years 2004 and 2005. Mrs. FEINSTEIN submitted by the corresponding provision of subsection On page 190, lines 13 and 14, strike ‘‘each SA 3172. (d)(1) (if any). calendar year, through 2011,’’ and insert an amendment intended to be proposed ‘‘(3) OFF-HIGHWAY BUSINESS USE DEFINED.— ‘‘each of calendar years 2005 through 2011,’’. to amendment SA 2917 proposed by Mr. For purposes of this subsection, the term On page 190, line 19, strike ‘‘each calendar DASCHLE (for himself and Mr. BINGA- ‘off-highway business use’ has the meaning year, through 2011,’’ and insert ‘‘each of cal- MAN) to the bill (S. 517) to authorize given to such term by section 6421(e)(2); ex- endar years 2005 through 2011’’. funding the Department of Energy to cept that such term shall not, for purposes of On page 193, line 10, strike ‘‘2004’’ and in- enhance its mission areas through subsection (a)(1), include use in a diesel-pow- sert ‘‘2006’’. ered train.’’ On page 194, line 21, strike ‘‘2004’’ and in- technology transfer and partnerships (2) REPEAL OF REDUCED RATE ON ETHANOL sert ‘‘2006’’. for fiscal years 2002 through 2006, and FUEL PRODUCED FROM NATURAL GAS.— On page 196, line 17, strike ‘‘2004’’ and in- for other purposes; which was ordered (A) Paragraph (1) of section 4041(m) is sert ‘‘2006’’. to lie on the table; as follows: amended by striking ‘‘or ethanol’’ in the ma- On page 197, line 4, strike ‘‘2004’’ and insert On page 216, after line 21, add the fol- terial preceding subparagraph (A). ‘‘2006’’. On page 199, line 4, strike ‘‘2004’’ and insert lowing: (B) Clause (i) of section 4041(m)(1)(A) is ‘‘2006’’. SEC. ll. ELIMINATION OF TAX SUBSIDIES FOR amended by striking ‘‘2005—’’ and all that On page 199, line 17, strike ‘‘2004’’ and in- ETHANOL FUEL. follows and inserting ‘‘2005, 9.15 cents per sert ‘‘2006’’. (a) ELIMINATION OF CREDIT FOR ALCOHOL gallon, and’’. USED AS FUEL.— (C) Clause (ii) of section 4041(m)(1)(A) is SA 3170. Mrs. FEINSTEIN submitted (1) IN GENERAL.—Subpart D of part IV of amended by striking ‘‘2005—’’ and all that an amendment intended to be proposed subchapter A of chapter 1, as amended by follows and inserting ‘‘2005, 2.15 cents per to amendment SA 2917 proposed by Mr. this Act, is amended by striking section 40 gallon, and’’. (relating to alcohol used as fuel). (D) Paragraph (2) of section 4041(m) is DASCHLE (for himself and Mr. BINGA- (2) CLERICAL AND CONFORMING AMEND- amended— MAN) to the bill (S. 517) to authorize MENTS.— (i) by striking ‘‘or ethanol’’ each place it funding the Department of Energy to (A) Subsection (b) of section 38 (relating to appears in the heading and text, enhance its mission areas through general business credit), as amended by this (ii) by striking ‘‘, ethanol,’’ and technology transfer and partnerships Act, is amended by striking paragraph (3) (iii) by inserting ‘‘(other than ethanol)’’ for fiscal years 2002 through 2006, and and by redesignating paragraphs (4) through after ‘‘alcohol’’. for other purposes; which was ordered (23) as paragraphs (3) through (22), respec- (c) TAX OF FUEL ALCOHOL TO SAME EXTENT to lie on the table; as follows: tively. AS OTHER MOTOR FUELS.— (B) Paragraph (3) of section 38(d) (relating (1) TREATMENT AS TAXABLE FUEL.—Para- Beginning on page 195, strike line 19 and to credits no longer listed) is amended by graph (1) of section 4083(a) (defining taxable all that follows through page 196, line 4, and striking ‘‘and’’ at the end of subparagraph fuel) is amended by striking ‘‘and’’ at the insert the following: (A), by striking the period at the end of sub- end of subparagraph (B), by striking the pe- ‘‘(B) PETITIONS FOR WAIVERS.— paragraph (B) and inserting ‘‘, and’’, and by riod at the end of subparagraph (C) and in- ‘‘(i) IN GENERAL.—The Administrator, in adding at the end the following new subpara- serting ‘‘, and’’, and by adding at the end the consultation with the Secretary of Agri- graph: following: culture and the Secretary of Energy, shall ‘‘(C) the credit allowable by section 40, as ‘‘(D) fuel alcohol.’’ approve or disapprove a State petition for a in effect on the day before the date of the en- (2) DEFINITION OF FUEL ALCOHOL.—Sub- waiver of the requirement of paragraph (2) actment of this subparagraph (relating to al- section (a) of section 4083 is amended by add- within 90 days after the date on which the cohol used as fuel) shall be treated as re- ing at the end the following new paragraph: petition is received by the Administrator. ferred to after the last paragraph of sub- ‘‘(4) FUEL ALCOHOL.—The term ‘fuel alco- ‘‘(ii) FAILURE TO ACT.—If the Administrator section (b) and after any credits treated as hol’ means any alcohol (including ethanol fails to approve or disapprove a petition referred to by reason of subparagraph (A).’’ and methanol)— within the period specified in clause (i), the (C) The table of sections for subpart D of ‘‘(A) which is produced other than from pe- petition shall be deemed to be approved. part IV of subchapter A of chapter 1, as troleum, natural gas, or coal (including amended by this Act, is amended by striking peat), and SA 3171. Mrs. FEINSTEIN submitted the item relating to section 40. ‘‘(B) which is withdrawn from the dis- an amendment intended to be proposed (D)(i) Part II of subchapter B of chapter 1 tillery where produced free of tax under to amendment SA 2917 proposed by Mr. is amended by striking section 87 (relating to chapter 51 by reason of section 5181 or so DASCHLE (for himself and Mr. BINGA- alcohol fuel credit). much of section 5214(a)(1) as relates to fuel MAN) to the bill (S. 517) to authorize (ii) The table of sections for part II of sub- use.’’ funding the Department of Energy to chapter B of chapter 1 is amended by strik- (3) RATE OF TAX.