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, TUESDAY, APRIL 23, 2002 No. 46 House of Representatives The House met at 12:30 p.m. and was far as to say that the 1996 legislation work, and she was proud of them, but called to order by the Speaker pro tem- was, quote, the most brutal act of so- they felt pride in their accomplish- pore (Mr. FLETCHER). cial policy since reconstruction, end ments as well. f quote. Well, Mr. Speaker, we now have the Welfare reform has positively af- DESIGNATION OF SPEAKER PRO benefit of time and we have the benefit fected both the recipient and well-in- TEMPORE of the U.S. Census Bureau data on fam- tentioned yet often misguided pro- The SPEAKER pro tempore laid be- ily income and poverty for the year grams. Program leaders have realized fore the House the following commu- 2000, thereby allowing informed judg- that offering material goods and nication from the Speaker: ments in the debate on welfare reform money is no substitute for personal en- WASHINGTON, DC, and, of course, its benefits to the poor. gagement, instruction, and mentoring. April 23, 2002. This new data suggests great strides The previous welfare system uninten- I hereby appoint the Honorable ERNIE have been made since 1996. For the sev- tionally engendered dependency and FLETCHER to act as Speaker pro tempore on enth year in a row, poverty is down. encouraged irresponsibility. Today’s this day. Even more, African American and His- welfare-to-work mentoring programs J. DENNIS HASTERT, panic households had their lowest pov- Speaker of the House of Representatives. erty rates ever. And the overall child are established to reach impoverished f poverty rate was lower than in any city residents beyond just monetary support. It is a way of recapturing a MORNING HOUR DEBATES year since 1976. During the debate in 1996, the Urban commitment to others. The SPEAKER pro tempore. Pursu- Institute predicted that if this bill was While social welfare policies pri- ant to the order of the House of Janu- enacted, the 1996 reforms would cast marily affect various individual aid re- ary 23, 2002, the Chair will now recog- another 1 million children into pov- cipients, they also affect the families nize Members from lists submitted by erty. Mr. Speaker, on the contrary, the majority and minority leaders for nearly 3 million children have been of the working poor, the governmental morning hour debates. The Chair will lifted out of poverty since 1996. The Af- agencies administering welfare pro- alternate recognition between the par- rican American child poverty rate and grams, and institutions of civil society, ties, with each party limited to not to the poverty rate for children living including social service nonprofit orga- exceed 30 minutes, and each Member, with single mothers are both at their nizations. However, welfare reform’s except the majority leader, the minor- lowest points in United States history. most profound influence is seen in its ity leader, or the minority whip, lim- In fact, child poverty has declined effect on our families. Reform is assist- ited to not to exceed 5 minutes. more than twice as much during the ing parents in becoming responsible The Chair recognizes the gentleman economic recovery of the 1990s as it did role models. The resulting positive in- from Florida (Mr. STEARNS) for 5 min- during the economic recovery of the fluence for the children is immeas- utes. 1980s. urable. f Welfare reform has removed the ‘‘ex- pectation-less’’ public safety net that Mr. Speaker, the critics were wrong. WELFARE REFORM served more as a hindrance than a mo- Millions of families have been lifted Mr. STEARNS. Mr. Speaker, I would tivational tool. As required by the 1996 from poverty by trading their welfare like to bring a little good news to the law, States have overhauled their work check for a paycheck. As we begin to floor this morning on the subject of requirements. As a result, in fiscal reauthorize the welfare programs en- welfare reform. When the 1996 welfare year 2000, the percentage of working acted in 1996, let our vision for inde- reform bill was debated in Congress, welfare recipients reached an all-time pendence rather than dependence be scholars across this country, legisla- high, up to 33 percent from 11 percent maintained. Surely we have seen a rev- tors at the State and Federal level, in in 1996. The poorest 40 percent of sin- the Senate and the House alike, pre- gle-mother families increased their olution in how government addresses dicted that a welfare system which de- earnings by about $2,300 per family on the needs of the poor through assist- manded work, imposed sanctions, and average between 1995 and 1999. Many ance and empowerment. However, the operated under time restrictions would single mothers leaving welfare told re- real success belongs to the individual result in huge declines in family in- searchers and reporters that not only who took responsibility for themselves come. One Member of Congress went so were their children proud of their and their families.

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

H1491

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VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00001 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.000 pfrm12 PsN: H23PT1 H1492 CONGRESSIONAL RECORD — HOUSE April 23, 2002 DOMESTIC STEEL INDUSTRY IN transshipment of other items and the Mr. SMITH of Michigan. Mr. Speak- CRISIS transshipment of illegal narcotics er, the leadership is currently consid- The SPEAKER pro tempore. Pursu- through Mexico, and to prevent the im- ering a proposal to change the defini- ant to the order of the House of Janu- portation of unsafe foods. The sad tion of debt subject to the debt limit. ary 23, 2002, the gentleman from Ohio truth is the Federal Government, be- This proposal would create a new lower (Mr. BROWN) is recognized during morn- cause of Republican budget cuts, in- limit applying only to debt held by the ing hour debates for 5 minutes. spects only 1 percent of all the imports, public. This would exclude debt owed Mr. BROWN of Ohio. Mr. Speaker, in food and any other kinds of steel im- to government trust funds, principally recent years the United States has be- ports and anything else, only 1 percent the Social Security and Medicare trust come the world’s largest steel dumping of the imports that cross the U.S.- funds. As chairman of the Speaker’s ground at the expense of U.S. jobs, U.S. Mexican border. Our border agents sim- debt limit task force in 1995 and 1996, I families, the U.S. economy, and maybe ply do not have the resources necessary oppose this proposal. U.S. national security. It is a fact. This to prevent illegally transshipped steel Ending the inclusion of debt held by fact must be addressed now. from entering our country. government trust funds, what the gen- As a Nation, we import more than The current tariff remedy has al- eral fund has borrowed from Social Se- twice as much steel than we did in 1991 ready been diluted by the Bush admin- curity and Medicare, in the statutory and we do so at prices significantly istration. The holes in this steel tariff debt limit is unwise for good fiscal rea- lower than those in 1998. This surge in that President Bush himself created se- sons. I think that the proposal of cre- illegally dumped steel has been dev- verely weaken our safeguards against ating two classes of debt will create op- astating to the domestic steel indus- illegal dumping. During an October portunities for the manipulation of try. In the last 4 years, 26 steel compa- visit in 2000 to Weirton, West Virginia, government accounts to disguise the nies have filed for bankruptcy; seven- then Vice Presidential Candidate DICK true level of debt. teen have filed for bankruptcy protec- CHENEY criticized the Clinton adminis- This concern is not wholly theo- tion in the last year alone. This list in- tration’s handling of the steel issue. He retical. The Treasury has used some cludes three companies in northeast pledged that a Bush administration accounting gimmicks available in the Ohio: RTI of Lorain; LTV Steel of would take action on the steel crisis, past. As my debt limit task force re- Cleveland; and CSC Steel in Warren. and he told steelworkers, ‘‘We will port documented, the Treasury di- I recently joined civic leaders, com- never lie to you. If our trading partners vested $39.8 billion from the civil serv- pany executives, and steelworkers at a violate trade laws, we will respond ice trust fund in November of 1995 to public rally for Lorain’s RTI, a steel swiftly and firmly.’’ avoid bumping up against the statu- manufacturer that employs 1,500 people The steel industry needs the adminis- tory debt limit. Though the divestment in my district. At the rally, I cited the tration to follow through on that was reversed after an increase in the President’s decision to impose a sec- promise. The domestic survival of this debt limit, it put the retirement bene- tion 201 steel tariff as one of the pri- industry absolutely depends on it. The fits of millions of government employ- mary reasons that I was optimistic. survival of this industry is not just an ees at risk while masking the true size But at the same time we were rallying economic issue. It is also an issue of of government obligations. If we in support of RTI, the President’s national security. We must protect the change the debt ceiling to apply only Treasury Secretary was telling Euro- 700,000 hard-working families who rely to Wall Street debt, the same thing pean leaders that he expected a large on this industry for their salaries, for could happen to Social Security and proportion of the tariff exemption ap- their pensions, and for their health Medicare. plications filed with the United States benefits. We also must ensure that we The truth is, however, that there are to be decided upon favorably by the retain the ability in terms of national only a limited number of opportunities United States. As a representative of a defense to manufacture steel for planes for this sort of finagling under current steel-producing State that has suffered and weapons and ships. law. Creating a broad class of accounts severe hardship due to illegal steel In addition to strict enforcement of outside of the debt limit will increase dumping, I was disturbed to hear the the Bush tariff, the Republican leader- the danger of this sort of manipulation President’s Treasury Secretary make ship in the House should respond to exponentially. Further, it will com- comments shifting the administration public demand, should respond to a ma- plicate government accounting and away from its own recently imposed 30 jority of Members on both sides of the make it even more difficult to under- percent tariff on imported steel. These aisle, and bring the Steel Revitaliza- stand the government’s true financial statements have continued to be a tion Act to the House floor. In the fu- situation. source of great concern to those of us ture, Congress and the President must I have another concern as well. Tak- in Congress who had assumed, I hope respond to the public’s demand for U.S. ing government-held securities out of not wrongly, that the Bush administra- trade policies that actually support the debt limits comes close to saying tion was committed to enforcing its American workers. If the President is that our debts to bondholders on Wall own tariffs on illegally dumped steel. sincere about helping the steel indus- Street are more important, or more One can imagine the confusion these try, he will not allow these exemptions real, than our debts to the Social Secu- statements have caused the tens of suggested by his own Treasury Sec- rity and Medicare trust funds. The thousands of already anxious steel- retary. He will not allow these inappro- change could be portrayed as dis- workers. The President’s remedy ex- priate exemptions to erode the effec- counting our obligations to Social Se- cludes steel coming from Korea and tiveness of his tariffs. He will not back curity and Medicare while protecting Australia. The tariff remedy also ex- away from these measures before they Wall Street bondholders. It would be, cludes steel from our NAFTA partners, have been given a chance to work. in fact, a denial of the fiscal mess we Canada and Mexico, which opens up the To give concerned Members of Con- are in with our entitlement programs. very real possibility of the illegal gress, Mr. Speaker, and employees of Not only do we owe that money in the transshipment from Asian countries or the steel industry confidence, I urge trust funds that some would like to ig- somewhere else through Mexico or Can- President Bush to publicly affirm his nore, we have tens of billions of dollars ada. A Mexican steel company, for ex- support for his own administration’s of unfunded liabilities for Social Secu- ample, could easily have foreign steel steel tariffs. rity and Medicare. We have to face up shipped to a plant in Mexico, where f to this challenge and make some hard they then could redirect it to the decisions. Instead, the proposed debt United States with little or no direct ADMINISTRATION CONSIDERS ceiling change would sweep it under value added. LOWER PUBLIC DEBT LIMIT the rug, our future obligations, leaving Administration trade officials have The SPEAKER pro tempore. Pursu- the problem to our children and grand- argued that there are appropriate con- ant to the order of the House of Janu- children. trols in place to prevent this trans- ary 23, 2002, the gentleman from Michi- If we are interested in honest ac- shipment of foreign steel, but there are gan (Mr. SMITH) is recognized during counting and fair depiction of our gov- also controls in place to prevent the morning hour debates for 5 minutes. ernment finances, we would increase

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00002 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.003 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1493 the debt ceiling dramatically to ac- people coming in to take our jobs. No, and justice. Who are we to say. Each of count for these unfunded liabilities, immigration deals with individuals us, all of us can count an experience of what we have promised in Social Secu- who come here to reunite with their coming to this land of opportunity. No rity and Medicare which are going to family, who come to be a part of this one, except for our native Americans, be future debt and future cost, and we great country, who are law-abiding, has any standing to suggest who can would account for these in addition to tax-paying individuals and families, come in and who cannot. We must have what we have borrowed from the Social and they are hard working. Immigrants procedures and laws. We must promote Security and Medicare trust funds as represent the infrastructure and base legal immigration and access to legal- well as the so-called Wall Street debt. of the agricultural industry; and if we ization, but we must also as a country stand for our values. b 1245 talk to those who are in that industry, they will be the biggest champions of Mr. Speaker, we will get that oppor- Perhaps raising the debt ceiling those who come to work, but maybe tunity to debate this important bill on would wake up those in Congress who not so much the champions of good the floor of the House this coming hope the obligations of the entitlement working conditions and housing condi- Thursday. It started out as H.R. 1562, program will simply go away or simply tions and compensation. which I wrote some years ago; and it is be dealt with with future Congresses, So America has to be honest and true a compromise bill, working together because it is politically difficult to ac- to its values and balance the reunifica- with both sides of the aisle. But I am knowledge how and who is going to pay tion of families and the fairness of our very proud of the Children’s Bureau for those future obligations. I would Nation with the fact that we must have that has been included and the fact just like to say that Chairman Alan a system that thwarts illegal immigra- that we now have a structure that al- Greenspan suggests that possibly we tion, but respects and acknowledges ac- lows for a command chain to be in should have no statutory debt limit, cess to legalization and family reunifi- place and to also be able to fix the because the true obligation comes from cation. problems, fix what is broken, and to be how much Congress spends and legisla- This week, we will be dealing with able to respect that all of us have tion we pass promising future benefits the restructuring of the INS. Some call walked and all of us have come for free- or future spending. I disagree. it the abolishing of the INS. It is a re- dom and justice and opportunity. Though painful, I believe that we vamping and a redoing. It is to set up I hope that this does not wallow into should have a full discussion about how an agency that can work. We establish, the accusations of anti-immigrant poli- much debt, including the unfunded li- for the first time in history, a Chil- cies and debate. I hope that it talks abilities, our country should leave to dren’s Bureau that deals with the many about what this bill is; and it is to fix future generations, and how this would children that come unattended to the the system, to protect our borders, to best meet our country’s goals of fiscal United States, who need either an op- ensure that we have protection for discipline and honest government ac- portunity to be reunited with their those who come legally and the ac- counting. families, or to be sent to their home- knowledgment of those who do not. Then I hope, lastly, that we will bring f land. It provides a real office of student America together, because that is what IMMIGRATION REFORM tracking so the tragedies of September this country stands for, unity and an The SPEAKER pro tempore (Mr. 11 with student visas not being appro- affirmation of our wonderful values. FLETCHER). Pursuant to the order of priately tracked will have at least an f the House of January 23, 2002, the gen- office. It gives the position of the Dep- COMMEMORATION AND REMEM- tlewoman from Texas (Ms. JACKSON- uty Associate Attorney General, the BRANCE OF THE ARMENIAN LEE) is recognized during morning hour second-highest-ranking job in the De- GENOCIDE debates for 5 minutes. partment of Justice, the responsibility The SPEAKER pro tempore. Pursu- Ms. JACKSON-LEE of Texas. Mr. of covering two bureaus, one dealing Speaker, the challenges of this Con- ant to the order of the House of Janu- with those accessing legalization and ary 23, 2002, the gentlewoman from gress are many, and there are many di- the other dealing with enforcement. It verse interests that we have. Rep- Maryland (Mrs. MORELLA) is recognized provides a line of chain of command so during morning hour debates for 5 min- resentatives of the people’s House come that the centers and district offices are from all over the Nation, and clearly utes. coordinated and there is not one hand Mrs. MORELLA. Mr. Speaker, I rise they offer to the American people the saying something different from the as a member of the Congressional Cau- best opportunity to debate the issues other hand, that enforcement is not in cus on Armenian Issues to commemo- that Americans are concerned about. conflict with services, but that they rate tomorrow’s eighth annual Capitol One of those that causes a great deal are coordinated. Hill observance of the 87th anniversary of confusion, of course, is the policies Someone said, it is going to be under of the Armenian genocide. I do want to of immigration and the work of the Im- the Department of Justice and I do not thank my colleagues on the caucus, in- migration and Naturalization Service. like that. It is under the Department of cluding the Chairs, the gentleman from More than any other time, Sep- Justice now. But we are abolishing it New Jersey (Mr. PALLONE) and the gen- tember 11 helped the issues of immigra- in its form so that the administration tleman from Michigan (Mr. KNOLLEN- tion to explode on the psyche of Ameri- can change the infrastructure under BERG), for their work in organizing the cans. I have constantly said as the the umbrella of this new legislation. I tribute that will take place tomorrow ranking member of the Subcommittee would only hope that they will take up evening. This observance does take on Immigration that immigration does the chance and work with Congress. We place every year on April 24. I hope not equate to terrorism. So many of us will be fighting for more resources and that my comments a day earlier will came to this land in many different professional development training for attest to my earnestness and passion forms, some voluntarily and some in- the employees and the right of these about the issue. voluntarily. particular leaders of this agency to se- It was on that date in 1915 that more Mr. Speaker, we have this week the lect new staff, energized staff to be able than 200 Armenian religious, political opportunity to address the questions of to work on these issues. and intellectual leaders were arrested fixing the Immigration and Naturaliza- I hope that the op-eds in the editorial in Constantinople and murdered. Over tion Service agency, to be able to ad- pages of America’s newspapers will the next 8 years, persecution of Arme- dress the concerns not only of Ameri- take the time to read and understand nians intensified; and by 1923, more cans, but Members of Congress, who legislation as opposed to making blan- than 1.5 million had died and another day after day and time after time ket comments about what they do not 500,000 had gone into exile. At the end spend a good 60 percent or more of like and do like. All of us have prob- of 1923, all of the Armenian residents of their office staff time addressing the lems with the systems that are broken Anatolia and Western Armenia had questions of immigration. in the immigration structure, but we been either killed or deported. Some would say, here we go again, cannot have problems with those who The genocide was criticized at the talking about illegal immigrants and come to this land seeking opportunity time by our United States Ambassador,

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00003 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.025 pfrm12 PsN: H23PT1 H1494 CONGRESSIONAL RECORD — HOUSE April 23, 2002 Henry Morgenthau, who accused the Mr. BLUMENAUER. Mr. Speaker, as Our bill provides grants for the Turkish authorities of ‘‘giving the we deal with global issues that at States to help do their work. It does death warrant to a whole race.’’ The times threaten to overwhelm us, there not dictate a one-size-fits-all approach, founder of the modern Turkish nation, are issues here at home that we can get but rather, recognizes that each State Kemal Ataturk, condemned the crimes our arms around that deal with the is unique and wants its own approach. perpetrated by his predecessors. Yet quality of life, one being the con- What is important is that the States this forthright and sober analysis has sequence of unplanned growth and de- take an approach. The bill would re- been ignored by the United States dur- velopment right here in our neighbor- ward them for moving forward. hood. Some call it sprawl; others call it ing the last decade. It is true that one size does not fit The intransigence of this and prior dumb growth. The facts are that many all, and that is precisely why this legis- administrations to recognizing and Americans are increasingly frustrated lation does not mandate any particular commemorating the Armenian geno- by the consequences of haphazard de- action by the State or local level. It in- cide demonstrates our continued dif- velopment and a failure to balance the stead provides an incentive for States ficulty in reconciling the lessons of needs of individuals, businesses, and to address the issues that most directly history with what we believe, and that the natural environment and the ac- affect their prosperity and well-being, is, those who fail to learn the lessons of tivities that impact on people’s lives such as promoting sustainable develop- history are condemned to repeat them. now. ment in economic and social equity; We have seen this continually in this I have worked with the American coordinating transportation, housing, century, the abject failure to learn and Planning Association and a bipartisan education, and other infrastructure de- apply this basic principle. The Arme- group of Members of Congress in both velopment; and conserving historic re- nian genocide has been followed by the Chambers to produce the Community sources and the environment. Holocaust against the Jews, mass Character Act, legislation which would killings in Kurdistan, Rwanda, Bu- provide incentives and resources to as- We all have a stake in this effort, and rundi, and Bosnia. Many of these situa- sist communities, cities, and States to the Federal Government has a critical tions are ongoing, and there seems lit- develop appropriate responses. role to play. Our Federal Government tle sense of urgency or moral impera- Recently, this legislation came under has been involved in land use issues tive to resolve them. attack by the administration. The Sec- since the beginning of the Republic, This was brought home to me when I retary of Housing and Urban Develop- when we took land away from the Na- visited the memorial of the genocide in ment, Mel Martinez, stated that the tive Americans and gave it to Euro- Yerevan, Armenia, when I led the dele- proposed legislation would ‘‘infringe on peans to farm, and in building our Na- gation there several years ago; and the rights of local and State govern- tion’s transportation infrastructure of here in the United States I have seen ments to manage their growth.’’ ports, roads, railroads, canals, the air He went on to say that it ‘‘sets a dan- the anguish on the faces of the sur- system, the Internet highway system. gerous precedent to make the Sec- vivors and I have talked to the families Those were all Federal initiatives. retary of HUD, Commerce or Agri- who have lost loved ones during that culture the land use arbiter with the It sets the rules, like for wetlands de- holocaust of the Armenians. velopment; and then there is the Clean Commemoration of the Armenian power to usurp the local government’s authority.’’ It is clear that the Sec- Air Act, the Clean Water Act, the En- genocide is important, not only for its retary and his staff have not analyzed dangered Species Act, that all have a acknowledgment of the suffering of the this bill. Indeed, they have appeared profound effect on Americans and on Armenian people, but also for estab- not to have read it at all. how we use our land. lishing a historical truth. It also dem- A key reason for the Community But most important, the Federal onstrates that events in Armenia, Nazi Character Act and a primary obstacle Europe, and elsewhere should be seen Government is the largest landlord, to State comprehensive planning stems landowner, and employer in this great not as isolated incidents, but as part of from the outdated statutes in place at a historical continuum, showing that country. Instead of creating conflicts the State level. Roughly half the that do not exist, the Federal Govern- the human community still suffers States rely on a model of land use plan- from its basic inability to resolve its ment needs to do three simple things: ning legislation that was created by It needs to be a better steward of our problems peacefully and with mutual the Department of Commerce over 70 respect. own lands; it needs to follow the same years ago. The transformation of rules that we ask the rest of America Last year, I sent a letter to our America’s landscape and settlement Maryland legislators with several of to follow in dealing with their land; patterns since the 1920s has changed and finally, it needs to be a better part- my colleagues here in the House urging drastically. Updating State plans are their support of the Maryland Day of ner with State and local governments necessary to create the framework that across the country. Remembrance. I am pleased to say that will allow the States to address the last April, Maryland joined 27 other modern world and adequately plan for Together with the Federal Govern- States to pass resolutions condemning the future. ment as a partner with the private sec- the Armenian genocide. I am proud to The Community Character Act di- tor, State and local governments, and have joined 161 of my House colleagues rectly responds to the widespread con- individual communities, we can make in sending a letter to President Bush cerns of citizens and local governments our communities more livable, where urging him to appropriately acknowl- on this issue. In 1999, approximately our families are safer, healthier, and edge the Armenian genocide in his 1,000 land-use reform bills were intro- more economically secure. April 24 commemoration statement. duced in legislatures across the coun- I strongly urge the administration We urge President Bush to follow Sen- try. and my colleagues to support the Com- ator Bob Dole’s message to simply munity Character Act to help get us ‘‘state the truth.’’ There was an b 1300 there. English poet who once said, ‘‘Truth is On Election Day 2000, there were over beauty, beauty, truth. We ask for the 550 State and local ballot measures re- truth.’’ lated to land use planning and develop- f f ment issues. Over 70 percent of them passed. RECESS H.R. 1433, THE COMMUNITY A recent survey indicated that 78 per- CHARACTER ACT cent of the voters believe that it is im- The SPEAKER pro tempore (Mr. The SPEAKER pro tempore. Pursu- portant for this Congress to help com- FLETCHER). Pursuant to clause 12 of ant to the order of the House of Janu- munities solve problems associated rule I, the Chair declares the House in ary 23, 2002, the gentleman from Or- with urban growth. More than 75 per- recess until 2 p.m. egon (Mr. BLUMENAUER) is recognized cent of the voters think Congress Accordingly (at 1 o’clock and 3 min- during morning hour debates for 5 min- should provide incentives, funding, and utes p.m.), the House stood in recess utes. other resources to help with livability. until 2 p.m.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00004 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.004 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1495 b 1400 minute and to revise and extend his re- PENSACOLA CATHOLIC HIGH AFTER RECESS marks.) SCHOOL Mr. PITTS. Madam Speaker, the The recess having expired, the House (Mr. JEFF MILLER of Florida asked economy is on the rebound. Most of our and was given permission to address was called to order by the Speaker pro key economic indicators are showing tempore (Mrs. BIGGERT) at 2 p.m. the House for 1 minute and to revise good news, but one thing is hanging and extend his remarks.) f heavy on the economy. The collapse of Mr. JEFF MILLER of Florida. PRAYER Enron has shaken America’s faith in Madam Speaker, I rise today to honor American corporations and accounting The Chaplain, the Reverend Daniel P. the students and faculty of Pensacola practices. Even the stock market is Coughlin, offered the following prayer: Catholic High School. For 7 years, stu- suffering because of this. Lord God, the decline of trust in gov- dents at Pensacola Catholic High have Congress needs to address this. This ernment and other institutions in the embraced Make A Difference Day. week we will be voting on the Cor- United States over the past 30 years Make A Difference Day was created by porate and Auditing Accountability, has long been documented. USA Weekend Magazine and is one of Responsibility, and Transparency Act. Young people float through an age of the most encompassing national days This bill will improve corporate re- disillusionment while older people sur- of helping others, a celebration of sponsibility, reform accounting over- vive on comparisons with yesterday. neighbors helping neighbors. sight, and increase corporate disclo- The credibility gap affects Americans They have achieved the astronomical sure. of all ages and divides generations, participation rate of 80 percent. They Americans need to know that the while mistrust infects a virus in mar- have made it their annual mission to companies they are investing in are re- riage, friendship, as well as business help the elderly in Pensacola maintain porting their finances honestly. Ameri- and international relations. their homes and to pitch in around the cans need to know that their finances The psalmist tells every believer it is community. On October 27th, 2001, 450 will be protected, and Americans need better to place our trust in You, O students fanned out around Pensacola to know that they can diversify their Lord, than to trust in our own strength and painted four houses and an elemen- 401(k)s so they can protect themselves or trust in weapons or people of power. tary school, built nine picnic tables, Since You alone are eternal faithful- from investments that do not do as cleaned two neglected cemeteries, ness, send forth Your spirit and renew well as expected. weeded a community rose garden, this Nation, that we may again become Madam Speaker, I call on my col- spruced up a homeless shelter’s play- trustworthy people, bringing hope to a leagues to pass this important bill and ground, and made $1,300 at a car wash fearful world. tell every American that we care about for the school’s Make A Difference Day Let the rebuilding of trust begin honesty and integrity than we care scholarship fund. here. Lord, touch the Members of the about their retirement. The students were recognized as one House of Representatives, that they of the ten national honorees by the may be men and women of renewed in- f USA Weekend Magazine’s Make A Dif- tegrity and solidarity. ference Day. The students will receive Step by step, may human vulner- SHIPPING NUCLEAR WASTE TO a $10,000 Make A Difference Day award, ability be turned into virtue as all YUCCA MOUNTAIN funded by Newman’s Own, and have work to strengthen relationships that (Ms. BERKLEY asked and was given selflessly donated it to Catholic Char- will bind people in solid faithfulness permission to address the House for 1 ities of Northwest Florida. both now and forever. minute and to revise and extend her re- I commend these selfless students for Amen. marks.) all they have done to the betterment of f Ms. BERKLEY. Madam Speaker, Northwest Florida. THE JOURNAL Congress will soon vote on whether to f send nuclear waste to a scientifically The SPEAKER pro tempore. The unsound and leaky repository at Yucca LUDWIG KOONS Chair has examined the Journal of the Mountain, Nevada. The Department of (Mr. LAMPSON asked and was given last day’s proceedings and announces Energy has tried to hide how they plan permission to address the House for 1 to the House her approval thereof. to ship at least 77,000 tons of toxic nu- minute.) Pursuant to clause 1, rule I, the Jour- clear waste through 45 States. There Mr. LAMPSON. Madam Speaker, nal stands approved. may be more than 108 shipments, not about 1,000 children a year are taken f to mention as many as 3,000 shipments outside the borders of the United PLEDGE OF ALLEGIANCE by barge. States. These are noncustodial paren- The real dirty secret that the DOE tal abductions. We have thousands of The SPEAKER pro tempore. Will the has tried desperately to ignore is the them across our country, and I urge gentleman from Florida (Mr. JEFF MIL- immense vulnerability of these trans- each of my colleagues to help join that LER) come forward and lead the House ports. More than 123 million people live fight to bring them home. in the Pledge of Allegiance. in the 703 counties along DOE’s pro- One such case is that of Jeff Koons, Mr. JEFF MILLER of Florida led the posed highway routes and 106 million who I have been talking about now for Pledge of Allegiance as follows: people live in counties along DOE’s rail several months. The last time I talked I pledge allegiance to the Flag of the routes. Even routine radiation from about it, he had been awarded custody United States of America, and to the Repub- lic for which it stands, one nation under God, the casks, given off while passing on by the courts in New York, but soon indivisible, with liberty and justice for all. the highway, would be a health risk for thereafter his ex-wife filed for custody people living and working in the vicin- and a divorce suit in Italy. Well, he f ity of the transportation routes. went along with that. MESSAGE FROM THE PRESIDENT The threat of terrorism is more real He argued the matter in Italy that A message in writing from the Presi- for Americans more now than ever. At New York laws should be followed. He dent of the United States was commu- every stage of transport, nuclear waste even went along and hired psychia- nicated to the House by Ms. Wanda would be vulnerable to a devastating trists to evaluate both himself and his Evans, one of his secretaries. terrorist attack that would result in ex-wife to see who would be fittest of f massive civilian casualties and severe the parents. Lo and behold, after a year financial loss. of investigation, the Italian court-ap- CORPORATE AND AUDITING AC- The risks associated with trans- pointed psychiatrist determined that COUNTABILITY, RESPONSIBILITY porting nuclear waste are clear. The custody should be granted to Mr. AND TRANSPARENCY ACT question is, are we willing to play nu- Koons. (Mr. PITTS asked and was given per- clear roulette with our Districts? Say On February 28, 1998, a panel of mission to address the House for 1 no and oppose Yucca Mountain. judges of the First Section of the Rome

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00005 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.007 pfrm12 PsN: H23PT1 H1496 CONGRESSIONAL RECORD — HOUSE April 23, 2002 Tribunal found that Jeff Koons should Svinarov, Deputy Chief of Mission New York field office and the mission of the have custody and granted that custody. Emil Yalnazov, and Ambassador Stefan Secret Service. That custody was to commence on Au- Stoyanov for continuing important re- The SPEAKER pro tempore. Pursu- gust 1, 1998; and as I look, we are now forms. ant to the rule, the gentleman from in April of 2002. Four years later, Mr. I was an observer of Bulgaria’s first Idaho (Mr. OTTER) and the gentleman Koons still does not have his son. democratic elections in 1990, and I have from Illinois (Mr. DAVIS) each will con- Father Coughlin spoke of trust- witnessed the progress of Bulgaria’s de- trol 20 minutes. worthy people bringing hope to a fear- mocracy. Bulgaria is strategically lo- The Chair recognizes the gentleman ful world. Where are the trustworthy cated, and would enhance NATO for the from Idaho (Mr. OTTER). people? Bring our children home. mutual defense of southeastern Europe. GENERAL LEAVE f f Mr. OTTER. Madam Speaker, I ask unanimous consent that all Members TRAIN DERAILMENTS PROVE NU- ANNOUNCEMENT BY THE SPEAKER may have 5 legislative days within CLEAR WASTE SHOULD NOT BE PRO TEMPORE which to revise and extend their re- SHIPPED ACROSS AMERICA The SPEAKER pro tempore. Pursu- marks on House Resolution 384. (Mr. GIBBONS asked and was given ant to clause 8 of rule XX, the Chair The SPEAKER pro tempore. Is there permission to address the House for 1 announces that she will postpone fur- objection to the request of the gen- minute and to revise and extend his re- ther proceedings today on each motion tleman from Idaho? marks.) to suspend the rules on which a re- There was no objection. Mr. GIBBONS. Madam Speaker, this corded vote or the yeas and nays are Mr. OTTER. Madam Speaker, I yield morning our Nation witnessed yet an- ordered or on which the vote is ob- myself such time that I may consume. other tragic train accident. A com- jected to under clause 6 of rule XX. Madam Speaker, I am pleased to muter train collided with a freight Such record votes, if postponed, will have the House consider House Resolu- train in southern California with at be taken after debate has concluded on tion 384 introduced by my distin- least one dead and hundreds injured. all motions to suspend the rules but guished colleague, the gentleman from This latest accident follows two other not before 6:30 p.m. today. Oklahoma (Mr. ISTOOK). I commend serious train accidents, one in north- f him for sponsoring this important reso- east Florida killing four and injuring HONORING UNITED STATES SE- lution. hundreds, and one yesterday when a CRET SERVICE NEW YORK FIELD This resolution honors the men and freight train derailed in Wells, Nevada. OFFICE FOR EXTRAORDINARY the women of the United States Secret Madam Speaker, these events are not PERFORMANCE DURING AND IM- Service New York field office for their just isolated incidents. Instead, they MEDIATELY FOLLOWING SEP- extraordinary performance and com- show that accidents can and do happen. TEMBER 11, 2001 mitment to service during and fol- While these recent accidents certainly lowing the September 11 terrorist at- are unfortunate and tragic, the death Mr. OTTER. Madam Speaker, I move tacks on the World Trade Center. toll and environmental damage that to suspend the rules and agree to the Madam Speaker, Building 7 of the could have occurred if the freight train resolution (H. Res. 384) honoring the World Trade Center housed a number of was shipping high-level nuclear waste men and women of the United States Federal Government offices, including would have been absolutely dev- Secret Service New York field office the IRS, the EEOC, the Defense De- astating. for their extraordinary performance partment, the Securities and Exchange We should not take that risk. We and commitment to service during and Commission, and the New York field should not ship nuclear waste across immediately following the terrorist at- office of the United States Secret Serv- our entire country to a hole in the tacks on the World Trade Center on ice. The field office was destroyed on ground that will not even solve our nu- September 11, 2001. September 11 and, tragically, Master clear waste problem. It is time to pre- The Clerk read as follows: Special Officer Craig Miller lost his life vent a disaster. H. RES. 384 when the building collapsed. For the good of our country, it is Whereas the United States Secret Service Master Special Officer Miller was at time to stop the Yucca Mountain New York field office located in 7 World the Marriott Hotel that morning when project. Trade Center was destroyed on September 11, the hotel was evacuated. Master Spe- 2001, as a result of terrorist attacks; f Whereas, throughout the day of the at- cial Officer Miller had a military back- tacks and subsequent days, the men and ground and extensive emergency med- SUPPORTING BULGARIA’S ical training. It is believed that he MEMBERSHIP IN NATO women of the New York field office contin- ually and knowingly placed themselves in went back into the towers to help the (Mr. WILSON of South Carolina exceptional danger in their efforts to save wounded. asked and was given permission to ad- life; His courage in the face of danger was dress the House for 1 minute and to re- Whereas, in selfless dedication to others, extraordinary and typifies the hun- vise and extend his remarks.) Master Special Officer Craig Miller was lost dreds of men and women who put them- Mr. WILSON of South Carolina. in the collapse of the World Trade Center; selves in danger to help others on that Whereas, subsequent to the terrorist at- Madam Speaker, I rise today to express tacks, the men and women of the United horrific day. Master Special Officer my support for the expansion of NATO States Secret Service New York field office Miller and his actions reflect a proud to include the Republic of Bulgaria and worked tirelessly to re-establish critical tradition of selfless service to our Na- to welcome Bulgarian Prime Minister field office operations and assist State and tion by the United States Secret Serv- Simeon Saxe-Coburg-Gotha to Amer- local public safety officials; and ice. ica. Whereas the United States Secret Service Madam Speaker, our Nation will An April article in The Washington performs a critical role in the protection of never forget the horror of September Times notes that U.S. Ambassador to freedom, and these acts represent a dedica- 11, but neither will we forget the her- tion to duty in the highest traditions of the NATO, Nicholas Burns, was impressed Department of the Treasury and the United oism of so many on that terrible day. by Bulgaria’s reforms during his visit States of America: Now, therefore, be it Today we recognize the commitment of to Sofia. A recent Washington Post edi- Resolved, That the House of the men and women of the Secret Serv- torial noted Bulgaria has already as- Representatives— ice New York field office. sisted America and Afghanistan and (1) honors the continuing service and com- Within 48 hours of attacks, this New can make substantial contributions for mitment of the men and women assigned to York field office was fully operational. Europe as a member of NATO. the United States Secret Service, New York A remarkable achievement, Madam I commend the efforts of patriots field office; Speaker. The office was completely de- (2) recognizes the critical importance of like Prime Minister Simeon Saxe- the United States Secret Service to our na- stroyed, but within two days it was up Coburg-Gotha, Ambassador Elena tional security; and and running again and fighting the war Poptodorova, Foreign Minister Sol- (3) supports providing the necessary re- on terrorism. The Electronic Crimes omon Pasi, Defense Minister Nikolai sources to ensure the full operation of the Task Force, a division of the New York

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00006 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.009 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1497 field office, with the cooperation of the tional treasuries in the District of Co- Tragically, as the gentleman from business community, restored wireless lumbia. Now we know that the Secret Idaho (Mr. OTTER) has said, the Secret communications and computer net- Service is present in cities all over the Service lost an employee, Master Spe- work capabilities. country and is ready to serve and pro- cial Officer Craig Miller. Officer Miller The challenges, Madam Speaker, tect all of us at a moment’s call. So I was on a temporary assignment in New were only just beginning, for the Presi- join with my colleague in urging total York for the United Nations General dent of the United States was to sched- support for this resolution. Assembly and was nearby at the Mar- ule a visit to that site. The United Na- Madam Speaker, I reserve the bal- riott Hotel when the first plane hit the tions General Assembly was weeks ance of my time. World Trade Center. Although the away from commencing its activities, Mr. OTTER. Madam Speaker, I re- hotel was evacuated, it appears that and there were ongoing criminal inves- serve the balance of my time. Officer Miller stayed behind to help. tigations that needed to be continued. Mr. DAVIS of Illinois. Madam Speak- Because of his military background Madam Speaker, we honor the em- er, it is my pleasure to yield such time and extensive emergency medical ployees of the New York field office of as he may consume to the gentleman training, those who knew Officer Miller the Secret Service today because of from Maryland (Mr. HOYER). believe his life was taken while trying their integrity, their tireless energy, Mr. HOYER. Madam Speaker, I to assist the wounded. In fact, some of thank the gentleman from Illinois for and their dedication in serving the citi- the medical equipment was later found his generosity in yielding me this time, zens of the United States and of New in the lobby of the Marriott Hotel that and I rise in strong support of this res- York City. that particular officer had in his pos- olution. The Secret Service is currently occu- session. Being a Secret Service employee is Following September 11, the employ- pying office space at the John Jay Col- special. It is a job that requires a very ees at the New York field office knew lege and the Penn Station Post Office. special kind of person, a person that that the hours and days ahead would be They have earned our gratitude and would be held to a higher standard equally challenging. Not only were whatever resources are necessary to than others, and a person who we de- they now without an office, but all of continue their protective and criminal pend upon to protect our Nation’s lead- their equipment, all of their equipment investigative missions. ers, our communities, and our Nation’s was destroyed with their building. Madam Speaker, I ask all Members financial systems. to support this resolution. On September 11, the images of he- However, with strong support of other Madam Speaker, I reserve the bal- roes that we all remember were of first Secret Service offices within the region ance of my time. responders, like firefighters and New and around the country, and other law enforcement assistance, they returned b 1415 York City Police Department officers. to a readiness mode in 48 hours, as the Mr. DAVIS of Illinois. Madam Speak- Within the masses, however, were spe- cial people that we may not have no- ranking member has indicated, an ex- er, I yield myself such time as I may ticed, and some were the men and traordinary achievement in and of consume. women of the Secret Service. itself. In fact, within 48 hours of the at- Madam Speaker, I am pleased to join The Secret Service field office, as has tack, the Secret Service Electronic with the gentleman from Idaho in con- been said, was located at Number 7 Crimes Task Force was able to track sideration of this resolution honoring World Trade Center, which was adja- the cell phone use of some of the ter- the men and women of the United cent to the north and south towers. For rorists involved in the attack. States Secret Service, New York field the second time since the World Trade The men and women of the U.S. Se- office, for their extraordinary perform- bombing in 1993, these men and women cret Service have devoted, Madam ance and commitment to service dur- faced unusual challenges that tested Speaker, their careers to protecting ing and immediately following the ter- their courage, strength, dedication, the lives of others, to protecting the fi- rorist attacks on the World Trade Cen- and loyalty. nancial integrity of our Nation, to pro- ter on September 11, 2001. On September 11, like any other tecting the integrity of our currency. Madam Speaker, the United States morning, most of the Secret Service Their level of bravery was no real sur- Secret Service is mandated by the employees were either settling into prise. Their courageous efforts were United States Congress to carry out their offices or still making their way simply an extension of what they had two distinct and significant missions: to work. Others were about to attend been trained to perform at any given protection and criminal investigations. meetings to prepare for the upcoming minute. They are deserving of this One of the Nation’s oldest Federal in- meeting of the United Nations General honor and always worthy of trust and vestigative law enforcement agencies, Assembly. At 8:48 a.m. their offices in confidence. the Secret Service was founded in 1865 Building 7 shook and the lights flick- Madam Speaker, Franklin Delano as a branch of the United States Treas- ered. Most of them stopped for a quick Roosevelt said that ‘‘the lives of na- ury. Its original mission was to inves- moment but quickly returned to their tions are determined not by the count tigate counterfeiting of U.S. currency. work. of years but by the lifetime of the Though the Secret Service’s primary However, after realizing that a plane human spirit. The life of a man,’’ he mission is to protect the President and had hit the north tower of the World said, ‘‘is three score and ten, a little Vice President, and the Nation’s finan- Trade Center, they very quickly went more or a little less, but the life of a cial system, on September 11, 2001, into an alert mode. Although most Nation is the fullness of its will to these men and women placed them- other tenants started to evacuate the live.’’ How special are these agents selves in harm’s way to protect the or- building, the men and women of the Se- that we call Secret Service, how spe- dinary citizen. They did so after their cret Service instinctively grabbed first cial are these people who themselves offices in the World Trade Center were aid trauma kits and other emergency represent the fullness of the will of a destroyed and after losing one of their equipment. Nation to live and to succeed. own, Master Special Officer Craig Mil- Special Agent in Charge, Steve These patriots, Madam Speaker, ler. Carey, and other managers ran from these proud Americans demonstrated The New York field office’s tireless one floor to another, and room to that even under attack, the Nation work to reestablish critical field office room, to ensure that everyone was stands strong; the human spirit re- operations and assist State and local moving to safety. Once outside, they mains unbowed. I rise in strong support public safety officials after their at- saw the sky engulfed by flames and of this resolution and thank the gen- tacks is a testament to the Secret smoke. Some of the agents ran into the tleman from Oklahoma (Mr. ISTOOK), Service’s commitment to the City of north tower to assist in the evacuation who was responsible in many respects New York and to the American people. process. Others began to execute the for its introduction; and I thank the We often think of the Secret Service emergency medical skills that they members of the committee for quickly as a Washington-based organization had been trained to perform and set up processing this resolution which the that protects the President, heads of small triage units on West Street to as- gentleman from Oklahoma and I and state, the White House, and other na- sist the injured. others will personally deliver to the

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00007 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.011 pfrm12 PsN: H23PT1 H1498 CONGRESSIONAL RECORD — HOUSE April 23, 2002 men and women of the Secret Service World Trade Towers. It is important On that horrible day on September 11th, the located in New York next week. that Craig Miller be remembered as an New York field office of the U.S. Secret Serv- Mr. OTTER. Madam Speaker, I yield example of what is truly important ice located in 7 World Trade Center was de- myself such time as I may consume to about this country. stroyed as a result of the attacks. However, in thank my colleague from Maryland We may never know exactly how the face of grave danger, the men and women (Mr. HOYER) and my colleague from Il- Craig Miller died that day, but his life of the Secret Service valiantly and selflessly linois (Mr. DAVIS) for their kind re- provided many examples of the sterling assisted rescue workers at the scene in their marks and for recounting the litany of character which characterizes the peo- efforts to save the thousands of people work- heroic deeds of that tragic day in New ple in the Secret Service of which we ing in the World Trade Center complex. York City. speak. That day his sacrifice, and the Our Nation witnessed the best and the Madam Speaker, I yield such time as sacrifice of others who were lost beside worst of humanity that fateful day. Accordingly, he may consume to the gentleman him in serving others, inspires all of us it is incumbent upon our Nation to honor those from Oklahoma (Mr. ISTOOK), who has as Americans to move ahead on the heroes, be they here or departed. Accordingly, brought this to our attention in the course of freedom; to know that I urge my fellow colleagues to support this im- form of recognition and legislation. through dedication to duty, through portant measure. Mr. ISTOOK. Madam Speaker, I strength of character, and through self- Mr. OTTER. Madam Speaker, I yield thank the gentleman for yielding me less service to others freedom will pre- back the balance of my time. this time, and I will not duplicate some vail. 1430 of the terrific details that were re- The men and women of the Secret b counted by my friend, the gentleman Service New York field office proved The SPEAKER pro tempore (Mrs. from Maryland (Mr. HOYER); but I do themselves worthy of the trust and BIGGERT). The question is on the mo- adopt them in praise of the men and confidence that we have placed in tion offered by the gentleman from women of the Secret Service and the them. Throughout the hours and days Idaho (Mr. OTTER) that the House sus- heroism that they displayed on Sep- that followed the attacks, they tire- pend the rules and agree to the resolu- tember 11, 2001. lessly worked to reestablish critical tion, H. Res. 384. Madam Speaker, I rise today in trib- field office operations and also to as- The question was taken; and (two- ute to the very selfless efforts of the sist State and local public safety offi- thirds having voted in favor thereof) men and women of the United States cials. the rules were suspended and the reso- Secret Service, the New York field of- The performance of the personnel in lution was agreed to. fice, on September 11, 2001, and the the New York field office on that day A motion to reconsider was laid on days that have followed since then. It and the days that followed represent a the table. is difficult to separate oneself at a dedication to duty in the highest tradi- f time like this, to get beyond looking at tions of the Department of the Treas- the totality of the horrific events that ury, of the United States Secret Serv- HONORING UNITED STATES CUS- occurred so that we can examine indi- ice, and of the United States of Amer- TOMS SERVICE FOLLOWING TER- vidual acts of determination, of com- ica. RORIST ATTACKS ON SEP- passion, and of courage. They are far Madam Speaker, I am grateful for TEMBER 11, 2001 more telling about the fate and future this opportunity to recognize their Mr. WELLER. Madam Speaker, I of our country and how the fate and fu- service, and I urge adoption of this move to suspend the rules and agree to ture will be bright because of this de- very important resolution. the resolution (H. Res. 385) honoring termination, compassion, and courage. Mr. DAVIS of Illinois. Madam Speak- the men and women of the United That is more telling about our coun- er, I yield myself such time as I may States Customs Service, 6 World Trade try’s future than the damage that was consume to associate myself with the Center offices, for their hard work, inflicted by this evil. remarks of all the distinguished speak- commitment and compassion during There were a great many examples of ers and would urge passage of this reso- and immediately following the ter- selflessness and courage, as we have lution. rorist attacks on the World Trade Cen- heard, that occurred that day. They Madam Speaker, I yield back the bal- ter on September 11, 2001. came from a multitude of people, from ance of my time. The Clerk read as follows: a multitude of walks of life. I am focus- Mr. OTTER. Madam Speaker, I yield H. RES. 385 ing at the moment on the Secret Serv- myself such time as I may consume; Whereas the United States Customs Serv- ice because, as chairman of the Sub- and in closing, I would just like to re- ice offices located in 6 World Trade Center committee on Treasury, Postal Serv- flect that the author of this legislation were destroyed on September 11, 2001, as a ice, and General Government of the was one whose district had witnessed result of terrorist attacks; Committee on Appropriations, I have such a terrible disaster in the bombing Whereas the men and women of the United come to know them through the work of the Federal building in Oklahoma States Customs Service in 6 World Trade that our subcommittee does with them, City, and so it echoes of the patriotism Center selflessly, and at great risk, ensured and through the fortunate experience that we saw there and we saw again in no one was left behind in the imperiled build- ing and continued to extricate coworkers that I have had of having several of the New York City. until all 760 Customs employees were safe good people of the Secret Service work I would like to thank my colleagues and accounted for; in my personal congressional office on who have come down here today to Whereas the men and women of the United fellowship programs. I have to say that honor the men and women of the Se- States Customs Service in 6 World Trade while the resources we provide to them cret Service of the New York field of- Center selflessly, and at great risk, ensured are important, there is no substitute fice. After September 11, they worked the safety of others while assisting national, for the character and dedication that tirelessly to reestablish the critical op- State, and local officials in continued rescue these individuals bring to their efforts erations, as we have all heard, and un- and recovery efforts; Whereas the United States Customs Serv- and to their mission. doubtedly that contributed to the safe- ice established a temporary operations cen- On September 11, the Secret Service ty and the continuation of this great ter at JFK Airport just hours after the at- New York field office, which was lo- Nation and equally important to the tack and worked tirelessly to permanently cated in 7 World Trade Center, was de- continuation of this great Republic. relocate the New York Customs office only 3 stroyed by these terrorist attacks. Madam Speaker, I urge all Members weeks later; Throughout that day, throughout that to join with those of us who have spo- Whereas the dedicated men and women of night, there were countless examples, ken in favor of this resolution on the the United States Customs Service continue as we have heard, of Secret Service em- floor in support of this resolution. to sift through the debris at 6 World Trade ployees placing themselves at great Center to retrieve vital evidence, which has Madam Speaker, I rise in strong support of since aided in recent criminal convictions; risk to be of aid to others. Just one ex- H. Res. 384, honoring the continuing service and ample of heroism and dedication is and commitment of the men and women as- Whereas the United States Customs Serv- Master Special Officer Craig Miller, signed to the United States Secret Service, ice, with increased resolve, continues its who was lost in the collapse of the New York field office. vigil to safeguard our borders and serve on

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00008 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.028 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1499 the frontline in our Nation’s war against ter- all of these volunteers have never done of the offices were affected. Debris rorism, and the men and women of the disaster or recovery work before, but from the Twin Towers completely de- United States Customs Service represent a feel that it is their duty and an honor stroyed the offices of the Customs dedication to duty in the highest traditions to continue the process of searching for Service. of the Department of the Treasury and the Fortunately, or miraculously, all 800 United States of America: Now, therefore, be victims. it Even the search dogs give up when of the Customs Service employees es- Resolved, That the House of they can find no survivors. However, caped unharmed, 760 employees who Representatives— Customs employees continue their worked there permanently, and 40 who (1) honors the continued dedication of the dedicated search, and for this we honor were there for meetings. Not one died. men and women assigned to the United them today. In the words of one dedi- Within an hour of the terrorist at- States Custom Service, New York oper- cated volunteer, ‘‘It isn’t often that tacks, the Customs Service placed all ations; you have a chance to work at some- of its personnel and facilities on a (2) recognizes the critical importance of the United States Customs Service on the thing that means so much.’’ Level 1 Alert, which of course means frontline of our national security efforts; and Madam Speaker, our hearts go out to enhanced security and questioning of (3) supports providing the necessary re- the victims of terrorist attacks on Sep- those who are entering the U.S. is put sources to ensure the full operation of the tember 11, 2001 and their families. Just on even greater status, and it also calls United States Customs Service, New York as we have seen with these Customs for increased inspections of travelers operations, and that of Customs nationwide. Service employees in New York City, and goods at every port of entry. The SPEAKER pro tempore. Pursu- we have seen how the average Amer- Because of the continuing terrorist ant to the rule, the gentleman from Il- ican can support their country; and threat, as of today, the Customs Serv- linois (Mr. WELLER) and the gentleman time and time again on the day of ice remains at Level 1 Alert status. from California (Mr. BECERRA) each those terrorist attacks and after, we What does that mean? Well, it could will control 20 minutes. have seen how the average American mean 12- to 16-hour days. It means vir- The Chair recognizes the gentleman can become a hero serving the Amer- tually all nonemergency leave has been from Illinois (Mr. WELLER). ican people. canceled. It means overtime for inspec- Mr. WELLER. Madam Speaker, I Let us join together today recog- tors tripled, and in some cases, many yield myself such time as I may con- nizing and honoring the men and Customs employees have been tempo- sume. women of the United States Customs rarily transferred outside of their area Madam Speaker, I rise today in Service, those workers located at to places and assignments such as at strong support of H. Res. 385. I com- World Trade Center 6. our northern border, far away from mend the gentleman from Oklahoma Madam Speaker, I reserve the bal- their families. Many of our Customs (Mr. ISTOOK) and the gentleman from ance of my time. employees are still displaced. Within Maryland (Mr. HOYER) for their leader- Mr. BECERRA. Madam Speaker, I hours of the attack, Customs New York ship in bringing this special legislation yield myself such time as I may con- employees set up temporary operation before the House of Representatives, as sume. centers at nearby JFK Airport. They well as their strong support for all Fed- Madam Speaker, I rise along with my are still there. There are many of our eral employees. colleague from Illinois and salute our Customs employees in New Jersey at This resolution honors the men and workers in the Customs Service who Port Elizabeth. women of the United States Customs have worked so valiantly, and have Madam Speaker, I urge my col- Service for their dedication and brav- tired in many cases, but continue to leagues to provide the support for Cus- ery, not only for their heroic actions stand strong in support of security for toms Service to reestablish its full on and following September 11, but for Americans here and abroad. presence in New York City. If the brave their daily work to protect our country I rise in support of H. Res. 385, which men and women of the Customs Service from terrorism. In fact, I would note honors the heroic acts of our men and refused to cower from the challenges that Customs Service employees were women assigned to the United States which they faced on September 11, we responsible for capturing a terrorist Customs Service in New York City, and should be willing to help them return now known as the ‘‘Millennium Bomb- the operations that have been there for to Manhattan where they will again er’’ carrying bomb material on Decem- quite some time, not only during the rise to the challenge. ber 14, 1999, at the Canadian border in attack on September 11, but imme- Madam Speaker, our Customs Serv- Washington State. The suspect who diately following the attacks, and they ice personnel, day in and day out, have had plans to set off a bomb in Seattle continue to this day with their service. fought against violence, against ter- remains in custody in Los Angeles. This resolution recognizes the crit- rorism, not just on September 11, but I The offices of the Customs Service ical importance Customs employees can recall in December of 1999, it was a were destroyed at 6 World Trade Cen- play as our front line of security. Too Customs inspector who apprehended ter, but the Customs Service employees often we forget that before that prob- Ahmed Ressam, a suspected terrorist ensured that no one was left behind in lem, that terror enters our country, it who was captured at Port Angeles, the shaky building until every worker is the people of the Customs Service Washington, and apparently had was accounted for, 760 employees in all. who are there to make sure it does not planned to bomb a terminal at Los An- In the days following September 11, come in. geles International Airport in my city the Customs Service workers proved We must continue to provide the New of Los Angeles in late 1999. their dedication to their fellow co- York Customs employees with the re- On October 30, 2001, we lost a Cus- workers and to our country by volun- sources they need to continue full and toms inspector in the line of duty in teering to sift through debris to find effective operations in protecting Louisiana. A U.S. Customs inspector, evidence of the crime, mementos of Americans. I thank the gentleman Thomas Murray, a 31-year veteran, en- lost coworkers, and human remains so from Maryland (Mr. HOYER) and the tered a freighter, but never came out. that loved ones might know the final gentleman from Oklahoma (Mr. Apparently, he succumbed to toxin resting place of their family members. ISTOOK) of the Committee on Appro- fumes in the hold of the vessel. I offer Recovery workers have continued priations for their leadership in bring- condolences to his wife and children, their dedicated efforts by work at the ing this resolution to the House floor his parents and his brothers, and I Fresh Kils dump on Staten Island, con- for approval. thank him for giving his life in the tinuing the process of sorting tons of The Customs Service was struck di- service of his country. That is the life debris. In fact, over 1.5 million tons of rectly by the attacks of September 11. of a Customs Service officer. That is debris has been sorted by Customs The Customs building, which was lo- what we stand today honoring. We con- Service volunteers alone. Customs cated at 6 World Trade Center, and tinue to do so because they will not Service volunteers searched in coordi- which served as a headquarters for stop. nation with the New York Police De- much of the Customs Service’s north- Madam Speaker, it is great that we partment and the FBI, using only gar- east operations, was struck dramati- are here today recognizing the work of den rakes and their own hands. Almost cally. It was completely destroyed. All the Customs Service personnel. I am

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00009 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.004 pfrm12 PsN: H23PT1 H1500 CONGRESSIONAL RECORD — HOUSE April 23, 2002 pleased that both the gentleman from day-to-day basis can understand, the history that dates back over 200 years. Maryland (Mr. HOYER) and the gen- enormous challenges that they face. It was at its outset, of course, our prin- tleman from Oklahoma (Mr. ISTOOK) We are grateful for their efforts to cipal funding agency. It is now one of have taken the time to recognize them carry on the very important work that our principal trade facilitation agen- today. they do for America. cies and law enforcement agencies. To Madam Speaker, I reserve the bal- Throughout the country, as in New most of us, they are the men and ance of my time. York, Customs continues on Level 1 women in blue uniform that process us Mr. WELLER. Madam Speaker, I Alert. Across the northern border, through international ports of entry. yield such time as he may consume to along the southwest border, at our sea- But they do so very much more. With the gentleman from Oklahoma (Mr. ports and our airports, at investigative nearly 20,000 employees, the Customs ISTOOK), the chairman of the Sub- offices and elsewhere, including over- Service collects $22 billion in revenue committee on Treasury, Postal Service seas, the men and women of Customs each year, it prohibits illegal drugs and General Government, a strong ad- stand watch 24 hours a day. Overtime from crossing our borders, it enforces vocate for the Customs Service. numbers are up. That means time with against illegal trade practices, and pre- Mr. ISTOOK. Madam Speaker, I rise family, time with friends, time on per- vents individuals with destructive in- today to commend and to thank the sonal pursuits are down. Stress levels tentions from entering our country, as employees of the United States Cus- continue to be high, yet the need for the gentleman from California (Mr. toms Service in New York City. These careful consideration of each entering BECERRA) has cited in his own remarks. dedicated men and women give new person, each item that enters the The men and women of the Customs meaning to the term public service. On United States as part of goods and car- Service are truly on the front line in behalf of all Americans, this resolution goes, the need for careful consideration the war on terrorism. Madam Speaker, says to them, thank you for your of each of them has never been higher. the President has correctly said that steadfast work following the terrorist The execution in their job has never we ought to recognize those on the attacks of last September, steadfast been better. front line, in Afghanistan, in Bosnia, in work that continues this day, as it has Since 1789, Customs has been an inte- so many other parts of the world; but every day since September 11. gral part of our government. It is these men and women are as truly on Like a number of other Federal law America’s oldest law enforcement the front line as those in the services enforcement agencies, Customs had its agency. Customs has had many proud of our Armed Forces. These men and principal office in 6 World Trade Cen- moments, but perhaps none more sig- women are in some respects the first ter. Thanks to lessons learned from the nificant than in the past 7 months. The line of defense against terrorism com- previous bombing several years prior, dedication of these men and women re- ing in from without. they had updated and practiced their minds me of President Bush’s com- Madam Speaker, I join in the strong evacuation plans. That is fortunate be- ments last fall in which he thanked all support of this resolution to honor the cause in large part due to this, none of Federal workers. As he stated, ‘‘Public men and women of the United States the more than 750 Customs employees service is not simply a noble profes- Customs Service who worked in World that were there were seriously injured, sion, it is an honorable life. Your serv- Trade Center 6 adjacent to the North and none were killed. ice to your country makes the ideal of Tower. Building 6, World Trade Center, However, the emotional pain was America a daily, living reality. History which housed 760 Customs employees, very real with them, as with all of has never known a Nation of such stood only 40 feet from Tower One. America. It continues to this day. Yet strengths and compassion, honor and Shortly after the collapse of the North these Customs employees more than ideals. Your work and selfless commit- and South Towers, the fire proved too rose to the occasion. In addition to as- ment are vital. On behalf of not only a much for Building 6, which suffered a sisting in the broader search and res- grateful Nation but a world in need of devastating internal collapse. By the cue efforts at the World Trade Center, America, thank you.’’ grace of God and by the exercise of dili- To these words of President Bush, I these men and women were quickly en- gence and courage and energy, all 760 join my words of thanks as I know gaged in the investigative efforts to employees who worked in that facility these words are also joined by every find the responsible parties, and to escaped the wreckage without injury. Member of this body. I urge all of my guard against any additional attacks. In the wake of such tragedy, these At a time when many Americans colleagues to join in paying special employees were resolute and deter- tribute to the remarkable dedication of were still too stunned or too frightened mined not to let such a despicable and Customs agents, inspectors and other to leave their homes, these brave offi- cowardly act of terrorism deter them personnel in New York. Their service, cers of the Customs Service continued from protecting our Nation. Since Sep- from the most junior employees to the their role as America’s front line on tember 11, these employees have most senior managers, exemplifies the our borders. In fact, many officers worked around the clock to reestablish best of our Nation. their physical presence and have worked through the night of September Madam Speaker, we recognize their played a key role in the Federal Gov- 11. Commercial operations that are so service, and I am thankful for this op- ernment’s investigation of the terrorist vital to America’s economy, involving portunity to extend that recognition. billions of dollars of trade every day, acts that occurred on September 11. involving millions of American jobs, b 1445 Customs employees in New York have these commercial operations were Mr. BECERRA. Madam Speaker, I am also played a major role in the volun- quickly restored, consistent with the pleased to yield 7 minutes to the gen- teer effort to sift through the rubble at security that must exist at our borders. tleman from Maryland (Mr. HOYER), Ground Zero and at the Staten Island Special agents immediately joined the ranking member of the Sub- placement site. The Customs team with fellow law enforcement officers to committee on Treasury, Postal Service worked around the clock, through the pursue every lead, and the New York and General Government of the Com- holidays, through the cold winter Customs Service laboratory was up and mittee on Appropriations. weather, all for the purposes of finding running in temporary quarters less Mr. HOYER. Madam Speaker, I some sign of life. Even after the canine than a week later after the loss of their thank my friend, the gentleman from teams stopped searching, the Customs regular office space. California (Mr. BECERRA), for yielding employees continued their search, Today the New York Customs family me this time; I thank the gentleman their quest in their hope to find maybe is scattered through five offices, rather from Illinois (Mr. WELLER) for facili- just one, maybe two, maybe more. than being combined to one. Commutes tating the movement of this resolution They knew that the people who lost are longer, the hours are longer, the to the floor in a timely fashion. And I their lives at the World Trade Center, time away from the family is greater, say to Chairman ISTOOK, I am pleased as they did, had children, had homes, and the worries, of course, are many. I to join with him in the sponsorship of had hopes for their own futures. want each of the men and women there this resolution. To Customs volunteers like Joseph to know that we understand, as best as Madam Speaker, the United States Gloria, Louis Boehner, Stephen Cook, anyone not in there with them on a Customs Service has a long and proud Jack Russo, and Richard Tursi, who

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00010 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.018 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1501 spent so many days and nights search- We enforce the laws of the United was critical in helping them to com- ing through heaps and piles of dirt for States, safeguard the revenue, and fos- plete their assignment to battle personal effects of those who lost their ter lawful international trade and trav- against terrorism, to patrol our air- lives so that loved ones might have el.’’ space, and to safeguard our coastal wa- them to remember them by, you are Such is the mission of the U.S. Cus- ters. This prompt response gave Cus- American heroes, as are the 194 other toms Service, a government agency toms the tools it needed to secure our Customs volunteers who devoted their whose history parallels the history of borders quickly in the face of imme- time. America will not forget you. As our country. In 1789 when our new diate threat. it will not forget the firefighters and country was struggling to fight off fi- To the men and women in Customs, the police who lost their lives that day, nancial ruin, the U.S. Customs Service we say, you have earned our respect we will not forget your efforts that day was created to help save the Nation. On and you deserve this tribute. I look or every day as you protect America, September 11, 2001, when our country very much forward to the vote in pass- our commerce, our health, our safety. was the victim of terrorist attacks of ing this resolution. Madam Speaker, I also want to men- the most horrific magnitude, the U.S. Madam Speaker, I yield back the bal- tion Joe Webber, who is the special Customs Service was once again there ance of my time. agent in charge of the Customs office to help save our Nation. Mr. WELLER. Madam Speaker, I yield myself the balance of my time. in New York. For over 21⁄2 years, the As a member of the House Committee Customs Service has been investigating on Government Reform and the rank- I join my colleague on the Com- a Colombian money laundering scheme ing member of the Subcommittee on mittee on Ways and Means, as well as my colleague from California for his called Operation Wire Cutter which in- Civil Service and Agency Organization, statements in recognition of the lead- volved the illegal exchange of drug- I am pleased to join with my colleagues ership of Chairman ISTOOK and Rank- based dollars into pesos in Colombia. in support of House Resolution 385. ing Member HOYER in support of the Following the September 11 attacks, it This measure honors the men and Customs Service. I also want to give appeared that 21⁄2 years of investigative women of the United States Customs recognition to Chairman PHIL CRANE of material was lost and that that inves- Service, 6 World Trade Center offices, the Subcommittee on Trade of the tigation was for naught because the for their hard work, commitment, and House Committee on Ways and Means evidence compiled and housed in 6 compassion during and immediately for his active leadership on behalf of World Trade Center was not available. following the terrorist attacks on the the Customs Service which has juris- World Trade Center on September 11, Mr. Webber, however, kept the faith. diction under the Committee on Ways 2001. It is indeed a fitting tribute for an He still thought there was a chance to and Means. retrieve the information. A month extraordinary group of Federal Govern- Madam Speaker, this resolution is after the attacks, he convinced fire of- ment employees. important because it honors the men ficials to lower him into the wreckage On September 11, there were 760 Cus- and women of the United States Cus- of World Trade Center 6 to search for tom employees at the World Trade Cen- toms Service, 6 World Trade Center, the evidence. Fortunately, yes, perhaps ter 6, along with 40 other Customs em- those offices, for their hard work, their miraculously, as the gentleman from ployees who were there for a meeting. commitment, their compassion and California (Mr. BECERRA) said, Mr. Although their offices were destroyed, their volunteerism, their volunteerism Webber was able to find that evidence Customs employees, at great personal during and immediately following the which led to the seizure of $8 million risk, ensured that every one of their terrorist attacks on the World Trade and the arrest of several individuals in- coworkers safely exited the building. Center on September 11, 2001. volved in this scheme. The terrorists Just hours after the attack, they es- I urge and ask my colleagues in this had lost. tablished temporary operations at JFK House to join together in recognition Mr. Webber, we thank you for your Airport and worked with national, of these workers in the New York Cus- determination. You once again proved State, and local officials in rescue and toms Service office and that they give that terrorism will not, did not, must recovery efforts. They have helped re- them the recognition they deserve as not defeat our resolve. To all of the trieve evidence which is critical to well as the expression of gratitude of Customs employees who worked in criminal convictions. our Nation. World Trade Center 6, we honor you Madam Speaker, tradition, service, Mr. GILMAN. Madam Speaker, I rise in today. We will be there to honor you honor. That is the U.S. Customs Serv- strong support of H. Res. 385, honoring the again next week, but it is significant ice legacy and its future. I urge my col- men and women of the U.S. Customs Service that 535 of your fellow citizens, sent leagues to join with me in recognizing who were working at 6 World Trade Center for here by 287 million Americans to rep- the men and women assigned to the their bravery, commitment, and compassion resent our country, stand united in United States Customs Service, New during and immediately following the terrorist thanking you, in honoring you, in re- York operations, for their dedication attacks on the World Trade Center on Sep- specting you for your service, your to duty and in providing the necessary tember 11. hard work, your compassion, your de- resources for the U.S. Customs Service On that fateful day in September, the New termination. Our Nation owes you a to carry out its mission as we know it York field office of the U.S. Customs Service debt of gratitude for the leadership and today, guardians of our borders, protec- located in 6 World Trade Center was de- commitment you showed during a time tors of our people. stroyed as a result of the attacks. However, in when our Nation was most vulnerable. Mr. BECERRA. Madam Speaker, I the face of grave danger, the men and women Our national anthem says that we yield myself the balance of my time. of the Customs Service were able to ensure are the land of the free. We are the I hope this body will recognize that the evacuation of over 750 of their fellow co- land of the free because we are the Chairman ISTOOK and Ranking Member workers prior to the collapse of their building. home of the brave and these are some HOYER were instrumental in ensuring Moreover, many remained on the scene to as- of those brave. that the Customs Service received the sist rescue workers in their efforts to save the Mr. BECERRA. Madam Speaker, I $36 million which it needed for up-front thousands of people working in the World yield 4 minutes to the gentleman from reconstruction to enable it to reestab- Trade Center complex. Illinois (Mr. DAVIS). lish operations in New York and begin Our Nation witnessed the best and the Mr. DAVIS of Illinois. Madam Speak- to replace badly needed equipment in a worst of humanity that terrible day. Accord- er, I thank the gentleman for yielding very short period of time. We owe a ingly, it is only proper that we recognize and me this time. I also want to commend great deal of gratitude to both of those honor these selfless acts of bravery. I urge my Chairman ISTOOK and Ranking Member gentlemen and all the members of the fellow colleagues to support this important HOYER for their introduction of this Committee on Appropriations who measure. important resolution. made that possible. Mr. CROWLEY. Madam Speaker, I rise ‘‘We are the guardians of our Na- Further, the congressional support today in support of H. Res. 385, a resolution tion’s borders, America’s front line. We that was offered quickly to the Cus- to honor the men and women of the U.S. Cus- serve and protect the American public toms Service provided for overtime toms Service, New York Office, for their admi- with integrity, innovation, and pride. funding for inspectors and agents and rable duty and bravery in the service of our

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00011 Fmt 4634 Sfmt 9920 E:\CR\FM\K23AP7.029 pfrm12 PsN: H23PT1 H1502 CONGRESSIONAL RECORD — HOUSE April 23, 2002 country, and the people of New York, during the rules were suspended and the reso- emergency with respect to significant the terrorist attacks of September 11. lution was agreed to. narcotics traffickers centered in Co- The New York Customs Service was on the A motion to reconsider was laid on lombia that was declared in Executive front lines on September 11. Their office, lo- the table. Order 12978 of October 21, 1995. cated at 6 World Trade Center was evacuated f GEORGE W. BUSH. and later destroyed in the towers’ collapse. THE WHITE HOUSE, April 23, 2002. Despite this, the men and women who work COMMUNICATION FROM CON- f at Customs, a number of whom I am proud to STITUENT SERVICE REPRESENT- KEEPING CHILDREN AND call my constituents, ensured at great personal ATIVE FOR HON. CHARLES F. FAMILIES SAFE ACT OF 2002 risk, the safe evacuation of their offices and BASS, MEMBER OF CONGRESS surrounding offices. They then continued to The SPEAKER pro tempore laid be- Mr. HOEKSTRA. Mr. Speaker, I move work with local and national public safety offi- fore the House the following commu- to suspend the rules and pass the bill cers to coordinate and assist the search and nication from Madeline Saulnier, Con- (H.R. 3839) to reauthorize the Child rescue and later recovery efforts. stituent Service Representative for the Abuse Prevention and Treatment Act, The men and women of the Customs Serv- Honorable CHARLES F. BASS, Member of and for other purposes, as amended. ice deserve our utmost thanks and respect for Congress: The Clerk read as follows: their remarkable service. HOUSE OF REPRESENTATIVES, H.R. 3839 But in addition to these proclamations, we Washington, DC, April 17, 2002. Be it enacted by the Senate and House of Rep- need to provide real tangible support for our Hon. J. DENNIS HASTERT, resentatives of the United States of America in Customs officials. By that, I mean mandating Speaker, House of Representatives, Congress assembled, the return of the Custom’s New York Office Washington, DC SECTION 1. SHORT TITLE. DEAR MR. SPEAKER: This is to formally no- back to Manhattan. This Act may be cited as the ‘‘Keeping tify you, pursuant to Rule VIII of the Rules Children and Families Safe Act of 2002’’. I have many constituents who work for the of the House of Representatives, that I have TITLE I—CHILD ABUSE PREVENTION AND Customs Service, and belong to the National been served with a grand jury subpoena for RELATED PROGRAMS Treasury Employees Union 183. We all ap- testimony issued by the United States Dis- plaud Customs for quickly relocating these trict Court for the District of New Hamp- Subtitle A—Amendments to the Child Abuse employees, my constituents, to alternative shire. Prevention and Treatment Act work sites at Kennedy Airport and Newark, After consultation with the Office of Gen- CHAPTER 1—GENERAL PROGRAM NJ. But it is integral for the Nation, for the city eral Counsel, I have determined that it is SEC. 101. ADVISORY BOARD ON CHILD ABUSE and for Customs employees that a new per- consistent with the precedents and privileges AND NEGLECT. of the House to comply with the subpoena. manent Customs Office is set up in Manhat- Section 102 of the Child Abuse Prevention Sincerely, and Treatment Act (42 U.S.C. 5102) is re- tan. MADELINE SAULNIER, pealed. For the day-to-day officers of the Customs Constitutent Service Representative for SEC. 102. NATIONAL CLEARINGHOUSE FOR IN- Service, our Nation’s primary enforcement Congressman Charles F. Bass of New FORMATION RELATING TO CHILD agency protecting our borders, this new duty Hampshire. ABUSE. station in New Jersey causes tremendous— f (a) FUNCTIONS.—Section 103(b)(1) of the and needless—burdens. Child Abuse Prevention and Treatment Act In addition, the U.S. Customs Service must RECESS (42 U.S.C. 5104(b)(1)) is amended by striking have a Manhattan presence. As a life-long The SPEAKER pro tempore. Pursu- ‘‘all programs, including private programs, that show promise of success’’ and inserting New Yorker I am very concerned about the ant to clause 12 of rule I, the Chair de- ‘‘all effective programs, including private possibility of companies using September 11 clares the House in recess until ap- programs, that show promise of success and as an excuse to flee New York City and I have proximately 6 p.m. today. the potential for broad-scale implementation been working with the city and State to pre- Accordingly (at 2 o’clock and 59 min- and replication’’. vent this from happening. As an agency of the utes p.m.), the House stood in recess (b) COORDINATION WITH AVAILABLE RE- Federal Government, the Customs Service until approximately 6 p.m. SOURCES.—Section 103(c)(1) of such Act (42 U.S.C. 5104(c)(1)) is amended— should set an example to private companies, f and show them that New York is still the (1) in subparagraph (E), by striking ‘‘and’’ b 1800 at the end; greatest city in the world and the capital of (2) by redesignating subparagraph (F) as international business. By not having an office AFTER RECESS subparagraph (G); and in Manhattan, the opposite is suggested. The recess having expired, the House (3) by inserting after subparagraph (E) the The men and women of the Customs Serv- was called to order by the Speaker pro following: ice helped to alleviate the fears of our country ‘‘(F) collect and disseminate information tempore (Mr. OTTER) at 6 p.m. on and right after September 11. It was fear that describes best practices being used that the terrorists were counting on to defeat f throughout the Nation for making appro- us, and precisely what we must not allow to priate referrals related to, and addressing, PERIODIC REPORT ON NATIONAL the physical, developmental, and mental win. Those fears will be further mitigated by EMERGENCY WITH RESPECT TO health needs of abused and neglected chil- the return of businesses to New York City, SIGNIFICANT NARCOTICS TRAF- dren; and’’. and the Customs Service must be one office FICKERS CENTERED IN COLOM- SEC. 103. RESEARCH AND ASSISTANCE ACTIVI- leading the way. BIA—MESSAGE FROM THE TIES. Madam Speaker, in conclusion I thank the PRESIDENT OF THE UNITED (a) RESEARCH.—Section 104(a) of the Child efforts of the gentleman from Oklahoma in in- STATES (H. DOC. NO. 107–202) Abuse Prevention and Treatment Act (42 troducing this measure and allowing this U.S.C. 5105(a)) is amended— House to pay tribute to these men and women The SPEAKER pro tempore laid be- (1) by redesignating paragraph (2) as para- who have done so much to help New Yorkers fore the House the following message graph (4); and the country. I thank you all, and I assure from the President of the United (2) by redesignating paragraph (1)(D) as States; which was read and, together paragraph (2) (and redesignating the cor- you that we will not forget what you have responding items contained therein accord- done. with the accompanying papers, without objection, referred to the Committee ingly) and moving such paragraph two ems Mr. WELLER. Madam Speaker, I to the left; have no further requests for time, and on International Relations and ordered (3) in paragraph (1)— I yield back the balance of my time. to be printed: (A) in the first sentence of the matter pre- The SPEAKER pro tempore (Mrs. To the Congress of the United States: ceding subparagraph (A), by inserting ‘‘, in- BIGGERT). The question is on the mo- As required by section 401(c) of the cluding longitudinal research,’’ after ‘‘inter- tion offered by the gentleman from Illi- National Emergencies Act, 50 U.S.C. disciplinary program of research’’; (B) in subparagraph (B), by inserting at the nois (Mr. WELLER) that the House sus- 1641(c) and 204(c) of the International end before the semicolon the following: ‘‘, in- pend the rules and agree to the resolu- Emergency Economic Powers Act, 50 cluding the effects of abuse and neglect on a tion, H. Res. 385. U.S.C. 1703(c), I transmit herewith a 6- child’s development and the identification of The question was taken; and (two- month periodic report that my Admin- successful early intervention services or thirds having voted in favor thereof) istration has prepared on the national other services that are needed’’;

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00012 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.008 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1503 (C) in subparagraph (C)— SEC. 104. GRANTS TO PUBLIC AGENCIES AND facilities, that provide model approaches for (i) by striking ‘‘judicial procedures’’ and NONPROFIT PRIVATE ORGANIZA- improving medical diagnosis of child abuse inserting ‘‘judicial systems, including multi- TIONS FOR DEMONSTRATION PRO- and neglect and for health evaluations of GRAMS AND PROJECTS. children for whom a report of maltreatment disciplinary, coordinated decisionmaking (a) DEMONSTRATION PROGRAMS AND has been substantiated.’’. procedures’’; and PROJECTS.—Section 105(a) of the Child Abuse (ii) by striking ‘‘and’’ at the end; and Prevention and Treatment Act (42 U.S.C. (c) EVALUATION.—Section 105(c) of such Act (D) by adding at the end the following: 5106(a)) is amended— (42 U.S.C. 5106(c)) is amended— ‘‘(D) the evaluation and dissemination of (1) in paragraph (1)— (1) in the second sentence, by inserting ‘‘or best practices consistent with the goals of (A) by striking ‘‘and’’ at the end of sub- contract’’ after ‘‘or as a separate grant’’; and achieving improvements in the child protec- paragraph (B); (2) by adding at the end the following: ‘‘In tive services systems of the States in accord- (B) by striking the period at the end of the case of an evaluation performed by the recipient of a demonstration grant, the Sec- ance with paragraphs (1) through (12) of sec- subparagraph (C) and inserting a semicolon; retary shall make available technical assist- tion 106(a); and ance for the evaluation, where needed, to en- ‘‘(E) effective approaches to interagency (C) by adding at the end the following: ‘‘(D) for training to support the enhance- sure a rigorous application of scientific eval- collaboration between the child protection uation techniques.’’. system and the juvenile justice system that ment of linkages between child protective improve the delivery of services and treat- service agencies and health care agencies, in- SEC. 105. GRANTS TO STATES FOR CHILD ABUSE cluding physical and mental health services, AND NEGLECT PREVENTION AND ment, including methods for continuity of to improve forensic diagnosis and health TREATMENT PROGRAMS. treatment plan and services as children tran- evaluations and for innovative partnerships (a) DEVELOPMENT AND OPERATION sition between systems; between child protective service agencies GRANTS.—Section 106(a) of the Child Abuse ‘‘(F) an evaluation of the redundancies and and health care agencies that offer creative Prevention and Treatment Act (42 U.S.C. gaps in the services in the field of child approaches to using existing Federal, State, 5106a(a)) is amended— abuse and neglect prevention in order to local, and private funding to meet the health (1) in paragraph (3)— make better use of resources; and evaluation needs of children who have been (A) by inserting ‘‘, including ongoing case ‘‘(G) the information on the national inci- subjects of substantiated cases of child abuse monitoring,’’ after ‘‘case management’’; and dence of child abuse and neglect specified in or neglect; (B) by inserting ‘‘and treatment’’ after subparagraphs (A) through (K) of paragraph ‘‘(E) for the training of personnel in best ‘‘and delivery of services’’; (2).’’; practices to promote collaboration with the (2) in paragraph (4)— (4) in paragraph (2) (as redesignated)— families from the initial time of contact dur- (A) by striking ‘‘automation’’ and insert- (A) by striking the matter preceding sub- ing the investigation through treatment; and ing ‘‘management information and tech- paragraph (A) (as redesignated) and inserting ‘‘(F) for the training of personnel regarding nology’’; and ‘‘The Secretary shall conduct research on the legal duties of such personnel.’’; (B) by adding at the end before the semi- the national incidence of child abuse and ne- (2) in paragraph (2)— colon the following: ‘‘, including to support glect, including—’’; (A) by striking ‘‘(such as Parents Anony- the ability of States to collect information for the National Child Abuse and Neglect (B) in subparagraph (H) (as redesignated), mous)’’; and Data System’’; by striking ‘‘and’’ at the end; (B) by inserting ‘‘that incorporate stand- (3) in paragraph (5), by adding at the end (C) by redesignating subparagraph (I) (as ards and demonstrate effectiveness, and have a shared model of leadership,’’ after ‘‘self- before the semicolon the following: ‘‘, includ- redesignated) as subparagraph (J); and help programs’’; and ing training regarding best practices to pro- (D) by inserting after subparagraph (H) the (3) in paragraph (3)— mote collaboration with the families and the following: (A) in subparagraph (A)— legal duties of such individuals’’; ‘‘(I) the incidence and prevalence of child (i) in the matter preceding clause (i)— (4) by redesignating paragraphs (6) through maltreatment by reason of family structure, (I) by striking ‘‘responding to reports’’ and (9) as paragraphs (7) through (10), respec- including the living arrangement of the resi- inserting ‘‘addressing the prevention and tively; dent parent, family income, and family size; treatment’’; and (5) by inserting after paragraph (5) the fol- and’’; (II) by striking ‘‘including’’ and all that lowing: (5) by inserting after paragraph (2) (as re- follows through ‘‘triage system’’ and insert- ‘‘(6) improving the skills, qualifications, designated) the following: ing ‘‘, including community-based organiza- and availability of individuals providing ‘‘(3) REPORT.—Not later than 4 years after tions, national entities, collaborative part- services to children and families, and the su- the date of the enactment of the Keeping nerships between State child protective serv- pervisors of such individuals, through the Children and Families Safe Act of 2002, the ice agencies, statewide child abuse preven- child protection system, including improve- Secretary shall prepare and submit to the tion and treatment organizations, law en- ments in the recruitment and retention of Committee on Education and the Workforce forcement agencies, substance abuse treat- caseworkers;’’ of the House of Representatives and the ment entities, health care entities, domestic (6) by redesignating paragraphs (8) through Committee on Health, Education, Labor and violence prevention entities, mental health (10) (as redesignated) as paragraphs (9) through (11), respectively; Pensions of the Senate a report that con- services entities, developmental disability (7) by inserting after paragraph (7) the fol- tains the results of the research conducted agencies, community social service agencies, lowing: under paragraph (2).’’; and family support programs, schools, religious organizations, and other entities to allow for ‘‘(8) developing and delivering information (6) in paragraph (4) (as redesignated), by the establishment of a triage system’’; and to improve public education relating to the amending subparagraph (B) to read as fol- (ii) in clause (iii), by striking ‘‘child’s safe- role and responsibilities of the child protec- lows: ty is in jeopardy’’ and inserting ‘‘child’s safe- tion system and the nature and basis for re- ‘‘(B) The Secretary shall, every two years, ty and health are in jeopardy’’; and porting suspected incidents of child abuse provide opportunity for public comment of (B) by adding at the end the following: and neglect;’’; such proposed priorities and provide for an ‘‘(D) LINKAGES BETWEEN CHILD PROTECTIVE (8) by striking ‘‘or’’ at the end of paragraph official record of such public comment.’’. SERVICE AGENCIES AND PUBLIC HEALTH, MEN- (10) (as redesignated); (b) PROVISION OF TECHNICAL ASSISTANCE.— TAL HEALTH, AND DEVELOPMENTAL DISABIL- (9) by redesignating paragraph (11) (as re- Section 104(b) of such Act (42 U.S.C. 5105(b)) ITIES AGENCIES.—The Secretary may award designated) as paragraph (12); is amended— grants to entities that provide linkages be- (10) by inserting after paragraph (10) the (1) in paragraph (1), by inserting ‘‘, includ- tween State or local child protective service following: ‘‘(11) promoting partnerships between pub- ing replicating successful program models,’’ agencies and public health, mental health, lic agencies and community-based organiza- after ‘‘and carrying out programs and activi- and developmental disabilities agencies, for tions to provide child abuse and neglect pre- ties’’; and the purpose of establishing linkages that are designed to help assure that a greater num- vention and treatment services, including (2) in paragraph (2)— ber of substantiated victims of child mal- linkages with education systems and health (A) in subparagraph (B), by striking ‘‘and’’ treatment have their physical health, men- care systems (including mental health sys- at the end; tal health, and developmental needs appro- tems);’’; (B) in subparagraph (C), by striking the pe- priately diagnosed and treated.’’. (11) by striking the period at the end of riod at the end and inserting ‘‘; and’’; and (b) DISCRETIONARY GRANTS.—Section 105(b) paragraph (12) (as redesignated) and insert- (C) by adding at the end the following: of such Act (42 U.S.C. 5106(b)) is amended— ing a semicolon; and ‘‘(D) effective approaches being utilized to (1) by redesignating paragraphs (4) and (5) (12) by adding at the end the following: link child protective service agencies with as paragraphs (5) and (6), respectively; and ‘‘(13) supporting and enhancing inter- health care, mental health care, and develop- (2) by inserting after paragraph (3) the fol- agency collaboration between the child pro- mental services to improve forensic diag- lowing: tection system and the juvenile justice sys- nosis and health evaluations, and barriers ‘‘(4) Programs based within children’s hos- tem for improved delivery of services and and shortages to such linkages.’’. pitals, or other pediatric and adolescent care treatment, including methods for continuity

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00013 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.005 pfrm12 PsN: H23PT1 H1504 CONGRESSIONAL RECORD — HOUSE April 23, 2002 of treatment plan and services as children (i) in the matter preceding subclause (I), by SEC. 107. MISCELLANEOUS REQUIREMENTS RE- transition between systems; or striking ‘‘to be effective not later than 2 LATING TO ASSISTANCE. ‘‘(14) supporting and enhancing collabora- years after the date of the enactment of this Section 108 of the Child Abuse Prevention tion among public health agencies, the child section’’; and and Treatment Act (42 U.S.C. 5106d) is protection system, and private community- (ii) in subclause (IV), by striking ‘‘and’’ at amended by adding at the end the following: based programs to address the health needs the end; ‘‘(d) SENSE OF CONGRESS.—It is the sense of of children identified as abused or neglected, (H) in clause (xv) (as redesignated), by Congress that the Secretary should encour- including supporting prompt, comprehensive striking ‘‘clause (xii)’’ each place it appears age all States and public and private agen- cies or organizations that receive assistance health and developmental evaluations for and inserting ‘‘clause (xiv)’’; and under this title to ensure that children and children who are the subject of substantiated (I) by adding at the end the following: families with limited English proficiency child maltreatment reports.’’. ‘‘(xvi) provisions and procedures to require who participate in programs under this title that a representative of the child protective (b) ELIGIBILITY REQUIREMENTS.— are provided materials and services under services agency shall, at the initial time of (1) STATE PLAN.—Section 106(b)(1)(B) of such programs in an appropriate language contact with the individual subject to a child such Act (42 U.S.C. 5106(b)(1)(B)) is other than English.’’. amended— abuse and neglect investigation, advise the individual of the complaints or allegations SEC. 108. REPORTS. (A) by striking ‘‘provide notice to the Sec- Section 110 of the Child Abuse Prevention made against the individual, in a manner retary of any substantive changes’’ and in- and Treatment Act (42 U.S.C. 5106f) is that is consistent with laws protecting the serting the following: ‘‘provide notice to the amended by adding at the end the following: rights of the individual making the report of Secretary of— ‘‘(c) STUDY AND REPORT RELATING TO CIT- ‘‘(i) any substantive changes’’; the alleged child abuse or neglect; IZEN REVIEW PANELS.— (B) by striking the period at the end and ‘‘(xvii) provisions addressing the training ‘‘(1) STUDY.—The Secretary shall conduct a inserting ‘‘; and’’; and of representatives of the child protective study by random sample on the effectiveness (C) by adding at the end the following: services system regarding their legal duties, of the citizen review panels established ‘‘(ii) any significant changes to how funds which may consist of procedures to inform under section 106(c). provided under this section are used to sup- such representatives of such duties, in order ‘‘(2) REPORT.—Not later than 3 years after port the activities which may differ from the to protect the legal rights of children and the date of the enactment of Keeping Chil- activities as described in the current State families from the initial time of contact dur- dren and Families Safe Act of 2002, the Sec- application.’’. ing the investigation through treatment; retary shall submit to the Committee on (2) COORDINATION.—Section 106(b)(2)(A) of ‘‘(xviii) provisions and procedures for im- Education and the Workforce of the House of such Act (42 U.S.C. 5106a(b)(2)(A)) is proving the training, retention, and super- Representatives and the Committee on amended— vision of caseworkers; and Health, Education, Labor and Pensions of (A) by redesignating clauses (ii) through ‘‘(xix) provisions and procedures for refer- the Senate a report that contains the results (xiii) as clauses (iii) through (xiv), respec- ral of a child under the age of 3 who is in- of the study conducted under paragraph tively; volved in a substantiated case of child abuse (1).’’. or neglect to the statewide early interven- (B) by inserting after clause (i) the fol- SEC. 109. AUTHORIZATION OF APPROPRIATIONS. tion program funded under part C of the In- lowing: (a) GENERAL AUTHORIZATION.—Section ‘‘(ii) policies and procedures to address the dividuals with Disabilities Education Act for 112(a)(1) of the Child Abuse Prevention and needs of infants born and identified with an evaluation for the need of services pro- Treatment Act (42 U.S.C. 5106h(a)(1)) is fetal alcohol effects, fetal alcohol syndrome, vided under part C of such Act.’’. amended to read as follows: neonatal intoxication or withdrawal syn- (3) LIMITATION.—Section 106(b)(3) of such ‘‘(1) GENERAL AUTHORIZATION.—There are drome, or neonatal physical or neurological Act (42 U.S.C. 5106a(b)(3)) is amended by authorized to be appropriated to carry out harm resulting from prenatal drug exposure, striking ‘‘With regard to clauses (v) and (vi) this title $120,000,000 for fiscal year 2003 and including— of paragraph (2)(A)’’ and inserting ‘‘With re- such sums as may be necessary for each of ‘‘(I) the requirement that health care pro- gard to clauses (vi) and (vii) of paragraph the fiscal years 2004 through 2007.’’. viders involved in the delivery or care of (2)(A)’’. (b) DEMONSTRATION PROJECTS.—Section such infants notify the child protective serv- (c) CITIZEN REVIEW PANELS; REPORTS.—Sec- 112(a)(2)(B) of such Act (42 U.S.C. tion 106(c) of such Act (42 U.S.C. 5106a(c)) is ices system of the occurrence of such condi- 5106h(a)(2)(B)) is amended by striking ‘‘Sec- amended— tion in such infants, except that such notifi- retary make’’ and inserting ‘‘Secretary shall (1) in paragraph (4)— cation shall not be construed to create a def- make’’. (A) in subparagraph (A), by striking ‘‘poli- inition under Federal law of what con- CHAPTER 2—COMMUNITY-BASED FAMILY cies and procedures’’ and inserting ‘‘policies, stitutes child abuse and such notification RESOURCE AND SUPPORT GRANTS procedures, and practices’’; and shall not be construed to require prosecution (B) by adding at the end the following: SEC. 111. PURPOSE AND AUTHORITY. for any illegal action; and (a) PURPOSE.—Section 201(a)(1) of the Child ‘‘(C) PUBLIC OUTREACH.—Each panel shall ‘‘(II) the development of a plan of safe care provide for public outreach and comment in Abuse Prevention and Treatment Act (42 for the infant under which consideration order to assess the impact of current proce- U.S.C. 5116(a)(1)) is amended— may be given to providing the mother with dures and practices upon children and fami- (1) by striking ‘‘prevention-focused,’’; and health services (including mental health lies in the community and in order to meet (2) by inserting ‘‘for the prevention of child services), social services, parenting services, its obligations under subparagraph (A).’’; and abuse and neglect’’ after ‘‘family resource and substance abuse prevention and treat- (2) in paragraph (6), by inserting ‘‘State and support programs’’. ment counseling and to providing the infant (b) AUTHORITY.—Section 201(b) of such Act and’’ before ‘‘public’’. with referral to the statewide early interven- (42 U.S.C. 5116(b)) is amended— (d) ANNUAL STATE DATA REPORTS.—Section tion program funded under part C of the In- 106(d) of such Act (42 U.S.C. 5106a(d)) is (1) in paragraph (1)— dividuals with Disabilities Education Act for amended by adding at the end the following: (A) in the matter preceding subparagraph an evaluation for the need for services pro- ‘‘(13) The annual report containing the (A)— vided under part C of such Act;’’; summary of the activities of the citizen re- (i) by striking ‘‘prevention-focused,’’; and (C) by redesignating clauses (vi) through view panels of the State required by sub- (ii) by striking ‘‘family resource and sup- (xiv) (as redesignated) as clauses (vii) section (c)(6). port programs’’ and inserting ‘‘family sup- through (xv), respectively; ‘‘(14) The number of children under the port programs for the prevention of child (D) by inserting after clause (v) (as redesig- care of the State child protection system abuse and neglect’’; nated) the following: transferred into the custody of the State ju- (B) in subparagraph (F), by striking ‘‘and’’ ‘‘(vi) provisions to require a State to dis- venile justice system.’’. at the end; and close confidential information to any Fed- (C) by striking subparagraph (G) and in- SEC. 106. GRANTS TO STATES FOR PROGRAMS RE- eral, State, or local government entity, or LATING TO THE INVESTIGATION serting the following: any agent of such entity, that has a need for AND PROSECUTION OF CHILD ‘‘(G) demonstrate a commitment to mean- such information in order to carry out its re- ABUSE AND NEGLECT CASES. ingful parent leadership, including among sponsibilities under law to protect children Section 107(a) of the Child Abuse Preven- parents of children with disabilities, parents from abuse and neglect;’’; tion and Treatment Act (42 U.S.C. 5106c(a)) is with disabilities, racial and ethnic minori- (E) in clause (vii)(II) (as redesignated), by amended— ties, and members of other underrepresented striking ‘‘, having a need for such informa- (1) in paragraph (2), by striking ‘‘and’’ at or underserved groups; tion’’ and all that follows through ‘‘abuse the end; ‘‘(H) provide referrals to early health and and neglect’’ and inserting ‘‘as described in (2) in paragraph (3), by striking the period developmental services; or clause (vi)’’; at the end and inserting ‘‘; and’’; and ‘‘(I) are accessible, effective, culturally ap- (F) in clause (xiii) (as redesignated), by (3) by adding at the end the following: propriate, developmentally appropriate, and striking ‘‘to be effective not later than 2 ‘‘(4) the handling of cases involving chil- built upon existing strengths;’’; and years after the date of the enactment of this dren with disabilities or serious health-re- (2) in paragraph (4)— section’’; lated problems who are victims of abuse or (A) by inserting ‘‘through leveraging of (G) in clause (xiv) (as redesignated)— neglect.’’. funds’’ after ‘‘maximizing funding’’;

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00014 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.005 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1505 (B) by striking ‘‘prevention-focused,’’; and (4) in paragraph (5)— SEC. 118. NATIONAL NETWORK FOR COMMUNITY- (C) by striking ‘‘family resource and sup- (A) by inserting ‘‘start-up, maintenance, BASED FAMILY RESOURCE PRO- port program’’ and inserting ‘‘family support expansion, and redesigning’’ after ‘‘other GRAMS. programs for the prevention of child abuse State and local public funds designated for’’; Section 208(3) of the Child Abuse Preven- and neglect’’. (B) by striking ‘‘prevention-focused,’’; and tion and Treatment Act (42 U.S.C. 5116g(3)) is amended— SEC. 112. ELIGIBILITY. (C) by striking ‘‘family resource and sup- (1) by striking ‘‘prevention-focused,’’; and Section 202 of the Child Abuse Prevention port programs’’ and inserting ‘‘family sup- (2) by striking ‘‘family resource and sup- and Treatment Act (42 U.S.C. 5116a) is port programs for the prevention of child port programs’’ and inserting ‘‘family sup- amended— abuse and neglect’’; port programs for the prevention of child (1) in paragraph (1)— (5) in paragraph (7), by striking ‘‘individual abuse and neglect’’. (A) in subparagraph (A)— community-based, prevention-focused, fam- (i) by striking ‘‘prevention-focused,’’; ily resource and support programs’’ and in- SEC. 119. DEFINITIONS. (ii) by striking ‘‘family resource and sup- serting ‘‘child abuse and neglect prevention (a) CHILDREN WITH DISABILITIES.—Section port programs,’’ and inserting ‘‘family sup- programs that are community-based, includ- 209(1) of the Child Abuse Prevention and Treatment Act (42 U.S.C. 5116h(1)) is amend- port programs for the prevention of’’; and ing family support programs’’; and ed by striking ‘‘given such term in section (iii) by striking ‘‘prevention activities’’; (6) in paragraph (11)— 602(a)(2)’’ and inserting ‘‘given the term and (A) by striking ‘‘prevention-focused,’’; and ‘child with a disability’ in section 602(3)’’. (B) in subparagraph (B), by inserting ‘‘that (B) by striking ‘‘family resource and sup- (b) FAMILY RESOURCE AND SUPPORT PRO- port program services’’ and inserting ‘‘fam- exists to strengthen and support families for GRAM.—Section 209(3) of such Act (42 U.S.C. purposes of preventing child abuse and ne- ily support program services for the preven- 5116h(3)) is amended— glect and’’ after ‘‘written authority of the tion of child abuse and neglect’’. (1) in the matter preceding subparagraph State)’’; SEC. 116. LOCAL PROGRAM REQUIREMENTS. (A), by striking ‘‘, prevention-focused’’; (2) in paragraph (2)(A)— Section 206(a) of the Child Abuse Preven- (2) in subparagraph (A)— (A) by striking ‘‘family resource and sup- tion and Treatment Act (42 U.S.C. 5116e(a)) is (A) in the matter preceding clause (i), by port programs’’ and inserting ‘‘family sup- amended— striking ‘‘core services’’ and inserting ‘‘core port programs for the prevention of child (1) in the matter preceding paragraph (1)— child abuse and neglect prevention services’’; abuse and neglect’’; and (A) by inserting ‘‘, network,’’ after ‘‘ex- (B) in clause (i)— (B) by adding at the end before the semi- pand’’; (i) by striking ‘‘, together with services’’; colon the following: ‘‘and parents with dis- (B) by striking ‘‘prevention-focused,’’; and (ii) by striking ‘‘equality and respect, and’’ abilities’’; and (C) by striking ‘‘family resource and sup- and inserting ‘‘equality and respect that (3) in paragraph (3)— port programs’’ and inserting ‘‘family sup- are’’; and (A) by striking ‘‘prevention-focused,’’ each port programs for the prevention of child (iii) by inserting at the end before the place it appears; abuse and neglect’’; semicolon the following: ‘‘in order to prevent (B) by striking ‘‘family resource and sup- (2) in paragraph (3)(A)— child abuse and neglect’’; and port programs’’ each place it appears and in- (A) in the matter preceding clause (i), by (C) in clause (ii), by striking ‘‘to one an- serting ‘‘family support programs for the striking ‘‘family resource and support serv- other’’ and inserting ‘‘for support of one an- prevention of child abuse and neglect’’; ices’’ and inserting ‘‘family support services other’’; and (C) in subparagraph (C), by striking ‘‘and for the prevention of child abuse and ne- (3) in subparagraph (C)(iii), by striking technical assistance,’’ and inserting ‘‘, tech- glect’’; ‘‘scholastic’’ and inserting ‘‘academic’’. nical assistance, and evaluation assistance’’; (B) in clause (iii), by striking ‘‘and’’ at the SEC. 120. AUTHORIZATION OF APPROPRIATIONS. and end; and Section 210 of the Child Abuse Prevention (D) in subparagraph (D), by inserting ‘‘, (C) by adding at the end the following: and Treatment Act (42 U.S.C. 5116i) is parents with disabilities,’’ after ‘‘children ‘‘(v) respite care; amended to read as follows: with disabilities’’. ‘‘(vi) home visiting; and ‘‘SEC. 210. AUTHORIZATION OF APPROPRIATIONS. SEC. 113. AMOUNT OF GRANT. ‘‘(vii) family support services;’’; and ‘‘There are authorized to be appropriated Section 203(b)(1)(B) of the Child Abuse Pre- (3) in paragraph (6)— to carry out this title $80,000,000 for fiscal vention and Treatment Act (42 U.S.C. (A) by striking ‘‘prevention-focused,’’; and year 2003 and such sums as may be necessary 5116b(b)(1)(B)) is amended— (B) by striking ‘‘family resource and sup- for each of the fiscal years 2004 through (1) by striking ‘‘as the amount leveraged port program’’ and inserting ‘‘family support 2007.’’. by the State from private, State, or other programs for the prevention of child abuse CHAPTER 3—TECHNICAL AND CON- non-Federal sources and directed through and neglect’’. FORMING AMENDMENTS; REDESIGNA- the’’ and inserting ‘‘as the amount of pri- SEC. 117. PERFORMANCE MEASURES. TIONS vate, State or other non-Federal funds lever- Section 207 of the Child Abuse Prevention aged and directed through the currently des- SEC. 121. TECHNICAL AND CONFORMING AMEND- and Treatment Act (42 U.S.C. 5116f) is MENTS. ignated’’; and amended— (a) FINDINGS.—Section 2(3)(D) of the Child (2) by striking ‘‘the lead agency’’ and in- (1) in paragraph (1)— Abuse Prevention and Treatment Act (42 serting ‘‘the current lead agency’’. (A) by striking ‘‘prevention-focused,’’; and U.S.C. 5101 note) is amended by striking ‘‘en- SEC. 114. EXISTING GRANTS. (B) by striking ‘‘family resource and sup- sures properly trained and support staff with Section 204 of the Child Abuse Prevention port programs’’ and inserting ‘‘family sup- specialized knowledge,’’ and inserting ‘‘en- and Treatment Act (42 U.S.C. 5115c) is re- port programs for the prevention of child sures staff have proper training and special- pealed. abuse and neglect’’; ized knowledge’’. SEC. 115. APPLICATION. (2) in paragraph (2), by striking ‘‘, includ- (b) TITLE I.—Title I of such Act (42 U.S.C. Section 205 of the Child Abuse Prevention ing’’ and all that follows through ‘‘section 5101 et seq.) is amended as follows: and Treatment Act (42 U.S.C. 5116d) is 202’’ and inserting ‘‘, such as the services de- (1) In section 104(d)(1), by striking ‘‘federal amended— scribed in section 206(a)(3)(A)’’; agencies’’ and inserting ‘‘Federal agencies’’. (1) in paragraphs (1), (2), (4), (8), and (9)— (3) in paragraph (3), by striking ‘‘of new (2) In section 105(b), in the matter pre- (A) by striking ‘‘prevention-focused,’’ each respite care and other specific new family re- ceding paragraph (1), by striking ‘‘subsection place it appears; and sources services, and the expansion of exist- (b)’’ and inserting ‘‘subsection (a)’’. (B) by striking ‘‘family resource and sup- ing services,’’ and inserting ‘‘and the mainte- (3) In section 106(b)(2)— port programs’’ each place it appears and in- nance, enhancement, or expansion of exist- (A) in subparagraph (A), by striking serting ‘‘family support programs for the ing services such as those described in sec- ‘‘Statewide program’’ and inserting ‘‘state- prevention of child abuse and neglect’’; tion 206(a)(3)(A),’’; and wide program’’; and (2) in paragraph (2), by striking ‘‘family re- (4) in paragraph (4)— (B) in subparagraph (B)(iii), by striking source and support services’’ and inserting (A) by inserting ‘‘and parents with disabil- ‘‘life threatening’’ and inserting ‘‘life-threat- ‘‘family support services’’; ities,’’ after ‘‘children with disabilities,’’; ening’’. (3) in paragraph (3)— (B) by striking ‘‘evaluation of’’ the first (4) In section 107(e)(1)(B), by striking ‘‘im- (A) by striking ‘‘an assurance that an in- place it appears and all that follows through prove the rate’’ and all that follows through ventory of’’ and inserting ‘‘a description of ‘‘under this title’’ and inserting ‘‘evaluation ‘‘child sexual abuse cases’’ and inserting the the inventory of current unmet needs,’’; of community-based child abuse and neglect following: ‘‘improve the prompt and success- (B) by striking ‘‘family resource pro- prevention programs’’; and ful resolution of civil and criminal court pro- grams’’ and inserting ‘‘family support pro- (5) in paragraphs (5), (6), and (8)— ceedings or enhance the effectiveness of judi- grams’’; (A) by striking ‘‘prevention-focused,’’ each cial and administrative action in child abuse (C) by striking ‘‘, respite care, child abuse place it appears; and and neglect cases, particularly child sexual and neglect prevention activities,’’ and in- (B) by striking ‘‘family resource and sup- abuse and exploitation cases, including the serting ‘‘for the prevention of child abuse port programs’’ each place it appears and in- enhancement of performance of court-ap- and neglect, including respite care’’; and serting ‘‘family support programs for the pointed attorneys and guardians ad litem for (D) by striking ‘‘, will be provided’’; prevention of child abuse and neglect’’. children’’.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00015 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.005 pfrm12 PsN: H23PT1 H1506 CONGRESSIONAL RECORD — HOUSE April 23, 2002 (5) By redesignating sections 103 through (K) In section 122(a) (as redesignated), by (iii) by adding ‘‘and’’ at the end; 113 as sections 102 through 112, respectively. striking ‘‘this Act’’ and inserting ‘‘this (B) in subparagraph (B), by striking ‘‘and’’ (c) TITLE II.—Title II of such Act (42 U.S.C. title’’. at the end; and 5116 et seq.) is amended as follows: (4) SUBTITLE B.—Subtitle B of title I of (C) by striking subparagraph (C); and (1) In paragraphs (1) and (4) of section such Act (as redesignated by subsection (8) by redesignating paragraphs (2), (3), (4), 201(b), paragraphs (1)(A), (3)(A), (3)(B), and (a)(2)) is amended as follows: (5), (7), (8), (9), and (10) as paragraphs (1) (3)(C) of section 202, paragraphs (1) and (5) of (A) In section 131 (as redesignated)— through (8), respectively. section 205, section 206(a)(6), paragraphs (1) (i) by striking ‘‘this title’’ each place it ap- SEC. 132. INFORMATION AND SERVICES. and (6) of section 207, and section 208(3), by pears and inserting ‘‘this subtitle’’; and Section 203 of the Child Abuse Prevention striking ‘‘Statewide’’ each place it appears (ii) in subsection (b)— and inserting ‘‘statewide’’. and Treatment and Adoption Reform Act of (I) in the matter preceding paragraph (1), 1978 (42 U.S.C. 5113) is amended— (2) In section 205, by redesignating para- by striking ‘‘section 202(1)’’ and inserting graph (13) as paragraph (12). (1) by striking the section heading and in- ‘‘section 132(1)’’; and serting the following: (3) In section 207(8), by striking ‘‘commu- (II) in paragraph (3), by striking ‘‘section nity based’’ and inserting ‘‘community- 205(a)(3)’’ and inserting ‘‘section 134(a)(3)’’. ‘‘SEC. 203. INFORMATION AND SERVICES.’’; based’’. (B) In section 132 (as redesignated)— (2) by striking ‘‘SEC. 203. (a) The Sec- (4) By redesignating sections 205 through (i) by striking ‘‘this title’’ each place it ap- retary’’ and inserting the following: 210 as sections 204 through 209, respectively. pears and inserting ‘‘this subtitle’’; and ‘‘(a) IN GENERAL.—The Secretary’’; SEC. 122. REDESIGNATIONS. (ii) in paragraph (1)(D) by striking ‘‘such (3) in subsection (b), by inserting ‘‘RE- (a) REDESIGNATIONS.— title’’ and inserting ‘‘such subtitle’’. QUIRED ACTIVITIES.—’’ after ‘‘(b)’’; (1) TITLE I.—(A) Title I of the Child Abuse (C) In section 133 (as redesignated), by (4) in subsection (c)— Prevention and Treatment Act (42 U.S.C. striking ‘‘section 210’’ each place it appears (A) by striking ‘‘(c)(1) The Secretary’’ and 5101 et seq.) is amended by striking the head- and inserting ‘‘section 139’’. inserting the following: ing for such title and inserting the following: (D) In section 134 (as redesignated)— ‘‘(c) SERVICES FOR FAMILIES ADOPTING SPE- ‘‘Subtitle A—General Program’’. (i) by striking ‘‘this title’’ each place it ap- CIAL NEEDS CHILDREN.— (B) Sections 101 through 112 of such Act (as pears and inserting ‘‘this subtitle’’; ‘‘(1) IN GENERAL.—The Secretary’’; redesignated) are further redesignated as (ii) by striking ‘‘section 202’’ each place it (B) by striking ‘‘(2) Services’’ and inserting sections 111 through 122, respectively. appears and inserting ‘‘section 132’’; and the following: (2) TITLE II.—(A) Title II of such Act is (iii) in paragraph (2), by striking ‘‘this ‘‘(2) SERVICES.—Services’’; and amended by striking the heading for such Act’’ and inserting ‘‘this title’’. (C) in paragraph (2)— title and inserting the following: (E) In section 135 (as redesignated), by (i) by moving subparagraphs (A) through (G) 2 ems to the right; ‘‘Subtitle B—Community–Based Family Sup- striking ‘‘this title’’ each place it appears (ii) in subparagraph (F), by striking ‘‘and’’ port Grants for the Prevention of Child and inserting ‘‘this subtitle’’. Abuse and Neglect’’. (F) In section 136 (as redesignated)— at the end; (i) by striking ‘‘this title’’ each place it ap- (iii) in subparagraph (G), by striking the (B) Sections 201 through 209 of such Act (as period at the end and inserting a semicolon; redesignated) are further redesignated as pears and inserting ‘‘this subtitle’’; (ii) in paragraph (2), by striking ‘‘section and sections 131 through 139, respectively. (iv) by adding at the end the following: (b) CONFORMING AMENDMENTS.— 206(a)(3)(A)’’ and inserting ‘‘section ‘‘(H) day treatment; and (1) TITLE HEADING.—The Child Abuse Pre- 135(a)(3)(A)’’; and ‘‘(I) respite care.’’; and vention and Treatment Act (42 U.S.C. 5101 et (iii) in paragraph (3)— (5) in subsection (d)— seq.) is amended by inserting before section (I) by striking ‘‘section 206(a)(3)(A)’’ and (A) in paragraph (1), by striking ‘‘compo- 1 the following: inserting ‘‘section 135(a)(3)(A)’’; and (II) by striking ‘‘section 205(3)’’ and insert- nent which’’ and inserting ‘‘component ‘‘TITLE I—CHILD ABUSE PREVENTION AND that’’; TREATMENT ACT’’. ing ‘‘section 134(3)’’. (G) In section 139 (as redesignated), by (B) by striking ‘‘(d)(1) The Secretary’’ and (2) SHORT TITLE; TABLE OF CONTENTS; FIND- striking ‘‘this title’’ and inserting ‘‘this sub- inserting the following: INGS.—(A) Section 1 of such Act (42 U.S.C. title’’. ‘‘(d) IMPROVING PLACEMENT RATE OF CHIL- 5101 note) is amended to read as follows: Subtitle B—Amendments to Other Child DREN IN FOSTER CARE.— ‘‘SEC. 101. SHORT TITLE. Abuse Prevention and Related Programs ‘‘(1) IN GENERAL.—The Secretary’’; ‘‘This title may be cited as the ‘Child (C) by striking ‘‘(2)(A) Each State’’ and in- CHAPTER 1—CHILD ABUSE PREVENTION Abuse Prevention and Treatment Act’.’’. serting the following: AND TREATMENT AND ADOPTION RE- (B) Section 2 of such Act (42 U.S.C. 5101 ‘‘(2) APPLICATIONS; TECHNICAL AND OTHER FORM ACT OF 1978 note) is redesignated as section 102. ASSISTANCE.— SEC. 131. CONGRESSIONAL FINDINGS AND DEC- (3) SUBTITLE A.—Subtitle A of title I of ‘‘(A) APPLICATIONS.—Each State’’; LARATION OF PURPOSE. such Act (as redesignated by subsection (D) by striking ‘‘(B) The Secretary’’ and in- Section 201(a) of the Child Abuse Preven- (a)(1)) is amended as follows: serting the following: tion and Treatment and Adoption Reform (A) In section 111(b) (as redesignated), by ‘‘(B) TECHNICAL AND OTHER ASSISTANCE.— Act of 1978 (42 U.S.C. 5111(a)) is amended— striking ‘‘this Act’’ and inserting ‘‘this The Secretary’’; (1) by striking paragraph (1); title’’ in the first sentence. (E) in paragraph (2)(B), by moving clauses (2) in paragraph (2)— (B) In section 112(c)(1)(E) (as redesignated), (i) and (ii) 4 ems to the right; (A) by striking ‘‘increasingly’’; and by striking ‘‘section 105(a)’’ and inserting (F) by striking ‘‘(3)(A) Payments’’ and in- (B) by striking ‘‘which’’ and inserting ‘‘section 113(a)’’. serting the following: (C) In section 113(b)(2)(C) (as redesignated), ‘‘that’’; ‘‘(3) PAYMENTS.— by striking ‘‘titles I and II’’ and inserting (3) by amending paragraph (3) to read as ‘‘(A) IN GENERAL.—Payments’’; and follows: ‘‘this subtitle and subtitle B’’. (G) by striking ‘‘(B) Any payment’’ and in- ‘‘(3) many such children have special needs (D) In section 115(b)(2)(A)(vii) (as redesig- serting the following: nated), by striking ‘‘Act’’ and inserting because they are born to mothers who did ‘‘(B) REVERSION OF UNUSED FUNDS.—Any not receive prenatal care, are born with life- ‘‘title’’. payment’’. (E) In section 116(b)(1) (as redesignated), by threatening conditions or disabilities, are striking ‘‘section 107(b)’’ and inserting ‘‘sec- born addicted to alcohol and other drugs, or SEC. 133. STUDY AND REPORT ON DYNAMICS OF tion 115(b)’’. have been exposed to infection with the etio- SUCCESSFUL ADOPTION. (F) In section 117 (as redesignated), by logic agent for the human immunodeficiency Section 204 of the Child Abuse Prevention striking ‘‘this Act’’ each place it appears and virus;’’; and Treatment and Adoption Reform Act of inserting ‘‘this title’’. (4) in paragraph (4)— 1978 (42 U.S.C. 5114) is amended to read as fol- (G) In section 118 (as redesignated), by (A) by striking ‘‘the welfare of’’ and insert- lows: striking ‘‘this Act’’ and inserting ‘‘this ing ‘‘each year,’’; and ‘‘SEC. 204. STUDY AND REPORT ON DYNAMICS OF title’’. (B) by striking ‘‘in institutions and foster SUCCESSFUL ADOPTION. (H) In section 119(b) (as redesignated), by homes and disabled infants with life-threat- ‘‘The Secretary shall conduct research (di- striking ‘‘section 107’’ and inserting ‘‘section ening conditions may be in serious jeopardy rectly or by grant to, or contract with, pub- 116’’. and some such children’’; lic or private nonprofit research agencies or (I) In section 120 (as redesignated), by (5) in paragraph (5), by striking ‘‘thousands organizations) about adoption outcomes and striking ‘‘this title’’ and inserting ‘‘this sub- of’’; the factors affecting those outcomes. The title’’. (6) by striking paragraph (6); Secretary shall submit a report containing (J) In section 121 (as redesignated)— (7) in paragraph (7)— the results of such research to the appro- (i) by striking ‘‘this title’’ each place it ap- (A) in subparagraph (A)— priate committees of the Congress not later pears and inserting ‘‘this subtitle’’; and (i) by striking ‘‘40,000’’; than the date that is 36 months after the (ii) in subsection (a)(2)(B), by striking (ii) by inserting ‘‘of all races and ages’’ date of the enactment of the Keeping Chil- ‘‘section 106’’ and inserting ‘‘section 115’’. after ‘‘children’’; and dren and Families Safe Act of 2002.’’.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00016 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.005 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1507 SEC. 134. AUTHORIZATION OF APPROPRIATIONS. ing ‘‘comprehensive support services for such abandonments, and effective methods for re- Section 205 of the Child Abuse Prevention infants and young children and their families sponding to the needs of abandoned infants and Treatment and Adoption Reform Act of and services to prevent the abandonment of and young children.’’. 1978 (42 U.S.C. 5115) is amended— such infants and young children, including SEC. 144. AUTHORIZATION OF APPROPRIATIONS. (1) by striking the section heading and in- foster care services, case management serv- Section 104 of the Abandoned Infants As- serting the following: ices, family support services, respite and cri- sistance Act of 1988 (42 U.S.C. 670 note) is ‘‘SEC. 205. AUTHORIZATION OF APPROPRIA- sis intervention services, counseling serv- amended— TIONS.’’; ices, and group residential home services; (1) by amending subsection (a) to read as (2) by striking ‘‘SEC. 205.’’; and’’; follows: (3) by amending subsection (a) to read as (7) by striking paragraph (10); ‘‘(a) IN GENERAL.— follows: (8) by amending paragraph (11) to read as ‘‘(1) AUTHORIZATION.—For the purpose of ‘‘(a) IN GENERAL.—There are authorized to follows: carrying out this subtitle, there are author- be appropriated $40,000,000 for fiscal year 2003 ‘‘(11) Private, Federal, State, and local re- ized to be appropriated $45,000,000 for fiscal and such sums as may be necessary for fiscal sources should be coordinated to establish year 2003 and such sums as may be necessary years 2004 through 2007 to carry out pro- and maintain such services and to ensure the for fiscal years 2004 through 2007. grams and activities authorized under this optimal use of all such resources.’’; and ‘‘(2) LIMITATION.—Not more than 5 percent subtitle.’’; and (9) by redesignating paragraphs (2), (3), (4), of the amounts appropriate under paragraph (4) in subsection (b), by inserting ‘‘AVAIL- (5), (8), (9), and (11) as paragraphs (1) through (1) for any fiscal year may be obligated for ABILITY.—’’ after ‘‘(b)’’. (7), respectively. carrying out section 224(a).’’; (2) by striking subsection (b); SEC. 135. TRANSFER AND REDESIGNATIONS; CON- SEC. 142. ESTABLISHMENT OF LOCAL PROGRAMS. (3) in subsection (c)— FORMING AMENDMENTS. Section 101 of the Abandoned Infants As- (A) in paragraph (1)— (a) IN GENERAL.—Title II of the Child sistance Act of 1988 (42 U.S.C. 670 note) is (i) by inserting ‘‘AUTHORIZATION.—’’ after Abuse Prevention and Treatment and Adop- amended— ‘‘(1)’’; and tion Reform Act of 1978 (42 U.S.C. 5111 et (1) by striking the section heading and in- (ii) by striking ‘‘this title’’ and inserting seq.)— serting the following: (1) is amended by striking the title head- ‘‘this subtitle’’; and ‘‘SEC. 101. ESTABLISHMENT OF LOCAL PRO- (B) in paragraph (2)— ing; GRAMS.’’; and (i) by inserting ‘‘LIMITATION.—’’ after ‘‘(2)’’; (2) is transferred to the Child Abuse Pre- (2) by amending subsection (b) to read as and vention and Treatment Act (42 U.S.C. 5101 et follows: (ii) by striking ‘‘fiscal year 1991.’’ and in- seq.), as amended by subtitle A of this title; ‘‘(b) PRIORITY IN PROVISION OF SERVICES.— serting ‘‘fiscal year 2002.’’; and and The Secretary may not make a grant under (4) by redesignating subsections (c) and (d) (3) is redesignated as subtitle A of title II subsection (a) unless the applicant for the as subsections (b) and (c), respectively. of such Act. grant agrees to give priority to abandoned SEC. 145. OTHER TECHNICAL AND CONFORMING (b) CONFORMING AMENDMENTS.— infants and young children who— AMENDMENTS; TRANSFER AND RE- (1) TITLE AND SUBTITLE HEADINGS; SHORT ‘‘(1) are infected with, or have been DESIGNATIONS. TITLE.—The Child Abuse Prevention and perinatally exposed to, the human immuno- (a) TECHNICAL AMENDMENTS.— Treatment Act (42 U.S.C. 5101 et seq.), as deficiency virus, or have a life-threatening (1) STRIKING TITLES; CONSOLIDATING DEFINI- amended, is further amended— illness or other special medical need; or TIONS.—The Abandoned Infants Assistance (A) by redesignating section 201 as section ‘‘(2) have been perinatally exposed to a Act of 1988 (42 U.S.C. 670 note) is amended— 202; and dangerous drug.’’. (A) by striking the title heading for title I; (B) by inserting after title I of such Act SEC. 143. EVALUATIONS, STUDY, AND REPORTS (B) by striking titles II and III; and the following: BY SECRETARY. (C) by amending section 103 to read as fol- ‘‘TITLE II—OTHER CHILD ABUSE Section 102 of the Abandoned Infants As- lows: PREVENTION AND RELATED PROGRAMS sistance Act of 1988 (42 U.S.C. 670 note) is ‘‘SEC. 103. DEFINITIONS. ‘‘Subtitle A—Adoption Opportunities amended to read as follows: ‘‘For purposes of this subtitle: ‘‘(1) The terms ‘abandoned’ and ‘abandon- ‘‘SEC. 201. SHORT TITLE. ‘‘SEC. 102. EVALUATIONS, STUDY, AND REPORTS ment’, with respect to infants and young ‘‘This subtitle may be cited as the ‘Adop- BY SECRETARY. children, mean that the infants and young tion Opportunities Act of 2002’.’’. ‘‘(a) EVALUATIONS OF LOCAL PROGRAMS.— The Secretary shall, directly or through con- children are medically cleared for discharge (2) TITLE REFERENCES.—Subtitle A of title from acute-care hospital settings, but re- II of such Act is amended by striking ‘‘this tracts with public and nonprofit private enti- main hospitalized because of a lack of appro- title’’ each place such term appears and in- ties, provide for evaluations of projects car- priate out-of-hospital placement alter- serting ‘‘this subtitle’’. ried out under section 101 and for the dis- semination of information developed as a re- natives. CHAPTER 2—ABANDONED INFANTS sult of such projects. ‘‘(2) The term ‘acquired immune deficiency ASSISTANCE ACT OF 1988 ‘‘(b) STUDY AND REPORT ON NUMBER OF syndrome’ includes infection with the etio- SEC. 141. FINDINGS. ABANDONED INFANTS AND YOUNG CHILDREN.— logic agent for such syndrome, any condition Section 2 of the Abandoned Infants Assist- ‘‘(1) IN GENERAL.—The Secretary shall con- indicating that an individual is infected with ance Act of 1988 (42 U.S.C. 670 note) is duct a study for the purpose of such etiologic agent, and any condition aris- amended— determining— ing from such etiologic agent. (1) by striking paragraph (1); ‘‘(A) an estimate of the annual number of ‘‘(3) The term ‘dangerous drug’ means a (2) in paragraph (2)— infants and young children relinquished, controlled substance, as defined in section (A) by inserting ‘‘studies indicate that a abandoned, or found dead in the United 102 of the Controlled Substances Act. number of factors contribute to’’ before ‘‘the States and the number of such infants and ‘‘(4) The term ‘natural family’ shall be inability of’’; young children who are infants and young broadly interpreted to include natural par- (B) by inserting ‘‘some’’ after ‘‘inability children described in section 223(b); ents, grandparents, family members, guard- of’’; ‘‘(B) an estimate of the annual number of ians, children residing in the household, and (C) by striking ‘‘who abuse drugs’’; and infants and young children who are victims individuals residing in the household on a (D) by striking ‘‘care for such infants’’ and of homicide; continuing basis who are in a care-giving sit- inserting ‘‘care for their infants’’; ‘‘(C) characteristics and demographics of uation with respect to infants and young (3) by amending paragraph (5) to read as parents who have abandoned an infant with- children covered under this subtitle. follows: in 1 year of the infant’s birth; and ‘‘(5) The term ‘Secretary’ means the Sec- ‘‘(5) appropriate training is needed for per- ‘‘(D) an estimate of the annual costs in- retary of Health and Human Services.’’. sonnel working with infants and young chil- curred by the Federal Government and by (2) ESTABLISHMENT OF LOCAL PROGRAMS.— dren with life-threatening conditions and State and local governments in providing Section 101(d) of the Abandoned Infants As- other special needs, including those who are housing and care for abandoned infants and sistance Act of 1988 (42 U.S.C. 670 note) is infected with the human immunodeficiency young children. amended— virus (commonly known as ‘HIV’), those who ‘‘(2) DEADLINE.—Not later than 36 months (A) in paragraph (1)— have acquired immune deficiency syndrome after the date of the enactment of the Keep- (i) by striking ‘‘(1) The Secretary’’ and in- (commonly know as ‘AIDS’), and those who ing Children and Families Safe Act of 2002, serting ‘‘(1) IN GENERAL.—The Secretary’’; have been exposed to dangerous drugs;’’; the Secretary shall complete the study re- and (4) by striking paragraphs (6) and (7); quired under paragraph (1) and submit to the (ii) in subparagraph (D), by striking ‘‘dur- (5) in paragraph (8), by inserting ‘‘by par- Congress a report describing the findings ing the majority of the 180-day period pre- ents abusing drugs,’’ after ‘‘deficiency syn- made as a result of the study. ceding the date of the enactment of this drome,’’; ‘‘(c) EVALUATION.—The Secretary shall Act,’’ and inserting ‘‘during the majority of (6) in paragraph (9), by striking ‘‘com- evaluate and report on effective methods of the 180-day period preceding the date of the prehensive services’’ and all that follows intervening before the abandonment of an in- enactment of the Keeping Children and Fam- through the semicolon at the end and insert- fant or young child so as to prevent such ilies Safe Act of 2002,’’; and

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00017 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.005 pfrm12 PsN: H23PT1 H1508 CONGRESSIONAL RECORD — HOUSE April 23, 2002

(B) in paragraph (2), by striking ‘‘(2) Sub- ‘‘Sec. 135. Local program requirements. ‘‘(1) IN GENERAL.—Except as provided in ject’’ and inserting ‘‘(2) DURATION OF ‘‘Sec. 136. Performance measures. paragraph (2), a grant’’; and GRANTS.—Subject’’. ‘‘Sec. 137. National network for community- (2) by adding at the end the following: (b) TRANSFER AND REDESIGNATIONS.— based family resource pro- ‘‘(2) EXTENSION.—The Secretary may ex- (1) IN GENERAL.—The Abandoned Infants grams. tend the duration of a grant under this sec- Assistance Act of 1988 (42 U.S.C. 670 note)— ‘‘Sec. 138. Definitions. tion beyond the period described in para- (A) is amended by striking section 1; ‘‘Sec. 139. Authorization of appropriations. graph (1) if, prior to such extension— (B) is transferred to the Child Abuse Pre- ‘‘TITLE II—OTHER CHILD ABUSE ‘‘(A) the entity prepares and submits to the vention and Treatment Act (42 U.S.C. 5101 et PREVENTION AND RELATED PROGRAMS Secretary a report that evaluates the effec- seq.), as amended; and ‘‘Subtitle A—Adoption Opportunities tiveness of the use of amounts received (C) is redesignated as subtitle B of title II under the grant for the period described in of such Act. ‘‘Sec. 201. Short title. paragraph (1) and contains any other infor- (2) CONFORMING AMENDMENTS.— ‘‘Sec. 202. Congressional findings and dec- mation as the Secretary may prescribe; and (A) SUBTITLE HEADING; SHORT TITLE.—Title laration of purpose. ‘‘(B) the report and other appropriate cri- II of the Child Abuse Prevention and Treat- ‘‘Sec. 203. Information and services. teria indicate that the entity is successfully ment Act (42 U.S.C. 5101 et seq.) is amended ‘‘Sec. 204. Study and report on dynamics of operating the hotline in accordance with by inserting after subtitle A of such title the successful adoption. subsection (a).’’. ‘‘Sec. 205. Authorization of appropriations. following: (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘Subtitle B—Abandoned Infants Assistance ‘‘Subtitle B—Abandoned Infants Assistance Section 316(f) of such Act (42 U.S.C. 10416(f)) ‘‘Sec. 221. Short title. is amended in paragraph (1) by striking ‘‘fis- ‘‘SEC. 221. SHORT TITLE. ‘‘Sec. 222. Findings. cal years 2001 through 2005’’ and inserting ‘‘This subtitle may be cited as the ‘Aban- ‘‘Sec. 223. Establishment of local programs. ‘‘fiscal years 2003 through 2007’’. doned Infants Assistance Act of 2002’.’’. ‘‘Sec. 224. Evaluations, study, and reports by SEC. 207. DEMONSTRATION GRANTS FOR COMMU- (B) REDESIGNATIONS.—Subtitle B of title II secretary. of such Act is amended by redesignating sec- NITY INITIATIVES. ‘‘Sec. 225. Definitions. (a) IN GENERAL.—Section 318(h) of the tions 2, 101, 102, 103, and 104 as sections 222 ‘‘Sec. 226. Authorization of appropriations.’’. through 226, respectively. Family Violence Prevention and Services (C) DOMESTIC VOLUNTEER SERVICE.—Section TITLE II—AMENDMENTS TO FAMILY VIO- Act (42 U.S.C. 10418(h)) is amended to read as 421(7) of the Domestic Volunteer Service Act LENCE PREVENTION AND SERVICES follows: of 1973 (42 U.S.C. 5061(7)) is amended by strik- ACT ‘‘(h) AUTHORIZATION OF APPROPRIATIONS.— ing ‘‘section 103 of the Abandoned Infants SEC. 201. STATE DEMONSTRATION GRANTS AU- There are authorized to be appropriated to Assistance Act of 1988 (Public Law 100–505; 42 THORIZED. carry out this section $6,000,000 for each of U.S.C. 670 note);’’ and inserting ‘‘section Section 303(a) of the Family Violence Pre- the fiscal years 2003 through 2007.’’. 225(1) of the Abandoned Infants Assistance vention and Services Act (42 U.S.C. 10402(a)) (b) REGULATIONS.—Section 318 of such Act Act of 2002;’’. is amended by adding at the end the fol- (42 U.S.C. 10418) is amended by striking sub- Subtitle C—Technical and Conforming lowing: section (i). ‘‘(5) Upon completion of activities funded Amendments SEC. 208. TRANSITIONAL HOUSING ASSISTANCE. by a grant under this subpart, the State Section 319(f) of the Family Violence Pre- SEC. 151. SHORT TITLE; TABLE OF CONTENTS. grantee shall file with the Secretary a report vention and Services Act (42 U.S.C. 10419(f)) The Child Abuse Prevention and Treat- that contains a description of the activities is amended by striking ‘‘fiscal year 2001’’ and ment Act (42 U.S.C. 5101 et seq.), as amended carried out under paragraph (2)(B)(i).’’. inserting ‘‘each of the fiscal years 2003 by subtitles A and B, is further amended by SEC. 202. EVALUATION. inserting before title I the following: through 2007’’. Section 306 of the Family Violence Preven- ‘‘SECTION 1. SHORT TITLE; TABLE OF CONTENTS. SEC. 209. TECHNICAL AND CONFORMING AMEND- tion and Services Act (42 U.S.C. 10405) is MENTS. ‘‘(a) SHORT TITLE.—This Act may be cited amended in the first sentence by striking The Family Violence Prevention and Serv- as the ‘Keeping Children and Families Safe ‘‘Not later than two years after the date on ices Act (42 U.S.C. 10401 et seq.) is amended Act’. which funds are obligated under section as follows: ‘‘(b) TABLE OF CONTENTS.—The table of 303(a) for the first time after the date of the (1) In section 302(1) by striking ‘‘dem- contents for this Act is as follows: enactment of this title, and every two years onstrate the effectiveness of assisting’’ and ‘‘Sec. 1. Short title; table of contents. thereafter,’’ and inserting ‘‘Every two inserting ‘‘assist’’. years’’. ‘‘TITLE I—CHILD ABUSE PREVENTION (2) In section 303(a) is amended— AND TREATMENT ACT SEC. 203. INFORMATION AND TECHNICAL ASSIST- (A) in paragraph (2)— ANCE CENTERS. ‘‘Sec. 101. Short title. (i) in subparagraph (C), by striking ‘‘State Section 308 of the Family Violence Preven- ‘‘Sec. 102. Findings. domestic violence coalitions knowledgeable tion and Services Act (42 U.S.C. 10407) is individuals and interested organizations’’ ‘‘Subtitle A—General Program amended by striking subsection (g). and inserting ‘‘State domestic violence coa- ‘‘Sec. 111. Office on Child Abuse and Neglect. SEC. 204. AUTHORIZATION OF APPROPRIATIONS. litions, knowledgeable individuals, and in- ‘‘Sec. 112. National clearinghouse for infor- (a) GENERAL AUTHORIZATION.—Section terested organizations’’; and mation relating to child abuse. 310(a) of the Family Violence Prevention and (ii) in subparagraph (F), by adding ‘‘and’’ ‘‘Sec. 113. Research and assistance activi- Services Act (42 U.S.C. 10409(a)) is amended at the end; and ties. to read as follows: (B) by moving the margin of paragraph (4) ‘‘Sec. 114. Grants to public agencies and ‘‘(a) IN GENERAL.—There are authorized to two ems to the left. nonprofit private organizations be appropriated to carry out this title (3) In section 305(b)(2)(A) by striking ‘‘pro- for demonstration programs $175,000,000 for each of the fiscal years 2003 vide for research, and into’’ and inserting and projects. through 2007.’’. ‘‘provide for research into’’. ‘‘Sec. 115. Grants to States for child abuse (b) GRANTS FOR STATE DOMESTIC VIOLENCE (4) In section 311(a)— and neglect prevention and COALITIONS.—Section 311(g) of such Act (42 (A) in paragraph (2)(K), by striking ‘‘other treatment programs. U.S.C. 10410(g)) is amended to read as fol- criminal justice professionals,;’’ and insert- ‘‘Sec. 116. Grants to States for programs re- lows: ing ‘‘other criminal justice professionals;’’ lating to the investigation and ‘‘(g) FUNDING.—Of the amount appropriated and prosecution of child abuse and pursuant to the authorization of appropria- (B) in paragraph (3)— neglect cases. tions under section 310(a) for a fiscal year, (i) in the matter preceding subparagraph ‘‘Sec. 117. Miscellaneous requirements relat- not less than 10 percent of such amount shall (A), by striking ‘‘family law judges,,’’ and in- ing to assistance. be made available to award grants under this serting ‘‘family law judges,’’; ‘‘Sec. 118. Coordination of child abuse and section.’’. (ii) in subparagraph (D), by inserting ‘‘, neglect programs. SEC. 205. GRANTS FOR STATE DOMESTIC VIO- criminal court judges,’’ after ‘‘family law ‘‘Sec. 119. Reports. LENCE COALITIONS. judges’’; and ‘‘Sec. 120. Definitions. Section 311 of the Family Violence Preven- (iii) in subparagraph (H), by striking ‘‘su- ‘‘Sec. 121. Authorization of appropriations. tion and Services Act (42 U.S.C. 10410) is pervised visitations that do not endanger ‘‘Sec. 122. Rule of construction. amended by striking subsection (h). victims and their children’’ and inserting ‘‘Subtitle B—Community-Based Family Sup- SEC. 206. NATIONAL DOMESTIC VIOLENCE HOT- ‘‘supervised visitations or denial of visita- port Grants for the Prevention of Child LINE GRANT. tion to protect against danger to victims or Abuse and Neglect (a) DURATION.—Section 316(b) of the Fam- their children’’. ‘‘Sec. 131. Purpose and authority. ily Violence Prevention and Services Act (42 (5) In section 313(1) by striking ‘‘on the in- ‘‘Sec. 132. Eligibility. U.S.C. 10416(b)) is amended— dividual develop data’’. ‘‘Sec. 133. Amount of grant. (1) by striking ‘‘A grant’’ and inserting the (6) In section 315(b)(3)(A) by striking ‘‘and’’ ‘‘Sec. 134. Application. following: at the end.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00018 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.005 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1509 TITLE III—EFFECTIVE DATE vate and community-based organiza- The Federal approach to addressing SEC. 301. EFFECTIVE DATE. tions, including education, and health child abuse and neglect does not go far This Act, and the amendments made by systems to ensure that services and enough to help States prevent child this Act, take effect on October 1, 2002, or linkages are more effectively provided. abuse from happening and providing the date of the enactment of this Act, which- The bill also appropriately addresses treatment services for children and ever occurs later. a growing concern over parents being families once it has occurred. Only 12 The SPEAKER pro tempore. Pursu- falsely accused of child abuse and ne- percent of the Federal monies for child ant to the rule, the gentleman from glect and the aggressiveness of social abuse and neglect go toward prevention Michigan (Mr. HOEKSTRA) and the gen- workers in their child abuse investiga- and treatment. tleman from California (Mr. GEORGE tions. The bill increases public edu- This bill we are reauthorizing today MILLER) each will control 20 minutes. cation opportunities to strengthen the is extremely important because it is The Chair recognizes the gentleman public’s understanding of the child pro- the only Federal program specifically from Michigan (Mr. HOEKSTRA). tection system and appropriate report- aimed at the prevention and treatment GENERAL LEAVE ing of suspected incidents of child mal- of child abuse; and yet this program is Mr. HOEKSTRA. Mr. Speaker, I ask treatment. only appropriated half of the money of unanimous consent that all Members The act fosters cooperation between its authorized level. The legislation may have 5 legislative days within parents and child protective service also makes important changes by in- which to revise and extend their re- workers by requiring case workers to creasing collaboration between child marks and include extraneous material inform parents of the allegations made protective services and health agen- on H.R. 3839. against them, and improves the train- cies. The SPEAKER pro tempore. Is there ing opportunities and requirements for Children with disabilities are almost objection to the request of the gen- child protective services personnel re- four times more likely to be the vic- tleman from Michigan? garding the extent and limits of their tims of abuse and neglect, and children There was no objection. legal authority and the legal rights of in child welfare systems have a higher Mr. HOEKSTRA. Mr. Speaker, I yield parents and legal guardians. risk of health problems. Any serious myself such time as I may consume. Lastly, this bill expands adoption op- attempt to prevent and treat child Mr. Speaker, I am pleased that we portunities to allow services for infants abuse and neglect must include proce- are here today to consider H.R. 3839, and young children who are disabled or dures for linking abused children and the Keeping Children and Families born with life-threatening conditions. children at risk for abuse to the appro- Safe Act of 2002, which reauthorizes It requires the Secretary of Health and priate health and mental health serv- and improves the Child Abuse Preven- Human Services to conduct a study on ices. tion and Treatment Act, CAPTA, the the annual number of infants and The bill requires States report on Adoption Opportunities Program, the young children abandoned each year, their efforts to improve case-work Abandoned Infants Act, and the Family and extends the authorization for the training, supervision, and retention so Violence Prevention and Treatment Family Violence Prevention and Serv- children and families can be better Act. ices Act. served. I thank my colleagues on both sides I again thank my colleagues for their Mr. Speaker, this bill is a major step of the aisle for their hard work and ef- work on this bill and urge them to join forward in a heart-wrenching, but crit- forts in developing this bipartisan leg- me in support of this bipartisan effort ical, effort to stop child abuse and ne- islation in getting this measure here to improve the prevention and treat- glect and to better treat those children today for consideration before the ment of child abuse and family vio- who have fallen victim to it. Again, I whole House. I think it is timely that lence by supporting H.R. 3839. thank the gentleman from Michigan we are considering this bill today since Mr. Speaker, I reserve the balance of (Mr. HOEKSTRA), the gentleman from April is designated as Child Abuse Pre- my time. Indiana (Mr. ROEMER), and the gen- vention Month. Mr. GEORGE MILLER of California. tleman from Ohio (Mr. BOEHNER) for I thank the gentleman from Ohio Mr. Speaker, I yield myself 2 minutes. their efforts in bringing the bill to the (Chairman BOEHNER) for his support of Mr. Speaker, I rise in strong support floor. this bill and the gentleman from Penn- of this bill to reauthorize this rel- Mr. HOEKSTRA. Mr. Speaker, I re- sylvania (Mr. GREENWOOD) for his dili- atively small, but very important, pro- serve the balance of my time. gence in ensuring that infants born ad- gram, the Child Abuse Prevention and Mr. GEORGE MILLER of California. dicted to alcohol or drugs receive the Treatment Act. Mr. Speaker, I yield 3 minutes to the necessary services they need. This bill will help States do a better gentleman from Indiana (Mr. ROEMER). I also thank my colleagues on the job of preventing and treating child (Mr. ROEMER asked and was given other side of the aisle. I thank the gen- abuse and neglect. I thank the gen- permission to revise and extend his re- tleman from Indiana (Mr. ROEMER), the tleman from Michigan (Mr. HOEKSTRA), marks.) ranking member of the subcommittee, the chairman of the subcommittee, and Mr. ROEMER. Mr. Speaker, this is and the gentleman from California (Mr. the ranking member, the gentleman the people’s House, and this is the con- GEORGE MILLER), the ranking member from Indiana (Mr. ROEMER), and the summate bill put together by the peo- of the Committee on Education and the gentleman from Ohio (Mr. BOEHNER) ple, by the members of this committee. Workforce for their efforts in getting for their commitment to writing a bi- I thank the leaders of the Committee us to this point. partisan bill and all of their effort to on Education and the Workforce, the The Keeping Children and Families make sure that this legislation got to gentleman from Ohio (Mr. BOEHNER) Safe Act continues the provision of im- the floor and passed the House of Rep- and the gentleman from California (Mr. portant Federal resources for identi- resentatives. I thank the gentleman GEORGE MILLER), for their support to fying and addressing the issues of child from Pennsylvania (Mr. GREENWOOD) our subcommittee and their leadership. abuse and neglect and family violence for his expertise and commitment to I thank the gentleman from Michigan and for supporting effective methods of the prevention of child abuse. (Mr. HOEKSTRA) for his efforts to create prevention and treatment. Democrats were able to work with a bipartisan product to bring to the It also continues local projects with Republicans to make this a good bill floor. I thank the gentleman from Vir- demonstrated value in eliminating bar- for children. In 1999, there were more ginia (Mr. SCOTT) for his skills and ex- riers to permanent adoption and ad- than 800,000 substantiated cases of perience over the years working on dressing the circumstances that often child abuse and neglect; and over 1,137 these issues, and I thank the gen- lead to child abandonment. children died as a result of abuse and tleman from Pennsylvania (Mr. GREEN- Mr. Speaker, this legislation empha- neglect. Children who are abused and WOOD) for his work as a social worker sizes the prevention of child abuse and neglected are more likely to commit and the experience that he brought to neglect and family violence before it suicide, suffer from depression, commit this bill. occurs. It promotes partnerships be- crimes, fail in school, and have prob- Mr. Speaker, this bill is a bill about tween child protective services and pri- lems holding jobs. balance, it is about linkages, and it is

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00019 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.005 pfrm12 PsN: H23PT1 H1510 CONGRESSIONAL RECORD — HOUSE April 23, 2002 about the middle ground. It is a bill begun that same type of process, ex- Neglect found that 36 percent of the that breaks our hearts if we do not ad- pecting the same kind of result on re- substantiated cases of child maltreat- dress the problems. I was at a fund- authorization for the Corporation for ment, or about 300,000 children, caused raising dinner in Kosciusko County in National Service. So under the leader- disabilities in these children. And of Indiana a couple of years ago, and it ship of the gentleman from Indiana those children who have been seriously was a fund-raiser to raise money to (Mr. ROEMER) on the subcommittee, abused, 18,000 of those children received prevent child abuse. We heard the sto- working with the gentleman from Cali- permanent disabilities. ries of children locked in closets, burnt fornia (Mr. GEORGE MILLER), I think we Mr. Speaker, many studies have with cigarettes, defecated upon, have set a good tone for this sub- shown and documented that the earlier chained up and released months later. committee in tackling some tough the services are given, the more effec- These stories break my heart. The sto- issues. tive they are. Ensuring that these chil- ries here in D.C., about Brianna. She is Mr. ROEMER. Mr. Speaker, will the dren receive appropriate services as reunited with her parent and eventu- gentleman yield? early as possible will reduce the need ally killed weeks later. Mr. HOEKSTRA. I yield to the gen- for costly interventions later on. If we do not do something about tleman from Indiana. I am also pleased, Mr. Speaker, that these problems, they cost children Mr. ROEMER. Mr. Speaker, I would the committee accepted my amend- their lives. This is a very important, compliment the gentleman back, and ment to allow the Secretary to fund yet small, and significant bill; but very say our work on the libraries and mu- additional research focusing on the ef- important to the lives and the health seums bill went in a bipartisan fashion, fects of child abuse and neglect on a of children. another very significant piece of legis- child’s development. Additional re- This is about balance. It is about the lation to help urban and rural libraries search in this area is needed to better balance of trying to make sure that the and museums. This bill I hope will pass identify successful early intervention Briannas are not reunited with a par- today, and I look forward to the work services so that we can more appro- ent that will kill them; but also help- that we will do on Americorps in the priately serve abused and neglected ing our social workers who sometimes future. children with their developmental have 80 and 90 cases at a time. This is Mr. GEORGE MILLER of California. needs. about playing a critical role and plac- Mr. Speaker, I yield 3 minutes to the Mr. Speaker, I thank the leaders for ing resources into prevention and gentleman from Virginia (Mr. SCOTT), a crafting the bill. I urge my colleagues treatment of child abuse, that balance. member of the Committee on Edu- to support the legislation. This is about the balance of allowing cation and the Workforce. Mr. GEORGE MILLER of California. those in the field to continue to find Mr. SCOTT. Mr. Speaker, I thank the Mr. Speaker, I yield 2 minutes to the more effective ways to help prevent subcommittee chairman, the gen- gentlewoman from California (Mrs. child abuse, and also treat these chil- tleman from Michigan (Mr. HOEKSTRA); DAVIS), a member of the committee. dren and families. the ranking member, the gentleman Mrs. DAVIS of California. Mr. Speak- Finally, Mr. Speaker, it is about from Indiana (Mr. ROEMER); and the er, I rise today in support of H.R. 3839, linkages. I am glad to see linkages be- full committee chairman, the gen- the Keeping Children and Families tween the child protection services and tleman from Ohio (Mr. BOEHNER); and Safe Act. In particular I would like to the juvenile justice system so that the ranking member, the gentleman talk about an important provision in those two systems are working to- from California (Mr. GEORGE MILLER); this legislation that was added to the gether to prevent children from getting and the gentleman from Pennsylvania bill through the bipartisan efforts of into trouble in the first place, and (Mr. GREENWOOD) for their leadership my colleagues on the Committee on working with those that are already in in crafting this bipartisan bill. Education and the Workforce. H.R. 3839 the juvenile justice system to help I am especially appreciative of their includes language to encourage agen- them get the help they need to stay acceptance of several amendments that cies and organizations that receive out and get out of the juvenile justice I proposed to strengthen the bill’s CAPTA funds to provide materials and system. focus on developmental needs of abused services to families and children with We found good middle ground that and neglected children. In recent years, limited English proficiency in an ap- will allow for greater parental rights much focus has been placed on the propriate language other than in without putting children at risk. It al- brain damage and brain development of English. lows parents to be informed of their young people from age birth to 3. We This need for language-appropriate rights without making the job of the know that experiences that a child has materials and services was brought to social worker more difficult. during this period can be critical to the my attention by the committed social Finally, it is about middle ground. As foundation for their future develop- workers of Children’s Services in San I said, balance, linkages and middle ment. Research also suggests that Diego. One of the greatest frustrations ground. I am glad that we came to when a child’s early experiences are that they encounter is the lack of serv- agreement on the amendment of the negative, children may experience ices available for limited English pro- gentleman from Pennsylvania (Mr. emotional, behavioral, and learning ficiency families. In some instances GREENWOOD) to identify children that problems that can last through their this lack of language-appropriate serv- are born drug exposed and to get them lifetime without targeted early inter- ices is actually compromising how the help they deserve. This is a good bi- ventions. families comply with court orders. For partisan bill about that balance, about example, the court often orders per- that creativity, about those linkages, b 1815 petrators of domestic violence to at- and about that middle ground. I urge For a child that has been abused and tend education and counseling sessions its support. neglected, it is extremely important to as a condition of allowing their chil- Mr. HOEKSTRA. Mr. Speaker, I yield evaluate that child developmentally dren to return home. A Children’s myself 1 minute. and ensure that the appropriate serv- Services social worker is assigned to Mr. Speaker, I thank my colleague, ices are given. I am pleased that the the case to help the parents get into a the gentleman from Indiana (Mr. ROE- subcommittee accepted my amendment treatment program and to monitor the MER). Working together, we have really to have children who are under 3, who child. The average wait for admittance set a nice tone on the Subcommittee have been abused or neglected, to be re- into a Spanish language domestic vio- on Select Education, especially on this ferred to the statewide early interven- lence program is 6 to 8 months. Parents bill which in the past on occasion has tion system funded under part C of the have a year to complete that treat- been a rather controversial bill; but we Individuals with Disabilities Education ment but they may spend up to 8 were able to work through this bill and Act. Part C State agencies can evalu- months waiting to get in. In many in- pass something that has broad bipar- ate these children developmentally to stances the children are separated from tisan support. We have been able to do see if there are delays that would qual- their parents until treatment is com- that on libraries and museums; and ify those children for services. A 1993 pleted. This situation is keeping fami- over the last couple of months, we have study by the Office of Child Abuse and lies apart.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00020 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.034 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1511 Participating in an English treat- cases of terribly, terribly abused, bat- lies than having enough food to eat. ment program may fulfill the court’s tered, sexually abused and sometimes That is why I rise in strong support of requirement, but it does not benefit beaten-to-death children who could the Baca motion to adopt the Senate the parents if they do not speak have been saved if only we had inter- provisions that provide eligibility for English. As a diverse Nation, we must vened when we knew there was a prob- food stamps to lawfully present, hard- work harder to address the multi- lem, when we could see that this child working immigrant families and their lingual needs of our communities and was born to a dysfunctional family children. encourage the availability of services where substance abuse is the issue. Tragically, more than one in five in appropriate languages. Every Now we will be able to do that. low-income children belong to legal month, San Diego County’s Children I want to thank the gentleman from immigrant families. These families Services makes referrals in Spanish, in Michigan (Mr. HOEKSTRA), I want to work hard and pay taxes, taxes that Vietnamese, Arabic, Cambodian, Farsi thank the gentleman from California support the food stamp program. In and other languages. (Mr. GEORGE MILLER), I want to thank spite of their hard work, however, The language included in this bill be- the gentleman from Indiana (Mr. ROE- these families are often hit the hardest fore us today expresses the sense of MER), and all Republicans and Demo- in an economic downturn. Denying Congress that all agencies and organi- crats who have worked with me to get these families access to basic safety zations that receive CAPTA funds must this amendment in. I think if we get net programs runs counter to Congress’ recognize and meet the needs of these this all the way through the Senate goal in the Keeping Children and Fami- communities by providing appropriate and signed by the President, we will lies Safe Act. No child is safe when suf- materials and services. see a significant reduction in child fering from hunger. Mr. Speaker, I am very pleased that abuse and we will be glad for the effort. As the world’s wealthiest Nation, it we have added that language to the Mr. GEORGE MILLER of California. is inexcusable that such a high rate of bill. I want to thank my colleagues for Mr. Speaker, I yield myself such time hunger exists among low-income legal their invaluable help with this provi- as I may consume. permanent resident families living in sion. Mr. Speaker, this is a very important this country. We must not allow this Mr. HOEKSTRA. Mr. Speaker, I yield bill that we are debating here today. It tragic situation to continue. Congress 3 minutes to the gentleman from Penn- is important that it pass the House must follow the lead of the President sylvania (Mr. GREENWOOD). later this evening. and expand access to food stamps for Mr. GREENWOOD. I thank the gen- But we will be voting on another im- these hard-working, legal residents and tleman for yielding me this time. portant matter this evening, and that their children. Mr. Speaker, one of the important is the motion to instruct by our col- I urge my colleagues to support the changes that we made in this law as it league, the gentleman from California motion to instruct conferees which the came through the committee was some House will be voting on later this language that I worked out in a bipar- (Mr. BACA), to make sure that the agri- culture bill in fact includes a provision evening. tisan fashion that goes to an issue that Mr. GEORGE MILLER of California. to provide for food stamp eligibility for I think is perhaps the most critical Mr. Speaker, I yield myself such time legal immigrants with a significant area that needs treatment in the pre- as I may consume. vention of child abuse. Today, children work history, and the children of those I want to thank my colleague, Mr. are born all over this country to moth- immigrants. This is a very, very impor- Speaker, for the points that she made, ers who have substance abuse prob- tant measure. Some 1 million children because I think it is very important lems. Their mothers are alcoholic or who are citizens of immigrant parents that people understand this. It has be- their mothers are drug addicts. These have left the food stamp program since come very clear in the last few years, I babies are born in hospitals, they are we changed the law. Members of both think, to many Americans, even those frequently underweight, they are fre- parties now recognize that this was a who had doubts about immigration, of quently frail. Much money and effort is tragic mistake, that these children, the important contribution that immi- devoted to bringing them to health. while their parents work and work grants make to our economy. Certainly These children do not meet any defini- very hard and work very long hours, to the gentlewoman from California tion of child abuse, and probably they are twice as likely as other children (Ms. ROYBAL-ALLARD) and myself, it is should not, but what happens is they and families to be poor, and that their very clear that the California economy are sent home from hospitals every day jobs pay less than citizens of this coun- could not continue for 5 minutes if the in this country and it is only a matter try. It is very important that we pro- immigrants decided that they were not of time in so many instances until they vide them the means by which they can going to contribute their share of what return back to the hospital abused, provide the proper nutrition for these they do. It runs across entire segments bruised, beaten, and sometimes de- children so the children can take full of our economy, from Silicon Valley to ceased. That is because we have not de- advantage of the opportunities of edu- the Central Valley of California, to the veloped a system in this country to cation and learning and do not fall be- great areas of San Diego, Los Angeles, identify these children and intervene in hind in school. The history of this in so many industries, in so many their lives. country is replete with studies that areas of manufacturing, in so many The amendments that we put in this tell us how very important it is that areas of high tech, in movie produc- bill for the first time require the children have proper nutrition when tion, in the accommodations industry, States to set up programs so that when they go to school. in the tourism industry, these people these children are born to these ad- This was a mistake that the Congress make our economy go. Yet the Con- dicted families that there is interven- made. This is a chance to rectify this gress made a tragic mistake and denied tion, and the social workers can come situation. I believe the Bush adminis- them access to food stamps. They pay in and meet with the mother and estab- tration supports this effort, and we will taxes. They pay for these programs. lish a safe plan of care. If the child can be voting on this later this evening. It They also denied it to their children. go home safely, so be it. They will have is a matter that is very important to a This is an opportunity, it is in the visiting nurses and hopefully substance number of Members and our colleagues. Senate provision, and it is something abuse treatment and all of the rest. In Mr. Speaker, I yield 2 minutes to the that we would hope that the House those cases where the mother is refus- gentlewoman from California (Ms. ROY- would join in, agree to the Senate, and ing or unable or unwilling to get help BAL-ALLARD). send it to the President for his signa- to protect her child, to mother prop- Ms. ROYBAL-ALLARD. I thank the ture on the ag bill. erly, to parent properly, or where the gentleman for yielding me this time. I want to thank the gentlewoman for home situation is just too chaotic and Mr. Speaker, today we are consid- her points. too violent for the child to be safe, ering the Keeping Children and Fami- Mr. Speaker, I yield such time as she then there can be intervention and the lies Safe Act. I do not think there will may consume to the gentlewoman from child can be placed in foster care. be any disagreement that nothing is Illinois (Ms. SCHAKOWSKY). Over and over again, the newspapers more fundamental to the safety and se- Ms. SCHAKOWSKY. Mr. Speaker, I of our country are replete with these curity of America’s children and fami- am so happy to be on the floor of this

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00021 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.036 pfrm12 PsN: H23PT1 H1512 CONGRESSIONAL RECORD — HOUSE April 23, 2002 House today to stand in strong support have enough to eat in school. Very important motion that we will have an of H.R. 3839, the Keeping Children and often, those children, when we examine opportunity to vote on. It complements Families Safe Act, and to thank and their backgrounds, they are the chil- this legislation. commend the Committee on Education dren that become the targets of dis- What it says is that our children, and the Workforce, particularly the ciplinary actions because of their act- who are the children of this country, chairman and the ranking member and ing out in schools. And we can start to the children of these immigrants de- all those who have done so much now, see how this snowballs; and all of a serve the right to access to benefits and hopefully we will pass this tonight sudden, the child is caught up in a situ- and to food stamps. It says that we do and have it signed into law. It will ation where they are being character- not want our children to starve, that make such a difference in preventing ized, where they are being labeled over we do not want them to go to schools the suffering of children in our coun- something that they really have no trying to seek an education without try. control over and that is whether or not the opportunity to eat. It also recog- Today could be a real red letter day a family has sufficient nutritional re- nizes that this country has a message for that because it is not just that sources to provide the child the food that it respects work, respects those piece of legislation which I look for- that they need. individuals who work in hospitals and ward to supporting tonight, but we also Ms. SCHAKOWSKY. Mr. Speaker, re- restaurants and serve in the military. can support the Baca amendment claiming my time, I just want to say It respects them. As they come here to which would prevent the suffering of that in the same way that in a bipar- access legalization, we want to make children through hunger and their fam- tisan fashion the gentleman was able sure that we confirm the message of ilies from being hungry. There can be to craft the Keeping the Children and our country, that we have the oppor- no higher mission for this body than to Families Safe Act, we could do this in tunity for equal treatment and our im- prevent that kind of unnecessary suf- a bipartisan way. As the gentleman migrants can have that treatment by fering. had mentioned earlier, the Bush ad- supporting the motion of the gen- All we are going to be considering to- ministration does support this effort to tleman from California (Mr. BACA). night is a motion to instruct the con- restore food stamps to legal immigrant Let me say I add my enthusiastic ferees on the farm bill. This is in line, families. So I think tonight we ought support to the legislation on the floor really, with the Keeping Children and to do both things: protect children at this time. Families Safe Act. We are going to be from physical abuse and the kind of Mr. HOEKSTRA. Mr. Speaker, I yield able to restore food stamps to legal im- abuse that results from hunger. myself such time as I may consume. migrants, people who have been in this Mr. GEORGE MILLER of California. I would like to again thank my col- country for at least 5 years, who have Mr. Speaker, I thank the gentlewoman leagues on the other side of the aisle, worked here for 16 quarters. About 85 for her contribution. especially for the last few minutes of percent of immigrant families are Mr. Speaker, I yield such time as she creative debate where not only could mixed families, with stepchildren and may consume to the gentlewoman from we talk about the Keeping Children immigrant parents. This benefit that Texas (Ms. JACKSON-LEE). and Families Safe Act of 2002, but also goes to the citizen children often has The SPEAKER pro tempore (Mr. LIN- to be informed on the Baca Motion to to be spread through the whole family, DER). The time of the gentleman from Instruct tonight. leaving the family not having enough California (Mr. GEORGE MILLER) has ex- But I am glad that we have been able food to eat. pired. The gentleman has consumed 20 to do that in a bipartisan way, as we So while we protect children through minutes. have also been able to move this bill the Keeping Children and Families Mr. HOEKSTRA. Mr. Speaker, I yield forward in a bipartisan way. Safe Act, let us also do it by instruct- 2 minutes to the gentlewoman from Mr. Speaker, I urge my colleagues to ing the conferees to say let us restore Texas (Ms. JACKSON-LEE). vote in support of H.R. 3839. that benefit so we do not have hungry Ms. JACKSON-LEE of Texas. Mr. Mrs. CHRISTENSEN. Mr. Speaker, I rise in families and hungry children who go to Speaker, I thank the gentleman for strong support of H.R. 3839, Keeping Children school. yielding me this time. and Families Safe Act of 2002 and urge my Mr. GEORGE MILLER of California. Let me congratulate the chairman colleagues to support its adoption. H.R. 3839 Mr. Speaker, will the gentlewoman and ranking member and the sponsor of is aimed at preventing child abuse and family yield? this legislation, the Child Abuse Pre- violence and protecting and treating abused Ms. SCHAKOWSKY. I yield to the vention and Treatment Act. These are and neglected children and victims of family gentleman from California. two issues that I think are very impor- violence. Mr. GEORGE MILLER of California. tant, and the whole issue of improving Sadly, even a place with the natural beauty Mr. Speaker, I just want to say to the the quality and the access to adoption of my district, the U.S. Virgin Islands, is gentlewoman that I think she is quite for our children. I want to thank the plagued with the curse of child abuse and correct in drawing the connection be- gentleman from California (Mr. family violence. At a hearing of the Virgin Is- tween the Keeping Children and Fami- GEORGE MILLER) and of course the land Legislature’s Youth and Human Service lies Safe Act, and prevention of abuse chairman, but as well the issue of Committee earlier this year, my friend and di- there, and recognizing that in fact it is abandoned children is a very important rector of the St. Thomas based child advocacy abusive to send children throughout one. I worked on it in Texas. This is an organization Kidscope Inc., Dilsa Capdeville, their daily activities without proper important legislative initiative that admonished her fellow Virgin Islanders to first nutrition, without sufficient food to has bipartisan support, and I thank my recognize that everyone, not just those who support them. colleagues very much for allowing me work in the various child-help agencies, must to comment on something that we respond to the plight of our children. We must, 1830 b worked a lot on in Texas. ‘‘open our doors, our minds and our hearts; We know then that those are, in As my colleagues know, I care about everyone must do his or her part,’’ she said. many instances, the very same chil- children, as all of us do. So I would like I want to take this opportunity to commend dren who act out in school, and then to add that in addition to my enthusi- Dilsa, Clema Lewis, co-director of the Wom- they act out in school and then they astic support for this legislation, the en’s Coalition, Michael Rymer, executive di- get in trouble at home; and all of a sud- Child Abuse Prevention and Treatment rector of the Family Resources Center, Elise den a family that is already under Act and Adoption Opportunities Act, I Chinnery, who heads the Adolescent Health stress because of income, because of a want to also mention my support for Services Division of the Health Department lack of food, perhaps maybe the child is the Baca Motion to Instruct, which is and Dr. Iris Kern of the Safety Zone for the mistreated in an improper way, and to realize that many legal immigrants, work they do in the Virgin Islands helping chil- now we are dealing with a child back legal residents are awaiting citizen- dren and victims of domestic violence and into the child abuse system. ship, and they contribute tremendously sexual abuse. Again, we have studies of how chil- to the success and growth of this coun- My colleagues, regrettably family violence dren behave when they have enough to try. They pay taxes, their children join continues to be the most common yet least re- eat in school and when they do not the military. So this is an extremely ported crime in our Nation. Approximately, 95

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00022 Fmt 4634 Sfmt 9920 E:\CR\FM\K23AP7.039 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1513 percent of family violence victims are women The Keeping Children and Families Safe Act sources to this great champion; Her voice can and it is estimated that every 11 seconds a reauthorizes the Child Abuse Prevention and now be heard louder and clearer than ever. woman is battered in the United States. It is Treatment Act, Adoption Opportunities Pro- Mr. Speaker, child abuse and family vio- also estimated that 70 percent of men who gram and the Abandoned Infants Assistance lence are all too common. It is time to remedy abuse their wives also abuse their children Program through fiscal year 2007, as well as this horrific evil that plagues our society. While and children from abusive homes are at great- certain programs under the Family Violence the deep roots of family violence are not easily er risk of alcohol or drug abuse, juvenile delin- Prevention and Services Act. I am particularly unearthed, I believe this legislation before us quency and depression and suicide. pleased to see an increase in funding for the will provide some of the necessary tools to The bill we are debating today attempts to Child Abuse Prevention and Treatment Act. A help prevent further instances of abuse and reverse these trends by more than doubling majority of the funding, $120 million, will be help those who are already victims. Therefore, the amount of funds provided for community- used for formula grants to improve child pro- I urge my colleagues to vote in favor of the based grants for family support programs for tection services such as professional training, Keeping Children and Families Safe Act. the prevention of child abuse and neglect for abuse prevention, and treatment, case man- Mr. HOLT. Mr. Speaker, I rise today to sup- fiscal year 2003. agement, and investigation and prosecution. In port H.R. 3839 the Keeping Children And I urge my colleagues to support passage of addition, it provides for $80 million for commu- Families Safe Act. There are approximately this important bill, which will protect the most nity-based family resource and support grants. three million reports of child abuse every year. vulnerable members of our communities, our Child abuse is a serious public health prob- Of this number, 1 million are substantiated. It children and abused women. lem. In 1999, the Department of Health and is estimated that children with disabilities are Mr. DELAY. Mr. Speaker, I rise in support of Human Services reported that Child Preven- almost four times more likely to be victims of H.R. 3839, the Keeping Children and Families tion Services (CPS) agencies received over abuse and neglect than children without dis- Safe Act of 2002. I am very pleased that we 2.9 million reports of suspected child abuse abilities. A 1993 study by the Office of Child were able to bring this bill to the floor during and neglect. Ultimately, 826,000 children were Abuse and Neglect found that 36 percent of April, a month dedicated to commemorate found to be victims of abuse and neglect after the substantiated cases of child maltreatment, Child Abuse and Neglect Prevention. investigation. That means that out of every or about 300,000 children, caused disabilities The bill before us today is aimed at identi- 1,000 children, 12 are abused. Even more in those children. fying and preventing child maltreatment. One alarming are some surveys that indicate that But the problems of child abuse and neglect critical provision offered in committee by Mr. as many as 49 out of 1,000 children may be are even more serious then these statistics GREENWOOD is particularly important. This pro- physically abused, and child abuse is on the may suggest. A 1995 Gallup poll of parents, vision would require States to develop policies rise. The National Incidents Studies found that reports of physical abuses were about 16 and procedures to inform State child protective since 1988, all forms of abuse and neglect— times higher than the number or reports offi- workers when an infant is born addicted to sexual, physical, and emotional—have risen at cially recorded, and reports of sexual abuse drugs. least 42 percent, while some individual types were some 10 times higher than the officially There is a strong link between substance of neglect have risen over 300 percent. reported number. Unfortunately, less than half abuse and child abuse. An estimated 40 per- Unfortunately, funding for neither the of the children who are abused or neglected cent of confirmed cases of child maltreatment CAPTA nor the CPS agencies has kept pace receive any services at all. involve parental drug use. When parents with the scope of the problem. For the past 10 The bill before us today is intended to ad- abuse drugs there is a three-fold increase in years, the Child Abuse Prevention and treat- dress these gaps in service. The bill requires the likelihood that their child will be abused or ment Act has been funded at low levels rep- State child welfare agencies to develop poli- neglected. resenting only half of its authorized levels. Ad- cies involving abused or neglected children so Nothing is more tragic than the sight of a ditionally, the National Child Abuse Coalition that they can be referred to the statewide child born exposed to drugs going through estimates that current spending in federal, early intervention system funded under part C withdrawal. Their pain is clear. These babies state, and local dollars for child protective of the Individuals with Disabilities Education cry without stopping. They can’t be comforted. services falls short by about $2.56 billion of Act. This will ensure that abused children will They are startled by light and touch. the estimated $5.215 billion total cost, which in get the early intervention they need, such as This is particularly heartbreaking because turn puts our children in a position for abuse services to help them learn, grow, and thus these children are almost always placed into and neglect. enter school ready to learn. neonatal intensive care units where the lights The Child Abuse Prevention and Treatment The bill also improves the way society pro- are never turned off and the noise level is al- Act should be the core source of funding for vides healthcare to abused and neglected chil- ways high. Babies born addicted to drugs child protective services; but it is not. Last dren. Children in the child welfare system are often arrive prematurely with subtle brain dam- year, CAPTA programs received only $48 mil- at higher risk for health problems than other age. These babies fail to thrive and struggle to lion for state grants and $33 million for pre- children. Because child abuse often causes gain weight because they often have feeding vention grants. I am encouraged by both this disabilities appropriate health and develop- problems. year’s authorization for CAPTA and by the re- mental evaluations and treatment are vitally When child protection workers aren’t told authorization levels put forth by the Keeping important. A 1995 GAO study concluded that that a baby was born addicted to drugs, that Children and Families Safe Act. The author- barriers prevent many children in the welfare baby is in serious danger. In far too many ization for FY03 for CAPTA is increased to system from receiving adequate health care. cases, addicted babies go home to die. In the $100 million for state grants and $66 million H.R. 3839 takes steps to help states address District of Columbia alone, 11 newborns died for prevention. I applaud the Members of the this problem and improve services for victims from 1993 through 2000 after hospitals sent House Committee on Education for recog- of child abuse and neglect. Among other them home to drug addicted parents without nizing the need for increases for these impor- things, H.R. 3839 promotes links between monitoring or services. tant programs and allowing H.R. 3839 to come child protection and health care agencies, in- The bill we will pass today sends a clear before us. By dramatically increasing the fund- cluding mental health, agencies. message to the States: Drug addicted ing levels for the CAPTA, the Keeping Chil- Our Nation’s current system of protecting newborns must be protected. My home State dren and Families Safe Act demonstrates our children is heavily weighted toward protecting of Texas, and 26 other States, require medical commitment and willingness here in Congress children who have been so seriously mal- personnel to report the birth of drug exposed to help protect our children. treated they are no longer safe at home and babies to authorities. Mr. Speaker, I would also like to recognize must be placed in foster care or adoptive But there is still a troubling lack of attention a dear friend of mine, Eva Bunelle, who like homes. These are children whose safety is in to the laws that are currently in place and the many other people abused as children, has danger and they demand our immediate atten- babies they are designed to protect. This leg- only recently come forward. She is a daunt- tion. Unfortunately, far less attention is di- islation is a good start. But much more needs less defender and advocate for children. In re- rected at preventing harm to these children to be done. vealing her experience and compelling story, from happening in the first place, or providing Mr. LARSON of Connecticut. Mr. Speaker, I she seeks no remedy for herself, but only for the appropriate services and treatment needed rise today in strong support of the Keeping those children she hopes can be spared from by families and children victimized by abuse or Children and Families Safe Act, H.R. 3839. It the horrors that she persevered through. I neglect. The changes made in H.R. 3839, will is my hope that this legislation will enhance commend Eva Bunelle for her courage and help improve the Child Protective Services current abuse programs and serve as a pivotal strength, and I thank the National Child Abuse (CPS) system nationwide. Through the Child step in preventing and treating family violence. Coalition for lending their support and re- Abuse Prevention and Treatment Act basic

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00023 Fmt 4634 Sfmt 9920 E:\CR\FM\A23AP7.013 pfrm12 PsN: H23PT1 H1514 CONGRESSIONAL RECORD — HOUSE April 23, 2002 State grant program, we would take an impor- Herger McHugh Saxton b 1858 Hill McInnis Schakowsky tant step forward providing support for the Hilleary McIntyre Schiff Mr. TANCREDO changed his vote CPS system infrastructure and to begin to rec- Hilliard McKeon Schrock from ‘‘yea’’ to ‘‘nay.’’ tify the imbalance in society’s response to the Hinojosa McKinney Scott Messrs. DEUTSCH, COBLE, AKIN, abuse and neglect of children. Mr. Speaker, Hobson McNulty Sensenbrenner Hoeffel Meehan Serrano FRELINGHUYSEN, and GRAHAM this is a good bill and I urge my colleagues to Hoekstra Meek (FL) Sessions changed their vote from ‘‘nay’’ to support it. Holden Meeks (NY) Shadegg ‘‘yea.’’ Shaw Mr. HOEKSTRA. Mr. Speaker, having Holt Menendez So (two-thirds having voted in favor no further requests for time, I yield Honda Mica Shays Hooley Millender- Sherman thereof) the rules were suspended and back the balance of my time. Horn McDonald Sherwood the bill, as amended, was passed. The SPEAKER pro tempore. The Hostettler Miller, Dan Shimkus The result of the vote was announced question is on the motion offered by Hoyer Miller, Gary Shows Hulshof Miller, George Shuster as above recorded. the gentleman from Michigan (Mr. Hunter Miller, Jeff Simmons A motion to reconsider was laid on HOEKSTRA) that the House suspend the Hyde Mink Simpson the table. rules and pass the bill, H.R. 3839, as Inslee Mollohan Skeen Skelton amended. Isakson Moore f Israel Moran (KS) Slaughter The question was taken. Issa Moran (VA) Smith (MI) ANNOUNCEMENT BY THE SPEAKER The SPEAKER pro tempore. In the Istook Morella Smith (NJ) Smith (TX) PRO TEMPORE opinion of the Chair, two-thirds of Jackson (IL) Murtha Jackson-Lee Myrick Snyder The SPEAKER pro tempore (Mr. LIN- those present have voted in the affirm- Solis (TX) Nadler DER). Pursuant to clause 8 of rule XX, ative. Souder Jefferson Napolitano the Chair will reduce to 5 minutes the Jenkins Neal Spratt Mr. GEORGE MILLER of California. Stark minimum time for electronic voting on Mr. Speaker, on that I demand the yeas John Nethercutt Johnson (CT) Ney Stearns each additional question on which the Stenholm and nays. Johnson (IL) Northup Chair has postponed further pro- The yeas and nays were ordered. Johnson, E. B. Norwood Strickland Johnson, Sam Nussle Stump ceedings. The SPEAKER pro tempore. This 15- Stupak Jones (NC) Oberstar f minute vote on the motion to suspend Jones (OH) Obey Sullivan the rules will be followed by two 5- Kanjorski Olver Sununu Sweeney MOTION TO INSTRUCT CONFEREES minute votes on the motions to in- Kaptur Ortiz Keller Osborne Tanner ON H.R. 2646, FARM SECURITY struct conferees that were debated on Kelly Ose Tauscher ACT OF 2001 OFFERED BY MR. Thursday last. Kennedy (MN) Otter Tauzin Taylor (MS) DOOLEY OF CALIFORNIA The vote was taken by electronic de- Kennedy (RI) Owens Kerns Oxley Taylor (NC) The SPEAKER pro tempore. The un- vice, and there were—yeas 411, nays 5, Terry Kildee Pallone finished business is the question of not voting 18, as follows: Kind (WI) Pascrell Thomas Thompson (CA) agreeing to the motion to instruct on [Roll No. 104] King (NY) Pastor Kingston Payne Thompson (MS) H.R. 2646, on which the yeas and nays YEAS—411 Kirk Pelosi Thornberry were ordered. Kleczka Pence Thune Abercrombie Cannon Edwards Thurman The Clerk will designate the motion. Ackerman Cantor Ehlers Knollenberg Peterson (MN) Kolbe Peterson (PA) Tiahrt The Clerk designated the motion. Aderholt Capito Ehrlich Tiberi Akin Capps Emerson Kucinich Petri The SPEAKER pro tempore. The LaFalce Phelps Tierney Allen Capuano Engel Toomey question is on the motion to instruct Andrews Cardin English LaHood Pickering Lampson Pitts Towns offered by the gentleman from Cali- Armey Carson (IN) Eshoo Turner Baca Carson (OK) Etheridge Langevin Platts fornia (Mr. DOOLEY). Lantos Pombo Udall (CO) Bachus Castle Evans Udall (NM) This will be a 5-minute vote. Baird Chabot Everett Larsen (WA) Pomeroy The vote was taken by electronic de- Larson (CT) Portman Upton Baker Chambliss Farr Velazquez vice, and there were—yeas 273, nays Baldacci Clay Fattah Latham Price (NC) Leach Putnam Visclosky 143, not voting 18, as follows: Baldwin Clayton Ferguson Vitter Ballenger Clement Filner Lee Quinn [Roll No. 105] Lewis (CA) Rahall Walden Barcia Clyburn Fletcher Walsh Barr Coble Foley Lewis (GA) Ramstad YEAS—273 Lewis (KY) Rangel Wamp Barrett Collins Forbes Waters Abercrombie Carson (OK) Flake Bartlett Combest Ford Linder Regula Akin Castle Ford Lipinski Rehberg Watkins (OK) Barton Conyers Fossella Watson (CA) Allen Clay Frank Bass Cooksey Frank LoBiondo Reyes Baca Clayton Frost Lofgren Reynolds Watt (NC) Becerra Costello Frelinghuysen Watts (OK) Baird Clement Gallegly Bentsen Cox Frost Lowey Rivers Baldacci Clyburn Gekas Lucas (KY) Roemer Waxman Bereuter Coyne Gallegly Weiner Baldwin Collins Gillmor Berkley Cramer Gekas Lucas (OK) Rogers (KY) Barcia Conyers Gonzalez Luther Rogers (MI) Weldon (FL) Berman Crenshaw Gephardt Weldon (PA) Barrett Costello Gordon Berry Crowley Gibbons Lynch Ros-Lehtinen Bass Coyne Graves Maloney (CT) Ross Weller Biggert Cubin Gillmor Wexler Becerra Cramer Green (WI) Bilirakis Culberson Gilman Maloney (NY) Rothman Bentsen Cubin Greenwood Manzullo Roukema Whitfield Bishop Cummings Gonzalez Wicker Bereuter Cummings Hall (OH) Blumenauer Cunningham Goode Markey Roybal-Allard Berman Davis (CA) Hall (TX) Mascara Royce Wilson (NM) Blunt Davis (CA) Goodlatte Wilson (SC) Berry Davis (FL) Hansen Boehlert Davis (FL) Gordon Matheson Rush Biggert Davis (IL) Harman Matsui Ryan (WI) Wolf Boehner Davis (IL) Goss Woolsey Bishop DeFazio Hastings (FL) Bonilla Davis, Jo Ann Graham McCarthy (MO) Ryun (KS) Blumenauer Delahunt Hefley McCarthy (NY) Sabo Wu Bono Davis, Tom Granger Wynn Boehlert DeLauro Herger Boozman Deal Graves McCollum Sanchez Bono DeMint Hill McCrery Sanders Young (AK) Borski DeFazio Green (TX) Young (FL) Boozman Dicks Hilleary Boswell Delahunt Green (WI) McDermott Sandlin Borski Dingell Hilliard Boucher DeLauro Greenwood McGovern Sawyer Boswell Doggett Hinojosa Boyd DeLay Grucci Boucher Dooley Hobson Brady (PA) DeMint Gutierrez NAYS—5 Boyd Doyle Hoeffel Brady (TX) Deutsch Gutknecht Flake Rohrabacher Tancredo Brady (PA) Edwards Holden Brown (FL) Diaz-Balart Hall (OH) Paul Schaffer Brady (TX) Ehlers Holt Brown (OH) Dicks Hall (TX) Brown (FL) Ehrlich Honda Brown (SC) Dingell Hansen NOT VOTING—18 Brown (OH) Emerson Hooley Bryant Doggett Harman Brown (SC) English Horn Burr Dooley Hart Blagojevich Gilchrest Pryce (OH) Callahan Eshoo Hostettler Burton Doolittle Hastings (FL) Bonior Hinchey Radanovich Camp Etheridge Hoyer Buyer Doyle Hastings (WA) Condit Houghton Riley Capps Evans Hulshof Callahan Dreier Hayes Crane Kilpatrick Rodriguez Capuano Farr Inslee Calvert Duncan Hayworth DeGette LaTourette Smith (WA) Cardin Fattah Isakson Camp Dunn Hefley Ganske Levin Traficant Carson (IN) Filner Israel

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00024 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.016 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1515 Issa Mink Shays Skeen Tauzin Wicker Hinojosa Matheson Rush Istook Mollohan Sherman Smith (NJ) Taylor (NC) Wilson (SC) Hoeffel Matsui Sabo Jackson (IL) Moran (KS) Sherwood Smith (TX) Thomas Wolf Holden McCarthy (MO) Sanchez Jackson-Lee Moran (VA) Shimkus Souder Vitter Wu Holt McCarthy (NY) Sanders (TX) Morella Shows Stearns Watts (OK) Young (AK) Honda McCollum Sandlin Jefferson Murtha Simmons Sullivan Weldon (FL) Young (FL) Hooley McDermott Sawyer John Nadler Simpson Tancredo Wexler Horn McGovern Schakowsky Johnson (CT) Napolitano Skelton Hoyer McHugh Schiff Johnson (IL) Neal Slaughter NOT VOTING—18 Hulshof McKinney Scott Johnson, E. B. Nethercutt Smith (MI) Blagojevich Gilchrest Pryce (OH) Inslee McNulty Serrano Jones (OH) Ney Snyder Bonior Hinchey Radanovich Israel Meehan Shaw Kanjorski Nussle Solis Condit Houghton Riley Jackson (IL) Meek (FL) Shays Kaptur Oberstar Spratt Crane Kilpatrick Rodriguez Jackson-Lee Menendez Sherman Kennedy (MN) Obey Stark DeGette LaTourette Smith (WA) (TX) Millender- Sherwood Kildee Olver Stenholm Ganske Moore Traficant Jefferson McDonald Simmons Kind (WI) Osborne Strickland John Miller, George Skeen Kleczka Ose Stump b 1907 Johnson (CT) Mink Skelton Kolbe Otter Stupak Johnson (IL) Mollohan Slaughter Kucinich Owens Sununu Mr. ORTIZ changed his vote from Johnson, E. B. Moore Smith (NJ) LaFalce Oxley Sweeney ‘‘yea’’ to ‘‘nay.’’ Jones (OH) Moran (KS) Snyder LaHood Pastor Tanner Kanjorski Moran (VA) Solis Lampson Paul Tauscher So the motion to instruct was agreed Kaptur Morella Souder Langevin Payne Taylor (MS) to. Kelly Murtha Stark Lantos Pelosi Terry The result of the vote was announced Kennedy (RI) Nadler Stenholm Larsen (WA) Peterson (MN) Thompson (CA) as above recorded. Kildee Napolitano Strickland Larson (CT) Peterson (PA) Thompson (MS) Kind (WI) Neal Stupak Latham Petri Thornberry A motion to reconsider was laid on King (NY) Oberstar Sweeney Leach Phelps Thune the table. Kirk Obey Tanner Lee Pickering Thurman Stated for: Kleczka Olver Tauscher Levin Platts Tiahrt Kolbe Ortiz Thompson (CA) Lewis (GA) Pomeroy Tiberi Mr. HINCHEY. Mr. Speaker, I was Kucinich Osborne Thompson (MS) Lofgren Portman Tierney unavoidably detained en route to the LaFalce Ose Thune Lowey Price (NC) Toomey Capitol this afternoon. I would like the Lampson Owens Thurman Towns Tiahrt Luther Quinn RECORD to reflect that had I arrived Langevin Pallone Lynch Rahall Turner Lantos Pascrell Tierney Maloney (CT) Ramstad Udall (CO) here in a more timely fashion and had Larsen (WA) Pastor Towns Maloney (NY) Rangel Udall (NM) an opportunity to vote on the motion Larson (CT) Payne Turner Manzullo Regula Upton to instruct conferees with regard to the Latham Pelosi Udall (CO) Markey Rehberg Velazquez Leach Peterson (MN) Udall (NM) Mascara Rivers Visclosky Cuba issue, I would have voted ‘‘yea.’’ Lee Phelps Velazquez Matheson Roemer Walden Levin Pomeroy Visclosky Matsui Ross Walsh f Lewis (CA) Price (NC) Walsh McCarthy (MO) Roybal-Allard Wamp Lewis (GA) Quinn Waters McCarthy (NY) Rush Waters MOTION TO INSTRUCT CONFEREES Lipinski Rahall Watson (CA) McCollum Ryan (WI) Watkins (OK) ON H.R. 2646, FARM SECURITY LoBiondo Ramstad Watt (NC) McDermott Ryun (KS) Watson (CA) ACT OF 2001, OFFERED BY MR. Lofgren Rangel Waxman McGovern Sabo Watt (NC) Lowey Reyes Weiner McHugh Sanchez Waxman BACA Luther Rivers Weller McIntyre Sanders Weiner The SPEAKER pro tempore (Mr. LIN- Lynch Roemer Wexler McKinney Sandlin Weldon (PA) Maloney (CT) Ros-Lehtinen Wilson (NM) McNulty Sawyer Weller DER). The unfinished business is the Maloney (NY) Ross Woolsey Meehan Schakowsky Whitfield question of agreeing to the motion to Markey Rothman Wu Meeks (NY) Schiff Wilson (NM) instruct on H.R. 2646 on which the yeas Mascara Roybal-Allard Wynn Millender- Scott Woolsey and nays were ordered. McDonald Sensenbrenner Wynn NAYS—171 Miller, George Serrano The Clerk will designate the motion. The Clerk designated the motion. Aderholt Doolittle Kingston NAYS—143 Akin Duncan Knollenberg The SPEAKER pro tempore. The Armey Dunn LaHood Ackerman Duncan Lewis (KY) question is on the motion to instruct Bachus Ehrlich Lewis (KY) Aderholt Dunn Linder offered by the gentleman from Cali- Baker English Linder Andrews Engel Lipinski Ballenger Everett Lucas (KY) Armey Everett LoBiondo fornia (Mr. BACA). Barr Flake Lucas (OK) Bachus Ferguson Lucas (KY) This will be a 5-minute vote. Bartlett Fletcher Manzullo Baker Fletcher Lucas (OK) The vote was taken by electronic de- Barton Forbes McCrery Ballenger Foley McCrery vice, and there were—yeas 244, nays Bass Fossella McInnis Barr Forbes McInnis Bereuter Frelinghuysen McIntyre Bartlett Fossella McKeon 171, not voting 19, as follows: Bilirakis Gallegly McKeon Barton Frelinghuysen Meek (FL) [Roll No. 106] Blunt Gibbons Mica Berkley Gephardt Menendez Boehner Goode Miller, Dan Bilirakis Gibbons Mica YEAS—244 Bonilla Goodlatte Miller, Gary Blunt Gilman Miller, Dan Abercrombie Cardin Ehlers Boozman Goss Miller, Jeff Boehner Goode Miller, Gary Ackerman Carson (IN) Engel Brady (TX) Graham Myrick Bonilla Goodlatte Miller, Jeff Allen Carson (OK) Eshoo Brown (SC) Granger Nethercutt Bryant Goss Myrick Andrews Castle Etheridge Bryant Graves Ney Burr Graham Northup Baca Clay Evans Burr Green (WI) Northup Burton Granger Norwood Baird Clayton Farr Burton Greenwood Norwood Buyer Green (TX) Ortiz Baldacci Clement Fattah Buyer Gutknecht Nussle Calvert Grucci Pallone Baldwin Clyburn Ferguson Callahan Hansen Otter Cannon Gutierrez Pascrell Barcia Conyers Filner Calvert Hart Oxley Cantor Gutknecht Pence Barrett Costello Foley Camp Hastings (WA) Paul Capito Hart Pitts Becerra Coyne Ford Cannon Hayes Pence Chabot Hastings (WA) Pombo Bentsen Crowley Frank Cantor Hayworth Peterson (PA) Chambliss Hayes Putnam Berkley Cummings Frost Capito Hefley Petri Coble Hayworth Reyes Berman Davis (CA) Gekas Chabot Herger Pickering Combest Hoekstra Reynolds Berry Davis (FL) Gephardt Chambliss Hilleary Pitts Cooksey Hunter Rogers (KY) Biggert Davis (IL) Gillmor Coble Hobson Platts Cox Hyde Rogers (MI) Bishop Davis, Tom Gilman Collins Hoekstra Pombo Crenshaw Jenkins Rohrabacher Blumenauer DeFazio Gonzalez Combest Hostettler Portman Crowley Johnson, Sam Ros-Lehtinen Boehlert Delahunt Gordon Cooksey Hunter Putnam Culberson Jones (NC) Rothman Bono DeLauro Green (TX) Cox Hyde Regula Cunningham Keller Roukema Borski Deutsch Grucci Cramer Isakson Rehberg Davis, Jo Ann Kelly Royce Boswell Diaz-Balart Gutierrez Crenshaw Issa Reynolds Davis, Tom Kennedy (RI) Saxton Boucher Dicks Hall (OH) Cubin Istook Rogers (KY) Deal Kerns Schaffer Boyd Dingell Hall (TX) Culberson Jenkins Rogers (MI) DeLay King (NY) Schrock Brady (PA) Doggett Harman Cunningham Johnson, Sam Rohrabacher Deutsch Kingston Sessions Brown (FL) Dooley Hastings (FL) Davis, Jo Ann Jones (NC) Roukema Diaz-Balart Kirk Shadegg Brown (OH) Doyle Hill Deal Keller Royce Doolittle Knollenberg Shaw Capps Dreier Hilliard DeLay Kennedy (MN) Ryan (WI) Dreier Lewis (CA) Shuster Capuano Edwards Hinchey DeMint Kerns Ryun (KS)

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00025 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.017 pfrm12 PsN: H23PT1 H1516 CONGRESSIONAL RECORD — HOUSE April 23, 2002 Saxton Stump Vitter PERSONAL EXPLANATION vided to the United States Capitol Police and Schaffer Sullivan Walden the entire Congressional community in re- Schrock Sununu Wamp Mr. GRUCCI. Mr. Speaker, I would sponse to the terrorist and anthrax attacks Sensenbrenner Tancredo Watkins (OK) like to officially state for the record of September and October 2001. Sessions Tauzin Watts (OK) that I incorrectly recorded my vote on Shadegg Taylor (MS) Weldon (FL) The SPEAKER pro tempore. Pursu- Shimkus Taylor (NC) Weldon (PA) rollcall No. 100 on Thursday, April 18, ant to the rule, the gentleman from Shows Terry Whitfield 2002, as a ‘‘no’’ vote. I intended to vote Ohio (Mr. NEY) and the gentleman from Shuster Thomas Wicker ‘‘yea’’ in favor of the motion to in- Simpson Thornberry Wilson (SC) Maryland (Mr. HOYER) each will con- Smith (MI) Tiberi Wolf struct conferees on the Farm Security trol 20 minutes. Smith (TX) Toomey Young (AK) Act, H.R. 2646. The Chair recognizes the gentleman Stearns Upton Young (FL) f from Ohio (Mr. NEY). NOT VOTING—19 Mr. NEY. Mr. Speaker, I yield myself ANNOUNCEMENT BY THE SPEAKER Blagojevich Gilchrest Riley such time as I may consume. PRO TEMPORE Bonior Houghton Rodriguez This is an important House concur- Condit Kilpatrick Smith (WA) Crane LaTourette Spratt The SPEAKER pro tempore. Pursu- rent resolution. It is number 378. It DeGette Meeks (NY) Traficant ant to the provisions of clause 8 of rule commends the District of Columbia Emerson Pryce (OH) XX, the Chair announces that he will National Guard, the National Guard Ganske Radanovich postpone further proceedings today on Bureau, and the Department of Defense the further motion to suspend the rules b 1916 for the assistance provided to the on which a recorded vote or the yeas United States Capitol Police and the Mr. FOSSELLA and Mr. MCINTYRE and nays are ordered or on which the entire congressional community in re- changed their votes from ‘‘yea’’ to vote is objected to under clause 6 of sponse to the terrorist and anthrax at- ‘‘nay.’’ rule XX. tacks of September and October of 2001. So the motion to instruct was agreed Such record vote, if postponed, will As a result of the attacks, the Cap- to. be taken tomorrow. itol Police implemented additional se- The result of the vote was announced f curity measures and began working as above recorded. lengthy hours, which continue to this A motion to reconsider was laid on COMMENDING DISTRICT OF CO- day. With the assistance of the Na- the table. LUMBIA NATIONAL GUARD, THE tional Guard, the Capitol Police were NATIONAL GUARD BUREAU AND PERSONAL EXPLANATION relieved from the necessity of working ENTIRE DEPARTMENT OF DE- even longer hours and, therefore, Ms. KILPATRICK. Mr. Speaker, today I was FENSE FOR ASSISTANCE PRO- helped to lessen the sacrifices that unavoidably detained. Had I been present, I VIDED IN RESPONSE TO TER- needed to be made by our hard-working would have voted ‘‘yea’’ on rollcall No. 104, RORIST AND ANTHRAX ATTACKS officers and their families. the motion to suspend the rules and pass H.R. OF SEPTEMBER AND OCTOBER The National Guard has played an in- 3839; ‘‘yea’’ on rollcall No. 105, on the motion 2001 tegral role in providing security to the offered by Mr. DOOLEY of California to instruct Mr. NEY. Mr. Speaker, I move to sus- U.S. Capitol and, by extension, its visi- conferees on H.R. 2646; and ‘‘yea’’ on rollcall pend the rules and agree to the concur- tors, staff, Members of the House and No. 106, on the motion offered by Mr. BACA of rent resolution (H. Con. Res. 378) com- the Senate, and the entire Nation. This California to instruct conferees on H.R. 2646. mending the District of Columbia Na- additional security has allowed the f tional Guard, the National Guard Bu- House of Representatives to truly re- reau, and the entire Department of De- main the people’s House by keeping our b 1915 fense for the assistance provided to the doors open and our halls safe and al- United States Capitol Police and the lowing Members of this great institu- REMOVAL OF NAME OF MEMBER entire congressional community in re- tion to carry on the most important re- AS COSPONSOR OF H.R. 448 sponse to the terrorist and anthrax at- sponsibility of doing the people’s busi- Mr. MCDERMOTT. Mr. Speaker, I ask tacks of September and October 2001. ness. Also, it has been for the safety unanimous consent to have my name The Clerk read as follows: and security of the countless thousands removed as a cosponsor of H.R. 448. H. CON. RES. 378 of visitors that we have had to the U.S. The SPEAKER pro tempore (Mr. LIN- Whereas the terrorist and anthrax attacks Capitol. DER). Is there objection to the request of September and October 2001 required Con- Let me just say, Mr. Speaker, that of the gentleman from Washington? gress and the entire Congressional commu- we had a very, very unusual situation There was no objection. nity to respond to a heightened state of after September 11 in this Capitol and emergency; many people, and I could not begin to f Whereas the men and women of the United name all the names, but people who States Capitol Police were required to shoul- have worked, our officers of the House, ANNOUNCEMENT OF INTENTION TO der the greatest burden of this emergency re- their staff; when I say officers I am OFFER MOTION TO INSTRUCT sponse by working tremendously increased hours under difficult conditions, requiring talking about the CAO, the Clerk, the CONFEREES ON H.R. 2646, FARM Architect of the Capitol and the Ser- SECURITY ACT OF 2001 great sacrifices by them and their families; Whereas the District of Columbia National geant at Arms, all the staff on both Ms. HOOLEY of Oregon. Mr. Speaker, Guard responded to the call of the Capitol sides of the aisle, Members of the Com- pursuant to clause 7(c) of rule XXII, I Police Board and provided National Guard mittee on House Administration. hereby announce my intention to offer troops to assist the United States Capitol I want to commend the gentleman a motion to instruct conferees on H.R. Police in protecting the Capitol complex, from Maryland, (Mr. HOYER), our rank- 2646. The form of the motion is as fol- providing great relief to the members of the ing member, and all of the Members on lows: United States Capitol Police; and Whereas the combined efforts of the United both sides of the aisle, Mr. Speaker, be- The managers on the part of the States Capitol Police and the District of Co- cause they also put in countless hours House at the conference on the dis- lumbia National Guard have made the Cap- to make sure this entire system con- agreeing votes of the two Houses on itol complex secure for Members of Congress, tinued to operate. the Senate amendment to bill H.R. 2646 Congressional employees, and visitors, and Obviously those who committed be instructed to agree to the provisions thereby have enabled Congress to continue these heinous crimes in the United contained in section 1001 of the Senate to discharge its constitutional duties on be- States wanted our system not to oper- amendment and section 944 of the half of the American people: Now, therefore, ate, but the people’s House has contin- House bill, relating to country of ori- be it ued and has continued to be open and Resolved by the House of Representatives (the gin labeling requirements for agricul- Senate concurring), That Congress commends has done so because again of the coura- tural commodities, but to insist on the the District of Columbia National Guard, the geous people. 6-month implementation deadline con- National Guard Bureau, and the entire De- Mr. Speaker, again this is a very im- tained in the House bill. partment of Defense for the assistance pro- portant and serious resolution, and we

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00026 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.018 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1517 also want to recognize again all of our topher, CPL, Coley, Antonio, SSG, Cotton, commends the Guard, the Guard Bu- officers of Capitol Hill, everybody that Chandler, SGT, Cradie, Tavar, PFC, Dancy, reau, and the Defense Department for a played a part in doing their job and the Julius, SGT, Davis, Derwin, SPC, Davis, Mi- job well done. It records their contribu- tremendous sacrifices. This resolution chael, MSG, Day, Albert, SPC, Douglas, tion to the security of our democracy. Kirk, SGT, Doye, James, SSG, Elmore, Al- I note that this resolution resembles is geared towards today the Guard, and bert, SGT, Emiabata, Abayomi, SFC, the Guard has left the Capitol complex, Espinosa, Angelo, SPC, Fenton, Keith, SSG, one introduced by the gentleman from and so we want to honor them, we want Frost, Dwayne, SPC, Goodwin, Shannon, Illinois (Mr. DAVIS) on April 10. The to thank them; and for this, our coun- SSG, Graham, James, SGT. fact that multiple resolutions have try is grateful. I cannot thank them Gray, Devon, 1LT, Green, Marion, SGT, been introduced demonstrates the af- enough for their hard work and assist- Hailstalk, Jacelyn, SPC, Hall, Robert, SGT, fection and gratitude Members have for ance in the challenging months. Harris, David, SGT, Hayes, Stephanie, SPC, the men and women whom we met and I urge full support of this resolution. Height, Ramonz, SSG, Henry, Alvin, SFC, who served our Nation and our Capitol. Mr. Speaker, I reserve the balance of Hill, David, SPC, Hill, Steven, SGT, Mr. Speaker, I urge every Member to my time. Hinaman, Arthur W., LTC, Hoffman, Mary, support this motion, as I am sure they Mr. HOYER. Mr. Speaker, I yield my- SPC, Hudson, Leonard, SFC, Hughes, Rachel, 1LT, Hutchins, James, SPC, Jackson, An- will. self such time as I may consume. thony, MAJ, Jackson, William, SFC, Jen- Mr. Speaker, I reserve the balance of I support, clearly, the gentleman kins, Deron, SGT, Johnson, Dennis, 1SG, my time. from Ohio’s (Mr. NEY) motion and con- Johnson, Trinette, SPC. Mr. NEY. Mr. Speaker, I yield myself gratulate him for bringing this matter Jones, John, SPC, Jones, Rasheeda, SPC, such time as I may consume. to the floor in such a timely fashion. Jones, William, SPC, Kinley, Roland, MSG, I also wanted to commend the gen- For 5 months, Mr. Speaker, more Lancaster, Arthur, SPC, Lawton, Denny, tleman from Illinois (Mr. DAVIS) and than 130 men and women of the Dis- SSG, Lee, Dennis, SGT, Lewis, Timothy, also the gentleman from California trict of Columbia National Guard stood SPC, Luu, The Khai, 2LT, Magruder, Pau- (Mr. ISSA) and all the other cosponsors, watch here at the Capitol complex lette, SFC, Mason, Kenneth, SPC, Maynard, 104, but those two have worked dili- alongside our own Capitol Police. They Arturo, SGT, McArthur, Charlie, SGT, gently to bring this issue to the fore- McGrath, Joseph, 1LT, McKinnis, Francis, superbly assisted the Capitol Police in PFC, McLaurin, Joann, SSG, McMillian, front, and I want to give them the the discharge of their principal duty, Charles, SGT, Metts, Nathaniel, SSG, credit. They are very concerned, as all which is to enable Congress to operate Mickens, George, SGT, Miles, Robert, SSG. Members are. securely in the discharge of its con- Minor, William, SSG, Mitchell, Juan, SSG, Let me note one thing, too, a state- stitutional responsibilities. Muhammad, Franacine, SPC, Nathan, Wil- ment the gentleman from Maryland With the support of the National liam, SPC, Nelson, Cartone, SPC, Newman, (Mr. HOYER) mentioned. He is correct; Guard Bureau and the Department of Agnes, SGT, Nicholson, Maurice, SPC, there is going to be a cooperative Defense, the men and women of the Parker, Dwight, SPC, Patterson, Rodney, working relationship, as we have had District of Columbia Guard helped MAJ, Pollard, Shanita, SPC, Powell, Steven, all year long and during this crisis, of SFC, Prailow, Melvin, SPC, Prat, Glynn, make it possible for Congress to con- SFC, Queen, Denise, SGT, Queen, Mark, our staffs to look at those hours be- tinue its work. For that, all Members SGM, Ramdat, Awadit, SGT, Richardson, cause the gentleman from Maryland is are thankful. Vicki, SPC, Robinson, Aaron, SPC, Robin- completely correct about those hours The men and women of the Guard son, Lawrence, SPC, Roy, Chris, SGT. and the safety and security of the Cap- also enabled our Capitol Police to have Samuel, Rodger, SSG, Scott, Jay, SPC, itol, but those were countless hours I some measure of much needed rest and Semper, George, SSG, Shirk, Terrence, SFC, had mentioned. But we owe an obliga- relief. Even with the Guard’s help, Cap- Shuford, Robert, SSG, Singleton, Nebra, tion to the officers and to the staff of itol Police officers worked 12-hour SGT, Smith, Rudolph, SFC, Spencer, Rod- the Hill and the visitors to look at ney, SFC, Steedly, Mark, SGT, Sterling, those hours and to do something with shifts during the last 7 months, most Karen, SSG, Summers, William, SPC, Sut- for 6 days a week. I hope all the Mem- ton, Tamara, SGT, Taylor, Ramon, SSG, them. We pledge that we are going to bers heard that because it is not appro- Taylor, Regina, SSG, Taylor, Ronald, SGT, do that. priate that we allow that to continue. Terry, Melvin, SSG, Thomas, Aretha, SPC, Mr. Speaker, I yield 3 minutes to the It is not appropriate for our security. Travers, Victor, SPC, Turner, Gary, SPC, gentlewoman from Maryland (Mrs. It is not appropriate for the safety of Tyler, Edward, SGT. MORELLA), my distinguished colleague. our men and women in the Capitol Po- Valdivia, Gerard, 2LT, Walker, Sharon, Mrs. MORELLA. Mr. Speaker, I lice. It is not appropriate for their fam- SSG, Warren, Ralph, SFC, Washington, thank the gentleman not only for Trina, SGT, Watson, David, SFC, Wellington, yielding me the time but for his spon- ilies. Larry, SSG, Wells, William, SSG, White, Fortunately, that grueling schedule sorship of this resolution that has a Quion, SPC, Whitley, Vanessa, SGT, great significance. I want to thank the has somewhat subsided. It doubtless Wiggens, Donald, SPC, Wilkins, Ricardo, would have been even more demanding, SGT, Williams, Angela, SPC, Williams, Ed- gentleman from Maryland (Mr. HOYER) however, without the assistance of the ward, SPC, Wilson, Jack, SGT, Wilson, also for his sponsorship of it, and all of diligent, dedicated Guardsmen and Lashon, SPC, Wilson, Morris, SGT, Wilson, the people who are speaking for it, and -women, and for that, as I said, we are Reggie, SPC, Woodall, Brian, SSG, Young, all of the Members of the House who most thankful. David, SGT, Zollicoffer, Randolph, SSG, care about the kind of service that we Mr. Speaker, the men and women of Freeman, Warren L., MG—DCNG Com- have received from the District of Co- manding General. the District of Columbia Guard distin- lumbia National Guard. guished themselves in this under- They brought honor upon themselves I am pleased to be here to give taking. They discharged this extraor- as individuals and upon the District of thanks to the members of the District dinary duty with diligence, profes- Columbia and the National Guard. of Columbia’s National Guard, the Na- sionalism, dedication and good humor. They also brought honor upon this tional Guard Bureau, and the Depart- I will include at this point in the Capitol, managed in a very efficient, ment of Defense. For nearly 5 months RECORD a complete list of their names. effective, secure way. the men and women of the District of The National Guard, of course, is a TASK FORCE CAPITOL GUARDIAN (DCNG) Columbia Army National Guard an- Abele, Timothy, SPC, Addison, Mark, SGT, cornerstone of our national defense es- swered the call of duty to help protect Aiken, Anthony, SPC, Allen, Tekeshia, OC, tablishment, and these men and women the Nation’s Capitol complex, and they Armstrong, John, SSG, Atkinson, Anthony, represented it well. We greatly appre- did it with grace, efficiency, and thor- SSG, Baird, Gordan, SFC, Baker, Anthony, ciate the willingness of men and oughness. They watched over us 24 SSG, Barnes, Samuel, SPC, Belton, Karla, women from every walk of life to serve hours a day, 7 days a week, compiling SPC, Bennett, Carolyn, SGT, Black, John, when needed, at home and abroad, to an incredible total of 207,120 hours of SPC, Blankenship, Todd, CPL, Bloodworth, help keep this Nation free and secure. work over 150 days. Stephen, SSG, Brooks, Geoffry, MAJ, Brown, The National Guardsmen and -women This was time away from their loved Anthony, SFC, Bryan, Rosemary, SPC, who served here at the Capitol have ones, time away from their places of Cammon, Melvin, SGT, Carr, Jerry, SGT, Clark, Karen, SPC. now resumed their normal duties. They employment, time they spent in serv- Clemons, Rodney, SGT, Clinton, Jerry, certainly deserve the salute of this ice to their country, and we are deeply SSG, Coates, Elizabeth, SPC, Coles, Chris- House. This resolution, Mr. Speaker, grateful for that service.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00027 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.048 pfrm12 PsN: H23PT1 H1518 CONGRESSIONAL RECORD — HOUSE April 23, 2002 The members of the D.C. Army Na- do or have done for us in the District of National Guard for their extraordinary tional Guard, specifically the 260th Columbia. They are much revered and service and assistance to the United Military Police Command, the 260th honored in our city. They were there States Capitol Police. Regional Training Institute, the 74th during the civil defense operations as a I would like to thank the gentleman Troop Command, the Headquarters Dis- part of the 2001 IMF World Bank dem- from Ohio (Mr. NEY) and the gentleman trict Area Regional Command, and the onstration. They expect that kind of from Maryland (Mr. HOYER) for their 33rd Civil Support Team, all worked duty. They expected to be on duty dur- leadership in bringing this legislation alongside the officers of the Capitol ing the Y2K transition. They knew to the floor to commend the D.C. Na- Police to whom we also owe a great they would be called in the blizzard of tional Guard for their assistance after debt of thanks. The officers of the Cap- 1996. But they could never have the attacks of September 11 and the itol Police Department performed dreamed that they would be helping in anthrax attacks on the Capitol. And, under a heavy burden, protecting the round-the-clock service to the Capitol Mr. Speaker, I also want to thank and Capitol complex under a crisis situa- of the United States. acknowledge the gentleman from Cali- tion and logging many, many long days Our Capitol Police were working 10 fornia (Mr. ISTOOK) for his efforts and in the process. hours a day, 7 days a week. Murderous commitment in paying tribute to the When it came time to give the men hours. We have heard the Chair and the National Guard’s dedication to the and women of the Capitol Police some ranking member speak about how we Capitol by also introducing a similar much needed help, the National Guard are going to do something about that, resolution April 10, 2002, with over 120 was there. The fact that these two en- but could not do something about it cosponsors. tities, the National Guard and the Cap- right away. There was no place to turn, Mr. Speaker, I also introduced a itol Police, were able to work together no place to go; and so we turned to the similar resolution, as has been noted, so seamlessly is a testament to the National Guard, who in the history of on April 10, 2002, the final service day professionalism of both of them. This this country have probably never had of these men and women, because I felt represented a new situation for both anything like this kind of duty. it was only appropriate for my fellow agencies, and they adapted well to a Their presence was so important. colleagues and I to pay homage to the men and women protecting our lives tough assignment. Their presence, along with that of the I am honored to be here today to be Capitol Police, restored a sense of calm and our Nation’s Capitol. There were a total of 220 men and women from the able to publicly thank them for their and confidence in this place, especially D.C. National Guard who assisted the service. to staff. Members had no reason, they Capitol Police from November 12, 2001, Mr. HOYER. Mr. Speaker, we have are elected, they are supposed to have to April 10, 2002. These men and women been talking about the Washington, a sense of calm and confidence no mat- worked a remarkable 207,120 hours in D.C., National Guard. I am very ter what happens to this place, but the 150 days by providing perimeter secu- pleased to yield 4 minutes to the gen- many number of people who serve us as rity, barricade support, and vehicular tlewoman from the District of Colum- staff I do not think their parents sent inspection 7 days a week, 24 hours a bia (Ms. NORTON), who represents the them here to see them panicked about whether or not this place would be day. District so very, very well. As has already been noted, Mr. safe. Nothing, in fact, was more reas- Ms. NORTON. Mr. Speaker, I first Speaker, they sacrificed their holidays, suring than coming to work and being thank the gentleman from Maryland weekends, and time with their families greeted by the Capitol Police and the for yielding me this time. He knows, I to ensure the safety of the Capitol. In am sure, what it means to me and to D.C. National Guard. Somehow you addition to lending their resources to the residents of the District of Colum- thought everything was going to be all the Nation’s Capitol, the D.C. National bia that the gentleman from Ohio (Mr. right when you saw them there. Guard has also played significant roles I want us to remember that these NEY) and the gentleman from Maryland in our Nation’s past armed conflicts, people had a life, had full-time careers, (Mr. HOYER) have provided such such as World War II, Operation Desert some were very young, many were at thoughtful leadership in bringing for- Storm, and Operation Joint Endeavor. ward this resolution in honor of our the height of their careers; and not I join with my colleagues in sending D.C. National Guard, the Guard Bu- only were their careers put on hold but my deepest gratitude to the units in- reau, and the Defense Department, and their lives were put on hold. When the volved in protecting the Nation’s Cap- I want to focus in on the 131 members Capitol Police did the very same thing, itol: the 260th MP Command, the 74th of the D.C. National Guard whose sac- this Congress came forward with a con- Troop Command, the 260th Regional rifice of time spent with their families current resolution. The Capitol Police Training Institute, the Headquarters and of career advancement was so im- are favorites of mine. I live with them District Area Regional Command, the portant to us for the last 5 months. 7 days a week, and I know what they do 121st Criminal Investigation Detach- for this place; but I must say that I b 1930 ment, and the 33rd Civil Support Team think it is especially appropriate for for their extraordinary service, their I do not think anybody will ever call the Congress today to do for the Guard protection of the U.S. Capitol, the safe- them weekend warriors again, not con- what we have already done in express- ty of the Members of Congress, con- sidering the hours they put in for us. ing our appreciation for the Capitol Po- gressional staff, and visitors to the And who were they? It is very hard to lice. U.S. Capitol, and for their assistance to somehow make us all understand pre- It is difficult to know how 440 Mem- the Capitol Police. cisely who these young men and bers of the House and 100 Members of Mr. Speaker, I also want to congratu- women were. I went to a ceremony in the Senate can say thank you. I think late the D.C. National Guard, who will honor of them on their last day, but that a concurrent resolution, always be celebrating their 200th year in serv- think of their representatives as being reserved for extraordinary perform- ice next week on May 3rd. Again, I urge Sergeant Charles McMillian, who lives ance, is an appropriate way; and that is all Members of this honorable body to in Esther Place, Southeast, has one the kind of thank you that we give the support this resolution and convey daughter; or Specialist Elizabeth National Guard today. once again to the D.C. National Guard Coates, who has served for 17 years, is Mr. HOYER. Mr. Speaker, I yield our gratitude for the tremendous serv- married, and lives in Northeast Wash- such time as he may consume to the ice that they have provided to all of us ington; or of Sergeant Trina Wash- distinguished gentleman from Illinois as well as to the Nation. ington, with 20 years of service, two (Mr. DAVIS), who had a similar resolu- Once again, Mr. Speaker, I thank and children, and who lives in Northeast tion expressing a similar sentiment. commend the gentleman from Ohio Washington. Mr. DAVIS of Illinois. Mr. Speaker, I (Mr. NEY) and the gentleman from When you have been in the service want to first of all thank the gen- Maryland (Mr. HOYER). that long and you have a life, you are tleman from Maryland for yielding me Mr. HOYER. Mr. Speaker, I yield my- certainly not prepared for what we this time, and I rise today in support of self the balance of my time and thank called upon these Guards people to do. H. Con. Res. 378, to honor the men and the gentleman from Illinois for his What you are prepared for is what they women of the District of Columbia’s very appropriate comments.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00028 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.051 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1519 We reiterate that we owe a debt of OIL DISTORTS U.S. FOREIGN thorized by the Congress of the United gratitude to these men and women of POLICY States? When did President Bush learn the D.C. National Guard and thank The SPEAKER pro tempore. Under a about the attempted coup and direc- them for their service. previous order of the House, the gentle- tion was given to U.S. diplomats, mili- Mr. Speaker, I yield back the balance woman from Ohio (Ms. KAPTUR) is rec- tary officials, and advisers in the re- of my time. ognized for 5 minutes. gion? What did they receive from the Mr. NEY. Mr. Speaker, I yield back Ms. KAPTUR. Mr. Speaker, the re- White House, the State Department or the balance of my time. cent events in Venezuela have given the Defense Department? What rela- The SPEAKER pro tempore (Mr. the American people yet another exam- tionship does the President, Vice Presi- FORBES). The question is on the motion ple of the way that oil distorts U.S. dent, or any of his advisers have with offered by the gentleman from Ohio foreign policy. Most Americans do not any oil interests in Venezuela? On (Mr. NEY) that the House suspend the realize it, but Venezuela is a crucial whose order did the Bush administra- rules and agree to the concurrent reso- supplier of oil to the United States. Ac- tion officials choose not to speak out lution, H. Con. Res. 378. cording to the CIA, petroleum domi- against the overthrow of a democrat- The question was taken; and (two- nates the Venezuelan economy, ac- ically elected president from a nation thirds having voted in favor thereof) counting for approximately one-third that is America’s third largest oil sup- the rules were suspended and the con- of its economy and 80 percent of its ex- plier? The United States simply must oc- current resolution was agreed to. port earnings. In fact, Venezuela ranks cupy the moral high ground. We are en- A motion to reconsider was laid on third on the list of countries that pro- gaged in a worldwide battle against the table. vide with us petroleum, approximately terrorism and antidemocratic forces. 1.5 million barrels every day, or more f We are trying to show the rest of the than half of its total production. world what it means to stand up for GENERAL LEAVE Stanley Weiss, founder and chairman democratic values. Not to support a le- of Business Executives for National Se- Mr. NEY. Mr. Speaker, I ask unani- gitimately elected government, no curity, a nonpartisan organization of mous consent that all Members may matter how much we may disagree business leaders, wrote recently in the have 5 legislative days within which to with its president, has damaged the revise and extend their remarks and in- Los Angeles Times that the United perception of the United States as a clude extraneous material on the sub- States imports twice as much oil from standard bearer for legitimate elec- ject of House Concurrent Resolution Canada and Venezuela as it does from tions and democratic governments. 378, the concurrent resolution just the Persian Gulf. And Venezuela is par- The Organization of American States agreed to. ticularly important as a source of re- took a position diametrically opposed The SPEAKER pro tempore. Is there formulated gasoline, which is required to this country’s position. I hope the objection to the request of the gen- in many American cities that are Committee on International Relations tleman from Ohio? struggling to meet USEPA emission demands a full explanation by the Bush There was no objection. standards for clean air. administration so there is no repeat of Every time an American citizen pulls f this sorry performance. President Cha- up to a Citgo gas pump, they are pump- vez should understand that Americans SPECIAL ORDERS ing dollars into the Venezuelan na- believe in democracy and view Ven- The SPEAKER pro tempore. Under tional oil company known as Pedevesa. ezuela as a friend, not just as an oil the Speaker’s announced policy of Jan- And it was labor unrest at the well. And the American people can uary 3, 2001, and under a previous order Pedevesa facilities throughout Ven- take from this latest sordid experience of the House, the following Members ezuela that helped to spur the 1-day another lesson in the many ways in will be recognized for 5 minutes each. coup against Venezuelan President which dependence on foreign oil dis- Hugh Chavez. torts our politics and our policy. f So important is Venezuelan oil to the Mr. Speaker, I submit herewith for The SPEAKER pro tempore. Under a world’s market that the price of oil the RECORD two articles, one from the previous order of the House, the gentle- dropped precipitously after Chavez was Toledo Blade that talks about the ad- woman from Maryland (Mrs. MORELLA) deposed and rebounded just as quickly ministration’s flip-flop in our policy is recognized for 5 minutes. when he was restored to power by the towards Venezuela, and also a time line (Mrs. MORELLA addressed the people of Venezuela. and related article from the New York House. Her remarks will appear here- The Bush administration, which is Times on ‘‘2 days that Shook Ven- after in the Extensions of Remarks.) dominated by oil in much the same ezuela: The Fall, and Return, of Presi- f manner as the Venezuelan economy, dent Hugo Chavez. The SPEAKER pro tempore. Under a could barely contain its glee when [From the New York Times, Apr. 20, 2002] previous order of the House, the gentle- President Chavez was overthrown in a 2 DAYS THAT SHOOK VENEZUELA: THE FALL, woman from the District of Columbia coup d’etat. Meanwhile, every other AND RETURN, OF HUGO CHA´ VEZ (Ms. NORTON) is recognized for 5 min- government in this hemisphere reacted The killings at the anti-Cha´ vez demonstra- utes. negatively to the overthrow of a demo- tion rocked the country, reviving memories (Ms. NORTON. addressen the House. cratically elected government. By put- of the violent events in 1989, known as the Her remarks will appear hereafter in ting the interests of the oil economy Caracazo, in which hundreds were killed by first and democratic rule second, the government forces. Venezuelans across the the Extensions of Remarks.) political spectrum swore that such violence Bush administration not only found f would never take place again. itself out of step with every other gov- The SPEAKER pro tempore. Under a According to witnesses, shots were fired ernment in Latin America but fool- from several buildings as well as from a previous order of the House, the gen- ishly forfeited the high moral ground. bridge one block from the presidential pal- tleman from South Dakota (Mr. Now the administration has a lot of ace, which overlooks the route of the march. THUNE) is recognized for 5 minutes. sorting out to do. It has to explain to One of the buildings that witnesses identified (Mr. THUNE addressed the House. His Congress about what really happened as a source of gunfire contains the offices of Freddy Bernal, the mayor of the borough remarks will appear hereafter in the in Venezuela. Did the Bush administra- Extensions of Remarks.) that includes downtown Caracas and one of tion actively encourage antidemocratic the leaders of the Bolivarian Circles. f forces to overthrow a leader with Eddie Ramiez, an executive with the state The SPEAKER pro tempore. Under a whom we happen to disagree? Did the oil company, was in a part of the march that previous order of the House, the gen- Bush administration give a wink and a came close to the presidential palace. ‘‘Shots tleman from Illinois (Mr. LIPINSKI) is nod to the coup plotters? Under what were fired from a building,’’ he said. ‘‘I think recognized for 5 minutes. authority was the Bush administration there were people there waiting for us, and some crazy person started to shoot.’’ (Mr. LIPINSKI addressed the House. acting when U.S. military advisers None of the snipers who fired from rooftops His remarks will appear hereafter in found themselves on the side of the in- (as opposed to the bridge) have been identi- the Extensions of Remarks.) surgents? When was that action au- fied, with pro-Cha´ vez forces arguing that

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00029 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.054 pfrm12 PsN: H23PT1 H1520 CONGRESSIONAL RECORD — HOUSE April 23, 2002 much of the gunfire was directed at and statements this week, after he was terior and justice was in charge of the state Miraflores Palace and that some anti-Cha´ vez placed under house arrest and General spy apparatus. demonstrators were also armed. Rinco´ n was once again at Mr. Cha´ vez side, At the same time, though, Mr. Cha´ vez’s Since Mr. Cha´ vez’s return to power last apparently forgiven by the president. ‘‘There supporters in the poor neighborhoods of Sunday, his followers have sought to place are facts that are still in a gray area.’’ the blame for the killings on the Metropoli- By midmorning on Friday, Mr. Cha´ vez, western Caracas were taking to the streets. tan Police, which reports to one of his main himself a former army colonel who in 1992 By early afternoon, thousands were congre- political adversaries, Alfredo Pen˜ a, the led a failed coup attempt, looked to be fin- gating outside Miraflores, demanding that mayor of Caracas. However, after an inde- ished. He was being held in military custody Mr. Cha´ vez be restored. pendent investigation, the country’s two at Fort Tiuna; Cuba was beginning efforts At Fort Tiuna, though, some 30 generals main human rights groups concluded that that would have allowed him to go into exile and admirals were still arguing about who the shootings took place ‘‘to minimize the there, and the Bush administration was al- should get what post in the Carmona govern- action of the opposition with the acquies- ready signaling its support for the new gov- ment. ‘‘This was grave for Carmona,’’ said cence of organisms of the state,’’ and police ernment. and military officers. On Friday morning, the day Mr. Carmona Gen. Rafael Montero, a former minister of ´ Gen. Ne´stor Gonza´ lez, an ally of Mr. claimed power, Mr. Reich, the assistant sec- defense sympathetic to the anti-Chavez Cha´ vez who broke with the president early retary, summoned ambassadors from Latin forces. ‘‘He didn’t have the advice he need- last week, said that the military high com- America and the Caribbean to his office. The ed.’’ mand already had information at midday representative from Brazil read a With the high command distracted, the that there would be an attack on the anti- communiqu´ e that stated that his country presidential guard, which was thought to be Cha´ vez march. He said this week that the could not condone a rupture of democratic loyal to Mr. Cha´ vez but had still not been re- top commanders learned of the plans from ‘‘a rule in Venezuela, diplomats said. general who had personally infiltrated in the placed, was able to retake control of They said Mr. Reich responded that the Miraflores. ‘‘We never abandoned the presi- Bolivarian Circles.’’ ouster of Mr. Cha´ vez was not a rupture of dent,’’ said Col. Gonzalo Milla´ n a member of As the confrontation in the streets raged, democratic rule because he had resigned. ´ the palace guard. He added, ‘‘Kings are the Mr. Chavez ordered all television stations to ‘‘He stressed the position that Cha´ vez was join a national network and began delivering responsible’’ for his fate, ‘‘and said we had to only ones who do things by decree, but no a speech warning Venezuelans ‘‘not to fall support the new government,’’ said one one here is a king.’’ into provocation.’’ But independent stations Latin American envoy. In the interior of the country, unit com- split the screen so as to continue broad- Almost immediately, though, Mr. Carmona manders were also beginning to defy the casting the violence near the palace. Their began making the political blunders that desk generals and to declare their support transmissions signals were cut, and public would quickly bring him down. After work- ´ for Mr. Cha´ vez. At 1:30 p.m., Gen. Rau´ l opinion began turning against Mr. Chavez. ing hand in hand for months with Carlos Or- Feeling vulnerable, Mr. Cha´ vez ordered Baduel, commander of a paratrooper brigade tega, the leader of the Venezuelan Workers’ tanks and troops to move to the palace from in Maracay in which Mr. Cha´ vez himself had Federation, the country’s main labor union army headquarters at Fort Tiuna, in Cara- once served, and four other senior field offi- group, he named a cabinet that had no labor cas. But military commanders, fearing a rep- cers announced they were rebelling against representatives and was tilted heavily to- etition of the 1989 bloodshed, told the presi- the new government and began to organize a ward a discredited conservative party. dent that they would not obey him. ‘‘The re- ´ In addition, Mr. Carmona fanned military plan to ‘‘rescue’’ Mr. Chavez from his cap- sult would have been a massacre,’’ General rivalries by naming two navy officers to the tors. Gonza´ lez said. Military dissidents who had cabinet, including Adm. He´ctor Ramı´rez plotted against Mr. Cha´ vez had sought out Though he had by now been moved from Pe´rez as minister of defense instead of Gen- business leaders thought to be sympathetic. Caracas to a naval base on the coast, Mr. eral Va´ squez Velasco, and none from the they included Pedro Carmona Estanga, the Cha´ vez was still refusing to sign a document army. president of Fedeca´ maras, the main national of resignation. When a sympathetic corporal ‘‘There were many more people with aspi- business confederation. named Juan Bautista Rodrı´guez, a member Entreaties were also made to the American rations than space to accommodate them, of the unit watching over the deposed presi- and they all seemed ready to jump ship when Embassy here but it appears they did not dent, learned of Mr. Cha´ vez’s position, he of- they felt they were being excluded,’’ said meet with encouragement. fered to smuggle out a message to that effect Janet Kelly, a political science professor and ‘‘They were always impeccable at the em- to encourage the Cha´ vez forces. ‘‘I put it at commentator here. bassy, from the ambassador on down,’’ said a the bottom of a trash can to disguise it,’’ Mr. businessman who was a witness to several But the biggest mistake was a decree, an- nounced at Mr. Carmona’s swearing-in on Cha´ vez said this week. ‘‘Later I learned that ‘‘what if’’ conversations. ‘‘I can’t tell you the soldier had recovered it. I don’t know the number of times they made it clear that Friday afternoon, that dissolved the Na- how he did it, but he discreetly transmitted they would not countenance a coup. There tional Assembly, fired the Supreme Court was no winking going on, either. They would and called for new presidential elections a fax to someone who got the message to always say, ‘‘We do not want a rupture.’’ only after a year. The effect was to suspend Miraflores.’’ Other anti-Cha´ vez groups also traveled to the Constitution, which generated imme- With the balance clearly shifting in favor the United States to meet with Mr. Cisneros, diate opposition to the new government, of Mr. Cha´ vez, who had by now been moved the media magnate who has business inter- both at home and in the rest of Latin Amer- to the Caribbean island of La Orchila, the ica. ests there, and with American officials. The same military officers who had overthrown ‘‘In hindsight, it was the most idiotic thing Bush Administration’s two top officials for him began to distance themselves from Mr. Latin American policy, Assistant Secretary that could have been done,’’ said a person Carmona. At 4:30 p.m. General Va´ zquez of State Otto Reich and John Maisto, the na- who was at Miraflores for the ceremony. Velasco, still irate at not having been named tional security adviser for Latin America, ‘‘But we had just come out of an ambush and are both former ambassadors to Venezuela we were venting our distaste for the people defense minister, told Mr. Carmona that and have maintained close ties with busi- who occupied those positions, so everyone military support of his government would be ness, political and news media leaders here. applauded the dissolution.’’ withdrawn unless he revoked the offending So early on Thursday night top military As Mr. Carmona spoke, military officers decree dissolving congress. officers, including the army commander, were jostling for position behind him, trying Mr. Carmona acted about half an hour Gen. Efraı´n Va´ zquez Velasco, were confident to make sure they would appear in photo- later, but by then it was too late. A few when they delivered an ultimatum to Mr. graphs in the papers the next day, spectators blocks away from the palace, the pro-Cha´ vez ´ ´ recalled. But some civilian political leaders Chavez: you must quit. Cornered, Mr. Chavez National Assembly was already convening to said he was unwilling to resign but would were already unhappy with the look of appoint Diosdado Cabello, Mr. Cha´ vez’s vice agree to ‘‘abandon his functions,’’ a slightly things, and ducked out of the ceremony. president, as interim president, as estab- different procedure under Venezuelan law By Saturday morning, it was clear that lished by the Constitution. that would require the approval of the Na- Mr. Carmona’s transition government was tional Assembly, in which Mr. Cha´ vez has a floundering. Ambassador Shapiro had break- Around 10 o’clock, Mr. Carmona stepped majority. fast with him at 9 a.m., and told him that down and the uprising was effectively over. The key figure in the hours of negotiations dissolving Congress was an error and should Four Air Force helicopters headed to La that followed was the armed forces com- be reconsidered. Orchila to pick up Mr. Cha´ vez, who arrived mander, Gen. Lucas Rinco´ n Romero, whose The government’s image was further unde- in triumph back at Miraflores around 3:00 true loyalties still are not clear. Early on termined by raids on the home of some key a.m. on Sunday. Friday, he announced that Mr. Cha´ vez had Cha´ vez supporters. Among those singled out ‘‘resigned,’’ which led 90 minutes later to Mr. were Tarek William Saab, who as chairman ‘‘I was absolutely sure, completely certain, Carmona being named as head of a military- of the congressional Foreign Relations Com- that we would be back,’’ Mr. Cha´ vez said in supported transitional government. mittee was regarded as Mr. Cha´ vez’s main a speech to his jubilant supporters. ‘‘But you That part is still confusing to me,’’ Mr. link to Iraq, Iran and Libya; and Ramo´ n know what? The only thing I couldn’t imag- Carmona said of General Rinco´ n’s actions Rodrı´guez Chacin, who as minister of the in- ine was that we would return so rapidly.’’

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00030 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.032 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1521 [From the Toledo Blade, Apr. 21, 2002] producing a tightening of oil supplies that The government says the United States did DIVISIONS OVER VENEZUELA brought oil prices to new levels. nothing to encourage the assault on democ- It’s not surprising then, that when Ven- FLIP-FLOP PITS DISLIKE FOR CHAVEZ, ISSUE OF racy. And yet, it is guilty, at the very least, ezuela announced a few days ago that Hugo DEMOCRACY of badly mishandling the crisis in Caracas. Chavez was no longer its president, oil prices The mistakes of mid-April may take years to (By Frida Ghitis) took a sudden drop—about 6 percent (They repair. WASHINGTON.—The news from Venezuela went back up after he was reinstated). The blew like a cool breeze on a sweltering sum- timing, for the United States and many oth- [From the Toledo Blade, Apr. 21, 2002] mer day for U.S. leaders in Washington fol- ers, could not have been better. Oil prices LATIN POLICY CHIEF GIVES LITTLE TO FOES lowing those developments. had gone up 25 percent this year alone, as the WASHINGTON.—Reacting to criticism of the Administration officials, tense and tired American economy picks up steam, and as from watching the unraveling of the Middle reaction to the resignation and revival of tensions in the Middle East continue to Venezuelan President Hugo Chavez, the Bush East; edgy from suddenly facing domestic mount. Only recently, Saddam announced criticism that President Bush’s policies on administration’s chief policy-maker for that he was stopping shipments of oil as a Latin America, Otto J. Reich, came back terrorism were losing their moral clarity gesture of support for the Palestinians, and with his call for Israel to stop its actions swinging. ‘‘We have reviewed our actions Iranian President Mohammed Khatami (the since last Thursday [April 11],’’ he said. ‘‘I against Palestinians; weary from threats by ‘‘moderate’’ Iranian) reiterated his country’s Muslim oil producers to suspend oil ship- find very little that I would do differently.’’ call for Muslim countries to stop selling oil Such is the confidence of Mr. Reich, a ments if the United States didn’t get Israel for 30 days, also in support of the Palestin- former ambassador to Venezuela whose con- to stop attacking Palestinians, suddenly ians. servative credentials and combative de- found reason to rejoice. The word from Ven- What superb timing by the masses in Cara- meanor have made him popular among Re- ezuela brought a welcome bit of news. The cas! On April 11, a large protest by Ven- publicans and stirred the suspicions of troublesome, often irritating president of the ezuelan workers, angry over Mr. Chavez’s in- Democrats. South American country, had moved aside. A stallation of a new board of directors of the After a few short months, Mr. Reich is fac- new president was taking over. At last, some traditionally independent national oil com- ing his second crisis in Latin America (the good news! pany, spun out of control. Tensions had been first was the collapse of the Argentina econ- Not so fast. What occurred in Venezuela building for months. The country is sharply omy, and he has taken a hands-off approach and, more importantly, the way Washington divided, with Mr. Chavez’s populist rhetoric to it). He is thoughtful and meticulous, with reacted to it, has become a major embarrass- intensifying class differences. Major military experience in the region as a development ment for the Bush administration, which figures had come forth calling for his res- agency official, diplomat, and businessman. ignation, and what was once a sky-high ap- found itself on the defensive, deny charges He also is a fierce partisan who cedes little proval rating had dipped to about 30 percent. that, at the very least, it knew about the ground to his opponents, particularly those When the protests were met with gunfire coup before it happened. Even if those who fail to share his concern over the from Chavez supporters, the military stepped charges are proved to be false, Washington’s threats posed by President Fidel Castro of rejoicing over a bungled coup that kept the in and took over. They installed Pedro Carmona Estanga, a business leader who Cuba and, more recently, by Mr. Chavez, who Venezuelan out of office for only 48 hours, has built close ties with Castro. left the administration open to charges that didn’t last long. The head of the country’s largest business In January, after Senate Democrats denied it turned its back on democracy. Mr. Reich a hearing on the Latin policy post Most think of the Middle East, the Persian association was declared president, with an announcement that Mr. Chavez had resigned. and refused to confirm him, President Bush Gulf, as the principal source of America’s oil. granted him a recess appointment, which al- But Venezuela, on the northeastern corner of But Chavez supporters refused to believe their man had folded. A top executive at the lows him to serve until the end of the con- South America, is one of the world’s major gressional session—and beyond, if re- oil producers. The country is the third larg- oil company said the country would start pumping more oil, probably exceeding its appointed. est provider of oil to the United States, ex- Secretary of State Colin Powell fully porting about 1.5 million barrels to America OPEC quota. It is unlikely that a single Latin American backs Mr. Reich, said the secretary’s spokes- every day. Venezuela, a member of OPEC, president felt that Mr. Chavez really would man, Philip Reeker, calling him a ‘‘key play- long had been one of the organization’s least be missed. And yet, the Organization of er’’. disciplined members, going over its quota American States condemned the Venezuelan Some of the animus toward Mr. Reich frequently and thus making it almost impos- coup. Almost all democratically elected stems from his involvement in what became sible for the oil cartel to control prices. That leaders in the Americas made it clear that, known as the Iran-control scandal in the all changed when the colorful Hugo Chavez like him or not, Mr. Chavez legally, demo- Reagan administration. As director of the came to power. cratically had been elected president. Re- State Department’s Office of Public Diplo- Mr. Chavez, a former paratrooper who had moving him constituted an affront against macy, Mr. Reich tried to influence public once led a failed military coup of his own, the principle of democracy, a principle worth opinion in support of the Nicaraguan was elected president democratically with preserving, even when one disagrees with the contras, the General Accounting Office promises of bringing radical change to a outcome of the process. The president of found, by resorting to ‘‘prohibited covert country that, although awash in petroleum, Mexico declared that he would not recognize propaganda’’ like preparing newspaper opin- suffers from horrific poverty. Just months the new government. Statements throughout ion articles for pro-contra authors. before he took power in Caracas, a barrel of the hemisphere condemned what appeared to Mr. Reich has denied wrong-doing and oil was selling for about $10, less than half be a coup. The United States, however, did never was charged. Recently, in his first today’s price. President Chavez immediately not speak out against the overthrow of a major policy speech as assistant secretary, set to transform his country, and to revi- democratically elected president. American he made light of the controversy, greeting talize the oil cartel. officials stated that Mr. Chavez himself was the ‘‘former colleagues’’ and ‘‘unindicted co- Enjoying enormous popular support, Mr. responsible for the events that lead to his conspirators’’ in the crowd. Then he com- Chavez tore down and then rebuilt govern- ouster. plained, ‘‘That was supposed to get a better ment institutions. He had a new constitution The United States did itself enormous laugh than that.’’ written after his chosen delegates were ap- damage. Latin America and, for that matter, Otto Juan Reich was born in 1945 in Cuba, proved as the drafters of the document. He much of the Third World, where the image of which he fled as a teenager. He thrived in his gained control of the judiciary and the legis- America as a nation that supported despotic adoptive country, earning a bachelor’s de- lature, and he stacked just about every part regimes that suited its goals during the Cold gree at the University of North Carolina and of government with his supporters, many of War has been changing very slowly. When a master’s in Latin American studies at them military men. In the process, Mr. Cha- the United States sent troops to Haiti to ‘‘re- Georgetown University. vez managed to insult the church, calling store democracy’’ many in the hemisphere His uncompromising views on Cuba have priests ‘‘devils in vestments.’’ He routinely believed perhaps America was truly standing made him a pillar of support for the Amer- attacked the rich, calling them oligarchs up for the democracy it claimed to hold so ican trade embargo of four decades. who should move to Miami. Most observers dear. That image now has been set back. His appointment was championed by Cuban agreed, Mr. Chavez was concentrating powers Worse yet, many in Latin America believe exiles, who supported Mr. Bush’s presidential into his own hands, severely crippling demo- that the Bush administration, with a sharp campaign, and viewed as a setback to advo- cratic institutions in his country. But he did focus on controlling oil markets, played an cates of more open contracts with Havana. it all within the law. important part in the failed coup. Wash- He has criticized corruption in Latin Amer- Then Mr. Chavez set out to work on the ington is denying it ever lent even tacit sup- ica and has advocated free trade. world oil markets. He paid visits to Muam- port to plotters although it admits that Cha- When the crisis flared up in Venezuela, Mr. mar Kaddafi of Libya, to Saddam Hussein in vez adversaries did seek support, and that Reich, who had made no secret of his disdain Baghdad, while continuing to develop a deep- the man who took office for a short time for Mr. Chavez, was ready to respond. He had ly personal friendship with Fidel Castro of after deposing Mr. Chavez was, in fact, in been the Venezuela envoy in the late ‘80s. Cuba, constantly irritating Washington. Mr. contact with Otto J. Reich at the State De- After that, as a lobbyist he numbered among Chavez helped OPEC set production quotas partment. Mr. Reich is in charge of Inter- his clients Mobil Oil, which has interest in and stick to them. He was instrumental in American affairs at the State Department. Venezuela.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00031 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.035 pfrm12 PsN: H23PT1 H1522 CONGRESSIONAL RECORD — HOUSE April 23, 2002 ‘‘My entire life I’ve done things that have along partisan lines where the major- had businesses go from one generation prepared me for this job,‘‘ Mr. Reich said last ity of one party is on the opposite side to the other, which as we know in this week. of the majority of the other party, and country is significantly diminished in Mr. Reich said the administration had had tonight is one of those nights that I large part due to the death tax. Let me no involvement or knowledge—indeed had been operating under an ‘‘information black- want to speak about an issue. just kind of point out a couple of out’’ in the first hours of the revolt on April The reason I bring this up is because things to start with. 11. of the impact it has on my district in Last year the President, with the He defended his decision on the next day to Colorado, and the impact that it has on help of the Congress, we put together a establish contact with Pedro Carmona the American dream and throughout tax reduction package. No matter how Estanga, the business leader who sought to this Nation, not necessarily the people hard we tried, we could not get the replace Mr. Chavez. He said the administra- from Colorado, but the people from the Democrats, and we had 58 of the Demo- tion would have been criticized even more other 49 States, and it is the death tax. crats in the House who came across, harshly had it failed to warn Mr. Carmona of It is a tax that the Democrats, time its desire to see democratic processes re- but the real impact, their leaders, we spected. and time and time again, go back to begged them to join us. We asked them, ‘‘I think it would be irresponsible not to do their districts and talk about how ter- come on, let us get rid of this death it,’’ Mr. Reich said. rible it is and come back here and vote tax. Look what is happening to middle f to support it, to keep the death tax in America. Look what this does. But we place. I am tired of it. This thing is could not get them to budge. b 1945 killing people out there, no pun in- The best we could do last year in our REPORT ON RESOLUTION PRO- tended. effort to eliminate the death tax was to VIDING FOR CONSIDERATION OF This death tax is devastating to a lot get a compromise to lift the exemp- H.R. 3763, CORPORATE AND AU- of American citizens. It is of little ben- tion. Here in 2004 it works its way up to DITING ACCOUNTABILITY, RE- efit to the government. Our govern- $2 million. In 2006, it works its way up SPONSIBILITY, AND TRANS- ment gets very little tax revenue from to $3 million; and 2010, it works its way PARENCY ACT OF 2002 this death tax; but time and time and up to $4 million, actually $3.5 million. time again, the Democrats continu- But guess what happens in 2010? Here is Mr. DREIER, from the Committee on ously through their leadership con- what the exemption is. In other words, Rules, submitted a privileged report tinue to support the death tax. Every if you have an estate worth $3.5 mil- (Rept. No. 107–418) on the resolution (H. time we talk about it, they make it lion, the first $3.5 million is exempt Res. 395) providing for consideration of look like we are talking about the from the death tax. the bill (H.R. 3763) to protect investors Gates families or the Ford families or Then in the year 2010, look what hap- by improving the accuracy and reli- those kinds of families out there. They pens in 2010. In the year 2010, the ex- ability of corporate disclosures made completely ignore the fact that the emption is zero, because guess what pursuant to the securities laws, and for wealthiest families in this country happens for 1 year? For 1 year the other purposes, which was referred to which they say that the death tax is di- death tax goes away. Zero. Then what the House Calendar and ordered to be rected at, those families have estate happens? Then all of a sudden it goes printed. lawyers and trusts. Those families have back to normal in 2011 because we f life insurance to take care of a death could not make it permanent. The rea- DEATH TAX and the costs related to that and the son we could not make it permanent is cost related to the death tax. we did not have enough Democratic The SPEAKER pro tempore (Mr. What the Democrats do ignore time votes in our conference committee to FORBES). Under the Speaker’s an- and time again is what it does to the come across. nounced policy of January 3, 2001, the middle class in this country. What do I Let me say again, colleagues, I do gentleman from Colorado (Mr. mean by the middle class? Look at not like to be partisan every time I MCINNIS) is recognized for 60 minutes what one has to own today to be sub- speak up here, I rarely am, but tonight as the designee of the majority leader. ject to the death tax. If you are in con- the issue demands it because it is a Mr. MCINNIS. Mr. Speaker, this struction, you are not a wealthy per- clear distinction between Democrats evening I want to cover a couple of son. Let us say you are a woman. And and Republicans. The Democrats con- points. Especially, I want to focus to- women in business, by the way, have tinually support the continuation of night on one area, and that is the death jumped dramatically, so the impact that death tax; the Republicans on a tax, and the differences between our against women that this death tax has continual basis oppose the death tax. parties, between the Republicans and also jumped dramatically. You will see Last year we were able to get a com- the Democrats when it comes to the the Democrats jumping up and down promise to at least lift the exemption. death tax. This is clearly reflected by about women in business and we are for The exemption, as my colleagues know, the votes of the last couple of years. women in business. is that amount of money that you get When I speak in Special Orders, most Next time you hear one of your Mem- before the government starts to tax of the time I try not to speak in a bers from your district say that, you your estate. It has been $675,000 before strong partisan fashion. There are a lot have to be prepared to defend. Why do the tax package agreement. So we had of issues that span both sides of the I vote for the death tax and why do I the tax package agreement which does aisle. There are a lot of issues that are support the death tax which has an in- not do away with the death tax ini- not necessarily a division between Re- appropriate impact on women in busi- tially, but allows you to lift the exemp- publicans and Democrats, but rather a ness? Let us say you have a woman tion. And that is what this chart re- division between urban and rural areas; who owns a couple of dump trucks, a flects, from $675,000 on up to $3.5 mil- or there are issues that partisanship is backhoe and a small office building, lion, and then the death tax actually divided, not Republicans and Demo- not a big office building, just small. goes away for 1 year. But then it sun- crats, but geographical location in the Let us say she has a trailer and a semi sets. Nation. to haul the backhoe around on. She is What is sunset? Sunset, as my col- For example, many times I have now subject to the death tax upon her leagues know, this tax bill evaporates taken this podium and spoken about death. and we go back to the same taxes we water in the East as compared to water What is the death tax and how does it had in 2000. In other words, we are back in the West, the issues of public lands work? That is what we are going to to a $675,000 exemption which takes which are almost exclusively found in talk about this evening, because I want that woman contractor that only owns the West as compared to the private Members to understand clearly how a backhoe, a dump truck, and some lands found in the East. There are a negative the impacts are. Tonight I in- other equipment and maybe a small of- number of different issues, so not every tend to read a few letters from fami- fice building, it makes her estate sub- issue that we deal with up here falls lies, diverse in their interests, farm ject to the Federal death tax. along partisan lines. But there comes a families, small business families, con- Let us talk about what the Federal time when there is an issue that falls tractors, children of families who have death tax is, and we need to make this

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00032 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.041 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1523 clear at the beginning. The death tax is let’s penalize those people. They’ve point of absurdity. That point is not on property that has not been made too much money. They shouldn’t reached when you put the death tax in taxed. This is not property that one be able to pass that money from one place. has been able to evade the tax man for generation to the next. After all, the Let me just cover a couple of points. many years, that the people who own government needs the money to fight a One point I want to make before we get this property have not carried their war or to fight a depression. Let’s go started too much here is these people fair share. They have. They paid taxes ahead and let’s go after those fami- that come out, and I heard this just the on it when they bought it. But the gov- lies.’’ other day, somebody said, ‘‘Why are ernment comes in and says it does not Well, they did. Of course, what did you complaining about the death tax? matter to us that you paid taxes once those kinds of families do? They have That’s what life insurance is for.’’ or twice, or in some cases three times, the resources to hire the necessary pro- For example, a ranching family. The we are going to tax it again simply be- fessional help, which is legal, of course, ranching family, usually most ranch- cause of the event of death. Even to hire the necessary professional help ing families are what you would call though your property has been taxed, so that their impact on this is not land rich, cash poor. The land has been even though you have paid for it again nearly as significant as the impact is around and they have accumulated and again and again in some cases, you on middle America. So this tax got put land, but the revenue that comes off still get taxed as if it were never taxed into the system, more of a target to- the land is very limited. They do not upon your death. wards Carnegie and Ford. have a lot of cash. So you talk to peo- How did such an egregious tax start? So this tax gets created, put into our ple, and this is what happened to me Let me say there is no justification, in taxing system, and I will tell you the other day. I was talking to some- my opinion, for the death tax anywhere something; once the government fig- body, in this particular case we were in our tax system. If you take a look at ures out a tax, it is very, very hard to talking about a ranch in Colorado. I the history of our tax system, if we ever get rid of it. The battles that we was talking about that family. He said, look at it from a historical view, the had on the floor last year, I was as- ‘‘Well, the death tax isn’t unfair. debates when we put taxes together tounded that any Democrat stood up That’s why you have life insurance. Go throughout the history of this country, and defended the death tax, that any out and buy life insurance.’’ I heard when we came up with the income tax, Democrat could stand up and do that. that last year from some of the Demo- nobody ever envisioned, certainly our By the way, to the best of my recollec- crats: ‘‘Why, you ought to go out and forefathers when they drafted the Con- tion, we did not have one Republican buy life insurance.’’ It was almost as if stitution would never have envisioned stand up and defend the death tax. the special interests up here in regards that upon your death the government Every Republican stood against it. And to life insurance had done a lot of lob- would come into property upon which to 58 Democrats’ credit, 58 of them, not bying right before to sell life insurance you had already paid your taxes and all of them, not even close, what is as a justification for the death tax. In tax it again. They never thought that that, maybe a fourth of them, a fifth of this particular case when I was talking would happen. them stood up to oppose it; four-fifths to the individual about this ranch, I Mr. Speaker, how did it come about? of them supported this death tax. So said, ‘‘Oh, yeah? Why don’t you pick up It came about because of jealousy. In this thing has continued and continued a telephone. You show me one life in- this country the American dream is to and continued. I hope the Senate has surer that is going to be willing to sell succeed. We educate our kids. All of us some kind of vote on this thing, that a life insurance policy to the 65-year- grew up with the dream of some type of we can eliminate this death tax. old rancher that owns this ranch.’’ success. Having a family is, of course, This death tax does not serve any of Where do you think he is going to get one of our big dreams; I as a father, my us. It does not help the government in the money, or in this case he and she, wife as a mother, one of our big dreams revenues. Let me tell you, it does not because it was a husband and wife oper- is to have something to leave to our just go against the wealthy people at ation. Actually the husband was 67 and kids so our kids can get a start in their all. You would be surprised, colleagues, the wife was 65. Who do you think is life. when you go back to your district, going to insure them? Oh, sure, they I cannot leave my congressional seat, take a look that anybody that is at all will start writing you life insurance at obviously, but I always did dream, I did financially successful, in some of your 67 or 65, maybe if you get a million-dol- dream of having something physical States like California where you have lar policy they will sit down and write like a construction company or some high home prices, or in Massachusetts you for a premium of a couple of hun- kind of business that I could get my or in any of those kind of communities, dred thousand bucks a year. kids to work with me, and then turn if a person owns their home in some of That is the whole point. The small the business over to them. Well, this those communities free and clear, they people, middle class America, the mid- tax dashes that. This tax puts a knife could be in that category where they dle class of economics here, they can- in the center of it. It is amazing how face a death tax simply because of the not afford the premiums for life insur- few base businesses pass to the second fact they saved their money, they paid ance to take care of this unjustified generation. I think 70 percent do not the taxes on their house when they tax. Why should they have to buy it in make it to the second generation, and bought the house, they worked hard, the first place? How can you in a demo- 80 percent do not make it to the third they got the house paid off, and now all cratic society that practices cap- generation. Those are pretty rough of a sudden upon their death the family italism, how can you justify a tax numbers. to whom they want to leave this to will based solely on the fact that you have How can one conceive such a tax like have to pay the taxes. died on property that you have already this? Why would the lawmakers put You will understand after I read paid taxes upon? How can you do that? this tax in place? As I said, it is jeal- some of these letters. We are not talk- You cannot justify it. ousy. We urge people to be great, enjoy ing about the Gates family here. We Let me jump in here and read some the fruits of your labor. Have Members are not talking about the wealthiest letters to you. Again, I do not speak heard that before, enjoy the fruits of families in the country. We are talking from written notes. These are actual your labor? Around the turn of the cen- about middle America. And we are letters that I have received in regards tury, there were some big families talking about the need to stand up and to this terrible death tax and what it which made a lot of money, the Rocke- say enough is enough. does. These people feel like they have fellers, the Carnegies, the Fords, Look, we all have to pay taxes. That been fooled, that the death tax goes Chrysler, a lot of these big families, is how we fund things. That is how we away in 2010 and then it leaps from the and there was a lot of jealousy at that fund our highways, our schools. Thank grave, as the Wall Street Journal puts point in time. goodness we paid taxes many, many it, leaps from the grave the next year. years ago and funded a terrific mili- By the way, any of you that cannot af- b 2000 tary, a machine that could protect this ford life insurance, whose family will The government decided to respond Nation in a time of need. But there is be devastated by the death tax, look, to some public pressure and said, ‘‘Hey, a point of ridiculousness. There is a do not die until 2010. Those of you from

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00033 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.062 pfrm12 PsN: H23PT1 H1524 CONGRESSIONAL RECORD — HOUSE April 23, 2002 an economical point of view who are the death tax category, any of you sit- They all voted to eliminate it. Four- lucky enough to die at 2 minutes to ting here today, my guess is that any fifths or so of the Democrats supported midnight 2010, are going to be a whole of you that voted against eliminating the death tax and keeping it. lot luckier than those people who die 2 the death tax have already done your Let us go on. There are some other minutes after midnight and go back to estate planning so that you do not have interesting letters. Marshall writes a full estate taxation. to pay the death tax or so that you this letter, Marshall and his wife: Let me read some letters. minimize the death tax that you pay. ‘‘We have operated as a family part- ‘‘Dear Mr. MCINNIS: My guess is not one of you who voted nership since the middle 1930s. My par- ‘‘I’m writing to encourage you to against elimination of the death tax, ents died about 5 years apart in the keep up the battle of the death tax. As not one of you that is worth, say, over 1980s. And the death tax on each of an owner of a family business, it is ex- $1 million today, so you are going to be their one-fifth interest was three to tremely important that upon our subject to the death tax, not one of you four times more than the total cost of death, this business be able to be has not already protected yourself the ranch that was purchased in 1946.’’ passed to our daughter and our son, through some kind of legal counseling In other words, because of the death both of whom work with us in the busi- on how to evade it. That is the same tax, Marshall says his parents each ness, without the threat of having to thing that is referenced in this letter. owned a fifth, they each owned a fifth liquidate to pay inheritance taxes on It is always easy to stand up and say, of this ranch, and the taxes on each of assets that have already been taxed ‘‘Hey, I think it’s a good tax’’ when you their fifths exceeded what the original once. Of all the taxes we pay, this one do not have to pay it. purchase price of the ranch was. Where is double taxation and it’s unfair.’’ It is pretty interesting, is it not, the is the fairness in that? I can tell you that word is probably support for a tax comes from the peo- ‘‘Eliminating the death tax will go a the most accurate word of the whole ple who do not have to pay for it. That long way towards providing jobs.’’ letter. It is unfair. Where is the fair- is exactly what that ad was about. In fact, Marshall, I will give a couple ness in this, Democrats? You are the Let me go on to another letter. This of points here that I think are pretty guys that carried it. You are the guys one, by the way, was signed by Tony important, to tune in on Marshall’s let- who continue to support this. You are and his wife. ter. Sixty percent of small business the guys that put it in place. You are This is from John: owners report they would create new the guys that work against us to get ‘‘I wish there were some way I could jobs over the coming year if they knew rid of it. Again I want to stress, I am help to get these death taxes elimi- the death taxes were eliminated. Half not up here to start a partisan fight. I nated, the most discriminatory and so- of those who must liquidate the busi- am up here to clearly define where the cialistic taxes imaginable.’’ ness to pay the IRS will each have to lines are on the death tax. One party That is another key word, socialism. eliminate 30 or more jobs. To pay that has stood time and time again in uni- This is a society of capitalism. We have bill on average, small business will son to eliminate the death tax. The a democracy in the United States. We have to eliminate 30 or more jobs for other party, the majority of whom are not socialists, where we make ev- each estate. One-third of small busi- have stood time and time and time erybody equal, where we go out and ness owners today will have to sell out- again to look at an individual like this, say, ‘‘All right, Johnny, you have a right or liquidate a part of their com- a gentleman and his wife that want farm. You were successful in your pany to pay the death taxes. More than their son and daughter to continue in farm. Joey over here didn’t do any 70 percent of family businesses do not business and said, ‘‘Too bad. You’re work, wasn’t at all ingenious, didn’t do survive the second generation. And 87 rich. We need the money for society. anything to help society, but we’re percent do not make it to the third We’d rather take the money from those going to take the money and the re- generation. of you who work and achieve the Amer- wards that you had and we’re going to And Marshall, in talking to col- ican dream and pay your taxes, we’d equal it out.’’ That is what the original leagues, this letter from Marshall, let rather hit you with double taxation intent of the death tax was, and this me add something else for you to con- and transfer that money to people that individual, a fellow by the name of sider. The death tax hits women busi- don’t work.’’ John, picked up on that. ness owners hard. That is the essence of your argu- He says, are we in a socialistic soci- b 2015 ment. And it does not hold water. Let ety? Why do we have this death tax? me continue with the letter. Where is the fairness of it? He goes on: The impact of the death tax on small ‘‘I’m aware that several wealthy peo- ‘‘How can anyone,’’ and I want the business means it is especially threat- ple like, for example, Bill Gates Sr.’’— Democrats that voted to keep the ening to women who are creating small not Bill Gates, Jr.—‘‘Bill Gates, Sr., death tax in place, I want the Demo- businesses at twice the rate of men. and George Soros have come out crats to listen to this: ‘‘How can any- Since 1987, the number of female-owned against repeal of the death tax.’’ one advocate taxing somebody twice?″ ventures has doubled from 4.5 million Let me address that. These people How can you do it? Where is the fair- to 9.1 million. Last year, women-owned are the billionaires, or close to it. They ness of it? How can you tell me it is companies employed more than 27 mil- ran an ad, I think, in the New York not socialism? I do not care if it is a lion Americans, nearly 9 million more Times, the most liberal newspaper in millionaire or a pauper. It is not the than in 1996. And their annual sales the United States, they ran an ad that government’s money and the taxes have risen from $2.3 trillion to $3.6 tril- said, ‘‘Hey, we support the death tax. It have been paid. That is what he writes lion. The National Association of is only fair that rich people pay an in this letter. I do not care whether Women Businessowners strongly sup- extra tax on property that has already you are a pauper or a millionaire. It is ports eliminating the death tax. been taxed upon their death.’’ not fair. And the taxes have already So the next time, I say to my col- The Gates family has what is called been paid. leagues, and there is a campaign here, the Gates Foundation. What do you do Why should a family working for 45 the next time my colleagues are out when you have a foundation? You years and paying taxes on time every there on the campaign trail talking evade, and not illegally, you legally year, year after year after year, be about what they are going to do for are able to avoid those death taxes. forced into this position? I do not women, those of my colleagues who George Soros, do you not think know, John, other than the fact that voted to continue the death tax better George Soros has an entire roomful of we have Members of the U.S. House of be ready to explain to the women that trust attorneys? Do you not think Representatives, colleagues, who con- are asking you that question why you every person who signed that ad has al- tinue to support a death tax, who con- continue to support a tax that hurt ready made arrangements to get tinue in force, especially, and there is a women unproportionately. around the death tax? I would venture huge party difference on this, and let Let me go on from Marshall’s letter: to challenge every one of my col- me repeat again. Last year, to the best ‘‘I have 3 sons involved in our oper- leagues, any of my colleagues today of my knowledge, not one Republican ation, and a grandson starting college whose net worth would put them into stood up and supported the death tax. next year. It is important that we keep

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00034 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.064 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1525 agriculture viable to keep our beef in- believe in kind of a socialistic pattern, the death tax do we think went back to dustry from being integrated. We must that upon a death, the property should that community after Washington got make sure that our youth can stay on go to the Government and be redistrib- its hands on it? Probably not a thou- our ranches and farms.’’ I agree with uted back into the communities, take a sandth of a percent. Probably not one- Marshall. look at that scale and tell me about thousandth of a percent ever made it Let us go on to Nathan. This is an in- the impact. back to the community. And for those teresting letter. This is a young man. I want to tell my colleagues about a Democrats who continue to support the This is a young college student, a col- true story down in my district. We had death tax, you go down to the local lege student who looks out into his fu- a very wealthy individual. This indi- church down there or to the local char- ture and perceives kind of what this vidual, by the way, started as a janitor ity or to those local people that no death tax is going to mean to him and in a local construction company. His longer have their jobs and explain why to his family: ‘‘I am a college student. name was Joe. Joe Ashley started out, it was more important to transfer that I grew up in a family which has lived as I said, as a janitor; but he could money, to take it out of a small com- and thrived in agriculture. My parents keep books, so pretty soon he was munity in Colorado and move it to and grandparents are involved in a typ- keeping books for the construction Washington, D.C. under the theory that ical family farm. We have had the farm company. Over the period of his work when you die, this property should go more than 125 years. Grandpa is 76. He career which spanned 50 some years, he to the Government, that death should does not have long to go. My parents went from janitor to bookkeeper, be a taxable event. have been very worried and discussing worked in the bidding part of the busi- And I say to my colleagues, I know this situation over the last several ness, and pretty soon he owned a con- that when some of you are out there on months. My parents worry about the struction company, started his own the campaign trail, you try to avoid ’death tax,’ the eventual loss, and they construction company. Pretty soon he this, you get a direct look from a con- worry about how they are going to be was into real estate investment. He stituent, a small businessperson, a able to keep that farm going once he started up in a bank there in the com- woman in business, a farmer, a ranch- passes away. The loss of my grand- munity. Obviously, he was very suc- er, somebody who owns some property father will trigger this tax upon my cessful. He did not inherit it; he and they say, Congressman, what are family’s inheritance. My parents hope worked for it. He worked a lot of days, you going to do about the death tax? I that they will be able to pay this tax worked hard. The American dream, it hope every constituent out there de- without having to sell any part of our came true. mands that you give them an exact an- family operation that our family has What else did he do in the commu- swer, that they do not let you puff and worked so hard in maintaining over nity? What else? Well, he happened to fluff around it. Either you support it or these years. It does not look good.’’ be the largest contributor to his you do not. Do not hide it with all of The outlook really does not look church. In fact, he underwrote 75 per- these exemptions. good. Farmers and ranchers are having cent of the church’s budget. He was the That is what I am worried about this enough trouble keeping their family largest contributor in the community week. We are going to get an oppor- operations going. to the charities. He was the biggest tunity to see the death tax come to a ‘‘Statistics show that the farmers are booster for the sports club at the high vote I think in the other body. The having, from an economic viewpoint,’’ school. He employed the most people in question is are they going to dilute it he says, ‘‘a very difficult time, and yet, the community, gave jobs to people with a lot of other amendments? It is the Government continues to pursue sometimes that needed the jobs, but pretty simple. Do you support elimi- this death tax. Those who say some- did not exactly have the work for nating the death tax on a permanent thing about life insurance, we cannot them; but he put them to work. He basis, getting rid of it; or are you a afford the premiums. Statistics show found something for them to do. He supporter of the death tax? And if you that more than half of all of the people was probably the most popular indi- are, you ought to go talk to Chris, you who pay these death taxes had estates vidual in the community, not because ought to talk to some of these people, that are valued at less than $1 million. of his wealth, but because of his per- to Tony, to John, to Marshall and look My family falls under this category. It sonality, because of his compassion, be- them right in the eye and say to them does not seem fair to me. My family’s cause of what he did for people. He why you think it is appropriate for the farm is not located in a rich district, gave them jobs. He gave them an op- Government, upon your death, to come but I can tell you I needed to talk to portunity to protect themselves. and take your property simply for re- somebody. Even though we are not lo- Well, unfortunately, not too long distribution to other people that have cated where the land values are high.’’ ago, my friend, Joe, in this community nothing to do with you. That is exactly What he says here is their family is got cancer, terminal cancer; and he what happens with the money. still going to be subject to this puni- passed away. Do we know what hap- When the government takes the tive tax. And that is what it is. Do my pened to the money in his estate? After money and your property upon your colleagues know what the word ‘‘puni- they got done with capital gains, which death, do you think that they leave it tive’’ means? It means penalty. There is another tax we could discuss, but in that community? Of course they do is no way to explain the death tax to after they hit the family with capital not leave it in your community. Do our society other than to say it is a gains, and then they put the death tax you think they give it to a special penalty for success. It is a transfer of on top of that, 76 cents, 76 cents out of cause that you want it to go to? Of wealth devised strictly as that, as a every dollar went to the U.S. Govern- course not. That money is redistrib- penalty. It is not a net revenue for the ment. Now, do my colleagues think uted to sources you would not even government or, if it is, it is very, very that money stayed in that local com- imagine. That money is given out, minimal, by the time we take out all of munity where it was distributed by given out to somebody other than the the costs and so on of collection. So it Joe? When Joe made the money, the people that you had in mind. And peo- has very little benefit to the Govern- money stayed in the community. It ple, by the way, who did not contribute ment. Even those who are socialists or went to the local bank, it went to the to your success or your family’s sweat believe in what is good for all, we local charities, it went for local em- on the farm or in the small business or should have all of this equal treatment, ployment, it went for local investment. some other way it was accumulated. even when we take a look at the small But as soon as Joe died, the govern- Let me talk about another couple. benefit and we put it on the scale, that ment reached into this little tiny com- Here is H.B. and Roberta: ‘‘As you small incremental benefit that it gives munity out in rural Colorado and know, farming and ranching out here is to the Government as compared to the sucked that money out of that commu- no slam dunk. If our farm is ultimately devastating loss that it does to indi- nity and back to Washington, D.C. And faced with this death tax burden, there vidual families that are being hit with then what happens back here? The is absolutely no way we could ever af- this death tax, that scale looks just money gets redistributed. ford and justify holding on to our farm. like that. That is exactly what happens What percentage of the money they This, in turn, prevents us from the fol- to the scale. So even those of us who took out of that community through lowing.’’ Think about this, and to those

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00035 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.066 pfrm12 PsN: H23PT1 H1526 CONGRESSIONAL RECORD — HOUSE April 23, 2002 Democrats that support this, that vote There is a lot to be said for a farm land. But they haven’t had enough. The continually for a death tax, think that has generation after generation government has not had enough. Now about what I am saying. I am not say- and generation of family on it, but 80 they want to penalize us because we ing, I am just repeating it. These are some percent of that is not going to have been successful. But in the long constituents. These are constituents. happen primarily due to the death tax. run, Congressman, you do not just pe- ‘‘This, in turn, this death tax will keep Let us look at a couple of other let- nalize us, you hurt the institution of us, it will keep us from having a farm ters. Let me go on: our government. for future generations. We want to ‘‘Our 106-year-old mother passed And they are right. What we are keep it from becoming one more devel- away. Because we knew she was fearful doing is breaking up a family from opment out in the middle of the coun- of being placed in a nursing home and passing business from generation to try.’’ we never considered it an option, my generation. We are inviting the devel- This particular location is in Colo- husband and I took care of her in my opers to come in and destroy the open rado. Do we know what is going to hap- own home for 2 days a week, alter- space and build condos and parking pen to that farm if it does not continue nating with my siblings. She was alert, lots. There are a lot of things, a lot of to be a farm? It is going to become con- but she was in the hospital for 5 weeks. things that are being destroyed by this dominiums. Anybody that cares about When hoping to leave, she suddenly tax that cannot be justified. the environment ought to be ada- died. Now, guess what? We have discov- ‘‘We are one of only two or three mantly opposed to the death tax, be- ered that we have to sell the family ranchers left around here. Dad is 90 cause in areas like I come from, I come home which was acquired by our par- years old. We do not have much time to from a fairly wealthy part of the coun- ents in 1929. We are six children who decide what to do. Most ranches have try, I mean where the land has really worked in it and grew up in this home. been subdivided. One of the last to go increased in value. Same for California, was a family that had been there as same for Arizona, same for parts of b 2030 long as ours. When the old folks died, many of these States. Do we know ‘‘Prior to the WWII, my parents had the kids borrowed money to pay the what happens to that farm land? They a greenhouse business on 5 acres of taxes. Soon they had to start selling do not continue to do it as a farm once farm property. After the end of WWII, cattle to pay the interest.’’ they get their hands on it. The devel- the family returned from’’ the reloca- When they ran out of cattle, the opers come in, and they build con- tion center ‘‘where those of Japanese ranch was foreclosed on and now is in dominiums or they build strip malls or ancestry were incarcerated to our full development. That family which they lay down pavement; and that is home and signs that said, ’No Japs started out with this ranch, because of exactly what this family, H.B. and Ro- wanted.’ My father died of a heart at- the punitive interest that they had to berta, are saying. You are going to tack in 1953. My mother lost the busi- pay, the interest they had to pay on keep this land from being available to ness located on 2 acres (four green- the punitive death tax, it broke them. the deer and elk. By the way, we just houses, the heating plant, and the Now they live in a trailer court on the saw over 600 head of elk this afternoon, packing shed which had two bedrooms other side of town. and you are going to keep it unavail- above where many of us slept’’ when Who would ever imagine this is what the American dream was all about? able for other uses. they were children, or spent many ‘‘Scott, we are only able to meet the nights as children. It went to the These letters go on and on and on. daily operating costs of our farm under State. Every one of my colleagues, every one the present economic conditions of ag- ‘‘My mother was able to keep the of them, has a duty, in my opinion, to riculture. Unless there is some kind of family house, which she and my father go out to their constituents that are positive action to eliminate this death built. The property lost its access facing this tax. They have a duty. And to those constituents of theirs tax, we must start making the nec- frontage and now can only be reached whose businesses will be threatened be- essary plans to arrange our affairs so by a dirt road in the back. I might add cause of this death tax, they have a that my family is the ultimate winner that all my siblings and I worked many duty to go to them and be straight of lifelong struggles of both my par- hours in the business after school, with them. It is pretty easy because we ents, Roberta and me. We cannot allow weekends, and summer vacations. . . .’’ have a definitive vote on the record the IRS to take it. They do not deserve Because of this death tax, this prop- right up there. There is a recorded vote it.’’ That is what they say in here. The erty will have to be sold. I urge Mem- that took place. Government does not deserve it. We bers and I ask Members, where is the Members ought to be straight with have already paid our taxes. They say fairness? How do we answer a letter them and say, ‘‘Look, I tried to elimi- it right here. ‘‘We have already paid like that? What do we say? nate the death tax on a permanent our taxes. Why are they coming back Look at this: ‘‘My family has basis. I tried to even minimize the again? Is it just solely for the purpose ranched in northern Colorado for 125 death tax.’’ Or if they are from the of breaking us, of breaking up the fam- years.’’ That is what Derek says. ‘‘My other side of the aisle, they would say, ily farm so it goes to condominiums, of sons are the sixth generation to work ‘‘I support the death tax, even though taking out the ability for wildlife to this land. We want to continue, but the it will break you; even though it brings enjoy those resources? Of taking the IRS is forcing almost all ranchers and very little benefit to the government.’’ heritage of the family, the dream of many farmers out of business.’’ He says Even though the money that a death many families to pass it from one gen- the problem is the estate taxes. tax is levied against is money that is eration to the next generation?’’ In Colorado, ‘‘The demand for our taken out of the local community and Folks, do we not think that the Gov- property is very high and 35-acre transferred to Washington, D.C., they ernment ought to be in the business of ranchettes are selling in this area’’ for supported that. encouraging business to go from gen- unbelievable amounts. They have a lot Keep in mind, as I said, and I will eration to generation? Certainly my of acres. ‘‘We want to keep it open summarize it with this, I started my colleagues would agree, I would hope. A space.’’ They want to keep it as a farm. comments this evening by saying that lot of my colleagues do not, but cer- They want to keep it in the family. my general intent when I may speak at tainly I would hope that at some point They want their sons and daughters to night on these nightside chats is not to my colleagues come to the agreement continue to work it, as they had the get into partisan flavor, because, as I that the Government really has a role American dream of putting their hands described, there are a lot of issues up reversal here. They have it all wrong. in the soil, but the government is mak- here that are not partisan. They are What the Government ought to do in- ing it impossible because they have a based more on geographical dif- stead of breaking up family business or death tax. They want to penalize them. ferences, the East and West, the cities family farms and preventing it from Mr. Congressman, we have paid these and the rural areas. That is generally going to generation to generation, the taxes. This family has paid our taxes what I like to focus on. Government ought to encourage it. The when we bought the land. We pay our But this issue is hitting us so hard, Government ought to put incentive out taxes for our equipment. We pay our and here there is a clear division be- there. taxes on any revenue we take off this tween the parties. Not one Republican,

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00036 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.068 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1527 to the best of my knowledge, not one and to concerns that big business has easier for developers and mining com- Republican stood up last year in sup- about environmental protection, envi- panies to destroy more streams and port of the death tax. Every Repub- ronmental regulation. Very little con- wetlands. Keep in mind that 50 percent lican, to the best of my knowledge, cern has been focused on the impact of of the wetlands in the country have al- every one of them that is a Republican these changes in environmental protec- ready been destroyed, so now we are opposed the death tax. tion on the average American. just accelerating the pace. The same cannot be said for the Mr. Speaker, the Democrats are com- For more than a decade, the corner- Democrats. That is why I am taking mitted to preserving America’s air, stone of the United States’ approach to this partisan approach, not to attack water, and pristine lands for future wetlands protection has been a policy unnecessarily, but to say, come on, it generations, and are fighting to make that calls for no net loss of wetlands. is time to draw the line in the sand. sure that environmental protection This is a policy, I might add, that Why is it that four-fifths of the Demo- and public health are not sacrificed to originated with the first Bush adminis- crats in this House, why is it that they the corporate special interests. tration. continue to support this death tax? I have been concerned, Mr. Speaker, I want to stress tonight that when I Why is it that they will not stand with to see both the President and the Re- talk and criticize this administration us shoulder to shoulder to eliminate publican leadership in the Congress not and the Republican leadership in this the most punitive tax ever known in handling in a responsible way what House for doing things contrary to the the history of this country? needs to be done to protect our air, environmental interest, I am not sug- The reason is simple. The reason is water, and land from the polluters, and gesting that historically the Repub- because they think it is appropriate to forcing taxpayers to pay for the clean- lican Party or Republican Presidents take money from an individual family, up of many pollution problems, such as have taken that view. In fact, it is just to take money from a community and hazardous wastes or Superfund sites, the opposite. We know about Theodore transfer it to Washington, D.C.; take instead of having the brunt of the cost Roosevelt, a great conservationist. money and transfer wealth from this paid for by the polluters themselves, Most of the environmental protection person to this person, for no other jus- the corporations and other responsible laws that we have on the books date tification than the fact that the person parties. from the 1970s, when Richard Nixon that had the money or had the small So in the aftermath of Earth Day, was the President. Even the first Presi- business or had the farm or had the Mr. Speaker, I wanted to basically out- dent Bush did a lot to protect the envi- ranch is no longer alive. line in some detail this evening some ronment. They cannot fight them anymore, so of the concerns I have about what has But I see a concerted policy now with I guess they think in the long run they been happening under President Bush, this President and the Republican lead- won. But frankly, in the long run, if we and also with the Republican leader- ership in this House to turn that continue with this death tax that has ship that has a majority here in the around. With no notice or opportunity been primarily or solely supported by House of Representatives. for comment, the U.S. Army’s Corps of the Democrats, we all lose. All of us I thought that I would start by de- Engineers moved to reverse the long- lose. tailing a few areas where I think the standing policy of no net loss of wet- It is time to eliminate the death tax actions of this administration and the lands by issuing a new guidance dra- once and for all. I urge all of us on both Republican leadership in the Congress matically weakening standards for sides of the aisle to stand shoulder to have been particularly egregious. I wetlands mitigation. shoulder to eliminate this punishment wanted to start by talking about wet- The new standards allowed wetlands upon the American people. lands protection, because I represent a to be traded off for dry upland areas, f district, a large part of which is along and will likely mean the loss of thou- the coast of New Jersey, along the sands of acres of wetlands annually. So THE CONTRAST BETWEEN DEMO- Sandy Hook and Raritan Bay. instead of having to mitigate, when CRATS AND REPUBLICANS ON We have traditionally in New Jersey they develop, the loss of wetlands in ENVIRONMENTAL PROTECTION had a lot of wetlands, a lot of which the area, they are able to basically ISSUES has been destroyed. But we are trying trade some other area in a different The SPEAKER pro tempore (Mr. very hard to make sure that what we place, far away from the development. FORBES). Under the Speaker’s an- have left continues to be protected. The consequence is that we continue to nounced policy of January 3, 2001, the Wetlands provide us, and I think have a greater loss of wetlands. gentleman from New Jersey (Mr. many of us know, crucial habitat for The reversal of this no net loss policy PALLONE) is recognized for 60 minutes fish and wildlife, and protect our on the part of the Bush administration as the designee of the minority leader. homes from floods by soaking up water is just one component, as I said, of a Mr. PALLONE. Mr. Speaker, tonight, from storms and releasing it slowly broader Bush administration effort to although I know it is the day after over time. America has lost about 50 diminish wetlands protection. Earth Day, I want to concentrate my percent of the wetlands that it started Next, I want to talk a little bit, Mr. remarks on the environment. The gist out with, and I do not think that we Speaker, about clean water. This is of my statements tonight are basically can afford to let anymore of it be de- particularly close to my heart because, to point out the contrast between the stroyed, Mr. Speaker. Yet, the Bush ad- as I said, my district is mostly along Democrats and the Republicans on en- ministration dramatically increased the Atlantic Ocean, along the Raritan vironmental protection issues. the ability of developers to develop the and Sandy Hook Bays, and along the Mr. Speaker, I have been very con- remaining wetlands, essentially losing Raritan River. Clean water is a major cerned over the last year or the last 18 those wetlands forever. issue for New Jersey in general, as well months that the new administration, On January 14 of this year, 2002, the as my district, because historically, we President Bush’s administration, both Bush administration undermined a bal- have suffered in my State from deg- in terms of actions in Congress with anced Army Corps of Engineers regula- radation of water quality. the Republican leadership or in agency tion protecting wetlands, which has One of the biggest problems we have actions as part of his administration, opened the floodgates for building by had historically in New Jersey, and has done a great deal of damage to the developers. The EPA opposed a Corps of this is true around the country, is a environment, and has basically used Engineers plan to allow more develop- problem with sewage and how to make the presidency and the power of agen- ment permits, but the White House sure that sewage is properly treated, cies to break down a lot of environ- sided with the industries, with the cor- and that we do not have raw sewage or mental protection, not provide the porate interests. This action resulted partially-treated sewage go into our type of enforcement action or the in increased wetlands development and waters, into our rivers, into our har- budgetary action that is necessary to the ability for developers to more eas- bors, into our ocean. protect the environment. ily qualify for development permits. Sewage containing bacteria, fecal Much of this has been linked to spe- The Army Corps loosened the permit matter, and other waste is responsible cial interests, to corporate interests, standards for this program, making it each year for beach closures, fish kills,

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00037 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.070 pfrm12 PsN: H23PT1 H1528 CONGRESSIONAL RECORD — HOUSE April 23, 2002 shellfish bed closures, and human res- consider very important that fall under Hughes, also sponsored it, and we piratory illnesses. So understand, when the clean water rubric that have been worked with some Republicans and I talk about the concern for clean slashed or are suffering because of lack passed this bill and finally got it signed water, it is not just because of human of funds or enforcement. into law in the last year of President health, though that is the highest pri- The first is the Clean Water State Clinton’s time in office, that would im- ority, but it is also because of the eco- Revolving Fund. Many people do not plement this type of program nation- nomic losses, the jobs that are lost be- realize it, but when a new sewage wide. Well, 2 years ago, as I said, this cause we have to close beaches, because treatment plant is built or upgraded or bill was passed, passed the House, people cannot use recreation areas. a new reservoir is constructed or up- passed the Senate, went to the Presi- According to the EPA, there were graded to make sure that the drinking dent and was signed into law by Presi- 40,000 discharges of untreated sewage water is safe, a lot of money comes dent Clinton; but that bill provided $30 into waterways in the year 2000. Before from the Federal Government. There is million a year in Federal grants to help the current Bush administration took a Clean Water State Revolving Fund coastal States protect their beaches office, the EPA issued long overdue that the Federal Government basically through water quality monitoring and rules minimizing raw sewage dis- puts money into for the States and the public notification, as I mentioned. charges into waterways, and requiring local municipalities or utilities to The administration’s budget cuts $20 public notification of any sewage over- build or upgrade these sewage treat- million out of this program. You are flows into our rivers and harbors. ment or drinking water facilities. not going to be able to implement it The proposed rules were blocked. In That is where the biggest cut took with only $10 million as opposed to the other words, these rules that were place in the President’s budget, in the $30 million. So I could go on and on going into effect to try to minimize the Clean Water State Revolving Fund. about the clean water issues, but I raw sewage discharge and the overflow, This program provides loans to mod- would rather move on to some other these rules were blocked by the regu- ernize and upgrade aging sewage and issues. latory freeze that was ordered by Presi- water treatment systems, and it is cut I am very much concerned about the dent Bush when he first took office in by $138 million in the President’s pro- clean water issues because of the na- January, 2001. posed budget. The Drinking Water ture of my district, but there are many Now, President Bush said then, as he State Revolving Fund is similar. I was other areas where this administration did in many of these situations where talking about the sewage treatment and the Republican leadership have cut he froze regulations that were about to upgrading fund when I talked about the back on environmental protection. I go into place that were protective of $138 million cut. But we see the same would like to mention some of those as the environment, he said at the time, problem with this Drinking Water well before I finish tonight. in essence, ‘‘Don’t worry about it be- State Revolving Fund, which deals The third area I wanted to mention is cause I am going to review these in a with the drinking water upgrades. clean air, obviously important to you short time, and I will come back and In fact, I think many people remem- no matter where you live in the United maybe continue the regulations, these ber that the Bush administration re- States. The Republicans, again, the Re- good regulations, or come up with bet- versed a previous executive order under publican leadership, the President, and ter ones.’’ President Clinton that increased the I do not mean to suggest that all Re- level of arsenic in drinking water to be publicans support this but certainly 2045 b deemed safe by the EPA after intense the leadership does and they are basi- Well, the fact of the matter is that it pressure by Democrats and moderate cally deciding what bills are posted is well over a year later and the Bush Republicans. Now they put in place here and the President is deciding what administration still has not issued the better arsenic standards. I think it is agency actions are taken. Basically, as sewage overflow safeguards. So the ten parts per billion so they are back I said, the President and the Repub- promise about coming up with a new to what President Clinton had initially lican leadership have undertaken a system that maybe would make it bet- put in place. But we did have the lag very deliberate effort, in my opinion, ter simply has not materialized. Mean- time when in fact it was not the strict- to undermine the bipartisan clean air while, sewage continues to flow into er safe drinking water standards for ar- act that has been on the books now our waters around the country, and the senic. But regardless of that, the bot- since the 1970’s, one of the bills that Americans are still denied even rudi- tom line is we need more funding to up- was started, one of the statutes that mentary public notice of such contami- grade our drinking water; and that was put on the books when President nating in the waters where they swim money has not been made available. Nixon was in office. and fish. Part of the regulatory scheme The third thing I would like to men- Again, a lot of this breakdown or ef- provided for notice about sewage con- tion is what I call the ‘‘beaches act’’ fort to downgrade and change in a very tamination, and that also was taken and what I am very proud of because I dangerous way the clean air act is away when the President essentially was the Democrat in the House that linked to energy policies of the utili- froze or took away the new regulations sponsored the bill along with a Repub- ties in the energy industry. And, of that were taken into place. lican colleague on a bipartisan basis. course, we know that the President is But when you talk about clean water, This was modeled after the State of very close to the oil industry. In fact, it is not just these regulations with re- New Jersey where we started a pro- the top administration EPA official in gards to sewage overflows and raw sew- gram a few years ago after we had mas- charge of enforcing air pollution regu- age that have been negatively im- sive beach closings in the late 1980’s lation for coal power plants, and coal pacted. There are a number of other and we lost billions of dollars in our power plants are a major source of air clean water programs that have been tourism industry because we had to pollution, he was so tired of fighting slashed because of budgetary cuts that keep our beaches closed for almost one the White House that he decided to re- have been put into place or suggested entire summer. We put in place a sys- sign I guess just a few weeks ago or for the next year by President Bush, tem on a State level in New Jersey about a month ago. And in his letter of and also by the fact that there have that would require that each town that resignation he said he was tired of been cutbacks in the people and the has bathing beaches, as well as any ‘‘fighting a White House that seems de- number of people that do enforcement State or private bathing beach as well, termined to weaken the rules we are to go out and survey and make sure would have to test on a regular basis trying to enforce.’’ That is from the that environmental laws are not being the water quality; and if the water New York Times last month, in March violated. I mean, if we have a law that quality did not meet a certain stand- of this year. is on the books; but you do not have ard, then the beach would have to be The President issued with a lot of the money or the people to go out and closed, and there would have to be pub- fanfare in this past February a new find the violators, then in effect we lic notice as well as posting of the fact clear skies initiative. And this was his have no law because people may just that you could not use the beach. answer, I guess, to clean air and it met not voluntarily abide by it. So I want- Well, I tried to take this bill and one a lot of cheers in the big industry lob- ed to mention three programs that I of my predecessors in Congress, Bill byists that have been contributing to

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00038 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.072 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1529 the Republican campaign coffers. But The point I am trying to make is power of industry and the needs and this clear skies initiative if passed into that even though, I think, we do not the lobbying efforts, if you will, of the law will increase the amount of smog, have to worry about drilling in the utility companies. I guess the best ex- soot, carbon dioxide, and toxic mercury Arctic anymore as an issue, the bottom ample of that in my opinion was when emitted by power plants, by the smoke line is that the Republican leadership the President reversed his campaign stacks, if you will, emissions by power in both Houses, as well as the Presi- promise with regard to carbon dioxide. plants and would roll back substan- dent, continue to push for drilling and The President’s energy plan proposes tially the clean air standards found in exploration as the major priority rath- requiring electric utilities to reduce the clean air act. The plan essentially er than energy efficiency, conserva- emissions and improve air quality. And provides no limits at all on carbon di- tion, and use of renewable resources. he talks about this multi-pollutant oxide emissions, the prime culprit in Let me give you, if I can, if I can just strategy to encourage a development of global warming. talk a little bit about some of these legislation that would establish man- I wanted to spend a little time, if I Republican energy policies and high- datory reduction targets for sulphur di- could, on the national energy policy light them a little bit in the time that oxide, nitrogen oxide, and mercury. Be- because I know that it is so important I have. cause of pressure from industry and to the average American; and of The President’s energy plan encour- anti-environmental leaders in the Con- course, our energy policy has been ages increased domestic oil production, gress and Republican leadership, the highlighted a great deal in the after- as I said, whether that means using President earlier this year reneged on a math of September 11 and the conflict new technology to enhance oil and gas campaign promise to include the regu- in the Mid East because of the concern recovery from existing wells, modi- lation of carbon dioxide emissions in that maybe oil supplies would be cut fying Federal land use plans that cur- this plan. off and what would the United States rently restrict energy development; b 2100 do in those circumstances. And the na- and the plan also calls for more natural tional energy policy that has been pro- gas pipelines and for streamlining the Obviously, the environmental com- posed by the President and the Repub- permit process to build more refineries. munity and myself and most Demo- licans differs dramatically from the na- In addition to exploration in the Arc- crats feel very strongly that carbon di- tional energy policy for the future that tic refuge, they also suggest that this oxide emissions have to be included if has been proposed by the Democrats. increased production is somehow going we are really going to get a handle on The Republican leadership and Presi- to correct other States’ electricity trying to fix the air pollution problem dent Bush continue to emphasize more problems. But I have to say, Mr. that we have. production, more drilling. Democrats Speaker, the bottom line is even if we The last thing I wanted to mention have talked about the need to address try, and we should try to increase do- in this regard with regard to the na- energy efficiency, renewable resources. mestic production overall in the United tional energy policy is a very impor- And Democrats have been very much in States, it is never going to provide the tant point I think; and that is, that favor of more production; but they kind of demand that we are used to on under the Clean Air Act, when it was want to couple that with more domes- an exponential level. We cannot as- passed and with subsequent amend- tic production, I should say, of oil and sume that we will be able to continue ments, standards were put in place for natural gas and coal; but we want to to grow and use more and more energy any new power plants that are built, couple that with energy efficiency, resources. We have to come up with a that they have to meet certain stand- conservation programs, use of renew- way of refining that policy or defining ards with regard to air emissions, but able resources because we realize that that policy so it is more efficient and the plants that were built when the we cannot forever depend on fossil non- does not waste energy resources. Clean Air Act came into effect are renewable fuels, and that we cannot as- Let me talk about renewables for a what we call grandfathered. In other sume that we will be able to consume minute because I think it is important words, they do not have to upgrade the the great amount of energy resources to stress that when it comes to energy plant to meet the air quality standards that we have been consuming and hav- resources that it is possible to use re- or air emission standards that exist for ing that increase on a regular basis. sources other than fossil fuels, non- new plants. Well, anyway, if I could talk a little renewables. Over the last 10, 20 years When that happened back in the sev- bit, I would like to this evening, Mr. regardless of who was President, we enties and when the Clean Air Act was Speaker, about the President’s na- continued a policy of trying to look for first passed, and again, that was under tional energy policy and this will fold renewables in a way of coming up with President Nixon, a Republican, it was in again the clean air issue that I men- energy resources, new types of energy anticipated that over the years, those tioned briefly before. As I said, the resources. The President says in his old power plants would close and they Bush national energy policy, the Presi- plan, in his energy plan, that he wants would be replaced by new power plants dent’s national energy policy, seeks to an increased focus on renewable and al- that have the stricter standards. But primarily spur exploration and produc- ternative energies; but once again what has been happening instead is tion of domestic oil and gas and in- when we look at the budget and where that the older power plants continue to crease the use of coal and nuclear the money is going and what is pro- operate and, in fact, have expanded and power. In fact, the White House plan posed for the budget, we see that those used the grandfathering under the ru- calls for the construction of more than programs have been downgraded. They bric of grandfathering to continue to 1,000 new power plants over the next 20 have not been prioritized. In many go by the old standards that caused years and of course includes the drill- cases they have actually been cut. more air pollution. ing in the Arctic National Wildlife Ref- In the President’s 2002 budget pro- What President Bush did or is pro- uge and other environmentally-sen- posal, it cuts Department of Energy posing to do is to take aim at this so- sitive areas. funding for renewable and alternative called new source review. That is how Now, thankfully, we all know that energy sources by 37 percent; solar re- we characterize the requirement, that last week the other body killed the search funding is cut by nearly 54 per- for new power plants they have to ad- drilling in the Arctic National Wildlife cent; geothermal, hydrogen and wind here to stricter standards, and if just Refuge, so it does not seem that we research programs were cut by 48 per- going by one of the environmental will have to deal with that. cent. Funding to encourage the build- groups’, National Resources Defense ANNOUNCEMENT BY THE SPEAKER PRO TEMPORE ing of energy-efficient homes and of- Council, quote that says, the Bush en- The SPEAKER pro tempore (Mr. fices and to reduce energy use at steel, ergy plan appears to invite all utility FORBES). The Chair will remind the glass, pulp and paper companies would and coal industries, the Department of gentleman to refrain from character- also be reduced under the proposal. Energy and other agencies, to weaken izing Senate action. Basically, what we are seeing, as I Clean Air Act rules and interfere with Mr. PALLONE. I am sorry. I tried said, again, is a budget policy and an pending enforcement cases. not to use the term Senate, but I will agency policy on behalf of the Bush ad- What happened is that previously the not characterize their action. ministration that seeks to enhance the EPA had actually sued some of the

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00039 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.074 pfrm12 PsN: H23PT1 H1530 CONGRESSIONAL RECORD — HOUSE April 23, 2002 utilities that owned these older power Congress established a tax primarily on that we should simply renew the plants and said that they were vio- the oil and chemical industry that is Superfund tax. It makes sense. That lating the law by expanding those older paid into a fund called the Superfund, was the whole idea from the beginning, plants and letting them use the older hence the name, and that that money that the polluter pay, or if we cannot pollution standards rather than build is then used to clean up those sites find the polluter, that the industry new power plants that would adhere to where we cannot find the polluter, the pay. the stricter standards, and the EPA responsible party. Again, so far as the Bush administra- brought this suit, was very successful What happened, though, is that the tion, President Bush has said he does and, in many cases, were at the point Superfund program was moving along, not favor reimposing that tax. The Re- where they were going to force some of and frankly, at the time when Presi- publican leadership in the House has the utilities to adhere to the new dent Clinton took office and the 8 years said that they oppose it, and we are at standards rather than expanding the that he was President, they accelerated a standstill and do not know what to older plants under the old standards. the level of the cleanup at a lot of sites do. Now the Bush administration has es- in the country so that now the major- The President’s budget this year sentially said that they are going to ity of the Superfund sites are in some calls for only about 40 Superfund sites step in and not require that these up- stage of cleanup, and many of them are to be cleaned up as opposed to the ap- grades take place. So, once again, it is actually completely done and totally proximately 80 that have been cleaned just another example of how this ad- remediated, as we said. up on the average, over the last 8 or 9 ministration is taking a very anti-envi- When the Republicans took the ma- years. So we know that the program is ronmental position. After over 30 years jority back in the House of Representa- already suffering because the number of continual upgrading of the environ- tives, I guess 7 or so years ago, and of sites to be cleaned up is half, and ment and environmental laws, now we Newt Gingrich became the Speaker at many of the States even in my own are seeing the Federal Government go the time, the first thing or one of the State of New Jersey and around the in the opposite direction. first things that the Republican leader- country, many of the States have been There are two other areas, Mr. ship did was to refuse to renew the au- told that the money is not going to be Speaker, that I wanted to talk about in thority for the Superfund tax. And so forthcoming from the Federal Govern- this regard. I actually only have one we have been going now for 7 years ment to do the Superfund cleanup, other area that I wanted to talk about without that tax on the oil and chem- even though those sites are ready and in this regard, and again, I take this ical industry being renewed. have a plan in place to do the cleanup. back to my home State because this is There was enough money carried In my home State, in my home dis- such an important issue in New Jersey, over over those last 7 years or so that trict, in my congressional district, and it is just as important really in the we have been able to continue to clean both in Edison, New Jersey, where we rest of the country and, that is, haz- up a lot of these sites using the money have a site called the chemical insecti- ardous waste sites. left over from this Superfund tax, as cide site, which basically produced We have, as I think many of us know, well as providing some money through Agent Orange during the Vietnam War, again dating back to the seventies, we the budget from what we call general and a lot of the residue is still there on put in place on a national level a pro- revenues. This is the money that the the site, they are ready to go with the gram called the Superfund, which es- average American pays in their income remediation plan they have been work- sentially requires that the Federal tax primarily, or other taxes, to the ing on for the last 20 years. And they Government identify the most severely Federal Government that has been have been told, no, they cannot start polluted hazardous waste sites in the used to make up for the fact that we do it, we do not have any money from the country, the ones that pose the great- not have this Superfund tax in place. Federal Government. est threat to the environment, and The problem is that this budget year There, again, the company that once they are identified and put on will be the last fiscal year when there caused the problem went bankrupt, what we call the national priority list, is significant money left in the Super- cannot be found, and so we cannot go that the Federal Government is obliged fund program generated by that tax on after the polluter, and there is no to go in and clean them up. And they the oil and chemical industry. In the money from the Federal Government. work with the States in doing that. next fiscal year, even the President es- Another site in Marlboro Township, The basic premise of the Superfund timates there will only be about $28 again these sites are some of the most program is the concept of what we call million left in the Superfund to do polluted Superfund sites in this coun- polluter pays. In other words, that the these cleanups. Twenty-eight million try. This one is called Burnt Fly Bog. company that caused the hazardous dollars is woefully inadequate. I think It was run by Imperial Oil Company, site to occur, the company that caused the level of funding that we need on an has all kinds of petroleum residue per- the hazardous waste to be produced and annual basis is in the hundreds of mil- colating from underground. That had left on a particular site is the one that lions. experienced about 80 percent cleanup has to pay the cost to clean it up. The So what do we do? Democrats have over the last 9 years, and they were problem, though, is, as anybody who is been saying since 1994, when the Re- supposed to do the last 20 percent familiar with corporate law knows, is publican leadership took over in the starting now in the next few weeks, that corporations, and therefore the House, that it was wrong to abolish or next few months. They were told by polluters that caused this pollution or not renew this tax on the oil and chem- the EPA, we do not have the money to these hazardous waste sites, often will ical industry because the consequences do it. go bankrupt, will go out of business, or eventually would be that we would not Here again what we are seeing, and we cannot find them. have money to pay for hazardous waste maybe the Superfund program is the So even though the Federal Govern- cleanups, and also that the burden now best example for me to use in the con- ment and the EPA pursuant to the would be shifted to the average Amer- text of what I am trying to get across Superfund program goes out and iden- ican taxpayer to pay for this cleanup, tonight, is that whether by regulatory tifies the Superfund sites and then rather than having it paid for by the action of the agencies or proposals to finds out who the responsible party was companies of industry that primarily come to Congress or budgetary efforts that caused the pollution, oftentimes, caused it. to cut back on the amount of money usually in about a third of the cases, Now we are faced with a crisis where that is available for cleanup or for en- the corporation no longer exists or in the next year or so we will not have forcement, we have seen a concerted ef- does not have any money, and they any money coming from this tax be- fort on the part of this administration cannot go after them and force them to cause there is nothing left. We have of President Bush to try to cut back on do the cleanup. been advocating as Democrats, I have environmental protections. What they did, and this was basically been advocating as the ranking mem- It is very unfortunate that on the an- what the Superfund law was all about ber on our Subcommittee on Environ- niversary of Earth Day, which was yes- from a financial point of view, was that ment and Hazardous Materials of the terday, we saw the President going when the Superfund law was set up, Committee on Energy and Commerce around the country talking about

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00040 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.077 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1531 Earth Day, but his actions and the ac- 6330. A letter from the Administrator, 6342. A letter from the Director, Office of tions of the Republican leadership in Rural Housing Service, Department of Agri- Personnel Policy, Department of the Inte- this House do not dovetail with real en- culture, transmitting the Department’s final rior, transmitting a report pursuant to the rule—Guaranteed Rural Rental Housing Pro- Federal Vacancies Reform Act of 1998; to the vironmental protection. In fact, the op- gram (RIN: 0575–AC26) received April 5, 2002, Committee on Government Reform. posite is happening, and they continue pursuant to 5 U.S.C. 801(a)(1)(A); to the Com- 6343. A letter from the Director, Office of to work to downgrade the environment mittee on Agriculture. Personnel Policy, Department of the Inte- and not provide the funding and the ap- 6331. A letter from the Chairman and Chief rior, transmitting a report pursuant to the portionment that is necessary to ade- Executive Officer, Farm Credit Administra- Federal Vacancies Reform Act of 1998; to the quately carry out the good environ- tion, transmitting the Administration’s Committee on Government Reform. 6344. A letter from the Director, Office of mental laws that are on the books. rule—Organization; Loan Policies and Oper- ations; Termination of Farm Credit Status Personnel Policy, Department of the Inte- I am not going to keep going, Mr. (RIN: 3052–AB86) received April 19, 2002, pur- rior, transmitting a report pursuant to the Speaker. I could use a lot of other ex- suant to 5 U.S.C. 801(a)(1)(A); to the Com- Federal Vacancies Reform Act of 1998; to the amples. But I did want to come here to- mittee on Agriculture. Committee on Government Reform. night to stress what is going on, and I 6332. A letter from the Alternate OSD Fed- 6345. A letter from the Director, Office of think that hopefully the American peo- eral Register Liaison Officer, Department of Personnel Policy, Department of the Inte- ple and my colleagues will wake up and Defense, transmitting the Department’s final rior, transmitting a report pursuant to the Federal Vacancies Reform Act of 1998; to the realize that this degradation of the en- rule—Civilian Health and Medical Program of the Uniformed Services (CHAMPUS)/ Committee on Government Reform. vironment cannot continue and that TRICARE; Partial Implementation of Phar- 6346. A letter from the Chairman, Federal the historical commitment that this macy Benefits Program; Implementation of Deposit Insurance Corporation, transmitting Congress and that previous Presidents, National Defense Authorization Act for Fis- the 2002 Annual Performance Plan; to the both Democrat and Republican, have cal Year 2001 (RIN: 0720–AA62) received April Committee on Government Reform. been making on a bipartisan basis to 18, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to 6347. A letter from the Chairman, Federal Election Commission, transmitting the Com- try to improve the quality of our envi- the Committee on Armed Services. 6333. A letter from the General Counsel, mission’s FY 1999–2001 Performance Report; ronment should continue and should Federal Emergency Management Agency, to the Committee on Government Reform. not be allowed to reverse itself as we transmitting the Agency’s final rule— 6348. A letter from the Acting Chairman, have seen in the last year or 18 months Changes in Flood Elevation Determinations National Endowment For The Arts, trans- into this administration. [Docket No. FEMA–D–7517] received April 4, mitting the FY 2003 Performance Plan and 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to the the FY 1999, FY 2000, and FY 2001 Perform- f Committee on Financial Services. ance Reports; to the Committee on Govern- LEAVE OF ABSENCE 6334. A letter from the General Counsel, ment Reform. Federal Emergency Management Agency, 6349. A letter from the Chairman and the By unanimous consent, leave of ab- transmitting the Agency’s final rule— General Counsel, National Labor Relations sence was granted to: Changes in Flood Elevation Determina- Board, transmitting the Board’s FY 2001 Pro- Ms. KILPATRICK (at the request of Mr. tions—received April 4, 2002, pursuant to 5 gram Performance Report and the FY 2003 Performance Plan; to the Committee on Gov- GEPHARDT) for today on account of U.S.C. 801(a)(1)(A); to the Committee on Fi- ernment Reform. business in the district. nancial Services. 6335. A letter from the General Counsel, 6350. A letter from the Director, Fish and Mr. CRANE (at the request of Mr. Federal Emergency Management Agency, Wildlife Service, Department of the Interior, ARMEY) for today on account of illness. transmitting the Agency’s final rule—Final transmitting the Department’s final rule— Endangered and Threatened Wildlife and f Flood Elevation Determinations—received April 4, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); Plants; Designation of Critical Habitat for SPECIAL ORDERS GRANTED to the Committee on Financial Services. the Quino Checkerspot Butterfly (Euphydryas editha quino) (RIN: 1018–AH03) By unanimous consent, permission to 6336. A letter from the General Counsel, Federal Emergency Management Agency, received April 8, 2002, pursuant to 5 U.S.C. address the House, following the legis- transmitting the Agency’s final rule—Final 801(a)(1)(A); to the Committee on Resources. lative program and any special orders Flood Elevation Determinations—received 6351. A letter from the Director, National heretofore entered, was granted to: April 4, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); Oceanic and Atmospheric Administration, (The following Members (at the re- to the Committee on Financial Services. transmitting the National Marine Fisheries Service Strategic Plan for Fisheries Re- quest of Ms. KAPTUR) to revise and ex- 6337. A letter from the Deputy Secretary, search, as required by Section 404 (a) of the tend their remarks and include extra- Securities and Exchange Commission, trans- mitting the Commission’s final rule—Reg- Magnuson-Stevens Fishery Conservation and neous material:) istration Form for Insurance Company Sepa- Management Act; to the Committee on Re- Ms. NORTON, for 5 minutes, today. rate Accounts Registered as Unit Investment sources. Mr. LIPINSKI, for 5 minutes, today. Trusts that Offer Variable Life Insurance 6352. A letter from the Assistant Secretary, Ms. KAPTUR, for 5 minutes, today. Policies [Release Nos. 33–8088; IC–25522; File OSHA, Department of Labor, transmitting (The following Members (at the re- No. S7–9–98](RIN: 3235–AG37) received April the Department’s final rule—Procedures for the Handling of Discrimination Complaints quest of Mr. NEY) to revise and extend 15, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Under Section 519 of the Wendell H. Ford their remarks and include extraneous the Committee on Financial Services. 6338. A letter from the Assistant General Aviation Investment and Reform Act for the material:) Counsel for Regulatory Law, Department of 21st Century (RIN: 1218–AB99) received April Mr. BILIRAKIS, for 5 minutes, April 24. Energy, transmitting the Department’s final 5, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); to Mrs. MORELLA, for 5 minutes, April rule—Beryllium Lymphocyte Proliferation the Committee on Transportation and Infra- 24. Testing (BeLPT)—received April 5, 2002, pur- structure. Mr. THUNE, for 5 minutes, today. suant to 5 U.S.C. 801(a)(1)(A); to the Com- 6353. A letter from the Chairman, Surface Transportation Board, Department of Trans- Mr. PAUL, for 5 minutes, April 24. mittee on Energy and Commerce. 6339. A letter from the Assistant General portation, transmitting the Department’s f Counsel for Regulatory Law, Department of final rule—Regulations on Safety Integra- tion Plans Governing Railroad Consolida- ADJOURNMENT Energy, transmitting the Department’s final rule—Guide of Good Practices for Occupa- tions, Mergers, and Acquisitions of Control; Mr. PALLONE. Mr. Speaker, I move tional Radiological Protection in Uranium and Procedures for Surface Transportation that the House do now adjourn. Facilities—received April 5, 2002, pursuant to Board Consideration of Safety Integration The motion was agreed to; accord- 5 U.S.C. 801(a)(1)(A); to the Committee on Plans in Cases Involving Railroad Consolida- ingly (at 9 o’clock and 14 minutes Energy and Commerce. tions, Mergers, and Acquisitions of Control 6340. A letter from the Acting Director, De- [FRA Docket No. 1999–4985, Notice No. 4] re- p.m.), the House adjourned until to- fense Security Cooperation Agency, trans- ceived April 19, 2002, pursuant to 5 U.S.C. morrow, Wednesday, April 24, 2002, at mitting the Department of the Air Force’s 801(a)(1)(A); to the Committee on Transpor- 10 a.m. proposed lease of defense articles to the Re- tation and Infrastructure. f public of Korea (Transmittal No. 03–02), pur- 6354. A letter from the Senior Regulations suant to 22 U.S.C. 2796a(a); to the Committee Analyst, Department of Transportation, EXECUTIVE COMMUNICATIONS, on International Relations. transmitting the Department’s final rule— ETC. 6341. A letter from the Director, Office of Procedures for Compensation of Air Carriers Personnel Policy, Department of the Inte- [Docket OST–2001–10885] (RIN: 2105–AD06) re- Under clause 8 of rule XII, executive rior, transmitting a report pursuant to the ceived April 16, 2002, pursuant to 5 U.S.C. communications were taken from the Federal Vacancies Reform Act of 1998; to the 801(a)(1)(A); to the Committee on Transpor- Speaker’s table and referred as follows: Committee on Government Reform. tation and Infrastructure.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00041 Fmt 4634 Sfmt 0634 E:\CR\FM\K23AP7.079 pfrm12 PsN: H23PT1 H1532 CONGRESSIONAL RECORD — HOUSE April 23, 2002 6355. A letter from the Program Analyst, By Mr. YOUNG of Alaska (for himself By Mr. TIAHRT (for himself and Mr. FAA, Department of Transportation, trans- and Mr. QUINN): KIRK): mitting the Department’s final rule—Estab- H.R. 4545. A bill to authorize appropria- H.R. 4557. A bill to reduce recurring report- lishment of Class E5 Airspace; Batesville, tions for the benefit of Amtrak for fiscal ing requirements imposed by law on the De- MS [Airspace Docket No. 01–ASO–19] re- year 2003, and for other purposes; to the partment of Defense; to the Committee on ceived April 3, 2002, pursuant to 5 U.S.C. Committee on Transportation and Infra- Armed Services. 801(a)(1)(A); to the Committee on Transpor- structure. By Mr. WALSH: tation and Infrastructure. By Mr. STUMP (for himself and Mr. H.R. 4558. A bill to extend the Irish Peace 6356. A letter from the Program Analyst, SKELTON) (both by request): Process Cultural and Training Program; to FAA, Department of Transportation, trans- H.R. 4546. A bill to authorize appropria- the Committee on the Judiciary, and in addi- mitting the Department’s final rule—Estab- tions for fiscal year 2003 for military activi- tion to the Committee on International Re- lishment of Class E Airspace; Andrews-Mur- ties of the Department of Defense, and for lations, for a period to be subsequently de- phy, NC; Correction [Airspace Docket No. 02– military construction, to prescribe military termined by the Speaker, in each case for personnel strengths for fiscal year 2003, and ASO–2] received April 3, 2002, pursuant to 5 consideration of such provisions as fall with- for other purposes; to the Committee on U.S.C. 801(a)(1)(A); to the Committee on in the jurisdiction of the committee con- Transportation and Infrastructure. Armed Services. cerned. 6357. A letter from the Program Analyst, By Mr. STUMP (for himself and Mr. By Mr. ROYCE: FAA, Department of Transportation, trans- SKELTON) (both by request): mitting the Department’s final rule—Amend- H.R. 4547. A bill to authorize appropria- H.J. Res. 88. A joint resolution proposing ment of Restricted Area 5201, Fort Drum, NY tions for fiscal year 2003 for military activi- an amendment to the Constitution of the [Docket No. FAA–2001–10286; Airspace Docket ties of the Department of Defense and to pre- United States to protect the rights of crime No. 01–AEA–11] (RIN: 2120–AA66) received scribe military personnel strengths for fiscal victims; to the Committee on the Judiciary. April 3, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); year 2003; to the Committee on Armed Serv- By Mr. ISRAEL (for himself and Ms. to the Committee on Transportation and In- ices. DELAURO): frastructure. By Mr. SMITH of Michigan (for him- H. Con. Res. 385. Concurrent resolution ex- 6358. A letter from the Acting, Director Of- self, Mr. PASCRELL, Mr. WELDON of pressing the sense of the Congress that the fice of Regulatory Law, Department of Vet- Pennsylvania, and Mr. HOYER): Secretary of Health and Human Services erans’ Affairs, transmitting the Depart- H.R. 4548. A bill to amend the Federal Fire should conduct or support research on cer- ment’s final rule—Board of Veterans’ Ap- Prevention and Control Act of 1974 with re- tain tests to screen for ovarian cancer, and peals Title Change (RIN: 2900–AL15) received spect to firefighter assistance; to the Com- Federal health care programs and group and April 4, 2002, pursuant to 5 U.S.C. 801(a)(1)(A); mittee on Science. individual health plans should cover the to the Committee on Veterans’ Affairs. By Mr. BAIRD: tests if demonstrated to be effective, and for 6359. A letter from the Chief, Regulations H.R. 4549. A bill to codify the duty-free other purposes; to the Committee on Energy Unit, Internal Revenue Service, transmitting treatment of imports of straight sawn shin- and Commerce. the Service’s final rule—Revenue Procedure gles of western red cedar; to the Committee 2001–56—received April 8, 2002, pursuant to 5 on Ways and Means. f U.S.C. 801(a)(1)(A); to the Committee on By Mr. BALDACCI: ADDITIONAL SPONSORS Ways and Means. H.R. 4550. A bill to amend the trade adjust- 6360. A letter from the Secretary, Depart- ment assistance program under the Trade Under clause 7 of rule XII, sponsors ment of Energy, transmitting proposed legis- Act of 1974 to clarify the eligibility require- were added to public bills and resolu- lation entitled, ‘‘Power Marketing Adminis- ments with respect to adversely affected tions as follows: tration Authority Act’’; jointly to the Com- workers who are engaged in self-employment mittees on Resources, Transportation and assistance activities, and for other purposes; H.R. 40: Mr. WYNN, Ms. KILPATRICK, and Infrastructure, and the Budget. to the Committee on Ways and Means. Ms. NORTON. H.R. 99: Mr. BALLENGER. f By Mr. GREEN of Texas: H.R. 4551. A bill to deem the nondisclosure H.R. 122: Mr. GEKAS, Mr. PETRI, and Mr. REPORTS OF COMMITTEES ON of employer-owned life insurance coverage of LATOURETTE. PUBLIC BILLS AND RESOLUTIONS employees an unfair trade practice under the H.R. 179: Ms. WATSON. H.R. 250: Mr. TANNER. Under clause 2 of rule XIII, reports of Federal Trade Commission Act, and for other purposes; to the Committee on Education H.R. 303: Mrs. MYRICK. committees were delivered to the Clerk and the Workforce, and in addition to the H.R. 440: Mr. LEACH, Mr. LANGEVIN, and Mr. for printing and reference to the proper Committee on Energy and Commerce, for a ISRAEL. calendar, as follows: period to be subsequently determined by the H.R. 491: Mr. SMITH of Washington, Mr. Mr. HANSEN: Committee on Resources. Speaker, in each case for consideration of DAVIS of Illinois, Mr. JACKSON of Illinois, and H.R. 2963. A bill to establish the Deep Creek such provisions as fall within the jurisdic- Mr. COSTELLO. Wilderness Area, and for other purposes; tion of the committee concerned. H.R. 536: Ms. DEGETTE. with an amendment (Rept. 107–416). Referred By Mr. HEFLEY: H.R. 548: Mr. OTTER, Mr. GRUCCI, Mr. to the Committee of the Whole House on the H.R. 4552. A bill to amend the National FORBES, Mr. KERNS, Mr. OSE, and Mrs. MINK State of the Union. Park Service Concessions Management Im- of Hawaii. Mr. HANSEN: Committee on Resources. provement Act of 1998 regarding certain H.R. 638: Mr. HOYER. H.R. 1448. A bill to clarify the tax treatment small contracts; to the Committee on Re- H.R. 699: Mr. GORDON. of bonds and other obligations issued by the sources. H.R. 826: Mr. BARTLETT of Maryland, Mr. Government of American Samoa; with an By Mr. LEWIS of Kentucky (for him- ADERHOLT, and Mr. PUTNAM. amendment Rept. 107–417 Pt. 1. self, Mr. TANNER, Mr. HAYWORTH, Ms. H.R. 835: Mr. SULLIVAN. Mr. SESSIONS: Committee on Rules. DUNN, Mr. HERGER, and Mr. BLUNT): H.R. 877: Mr. MCGOVERN, Mr. GRAHAM, and House Resolution 395. Resolution providing H.R. 4553. A bill to amend the Internal Rev- Mr. SOUDER. for consideration of the bill (H. R. 3763) to enue Code of 1986 to provide that the vaccine H.R. 914: Mr. ADERHOLT and Mr. MCINNIS. protect investors by improving the accuracy excise tax shall apply to any vaccine against H.R. 975: Mr. NETHERCUTT and Ms. BALD- and reliability of corporate disclosure made hepatitis A; to the Committee on Ways and WIN. Means. pursuant to the securities laws, and for other H.R. 984: Mr. DEAL of Georgia. By Mr. MEEKS of New York: purposes Rept. 107–418. Referred to the House H.R. 985: Mr. ROGERS of Michigan. H.R. 4554. A bill to establish a program Calendar. H.R. 1011: Mr. WATT of North Carolina. under which employees of the legislative H.R. 1073: Mr. JACKSON of Illinois and Mr. f branch may be reimbursed for the costs of LYNCH. graduate school tuition and fees, and for TIME LIMITATION OF REFERRED H.R. 1086: Mr. WAXMAN, Mr. STENHOLM, and BILL other purposes; to the Committee on House Administration. Ms. MILLENDER-MCDONALD. Pursuant to clause 2 of rule XII the By Mr. GARY G. MILLER of Cali- H.R. 1090: Mr. HINOJOSA and Mr. TANCREDO. following action was taken by the fornia: H.R. 1182: Mr. TIBERI. Speaker: H.R. 4555. A bill to amend the Internal Rev- H.R. 1256: Mr. LYNCH, Mr. LARSON of Con- necticut, and Mr. MENENDEZ. H.R. 1448. Referral to the Committee on enue Code of 1986 to exclude from gross in- H.R. 1265: Mr. GUTIERREZ. the Judiciary extended for a period ending come amounts paid by the Department of H.R. 1294: Mr. MCGOVERN, Mr. GOODE, Mr. not later than May 24, 2002. Defense toward the repayment of certain student loans owed by members of the uni- LEVIN, and Mr. FOLEY. f formed services; to the Committee on Ways H.R. 1305: Mr. GEKAS and Mr. ISRAEL. PUBLIC BILLS AND RESOLUTIONS and Means. H.R. 1324: Mr. SERRANO, Mr. HILLIARD, Mr. By Mrs. TAUSCHER: REYES, Mr. CUMMINGS, and Mr. SANDERS. Under clause 2 of rule XII, public H.R. 4556. A bill to suspend temporarily the H.R. 1354: Mr. CALLAHAN. bills and resolutions were introduced duty on a certain chemical; to the Com- H.R. 1360: Mr. HONDA, Mr. GONZALEZ, and and severally referred, as follows: mittee on Ways and Means. Ms. BALDWIN.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00042 Fmt 4634 Sfmt 0634 E:\CR\FM\L23AP7.000 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1533

H.R. 1464: Mr. SOUDER. H.R. 3670: Ms. JACKSON-LEE of Texas, Mrs. Mr. CANNON, Mr. FLETCHER, Mr. FERGUSON, H.R. 1522: Mr. WEXLER and Mr. LUTHER. DAVIS of California, Ms. SLAUGHTER, Mr. Mr. GOSS, Mr. WELLER, Mr. WICKER, Mr. WIL- H.R. 1581: Mr. FOLEY. ORTIZ, Mr. ROTHMAN, and Mr. RODRIGUEZ. SON of South Carolina, Mr. RAMSTAD, Mr. H.R. 1609: Mr. TAYLOR of North Carolina. H.R. 3686: Mr. JONES of North Carolina. HERGER, Mr. BOOZMAN, Mr. WHITFIELD, Mr. H.R. 1688: Mr. GEKAS. H.R. 3710: Mr. ROTHMAN. RADANOVICH, Mr. WAMP, Mr. SHIMKUS, Mr. H.R. 1764: Mr. HOEKSTRA, Mr. GUTKNECHT, H.R. 3713: Mr. JEFF MILLER of Florida. GALLEGLY, Mr. KIRK, Mr. CHAMBLISS, Mr. and Mr. JOHNSON of Illinois. H.R. 3717: Mr. SCHAFFER and Mr. THORN- BALLENGER, Mr. GRAHAM, Mr. EHRLICH, Mr. H.R. 1784: Mr. FOLEY. BERRY. CAMP, Mr. TAUZIN, Mr. GARY G. MILLER of H.R. 1795: Mr. SULLIVAN, Mr. BLAGOJEVICH, H.R. 3792: Ms. RIVERS, Mr. FRANK, and Ms. California, Mr. KELLER, Mrs. WILSON of New Mr. FOLEY, and Mr. HONDA. MILLENDER-MCDONALD. Mexico, Mr. GOODLATTE, Mrs. MORELLA, Mr. H.R. 1808: Mr. WYNN. H.R. 3794: Mr. BLUMENAUER, Mr. DAN MILLER of Florida, Mr. HAYES, Mr. H.R. 1810: Mr. FATTAH, Mr. KILDEE, and Mr. MCDERMOTT, Mr. INSLEE, Mr. BACA. ABERCROMBIE, Mr. BAIRD, Ms. BALDWIN, Mr. STRICKLAND. H.R. 3826: Ms. MCKINNEY. BARCIA, Mr. BERMAN, Mr. BISHOP, Mr. BRADY H.R. 1839: Mr. JONES of North Carolina. H.R. 3831: Mr. HAYES. of Texas, Ms. BROWN of Florida, Mrs. CAPPS, H.R. 1904: Mr. KENNEDY of Rhode Island, H.R. 3833: Mr. BISHOP. Mrs. CHRISTENSEN, Mr. CONDIT, Mr. COYNE, Mr. BENTSEN, and Mr. LEVIN. H.R. 3834: Mr. EVANS. Mr. CROWLEY, Mr. DAVIS of Illinois, Mr. H.R. 1911: Mr. SHOWS. H.R. 3847: Mr. MENENDEZ. DEFAZIO, Mr. DINGELL, Mr. EVANS, Ms. H.R. 1919: Mr. SAWYER and Mr. UPTON. H.R. 3884: Mr. UDALL of New Mexico and ESHOO, Mr. FALEOMAVAEGA, Mr. FROST, Mr. H.R. 1935: Mr. CARSON of Oklahoma, Mrs. Mr. MCDERMOTT. HALL of Ohio, Ms. HARMAN, Mr. HONDA, Mr. LOWEY, Ms. MCCOLLUM, Mr. HEFLEY, Mrs. JO H.R. 3890: Mrs. CLAYTON. JACKSON of Illinois, Ms. JACKSON-LEE of ANN DAVIS of Virginia, Mr. MENENDEZ, Mr. H.R. 3900: Mr. WHITFIELD. Texas, Ms. KAPTUR, Mr. KENNEDY of Rhode CHAKOWSKY HASTINGS of Florida, Ms. VELAZQUEZ, Mr. H.R. 3912: Ms. S . Island, Ms. KILPATRICK, Mr. KIND, Mr. H.R. 3956: Ms. MCCOLLUM. GRAHAM, Mr. SAWYER, Mr. WATTS of Okla- LANGEVIN, Ms. LOFGREN, Mr. LYNCH, Mr. H.R. 3957: Mr. EVANS. homa, Mr. CASTLE, Mr. WAMP, Mr. FRELING- MALONEY of Connecticut, Ms. MCCOLLUM, Mr. H.R. 3974: Mr. DOOLEY of California and Mr. HUYSEN, Ms. ROYBAL-ALLARD, Mr. STRICK- MCGOVERN, Ms. MCKINNEY, Mr. MCNULTY, DEFAZIO. LAND, Mr. EVANS, Mr. NADLER, and Mr. Ms. MILENDER-MCDONALD, Mr. MORAN of Vir- H.R. 4000: Mr. PAUL, Mr. WYNN, Mr. LOBIONDO. ginia, Mr. NADLER, Ms. NORTON, Mr. RAHALL, LANGEVIN, and Mr. EVANS. H.R. 1943: Mr. GREENWOOD. Mr. SAWYER, Mr. SCHIFF, Mr. SERRANO, Mr. H.R. 4003: Mrs. DAVIS of California. H.R. 1956: Mr. BRYANT, Mr. EHRLICH, and SHERMAN, Mr. TURNER, Ms. WATERS, Mr. H.R. 4014: Ms. VELAZQUEZ, Mr. KIND, and Ms. MCCARTHY of Missouri. WATT of North Carolina, Mr. WEINER, Mr. Mrs. JOHNSON of Connecticut. H.R. 1979: Mr. SIMMONS and Mr. HAYES. WEXLER, Ms. WOOLSEY, Mr. WYNN, Mr. COL- H.R. 4018: Mrs. THURMAN, Mr. FRANK, and H.R. 2125: Mr. WATKINS, Mr. LANGEVIN, Mr. LINS, Mr. FATTAH, Mr. DAVIS of Florida, Mrs. Mr. MCGOVERN. MCINTYRE, and Mr. WU. BIGGERT, and Mr. OXLEY. H.R. 2148: Mrs. DAVIS of California. H.R. 4030: Mr. MCHUGH. H.R. 2173: Mrs. LOWEY, Mr. PETERSON of H.R. 4066: Mr. MURTHA, Mr. BOEHLERT, Mr. f Minnesota, Mr. BRADY of Pennsylvania, Mr. HOEFFEL, Mr. ENGEL, Mr. BAIRD, Mr. FROST, DELETIONS OF SPONSORS FROM WYNN, and Mr. LANTOS. and Mr. KIND. PUBLIC BILLS AND RESOLUTIONS H.R. 2219: Mr. GALLEGLY. H.R. 4089: Ms. VELAZQUEZ, Ms. ROYBAL-AL- H.R. 2374: Mr. TIBERI and Mr. SCHROCK. LARD, Mr. CLAY, and Ms. NORTON. Under clause 7 of rule XII, sponsors H.R. 2388: Mr. GIBBONS. H.R. 4091: Ms. VELAZQUEZ, Ms. ROYBAL-AL- were deleted from public bills and reso- H.R. 2405: Mr. SERRANO and Mr. FOLEY. LARD, Mr. CLAY, and Ms. NORTON. lutions as follows: H.R. 2419: Mr. LYNCH. H.R. 4108: Mr. CANTOR, Mr. STENHOLM, Mr. H.R. 448: Mr. MCDERMOTT. H.R. 2592: Mr. WYNN and Mr. SANDERS. SHADEGG, and Mr. GREENWOOD. f H.R. 2631: Mr. WAMP. H.R. 4119: Mr. HASTINGS of Florida. H.R. 2670: Mr. LARSEN of Washington. H.R. 4169: Mr. SAM JOHNSON of Texas. AMENDMENTS H.R. 4187: Mr. BALDACCI, Mr. SHAYS, Mr. H.R. 2674: Mr. CUMMINGS. Under clause 8 of rule XVIII, pro- H.R. 2820: Mr. DAVIS of Illinois, Mr. GILMAN, Mr. GEORGE MILLER of California, HILLEARY, Mr. CAPUANO, Mr. CONYERS, Mr. Mr. VISCLOSKY, Mr. DEFAZIO, and Mr. ROE- posed amendments were submitted as LARSON of Connecticut, and Mr. HINOJOSA. MER. follows: H.R. 2868: Mr. DOOLEY of California. H.R. 4194: Mr. ISAKSON, Mrs. CLAYTON, Mr. H.R. 3231 H.R. 2953: Mr. CROWLEY and Ms. PAUL, Ms. MCKINNEY, and Mr. JEFFERSON. OFFERED BY: MR. KOLBE H.R. 4209: Ms. BROWN of Florida, Mr. MILLENDER-MCDONALD. (Amendment in the Nature of a Substitute) H.R. 3068: Mr. CROWLEY and Mr. HINOJOSA. WEXLER, Ms. PELOSI, Mr. SMITH of Wash- AMENDMENT NO. 1. Strike all after the en- H.R. 3105: Mr. SHAYS. ington, and Mr. YOUNG of Alaska. acting clause and insert the following: H.R. 3113: Mr. UDALL of Colorado and Ms. H.R. 4446: Mr. GARY G. MILLER of Cali- RIVERS. fornia, Mr. DIAZ-BALART, Mr. WELDON of SECTION 1. SHORT TITLE; TABLE OF CONTENTS. H.R. 3132: Mr. EVANS, Ms. BERKLEY, Mr. Pennsylvania, Ms. PRYCE of Ohio, Mr. BART- (a) SHORT TITLE.—This Act may be cited as DINGELL, Mr. NEAL of Massachusetts, and LETT of Maryland, Mr. ENGLISH, and Mr. the ‘‘Immigration and Naturalization Serv- Mr. STARK. QUINN. ice Reorganization Act of 2002’’. (b) TABLE OF CONTENTS.—The table of con- H.R. 3139: Mr. LEVIN. H.R. 4483: Ms. ROS-LEHTINEN, Mr. OTTER, tents of this Act is as follows: H.R. 3185: Mrs. KELLEY. Mr. COBLE, Mr. TIBERI, Mr. PLATTS, and Mr. H.R. 3238: Mr. SKELTON. SHERMAN. Sec. 1. Short title; table of contents. H.R. 3244: Mr. MCINTYRE, Mr. LEWIS of Cali- H.R. 4515: Mr. PETERSON of Minnesota. Sec. 2. Activities within Department of Jus- fornia, Mr. MICA, Mr. NORWOOD, Mr. VITTER, H.J. Res. 40: Mr. LAMPSON. tice. Mr. PENCE, Ms. MCCOLLUM, and Mr. H.J. Res. 81: Mr. ENGLISH and Mr. Sec. 3. Activities within Department of ETHERIDGE. MCCRERY. State. Sec. 4. Activities within Department of H.R. 3320: Mrs. ROUKEMA and Mr. LUCAS of H. Con. Res. 46: Mr. ENGLISH, Mr. ISRAEL, Kentucky. Mr. GOODE, and Mr. CARSON of Oklahoma. Labor. Sec. 5. Conforming provisions. H.R. 3321: Mr. CRENSHAW and Mr. WATT of H. Con. Res. 177: Mr. OWENS. Sec. 6. Effective date; transition. North Carolina. H. Con. Res. 271: Mr. SAXTON. SEC. 2. ACTIVITIES WITHIN DEPARTMENT OF H.R. 3324: Mr. LANGEVIN and Mr. KENNEDY H. Con. Res. 301: Mr. GEKAS. JUSTICE. of Rhode Island. H. Con. Res. 315: Mr. CRANE and Mr. (a) ABOLITION OF INS.—The Immigration H.R. 3414: Mrs. ROUKEMA and Mr. KIND. ADERHOLT. and Naturalization Service and the office of H.R. 3430: Mr. KUCINICH, Mrs. CAPITO, and H. Con. Res. 346: Ms. MCCOLLUM. Commissioner of Immigration and Natu- Mr. WHITFIELD. H. Con. Res. 355: Mr. LANTOS, Mr. GILMAN, ralization are abolished. H.R. 3439: Ms. ROS-LEHTINEN, Mr. FROST, Mr. ROTHMAN, Mr. MENENDEZ, Mr. BRADY of (b) CONSOLIDATION OF BORDER PATROL, IN- Mr. KENNEDY of Minnesota, Mr. SOUDER, Mr. Pennsylvania, Mr. PALLONE, Mr. BERMAN, SPECTIONS, INVESTIGATIONS, AND REMOVAL CARSON of Oklahoma, Mr. MCGOVERN, and Mr. ACKERMAN, Mr. MCNULTY, Mr. CLEMENT, AND RELATED ENFORCEMENT FUNCTIONS WITH- Mr. HASTINGS of Florida. and Mr. CANTOR. IN A BUREAU OF IMMIGRATION ENFORCEMENT.— H.R. 3450: Ms. SLAUGHTER. H. Con. Res. 358: Mr. TOWNS, Ms. MCCOL- Title I of the Immigration and Nationality H.R. 3505: Mr. FRANK. LUM, Mr. HANSEN, Mr. RUSH, Mr. LYNCH, Mr. Act is amended— H.R. 3512: Mrs. MINK of Hawaii and Mr. WOLF, Mr. HALL of Texas, and Mr. HILLIARD. (1) by inserting the following after the HASTINGS of Florida. H. Con. Res. 378: Mr. PENCE, Mr. EHLERS, heading to the title: H.R. 3524: Mr. EVANS. Ms. HART, Mr. HOBSON, Mr. HAYWORTH, Mr. H.R. 3569: Mr. EVANS. KENNEDY of Minnesota, Mr. PICKERING, Ms. ‘‘CHAPTER 1—DEFINITIONS AND GENERAL H.R. 3595: Ms. RIVERS. ROS-LEHTINEN, Mr. SIMPSON, Mr. BROWN of AUTHORITIES’’; and H.R. 3626: Ms. VELAZQUEZ. South Carolina, Mr. CUNNINGHAM, Mr. CAL- (2) by adding at the end the following new H.R. 3661: Mr. MCHUGH and Mr. BONILLA. VERT, Mr. BRYANT, Mr. CASTLE, Mr. CHABOT, chapter:

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00043 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.021 pfrm12 PsN: H23PT1 H1534 CONGRESSIONAL RECORD — HOUSE April 23, 2002

‘‘CHAPTER 2—ADMINISTRATION OF ‘‘(1) IN GENERAL.—Such Assistant Secre- administrative fines against those found to IMMIGRATION SYSTEM taries shall be under the supervision and di- have violated the terms and conditions of ‘‘IMMIGRATION ENFORCEMENT THROUGH A BU- rection of an Under Secretary of State for such attestations, labor certifications, and REAU FOR IMMIGRATION ENFORCEMENT IN DE- Citizenship, Immigration, and Refugee Ad- applications. PARTMENT OF JUSTICE missions who— ‘‘(3) NOTICE.—The Secretary of Labor shall ‘‘SEC. 111. (a) ESTABLISHMENT OF BUREAU.— ‘‘(A) shall be appointed by the President, notify the Secretary of State of any finding There is hereby established in the Depart- by and with the advice and consent of the of a substantial failure to meet the terms ment of Justice the Bureau for Immigration Senate; and and conditions of such attestations, labor Enforcement. ‘‘(B) shall be compensated at the rate pro- certifications, and applications. ‘‘(b) DIRECTOR.— vided for at level III of the Executive Sched- ‘‘(c) CONSTRUCTION.—Nothing in this sec- ‘‘(1) APPOINTMENT.—The head of such Bu- ule under section 5314 of title 5, United tion shall be construed as affecting the ad- reau shall be the Director for Immigration States Code. ministration of section 274B (relating to un- Enforcement, who— ‘‘(2) RELATION TO OTHER AUTHORITY.—Such fair immigration-related employment prac- ‘‘(A) shall be appointed by the President, Under Secretary shall be in addition to such tices).’’. by and with the advice and consent of the Under Secretaries as are authorized under SEC. 5. CONFORMING PROVISIONS. Senate; and section 1(b) of the State Department Basic (a) IN GENERAL.—Notwithstanding any ‘‘(B) shall report directly to the Attorney Authorities Act of 1956. other provision of law, any reference in law General. ‘‘(c) FUNCTIONS.—The Assistant Secretaries or regulation to the Commissioner of Immi- appointed under subsection (a) shall perform ‘‘(2) COMPENSATION.—The Director shall be gration and Naturalization, to the Immigra- functions under the immigration laws relat- paid at the rate of basic pay payable for level tion and Naturalization Service, or the Ad- ing to adjudication of applications for citi- II of the Executive Schedule. ministrator described in section 104(b) of the zenship, immigration, and refugee status, ‘‘(c) FUNCTIONS.— Immigration and Nationality Act with re- and related benefits, both within the United ‘‘(1) IN GENERAL.—The Bureau shall per- spect to a function or authority shall be form functions under the immigration laws States and abroad, issuance of appropriate documentation, and overseas citizens serv- deemed a reference to the appropriate entity relating to the following: which has such function or authority under ‘‘(A) Prevention of illegal entry. ices, and related anti-fraud activities. ‘‘(d) REVIEW OF DECISIONS.—The Secretary chapter 2 of title I of the Immigration and ‘‘(B) Inspection at ports of entry. of State shall establish by regulation proce- Nationality Act, as amended by this Act. ‘‘(C) Apprehension and detention, including dures for internal review of decisions of con- (b) SUPERSEDING OTHER PROVISIONS OF programs of parole or supervised release. sular and other officers in granting, refusing, LAW.—Chapter 2 of title I of the Immigration ‘‘(D) Exclusion, deportation, and removal. or revoking visas, adjustment or change in and Nationality Act, as added by this Act, is ‘‘(E) Investigations, including investiga- immigration status, and naturalization.’’. amended by adding at the end the following: tions of immigration-related smuggling op- (b) FUNDING.—Section 286 of such Act (8 ‘‘RELATIONSHIP TO OTHER PROVISIONS erations and document fraud. U.S.C. 1356) is amended— ‘‘SEC. 114. (a) IN GENERAL.—The provisions ‘‘(2) DELEGATION OF DETENTION AUTHOR- (1) in subsection (m)— of this chapter supersede sections 103 and 104 ITY.—Under regulations of the Attorney Gen- (A) by striking ‘‘as are designated by the and other provisions of law to the extent eral, the responsibilities of the Bureau relat- Attorney General’’ and inserting ‘‘as are des- ing to detention of aliens may be delegated such provisions are inconsistent with the ignated by the Secretary of State’’, provisions of this chapter. to the Federal Detention Trustee. (B) by striking ‘‘directly by the Attorney ‘‘(b) NO APPLICATION TO ADMINISTRATION OF ‘‘(d) GENERAL COUNSEL.—There shall be a General’’ and inserting ‘‘directly by the Sec- REFUGEE ASSISTANCE.—This chapter shall position of General Counsel for the Bureau of retary of State, the Attorney General,’’, and Immigration Enforcement. The General not affect the administration of title IV of (C) by striking ‘‘by the Attorney General’’ this Act.’’. Counsel and his or her delegates shall, in ad- after ‘‘received’’; (c) SUBMISSION OF LEGISLATIVE PROPOSAL dition to such other duties as they may be (2) in subsection (n)— assigned by the Director for Immigration FOR TECHNICAL AND CONFORMING AMEND- (A) by striking ‘‘Attorney General’’ and in- Enforcement, shall represent the Bureau in MENTS.—Not later than 90 days after the date serting ‘‘Secretary of State’’, and all exclusion, deportation, and removal pro- of the enactment of this Act, the Attorney (B) by inserting ‘‘and other services de- ceedings before the Executive Office for Im- General, in consultation with the Secretaries scribed in section 112(c)’’ after ‘‘naturaliza- migration Review, including in proceedings of State and Labor and, as appropriate, with to adjudicate relief from exclusion, deporta- tion services’’; and the heads of other Federal agencies, shall tion and removal, and in other legal, judi- (3) in subsection (o), by striking ‘‘Attorney submit to the Congress, a legislative pro- cial, or administrative proceedings involving General’’ and inserting ‘‘Secretary of State’’. posal proposing such technical and con- the functions performed by the Bureau. SEC. 4. ACTIVITIES WITHIN DEPARTMENT OF forming amendments to the Immigration ‘‘(e) FIELD OFFICES.—The Bureau shall con- LABOR. and Nationality Act and other immigration- Chapter 2 of title I of the Immigration and duct its enforcement activities through field related laws as are necessary to bring the Nationality Act, as added by section 2(b) and offices. The location of such offices shall be law into conformity with the policies em- as amended by section 3(a), is amended by determined based upon the enforcement pri- bodied in this Act. adding at the end the following new section: orities of the Bureau and without regard to (d) CLERICAL AMENDMENTS.—The table of the location of previous district offices of ‘‘RESPONSIBILITIES OF DEPARTMENT OF LABOR contents of the Immigration and Nationality the Immigration and Naturalization Service ‘‘SEC. 113. (a) RESPONSIBILITY FOR Act is amended— or the location of service offices established VERIFICATION-RELATED ENFORCEMENT.— (1) by inserting before the item relating to to carry out section 112. Nothing in this sub- ‘‘(1) IN GENERAL.—The Secretary of Labor section 101 the following: section shall be construed as preventing the is responsible for enforcement of provisions ‘‘CHAPTER 1—DEFINITIONS AND GENERAL Bureau from continuing the use of regional of the immigration laws relating to AUTHORITIES’’; offices for administrative and managerial verification of employment authorization oversight of field offices.’’. under subsections (a)(1)(B), (a)(5), and (b) of (2) by amending the item relating to sec- SEC. 3. ACTIVITIES WITHIN DEPARTMENT OF section 274A. tion 103 to read as follows: STATE. ‘‘(2) ENFORCEMENT AUTHORITY.—The Sec- ‘‘Sec. 103. Powers and duties of the Attorney (a) IN GENERAL.—Chapter 2 of title I of the retary of Labor is authorized to impose pen- General.’’; Immigration and Nationality Act, as added alties under section 274A(e)(5) for violations and by section 2(b), is amended by adding at the of section 274A(a)(1)(B). (3) by inserting after the item relating to end the following new section: ‘‘(3) NOTICE.—The Secretary of Labor shall section 105 the following: ‘‘PERFORMANCE OF FUNCTIONS RELATED TO IM- notify the Director of the Bureau for Immi- ‘‘CHAPTER 2—ADMINISTRATION OF THE MIGRATION AND REFUGEE ADMISSIONS, ASY- gration Enforcement of any information dis- IMMIGRATION SYSTEM LUM AFFAIRS, CITIZENSHIP, AND PASSPORT covered concerning a violation of section ACTIVITIES IN DEPARTMENT OF STATE 274A(a)(1)(A). ‘‘Sec. 111. Immigration enforcement through a bureau for immigration en- ‘‘SEC. 112. (a) ASSISTANT SECRETARIES OF ‘‘(b) RESPONSIBILITY FOR ENFORCEMENT OF forcement in Department of STATE.—There shall be appointed in the De- TERMS AND CONDITIONS OF EMPLOYMENT.— partment of State an Assistant Secretary of ‘‘(1) IN GENERAL.—The Secretary of Labor Justice. State for Immigration Affairs, an Assistant shall monitor employers’ fulfillment of ‘‘Sec. 112. Performance of refugee admis- Secretary of State for Refugee Admissions terms and conditions of attestations, labor sions, asylum affairs, citizen- and Asylum Affairs, and an Assistant Sec- certifications, and other applications filed in ship, and passport activities in retary of State for Citizenship and Passport compliance with employment-related re- Department of State. Services. Such Assistant Secretaries shall be quirements for the admission of aliens under ‘‘Sec. 113. Responsibilities of Department of in addition to such Assistant Secretaries as the immigration laws, including under sub- Labor. are authorized under section 1(c) of the State paragraphs (H), (L), (O), (P), and (Q) of sec- ‘‘Sec. 114. Relationship to other provisions.’’. Department Basic Authorities Act of 1956. tion 101(a)(15) and under section 203(b). SEC. 6. EFFECTIVE DATE; TRANSITION. ‘‘(b) UNDER SECRETARY FOR CITIZENSHIP, ‘‘(2) AUTHORITY TO IMPOSE ADMINISTRATIVE (a) EFFECTIVE DATE.—Except as provided in IMMIGRATION, AND REFUGEE ADMISSIONS.— FINES.—The Secretary of Labor may assess this section, this Act, and the amendments

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00044 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.011 pfrm12 PsN: H23PT1 April 23, 2002 CONGRESSIONAL RECORD — HOUSE H1535 made by this Act, shall take effect on the to whom a function is transferred under this tions providing for the orderly transfer of date that is 6 months after the date of the Act of responsibility for the administration proceedings continued under this paragraph enactment of this Act. of the function. with respect to such Department. (b) TRANSFER AND ALLOCATION OF APPRO- (d) SAVINGS PROVISIONS.— (3) NO EFFECT ON JUDICIAL PROCEEDINGS.— PRIATIONS AND PERSONNEL.— (1) CONTINUING LEGAL FORCE AND EFFECT.— Except as provided in paragraph (5)— (1) IN GENERAL.—The personnel of the De- All orders, determinations, rules, regula- (A) the provisions of this Act shall not af- partment of Justice or other agency em- tions, permits, agreements, grants, con- fect suits commenced prior to the effective ployed in connection with the functions tracts, certificates, licenses, registrations, date of this Act, and transferred by this Act, and the assets, li- privileges, and other administrative (B) in all such suits, proceedings shall be abilities, contracts, property, records, and actions— had, appeals taken, and judgments rendered unexpended balance of appropriations, au- (A) that have been issued, made, granted, in the same manner and effect as if this Act thorizations, allocations, and other funds or allowed to become effective by the Presi- had not been enacted. employed, held, used, arising from, available dent, any Federal agency or official thereof, (4) NONABATEMENT OF PROCEEDINGS.—No to, or to be made available to such Depart- or by a court of competent jurisdiction, in ment or agency in connection with the func- the performance of functions that are trans- suit, action, or other proceeding commenced tions transferred by this Act, subject to sec- ferred under any amendment made by this by or against any officer in the official ca- tion 202 of the Budget and Accounting Proce- Act; and pacity of such individual as an officer of any dures Act of 1950, shall be transferred to the (B) that are in effect at the time such department or agency, functions of which entity to which such funds are so transferred transfer takes effect, or were final before the are transferred by any amendment made by for appropriate allocation by the head of effective date of such transfer and are to be- this Act, shall abate by reason of the enact- such entity. Unexpended funds transferred come effective on or after the effective date ment of this Act. No cause of action by or pursuant to this paragraph shall be used only of such transfer, against any department or agency, functions for the purposes for which the funds were of which are transferred by any such amend- shall continue in effect according to their originally authorized and appropriated. ment, or by or against any officer thereof in terms until modified, terminated, super- (2) EFFECT ON PERSONNEL.— seded, set aside, or revoked in accordance the official capacity of such officer shall (A) IN GENERAL.—The transfer under this with law by the President, or other author- abate by reason of the enactment of this Act. Act of full-time personnel (except special ized official, a court of competent jurisdic- (5) CONTINUATION OF PROCEEDING WITH SUB- Government employees) and part-time per- tion, or by operation of law. STITUTION OF PARTIES.—If, before the date on sonnel holding permanent positions shall not (2) PENDING PROCEEDINGS.—(A) The provi- which any amendment made by this Act cause any such employee to be separated or sions of any amendment made by this Act takes effect, any department or agency, or reduced in grade or compensation, if at all, shall not affect any proceedings, including officer thereof in the official capacity of for 1 year after the date of the transfer. notices of proposed rulemaking, or any ap- such officer, is a party to a suit, and under (B) EXECUTIVE SCHEDULE.—Any person who, plication for any license, permit, certificate, this Act any function of such department, on the day preceding the effective date of agency, or officer is transferred to another this Act, held a position compensated in ac- or financial assistance pending on the effec- tive date of any provision before any depart- official, then such suit shall be continued cordance with the Executive Schedule pre- with the other appropriate official sub- scribed in chapter 53 of title 5, United States ment, agency, commission, or component stituted or added as a party. Code, and who, without a break in service, is thereof, functions of which are transferred (6) REVIEWABILITY OF ORDERS AND ACTIONS appointed into an agency established under by any amendment. Such proceedings and UNDER TRANSFERRED FUNCTIONS.—Orders and this Act to a position having duties com- applications, to the extent that they relate actions of the Attorney General or other parable to the duties performed immediately to functions so transferred, shall be contin- Federal official Secretary in the exercise of preceding such appointment shall continue ued. to be compensated in such new position at (B) Orders shall be issued in such pro- functions transferred under any amendment not less than the rate provided for such pre- ceedings, appeals shall be taken therefrom, made by this Act shall be subject to judicial vious position, for the duration of the service and payments shall be made pursuant to review to the same extent and in the same of such person in such new position. such orders, as if this Act had not been en- manner as if such orders and actions had (c) DELEGATION AND ASSIGNMENT.—Except acted. Orders issued in any such proceedings been by the agency or office, or part thereof, as otherwise expressly prohibited by law or shall continue in effect until modified, ter- exercising such functions immediately pre- otherwise provided in this Act, an official to minated, superseded, or revoked by the au- ceding their transfer. Any statutory require- whom functions are transferred under this thorized Federal official, by a court of com- ments relating to notice, hearings, action Act (including the head of any office to petent jurisdiction, or by operation of law. upon the record, or administrative review which functions are transferred under this (C) Nothing in this Act shall be deemed to that apply to any function transferred by Act) may delegate any of the functions so prohibit the discontinuance or modification any such amendment shall apply to the exer- transferred to such officers and employees of of any such proceeding under the same terms cise of such function by the appropriate Fed- the office of the official as the official may and conditions and to the same extent that eral official. designate, and may authorize successive re- such proceeding could have been discon- delegations of such functions as may be nec- tinued or modified if this Act had not been Amend the title so as to read: ‘‘A bill to essary or appropriate. No delegation of func- enacted. amend the Immigration and Nationality Act tions under this section or under any other (D) The head of each of the Federal Depart- to improve the administrative structure for provision of this Act shall relieve the official ments is authorized to promulgate regula- carrying out the immigration laws.’’.

VerDate 11-MAY-2000 04:25 Apr 24, 2002 Jkt 099061 PO 00000 Frm 00045 Fmt 4634 Sfmt 0634 E:\CR\FM\A23AP7.011 pfrm12 PsN: H23PT1 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, TUESDAY, APRIL 23, 2002 No. 46 Senate The Senate met at 10:30 a.m. and was U.S. SENATE, plants are not allowed in intensive called to order by the Honorable PAUL PRESIDENT PRO TEMPORE, care, but he asked specifically that D. WELLSTONE, a Senator from the Washington, DC, April 23, 2002. Members of the Senate pray for his State of Minnesota. To the Senate: wife. Under the provisions of rule I, paragraph 3, The PRESIDING OFFICER. This of the Standing Rules of the Senate, I hereby f morning our guest Chaplain, Chaplain appoint the Honorable PAUL D. WELLSTONE, a SCHEDULE Daniel Coughlin, Chaplain of the U.S. Senator from the State of Minnesota, to per- House of Representatives, will lead us form the duties of the Chair. Mr. REID. As you have announced, in prayer. ROBERT C. BYRD, the Senate will be in a period of morn- President pro tempore. ing business until 11:30 a.m. At 11:30 PRAYER Mr. WELLSTONE thereupon assumed a.m. the Senate will resume consider- The guest Chaplain offered the fol- the chair as Acting President pro tem- ation of the energy reform bill, when lowing prayer: pore. we will vote on cloture on the Daschle- Bingaman substitute amendment. All Lord our God, shepherd us as Your f own flock. Speak Your Word in the second-degree amendments to this en- hearts of all the Senators and to all RESERVATION OF LEADER TIME ergy bill must be filed by 11 o’clock who work for the Senate Chamber. The ACTING PRESIDENT pro tem- today. The Senate will recess from 12:30 to Make all in the Nation attentive to pore. Under the previous order, the 2:15 p.m. for the weekly party con- Your voice; that they may walk as leadership time is reserved. ferences. Your free children along the right f path, fearing no evil. f On this new day, anoint us with Your MORNING BUSINESS ORDER OF PROCEDURE Spirit, that only goodness and kindness The ACTING PRESIDENT pro tem- Mr. REID. I ask unanimous consent flow from us. Having invited us to pore. Under the previous order, there the hour begin running now and the enjoy the banquet of equal justice, may will now be a period for the transaction time for the vote occur at 25 minutes we serve You all the days of our lives. of morning business not to extend be- until the hour. Banish our foes into the darkness of yond the hour of 11:30 a.m., with Sen- The ACTING PRESIDENT pro tem- confusion that great deeds of dignity ators permitted to speak therein for up pore. Without objection, it is so or- may be accomplished in Your Name; to 10 minutes each and with the time dered. and the nations may dwell in peace for equally divided between the two lead- The Senator from New Mexico. years to come. Amen. ers or their designees. f f f CLOTURE MOTION ON THE ENERGY BILL RECOGNITION OF THE ACTING PLEDGE OF ALLEGIANCE MAJORITY LEADER Mr. BINGAMAN. Mr. President, I will The Honorable PAUL D. WELLSTONE yield myself up to 10 minutes to speak The ACTING PRESIDENT pro tem- led the Pledge of Allegiance, as follows: in favor of going ahead with the mo- pore. The majority whip is recognized. I pledge allegiance to the Flag of the tion for cloture on this bill. United States of America, and to the Repub- f This is the sixth week we have been lic for which it stands, one nation under God, on the energy bill on the Senate floor. indivisible, with liberty and justice for all. REQUEST FOR PRAYERS BY THE Today is the 22nd legislative day we SENATE CHAPLAIN have worked on the bill. We will be vot- f Mr. REID. Mr. President, we have ing this morning on cloture on the sub- been honored this morning with the stitute amendment that was first laid APPOINTMENT OF ACTING presence of the House Chaplain. The down on February 15. It was modified PRESIDENT PRO TEMPORE reason for that is our Chaplain’s wife is to its present form on March 5. The PRESIDING OFFICER. The very ill. She has been in intensive care Since then, we have had a great clerk will please read a communication now for more than a week. Our own many amendments. We have acted on to the Senate from the President pro Chaplain has expressed to each of us 84 amendments to the substitute tempore (Mr. BYRD.) that we should not worry about send- amendment. Of those 84 amendments, The assistant legislative clerk read ing cards or letters or flowers or plants 68 were adopted, 9 were defeated or oth- the following letter: because, of course, the flowers and erwise fell, and 7 were withdrawn.