—Clause (i) of section enhance its mission areas through ing the item relating to section 87. 4081(a)(2)(A) is amended by striking ‘‘(other technology transfer and partnerships (iii) Subsection (a) of section 56 (relating than aviation gasoline)’’ and inserting to adjustments in computing alternative ‘‘(other than aviation gasoline) and fuel al- for fiscal years 2002 through 2006, and minimum taxable income) is amended by cohol’’. for other purposes; which was ordered striking paragraph (7) (relating to section 87 (4) SPECIAL RULES FOR IMPOSITION OF TAX.— to lie on the table; as follows: not applicable). Paragraph (1) of section 4081(a) is amended On page 189, line 3, strike ‘‘2004’’ and insert (E) Subsection (c) of section 196 (relating by adding at the end the following new sub- ‘‘2007’’. to qualified business credits), as amended by paragraph: April 18, 2002 CONGRESSIONAL RECORD — SENATE S2987 ‘‘(C) SPECIAL RULES FOR FUEL ALCOHOL.—In (B) METHOD OF PAYMENT.—The tax imposed for fiscal years 2002 through 2006, and the case of fuel alcohol— by paragraph (1) shall be paid in such man- for other purposes; which was ordered ‘‘(i) the distillery where produced shall be ner as the Secretary shall prescribe. to lie on the table; as follows: treated as a refinery, and (C) TIME FOR PAYMENT.—The tax imposed ‘‘(ii) subparagraph (B) shall be applied by by paragraph (1) shall be paid on or before On page 189, line 3, strike ‘‘2004’’ and insert including transfers by truck or rail in excess the date which is 6 months after the date of ‘‘2009’’. of such minimum quantities as the Secretary the enactment of this Act. On page 189, line 5, strike ‘‘2004’’ and insert 2009 shall prescribe.’’ (3) DEFINITIONS.—For purposes of this ‘‘ ’’. On page 189, line 8, strike ‘‘2004’’ and insert (5) REPEAL OF REDUCED RATES ON ALCOHOL subsection— ‘‘2009’’. FUELS.— (A) FUEL ALCOHOL.—The term ‘‘fuel alco- (A) Section 4041 is amended by striking hol’’ has the meaning given such term by On page 189, in the table between lines 10 subsection (k). section 4083 of the Internal Revenue Code of and 11, strike the items relating to calendar (B) Section 4081 is amended by striking 1986, as amended by this section. years 2004 through 2008. On page 190, lines 13 and 14, strike ‘‘each subsection (c). (B) HELD BY A PERSON.—Fuel alcohol shall (C) Section 4091 is amended by striking be considered as ‘‘held by a person’’ if title calendar year, through 2011,’’ and insert subsection (c). thereto has passed to such person (whether ‘‘each of calendar years 2008 through 2011,’’. On page 190, line 19, strike ‘‘each calendar (6) CONFORMING AMENDMENTS.— or not delivery to the person has been made). year, through 2011,’’ and insert ‘‘each of cal- (A) Subparagraph (A) of section 4041(a)(2) is (C) SECRETARY.—The term ‘‘Secretary’’ amended— means the Secretary of the Treasury or his endar years 2008 through 2011’’. (i) by inserting ‘‘other than fuel alcohol’’ delegate. On page 193, line 10, strike ‘‘2004’’ and in- sert ‘‘2009’’. after ‘‘any product’’, and (4) EXCEPTION FOR EXEMPT USES.—The tax (ii) by adding at the end the following flush imposed by paragraph (1) shall not apply to On page 194, line 21, strike ‘‘2004’’ and in- sentence: fuel alcohol held by any person exclusively sert ‘‘2009’’. On page 196, line 17, strike ‘‘2004’’ and in- ‘‘No tax shall be imposed by this paragraph for any use to the extent a credit or refund of the tax imposed by section 4081 of the In- sert ‘‘2009’’. on the sale or use of any fuel alcohol if tax On page 197, line 4, strike ‘‘2004’’ and insert ternal Revenue Code of 1986 is allowable for was imposed on such alcohol under section ‘‘2009’’. such use. 4081 and the tax thereon was not credited or On page 197, line 12, strike ‘‘2008’’ and in- (5) EXCEPTION FOR FUEL HELD IN VEHICLE refunded.’’ sert ‘‘2009’’. TANK.—No tax shall be imposed by paragraph (B) Section 6427 is amended by striking On page 199, line 4, strike ‘‘2004’’ and insert (1) on fuel alcohol held in the tank of a subsection (f). ‘‘2009’’. motor vehicle or motorboat. (C) Subsection (i) of section 6427 is amend- On page 199, line 17, strike ‘‘2004’’ and in- (6) EXCEPTION FOR CERTAIN AMOUNTS OF ed by striking paragraph (3). sert ‘‘2009’’. (D) Paragraph (2) of section 6427(k) is FUEL.— amended by striking ‘‘(3),’’. (A) IN GENERAL.—No tax shall be imposed SA 3174. Mrs. FEINSTEIN submitted (E)(i) Paragraph (1) of section 6427(l) is by paragraph (1) on fuel alcohol held on the an amendment intended to be proposed amended by striking ‘‘or’’ at the end of sub- date of the enactment of this Act by any per- paragraph (A), by redesignating subpara- son if the aggregate amount of fuel alcohol to amendment SA 2917 proposed by Mr. graph (B) as subparagraph (C), and by insert- held by such person on such date does not ex- DASCHLE (for himself and Mr. BINGA- ing after subparagraph (A) the following new ceed 2,000 gallons. The preceding sentence MAN) to the bill (S. 517) to authorize subparagraph: shall apply only if such person submits to funding the Department of Energy to ‘‘(B) any fuel alcohol (as defined in section the Secretary (at the time and in the manner enhance its mission areas through 4083) on which tax has been imposed by sec- required by the Secretary) such information technology transfer and partnerships tion 4041 or 4081, or’’. as the Secretary shall require for purposes of for fiscal years 2002 through 2006, and (ii) Paragraph (2) of section 6427(l) is this paragraph. for other purposes; which was ordered amended by striking ‘‘and’’ at the end of sub- (B) EXEMPT FUEL.