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

S3111

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VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.000 pfrm04 PsN: S23PT1 S3112 CONGRESSIONAL RECORD — SENATE April 23, 2002 Seven other amendments are currently This is not an omnibus tax bill. It is Mr. BAUCUS. Mr. President, I will pending on the bill. an energy bill. We need to bring debate suspend my statement at this time if One would think that dealing with 84 on the bill to a close. I hope we can do someone else wishes to speak. amendments on a bill would represent so with tax provisions included. I know Mr. REID. Mr. President, the Senator fairly good progress on a bill, and in the Senator from Montana has tried to from Nebraska wishes to speak on a many ways it does. We have taken up get unanimous consent to do that. I subject not related to cloture. I yield 5 almost all the major issues on the bill, support us doing that, having the pro- minutes to him. and they have been disposed of with visions coming out of the Finance The ACTING PRESIDENT pro tem- very few exceptions. I appreciate the Committee brought up, debated, and pore. The Senator from Nebraska is help of Senator MURKOWSKI and others voted on. But clearly we need to keep recognized. who have been active in this debate, in context that this is not the major Mr. NELSON of Nebraska. Mr. Presi- trying to move this set of issues along tax bill the Senate is going to consider dent, I thank my colleague and friend and to move the legislation along. in this Congress, and therefore it from Nevada for giving me this oppor- At the same time, we have had many should not be a vehicle for all sorts of tunity. days when Senators have not been will- non-energy-related tax proposals. f ing to come to the Chamber and offer I compliment our majority leader, RENEWABLE FUEL STANDARD amendments. We have had periods Senator DASCHLE, for the enormous when Senators have delayed votes on amount of floor time he has committed Mr. NELSON of Nebraska. Mr. Presi- their amendments and been anxious to to trying to pass this bill. A lot of dent, as we proceed with the debate— wait until conditions seemed more fa- speeches have been made over the last and hopefully it will end with a cloture vorable before a vote would occur on several months implying that our ma- vote—on the renewable fuel standard in their amendments. jority leader was not committed to S. 517, it is important to clarify some If we in fact were out of amendments, moving an energy bill through this of the main issues and to counter some obviously that would be good news. body. of the misinformation that has been of- The truth is, yesterday at the time of His actions speak much louder than fered by opponents of ethanol and the filing deadline that was triggered words and the rhetoric around here. It other biofuels and the RFS. by the cloture process, there were 115 is clear from his actions and commit- In today’s New York Times, one of additional amendments filed. Some of ting 5 weeks of the Senate’s time to our colleagues is quoted as saying that those amendments are variations on this important issue that he is com- the renewable fuel standard may raise earlier amendments that have been mitted to trying to get an energy bill the cost of gasoline by 10 cents a gallon filed. Some are variations on others through the Senate. in New York. I am not sure how that that we understand can be handled. I also appreciate the strong support number is achieved given the fact that Clearly, we still have a substantial that Senator LOTT has been providing the wholesale price of ethanol today in number of issues that Senators believe in trying to move to cloture and move New York is about 30 cents per gallon they need to have considered. ahead with invoking cloture and com- less than gasoline. I am also disappointed that our ef- pleting action on the bill. I think that But it is frustrating. For 25 years, we forts to get unanimous consent on a fi- is very important as well. have all worked to ward off the nega- nite list of amendments have been Energy is a central policy concern in tive arguments presented by some of blocked. We have asked unanimous the Senate in this session. It is appro- the opponents. The opponents are de- consent several times on the Senate priately so. Our President has made it termined to maintain control over the floor to get agreement, not on time an agenda item for the country. Many transportation fuels market by exclud- limits—we had never got to the stage of us have felt strongly that there are ing ethanol, by excluding reformulated where we were asking for time limits— provisions in this bill that should be fuels, and by excluding new opportuni- but first, before we asked for time lim- enacted into law. I hope we can do so. ties for renewable resources. Yet be- its on amendments, we were trying to If you exclude Mondays and Fridays cause the ethanol industry is right for get a finite list of amendments. The ef- from the calculation, we now have 15 America and for our State, it has sur- fort to get that has been blocked. Even working and voting days between now vived and expanded from essentially adoption of amendments that both and the Memorial Day recess. Clearly, zero in 1977 to over 2 billion gallons a managers of the bill have been willing there is a limit as to how much of the year capacity today. to clear has been a problem for us. Senate’s time we can devote to this It has taken sound public policy to So we have not had, in my view, the very important issue. achieve this strength and it will take cooperation we need to bring this bill I hope all Senators will support the sound public policy to take the next to conclusion. We need to have that effort to invoke cloture on the sub- leap forward in these days of dangerous change quickly if we are going to con- stitute amendment. Even if cloture is and growing foreign oil dependency and tinue on the bill and conclude action invoked, there are several hard fought mounting concerns about the environ- on it. battles still to be waged on particular ment including climate change. The I know there is great concern as we amendments that have been offered RFS is the next sound and critical pol- approach this cloture vote about the and that will remain germane. icy leap forward to more than double tax-related provisions. I strongly sup- I believe we have reached a point biofuels production in the next 10 port those provisions, the tax incentive where further debate should be limited years. provisions that were voted out of the to germane amendments. For that rea- In recent years, an enlightened sec- Finance Committee on February 28. I son, I urge Senators to support the mo- tor of these industries ha accepted the supported those. I believe they are dra- tion to invoke cloture. benefits of ethanol blends. But the re- matically better than the tax-related The ACTING PRESIDENT pro tem- maining and commanding sectors stand provisions that were attached to the pore. Who yields time? steadfast in their opposition. Old data, House-passed energy bill last year. Mr. REID. Mr. President, the major- negative projections, and misinforma- The argument was made yesterday ity controls 30 minutes. I do not know tion are their tools. that the Senate should now think of if the minority wishes to use any of They have convinced some to ac- this bill as some sort of omnibus tax their time. It is my understanding that tively embrace their campaign to bill. I think that would be a big mis- Senator BAUCUS wishes to give remarks maintain a fossil-interest stranglehold take, for us to now look on this meas- in opposition to cloture. Is that true? on transportation fuels. For these com- ure as the major tax bill of the year Mr. BAUCUS. At this point. panies, national energy, economic and and see this as an opportunity for all Mr. REID. Mr. President, I am happy environmental security of the United Senators to come and offer all sorts of to yield 5 minutes to the chairman of States is not part of their global cal- provisions relating to taxes, particu- the Finance Committee, Senator BAU- culus as they pursue their determined larly those that do not relate to energy CUS. path against ethanol and other taxes. I think that would be a very The ACTING PRESIDENT pro tem- biofuels. These biofuels are becoming major mistake. pore. The Senator from Montana. an international force. If opponents

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.005 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3113 can delay the United States in its em- cussion, I ask unanimous consent that every mile driven. There are a lot of brace of the biorefinery concept, they the cloture vote be postponed until great ideas, whether hybrids or fuel will succeed in sustaining the position 2:30. cells, but it is important to give those and profitability of their industry. The ACTING PRESIDENT pro tem- incentives. I will address the opponent’s argu- pore. Is there objection? Without objec- There are also some conservation and ments issue by issue. It is my hope tion, it is so ordered. energy-efficiency incentives for energy that, ultimately, an objective and Mr. DASCHLE. I thank the Chair. I efficiency in existing homes, for new thoughtful overview will lead to ac- yield the floor. home construction, a credit for resi- ceptance of the Renewable Fuel Stand- Mr. President, I suggest the absence dential solar, for example, wind, fuel ard. of a quorum. cell properties, a credit for more effi- I would first like to stress the urgent The ACTING PRESIDENT pro tem- cient air-conditioners, water heaters, needs for a ‘‘Manhattan’’ type project pore. The clerk will call the roll. heat pumps, and the list goes on. That to commercialize the biorefinery indus- The assistant legislative clerk pro- is the conservation side. As I said, it is try in the United States. This industry ceeded to call the roll. about half of the total package. will take agricultural and forestry Mr. BINGAMAN. Mr. President, I ask The tax incentives for 1 year total crops and residues, rights-of-way, park, unanimous consent the order for the about $8 billion and over the life of the yard and garden trimmings as well as quorum call be rescinded. bill—that is 10 years—$14 billion. Half the clean portion of municipal wastes The ACTING PRESIDENT pro tem- of that, as I mentioned, is renewables that are disposal problems or end up in pore. Without objection, it is so or- and conservation. The other half is pro- the our land fills or sewers and convert dered. duction incentives. The production in- these renewable resources into Mr. BINGAMAN. Mr. President, I ask centives are for clean coal tech- biofuels, biochemicals and bioelec- unanimous consent that the time dur- nologies. We know we can utilize coal tricity. ing quorum calls in this period be significantly in the future. It makes Poster 1 shows existing ethanol charged equally against both sides. sense that we use cleaner technologies plants in gold, plants under construc- The ACTING PRESIDENT pro tem- so that there is less pollution. There tion in green, and other biorefineries in pore. Without objection, it is so or- are oil and gas conventional incentives the planning stage in red. dered. as well as some electric industry re- You can see that the dispersal of bio- Mr. BINGAMAN. Mr. President, I structuring incentives. refineries will be nationwide, not lim- suggest the absence of a quorum. I might say, for our Native Ameri- ited to the Midwest, and not limited to The ACTING PRESIDENT pro tem- cans on Indian reservations, we have any location or region within our coun- pore. The clerk will call the roll. provided accelerated depreciation and try. The assistant legislative clerk pro- wage credit benefits for businesses that Moving from planning to construc- ceeded to call the roll. are on Indian reservations. This provi- tion is largely contingent on imple- Mr. BAUCUS. Mr. President, I ask mentation of the RFS since capitaliza- sion was thrashed out in committee. It tion will not proceed without an as- unanimous consent the order for the passed out of the committee unani- sured and profitable market for their quorum call be rescinded. mously, albeit on a voice vote. I believe that, by and large, most outputs. The ACTING PRESIDENT pro tem- America needs a Manhattan-type pore. Without objection, it is so or- Members of the Senate support—and project to accelerate this process and dered. support strongly—these provisions. to ensure the development of smaller, Mr. BAUCUS. Mr. President, what is They do help, on the margin, wean us a fully integrated, community-based bio- the pending business? bit from our dependency on OPEC be- refineries bringing new basic industries The ACTING PRESIDENT pro tem- cause they provide a little more self- and quality jobs to rural and urban pore. The Senate is in morning busi- sufficiency and have actual, honest to communities with ownership/partial ness. goodness provisions; that is, the myr- ownership and value-added benefits ac- Mr. BAUCUS. I thank the Chair. iad of conservation measures I men- cruing to local people. The RFS is part f tioned. I take my hat off to our leader Sen- of this approach because it expands the FINANCE COMMITTEE TAX ator DASCHLE, to Senator REID, and to market for biofuels and provides a 1.5 INCENTIVES credit for cellulosic biomass ethanol Senator LOTT for trying to figure out and biodiesel compared to 1 credit for Mr. BAUCUS. Mr. President, the clo- ways to put this together so we can fi- corn-based ethanol; that is, each gallon ture vote has been suspended until 2:30 nally pass the energy bill. It is an al- of ethanol from cellulosic biomass will this afternoon. I think that is very most impossible situation. You have be worth 1.5 gallons of corn-based eth- wise. There are a few provisions that 100 Senators, each with a different anol. This extra credit is an important various Senators are trying to work point of view. But as to the Finance driver in advancing technology so that out. I hope very much that they are Committee provisions, by and large, California, New York, and other States worked out. the President proposed many of them can join the Midwest in benefiting One of the big provisions is the Fi- in his proposed energy tax package. from new industries, better jobs, and nance Committee-passed tax package Senator BINGAMAN, chairman of the improved incomes. which I believe members of the Fi- Energy Committee, has proposed en- The ACTING PRESIDENT pro tem- nance Committee believe very much ergy tax incentives. Senator MUR- pore. The Senator’s 5 minutes has ex- should be part of this bill. KOWSKI has proposed energy tax incen- pired. The Finance Committee has worked tives. That is some indication why we Mr. NELSON of Nebraska. Mr. Presi- long and hard on tax provisions to help in the Finance Committee passed this dent, we hope the cloture vote will wean America from OPEC. They are measure out unanimously. move forward and that we will, in fact, not huge incentives, but on the margin It is bipartisan by definition. It is pass the RFS. they will help a bit. They are divided broad based, but it is not germane, ob- Thank you very much. roughly equally between conservation viously. That is why I hope we can get ORDER OF BUSINESS incentives on the one hand and produc- the agreement in some responsible Mr. DASCHLE. Mr. President, I have tion incentives on the other. The con- fashion to take up and pass the Fi- been in consultation with the distin- servation incentives are renewable en- nance Committee package in a posture guished Republican leader and our ter- ergy provisions. For example, they ex- so it will be included in the bill, that it rific chair of the committee, as well as tend and modify what is called the sec- is not excluded perhaps because cloture others, with regard to finding some tion 45 credit. is invoked, therefore making the provi- procedural arrangement to accommo- In addition, the alternative fuels and sion not germane. date Senators and continue the effort alternative-fuel vehicles credit is to It is a good provision, the Finance to bring this bill to a close. help America develop automobiles that Committee package. I think it is also I think we are making progress, but are much more fuel efficient so we will important we pass it because there in order to accommodate further dis- consume fewer gallons of gasoline for may be scoping issues in conference. I

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.001 pfrm04 PsN: S23PT1 S3114 CONGRESSIONAL RECORD — SENATE April 23, 2002 cannot guarantee 100 percent, just be- THE MIDDLE EAST him to go back. Our government has to cause the House has about $30 billion in Mr. WELLSTONE. Madam President, stay engaged in these negotiations. tax incentives, that necessarily any I have about only 5 minutes to speak Over the next couple of days, I will provision the Senate has in mind would on an issue that is important for all of try to talk about some of the discus- be within the scope; it may not be. us in our country and in the world. sions I have had with people about Second, if we do not pass our energy That is the Middle East. There is much ways in which we can move to a dif- tax incentive package, we will be dis- to say, and 5 minutes is just a begin- ferent framework—not the present advantaged in negotiating with the ning. course but a different course. It is ter- House. The House will have passed $33 We were not in session on Friday so ribly important. I am not naive about billion, the Senate zero. One can argue, today I will briefly present my analysis this. It is very complicated, and it is look at what is in the Finance Com- of Secretary Powell’s trip. There was a very difficult. mittee package, but I can tell you, hav- lot of discussion in some of the media Since we were not in session Friday, ing worked with the chairman of the that Secretary Powell was unsuccessful I didn’t want to let some of the inter- Ways and Means Committee in con- in his endeavor. I actually choose to pretation of Secretary Powell’s work ference many times, I know what he is view his effort as but a first step. It is be the only interpretation. Again, the going to say. I know it is going to give extremely important—I know the emotion we feel and the indignation him a leg up. It is going to give him an Chair believes as well—that our Gov- that many of us have is quite under- advantage. And it is going to make it ernment be engaged, even more so now. standable. The real question is, how more different for us in the Senate to Secretary Powell’s trip was an im- can we be constructive? What can we get provisions we want. portant first step. There are now dis- do gestaltwise that makes sense? What Third, that is no way to operate. The cussions under way, very tough discus- kind of proposals can we propose that Finance Committee has done its busi- sions, about security measures. Ulti- ness. We had many hearings. We have are credible, that somehow will result had a markup. We have debated these mately, the question is, how do we get in a place and time when Israel lives in issues. We passed out our provision in- from where we are right now to where peace and Israel’s neighbors also live in centives to add, to complement—in we all hope we can be so that there can peace. That is the question. fact, supplement—the underlying en- be peace for Israel and for her neigh- I yield the floor and suggest the ab- ergy bill. We waited until the rest of bors? That is the question. The emo- sence of a quorum. the bill was about ready to pass to tion people feel, the sentiment people The PRESIDING OFFICER. The bring up our package. I think it is only feel, that I feel, that all of us feel, is clerk will call the roll. appropriate—in fact, it is for the good very vivid. The legislative clerk proceeded to of the country, definitely—that these When Israelis were murdered at a call the roll. provisions be included. seder meal, as a first-generation Amer- Mr. MURKOWSKI. Madam President, So with great respect I urge all my ican of a Jewish immigrant who fled I ask unanimous consent that the order colleagues, in the next couple hours, to persecution from Russia, it sent chills for the quorum call be rescinded. help all of us together, as 100 Senators, down my spine. When I read about the The PRESIDING OFFICER. Without figure out a way we can bring up and rise of anti-Semitism in Europe, some objection, it is so ordered. The Senator pass the Finance Committee tax incen- of what has happened in France, the from Alaska is recognized. tives. They are good. They are good for targeting of Jewish teenagers, the f physical attacks, the hatred, it is America—half conservation, half pro- THE ENERGY BILL duction. I think it is basically by and frightening. Inside, you feel the indig- large agreed to. nation, and you say to yourself: We Mr. MURKOWSKI. I thank the Chair. I yield the floor. will not let people do this to Jews any- Madam President, I want to take a f where in the world. moment to discuss where we are cur- I called Assistant Secretary rently in the continued movement on EXTENSION OF MORNING Wolfowitz, who spoke at the rally, and the energy bill. BUSINESS said: We also have to be concerned A cloture motion was filed last The ACTING PRESIDENT pro tem- about the loss of life of innocent Pal- Thursday, and we are looking forward pore. The majority whip. estinians—not terrorists, innocent Pal- to moving forward on this bill. I know Mr. REID. Mr. President, I ask unan- estinians. He is right. I called him and many Members have been somewhat imous consent that the morning busi- said: I believe, based upon my own frustrated with the pace. We have been ness be extended until the hour of 12:30 background, when I think about my on the bill almost 6 weeks, not contin- and that there be no controlled time, mother and father, who are no longer ually but certainly for the most part. and that Senators be allowed to speak here, what you said should have been I know the majority leader is work- for up to 10 minutes each. said. I think it was important to say ing in good faith, and I support his ef- The ACTING PRESIDENT pro tem- that. It is a very Jewish thing to say in forts to move the bill forward in a pore. Without objection, it is so or- terms of my sense of Jewish justice. I timely manner, but I remind my col- dered. can’t imagine my mother and father leagues that we are on an extremely Mr. REID. Mr. President, I further not saying exactly the same. difficult and complex piece of legisla- ask unanimous consent that the time I thank Secretary Powell for his trip. tion. We have divisive issues, and we from 2:15 to 2:30 be equally divided with Clearly, it takes courage to do what he have dealt with them as best we could the time controlled by Senator did. He is out there. Frankly, he is through a process of amendments. DASCHLE or a designee and Senator doing the right thing. I believe now, Since the debate on this issue began, LOTT or a designee to debate the clo- however, we have to come forward with we have had 172 amendments—some 60 ture vote which will occur at 2:30. some very creative political ideas Republican, 112 Democratic. We have The ACTING PRESIDENT pro tem- dispensed with 92 amendments—35 Re- pore. Without objection, it is so or- about how we can move to some kind publican, 57 Democratic. Most of the dered. of framework. It seems as if the Mr. REID. I suggest the absence of a present course will result in a deeper remaining amendments are currently quorum. river of blood. How can we get to some on the other side of the aisle, but that The ACTING PRESIDENT pro tem- kind of a framework that makes some is neither here nor there. I am sure we pore. The clerk will call the roll. sense so that we can get to where we can deal with them in a relatively The assistant legislative clerk pro- want to get, which is people living in short timeframe. ceeded to call the roll. dignity side by side, with secure bor- Some of the more difficult amend- Mr. WELLSTONE. Madam President, ders, and an end to the killing. That is, ments we have dealt with are: Whether I ask unanimous consent that the order how do we get there? Congress should decide on new vehicle for the quorum call be rescinded. I wish I had the answer. Secretary standards or leave that discretion to The PRESIDING OFFICER (Mrs. Powell needs to go back. I don’t know the experts, specifically CAFE stand- FEINSTEIN). Without objection, it is so whether he thinks I should be saying ards; whether Congress should impose a ordered. this in the Senate, but we will need renewable portfolio standard on some

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.015 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3115 electricity producers or leave the deci- uals who saw fit to strap themselves ture would end that provision. How- sion on appropriate renewable portfolio with bombs and be used to initiate ter- ever, I think there is a better way. I standards to the States; whether the rorist attacks associated with the issue propose we try to enter into a unani- Federal Government should continue in Israel, providing $25,000 to their fam- mous consent agreement—I understand the liability and introduce protection ilies. I think that clearly is an incen- there has been a shot at it now—that on our nuclear plants; that is, Price- tive that those of us in the Western would limit the number of remaining Anderson. I think the sustainability world find totally unacceptable and amendments to be debated on energy- and expansion of the nuclear industry reprehensible. related amendments and limit that certainly represents protection on that As some in this Chamber may recall, number by first-degree amendments. particular issue of limiting the liabil- on Thursday we passed, by a vote of 88 These would be specific amendments so ity for the industry if we are ever going to 10, a sanction against Iraqi oil. The the issue of germaneness would not to get nuclear power generation in this logic for that was the very fact that come up. country. Further, how best to ensure Saddam Hussein had seen fit to foster If we are able to get such an agree- reliability on our electricity grid—that terrorism by providing incentives for ment, I believe we could be off this bill was the reliability issue and significant human beings to be used as bombs in by the end of the week. I would cer- progress was made on that—and wheth- crowded areas. Furthermore, a jus- tainly be willing to work toward that er to create a renewable fuels require- tification for that deserves another re- end. Of course, it is not going to be an ment, ethanol. flection because we also saw several easy task. We still have the divisive Our work is not complete. There are years ago sanctions against Libya, and issues of climate change to deal with, still many significant issues to resolve. the sanctions against Libya were justi- but I think it is possible to do that. We need to close out the issues dealing fied because of terrorist attacks associ- My purpose is to pledge my support with electricity. We need to reach ated with the downing of the Pan Am to improve the legislation before us some agreement on the massive cli- flight over Scotland. Previous to that, and get a bill to the President as soon mate change provision in the bill. We we had initiated sanctions against Iraq as possible. I urge my colleagues to must address the tax provisions for re- under the same rationale. The attack recognize the weight of the task before newables, conservation, alternative on our U.S. Embassy in Iran is evi- us to push aside some of the personal fuels, efficiency, and production. We dence of the country fostering ter- agendas and do what is right for the need to decide how best to increase our rorism. Nation, and that is to adopt an energy domestic production of energy sources So for anyone, including the adminis- policy as developed in this bill by an since there are no real production pro- tration, who might be critical of the amendment process. action taken by the Senate, I remind I yield the floor. visions in the substitute we have before The PRESIDING OFFICER. The Sen- them there is a principle involved, as us. ator from Delaware is recognized. On the issue of supporting cloture, a our President stated on numerous oc- vote in favor of cloture would cut off casions, that we will not stand by and f any opportunity to adopt a rational let anyone or any country or any lead- GLOBAL WARMING tax component on energy legislation, er foster terrorism or use it as an in- Mr. CARPER. Madam President, which I believe is so important in this centive. That, clearly, is the case with today marks, I believe, the 6th week package—taxes that would encourage Saddam Hussein. Hence, I think the ac- during which we have been debating the use of renewables, alternative tion by the Senate last Thursday was the energy legislation that is before us. fuels, increase our efficiency relative most appropriate in terminating any In my own view, among the bills we to conservation, increase our produc- imports of oil from Iraq. will debate and discuss and vote on this tion of conventional fuels. So as we recognize today, again, year in this Chamber, few, if any, are As far as oil is concerned, as this bill some in the Arab world are calling for as or more important. now stands, there is not one single pro- using oil as a weapon against this I am encouraged there is a growing vision that would increase our domes- country. They do this at the same time likelihood we actually may vote on tic production of oil because the tax they use the hard currency revenues cloture and begin to reduce the scope package is not part of the bill at this from our dependence on their oil to of the amendments and the amount of time. fund homicide bombers and state-sup- time that remains for this critical de- There are numerous studies and au- ported terrorism. bate, to get to final passage, and hope- thorizations regarding oil production We must protect ourselves, and the fully to enter a conference with the in title VI but no specific new produc- tax title in the bill would help to House and provide a compromise the tion. As it stands now, this measure, in slightly rectify this by providing incen- President can sign into law. my opinion, is neither balanced nor tives for marginal oil production, and It is in our naked self-interest as a comprehensive. In fact, many provi- heavy oil production as well, which nation to finish our work and to do so sions in the legislation specifically ex- would decrease our dependence on im- with some dispatch. We have heard clude production of oil from the energy ported oil. countless times about our growing de- incentives. In the area of natural gas, we do have pendence on foreign sources of oil, The irony is that while there are pro- a provision dealing with the Alaskan which is now approaching 60 percent. visions in the bill dealing with wind, natural gas pipeline and the underlying We have heard concerns from a number solar, and biomass, these energy provisions in the development of that of Members related to the trade deficit sources are not currently threatened gas. The majority has indicated they our Nation continues to run, a trade by events around the world. I know of recognize this is a provision that would deficit that exceeded $400 billion last no world leaders calling for—or with create somewhere in the area of 400,000 year and roughly a third of which is at- the ability to—cutting off our wind jobs. However, as it currently stands, tributable to the oil we import. supply or our Sun, although Saddam the provision would not create one job I will take the next few minutes and Hussein may be up to it. In any event, if cloture is invoked. share one other reason why we should we are at a time when many in the So without any real economic secu- feel a sense of urgency in passing this Arab world are calling for using oil as rity, the project, of course, may not be- legislation and attempting to finalize a a weapon against the United States. come a reality. I am sure we are all compromise with the House and the ad- We have seen today a release from aware of this, but I certainly cannot ministration. That deals with what is Iraq where Saddam Hussein is quoted agree to have moved this position this happening in the atmosphere of our as indicating he will pay $25,000 for any far and not see it completed. Earth: global warming. of the Palestinians who may have lost In the interest of moving forward—I This past Saturday, in Wilmington, their homes in the Israeli-Palestinian know the majority leader wants to DE, the annual Commonwealth Awards conflict. That comes after a previous move forward, and the minority leader were bestowed upon a variety of some statement by Saddam Hussein about as well. I understand that amendments of the most famous, remarkable people providing payment to the survivors and involving the death and estate tax in the world. Among the people who re- family members of any of the individ- complicated the efforts. Certainly, clo- ceived the Commonwealth this past

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.018 pfrm04 PsN: S23PT1 S3116 CONGRESSIONAL RECORD — SENATE April 23, 2002 weekend were a husband and wife team instance, a 1,000-foot-long ice core, drilled Using two decades of ice core data and aer- who are researchers who work out of from the Tibetan Plateau, reveals China’s ial mapping, the Thompsons offer proof that Ohio State University in Columbus, climate history for the last 130,000 years. An the world’s tropical glaciers are melting faster and faster as the years pass. OH. Their names are Dr. Lonnie ice core record of this length from the sub- topics is unprecedented. The icecap on Mount Kilimanjaro, Africa’s Thompson and Dr. Ellen Mosley- New cores from two sites in central and highest peak, has lost 82 percent of its area Thompson. southern Tibet reveal that the past 50 years since it was first mapped in 1912. One-third of I ask unanimous consent the full have been the warmest in the last 10,000 the area has disappeared just since 1989. statement of Calvert A. Morgan, who years in that part of the world. Based on this dramatic evidence, Lonnie presided at that event, be printed in Using two decades of ice core data and aer- Thompson predicts that the snow cap of this ial mapping, the Thompsons offer proof that storied mountain will be gone by 2020. He the RECORD. says the same fate awaits other mountain There being no objection, the mate- the world’s tropical glaciers are melting faster and faster as the years pass. ice caps in Peru and around the world. These rial was ordered to be printed in the The icecap on Mount Kilimanjaro, Africa’s vanishing glaciers ‘‘will have a massive ef- RECORD, as follows: highest peak, has lost 82 percent of its area fect on humanity,’’ he says, posing an urgent REMARKS OF CALVERT A. MORGAN since it was first mapped in 1912. One-third of natural and economic threat around the The issue of global warming has been vig- the area has disappeared just since 1989. globe. orously debated for the past two decades. Is Based on this dramatic evidence, Lonnie I think it is important, as we come to the climate on Earth getting dangerously Thompson predicts that the snow cap of this the end of the debate on this energy warmer, and if so, is modern-day air pollu- storied mountain will be gone by 2020. He bill, to remind ourselves that, yes, in- tion to blame? While many have exchanged says the same fate awaits other mountain deed, we import entirely too much oil rhetoric on the matter, two American re- ice caps in Peru and around the world. These vanishing glaciers ‘‘will have a massive ef- from around the world from people who searchers have trekked to the world’s remote do not like us, in some cases, and who, ice fields to dig for answers. fect on humanity,’’ he says, posing an urgent Dr. Lonnie Thompson and Dr. Ellen natural and economic threat around the I am convinced, use the resources we Mosley-Thompson are husband-and-wife col- globe. send to them to hurt us. I think it is laborators who study climate change and The Thompsons believe that it is already important that we remind ourselves of global warming. They have spent the past 25 too late to save the tropical glaciers. Now, the economic trouble we create for years collecting and analyzing ice cores ex- they race against time, gathering more core America by a growing trade deficit, a tracted from glaciers on the five continents. samples before Earth’s frozen history is lost third of which is attributable to our de- Their research has yielded a remarkable forever. Ladies and gentlemen, please join me in pendence on foreign oil, on imported and priceless archive of the earth’s ancient oil. climate. showing our esteem to these dedicated and What’s more, their findings offer some of courageous scientist, Dr. Lonnie Thompson Lost in this discussion are the points the most convincing evidence yet that global and Dr. Ellen Mosley-Thompson, winners of that Drs. Thompson have made, of warming is real, and human activity is a the 2002 Common Wealth Award for Science which we were reminded in Delaware contributing factor. and Invention. just this last Saturday; that is, there is For their work in deciphering the Earth’s Mr. CARPER. I would like to share global warming. The climate of the frozen history and its implications for our some excerpts of it today during my Earth has changed and is changing future, PNC honors these world-class sci- own remarks: more rapidly as time goes by. Fully entists with the 2002 Common Wealth Award The issue of global warming has been vig- one-quarter of the carbon dioxide that for Science and Invention. The Thompsons conduct their work at the orously debated for the past two decades. Is we put into the air comes from the Byrd Polar Research Center at Ohio State the climate on Earth getting dangerously cars, trucks, and vans we drive. University. warmer, and if so, is modern-day air pollu- As we prepare to approach the end of Dr. Lonnie Thompson is a professor of geo- tion to blame? While many have exchanged this debate, I hope we will not only logical sciences. He has led some 40 inter- rhetoric on the matter, two American re- have done something to reduce our re- national expeditions to collect ice cores from searchers have trekked to the world’s remote liance on foreign oil, not only done the mountains of Africa, South America and ice fields to dig for answers. Dr. Lonnie Thompson and Dr. Ellen something to reduce our growing trade Asia. Dr. Mosley-Thompson is a professor of Mosley-Thompson are husband-and-wife col- deficit, but that we will have taken af- geography. She has led similar field pro- laborators who study climate change and firmative steps to reduce the amount grams to Greenland and Antarctica. To understand the earth’s past and present global warming. They have spent the past 25 of carbon dioxide we are putting into climate, our honorees and their research years collecting and analyzing ice cores ex- our atmosphere, that literally is de- teams analyze the chemical and physical tracted from glaciers on the five continents. stroying the icecaps of Mount Kiliman- Their research has yielded a remarkable properties preserved in ice cores. jaro and any number of other moun- and priceless archive of the earth’s ancient Lonnie Thompson’s research is unique be- tains throughout our tropics and sub- climate. cause it focuses on the ice fields of the trop- What’s more, their findings offer some of tropics. ics and sub-tropics instead of polar ice. He the most convincing evidence yet that global I used to think global warming was a believes the hottest part of the globe is cru- warming is real, and human activity is a figment of somebody’s imagination. I cial to understanding global warming. Trop- contributing factor.... don’t see how any of us anymore can ical glaciers, he says, are ‘‘the most sensitive Dr. Lonnie Thompson is a professor of geo- spots on Earth’’ and serve as ‘‘an indicator of say that is the case. It is real. It is logical sciences. He has led some 40 inter- here. It is imminent. It is something the massive changes taking place’’ in today’s national expeditions to collect ice cores from global climate. we can do something about, and we the mountains of Africa, South America and need to do that in the context of this But to find ice in the tropics, you have to Asia. His wife, Dr. Mosley-Thompson, is a climb pretty high. The physical and professor of geography. She has led similar energy bill. I hope we will. logistical challenges of this high-altitude re- field programs to Greenland and Antarctica. I yield the remainder of my time. search are staggering. First, there’s the To understand the Earth’s past and present The PRESIDING OFFICER. The Sen- climb to a nearly inaccessible mountaintop climate, our honorees and their research ator from Nevada is recognized. with about six tons of equipment in tow. teams analyze the chemical and physical Mr. REID. Before the Senator from Once the team gets to the expedition site, properties preserved in ice cores. Delaware leaves the floor, I would like the challenges continue. Equipment maneu- Lonnie Thompson’s research is unique be- to say, the Senator from Delaware and vers over crevasses, the danger of ava- cause it focuses on the ice fields of the trop- lanches, frigid temperatures, thin air and I came here from the House of Rep- ics and sub-tropics instead of polar ice. He resentatives together in 1982. The Sen- frequent windstorms are all part of a day’s believes the hottest part of the globe is cru- work. cial to understanding global warming. Trop- ator has always been very studious. While six tons of equipment go up the ical glaciers, he says, are ‘‘the most sensitive What I mean by that is that legislation mountain, 10 tons come back down when you spots on Earth’’ and serve as ‘‘an indicator of is something he reviews and studies add four tons of ice samples. Dr. Thompson the massive changes taking place’’ in today’s and I am sure worries about. This legis- has experimented with bringing the ice down global climate. lation now before the Senate is no dif- in his hot air balloon, the Soaring Penguin. Cores have been drawn from moun- ferent. Most often, however, each core sample is car- The Senator from Delaware is con- ried by hand in an insulated box and brought tain tops from throughout the world. back to laboratories at Ohio State Univer- New cores from two sites in central and cerned, as he has indicated, with the sity for analysis. southern Tibet reveal that the past 50 years need for an energy bill. We had a vote For our honorees, the thrill of discovery have been the warmest in the last 10,000 on an issue that is of extreme impor- far outweighs the occupational hazards. For years in that part of the world. tance to the country. It did not go the

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.021 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3117 way a lot of us believed it should. The Schumer/Clinton amendment No. 3093 (to motions to waive the Budget Act; and Senator from Delaware is coming back amendment No. 2917), to prohibit oil and gas that if any of the above amendments, at such time as I hope he can offer this drilling activity in Finger Lakes National after each has had its motion to waive Forest, New York. amendment, with something on which Dayton amendment No. 3097 (to amend- vote, is adopted, the bill be read a third he has spent hours and days, coming up ment No. 2917), to require additional findings time and the Senate vote on final pas- with something that is reasonable and for FERC approval of an electric utility sage of the bill without any inter- will meet many of the goals that need merger. vening action or debate, and that if to be met, allowing the United States Feinstein/Boxer amendment No. 3115 (to none of the amendments achieve 60 to become less dependent on produc- amendment No. 2917), to modify the provi- votes to waive the Budget Act, the bill tion. sion relating to the renewable content of be placed back on the calendar; fur- I say to my friend from Delaware, I motor vehicle fuel to eliminate the required ther, that there be 2 hours for debate volume of renewable fuel for calendar year am very glad he is in the Senate. He 2004. on each of the above amendments has brought to the Senate the same Murkowski/Breaux/Stevens amendment equally divided in the usual form; fur- style that he had in the House of Rep- No. 3132 (to amendment No. 2917), to create ther, that upon the granting of this resentatives and, I am sure, to the of- jobs for Americans, to reduce dependence on consent, Senator BAUCUS be recognized fice of Governor, although I am not as foreign sources of crude oil and energy, to to offer the Baucus-Grassley Finance aware of his work as a two-term Gov- strengthen the economic self determination Committee tax amendment to the en- ernor of the State of Delaware. But he of the Inupiat Eskimos and to promote na- ergy bill, and that the amendment be tional security. has brought, really, a fine dimension to Reid amendment No. 3145 (to amendment agreed to and the motion to reconsider the Senate. I am proud of the work he No. 3008), to require that Federal agencies be laid upon the table, without any in- has done, as should be the people of use ethanol-blended gasoline and biodiesel- tervening action or debate. Delaware. blended diesel fuel in areas in which ethanol- The PRESIDING OFFICER. Is there Mr. CARPER. If the Senator will blended gasoline and biodiesel-blended diesel objection? yield, I say to my friend, our assistant fuel are available. The Chair hears none, and it is so or- majority leader, those words mean The PRESIDING OFFICER. The Sen- dered. more than you know. I have been ator is recognized. Mr. DASCHLE. Madam President, let called any number of things as Gov- Mr. BAUCUS. Madam President, I ap- me just say, it is the intention of Sen- ernor, as a Member of Congress, and as preciate the recognition. If no further ator LOTT and me to offer the unani- a Member of the Senate, and studious statements are to be made at this time, mous consent request shortly which is one of the kinder and more generous. I yield the floor. would make in order a number of It is an honor to work with the Sen- Mr. REID. Madam President, I sug- amendments pertaining to the energy ator. I thank him for his leadership. gest the absence of a quorum. bill that, hopefully, will bring us to The PRESIDING OFFICER. Who The PRESIDING OFFICER. The closure. yields time? Who seeks recognition? clerk will call the roll. What we have done in this case is Mr. CARPER. Madam President, I The senior assistant bill clerk pro- simply agree to a debate on the estate suggest the absence of a quorum. ceeded to call the roll. tax legislation sometime prior to June The PRESIDING OFFICER. The Mr. DASCHLE. Madam President, I 28. Senators will have an opportunity clerk will call the roll. ask unanimous consent that the order to debate the estate tax bill. I know The legislative clerk proceeded to for the quorum call be rescinded. there is a great deal of interest on both call the roll. The PRESIDING OFFICER. Without sides of the aisle. We will also now entertain the Bau- Mr. BAUCUS. Madam President, I objection, it is so ordered. cus amendment as it relates to the tax ask unanimous consent that the order f provisions of the energy bill. All Sen- for the quorum call be rescinded. UNANIMOUS CONSENT ators, of course, still retain their right The PRESIDING OFFICER. Without AGREMENT—H.R. 8 to offer amendments on taxes prior to objection, it is so ordered. Mr. DASCHLE. Madam President, cloture. f throughout the morning we have at- Madam President, I yield the floor NATIONAL LABORATORIES PART- tempted to find ways to move the proc- and thank all of my colleagues for NERSHIP IMPROVEMENT ACT OF ess along. I thank a number of Sen- their cooperation. 2001—Resumed ators on both sides of the aisle for their f Mr. BAUCUS. Madam President, I cooperation. We are at a point now NATIONAL LABORATORIES PART- ask unanimous consent that the Sen- where procedurally I think we are in a NERSHIP IMPROVEMENT ACT OF ate go into legislative session and that position to move forward. We will 2001—Continued make a unanimous consent request fol- the energy bill be the pending business. AMENDMENT NO. 3286 TO AMENDMENT NO. 2917 The PRESIDING OFFICER. Without lowing this one having to do with amendments to the energy bill. But (Purpose: To provide energy tax incentives) objection, it is so ordered. The PRESIDING OFFICER. Under The clerk will report the bill by title. that is a separate matter. This has pri- marily to do with the question of es- the previous order, the pending amend- The senior assistant bill clerk read as ments are set aside. follows: tate taxes. I ask unanimous consent that when The clerk will report the Baucus A bill (S. 517) to authorize funding the De- the Senate considers Calendar No. 33, amendment. partment of Energy to enhance its mission The legislative clerk read as follows: areas through technology transfer and part- H.R. 8, the estate tax bill, no later than June 28, the only amendments in order The Senator from Montana [Mr. BAUCUS], nerships for fiscal years 2002 through 2006, for himself, Mr. GRASSLEY, Mr. ROCKE- and for other purposes. are as follows: FELLER, Mr. HATCH, Mr. THOMAS, Mr. HAGEL, Pending: Senator GRAMM of Texas, an estate and Mrs. CARNAHAN, proposes an amendment tax amendment; the majority leader, Daschle/Bingaman further modified numbered 3286. amendment No. 2917, in the nature of a sub- or his designee, an estate tax amend- (The text of the amendment is print- stitute. ment which shall be subject to two sec- ed in today’s RECORD under ‘‘Text of Dayton/Grassley amendment No. 3008 (to ond-degree amendments to be offered Amendments.’’) amendment No. 2917), to require that Federal by Senator DASCHLE, or his designee, Mr. BAUCUS. Madam President, this agencies use ethanol-blended gasoline and with Senator DASCHLE’s amendment amendment consists of the energy tax biodiesel-blended diesel fuel in areas in being the first one offered; that all of incentives reported by the Finance which ethanol-blended gasoline and bio- the above amendments deal solely with Committee. diesel-blended diesel fuel are available. the subject of estate tax; that all of the Landrieu/Kyl amendment No. 3050 (to Let me explain why this amendment amendment No. 2917), to increase the trans- above estate tax amendments be sub- is necessary. fer capability of electric energy transmission ject to a 60-vote Budget Act point of The short term energy crisis has systems through participant-funded invest- order and that no other amendments or ended. But the long term problem has ment. motions be in order to the bill, except not.

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.022 pfrm04 PsN: S23PT1 S3118 CONGRESSIONAL RECORD — SENATE April 23, 2002 Earlier this year, at a House hearing, The Finance Committee amendment These vehicles of the future. They’ll be Energy Secretary Abraham summed up takes this experience to heart. We use powered by alternative fuels, by fuel the energy situation. He said that targeted tax incentives to promote in- cells, and by electricity. ‘‘Over the last 12 months we have seen vestments that are critical to energy In the near term, we provide tax energy supply shortages, natural gas independence. credits for the purchase of hybrid vehi- and gasoline price spikes in the Mid- We do this in three important ways. cles, which run partly on electricity west and California, and terrorist at- First, we create incentives for new pro- and partly on gasoline. tacks within our borders.’’ duction, especially production from What is so great about these vehi- He was right on target. His words em- important renewable sources. cles? phasize that energy independence mat- Second, we create incentives for the For starters, fuel cell and electric ve- ters. It matters to our economy, to our development of new technology. hicles are zero-emissions vehicles. In national security, and to the well-being Third, we create incentives for en- the meantime, hybrid and alternative of average American families. ergy conservation. fuel vehicles can speed us toward the Take one example. Gas prices. Let me explain each in turn. development of these zero emissions Remember last summer. The price First, new production. Regardless of vehicles. was $1.70 per gallon. A record high. the source, total U.S. energy produc- On top of that, when it comes to Just 6 weeks ago, the national aver- tion directly affects our dependence on emissions and fuel economy, these ve- age retail price for gasoline was $1.14 foreign sources of energy. hicles have significant advantages per gallon. If U.S. production rises, while con- compared to traditional fuel vehicles. Since then, gas prices have climbed sumption remains constant or falls, we To make sure of this, we provide tax again. Today, the national average become less reliant on foreign energy. credits only to vehicles that meet very price is back up to $1.42 per gallon. Unfortunately, the opposite is expected stringent emissions standards. Over the past several years, prices to occur. There’s a related point. New vehicles have been extremely volatile. Through 2020, energy consumption is require new fuels. And it takes new in- This volatility has had a sharp eco- projected to increase more rapidly than frastructure to deliver these fuels. nomic effect, disrupting businesses and domestic production. If that happens, Therefore, we provide tax incentives lives. our reliance on foreign energy—shown for the installation of new refueling Here is why. The difference between on the chart as ‘‘net imports’’ of en- station technology and for the pur- $1.14 per gallon and $1.70 per gallon is ergy—will increase accordingly. chase of alternative fuels. 56 cents per gallon. Here is how we address the problem. All told, these investments in new The average household uses about We extend the wind and biomass technology will transform automotive 1,100 gallons of automobile gasoline a credit for an additional 5 years. We transportation in the United States, so year. All else being equal, that also qualify many more sources as re- that it is cleaner, more fuel efficient, amounts to a swing in household fuel newable fuel sources, including geo- and less reliant on imported oil. expenditures of more than $600, just for thermal, solar, plant life, and other The third key element of the bill is transportation. sources. conservation. That is like a $600 tax increase, on We create incentives for clean coal. If Conservation is the only way to solve every American family. you retrofit to use currently available the problem of excessive dependence on For a small business, the economic clean coal technology, you are eligible foreign imports. When we increase con- impact of these price swings can be for a production tax credit. If you use servation, it has the same effect as if even worse. advanced technology, you’re eligible we reduce consumption. We see that And the situation is not likely to im- for both an investment credit and a this will lessen our reliance on foreign prove anytime soon. production credit. sources of energy. Between now and 2020, worldwide de- We create a new credit for oil and gas Conservation also will have positive mand for oil is projected to increase production from marginal wells, and a environmental effects. Namely, cleaner from 76 million barrels a day to nearly limited tax break for geological and aid. 120 million barrels per day. That’s an geophysical expenditures. Perhaps most important, tax invest- increase of almost 60 percent. Each of these tax incentives will en- ments in energy conservation will re- Clearly, the more we depend on only courage more energy production, from duce monthly energy bills. one source of energy, the more we are a variety of renewable and traditional How do we accomplish this? subject to price fluctuations. sources. We create incentives for people to get With that background, let’s turn to Let me turn to the second key ele- more complete energy consumption in- the legislation. ment of the bill. New technology. formation with devices like the smart The chairman of the Energy Com- Think big. Thing new. Think way meter, which allows people to track en- mittee, Senator BINGAMAN, has de- into the future. ergy use in their homes. signed the underlying energy legisla- New technology can bring both en- We create incentives for people to tion that is the basis for our energy ergy independence and a cleaner envi- buy energy efficient refrigerators, air policy. ronment. conditioners, and other appliances. Now why should tax incentives be Before long, our cars and trucks will And we encourage energy efficient part of the bill? run on electricity, new and alternative construction, to make homes and com- The use of tax incentives to promote fuels, and fuel cells. And maybe some- mercial buildings more energy effi- energy development is not some rad- day, when we get home from work, cient. ical new idea. From the time of the en- we’ll plug our fuel cell automobiles in Those are the three key elements of actment of the income tax in 1916, we to generate the electricity for our the bill. New production, new tech- have had tax incentives for the produc- homes. nology, and conservation. tion of oil and gas. But we need to make investments in We also address several other issues. In 1978, we went further. We created these technologies today. History tells Perhaps the most important is electric the first tax incentives for renewable us it can take a very long time to de- utility restructuring. This is important fuels and for conservation. ploy new technology. The first com- for investor owned utilities, municipal These incentives were effective. Last mercial telephone service was offered utilities, and cooperatives. And, of July, at a Finance Committee hearing, in 1876, but it took more than 90 years course, for consumers. economist Kevin Hassett told the com- to make the service available to 90 per- But there is a lot of uncertainty. We mittee that the tax credits ‘‘were fairly cent of residences in the United States. all remember the rolling blackouts in successful at stimulating conservation It would be a shame if it takes half California. Many other states also have activity.’’ More specifically, he found that time to bring these promising new been affected. In Montana, the legisla- that ‘‘a 10 percentage point credit technology vehicles to market. ture has had to delay the implementa- would likely increase the probability of So here is what we do. tion of a law calling for retail choice, investing [in conservation] by about 24 We create tax credits for the pur- because the state does not yet have a percent.’’ chase of new technology vehicles. competitive market in place.

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.015 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3119 There is similar uncertainty in other Mr. BAUCUS. The Senator is correct. post cloture, Senators would still be el- states and nationwide. Given the posture we are in, I assume igible to offer amendments having to To my mind, we don’t yet know what procedurally that is available at this do with certain tax provisions or any a restructured electric industry will time. But that is an assumption. I am other provisions of the bill. look like. not positive. That is an assumption. If What we are simply trying to do is to In light of this, the amendment tells procedurally that is available, the Sen- find a way, at long last, to bring this the Treasury Department to report ator is correct. bill to closure. I remind my colleagues back to us by the end of the year on re- Mr. MURKOWSKI. Well, I would like that I laid this bill down on February structuring and the tax issues it raises. to have some assurance that we will 15. It is now April 23, and the only way The study will help us make the right have an opportunity for input in the we are going to bring this to conclu- decisions to address future issues managers’ amendment before I would sion so that we can move to other leg- raised by restructuring. agree to a unanimous consent which I islation is to either get this unanimous Senators BINGAMAN and MURKOWSKI assume will be forthcoming. The Sen- consent request that Senator LOTT and may wish to go further, as part of this ator from Montana has not proposed a I are about to propound or cloture. bill, and Senator GRASSLEY and I are unanimous consent, he has just pro- So I ask my colleagues for their co- discussing options with them now. posed this; is that correct? operation in this regard. And failing At the same time, there are some Mr. BAUCUS. In answer to the Sen- the unanimous consent, as my col- current problems, that we do know how ator, the Finance Committee tax in- leagues may note, I have moved the to address. centives are now part of the energy cloture vote to 2:30 this afternoon. So The amendment does so with respect bill. The Senate has adopted them. one or the other will occur. Either we to nuclear decommissioning funds and They are in the bill now. I am not at will get a UC or we will have a vote on the treatment of cooperatives. this point attempting to seek a UC re- cloture at 2:30 this afternoon. Before closing, I’d like to acknowl- quest. I yield the floor. edge all of those who helped write the Mr. MURKOWSKI. Well, it would be The PRESIDING OFFICER. The Re- Finance Committee bill. my hope we could work to—— publican leader. The President’s budget called for tax Mr. BAUCUS. I understand. I have Mr. LOTT. Madam President, I appre- incentives for renewable resources, res- been working with the Senator and ciate the work we have been able to do idential solar systems, alternative fuel with the distinguished chairman of the to try to get a reasonable agreement as vehicles, and combined head and power committee to try to figure out what to how to proceed on the death tax systems. appropriately could be put in that matter. I think the agreement just en- Those are included. package. tered is fair to all sides. Our committee members have also Mr. MURKOWSKI. It would appear, Also, I think it is very important made very important contributions. Madam President, it would be a com- that we have the tax section as a part Our ranking member, Senator GRASS- bination of either specifically identi- of our energy package, when it is com- LEY, has worked hard to make this a fied amendments that could be agreed pleted, because many of the important balanced, bipartisan bill. upon or we would have to address the incentives to get more production and Senator HATCH and others were the to find alternative fuels and develop principal authors of the alternative issue of germaneness. If I have the as- surance of the chairman of the Finance new technologies—whether it is hybrid fuels provisions. cells or whatever it may be—are in Senator ROCKEFELLER was the prin- Committee that he is willing to work that section. We have almost $15 bil- cipal author of the clean coal provi- with us on that aspect, I would be sat- lion that came out of the Finance Com- sions. Other Members were responsible isfied. mittee unanimously, as I recall. So for other important provisions. The PRESIDING OFFICER. The Sen- that needed to be included. The fact I also appreciate the help of the lead- ator from Arizona. that it is included is a very important ers of the Energy Committee, Senators Mr. KYL. Madam President, might I recognition that work has been done by BINGAMAN and MURKOWSKI. We are inquire of the Senator from Montana, Senator GRASSLEY, Senator BAUCUS, lucky that they also are members of it is the Senator’s intention that the and others. the Finance Committee, and we bene- Finance Committee version—not a With regard to the unanimous con- fited from their expertise and dedica- modified version of that—be offered for sent request we are going to propound tion. inclusion in the underlying bill; is that In other words, this has been a coop- correct? to limit the number of amendments erative effort, all around. Mr. BAUCUS. I say to my good and get to passage by a time certain, I Pulling this together, we have a friend, the Senate has already adopted also think that is the right thing to do. package of tax incentives that are im- the measure that passed the Finance There may be many amendments that portant in their own right and that will Committee. That is now an adopted are out there, but we could not get an complement the broader energy bill. amendment and now part of the energy agreed-to number. I know we can ac- In short, this amendment is good en- bill. cept a limited number of five or seven, vironmental policy and good energy Mr. KYL. The reason I ask is, there whatever that number may be. Also, policy. was some confusion at the desk as to we are prepared to make a commit- Don’t get me wrong. This bill is not which version the Senator was offering. ment to get final passage on this legis- a panacea. It is a work in progress. It Mr. BAUCUS. That is correct. lation no later than Thursday at 6 is just a step. But it is a good step. A Mr. KYL. Since there was not an o’clock. I think that is the responsible step in the right direction. amendment pending at the desk. thing to do. I support that. And Sen- I thank members and urge adoption Mr. BAUCUS. The two versions at ator DASCHLE and I have been working of the amendment. the desk were identical. for the last 24 hours to try to come to The PRESIDING OFFICER. Under Mr. KYL. I thank the Senator. that agreement. the previous order, the amendment is Mr. MURKOWSKI. I yield the floor. It is time we bring consideration of agreed to and the motion to reconsider The PRESIDING OFFICER. Who this bill to a conclusion. We have had a is laid upon the table. seeks recognition? full debate, lots of amendments. I am The amendment (No. 3286) was agreed The majority leader. sure nobody is perfectly happy with it, to. Mr. DASCHLE. Madam President, I but to have expended over 5 weeks and The PRESIDING OFFICER. The Sen- want to just announce that we will be then not be able to bring this to con- ator from Alaska is recognized. offering a unanimous consent request clusion, would be disastrous for our Mr. MURKOWSKI. Madam President, shortly that would propose that we country, and the Senate would look may I ask the Senator from Montana, limit the number of amendments to be very bad. my understanding is that there is taken post cloture to a certain number. So I hope we come to an agreement going to be a managers’ amendment I believe we are going to suggest seven on how to get a vote on this legisla- out of the Finance Committee on the on a side. But let me say, with or with- tion, complete action, and send it to energy tax aspect. out that unanimous consent request, conference for final activity.

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.016 pfrm04 PsN: S23PT1 S3120 CONGRESSIONAL RECORD — SENATE April 23, 2002 With that, I yield the floor, Madam DASCHLE for making the request. I their rights which they may wish to President, and suggest the absence of a withdraw my reservation. raise at another time but do not wish quorum. The PRESIDING OFFICER. Is there to have me raise at this time. The PRESIDING OFFICER. The ab- objection? Under the circumstances, I want the sence of a quorum has been suggested. The Senator from California. manager of the bill to know we will not The clerk will call the roll. Mrs. FEINSTEIN. Madam President, offer the amendment that would per- The senior assistant bill clerk pro- reserving the right to object, I would mit drilling on the lands in the ceeded to call the roll. like to ask the majority leader if three Kaktovik area that are owned by the Mr. DASCHLE. Madam President, I amendments would be considered Kaktovik Eskimos, and the subsurface ask unanimous consent that the order among his amendments. The first rights owned by the North Slope Bor- for the quorum call be rescinded. would be Senator SCHUMER’s amend- ough. I believe the decision is a right The PRESIDING OFFICER (Mrs. ment to remove the ethanol mandate, one, and I am going to honor their re- CLINTON). Without objection, it is so the renewable fuels mandate from the quest not to introduce the amendment ordered. bill; second would be Senator BOXER’s at this time. Mr. DASCHLE. Madam President, amendment to remove the safe harbor I suggest the absence of a quorum. yesterday was the 1:30 p.m. filing dead- provisions relating to liability; and the The PRESIDING OFFICER. The line. The Baucus-Grassley amendment third would be my amendment to re- clerk will call the roll. was not part of the substitute then so move PADDs I and PADDs V from the The assistant legislative clerk pro- people couldn’t draft amendments to renewable fuels requirement. ceeded to call the roll. that section. To be fair, I ask unani- Mr. DASCHLE. Madam President, I Mr. REID. Madam President, I ask mous consent that Members have until certainly want to work with the distin- unanimous consent that the order for 1 p.m. tomorrow to file first-degree guished Senator from California to ac- the quorum call be rescinded. amendments to the Baucus-Grassley commodate her and other Senators The PRESIDING OFFICER. Without title and that Members have until 10 who wish to be heard on the ethanol objection, it is so ordered. a.m. Thursday to file possible second- question. I know this is a very impor- f degree amendments to those amend- tant matter for them. At this point, I RECESS ments. would not be able to confirm that three The PRESIDING OFFICER. Without of those seven amendments would be Mr. REID. Madam President, I ask objection, it is so ordered. related to ethanol, although I would unanimous consent that the Senate re- Mr. DASCHLE. I thank the Chair and not want to assume that they would cess begin now rather than at 12:30 p.m. yield the floor. I suggest the absence of not be part of it. The PRESIDING OFFICER. Without a quorum. objection, it is so ordered. The PRESIDING OFFICER. The I think we would want to negotiate with all of our colleagues to accommo- Thereupon, the Senate, at 12:28 p.m., clerk will call the roll. recessed until 2:15 p.m. and reassem- The legislative clerk proceeded to date as many Senators with an interest bled when called to order by the Pre- call the roll. in offering amendments as possible. Mr. DASCHLE. Madam President, I Keep in mind, as I said earlier, this is siding Officer (Mr. MILLER). ask unanimous consent that the order in addition to, cloture notwith- The PRESIDING OFFICER. The Sen- for the quorum call be rescinded. standing. Those amendments that are ator from Nevada. The PRESIDING OFFICER. Without eligible to be offered postcloture, we f objection, it is so ordered. anticipate they would still be offered. NATIONAL LABORATORIES PART- Mr. DASCHLE. Madam President, I It could be, and I would guess most NERSHIP IMPROVEMENT ACT OF have noted on a couple of occasions likely would be, the case that one or 2001—Continued this morning that it was our intention, more of those amendments would be in close consultation with the distin- able to be offered without the inclusion MODIFICATION OF SUBMITTED AMENDMENT NO. guished Republican leader, to see if we in this unanimous consent request. 3274 might find a way to bring closure to Mrs. FEINSTEIN. In response to the Mr. REID. Mr. President, Senator the bill, either with or without cloture. majority leader, if I may, Madam LANDRIEU has timely filed an amend- But I ask unanimous consent that im- President, we do not know at this time ment, No. 3274, but there was a typo- mediately following cloture, notwith- whether they would all be germane graphical error on page 2, I am told. standing the cloture vote, and notwith- under the bill. Based on the fact that This has been reviewed by the minor- standing the provisions of rule XXII, the majority leader is only reserving ity, and they have no problem with our the Senate resume consideration of the seven spaces and will not permit three doing this. I ask consent this be al- energy bill with the opportunity of spaces for this, I object. lowed. each leader or his designee to offer The PRESIDING OFFICER. Objec- The PRESIDING OFFICER. Without seven amendments which are either en- tion is heard. objection, it is so ordered. ergy or tax related. Mr. DASCHLE. I yield the floor. I Mr. REID. Mr. President, I suggest The PRESIDING OFFICER. Is there suggest the absence of a quorum. the absence of a quorum and ask unani- objection? The PRESIDING OFFICER. The mous consent the time be charged The Republican leader. clerk will call the roll. equally against both sides. Mr. LOTT. Reserving the right to ob- The assistant legislative clerk pro- The PRESIDING OFFICER. Without ject, and I will not object, I want to ceeded to call the roll. objection, it is so ordered. The clerk say again, this is the right way to pro- Mr. STEVENS. Madam President, I will call the roll. ceed. We have been on this legislation ask unanimous consent that the order The assistant legislative clerk pro- for 5 weeks. We have had a full debate. for the quorum call be rescinded. ceeded to call the roll. Senators on both sides of the aisle have The PRESIDING OFFICER. Without Mr. REID. Mr. President, I ask unan- had opportunities to offer their amend- objection, it is so ordered. imous consent that the order for the ments. This will give us seven more op- The Senator from Alaska. quorum call be rescinded. portunities on each side. We will have Mr. STEVENS. Madam President, I The PRESIDING OFFICER. Without to get a limit. We will have to have a had a commitment to offer an amend- objection, it is so ordered. process, which will not be easy for ei- ment to the energy bill dealing with Who yields time? ther one of us. But we have discussed the right of the Eskimo people of Alas- AMENDMENT NO. 3257 TO AMENDMENT NO. 2917, AS this in our caucus. We are prepared to ka to proceed with oil and gas develop- MODIFIED accept the limitation. This would also ment on their lands. This weekend I Mr. MURKOWSKI. Mr. President, I be the process that would get us to a conferred with them and their rep- ask unanimous consent that amend- conclusion by, I believe, Thursday or resentatives, and they would prefer not ment No. 3257 be modified with the Friday, at the latest, of this week. to raise that issue at this time and to change that is at the desk, the amend- I support this initiative, and it is a allow the process to go forward in ment be agreed to, and the motion to bipartisan effort. I thank Senator terms of the energy bill and in terms of reconsider be laid upon the table.

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.028 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3121 Mr. REID. Mr. President, this has ka natural gas credit received by the tax- chapter A of chapter 1, as amended by this been cleared by Senator BINGAMAN. payer for such years had been zero. Act, is amended by adding at the end the fol- The PRESIDING OFFICER. Without ‘‘(2) SPECIAL RULES.— lowing new item: ‘‘(A) TAX BENEFIT RULE.—The tax for the ‘‘Sec. 45M. Alaska natural gas.’’. objection, it is so ordered. taxable year shall be increased under para- The amendment (No. 3257), as modi- graph (1) only with respect to credits allowed CLOTURE MOTION fied, is as follows: by reason of this section which were used to The PRESIDING OFFICER. Under At the appropriate place insert the fol- reduce tax liability. In the case of credits the previous order, pursuant to rule lowing not so used to reduce tax liability, the XXII, the Chair lays before the Senate SEC. . CREDIT FOR PRODUCTION OF ALASKA carryforwards and carrybacks under section the pending cloture motion, which the NATURAL GAS. 39 shall be appropriately adjusted. (a) IN GENERAL.—Subpart D of part IV of ‘‘(B) NO CREDITS AGAINST TAX.—Any in- clerk will state. sub-chapter A of chapter 1 (relating to busi- crease in tax under this subsection shall not The assistant legislative clerk read ness related credits), as amended by this Act, be treated as a tax imposed by this chapter as follows: is amended by adding at the end the fol- for purposes of determining the amount of CLOTURE MOTION lowing new section: any credit under this chapter or for purposes We, the undersigned Senators, in accord- ‘‘SEC. 45M. ALASKA NATURAL GAS. of section 55. ance with the provisions of rule XXII of the ‘‘(a) IN GENERAL.—For purposes of section ‘‘(e) APPLICATION OF RULES.—For purposes Standing Rules of the Senate, hereby move 38, the Alaska natural gas credit of any tax- of this section, rules similar to the rules of to bring to a close the debate on the Daschle/ payer for any taxable year is the credit paragraphs (3), (4), and (5) of section 45(d) Bingaman substitute amendment No. 2917 for amount per 1,000,000 Btu of Alaska natural shall apply. Calendar No. 65, S. 517, a bill to authorize gas entering any intake or tie-in point which ‘‘(f) NO DOUBLE BENEFIT.—The amount of funding for the Department of Energy and was derived from an area of the state of any deduction or other credit allowable for other purposes: Alaska lying north of 64 degrees North lati- under this chapter for any fuel taken into Jeff Bingaman, Jean Carnahan, Edward tude, which is attributable to the taxpayer account in computing the amount of the Kennedy, Patty Murray, Mary and sold by or on behalf of the taxpayer to credit determined under subsection (a) shall Landrieu, Byron L. Dorgan, Robert an unrelated person during such taxable year be reduced by the amount of such credit at- Torricelli, Bill Nelson, John Breaux, (within the meaning of section 45). tributable to such fuel. Tom Carper, Tim Johnson, Hillary R. ‘‘(g) APPLICATION OF SECTION.—This section ‘‘(b) CREDIT AMOUNT.—For purposes of this Clinton, Jon Corzine, John Rockefeller, section— shall apply to Alaska natural gas entering any intake or tie-in point which was derived Daniel Inouye, Max Baucus, Harry ‘‘(1) IN GENERAL.—The credit amount per Reid, Maria Cantwell. 1,000,000 Btu of Alaska natural gal entering from an area of the state of Alaska lying any intake or tie-in point which was derived north of 64 degrees North latitude for the The PRESIDING OFFICER. By unan- from an area of the state of Alaska lying period— imous consent, the mandatory quorum north of 64 degrees North latitude (deter- ‘‘(1) beginning with the later of— call is waived. mined in United States dollars), is the excess ‘‘(A) January 1, 2010, or The question is, Is it the sense of the ‘‘(B) the initial date for the interstate of— transportation of such Alaska natural gas, Senate that debate on amendment No. ‘‘(A) $3.25, over 2917 to S. 517, a bill to authorize fund- ‘‘(B) the average monthly price at the and AECO C Hub in Alberta, Canada, for Alaska ‘‘(2) except with respect to subsection (d), ing the Department of Energy to en- natural gas for the month in which occurs ending with the date which is 15 years after hance its mission areas through tech- the date of such entering. the date described in paragraph (1).’’. nology transfer and partnerships for (b) CREDIT TREATED AS BUSINESS CREDIT.— ‘‘(2) INFLATION ADJUSTMENT.—In the case of fiscal years 2002 through 2006, and for Section 38(b), as amended by this Act, is any taxable year beginning in a calendar other purposes, shall be brought to a year after the first calendar year ending amended by striking ‘‘plus’’ at the end of paragraph (22), by striking the period at the close? after the date described in subsection (g)(1), The yeas and nays are required under the dollar amount contained in paragraph end of paragraph (23) and inserting ‘‘, plus’’, and by adding at the end the following new the rule. The clerk will call the roll. (1)(A) shall be increased to an amount equal The assistant legislative clerk called to such dollar amount multiplied by the in- paragraph: ‘‘(24) the Alaska natural gas cred- flation adjustment factor for such calendar it determined under section 45M(a).’’. the roll. (c) ALLOWING CREDIT AGAINST ENTIRE REG- year (determined under section 43(b)(3)(B) by Mr. NICKLES. I announce that the ULAR TAX AND MINIMUM TAX.— Senator from North Carolina (Mr. substituting ‘the calendar year ending before (1) IN GENERAL.—Subsection (c) of section the date described in section 45M(g)(1)’ for 38 (relating to limitation based on amount of HELMS) is necessarily absent. ‘1990’). tax), as amended by this Act, is amended by The yeas and nays resulted—yeas 86, ‘‘(c) ALASKA NATURAL GAS.—For purposes redesignating paragraph (5) as paragraph (6) nays 13, as follows: of this section, the term ‘Alaska natural gas’ and by inserting after paragraph (4) the fol- [Rollcall Vote No. 77 Leg.] means natural gas entering any intake or lowing new paragraph: YEAS—86 tie-in point which was derived from an area ‘‘(5) SPECIAL RULES FOR ALASKA NATURAL Akaka Domenici Lott of the state of Alaska lying north of 64 de- GAS CREDIT.— Allard Dorgan Lugar grees North latitude produced in compliance N GENERAL ‘‘(A) I .—In the case of the Alas- Allen Durbin McConnell with the applicable State of Federal pollu- ka natural gas credit— tion prevention, control, and permit require- Baucus Edwards Mikulski ‘‘(i) this section and section 39 shall be ap- Bayh Ensign Miller ments from the area generally known as the plied separately with respect to the credit, Bennett Enzi Murkowski North Slope of Alaska (including the conti- and Biden Fitzgerald Nelson (FL) nental shelf thereof within the meaning of ‘‘(ii) in applying paragraph (1) to the Bingaman Frist Nelson (NE) section 638(1)), determined without regard to credit— Bond Gramm Nickles the area of the Alaska National Wildlife Ref- ‘‘(I) the amounts in subparagraphs (A) and Breaux Grassley Reid uge (including the continental shelf thereof (B) thereof shall be treated as being zero, and Brownback Gregg Roberts within the meaning of section 638(1)). ‘‘(II) the limitation under paragraph (1) (as Bunning Hagel Rockefeller ‘‘(d) RECAPTURE.— modified by subclause (I)) shall be reduced Burns Harkin Santorum ‘‘(1) IN GENERAL.—With respect to each by the credit allowed under subsection (a) for Byrd Hatch Sarbanes 1,000,000 Btu of Alaska natural gas entering the taxable year (other than the Alaska nat- Campbell Hollings Sessions any intake or tie-in point which was derived Carnahan Hutchinson Shelby ural gas credit). Carper Hutchison Smith (NH) from an area of the state of Alaska lying ‘‘(B) ALASKA NATURAL GAS CREDIT.—For Chafee Inhofe Smith (OR) north of 64 degrees North latitude after the purposes of this subsection, the term ‘Alaska Cleland Inouye Snowe date which is 3 years after the date described natural gas credit’ means the credit allow- Cochran Jeffords Specter in subsection (g)(1), if the average monthly able under subsection (a) by reason of sec- Collins Johnson Stevens price described in subsection (b)(1)(B) ex- tion 45M(a).’’. Conrad Kennedy Thomas ceeds 150 percent of the amount described in (2) CONFORMING AMENDMENTS.—Subclause Corzine Kerry Thompson subsection (b)(1)(A) for the month in which (II) of section 38(c)(2)(A)(ii), as amended by Craig Kohl Thurmond occurs the date of such entering, the tax- this Act, subclause (II) of section Crapo Landrieu Torricelli 38(c)(3)(A)(ii), as amended by this Act, and Daschle Leahy Voinovich payer’s tax under this chapter for the tax- Dayton Levin Warner able year shall be increased by an amount subclause (II) of section 38(c)(4)(A)(ii), as DeWine Lieberman Wellstone equal to the lesser or— added by this Act, are each amended by in- Dodd Lincoln ‘‘(A) such excess, or serting ‘‘or the Alaska natural gas credit’’ ‘‘(B) the aggregate decrease in the credits after ‘‘producer credit’’. NAYS—13 allowed under section 38 for all prior taxable (d) CLERICAL AMENDMENT.—The table of Boxer Clinton Feinstein years which would have resulted if the Alas- sections for subpart D of part IV of sub- Cantwell Feingold Graham

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.035 pfrm04 PsN: S23PT1 S3122 CONGRESSIONAL RECORD — SENATE April 23, 2002 Kyl Reed Wyden The ethanol mandate in this bill is that is conservative and that does not McCain Schumer Murray Stabenow something we have not seen in many deal with spikes. In Arizona, it will go years. It is one of those provisions that up 7.6 cents; in California, 9.6 cents; in NOT VOTING—1 sort of starts out quietly, sometimes Connecticut, 9.7 cents; Delaware, 9.7; Helms passes this body and the other body, Illinois, 7.3; Kentucky, 5.4; Maryland, The PRESIDING OFFICER. On this and becomes law. There are these types 9.1 cents; Massachusetts, 9.7 cents; Mis- vote, the yeas are 86, the nays are 13. of provisions that come up every so souri, 5.6 cents; New Hampshire, 8.4 Three-fifths of the Senators duly cho- often without much debate, and then a cents; New Jersey, 9.1 cents; New York, sen and sworn having voted in the af- year or two later there is an outcry in 7.1 cents; Pennsylvania, 5.5 cents; firmative, the motion is agreed to. the Nation. We all come back and say Rhode Island, 9.7 cents; Texas, 5.7 The PRESIDING OFFICER. The Sen- to one another: How the heck did this cents; Virginia, 7.2 cents; Wisconsin, 5.5 ator from New York. thing pass? How did it pass with so lit- cents; and in all the other States it AMENDMENT NO. 3030 TO AMENDMENT NO. 2917 tle debate? How did it pass with such goes up 4 cents. Mr. SCHUMER. Mr. President, I ask detrimental requirements to such a Some of our colleagues say this is unanimous consent that the amend- large percentage of our population? necessary in the Middle West. They ment now pending be laid aside, and I It happened on the catastrophic ill- tried to pass a mandate in Nebraska call up amendment No. 3030 and ask for ness bill about 10 years ago. It hap- and in Iowa. In both cases it was de- its immediate consideration. pened on the S&L bill about 20 years feated. The legislative bodies of those The PRESIDING OFFICER. Without ago when we allowed S&Ls to take peo- States, which will do a lot better under objection, it is so ordered. ple’s hard-earned money and invest it ethanol mandates than New York, Cali- Mr. SCHUMER. Mr. President, I fur- in almost anything they wanted. Each fornia, Texas or Florida, defeated it, ther ask unanimous consent that fol- of these amendments, as this one, has and yet we have the temerity to im- lowing debate on the amendment, the the potential to sort of breeze right pose it on every State in the Union. Senate proceed to a rollcall vote on the through the legislative process, be Many of my colleagues on the other side advocate free market policies. I amendment. signed into law because it seems all the Mr. LOTT. I object. special interests that want it are lined have rarely seen a greater deviation Mr. SCHUMER. I withdraw that re- up behind it, and only after it becomes from free market policies than this quest. law is there a public outcry. I believe proposal. As somebody said to me, first The PRESIDING OFFICER. The re- that will happen with this amendment, the Government subsidizes ethanol and quest is withdrawn. and I ask my colleagues to be very then mandates that everybody use it. The clerk will report the amendment. careful before they vote for it because That sounds more like something out The assistant legislative clerk read what this mandate provision does, of the Soviet Union than out of the as follows: above all, by requiring that every United States of America. I, too, want to help corn farmers, and The Senator from New York [Mr. SCHU- State use ethanol or buy ethanol cred- my voting record shows it, but this is MER], for himself and Mrs. FEINSTEIN, pro- its for their gasoline, whether they poses an amendment numbered 3030 to going to be trickle down for the farm- need it or not, is it will raise gasoline ers. As we have mentioned before, Ar- amendment No. 2917. prices. It is like a gas tax in every Mr. SCHUMER. Mr. President, I ask cher Daniels Midland controls 41 per- State of the Union, a minimum of 4 cent of the ethanol market. If the man- unanimous consent that the reading of cents to 10 cents, and probably at cer- the amendment be dispensed with. date is tripled, which is what we do, tain times much more than that. there will be price spikes and some- The PRESIDING OFFICER. Without If we look at the States, those on the body with monopoly power—as has Ar- objection, it is so ordered. east coast and the west coast are more The amendment is as follows: cher Daniels Midland or Coke—will be affected—I have a chart with maps— able to raise the prices through the (Purpose: To strike the section establishing and even States in the heartland will a renewable fuel content requirement for roof. Remember the California elec- be affected as well. tricity crisis where someone had a vir- motor vehicle fuel) Why are we doing this? We know we tual monopoly on a necessity? They Beginning on page 186, strike line 9 and all want to keep the air clean, but the re- raised the price. That is what is going that follows through page 205, line 8. finers tell us ethanol is not the only On page 236, strike lines 7 through 9 and in- to happen if we pass this ethanol man- way to proceed. Many environmental sert the following: date. leaders say ethanol is at best a neutral is amended— I am going to yield for a few minutes (1) by redesignating subsection (o) as sub- proposition; it sometimes will reduce and let my colleague from California section (p); and carbon in the air but will increase join in. But the bottom line is simple: (2) by inserting after subsection (n) the fol- smog. At the same time, we are saying There are better ways to clean the air lowing: as to those additives that cause trouble for most parts of the country. This is ‘‘(o) ANALYSES OF MOTOR VEHICLE FUEL and might pollute the ground, you can- expensive, it is a mandate, it will raise CHANGES’’. not sue those who put them there. our gasoline prices, and it is so anti- The PRESIDING OFFICER. The Sen- This provision is a combination. It is thetical to free market policies, I find ator from New York. almost a bewitching brew of cats and it hard to believe we are going to pass Mr. SCHUMER. Mr. President, this is dogs that leads to trouble for the it. an amendment on which we have had American people. I reserve the remainder of my time. some discussion. It is the amendment I have gone over in my previous talks The PRESIDING OFFICER (Mr. CAR- to strike the ethanol mandate, the eth- what this amendment does and why it PER). The Senator from California. anol gas tax, from the energy bill. has come about, but let me say that Mrs. FEINSTEIN. Mr. President, I Once again, I want to let my col- every one of us wants to see the air rise to support the amendment of Sen- leagues know how much I understand clean, every one of us wants to see no ator SCHUMER, which is to remove the those who are for this amendment, backsliding in the clean air provisions, so-called renewable fuels part of the their desire to do it, and I particularly and every one of us believes there are a energy bill. want to let people know how much I re- number of ways to do it. In some I am a member of the Energy Com- spect our majority leader, TOM States in the Middle West, ethanol is mittee. You can imagine my consterna- DASCHLE, and how painful it is for me probably the best way to do it, but in tion when I find a bill that is put to- to oppose him on something about many States on the coasts, in the gether in the dark of night with this which I know he cares very much. heartland, and in the Rocky Mountain renewable fuels requirement that has He is a principled, compassionate, areas, ethanol is more expensive, less had no hearing, no comment, no oppor- and an extraordinary public servant. environmentally useful, and a needless tunity for the Energy Committee to He is a friend to the people of my State mandate. take a good look at it. and the whole country, and I thought Let me again read the names of some This is a bill that adds to a subsidy of long and hard about this but felt com- of the States where the price of gaso- 53 cents a gallon on ethanol under ex- pelled to speak out about it. line will go up a lot. This is a study isting law, it mandates a tripling of the

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.007 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3123 ethanol use in the next 10 years produces smog pollution, is actually shudders. Moving ethanol to places outside throughout the Nation, this is in addi- greater as a product of ethanol. the Midwest involves big shipping fees, or tion to protective tariffs of 54 cents a In a State like California that has building new capacity. Refiners also face gallon in existing law, so no nation been very concerned about pollution, costs in adding ethanol to their products. According to independent consultant Hart that might be able to produce it more this is only going to do one thing: it is Downstream Energy Services, the mandate cheaply has no chance of exporting it going to increase smog in the State of would cost consumers an extra annual $8.4 economically into the United States. It California. billion at the pump the first 5 years. New is protect, protect, protect. Additionally, ethanol enables the York and California would see gas prices rise It has been said that this is a massive separation of the components of gaso- by 7 cents to 10 cents a gallon. . . . transfer of wealth out of some States line; therefore, benzene, for example, And that doesn’t take into account inevi- into other States. I deeply believe all which is in gasoline and which is car- table price spikes. There simply isn’t enough of that is true. cinogenic, can separate from gasoline. corn in all of Iowa to meet new ethanol de- Only 1.77 billion gallons of ethanol mands. Last year the ethanol industry pro- So if there is a leak, then benzene is duced only 1.7 billion gallons. The Daschle were produced in 2001. The Senate bill one of the additives that leaks. All of mandate would require it to increase produc- requires 5 billion gallons by 2012. the reports say it enables gasoline tion by more than 35 percent in a mere 3 Alone, California, the largest State in leaks to travel farther and faster, once years. the Union, is forced to use 2.68 billion it is released. That is a tall order for any industry, much gallons of ethanol it does not need. It Important in all of this to those of us less one that relies on Mother Nature. Some doesn’t need this ethanol to clean the who care about transit and highway estimates are that a shortage could double gas prices. air because California has reformulated funding is something that is really in- fuel and can meet the clean air stand- teresting. We presently put into the Why are we doing this? Why does this ards at all times except for winter Highway Trust Fund about 18 cents a bill have to be so greedy? Why does it months in the southern California-Los gallon. Since ethanol is only taxed at need to triple ethanol use? Nobody Angeles market. Then it uses ethanol. 13 cents a gallon the Highway Trust really knows what it does to the envi- This chart very clearly indicates the Fund will lose at least $7 billion. So ronment. Why triple it? How is a good situation. I have shown this before. this lessens the highway trust fund for energy bill going to be viewed, if it tri- Here, the blue is what my State would everybody who looks to that fund for ples something about which there is use of ethanol to meet clean air stand- dollars for buses, for dollars for high- great uncertainty and many States ards. This is what this mandate re- ways, for dollars for transportation don’t need to use it? The west coast quires that the State either use or pay systems. There will be at least $7 bil- and the east coast don’t have the infra- for. That is not good public policy. It is lion less according to CRS. structure to absorb it, let alone a $7 not good public policy because the Let me read what the boilermakers billion cut in the highway trust fund. State doesn’t need it. say about that. The International Cut the highway trust fund and Cali- Additionally, the California Energy Union of Boilermakers have written: fornians are forced to pay higher gas taxes, and have less money to build the Commission has said this action will Simply put, for each $1 billion the Trust create a 5-percent to 10-percent short- Fund loses, America loses almost 42,000 jobs. roads, highways, and transportation fall in California’s gasoline—a 5-per- . . . And that is a resource we cannot renew. systems they need, let alone cut 300,000 cent to 10-percent shortfall. It is our understanding that by mandating jobs nationwide. Our refiners are at 98 percent of ca- the use of ethanol, this legislation is encour- I will admit that the ethanol lobby is pacity, so how do we refine enough gas- aging the market penetration of ethanol, un- a tough lobby. About a year ago, I was oline to meet the need? We do not. This dermining America’s infrastructure and trying to negotiate in my office. I in- means a gas tax. America’s environment. vited most of the California refiners, It is estimated by some that it could The bottom line in this letter is that oil companies, the corn growers, and even lead to gas prices of $4 per gallon. this ethanol mandate is a dangerous the renewable fuels associations. I Senator SCHUMER has said it is 10 cents approach and is going to result in dra- thought we had worked out something. a gallon additional for California, New matic job loss. Then, the renewable fuels people York and other States. If you put two Also, ethanol is not necessarily a re- backed off the table. Now they come tankfuls in your car a week, figure out newable fuel, despite what everyone back greedy. what that costs in terms of an addi- says. There are a number of scientific What they have done—and let us call tional tax that every motorist will be reports that have found it takes more a spade a spade—is essentially quieted paying. energy to make ethanol than it saves. the refineries by promising them in Since 98 percent of the ethanol pro- It actually takes 70 percent more en- this bill protection against liability, so duction is based in the Midwest, States ergy to produce ethanol than it saves. that nobody can sue an oil company if outside the Corn Belt have severe in- So the bottom line is that this is a the ethanol causes gasoline to sepa- frastructure and ethanol supply prob- bad deal. This deal is even made worse rate, as it does, and benzene leaks, and lems. This is the reason we do: You by the fact that despite these environ- people are adversely impacted. They cannot put ethanol in a pipeline. You mental considerations, nobody will be cannot sue. The gasoline companies— have to barge it, truck it, or rail it in. able to sue. There is a safe harbor pro- because they told me this—wanted this We will have to rail in 2.68 billion gal- vision, so no one can sue if the environ- protection against liability. If they had lons of ethanol that California does not ment is damaged or the public health is the protection against liability, they need. The infrastructure is not pres- damaged. would reluctantly go along with this ently there for it. Here we have a bill that on top of the package. We have talked about the high mar- ethanol subsidies, it cuts the highway That is not good energy policy. How ket concentration, the fact that one trust fund, it mandates an increase in is it good energy policy to triple some- company controls 41 percent of the eth- the gas tax, and it benefits mainly pro- thing that has mixed environmental anol production and that eight compa- ducers in the Midwest. It is, in my impact, at best? How is it good energy nies together control 71 percent. Some view, a bad addition to this energy bill. policy to increase gas prices? How is it articles have been written said this is Frankly, I think it is so bad that I am good energy policy to take $7 billion what creates a massive transfer of very pleased to support Senator SCHU- out of the highway trust fund, cost wealth: 70 percent of the dividends in MER’s amendment which would remove 300,000 jobs, and cut funding to the this package go to the ethanol pro- this renewable fuels requirement from transportation system, the highways, ducers; only 30 percent go to the actual the bill, permit an oxygenate waiver and the roads that this country needs? corn farmers. but remove the ethanol from the bill. How is that good energy policy? Ethanol also has a mixed environ- I don’t quite know how we defeat To mandate a tripling of the fuel, mental impact. Let me tell you why. this. I wish to read from a Wall Street then saying they are credits, but if you Ethanol helps retard carbon monoxide, Journal editorial that ran last week: do not use them, you pay for them. but ethanol also produces more nitro- If consumers think the federal gas tax is This is on top of fundamentally pro- gen oxide emissions. So the NOX, which ugly, this new ethanol tax will give them tecting the Midwest corn industry by

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.041 pfrm04 PsN: S23PT1 S3124 CONGRESSIONAL RECORD — SENATE April 23, 2002 putting a 54-cent-a-gallon tariff on any that any shortfall in supply, because of Mr. President, I yield the floor. imported ethanol to keep it out of the manipulation, which we know is pos- The PRESIDING OFFICER. The Sen- country because it might cost the mo- sible because just a small number of ator from Nebraska. torists less, how is that good energy producers control the market—this is Mr. NELSON of Nebraska. Mr. Presi- policy? Enron redux; therefore, they will have dent, ordinarily I am in agreement Somebody come and tell me. unusual market control over price— with my esteemed colleague from Cali- California would top the list in the will be exacerbated because the State fornia and certainly with my esteemed amount of transit dollars lost because will be reliant on ethanol coming from friend and colleague from New York, of the ethanol mandate. Maybe nobody another region. but this is one occasion where I could cares about California, but Senator According to a recent report issued not be in more opposition to what was BOXER and I do. by the GAO, 98 percent of ethanol pro- said and to the positions which are I would like to reference an article duction is located just in the Midwest. being held. that mentions the big losers. I don’t have a problem if the Midwest Earlier this morning, I vented my California is a big loser. It loses $905 wants to use it; that is fine with me. frustration over the continuing attacks million from the highway trust fund The problem is as a matter of public against ethanol and other biofuels that over 9 years. policy pushing it here and pushing it extend back almost a quarter of a cen- Texas is a big loser. It loses $750 mil- there where States don’t need it. tury. In many instances, opponents lion from the highway trust fund. As you can see, if you can’t pipe it, simply have said that the marketplace New York is a big loser. It loses $493 you have to truck it or barge it or rail will not permit the price to go to the million that could be used for subways, it. Where is the infrastructure? How do bottom cost. Opponents have said this for buses, and for transit systems. you get these billions of additional gal- will actually create a challenge and in- Pennsylvania is a big loser. It loses lons required to California? What if crease gasoline prices at the pump. But $446 million. some of the plants aren’t built? the information being provided just Florida is a big loser. It loses $436 With the electricity crisis in Cali- simply isn’t accurate. million from the highway trust fund. fornia, it is very interesting; there The RFS and the biorefinery concept Illinois: $337 million from the high- were a number of new electricity gen- will actually lead to the construction way trust fund. erating facilities that were going to of many of the biorefineries now being Ohio: $336 million from the highway come online. The economy dipped. planned in locations indicated by the trust fund. Some of them aren’t built. Companies red dots on this map I have. It is not Georgia: $333 million from the high- have financial reverses, and they don’t simply concentrated within the Mid- way trust fund. build. western States, as has been suggested. Michigan: $312 million from the High- What is to say that is not going to This may be where it began, but, as in way Trust Fund. happen with ethanol? Who is to say so many things, where things end does And New Jersey, the last State that that all of the facilities the ethanol not always depend on where they is a big loser, loses $262 million from supporters believe will be there will ac- began. This is a perfect example. I the highway trust fund. tually be there? think Delaware is close to being in- Who is to say there will not be price Mr. SCHUMER. Mr. President, if the cluded in part of that because biomass spikes? Who is going to say there is not Senator will yield for a question, the of all kinds, as well as animal waste, going to be an increase in the gas tax? Senator is saying that in those States can be utilized in the development of Who is to say we are not going to lose we are going to charge the motorists ethanol and other fuels. $7 billion from the highway trust fund I would like to move away from some more, but at the same time, because all and that that is not going to result in of the negative things that have been roads lead to ethanol, we are going to 300,000 less jobs in this country? How is said about ethanol to something which give them less money for their highway that good public policy? I think is more positive and provides trust fund. So they pay more for gaso- I think it is unconscionable public some information. The RFS will not in- line, but, unlike even the gasoline tax policy. It is selfish public policy. It is crease the cost of ethanol from 4 to 50 that doesn’t go to road building, the ef- parochial public policy to the nth de- cents more than ethanol-free gasoline. fect of this amendment is to take gree. Depending on which statistic is being money out of road building. I must tell you, to me, this ethanol provided, you simply have to ask this Mr. FEINSTEIN. That is exactly cor- mandate overcomes everything else in question: Which cost analysis do you rect, because of the subsidy on ethanol, the bill because I do not know any believe? usually 18 cents a gallon, which goes driver—California has some of the A consulting firm, working for the into the highway trust fund. With eth- longest commutes in the Nation. Driv- Oxygenated Fuels Association, whose anol, it drops to 13 cents a gallon. That ers sometimes fill their tanks three members produce and market MTBE, is a $7 billion take from the highway times a week. Some of our drivers trav- 70 percent of which is imported—and trust fund over the years of this bill. el 21⁄2 hours in the morning and 21⁄2 the defeat of the RFS will keep MTBE Mr. SCHUMER. I thank the Senator hours in the evening from the Central markets alive—says it will increase the from California. Valley to the coast to work. cost $4 to $9.75 per gallon. Do you be- Mrs. FEINSTEIN. I thank the Sen- What does that do to the price of gas? lieve those figures or do you believe ator from New York. It is a huge tax increase. It would be the Department of Energy’s Energy In- How is this a good provision for the hundreds of dollars a year at 10 cents a formation Administration material energy bill? How does it even justify gallon. So nobody should think that which says the increase, at the most, is the rest of the energy bill? I don’t you are not voting for a tax hike when between a half a cent and 1 cent per think it does. you vote for this bill. gallon. How can you cost States this enor- I think that I have covered it except If you do not believe our Department mous amount? How can you force a tri- I want, just once again, to repeat these of Energy’s Energy Information Ad- pling of ethanol when you don’t know losses for States. We have 1, 2, 3, 4, 5, 6, ministration calculation and cost esti- all of the environmental effects? How 7, 8, 9, 10 States that are big losers as mate, then let’s just go to marketplace can you force it when you know the ef- to the highway trust fund: California, reality, because that is where we will fect is increasing NOx which increases Texas, New York, Pennsylvania, Flor- end up in any event. smog? How is that good legislation? ida, Illinois, Ohio, Georgia, Michigan, Twenty years’ experience in Ne- It may well be that some ethanol is and New Jersey. As the distinguished braska, 1 cent less than ethanol-free good. The problem is tripling it. It is Senator from New York has said, they gasoline at the pump; 10 years’ experi- forcing ethanol where it isn’t needed. are going to be forced to pay higher gas ence in Minnesota, 8 cents less than It is forcing ethanol with a potential prices, to lose money for the trust gasoline at the wholesale level; 1.5 deterrent to health, to the environ- fund, to put something in their gaso- years’ experience in California, there is ment, and to the highway trust fund. line that they do not need that in- no essential difference to the public; 10 I have a dramatic difference of opin- creases pollution and may well have a years’ experience nationwide, no essen- ion with respect to this bill. I believe detrimental environmental effect. tial difference to the public.

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.044 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3125 The question is, which numbers do So if you really take a look at the 95. Ethanol has an octane number of you believe? It is always about that production of ethanol, it now consumes 113. They have a valuable blending when you come to projections. much less nonrenewable oil as the eth- pressure while ethanol’s blending vapor Furthermore, the availability of eth- anol replaces. The latest U.S. Depart- pressure requires compensatory action. anol blends has been shown to actually ment of Agriculture report dem- However, alkylates are the most valu- drive down the price of all gasoline as onstrates that ethanol production ac- able component in finished gasoline, at a result of market forces. If you take a tually has this positive balance that we least the value of premium gasoline. look at the wholesale price of regular have displayed on this chart. The bulk Because they are so valuable and so gasoline versus ethanol, as shown on of the energy used in fertilizing the clean burning, they are husbanded by the chart, you can see that ethanol, as crops and to power ethanol production refiners and are in short supply and not indicated by the green line on this plants comes from natural gas or coal. available on the open market. chart—and on one or so occasions Additionally, with farmers using more The other alternative being offered, spiked above regular gasoline, such as ethanol and biodiesel in their vehicles, alkylates—bottom line—they are valu- back in 1992—continues to trail regular the use of fossil fuels to produce able and clean burning, but their oc- gasoline at the wholesale price, as you biofuels could actually approach zero. tane number is lower than ethanol, and see the amount of experience that we The bottom line: Ethanol and other they are destined to be much more have had over this 12- or 10-year period. biofuels are America’s best bet in cut- costly than ethanol, as is the case with If you go to the next chart and take ting imports and advancing national aromatics. a look at the retail price of motor gas- and energy security. Everybody seems There is another point. There will be oline versus ethanol, you can see that to be in agreement, we need to have no shortages. There has been the sug- that is a similar trend factor, so that less reliance on foreign oil. gestion that somehow we might find ethanol has trended a lower cost than Homeland security also benefits be- ourselves short on the production of ethanol-free gasoline or, if you will, cause biorefineries will be much small- ethanol. There won’t be any shortages regular gasoline. er than oil refineries and far more dis- of ethanol and other biofuels in the So the question is, in many in- tributed, as the first chart dem- marketplace over the next 10 years. If stances, which numbers do you believe? onstrated. We don’t have the same con- you take a look at poster No. 1, you If you do not believe the Department of cern about concentration when we talk have already seen the map showing Energy’s Energy Information Adminis- about biorefineries and spreading the ethanol plants, biofuel plants that are, tration, and you want to believe an- biorefinery concept across our Nation, first, those that are under construction other organization, that is fine, but with positive effects for energy secu- or expansion, those that are under- what I think you should do, ulti- rity as well as for homeland security. going planning, and those that are ac- mately, is look at the marketplace re- Additives to gasoline such as aro- tually operating. By the end of this ality of what has, in fact, happened to matics and alkylates to replace MTBE year, there will be surplus supplies to the price of ethanol. and ethanol are not better and less ex- meet the 2004 target, and the incen- Further, as evidenced by these pensive. Some have suggested that tives of the RFS will keep supplies well graphs, the cost of ethanol has been at what we ought to do is find another ahead of the requirements in the stand- or below the cost of gasoline. That cost way to go. We ought to find other addi- ards. If that proves to be wrong, there advantage for ethanol has become more tives, and they actually are best. When are provisions in the RFS to protect pronounced in recent months and is lead was phased out of gasoline in the consumers—in other words, a backup now nearly 30 cents a gallon lower than early 1980s, the ethanol industry was plan if all else fails. With the exception gasoline at the wholesale level. hopeful that refiners would turn to eth- of the Strategic Petroleum Reserve, This is the principal reason we can- anol to gain needed octane. Instead, there are no such provisions to protect not delay implementation of the RFS. they turned to aromatics, driving lev- consumers from rising foreign oil costs. The smaller, newer ethanol producers els up to the point that they threat- Bottom line: The provisions of the urgently need fair market prices. ened engine performance and human RFS and biofuels provide the driving Furthermore, ethanol production ca- health. public with much greater protection pacity by the end of 2002 is expected to The Clean Air Act amendments of against shortages, higher prices, and be 2.3 billion gallons, the level required 1990 actually put a cap on aromatics negative national security, as well as by the RFS in 2004. There will not be and an especially low cap on benzene, a environmental consequences than any shortages. potent carcinogen. A recent sampling MTBE, aromatics, and alkylates. For those who have suggested that in Nebraska revealed that in several in- In yet a better world, biofuels and all somehow we will not be able to produce stances aromatics in gasoline exceeded three of these gasoline components enough ethanol to meet the standards the cap and passed well into the danger should work cooperatively to provide and requirements, the facts, once area, threatening the environment and an optimum fuel—optimum in consid- again—the marketplace reality and the human health. ering the full spread of the Nation’s production reality—just do not show What is not commonly known is that needs. that. the other two aromatics, toluene and If you review the map and you review The bottom line is that history and xylene, to some extent convert to ben- historic and current pricing structures, realistic projections show that ethanol zene in the combustion process; there- you see they not only provide assur- will be the least cost option for refiners fore, both in the engine and in the ance that there will be no biofuels to extend supplies and meet octane catalytic converter. Furthermore, last shortages under the RFS that could needs. week’s prices demonstrate that on av- drive prices up, but they also give evi- Now, it also takes much less fossil- erage the three aromatics I am refer- dence that it will not be the three big fuel energy to produce ethanol than it ring to were selling about 52 cents a ethanol producers benefiting from the contains in a renewable form; and, con- gallon higher than ethanol and again new public policies. Rather, the bene- sequently, there are major energy secu- on average have an octane number ficiaries will be smaller producers of rity benefits from its production and about 10 points lower than ethanol. feedstocks and owners of biorefineries use. Biodiesel and cellulosic ethanol Bottom line: The aromatics are no spread all across the country. are even much better. match for ethanol in terms of cost, oc- Bottom line: We must in fact build a If you take a look at the net energy tane, human health, and the environ- better and a new and more self-reliant balance of corn ethanol, it increased ment. energy policy in America. from 1.24 percent in 1995 to 1.34 percent Please recognize that the wholesale Another point: Ethanol biodiesel and in the year 2000. Since then—you can prices for aromatics on average last other biofuels, their incentives and the follow the chart—higher corn yields week were twice the cost of ethanol RFS will actually save the taxpayer per acre and new technologies used to and are 10 points short in providing money. Study after study has shown convert corn to ethanol have further sought-after octane. over the years—this is the most recent improved the net energy savings or the Alkylates are a better bet. They have study—that biofuels policies, pro- net energy balance. an octane number ranging from 92 to grams, and incentives are real bargains

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.047 pfrm04 PsN: S23PT1 S3126 CONGRESSIONAL RECORD — SENATE April 23, 2002 to Americans and of great import to As the Senator from Nebraska has not 4 cents, not 10 cents, but one-third the strength of our Nation. Americans noted, there have been a number of of a cent. are the big winners with ethanol and myths perpetrated about methanol and We have the Department of Energy other biofuels and even bigger winners ethanol that need to be addressed as we and the American Petroleum Institute when these renewable fuels have ready consider this RFS. saying this will be less than a 1 cent in- access to the transportation fuels mar- I want to take a couple of minutes— crease in the overall cost of fuel. ket at fair prices. I know a number of my colleagues are Let us make sure that people under- Some opponents of ethanol are sim- on the floor and I know each one wants stand. It is a myth, I say to my col- ply wrong on their opposition. They to speak—to address briefly these leagues, it is a myth and do not let have pointed out that the Iowa and Ne- myths because they need to be knocked anybody tell you differently. There is braska Legislatures were certainly try- down. no increase, no 4-cent, no 5-cent, no 10- ing to do something different than A myth stated often enough becomes cent increase. Who should know better what we are proposing in this body. fact in the minds of many. We do not than the Department of Energy and the These were only exploratory regu- want these myths to become fact in the American Petroleum Institute? latory efforts to increase the market minds of our Senate colleagues before It is clear, Hart/IRI would lose most for ethanol in both States and were in they have the opportunity to vote on of its business if they could not sustain fact resolved in a positive manner that amendments as critical as this one. the position they have advocated from increased production and market share One myth is that this requires States the very beginning in this very sub- in Iowa and Nebraska. There was no ef- to use ethanol. This does not require jected, distorted, and erroneous asser- fort to create a mandate but, rather, a any State to use ethanol, not one drop, tion that we are going to see the kind standard for gasoline that would best and I hope Senators will be clear about of increase in cost that they have advo- serve the overall needs of the States. that point. Senators have heard that so cated and that is often repeated in the The effort, though not embodied in frequently I am sure it is soon going to Senate Chamber. law, was in fact successful. Between become fact in the minds of some, but There is another myth, and the myth our two States of Iowa and Nebraska, because of the credit trading provi- is that somehow if we incorporate the we have the capacity to produce 920 sions, because of the waiver provisions renewable fuel standard, it is going to million gallons of ethanol annually— in this legislation, there is no require- be disruptive to the petroleum market. more than enough in an emergency to ment that States use ethanol. So to I will tell you what is going to be dis- meet 20 percent of our gasoline require- begin with let’s clarify that myth. ruptive, Mr. President. What is going ments with enough left over to give The second myth, and the one I have to be disruptive is if we phase out New York and California an additional heard so often expressed on the Senate MTBE—14 States have already done helping hand. floor, is that this RFS is going to that—if we phase out MTBE and we do By working together, we can find somehow increase the price of fuel. not have anything in its place. You ways to make almost every State in That assertion is made on the basis of want to see disruption, wait until we the Union equally self-reliant when it one study done by Hart/IRI Research. phase out MTBE and there is nothing comes to the additive to motor fuels That is the one cited by all of the oppo- there. We have no alternative. gasoline. Just as the Senate passed the nents of RFS. If you want to talk about the abrupt renewable portfolio standard for elec- What they do not tell you is that the disruption of supply and the increase in tricity that enjoyed the support of Hart/IRI Research organization is fund- cost, I cannot think of anything that California and New York, structured to ed in large measure by the methyl ter- will do that more effectively and in a serve the overall electricity needs of tiary butyl ether industry, by the more pronounced way than to simply the Nation, this standard is designed to MTBE industry. One-half of the rev- do what we are scheduled to do right help meet the overall transportation enue that is used to support Hart/IRI now: Phase out methyl tertiary butyl fuel needs of America. In terms of national energy security, comes from Liondel Petrochemical, ether. we are not importing electricity from which is the largest marketer of The very best thing we can do for the distant nations unfriendly to the MTBE, methyl tertiary butyl ether, consumers is to pass this bill, to pass United States. Ours is a liquid fuel pro- and the advocate. this standard to allow this gradual gram. Failure to support the renewable This is not, let me emphasize, an transition that this bill contemplates fuel standard in reality will mandate independent review. This is a very sub- in phasing in an alternative to this dis- our Nation to continue our dangerous jective review funded by the methanol ruptive approach that will currently be and declining path to foreign oil de- industry to destroy the alternative en- contemplated if we do not have some- pendency which everyone opposes. ergy fuels market. Their study, of thing to substitute in its place. In conclusion, it is clearly in the best course, advocates a position that is That is the third myth, that we are interest of the United States for us to just not accurate and has no basis in subject to disruption if the bill passes. be able to pass this RFS. We in the fact. Their study projects that the I would argue just the opposite. We are Senate should band together to try to price would increase 4 to 10 cents a gal- subject to major disruptions in supply find ways that will help make the re- lon, and it is being used by our distin- and extraordinary increases in cost if newable fuel standard available for guished Senators from New York and this bill is not in place to address those economic development and for the fuel California. The fact is, it is just wrong. disruptions now. security of all of our States. We need The Department of Energy said that There are two more myths, and I to advance a Manhattan-type project the RFS requirement would mean less want to talk about those. One is that it to ensure that we retake the world than 1 cent a gallon, nationwide one- is ethanol that will affect this cost, leadership in promoting biorefineries half cent per gallon. That is a Depart- and to find some alternative to ethanol in order to increase energy, national ment of Energy study. is one that will provide the panacea. I and homeland security, create new The API study, the American Petro- have heard some of my colleagues basic industries and quality new jobs, leum Institute study, said it would be a come to the Chamber and say: We do while enhancing our environment. one-third of a cent increase—not 4 not really need ethanol. The oil compa- The PRESIDING OFFICER (Mr. cents, not 10 cents. One would think nies can come up with alternatives to REED). The majority leader. the oil companies would be opposed to ethanol, and we ought to give them the Mr. DASCHLE. Mr. President, I com- this. They support it. Why do they sup- opportunity to come up with those al- pliment the distinguished Senator from port it? Because they understand this ternatives without mandating that Nebraska for an outstanding statement has very significant opportunities for ethanol be used. and for the leadership he has shown on us to address the oxygenate market, First, a large percentage of what the this issue for some time. He has been a the alternative energy market, the op- oil companies are going to have to use stalwart advocate and an extraor- portunities to deal with the challenges is either going to be imported or do- dinarily clear and strong voice on this they are facing without MTBE. Their mestic. We know that. There is no issue. I congratulate him and thank report, their review, their study says it other choice. The two alternatives to him for all of his effort. would be a one-third of a cent increase, ethanol, in large measure, are imported

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.049 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3127 product. We have alkylates and we date our opponents have rejected that through a price spike but just because have iso-octane. Both of those are im- offer. That would have been a fourth there is a shortage of ethanol and the ported. Both of those are far more ex- consumer protection I thought would market goes up? pensive than ethanol. Both of those have sufficed in meeting some of their I think ethanol is going to do very would cause the price hikes that our concerns, but they chose not to take well once the oxygenate requirement opponents continue to argue are the that offer. It stands as we proposed it, and MTBE is eliminated anyway. The reason they oppose ethanol. and clearly Senators would have an op- ethanol market is going to get better. The only domestic alternative is eth- portunity to avail themselves of that It has to. So I guess my question to my anol. The only domestic alternative offer if they chose to do it. friend—and I really mean this, ‘‘my where we can guarantee a supply is There have been a number of myths, friend,’’ not just in the legislative par- ethanol. The only domestic alternative and I am disappointed the myths con- lance—is, Why can’t we let the market where we know we are going to have tinue to be perpetrated without an ade- determine it? Why mandate it instead? some control on price is ethanol, if you quate response. We are going to con- Because the thrust of his argument is look at DOE and API reports. So do not tinue to respond to those myths and that ethanol is better—and maybe it let anybody think that somehow we try to knock them down and clarify is—and if it is, our argument does not can import all these products and not the record so all Senators are very mean much but then the market would be subject to dramatic increases in clear about what these alternatives are have New York, California, and all price. What is it about energy policy prior to the time they have a chance to these other States buy ethanol. that would ever cause somebody to ad- vote. Mr. DASCHLE. Mr. President, the vocate more imported product is the Mr. SCHUMER. Will the majority Senator from New York asks a very answer? That is what some of our oppo- leader yield? good question. My answer would be the nents are doing. I do not understand Mr. DASCHLE. I am happy to yield same as I am sure he responded to Sen- that. to the Senator. ator LEVIN about CAFE. Senator LEVIN If they are concerned about price, if Mr. SCHUMER. I would like to ask said: Why not let the market work on they are concerned about supply, if my colleague a question. CAFE? A lot of other Senators said: they are concerned about disruption, if Mr. REID. Will the Senator yield for Why not let the market work on they are concerned about all the rami- a unanimous consent request? Under CAFE? I think the Senator disagreed, fications of making sure their con- the rule, I have 1 hour of time for good reason, because if we set goals sumers are protected, the last thing postcloture. While the majority leader oftentimes, as a country working with- they should do is depend more on im- is in the Chamber, I ask unanimous in government and within the industry, ported product that we know is going consent that 55 minutes of my hour be we achieve them. Oftentimes, without to cost more than ethanol. given to the Senator from New York, the role of some goal-setting, we never The final myth is we do not have con- Mr. SCHUMER. achieve anything beyond where we are sumer protections in the bill. I am The PRESIDING OFFICER. The Sen- today. We did with CAFE in the past. I amazed some people make that asser- ator from Nevada may yield that time think we can do that with ethanol now. tion. They could not possibly have read to the majority leader or the manager This is a goal, just as the Senator sup- the bill. There are a number of con- but not directly to another Senator, ported CAFE as a goal. We failed on sumer protections beyond those I have absent unanimous consent. that. I hope in this case we can achieve already addressed. Mr. BINGAMAN. Mr. President, I ask it. The first consumer protection is that unanimous consent that 55 minutes The Senator understandably is con- DOE is required under this legislation from the time of the Senator from Ne- cerned about price hikes. As I said a to look at the ethanol market and the vada be yielded to the Senator from moment ago, if we are concerned about supply problems that exist. They have New York. price hikes, I think we ought to be con- the opportunity written in the legisla- The PRESIDING OFFICER. Without cerned about what happens when we tion—it is in writing; it is guaranteed— objection, it is so ordered. phase out MTBE in a vacuum, because that the ethanol mandate will be re- Mr. SCHUMER. Mr. President, I had that is where we are going to get price duced. asked my colleague from South Dakota hikes. We are going to get serious price The second guarantee is in subse- to yield for a question. Before I ask hikes when we start relying on these quent years any State can apply and him a question, I reiterate what I said imported products for which we are not have the mandate reduced within a 90- at the beginning of my speech, how certain of supply and we are certainly day period, which is the day we have much I respect him, his leadership, his not certain of price. agreed to. We had a vote last week, and integrity, and his fighting for all of us. As we phase in the RFS, we have an we acknowledged that the 240 days is It is such a difficult job to be majority opportunity to do three things: First, long. We are prepared to go to 90 days. leader, and no one in all the years I require that DOE look at the supply DOE and the EPA argue they would have been a legislator has done it bet- and say, OK, if we need more time we like to have more time, but we are ter than the Senator from South Da- are going to give it to you. We look at going to insist they do it within 90 days kota. So it pains me to stand up and the States and we say, all right, if you so States can see their mandate re- oppose him and ask him questions. want more time, you get an oppor- duced if they can demonstrate there is The only question I have is the fol- tunity to ask us for a waiver and we going to be some concern for disrup- lowing, and that is, let us—I do not will give it to you. And over all of that, tion. know what the truth is. I hear from my we say beyond any other waiver or be- Then we have what I said at the be- refiners that they could do this a lot yond a DOE review, we are going to say ginning, the credit trading provisions. more cheaply. I hear from my refiners you can trade credits right now. You do Any refinery that uses more ethanol that bringing ethanol over, whether it not have to worry about any other de- can trade the credits generated from be from overseas or from the heartland cision. You can trade credits right off the use of additional ethanol to those of America, will raise the price dra- the bat. refineries that do not use ethanol or matically. So I guess the only question So we have three protections built that come in at a lower level than what I ask my colleague is: If it is going to into the price hike. With this, we have the mandate requires. be cheaper with ethanol than any other no protections built in if we do noth- We have credit trading, the waiver, method, either the alkylates or the re- ing. and the overall review that is stipu- formulation of gasoline or anything Mrs. FEINSTEIN. Will the majority lated in the bill requiring EPA to re- else, why not let the market determine leader yield for a question? duce the mandate if disruptions can be it? Because what if we are wrong in Mr. DASCHLE. I am happy to yield, proved. this bill and the price does begin to go but I know other Senators are waiting We offered, I might also say, another through the roof, through a price patiently. I came out of turn, but I year prior to the implementation of spike, where my constituents would would be happy to answer one question. the legislation, in exchange for ban- not be happy to wait 90 days, 3 months, Mrs. FEINSTEIN. Since the majority ning MTBE on schedule, and at least to as the price goes up so much, or not leader attacked the points I made, I

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.066 pfrm04 PsN: S23PT1 S3128 CONGRESSIONAL RECORD — SENATE April 23, 2002 would like to have an opportunity to me give another study. This is an EPA What the bill does if you look on respond. staff white paper, study of unique gaso- page 189 of the bill, is increase the eth- Mr. DASCHLE. The Senator will line blends, effects on fuel supply and anol mandate. Right now, we are pro- have the opportunity, but I think it distribution and potential improve- ducing about 1.9 billion barrels per would be preferable to do it on her own ments: Replacing the RFG oxygenate year. It says in the year 2004 it goes to time, but I will answer one question. mandate with the renewable fuel man- 2.3 billion. It doesn’t sound like a lot, Mrs. FEINSTEIN. My question is, Is date will result in a shift of ethanol use but that is about a 20-percent increase. the Senator saying, then, that the from RFG to conventional gasoline, Then, over the period of time to the credits in this bill do not say if you do while ethanol distribution costs and year 2012 it goes to 5 billion. We go not use it you have to pay for it? blending costs should decrease. How- from 1.9 billion to 5 billion. That is a Mr. DASCHLE. The credits in this ever, this will be offset to some extent little less than a 200-percent increase bill allow you to get out from under by an increase in ethanol production in ethanol. So ethanol gets it both the mandate without any intervention costs. For the purpose of this study, we ways. They have the subsidy, so much from DOE or EPA or anybody else. You have assumed, based on previous anal- per gallon it doesn’t pay in excise taxes are not required, in this legislation, yses, as discussed in the cost memo- that all other motor fuels pay, and now with the RFS, to use one drop of eth- randum in the docket, that ethanol we are going to mandate in addition anol. production costs would be increased by that subsidy: Oh, yes, now refiners, you Mrs. FEINSTEIN. But then do you 15 cents per gallon relative to today’s have to make 5 billion gallons, which is pay for it if you do not use it under the ethanol prices. So it shows there that over two times what we are making credit trading provision? the cost of ethanol is apt to go up. right now. Mr. DASCHLE. Of course you pay for With respect to the study that he That has a cost to it. Some people it, but the credits are available. mentioned, the Energy Information say there is a cost of an additional 4 Mrs. FEINSTEIN. So you pay the Administration report, that report cents or 5 cents a gallon. I think it amount? used national averages. It does not ade- probably does because it is more expen- Mr. DASCHLE. Let us put this in the quately predict gas prices in California sive to make than gasoline, probably to proper context. You pay an amount, and other States. the tune of about 20 cents a gallon. But but what are you going to pay when The report he referred to did not it also has a cost to the highway trust there is no alternative to MTBE? How model how infrastructure problems and fund. I have heard people say when we much is that going to cost? If we phase market concentration can drive prices take up the budget we are going to out MTBE in California, and they are up. have to add billions of dollars to the then forced to go to alkylates or iso-oc- So, what California is saying is we highway trust fund. If we keep the eth- tane and you do not know what it is will not have the infrastructure in anol mandate as it is, in addition to going to cost, you do not know whether place, and that alone will create price the tax subsidy, but increase the a supply is going to be available and spikes. amount that must be produced from the people of California are forced to With respect to his comment on the current law into a Federal mandate of pay 30 or 40 cents more per gallon be- 90-day amendment, the majority leader a figure that I guess came from the cause that is the only available supply, knows I have been interested in this for sky—all of a sudden we are going to do I say the people of California would a long time. A 90-day waiver has never, 5 billion gallons—that means we are rise up in huge opposition. That is, of ever, by anyone, been offered to me. I going to have to more than double the course, the choice of each of us has to will be very happy at the appropriate capacity of the plants we have right make. time to call up my amendment, which now. What we are saying is we have a very is a 90-day waiver. I hope, then, that The highway trust fund, which is careful and balanced approach in phas- that 90-day waiver will be agreed to. presently losing in excess of $1 billion, ing out MTBE with ethanol in a way But at no time was a 90-day waiver is going to be losing in excess of $2.5 that gives every State an opportunity ever mentioned to me. billion, if my quick math is right. If to fashion and to tailor its response to I thank the Chair. you are talking about 53 cents a gallon, the circumstances they find themselves The PRESIDING OFFICER. The Sen- and if you are going to make 5 billion in, with credit trading, with the waiver ator from Oklahoma. gallons, that is over $2.5 billion that opportunity, and with the DOE review, Mr. NICKLES. Mr. President, I think the highway trust fund is not going to not to mention a delay of 1 year in the we are having a good debate. I think it get every year. implementation should Senators wish is informative to my colleagues. I I believe ethanol vehicles—and they to afford themselves of the opportunity thank and compliment my colleague may be just great and it may be a fan- we present. from New York, Mr. SCHUMER, and my tastic fuel, and I am not arguing that— So there are tremendous protections colleague from California, Senator do damage to the roads. The highway for each one of these States should the FEINSTEIN, for their leadership in trust fund is to repair the roads. Senators or should the States choose bringing out an amendment and expos- Whether the cars are running on diesel to use them. ing this for what it is. It will greatly or gasoline or ethanol, those roads I yield the floor. increase costs, a couple of costs. have to be maintained and repaired. We The PRESIDING OFFICER. The Sen- I haven’t heard too many people talk are creating a giant gap or loophole for ator from California. about what is very obvious. We have al- the highway trust fund that is going to Mrs. FEINSTEIN. Mr. President, I ready agreed to an amendment that ex- be ever expanding by this ever-increas- appreciate an opportunity to respond. tends the ethanol subsidy in the Tax ing mandate. The majority leader might want to lis- Code. That is just a fact. We have ex- My point is that I think we can have ten or he might not want to listen. tended it, I believe, for 10 years. Eth- it one way or the other. We can prob- What he said might be true if one need- anol now receives a subsidy of 53 cents ably afford one, or maybe the other, ed to use an oxygenate, but California per gallon. It doesn’t pay an excise tax but I question both. If we have a tax does not need to use an oxygenate be- that goes to the highway trust fund. subsidy—and I see my friend and col- cause it has a reformulated gasoline, That is already the case. That is league, the former chairman of the Fi- and it has to use just a limited oxygen- present law. We just extended that for nance Committee, for whom I have the ate. 10 years. greatest respect—the tax subsidy giv- This bill forces California to use this Presently, we are producing a little ing the 53 cents exclusion from the much that it does not need, and a care- less than 2 billion gallons of ethanol a highway gasoline tax is already in the ful reading of the credit trading provi- year. So that costs the trust fund a lit- law, and it has been extended. Fine. sion in this bill means you either use tle over $1 billion. The trust fund loses That is one big one. But to also say we this ethanol or you have to pay for it. that because we give ethanol the ad- should have a mandate to more than Let me respond to another point he vantage over all other fuels. That is double the production I think is a lot made on the issue of increased gas about $1 billion. OK, that is present to ask. That is a lot to ask of the high- prices. He said we use one study. Let law. way trust fund, which most of us want

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.068 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3129 to make sure we keep our highways Mr. NICKLES. I appreciate the ques- I am troubled by that. Consumers maintained. tion. I have seen something like it. I will pay. If ethanol were competitive, We are creating a big void. We are will allude to it. I hope we can fix it at it wouldn’t need a tax subsidy and it facing a lot of highway work that a later date. That deals with the re- wouldn’t need us mandating 5 billion needs to be done. But where is that newable portfolio standards that are gallons by the year 2012. It costs more money going to be coming from? For also in this bill. to produce. Consumers will pay it. This awhile some people said maybe we will To show you how similar they are, in bill is going to cost consumers. have general revenues pick it up. I that particular section of the bill, I know there are charts floating think there is some legitimacy in hav- there is a mandate that 10 percent of around here on the cost per gallon. I ing a highway user fund, having users the electricity be produced from renew- think 5 or 6 cents per gallon is a good pay for highway maintenance. That is able fuels. Incidentally, if you can’t do estimate. the whole purpose of having a gasoline that, you can buy a credit for 3 cents To answer my friend’s question, is tax or diesel tax; it is for highway per kilowatt hour. That is the price of there another example of that? Yes. It maintenance. To take one particular electricity in the wholesale market is in the renewable portfolio standard. fuel and say we are going to exclude it today. In some cases, it is a lot less It is a 3 cents per kilowatt hour credit from a very significant portion of the than that. You can get out of that which we mandate in this bill. Senator highway tax is one thing. Now we are mandate by giving the government 3 BREAUX and I and others will have going to have a mandate that, oh, yes, cents per kilowatt hour. Wow. That is amendments to reduce that from 3 you have to increase your production expensive. That is the equivalent of cents per kilowatt hour to 1.5 cents per by another 160 percent. I just question about a 5-percent increase in the elec- kilowatt hour, which is the same whether it is affordable, whether it is tricity bill. amount the Clinton administration affordable for the highway trust fund, I see this as very similar. This says: proposed. We will reduce the penalty— and whether it is needed. OK. Buy a lot more ethanol—up to 5 the tax—that is in the bill. I do not mind encouraging alter- billion gallons—more than double what This bill we have before us right now native sources of fuel. I certainly don’t we are buying right now. And, oh, yes. increases the price of gasoline because mind helping agriculture. I certainly We are going to subsidize that, too. We of the ethanol standard, and it in- don’t mind doing anything that will re- are going to mandate that you buy it creases the price of electricity because duce our dependency on foreign sources and subsidize it. But consumers are of the renewable portfolio standards. of fuel. But I look at this and I say: going to pay for it. They are going to I compliment my colleagues from Wait a minute, aren’t we going to far? pay for it by having a shortfall in the New York and California for trying to address the gasohol tax increase that Aren’t we doing too much? We are highway trust fund to the tune of over will hit all consumers, all gasoline pur- doing the tax exemption. Do we really $2.5 billion a year. chasers. Later on we will have an need a mandate that says you have to Obviously, if you are exempting 3 amendment to hopefully reduce the produce that much? I ask: Can we cents a gallon and mandating that you electricity penalty that is in the bill as make this 2.3 billion gallons in the manufacture 5 billion gallons, the trust well. year 2004? Can we really increase pro- fund is coming up $2.6 billion short per year. As consumers of fuel, users of the I yield the floor. duction in all these plants in 2 years? The PRESIDING OFFICER. The Sen- highways are coming up short. That At that point, we are at 2.3 billion. ator from Minnesota. Maybe we can. In another 8 years, can means other fuels or general revenue is Mr. DAYTON. I thank the Chair. I we double it? Heaven forbid that we let going to have to make up the dif- appreciate the desire of the Senators the marketplace decide which fuel we ference. It just doesn’t fit. from New York and California to pro- I happen to think there is a reason should be burning. tect their States and their constitu- why people say, well, we need the 53 Mr. SCHUMER. Mr. President, will ents. my colleague from Oklahoma yield for cents per gallon to make ethanol com- I think it is unfortunate that so a question? petitive with other fuels. In other much misinformation about ethanol Mr. NICKLES. I am happy to yield. words, it is more expensive. I think exists today. It has been distributed Mr. SCHUMER. I have been following that is obvious. and is being distributed even as we his very cogent arguments. I am glad I understand the proponents, and I speak. There is so much misunder- we are on the same side on a few issues. respect the proponents, but they are standing about what ethanol’s role is, Hopefully, there will be many more. saying we need the tax subsidy to and also ethanol’s potential in our en- He made two points. I would like to make it competitive. It is more expen- ergy future. ask him if I am wrong. There are dou- sive to produce ethanol than it is gaso- Today, the United States consumes ble contradictions here. One is that we line. So we give them the tax subsidy 25 percent of all the oil that is pro- are going to raise the price of gasoline, so they can afford to do it. We are now duced in the world. One out of every as we would with the gas tax. But we going to mandate that they more than four barrels of oil produced in the are actually going to deplete the trust double the production. If it is more ex- world is consumed in the United fund at the same time we lose the gas pensive to make, that means the price States. tax, whereas, at least the gas tax has of gasohol is going to go up. I think the Given the significance of the trans- the purpose of the user tax. estimates of 4 or 5 cents a gallon are portation sector in this country, one As my friend from Oklahoma accu- probably accurate. That may not sound out of every seven barrels of oil goes rately stated, at least that does im- like very much. It is probably about a into American gasoline. If those who prove the fund. We get hit both ways. 6-percent increase in gasoline costs. continue to oppose any kind of alter- There is a second sort of the anomaly Consumers are going to pay for that. native have their way, the policy of here. I haven’t seen anything like it. I was shocked. I didn’t know until I this country is going to be basically We have a large subsidy for a product— heard Senator FEINSTEIN mention that hang on and hope—hang on to the sta- I think he mentioned 53 cents a gallon; under current law there is an import tus quo, hang on to the present con- that is huge already for the motorist— fee on ethanol. I asked my staff. I sumption of oil and gasoline, hang on to help the farmers. I don’t know any- started looking for it. Where is it? It is to the present energy consumption pat- thing else that gets up to that extent. not in here. It is in current law. terns of this country and hope nothing At the same time, we are now forcing The ethanol industry has already changes. people to buy it with that subsidy. been successful in having protec- I find it disappointing that we focus Am I correct that those are two sepa- tionism, saying we can’t have ethanol on these alternatives as though they rate contradictions within this bill, imports. There is only domestic prod- are somehow going to impose some- two separate anomalies? uct. Guess what. We import a lot of thing more onerous and more expensive I ask my colleague from Oklahoma, gasoline. We import a lot of oil. We im- on the American people when, in fact, has he ever seen anything such as this port a lot of fuel. Right now we are if you look realistically at the future, in his years of making sure the free saying we are going to mandate this 10, 20 years from now, the most expen- market policies are pursued for our much more production but we are sive policy for the American consumer country? going to keep the protection. is for us to do nothing.

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.071 pfrm04 PsN: S23PT1 S3130 CONGRESSIONAL RECORD — SENATE April 23, 2002 The notion that we will be able to Yes, this is a subsidy. Yes, this is an crops which can then be converted into continue to consume one-fourth or incentive provided to make the conver- ethanol. I guarantee producers and re- more of the world’s oil production, the sion to this kind of fuel. Again, if we fineries will sprout in those States and notion that prices will remain the don’t provide some kind of incentive, elsewhere across this country to supply same as today’s prices, that there we will have no alternative form of en- this additional product. won’t be disruptions, and to put our- ergy which is going to be competitive So this is not a static situation. It is selves in a situation where we will be with what it is today. a dynamic one, and one which—with faced with either supply disruption or On the other hand, if we don’t follow this mandate, with this encourage- price increases of major proportions, I the direction in this legislation that we ment—has tremendous opportunity think is putting our head in the sand begin to make this transition to having over the course of the next decade and and hoping for something that goes be- a supply of ethanol that will actually thereafter to meet a significant part of yond what is realistic. not just displace MTBE—that is far too our energy needs, our consumption of Despite the efforts of the manager of limited a view of the future of ethanol. gasoline. this bill, basically the position of the Ethanol could not only supplant Finally, in terms of liability protec- Senate on this bill is to do nothing in MTBE, as this legislation encourages, tion, I happen to agree with those who terms of bringing about any real reduc- but also ethanol could supplant gaso- are concerned about that. I am willing tion in the consumption of oil and gas- line itself. to have that stripped from the bill. But oline or the development of real alter- As I said, right now in Minnesota, 10 this amendment, as it is proposed, does natives. We said no to the CAFE stand- percent of the gasoline has been sup- not just deal with some of these flaws; ards. We said no to basically any mean- planted by ethanol. it would eliminate the entire ethanol ingful change or development of any That could be 20 percent if we had provision entirely. So if there are par- alternative. Why? Because, as the op- the supplies available that could be ap- ticular concerns, let’s deal with those ponents say, any alternative, any plied across this country. And 85 per- particular concerns. But I think just to change in our practice, involves some cent of ethanol can be used in 2 million wipe this out entirely is shortsighted dislocation and some price increase on vehicles across the country. Imagine and, as I say, will result in American a temporary basis—not nearly what what it would do 10, 20 years from now consumers paying higher prices for gas- this proposes. They may involve some to the energy independence of this oline or gasoline products. need to refigure our supply. Anything country if we were using 20 percent, 40 Finally, I wish to make one last com- that changes the status quo, therefore, percent, 60 percent ethanol instead of ment on the highway trust fund. Again, changes some aspect of this system gasoline. I agree with the critics of this measure that we keep treating as though it is in As I say, these changes are not going who say our actions will result in less place and it is secure for years to come. to happen overnight. We are not going dollars going into the highway trust How long, realistically, do we think to be able to find ourselves in an en- fund. That is true. But anything that we are going to be able to continue to ergy crisis down the road and be able results in the lessening of the con- have all the oil that we wish to con- to make these kinds of changes imme- sumption of gasoline in this country sume, at the prices we are paying diately. If we do not start now, if we do results in fewer dollars going into the today, with no disruptions, and no not have a goal of 10 years from now highway trust fund. If you follow that price spikes? In fact, if we don’t start reaching a manageable amount of prod- logic, then, it means, in order to maxi- developing alternatives, such as eth- uct that will encourage others to get mize dollars going into the highway anol and other biofuels, we are going to into the market—for example, I hear trust fund—which is important to Min- guarantee that we are in the same pre- criticism that one company now con- nesota and every other State—we dicament 10 years from now or 20 years trols 41 percent of the market for eth- ought to lower the fuel efficiency of from now. I guarantee you that those anol in this country. our vehicles, we ought to drive them prices will not continue to be stable. Twenty-five years ago that same more miles, and we should do whatever In Minnesota, we have been prac- company controlled 99 percent of the we can to burn more gasoline because ticing an alternative for the last 5 ethanol in this country, and that num- that results in more dollars going into years mandated by the Minnesota Leg- ber has gone down every single year the highway trust fund. islature, which is a 10-percent blend of thereafter as more and more producers I suggest we are better off to recon- ethanol in every gallon of gasoline sold have gotten into the ethanol market. sider that policy, to reconsider whether in the State of Minnesota. That eth- The production concentration in that we want the highway trust fund to be anol is blended. Ten percent is used by industry is diminishing. It will con- dependent on the number of gallons of every vehicle that puts gasoline into tinue to diminish with or without this gasoline consumed, when we know its tank. It requires no change in en- mandate, but it will certainly accel- what the effects of that are on our gines produced by General Motors, erate the reduction in concentration as economy elsewhere. Ford, or any other company, foreign or more and more producers get into the So I say it is better to change the domestic. market. policy over time, better to change the In fact, the engines in vehicles that We hear about supply difficulties and supplement, the funding mechanism of use 10 percent ethanol requires no questions about supply which cannot the highway trust fund, rather than modification whatsoever. They have no be answered today for a market that sacrifice a sound alternative energy supply problems. will exist 10 years from now. But to policy on that altar. The cost of a gallon of gasoline in think we are transporting oil and oil Again, in conclusion, if we do not Minnesota today is 20 cents less than a products from the Middle East, from start this now, if we do not start en- gallon of gasoline in California. It is a South America—thousands of miles to couraging this transition, we are going penny more than in New York. It is 5 our ports—to States such as California, to be nowhere in 10 years, we are going cents a gallon less in Illinois, and it is which is now importing 75 percent of to be nowhere in 20 years, except where less in our surrounding States that their MTBE by barge from Saudi Ara- we are today with our energy depend- don’t have this mandate. That is just bia, and we are saying that the supplies ency. And I guarantee we will have no the beginning. cannot be transported from the middle solution to our energy predicament. My office leases a vehicle, a Chrysler section of this country to either coast Mr. President, I yield the floor. Suburban, that travels around Min- at a competitive transportation price The PRESIDING OFFICER. The Sen- nesota. It consumes 85 percent eth- boggles the mind and defies imagina- ator from North Dakota. anol—a fuel that is blended 85 percent tion. Mr. DORGAN. Mr. President, I only ethanol and 15 percent gasoline. That Furthermore, I guarantee you, with intend to take 4 or 5 minutes. I ask is priced 20 cents less than a gallon of this kind of mandate, the agricultural unanimous consent that the Senator unleaded fuel in Minnesota today— sector in California, which is enor- from Iowa be recognized following my meaning 40 cents less than a gallon in mous, and the agricultural sector in remarks. California, 10 cents less than a gallon New York, which is very substantial, The PRESIDING OFFICER. Is there of gasoline in New York, and so on. will move to producing the kinds of objection?

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.074 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3131 Mr. WELLSTONE. Mr. President, I ing up in the morning to find out that gasoline not being as high if it has eth- certainly will not object. I see col- some heinous act by a terrorist has in- anol in it as without ethanol, that is a leagues on the floor. I ask unanimous terrupted the energy supply from the lower rate of taxation. The subsidy, as consent that after Senator DORGAN and Saudis or the Kuwaitis, and all of a we use it in this body, refers to money Senator GRASSLEY—and I gather Sen- sudden America’s economy is flat on coming from the Federal Treasury to ator MURKOWSKI also is going to speak; its back? Is that a marketplace deci- benefit somebody. When a consumer is that correct—and the Senator from sion that makes good sense? No, it does pays less tax on a gallon of gasoline be- Alaska speaks, that I then be recog- not make good sense. So, in a number cause it has some ethanol in it, that is nized to speak after Senator MUR- of ways, we are trying to move in dif- less tax. Do the proponents of this bill KOWSKI, in that order. ferent directions. suggest we ought to raise the tax on The PRESIDING OFFICER. Is there This debate is about the replacement gasoline because there is ethanol in it? objection? of MTBE. All of us understand that in Some of these Members I hear abhor Mr. REID. Reserving the right to ob- various parts of the country it has been the idea that there ought to be any in- ject, what is the order? showing up in ground water. We under- crease in any tax, let alone an increase The PRESIDING OFFICER. The Sen- stand that this has to be dealt with. in the gasoline tax. ator from Minnesota has requested And that gives rise to this provision in Those are two things I wanted to that at the conclusion of Senator DOR- the energy bill. But this provision in clear up. Now, about this misinformation, I GAN’s comments and Senator GRASS- the energy bill, in my judgment, has know my colleagues who are sup- LEY’s comments and Senator MUR- much more significance than just that porting this amendment are very intel- KOWSKI’s comments, he would be recog- issue. nized. I think my colleague from Min- ligent people. I don’t think they are purposely misleading us. There has Mr. REID. I have no objection, but I nesota, Senator DAYTON, just described do say that we have, under postcloture, that. It is not just about a replacement been some propaganda spread by some industries in this country, and it has 30 hours. There is going to come a for MTBE; it is about additional pro- been picked up by some Members of time—certainly we are not approaching duction of energy in our country. It is Congress. They have lent their credi- it quickly—but somebody will have to about growing our fuel on a renewable bility and voice to this move either to table or to set a definite basis year after year. It is about an- antireformulated fuels standard in a time for voting on this amendment be- other market for family farmers who way that, quite frankly, does not do cause I do not think it is fair to spend produce crops that can be turned into anybody any good. This misinforma- the whole 30 hours on this one issue. alcohol, and then use the protein feed- tion campaign can help only two inter- The PRESIDING OFFICER. Is there stock later for animal feed. It just ests: It can help producers of MTBE, objection? makes good sense for our country to do The Chair hears none, and it is so or- which production contaminates our this. drinking water supplies—and it does dered. I know there are some who have this in the States of California and The Senator from North Dakota. some heartburn about this provision, Mr. DORGAN. Mr. President, I will New York; that has been very well doc- and I certainly respect their views. umented; secondly, Middle East pro- be very brief. I thank my colleagues. There are some who object to every- Let me say that some issues are less ducers of both oil and MTBE that seek thing that is done for the first time. I to tighten a very dangerous grip they complicated than they seem, and this, am not suggesting that is the case with I think, is one of those issues. The abil- have upon America’s energy security. the opponents here, but we are going to How does this misinformation cam- ity to take a kernel of corn or barley, march, inevitably, in this direction. paign help MTBE producers? That is for example, take the starch from it, The question for us is: Do we do it because the reformulated fuel standard break it down into its simple sugars, sooner, or do we do it later? includes an MTBE ban. The MTBE pro- ferment it into a drop of alcohol, and This is the time when we decide that ducers know that the entire reformu- use it to extend America’s energy sup- we want additional production from re- lated fuel standard will unravel if they ply makes great sense. Being able to newable sources. can chip away at it with some amend- take a drop of alcohol from a kernel of And yes, that is ethanol. It is good ments. corn or barley to extend America’s en- for our country, for the environment, A broad coalition of interests helped ergy supply, and still have the protein and for our family farmers. Frankly, it produce this balanced compromise we feedstock left to feed animals, also is even good for those who are object- have before us. This coalition may very makes great sense. We will produce ing to it today. well be unprecedented. The coalition ethanol in substantial quantities. The I hope we will reject this amendment, consists of farm groups, petroleum and question is not whether it will be done; as we should, and continue to keep this renewable fuel producers, environ- the question is when. provision in the bill. mental groups, and State environ- We produce a substantial amount of I thank my colleague from Iowa for mental agencies. I had an opportunity energy right now, but not nearly as allowing me to proceed. to address a group where the American much as we could from ethanol. We The PRESIDING OFFICER. The Sen- Petroleum Institute had one of their will, at some point, dramatically in- ator from Iowa. employees. I had to tell him, when I crease the ability to produce our own Mr. GRASSLEY. Mr. President, be- heard of their supporting this com- fuel. Producing renewable fuel that we fore I speak about the volume of misin- promise, it is a good thing I had a good can use for gasoline, the fuel we can formation we have on the renewable heart. Otherwise, I would have passed use in other ways to extend America’s fuel standard, there were a couple out as a result of it because they have energy supply, just makes sense. statements made in the debate by the never been with this group of people in The provision in this legislation Senator from Oklahoma that I want to the past. Here they see the need for re- makes good sense as well. It will sub- address. newable fuels as well. stantially increase the quantity of eth- No. 1, don’t assume ethanol is going They all agreed to a compromise pro- anol that is produced in our country, to increase the cost of gasoline. At posal embodied within the renewable and do it more quickly than we other- least in my State, you find in most fuel standard that in the past seemed wise could. cases ethanol in gasoline will sell for 2 impossible to accomplish. One of my colleagues, Senator NICK- cents a gallon cheaper than gasoline What do MTBE producers do? They LES, said: Let the market decide these without ethanol. If that is not the case, get their consultant, Hart/IRI, to cook things. Well, it is interesting that the it is the same price. Very rarely do you numbers to make it look as if requiring market apparently has decided that we find anytime that ethanol in gasoline ethanol usage will cause motor fuel should import 57 percent of our oil sup- causes the price of that gasoline to be prices to go up by almost 10 cents a ply, much of it from Saudi Arabia. Is higher than gasoline without ethanol. gallon. This is blatantly false. The that a market decision that makes a The other misinformation we ought truth is, according to the Energy Infor- lot of sense? Is that a market decision to clear up is the use of the word ‘‘sub- mation Administration, requiring eth- that puts us in peril of someday wak- sidy.’’ Because of the consumer tax on anol under the renewable fuel standard

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.076 pfrm04 PsN: S23PT1 S3132 CONGRESSIONAL RECORD — SENATE April 23, 2002 will increase motor fuel costs, if at all, ica’s farmers and ethanol by using drinking water or they want to keep by one-half a cent to a penny per gal- bogus information from an MTBE con- using MTBE so prices do not spike. The lon. sultant. It is unbelievable, isn’t it? bed was made with Hart/IRI; now lay in So we have had a couple Senators ad- Mr. President, what the MTBE con- it. dress this issue in a Dear Colleague let- sultant did was distort an analysis of Mr. President, surely we can put a ter. I will quote from the letter, banning MTBE included in an earlier little more care into debate so impor- ‘‘MTBE Consultant Misleads Members proposal, not the proposal pending be- tant as our energy security. Some of on Ethanol Debate.’’ Let me share with fore the Senate. The Energy Informa- our colleagues who are opposing the re- you the letter from Senators JOHNSON tion Administration did two analyses. newable fuel standard mentioned in and HAGEL. I quote: The outdated one concluded that an passing that there is cleaner fuel at Senators from New York and California MTBE ban under the old proposal less cost and that we do not need to use have distributed charts and spoken on the would increase consumer costs by 4 to oxygenates. Really. floor, claiming that the renewable fuels 10 cents a gallon. Requiring the use of In 1991, the California Energy Com- standard will increase consumer costs by 4– ethanol under the old analysis would mission compared the cost of ethanol- 9.75 cents per gallon. The source of this data cost at most a penny a gallon. blended motor fuel with motor fuel is the MTBE consulting firm, Hart/IRI, A second Energy Information Admin- that included no oxygenates, neither which claims it based its cost estimates on data from the Energy Information Adminis- istration analysis was conducted, but ethanol nor MTBE. In short, the Cali- tration. this time it focused on the pending leg- fornia Energy Commission found that Further quoting: islation. The Energy Information Ad- nonoxygenated fuels could cost more ministration concluded that banning per gallon than ethanol-blended motor [The Energy Information Administration] has completed two analyses. . . . The first, MTBE would increase the cost of motor fuels. found that the MTBE ban would increase fuel by about 2 to 4 cents per gallon, I note that the California Energy gasoline costs 4–10.5 cents per gallon, while and again it found that requiring eth- Commission analysis was done when the renewable fuels standard could increase anol would increase consumers’ cost by annual ethanol production capacity gasoline costs by 1 cent per gallon in refor- less than one penny a gallon. stood at less than 1.7 billion gallons, mulated gasoline areas, and .05 per gallon Again, who are we to believe, the and it was when skeptics said there overall. MTBE industry, which will lose if would not be enough ethanol to replace I want my colleagues to listen very MTBE is banned, or the Energy Infor- MTBE. Today ethanol production ca- carefully to the next sentence from mation Administration? pacity stands at 2.3 billion gallons per this letter: Let me critique this for my col- year. Hart/IRI lumped these costs together and leagues with a closer look. Those who I hope that settles some of the fears attributed . . . them to the renewable fuels are offering killer amendments to this the Senator from Oklahoma had about standard, making that provision appear to be renewable fuel standard point out in whether we have the capacity to do it. roughly ten times more expensive than it is. detail, State by State, the price in- We have unused capacity right now. We Continuing to quote: creases consumers will supposedly suf- also have new plants coming online, Since the fuels compromise bans MTBE, fer if the renewable fuel standard is and production capacity will increase Hart/IRI has every incentive to exaggerate adopted. to 2.7 billion gallons per year by the and misrepresent the cost impacts on the The bogus Hart/IRI analysis con- end of December and climb to between legislation. It is ironic and unfortunate that cluded, for instance, Arizona con- 3.5 billion and 4 billion gallons by the some members—whose states have already banned MTBE, because it has poisoned their sumers would pay 7.6 cents more per end of 2003. drinking water—chose to use this MTBE con- gallon; Maryland, 9.1 cents; Texas, 5.7 I suggest that given the large in- sulting firm’s analysis rather than relying cents; Pennsylvania, 9.1 cents; New crease in ethanol capacity, ethanol- upon the objective EIA numbers. York, 7.1 cents; California, 9.6 cents, blended motor fuel would be even We ought to repeat that sentence: and I can go through the 50 States. cheaper than estimated by the Cali- It is unfortunate and ironic that some When one looks slightly below the fornia Energy Commission. members—whose states have already banned surface and gives the Hart/IRI study Moreover, even the recent Energy In- MTBE, because it has poisoned their drink- even a moment’s attention, one will formation Administration study con- ing water—chose to use this MTBE con- see but half a cent or a penny of these cluding motor fuel could go up a penny sulting firm’s analysis rather than relying predicted price hikes are related to the if ethanol is required may be too high upon the objective EIA numbers. ban of MTBE and not the cost of re- because it does not take into consider- We proponents of this renewable fuels quiring ethanol. ation the efficiencies of the credit trad- standard are trying to help consumers Our renewable fuel standard oppo- ing program. in California and New York. We are nents want us to fear price hikes, but Our California and New York col- trying to reduce their dependence upon they do not want us to figure out that leagues argue that nonoxygenated MTBE, because it poisons the ground- the price hikes are driven by banning motor fuel is cheaper than ethanol- water, and oil, and both of those come MTBE. Instead, the aim is to mislead blended fuel, but that contention is from the Middle East. In fact, we are us into thinking ethanol causes the just the opposite of what the California trying to do so in a manner directly ad- price hikes, but by using this pro- Energy Commission reported. Our col- vocated in 1999 by the two California MTBE consulting firm study and by leagues choose not to take their infor- Senators and the senior Senator from subtracting the half cent or penny-cost mation from the California Energy New York when the Senate approved increase supposedly relating to eth- Commission and they choose not to Senator BOXER’s resolution calling for anol, we find that what our New York take their information from the U.S. the ban of MTBE and replacing the and California colleagues are really ar- Energy Information Administration. MTBE with renewable ethanol. That is guing is that if we ban MTBE, the cost They would rather take their informa- what the resolution said. of gasoline will go up by 8.6 cents per tion from an MTBE consultant. Why Yet today our efforts are opposed be- gallon in California and by 6.1 cents per would they do this? I wish I knew. cause our legislation would increase gallon in New York. I want to share another independent the use of ethanol made by farmers and What is the logical conclusion? Isn’t source of energy analysis produced by ethanol producers in America’s Middle that simple? If we are to believe the the Department of Energy’s Office of West as opposed to getting our energy studies used by our colleagues from Transportation Technologies. These from the Middle East. New York and California, the only con- two draft studies underscore the ex- Our opponents claim they are wor- clusion we can draw is they do not treme importance of expanding renew- ried about supply shortages and price want to ban MTBE because the price of able fuel use, particularly now that we spikes. Yet how can any Member of gas will go up. aim to ban MTBE because it poisons this body be more worried about eth- The opponents of the renewable fuel our water. anol from the Midwest than they are standard cannot have it both ways. In short, these analyses conclude about MTBE and oil from the Middle They have to make up their minds. Ei- that alternative and replacement fuels East? How can anyone oppose Amer- ther they want to ban MTBE to protect leverage lower prices for consumers

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.079 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3133 and reduce the impact of OPEC oil-pro- THE IMPACTS OF ALTERNATIVE AND REPLACE- linear and depend on current price and ducing nations. MENT FUEL USE ON OIL PRICES—DRAFT lagged quantity. A year-specific constant Mr. President, I ask unanimous con- (By David L. Greene) term is used to calibrate the equations to ex- sent that these two economic analyses This memorandum presents estimates of actly match the 2000 Annual Energy Outlook of the benefits of replacing gasoline the long-run oil market benefits of increased Reference Case projections. Since the equa- tions are linear, elasticity increases with in- with alternative fuels be printed in the use of alternative and replacement fuels by highway vehicles in the United States. No creasing oil price and decreases with increas- RECORD. ing oil demand. Representative elasticities There being no objection, the mate- attempt is made to estimate the costs of in- creasing use of alternative energy sources. are shown in table 1 for the U.S. and ROW at rial was ordered to be printed in the Potential benefits in the event of possible fu- various oil prices and 1998 quantities. RECORD, as follows: ture oil price shocks are not addressed. Nor OIL PRICE BENEFITS OF INCREASING REPLACE- are likely environmental benefits consid- TABLE 1.—LONG-RUN PRICE ELASTICITIES OF WORLD OIL MENT/ALTERNATIVE FUEL MARKET SHARE, ered. Current use of alternative and replace- MODEL DRAFT ANALYSIS, OFFICE OF TRANSPOR- ment fuels is estimated to reduce total U.S. TATION TECHNOLOGIES, U.S. DEPARTMENT OF U.S. de- ROW de- ROW sup- petroleum costs by about $1.3 billion per mand U.S. supply mand ply ENERGY year (about $0.29 per barrel). Cumulative sav- Increasing the market share of alternative ings from 1992 to 2000 are estimated to be $9 MMBD ...... 19.41 8.96 58.32 36.00 ¥ ¥ and replacement transportation fuels would billion. Increasing alternative and replace- Price Slopes ...... 0.329 0.138 0.966 0.376 have significant energy security and oil mar- ment fuel use to 10% of motor fuel use by ELASTICITY ESTIMATES ket benefits for the United States. Some of 2010 is estimated to increase oil market ben- Oil Price: ¥ ¥ these benefits will occur even if use of the efits to $6 billion per year ($0.68/bbl), for a $10 ...... 0.17 0.15 0.17 0.10 $20 ...... ¥0.34 0.31 ¥0.33 0.20 fuels is induced by regulations, subsidies, or 2000–2010 cumulative savings of $35 billion. $30 ...... ¥0.51 0.46 ¥0.50 0.31 demonstration programs. Additional energy These estimates were made using a very sim- $40 ...... ¥0.68 0.61 ¥0.66 0.41 security benefits would be generated if the ple model of world oil markets and are con- $50 ...... ¥0.85 0.77 ¥0.83 0.51 fuels are competitive with petroleum fuels in tingent on the assumption that historical at least some market segments. and projected OPEC production levels do not The historical data and the 2000 AEO pro- Competitive alternative and replacement change. jections reflect the current levels of alter- fuels produce energy security benefits in two OIL MARKET BENEFITS OF ALTERNATIVE AND native and replacement fuel use. The impact principal ways: REPLACEMENT FUELS on oil prices is therefore best answered by First, by reducing the quantity of petro- Displacing petroleum with alternative and answering the question, how much would leum consumed and imported, they reduce replacement transportation fuels helps hold prices rise if there were no alternative and the vulnerability of the economy to oil price down petroleum prices in two ways. First, replacement fuel use? This counterfactual shocks. reducing the demand for petroleum makes it analysis also requires an assumption about Second, by increasing the price-responsive- harder for OPEC to raise oil prices. Although OPEC behavior. It is assumed that there is ness of oil demand, they reduce the market the actual impact will depend on precisely no change in OPEC behavior. In other words, power of the OPEC cartel, making it more how OPEC responds, a reasonable rule of oil supply by OPEC is held constant at his- difficult for OPEC to raise prices and the thumb is that a 1% decrease in U.S. petro- torical and AEO 2000 projected levels. Given sustain those price increases. the relatively small amounts of alternative Today alternative and replacement fuels leum demand will reduce world oil price by and replacement fuel use, this assumption account for 3.6 percent of total U.S. gasoline about 0.5%, in the long-run. Short-run (1 seems quite reasonable. Of course, in reality demand. The majority of this is blending year or less) impacts would be even greater, OPEC could increase or decrease output. By stocks used in gasoline. Methyl tertiary due to the short-run inelasticity of oil sup- increasing output, OPEC would lower prices butyl ether, MTBE, which is predominately ply and demand. The Energy Information further, increasing the oil market benefits. If derived from natural gas, comprises 2.6 per- Administration offers the following as a rule OPEC cut production, say enough to restore cent of gasoline demand. Ethanol produced of thumb for short-run supply reductions. ‘‘For every one million barrel per day (1 oil price to the prior levels, there would still from renewable energy sources, which is pri- MMBD) of oil disputed, world oil prices could be oil market benefits, though they would be marily blended into gasoline, comprises 0.7 increase by $3–5 barrel.’’ http:// more difficult to quantify. First, at lower percent of gasoline demand. The use of www.eia.doe.gov/emeu/security/rule.html production levels OPEC would have a small- MTBE is driven by clean air requirements, Demand reductions would have the exact er market share and thus less market power while ethanol use is subsidized by a partial opposite effect, assuming OPEC took no ac- than before. This would make it more dif- exemption from motor fuel excise taxes. Al- tion to cut back production in response. One ficult for OPEC to create a price shock, to ternatives to petroleum-based fuels, such as MMBD would be about 5% of U.S. oil con- raise prices further, and to maintain dis- propane, compressed natural gas, alcohols, sumption, whereas $3–5 per barrel would be a cipline among its members. Second, the loss electricity and biodiesel comprise only 0.3 15–25% price increase, if oil cost $20 per bar- of wealth by the U.S. economy due to mo- percent of total U.S. gasoline use. Even these modest levels of alternative rel, suggesting a short-run elasticity about nopoly pricing would be reduced, because the U.S. would be consuming less imported oil. and replacement fuel uses are providing ten times as large as the long-run elasticity. Thus, if OPEC reacted to increased U.S. al- some energy security benefits. In a very pre- This leads us to the second oil price benefit ternative and replacement fuel use by fur- liminary, draft market simulation of world of alternative and replacement fuel use, the ther production cutbacks to restore the price oil markets, we have estimated the world oil potential for increased price elasticity in level, the nature and magnitude of oil mar- price impacts of U.S. alternative and re- case of a supply disruption. The existence of an alternative source of ket benefits might change, but there would placement fuel use. The following results liquid fuels supply can also increase the elas- still be significant benefits. were obtained. The present 3.6 percent market share of al- ticity of oil demand by providing a potential Two alternative ‘‘what if’’ scenarios were ternative/replacement fuels produces an ap- substitute for oil in the event of a price analyzed: (1) what if there had been no alter- proximately $1.00/barrel reduction in oil shock caused by a sudden reduction in sup- native or replacement fuel use after 1991? 2) prices from what they would be if alter- ply. It is precisely the inelasticity of oil de- what if, starting in 2001, alternative and re- native/replacement fuels were not used at mand and supply that makes price shocks placement fuel use increased to 10% of U.S. possible. Increasing the elasticity of demand all. At current U.S. oil consumption levels of motor fuel use by 2010? Actual U.S. alter- mitigates the impact of a supply shortage on 6.8 billion barrels, this level of alternative/ native and replacement fuel use is shown in prices. replacement fuel use results in a savings of table 2. Alternative fuel use increased from approximately $7 billion on an annual basis. ESTIMATING THE LONG-RUN OIL PRICE BENEFITS 230 million gallons of gasoline equivalent in If the U.S. were to achieve the 10 percent The long-run oil market benefit of alter- 1992 to 341 million gallons in 1999, with usage replacement fuel goal of the Energy Policy native and replacement fuels can be approxi- of 368 million gallons projected for 2000. Re- Act of 1992, oil prices could be reduced by ap- mately estimated by a simple simulation placement fuel use increased from 2,106 mil- proximately $3.00/barrel. At current U.S. oil model of the world oil market. The model is lion gallons in 1992 to 4,311 million gallons in consumption levels of 6.8 billion barrels, this comprised of two demand equations and two 1999 with usage of 4,388 projected for 2000. As level of alternative/replacement fuel use supply equations representing U.S. and Rest- a fraction of total motor fuel use, alter- would result in a savings of approximately of-World, and a assumed level of OPEC out- native and replacement fuels amounted to $20 billion on an annual basis. put. All supply and demand equations are 1.57% in 1992 and comprised 2.71% in 1999.

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.081 pfrm04 PsN: S23PT1 S3134 CONGRESSIONAL RECORD — SENATE April 23, 2002 TABLE 2.—ESTIMATED CONSUMPTION OF VEHICLE FUELS IN THE U.S., 1992–2000 [Millions of gasoline-equivalent gallons]

Fuel 1992 1993 1994 1995 1996 1997 1998 1999 2000

Alternative ...... 230 293 281 277 296 313 325 341 368 Oxygenates ...... 2,106 3,123 3,146 3,879 3,706 4,247 4,156 4,311 4,388 Total Motor Fuel ...... 134,231 135,913 140,719 144,775 148,180 151,598 156,839 159,171 163,149 Source: U.S. DOE/EIA, 2000, Alternatives to Traditional Transportation Fuels 1998, table 10, http//www.eia.doe.gov/cneaf/solar.renewables/alt–trans–fuel98/table10.html.

The first scenario assumes that there was Replacement/Alternative Fuel Market lion per year, and if we increased usage no alternative or replacement fuel use by Share.’’ The second draft is entitled to 10 percent by 2010, we would save $6 highway vehicles, and that petroleum use ‘‘The Impacts of Alternative and Re- billion a year. Whether it is $20 billion (before oil market equilibration) would in- a year or $6 billion a year, it is saving crease by exactly the amount of actual alter- placement Fuel Use on Oil Prices.’’ native and replacement fuel use. Assuming Allow me to read excerpts for my col- an awful lot of money for the con- OPEC production would not have changed, leagues. sumers of America. new world oil prices, supplies and demands The very first sentence of the first I appreciate the support of President were computed for the higher level of oil de- draft states: Bush, as well as the Republican and mand. The resulting price increases are mod- Increasing the market share of alternative Democrat leaderships in the Senate, in est, because the 0.14 to 0.29 million barrels and replacement transportation fuels would supporting and promoting renewable per day (mmbd) of U.S. alternative and re- have significant energy security and oil mar- fuels. In addition to bipartisan unity, placement fuel use is small relative to the ket benefits for the United States. however, Congress needs to exhibit 67.5 to 77.9 mmbd of world petroleum con- leadership that puts regional dif- sumption over the 1992–2000 period. In 1992, This Department of Energy analysis oil prices are estimated to be $0.08/barrel states further: ferences aside, for the sake of all higher, rising to an $0.16/bbl increment by First, by reducing the quantity of petro- Americans. 1999. Implied total oil cost savings from al- leum consumed and imported, they reduce I will never understand why some ternative and replacement fuel use rise from the vulnerability of the economy to oil price people are more worried about the $500 million in 1999 to $1.3 billion by 2000, shocks. farmers and ethanol producers of the with a cumulative total savings of 9.1 billion The economic analysis continues American Middle West than they are by 2000 (undiscounted 1998 dollars). with a second point. By increasing the about oil and MTBE produced from the The impacts of increasing alternative and Middle East. I will never understand replacement fuel use to 10% of motor fuel price responsiveness of oil demand, use by 2010 are estimated in a similar way. they reduce the market power of the why people use MTBE-industry-gen- The AEO 2000 forecast includes increasing OPEC cartel, making it more difficult erated misinformation about price levels of alternative and replacement fuel for OPEC to raise prices and to sustain spikes that, if taken to its logical con- use, but the projected levels are far lower these prices. clusion, would argue that MTBE should than 10% of total motor fuel use. Rather It is very obvious that should be our not be banned, that drinking water than create an alternative world and U.S. oil goal—that is our goal. Do we not want contamination is no big deal in Cali- market projection, it is assumed that the fornia or New York. It is very baffling AEO 2000 projection contains no alternative to reduce the market power of OPEC? Do we not want to make it more dif- to me. or replacement fuel use. U.S. petroleum de- I firmly believe the renewable fuel ficult for OPEC to raise prices? Is not mand is then lowered by an amounts which standard benefits all Americans, par- increase gradually to 10% of motor fuel de- the object of our energy legislation to ticularly including consumers in Cali- mand in 2010. Motor fuel demand is assumed reduce the quantity of petroleum con- to increase at the rate of 1.5% per year from fornia. But even if California and New sumed and imported and to reduce the York do not get special treatment 163.15 billion gallons in 2000 to 189.34 billion vulnerability of the economy to oil gallons in 2010. Thus, alternative and re- under this bill, would not my col- placement fuel use is assumed to increase price shocks, particularly those caused leagues rather do something to benefit from its estimated 2000 level of 4.39 billion by OPEC withdrawal of oil from the America’s Midwest instead of doing gallons (0.29 mmbd) to 18.93 billion gallons market? things that continue to benefit the (1.23 mmbd) in 2010. As a result of the con- If the Senate approves these killer world’s Middle East? sequent reduction in U.S. oil demand, world amendments that are offered by our The opponents of ethanol suggest it oil prices drop by approximately $0.68/bbl in New York and California colleagues, costs too much or that it should be 2010. The estimated cumulative savings from OPEC will win; America will lose. taxed at a higher level. That is their 2000 to 2010 is $35 billion. When the Department of Energy did Neither of these estimates takes into ac- complaint. They think a gallon of gas- count the potential benefits of increased al- this analysis, the market share for al- ohol should be taxed at around 18 cents ternative fuel use in mitigating the impacts ternative replacement fuels amounted a gallon instead of 13 cents a gallon. of possible future oil price shocks, or even to only 3.6 percent of our motor fuel They want to raise taxes on the con- reducing the probability of oil price shocks. supply. About 2.6 percent was MTBE, sumer who uses ethanol. For some rea- The size of the potential benefits would de- about .7 was ethanol, and the remain- son, however, they choose to ignore the pend not only on the size and frequency of ing .3 came from propane, compressed costs of the status quo: Our ever-in- future price shocks, but on how much the natural gas, electricity, and others. creasing vulnerability on imported oil. substitution of alternatives for petroleum in- That mere 3.6 percent, according to the creased the price elasticity of demand for They choose to ignore the real cost of oil. Methods for making such calculations Department of Energy analysis, lever- imported oil. have yet to be developed. As a result, the aged a reduction of the cost of oil by $1 Ten years ago, during debate on the numbers presented above should be consid- per barrel. Energy Policy Act of 1992, then-Energy ered lower bounds, in the sense that they es- The Department of Energy study Committee Chairman Senator John- timate only part of the full range of oil mar- concluded that by using a mere 3.6 per- ston of Louisiana reported that the ket benefits of greater use of alternative and cent, alternative fuels saved Americans United States was subsidizing imported replacement fuels. Likewise, no attempt is $7 billion a year. The study also point- oil to the tune of $200 per barrel. made here to estimate the costs of increas- ed out: Former Navy Secretary Lehman esti- ing use of substitutes for petroleum. If the United States were to achieve the 10 mated the defense cost of protecting Mr. GRASSLEY. Mr. President, these percent replacement fuel goal of the Energy Middle East supply lines at around $40 draft reports produced by the U.S. De- Policy Act of 1992, oil prices could be reduced billion a year, and we all know what partment of Energy’s Office of Trans- by approximately $3 per barrel . . . (with) the Persian Gulf war was about. It has portation Technologies will further ex- savings of approximately $20 billion on an been pointed out by numerous energy pose inaccuracies of these contentions annual basis. experts, including the ranking Repub- that renewable fuel standard will in- The second draft offered more con- lican of the Senate Energy Committee, crease the cost of motor fuel. servative estimates of consumer sav- that the Persian Gulf war was about As these reports conclude, the oppo- ings but nevertheless stated that cur- oil. site is the truth. The first draft is enti- rent alternative motor fuel use reduced So I hope my colleagues from Cali- tled ‘‘Oil Price Benefits of Increasing total U.S. petroleum costs by $1.3 bil- fornia and New York will ponder on

VerDate 11-MAY-2000 06:21 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.020 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3135 this truth: Not one of our sons or SCHUMER, to strike the ethanol man- reformulated gas, remove the oxygen daughters who have proudly donned date from the fuels title and to address content requirement for reformulated the military uniforms of the United comments that have been made in op- gas, and put in place a nationwide re- States has ever lost his or her life or position to the fuels title contained in newable fuels standard—or RFS—that limb. None of our children has ever the Senate energy bill currently before will phase-in gradually over a number shed their blood to protect ethanol sup- us. I want to share my perspective on of years. These provisions provide for a ply lines and the production of ethanol. the fuels title as a Midwestern Senator more orderly and cost-effective solu- What value might my colleagues who has had a cautious record on ex- tion to the MTBE issue than State-by- place on that, that there has been no tending Federal subsidies for ethanol State action. Because individual States loss of life in this country and that production. But I also come to the are banning or are considering banning there has been loss of life elsewhere floor as a Senator who represents a the use of MTBE, without the action in protecting our oil lines? I will be in State that is part of the only market this title, the existing Federal oxygen- shock if we cannot all agree that re- for reformulated gasoline—or RFG— ate requirement for RFG will increase ducing the risks to our sons and daugh- that sells entirely ethanol blends, the the cost of complying with these bans ters, the risk of them losing life and Chicago-Milwaukee market, and as a and lead to an inefficient pattern of limb trying to protect Middle East oil Senator who supports the Clean Air fuel-type by State. supply lines, is worth far more than Act. We need to make certain that In his floor statements, my colleague the few cents a gallon that was men- there are adequate supplies of ethanol from New York, Senator SCHUMER, read tioned, albeit incorrectly, as the in- so that when State bans on MTBE go at length the cost increases that eth- creased cost of using renewable fuels. into effect the short supplies of ethanol anol RFG use would have on several My New York and California col- for Chicago and Milwaukee aren’t States. My constituents are well aware leagues used the term ‘‘mandate’’ stretched even further. It is appro- of the 5-cent estimate of cost increase much during the debate. None of us priate that we ramp up that production due to the use of reformulated fuel con- likes mandates. I, for one, did not like over time, as the fuels title would do. taining ethanol cited by the Senator mandating sending our sons and daugh- Despite the speculation by opponents from New York and have already paid ters to defend Middle East oil supply of this title about policy reasons for for that increase and much more. And lines. using ethanol in reformulated gasoline, what has caused that price increase is, I heard one talk about market prin- we use solely ethanol blended RFG in quite simply, limited supply. ciples. What market principles are in- Wisconsin because of consumer pref- Before the start of the second phase volved when supply must be protected erence due to public health concerns. of the reformulated gas program in by military escort to the tune of what Unlike other jurisdictions that con- 2000, when the reformulated fuels were Secretary Lehman said, $40 billion a tinue today to use reformulated gas required to be cleaner, estimates of the year? containing the additive methyl ter- increased cost to produce the blend We also hear complaints about the tiary butyl ether, or MTBE, the citi- stock for ethanol-blended RFG ranged highway trust fund, that it does not zens of the six non-attainment counties from 2 to 4 cents per gallon, to as much collect enough revenue because gasohol in Southeastern Wisconsin switched as 5 to 8 cents per gallon. In summer is not taxed highly enough. One has to within the first month of the RFG pro- 2000, RFG prices in Chicago and Mil- wonder why my colleagues are not gram to ethanol blends. waukee were considerably higher than equally upset by the fact that billions This consumer demand was over- RFG prices in other areas, ranging of dollars from the highway trust fund whelming. The EPA Regional Office in from 11 to 26 cents higher, in part due are diverted away from highway con- Chicago and my office received thou- to the higher production cost of pro- struction and instead used for mass sands of calls from individuals in ducing ethanol RFG just for this mar- transit subsidies of California and New Southeastern Wisconsin during the ket. To decrease the potential for price York. Before we increase taxes on mo- first week of February 1995, when the spikes, on March 15, 2001, EPA changed torists, I suggest it makes more sense reformulated gasoline program was its enforcement guidelines to allow for to first put a stop to this transfer of first implemented nationwide. Phone the blending of cleaner burning refor- wealth from highway users to subsidize calls to my offices were coming in at mulated gasoline containing ethanol cities’ mass transit users. At the same rates of dozens per hour, and several during the summer months. Neverthe- time, I wonder if our colleagues have hundred constituents contacted me to less, we are continuing to see gas ever considered that mass transit sub- share their experiences. Most callers prices again increase in Wisconsin as sidies are justified for the same reason said that reformulated gasoline con- the time for having summer reformu- as charging lower taxes on gasohol. taining MTBE was making them ill. lated fuels at the pump grows closer. Are we not in both cases trying to re- The rest of the country now shares We in Wisconsin see States that are duce our dependence upon foreign oil Wisconsin’s concerns about MTBE’s ef- banning MTBE as reaching for our imports? Why are subsidies to encour- fect on health and the environment, small and limited supply of ethanol age mass transit ridership in New York and several States have acted to ban RFG. Congress must act to make cer- and California OK, but subsidies to en- MTBE. These State bans on MTBE are tain that our supplies increase. courage all Americans to use gasohol having and will continue to have seri- Despite all indications that the en- somehow not okay? ous consequences for fuel markets, es- ergy bill fuels title will produce suffi- Ten years have passed since we took pecially if the oxygenate requirements cient ethanol supplies to meet the up and enacted the Energy Policy Act remain in place which they will unless needs of a State’s banning MTBE and of 1992. Given the fact that our depend- this title passes. As ethanol is the sec- will not increase prices, the bill in- ence upon foreign imports has in- ond most used oxygenate, it is likely cludes additional safeguards. Prior to creased substantially, I think we can that it would be used to replace MTBE. 2004, the Department of Energy is to agree that the Energy Policy Act was a But, quite simply, as even the pro- conduct a study to determine whether dismal failure. Part of the reason we ponents of this amendment acknowl- the bill is likely to significantly harm failed was that we let regional bick- edge, there is not currently enough consumers in 2004. If the Department ering get in the way of pulling together U.S. ethanol production capacity to determines this to be the case, then the a comprehensive energy plan that is meet the potential demand to replace Environmental Protection Agency good for every American. the 3.8 billion gallons of MTBE used must reduce the volume of the renew- We do not dare fail again, as we did annually in reformulated fuel. The able fuels mandate for 2004. Also, upon in 1992, and that is why I urge my col- mandate in the energy bill seeks to petition of a State or by EPA’s own de- leagues to defeat these anti-renewable- create and guarantee a nationwide sup- termination, and in consultation with fuel-standard amendments that are be- ply of ethanol to meet this new de- DOE and USDA, EPA may waive the fore us. mand. renewable fuels standard, in whole or Mr. FEINGOLD. Mr. President, I rise The fuel provisions in the energy bill in part, if it determines the standard today to oppose the amendment offered require a uniform phase-down of the would severely harm the economy or by the Senator from New York, Mr. use of MTBE as an additive to produce environment of a State, a region, or

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.083 pfrm04 PsN: S23PT1 S3136 CONGRESSIONAL RECORD — SENATE April 23, 2002 the United States, or if there is an in- able fuel standard. This forces some $88 DEPARTMENT OF ENERGY, adequate domestic supply or distribu- billion in higher costs to consumers Washington, DC, April 12, 2002. tion capacity to meet the requirement. and forces consumers in California and Hon. FRANK H. MURKOWSKI, In addition to the ethanol mandate, New York to pay 3 cents per kilowatt Ranking Minority Member, Committee on En- ergy and Natural Resources, U.S. Senate, there are other provisions in the fuels for electricity they are not going to Washington, DC. title that would improve fungibility of use. DEAR SENATOR MURKOWSKI: Enclosed is an RFG nationwide, by standardizing Again, I ask why they voted for the analysis responding to your and Senator volatile organic compound—or VOC— renewable portfolio standards. No new Daschle’s April 10, 2002, request to analyze reduction requirements. In practice, energy supply was created, no national the provisions of Senate Bill 517 (The Energy when combined with the energy bill’s security benefit. So although we do not Policy Act of 2002) requiring a four-year renewable fuels mandate, this would phase down of the use of methyl tertiary like mandates, the renewable portfolio butyl ether (MTBE) and a ten-year ramp-up enable the part of Wisconsin that uses standards have increased our energy in the amount of renewable fuels included in Federal RFG to draw on supplies of supply. As the Senator from Iowa said, gasoline. Per your request, we have provided Federal RFG from other areas, such as it certainly enhances our national se- results of: 1) a 14-State ban on the use of St. Louis and Detroit, if necessary. The curity. MTBE based on those States that have al- ability to rely on other sources of RFG If we are not going to have the cour- ready banned the use of MTBE, 2) a North- east State ban on MTBE in 2004 along with is especially important when sudden age to develop our domestic oil and gas supply shortages arise due to unex- the 14-state ban which is the Reference Case reserves in an environmentally sound of this study, 3) the provisions of S. 517 re- pected events, such as refinery fires or manner, the only option we have to ex- quiring an MTBE ban with State waivers in- pipeline breakdowns, which we in Wis- tend our supply is to reduce depend- cluding the provisions of the above two consin have also experienced. The fuels ence on imported oil in provisions such cases, and 4) no MTBE ban, but including the language in the energy bill would help as ethanol. Again, mandates I find un- renewable fuel requirement. We implemented address this problem by bringing other acceptable, but they are a part of the the State waiver provision in S. 517 accord- areas that use Federal RFG in line price. We simply don’t have to pay for ing to your instructions of assuming the con- with Wisconsin’s blend by standard- tinual use of MTBE in gasoline at 13 percent our failure to develop domestic re- for the remaining States. This results in an izing VOC reduction requirements na- sources. effective MTBE reduction of 87 percent. We tionwide. Consequently, I remain in opposition did not implement the banking and trading With State bans on the books and a to the amendment of the Senators from provisions of the Bill because of the complex continuation of the Federal RFG oxy- New York and California. Different re- modeling required and your need for imme- gen requirement, we face a serious eth- gions of the country have different diate results. We have found from our other anol shortfall. Consumers want and de- analyses that banking results in meeting the points of view on energy, and alter- required targets at a later date than without serve affordable gasoline and clean air. native fuels are recognized in this We cannot let this bill go by and not do banking, and that trading lowers the cost of body, but most Members thought any the provision because it allows for the least everything we can to achieve this goal. deal between the oil industry and the cost entities to meet the requirements first. I urge my colleagues, even those who American farmers was doomed at one Thus, the results below should be treated as have concerns about ethanol, to think time. I think this proposal proves them an upper bound on the price impacts. seriously about how we meet our obli- The results indicate: wrong. I am basically opposed to gut- That reformulated gasoline (RFG) prices gations under the Clean Air Act with- ting the amendment before the Senate. out these provisions and to rethink ef- are projected to increase in 2006 by about 4 One of the things I am particularly cents per gallon because of a 14 State ban on forts to strip this language from the opposed to, after a discussion of gaso- MTBE, by an additional 2 cents per gallon if bill. line prices, was the issue of whose fig- the remaining Northwest States ban MTBE The PRESIDING OFFICER (Ms. ures are right. The Energy Information (for a total of 6 cents per gallon), and by an CANTWELL). The Senator from Nevada. Agency supports using those figures, additional 2 cents per gallon if S. 517 is Mr. REID. Madam President, I ask passed and the assumed States exercise the unanimous consent that the time until addressing some of the amendments waiver option (for a total of 8 cents per gal- 6 p.m. today be divided with respect to that are before the Senate. The point lon); Schumer amendment No. 3030 and that is, where did the report come from? We The comparable numbers for average asked for it. I asked the Energy Infor- prices of all gasoline in 2006 are an increase the time be divided as follows: Ten of: about 2 cents per gallon for the 14-State minutes each under the control of Sen- mation Agency to study different pro- visions of the bill because the Senate Ban, an additional 0.5 cents per gallon when ators SCHUMER and FEINSTEIN; 20 min- the remaining Northeast States ban MTBE committees were denied the chance to utes under the control of Senator (total of 2.5 to 3 cents per gallon), an addi- mark up the bill in committee, as we WELLSTONE; and 10 minutes under the tional 0.5 cents per gallon when the State have discussed previously. control of Senator MURKOWSKI; that at waiver provisions of S. 517 are assumed (3 to The Senate leadership and I have had 3.5 cents per gallon). 6 p.m. today, without further inter- Assuming a Renewable Fuel Standard vening action or debate, the Senate strong and opposing words about the energy bill consideration. As for eth- (FTS) without an MTBE ban has much less proceed to vote in relation to the impact on prices. An RFS increases RFG amendment, with no intervening anol, on the other hand, I think we prices by less than 1 cent per gallon and in- amendment in order prior to the vote. have collectively tried to do what is creases the average prices for all gasoline by The PRESIDING OFFICER. Without right for the country, as part of a com- less than 0.5 cent per gallon. This is the same objection, it is so ordered. prehensive bill. What has driven all finding that was in our original analysis. Mr. MURKOWSKI. Madam President, parties to this agreement is the price If you have further questions, please con- of gasoline. tact me. I thank my good friend from Iowa for Sincerely, We want fair prices for consumers. If reminding Members we are talking MARY J. HUTZLER, about considerable expense to the tax- States ban MTBE and don’t use eth- Acting Administrator, payer, providing a domestic source of anol, the price of gasoline is certainly Energy Information Administration. energy that would ordinarily come going do go up. That is not what the Mr. MURKOWSKI. I refer to the last from the technological advancements ethanol part of this bill does. paragraph on the first page of that let- of looking for oil either offshore or on Senator DASCHLE and I wrote a letter ter. land. We already had a debate on asking the EIA for clarification on The results indicate: ANWR; I will not go back into that. what their report said about the im- That reformulated gasoline (RFG) prices However, I call my colleagues’ atten- pact of ethanol in the MTBE provisions are projected to increase in 2006 by about 4 tion to a couple of realities. I am sym- of the bill. I ask unanimous consent cents per gallon because of a 14 State ban on pathetic to the concerns raised by the the letter dated April 12 from the De- MTBE, by an additional 2 cents per gallon if Senators from California and New partment of Energy be printed in the the remaining Northeast States bang MTBE (for a total of 6 cents per gallon), and by an York. I don’t like mandates of any RECORD. additional 2 cents per gallon if S. 517 is kind. I find it ironic that the same Sen- There being no objection, the letter passed and the assumed States exercise a ators who voted for a renewable port- was ordered to be printed in the waiver option (for total of 8 cents per gal- folio standard argue against a renew- RECORD, as follows: lon);

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.057 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3137 Assuming a Renewable Fuel Standard hope—over global climate change, we Middle Eastern oil; in addition, much (RFS) without an MTBE ban has much less are being constantly reminded of the better for the environment; and some impact on prices. long-term environmental costs of fossil compelling public health reasons. That is a reasonable explanation rel- fuel use. The final point is that this renewable ative to the alleged costs associated We have, A, energy independence; fuel standard will cause price spikes. I with ethanol that is really associated and, B, a compelling environmental don’t get this. The EIA, which is the with the MTBE provisions. case. Also, because ethanol is oxygen- independent research arm of the De- Further, it is fair to say the farmers rich when added to gasoline, it burns partment of Energy, released a report previously supported our opening of cleaner, reducing the amount of harm- last week on what would be the price ANWR as part of the comprehensive ful tailpipe emissions in the air. Fewer impact of this RFS standard which is bill. I thank them for that support, be- toxins, carcinogens enter your lungs. before us in the Senate. Their analysis cause the bottom line is reducing our So better health is a third compelling says that requiring renewables would dependence. public interest argument for ethanol. add about one-half cent per gallon to I make one point, however, since I Finally, ethanol means rural develop- the price of gasoline—a half a cent. have had a long history and some asso- ment, bringing employment to a lot of This is not renewable fuels organiza- ciation with charts. As we recall in the the parts of our country where people tions. I am talking about the EIA, U.S. ANWR debate, we had quite a discus- are hurting the most. A recent study Energy Information Administration, sion about footprints. Let me show one by Northwestern University concluded the independent research arm of the chart, the footprint associated with that nationwide, ethanol production Department of Energy. That is what we ethanol. The point is, there is no free boosts employment by 195,000 jobs, it get. ride on footprints. This happens to be a improves America’s balance of trade by Finally, I have heard arguments that chart which shows the comparison. If $2 billion, and it adds $450 million to farmers do not benefit from this renew- you had 2,000 acres of grain corn in an State tax receipts. able fuel standard. That is simply ethanol farm, you would produce the There are a lot of compelling argu- wrong. If we use corn, soybeans, and energy equivalent to 25 barrels a day. If ments that can be made. In Minnesota, other commodities grown on farms as you had 2,000 acres of ANWR produc- it creates jobs for Minnesotans. In fact, the feedstock for renewable fuels such tion, you would be producing a million Minnesota has the Nation’s most sig- as ethanol and biodiesel, then farmers barrels of oil a day. nificant cooperative—I am really proud benefit, rural America benefits. The As we look at the expansion of eth- of that—ethanol industry owned by farmers who benefit in Minnesota are anol and its contribution to our na- more than 7,000 Minnesota farm fami- not monopolies. I am not talking about tional security in relieving us of the lies. ADM. I am talking about farmer co- dependence on imported sources, it I want to go back to the argument ops. would take 80 million acres of farm- about energy independence, and I will Companies owned by farmers are cre- land, or all of New Mexico and Con- make it in a different context. The ating most of the new production in necticut, to produce as much energy as whole war on terrorism has renewed in- ethanol. I think Senator DAYTON made 2,000 acres of ANWR. terest, as it should, in reducing the en- this point earlier. Today, 61 ethanol fa- So, there is a comparison, whether ergy imports and diversifying our en- cilities produce more than 2.3 billion we talk of popcorn or oil. Obviously, ergy sector. Oil imports today account gallons of ethanol, and 26 percent of there is a footprint. for 56 percent of our oil consumption. these facilities are farmer owned. Addi- With that profound observation, I The EIA estimates that our import de- tionally, there are 14 ethanol facilities yield the floor. pendency could grow to 70 percent by under construction, of which 11 are The PRESIDING OFFICER. The Sen- 2020—70 percent of our oil production farmer owned. ator from Minnesota. imports by 2020. We spend more than So the only thing I can tell you is Mr. WELLSTONE. I thank the Sen- $300 million a day for imported oil, that this requirement of 5 billion gal- ator from Alaska. with an annual cost of more than $100 lons ethanol biodiesel, as you look to Let me start not with a disclaimer billion imported oil. the future—I will say it right now. I do but just to be clear. My State of Min- Alarmingly, Iraq represents the fast- not want to offend anybody. I wish nesota is a leader in ethanol produc- est growing source of United States oil ADM did not have the control. Thank tion. We have 14 ethanol plants, of imports, exporting 700,000 barrels per goodness it is actually less and less a which 12 are owned and operated by day to the United States. We send Sad- percentage of locally owned market farmer co-ops. Last year, the total pro- dam Hussein more than $12 million per control, but they still have way too duction from Minnesota ethanol was day—$4.3 billion annually—for his oil. much. I am not in favor of oligopoly or 200 million gallons, which was 95 per- I do not know that I need to make monopoly. But there are a lot of farmer cent of our State’s ethanol needs. any more of this case. I just don’t see co-ops that are formed. This is very After having said that, because this the point of subsidizing terrorism good for farm country, very good for is so important to Minnesota, so im- through the importation of oil from family farmers, very good for economic portant to farm country, so important rogue nations. American agriculture, development in our rural communities. to what we call greater Minnesota, I rural America, has part of the answer Frankly, it is win-win-win. It is a win make some other arguments that go for energy independence. As to environ- for energy independence, it is a win for beyond Minnesota. mental benefits, I will make the point public health, it is a win for the envi- Expanded ethanol production prom- again. Ethanol continues to be an im- ronment, it is a win for family farmers, ises to relieve us from some of our de- portant tool for improving air quality and it is a win for Minnesota, the last pendence on foreign energy supplies. in our Nation’s cities. Ethanol reduces point being the most important. With the current cost of home heating all the criteria of pollutants—carbon I yield the floor. oil and gasoline going up, every Amer- monoxide, hydrocarbons, NOx, toxics, The PRESIDING OFFICER. Who ican knows the value of achieving more and particulates—all of them. The ben- yields time? energy independence. Ethanol is impor- efits are going to continue. Studies The Senator from California. tant to achieving energy independence. show that ethanol reduces emissions of Mrs. FEINSTEIN. Madam President, Some of my colleagues say: Of course carbon monoxide and hydrocarbons by I would like to sum up on behalf of the you are for ethanol, Paul, given you 20 percent and particulates in the air sponsors of this amendment. The represent Minnesota. But I can make a by 40 percent. amendment deletes this particular re- lot of good public interest arguments So there is a compelling case to newable fuel mandate from the bill. for ethanol. make for Minnesota, a compelling case This is a tripling of ethanol. It may Second, expanded ethanol production to make for our co-ops and family be fine in the Midwest where all the fa- provides a clean fuel which can be rel- farmers. Value-added agriculture? You cilities that produce ethanol are lo- atively pollution-free; that is certainly had better believe it. But a compelling cated, but for those of us on the west not the case with oil. As United States case to make for the country: More en- coast and those of us on the east coast, negotiators hammer out agreements—I ergy independence, less dependence on it is truly egregious.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.086 pfrm04 PsN: S23PT1 S3138 CONGRESSIONAL RECORD — SENATE April 23, 2002 One of the reasons it is egregious is I can’t believe people think this is that is an essential part of a sound na- that we don’t have the infrastructure good public policy. I can’t believe peo- tional energy policy. The bill provides to really accept it. Another reason is ple think the lack of flexibility in this for an orderly phase-down of MTBE that, for many of us, our gasoline is al- policy is good for all States. Every use, removal of the oxygen content re- ready reformulated and already meets State is in a different position with re- quirement for reformulated gasoline— clean air standards and therefore we spect to ethanol. Some can absorb it. RFG—and the establishment of a na- are forced to use a specific product, Some can’t. Some need it. Some don’t. tionwide renewable fuels standard— ethanol, way in excess of what is nec- It seems to me that the key is the RFS—that will be phased in over the essary. clean air standards in the Clean Air next decade. The standard has strong Sure, we want to be relieved from the Act. If you can meet those clean air bipartisan support and is the result of MTBE oxygenate requirement. But to standards in other ways, good policy long and comprehensive negotiations replace it with a renewable fuels re- would allow a State to have that ca- between farm groups, the American Pe- quirement that mandates a tripling of pacity. troleum Institute, and coastal and Mid- this additive on States that do not This, in essence, is a selfish public western States. It is the first time that need it imposes some very substantial policy. It is selfish just for a specific a substantive agreement has been detriments. area of the United States that produces reached on an issue that will reduce I would like to read from the letter it, that has the plants there, that has our dependency on foreign oil and from the Governor of California. I the producers there, and, therefore, has greatly improve the Nation’s energy know there are a lot of people who are adequate supply and adequate infra- security. experts on California in this body, but structure. That is why we will move to I have spoken in the past about the I think the Governor’s position also delete this from the bill. Obviously, we benefits of renewable fuels. These bears scrutiny. He points out that: don’t expect to win it, but we expect to home-grown fuels will improve our en- While the [California Energy Commis- make the case. And I believe we have. ergy security and provide a direct ben- sion’s] Fall 2001 survey indicated that there After this amendment is considered, efit for the agricultural economy of may be adequate ethanol production capac- it will be my intent—if I need to wait, South Dakota and other rural States. ity in the Midwest to meet California de- I will wait—to call up the 90-day waiv- The new standard is largely based on mand, both the [California Energy Commis- er amendment, which Senator DASCHLE legislation that I introduced with Sen- sion] and its independent experts concluded has offered, and also the amendment ator CHUCK HAGEL. The leadership of that the infrastructure necessary to deliver ethanol and distribute it within California is which would produce a 1-year delay in Senators DASCHLE and BINGAMAN re- not in place. Specifically, they pointed out the mandate which Senator DASCHLE sulted in the consensus legislation on the following problems: has said he is agreeable to, and see this issue. Lack of unit-train off-loading facilities for what happens with these two amend- The consensus package would ensure ethanol in California; lack of storage tanks ments. future growth for ethanol and biodiesel at distribution terminals; inadequate rail By and large, as somebody who has through the creation of a new, renew- and marine capacity for handling ethanol; been in public life for 30 years now, as able fuels content standard in all inadequate facilities to transport ethanol a lifelong Californian, to be part of a motor fuel produced and used in the from marine terminals to inland distribution points. body that places my State in this kind United States. Today, ethanol and bio- Furthermore, the two-year delay in the de- of jeopardy in terms of loss of revenues diesel comprise less than 1 percent of cision by the federal government on Califor- from the highway trust fund, which is all transportation fuel in the United nia’s request for a waiver of the oxygenate probably the most vital Federal appro- States, 1.8 billion gallons is currently requirement has delayed completion of the priations we have, from a State that produced in the United States. The infrastructure changes necessary to make a produces much more in taxes than we consensus package would require that 5 successful transition to ethanol within our get back in services from the Federal billions gallons of transportation fuel current timeframe. Government, and to create a loss in the be comprised of renewable fuel by It also goes on to point out that: highway trust fund, and in all prob- 2012—nearly a tripling of the current California’s Air Resources Board reformu- ability a gas tax hike—the Senator ethanol production. lated fuel standards—so critical to Califor- from Iowa particularly criticized us I don’t need to convince anyone in nia’s air quality—make it nearly impossible using a study to show the gas tax. South Dakota and other rural States of to replace gasoline with supplies from other The reason we don’t agree with the the benefits of ethanol to the environ- states. In 2004 and 2005, a more stringent fed- eral reformulated fuel standard begins to Energy Information Office study is be- ment and the economies of rural com- phase in, which will make it easier to import cause the Energy Information Office munities. We have many plants in cleaner burning gasoline from other states study does not account for problems South Dakota and more are being and maintain California’s strict air quality with infrastructure or market con- planned. These farmer-owned ethanol standards. centration as criteria in evaluating plants in South Dakota, and in neigh- The point is, we can do a lot of this any impact that this would have on in- boring States, demonstrate the hard without tripling of ethanol. creased fuel prices. work and commitment being expended The letter goes on to point out Cali- I see the Senator from New York on to serve a growing market for clean do- fornia has: the floor. I know he wishes to sum up mestic fuels. Limited refining capacity—California re- as well. The new standard does not require fineries have been running at operating rates Mr. SCHUMER. Madam President, I that a single gallon of renewable fuel approaching 95 percent of their nameplate have 10 minutes. But we will finish must be used in any particular State or capacity which, in effect, means California’s refineries are operating at maximum levels ahead of time. Because not everyone region. Moreover, the language in- now. Without new capacity, California can- used their time, I ask unanimous con- cludes credit trading provisions that not replace the volume lost by replacing sent that the order be modified so that give refiners flexibility to meet the MTBE with ethanol. In 2005, the Longhorn in addition to my 10 minutes, the Sen- standard’s requirements. In no way is pipeline and other pipeline projects will be ator from South Dakota could have 5 this intended to penalize California, completed, freeing up California fuel that is minutes to speak. New York, or any other region in the now being shipped to Arizona. The PRESIDING OFFICER. Without country. The point of this is that ethanol ab- objection, it is so ordered. Much has been made on the Senate sorbs more gasoline. It needs more gas- Mr. JOHNSON. Madam President, I floor and in the press recently about oline. MTBE needs less gasoline. thank my colleague from New York for the possibility of additional costs that California’s refining plants are at ca- his gracious willingness to allow me to could be incurred when the new stand- pacity. Therefore, it cannot refine make a few remarks about this pending ard is enacted into law. I understand enough gasoline to take the amount of amendment. the concerns raised by the Senators ethanol that we are required to take I rise in opposition to the amend- from California and New York. This is under this bill. That is the rub. It is a ment on the renewable fuels standard. a major change in the makeup of our kind of strict mandated formula all The Senate energy bill contains a transportation fuel. However, the goal across the Nation. landmark renewable fuels standard of the agreement that has been reached

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.089 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3139 on this title is to phase in the renew- tempts to reduce or eliminate the this. When Iowa and Nebraska legisla- able fuels standard in a manner that is standard should be opposed so that we tors were given a chance to mandate fair to every region of the country. can move forward and improve our Na- MTBE in their States, they rejected it. The ban on MTBE and the elimi- tion’s energy security. They rejected it because they knew nation the oxygenate standard are two The inclusion of the renewable fuels their drivers would pay more. Even in changes that Californians, New York- standard will result in cleaner air, States with so many corn farmers, the ers, and others have sought for years. more jobs across America, a better legislators said no. The editorial opin- The goal of this agreement is not to trade balance for the United States, ion throughout the States was against raise gas prices, but to diversify our less reliance on the politics of very it. energy infrastructure and increase the troubled parts of the country, fewer That is another thing that makes me number of fuel options. This helps to gallons of oil imported from Saddam incredulous about this amendment, increase our energy security, increase Hussein, and it will result in better that it is not done in the Middle West competition and reduce consumer costs prices for our farmers and overall be a by its own States. Yet they are impos- of gasoline. major plus as our Nation moves in the ing it on everybody else. Moreover, little has been made about direction of renewable fuels. In New York, I think we are the larg- the source of information that has been The PRESIDING OFFICER. Who est producer of cabbage in the country. cited to alarm Members or about its yields time? Maybe we should mandate that the rest potential impacts about the con- Mr. SCHUMER. Madam President, I of the country buy our cabbage. Cali- sequences of failing to enact these pro- believe I have 10 minutes. fornia is probably the biggest producer visions. Senators from New York and The PRESIDING OFFICER. The Sen- of almonds in the country. Maybe we California have distributed charts and ator is correct. should say that you have to buy al- spoken on the floor, claiming that the Mr. SCHUMER. Madam President, I monds in the other 49 States. By the renewable fuels standard will increase will get into the substance of this way, if you do not want almonds, you consumer costs by 4 to 10 cents per gal- amendment once again, but before I do, like cashews, you are still going to lon. The source of this data is the I alert my colleagues to one particular have to buy an almond credit; so you MTBE consulting firm, Hart/IRI, which provision that is in the bill that is par- will have to pay for it. Or maybe you claims it based its cost estimates on ticularly odious, and that is a pretty like peaches, where South Carolina and data from the Energy Information Ad- strong accomplishment given how Georgia and Pennsylvania lead. Maybe ministration. many pretty odious provisions there we should require the whole country to EIA has completed two analyses of are in this bill. But this is the ethanol buy peaches. the fuels provisions of S. 517. The first, gas tax safe harbor provision. The This is utterly amazing, I say to my completed in February on the original chart I have shows what it says. It is colleagues. One region of the country provisions of the bill, found that the adding insult to injury to make a deal requires everybody else to buy ethanol. MTBE ban could increase gasoline with the petroleum industry, which has Both my colleagues and friends from costs by 4 to 10 cents per gallon, while always opposed ethanol. They have South Dakota and Minnesota argue the renewable fuels standard could in- given them a safe harbor so you cannot this will not cost that much. If it will crease gasoline costs by 1 cent per gal- sue if an additive causes pollution of not cost that much, how come you lon in reformulated gasoline—RFG— the ground water. So here we are. have to mandate it? If this is so good, areas and a half cent per gallon overall. And I beg to disagree with my col- why do you require us to do it? If the Hart/IRI lumped these costs together league from South Dakota, and others. market is going to work, and these and attributed them solely to the use This bill abolishes MTBE. The Schu- other additives are more expensive, let of renewable fuels, making that provi- mer amendment does not change that. it. sion appear to be roughly 10 times So anyone who likes MTBE is not Well, we think something is rotten in more expensive than it is. going to be for either the bill or my Denmark. The second EIA analysis on the new amendment. I do not think the people here who compromise agreement found that, be- The reason so many States have are for this mandate believe it is going cause 14 States already have banned abolished MTBE—and this bill does—is to be so inexpensive or they would not MTBE, the incremental costs of the that it pollutes, and all of a sudden we have done a mandate. Let me tell you, MTBE ban in S. 517 would be only 2 to are giving the petroleum industry a ethanol is going to be a more valued 4 cents per gallon, while the cost of the total safe harbor exemption from being commodity the minute we ban MTBEs renewable fuels provision would be less sued, even if they knowingly pollute. nationwide because it is the only other than a penny per gallon in RFG areas Can you imagine that? additive that is produced domestically. and less than a half cent per gallon Senator BOXER has an amendment to We believe that in New York we can overall. The analysis did not consider get rid of that, but we do not even reformulate our gasoline without an the positive economic effects of the know if she will be able to offer it. oxygenate. We are not given the chance banking and trading provisions of the Therefore, if you do not like this safe to do that, even though it would be bill, which the American Petroleum In- harbor, the one sure way of making cleaner, it would be environmentally stitute has said will reduce the costs to sure that this safe harbor is eliminated preferred, and it would be cheaper. less than one-third of a cent per gallon. is to vote for the Schumer amendment, There would still be plenty of other The difference between the Hart/IRI which not only gets rid of the ethanol places that it would be in their market analysis and the EIA analysis is not mandate but also this particularly odi- interest to buy ethanol. surprising. Hart/IRI is an MTBE con- ous safe harbor. Also, my colleague from Oklahoma, sultant whose business depends on the I am utterly amazed that so many on Senator NICKLES, talked about the continued existence of the MTBE in- my side, who believe in the right to highway trust fund. That is decreased. dustry. Since the fuels compromise sue, are going to vote to keep this par- It is very hard, my colleagues, to think bans MTBE, Hart/IRI has every incen- ticular safe harbor, all to subsidize eth- of an amendment that has bad provi- tive to exaggerate and misrepresent anol. sion after bad provision after bad pro- the cost impacts of the legislation. It is I guess, in a certain sense, this is a vision. unfortunate and ironic that some Mem- regional fight. I guess another thing I call this bers have misinterpreted the data from I have looked at who has spoken out amendment is the ‘‘piling on provi- this analysis. for the ethanol mandate and not a sin- sion.’’ Not only do you mandate eth- The renewable fuels standard in S. gle person comes outside of this Middle anol, not only do you provide a safe 517 addresses the difficulties that West region. So if you think the deci- harbor for polluters, not only do you States have encountered in meeting sion is totally on the merits, just look deplete the highway trust fund, but, to Federal gasoline requirements, while at this chart: 98 percent of the ethanol boot, you raise our gas prices 4, 5, 6, 7, promoting the use of home-grown fuels comes from this particular region. No 8 cents a gallon. that will reduce our Nation’s depend- wonder the people from the Middle My colleagues say this study is an ency on foreign oil. Any further at- West want it. Although, I will tell you MTBE-based study. We are abolishing

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.013 pfrm04 PsN: S23PT1 S3140 CONGRESSIONAL RECORD — SENATE April 23, 2002 MTBE. Anybody who wants MTBE is quietly. This one is passing pretty saying to the other: We are prepared to not going to be for this amendment. quietly. The number of us getting up to stop bidding should the price drop My colleagues from Minnesota and oppose it is small, and it wouldn’t have below $1.38 a gallon. South Dakota have brought up a straw even been debated had I not offered the Interestingly enough, this all con- horse. Yes, if it were MTBE or ethanol, amendment. In 1982, I think it was, cerns ethanol going into your State, I would guess ethanol would win. But Garn-St Germain seemed sort of innoc- Washington, Madam President, a few there are other alternatives, and those uous. There were about 25 Members of years ago. other alternatives, in a classic way the House who said: You had better Whether this shows price manipula- that a free market economy should not watch out. This is allowing banks to tion or not, I don’t know. But because work but a planned, socialistic, fas- use free money. It passed. Five years these documents have just been made cistic economy would work are being later, everyone was trying to explain public this afternoon in the House, I mandated. We do not do that for vir- why the heck they voted for it. ask unanimous consent to print them tually anything else. In the early 1990s, catastrophic ill- in the RECORD. Do we set clean air standards? Yes. ness: There was a mandate to help the There being no objection, the mate- My good friend from South Dakota said few who needed help, but it was im- rial was ordered to be printed in the there is a mandate on CAFE standards. posed on everybody else—not too dis- RECORD, as follows: That is correct. But we do not say the similar to this, except the people who WESTERN ETHANOL COMPANY LLC, only way you can meet the CAFE were helped with catastrophic illness September 29, 2000. standards is that you have to use alu- were a lot more worthy than the people To: HERBERT WOLF minum or you have to use plastic. We being helped here—mainly agri- From: DOUG VIND set a standard and then let the market business. It passed. It seemed all right. Re: Sales Opportunity—Requires Immediate Attention/Response meet that standard. It was not debated. Then we all rued That is all we are asking: Set a clean the day. Further to our telephone conversation of today, I am writing to inform you of the de- air standard. Require us all to meet it. Madam President, I ask unanimous Get rid of polluting materials such as tails of a sales opportunity for LAICA’s an- consent, since I don’t think there is hydrous alcohol. In order to participate in MTBE, but do not say the only road to anyone else who wishes to speak, for 2 salvation is ethanol, although I know this opportunity, I must hear back from you additional minutes to conclude. by no later than close of business on Tuesday many of my colleagues truly believe The PRESIDING OFFICER. Without October 2. that. objection, it is so ordered. British Petroleum (‘‘BP’’) has scheduled an We always get on the floor and de- Mrs. FEINSTEIN. Will the Senator on-line reverse auction to be conducted via bate about working families. To me, yield? the internet next week. They are requesting this amendment, simply put, is: Whose The PRESIDING OFFICER. Will the pre-qualified ethanol suppliers to bid on sup- side are you on? Are you on the side of plying product into the Ohio and Washington Senator from New York yield? working families who struggle and State markets beginning November 2000 and Mr. SCHUMER. I ask unanimous con- raise their gas tax 5, 6, 7, 8, 9, 10 cents— running through January 2001. We are inter- sent that I be given 5 additional min- that is during good times—and then ested in bidding to supply a portion of the utes and then I will yield. during spikes raise their gas prices 25, volume requested into Washington State. The PRESIDING OFFICER. Is there This Lot is broken into partial supply per- 30, 40 cents? Are you on the side of objection? centages of 10,25,50 and 100%. The total vol- working families or are you on the side Mr. SCHUMER. If the Senator from ume requested for Washington State is of Archer Daniels Midland? Because New Mexico wishes to speak, I won’t 9,600,000 gallons over the 3 month period. this is not going to even help the farm- ask for that. I am specifically recommending that ers. It will trickle down a little bit, but LAICA consider committing to this reverse Mr. BINGAMAN. Reserving the right first Archer Daniels Midland, and the auction the 38,000 HL it has scheduled to re- to object, as I understand it, the Sen- other companies, take their vig. They ceive from Europe. I believe this feedstock ator from California continues to re- decide how much the farmer gets. will arrive Costa Rica sometime during the I have listened and often supported tain 2 minutes of her own time and, in month of November and be available for de- livery into the US in December. my colleagues who say the middle man addition, the Senator from New York has asked for an additional 2 minutes The delivery of denatured ethanol of BP gets all the money out of agriculture. into Washington State can only be made by But all of a sudden, the one middle of time. I ask my colleagues if that will be sufficient for them to conclude their either Railcar or Barge. Direct deliveries of man who has 41 percent of the market, undenatured ethanol cannot be accepted. For Archer Daniels Midland, is being ex- remarks. this reason, WEC is prepared to source rail- alted. I would feel a lot better if every Mr. SCHUMER. That would be great. cars of domestic ethanol in order to supple- nickel here had to go to the farmer. It That is fine with the Senator from New ment the volume coming from LAICA. This still would not be a good bill, but at York. would allow us to bid on up to 25% of the re- least it would take away one of the ob- The PRESIDING OFFICER. Without quested volume, for a total of 2,400,000 gal- objection, it is so ordered. lons. We are also in discussion with Man jections. with regard to their participation for a small So this is a ‘‘whose side are you on’’ Mr. SCHUMER. Would the Senator from California like me to use my 2 piece of this business. amendment? Are you on the side of I expect that the winning bid for the 25% working families or are you going to minutes first? volume will be somewhere in the upper make the guy or the gal who makes Mrs. FEINSTEIN. I would like to put $1.30’s to low $1.40’s. We are prepared to stop $25,000 a year and has to drive their car some documents in the RECORD that bidding should the price drop below $1.38 per 25 miles to work subsidize Archer Dan- just came over from the House. gallon. As I mentioned above, the delivery iels Midland to a large extent, and Mr. SCHUMER. Please. mode into Washington State allows for only farmers who make more money than Mrs. FEINSTEIN. These documents barge or railcar. In view of this, it will be were just disclosed in a House hearing necessary to first discharge and denature the them, by and large, to the rest of the imported ethanol. We then will schedule a extent? That is not fair. That is not this afternoon. They were disclosed to the FTC. What they show are competi- barge to transport the denatured ethanol to cricket. BP’s terminal in Seattle. I am in the process This amendment is really appalling. tors in the ethanol industry sharing of verifying the barging, terminaling and de- As I have said before, if any proposal bidding information to rig bids. One naturing costs but I have been given a range should have a skull and crossbones on memo describes bringing European eth- of $.03—$0.4 per gallon. I should have this in- it—beware, voter; beware, Senator—it anol and laundering it through the Car- formation on Monday. is this one. ibbean to avoid the tariff. These are I believe that the BP ‘‘Request for I mentioned this before, but I want to hearings that are now going on in the Quotation’’ presents a very good sales oppor- mention it again because I have a feel- House. I cannot, in the 5 minutes I tunity for LAICA’s anhydrous alcohol. How- have had these documents, have an op- ever, in order to participate in the on-line ing 2, 3 years from now my colleagues auction, WEC needs to receive LAICA’s com- will be coming back to me and saying: portunity to really confirm to anybody mitment to supply the 38,000 HL. We must You were right; I should have listened. what they do or what they don’t do. obtain LAICA’s commitment to this program I have seen every so often terrible There are a number of suggestive com- by no later than close of business next Tues- amendments pass. They usually pass ments in them, such as one company day.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.092 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3141 For your guidance, I have enclosed a list- FOB Cost Port (Acajulta) ...... 9480 .9561 .9642 I talked to George Fitch in Brussels today ing of the Lots to be included in the Reverse VALUE ADDED CALCULATION who is suffering the usual frustration one Auction. As you will notice, we will be re- gets in Brussels. He had little to add to your Direct Costs ...... 3450 .3475 .3500 quired to participate in a ‘‘Qualifying Divided by FOB Val. Plant ...... 9333 .9414 .9495 fax of yesterday. Round’’ of bidding on Wednesday September Value Added (percent) ...... 36.9 36.9 36.9 I will call you latter when I get home. 3. This will enable us to move on to the com- Best Regards. petitive bidding event scheduled for Friday Ed, as the previous example illustrates, a September 5. .1 ECU per hectoliter change in our bid price REGENT INTERNATIONAL, I greatly appreciate your presenting this results in approximately a $.008 per gallon Brea, CA, April 6, 1994. proposal to your Board of Directors on Mon- change in total FOB out turned value. For To: Dick Bok day. I will be in my office and be prepared to purposes of this analysis, I have targeted a From: Richard Vind answer any further questions regarding this value added percentage of 36.9%. This per- Subject: CBI Tenders matter. centage should be adjusted to reflect our mu- MEMORANDUM Best regards, tual comfort level in order not to jeopardize I appreciate your quick response. Given DOUGLAS VIND. duty free qualifications. As one further ob- the politics in the EU, I agree we should pre- servation, please note the difference between pare ‘‘bids as usual’’. REGENT INTERNATIONAL, ‘‘processing costs’’ and ‘‘direct costs’’. This As mentioned in our conversation this AM, Brea, CA, November 20, 1995. difference results from customs guidelines I will have price information for you on or To: Dick Bok, ADM Ingredients limiting only certain types of costs as ‘‘di- before April 14. From: Dick Vind rect’’ and applicable to the Value Added cal- My travel plans now are to go to Europe Finally received a phone call from Tuite at culation. the week of April 18. Meetings in Brussels, 3:30 PM PDT USA. Jeff stated he had at last Recommendation: In reviewing the three probably 19/20. been successful in talking to the Kriete’s and lots being offered by the EC for this tender, I will not know my exact travel plans until they have agreed to split the tender with us. I suggest we bid ‘‘competitively’’ on lot num- probably April 12 so I will communicate my Jeff’s only reservation was that Kriete in- ber 77 and submit lower priced bids on lots 75 itinerary along with pricing information sisted that Man be the purchaser of the ten- and 76 as ‘‘back up’’ bids in the event other prior to April 14 to your office. der. In order to avoid a ‘‘show down’’ or bid- potential purchasers fail in their attempt to Best regards, ding contest, I agreed to this request. secure these two lots. DICK. Therefore, Man will be bidding on the I recommend our bid price on lot number 75,000 hl out of France at a price of 5.02. I 77 should be 4.15 ECUs per hectoliter. I rec- WESTERN PETROLEUM IMPORTERS INC., would suggest that ADM underbid at a price ommend our bid price on lots number 75 and July 13, 1998. of 4.85. This will serve as a safety net in the 76 should be 4.10 ECUs per hectoliter each. To: Jeff Tuite event Man’s bid is rejected for any reason. As you are aware, our bids must be for- From: Doug Vind As a reminder, bids are due in this Thursday, mally submitted by Friday, March 20, 1992. It I had hoped to hear from you today regard- November 23. will, therefore, be necessary to communicate ing the situation that has developed in the With regards to the sharing, I made it ex- this pricing information to your office in Northwest. You can imagine my surprise and plicitly clear to Jeff that we (ADM & West- London by our close of business on Thursday. disappointment today to learn that the ern) would be purchasing the product FOB Please give me a call with your rec- ‘‘deal’’ I have been discussing with you for Port-la-Nouvelle from Man on a totally ommendation after you have reviewed this the past several weeks involving the ship- transparent basis. We would then assume re- memo. ment out of Costa Rica and El Salvador had sponsibility for our own shipping which pre- Regards. already been concluded last week. You can sumably we would be able to coordinate also imagine my embarrassment with my jointly in the future. customer when I called them today to firm ED & F MAN ALCOHOLS I would suggest you contact Tuite tomor- London, England, May 13, 1993. up the transaction only to learn that they row at your convenience to confirm and re- To: Dick Vind, had been offered product which I had been quest a signed agreement between both par- From: Jeffrey Tuite previously told was not available. ties in order to assure compliance with this My current frustration with the recent se- Regent International, Brea accord. quence of events is matched only by the hu- El Salvador Best regards, miliation of relying on what was indicated as DICK. On Tuesday evening I talked to the Kriets timely and accurate information, rep- and here is what was said. resenting that information as fact, and hav- June 17, 1996. They were still keen to make a bid on ing my credibility at risk when the ‘‘facts’’ To: Dick Bok these tenders. I cautioned once more against changed. From: Dick Vind this. I said that Man would be able to offer As you are aware, I have been actively Subject: EU Wine Alcohol Tender—Due date: a compromise wherein Man offered 1 million working with your office in seeking a vessel June 24 gallons when their plant was up and running. to accommodate the delivery of both parcels. This will confirm that Archer Daniels Mid- This would come from these tenders and Because the sale was to involve a direct con- land will be bidding 5.9 ecu on Spanish ten- they would buy from Man and the alcohol tract between Man and the customer, I re- der (194–96) and somewhat less, (say 5.75) on would be supplied equally by Vind and vealed the targeted value for the product to Italian tender (195–96). Hogan. Ideally it would be swap deal with you for your concurrence, which you pro- I assume you have discussed with Man, and them returning the ethanol next time vided. Late last week I attempted to reach that all is OK. Please call if this is not the around. In return it was expected that they you several times to discuss this matter but case. did not interfere with these tenders. did not receive the benefit of a return call. Hope all is well. The Kriete response was that they were As it turns out, you had already concluded Best regards, still very nervous about being outmaneu- this transaction but elected not to inform DICK. vered and that we would block any alcohol me. A simple call would have saved me from for them from the next round of June/July looking foolish today. REGENT INTERNATIONAL, tenders. I said that this was not the case and At this point I need to reconfirm your March 18, 1992. that if they could persuade the Commission commitment to providing the 900,000 gallons To: Ed Harjehausen, Archer Daniels Midland to call five lots next time we would support out of El Salvador in a joint shipment some- Co. them. time on or after mid August. As I have al- From: Doug Vind In summary Kriete is prepared to stay ready actively represented this volume as Per our previous discussion, I have pre- away from these tenders if Man can guar- available for delivery, I would prefer to avoid pared a price and cost comparison dem- antee that they will get 1.4 million gallons a repeat of today’s confusion in the event onstrating the sensitivity of the proposed bid from these tenders on a straight sale basis. I you have made other unilateral arrange- price options and the resulting ‘‘out turned’’ said that 1 million gallons was more real- ments. finished ethanol costs FOB Acajulta, El Sal- istic. Tony Hogan is prepared to make a Additionally, I wish to discuss this entire vador. straight sale and feels that this commits him situation with you in greater detail in order less to Krite and there is the point that Kriet to try and understand exactly how things got FOB COST CALCULATION may not get any alcohol to return for one off track. Please call me at your soonest op- Bid Price (ECUs) Per Hectoliter ...... 4.2 4.3 4.4 reason or another. My recommendation to portunity. Bid Price ($ per gallon) ...... 2336 .2392 .2448 you is to make available a straight 500,000 NOVEMBER 13, 1995. Fobbing ...... 1700 .1700 .1700 gallons sale (preferrably 750,000!) without To: George Fitch Ocean Freight (in) ...... 1350 .1350 .1350 strings and I feel this will mend things. From: Dick Vind Inland Truck Freight (in) ...... 0147 .0147 .0147 Subject: DGVI ‘‘Doublespeak’’ Raw Material Cost ...... 5533 .5589 .5645 Can I please have your agreement to do Processing Costs ...... 3800 .3825 .3850 this. I already have Tony’s agreement. Natu- Please review the enclosed articles from a FOB Value Plant ...... 9333 .9414 .9495 rally Man will secure ADMs P Bond risk for recent [October 20, 1995] issue of Agra Europe Inland Truck Freight (out) ...... 0147 .0147 .0147 this sale. Magazine.

VerDate 11-MAY-2000 06:42 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.045 pfrm04 PsN: S23PT1 S3142 CONGRESSIONAL RECORD — SENATE April 23, 2002 This article seems to completely refute I was concluding by saying: There Mr. NICKLES. I announce that the Alex’s comments made to us at our meeting will be a stampede to deny knowledge Senator from North Carolina (Mr. of last week. Although the lead paragraph is of this amendment, to deny knowledge HELMS) is necessarily absent. not easily readable because the fax machine The PRESIDING OFFICER (Mr. DAY- ‘‘ate’’ it, what it says is that The Commis- of the consequences of this amend- sion is increasing the amount of compulsory ment, in a few short years. I wish we TON). Are there any other Senators in distillation for this coming year [1995–96] wouldn’t have to do that. I urge my the Chamber desiring to vote? versus last year [1994–95] by 137,000 HL. Al- colleagues, if you want to subsidize The result was announced—yeas 69, though small, it nonetheless is a definite in- ethanol—it is now subsidized already 53 nays 30, as follows: crease, and shows that the total amount of cents a gallon; there is a tariff barrier [Rollcall Vote No. 78 Leg.] alcohol to be distilled via compulsory dis- so it can’t be imported; no good in our YEAS—69 tillation for the three primary countries of society has gotten as much—do that. If Italy, Spain and France for this coming year Baucus DeWine Lieberman will be a total of 5,400,000 HL. you want to raise the subsidy a little Bayh Dodd Lincoln It must further noted that this year’s total more, do that, because then it is the Bennett Domenici Lott Biden Dorgan Lugar wine production for these three countries is General Treasury that is paying. But Bingaman Durbin McConnell estimated to be 131,900,000 HL versus last for God’s sake, don’t make the drivers Bond Edwards Mikulski year’s 130,927,000 HL. With compulsory dis- of Massachusetts pay 9 cents more a Breaux Feingold Miller tillation being 4% of the total, if you take gallon and the drivers of Rhode Island Brownback Fitzgerald Murkowski the total EU wine production of 155,400,000, Bunning Frist Murray this means that a total of 6,216,000 HL will be and Delaware pay 9 cents more a gallon Burns Graham Nelson (FL) available for EUstocks this coming year. and the drivers of Pennsylvania pay 6 Byrd Grassley Nelson (NE) It is apparent that there will continue to cents more a gallon. Campbell Gregg Reid be significant overproduction in the EU for That is the most regressive tax we Cantwell Hagel Roberts Carnahan Harkin Rockefeller years to come, in that the Commission’s ef- are going to pass this year. Somehow, Carper Hatch Sarbanes forts to reduce production have failed. because it is coated in ethanol, that Chafee Hutchinson Smith (NH) On a related matter, I have reviewed your tax seems to be OK. The very same peo- Cochran Inhofe Snowe memo to the CBI group. Your suggestion on Collins Jeffords Stabenow opening up future tenders to avoid the GATT ple who would get up on the floor and Conrad Johnson Stevens limits are troubling unless we couple it with oppose taxes on any basis or on a re- Craig Kerry Thurmond some type of end-use restriction. This is be- gressive basis are allowing this one to Crapo Kohl Torricelli cause, as you can also see from the second go through. Daschle Landrieu Voinovich Dayton Levin Wellstone article, notwithstanding what Tuite said at We will rue the day we support an the meeting, it appears that the Brazilians ethanol mandate. I urge my colleagues NAYS—30 will be back into the market in a big way to think twice before they vote and Akaka Gramm Santorum next year. Unless we place some type of re- support our amendment which still al- Allard Hollings Schumer striction on end-use, they’ll easily outbid us Allen Hutchison Sessions for the entire EU output. lows the banning of MTBE, still keeps Boxer Inouye Shelby What happened to our end-use language we the clean air standard, gets rid of oxy- Cleland Kennedy Smith (OR) discussed with Olsen last year? genate, but lets each State decide the Clinton Kyl Specter I would appreciate your investigating Corzine Leahy Thomas best route to clean the air and clean Ensign McCain Thompson these matters as soon as possible and giving the water. me the benefit of your thoughts. Also, I want Enzi Nickles Warner Mandates are no good for American Feinstein Reed Wyden to report the results of my meeting with the SENPA folks. families. Mandates are no good for our NOT VOTING—1 economy. This is an ethanol gas tax. I DICK. Helms urge it to be defeated. REGENT INTERNATIONAL, The PRESIDING OFFICER. The Sen- The motion was agreed to. Brea, CA, November 20, 1995. ator from New Mexico. Mr. REID. I move to reconsider the To: Dick Bok, ADM Ingredients Mr. BINGAMAN. Madam President, vote. From: Dick Vind how much time do I have? Mr. BINGAMAN. I move to lay that Finally received a phone call from Tuite at The PRESIDING OFFICER. Three motion on the table. 3:30 PM PDT USA. Jeff stated he had at least and a half minutes. The motion to lay on the table was been successful in talking to the Kriete’s and agreed to. they have agreed to split the tender with us. Mr. BINGAMAN. Whose time is that? Jeff’s only reservation was that Kriete in- The PRESIDING OFFICER. The time f is not allocated. sisted that Man be the purchaser of the ten- CHANGE OF VOTE der. In order to avoid; ‘‘show down’’ or bid- Mr. BINGAMAN. That is not time ei- ding contest, I agreed to this request. ther for or in opposition? Mr. CHAFEE. Mr. President, on roll- Therefore, Man will be bidding on the The PRESIDING OFFICER. That is call vote No. 78 I voted ‘‘nay.’’ It was 75,000 hl out of France at a price of 5.02. I correct. my intention to vote ‘‘yea.’’ I ask would suggest that ADM underbid at a price The Senator from Nevada. unanimous consent to change my vote. of 4.85. This will serve as a safety net in the Mr. REID. Madam President, that This will not affect the outcome of the event Man’s bid is rejected for any reason. time was allocated to Senator As a reminder, bids are due in this Thursday, vote. November 23. WELLSTONE. He didn’t use all that The PRESIDING OFFICER. Is there With regards to the sharing, I made it ex- time. Senator WELLSTONE is not here. objection? plicitly clear to Jeff that we (ADM & West- Unless the Senators from New York Without objection, it is so ordered. ern) would be purchasing the product FOB and California want to use the time, I (The foregoing tally has been Port-la-Nouvelle from Man on a totally will yield back his time and we will changed to reflect the above order.) transparent basis. We would then assume re- start the vote now. f sponsibility for our own shipping which pre- I yield back the time of the Senator sumably we would be able to coordinate from Minnesota. EXECUTIVE SESSION jointly in the future. I would suggest you contact Tuite tomor- The PRESIDING OFFICER. The Sen- f row at your convenience to confirm and re- ator from New Mexico. NOMINATION OF JEFFREY R. HOW- quest a signed agreement between both par- Mr. BINGAMAN. Madam President, I ARD OF NEW HAMPSHIRE, TO BE ties in order to assure compliance with this move to table the amendment and ask UNITED STATES CIRCUIT JUDGE accord. for the yeas and nays. FOR THE FIRST CIRCUIT Best regards, The PRESIDING OFFICER. Is there a DICK. sufficient second? Mr. REID. Mr. President, I ask unan- Mrs. FEINSTEIN. I thank the Chair. There appears to be a sufficient sec- imous consent the Senate now proceed The PRESIDING OFFICER. The Sen- ond. to executive session to consider the fol- ator from New York. The question is on agreeing to the lowing nomination: Calendar No. 773; Mr. SCHUMER. I thank the Senator motion to table amendment No. 3030. that the Senate vote immediately on from California for that useful addition The clerk will call the roll. confirmation of the nomination; that and also for her great work on this The senior assistant bill clerk called upon the disposition of the nomination, issue. the roll. the motion to reconsider be laid upon

VerDate 11-MAY-2000 06:42 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00032 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.049 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3143 the table, any statements be printed in ceeds the rates of confirmation in the ing with the period in which they were the RECORD, the President be imme- past three Presidencies. It took 15 in the Senate majority with a Presi- diately notified of the Senate’s action, months for the Senate to confirm 46 ju- dent of the other party. They do not and the Senate return to legislative dicial nominees for the Clinton admin- want to talk about that because we session without intervening action or istration. The pace at the beginning of have exceeded the number of judges debate; and Senator GREGG be recog- the Clinton administration amounted they confirmed per year. nized prior to the vote for 1 minute and to 3.1 judges confirmed per month. In They would rather unfairly compare Senator SMITH of New Hampshire be the first 15 months of the first George the work of the Senate on confirma- recognized for 1 minute prior to the H.W. Bush administration, only 27 tions in the less than 10 months since vote; and I ask further consent this judges were confirmed. The pace at the the shift in majority to full, 2-year vote time count postcloture. beginning of the George H.W. Bush ad- Congresses. I say that it is quite unfair The PRESIDING OFFICER. Without ministration amounted to 1.8 judges to complain that we have not done 24 objection, it is so ordered. confirmed per month. In President months of work on judicial vacancies Mr. REID. I ask for the yeas and nays Reagan’s first 15 months in office, 54 in the less than 10 months since the on the nomination. judges were confirmed. The pace at the Senate reorganized. These double The PRESIDING OFFICER. Is there a beginning of the Reagan administra- standards asserted by the Republicans sufficient second? tion amounted to 3.6 judges confirmed are wrong and unfair, but that does not There is a sufficient second. per month. By comparison, in the less seem to matter to Republicans intent The yeas and nays were ordered. than 10 months since the shift to a on criticizing and belittling every The PRESIDING OFFICER. The Sen- Democratic majority in the Senate, achievement of the Senate under a ator from Vermont is recognized. President Bush’s judicial nominees Democratic majority. Mr. LEAHY. Mr. President, today, have been confirmed at a rate of 4.6 per Republicans have been imposing a the Senate is voting on the 46th judi- month, a faster pace than for any of double standard on circuit court vacan- cial nominee to be confirmed since last the last three Presidents. cies as well. The Republican attack is July when the Senate Judiciary Com- During the preceding 61⁄2 years in based on the unfounded notion that the mittee reorganized after the Senate which a Republican majority most re- Senate has not kept up with attrition majority changed. With today’s vote on cently controlled the pace of judicial on the Courts of Appeals. Well, the Jeffrey Howard to the Court of Appeals confirmations in the Senate, 248 judges Democratic majority in the Senate has for the 1st Circuit, the Senate will con- were confirmed. Some like to talk more than kept up with attrition and firm its 46th judicial nominee and its about the 377 judges confirmed during we are seeking to close the vacancies 9th judge to our Federal Courts of Ap- the Clinton administration, but forget gap on the Courts of Appeals that more peals in the less than 10 months since I to mention that more than one-third than doubled under the Republican ma- became chairman this past summer. were confirmed during the first 2 years jority. This is the 18th judge confirmed since of the Clinton administration while the In less than 10 months since the the beginning of this session in late Senate majority was Democratic and change in majority and reorganization, January. Under Democratic leadership, Senator BIDEN chaired the Judiciary the Senate has confirmed 9 judges to in less than 4 months the Senate has Committee. The pace of confirmations the Courts of Appeals and held hear- confirmed more judges than were con- under a Republican majority was ings on two others, with another cir- firmed in all 12 months of 1996 under markedly slower, especially in 1996, cuit judge hearing scheduled for this Republican leadership. The Senate has 1997, 1999, and 2000. week. In contrast, the Republican-con- confirmed more judges in the last 10 During the 61⁄2 years of Republican trolled majority averaged only seven months than were confirmed in 4 out of control of the Senate, judicial con- confirmations to the Courts of Appeals 6 full years under Republican leader- firmations averaged 38 per year, a pace per year. Seven. In the less than 10 ship. The number of judicial confirma- of consideration and confirmation that months the Democrats have been in tions over these past 10 months—46— we have already exceeded under Demo- the majority, we have already exceeded exceeds the number confirmed during cratic leadership in fewer than 10 the annual number of Court of Appeals all 12 months of 2000, 1999, 1997, and months, in spite of all of the challenges judges confirmed by our predecessors. 1996. facing Congress and the Nation during The Senate in the last 10 months has Mr. Howard is the 9th Court of Ap- this period and all of the obstacles Re- confirmed more Court of Appeals peals judge confirmed in the less than publicans have placed in our path. We judges than were confirmed in 2000, 10 months since the Judiciary Com- have confirmed 46 judicial nominees in 1999, or 1997, and nine more than the mittee was permitted to reorganize less than 10 months. This is almost zero from 1996. In an entire session of last July. This is more circuit judges twice as many confirmations as George the 105th Congress, the Republican ma- than were confirmed in all 12 months of W. Bush’s father had over a longer pe- jority did not confirm a single judge to 2000, 1999, 1997, and 1996, 4 of the 6 years riod, 27 nominees in 15 months, than fill vacancies on the Courts of Appeals. of Republican control of the Senate the period we have been in control of That year has greatly contributed to during the Clinton administration. It is the Senate. the doubling of vacancies on the Courts triple the number of circuit judges con- Our Republican critics like to make of Appeals during the time in which firmed in 1993, when a Democratic Sen- arguments based on false rather than the Republican majority controlled the ate majority was working with a Presi- fair comparisons. They complain that Senate. dent of the same party and received we have not done 24 months of work in The Republican majority assumed some cooperation from the administra- the less than 10 months we have been control of judicial confirmation in Jan- tion. It exceeds the number of Court of in the majority. That is an unfair com- uary 1995 and did not allow the Judici- Appeals judges confirmed by a Repub- plaint. A fair examination of the rate ary Committee to be reorganized after lican Senate majority in the first 12 of confirmation shows, however, that the shift in majority last summer until months of the Reagan administration Democrats are working harder and July 10, 2001. During the period in and it equals the number of circuit faster on judicial nominees, confirming which the Republican majority con- judges confirmed in the first 12 months judges at a faster pace than the rates trolled the Senate and in which they of the first Bush administration. of the past 20 years. delayed reorganization, the period from As our action today demonstrates, I ask myself how Republicans can January 1995 through July 2001, vacan- again, we are moving at a fast pace and justify seeking to hold the Democratic cies on the Courts of Appeals increased confirming conservative nominees. majority in the Senate to a different from 16 to 33, more than doubling. Since the change in Senate majority, standard than the one they met them- When Members were finally assigned the Democratic majority has moved to selves during the last 61⁄2 years. There to the Judiciary Committee on July 10, confirm President Bush’s nominees at simply is no answer other than par- we began with 33 Courts of Appeals va- a faster pace than the nominees of tisanship. This double standard is most cancies. That is what I inherited. Since prior Presidents. The rate of confirma- apparent when Republicans refuse fair- the shift in majority last summer, five tions in the past 10 months actually ex- ly to compare the progress we are mak- additional vacancies have arisen on the

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00033 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.097 pfrm04 PsN: S23PT1 S3144 CONGRESSIONAL RECORD — SENATE April 23, 2002 Courts of Appeals around the country. Overall, in little less than 10 months, ity held in any year of its control of With this week’s confirmation of Jef- the Senate Judiciary Committee has the Senate. The Republican majority frey Howard, we have reduced the num- held 16 hearings involving 55 judicial never held 16 judicial confirmation ber of circuit court vacancies to 29. nominations. That is more hearings on hearings in 12 months. We will hold our Rather than the 38 vacancies that judges than the Republican majority 17th judicial confirmation hearing this would exist if we were making no held in any year of its control of the week. progress, as some have asserted, there Senate. In contrast, one-sixth of Presi- The Senate Judiciary Committee is now remain 29 vacancies. That is more dent Clinton’s judicial nominees—more holding regular hearings on judicial than keeping up with the attrition on than 50—never got a committee hear- nominees and giving nominees a vote the Circuit Courts. ing and committee vote from the Re- in committee, in contrast to the prac- Since our Republican critics are so publican majority, which perpetuated tice of anonymous holds and other ob- fond of using percentages, I will say longstanding vacancies into this year. structionist tactics employed by some that we will have filled almost a quar- Vacancies continue to exist on the during the period of Republican con- ter—29 of 38, or 23.8 percent—of the va- Courts of Appeals in part because a Re- trol. The Democratic majority has re- cancies on the Courts of Appeals in the publican majority was not willing to formed the process and practices used last 10 months. In other words, by con- hold hearings or vote on more than in the past to deny committee consid- firming four more nominees than the half—56 percent—of President Clinton’s eration of judicial nominees. We have five required to keep up with the pace Court of Appeals nominees in 1999 and moved away from the anonymous holds of attrition, we have not just matched 2000 and was not willing to confirm a that so dominated the process from the rate of attrition but surpassed it by single judge to the Courts of Appeals 1996 through 2000. We have made home 80 percent. during the entire 1996 session. State Senators’ blue slips public for While the Republican Senate major- Despite the newfound concern from the first time. ity increased vacancies on the Courts across the aisle about the number of I do not mean by my comments to of Appeals by over 100 percent, it has vacancies on the circuit courts, no appear critical of Senator HATCH. Many taken the Democratic majority less nominations hearings were held while times during the 61⁄2 years he chaired than 10-months to reverse that trend, the Republicans controlled the Senate the Judiciary Committee, I observed keep up with extraordinary turnover in the 107th Congress last year. No that, were the matter left up to us, we and, in addition, reduce circuit court judges were confirmed during that time vacancies by more than 10 percent would have made more progress on from among the many qualified circuit overall—from 33 down to 29, or 12.1 per- more judicial nominees. I thanked him court nominees received by the Senate cent. This is progress. Rather than hav- during those years for his efforts. I ing the circuit vacancy numbers sky- on January 3, 2001, or from among the know that he would have liked to have rocketing, as they did overall during nominations received by the Senate on been able to do more and not have to May 9, 2001. Had the Republicans not leave so many vacancies and so many the prior 61⁄2 years—more than dou- bling from 16 to 33—the Democratic-led delayed and obstructed progress on nominees without action. Senate has reversed that trend. The va- Courts of Appeals nominees during the I hope to continue to hold hearings cancy rate is moving in the right direc- Clinton administration, we would not and make progress on judicial nomi- tion—down. now have so many vacancies. Had the nees in order to further the administra- Despite claims to the contrary, under Republicans even reversed course just tion of justice. In our efforts to address Democratic leadership, the Senate is this past year and proceeded on the cir- the number of vacancies on the circuit confirming President Bush’s Circuit cuit court nominees sent to the Senate and district courts we inherited from Court nominees more quickly than the in January, the number of circuit court the Republicans, the committee has fo- nominees of other Presidents were con- vacancies today could be in the low cused on consensus nominees for all firmed by Senates, even some with ma- twenties, given the pace of confirma- Senators. In order to respond to what jorities from the President’s own tion of circuit nominees since the shift Vice President CHENEY and Senator party. The number of confirmations to in majority last summer. HATCH now call a vacancy crisis, the the Circuit Courts has exceeded those The Democratic leadership acted committee has focused on consensus who were confirmed over 10 month promptly to address the number of cir- nominees. This will help end the crisis time frames at the beginning of past cuit and district vacancies that had caused by Republican delay and ob- administrations. With the confirma- been allowed to grow when the Senate struction by confirming as many of the tion of Jeffrey Howard, 9 Circuit Court was in Republican control. The Judici- President’s judicial nominees as quick- nominees will have been confirmed in ary Committee noticed the first hear- ly as possible. less than 10-months. This number ing on judicial nominations within 10 Most Senators understand that the greatly exceeds the number of Court of minutes of the reorganization of the more controversial nominees require Appeals confirmations in the first 10 Senate and held that hearing on the greater review. This process of careful months of the Reagan administration day after the committee was assigned review is part of our democratic proc- (three), the first Bush administration new members. ess. It is a critical part of the checks (three), and the Clinton administration That initial hearing included a Court and balances of our system of govern- (two). This is three times, or 300 per- of Appeals nominee on whom the Re- ment that does not give the power to cent, the number of Court of Appeals publican majority had refused to hold a make lifetime appointments to one nominees confirmed in the comparable hearing the year before. We held un- person alone to remake the courts 10-month periods of past administra- precedented hearings for judicial nomi- along narrow ideological lines, to pack tions. With nine circuit judges con- nees during the August recess. Those the courts with judges whose views are firmed in the less than 10 months since hearing included a Court of Appeals outside of the mainstream of legal the Senate reorganized under Demo- nominee who had been a Republican thought, and whose decisions would cratic leadership, we have greatly ex- staff member of the Senate. We pro- further divide our nation. ceeded the number of circuit judges ceeded with a hearing the day after the The committee continues to try to confirmed at the beginning of prior first anthrax letter arrived at the Sen- accommodate Senators from both sides presidencies. Our achievements also ate. That hearing included a Court of of the aisle. The Court of Appeals compare quite favorably to the 46 Appeals nominee. In less than 10 tu- nominees included at hearings so far Court of Appeals nominees confirmed multuous months, the Senate Judici- this year have been at the request of by the Republican majority in the 76 ary Committee has held 16 hearings in- Senators GRASSLEY, LOTT, SPECTER, months during which they most re- volving 55 judicial nominations—in- ENZI, and SMITH of New Hampshire— cently controlled the Senate. Their in- cluding 11 circuit court nominees—and five Republican Senators who each action led to the number of Courts of we are hoping to hold another hearing sought a prompt hearing on a Court of Appeals vacancies more than doubling. this week for half a dozen more nomi- Appeals nominee who was not among With a Democratic Senate majority, nees, including another Court of Ap- those initially sent to the Senate in the number of circuit vacancies is peals nominee. That is more hearings May 2001. Each of the previous 45 nomi- going down. on judges than the Republican major- nees confirmed by the Senate

VerDate 11-MAY-2000 06:42 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.054 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3145 has received the unanimous, bipartisan frey Howard to the First Circuit Court The PRESIDING OFFICER. The Sen- backing of the committee. of Appeals. Mr. Howard’s record is im- ator from New Hampshire. Mr. Howard was given a hearing by pressive. He will make a valuable con- Mr. GREGG. Mr. President, I join my the Senate Judiciary Committee due to tribution to an already prestigious colleague, Senator SMITH, in strongly Senator BOB SMITH’s efforts. The Sen- First Circuit Court of Appeals. endorsing the nomination of Jeff How- ator from New Hampshire is not some- Mr. Howard graduated summa cum ard. I hope my colleagues will vote for one with whom I agree on all issues. In- laude from Plymouth State College. him for the First Circuit Court. Jeff deed, we have had our disagreements While attending Georgetown Univer- Howard has been an extraordinary pub- on judicial nominations. He has applied sity Law Center, he became Editor of lic servant in New Hampshire. He has a litmus test over the years and voted that institution’s American Criminal served as attorney general, as U.S. at- against nominees he felt were not Law Review. torney. He continues the long tradition against abortion. He voted against at After law school, Mr. Howard began of quality individuals who bring integ- least 20 Clinton judicial nominees. an illustrious period of service in the rity, intelligence, and ability to the ap- Nonetheless, when Senator SMITH New Hampshire Attorney General’s Of- peals court in Boston. We are very spoke to me about his support for Mr. fice. There he quickly moved through proud of the fact he will be serving Howard, I accommodated Senator the ranks to head that office’s Con- down there upon an affirmative vote SMITH’s request that we proceed sumer Protection and Antitrust Divi- from this body. promptly with a hearing on him. Mr. sion. Upon successful completion of I yield the floor. Howard is being confirmed by the U.S. this assignment, he was promoted to The PRESIDING OFFICER. The Senate today, because Senator SMITH Associate Attorney General in charge question is, will the Senate advise and worked to have this nomination con- of the division of Legal Counsel. He consent to the nomination of Jeffrey R. sidered favorably. eventually became Deputy Attorney Howard to be United States Circuit Some on the other side of the aisle General, in essence, the second in com- Judge for the First Circuit. have falsely charged that if a nominee mand in this office. On this question, the yeas and nays has a record as a conservative Repub- Mr. Howard was then nominated and have been ordered. lican, he will not be considered by the confirmed as U.S. Attorney for the Dis- The clerk will call the roll. committee. That is simply untrue. trict of New Hampshire. During his The assistant legislative clerk called Take, for example, the nomination of tenure in that office, he became Prin- the roll. Mr. NICKLES. I announce that the Jeffrey Howard. Just 2 years ago, he cipal Associate Deputy Attorney Gen- Senator from North Carolina (Mr. campaigned for the Republican nomi- eral at the Justice Department. Here HELMS) is necessarily absent. nation for Governor of New Hampshire. his responsibilities included advising The PRESIDING OFFICER. Are there He has been a prominent figure in Re- Attorney General Barr and supervising any other Senators in the Chamber de- publican politics in New Hampshire for the Department of Justice’s Executive many years. He served as the New siring to vote? Office for Asset Forfeiture. The result was announced—yeas 99, Hampshire Attorney General, the State Mr. Howard then returned to New nays 0, as follows: Deputy Attorney General, and the Hampshire and was appointed that [Rollcall Vote No. 79 Ex.] Chief Counsel in the Consumer Protec- State’s attorney general. He wrote and YEAS—99 tion Division. He also served as the implemented one of the Nation’s first U.S. Attorney for the District of New Akaka Dorgan Lugar effective comprehensive statewide Allard Durbin McCain Hampshire and the Principal Associate interdisciplinary protocols to combat Allen Edwards McConnell Deputy Attorney General during the domestic violence. Baucus Ensign Mikulski first Bush administration. Thus, it Clearly, Mr. Howard is a leader in the Bayh Enzi Miller Bennett Feingold Murkowski would be wrong to claim that we will areas of fighting for consumers that Biden Feinstein Murray not consider President George W. were the victims of fraud and the Bingaman Fitzgerald Nelson (FL) Bush’s nominees with conservative cre- rights of abused women. Bond Frist Nelson (NE) dentials. We have done so repeatedly. The people of New Hampshire can be Boxer Graham Nickles Breaux Gramm Reed The committee voted unanimously to proud of this nominee; Jeffrey Howard Brownback Grassley Reid report Mr. Howard’s nomination to the has been a servant of New Hampshire’s Bunning Gregg Roberts floor, even though a minority of the people. President Bush has done right Burns Hagel Rockefeller ABA committee found the nominee to Byrd Harkin Santorum by the people of New Hampshire and of Campbell Hatch Sarbanes be not qualified for appointment to the New England with this nomination. Cantwell Hollings Schumer U.S. Court of Appeals for the First Cir- Mr. Howard is a good example of the Carnahan Hutchinson Sessions cuit. No Senator is bound by the rec- kind of high-quality judicial nominees Carper Hutchison Shelby Chafee Inhofe Smith (NH) ommendations of the ABA, but we have selected by President Bush. Cleland Inouye Smith (OR) always valued their contribution to the Mr. President, I am proud to say that Clinton Jeffords Snowe process and the willingness of the Jeffrey Howard has my support and I Cochran Johnson Specter members of the ABA standing com- believe he will be an outstanding addi- Collins Kennedy Stabenow Conrad Kerry Stevens mittee to volunteer their time, efforts tion to the first circuit. Corzine Kohl Thomas and judgment to this important task. Mr. SMITH of New Hampshire. Mr. Craig Kyl Thompson Based on the judgment of each indi- President, I rise in very strong support Crapo Landrieu Thurmond Daschle Leahy Torricelli vidual Member about the qualifications of the nomination of Jeffrey Howard to Dayton Levin Voinovich of a particular nominee, the Judiciary the First Circuit Court. I thank the DeWine Lieberman Warner Committee has reported out other distinguished chairman of the Judici- Dodd Lincoln Wellstone Bush nominees who received mixed ary Committee, Senator LEAHY, for Domenici Lott Wyden ABA peer review ratings and even some bringing this nomination forward NOT VOTING—1 with negative recommendations. Mr. promptly, and also Senator HATCH, the Helms Howard is well-regarded by his home- ranking member. I spoke to Senator The nomination was confirmed. LEAHY a couple of weeks ago, and he State Senators. The next time Repub- f lican critics are bandying around promised he would bring this nomina- charges that the Democratic majority tion forward, and he did. I am deeply NATIONAL LABORATORIES PART- has failed to consider conservative ju- appreciative because Jeff Howard is NERSHIP IMPROVEMENT ACT OF dicial nominees, I hope someone will very qualified for this position and I 2001—Continued ask those critics about Jeffrey Howard, look forward to him having a long and AMENDMENTS NOS. 3231, 3232, 3157, 3242, 3244, 3245, as well as the many other conservative distinguished career on the First Cir- 3246, 3247, 3248, 3249, AND 3250 nominees we have proceeded to con- cuit Court. I am proud to support the Mr. BINGAMAN. Mr. President, I ask sider and confirm. nomination. I urge my colleagues to do unanimous consent that notwith- Mr. HATCH. Mr. President, I rise in likewise. standing rule XXII, the pending amend- support of the confirmation of Mr. Jef- I yield the floor. ment be set aside and that it be in

VerDate 11-MAY-2000 06:26 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.056 pfrm04 PsN: S23PT1 S3146 CONGRESSIONAL RECORD — SENATE April 23, 2002 order for the Senate to consider en bloc In June 2001, I introduced bipartisan ical, innovative energy technologies the following amendments: climate change legislation with Sen- that will help reduce emissions, while Amendments Nos. 3231, 3232, 3157, ator STEVENS. Our bill received unani- simultaneously preserving a diversity 3242, 3244, 3245, 3246, 3247, 3248, 3249, and mous support in the Government Af- of energy options to support our grow- 3250. fairs Committee in July 2001, and Sen- ing economy. The PRESIDING OFFICER. Is there ators DASCHLE and BINGAMAN then in- Additionally, Byrd/Stevens under- objection? cluded this bipartisan legislation along stands that enhancing international re- Without objection, it is so ordered. with other climate change provisions search and development efforts as well AMENDMENTS NOS. 3157 AND 3231, AS MODIFIED in the larger energy bill in December as opening markets and exporting a Mr. BINGAMAN. Mr. President, I fur- 2001. Our proposal is based on scientif- range of clean energy technologies ther ask unanimous consent that ically, technically, economically, and globally will be key to addressing the amendments No. 3157 and amendment environmentally sound principles and long-term climate change challenge. No. 3231 be modified with the changes would put into place a long-term, com- Finally, while it is critical to put in at the desk. prehensive, national climate change place the framework to address this The PRESIDING OFFICER. Without strategy. I believe that this is the right long-term, multifaceted issue, it objection, it is so ordered. policy framework. The Byrd/Stevens should be noted that the Byrd/Stevens The amendment (No. 3157), as modi- legislation recognizes that what we legislation does not purposely include a fied, is as follows: truly need is to find new ways to begin mandatory or regulatory regime for On page 574, between lines 11 and 12, insert to solve the climate change problem. emission reductions. the following: Senator STEVENS and I want to work Additionally, I believe that such inno- SEC. 17 . REPORT ON RESEARCH ON HYDROGEN in a bipartisan way to thread this nee- vation will be key to the long-term via- PRODUCTION AND USE. dle—to find a way to establish a bal- bility of coal as an energy resource. Not later than 120 days after the date of anced, long-term framework so that enactment of this Act, the Secretary of En- The primary cause of global climate ergy shall submit to Congress a report that change is due to the increase in green- the U.S. can better address the climate change challenge in a more comprehen- identifies current or potential research house gases in the atmosphere, espe- sive way. Climate change policy is no projects at Department of Energy nuclear fa- cially CO which results from the burn- 2 more and no less than cumulatively ad- cilities relating to the production or use of ing of fossil fuels. To deal with climate hydrogen in fuel cell development or any dressing good economic, energy, envi- change during this century, the world other method or process enhancing alter- ronmental, transportation, agriculture, must find better, more efficient, and native energy production technologies. forestry, and other relevant policy cleaner ways to burn the very fossil (The amendment (No. 3231), as modi- measures. At no time, was it our intent fuels, including coal, that power vir- fied, is printed in today’s RECORD under to presuppose or dictate any specific tually the entire economy. Addressing ‘‘Text of Amendments.’’) policy outcomes to the Executive climate change is one of the greatest Mr. BYRD. Mr. President, I am a Branch or the public at large. Rather, product of West Virginia. I was pulled challenges facing the world in this cen- the Byrd/Stevens legislation incor- from the hard scrabble mountains of tury, and it will require the develop- porated the views of many Members Appalachia, and I burn with a passion ment of advanced energy technologies, and was built upon the experiences to serve this nation. I remember my ideas, and responses far beyond today’s from past Administration’s efforts in roots. I am proud of them as they have endeavors. Therefore, the U.S. must set order to create a stronger, more stable served me well throughout my career in place a framework with a com- foundation that would span this and in Congress. I recall the words of the prehensive strategy and structure to many Administrations to come. legendary President of the United Mine better address this global challenge. In summary, I believe that, by work- Workers of America, John L. Lewis: The Byrd/Stevens legislation calls for ing in a bipartisan way in the Senate, When ye be an anvil, the development of a national strategy we have refined the Byrd/Stevens legis- lie ye very still; to coordinate the Federal Govern- lation without undermining its core When ye be a hammer, ment’s response to climate change and principles. I hope to work with the strike with all thy will. to examine how the U.S. and other na- White House and other Members of I believe that we should work dili- tions can stabilize greenhouse gas con- Congress in the energy conference on gently on legislation that is beneficial centrations over the long term. The this and other energy-related provi- to the American people—on education strategy is built upon a foundation of sions. I look forward to the eventual reform, Campaign Finance Reform, four key elements, including tech- inclusion of Byrd/Stevens in a com- border security, homeland defense, en- nology development, scientific re- prehensive energy plan that can ulti- ergy security, and a common sense cli- search, climate adaptation research, mately pass the Congress and be signed mate change policy. But, surely, we and mitigation measures to deal with by the President. Finally, I ask unani- should not allow the White House to climate change in an economically and mous consent that my full statement hammer us, disregarding what we have environmentally sound manner. before the Senate Government Affairs introduced, debated, and passed in this Byrd/Stevens recognizes that the Committee on July 18, 2001, be printed Chamber on a number of important large number of Federal agencies are in the RECORD. policy matters. We must let the demo- engaged in climate change-related ac- There being no objection, the mate- cratic process work. It is an open proc- tivities, often resulting in a hodge- rial was ordered to be printed in the ess, and it is the process that the podge of ad hoc approaches. Our legis- RECORD, as follows: Founders established so long ago to lation calls for the creation of a new, REMARKS BY U.S. SENATOR ROBERT C. BYRD: make it possible to consider the peo- statutory office in the Executive Office ‘‘MEETING THE CHALLENGE OF CLIMATE ple’s business. of the President to serve as a focal CHANGE’’—TESTIMONY BEFORE THE SENATE It was a little over a year ago that point of accountability and to inte- GOVERNMENT AFFAIRS COMMITTEE, JULY 18, the Administration began a com- grate the work of these Federal agen- 2001 prehensive review of climate change— cies while enhancing congressional Mr. Chairman, Senator Thompson, Senator their alternative approach to the oversight. Stevens, and Members of the Committee: Kyoto Protocol. I understand that any Byrd/Stevens also fills a critical I thank you very much for inviting me to speak on behalf of S. 1008, the Climate new Administration must examine and technology gap with a long-term re- Change Strategy and Technology Innovation develop its own set of policies and ideas search and development program Act of 2001, and I appreciate your holding on these issues, but they should also through the creation of a new office at this hearing on legislation that I believe in- understand that so must the Senate. In the Department of Energy which will corporates the interests of a wide range of the absence of any Executive Branch focus on the innovative technologies Members. action last year, the Members of the necessary to move beyond the current, I have spoken twice in recent months on the Senate floor about the issue of global cli- Senate on both sides of the aisle took incremental steps being taken to ad- mate change. My desire to discuss this im- the lead, putting forward new ideas and dress climate change today and author- portant issue derives not only from my sense approaches to address this climate izes $4.75 billion over ten years for such of personal concern but also from my opti- change challenge. programs. We must develop the crit- mistic belief that we can meet the climate

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.099 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3147 change challenge if we are willing to make a bumpy—and I am sure that there will be dis- On page 222, line 23, strike ‘‘(B)’’ and insert commitment to do so. It is my position that agreements along the way—but it is a jour- ‘‘(C)’’. all nations, industrialized and developing ney that we must take. On page 233, line 18, strike ‘‘(k)’’ and insert countries alike, must begin to honestly ad- We owe it to future generations. S. 1008, if ‘‘paragraph’’. dress the multifaceted and very complex adopted and signed by the President, will global climate change problem. At the same commit the U.S. to a serious undertaking, AMENDMENT NO. 3244 time, I believe that our nation is particu- but one that should no longer be ignored. If On page 3, line 4, strike ‘‘ELECTRICAL’’ and larly well positioned, with the talent, the we are to have any hope of solving one of the insert ‘‘ENERGY’’. wisdom, and the drive, in leading efforts to world’s—one of humanity’s—greatest chal- On page 3, line 5, strike ‘‘electrical’’ and address the problem that is before us. lenges, we must begin now. For these reasons, I, along with Senator insert ‘‘energy’’. Mr. MCCAIN. Mr. President, first, I Stevens, introduced the legislation (S. 1008) On page 5, line 4, strike ‘‘electrical’’ and that is under consideration today. The Byrd/ thank the many Senators for their in- insert ‘‘energy’’. Stevens climate change action plan recog- volvement in these discussions on the On page 5, lines 12–13, strike ‘‘standard es- nizes the awesome problem posed by climate very complex issue of climate change. I tablished by a’’ and insert ‘‘applicable’’. change, and it puts into place a comprehen- applaud their efforts to reach agree- On page 5, lines 13–14, strike ‘‘standard de- sive framework, as well as research and de- ment on these titles. scribed in’’ and insert ‘‘low emissions vehicle standards established under authority of’’. velopment effort to guide U.S. efforts into It is not often that several Commit- the future. This insidious diseases that have On page 6, line 5, strike ‘‘electrical’’ and tees come together to discuss an issue insert ‘‘energy’’. ravaged the earth. Our nation is a world that cuts across their respective juris- leader in medical and telecommunications technologies, and we should also be a leader dictions. I think that the agreement AMENDMENT NO. 3245 when it comes to revolutionizing our energy that has been reached thus far rep- (Purpose: To clarify the definition of ‘‘tribal technologies. Such a commitment would be resents major progress on the road to- lands’’) important for our economy, our energy secu- ward addressing the problem of climate On page 101, strike line 24 and all that fol- rity, and the global environment overall. But change. I, like other Members, have lows through page 102, line 2 and insert the I must ask how long are we going to wait to concerns that need further discussion. I following: develop these technologies. This is a huge think that a dialogue with the House ‘‘(6) TRIBAL LANDS.—The term ‘tribal lands’ opportunity for our nation, but our efforts and the Administration will be invalu- means any tribal trust lands, or other lands will only be rewarded if can we make a con- able as we continue our efforts to final- owned by an Indian tribe that are within certed commitment and dedicate ourselves such tribe’s reservation.’’. to the task ahead. ize a domestic approach to the prob- Make no mistake about it, global climate lem. Therefore, I look forward to work- AMENDMENT NO. 3246 change is a reality. There are some who may ing with the various Senators as we have misinterpreted my stance on this issue (Purpose: To clarify the definition of ‘‘Indian continue these discussions on the bill land’’) based on Senate Resolution 98 of July 1997, during the conference with the House. On page 93, lines 8 through 9, strike ‘‘on which I co-authored with Senator HAGEL. In closing, I would like to note that That resolution, which was approved by a 95– the date of enactment of this section was’’ 0 vote, said that the Senate should not give I have concerns with the newly estab- and insert ‘‘is’’. its consent to any future binding inter- lished Office of Climate Change Tech- national climate change treaty which failed nology in Title X of the bill. I hope AMENDMENT NO. 3247 to include two important provisions. That these concerns can be further addressed (Purpose: To preserve oil and gas resource resolution simply stated that developing na- as we proceed on the bill. Additionally, data) tions, especially those largest emitters, must I have issues with the loan guarantee Add at the end of title VI the following: also be included in any treaty and that such provisions of Title XIII. I will speak a treaty must not result in serious harm to ‘‘SEC. 612. PRESERVATION OF OIL AND GAS RE- further on these in a separate state- SOURCE DATA. the U.S. economy. I still believe that these two provisions are vitally important compo- ment. ‘‘The Secretary of the Interior, through nents of any future climate change treaty, Mr. BINGAMAN. Mr. President, I fur- the United States Geological Survey, may but I do not believe that this resolution ther ask unanimous consent that the enter into appropriate arrangements with should be used as an excuse for the United foregoing amendments be agreed to en State agencies that conduct geological sur- States to abandon its shared responsibility bloc and the motions to reconsider be vey activities to collect, archive, and provide public access to data and study results re- to help find a solution to the global climate laid upon the table. change dilemma. garding oil and natural gas resources. The The PRESIDING OFFICER. Without Secretary may accept private contributions At the same time, we should not back objection, it is so ordered. away from efforts to bring other nations of property and services for purposes of this along. The U.S. will never be successful in The amendments Nos. 3231, as modi- section.’’. addressing climate change alone. This is a fied, and 3157, as modified, were agreed global problem that requires a global solu- to. AMENDMENT NO. 3248 tion. It is critical that nations such as The amendments (Nos. 3232, 3242, (Purpose: To facilitate resolution of conflicts China, India, Mexico, Brazil, and other devel- 3244, 3245, 3246, 3247, 3248, 3249, and 3250) between the development of Federal coal oping nations adopt a cleaner, more sustain- were agreed to, as follows: and the development of Federal and non- able development path that promotes eco- Federal coalbed methane in the Powder AMENDMENT NO. 3232 nomic growth while also reducing their pol- River Basin in Wyoming and Montana) (The amendment is printed in today’s lution and greenhouse gas emissions. Add at the end of title VI the following: In the Senate’s Fiscal Year 2001 Energy RECORD under ‘‘Text of Amendments.’’) ‘‘SEC 611. RESOLUTION OF FEDERAL RESOURCE and Water appropriations bill, I inserted lan- AMENDMENT NO. 3242 DEVELOPMENT CONFLICTS IN THE guage that created an interagency task force On page 177, line 20, insert after ‘‘informa- POWDER RIVER BASIN. to promote the deployment of U.S. clean en- tion’’ the following: ‘‘retrospectively to ‘‘The Secretary of the Interior shall under- ergy technologies abroad. Such an initiative 1998,’’ take a review of existing authorities to re- is complementary to the effort proposed in On page 177, line 25, strike ‘‘consumed’’ and solve conflicts between the development of S. 1008. The Clean Energy Technology Ex- insert ‘‘blended’’. Federal coal and the development of Federal ports Initiative is now underway and will On page 187, line 2, strike ‘‘commodities and non-Federal coalbed methane in the help foreign nations deploy a range of clean and’’. Powder River Basin in Wyoming and Mon- energy technologies that have been devel- On page 188, line 20, strike ‘‘distributors’’. tana. Not later than 90 days from enactment oped in our laboratories. These technologies On page 191, line 6, strike ‘‘refiners’’ and of this Act, the Secretary shall report to are hugely marketable. For example, if na- insert ‘‘refineries’’. Congress on her plan to resolve these con- tions like China continue to depend on coal On page 191, line 17, strike ‘‘distributes’’. flicts.’’ and other fossil fuels to grow their econo- On page 198, strike line 24 and all that fol- mies into the future, it is incumbent upon lows through page 199, line 21. AMENDMENT NO. 3249 the U.S. to accelerate the development, dem- On page 204, line 3, strike ‘‘importer, or onstration, and deployment of clean coal and distributor’’ and insert ‘‘or importer’’. (Purpose: To facilitate timely action on oil other clean energy technologies that will be On page 205, line 5, strike ‘‘(2) EFFECTIVE and gas leases and applications for permits critical to meeting all nations’ energy needs DATE.—This section’’ and insert the fol- to drill and inspection and enforcement of while also providing for a cleaner environ- lowing: oil and gas activities) ment. ‘‘(2) EXCEPTIONS.—This subsection shall On page 126, strike line 2 and all that fol- I believe that S. 1008 maps a responsible not apply to ethers. lows through line 14 and insert the following: and realistic course. That road may be ‘‘(3) EFFECTIVE DATE.—This subsection’’. ‘‘the States; and

VerDate 11-MAY-2000 06:47 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.028 pfrm04 PsN: S23PT1 S3148 CONGRESSIONAL RECORD — SENATE April 23, 2002

‘‘(3) improve the collection, storage, and that in areas in which ethanol-blended gaso- AMENDMENT NO. 3170 TO AMENDMENT NO. 2917 retrieval of information related to such leas- line is reasonably available at a generally Mrs. FEINSTEIN. Mr. President, I ing activities. competitive price, the Federal agency pur- call up amendment No. 3170, and I ask ‘‘(b) IMPROVED ENFORCEMENT.—The Sec- chases ethanol-blended gasoline containing the clerk to report the amendment. retary shall improve inspection and enforce- at least 10 percent ethanol rather than non- The PRESIDING OFFICER. The ment of oil and gas activities, including en- ethanol-blended gasoline, for use in vehicles clerk will report the amendment. forcement of terms and conditions in permits used by the agency that use gasoline. The legislative clerk read as follows: to drill. ‘‘(b) BIODIESEL.— ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) DEFINITION OF BIODIESEL.—In this sub- The Senator from California [Mrs. FEIN- For each of the fiscal years 2003 through 2006, section, the term ‘biodiesel’ has the meaning STEIN] proposes an amendment numbered in addition to amounts otherwise authorized given the term in section 312(f). 3170. to be appropriated for the purpose of car- ‘‘(2) REQUIREMENT.—The head of each Fed- Mrs. FEINSTEIN. Mr. President, I rying out section 17 of the Mineral Leasing eral agency shall ensure that the Federal ask unanimous consent reading of the Act (30 U.S.C. 226), there are authorized to be agency purchases, for use in fueling fleet ve- amendment be dispensed with. appropriated to the Secretary of the Inte- hicles that use diesel fuel used by the Fed- The PRESIDING OFFICER. Without rior. eral agency at the location at which fleet ve- objection, it is so ordered. ‘‘(1) $40,000,000 for the purpose of carrying hicles of the Federal agency are centrally The amendment is as follows: out paragraphs (1) through (3) of subsection fueled, in areas in which the biodiesel-blend- (Purpose: To reduce the period of time in (a); and ed diesel fuel described in paragraphs (A) and which the Administrator may act on a pe- ‘‘(2) $20,000,000 for the purpose of carrying (B) is available at a generally competitive tition by 1 or more States to waive the re- out subsection (b).’’. price— ‘‘(A) as of the date that is 5 years after the newable fuel content requirement) Beginning on page 195, strike line 19 and AMENDMENT NO. 3250 date of enactment of this paragraph, bio- diesel-blended diesel fuel that contains at all that follows through page 196, line 4, and (Purpose: To clarify the application of least 2 percent biodiesel, rather than insert the following: section 927 to certain air conditioners) nonbiodiesel-blended diesel fuel; and ‘‘(B) PETITION FOR WAIVERS.— On page 294, after line 18, insert the fol- ‘‘(B) as of the date that is 10 years after the ‘‘(i) IN GENERAL.—The Administrator, in lowing and renumber the subsequent para- date of enactment of this paragraph, bio- consultation with the Secretary of Agri- graph: diesel-blended diesel fuel that contains at culture and the Secretary of Energy, shall ‘‘(6) Air conditioners and heat pumps least 20 percent biodiesel rather than approve or disapprove a State petition for a that— nonbiodiesel-blended diesel fuel. waiver of the requirement of paragraph (2) ‘‘(A) are small duct, ‘‘(3) the provisions of this subsection shall within 90 days after the date on which the ‘‘(B) are high velocity, and not be considered at requirement of Federal petition is received by the Administrator. ‘‘(C) have external static pressure several law for the purposes of section 312. ‘‘(ii) FAILURE TO ACT.—If the Administrator times that of conventional air conditioners ‘‘(c) EXEMPTION.—This section does not fails to approve or disapprove a petition or heat pumps— apply to fuel used in vehicles excluded from within the period specified in clause (i), the petition shall be deemed to be approved. shall not be subject to paragraphs (1) the definition of ‘‘fleet’’ by subparagraphs through (4), but shall be subject to standards (A) through (H) of section 301 (9).’’. Mrs. FEINSTEIN. Mr. President, this prescribed by the Secretary in accordance The amendment (No. 3008), as amend- amendment would say that in an emer- with subsections (o) and (p). The Secretary ed, was agreed to. gency, instead of having to wait 240 shall prescribe such standards by January 1, The PRESIDING OFFICER. The Sen- days for the EPA to respond, either to 2004.’’. ator from Nevada. serious harm to the economy or an in- VITIATION OF ADOPTION OF AMENDMENT NO. 3061 Mr. REID. Mr. President, the Senator adequate domestic supply or distribu- Mr. BINGAMAN. Mr. President, I ask from New Mexico mentioned that all tion capacity to meet the requirements unanimous consent that the Senate vi- these amendments have been cleared of the mandate, the EPA would have 90 tiate the adoption of amendment No. on the other side. days to consider that. 3061, adopted on March 21, and that the AMENDMENT NO. 3115, WITHDRAWN I ask unanimous consent this amend- text of amendment No. 2917 stricken by Mrs. FEINSTEIN. Mr. President, I ment be set aside. The PRESIDING OFFICER. Without amendment No. 3061 be reinstated. withdraw amendment No. 3115. The PRESIDING OFFICER. Is there The PRESIDING OFFICER. Without objection, it is so ordered. Mrs. FEINSTEIN. I thank the Chair objection? objection, it is so ordered. and yield the floor. Without objection, it is so ordered. AMENDMENT NO. 3225 TO AMENDMENT NO. 2917 The PRESIDING OFFICER. The Sen- AMENDMENT NO. 3008, AS AMENDED, AND AMEND- (Purpose: To modify the provision relating ator from Illinois. MENT NO. 3145, AS MODIFIED, TO AMENDMENT to the renewable content of motor vehicle AMENDMENT NO. 3124 TO AMENDMENT NO. 2917 NO. 3008 fuel to eliminate the required volume of Mr. FITZGERALD. Mr. President, I Mr. BINGAMAN. Mr. President, I ask renewable fuel for calendar year 2004) ask unanimous consent to set aside the unanimous consent that notwith- Mrs. FEINSTEIN. Mr. President, I pending amendment to call up amend- standing rule XXII, the Senate now call up, for the purposes of setting them aside, two amendments. The first ment No. 3124, which is at the desk. consider amendment No. 3008; that The PRESIDING OFFICER. Without one is amendment No. 3225, and I ask amendment No. 3145 to amendment No. objection, the pending amendment is the clerk to report the amendment. 3008 be modified by the changes at the set aside, and the clerk will report the desk; that amendment No. 3145, as The PRESIDING OFFICER. Without objection, the pending amendment is amendment. modified, be agreed to; that amend- The legislative clerk read as follows: ment No. 3008, as amended, be agreed set aside. The clerk will report the amendment. The Senator from Illinois [Mr. FITZ- to, and that the motions to reconsider GERALD], for himself, Mr. CORZINE, Mr. JEF- The assistant legislative clerk read be laid upon the table. FORDS, and Mr. CHAFEE, proposes an amend- The PRESIDING OFFICER. Is there as follows: ment numbered 3124. objection? The Senator from California [Mrs. FEIN- Mr. FITZGERALD. Mr. President, I Without objection, it is so ordered. STEIN] proposes an amendment numbered ask unanimous consent reading of the 3225. The amendment (No. 3145), as modi- amendment be dispensed with. fied, was agreed to, as follows: (The text of the amendment is print- The PRESIDING OFFICER. Without In lieu of the matter proposed to be added, ed in today’s RECORD under ‘‘Text of objection, it is so ordered. insert the following: Amendments.’’) The amendment is as follows: SEC. 8 . FEDERAL AGENCY ETHANOL-BLENDED Mrs. FEINSTEIN. Mr. President, all (Purpose: To modify the definitions of bio- GASOLINE AND BIODIESEL PUR- this amendment would do is provide 1 mass and renewable energy to exclude mu- CHASING REQUIREMENT. additional year to prepare for the man- nicipal solid waste) Title III of the Energy Policy Act of 1992 is date. That would change one date, On page 81, between lines 2 and 3, insert amended by striking section 306 (42 U.S.C. changing this mandate from 2004 to the following: 13215) and inserting the following: 2005. And I ask unanimous consent the SEC. 2 . DEFINITIONS OF BIOMASS AND RENEW- ‘‘SEC. 306. FEDERAL AGENCY ETHANOL-BLENDED amendment be set aside. ABLE ENERGY FOR THE PURPOSES GASOLINE AND BIODIESEL PUR- OF THE FEDERAL PURCHASE RE- CHASING REQUIREMENT. The PRESIDING OFFICER. Without QUIREMENT AND THE FEDERAL RE- ‘‘(a) ETHANOL-BLENDED GASOLINE.—the objection, it is so ordered. The amend- NEWABLE PORTFOLIO STANDARD. head of each Federal agency shall ensure ment is set aside. (a) FEDERAL PURCHASE REQUIREMENT.—

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.036 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3149 (1) BIOMASS.—In section 263, the term ‘‘bio- renewable energy source. I doubt that 100 percent of these emissions. And mass’’ does not include municipal solid those in communities with waste incin- even when most of the emissions are waste. erators would consider those inciner- contained, the resulting ash left over (2) RENEWABLE ENERGY.—Notwithstanding ators as environmentally innocuous as from the incineration process must be anything to the contrary in subsection (a)(2) solar and wind energy. of section 263, for purposes of that section, disposed of as a hazardous waste. If the term ‘‘renewable energy’’ does not in- During my years in the Illinois Gen- this hazardous waste is not disposed of clude municipal solid waste. eral Assembly, in the Illinois State properly, the ash can also cause consid- (b) FEDERAL RENEWABLE PORTFOLIO STAND- Senate, I was confronted by a similar erable health problems. When fly ash is ARD.— scheme to promote incentives for waste released into the air, people breathe in (1) BIOMASS.—Notwithstanding anything to incinerators. In 1987, prior to my ar- the small particles which can then sit the contrary in subsection (l)(1) of section rival in the General Assembly, that in their lungs and lead to a number of 606 of the Public Utility Regulatory Policies body approved a tax incentive that en- the ailments I have already mentioned. Act of 1978 (as added by section 265), for the couraged the construction of waste in- My amendment clarifies that the def- purposes of that section, the term ‘‘biomass’’ cinerators to generate electricity. inition of biomass in the energy bill does not include municipal solid waste. This subsidy to the waste inciner- should not be construed to provide any (2) REWEWABLE ENERGY RESOURCE.—Not- ation industry, which amounted to withstanding anything to the contrary in special incentives to businesses that subsection (l)(10) of section 606 of the Public nearly $360 million over 20 years, ac- incinerate municipal solid waste. Utility Regulatory Policies Act of 1978 (as cording to some estimates, led to a pro- Eliminating these types of waste from added by section 265), for the purposes of liferation of planned incinerators in the definition of biomass is consistent that section, the term ‘‘renewable energy re- mostly poor communities surrounding with the definition of biomass provided source’’ does not include municipal solid the city of Chicago. In response to sig- in the tax portion of the energy bill. waste. nificant public health and environ- The tax portion of the energy bill spe- Mr. FITZGERALD. Mr. President, I mental concerns raised by these and cifically excludes municipal solid rise today to offer an amendment that surrounding communities, I joined sev- waste in its biomass definition. If we excludes the incineration of municipal eral colleagues in repealing this sub- choose to include municipal solid solid waste from the definitions of re- sidy and preventing the actual con- waste incinerators in the definition of newable energy and biomass in the en- struction of many of these incinerators biomass, we will be advocating for the ergy bill’s Federal purchase require- in my home State. I would hope that economic interest of waste incinerator ment and renewable portfolio standard. my colleagues could benefit from the operators at the expense of the health This amendment, which is cosponsored experience that Illinois gained from of the American people. by Senators CORZINE, JEFFORDS, and providing special incentives to waste The amendment I am offering seeks CHAFEE, closes a loophole in the bill incinerators. to preserve the health of our citizens that would encourage the use of munic- As many of you already know, mu- and to keep our environment clean. Ex- ipal solid waste incinerators that emit nicipal solid waste consists of residen- cluding municipal solid waste from the harmful pollutants into our air. In- tial and commercial refuge or garbage definition of biomass and renewable en- creased incineration will result in and is the largest source of waste in in- ergy is the environmentally respon- greater pollution which, in turn, will dustrialized countries. Municipal solid sible thing to do. It would seem incom- lead to greater health problems for all waste is often burned as an alternative prehensible to me to grant municipal Americans. to placing the waste in landfills. Mu- solid waste incinerators a special in- The goal of the renewable portfolio nicipal solid waste incinerators burn centive to increase the burning of mu- standard and the Federal purchase re- this waste and, in the process, can gen- nicipal solid waste that would spoil the quirement in the energy bill is to pro- erate electricity. This process only pro- environment and put the public’s mote a cleaner environment and diver- duces a minimal amount of electricity, health in jeopardy. sify our Nation’s energy sources. My while the environmental costs are im- This is a commonsense amendment amendment to the Daschle substitute mense. The incineration of municipal that separates municipal solid waste helps to achieve that goal by elimi- solid waste releases numerous pollut- incinerators from the other clean and nating the incentive for environ- ants into the air, including acid gases, renewable energy sources already in- mentally hazardous municipal solid toxic heavy metals, dioxins, particu- cluded in the Daschle substitute waste incinerators. Whatever your late matter, nitric oxide, hydrogen amendment. It is consistent with the chloride, and furans, to name but a thoughts are on the ultimate merits of tax provisions and the energy bill’s few. The EPA has found that municipal incineration as a tool of waste manage- overarching goal of providing clean en- solid waste incinerators are the No. 1 ment, its inclusion in the energy bill as ergy and a safe environment for future source of dioxin emissions nationwide a clean and renewable energy source is generations. and are responsible for nearly 20 per- I hope you will join me in voting for hard to defend. cent of the Nation’s mercury emis- this amendment to protect our envi- This amendment does not preclude sions. ronment and the health of the Amer- communities that elect to generate The release of pollutants from mu- ican people. electricity from incinerating their nicipal solid waste incinerators can I yield the floor. waste from doing so, but, rather, pre- lead to a myriad of serious public The PRESIDING OFFICER (Mr. MIL- vents them from receiving special health problems. The hazardous mate- LER). The Senator from Alaska. treatment under Federal law. As many rials emitted by municipal solid waste Mr. MURKOWSKI. Mr. President, the of you know, the renewable portfolio incinerators are deposited in fields, amendment proposes to eliminate mu- standard requires that utilities either streams, woodlands, and other places. nicipal solid waste as a qualifying gen- produce a percentage of their power Municipal solid waste pollutants are erator type for the purpose of the re- from renewable energy sources or that linked to cancer, respiratory ailments, newable portfolio standard. I rise to op- they purchase credits from another and reproductive problems. pose the amendment. party for any shortfall. Some contend that incineration can Specifically, I am opposed to the re- Similarly, the Federal purchase re- be made clean by removing harmful newable portfolio standard as a matter quirement in the bill, which I cham- materials from the waste prior to its of policy because I think the cost to pioned during my tenure on the Energy incineration or by limiting emissions consumers is exorbitant, some $88 bil- and Natural Resources Committee, re- by using filters and other pollution- lion over the next 20 years. I also am quires that a percentage of the power control equipment. But regardless of opposed to the pending amendment be- consumed by the Federal Government these or other steps taken by munic- cause consumers are going to pay even come from renewable energy sources. ipal solid waste incinerator operators, more than that. By reducing the types Under the existing language now in the such as scrubbing technologies, to of qualifying generators, that will in- Daschle substitute, as amended by Sen- limit the pollution, incinerators are crease the cost of renewable credits ators BINGAMAN and THOMAS, the incin- still not a clean source of energy. which will be passed on to consumers eration of waste would be considered Pollution control efforts are largely through, obviously, the only alter- alongside wind and solar as a clean and ineffective because they fail to contain native, which is higher electric rates.

VerDate 11-MAY-2000 06:47 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.025 pfrm04 PsN: S23PT1 S3150 CONGRESSIONAL RECORD — SENATE April 23, 2002 I encourage consideration of opposing about the introduction of fuel cell pas- would clarify the definition to be sure the amendment. senger vehicles and of a hydrogen re- that such equipment is covered. The PRESIDING OFFICER. The Sen- fueling infrastructure. Thus my Finally, on the tax provisions, I hope ator from New Mexico. amendment would create a federal fuel to extend the tax credit and the exemp- Mr. BINGAMAN. Mr. President, I cell vehicle pilot program. In this pro- tion from the excise tax for biodiesel. suggest the absence of a quorum. gram the Department of Energy would Biodiesel is a renewable product made The PRESIDING OFFICER. The work with other federal agencies to from soy beans that can be mixed with clerk will call the roll. identify several Federal fleets that diesel roughly like ethanol is mixed The legislative clerk proceeded to would be suitable for demonstrating with gasoline. Its use would cut our use call the roll. fuel cell vehicles under a variety of of diesel and thus our consumption of Ms. CANTWELL. Mr. President, I ask real-world conditions. DOE would help petroleum, and also cut associated unanimous consent that the order for install the necessary fueling infra- emissions. The tax provisions include a the quorum call be rescinded. structure at those sites; this infra- three-year tax credit for biodiesel. The PRESIDING OFFICER. Without structure could also be used for a sta- While this credit could be very helpful objection, it is so ordered. tionary fuel cell at the same location to establishing a strong biodiesel in- Ms. CANTWELL. Mr. President, I ask and be made available to other fuel cell dustry, three years is not enough to en- unanimous consent that the pending vehicles. DOE would purchase several sure return on investment in a new bio- amendment be set aside. hundred fuel cell vehicles, and DOE and diesel plant. Both the investors and the The PRESIDING OFFICER. Without the companies that make the vehicles creditors need a longer planning hori- objection, it is so ordered. would assist the federal fleets to oper- zon to be confident of a stable market AMENDMENT NO. 3234 TO AMENDMENT NO. 2917 ate and maintain these vehicles in nor- for the biodiesel. Thus I hope we will be Ms. CANTWELL. Mr. President, I mal service. Data would be collected able to extend this important new in- send to the desk amendment No. 3234. both to improve the next generation of centive in order to maximize its effec- The PRESIDING OFFICER. The vehicles and to assist fleet operators in tiveness. clerk will report. incorporating fuel cell cars, and there With these provisions, and many oth- The legislative clerk read as follows: would be regular reporting to Congress. ers in the bill and the tax package, I The Senator from Washington [Ms. CANT- The amendment also requires at least a look forward to a bright, clean, domes- WELL], for herself, Mr. DAYTON, Mr. 50 percent cost share from non-federal tic, renewable energy future. WELLSTONE, Mr. FEINGOLD, Mrs. BOXER, Mr. sources, as in most DOE demonstration f WYDEN, Mrs. MURRAY, Ms. STABENOW, and programs. The total authorization for Mr. JEFFORDS, proposes an amendment num- the program over six years would be LOW-INCOME HOME ENERGY bered 3234 to Amendment No. 2917. $350 million. ASSISTANCE PROGRAM Ms. CANTWELL. Mr. President, I ask This amendment includes a second Mr. REED. Mr. President, my col- unanimous consent that further read- provision for a study of the potential of league, Senator COLLINS, and I would ing of the amendment be dispensed stationary fuel cells in federal build- like to engage in a colloquy regarding with. ings. Even before fuel cell vehicles are the Low-Income Home Energy Assist- The PRESIDING OFFICER. Without commercially available, fuel cells have ance Program, or LIHEAP. objection, it is so ordered. a great potential for providing distrib- The Northeast-Midwest Senate Coali- (The amendment is printed in today’s uted, highly reliable power for build- tion, which I chair with Senator COL- RECORD under ‘‘Text of Amendments.’’) ings, as well as heat. This study would LINS, is a bipartisan coalition of Sen- Ms. CANTWELL. Mr. President, I look at what should be done to incor- ators from the Northeast, Midwest and suggest the absence of a quorum. porate fuel cells into new federal build- Mid-Atlantic dedicated to improving The PRESIDING OFFICER. The ings, so that planning for the buildings the environmental quality and eco- clerk will call the roll. from the first stages can optimize the nomic vitality of the region. The Low- The legislative clerk proceeded to use of fuel cells and so that appropriate Income Home Energy Assistance Pro- call the roll. incentives can be put in place to en- gram is a vital program to our region. Mr. REID. Mr. President, I ask unan- courage Federal purchase of stationary LIHEAP provides home energy assist- imous consent that the order for the fuel cells. Again the Federal Govern- ance to some of our Nation’s most vul- quorum call be rescinded. ment can become a lead consumer to nerable citizens, including families The PRESIDING OFFICER. Without foster commercialization of fuel cells with children, the elderly, and disabled objection, it is so ordered. and to demonstrate their benefits. individuals. Mr. HARKIN. I would like to say a We also need to build a hydrogen People in our region know that cold word about an amendment to the en- fueling infrastructure. I am working weather kills. Mr. President, the facts ergy bill that I filed today and about a with the Finance Committee to make speak for themselves. According to the couple tax provisions on which I have two important changes to the excellent Centers for Disease Control, between been working. As my colleagues know alternative fuel provisions that are in 1979 and 1998, hypothermia claimed the well, I have long sought to promote hy- their package, in order to make the lives of over 13,000 Americans, twice as drogen and fuel cells as clean, efficient provisions effective for hydrogen fuel. many Americans than died due to ex- energy technologies that also will en- The first would extend the credit for cessive heat. Residential energy costs able an economy based on domestic re- installation of hydrogen fueling prop- in the Northeast and Midwest are more newable energy sources. There are a erty through 2011. This would simply expensive which means that families in number of provisions in the energy bill match the credit for the fuel cell vehi- the region spend a greater amount of that help move us in this direction. I cles themselves, and recognizes that it their incomes on home heating. It also am pleased that the bill includes the will be several years before commercial requires more energy to heat a home Hydrogen Future Act I introduced in fuel cell vehicles are readily available than to cool one. LIHEAP households the Senate to reauthorize DOE hydro- and there is significant demand for hy- in our region spend over twice as much gen energy programs. The energy tax drogen fuel. The second change would to heat their homes in the winter than provisions intended for the bill include alter the definition of refueling prop- it costs to cool a home in the south in strong tax credits for both stationary erty so that not only storage and dis- the summer. According to the Depart- fuel cells and fuel cell vehicles, as well pensing of hydrogen but also produc- ment of Health and Human Services, as for hydrogen and hydrogen fueling tion of hydrogen from natural gas and during the peak winter heating season, appliances. other alternative fuels would be in- energy bills can frequently reach up to However, I believe more Federal ac- cluded. This is necessary because un- 30 percent of a low-income family’s in- tion is needed to accelerate the com- like natural gas, for example, today come, especially if they live in sub- mercialization of fuel cell technologies you can’t just pipe in the hydrogen to standard housing. and bring their benefits to our country. a fueling station. You need to make This winter, the average temperature In particular, the Federal Government the hydrogen on-site, most likely be re- in Rhode Island was in the low-30s. needs to take bolder action to bring forming natural gas. This amendment Without heat, these temperatures are

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.105 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3151 life-threatening. In my State, sweaters comments. LIHEAP is a vital heating that no State would receive less than it and blankets are not enough to keep assistance program for low-income did when the program was enacted. you warm. If heating assistance is not families with children, senior citizens Low-income households will take available, low-income families, senior and disabled individuals. My colleagues drastic, and unsafe, measures to try to citizens and disable individuals living in the Northeast-Midwest Senate Coali- stay warm in winter when they are in on fixed incomes make drastic choices, tion work tirelessly every year to in- jeopardy of losing heat. When home en- they go without food, prescription crease funding for this program and to ergy bills are unaffordable in winter, drugs and other basic necessities in ensure that these resources get to low-income households rely on alter- order to maintain heat in their homes. those most in need. native heating sources such as ovens or On average, it cost $1,200 to heat a There is a terrible reality some low- space heaters. The National Fire Pro- home in Rhode Island last year. Low- income households must face each win- tection Association reports that house income families cannot afford these ter, to heat or to eat. Imagine a hard fires show a sharp increase in the cold- costs. LIHEAP provides vital assist- working low-income family that can- weather months. Half of the home ance to keep the heat on for these not cover the costs of basic necessities heating fires and three-fourths of the households. in the winter having to ask: Do I heat home heating fires deaths occurred in In February, my home State of my home or provide enough food for the months of December, January, and Rhode Island ran out of LIHEAP fund- my children? Or, imagine being an el- February. Not being able to afford util- ing and had to close its program. I re- derly couple and living on a fixed in- ities place low-income households at ceived phone calls from a number of come who has to decide: Do we pay the increased risk to house fires and illness senior citizens who were unable to heat heating bill or do we buy medicine? In or death. their homes because they ran out of Maine, a majority of our low-income We need to increase funding for this heating oil. To help low-income fami- families use heating oil to stay warm. vital program. Thirty-seven of my col- lies address the runaway costs of home When there is no oil, there is no heat. leagues joined Senator REED and I in energy bills, we need greater funding LIHEAP is the program that keeps the seeking increased appropriations for for this program. This year, Senator heat on for these families. this program for fiscal year 2003. I look COLLINS and I lead a bi-partisan letter My State of Maine had to lower this forward to working with Chairman supported by 37 Senators that re- year’s benefit by $100 in order to serve quested $3 billion for the LIHEAP pro- KENNEDY and Ranking Member GREGG the 48,000 households that needed as- on the HELP Committee on reauthor- gram in fiscal 2003. I will ask unani- sistance. Over 60 percent of the recipi- mous consent to print a copy of the let- ization of this important program. ent in my State are elderly living on a Mr. REED. Mr. President, I ask unan- ter in the RECORD, and I want to thank fixed income of only $10,000 a year. imous consent the letter to which I re- Senators HARKIN and SPECTER for their This year, 4,500 additional households strong and consistent support of this ferred be printed in the RECORD. applied for assistance. Many of these There being no objection, the letter program. families needed help because they are Senators HARKIN and SPECTER in- was ordered to printed in the RECORD, unemployed and have exhausted unem- creased LIHEAP funding by $300 mil- as follows: ployment benefits. While energy prices lion in fiscal year 2002. Unfortunately U.S. SENATE, are lower this year, they are high for Washington, DC, April 2, 2002. this was not enough to help States ad- low-income Mainers. The average Hon. TOM HARKIN, Chairman dress the unmet need. During the win- LIHEAP benefit of $338 per household Hon. ARLEN SPECTER, Ranking Member ter of 2000/2001, the Nation experienced Subcommittee on Labor, Health and Human extraordinarily and unprecedented lev- pays for only a little more then one tank of fuel for these families. In Services, and Education Appropriations, els in energy costs along with colder Senate Committee on Appropriations, Wash- winter temperatures. Many low-income Maine, the average annual cost to heat ington, DC. families and senior citizens are still a home with oil is $1,200. DEAR CHAIRMAN HARKIN AND RANKING MEM- The LIHEAP program was enacted to trying to pay off from the energy debt BER SPECTER: We are writing to express our respond to the higher fuel prices and they incurred last winter. While energy strong support for the Low Income Home En- severe winters in cold weather States. ergy Assistance Program (LIHEAP). We ap- prices are lower this year, they are not Its primary focus is to alleviate winter preciate your consistent support for this low by historic standards and the critical program to help low-income families prices for natural gas and home heat- heating crises. Heating homes is expen- sive. According to the National Fuel and senior citizens address high energy bur- ing oil remain at significant costs for dens. We recognize the difficult choices that Funds Network, at the end of the 2000/ many Americans. The recession is also you face this fiscal year, however, we believe an increasing need for assistance. 2001 winter heating season, at least 4.3 that the strong and continued growth in There is something that President million low-income households were at households requesting LIHEAP assistance Bush can do immediately to help low- risk of having their utility service cut- demonstrates that the funding needed for income households meet their energy off because of an inability to pay their this program has never been greater. We re- winter home energy bills. In the North- spectfully request that you consider appro- needs. Congress appropriated $300 mil- priating $3 billion in regular LIHEAP funds lion in the FY2001 Supplemental Ap- east and Midwest, the cost to heat a home is more expensive than to cool a for FY2003 and provide advanced appropria- propriations bill for emergency tions for FY2004. LIHEAP assistance. For incomprehen- home in the south, and families have to LIHEAP is a vital safety net for our na- sible reasons, the President has chosen spend a greater amount of their in- tion’s low-income households. For many low- not to release the emergency LIHEAP comes on home heating. LIHEAP income families, disabled individuals and funding. And, the President’s budget households in the Northeast and Mid- senior citizens living on fixed incomes, home inexplicably requests $300 million less west spend over $1,200 on residential energy costs are unaffordable. Without for this program in 2003. Leadership energy. This is 14 percent of their LIHEAP assistance, low-income families and senior citizens face the impossible choice be- and action are urgently needed to help household income in the Northeast and 18 percent in the Midwest. LIHEAP tween paying their home energy bills or af- low-income working families and sen- fording other basic necessities such as pre- ior citizens, and I hope the President households spend over twice as much scription drugs, housing and food. In FY2001, will take action to release the emer- to heat their homes in the winter than states received $2.25 billion in regular and gency funds. it costs to cool a home in the south. contingency LIHEAP funding. Despite this Next year, the Health, Education and The current allocation formula ac- historic level of funding, it is estimated that Labor and Pensions Committee will knowledges the important public states were only able to serve 17 percent of begin reauthorizing the LIHEAP pro- health role this program serves in cold the 29 million eligible households. Currently, gram. I want to thank Senator KEN- weather States. Since its enactment, states only have $1.7 billion available in LIHEAP funds for FY2002. Sixteen states es- NEDY for his support of this program. I Congress reaffirmed the commitment of this goal. The program has been re- timate that they will be out of funding by look forward to working with him and the end of March. my colleagues to improve the LIHEAP authorized a number of times and Con- We also request advanced appropriations program and increase funding. gress maintained its commitment to for the program for FY2004. Advance funding Ms. COLLINS. Mr. President, I would low-income families faced with high allows states to plan more efficiently, and like to thank Senator REED for his heating bills. It did this by ensuring therefore, more economically. State LIHEAP

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.051 pfrm04 PsN: S23PT1 S3152 CONGRESSIONAL RECORD — SENATE April 23, 2002 directors begin planning in spring and early burden of the subsidy. Since it is good Mr. INHOFE. I commend the Sen- summer for the upcoming year. Without ad- general policy, I believe that the gen- ators from Montana and Iowa for their vanced funding, state directors are unable to eral fund should bear the burden of the vigorous support of the highway trust plan program outreach or leverage resources subsidy. fund. Because of their efforts, the as effectively. Advanced funding will also en- I have been asked by several Sen- sure that states have the necessary funding measure pending before us, the trust to open their programs at the beginning of ators not to offer an amendment at fund, will recoup an additional 2.5 the fiscal year in order to provide timely as- this time. I have complied with the re- cents per gallon of ethanol currently sistance to low-income families who cannot quests of my colleagues. However, I am being deposited into general revenue. afford to wait. fully committed to recouping the 5.3 The Senator from Montana has also We look forward to working with you to cents for the highway trust fund at the been very aggressive at trying to make secure the necessary LIHEAP funding to next possible opportunity. the trust fund whole with respect to meet the needs of millions of low-income I would like to thank Senators WAR- the current 5.3-cent per gallon ethanol families. Thank you for your consideration NER and HARKIN for working so closely of our request. subsidy. Although he and I do not agree with me on this matter. I look forward on how to best address this issue, we Sincerely, to continuing that work as soon as pos- Jack Reed, Susan M. Collins, Olympia are in agreement that the highway Snowe, Carl Levin, Joseph Biden, Paul sible. trust fund should not pay to subsidize I am pleased to see progress being D. Wellstone, Debbie Stabenow, Joseph any fuel source. Our surface transpor- made to include the highway trust fund Lieberman, Paul Sarbanes, Charles tation infrastructure needs are such in our collective thoughts as we discuss Schumer, George V. Voinovich, Dick that we cannot afford to forego any Lugar, James M. Jeffords, Bob Smith, energy policy. Mr. HARKIN. Mr. President, I con- revenue source. Mark Dayton, Hillary Rodham Clinton, Certainly one of the key factors in John F. Kerry, Lincoln Chafee, Patrick gratulate the chairman of the Finance the economic engine that drives our Leahy, Herb Kohl, Barbara A. Mikul- Committee, Senator BAUCUS, for his economy is a safe, efficient transpor- ski, Edward Kennedy, Max Baucus, strong leadership in working to secure tation system. If our economic recov- Kent Conrad, Jay Rockefeller, Dick the integrity of the highway trust fund Durbin, Robert Torricelli, Conrad and promote the use of ethanol and ery is going to continue to expand we Burns, Christopher Dodd, Mike cannot ignore the immediate and crit- DeWine, Patty Murray, Gordon Smith, other renewable fuels like biodiesel. I also commend the hard work of Sen- ical infrastructure needs of highways, Blanche Lincoln, Byron L. Dorgan, Jeff bridges, and State and local roadways ator WARNER to preserve the trust Bingaman, Ron Wyden, Jean Carnahan, systems. Maria Cantwell, Jon S. Corzine, fund. There is no question that a strong I believe this issue is best resolved ETHANOL AND THE HIGHWAY TRUST FUND through the reauthorization of the sur- Mr. BAUCUS. Mr. President, ensur- highway system is vitally important to the efficiency of our economy. Poor face transportation program next year. ing necessary and affordable energy Furthermore, it is my hope that the supplies, including ethanol-blended roads mean higher costs to move goods, raising prices to consumers and mak- final result will be one that can be em- motor fuels and other initiatives, is braced by all sides in this debate. important to the quality of life and ing us less competitive in a world mar- ketplace. It also means inconvenience Thus, I will be pulling together a economic prosperity of all Americans. working group of the highway commu- Policies to achieve these objectives, to our citizens. The use of fuels con- taining ethanol or soy is both ex- nity, the renewable fuels community, however, should not come at the ex- tremely important to the economy of the refiners and the agricultural com- pense of transportation infrastructure rural America and good for the envi- munity to begin discussions on how we improvements. ronment. The Federal Government can make the highway trust fund By directing 2.5 cents from the sale wisely promotes ethanol as a fuel whole. I ask unanimous consent that a of gasohol to the highway trust fund, through the Tax Code and in other letter from the Renewable Fuels Asso- we can begin to alleviate a growing ways. But, on the negative side, ciation be printed in the RECORD. problem for many States—lower high- against the logic of our country’s need, (See Exhibit 1.) way trust fund contributions and current law provides that increased use Again, I thank my colleagues from therefore lower highway apportion- of ethanol in fuel means a reduction in Montana and Iowa for their leadership ments. the highway trust fund and fewer dol- on this issue and look forward to work- Furthermore, a major goal of TEA–21 lars being spent to repair and improve ing with them to devise a permanent was to restore the integrity of the our roads and bridges. I would note solution to this drain on the highway highway trust fund by depositing all that mass transit currently is not ad- trust fund. motor fuel taxes in the trust fund and versely impacted under the law. Mr. JEFFORDS. I applaud Senator then spending that money on highway, I was very pleased to be an original BAUCUS for his efforts to enhance the and some transit, programs. Gasohol’s cosponsor of S. 1306, Highway Trust flow of revenues into the highway trust 2.5 cents is the only user tax on vehicle Fund Recovery Act, which provides for fund. In particular, his suggestion that fuel that does not flow into the high- the shifting of the excise taxes on alco- the time has come to redirect the 2.5 way trust fund . I am proud to have it hol fuels from the general fund to the cents in ethanol tax that is now going as part of the energy tax package. highway trust fund starting on October into the general fund back to the high- I would especially like to thank Sen- 1, 2003. I am very pleased that the way trust fund is both timely and con- ators HARKIN, WARNER, and the rank- measure has been included in the pack- structive. ing member of the Finance Committee, age of tax measures that the Finance As we reauthorize the surface trans- Senator GRASSLEY for their help in get- Committee proposed to be added to the portation program over the coming ting the 2.5 cent provision in the en- energy bill along with the very impor- months, I look forward to working ergy tax package. But the 2.5 cents is tant legislation on biodiesel. with Senator BAUCUS and others on the just the beginning. Enacting the Highway Trust Fund broader issue of the Nation’s shifting I had planned to introduce an amend- Recovery Act is the first step. The next fuel mix and the implications of that ment, along with Senators HARKIN and step is to provide that the highway trend on the highway trust fund. WARNER, that would truly make the trust fund be made truly whole for the Mr. SMITH of New Hampshire. As the highway trust fund ‘‘whole.’’ This 5.3 cents not collected for gasohol. We Senators know, the compromise fuels amendment would keep the ethanol have agreed to not offer a proposal to package in the Daschle energy bill, subsidy, but make sure that it is the accomplish that goal during the floor which includes my language to ban Treasury’s General Fund that sub- debate of this measure. However, it is MTBE and clean up the contamination sidizes ethanol—not the highway trust my intention to work with Senator caused by this gas additive, will also fund. BAUCUS, Senator WARNER and others to dramatically increase the use of eth- The ethanol subsidy is good energy try to accomplish the goal of passing anol. This compromise came after policy, good agriculture policy and legislation to fully reimburse the high- lengthy negotiations with several good tax policy. Yet, ironically, it is way trust fund from the general fund members of the Senate. We all worked the highway trust fund that bears the as soon as possible. in good faith to reach this agreement.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.152 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3153 However, the increase in ethanol use highway trust fund is the only means EXHIBIT 1 will, over time, have a negative impact to finance highway maintenance and RENEWABLE FUELS ASSOCIATION, on the highway trust fund due to the expansion activities, and without the Washington, DC, March 22, 2002. ethanol subsidy which exempts ethanol Highway Trust Fund Recovery Act our Hon. JAMES M. INHOFE, from a good portion of the gasoline tax States would receive less funding to Russell Senate Office Building, that pays into the trust fund. This is a Washington, DC. improve our roads. DEAR SENATORS INHOFE, BAUCUS, SMITH, concern that virtually all members of Depositing the 2.5 cents into the CONRAD, GRASSLEY, JEFFORDS, REID AND the Environment & Public Works Com- highway trust fund, however, is an im- DASCHLE: The Renewable Fuels Association mittee share, and it is problem that we portant first step, but only part of the (RFA) appreciates your leadership on includ- will have to address. I believe that re- ing a ‘‘Renewable Fuel Standard’’ in the En- solution. I have been working with authorization of TEA–21 is the proper ergy Policy Act of 2002 (S. 517). This program Senator BAUCUS and others to offer an place to fix the trust fund problems will provide significant energy, environ- amendment to provide for the full caused by the increased ethanol use. mental and economic benefits for the Nation. transfer of 5.3 cents to the highway At the same time, we recognize that an in- Between now and the time we intro- trust fund, but we have decided to re- crease in the production and use of renew- duce TEA–21 reauthorization, I would able fuels, including ethanol, will have an encourage all parties to work together, serve this issue for another time. I re- main fully committed to restoring the impact on Federal highway excise tax re- in a similar fashion to the way we ceipts. The RFA does not believe any state reached the fuels compromise, in order integrity of the highway trust fund by should be penalized by the use of renewable to reach a consensus on the ethanol tax recovering the entire 5.3 cent per gal- fuels. Sound transportation policy and sound subsidy. If we work together in good lon subsidy that gasohol currently re- energy policy should not be mutually exclu- faith, I have little doubt we will find a ceives. sive. Thus, as Congress works to reauthorize highway and transportation funding next solution that can be included in reau- The bill before the Senate also con- year, we wholeheartedly encourage Congress thorization. I look forward to working tains other provisions which will con- to work towards addressing the issues sur- my colleagues in that process. tribute to further reductions in reve- rounding the Highway Trust Fund and other Mr. DASCHLE. Our Nation’s vulner- nues to the highway trust fund. De- transportation trust funds as they relate to ability to foreign energy production pending on the final disposition of the ethanol. has been brought into bold relief by the renewable fuels provisions, revenues to Much has been made of ethanol’s impact continuing turmoil in the Middle East. the highway trust fund could signifi- on Highway Trust Fund receipts in FY 2003, It is imperative that our Nation take and at the appropriate time, prior to or dur- cantly decrease as the renewable fuels ing the reauthorization of the Transpor- greater strides to promote the use of mandate increases. I look forward to tation Equity Act for the 21st Century (TEA– domestic, renewable fuels as a means working with Chairman BAUCUS, Rank- 21), Public Law 105–178, we look forward to of reducing our dangerous dependence ing Member GRASSLEY, and the leader- working with the United States Senate, the on imported oil and strengthening U.S. ship of both parties to fully restore House of Representatives and the Adminis- energy security. revenues to the highway trust fund so tration, to create the appropriate program to An aggressive program to produce address the needs of these programs. that our national network of highways Additionally, we support transferring the and use more renewable fuel should be remains a premiere system. one of the pillars of our Nation’s en- 2.5 cents currently directed to the General Mr. REID. I share my colleagues’ Fund for deficit reduction, back to the High- ergy policy. And, as America uses more way Trust Fund as is included in the ‘‘En- renewable fuel, we need to make sure concern about the losses to the high- way trust fund that result from sale of ergy Tax Incentives Act of 2002’’ (S. 1979), that the financial soundness of the which has been approved by the Senate Fi- highway trust fund is not inadvert- ethanol-blended fuels. These losses to nance Committee earlier this year. ently undermined. That is why I the highway trust fund have two Transportation funding issues are not sim- strongly support Chairman BAUCUS’ ef- causes. First, 2.5 cents of the existing ple, and we look forward to working with forts to ensure that future use of eth- tax on ethanol goes into the General you on this important issue on a unified Fund rather than the highway trust front to address the many needs of the trans- anol will have no impact on the trust portation, petroleum, and renewable fuels in- fund. Senator BAUCUS has introduced a fund. I applaud his efforts in this re- dustries. gard and pledge to do whatever I can to bill to address this problem and I am a Sincerely, see that we hold the highway trust cosponsor of that legislation. BOB DINNEEN, fund harmless as we seek to make Second, the trust fund loses revenue President. America more energy independent. because the tax on ethanol-blended Mr. GRASSLEY. Mr. President, I ap- Mr. WARNER. Mr. President, I rise gasoline is lower than taxes on other preciate the efforts by Chairman BAU- to support the efforts of Chairman fuels. With the mandate contained in CUS for correcting an oversight by Con- BAUCUS and Ranking Member GRASS- this bill, this subsidy will have an in- gress when it failed to shift from the LEY to ensure that the tax package creasingly negative impact on revenues general fund to the highway trust fund, from the Finance Committee begins to into the highway trust fund. 2.5 cents per gallon collected from sales reform our tax policies to provide equi- Next year we will reauthorize the of gasohol. Similar adjustments for table treatment for the highway trust Transportation Equity Act for the 21st other fuels were made by a previous fund, the only source of Federal reve- Century. This Nation has tremendous Congress, but not for gasohol. nues to improve our Nation’s transpor- I also want to thank the chairman transportation infrastructure needs tation infrastructure. for refraining from offering an amend- that must be addressed if we are to The Finance Committee’s package ment at this time that would require keep our roads safe and our economy ensures that revenue from the 2.5-cent the general fund to contribute 5.3 cents moving. As we begin work on this im- excise tax on the sale of gasohol will be to the highway trust fund for every portant legislation, I hope that we can transferred to the highway trust fund. gallon of gasohol sold. It has been my privilege to work address the significant losses to the It is wise to wait until next Congress trust fund that result from current eth- closely with Senator BAUCUS as a sen- when we can look at the big picture. ior member of the Committee on Envi- anol policy. I look forward to working Next year, we need to analyze all rev- ronment and Public Works during the with my colleagues on this and other enue sources for the highway trust development of the Transportation Eq- issues related to the reauthorization of fund to determine if adjustments are uity Act for the 21st Century, TEA–21. TEA–21. appropriate. He has always been a steadfast partner Mr. BAUCUS. Once again, I would We also need to determine if adjust- on surface transportation issues, and like to state my intention of dealing ments are appropriate in the way we once again, he is providing the nec- with the ‘‘5.3-cent problem’’ as soon as spend the Highway Trust Funds that essary leadership to protect the sol- possible. I look forward to working are collected. For instance, we may de- vency and purpose of the highway trust with these Senators and others as we termine that it makes better sense for fund. All vehicles, regardless of wheth- work to protect the highway trust fund mass transit subsidies to come from er they use gasoline or gasohol, cause our Nation’s source of funding for our general funds instead of from the high- the same damage to our roads. The surface transportation system. way trust fund.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.061 pfrm04 PsN: S23PT1 S3154 CONGRESSIONAL RECORD — SENATE April 23, 2002 We may find that the subsidies for to conference for further discussion, nation of climate change science and special motor fuels such as propane, but will describe that in a moment. monitoring programs across govern- methanol, and liquified natural gas What has been agreed to, and for which ment, including the creation of a should be paid from the general fund there is commitment on the part of the mechanism to fill gaps in research ef- instead of the highway trust fund. co-sponsors of this amendment to advo- forts among the various agency pro- These three fuels are not paying the cate for here in the Senate and main- grams. Substantial portions of a bipar- full 18.3 cents per gallon. Propane re- tain in conference, is substantial. tisan Commerce Committee bill, S. ceives a 4.7 cent subsidy, liquified nat- First, we have developed a stream- 1716, the Global Climate Change Act of ural gas receives a 6.4 cent subsidy, and lined set of findings and a Sense of 2001, introduced by Senators KERRY, methanol receives a 9.15 cent subsidy. Congress relating to climate change, STEVENS, HOLLINGS, INOUYE and AKAKA, Much needs to be addressed as we reau- the shared international responsibility are included in these sections. This bill thorize the highway bill, and approach- to address the problem, and the role of emerged from a series of hearings held ing this very important matter in a the United States in that matrix of by the Committee during the 107th piecemeal fashion would be a mistake. shared responsibility. Senate Amend- Congress on the state of scientific AVIATION EMISSIONS ment 2917 had, in effect, two sets of knowledge of climate change and its Mr. BURNS. At this time, the Gen- findings in this regard. Developing a impacts and possible technological eral Accounting Office is working on a single set of agreed-to-statements, on means to address the problem. These study—requested by the House Com- the part of a broad cross-section of Commerce Committee provisions in- mittee on Transportation and Infra- Senators with active interests in cli- clude amendments to the Global structure, Aviation Subcommittee—to mate change policy, is an important Change Research Act, as well as lan- accomplishment. conduct a comprehensive overview of guage that ensures the programs and key issues associated with emissions Second, we have taken the funda- mental elements of S. 1008, introduced capabilities of the National Oceanic from aviation activities. This study and Atmospheric Administration and by Senators BYRD and STEVENS and would cover the same subject matter as agreed to nearly all of them. S. 1008 the National Institute of Standards contemplated in Section 803 of H.R. 4. was introduced on June 8, 2001 and re- and Technology to monitor, measure, At this time of tight budget con- ferred to the Committee on Govern- understand, and respond to climate straints, it is not a good use of limited mental Affairs. That committee held a change and climate variability. resources to produce redundant stud- hearing on the bill on July 18, and The one area of remaining disagree- ies. Accordingly, I urge Senator MUR- marked the bill up in a business meet- ment in Title X relates to the proposed KOWSKI in conference on the Energy ing on August 2, 2001. It was ordered re- White House Office of National Climate Bill to strike the language in H.R. 4 re- ported by voice vote, and the Commit- Change Policy, in Section 1013 of the questing an aircraft emissions study. tee’s report, as well as additional views proposed text for Title X. I believe that Mr. MURKOWSKI. I agree that this of some members, was filed on Novem- it would be true to say that the co- study does appear duplicative. ber 15, 2001. This legislative history sponsors of this amendment, at a min- Mr. BURNS. In addition to the GAO should be relevant to those who will be imum, all support having a locus of ac- study, I wish to bring your attention to responsible for implementing these countability for the development and a voluntary effort to address emissions provisions. One of the agreed-to ele- implementation of climate change pol- from the aviation sector, known as the ments brought in from S. 1008 is a re- icy in the Executive Office of the Presi- ‘‘EPA/FAA Local Air Quality Initia- quirement for the development of a Na- dent. All of us believe that it should be tive.’’ As part of this voluntary initia- tional Climate Change Strategy, which headed by a Senate-confirmed ap- tive, the Environmental Protection will be updated every 4 years. That pointee. We did not, however, reach Agency, Federal Aviation Administra- Strategy and its updates will be re- consensus on how this position should tion, States, airlines, aerospace manu- viewed by the National Academy of be structured and whether the ap- facturers, and environmental groups Sciences, which will provide its find- pointee should be a new or existing po- are working together to develop anal- ings and recommendation both to the sition. We have agreed to move forward yses that address the same subject President and to Congress. The Strat- to conference with the language of S. matter detailed in H.R. 4. egy will be the central focus for inte- 1008, with the expectation that we Mr. MURKOWSKI. I agree with my grating, across the government, a con- would be able to engage the White colleague from Montana that there is sideration of the broad range of activi- House at that point and come to a final no need at this time for another study ties and action that can be taken to re- resolution of how to provide for the on this issue. The Senator has my as- duce, avoid, and sequester greenhouse central accountability in the Executive surance that I will work to remove this gas emissions both in the United Office of the President that is accept- provision when we go to conference. States and in other countries. The de- able to all parties. CLIMATE CHANGE PROVISIONS velopment of the Strategy is also in- On all other issues in Titles X and Mr. BINGAMAN. Mr. President, the tended to draw on broad participation XIII aside from Section 1013, though, substitute for Title X of the Senate from the public, scientific bodies, aca- we are in agreement. We recommend Amendment 2917, and title XIII, encom- demia, industry, and various levels of their acceptance to our colleagues here pass significant bipartisan progress on State, local, and tribal governments. in the Senate and, if adopted, plan to the topic of climate change policy. Another agreed-to element from S. 1008 support these provisions strongly in This progress has been reached in dis- is the creation of an Office of Climate conference. cussions involving staff for many Sen- Change Technology in the Department Mr. MURKOWSKI. I would like to ators with keen interests in this area, of Energy, and authority for creation thank my colleague for his statement including myself and Senator MUR- of other necessary offices to carry out and indicate my support for the agree- KOWSKI on behalf of the Committee on the National Climate Change Strategy ment that we have reached. These two Energy and Natural Resources, Sen- in other agencies. The DOE Office will titles of Senate Amendment 2917 lay ators BYRD and STEVENS, Senators have a special role in bridging the gap the foundation for a sensible approach KERRY and HAGEL, and the chair and that now exists between the more con- to managing the risk of climate change ranking members of the Committee on ventional energy technology R&D pro- while providing the energy we will need Governmental Affairs and the Com- grams now in place at DOE and the for continued economic growth. The mittee on Commerce, Science and necessary research that is pointing the elements contained in these titles—im- Transportation. All these Committees way to breakthrough technologies that proved scientific research, investment that I just mentioned have important could have a pronounced effect on our in development of improved energy jurisdictional responsibilities under ability to meet the climate change technology, transfer of these tech- rule XXV related to the climate change challenge. The substantial increase in nologies to markets at home and over- provisions in this bill. There is one authorization for this function that seas, and coordinated climate policy major area in the proposed changes to was contained in S. 1008 is maintained. development—are the same elements Senate Amendment 2917 that is still Third, we have come to agreement on that were contained in S. 882 and S. not in agreement, and that will be left how to improve the structure of coordi- 1776 in the 106th Congress, and S. 1294

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.083 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3155 in the 107th Congress, legislation that I stated, should provide direction to over the White House Office of Science was pleased to sponsor or cosponsor those charged with executing the pro- Technology Policy, which will shoulder along with others. Title XIII also con- visions of Title X. But I would like to substantial responsibilities under this tains the elements of my legislation, S. summarize a few key points about why agreement. 815, to improve research in the Arctic, this is such an important contribution Mr. KERRY. I would like to thank including on topics of climate change. I by Senators BYRD and STEVENS. First, my colleagues for their statements and want to thank Senator BINGAMAN and they have found a constructive way to indicate my support for the agreement his staff for their leadership on forging move forward in a bipartisan fashion that we have reached. Included in that this important bipartisan approach to on the issue of climate change, one of agreement is a Sense of the Congress our Nation’s climate policy, and I want the most profound and daunting chal- on the international climate change to thank all those Senators and staff lenges we face as a Nation and, indeed, negotiations. The resolution originally who helped to bring these Titles into a world community. Second, the bill passed the Foreign Relations Com- being. establishes a regime of accountability mittee in August of 2001. At that time, Mr. BYRD. I would like to thank my on climate change—under the legisla- Senator BIDEN and Senator ROCKE- colleagues for their statements and in- tion, the administration would be re- FELLER played an important role in dicate my support for the agreement quired to articulate a strategy to reach crafting it. The text as passed out of that we have reached. I would also note the long-agreed upon goal of stabilizing Committee called on President Bush to the historic nature of what has been greenhouse gas concentrations in the engage in the international negotia- negotiated, refined, and supported by atmosphere. Third, the bill provides tions and to present a proposal to the the Senate here today. The passage of support for the innovative technologies Conference of the Parties by October a national climate change strategy, that will be essential to meet the chal- 2001 for a revised Kyoto Protocol or along with the improved integration of lenge of climate change. This legisla- other binding agreement. However, science and technology programs, is tion is an important step forward on since the Committee acted the state of critical to our Nation’s long-term en- climate change, and I thank my col- the international negotiations has fun- ergy policy. I appreciate that other leagues for their work on this provi- damentally changed. The revised text, Members also believe that, at a min- sion. as included in this legislation, reflects imum, there needs to be a Senate-con- Mr. THOMPSON. I would like to those important changes. I appreciate firmed appointee in the White House to thank my colleagues for their state- the work of Senators BIDEN and HAGEL oversee climate change policy. While I ments and indicate my support for the in crafting the updated text. I believe that the bipartisan con- understand that there is not full agree- agreement that we have reached with sensus also strengthens the scientific ment on this issue at this time, I be- regard to Title X. A lot of hard work and technical work that needs to be lieve that it is important to have a has gone into this agreement. It is my carried out and improves upon the new, separate office in the White House belief that there are still many uncer- structure for doing so. I am particu- tainties with regard to climate change. to serve as a focal point for this multi- larly pleased that the agreement incor- However, I also believe that the poten- faceted, multidimensional, long-term porates provisions from the Commerce tial risks of climate change warrant issue. After further discussion, I hope Committee’s bill that will bring the study, research and technological de- that these important provisions will be world-class science, technology, and supported by the House energy con- velopment. This substitute to Title X planning expertise of the National Oce- ferees and the White House as a part of goes a long way towards achieving anic and Atmospheric Administration a national energy policy. those goals. This amendment also rec- (NOAA), the National Institute of Mr. STEVENS. I would like to thank ognizes that there are many contribu- Standards and Technology (NIST) and my colleagues for their statements and tors to climate change beyond CO2 and other Department of Commerce pro- indicate my support for the agreement I appreciate that black soot is in- grams to bear on this problem—wheth- that we have reached. Title X, of Sen- cluded. My biggest concern with the er it is in climate observation, meas- ate Amendment 2917, will address an substitute is the creation of a White urement and verification, information immediate need to stimulate our Na- House Office on Climate Change. As management, modeling and moni- tion’s research and development in in- ranking member of the Committee on toring, technology development and novative technologies and attempt to Governmental Affairs, I have great transfer, or hazards planning and pre- resolve any remaining uncertainties on concerns about duplication and vention. I am also pleased to see the the causes of climate change. Title overlayering in government. I hope we bill includes language to establish a XIII will provide the mechanisms to can work this out in conference and I framework for a national coastal and better assess coastal vulnerability look forward to the White House ocean observing system, which is es- from climate variances and improve weighing in on this important issue. sential for climate prediction and climate monitoring, observing and pre- Mr. HOLLINGS. I would like to coastal response planning. diction. The Barrow Arctic Research thank my colleagues for their state- Mr. HAGEL. I would like to thank Center, authorized in Title XIII, is in- ments and indicate my support for this Chairman BINGAMAN and Senator MUR- tended to replace the decades old and bipartisan agreement on climate KOWSKI, and their staff, for their lead- poorly equipped Naval Arctic Research science and technology policy. The ership in reaching an agreement on Laboratory in Barrow and will perform Committee on Commerce, Science, and Title X. I would also like to thank my the desperately needed scientific re- Transportation over the years has de- colleagues on both sides of the aisle for search on climate change that is al- veloped and implemented the key stat- their efforts, particularly Senators ready impacting America’s Arctic. utes governing these matters. These in- BYRD and STEVENS who authored many Mr. LIEBERMAN. I would like to clude statutes establishing interagency of the original provisions included in thank my colleagues for their state- science and research programs like the Title X. This agreement represents the ments and indicate my support for the Global Climate Change Act, a coordi- hard work of reaching a bipartisan con- agreement that we have reached. As nated Federal science and technology sensus on a very challenging and dif- Senator BINGAMAN has indicated, this policy, such as is called for in the Na- ficult issue. While recognizing the need language incorporates the essential tional Science and Technology Policy, for greater coordination of climate components of S. 1008, the Climate Organization and Priorities Act, and change policy, I share Senator THOMP- Change Strategy and Technology Inno- those establishing the first tier atmos- SON’S concerns regarding the overlap- vation Act of 2001. Senators BYRD and pheric science and technology pro- ping bureaucracy created by a new STEVENS introduced this important leg- grams within NOAA and NIST. I fully White House office and look forward to islation, and I am proud that the Gov- agree that responsibility for policy re- addressing this issue more fully in con- ernmental Affairs Committee which I lating to climate issues should rest ference. Nonetheless, through the chair quickly endorsed the bill. The with an individual who is accountable agreement reached on Title X we have committee report accompanying the to Congress, much as we have done for made considerable progress in advanc- bill explains the reasoning behind the overall science and technology policy ing climate change policy on a bipar- legislation and, as Senator BINGAMAN by exercising our oversight authority tisan foundation.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.086 pfrm04 PsN: S23PT1 S3156 CONGRESSIONAL RECORD — SENATE April 23, 2002 Ms. SNOWE. I thank my esteemed TRIBUTE TO CAPTAIN, SELECT, and leadership ensured that Naval Sta- colleagues, Senator BINGAMAN and Sen- TARA L. LACAVERA, U.S. NAVY tion Pascagoula’s personnel, facilities, ator MURKOWSKI, and those Senators Mr. LOTT. Mr. President, I wish to and weapons platforms were well pro- who have taken part in this colloquy take this opportunity to recognize and tected. today as it shows an unprecedented ef- say farewell to an outstanding Naval Throughout her distinguished career, fort to forge a bipartisan agreement to Officer, Captain, select, Tara L. Captain, select, LaCavera has served address the various issues relating to LaCavera, upon her change of com- the United States Navy and the nation climate change and what our domestic mand from Naval Station Pascagoula. with pride and excellence. She has been approach and strategy should be for Throughout her career, Captain, select, an integral member of, and contributed short and long term goals for stabi- LaCavera has served with distinction. greatly to, the best-trained, best- lizing greenhouse gas concentrations It is my privilege to recognize her equipped, and best-prepared naval force through U.S. actions. In addition, it many accomplishments and to com- in the history of the world. Captain, se- will help the nation continue its efforts mend her for the superb service she has lect, LaCavera’s superb leadership, in- to carry out the objectives of the provided the Navy, the great State of tegrity, and limitless energy have had United Nations Framework Convention Mississippi, and our Nation. a profound impact on Naval Station on Climate Change signed by President Captain, Select, LaCavera began her Pascagoula and will continue to posi- George H.W. Bush in 1992 and ratified career as a Fleet Support Officer in tively impact the United States Navy by the U.S. Senate. The major objec- 1980 after completing a Bachelor of and our nation. Captain, select, tive of the Conference is for the sta- Arts in Journalism from the University LaCavera relinquishes her command on bilization of greenhouse gas concentra- of Georgia and attending the Officer April 25, 2002 and reports as Chief Staff tions in the atmosphere at a level that Candidate School in Newport, RI. She Officer, Naval Surface Warfare Center, would prevent dangerous anthropo- served with distinction early in her ca- Dahlgren, VA where she will continue genic, or manmade, interference with reer as Message Center Officer on the her successful career. On behalf of my the climate system. staff of Commander, Oceanographic colleagues on both sides of the aisle, I I am pleased that Title X calls for an Systems Command Atlantic; Regional wish Captain, select, LaCavera ‘‘Fair Office of National Climate Change Pol- Evaluation Center Watch Officer and Winds and Following Seas.’’ icy in the White House and hope this Surveillance Training Operational Pro- f direction is pursued as last year I ex- cedures Standardization at Naval Fa- SCOTTIE STEPHENSON pressed my concerns to the Adminis- cility Brawdy, Wales, UK; Fleet Tele- tration that the national energy policy communications Officer, Naval Tele- Mr. HELMS. Mr. President, this past being developed in the White House communications Area Master Station, week a deep sense of sadness settled in should not be developed independently Naples, Italy; and Intelligence Officer on the Helms family—and countless of our U.S. climate change policy. at Commander Naval Allied Forces other families as well. Scottie These policies should be seamlessly co- Mediterranean, Naples, Italy. Later as- Stephenson’s life was finally ended at ordinated across a number of our fed- signments included Administrative De- age 80 by an unyielding illness. eral agencies through a broad range of partment Head and Public Affairs Offi- Scottie had gone on to her reward research activities and actions that cer at NAS Whiting Field, FL; Protocol after 80 years of loving and being loved begin to reduce our Nation’s green- Officer and Special Assistant to the by everybody around her. For various house gas emissions in an environ- Commander, Commander in Chief, U.S. reasons, I had to cancel my plans to be mentally and technologically sound Atlantic Fleet; and Executive Officer, there when the final tributes were and economically feasible manner. Naval Station Norfolk, VA. She re- being paid to this remarkable lady who I am particularly pleased that Title ceived a Master of Science degree in was declared many times to be the XIII calls for an ocean and coastal ob- International Affairs from Troy State First Lady of Capitol Broadcasting serving system that will give us real University in 1990 and was selected as a Company in Raleigh—which, is where I time observations to help those of us 1994 Federal Executive Fellow at the began my years in broadcasting—and on the Commerce Committee’s Sub- John F. Kennedy School of Govern- where I ended them when in 1972 I al- committee on Atmosphere, Oceans and ment, Harvard University. lowed myself to be talked into seeking Fisheries greater understand, assess As Commanding Officer, Naval Sta- election to the U.S. Senate. and respond to both human-induced tion Pascagoula, Captain, select, Mrs. Louise ‘‘Scottie’’ Stephenson and natural processes of climate LaCavera’s foresight during the plan- never quite accepted the death of her ning and execution of numerous con- change and support efforts to restore handsome husband, Nelson W. Stephen- struction projects greatly enhanced the the health of and manage coastal and son, whom she married in 1948 but who quality of life for the many Sailors of marine ecosystems and living re- died in 1961. the home ported ships and tenant com- sources. Activities will also include re- Scottie knew the end was approach- mands. The results include construc- search on abrupt climate change urged ing early this year. We discussed it a tion of a new Gulf Coast USO and in December 2001 by the National Acad- number of times always with the con- Learning Resource Center, major ex- emies for NOAA research to identify clusion that when it happened, she pansions of the Fire Department and the likelihood and potential impact of would probably be the No. One Gate cardio-fitness center/gymnasium, addi- a sudden change in climate in response Keeper serving Saint Peter. As her con- tion of an on-base service station, and to global warming. I look forward to dition worsened, I set aside a time each site selection for an off-base military working with my colleague sand the day to be devoted to discussions with housing project. She was responsible White House on this issue of great im- Scottie about those years gone by for the intense coordination and cer- portance not only to me, but to the Na- when she and I were officers of Capitol tification procedures required for the tion, to the international community, Broadcasting Company. Those, she unprecedented full weapons off-load of and to those generations to follow. used to remark, were the ‘‘salad days’’. the USS COLE, DDG 67, that entailed Then came that inevitable morning the safe handling of 86.3 thousand f when I called and a tape responded. pounds of explosives from the severely Scottie had mentioned that she would damaged destroyer. After the terrorist arrange that. MORNING BUSINESS attack of September 11, 2001, Captain, Jim Goodmon, now president and Mr. REID. Mr. President, I ask unan- select, LaCavera immediately executed CEO of Capitol Broadcasting Company, imous consent that the Senate now an increased security posture, utilizing was in high school when he began proceed to a period for morning busi- recalled reservist, auxiliary security working nights at Capitol Broad- ness, with Senators permitted to speak force personnel, and available base as- casting. for a period not to exceed 5 minutes sets to provide harbor patrol and pro- Our hometown morning paper, the each. tection for home ported ships and other News and Observer, published in its The PRESIDING OFFICER. Without pre-commissioning units located at April 17 editions a comprehensive obit- objection, it is so ordered. Ingalls Shipyard. Her strong guidance uary outlining many of the aspects of

VerDate 11-MAY-2000 06:42 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.088 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3157 Scottie’s remarkable life. I ask unani- County Academy of Women, sponsored by Kenneth Dykstra devoted the next 8 mous consent that it and an editorial the YWCA. She was also the first recipient of years of his admirable career to prison from the same paper be printed in the the Junior Women’s Club Outstanding Work- inmates through a Bible study min- ing Member award. RECORD. Scottie most recently resided at istry as the Senior Pastor with the There being no objection, the mate- Springmoor where she was once again a lead- Worthington Reformed Church in Wor- rial was ordered to be printed in the er and an inspiration to many. She organized thington, MN. RECORD, as follows: and coordinated outings for her friends to ev- Reverend Dykstra returned home to [The News & Observer, Wed., Apr. 17 2002] erything from dinner parties to Durham the beautiful state of Iowa in 1987 to Bulls games. LOUISE ‘SOTTIE’ STEPHENSON—‘FIRST LADY retire in the Dutch community of his- She was preceded in death by her husband, OF CAPITOL BROADCASTING’ WORKED THERE toric Pella. Knowing ‘‘true’’ retirement Nelson W. ‘‘Steve’’ Stephenson, in 1961. Her for a pastor is rarely an option, he 58 YEARS brother, Sam D. Scott, Jr.; sister, Nancy (By Sarah Lindenfeld Hall) Scott Reid; and niece, Betty Scott Toomes, served in a variety of roles including Louise ‘‘Scottie’’ Stephenson, known as also preceded her in death. mentor for a church’s new pastor and the first lady of Capitol Broadcasting Co., Funeral services will be 10 a.m. Thursday, as a Minister of Calling with focused who helped win the original license for April 18 at St. Michael’s Episcopal Church in attention on visitations to shut-ins and WRAL–TV, died Monday morning after a Raleigh. Burial will be at Montlawn Memo- nursing home residents. long illness. She was 80. rial Park. Kenneth Dykstra’s significant con- Stephenson starting working for Capitol 58 Surviving family members include niece, tribution to not only those his min- years ago and was the communications com- Alice Reid Ritter and husband, Doug of Se- pany’s longest-serving employee, with a ten- verna Park, MD; nephew, Samuel Scott Reid istry touched, but also the entire State ure even longer than that of its founder, A.J. and wife, Kathy of Raleigh, NC; niece, Nancy of Iowa, in no way goes unnoticed. I Fletcher. She spent at least three days a Scott Young and husband, Gary of Manhat- thank and commend him today for all week at work until October, when she be- tan, KS; nephew, Sam D. Scott III and wife, of his dedication, commitment and came ill, but continued to work at home. In Carolyn of Lousville, KY; great-nephew, positive influence on those fortunate February, she attended a board meeting of Christopher James Stephenson and wife, enough to know him. the A.J. Fletcher Foundation, held at Ann; and many great nieces and nephews. Springmoor retirement community where She is also survived by longtime friend, Ro- f she lived so she could participate. berta Glover. ADDITIONAL STATEMENTS ‘‘She was a great lady, and she had the re- spect of everybody that’s ever worked for [From the News & Observer] Capitol, and we’re going to really miss her ALWAYS ON THE GO OUR WESTERN AGENDA personally and we’re going to miss her pro- Even after she moved to the Springmoor ∑ Mr. CRAIG. Mr. President, as I sit fessionally,’’ said James F. Goodmon, presi- retirement community in Raleigh, Scottie dent and CEO of Capitol Broadcasting Co. Stephenson had not retired from her voca- here and look around at my sur- ‘‘Scottie was sort of our contact with who we tion, and avocation, of getting things done. roundings, there is a dominant feature, are and what we stand for and was an impor- At Springmoor, she organized her neighbors our Nation’s Capitol. The Rotunda is a tant continuity beginning with the founding in all sorts of activities, getting them out landmark that is recognized through- of the TV station. She was there when it and about. out our country. started.’’ For 58 years, Stephenson, who died Monday What is noticeably missing from this Stephenson started her career as a recep- at the age of 80, served Raleigh’s Capitol tionist, secretary and record librarian for landscape is Idaho! Broadcasting Company—the first employee Our Nation’s Capitol is vastly dif- what was then WRAL–AM. She answered the and the one who worked there longer than phones for the popular radio show ‘‘The anyone, including the founder, the late A.J. ferent from Idaho. Each day, Congress- Trading Post,’’ with Fred Fletcher as host, Fletcher. She was out and about there, too— men come to work and see the histor- where listeners could swap and sell goods from helping the company obtain the first ical landmarks of the Capitol. They do over the air. She became the company’s cor- television station license in Raleigh for not see Idaho’s vast mountains, rural porate secretary and member of the board of WRAL–TV, to writing commercials, to filing countrysides, expansive farmland, or directors in 1953. complicated federal reports. Stephenson, a She was the only woman on a five-member raging rivers, the landmarks we all feel gracious and merry person, also served in a team seeking a television station license for in part define Idaho. multitude of community endeavors through WRAL. Every day, I work to promote and ad- She helped prepare 3,000 pages of paper- volunteer work in the arts and as a board vocate for our Western principles and work and testified before the Federal Com- member of the A.J. Fletcher Foundation. For thousands of citizens in the Capital City, our Western lifestyle. These Western munications Commission in Washington, principles are the touchstone for my D.C., during the 75-day hearing, according to she’ll be remembered as coordinating the Golden Age Club’s annual Christmas lunch- service in Congress. a Capitol press release. The company re- And every day, my goal is to work to ceived its license in December 1956. eon. Stephenson, a native of Goldsboro, grad- Pillars of the community, such people are establish Federal policies that are re- uated from Broughton High School and took called, and too often as they become older sponsive to the needs and interests of classes at N.C. State University. She married their accomplishments seem to fade in mem- Idaho and the West, as well as to lead Nelson W. ‘‘Steve’’ Stephenson in May 1948. ory. It should not be so, for those accom- in developing natural resource and en- plishments, by one person at a time, build a He died in 1961, and she never remarried. ergy policies that protect Western Stephenson served on the board of the city. And thankfully, it was not so with Scottie Stephenson, who was acclaimed after water and ensure a clean, safe environ- Fletcher Foundation and volunteered with ment, consistent with sound science, local arts groups. For more than four dec- her death in on-air tributes from her latest ades, she coordinated the Golden Agers Club generation of admirers at WRAL. She would community stability, economic growth Christmas parties in Raleigh. And for a half- have appreciated them. And they were well- and the principle of multiple use. century, Stephenson had lunch once a week earned. I am a fiscal conservative who be- with her good friend Pota Vallas, whose fam- f lieves in the principles of multiple use, ily founded National Art Interiors at conservation, and management at the Hillsborough Street and Glenwood Avenue. RECOGNITION OF REVEREND local level. I believe these fundamental Scottie was active in the Triangle commu- KENNETH DYKSTRA ideas should guide all natural resource nity as well, serving on the board of the A.J. Mr. GRASSLEY. Mr. President, decisions. Natural resource manage- Fletcher Foundation and supporting the arts today I rise in recognition of the stead- through volunteer work with the Raleigh ment is about balancing the needs of Fine Arts Society and the North Carolina fast service and commitment of a prin- the people with the needs of the land. I Symphony. She coordinated the Golden Age cipled man of God, Reverend Kenneth have never met someone who wants Club of Raleigh’s annual Christmas luncheon Dykstra of Pella, IA. Reverend Dykstra dirty air, undrinkable water, or dev- for over four decades and saw that luncheon served in the capacity as Senior Pastor astated forests. We all want a livable grow from 50 to over 1,500 people. Scottie of Third Reformed Church in Pella environment. Where people differ is served on the Board of Directors and as Sec- from 1969 to 1979. During this period he over how these goals will be accom- retary of the Tammy Lynn Center, a resi- was involved and actively participated plished. dent care facility for severely retarded chil- in two extremely consequential mis- That being said, I have compiled all dren, and worked with a variety of other community organizations. sionary trips, one to India and the of my thoughts and feelings on Western In 1992, she was named Business and Pro- other to Mexico—both with the Re- issues to create what I call ‘‘Our West- fessional Woman of the Year of the Wake formed Churches of America. ern Agenda.’’

VerDate 11-MAY-2000 06:42 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.054 pfrm04 PsN: S23PT1 S3158 CONGRESSIONAL RECORD — SENATE April 23, 2002 ‘‘Our Western Agenda’’ is designed to tinue to look to have access to our pub- need the resources and flexibility to provide suggestions on specific Idaho lic lands to provide resources. make management decisions that and Western issues. It proposes a com- During the past decade, we have maintain our public lands. pass for how our natural resource pol- heard a chorus of energy marketers Increased fuel loads create cata- icy should address these issues. and environmentalists sing the praises strophic fires, contribute to declining While the list of issues that touch of natural gas as a cost-effective and watersheds, increase sedimentation the West is much longer than this, I be- environmentally sensitive energy and decrease water quality, and lead to lieve the following ideas comprise the source. The past administration hailed the demise of fisheries. core. First, I believe access must be natural gas as the cleanest fuel for This disastrous spiral must be guaranteed to our public lands for mul- home heating and aggressively pushed stopped. Non-native weeds are a serious tiple uses, including ranching, mining, utility companies to convert oil and problem on both public and private and recreation. coal-fired electric plants to gas. lands across the Nation. They are par- In order to maintain the values of The irony is that all this aggressive ticularly troublesome in the West, public lands, I believe the most critical promotion has not been backed by where much of our land is entrusted to characteristic that needs to be pre- commensurate efforts to ensure supply. the management of the Federal Gov- served is access. Conservation and mul- Indeed, the Clinton administration ernment. tiple use, for a century now the domi- complicated our ability to retrieve ade- Like a ‘‘slow burning wildfire,’’ nox- nant policy of our public lands, require quate supplies of gas by locking up ious weeds take land out of production, access. Only by accessing these areas Federal land deposits of this valuable force native species off the land, and can active management take place, energy source, with an estimated 40 interrupt the commerce and activities providing protection for our public percent of potential gas resources in of all those who rely on the land for lands against disease, wildfire, and in- the United States on Federal lands their livelihoods, including farmers, sect epidemics. that are either closed to exploration or ranchers, recreationists, and others. Forests and rangelands are dynamic Next, the long struggle over public covered by severe restrictions. systems that constantly change in re- access to our lands has left many with Increases in Federal red tape and bu- sponse to both natural and man-made battle fatigue and I believe through reaucratic inefficiency raised consumer events. They are never static. Any sci- collaborative conservation, mutual costs while denying consumers the entist will tell you that a healthy for- goals of various user groups can be ac- choices they were promised. The fact of est or rangeland requires active man- complished. Clearly, we need a new ap- the matter is as the United States en- agement. Like your backyard garden, proach to solving natural resource con- ters the 21st century, our Nation lacks you can’t just let it go and expect it to flicts, user conflicts, and management a readily available and sufficient sup- be productive and healthy. You have to conflicts. ply of natural gas to satisfy current de- actively manage the resource by doing In order to resolve conflict, all the mand, let alone the increasing demand everything from thinning trees, to players need to come ‘‘to the table’’ to that we expect in the immediate fu- spraying for weeds, to maintaining explore our shared ideals instead of re- ture. Consequently, natural gas prices roads. inforcing our disagreements. are high and will likely rise in the fu- Without access to our lands, it is im- I think we should adopt the strate- ture. possible to manage our public lands gies of some local activists who have This will not change until we reverse properly. Without access, we will end turned away from the existing national government policies that have fore- up with unhealthy lands that are prime standoff. Instead, they are working to closed opportunities for choice of fuels. candidates for catastrophic wildfires bridge differences, to find a common Furthermore, failure to encourage in- and insect infestations of epic propor- solution that reflects the national en- vestment in the transmission of elec- tions. vironmental ethic. In a phrase: collabo- tricity has threatened the reliability of It is time to move our public lands rative conservation. service throughout the country. management agencies away from a I believe collaborative conservation The Department of Energy has esti- ‘‘one-size-fits all’’ management policy should include the following. We must mated that we will need to construct and back toward their original mis- discard the doctrine of national com- over the next several years an addi- sions. munities of interest, where decision tional 255,000 miles of distribution As set forth in law, the missions are makers are selected from national or- lines, at an estimated cost of $120 to to achieve high-quality land manage- ganizations, and return to a doctrine of $150 billion, to ensure that our electric ment under the sustainable multiple- local community interest. We should system remains the most reliable in use management concept to meet the not allow Federal bureaucracies and the world. diverse needs of all users. national organizations to upset the The notion that our Nation can rely In all of this, I believe we still have fragile process of local consensus mak- so heavily on natural gas, maintain se- an Old West, a rural society centered ing. vere restrictions on exploration and on the original commodity-producing We need a process of continuous im- production, and still enjoy low prices industries and agriculture, and then provement in reducing our impacts on is, as Secretary Abraham has stated, there is a New West, centered on the the land. We must stipulate that for all ‘‘a dangerous assumption.’’ vigorous quest for a quality of life that the progress made by commodity-pro- Last, I believe a common sense ap- includes the enjoyment of the out- ducing industries, loggers and ranch- proach will protect our public lands doors. ers, and recreationists, we can always against catastrophic fires, weeds, and What ties ‘‘the old’’ and ‘‘the new’’ do better. exclusive policies. Fire is a natural together is an appreciation for the re- Federal Government policies des- component of any ecosystem. It stimu- sources and the value that multiple perately need modernization. The Gov- lates plant growth, maintains a plant uses contribute to our livelihoods and ernment needs to manage better. It understory, and creates diversity. All communities. must not allow restrictive approaches of these aspects are healthy character- Natural resource management is based upon inflexible national man- istics of a thriving forest. about bringing the Old West and the dates to trump what would otherwise However, when fire is suppressed and New West together to balance the be environmentally sound activities active forest management activities— needs of all the people with the needs and shut out local people who have to thinning, prescribed burns, etc.—that of the land.∑ live with the consequences of Federal mimic fire behavior are ignored, this is f decisions. a prescription for disaster. As a community, we need to come to- The neglectful management practices HADASSAH’S 90TH ANNIVERSARY gether to solve the challenges of mul- of the past will continue to plague our ∑ Mr. SCHUMER. Mr. President, I rise tiple-use in order to achieve conserva- public lands unless we pursue active today to speak in honor of Hadassah, tion and balance on our public lands. I management practices that result in a the Women’s Zionist Organization of also believe as our Nation’s energy pol- balanced ecosystem. In order to pre- America, on its 90th Anniversary. Ha- icy continues to develop, we will con- vent devastating fires, the agencies dassah, the largest Zionist, largest

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00048 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.008 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3159 Jewish, and largest women’s member- Easter Seal Society, and the Kiwanis have weathered any number of chal- ship organization in the country, was Club. His efforts to improve the com- lenges over the years. They are good founded in 1912 by Henrietta Szold to munity in which he lives serve as a people, proud, hard-working, the best help meet medical needs in what was positive role model for people in towns you can find anywhere. They are sur- then Palestine. across the country. He has been instru- vivors, and they will get through these Since that time, Hadassah has been a mental in raising the membership of difficult times as well. They have given leading force in Israel’s medical needs the Hooksett Kiwanis Club by person- much to their country, and now they through Mt. Scopus Hospital, Ein ally sponsoring 180 new members. need our help. Karem Hospital, and various clinics Frederick Bishop is one of the most I am determined to give them that across the country. Hadassah hospitals, deserving candidates of this recogni- help. The good people of the range have in addition to serving as a model of tion that I have encountered. His ef- responded to their country in its times peaceful coexistence in the Middle forts and devotion have made the Town of needs. Over the years our Nation’s East, provide state-of-the-art health of Hooksett a better place to live. He economy flourished and our manufac- care to 600,000 patients a year—regard- should be proud of his accomplish- turing industries boomed from the iron less of race, religion, creed or national ments and service. It is truly an honor ore produced through the labors of origin—and often treat the most criti- to represent him in the U.S. Senate.∑ steelworkers on the range. cally wounded in the region’s ongoing f There is both a moral imperative to meeting this challenge as well as a conflicts. STEEL INDUSTRY RETIREE BENE- business necessity in doing so. Through the College of Technology, FITS PROTECTION ACT OF 2002 the Career Counseling Institute, and As a matter of fairness and economic ∑ Youth Villages in Israel and through Mr. WELLSTONE. Mr. President, I justice, we must help the working fam- Young Judaea and the Hadassah Lead- am pleased to join as a cosponsor of ilies who gave their all to this industry ership Academy in the United States, this extremely important legislation, and who, through no fault of their own, Hadassah has been critical in upgrad- S. 2189, the Steel Industry Retiree Ben- indeed because of the unfair practices ing the educational and learning oppor- efits Protection Act of 2002. This legis- of our trading partners, find them- tunities for the people of Israel. lation is coming none too soon, for selves without jobs, health care or ade- In the United States, Hadassah hardworking steelworker retirees who, quate pensions. In the last 2 years, 32 women sold $200 million in US World through no fault of their own are fac- U.S. steel companies have filed for War II bonds as its first national do- ing the loss of health and death bene- bankruptcy, and these companies rep- mestic effort. Since then, Hadassah fits, and for the industry itself that resent nearly 30 percent of our domes- needs this relief in order to revitalize women have been actively engaged in tic steel making capacity. These fail- itself and remain competitive. health education programs on breast ures were not the fault of the workers In particular, the act would preserve at these companies. These failures re- cancer and osteoporosis; voter registra- the health and death benefits for the sulted from unfair and predatory prac- tion efforts; Jewish education; grass- retirees of steel, iron ore, and coke tices of our trading partners over an roots advocacy on US-Israel relations, companies facing consolidation or liq- extended period. Jewish communal concerns; women’s uidation. The bill establishes a health issues; humanitarian relief to dis- Equally as important, our domestic benefits program for steel retirees of steel industry will simply not be able tressed communities and countries; acquired or shuttered steel companies and volunteer work in literacy pro- to revitalize itself and remain competi- modeled on health plans available for tive while shouldering the massive leg- grams and at domestic violence shel- Federal workers. Like its model, the acy cost burdens that exist. With on ters. new program will require retirees to average three retirees for every active In conclusion, I would like to ac- pay reasonable monthly premiums, will employee, the industry faces virtually knowledge the continued efforts of Ha- provide coverage for prescription insurmountable barriers. Government dassah members and their ninety year drugs, and will deliver medical care ∑ assistance is essential and we will need history. through preferred provider organiza- the President’s active support for leg- f tions. In addition to health coverage, acy cost legislation if we are to prevail. the proposed legislation extends a TRIBUTE TO FREDERICK BISHOP Unfortunately, however, the Presi- $5,000 death benefit to the designated ∑ Mr. SMITH of New Hampshire. Mr. dent appears to have washed his hands beneficiary of each enrolled retiree. President, I rise today to pay tribute The hard working families of the Iron of this problem. He claims to have done to Frederick W. Bishop of Hooksett, Range of Minnesota are facing excruci- his part by providing section 201 relief NH. Frederick has been chosen as New atingly tough times. Their situation is to the industry. The issue of legacy Hampshire’s Citizen of the Year for his truly desperate and they need our help. costs, he says, for the sake of retirees exceptional leadership and devoted The taconite industry in which gen- and to permit industry consolidation, service to the community. erations of workers have proudly la- is someone else’s problem. I commend his active role in both the bored has been ravaged by surges of It is not, however, as simple as that. community of Hooksett and the Gran- semi-finished steel slab dumped in this First, the jury is still out on whether ite State. He has served countless country by our trading partners. Many the section 201 relief will in fact be hours on Boards and holds positions in have lost their jobs, just last year 1,400 that meaningful. According to recent numerous organizations within the workers were laid off when LTV Steel accounts, there are over 1,000 excep- state. Mr. Bishop has served as Chair- Mining closed its doors. Now, 10,000 tions to the President’s section 201 de- man of the Hooksett Police Commis- former employees, their spouses and cisions being considered. And, Sec- sion, President of the Hooksett Men’s dependents face loss of health insur- retary O’Neill is reported as saying Club, member of the Memorial School ance and many are finding that they that he suspects ‘‘a significant propor- Booster’s Club, Chairman of the stand to lose a good portion of the pen- tion of them will be favorably de- Hooksett Winter Carnival, Treasurer of sions the company had promised. cided.’’ Moreover, the President’s sec- the Hooksett Underhill School PTO, Last month, the HELP Committee tion 201 decision did nothing for the Chairman of the Librarian of the Year held hearings on the need for legacy iron workers in Minnesota and Michi- Award Event, and numerous other posi- cost legislation both for retirees and gan. While the President imposed a tions and memberships. for the industry. The testimony was fairly significant tariff on every other Along with his positions, Frederick riveting. The need compelling. My good product category for which the Inter- has found time to serve as a Little friend, Jerry Fallos, president of Local national Trade Commission found in- League Coach, a member of the 4108 of the United Steelworkers of jury, for steel slab he decided to impose Hooksett Emergency Medical Services America, testified at those hearings. ‘‘tariff rate quotas.’’ This brings us vir- Committee, and a volunteer for Catho- The stories he had to tell were grim in- tually no relief. Nearly 7 million tons lic Charities. Frederick is also a mem- deed. of steel slab can continue to be dumped ber of the Business and Industry Asso- As Jerry said, the people of the Iron on our shores before any tariff is as- ciation of NH, the New Hampshire Range are used to hard times. They sessed. The injury will continue.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.067 pfrm04 PsN: S23PT1 S3160 CONGRESSIONAL RECORD — SENATE April 23, 2002 Second, by ignoring the legacy cost I congratulate Ben Lamensdorf for posed for oil exploration and drilling, issue, the President is walking away his contributions to the Delta region known as the ‘‘1002’’ area, is the most from the hard work that must be done Mississippi and the Nation, and I look biologically productive part of the Ref- to promote industry consolidation and forward to his future contributions in uge. The coastal plain is home to a di- re-vitalization, an objective this ad- improving the quality of life for our verse collection of wildlife including ministration has been advancing from citizens.∑ polar and grizzly bear populations, the start. f musk oxen, 180 bird species, and one of We need serious legacy cost legisla- the largest caribou herds in North EXPEDITED BANKRUPTCY tion and that is precisely what this bill America. represents. I urge my colleagues in the PROCEDURES Each year, the Porcupine Caribou Senate and the House to support its ∑ Mrs. CARNAHAN. Mr. President, the herd—over 129,000 members strong—mi- passage. And I urge the President to expedited bankruptcy procedures pro- grates 400 miles from wintering take another look at this issue and vided in Chapter 12 of the bankruptcy grounds in the north central Canadian work with us on a meaningful solution. code are extremely important for fam- Yukon to the Arctic Refuge coastal The viability of our domestic steel ily farmers struggling during difficult plain where they give birth to their industry, and our national security, times. I have been working diligently young. In a typical year, the herd can are at stake here. We must act, and we to extend these provisions and to make birth up to 40–50,000 calves. must act soon.∑ them permanent. I am pleased that The importance of the Porcupine f both the Farm Bill and the Bankruptcy Caribou herd can best be illustrated by RECOGNITION OF MR. BEN Bill Conference Committees are cur- a 1987 Conservation Agreement be- LAMENSDORF rently considering permanent exten- tween the Governments of Canada and sions. The bill we are about to pass is the United States. The Agreement rec- ∑ Mr. COCHRAN. Mr. President, I am an important stop-gap measure that ognizes the value of the Porcupine herd pleased to commend Mr. Ben will provide much needed assistance to and the importance of protecting their Lamensdorf of Cary, MS, for his distin- family farmers until a permanent ex- birthing grounds to ensure the future guished service as President of Delta tension is enacted.∑ sustainability of the population as a Council. Delta Council is an economic devel- f vital part of the Refuge’s ecological system. In Canada, land north of the opment organization representing MURKOWSKI AND STEVENS Porcupine River was withdrawn from eighteen counties of Northwest Mis- AMENDMENTS, NO. 3132 AND NO. development in 1978. Oil exploration sissippi. Organized in 1935, Delta Coun- 3133 TO S. 517, THE ENERGY RE- and drilling in the Porcupine Caribou cil brings together the agricultural, FORM ACT business, and professional leadership of herd’s prime calving grounds remains ∑ Mr. CHAFEE. Mr. President, I rise an item of contention between the the area to solve common problems and today to explain my opposition to the promote the economic development of United States and Canada and threat- Murkowski and Stevens amendments the Mississippi Delta region. ens the future of the Conservation to S. 517, the Energy Reform bill. As President of Delta Council, Ben Agreement. Drilling in the Arctic National Wild- has been an effective leader in pro- I am prepared to support a national life Refuge is not the only solution to moting sound agricultural policy in a energy policy that balances our energy our dependence on foreign oil. I am op- year when that issue has been so vital needs with strong environmental pro- to rural America. His insights and ex- posed to drilling in the Arctic Refuge tection. Reducing our dependence on perience have been of invaluable assist- because I believe there should be a foreign oil is a national priority, but ance to my staff and me as we ad- comprehensive national energy policy. should not come at the expense of our dressed policies to make American ag- During the Senate’s ongoing consid- nation’s precious natural resources. Al- riculture stronger. eration of S. 517, I have voted in favor lowing oil and gas development in the Ben also distinguished himself in of strengthening Corporate Average coastal plain promises only short-term other areas of public policy that have Fuel Economy (CAFE) standards for benefits that may irreparably damage impacted on his beloved Mississippi SUVs and light trucks. By increasing the wildlife values and unique vitality Delta region. He has been a proponent oil savings, stronger CAFE standards of the Arctic Refuge. for better schools and innovative edu- would make us less dependent on for- Opening the Arctic Refuge to oil ex- cational models; he has supported eign fuel and demonstrate a real com- ploration and drilling should not be the transportation and water resource mitment to conservation. The CAFE primary component of the effort to re- projects that are vital to the future of amendment failed. I voted in support of duce our dependence on foreign oil. Northwest Mississippi; his personal increasing the amount of renewable There are other steps we should take farming practices have served as an ex- fuels in our energy portfolio. This pro- that would provide more benefits in the ample for sound conservation and envi- vision failed. I have also supported tax long term.∑ ronmental measures, and he has been a credits for domestic marginal well pro- f leader in defining and shaping alliances duction and providing incentives to NATIONAL CRIME VICTIMS RIGHTS in health care that can have both an consumers for purchasing alternative WEEK immediate and long-term impact on technology vehicles and improving the the well-being of citizens in the Delta. efficiency of their homes and offices. I ∑ Mr. JOHNSON. Mr. President, statis- The level of Ben’s commitment to am optimistic that these efforts will be tics show that a woman is raped every Mississippi and its people has been evi- successful. 5 minutes in the United States and dent since he returned home to Cary I am prepared to support a national that one in every three adult women after graduating from Mississippi State energy policy that balances our energy experiences at least one physical as- University. In addition to operating a needs with strong environmental pro- sault by a partner during adulthood. In cotton, soybean, wheat, and pecan farm tection. Reducing our dependence on fact, more women are injured by do- in Sharkey and Issaquena Counties, he foreign oil is a national priority, but mestic violence each year than by owns and operate Grundfest and Klaus should not come solely at the expense automobile accidents and cancer Gin. of our nation’s precious natural re- deaths combined. Statistics that report Ben serves as a chairman of the sources. the abuse of our children are equally board for the Bank of Anguilla. He is a First established by President Eisen- staggering. Nationwide, an estimated member of the Anshe Chesed Temple in hower in 1960, the Arctic National 826,000 children are victims of abuse Vicksburg and serves on the board of Wildlife Refuge was created and later and neglect, a number greater than the the Institute of Southern Jewish Life. expanded to preserve the area’s unique population of my home State of South A Founding Director and current Board wilderness and wildlife values by pro- Dakota. member of Delta wildlife. Ben has also tecting fish and wildlife populations in April is recognized as both Child served as a member of the Sharkey- their natural diversity. The 1.5 million Abuse Prevention Month and Sexual Iaasquena Soil and Water Commission. acres of the Refuge’s coastal plain pro- Assault Awareness Month. This week,

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.058 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3161 the week of April 21–27, is National GREEK SUPPORT FOR THE WAR I also have the very great privilege of Crime Victims Rights Week and is a ON TERROR being able to introduce Thurman good time to take a serious look at the ∑ Mr. WARNER. Mr. President, I ask to Adams as my friend, a friend I deeply progress we have made in addressing have printed in the RECORD the re- admire as a man of his word, a man of the problem of abuse against women marks of President George W. Bush in conviction, a man of values and of prin- and children in our communities. In regard to the stance that Greece has ciple. 1983, I introduced legislation in the taken in our war against terror. And in a much higher tribute to him, South Dakota State Legislature to use The remarks follow. I could introduce Thurman as the hus- band of one of the truly great ladies I marriage license fees to help fund do- PRESIDENT BUSH: mestic abuse shelters. At that time, There’s a huge number of Greek Americans have met in my life, Hilda McCabe thousands of South Dakota women and who live in our country, who still have got Adams. I have been with Hilda and Thurman children were in need of shelters and great fondness for the country of their ances- Adams in times of victory and celebra- programs to help them. However, few tors. I am most appreciative of Greece’s strong tion, and I have been with them in people wanted to acknowledge that do- stand against terror. Greece has been a times of tragedy and loss. In every cir- mestic abuse occurred in their commu- friend in our mutual concerns about routing cumstance, they have been the defini- nities, or even in their homes. our terror around the world, and I want to tion of class, and they have more integ- During the last 7 years, I have led ef- thank them for that very much. rity in their little fingers than most of I’m also very appreciative of Greek Prime forts in the U.S. Congress to authorize Minister Simitis’ administration working us will be able to summon in our life- the original Violence Against Women with Turkey. Relations have improved with times. Act, VAWA, and, most recently, ex- Turkey, and as a result the world is better Their journey together has been in- pand and improve the program to as- off. And I want to thank Greece for their vi- spiring to those of us who are lucky sist rural communities. South Dakota sion, for their Foreign Ministry’s hard work enough to be around them, but it has has received over $8 million in VAWA to do what is right for the world, to make not always been easy. They endured the world more peaceful.∑ funds for women’s shelters and family the loss of an infant grandchild, and violence prevention services. In addi- f then tragically in May of 2000, the tion, the law has doubled prison time TRIBUTE TO THE HONORABLE death of that baby’s father, their son, for repeat sex offenders, established THURMAN G. ADAMS, JR. Brent McCabe Adams, Sr., at the age of 45. And now they are facing, with char- mandatory restitution to victims of vi- ∑ Mr. BIDEN. Mr. President, on May 3, acteristic strength and courage, a seri- olence against women, and strength- 2002, the Delaware State Bar Associa- ened interstate enforcement of violent ous illness for Hilda. tion will present its prestigious Lib- In honoring Thurman Adams, the crimes against women. South Dako- erty Bell Award to Thurman G. Adams, Delaware Bar Association will, rightly, tans can also call a nationwide toll- Jr. pay tribute to his decades of service to free hotline for immediate crisis inter- I could introduce Thurman Adams to our State, his particular contribution vention help and free referrals to local my colleagues in any number of ways, as a leader on the Judiciary Com- services. The number to call for help is he is the dean of the Delaware State mittee, and his role in leading the Sen- 1–800–799–SAFE. Senate, the majority leader, and by the ate confirmation process, never as a In South Dakota last year, over 5,500 time his current term ends, he will mere matter of procedure, but thought- women were provided assistance in do- have served longer than any Delaware fully and skillfully, for so many mem- mestic violence shelters and outreach State Senator in history. And Dela- bers of the Bar, and other Delawareans, centers thanks, in part, to VAWA ware has a long history. who have been appointed to positions funds. While I am pleased that we have Senator Adams has served on and, in within our State government. made significant progress in getting re- fact, chaired virtually every major For my part, I would like to pay trib- sources to thousands of South Dakota committee, including 25 years-and- ute to Thurman and Hilda Adams as, counting as chairman of the Executive women in need, it is important to look simply, exceptional and inspiring Committee, current chairmanship of beyond the numbers. Mr. President, human beings, the best of citizens, the the Banking Committee, past chair- 5,500 neighbors, sisters, daughters, and best of neighbors, and the best friends manship of the Agriculture Committee, wives in South Dakota were victimized anyone could ask for. They just don’t and current service on the Judiciary, by abuse last year. Thousands of other make them like Hilda and Thurman Administrative Services, Permanent women are abused and do not seek very often. We in Delaware are very Rules and Ethics Committees, as well lucky.∑ help. We must also recognize that the as his role in the Senate leadership. f problem is multiplied on the reserva- I could also introduce Thurman tions where Native American women Adams as, in many ways, the quin- LOCAL LAW ENFORCEMENT ACT are abused at two-and-a-half times the tessential Delawarean, I should add OF 2001 national rate and are more than twice Sussex Countian, and I can pinpoint it ∑ Mr. SMITH of Oregon. Mr. President, as likely to be rape victims as any even more to his beloved town of I rise today to speak about hate crimes other race of women. Bridgeville. legislation I introduced with Senator The words of a domestic abuse sur- Like his father, Thurman was born KENNEDY in March of last year. The vivor may best illustrate the need to on the family farm on the road now Local Law Enforcement Act of 2001 remain vigilant in Congress and in our known as Adams Road. His grandson would add new categories to current communities on preventing domestic lives there now, and runs the farming hate crimes legislation sending a sig- abuse. A woman from my State wrote operations day-to-day. Thurman grad- nal that violence of any kind is unac- me and explained that she was abused uated from Bridgeville High School, ceptable in our society. as a child, raped as a teenager, and and then from the University of Dela- I would like to describe a terrible emotionally abused as a wife. Her ware. After college, he joined the fam- crime that occurred October 18, 1993 in grandchildren were also abused. In her ily feed, grain and farm business, T.G. Menomonie, WI. A lesbian college stu- letter, she pleaded: Adams & Sons, which he now serves as dent was beaten by three men and a president. woman. During the beating, the Don’t let another woman go through what So, I could introduce Thurman attackers were heard to yell anti- I went through, and please don’t let another Adams as one of the longest serving lebian slurs. child go through what my grandchildren and most influential leaders of our I believe that government’s first duty have gone through. You can make a dif- ference. State. I could introduce him as rep- is to defend its citizens, to defend them resenting the great tradition of Dela- against the harms that come out of We all can make a difference by pro- ware agriculture, Delaware towns, hate. The Local Law Enforcement En- tecting women and children from vio- Delaware small business and Delaware hancement Act of 2001 is now a symbol lence and abuse.∑ families. that can become substance. I believe

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00051 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.001 pfrm04 PsN: S23PT1 S3162 CONGRESSIONAL RECORD — SENATE April 23, 2002 that by passing this legislation and economies. With this, I would like to inventoried roadless areas across the changing current law, we can change again express my objections to the National Forest System. hearts and minds as well.∑ Clinton roadless rule and explain why I On October 19, 1999, the Forest Serv- f feel it is still a bad idea. ice published a notice of intent to pre- As chairman of the Subcommittee on pare an environmental impact state- JEWISH HERITAGE WEEK Forests and Public Lands of the Energy ment to propose protection of certain ∑ Mr. LEVIN. Mr. President, it is with and Natural Resource Committee I roadless areas. great pleasure I rise today to call my held a series of five hearings between In June of 2000, Chief Dombeck, in a colleagues’ attention to Jewish Herit- November 1999 and March 2001 to exam- letter to his employees on the roadless age Week, which was recognized from ine the development and potential con- issue, stated that ‘‘Collaboration does April 14 through 21, 2002. sequences of the Clinton administra- not alleviate our responsibility to Every spring since 1976, during the tion’s roadless area conservation rule- make decisions that we believe are in season in which Jewish people com- making. Our hearing record details nu- the best long-term interests of the land memorate Passover, Yom Hashoah merous questions about the process or the people who depend on and enjoy (Holocaust Memorial Day) and Yom and data used to develop the roadless it.’’ Mr. Dombeck made it very clear to Ha’atzmaut (Israel Independence Day), area conservation rule. While I will not me that Mr. Gore’s desires would be a week is set aside to promote and en- recite the entire history of this con- carried out. courage all Americans to learn about troversy, I do want to highlight some In the 2000 State of the Union Ad- the history of Jewish Americans and to of the key dates and events to help my dress, nearly 11 months before the final participate in activities that highlight colleagues better understand this issue. roadless area conservation plan was the accomplishments of these citizens. To begin, the issue of roadless has published, President Clinton said that It is in light of that charge I come to been around for more than 30 years. In together, the Vice President and he the Senate floor to highlight this im- 1972, the Forest Service began Roadless had ‘‘in the last three months alone portant week. Area Review and Evaluation One, helped preserve 40 million acres of For centuries, Jews from across the RARE I, to examine how much land roadless in the national forests.’’ globe have come to America seeking should be set aside and recommended On November 13, 2000, the final EIS the ability to worship in freedom and for potential Wilderness. for the roadless rrea conservation plan to pursue their individual and hopes A more comprehensive RARE II in- was published. And on January 12, 2001 and dreams in peace. Throughout the ventory was undertaken in 1982. That the final roadless area conservation many years, nearly every facet of review examined a little more than 62 rule was published in the Federal Reg- American culture has been cultivated million acres. A variety of wilderness ister. This meant that over the Christ- and enriched by the talents of Jewish bills passed by Congress allocated 24 mas holiday the agency read, absorbed people, including business, education, percent of the RARE II lands to Wilder- and responded to more than 1.2 million research, fine arts, and government. In ness. The forest plans completed by the public comments in a little less than 2 fact many of their names and accom- Forest Service between 1983 and 1998 months. plishments are found in the textbooks recommended—10 percent of the 62 mil- The Public Lands and Forest Sub- of students across this country. Their lion acres for wilderness; 17 percent of committee hearings that were held, contributions to our character and cul- the land for future wilderness study; 38 made it clear to me that the decision ture help make America a better place. percent of the land for other multiple- on what to do about the roadless issue We also commend our friends in uses that excludes timber harvesting; was sealed on October 13, 1999 when the Israel as they celebrated the 54th anni- and 14 percent of the 62 million acres to President spoke at Reddish Knob and versary of the founding of the modern be considered as potentially available the rest of this effort was little more State of Israel. This milestone is a for timber harvesting. than window dressing. It was also no surprise to me when tribute to the strength and resilience It is important to know that from U.S. Federal District Court Judge Ed- of the Jewish spirit in the face of great the time RARE I was completed, ward Lodge stayed the implementation adversity. At this time, it is impera- through 1998, that less than 1.1 million of this rule in May of 2001. While Judge tive that freedom loving people from acres of the original 62 million RARE Lodge’s stay has been appealed to the around the world stand with the people II acres were utilized for timber har- Ninth Circuit Court of Appeals, the of Israel in affirming Israel’s right of vesting. Thus, less than 2 percent of fact remains that no administration, existence and its right to defend itself the entire 62 million acres had been en- not the Bush administration, not the against those who would use terror to tered, or would be entered in the next Clinton administration, nor any future achieve their goals. 5 years, for timber harvesting. In 1998, after an Interior Appropria- administration can ignore Judge I know my Senate colleagues will tions vote on funding for Forest Serv- Lodge’s ruling. join with me and the millions of Amer- ice road construction, I invited then I know that many in the environ- icans to mark this special week to pay chief of the Forest Service Mike mental community, proponents of the tribute to the countless people of Jew- Dombeck to my office to discuss the Roadless Rule, would like to convince ish faith and descent who have contrib- roadless issue. I offered the chief my us that the Bush administration is uted so much to the definition of our help in working to legislatively resolve somehow skirting the law by refusing nation and the world.∑ this thorny issue. I was politely in- to fully implement the roadless area f formed by Chief Dombeck that they conservation rule. But, the simple fact CLINTON ADMINISTRATION ROAD- would rather resolve the issue adminis- is that Judge Lodge ENJOINED all as- LESS POLICY: STILL AND ALWAYS tratively. pects of the roadless area conservation A BAD IDEA In May of 1999, then Vice President rule. ∑ Mr. CRAIG. Mr. President, I rise Al Gore, during a speech to the League Some have decried the fact that the today to discuss the issue of roadless of Conservation Voters stated that not Bush administration chose not to con- areas in our national forests and to dis- only would he eliminate all road build- test Judge Lodge’s decision in the cuss the manner in which the last ad- ing, but he would prohibit all timber Ninth Circuit Court of Appeals. They ministration developed their roadless harvesting in roadless areas. In effect claim this action by the Bush adminis- area conservation rule. Recently, the he announced the selection of the final tration is an attempt to rollback a OMB released a draft report on the alternative for the Clinton roadless much-needed environmental rule. I costs and benefits of Federal regula- area conservation rule before the draft think we would be wrong to draw this tions. In this report, the Clinton rulemaking had even begun. conclusion. The fact is that every ad- roadless rule is estimated at costing On October 13, 1999, President Clin- ministration faced with defending $164 million and saving only $219,000. I ton, speaking at Reddish Knob, VA, di- agency decisions in court examines find these numbers outrageous and add rected the Forest Service to develop each case on its merit and then decides this to the extensive list of reasons regulations to end road construction which course of action is best for the why this rule would hinder our rural and to protect inventoried and un- government.