—For purposes of sub- paragraph (A), by redesignating subpara- paragraph (A), there shall not be taken into to lie on the table; as follows: graph (B) as subparagraph (C), and by insert- account fuel held by any person which is ex- On page 189, line 3, strike ‘‘2004’’ and insert ing after subparagraph (A) the following new empt from the tax imposed by paragraph (1) ‘‘2012’’. subparagraph: by reason of paragraph (4) or (5). On page 189, lines 5 and 6, strike ‘‘YEARS ‘‘(B) in the case of fuel alcohol (as so de- (C) CONTROLLED GROUPS.—For purposes of 2004 THROUGH 2012’’ and insert ‘‘YEAR 2012’’. fined), any use which is exempt from the tax this paragraph— On page 189, lines 7 and 8, strike ‘‘any of imposed by section 4041(a)(2) other than by (i) CORPORATIONS.— calendar years 2004 through 2012’’ and insert reason of a prior imposition of tax, and’’. (I) IN GENERAL.—All persons treated as a ‘‘calendar year 2012’’. (iii) The heading of subsection (l) of sec- controlled group of corporations shall be On page 189, in the table between lines 10 tion 6427 is amended by inserting ‘‘, FUEL AL- treated as 1 person. and 11, strike the items relating to calendar COHOL,’’ after ‘‘KEROSENE’’. (II) CONTROLLED GROUP OF CORPORATIONS.— years 2004 through 2011. (F) Sections 9503(b)(1)(D) and 9508(b)(2) are The term ‘‘controlled group of corporations’’ On page 190, lines 13 and 14, strike ‘‘each each amended by striking ‘‘and kerosene’’ has the meaning given to such term by sub- calendar year, through 2011,’’ and insert and inserting ‘‘kerosene, and fuel alcohol’’. section (a) of section 1563 of such Code; ex- ‘‘calendar year 2011,’’. (G) Subsection (e) of section 9502 is amend- cept that for such purposes the phrase ‘‘more On page 190, line 19, strike ‘‘each calendar ed by striking paragraph (2). than 50 percent’’ shall be substituted for the year, through 2011,’’ and insert ‘‘calendar (H) Paragraph (4) of section 9503(b) is phrase ‘‘at least 80 percent’’ each place it ap- year 2011’’. amended by adding ‘‘and’’ at the end of sub- pears in such subsection. On page 193, lines 9 and 10, strike ‘‘each of paragraph (C), by striking the comma at the (ii) NONINCORPORATED PERSONS UNDER COM- calendar years 2004 through 2012’’ and insert end of subparagraph (D) and inserting a pe- MON CONTROL.—Under regulations prescribed ‘‘calendar year 2012’’. riod, and by striking subparagraphs (E) and by the Secretary, principles similar to the On page 194, line 21, strike ‘‘2004’’ and in- (F). principles of clause (i) shall apply to a group sert ‘‘2012’’. (d) EFFECTIVE DATES.— of persons under common control where 1 or On page 196, line 17, strike ‘‘2004’’ and in- (1) GENERAL RULE.—Except as provided in more of such persons is not a corporation. sert ‘‘2012’’. On page 197, line 4, strike ‘‘2004’’ and insert paragraph (2), the amendments made by this (7) OTHER LAWS APPLICABLE.—All provi- section shall take effect on the date of the sions of law, including penalties, applicable ‘‘2012’’. enactment of this Act. with respect to the taxes imposed by section On page 197, line 12, strike ‘‘2008’’ and in- (2) ELIMINATION OF SECTION 40 CREDIT.—The 4081 of such Code shall, insofar as applicable sert ‘‘2012’’. amendments made by subsection (a) shall and not inconsistent with the provisions of On page 199, line 4, strike ‘‘2004’’ and insert apply to alcohol produced after the date of this subsection, apply with respect to the ‘‘2012’’. On page 199, line 17, strike ‘‘2004’’ and in- the enactment of this Act. floor stock taxes imposed by paragraph (1) to (e) FLOOR STOCK TAXES.— sert ‘‘2012’’. the same extent as if such taxes were im- (1) IMPOSITION OF TAX.—In the case of fuel posed by such section 4081. alcohol which is held on the date of the en- SA 3175. Mrs. FEINSTEIN submitted actment of this Act by any person, there is SA 3173. Mrs. FEINSTEIN submitted an amendment intended to be proposed hereby imposed a floor stocks tax of 18.4 an amendment intended to be proposed to amendment SA 2917 proposed by Mr. cents per gallon. to amendment SA 2917 proposed by Mr. DASCHLE (for himself and Mr. BINGA- (2) LIABILITY FOR TAX AND METHOD OF PAY- DASCHLE (for himself and Mr. BINGA- MAN) to the bill (S. 517) to authorize MENT.— (A) LIABILITY FOR TAX.—A person holding MAN) to the bill (S. 517) to authorize funding the Department of Energy to fuel alcohol on the date of the enactment of funding the Department of Energy to enhance its mission areas through this Act to which the tax imposed by para- enhance its mission areas through technology transfer and partnerships graph (1) applies shall be liable for such tax. technology transfer and partnerships for fiscal years 2002 through 2006, and S2988 CONGRESSIONAL RECORD — SENATE April 18, 2002 for other purposes; which was ordered Elise Bean of the subcommittee staff at To be Deputy Directors of the Office to lie on the table; as follows: 224–9505. of National Drug Control Policy: Mary On page 188, line 15, insert ‘‘in any of cal- f Ann Solberg and Barry Crane. endar years 2004 through 2012’’ after To be United States Attorney: Frank ‘‘States’’. AUTHORITY FOR COMMITTEES TO DeArmon Whitney for the Eastern Dis- On page 189, strike lines 4 through 6 and in- MEET trict of North Carolina and Debra W. sert the following: COMMITTEE ON COMMERCE, SCIENCE, AND Yang for the Central Dist of California. ‘‘(B) APPLICABLE VOLUME.—For the purpose TRANSPORTATION of subparagraph Mr. REID. Mr. President, I ask unan- II. Bills Beginning on page 189, strike line 11 and imous consent that the Committee on all that follows through page 190, line 11. H. Con. Res. 243, expressing the sense Commerce, Science, and Transpor- of the Congress that the Public Safety SA 3176. Mrs. FEINSTEIN submitted tation be authorized to meet on Thurs- Officer Medal of Valor should be pre- an amendment intended to be proposed day, April 18, 2002, at 9:30 a.m., on pend- sented to the public safety officers who to amendment SA 2917 proposed by Mr. ing committee business. have perished and select other public DASCHLE (for himself and Mr. BINGA- The PRESIDING OFFICER. Without safety officers who deserve special rec- MAN) to the bill (S. 517) to authorize objection, it is so ordered. ognition for outstanding valor above funding the Department of Energy to COMMITTEE ON FINANCE and beyond the call of duty in the enhance its mission areas through Mr. REID. Mr. President, I ask unan- aftermath of the terrorist attacks in technology transfer and partnerships imous consent that the Committee on the United States on September 11, for fiscal years 2002 through 2006, and Finance be authorized to meet during 2001. [Crowley] for other purposes; which was ordered the session of the Senate on Thursday, S. Con. Res. 66, a concurrent resolu- to lie on the table; as follows: April 18, 2002, at 9:30 a.m., to hear testi- tion to express the sense of the Con- On page 189, line 3, strike ‘‘2004’’ and insert mony on corporate governance and ex- gress that the Public Safety Officer ‘‘2010’’. ecutive compensation. Medal of Valor should be awarded to On page 189, line 5, strike ‘‘2004’’ and insert The PRESIDING OFFICER. Without public safety officers killed in the line ‘‘2010’’. objection, it is so ordered. of duty in the aftermath of the ter- On page 189, line 8, strike ‘‘2004’’ and insert COMMITTEE ON GOVERNMENTAL AFFAIRS rorist attacks of September 11, 2001. ‘‘2010’’. Mr. REID. Mr. President, I ask unan- [Stevens] On page 189, in the table between lines 10 imous consent that the Committee on S. Con. Res. 75, a concurrent resolu- and 11, strike the items relating to calendar Governmental Affairs be authorized to years 2004 through 2009. tion to express the sense of the Con- On page 190, lines 13 and 14, strike ‘‘each meet on Thursday, April 18, 2002, at 9:30 gress that the Public Safety Officer calendar year, through 2011,’’ and insert a.m., for the purpose of holding a hear- Medal of Valor should be presented to ‘‘each of calendar years 2009 through 2011,’’. ing entitled ‘‘The State of Public public safety officers killed or seri- On page 190, line 19, strike ‘‘each calendar Health Preparedness for Terrorism In- ously injured as a result of the ter- year, through 2011,’’ and insert ‘‘each of cal- volving Weapons of Mass Destruction: rorist attacks perpetrated against the endar years 2009 through 2011’’. A Six-Month Report Card.’’ United States on September 11, 2001, On page 193, line 10, strike ‘‘2004’’ and in- The PRESIDING OFFICER. Without and to those who participated in the sert ‘‘2010’’. objection, it is so ordered. On page 194, line 21, strike ‘‘2004’’ and in- search, rescue and recovery efforts in sert ‘‘2010’’. COMMITTEE ON HEALTH, EDUCATION, LABOR AND the aftermath of those attacks. [Har- On page 196, line 17, strike ‘‘2004’’ and in- PENSIONS kin] sert ‘‘2010’’. Mr. REID. Mr. President, I ask unan- S. 864, Anti-Atrocity Alien Deporta- On page 197, line 4, strike ‘‘2004’’ and insert imous consent that the Committee on tion Act of 2001, with Leahy/Hatch sub- ‘‘2010’’. Health, Education, Labor and Pensions stitute. [Leahy/Lieberman/Levin] On page 197, line 12, strike ‘‘2008’’ and in- be authorized to meet for a hearing on sert ‘‘2010’’. S. 2031, Intellectual Property Protec- ‘‘Over One Year Later: Inadequate tion Restoration Act of 2002. [Leahy/ On page 199, line 4, strike ‘‘2004’’ and insert Progress On America’s Leading Cause ‘‘2010’’. Brownback] On page 199, line 17, strike ‘‘2004’’ and in- Of Workplace Injury,’’ during the ses- S. 2010, Corporate and Criminal sert ‘‘2010’’. sion of the Senate on Thursday, April Fraud Accountability Act of 2002. f 18, 2002, at 10 a.m. [Leahy/Daschle/Durbin] The PRESIDING OFFICER. Without S. 1615, Federal-Local Information NOTICES OF HEARINGS/MEETINGS objection, it is so ordered. Sharing Partnership Act of 2001. [Schu- PERMANENT SUBCOMMITTEE ON INVESTIGATIONS COMMITTEE ON THE JUDICIARY mer/Clinton/Leahy/Hatch] Mr. LEVIN. Mr. President, I would Mr. REID. Mr. President, I ask unan- like to announce for the information of imous consent that the Committee on III. Resolution the Senate and the public that the Per- the Judiciary be authorized to meet to S. Res. , Designating the Week of manent Subcommittee on Investiga- conduct a markup on Thursday, April May 5 through May 11, 2002 as ‘‘Na- tions of the Committee on Govern- 18, 2002, at 10 a.m., in Dirksen Room tional Occupational Safety and Health mental Affairs will hold 2 days of hear- 226. Week.’’ ings on the subcommittee’s 10-month Agenda IV. Committee Business investigation into gasoline prices enti- tled ‘‘Gas Prices: How Are They Really I. Nominations Committee Resolution to Authorize Set?’’ Jeffrey Howard for the United States Antitrust Subpoena. In the spring and early summer of Court of Appeals for the First Circuit; The PRESIDING OFFICER. Without 2001, most parts of the country experi- Percy Anderson for the United States objection, it is so ordered. enced a dramatic increase in the price District Court for the Central District SUBCOMMITTEE ON NATIONAL PARKS of gasoline. Numerous consumer groups of California; Michael M. Baylson Mr. REID. Mr. President, I ask unan- expressed concern over price gouging. United States District Court for the imous consent that the Subcommittee The oil companies responded that there Eastern District of Pennsylvania; Wil- on National Parks of the Committee on were problems with supply. This series liam C. Griesbach for the United States Energy and Natural Resources be au- of hearings by the Permanent Sub- District Court for the Eastern District thorized to meet during the session of committee on Investigations will ex- of Wisconsin; Joan E. Lancaster for the the Senate on Thursday, April 18, at 3 plore how gasoline prices are set and United States District Court for the p.m., to conduct a hearing. why they have become so volatile. District of Minnesota; Cynthia M. Rufe The purpose of the hearing is to re- The hearing will take place on Tues- for the United States District Court for ceive testimony on the following bills: day, April 30, and Thursday, May 2, the Eastern District of Pennsylvania; S. 1441 and H.R. 695, to establish the Oil 2002, at 9:30 a.m., each day, in room 342 and John F. Walter for the United Region National Heritage Area; S. 1526, of the Dirksen Senate Office Building. States District Court for the Central to establish the Arabia Mountain Na- For further information, please contact District of California. tional Heritage Area in the State of April 18, 2002 CONGRESSIONAL RECORD — SENATE S2989 Georgia, and for other purposes; S. 1638, The clerk will report the resolution The bill (S. 1981) was read the third to authorize the Secretary of the Inte- by title. time and passed, as follows: rior to study the suitability and feasi- The legislative clerk read as follows: S. 1981 bility of designating the French Colo- A resolution (S. Res. 243) designating Be it enacted by the Senate and House of Rep- nial Heritage Area in the State of Mis- the week of April 21 through April 28 resentatives of the United States of America in souri as a unit of the National Park National Biotechnology Week. Congress assembled, System, and for other purposes; S. 1809 There being no objection, the Senate SECTION 1. SHORT TITLE. and H.R. 1776, to authorize the Sec- proceeded to consider the resolution. This Act may be cited as the ‘‘Enhanced retary of the Interior to study the suit- Mr. REID. Madam President, I ask Penalties for Enabling Terrorists Act of ability and feasibility of establishing unanimous consent that the resolution 2002’’. the Buffalo Bayou National Heritage and the preamble be agreed to and that SEC. 2. PENALTIES FOR FRAUD AND RELATED Area in west Houston, Texas; S. 1939, to any statements thereto be printed in ACTIVITY IN CONNECTION WITH IDENTIFICATION DOCUMENTS AND establish the Great Basin National the RECORD. INFORMATION USED IN ACTS OF DO- Heritage Area, Nevada and Utah; and The PRESIDING OFFICER. Without MESTIC TERRORISM. S. 2033, to authorize appropriations for objection, it is so ordered. Section 1028(b)(4) of title 18, United States the John H. Chafee Blackstone River The resolution (S. Res. 243) was Code, is amended— Valley National Heritage Corridor in agreed to. (1) by striking ‘‘of this title’’; and Massachusetts and Rhode Island, and The preamble was agreed to. (2) by inserting before the semicolon the The resolution, with its preamble, following: ‘‘or an act of domestic terrorism for other purposes. (as defined in section 2331(5))’’. The PRESIDING OFFICER. Without reads as follows: SEC. 3. MANDATORY IMPRISONMENT FOR FRAUD objection, it is so ordered. S. RES. 243 AND RELATED ACTIVITY IN CONNEC- f Whereas biotechnology is a strategic in- TION WITH IDENTIFICATION DOCU- dustry and is increasingly important to the MENTS AND INFORMATION USED IN PRIVILEGES OF THE FLOOR research and development of products that ACTS OF TERRORISM. Mr. SANTORUM. Madam President, I improve health care, agriculture, industrial Section 1028(b)(4) of title 18, United States processes, environmental remediation, and Code, is amended— ask unanimous consent that Sara Lou- (1) by striking ‘‘or imprisonment’’ and in- ise Berk from my staff be permitted to biological defense; Whereas biotechnology has been respon- serting ‘‘and imprisonment’’; and be on the floor for debate on this sible for medical breakthroughs that have (2) by striking ‘‘or both,’’. amendment. benefited millions of people worldwide f The PRESIDING OFFICER. Without through the development of vaccines, anti- objection, it is so ordered. biotics, and other drugs; EXPRESSING THE SENSE OF CON- Mr. BROWNBACK. Mr. President, I SEC. 2. PENALTIES FOR FRAUD AND RELATED GRESS REGARDING THE PUBLIC ask unanimous consent floor privileges ACTIVITY IN CONNECTION WITH SAFETY OFFICER MEDAL OF IDENTIFICATION DOCUMENTS AND be granted to John Carter of the Immi- INFORMATION USED IN ACTS OF DO- VALOR gration Subcommittee staff for the du- MESTIC TERRORISM. Mr. REID. Madam President, I ask ration of this bill’s consideration. Section 1028(b)(4) of title 18, United States unanimous consent that the Senate The PRESIDING OFFICER. Without Code, is amended— proceed to the consideration of Cal- objection, it is so ordered. (1) by striking ‘‘of this title’’; and (2) by inserting before the semicolon the endar No. 347, H. Con. Res. 243. f following: ‘‘or an act of domestic terrorism The PRESIDING OFFICER. The MAKING TECHNICAL AMENDMENTS (as defined in section 2331(5))’’. clerk will report the concurrent resolu- TO SECTION 10 OF TITLE 9, SEC. 3. MANDATORY IMPRISONMENT FOR FRAUD tion by title. UNITED STATES CODE AND RELATED ACTIVITY IN CONNEC- The legislative clerk read as follows: TION WITH IDENTIFICATION