VerDate 11-MAY-2000 06:42 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.079 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3163 In April of 2001 the Washington Legal derness like management regime on lenge the Clinton administration’s Foundation provided an analysis of the these lands. Think about States that roadless area conservation rule. Clinton administration’s failure to de- have one or more roadless areas that I want to finish up with a series of fend or appeal cases that went against the Federal Government is managing examples of the types of land and infra- its natural resource agencies during its as a quasi-wilderness. structure we have found in some of the 8 long years in office. Imagine for a moment that the State national forest roadless areas that we They found ‘‘13 occasions when the has a constitution that directs State examined. Interestingly, we found lit- Clinton administration refused to de- lands be managed to produce revenue tle or no evidence in the Forest Service fend resource management decisions of to pay for the operation and building of EIS to suggest that State, private, and its predecessors, choosing to accept an the schools in that State. Such as my other Federal landowners were notified injunction or remand from a U.S. Dis- home, the State of Idaho happens to by either national or local Forest Serv- trict Court rather than defend those have. Don’t you think that the State ice officials that this policy could af- decisions in a U.S. court of appeals.’’ will, in the face of this new roadless fect the National Forests that sur- [There are] ‘‘at least 28 other occa- area conservation rule, experience a round their lands. sions, when the Clinton administration new public expectation that they will Our staff analysis found some very refused to defend its own resource man- manage the State lands in a manner disturbing information. For instance, agement decisions in a court of appeals similar to the surrounding Forest Serv- on the Boise National Forest we found after receiving an injunction or remand ice roadless area. five roadless areas with forest develop- from a U.S. district court.’’ In the past, Let me take this scenario just one ment roads within them. We also found many of the last-minute rules promul- more step. Imagine that when Sally a fire tower and an FAA radar site in a gated by a variety of departments and and Joe come to Idaho to visit the Pan- RARE II roadless area, and as a result agencies have been pulled-back and re- handle National Forest to hike in the road maintenance and reconstruction viewed. We must realize that this is wilderness and roadless areas on that will no longer be allowed. normal and rational behavior when the forest. They have absolutely no idea, On the Panhandle National Forest in White House changes hands. nor do they care, that the State of Idaho, we found 13 roadless areas with So when it came to the roadless area Idaho has State lands in the Panhandle National Forest System Roads within conservation rule, the Bush adminis- National Forest that are surrounded by them, along with at least three mines, tration faced a rule that was rushed Roadless lands. They have no idea, nor one Forest Service campground and through the process, that impacted a do they care, that the State of Idaho one power line in one or more of the tremendous amount of land and people, by law must manage those lands to roadless areas. On the Superior National Forest in which had been, at least temporarily, generate a revenue stream to support the State of Minnesota, we found three struck down by the courts. its educational system. They arrive in roadless areas with National Forest I want to shift gears here and help the area knowing they are going into a System roads in them, along with four my colleagues better understand what roadless area where no timber har- public boat ramps, three Forest Service makes this issue so contentious. Be- vesting, or mining, or any other activi- campgrounds, and one mine in the yond the obvious questions of whether ties are allowed, and they stumble roadless areas. or not the process used to develop this upon a timber harvesting operation on On the Chequamegon-Nicolet Na- rule was honest and fair, we have to re- State lands. Most likely they don’t tional Forests in northern Wisconsin member that every rule and regulation even take the time to find out who’s we found 1,317 acres of private land and any administration undertakes im- land they are looking at. And why 2,886 acres of State lands within the pacts individuals in some local commu- should they, they came to the Pan- RARE II roadless areas. nity in our great country. As we have handle National Forest to hike in the On the Monongahela National Forest taken the time to learn more about wilderness. in West Virginia we found 10 RARE II how the Clinton roadless conservation If they are like most Americans they roadless areas that contain national rule was developed, it has become in- don’t know that national forests have a forest system roads, along with a pipe- creasingly clear to me how rushed the different set of rules than National line and parts of a railroad right-of- process was and how completely the Parks. Then we are off to the races. way within the roadless areas. One Forest Service failed to include a level They go home to New Jersey or Cali- roadless area that we examined was of detail needed by local people to as- fornia knowing in their hearts that the made up of 75 percent private property. sess how the policy might affect them U.S. Forest Service is carrying out a On the Dixie National Forest in the on an individual basis. secret timber sale program to cir- State of Utah we found 14 RARE II While one might be tempted to think cumvent the hard fought roadless area roadless areas with national forest sys- the Forest Service was knowingly hid- conservation rule that they have read tem roads within them, as well as one ing the details of its proposal, I think so much about in their monthly Sierra reservoir and one water pipeline in a we all must understand the enormity Club magazine. roadless area. of the task they undertook. They had a They then mount a campaign to end On the Gila National Forest, in the policy that covered over 60 million all commodity management on any State of New Mexico, 11 of the RARE II acres of our Nation. The last time they lands within the bounds of roadless roadless areas on that forest have na- attempted a similar policy, in RARE areas, no matter who owns those lands tional forest system roads within II, the environmentalists successfully and no matter what the legitimate them, as well as one that had a water sued and the courts found that the pol- goals of that State or private land- pipeline within it. icy failed to examine the proposal at owner might be. I will finish with the Pisgah National the local level and sent the Forest If a local government were going to Forest in North Carolina, where we Service back to the drawing board. change the zoning around your home found five areas with one or more na- Last summer, my staff took time to and failed to notify you of the change tional forest system roads within better understand why people are so or what it might mean, I imagine you them, and one roadless area with a upset over the roadless area conserva- would be skeptical about the process Federal Aviation Agency, FAA, micro- tion rule. We found nearly 43,500 acres used to develop the zoning rule. This is wave tower site in it. of State lands within the RARE II no different. The Forest Service devel- The point of going through this lit- roadless areas and more than 421,500 oped this rule in a very compressed any is to help my Senate colleagues acres of privately owned lands within time frame, with little or no descrip- better understand why national policy, these areas. This is important because, tion of the potential impacts of the such as this, can be better developed at like any neighborhood, how your rule at the local level. As a result a the local level, and to help put Judge neighbor manages his or her lands number of local communities and Edward Lodge’s decision, to stay the greatly impacts how and when you can States became so upset that they have implementation of this wrongheaded manage your land. gone to court to get this rule over- rule, in a better context. If implemented, the roadless area turned. To date there are at least nine We can, and will, continue to argue conservation rule would convey a wil- cases that have been brought to chal- over the environmental policies of this

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00053 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.029 pfrm04 PsN: S23PT1 S3164 CONGRESSIONAL RECORD — SENATE April 23, 2002 country in this body. There is room in PERIODIC REPORT ON THE NA- EC–6557. A communication from the Comp- this debate for opposing views. But in TIONAL EMERGENCY WITH RE- troller of the Currency, Administrator of Na- the case of the environmentalist con- SPECT TO SIGNIFICANT NAR- tional Banks, transmitting, pursuant to law, cerns on the Bush administrations new COTICS TRAFFICKERS CENTERED the report of a rule entitled ‘‘Risk-Based Capital Standards: Claims on Securities look at the roadless area conservation IN COLOMBIA—PM 81 Firms’’ (12 CFR Part 3) received on April 17, rule and their efforts to gain political The PRESIDING OFFICER laid be- 2002; to the Committee on Banking, Housing, support to ignore the courts on this fore the Senate the following message and Urban Affairs. issue, I would hope that none of us from the President of the United EC–6558. A communication from the Senior would want this, or any future admin- States, together with an accompanying Regulations Analyst, Office of the Secretary istration to ignore decisions made by report; which was referred to the Com- of Transportation, transmitting, pursuant to law, the report of a rule entitled ‘‘Procedures the Federal courts. mittee on Banking, Housing, and In closing, I applaud the efforts un- for Compensation of Air Carriers’’ ((RIN2105– Urban Affairs: AD06)(2002–0002)) received on April 16, 2002; to dertaken by this administration to To the Congress of the United States: the Committee on Commerce, Science, and take a careful look at this wrong- As required by section 401(c) of the Transportation. headed rule. I hope they listen to Judge National Emergencies Act, 50 U.S.C. EC–6559. A communication from the Prin- Lodge and any other court rulings that 1641(c) and 204(c) of the International cipal Deputy Associate Administrator of the result from the other cases. I am happy Emergency Economic Powers Act, 50 Environmental Protection Agency, transmit- to see that the new chief of the Forest U.S.C. 1703(c), I transmit herewith a 6- ting, pursuant to law, the report of a rule en- Service is more sensitive to local com- month periodic report that my Admin- titled ‘‘Sodium Starch Glycolate; Exemption munities and the private and State from the Requirement of a Tolerance’’ istration has prepared on the national (FRL6833–9) received on April 18, 2002; to the landowners who will be affected by this emergency with respect to significant Committee on Agriculture, Nutrition, and or any new roadless area policy.∑ narcotics traffickers centered in Co- Forestry. lombia that was declared in Executive EC–6560. A communication from the Ad- f Order 12978 of October 21, 1995. ministrator, Livestock and Seed Program, GEORGE BUSH. Agricultural Marketing Service, Department 87TH ANNIVERSARY OF THE THE WHITE HOUSE, April 23, 2002. of Agriculture, transmitting, pursuant to law, the report of a rule entitled ‘‘Lamb Pro- ARMENIAN GENOCIDE f motion, Research and Information Order’’ ∑ Mr. JOHNSON. Mr. President, tomor- MESSAGE FROM THE HOUSE ((Doc. No. LS–01–12)(RIN0581–AC06)) received row marks the 87th anniversary of the At 3:28 p.m., a message from the on April 17, 2002; to the Committee on Agri- start of the Armenian genocide, and I culture, Nutrition, and Forestry. House of Representatives, delivered by EC–6561. A communication from the Assist- rise today to honor the victims of this Ms. Niland, one of its reading clerks, horrific event. ant Secretary of Legislative Affairs, Depart- announced that pursuant to 15 U.S.C. ment of State, transmitting, pursuant to As we take time to reflect on this 1024(a), the Speaker appoints the fol- law, a report entitled ‘‘Cuban Immigration dark chapter of world history, I am not lowing Member of the House of Rep- Policies’’; to the Committee on Foreign Re- sure what is more troubling: The fact resentatives to the Joint Economic lations. that so many people no longer remem- Committee: Mr. HILL of Indiana. EC–6562. A communication from the Assist- ber the Armenian genocide, or that The message also announced that ant Secretary of Legislative Affairs, Depart- there are still people who deny it ever pursuant to section 801 of title 2 of the ment of State, transmitting, pursuant to law, Presidential Determination Number took place. To those who would deny United States Code, the minority lead- it, I refer them to the U.S. National 2002–14, relative to Palestine Liberation Or- er appoints the following Members to ganization; to the Committee on Foreign Re- Archives which contains thousands of the Congressional Recognition for Ex- lations. pages of source material proving the cellence in Arts Education Awards EC–6563. A communication from the Direc- Armenian genocide did occur. To those Board: Mr. HINCHEY of New York and tor, Fish and Wildlife Service, Department of who no longer remember, we must tell Ms. MCCOLLUM of Minnesota. the Interior, transmitting, pursuant to law, the report of a rule entitled ‘‘Endangered the story or face the possibility that f history may repeat itself. and Threatened Wildlife and Plants; Final On April 24, 1915, approximately 200 EXECUTIVE AND OTHER Designation of Critical Habitat for the San Armenian religious, political, and in- COMMUNICATIONS Bernardino Kangaroo Rat’’ (RIN1018–AH07) received on April 17, 2002; to the Committee tellectual leaders were arrested in Con- The following communications were on Environment and Public Works. stantinople and subsequently killed. laid before the Senate, together with EC–6564. A communication from the Prin- Shortly afterward, the entire Arme- accompanying papers, reports, and doc- cipal Deputy Associate Administrator of the nian people were forcibly removed from uments, which were referred as indi- Environmental Protection Agency, transmit- their homeland in present-day eastern cated: ting, pursuant to law, the report of a rule en- Turkey and deported. Over a million EC–6554. A communication from the Acting titled ‘‘Approval and Promulgation of Imple- and a half Armenians were killed or Assistant General Counsel for Regulatory mentation Plans; State of Missouri’’ died as a result of the deportation be- Services, Office of Educational Research and (FRL7175–3) received on April 18, 2002; to the Improvement, Department of Education, Committee on Environment and Public tween 1915 and 1923, and another 500,000 Works. were forced into exile. All told, one- transmitting, pursuant to law, the report of a rule entitled ‘‘Program of Research on EC–6565. A communication from the Prin- third of the Armenian population was Reading Comprehension—Notice of Final cipal Deputy Associate Administrator of the killed during this brutal episode. Priority’’ received on April 17, 2002; to the Environmental Protection Agency, transmit- Despite having their population deci- Committee on Health, Education, Labor, and ting, pursuant to law, the report of a rule en- mated and scattered into exile, the Ar- Pensions. titled ‘‘Arkansas: Final Authorization of menian people have been able to main- EC–6555. A communication from the Direc- State Hazardous Waste Management Pro- tain a rich culture and a strong sense tor, Policy Directives and Instructions gram Revisions’’ (FRL7173–7) received on Branch, Immigration and Naturalization April 18, 2002; to the Committee on Environ- of their own history. They should be ment and Public Works. proud of their many accomplishments Service, Department of Justice, transmit- ting, pursuant to law, the report of a rule en- EC–6566. A communication from the Prin- in the nearly nine decades since the titled ‘‘Release of Information Regarding cipal Deputy Associate Administrator of the genocide. It is with this strong sense of Immigration and Naturalization Service De- Environmental Protection Agency, transmit- the past that the Armenian people tainees in Non-Federal Facilities’’ (RIN1115- ting, pursuant to law, the report of a rule en- today are building a brighter future. AG67) received on April 17, 2002; to the Com- titled ‘‘Interim Final Determination that As we know all too well, the Arme- mittee on the Judiciary. State has Corrected the Rule Deficiencies nian genocide was the first, but not the EC–6556. A communication from the Sec- and Stay of Sanction in California, San Joa- last, genocide of the 20th Century. We retary of Health and Human Services and the quin Valley Unified Air Pollution Control Attorney General, transmitting jointly, pur- District’’ (FRL7174–2) received on April 18, join with the Armenian people to re- suant to law, the fifth Annual Report on the 2002; to the Committee on Environment and member the victims and to keep alive Health Care Fraud and Abuse Control Pro- Public Works. the memory to ensure such a tragic gram for Fiscal Year 2001; to the Committee EC–6567. A communication from the Prin- event never occurs again.∑ on Finance. cipal Deputy Associate Administrator of the

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00054 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.030 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3165 Environmental Protection Agency, transmit- S. 2229. A bill to amend title 38, United ADDITIONAL COSPONSORS ting, pursuant to law, the report of a rule en- States Code, to authorize a cost-of-living in- titled ‘‘Revisions to the California State Im- crease in rates of disability compensation S. 525 plementation Plan, Monterey Bay Unified and dependency and indemnity compensa- At the request of Mrs. FEINSTEIN, her Air Pollution Control District’’ (FRL7158–4) tion, and to revise the requirement for main- name was added as a cosponsor of S. received on April 18, 2002; to the Committee taining levels of extended-care services to 525, a bill to expand trade benefits to on Environment and Public Works. veterans; to the Committee on Veterans’ Af- certain Andean countries, and for other EC–6568. A communication from the Vice fairs. purposes. President for Legal Affairs, General Counsel By Mr. SPECTER (for himself and Mr. S. 659 and Corporate Secretary, Legal Services Cor- ROCKEFELLER): poration, transmitting jointly, pursuant to S. 2230. A bill to amend title 38, United At the request of Mr. CRAPO, the law, the Corporation’s report under the Gov- States Code, to make permanent the author- name of the Senator from Montana ernment in the Sunshine Act for calendar ity of the Secretary of Veterans Affairs to (Mr. BURNS) was added as a cosponsor year 2001; to the Committee on Govern- guarantee adjustable rate mortgages, to au- of S. 659, a bill to amend title XVIII of mental Affairs. thorize the guarantee of hybrid adjustable the Social Security Act to adjust the EC–6569. A communication from the Chair- rate mortgages, and for other purposes; to labor costs relating to items and serv- man of the Federal Election Commission, the Committee on Veterans’ Affairs. ices furnished in a geographically re- transmitting, pursuant to law, the Commis- By Mr. SPECTER (for himself and Mr. classified hospital for which reimburse- sion’s Performance Report for Fiscal Years ROCKEFELLER): 1999–2001; to the Committee on Govern- S. 2231. A bill to amend title 38, United ment under the medicare program is mental Affairs. States Code, to provide an incremental in- provided on a prospective basis. EC–6570. A communication from the Ad- crease in amounts of educational assistance S. 812 ministrator, General Service Administra- for survivors and dependents of veterans, and At the request of Mr. SCHUMER, the tion, transmitting, the Administrations for other purposes; to the Committee on Vet- names of the Senator from Michigan Strategic Plan dated April 3, 2002; to the erans’ Affairs. (Ms. STABENOW), the Senator from Mis- Committee on Governmental Affairs. By Mr. DAYTON: EC–6571. A communication from the Ad- S. 2232. A bill to amend title XVIII of the souri (Mrs. CARNAHAN), and the Senator ministrator, General Service Administra- Social Security Act to establish a program from Wisconsin (Mr. KOHL) were added tion, transmitting, pursuant to law, the An- to provide for medicate reimbursement for as cosponsors of S. 812, a bill to amend nual Performance Report for Fiscal Year health care services provided to certain the Federal Food, Drug, and Cosmetic 2001; to the Committee on Governmental Af- medicare-eligible veterans in facilities of the Act to provide greater access to afford- fairs. Department of Veterans Affairs; to the Com- able pharmaceuticals. mittee on Finance. f S. 999 By Mr. THOMAS (for himself, Mr. INGAMAN INTRODUCTION OF BILLS AND ROCKEFELLER, Mr. JEFFORDS, Mr. At the request of Mr. B , the JOINT RESOLUTIONS SPECTER, Mrs. CARNAHAN, Ms. SNOWE, names of the Senator from Vermont and Mr. CLELAND): (Mr. JEFFORDS) and the Senator from The following bills and joint resolu- S. 2233. A bill to amend title XVIII of the Oklahoma (Mr. INHOFE) were added as tions were introduced, read the first Social Security Act to establish a medicare cosponsors of S. 999, a bill to amend and second times by unanimous con- subvention demonstration project for vet- title 10, United States Code, to provide sent, and referred as indicated: erans; to the Committee on Finance. for a Korea Defense Service Medal to By Mr. MURKOWSKI: By Mrs. BOXER: be issued to members of the Armed S. 2222. A bill to resolve certain convey- S. 2234. A bill to amend the Public Health Service Act to provide for expanding, inten- Forces who participated in operations ances and provide for alternative land selec- in Korea after the end of the Korean tions under the Alaska Native Claims Settle- sifying, and coordinating activities of the Of- ment Act related to Cape Fox Corporation fice on Women’s Health in the Department of War. and Sealaska Corporation, and for other pur- Health and Human Services with respect to S. 1248 poses; to the Committee on Energy and Nat- autoimmune disease in women; to the Com- At the request of Mr. KERRY, the ural Resources. mittee on Health, Education, Labor, and name of the Senator from Oregon (Mr. Pensions. By Mr. WYDEN (for himself and Mr. WYDEN) was added as a cosponsor of S. SMITH of Oregon): 1248, a bill to establish a National S. 2223. A bill to provide for the duty-free f entry of certain tramway cars for use by the Housing Trust Fund in the Treasury of city of Portland, Oregon; to the Committee SUBMISSION OF CONCURRENT AND the United States to provide for the de- on Finance. SENATE RESOLUTIONS velopment of decent, safe, and afford- able, housing for low-income families, By Mr. LEAHY: The following concurrent resolutions S. 2224. A bill to repeal the Antidumping and for other purposes. and Senate resolutions were read, and Act of 1916; to the Committee on Finance. S. 1339 By Mr. LEVIN (for himself and Mr. referred (or acted upon), as indicated: At the request of Mr. CAMPBELL, the MURKOWSKI) (by request): By Mr. CORZINE: S. 2225. A bill to authorize appropriations S. Res. 248. A resolution concerning the name of the Senator from Utah (Mr. for fiscal year 2003 for military activities of rise of anti-Semitism in Europe; to the Com- BENNETT) was added as a cosponsor of Department of Defense, to prescribe military mittee on Foreign Relations. S. 1339, a bill to amend the Bring Them personnel strengths for fiscal year 2003, and By Mr. HATCH: Home Alive Act of 2000 to provide an for other purposes; to the Committee on S. Res. 249. A resolution designating April asylum program with regard to Amer- Armed Services. 30, 2002, as ‘‘Dia de los Ninos: Celebrating ican Persian Gulf War POW/MIAs, and By Mr. WELLSTONE: Young Americans’’, and for other purposes; for other purposes. S. 2226. A bill to require States to permit to the Committee on Finance. S. 1549 individuals to register to vote in an election By Ms. LANDRIEU: for Federal office on the date of the election; S. Res. 250. A resolution extending sym- At the request of Mr. LIEBERMAN, the to the Committee on Rules and Administra- pathy and condolences to the families of the name of the Senator from Virginia (Mr. tion. Canadian Soldiers who were killed and the ALLEN) was added as a cosponsor of S. By Mr. ROCKEFELLER: Canadian soldiers who were wounded on 1549, a bill to provide for increasing the S. 2227. A bill to clarify the effective date April 18, 2002, in Afghanistan, and to all of technically trained workforce in the of the modification of treatment for retire- the Canadian people; considered and agreed United States. ment annuity purposes of part-time services to. before April 7, 1986, of certain Department of By Mr. LOTT: S. 1616 Veterans Affairs health-care professionals; S. Res. 251. A resolution making Minority At the request of Mr. TORRICELLI, the to the Committee on Veterans’ Affairs. party appointments for the Committees on name of the Senator from New Mexico By Mr. ROCKEFELLER: Environment and Public Works and Govern- (Mr. BINGAMAN) was added as a cospon- S. 2228. A bill to amend title 38, United mental Affairs for the 107th Congress; con- sor of S. 1616, a bill to provide for inter- States Code, to authorize the Secretary of sidered and agreed to. est on late payments of health care Veterans Affairs to operate up to 15 centers By Mr. DODD: claims. for mental illness research, education, and S. Con. Res. 102. A concurrent resolution clinical activities; to the Committee on Vet- proclaiming the week of May 14 through May S. 1683 erans’ Affairs. 11, 2002, as ‘‘National Safe Kids Week’’; to At the request of Mr. HARKIN, the By Mr. ROCKEFELLER (by request): the Committee on the Judiciary. name of the Senator from Illinois (Mr.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00055 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.042 pfrm04 PsN: S23PT1 S3166 CONGRESSIONAL RECORD — SENATE April 23, 2002 FITZGERALD) was added as a cosponsor erans’ disability compensation from S. RES. 246 of S. 1683, a bill to amend the Emer- taking affect, and for other purposes. At the request of Mr. CAMPBELL, the gency Food Assistance Act of 1983 to S. 2053 names of the Senator from North Caro- permit States to use administrative At the request of Mr. FRIST, the lina (Mr. HELMS) and the Senator from funds to pay costs relating to the proc- name of the Senator from Texas (Mrs. Louisiana (Ms. LANDRIEU) were added essing, transporting, and distributing HUTCHISON) was added as a cosponsor of as cosponsors of S. Res. 246, a resolu- to eligible recipient agencies of do- S. 2053, a bill to amend the Public tion demanding the return of the USS nated wild game. Health Service Act to improve immu- Pueblo to the United States Navy. S. 1686 nization rates by increasing the dis- S. RES. 247 At the request of Mr. KENNEDY, the tribution of vaccines and improving At the request of Ms. STABENOW, her name of the Senator from Minnesota and clarifying the vaccine injury com- name was added as a cosponsor of S. (Mr. DAYTON) was added as a cosponsor pensation program, and for other pur- Res. 247, a resolution expressing soli- of S. 1686, a bill to amend title XVIII of poses. darity with Israel in its fight against the Social Security Act to provide for S. 2187 terrorism. patient protection by limiting the At the request of Mr. ROCKEFELLER, At the request of Mr. EDWARDS, his number of mandatory overtime hours a the name of the Senator from Pennsyl- name was added as a cosponsor of S. nurse may be required to work in cer- vania (Mr. SPECTER) was added as a co- Res. 247, supra. tain providers of services to which pay- sponsor of S. 2187, a bill to amend title At the request of Mrs. CARNAHAN, her ments are made under the medicare 38, United States Code, to authorize name was added as a cosponsor of S. program. the Secretary of Veterans Affairs to Res. 247, supra. At the request of Mr. LIEBERMAN, the S. 1934 furnish health care during a major dis- names of the Senator from Wisconsin At the request of Ms. MIKULSKI, the aster or medical emergency, and for (Mr. FEINGOLD), the Senator from Flor- name of the Senator from Virginia (Mr. other purposes. ida (Mr. GRAHAM), the Senator from ALLEN) was added as a cosponsor of S. S. 2189 Arizona (Mr. KYL), the Senator from 1934, a bill to amend the Law Enforce- At the request of Mr. ROCKEFELLER, Louisiana (Ms. LANDRIEU), the Senator ment Pay Equity Act of 2000 to permit the name of the Senator from Massa- from Michigan (Mr. LEVIN), the Sen- certain annuitants of the retirement chusetts (Mr. KERRY) was added as a ator from Maryland (Ms. MIKULSKI), programs of the United States Park cosponsor of S. 2189, a bill to amend the and the Senator from Florida (Mr. NEL- Police and United States Secret Serv- Trade Act of 1974 to remedy certain ef- SON) were added as cosponsors of S. ice Uniformed Division to receive the fects of injurious steel imports by pro- Res. 247, supra. adjustments in pension benefits to tecting benefits of steel industry retir- S. CON. RES. 84 which such annuitants would otherwise ees and encouraging the strengthening At the request of Mr. SCHUMER, the be entitled as a result of the conversion of the American steel industry. name of the Senator from South Da- of members of the United Stats Park S. 2194 kota (Mr. DASCHLE) was added as a co- Police and United States Secret Serv- At the request of Mrs. CARNAHAN, her sponsor of S. Con. Res. 84, a concurrent ice Uniformed Division to a new salary name was added as a cosponsor of S. resolution providing for a joint session schedule under the amendments made 2194, a bill to hold accountable the Pal- of Congress to be held in New York by such Act. estine Liberation Organization and the City, New York. S. 1945 Palestinian Authority, and for other AMENDMENT NO. 3140 At the request of Mr. JOHNSON, the purposes. At the request of Mr. NELSON of Ne- name of the Senator from Minnesota At the request of Mrs. FEINSTEIN, the braska, the name of the Senator from (Mr. DAYTON) was added as a cosponsor names of the Senator from Florida (Mr. Louisiana (Mr. BREAUX) was added as a of S. 1945, a bill to provide for the NELSON) and the Senator from Alaska cosponsor of amendment No. 3140 in- merger of the bank and savings asso- (Mr. MURKOWSKI) were added as cospon- tended to be proposed to S. 517, a bill to ciation deposit insurance funds, to sors of S. 2194, supra. authorize funding the Department of modernize and improve the safety and S. 2200 Energy to enhance its mission areas fairness of the Federal deposit insur- At the request of Mr. BAUCUS, the through technology transfer and part- ance system, and for other purposes. names of the Senator from Arkansas nerships for fiscal years 2002 through S. 1992 (Mr. HUTCHINSON) and the Senator from 2006, and for other purposes. At the request of Mrs. MURRAY, the Kansas (Mr. BROWNBACK) were added as AMENDMENT NO. 3258 name of the Senator from Maine (Ms. cosponsors of S. 2200, a bill to amend At the request of Mr. FITZGERALD, SNOWE) was withdrawn as a cosponsor the Ineternal Revenue Code of 1986 to the name of the Senator from Okla- of S. 1992, a bill to amend the Employee clarify that the parsonage allowance homa (Mr. NICKLES) was added as a co- Retirement Income Security Act of exclusion is limited to the fair rental sponsor of amendment No. 3258 in- 1974 to improve diversification of plan value of the property. tended to be proposed to S. 517, a bill to assets for participants in individual ac- S. 2201 authorize funding the Department of count plans, to improve disclosure, ac- At the request of Mr. HOLLINGS, the Energy to enhance its mission areas count access, and accountability under name of the Senator from New Jersey through technology transfer and part- individual account plans, and for other (Mr. TORRICELLI) was added as a co- nerships for fiscal years 2002 through purposes. sponsor of S. 2201, a bill to protect the 2006, and for other purposes. S. 2026 online privacy of individuals who use f At the request of Mr. LUGAR, the the Internet. name of the Senator from Florida (Mr. S. 2215 STATEMENTS ON INTRODUCED NELSON) was added as a cosponsor of S. At the request of Mrs. CARNAHAN, her BILLS AND JOINT RESOLUTIONS 2026, a bill to authorize the use of Coop- name was added as a cosponsor of S. By Mr. MURKOWSKI: erative Threat Reduction funds for 2215, a bill to halt Syrian support for S. 2222. A bill to resolve certain con- projects and activities to address pro- terrorism, end its occupation of Leb- veyances and provide for alternative liferation threats outside the states of anon, stop its development of weapons land selections under the Alaska Na- the former Soviet Union, and for other of mass destruction, cease its illegal tive Claims Settlement Act related to purposes. importation of Iraqi oil, and by so Cape Fox Corporation and Sealaska S. 2051 doing hold Syria accountable for its Corporation, and for other purposes; to At the request of Mr. REID, the name role in the Middle East, and for other the Committee on Energy and Natural of the Senator from Massachusetts purposes. Resources. (Mr. KERRY) was added as a cosponsor At the request of Mrs. BOXER, the Mr. MURKOWSKI. Mr. President, I of S. 2051, a bill to remove a condition name of the Senator from Georgia (Mr. rise today to introduce legislation that preventing authority for concurrent re- CLELAND) was added as a cosponsor of will address an equity issue for one of ceipt of military retired pay and vet- S. 2215, supra. Alaska’a rural village corporations.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.044 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3167 Cape Fox Corporation is an Alaska and will consolidate Forest Service Last December, Congress passed the Village Corporation organized pursuant holdings in the George Inlet area of Re- Department of Veterans Affairs Health to the Alaska Native Claims Settle- villa Island. The Forest Service sup- Care Programs Enhancement Act of ment Act, ANCSA, by the Native Vil- ports the transfer of these lands back 2001. Enacted as Public Law 107–135, lage of Saxman, near Ketchikan, AK. to Federal ownership. this legislation gave VA several tools As with other ANCSA village corpora- The land exchange provisions of this to respond to the looming nurse crisis. tions in Southeast Alaska, Cape Fox bill will help rectify the long-standing In addition, it altered how part-time was limited to selecting 23,040 acres inequities associated with restrictions service performed by certain title 38 under Section 16 of ANCSA. However, placed on Cape Fox in ANCSA. It will employees would be considered when unlike other village corporations, Cape help allow this Native village corpora- granting retirement credit. Fox was further restricted from select- tion to make the transition from its Previously, the law required that ing lands within six miles of the bound- major dependence on timber harvest to title 38 employees’ part-time services ary of the home rule City of Ketchikan. a more diversified portfolio of income- prior to April 7, 1986, be prorated when All other ANCSA corporations were re- producing lands. calculating retirement annuities, re- stricted from selecting within two The bill also provides for the resolu- sulting in lower annuities for these em- miles of such a home rule city. tion of a long-standing land ownership ployees. Section 132 of the VA Health The six mile restriction went beyond problem within the Tongass National Programs Enhancement Act was in- protecting Ketchikan’s watershed and Forest. The predominant private land- tended to exempt all previously retired damaged Cape Fox by preventing the owner in the region, Sealaska Corpora- registered nurses, physician assistants, corporation from selecting valuable tion, holds the subsurface estate on and expanded-function dental auxil- timber lands, industrial sites, and several thousand acres of National For- iaries from this requirement. However, other commercial property, not only in est System lands. This split estate the Office of Personnel Management its core township but in surrounding poses a management problem which has interpreted this provision to only lands far removed from Ketchikan and the Forest Service has long sought to apply to those health care profes- its watershed. As a result of the six resolve. Efforts to address this issue go sionals who retire after its enactment mile restriction, only the mountainous back more than a decade. Provisions in date. northeast corner of Cape Fox’s core the Cape Fox Land Entitlement Ad- The legislation I introduce today township, which is nonproductive and justment Act of 2002 will allow the would require OPM to comply with the of no economic value, was available for agency to consolidate its surface and original intent of the VA Health Pro- selection by the corporation. Under subsurface estate and greatly enhance grams Enhancement Act, and therefore ANCSA, however, Cape Fox was re- its management effectiveness and effi- to recalculate the annuities for these quired to select this parcel. ciency in the Tongass National Forest. retired health care professionals. This Cape Fox’s land selections were fur- I urge my colleagues to support this clarification would not extend retire- ther limited by the fact that the An- important legislation. ment benefits retroactively to the date nette Island Indian Reservation is By Mr. WYDEN (for himself and of retirement, but would ensure that within its selection area, and those annuities are calculated fairly from Mr. SMITH of Oregon): lands were unavailable for ANCSA se- S. 2223. A bill to provide for the duty- now on for eligible employees who re- lection. Cape Fox is the only ANCSA free entry of certain tramway cars for tired between April 7, 1986, and Janu- village corporation affected by this re- use by the city of Portland, Oregon; to ary 23, 2002. striction. the Committee on Finance. I ask my colleagues to join me in re- Clearly, Cape Fox was placed on un- Mr. WYDEN. Mr. President, I rise storing our original legislative intent equal economic footing relative to today to introduce legislation to ex- to this issue of fairness for retired VA other village corporations in Southeast tend an import duty suspension for the health care professionals, and ask Alaska. Despite its best efforts during Central City Streetcar in the City of unanimous consent that the text of the the years since ANCSA was signed into Portland, OR. The City of Portland bill be printed in the RECORD. law, Cape Fox has been unable to over- purchases the streetcars from a manu- There being no objection, the bill was come the disadvantage the law built facturer in the Czech Republic. Pre- ordered to be printed in the RECORD, as into its land selection opportunities by vious streetcar shipments were duty- follows: this inequitable treatment. free under legislation granting special S. 2227 To address the inequity, I have intro- status to the exporting nation, the Be it enacted by the Senate and House of Rep- duced the ‘‘Cape Fox Land Entitlement Czech Republic. The City has ordered resentatives of the United States of America in Congress assembled, Adjustment Act of 2002.’’ This bill will two new streetcars which will be address the Cape Fox problem by pro- SECTION 1. EFFECTIVE DATE OF MODIFICATION shipped on May 1, 2002. However, that OF TREATMENT FOR RETIREMENT viding three interrelated remedies. duty-free exemption has expired, add- ANNUITY PURPOSES OF CERTAIN 1. The obligation of Cape Fox to se- ing $130,000 to the price of these street- PART-TIME SERVICE OF CERTAIN lect and seek conveyance of the ap- DEPARTMENT OF VETERANS AF- cars. This legislation will provide duty- FAIRS HEALTH-CARE PROFES- proximately 160 acres of unusable land free entry for those two streetcars or- in the mountainous northeast corner of SIONALS. dered by the City of Portland, thus sav- (a) EFFECTIVE DATE.—The effective date of Cape Fox’s core township will be an- ing the City of Portland $130,000. the amendment made by section 132 of the nulled. I am pleased to be joined by my col- Department of Veterans Affairs Health Care 2. Cape Fox will be allowed to select league from Oregon, Senator SMITH, in Programs Enhancement Act of 2001 (Public and the Secretary of Agriculture will introducing this bipartisan legislation Law 107–135; 115 Stat. 2454) shall be as fol- lows: be directed to convey 99 acres of timber to provide this duty suspension for the land adjacent to Cape Fox’s current (1) January 23, 2002, in the case of health City of Portland’s Central City Street- care professionals referred to in subsection holdings on Revilla Island. car. I urge all my colleagues to support 3. Cape Fox and the Secretary of Ag- (c) of section 7426 of title 38, United States this legislation. Code (as so amended), who retire on or after riculture will be authorized to enter that date. into an equal value exchange of lands By Mr. ROCKEFELLER: (2) The date of the enactment of this Act, in southeast Alaska that will be of mu- S. 2227. A bill to clarify the effective in the case of health care professionals re- tual benefit to the Corporation and the date of the modification of treatment ferred to in such subsection (c) who retired U.S. Forest Service. Lands conveyed to for retirement annuity purposes of before January 23, 2002, but after April 7, Cape Fox in this exchange will not be part-time services before April 7, 1986, 1986. timberlands, but will be associated of certain Department of Veterans Af- (b) RECOMPUTATION OF ANNUITY.—The Of- with a mining property containing ex- fice of Personnel Management shall recom- fairs health-care professionals; to the pute the annuity of each health-care profes- isting Federal mining claims, some of Committee on Veterans’ Affairs. sional described in the first sentence of sub- which are patented. Lands anticipated Mr. ROCKEFELLER. Mr. President, I section (c) of section 7426 of title 38, United to be returned to Forest Service owner- introduce legislation today to fix a States Code (as so amended), who retired be- ship will be of wildlife habitat value long-standing inequity. fore January 23, 2002, but after April 7, 1986,

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00057 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.050 pfrm04 PsN: S23PT1 S3168 CONGRESSIONAL RECORD — SENATE April 23, 2002 in order to take into account the amendment I ask unanimous consent that the There being no objection, the mate- made by section 132 of the Department of text of the bill be printed in the rial was ordered to be printed in the Veterans Affairs Health Care Programs En- RECORD. RECORD, as follows: hancement Act of 2001. Such recomputation There being no objection, the bill was shall be effective only with respect to annu- S. 2229 ities paid after the date of the enactment of ordered to be printed in the RECORD, as Be it enacted by the Senate and House of Rep- this Act, and shall apply beginning the first follows: resentatives of the United States of America in day of the first month beginning after the S. 2228 Congress assembled, date of the enactment of this Act. Be it enacted by the Senate and House of Rep- SECTION 1. SHORT TITLE; REFERENCES TO TITLE resentatives of the United States of America in 38, UNITED STATES CODE. By Mr. ROCKEFELLER: Congress assembled, (a) SHORT TITLE.—This Act may be cited as SECTION 1. AUTHORITY OF SECRETARY OF VET- the ‘‘Veterans Benefits Improvement Act of S. 2228. A bill to amend title 38, ERANS AFFAIRS TO OPERATE ADDI- 2002’’. United States Code, to authorize the TIONAL CENTERS FOR MENTAL ILL- (b) REFERENCES.—Except as otherwise ex- Secretary of Veterans Affairs to oper- NESS RESEARCH, EDUCATION, AND pressly provided, whenever in this Act an CLINICAL ACTIVITIES. ate up to 15 centers for mental illness amendment or repeal is expressed in terms of Section 7320(b)(3) of title 38, United States an amendment to, or repeal of, a section or research, education, and clinical ac- Code, is amended by striking ‘‘five centers’’ other provision, the reference shall be con- tivities; to the Committee on Veterans’ and inserting ‘‘15 centers’’. Affairs. sidered to be made to a section or other pro- Mr. ROCKEFELLER. Mr. President, I By Mr. ROCKEFELLER (by re- vision of title 38, United States Code. introduce legislation today to allow re- quest): TITLE I—INCREASE IN COMPENSATION searchers and clinicians in the Depart- S. 2229. A bill to amend title 38, RATES AND LIMITATIONS ment of Veterans Affairs to establish United States Code, to authorize a SEC. 101. INCREASE IN COMPENSATION RATES up to ten more centers to study and cost-of-living increase in rates of dis- AND LIMITATIONS. treat mental illnesses. ability compensation and dependency (a) RATE ADJUSTMENT.—The Secretary of Historically, as many as one-third of Veterans Affairs shall, effective on December and indemnity compensation, and to 1, 2002, increase the dollar amounts in effect veterans seeking care at VA have re- revise the requirement for maintaining for the payment of disability compensation ceived mental health treatment, and levels of extended-care services to vet- and dependency and indemnity compensa- research suggests that serious mental erans; to the Committee on Veterans’ tion (DIC) by the Secretary, as specified in illnesses affect at least one-fifth of vet- Affairs. subsection (b). erans who use the VA health care sys- Mr. ROCKEFELLER. Mr. President, (b) AMOUNTS TO BE INCREASED.—The dollar tem. About 450,000 of the approxi- today I introduce legislation requested amounts to be increased pursuant to sub- mately 2.3 million veterans who re- by the Secretary of Veterans Affairs, section (a) are the following: ceive compensation from VA have serv- as a courtesy to the Secretary and the (1) COMPENSATION.—The dollar amounts in ice-connected psychiatric and neuro- effect under section 1114 of title 38, United Department of Veterans Affairs, VA. States Code. logical disorders. These statistics do Except in unusual circumstances, it is (2) ADDITIONAL COMPENSATION FOR DEPEND- not reflect problems that affect vet- my practice to introduce legislation re- ENTS.—The dollar amounts in effect under erans alone: in 1999, the Surgeon Gen- quested by the Administration so that section 1115(1) of such title. eral of the United States reported that such measures will be available for re- (3) CLOTHING ALLOWANCE.—The dollar mental disorders account for more view and consideration. amount in effect under section 1162 of such than 15 percent of the overall burden of This ‘‘by-request’’ bill contains two title. disease from all causes, slightly more sections. The first would authorize the (4) NEW DIC RATES.—The dollar amounts in than all forms of cancer. Major depres- Secretary of Veterans Affairs to in- effect under paragraphs (1) and (2) of section 1311(a) of such title. sion alone ranked second only to heart crease administratively the rates of (5) OLD DIC RATES.—The dollar amounts in disease in impact. compensation for service-disabled vet- effect under paragraph (3) of section 1311(a) In 1996, Congress authorized VA to es- erans, and for the dependent survivors of such title. tablish five centers dedicated to men- of veterans whose deaths were service- (b) ADDITIONAL DIC FOR SURVIVING SPOUSES tal illness research, education, and related, beginning this December. The WITH MINOR CHILDREN.—The dollar amount in clinical activities. These Mental Illness rate of increase, as requested by VA in effect under section 1311(b) of such title. Research, Education, and Clinical Cen- its proposed budget for FY 2003, would (7) ADDITIONAL DIC FOR DISABILITY.—The ters, called ‘‘MIRECCs’’ by VA, inte- be the same as the cost-of-living ad- dollar amounts in effect under sections 1311(c) and 1311(d) of such title. grate basic and clinical research with a justment provided under current law to (8) DIC FOR DEPENDENT CHILDREN.—The dol- training mission that allows VA to veterans’ pension and Social Security lar amounts in effect under sections 1313(a) translate new findings into improved recipients. and 1314 of such title. patient care. Research undertaken The second section of this bill would (c) DETERMINATION OF INCREASE.—(1) The within these centers has helped to in- allow VA to change the way that it cal- increase under subsection (a) shall be made crease our fundamental understanding culates the number of veterans receiv- in the dollar amounts specified in subsection of mental illnesses, and has given VA ing VA long-term care. In 1999, Con- (b) as in effect on November 30, 2002. caregivers more and better tools to gress passed the Veterans Millennium (2) Except as provided in paragraph (3), each such amount shall be increased by the treat patients with mental disorders so Health Care Benefits Act, which re- same percentage as the percentage by which they can function more easily within quired VA to maintain the level of ex- benefit amounts payable under title II of the their communities. tended care services offered to veterans Social Security Act (42 U.S.C. 401 et seq.) are Because they have proved so effective at the 1998 level. VA has argued that increased effective December 1, 2002, as a re- at fostering scientific, clinical, and this law, based on the average daily sult of a determination under section 215(i) educational improvements in mental census in VA-operated nursing homes, of such Act (42 U.S.C. 415(i)). health care, I have introduced legisla- unfairly ignores care provided through (3) Each dollar amount increased pursuant tion today that would allow VA to ex- contracts with private nursing homes to paragraph (2) shall, if not a whole dollar pand the number of these centers from amount, be rounded down to the next lower and by VA-subsidized State nursing whole dollar amount. the five authorized programs to a pos- homes. The requested bill would amend (d) SPECIAL RULE.—The Secretary may ad- sible total of fifteen. Based on the pro- the law to include nursing home care just administratively, consistent with the grams’ success, VA researchers have al- furnished by community providers and increases made under subsection (a), the ready started three more centers, ex- State veterans homes when deter- rates of disability compensation payable to panding the number of existing pro- mining whether VA has maintained ex- persons within the purview of section 101 of grams to eight, and have demonstrated tended care services at the mandated Public Law 85–857 (72 Stat. 1263) who are not their willingness to open more in the 1998 level. in receipt of compensation payable pursuant near future. I urge my colleagues to I ask unanimous consent that the to chapter 11 of title 38, United States Code. (e) PUBLICATION REQUIREMENT.—At the join me in supporting the expansion of text of the bill and Secretary Principi’s same time as the matters specified in section this program, which benefits not only transmittal letter that accompanied 215(i)(2)(D) of the Social Security Act (42 veterans but the entire mental health the draft legislation be printed in the U.S.C. 415(i)(2)(D)) are required to be pub- care community. RECORD. lished by reason of a determination made

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00058 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.061 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3169 under section 215(i) of such Act during fiscal amend the law as it applies to nursing home briefly on legislation I am introducing year 2003, the Secretary shall publish in the care to allow VA to also count nursing home which will help many veterans achieve Federal Register the amounts specified in care VA procures in the community, and the dream of home ownership. The leg- subsection (b) as increased under this sec- supports in State nursing homes, when de- islation would permit the Department tion. termining whether the Department is main- of Veterans Affairs, VA, to guarantee TITLE II—HEALTH MATTERS taining its level of effort in providing such care. adjustable rate mortgage, ARM, loans SEC. 201. NURSING HOME STAFFING LEVELS. For more than 30 years, VA has provided as part of its loan guaranty program. Section 1710B(b) is amended to read as fol- veterans with nursing home care through The legislation would also give VA the lows: contracts with private sector nursing homes authority to guarantee a relatively ‘‘(b)(1) The Secretary shall ensure that the and by paying states per diem for nursing new type of ARM financing, ‘‘hybird’’ staffing and level of extended care services, home care furnished in State nursing homes. excluding nursing home care, provided by ARM loans. Hybrid ARM’s provide a Of the total amount of VA-supported nursing fixed rate of interest during the first the Secretary nationally in facilities of the home care in FY 2000, VA furnished approxi- Department during any fiscal year is not less mately thirty-eight percent directly in VA- three to ten years of the loan, and an than the staffing and level of such services operated, nursing homes. VA supported ap- annual interest rate adjustment there- provided nationally in facilities of the De- proximately twelve percent through con- after. Both conventional ARM’s and partment during fiscal year 1998. tracts with private nursing homes, and fifty hybrid ARM’s would expand the financ- ‘‘(2) The Secretary shall ensure that the percent through care furnished in State ing options available to veterans, op- average daily census in nursing homes over nursing homes. tions which are currently available which the Secretary has direct jurisdiction, VA also provides up to sixty-five percent of under Federal Housing Administration, plus the average daily census of veterans the cost of construction of State nursing placed by the Secretary in community nurs- homes. That has encouraged the expansion of FHA, insured loan programs for non- ing homes pursuant to a contract, plus the the State Home Program to the point that veterans. average daily census of veterans for which there are currently 108 such homes nation- The VA loan guaranty benefit has the Secretary pays per diem to States for wide. The availability of the State Home helped millions of active duty service nursing home care in a State nursing home, Program and the contract program has im- members and veterans to purchase is not less in total than in fiscal year 1998.’’. proved veterans’ access to nursing home homes without a down payment. VA care, and has provided veterans with greater currently provides a guaranty only on THE SECRETARY OF VETERANS AFFAIRS, choice to meet both clinical needs and pref- loans applying a fixed rate of interest Washington, April 18, 2002. erences of placement near family. We believe over a thirty year period, so-called ‘‘30- it is appropriate and these two sources of Hon. RICHARD B. CHENEY, year conventional’’ loans. While a 30- President of the Senate, nursing home care be counted when assess- Washington, DC. ing the effort VA puts into nursing home year conventional loan makes sense for DEAR MR. PRESIDENT: Enclosed is a draft care. some home buyers, it does not provide bill containing two very important compo- Increasing the FY 2002 average daily cen- the flexibility others need given dif- nents of the President’s FY 2003 budget re- sus in VA nursing homes to 1998 levels would fering personal circumstances. ARM quest for the Department of Veterans Af- require us to divert to that program large loans and hybrid ARM loans provide fairs: legislation to (1) authorize a cost of amount of funds VA currently devotes to that flexibility. living increase in rates of disability com- other health-care purposes, including pay- Traditional ARM and hybrid ARM pensation and dependency and indemnity ments for community nursing-home care, and grants to construct State nursing loans provide flexibility by offering compensation, and (2) revise the requirement homes. However, as stated above, the com- lower rates of interest during an initial for maintaining levels of extended-care serv- munity and State nursing home programs period, one year for traditional ARM’s ices to veterans. I request that this bill be enable VA to offer veterans both choice and and three, five, seven, or ten years for referred to the appropriate committee for access to care closer to loved ones, values hybrid ARM’s, as compared to 30-year prompt consideration and enactment. that VA does not want to jeopardize. Using Section 101 of the draft bill would direct conventional rates. Lower rates trans- other extended care funds to immediately late into lower monthly payments, the Secretary of Veterans Affairs to increase move to achieve 1998 levels could jeopardize administratively the rates of compensation the excellent mix of those other services often making a home more affordable for service-disabled veterans and of depend- that VA now offers. The Department now and permitting home buyers to qualify ency and indemnity compensation (DIC) for provides veterans a balanced program of ex- for loans. In addition, hybrid ARM’s the survivors of veterans whose deaths are tended care services that best meets their have another attractive aspect in that service related, effective December 1, 2002. needs. It would greatly disserve veterans to they provide the security of a lower in- As provided in the President’s FY 2003 budg- dramatically shift funding to meet the stric- terest rate for a fixed number of years et request, the rate of increase would be the tures of the current requirement for provi- same as the cost-of-living adjustment prior to the annual adjustment period. sion of care in VA-operated nursing homes, Service members and veterans who (COLA) that will be provided under current particularly when the cost of contract nurs- law to veterans’ pension and Social Security ing homes care is significantly less than the know beforehand they will be moving recipients, which is currently estimated to cost of providing care in VA facilities. out of their homes in a set number of be 1.8 percent. Enactment of our proposal would permit us years may find hybrid ARM’s make fi- We estimate that enactment of this section to continue the overall FY 1998 level of effort nancial sense given their cir- would cost $279 million during FY 2003, $1.66 for this care as measured by average daily cumstances. While home buyers must billion over the period FY 2003–2007 and $3.45 census, without the need to divert an esti- be prudent in choosing to use ARM fi- billion over the period FY 2003–2012. Al- mated $161.2 million by the end of FY 2004 though this section is subject to the pay-as- from resources which would otherwise be nancing, foreclosing the option to vet- you-go (PAYGO) requirement of the Omnibus available to meet other critical health-care erans, in my estimation, smacks of pa- Budget Reconciliation Act of 1990 (OBRA), needs. ternalism. ARM loans are insured by the PAYGO effect would be zero because We are advised by the Office of Manage- FHA; my legislation would simply OBRA requires that the full compensation ment and Budget that there is no objection apply to the VA loan guaranty pro- COLA be assumed in the baseline. We believe to the transmittal of this draft bill to the gram a principle already embraced by this proposed COLA is necessary and appro- Congress and its enactment would be in ac- FHA and the commercial lending sec- priate in order to protect the benefits of af- cord with the program of the President. fected veterans and their survivors from the Sincerely yours, tor: one type of financing does not eroding effects of inflation. These worthy ANTHONY J. PRINCIPI. meet all home buyer needs. beneficiaries deserve no less. This bill would also extend certain Section 201 of the draft bill would amend By Mr. SPECTER (for himself protections to veterans who use ARM section 1710B(b) of title 38, United States and Mr. ROCKEFELLER): financing. During an annual interest Code, to revise the statutory requirement S. 2230. A bill to amend title 38, rate adjustment period, rates would that the Secretary continue to provide vet- United States Code, to make perma- not be permitted to increase more than erans with extended care services at 1998 lev- nent the authority of the Secretary of one percent. Further, interest rates els. Current law, established in the 1999 Vet- Veterans Affairs to guarantee adjust- would not be permitted to exceed more erans Millennium and Health Care Benefits able rate mortgages, to authorize the than five percentage points above the Act, requires VA to maintain the staffing and level of extended care services provided guarantee of hybrid adjustable rate initial fixed rate. These are standards by the Department nationally in facilities of mortgages, and for other purposes; to that have evolved in the marketplace the Department at levels not less than the the Committee on Veterans’ Affairs. over the past 20 years; veterans, like staffing and level of such services provided Mr. SPECTER. Mr. President, I have other home purchasers, should gain the nationally during FY 1998. We propose to sought recognition today to comment benefit of these protections

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.064 pfrm04 PsN: S23PT1 S3170 CONGRESSIONAL RECORD — SENATE April 23, 2002 The VA supports the addition of an which would increase educational as- but SAA responsibilities have grown. ARM option to its loan guaranty pro- sistance benefits for two highly worthy Most recently, Public Law 107–103 gram. It administered a successful, and groups: survivors of service members tasked the SAAs with veteran and popular, ARM pilot program in the mid who were killed on active duty or who servicemember outreach in each state, 1990’s; the program was so popular that died after service as consequence of and expanded the scope of education ARM’s constituted up to 21 percent in service-related disabilities; and imme- programs which SAAs must review and 1995, of VA-guaranteed home loans. Un- diate family members of veterans who approve. My legislation would provide fortunately,the program was not reau- survived service but who are living an increase, from $14 million to $18 mil- thorized by Congress. The time has ar- with permanent and total disabilities. lion in fiscal year 2003, to address the rived to rectify that oversight. I ask No one can doubt that spouses and loss of purchasing power absorbed by my colleagues for their support. children of service-deceased members SAAs over the last decade, and to ade- I ask unanimous consent that the of the armed forces are worthy of our quately fund the additional respon- text of the bill be printed in the Nation’s gratitude. No less worthy are sibilities SAAs have been given. RECORD. those whose veteran-spouse returned I hope there will be unanimous sup- There being no objection, the bill was from service in a profoundly disabled port for this legislation. Our troops in ordered to be printed in the RECORD, as state and, in many cases, later died as Afghanistan and elsewhere need to follows: a direct result of that same disability. know that if they die or are seriously S. 2230 It is entirely proper that the Nation injured on the battlefield, their loved Be it enacted by the Senate and House of Rep- provide these worthy people with suffi- ones will be cared for. This legislation resentatives of the United States of America in cient educational assistance benefits to will assure that survivors’ needs in the Congress assembled, offset the loss of support that would critical area of education will be met. SECTION 1. AUTHORITY OF SECRETARY OF VET- have been provided by the veteran but I ask unanimous consent that the ERANS AFFAIRS TO GUARANTEE AD- for his or her service-related wounds. text of the bill be printed in the JUSTABLE RATE MORTGAGES AND The legislation I introduce today HYBRID ADJUSTABLE RATE MORT- Record. GAGES. would increase the rate of monthly There being no objection, the bill was (a) PERMANENT AUTHORITY TO GUARANTEE Survivors’ and Dependents’ Education ordered to be printed in the RECORD, as ADJUSTABLE RATE MORTGAGES.—Subsection Assistance, DEA, benefits from $670 to follows: (a) of section 3707 of title 38, United States $985. The increase would be phased in S. 2231 Code, is amended to read as follows: over a two-year period, and would re- Be it enacted by the Senate and House of Rep- ‘‘(a) The Secretary may guarantee adjust- flect the same phased-in increase pro- resentatives of the United States of America in able rate mortgages for veterans eligible for vided to veterans eligible for Mont- Congress assembled, housing loan benefits under this chapter.’’. gomery GI Bill, MGIB, benefits under SECTION 1. SHORT TITLE. (b) AUTHORITY TO GUARANTEE HYBRID AD- This Act may be cited as the ‘‘Survivors’ JUSTABLE RATE MORTGAGES.—That section is Public Law 107–103, the recently-en- acted ‘‘Veterans Education and Bene- and Dependents’ Educational Assistance Ad- further amended— justment Act of 2002’’. (1) in subsection (b), by striking ‘‘Interest fits Expansion Act of 2001.’’ Under my SEC. 2. INCREMENTAL INCREASE IN RATES OF rate adjustment provisions’’ and inserting bill, DEA benefits would first increase SURVIVORS’ AND DEPENDENTS’ EDU- ‘‘Except as provided in subsection (c)(1), in- from $670 to $900 per month on October CATIONAL ASSISTANCE. terest rate adjustment provisions’’; 1, 2002, and to $985 per month on Octo- (a) SURVIVORS’ AND DEPENDENTS’ EDU- (2) by redesignating subsections (c) and (d) CATIONAL ASSISTANCE.—Section 3532 of title as subsections (d) and (e), respectively; and ber 1, 2003. In addition, the legislation would equalize with MGIB benefits the 38, United States Code, is amended— (3) by inserting after subsection (b) the fol- (1) in subsection (a)— lowing new subsection (c): number of months, at 36, an eligible (A) in paragraph (1), by striking ‘‘at the ‘‘(c) Adjustable rate mortgages that may person would be allowed to use his or monthly rate of’’ and all that follows and in- be guaranteed under this section include ad- her benefit. serting ‘‘at the monthly rate of— justable rate mortgages (commonly referred This legislation would create parity ‘‘(A) for months occurring during fiscal to as ‘hybrid adjustable rate mortgages’) between DEA and MGIB monthly bene- year 2003, $900 for full-time, $676 for three- having interest rate adjustment provisions fits as recommended by a recent De- quarter-time, or $450 for half-time pursuit; that— partment of Veterans Affairs, VA, pro- and ‘‘(1) are not subject to subsection (b)(1); ‘‘(B) for months occurring during a subse- ‘‘(2) specify an initial rate of interest that gram evaluation. Both programs would provide an aggregate of $35,460 worth of quent fiscal year, $985 for full-time, $740 for is fixed for a period of not less than the first three-quarter-time, or $492 for half-time pur- three years of the mortgage term; education benefits. Thus, both veterans suit.’’; and ‘‘(3) provide for an initial adjustment in and survivors would have the resources (B) in paragraph (2), by striking ‘‘at the the rate of interest by the mortgagee at the necessary to meet the average cost of rate of’’ and all that follows and inserting end of the period described in paragraph (2); tuition, fees, room, and board at four- ‘‘at the rate of the lesser of— and year, public institutions of higher ‘‘(A) the established charges for tuition ‘‘(4) comply in such initial adjustment, and learning. As was stated by VA’s Deputy and fees that the educational institution in- any subsequent adjustment, with paragraphs volved requires similarly circumstanced non- (2) through (4) of subsection (b).’’. Secretary, Dr. Leo Mackay, in connec- tion with a Committee on Veterans Af- veterans enrolled in the same program to (c) IMPLEMENTATION OF AUTHORITY TO pay; or GUARANTEE HYBRID ADJUSTABLE RATE MORT- fairs hearing on June 28, 2001, VA ‘‘(B)(i) for months occurring during fiscal GAGES.—The Secretary of Veterans Affairs ‘‘believe[s] it is only fair that these year 2003, $900 per month for a full-time may exercise the authority under section benefits should be at the same level as course; or (ii) for months occurring during a 3707 of title 38, United States Code, as those provided to veterans.’’ VA esti- subsequent fiscal year, $985 per month for a amended by this section, to guarantee ad- mates that a monthly benefit at that full-time course.’’; justable rate mortgages described in sub- level will entice 90% of eligible persons (2) in subsection (b), by striking ‘‘at the section (c) of such section 3707, as so amend- to use the benefit. rate of’’ and all that follows and inserting ed, in advance of any rulemaking otherwise ‘‘at the rate of— required to implement such authority. In addition to increasing DEA bene- fits, the legislation I have introduced ‘‘(1) for months occurring during fiscal year 2003, $900 per month; and By Mr. SPECTER (for himself today would provide a $4 million fund- ‘‘(2) for months occurring during a subse- and Mr. ROCKEFELLER): ing increase for State Approving Agen- quent fiscal year, $985 per month.’’; and S. 2231. A bill to amend title 38, cies, SAA, State educational program (3) in subsection (c)(2), by striking ‘‘shall United States Code, to provide an in- certifying offices which are funded by be’’ and all that follows and inserting ‘‘shall cremental increase in amounts of edu- VA grants. These offices protect the in- be— cational assistance for survivors and tegrity of VA educational assistance ‘‘(A) for months occurring during fiscal dependents of veterans, and for other and job-training programs and protect year 2003, $727 for full-time, $545 for three- purposes; to the Committee on Vet- veterans and survivors, and, not quarter-time, or $364 for half-time pursuit; and erans’ Affairs. unimportantly, taxpayers, from fraud- ‘‘(B) for months occurring during a subse- Mr. SPECTER. Mr. President, I have ulent ‘‘providers’’ of education and quent fiscal year, $795 for full-time, $596 for sought recognition to comment briefly training opportunities. Since 1989, three-quarter-time, or $398 for half-time pur- on legislation I have introduced today funding for SAAs has been nearly flat, suit.’’.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00060 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.059 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3171 (b) CORRESPONDENCE COURSES.—Section By Mr. THOMAS (for himself, Mr. vate hospital adjustments as Medicare 3534(b) of that title is amended by striking ROCKEFELLER, Mr. JEFFORDS, Disproportionate Share Hospital pay- ‘‘for each $670’’ and all that follows and in- Mr. SPECTER, Mrs. CARNAHAN, ments, Graduate Medical Education, serting ‘‘for each amount which is paid to Ms. SNOWE, and Mr. CLELAND): Indirect Medical Education and cap- the spouse as an educational assistance al- S. 2233. A bill to amend title XVIII of ital-related costs. lowance for such course as follows: ‘‘(1) For amounts paid during fiscal year the Social Security Act to establish a The VA will be responsible for con- 2003, $900. medicare subvention demonstration tinuing to pay for services provided to ‘‘(2) For amounts paid during a subsequent project for veterans; to the Committee Medicare-eligible veterans who have fiscal year, $985.’’. on Finance. been treated prior to fiscal year 1998. (c) SPECIAL RESTORATIVE TRAINING.—Sec- Mr. THOMAS. Mr. President, I am This ensures a good faith effort on the tion 3542(a) of that title is amended— pleased to rise today to introduce the part of the VA, but will also allow the (1) by inserting ‘‘(1)’’ after ‘‘(a)’’; Medicare Equity for Veterans Act of agency to immediately begin billing (2) by designating the second sentence as 2002 with Senators ROCKEFELLER, JEF- Medicare for services provided to Medi- paragraph (2) and indenting such paragraph, FORDS, SPECTER, CARNAHAN, SNOWE, care-eligible veterans after fiscal year as so designated, two ems from the left mar- and CLELAND. This legislation, known 1998. Additionally, this bill protects the gin; Medicare Trust Fund by capping Medi- (3) in paragraph (1), as so designated, by as Medicare Subvention, will require striking ‘‘the basic rate of $670 per month.’’ the Centers for Medicare and Medicaid care payments to the VA at $75 million and inserting ‘‘the basic rate of— Services, (CMS), to reimburse VA fa- a year for the duration of the three- ‘‘(A) for months occurring during fiscal cilities for services provided to certain year demonstration. year 2003, $900 per month; and Medicare-eligible veterans. These serv- Prior to the end of the demonstra- ‘‘(B) for months occurring during a subse- icemen and women have paid into the tion, the Government Accounting Of- quent fiscal year, $985 per month.’’; and Medicare system over the course of fice, GAO, must conduct a thorough (4) in paragraph (2), as so designated— their careers, just as every other Amer- program evaluation. The GAO report (A) by striking ‘‘$184 per calendar month’’ ensures the demonstration met its goal and inserting ‘‘$282 per calendar month for ican has done, but are prohibited from utilizing the program when treated at of providing quality and cost effective months occurring during fiscal year 2003, or care to our nation’s veterans. The GAO $307 per calendar months for months occur- a VA facility. It is only fair that they is further required to provide specific ring during a subsequent fiscal year’’; and be allowed to use their Medicare cov- recommendations to the Secretaries of (B) by striking ‘‘$184 a month’’ and insert- erage in the private sector or at a VA VA and HHS on how best to expand ing ‘‘$282 a month for months occurring dur- facility. ing fiscal year 2003, or $307 a month for The number of veterans enrolled in Medicare Subvention nationwide. months occurring during a subsequent fiscal Veterans deserve quality, efficient the VA health system has more than year’’. and equitable health care treatment. doubled since 1996. In many VA facili- (d) APPRENTICESHIP TRAINING.—Section Enactment of this legislation is the ties, Medicare-eligible veterans, called 3687(b)(2) of that title is amended by striking first step toward attaining that goal. I Priority 7 or Category C veterans, com- ‘‘shall be $488 for the first six months’’ and urge all my colleagues to consider co- all that follows and inserting ‘‘shall be— pose the largest increase in patient sponsoring the Medicare Equity for ‘‘(A) $655 for the first six months, $490 for caseloads. At the VA facility in Chey- Veterans Act of 2002. the second six months, $325 for the third six enne, WY, only 131 Priority 7 veterans months, and $164 for the fourth and any suc- Mr. ROCKEFELLER. Mr. President, I were treated in fiscal year 1997. How- am pleased to join with Senators ceeding six-month period of training, if such ever, in fiscal year 2001 the same facil- six-month period of training begins during THOMAS and JEFFORDS to introduce the fiscal year 2003; and ity treated over 2,200 Priority 7 vet- Medicare Equity for Veterans Act of ‘‘(B) $717 for the first six months, $536 for erans. Clearly, the VA is experiencing 2002. This bill will authorize a dem- the second six months, $356 for the third six substantial growth and even more obvi- onstration project to allow VA to bill months, and $179 for the fourth and any suc- ous is the fact that veterans want to Medicare for health care services pro- ceeding six-month period of training, if such receive their health care services at a vided to certain dual eligible bene- six-month period of training begins during a VA facility. Unfortunately, funding for subsequent fiscal year.’’. ficiaries. The legislation, known as VA the VA health care system has not subvention, is a concept that has been (e) EFFECTIVE DATE.—(1) The amendments kept pace. In my state, Medicare Sub- made by this section shall take effect as of discussed over the years by many of us October 1, 2003, and shall apply with respect vention would expand access to serv- in Congress, by veterans service orga- to educational assistance allowances payable ices as most communities are des- nizations, and by advisory bodies under chapter 35 and section 3687(b)(2) of ignated primary care health profes- studying the VA health care system. title 38, United States Code, for months be- sional shortage areas. Private sector Although the VA subvention proposal ginning on or after that date. physicians and other primary care pro- is a small effort compared to the other (2) No adjustment in rates of monthly viders are not as readily available as changes that must be made to the training allowances shall be made under sec- they are in other part of the country, Medicare program, it is enormously tion 3687(d) of title 38, United States Code, which means that the VA is sometimes for fiscal years 2003 and 2004. important to our veterans and the the only option. health care system they depend upon. SEC. 3. MODIFICATION OF DURATION OF EDU- Specifically, the Medicare Equity for CATIONAL ASSISTANCE. Until recently, when we looked at Section 3511(a)(1) of title 38, United States Veterans Act of 2002 establishes a the VA health care budget, we focused Code, is amended by striking ‘‘45 months’’ three-year demonstration program at on the declining veteran population and all that follows and inserting ‘‘45 ten VA sites, three of which must be in and declining demand. We are in a to- months, or 36 months in the case of a person rural areas. The Secretaries of VA and tally different predicament today. who first files a claim for educational assist- HHS may either choose More and more veterans are turning to ance under this chapter after the date of the Medicare+Choice or Preferred Provider the VA health care system, and that is enactment of the Survivors’ and Dependents’ Option model for the sites. These op- a success story. More than 38 percent Educational Assistance Adjustment Act of tions give the Secretaries flexibility to of all veterans are Medicare eligible; 2002, or to the equivalent thereof in part- time training.’’. determine which model works best for unfortunately, many of these veterans each particular site—ensuring veterans are seeking VA care because of the SEC. 4. INCREASE IN AGGREGATE ANNUAL AMOUNT AVAILABLE FOR STATE AP- receive quality and timely care. lack of drug benefits in the Medicare PROVING AGENCIES FOR ADMINIS- The VA can provide Medicare covered program. An uncertain economy and TRATIVE EXPENSES. services more efficiently and cost effec- the collapse of many HMOs have also (a) INCREASE IN AMOUNT.—Section 3674(a)(4) tively than the private sector, which contributed to the rising number of of title 38, United States Code, is amended in could potentially save the Medicare veterans turning to VA. While I will the first sentence by striking ‘‘may not ex- program money. Under the Preferred continue to push for Medicare prescrip- ceed $13,000,000’’ and all that follows through Provider Option, the VA would be re- the end and inserting ‘‘may not exceed tion drug benefits, something must be $18,000,000.’’. imbursed at 95 percent of the com- done to alleviate the pressure on the (b) EFFECTIVE DATE.—The amendment parable private sector rate and 100 per- VA health care system. VA simply does made by subsection (a) shall take effect on cent of the Medicare+Choice applicable not have unlimited resources to meet October 1, 2002. rate, after excluding such targeted pri- this demand.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00061 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.072 pfrm04 PsN: S23PT1 S3172 CONGRESSIONAL RECORD — SENATE April 23, 2002 VA now has more than 6 million vet- then. In 1998, Congress allowed all vet- health care. I have heard from many erans enrolled in health care services. erans to enroll for VA care and receive Iowa veterans who are frustrated that That’s more than double the figure in a standard benefits package, which in- Medicare does not reimburse for med- 1996. Not surprisingly, access to care cludes prescription drugs. ical care provided by the VA. While has been affected by the high demand Prior to the end of the three year veterans who have a disability con- for services. It is not unusual for some demonstration, GAO will do a thorough nected to military service have their veterans in certain pockets of the evaluation of the program and submit health care paid for in whole or in part country to have to wait for more than a report to Congress, complete with de- by the VA, veterans who do not have a a year to have their initial appoint- tails on performance measures and jus- service connected disability are listed ment with a VA primary care physi- tification for planned expansion. Based as ‘‘priority 7’’ and are required to pay cian. Because of concerns about access upon the GAO recommendations, VA co-payments for the receipt of VA and quality of care, last fall the VA and HHS will jointly determine the health care. Many of these priority 7 was prepared to cease enrolling new most appropriate health care delivery veterans are Medicare eligible, yet higher income veterans, so called Cat- models for the expansion of the pro- they cannot use their Medicare bene- egory C or Priority 7 veterans, into the gram through the entire VA health fits to pay for VA health care. VA health care system. Their decision care system. GAO will continue to The number of priority 7 veterans en- was based simply upon budgetary con- evaluate the expansion of the program rolled in VA health care has increased straints, as VA suffered from a $400 for an additional six years. greatly in recent years, especially in million shortfall. Except for a last During the first session of the 106th my state of Iowa. This is only the tip minute approval of supplemental fund- Congress, Senator JEFFORDS and I suc- of the iceberg in terms of the number ing, veterans would have been turned cessfully pushed a similar proposal of veterans eligible to enroll in the VA away from VA health care services. through the Senate Finance Com- health system as priority 7. However, This legislation would allow VA and mittee. Indeed, over the last couple the current VA funding formula does HHS to either choose a Medi- years, we have tried to enact this pro- not allocate resources to pay for the care+Choice or Preferred Provider Op- posal several times. Unfortunately, we care of priority 7 veterans. These costs tion at ten VA sites, three of these have continually met resistance. Our are intended to be recouped by billing sites must be in rural areas. Several goal is to overcome this resistance and private insurance or through out-of- years ago the Department of Defense enact this proposal without delay. I be- pocket co-pays charged to the veteran, attempted a Medicare subvention pilot lieve that without enactment of a which in fact fall far short of covering and lost money, primarily on the re- Medicare subvention program, VA may the additional costs to the VA system strictive nature of the capitation well choose to bar middle-income vet- of serving priority 7 veterans. Allowing model they set up. This proposal will erans without a service-connected dis- Medicare to reimburse for health care give VA the opportunity to look at ability from coming to the VA for care. provided in VA facilities would help al- both the preferred provider and I think we all want to avoid that pros- leviate this funding short-fall in the Medicare+Choice model, and in the end pect. VA system while giving Medicare eligi- select the model that works best for There are over 33 thousand Medicare ble veterans greater choice and them. eligible veterans enrolled in the VA flexibilty in meeting their health care For veterans, approval of this vet- health benefits program in my State of needs. Medicare subvention for VA erans subvention would mean the infu- West Virginia. The VA spent almost health care would be a win-win situa- sion of new revenue to their health $116 million providing health care to tion for veterans, which is why I care system and, thus, greater access them last year. Though this is telling strongly support the concept of Medi- to care. For the Department of Health information, I cannot provide my col- care subvention for VA health care. and Human Services, a VA subvention leagues with the truly crucial piece of Questions remain about what effect demonstration project will provide the the story, that is, the number of these Medicare subvention for VA health opportunity to assess the effects of co- Medicare-eligible veterans who aren’t care could have on the Medicare trust ordination on improving efficiency, ac- coming to VA because of long waiting fund. It is possible that Medicare out- cess, and quality of care for dual-eligi- lines and lack of adequate resources. lays will increase if Medicare begins to ble beneficiaries. In addition, it would This demonstration project would en- pay for health care at VA facilities for also present an opportunity to reduce courage these eligible veterans, who Medicare eligible veterans currently Medicare expenditures. Under the have not previously received care from using the VA. However, if veterans who Medicare+Choice option in our legisla- the Huntington, Beckley, Martinsburg, are covered by Medicare begin to use tion, the reimbursable rate will be 100 and Clarksburg VAMCs, to do so. percent of the rate normally paid to a Truly, this VA/Medicare proposal is a the VA in lieu of private health care Medicare+Choice provider. However, way to provide quality health care to and the VA is able to provide those under the Preferred Provider Option, veterans who are eligible for both sys- services at a lower cost, Medicare reimbursement rates would be 95 per- tems of care, while at the same time could actually see savings. cent of otherwise applicable rates. For preserving and protecting the Medicare In the 106th Congress, the Senate Fi- both options the rates would be further Trust Fund. Let us not delay any nance Committee reported a bill, S. discounted by excluding Dispropor- longer. 1928, which included a Medicare sub- tionate Hospital Share adjustments, I wish to remind my colleagues of the vention demonstration program simi- VA’s direct graduate medical education burden VA now carries in providing lar to the one introduced by Senator costs, its indirect medical education health care to Medicare-eligible vet- THOMAS today. The CBO scored the costs, and 67 percent of capital-related erans. Many Senators have asked me Medicare subvention portion of this costs. As a further way to limit expo- for a solution to the financial woes of bill as costing Medicare $70 million sure to the Trust Fund during the the hospitals in their States. Enacting over five years. This is a matter that three year demonstration portion of this proposal is part of the answer. should be studied further and is an this bill, this proposal caps all Medi- Veterans deserve the opportunity to issue that would be closely examined in care payments to the VA at $75 million come to VA facilities for their care and a demonstration program such as the per year. Allowing VA to bill Medicare bring their Medicare coverage with one Senator THOMAS has proposed. is good for the Federal health care sys- them. It makes sense for all parties. At the end of the day, Medicare sub- tem overall. It’s a classic ‘‘win-win’’ Mr. GRASSLEY. Mr. President, vention for VA health care is a good situation. today, Senator THOMAS has introduced idea. I believe that Senator THOMAS is VA would also be required to main- a bill to establish a medicare sub- on the right track with his proposed tain its current level of services to vention demonstration project for vet- Medicare subvention demonstration Medicare-eligible veterans who have erans and I would like to take this op- program and I look forward to working been served prior to 1998, and would be portunity to say a few words about the with him and other members of the effectively limited to reimbursement issue of medicare subvention for De- Senate Finance Committee to move for care provided to new patients since partment of Veterans Affairs (VA) forward on this important issue.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00062 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.074 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3173 STATEMENTS ON SUBMITTED Semitism in the last few months. S. RES. 249 RESOLUTIONS There has been a horrifying increase in Whereas many nations throughout the the number of anti-Semitic acts world, and especially within the Western throughout Europe, with major inci- hemisphere, celebrate ‘‘Dı´a de los Nin˜ os’’ on SENATE RESOLUTION 248—CON- dents in Belgium, Switzerland, and the 30th of April, in recognition and celebra- CERNING THE RISE OF ANTI- Germany, as well as France, Syna- tion of their country’s future—their chil- dren; SEMITISM IN EUROPE gogues in Brussels and Marseille have Whereas children represent the hopes and Mr. CORZINE submitted the fol- been burned. Jews have been physically dreams of the people of the United States; lowing resolution; which was referred assaulted in Berlin and in Bondy, an Whereas children are the center of Amer- to the Committee on Foreign Rela- eastern suburb of Paris. Community ican families; tions: Centers, school buses, and Jewish sites Whereas children should be nurtured and S. RES. 248 have been vandalized throughout the invested in to preserve and enhance eco- Whereas there has been a significant rise region. And the Jewish community has nomic prosperity, democracy, and the Amer- in anti-Semitic attacks on Jewish people and faced a persistent barrage of anti-Se- ican spirit; Jewish institutions in Europe during the last mitic propaganda and libel. Whereas Hispanics in the United States, 18 months; This is not a trifling matter. In the youngest and fastest growing ethnic Whereas the continued violence in the Mid- community in the Nation, continue the tra- France alone, police estimate that dition of honoring their children on this day, dle East has fueled anti-Semitic sentiments there are 10 to 12 anti-Semitic inci- in Europe; and wish to share this custom with the rest Whereas on March 31, 2002, the Or Aviv dents each day. Germany, which has of the Nation; synagogue in Marseille, France, was burned made historic strides since the Second Whereas 1 in 4 Americans is projected to be to the ground by anti-Semitic arsonists; World War to reduce anti-Semitism, of Hispanic descent by the year 2050, and Whereas on March 30, 2002, Shneur Zalman has experienced a troubling surge in there are, in 2002, approximately 12.3 million Teldon and Zev Goldberg, Yeshiva students hate crimes against the Jewish Com- Hispanic children in the United States; from New Jersey, were brutally beaten on munity. Anti-Semites in Germany, for Whereas traditional Hispanic family life the streets of Berlin, Germany, in an anti- example, have spray-painted swastikas centers largely on children; Whereas the primary teachers of family Semitic attack; on a monument memorializing Jews Whereas in April 2002, supporters of Swiss values, morality, and culture are parents and Ambassador to Germany, Thomas Borer, al- murdered during the Holocaust, and family members, and we rely on children to leged that he was removed from his post as have attacked Jewish youths returning pass on these family values, morals, and cul- a result of a ‘‘Jewish plot’’ against him; home from a Passover seder. The unre- ture to future generations; Whereas in Belgium, many anti-Semitic lenting wave of anti-Semitic activities Whereas more than 500,000 children drop attacks have been reported against Jewish has terrorized the European Jewish out of school each year and Hispanic dropout institutions, including a gasoline bomb at- community and dredged up memories rates are unacceptably high; tack on a Brussels synagogue; of Europe’s anti-Semitic past. Whereas the importance of literacy and Whereas on April 11, 2002, in Bondy, The international community must education are most often communicated to France, 15 hooded attackers wielding sticks not allow this situation to intensify be- children through family members; and metal bars assaulted a teen-age soccer Whereas families should be encouraged to team from the Maccabi Bondy association fore significant action is taken. It was engage in family and community activities after making anti-Semitic remarks; and only a short time ago that the bigotry that include extended and elderly family Whereas anti-Semitic attacks have im- of a few evil people snowballed into an members and encourage children to explore, pacted every nation in Europe: Now, there- international phenomenon of tragic develop confidence, and pursue their dreams; fore, be it proportions. There are disturbing simi- Whereas the designation of a day to honor Resolved, That it is the sense of the Senate larities between the recent prolifera- the children of the Nation will help affirm that the governments of Europe should— tion of anti-Semitism and the increase for the people of the United States the sig- (1) take all necessary steps to protect the nificance of family, education, and commu- safety and well-being of their respective in anti-Semitism in interwar Europe. The Holocaust also began with small, nity; Jewish communities; and Whereas the designation of a day of special (2) make a concerted effort to cultivate an seemingly isolated events, but devel- recognition of children of the United States atmosphere of cooperation and reconcili- oped into a methodical campaign to ex- will provide an opportunity to children to re- ation among the Jewish and non-Jewish resi- terminate an entire people. It is imper- flect on their future, to articulate their dents of Europe. ative that something be done imme- dreams and aspirations, and find comfort and Mr. CORZINE. Mr. President, I rise diately to quell the pernicious tide of security in the support of their family mem- today to submit a resolution calling anti-Semitism throughout the con- bers and communities; upon the governments of Europe to tinent. Whereas the National Latino Children’s In- take all necessary steps to protect the Anti-Semitism is an abomination stitute, serving as a voice for children, has safety and well being of the European worked with cities throughout the country against civilized society and must be to declare April 30 as ‘‘Dı´a de los Nin˜ os: Cele- Jewish Community and to make an ef- condemned in the strongest possible brating Young Americans’’—a day to bring fort to foster cooperation and rec- terms. The international community together Latinos and other communities na- onciliation between Jewish and non- must not stand idly by as this problem tionwide to celebrate and uplift children; Jewish residents. worsens. Europe has a fundamental re- and The recent success in the first round sponsibility to encourage toleration Whereas the children of a nation are the of the French Presidential election of and understanding between all of its responsibility of all its people, and people Jean-Marie LePen, a candidate who citizens, Jew and non-Jew alike. should be encouraged to celebrate the gifts once dismissed the horrific atrocities I strongly urge my colleagues to sup- of children to society—their curiosity, committed against the Jews and others laughter, faith, energy, spirit, hopes, and port this resolution as an important dreams: Now, therefore, be it by the Nazis as ‘‘a detail in history’’, message to Europe’s Jews that we stands as the latest and perhaps the Resolved, That the Senate— stand with them and to Europe’s lead- ´ most troubling sign of a growing tide (1) designates April 30, 2002, as ‘‘Dıa de los ers that more needs to be done to guar- Nin˜ os: Celebrating Young Americans’’; and of anti-Semitism in France. As the sec- antee peaceful coexistence for all of its (2) requests that the President issue a ond-highest vote getter in France’s citizens. I hope it can be adopted with- proclamation calling on the people of the multi-candidate presidential election, out delay. United States to join with all children, fami- Le Pen will face Jacques Chirac in the f lies, organizations, communities, churches, upcoming runoff. The election of cities, and States across the Nation to ob- LePen has sent shockwaves throughout SENATE RESOLUTION 249—DESIG- serve the day with appropriate ceremonies, the Jewish community, which has NATING APRIL 30, 2002, AS ‘‘DIA including— watched as a nascent but virulent DE LOS NINOS: CELEBRATING (A) activities that center around children, and are free or minimal in cost so as to en- strain of anti-Semitism has gained mo- YOUNG AMERICANS’’, AND FOR OTHER PURPOSES courage and facilitate the participation of mentum in France, a county with near- all our people; ly 600,000 Jews. Mr. HATCH submitted the following (B) activities that are positive, uplifting, But, France is not the only country resolution; which was referred to the and that help children express their hopes that has experienced a surge in anti- Committee on Finance. and dreams;

VerDate 11-MAY-2000 06:42 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.075 pfrm04 PsN: S23PT1 S3174 CONGRESSIONAL RECORD — SENATE April 23, 2002 (C) activities that provide opportunities Whereas the Canadian soldiers of the 3rd is a properly fitted and safety certified hel- for children of all backgrounds to learn Battalion, Princess Patricia’s Canadian met; about one another’s cultures and share ideas; Light Infantry Battle Group, have been in Whereas national estimates report that (D) activities that include all members of Afghanistan since late January 2002, as part helmet use among child bicyclists is only be- the family, and especially extended and el- of Operation Apollo, and have distinguished tween 15 and 25 percent; derly family members, so as to promote themselves for their heroism and profes- Whereas every dollar spent on a bicycle greater communication among the genera- sionalism; and helmet saves this Nation $30 in direct med- tions within a family, enabling children to Whereas despite this tragic incident, the ical costs and other costs to society; appreciate and benefit from the experiences Canadian Army is focusing on the task at Whereas there is no national safety stand- and wisdom of their elderly family members; hand and is still fully engaged in its mission ard in place for equestrian helmets; (E) activities that provide opportunities in Afghanistan: Now, therefore, be it Whereas the National Safe Kids Campaign for families within a community to get ac- Resolved, That the Senate— supports efforts to reduce equestrian-related quainted; and (1) expresses sorrow for the loss of life and head injuries; (F) activities that provide children with wounding of Canadian servicemen in Afghan- Whereas the National Safe Kids Campaign the support they need to develop skills and istan; promotes childhood injury prevention by confidence, and find the inner strength—the (2) offers sympathy and condolences to the uniting diverse groups into State and local will and fire of the human spirit—to make families of the Canadian soldiers who were coalitions, developing innovative edu- their dreams come true. killed and the Canadian soldiers who were cational tools and strategies, initiating leg- Mr. HATCH. Mr. President, it is with wounded on April 18, 2002, in Afghanistan, islative changes, promoting new technology, great pleasure that I rise to submit a and to all of the Canadian people; and raising awareness through the media; resolution designating the 30th day of (3) affirms that the centuries-old bond be- and tween the Canadian and American peoples Whereas the National Safe Kids Campaign, April 2002 as ‘‘Dı´a de los Nin˜ os: Cele- and their Armed Forces remains solid; and with the support of founding sponsor John- brating Young Americans.’’ (4) praises the performance of Canadian son & Johnson, has planned special child- Nations throughout the world, and servicemen in Afghanistan for their heroism hood injury prevention activities and com- especially within Latin America, cele- and professionalism. munity-based events for National Safe Kids ´ ˜ Week 2002, which will focus on the preven- brate Dıa de los Ninos on the 30th of f April, in recognition and celebration of tion of wheel-related traumatic brain inju- their country’s future, their children. SENATE RESOLUTION 251—MAKING ries: Now, therefore, be it Many American Hispanic families con- MINORITY PARTY APPOINT- Resolved by the Senate (the House of Rep- MENTS FOR THE COMMITTEES resentatives concurring), That Congress— tinue the tradition of honoring their (1) proclaims the week of May 4 through children on this day by celebrating Dı´a ON ENVIRONMENT AND PUBLIC May 11, 2002, as ‘‘National Safe Kids Week’’; de los Nin˜ os in their homes. WORKS AND GOVERNMENTAL (2) supports the efforts and activities of the The designation of a day to honor the AFFAIRS FOR THE 107TH CON- National Safe Kids Campaign to prevent children of the Nation will help affirm GRESS childhood injuries, including bicycle-related for the people of the United States the Mr. LOTT submitted the following traumatic brain injuries and equestrian-re- significance of family, education, and lated brain injuries; and resolution; which was considered and (3) requests that the President issue a community. This special recognition of agreed to: children will provide them with an op- proclamation calling upon the people of the S. RES. 251 United States to observe National Safe Kids portunity to reflect on their future, ar- Week with appropriate ceremonies and ac- ticulate their dreams and aspirations, Resolved, That the following be the minor- ity membership on the Committees on Envi- tivities. and find comfort and security in the ronment and Public Works and Govern- f support of their family members and mental Affairs for the remainder of the 107th communities. This resolution calls on Congress, or until their successors are ap- AMENDMENTS SUBMITTED AND the American people to join with all pointed: PROPOSED children, families, organizations, com- Environment and Public Works: Mr. Smith SA 3293. Mr. DORGAN submitted an munities, churches, cities, and States of New Hampshire, Mr. Warner, Mr. Inhofe, amendment intended to be proposed by him across the Nation to observe the day Mr. Bond, Mr. Voinovich, Mr. Crapo, Mr. to the bill S. 517, to authorize funding the with appropriate ceremonies and ac- Chafee, Mr. Specter, and Mr. Domenici. Department of Energy to enhance its mis- Governmental Affairs: Mr. Thompson, Mr. sion areas through technology transfer and tivities. Stevens, Ms. Collins, Mr. Voinovich, Mr. I urge my colleagues to join me in partnerships for fiscal years 2002 through Cochran, Mr. Bennett, Mr. Bunning, and Mr. 2006, and for other purposes; which was or- supporting America’s youth by endors- Fitzgerald. dered to lie on the table. ing the resolution designating April 30, f SA 3294. Mrs. MURRAY (for herself and Ms. 2002 Dı´a de los Nin˜ os: Celebrating CANTWELL) submitted an amendment in- Young Americans. SENATE CONCURRENT RESOLU- tended to be proposed to amendment SA 3286 f TION 102—PROCLAIMING THE proposed by Mr. BAUCUS (for himself, Mr. WEEK OF MAY 14 THROUGH MAY GRASSLEY, Mr. ROCKEFELLER, Mr. HATCH, Mr. SENATE RESOLUTION 250—EX- 11, 2002, AS ‘‘NATIONAL SAFE THOMAS, Mr. HAGEL, and Mrs. CARNAHAN) to TENDING SYMPATHY AND CON- KIDS WEEK’’ the amendment SA 2917 proposed by Mr. DOLENCES TO THE FAMILIES OF DASCHLE (for himself and Mr. BINGAMAN) to THE CANADIAN SOLDIERS WHO Mr. DODD submitted the following the bill (S. 517) supra; which was ordered to WERE KILLED AND THE CANA- concurrent resolution, which was re- lie on the table. DIAN SOLDIERS WHO WERE ferred to the Committee on the Judici- SA 3295. Ms. CANTWELL (for herself, Mrs. ary. BOXER, Mr. WYDEN, Mrs. MURRAY, Ms. WOUNDED ON APRIL 18, 2002, IN STABENOW, and Mr. JEFFORDS) submitted an AFGHANISTAN, AND TO ALL OF S. CON. RES. 102 amendment intended to be proposed to THE CANADIAN PEOPLE Whereas unintentional injury is the num- amendment SA 3097 proposed by Mr. DAYTON Ms. LANDRIEU submitted the fol- ber 1 killer of children under 15 years of age; (for himself, Mr. WELLSTONE, and Mr. FEIN- lowing resolution; which was consid- Whereas in 2000, more than 373,000 children GOLD) to the amendment SA 2917 proposed by under 15 years of age were treated in hospital ered and agreed to: Mr. DASCHLE (for himself and Mr. BINGAMAN) emergency rooms for bicycle-related inju- to the bill (S. 517) supra; which was ordered S. RES. 250 ries, and more than 16,600 children under 15 to lie on the table. Whereas United States and Canadian mili- years of age were treated for equestrian-re- SA 3296. Ms. CANTWELL (for herself, Mrs. tary forces have fought side by side in con- lated injuries; BOXER, Mr. WYDEN, Mrs. MURRAY, Ms. flicts since the World War I; Whereas more than 40 percent of all bicy- STABENOW, and Mr. JEFFORDS) submitted an Whereas the fighting men and women of cle-related deaths are due to head injuries, amendment intended to be proposed to Canada have always proved themselves to be approximately three-fourths of all bicycle- amendment SA 3097 proposed by Mr. DAYTON brave and courageous warriors; related head injuries occur among children (for himself, Mr. WELLSTONE, and Mr. FEIN- Whereas the Canadian forces are currently under 15 years of age, and 60 percent of all GOLD) to the amendment SA 2917 proposed by fighting alongside United States and Euro- equestrian-related deaths are related to head Mr. DASCHLE (for himself and Mr. BINGAMAN) pean troops in the hunt for the remnants of injury; to the bill (S. 517) supra; which was ordered Osama bin Laden’s terrorist organization, al Whereas the single most effective safety to lie on the table. Qaeda, and Afghanistan’s former ruling mili- device available to reduce head injury and SA 3297. Ms. CANTWELL (for herself, Mrs. tia, the Taliban; death from bicycle and equestrian accidents BOXER, Mr. WYDEN, Mrs. MURRAY, Ms.

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STABENOW, and Mr. JEFFORDS) submitted an posed to amendment SA 3190 submitted by and Mrs. CARNAHAN) to the amendment SA amendment intended to be proposed to Mr. TORRICELLI (for himself and Mr. GRAHAM) 2917 proposed by Mr. DASCHLE (for himself amendment SA 3097 proposed by Mr. DAYTON and intended to be proposed to the amend- and Mr. BINGAMAN) to the bill (S. 517) supra; (for himself, Mr. WELLSTONE, and Mr. FEIN- ment SA 2917 proposed by Mr. DASCHLE (for which was ordered to lie on the table. GOLD) to the amendment SA 2917 proposed by himself and Mr. BINGAMAN) to the bill (S. 517) SA 3321. Mr. LEVIN submitted an amend- Mr. DASCHLE (for himself and Mr. BINGAMAN) supra; which was ordered to lie on the table. ment intended to be proposed to amendment to the bill (S. 517) supra; which was ordered SA 3310. Mrs. BOXER (for herself and Mrs. SA 2917 proposed by Mr. DASCHLE (for him- to lie on the table. FEINSTEIN) submitted an amendment in- self and Mr. BINGAMAN) to the bill (S. 517) SA 3298. Ms. CANTWELL (for herself, Mrs. tended to be proposed by her to the bill S. supra; which was ordered to lie on the table. BOXER, Mr. WYDEN, Mrs. MURRAY, Ms. 517, supra; which was ordered to lie on the SA 3322. Mr. LEVIN submitted an amend- STABENOW, and Mr. JEFFORDS) submitted an table. ment intended to be proposed to amendment amendment intended to be proposed to SA 3311. Mrs. BOXER (for herself and Mrs. SA 2917 proposed by Mr. DASCHLE (for him- amendment SA 3097 proposed by Mr. DAYTON FEINSTEIN) submitted an amendment in- self and Mr. BINGAMAN) to the bill (S. 517) (for himself, Mr. WELLSTONE, and Mr. FEIN- tended to be proposed by her to the bill S. supra; which was ordered to lie on the table. GOLD) to the amendment SA 2917 proposed by 517, supra; which was ordered to lie on the SA 3323. Mr. LEVIN submitted an amend- Mr. DASCHLE (for himself and Mr. BINGAMAN) table. ment intended to be proposed to amendment to the bill (S. 517) supra; which was ordered SA 3312. Mrs. BOXER (for herself and Mrs. SA 2917 proposed by Mr. DASCHLE (for him- to lie on the table. FEINSTEIN) submitted an amendment in- self and Mr. BINGAMAN) to the bill (S. 517) SA 3299. Ms. CANTWELL (for herself, Mrs. tended to be proposed by her to the bill S. supra; which was ordered to lie on the table. BOXER, Mr. WYDEN, Mrs. MURRAY, Ms. 517, supra; which was ordered to lie on the SA 3324. Mr. BROWNBACK (for himself, STABENOW, and Mr. JEFFORDS) submitted an table. Mr. CORZINE, Mr. CHAFEE, and Mr. JEFFORDS) amendment intended to be proposed to SA 3313. Mr. BINGAMAN submitted an submitted an amendment intended to be pro- amendment SA 3097 proposed by Mr. DAYTON amendment intended to be proposed to posed to amendment SA 3239 submitted by (for himself, Mr. WELLSTONE, and Mr. FEIN- amendment SA 3281 submitted by Mr. SCHU- Mr. BROWNBACK (for himself, Mr. CORZINE, GOLD) to the amendment SA 2917 proposed by MER and intended to be proposed to the Mr. LIEBERMAN, Mr. MCCAIN, Mr. JEFFORDS, Mr. DASCHLE (for himself and Mr. BINGAMAN) amendment SA 2917 proposed by Mr. Mr. CHAFEE, Mr. NELSON of Nebraska, and to the bill (S. 517) supra; which was ordered DASCHLE (for himself and Mr. BINGAMAN) to Mr. REID) and intended to be proposed to the to lie on the table. the bill (S. 517) supra; which was ordered to amendment SA 2917 proposed by Mr. SA 3300. Ms. CANTWELL (for herself, Mrs. lie on the table. DASCHLE (for himself and Mr. BINGAMAN) to BOXER, Mr. WYDEN, Mrs. MURRAY, Ms. SA 3314. Mr. BINGAMAN submitted an the bill (S. 517) supra; which was ordered to STABENOW, and Mr. JEFFORDS) submitted an amendment intended to be proposed to lie on the table. amendment intended to be proposed to amendment SA 3203 submitted by Mr. JEF- SA 3325. Mr. SHELBY (for himself, Mr. amendment SA 3097 proposed by Mr. DAYTON FORDS (for himself and Mr. SMITH of New AKAKA, Mr. SCHUMER, and Mrs. CLINTON) sub- (for himself, Mr. WELLSTONE, and Mr. FEIN- Hampshire) and intended to be proposed to mitted an amendment intended to be pro- GOLD) to the amendment SA 2917 proposed by the amendment SA 2917 proposed by Mr. posed to amendment SA 2917 proposed by Mr. Mr. DASCHLE (for himself and Mr. BINGAMAN) DASCHLE (for himself and Mr. BINGAMAN) to DASCHLE (for himself and Mr. BINGAMAN) to to the bill (S. 517) supra; which was ordered the bill (S. 517) supra; which was ordered to the bill (S. 517) supra; which was ordered to to lie on the table. lie on the table. lie on the table. SA 3301. Ms. CANTWELL submitted an SA 3315. Mr. BINGAMAN submitted an SA 3326. Mrs. MURRAY (for herself and Ms. amendment intended to be proposed to amendment intended to be proposed to CANTWELL) submitted an amendment in- amendment SA 3140 submitted by Mr. NEL- amendment SA 3275 submitted by Ms. CANT- tended to be proposed to amendment SA 2917 SON of Nebraska and intended to be proposed WELL and intended to be proposed to the proposed by Mr. DASCHLE (for himself and to the amendment SA 2917 proposed by Mr. amendment SA 2917 proposed by Mr. Mr. BINGAMAN) to the bill (S. 517) supra; DASCHLE (for himself and Mr. BINGAMAN) to DASCHLE (for himself and Mr. BINGAMAN) to which was ordered to lie on the table. the bill (S. 517) supra; which was ordered to the bill (S. 517) supra; which was ordered to SA 3327. Mr. REID (for Mr. THOMPSON) pro- lie on the table. lie on the table. posed an amendment to the bill H.R. 169, to SA 3302. Mr. REID submitted an amend- SA 3316. Mr. BINGAMAN submitted an require that Federal agencies be accountable ment intended to be proposed by him to the amendment intended to be proposed to for violations of antidiscrimination and bill S. 517, supra; which was ordered to lie on amendment SA 3140 submitted by Mr. NEL- whistleblower protection laws, and for other the table. SON of Nebraska and intended to be proposed purposes. SA 3303. Mr. DORGAN submitted an to the amendment SA 2917 proposed by Mr. SA 3328. Mr. REID (for Mr. THOMPSON) pro- amendment intended to be proposed by him DASCHLE (for himself and Mr. BINGAMAN) to posed an amendment to the bill H.R. 169, to the bill S. 517, supra; which was ordered to the bill (S. 517) supra; which was ordered to supra. lie on the table. lie on the table. SA 3329. Mr. HARKIN submitted an amend- SA 3304. Mr. DORGAN submitted an SA 3317. Mr. TORRICELLI (for himself and ment intended to be proposed to amendment amendment intended to be proposed by him Mr. GRAHAM) submitted an amendment in- SA 2917 proposed by Mr. DASCHLE (for him- to the bill S. 517, supra; which was ordered to tended to be proposed to amendment SA 3286 self and Mr. BINGAMAN) to the bill (S. 517) to lie on the table. proposed by Mr. BAUCUS (for himself, Mr. authorize funding the Department of Energy SA 3305. Mr. SESSIONS submitted an GRASSLEY, Mr. ROCKEFELLER, Mr . HATCH, to enhance its mission areas through tech- amendment intended to be proposed by him Mr. THOMAS, Mr. HAGEL, and Mrs. CARNAHAN) nology transfer and partnerships for fiscal to the bill S. 517, supra; which was ordered to to the amendment SA 2917 proposed by Mr. years 2002 through 2006, and for other pur- lie on the table. DASCHLE (for himself and Mr. BINGAMAN) to poses; which was ordered to lie on the table. SA 3306. Mr. SMITH, of Oregon submitted the bill (S. 517) supra; which was ordered to SA 3330. Mr. HARKIN submitted an amend- an amendment intended to be proposed to lie on the table. ment intended to be proposed to amendment amendment SA 3140 submitted by Mr. NEL- SA 3318. Mr. TORRICELLI (for himself and SA 2917 proposed by Mr. DASCHLE (for him- SON of Nebraska and intended to be proposed Mr. GRAHAM) submitted an amendment in- self and Mr. BINGAMAN) to the bill (S. 517) to the amendment SA 2917 proposed by Mr. tended to be proposed to amendment SA 3286 supra; which was ordered to lie on the table. DASCHLE (for himself and Mr. BINGAMAN) to proposed by Mr. BAUCUS (for himself, Mr. SA 3331. Mr. HARKIN submitted an amend- the bill (S. 517) supra; which was ordered to GRASSLEY, Mr. ROCKEFELLER, Mr. HATCH, Mr. ment intended to be proposed to amendment lie on the table. THOMAS, Mr. HAGEL, and Mrs. CARNAHAN) to SA 2917 proposed by Mr. DASCHLE (for him- SA 3307. Mr. SMITH, of New Hampshire the amendment SA 2917 proposed by Mr. self and Mr. BINGAMAN) to the bill (S. 517) submitted an amendment intended to be pro- DASCHLE (for himself and Mr. BINGAMAN) to supra; which was ordered to lie on the table. posed to amendment SA 3190 submitted by the bill (S. 517) supra; which was ordered to Mr. TORRICELLI (for himself and Mr. GRAHAM) lie on the table. f and intended to be proposed to the amend- SA 3319. Mr. GRAHAM submitted an TEXT OF AMENDMENTS ment SA 2917 proposed by Mr. DASCHLE (for amendment intended to be proposed to himself and Mr. BINGAMAN) to the bill (S. 517) amendment SA 3286 proposed by Mr. BAUCUS SA 3293. Mr. DORGAN submitted an supra; which was ordered to lie on the table. (for himself, Mr. GRASSLEY, Mr. ROCKE- amendment intended to be proposed by SA 3308. Mr. SMITH, of New Hampshire FELLER, Mr. HATCH, Mr. THOMAS, Mr. HAGEL, him to the bill (S. 517) to authorize submitted an amendment intended to be pro- and Mrs. CARNAHAN) to the amendment SA funding the Department of Energy to posed to amendment SA 3190 submitted by 2917 proposed by Mr. DASCHLE (for himself enhance its mission areas through Mr. TORRICELLI (for himself and Mr. GRAHAM) and Mr. BINGAMAN) to the bill (S. 517) supra; technology transfer and partnerships and intended to be proposed to the amend- which was ordered to lie on the table. for fiscal years 2002 through 2006, and ment SA 2917 proposed by Mr. DASCHLE (for SA 3320. Mr. GRAHAM submitted an for other purposes; which was ordered himself and Mr. BINGAMAN) to the bill (S. 517) amendment intended to be proposed to supra; which was ordered to lie on the table. amendment SA 3286 proposed by Mr. BAUCUS to lie on the table; as follows: SA 3309. Mr. SMITH, of New Hampshire (for himself, Mr. GRASSLEY, Mr. ROCKE- In lieu of the matter proposed to be in- submitted an amendment intended to be pro- FELLER, Mr. HATCH, Mr. THOMAS, Mr. HAGEL, serted, insert the following:

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ESTATE TAX WITH FULL TAX DEDUC- Ms. STABENOW, and Mr. JEFFORDS) sub- ‘‘(3) NO LIMITATION ON FEDERAL ANTITRUST TION FOR FAMILY-OWNED BUSINESS REMEDIES.—The filing with the Commission INTERESTS. mitted an amendment intended to be proposed to amendment SA 3097 pro- of a request for authorization to charge mar- (a) ELIMINATION OF ESTATE TAX REPEAL.— ket-based rates, and the acceptance or ap- posed by Mr. DAYTON (for himself, Mr. (1) IN GENERAL.—Subtitle A of title V, sec- proval by the Commission of such a request, tions 511(d), 511(e), and 521(b)(2), and subtitle WELLSTONE, and Mr. FEINGOLD) to the shall not affect the availability of any rem- E of title V of the Economic Growth and Tax amendment SA 2917 proposed by Mr. edy under Federal antitrust law with respect Relief Reconciliation Act of 2001 are re- DASCHLE (for himself and Mr. BINGA- to any rate, charge, or service that is subject pealed. MAN) to the bill (S. 517) to authorize to the authorization.’’. (2) CONFORMING AMENDMENTS.— (2) INEFFECTIVENESS OF OTHER PROVISION.— (A) The table contained in section funding the Department of Energy to enhance its mission areas through Section 203 of this Act (relating to market- 2001(c)(2)(B) of the Internal Revenue Code of based rates) shall be of no effect. 1986 is amended by striking ‘‘2007, 2008, and technology transfer and partnerships Subtitle B—Amendments to the Public 2009’’ and inserting ‘‘2007 and thereafter’’. for fiscal years 2002 through 2006, and Utility Holding Company Act (B) The table contained in section 2010(c) of for other purposes; which was ordered such Code is amended by striking ‘‘2009’’ and to lie on the table; as follows: SEC. 221. SHORT TITLE. inserting ‘‘2009 and thereafter’’. This subtitle may be cited as the ‘‘Public In lieu of the matter proposed to be in- (C) Section 901 of the Economic Growth Utility Holding Company Act of 2002’’. serted, insert the following: and Tax Relief Reconciliation Act of 2001 is SEC. 222. DEFINITIONS. amended— SEC. 2 . ELECTRIC UTILITY MERGER PROVI- In this subtitle: (i) by striking ‘‘this Act’’ and all that fol- SIONS. (1) AFFILIATE.—The term ‘‘affiliate’’ of a lows through ‘‘2010.’’ in subsection (a) and in- Section 203(a) of the Federal Power Act (16 company means any company, 5 percent or serting ‘‘this Act (other than title V) shall U.S.C. 824(a)) (as amended by section 202) is more of the outstanding voting securities of not apply to taxable, plan, or limitation amended by striking paragraph (4) and in- which are owned, controlled, or held with years beginning after December 31, 2010.’’, serting the following: power to vote, directly or indirectly, by such and ‘‘(4) APPROVAL.— company. (ii) by striking ‘‘, estates, gifts, and trans- ‘‘(A) IN GENERAL.—After notice and oppor- (2) ASSOCIATE COMPANY.—The term ‘‘asso- fers’’ in subsection (b). tunity for hearing, if the Commission finds ciate company’’ of a company means any (b) INCREASE IN EXCLUSION AMOUNT.—The that the proposed transaction is consistent company in the same holding company sys- table contained in section 2010(c) of the In- with the public interest, the Commission tem with such company. ternal Revenue Code of 1986 (relating to ap- shall approve the transaction. (3) COMMISSION.—The term ‘‘Commission’’ plicable credit amount), as amended by sub- ‘‘(B) MINIMUM REQUIRED FINDINGS.—In mak- means the Federal Energy Regulatory Com- section (a)(2)(B), is amended by striking ing the finding under subparagraph (A) with mission. ‘‘$3,500,000’’ and inserting ‘‘$4,000,000’’. respect to a proposed transaction, the Com- (4) COMPANY.—The term ‘‘company’’ means (c) FULL TAX DEDUCTION FOR FAMILY- mission shall, at a minimum, find that the a corporation, partnership, association, joint OWNED BUSINESS INTERESTS.— proposed transaction will— stock company, business trust, or any orga- (1) IN GENERAL.—Section 2057(a) (relating ‘‘(i)(I) enhance competition in wholesale nized group of persons, whether incorporated to deduction for family-owned business in- electricity markets; and or not, or a receiver, trustee, or other liqui- terests) is amended— ‘‘(II) if a State commission requests the dating agent of any of the foregoing. (A) by striking paragraphs (2) and (3), and Commission to consider the effect of the pro- (5) ELECTRIC UTILITY COMPANY.—The term (B) by striking ‘‘GENERAL RULE.—’’ and all posed transaction on competition in retail ‘‘electric utility company’’ means any com- that follows through ‘‘For purposes’’ and in- electricity markets, enhance competition in pany that owns or operates facilities used for serting ‘‘ALLOWANCE OF DEDUCTION.—For retail electricity markets; the generation, transmission, or distribution purposes’’. ‘‘(ii) produce significant gains in oper- of electric energy for sale. (2) PERMANENT DEDUCTION.—Section 2057 is ational and economic efficiency; and (6) EXEMPT WHOLESALE GENERATOR AND amended by striking subsection (j). ‘‘(iii) result in a corporate and capital FOREIGN UTILITY COMPANY.—The term ‘‘ex- (d) EFFECTIVE DATE.—The amendments structure that facilitates effective regu- empt wholesale generator’’ and ‘‘foreign util- made by this section shall apply to the es- latory oversight.’’. ity company’’ have the same meaning as in tates of decedents dying, and gifts made, sections 32 and 33, respectively, of the Public SEC. 2 . WHOLESALE MARKETS AND MARKET after December 31, 2002. POWER. Utility Holding Company Act of 1935 (15 U.S.C. 79z-5a, 79z-5b), as those sections ex- (a) RULES AND PROCEDURES TO ENSURE SA 3294. Mrs. MURRAY (for herself isted on the day before the effective date of COMPETITIVE WHOLESALE MARKETS.— and Ms. CANTWELL) submitted an this subtitle. (1) IN GENERAL.—Section 205 of the Federal (7) GAS UTILITY COMPANY.—The term ‘‘gas amendment intended to be proposed to Power Act (16 U.S.C. 824d) is amended by amendment SA 3286 proposed by Mr. utility company’’ means any company that adding at the end the following: owns or operates facilities used for distribu- BAUCUS (for himself, Mr. GRASSLEY, ULES AND PROCEDURES TO ENSURE ‘‘(g) R tion at retail (other than the distribution Mr. ROCKEFELLER, Mr. HATCH, Mr. COMPETITIVE WHOLESALE MARKETS.— only in enclosed portable containers or dis- ‘‘(1) IN GENERAL.—Not later than 270 days THOMAS, Mr. HAGEL, and Mrs. tribution to tenants or employees of the after the date of enactment of this sub- CARNAHAN) to the amendment SA 2917 company operating such facilities for their section, the Commission shall adopt such proposed by Mr. DASCHLE (for himself own use and not for resale) of natural or rules and procedures as the Commission de- and Mr. BINGAMAN) to the bill (S. 517) manufactured gas for heat, light, or power. termines are necessary to define and deter- to authorize funding the Department of (8) HOLDING COMPANY.—The term ‘‘holding mine the conditions necessary— Energy to enhance its mission areas company’’ means— ‘‘(A) to maintain competitive wholesale (A) any company that directly or indi- through technology transfer and part- markets; nerships for fiscal years 2002 through rectly owns, controls, or holds, with power to ‘‘(B) to effectively monitor market condi- vote, 10 percent or more of the outstanding 2006, and for other purposes; which was tions and trends; voting securities of a public utility company ordered to lie on the table; as follows: ‘‘(C) to prevent the abuse of market power or of a holding company of any public utility Beginning on page 103, line 19, strike all and market manipulation; company; and through page 104, line 7, and insert the fol- ‘‘(D) to protect the public interest; and (B) any person, determined by the Commis- lowing: ‘‘(E) to ensure the maintenance of just and sion, after notice and opportunity for hear- ‘‘(i) generates at least 0.5 kilowatt of elec- reasonable wholesale rates. ing, to exercise directly or indirectly (either tricity using an electrochemical process, and ‘‘(2) CONDITIONS ON GRANTS OF AUTHOR- alone or pursuant to an arrangement or un- ‘‘(ii) has an electricity-only generation ef- ITY.—The Commission shall— derstanding with one or more persons) such ficiency greater than 30 percent. ‘‘(A) ensure that any grant of authority by a controlling influence over the management ‘‘(B) LIMITATION.—In the case of qualified the Commission to a public utility to charge or policies of any public utility company or fuel cell property placed in service during market-based rates for any sale of electric holding company as to make it necessary or the taxable year, the credit determined energy subject to the jurisdiction of the appropriate for the rate protection of utility under paragraph (1) for such year with re- Commission is consistent with the rules and customers with respect to rates that such spect to such property shall not exceed an procedures adopted by the Commission under person be subject to the obligations, duties, amount equal to the lesser of— paragraph (1); and and liabilities imposed by this subtitle upon ‘‘(i) 30 percent of the basis of such prop- ‘‘(B) establish and impose remedies appli- holding companies. erty, or cable to a public utility that— (9) HOLDING COMPANY SYSTEM.—The term ‘‘(ii) $500 for each 0.5 kilowatt of capacity ‘‘(i) violates a rule or procedures adopted ‘‘holding company system’’ means a holding of such property. under paragraph (1); or company, together with its subsidiary com- ‘‘(ii) by any other means uses a grant of panies. SA 3295. Ms. CANTWELL (for herself, authority to exercise market power or ma- (10) JURISDICTIONAL RATES.—The term ‘‘ju- Mrs. BOXER, Mr. WYDEN, Mrs. MURRAY, nipulate the market. risdictional rates’’ means rates established

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00066 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.092 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3177 by the Commission for the transmission of funding the Department of Energy to (2) INEFFECTIVENESS OF OTHER PROVISION.— electric energy in interstate commerce, the enhance its mission areas through Section 203 of this Act (relating to market- sale of electric energy at wholesale in inter- technology transfer and partnerships based rates) shall be of no effect (b) REMEDIAL MEASURES FOR MARKET state commerce, the transportation of nat- for fiscal years 2002 through 2006, and ural gas in interstate commerce, and the sale POWER.—Part II of the Federal Power Act (16 in interstate commerce of natural gas for re- for other purposes; which was ordered U.S.C. 824 et seq.) (as amended by Section sale for ultimate public consumption for do- to lie on the table; as follows: 209) is amended by adding at the end the fol- mestic, commercial, industrial, or any other In lieu of the matter proposed to be in- lowing: use. serted, insert the following: ‘‘SEC. 218. REMEDIAL MEASURES FOR MARKET (11) NATURAL GAS COMPANY.—The term SEC. 2 . ELECTRIC UTILITY MERGER PROVI- POWER. ‘‘natural gas company’’ means a person en- SIONS. ‘‘(a) DEFINITION OF MARKET POWER.—In this gaged in the transportation of natural gas in Section 203(a) of the Federal Power Act (16 section, the term ‘market power’ with re- interstate commerce or the sale of such gas U.S.C. 824b(a)) (as amended by section 202) is spect to a public utility, means the ability of in interstate commerce for resale. amended by striking paragraph (4) and in- the public utility to maintain energy prices (12) PERSON.—The term ‘‘person’’ means an serting the following: above competitive levels. individual or company. ‘‘(4) APPROVAL.— ‘‘(b) COMMISSION JURISDICTIONAL SALES.—If (13) PUBLIC UTILITY.—The term ‘‘public ‘‘(A) IN GENERAL.—After notice and oppor- the Commission, on receipt of a complaint utility’’ means any person who owns or oper- tunity for hearing, if the Commission finds by any person or on a motion of the Commis- ates facilities used for transmission of elec- that the proposed transaction will serve the sion, determines that there exist markets for tric energy in interstate commerce or sales public interest, the Commission shall ap- any service or use of a facility subject to the of electric energy at wholesale in interstate prove the transaction. jurisdiction of the Commission under this commerce. ‘‘(B) MINIMUM REQUIRED FINDINGS.—In mak- Act in which a public utility has exercised (14) PUBLIC UTILITY COMPANY.—The term ing the finding under subparagraph (A) with market power, the Commission, in accord- ‘‘public utility company’’ means an electric respect to a proposed transaction, the Com- ance with this Act, shall issue such orders as utility company or a gas utility company. mission shall, at a minimum, find that the are necessary to mitigate and remedy the ad- (15) STATE COMMISSION.—The term ‘‘State proposed transaction will— verse competitive effects of the market commission’’ means any commission, board, ‘‘(i)(I) enhance competition in wholesale power exercised.’’. agency, or officer by whatever name des- electricity markets; and Subtitle B—Amendments to the Public ignated, of a State, municipality, or other ‘‘(II) if a State commission requests the Utility Holding Company Act political subdivision of a State that, under Commission to consider the effect of the pro- SEC. 221. SHORT TITLE. the laws of such State, has jurisdiction to posed transaction on competition in retail regulate public utility companies. This subtitle may be cited as the ‘‘Public electricity markets, enhance competition in Utility Holding Company Act of 2002’’. (16) SUBSIDIARY COMPANY.—The term ‘‘sub- retail electricity markets; SEC. 222. DEFINITIONS. sidiary company’’ of a holding company ‘‘(ii) produce significant gains in oper- In this subtitle: means— ational and economic efficiency; and (1) AFFILIATE.—The term ‘‘affiliate’’ of a (A) any company, 10 percent or more of the ‘‘(iii) result in a corporate and capital company means any company, 5 percent or outstanding voting securities of which are structure that facilitates effective regu- more of the outstanding voting securities of directly or indirectly owned, controlled, or latory oversight.’’. held with power to vote, by such holding which are owned, controlled, or held with SEC. 2 . WHOLESALE MARKETS AND MARKET power to vote, directly or indirectly, by such company; and POWER. (B) any person, the management or policies company. (a) RULES AND PROCEDURES TO ENSURE of which the Commission, after notice and (2) ASSOCIATE COMPANY.—The term ‘‘asso- COMPETITIVE WHOLESALE MARKETS.— opportunity for hearing, determines to be ciate company’’ of a company means any (1) IN GENERAL.—Section 205 of the Federal subject to a controlling influence, directly or company in the same holding company sys- Power Act (16 U.S.C. 824d) is amended by indirectly, by such holding company (either tem with such company. adding at the end the following: alone or pursuant to an arrangement or un- (3) COMMISSION.—The term ‘‘Commission’’ ‘‘(g) RULES AND PROCEDURES TO ENSURE derstanding with one or more other persons) means the Federal Energy Regulatory Com- COMPETITIVE WHOLESALE MARKETS.— so as to make it necessary for the rate pro- mission. ‘‘(1) IN GENERAL.—Not later than 270 days tection of utility customers with respect to (4) COMPANY.—The term ‘‘company’’ means after the date of enactment of this sub- rates that such person be subject to the obli- a corporation, partnership, association, joint section, the Commission shall adopt such gations, duties, and liabilities imposed by stock company, business trust, or any orga- rules and procedures as the Commission de- this subtitle upon subsidiary companies of nized group of persons, whether incorporated termines are necessary to define and deter- holding companies. or not, or a receiver, trustee, or other liqui- mine the conditions necessary— (17) VOTING SECURITY.—The term ‘‘voting dating agent of any of the foregoing. ‘‘(A) to maintain competitive wholesale security’’ means any security presently enti- (5) ELECTRIC UTILITY COMPANY.—The term markets; tling the owner or holder thereof to vote in ‘‘electric utility company’’ means any com- ‘‘(B) to effectively monitor market condi- the direction or management of the affairs of pany that owns or operates facilities used for tions and trends; a company. the generation, transmission, or distribution ‘‘(C) to prevent the abuse of market power of electric energy for sale. SEC. 223. REPEAL OF THE PUBLIC UTILITY HOLD- and market manipulation; (6) EXEMPT WHOLESALE GENERATOR AND ING COMPANY ACT OF 1935. ‘‘(D) to protect the public interest; and FOREIGN UTILITY COMPANY.—The terms ‘‘ex- The Public Utility Holding Company Act ‘‘(E) to ensure the maintenance of just and empt wholesale generator’’ and ‘‘foreign util- of 1935 (15 U.S.C. 79 et seq.) is repealed. reasonable wholesale rates. ity company’’ have the same meaning as in SEC. 224. ACCESS TO BOOKS AND RECORDS. ‘‘(2) CONDITIONS ON GRANTS OF AUTHORITY.— sections 32 and 33, respectively, of the Public (A) IN GENERAL.—Each holding company The Commission shall— Utility Holding Company Act of 1935 (15 and each affiliate or associate company ‘‘(A) ensure that any grant of authority by U.S.C. 79z–5a, 79z–5b), as those sections ex- thereof shall maintain, and shall produce for the Commission to a public utility to charge isted on the day before the effective date of the Commission’s examination, such books, market-based rates for any sale of electric this subtitle. accounts, memoranda, records, and any energy subject to the jurisdiction of the (7) GAS UTILITY COMPANY.—The term ‘‘gas other materials the Commission deems to be Commission is consistent with the rules and utility company’’ means any company that relevant to costs incurred by a public utility procedures adopted by the Commission under owns or operates facilities used for distribu- or natural gas company that is an affiliate paragraph (1); and tion at retail (other than the distribution or associate company of such holding com- ‘‘(B) establish and impose remedies appli- only in enclosed portable containers or dis- pany and necessary or appropriate for the cable to a public utility that— tribution to tenants or employees of the protection of utility customers with respect ‘‘(i) violates a rule or procedures adopted company operating such facilities for their to jurisdictional rates. under paragraph (1); or own use and not for resale) of natural or ‘‘(ii) by any other means uses a grant of manufactured gas for heat, light, or power. SA 3296. Ms. CANTWELL (for herself, authority to exercise market power or ma- (8) HOLDING COMPANY.—The term ‘‘holding Mrs. BOXER, Mr. WYDEN, Mrs. MURRAY, nipulate the market. company’’ means— Ms. STABENOW, and Mr. JEFFORDS) sub- ‘‘(3) NO LIMITATION ON FEDERAL ANTITRUST (A) any company that directly or indi- mitted an amendment intended to be REMEDIES.—The filing with the Commission rectly owns, controls, or holds, with power to proposed to amendment SA 3097 pro- of a request for authorization to charge mar- vote, 10 percent or more of the outstanding ket-base rates, and the acceptance or ap- voting securities of a public utility company posed by Mr. DAYTON (for himself, Mr. proval by the Commission of such a request, or of a holding company of any public utility WELLSTONE, and Mr. FEINGOLD) to the shall not affect the availability of any rem- company; and amendment SA 2917 proposed by Mr. edy under Federal antitrust law with respect (B) any person, determined by the Commis- DASCHLE (for himself and Mr. BINGA- to any rate, charge, or service that is subject sion, after notice and opportunity for hear- MAN) to the bill (S. 517) to authorize to the authorization.’’. ing, to exercise directly or indirectly (either

VerDate 11-MAY-2000 06:47 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00067 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.113 pfrm04 PsN: S23PT1 S3178 CONGRESSIONAL RECORD — SENATE April 23, 2002 alone or pursuant to an arrangement or un- or associate company of such holding com- ‘‘(B) establish and impose remedies appli- derstanding with one or more persons) such pany and necessary or appropriate for the cable to a public utility that— a controlling influence over the management protection of utility customers with respect ‘‘(i) violates a rule or procedures adopted or policies of any public utility company or to jurisdictional rates. under paragraph (1); or holding company as to make it necessary or ‘‘(ii) by any other means uses a grant of appropriate for the rate protection of utility SA 3297. Ms. CANTWELL (for herself, authority to exercise market power or ma- customers with respect to rates that such Mrs. BOXER, Mr. WYDEN, Mrs. MURRAY, nipulate the market. person be subject to the obligations, duties, Ms. STABENOW, and Mr. JEFFORDS) sub- ‘‘(3) NO LIMITATION ON FEDERAL ANTITRUST and liabilities imposed by this subtitle upon mitted an amendment intended to be REMEDIES.—The filing with the Commission of a request for authorization to charge mar- holding companies proposed to amendment SA 3097 pro- (9) HOLDING COMPANY SYSTEM.—The term ket-based rates, and the acceptance or ap- ‘‘holding company system’’ means a holding posed by Mr. DAYTON (for himself, Mr. proval by the Commission of such a request, company, together with its subsidiary com- WELLSTONE, and Mr. FEINGOLD) to the shall not affect the availability of any rem- panies. amendment SA 2917 proposed by Mr. edy under Federal antitrust law with respect (10) JURISDICTIONAL RATES.—The term ‘‘ju- DASCHLE (for himself and Mr. BINGA- to any rate, charge, or service that is subject risdictional rates’’ means rates established MAN) to the bill (S. 517) to authorize to the authorization.’’. by the Commission for the transmission of funding the Department of Energy to (2) INEFFECTIVENESS OF OTHER PROVISION.— Section 203 of this Act (relating to market- electric energy in interstate commerce, the enhance its mission areas through sale of electric energy at wholesale in inter- based rates) shall be of no effect. state commerce, the transportation of nat- technology transfer and partnerships (b) REMEDIAL MEASURES FOR MARKET ural gas in interstate commerce, and the sale for fiscal years 2002 through 2006, and POWER.—Part II of the Federal Power Act (16 in interstate commerce of natural gas for re- for other purposes; which was ordered U.S.C. 824 et seq.)(as amended by Section 209) sale for ultimate public consumption for do- to lie on the table; as follows: is amended by adding at the end the fol- mestic, commercial, industrial, or any other In lieu of the matter proposed to be in- lowing: use. serted, insert the following: ‘‘SEC. 218. REMEDIAL MEASURES FOR MARKET POWER. (11) NATURAL GAS COMPANY.—The term SEC. 2 . ELECTRIC UTILITY MERGER PROVI- ‘‘natural gas company’’ means a person en- SIONS. ‘‘(a) DEFINITION OF MARKET POWER.—In this gaged in the transportation of natural gas in Section 203(a) of the Federal Power Act (16 section, the term ‘market power’ with re- interstate commerce or the sale of such gas U.S.C. 824b(a)) (as amended by section 202) is spect to a public utility, means the ability of in interstate commerce for resale. amended by striking paragraph (4) and in- the public utility to maintain energy prices (12) PERSON.—The term ‘‘person’’ means an serting the following: above competitive levels. ‘‘(b) COMMISSION JURISDICTIONAL SALES.—If individual or company. ‘‘(4) APPROVAL.— the Commission, on receipt of a complaint (13) PUBLIC UTILITY.—The term ‘‘public ‘‘(A) IN GENERAL.—After notice and oppor- utility’’ means any person who owns or oper- tunity for hearing, if the Commission finds by any person or on a motion of the Commis- ates facilities used for transmission of elec- that the proposed transaction will serve the sion, determines that there exist markets for tric energy in interstate commerce or sales public interest, the Commission shall ap- any service or use of a facility subject to the of electric energy at wholesale in interstate prove the transaction. jurisdiction of the Commission under this Act in which a public utility has exercised commerce. ‘‘(B) MINIMUM REQUIRED FINDINGS.—In mak- (14) PUBLIC UTILITY COMPANY.—The term ing the finding under subparagraph (A) with market power, the Commission, in accord- ‘‘public utility company’’ means an electric respect to a proposed transaction, the Com- ance with this Act, shall issue such orders as utility company or a gas utility company. mission shall, at a minimum, find that the are necessary to mitigate and remedy the ad- (15) STATE COMMISSION.—The term ‘‘State proposed transaction will— verse competitive effects of the market commission’’ means any commission, board, ‘‘(i)(I) enhance competition in wholesale power exercised.’’. agency, or officer, by whatever name des- electricity markets; and Subtitle B—Amendments to the Public ignated, of a State, municipality, or other ‘‘(II) if a State commission requests the Utility Holding Company Act political subdivision of a State that, under Commission to consider the effect of the pro- SEC. 221. SHORT TITLE. the laws of such State, has jurisdiction to posed transaction on competition in retail This subtitle may be cited as the ‘‘Public regulate public utility companies. electricity markets, enhance competition in Utility Holding Company Act of 2002’’. (16) SUBSIDIARY COMPANY.—The term ‘‘sub- retail electricity markets; SEC. 222. DEFINITIONS. sidiary company’’ of a holding company ‘‘(ii) produce significant gains in oper- means— In this subtitle: ational and economic efficiency; and (1) AFFILIATE.—The term ‘‘affiliate’’ of a (A) any company, 10 percent or more of the ‘‘(iii) result in a corporate and capital outstanding voting securities of which are company means any company, 5 percent or structure that facilitates effective regu- more of the outstanding voting securities of directly or indirectly owned, controlled, or latory oversight.’’. held with power to vote, by such holding which are owned, controlled, or held with SEC. 2 . WHOLESALE MARKETS AND MARKET power to vote, directly or indirectly, by such company; and POWER. (B) any person, the management or policies company. (a) RULES AND PROCEDURES TO ENSURE (2) ASSOCIATE COMPANY.—The term ‘‘asso- of which the Commission, after notice and COMPETITIVE WHOLESALE MARKETS.— ciate company’’ of a company means any opportunity for hearing, determines to be (1) IN GENERAL.—Section 205 of the Federal company in the same holding company sys- subject to a controlling influence, directly or Power Act (16 U.S.C. 824d) is amended by tem with such company. indirectly, by such holding company (either adding at the end the following: (3) COMMISSION.—The term ‘‘Commission’’ alone or pursuant to an arrangement or un- ‘‘(g) RULES AND PROCEDURES TO ENSURE means the Federal Energy Regulatory Com- derstanding with one or more other persons) COMPETITIVE WHOLESALE MARKETS.— mission. so as to make it necessary for the rate pro- ‘‘(1) IN GENERAL.—Not later than 270 days (4) COMPANY.—The term ‘‘company’’ means tection of utility customers with respect to after the date of enactment of this sub- a corporation, partnership, association, joint rates that such person be subject to the obli- section, the Commission shall adopt such stock company, business trust, or any orga- gations, duties, and liabilities imposed by rules and procedures as the Commission de- nized group of persons, whether incorporated this subtitle upon subsidiary companies of termines are necessary to define and deter- or not, or a receiver, trustee, or other liqui- holding companies. mine the conditions necessary— dating agent of any of the foregoing. (17) VOTING SECURITY.—The term ‘‘voting ‘‘(A) to maintain competitive wholesale (5) ELECTRIC UTILITY COMPANY.—The term security’’ means any security presently enti- markets; ‘‘electric utility company’’ means any com- tling the owner or holder thereof to vote in ‘‘(B) to effectively monitor market condi- pany that owns or operates facilities used for the direction or management of the affairs of tions and trends; the generation, transmission, or distribution a company. ‘‘(C) to prevent the abuse of market power of electric energy for sale. SEC. 223. REPEAL OF THE PUBLIC UTILITY HOLD- and market manipulation; (6) EXEMPT WHOLESALE GENERATOR AND ING COMPANY ACT OF 1935. ‘‘(D) to protect the public interest; and FOREIGN UTILITY COMPANY.—The terms ‘‘ex- The Public Utility Holding Company Act ‘‘(E) to ensure the maintenance of just and empt wholesale generator’’ and ‘‘foreign util- of 1935 (15 U.S.C. 79 et seq.) is repealed. reasonable wholesale rates. ity company’’ have the same meaning as in SEC. 224. ACCESS TO BOOKS AND RECORDS. ‘‘(2) CONDITIONS ON GRANTS OF AUTHORITY.— sections 32 and 33, respectively, of the Public (a) IN GENERAL.—Each holding company The Commission shall— Utility Holding Company Act of 1935 (15 and each affiliate or associate company ‘‘(A) ensure that any grant of authority by U.S.C. 79z–5a, 79z–5b), as those sections ex- thereof shall maintain, and shall produce for the Commission to a public utility to charge isted on the day before the effective date of the Commission’s examination, such books market-based rates for any sale of electric this subtitle. accounts, memoranda, records, and any energy subject to the jurisdiction of the (7) GAS UTILITY COMPANY.—The term ‘‘gas other materials the Commission deems to be Commission is consistent with the rules and utility company’’ means any company that relevant to costs incurred by a public utility procedures adopted by the Commission under owns or operates facilities used for distribu- or natural gas company that is an affiliate paragraph (1); and tion at retail (other than the distribution

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.116 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3179 only in enclosed portable containers or dis- the direction or management of the affairs of ‘‘(i)(I) enhance competition in wholesale tribution to tenants or employees of the a company. electricity markets; and company operating such facilities for their SEC. 223. REPEAL OF THE PUBLIC UTILITY HOLD- ‘‘(II) if a State commission requests the own use and not for resale) of natural or ING COMPANY ACT OF 1935. Commission to consider the effect of the pro- manufactured gas for heat, light, or power. The Public Utility Holding Company Act posed transaction on competition in retail (8) HOLDING COMPANY.—The term ‘‘holding of 1935 (15 U.S.C. 79 et seq.) is repealed. electricity markets, enhance competition in company’’ means— SEC. 224. ACCESS TO BOOKS AND RECORDS. retail electricity markets; (A) any company that directly or indi- (a) IN GENERAL.—Each holding company ‘‘(ii) produce significant gains in oper- rectly owns, controls, or holds, with power to and each affiliate or associate company ational and economic efficiency; and vote, 10 percent or more of the outstanding thereof shall produce for examination such ‘‘(iii) results in a corporate and capital voting securities of a public utility company personnel, books, accounts, memoranda, structure that facilitates effective regu- or of a holding company of any public utility records, and any other materials upon an latory oversight.’’. company; and order of the Commission or any State com- SEC. 2 . WHOLESALE MARKETS AND MARKET (B) any person, determined by the Commis- mission finding that the production of such POWER. sion, after notice and opportunity for hear- materials will assist the Commission or the (a) RULES AND PROCEDURES TO ENSURE ing, to exercise directly or indirectly (either State commission in carrying out its respon- COMPETITIVE WHOLESALE MARKETS.— alone or pursuant to an arrangement or un- sibilities. (1) IN GENERAL.—Section 205 of the Federal derstanding with one or more persons) such (b) COURT JURISDICTION.—Any United Power Act (16 U.S.C. 824d) is amended by a controlling influence over the management States district court located within the adding at the end the following: or policies of any public utility company or State in which the State commission is seek- ‘‘(g) RULES AND PROCEDURES TO ENSURE holding company as to make it necessary or ing to examine personnel or materials de- COMPETITIVE WHOLESALE MARKETS.— appropriate for the rate protection of utility scribed in subsection (a), or within the Dis- ‘‘(1) IN GENERAL.—Not later than 270 days customers with respect to rates that such trict of Columbia or within any State in after the date of enactment of this sub- person be subject to the obligations, duties, which the public utility is headquartered, section, the Commission shall adopt such and liabilities imposed by this subtitle upon shall have the jurisdiction to enforce compli- rules and procedures as the Commission de- holding companies. ance with this section. termines are necessary to define and deter- (9) HOLDING COMPANY SYSTEM.—The term (c) COST RECOVERY.—The cost of any audit mine the conditions necessary— ‘‘holding company system’’ means a holding of a holding company or any affiliate or as- ‘‘(A) to maintain competitive wholesale company, together with its subsidiary com- sociate company ordered by the Commission markets; panies. or a State commission under this section ‘‘(B) to effectively monitor market condi- (10) JURISDICTIONAL RATES.—The term ‘‘ju- shall be borne by the holding company and tions and trends; risdictional rates’’ means rates established the associate or affiliate company thereof. ‘‘(C) to prevent the abuse of market power by the Commission for the transmission of (d) CONFIDENTIALITY.—Information pro- and market manipulation; electric energy in interstate commerce, the vided to the Commission or State commis- ‘‘(D) to protect the public interest; and sale of electric energy at wholesale in inter- sion shall be treated as confidential only if ‘‘(E) to ensure the maintenance of just and state commerce, the transportation of nat- the holding company or affiliate or associate reasonable wholesale rates. ural gas in interstate commerce, and the sale company thereof demonstrates to the court ‘‘(2) CONDITIONS ON GRANTS OF AUTHORITY.— in interstate commerce of natural gas for re- that such information should not be made The Commission shall— sale for ultimate public consumption for do- public. ‘‘(A) ensure that any grant of authority by mestic, commercial, industrial, or any other (e) AUDITING.—The Commission, in con- the Commission to a public utility to charge use. sultation with appropriate State commis- market-based rates for any sale of electric (11) NATURAL GAS COMPANY.—The term sions, shall conduct an audit every 3 years of energy subject to the jurisdiction of the ‘‘natural gas company’’ means a person en- the books and records of each holding com- Commission is consistent with the rules and gaged in the transportation of natural gas in pany and each affiliate or associate company procedures adopted by the Commission under interstate commerce or the sale of such gas thereof. paragraph (1); and in interstate commerce for resale. (f) PREEMPTION.—Nothing in this section ‘‘(B) establish and impose remedies appli- (12) PERSON.—the term ‘‘person’’ means an shall preempt any State law obligating a cable to a public utility that— individual or company. holding company or any associate or affil- ‘‘(i) violates a rule or procedures adopted (13) PUBLIC UTILITY.—The term ‘‘public iate company thereof to produce books and under paragraph (1); or utility’’ means any person who owns or oper- records. ‘‘(ii) by any other means uses a grant of ates facilities used for transmission of elec- authority to exercise market power or ma- tric energy in interstate commerce or sales SA 3298. Ms. CANTWELL (for herself, nipulate the market. of electric energy at wholesale in interstate Mrs. BOXER, Mr. WYDEN, Mrs. MURRAY, ‘‘(3) NO LIMITATION ON FEDERAL ANTITRUST commerce. Ms. STABENOW, and Mr. JEFFORDS) sub- REMEDIES.—The filing with the Commission (14) PUBLIC UTILITY COMPANY.—The term mitted an amendment intended to be of a request for authorization to charge mar- ket-based rates, and the acceptance or ap- ‘‘public utility company’’ means an electric proposed to amendment SA 3097 pro- utility company or a gas utility company. proval by the Commission of such a request, AYTON (15) STATE COMMISSION.—The term ‘‘State posed by Mr. D (for himself, Mr. shall not affect the availability of any rem- commission’’ means any commission, board, WELLSTONE, and Mr. FEINGOLD) to the edy under Federal antitrust law with respect agency, or officer, by whatever name des- amendment SA 2917 proposed by Mr. to any rate, charge, or service that is subject ignated, of a State, municipality, or other DASCHLE (for himself and Mr. BINGA- to the authorization.’’. political subdivision of a State that, under MAN) to the bill (S. 517) to authorize (2) INEFFECTIVENESS OF OTHER PROVISION.— the laws of such State, has jurisdiction to funding the Department of Energy to Section 203 of this Act (relating to market- regulate public utility companies. enhance its mission areas through based rates) shall be of no effect. (16) SUBSIDIARY COMPANY.—The term ‘‘sub- (b) REMEDIAL MEASURES FOR MARKET sidiary company’’ of a holding company technology transfer and partnerships POWER.— means— for fiscal years 2002 through 2006, and Part II of the Federal Power Act (16 U.S.C. (A) any company, 10 percent or more of the for other purposes; which was ordered 824 et seq.) (as amended by Section 209) is outstanding voting securities of which are to lie on the table; as follows: amended by adding at the end the following: directly or indirectly owned, controlled, or In lieu of the matter proposed to be in- ‘‘SEC. 218. REMEDIAL MEASURES FOR MARKET held with power to vote, by such holding serted, insert the following: POWER. company; and SEC. 2. . ELECTRIC UTILITY MERGER PROVI- ‘‘(a) DEFINITION OF MARKET POWER.—In this (B) any person, the management or policies SIONS. section, the term ‘market power’ with re- of which the Commission, after notice and Section 203(a) of the Federal Power Act (16 spect to a public utility, means the ability of opportunity for hearing, determines to be U.S.C. 824b(a)) (as amended by section 202) is the public utility to maintain energy prices subject to a controlling influence, directly or amended by striking paragraph (4) and in- above competitive levels. indirectly, by such holding company (either serting the following: ‘‘(b) COMMISSION JURISDICTIONAL SALES.—If alone or pursuant to an arrangement or un- ‘‘(4) APPROVAL.— the Commission, on receipt of a complaint derstanding with one or more other persons) ‘‘(A) IN GENERAL.—After notice and oppor- by any person or on a motion of the Commis- so as to make it necessary for the rate pro- tunity for hearing, if the Commission finds sion, determines that there exist markets for tection of utility customers with respect to that the proposed transaction will serve the any service or use of a facility subject to the rates that such person be subject to the obli- public interest, the Commission shall ap- jurisdiction of the Commission under this gations, duties, and liabilities imposed by prove the transition. Act in which a public utility has exercised this subtitle upon subsidiary companies of ‘‘(B) MINIMUM REQUIRED FINDINGS.—In mak- market power, the Commission, in accord- holding companies. ing the finding under subparagraph (A) with ance with this Act, shall issue such orders as (17) VOTING SECURITY.—The term ‘‘voting respect to a proposed transaction, the Com- are necessary to mitigate and remedy the ad- security’’ means any security presently enti- mission shall, at a minimum, find that the verse competitive effects of the market tling the owner or holder thereof to vote in proposed transaction will— power exercised.’’.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00069 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.120 pfrm04 PsN: S23PT1 S3180 CONGRESSIONAL RECORD — SENATE April 23, 2002 Subtitle B—Amendments to the Publicgaged in the transportation of natural gas in the books and records of each holding com- Utility Holding Company Act interstate commerce or the sale of such gas pany and each affiliate or associate company SEC. 221. SHORT TITLE. in interstate commerce for resale. thereof. (f) PREEMPTION.—Nothing in this section This subtitle may be cited as the ‘‘Public (12) PERSON.—The term ‘‘person’’ means an shall preempt any State law obligating a Utility Holding Company Act of 2002’’. individual or company. (13) PUBLIC UTILITY.—The term ‘‘public holding company or any associate or affil- SEC. 222. DEFINITIONS. utility’’ means any person who owns or oper- iate company thereof to produce books and In this subtitle: ates facilities used for transmission of elec- records. (a) AFFILIATE.—The term ‘‘affiliate’’ of a tric energy in interstate commerce or sales SEC. 225. TRANSACTION TRANSPARENCY. company means any company, 5 percent or of electric energy at wholesale in interstate (a) PROHIBITED ACTIVITIES.—No holding more of the outstanding voting securities of commerce. company or affiliate thereof, shall enter into which are owned, controlled, or held with (14) PUBLIC UTILITY COMPANY.—The term any— power to vote, directly or indirectly, by such ‘‘public utility company’’ means an electric (1) transaction for the purchase, sale, company. utility company or a gas utility company. lease, or other transfer or assets, goods, or (2) ASSOCIATE COMPANY.—The term ‘‘asso- (15) STATE COMMISSION.—The term ‘‘State services (other than the sale of electricity or ciate company’’ of a company means any commission’’ means any commission, board, gas) or into any financial transaction (in- company in the same holding company sys- agency, or officer, by whatever names des- cluding the issuance of securities, loans, or tem with such company. ignated, of a State, municipality, or other guarantees or indebtedness or value) with a (3) COMMISSION.—The term ‘‘Commission’’ political subdivision of a State that, under public utility company that is an affiliate of means the Federal Energy Regulatory Com- the laws of such State, has jurisdiction to that holding company, unless— mission. regulate public utility companies. (A) the transaction is clearly and fully dis- (4) COMPANY.—The term ‘‘company’’ means closed by the public utility company in a fi- (16) SUBSIDIARY COMPANY.—The term ‘‘sub- a corporation, partnership, association, joint sidiary company’’ of a holding company nancial statement or other report that is stock company, business trust, or any orga- means— available to the public; and nized group of persons, whether incorporated (B) prior to such transaction, the Commis- (A) any company, 10 percent or more of the or not, or a receiver, trustee, or other liqui- sion has determined that the transaction outstanding voting securities of which are dating agent of any of the foregoing. will not be detrimental to the public interest directly or indirectly owned, controlled, or (5) ELECTRIC UTILITY COMPANY.—The term or the interests of electricity and natural held with power to vote, by such holding ‘‘electric utility company’’ means any com- gas consumers or competition; or company; and pany that owns or operates facilities used for (2) financial transaction (including the (B) any person, the management or policies the generation, transmission, or distribution issuance, purchase, or sale of securities, of which the Commission, after notice and of electric energy for sale. loans, or guarantees of indebtedness or opportunity for hearing, determines to be (6) EXEMPT WHOLESALE GENERATOR AND value) that does not appear in the financial subject to a controlling influence, directly or FOREIGN UTILITY COMPANY.—The terms ‘‘ex- statements or reports maintained by that indirectly, by such holding company (either empt wholesale generator’’ and ‘‘foreign util- holding company or affiliate for accounting alone or pursuant to an arrangement or un- ity company’’ have the same meaning as in purposes, unless the transaction is clearly derstanding with one or more other persons) the sections 32 and 33, respectively, of the and fully disclosed by that holding company so as to make it necessary for the rate pro- Public Utility Holding Company Act of 1935 or affiliate in a financial statement or other tection of utility customers with respect to (15 U.S.C. 79z–5a, 79z–5b), as those sections report that is made available to the public. rates that such person be subject to the obli- existed on the day before the effective date (b) COMMISSION RULES.—Notwithstanding gations, duties, and liabilities imposed by of this subtitle. section 236, the Commission shall promul- this subtitle upon subsidiary companies of (7) GAS UTILITY COMPANY.—The term ‘‘gas gate final rules prior to the effective date of utility company’’ means any company that holding companies. this subtitle, providing for the expeditions (17) VOTING SECURITY.—The term ‘‘voting owns or operates facilities used for distribu- review of transactions referred to in sub- security’’ means any security presently enti- tion at retail (other than the distribution section (a)(1) on a case by case basis and pro- tling the owner or holder thereof to vote in only in enclosed portable containers or dis- tection of electricity and natural gas con- the direction or management of the affairs of tribution to tenants or employees of the sumers from holding company diversifica- a company. company operating such facilities for their tion. own use and not for resale) of natural or SEC. 223. REPEAL OF THE PUBLIC UTILITY HOLD- (c) REQUIREMENTS.—Rules required under manufactured gas for heat, light, or power. ING COMPANY ACT OF 1935. subsection (c) shall ensure, at a minimum, that— (8) HOLDING COMPANY.—The term ‘‘holding The Public Utility Holding Company Act (1) no asset of a public utility company company’’ means— of 1935 (15 U.S.C. 79 et seq.) is repealed. shall be used as collateral for indebtedness (A) any company that directly or indi- SEC. 224. ACCESS TO BOOKS AND RECORDS. incurred by the holding company of, or any rectly owns, controls, or holds, with power to (a) IN GENERAL.—Each holding company an affiliate of, such public utility company; vote, 10 percent or more of the outstanding each affiliate or associate company thereof (2) no public utility company shall make voting securities of a public utility company shall produce for examination such per- any loan to, or guarantee the indebtedness or of a holding company of any public utility sonnel, books, accounts, memoranda, or value of, any holding company or affiliate company; and records, and any other materials upon an thereof; (B) any person, determined by the Commis- order of the Commission or any State com- (3) any sale, lease, or transfer of assets, sion, after notice and opportunity for hear- mission finding that the production of such goods or services to a public utility company ing, to exercise directly or indirectly (either materials will assist the Commission or the by its holding company or any affiliate alone or pursuant to an arrangement or un- State commission in carrying out its respon- thereof shall be at terms that are no less fa- derstanding with one or more persons) such sibilities. vorable to the public utility company than a controlling influence over the management (b) COURT JURISDICTION.—Any United the cost to such holding company or affil- or policies of any public utility company or States district court located within the iate; holding company as to make it necessary or State in which the State commission is seek- (4) any sale, lease, or transfer of assets, appropriate for the rate protection of utility ing to examine personnel or materials de- goods, or services by a public utility com- customers with respect to rates that such scribed in subsection (a), or within the Dis- pany to its holding company or any affiliate person be subject to the obligations, duties, trict of Columbia or within any State in thereof, or the provision of assets, goods, or and liabilities imposed by this subtitle upon which the public utility is headquartered, services for the use by, or benefit of, such holding companies. shall have the jurisdiction to enforce compli- holding company or affiliate, shall be at (9) HOLDING COMPANY SYSTEM.—The term ance with this section. terms that are no less favorable to the public ‘‘holding company system’’ means a holding (c) COST RECOVERY.—The cost of any audit utility company than the market price of company, together with its subsidiary com- of a holding company or any affiliate or as- such assets, goods or services; panies. sociate company ordered by the Commission (5) any loan to, or guarantee of, the indebt- (10) JURISDICTIONAL RATES.—The term ‘‘ju- or a State commission under this section edness or value of, a public utility company risdictional rates’’ means rates established shall be borne by the holding company and by a holding company or affiliate thereof, by the Commission for the transmission of the associate or affiliate company thereof. shall be at terms that are no less favorable electric energy in interstate commerce, the (d) CONFIDENTIALITY.—Information pro- than the cost to such holding company or af- sale of electric energy at wholesale in inter- vided to the Commission or State commis- filiate; state commerce, the transportation of nat- sion shall be treated as confidential only if (6) information necessary to monitor and ural gas in interstate commerce, and the sale the holding company or affiliate or associate regulate a holding company or affiliate in interstate commerce of natural gas for re- company thereof demonstrates to the court thereof is made available to the Commission; sale for ultimate public consumption for do- that such information should not be made (7) electricity and natural gas consumers mestic, commercial, industrial, or any other public. are protected against the financial risks of use. (e) AUDITING.—The Commission, in con- holding company diversification and trans- (11) NATURAL GAS COMPANY.—The term sultation with appropriate State commis- actions with and among any holding com- ‘‘natural gas company’’ means a person en- sions, shall conduct an audit every 3 years of pany or affiliate thereof; and

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(d) LIMITATION ON AUTHORITY.—Nothing in procedures adopted by the Commission under owns or operates facilities used for distribu- this section or the regulations promulgated paragraph (1); and tion at retail (other than the distribution under this section shall limit the authority ‘‘(B) establish and impose remedies appli- only in enclosed portable containers or dis- of any State to prevent holding company di- cable to a public utility that— tribution to tenants or employees of the versification from adversely affecting elec- ‘‘(i) violates a rule or procedures adopted company operating such facilities for their tricity or natural gas consumers. under paragraph (1); or own use and not for resale) of natural or ‘‘(ii) by any other means uses a grant of manufactured gas for heat, light, or power. SA 3299. Ms. CANTWELL (for herself, authority to exercise market power or ma- (8) HOLDING COMPANY.—The term ‘‘holding company’’ means— Mrs. BOXER, Mr. WYDEN, Mrs. MURRAY, nipulate the market. ‘‘(3) NO LIMITATION ON FEDERAL ANTITRUST (A) any company that directly or indi- Ms. STABENOW, and Mr. JEFFORDS) sub- REMEDIES.—The filing with the Commission rectly owns, controls, or holds, with power to mitted an amendment intended to be of a request for authorization to charge mar- vote, 10 percent or more of the outstanding proposed to amendment SA 3097 pro- ket-based rates, and the acceptance or ap- voting securities of a public utility company posed by Mr. DAYTON (for himself, Mr. proval by the Commission of such a request, or of a holding company of any public utility WELLSTONE, and Mr. FEINGOLD) to the shall not affect the availability of any rem- company; and amendment SA 2917 proposed by Mr. edy under Federal antitrust law with respect (B) any person, determined by the Commis- sion, after notice and opportunity for hear- DASCHLE (for himself and Mr. BINGA- to any rate, charge, or service that is subject to the authorization.’’. ing, to exercise directly or indirectly (either MAN) to the bill (S. 517) to authorize (2) INEFFECTIVENESS OF OTHER PROVI- alone or pursuant to an arrangement or un- funding the Department of Energy to SIONS.— derstanding with one or more persons) such enhance its mission areas through Section 203 of this Act (relating to market- a controlling influence over the management technology transfer and partnerships based rates) shall be of no effect. or policies of any public utility company or for fiscal years 2002 through 2006, and (b) REMEDIAL MEASURES FOR MARKET holding company as to make it necessary or POWER.— appropriate for the rate protection of utility for other purposes; which was ordered customers with respect to rates that such to lie on the table; as follows: Part II of the Federal Power Act (16 U.S.C. 824 et seq.) (as amended by Section 209) is person be subject to the obligations, duties, In lieu of the matter proposed to be in- amended by adding at the end the following: and liabilities imposed by this subtitle upon serted, insert the following: ‘‘SEC. 218. REMEDIAL MEASURES FOR MARKET holding companies. SEC. 2 . ELECTRIC UTILITY MERGER PROVI- POWER. (9) HOLDING COMPANY SYSTEM.—The term ‘‘holding company system’’ means a holding SIONS. ‘‘(a) DEFINITION OF MARKET POWER.—In this Section 203(a) of the Federal Power Act (16 section, the term ‘market power’ with re- company, together with its subsidiary com- U.S.C. 824(a)) (as amended by section 202) is spect to a public utility, means the ability of panies. (10) JURISDICTIONAL RATES.—The term ‘‘ju- amended by striking paragraph (4) and in- the public utility to maintain energy prices risdictional rates’’ means rates established serting the following: above competitive levels. by the Commission for the transmission of ‘‘(4) APPROVAL.— ‘‘(b) COMMISSION JURISDICTIONAL SALES.—If electric energy in interstate commerce, the ‘‘(A) IN GENERAL.—After notice and oppor- the Commission, on receipt of a complaint sale of electric energy at wholesale in inter- tunity for hearing, if the Commission finds by any person or on a motion of the Commis- state commerce, the transportation of nat- that the proposed transaction will advance sion, determines that there exist markets for ural gas in interstate commerce, and the sale the public interest, the Commission shall ap- any service or use of a facility subject to the in interstate commerce of natural gas for re- prove the transaction. jurisdiction of the Commission under this sale for ultimate public consumption for do- INIMUM REQUIRED FINDINGS.—In mak- ‘‘(B) M Act in which a public utility has exercised mestic, commercial, industrial, or any other ing the finding under subparagraph (A) with market power, the Commission, in accord- use. respect to a proposed transaction, the Com- ance with this Act, shall issue such orders as (11) NATURAL GAS COMPANY.—The term mission shall, at a minimum, find that the are necessary to mitigate and remedy the ad- ‘‘natural gas company’’ means a person en- proposed transaction will— verse competitive effects of the market gaged in the transportation of natural gas in ‘‘(i)(I) enhance competition in wholesale power exercised.’’. interstate commerce or the sale of such gas electricity markets; and Subtitle B—Amendments to the Public in interstate commerce for resale. ‘‘(II) if a State commission requests the Utility Holding Company Act (12) PERSON.—The term ‘‘person’’ means an Commission to consider the effect of the pro- SEC. 221. SHORT TITLE. individual or company. posed transaction on competition in retail This subtitle may be cited as the ‘‘Public (13) PUBLIC UTILITY.—The term ‘‘public electricity markets, enhance competition in Utility Holding Company Act of 2002’’. utility’’ means any person who owns or oper- retail electricity markets; ates facilities used for transmission of elec- ‘‘(ii) produce significant gains in oper- SEC. 222. DEFINITIONS. tric energy in interstate commerce or sales In this subtitle: ational and economic efficiency; and of electric energy at wholesale in interstate (1) AFFILIATE.—The term ‘‘affiliate’’ of a ‘‘(iii) result in a corporate and capital commerce. company means any company, 5 percent or structure that facilitates effective regu- (14) PUBLIC UTILITY COMPANY.—The term more of the outstanding voting securities of latory oversight.’’. ‘‘public utility company’’ means an electric which are owned, controlled, or held with utility company or a gas utility company. SEC. 2 . WHOLESALE MARKETS AND MARKET power to vote directly or indirectly, by such POWER. (15) STATE COMMISSION.—The term ‘‘State company. ‘‘(a) RULES AND PROCEDURES TO ENSURE commission’’ means any commission, board, (2) ASSOCIATE COMPANY.—The term ‘‘asso- COMPETITIVE WHOLESALE MARKETS.— agency, or officer, by whatever name des- ciate company’’ of a company means any ignated of a State, municipality, or other po- ‘‘(1) IN GENERAL.—Section 205 of the Fed- company in the same holding company sys- eral Power Act (16 U.S.c. 824d) is amended by litical subdivision of a State that, under the tem with such company. laws of such State, has jurisdiction to regu- adding at the end the following: (3) COMMISSION.—The term ‘‘Commission’’ ‘‘(g) RULES AND PROCEDURES TO ENSURE late public utility companies. means the Federal Energy Regulatory Com- (16) SUBSIDIARY COMPANY.—The term ‘‘sub- COMPETITIVE WHOLESALE MARKETS.— mission. sidiary company’’ of a holding company ‘‘(1) IN GENERAL.—Not later than 270 days (4) COMPANY.—The term ‘‘company’’ means means— after the date of enactment of this sub- a corporation, partnership, association, joint (A) any company, 10 percent or more of the section, the Commission shall adopt such stock company, business trust, or any orga- outstanding voting securities of which are rules and procedures as the Commission de- nized group of persons, whether incorporated directly or indirectly owned, controlled, or termines are necessary to define and deter- or not, or a receiver, trustee, or other liqui- held with power to vote, by such holding mine the conditions necessary— dating agent of any of the foregoing. company; and ‘‘(A) to maintain competitive wholesale (5) ELECTRIC UTILITY COMPANY.—The term (B) any person, the management or policies markets; ‘‘electric utility company’’ means any com- of which the Commission, after notice and ‘‘(B) to effectively monitor market condi- pany that owns or operates facilities used for opportunity for hearing, determines to be tions and trends; the generation, transmission, or distribution subject to a controlling influence, directly or ‘‘(C) to prevent the abuse of market power of electric energy for sale. indirectly, by such holding company (either and market manipulation; (6) EXEMPT WHOLESALE GENERATOR AND alone or pursuant to an arrangement or un- ‘‘(D) to protect the public interest; and FOREIGN UTILITY COMPANY.—The terms ‘‘ex- derstanding with one or more other persons) ‘‘(E) to ensure the maintenance of just and empt wholesale generator’’ and ‘‘foreign util- so as to make it necessary for the rate pro- reasonable wholesale rates. ity company’’ have the same meaning as in tection of utility customers with respect to ‘‘(2) CONDITIONS ON GRANTS OF AUTHORITY.— sections 32 and 33, respectively, of the Public rates that such person be subject to the obli- The Commission shall— Utility Holding Company Act of 1935 (15 gations, duties, and liabilities imposed by ‘‘(A) ensure that any grant of authority by U.S.C. 79z–5a, 79z–5b), as those sections ex- this subtitle upon subsidiary companies of the Commission to a public utility to charge isted on the day before the effective date of holding companies. market-based rates for any sale of electric this subtitle. (17) VOTING SECURITY.—The term ‘‘voting energy subject to the jurisdiction of the (7) GAS UTILITY COMPANY.—The term ‘‘gas security’’ means any security presently enti- Commission is consistent with the rules and utility company’’ means any company that tling the owner or holder thereof to vote in

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.105 pfrm04 PsN: S23PT1 S3182 CONGRESSIONAL RECORD — SENATE April 23, 2002 the direction or management of the affairs of tection of electricity and natural gas con- ‘‘(i)(I) enhance competition in wholesale a company. sumers from holding companies diversifica- electricity markets; and SEC. 223. REPEAL OF THE PUBLIC UTILITY HOLD- tion. ‘‘(II) if a State commission requests the ING COMPANY ACT OF 1935. (c) REQUIREMENTS.—Rules required under Commission to consider the effect of the pro- The Public Utility Holding Company Act subsection (c) shall ensure, at a minimum, posed transaction on competition in retail of 1935 (15 U.S.C. 79 et seq.) Is repealed. that— electricity markets, enhance competition in SEC. 224. ACCESS TO BOOKS AND RECORDS. (1) no asset of a public utility company retail electricity markets; shall be used as collateral for indebtedness (a) IN GENERAL.—Each holding company ‘‘(ii) produce significant gains in oper- and each affiliate or associate company incurred by the holding company of, or any ational and economic efficiency; and thereof shall produce for examination such affiliate of, such public utility company; ‘‘(iii) include employee protective arrange- (2) no public utility company shall make personnel, books, accounts, memoranda, ments, as defined in Sec. 222 of the Public any loan to, or guarantee the indebtedness records, and any other materials upon an Utility Holding Company Act of 2002, that or value of, any holding company or affiliate order of the Commission or any State com- the Commission concludes will fairly and eq- thereof; mission finding that the production of such uitable protect the interests of employees af- (3) any sale, lease, or transfer of assets, materials will assist the Commission or the fected by the proposed transaction; and goods or services to a public utility company State commission in carrying out its respon- ‘‘(iv) result in a corporate and capital by its holding company or any affiliate sibilities. structure that facilitates effective regu- thereof shall be at terms that are no less fa- (b) COURT JURISDICTION.—Any United latory oversight.’’. vorable to the public utility company than States district court located within the SEC. 2 . WHOLESALE MARKETS AND MARKET the cost to such holding company or affil- State in which the State commission is seek- POWER. iate; (a) RULES AND PROCEDURES TO ENSURE ing to examine personnel or materials de- (4) any sale, lease, or transfer of assets, COMPETITIVE WHOLESALE MARKETS.— scribed in subsection (a), or within the Dis- goods, or services by a public utility com- (1) IN GENERAL.—Section 205 of the Federal trict of Columbia or within any State in pany to its holding company or any affiliate Power Act (16 U.S.C. 824d) is amended by which the public utility is headquartered, thereof, or the provision of assets, goods, or adding at the end the following: shall have the jurisdiction to enforce compli- services for the use by, or benefit of, such (g) RULES AND PROCEDURES TO ENSURE ance with this section. holding company or affiliate, shall be at (c) COST RECOVERY.—The cost of any audit COMPETITIVE WHOLESALE MARKETS.— terms that are no less favorable to the public of a holding company or any affiliate or as- (1) IN GENERAL.—Not later than 270 days utility company than the market price of sociate company ordered by the Commission after the date of enactment of this sub- such assets, goods or services; section, the Commission shall adopt such or a State commission under this section (5) any loan to, or guarantee of, the indebt- rules and procedures as the Commission de- shall be borne by the holding company and edness or value of, a public utility company termines are necessary to define and deter- the associate or affiliate company thereof. by a holding company or affiliate thereof, mine the conditions necessary— (d) CONFIDENTIALITY.—Information pro- shall be at terms that are no less favorable ‘‘(A) to maintain competitive wholesale vided to the Commission or State commis- than the cost to such holding company or af- markets; sion shall be treated as confidential only if filiate; ‘‘(B) to effectively monitor market condi- the holding company or affiliate or associate (6) information necessary to monitor and tions and trends; company thereof demonstrates to the court regulate a holding company or affiliate ‘‘(C) to prevent the abuse of market power that such information should not be made thereof is made available to the Commission; public. (7) electricity and natural gas consumers and market manipulation; (e) AUDITING.—The Commission, in con- are protected against the financial risks of ‘‘(D) to protect the public interest; and sultation with appropriate State commis- holding company diversification and trans- ‘‘(E) to ensure the maintenance of just and sions, shall conduct an audit every 3 years of actions with and among any holding com- reasonable wholesale rates. the books and records of each holding com- pany or affiliate thereof; and ‘‘(2) CONDITIONS ON GRANTS OF AUTHORITY.— pany and each affiliate or associate company (d) LIMITATION ON AUTHORITY.—Nothing in The Commission shall— thereof. this section or the regulations promulgated ‘‘(2) ensure that any grant of authority by (f) PREEMPTION.—Nothing in this section under this section shall limit the authority the Commission to a public utility to charge shall preempt any State law obligating a of any State to prevent holding company di- market-based rates for any sale of electric holding company or any associate or affil- versification from adversely affecting elec- energy subject to the jurisdiction of the iate company thereof to produce books and tricity or natural gas consumers. Commission is consistent with the rules and record. procedures adopted by the Commission under SEC. 225. TRANSACTION TRANSPARENCY. SA 3300. Ms. CANTWELL (for herself, paragraph (1); and (a) PROHIBITIED ACTIVITIES.—No holding Mrs. BOXER, Mr. WYDEN, Mrs. MURRAY, ‘‘(B) establish and impose remedies appli- cable to a public utility that— company or affiliate thereof, shall enter into Ms. STABENOW, and Mr. JEFFORDS) sub- any— ‘‘(i) violates a rule or procedures adopted mitted an amendment intended to be under paragraph (1); and (1) transaction for the purchase, sale, proposed to amendment SA 3097 pro- lease, or other transfer of assets, goods, or ‘‘(ii) by any other means uses a grant of services (other than the sale of electricity or posed by Mr. DAYTON (for himself, Mr. authority to exercise market power or ma- gas) or into any financial transaction (in- WELLSTONE, and Mr. FEINGOLD) to the nipulate the market. cluding the issuance of securities, loans, or amendment SA 2917 proposed by Mr. ‘‘(3) NO LIMITATION ON FEDERAL ANTITRUST guarantees of indebtedness or value) with a DASCHLE (for himself and Mr. BINGA- REMEDIES.—The filing with the Commission public utility company that is an affiliate of MAN) to the bill (S. 517) to authorize of a request for authorization to charge mar- that holding company, unless— funding for Department of Energy to ket-based rates, and the acceptance or ap- proval by the Commission of such a request, (A) the transaction is clearly and fully dis- enhance its mission areas through closed by the public utility company in a fi- shall not affect the availability of any rem- nancial statement or other report that is technology transfer and partnerships edy under Federal antitrust law with respect available to the public; and for fiscal year 2002 through 2006, and for to any rate, charge, or service that is subject (B) prior to such transaction, the Commis- other purposes; which was ordered to to the authorization.’’. sion has determined that the transaction lie on the table; as follows: (2) INEFFECTIVENESS OF OTHER PROVISION.— will not be detrimental to the public inter- In lieu of the matter proposed to be in- Section 203 of this Act (relating to market- ests or the interests of electricity and nat- serted, insert the following: based rates) shall be of no effect. (b) REMEDIAL MEASURES FOR MARKET ural gas consumers or competition; or SEC. 2 . ELECTRIC UTILITY MERGER PROVI- (2) financial transaction (including the SIONS. POWER.— issuance, purchase, or sale of securities, Section 203(a) of the Federal Power Act (16 Part II of the Federal Power Act (16 U.S.C. loans, or guarantees of indebtedness or U.S.C. 824b(a)) (as amended by section 202) is 824 et seq.) (as amended by Section 209) is value) that does not appear in the financial amended by striking paragraph (4) and in- amended by adding at the end the following: statements or reports maintained by that serting the following: ‘‘SEC. 218. REMEDIAL MEASURES FOR MARKET holding company or affiliate for accounting ‘‘(4) APPROVAL.— POWER. purposes, unless the transaction is clearly ‘‘(A) IN GENERAL.—After notice and oppor- ‘‘(a) DEFINITION OF MARKER POWER.—(In and fully disclosed by that holding company tunity for hearing, if the Commission finds this section the term ‘market power’ with or affiliate in a financial statement or other that the proposed transaction will serve the respect to a public utility, means the ability report that is made available to the public. public interest, the Commission shall ap- of the public utility to maintain energy (b) COMMISSION RULES.—Notwithstanding prove the transaction. prices above competitive levels. section 236, the Commission shall promul- ‘‘(B) MINIMUM REQUIRED FINDINGS.—In mak- ‘‘(b) COMMISSION JURISDICTIONAL SALES.—If gate final rules prior to the effective date of ing the finding under subparagraph (A) with the Commission, on receipt of a complaint this subtitle, providing for the expeditions respect to a proposed transaction, the Com- by any person or on a motion of the Commis- review of transactions referred to in sub- mission shall, at a minimum, find that the sion, determines that there exist markets for section (a)(1) on a case by case basis and pro- proposed transaction will— any service or use of a facility subject to the

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jurisdiction of the Commission under this derstanding with one or more persons) such (b) COURT JURISDICTION.—Any United Act in which a public utility has exercised a controlling influence over the management States district court located within the market power, the Commission, in accord- or policies of any public utility company or State in which the State commission is seek- ance with this Act, shall issue such orders as holding company as to make it necessary or ing to examine personnel or materials de- are necessary to mitigate and remedy the ad- appropriate for the rate protection of utility scribed in subsection (a), or within the Dis- verse competitive effects of the market customers with respect to rates that such trict of Columbia or within any State in power exercised.’’. person be subject to the obligations, duties, which the public utility is headquartered, Subtitle B—Amendments to the Public and liabilities imposed by this subtitle upon shall have the jurisdiction to enforce compli- Utility Holding Company Act holding companies. ance with this section. (10) HOLDING COMPANY SYSTEM.—The term (c) COST RECOVERY.—The cost of any audit SEC. 221. SHORT TITLE. ‘‘holding company system’’ means a holding of a holding company or any affiliate or as- This subtitle may be cited as the ‘‘Public company, together with its subsidiary com- sociate company ordered by the Commission Utility Holding Company Act of 2002’’. panies. or a State commission under this section SEC. 222. DEFINITIONS. (11) JURISDICTIONAL RATES.—The term ‘‘ju- shall be borne by the holding company and In this subtitle: risdictional rates’’ means rates established the associate or affiliate company thereof. (1) AFFILATE.—The term ‘‘affiliate’’ of a by the Commission for the transmission of (d) CONFIDENTIALITY.—Information pro- company means any company, 5 percent or electric energy in interstate commerce, the vided to the Commission or State commis- more of the outstanding voting securities of sale of electric energy at wholesale in inter- sion shall be treated as confidential only if which are owned, controlled, or held with state commerce, the transportation of nat- the holding company or affiliate or associate power to vote, directly or indirectly, by such ural gas in interstate commerce, and the sale company thereof demonstrates to the court company. in interstate commerce of natural gas for re- that such information should not be made (2) ASSOCIATE COMPANY.—The term ‘‘asso- sale for ultimate public consumption for do- public. ciate company’’ of a company means any mestic, commercial, industrial, or any other (e) AUDITING.—The Commission, in con- company in the same holding company sys- use. sultation with appropriate State commis- tem with such company. (12) NATURAL GAS COMPANY.—The term sions, shall conduct an audit every 3 years of (3) COMMISSION.—The term ‘‘Commission’’ ‘‘natural gas company’’ means a person en- the books and records of each holding com- means the Federal Energy Regulatory Com- gaged in the transportation of natural gas in pany and each affiliate or associate company mission. interstate commerce or the sale of such gas thereof. (4) COMPANY.—The term ‘‘company’’ means in interstate commerce for resale. (f) PREEMPTION.—Nothing in this section a corporation, partnership, association, joint (13) PERSON.—The term ‘‘person’’ means an shall preempt any State law obligating a stock company, business trust, or any orga- individual or company. holding company or any associate or affil- nized group of persons, whether incorporated (14) PUBLIC UTILITY.—The term ‘‘public iate company thereof to produce books and or not, or a receiver, trustee, or other liqui- utility’’ means any person who owns or oper- records. dating agent of any of the foregoing. ates facilities used for transmission of elec- SEC. 225. TRANSACTION TRANSPARENCY. (5) ELECTRIC UTILITY COMPANY.—The term tric energy in interstate commerce or sales ‘‘electric utility company’’ means any com- of electric energy at wholesale in interstate (a) PROHIBITED ACTIVITIES.—No holding pany that owns or operates facilities used for commerce. company or affiliate thereof, shall enter into the generation, transmission, or distribution (15) PUBLIC UTILITY COMPANY.—The term any— of electric energy for sale. ‘‘public utility company’’ means an electric (1) transaction for the purchase, sale, (6) EMPLOYEE PROTECTIVE ARRANGEMENT.— utility company or a gas utility company. lease, or other transfer of assets, goods, or The term ‘‘employee protective arrange- (16) STATE COMMISSION.—The term ‘‘State services (other than the sale of electricity or ment’’ means a provision that may be nec- commission’’ means any commission, board, gas) or into nay financial transaction (in- essary for— agency, or officer, by whatever name des- cluding the issuance of securities, loans, or (A) the preservation of rights, privileges, ignated, of a State, municipality, or other guarantees of indebtedness or value) with a and benefits (including continuation of pen- political subdivision of a State that, under public utility company that is an affiliate of sion rights and benefits) under existing col- the laws of such State, has jurisdiction to that holding company, unless— lective bargaining agreements or otherwise; regulate public utility companies. (A) the transaction is clearly and fully dis- (B) the continuation of collective bar- (17) SUBSIDIARY COMPANY.—The term ‘‘sub- closed by the public utility company in a fi- gaining rights; sidiary company’’ of a holding company nancial statement or other report that is (C) the protection of individual employees means— available to the public; and against a worsening of their positions re- (a) any company, 10 percent or more of the (B) prior to such transaction, the Commis- lated to employment; outstanding voting securities of which are sion has determined that the transaction (D) assurances of employment to employ- directly or indirectly owned, controlled, or will not be detrimental to the public interest ees of acquired companies; held with power to vote, by such holding or the interests of electricity and natural (E) assurances of priority of reemployment company; and gas consumers or competition; or of employees whose employment is ended or (B) any person, the management or policies (2) financial transaction (including the who are laid off; and of which the Commission, after notice and issuance, purchase, or sale of securities, (F) paid training or retraining programs. opportunity for hearing, determines to be loans, or guarantees of indebtedness or (7) EXEMPT WHOLESALE GENERATOR AND subject to a controlling influence, directly or value) that does not appear in the financial FOREIGN UTILITY COMPANY.—The terms ‘‘ex- indirectly, by such holding company (either statements or reports maintained by that empt wholesale generator’’ and ‘‘foreign util- alone or pursuant to an arrangement or un- holding company or affiliate for accounting ity company’’ have the same meaning as in derstanding with one or more other persons) purposes, unless the transaction is clearly sections 32 and 33, respectively, of the Public so as to make it necessary for the rate pro- and fully disclosed by that holding company Utility Holding Company Act of 1935 (15 tection of utility customers with respect to or affiliate in a financial statement or other U.S.C. 79z–5a, 79z–5b), as those sections ex- rates that such person be subject to the obli- report that is made available to the public. isted on the day before the effective date of gations, duties, and liabilities imposed by (b) COMMISSION RULES.—Notwithstanding this subtitle. this subtitle upon subsidiary companies of section 236, the Commission shall promul- (8) GAS UTILITY COMPANY.—The term ‘‘gas holding companies. gate final rules prior to the effective date of utility company’’ means any company that (18) VOTING SECURITY.—The term ‘‘voting this subtitle, providing for the expeditious owns or operates facilities used for distribu- security’’ means any security presently enti- review of transactions referred to in sub- tion at retail (other than the distribution tling the owner or holder thereof to vote in section (a)(1) on a case by case basis and pro- only in enclosed portable containers or dis- the direction or management of the affairs of tection of electricity and natural gas con- tribution to tenants or employees of the a company. sumers from holding company diversifica- company operating such facilities for their SEC. 223. REPEAL OF THE PUBLIC UTILITY HOLD- tion. own use and not for resale) of natural or ING COMPANY ACT OF 1935. (c) REQUIREMENTS.—Rules required under manufactured gas for heat, light, or power. The Public Utility Holding Company Act subsection (c) shall ensure, at a minimum, (9) HOLDING COMPANY.—The term ‘‘holding of 1935 (15 U.S.C. 79 et seq.) Is repealed. that— company’’ means— SEC. 224. ACCESS TO BOOKS AND RECORDS. (1) no asset of a public utility company (A) any company that directly or indi- (a) IN GENERAL.—Each holding company shall be used as collateral for indebtedness rectly owns, controls, or holds, with power to and each affiliate or associate company incurred by the holding company of, or any vote, 10 percent or more of the outstanding thereof shall produce for examination such affiliate of, such public utility company; voting securities of a public utility company personnel, books, accounts, memoranda, (2) no public utility company shall make or of a holding company of any public utility records, and any other materials upon an any loan to, or guarantee the indebtedness company; and order of the Commission or any State com- or value of, any holding company or affiliate (B) any person, determined by the Commis- mission finding that the production of such thereof; sion, after notice and opportunity for hear- materials will assist the Commission or (3) any sale, lease, or transfer of assets, ing, to exercise directly or indirectly (either State commission in carrying out its respon- goods or services to a public utility company alone or pursuant to an arrangement or un- sibilities. by its holding company or any affiliate

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.108 pfrm04 PsN: S23PT1 S3184 CONGRESSIONAL RECORD — SENATE April 23, 2002 thereof shall be at terms that are no less fa- ‘‘(1) provides for the adequate protection ‘‘(A) a statement of the biological and vorable to the public utility company than and use of the reservation; and other goals, objectives, or applicable man- the cost to such holding company or affil- ‘‘(2) will cost less to implement, or result agement requirements identified by the Sec- iate; in improved operation of the project works retary under this section; (4) any sale, lease, or transfer of assets, for electricity production, as compared with ‘‘(B) the consideration by the Secretary of goods, or services by a public utility com- the condition initially deemed necessary by all studies, data, and other factual informa- pany to its holding company or any affiliate the Secretary. tion made available to the Secretary and rel- thereof, or the provision of assets, goods or ‘‘(d) WRITTEN STATEMENT.—The Secretary evant to the decision of the Secretary; and services for the use by, or benefit of, such shall submit into the public record of the ‘‘(C) any information made available to the holding company or affiliate, shall be at Commission proceeding, with any condition Secretary regarding the effects of the pre- terms that are no less favorable to the public under section 4(e) or alternative condition scription or alternative condition on energy utility company than the market price of that the Secretary accepts under subsection supply, distribution, cost, and use, air qual- such assets, goods or services. (c), a written statement explaining the basis ity, flood control, navigation, and drinking, (5) any loan to, or guarantee of, the indebt- for the condition or alternative condition, irrigation, and recreation water supply (in- edness or value of, a public utility company and each reason for not accepting any alter- cluding information voluntarily provided in by a holding company of affiliate thereof, native condition under this subsection, a timely manner by the applicant and any shall be at terms that are no less favorable including— other person). than the cost to such holding company or af- ‘‘(1) a statement of the goals, objectives, or ‘‘(4) PROCEDURE.—Not later than 1 year filiate; applicable management requirements estab- after the date of enactment of this sub- (6) information necessary to monitor and lished by the Secretary for protection and section, each Secretary concerned shall, by regulate a holding company or affiliate use of the reservation; regulation, establish a procedure to expedi- thereof is made available to the Commission; ‘‘(2) the consideration by the Secretary of tiously any resolve conflict arising under (7) electricity and natural gas consumers all studies, data, and other factual informa- this subsection.’’. are protected against the financial risks of tion made available to the Secretary that SEC. 302. RELICENSING STUDY. holding company diversification and trans- are relevant to the decision of the Secretary; (a) DEFINITION OF NEW LICENSING CONDI- actions with and among any holding com- and TION.—In this section, the term ‘‘new license pany or affiliate thereof; and ‘‘(3) any information made available to the condition’’ means any condition imposed (8) the interest of employees affected by a Secretary regarding the effects of the condi- under— proposed transaction shall be protected tion or alternative condition on energy sup- (1) section 4(e) of the Federal Power Act (16 under employee protective arrangements the ply, distribution, cost, and use, air quality, U.S.C. 797(e)); Commission concludes are fair and equitable. flood control, navigation, and drinking, irri- (2) section 10(a) of the Federal Power Act (d) LIMITATION ON AUTHORITY.—Nothing in gation, and recreation water supply (includ- (16 U.S.C. 803(a)); this section or the regulations promulgated ing information voluntarily provided in a (3) section 10(e) of the Federal Power Act under this section shall limit the authority timely manner by the applicant and any (16 U.S.C. 803(e)); of any State to prevent holding company di- other person). (4) section 10(j) of the Federal Power Act versification from adversely affecting elec- ‘‘(e) PROCEDURE.—Not later than 1 year tricity or natural gas consumers. after the date of enactment of this section, (16 U.S.C. 803(j)); the Secretary of each department that exer- (5) section 18 of the Federal Power Act (16 SA 3301. Ms. CANTWELL submitted cises supervision over a reservation of the U.S.C. 811); or an amendment intended to be proposed United States shall, by regulation, establish (6) section 401(d) of the Clean Water Act (33 to amendment SA 3140 submitted by a procedure to expeditiously resolve any con- U.S.C. 1341(d)). flict arising under this section.’’. (b) STUDY.—The Federal Energy Regu- Mr. NELSON of Nebraska and intended latory Commission shall, jointly with the to be proposed to the amendment SA (b) ALTERNATIVE PRESCRIPTIONS.—Section 18 of the Federal Power Act (16 U.S.C. 811) is Secretary of Commerce, the Secretary of the 2917 proposed by Mr. DASCHLE (for him- amended— Interior, and the Secretary of Agriculture, self and Mr. BINGAMAN) to the bill (S. (1) by striking ‘‘SEC. 18. The Commission’’ conduct a study of all new licenses issued for 517) to authorize funding the Depart- and inserting the following: existing projects under section 15 of the Fed- ment of Energy to enhance its mission ‘‘SEC. 18. OPERATION OF NAVIGATION FACILI- eral Power Act (16 U.S.C. 808) since January areas through technology transfer and TIES. 1, 1994. partnerships for fiscal years 2002 ‘‘(a) IN GENERAL.—The Commission’’; and (c) SCOPE.—The study shall analyze— (1) the length of time the Commission has through 2006, and for other purposes; (2) by adding at the end the following: ‘‘(b) ALTERNATIVE PRESCRIPTIONS.— taken to issue each new license for an exist- which was ordered to lie on the table; ‘‘(1) IN GENERAL.—When the Secretary of ing project; as follows: the Interior or the Secretary of Commerce (2) the additional cost to the licensee at- In lieu of the matter to be inserted, insert prescribes a fishway under subsection (a), tributable to new license conditions; the following: the license applicant or licensee, or any (3) the change in generating capacity at- TITLE III—HYDROELECTRIC ENERGY other interested person, may propose an al- tributable to new license conditions; SEC. 301. ALTERNATIVE CONDITIONS AND PRE- ternative condition. (4) the environmental benefits achieved by SCRIPTIONS. ‘‘(2) ACCEPTANCE OF PROPOSED ALTERNATIVE new license conditions; (a) ALTERNATIVE CONDITIONS.—The Federal CONDITION.—Notwithstanding subsection (a), (5) significant unmitigated environmental Power Act is amended by inserting after sec- the Secretary of the Interior or the Sec- damage of the project and costs to mitigate tion 4 (16 U.S.C. 797) the following: retary of Commerce, as appropriate, may ac- such damage; and ‘‘SEC. 4A. ALTERNATIVE CONDITIONS. cept an alternative condition proposed under (6) litigation arising from the issuance or ‘‘(a) DEFINITION OF SECRETARY.—In this paragraph (1), and the Commission shall in- failure to issue new licenses for existing section, the term ‘Secretary’, with respect to clude in the license the alternative condi- projects under section 15 of the Federal an application under subsection (e) of sec- tion, if the Secretary of the appropriate de- Power Act or the imposition or failure to im- tion 4 for a license for a project works within partment determines, based on substantial pose new license conditions. a reservation of the United States, means evidence, that the alternative condition— (d) CONSULTATION.—The Commission shall the Secretary of the department under whose ‘‘(A) will be no less effective to meet the give interested persons and licensees an op- supervision the reservation falls. goals, objectives, or applicable management portunity to submit information and views ‘‘(b) PROPOSAL OF ALTERNATIVE CONDI- requirements identified by the Secretary in writing. TION.—When a person applies for a license for under this section, than the fishway initially (e) REPORT.—Not later than 2 years after any project works within a reservation of prescribed by the Secretary; and the date of enactment of this Act, the Com- the United States under subsection (e) of sec- ‘‘(B) will cost less to implement, or result mission shall submit to the Committee on tion 4, and the Secretary deems a condition in improved operation of the project works Energy and Natural Resources of the United to the license to be necessary under the first for electricity production, as compared to States Senate and the Committee on Energy proviso of that subsection, the license appli- the fishway initially prescribed by the Sec- and Commerce of the House of Representa- cant or any other interested person may pro- retary. tives a report that describes findings made pose an alternative condition. ‘‘(3) WRITTEN STATEMENT.—The Secretary as a result of the study. ‘‘(c) ACCEPTANCE OF PROPOSED ALTER- shall submit into the public record of the SEC. 302. DATA COLLECTION PROCEDURES. NATIVE CONDITION.—Notwithstanding the Commission proceeding, with any prescrip- (a) IN GENERAL.—Not later than 2 years first proviso of section 4(e), the Secretary tion under subsection (a) or alternative con- after the date of enactment of this Act, the may accept an alternative condition pro- dition that the Secretary accepts under Federal Energy Regulatory Commission, the posed under subsection (b), and the Commis- paragraph (2), a written statement explain- Secretary of the Interior, the Secretary of sion shall include in the license that alter- ing the basis for the prescription or alter- Commerce, and the Secretary of Agriculture native condition, if the Secretary deter- native condition, and reason for not accept- shall jointly develop procedures for ensuring mines, based on substantial evidence, that ing any alternative condition under this sub- complete and accurate data concerning the the alternative condition— section, including— time and cost to parties in the hydroelectric

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licensing process under part I of the Federal (2) PERMANENT DEDUCTION.—Section 2057 is duced in a facility described in paragraph Power Act (16 U.S.C. 791 et seq.). amended by striking subsection (j). (1)(B))’’ after ‘‘January 1, 2003’’. (b) PUBLICATION OF DATA.—Data described (d) EFFECTIVE DATE.—The amendments in subsection (a) shall be published regu- made by this section shall apply to the es- SA 3306. Mr. SMITH of Oregon sub- larly, but not less frequently than every 3 tates of decedents dying, and gifts made, mitted an amendment intended to be years. after December 31, 2002. proposed to amendment SA 3140 sub- mitted by Mr. NELSON of Nebraska and SA 3302. Mr. REID submitted an SA 3304. Mr. DORGAN submitted an intended to be proposed to the amend- amendment intended to be proposed by amendment intended to be proposed by him to the bill S. 517, to authorize ment SA 2917 proposed by Mr. DASCHLE him to the bill S. 517, to authorize (for himself and Mr. BINGAMAN) to the funding the Department of Energy to funding the Department of Energy to enhance its mission areas through bill (S. 517) to authorize funding the enhance its mission areas through Department of Energy to enhance its technology transfer and partnerships technology transfer and partnerships for fiscal years 2002 through 2006, and mission areas through technology for fiscal years 2002 through 2006, and transfer and partnerships for fiscal for other purposes; which was ordered for other purposes; which was ordered to lie on the table; as follows: years 2002 through 2006, and for other to lie on the table; as follows: purposes; which was ordered to lie on On page 123, after line 25, add the fol- At the appropriate place insert the fol- lowing: the table; as follows: lowing: ‘‘(v) NONAPPLICATION OF CERTAIN RULES.— Strike Title III and insert the following: SEC. ll. ESTATE TAX WITH FULL TAX DEDUC- For purposes of determining if the term ‘‘SEC. 301. ALTERNATIVE CONDITIONS AND TION FOR FAMILY-OWNED BUSINESS FISHWAYS. ‘combined heat and power system property’ INTERESTS. includes technologies which generate elec- ‘‘(a) ALTERNATIVE MANDATORY CONDI- (a) ELIMINATION OF ESTATE TAX REPEAL.— tricity or mechanical power using back-pres- TIONS.—Section 4 of the Federal Power Act (1) IN GENERAL.—Subtitle A of title V, sec- sure steam turbines in place of existing pres- (16 U.S.C. 797) is amended by adding at the tions 511(d), 511(e), and 521(b)(2), and subtitle end the following: sure-reducing valves or which make use of E of title V of the Economic Growth and Tax waste heat from industrial processes such as ‘(h)(1) Whenever any person applies for a li- Relief Reconciliation Act of 2001 are re- cense for any project works within any res- by using organic rankin, stirling, or kalina pealed. heat engine systems, subparagraph (A) shall ervation of the United States under sub- (2) CONFORMING AMENDMENTS.— section (e), and the Secretary of the depart- be applied without regard to clauses (iii) and (A) The table contained in section (iv) thereof. ment under whose supervision such reserva- 2001(c)(2)(B) of the Internal Revenue Code of tion falls (in this subsection referred to as SA 3303. Mr. DORGAN submitted an 1986 is amended by striking ‘‘2007, 2008, and the ‘Secretary’) shall deem a condition to 2009’’ and inserting ‘‘2007 and thereafter’’. such license to be necessary under the first amendment intended to be proposed by (B) The table contained in section 2010(c) of him to the bill S. 517, to authorize proviso of such section, the license applicant such Code is amended by striking ‘‘2009’’ and may propose an alternative condition. funding the Department of Energy to inserting ‘‘2009 and thereafter’’. ‘(2) Notwithstanding the first proviso of enhance its mission areas through (C) Section 901 of the Economic Growth subsection (e), the Secretary of the depart- technology transfer and partnerships and Tax Relief Reconciliation Act of 2001 is ment under whose supervision the reserva- for fiscal years 2002 through 2006, and amended— tion falls shall accept the proposed alter- for other purposes; which was ordered (i) by striking ‘‘this Act’’ and all that fol- native condition referred to in paragraph (1), to lie on the table; as follows: lows through ‘‘2010.’’ in subsection (a) and in- and the Commission shall include in the li- serting ‘‘this Act (other than title V) shall In the amendment strike all after the first cense such alternative condition, if the Sec- not apply to taxable, plan, or limitation word and insert the following: retary of the appropriate department deter- years beginning after December 31, 2010.’’, mines, based on substantial evidence pro- SEC. ll. ESTATE TAX WITH FULL TAX DEDUC- and TION FOR FAMILY-OWNED BUSINESS vided by the license applicant, that the al- INTERESTS. (ii) by striking ‘‘, estates, gifts, and trans- ternative condition— (a) ELIMINATION OF ESTATE TAX REPEAL.— fers’’ in subsection (b). ‘(A) provides for the adequate protection (1) IN GENERAL.—Subtitle A of title V, sec- (b) INCREASE IN EXCLUSION AMOUNT.—The and utilization of the reservation; and tions 511(d), 511(e), and 521(b)(2), and subtitle table contained in section 2010(c) of the In- ‘(B) will either— E of title V of the Economic Growth and Tax ternal Revenue Code of 1986 (relating to ap- ‘(i) cost less to implement, or ‘(ii) result in improved operation of the Relief Reconciliation Act of 2001 are re- plicable credit amount), as amended by sub- project works for electricity production as pealed. section (a)(2)(B), is amended by striking compared to the condition initially deemed (2) CONFORMING AMENDMENTS.— ‘‘$3,500,000’’ and inserting ‘‘$4,000,000’’. necessary by the Secretary. (A) The table contained in section (c) FULL TAX DEDUCTION FOR FAMILY- OWNED BUSINESS INTERESTS.— ‘(3) The Secretary shall submit into the 2001(c)(2)(B) of the Internal Revenue Code of public record of the Commission proceeding 1986 is amended by striking ‘‘2007, 2008, and (1) IN GENERAL.—Section 2057(a) (relating to deduction for family-owned business in- with any condition under subsection (e) or 2009’’ and inserting ‘‘2007 and thereafter’’. alternative condition it accepts under this (B) The table contained in section 2010(c) of terests) is amended— (A) by striking paragraphs (2) and (3), and subsection a written statement explaining such Code is amended by striking ‘‘2009’’ and the basis for such condition, and reason for inserting ‘‘2009 and thereafter’’. (B) by striking ‘‘GENERAL RULE.—’’ and all that follows through ‘‘For purposes’’ and in- not accepting any alternative condition (C) Section 901 of the Economic Growth under this subsection, including the effects and Tax Relief Reconciliation Act of 2001 is serting ‘‘ALLOWANCE OF DEDUCTION.—For purposes’’. of the condition accepted and alternatives amended— not accepted on energy supply, distribution, (i) by striking ‘‘this Act’’ and all that fol- (2) PERMANENT DEDUCTION.—Section 2057 is amended by striking subsection (j). cost, and use, air quality, flood control, navi- lows through ‘‘2010.’’ in subsection (a) and in- gation, and drinking, irrigation, and recre- serting ‘‘this Act (other than title V) shall (d) EFFECTIVE DATE.—The amendments made by this section shall apply to the es- ation water supply, based on such informa- not apply to taxable, plan, or limitation tion as may be available to the Secretary, years beginning after December 31, 2010.’’, tates of decedents dying, and gifts made, after December 31, 2002. including information voluntarily provided and in a timely manner by the applicant and oth- (ii) by striking ‘‘, estates, gifts, and trans- ers. fers’’ in subsection (b). SA 3305. Mr. SESSIONS submitted an amendment intended to be proposed by ‘(4) Nothing in this subsection shall pro- (b) INCREASE IN EXCLUSION AMOUNT.—The hibit other interested parties from proposing table contained in section 2010(c) of the In- him to the bill S. 517, to authorize alternative conditions.’ ternal Revenue Code of 1986 (relating to ap- funding the Department of Energy to ‘‘(b) ALTERNATIVE FISHWAYS.—Section 18 of plicable credit amount), as amended by sub- enhance its mission areas through the Federal Power Act (16 U.S.C. 881) is section (a)(2)(B), is amended by striking technology transfer and partnerships amended by— ‘‘$3,500,000’’ and inserting ‘‘$4,000,000’’. for fiscal years 2002 through 2006, and ‘‘(1) inserting ‘‘(a)’’ before the first sen- (c) FULL TAX DEDUCTION FOR FAMILY- for other purposes; which was ordered tence; and OWNED BUSINESS INTERESTS.— ‘‘(2) adding at the end the following: (1) IN GENERAL.—Section 2057(a) (relating to lie on the table; as follows: ‘(b)(1) Whenever the Secretary of the Inte- to deduction for family-owned business in- On page 202, between lines 22 and 23, insert rior or the Secretary of Commerce prescribes terests) is amended— the following: a fishway under this section, the license ap- (A) by striking paragraphs (2) and (3), and (b) EXTENSION FOR CERTAIN FUEL PRODUCED plicant or the licensee may propose an alter- (B) by striking ‘‘GENERAL RULE.—’’ and all AT EXISTING FACILITIES.—Paragraph (2) of native to such prescription to construct, that follows through ‘‘For purposes’’ and in- section 29(f) (relating to application of sec- maintain, or operate a fishway. serting ‘‘ALLOWANCE OF DEDUCTION.—For tion) is amended by inserting ‘‘(January 1, ‘(2) Notwithstanding subsection (a), the purposes’’. 2005, in the case of any coke or coke gas pro- Secretary of the Interior or the Secretary of

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00075 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.095 pfrm04 PsN: S23PT1 S3186 CONGRESSIONAL RECORD — SENATE April 23, 2002 commerce, as appropriate, shall accept ‘‘(ii) use the authority of section 106 ‘‘(vi) carry out remedial design, remedial and prescribe, and the Commission against a service station dealer (other than a action, and operation and maintenance; shall require, the proposed alternative person described in paragraph (1) or (2) of ‘‘(vii) recover response costs; referred to in paragraph (1), if the Sec- section 107(a)). ‘‘(viii) require potentially responsible par- ‘‘(B) CONDITIONS.—A condition referred to ties to carry out response actions; and retary of the appropriate department in subparagraph (A) is that a service station ‘‘(ix) otherwise compel implementation of determines, based on substantial evi- dealer— a response action. dence provided by the licensee, that the ‘‘(i) mixes recycled oil with any other haz- ‘‘(C) SCOPE.—An authorized State shall ad- alternative— ardous substance; or minister this Act, in lieu of the President or ‘(A) will be no less protective of the fish re- ‘‘(ii) fails to store, treat, transport, or oth- the Administrator, as applicable, at facili- sources that the fishway initially prescribed erwise manage the recycled oil in compli- ties in the State to which the application of by the Secretary; and ance with any applicable standard in effect the State approved under subsection (b) ap- ‘(B) will either— on the date on which the storage, treatment, plies. ‘(i) cost less to implement, or transportation, or management activity oc- ‘‘(b) APPROVAL OF APPLICATION.— ‘(ii) result in improved operation of the curred. project works for electricity production as ‘‘(1) IN GENERAL.—Not later than the dead- ‘‘(C) NO EFFECT ON JUDICIAL OR ADMINISTRA- line determined under paragraph (3), the Ad- compared to the fishway initially prescribed TIVE ACTION.—Nothing in this paragraph af- by the Secretary. ministrator shall— fects any final judicial or administrative ac- ‘‘(A) issue a notice of approval of the appli- ‘(3) The Secretary shall submit into the tion.’’. public record of the Commission proceeding cation; or with any prescription under subsection (a) or ‘‘(B) if the Administrator determines that SA 3308. Mr. SMITH of New Hamp- the State does not have adequate legal au- alternative prescription it accepts under this shire submitted an amendment in- subsection a written statement explaining thority, financial and personnel resources, the basis for such prescription, and reason tended to be proposed to amendment organization, or expertise to administer and for not accepting any alternative prescrip- SA 3190 submitted by Mr. TORRICELLI enforce any of the requested delegable au- tion under this subsection, including the ef- (for himself and Mr. GRAHAM) and in- thority, issue a notice of disapproval, includ- fects of the prescription accepted or alter- tended to be proposed to the amend- ing an explanation of the basis for the dis- approval. native not accepted on energy supply, dis- ment SA 2917 proposed by Mr. DASCHLE ‘‘(2) FAILURE TO ACT.—If the Administrator tribution, cost, and use, air quality, flood (for himself and Mr. BINGAMAN) to the control, navigation, and drinking, irrigation, fails to issue a notice of approval or dis- bill (S. 517) to authorize funding the approval of an application by the deadline and recreation water supply, based on such Department of Energy to enhance its information as may be available to the Sec- determined under paragraph (3), the applica- retary, including information voluntarily mission areas through technology tion shall be deemed to have been approved. provided in a timely manner by the appli- transfer and partnerships for fiscal ‘‘(3) DEADLINE.—The deadline referred to in cant and others. years 2002 through 2006, and for other paragraphs (1) and (2) is— ‘(4) Nothing in this subsection shall pro- purposes; which was ordered to lie on ‘‘(A)(i) in the case of a State that is au- hibit other interested parties form proposing the table; as follows: thorized to administer and enforce the cor- alternative prescriptions.’’’ rective action requirements of a hazardous At the end, add the following: ‘‘(c) TIME OF FILING APPLICATION.—Section waste program under section 3006 of the 15(c)(1) of the Federal Power Act (16 U.S.C. DIVISION H—MISCELLANEOUS Solid Waste Disposal Act (42 U.S.C. 6926), 60 808(c)(1)) is amended by striking the first TITLE lll—COMPREHENSIVE SUPER- days after the date on which the Adminis- sentence and inserting the following: FUND REAUTHORIZATION AND REFORM trator receives an application under sub- section (a) from the State; and ‘(1) Each application for a new license pur- SEC. ll01. SHORT TITLE. suant to this section shall be filed with the ‘‘(ii) in the case of a State that is not au- This title may be cited as the ‘‘Superfund Commission— thorized to administer and enforce the cor- Amendments and Reauthorization Act of ‘(A) at least 24 months before the expira- rective action requirements described in 2002’’. tion of the term of the existing license in the clause (i), 120 days after the date on which case of licenses that expire prior to 2008; and Subtitle A—State Delegation the Administrator receives an application ‘(B) at least 36 months before the expira- SEC. ll11. DELEGATION TO STATES OF AUTHOR- under subsection (a) from the State; or tion of the term of the existing license in the ITY WITH RESPECT TO NATIONAL ‘‘(B) in the case of a State that agrees to a case of licenses that expire in 2008 or any PRIORITIES LIST FACILITIES. greater period of time than the applicable year thereafter.’’’ (a) IN GENERAL.—Title I of the Comprehen- period described in subparagraph (A), that sive Environmental Response, Compensa- greater period. Mr. SMITH of New Hamp- tion, and Liability Act of 1980 (42 U.S.C. 9601 SA 3307. ‘‘(c) NO DUPLICATION OF RESPONSE EF- et seq.) is amended by adding at the end the shire submitted an amendment in- FORTS.— following: tended to be proposed to amendment ‘‘(1) NO DUPLICATION OF DOCUMENTS.—If, as SA 3190 submitted by Mr. TORRICELLI ‘‘SEC. 129. DELEGATION TO STATES OF AUTHORI- of the date of delegation of authority to a (for himself and Mr. GRAHAM) and in- TIES WITH RESPECT TO NATIONAL State over a facility under subsection (a), an PRIORITIES LIST FACILITIES. tended to be proposed to the amend- investigational or other response document ‘‘(a) DELEGATION OF AUTHORITY.— ment SA 2917 proposed by Mr. DASCHLE relating to the facility has been completed ‘‘(1) IN GENERAL.—A State that seeks to ad- at the facility in coordination with the Ad- (for himself and Mr. BINGAMAN) to the minister this Act at facilities in the State ministrator, the authorized State shall not bill (S. 517) to authorize funding the that are listed on the National Priorities require the document to be modified. List may, after providing notice and an op- Department of Energy to enhance its ‘‘(2) PARITY WITH CORRECTIVE ACTION PRO- portunity for a public hearing, submit to the mission areas through technology GRAM.—A response action carried out under transfer and partnerships for fiscal Administrator for approval under subsection this Act that is approved by an authorized years 2002 through 2006, and for other (b) an application, in such form as the Ad- State shall be deemed to satisfy corrective ministrator may require, for delegation to purposes; which was ordered to lie on action requirements under the Solid Waste the State of the authority described in para- Disposal Act (42 U.S.C. 6901 et seq.). the table; as follows: graph (2). At the end, add the following: ‘‘(2) AUTHORITY.— ‘‘(d) INCREASED COSTS OF RESPONSE AC- SEC. lll. RECYCLED OIL LIABILITY. ‘‘(A) IN GENERAL.—In accordance with an TION.— Section 114(c) of the Comprehensive Envi- application of a State approved under sub- ‘‘(1) IN GENERAL.—An authorized State may ronmental Response, Compensation, and Li- section (b), the Administrator shall delegate select a remedial action based on remedy se- ability Act of 1980 (42 U.S.C. 9614(c)) is to the State (referred to in this section as an lection criteria that are more stringent than amended by adding at the end the following: ‘authorized State’) sole administrative au- the criteria identified in section 121(b) if the ‘‘(5) PRIOR TO EFFECTIVE DATE.— thority to administer this Act at facilities in authorized State agrees to pay any increased ‘‘(A) IN GENERAL.—Except on occurrence of the State that are listed on the National Pri- costs resulting from selection of the reme- a condition described in subparagraph (B), orities List. dial action. with respect to any period before the effec- ‘‘(B) INCLUSIONS.—A delegation of author- ‘‘(2) NO COST RECOVERY.—If an authorized tive date described in paragraph (4), no per- ity to a State under subparagraph (A) in- State selects a remedial action under para- son (including the United States or any cludes the authority to— graph (1) that results in increased costs, the State) may— ‘‘(i) collect information; authorized State shall neither seek nor ac- ‘‘(i) recover, under paragraph (3) or (4) of ‘‘(ii) allocate liability; cept from any person, under this Act or any section 107(a), from a service station dealer ‘‘(iii) conduct technical investigation, other Federal or State law, assistance to pay for any response costs or damages resulting evaluations, and risk assessments; the increased costs. from a release or threatened release of recy- ‘‘(iv) develop response alternatives; ‘‘(e) JUDICIAL REVIEW.—An order that is cled oil; or ‘‘(v) select responses; issued by an authorized State under section

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00076 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.100 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3187 106 shall be reviewable only in an appro- Subtitle B—Selection of Remedial Actions be caused by a release of a hazardous sub- priate United States district court in accord- SEC. ll21. SELECTION OF REMEDIAL ACTIONS. stance. ance with section 113. Section 121 of the Comprehensive Environ- ‘‘(iii) COMPLIANCE WITH APPLICABLE FED- ERAL AND STATE LAWS.— ‘‘(f) COST RECOVERY.— mental Response, Compensation, and Liabil- ‘‘(I) IN GENERAL.—A remedial action shall ‘‘(1) BY A DELEGATED STATE.—Of the ity Act of 1980 (42 U.S.C. 9621) is amended by comply with the substantive requirements of amount of any response costs recovered by striking subsection (b) and inserting the fol- all promulgated standards, requirements, an authorized State from a responsible party lowing: ‘‘(b) GENERAL RULES.— criteria, and limitations under— under section 107 with respect to a facility ‘‘(1) REMEDY SELECTION CRITERIA.—In se- ‘‘(aa) each Federal environmental law that listed on the National Priorities List— lecting a remedy under this section, subject is legally applicable to the conduct or oper- ‘‘(A) the authorized State may retain an to paragraph (3), the President shall take ation of the remedial action or to determina- amount equal to the sum of— into consideration each of the factors de- tion of the level of cleanup for remedial ac- ‘‘(i) 25 percent of the response costs; and scribed in paragraph (2). tions; and ‘‘(ii) the amount of response costs incurred ‘‘(2) FACTORS.—The factors referred to in ‘‘(bb) any State law relating to the envi- by the authorized State with respect to the paragraph (1) are— ronment, or to the siting of facilities, that is facility; and ‘‘(A) factors described in section 300.430 of more stringent than Federal law, is legally ‘‘(B) any remaining amount shall be depos- title 40, Code of Federal Regulations (as in applicable to the conduct or operation of the ited in the Hazardous Substances Superfund effect on the date of enactment of the Super- remedial action or to determination of the established under subchapter A of chapter 98 fund Amendments and Reauthorization Act level of cleanup for remedial actions, and is of the Internal Revenue Code of 1986. of 2002), consisting of— demonstrated by the State to be generally ‘‘(2) BY THE ADMINISTRATOR.—The Adminis- ‘‘(i) the threshold criterion of protection of applicable and consistently applied to other trator shall carry out cost recovery efforts of human health and the environment (as de- remedial actions in the State. the Administrator— scribed in clauses (i) and (ii) of paragraph ‘‘(II) CONTAMINATED MEDIA.—With respect ‘‘(A) in States that are not authorized (3)(B)); to a remedial action, compliance with sec- States; and ‘‘(ii) balancing criteria, including— tion 3004 of the Solid Waste Disposal Act (42 ‘‘(B) in authorized States, in any case in ‘‘(I) long-term effectiveness and perma- U.S.C. 6924) shall not be required with re- which an authorized State requests in writ- nence; spect to the return, replacement, or disposal ing that the Administrator continue cost re- ‘‘(II) reduction of toxicity, mobility, or of contaminated media (including residuals covery efforts in the authorized State. volume of hazardous substances or pollut- of contaminated media and other solid ‘‘(g) FUNDING.— ants or contaminants, through treatment; wastes generated onsite in the conduct of a ‘‘(1) IN GENERAL.—The Administrator shall ‘‘(III) short-term effectiveness; remedial action) into the same media in or provide grants to, or enter into cooperative ‘‘(IV) implementability; and near areas of contamination onsite at a facil- agreements with, each authorized State to ‘‘(V) cost; and ity (as those areas exist as of the date of the carry out this section. ‘‘(iii) modifying criteria, including— return, replacement, or disposal of the con- ‘‘(2) FACILITY-SPECIFIC GRANTS.—A grant ‘‘(I) State acceptance of the remedy; and taminated media). under paragraph (1) shall be— ‘‘(II) community acceptance of the remedy; ‘‘(4) RISK ASSESSMENT.— ‘‘(A) made to an authorized State on a fa- and ‘‘(A) IN GENERAL.—A facility-specific risk cility-specific basis; and ‘‘(B) the additional threshold criterion of assessment relating to a remedial action se- ‘‘(B) funded by the Administrator as costs compliance with all applicable environ- lected under this section shall be based on relating to each facility covered by the grant mental and siting laws (as described in para- known levels or scientific estimates of expo- arise. graph (3)(B)(iii)). sure, developed by taking into consideration ‘‘(3) PERMITTED USE OF GRANT FUNDS.—An ‘‘(3) REMEDY SELECTION.— the actual, planned, or reasonably antici- authorized State may use grant funds, in ac- ‘‘(A) IN GENERAL.—The President shall se- pated future use of the land and water re- cordance with this Act and the National lect a remedial action from among alter- sources covered by the remedial action. Contingency Plan, to take any action or per- natives that achieve the threshold criteria ‘‘(B) REGULATIONS.—Not later than 18 form any duty necessary to implement the described in paragraph (2)(A) in accordance months after the date of enactment of this authority delegated to the authorized State. with— subparagraph, the Administrator shall pro- ‘‘(i) the goals described in subparagraph mulgate final regulations that— ‘‘(4) PROHIBITED USE OF GRANT FUNDS.—An ‘‘(i) implement this section; and authorized State to which a grant is made (B); and ‘‘(ii) promote a realistic characterization under this section may not use grant funds ‘‘(ii) a facility-specific risk assessment of the risks posed by a facility or a proposed to pay any amount required under section under paragraph (4). remedial action that neither minimizes nor 104(c)(3). ‘‘(B) GOALS OF THRESHOLD CRITERIA.—With respect to the selection of a remedial action exaggerates the risks. ‘‘(5) NO CLAIM AGAINST FUND.—Notwith- under this section, the goals of the threshold ‘‘(C) USES.—A facility-specific risk assess- standing any other provision of law, funds criteria described in paragraph (2)(A) shall ment shall be used to— that may be provided under this subsection be as follows: ‘‘(i) determine the need for remedial ac- shall not constitute a claim against the Haz- ‘‘(i) PROTECTION OF HUMAN HEALTH.—A re- tion; ardous Substances Fund or the United medial action shall be considered to be pro- ‘‘(ii) evaluate the current and potential States. tective of human health if, taking into con- hazards, exposures, and risks at a facility; ‘‘(h) INSUFFICIENT FUNDS.—If funds made sideration any expected exposures associated ‘‘(iii) identify potential contaminants, available in any fiscal year are insufficient with the actual, planned, or reasonably an- areas, or exposure pathways from further to fund all commitments made by the Ad- ticipated future use of the land and water re- study at a facility; ministrator under this section, the Adminis- sources covered by the remedial action, and ‘‘(iv) evaluate the protectiveness of alter- trator shall have sole authority and discre- on the basis of a facility-specific risk evalua- native remedial actions proposed for a facil- tion to establish priorities and delay pay- tion conducted in accordance with this sec- ity; ments until such time as sufficient funds are tion, the remedial action achieves— ‘‘(v) demonstrate that the remedial action available. ‘‘(I) from exposure to nonthreshold car- selected for a facility is capable of pro- cinogenic hazardous substances, or pollut- tecting human health and the environment; ‘‘(i) COOPERATIVE AGREEMENTS.— ants or contaminants, at the facility, con- and ‘‘(1) IN GENERAL.—Nothing in this section centration levels that represent a cumu- affects the authority of the Administrator ‘‘(vi) establish protective concentration lative lifetime additional cancer risk from under section 104(d)(1) to enter into a cooper- levels, if no applicable requirement relating 10-4 to 10-6 for a representative exposed popu- ative agreement with a State, a political to concentration levels exists under sub- lation; and subdivision of a State, or an Indian tribe to section (d).’’. ‘‘(II) from exposure to threshold carcino- carry out actions under section 104. SEC. ll22. OBLIGATIONS FROM THE FUND FOR genic and noncarcinogenic hazardous sub- RESPONSE ACTIONS. ‘‘(2) PARTIAL AND FACILITY-SPECIFIC DELE- stances, or pollutants or contaminants, at Section 104(c)(1)(C) of the Comprehensive GATIONS.—The Administrator may use au- the facility, a residual risk that does not ex- Environmental Response, Compensation, and thority provided under paragraph (1) to ceed a hazard index of 1. Liability Act of 1980 (42 U.S.C. 9604(c)(1)(C)) make partial or facility-specific delegations ‘‘(ii) PROTECTION OF THE ENVIRONMENT.—A is amended— of authority under this section (including remedial action shall be considered to be (1) by striking ‘‘consistent with the reme- the authority to select a remedy).’’. protective of the environment if the reme- dial action to be taken’’ and inserting ‘‘not (b) CONFORMING AMENDMENT.—Section dial action— inconsistent with any remedial action that 111(a) of the Comprehensive Environmental ‘‘(I) protects ecosystems from significant has been selected or is anticipated at the Response, Compensation, and Liability Act threats to sustainability arising from expo- time of any removal action at a facility,’’; of 1980 (42 U.S.C. 9611(a)) is amended by in- sure resulting from a release of 1 or more (2) by striking ‘‘$2,000,000’’ and inserting serting after paragraph (6) the following: hazardous substances at a site; and ‘‘$4,000,000’’; and ‘‘(7) Making grants to authorized States ‘‘(II) does not cause a greater threat to the (3) by striking ‘‘12 months’’ and inserting under section 129(g).’’. sustainability of the ecosystems than would ‘‘2 years’’.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00077 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.102 pfrm04 PsN: S23PT1 S3188 CONGRESSIONAL RECORD — SENATE April 23, 2002

SEC. ll23. CONFORMING AMENDMENTS. ‘‘(A) IN GENERAL.—Except on occurrence of ‘‘(iv) RESTRICTIONS ON RECOVERY.—There (a) Section 113(h) of the Comprehensive En- a condition described in subparagraph (B), shall be no recovery from any person under vironmental Response, Compensation, and with respect to any period before the effec- this section for the costs of restoration, re- Liability Act of 1980 (42 U.S.C. 9613(h)) is tive date described in paragraph (4), no per- placement, or acquisition of the equivalent amended by striking ‘‘or relevant and appro- son (including the United States or any of a natural resource if the natural resource priate’’. State) may— injury, destruction, or loss for which the res- (b) Section 121(d) of the Comprehensive En- ‘‘(i) recover, under paragraph (3) or (4) of toration, replacement, or acquisition is vironmental Response, Compensation, and section 107(a), from a service station dealer sought, and the release of the hazardous sub- Liability Act of 1980 (42 U.S.C. 9621(d)) is for any response costs or damages resulting stance from which the injury resulted, oc- amended— from a release or threatened release of recy- curred wholly before December 11, 1980.’’. (1) in paragraph (1), by striking the second cled oil; or SEC. ll42. ASSESSMENT OF INJURY TO AND sentence; ‘‘(ii) use the authority of section 106 RESTORATION OF NATURAL RE- (2) in paragraph (2)— against a service station dealer (other than a SOURCES. (A) in subparagraph (A)— person described in paragraph (1) or (2) of Section 107(f)(2) of the Comprehensive En- (i) in the first sentence, by striking ‘‘or is section 107(a)). vironmental Response, Compensation, and ONDITIONS.—A condition referred to relevant and appropriate under the cir- ‘‘(B) C Liability Act of 1980 (42 U.S.C. 9607(f)(2)) is in subparagraph (A) is that a service station cumstances of the release or threatened re- amended by striking subparagraph (C) and dealer— lease of such hazardous substance or pollut- inserting the following: ant or contaminant’’; and ‘‘(i) mixes recycled oil with any other haz- ‘‘(C) NATURAL RESOURCE INJURY AND RES- (ii) in the second sentence, by striking ‘‘, ardous substance; or TORATION ASSESSMENTS.— where such goals or criteria are relevant and ‘‘(ii) fails to store, treat, transport, or oth- ‘‘(i) REGULATION.—A natural resource in- erwise manage the recycled oil in compli- appropriate under the circumstances of the jury and restoration assessment conducted ance with any applicable standard in effect release or threatened release’’ and inserting for the purposes of this Act by a Federal, on the date on which the storage, treatment, ‘‘in cases in which those goals or criteria are State, or tribal trustee shall be performed, transportation, or management activity oc- applicable’’; to the maximum extent practicable, in ac- curred. (B) by striking subparagraph (B) and in- cordance with— ‘‘(C) NO EFFECT ON JUDICIAL OR ADMINISTRA- serting the following: ‘‘(I) the regulations promulgated under TIVE ACTION.—Nothing in this paragraph af- ‘‘(B) ALTERNATE CONCENTRATION LIMITS.— section 301(c); and ‘‘(i) IN GENERAL.—Except as provided in fects any final judicial or administrative ac- tion.’’. ‘‘(II) generally accepted scientific and clause (ii), for the purposes of this section, a technical standards and methodologies to en- process for establishing alternate concentra- Subtitle D—Natural Resource Damages sure the validity and reliability of assess- tion limits to those otherwise applicable to SEC. ll41. RESTORATION OF NATURAL RE- ment results. hazardous constituents in groundwater SOURCES. ‘‘(ii) FACILITY-SPECIFIC CONDITIONS.—Injury under subparagraph (A) may not be used to Section 107(f) of the Comprehensive Envi- assessment, restoration planning, and quan- ronmental Response, Compensation, and Li- establish applicable standards under this tification of restoration costs shall, to the ability Act of 1980 (42 U.S.C. 9607(f)) is paragraph if the process assumes a point of extent practicable, be based on facility-spe- amended— human exposure beyond the boundary of the cific information. facility, as defined at the conclusion of the (1) by striking ‘‘(f)(1) NATURAL RESOURCES ‘‘(iii) RECOVERABLE COSTS.—A claim by a LIABILITY.—In the case’’ and inserting the remedial investigation and feasibility study. trustee for assessment costs— following: ‘‘(ii) EXCEPTION.—Clause (i) shall not apply ‘‘(I) may include only— in any case in which— ‘‘(f) NATURAL RESOURCE DAMAGES.— ‘‘(1) LIABILITY.— ‘‘(aa) costs that arise from work performed ‘‘(I) there are known and projected points for the purpose of assessing injury to a nat- of entry of groundwater described in clause ‘‘(A) IN GENERAL.—In the case’’; and (2) in paragraph (1)(A) (as designated by ural resource to support a claim for restora- (i) into surface water; tion of the natural resource; and ‘‘(II) on the basis of measurements or pro- paragraph (1))— (A) by inserting after the fourth sentence ‘‘(bb) costs that arise from developing and jections, there is or will be no statistically evaluating a reasonable range of alternative significant increase of those constituents the following: ‘‘Sums recovered by an Indian tribe as trustee under this subsection shall restoration measures; but from the groundwater in the surface water— ‘‘(II) may not include the costs of con- ‘‘(aa) at the point of entry; or be available for use only for restoration, re- placement, or acquisition of the equivalent ducting any type of study relying on the use ‘‘(bb) at any point at which there is reason of contingent valuation methodology. to believe accumulation of constituents may of those natural resources by the Indian ‘‘(iv) PAYMENT PERIOD.—In a case in which occur downstream; and tribe. A restoration, replacement, or acquisi- tion conducted by the United States, a injury to or destruction or loss of a natural ‘‘(III) a remedial action includes enforce- resource was caused by a release that oc- able measures that will preclude human ex- State, or an Indian tribe shall proceed only if the restoration, replacement, or acquisi- curred over a period of years, payment of posure to the contaminated groundwater at tion is technologically feasible from an engi- damages shall be permitted to be made over any point between the facility boundary and neering perspective (at a reasonable cost) a period of years that is appropriate based all known and projected points of entry of and consistent with all known or anticipated on— the groundwater into surface water. response actions at or near the facility.’’; ‘‘(I) the period of time over which the dam- ‘‘(iii) POINTS OF ENTRY.—In a case described and ages occurred; in clause (ii), an assumed point of human ex- (B) by striking ‘‘The measure of damages ‘‘(II) the amount of the damages; posure described in clause (i) may be at each in any action’’ and all that follows through ‘‘(III) the financial ability of the respon- known or projected point of entry described the end of the paragraph and inserting the sible party to pay the damages; and in clause (ii)(III).’’; and following: ‘‘(IV) the period over which, and the pace (C) in subparagraph (C)(i), by striking ‘‘of a ‘‘(B) LIMITATIONS ON LIABILITY.— at which, expenditures are expected to be proposed remedial action which does not per- ‘‘(i) MEASURE OF DAMAGES.—The measure made for restoration, replacement, and ac- manently and significantly reduce the vol- of damages in any action for damages for in- quisition activities. ume, toxicity, or mobility of hazardous sub- jury to, destruction of, or loss of natural re- ‘‘(v) TRUSTEE RESTORATION PLANS.— stances, pollutants, or contaminants’’; and sources shall be limited to— ‘‘(I) ADMINISTRATIVE RECORD.— (3) in the first sentence of paragraph (4), by ‘‘(I) the reasonable costs of restoration, re- ‘‘(aa) IN GENERAL.—A participating natural striking ‘‘or relevant and appropriate’’. placement, or acquisition of the equivalent resource trustees may designate 1 or more (c) Section 121(f) of the Comprehensive En- of the natural resources that suffer injury, lead administrative trustees. vironmental Response, Compensation, and destruction, or loss caused by a release; and ‘‘(bb) RECORD.—A lead administrative Liability Act of 1980 (42 U.S.C. 9621(f)) is ‘‘(II) the reasonable costs of assessing dam- trustee may establish an administrative amended— ages. record on which the trustees will base the se- (1) in the second sentence of paragraph ‘‘(ii) NONUSE OR LOST USE VALUES.—There lection of a plan for restoration of a natural (2)(A), by striking ‘‘or relevant and appro- shall be no recovery under this Act for any resource. priate’’; and impairment of— ‘‘(cc) PLAN.—A restoration plan selected (2) in the second sentence of paragraph ‘‘(I) nonuse values; or under item (bb) shall include a determina- (3)(A), by striking ‘‘or relevant and appro- ‘‘(II) lost use values. tion of the nature and extent of the natural priate’’. ‘‘(iii) NO DOUBLE RECOVERY.—A person that resource injury. Subtitle C—Recycled Oil Liability obtains a recovery of damages, response ‘‘(dd) PUBLIC AVAILABILITY.—The adminis- SEC. ll31. RECYCLED OIL LIABILITY. costs, assessment costs, or any other costs trative record shall be made available to Section 114(c) of the Comprehensive Envi- under this Act for the costs described in members of the public located at or near the ronmental Response, Compensation, and Li- clause (i) shall not be entitled to recovery facility at which the release occurred. ability Act of 1980 (42 U.S.C. 9614(c)) is under this Act or any other Federal or State ‘‘(II) PUBLIC PARTICIPATION.— amended by adding at the end the following: law for the same injury to or destruction or ‘‘(aa) IN GENERAL.—The Administrator ‘‘(5) PRIOR TO EFFECTIVE DATE.— loss of the natural resource. shall promulgate regulations that provide

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00078 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.102 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3189 for procedures under which interested per- sponse, Compensation, and Liability Act of (B) by redesignating subparagraphs (B) and sons (including potentially responsible par- 1980 (42 U.S.C. 9620(e)(2)) is amended in the (C) as subparagraphs (A) and (B), respec- ties) may participate in the development of second sentence by inserting ‘‘under section tively; the administrative record that is described 104’’ after ‘‘remedial action’’. (C) in subparagraph (A) (as redesignated by in subclause (I)(bb) and on which judicial re- subparagraph (B)), by striking ‘‘subpara- view of restoration plans will be based. SEC. ll52. FAIR SHARE ALLOCATION AND SET- graph (A) or for otherwise implementing’’; TLEMENTS. ‘‘(bb) MINIMUM REQUIREMENTS.—The proce- and dures described in item (aa) shall include, at Section 122(e) of the Comprehensive Envi- (D) in subparagraph (B) (as redesignated by a minimum, each of the requirements de- ronmental Response, Compensation, and Li- subparagraph (B)), by striking ‘‘preliminary’’ scribed in section 113(k)(2)(B).’’. ability Act of 1980 (42 U.S.C. 9622(e)) is each place it appears; and SEC. ll43. CONSISTENCY BETWEEN RESPONSE amended— (7) by adding at the end the following: ACTIONS AND RESOURCE RESTORA- (1) by striking ‘‘(e) SPECIAL’’ and all that ‘‘(7) SETTLEMENTS BASED ON ALLOCATIONS.— TION STANDARDS. follows through the end of paragraph (1) and ‘‘(A) AUTHORITY.— (a) RESTORATION STANDARDS AND ALTER- inserting the following: ‘‘(i) IN GENERAL.—The President may use NATIVES.—Section 107(f) of the Comprehen- ‘‘(e) FAIR SHARE ALLOCATION.— the authority under this section to enter sive Environmental Response, Compensa- ‘‘(1) PROCESS.—With respect to a facility into a settlement agreement with respect to tion, and Liability Act of 1980 (42 U.S.C. listed on the National Priorities List, the any response action that is the subject of an 9607(f)) is amended by adding at the end the allocation. following: President shall notify potentially respon- sible parties and initiate an impartial fair ‘‘(ii) SETTLEMENT.—A party may settle the ‘‘(3) COMPATIBILITY WITH REMEDIAL AC- share allocation conducted by a neutral liability of the party for response costs TION.— third party, if— under this Act for an amount equal to the ‘‘(A) IN GENERAL.—A response action and a ‘‘(A) there is more than 1 potentially re- sum of— restoration measure may be implemented— ‘‘(I) the allocated fair share of the party ‘‘(i) at the same facility; or sponsible party that is not— ‘‘(i) eligible for an exemption or limitation (including a reasonable risk premium that ‘‘(ii) to address releases from the same fa- reflects uncertainties existing at the time of cility. under section 107; ‘‘(ii) eligible to receive a settlement under settlement); and ‘‘(B) CONSISTENCY.—A response action and subsection (g); or ‘‘(II) a portion of unfunded and restoration measure described in subpara- unattributable shares described in subpara- graph (A)— ‘‘(iii) insolvent, bankrupt, or defunct; and ‘‘(B) 1 or more of the potentially respon- graph (B). ‘‘(i) shall not be inconsistent; and ‘‘(B) UNFUNDED AND UNATTRIBUTABLE ‘‘(ii) shall be implemented, to the max- sible parties agree to bear the costs of the al- location (which shall be considered to be re- SHARES.—Any share attributable to an insol- imum extent practicable, in a coordinated vent, defunct, or bankrupt party, or a share and integrated manner.’’. sponse costs under this Act) under such con- ditions as the President may prescribe.’’; that cannot be attributed to any particular (b) CONSIDERATION OF NATURAL RESOURCES party, shall be allocated among any respon- IN RESPONSE ACTIONS.—Section 121(a) of the (2) by striking paragraph (4); sible parties not exempted under this Act. Comprehensive Environmental Response, (3) by redesignating paragraphs (2) and (3) ‘‘(C) EFFECT ON PRINCIPLES OF LIABILITY.— Compensation, and Liability Act of 1980 (42 as paragraphs (3) and (4), respectively; Except as provided in paragraph (2), the au- U.S.C. 9621(a)) is amended— (4) by inserting after paragraph (1) the fol- thorization of an allocation process under (1) in the first sentence, by striking ‘‘The lowing: this section shall not modify or affect the President shall’’ and inserting the following: ‘‘(2) ALLOCATION FACTORS.— principles of liability under this title, as de- ‘‘(1) IN GENERAL.—The President shall’’; ‘‘(A) IN GENERAL.—In conducting an alloca- termined by the courts of the United (2) in the second sentence, by striking ‘‘In tion under this subsection, the allocator, States.’’. evaluating’’ and inserting the following: without regard to any theory of joint and ‘‘(2) EVALUATION.— several liability, shall estimate the fair Subtitle F—Funding ‘‘(A) COST-EFFECTIVENESS.—In evaluating’’; share of each potentially responsible party and using— SEC. ll61. AUTHORIZATION OF APPROPRIA- (3) by adding at the end the following: ‘‘(i) principles of equity; TIONS FROM THE FUND. ‘‘(B) INJURY TO NATURAL RESOURCES.—In ‘‘(ii) the best information reasonably avail- Section 111(a) of the Comprehensive Envi- evaluating and selecting remedial actions, able to the President, including information ronmental Response, Compensation, and Li- the President shall take into account the po- received from the potentially responsible ability Act of 1980 (42 U.S.C. 9611(a)) is tential for injury to a natural resource re- parties during the allocation process; and amended in the first sentence by striking sulting from those actions.’’. ‘‘(iii) the factors described in subparagraph ‘‘not more than $8,500,000,000 for the 5-year SEC. ll44. CONTRIBUTION. (B). period beginning on the date of enactment of Section 113(f)(1) of the Comprehensive En- ‘‘(B) FACTORS.—The factors referred to in the Superfund Amendments and Reauthor- vironmental Response, Compensation, and subparagraph (A)(iii) are— ization Act of 1986, and not more than Liability Act of 1980 (42 U.S.C. 9613(f)(1)) is ‘‘(i) the quantity of hazardous substances $5,100,000,000 for the period commencing Oc- amended in the third sentence by inserting contributed by each party; tober 1, 1991, and ending September 30, 1994’’ ‘‘and natural resource damages’’ after ‘‘(ii) the degree of toxicity of hazardous and inserting ‘‘$8,500,000,000 for the period of ‘‘costs’’. substances contributed by each party; fiscal years 2003 through 2007’’. Subtitle E—Miscellaneous ‘‘(iii) the mobility of hazardous substances contributed by each party; SEC. ll62. LIMITATIONS ON RESEARCH, DEVEL- SEC. ll51. CLARIFICATION OF TIMING OF RE- OPMENT, AND DEMONSTRATION VIEW. ‘‘(iv) the degree of involvement of each PROGRAMS. party in the generation, transportation, (a) CONGRESSIONAL INTENT.—Congress de- Section 111 of the Comprehensive Environ- clares that, contrary to the decision in Fort treatment, storage, or disposal of hazardous substances; mental Response, Compensation, and Liabil- Ord Toxics Project v. California Environ- ity Act of 1980 (42 U.S.C. 9611) is amended by mental Protection Agency, 189 F.3d 828 (9th ‘‘(v) the degree of care exercised by each striking subsection (n) and inserting the fol- Cir. 1999), and as recognized by the decisions party with respect to hazardous substances, lowing: in Werlein v. United States, 746 F. Supp. 887 taking into account the characteristics of (D. Minn. 1990), Heart of America Northwest the hazardous substances; ‘‘(n) LIMITATIONS ON RESEARCH, DEVELOP- v. Westinghouse Hanford Co., 820 F. Supp. ‘‘(vi) the cooperation of each party in con- MENT, AND DEMONSTRATION PROGRAMS.— 1265 (E.D. Wash. 1993), and Worldworks I v. tributing to any response action and in pro- ‘‘(1) ALTERNATIVE OR INNOVATIVE TECH- U.S. Army, 22 F. Supp. 1204 (D. Colo. 1998), viding complete and timely information to NOLOGIES RESEARCH, DEVELOPMENT, AND DEM- the challenges to a remedial action ‘‘selected the United States or the allocator; and ONSTRATION PROGRAMS.— under section 104’’ referred to in section ‘‘(vii) such other equitable factors as the ‘‘(A) LIMITATION.—For each of fiscal years 113(h) of the Comprehensive Environmental President considers appropriate.’’; 2003 through 2007, not more than $40,000,000 of Response, Compensation, and Liability Act (5) in paragraph (3) (as redesignated by the amounts available in the Hazardous Sub- of 1980 (42 U.S.C. 9613(h)) include a remedial paragraph (3))— stance Superfund may be used for purposes action selected under section 120 of that Act (A) by striking subparagraph (B); (other than basic research) to carry out the (42 U.S.C. 9620). (B) by redesignating subparagraph (C) as program authorized under section 311(b). (b) CLARIFICATION.— subparagraph (B); and ‘‘(B) AVAILABILITY.—Amounts made avail- (1) IN GENERAL.—Section 113(h) of the Com- (C) in subparagraph (B) (as redesignated by able under subparagraph (A) shall remain prehensive Environmental Response, Com- subparagraph (B)), by striking ‘‘negotiation’’ available until expended. pensation, and Liability Act of 1980 (42 each place it appears and inserting ‘‘alloca- ‘‘(2) UNIVERSITY HAZARDOUS SUBSTANCE RE- U.S.C. 9613(h)) is amended by striking ‘‘sec- tion’’; SEARCH CENTERS.—For each of fiscal years tion 104,’’ and inserting ‘‘section 104 (includ- (6) in paragraph (4) (as redesignated by 2003 through 2007, not more than $7,000,000 of ing under section 120),’’. paragraph (3))— the amounts available in the Hazardous Sub- (2) FEDERAL FACILITIES.—Section 120(e)(2) (A) by striking subparagraphs (A), (D), and stance Superfund may be used to carry out of the Comprehensive Environmental Re- (E); section 311(d).’’.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00079 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.102 pfrm04 PsN: S23PT1 S3190 CONGRESSIONAL RECORD — SENATE April 23, 2002 SEC. ll63. AUTHORIZATION OF APPROPRIA- (for himself and Mr. BINGAMAN) to the ‘‘(v) any other authority identified by the TIONS FROM GENERAL REVENUES. bill (S. 517) to authorize funding the Administrator under subsection (b). Section 111(p) of the Comprehensive Envi- Department of Energy to enhance its ‘‘(E) CATEGORY E.—All authorities nec- ronmental Response, Compensation, and Li- essary to perform information collection and ability Act of 1980 (42 U.S.C. 9611(p)) is mission areas through technology transfer and partnerships for fiscal allocation of liability, including— amended by striking paragraph (1) and in- ‘‘(i) information collection activity under serting the following: years 2002 through 2006, and for other section 104(e); ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— purposes; which was ordered to lie on ‘‘(ii) allocation of liability under section ‘‘(A) IN GENERAL.—There is authorized to the table; as follows: 135; be appropriated to the Hazardous Substance At the end, add the following: ‘‘(iii) a search for potentially responsible Superfund $850,000,000 for each of fiscal years DIVISION H—COMPREHENSIVE SUPER- parties under section 104 or 107; 2003 through 2007. FUND REAUTHORIZATION AND REFORM ‘‘(iv) settlement under section 122; ‘‘(B) ADDITIONAL AMOUNTS.—There is au- TITLE XIX—SUPERFUND ‘‘(v) enforcement authority related to the thorized to be appropriated to the Hazardous Subtitle A—State Role authorities described in clauses (i) through Substance Superfund for each fiscal year (iv); and SEC. 1901. DELEGATION TO THE STATES OF AU- specified in subparagraph (A) an amount, in ‘‘(vi) any other authority identified by the addition to the amount authorized by sub- THORITIES WITH RESPECT TO NA- TIONAL PRIORITIES LIST FACILI- Administrator under subsection (b). paragraph (A), equal to the portion of the ag- TIES. ‘‘(3) DELEGATED AUTHORITY.—The term gregate amount authorized to be appro- (a) IN GENERAL.—Title I of the Comprehen- ‘delegated authority’ means a delegable au- priated under this subsection and section sive Environmental Response, Compensa- thority that has been delegated to a dele- 9507(b) of the Internal Revenue Code of 1986 tion, and Liability Act of 1980 (42 U.S.C. 9601 gated State under this section. that is not appropriated before the beginning et seq.) is amended by adding at the end the ‘‘(4) DELEGATED FACILITY.—The term ‘dele- of the fiscal year.’’. following: gated facility’ means a non-Federal listed fa- SEC. ll64. ORPHAN SHARE FUNDING. ‘‘SEC. 129. DELEGATION TO THE STATES OF AU- cility with respect to which a delegable au- Section 111(a) of the Comprehensive Envi- THORITIES WITH RESPECT TO NA- thority has been delegated to a State under ronmental Response, Compensation, and Li- TIONAL PRIORITIES LIST FACILI- this section. TIES. ability Act of 1980 (42 U.S.C. 9611(a)) (as ‘‘(5) DELEGATED STATE.—The term ‘dele- ‘‘(a) DEFINITIONS.—In this section: amended by section ll11(b)) is amended by gated State’ means a State to which dele- inserting after paragraph (7) the following: ‘‘(1) COMPREHENSIVE DELEGATION STATE.— The term ‘comprehensive delegation State’, gable authority has been delegated under ‘‘(8) Payment of orphan shares under sec- subsection (c), except as may be provided in tion 122.’’. with respect to a facility, means a State to which the Administrator has delegated au- a delegation agreement in the case of a lim- SEC. ll65. LIMITATIONS. thority to perform all of the categories of ited delegation of authority under subsection Section 111 of the Comprehensive Environ- delegable authority. (c)(5). mental Response, Compensation, and Liabil- ‘‘(2) DELEGABLE AUTHORITY.—The term ‘del- ‘‘(6) ENFORCEMENT AUTHORITY.—The term ity Act of 1980 (42 U.S.C. 9611) is amended by egable authority’ means authority to per- ‘enforcement authority’ means all authori- adding at the end the following: form (or ensure performance of) all of the au- ties necessary to recover response costs, re- ‘‘(q) RECOVERIES.—Any response cost re- thorities included in any 1 or more of the quire potentially responsible parties to per- coveries collected by the United States categories of authority: form response actions, and otherwise compel under this Act shall be credited as offsetting ‘‘(A) CATEGORY A.—All authorities nec- implementation of a response action, collections to the Superfund appropriations essary to perform technical investigations, including— account.’’. evaluations, and risk analyses, including— ‘‘(A) issuance of an order under section SEC. ll66. COEUR D’ALENE RIVER BASIN, ‘‘(i) a preliminary assessment or facility 106(a); IDAHO. evaluation under section 104; ‘‘(B) a response action cost recovery under Title III of the Comprehensive Environ- ‘‘(ii) facility characterization under sec- section 107; mental Response, Compensation, and Liabil- tion 104; ‘‘(C) imposition of a civil penalty or award ity Act of 1980 (42 U.S.C. 9651 et seq.) is ‘‘(iii) a remedial investigation under sec- under subsection (a)(1)(D) or (b)(4) of section amended by adding at the end the following: tion 104; 109; ‘‘SEC. 313. COEUR D’ALENE RIVER BASIN, IDAHO. ‘‘(iv) a facility-specific risk evaluation ‘‘(D) settlement under section 122; and ‘‘(a) DEFINITION OF COEUR D’ALENE RIVER under section 130; ‘‘(E) any other authority identified by the BASIN.—In this section, the term ‘Coeur ‘‘(v) enforcement authority related to the Administrator under subsection (b). d’Alene River Basin’ means the watersheds authorities described in clauses (i) through ‘‘(7) NONCOMPREHENSIVE DELEGATION in northern Idaho (including the Bunker Hill (iv); and STATE.—The term ‘noncomprehensive delega- Superfund Facility) that contain— ‘‘(vi) any other authority identified by the tion State’, with respect to a facility, means ‘‘(1) the north and south forks of the Coeur Administrator under subsection (b). a State to which the Administrator has dele- d’Alene River (including tributaries of the ‘‘(B) CATEGORY B.—All authorities nec- gated authority to perform fewer than all of forks); essary to perform alternatives development the categories of delegable authority. ‘‘(2) the main stem of the Coeur d’Alene and remedy selection, including— ‘‘(8) NONDELEGABLE AUTHORITY.—The term River (including tributaries and lateral lakes ‘‘(i) a feasibility study under section 104; ‘nondelegable authority’ means authority of the main stem); and to— ‘‘(3) Lake Coeur d’Alene; and ‘‘(ii)(I) remedial action selection under sec- ‘‘(A) make grants to community response ‘‘(4) any area in the State downstream of tion 121 (including issuance of a record of de- organizations under section 117; and Lake Coeur d’Alene that is or has been af- cision); or ‘‘(B) conduct research and development ac- fected by mining-related activities. ‘‘(II) remedial action planning under sec- tivities under any provision of this Act. ‘‘(b) FUNDING.— tion 132(b)(5); ‘‘(9) NON-FEDERAL LISTED FACILITY.—The ‘‘(1) IN GENERAL.—There is appropriated to ‘‘(iii) enforcement authority related to the term ‘non-Federal listed facility’ means a fa- the Coeur d’Alene River Basin Commission authorities described in clauses (i) and (ii); cility that— established under section 39–3613 of the Idaho and ‘‘(A) is not owned or operated by a depart- Code (or a successor commission) to carry ‘‘(iv) any other authority identified by the ment, agency, or instrumentality of the out a pilot program to provide for environ- Administrator under subsection (b). United States in any branch of the Govern- mental response, natural resource restora- ‘‘(C) CATEGORY C.—All authorities nec- ment; and tion, and other related activities in the essary to perform remedial design, ‘‘(B) is listed on the National Priorities Coeur d’Alene River Basin, $250,000,000, to re- including— List. ‘‘(i) remedial design under section 121; main available until expended. ‘‘(b) IDENTIFICATION OF DELEGABLE AU- ‘‘(2) RECEIPT AND ACCEPTANCE.—The Coeur ‘‘(ii) enforcement authority related to the THORITIES.— d’Alene River Basin Commission shall be en- authority described in clause (i); and ‘‘(1) IN GENERAL.—The President shall by titled to receive the funds and shall accept ‘‘(iii) any other authority identified by the Administrator under subsection (b). regulation identify all of the authorities of the funds made available under paragraph the Administrator that shall be included in a (1).’’. ‘‘(D) CATEGORY D.—All authorities nec- essary to perform remedial action and oper- delegation of any category of delegable au- thority described in subsection (a)(2). SA 3309. Mr. SMITH of New Hamp- ation and maintenance, including— ‘‘(i) a removal under section 104; ‘‘(2) LIMITATION.—The Administrator shall shire submitted an amendment in- not identify a nondelegable authority for in- tended to be proposed to amendment ‘‘(ii) a remedial action under section 104; ‘‘(iii) operation and maintenance under clusion in a delegation of any category of SA 3190 submitted by Mr. TORRICELLI section 104(c); delegable authority. (for himself and Mr. GRAHAM) and in- ‘‘(iv) enforcement authority related to the ‘‘(c) DELEGATION OF AUTHORITY.— tended to be proposed to the amend- authorities described in clauses (i) through ‘‘(1) IN GENERAL.—Pursuant to an approved ment SA 2917 proposed by Mr. DASCHLE (iii); and State application, the Administrator shall

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00080 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.102 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3191

delegate authority to perform 1 or more dele- ‘‘(E) JUDICIAL REVIEW.—The State (but no ‘‘(ii) COSTLIER REMEDIAL ACTION.— gable authorities with respect to 1 or more other person) shall be entitled to judicial re- ‘‘(I) IN GENERAL.—A delegated State may non-Federal listed facilities in the State. view under section 113(b) of a disapproval of select a remedial action for a delegated facil- ‘‘(2) APPLICATION.—An application under a resubmitted application. ity that has a greater response cost (includ- paragraph (1) shall— ‘‘(4) DELEGATION AGREEMENT.—On approval ing operation and maintenance costs) than ‘‘(A) identify each non-Federal listed facil- of a delegation of authority under this sec- the response cost for a remedial action that ity for which delegation is requested; tion, the Administrator and the delegated would be selected by the Administrator ‘‘(B) identify each delegable authority that State shall enter into a delegation agree- under section 121, if the State pays for the is requested to be delegated for each non- ment that identifies each category of dele- difference in cost. Federal listed facility for which delegation is gable authority that is delegated with re- ‘‘(II) NO COST RECOVERY.—If a delegated requested; and spect to each delegated facility. State selects a more costly remedial action ‘‘(C) certify that the State, supported by ‘‘(5) LIMITED DELEGATION.— under subclause (I), the State shall not be such documentation as the State, in con- ‘‘(A) IN GENERAL.—In the case of a State entitled to seek cost recovery under this Act sultation with the Administrator, considers that does not meet the requirements of para- or any other Federal or State law from any to be appropriate— graph (2)(C) the Administrator may delegate other person for the difference in cost. ‘‘(i) has statutory and regulatory authority to the State limited authority to perform, ‘‘(4) JUDICIAL REVIEW.—An order that is (including appropriate enforcement author- ensure the performance of, or supervise or issued under section 106 by a delegated State ity) to perform the requested delegable au- otherwise participate in the performance of 1 with respect to a delegated facility shall be thorities in a manner that is protective of or more delegable authorities, as appropriate reviewable only in United States district human health and the environment; in view of the extent to which the State has court under section 113. ‘‘(ii) has resources in place to adequately the required legal authority, financial and ‘‘(5) DELISTING OF NATIONAL PRIORITIES LIST administer and enforce the authorities; personnel resources, organization, and exper- FACILITIES.— ‘‘(iii) has procedures to ensure public no- tise. ‘‘(A) DELISTING.—After notice and an op- tice and, as appropriate, opportunity for ‘‘(B) SPECIAL PROVISIONS.—In the case of a portunity for public comment, a delegated comment on remedial action plans, con- limited delegation of authority to a State State may remove from the National Prior- sistent with sections 117 and 132; and under subparagraph (A), the Administrator ‘‘(iv) agrees to exercise its enforcement au- shall specify the extent to which the State ities List all or part of a delegated facility— thorities to require that persons that are po- shall be considered to be a delegated State ‘‘(i) if the State makes a finding that no tentially liable under section 107(a), to the for the purposes of this Act. further action is needed to be taken at the extent practicable, perform and pay for the ‘‘(d) PERFORMANCE OF DELEGATED AUTHORI- facility (or part of the facility) under any ap- response actions set forth in each category TIES.— plicable law to protect human health and the described in subsection (a)(2). ‘‘(1) IN GENERAL.—A delegated State shall environment consistent with paragraphs (1) ‘‘(3) APPROVAL OF APPLICATION.— have sole authority (except as provided in and (2) of section 121(a); ‘‘(A) IN GENERAL.—Not later than 60 days paragraph (6)(B), subsection (e)(4), and sub- ‘‘(ii) with the concurrence of the poten- after receiving an application under para- section (g)) to perform a delegated authority tially responsible parties, if the State has an graph (2) by a State that is authorized to ad- with respect to a delegated facility. enforceable agreement to perform all re- minister and enforce the corrective action ‘‘(2) AGREEMENTS FOR PERFORMANCE OF DEL- quired remedial action and operation and requirements of a hazardous waste program EGATED AUTHORITIES.— maintenance for the facility or if the clean- under section 3006 of the Solid Waste Dis- ‘‘(A) IN GENERAL.—Except as provided in up will proceed at the facility under sub- posal Act (42 U.S.C. 6926), and not later than subparagraph (B), a delegated State may section (u) or (v) of section 3004 of the Solid 120 days after receiving an application from enter into an agreement with a political sub- Waste Disposal Act (42 U.S.C. 6924); or a State that is not authorized to administer division of the State, an interstate body ‘‘(iii) if the State is a comprehensive dele- and enforce the corrective action require- comprised of that State and another dele- gation State with respect to the facility. ments of a hazardous waste program under gated State or States, or a combination of ‘‘(B) EFFECT OF DELISTING.—A delisting section 3006 of the Solid Waste Disposal Act such subdivisions or interstate bodies, pro- under clause (ii) or (iii) of subparagraph (A) (42 U.S.C. 6926), unless the State agrees to a viding for the performance of any category shall not affect— greater length of time for the Administrator of delegated authority with respect to a dele- ‘‘(i) the authority or responsibility of the to make a determination, the Administrator gated facility in the State if the parties to State to complete remedial action and oper- shall— the agreement agree in the agreement to un- ation and maintenance; ‘‘(i) issue a notice of approval of the appli- dertake response actions that are consistent ‘‘(ii) the eligibility of the State for funding cation (including approval or disapproval re- with this Act. under this Act; garding any or all of the facilities with re- ‘‘(B) NO AGREEMENT WITH POTENTIALLY RE- ‘‘(iii) notwithstanding the limitation on spect to which a delegation of authority is SPONSIBLE PARTY.—A delegated State shall section 104(c)(1), the authority of the Admin- requested or with respect to any or all of the not enter into an agreement under subpara- istrator to make expenditures from the Fund authorities that are requested to be dele- graph (A) with a political subdivision or relating to the facility; or gated); or interstate body that is, or includes as a com- ‘‘(iv) the enforceability of any consent ‘‘(ii) if the Administrator determines that ponent an entity that is, a potentially re- order or decree relating to the facility. the State does not have adequate legal au- sponsible party with respect to a delegated ‘‘(C) NO RELISTING.— thority, financial and personnel resources, facility covered by the agreement. ‘‘(i) IN GENERAL.—Except as provided in organization, or expertise to administer and ‘‘(C) CONTINUING RESPONSIBILITY.—A dele- clause (ii), the Administrator shall not relist enforce any of the requested delegable au- gated State that enters into an agreement on the National Priorities List a facility or thority, issue a notice of disapproval, includ- under subparagraph (A)— part of a facility that has been removed from ing an explanation of the basis for the deter- ‘‘(i) shall exercise supervision over and ap- the National Priorities List under subpara- mination. prove the activities of the parties to the graph (A). ‘‘(B) FAILURE TO ACT.—If the Administrator agreement; and ‘‘(ii) CLEANUP NOT COMPLETED.—The Ad- does not issue a notice of approval or notice ‘‘(ii) shall remain responsible for ensuring ministrator may relist a facility or part of a of disapproval of all or any portion of an ap- performance of the delegated authority. facility that has been removed from the Na- plication within the applicable time period ‘‘(3) COMPLIANCE WITH ACT.— tional Priorities List under subparagraph (A) under subparagraph (A), the application ‘‘(A) NONCOMPREHENSIVE DELEGATION if cleanup is not completed in accordance shall be deemed to have been granted. STATES.—A noncomprehensive delegation with the enforceable agreement under sub- ‘‘(C) RESUBMISSION OF APPLICATION.— State shall implement each applicable provi- paragraph (A)(ii). ‘‘(i) IN GENERAL.—If the Administrator dis- sion of this Act (including regulations and ‘‘(6) COST RECOVERY.— approves an application under paragraph (1), guidance issued by the Administrator) so as ‘‘(A) RECOVERY BY A DELEGATED STATE.—Of the State may resubmit the application at to perform each delegated authority with re- the amount of any response costs recovered any time after receiving the notice of dis- spect to a delegated facility in the same from a responsible party by a delegated approval. manner as would the Administrator with re- State for a delegated facility under section ‘‘(ii) FAILURE TO ACT.—If the Administrator spect to a facility that is not a delegated fa- 107— does not issue a notice of approval or notice cility. ‘‘(i) 25 percent of the amount of any Fed- of disapproval of a resubmitted application ‘‘(B) COMPREHENSIVE DELEGATION STATES.— eral response cost recovered with respect to within the applicable time period under sub- ‘‘(i) IN GENERAL.—A comprehensive delega- a facility, plus an amount equal to the paragraph (A), the resubmitted application tion State shall implement applicable provi- amount of response costs incurred by the shall be deemed to have been granted. sions of this Act or of similar provisions of State with respect to the facility, may be re- ‘‘(D) NO ADDITIONAL TERMS OR CONDITIONS.— State law in a manner comporting with tained by the State; and The Administrator shall not impose any State policy, so long as the remedial action ‘‘(ii) the remainder shall be deposited in term or condition on the approval of an ap- that is selected protects human health and the Hazardous Substances Superfund estab- plication that meets the requirements stated the environment to the same extent as would lished under subchapter A of chapter 98 of in paragraph (2) (except that any technical a remedial action selected by the Adminis- the Internal Revenue Code of 1986. deficiencies in the application be corrected). trator under section 121. ‘‘(B) RECOVERY BY THE ADMINISTRATOR.—

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00081 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.148 pfrm04 PsN: S23PT1 S3192 CONGRESSIONAL RECORD — SENATE April 23, 2002

‘‘(i) IN GENERAL.—The Administrator may thority was made under subsection (c)(5) has tion to establish priorities and to delay pay- take action under section 107 to recover re- materially breached the delegation agree- ments until funds are available. sponse costs from a responsible party for a ment, the Administrator may withdraw the ‘‘(4) DETERMINATION OF COSTS ON A FACIL- delegated facility if— delegation after providing notice and oppor- ITY-SPECIFIC BASIS.—The Administrator ‘‘(I) the delegated State notifies the Ad- tunity to correct deficiencies under subpara- shall— ministrator in writing that the delegated graph (D). ‘‘(A) determine— State does not intend to pursue action for re- ‘‘(C) NOTICE AND OPPORTUNITY TO COR- ‘‘(i) the delegable authorities the costs of covery of response costs under section 107 RECT.—If the Administrator proposes to performing which it is practicable to deter- against the responsible party; or withdraw a delegation of authority for any mine on a facility-specific basis; and ‘‘(II) the delegated State fails to take ac- or all delegated facilities, the Administrator ‘‘(ii) the delegable authorities the costs of tion to recover response costs within a rea- shall give the State written notice and allow performing which it is not practicable to de- sonable time in light of applicable statutes the State at least 90 days after the date of termine on a facility-specific basis; and of limitation. receipt of the notice to correct the defi- ‘‘(B) publish a list describing the delegable ‘‘(ii) NOTICE.—If the Administrator pro- ciencies cited in the notice. authorities in each category. poses to commence an action for recovery of ‘‘(D) FAILURE TO CORRECT.—If the Adminis- ‘‘(5) FACILITY-SPECIFIC GRANTS.—The costs response costs under section 107, the Admin- trator finds that the deficiencies have not described in paragraph (4)(A)(ii) shall be istrator shall give the State written notice been corrected within the time specified in a funded as such costs arise with respect to and allow the State at least 90 days after re- notice under subparagraph (C), the Adminis- each delegated facility. ceipt of the notice to commence the action. trator may withdraw delegation of authority ‘‘(6) NONFACILITY-SPECIFIC GRANTS.— ‘‘(iii) NO FURTHER ACTION.—If the Adminis- after providing public notice and oppor- ‘‘(A) IN GENERAL.—The costs described in trator takes action against a potentially re- tunity for comment. paragraph (4)(A)(ii) shall be funded through sponsible party under section 107 relating to ‘‘(E) JUDICIAL REVIEW.—A decision of the nonfacility-specific grants under this para- a release from a delegated facility, the dele- Administrator to withdraw a delegation of graph. gated State may not take any other action authority shall be subject to judicial review ‘‘(B) FORMULA.—The Administrator shall for recovery of response costs relating to under section 113(b). establish a formula under which funds avail- that release under this Act or any other Fed- ‘‘(3) RULE OF CONSTRUCTION.—Nothing in able for nonfacility-specific grants shall be eral or State law. this section shall be construed to affect the allocated among the delegated States, tak- ‘‘(e) FEDERAL RESPONSIBILITIES AND AU- authority of the Administrator under this ing into consideration— THORITIES.— Act to— ‘‘(i) the cost of administering the delegated ‘‘(1) REVIEW USE OF FUNDS.— ‘‘(A) take a response action at a facility authority; ‘‘(A) IN GENERAL.—The Administrator shall listed on the National Priorities List in a ‘‘(ii) the number of sites for which the review the certification submitted by the State to which a delegation of authority has State has been delegated authority; Governor under subsection (f)(8) not later not been made under this section or at a fa- ‘‘(iii) the types of activities for which the than 120 days after the date of its submis- cility not included in a delegation of author- State has been delegated authority; sion. ity; or ‘‘(iv) the number of facilities within the ‘‘(B) FINDING OF USE OF FUNDS INCONSISTENT State that are listed on the National Prior- ‘‘(B) perform a delegable authority with re- WITH THIS ACT.—If the Administrator finds ities List or are delegated facilities under spect to a facility that is not included among that funds were used in a manner that is in- subsection (d)(5); the authorities delegated to a State with re- consistent with this Act, the Administrator ‘‘(v) the number of other high priority fa- spect to the facility. shall notify the Governor in writing not cilities within the State; ‘‘(4) RETAINED AUTHORITY.— later than 120 days after receiving the cer- ‘‘(vi) the need for the development of the ‘‘(A) NOTICE.—Before performing an emer- tification of the Governor. State program; gency removal action under section 104 at a ‘‘(C) EXPLANATION.—Not later than 30 days ‘‘(vii) the need for additional personnel; delegated facility, the Administrator shall after receiving a notice under subparagraph ‘‘(viii) the amount of resources available notify the delegated States of the intention (B), the Governor shall— through State programs for the cleanup of of the Administrator to perform the re- ‘‘(i) explain why the finding of the Admin- contaminated sites; and istrator is in error; or moval. ‘‘(ix) the benefit to human health and the ‘‘(ii) explain to the satisfaction of the Ad- ‘‘(B) STATE ACTION.—If, after receiving a environment of providing the funding. notice under subparagraph (A), the delegated ministrator how any misapplication or mis- ‘‘(7) PERMITTED USE OF GRANT FUNDS.—A use of funds will be corrected. State notifies the Administrator within 48 delegated State may use grant funds, in ac- ‘‘(D) FAILURE TO EXPLAIN.—If the Governor hours that the State intends to take action cordance with this Act and the National fails to make an explanation under subpara- to perform an emergency removal at the del- Contingency Plan, to take any action or per- graph (C) to the satisfaction of the Adminis- egated facility, the Administrator shall not form any duty necessary to implement the trator, the Administrator may request reim- perform the emergency removal action un- authority delegated to the State under this bursement of such amount of funds as the less the Administrator determines that the section. delegated State has failed to act within a Administrator finds was misapplied or mis- ‘‘(8) COST SHARE.— reasonable period of time to perform the used. ‘‘(A) ASSURANCE.—A delegated State to ‘‘(E) REPAYMENT OF FUNDS.—If the Admin- emergency removal. which a grant is made under this subsection istrator fails to obtain reimbursement from ‘‘(C) IMMEDIATE AND SIGNIFICANT DANGER.— shall provide an assurance that the State the State within a reasonable period of time, If the Administrator finds that an emer- will pay any amount required under section the Administrator may, after 30 days’ notice gency at a delegated facility poses an imme- 104(c)(3). diate and significant danger to human health to the State, bring a civil action in United ‘‘(B) PROHIBITED USE OF GRANT FUNDS.—A States district court to recover from the del- or the environment, the Administrator shall delegated State to which a grant is made egated State any funds that were advanced not be required to provide notice under sub- under this subsection may not use grant for a purpose or were used for a purpose or in paragraph (A). funds to pay any amount required under sec- a manner that is inconsistent with this Act. ‘‘(5) PROHIBITED ACTIONS.—Except as pro- tion 104(c)(3). vided in subsections (d)(6)(B), (e)(4), and (g) ‘‘(2) WITHDRAWAL OF DELEGATION OF AU- ‘‘(9) CERTIFICATION OF USE OF FUNDS.— or except with the concurrence of the dele- THORITY.— ‘‘(A) IN GENERAL.—Not later than 1 year ‘‘(A) DELEGATED STATES.—If at any time gated State, the President, the Adminis- after the date on which a delegated State re- the Administrator finds that contrary to a trator, and the Attorney General shall not ceives funds under this subsection, and annu- certification made under subsection (c)(2), a take any action under section 104, 106, 107, ally thereafter, the Governor of the State delegated State— 109, 121, or 122 in performance of a delegable shall submit to the Administrator— ‘‘(i) lacks the required financial and per- authority that has been delegated to a State ‘‘(i) a certification that the State has used sonnel resources, organization, or expertise with respect to a delegated facility. the funds in accordance with the require- to administer and enforce the requested dele- ‘‘(f) FUNDING.— ments of this Act and the National Contin- gated authorities; ‘‘(1) IN GENERAL.—The Administrator shall gency Plan; and ‘‘(ii) does not have adequate legal author- provide grants to or enter into contracts or ‘‘(ii) information describing the manner in ity to request and accept delegation; or cooperative agreements with delegated which the State used the funds. ‘‘(iii) is failing to materially carry out the States to carry out this section. ‘‘(B) REGULATIONS.—Not later than 1 year delegated authorities of the State, ‘‘(2) NO CLAIM AGAINST FUND.—Notwith- after the date of enactment of this section, the Administrator may withdraw a delega- standing any other law, funds to be granted the Administrator shall issue a regulation tion of authority with respect to a delegated under this subsection shall not constitute a describing with particularity the informa- facility after providing notice and oppor- claim against the Fund or the United States. tion that a State shall be required to provide tunity to correct deficiencies under subpara- ‘‘(3) INSUFFICIENT FUNDS AVAILABLE.—If under subparagraph (A)(ii). graph (D). funds are unavailable in any fiscal year to ‘‘(g) COOPERATIVE AGREEMENTS.—Nothing ‘‘(B) STATES WITH LIMITED DELEGATIONS OF satisfy all commitments made under this in this section shall affect the authority of AUTHORITY.—If the Administrator finds that section by the Administrator, the Adminis- the Administrator under section 104(d)(1) to a State to which a limited delegation of au- trator shall have sole authority and discre- enter into a cooperative agreement with a

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.148 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3193 State, a political subdivision of a State, or moval’’ each place it appears and inserting sponse organization shall report or allow an Indian tribe to carry out actions under ‘‘response’’. presentation of divergent views. section 104.’’. (2) CONFORMING AMENDMENT.—Section ‘‘(5) TECHNICAL ASSISTANCE GRANTS.— (b) STATE COST SHARE.—Section 104(c) of 101(37)(B) of the Comprehensive Environ- ‘‘(A) PREFERRED RECIPIENT.—If a commu- the Comprehensive Environmental Response, mental Response, Compensation, and Liabil- nity response organization exists for a facil- Compensation, and Liability Act of 1980 (42 ity Act of 1980 (42 U.S.C. 9601(37)(B)) is ity, the community response organization U.S.C. 9604(c)) is amended— amended by striking ‘‘section 114(c)’’ and in- shall be the preferred recipient of a technical (1) by striking ‘‘(c)(1) Unless’’ and inserting serting ‘‘section 114(b)’’. assistance grant under subsection (f). the following: Subtitle B—Community Participation ‘‘(B) PRIOR AWARD.—If a technical assist- ‘‘(c) MISCELLANEOUS LIMITATIONS AND RE- ance grant concerning a facility has been QUIREMENTS.— SEC. 1911. COMMUNITY RESPONSE ORGANIZA- awarded prior to establishment of a commu- ‘‘(1) CONTINUANCE OF OBLIGATIONS FROM TIONS; TECHNICAL ASSISTANCE nity response organization— GRANTS; IMPROVEMENT OF PUBLIC FUND.—Unless’’; ‘‘(i) the recipient of the grant shall coordi- (2) by striking ‘‘(2) The President’’ and in- PARTICIPATION IN THE SUPERFUND DECISIONMAKING PROCESS. nate its activities and share information and serting the following: technical expertise with the community re- ‘‘(2) CONSULTATION.—The President’’; and (a) AMENDMENT.—Section 117 of the Com- prehensive Environmental Response, Com- sponse organization; and (3) by striking paragraph (3) and inserting ‘‘(ii) 1 person representing the grant recipi- the following: pensation, and Liability Act of 1980 (42 U.S.C. 9617) is amended by striking sub- ent shall serve on the community response ‘‘(3) STATE COST SHARE.— organization. section (e) and inserting the following: ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(6) MEMBERSHIP.— ‘‘(e) COMMUNITY RESPONSE ORGANIZA- not provide any remedial action under this ‘‘(A) NUMBER.—The Administrator shall se- TIONS.— section unless the State in which the release lect not less than 15 nor more than 20 per- ‘‘(1) ESTABLISHMENT.—The Administrator occurs first enters into a contract or cooper- sons to serve on a community response orga- shall create a community response organiza- ative agreement with the Administrator pro- nization. tion for a facility that is listed or proposed viding assurances deemed adequate by the ‘‘(B) NOTICE.—Before selecting members of for listing on the National Priorities List— Administrator that the State will pay, in the community response organization, the cash or through in-kind contributions, a ‘‘(A) if the Administrator determines that Administrator shall provide a notice of in- specified percentage of the costs of the reme- a representative public forum will be helpful tent to establish a community response or- dial action and operation and maintenance in promoting direct, regular, and meaningful ganization to persons who reside in the local costs. consultation among persons interested in re- community. medial action at the facility; or ‘‘(B) ACTIVITIES WITH RESPECT TO WHICH ‘‘(C) REPRESENTED GROUPS.—The Adminis- STATE COST SHARE IS REQUIRED.—No State ‘‘(B) at the request of— trator shall, to the extent practicable, ap- cost share shall be required except for reme- ‘‘(i) 50 individuals residing in, or at least 20 point members to the community response dial actions under section 104. percent of the population of, the area in organization from each of the following ‘‘(C) SPECIFIED PERCENTAGE.— which the facility is located; groups of persons: ‘‘(i) IN GENERAL.—The specified percentage ‘‘(ii) a representative group of the poten- ‘‘(i) Persons who reside or own residential of costs that a State shall be required to tially responsible parties; or property near the facility. share shall be the lower of 10 percent or the ‘‘(iii) any local governmental entity with ‘‘(ii) Persons who, although they may not percentage determined under clause (ii). jurisdiction over the facility. reside or own property near the facility, may ‘‘(ii) MAXIMUM IN ACCORDANCE WITH LAW ‘‘(2) RESPONSIBILITIES.—A community re- be adversely affected by a release from the PRIOR TO 1996 AMENDMENTS.— sponse organization shall— facility. ‘‘(I) IN GENERAL.—On petition by a State, ‘‘(A) solicit the views of the local commu- ‘‘(iii) Persons who are members of the local the Director of the Office of Management nity on various issues affecting the develop- public health or medical community and are and Budget (referred to in this clause as the ment and implementation of remedial ac- practicing in the community. ‘Director’), after providing public notice and tions at the facility; ‘‘(iv) Representatives of Indian tribes or opportunity for comment, shall establish a ‘‘(B) serve as a conduit of information to Indian communities that reside or own prop- cost share percentage, which shall be uni- and from the community to appropriate Fed- erty near the facility or that may be ad- form for all facilities in the State, at the eral, State, and local agencies and poten- versely affected by a release from the facil- percentage rate at which the total amount of tially responsible parties; ity. anticipated payments by the State under the ‘‘(C) serve as a representative of the local ‘‘(v) Local representatives of citizen, envi- cost share for all facilities in the State for community during the remedial action plan- ronmental, or public interest groups with which a cost share is required most closely ning and implementation process; and members residing in the community. approximates the total amount of estimated ‘‘(D) provide reasonable notice of and op- ‘‘(vi) Representatives of local govern- cost share payments by the State for facili- portunities to participate in the meetings ments, such as city or county governments, ties that would have been required under and other activities of the community re- or both, and any other governmental unit cost share requirements that were applicable sponse organization. that regulates land use or land use planning prior to the date of enactment of this sub- ‘‘(3) ACCESS TO DOCUMENTS.—The Adminis- in the vicinity of the facility. paragraph, adjusted to reflect the extent to trator shall provide a community response ‘‘(vii) Members of the local business com- which the ability of the State to recover organization access to documents in posses- munity. costs under this Act were reduced by reason sion of the Federal Government regarding re- ‘‘(D) PROPORTION.—Local residents shall of enactment of amendments to this Act by sponse actions at the facility that do not re- comprise not less than 60 percent of the division H of the Energy Policy Act of 2002. late to liability and are not protected from membership of a community response orga- ‘‘(II) ADJUSTMENT.—The Director may ad- disclosure as confidential business informa- nization. just the cost share of a State under this tion. ‘‘(E) PAY.—Members of a community re- clause not more frequently than every 3 ‘‘(4) COMMUNITY RESPONSE ORGANIZATION sponse organization shall serve without pay. years. INPUT.— ‘‘(7) PARTICIPATION BY GOVERNMENT REP- ‘‘(D) INDIAN TRIBES.—In the case of reme- ‘‘(A) CONSULTATION.—The Administrator RESENTATIVES.—Representatives of the Ad- dial action to be taken on land or water held (or if the remedial action plan is being pre- ministrator, the Administrator of the Agen- by an Indian tribe, held by the United States pared or implemented by a party other than cy for Toxic Substances and Disease Reg- in trust for Indians, held by a member of an the Administrator, the other party) shall— istry, other Federal agencies, and the State, Indian tribe (if the land or water is subject ‘‘(i) consult with the community response as appropriate, shall participate in commu- to a trust restriction on alienation), or oth- organization in developing and imple- nity response organization meetings to pro- erwise within the borders of an Indian res- menting the remedial action plan; and vide information and technical expertise, but ervation, the requirements of this paragraph ‘‘(ii) keep the community response organi- shall not be members of the community re- shall not apply.’’. zation informed of progress in the develop- sponse organization. (c) USES OF FUND.—Section 111(a) of the ment and implementation of the remedial ‘‘(8) ADMINISTRATIVE SUPPORT.—The Ad- Comprehensive Environmental Response, action plan. ministrator, to the extent practicable, shall Compensation, and Liability Act of 1980 (42 ‘‘(B) TIMELY SUBMISSION OF COMMENTS.— provide administrative services and meeting U.S.C. 9611(a)) is amended by inserting after The community response organization shall facilities for community response organiza- paragraph (6) the following: provide its comments, information, and rec- tions. ‘‘(7) GRANTS TO DELEGATED STATES.—Mak- ommendations in a timely manner to the Ad- ‘‘(9) FACA.—The Federal Advisory Com- ing a grant to a delegated State under sec- ministrator (and other party). mittee Act (5 U.S.C. App.) shall not apply to tion 129(f).’’. ‘‘(C) CONSENSUS.—The community response a community response organization. (d) RELATIONSHIP TO OTHER LAWS.— organization shall attempt to achieve con- ‘‘(f) TECHNICAL ASSISTANCE GRANTS.— (1) IN GENERAL.—Section 114(b) of the Com- sensus among its members before providing ‘‘(1) DEFINITIONS.—In this subsection: prehensive Environmental Response, Com- comments and recommendations to the Ad- ‘‘(A) AFFECTED CITIZEN GROUP.—The term pensation, and Liability Act of 1980 (42 ministrator (and other party), but if con- ‘affected citizen group’ means a group of 2 or U.S.C. 9614(b)) is amended by striking ‘‘re- sensus cannot be reached, the community re- more individuals who may be affected by the

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00083 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.148 pfrm04 PsN: S23PT1 S3194 CONGRESSIONAL RECORD — SENATE April 23, 2002 release or threatened release of a hazardous ‘‘(ii) the work plan; ment, agency, or instrumentality of the substance, pollutant, or contaminant at any ‘‘(iii) the facility evaluation; United States); or facility on the State Registry or the Na- ‘‘(iv) a proposed remedial action plan, a re- ‘‘(C) waives, compromises, or affects any tional Priorities List. medial action plan, and a final remedial de- privilege that may be applicable to a com- ‘‘(B) TECHNICAL ASSISTANCE GRANT.—The sign for a facility; munication related to an activity described term ‘technical assistance grant’ means a ‘‘(v) response actions carried out at the fa- in subparagraph (A) or (B). grant made under paragraph (2). cility; and ‘‘(4) EVALUATION.— ‘‘(2) AUTHORITY.— ‘‘(vi) operation and maintenance activities ‘‘(A) IN GENERAL.—To the extent prac- ‘‘(A) IN GENERAL.—In accordance with a at the facility. ticable, before and during the facility eval- regulation issued by the Administrator, the ‘‘(B) PROHIBITED USE.—A technical assist- uation, the Administrator shall solicit and Administrator may make grants available to ance grant may not be used for the purpose evaluate concerns, interests, and informa- affected citizen groups. of collecting field sampling data. tion from the community. ‘‘(B) AVAILABILITY OF APPLICATION PROC- ‘‘(9) GRANT GUIDELINES.— ‘‘(B) PROCEDURE.—An evaluation under ESS.—To ensure that the application process ‘‘(A) IN GENERAL.—Not later than 90 days subparagraph (A) shall include, as for a technical assistance grant is available after the date of enactment of this para- appropriate— to all affected citizen groups, the Adminis- graph, the Administrator shall develop and ‘‘(i) face-to-face community surveys to trator shall periodically review the process publish guidelines concerning the manage- identify the location of private drinking and, based on the review, implement appro- ment of technical assistance grants by grant water wells, historic and current or potential priate changes to improve availability. recipients. use of water, and other environmental re- ‘‘(3) SPECIAL RULES.— ‘‘(B) HIRING OF EXPERTS.—A recipient of a sources in the community; ‘‘(A) NO MATCHING CONTRIBUTION.—No technical assistance grant that hires tech- ‘‘(ii) a public meeting; matching contribution shall be required for a nical experts and other experts shall act in ‘‘(iii) written responses to significant con- technical assistance grant. accordance with the guidelines under sub- cerns; and ‘‘(B) AVAILABILITY IN ADVANCE.—The Ad- paragraph (A). ‘‘(iv) other appropriate participatory ac- ministrator shall make all or a portion (but MPROVEMENT OF PUBLIC PARTICIPA- tivities. not less than $5,000 or 10 percent of the grant ‘‘(g) I amount, whichever is greater) of the grant TION IN THE SUPERFUND DECISIONMAKING ‘‘(5) VIEWS AND PREFERENCES.— amount available to a grant recipient in ad- PROCESS.— ‘‘(A) SOLICITATION.—During the facility vance of the total expenditures to be covered ‘‘(1) IN GENERAL.— evaluation, the Administrator (or other per- by the grant. ‘‘(A) MEETINGS AND NOTICE.—In order to son performing the facility evaluation) shall provide an opportunity for meaningful public solicit the views and preferences of the com- ‘‘(4) LIMIT PER FACILITY.— ‘‘(A) 1 GRANT PER FACILITY.—Not more than participation in every significant phase of munity on the remediation and disposition 1 technical assistance grant may be made response activities under this Act, the Ad- of hazardous substances or pollutants or con- with respect to a single facility, but the ministrator shall provide the opportunity taminants at the facility. grant may be renewed to facilitate public for, and publish notice of, public meetings ‘‘(B) CONSIDERATION.—The views and pref- participation at all stages of response action. before or during performance of— erences of the community shall be described ‘‘(B) DURATION.—The Administrator shall ‘‘(i) a facility evaluation, as appropriate; in the facility evaluation and considered in by regulation limit the number of years for ‘‘(ii) announcement of a proposed remedial the screening of remedial alternatives for which a technical assistance grant may be action plan; and the facility. made available based on the duration, type, ‘‘(iii) completion of a final remedial design. ‘‘(6) ALTERNATIVES.—Members of the com- and extent of response action at a facility. ‘‘(B) INFORMATION.—A public meeting munity may propose remedial action alter- ‘‘(5) AVAILABILITY FOR FACILITIES NOT YET under subparagraph (A) shall be designed to natives, and the Administrator shall con- LISTED.—Subject to paragraph (6), 1 or more obtain information from the community, and sider such alternatives in the same manner technical assistance grants shall be made disseminate information to the community, as the Administrator considers alternatives available to affected citizen groups in com- with respect to a facility concerning the fa- proposed by potentially responsible parties. munities containing facilities on the State cility activities and pending decisions of the ‘‘(7) INFORMATION.— Registry as of the date on which the grant is Administrator. ‘‘(A) THE COMMUNITY.—The Administrator, awarded. ‘‘(2) PARTICIPANTS AND SUBJECT.—The Ad- with the assistance of the community re- ‘‘(6) FUNDING LIMIT.— ministrator shall provide reasonable notice sponse organization under subsection (g) if ‘‘(A) PERCENTAGE OF TOTAL APPROPRIA- of an opportunity for public participation in there is one, shall provide information to the TIONS.—Not more than 2 percent of the funds meetings in which— community and seek comment from the made available to carry out this Act for a ‘‘(A) the participants include Federal offi- community throughout all significant phases fiscal year may be used to make technical cials (or State officials, if the State is con- of the response action at the facility. assistance grants. ducting response actions under a delegated ‘‘(B) TECHNICAL STAFF.—The Administrator ‘‘(B) ALLOCATION BETWEEN LISTED AND UN- or authorized program or through facility re- shall ensure that information gathered from LISTED FACILITIES.—Not more than the por- ferral) with authority to make significant the community during community outreach tion of funds equal to 1⁄8 of the total amount decisions affecting a response action, and efforts reaches appropriate technical staff in of funds used to make technical assistance other persons (unless all of such other per- a timely and effective manner. grants for a fiscal year may be used for tech- sons are coregulators that are not poten- ‘‘(C) RESPONSES.—The Administrator shall nical assistance grants with respect to facili- tially responsible parties or are government ensure that reasonable written or other ap- ties not listed on the National Priorities contractors); and propriate responses will be made to such in- List. ‘‘(B) the subject of the meeting involves formation. ‘‘(7) FUNDING AMOUNT.— discussions directly affecting— ‘‘(8) NONPRIVILEGED INFORMATION.— ‘‘(A) IN GENERAL.—Except as provided in ‘‘(i) a legally enforceable work plan docu- Throughout all phases of response action at subparagraph (B), the amount of a technical ment, or any significant amendment to the a facility, the Administrator shall make all assistance grant may not exceed $50,000 for a document, for a removal, facility evaluation, nonprivileged information relating to a facil- single grant recipient. proposed remedial action plan, final reme- ity available to the public for inspection and ‘‘(B) INCREASE.—The Administrator may dial design, or remedial action for a facility copying without the need to file a formal re- increase the amount of a technical assist- on the National Priorities List; or quest, subject to reasonable service charges ance grant, or renew a previous technical as- ‘‘(ii) the final record of information on as appropriate. sistance grant, up to a total grant amount which the Administrator will base a hazard ‘‘(9) PRESENTATION.— not exceeding $100,000, to reflect the com- ranking system score for a facility. ‘‘(A) DOCUMENTS.— plexity of the response action, the nature ‘‘(3) LIMITATION.—Nothing in this ‘‘(i) IN GENERAL.—The Administrator, in and extent of contamination at the facility, subsection— carrying out responsibilities under this Act, the level of facility activity, projected total ‘‘(A) provides for public participation in or shall ensure that the presentation of infor- needs as requested by the grant recipient, otherwise affects any negotiation, meeting, mation on risk is complete and informative. the size and diversity of the affected popu- or other discussion that concerns only the ‘‘(ii) RISK.—To the extent feasible, docu- lation, and the ability of the grant recipient potential liability or settlement of potential ments prepared by the Administrator and to identify and raise funds from other non- liability of any person, whether prior to or made available to the public that purport to Federal sources. following the commencement of litigation or describe the degree of risk to human health ‘‘(8) USE OF TECHNICAL ASSISTANCE administrative enforcement action; shall be consistent with the risk communica- GRANTS.— ‘‘(B) provides for public participation in or tion principles outlined in section 130(c). ‘‘(A) PERMITTED USE.—A technical assist- otherwise affects any negotiation, meeting, ‘‘(B) COMPARISONS.—The Administrator, in ance grant may be used to obtain technical or other discussion that is attended only by carrying out responsibilities under this Act, assistance in interpreting information with representatives of the United States (or of a shall provide comparisons of the level of risk regard to— department, agency, or instrumentality of from hazardous substances found at the fa- ‘‘(i) the nature of the hazardous substances the United States) with attorneys rep- cility to comparable levels of risk from those located at a facility; resenting the United States (or of a depart- hazardous substances ordinarily encountered

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.148 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3195 by the general public through other sources ‘‘SEC. 121. SELECTION AND IMPLEMENTATION OF response comment, and opportunity for judi- of exposure. REMEDIAL ACTIONS. cial review, but only if the State dem- ‘‘(10) REQUIREMENTS.— ‘‘(a) GENERAL RULES.— onstrates that the standard, requirement, ‘‘(A) LENGTHY REMOVAL ACTIONS.—Notwith- ‘‘(1) SELECTION OF COST-EFFECTIVE REME- criterion, or limitation is of general applica- standing any other provision of this sub- DIAL ACTION THAT PROTECTS HUMAN HEALTH bility and is consistently applied to remedial section, in the case of a removal action AND THE ENVIRONMENT.— actions under State law. taken in accordance with section 104 that is ‘‘(A) IN GENERAL.—The Administrator shall ‘‘(II) IDENTIFICATION OF FACILITIES.—Com- expected to require more than 180 days to select a cost-effective remedial action that pliance with a State standard, requirement, complete, and in any case in which imple- achieves the goals of protecting human criterion, or limitation described in sub- mentation of a removal action is expected to health and the environment as stated in sub- clause (I) shall be required at a facility only obviate or that in fact obviates the need to paragraph (B), and complies with other ap- if the standard, requirement, criterion, or conduct a long-term remedial action— plicable Federal and State laws in accord- limitation has been identified by the State ‘‘(i) the Administrator shall, to the max- ance with subparagraph (C) on the basis of a to the Administrator in a timely manner as imum extent practicable, allow for public facility-specific risk evaluation in accord- being applicable to the facility. participation consistent with paragraph (1); ance with section 130 and in accordance with ‘‘(III) PUBLISHED LISTS.—Each State shall and the criteria stated in subparagraph (D) and publish a comprehensive list of the stand- ‘‘(ii) the removal action shall achieve the the requirements of paragraph (2). ards, requirements, criteria, and limitations goals of protecting human health and the en- ‘‘(B) GOALS OF PROTECTING HUMAN HEALTH that the State may apply to remedial ac- vironment in accordance with section AND THE ENVIRONMENT.— tions under this Act, and shall revise the list 121(a)(1). ‘‘(i) PROTECTION OF HUMAN HEALTH.—A re- periodically, as requested by the Adminis- ‘‘(B) OTHER REMOVAL ACTIONS.—In the case medial action shall be considered to protect trator. of all other removal actions, the Adminis- human health if, considering the expected ‘‘(IV) CONTAMINATED MEDIA.—Compliance trator may provide the community with no- exposures associated with the actual or with this clause shall not be required with tice of the anticipated removal action and a planned or reasonably anticipated future use respect to return, replacement, or disposal of public comment period, as appropriate.’’. of the land and water resources and on the contaminated media or residuals of contami- (b) ISSUANCE OF GUIDELINES.—The Adminis- basis of a facility-specific risk evaluation in nated media into the same media in or very trator of the Environmental Protection accordance with section 131, the remedial ac- near then-existing areas of contamination Agency shall issue guidelines under section tion achieves a residual risk— onsite at a facility. 117(e)(9) of the Comprehensive Environ- ‘‘(I) from exposure to nonthreshold car- ‘‘(ii) PROCEDURAL REQUIREMENTS.—Proce- mental Response, Compensation, and Liabil- cinogenic hazardous substances, pollutants, dural requirements of Federal and State ity Act of 1980, as added by subsection (a), or contaminants such that cumulative life- standards, requirements, criteria, and limi- not later than 90 days after the date of en- time additional cancer from exposure to haz- tations (including permitting requirements) actment of this Act. ardous substances from releases at the facil- shall not apply to response actions con- ¥ ¥ Subtitle C—Selection of Remedial Actions ity range from 10 4 to 10 6 for the affected ducted onsite at a facility. population; and SEC. 1921. DEFINITIONS. ‘‘(iii) WAIVER PROVISIONS.— Section 101 of the Comprehensive Environ- ‘‘(II) from exposure to threshold carcino- ‘‘(I) DETERMINATION BY THE PRESIDENT.— mental Response, Compensation, and Liabil- genic and noncarcinogenic hazardous sub- The Administrator shall evaluate and deter- ity Act of 1980 (42 U.S.C. 9601) is amended by stances, pollutants, or contaminants at the mine if it is not appropriate for a remedial adding at the end the following: facility, that does not exceed a hazard index action to attain a Federal or State standard, ‘‘(42) ACTUAL OR PLANNED OR REASONABLY of 1. requirement, criterion, or limitation as re- ROTECTION OF THE ENVIRONMENT ANTICIPATED FUTURE USE OF THE LAND AND ‘‘(ii) P .—A quired by clause (i). WATER RESOURCES.—The term ‘actual or remedial action shall be considered to be ‘‘(II) SELECTION OF REMEDIAL ACTION THAT planned or reasonably anticipated future use protective of the environment if the reme- DOES NOT COMPLY.—The Administrator may of the land and water resources’ means— dial action— select a remedial action at a facility that ‘‘(A) the actual use of the land, surface ‘‘(I) protects ecosystems from significant meets the requirements of subparagraph (B) water, and ground water at a facility on the threats to their sustainability arising from but does not comply with or attain a Federal date of submittal of the proposed remedial exposure to releases of hazardous substances or State standard, requirement, criterion, or action plan; and at a site; and limitation described in clause (i) if the Ad- ‘‘(B)(i) with respect to land— ‘‘(II) does not cause a greater threat to the ministrator makes any of the following find- ‘‘(I) the use of land that is authorized by sustainability of ecosystems than a release ings: the zoning or land use decisions formally of a hazardous substance. ‘‘(aa) IMPROPER IDENTIFICATION.—The adopted, at or prior to the time of the initi- ‘‘(iii) PROTECTION OF GROUND WATER.—A re- standard, requirement, criterion, or limita- ation of the facility evaluation, by the local medial action shall prevent or eliminate any tion, which was improperly identified as an land use planning authority for a facility actual human ingestion of drinking water applicable requirement under clause and the land immediately adjacent to the fa- containing any hazardous substance from (i)(I)(aa), fails to comply with the rule- cility; and the release at levels— making requirements of clause (i)(I)(bb). ‘‘(II) any other reasonably anticipated use ‘‘(I) in excess of the maximum contami- ‘‘(bb) PART OF REMEDIAL ACTION.—The se- that the local land use authority, in con- nant level established under the Safe Drink- lected remedial action is only part of a total sultation with the community response orga- ing Water Act (42 U.S.C. 300f et seq.); or remedial action that will comply with or at- nization (if any), determines to have a sub- ‘‘(II) if no such maximum contaminant tain the applicable requirements of clause (i) stantial probability of occurring based on re- level has been established for the hazardous when the total remedial action is completed. cent (as of the time of the determination) de- substance, at levels that meet the goals for ‘‘(cc) GREATER RISK.—Compliance with or velopment patterns in the area in which the protection of human health under clause (i). attainment of the standard, requirement, facility is located and on population projec- ‘‘(C) COMPLIANCE WITH FEDERAL AND STATE criterion, or limitation at the facility will tions for the area; and LAWS.— result in greater risk to human health or the ‘‘(ii) with respect to water resources, the ‘‘(i) SUBSTANTIVE REQUIREMENTS.— environment than alternative options. future use of the surface water and ground ‘‘(I) IN GENERAL.—Subject to clause (iii), ‘‘(dd) TECHNICALLY IMPRACTICABILITY.— water that is potentially affected by releases subparagraphs (A) and (D), and paragraph (2), Compliance with or attainment of the stand- from a facility that is reasonably antici- a remedial action shall— ard, requirement, criterion, or limitation is pated, by the governmental unit that regu- ‘‘(aa) comply with the substantive require- technically impracticable. lates surface or ground water use or surface ments of all promulgated standards, require- ‘‘(ee) EQUIVALENT TO STANDARD OF PER- or ground water use planning in the vicinity ments, criteria, and limitations under each FORMANCE.—The selected remedial action of the facility, on the date of submission of Federal law and each State law relating to will attain a standard of performance that is the proposed remedial action plan. the environment or to the siting of facilities equivalent to that required under a standard, ‘‘(43) SUSTAINABILITY.—The term ‘sustain- (including a State law that imposes a more requirement, criterion, or limitation de- ability’’, for the purpose of section stringent standard, requirement, criterion, scribed in clause (i) through use of another 121(a)(1)(B)(ii), means the ability of an eco- or limitation than Federal law) that is appli- approach. system to continue to function within the cable to the conduct or operation of the re- ‘‘(ff) INCONSISTENT APPLICATION.—With re- normal range of its variability absent the ef- medial action or to determination of the spect to a State standard, requirement, cri- fects of a release of a hazardous substance.’’. level of cleanup for remedial actions; and terion, limitation, or level, the State has not SEC. 1922. SELECTION AND IMPLEMENTATION OF ‘‘(bb) comply with or attain any other pro- consistently applied (or demonstrated the in- REMEDIAL ACTIONS. mulgated standard, requirement, criterion, tention to apply consistently) the standard, Section 121 of the Comprehensive Environ- or limitation under any State law relating to requirement, criterion, or limitation or level mental Response, Compensation, and Liabil- the environment or siting of facilities, as de- in similar circumstances to other remedial ity Act of 1980 (42 U.S.C. 9621) is amended— termined by the State, after the date of en- actions in the State. (1) by striking the section heading and sub- actment of the Energy Policy Act of 2002, ‘‘(gg) BALANCE.—In the case of a remedial sections (a) and (b) and inserting the fol- through a rulemaking procedure that in- action to be undertaken under section 104 or lowing: cludes public notice, comment, and written 135 using amounts from the Fund, a selection

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00085 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.148 pfrm04 PsN: S23PT1 S3196 CONGRESSIONAL RECORD — SENATE April 23, 2002 of a remedial action that complies with or the site and to determine the appropriate the operation and maintenance of the rem- attains a standard, requirement, criterion, scope of the remedial action. edy. or limitation described in clause (i) will not ‘‘(B) CONSIDERATIONS FOR GROUND WATER ‘‘(E) GROUND WATER NOT SUITABLE FOR USE provide a balance between the need for pro- REMEDIAL ACTION.—A decision regarding a re- AS DRINKING WATER.—Notwithstanding any tection of public health and welfare and the medial action for ground water shall take other evaluation or determination of the po- environment at the facility, and the need to into consideration— tential suitability of ground water for drink- make amounts from the Fund available to ‘‘(i) the actual or planned or reasonably ing water use, ground water that is not suit- respond to other facilities that may present anticipated future use of ground water and able for use as drinking water by humans or a threat to public health or welfare or the the timing of that use; and livestock because of naturally occurring con- environment, taking into consideration the ‘‘(ii) any attenuation or biodegradation ditions, or is so contaminated by the effects relative immediacy of the threats presented that would occur if no remedial action were of broad-scale human activity unrelated to a by the various facilities. taken. specific facility or release that restoration of ‘‘(III) PUBLICATION.—The Administrator ‘‘(C) UNCONTAMINATED GROUND WATER.—A drinking water quality is technically im- shall publish any findings made under sub- remedial action shall protect practicable or is physically incapable of clause (II), including an explanation and ap- uncontaminated ground water that is suit- yielding a quantity of 150 gallons per day of propriate documentation. able for use as drinking water by humans or water to a well or spring, shall be considered ‘‘(D) REMEDY SELECTION CRITERIA.—In se- livestock if the water is uncontaminated and to be not suitable for use as drinking water. lecting a remedial action from among alter- suitable for such use at the time of submis- ‘‘(F) OTHER GROUND WATER.—Remedial ac- natives that achieve the goals stated in sub- sion of the proposed remedial action plan. A tion for contaminated ground water (other paragraph (B) pursuant to a facility-specific remedial action to protect uncontaminated than ground water having an actual or risk evaluation in accordance with section ground water may utilize natural attenu- planned or reasonably anticipated future use 130, the Administrator shall balance the fol- ation (which may include dilution or disper- as a drinking water source for humans or lowing factors, ensuring that no single factor sion, but in conjunction with biodegradation livestock) shall attain levels appropriate for predominates over the others: or other levels of attenuation necessary to the then-current or reasonably anticipated ‘‘(i) The effectiveness of the remedy in pro- facilitate the remediation of contaminated future use of the ground water, or levels ap- tecting human health and the environment. propriate considering the then-current use of ‘‘(ii) The reliability of the remedial action ground water) so long as the remedial action does not interfere with the actual or planned any ground water or surface water to which in achieving the protectiveness standards the contaminated ground water discharges. over the long term. or reasonably anticipated future use of the uncontaminated ground water. ‘‘(5) OTHER CONSIDERATIONS APPLICABLE TO ‘‘(iii) Any short-term risk to the affected REMEDIAL ACTIONS.—A remedial action that community, those engaged in the remedial ‘‘(D) CONTAMINATED GROUND WATER.— ‘‘(i) IN GENERAL.—In the case of contami- uses institutional and engineering controls action effort, and to the environment posed shall be considered to be on an equal basis by the implementation of the remedial ac- nated ground water for which the actual or planned or reasonably anticipated future use with all other remedial action alter- tion. natives.’’; ‘‘(iv) The acceptability of the remedial ac- of the resource is as drinking water for hu- mans or livestock, if the Administrator de- (2) by redesignating subsection (c) as sub- tion to the affected community. section (b); ‘‘(v) The implementability and technical termines that restoration of some portion of (3) by striking subsection (d); and feasibility of the remedial action from an en- the contaminated ground water to a condi- (4) by redesignating subsections (e) and (f) gineering perspective. tion suitable for the use is technically prac- as subsections (c) and (d), respectively. ‘‘(vi) The reasonableness of the cost. ticable, the Administrator shall seek to re- ‘‘(2) TECHNICAL IMPRACTICABILITY.— store the ground water to a condition suit- SEC. 1923. REMEDY SELECTION METHODOLOGY. ‘‘(A) MINIMIZATION OF RISK.—If the Admin- able for the use. Title I of the Comprehensive Environ- istrator, after reviewing the remedy selec- ‘‘(ii) DETERMINATION OF RESTORATION PRAC- mental Response, Compensation, and Liabil- tion criteria stated in paragraph (1)(D), finds TICABILITY.—In making a determination re- ity Act of 1980 (42 U.S.C. 9601 et seq.) (as that achieving the goals stated in paragraph garding the technical practicability of (1)(B) is technically impracticable, the Ad- ground water restoration— amended by section 1901(a)) is amended by ministrator shall evaluate remedial meas- ‘‘(I) there shall be no presumption of the adding at the end the following: ures that mitigate the risks to human health technical practicability; and ‘‘SEC. 130. FACILITY-SPECIFIC RISK EVALUA- and the environment and select a technically ‘‘(II) the determination of technical prac- TIONS. practicable remedial action that will most ticability shall, to the extent practicable, be ‘‘(a) USES.— closely achieve the goals stated in paragraph made on the basis of projections, modeling, ‘‘(1) IN GENERAL.—A facility-specific risk (1) through cost-effective means. or other analysis on a site-specific basis evaluation shall be used to— ‘‘(B) BASIS FOR FINDING.—A finding of tech- without a requirement for the construction ‘‘(A) identify the significant components of nical impracticability may be made on the or installation and operation of a remedial potential risk posed by a facility; basis of a determination, supported by appro- action. ‘‘(B) screen out potential contaminants, priate documentation, that, at the time at ‘‘(iii) DETERMINATION OF NEED FOR AND areas, or exposure pathways from further which the finding is made— METHODS OF RESTORATION.—In making a de- ‘‘(i) there is no known reliable means of termination and selecting a remedial action study at a facility; achieving at a reasonable cost the goals stat- regarding restoration of contaminated ‘‘(C) compare the relative protectiveness of ed in paragraph (1)(B); and ground water the Administrator shall take alternative potential remedies proposed for a ‘‘(ii) it has not been shown that such a into account— facility; and means is likely to be developed within a rea- ‘‘(I) the ability to substantially accelerate ‘‘(D) demonstrate that the remedial action sonable period of time. the availability of ground water for use as selected for a facility is capable of pro- tecting human health and the environment ‘‘(3) PRESUMPTIVE REMEDIAL ACTIONS.—A drinking water beyond the rate achievable remedial action that implements a presump- by natural attenuation; and considering the actual or planned or reason- tive remedial action issued under section 131 ‘‘(II) the nature and timing of the actual or ably anticipated future use of the land and shall be considered to achieve the goals stat- planned or reasonably anticipated use of water resources. ed in paragraph (1)(B) and balance ade- such ground water. ‘‘(2) COMPLIANCE WITH PRINCIPLES.—A facil- ity-specific risk evaluation shall comply quately the factors stated in paragraph ‘‘(iv) RESTORATION TECHNICALLY IMPRACTI- with the principles stated in this section to (1)(D). CABLE.— ensure that— ‘‘(4) GROUND WATER.— ‘‘(I) IN GENERAL.—A remedial action for ‘‘(A) actual or planned or reasonably an- ‘‘(A) IN GENERAL.—The Administrator or contaminated ground water having an actual the preparer of the remedial action plan or planned or reasonably anticipated future ticipated future use of the land and water re- shall select a cost effective remedial action use as a drinking water source for humans or sources is given appropriate consideration; for ground water that achieves the goals of livestock for which attainment of the levels and protecting human health and the environ- described in paragraph (1)(B)(iii) is tech- ‘‘(B) all of the components of the evalua- ment as stated in paragraph (1)(B) and with nically impracticable shall be selected in ac- tion are, to the maximum extent practicable, the requirements of this paragraph, and com- cordance with paragraph (2). scientifically objective and inclusive of all relevant data. plies with other applicable Federal and State ‘‘(II) NO INGESTION.—Selected remedies laws in accordance with subparagraph (C) on may rely on point-of-use treatment or other ‘‘(b) RISK EVALUATION PRINCIPLES.—A facil- the basis of a facility-specific risk evalua- measures to ensure that there will be no in- ity-specific risk evaluation shall— tion in accordance with section 130 and in ac- gestion of drinking water at levels exceeding ‘‘(1) be based on actual information or sci- cordance with the criteria stated in subpara- the requirement of subclause (I) or (II) of entific estimates of exposure considering the graph (D) and the requirements of paragraph paragraph (1)(B)(iii). actual or planned or reasonably anticipated (2). If appropriate, a remedial action for ‘‘(III) INCLUSION AS PART OF OPERATION AND future use of the land and water resources to ground water shall be phased, allowing col- MAINTENANCE.—The operation and mainte- the extent that substituting such estimates lection of sufficient data to evaluate the ef- nance of any treatment device installed at for those made using standard assumptions fect of any other remedial action taken at the point of use shall be included as part of alters the basis for decisions to be made;

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00086 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.148 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3197 ‘‘(2) be comprised of components each of sources, various environmental media, and respect to a facility evaluation, proposed re- which is, to the maximum extent prac- various types of hazardous substances, pol- medial action plan, remedial action plan, or ticable, scientifically objective, and inclu- lutants, or contaminants. remedial design, respectively, until a work sive of all relevant data; ‘‘(d) ENGINEERING CONTROLS.—Presumptive plan, facility evaluation, proposed remedial ‘‘(3) use chemical and facility-specific data remedial actions are not limited to treat- action plan, and remedial action plan, re- and analysis (such as bioavailability, expo- ment remedies, but may be based on, or in- spectively, have been approved by the Ad- sure, and fate and transport evaluations) in clude, institutional and standard engineering ministrator. preference to default assumptions when— controls.’’. ‘‘(F) NATIONAL CONTINGENCY PLAN.—The ‘‘(A) such data and analysis are likely to SEC. 1924. REMEDY SELECTION PROCEDURES. Administrator shall conform the National vary by facility; and Title I of the Comprehensive Environ- Contingency Plan regulations to reflect the ‘‘(B) facility-specific risks are to be com- mental Response, Compensation, and Liabil- procedures stated in this section. municated to the public or the use of such ity Act of 1980 (42 U.S.C. 9601 et seq.) (as ‘‘(2) USE OF PRESUMPTIVE REMEDIAL AC- data and analysis alters the basis for deci- amended by section 1923) is amended by add- TIONS.— sions to be made; and ing at the end the following: ‘‘(A) PROPOSAL TO USE.—In a case in which ‘‘(4) use a range and distribution of real- ‘‘SEC. 132. REMEDIAL ACTION PLANNING AND IM- a presumptive remedial action applies, the istic and scientifically supportable assump- PLEMENTATION. Administrator (if the Administrator is con- tions when chemical and facility-specific ‘‘(a) IN GENERAL.— ducting the remedial action) or the preparer data are not available, if the use of such as- ‘‘(1) BASIC RULES.— of the remedial action plan may, after con- sumptions would communicate more accu- ‘‘(A) PROCEDURES.—A remedial action with ducting a facility evaluation, propose a pre- rately the consequences of the various deci- respect to a facility that is listed or proposed sumptive remedial action for the facility, if for listing on the National Priorities List sion options. the Administrator or preparer shows with shall be developed and selected in accordance ‘‘(c) RISK COMMUNICATION PRINCIPLES.—The appropriate documentation that the facility with the procedures set forth in this section. document reporting the results of a facility- fits the generic classification for which a ‘‘(B) NO OTHER PROCEDURES OR REQUIRE- specific risk evaluation shall— presumptive remedial action has been issued MENTS.—The procedures stated in this sec- ‘‘(1) contain an explanation that clearly and performs an engineering evaluation to tion are in lieu of any procedures or require- communicates the risks at the facility; demonstrate that the presumptive remedial ments under any other law to conduct reme- ‘‘(2) identify and explain all assumptions action can be applied at the facility. dial investigations, feasibility studies, used in the evaluation, any alternative as- ‘‘(B) LIMITATION.—The Administrator may record of decisions, remedial designs, or re- sumptions that, if made, could materially af- not require a potentially responsible party medial actions. fect the outcome of the evaluation, the pol- to implement a presumptive remedial action. ‘‘(C) LIMITED REVIEW.—In a case in which ‘‘(b) REMEDIAL ACTION PLANNING PROC- icy or value judgments used in choosing the the potentially responsible parties prepare a ESS.— assumptions, and whether empirical data remedial action plan, only the work plan, fa- ‘‘(1) IN GENERAL.—The Administrator or a conflict with or validate the assumptions; cility evaluation, proposed remedial action potentially responsible party shall prepare ‘‘(3) present— plan, and final remedial design shall be sub- and implement a remedial action plan for a ‘‘(A) a range and distribution of exposure ject to review, comment, and approval by the facility. and risk estimates, including, if numerical Administrator. ‘‘(2) CONTENTS.—A remedial action plan estimates are provided, central estimates of ‘‘(D) DESIGNATION OF POTENTIALLY RESPON- shall consist of— exposure and risk using— SIBLE PARTIES TO PREPARE WORK PLAN, FACIL- ‘‘(A) the results of a facility evaluation, in- ‘‘(i) the most scientifically supportable as- ITY EVALUATION, PROPOSED REMEDIAL ACTION, cluding any screening analysis performed at sumptions or a weighted combination of AND REMEDIAL DESIGN AND TO IMPLEMENT THE the facility; multiple assumptions based on different sce- REMEDIAL ACTION PLAN.—In the case of a fa- ‘‘(B) a discussion of the potentially viable narios; or cility for which the Administrator is not re- remedies that are considered to be reason- ‘‘(ii) any other methodology designed to quired to prepare a work plan, facility eval- able under section 121(a), the respective cap- characterize the most scientifically support- uation, proposed remedial action, and reme- ital costs, operation and maintenance costs, able estimate of risk given the information dial design and implement the remedial ac- and estimated present worth costs of the that is available at the time of the facility- tion plan— remedies, and how the remedies balance the specific risk evaluation; and ‘‘(i) if a potentially responsible party or factors stated in section 121(a)(1)(D); ‘‘(B) a statement of the nature and mag- group of potentially responsible parties— ‘‘(C) a description of the remedial action to nitude of the scientific and other uncertain- ‘‘(I) expresses an intention to prepare a be taken; ties associated with those estimates; work plan, facility evaluation, proposed re- ‘‘(D) a description of the facility-specific ‘‘(4) state the size of the population poten- medial action plan, and remedial design and risk-based evaluation under section 130 and a tially at risk from releases from the facility to implement the remedial action plan (not demonstration that the selected remedial ac- and the likelihood that potential exposures including any such expression of intention tion will satisfy sections 121(a) and 131; and will occur based on the actual or planned or that the Administrator finds is not made in ‘‘(E) a realistic schedule for conducting the reasonably anticipated future use of the land good faith); and remedial action, taking into consideration and water resources; and ‘‘(II) demonstrates that the potentially re- facility-specific factors. ‘‘(5) compare the risks from the facility to sponsible party or group of potentially re- ‘‘(3) WORK PLAN.— other risks commonly experienced by mem- sponsible parties has the financial resources ‘‘(A) IN GENERAL.—Prior to preparation of a bers of the local community in their daily and the expertise to perform those functions; remedial action plan, the preparer shall de- lives and similar risks regulated by the Fed- the Administrator shall designate the poten- velop a work plan, including a community eral Government. tially responsible party or group of poten- information and participation plan, which ‘‘(d) REGULATIONS.—Not later than 18 tially responsible parties to perform those generally describes how the remedial action months after the date of enactment of this functions; and plan will be developed. section, the Administrator shall issue a final ‘‘(ii) if more than 1 potentially responsible ‘‘(B) SUBMISSION.—A work plan shall be regulation implementing this section that party or group of potentially responsible submitted to the Administrator, the State, promotes a realistic characterization of risk parties— the community response organization, the that neither minimizes nor exaggerates the ‘‘(I) expresses an intention to prepare a local library, and any other public facility risks and potential risks posed by a facility work plan, facility evaluation, proposed re- designated by the Administrator. or a proposed remedial action. medial action plan, and remedial design and ‘‘(C) PUBLICATION.—The Administrator or ‘‘SEC. 131. PRESUMPTIVE REMEDIAL ACTIONS. to implement the remedial action plan (not other person that prepares a work plan shall ‘‘(a) IN GENERAL.—Not later than 1 year including any such expression of intention publish in a newspaper of general circulation after the date of enactment of this section, that the Administrator finds is not made in in the area where the facility is located, and the Administrator shall issue a final regula- good faith); and post in conspicuous places in the local com- tion establishing presumptive remedial ac- ‘‘(II) demonstrates that the potentially re- munity, a notice announcing that the work tions for commonly encountered types of fa- sponsible parties or group of potentially re- plan is available for review at the local li- cilities with reasonably well understood con- sponsible parties has the financial resources brary and that comments concerning the tamination problems and exposure potential. and the expertise to perform those functions, work plan can be submitted to the preparer ‘‘(b) PRACTICABILITY AND COST-EFFECTIVE- the Administrator, based on an assessment of the work plan, the Administrator, the NESS.—Such presumptive remedies must of the various parties’ comparative financial State, or the local community response orga- have been demonstrated to be technically resources, technical expertise, and histories nization. practicable and cost-effective methods of of cooperation with respect to facilities that ‘‘(D) FORWARDING OF COMMENTS.—If com- achieving the goals of protecting human are listed on the National Priorities List, ments are submitted to the Administrator, health and the environment stated in section shall designate 1 potentially responsible the State, or the community response orga- 121(a)(1)(B). party or group of potentially responsible par- nization, the Administrator, State, or com- ‘‘(c) VARIATIONS.—The Administrator may ties to perform those functions. munity response organization shall forward issue various presumptive remedial actions ‘‘(E) APPROVAL REQUIRED AT EACH STEP OF the comments to the preparer of the work based on various uses of land and water re- PROCEDURE.—No action shall be taken with plan.

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‘‘(E) NOTICE OF DISAPPROVAL.—If the Ad- spicuous places in the local community a no- ‘‘(ii) publish in a newspaper of general cir- ministrator does not approve a work plan, tice announcing that the proposed remedial culation in the area where the facility is lo- the Administrator shall— action plan is available for review at the cated, and post in conspicuous places in the ‘‘(i) identify to the preparer of the work local library and that comments concerning local community, a notice of approval. plan, with specificity, any deficiencies in the the remedial action plan can be submitted to ‘‘(H) NOTICE OF DISAPPROVAL.—If the Ad- submission; and the Administrator, the State, and the com- ministrator does not approve a proposed re- ‘‘(ii) require that the preparer submit a re- munity response organization. medial action plan, the Administrator vised work plan within a reasonable period of ‘‘(C) AVAILABILITY OF COMMENTS.—If com- shall— time, which shall not exceed 90 days except ments are submitted to a State or the com- ‘‘(i) inform the preparer of the proposed re- in unusual circumstances, as determined by munity response organization, the State or medial action plan, with specificity, of any the Administrator. community response organization shall deficiencies in the submission; and ‘‘(4) FACILITY EVALUATION.— make the comments available to the pre- ‘‘(ii) request that the preparer submit a re- ‘‘(A) IN GENERAL.—The Administrator (or parer of the proposed remedial action plan. vised proposed remedial action plan within a the preparer of the facility evaluation) shall ‘‘(D) HEARING.—The Administrator shall reasonable time, which shall not exceed 90 conduct a facility evaluation at each facility hold a public hearing at which the proposed days except in unusual circumstances, as de- to characterize the risk posed by the facility remedial action plan shall be presented and termined by the Administrator. by gathering enough information necessary public comment received. ‘‘(I) JUDICIAL REVIEW.—A recommendation to— under subparagraph (E)(iv) and the review by ‘‘(E) REMEDY REVIEW BOARDS.— ‘‘(i) assess potential remedial alternatives, the Administrator of such a recommendation ‘‘(i) ESTABLISHMENT.—Not later than 60 including ascertaining, to the degree appro- shall be subject to the limitations on judi- days after the date of enactment of this sec- priate, the volume and nature of the con- cial review under section 113(h). tion, the Administrator shall establish and taminants, their location, potential exposure ‘‘(6) IMPLEMENTATION OF REMEDIAL ACTION appoint the members of 1 or more remedy re- pathways and receptors; PLAN.—A remedial action plan that has been view boards (referred to in this subparagraph ‘‘(ii) discern the actual or planned or rea- approved or is considered to be approved as a ‘‘remedy review board’’), each consisting sonably anticipated future use of the land under paragraph (5) shall be implemented in of independent technical experts within Fed- and water resources; and accordance with the schedule set forth in the ‘‘(iii) screen out any uncontaminated eral and State agencies with responsibility remedial action plan. for remediating contaminated facilities. areas, contaminants, and potential pathways ‘‘(7) REMEDIAL DESIGN.— ‘‘(ii) SUBMISSION OF REMEDIAL ACTION PLANS from further consideration. ‘‘(A) SUBMISSION.—A remedial design shall FOR REVIEW.—Subject to clause (iii), a pro- ‘‘(B) SUBMISSION.—A draft facility evalua- be submitted to the Administrator, or in a tion shall be submitted to the Administrator posed remedial action plan prepared by a po- case in which the Administrator is preparing for approval. tentially responsible party or the Adminis- the remedial action plan, shall be completed ‘‘(C) PUBLICATION.—Not later than 30 days trator may be submitted to a remedy review by the Administrator. after submission, or in a case in which the board at the request of the person respon- ‘‘(B) PUBLICATION.—After receipt by the Administrator is preparing the remedial ac- sible for preparing or implementing the re- Administrator of (or completion by the Ad- tion plan, after the completion of the draft medial action plan. ministrator of) the remedial design, the Ad- facility evaluation, the Administrator shall ‘‘(iii) NO REVIEW.—The Administrator may ministrator shall— publish in a newspaper of general circulation preclude submission of a proposed remedial ‘‘(i) notify the community response organi- in the area where the facility is located, and action plan to a remedy review board if the zation; and post in conspicuous places in the local com- Administrator determines that review by a ‘‘(ii) cause a notice of submission or com- munity, a notice announcing that the draft remedy review board would result in an un- pletion of the remedial design to be pub- facility evaluation is available for review reasonably long delay that would threaten lished in a newspaper of general circulation and that comments concerning the evalua- human health or the environment. and posted in conspicuous places in the area tion can be submitted to the Administrator, ‘‘(iv) RECOMMENDATIONS.—Not later than where the facility is located. the State, and the community response orga- 180 days after receipt of a request for review ‘‘(C) COMMENT.—The Administrator shall nization. (unless the Administrator, for good cause, provide an opportunity to the public to sub- ‘‘(D) AVAILABILITY OF COMMENTS.—If com- grants additional time), a remedy review mit written comments on the remedial de- ments are submitted to the Administrator, board shall provide recommendations to the sign. the State, or the community response orga- Administrator regarding whether the pro- ‘‘(D) APPROVAL.—Not later than 90 days nization, the Administrator, State, or com- posed remedial action plan is— after the submission to the Administrator of munity response organization shall make the ‘‘(I) consistent with the requirements and (or completion by the Administrator of) the comments available to the preparer of the standards of section 121(a); remedial design, the Administrator shall ap- facility evaluation. ‘‘(II) technically feasible or infeasible from prove or disapprove the remedial design. ‘‘(E) NOTICE OF APPROVAL.—If the Adminis- an engineering perspective; and ‘‘(E) NOTICE OF APPROVAL.—If the Adminis- trator approves a facility evaluation, the Ad- ‘‘(III) reasonable or unreasonable in cost. trator approves a remedial design, the Ad- ministrator shall— ‘‘(v) REVIEW BY THE ADMINISTRATOR.— ministrator shall— ‘‘(i) notify the community response organi- ‘‘(I) CONSIDERATION OF COMMENTS.—In re- ‘‘(i) notify the community response organi- zation; and viewing a proposed remedial action plan, a zation; and ‘‘(ii) publish in a newspaper of general cir- remedy review board shall consider any com- ‘‘(ii) publish in a newspaper of general cir- culation in the area where the facility is lo- ments submitted under subparagraphs (B) culation in the area where the facility is lo- cated, and post in conspicuous places in the and (D) and shall provide an opportunity for cated, and post in conspicuous places in the local community, a notice of approval. a meeting, if requested, with the person re- local community, a notice of approval. ‘‘(F) NOTICE OF DISAPPROVAL.—If the Ad- sponsible for preparing or implementing the ‘‘(F) NOTICE OF DISAPPROVAL.—If the Ad- ministrator does not approve a facility eval- remedial action plan. ministrator disapproves the remedial design, uation, the Administrator shall— ‘‘(II) STANDARD OF REVIEW.—In determining the Administrator shall— ‘‘(i) identify to the preparer of the facility whether to approve or disapprove a proposed ‘‘(i) identify with specificity any defi- evaluation, with specificity, any deficiencies remedial action plan, the Administrator ciencies in the submission; and in the submission; and shall give substantial weight to the rec- ‘‘(ii) allow the preparer submitting a reme- ‘‘(ii) require that the preparer submit a re- ommendations of the remedy review board. dial design a reasonable time (which shall vised facility evaluation within a reasonable ‘‘(F) APPROVAL.— not exceed 90 days except in unusual cir- period of time, which shall not exceed 90 ‘‘(i) IN GENERAL.—The Administrator shall cumstances, as determined by the Adminis- days except in unusual circumstances, as de- approve a proposed remedial action plan if trator) in which to submit a revised remedial termined by the Administrator. the plan— design. ‘‘(5) PROPOSED REMEDIAL ACTION PLAN.— ‘‘(I) contains the information described in ‘‘(c) ENFORCEMENT OF REMEDIAL ACTION ‘‘(A) SUBMISSION.—In a case in which a po- section 130(b); and PLAN.— tentially responsible party prepares a reme- ‘‘(II) satisfies section 121(a). ‘‘(1) NOTICE OF SIGNIFICANT DEVIATION.—If dial action plan, the preparer shall submit ‘‘(ii) DEFAULT.—If the Administrator fails the Administrator determines that the im- the remedial action plan to the Adminis- to issue a notice of disapproval of a proposed plementation of the remedial action plan has trator for approval and provide a copy to the remedial action plan in accordance with sub- deviated significantly from the plan, the Ad- local library. paragraph (G) within 180 days after the pro- ministrator shall provide the implementing ‘‘(B) PUBLICATION.—After receipt of the posed plan is submitted, the plan shall be party a notice that requires the imple- proposed remedial action plan, or in a case in considered to be approved and its implemen- menting party, within a reasonable period of which the Administrator is preparing the re- tation fully authorized. time specified by the Administrator, to— medial action plan, after the completion of ‘‘(G) NOTICE OF APPROVAL.—If the Adminis- ‘‘(A) comply with the terms of the reme- the remedial action plan, the Administrator trator approves a proposed remedial action dial action plan; or shall cause to be published in a newspaper of plan, the Administrator shall— ‘‘(B) submit a notice for modifying the general circulation in the area where the fa- ‘‘(i) notify the community response organi- plan. cility is located and posted in other con- zation; and ‘‘(2) FAILURE TO COMPLY.—

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‘‘(A) CLASS ONE ADMINISTRATIVE PENALTY.— ‘‘(A) construction of all systems, struc- trator shall make a determination that In issuing a notice under paragraph (1), the tures, devices, and other components nec- uncontaminated portions of the facility are Administrator may impose a class one ad- essary to implement a response action for available for unrestricted use when such use ministrative penalty consistent with section the entire facility has been completed in ac- would not interfere with ongoing operations 109(a). cordance with the remedial design plan; or and maintenance activities or endanger ‘‘(B) ADDITIONAL ENFORCEMENT MEASURES.— ‘‘(B) no construction, or no further con- human health or the environment. If the implementing party fails to either struction, is expected to be undertaken. ‘‘(d) OPERATION AND MAINTENANCE.—The comply with the plan or submit a proposed ‘‘(3) COMMENTS.—The public shall be pro- need to perform continued operation and modification, the Administrator may pursue vided 30 days in which to submit comments maintenance at a facility shall not delay all additional appropriate enforcement meas- on the notice of completion and proposed delisting of the facility or issuance of the ures pursuant to this Act. delisting. certification if performance of operation and ‘‘(d) MODIFICATIONS TO REMEDIAL ACTION.— ‘‘(4) FINAL NOTICE.—Not later than 60 days maintenance is subject to a legally enforce- ‘‘(1) DEFINITION.—In this subsection, the after the end of the comment period, the Ad- able agreement, order, or decree. term ‘major modification’ means a modifica- ministrator shall— ‘‘(e) CHANGE OF USE OF FACILITY.— tion that— ‘‘(A) issue a final notice of completion and ‘‘(1) PETITION.—Any person may petition ‘‘(A) fundamentally alters the interpreta- delisting or a notice of withdrawal of the the Administrator to change the use of a fa- tion of site conditions at the facility; proposed notice until the implementation of cility described in paragraph (2) or (3) of sub- ‘‘(B) fundamentally alters the interpreta- the remedial action is determined to be com- section (c) from that which was the basis of tion of sources of risk at the facility; plete; and the remedial action plan. ‘‘(C) fundamentally alters the scope of pro- ‘‘(B) publish the notice in the Federal Reg- ‘‘(2) GRANT.—The Administrator may grant tection to be achieved by the selected reme- ister and in a newspaper of general circula- a petition under paragraph (1) if the peti- dial action; tion in the area where the facility is located. tioner agrees to implement any additional ‘‘(D) fundamentally alters the performance ‘‘(5) FAILURE TO ACT.—If the Administrator remedial actions that the Administrator de- of the selected remedial action; or fails to publish a notice of withdrawal within termines are necessary to continue to satisfy ‘‘(E) delays the completion of the remedy the 60-day period described in paragraph (4)— section 121(a), considering the different use by more than 180 days. ‘‘(A) the remedial action plan shall be of the facility. ‘‘(2) MAJOR MODIFICATIONS.— deemed to have been completed; and ‘‘(3) RESPONSIBILITY FOR RISK.—When a pe- ‘‘(A) IN GENERAL.—If the Administrator or ‘‘(B) the facility shall be delisted by oper- tition has been granted under paragraph (2), other implementing party proposes a major ation of law. the person requesting the change in use of modification to the plan, the Administrator ‘‘(6) EFFECT OF DELISTING.—The delisting of the facility shall be responsible for all risk or other implementing party shall dem- a facility shall have no effect on— associated with altering the facility and all onstrate that— ‘‘(A) liability allocation requirements or costs of implementing any necessary addi- ‘‘(i) the major modification constitutes the cost-recovery provisions otherwise provided tional remedial actions.’’. most cost-effective remedial alternative that in this Act; SEC. 1926. TRANSITION RULES FOR FACILITIES is technologically feasible and is not unrea- ‘‘(B) any liability of a potentially respon- CURRENTLY INVOLVED IN REMEDY sonably costly; and sible party or the obligation of any person to SELECTION. Title I of the Comprehensive Environ- ‘‘(ii) that the revised remedy will continue provide continued operation and mainte- mental Response, Compensation, and Liabil- to satisfy section 121(a). nance; ‘‘(C) the authority of the Administrator to ity Act of 1980 (42 U.S.C. 9601 et seq.) (as ‘‘(B) NOTICE AND COMMENT.—The Adminis- amended by section 1925) is amended by add- trator shall provide the implementing party, make expenditures from the Fund relating to ing at the end the following: the community response organization, and the facility; or the local community notice of the proposed ‘‘(D) the enforceability of any consent ‘‘SEC. 134. TRANSITION RULES FOR FACILITIES INVOLVED IN REMEDY SELECTION major modification and at least 30 days’ op- order or decree relating to the facility. ‘‘(7) FAILURE TO MAKE TIMELY DIS- ON DATE OF ENACTMENT. portunity to comment on any such proposed ‘‘(a) NO RECORD OF DECISION.— modification. APPROVAL.—The issuance of a final notice of completion and delisting or of a notice of ‘‘(1) OPTION.—In the case of a facility or op- ‘‘(C) PROMPT ACTION.—At the end of the erable unit that, as of the date of enactment comment period, the Administrator shall withdrawal within the time required by sub- section (a)(3) constitutes a nondiscretionary of this section, is the subject of a remedial promptly approve or disapprove the proposed investigation and feasibility study (whether modification and order implementation of duty within the meaning of section 310(a)(2). ‘‘(b) CERTIFICATION.—A final notice of com- completed or incomplete), the potentially re- the modification in accordance with any rea- pletion and delisting shall include a certifi- sponsible parties or the Administrator may sonable and relevant requirements that the cation by the Administrator that the facility elect to follow the remedial action plan proc- Administrator may specify. has met all of the requirements of the reme- ess stated in section 132 rather than the re- ‘‘(3) MINOR MODIFICATIONS.—Nothing in this dial action plan (except requirements for medial investigation and feasibility study section modifies the discretionary authority continued operation and maintenance). and record of decision process under regula- of the Administrator to make a minor modi- ‘‘(c) FUTURE USE OF A FACILITY.— tions in effect on the date of enactment of fication of a record of decision or remedial ‘‘(1) FACILITY AVAILABLE FOR UNRESTRICTED this section that would otherwise apply if action plan to conform to the best science USE.—If, after completion of physical con- the requesting party notifies the Adminis- and engineering, the requirements of this struction, a facility is available for unre- trator and other potentially responsible par- Act, or changing conditions at a facility.’’. stricted use and there is no need for contin- ties of the election not later than 90 days SEC. 1925. COMPLETION OF PHYSICAL CON- ued operation and maintenance, the poten- after the date of enactment of this section. STRUCTION AND DELISTING. tially responsible parties shall have no fur- ‘‘(2) SUBMISSION OF FACILITY EVALUATION.— Title I of the Comprehensive Environ- ther liability under any Federal, State, or In a case in which the potentially respon- mental Response, Compensation, and Liabil- local law (including any regulation) for re- sible parties have or the Administrator has ity Act of 1980 (42 U.S.C. 9601 et seq.) (as mediation at the facility, unless the Admin- made an election under subsection (a), the amended by section 1924) is amended by add- istrator determines, based on new and reli- potentially responsible parties shall submit ing at the end the following: able factual information about the facility, the proposed facility evaluation within 180 ‘‘SEC. 133. COMPLETION OF PHYSICAL CON- that the facility does not satisfy section days after the date on which notice of the STRUCTION AND DELISTING. 121(a). election is given. ‘‘(a) IN GENERAL.— ‘‘(2) FACILITY NOT AVAILABLE FOR ANY ‘‘(b) REMEDY REVIEW BOARDS.— ‘‘(1) PROPOSED NOTICE OF COMPLETION AND USE.—If, after completion of physical con- ‘‘(1) AUTHORITY.—A remedy review board PROPOSED DELISTING.—Not later than 180 struction, a facility is not available for any established under section 132(b)(5)(E) (re- days after the completion by the Adminis- use or there are continued operation and ferred to in this subsection as a ‘remedy re- trator of physical construction necessary to maintenance requirements that preclude use view board’) shall have authority to consider implement a response action at a facility, or of the facility, the Administrator shall— a petition under paragraph (3) or (4). not later than 180 days after receipt of a no- ‘‘(A) review the status of the facility every ‘‘(2) GENERAL PROCEDURE.— tice of such completion from the imple- 5 years; and ‘‘(A) COMPLETION OF REVIEW.—The review menting party, the Administrator shall pub- ‘‘(B) require additional remedial action at of a petition submitted to a remedy review lish a notice of completion and proposed the facility if the Administrator determines, board under this subsection shall be com- delisting of the facility from the National after notice and opportunity for hearing, pleted not later than 180 days after the re- Priorities List in the Federal Register and in that the facility does not satisfy section ceipt of the petition unless the Adminis- a newspaper of general circulation in the 121(a). trator, for good cause, grants additional area where the facility is located. ‘‘(3) FACILITIES AVAILABLE FOR RESTRICTED time. ‘‘(2) PHYSICAL CONSTRUCTION.—For the pur- USE.—The Administrator may determine ‘‘(B) COSTS OF REVIEW.—All reasonable poses of paragraph (1), physical construction that a facility or portion of a facility is costs incurred by a remedy review board, the necessary to implement a response action at available for restricted use while a response Administrator, or a State in conducting a re- a facility shall be considered to be complete action is under way or after physical con- view or evaluating a petition for possible ob- when— struction has been completed. The Adminis- jection shall be borne by the petitioner.

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‘‘(C) DECISIONS.—At the completion of the ‘‘(iv) in the case of a record of decision in- ceiving a notification under subparagraph 180-day review period, a remedy review board tended primarily for the remediation of (A) the Governor demonstrates to the rem- shall issue a written decision including re- dense, nonaqueous phase liquids, the alter- edy review board that the selection of the sponses to all comments submitted during native remedial action achieves cost savings proposed alternative remedy would cause an the review process with regard to a petition. of $1,000,000 or more. unreasonably long delay that would be likely ‘‘(D) OPPORTUNITY FOR COMMENT AND MEET- ‘‘(C) CONTENTS OF PETITION.—For the pur- to result in significant adverse human health INGS.—In reviewing a petition under this sub- poses of facility-specific risk assessment impacts, environmental risks, disruption of section, a remedy review board shall provide under section 130, a petition described in sub- planned future use, or economic hardship. an opportunity for all interested parties, in- paragraph (A) shall rely on risk assessment ‘‘(C) DENIAL.—On receipt of an objection cluding representatives of the State and data that were available prior to issuance of and demonstration under subparagraph (C), local community in which the facility is lo- the record of decision but shall consider the the remedy review board shall— cated, to comment on the petition and, if re- actual or planned or reasonably anticipated ‘‘(i) deny the petition; or quested, to meet with the remedy review future use of the land and water resources. ‘‘(ii) consider any other action that the board under this subsection. ‘‘(D) INCORRECT DATA.—Notwithstanding Governor may recommend. ‘‘(E) REVIEW BY THE ADMINISTRATOR.— subparagraphs (B) and (C), a remedy review ‘‘(7) SAVINGS CLAUSE.—Notwithstanding ‘‘(i) IN GENERAL.—The Administrator shall board may approve a petition if the peti- any other provision of this subsection, in the have final review of any decision of a remedy tioner demonstrates that technical data gen- case of a remedial action plan for which a review board under this subsection. erated subsequent to the issuance of the final record of decision under section 121 has ‘‘(ii) STANDARD OF REVIEW.—In conducting record of decision indicates that the decision been published, if remedial action was not a review of a decision of a remedy review was based on faulty or incorrect informa- completed pursuant to the remedial action board under this subsection, the Adminis- tion. plan before the date of enactment of this sec- trator shall accord substantial weight to the ‘‘(4) ADDITIONAL CONSTRUCTION.— tion, the Administrator or a State exercising decision of the remedy review board. ‘‘(A) PETITION.—In the case of a facility or authority under section 129(d) may modify ‘‘(iii) REJECTION OF DECISION.—Any deter- operable unit with respect to which a record the remedial action plan in order to conform mination to reject a decision of a remedy re- of decision has been signed and construction the plan to the requirements of this Act, as view board under this subsection must be ap- has begun prior to the date of enactment of in effect on the date of enactment of this proved by the Administrator or the Assistant this section and which meets the criteria of section.’’. Administrator for Solid Waste and Emer- subparagraph (B), but for which additional SEC. 1927. NATIONAL PRIORITIES LIST. gency Response. construction or long-term operation and (a) AMENDMENTS.—Section 105 of the Com- UDICIAL REVIEW.—A decision of a ‘‘(F) J maintenance activities are anticipated, the prehensive Environmental Response, Com- remedy review board under subparagraph (C) implementor of the record of decision may pensation, and Liability Act of 1980 (42 and the review by the Administrator of such file a petition with a remedy review board U.S.C. 9605) is amended— a decision shall be subject to the limitations within 90 days after the date of enactment of (1) in subsection (a)(8), by adding at the on judicial review under section 113(h). this section to determine whether an alter- end the following: ‘‘(G) CALCULATIONS OF COST SAVINGS.— native remedial action should apply to the ‘‘(C) provision that in listing a facility on ‘‘(i) IN GENERAL.—A determination with re- facility or operable unit. the National Priorities List, the Adminis- spect to relative cost savings and whether ‘‘(B) CRITERIA FOR APPROVAL.—Subject to trator shall not include any parcel of real construction has begun shall be based on op- subparagraph (C), a remedy review board property at which no release has actually oc- erable units or distinct elements or phases of shall approve a petition described in sub- remediation and not on the entire record of paragraph (A) if— curred, but to which a released hazardous decision. ‘‘(i) the alternative remedial action pro- substance, pollutant, or contaminant has mi- grated in ground water that has moved ‘‘(ii) ITEMS NOT TO BE CONSIDERED.—In de- posed in the petition satisfies section 121(a); termining the amount of cost savings— and through subsurface strata from another par- ‘‘(I) there shall not be taken into account ‘‘(ii)(I) in the case of a record of decision cel of real estate at which the release actu- any administrative, demobilization, re- valued at a total cost between $5,000,000 and ally occurred, unless— mobilization, or additional investigation $10,000,000, the alternative remedial action ‘‘(i) the ground water is in use as a public costs of the review or modification of the achieves cost savings of at least 50 percent of drinking water supply or was in such use at remedy associated with the alternative rem- the total costs of the record of decision; the time of the release; and edy; and ‘‘(II) in the case of a record of decision val- ‘‘(ii) the owner or operator of the facility is ‘‘(II) only the estimated cost savings of ex- ued at a total cost greater than $10,000,000, liable, or is affiliated with any other person penditures avoided by undertaking the alter- the alternative remedial action achieves cost that is liable, for any response costs at the native remedy shall be considered as cost savings of $5,000,000 or more; or facility, through any direct or indirect fa- savings. ‘‘(III) in the case of a record of decision in- milial relationship, or any contractual, cor- ‘‘(3) CONSTRUCTION NOT BEGUN.— volving monitoring, operations, and mainte- porate, or financial relationship other than ‘‘(A) PETITION.—In the case of a facility or nance obligations where construction is com- that created by the instruments by which operable unit with respect to which a record pleted, the alternative remedial action title to the facility is conveyed or fi- of decision has been signed but construction achieves cost savings of $1,000,000 or more. nanced.’’; and has not yet begun prior to the date of enact- ‘‘(C) INCORRECT DATA.—Notwithstanding (2) by adding at the end the following: ment of this section and which meet the cri- subparagraph (B), a remedy review board ‘‘(i) LISTING OF PARTICULAR PARCELS.— teria of subparagraph (B), the implementor may approve a petition if the petitioner ‘‘(1) DEFINITION.—The term ‘parcel of real of the record of decision may file a petition demonstrates that technical data generated property’, as used in subsection (a)(8)(C) and with a remedy review board not later than 90 subsequent to the issuance of the record of paragraph (2), means a parcel, lot, or tract of days after the date of enactment of this sec- decision indicates that the decision was land that has a separate legal description tion to determine whether an alternate rem- based on faulty or incorrect information, and from that of any other parcel, lot, or tract of edy under section 132 should apply to the fa- the alternative remedial action achieves cost land the legal description and ownership of cility or operable unit. savings of at least $2,000,000. which has been recorded in accordance with ‘‘(B) CRITERIA FOR APPROVAL.—Subject to ‘‘(D) MANDATORY REVIEW.—A remedy re- the law of the State in which it is located. subparagraph (C), a remedy review board view board shall not be required to entertain ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in shall approve a petition described in sub- more than 1 petition under subparagraph subsection (a)(8)(C) limits the authority of paragraph (A) if— (B)(ii)(III) or (C) with respect to a remedial the Administrator under section 104 to ob- ‘‘(i) the alternative remedial action pro- action plan. tain access to, and undertake response ac- posed in the petition satisfies section 121(a); ‘‘(5) DELAY.—In determining whether an al- tions at, any parcel of real property to which ‘‘(ii)(I) in the case of a record of decision ternative remedial action will substantially a released hazardous substance, pollutant, or with an estimated implementation cost of delay the implementation of a remedial ac- contaminant has migrated in ground between $5,000,000 and $10,000,000, the alter- tion of a facility, no consideration shall be water.’’. native remedial action achieves cost savings given to the time necessary to review a peti- (b) REVISION OF NATIONAL PRIORITIES of at least 25 percent of the total costs of the tion under paragraph (3) or (4) by a remedy LIST.—The President shall revise the Na- record of decision; or review board or the Administrator. tional Priorities List to conform with the ‘‘(II) in the case of a record of decision val- ‘‘(6) OBJECTION BY THE GOVERNOR.— amendments made by subsection (a) not ued at a total cost greater than $10,000,000, ‘‘(A) NOTIFICATION.—Not later than 7 days later that 180 days of the date of enactment the alternative remedial action achieves cost after receipt of a petition under this sub- of this Act. savings of $2,500,000 or more; section, a remedy review board shall notify Subtitle D—Liability ‘‘(iii) in the case of a record of decision in- the Governor of the State in which the facil- SEC. 1931. CONTRIBUTION FROM THE FUND. volving ground water extraction and treat- ity is located and provide the Governor a Section 112 of the Comprehensive Environ- ment remedies for substances other than copy of the petition. mental Response, Compensation, and Liabil- dense, nonaqueous phase liquids, the alter- ‘‘(B) OBJECTION.—The Governor may object ity Act of 1980 (42 U.S.C. 9612) is amended by native remedial action achieves cost savings to the petition or the modification of the adding at the end the following: of $2,000,000 or more; or remedy, if not later than 90 days after re- ‘‘(g) CONTRIBUTION FROM THE FUND.—

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‘‘(1) COMPLETION OF OBLIGATIONS.—A person respect to which response costs are incurred ‘‘(A) the obligation of the Administrator to that is subject to an administrative order after the date of enactment of this section, conduct the allocation process for a response issued under section 106 or has entered into and with respect to which 1 or more poten- action at a facility that has been the subject a settlement decree with the United States tially responsible parties (other that a de- of a partial or expedited settlement with re- or a State as of the date of enactment of this partment, agency, or instrumentality of the spect to a response action that is not within subsection shall complete the obligations of United States) are liable or potentially lia- the scope of the allocation; the person under the order or settlement de- ble; and ‘‘(B) the ability of any person to resolve cree. ‘‘(C) a codisposal landfill listed on the Na- any liability at a facility to any other person ‘‘(2) CONTRIBUTION.—A person described in tional Priorities List with respect to which at any time before initiation or completion paragraph (1) shall receive contribution from costs are incurred after the date of enact- of the allocation process, subject to sub- the Fund for any portion of the costs (ex- ment of this section. section (h)(3); cluding attorneys’ fees) incurred for the per- ‘‘(5) ORPHAN SHARE.—The term ‘orphan ‘‘(C) the validity, enforceability, finality, formance of the response action after the share’ means the total of the allocated or merits of any judicial or administrative date of enactment of this subsection if the shares determined by the allocator under order, judgment, or decree, issued prior to person is not liable for such costs by reason subsection (h). the date of enactment of this section with of a liability exemption or limitation under ‘‘(b) ALLOCATIONS OF LIABILITY.— respect to liability under this Act; or this section. ‘‘(1) MANDATORY ALLOCATIONS.—For each ‘‘(D) the validity, enforceability, finality, ‘‘(3) APPLICATION FOR CONTRIBUTION.— mandatory allocation facility involving 2 or or merits of any preexisting contract or ‘‘(A) IN GENERAL.—Contribution under this more potentially responsible parties, the Ad- agreement relating to any allocation of re- section shall be made upon receipt by the ministrator shall conduct the allocation sponsibility or any indemnity for, or sharing Administrator of an application requesting process under this section. of, any response costs under this Act. contribution. ‘‘(2) REQUESTED ALLOCATIONS.—For a facil- ‘‘(c) MORATORIUM ON LITIGATION AND EN- ‘‘(B) PERIODIC APPLICATIONS.—Beginning ity (other than a mandatory allocation facil- FORCEMENT.— with the 7th month after the date of enact- ity) involving 2 or more potentially respon- ‘‘(1) IN GENERAL.—No person may assert a ment of this subsection, 1 application for sible parties, the Administrator shall con- claim for recovery of a response cost or con- each facility shall be submitted every 6 tribution toward a response cost (including a months for all persons with contribution duct the allocation process under this sec- tion if the allocation is requested in writing claim for insurance proceeds) under this Act rights (as determined under subparagraph or any other Federal or State law in connec- (2)). by a potentially responsible party that has— ‘‘(A) incurred response costs with respect tion with a response action— ‘‘(4) REGULATIONS.—Contribution shall be ‘‘(A) for which an allocation is required to made in accordance with such regulations as to a response action; or ‘‘(B) resolved any liability to the United be performed under subsection (b)(1); or the Administrator shall issue within 180 days ‘‘(B) for which the Administrator has initi- after the date of enactment of this section. States with respect to a response action in order to assist in allocating shares among ated the allocation process under this sec- ‘‘(5) DOCUMENTATION.—The regulations tion, under paragraph (4) shall, at a minimum, re- potentially responsible parties. quire that an application for contribution ‘‘(3) PERMISSIVE ALLOCATIONS.—For any fa- until the date that is 120 days after the date contain such documentation of costs and ex- cility (other than a mandatory allocation fa- of issuance of a report by the allocator under penditures as the Administrator considers cility or a facility with respect to which a subsection (f)(4) or, if a second or subsequent necessary to ensure compliance with this request is made under paragraph (2)) involv- report is issued under subsection (m), the subsection. ing 2 or more potentially responsible parties, date of issuance of the second or subsequent ‘‘(6) EXPEDITION.—The Administrator shall the Administrator may conduct the alloca- report. develop and implement such procedures as tion process under this section if the Admin- ‘‘(2) PENDING ACTIONS OR CLAIMS.—If a may be necessary to provide contribution to istrator considers it to be appropriate to do claim described in paragraph (1) is pending such persons in an expeditious manner, but so. on the date of enactment of this section or in no case shall a contribution be made later ‘‘(4) ORPHAN SHARE.—An allocation per- on initiation of an allocation under this sec- than 1 year after submission of an applica- formed at a vessel or facility identified tion, the portion of the claim pertaining to tion under this subsection. under paragraph (2) or (3) of subsection (b) response costs that are the subject of the al- ‘‘(7) CONSISTENCY WITH NATIONAL CONTIN- shall not require payment of an orphan share location shall be stayed until the date that GENCY PLAN.—No contribution shall be made under subsection (h) or contribution under is 120 days after the date of issuance of a re- under this subsection unless the Adminis- subsection (p). port by the allocator under subsection (f)(4) trator determines that such costs are con- ‘‘(5) EXCLUDED FACILITIES.— or, if a second or subsequent report is issued sistent with the National Contingency ‘‘(A) IN GENERAL.—A codisposal landfill under subsection (m), the date of issuance of Plan.’’. listed on the Natural Priorities List at which the second or subsequent report, unless the SEC. 1932. ALLOCATION OF LIABILITY FOR CER- costs are incurred after January 1, 2002. This court determines that a stay would result in TAIN FACILITIES. section does not apply to a response action manifest injustice. Title I of the Comprehensive Environ- at a mandatory allocation facility for which ‘‘(3) TOLLING OF PERIOD OF LIMITATION.— mental Response, Compensation, and Liabil- there was in effect as of the date of enact- ‘‘(A) BEGINNING OF TOLLING.—Any applica- ity Act of 1980 (42 U.S.C. 9601 et seq.) (as ment of this section, a settlement, decree, or ble period of limitation with respect to a amended by section 1926) is amended by add- order that determines the liability and allo- claim subject to paragraph (1) shall be tolled ing at the end the following: cated shares of all potentially responsible beginning on the earlier of— ‘‘SEC. 135. ALLOCATION OF LIABILITY FOR CER- parties with respect to the response action. ‘‘(i) the date of listing of the facility on the TAIN FACILITIES. ‘‘(B) AVAILABILITY OF ORPHAN SHARE.—For National Priorities List if the listing occurs ‘‘(a) DEFINITIONS.—In this section: any mandatory allocation facility that is after the date of enactment of this section; ‘‘(1) ALLOCATED SHARE.—The term ‘allo- otherwise excluded by subparagraph (A) and or cated share’ means the percentage of liabil- for which there was not in effect as of the ‘‘(ii) the date of initiation of the allocation ity assigned to a potentially responsible date of enactment of this section a final judi- process under this section. party by the allocator in an allocation re- cial order that determined the liability of all ‘‘(B) END OF TOLLING.—A period of limita- port under subsection (f)(4). parties to the action for response costs in- tion shall be tolled under subparagraph (A) ‘‘(2) ALLOCATION PARTY.—The term ‘alloca- curred after the date of enactment of this until the date that is 180 days after the date tion party’ means a party named on a list of section, an allocation shall be conducted for of issuance of a report by the allocator under parties that will be subject to the allocation the sole purpose of determining the avail- subsection (f)(4), or of a second or subsequent process under this section, as issued by an ability of orphan share funding pursuant to report under subsection (m). allocator. subsection (h)(2) for any response costs in- ‘‘(4) RETAINED AUTHORITY.—Except as spe- ‘‘(3) ALLOCATOR.—The term ‘allocator’ curred after the date of enactment of this cifically provided in this section, this sec- means an allocator retained to conduct an section. tion does not affect the authority of the Ad- allocation for a facility. ‘‘(6) SCOPE OF ALLOCATIONS.—An allocation ministrator to— ‘‘(4) MANDATORY ALLOCATION FACILITY.— under this section shall apply to— ‘‘(A) exercise the powers conferred by sec- The term ‘mandatory allocation facility’ ‘‘(A) response costs incurred after the date tion 103, 104, 105, 106, or 122; means— of enactment of this section, with respect to ‘‘(B) commence an action against a party if ‘‘(A) a non-federally owned vessel or facil- a mandatory allocation facility described in there is a contemporaneous filing of a judi- ity listed on the National Priorities List subparagraph (A), (B), or (C) of subsection cial consent decree resolving the liability of with respect to which response costs are in- (a)(4); and the party; curred after the date of enactment of this ‘‘(B) response costs incurred at a facility ‘‘(C) file a proof of claim or take other ac- section and at which there are 2 or more po- that is the subject of a requested or permis- tion in a proceeding under title 11, United tentially responsible persons, if at least 1 po- sive allocation under paragraph (2) or (3) of States Code; or tentially responsible person is viable; subsection (b). ‘‘(D) require implementation of a response ‘‘(B) a federally owned vessel or facility ‘‘(7) OTHER MATTERS.—This section shall action at an allocation facility during the listed on the National Priorities List with not limit or affect— conduct of the allocation process.

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‘‘(d) ALLOCATION PROCESS.— to assist in the efficient completion of the ‘‘(3) the mobility of hazardous substances ‘‘(1) ESTABLISHMENT.—Not later than 180 allocation process. contributed by each allocation party; days after the date of enactment of this sec- ‘‘(B) REQUESTS.—Any person may request ‘‘(4) the degree of involvement of each allo- tion, the Administrator shall establish by that an allocator request information under cation party in the generation, transpor- regulation a process for conduct of manda- this paragraph. tation, treatment, storage, or disposal of tory, requested, and permissive allocations. ‘‘(C) AUTHORITY.—An allocator may exer- hazardous substances; ‘‘(2) REQUIREMENTS.—In developing the al- cise the information-gathering authority of ‘‘(5) the degree of care exercised by each al- location process under paragraph (1), the Ad- the Administrator under section 104(e), in- location party with respect to hazardous ministrator shall— cluding issuing an administrative subpoena substances, taking into account the charac- ‘‘(A) ensure that parties that are eligible to compel the production of a document or teristics of the hazardous substances; for an exemption from liability under sec- the appearance of a witness. ‘‘(6) the cooperation of each allocation tion 107— ‘‘(D) DISCLOSURE.—Notwithstanding any party in contributing to any response action ‘‘(i) are identified by the Administrator other law, any information submitted to the and in providing complete and timely infor- (before selection of an allocator or by an al- allocator in response to a subpoena issued mation to the allocator; and locator); under subparagraph (C) shall be exempt from ‘‘(7) such other equitable factors as the al- ‘‘(ii) at the earliest practicable oppor- disclosure to any person under section 552 of locator determines are appropriate. tunity, are notified of their status; and title 5, United States Code. ‘‘(h) ORPHAN SHARES.— ‘‘(iii) are provided with appropriate written ‘‘(E) ORDERS.—In a case of contumacy or ‘‘(1) IN GENERAL.—The allocator shall de- assurances that they are not liable for re- failure of a person to obey a subpoena issued termine whether any percentage of responsi- sponse costs under this Act; under subparagraph (C), an allocator may re- bility for the response action shall be allo- ‘‘(B) establish an expedited process for the quest the Attorney General to— cable to the orphan share. selection, appointment, and retention by ‘‘(i) bring a civil action to enforce the sub- ‘‘(2) COMPOSITION OF ORPHAN SHARE.—The contract of a impartial allocator, acceptable poena; or orphan share shall consist of— to both potentially responsible parties and a ‘‘(ii) if the person moves to quash the sub- ‘‘(A) any share that the allocator deter- representative of the Fund, to conduct the poena, to defend the motion. mines is attributable to an allocation party that is insolvent or defunct and that is not allocation process in a fair, efficient, and im- ‘‘(F) FAILURE OF ATTORNEY GENERAL TO RE- affiliated with any financially viable alloca- partial manner; SPOND.—If the Attorney General fails to pro- ‘‘(C) permit any person to propose to name vide any response to the allocator within 30 tion party; and ‘‘(B) the difference between the aggregate additional potentially responsible parties as days of a request for enforcement of a sub- share that the allocator determines is attrib- allocation parties, the costs of any expenses poena or information request, the allocator utable to a person and the aggregate share incurred by the nominated party (including may retain counsel to commence a civil ac- actually assumed by the person in a settle- reasonable attorney’s fees) to be borne by tion to enforce the subpoena or information ment with the United States otherwise if— the party that proposes the addition of the request. ‘‘(i) the person is eligible for an expedited party to the allocation process if the allo- ‘‘(2) ADDITIONAL AUTHORITY.—An allocator settlement with the United States under sec- cator determines that there is no adequate may— tion 122 based on limited ability to pay re- basis in law or fact to conclude that a party ‘‘(A) schedule a meeting or hearing and re- sponse costs; is liable based on the information presented quire the attendance of allocation parties at ‘‘(ii) the liability of the person is elimi- by the nominating party or otherwise avail- the meeting or hearing; nated, limited, or reduced by any provision able to the allocator; and ‘‘(B) sanction an allocation party for fail- of this Act; or ‘‘(D) require that the allocator adopt any ing to cooperate with the orderly conduct of ‘‘(iii) the person settled with the United settlement that allocates 100 percent of the the allocation process; States before the completion of the alloca- recoverable costs of a response action at a ‘‘(C) require that allocation parties wish- tion. facility to the signatories to the settlement, ing to present similar legal or factual posi- ‘‘(3) UNATTRIBUTABLE SHARES.—A share at- if the settlement contains a waiver of— tions consolidate the presentation of the po- tributable to a hazardous substance that the ‘‘(i) a right of recovery from any other sitions; allocator determines was disposed at the fa- party of any response cost that is the subject ‘‘(D) obtain or employ support services, in- cility that cannot be attributed to any iden- of the allocation; and cluding secretarial, clerical, computer sup- tifiable party shall be distributed among the ‘‘(ii) a right to contribution under this Act, port, legal, and investigative services; and allocation parties and the orphan share in ‘‘(E) take any other action necessary to with respect to any response action that is accordance with the allocated share assigned conduct a fair, efficient, and impartial allo- within the scope of allocation process. to each. ‘‘(3) TIME LIMIT.—The Administrator shall cation process. ‘‘(i) INFORMATION REQUESTS.— initiate the allocation process for a facility ‘‘(3) CONDUCT OF ALLOCATION PROCESS.— ‘‘(1) DUTY TO ANSWER.—Each person that not later than the earlier of— ‘‘(A) IN GENERAL.—The allocator shall con- receives an information request or subpoena ‘‘(A) the date of completion of the facility duct the allocation process and render a de- from the allocator shall provide a full and evaluation or remedial investigation for the cision based solely on the provisions of this timely response to the request. facility; or section, including the allocation factors de- ‘‘(2) CERTIFICATION.—An answer to an infor- ‘‘(B) the date that is 60 days after the date scribed in subsection (g). mation request by an allocator shall include of selection of a removal action. ‘‘(B) OPPORTUNITY TO BE HEARD.—Each allo- a certification by a representative that ‘‘(4) NO JUDICIAL REVIEW.—There shall be cation party shall be afforded an opportunity meets the criteria established in section no judicial review of any action regarding se- to be heard (orally or in writing, at the op- 270.11(a) of title 40, Code of Federal Regula- lection of an allocator under the regulation tion of an allocation party) and an oppor- tions (or any successor regulation), that— issued under this subsection. tunity to comment on a draft allocation re- ‘‘(A) the answer is correct to the best of ‘‘(5) RECOVERY OF CONTRACT COSTS.—The port. the representative’s knowledge; costs of the Administrator in retaining an ‘‘(C) RESPONSES.—The allocator shall not ‘‘(B) the answer is based on a diligent good allocator shall be considered to be a response be required to respond to comments. faith search of records in the possession or cost for all purposes of this Act. ‘‘(D) STREAMLINING.—The allocator shall control of the person to whom the request ‘‘(e) FEDERAL, STATE, AND LOCAL AGEN- make every effort to streamline the alloca- was directed; CIES.— tion process and minimize the cost of con- ‘‘(C) the answer is based on a reasonable ‘‘(1) IN GENERAL.—Other than as set forth ducting the allocation. inquiry of the current (as of the date of the in this Act, any Federal, State, or local gov- ‘‘(4) ALLOCATION REPORT.—The allocator answer) officers, directors, employees, and ernmental department, agency, or instru- shall provide a written allocation report to agents of the person to whom the request mentality that is named as a potentially re- the Administrator and the allocation parties was directed; sponsible party or an allocation party shall that specifies the allocation share of each al- ‘‘(D) the answer accurately reflects infor- be subject to, and be entitled to the benefits location party and any orphan shares, as de- mation obtained in the course of conducting of, the allocation process and allocation de- termined by the allocator. the search and the inquiry; termination under this section to the same ‘‘(g) EQUITABLE FACTORS FOR ALLOCATION.— ‘‘(E) the person executing the certification extent as any other party. The allocator shall prepare a nonbinding al- understands that there is a duty to supple- ‘‘(2) ORPHAN SHARE.—The Administrator or location of percentage shares of responsi- ment any answer if, during the allocation the Attorney General shall participate in the bility to each allocation party and to the or- process, any significant additional, new, or allocation proceeding as the representative phan share, in accordance with this section different information becomes known or of the Fund from which any orphan share and without regard to any theory of joint available to the person; and shall be paid. and several liability, based on— ‘‘(F) the person executing the certification ‘‘(f) ALLOCATION AUTHORITY.— ‘‘(1) the amount of hazardous substances understands that there are significant pen- ‘‘(1) INFORMATION-GATHERING AUTHORI- contributed by each allocation party; alties for submitting false information, in- TIES.— ‘‘(2) the degree of toxicity of hazardous cluding the possibility of a fine or imprison- ‘‘(A) IN GENERAL.—An allocator may re- substances contributed by each allocation ment for a knowing violation. quest information from any person in order party; ‘‘(j) PENALTIES.—

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‘‘(1) CIVIL.— ‘‘(II) FACTS.—If a fact generated or ob- cluding an expedited settlement under sec- ‘‘(A) IN GENERAL.—A person that fails to tained during the allocation was otherwise tion 122) based on the allocation. submit a complete and timely answer to an discoverable or admissible from a witness, ‘‘(3) JUDICIAL REVIEW.—Any determination information request, a request for the pro- testimony concerning the fact, if subse- by the Administrator or the Attorney Gen- duction of a document, or a summons from quently sought from the witness, shall re- eral under this subsection shall not be sub- an allocator, submits a response that lacks main discoverable or admissible. ject to judicial review unless 2 successive al- the certification required under subsection ‘‘(3) NO WAIVER OF PRIVILEGE.—The submis- location reports relating to the same re- (i)(2), or knowingly makes a false or mis- sion of testimony, a document, or informa- sponse action are rejected, in which case any leading material statement or representa- tion under the allocation process shall not allocation party may obtain judicial review tion in any statement, submission, or testi- constitute a waiver of any privilege applica- of the second rejection in a United States mony during the allocation process (includ- ble to the testimony, document, or informa- district court under subchapter II of chapter ing a statement or representation in connec- tion under any Federal or State law or rule 5 of part I of title 5, United States Code. tion with the nomination of another poten- of discovery or evidence. ‘‘(4) DELEGATION.—The authority to make tially responsible party) shall be subject to a ‘‘(4) PROCEDURE IF DISCLOSURE SOUGHT.— a determination under this subsection may civil penalty of not more than $10,000 per day ‘‘(A) NOTICE.—A person that receives a re- not be delegated to any officer or employee of violation. quest for a statement, document, or material below the level of an Assistant Adminis- ‘‘(B) ASSESSMENT OF PENALTY.—A penalty submitted for the record of an allocation may be assessed by the Administrator in ac- proceeding, shall— trator or Acting Assistant Administrator or cordance with section 109 or by any alloca- ‘‘(i) promptly notify the person that origi- an Assistant Attorney General or Acting As- tion party in a citizen suit brought under nally submitted the item or testified in the sistant Attorney General with authority for section 310. allocation proceeding; and implementing this Act. ‘‘(2) CRIMINAL.—A person that knowingly ‘‘(ii) provide the person that originally ‘‘(m) SECOND AND SUBSEQUENT ALLOCA- and willfully makes a false material state- submitted the item or testified in the alloca- TIONS.— ment or representation in the response to an tion proceeding an opportunity to assert and ‘‘(1) IN GENERAL.—If a report is rejected information request or subpoena issued by defend the confidentiality of the item or tes- under subsection (l), the allocation parties the allocator under subsection (i) shall be timony. shall select an allocator to perform, on an considered to have made a false statement ‘‘(B) RELEASE.—No person may release or expedited basis, a new allocation based on on a matter within the jurisdiction of the provide a copy of a statement, document, or the same record available to the previous al- United States within the meaning of section material submitted, or the record of an allo- locator. 1001 of title 18, United States Code. cation proceeding, to any person not a party ‘‘(2) MORATORIUM AND TOLLING.—The mora- ‘‘(k) DOCUMENT REPOSITORY; CONFIDEN- to the allocation except— torium and tolling provisions of subsection TIALITY.— ‘‘(i) with the written consent of the person (c) shall be extended until the date that is ‘‘(1) DOCUMENT REPOSITORY.— that originally submitted the item or testi- 180 days after the date of the issuance of any ‘‘(A) IN GENERAL.—The allocator shall es- fied in the allocation proceeding; or second or subsequent allocation report under tablish and maintain a document repository ‘‘(ii) as may be required by court order. paragraph (1). containing copies of all documents and infor- ‘‘(5) CIVIL PENALTY.— ‘‘(3) SAME ALLOCATOR.—The allocation par- mation provided by the Administrator or ‘‘(A) IN GENERAL.—A person that fails to any allocation party under this section or maintain the confidentiality of any state- ties may select the same allocator who per- generated by the allocator during the alloca- ment, document, or material or the record formed 1 or more previous allocations at the tion process. generated or obtained during an allocation facility, except that the Administrator may ‘‘(B) AVAILABILITY.—Subject to paragraph proceeding, or that releases any information determine that an allocator whose previous (2), the documents and information in the in violation of this section, shall be subject report at the same facility has been rejected document repository shall be available only to a civil penalty of not more than $25,000 under subsection (l) is unqualified to serve. to an allocation party for review and copying per violation. ‘‘(n) SETTLEMENTS BASED ON ALLOCA- at the expense of the allocation party. ‘‘(B) ASSESSMENT OF PENALTY.—A penalty TIONS.— ‘‘(2) CONFIDENTIALITY.— may be assessed by the Administrator in ac- ‘‘(1) DEFINITION.—In this subsection, the ‘‘(A) IN GENERAL.—Each document or mate- cordance with section 109 or by any alloca- term ‘all settlements’ includes any orphan rial submitted to the allocator or placed in tion party in a citizen suit brought under share allocated under subsection (h). the document repository and the record of section 310. ‘‘(2) SETTLEMENTS.—Unless an allocation any information generated or obtained dur- ‘‘(C) DEFENSES.—In any administrative or report is rejected under subsection (l), any ing the allocation process shall be confiden- judicial proceeding, it shall be a complete allocation party at a mandatory allocation tial. defense that any statement, document, or facility (including an allocation party whose ‘‘(B) MAINTENANCE.—The allocator, each material or the record at issue under sub- allocated share is funded partially or fully allocation party, the Administrator, and the paragraph (A)— by orphan share funding under subsection Attorney General— ‘‘(i) was in, or subsequently became part (h)) shall be entitled to resolve the liability ‘‘(i) shall maintain the documents, mate- of, the public domain, and did not become of the party to the United States for re- rials, and records of any depositions or testi- part of the public domain as a result of a vio- sponse actions subject to allocation if, not mony adduced during the allocation as con- lation of this subsection by the person later than 90 days after the date of issuance fidential; and charged with the violation; of a report by the allocator, the party— ‘‘(ii) shall not use any such document or ‘‘(ii) was already known by lawful means ‘‘(A) offers to settle with the United States material or the record in any other matter to the person receiving the information in or proceeding or for any purpose other than connection with the allocation process; or based on the allocated share specified by the the allocation process. ‘‘(iii) became known to the person receiv- allocator; and ‘‘(C) DISCLOSURE.—Notwithstanding any ing the information after disclosure in con- ‘‘(B) agrees to the other terms and condi- other law, the documents and materials and nection with the allocation process and did tions stated in this subsection. the record shall not be subject to disclosure not become known as a result of any viola- ‘‘(3) PROVISIONS OF SETTLEMENTS.— to any person under section 552 of title 5, tion of this subsection by the person charged ‘‘(A) IN GENERAL.—A settlement based on United States Code. with the violation. an allocation under this section— ‘‘(D) DISCOVERY AND ADMISSIBILITY.— ‘‘(l) REJECTION OF ALLOCATION REPORT.— ‘‘(i) may consist of a cash-out settlement ‘‘(i) IN GENERAL.—Subject to clause (ii), the ‘‘(1) REJECTION.—The Administrator and or an agreement for the performance of a re- documents and materials and the record the Attorney General may jointly reject a sponse action; and shall not be subject to discovery or admis- report issued by an allocator only if the Ad- ‘‘(ii) shall include— sible in any other Federal, State, or local ju- ministrator and the Attorney General joint- ‘‘(I) a waiver of contribution rights against dicial or administrative proceeding, except— ly publish, not later than 180 days after the all persons that are potentially responsible ‘‘(I) a new allocation under subsection (m) Administrator receives the report, a written parties for any response action addressed in or (r) for the same response action; or determination that— the settlement; ‘‘(II) an initial allocation under this sec- ‘‘(A) no rational interpretation of the facts ‘‘(II) a covenant not to sue that is con- tion for a different response action at the before the allocator, in light of the factors sistent with section 122(f) and, except in the same facility. required to be considered, would form a rea- case of a cash-out settlement, provisions re- ‘‘(ii) OTHERWISE DISCOVERABLE OR ADMIS- sonable basis for the shares assigned to the garding performance or adequate assurance SIBLE.— parties; or of performance of the response action; ‘‘(I) DOCUMENT OR MATERIAL.—If the origi- ‘‘(B) the allocation process was directly ‘‘(III) a premium, calculated on a facility- nal of any document or material submitted and substantially affected by bias, proce- specific basis and subject to the limitations to the allocator or placed in the document dural error, fraud, or unlawful conduct. on premiums stated in paragraph (5), that re- repository was otherwise discoverable or ad- ‘‘(2) FINALITY.—A report issued by an allo- flects the actual risk to the United States of missible from a party, the original docu- cator may not be rejected after the date that not collecting unrecovered response costs for ment, if subsequently sought from the party, is 180 days after the date on which the the response action, despite the diligent shall remain discoverable or admissible. United States accepts a settlement offer (ex- prosecution of litigation against any viable

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allocation party that has not resolved the li- tween the United States and the allocation ‘‘(2) ORPHAN SHARE.—The recoverable costs ability of the party to the United States, ex- parties pursuant to subsection (n). shall include any orphan share determined cept that no premium shall apply if all allo- ‘‘(C) PAYMENT FROM FUNDS MADE AVAILABLE under subsection (h), but shall not include cation parties participate in the settlement IN SUBSEQUENT FISCAL YEARS.—Any amount any share allocated to a Federal, State, or or if the settlement covers 100 percent of the due and owing in excess of available appro- local governmental agency, department, or response costs subject to the allocation; priations in any fiscal year shall be paid instrumentality. ‘‘(IV) complete protection from all claims from amounts made available in subsequent ‘‘(3) IMPLEADER.—A defendant in an action for contribution regarding the response ac- fiscal years, along with interest on the un- under paragraph (1) may implead an alloca- tion addressed in the settlement; and paid balances at the rate equal to that of the tion party only if the allocation party did ‘‘(V) provisions through which a settling current average market yield on outstanding not resolve liability to the United States. party shall receive prompt contribution from marketable obligations of the United States ‘‘(4) CERTIFICATION.—In commencing or the Fund under subsection (o) of any re- with a maturity of 1 year. maintaining an action under section 107 sponse costs incurred by the party for any ‘‘(4) DOCUMENTATION AND AUDITING.—The against an allocation party after the expira- response action that is the subject of the al- Administrator— tion of the moratorium period under sub- location in excess of the allocated share of ‘‘(A) shall require that any claim for con- section (c)(4), the Attorney General shall the party, including the allocated portion of tribution be supported by documentation of certify in the complaint that the defendant any orphan share. actual costs incurred; and failed to settle the matter based on the share ‘‘(B) RIGHT TO CONTRIBUTION.—A right to ‘‘(B) may require an independent auditing that the allocation report assigned to the contribution under subparagraph (A)(ii)(V) of any claim for contribution. party. shall not be contingent on recovery by the ‘‘(p) POST-ALLOCATION CONTRIBUTION.— ‘‘(5) RESPONSE COSTS.— United States of any response costs from any ‘‘(1) IN GENERAL.—An allocation party (in- ‘‘(A) ALLOCATION PROCEDURE.—The cost of person other than the settling party. cluding a party that is subject to an order implementing the allocation procedure ‘‘(4) REPORT.—The Administrator shall re- under section 106 or a settlement decree) under this section, including reasonable fees port annually to Congress on the administra- that incurs costs after the date of enactment and expenses of the allocator, shall be con- tion of the allocation process under this sec- of this section for implementation of a re- sidered as a necessary response cost. sponse action that is the subject of an allo- tion, providing in the report— ‘‘(B) FUNDING OF ORPHAN SHARES.—The cost ‘‘(A) information comparing allocation re- cation under this section to an extent that attributable to funding an orphan share sults with actual settlements at multiparty exceeds the percentage share of the alloca- under this section— facilities; tion party, as determined by the allocator, ‘‘(i) shall be considered as a necessary cost shall be entitled to prompt payment of con- ‘‘(B) a cumulative analysis of response ac- of response cost; and tribution for the excess amount, including tion costs recovered through post-allocation ‘‘(ii) shall be recoverable in accordance any orphan share, from the Fund, unless the litigation or settlements of post-allocation with section 107 only from an allocation allocation report is rejected under sub- litigation; party that does not reach a settlement and section (l). ‘‘(C) a description of any impediments to does not receive an administrative order ‘‘(2) NOT CONTINGENT.—The right to con- achieving complete recovery; and under subsection (n). ‘‘(D) a complete accounting of the costs in- tribution under paragraph (1) shall not be ‘‘(r) NEW INFORMATION.— curred in administering and participating in contingent on recovery by the United States ‘‘(1) IN GENERAL.—An allocation under this the allocation process. of a response cost from any other person. section shall be final, except that any set- ‘‘(5) PREMIUM.—In each settlement under ‘‘(3) TERMS AND CONDITIONS.— tling party, including the United States, this subsection, the premium authorized— ‘‘(A) RISK PREMIUM.—A contribution pay- ‘‘(A) shall be determined on a case-by-case ment shall be reduced by the amount of the may seek a new allocation with respect to basis to reflect the actual litigation risk litigation risk premium under subsection the response action that was the subject of faced by the United States with respect to (n)(5) that would apply to a settlement by the settlement by presenting the Adminis- any response action addressed in the settle- the allocation party concerning the response trator with clear and convincing evidence ment; action, based on the total allocated shares of that— ‘‘(B) shall not exceed— the parties that have not reached a settle- ‘‘(A) the allocator did not have informa- ‘‘(i) 5 percent of the total costs assumed by ment with the United States. tion concerning— a settling party if all settlements (including ‘‘(B) TIMING.— ‘‘(i) 35 percent or more of the materials any orphan share) account for more than 80 ‘‘(i) IN GENERAL.—A contribution payment containing hazardous substances at the facil- percent and less than 100 percent of responsi- shall be paid out during the course of the re- ity; or bility for the response action; sponse action that was the subject of the al- ‘‘(ii) 1 or more persons not previously ‘‘(ii) 10 percent of the total costs assumed location, using reasonable progress pay- named as an allocation party that contrib- by a settling party if all settlements (includ- ments at significant milestones. uted 15 percent or more of materials con- ing any orphan share) account for more than ‘‘(ii) CONSTRUCTION.—Contribution for the taining hazardous substances at the facility; 60 percent and not more than 80 percent of construction portion of the work shall be and responsibility for the response action; paid out not later than 120 days after the ‘‘(B) the information was discovered subse- ‘‘(iii) 15 percent of the total costs assumed date of completion of the construction. quent to the issuance of the report by the al- by a settling party if all settlements (includ- ‘‘(C) EQUITABLE OFFSET.—A contribution locator. ing any orphan share) account for more than payment is subject to equitable offset or ‘‘(2) NEW ALLOCATION.—Any new allocation 40 percent and not more than 60 percent of recoupment by the Administrator at any of responsibility— responsibility for the response action; or time if the allocation party fails to perform ‘‘(A) shall proceed in accordance with this ‘‘(iv) 20 percent of the total costs assumed the work in a proper and timely manner. section; by a settling party if all settlements (includ- ‘‘(D) INDEPENDENT AUDITING.—The Adminis- ‘‘(B) shall be effective only after the date ing any orphan share) account for 40 percent trator may require independent auditing of of the new allocation report; and or less of responsibility for the response; and any claim for contribution. ‘‘(C) shall not alter or affect the original ‘‘(C) shall be reduced proportionally by the ‘‘(E) WAIVER.—An allocation party seeking allocation with respect to any response costs percentage of the allocated share for that contribution waives the right to seek recov- previously incurred. party paid through orphan funding under ery of response costs in connection with the ‘‘(s) DISCRETION OF ALLOCATOR.—A contract subsection (h). response action, or contribution toward the by which the Administrator retain an allo- ‘‘(o) FUNDING OF ORPHAN SHARES.— response costs, from any other person. cator shall give the allocator broad discre- ‘‘(1) CONTRIBUTION.—For each settlement ‘‘(F) BAR.—An administrative order shall tion to conduct the allocation process in a agreement entered into under subsection (n), be in lieu of any action by the United States fair, efficient, and impartial manner, and the the Administrator shall promptly reimburse or any other person against the allocation Administrator shall not issue any rule or the allocation parties for any costs incurred party for recovery of response costs in con- order that limits the discretion of the allo- that are attributable to the orphan share, as nection with the response action, or for con- cator in the conduct of the allocation. determined by the allocator. tribution toward the costs of the response ‘‘(t) ILLEGAL ACTIVITIES.—Subsections (s), ‘‘(2) ENTITLEMENT.—Paragraph (1) con- action. (t), and (u) of section 107 and section 112(g) stitutes an entitlement to any allocation ‘‘(q) POST-SETTLEMENT LITIGATION.— shall not apply to any person whose liability party eligible to receive a reimbursement. ‘‘(1) IN GENERAL.—Subject to subsections for response costs under section 107(a)(1) is ‘‘(3) AMOUNTS OWED.— (m) and (n), and on the expiration of the otherwise based on any act, omission, or sta- ‘‘(A) DELAY IF FUNDS ARE UNAVAILABLE.—If moratorium period under subsection (c)(4), tus that is determined by a court or adminis- funds are unavailable in any fiscal year to the Administrator may commence an action trative body of competent jurisdiction, with- reimburse all allocation parties pursuant to under section 107 against an allocation party in the applicable statute of limitation, to paragraph (1), the Administrator may delay that has not resolved the liability of the have been a violation of any Federal or State payment until funds are available. party to the United States following alloca- law pertaining to the treatment, storage, ‘‘(B) PRIORITY.—The priority for reim- tion and may seek to recover response costs disposal, or handling of hazardous substances bursement shall be based on the length of not recovered through settlements with if the violation pertains to a hazardous sub- time that has passed since the settlement be- other persons. stance, the release or threat of release of

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which caused the incurrence of response ‘‘(B) STANDARD.—The Administrator shall ‘‘(B) personal injury or wrongful death; costs at the vessel or facility.’’. enter into an indemnification agreement to ‘‘(C) other expenses or costs arising out of SEC. 1933. LIABILITY OF RESPONSE ACTION CON- the extent that the potential liability (in- the performance of services under the con- TRACTORS. cluding the risk of harm to public health, tract; or (a) LIABILITY OF CONTRACTORS.—Section safety, environment, and property) involved ‘‘(D) contribution or indemnity for dam- 101(20) of the Comprehensive Environmental in a response action exceed or are not cov- ages sustained as a result of an injury de- Response, Compensation, and Liability Act ered by insurance available to the contractor scribed in subparagraphs (A) through (C). of 1980 (42 U.S.C. 9601(20)) is amended by add- at the time at which the response action ‘‘(2) EXCEPTION.—Paragraph (1) does not ing at the end the following: contract is entered into that is likely to pro- bar recovery for a claim caused by the con- ‘‘(H) LIABILITY OF CONTRACTORS.— vide adequate long-term protection to the duct of the response action contractor that ‘‘(i) IN GENERAL.—The term ‘owner or oper- public for the potential liability on fair and is grossly negligent or that constitutes in- ator’ does not include a response action con- reasonable terms (including consideration of tentional misconduct. tractor (as defined in section 119(e)). premium, policy terms, and deductibles). ‘‘(3) INDEMNIFICATION.—This subsection ‘‘(ii) LIABILITY LIMITATIONS.—A person de- ‘‘(C) DILIGENT EFFORTS.—The Adminis- does not affect any right of indemnification scribed in clause (i) shall not, in the absence trator shall enter into an indemnification that a response action contractor may have of negligence by the person, be considered agreement only if the Administrator deter- under this section or may acquire by con- to— mines that the response action contractor tract with any person. ‘‘(I) cause or contribute to any release or has made diligent efforts to obtain insurance ‘‘(i) STATE STANDARDS OF REPOSE.—Sub- threatened release of a hazardous substance, coverage from non-Federal sources to cover sections (a)(1) and (h) shall not apply in de- pollutant, or contaminant; potential liabilities. termining the liability of a response action ‘‘(II) arrange for disposal or treatment of a ‘‘(D) CONTINUED DILIGENT EFFORTS.—An in- contractor if the State has enacted a statute hazardous substance, pollutant, or contami- demnification agreement shall require the of repose determining the liability of a re- nant; response action contractor to continue, not sponse action contractor.’’. ‘‘(III) arrange with a transporter for trans- more frequently than annually, to make dili- SEC. 1934. RELEASE OF EVIDENCE. port or disposal or treatment of a hazardous gent efforts to obtain insurance coverage (a) TIMELY ACCESS TO INFORMATION FUR- substance, pollutant, or contaminant; or from non-Federal sources to cover potential NISHED UNDER SECTION 104(e).—Section ‘‘(IV) transport a hazardous substance, pol- liabilities. 104(e)(7)(A) of the Comprehensive Environ- lutant, or contaminant. ‘‘(E) LIMITATIONS ON INDEMNIFICATION.—An mental Response, Compensation, and Liabil- ‘‘(iii) EXCEPTION.—This subparagraph does indemnification agreement provided under ity Act of 1980 (42 U.S.C. 9604(e)(7)(A)) is not apply to a person potentially responsible this subsection shall include deductibles and amended by inserting after ‘‘shall be avail- under section 106 or 107 other than a person shall place limits on the amount of indem- able to the public’’ the following: ‘‘not later associated solely with the provision of a re- nification made available in amounts deter- than 14 days after the records, reports, or in- sponse action or a service or equipment an- mined by the contracting agency to be ap- formation is obtained’’. (b) REQUIREMENT TO PROVIDE POTENTIALLY cillary to a response action.’’. propriate in light of the unique risk factors RESPONSIBLE PARTIES EVIDENCE OF LIABIL- (b) NATIONAL UNIFORM NEGLIGENCE STAND- associated with the cleanup activity.’’. ITY.— ARD.—Section 119(a) of the Comprehensive (e) INDEMNIFICATION FOR THREATENED RE- (1) ABATEMENT ACTIONS.—Section 106(a) of Environmental Response, Compensation, and LEASES.—Section 119(c)(5)(A) of the Com- the Comprehensive Environmental Response, Liability Act of 1980 (42 U.S.C. 9619(a)) is prehensive Environmental Response, Com- Compensation, and Liability Act of 1980 (42 amended— pensation, and Liability Act of 1980 (42 U.S.C. 9606(a)) is amended— (1) in paragraph (1) by striking ‘‘title or U.S.C. 9619(c)(5)(A)) is amended by inserting (A) by striking ‘‘(a) In addition’’ and in- under any other Federal law’’ and inserting ‘‘or threatened release’’ after ‘‘release’’ each serting the following: ‘‘(a) ORDER.—’’ ‘‘title or under any other Federal or State place it appears. (f) EXTENSION OF COVERAGE TO ALL RE- ‘‘(1) IN GENERAL.—In addition’’; and law’’; and SPONSE ACTIONS.—Section 119(e)(1) of the (B) by adding at the end the following: (2) in paragraph (2)— Comprehensive Environmental Response, ‘‘(2) CONTENTS OF ORDER.—An order under (A) by striking ‘‘(2) NEGLIGENCE, ETC.— Compensation, and Liability Act of 1980 (42 paragraph (1) shall provide information con- Paragraph (1)’’ and inserting the following: U.S.C. 9619(e)(1)) is amended— cerning the evidence that indicates that each ‘‘(2) NEGLIGENCE AND INTENTIONAL MIS- (1) in subparagraph (D), by striking ‘‘car- element of liability described in subpara- CONDUCT; APPLICATION OF STATE LAW.— rying out an agreement under section 106 or graphs (A) through (D) of section 107(a)(1), as ‘‘(A) NEGLIGENCE AND INTENTIONAL MIS- 122’’; and applicable, is present.’’. CONDUCT.— (2) in the matter following subparagraph (2) SETTLEMENTS.—Section 122(e)(1) of the ‘‘(i) IN GENERAL.—Paragraph (1)’’; and (D)— Comprehensive Environmental Response, (B) by adding at the end the following: (A) by striking ‘‘any remedial action under Compensation, and Liability Act of 1980 (42 ‘‘(ii) STANDARD.—Conduct under clause (i) this Act at a facility listed on the National U.S.C. 9622(e)(1)) is amended by inserting shall be evaluated based on the generally ac- Priorities List, or any removal under this after subparagraph (C) the following: cepted standards and practices in effect at Act,’’ and inserting ‘‘any response action,’’; ‘‘(D) For each potentially responsible the time and place at which the conduct oc- and party, the evidence that indicates that each curred. (B) by inserting before the period at the element of liability contained in subpara- ‘‘(iii) PLAN.—An activity performed in ac- end the following: ‘‘or to undertake appro- graphs (A) through (D) of section 107(a)(1), as cordance with a plan that was approved by priate action necessary to protect and re- applicable, is present.’’. the Administrator shall not be considered to store any natural resource damaged by the constitute negligence under clause (i). SEC. 1935. CONTRIBUTION PROTECTION. release or threatened release’’. Section 113(f)(2) of the Comprehensive En- ‘‘(B) APPLICATION OF STATE LAW.—Para- (g) DEFINITION OF RESPONSE ACTION CON- vironmental Response, Compensation, and graph (1) shall not apply in determining the TRACTOR.—Section 119(e)(2)(A)(i) of the Com- Liability Act of 1980 (42 U.S.C. 9613(f)(2)) is liability of a response action contractor prehensive Environmental Response, Com- amended in the first sentence by inserting under the law of a State if the State has pensation, and Liability Act of 1980 (42 ‘‘or cost recovery’’ after ‘‘contribution’’. adopted by statute a law determining the li- U.S.C. 9619(e)(2)(A)(i)) is amended— ability of a response action contractor.’’. SEC. 1936. TREATMENT OF RELIGIOUS, CHARI- (1) by striking ‘‘and’’ at the end; and TABLE, SCIENTIFIC, AND EDU- (c) EXTENSION OF INDEMNIFICATION AUTHOR- (2) by striking ‘‘and is carrying out such CATIONAL ORGANIZATIONS AS OWN- ITY.—Section 119(c)(1) of the Comprehensive contract’’ and inserting ‘‘covered by this sec- ERS OR OPERATORS. Environmental Response, Compensation, and tion and any person (including any subcon- (a) DEFINITION.—Section 101(20) of the Com- Liability Act of 1980 (42 U.S.C. 9619(c)(1)) is tractor) hired by a response action con- prehensive Environmental Response, Com- amended by adding at the end the following: tractor’’. pensation, and Liability Act of 1980 (42 ‘‘The agreement may apply to a claim for (h) NATIONAL UNIFORM STATUTE OF U.S.C. 9601(20)) (as amended by section negligence arising under Federal or State REPOSE.—Section 119 of the Comprehensive 1933(a)) is amended by adding at the end the law.’’. Environmental Response, Compensation, and following: (d) INDEMNIFICATION DETERMINATIONS.— Liability Act of 1980 (42 U.S.C. 9619) is ‘‘(I) RELIGIOUS, CHARITABLE, SCIENTIFIC, Section 119(c) of the Comprehensive Environ- amended by adding at the end the following: AND EDUCATIONAL ORGANIZATIONS.—The term mental Response, Compensation, and Liabil- ‘‘(h) LIMITATION ON ACTIONS AGAINST RE- ‘owner or operator’ includes an organization ity Act of 1980 (42 U.S.C. 9619(c)) is amended SPONSE ACTION CONTRACTORS.— described in section 501(c)(3) of the Internal by striking paragraph (4) and inserting the ‘‘(1) IN GENERAL.—No action may be Revenue Code of 1986 that is organized and following: brought as a result of the performance of operated exclusively for religious, chari- ‘‘(4) DECISION TO INDEMNIFY.— services under a response contract against a table, scientific, or educational purposes and ‘‘(A) IN GENERAL.—For each response ac- response action contractor after the date that holds legal or equitable title to a vessel tion contract for a vessel or facility, the Ad- that is 7 years after the date of completion or facility.’’. ministrator shall make a decision whether to of work at any facility under the contract to (b) LIMITATION ON LIABILITY.—Section 107 enter into an indemnification agreement recover— of the Comprehensive Environmental Re- with a response action contractor. ‘‘(A) injury to property, real or personal; sponse, Compensation, and Liability Act of

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00095 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.150 pfrm04 PsN: S23PT1 S3206 CONGRESSIONAL RECORD — SENATE April 23, 2002 1980 (42 U.S.C. 9607) is amended by adding at striking subsection (g) and inserting the fol- substitution of the transferee State for the the end the following: lowing: Administrator in the terms of the inter- ‘‘(s) RELIGIOUS, CHARITABLE, SCIENTIFIC, ‘‘(g) TRANSFER OF AUTHORITIES.— agency agreement, including terms stating AND EDUCATIONAL ORGANIZATIONS.— ‘‘(1) DEFINITIONS.—In this section: obligations intended to preserve the con- ‘‘(1) LIMITATION ON LIABILITY.—Subject to ‘‘(A) INTERAGENCY AGREEMENT.—The term fidentiality of information) without the paragraph (2), if an organization described in ‘interagency agreement’ means an inter- written consent of the Governor of the State section 101(20)(I) holds legal or equitable agency agreement under this section. and the head of the department, agency, or title to a vessel or facility as a result of a ‘‘(B) TRANSFER AGREEMENT.—The term instrumentality. charitable gift that is allowable as a deduc- ‘transfer agreement’ means a transfer agree- ‘‘(5) SELECTED REMEDIAL ACTION.—The re- tion under section 170, 2055, or 2522 of the In- ment under paragraph (3). medial action selected for a facility under ternal Revenue Code of 1986 (determined ‘‘(C) TRANSFEREE STATE.—The term ‘trans- section 132 by a transferee State shall con- without regard to dollar limitations), the li- feree State’ means a State to which authori- stitute the only remedial action required to ability of the organization shall be limited ties have been transferred under a transfer be conducted at the facility, and the trans- to the lesser of the fair market value of the agreement. feree State shall be precluded from enforcing vessel or facility or the actual proceeds of ‘‘(2) STATE APPLICATION FOR TRANSFER OF any other remedial action requirement under the sale of the vessel or facility received by AUTHORITIES.—A State may apply to the Ad- Federal or State law, except for— the organization. ministrator to exercise the authorities vest- ‘‘(A) any corrective action under the Solid ‘‘(2) CONDITIONS.—In order for an organiza- ed in the Administrator under this Act at Waste Disposal Act (42 U.S.C. 6901 et seq.) tion described in section 101(20)(I) to be eligi- any facility located in the State that is— that was initiated prior to the date of enact- ble for the limited liability described in ‘‘(A) owned or operated by any department, ment of this subsection; and paragraph (1), the organization shall— agency, or instrumentality of the United ‘‘(B) any remedial action in excess of reme- ‘‘(A) provide full cooperation, assistance, States (including the executive, legislative, dial action under section 132 that the State and vessel or facility access to persons au- and judicial branches of government); and selects in accordance with paragraph (10). thorized to conduct response actions at the ‘‘(B) listed on the National Priorities List. ‘‘(6) DEADLINE.— vessel or facility, including the cooperation ‘‘(3) TRANSFER OF AUTHORITIES.— ‘‘(A) IN GENERAL.—The Administrator shall and access necessary for the installation, ‘‘(A) DETERMINATIONS.—The Administrator make a determination on an application by a preservation of integrity, operation, and shall enter into a transfer agreement to State under paragraph (2) not later than 120 maintenance of any complete or partial re- transfer to a State the authorities described days after the date on which the Adminis- sponse action at the vessel or facility; in paragraph (2) if the Administrator deter- trator receives the application. ‘‘(B) provide full cooperation and assist- mines that— ‘‘(B) FAILURE TO ACT.—If the Administrator ance to the United States in identifying and ‘‘(i) the State has the ability to exercise does not issue a notice of approval or notice locating persons who recently owned, oper- such authorities in accordance with this Act, of disapproval of an application within the ated, or otherwise controlled activities at including adequate legal authority, financial time period stated in subparagraph (A), the the vessel or facility; and personnel resources, organization, and application shall be deemed to have been expertise; ‘‘(C) establish by a preponderance of the granted. ‘‘(ii) the State has demonstrated experi- evidence that all active disposal of haz- ‘‘(7) RESUBMISSION OF APPLICATION.— ence in exercising similar authorities; ardous substances at the vessel or facility ‘‘(A) IN GENERAL.—If the Administrator ‘‘(iii) the State has agreed to be bound by occurred before the organization acquired disapproves an application under paragraph all Federal requirements and standards the vessel or facility; and (1), the State may resubmit the application under section 132 governing the design and ‘‘(D) establish by a preponderance of the at any time after receiving the notice of dis- implementation of the facility evaluation, evidence that the organization did not cause approval. remedial action plan, and remedial design; or contribute to a release or threatened re- ‘‘(B) FAILURE TO ACT.—If the Administrator and does not issue a notice of approval or notice lease of hazardous substances at the vessel ‘‘(iv) the State has agreed to abide by the of disapproval of a resubmitted application or facility. terms of any interagency agreement or within the time period stated in paragraph ‘‘(3) LIMITATION.—Nothing in this sub- agreements covering the Federal facility or (6)(A), the resubmitted application shall be section affects the liability of a person other facilities with respect to which authorities deemed to have been granted. than a person described in section 101(20)(I) are being transferred in effect at the time of ‘‘(8) JUDICIAL REVIEW.—The State (but no that meets the conditions specified in para- the transfer of authorities. other person) shall be entitled to judicial re- graph (2).’’. ‘‘(B) CONTENTS OF TRANSFER AGREEMENT.— view under section 113(b) of a disapproval of SEC. 1937. COMMON CARRIERS. A transfer agreement— a resubmitted application. Section 107(b)(3) of the Comprehensive En- ‘‘(i) shall incorporate the determinations ‘‘(9) WITHDRAWAL OF AUTHORITIES.—The Ad- vironmental Response, Compensation, and of the Administrator under subparagraph ministrator may withdraw the authorities Liability Act of 1980 (42 U.S.C. 9607(b)(3)) is (A); transferred under a transfer agreement in amended by striking ‘‘a published tariff and ‘‘(ii) in the case of a transfer agreement whole or in part if the Administrator deter- acceptance’’ and inserting ‘‘a contract’’. covering a facility with respect to which mines that the State— SEC. 1938. LIMITATION ON LIABILITY OF RAIL- there is no interagency agreement that ‘‘(A) is exercising the authorities, in whole ROAD OWNERS. specifies a dispute resolution process, shall or in part, in a manner that is inconsistent Section 107 of the Comprehensive Environ- require that within 120 days after the effec- with the requirements of this Act; mental Response, Compensation, and Liabil- tive date of the transfer agreement, the ‘‘(B) has violated the transfer agreement, ity Act of 1980 (42 U.S.C. 9607) (as amended by State shall agree with the head of the Fed- in whole or in part; or section 1936(b)) is amended by adding at the eral department, agency, or instrumentality ‘‘(C) no longer meets one of the require- end the following: that owns or operates the facility on a proc- ments of paragraph (3). ‘‘(t) LIMITATION ON LIABILITY OF RAILROAD ess for resolution of any disputes between ‘‘(10) STATE COST RESPONSIBILITY.—The OWNERS.—Notwithstanding subsection (a)(1), the State and the Federal department, agen- State may require a remedial action that ex- a person that does not impede the perform- cy, or instrumentality regarding the selec- ceeds the remedial action selection require- ance of a response action or natural resource tion of a remedial action for the facility; and ments of section 121 if the State pays the in- restoration shall not be liable under this Act ‘‘(iii) shall not impose on the transferee cremental cost of implementing that reme- to the extent that liability is based solely on State any term or condition other than that dial action over the most cost-effective re- the status of the person as a railroad owner the State meet the requirements of subpara- medial action that would result from the ap- or operator of a spur track, including a spur graph (A). plication of section 132. track over land subject to an easement, to a ‘‘(4) EFFECT OF TRANSFER.— ‘‘(11) DISPUTE RESOLUTION AND ENFORCE- facility that is owned or operated by a per- ‘‘(A) STATE AUTHORITIES.—A transferee MENT.— son that is not affiliated with the railroad State— ‘‘(A) DISPUTE RESOLUTION.— owner or operator, if— ‘‘(i) shall not be deemed to be an agent of ‘‘(i) FACILITIES COVERED BY BOTH A TRANS- ‘‘(1) the spur track provides access to a the Administrator but shall exercise the au- FER AGREEMENT AND AN INTERAGENCY AGREE- main line or branch line track that is owned thorities transferred under a transfer agree- MENTS.—In the case of a facility with respect or operated by the railroad; ment in the name of the State; and to which there is both a transfer agreement ‘‘(2) the spur track is 10 miles long or less; ‘‘(ii) shall have exclusive authority to ex- and an interagency agreement, if the State and ercise authorities that have been trans- does not concur in the remedial action pro- ‘‘(3) the railroad owner or operator does ferred. posed for selection by the Federal depart- not cause or contribute to a release or ‘‘(B) EFFECT ON INTERAGENCY AGREE- ment, agency, or instrumentality, the Fed- threatened release at the spur track.’’. MENTS.—Nothing in this subsection shall re- eral department, agency, or instrumentality Subtitle E—Federal Facilities quire, authorize, or permit the modification and the State shall engage in the dispute res- SEC. 1951. TRANSFER OF AUTHORITIES. or revision of an interagency agreement cov- olution process provided for in the inter- Section 120 of the Comprehensive Environ- ering a facility with respect to which au- agency agreement, except that the final mental Response, Compensation, and Liabil- thorities have been transferred to a State level for resolution of the dispute shall be ity Act of 1980 (42 U.S.C. 9620) is amended by under a transfer agreement (except for the the head of the Federal department, agency,