DOCU- Mr. REID. Madam President, I ask MENTS AND INFORMATION USED IN A concurrent resolution (H. Con. Res. 243) unanimous consent that the Senate ACTS OF TERRORISM. expressing the sense of the Congress that the Section 1028(b)(4) of title 18, United States Public Safety Officer Medal of Valor should proceed to the consideration of Cal- be presented to the public safety officers who endar No. 287, H.R. 861. Code, is amended— (1) by striking ‘‘or imprisonment’’ and in- have perished and select other public safety The PRESIDING OFFICER. The serting ‘‘and imprisonment’’; and officers who deserve special recognition for clerk will report the bill by title. (2) by striking ‘‘or both,’’. outstanding valor above and beyond the call of duty in the aftermath of the terrorist at- The legislative clerk read as follows: f A bill (H.R. 861) to make technical tacks in the United States on September 11, amendments to section 10 of title 9, ENHANCED PENALTIES FOR ENA- 2001. United States Code. BLING TERRORISTS ACT OF 2002 There being no objection, the Senate There being no objection, the Senate Mr. REID. Madam President, I ask proceeded to consider the concurrent proceeded to consider the bill. unanimous consent that the Judiciary resolution. Mr. REID. Madam President, I ask Committee be discharged from consid- Mr. LEAHY. Madam President, today unanimous consent that the bill be eration of S. 1981 and that the Senate in the Senate Judiciary Committee we read the third time, and passed; that proceed to its consideration. passed en bloc by unanimous consent the motion to reconsider be laid on the The PRESIDING OFFICER. Without three Sense of Congress resolutions in- table, with no intervening action or de- objection, it is so ordered. troduced by Representative JOE CROW- bate, and that any statements related The clerk will report the bill by title. LEY, Senator TOM HARKIN, and Senator thereto be printed in the RECORD. The legislative clerk read as follows: TED STEVENS, respectively, to honor The PRESIDING OFFICER. Without A bill (S. 1981) to enhance penalties the police officers, firefighters and objection, it is so ordered. for fraud in connection with identifica- emergency personnel who responded to The bill (H.R. 861) was read the third tion documents that facilitates an act the terrorist attacks on September 11, time and passed. of domestic terrorism. 2001. I am pleased that the full Senate f There being no objection, the Senate is now taking up these resolutions for proceeded to consider the bill. final passage. DESIGNATING THE WEEK OF Mr. REID. Madam President, I ask I thank Senator SCHUMER, and, in APRIL 21–28, 2002, AS ‘‘NATIONAL unanimous consent that the bill be particular, the Fraternal Order of Po- BIOTECHNOLOGY WEEK’’ read the third time, and passed, the lice and its president, Steve Young, for Mr. REID. Madam President, I ask motion to reconsider be laid on the their leadership and strong support for unanimous consent that the Judiciary table; that any statements relating to honoring the fallen September 11 first Committee be discharged from further the bill be printed in the RECORD as if responders. consideration of S. Res. 243 and the given, all without any intervening ac- There were so many examples of Senate proceed to its consideration. tion or debate. bravery and courage on September 11 The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without and there is no doubt that the extraor- objection, it is so ordered. objection, it is so ordered. dinary heroism of our police officers, S2990 CONGRESSIONAL RECORD — SENATE April 18, 2002 firefighters and emergency personnel fair and quick compensation to ter- rorist attacks, many of whom would perish should be recognized. rorist victims and their families. when the twin towers of the World Trade Last year, I was proud to work with I look forward to continuing to work Center collapsed upon them after they rushed to the aid of innocent civilians who Senator STEVENS, Senator HATCH and in a bipartisan manner with my Senate were imperiled when the terrorists first other members of the committee to colleagues on legislation to support our launched their attacks; enact legislation, which I cosponsored, Nation’s public safety officers who put Whereas thousands more public safety offi- to authorize the President to award their lives at risk every day to protect cers continued to risk their own lives and and present the Medal of Valor to pub- us. long-term health in sifting through the lic safety officers, upon the selection Mr. REID. Madam President, I ask aftermath and rubble of the terrorist attacks and recommendation of the Medal of unanimous consent that the concur- to rescue those who may have survived and Valor Review Board, for extraordinary rent resolution and the preamble be to recover the dead; Whereas the Public Safety Officer Medal of valor above and beyond the call of agreed to, en bloc; that the motion to Valor Act of 2001 (Public Law 107–12, 115 duty. reconsider be laid upon the table; and Stat. 20) authorizes the President to award Well before the terrorist attacks, that any statements relating to the and present in the name of Congress, a Medal Congress and the President decided concurrent resolution be printed in the of Valor to public safety officers for extraor- that the award would have the most RECORD. dinary valor above and beyond the call of meaning if firefighters and police and The PRESIDING OFFICER. Without duty; other public safety officers them- objection, it is so ordered. Whereas the Attorney General of the selves—the peers of those who will be United States has