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or instrumentality and the Governor of the ‘‘(k) CRIMINAL LIABILITY.—Notwith- for remedial activity, as authorized under State. standing any other provision of this Act or subsection (h).’’. ‘‘(ii) FACILITIES COVERED BY A TRANSFER any other law, an officer, employee, or agent Subtitle F—Natural Resource Damages AGREEMENT BUT NOT AN INTERAGENCY AGREE- of the United States shall not be held crimi- SEC. 1961. RESTORATION OF NATURAL RE- MENT.—In the case of a facility with respect nally liable for a failure to comply, in any SOURCES. to which there is a transfer agreement but fiscal year, with a requirement to take a re- Section 107(f) of the Comprehensive Envi- no interagency agreement, if the State does sponse action at a facility that is owned or ronmental Response, Compensation, and Li- not concur in the remedial action proposed operated by a department, agency, or instru- ability Act of 1980 (42 U.S.C. 9607(f)) is for selection by the Federal department, mentality of the United States, under this amended— agency, or instrumentality, the Federal de- Act, the Solid Waste Disposal Act (42 U.S.C. (1) by inserting ‘‘NATURAL RESOURCE DAM- partment, agency, or instrumentality and 6901 et seq.), or any other Federal or State AGES.—’’ after ‘‘(f)’’; the State shall engage in dispute resolution law unless— (2) by striking ‘‘(1) NATURAL RESOURCES LI- as provided in paragraph (3)(B)(ii) under ‘‘(1) the officer, employee, or agent has not ABILITY.—In the case’’ and inserting the fol- which the final level for resolution of the fully performed any direct responsibility or lowing: dispute shall be the head of the Federal de- delegated responsibility that the officer, em- ‘‘(1) LIABILITY.— partment, agency, or instrumentality and ployee, or agent had under Executive Order ‘‘(A) IN GENERAL.—In the case’’; and the Governor of the State. 12088 (42 U.S.C. 4321 note) or any other dele- (3) in paragraph (1)(A) (as designated by ‘‘(iii) FAILURE TO RESOLVE.—If no agree- gation of authority to ensure that a request paragraph (2))— ment is reached between the head of the Fed- for funds sufficient to take the response ac- (A) by inserting after the fourth sentence eral department, agency, or instrumentality tion was included in the President’s budget the following: ‘‘Sums recovered by an Indian and the Governor in a dispute resolution request under section 1105 of title 31, United tribe as trustee under this subsection shall process under clause (i) or (ii), the Gov- States Code, for that fiscal year; or be available for use only for restoration, re- ernor of the State shall make the final deter- ‘‘(2) appropriated funds were available to placement, or acquisition of the equivalent mination regarding selection of a remedial pay for the response action.’’. of such natural resources by the Indian tribe. action. To compel implementation of the se- A restoration, replacement, or acquisition lected remedy of the State, the State must SEC. 1953. INNOVATIVE TECHNOLOGIES FOR RE- MEDIAL ACTION AT FEDERAL FA- conducted by the United States, a State, or bring a civil action in United States district CILITIES. an Indian tribe shall proceed only if it is court. (a) IN GENERAL.—Section 311 of the Com- technologically feasible from an engineering ‘‘(B) ENFORCEMENT.— prehensive Environmental Response, Com- perspective at a reasonable cost and con- ‘‘(i) AUTHORITY; JURISDICTION.—An inter- pensation, and Liability Act of 1980 (42 sistent with all known or anticipated re- agency agreement with respect to which U.S.C. 9660) is amended by adding at the end sponse actions at or near the facility.’’; and there is a transfer agreement or an order the following: (B) by striking ‘‘The measure of damages issued by a transferee State shall be enforce- in any action’’ and all that follows through ‘‘(h) FEDERAL FACILITIES.— able by a transferee State or by the Federal the end of the paragraph and inserting the ‘‘(1) DESIGNATION.—The President may des- department, agency, or instrumentality that following: is a party to the interagency agreement only ignate a facility that is owned or operated by any department, agency, or instrumentality ‘‘(B) LIMITATIONS ON LIABILITY.— in the United States district court for the ‘‘(i) MEASURE OF DAMAGES.—The measure of the United States, and that is listed or district in which the facility is located. of damages in any action for damages for in- proposed for listing on the National Prior- ‘‘(ii) REMEDIES.—The district court shall— jury to, destruction of, or loss of natural re- ities List, to facilitate the research, develop- ‘‘(I) enforce compliance with any provi- sources shall be limited to— ment, and application of innovative tech- sion, standard, regulation, condition, re- ‘‘(I) the reasonable costs of restoration, re- nologies for remedial action at the facility. quirement, order, or final determination placement, or acquisition of the equivalent ‘‘(2) USE OF FACILITIES.— that has become effective under the inter- of natural resources that suffer injury, de- ‘‘(A) IN GENERAL.—A facility designated agency agreement; struction, or loss caused by a release; and under paragraph (1) shall be made available ‘‘(II) impose any appropriate civil penalty ‘‘(II) the reasonable costs of assessing dam- to Federal departments and agencies, State provided for any violation of an interagency ages. departments and agencies, and public and agreement, not to exceed $25,000 per day; ‘‘(ii) NONUSE VALUES.—There shall be no re- ‘‘(III) compel implementation of the se- private instrumentalities, to carry out ac- covery under this Act for any impairment of lected remedial action; and tivities described in paragraph (1). nonuse values. ‘‘(B) COORDINATION.—The Administrator— ‘‘(IV) review a challenge by the Federal de- ‘‘(iii) NO DOUBLE RECOVERY.—A person that partment, agency, or instrumentality to the ‘‘(i) shall coordinate the use of the facili- obtains a recovery of damages, response remedial action selected by the State under ties with the departments, agencies, and in- costs, assessment costs, or any other costs this section, in accordance with section strumentalities of the United States; and under this Act for the costs of restoring an 113(j). ‘‘(ii) may approve or deny the use of a par- injury to or destruction or loss of a natural ‘‘(12) COMMUNITY PARTICIPATION.—If, prior ticular innovative technology for remedial resource (including injury assessment costs) to the date of enactment of this section, a action at any such facility. shall not be entitled to recovery under this Federal department, agency, or instrumen- ‘‘(3) CONSIDERATIONS.— Act or any other Federal or State law for the tality had established for a facility covered ‘‘(A) EVALUATION OF SCHEDULES AND PEN- same injury to or destruction or loss of the by a transfer agreement a facility-specific ALTIES.—In considering whether to permit natural resource. the application of a particular innovative advisory board or other community-based ‘‘(iv) RESTRICTIONS ON RECOVERY.— technology for remedial action at a facility advisory group (designated as a ‘site-specific ‘‘(I) LIMITATION ON LOST USE DAMAGES.— advisory board’, a ‘restoration advisory designated under paragraph (1), the Adminis- There shall be no recovery from any person board’, or otherwise), and the Administrator trator shall evaluate the schedules and pen- under this section for the costs of a loss of determines that the board or group is willing alties applicable to the facility under any use of a natural resource for a natural re- and able to perform the responsibilities of a agreement or order entered into under sec- source injury, destruction, or loss that oc- community response organization under sec- tion 120. curred before December 11, 1980. ‘‘(B) AMENDMENT OF AGREEMENT OR tion 117(e)(2), the board or group— ‘‘(II) RESTORATION, REPLACEMENT, OR ACQUI- ORDER.—If, after an evaluation under sub- ‘‘(A) shall be considered to be a community SITION.—There shall be no recovery from any response organization for the purposes of— paragraph (A), the Administrator determines person under this section for the costs of res- ‘‘(i) paragraphs (2), (3), (4), and (9) of sec- that there is a need to amend any agreement toration, replacement, or acquisition of the tion 117(e); or order entered into pursuant to section 120, equivalent of a natural resource if the nat- ‘‘(ii) this subsection; the Administrator shall comply with all pro- ural resource injury, destruction, or loss for ‘‘(iii) section 130; and visions of the agreement or order, respec- which the restoration, replacement, or ac- ‘‘(iv) section 132; but tively, relating to the amendment of the quisition is sought and the release of the ‘‘(B) shall not be required to comply with, agreement or order.’’. hazardous substance from which the injury and shall not be considered to be a commu- (b) REPORT TO CONGRESS.—Section 311(e) of resulted occurred wholly before December 11, nity response organization for the purposes Comprehensive Environmental Response, 1980.’’. of— Compensation, and Liability Act of 1980 (42 SEC. 1962. ASSESSMENT OF INJURY TO AND RES- ‘‘(i) paragraph (1), (5), (6), (7), or (8) of sec- U.S.C. 9660(e)) is amended— TORATION OF NATURAL RE- tion 117(e); or (1) by striking ‘‘At the time’’ and inserting SOURCES. ‘‘(ii) subsection (f).’’. the following: (a) NATURAL RESOURCE INJURY AND RES- SEC. 1952. LIMITATION ON CRIMINAL LIABILITY ‘‘(1) IN GENERAL.—At the time’’; and TORATION ASSESSMENTS.—Section 107(f)(2) of OF FEDERAL OFFICERS, EMPLOY- (2) by adding at the end the following: the Comprehensive Environmental Response, EES, AND AGENTS. ‘‘(2) ADDITIONAL INFORMATION.—A report Compensation, and Liability Act of 1980 (42 Section 120 of the Comprehensive Environ- under paragraph (1) shall include informa- U.S.C. 9607(f)(2)) is amended by striking sub- mental Response, Compensation, and Liabil- tion on the use of facilities described in sub- paragraph (C) and inserting the following: ity Act of 1980 (42 U.S.C. 9620) is amended by section (h)(1) for the research, development, ‘‘(C) NATURAL RESOURCE INJURY AND RES- adding at the end the following: and application of innovative technologies TORATION ASSESSMENTS.—

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‘‘(i) REGULATION.—A natural resource in- ‘‘(A) specify protocols for conducting as- (3) by inserting after paragraph (10) the fol- jury and restoration assessment conducted sessments in individual cases to determine lowing: for the purposes of this Act made by a Fed- the injury, destruction, or loss of natural re- ‘‘(11) procedures for conducting response eral, State, or tribal trustee shall be per- sources; actions, including facility evaluations, reme- formed, to the extent practicable, in accord- ‘‘(B) identify the best available procedures dial investigations, feasibility studies, reme- ance with— to determine the reasonable costs of restora- dial action plans, remedial designs, and re- ‘‘(I) the regulation issued under section tion and assessment; medial actions, which procedures shall— 301(c); and ‘‘(C) take into consideration the ability of ‘‘(A) use a results-oriented approach to ‘‘(II) generally accepted scientific and a natural resource to recover naturally and minimize the time required to conduct re- technical standards and methodologies to en- the availability of replacement or alter- sponse measures and reduce the potential for sure the validity and reliability of assess- native resources; exposure to the hazardous substances, pol- ment results. ‘‘(D) provide for the designation of a single lutants, and contaminants in an efficient, ‘‘(ii) FACILITY-SPECIFIC CONDITIONS.—Injury lead Federal decisionmaking trustee for each timely, and cost-effective manner; assessment, restoration planning, and quan- facility at which an injury to natural re- ‘‘(B) require, at a minimum, expedited fa- tification of restoration costs shall, to the sources has occurred within 180 days after cility evaluations and risk assessments, extent practicable, be based on facility-spe- the date of first notice to the responsible timely negotiation of response action goals, cific information. parties that an assessment of injury and res- a single engineering study, streamlined over- ‘‘(iii) RECOVERABLE COSTS.—A claim by a toration alternatives will be made; and sight of response actions, and consultation trustee for assessment costs— ‘‘(E) set forth procedures under which— with interested parties throughout the re- ‘‘(I) may include only— ‘‘(i) all pending and potential trustees sponse action process; ‘‘(aa) costs that arise from work performed identify the injured natural resources within ‘‘(C) be subject to the requirements of sec- for the purpose of assessing injury to a nat- their respective trust responsibilities, and tions 117, 120, 121, and 132 in the same man- ural resource to support a claim for restora- the authority under which such responsibil- ner and to the same degree as those sections tion of the natural resource; and ities are established, as soon as practicable apply to response actions; and ‘‘(bb) costs that arise from developing and after the date on which a release occurs; ‘‘(D) be required to be used for each reme- evaluating a reasonable range of alternative ‘‘(ii) assessment of injury and restoration dial action conducted under this Act unless restoration measures; but alternatives will be coordinated to the great- the Administrator determines that their use ‘‘(II) may not include the costs of con- est extent practicable between the lead Fed- would not be cost-effective or result in the ducting any type of study relying on the use eral decisionmaking trustee and any present selection of a response action that achieves of contingent valuation methodology. or potential State or tribal trustees, as ap- the goals of protecting human health and the ‘‘(iv) PAYMENT PERIOD.—In a case in which plicable; and environment stated in section 121(a)(1)(B).’’. injury to or destruction or loss of a natural ‘‘(iii) time periods for payment of damages (b) AMENDMENT OF NATIONAL HAZARDOUS resource was caused by a release that oc- in accordance with section 107(f)(2)(C)(iv) SUBSTANCE RESPONSE PLAN.—Not later than curred over a period of years, payment of shall be determined. 180 days after the date of enactment of this damages shall be permitted to be made over ‘‘(3) DEADLINE FOR ISSUANCE OF REGULA- Act, the Administrator, after notice and op- a period of years that is appropriate in view TION; PERIODIC REVIEW.—The regulation portunity for public comment, shall amend of the period of time over which the damages under paragraph (1) shall be issued not later the National Hazardous Substance Response occurred, the amount of the damages, the fi- than 1 year after the date of enactment of Plan under section 105(a) of the Comprehen- nancial ability of the responsible party to the Energy Policy Act of 2002 and shall be re- sive Environmental Response, Compensa- pay the damages, and the time period over viewed and revised as appropriate every 5 tion, and Liability Act of 1980 (42 U.S.C. which and the pace at which expenditures years.’’. 9605(a)) to include the procedures required by the amendment made by subsection (a). are expected to be made for restoration, re- SEC. 1963. CONSISTENCY BETWEEN RESPONSE placement, and acquisition activities. ACTIONS AND RESOURCE RESTORA- SEC. 1972. NATIONAL PRIORITIES LIST. Section 105 of the Comprehensive Environ- ‘‘(v) TRUSTEE RESTORATION PLANS.— TION STANDARDS. mental Response, Compensation, and Liabil- ‘‘(I) ADMINISTRATIVE RECORD.—Partici- (a) RESTORATION STANDARDS AND ALTER- ity Act of 1980 (42 U.S.C. 9605) (as amended by pating natural resource trustees may des- NATIVES.—Section 107(f) of the Comprehen- section 1927(a)(2)) is amended by adding at ignate a lead administrative trustee or trust- sive Environmental Response, Compensa- the end the following: ees. The lead administrative trustee may es- tion, and Liability Act of 1980 (42 U.S.C. ‘‘(j) NATIONAL PRIORITIES LIST.— tablish an administrative record on which 9607(f)) is amended by adding at the end the ‘‘(1) LIMITATION.— the trustees will base the selection of a plan following: ‘‘(A) IN GENERAL.—After the date of the en- ‘‘(3) COMPATIBILITY WITH REMEDIAL AC- for restoration of a natural resource. The actment of this subsection, the President TION.—Both response actions and restoration restoration plan shall include a determina- may add vessels and facilities to the Na- tion of the nature and extent of the natural measures may be implemented at the same facility, or to address releases from the same tional Priorities List only in accordance resource injury. The administrative record with the following schedule: shall be made available to the public at or facility. Such response actions and restora- tion measures shall not be inconsistent with ‘‘(i) Not more than 30 vessels and facilities near the facility at which the release oc- in 2002. curred. one another and shall be implemented, to the extent practicable, in a coordinated and in- ‘‘(ii) Not more than 25 vessels and facilities ‘‘(II) PUBLIC PARTICIPATION.—The Adminis- in 2003. trator shall issue a regulation for the par- tegrated manner.’’. (b) CONSIDERATION OF NATURAL RESOURCES ‘‘(iii) Not more than 20 vessels and facili- ticipation of interested persons, including ties in 2004. potentially responsible parties, in the devel- IN RESPONSE ACTIONS.—Section 121(a) of the Comprehensive Environmental Response, ‘‘(iv) Not more than 15 vessels and facili- opment of the administrative record on ties in 2005. which the trustees will base selection of a Compensation, and Liability Act of 1980 (42 U.S.C. 9621(a)) (as amended by section 1922) is ‘‘(v) Not more than 10 vessels and facilities restoration plan and on which judicial re- in any year after 2005. view of restoration plans will be based. The amended by adding at the end the following: ‘‘(B) RELISTING.—The relisting of a vessel procedures for participation shall include, at ‘‘(6) COORDINATION.—In evaluating and se- lecting remedial actions, the Administrator or facility under section 129(d)(5)(C)(ii) shall a minimum, each of the requirements stated not be considered to be an addition to the in section 113(k)(2)(B).’’. shall take into account the potential for in- jury to a natural resource resulting from National Priorities List for purposes of this (b) REGULATIONS.—Section 301 of the Com- those actions.’’. subsection. prehensive Environmental Response, Com- ‘‘(2) PRIORITIZATION.—The Administrator SEC. 1964. CONTRIBUTION. pensation, and Liability Act of 1980 (42 shall prioritize the vessels and facilities Subparagraph (A) of section 113(f)(1) of the U.S.C. 9651) is amended by striking sub- added under paragraph (1) on a national basis Comprehensive Environmental Response, section (c) and inserting the following: in accordance with the threat to human Compensation, and Liability Act of 1980 (42 ‘‘(c) REGULATIONS FOR INJURY AND RES- health and the environment presented by U.S.C. 9613(f)(1)) is amended in the third sen- TORATION ASSESSMENTS.— each of the vessels and facilities, respec- tence by inserting ‘‘and natural resource ‘‘(1) IN GENERAL.—The President, acting tively. damages’’ after ‘‘costs’’. through Federal officials designated by the ‘‘(3) STATE CONCURRENCE.—A vessel or facil- National Contingency Plan under section Subtitle G—Miscellaneous ity may be added to the National Priorities 107(f)(2), shall issue a regulation for the as- SEC. 1971. RESULT-ORIENTED CLEANUPS. List under paragraph (1) only with the con- sessment of injury to natural resources and (a) AMENDMENT.—Section 105(a) of the currence of the Governor of the State in the costs of restoration of natural resources Comprehensive Environmental Response, which the vessel or facility is located.’’. (including the costs of assessment) for the Compensation, and Liability Act of 1980 (42 SEC. 1973. OBLIGATIONS FROM THE FUND FOR purposes of this Act and for determination of U.S.C. 9605(a)) is amended— RESPONSE ACTIONS. the time periods in which payment of dam- (1) by striking ‘‘and’’ at the end of para- Section 104(c)(1) of the Comprehensive En- ages will be required. graph (9); vironmental Response, Compensation, and ‘‘(2) CONTENTS.—The regulation under (2) by striking the period at the end of Liability Act of 1980 (42 U.S.C. 9604(c)(1)) is paragraph (1) shall— paragraph (10) and inserting ‘‘; and’’; and amended—

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.150 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3209 (1) in subparagraph (C), by striking ‘‘con- ‘‘(iv) For each of fiscal years 2006 and 2007, Department of Energy to enhance its sistent with the remedial action to be $43,000,000. mission areas through technology taken’’ and inserting ‘‘and not inconsistent ‘‘(B) FURTHER LIMITATION.—No more than transfer and partnerships for fiscal with any remedial action that has been se- 15 percent of those amounts shall be used for years 2002 through 2006, and for other lected or is anticipated at the time of any re- training under section 311(a) for any fiscal moval action at a facility,’’; year. purposes; which was ordered to lie on (2) by striking ‘‘$2,000,000’’ and inserting ‘‘(3) UNIVERSITY HAZARDOUS SUBSTANCE RE- the table; as follows: ‘‘$4,000,000’’; and SEARCH CENTERS.—For each of fiscal years In lieu of the matter proposed to be in- (3) by striking ‘‘12 months’’ and inserting 2003 through 2007, not more than $5,000,000 of serted, strike line 15 on page 204 and all that ‘‘2 years’’. the amounts available in the Fund may be follows through line 8 on page 205. Subtitle H—Funding used for the purposes of section 311(d).’’. SEC. 1981. AUTHORIZATION OF APPROPRIATIONS SEC. 1985. AUTHORIZATION OF APPROPRIATIONS SA 3311. Mrs. BOXER (for herself and FROM THE FUND. FROM GENERAL REVENUES. Mrs. FEINSTEIN) submitted an amend- Section 111(a) of the Comprehensive Envi- Section 111(p) of the Comprehensive Envi- ment intended to be proposed by her to ronmental Response, Compensation, and Li- ronmental Response, Compensation, and Li- ability Act of 1980 (42 U.S.C. 9611(p)) is the bill S. 517, to authorize funding the ability Act of 1980 (42 U.S.C. 9611(a)) is Department of Energy to enhance its amended in the first sentence by striking amended by striking paragraph (1) and in- serting the following: mission areas through technology ‘‘not more than $8,500,000,000 for the 5-year transfer and partnerships for fiscal period beginning on the date of enactment of ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— the Superfund Amendments and Reauthor- ‘‘(A) IN GENERAL.—There are authorized to years 2002 through 2006, and for other ization Act of 1986, and not more than be appropriated, out of any money in the purposes; which was ordered to lie on $5,100,000,000 for the period commencing Oc- Treasury not otherwise appropriated, to the the table; as follows: tober 1, 1991, and ending September 30, 1994’’ Hazardous Substance Superfund— In lieu of the matter proposed to be in- and inserting ‘‘a total of $8,500,000,000 for the ‘‘(i) for fiscal year 2003, $250,000,000; serted, insert the following: period of fiscal years 2003 through 2007’’. ‘‘(ii) for fiscal year 2004, $250,000,000; ‘‘(1) IN GENERAL.—Notwithstanding any ‘‘(iii) for fiscal year 2005, $250,000,000; SEC. 1982. ORPHAN SHARE FUNDING. other provision of federal or state law, a re- ‘‘(iv) for fiscal year 2006, $250,000,000; and Section 111(a) of the Comprehensive Envi- newable fuel, as defined by this Act, used or ‘‘(v) for fiscal year 2007, $250,000,000. ronmental Response, Compensation, and Li- intended to be used as a motor vehicle fuel, ‘‘(B) ADDITIONAL AMOUNTS.—There is au- ability Act of 1980 (42 U.S.C. 9611(a)), (as or any motor vehicle fuel containing such re- thorized to be appropriated to the Hazardous amended by section 1901(c)), is amended by newable fuel, shall be subject to liability Substance Superfund for each such fiscal inserting after paragraph (7) the following: standards no less protective of human year an amount, in addition to the amount ‘‘(8) ORPHAN SHARE FUNDING.—Payment of health, welfare and the environment than authorized by subparagraph (A), equal to so orphan shares under section 135.’’. any other motor vehicle fuel or fuel additive. much of the aggregate amount authorized to ‘‘(2) EFFECTIVE DATE.—This subsection SEC. 1983. DEPARTMENT OF HEALTH AND HUMAN be appropriated under this subsection and shall be effective one day after the enact- SERVICES. section 9507(b) of the Internal Revenue Code ment of this Act.’’. Section 111 of the Comprehensive Environ- of 1986 as has not been appropriated before mental Response, Compensation, and Liabil- the beginning of the fiscal year.’’. SA 3312. Mrs. BOXER (for herself and ity Act of 1980 (42 U.S.C. 9611) is amended by Mrs. FEINSTEIN) submitted an amend- striking subsection (m) and inserting the fol- SEC. 1986. ADDITIONAL LIMITATIONS. Section 111 of the Comprehensive Environ- lowing: ment intended to be proposed by her to mental Response, Compensation, and Liabil- ‘‘(m) HEALTH AUTHORITIES.— the bill S. 517, to authorize funding the ity Act of 1980 (42 U.S.C. 9611) is amended by ‘‘(1) IN GENERAL.—There are authorized to Department of Energy to enhance its be appropriated from the Fund to the Sec- adding at the end the following: mission areas through technology ‘‘(q) COMMUNITY RESPONSE ORGANIZATION.— retary of Health and Human Services to be For the period commencing January 1, 2003, transfer and partnerships for fiscal used for the purposes of carrying out the ac- and ending September 30, 2007, not more than years 2002 through 2006, and for other tivities described in subsection (c)(4) and the $15,000,000 of the amounts available in the purposes; which was ordered to lie on activities described in section 104(i), Fund may be used to make grants under sec- the table; as follows: $50,000,000 for each of fiscal years 2003 tion 117(f) (relating to Community Response through 2007. In lieu of the matter proposed to be strick- Organizations). en, insert the following: ‘‘(2) UNOBLIGATED FUNDS.—Funds appro- ‘‘(r) RECOVERIES.—Effective beginning Jan- ‘‘(e) RENEWABLE FUELS SAFE HARBOR.— priated under this subsection for a fiscal uary 1, 2003, any response cost recoveries col- Notwithstanding any other provision of fed- year, but not obligated by the end of the fis- lected by the United States under this Act eral or state law, a renewable fuel, as defined cal year, shall be returned to the Fund.’’. shall be credited as offsetting collections to by this Act, used or intended to be used as a SEC. 1984. LIMITATIONS ON RESEARCH, DEVEL- the Superfund appropriations account.’’. motor vehicle fuel, or any motor vehicle fuel OPMENT, AND DEMONSTRATION SEC. 1987. REIMBURSEMENT OF POTENTIALLY PROGRAMS. containing such renewable fuel, shall be sub- RESPONSIBLE PARTIES. Section 111 of the Comprehensive Environ- ject to liability standards no less protective Section 111(a) of the Comprehensive Envi- mental Response, Compensation, and Liabil- of human health, welfare and the environ- ronmental Response, Compensation, and Li- ity Act of 1980 (42 U.S.C. 9611) is amended by ment than any other motor vehicle fuel or ability Act of 1980 (42 U.S.C. 9611(a)) (as striking subsection (n) and inserting the fol- fuel additive.’’. amended by section 1982) is amended by in- lowing: serting after paragraph (8) the following: SA 3313. Mr. BINGAMAN submitted ‘‘(n) LIMITATIONS ON RESEARCH, DEVELOP- ‘‘(9) REIMBURSEMENT OF POTENTIALLY RE- MENT, AND DEMONSTRATION PROGRAMS.— an amendment intended to be proposed SPONSIBLE PARTIES.—If— ‘‘(1) ALTERNATIVE OR INNOVATIVE TECH- to amendment SA 3281 submitted by ‘‘(A) a potentially responsible party and NOLOGIES RESEARCH, DEVELOPMENT, AND DEM- Mr. SCHUMER and intended to be pro- the Administrator enter into a settlement ONSTRATION PROGRAMS.— posed to the amendment SA 2917 pro- under this Act under which the Adminis- ‘‘(A) LIMITATION.—For each of fiscal years trator is reimbursed for the response costs of posed by Mr. DASCHLE (for himself and 2003 through 2007, not more than $30,000,000 of the Administrator; and Mr. BINGAMAN) to the bill (S. 517) to au- the amounts available in the Fund may be ‘‘(B) the Administrator determines, thorize funding the Department of En- used for the purposes of carrying out the ap- through a Federal audit of response costs, ergy to enhance its mission areas plied research, development, and demonstra- that the costs for which the Administrator is tion program for alternative or innovative through technology transfer and part- reimbursed— technologies and training program author- nerships for fiscal years 2002 through ‘‘(i) are unallowable due to contractor ized under section 311(b) other than basic re- 2006, and for other purposes; which was fraud; search. ordered to lie on the table; as follows: ‘‘(ii) are unallowable under the Federal Ac- ‘‘(B) CONTINUING AVAILABILITY.—Amounts quisition Regulation; or In lieu of the matter proposed to be in- described in subparagraph (A) shall remain ‘‘(iii) should be adjusted due to routine serted, insert the following: available until expended. contract and Environmental Protection SEC. . AUTHORITY TO CARRY FIREARMS AND ‘‘(2) HAZARDOUS SUBSTANCE RESEARCH, DEM- Agency response cost audit procedures, MAKE ARRESTS. ONSTRATION, AND TRAINING.— Section 161 k. of the Atomic Energy Act of ‘‘(A) LIMITATION.—From the amounts a potentially responsible party may be reim- 1954 (42 U.S.C. 2201(k)) is amended to read as available in the Fund, not more than the fol- bursed for those costs.’’. follows: lowing amounts may be used for the pur- ‘‘k. (1) authorize such of its members, offi- poses of section 311(a): SA 3310. Mrs. BOXER (for herself and cers, and employees as it deems necessary in ‘‘(i) For fiscal year 2003, $37,000,000. Mrs. FEINSTEIN) submitted an amend- the interest of the common defense and secu- ‘‘(ii) For fiscal year 2004, $39,000,000. ment intended to be proposed by her to rity to carry firearms while in the discharge ‘‘(iii) For fiscal year 2005, $41,000,000. the bill S. 517, to authorize funding the of their official duties;

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00099 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.150 pfrm04 PsN: S23PT1 S3210 CONGRESSIONAL RECORD — SENATE April 23, 2002 ‘‘(2) authorize— cate holder that are designated by the Com- ‘‘(2) authorize— ‘‘(A) such of those employees of its con- mission pursuant to this subsection, and ‘‘(A) such of those employees of its con- tractors and subcontractors (at any tier) en- property of significance to the common de- tractors and subcontractors (at any tier) en- gaged in the protection of property under the fense and security that is in the custody of a gaged in the protection of property under the jurisdiction of the United States located at licensee or certificate holder or a contractor jurisdiction of the United States located at facilities owned by or contracted to the of a licensee or certificate holder of the Com- facilities owned by or contracted to the United States or being transported to or mission; or United States or being transported to or from such facilities as it deems necessary in ‘‘(C) any provision of this chapter that from such facilities as it deems necessary in the interests of the common defense and se- may subject an offender to a fine, imprison- the interests of the common defense and se- curity; and ment, or both. curity; and ‘‘(B) such of those employees of persons li- ‘‘(5) The arrest authority conferred by this ‘‘(B) such of those employees of persons li- censed or certified by the Nuclear Regu- subsection is in addition to any arrest au- censed or certified by the Nuclear Regu- latory Commission (including employees of thority under other laws. The Secretary and latory Commission (including employees of contractors or licensees or certificate hold- the Nuclear Regulatory Commission, with contractors or licensees or certificate hold- ers) engaged in the protection of (i) facilities the approval of the Attorney General, shall ers) engaged in the protection of (i) facilities owned or operated by a Commission licensee issue guidelines to implement this sub- owned or operated by a Commission licensee or certificate holder that are designated by section;’’. the Commission, or (ii) property of signifi- or certificate holder that are designated by SEC. . UNAUTHORIZED INTRODUCTION OF DAN- the Commission, or (ii) property of signifi- cance to the common defense and security GEROUS WEAPONS. cance to the common defense and security located at facilities or operated by a Com- Section 229 a. of the Atomic Energy Act of located at facilities owned or operated by a mission licensee or certificate holder or 1954 (42 U.S.C. 2278a(a)) is amended by insert- Commission licensee or certificate holder or being transported to or from such facilities— ing before the period at the end of the first being transported to or from such facilities— to carry firearms while in the discharge of sentence the following: ‘‘or subject to the li- their official duties. censing authority of the Commission or to to carry firearms while in the discharge of ‘‘(3) authorize employees of persons li- certification by the Commission under this their official duties. censed or certified by the Nuclear Regu- Act or any other Act’’. ‘‘(3) authorize employees of persons li- latory Commission (including employees of SEC. . SABOTAGE OF NUCLEAR FACILITIES OR censed or certified by the Nuclear Regu- contractors of licensees or certificate hold- FUEL. latory Commission (including employees of ers) who are trained and qualified as guards Section 236 a. of the Atomic Energy Act of contractors of licensees or certificate hold- and whose duty is the protection of facilities 1954 (42 U.S.C. 2284(a)) is amended to read as ers) who are trained and qualified as guards designated under paragraph (2)(B)(i) or prop- follows: and whose duty is the protection of facilities erty described in paragraph (2)(B)(ii) to carry ‘‘a. Any person who intentionally and will- designated under paragraph (2)(B)(i) or prop- and use, where necessary to the discharge of fully destroys or causes physical damage to, erty described in paragraph (2)(B)(ii) to carry their official duties, such weapons, devices, or who attempts or conspires to destroy or and use, where necessary to the discharge of or ammunition as the Commission may re- cause physical damage to— their official duties, such weapons, devices, quire. Such employees shall have the power ‘‘(1) any production facility or utilization or ammunition as the Commission may re- to carry and use such weapons while in the facility licensed under this Act; quire. Such employees shall have the power discharge of their official duties, regardless ‘‘(2) any nuclear waste storage, treatment, to carry and use such weapons while in the of whether such employees have been des- or disposal facility licensed under this Act; discharge of their official duties, regardless ignated as Federal, State, or local law en- ‘‘(3) any nuclear fuel for a utilization facil- of whether such employees have been des- forcement officers. Such employees shall ity licensed under this act, or any spent nu- ignated as Federal, State, or local law en- have such law enforcement powers as are clear fuel from such a facility; forcement officers. Such employees shall ‘‘(4) any uranium enrichment or nuclear provided to them under this section and sec- have such law enforcement powers as are fuel fabrication facility licensed or certified tion 161 i. of this Act. The Nuclear Regu- provided to them under this section and sec- latory Commission shall issue guidelines, by the Nuclear Regulatory Commission; or ‘‘(5) any production, utilization, waste tion 161 i. of this Act. The Nuclear Regu- with the approval of the Attorney General, latory Commission shall issue guidelines, to implement this paragraph. The authority storage, waste treatment, waste disposal, uranium enrichment, or nuclear fabrication with the approval of the Attorney General, conferred by this paragraph with respect to to implement this paragraph. The authority employees of persons licensed or certified by facility subject to licensing or certification under this Act during its construction where conferred by this paragraph with respect to the Nuclear Regulatory Commission (includ- employees of persons licensed or certified by ing employees of contractors of licensees or the destruction or damage caused or at- tempted to be caused could affect public the Nuclear Regulatory Commission (includ- certificate holders) who are trained and ing employees of contractors of licensees or qualified as guards and whose duty is the health and safety during the operation of the facility— certificate holders) who are trained and protection of facilities designated under qualified as guards and whose duty is the paragraph (2)(B)(i) or property described shall be fined not more than $10,000 or im- protection of facilities designated under under paragraph (2)(B)(ii) shall not be imple- prisoned for not more than 20 years or both, paragraph (2)(B)(i) or property described mented until such guidelines have become or shall be imprisoned for any term of years under paragraph (2)(B)(ii) shall not be imple- effective. or for life if death results to any person.’’. mented until such guidelines have become ‘‘(4) A person authorized to carry firearms effective. under this subsection may, while in the per- SA 3314. Mr. BINGAMAN submitted formance of, and in connection with, official an amendment intended to be proposed ‘‘(4) A person authorized to carry firearms duties, make arrests without a warrant for under this subsection may, while in the per- to amendment SA 3203 submitted by formance of, and in connection with, official any offense against the United States com- Mr. JEFFORDS for himself and Mr. mitted in that person’s presence or for any duties, make arrests without a warrant for SMITH of New Hampshire) and intended felony cognizable under the laws of the any offense against the United States com- United States if that person has reasonable to be proposed to the amendment SA mitted in that person’s presence or for any grounds to believe that the individual to be 2917 proposed by Mr. DASCHLE (for him- felony cognizable under the laws of the arrested has committed or is committing self and Mr. BINGAMAN) to the bill (S. United States if that person has reasonable such felony. An employee of a contractor or 517) to authorize funding the Depart- grounds to believe that the individual to be subcontractor or of a Commission licensee or ment of Energy to enhance its mission arrested has committed or is committing such felony. An employee of a contractor or certificate holder (or a contractor of a li- areas through technology transfer and censee or certificate holder) authorized to subcontractors or of a Commission licensee partnerships for fiscal years 2002 or certificate holder (or a contractor of a li- carry firearms under this subsection may through 2006, and for other purposes, make such arrests only when the individual censee or certificate holder) authorized to to be arrested is within, or in direct flight which was ordered to lie on the table; carry firearms under this subsection may from, the area of such offense. A person as follows: make such arrests only when the individual granted authority to make arrests by this In lieu of the matter proposed to be in- to be arrested is within, or in direct flight subsection may exercise that authority only serted, insert the following: from, the area of such offense. A person in the enforcement of— SEC. 510. AUTHORITY TO CARRY FIREARMS AND granted authority to make arrests by this ‘‘(A) laws regarding the property of the MAKE ARRESTS. subsection may exercise that authority only United States in the custody of the Depart- Section 161 k. of the Atomic Energy Act of in the enforcement of— ment of Energy, the Nuclear Regulatory 1954 (42 U.S.C. 2201(k)) is amended to read as ‘‘(A) laws regarding the property of the Commission, or a contractor of the Depart- follows: United States in the custody of the Depart- ment of Energy or Nuclear Regulatory Com- ‘‘k. (1) authorize such of its members, offi- ment of Energy, the Nuclear Regulatory mission, or a licensee or certificate holder of cers, and employees as it deems necessary in Commission, or a contractor of the Depart- the Commission; the interest of the common defense and secu- ment of Energy or Nuclear Regulatory Com- ‘‘(B) laws applicable to facilities owned or rity to carry firearms while in the discharge mission, or a licensee or certificate holder of operated by a Commission licensee or certifi- of their official duties; the Commission;

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00100 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.131 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3211 ‘‘(B) laws applicable to facilities owned or dertake a review of: (1) options for a process to amendment SA 3140 submitted by operated by a Commission licensee or certifi- whereby license applicants and third parties Mr. NELSON of Nebraska and intended cate holder that are designated by the Com- to a relicensing proceeding being undertaken to be proposed to the amendment SA mission pursuant to this subsection, and pursuant to Part I of the Federal Power Act 2917 proposed by Mr. DASCHLE (for him- property of significance to the common de- could propose alternative mandatory condi- fense and security that is in the custody of a tions and alternative mandatory fishway self and Mr. BINGAMAN) to the bill (S. licensee or certificate holder or a contractor prescriptions to be included in the license in 517) to authorize funding the Depart- of a licensee or certificate holder of the Com- lieu of conditions and prescriptions initially ment of Energy to enhance its mission mission; or deemed necessary or required pursuant to areas through technology transfer and ‘‘(C) any provision of this chapter that section 4(e) and section 18, respectively, of partnerships for fiscal years 2002 may subject an offender to a fine, imprison- the Federal Power Act; (2) the standards through 2006, and for other purposes; ment, or both. which should be applicable in evaluating and which was ordered to lie on the table; ‘‘(5) The arrest authority conferred by this accepting such conditions and prescriptions; as follows: subsection is in addition to any arrest au- (3) the nature of participation of parties In lieu of the matter proposed to be in- thority under other laws. The Secretary and other than the license applicants in such a serted, insert the following: the Nuclear Regulatory Commission, with process; (4) the advantages and disadvan- the approval of the Attorney General, shall tages of providing for such a process, includ- TITLE III—HYDROELECTRIC ENERGY issue guidelines to implement this sub- ing the impact of such a process on the SEC. 301. ALTERNATIVE MANDATORY CONDI- section;’’. length of time needed to complete the reli- TIONS. SEC. 510A. UNAUTHORIZED INTRODUCTION OF censing proceedings and the potential eco- (a) REVIEW OF ALTERNATIVE MANDATORY DANGEROUS WEAPONS. nomic and operational improvement benefits CONDITIONS.—The Federal Energy Regu- Section 229 a. of the Atomic Energy Act of of providing for such a process; and (5) the latory Commission, the Secretary of the In- 1954 (42 U.S.C. 2278a(a)) is amended by insert- level of interest among parties to relicensing terior, the Secretary of Commerce, and the ing before the period at the end of the first proceedings in proposing such alternative Secretary of Agriculture, in consultation sentence the following: ‘‘or subject to the li- conditions and prescriptions and partici- with the affected states and tribes, shall un- censing authority of the Commission or to pating in such a process. dertake a review of: (1) options for a process whereby license applicants and third parties certification by the Commission under this (b) REPORT.—Within twelve months after Act or any other Act’’. the date of enactment of this Act, the Fed- to a relicensing proceeding being undertaken eral Energy Regulatory Commission and the pursuant to Part I of the Federal Power Act SEC. 510B. SABOTAGE OF NUCLEAR FACILITIES could propose alternative mandatory condi- OR FUEL. Secretaries of the Interior, Commerce, and tions and alternative mandatory fishway Section 236 a. of the Atomic Energy Act of Agriculture, shall jointly submit a report to prescriptions to be included in the license in 1954 (42 U.S.C. 2284(a)) is amended to read as the Committee on Energy and Natural Re- lieu of conditions and prescriptions initially follows: sources of the Senate and the appropriate deemed necessary or required pursuant to ‘‘a. Any person who intentionally and will- committees of the House of Representatives section 4(c) and section 18, respectively, of fully destroys or causes physical damage to, addressing the issues specified in subsection the Federal Power Act; (2) the standards or who attempts or conspires to destroy or (a) of this section. The report shall contain which should be applicable in evaluating and cause physical damage to— any legislative or administrative rec- accepting such conditions and prescriptions; ‘‘(1) any production facility or utilization ommendations relating to implementation of (3) the nature of participation of parties facility licensed under this Act; the process described in subsection (a). other than the license applicants in such a ‘‘(2) any nuclear waste storage, treatment, SEC. 302. STREAMLINING HYDROELECTRIC RELI- process; (4) the advantages and disadvan- or disposal facility licensed under this Act; CENSING PROCEDURES tages of providing for such a process, includ- ‘‘(3) any nuclear fuel for a utilization facil- (a) REVIEW OF LICENSING PROCESS.—The ing the impact of such a process on the ity licensed under this act, or any spent nu- Federal Energy Regulatory Commission, the length of time needed to complete the reli- clear fuel from such a facility; Secretary of the Interior, the Secretary of censing proceedings and the potential eco- ‘‘(4) any uranium enrichment or nuclear Commerce, and the Secretary of Agriculture, nomic and operational improvement benefits fuel fabrication facility licensed or certified in consultation with the affected states and of providing for such a process; and (5) the by the Nuclear Regulatory Commission; or tribes, shall undertake a review of the proc- level of interest among parties to relicensing ‘‘(5) any production, utilization, waste ess for issuance of a license under section proceedings in proposing such alternative storage, waste treatment, waste disposal, Part I of the Federal Power Act in order to: conditions and prescriptions and partici- uranium enrichment, or nuclear fabrication (1) improve coordination of their respective pating in such a process. facility subject to licensing or certification responsibilities; (2) coordinate the schedule (b) REPORT.—Within twelve months after under this Act during its construction where for all major actions by the applicant, the the date of enactment of this Act, the Fed- the destruction or damage caused or at- Commission, affected Federal and State eral Energy Regulatory Commission and the tempted to be caused could affect public agencies, Indian Tribes, and other affected Secretaries of the Interior, Commerce, and health and safety during the operation of the parties; (3) ensure resolution at an early Agriculture, shall jointly submit a report to facility— stage of the process of the scope and type of the Committee on Energy and Natural Re- shall be fined not more than $10,000 or im- reasonable and necessary information, stud- sources of the Senate and the appropriate prisoned for not more than 20 years or both, ies, data, and analysis to be provided by the committees of the House of Representatives or shall be imprisoned for any term of years license applicant; (4) facilitate coordination addressing the issues specified in subsection or for life if death results to any person.’’. between the Commission and the resource (a) of this section. The report shall contain agencies of analysis under the National En- any legislative or administrative rec- SA 3315. Mr. BINGAMAN submitted vironmental Policy Act; and (5) provide for ommendations relating to implementation of an amendment intended to be proposed streamlined procedures. the process described in subsection (a). to amendment SA 3275 submitted by (b) REPORT.—Within twelve months after SEC. 302. STREAMLINING HYDROELECTRIC RELI- Ms. CANTWELL and intended to be pro- the date of enactment of this Act, the Fed- CENSING PROCEDURES. posed to the amendment SA 2917 pro- eral Energy Regulatory Commission and the (a) REVIEW OF LICENSING PROCESS.—The Secretaries of the Interior, Commerce, and Federal Energy Regulatory Commission, the posed by Mr. DASCHLE (for himself and Agriculture, shall jointly submit a report to Secretary of the Interior, the Secretary of Mr. BINGAMAN) to the bill (S. 517) to au- the Committee on Energy and Natural Re- Commerce, and the Secretary of Agriculture, thorize funding the Department of En- sources of the Senate and the appropriate in consultation with the affected states and ergy to enhance its mission areas committees of the House of Representatives tribes, shall undertake a review of the proc- through technology transfer and part- addressing the issues specified in subsection ess for issuance of a license under section nerships for fiscal years 2002 through (a) of this section and reviewing the respon- Part I of the Federal Power Act in order to: 2006, and for other purposes; which was sibilities and procedures of each agency in- (1) improve coordination of their respective ordered to lie on the table; as follows: volved in the licensing process. The report responsibilities; (2) coordinate the schedule shall contain any legislative or administra- for all major actions by the applicant, the In lieu of the matter proposed to be in- tive recommendations to improve coordina- Commission, affected Federal and State serted, insert the following: tion and streamline procedures for the agencies, Indian Tribes, and other affected TITLE III—HYDROELECTRIC ENERGY issuance of licenses under Part I of the Fed- parties; (3) ensure resolution at an early SEC. 301. ALTERNATIVE MANDATORY CONDI- eral Power Act. The Commission and each stage of the process of the scope and type of TIONS Secretary shall set forth a plan and schedule reasonable and necessary information, stud- (a) REVIEW OF ALTERNATIVE MANDATORY to implement any administrative rec- ies, data, and analysis to be provided by the CONDITIONS.—The Federal Energy Regu- ommendations contained in the report, license applicant; (4) facilitate coordination latory Commission, the Secretary of the In- which shall also be contained in the report. between the Commission and the resource terior, the Secretary of Commerce, and the agencies of analysis under the National En- Secretary of Agriculture, in consultation SA 3316. Mr. BINGAMAN submitted vironmental Policy Act; and (5) provide for with the affected states and tribes, shall un- an amendment intended to be proposed streamlined procedures.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.134 pfrm04 PsN: S23PT1 S3212 CONGRESSIONAL RECORD — SENATE April 23, 2002

(b) REPORT.—Within twelve months after (1) Section 4611(b) is amended— trolled directly or indirectly by the same in- the date of enactment of this Act, the Fed- (A) by striking ‘‘or exported from’’ in para- terests (within the meaning of section 482) as eral Energy Regulatory Commission and the graph (1)(A), the person making the premium payment.’’ Secretaries of the Interior, Commerce, and (B) by striking ‘‘or exportation’’ in para- (c) TECHNICAL AMENDMENT.—Subparagraph Agriculture, shall jointly submit a report to graph (1)(B), and (A) of section 832(b)(5) is amended by insert- the Commission on Energy and Natural Re- (C) by striking ‘‘AND EXPORTATION’’ in the ing after clause (iii) the following new sources of the Senate and the appropriate heading. clause: committees of the House of Representatives (2) Section 4611(d)(3) is amended— ‘‘(iv) To the results so obtained, add rein- addressing the issues specified in subsection (A) by striking ‘‘or exporting the crude oil, surance recovered from a related reinsurer to (a) of this section and reviewing the respon- as the case may be’’ in the text and inserting the extent a deduction for the premium paid sibilities and procedures of each agency in- ‘‘the crude oil’’, and for the reinsurance was disallowed under volved in the licensing process. The report (B) by striking ‘‘OR EXPORTS’’ in the head- paragraph (9).’’ ing. shall contain any legislative or administra- (d) EFFECTIVE DATE.—The amendments (d) EFFECTIVE DATES.— tive recommendations to improve coordina- made by this section shall apply to pre- tion and streamline procedures for the (1) EXCISE TAXES.—The amendments made by subsections (a) and (c) shall take effect on miums paid after the date that the Com- issuance of licenses under Part I of the Fed- mittee on Ways and Means of the House of eral Power Act. The Commission and each the date of the enactment of this Act. (2) INCOME TAX.—The amendment made by Representatives or the Committee on Fi- Secretary shall set forth a plan and schedule nance of the Senate votes to report this bill. to implement any administrative rec- subsection (b) shall apply to taxable years ommendations contained in the report, beginning after the date of the enactment of Subtitle C—Corporate Inversion Limitations this Act. which shall also be contained in the report. SEC. ll21. PREVENTION OF CORPORATE EXPA- Subtitle B—Reinsurance Inversion TRIATION TO AVOID UNITED STATES SA 3317. Mr. TORRICELLI (for him- Limitations INCOME TAX. self and Mr. GRAHAM) submitted an SEC. ll11. PREVENTION OF EVASION OF UNITED (a) IN GENERAL.—Paragraph (4) of section amendment intended to be proposed to STATES INCOME TAX ON NONLIFE 7701(a) (defining domestic) is amended to INSURANCE COMPANIES THROUGH amendment SA 3286 proposed by Mr. USE OF REINSURANCE WITH FOR- read as follows: BAUCUS (for himself, Mr. GRASSLEY, EIGN PERSONS. ‘‘(4) DOMESTIC.— Mr. ROCKEFELLER, Mr. HATCH, Mr. (a) IN GENERAL.—Subparagraph (A) of sec- ‘‘(A) IN GENERAL.—Except as provided in subparagraph (B), the term ‘domestic’ when THOMAS, Mr. HAGEL, and Mrs. tion 832(b)(4) (relating to insurance company applied to a corporation or partnership CARNAHAN) to the amendment SA 2917 taxable income) is amended to read as fol- lows: means created or organized in the United proposed by Mr. DASCHLE (for himself ‘‘(A) From the amount of gross premiums States or under the law of the United States and Mr. BINGAMAN) to the bill (S. 517) written on insurance contracts during the or of any State unless, in the case of a part- to authorize funding the Department of taxable year, deduct return premiums and nership, the Secretary provides otherwise by Energy to enhance its mission areas premiums paid for reinsurance (except as regulations. through technology transfer and part- provided in paragraph (9)).’’ ‘‘(B) CERTAIN CORPORATIONS TREATED AS DO- nerships for fiscal year 2002 through (b) TREATMENT OF REINSURANCE WITH RE- MESTIC.— 2006, and for other purposes; which was LATED REINSURERS.—Subsection (b) of sec- ‘‘(i) IN GENERAL.—The acquiring corpora- tion 832 is amended by adding at the end the tion in a corporate expatriation transaction ordered to lie on the table; as follows: following new paragraph: shall be treated as a domestic corporation. At the appropriate place, insert the fol- ‘‘(9) DENIAL OF DEDUCTION UNDER PARA- ‘‘(ii) CORPORATE EXPATRIATION TRANS- lowing: GRAPH (4) FOR REINSURANCE OF U.S. RISKS WITH ACTION.—For purposes of this subparagraph, TITLE ll—ENVIRONMENTAL CLEANUP CERTAIN RELATED PERSONS.— the term ‘corporate expatriation trans- FINANCING AND REINSURANCE AND ‘‘(A) IN GENERAL.—No deduction shall be action’ means any transaction if— CORPORATE INVERSION LIMITATIONS allowed under paragraph (4) for premiums ‘‘(I) a nominally foreign corporation (re- Subtitle A—Environmental Cleanup paid for the direct or indirect reinsurance of ferred to in this subparagraph as the ‘acquir- Financing United States risks with a related reinsurer. ing corporation’) acquires, as a result of such ‘‘(B) EXCEPTIONS.—This paragraph shall transaction, directly or indirectly substan- SEC. ll01. EXTENSION OF SUPERFUND, OIL SPILL LIABILITY, AND LEAKING UN- not apply to any premium to the extent tially all of the properties held directly or DERGROUND STORAGE TANK TAXES. that— indirectly by a domestic corporation, and (a) EXCISE TAXES.— ‘‘(i) the income attributable to the reinsur- ‘‘(II) immediately after the transaction, (1) SUPERFUND TAXES.—Section 4611(e) is ance to which such premium relates is in- more than 80 percent of the stock (by vote or amended to read as follows: cludible in the gross income of— value) of the acquiring corporation is held by ‘‘(e) APPLICATION OF HAZARDOUS SUBSTANCE ‘‘(I) such reinsurer, or former shareholders of the domestic corpora- SUPERFUND FINANCING RATE.—The Hazardous ‘‘(II) 1 or more domestic corporations or tion by reason of holding stock in the domes- Substance Superfund financing rate under citizens or residents of the United States, or tic corporation. this section shall apply after December 31, ‘‘(ii) the related insurer establishes to the ‘‘(iii) LOWER STOCK OWNERSHIP REQUIRE- 1986, and before January 1, 1996, and after the satisfaction of the Secretary that the tax- MENT IN CERTAIN CASES.—Subclause (II) of date of the enactment of the Energy Policy able income (determined in accordance with clause (ii) shall be applied by substituting ‘50 Act of 2002 and before October 1, 2007.’’. this section 832) attributable to such reinsur- percent’ for ‘80 percent’ with respect to any (2) OIL SPILL LIABILITY TAX.—Section 4611(f) ance is subject to an effective rate of income nominally foreign corporation if— is amended to read as follows: tax imposed by a foreign country at a rate ‘‘(I) such corporation does not have sub- ‘‘(f) APPLICATION OF OIL SPILL LIABILITY greater than 20 percent of the maximum rate stantial business activities (when compared TRUST FUND FINANCING RATE.—The Oil Spill of tax specified in section 11. to the total business activities of the ex- Liability Trust Fund financing rate under ‘‘(C) ELECTION BY REINSURER TO BE TAXED panded affiliated group) in the foreign coun- subsection (c) shall apply after December 31, ON INCOME.—Income of a related reinsurer at- try in which or under the law of which the 1989, and before January 1, 1995, and after the tributable to the reinsurance of United corporation is created or organized, and date of the enactment of the Energy Policy States risks which is not otherwise includ- ‘‘(II) the stock of the corporation is pub- Act of 2002 and before October 1, 2007.’’. ible in gross income shall be treated as gross licly traded and the principal market for the (3) LEAKING UNDERGROUND STORAGE TANK income which is effectively connected with public trading of such stock is in the United RATE.—Section 4081(d)(3) is amended by the conduct of a trade or business in the States. striking ‘‘April 1, 2005’’ and inserting ‘‘Octo- United States if such reinsurer— ‘‘(iv) PARTNERSHIP TRANSACTIONS.—The ber 1, 2007.’’. ‘‘(i) elects to so treat such income, and term ‘corporate expatriation transaction’ in- (b) CORPORATE ENVIRONMENTAL INCOME ‘‘(ii) meets such requirements as the Sec- cludes any transaction if— TAX.—Section 59A is amended— retary shall prescribe to ensure that the ‘‘(I) a nominally foreign corporation (re- (1) by striking ‘‘0.12 percent’’ in subsection taxes imposed by this chapter on such in- ferred to in this subparagraph as the ‘acquir- (a) and inserting ‘‘0.06 percent’’, and come are paid. ing corporation’) acquires, as a result of such (2) by striking subsection (e) and inserting ‘‘(D) DEFINITIONS.—For purposes of this transaction, directly or indirectly properties the following: paragraph— constituting a trade or business of a domes- ‘‘(e) APPLICATION OF TAX.—The tax imposed ‘‘(i) UNITED STATES RISK.—The term tic partnership, by this section shall apply to taxable years ‘United States risk’ means any risk related ‘‘(II) immediately after the transaction, beginning after December 31, 1986, and before to property in the United States, or liability more than 80 percent of the stock (by vote or January 1, 1996, and to taxable years begin- arising out of activity in, or in connection value) of the acquiring corporation is held by ning after the date of the enactment of the with the lives or health of residents of, the former partners of the domestic partnership Energy Policy Act of 2002 and before January United States. (determined without regard to stock of the 1, 2007.’’. ‘‘(ii) RELATED INSURER.—The term ‘related acquiring corporation which is sold in a pub- (c) TECHNICAL AMENDMENTS.— insurer’ means any reinsurer owned or con- lic offering related to the transaction), and

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.125 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3213 ‘‘(III) the acquiring corporation meets the (A) by striking ‘‘or exported from’’ in para- ing after clause (iii) the following new requirements of subclauses (I) and (II) of graph (1)(A), clause: clause (iii). (B) by striking ‘‘or exportation’’ in para- ‘‘(iv) To the results so obtained, add rein- ‘‘(v) SPECIAL RULES.—For purposes of this graph (1)(B), and surance recovered from a related reinsurer to subparagraph— (C) by striking ‘‘AND EXPORTATION’’ in the the extent a deduction for the premium paid ‘‘(I) a series of related transactions shall be heading. for the reinsurance was disallowed under treated as 1 transaction, and (2) Section 4611(d)(3) is amended— paragraph (9).’’ ‘‘(II) stock held by members of the ex- (A) by striking ‘‘or exporting the crude oil, (d) EFFECTIVE DATE.—The amendments panded affiliated group which includes the as the case may be’’ in the text and inserting made by this section shall apply to pre- acquiring corporation shall not be taken into ‘‘the crude oil’’, and miums paid after the date that the Com- account in determining ownership. (B) by striking ‘‘OR EXPORTS’’ in the head- mittee on Ways and Means of the House of ‘‘(vi) OTHER DEFINITIONS.—For purposes of ing. Representatives or the Committee on Fi- this subparagraph— (e) EFFECTIVE DATE.—The amendments nance of the Senate votes to report this bill. ‘‘(I) NOMINALLY FOREIGN CORPORATION.— made by this section shall take effect on the Subtitle C—Corporate Inversion Limitations The term ‘nominally foreign corporation’ date of the enactment of this Act. SEC. ll21. PREVENTION OF CORPORATE EXPA- means any corporation which would (but for Subtitle B—Reinsurance Inversion TRIATION TO AVOID UNITED STATES INCOME TAX. this subparagraph) be treated as a foreign Limitations corporation. (a) IN GENERAL.—Paragraph (4) of section SEC. ll11. PREVENTION OF EVASION OF UNITED ‘‘(II) EXPANDED AFFILIATED GROUP.—The 7701(a) (defining domestic) is amended to STATES INCOME TAX ON NONLIFE term ‘expanded affiliated group’ means an read as follows: INSURANCE COMPANIES THROUGH ‘‘(4) DOMESTIC.— affiliated group (as defined in section 1504(a) USE OF REINSURANCE WITH FOR- ‘‘(A) IN GENERAL.—Except as provided in without regard to section 1504(b)).’’ EIGN PERSONS. (b) EFFECTIVE DATES.— subparagraph (B), the term ‘domestic’ when (a) IN GENERAL.—Subparagraph (A) of sec- applied to a corporation or partnership (1) IN GENERAL.—The amendment made by tion 832(b)(4) (relating to insurance company this section shall apply to corporate expa- means created or organized in the United taxable income) is amended to read as fol- States or under the law of the United States triation transactions completed after Sep- lows: tember 11, 2001. or of any State unless, in the case of a part- ‘‘(A) From the amount of gross premiums nership, the Secretary provides otherwise by (2) SPECIAL RULE.—The amendment made written on insurance contracts during the regulations. by this section shall also apply to corporate taxable year, deduct return premiums and expatriation transactions completed on or ‘‘(B) CERTAIN CORPORATIONS TREATED AS DO- premiums paid for reinsurance (except as MESTIC.— before September 11, 2001, but only with re- provided in paragraph (9)).’’ spect to taxable years of the acquiring cor- ‘‘(i) IN GENERAL.—The acquiring corpora- (b) TREATMENT OF REINSURANCE WITH RE- tion in a corporate expatriation transaction poration beginning after December 31, 2003. LATED REINSURERS.—Subsection (b) of sec- shall be treated as a domestic corporation. tion 832 is amended by adding at the end the SA 3318. Mr. TORRICELLI (for him- ‘‘(ii) CORPORATE EXPATRIATION TRANS- following new paragraph: ACTION.—For purposes of this subparagraph, self and Mr. GRAHAM) submitted an ‘‘(9) DENIAL OF DEDUCTION UNDER PARA- the term ‘corporate expatriation trans- amendment intended to be proposed to GRAPH (4) FOR REINSURANCE OF U.S. RISKS WITH action’ means any transaction if— amendment SA 3286 proposed by Mr. CERTAIN RELATED PERSONS.— ‘‘(I) a nominally foreign corporation (re- BAUCUS (for himself, Mr. GRASSLEY, ‘‘(A) IN GENERAL.—No deduction shall be ferred to in this subparagraph as the ‘acquir- Mr. ROCKEFELLER, Mr. HATCH, Mr. allowed under paragraph (4) for premiums ing corporation’) acquires, as a result of such paid for the direct or indirect reinsurance of THOMAS, Mr. HAGEL, and Mrs. transaction, directly or indirectly substan- United States risks with a related reinsurer. tially all of the properties held directly or CARNAHAN) to the amendment SA 2917 ‘‘(B) EXCEPTIONS.—This paragraph shall indirectly by a domestic corporation, and proposed by Mr. DASCHLE (for himself not apply to any premium to the extent ‘‘(II) immediately after the transaction, and Mr. BINGAMAN) to the bill (S. 517) that— more than 80 percent of the stock (by vote or to authorize funding the Department of ‘‘(i) the income attributable to the reinsur- value) of the acquiring corporation is held by Energy to enhance its mission areas ance to which such premium relates is in- former shareholders of the domestic corpora- through technology transfer and part- cludible in the gross income of— tion by reason of holding stock in the domes- nerships for fiscal years 2002 through ‘‘(I) such reinsurer, or tic corporation. 2006, and for other purposes; which was ‘‘(II) 1 or more domestic corporations or ‘‘(iii) LOWER STOCK OWNERSHIP REQUIRE- citizens or residents of the United States, or ordered to lie on the table; as follows: MENT IN CERTAIN CASES.—Subclause (II) of ‘‘(ii) the related insurer establishes to the clause (ii) shall be applied by substituting ‘50 At the appropriate place, insert the fol- satisfaction of the Secretary that the tax- percent’ for ‘80 percent’ with respect to any lowing: able income (determined in accordance with nominally foreign corporation if— TITLE ll—ENVIRONMENTAL CLEANUP this section 832) attributable to such reinsur- ‘‘(I) such corporation does not have sub- FINANCING AND REINSURANCE AND ance is subject to an effective rate of income stantial business activities (when compared CORPORATE INVERSION LIMITATIONS tax imposed by a foreign country at a rate to the total business activities of the ex- Subtitle A—Environmental Cleanup greater than 20 percent of the maximum rate panded affiliated group) in the foreign coun- Financing of tax specified in section 11. try in which or under the law of which the ‘‘(C) ELECTION BY REINSURER TO BE TAXED corporation is created or organized, and SEC. ll01. EXTENSION OF SUPERFUND, OIL SPILL LIABILITY, AND LEAKING UN- ON INCOME.—Income of a related reinsurer at- ‘‘(II) the stock of the corporation is pub- DERGROUND STORAGE TANK EX- tributable to the reinsurance of United licly traded and the principal market for the CISE TAXES. States risks which is not otherwise includ- public trading of such stock is in the United (a) SUPERFUND TAXES.—Section 4611(e) is ible in gross income shall be treated as gross States. amended to read as follows: income which is effectively connected with ‘‘(iv) PARTNERSHIP TRANSACTIONS.—The ‘‘(e) APPLICATION OF HAZARDOUS SUBSTANCE the conduct of a trade or business in the term ‘corporate expatriation transaction’ in- SUPERFUND FINANCING RATE.—The Hazardous United States if such reinsurer— cludes any transaction if— Substance Superfund financing rate under ‘‘(i) elects to so treat such income, and ‘‘(I) a nominally foreign corporation (re- this section shall apply after December 31, ‘‘(ii) meets such requirements as the Sec- ferred to in this subparagraph as the ‘acquir- 1986, and before January 1, 1996, and after the retary shall prescribe to ensure that the ing corporation’) acquires, as a result of such date of the enactment of the Energy Policy taxes imposed by this chapter on such in- transaction, directly or indirectly properties Act of 2002 and before October 1, 2007.’’. come are paid. constituting a trade or business of a domes- (b) OIL SPILL LIABILITY TAX.—Section ‘‘(D) DEFINITIONS.—For purposes of this tic partnership, 4611(f) is amended to read as follows: paragraph— ‘‘(II) immediately after the transaction, ‘‘(f) APPLICATION OF OIL SPILL LIABILITY ‘‘(i) UNITED STATES RISK.—The term more than 80 percent of the stock (by vote or TRUST FUND FINANCING RATE.—The Oil Spill ‘United States risk’ means any risk related value) of the acquiring corporation is held by Liability Trust Fund financing rate under to property in the United States, or liability former partners of the domestic partnership subsection (c) shall apply after December 31, arising out of activity in, or in connection (determined without regard to stock of the 1989, and before January 1, 1995, and after the with the lives or health of residents of, the acquiring corporation which is sold in a pub- date of the enactment of the Energy Policy United States. lic offering related to the transaction), and Act of 2002 and before October 1, 2007.’’. ‘‘(ii) RELATED INSURER.—The term ‘related ‘‘(III) the acquiring corporation meets the (c) LEAKING UNDERGROUND STORAGE TANK insurer’ means any reinsurer owned or con- requirements of subclauses (I) and (II) of RATE.—Section 4081(d)(3) is amended by trolled directly or indirectly by the same in- clause (iii). striking ‘‘April 1, 2005’’ and inserting ‘‘Octo- terests (within the meaning of section 482) as ‘‘(v) SPECIAL RULES.—For purposes of this ber 1, 2007.’’. the person making the premium payment.’’ subparagraph— (d) TECHNICAL AMENDMENTS.— (c) TECHNICAL AMENDMENT.—Subparagraph ‘‘(I) a series of related transactions shall be (1) Section 4611(b) is amended— (A) of section 832(b)(5) is amended by insert- treated as 1 transaction, and

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00103 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.126 pfrm04 PsN: S23PT1 S3214 CONGRESSIONAL RECORD — SENATE April 23, 2002 ‘‘(II) stock held by members of the ex- ing tax attributes claimed to arise from the common law doctrine under which tax panded affiliated group which includes the transactions that do not meet a heightened benefits under subtitle A with respect to a acquiring corporation shall not be taken into economic substance requirement and by re- transaction are not allowable if the trans- account in determining ownership. pealing the provision that permits legal action does not have economic substance or ‘‘(vi) OTHER DEFINITIONS.—For purposes of opinions to be used to avoid penalties on tax lacks a business purpose. this subparagraph— underpayments resulting from transactions ‘‘(B) TAX-INDIFFERENT PARTY.—The term ‘‘(I) NOMINALLY FOREIGN CORPORATION.— without significant economic substance or ‘tax-indifferent party’ means any person or The term ‘nominally foreign corporation’ business purpose. entity not subject to tax imposed by subtitle means any corporation which would (but for PART I—CLARIFICATION OF ECONOMIC A. A person shall be treated as a tax-indif- this subparagraph) be treated as a foreign SUBSTANCE DOCTRINE ferent party with respect to a transaction if corporation. the items taken into account with respect to SEC. ll11. CLARIFICATION OF ECONOMIC SUB- the transaction have no substantial impact ‘‘(II) EXPANDED AFFILIATED GROUP.—The STANCE DOCTRINE. on such person’s liability under subtitle A. term ‘expanded affiliated group’ means an (a) IN GENERAL.—Section 7701 is amended ‘‘(C) EXCEPTION FOR PERSONAL TRANS- affiliated group (as defined in section 1504(a) by redesignating subsection (m) as sub- ACTIONS OF INDIVIDUALS.—In the case of an without regard to section 1504(b)).’’ section (n) and by inserting after subsection individual, this subsection shall apply only (b) EFFECTIVE DATES.— (l) the following new subsection: to transactions entered into in connection (1) IN GENERAL.—The amendment made by ‘‘(m) CLARIFICATION OF ECONOMIC SUB- with a trade or business or an activity en- this section shall apply to corporate expa- STANCE DOCTRINE; ETC.— gaged in for the production of income. triation transactions completed after Sep- ‘‘(1) GENERAL RULES.— ‘‘(D) TREATMENT OF LESSORS.—In applying tember 11, 2001. ‘‘(A) IN GENERAL.—In applying the eco- (2) SPECIAL RULE.—The amendment made nomic substance doctrine, the determination subclause (I) of paragraph (1)(B)(ii) to the by this section shall also apply to corporate of whether a transaction has economic sub- lessor of tangible property subject to a lease, expatriation transactions completed on or stance shall be made as provided in this the expected net tax benefits shall not in- before September 11, 2001, but only with re- paragraph. clude the benefits of depreciation, or any tax credit, with respect to the leased property spect to taxable years of the acquiring cor- ‘‘(B) DEFINITION OF ECONOMIC SUBSTANCE.— poration beginning after December 31, 2003. For purposes of subparagraph (A)— and subclause (II) of paragraph (1)(B)(ii) shall be disregarded in determining whether ‘‘(i) IN GENERAL.—A transaction has eco- SA 3319. Mr. GRAHAM submitted an nomic substance only if— any of such benefits are allowable. amendment intended to be proposed to ‘‘(I) the transaction changes in a meaning- ‘‘(4) OTHER COMMON LAW DOCTRINES NOT AF- amendment SA 3286 proposed by Mr. ful way (apart from Federal income tax ef- FECTED.—Except as specifically provided in this subsection, the provisions of this sub- BAUCUS (for himself, Mr. GRASSLEY, fects) the taxpayer’s economic position, and section shall not be construed as altering or Mr. ROCKEFELLER, Mr. HATCH, Mr. ‘‘(II) the taxpayer has a substantial nontax purpose for entering into such transaction supplanting any other rule of law referred to THOMAS, Mr. HAGEL, and Mrs. in section 6662(i)(2), and the requirements of CARNAHAN) to the amendment SA 2917 and the transaction is a reasonable means of accomplishing such purpose. this subsection shall be construed as being in proposed by Mr. DASCHLE (for himself, addition to any such other rule of law.’’ ‘‘(ii) SPECIAL RULE WHERE TAXPAYER RELIES INGAMAN (b) EFFECTIVE DATE.—The amendments and Mr. B ) to the bill (S. 517) ON PROFIT POTENTIAL.—A transaction shall made by this section shall apply to trans- to authorize funding the Department of not be treated as having economic substance Energy to enhance its mission areas actions after the date of the enactment of by reason of having a potential for profit this Act. through technology transfer and part- unless— nerships for fiscal years 2002 through ‘‘(I) the present value of the reasonably ex- PART II—PENALTIES 2006, and for other purposes; which was pected pre-tax profit from the transaction is SEC. ll21. INCREASE IN PENALTY ON UNDER- substantial in relation to the present value PAYMENTS RESULTING FROM FAIL- ordered to lie on the table; as follows: URE TO SATISFY CERTAIN COMMON At the appropriate place, insert the fol- of the expected net tax benefits that would LAW RULES. lowing: be allowed if the transaction were respected, (a) IN GENERAL.—Section 6662 (relating to and TITLE ll—CURB TAX ABUSES imposition of accuracy-related penalty) is ‘‘(II) the reasonably expected pre-tax profit Subtitle A—Tax Shelters amended by adding at the end the following from the transaction exceeds a risk-free rate new subsection: SEC. ll01. SHORT TITLE. of return. ‘‘(i) INCREASE IN PENALTY IN CASE OF FAIL- This subtitle may be cited as the ‘‘Abusive ‘‘(C) TREATMENT OF FEES AND FOREIGN URE TO SATISFY CERTAIN COMMON LAW Tax Shelter Shutdown Act of 2002’’. TAXES.—Fees and other transaction expenses RULES.— SEC. ll02. FINDINGS AND PURPOSE. and foreign taxes shall be taken into account ‘‘(1) IN GENERAL.—To the extent that an (a) FINDINGS.—The Congress hereby finds as expenses in determining pre-tax profit underpayment is attributable to a disallow- that: under subparagraph (B)(ii). ance described in paragraph (2)— (1) Many corporate tax shelter trans- ‘‘(2) SPECIAL RULES FOR TRANSACTIONS WITH ‘‘(A) subsection (a) shall be applied with re- actions are complicated ways of accom- TAX-INDIFFERENT PARTIES.— spect to such portion by substituting ‘40 per- plishing nothing aside from claimed tax ben- ‘‘(A) SPECIAL RULES FOR FINANCING TRANS- cent’ for ‘20 percent’, and efits, and the legal opinions justifying those ACTIONS.—The form of a transaction which is ‘‘(B) subsection (d)(2)(B) and section 6664(c) transactions take an inappropriately narrow in substance the borrowing of money or the shall not apply. and restrictive view of well-developed court acquisition of financial capital directly or ‘‘(2) DISALLOWANCES DESCRIBED.—A dis- doctrines under which— indirectly from a tax-indifferent party shall allowance is described in this subsection if (A) the taxation of a transaction is deter- not be respected if the present value of the such disallowance is on account of— mined in accordance with its substance and deductions to be claimed with respect to the ‘‘(A) a lack of economic substance (within not merely its form, transaction are substantially in excess of the the meaning of section 7701(m)(1)) for the (B) transactions which have no significant present value of the anticipated economic re- transaction giving rise to the claimed ben- effect on the taxpayer’s economic or bene- turns of the person lending the money or efit or the transaction was not respected ficial interests except for tax benefits are providing the financial capital. A public of- under section 7701(m)(2), treated as sham transactions and dis- fering shall be treated as a borrowing, or an ‘‘(B) a lack of business purpose for such regarded, acquisition of financial capital, from a tax- transaction or because the form of the trans- (C) transactions involving multiple steps indifferent party if it is reasonably expected action does not reflect its substance, or are collapsed when those steps have no sub- that at least 50 percent of the offering will be ‘‘(C) a failure to meet the requirements of stantial economic meaning and are merely placed with tax-indifferent parties. any other similar rule of law. designed to create tax benefits, ‘‘(B) ARTIFICIAL INCOME SHIFTING AND BASIS ‘‘(3) INCREASE IN PENALTY NOT TO APPLY IF (D) transactions with no business purpose ADJUSTMENTS.—The form of a transaction COMPLIANCE WITH DISCLOSURE REQUIRE- are not given effect, and with a tax-indifferent party shall not be re- MENTS.—Paragraph (1)(A) shall not apply if (E) in the absence of a specific congres- spected if— the taxpayer discloses to the Secretary (as sional authorization, it is presumed that ‘‘(i) it results in an allocation of income or such time and in such manner as the Sec- Congress did not intend a transaction to re- gain to the tax-indifferent party in excess of retary shall prescribe) such information as sult in a negative tax where the taxpayer’s such party’s economic income or gain, or the Secretary shall prescribe with respect to economic position or rate of return is better ‘‘(ii) it results in a basis adjustment or such transaction.’’. after tax than before tax. shifting of basis on account of overstating (b) MODIFICATIONS TO PENALTY ON SUBSTAN- (2) Permitting aggressive and abusive tax the income or gain of the tax-indifferent TIAL UNDERSTATEMENT OF INCOME TAX.— shelters not only results in large revenue party. (1) MODIFICATION OF THRESHOLD.—Subpara- losses but also undermines voluntary compli- ‘‘(3) DEFINITIONS AND SPECIAL RULES.—For graph (A) of section 6662(d)(1) is amended to ance with the Internal Revenue Code of 1986. purposes of this subsection— read as follows: (b) PURPOSE.—The purpose of this subtitle ‘‘(A) ECONOMIC SUBSTANCE DOCTRINE.—The ‘‘(A) IN GENERAL.—For purposes of this sec- is to eliminate abusive tax shelters by deny- term ‘economic substance doctrine’ means tion, there is a substantial understatement

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.126 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3215 of income tax for any taxable year if the promotion, offering, or sale of the tax avoid- ‘‘(A) a penalty imposed by subsection (a)(1) amount of the understatement for the tax- ance strategy. which involves a return, affidavit, claim, or able year exceeds the lesser of— ‘‘(D) RELATED PERSON.—Persons are related other document relating to a tax shelter or ‘‘(i) $500,000, or if they bear a relationship to each other an entity, plan, arrangement, or transaction ‘‘(ii) the greater of 10 percent of the tax re- which is described in section 267(b) or 707(b). that fails to meet the requirements of any quired to be shown on the return for the tax- ‘‘(4) COORDINATION WITH SUBSECTION (a).— rule of law referred to in section 6662(i)(2), able year or $5,000.’’ No penalty shall be imposed by this sub- and (2) MODIFICATION OF PENALTY ON TAX SHEL- section on any promoter with respect to a ‘‘(B) any penalty imposed by subsection TERS, ETC.—Clauses (i) and (ii) of section tax avoidance strategy if a penalty is im- (a)(2), 6662(d)(2)(C) are amended to read as follows: posed under subsection (a) on such promoter the amount of the penalty shall be equal to ‘‘(i) IN GENERAL.—Subparagraph (B) shall with respect to such strategy.’’ 100 percent of the gross proceeds derived (or not apply to any item attributable to a tax (2) CONFORMING AMENDMENT.—Subsection to be derived) by the person in connection shelter.’’ (d) of section 6700 is amended— with the tax shelter or entity, plan, arrange- ‘‘(ii) DETERMINATION OF UNDERSTATEMENTS (A) by striking ‘‘PENALTY’’ and inserting ment, or transaction.’’ WITH RESPECT TO TAX SHELTERS, ETC.—In any ‘‘PENALTIES’’, and (c) REFERRAL AND PUBLICATION.—If a pen- case in which there are one or more items at- (B) by striking ‘‘penalty’’ the first place it alty is imposed under section 6701(a)(2) of the tributable to a tax shelter, the amount of appears in the text and inserting ‘‘pen- Internal Revenue Code of 1986 (as added by the understatement under subparagraph (A) alties’’. subsection (a)) on any person, the Secretary shall in no event be less than the amount of (b) INCREASE IN PENALTY ON PROMOTING of the Treasury shall— understatement which would be determined ABUSIVE TAX SHELTERS.—The first sentence (1) notify the Director of Practice of the for the taxable year if all items shown on the of section 6700(a) is amended by striking ‘‘a Internal Revenue Service and any appro- return which are not attributable to any tax penalty equal to’’ and all that follows and in- priate State licensing authority of the pen- shelter were treated as being correct. A simi- serting ‘‘a penalty equal to the greater of alty and the circumstances under which it lar rule shall apply in cases to which sub- $1,000 or 100 percent of the gross income de- was imposed, and section (i) applies, whether or not the items rived (or to be derived) by such person from (2) publish the identity of the person and are attributable to a tax shelter.’’ such activity.’’ the fact the penalty was imposed on the per- (c) TREATMENT OF AMENDED RETURNS.— SEC. ll23. MODIFICATIONS OF PENALTIES FOR son. Subsection (a) of section 6664 is amended by AIDING AND ABETTING UNDER- (d) CONFORMING AMENDMENTS.— adding at the end the following new sen- STATEMENT OF TAX LIABILITY IN- (1) Section 6701(d) is amended by striking VOLVING TAX SHELTERS. tence: ‘‘For purposes of this subsection, an ‘‘Subsection (a)’’ and inserting ‘‘Subsection (a) IMPOSITION OF PENALTY.—Section amended return shall be disregarded if such 6701(a) (relating to imposition of penalty) is (a)(1)’’. return is filed on or after the date the tax- amended to read as follows: (2) Section 6701(e) is amended by striking payer is first contacted by the Secretary re- ‘‘(a) IMPOSITION OF PENALTIES.— ‘‘subsection (a)(1)’’ and inserting ‘‘subsection garding the examination of the return.’’ ‘‘(1) IN GENERAL.—Any person— (a)(1)(A)’’. SEC. ll22. PENALTY ON PROMOTERS OF TAX ‘‘(A) who aids or assists in, procures, or ad- (3) Section 6701(f) is amended by inserting AVOIDANCE STRATEGIES WHICH vises with respect to, the preparation or ‘‘, tax shelter, or entity, plan, arrangement, HAVE NO ECONOMIC SUBSTANCE, presentation of any portion of a return, affi- or transaction’’ after ‘‘document’’ each place ETC. davit, claim, or other document, it appears. (a) PENALTY.— ‘‘(B) who knows (or has reason to believe) SEC. ll24. FAILURE TO MAINTAIN LISTS. (1) IN GENERAL.—Section 6700 (relating to that such portion will be used in connection Section 6708(a) (relating to failure to main- promoting abusive tax shelters, etc.) is with any material matter arising under the tain lists of investors in potentially abusive amended by redesignating subsection (c) as internal revenue laws, and tax shelters) is amended by adding at the end subsection (d) and by inserting after sub- ‘‘(C) who knows that such portion (if so the following: ‘‘In the case of a tax shelter section (b) the following new subsection: used) would result in an understatement of (as defined in section 6662(d)(2)(C)(iii)) or en- ‘‘(c) PENALTY ON SUBSTANTIAL PROMOTERS the liability for tax of another person, tity, plan, arrangement, or transaction that FOR PROMOTING TAX AVOIDANCE STRATEGIES shall pay a penalty with respect to each such fails to meet the requirements of any rule of WHICH HAVE NO ECONOMIC SUBSTANCE, ETC.— document in the amount determined under law referred to in section 6662(i)(2), the pen- ‘‘(1) IMPOSITION OF PENALTY.—Any substan- subsection (b). alty shall be equal to 50 percent of the gross tial promoter of a tax avoidance strategy ‘‘(2) CERTAIN TAX SHELTERS.—If— proceeds derived (or to be derived) from each shall pay a penalty in the amount deter- ‘‘(A) any person— person with respect to which there was a mined under paragraph (2) with respect to ‘‘(i) aids or assists in, procures, or advises failure and the limitation of the preceding such strategy if such strategy (or any simi- with respect to the creation, organization, sentence shall not apply.’’ lar strategy promoted by such promoter) sale, implementation, management, or re- SEC. ll25. PENALTY FOR FAILING TO DISCLOSE fails to meet the requirements of any rule of porting of a tax shelter (as defined in section REPORTABLE TRANSACTION. law referred to in section 6662(i)(2). 6662(d)(2)(C)(iii)) or of any entity, plan, ar- (a) IN GENERAL.—Part I of subchapter B of ‘‘(2) AMOUNT OF PENALTY.—The penalty rangement, or transaction that fails to meet chapter 68 (relating to assessable penalties) under paragraph (1) with respect to a pro- the requirements of any rule of law referred is amended by inserting after section 6707 moter of a tax avoidance strategy is an to in section 6662(i)(2), and the following new section: amount equal to 100 percent of the gross in- ‘‘(ii) opines, advises, represents, or other- ‘‘SEC. 6707A. PENALTY FOR FAILURE TO INCLUDE come derived (or to be derived) by such pro- wise indicates (directly or indirectly) that TAX SHELTER INFORMATION WITH moter from such strategy. the taxpayer’s tax treatment of items attrib- RETURN. ‘‘(3) TAX AVOIDANCE STRATEGY.—For pur- utable to such tax shelter or such entity, ‘‘(a) IMPOSITION OF PENALTY.—Any person poses of this subsection, the term ‘tax avoid- plan, arrangement, or transaction and giving who fails to include with its return of Fed- ance strategy’ means any entity, plan, ar- rise to an understatement of tax liability eral income tax any information required to rangement, or transaction a significant pur- would more likely than not prevail or not be included under section 6011 with respect pose of the structure of which is the avoid- give rise to a penalty, to a reportable transaction shall pay a pen- ance or evasion of Federal income tax. ‘‘(B) such opinion, advice, representation, alty in the amount determined under sub- ‘‘(4) SUBSTANTIAL PROMOTER.—For purposes or indication is unreasonable, section (b). No penalty shall be imposed on of this subsection— then such person shall pay a penalty in the any such failure if it is shown that such fail- ‘‘(A) IN GENERAL.—The term ‘substantial amount determined under subsection (b). If a ure is due to reasonable cause. promoter’ means, with respect to any tax standard higher than the more likely than ‘‘(b) AMOUNT OF PENALTY.— avoidance strategy, any promoter if— not standard was used in any such opinion, ‘‘(1) IN GENERAL.—The amount of the pen- ‘‘(i) such promoter offers such strategy to advice, representation, or indication, then alty under subsection (a) shall be equal to more than 1 potential participant, and subparagraph (A)(ii) shall be applied as if the greater of— ‘‘(ii) such promoter may receive fees in ex- such standard were substituted for the more ‘‘(A) 5 percent of any increase in Federal cess of $500,000 in the aggregate with respect likely than not standard.’’ tax which results from a difference between to such strategy. (b) AMOUNT OF PENALTY.—Section 6701(b) the taxpayer’s treatment (as shown on its re- ‘‘(B) AGGREGATION RULES.—For purposes of (relating to amount of penalty) is amended— turn) of items attributable to the reportable this paragraph— (1) by inserting ‘‘or (3)’’ after ‘‘paragraph transaction to which the failure relates and ‘‘(i) RELATED PERSONS.—A promoter and all (2)’’ in paragraph (1), the proper tax treatment of such items, or persons related to such promoter shall be (2) by striking ‘‘subsection (a)’’ each place ‘‘(B) $100,000. treated as 1 person who is a promoter. it appears and inserting ‘‘subsection (a)(1)’’, For purposes of subparagraph (A), the last ‘‘(ii) SIMILAR STRATEGIES.—All similar tax and sentence of section 6664(a) shall apply. avoidance strategies of a promoter shall be (3) by redesignating paragraph (3) as para- ‘‘(2) LISTED TRANSACTION.—If the failure treated as 1 tax avoidance strategy. graph (4) and by adding after paragraph (2) under subsection (a) relates to a reportable ‘‘(C) PROMOTER.—The term ‘promoter’ the following: transaction which is the same as, or substan- means any person who participates in the ‘‘(3) TAX SHELTERS.—In the case of— tially similar to, a transaction specifically

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identified by the Secretary as a tax avoid- tionate share of the property of such part- ‘‘(d) SUBSTANTIAL BUILT-IN LOSS.—For pur- ance transaction for purposes of section 6011, nership. poses of this section, a partnership has a sub- paragraph (1)(A) shall be applied by sub- ‘‘(3) IMPORTATION OF NET BUILT-IN LOSS.— stantial built-in loss with respect to a trans- stituting ‘10 percent’ for ‘5 percent’. For purposes of paragraph (1), there is an im- fer of an interest in a partnership if the ‘‘(c) REPORTABLE TRANSACTION.—For pur- portation of a net built-in loss in a trans- transferee partner’s proportionate share of poses of this section, the term ‘reportable action if the transferee’s aggregate adjusted the adjusted basis of the partnership prop- transaction’ means any transaction with re- bases of property described in paragraph (2) erty exceeds 110 percent of the basis of such spect to which information is required under which is transferred in such transaction partner’s interest in the partnership.’’ section 6011 to be included with a taxpayer’s would (but for this subsection) exceed the (4) CLERICAL AMENDMENTS.— return of tax because, as determined under fair market value of such property imme- (A) The section heading for section 743 is regulations prescribed under section 6011, diately after such transaction.’’ amended to read as follows: such transaction has characteristics which (b) COMPARABLE TREATMENT WHERE LIQ- ‘‘SEC. 743. ADJUSTMENT TO BASIS OF PARTNER- may be indicative of a tax avoidance trans- UIDATION.—Paragraph (1) of section 334(b) (re- SHIP PROPERTY WHERE SECTION action. lating to liquidation of subsidiary) is amend- 754 ELECTION OR SUBSTANTIAL ‘‘(d) COORDINATION WITH OTHER PEN- ed to read as follows: BUILT-IN LOSS.’’ ALTIES.—The penalty imposed by this section ‘‘(1) IN GENERAL.—If property is received by (B) The table of sections for subpart C of is in addition to any penalty imposed under a corporate distributee in a distribution in a part II of subchapter K of chapter 1 is section 6662.’’ complete liquidation to which section 332 ap- amended by striking the item relating to (b) CONFORMING AMENDMENT.—The table of plies (or in a transfer described in section section 743 and inserting the following new sections for part I of subchapter B of chapter 337(b)(1)), the basis of such property in the item: hands of such distributee shall be the same 68 is amended by inserting after the item re- ‘‘Sec. 743. Adjustment to basis of partnership lating to section 6707 the following: as it would be in the hands of the transferor; except that the basis of such property in the property where section 754 elec- ‘‘Sec. 6707A. Penalty for failure to include hands of such distributee shall be the fair tion or substantial built-in tax shelter information on re- market value of the property at the time of loss.’’ turn.’’ the distribution— (c) ADJUSTMENT TO BASIS OF UNDISTRIB- SEC. ll26. REGISTRATION OF CERTAIN TAX ‘‘(A) in any case in which gain or loss is UTED PARTNERSHIP PROPERTY IF THERE IS SHELTERS WITHOUT CORPORATE recognized by the liquidating corporation SUBSTANTIAL BASIS REDUCTION.— PARTICIPANTS. with respect to such property, or (1) ADJUSTMENT REQUIRED.—Subsection (a) Section 6111(d)(1)(A) (relating to certain ‘‘(B) in any case in which the liquidating of section 734 (relating to optional adjust- confidential arrangements treated as tax corporation is a foreign corporation, the cor- ment to basis of undistributed partnership shelters) is amended by striking ‘‘for a direct porate distributee is a domestic corporation, property) is amended by inserting before the or indirect participant which is a corpora- and the corporate distributee’s aggregate ad- period ‘‘or unless there is a substantial basis tion’’. justed bases of property described in section reduction’’. SEC. ll27. EFFECTIVE DATES. 362(e)(2) which is distributed in such liquida- (2) ADJUSTMENT.—Subsection (b) of section (a) IN GENERAL.—Except as provided in tion would (but for this subparagraph) ex- 734 is amended by inserting ‘‘or unless there subsections (b) and (c), the amendments ceed the fair market value of such property is a substantial basis reduction’’ after ‘‘sec- made by this part shall apply to transactions immediately after such liquidation.’’ tion 754 is in effect’’. after the date of the enactment of this Act. (c) EFFECTIVE DATE.—The amendments (3) SUBSTANTIAL BASIS REDUCTION.—Section (b) SECTION ll21.—The amendments made made by this section shall apply to trans- 734 is amended by adding at the end the fol- by subsections (b) and (c) of section ll21 actions after the date of the enactment of lowing new subsection: shall apply to taxable years ending after the this Act. ‘‘(d) SUBSTANTIAL BASIS REDUCTION.—For date of the enactment of this Act. SEC. ll32. DISALLOWANCE OF PARTNERSHIP purposes of this section, there is a substan- (c) SECTION ll22.—The amendments made LOSS TRANSFERS. tial basis reduction with respect to a dis- by subsection (a) of section ll22 shall apply (a) TREATMENT OF CONTRIBUTED PROPERTY tribution if the sum of the amounts de- to any tax avoidance strategy (as defined in WITH BUILT-IN LOSS.—Paragraph (1) of sec- scribed in subparagraphs (A) and (B) of sub- section 6700(c) of the Internal Revenue Code tion 704(c) is amended by striking ‘‘and’’ at section (b)(2) exceeds 10 percent of the aggre- of 1986, as amended by this part) interests in the end of subparagraph (A), by striking the gate adjusted basis of partnership property which are offered to potential participants period at the end of subparagraph (B) and in- immediately after the distribution.’’ after the date of the enactment of this Act. serting ‘‘, and’’, and by adding at the end the (4) CLERICAL AMENDMENTS.— (d) SECTION ll26.—The amendment made following: (A) The section heading for section 734 is by section ll26 shall apply to any tax shel- ‘‘(C) if any property so contributed has a amended to read as follows: built-in loss— ter interest which is offered to potential par- ‘‘SEC. 734. ADJUSTMENT TO BASIS OF UNDISTRIB- ticipants after the date of the enactment of ‘‘(i) such built-in loss shall be taken into UTED PARTNERSHIP PROPERTY this Act. account only in determining the amount of WHERE SECTION 754 ELECTION OR items allocated to the contributing partner, SUBSTANTIAL BASIS REDUCTION.’’ PART III—LIMITATIONS ON IMPORTATION and (B) The table of sections for subpart B of OR TRANSFER OF BUILT-IN LOSSES ‘‘(ii) except as provided in regulations, in part II of subchapter K of chapter 1 is SEC. ll31. LIMITATION ON IMPORTATION OF determining the amount of items allocated amended by striking the item relating to BUILT-IN LOSSES. to other partners, the basis of the contrib- section 734 and inserting the following new (a) IN GENERAL.—Section 362 (relating to uted property in the hands of the partnership item: basis to corporations) is amended by adding shall be treated as being equal to its fair at the end the following new subsection: market value immediately after the con- ‘‘Sec. 734. Adjustment to basis of undistrib- ‘‘(e) LIMITATION ON IMPORTATION OF BUILT- tribution. uted partnership property IN LOSSES.— where section 754 election or For purposes of subparagraph (C), the term substantial basis reduction.’’ ‘‘(1) IN GENERAL.—If in any transaction de- ‘built-in loss’ means the excess of the ad- scribed in subsection (a) or (b) there would justed basis of the property over its fair mar- (d) EFFECTIVE DATES.— (but for this subsection) be an importation of ket value immediately after the contribu- (1) SUBSECTION (a).—The amendment made a net built-in loss, the basis of each property tion.’’ by subsection (a) shall apply to contribu- described in paragraph (2) which is acquired (b) ADJUSTMENT TO BASIS OF PARTNERSHIP tions made after the date of the enactment in such transaction shall (notwithstanding PROPERTY ON TRANSFER OF PARTNERSHIP IN- of this Act. subsections (a) and (b)) be its fair market TEREST IF THERE IS SUBSTANTIAL BUILT-IN (2) SUBSECTION (b).—The amendments made value immediately after such transaction. LOSS.— by subsection (a) shall apply to transfers ‘‘(2) PROPERTY DESCRIBED.—For purposes of (1) ADJUSTMENT REQUIRED.—Subsection (a) after the date of the enactment of this Act. paragraph (1), property is described in this of section 743 (relating to optional adjust- (3) SUBSECTION (c).—The amendments made paragraph if— ment to basis of partnership property) is by subsection (a) shall apply to distributions ‘‘(A) gain or loss with respect to such prop- amended by inserting before the period ‘‘or after the date of the enactment of this Act. erty is not subject to tax under this subtitle unless the partnership has a substantial Subtitle B—Reinsurance in the hands of the transferor immediately built-in loss immediately after such trans- SEC. ll41. SHORT TITLE. before the transfer, and fer’’. ‘‘(B) gain or loss with respect to such prop- This subtitle may be cited as the ‘‘Reinsur- (2) ADJUSTMENT.—Subsection (b) of section ance Tax Equity Act of 2002’’. erty is subject to such tax in the hands of 743 is amended by inserting ‘‘or with respect SEC. ll42. PREVENTION OF EVASION OF UNITED the transferee immediately after such trans- to which there is a substantial built-in loss fer. STATES INCOME TAX ON NONLIFE immediately after such transfer’’ after ‘‘sec- INSURANCE COMPANIES THROUGH In any case in which the transferor is a part- tion 754 is in effect’’. USE OF REINSURANCE WITH FOR- nership, the preceding sentence shall be ap- (3) SUBSTANTIAL BUILT-IN LOSS.—Section EIGN PERSONS. plied by treating each partner in such part- 743 is amended by adding at the end the fol- (a) IN GENERAL.—Subparagraph (A) of sec- nership as holding such partner’s propor- lowing new subsection: tion 832(b)(4) (relating to insurance company

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taxable income) is amended to read as fol- ‘‘(A) IN GENERAL.—Except as provided in (2) SPECIAL RULE.—The amendment made lows: subparagraph (B), the term ‘domestic’ when by this section shall also apply to corporate ‘‘(A) From the amount of gross premiums applied to a corporation or partnership expatriation transactions completed on or written on insurance contracts during the means created or organized in the United before September 11, 2001, but only with re- taxable year, deduct return premiums and States or under the law of the United States spect to taxable years of the acquiring cor- premiums paid for reinsurance (except as or of any State unless, in the case of a part- poration beginning after December 31, 2003. provided in paragraph (9)).’’ nership, the Secretary provides otherwise by (b) TREATMENT OF REINSURANCE WITH RE- regulations. SA 3320. Mr. GRAHAM submitted an LATED REINSURERS.—Subsection (b) of sec- ‘‘(B) CERTAIN CORPORATIONS TREATED AS DO- amendment intended to be proposed to tion 832 is amended by adding at the end the MESTIC.— amendment SA 3286 proposed by Mr. following new paragraph: ‘‘(i) IN GENERAL.—The acquiring corpora- BAUCUS (for himself, Mr. GRASSLEY, ‘‘(9) DENIAL OF DEDUCTION UNDER PARA- tion in a corporate expatriation transaction Mr. ROCKEFELLER, Mr. HATCH, Mr. GRAPH (4) FOR REINSURANCE OF U.S. RISKS WITH shall be treated as a domestic corporation. THOMAS, Mr. HAGEL, and Mrs. CERTAIN RELATED PERSONS.— ‘‘(ii) CORPORATE EXPATRIATION TRANS- CARNAHAN) to the amendment SA 2917 ‘‘(A) IN GENERAL.—No deduction shall be ACTION.—For purposes of this subparagraph, proposed by Mr. DASCHLE (for himself allowed under paragraph (4) for premiums the term ‘corporate expatriation trans- paid for the direct or indirect reinsurance of action’ means any transaction if— and Mr. BINGAMAN) to the bill (S. 517) United States risks with a related reinsurer. ‘‘(I) a nominally foreign corporation (re- to authorize funding the Department of ‘‘(B) EXCEPTIONS.—This paragraph shall ferred to in this subparagraph as the ‘acquir- Energy to enhance its mission areas not apply to any premium to the extent ing corporation’) acquires, as a result of such through technology transfer and part- that— transaction, directly or indirectly substan- nerships for fiscal years 2002 through ‘‘(i) the income attributable to the reinsur- tially all of the properties held directly or 2006, and for other purposes; which was ance to which such premium relates is in- indirectly by a domestic corporation, and ordered to lie on the table; as follows: cludible in the gross income of— ‘‘(II) immediately after the transaction, At the appropriate place, insert the fol- ‘‘(I) such reinsurer, or more than 80 percent of the stock (by vote or lowing: ‘‘(II) 1 or more domestic corporations or value) of the acquiring corporation is held by SEC. . CUSTOMS USER FEES. citizens or residents of the United States, or former shareholders of the domestic corpora- Section 13031(j)(3) of the Consolidated Om- ‘‘(ii) the related insurer establishes to the tion by reason of holding stock in the domes- nibus Budget Reconciliation Act of 1985 (19 satisfaction of the Secretary that the tax- tic corporation. U.S.C. 58c(j)(3)) is amended by striking able income (determined in accordance with ‘‘(iii) LOWER STOCK OWNERSHIP REQUIRE- ‘‘2003’’ and inserting ‘‘2012’’. this section 832) attributable to such reinsur- MENT IN CERTAIN CASES.—Subclause (II) of ance is subject to an effective rate of income clause (ii) shall be applied by substituting ‘50 SA 3321. Mr. LEVIN submitted an tax imposed by a foreign country at a rate percent’ for ‘80 percent’ with respect to any amendment intended to be proposed to greater than 20 percent of the maximum rate nominally foreign corporation if— amendment SA 2917 proposed by Mr. of tax specified in section 11. ‘‘(I) such corporation does not have sub- DASCHLE (for himself and Mr. BINGA- ‘‘(C) ELECTION BY REINSURER TO BE TAXED stantial business activities (when compared MAN) to the bill (S. 517) to authorize ON INCOME.—Income of a related reinsurer at- to the total business activities of the ex- tributable to the reinsurance of United panded affiliated group) in the foreign coun- funding the Department of Energy to States risks which is not otherwise includ- try in which or under the law of which the enhance its mission areas through ible in gross income shall be treated as gross corporation is created or organized, and technology transfer and partnerships income which is effectively connected with ‘‘(II) the stock of the corporation is pub- for fiscal years 2002 through 2006, and the conduct of a trade or business in the licly traded and the principal market for the for other purposes; which was ordered United States if such reinsurer— public trading of such stock is in the United to lie on the table; as follows: ‘‘(i) elects to so treat such income, and States. At the appropriate place, insert the fol- ‘‘(ii) meets such requirements as the Sec- ‘‘(iv) PARTNERSHIP TRANSACTIONS.—The lowing: retary shall prescribe to ensure that the term ‘corporate expatriation transaction’ in- SEC. ll. MODIFICATIONS TO THE INCENTIVES taxes imposed by this chapter on such in- cludes any transaction if— FOR ALTERNATIVE VEHICLES AND come are paid. ‘‘(I) a nominally foreign corporation (re- FUELS. ‘‘(D) DEFINITIONS.—For purposes of this ferred to in this subparagraph as the ‘acquir- (a) MODIFICATIONS TO NEW QUALIFIED FUEL paragraph— ing corporation’) acquires, as a result of such CELL MOTOR VEHICLE CREDIT.—Subsection (b) ‘‘(i) UNITED STATES RISK.—The term transaction, directly or indirectly properties of section 30B of the Internal Revenue Code ‘United States risk’ means any risk related constituting a trade or business of a domes- of 1986, as added by this Act, is amended— to property in the United States, or liability tic partnership, (1) by striking ‘‘$4,000’’ in paragraph (1)(A) arising out of activity in, or in connection ‘‘(II) immediately after the transaction, and inserting ‘‘$6,000’’, with the lives or health of residents of, the more than 80 percent of the stock (by vote or (2) by striking ‘‘$1,000’’ in paragraph United States. value) of the acquiring corporation is held by (2)(A)(i) and inserting ‘‘$2,000’’, ‘‘(ii) RELATED INSURER.—The term ‘related former partners of the domestic partnership (3) by striking ‘‘$1,500’’ in paragraph insurer’ means any reinsurer owned or con- (determined without regard to stock of the (2)(A)(ii) and inserting ‘‘$2,500’’, trolled directly or indirectly by the same in- acquiring corporation which is sold in a pub- (4) by striking ‘‘$2,000’’ in paragraph terests (within the meaning of section 482) as lic offering related to the transaction), and (2)(A)(iii) and inserting ‘‘$3,000’’, the person making the premium payment.’’ ‘‘(III) the acquiring corporation meets the (5) by striking ‘‘$2,500’’ in paragraph (c) TECHNICAL AMENDMENT.—Subparagraph requirements of subclauses (I) and (II) of (2)(A)(iv) and inserting ‘‘$3,500’’, (A) of section 832(b)(5) is amended by insert- clause (iii). (6) by striking ‘‘$3,000’’ in paragraph ing after clause (iii) the following new ‘‘(v) SPECIAL RULES.—For purposes of this (2)(A)(v) and inserting ‘‘$4,000’’, clause: subparagraph— (7) by striking ‘‘$3,500’’ in paragraph ‘‘(iv) To the results so obtained, add rein- ‘‘(I) a series of related transactions shall be (2)(A)(vi) and inserting ‘‘$4,500’’, surance recovered from a related reinsurer to treated as 1 transaction, and (8) by striking ‘‘$4,000’’ in paragraph the extent a deduction for the premium paid ‘‘(II) stock held by members of the ex- (2)(A)(vii) and inserting ‘‘$5,000’’, and for the reinsurance was disallowed under panded affiliated group which includes the (9) by striking the dash and all that follows paragraph (9).’’ acquiring corporation shall not be taken into through ‘‘for 2004’’ in paragraph (3)(B) and in- (d) EFFECTIVE DATE.—The amendments account in determining ownership. serting ‘‘for 2004’’. made by this section shall apply to pre- ‘‘(vi) OTHER DEFINITIONS.—For purposes of (b) MODIFICATIONS TO NEW QUALIFIED HY- miums paid after the date that the Com- this subparagraph— BRID MOTOR VEHICLE CREDIT.—Subsection (c) mittee on Ways and Means of the House of ‘‘(I) NOMINALLY FOREIGN CORPORATION.— of section 30B of the Internal Revenue Code Representatives or the Committee on Fi- The term ‘nominally foreign corporation’ of 1986, as added by this Act, is amended— (1) by striking the table contained in para- nance of the Senate votes to report this bill. means any corporation which would (but for graph (2)(A)(i) and inserting the following this subparagraph) be treated as a foreign Subtitle C—Corporate Inversions new table: SEC. ll51. SHORT TITLE. corporation. ‘‘(II) EXPANDED AFFILIATED GROUP.—The ‘‘If percentage of the The credit amount is: This subtitle may be cited as the ‘‘Cor- maximum available porate Patriot Enforcement Act of 2002’’. term ‘expanded affiliated group’ means an affiliated group (as defined in section 1504(a) power is: SEC. ll52. PREVENTION OF CORPORATE EXPA- At least 5 percent but less than 10 without regard to section 1504(b)).’’ TRIATION TO AVOID UNITED STATES percent ...... $500 INCOME TAX. (b) EFFECTIVE DATES.— At least 10 percent but less than (a) IN GENERAL.—Paragraph (4) of section (1) IN GENERAL.—The amendment made by 20 percent ...... $750 7701(a) (defining domestic) is amended to this section shall apply to corporate expa- At least 20 percent but less than read as follows: triation transactions completed after Sep- 30 percent ...... $1,000 ‘‘(4) DOMESTIC.— tember 11, 2001. At least 30 percent ...... $1,500.’’,

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(2) by striking ‘‘$500’’ in paragraph this section shall apply to property placed in ‘‘(h) APPLICATION OF SECTION.—This section (2)(B)(i)(I) and inserting ‘‘$1,000’’, service after September 30, 2002, in taxable shall apply to—— (3) by striking ‘‘$1,000’’ in paragraph years ending after such date. ‘‘(1) any new qualified fuel cell motor vehi- (2)(B)(i)(II) and inserting ‘‘$1,500’’, cle placed in service after December 31, 2003, (4) by striking ‘‘$1,500’’ in paragraph SA 3322. Mr. LEVIN submitted an and purchased before January 1, 2012, (2)(B)(i)(III) and inserting ‘‘$2,000’’, amendment intended to be proposed to ‘‘(2) any new qualified hybrid motor vehi- (5) by striking ‘‘$2,000’’ in paragraph amendment SA 2917 proposed by Mr. cle which is a passenger automobile or a (2)(B)(i)(IV) and inserting ‘‘$2,500’’, DASCHLE (for himself, and Mr. BINGA- light truck placed in service after December (6) by striking ‘‘$2,500’’ in paragraph 31, 2002, and purchased before January 1, 2010, MAN) to the bill (S. 517) to authorize (2)(B)(i)(V) and inserting ‘‘$3,000’’, and (7) by striking ‘‘$3,000’’ in paragraph funding the Department of Energy to ‘‘(3) any other property placed in service (2)(B)(i)(VI) and inserting ‘‘$3,500’’, and enhance its mission areas through after September 30, 2002, and purchased be- (8) by striking ‘‘for 2002’’ in paragraph technology transfer and partnerships fore January 1, 2007.’’. (3)(B)(i) and inserting ‘‘for 2003’’. for fiscal years 2002 through 2006, and (d) ADDITIONAL MODIFICATIONS TO CREDIT (c) CONFORMING AMENDMENTS FOR VEHICLE for other purposes; which was ordered FOR QUALIFIED ELECTRIC VEHICLES.—Section CREDITS.— to lie on the table; as follows: 30 of the Internal Revenue Code of 1986, as (1) Section 30B(f)(11)(A) of the Internal amended by this Act, is amended— At the appropriate place, insert the fol- Revenue Code of 1986, as added by this Act, is (1) by striking ‘‘$3,500’’ in subsection lowing: amended by striking ‘‘September 30, 2002’’ (b)(1)(B)(i) and inserting ‘‘$6,000’’, and inserting ‘‘the effective date of this sec- SEC. ll. MODIFICATIONS TO THE INCENTIVES (2) by striking ‘‘$6,000’’ in subsection tion’’. FOR ALTERNATIVE VEHICLES AND (b)(1)(B)(ii) and inserting ‘‘$9,000’’, and FUELS. (2) Subsection (h) of section 30B of such (3) by striking ‘‘2006’’ in subsection (e) and (a) MODIFICATIONS TO NEW QUALIFIED FUEL Code, as added by this Act, is amended to inserting ‘‘2007’’. CELL MOTOR VEHICLE CREDIT.—Subsection (b) read as follows: (e) MODIFICATIONS TO EXTENSION OF DEDUC- of section 30B of the Internal Revenue Code ‘‘(h) APPLICATION OF SECTION.—This section TION FOR CERTAIN REFUELING PROPERTY.— of 1986, as added by this Act, is amended— shall apply to—— (1) IN GENERAL.—Subsection (f) of section ‘‘(1) any new qualified fuel cell motor vehi- (1) by striking ‘‘$4,000’’ in paragraph (1)(A) 179A of the Internal Revenue Code of 1986 is cle placed in service after December 31, 2003, and inserting ‘‘$6,000’’, amended to read as follows: and purchased before January 1, 2012, (2) by striking ‘‘$1,000’’ in paragraph ‘‘(f) TERMINATION.—This section shall not ‘‘(2) any new qualified hybrid motor vehi- (2)(A)(i) and inserting ‘‘$2,000’’, apply to any property placed in service— cle which is a passenger automobile or a (3) by striking ‘‘$1,500’’ in paragraph ‘‘(1) in the case of property relating to hy- light truck placed in service after December (2)(A)(ii) and inserting ‘‘$2,500’’, drogen, after December 31, 2011, and 31, 2002, and purchased before January 1, 2010, (4) by striking ‘‘$2,000’’ in paragraph ‘‘(2) in the case of any other property, after and (2)(A)(iii) and inserting ‘‘$3,000’’, December 31, 2007.’’. ‘‘(3) any other property placed in service (5) by striking ‘‘$2,500’’ in paragraph (2) EXTENSION OF PHASEOUT.—Section after September 30, 2002, and purchased be- (2)(A)(iv) and inserting ‘‘$3,500’’, 179A(b)(1)(B) of such Code, as amended by fore January 1, 2007.’’. (6) by striking ‘‘$3,000’’ in paragraph section 606(a) of the Job Creation and Work- (d) ADDITIONAL MODIFICATIONS TO CREDIT (2)(A)(v) and inserting ‘‘$4,000’’, er Assistance Act of 2002, is amended— FOR QUALIFIED ELECTRIC VEHICLES.—Section (7) by striking ‘‘$3,500’’ in paragraph (A) by striking ‘‘calendar year 2004’’ in 30 of the Internal Revenue Code of 1986, as (2)(A)(vi) and inserting ‘‘$4,500’’, clause (i) and inserting ‘‘calendar years 2004 amended by this Act, is amended— (8) by striking ‘‘$4,000’’ in paragraph and 2005 (calendar years 2004 through 2009 in (1) by striking ‘‘$3,500’’ in subsection (2)(A)(vii) and inserting ‘‘$5,000’’, and the case of property relating to hydrogen) ’’, (b)(1)(B)(i) and inserting ‘‘$6,000’’, (9) by striking the dash and all that follows (B) by striking ‘‘2005’’ in clause (ii) and in- (2) by striking ‘‘$6,000’’ in subsection through ‘‘for 2004’’ in paragraph (3)(B) and in- serting ‘‘2006 (calendar year 2010 in the case (b)(1)(B)(ii) and inserting ‘‘$9,000’’, and serting ‘‘for 2004’’. of property relating to hydrogen)’’, and (3) by striking ‘‘2006’’ in subsection (e) and (b) MODIFICATIONS TO NEW QUALIFIED HY- (C) by striking ‘‘2006’’ in clause (iii) and in- inserting ‘‘2007’’. BRID MOTOR VEHICLE CREDIT.—Subsection (c) serting ‘‘2007 (calendar year 2011 in the case (e) MODIFICATIONS TO EXTENSION OF DEDUC- of section 30B of the Internal Revenue Code TION FOR CERTAIN REFUELING PROPERTY.— of property relating to hydrogen)’’. of 1986, as added by this Act, is amended— (3) EFFECTIVE DATE.—The amendments (1) IN GENERAL.—Subsection (f) of section (1) by striking the table contained in para- 179A of the Internal Revenue Code of 1986 is made by this subsection shall apply to prop- graph (2)(A)(i) and inserting the following erty placed in service after December 31, amended to read as follows: new table: ‘‘(f) TERMINATION.—This section shall not 2003, in taxable years ending after such date. apply to any property placed in service— ‘‘If percentage of the The credit amount is: (f) MODIFICATION TO CREDIT FOR INSTALLA- ‘‘(1) in the case of property relating to hy- maximum available TION OF ALTERNATIVE FUELING STATIONS.— drogen, after December 31, 2011, and power is: Subsection (l) of section 30C of the Internal ‘‘(2) in the case of any other property, after At least 2.5 percent but less than Revenue Code of 1986, as added by this Act, is December 31, 2007.’’. 5 percent ...... $250 amended to read as follows: ‘‘(l) TERMINATION.—This section shall not (2) EXTENSION OF PHASEOUT.—Section At least 5 percent but less than 10 179A(b)(1)(B) of such Code, as amended by percent ...... $500 apply to any property placed in service— section 606(a) of the Job Creation and Work- At least 10 percent but less than ‘‘(1) in the case of property relating to hy- er Assistance Act of 2002, is amended— 20 percent ...... $750 drogen, after December 31, 2011, and (A) by striking ‘‘calendar year 2004’’ in At least 20 percent but less than ‘‘(2) in the case of any other property, after clause (i) and inserting ‘‘calendar years 2004 30 percent ...... $1,000 December 31, 2007.’’. FFECTIVE DATE.—Except as provided in and 2005 (calendar years 2004 through 2009 in At least 30 percent ...... $1,500.’’, (g) E subsection (e)(3), the amendments made by the case of property relating to hydrogen) ’’, (2) by striking ‘‘$500’’ in paragraph this section shall apply to property placed in (B) by striking ‘‘2005’’ in clause (ii) and in- (2)(B)(i)(I) and inserting ‘‘$1,000’’, service after September 30, 2002, in taxable serting ‘‘2006 (calendar year 2010 in the case (3) by striking ‘‘$1,000’’ in paragraph years ending after such date. of property relating to hydrogen)’’, and (2)(B)(i)(II) and inserting ‘‘$1,500’’, (C) by striking ‘‘2006’’ in clause (iii) and in- (4) by striking ‘‘$1,500’’ in paragraph (2)(B)(i)(III) and inserting ‘‘$2,000’’, SA 3323. Mr. LEVIN submitted an serting ‘‘2007 (calendar year 2011 in the case amendment intended to be proposed to of property relating to hydrogen)’’. (5) by striking ‘‘$2,000’’ in paragraph (2)(B)(i)(IV) and inserting ‘‘$2,500’’, amendment SA 2917 proposed by Mr. (3) EFFECTIVE DATE.—The amendments made by this subsection shall apply to prop- (6) by striking ‘‘$2,500’’ in paragraph DASCHLE (for himself, and Mr. BINGA- erty placed in service after December 31, (2)(B)(i)(V) and inserting ‘‘$3,000’’, MAN) to the bill (S. 517) to authorize 2003, in taxable years ending after such date. (7) by striking ‘‘$3,000’’ in paragraph funding the Department of Energy to (2)(B)(i)(VI) and inserting ‘‘$3,500’’, and (f) MODIFICATION TO CREDIT FOR INSTALLA- enhance its mission areas through TION OF ALTERNATIVE FUELING STATIONS.— (8) by striking ‘‘for 2002’’ in paragraph (3)(B)(i) and inserting ‘‘for 2003’’. technology transfer and partnerships Subsection (l) of section 30C of the Internal for fiscal years 2002 through 2006, and Revenue Code of 1986, as added by this Act, is (c) CONFORMING AMENDMENTS FOR VEHICLE amended to read as follows: CREDITS.— for other purposes; which was ordered ‘‘(l) TERMINATION.—This section shall not (1) Section 30B(f)(11)(A) of the Internal to lie on the table; as follows: apply to any property placed in service— Revenue Code of 1986, as added by this Act, is At the appropriate place, insert the fol- ‘‘(1) in the case of property relating to hy- amended by striking ‘‘September 30, 2002’’ lowing: drogen, after December 31, 2011, and and inserting ‘‘the effective date of this sec- SEC. ll. MODIFICATIONS TO THE INCENTIVES ‘‘(2) in the case of any other property, after tion’’. FOR ALTERNATIVE VEHICLES AND December 31, 2007.’’. (2) Subsection (h) of section 30B of such FUELS. (g) EFFECTIVE DATE.—Except as provided in Code, as added by this Act, is amended to (a) MODIFICATIONS TO NEW QUALIFIED FUEL subsection (e)(3), the amendments made by read as follows: CELL MOTOR VEHICLE CREDIT.—Subsection (b)

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of section 30B of the Internal Revenue Code (1) IN GENERAL.—Subsection (f) of section (A) regulations promulgated under section of 1986, as added by this Act, is amended— 179A of the Internal Revenue Code of 1986 is 1104(c)(1); and (1) by striking ‘‘$4,000’’ in paragraph (1)(A) amended to read as follows: (B) relevant standards and methods devel- and inserting ‘‘$6,000’’, ‘‘(f) TERMINATION.—This section shall not oped under this title. (2) by striking ‘‘$1,000’’ in paragraph apply to any property placed in service— (3) DATABASE.—The term ‘‘database’’ (2)(A)(i) and inserting ‘‘$2,000’’, ‘‘(1) in the case of property relating to hy- means the National Greenhouse Gas Data- (3) by striking ‘‘$1,500’’ in paragraph drogen, after December 31, 2011, and base established under section 1104. (2)(A)(ii) and inserting ‘‘$2,500’’, ‘‘(2) in the case of any other property, after (4) DESIGNATED AGENCY.—The term ‘‘des- (4) by striking ‘‘$2,000’’ in paragraph December 31, 2007.’’. ignated agency’’ means a department or (2)(A)(iii) and inserting ‘‘$3,000’’, (2) EXTENSION OF PHASEOUT.—Section agency to which responsibility for a function (5) by striking ‘‘$2,500’’ in paragraph 179A(b)(1)(B) of such Code, as amended by or program is assigned under the memo- (2)(A)(iv) and inserting ‘‘$3,500’’, section 606(a) of the Job Creation and Work- randum of agreement entered into under sec- (6) by striking ‘‘$3,000’’ in paragraph er Assistance Act of 2002, is amended— tion 1103(a). (2)(A)(v) and inserting ‘‘$4,000’’, (A) by striking ‘‘calendar year 2004’’ in (5) DIRECT EMISSIONS.—The term ‘‘direct (7) by striking ‘‘$3,500’’ in paragraph clause (i) and inserting ‘‘calendar years 2004 emissions’’ means greenhouse gas emissions (2)(A)(vi) and inserting ‘‘$4,500’’, and 2005 (calendar years 2004 through 2009 in by an entity from a facility that is owned or (8) by striking ‘‘$4,000’’ in paragraph the case of property relating to hydrogen) ’’, controlled by that entity. (2)(A)(vii) and inserting ‘‘$5,000’’, and (B) by striking ‘‘2005’’ in clause (ii) and in- (6) ENTITY.—The term ‘‘entity’’ means— (9) by striking the dash and all that follows serting ‘‘2006 (calendar year 2010 in the case (A) a person located in the United States; through ‘‘for 2004’’ in paragraph (3)(B) and in- of property relating to hydrogen)’’, and or serting ‘‘for 2004’’. (C) by striking ‘‘2006’’ in clause (iii) and in- (B) a public or private entity, to the extent (b) MODIFICATIONS TO NEW QUALIFIED HY- serting ‘‘2007 (calendar year 2011 in the case that the entity operates in the United BRID MOTOR VEHICLE CREDIT.—Subsection (c) of property relating to hydrogen)’’. States. of section 30B of the Internal Revenue Code (3) EFFECTIVE DATE.—The amendments (7) FACILITY.—The term ‘‘facility’’ means— of 1986, as added by this Act, is amended— made by this subsection shall apply to prop- (A) all buildings, structures, or installa- (1) by striking the table contained in para- erty placed in service after December 31, tions located on any 1 or more contiguous or graph (2)(A)(i) and inserting the following 2003, in taxable years ending after such date. adjacent properties of an entity in the new table: (f) MODIFICATION TO CREDIT FOR INSTALLA- United States; and TION OF ALTERNATIVE FUELING STATIONS.— (B) a fleet of 20 or more motor vehicles ‘‘If percentage of the The credit amount is: Subsection (l) of section 30C of the Internal under the common control of an entity. maximum available Revenue Code of 1986, as added by this Act, is (8) GREENHOUSE GAS.—The term ‘‘green- power is: amended to read as follows: house gas’’ means— At least 4 percent but less than 10 ‘‘(l) TERMINATION.—This section shall not (A) carbon dioxide; percent ...... $500 apply to any property placed in service— (B) methane; At least 10 percent but less than ‘‘(1) in the case of property relating to hy- (C) nitrous oxide; 20 percent ...... $750 drogen, after December 31, 2011, and (D) hydrofluorocarbons; At least 20 percent but less than ‘‘(2) in the case of any other property, after (E) perfluorocarbons; 30 percent ...... $1,000 December 31, 2007.’’. (F) sulfur hexafluoride; and At least 30 percent ...... $1,500.’’, (g) EFFECTIVE DATE.—Except as provided in (G) any other anthropogenic climate-forc- (2) by striking ‘‘$500’’ in paragraph subsection (e)(3), the amendments made by ing emissions with significant ascertainable (2)(B)(i)(I) and inserting ‘‘$1,000’’, this section shall apply to property placed in global warming potential, as— (3) by striking ‘‘$1,000’’ in paragraph service after September 30, 2002, in taxable (i) recommended by the National Academy (2)(B)(i)(II) and inserting ‘‘$1,500’’, years ending after such date. of Sciences under section 1107(b)(3); and (4) by striking ‘‘$1,500’’ in paragraph (ii) determined in regulations promulgated (2)(B)(i)(III) and inserting ‘‘$2,000’’, SA 3324. Mr. BROWNBACK (for him- under section 1104(c)(1) (or revisions to the (5) by striking ‘‘$2,000’’ in paragraph self, Mr. CORZINE, Mr. CHAFEE, and Mr. regulations) to be appropriate and prac- (2)(B)(i)(IV) and inserting ‘‘$2,500’’, JEFFORDS) submitted an amendment ticable for coverage under this title. (6) by striking ‘‘$2,500’’ in paragraph intended to be proposed to amendment (9) INDIRECT EMISSIONS.—The term ‘‘indi- (2)(B)(i)(V) and inserting ‘‘$3,000’’, SA 3239 submitted by Mr. BROWNBACK rect emissions’’ means greenhouse gas emis- (7) by striking ‘‘$3,000’’ in paragraph (for himself, Mr. CORZINE, Mr. sions that— (2)(B)(i)(VI) and inserting ‘‘$3,500’’, and LIEBERMAN, Mr. MCCAIN, Mr. JEFFORDS, (A) are a result of the activities of an enti- (8) by striking ‘‘for 2002’’ in paragraph ty; but Mr. CHAFEE, Mr. NELSON of Nebraska, (3)(B)(i) and inserting ‘‘for 2003’’. (B)(i) are emitted from a facility owned or (c) CONFORMING AMENDMENTS FOR VEHICLE and Mr. REID) and intended to be pro- controlled by another entity; and CREDITS.— posed to the amendment SA 2917 pro- (ii) are not reported as direct emissions by (1) Section 30B(f)(11)(A) of the Internal posed by Mr. DASCHLE (for himself and the entity the activities of which resulted in Revenue Code of 1986, as added by this Act, is Mr. BINGAMAN) to the bill (S. 517) to au- the emissions. amended by striking ‘‘September 30, 2002’’ thorize funding the Department of En- (10) REGISTRY.—The term ‘‘registry’’ means and inserting ‘‘the effective date of this sec- ergy to enhance its mission areas the registry of greenhouse gas emission re- tion’’. through technology transfer and part- ductions established as a component of the (2) Subsection (h) of section 30B of such database under section 1104(b)(2). Code, as added by this Act, is amended to nerships for fiscal years 2002 through 2006, and for other purposes; which was (11) SEQUESTRATION.— read as follows: (A) IN GENERAL.—The term ‘‘sequestra- ‘‘(h) APPLICATION OF SECTION.—This section ordered to lie on the table; as follows: tion’’ means the capture, long-term separa- shall apply to—— Strike all after the title heading and insert tion, isolation, or removal of greenhouse ‘‘(1) any new qualified fuel cell motor vehi- the following: gases from the atmosphere. cle placed in service after December 31, 2003, SEC. 1101. PURPOSE. (B) INCLUSIONS.—The term ‘‘sequestration’’ and purchased before January 1, 2012, The purpose of this title is to establish a includes— ‘‘(2) any new qualified hybrid motor vehi- greenhouse gas inventory, reductions reg- (i) soil carbon sequestration; cle which is a passenger automobile or a istry, and information system that— (ii) agricultural and conservation prac- light truck placed in service after December (1) are complete, consistent, transparent, tices; 31, 2002, and purchased before January 1, 2010, and accurate; (iii) reforestation; and (2) will create reliable and accurate data (iv) forest preservation; ‘‘(3) any other property placed in service that can be used by public and private enti- (v) maintenance of an underground res- after September 30, 2002, and purchased be- ties to design efficient and effective green- ervoir; and fore January 1, 2007.’’. house gas emission reduction strategies; and (vi) any other appropriate biological or ge- (d) ADDITIONAL MODIFICATIONS TO CREDIT (3) will acknowledge and encourage green- ological method of capture, isolation, or re- FOR QUALIFIED ELECTRIC VEHICLES.—Section house gas emission reductions. moval of greenhouse gases from the atmos- 30 of the Internal Revenue Code of 1986, as SEC. 1102. DEFINITIONS. phere, as determined by the Administrator. amended by this Act, is amended— In this title: SEC. 1103. ESTABLISHMENT OF MEMORANDUM (1) by striking ‘‘$3,500’’ in subsection (1) ADMINISTRATOR.—The term ‘‘Adminis- OF AGREEMENT. (b)(1)(B)(i) and inserting ‘‘$6,000’’, trator’’ means the Administrator of the En- (a) IN GENERAL.—Not later than 1 year (2) by striking ‘‘$6,000’’ in subsection vironmental Protection Agency. after the date of enactment of this Act, the (b)(1)(B)(ii) and inserting ‘‘$9,000’’, and (2) BASELINE.—The term ‘‘baseline’’ means President, acting through the Director of the (3) by striking ‘‘2006’’ in subsection (e) and the historic greenhouse gas emission levels Office of National Climate Change Policy, inserting ‘‘2007’’. of an entity, as adjusted upward by the des- shall direct the Secretary of Energy, the (e) MODIFICATIONS TO EXTENSION OF DEDUC- ignated agency to reflect actual reductions Secretary of Commerce, the Secretary of Ag- TION FOR CERTAIN REFUELING PROPERTY.— that are verified in accordance with— riculture, the Secretary of Transportation,

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and the Administrator to enter into a memo- (d) NO JUDICIAL REVIEW.—The final version (1) REQUIRED REPORT.—Not later than April randum of agreement under which those of the memorandum of agreement shall not 1 of the third calendar year that begins after heads of Federal agencies will— be subject to judicial review. the date of enactment of this Act, and not (1) recognize and maintain statutory and SEC. 1104. NATIONAL GREENHOUSE GAS DATA- later than April 1 of each calendar year regulatory authorities, functions, and pro- BASE. thereafter, subject to paragraph (3), an enti- grams that— (a) ESTABLISHMENT.—As soon as prac- ty described in subsection (a) shall submit to (A) are established as of the date of enact- ticable after the date of enactment of this each appropriate designated agency a report ment of this Act under other law; Act, the designated agencies, in consultation that describes, for the preceding calendar (B) provide for the collection of data relat- with the private sector and nongovernmental year, the entity-wide greenhouse gas emis- ing to greenhouse gas emissions and effects; organizations, shall jointly establish, oper- sions (as reported at the facility level), and ate, and maintain a database, to be known as including— (C) are necessary for the operation of the the ‘‘National Greenhouse Gas Database’’, to (A) the total quantity of each greenhouse database; collect, verify, and analyze information on gas emitted, expressed in terms of mass and (2)(A) distribute additional responsibilities greenhouse gas emissions by entities. in terms of the quantity of carbon dioxide and activities identified under this title to (b) NATIONAL GREENHOUSE GAS DATABASE equivalent; Federal departments or agencies in accord- COMPONENTS.—The database shall consist (B) an estimate of the emissions from prod- ance with the missions and expertise of those of— ucts manufactured and sold by the entity in departments and agencies; and (1) an inventory of greenhouse gas emis- the previous calendar year, determined over (B) maximize the use of available resources sions; and the average lifetime of those products; and of those departments and agencies; and (2) a registry of greenhouse gas emission (C) such other categories of emissions as (3) provide for the comprehensive collec- reductions. the designated agency determines in the reg- tion and analysis of data on greenhouse gas (c) COMPREHENSIVE SYSTEM.— ulations promulgated under section 1104(c)(1) emissions relating to product use (including (1) IN GENERAL.—Not later than 2 years may be practicable and useful for the pur- the use of fossil fuels and energy-consuming after the date of enactment of this Act, the poses of this title, such as— appliances and vehicles). designated agencies shall jointly promulgate (i) direct emissions from stationary (b) MINIMUM REQUIREMENTS.—The memo- regulations to implement a comprehensive sources; randum of agreement entered into under sub- system for greenhouse gas emissions report- (ii) indirect emissions from imported elec- section (a) shall, at a minimum, retain the ing, inventorying, and reductions registra- tricity, heat, and steam; following functions for the designated agen- tion. (iii) process and fugitive emissions; and cies: (2) REQUIREMENTS.—The designated agen- (iv) production or importation of green- (1) DEPARTMENT OF ENERGY.—The Sec- cies shall ensure, to the maximum extent house gases. retary of Energy shall be primarily respon- practicable, that— (2) VOLUNTARY REPORTING.—An entity de- sible for developing, maintaining, and (A) the comprehensive system described in scribed in subsection (a) may (along with es- verifying the registry and the emission re- paragraph (1) is designed to— tablishing a baseline and reporting reduc- ductions reported under section 1605(b) of the (i) maximize completeness, transparency, tions under this section)— Energy Policy Act of 1992 (42 U.S.C. 13385(b)). and accuracy of information reported; and (A) submit a report described in paragraph (2) DEPARTMENT OF COMMERCE.—The Sec- (ii) minimize costs incurred by entities in (1) before the date specified in that para- retary of Commerce shall be primarily re- measuring and reporting greenhouse gas graph for the purposes of achieving and sponsible for the development of— emissions; and commoditizing greenhouse gas reductions (A) measurement standards for the moni- (B) the regulations promulgated under through use of the registry; and toring of emissions; and paragraph (1) establish procedures and proto- (B) submit to any designated agency, for (B) verification technologies and methods cols necessary— to ensure the maintenance of a consistent (i) to prevent the reporting of some or all inclusion in the registry, information that and technically accurate record of emissions, of the same greenhouse gas emissions or has been verified in accordance with regula- emission reductions, and atmospheric con- emission reductions by more than 1 report- tions promulgated under section 1104(c)(1) centrations of greenhouse gases for the data- ing entity; and that relates to— base. (ii) to provide for corrections to errors in (i) with respect to the calendar year pre- (3) ENVIRONMENTAL PROTECTION AGENCY.— data submitted to the database; ceding the calendar year in which the infor- The Administrator shall be primarily respon- (iii) to provide for adjustment to data by mation is submitted, and with respect to any sible for— reporting entities that have had a significant greenhouse gas emitted by the entity— (A) emissions monitoring, measurement, organizational change (including mergers, (I) project reductions from facilities owned verification, and data collection under this acquisitions, and divestiture), in order to or controlled by the reporting entity in the title and title IV (relating to acid deposition maintain comparability among data in the United States; control) and title VIII of the Clean Air Act database over time; (II) transfers of project reductions to and (42 U.S.C. 7651 et seq.), including mobile (iv) to provide for adjustments to reflect from any other entity; source emissions information from imple- new technologies or methods for measuring (III) project reductions and transfers of mentation of the corporate average fuel or calculating greenhouse gas emissions; and project reductions outside the United States; economy program under chapter 329 of title (v) to account for changes in registration (IV) other indirect emissions that are not 49, United States Code; and of ownership of emission reductions result- required to be reported under paragraph (1); (B) responsibilities of the Environmental ing from a voluntary private transaction be- and Protection Agency relating to completion of tween reporting entities. (V) product use phase emissions; the national inventory for compliance with SEC. 1105. GREENHOUSE GAS REDUCTION RE- (ii) with respect to greenhouse gas emis- the United Nations Framework Convention PORTING. sion reductions activities of the entity that on Climate Change, done at New York on (a) IN GENERAL.—An entity that partici- have been carried out during or after 1990, May 9, 1992. pates in the registry shall meet the require- verified in accordance with regulations pro- (4) DEPARTMENT OF AGRICULTURE.—The ments described in subsection (b). mulgated under section 1104(c)(1), and sub- Secretary of Agriculture shall be primarily (b) REQUIREMENTS.— mitted to 1 or more designated agencies be- responsible for— (1) IN GENERAL.—The requirements referred fore the date that is 4 years after the date of (A) developing measurement techniques to in subsection (a) are that an entity (other enactment of this Act, any greenhouse gas for— than an entity described in paragraph (2)) emission reductions that have been reported (i) soil carbon sequestration; and shall— or submitted by an entity under— (ii) forest preservation and reforestation (A) establish a baseline (including all of (I) section 1605(b) of the Energy Policy Act activities; and the entity’s greenhouse gas emissions on an of 1992 (42 U.S.C. 13385(b)); or (B) providing technical advice relating to entity-wide basis); and (II) any other Federal or State voluntary biological carbon sequestration measure- (B) submit the report described in sub- greenhouse gas reduction program; and ment and verification standards for meas- section (c)(1). (iii) any project or activity for the reduc- uring greenhouse gas emission reductions or (2) REQUIREMENTS APPLICABLE TO ENTITIES tion of greenhouse gas emissions or seques- offsets. ENTERING INTO CERTAIN AGREEMENTS.—An en- tration of a greenhouse gas that is carried (c) DRAFT MEMORANDUM OF AGREEMENT.— tity that enters into an agreement with a out by the entity, including a project or ac- Not later than 15 months after the date of participant in the registry for the purpose of tivity relating to— enactment of this Act, the President, acting a carbon sequestration project shall not be (I) fuel switching; through the Director of the Office of Na- required to comply with the requirements (II) energy efficiency improvements; tional Climate Change Policy, shall publish specified in paragraph (1) unless that entity (III) use of renewable energy; in the Federal Register, and solicit com- is required to comply with the requirements (IV) use of combined heat and power sys- ments on, a draft version of the memo- by reason of an activity other than the tems; randum of agreement described in subsection agreement. (V) management of cropland, grassland, or (a). (c) REPORTS.— grazing land;

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(VI) a forestry activity that increases for- (A) IN GENERAL.—The designated agencies (B) other proprietary information of the est carbon stocks or reduces forest carbon shall ensure, to the maximum extent prac- entity. emissions; ticable, that information in the database is— (3) DISCLOSURE FOR VALIDITY.—Notwith- (VII) carbon capture and storage; (i) published; standing paragraph (2), proprietary informa- (VIII) methane recovery; (ii) accessible to the public; and tion shall be made available to the public if (IX) greenhouse gas offset investment; and (iii) made available in electronic format on 1 or more of the designated agencies deter- (X) any other practice for achieving green- the Internet. mine that disclosure of the information is house gas reductions as recognized by 1 or (B) EXCEPTION.—Subparagraph (A) shall necessary to determine the validity of emis- more designated agencies. not apply in any case in which the des- sion reductions that have been— (3) EXEMPTIONS FROM REPORTING.— ignated agencies determine that publishing (A) recorded in the registry; and (A) IN GENERAL.—If the Director of the Of- or otherwise making available information (B) transferred or traded based on value fice of National Climate Change Policy de- described in that subparagraph poses a risk created through recording in the registry. termines under section 1108(b) that the re- to national security. SEC. 1106. MEASUREMENT AND VERIFICATION. porting requirements under paragraph (1) (8) DATA INFRASTRUCTURE.—The designated (a) STANDARDS.— shall apply to all entities (other than enti- agencies shall ensure, to the maximum ex- (1) IN GENERAL.—Not later than 1 year after ties exempted by this paragraph), regardless tent practicable, that the database uses, and the date of enactment of this Act, the des- of participation or nonparticipation in the is integrated with, Federal, State, and re- ignated agencies shall jointly develop com- registry, an entity shall be required to sub- gional greenhouse gas data collection and re- prehensive measurement and verification mit reports under paragraph (1) only if, in porting systems in effect as of the date of en- methods and standards to ensure a con- any calendar year after the date of enact- actment of this Act. sistent and technically accurate record of ment of this Act— (9) ADDITIONAL ISSUES TO BE CONSIDERED.— greenhouse gas emissions, emission reduc- In promulgating the regulations under sec- (i) the total greenhouse gas emissions of at tions, sequestration, and atmospheric con- tion 1104(c)(1) and implementing the data- least 1 facility owned by the entity exceeds centrations for use in the registry. base, the designated agencies shall take into 10,000 metric tons of carbon dioxide equiva- (2) REQUIREMENTS.—The methods and consideration a broad range of issues in- lent (or such greater quantity as may be es- standards developed under paragraph (1) volved in establishing an effective database, tablished by a designated agency by regula- shall address the need for— including— tion); or (A) standardized measurement and (A) the appropriate units for reporting (ii)(I) the total quantity of greenhouse verification practices for reports made by all each greenhouse gas; gases produced, distributed, or imported by entities participating in the registry, taking (B) the data and information systems and the entity exceeds 10,000 metric tons of car- into account— measures necessary to identify, track, and bon dioxide equivalent (or such greater quan- (i) protocols and standards in use by enti- verify greenhouse gas emission reductions in tity as may be established by a designated ties desiring to participate in the registry as a manner that will encourage the develop- of the date of development of the methods agency by regulation); and ment of private sector trading and ex- (II) the entity is not a feedlot or other and standards under paragraph (1); changes; (ii) boundary issues, such as leakage and farming operation (as defined in section 101 (C) the greenhouse gas reduction and se- of title 11, United States Code). shifted use; questration methods and standards applied (iii) avoidance of double counting of green- (B) ENTITIES ALREADY REPORTING.— in other countries, as applicable or relevant; house gas emissions and emission reductions; (i) IN GENERAL.—An entity that, as of the (D) the extent to which available fossil date of enactment of this Act, is required to and fuels, greenhouse gas emissions, and green- (iv) such other factors as the designated report carbon dioxide emissions data to a house gas production and importation data Federal agency shall not be required to re-re- agencies determine to be appropriate; are adequate to implement the database; (B) measurement and verification of ac- port that data for the purposes of this title. (E) the differences in, and potential tions taken to reduce, avoid, or sequester (ii) REVIEW OF PARTICIPATION.—For the pur- uniqueness of, the facilities, operations, and greenhouse gas emissions; pose of section 1108, emissions reported business and other relevant practices of per- (C) in coordination with the Secretary of under clause (i) shall be considered to be re- sons and entities in the private and public Agriculture, measurement of the results of ported by the entity to the registry. sectors that may be expected to participate the use of carbon sequestration and carbon (4) PROVISION OF VERIFICATION INFORMATION in the registry; and recapture technologies, including— BY REPORTING ENTITIES.—Each entity that (F) the need of the registry to maintain (i) organic soil carbon sequestration prac- submits a report under this subsection shall valid and reliable information on baselines tices; and provide information sufficient for each des- of entities so that, in the event of any future (ii) forest preservation and reforestation ignated agency to which the report is sub- action by Congress to require entities, indi- activities that adequately address the issues mitted to verify, in accordance with meas- vidually or collectively, to reduce green- of permanence, leakage, and verification; urement and verification methods and stand- house gas emissions, Congress will be able— (D) such other measurement and ards developed under section 1106, that the (i) to take into account that information; verification standards as the Secretary of greenhouse gas report of the reporting and Commerce, the Secretary of Agriculture, the entity— (ii) to avoid enacting legislation that pe- Administrator, and the Secretary of Energy (A) has been accurately reported; and nalizes entities for achieving and reporting determine to be appropriate; and (B) in the case of each voluntary report reductions. (E) other factors that, as determined by under paragraph (2), represents— (d) ANNUAL REPORT.—The designated agen- the designated agencies, will allow entities (i) actual reductions in direct greenhouse cies shall jointly publish an annual report to adequately establish a fair and reliable gas emissions— that— measurement and reporting system. (I) relative to historic emission levels of (1) describes the total greenhouse gas emis- (b) REVIEW AND REVISION.—The designated the entity; and sions and emission reductions reported to agencies shall periodically review, and revise (II) net of any increases in— the database during the year covered by the as necessary, the methods and standards de- (aa) direct emissions; and report; veloped under subsection (a). (bb) indirect emissions described in para- (2) provides entity-by-entity and sector-by- (c) PUBLIC PARTICIPATION.—The Secretary graph (1)(C)(ii); or sector analyses of the emissions and emis- of Commerce shall— (ii) actual increases in net sequestration. sion reductions reported; (1) make available to the public for com- (5) FAILURE TO SUBMIT REPORT.—An entity (3) describes the atmospheric concentra- ment, in draft form and for a period of at that participates or has participated in the tions of greenhouse gases; and least 90 days, the methods and standards de- registry and that fails to submit a report re- (4) provides a comparison of current and veloped under subsection (a); and quired under this subsection shall be prohib- past atmospheric concentrations of green- (2) after the 90-day period referred to in ited from including emission reductions re- house gases. paragraph (1), in coordination with the Sec- ported to the registry in the calculation of (e) CONFIDENTIALITY OF REPORTS.— retary of Energy, the Secretary of Agri- the baseline of the entity in future years. (1) IN GENERAL.—Subject to section 552 of culture, and the Administrator, adopt the (6) INDEPENDENT THIRD-PARTY title 5, United States Code, information col- methods and standards developed under sub- VERIFICATION.—To meet the requirements of lected and maintained in the database by a section (a) for use in implementing the data- this section and section 1106, a entity that is designated agency shall be made available to base. required to submit a report under this sec- the public. (d) EXPERTS AND CONSULTANTS.— tion may— (2) EXCEPTION.—Notwithstanding para- (1) IN GENERAL.—The designated agencies (A) obtain independent third-party graph (1), a designated agency shall not dis- may obtain the services of experts and con- verification; and close information obtained under this sec- sultants in the private and nonprofit sectors (B) present the results of the third-party tion directly or indirectly from an entity, if in accordance with section 3109 of title 5, verification to each appropriate designated such information would, upon being made United States Code, in the areas of green- agency. public, disclose— house gas measurement, certification, and (7) AVAILABILITY OF DATA.— (A) a trade secret; or emission trading.

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(2) AVAILABLE ARRANGEMENTS.—In obtain- 1105(c)(1) or 1108 fails to comply with that re- (i) the limited availability of land for ing any service described in paragraph (1), quirement, the Attorney General may, at the waste disposal; or the designated agencies may use any avail- request of the designated agencies, bring a (ii) a high level of demand for fuel ethanol able grant, contract, cooperative agreement, civil action in United States district court or other commercial byproducts of the facil- or other arrangement authorized by law. against the entity to impose on the entity a ity. SEC. 1107. INDEPENDENT REVIEWS. civil penalty of not more than $25,000 for (6) MATURITY.—A loan guaranteed under (a) IN GENERAL.—Not later than 5 years each day for which the entity fails to comply paragraph (2) shall have a maturity of not after the date of enactment of this Act, and with that requirement. more than 20 years. every 3 years thereafter, the Comptroller SEC. 1110. REPORT ON STATUTORY CHANGES (7) TERMS AND CONDITIONS.—The loan General of the United States shall submit to AND HARMONIZATION. agreement for a loan guaranteed under para- Congress a report that— Not later than 3 years after the date of en- graph (2) shall provide that no provision of (1) describes the efficacy of the implemen- actment of this Act, the President shall sub- the loan agreement may be amended or tation and operation of the database; and mit to Congress a report that describes any waived without the consent of the Secretary. (2) includes any recommendations for im- modifications to this title or any other pro- (8) ASSURANCE OF REPAYMENT.—The Sec- provements to this title and programs car- vision of law that are necessary to improve retary shall require that an applicant for a ried out under this title— the accuracy or operation of the database loan guarantee under paragraph (2) provide (A) to achieve a consistent and technically and related programs under this title. an assurance of repayment in the form of a accurate record of greenhouse gas emissions, SEC. 1111. AUTHORIZATION OF APPROPRIATIONS. performance bond, insurance, collateral, or emission reductions, and atmospheric con- There are authorized to be appropriated other means acceptable to the Secretary in centrations; and such sums as are necessary to carry out this an amount equal to not less than 20 percent (B) to achieve the purposes of this title. title. of the amount of the loan. (b) REVIEW OF SCIENTIFIC METHODS.—The (9) GUARANTEE FEE.—The recipient of a designated agencies shall enter into an SA 3325. Mr. SHELBY (for himself, loan guarantee under paragraph (2) shall pay agreement with the National Academy of Mr. AKAKA, Mr. SCHUMER, and Mrs. the Secretary an amount determined by the Sciences under which the National Academy Secretary to be sufficient to cover the ad- CLINTON) submitted an amendment in- of Sciences shall— ministrative costs of the Secretary relating (1) review the scientific methods, assump- tended to be proposed to amendment to the loan guarantee. tions, and standards used by the designated SA 2917 proposed by Mr. DASCHLE (for (10) FULL FAITH AND CREDIT.—The full faith agencies in implementing this title; himself and Mr. BINGAMAN) to the bill and credit of the United States is pledged to (2) not later than 4 years after the date of (S. 517) to authorize funding the De- the payment of all guarantees made under enactment of this Act, submit to Congress a partment of Energy to enhance its mis- this section. Any such guarantee made by report that describes any recommendations sion areas through technology transfer the Secretary shall be conclusive evidence of for improving— and partnerships for fiscal years 2002 the eligibility of the loan for the guarantee (A) those methods and standards; and through 2006, and for other purposes; with respect to principal and interest. The (B) related elements of the programs, and validity of the guarantee shall be incontest- structure of the database, established by this which was ordered to lie on the table; able in the hands of a holder of the guaran- title; and as follows: teed loan. (3) regularly review and update as appro- On page 205, between lines 8 and 9, insert (11) REPORTS.—Until each guaranteed loan priate the list of anthropogenic climate-forc- the following: under this section has been repaid in full, the ing emissions with significant global warm- (f) ESTABLISHMENT OF A PROGRAM FOR THE Secretary shall annually submit to the Con- ing potential described in section 1102(8)(G). PRODUCTION OF FUEL ETHANOL FROM MUNIC- gress a report on the activities of the Sec- SEC. 1108. REVIEW OF PARTICIPATION. IPAL SOLID WASTE.— retary under this section. (a) IN GENERAL.—Not later than 5 years (1) DEFINITION OF MUNICIPAL SOLID WASTE.— (12) TERMINATION OF AUTHORITY.—The au- after the date of enactment of this Act, the In this section, the term ‘‘municipal solid thority of the Secretary to issue a loan guar- Director of the Office of National Climate waste’’ has the meaning given the term antee under paragraph (2) terminates on the Change Policy shall determine whether the ‘‘solid waste’’ in section 1004 of the Solid date that is 10 years after the date of enact- reports submitted to the registry under sec- Waste Disposal Act (42 U.S.C. 6903). ment of this Act. tion 1105(c)(1) represent less than 60 percent (2) ESTABLISHMENT OF PROGRAM.—The Sec- of the national aggregate anthropogenic retary of Energy shall establish a program SA 3326. Mrs. MURRAY (for herself greenhouse gas emissions. that promotes expedited construction of fa- and Ms. CANTWELL) submitted an (b) INCREASED APPLICABILITY OF REQUIRE- cilities for the processing and conversion of amendment intended to be proposed to MENTS.—If the Director of the Office of Na- municipal solid waste into fuel ethanol to tional Climate Change Policy determines supplement fossil fuel. amendment SA 2917 proposed by Mr. under subsection (a) that less than 60 percent (3) AUTHORIZATION OF APPROPRIATIONS.— DASCHLE (for himself and Mr. BINGA- of the aggregate national anthropogenic There are authorized to be appropriated such MAN) to the bill (S. 517) to authorize greenhouse gas emissions are being reported sums as are necessary to carry out programs funding the Department of Energy to to the registry— that promote expedited construction * * *. enhance its mission areas through (1) the reporting requirements under sec- (4) REQUIREMENTS.—The Secretary may technology transfer and partnerships tion 1105(c)(1) shall apply to all entities (ex- provide a loan guarantee under paragraph (2) for fiscal years 2002 through 2006, and cept entities exempted under section to an applicant if— 1105(c)(3)), regardless of any participation or (A) without a loan guarantee, credit is not for other purposes; which was ordered nonparticipation by the entities in the reg- available to the applicant under reasonable to lie on the table; as follows: istry; and terms or conditions sufficient to finance the In Division H, beginning on page 103, line (2) each entity shall submit a report de- construction of a facility described in para- 19, strike all through page 104, line 7, and in- scribed in section 1105(c)(1)— graph (2); sert the following: (A) not later than the earlier of— (B) the prospective earning power of the ‘‘(i) generates at least 0.5 kilowatt of elec- (i) April 30 of the calendar year imme- applicant and the character and value of the tricity using an electrochemical process, and diately following the year in which the Di- security pledged provide a reasonable assur- ‘‘(ii) has an electricity-only generation ef- rector of the Office of National Climate ance of repayment of the loan to be guaran- ficiency greater than 30 percent. Change Policy makes the determination teed in accordance with the terms of the ‘‘(B) LIMITATION.—In the case of qualified under subsection (a); or loan; and fuel cell property placed in service during (ii) the date that is 1 year after the date on (C) the loan bears interest at a rate deter- the taxable year, the credit determined which the Director of the Office of National mined by the Secretary to be reasonable, under paragraph (1) for such year with re- Climate Change Policy makes the deter- taking into account the current average spect to such property shall not exceed an mination under subsection (a); and yield on outstanding obligations of the amount equal to the lesser of— (B) annually thereafter. United States with remaining periods of ma- ‘‘(i) 30 percent of the basis of such prop- (c) RESOLUTION OF DISAPPROVAL.—For the turity comparable to the maturity of the erty, or purposes of this section, the determination loan. ‘‘(ii) $500 for each 0.5 kilowatt of capacity of the Director of the Office of National Cli- (5) CRITERIA.—In selecting recipients of of such property. mate Change Policy under subsection (a) loan guarantees from among applicants, the shall be considered to be a major rule (as de- Secretary shall give preference to proposals SA 3327. Mr. REID (for Mr. THOMP- fined in section 804(2) of title 5, United that— SON) proposed an amendment to the States Code) subject to the congressional (A) meet all applicable Federal and State bill H.R. 169, to require that Federal disapproval procedure under section 802 of permitting requirements; title 5, United States Code. (B) are most likely to be successful; and agencies be accountable for violations SEC. 1109. ENFORCEMENT. (C) are located in local markets that have of antidiscrimination and whistle- If an entity that is required to report the greatest need for the facility because blower protection laws, and for other greenhouse gas emissions under section of— purposes; as follows:

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.129 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3223 On page ll, insert between lines ll and DASCHLE (for himself and Mr. BINGA- subsection (c) shall apply for purposes of this ll the following: MAN) to the bill (S. 517) to authorize subsection.’’. (c) STUDIES ON STATUTORY EFFECTS ON funding the Department of Energy to (2) CONFORMING AMENDMENTS.— AGENCY OPERATIONS.— enhance its mission areas through (A) Section 4041 is amended by adding at (1) IN GENERAL.—Not later than 18 months the end the following new subsection: after the date of enactment of this Act, the technology transfer and partnerships ‘‘(n) BIODIESEL MIXTURES.—Under regula- General Accounting Office shall conduct— for fiscal years 2002 through 2006, and tions prescribed by the Secretary, in the case (A) a study on the effects of section 201 on for other purposes; which was ordered of the sale or use of a qualified biodiesel mix- the operations of Federal agencies; and to lie on the table; as follows: ture (as defined in section 40B(b)(2)), the (B) a study on the effects of section 13 of In Division H, beginning on page 68, line 22, rates under paragraphs (1) and (2) of sub- the Contract Disputes Act of 1978 (41 U.S.C. strike all through page 72, line 19, and insert: section (a) shall be the otherwise applicable 612) on the operations of Federal agencies. ‘‘(f) TERMINATION.—This section shall not rates, reduced by any applicable biodiesel (2) CONTENTS.—Each study under para- apply to any fuel sold after December 31, mixture rate (as defined in section graph (1) shall include, with respect to the 2009.’’. 40B(b)(1)(B)).’’. applicable statutes of the study— (2) CREDIT TREATED AS PART OF GENERAL (B) Section 6427 is amended by redesig- (A) a summary of the number of cases in BUSINESS CREDIT.—Section 38(b), as amended nating subsection (p) as subsection (q) and which a payment was made in accordance by this Act, is amended by striking ‘‘plus’’ at by inserting after subsection (o) the fol- with section 2414, 2517, 2672, or 2677 of title 28, the end of paragraph (15), by striking the pe- lowing new subsection: ‘‘(p) BIODIESEL MIXTURES.—Except as pro- United States Code, and under section 1304 of riod at the end of paragraph (16) and insert- vided in subsection (k), if any diesel fuel on title 31, United States Code; ing ‘‘, plus’’, and by adding at the end the which tax was imposed by section 4081 at a (B) a summary of the length of time Fed- following new paragraph: rate not determined under section 4081(f) is eral agencies used to complete reimburse- ‘‘(17) the biodiesel fuels credit determined under section 40B(a).’’. used by any person in producing a qualified ments of payments described under subpara- biodiesel mixture (as defined in section graph (A); and (3) CONFORMING AMENDMENTS.— (A) Section 39(d), as amended by this Act, 40B(b)(2)) which is sold or used in such per- (C) conclusions that assist in making de- son’s trade or business, the Secretary shall terminations on how the reimbursements of is amended by adding at the end the fol- lowing new paragraph: pay (without interest) to such person an payments described under subparagraph (A) amount equal to the per gallon applicable ‘‘(12) NO CARRYBACK OF BIODIESEL FUELS will affect— biodiesel mixture rate (as defined in section CREDIT BEFORE JANUARY 1, 2003.—No portion of (i) the operations of Federal agencies; 40B(b)(1)(B)) with respect to such fuel.’’. the unused business credit for any taxable (ii) funds appropriated on an annual basis; (3) EFFECTIVE DATE.—The amendments year which is attributable to the biodiesel (iii) employee relations and other human made by this subsection shall apply to any fuels credit determined under section 40B capital matters; fuel sold after December 31, 2002, and before may be carried back to a taxable year begin- (iv) settlements; and January 1, 2010. (v) any other matter determined by the ning before January 1, 2003.’’. General Accounting Office to be appropriate (B) Section 196(c) is amended by striking SA 3330. Mr. HARKIN submitted an for consideration. ‘‘and’’ at the end of paragraph (9), by strik- amendment intended to be proposed to (3) REPORTS.—Not later than 90 days after ing the period at the end of paragraph (10), amendment SA 2917 proposed by Mr. and by adding at the end the following new the completion of each study under para- DASCHLE (for himself, and Mr. BINGA- graph (1), the General Accounting Office paragraph: MAN) to the bill (S. 517) to authorize shall submit a report on each study, respec- ‘‘(11) the biodiesel fuels credit determined tively, to the Speaker of the House of Rep- under section 40B(a).’’. funding the Department of Energy to resentatives, the President pro tempore of (C) Section 6501(m), as amended by this enhance its mission areas through the Senate, the Committee on Governmental Act, is amended by inserting ‘‘40B(e),’’ after technology transfer and partnerships Affairs of the Senate, the Committee on Gov- ‘‘40(f),’’. for fiscal years 2002 through 2006, and ernment Reform of the House of Representa- (D) The table of sections for subpart D of for other purposes; which was ordered tives, and the Attorney General. part IV of subchapter A of chapter 1, as to lie on the table; as follows: amended by this Act, is amended by adding In Division H, beginning on page 68, line 22, SA 3328. Mr. REID (for Mr. THOMP- after the item relating to section 40A the fol- strike all through page 72, line 19, and insert: lowing new item: SON) proposed an amendment to the ‘‘(f) TERMINATION.—This section shall not bill H.R. 169, to require that Federal ‘‘Sec. 40B. Biodiesel used as fuel.’’. apply to any fuel sold after December 31, 2007.’’. agencies be accountable for violations (4) EFFECTIVE DATE.—The amendments (2) CREDIT TREATED AS PART OF GENERAL of antidiscrimination and whistle- made by this subsection shall apply to tax- BUSINESS CREDIT.—Section 38(b), as amended able years beginning after December 31, 2002. blower protection laws, and for other by this Act, is amended by striking ‘‘plus’’ at (b) REDUCTION OF MOTOR FUEL EXCISE purposes; as follows: the end of paragraph (15), by striking the pe- TAXES ON BIODIESEL MIXTURES.— On page , insert between lines and riod at the end of paragraph (16) and insert- ll ll (1) IN GENERAL.—Section 4081 (relating to ing ‘‘, plus’’, and by adding at the end the ll the following: manufacturers tax on petroleum products) is following new paragraph: (c) STUDY ON ADMINISTRATIVE AND PER- amended by adding at the end the following ‘‘(17) the biodiesel fuels credit determined SONNEL COSTS INCURRED BY THE DEPARTMENT new subsection: under section 40B(a).’’. OF THE TREASURY.— ‘‘(f) BIODIESEL MIXTURES.—Under regula- (1) IN GENERAL.—Not later than 1 year after tions prescribed by the Secretary— (3) CONFORMING AMENDMENTS.— (A) Section 39(d), as amended by this Act, the date of enactment of this Act, the Gen- ‘‘(1) IN GENERAL.—In the case of the re- eral Accounting Office shall conduct a study moval or entry of a qualified biodiesel mix- is amended by adding at the end the fol- on the extent of any administrative and per- ture, the rate of tax under subsection (a) lowing new paragraph: sonnel costs incurred by the Department of shall be the otherwise applicable rate re- ‘‘(12) NO CARRYBACK OF BIODIESEL FUELS the Treasury to account for payments made duced by the biodiesel mixture rate (if any) CREDIT BEFORE JANUARY 1, 2003.—No portion of in accordance with section 2414, 2517, 2672, or applicable to the mixture. the unused business credit for any taxable year which is attributable to the biodiesel 2677 of title 28, United States Code, and ‘‘(2) TAX PRIOR TO MIXING.— fuels credit determined under section 40B under section 1304 of title 31, United States ‘‘(A) IN GENERAL.—In the case of the re- Code, as a result of— moval or entry of diesel fuel for use in pro- may be carried back to a taxable year begin- (A) this Act; and ducing at the time of such removal or entry ning before January 1, 2003.’’. (B) the Contracts Dispute Act of 1978 (41 a qualified biodiesel mixture, the rate of tax (B) Section 196(c) is amended by striking U.S.C. 601 note; Public Law 95–563). under subsection (a) shall be the rate deter- ‘‘and’’ at the end of paragraph (9), by strik- (2) REPORT.—Not later than 90 days after mined under subparagraph (B). ing the period at the end of paragraph (10), and by adding at the end the following new the completion of the study under paragraph ‘‘(B) DETERMINATION OF RATE.—For pur- (1), the General Accounting Office shall sub- poses of subparagraph (A), the rate deter- paragraph: mit a report on the study to the Speaker of mined under this subparagraph is the rate ‘‘(11) the biodiesel fuels credit determined the House of Representatives, the President determined under paragraph (1), divided by a under section 40B(a).’’. pro tempore of the Senate, the Committee on percentage equal to 100 percent minus the (C) Section 6501(m), as amended by this Governmental Affairs of the Senate, the percentage of biodiesel which will be in the Act, is amended by inserting ‘‘40B(e),’’ after Committee on Government Reform of the mixture. ‘‘40(f),’’. (D) The table of sections for subpart D of House of Representatives, and the Attorney ‘‘(3) DEFINITIONS.—For purposes of this sub- General. section, any term used in this subsection part IV of subchapter A of chapter 1, as which is also used in section 40B shall have amended by this Act, is amended by adding SA 3329. Mr. HARKIN submitted an the meaning given such term by section 40B. after the item relating to section 40A the fol- lowing new item: amendment intended to be proposed to ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- amendment SA 2917 proposed by Mr. lar to the rules of paragraphs (6) and (7) of ‘‘Sec. 40B. Biodiesel used as fuel.’’.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00113 Fmt 4624 Sfmt 0655 E:\CR\FM\A23AP6.138 pfrm04 PsN: S23PT1 S3224 CONGRESSIONAL RECORD — SENATE April 23, 2002 (4) EFFECTIVE DATE.—The amendments ‘‘(1) in the case of property relating to hy- Foreign Relations be authorized to made by this subsection shall apply to tax- drogen, after December 31, 2011, and meet during the session of the Senate able years beginning after December 31, 2002. ‘‘(2) in the case of any other property, after on Tuesday, April 23, 2002, at 10:15 a.m., (b) REDUCTION OF MOTOR FUEL EXCISE December 31, 2006.’’. to hold a hearing titled, ‘‘Increasing TAXES ON BIODIESEL MIXTURES.— (b) INCENTIVE FOR PRODUCTION OF HYDRO- (1) IN GENERAL.—Section 4081 (relating to GEN AT QUALIFIED CLEAN-FUEL VEHICLE RE- out Nonproliferation Efforts in the manufacturers tax on petroleum products) is FUELING PROPERTY.—Section 179A(d) (defin- Former Soviet Union.’’ amended by adding at the end the following ing qualified clean-fuel vehicle refueling Agenda new subsection: property) is amended by adding at the end ‘‘(f) BIODIESEL MIXTURES.—Under regula- the following new flush sentence: Witnesses tions prescribed by the Secretary— ‘‘In the case of clean-burning fuel which is ‘‘(1) IN GENERAL.—In the case of the re- Panel 1: The Honorable William S. hydrogen produced from another clean-burn- Cohen, Former Secretary of Defense, moval or entry of a qualified biodiesel mix- ing fuel, paragraph (3)(A) shall be applied by ture, the rate of tax under subsection (a) substituting ‘production, storage, or dis- Chairman and Chief Executive Officer, shall be the otherwise applicable rate re- pensing’ for ‘storage or dispensing’ both The Cohen Group, Washington, DC. duced by the biodiesel mixture rate (if any) places it appears.’’. Panel 2: Dr. Siegfried S. Hecker, Sen- applicable to the mixture. f ior Fellow, Los Alamos National Lab- ‘‘(2) TAX PRIOR TO MIXING.— oratory, Los Alamos, NM, and Dr. Con- ‘‘(A) IN GENERAL.—In the case of the re- NOTICES OF HEARINGS/MEETINGS stantine C. Menges, Senior Fellow, the moval or entry of diesel fuel for use in pro- COMMITTEE ON INDIAN AFFAIRS Hudson Institute, Washington, DC. ducing at the time of such removal or entry a qualified biodiesel mixture, the rate of tax Mr. INOUYE. Mr. President, I would The PRESIDING OFFICER. Without under subsection (a) shall be the rate deter- like to announce that the Committee objection, it is so ordered. mined under subparagraph (B). on Indian Affairs will meet on Wednes- COMMITTEE ON GOVERNMENTAL AFFAIRS ‘‘(B) DETERMINATION OF RATE.—For pur- day, April 24, 2002, at 10 a.m., in room Mr. REID. Mr. President, I ask unan- poses of subparagraph (A), the rate deter- 485 of the Russell Senate Office Build- imous consent that the Committee on mined under this subparagraph is the rate ing to conduct a hearing on S. 2017, a Governmental Affairs be authorized to determined under paragraph (1), divided by a bill to amend the Indian Financing Act meet on Tuesday, April 23, 2002, imme- percentage equal to 100 percent minus the diately following the first rollcall vote percentage of biodiesel which will be in the of 1974 to improve the effectiveness of mixture. the Indian loan guarantee and insur- of the day for a business meeting to ‘‘(3) DEFINITIONS.—For purposes of this sub- ance program. consider the nomination of Paul A. section, any term used in this subsection Those wishing additional information Quander, Jr., to be Director of the Dis- which is also used in section 40B shall have may contact the Indian Affairs Com- trict of Columbia Court Services and the meaning given such term by section 40B. mittee at 224–2251. Offender Supervision Agency. ‘‘(4) CERTAIN RULES TO APPLY.—Rules simi- COMMITTEE ON INDIAN AFFAIRS The PRESIDING OFFICER. Without lar to the rules of paragraphs (6) and (7) of objection, it is so ordered. subsection (c) shall apply for purposes of this Mr. INOUYE. Mr. President, I would COMMITTEE ON HEALTH, EDUCATION, LABOR AND subsection.’’. like to announce that the Committee PENSIONS (2) CONFORMING AMENDMENTS.— on Indian Affairs will meet on Tuesday, Mr. REID. Mr. President, I ask unan- (A) Section 4041 is amended by adding at April 30, 2002, at 9:30 a.m., in room 428A imous consent that the Committee on the end the following new subsection: of the Russell Senate Office Building to ‘‘(n) BIODIESEL MIXTURES.—Under regula- Health, Education, Labor, and Pen- conduct a joint hearing with the Sen- tions prescribed by the Secretary, in the case sions be authorized to meet for a hear- ate Small Business Committee on of the sale or use of a qualified biodiesel mix- ing on ‘‘Implementation of ESEA: Sta- ‘‘Small Business Development in Na- ture (as defined in section 40B(b)(2)), the tus and Key issues’’ during the session rates under paragraphs (1) and (2) of sub- tive American Communities: Is the of the Senate on Tuesday, April 23, section (a) shall be the otherwise applicable Federal Government Meeting Its Obli- 2002, at 2:30 p.m. rates, reduced by any applicable biodiesel gations?’’ The PRESIDING OFFICER. Without mixture rate (as defined in section Those wishing additional information objection, it is so ordered. 40B(b)(1)(B)).’’. may contact the Indian Affairs Com- (B) Section 6427 is amended by redesig- SUBCOMMITTEE ON ANTITRUST, BUSINESS mittee at 224–2251. nating subsection (p) as subsection (q) and RIGHTS AND COMPETITION by inserting after subsection (o) the fol- f Mr. REID. Mr. President, I ask unan- lowing new subsection: imous consent that the Committee on ‘‘(p) BIODIESEL MIXTURES.—Except as pro- AUTHORITY FOR COMMITTEES TO vided in subsection (k), if any diesel fuel on MEET the Judiciary, Subcommittee on Anti- trust, Business Rights and Competi- which tax was imposed by section 4081 at a COMMITTEE ON BANKING, HOUSING, AND URBAN rate not determined under section 4081(f) is AFFAIRS tion, be authorized to meet to conduct used by any person in producing a qualified a hearing on ‘‘Dominance on the biodiesel mixture (as defined in section Mr. REID. Mr. President, I ask unan- imous consent that the Committee on Ground: Cable Competition and the 40B(b)(2)) which is sold or used in such per- ATT-Comcast Merger,’’ on Tuesday, son’s trade or business, the Secretary shall Banking, Housing, and Urban Affairs be authorized to meet during the ses- April, 23, 2002, at 2 p.m., in SD–226. pay (without interest) to such person an The PRESIDING OFFICER. Without amount equal to the per gallon applicable sion of the Senate on Tuesday, April 23, objection, it is so ordered. biodiesel mixture rate (as defined in section 2002, at 10 a.m., to conduct an oversight SUBCOMMITTEE ON OVERSIGHT OF GOVERN- 40B(b)(1)(B)) with respect to such fuel.’’. hearing on ‘‘The Federal Deposit Insur- MENTAL MANAGEMENT, RESTRUCTURING AND (3) EFFECTIVE DATE.—The amendments ance System and Recommendations for made by this subsection shall apply to any THE DISTRICT OF COLUMBIA fuel sold after December 31, 2002, and before Reform.’’ Mr. REID. Mr. President I ask unani- January 1, 2008. The PRESIDING OFFICER. Without mous consent that the Committee on objection, it is so ordered. governmental Affairs, Subcommittee Mr. HARKIN submitted an SA 3331. COMMITTEE ON COMMERCE, SCIENCE AND on Oversight of Government Manage- amendment intended to be proposed to TRANSPORTATION ment, Restructuring and the District amendment SA 2917 proposed by Mr. Mr. REID. Mr. President, I ask unan- of Columbia, be authorized to meet on DASCHLE (for himself, and Mr. BINGA- imous consent that the Committee on Tuesday, April 23, 2002, at 10 p.m., for a MAN) to the bill (S. 517) to authorize Commerce, Science, and Transpor- hearing to examine ‘‘The Economic Im- funding the Department of Energy to tation be authorized to meet on Tues- plications of the Human Capital Cri- enhance its mission areas through day, April 23, 2002, at 9:30 a.m. on ‘‘Ge- sis.’’ technology transfer and partnerships neric Pharmaceuticals: Marketplace The PRESIDING OFFICER. Without for fiscal years 2002 through 2006, and Access and Consumer Issues’’. objection, it is so ordered. for other purposes; which was ordered The PRESIDING OFFICER. Without to lie on the table; as follows: SUBCOMMITTEE ON PUBLIC HEALTH objection, it is so ordered. Mr. REID. Mr. President, I ask unan- In Division H, on page 50, strike lines 23 and 24, and insert the following: COMMITTEE ON FOREIGN RELATIONS imous consent that the Committee on ‘‘(l) TERMINATION.—This section shall not Mr. REID. Mr. President, I ask unan- Health, Education, Labor, and Pen- apply to any property placed in service— imous consent that the Committee on sions, Subcommittee on Public Health,

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00114 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.140 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3225 be authorized to meet for a hearing on make chapter 12 a permanent part of War has a Canadian soldier died in a ‘‘Protecting Human Subjects in Re- the Bankruptcy Code that is part of combat zone. It is my hope that Cana- search: Are Current Safeguards Ade- the Senate-passed farm bill. The Sen- dian servicemen and women will not be quate?’’ during the session of the Sen- ate unanimously approved the again called upon to make the ulti- ate on Tuesday, April 23, 2002, at 10 Carnahan amendment by a 93–0 vote. mate sacrifice for a long time. a.m. Unfortunately, the House majority is I would like to honor today the Cana- The PRESIDING OFFICER. Without objecting to including the Carnahan objection, it is so ordered. dian soldiers of the 3rd Battalion, Prin- amendment in the farm bill conference cess Patricia’s Canadian Light Infantry f report. Battle Group, who have been in Af- In the current bankruptcy reform FAMILY FARMER BANKRUPTCY ghanistan since late January as part of conference, I am hopeful Congress will PROTECTION Operation Apollo and have distin- update and expand the coverage of guished themselves for their heroism Mr. REID. Mr. President, it is my un- chapter 12. In the meantime, the farm and professionalism. No doubt today is derstanding H.R. 4167, received from bill conference should make permanent a sad day amongst that unit as they the House, is at the desk. I ask unani- basic bankruptcy protection for our mourn the loss of their comrades. De- mous consent that the Senate proceed family farmers across the country by spite this horrible setback, the Cana- to its immediate consideration. adopting the Carnahan amendment. The PRESIDING OFFICER. The dian Army is focusing on the task at I commend Senator CARNAHAN for her clerk will report the bill by title. hand and is still fully engaged in its The legislative clerk read as follows: continued leadership in protecting family farms across the country. mission. A bill (H.R. 4167) to extend for 8 additional months the period for which chapter 12 title Mr. REID. Mr. President, I ask unan- For these reasons and for the count- 11 of the United States Code is reenacted. imous consent that the bill be read a less acts of friendship between our two There being no objection, the Senate third time and passed, the motion to nations, I offer this resolution to ex- proceeded to consider the bill. reconsider be laid upon the table, and tend the sympathy of this Senate to Mr. LEAHY. Mr. President, I am that any statements related thereto be the people and fighting forces of Can- pleased that the Senate will pass H.R. printed in the RECORD. ada. 4167, to retroactively renew family The PRESIDING OFFICER. Without Mr. REID. I ask unanimous consent farmer bankruptcy protection until objection, it is so ordered. that the resolution and preamble be June 1, 2002. After months of inaction, The bill (H.R. 4167) was read the third agreed to en bloc, the motion to recon- the House of Representatives finally time and passed. sider be laid upon the table, and any passed this legislation two days ago to f statements related to the resolution be reinstate Chapter 12 of the Bankruptcy EXTENDING SYMPATHY AND CON- printed in the RECORD, without inter- Code. It is past time for Congress to DOLENCES TO FAMILIES OF CA- vening action or debate. act to restore this basic safety net for NADIAN SOLDIERS KILLED AND The PRESIDING OFFICER. Without America’s family farmers. WOUNDED IN AFGHANISTAN Unfortunately, too many family objection, it is so ordered. farmers have been left in legal limbo in Mr. REID. Mr. President, I ask unan- The resolution (S. Res. 250) was bankruptcy courts across the country imous consent that the Senate proceed agreed to. to the consideration of S. Res. 250 sub- since Chapter 12 of the Bankruptcy The preamble was agreed to. Code expired on October 1, 2001. Since mitted earlier today by Senator last November, Senator CARNAHAN and LANDRIEU. The resolution (S. Res. 250), with its I have tried to pass S. 1630, a Carnahan- The PRESIDING OFFICER. The preamble, reads as follows: clerk will report the resolution by Grassley bipartisan bill to retro- S. RES. 250 actively restore chapter 12. The Senate title. The legislative clerk read as follows: Whereas United States and Canadian mili- Judiciary Committee unanimously re- tary forces have fought side by side in con- ported the bill to the Senate on No- A resolution (S. Res. 250) extending sym- flicts since the World War I; vember 8, 2001, but it has been subject pathy and condolences to the families of the Whereas the fighting men and women of to a secret hold by the minority for the Canadian soldiers who were killed and the Canada have always proved themselves to be last six months. Canadian soldiers who were wounded on brave and courageous warriors; This is the third time in the last year April 18, 2002, in Afghanistan, and to all the Whereas the Canadian forces are currently Canadian people. that this Congress must act to retro- fighting alongside United States and Euro- actively restore basic bankruptcy safe- There being no objection, the Senate pean troops in the hunt for the remnants of proceeded to consider the resolution. Osama bin Laden’s terrorist organization, al guards for family farmers because Qaeda, and Afghanistan’s former ruling mili- Chapter 12 is still a temporary provi- Ms. LANDRIEU. Mr. President, I rise today to speak on a rather unpleasant tia, the Taliban; sion despite its first passage into law Whereas the Canadian soldiers of the 3rd in 1986. Our family farmers do not de- subject. Battalion, Princess Patricia’s Canadian serve these lapses in bankruptcy law I wish to offer a resolution offering Light Infantry Battle Group, have been in that could mean the difference between the condolences of the United States Afghanistan since late January 2002, as part foreclosure and farming. Senate to the families and loved ones of Operation Apollo, and have distinguished In 2000 and into last year, for exam- of those Canadian servicemen who were themselves for their heroism and profes- ple, the Senate, then controlled by the killed and wounded in Afghanistan last sionalism; and Whereas despite this tragic incident, the other party, failed to take up a House- week. The Canadian and American armies Canadian Army is focusing on the task at passed bill to retroactively renew chap- hand and is still fully engaged in its mission ter 12 and, as a result, family farmers have fought side-by-side since the first in Afghanistan: Now, therefore, be it lost chapter 12 bankruptcy protection world war and that tradition has con- tinued during our current war on ter- Resolved, That the Senate— for 8 months. The current lapse of (1) expresses sorrow for the loss of life and chapter 12 has lasted more than 6 rorism. The servicemen and women of wounding of Canadian servicemen in Afghan- months. Enough is enough. Canada have always proven to be brave istan; Our family farmers do not deserve and courageous fighters and they are (2) offers sympathy and condolences to the these lapses in bankruptcy law that certainly keeping up that reputation in families of the Canadian soldiers who were could mean the difference between engagements such as Operation Ana- killed and the Canadian soldiers who were foreclosure and farming. It is time for conda. Without the assistance of our wounded on April 18, 2002, in Afghanistan, Congress to make chapter 12 a perma- Canadian allies, the burden of this and to all of the Canadian people; present war would be much heavier on (3) affirms that the centuries-old bond be- nent part of the Bankruptcy Code to tween the Canadian and American peoples provide a stable safety net for our na- our own Soldiers, Sailors, Airmen and and their Armed Forces remains solid; and tion’s family farmers. Marines. (4) praises the performance of Canadian I strongly support Senator It is with heavy heart that I offer servicemen in Afghanistan for their heroism CARNAHAN’s bipartisan amendment to this measure. Not since the Korean and professionalism.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00115 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.147 pfrm04 PsN: S23PT1 S3226 CONGRESSIONAL RECORD — SENATE April 23, 2002 MAKING MINORITY PARTY øSec. 102. Definitions. (2) Congress has heard testimony from indi- APPOINTMENTS øSec. 103. Effective date.¿ viduals, including representatives of the Na- TITLE I—GENERAL PROVISIONS tional Association for the Advancement of Col- Mr. REID. I ask unanimous consent ored People and the American Federation of Sec. 101. Findings. the Senate proceed to the consider- Government Employees, that point to chronic ation of S. Res. 251, which is at the Sec. 102. Sense of Congress. Sec. 103. Definitions. problems of discrimination and retaliation desk. Sec. 104. Effective date. against Federal employees; The PRESIDING OFFICER. The (3) in August 2000, a jury found that the En- TITLE II—FEDERAL EMPLOYEE vironmental Protection Agency had discrimi- clerk will report the resolution by DISCRIMINATION AND RETALIATION title. nated against a senior social scientist, and The legislative clerk read as follows: Sec. 201. Reimbursement requirement. awarded that scientist $600,000; Sec. 202. Notification requirement. (4) in October 2000, an Occupational Safety A resolution (S. Res. 251) making Minority Sec. 203. Reporting requirement. and Health Administration investigation found party appointments for the Committee on Sec. 204. Rules and guidelines. that the Environmental Protection Agency had Environment and Public Works and the Gov- Sec. 205. Clarification of remedies. retaliated against a senior scientist for dis- ernmental Affairs Committee for the 107th øSec. 206. Study by General Accounting Of- agreeing with that agency on a matter of Congress. fice regarding exhaustion of ad- science and for helping Congress to carry out its There being no objection, the Senate ministrative remedies.¿ oversight responsibilities; proceeded to the immediate consider- Sec. 206. Studies by General Accounting Office (5) there have been several recent class action ation of the resolution. on exhaustion of remedies and suits based on discrimination brought against Mr. REID. I ask consent that the res- certain Department of Justice Federal agencies, including the Federal Bureau olution be agreed to and the motion to costs. of Investigation, the Bureau of Alcohol, To- reconsider be laid upon the table. TITLE III—EQUAL EMPLOYMENT OPPOR- bacco, and Firearms, the Drug Enforcement Ad- The PRESIDING OFFICER. Without TUNITY COMPLAINT DATA DISCLO- ministration, the Immigration and Naturaliza- tion Service, the United States Marshals Service, objection, it is so ordered. SURE Sec. 301. Data to be posted by employing the Department of Agriculture, the United The resolution (S. Res. 251) was States Information Agency, and the Social Secu- agreed to, as follows: Federal agencies. Sec. 302. Data to be posted by the Equal Em- rity Administration; S. RES. 251 ployment Opportunity Commis- (6) notifying Federal employees of their rights Resolved, That the following be the minor- sion. under discrimination and whistleblower laws ity membership on the Committees on Envi- Sec. 303. Rules. should increase Federal agency compliance with ronment and Public Works and Govern- the law; TITLE I—GENERAL PROVISIONS mental Affairs for the remainder of the 107th (7) requiring annual reports to Congress on Congress, or until their successors are ap- øSEC. 101. FINDINGS. the number and severity of discrimination and pointed: øThe Congress finds that— whistleblower cases brought against each Fed- Environment and Public Works: Mr. ø(1) Federal agencies cannot be run effec- eral agency should enable Congress to improve Smith, of New Hampshire, Mr. Warner, Mr. tively if they practice or tolerate discrimi- its oversight over compliance by agencies with Inhofe, Mr. Bond, Mr. Voinovich, Mr. Crapo, nation, the law; and Mr. Chafee, Mr. Specter, and Mr. Domenici. ø(2) the Committee on the Judiciary of the (8) requiring Federal agencies to pay for any Governmental Affairs: Mr. Thompson, Mr. House of Representatives has heard testi- discrimination or whistleblower judgment, Stevens, Ms. Collins, Mr. Voinovich, Mr. mony from individuals, including representa- award, or settlement should improve agency ac- Cochran, Mr. Bennett, Mr. Bunning, and Mr. tives of the National Association for the Ad- countability with respect to discrimination and Fitzgerald. vancement of Colored People and the Amer- whistleblower laws. f ican Federation of Government Employees SEC. 102. SENSE OF CONGRESS. that point to chronic problems of discrimina- It is the sense of Congress that— NOTIFICATION AND FEDERAL EM- tion and retaliation against Federal employ- (1) Federal agencies should not retaliate for PLOYEE ANTIDISCRIMINATION ees, court judgments or settlements relating to dis- AND RETALIATION ACT OF 2002 ø(3) in August 2000, a jury found that the crimination and whistleblower laws by targeting Environmental Protection Agency had dis- the claimant or other employees with reductions Mr. REID. I ask consent the Senate criminated against a senior social scientist, proceed to the consideration of Cal- in compensation, benefits, or workforce to pay and awarded that scientist $600,000, for such judgments or settlements; endar No. 346, H.R. 169. ø(4) in October 2000, an Occupational Safe- (2) the mission of the Federal agency and the The PRESIDING OFFICER. The ty and Health Administration investigation employment security of employees who are clerk will report the bill by title. found that the Environmental Protection blameless in a whistleblower incident should not The legislative clerk read as follows: Agency had retaliated against a senior sci- be compromised; A bill (H.R. 169) to require that Federal entist for disagreeing with that agency on a (3) Federal agencies should not use a reduc- agencies be accountable for violations of matter of science and for helping Congress to tion in force or furloughs as means of funding antidiscrimination and whistleblower pro- carry out its oversight responsibilities, a reimbursement under this Act; tection laws; to require that each Federal ø(5) there have been several recent class (4)(A) accountability in the enforcement of agency post quarterly on its public Web site action suits based on discrimination brought employee rights is not furthered by certain statistical data relating to Federal against Federal agencies, including the Fed- terminating— sector equal employment opportunity com- eral Bureau of Investigation, the Bureau of (i) the employment of other employees; or plaints filed with such agency; and for other Alcohol, Tobacco, and Firearms, the Drug (ii) the benefits to which those employees are purposes. Enforcement Administration, the Immigra- entitled through statute or contract; and tion and Naturalization Service, and the (B) this Act is not intended to authorize those There being no objection, the Senate United States Marshals Service, proceeded to consider the bill which actions; ø(6) notifying Federal employees of their (5)(A) nor is accountability furthered if Fed- had been reported from the Committee rights under discrimination and whistle- eral agencies react to the increased account- on Governmental Affairs, with amend- blower laws should increase agency compli- ability under this Act by taking unfounded dis- ments. ance with the law, ciplinary actions against managers or by vio- (Omit the parts in black brackets and ø(7) requiring annual reports to Congress lating the procedural rights of managers who insert the part printed in italic.) on the number and severity of discrimina- have been accused of discrimination; and H.R. 169 tion and whistleblower cases brought against (B) Federal agencies should ensure that man- each Federal agency should enable Congress Be it enacted by the Senate and House of Rep- agers have adequate training in the manage- to improve its oversight over agencies’ com- ment of a diverse workforce and in dispute reso- resentatives of the United States of America in pliance with the law, and Congress assembled, lution and other essential communication skills; ø(8) penalizing Federal agencies by requir- and SECTION 1. SHORT TITLE; TABLE OF CONTENTS. ing them to pay for any discrimination or (6)(A) Federal agencies are expected to reim- (a) SHORT TITLE.—This Act may be cited as whistleblower judgments, awards, and settle- burse the General Fund of the Treasury within the ‘‘Notification and Federal Employee ments should improve agency accountability a reasonable time under this Act; and Antidiscrimination and Retaliation Act of with respect to discrimination and whistle- (B) a Federal agency, particularly if the ø2001¿ 2002’’. blower laws.¿ amount of reimbursement under this Act is large (b) TABLE OF CONTENTS.—The table of con- SEC. 101. FINDINGS. tents of this Act is as follows: relative to annual appropriations for that agen- Congress finds that— cy, may need to extend reimbursement over sev- Sec. 1. Short title; table of contents. (1) Federal agencies cannot be run effectively eral years in order to avoid— øTITLE I—GENERAL PROVISIONS if those agencies practice or tolerate discrimina- (i) reductions in force; øSec. 101. Findings. tion; (ii) furloughs;