discretion to increase the The concurrent resolution (H. Con. number of recipients of the Medal of Valor honored—made the selections of can- Res. 243) was agreed to. under that Act beyond that recommended by didates. The preamble was agreed to. the Medal of Valor Review Board in extraor- All 11 members of the Medal of Valor f dinary cases in any given year; Review Board have now been appointed Whereas the terrorist attacks against the and the Board met for the first time EXPRESSING THE SENSE OF CON- United States on September 11, 2001 and last month. I have full faith that the GRESS REGARDING THE PUBLIC their aftermath constitute the single most Medal of Valor Review Board members SAFETY OFFICER MEDAL OF deadly assault on our American homeland in will work quickly to award the Medal VALOR our Nation’s history; and of Valor to their fellow public safety Mr. REID. Madam President, I ask Whereas those public safety officers who perished and were injured, and all those who officers involved in the September 11 unanimous consent that the Senate participated in the efforts to rescue whom- terrorist attacks. As chairman of the proceed to the consideration of Cal- ever may have survived the terrorist attacks Senate Judiciary Committee, I cer- endar No. 349, S. Con. Res. 75. and recover those whose lives were taken so tainly support awarding the Public The PRESIDING OFFICER. The suddenly and violently are the first casual- Safety Medal of Valor to the fallen clerk will report the concurrent resolu- ties and veterans of America’s new war heros of September 11. tion by title. against terrorism, which was unanimously Since my time as a Chittenden Coun- The legislative clerk read as follows: authorized by the Authorization for Use of ty States’ Attorney in Vermont, I have Military Force (Senate Joint Resolution 23, A concurrent resolution (S. Con. Res. 75) to enacted September 14, 2001): Now, therefore, taken a keen interest in law enforce- express the sense of the Congress that the be it ment in my home State and around the Public Safety Officer Medal of Valor should Resolved by the Senate (the House of Rep- country. Vermont has the reputation be presented to public safety officers killed resentatives concurring), That it is the sense of being one of the safest states in or seriously injured as a result of the ter- of Congress that— which to live, work and visit, and rorist attacks perpetrated against the (1) the President should award and present United States on September 11, 2001, and to in the name of Congress a Public Safety Offi- rightly so. In no small part, this is due those who participated in the search, rescue, to the hard work of those who have cer Medal of Valor to every public safety of- and recovery efforts in the aftermath of ficer who was killed or seriously injured as a sworn to serve and protect us. We those attacks. result of the terrorist attacks perpetrated should do all we can to support and There being no objection, the Senate against the United States on September 11, protect them and all public safety offi- proceeded to consider the concurrent 2001, and to deserving public safety officer cers nationwide. resolution. who participated in the search, rescue, and I am proud of my legislative record Mr. REID. Madam President, I ask recovery efforts in the aftermath of those at- tacks; and in support of the public safety officers unanimous consent that the concur- in Vermont and the Nation. For exam- (2) such assistance and compensation as rent resolution and the preamble be may be needed should be provided to the pub- ple, Senator CAMPBELL and I authored agreed to, en bloc; that the motion to the Bulletproof Vest Partnership Grant lic safety officers who were injured or whose reconsider be laid upon the table; and health was otherwise adversely affected as a Acts of 1998 and 2000 to create and then that any statements relating to the result of their participation in the search, expand the $25 million Department of concurrent resolution be printed in the rescue, and recovery efforts undertaken in Justice program to provide grants to RECORD. the aftermath of the terrorist attacks of law enforcement officers to buy bullet- The PRESIDING OFFICER. Without September 11, 2001. proof vests. This grant program has objection, it is so ordered. f funded almost 1,000 lifesaving vests for The concurrent resolution (S. Con. EXPRESSING THE SENSE OF CON- Vermont officers and more than 300,000 Res. 75) was agreed to. GRESS REGARDING THE PUBLIC vests for officers across the country. The preamble was agreed to. Specifically in response to the terror- SAFETY OFFICER MEDAL OF The concurrent resolution, with its ists attacks of September 11, I nego- VALOR preamble, reads as follows: tiated a retroactive $100,000 increase in Mr. REID. Madam President, I ask the total benefit under the Public Safe- S. CON. RES. 75 unanimous consent that the Senate ty Officers’ Benefits Program as part of Whereas on September 11, 2001, terrorists proceed to the consideration of Cal- the USA PATRIOT Act. Congress need- hijacked and destroyed 4 civilian aircraft, endar No. 348, S. Con. Res. 66. crashing 2 of them into the towers of the ed to act immediately to provide The PRESIDING OFFICER. The World Trade Center in New York City, a clerk will report the concurrent resolu- much-needed relief for the families of third into the Pentagon, and a fourth in the brave men and women of law en- tion by title. rural southwest Pennsylvania; The legislative clerk read as follows: forcement who sacrificed their own Whereas thousands of innocent Americans lives for their fellow Americans. Al- and many foreign nationals were killed and A concurrent resolution (S. Con. Res. 66) to injured as a result of the surprise terrorist express the sense of the Congress that the though an increase in the PSOB bene- Public Safety Officer Medal of Valor should fits can never be a substitute for the attacks, including the passengers and crews of the 4 aircraft, workers in the World Trade be awarded to public safety officers killed in loss of a loved one, it was the right the line of duty in the aftermath of the ter- Center and the Pentagon, firefighters, law rorist attacks of September 11, 2001. thing to do for the families of our fall- enforcement officers, emergency assistance en heros. In addition, I helped draft personnel, and bystanders; There being no objection, the Senate legislation to create the September 11 Whereas hundreds of public safety officers proceeded to consider the concurrent Victims Compensation Fund to provide were killed and injured as a result of the ter- resolution. April 18, 2002 CONGRESSIONAL RECORD — SENATE S2991 Mr. REID. Madam President, I ask situations, responding to these horrendous 1:30 p.m. on Monday to file first-degree unanimous consent that the concur- events and acting heroically, without con- amendments to the energy reform bill, rent resolution and preamble be agreed cern for their own safety, trying to help and and that the live quorum under rule to, en bloc; that the motion to recon- to save as many of the lives of others as pos- XXII be waived. sible in the impact zones, in spite of the sider be laid upon the table; and that clear danger to their own lives; and The PRESIDING OFFICER. Without any statements relating to the concur- Whereas these attacks were by far the objection, it is so ordered. rent resolution be printed in the deadliest terrorist attacks ever launched f RECORD. against the United States: Now, therefore, be The PRESIDING OFFICER. Without it PROGRAM objection, it is so ordered. Resolved by the Senate (the House of Rep- The concurrent resolution (S. Con. resentatives concurring), That it is the sense Mr. REID. Madam President, the Res. 66) was agreed to. of Congress that— Senate will vote on cloture on the (1) because of the tragic events of Sep- The preamble was agreed to. Daschle-Bingaman substitute amend- tember 11, 2001, the limit on the number of ment to the energy reform bill on The concurrent resolution, with its Public Safety Officer Medals of Valor should preamble, reads as follows: be waived, and a medal should be awarded Tuesday. The Senate will not be in ses- S. CON. RES. 66 under the Public Safety Officer Medal of sion tomorrow and there will be no Whereas the Public Safety Officer Medal of Valor Act of 2001 to any public safety officer, rollcall votes on Monday. Valor Act of 2001 (Public Law 107–12, 115 as defined in that Act, who was killed in the Madam President, I congratulate the Stat. 20)— line of duty; and Senate in its entirety for the work we (A) allows the President to award, and (2) the Medal of Valor Review Board should did this week. We accomplished a great present in the name of Congress, a Medal of give strong consideration to the acts of brav- deal, even though our time was com- Valor to a public safety officer cited by the ery by other public safety officers in re- pressed and the days were very long. Attorney General of the United States, upon sponding to these events. the recommendation of the Medal of Valor f f Review Board, for extraordinary valor above and beyond the call of duty; and ORDERS FOR MONDAY, APRIL 22, ADJOURNMENT UNTIL 1 P.M. (B) provides that the Public Safety Officer 2002 MONDAY, APRIL 22, 2002 Medal of Valor shall be the highest national Mr. REID. Madam President, I ask Mr. REID. If there is no further busi- award for valor by a public safety officer; unanimous consent that when the Sen- ness to come before the Senate, I ask Whereas on September 11, 2001, terrorists ate completes its business today, it ad- hijacked and destroyed 4 civilian aircraft, unanimous consent that the Senate journ until the hour of 1 p.m. on Mon- crashing 2 of the planes into the towers of day, April 22; that immediately fol- stand in adjournment under the pre- the World Trade Center in New York City, vious order. and a third into the Pentagon in suburban lowing the prayer and the pledge, the Journal of proceedings be approved to There being no objection, the Senate, Washington, DC; at 8:40 p.m., adjourned until Monday, Whereas thousands of innocent Americans date, the morning hour be deemed to were killed or injured as a result of these at- have expired, the time for the two lead- April 22, 2002, at 1 p.m. tacks, including rescue workers, police offi- ers be reserved for their use later in f cers, and firefighters at the World Trade the day, and there be a period for Center and at the Pentagon; morning business until 2 p.m., with CONFIRMATION Whereas these attacks destroyed both tow- Senators permitted to speak for up to ers of the World Trade Center, as well as ad- Executive nomination confirmed by 10 minutes each, with the time equally jacent buildings, and seriously damaged the the Senate April 18, 2002: divided between the two leaders or Pentagon; THE JUDICIARY Whereas police officers, firefighters, public their designees; that at 2 p.m., the Sen- LEGROME D. DAVIS, OF PENNSYLVANIA, TO BE UNITED safety officers, and medical response crews ate resume consideration of the energy STATES DISTRICT JUDGE FOR THE EASTERN DISTRICT were thrown into extraordinarily dangerous reform bill; that Senators have until OF PENNSYLVANIA.