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00116 Fmt 4624 Sfmt 6333 E:\CR\FM\G23AP6.111 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3227 (iii) other reductions in compensation or bene- graphs (1) and (2) of section 201(a) shall be (A) an examination of trends; fits for the workforce of the agency; or provided to such employees, former employ- (B) causal analysis; (iv) an adverse effect on the mission of the ees, and applicants— (C) practical knowledge gained through expe- agency. (1) in accordance with otherwise applicable rience; and (D) any actions planned or taken to improve SEC. ø102¿. 103. DEFINITIONS. provisions of lawø,¿ ; or complaint or civil rights programs of the agency; For purposes of this Act— (2) øif to the extent that¿ if, or to the extent that, no such notification would otherwise be and (1) the term ‘‘applicant for Federal em- (8) any adjustment (to the extent the adjust- ployment’’ means an individual applying for required, in such time, form, and manner as shall under section 204 be required in order ment can be ascertained in the budget of the employment in or under a Federal agency) to comply with the requirements under agencyø,¿ ; to carry out the requirements of this sec- tion. section 201. (2) the term ‘‘basis of alleged discrimina- (b) FIRST REPORT.—The 1st report sub- (b) POSTING ON THE INTERNET.—Any written tion’’ shall have the meaning given such mitted under subsection (a) shall include for term under section 303ø,¿ ; notification under this section shall include, but not be limited to, the posting of the in- each item under subsection (a) data for each (3) the term ‘‘Federal agency’’ means an ø formation required under paragraph (1) or (2) of the 5 immediately preceding fiscal years Executive agency (as defined in section 105 of (or, if not available for all 5 fiscal years, for title 5, United States Code), the United (as applicable) of subsection (a) on the Inter- net site of the Federal agency involved. however many of those 5 fiscal years for States Postal Service, or the Postal Rate ¿ (c) EMPLOYEE TRAINING.—Each Federal which data are available). years (or, if data Commissionø,¿ ; are not available for all 5 fiscal years, for each (4) the term ‘‘Federal employee’’ means an agency shall provide to the employees of such agency training regarding the rights of those 5 fiscal years for which data are avail- individual employed in or under a Federal able). ø ¿ and remedies applicable to such employees agency , ; SEC. 204. RULES AND GUIDELINES. (5) the term ‘‘former Federal employee’’ under the laws cited in section 201(c). SEC. 203. REPORTING REQUIREMENT. (a) ISSUANCE OF RULES AND GUIDELINES.— means an individual formerly employed in or The President (or the designee of the Presi- ø ¿ (a) ANNUAL REPORT.—Subject to subsection under a Federal agency , ; and dent) shall issue— (6) the term ‘‘issue of alleged discrimina- (b), not later than 180 days after the end of each fiscal year, each Federal agency shall (1) rules to carry out this titleø,¿ ; tion’’ shall have the meaning given such ø(2) rules to require that a comprehensive term under section 303. submit to the Speaker of the House of Rep- resentatives, the President pro tempore of study be conducted in the Executive Branch SEC. ø103¿. 104. EFFECTIVE DATE. the Senate, the Committee on Governmental Af- to determine the best practices for Federal This Act and the amendments made by fairs of the Senate, the Committee on Govern- agencies to take appropriate disciplinary ac- this Act shall take effect on the 1st day of ment Reform of the House of Representatives, tions against Federal employees who are de- the 1st fiscal year beginning more than 180 each committee of Congress with jurisdiction re- termined in any judicial or administrative days after the date of the enactment of this lating to the agency, the Equal Employment proceeding to have discriminated against Act. Opportunity Commission, and the Attorney any individual in violation of any of the laws TITLE II—FEDERAL EMPLOYEE General an annual report which shall in- cited in section 201(c), and¿ DISCRIMINATION AND RETALIATION clude, with respect to the fiscal year— (2) rules to require that a comprehensive study be conducted in the executive branch to deter- SEC. 201. REIMBURSEMENT REQUIREMENT. (1) the number of cases arising under each mine the best practices relating to the appro- (a) APPLICABILITY.—This section applies of the respective provisions of law covered by paragraphs (1) and (2) of section 201(a) in priate disciplinary actions against Federal em- with respect to any payment made in accord- ployees who commit the actions described under ance with section 2414, 2517, 2672, or 2677 of which discrimination on the part of such agency was allegedø,¿ ; clauses (i) and (ii) of section 203(a)(6)(A); and title 28, United States Code, and under sec- (3) based on the results of such study, advi- tion 1304 of title 31, United States Code (re- (2) the status or disposition of cases de- scribed in paragraph (1)ø,¿ ; sory guidelines incorporating best practices lating to judgments, awards, and com- that Federal agencies may follow to take promise settlements) to any Federal em- (3) the amount of money required to be re- imbursed by such agency under section 201 in such actions against such employees. ployee, former Federal employee, or appli- (b) AGENCY NOTIFICATION REGARDING IM- connection with each of such cases, sepa- cant for Federal employment, in connection PLEMENTATION OF GUIDELINES.—Not later rately identifying the aggregate amount of with any proceeding brought by or on behalf than 30 days after the issuance of guidelines such reimbursements attributable to the of such employee, former employee, or appli- under subsection (a), each Federal agency payment of attorneys’ fees, if anyø,¿ ; cant under— shall submit to the Speaker of the House of (4) the number of employees disciplined for (1) any provision of law cited in subsection Representatives, the President pro tempore ø ¿ discrimination, retaliation, harassment, or (c) , ; or of the Senate, the Equal Employment Oppor- any other infraction of any provision of law (2) any other provision of law which pro- tunity Commission, and the Attorney Gen- referred to in paragraph (1)ø,¿ ; hibits any form of discrimination, as identi- eral a written statement specifying in (5) the final year-end data posted under fied under rules issued under section 204. detail— section 301(c)(1)(B) for such fiscal year (with- (b) REQUIREMENT.—An amount equal to the (1) whether such agency has adopted and out regard to section 301(c)(2))ø, and¿ amount of each payment described in sub- will fully follow such guidelinesø,¿ ; ø(6) a detailed description of— section (a) shall be reimbursed to the fund (2) if such agency has not adopted such ø(A) the policy implemented by such agen- described in section 1304 of title 31, United guidelines, the reasons for the failure to cy to discipline employees who are deter- States Code, out of any appropriation, fund, adopt such guidelinesø,¿ ; and mined in any judicial or administrative pro- or other account (excluding any part of such (3) if such agency will not fully follow such ceeding to have discriminated against any appropriation, of such fund, or of such ac- guidelines, the reasons for the decision not individual in violation of any of the laws count available for the enforcement of any to fully follow such guidelines and an expla- cited in section 201(c), and Federal law) available for operating expenses nation of the extent to which such agency ø(B) with respect to each of such laws, the of the Federal agency to which the discrimi- will not follow such guidelines. natory conduct involved is attributable as number of employees who are disciplined in accordance with such policy and the specific SEC. 205. CLARIFICATION OF REMEDIES. determined under section 204. Consistent with Federal law, nothing in (c) SCOPE.—The provisions of law cited in nature of the disciplinary action taken.¿ (6) a detailed description of— this title shall prevent any Federal em- this subsection are the following: ployee, former Federal employee, or appli- (1) Section 2302(b) of title 5 øof the¿, United (A) the policy implemented by that agency re- lating to appropriate disciplinary actions cant for Federal employment from exer- States Code, as applied to discriminatory cising any right otherwise available under conduct described in paragraphs (1) and (8), against a Federal employee who— (i) discriminated against any individual in the laws of the United States. or described in paragraph (9) of such section violation of any of the laws cited under section øSEC. 206. STUDY BY GENERAL ACCOUNTING OF- as applied to discriminatory conduct de- 201(a) (1) or (2); or FICE REGARDING EXHAUSTION OF scribed in paragraphs (1) and (8), of such sec- (ii) committed another prohibited personnel ADMINISTRATIVE REMEDIES. tion. practice that was revealed in the investigation ø(a) STUDY.—Not later than 180 days after (2) The provisions of law specified in sec- of a complaint alleging a violation of any of the the date of the enactment of this Act, the tion 2302(d) of title 5 øof the¿, United States laws cited under section 201(a) (1) or (2); and General Accounting Office shall conduct a Code. (B) with respect to each of such laws, the study relating to the effects of eliminating ø (3) The Whistleblower Protection Act of number of employees who are disciplined in ac- the requirement that Federal employees ag- ¿ 1986 and the amendments made by such Act. cordance with such policy and the specific na- grieved by violations of any of the laws spec- SEC. 202. NOTIFICATION REQUIREMENT. ture of the disciplinary action taken; ified in paragraphs (7) and (8) of section (a) IN GENERAL.—Written notification of (7) an analysis of the information described 201(c) exhaust administrative remedies be- the rights and protections available to Fed- under paragraphs (1) through (6) (in conjunc- fore filing complaints with the Equal Em- eral employees, former Federal employees, tion with data provided to the Equal Employ- ployment Opportunity Commission. Such and applicants for Federal employment (as ment Opportunity Commission in compliance study shall include a detailed summary of the case may be) in connection with the re- with part 1614 of title 29 of the Code of Federal matters investigated, of information col- spective provisions of law covered by para- Regulations) including— lected, and of conclusions formulated that

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00117 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.144 pfrm04 PsN: S23PT1 S3228 CONGRESSIONAL RECORD — SENATE April 23, 2002 lead to determinations of how the elimi- form, and manner prescribed under section (10)(A) Of the total number of complaints nation of such requirement will— 303 (in conformance with the requirements of pending in such fiscal year (as described in ø(1) expedite handling of allegations of this section), summary statistical data relat- the parenthetical matter in paragraph (6)), such violations within Federal agencies and ing to equal employment opportunity com- the number that were first filed before the will streamline the complaint-filing process, plaints filed with such agency by employees start of the then current fiscal year. ø(2) affect the workload of the Commission, or former employees of, or applicants for em- (B) With respect to those pending com- ø(3) affect established alternative dispute ployment with, such agency. plaints that were first filed before the start resolution procedures in such agencies, and (b) CONTENT REQUIREMENTS.—The data of the then current fiscal year— ø(4) affect any other matters determined posted by a Federal agency under this sec- (i) the number of individuals who filed by the General Accounting Office to be ap- tion shall include, for the then current fiscal those complaints, and propriate for consideration. year, the following: (ii) the number of those complaints which ø(b) REPORT.—Not later than 90 days after (1) The number of complaints filed with are at the various steps of the complaint completion of the study required by sub- such agency in such fiscal year. process. section (a), the General Accounting Office (2) The number of individuals filing those (C) Of the total number of complaints shall submit to the Speaker of the House of complaints (including as the agent of a pending in such fiscal year (as described in Representatives, the President pro tempore class). the parenthetical matter in paragraph (6)), of the Senate, the Equal Employment Oppor- (3) The number of individuals who filed 2 or the total number of complaints with respect tunity Commission, and the Attorney Gen- more of those complaints. to which the agency violated the require- eral a report containing the information re- (4) The number of complaints (described in ments of section 1614.106(e)(2) of title 29 of paragraph (1)) in which each of the various quired to be included in such study.¿ the Code of Federal Regulations (as in effect bases of alleged discrimination is alleged. on July 1, 2000, and amended from time to SEC. 206. STUDIES BY GENERAL ACCOUNTING OF- (5) The number of complaints (described in FICE ON EXHAUSTION OF ADMINIS- time) by failing to conduct within 180 days of paragraph (1)) in which each of the various TRATIVE REMEDIES AND ON ASCER- the filing of such complaints an impartial issues of alleged discrimination is alleged. TAINMENT OF CERTAIN DEPART- and appropriate investigation of such com- (6) The average length of time, for each MENT OF JUSTICE COSTS. plaints. step of the process, it is taking such agency (a) STUDY ON EXHAUSTION OF ADMINISTRATIVE (c) TIMING AND OTHER REQUIREMENTS.— to process complaints (taking into account REMEDIES.— (1) CURRENT YEAR DATA.—Data posted all complaints pending for any length of (1) STUDY.— under this section for the then current fiscal time in such fiscal year, whether first filed (A) IN GENERAL.—Not later than 180 days year shall include both— in such fiscal year or earlier). Average times after the date of enactment of this Act, the Gen- (A) interim year-to-date data, updated under this paragraph shall be posted— eral Accounting Office shall conduct a study re- quarterly, and (A) for all such complaints, lating to the effects of eliminating the require- (B) final year-end data. (B) for all such complaints in which a hear- ment that Federal employees aggrieved by viola- (2) DATA FOR PRIOR YEARS.—The data post- ing before an administrative judge of the tions of any of the laws specified under section ed by a Federal agency under this section for Equal Employment Opportunity Commission 201(c) exhaust administrative remedies before fil- a fiscal year (both interim and final) shall is not requested, and ing complaints with the Equal Employment Op- include, for each item under subsection (b), portunity Commission. (C) for all such complaints in which a hear- ing before an administrative judge of the such agency’s corresponding year-end data (B) CONTENTS.—The study shall include a de- for each of the 5 immediately preceding fis- tailed summary of matters investigated, informa- Equal Employment Opportunity Commission is requested. cal years (or, if not available for all 5 fiscal tion collected, and conclusions formulated that (7) The total number of final agency ac- years, for however many of those 5 fiscal lead to determinations of how the elimination of tions rendered in such fiscal year involving a years for which data are available). such requirement will— finding of discrimination and, of that SEC. 302. DATA TO BE POSTED BY THE EQUAL (i) expedite handling of allegations of such number— EMPLOYMENT OPPORTUNITY COM- violations within Federal agencies and will MISSION. (A) the number and percentage that were streamline the complaint-filing process; (a) IN GENERAL.—The Equal Employment rendered without a hearing before an admin- (ii) affect the workload of the Commission; Opportunity Commission shall post on its istrative judge of the Equal Employment Op- (iii) affect established alternative dispute reso- public Web site, in the time, form, and man- portunity Commission, and lution procedures in such agencies; and ner prescribed under section 303 for purposes (B) the number and percentage that were (iv) affect any other matters determined by of this section, summary statistical data re- rendered after a hearing before an adminis- the General Accounting Office to be appropriate lating to— trative judge of the Equal Employment Op- for consideration. (1) hearings requested before an adminis- portunity Commission. (2) REPORT.—Not later than 90 days after trative judge of the Commission on com- (8) Of the total number of final agency ac- completion of the study required by paragraph plaints described in section 301, and tions rendered in such fiscal year involving a (1), the General Accounting Office shall submit (2) appeals filed with the Commission from finding of discrimination— to the Speaker of the House of Representatives, final agency actions on complaints described (A) the number and percentage involving a the President pro tempore of the Senate, the in section 301. finding of discrimination based on each of Equal Employment Opportunity Commission, (b) SPECIFIC REQUIREMENTS.—The data the respective bases of alleged discrimina- and the Attorney General a report containing posted under this section shall, with respect tion, and the information required to be included in such to the hearings and appeals described in sub- (B) of the number specified under subpara- study. section (a), include summary statistical data graph (A) for each of the respective bases of (b) STUDY ON ASCERTAINMENT OF CERTAIN corresponding to that described in para- alleged discrimination— COSTS OF THE DEPARTMENT OF JUSTICE IN DE- graphs (1) through (10) of section 301(b), and (i) the number and percentage that were FENDING DISCRIMINATION AND WHISTLEBLOWER shall be subject to the same timing and rendered without a hearing before an admin- CASES.— other requirements as set forth in section istrative judge of the Equal Employment Op- (1) STUDY.—Not later than 180 days after the 301(c). portunity Commission, and date of enactment of this Act, the General Ac- (c) COORDINATION.—The data required (ii) the number and percentage that were counting Office shall conduct a study of the under this section shall be in addition to the rendered after a hearing before an adminis- methods that could be used for, and the extent data the Commission is required to post trative judge of the Equal Employment Op- of any administrative burden that would be im- under section 301 as an employing Federal portunity Commission. posed on, the Department of Justice to ascertain agency. (9) Of the total number of final agency ac- the personnel and administrative costs incurred SEC. 303. RULES. tions rendered in such fiscal year involving a in defending in each case arising from a pro- The Equal Employment Opportunity Com- finding of discrimination— ceeding identified under section 201(a) (1) and mission shall issue any rules necessary to (A) the number and percentage involving a (2). carry out this title. finding of discrimination in connection with (2) REPORT.—Not later than 90 days after each of the respective issues of alleged dis- Mr. REID. Mr. President, I ask unan- completion of the study required by paragraph crimination, and imous consent that the committee (1), the General Accounting Office shall submit (B) of the number specified under subpara- amendments be agreed to. to the Speaker of the House of Representatives graph (A) for each of the respective issues of The PRESIDING OFFICER. Without and the President pro tempore of the Senate a alleged discrimination— report containing the information required to be objection, it is so ordered. (i) the number and percentage that were included in the study. The committee amendments were rendered without a hearing before an admin- agreed to. TITLE III—EQUAL EMPLOYMENT OPPOR- istrative judge of the Equal Employment Op- AMENDMENTS NOS. 3327 AND 3328, EN BLOC TUNITY COMPLAINT DATA DISCLOSURE portunity Commission, and Mr. REID. It is my belief that Sen- SEC. 301. DATA TO BE POSTED BY EMPLOYING (ii) the number and percentage that were FEDERAL AGENCIES. rendered after a hearing before an adminis- ator THOMPSON has two amendments at (a) IN GENERAL.—Each Federal agency trative judge of the Equal Employment Op- the desk. I ask consent it be in order to shall post on its public Web site, in the time, portunity Commission. consider these amendments en bloc and

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00118 Fmt 4624 Sfmt 0634 E:\CR\FM\A23AP6.144 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3229 that the amendments be considered (B) the Contracts Dispute Act of 1978 (41 harassment, discrimination and retal- agreed to. U.S.C. 601 note; Public Law 95–563). iation cases because any financial pen- The PRESIDING OFFICER. The (2) REPORT.—Not later than 90 days after alties are paid out of a Government- clerk will report the amendments. the completion of the study under paragraph wide fund and not the agency’s budget. (1), the General Accounting Office shall sub- The legislative clerk read as follows: mit a report on the study to the Speaker of I firmly believe that because there is The Senator from Nevada [Mr. REID], for the House of Representatives, the President no financial consequence to their ac- Mr. THOMPSON, proposes amendments Nos. pro tempore of the Senate, the Committee on tions, Federal agencies are essentially 3327 and 3328, en bloc. Governmental Affairs of the Senate, the able to escape responsibility when they The amendments are as follows: Committee on Government Reform of the fail to comply with the law and are un- House of Representatives, and the Attorney AMENDMENT NO. 3327 responsive to their employees’ con- General. (Purpose: To provide for the General Ac- cerns. counting Office to conduct studies on the The PRESIDING OFFICER. The Reports that Federal agencies are in- effects of the Act and of the Contract Dis- question is on agreeing to the amend- different or hostile to complaints of putes Act of 1978 (41 U.S.C. 601 note; Public ments en bloc. sexual harassment and racial discrimi- Law 95–563) on operations of agencies) The amendments (Nos. 3327 and 3328) nation undermine the ability of the On page ll, insert between lines ll and were agreed to. Federal Government to enforce civil ll the following: Mr. REID. I ask unanimous consent rights laws, and hamper efforts to re- (c) STUDIES ON STATUTORY EFFECTS ON the motion to reconsider be laid upon cruit talented individuals for Federal AGENCY OPERATIONS.— the table. employment. Retaliation against whis- (1) IN GENERAL.—Not later than 18 months The PRESIDING OFFICER. Without after the date of enactment of this Act, the tleblowers creates a climate in which General Accounting Office shall conduct— objection, it is so ordered. those people best able to provide ac- (A) a study on the effects of section 201 on Mr. WARNER. Mr. President, I sup- countability to the Government—and the operations of Federal agencies; and port H.R. 169, the Notification and Fed- to the taxpayer—are unwilling to (B) a study on the effects of section 13 of eral Employee Anti-Discrimination speak out. the Contract Disputes Act of 1978 (41 U.S.C. Act. This historic bill—the first civil The Federal Government must set an 612) on the operations of Federal agencies. rights bill of the new century— example for the private sector by pro- (2) CONTENTS.—Each study under para- strengthens existing laws protecting moting a workplace that does not tol- graph (1) shall include, with respect to the Federal employees from discrimination erate harassment or discrimination of applicable statutes of the study— and harassment in the workplace. (A) a summary of the number of cases in any kind but encourages employees to which a payment was made in accordance H.R. 169 will create a more produc- report illegal activity and mismanage- with section 2414, 2517, 2672, or 2677 of title 28, tive work environment by ensuring ment without fear of reprisal. I urge United States Code, and under section 1304 of that agencies enforce the laws intended my colleagues to support this meaning- title 31, United States Code; to protect Federal employees from har- ful legislation. (B) a summary of the length of time Fed- assment, discrimination and retalia- Mr. REID. I ask unanimous consent eral agencies used to complete reimburse- tion for whistleblowing. the bill, as amended, be read the third ments of payments described under subpara- I thank the chairman of the Govern- time and passed, the motion to recon- graph (A); and ment Affairs Committee, Senator (C) conclusions that assist in making de- sider be laid upon the table, with no in- terminations on how the reimbursements of LIEBERMAN, as well as Ranking Member tervening action or debate, and any payments described under subparagraph (A) THOMPSON and Senator AKAKA for their statements relating thereto be printed will affect— leadership on this issue in committee. in the RECORD. (i) the operations of Federal agencies; Their dedication to the passage of this The PRESIDING OFFICER. Without (ii) funds appropriated on an annual basis; ground-breaking initiative has proven objection, it is so ordered. (iii) employee relations and other human to be of monumental importance. The bill (H.R. 169), as amended, was capital matters; I applaud the leadership of Congress- read the third time and passed, as fol- (iv) settlements; and man JIM SENSENBRENNER for intro- lows: (v) any other matter determined by the ducing this important legislation. General Accounting Office to be appropriate Resolved, That the bill from the House of for consideration. Working with Congressman SENSEN- Representatives (H.R. 169) entitled ‘‘An Act (3) REPORTS.—Not later than 90 days after BRENNER, I introduced a similar bill in to require that Federal agencies be account- the completion of each study under para- the Senate S. 201, the Federal Em- able for violations of antidiscrimination and graph (1), the General Accounting Office ployee Protection Act. After the House whistleblower protection laws; to require shall submit a report on each study, respec- passed H.R. 169 by a vote of 420 to 0, I that each Federal agency post quarterly on tively, to the Speaker of the House of Rep- urged the Senate Committee on Gov- its public Web site, certain statistical data resentatives, the President pro tempore of relating to Federal sector equal employment ernmental Affairs to act on H.R. 169 opportunity complaints filed with such agen- the Senate, the Committee on Governmental rather than my bill in the interest of Affairs of the Senate, the Committee on Gov- cy; and for other purposes.’’, do pass with the ernment Reform of the House of Representa- moving the process forward. following amendments: tives, and the Attorney General. Finally, I recognize the work of the Ω1æPage 2, line 6, strike out ø2001¿ and insert: No Fear Coalition led by Marsha-Cole- 2002 AMENDMENT NO. 3328 man Adebayo on this bill. Their efforts Ω2æPage 2, in the table of contents, strike out (Purpose: To provide for the General Ac- have been incredible. øTITLE I—GENERAL PROVISIONS¿ counting Office to conduct a study on the The Notification and Federal Em- øSec. 101. Findings.¿ administrative and personnel costs in- ployee Anti-discrimination Act con- øSec. 102 Definitions.¿ curred by the Department of the Treasury tains three main provisions: one, when øSec. 103 Effective date.¿ in the administration of the Judgment agencies lose judgments or make set- and insert: Fund) tlements in harassment, discrimina- TITLE I—GENERAL PROVISIONS On page ll, insert between lines ll and tion and whistleblower cases, the re- Sec. 101. Findings. ll the following: sponsible Federal agency would pay Sec. 102. Sense of Congress. (c) STUDY ON ADMINISTRATIVE AND PER- any financial penalty out of its own Sec. 103. Definitions. SONNEL COSTS INCURRED BY THE DEPARTMENT Sec. 104. Effective date. budget, rather than out of a general OF THE TREASURY.— Ω3æPage 2, in the table of contents, strike out (1) IN GENERAL.—Not later than 1 year after Federal judgment fund; two, Federal ø the date of enactment of this Act, the Gen- agencies are required to notify their Sec. 206 Study by the General Accounting eral Accounting Office shall conduct a study employees about any applicable dis- Office regarding exhaustion of administrative remedies.¿ on the extent of any administrative and per- crimination, harassment and whistle- sonnel costs incurred by the Department of and insert: blower protection laws; and three, each Sec. 206. Studies by General Accounting Office the Treasury to account for payments made Federal agency is required to send an in accordance with section 2414, 2517, 2672, or on exhaustion of remedies and 2677 of title 28, United States Code, and annual report to Congress and the At- certain Department of Justice under section 1304 of title 31, United States torney General. costs. Code, as a result of— Under current law, agencies are not Ω4æPage 2, strike out all after line 9 over to (A) this Act; and accountable financially when they lose and including line 13 on page 4 and insert:

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\CR\FM\G23AP6.113 pfrm04 PsN: S23PT1 S3230 CONGRESSIONAL RECORD — SENATE April 23, 2002 SEC. 101. FINDINGS. relative to annual appropriations for that agen- Ω25æPage 9, strike out lines 18 and 19 and in- Congress finds that— cy, may need to extend reimbursement over sev- sert: (1) Federal agencies cannot be run effectively eral years in order to avoid— years (or, if data are not available for all 5 fis- if those agencies practice or tolerate discrimina- (i) reductions in force; cal years, for each of those 5 fiscal years for tion; (ii) furloughs; which data are available). (2) Congress has heard testimony from indi- (iii) other reductions in compensation or bene- Ω26æPage 9, line 23, strike out øtitle,¿ and in- viduals, including representatives of the Na- fits for the workforce of the agency; or sert: title; tional Association for the Advancement of Col- (iv) an adverse effect on the mission of the Ω27æPage 9, strike out all after line 23 over to ored People and the American Federation of agency. and including line 6 on page 10 and insert: Government Employees, that point to chronic Ω5æPage 4, line 14, strike out ø102.¿ and in- (2) rules to require that a comprehensive study problems of discrimination and retaliation sert: 103. be conducted in the executive branch to deter- against Federal employees; Ω6æPage 4, line 18, strike out øagency,¿ and mine the best practices relating to the appro- (3) in August 2000, a jury found that the En- insert: agency; priate disciplinary actions against Federal em- vironmental Protection Agency had discrimi- Ω7æPage 4, line 21, strike out ø303,¿ and in- ployees who commit the actions described under nated against a senior social scientist, and sert: 303; clauses (i) and (ii) of section 203(a)(6)(A); and awarded that scientist $600,000; Ω8æPage 4, line 25, strike out øCommission,¿ Ω28æPage 10, line 20, strike out øguidelines,¿ (4) in October 2000, an Occupational Safety and insert: guidelines; and Health Administration investigation found and insert: Commission; Ω29æPage 10, lines 22 and 23, strike out that the Environmental Protection Agency had Ω9æPage 5, line 2, strike out øagency,¿ and in- øguidelines,¿ and insert: guidelines; retaliated against a senior scientist for dis- sert: agency; Ω æ agreeing with that agency on a matter of Ω10æPage 5, line 5, strike out øagency,¿ and 30 Page 11, strike out all after line 9 over to science and for helping Congress to carry out its insert: agency; and including line 16 on page 12 and insert: SEC. 206. STUDIES BY GENERAL ACCOUNTING OF- oversight responsibilities; Ω11æPage 5, line 9, strike out ø103.¿ and in- (5) there have been several recent class action FICE ON EXHAUSTION OF ADMINIS- sert: 104. TRATIVE REMEDIES AND ON ASCER- suits based on discrimination brought against Ω12æPage 6, line 3, strike out ø(c),¿ and in- TAINMENT OF CERTAIN DEPART- Federal agencies, including the Federal Bureau sert: (c); MENT OF JUSTICE COSTS. of Investigation, the Bureau of Alcohol, To- Ω æ ø ¿ (a) STUDY ON EXHAUSTION OF ADMINISTRATIVE bacco, and Firearms, the Drug Enforcement Ad- 13 Page 6, line 19, strike out of the and in- sert: , REMEDIES.— ministration, the Immigration and Naturaliza- (1) STUDY.— tion Service, the United States Marshals Service, Ω14æPage 7, line 2, strike out øof the¿ and in- (A) IN GENERAL.—Not later than 180 days the Department of Agriculture, the United sert: , after the date of enactment of this Act, the Gen- States Information Agency, and the Social Secu- Ω15æPage 7, strike out lines 3 and 4 eral Accounting Office shall conduct a study re- rity Administration; Ω16æPage 7, line 14, strike out ølaw,¿ and in- lating to the effects of eliminating the require- (6) notifying Federal employees of their rights sert: law; ment that Federal employees aggrieved by viola- under discrimination and whistleblower laws Ω17æPage 7, line 15, strike out øif to the ex- tions of any of the laws specified under section should increase Federal agency compliance with tent that¿ and insert: if, or to the extent that, 201(c) exhaust administrative remedies before fil- the law; ing complaints with the Equal Employment Op- Ω18æPage 8, line 8, after ‘‘ate,’’ insert: (7) requiring annual reports to Congress on the portunity Commission. the number and severity of discrimination and Committee on Governmental Affairs of the Sen- (B) CONTENTS.—The study shall include a de- whistleblower cases brought against each Fed- ate, the Committee on Government Reform of the tailed summary of matters investigated, informa- eral agency should enable Congress to improve House of Representatives, each committee of tion collected, and conclusions formulated that its oversight over compliance by agencies with Congress with jurisdiction relating to the agen- lead to determinations of how the elimination of the law; and cy, such requirement will— (8) requiring Federal agencies to pay for any Ω19æPage 8, line 14, strike out øalleged,¿ and (i) expedite handling of allegations of such discrimination or whistleblower judgment, insert: alleged; violations within Federal agencies and will award, or settlement should improve agency ac- Ω20æPage 8, line 16, strike out ø(1),¿ and in- streamline the complaint-filing process; countability with respect to discrimination and sert: (1); (ii) affect the workload of the Commission; (iii) affect established alternative dispute reso- whistleblower laws. Ω21æPage 8, line 21, strike out øany,¿ and in- lution procedures in such agencies; and SEC. 102. SENSE OF CONGRESS. sert: any; (iv) affect any other matters determined by It is the sense of Congress that— Ω22æPage 8, line 25, strike out ø(1),¿ and in- the General Accounting Office to be appropriate (1) Federal agencies should not retaliate for sert: (1); for consideration. court judgments or settlements relating to dis- Ω23æPage 9 , line 3, strike out ø, and¿ and in- (2) REPORT.—Not later than 90 days after crimination and whistleblower laws by targeting sert: ; completion of the study required by paragraph the claimant or other employees with reductions Ω24æPage 9, strike out lines 4 through 14 and (1), the General Accounting Office shall submit in compensation, benefits, or workforce to pay insert: to the Speaker of the House of Representatives, for such judgments or settlements; (6) a detailed description of— the President pro tempore of the Senate, the (2) the mission of the Federal agency and the (A) the policy implemented by that agency re- Equal Employment Opportunity Commission, employment security of employees who are lating to appropriate disciplinary actions and the Attorney General a report containing blameless in a whistleblower incident should not against a Federal employee who— the information required to be included in such be compromised; (i) discriminated against any individual in study. (3) Federal agencies should not use a reduc- violation of any of the laws cited under section (b) STUDY ON ASCERTAINMENT OF CERTAIN tion in force or furloughs as means of funding 201(a) (1) or (2); or COSTS OF THE DEPARTMENT OF JUSTICE IN DE- a reimbursement under this Act; (ii) committed another prohibited personnel FENDING DISCRIMINATION AND WHISTLEBLOWER (4)(A) accountability in the enforcement of practice that was revealed in the investigation CASES.— employee rights is not furthered by of a complaint alleging a violation of any of the (1) STUDY.—Not later than 180 days after the terminating— laws cited under section 201(a) (1) or (2); and date of enactment of this Act, the General Ac- (i) the employment of other employees; or (B) with respect to each of such laws, the counting Office shall conduct a study of the (ii) the benefits to which those employees are number of employees who are disciplined in ac- methods that could be used for, and the extent entitled through statute or contract; and cordance with such policy and the specific na- of any administrative burden that would be im- (B) this Act is not intended to authorize those ture of the disciplinary action taken; posed on, the Department of Justice to ascertain actions; (7) an analysis of the information described the personnel and administrative costs incurred (5)(A) nor is accountability furthered if Fed- under paragraphs (1) through (6) (in conjunc- in defending in each case arising from a pro- eral agencies react to the increased account- tion with data provided to the Equal Employ- ceeding identified under section 201(a) (1) and ability under this Act by taking unfounded dis- ment Opportunity Commission in compliance (2). ciplinary actions against managers or by vio- with part 1614 of title 29 of the Code of Federal (2) REPORT.—Not later than 90 days after lating the procedural rights of managers who Regulations) including— completion of the study required by paragraph have been accused of discrimination; and (A) an examination of trends; (1), the General Accounting Office shall submit (B) Federal agencies should ensure that man- (B) causal analysis; to the Speaker of the House of Representatives agers have adequate training in the manage- (C) practical knowledge gained through expe- and the President pro tempore of the Senate a ment of a diverse workforce and in dispute reso- rience; and report containing the information required to be lution and other essential communication skills; (D) any actions planned or taken to improve included in the study. and complaint or civil rights programs of the agency; Ω31æPage 12, after line 16, insert: (6)(A) Federal agencies are expected to reim- and (c) STUDIES ON STATUTORY EFFECTS ON AGEN- burse the General Fund of the Treasury within (8) any adjustment (to the extent the adjust- CY OPERATIONS.— a reasonable time under this Act; and ment can be ascertained in the budget of the (1) IN GENERAL.—Not later than 18 months (B) a Federal agency, particularly if the agency) to comply with the requirements under after the date of enactment of this Act, the Gen- amount of reimbursement under this Act is large section 201. eral Accounting Office shall conduct—

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00120 Fmt 4624 Sfmt 6333 E:\CR\FM\A23AP6.151 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — SENATE S3231 (A) a study on the effects of section 201 on the (d) STUDY ON ADMINISTRATIVE AND PERSONNEL Craig amendment regarding hydro; fur- operations of Federal agencies; and COSTS INCURRED BY THE DEPARTMENT OF THE ther, that 18 hours remain under clo- (B) a study on the effects of section 13 of the TREASURY.— ture on the Daschle-Bingaman sub- Contract Disputes Act of 1978 (41 U.S.C. 612) on (1) IN GENERAL.—Not later than 1 year after stitute amendment. the operations of Federal agencies. the date of enactment of this Act, the General The PRESIDING OFFICER. Without (2) CONTENTS.—Each study under paragraph Accounting Office shall conduct a study on the (1) shall include, with respect to the applicable extent of any administrative and personnel costs objection, it is so ordered. statutes of the study— incurred by the Department of the Treasury to f (A) a summary of the number of cases in account for payments made in accordance with which a payment was made in accordance with section 2414, 2517, 2672, or 2677 of title 28, United PROGRAM section 2414, 2517, 2672, or 2677 of title 28, United States Code, and under section 1304 of title 31, Mr. REID. In the morning, the first United States Code, as a result of— States Code, and under section 1304 of title 31, issue we will take up is the Cantwell United States Code; (A) this Act; and (B) a summary of the length of time Federal (B) the Contracts Dispute Act of 1978 (41 amendment, followed by the amend- agencies used to complete reimbursements of U.S.C. 601 note; Public Law 95–563). ment of the Senator from Idaho, Mr. payments described under subparagraph (A); (2) REPORT.—Not later than 90 days after the CRAIG. completion of the study under paragraph (1), and f (C) conclusions that assist in making deter- the General Accounting Office shall submit a re- minations on how the reimbursements of pay- port on the study to the Speaker of the House of ADJOURNMENT UNTIL 9:30 A. M. ments described under subparagraph (A) will Representatives, the President pro tempore of TOMORROW affect— the Senate, the Committee on Governmental Af- (i) the operations of Federal agencies; fairs of the Senate, the Committee on Govern- Mr. REID. If there is no further busi- (ii) funds appropriated on an annual basis; ment Reform of the House of Representatives, ness to come before the Senate, I ask (iii) employee relations and other human cap- and the Attorney General. unanimous consent that the Senate ital matters; f stand in adjournment under the pre- (iv) settlements; and vious order. ORDERS FOR WEDNESDAY, APRIL (v) any other matter determined by the Gen- There being no objection, the Senate, 24, 2002 eral Accounting Office to be appropriate for at 7:41 p.m., adjourned until Wednes- consideration. Mr. REID. I ask unanimous consent day, April 24, 2002, at 9:30 a.m. (3) REPORTS.—Not later than 90 days after the that when the Senate completes its completion of each study under paragraph (1), business today, it adjourn until 9:30 f the General Accounting Office shall submit a re- a.m., tomorrow, Wednesday, April 24; port on each study, respectively, to the Speaker CONFIRMATION following the prayer and pledge, the of the House of Representatives, the President Executive nomination confirmed by Journal of proceedings be approved to pro tempore of the Senate, the Committee on the Senate April 23, 2002: Governmental Affairs of the Senate, the Com- date, the morning hour be deemed ex- mittee on Government Reform of the House of pired, and the Senate resume consider- THE JUDICIARY Representatives, and the Attorney General. ation of the energy reform bill; that JEFFREY R. HOWARD, OF NEW HAMPSHIRE, TO BE UNITED STATES CIRCUIT JUDGE FOR THE FIRST CIR- Ω32æPage 12, after line 16, insert: the next amendment to be offered be a CUIT.

VerDate 11-MAY-2000 05:35 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00121 Fmt 4624 Sfmt 9801 E:\CR\FM\A23AP6.151 pfrm04 PsN: S23PT1 April 23, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E599 EXTENSIONS OF REMARKS

CONGRATULATIONS TO VOLUN- due University Cooperative Extension Office HONORING THE 7TH ANNIVERSARY TEERS OF LAKE COUNTY PUR- for their loyalty and dedication to the North- OF THE CONSUMER ART SHOW DUE UNIVERSITY COOPERATIVE west Indiana community. The contributions SPONSORED BY THE MORNING- EXTENSION OFFICE these individuals make to their fellow citizens SIDE-WESTSIDE COMMUNITY AC- and the improvements they provide to their TION CORPORATION HON. PETER J. VISCLOSKY communities cannot be measured with num- OF INDIANA bers. They create a feeling of camaraderie HON. CHARLES B. RANGEL IN THE HOUSE OF REPRESENTATIVES that expands throughout their neighborhoods OF NEW YORK and helps to bring a sense of belonging to IN THE HOUSE OF REPRESENTATIVES Tuesday, April 23, 2002 each of their follow citizens. Volunteers are a Mr. VISCLOSKY. Mr. Speaker, it is with vital part of our community, and I am proud to Tuesday, April 23, 2002 great enthusiasm and respect that I wish to represent these dedicated individuals in Con- Mr. RANGEL. Mr. Speaker, I rise today to congratulate the multitude of volunteers who gress. honor the Morningside-Westside Community donate their time and effort to the Lake Coun- Action Corporation as they prepare to host the ty Purdue University Cooperative Extension f Seventh Annual Consumer Art Show in New Office located in Crown Point, Indiana. The York city. devoted assistance of these selfless individ- IN HONOR OF THE PUERTO RICAN Working outside the conventional restraints, uals has brought a spirit of volunteerism to the ACTION BOARD art participants are mental health consumers Northwest Indiana community that embodies from the five boroughs who employ art to the culture of its people. The citizens of North- communicate their singular expressions, idi- west Indiana owe them a debt of gratitude, HON. ROBERT MENENDEZ oms, and viewpoints. The artists represented and they will be honored for their commitment, OF NEW JERSEY in this show have one thing in common, and at a dinner reception celebrating National Vol- that is a history of serious and persistent men- IN THE HOUSE OF REPRESENTATIVES unteer Week on April 23, 2002. tal illness. The beautiful and inspirational art in Mr. Speaker, National Volunteer Week has Tuesday, April 23, 2002 this show celebrates the artist’s individual vi- been celebrated since 1974, when President sion, humanity, and insight. Nixon issued an executive order establishing Mr. MENENDEZ. Mr. Speaker, I rise today I applaud the good people at the Morning- the week as an annual celebration to honor to honor the Puerto Rican Action Board on its side-Westside Community Action Corporation those who volunteer at the local, state, and 30th Anniversary, which was celebrated on for spearheading such a superb gathering of national levels, and also as an opportunity to Saturday, April 20, 2002, at Pines Manor in artistic genius. impress upon others the benefits and sense of New Jersey. Founded in 1994, Morningside-Westside satisfaction that volunteerism provides. This For three decades, the Puerto Rican Action Community Action Corporation is an organiza- year’s theme, ‘‘Celebrate the American Spir- Board (PRAB) has been developing proactive tion that has been actively involved in issues it—Volunteer!’’, carries added significance programs to address the needs of the commu- of the mentally ill. Comprised of a group of after the tragic events of September 11, 2001. nity and improve the quality of life of our fami- mental health consumers, family members, The outpouring of generosity was evident in lies. A private, nonprofit corporation, they have providers, and friends—they work as a team the days and weeks following the attacks, as improved local neighborhoods by caring for to serve not only the mental health commu- volunteers around the country helped initiate our children, educating our youth, maintaining nity, but the community at large. Through day- the healing process. Through the efforts to and improving our homes, ensuring job place- to-day activities, employment, and special these courageous individuals, the Northwest ment opportunities, and fighting for justice in events, the Morningside-Westside Community Indiana community continues to unite. our communities. Action Corporation not only promotes the Through a variety of programs, the Lake Serving all people regardless of age, race, rights of those suffering from mental illness, County Purdue University Cooperative Exten- creed, color, or national origin, the PRAB is but helps increase the understanding of these sion Office assistance to those throughout the only social services agency in central New rights as well. Lake County. The local 4–H Club is committed Jersey that offers comprehensive home im- These dedicated individuals work hard in to positive youth development by planning provement, preschool, and social services order to build a better future for those with camps, workshops, and other activities in through a bilingual/culturally sensitive ap- mental illness. Their commitment to educate, which the young citizens of Lake County can proach. empower, and enrich the mental health con- participate. Master Gardeners is a program sumer should be an inspiration to us all. The present programs and services of that provides volunteers an opportunity to revi- f talize their communities through activities re- PRAB include: Greater New Brunswick and lated to gardening. Members of this group an- Ocean County Multi-Service Program; Pilot HONORING THE DISTINGUISHED swer questions related to gardening, conduct Project for Better Housing; ‘‘Our Children’’ PUBLIC SERVICE OF CLARENCE gardening schools, and work diligently on Project; Youth Development Program; Latino ‘‘PETE’’ PHILLIPS community beautification projects. The Exten- Scholars Program; Student Re-Engagement sion Homemakers Association works to Program; Healing Through the Arts: Artists HON. BART GORDON Mentoring Against Racism Summer Program; strengthen Lake County families and help OF TENNESSEE Bilingual/Multi-cultural Daycare and Preschool them to develop their homes and commu- IN THE HOUSE OF REPRESENTATIVES nities. Volunteers in this group assist families Program; Middlesex County Weatherization to maintain physical and mental health and to Assistance Program; Home Energy Assistance Tuesday, April 23, 2002 use their human and economic resources in Program; New Jersey Statewide Heating As- Mr. GORDON. Mr. Speaker, I rise today to the most efficient manner. These programs, sistance and Referral for Energy Services; recognize the outstanding public service of a along with the many others that the Lake English Classes; and numerous other commu- good friend of mine, Clarence ‘‘Pete’’ Phillips. County Purdue University Cooperative Exten- nity-oriented programs. Pete is retiring at the end of his current term sion Office provide, serve as vital resources to Today, I ask my colleagues to join me in as a representative of the 62nd Legislative the citizens of Lake County. honoring the Puerto Rican Action Board for its District of Tennessee, a seat he has held Mr. Speaker, I ask that you and my other efforts to improve the quality of community life since 1973. distinguished colleagues in the United States for all people. Their presence in our commu- During his nearly 30 years in the Tennessee House of Representatives join me in congratu- nity does not go unnoticed and we give our House of Representatives, Pete served his lating the volunteers of the Lake County Pur- heartfelt thanks for all that they do. constituents faithfully and honorably. He has

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

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.000 pfrm12 PsN: E23PT1 E600 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2002 done a remarkable job helping the commu- west Indiana. The organization focuses on CONGRATULATIONS TO FORT nities he represents grow and prosper. Pete’s providing better and more positive ways of ad- HAYS STATE UNIVERSITY DE- never-ending work to bolster educational op- dressing the important issues facing minorities BATE AND FINANCIAL PLANNING portunities for our children is admirable. And in social and job-related settings. Along with TEAMS his unflinching commitment to help commu- its national organization, the Gary branch of nities provide better services and better jobs the NAACP serves its community by com- for their residents is unequaled. bating injustice, discrimination, and unfair HON. JERRY MORAN Pete has never shied away from his com- OF KANSAS mitments, a trait displayed not only in the Ten- treatment in our society. nessee General Assembly, but also in the Mr. Speaker, I ask you and my other distin- IN THE HOUSE OF REPRESENTATIVES South Pacific during World War II. Pete’s grit guished colleagues to join me in paying tribute Tuesday, April 23, 2002 and determination to get the job done has to the new life members, as well as the other benefitted a wonderful state and a grateful Na- members of the Gary NAACP for the efforts, Mr. MORAN of Kansas. Mr. Speaker, it has tion. activities, and leadership that these out- been a year of remembrance for Fort Hays The people of Bedford and Lincoln counties standing men and women have championed State University, which is in the midst of cele- could not have asked for a better public serv- to improve the quality of life for all residents of brating its centennial year. Few events provide ant. His leadership and work ethic will be Indiana’s First Congressional District. greater reason to pause and appreciate the sorely missed in the General Assembly. As his continuing excellence of this university than wife, Faith, once told me, ‘‘If ever a man had his heart in his work, Pete Phillips did.’’ I cor- f the accomplishments of the last week. In the dially congratulate Pete on his distinguished course of one week the university claimed not INTRODUCTION OF LEGISLATION one, but two national championships. I stand career as a public servant and wish him well TO RENAME THE POST OFFICE in future endeavors. today to recognize this tremendous feat. It is IN LAKE LINDEN, MI, AFTER truly an honor to represent such an out- f THE HONORABLE PHILIP E. standing institution. RUPPE TRIBUTE TO NEW LIFE MEMBERS Two students from my own district, Joe AND OTHER MEMBERS OF GARY, Ramsey of Nickerson and Jason Regnier of INDIANA BRANCH OF NAACP HON. DAVE CAMP Salina started this remarkable week by win- ning the Cross Examination Debate Associa- HON. PETER J. VISCLOSKY OF MICHIGAN tion National Tournament. These students OF INDIANA IN THE HOUSE OF REPRESENTATIVES captured the individual team title and were IN THE HOUSE OF REPRESENTATIVES honored as top speaker in the tournament. Tuesday, April 23, 2002 Tuesday, April 23, 2002 The team was challenged by opponents from Mr. VISCLOSKY. Mr. Speaker, it is my dis- Mr. CAMP. Mr. Speaker, today I rise to pay a number of the country’s most well known universities, however they proved that some of tinct pleasure to recognize and commend the much deserved tribute to former Congressman the brightest minds reside in western Kansas members of the Gary, Indiana, branch of the Philip Edward Ruppe, who ably represented and at Fort Hays State University. I commend National Association for the Advancement of the people of northern Michigan, in Congress, Joe Ramsey and Jason Regnier on their tre- Colored People (NAACP). On Friday, May 3, for over a decade. 2002, the Gary NAACP will hold its 39th An- mendous drive and resolve over the course of nual Life Membership Banquet and Scholar- This bill, introduced by Representative BART their competitive debate careers. Their suc- ship Dinner at the St. Timothy Community STUPAK, designates the facility of the United cess speaks highly of their talent and commit- Church in Gary, Indiana. States Postal Service located at 600 Calumet ment, as well as that of their coach Dr. William This annual event is a major fundraiser for Street in Lake Linden, Michigan, as the ‘‘Philip Shanahan and teammates Brent Saindon and the Gary branch of the NAACP. The funds E. Ruppe Post Office Building.’’ I am pleased Paul Marbrey. generated through this activity, and others like to report to my colleagues that the entire Following the triumphant return of the de- it, go directly to the organization’s needed pro- Michigan House delegation has signed on as bate team, three more students from my dis- grams and advocacy efforts. In addition, the original cosponsors of the measure. trict were declared national academic cham- dinner serves to update and keep the commu- pions. This time Sarah Evans of Garfield, Ste- nity aware of the activities, accomplishments, Congressman Ruppe, whose family has ven Sutter, of Abilene and Nicolette Zeigler of and accolades of the local and national chap- lived in northern Michigan since the late 19th Mankato were honored for their victory at the ters of the NAACP on an annual basis. Century, was born in Laurium, Michigan on The featured speaker at this gala event will September 29, 1926. He is not only an active American Express Financial Planning Invita- be Ms. Janette Wilson, Director of Community civic leader but also a businessman, actively tional. This prestigious competition tests the fi- Intervention and Human Relations for the Chi- involved in the community, and a veteran, who nancial knowledge of students at top univer- cago Public School System. She has worked served his country as a lieutenant in the sities from across the country. Once again, diligently to develop partnerships with local United States Navy during the Korean conflict. Fort Hays State University students proved schools and public agencies. This network themselves among the best in the country. I In 1966, Congressman Ruppe was elected provides mentoring programs, community commend these students for their dedication by the people of northern Michigan to serve in service programs and assistance with after- and energy in preparing for and attaining this school homework centers. the 90th Congress. He served his constituents victory. It is a clear testament to their financial This year, the Gary NAACP will honor faithfully until January 3, 1979. As a member knowledge, motivation, and academic ability. I seven outstanding community leaders for their of the Merchant Marine and Fisheries Com- also offer my thanks to Dr. Thomas Johansen lifelong efforts to further equality in society, as mittee, as well as the Interior and Insular Af- and Dr. Rory Terry for preparing this team so well as one sorority. Joining more than four fairs Committee, Congressman Ruppe was very well. hundred outstanding civil, community, and reli- able to devote much of his focus to the spe- It is a tremendous accomplishment to be gious leaders of the region, the following dis- cific needs of northern Michigan. Congress- recognized as the very best. This level of tinguished individuals will be inducted as life man Ruppe demonstrated his devotion to his achievement would not have been possible members of the Gary NAACP: Larry Pruitt, constituents by becoming the first Congress- without the leadership of President Edward Willie Watkins, Mary Dennis, Hollis Hite, man from the district to operate district offices. Hammond and the support of many other George Tardy, Barbara Bolling, and Cheron members of the Fort Hays State University Reed. Additionally, the Sigma Phi Omega Congressman Ruppe has dedicated his life community. Chapter of the Alpha Kappa Alpha Sorority, to serving his community and his country. He Inc., will be inducted. is an example of everything that is good and I congratulate the Fort Hays State University The Gary NAACP was organized in 1915 by decent in public service and this institution. Debate and Financial Planning Teams on their a group of residents that felt there was a need Naming the post office in Lake Linden, Michi- victories. They have helped make the history for an organization that would monitor and de- gan is just one way we can pay tribute to this of Fort Hays State University that much richer fend the rights of African-Americans in North- fine man and I urge support for the bill. in this its centennial year.

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.004 pfrm12 PsN: E23PT1 April 23, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E601 HONORING THE DEDICATED SERV- cratic ally in the Middle East, and it is impor- the residents and businesses of Northwest In- ICE OF BARBARA KREYKENBOHM tant that the United States steadfastly stand diana. Yet his devotion to his fellow East by Israel at this critical juncture to fight terror. Chicagoans is not limited to this particular en- HON. BART GORDON The United States and Israel have suffered terprise. His philanthropic nature extend to OF TENNESSEE terrible losses and stand shoulder to shoulder various civic organizations in his native city. IN THE HOUSE OF REPRESENTATIVES in the war on terrorism. For these reasons, I Among those touched by his generosity and support Israel and urge my colleagues to join his tireless efforts are the Northwest Indiana Tuesday, April 23, 2002 me. Business Development Commission, the Saint Mr. GORDON. Mr. Speaker, I rise today to f Catherine’s Hospital Foundation, the East Chi- recognize the tremendous contributions Bar- cago School Foundation, Twin City Commu- CONGRATULATIONS TO MR. MI- bara Kreykenbohm has made to Tennessee’s nity Services, the Lake Shore Chamber of CHAEL LOPEZ: EAST CHICAGOAN Sixth Congressional District. A Brookings Fel- Commerce, and the Lake Area United Way. OF THE YEAR low from NASA, Barbara became an invalu- He is one of the founders of American Legion able part of my Washington, D.C., office over Post 508 and most recently he was asked to these past eight months. HON. PETER J. VISCLOSKY participate in the newly developed High Tech As a fellow Tennessean, Barbara started in OF INDIANA Business Incubator sponsored by Purdue Uni- my office as a NASA Fellow eager to assist IN THE HOUSE OF REPRESENTATIVES versity. These organizations, as well as var- me with my work as the Ranking Member of Tuesday, April 23, 2002 ious minority organizations, reciprocate in the House Space and Aeronautics Sub- Mr. VISCLOSKY. Mr. Speaker, it is with kind—their gratitude is evident as they bestow committee. But, she soon assumed a wide va- great honor and esteem that I wish to con- upon him and Actin, Inc. awards commending riety of responsibilities. gratulate Mr. Michael Lopez for being selected his service to the community and to his field Throughout all the pressures exerted in as the East Chicagoan of the Year. For thir- of expertise. As always, Mickey accepts these such a fast-paced workplace, compounded teen years, the Twin City Community Services accolades with a deep sense of humility. with the tragic events of September 11 occur- in East Chicago, Indiana has awarded promi- The Knights of Columbus Hall will be filled ring in her first days with my office, her com- nent members of the community with this title. with individuals who have been blessed with mitment has been a positive influence on ev- This year’s activity will be held on Thursday, the opportunity to enjoy Mickey’s quick wit, his eryone. Barbara accomplished each and every April 25 at the Knights of Columbus Hall in friendly winks, and his warm, inviting smile. assignment with thoroughness and commit- East Chicago. During this prestigious event, Perhaps the most fortunate are his sister ment. Her standards are high and her efforts his family and friends will participate in a roast Cathy and his six children—Laura, Michael, reflect a commitment to excellence. held in his honor. Melissa, Chris, Mark, and Eric—all of whom Although Barbara was originally assigned to As a child growing up in East Chicago, have been able to glean from him an appre- work in my office for only a few months, her Mickey Lopez, as he is affectionately known to ciation for all the opportunities life has to offer, work ethic, research skills and desire to con- his friends and family, understood that if he and a respect for the delicate relationship tinue to learn the workings and intricacies of were armed with patience and determination, forged as one interacts with the greater Capitol Hill soon prompted me to ask her to he would overcome all obstacles as he ven- human family. The next generation of extend her fellowship and stay on as part of tured on the path to success. After graduating Lopezes, which currently includes ten beautiful my staff. from Washington High School, Mickey left the grandchildren, will undoubtedly embrace these But, her skills and talents are needed back confines of the Harbor to attend Indiana Uni- virtues as they continue to uphold Mickey’s at NASA. This is her final week as a member versity in Bloomington. While on campus, a tradition of civic mindedness. of my staff. Although my staff and I are sad to patriotic spirit awakened within him, and he Mr. Speaker, I ask that you and my other see her leave, Barbara’s dedication to science sought an outlet for its release. Selflessly set- distinguished colleagues join me in congratu- and man’s quest for discovery will continue to ting aside his own aspirations so that his nat- lating Mr. Michael Lopez on being recognized serve NASA and the American people well. ural leadership abilities could serve a greater as the East Chicagoan of the Year. His com- f good, Mickey enlisted into the United States mitment and dedication to the citizens of the Marine Corps, where he served as a sergeant First Congressional District deems him worthy SITUATION IN THE MIDDLE EAST for over three years. The ideals of discipline, of this commendation. I wish him continued honor, and loyalty that he presently upholds success, both personally and professionally, HON. JERRY F. COSTELLO were fomented during these years as he ful- and I am honored to represent him in Con- OF ILLINOIS filled his duty to his country. gress. IN THE HOUSE OF REPRESENTATIVES Having completed his commitment to the f Marine Corps, Mickey returned to East Chi- Tuesday, April 23, 2002 cago, eager to establish himself among the HONORING MICHAEL BURR FOR Mr. COSTELLO. Mr. Speaker, I rise today to business leaders of the city. His years spent HIS CHARITABLE WORK AND HIS ask my colleagues to join me in support of at the Laidlow and Industrial Disposal compa- SELECTION AS THOMASTON RO- Israel and its right to defend itself and its peo- nies became the foundation from which his TARY CLUB CITIZEN OF THE ple from terrorism. The struggle between the entrepreneurial spirit flourished. Ever con- YEAR Israelis and the Palestinians is one of the scious of the relationship between industry most longstanding and explosive of all the and community, Mickey keenly observed the HON. NANCY L. JOHNSON world’s conflicts. It has its roots in the historic growing need for an industrial and environ- OF CONNECTICUT claim to the land which lies between the east- mental cleaning organization in East Chicago IN THE HOUSE OF REPRESENTATIVES ern shores of the Mediterranean Sea and the that would serve both the Northwest Indiana Jordan River. Both peoples have suffered and Chicago steel mills. Bolstered by his am- Tuesday, April 23, 2002 greatly as they struggle to coexist and main- bition, he approached his childhood friend Mrs. JOHNSON of Connecticut. Mr. Speak- tain their cultural and political identities. John Hurubean, and together in 1980, the two er, I rise today to acknowledge the achieve- However, the continued suicide attacks over partners opened Actin, Inc. Now more than ments of Mr. Michael Burr of Thomaston, Con- the past six months have triggered the worst twenty years later, from this small seed has necticut. Mr. Burr has been selected by The crisis in the Middle East since the outbreak of sprouted many other services spanning dif- Thomaston Rotary Club as its Distinguished the Palestinian intifada 18 months ago. The ferent types of business throughout Northwest Citizen of the Year for 2002. terror and violence must be stopped. The Indiana and the Chicagoland area. In spite of Mr. Speaker, as an airline pilot with Amer- Chairman of the Palestinian Authority, Yasser the vast area the company covers, the busi- ican Airlines, Mr. Burr organized AAmericans Arafat, has not consistently opposed or con- ness is still intimate and family oriented, em- United Flag Across America, a tribute to the fronted terrorists or renounced terror. The situ- ploying roughly 100 people. More impressive, victims of the September 11th terrorist attacks. ation in which he finds himself today is largely however, is Mickey’s commitment to extending Beginning on October 11th, at Boston’s Logan of his own making. Given his inability to stop his success to underrepresented individuals in Airport, airline employees ran 3,800 miles terrorist attacks, the Israeli government feels it the business world, 85 percent of his em- across the country, carrying an American flag. must defend itself against the terrorist net- ployee base are minorities. Their run followed the planned flight paths of works that are killing its innocent citizens. Under the leadership of Mickey Lopez, Actin American Airlines Flight 11 and United Airlines Israel is our most dependable and only demo- Inc. continues to provide a valuable service to Flight 175. Nearly 4,000 runners took part in

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.007 pfrm12 PsN: E23PT1 E602 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2002 this remembrance. Proceeds from AAmericans Kennedy Center Honors award, and in 1995, lic institution of higher education today in United Flag Across America have gone toward he was the focus of a Kennedy Center all-star terms of the demands made on those who charities helping victims and families of the gala. In 1996, Lionel Hampton’s original re- hold this position. September 11th attacks. cording Flying Home was entered into the Bridgewater State is one of the oldest such Mr. Speaker, Michael Burr’s tireless efforts Grammy Hall of Fame. He holds more than 15 institutions in our country, and has a long tra- on behalf of the AAmericans United Flag honorary doctorate degrees. dition of preparing teachers. Recently it has Across America were crucial to making this re- As a constituent, Lionel Hampton’s talent broadened its mission even while maintaining markable tribute and fund-raiser a reality. Mi- and fame has not compromised his commit- its commitment to the training of educators, chael Burr exemplifies the American ideals of ment to community service. He is a long-term and Adrian Tinsley has significantly advanced freedom, democracy, tolerance and charity to- supporter of public housing and a staunch ad- the college’s academic curriculum by adding ward others. It is people like him who make vocate for the homeless. In the early 1970s, important new programs in economics, crimi- our Nation the most peaceful and prosperous he developed the Lionel Hampton Housing nal justice, public administration and manage- in the history of mankind. His dedication to community and later built the Gladys Hampton ment science and provided strong leadership honoring the memory of September 11th was Housing community in honor of his late wife. in the implementation of advanced technology extraordinary. I am proud to share a Congres- As of this date, those communities are consid- for teaching and learning. sional District with him, and thank him for his ered to be among the premier public housing Indeed Mr. Speaker, thanks to Dr. Tinsley’s charitable works and efforts on behalf of the communities in the country. The Lionel Hamp- leadership, the college today has three new victims of September 11th. ton Community Development Corporation has Schools created during her presidency, the f built more than 500 low and moderate income School of Arts and Sciences, the School of apartments in my Congressional District of Education and Allied Studies, and the School EXTENDING BIRTHDAY GREETINGS Harlem alone. of Management and Aviation Science. AND BEST WISHES TO LIONEL Lionel Hampton’s contributions to excellence Mr. Speaker, one highlight of Adrian HAMPTON to the art form of jazz, personal commitment Tinsley’s tenure was the work she did with our SPEECH OF to community development, and outstanding greatly admired and respected colleague the accomplishment to cultural diversity has more late Joe Moakley, who represented this district HON. CHARLES B. RANGEL than secured his musical genius in the world during the 80s and early 90s before redis- OF NEW YORK of jazz. His record and commitment to jazz is tricting moved it. One of their joint legacies is IN THE HOUSE OF REPRESENTATIVES unparallel. His legacy and commitment to ex- the state of the art John Joseph Moakley Cen- Tuesday, April 16, 2002 cellence, education, and inspiration continue ter for Technological Applications, which is a Mr. RANGEL. Mr. Speaker, I rise today to to gain him special recognition as ‘‘leader,’’ great source of intellectual and economic support H. Con. Res. 363 extending birthday ‘‘genius,’’ and ‘‘jazz great.’’ strength for the entire region, not just for the greetings and best wishes to Lionel Hampton Lionel Hampton has received numerous college where it is located. Indeed Mr. Speak- on the Occasion of his 94th birthday. awards and commendations by local and er, in cooperation with members of the state I also take great pleasure in not only paying State governments, and has received ac- legislative delegation from Southeastern Mas- tribute to a great American and renowned jazz knowledgments from hundreds of civic and sachusetts, Adrian Tinsley has helped BSC artist, but to recognize a constituent, a friend, performance groups. It is for these reasons, become a vital resource for the Southeastern and a community leader—Lionel Hampton. that it is both an honor as well as a pleasure Massachusetts region with outreach programs Because of the enormous volume of work for me to submit these remarks in the CON- that serve the public and private sectors. Lionel Hampton has consistently contributed to GRESSIONAL RECORD in his behalf, for the dec- Adrian Tinsley has presided over significant the National Endowment of the Arts, only his ades of outstanding service and achievements growth at Bridgewater State College, and she most outstanding contributions will be listed in to this American hero, acclaimed jazz artist, has done so in a way that has not allowed di- these remarks. and community activist from my Congressional lution of the spirit of collegiality that is so im- Lionel Hampton was the first black musician District. portant for an institution of higher education. I to perform for a presidential inauguration; f join with all of those whose lives she has President Harry S. Truman in 1949. He also touched with her excellent work in congratu- was one of the first black musicians to perform A JOB WELL DONE lating her and telling her how grateful we are in venues and events previously opened only on the occasion of her moving on. to white performers, including performances HON. BARNEY FRANK f with the Benny Goodman Quartet from 1936– OF MASSACHUSETTS MAYOR WINDY SITTON LEAVES 1940. IN THE HOUSE OF REPRESENTATIVES MARK ON LUBBOCK LANDSCAPE Mr. Hampton furthered the cause of cultural Tuesday, April 23, 2002 understanding and international communica- tion. He received a Papal Medallion from Pope Mr. FRANK. Mr. Speaker, this current se- HON. LARRY COMBEST Pius XII, the Israel Statehood Award, and mester marks the last in the tenure of Dr. Adri- OF TEXAS served as a Goodwill Ambassador for the an Tinsley as President of Bridgewater State IN THE HOUSE OF REPRESENTATIVES College in the Congressional district I have United States. He also received the Honor Tuesday, April 23, 2002 Cross for Science and the Arts, First Class, been privileged to represent for the past ten one of Austria’s highest decorations. Lionel years. Dr. Tinsley came to this very important Mr. COMBEST. Mr. Speaker, I rise today to Hampton is one of the most recorded artists in institution of public higher education on July 1, call my colleagues’ attention to the tireless the history of jazz. 1989, and will thus be finishing up 13 years in dedication and tremendous accomplishments For decades, Lionel Hampton has worked to this difficult and demanding position. She has of Lubbock Mayor Windy Sitton. Mayor Sitton, perpetuate the art form of jazz by offering his performed her duties with enormous skill and the first female mayor of Lubbock, TX, began talent, inspiration, and production acumen to grace and she will be very deeply missed by her political career as a city councilwoman in the University of Idaho, since 1983. In 1985, a multiple of constituencies. Her fellow admin- Lubbock in 1994. Mayor Sitton will focus her the University of Idaho named its school of istrators, the faculty, most importantly of public service efforts on her new role as mem- music after him. He became the first jazz mu- course the students who have been educated ber of the Texas Higher Education Coordi- sician to have both a music school and jazz under her tenure, her fellow administrators of nating Board when her current term as mayor festival named in his honor. higher education elsewhere in Massachusetts, expires next month. I have every confidence His composition, Midnight Sun, became a and the people of the Greater Bridgewater that all Texans will benefit from her new en- jazz classic and his two major symphonic community whose interest she has advanced deavor as those in Lubbock have while she works, The King David Suite and Blues Suite, by her effective administration of this important has been their city council representative and have been performed by major orchestras institution all regret her leaving, even as we all mayor. throughout the world. Mr. Hampton has re- acknowledge that she has earned a dozen Mayor Sitton earned a bachelor of science ceived many honors during his distinguished times over the right to a little rest and relax- degree in education from North Texas State career and has been a frequent guest and ation. This is not to say that she will no longer University in 1966. She also has earned a performer at the White House. be an active and committed member of the in- master of art degree in counseling from Texas President Ronald Reagan once conducted a tellectual and educational community, but few Women’s University in 1971. She received the jazz salute to him. In 1992, he received the jobs can equal the Presidency of a major pub- prestigious honor of ‘‘Distinguished Alumni’’

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.012 pfrm12 PsN: E23PT1 April 23, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E603 from Texas Women’s University in 1997. nutrition, and psychological, and social devel- tion; it received critical acclaim from the New Mayor Sitton is married to Frank and has one opment services. Eight million children and York Times and because a national bestseller. son, John, and two grandchildren. their families across the United States enjoy a Carnival royalty that year were Leo Sibilly and Before entering public office, Mayor Sitton brighter future thanks to Project Head Start. Carmen Nicholson. In those early years, roy- taught High School English for 10 years and Under the direction of Esther G. Lee, Jersey alty was selected solely on number of votes was a high school counselor for more than 7 City Head Start serves 875 children and their sold. By the 1960s, a competition to judge years. During her public service in Lubbock, families in fifteen centers. poise, grace and beauty replaced the votes Mayor Sitton has helped foster a more cooper- Today, I ask my colleagues to join me in sold criteria. Since 1952, Carnival Queens, ative spirit among business, education, and honoring Week of the Young Child and Project and in some years, Kings, reigned over this government, which created a stronger and Head Start; the well being of our nation de- large and colorfully cultural event. more diversified economy in Lubbock. During pends on the livelihood of our children. Thank Road marches were introduced in 1952 her service as mayor, she also supported the you to the community leaders that dedicate when amidst heavy rain, the Duke of Iron, a adoption of the Ports-to-Plains Corridor, which themselves to these outstanding programs. Calypsonian from Trinidad and Tobago, spot- will link Lubbock to an internationally important f composed and started to sing Rain Don’t Stop trade route and provide Lubbock and the West the Carnival. Like a contagion, everyone took Texas region with continued economic growth. IN RECOGNITION OF THE 50TH AN- up the strains and braved the weather to the She also was instrumental in forming the NIVERSARY OF CARNIVAL IN song in the mile-long procession. Many of the Community Relations Commission and the THE U.S. VIRGIN ISLANDS revelers were in paper type colorful costumes Youth Commission, which have opened dia- that were ruined by the heavy downpour. the logues to address complex community issues. HON. DONNA M. CHRISTENSEN high spirits of these masqueraders were not Mayor Sitton’s accomplishments have reached OF VIRGIN ISLANDS dampened by the rains. It only served to driv- far into her community affecting numerous IN THE HOUSE OF REPRESENTATIVES ing them forward into 48 years of Carnival. Though the first steel band came to St. local government services Lubbock residents Tuesday, April 23, 2002 receive, including the areas of parks, police Thomas in 1949, Casablanca, Hell’s Gate and training, firefighting, libraries, sanitation, eco- Mrs. CHRISTENSEN. Mr. Speaker, I rise Bute Force steelbands came in from nearby nomic development, race relations, and estab- today, to commend the people of the Virgin Is- islands, Antigua and St. Kitts to participate in lishing a much needed drainage system that lands on occasion of the fiftieth year of Car- the revived Carnival in 1952. It is from these better protects Lubbock residents and their nival in the U.S. Virgin Islands. This yearlong groups, the first local steel bands including the property. observance is an important and historic time Lincoln School, the Molyneaux All Girls and Mayor Sitton’s achievements have been met for all of us because not only is it Carnival’s the Charlotte Amalie High School (CAHS) with accolades at the local and state level. Golden Anniversary but also is an affirmation Shooting Stars steelbands were organized. Some of her notable recognitions include des- that our culture is vibrant and strong. This Names like Lezmore Emanuel and Alfred ignation as the Best Business Leader in 2000 Golden Jubilee promises to be one of our Lockhart are pioneers of the early local by the Lubbock Avalanche-Journal, a recipient grandest celebrations, the one currently taking steelband movement. By the 1970s, of the Women of Excellence Award in 2000, place this week on St. Thomas and the steelbands had diminished to the extent that and the ‘‘Woman of Distinction’’ Award in 1997 Crucian Christmas Fiesta on St. Croix in De- by the mid 1970s, through the efforts of Glenn by the Leadership Texas Hall of Fame. cember which will complete our year-long ob- ‘Kawabena’ Davis, Bingley Richardson and his Her desire to help more women enter the servance of Virgin Islands culture at its finest. troupe Cavalcade Africana, steelbands such political arena and take advantage of commu- The road to this Golden Jubilee was long and as the Harmonites, Superstars and Halycyon nity service opportunities can only be bene- difficult surviving over the years with the help were brought in from Antigua. For several fitted from the example Mayor Sitton has given of so many talented minds and hands that years, as many as four steelbands were through her successes in public office. Mayor have made this all possible. hosted each Carnival season in areas on St. Sitton exemplifies the positive impact women Impressed with a Carnival in Rio de Janeiro, Thomas such as Polyberg, Frenchtown, and can have in the political arena. Brazil in 1911, Adolph ‘‘Ding’’ Sixto brought Mandahl. By the 1990s, through the effort of I would like to extend to Mayor Sitton my the idea back to the Virgin Islands and be- former Presiding Judge Verne A. Hodge and thanks for her generous service to the city of came the inspiration of the first St. Thomas the Virgin Islands Territorial Court sponsored Lubbock, and my sincerest best wishes in all Carnival that was held on Valentine’s Day Rising Stars Youth Steel Orchestra, her future endeavors. February 14, 1912. A Carnival King, Valdemar steelbands made a dramatic return and domi- Miller and Carnival Queen Cassilda Durbo f nated Carnival in the 1990s more than in any reigned over that event of pomp and pag- other decade. IN HONOR OF WEEK OF THE eantry. Carnival revelry included donkey, bicy- The Prince and Princess were made a part YOUNG CHILD AND PROJECT cle and boat races, greased pig catching, of Carnival Royalty in 1953, the first being HEAD START greased pole, confetti battles, Dixieland plan- former Governor Roy L. Schneider, M.D., and tation life, comedic skits, a regal torchlight pro- Dr. Gwen Moolenaar. On a few occasions, HON. ROBERT MENENDEZ cession and masquerading throughout Char- there were only Princesses. The Carnival Vil- OF NEW JERSEY lotte Amalie. This event was repeated in 1914 lage, like the Food Fair, became an institution IN THE HOUSE OF REPRESENTATIVES with the royalty being King Lt. Knudsen and of Carnival by 1957 serving up a plethora of Queen Amie LaBeet. delicacies and cuisine representing the ethnic Tuesday, April 23, 2002 Unfortunately, with the advent of World War diversity of the Virgin Islands. In this same Mr. MENENDEZ. Mr. Speaker, I rise today I, Carnival came to an abrupt halt. Inspired by year, Carnival was viewed as a Virgin Islands to recognize the Week of the Young Child, Albert ‘‘Happy Holiday’’ Halliday, an editorial festival when Crucian, Melba Canegata was and commemorate the 37th Anniversary of by Ruflis Martin in the Virgin Islands Daily crowned Queen of Carnival. The village was Project Head Start. A luncheon to honor Jer- News 38 years alter, suggested the need to first in the parking lot directly south of Emanci- sey City’s community leaders was held by the revitalize Carnival. Radio personality Mango pation Garden. It has been in Lionel Roberts Jersey City Child Development Centers, Inc., Jones (former Virgin Islands Delegate to Con- Stadium, on the Waterfront and since the early Wednesday, April 17, 2002, in Jersey City, gress, Ron DeLugo) echoed the call to ‘‘Let’s 1970s, it has been housed in the Fort Chris- New Jersey. have a Carnival.’’ A committee headed by tian Parking Lot where 39 booths are placed Week of the Young Child, April 7–13, 2002, Eldra Shulterbrandt put together the first revi- offering an unmatched variety of culinary provides us with the opportunity to reflect on talized festival. The focus was on the parade pleasure. The Carnival Village stage was in- the importance of providing our children with of Masqueraders led by a cavalcade of men creased from 22′×22′ to 40′×40. Since 1985, strong foundations; a successful start leads to and women on horseback adorned in uniform the village has been named in honor of some- a successful future. And with the help of pa- procession. one who has made significant contributions to rental involvement and the guidance from child That day and for years after, Carnival start- Carnival, the first being Christian’s Court in care professionals, our youngest citizens can ed out from Frenchtown. This particular Car- 1985 in honor of Judge Alphonso Christian, a look forward to a future full of opportunity. nival and that first Road March was the frame former Chairman of Carnival. A national early childhood development pro- from which the novel ‘‘Don’t Stop The Car- Initially, the Carnival Food Fair was domi- gram, Project Head Start, focuses on parental nival’’ by Herman Wouk emerged. The Book nated by foods, locally grown fruits, vegeta- involvement and provides education, health, of the Month Club made it a featured selec- bles and plants and drinks. Arts and Craft

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00005 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.016 pfrm12 PsN: E23PT1 E604 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2002 came later. Since food dominates this event, it years, Calypsonians from across the region States of America, our Nation and us all. is now called the ‘‘Food Fair.’’ This event also can be enjoyed rather than just performers Happy 50th Carnival Anniversary! gives recognition to persons who have contrib- from Trinidad. Cultural Night is a free event f uted to the advancement of Carnival. From as night that goes back to the 1960’s where a va- far back as 1987 persons have been singled riety of Quadrille groups backed up by the A TRIBUTE TO MAS AND MARCIA out starting with Horatio Millin Sr., a noted fungi bands performed the seven figures of flat HASHIMOTO farmer and fair participant. The Fair was con- German Quadrille and other European dances ducted on Tuesdays, then moved to Carnival such as Lancers, Seven Step, Two-step Ma- HON. SAM FARR Thursday. In 1996, the fair was moved to zurka, Skottiche and more. OF CALIFORNIA Wednesday to avoid conflict with J’ouvert, Names such as Magnus ‘‘Mongo’’ Niles, Lu- IN THE HOUSE OF REPRESENTATIVES which is held on early Thursday morning of cille Roberts and Moses Baptiste can still be Tuesday, April 23, 2002 heard rolling off the cultural memory scrolls. Carnival Week. Mr. FARR of California. Mr. Speaker, I rise The first Virgin Islander to win an inter- Today Cultural Night also features Bamboula today to recognize and honor the contributions national Calypso competition was Calypso Dancers, Quelbe, Merengue and the highlight made by two longtime community leaders. Bombshell, (Beryl Hill) in 1954 against Carib- is the King and Queen of the Band competi- Mas and Marcia Hashimoto have been work- bean renowed artists such as Zebra, Duke of tion in Junior and Adult categories. On this ing tirelessly for years to educate our local Iron, and Lord Melody. The only locals to hold night, the first glimpse of the troupe’s most communities about the World War II incarcer- that distinction since are Lord Blakie (Kenneth elaborate male and female costumes are on ation of Japanese and Japanese Americans. Blake), 1979 and Mighty Potter (Cecil Potter), grand exhibition. The most recorded winners Mas and Marcia created the idea of ‘‘Liberty 1980. The local calypso competition was con- by any adult entry is William ‘‘Champagne’’ Lost . . . Lessons in Loyalty’’, a re-enactment ducted sporadically in the 1960’s at the then Chandler (King) and Arah Lockhart (Queen) of the incarceration of Japanese and Japa- Center Theater and later CAHS Auditorium. and Alrid Lockhart, Jr. (Jr. King) and Ambi nese Americans and inspired in the larger Names such as Lord Blakie, Mighty Bird, and Lockhart (Junior Queen) in the children’s cat- community a call to action to commemorate Lord Sausage dominated that period. It was egory. an event of enormous historical significance to In 1977, our Carnival was graced with the institutionalized in 1973, the first sovereigns the Pajaro Valley and the United States. ‘‘Lib- presence of the late Esther Rolle of television being Mighty Lark and Ferrari. The current erty Lost . . . Lessons in Loyalty’’ honors those fame for her role as a strong willed but sweet sovereign is St. Clair ‘‘Whadablee’’ DaSilva. incarcerated as well as those who, in single mother in the sitcom ‘‘Good Times.’’ The competition was renamed the Virgin Is- acts of kindness and compassion bravely and lands Calypso Competition about the mid In 1986, in response to Irving ‘‘Brownie’’ Brown’s call, this author started the Quelbe generously supported the internees. It also 1980s and several calypsonians from St. Croix has captured the courageous stories and have won or were runners-up in the finals Tramp. It features persons playing acoustical instruments such as guitar, ukulele, guiro, tri- memories of Japanese and Japanese Ameri- since their involvement. In the mid 1970s local cans incarcerated during WWII in a series of Calypso tents were organized to select angle, ‘‘donkey’’ pipe, tambourines, maracas, bottles, cans, and anything that can make invaluable oral history recordings that will for- through the process of elimination, a field of ever be treasured. ‘‘Liberty Lost . . . Lessons 10 finalists for the local calypso competition. rhythmic noise. Those who are not playing an instrument, sing as they tramp up Main Street. in Loyalty’’ educates the entire community Today, almost 100 contenders perform in sev- about the dangers of wartime hysteria and eral tents hoping to be among the finalists and This tramp brings out from senior citizens to toddlers in strollers, spanning as many as five racism and serves as a forum from which new sovereign who holds the distinction of musical cross cultural understanding of alliances may hero of Carnival. The oldest active Calypso generations, dancing from Market Square to Carnival Village. It has been conducted on be formed. Tent is the ‘‘Sanctum of Wisdom and Fun.’’ Mas and Marcia are recognized community Carnival Wednesdays past but now starts The inspirational mono of 1952, now called leaders and have each served as the presi- around 8 p.m. on Carnival Tuesday following the Carnival theme, was ‘‘Roast-a-time & dent of the Watsonville-Santa Cruz JACL and the Pre-Teen Tramp. On occasion, steel Bamboushay.’’ Carnival themes were institu- where, in their capacity as leaders, they have bands have added a level of grandeur to the tionalized in the 1970s. ‘‘Unity in ‘73’’ is the encouraged, motivated, and inspired all with Tramp. earliest recorded since ‘52. which they have worked. Mas and Marcia Since 1952, the Gypsie Troupe, founded by In 1989, the Carnival Committee opened its Hashimoto have greatly contributed to the the late Gertrude Lockhart Dudley Melchoir, first office after years of Operating from trunks strength and vitality of the Watsonville-Santa and others, as well as the Traditional Indians of cars of the various Chairpersons, or from Cruz JACL, the Japanese American commu- have participated in every Carnival parade. I the workstations of the Chairperson of a given nity, and to the Pajaro Valley. As a team, Mas salute the organizers and members of these tenure. Today, an Executive Director with an and Marcia have shared their lives, their two long-standing organizations and thank Administrative Officer who coordinates and fa- warmth and enthusiasm, and their energy and them for keeping their tradition going for 50 cilitates the efforts of the 29 Committees and passion in creating ‘‘Liberty Lost . . . Lessons years. activity centers of Carnival mans the office. One event that has remained popular from The Virgin Islands Carnival Office is located in Loyalty.’’ Their work, and this project, shall it’s inception is Brass-O-Rama, now renamed, on Kronprindsens Gade in the heart of down- be forever cherished for all to remember. ‘‘Band-O-Rama’’ to include bands that do not town Charlotte Amalie. Since the establish- f have brass instruments. Formally a part of ment of this office, it has become the authority IN SUPPORT OF THE LIFE INSUR- Carnival since 1980, Mandingo Brass was. the on revising operating procedures throughout ANCE EMPLOYEE NOTIFICATION first winner. This event started utilizing local the Caribbean. On any given day, a number of ACT bands but has expanded to involve bands phone calls would be made to this office from from around the region. What used to be other Caribbean committees seeking ways to HON. GENE GREEN called Warm Up Morning when the Carnival improve the way they function. OF TEXAS was revived in 1952 was reintroduced as The Virgin Islands Carnival’s greatest im- IN THE HOUSE OF REPRESENTATIVES J’ouvert on Carnival Friday, 1973. The early pact was realized when the sequel to the risers would be adorned as in masquerade movie ‘‘Weekend At Bernie’s’’ was scheduled Tuesday, April 23, 2002 fashion, cross-dressing and sleepwear. Then to be filmed entirely in the Virgin Islands and Mr. GREEN of Texas. Mr. Speaker, I rise they take to the streets reveling from 4:00 AM they wanted a Carnival scene. The Carnival today to introduce the Life Insurance Em- until it’s time for the Children’s Parade. Be- parade scene which lasted over five minutes ployee Notification Act or the LIEN Act for cause the bands would be engaged earlier, of the final scene, was a spirited climax of the short. then subsequently ready themselves to partici- movie titled ‘‘Weekend at Bernie’s II.’’ As a strong supporter of the American work- pate in J’ouvert, they would be tired to con- Fifty years later, Carnival is still the single er, I am here on the floor introducing legisla- tinue on in the Children’s Parade. Thus, that largest display of all aspects of Virgin Islands tion to stop American companies from profiting parade suffered from a lack of live music, culture. This Golden Jubilee is a celebration of in the deaths of their employees. J’ouvert was eventually moved to Thursdays our struggles and triumphs as a people, and A recent article in the Houston Chronicle in 1996 to ensure live music for the children. a sign that there is much more pageantry, cre- brought to my attention a business practice in- The full week of international Calypso Tents ativity, camaraderie and tradition to be seen volving employers purchasing secret life insur- was reduced to two nights and the World Ca- and to share with the rest of the world. May ance policies on their employees without their lypso King was dropped in 1986. In recent God bless the Virgin Islands of the United knowledge or consent.

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00006 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.020 pfrm12 PsN: E23PT1 April 23, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E605 These policies are known as Corporate- the patron saint of families, working men, so- we continue to witness the outpouring of con- owned Life Insurance or COLI. cial justice, and the church, St. Joseph is re- tributions and compassion following the Sep- Unfortunately, they also have another name, membered in the Catholic tradition as the hus- tember 11 terrorist attacks. By celebrating the ‘‘dead peasant policies.’’ band of Mary and the earthly father of Jesus volunteer spirit, we can show the world that They are called dead peasant policies be- Christ. Celebrated across the villages of Italy helping is healing for our country and can en- cause these Corporate-owned Life Insurance on March 19th as a day of feast, the traditions courage men, women, and children to help policies are usually purchased for the rank- of St. Joseph’s Day continue to be honored by make positive changes in the lives of others. and file employees and not the CEO, CFO, or families outside of Italy by sharing the bless- Volunteerism not only improves the lives of the Board of Directors. ings of food, family, and good fortune with others, it builds a sense of community, breaks Executive Insurance is the norm in cor- those in need. down barriers between people and develops porate America and I have no problem with Our nation’s estimated 25 million Italian- leadership skills. Americans, young and old that because it is disclosed to investors and Americans from all walks of life have left a alike, can and do play important roles in our the individual. permanent and undeniable mark on the history communities. For as long as the American Dead peasant policies, on the other hand, of America. From Alphonse de Tonty, the co- people volunteer their time for the benefit of are not disclosed to the low-level employee founder of Detroit, Michigan to Mother Frances their neighbors, America’s community spirit will because he or she is not eligible to collect the Cabrini, the first American to be canonized, continue to hold tremendous promise for the death benefit. Italian-Americans have contributed in count- future. This failure to notify the ownership of the less ways to the greatness of this country. f death benefit is the crux of the problem. Today, the strong relationship between the American companies are purchasing secret United States and Italy is a testament to the IN RECOGNITION OF FIRST AN- life insurance on the chanced that one of their countless immigrants from Italy who made NUAL NATIONAL HEALTHCARE employees dies and they can collect the six America their home generations ago. VOLUNTEER DAY figure death benefit. Here in Michigan, the seeds of the These companies have created a death de- Downriver Italian-American Club were planted HON. TAMMY BALDWIN rivative. when Joseph Menna of Trenton and Salvatore OF WISCONSIN In a large company with thousands of em- DiPasquale of Wyandotte visualized an Italian IN THE HOUSE OF REPRESENTATIVES ployees, economic modeling can be done to club inclusive of all the downriver communities Tuesday, April 23, 2002 predict how many policies will be collected on in the fall of 1970. One year later, on April 28, in a given year. 1971, with just 41 members and a slate of offi- Ms. BALDWIN. Mr. Speaker, I rise today in This blood money can be used for whatever cers, they celebrated the chartered birth of the recognition of the first annual National the company wants, but most importantly it is Downriver Italian-American Club and began a Healthcare Volunteer Day, which occurred on rarely used to compensate the families of the tradition for generations to come. Today, with Monday, April 22, 2002, during National Vol- dead employee. a seventeen-member Board of Directors and unteer Week. This day was created to recog- While I find the use of life insurance in this social, civic, and entertainment committees, nize the time and effort that many volunteers manner offensive, I understand it is not illegal the Downriver Italian-American Club is a thriv- contribute in healthcare settings and was initi- and is in fact condoned in many states; Texas ing center of language, culture, music, and so- ated and supported by the American Society is not one of them. cial events. With over 500 members, commu- of Directors of Volunteer Services, a national The LIEN Act is a sunshine bill that forces nities are able to join together and celebrate association of managers of healthcare volun- companies to disclose to the employee that a Italian culture, traditions, food and wine. Joy- teers, and the American Hospital Association. dead peasant policy has been purchased in fully celebrating St. Joseph’s Day, the The hope for this celebration is that through their name. Downriver Italian-American Club continues to an annual recognition, the accomplishments of In addition, it requires the company to pro- bring the traditions of Italian culture and cus- volunteers serving the needs of patients, resi- vide the name of the insurer, the benefit toms to families across Michigan. dents, families, visitors, physicians, and staff amount, and under whose name the policy is Italian Americans are an integral part of this may be publicized and commended. in. nation’s success. As Italians and Italian-Ameri- I am proud to say that Reedsburg Area I do not want to ban this practice, but simply cans celebrate the holiday commemorating St. Medical Center, located in my district, was an provide workers with more information about Joseph, we join them in their tribute and honor enthusiastic participant in kicking off the an- what the employer is doing on their behalf. the contributions Americans of Italian descent nual National Healthcare Volunteers celebra- As we saw with Enron, corporations often have made to our great country. tion! do not provide pertinent financial information f I congratulate Reedsburg Area Medical to their employees. Center on its participation in this day as well I am frankly disgusted with this whole prac- IN RECOGNITION OF NATIONAL as the celebration of its 100th anniversary. I tice and am amazed that this all began as a VOLUNTEER WEEK am proud to recognize both this medical cen- simple tax dodge worth billions of dollars. ter and the first annual National Healthcare In the mid 1990s, the Internal Revenue HON. J. DENNIS HASTERT Volunteer Day! Service (IRS) disallowed the classification of OF ILLINOIS f these policies as a legitimate business ex- IN THE HOUSE OF REPRESENTATIVES pense for the purpose of reducing their federal PROTECTING AMERICAN INDIAN Tuesday, April 23, 2002 tax obligation. AND ALASKA NATIVE SACRED I urge my colleagues to cosponsor this im- Mr. HASTERT. Mr. Speaker, I rise today at LANDS portant legislation to protect all hard working the start of National Volunteer Week to recog- Americans from dead peasant insurance. nize the invaluable contributions of volunteers HON. FRANK PALLONE, JR. f to communities across the nation. OF NEW JERSEY From the earliest days of our Nation’s his- IN THE HOUSE OF REPRESENTATIVES IN HONOR OF ST. JOSEPH’S DAY tory, the spirit of volunteer service has been AND THE DOWNRIVER ITALIAN- reflected by neighbors helping one another to Tuesday, April 23, 2002 AMERICAN CLUB overcome obstacles in the pursuit of happi- Mr. PALLONE. Mr. Speaker, as a member ness. The freedom and individual rights at the of the Congressional Native American Caucus, HON. DAVID E. BONIOR core of our society come from a shared re- I rise today in strong support of H.R. 2085, the OF MICHIGAN sponsibility for the health and well being of our Valley of Chiefs Native American Sacred Site IN THE HOUSE OF REPRESENTATIVES communities and for each other. Preservation Act, which would safeguard an National Volunteer Week is a time to recog- area very sacred to a number of Indian tribes, Tuesday, April 23, 2002 nize and celebrate the efforts of volunteers and ask that my colleagues support this bill as Mr. BONIOR. Mr. Speaker, as members of who play such an integral part in creating a well. In addition, I want to comment on the the Downriver Italian-American Club gathered sense of community and shared responsibility need to protect other threatened American In- together to celebrate St. Joseph’s Day, they for our future. This year’s National Volunteer dian and Alaska Native (AI/AN) sacred lands. celebrated a feast day cherished by Italians Week theme, ‘‘Celebrate the American Spirit— Our many democratic forums establish an and Italian-Americans everywhere. Honoring VOLUNTEER!’’ is particularly appropriate as opportunity for discussions to take place to

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00007 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.023 pfrm12 PsN: E23PT1 E606 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2002 better understand the social, economic, legal, them and maintained a history of subordina- sion on us all. As one of the founders of De- and political complexity of AI/AN realities, be- tion of AI/AN spirituality to the interests of troit’s Wayne County Community College, an fore related legislation is brought to the House dominating groups. Federal Government rep- administrator at both Eastern Michigan Univer- floor for a vote. As congressional history dem- resentatives, leaders of historic religions, and sity and Lawrence Technological University, onstrates, the decisions to make as Rep- judiciary members must develop more toler- and a pioneer of televised credit courses on resentatives can either positively or negatively ance and expand their definitions of what con- WTVS-TV, Dr. Strobel’s dedication to edu- impact AI/AN people, and their nations, tribes, stitutes a proper sacred place. cation was unparalleled. A true civil rights ad- bands, villages, and communities. Culture and legal scholar, Davis Mayberry- vocate and activist for so many humanitarian For example, between 1887 and 1934, the Lewis, writes: causes, Dr. Strobel devoted his life to working U.S. Government took over 90 million acres of American Indian religions consider the for peace and equality in his community and land from American Indians without com- earth as sacred, whereas the secular culture beyond. pensation—including sacred lands. More re- that surrounds them considers the earth to Finally, Dr. Strobel demonstrated out- cently, between 1945 and 1968, Congress de- be real estate. It is hard for the strong to standing commitment to his German heritage cided that Federal recognition and assistance give up their ingrained habit of overpowering and worked tirelessly to bring together the the weak, but it is essential if we are to to more than 100 tribes should be terminated. German American community. As founding This termination policy created economic dis- make multiethnic societies like our own work with a minimum of civility. president of the German American Heritage aster for many American Indians, and their na- Foundation International, Dr. Strobel worked Anthropologist Elizabeth Brandt states: tions, resulting in millions of acres of valuable tirelessly to organize programs and actively The free practice of many Indian religions natural resource land being lost through tax support several committees to promote Ger- forfeiture sales. This is a primary reason why requires privacy and undisturbed access to culturally and religiously significant sites man culture and traditions. Bringing together AI/AN families have the biggest poverty level members of the German American community, of any group in the country, at a rate of 31 and their resources. It is irrevocably tied to specific places in the world which derive Dr. Strobel was instrumental in coordinating percent on some Indian reservations. their power and sacred character from their projects with the German Consulate, the Ger- By holding hearings on the impact of legisla- natural undisturbed state. man American Chamber of Commerce, tion related to American Indians and Alaska DaimlerChrysler, and many other businesses Natives, Congress moved to rectify its prior Ultimately, how free are we, really, if the and corporations. decisions by passing self-determination and first religions of our great country cannot be Dr. Strobel has always given 100 percent in self-governance policies. As a result of such protected? I also ask you, what if, despite your every aspect of his life; his work, his commu- policies, AI/AN nations and villages have objections to the contrary, your spiritual place nity, his family, and his friends. Those who greater control over their lands and resources. was being bull dozed for economic activity or had the pleasure of knowing him and the ben- They have made great strides toward revers- spiked for scaling purposes? How would you efit of working with him will continue to re- ing the economic blight that resulted from pre- feel, what would you think and what would you member him as a dedicated, faithful friend. He vious Federal policies, and have revived their do? Therefore I strongly support H.R. 2085, the will truly be missed. unique cultures and nations. I invite my colleagues to please join me in Congress must withstand pressure from Valley of Chiefs Native American Sacred Site paying tribute to one of the most influential those individuals and groups that call for back Preservation Act, which would safeguard an tracking to old AI/AN policies, such as termi- area very sacred to a number of Indian tribes, citizens of southeastern Michigan, and saluting nation and reduction of AI/AN sovereign rights. and ask that my colleagues support this bill as him for his exemplary years of care and serv- We must acknowledge and learn from our well. ice. mistakes, and not repeat them in the future I also call for additional Sacred Land legisla- f because AI/AN nations and people are relying tion to be developed in consultation with In- dian Country. Furthermore, the establishment TRIBUTE TO MADELEINE H. upon our commitments. BERMAN The United States Constitution recognizes of a governmentwide, effective, and com- that American Indian Nations are sovereign prehensive procedure that safeguards the loss governments. Hundreds of treaties, the Su- of further AI/AN sacred lands must be en- HON. SANDER M. LEVIN preme Court, the President, and the Congress acted. We must move swiftly in conjunction OF MICHIGAN have repeatedly affirmed that Indian nations with AI/AN nations before more sacred lands, IN THE HOUSE OF REPRESENTATIVES retain their inherent powers of self-govern- such as Mt. Shasta and Medicine Lake of Tuesday, April 23, 2002 ment. In addition, the U.S. Government is California, Devil’s Tower, and Black Hills of Mr. LEVIN. Mr. Speaker, I ask my col- committed to a trustee relationship with the In- South Dakota, to name a few, are further leagues to rise today to recognize Madeleine dian nations. This trust relationship requires desecrated and damaged. H. Berman, as the Detroit Zoological Society the Federal Government to exercise the high- f establishes the Madeleine Berman Academy est degree of care with tribal and Indian lands IN HONOR OF DR. EUGENE CARL for Humane Education. The Academy has and resources. Sacred lands, and ceremonies associated STROBEL been established in recognition of both a gen- with those lands, are a necessary expression erous grant from the Mandell L. and Mad- of AI/AN spirituality, and often are key to indi- HON. DAVID E. BONIOR eleine H. Berman Support Foundation and vidual an collective wellness. This necessity is OF MICHIGAN Madeleine ‘‘Madge’’ Berman’s lifelong commit- situated deep in the ancient history of these IN THE HOUSE OF REPRESENTATIVES ment to the promotion of the Arts and Human- ities. Indian nations and maintains a prominent Tuesday, April 23, 2002 place in the fact-based stories hand down Madge is a Detroit native, who has worked from one generation to another. Since the Mr. BONIOR. Mr. Speaker, the German- tirelessly on behalf of the Arts in Metro Detroit, coming of the Europeans to these shores in American Heritage Foundation International the State of Michigan and, indeed, the Nation. the late 14th century, these sacred lands have gathered for their 6th Annual Dinner and Musi- She was a pioneer in the establishment of a been subject to intrusion and disturbance as cal Cabaret on April 6, 2002, to celebrate an number of activities and organizations, both lo- settlers laid claim to lands of the AI/AN peo- evening of music, culture, and the life of Dr. cally and state-wide, now recognized as ‘‘insti- ple. Eugene Carl Strobel. Dr. Strobel was a man tutions’’ of our art community. As a member of In 1978, Congress passed the American In- who touched the lives of so many in this com- New Detroit’s Arts Committee, she helped es- dian Religious Freedom Act, recognizing the munity, who was devoted to his family and his tablish the first Detroit Arts Council and served necessity of upholding the protection of AI/AN community. Dr. Strobel’s memory will continue as one of the seven original members of that spirituality within the ambit of the religious to be remembered and cherished after his board. She pioneered efforts for the Leg- freedom guaranteed by the first amendment to passing from this earth on November 21, endary WTVS Public Television Auction and the United States Constitution. Unfortunately, 2001. she participated in creating the Friends of litigation in the courts since then to safeguard One of southeastern Michigan’s unsung he- WDET, Detroit Public Radio. She served for sacred lands, and the ceremonies associated roes, Dr. Strobel was always a leader and an almost a decade on the Michigan Council of with those lands, has for the most part been activist in his community. As a family man, the Arts. unsuccessful. university teacher, administrator, and an activ- In 1984, President Clinton appointed her to Rather than safeguard sacred lands, these ist in humanitarian causes his entire life, Dr. the President’s Committee for the Arts and cases have upheld multiple intrusions upon Strobel’s contributions left an indelible impres- Humanities. In addition to many other boards,

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00008 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.028 pfrm12 PsN: E23PT1 April 23, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E607 she presently serves on the Board of the Reverend Dr. John L. Pratt, Sr. was born in has taken significant steps to ensure that ev- Michigan Humane Society where she works Fredericksburg, Virginia. He graduated from eryone has an opportunity to vote. with public schools in humane educational Walker-Grant High School and attended Storer He has had a distinguished career. He has work. College in Harpers Ferry, WVA, where he ma- attended every single Texas Secretary of Madge’s most recent endeavor wonderfully jored in education. He went on to receive his melds her concern for the animals that share graduate degree from the Bible Institute and State Seminar for Election Officials since the our world, her focus on involving children in American Divinity School also earning a B.A. very first one. He is a member of the Federal creative efforts, and her background in the Degree and Doctorate of Theology. Elections Commission Advisory Panel on Elec- Arts. The Madeleine Berman Academy for Hu- When Rev. Dr. Pratt was elected pastor of tion Administration. He is a member of the mane Education seeks to provide a forum, Zion Shiloh Baptist Church, he told the con- International Association of Clerks, Recorders, through innovative educational programs and gregation, ‘‘I accept the challenge’’ and he Election Officials and Treasurers. He helped creatie activities, where children can explore continues to ‘‘accept the challenge’’ as he re- organize South African absentee voting in and learn to respect the intricate connections mains there to this day. Rev. Dr. Pratt will Houston. He helped organize Russian absen- between animals and humans. quickly tell you that his greatest reward is tee voting in Houston. And, he was the first I know my colleagues join me in celebrating working for the Lord. Among his many accom- election official in the United States to email a and honoring Madge’s admirable endeavors. plishments since arriving at the Church, he ballot to a NASA Astronaut on the space sta- Her husband, Bill Berman, has been a bright has led his congregation to a new church tion. beacon of community involvement and philan- building. thropic work. Together, they have tremen- In addition, to his work on behalf of the Mr. Speaker, I ask my colleagues in the dously enriched our communities and the lives church, the wider church community has also House of Representatives to join me in hon- of countless children. We know that their work recognized him. He is a past recording sec- oring and congratulating Tony J. Sirvello on will endure for many years to come. retary for Progressive National Baptist Con- his retirement. Tony, we wish you well. f vention, past moderator of the New York Mis- sionary Association, member of the Advisory f IN RECOGNITION OF THE AMERICA Board of Community Board #2, member of IN BLOOM PROGRAM Cumberland Community Board, past Secretary TRIBUTE TO THE PHILIPPINE of Moderator’s Department of the Progressive AMERICAN COMMUNITY CENTER HON. J. DENNIS HASTERT National Baptist Convention, member of the OF MICHIGAN OF ILLINOIS Hampton Ministers Conference Board, mem- IN THE HOUSE OF REPRESENTATIVES ber of the Fort Greene Support and Rescue Group, Instructor for New York Missionary HON. DAVID E. BONIOR Tuesday, April 23, 2002 Baptist Association of Ministers and newly OF MICHIGAN Mr. HASTERT. Mr. Speaker, I rise today to elected President of the Brooklyn Council of recognize the important contribution of the Churches and many others. IN THE HOUSE OF REPRESENTATIVES America in Bloom program to communities Rev. Dr. Pratt is married to Mrs. Gertrude Tuesday, April 23, 2002 across the nation. Pratt. They are blessed with two sons; Leo C. America in Bloom is a national beautification Pratt and John L. Pratt, Jr.; a daughter in law, Mr. BONIOR. Mr. Speaker, today I rise to contest that began last year with the participa- Michelle and a loving grandson, Leo Sterling recognize the Philippine American community tion of four cities across the United States. Pratt. of Michigan, who celebrated the historic un- This unique program helps to foster commu- Mr. Speaker, Rev. Dr. John L. Pratt, Sr. has veiling of ‘‘Philippine Street’’, the newly re- nity involvement, patriotism and civic pride been accepting the challenge as the pastor of named home of the Philippine American Com- through the challenge of a friendly competition Zion Shiloh Baptist Church for twenty-five munity Center on April 19, 2002. between participating communities across the years and is still telling everyone to ‘‘Keep country. The contest is judged on the basis of Praying, Caring, Loving and . . .’’ for God an- As Michigan is home to a thriving Philippine eight categories, including tidiness, environ- swers all prayers. As such, he is more than American population and Asian American mental awareness, heritage, urban forestry, worthy of receiving this recognition and I urge community, we have the opportunity to recog- landscaped area, floral displays, turf and my colleagues to join me in honoring this truly nize the accomplishments and contributions of ground cover areas and, most importantly, remarkable man of God. a fabulous people. They possess a focused vi- community involvement. f sion of their future and will do all they feel is This year, the contest will again provide necessary to ensure prosperity. communities with a forum to increase civic HONORING TONY J. SIRVELLO ON pride and community involvement through the HIS RETIREMENT Today, the United States is enriched by the challenge of a national evaluation. The pro- many Philippine Americans who have made gram has registered almost thirty communities HON. GENE GREEN this country their home. As the second largest to date, including Batavia, Illinois, which I am OF TEXAS Asian group in the United States, Philippine proud to represent. IN THE HOUSE OF REPRESENTATIVES Americans are making their mark, serving as It is my hope that more communities will Tuesday, April 23, 2002 actors and novelists, elected officials and box- take part in this program as it brings together ing champions. They have made major con- citizens of all ages, municipal governments Mr. GREEN of Texas. Mr. Speaker, on June tributions to nearly every facet of American so- 30, 2002, Harris County Elections Adminis- and local organizations to work collectively for ciety. The Philippine American community trator Tony Sirvello will retire after overseeing the visual improvement of America’s parks, adds to the wonderful diverse American cul- neighborhoods, open spaces and streets. This the local electoral process for more than two ture by sharing with us their customs, tradi- can only encourage the preservation of our decades. Tony has been a constant in the tions and beliefs. collective heritage and culture while creating a elections office for a majority of my political sense of unity and pride among citizens. career, and I want to congratulate him on a The renaming of the Northland Park Court f job well done. as ‘‘Philippine Street’’ attests to the wealth of Tony has been a life-long resident of Hous- the culture we have developed here in Michi- IN HONOR OF REVEREND DR. JOHN ton. He graduated from St. Thomas High gan. The spirit and enthusiasm of the Phil- L. PRATT, SR. School and then earned a bachelor’s degree ippine American community of Southeastern and a law degree from the University of Hous- Michigan has been such an invaluable asset HON. EDOLPHUS TOWNS ton. He also served in the United States Army to our great state, and has truly been the driv- OF NEW YORK and was awarded the Army Commendation ing force in their success. IN THE HOUSE OF REPRESENTATIVES Medal. In June 1973, he begin to work for Harris I urge my colleagues to join me in congratu- Tuesday, April 23, 2002 County, and in October 1980, he was pro- lating the Philippine American community of Mr. TOWNS. Mr. Speaker, I rise in honor of moted to the position of Supervisor of Elec- Michigan on this landmark day, and I salute Reverend Dr. John L. Pratt, Sr. in recognition tions. In a time in our nation’s history when them all for their tremendous contributions and of his 25th Pastoral Anniversary. more and more Americans do not vote, Tony support.

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00009 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.032 pfrm12 PsN: E23PT1 E608 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2002 CALLAWAY GARDENS 50TH stant contact with its residents. Monthly board provide for the health needs of our women. ANNIVERSARY meetings and an annual meeting held each But if we would stop throwing away $40 billion Spring allow residents an opportunity to have to farmers not to grow crops, maybe then we HON. MAC COLLINS their voices heard, discuss problems and could insure that women who undergo the OF GEORGIA speak directly to elected officials. The monthly trauma of mastectomy are not thrown out of IN THE HOUSE OF REPRESENTATIVES newsletter, which has evolved from a mimeo- hospitals after 1 day. Instead of spending $35 graph hand-delivered bulletin in the last 50s to billion in subsidies to the biggest Gas, Oil, Tuesday, April 23, 2002 a printed publication mailed to residents today, Drilling and Mining Companies in America, Mr. COLLINS. Mr. Speaker, on May 21, is the Association’s main means of commu- how about subsidizing a prescription drug ben- 2002 one of Georgia’s treasures will celebrate nication with its residents. efit for seniors? If we would stop retroactive its 50th anniversary. Created as a place The Broyhill Crest Citizen’s Association corporate tax giveaways to provide the biggest ‘‘prettier than anything since the Garden of strives to make our community a better place. corporations in America with a retroactive re- Eden,’’ Cason and Virginia Callaway envi- Through close relationships with local govern- peal, a rebate check, of corporate taxes dating sioned a verdant preserve of some of the ment officials, it monitors plans and policies to back to 1986 so that ENRON would have re- most beautiful flora and fauna in our Nation. keep residents informed. Social activities, in- ceived a payment from you for $125 million in Today, Callaway Gardens is all of that and so cluding the annual Easter Egg Hunt, July 4th rebated corporate taxes when it did not pay a much more. Celebration, and Santa Visit, have become penny in corporate taxes for the past 4 years. Featuring the world’s largest man-made in- highlights of the community calendar, pro- How about making sure those companies pay land, white-sand beach, a world-class resort, viding a festive gathering place for residents, their fair share and maybe we could save the the world’s largest azalea garden, acclaimed guests, local officials, and families. lives of our women from ovarian cancer. If we golf, birds of prey program, and a collection of Mr. Speaker, in closing, I want to thank the would close tax loopholes that permit rich cor- plumleaf azaleas, a plant which the Callaway’s Broyhill Crest Citizen’s Association for all it porations to run off to Bermuda to avoid pay- rescued from the verge of extinction, Callaway has provided to the community and congratu- ing US taxes, then maybe we could provide a Gardens has been a place of relaxation and late all of its members on this momentous oc- prescription health benefit, reform the HMO beauty for generations of Americans. casion which will be celebrated on Tuesday, system, broaden the scope of research and Keats once wrote, April 23, 2002. I hope that all of my colleagues coverage on women gynecological cancers. A thing of beauty is a joy forever: will join me in congratulating the Broyhill Crest Governing is about making choices, and Its loveliness increases; it will never Citizen’s Association on 50 years of service Representative ROSA DELAURA and I are here Pass into nothingness; but still will keep and wishing them the best in the years to today to make a choice. We are choosing the A bower quiet for us, and a sleep come. life of the women of America, and that’s why Full of sweet dreams, and health, and quiet f we are introducing this important resolution. breathing. Our nation has found the resolve and the That is the most appropriate description I INTRODUCTION OF OVARIAN resources to tackle the most difficult problems have ever heard for Callaway Gardens. CANCER DETECTION LEGISLATION on earth, to produce the most advanced tech- As the family of Cason and Virginia nology, to produce the weapons we need to Callaway celebrate the 50th anniversary of HON. STEVE ISRAEL protect our national security. We must now their parents’ dream, I congratulate them for OF NEW YORK find the resolve and the resources to protect continuing to make that dream a reality. A IN THE HOUSE OF REPRESENTATIVES our people, and especially our women, from friend of farmers, environmentalists, and those Tuesday, April 23, 2002 the ravages of disease. who appreciate beauty, the Callaways have Mr. Speaker, that is our obligation. It is my crafted a marvel of modern day horticulture Mr. ISRAEL. Mr. Speaker, today I am proud obligation. I am confident we can achieve our and botany in the midst of rural Georgia. I am to announce I am introducing in Congress with goals by working together. pleased to represent the people who work at Representative DELAURO of Connecticut a res- f and lead Callaway Gardens, and I am pleased olution that will result in the National Institutes that such a thing of beauty is located in the of Health conducting a complete, multi-institu- 100TH ANNIVERSARY OF NATIONAL Third District of the great State of Georgia. tional trial of a potentially huge breakthrough 4–H PROGRAM f in early ovarian cancer detection. About 75 percent of women with ovarian HON. IKE SKELTON HONORING THE 50TH ANNIVER- cancer are diagnosed in the advanced stage OF MISSOURI SARY OF THE BROYHILL CREST of the disease, when survival rates are only 20 IN THE HOUSE OF REPRESENTATIVES CITIZEN’S ASSOCIATION percent for five years. Early detection brings survival up to 95 percent. Scientists from the Tuesday, April 23, 2002 HON. TOM DAVIS FDA and the National Cancer Institute re- Mr. SKELTON. Mr. Speaker, let me take OF VIRGINIA ported in early February that patterns of pro- this means to congratulate and pay tribute to IN THE HOUSE OF REPRESENTATIVES tein found in blood serum may reflect the 4–Hers all over America as they celebrate 4– presence of the disease. H’s centennial. This year, the National 4–H Tuesday, April 23, 2002 Our resolution will make sure that the Na- Program celebrates 100 years of helping Mr. TOM DAVIS of Virginia. Mr. Speaker, I tional Institutes of Health completes a full field young people develop skills to improve their rise today to honor a community in Fairfax test of the new ovarian cancer early detection lives and contribute to their communities. County, Broyhill Crest Citizen’s Association, process. If the full trial of this simple blood test This year, 4–H programs in all 50 states will on its 50th Anniversary. This neighborhood for ovarian cancer proves effective, I will fight conduct meetings, seminars, and listening has been providing families with the best An- to require that the blood test be given to all sessions at the local, state, and national levels nandale, Virginia has to offer for many years women as part of their annual gynecological to discuss strategies for youth development in and is well-positioned to continue to do so in exam and that Medicare/Medicaid and private the 21st century. The National 4–H Program the future. insurance fully cover the procedure. Centennial Initiative will culminate in a report Broyhill Crest Citizen’s Association was Tough legislation? You bet! But the time to to Congress and the President with rec- founded in 1952 and held its first meeting on act is now. ommendations on the programs that are best Annandale Road with 24 families in attend- Ovarian cancer, the deadliest of the suited to helping America’s youth. ance. Today, the membership includes 1150 gynecologic cancers, is the fourth leading Missouri 4–H programs are coordinated by families covering an area of almost 20 miles, cause of cancer death among U.S. women. University Outreach and Extension, which is a including 15 subdivisions. With a goal of being Ovarian cancer occurs in one out of 57 partnership of the University of Missouri, Lin- more effective in county matters, the Broyhill women; an estimated 13,900 American coln University, the United States Department Crest Citizen’s Association joined the Fairfax women died from ovarian cancer in 2001 of Agriculture, and county governments. 4–H County Federation of Citizens Associations in alone. is often associated with rural communities, but 1953, and today is one of the largest associa- The question before us today is whether we today more than 1000 Missouri 4–H clubs tions in the County Federation. have the determination to commit our national serve as many young people from suburban Priding itself on community relations, the resources to the health of our people. Some and urban areas as from farms and small Broyhill Crest Citizen’s Association is in con- people say we don’t have the resources to towns.

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00010 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.036 pfrm12 PsN: E23PT1 April 23, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E609 Although 4–H has changed over the years MOTION TO INSTRUCT CONFEREES ARTICLE BY THE AMERICAN LEGION AUXILIARY, to meet the changing needs of Missouri fami- ON H.R. 2646, FARM SECURITY DEPARTMENT OF NEW YORK, INC. lies, clubs continue to live up to the 4–H ACT OF 2001 Mary Anne Casadei is a resident of Rome, motto: to make the best better. Group focused New York. She is currently serving as Presi- SPEECH OF dent of the American Legion Auxiliary, De- and family oriented, 4–H promotes positive partment of New York. physical, mental, and emotional growth HON. CHRISTOPHER SHAYS As a member of the largest women’s patri- through programs that help young people build OF CONNECTICUT otic organization in the world, assisting vet- self-confidence and acquire essential life skills. IN THE HOUSE OF REPRESENTATIVES erans is a top priority. She volunteers at the Rome Veterans Administration Clinic and Today’s 4–H features programs covering tradi- Thursday, April 18, 2002 tional topics such as cooking and agriculture Memorial Hospital. Mary Anne is the found- Mr. SHAYS. Mr. Speaker, I rise in strong er and Coordinator of the Griffiss Inde- as well as classes about the environment, pendent Veterans Effort Program (G.I.V.E. workforce preparation, leadership and team- support of this motion. This Congress has consistently, and in a bi- Program), which supports the Griffiss VA work, and community involvement. Clinic with donations and supplies. Missouri 4–H programs are intended for partisan manner, supported easing our failed One of the major programs that the Amer- youth of all income levels, abilities, and ethnic trade embargo on Cuba. A few years ago, we ican Legion Auxiliary deals in, involves Chil- backgrounds. With the upcoming centennial had a breakthrough and enacted legislation dren and Youth. Not only has President that allows the export of food, medicine, and Casadei been the recipient of State and Na- celebrations, it is an especially good time for tional Awards for her auxiliary efforts, she anyone who is interested in joining or volun- humanitarian aid to the island nation. Unfortu- nately, that landmark legislation placed restric- has also served as a Youth Director for the teering for 4–H to get involved. I know the Rome Family YMCA. As Youth Director she Members of the House will join me in con- tions on these sales, the most onerous of led programs for youth at risk and for devel- gratulating the National 4–H Program on which was the prohibition on U.S. financing. opmentally delayed participants from age 8 For the life of me I’ve never understood why reaching this outstanding milestone. to adults. In addition, President Casadei is we are allowing United States farmers access involved in the Family Nurturing Center of Central New York State as a facilitator of f to the Cuban market, but prohibiting our banks from financing these sales. This type of incon- parenting programs. She is also involved at TRIBUTE TO ANTHONY J. sistency doesn’t just harm our financial institu- the Court Street Diagnostic and Treatment BELLOMO, LITURGICAL ARTIST in the Social Work Development. tions, it ultimately harms the very farmers we As President of this great organization her OF THE YEAR AWARD are tying to help. focus is on Parkinson’s Disease. No one The continued restrictions are also hurting knows the causes of Parkinson’s Disease; HON. DAVID E. BONIOR the Cuban people. I don’t think endangering therefore monies raised will go toward much the health and nutrition of the Cuban people is needed research. The Parkinson’s Alliance OF MICHIGAN goal is to find a cure by 2005. Due to the gen- IN THE HOUSE OF REPRESENTATIVES a proper response to our political disagree- ments with Fidel Castro. United States policy erosity and commitment of the Tugman Tuesday, April 23, 2002 Family Foundation, all donations received must focus on promoting a peaceful transition by the American Legion Auxiliary during Mr. BONIOR. Mr. Speaker, today I rise to to democracy in Cuba. As Castro grows older, Mary Anne’s year as Department President pay tribute to a man whose leadership and it is more important than ever for the United will be matched dollar-for-dollar. ‘‘We have achievements in art, building, and craftsman- States to open the Cuban embargo to some an amazing opportunity to make a dif- ship has touched the lives of so many across trade and make efforts to develop a meaning- ference,’’ said President Casadei. President southeastern Michigan and beyond. Anthony ful relationship with the people of Cuba. Casadei’s passion for this program can be at- Mr. Speaker, changing United States policy tributed to the love and support she has for Bellomo, or Tony, as many of his friends and her ailing mother who suffers from Parkin- associates have come to know him, has put toward Cuba is long overdue. Unfortunately, son’s disease. Ms. Casadei and her family Mount Clemens, MI, on the map as a center the current restrictions on trade show there is have seen this disease ravage her mother’s of some of America’s finest liturgical art. This still a cold war mentality, when it comes to our body and take away her independence. How- year, as the Ministry and Liturgy Magazine of Nation’s Cuba policy. Yet, I find it difficult to ever, she and her family remain confident San Jose, CA, selected their ‘‘Liturgical Artist understand how a small island nation of 11 that a cure for this dreadful disease will of the Year’’, they honored Tony Bellomo for million people—without the Soviet Union and eventually become a reality. The Veteran’s Warsaw Pact to protect it—could threaten the Administration has recently allocated funds his wining art ‘‘Trinity in Glory’’ which is incor- to six VA facilities to be used directly for porated in the Sanctuary of St. Joseph’s world’s last remaining superpower. Parkinson’s research. These allocations are a Church in Trenton, MI. I urge my colleagues on both sides of the crucial component in the quest to find a cure As the former director of art at L’Anse aisle to support this motion which will clear for this devastating disease. Creuse High School North, Tony left his teach- away legal restrictions on the sale of food and President Casadei is also a strong sup- ing job to pursue his love of art and good medicine to Cuba. Besides benefiting the peo- porter to an amendment to the U.S. Con- craftsmanship. His strong interest in building ple of Cuba, passage of this motion will ben- stitution that would ban burning of the American flag. Traveling throughout the 62 and construction led him to launch the Black efit United States trade interests, strengthen our economy, and create jobs. counties in New York State, President Forest Building Company in 1982, which has Casadei has vowed to protect the American since grown into a highly successful company f Flag from physical desecration. The promi- specializing in uniquely designed decks, gaze- RECOGNIZING MARY ANNE nence of the American flag in just hours fol- lowing the September 11th attacks on Amer- bos, gardens, and buildings. As a deeply de- CASADEI voted Christian, Tony then brought his unique ica is a matter of visual record that will talents and style to the field of liturgical art. stand for some time. Americans revere the Flag as a symbol that unites us all across Recognized nationally for his prayerful ap- HON. SHERWOOD L. BOEHLERT OF NEW YORK our great nation. proach and artistic sincerity, today Tony’s litur- President Casadei’s leadership and loyalty IN THE HOUSE OF REPRESENTATIVES gical art is in 50–100 churches in 10 States is evident not only to the American Legion across the Nation. Tuesday, April 23, 2002 Auxiliary but throughout her community; to Additionally, Tony’s innovative style and ar- Mr. BOEHLERT. Mr. Speaker, I rise today her family and friends; and especially to the tistic philosophy will bring him to the next to recognize Mary Anne Casadei, President of veterans that sacrificed their lives while de- fending our country. White House conference on the ‘‘Healing Arts’’ the American Legion Auxiliary, Department of in Washington, DC. His philosophy on art and New York Inc. for her outstanding efforts in f its healing power has also led him to begin assisting veterans and children. Ms. Casadei’s 80TH ANNIVERSARY OF THE pioneering work with hospital traumatic units, dedicated service and leadership has helped BOROUGH OF LINCOLN PARK, NJ cancer treatment centers, and psychiatric enhance the quality of life for many veterans units. and children in the Rome, New York area. I HON. RODNEY P. FRELINGHUYSEN Tony Bellomo’s commitment to art and faith applaud Ms. Casadei’s achievements and OF NEW JERSEY has truly been the driving force in his success. those of the American Legion Auxiliary. IN THE HOUSE OF REPRESENTATIVES He is a distinguished artist and leader in his I am inserting into the CONGRESSIONAL community. It gives me great pleasure to RECORD, an article that outlines Ms. Casadei’s Tuesday, April 23, 2002 honor Tony, and I urge my colleagues to join accomplishments for the review of my col- Mr. FRELINGHUYSEN. Mr. Speaker, I rise me in saluting him on this milestone occasion. leagues. today to commemorate the 80th anniversary of

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00011 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.040 pfrm12 PsN: E23PT1 E610 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2002 the Borough of Lincoln Park, County of Morris, vincial of the PHJC Community from July of and educational activities. For an increasing NJ. 1967 to July of 1973. For the next twelve number of children, the YMCA fills the void in The history of Lincoln Park dates back to years, Sister Kathleen held hospital adminis- their lives and gives them direction and sup- the founding of our Nation, with settlers first trator positions at St. Joseph’s Hospital in Fort port in our ever-changing world. taking up residence as early as 1690. Origi- Wayne, Indiana and St. Mary’s Hospital in Through a variety of innovative and sup- nally referred to as Two Bridges and later as East St. Louis, IL. From 1985 to 1991 Sister portive programs, the Shoreline/South County Beavertown, the town’s current name was Kathleen served as Provincial of the PHJC YMCA serves more than 3,450 individuals adopted in 1872. congregation. Most recently, Sister Kathleen each year. The YMCA reaches out to families In April of 1922 the residents established served as chairperson of Ancilla, Inc., from of young children through such programs as the Borough of Lincoln Park as a separate July 1991 to April 2002. While serving as Y-Guides & Y-Princesses and an endless town from the Township of Pequannock fol- chairperson, she has served on a number of array of youth sports activities. Additionally, lowing the passing of a referendum. boards and committees, including: American the YMCA child care sites at public schools Today Lincoln Park is home to 10,930 proud Hospital Association, Catholic Health Associa- and summer day camps give working parents citizens and has been voted by the State of tion, Illinois Catholic Health Association, Gary the security of quality, affordable day care, New Jersey as its ‘‘Third Kindest Town.’’ Community Health Foundation, Edgewater with nearly a third of participants receiving fi- As the Borough of Lincoln Park commemo- Systems for Balanced Living, Legacy Founda- nancial assistance from the YMCA. In an effort rates its 80th anniversary its residents also re- tion, Inc., St. Joseph Community Health Foun- to reach out to teens in the community—many member those that were lost on September dation, Health Visions Midwest, St. Joseph of whom are considered at-risk—the YMCA 11, 2001, with a memorial service and the Hospital Advisory Board, St. Joseph Hospital partners with area schools and city govern- dedication of a ‘‘Living Memorial’’ near the rail- Ethics Committee and Mission Effectiveness ments to provide tutors at middle schools, road station. Committee, Sagamore Health Network and after school programs through Klub Kellogg, In September 2001, Lincoln Park suffered Advantage Health Plan Mission Effectiveness and leadership building skills for teens through the loss of three of its residents, Peter Wal- Committee, Community Foundation of North- their YMCA Youth & Government program. lace, Catherine Nardella, and Mark Zangrilli. west Indiana, Inc., St. Joseph Regional Med- The YMCA does not do this alone. The Despite the tragedy, the Borough banded to- ical Center Board, The Discovery Alliance greater Shoreline/South County community gether and raised $20,000 for the World Trade Board, YWCA of Gary, and Linden House of generously supports the YMCA to sustain Center Fund at its annual Lincoln Park Day on Gary. these invaluable services. This year alone, September 22. Among her many contributions to the care Shoreline/South County residents, community ‘‘By serving causes greater than ourselves,’’ of all God’s people, Sister Kathleen founded leaders and area businesses donated a the men, women, and children of Lincoln Park the Nazareth Home in East Chicago, IN, in record-breaking $100,000 to the annual Part- are helping to defeat terrorism with the ‘‘Best 1993. Nazareth Home is a foster home for ners for Youth Campaign. of America,’’ as President Bush has urged us children born of mothers who are addicted to Mr. Speaker, I urge my colleagues to join all to do. various substances or who have AIDS. She me in honoring the Board of Directors, staff, Mr. Speaker, for the past 80 years, the Bor- was also a leader in founding the Sojourner and volunteers of the Shoreline/South County ough of Lincoln Park has played a significant Truth House, which is a daytime ministry for YMCA for their unwavering commitment to role in helping to create the cultural fabric of needy women and children in Gary, IN. Sister youth and families and their tireless work to our State and the municipality will certainly Kathleen is currently active in parish life at improve their community, one child, one family continue to do so in the years to come. I con- Holy Angels Cathedral in Gary. at a time. gratulate the citizens of the Borough of Lincoln Mr. Speaker, America is made a better f Park on their special anniversary year, and place because of the tireless and unselfish TRIBUTE TO MR. RICHARD urge all my colleagues to join me in wishing service of its citizens. Sister Kathleen Quinn is SHOWLER them well. a woman who has dedicated her entire life to f helping those around her, resolutely working HON. GARY G. MILLER to aid the needy, and serving as an upright pil- CONGRATULATING SISTER OF CALIFORNIA lar of morality and conscience. In so doing, KATHLEEN QUINN IN THE HOUSE OF REPRESENTATIVES she has strengthened her community and the whole of our country and society. I ask you Tuesday, April 23, 2002 HON. PETER J. VISCLOSKY and my other distinguished colleagues to join Mr. GARY MILLER of California. Mr. Speak- OF INDIANA me in commending Sister Kathleen Quinn for er, I rise today to recognize the accomplish- IN THE HOUSE OF REPRESENTATIVES her lifetime of remarkable accomplishments, ments of Richard Showler, a professional truck Tuesday, April 23, 2002 enduring service, and the unforgettable effect driver for Roadway Express, Inc. who recently she has had on the people of northwest Indi- logged over one million miles on the road Mr. VISCLOSKY. Mr. Speaker, it is with ana. The staff at Ancilla Systems, Inc., will without a preventable accident. great pleasure and admiration that I congratu- surely miss her enthusiasm, but we thank her To put Mr. Showler’s accomplishment in late Sister Kathleen Quinn upon her retirement for her years of service and wish her happi- perspective, a million miles is the equivalent of as chairperson of the Ancilla Systems Board ness in her well-deserved retirement. circling the earth’s equator 38 times. That’s of Directors. I can truly say Sister Kathleen is f quite a distance. one of the most dedicated, distinguished, and Although a million miles is probably more committed citizens of Indiana’s First Congres- IN RECOGNITION OF THE than an entire family ever drives—or more sional District. Northwest Indiana and Ancilla SHORELINE/SOUTH COUNTY YMCA than I would ever drive—what is particularly Systems, Inc., has certainly been rewarded by important and noteworthy about Mr. Showler’s the true service and uncompromising loyalty HON. JAY INSLEE record is that he’s managed to log all of those she has displayed to her community. OF WASHINGTON miles responsibly and attentively. Sister Kathleen entered the religious com- IN THE HOUSE OF REPRESENTATIVES Even more impressive, perhaps, is that Mr. munity and made her First Profession in June Showler has driven the majority of these miles of 1949. She graduated from St. Joseph’s Tuesday, April 23, 2002 on what are arguably the most congested School of Nursing in 1952, and received a Mr. INSLEE. Mr. Speaker, it is with great parts of Southern California’s highway system. BSN in Nursing from Loyola University and a pleasure that I commend the Shoreline/South Indeed, anyone familiar with the gridlock and MSN in Nursing Service Administration from County YMCA on their outstanding contribu- traffic that is characteristic of Southern Cali- the Catholic University of America, located in tion to youth and families in the greater Shore- fornia could attest to the difficulty of negoti- Washington, DC. She began her nursing ca- line/South Snohomish County area of the ating those roads in a car, much less a semi- reer in the Obstetrics Department at St. State of Washington. truck with a full trailer of goods. In short, Mr. Anne’s Hospital in Chicago and later served Now in their 49th year of service in the com- Showler is among the most distinguished and as the hospital’s Director of Nursing Services munity, the YMCA builds upon a long-standing safe drivers out on the road today. from 1960 to 1965. For the next 2 years, Sis- tradition of putting kids and families first by Mr. Showler, a member of Local 952 of the ter Kathleen served as the Assistant Adminis- providing a location where families can spend International Brotherhood of Teamsters, has trator of Nursing at St. Mary’s Hospital in East time together and young children and teens been with Roadway for twenty-two years. Hap- St. Louis. She then became the Assistant Pro- can find a safe environment full of stimulating pily married, with a son, Mr. Showler resides

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.044 pfrm12 PsN: E23PT1 April 23, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E611 in Yorba Linda, California. I have no doubt his sional path, it also gives them the means to onstration sites for the Social HMO program. family is proud of him. When he’s not out on do so. It levels the playing field so that work- The Social HMO expands comprehensive the road, Mr. Showler is an active long board ers who have lost their job because of foreign HMO benefits to include community-based surfer and helps coach his son’s Little League competition have a fair chance at turning mis- long-term care and some nursing home care. games. fortune into opportunity. As the wave of global Thanks to Sam Ervin’s many years of re- Mr. Speaker, I am proud to rise today to pay economic change forces our workers to adapt, markable leadership and dedication to improv- tribute to Mr. Showler’s record of safety, and we must give them the tools to succeed. This ing the lives of senior citizens, today, SCAN I hope my colleagues will join me in saluting bill is a strong step in the right direction. serves more than 50,000 members in four his one million-mile driving safety achieve- f Southern California counties. Since its incep- ment. tion, SCAN has made a unique and significant f MOTION TO INSTRUCT CONFEREES contribution to seniors’ ability to remain ON H.R. 2646, FARM SECURITY healthy, independent and in control of where SMALL BUSINESS AND DIS- ACT OF 2001 they live and how they live. LOCATED WORKER OPPOR- As a testament to SCAN’s success and ne- TUNITY ACT SPEECH OF cessity, I have introduced H.R. 2953, the Co- HON. JAMES P. MORAN ordinated Community Care Act of 2001 to HON. JOHN ELIAS BALDACCI make Social HMOs a permanent part of the OF VIRGINIA OF MAINE Medicare+Choice program. I am proud to do IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES so and to recognize Sam Ervin for his con- Tuesday, April 23, 2002 Thursday, April 18, 2002 tributions to the improved quality of life for thousands of seniors. Mr. BALDACCI. Mr. Speaker, at a time Mr. MORAN of Virginia. Mr. Speaker, I rise f when American workers are facing new chal- in strong support of my friend, Representative lenges, it is important to open new avenues to BACA, and his motion to instruct farm bill con- INTRODUCING THE TAX EXEMP- prosperity and economic success. Entrepre- ferees to restore food stamp benefits to immi- TION FOR MILITARY STUDENT neurship has long been such a path: it holds grants. LOAN REPAYMENTS ACT the promise that anyone can pursue his or her The Baca motion supports immigrants being own dream. Workers who have been laid off allowed to apply for food stamps if they are HON. GARY G. MILLER because of import competition deserve to be low-income and have been in the United OF CALIFORNIA able to pursue such opportunities. They also States for 5 or more years. Children would IN THE HOUSE OF REPRESENTATIVES also be eligible for food stamps regardless of deserve a helping hand as they forge this new Tuesday, April 23, 2002 path for themselves. when they entered the United States. The Trade Adjustment Assistance Program In my congressional district, the restoration Mr. GARY MILLER of California. Mr. Speak- was designed to help workers who are dis- of food stamps benefits is very important. Ev- er, today, I am introducing the ‘‘Tax Exemption placed due to foreign competition. It provides eryday, many of my constituents, who often for Military Student Loan Repayments Act.’’ assistance so that such workers may seek hold more than one job, wake up and go to Today’s military requires more high-tech training to gain new skills, and launch them- work to provide for their families. Studies have skilled personnel than ever before and the selves onto a more stable and prosperous ca- shown that 43 percent of legal immigrants are military continues to have a dire need to re- cruit for its shortage of medical personnel. To reer track. However, the program can do more working jobs that pay less than $7.50 an hour, fill these jobs known as military occupational to help people who want to start their own with little increase in wage rates. specialists or MOSs, the Army, Navy and Air businesses. Restoring these benefits would be inexpen- This bill will accomplish that goal. It speci- sive. In fact, the cost for restoring these bene- Force utilize student loan repayment programs to attract skilled recruits who have gained fies that workers who pursue self-employment fits has already been built into the $6.4 billion high-tech, medical, or other valuable skills, but assistance activities—such as entrepreneurial allotment for the nutrition title in the farm bill. may be hesitant to join the military because training, business counseling, technical assist- The diet of our nation’s children and fami- they have incurred substantial indebtedness to ance and related training approved by an ap- lies, whether they were born in the United finish their college education. propriate State agency—can still qualify for States or somewhere else, should be one of The military student loan repayment pro- Trade Readjustment Allowances (extended the most important considerations in this gram remains popular among military officials benefits equal to unemployment insurance) year’s farm bill debate. Restoring food stamps because it targets a growing population of under the TAA program. benefits to immigrants would be a step in the people with skills that the services can use. In addition, this bill also ensures that dis- right direction. Unfortunately, these payments made towards placed workers have a more realistic chance While the Senate and House farm bill con- student loan debt are considered taxable in- to succeed in their new business. People who ferees continue to work hard to reconcile the come although these payments are made di- have unexpectedly lost their jobs have rarely differences in their farm bills, I urge them to rectly to the student loan creditor, and the sol- had the chance to plan or to save the extra re- consider the Baca motion and make restoring dier, sailor, or airman never sees these pay- sources needed to start a business. On top of food stamps benefits to our hardworking immi- ments reach their wallets. As a result, unless that, they face ongoing living and medical ex- grants a reality. the military person requests additional funds to penses. Unemployment Insurance and TRA f be withheld from their pay, they will in most can help to meet these costs, but they stop as cases owe a significant amount in taxes for COMMEMORATING SAM L. ERVIN, soon as a new business starts, at a time when each year repayments are made. most businesses are still struggling and when HEALTHCARE PIONEER Having to pay taxes on this important re- the income they bring is most insecure. cruitment incentive reduces the effectiveness That is why this bill will allow workers who HON. STEPHEN HORN of the program, which is designed to attract have undergone entrepreneurial training to OF CALIFORNIA highly skilled military personnel to fill critical continue receiving TRA during the first six IN THE HOUSE OF REPRESENTATIVES military occupational specialities. Further, the months after the start of their new business. Tuesday, April 23, 2002 taxation of these payments seems to place an This gives displaced workers a crucial source overly burdensome tax on the pay of military of income support, and helps them overcome Mr. HORN. Mr. Speaker, I rise today to rec- personnel who must already contend with a the distinct disadvantage their job dislocation ognize the long and distinguished career of 7.6% military to civilian gap in pay. To en- has caused. However, to ensure that busi- Sam L. Ervin, a pioneer in the development of hance these recruitment efforts and deliver tax nesses succeed on their own merits, the bill innovative and cost effective programs that relief to military personnel, the ‘‘Tax Exemp- provides for these extended payments to be enhance the quality of life for older and dis- tion for Military Student Loan Repayments phased out over time. Thus, workers would be abled adults. Act’’ will amend Section 134 of the Internal eligible for full TRA in the first 14 weeks after Mr. Ervin was the founding executive officer Revenue Code of 1986 to exclude the mili- they start their new business, 75 percent of of the original Senior Care Action Network tary’s student loan repayment from taxable their benefit in the 6 weeks thereafter, and 50 (SCAN), a social health maintenance organi- gross income. percent of the benefit in the next six weeks. zation in Long Beach, California. SCAN was Mr. Speaker, I urge my colleague to support This bill not only gives hard-working Ameri- selected by the then Health Care Financing this legislation, which will enhance the mili- cans the freedom to pursue a new profes- Administration in 1982 to be one of four dem- tary’s effort to recruit highly skilled personnel,

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00013 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.046 pfrm12 PsN: E23PT1 E612 CONGRESSIONAL RECORD — Extensions of Remarks April 23, 2002 deliver tax relief to our underpaid men and 600 blind and visually handicapped listeners In addition, I would also like to applaud women in uniform, and make the military a located in the Mid-Hudson region of south- President Bush’s effort to restore food stamps more viable option for people who wish to eastern New York. This outstanding organiza- for legal immigrants, which is of critical impor- serve their country but are weighted down by tion informs its listeners of local events and tance to so many families all across this coun- their student loan debt. news, which is broadcast by Radio Vision’s try. Unfortunately, conferees from the Presi- f dedicated volunteers. dent’s own party voted to block the Adminis- To the more than 8 million Americans with tration’s proposal to restore food stamps to CONGRATULATING COW CREEK visual impairments, programs such as Radio legal immigrants on April 10th. BAND OF THE UMPQUA TRIBE OF Vision are valuable assets. Instead, they voted for a far more stringent INDIANS ON THEIR 20TH ANNI- Radio Vision, an outreach service of the proposal that would make it virtually impos- VERSARY Ramapo Catskill Library System, is a radio sible for immigrant families to qualify for food reading program for the blind, visually handi- stamp benefits. This opposition is preventing HON. PETER A. DeFAZIO capped and print impaired listeners 24 hours more than 350,000 people from benefiting OF OREGON a day in the lower Hudson Valley region. from this program that helps poor families feed IN THE HOUSE OF REPRESENTATIVES Radio Vision allows listeners daily to stay in- their children. formed with news of their community and the Mr. Baca’s proposal contains the same pro- Tuesday, April 23, 2002 world-at-large and thus enables them to par- visions that were in the Administration’s pro- Mr. DEFAZIO. Mr. Speaker, I rise today to ticipate in discussions of local and current posal, which passed the Senate by the over- recognize and to congratulate the Cow Creek events. This service is made possible by the whelming vote of 96 to 1. These provisions in- Band of the Umpqua Tribe of Indians on the dedication of volunteers that have helped clude allowing legal immigrants access to food twentieth anniversary of their federal restora- make this service a success since 1979, and stamps after 5 years, allowing individuals with tion. Saturday, April 27, 2002, will be a day of it is supported by Outreach Funds from the 16 quarters of work to be eligible for food joyous celebration of their renewal. New York State Legislature. stamps, and restoring food stamp benefits to In 1954, the Termination Act severed the Many of us take the gift of sight for granted, children and other vulnerable populations re- trust relationship between the Federal Govern- especially with our ability to watch television or gardless of date of entry. ment and the small tribes and bands of west- read newspapers in order to learn of the daily I urge my colleagues to support this motion ern Oregon, Including the Cow Creek Band of worldwide events. We are incapable of know- to instruct conferees and help ensure that all the Umpqua Tribe. If you can imagine losing ing what it is like to be blind and have no legal immigrants, especially children, are eligi- your home and having your identity expunged other means of gathering information without ble for food stamps. Legal immigrants who by an action of Congress, you can begin to the sense of sight. Radio Vision provides the work hard, live by the rules, pay taxes, and understand the consequences of termination blind residents of our Mid-Hudson region the even serve in our armed forces deserve ac- for the Cow Creek Umpqua. opportunity to find out news and current cess to food stamps. Lets do the right thing The termination of the Cow Creek Band of events, since the means of conveying informa- and pass this motion to instruct conferees. the Umpqua Tribe was only one of many cata- tion via television and newspapers to the blind f strophic events in the history of their relation- is impossible. ship with the United States Government. By It is our duty in the United States Congress MOTION TO INSTRUCT CONFEREES 1954, they had been stripped of their home- to help the citizens of our nation with disabil- ON H.R. 2646, FARM SECURITY lands, survived relocation, and suffered the ities and to support the programs that focus ACT OF 2001 loss of their reservation lands. Yet, despite on creating a better life for others. great tragedy and unimaginable loss, the Cow Moreover, I have cosponsored H.R. 1601, SPEECH OF Creek Umpqua endured. which would have amended the Social Secu- HON. MAXINE WATERS rity Act to restore the link between the max- In 1982, the Cow Creek Umpqua were re- OF CALIFORNIA imum amount of earnings by blind individuals stored as an Indian tribe and established for- IN THE HOUSE OF REPRESENTATIVES mal relations with the Federal Government. permitted without demonstrating their ability to Thursday, April 18, 2002 The Recognition Law was a tribute to the in- engage in substantial gainful activity and the domitable spirit of countless tribal elders and exempt amount permitted in determining ex- Ms. WATERS. Mr. Speaker, today, we are tribal leaders, like Ellen Furlong Crispen and cess earnings under the earnings test. voting on H.R. 3839, ‘‘Keeping Children and Sue Crispen Shaffer, who refused to let the Last year, I supported the Medicare Vision Families Safe Act.’’ Preventing child abuse, Cow Creek Umpqua be extinguished. Rehabilitation Coverage Act which would have providing family support to decrease the num- Recognition of the Cow Creek Umpqua en- provided for coverage of vision rehabilitation bers of abandoned infants, and establishing riched the lives of tribal members, and local services under the Medicare Program. These transitional housing for domestic violence vic- communities gained a strong and active part- bills will increase older individuals’ access to tims are all critical pieces of keeping people ner in their efforts to help youth and families. vision rehabilitation services and increase safe. Making sure they have adequate food is The Cow Creek Umpqua Foundation and the Medicare reimbursement for vision services, another. Tribal Council have given nearly three million respectively. Congress has an opportunity to do just that Mr. Speaker, I am proud to bring Radio Vi- dollars to the Special Olympics, local schools, through the Farm Bill. Last week, Rep. BACA sion, their cause, and the honorable deeds of community organizations, and civic projects. introduced a Motion to Instruct the Conferees those devoted volunteers at Radio Vision to The history of the Cow Creek Umpqua is an to restore food stamp benefits to legal immi- the attention of Congress and I invite my col- impressive story of remarkable perseverance grants. It would allow children to be eligible for leagues to join me in praising their continuing in the face of overwhelming challenges. I am food stamps regardless of when they entered efforts in helping the blind. pleased to offer my warmest congratulations the U.S., and to reduce the work requirement on this historic anniversary and my good wish- f for adults from 40 quarters to 16 quarters. I es for continued. MOTION TO INSTRUCT CONFEREES support this Motion to Instruct and urge my f ON H.R. 2646, FARM SECURITY colleagues to do so as well. ACT OF 2001 Nationwide, 37 percent of all children of im- HONORING THE 22ND ANNUAL migrants lived in families that had trouble af- RADIO VISION RECOGNITION DAY SPEECH OF fording food. In 1999, the incidence of food in- HON. TOM UDALL security in immigrant households was almost three times that of White non-Hispanic house- HON. BENJAMIN A. GILMAN OF NEW MEXICO holds. Extensive research has shown that chil- OF NEW YORK IN THE HOUSE OF REPRESENTATIVES IN THE HOUSE OF REPRESENTATIVES dren who do not have adequate diets have Thursday, April 18, 2002 poor health, slow development, and difficulty Tuesday, April 23, 2002 Mr. UDALL of New Mexico. Mr. Speaker, I concentrating in school. Mr. GILMAN. Mr. Speaker, I rise today in rise today in strong support of Mr. BACA’s mo- This Motion to Instruct does not take an ex- recognition of the volunteers of Radio Vision in tion to instruct conferees to restore food stamp treme stance. We’re talking about legal immi- Orange County, New York for their 22 years of benefits to legal immigrants. I applaud Mr. grants. These are people who work hard, pay devout service in my Congressional district. BACA’s efforts on this issue and am happy to their taxes, and contribute a great deal to our Radio vision is a radio reading service for over support him in this worthy endeavor. Nation. The Motion to Instruct also requires

VerDate 112000 05:40 Apr 24, 2002 Jkt 197001 PO 00000 Frm 00014 Fmt 0626 Sfmt 9920 E:\CR\FM\A23AP8.050 pfrm12 PsN: E23PT1 April 23, 2002 CONGRESSIONAL RECORD — Extensions of Remarks E613 people to work 16 quarters, or approximately MOTION TO INSTRUCT CONFEREES Latinos in this country. Food stamps are not a four years, before they can become eligible for ON H.R. 2646, FARM SECURITY permanent fix; they are a temporary means to food stamps. ACT OF 2001 provide the neediest people the most basic re- Importantly, restoring benefits to legal immi- source to survive. grant children will also help reach citizen chil- SPEECH OF I will continue to fight for equal rights and dren. Over 85 percent of immigrant families HON. DIANA DeGETTE just treatment for immigrants throughout my are ‘‘mixed status’’ and include at least one OF COLORADO tenure in Congress. citizen child. Seventy-four percent of those IN THE HOUSE OF REPRESENTATIVES families left the food stamp program from f Thursday, April 18, 2002 1994 to 1998. MOTION TO INSTRUCT CONFEREES Ms. DEGETTE. Mr. Speaker, I rise today to Once someone has come in legally, and ON H.R. 2646, FARM SECURITY voice my support of restoring food stamp ben- has worked hard to support this economy, ACT OF 2001 they should be entitled to a little support for efits to legal immigrants, recently arrived chil- their families and their children. They should dren, the disabled and refugees. This is the SPEECH OF be eligible for food stamps. While we’re work- right thing to do, it is the decent thing to do ing at keeping children and families safe, let’s and I urge my colleagues to act today to ac- HON. DONNA M. CHRISTENSEN not forget that adequate food is the first step. complish this. OF THE VIRGIN ISLANDS Support the Baca Motion to Instruct the Legal Permanent Residents pay taxes and IN THE HOUSE OF REPRESENTATIVES their labor helps to drive our economy. Food Conferees. Thursday, April 18, 2002 stamps can provide these needy families with Mrs. CHRISTENSEN. Mr. Speaker, I rise to f a temporary safety net during difficult times. Food stamps provide a crucial safety net support of the Baca motion to instruct con- 40TH ANNIVERSARY OF ST. JUDE that allows working men and women to feed ferees and urge my colleagues to support its CHILDREN’S RESEARCH HOSPITAL their families during hard times. Hunger does adoption. not limit itself to American citizenship; there- My colleagues, President Bush proposed fore, we should not create a policy to system- the restoration of food stamps for legal immi- HON. NICK J. RAHALL, II atically deny food assistance to needy immi- grants who have been in this country for five OF WEST VIRGINIA grants in this country. years in his fiscal year 2003 budget. Following IN THE HOUSE OF REPRESENTATIVES Immigrants come to this country to work the President’s lead, our colleagues in the Tuesday, April 23, 2002 hard and make a better life for themselves other body voted overwhelmingly to include and their family. Cutting off needed benefits to the President’s proposal in the Senate version Mr. RAHALL. Mr. Speaker, ‘‘You give but lit- those who legally reside in this country is both of the Farm bill. tle when you give of your possessions,’’ the unnecessary and cruel. I have both co-spon- We are here tonight however, because our Lebanese poet Khalil Gibran once wrote. ‘‘It is sored and voted for legislation to restore the colleagues on the other side of the aisle on when you give of yourself that you truly give.’’ benefits to legal immigrants since I was first the conference of the Farm bill regrettably Danny Thomas lived this truth. His generosity elected to Congress. voted to block the Bush proposal to restore of spirit endures at the St. Jude Children’s Re- Most of the legal immigrants in this country food stamps for legal immigrants and sup- search Hospital forty years after he estab- are employed. These workers, like all other ported a more stringent proposal instead; lished this essential institution. residents, pay taxes. In many cases, they are which would make it virtually impossible for ‘‘As a member of the Professional Advisory the fathers, mothers, sisters, and brothers of immigrant families to qualify for food stamp Board since 1996, I was honored to work with American citizens. Their labor helps to drive benefits. The opposition to the President’s pro- Danny Thomas to further the Hospital’s mis- our economy and they deserve help when posal will prevent more than 50,000 people sion. It is one of the world’s leading centers of they need it. from benefiting from a program that helps poor research and treatment for life-threatening Immigrant workers can also be the most vul- families feed their children. childhood illnesses, particularly cancer. Re- nerable during an economic downturn. Prior to Restoring food stamp benefits for low-in- markably, no child pays for St. Jude’s serv- September 11th, the Hispanic unemployment come legal permanent residents and children ices. I am proud that the American Lebanese rate was rising faster than the national aver- is the right and responsible thing to do. Syrian Associated Charities raise the funds to age. The terrorist attacks and subsequent eco- I urge my colleagues to support the Baca cover all costs of patient care.’’ nomic impact only worsened the situation for motion to instruct.

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Highlights The House agreed to resolutions commending the Men and Women of the District of Columbia National Guard, the Secret Service New York Field Office, and the Customs Service at 6 World Trade Center for their extraordinary service in response to the terrorist attacks of Sep- tember 11. Senate Reid (for Thompson) Amendment No. 3327, to Chamber Action provide for the General Accounting Office to con- Routine Proceedings, pages S3111–S3231 duct studies on the effects of the Act and of the Measures Introduced: Thirteen bills and five reso- Contract Disputes Act of 1978 (41 U.S.C. 601 note; lutions were introduced, as follows: S. 2222–2234, S. Public Law 95–563) on operations of agencies. Pages S3228–29 Res. 248–251, and S. Con. Res. 102. Page S3165 Reid (for Thompson) Amendment No. 3328, to Measures Passed provide for the General Accounting Office to con- Farmer Bankruptcy Bill: Senate passed H.R. duct a study on the administrative an personnel costs 4167, to extend for 8 additional months the period incurred by the Department of the Treasury in the for which chapter 12 of title 11 of the United States administration of the Judgement funds. Code is reenacted, clearing the measure for the Presi- Pages S3228–29 dent. Page S3225 Energy Policy Act: Senate continued consideration Canadian Soldiers Condolences: Senate agreed to of S. 517, to authorize funding for the Department S. Res. 250, extending sympathy and condolences to of Energy to enhance its mission areas through tech- the families of the Canadian soldiers who were killed nology transfer and partnerships for fiscal years 2002 and the Canadian soldiers who were wounded on through 2006, taking action on the following April 8, 2002 in Afghanistan, and to all of the Ca- amendments proposed thereto: Pages S3117–42, S3145–50 nadian people. Page S3174 Adopted: Minority Membership Appointments: Senate Baucus/Grassley Amendment No. 3286 (to agreed to S. Res. 251, making Minority party ap- Amendment No. 2917), to provide energy tax incen- pointments for the Committees on Environment and tives. Pages S3117–19 Public Works and Governmental Affairs for 107th Murkowski Modified Amendment No. 3257 (to Congress. Page S3174 Amendment No. 2917), to amend the Internal Rev- Notification and Federal Employee Anti- enue Code of 1986 to provide a credit for the pro- discrimination and Retaliation Act: Senate passed duction of Alaska natural gas. Pages S3120–21 H.R. 169, to require that Federal agencies be ac- Bingaman Modified Amendment No. 3231 (to countable for violations of antidiscrimination and Amendment No. 2917), to clarify the structure for, whistleblower protection laws; and to require that and improve the focus of, global climate change each Federal agency post quarterly on its public science research. Pages S3145–48 Web site, certain statistical data relating to Federal Bingaman Amendment No. 3232 (to Amendment sector equal employment opportunity complaints No. 2917), to establish a national climate change filed with such agency, after agreeing to committee policy. Pages S3145–48 amendments, and the following amendments pro- Bingaman (for Thurmond) Modified Amendment No. 3157 (to Amendment No. 2917), to direct the posed thereto: Pages S3226–28 Secretary of Energy to submit to Congress a report D370

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to the Baucus/Grassley title, and that Members have Amendments Submitted: Pages S3174–S3224 until 10 a.m. on Thursday, April 25, 2002, to offer Notices of Hearings/Meetings: Page S3224 possible second degree amendments thereto. Pages S3224–25 Page S3231 Authority for Committees to Meet: A unanimous-consent agreement was reached pro- Record Votes: Three record votes were taken today. viding for further consideration of the bill at 9:30 (Total—79) Pages S3121–22, S3142, S3145 a.m., on Wednesday, April 24, 2002. Page S3231 Adjournment: Senate met at 10:30 a.m., and ad- Estate Tax—Agreement: A unanimous-consent- journed at 7:41 p.m., until 9:30 a .m., on Wednes- time agreement was reached providing that when the day, April 24, 2002. (For Senate’s program, see the Senate considers H.R. 8, to amend the Internal Rev- remarks of the Acting Majority Leader in today’s enue Code of 1986 to phaseout the estate and gift Record on page S3231). taxes over a 10-year period, but no later than June 28, that the only amendments in order are as fol- lows: Senator Gramm with respect to an estate tax; Committee Meetings Senator Daschle or his designee with respect to an estate tax which shall be subject to two second de- (Committees not listed did not meet) gree amendments to be offered by Senator Daschle, or his designee; with Senator Daschle’s amendment FEDERAL DEPOSIT INSURANCE SYSTEM being the first one offered; that the amendments Committee on Banking, Housing, and Urban Affairs: (listed above) deal solely with the subject of estate Committee concluded oversight hearings to examine tax; that the estate tax amendments be subject to a the Federal Deposit Insurance System and rec- 60 vote Budget Act point of order that no other ommendations for reform, focusing on merging the amendments or motions be in order to the bill, ex- Bank Insurance Fund with the Savings Association cept motions to waive the Budget Act; and that if Insurance Fund, statutory restrictions on premiums, any of the above amendments, after each has had its and designated reserve ratios, after receiving testi- motion to waive vote, are adopted the bill be read mony from Donald E. Powell, Chairman, Federal a third time and the Senate vote on final passage of Deposit Insurance Corporation; Alan Greenspan, the bill, without any intervening action or debate Chairman, Board of Governors of the Federal Reserve and that if none of the amendments achieve 60 votes System; and Peter R. Fisher, Under Secretary for Do- to waive the Budget Act, the bill be placed back on mestic Finance, Office of Public Affairs, John D. the calendar. Further that there be 2 hours for de- Hawke, Jr., Comptroller of the Currency, and James bate on each of the amendments (listed above) equal- E. Gilleran, Director, Office of Thrift Supervision, ly divided in the usual form. Page S3117 all of the Department of the Treasury. Messages From the President: Senate received the following message from the President of the United PHARMACEUTICALS COMPETITION States: Committee on Commerce, Science, and Transportation: Transmitting, pursuant to law, the Periodic Re- Committee concluded hearings to examine competi- port on the National Emergency with Respect to tion in the pharmaceutical industry, focusing on ge- Significant Narcotics Traffickers Centered in Colum- neric pharmaceuticals, marketplace access, and con- bia; to the Committee on Banking, Housing, and sumer issues, and certain related provisions of S. Urban Affairs. (PM–81) Page S3164 812, to amend the Federal Food, Drug, and Cos- Nominations Confirmed: Senate confirmed the fol- metic Act to provide greater access to affordable lowing nomination: pharmaceuticals, after receiving testimony from Sen- By a unanimous vote of 99 yeas (Vote No. 79), ator Schumer; Timothy J. Muris, Chairman, Federal Jeffrey R. Howard, of New Hampshire, to be United Trade Commission; New Hampshire Governor States Circuit Judge for the First Circuit. Jeanne Shaheen, Concord; Tim Fuller and Marion Pages S3142–45, S3231 Wolff, both of Gray Panthers, Gregory J. Glover, Ropes and Gray, on behalf of the Pharmaceutical Re- Messages From the House: Page S3164 search and Manufacturers of America, Kathleen Jae- Executive Communications: Pages S3164–65 ger and Karen Walker, both of Generic Pharma- Additional Cosponsors: Pages S3165–66 ceutical Association, and Shelbie Oppenheimer, on behalf of the ALS Association, all of Washington, Statements on Introduced Bills/Resolutions: D.C.; and Steven S. Martin, Blue Cross and Blue Pages S3166–73 Shield of Nebraska, Omaha, on behalf of the Blue Additional Statements: Pages S3157–64 Cross and Blue Shield Association.

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U.S. NONPROLIFERATION EFFORTS tricts, and schools, and progress to date, receiving Committee on Foreign Relations: Committee concluded testimony from Eugene W. Hickok, Under Secretary hearings to examine United States nonproliferation of Education. efforts in the former Soviet Union, focusing on the Hearings recessed subject to call. Cooperative Threat Reduction Program, after receiv- ing testimony from William S. Cohen, Cohen HUMAN SUBJECT RESEARCH Group, former Secretary of Defense, and Constantine Committee on Health, Education, Labor, and Pensions: C. Menges, Hudson Institute, both of Washington, Subcommittee on Public Health concluded hearings D.C.; and Siegfried S. Hecker, Los Alamos National to examine current safeguards concerning the protec- Laboratory, Los Alamos, New Mexico. tion of human subjects in research, while facilitating FEDERAL HUMAN CAPITAL CRISIS critical medical research, after receiving testimony from Cherlynn Mathias, Harris Methodist Fort Committee on Governmental Affairs: Subcommittee on Worth Clinical Research Department, Fort Worth, Oversight of Government Management, Restruc- Texas; Marjorie A. Speers, Association for the Ac- turing and the District of Columbia concluded hear- creditation of Human Research Protection Programs, ings to examine the implications of the human cap- Inc., Washington, D.C., former Acting Executive ital crisis, focusing on how the federal government Director of the National Bioethics Advisory Com- is recruiting, selecting, retaining, and training indi- mission; Charles A. Johnson, Genentech, Inc., San viduals to oversee trade policies and regulate finan- Francisco, California, on behalf of the Biotechnology cial industries, after receiving testimony from Loren Industry Organization; and David Charles, Vander- Yager, Director, International Affairs and Trade, and bilt University Medical Center, Nashville, Tennessee, Richard J. Hillman, Director, Financial Markets and on behalf of the National Alliance of Medical Re- Community Investment, both of the General Ac- searchers and Teaching Physicians. counting Office; Grant Aldonas, Under Secretary for International Trade Administration, and Edward L. CABLE COMPETITION Blansitt, Deputy Inspector General, both of the De- partment of Commerce; James M. McConnell, Exec- Committee on the Judiciary: Subcommittee on Anti- utive Director, Securities and Exchange Commission; trust, Competition, and Business and Consumer Lynn Turner, Colorado State University Center for Rights concluded hearings to examine cable com- Quality Financial Reporting, Fort Collins; and Troy petition, focusing on the proposed AT&T H. Cribb, Steptoe and Johnson, Washington, D.C., Broadband-Comcast merger, after receiving testi- former Deputy Assistant Secretary of Commerce for mony from Brian L. Roberts, Comcast Corporation, International Trade Administration. Philadelphia, Pennsylvania; C. Michael Armstrong, AT&T Corporation, Basking Ridge, New Jersey; ELEMENTARY AND SECONDARY Garry Betty, Earthlink, Atlanta, Georgia; Richard R. EDUCATION ACT Greene, Cable Television Laboratories, Inc., Louis- Committee on Health, Education, Labor, and Pensions: ville, Colorado; Mark Haverkate, WideOpen West, Committee held hearings to examine the implemen- Castle Rock, Colorado, on behalf of the Broadband tation of the Elementary and Secondary Education Service Providers Association; and Robert A. Perry, Act, focusing on accountability for results, parent Mitsubishi Digital Electronics America, Inc., Irvine, and student choice, flexibility for States, school dis- California. h House of Representatives H.R. 1448, to clarify the tax treatment of bonds Chamber Action and other obligations issued by the Government of Measures Introduced: 14 public bills, H.R. American Samoa, amended (H. Rept. 107–417 Pt. 4545–4558; and 2 resolutions, H.J. Res. 88 and H. 1); and Con. Res. 385, were introduced. Page H1532 H. Res. 395, providing for consideration of H.R. Reports Filed: Reports were filed as follows: 3763, to protect investors by improving the accuracy H.R. 2963, to establish the Deep Creek Wilder- ness Area, amended (H. Rept. 107–416);

VerDate 11-MAY-2000 07:11 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00004 Fmt 0627 Sfmt 0627 E:\CR\FM\D23AP2.REC pfrm12 PsN: D23AP2 D374 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 2002 and reliability of corporate disclosures made pursuant April 18 and agreed to the Dooley motion to in- to the securities laws (H. Rept. 107–418). struct conferees on H.R. 2646, an act to provide for Page H1532 the continuation of agricultural programs through Speaker Pro Tempore: Read a letter from the fiscal year 2011, to agree to the provisions contained Speaker wherein he appointed Representative Fletch- in section 335 of the Senate amendment, relating to er to act as Speaker pro tempore for today. agricultural trade with Cuba by a yea-and-nay vote Page H1491 of 273 yeas to 143 nays, Roll No. 105; and Pages H1514–15 Recess: The House recessed at 1:03 p.m. and recon- Agreed to the Baca motion to instruct conferees vened at 2 p.m. Pages H1494–95 on H.R. 2646, the Farm Security Act, to agree to Honoring the Men and Women of the U.S. Se- provisions contained in Section 452 of the Senate cret Service New York Field Office: H. Res. 384, amendment, relating to restoration of benefits to honoring the men and women of the United States children, legal immigrants who work, refugees, and Secret Service New York field office for their ex- the disabled. By a yea-and-nay vote of 244 yeas to traordinary performance and commitment to service 171 nays, Roll No. 106. Pages H1515–16 during and immediately following the terrorist at- tacks on the World Trade Center on September 11, Notice to Offer Motion to Instruct Conferees on the Farm Security Act: Pursuant to clause 7(c) of 2001; Pages H1496–98 rule XXII, Representative Hooley announced her in- Honoring the Men and Women of the U.S. Cus- tention to offer a motion tomorrow to instruct con- toms Service, 6 World Trade Center Offices: H. ferees on H.R. 2646, an act to provide for the con- Res. 385, honoring the men and women of the tinuation of agricultural programs through fiscal year United States Customs Service, 6 World Trade Cen- 2011, to agree to the provisions contained in section ter offices, for their hard work, commitment, and 1001 of the Senate amendment and section 944 of compassion during and immediately following the the House bill, relating to country of origin labeling terrorist attacks on the World Trade Center on Sep- requirements for agricultural commodities, but to tember 11, 2001; Pages H1498–H1502 insist on the six-month implementation deadline Keeping Children and Families Safe Act: H.R. contained in the House bill. Page H1516 3839, amended, to reauthorize the Child Abuse Pre- Quorum Calls—Votes: Three yea-and-nay votes de- vention and Treatment Act (agreed to by a yea-and- veloped during the proceedings of the House today nay vote of 411 yeas to 5 nays, Roll No. 104); and appear on pages H1514, H1514–15, and Pages H1502–14 H1515–16. There were no quorum calls. Commending the District of Columbia National Adjournment: The House met at 12:30 p.m. and Guard for Their Service in Response to the Ter- adjourned at 9:14 p.m. rorist and Anthrax Attacks of 2001: H. Con. Res. 378, commending the District of Columbia National Guard, the National Guard Bureau, and the entire Committee Meetings Department of Defense for the assistance provided to the United States Capitol Police and the entire Con- LABOR, HHS, AND EDUCATION gressional community in response to the terrorist APPROPRIATIONS and anthrax attacks of September and October 2001. Committee on Appropriations: Subcommittee on Labor, Pages H1516–19 Health and Human Services, and Education contin- Recess: The House recessed at 2:59 p.m. and recon- ued appropriation hearings. Testimony was heard vened at 6 p.m. Page H1502 from public witnesses. Presidential Message—Drug Traffickers in Co- lombia: Read a message from the President wherein APPROVING YUCCA MOUNTAIN SITE— he transmitted a 6-month periodic report on the na- REPOSITORY FOR DISPOSAL OF tional emergency with respect to significant narcotics RADIOACTIVE WASTE traffickers centered in Colombia that was declared in Committee on Energy and Commerce: Subcommittee on Executive Order 12978 of October 21, 1995—re- Energy and Air Quality approved for full Committee ferred to the Committee on International Relations action H.J. Res. 87, approving the site at Yucca and ordered printed (H. Doc. 107–202). Page H1502 Mountain, Nevada, for the development of a reposi- Motions to Instruct Conferees on the Farm Secu- tory for the disposal of high-level radioactive waste rity Act: The House completed consideration of the and spent nuclear fuel, pursuant to the Nuclear Pol- motions to instruct conferees that were debated on icy Act of 1982.

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WELFARE REFORM cy; Michael Gallagher, Deputy Assistant Secretary, Committee on Energy and Commerce: Subcommittee on Communication and Information, National Tele- Health held a hearing on Welfare Reform: A Review communications and Information Administration, of Abstinence Education and Transitional Medical Department of Commerce; and Julius Knapp, Dep- Assistance. Testimony was heard from William J. uty Chief, Office of Engineering and Technology, Scanlon, Director, Health Care Issues, GAO; and FCC. public witnesses. HOUSING AFFORDABILITY FOR AMERICAN CORPORATE AND AUDITING ACT ACCOUNTABILITY, RESPONSIBILITY AND TRANSPARENCY ACT Committee on Financial Services: Subcommittee on Housing and Community Opportunity continued Committee on Rules: Granted, by voice vote, a struc- hearings on H.R. 3995, Housing Affordability for tured rule on H.R. 3763, Corporate and Auditing American Act of 2002. Testimony was heard from Accountability, Responsibility and Transparency Act, public witnesses. providing one hour of general debate equally divided Hearings continue tomorrow. and controlled by the chairman and ranking minor- ity member of the Committee on Financial Services. REFORMING GOVERNMENT The rule waives all points of order against consider- Committee on Government Reform: Subcommittee on ation of the bill. The rule provides that the amend- Civil Service, Census, and Agency Organization held ment in the nature of a substitute recommended by a hearing entitled ‘‘Reforming Government: The the Committee on Financial Services now printed in Federal Sunset Act of 2001.’’ Testimony was heard the bill shall be considered as an original bill for the from Representatives Brady of Texas and Turner; purpose of amendment and shall be considered as Mark Everson, Controller, Office of Federal Financial read. The rule waives all points of order against the Management OMB; and public witnesses. bill, as amended. The rule makes in order only those FUEL MARKETS amendments printed in the report of the Committee Committee on Government Reform: Subcommittee on on Rules accompanying the resolution. The rule pro- Energy Policy, Natural Resources and Regulatory vides that the amendments printed in the report Affairs held a hearing entitled ‘‘Fuel Markets—Un- shall be considered only in the order printed in the stable at Any Price?’’ Testimony was heard from the report, may be offered only by a Member designated following officials of the Department of Energy: in the report, shall be considered as read, shall be Mary Hutzler, Acting Administrator, Energy Infor- debatable for the time specified in the report equally mation Administration; and Vicky Bailey, Assistant divided and controlled by the proponent and an op- Secretary, Policy and International Affairs; William ponent, shall not be subject to amendment, and shall Kovacic, General Counsel FTC; and public witnesses. not be subject to a demand for division of the ques- MANAGEMENT RADIO FREQUENCY tion in the House or in the Committee of the SPECTRUM Whole. The rule waives all points of order against the amendments printed in the report. Finally, the Committee on Government Reform: Subcommittee on rule provides one motion to recommit with or with- National Security, Veterans Affairs and International out instructions. 2002. Testimony was heard from Relations held a hearing on Management Radio Fre- Chairman Oxley and Representatives Baker, Kirk, quency Spectrum: Military Readiness and National LaFalce and Markey. Security. Testimony was heard from the following officials of the Department of Defense: Steve Price, EPA—SCIENCE AND TECHNOLOGY Deputy Assistant Security, Spectrum and C3 Policy; PROGRAMS Lt. Gen. Joseph Kellogg, USA, Director, Command, Control, Communications, and Computers (C4), Committee on Science: Subcommittee on Environment, Joint Chiefs of Staff; Vice Adm. Richard Mayo, Technology, and Standards held a hearing on Science USN, Director, Space, Information Warfare, Com- and Technology Programs at the Environmental Pro- mand and Control, Chief of Naval Operations; Maj. tection Agency: the Fiscal Year 2003 Budget Re- Gen. Steven W. Boutelle, USA, Director, Informa- quest. Testimony was heard from the following offi- tion Operations, Networks and Space; Brig. Gen. cials of the EPA: Paul Gilman, Assistant Adminis- Robert M. Shea, USMC, Director, Command, Con- trator, Office of Research and Development; and trol, Communications, and Computers (C4), U.S. Genevieve Matanoski, member, Science Advisory Marine Corps; and Lt. Gen. Harry D. Raduege, Jr., Board and Research Strategies Advisory Committee; USAF, Director, Defense Information Systems Agen- and a public witness.

VerDate 11-MAY-2000 07:11 Apr 24, 2002 Jkt 099060 PO 00000 Frm 00006 Fmt 0627 Sfmt 0627 E:\CR\FM\D23AP2.REC pfrm12 PsN: D23AP2 D376 CONGRESSIONAL RECORD — DAILY DIGEST April 23, 2002 NFIP PROGRAMS BUDGET Committee on Foreign Relations: Subcommittee on West- ern Hemisphere, Peace Corps and Narcotics Affairs, to Permanent Select Committee on Intelligence: Met in execu- hold hearings to examine future relations between the tive session to hold a hearing on Budget for NFIP United States and Colombia, 9:30 a.m., SD–419. programs within the FBI and the Departments of Committee on Health, Education, Labor, and Pensions: busi- Defense, Energy, Treasury, and State. Testimony was ness meeting to consider S. 1284, to prohibit employ- heard from departmental witnesses. ment discrimination on the basis of sexual orientation, and the nominations of Evelyn Dee Potter Rose, of Texas, Joint Meetings to be a Member of the National Council on the Arts, James R. Stoner, Jr., of Louisiana, to be a Member of the BANKRUPTCY REFORM National Council on the Humanities, and Kathleen M. Conferees met to resolve the differences between the Harrington, of the District of Columbia, to be an Assist- Senate and House passed versions of H.R. 333, to ant Secretary of Labor, 10 a.m., SD–430. amend title 11, United States Code, but did not Committee on Indian Affairs: to hold hearings on S. 2017, to amend the Indian Financing Act of 1974 to im- complete action thereon, and recessed subject to the prove the effectiveness of the Indian loan guarantee and call. insurance program, 10 a.m., SR–485. f Full Committee, with the Committee on Energy and Natural Resources, to hold joint hearings on S. 2018, to COMMITTEE MEETINGS FOR WEDNESDAY, establish the T’uf Shur Bien Preservation Trust Area APRIL 24, 2002 within the Cibola National Forest in the State of New (Committee meetings are open unless otherwise indicated) Mexico to resolve a land claim involving the Sandia Mountain Wilderness, 2:30 p.m., SD–366. Senate Select Committee on Intelligence: to hold closed hearings on Committee on Appropriations: Subcommittee on District pending intelligence matters, 2:30 p.m., SH–219. of Columbia, to hold hearings to examine reformation ef- House forts of the District of Columbia Family Court, 9:30 a.m., SD–116. Committee on Appropriations, Subcommittee on Com- Subcommittee on VA, HUD, and Independent Agen- merce, Justice, State and Judiciary, on Public Diplomacy, cies, to hold hearings on proposed budget estimates for 2 p.m., 2359 Rayburn. Subcommittee on Foreign Operations, Export Financ- fiscal year 2003 for the Neighborhood Reinvestment Cor- ing and Related Programs, on Secretary of the Treasury, poration and Community Development Financial Institu- 10 a.m., 2359 Rayburn. tions Fund, 9:30 a.m., SD–138. Subcommittee on Labor, Health and Human Services, Subcommittee on Foreign Operations, to hold hearings and Education, on Department of Education Panel: on proposed budget estimates for fiscal year 2003 for the Teacher Recruitment, Preparation and Development, Department of State, 10 a.m., SD–226. 10:15 a.m., and on public witnesses, 2 p.m., 2358 Ray- Subcommittee on Defense, to hold hearings on pro- burn. posed budget estimates for fiscal year 2003 for the Na- Subcommittee on Legislative, on House of Representa- tional Guard and Reserve, 10 a.m., SD–192. tives, 10 a.m., on Library of Congress, 11 a.m., on Li- Subcommittee on Treasury and General Government, brary of Congress, on GPO, 2 p.m., and on GAO, 3 to hold hearings on proposed budget estimates for fiscal p.m., H–140 Capitol. year 2003 for the Office of National Drug Control Policy, Committee on Armed Services, Special Oversight Panel on 1:30 p.m., SD–192. the Merchant Marine, to consider recommendations to the National Defense Authorization Act for Fiscal Year 2003, Committee on Commerce, Science, and Transportation: Sub- 11 a.m., 2216 Rayburn. committee on Science, Technology, and Space, to hold Special Oversight Panel on Morale, Welfare and Recre- hearings on S. 2037, to mobilize technology and science ation, to consider recommendations to the National De- experts to respond quickly to the threats posed by ter- fense Authorization Act for Fiscal Year 2003, 10 a.m., rorist attacks and other emergencies, by providing for the 2212 Rayburn. establishment of a national emergency technology guard, Committee on Energy and Commerce, to mark up the fol- a technology reliability advisory board, and a center for lowing: H.R. 4122, to amend title V of the Social Secu- evaluating antiterrorism and disaster response technology rity Act to extend abstinence education funding under within the National Institute of Standards and Tech- maternal and child health program through fiscal year nology; and S. 2182, to authorize funding for computer 2007 and to amend title XIX of that Act to extend the and network security research and development and re- authorization of transitional medical assistance for one search fellowship programs, 2:30 p.m., SR–253. year; a measure to amend title V of the Social Security Act to extend abstinence education funding under mater- Committee on Energy and Natural Resources: with the nal and child health program through fiscal year 2007; Committee on Indian Affairs, to hold joint hearings on a measure to amend XIX of the Social Security Act to S. 2018, to establish the T’uf Shur Bien Preservation extend the authorization of transitional medical assistance Trust Area within the Cibola National Forest in the State for one year; H. Con. Res. 271, expressing the sense of of New Mexico to resolve a land claim involving the the Congress that public awareness and education about Sandia Mountain Wilderness, 2:30 p.m., SD–366. the importance of health care coverage is of the utmost

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priority and that a National Importance of Health Care expand the boundaries of that park; H.R. 2388, National Coverage Month should be established to promote these Heritage Areas Policy Act of 2001; H.R. 2643, Fort goals; H. Con. Res. 358, supporting the goals and ideals Clatsop National Memorial Expansion Act of 2001; H.R. of National Better Hearing and Speech Month; H. Con. 2818, to authorize the Secretary of the Interior to convey Res. 165, expressing the sense of the Congress that con- certain public land within the Sand Mountain Wilderness tinual research and education into the cause and cure for Study Area in the State of Idaho to resolve an occupancy fibroid cancer be addressed; H. Con. Res. 309, recog- encroachment dating back to 1971; H.R. 3908, North nizing the importance of good cervical health and of de- American Wetlands Conservation Reauthorization Act; tecting cervical cancer during its earliest stages; and a H.R. 3954, Caribbean National Forest Wild and Scenic concurrent resolution expressing the Sense of the Congress Rivers Act of 2002; and H.R. 4044, to authorize the Sec- that there should be established a National Minority retary of the Interior to provide assistance to the State of Health Month, 1 p.m., 2123 Rayburn. Maryland for implementation of a program to eradicate Committee on Financial Services, Subcommittee on Hous- nutria and restore marshland damaged by nutria, 10 a.m., ing and Community Opportunity, to continue hearings 1334 Longworth. on H.R. 3995, Housing Affordability for America Act of Subcommittee on Water and Power, hearing on the 2002, 2 p.m., 2128 Rayburn. following bills: H.R. 1946, Rock Boys’/North Central Committee on Government Reform, Subcommittee on Gov- Montana Regional Water System Act of 2001; and H.R. ernment Efficiency, Financial Management, and Intergov- 4129, to amend the Central Utah Project Completion Act ernmental Relations, hearing on H.R. 4187, Presidential to clarify the responsibilities of the Secretary of the Inte- Records Act Amendments of 2002, 10 a.m., 2154 Ray- rior with respect to the Central Utah Project, to redirect burn. unexpended budget authority for the Central Utah Committee on International Relations, hearing on Inter- Project for wastewater treatment and reuse and other pur- national Global Terrorism: Its Links with Illicit Drugs as poses, to provide for prepayment of repayment contracts Illustrated by the IRA and Other Groups in Colombia, for municipal and industrial water delivery facilities, and 10:15 a.m., 2172 Rayburn. to eliminate a deadline for such prepayment, 2 p.m., Subcommittee on International Operations and Human 1334 Longworth. Rights, hearing on the U.N. and the Sex Slave Trade in Committee on Rules, to consider H.R. 3231, Barbara Jor- Bosnia: Isolated Case or Larger Problem in U.N. System? dan Immigration and Accountability Act of 2001, 4 2 p.m., 2172 Rayburn. p.m., H–313 Capitol. Committee on the Judiciary, to continue markup of H.R. Committee on Small Business, hearing on Why Add an 1577, Federal Prison Industries Competition in Con- Interest Rate Hike on Our Struggling Small Manufactur- tracting Act of 2001 and to mark up the following: H.R. er’s, 10 a.m., 2360 Rayburn. 1877, Child Sex Wiretapping Act of 2001; H.R. 2624, Law Enforcement Tribute Act; H.R. 3375, Embassy Em- Committee on Transportation and Infrastructure, to consider ployee Compensation Act; H.R. 3892, Judicial Improve- the following: H.R. 1979, to amend title 49, United ments Act of 2002; H.R. 3482, Cyber Security Enhance- States Code, to provide assistance for the construction of ment Act of 2001; H.R. 2054, to give the consent of certain air traffic control towers; H.R. 2950, Rail Infra- Congress to an agreement or compact between Utah and structure Development and Expansion Act for the 21st Nevada regarding a change in the boundaries of those Century; H.R. 4006, to designate the United States States; H.R. 1448, to clarify the tax treatment of bonds courthouse located at 100 Federal Plaza in Central Islip, and other obligations issues by the Government of Amer- New York, as the ‘‘Alfonse M. D’Amato United States ican Samoa; H.R. 3180, to consent to certain amend- Courthouse’’; H.R. 4028, to designate the United States ments to the New Hampshire-Vermont Interstate School courthouse located at 600 West Capitol Avenue in Little Compact; H.R. 2621, Consumer Product Protection Act Rock, Arkansas, as the ‘‘Richard S. Arnold United States of 2001; H.R. 3215, Combatting Illegal Gambling Re- Courthouse’’; H.R. 4466, to amend title 49, United form and Modernization Act; H.R. 2068, to revise, cod- States Code, to authorize appropriations for the National ify, and enact without substantive change certain general Transportation Safety Board for fiscal years 2003, 2004, and permanent laws, related to public buildings, prop- and 2005; H.R. 4481, Airport Streamling Approval Proc- erty, and works, as title 40, United States Code, ‘‘Public ess Act of 2002; the Amtrak Reauthorization; and pend- Buildings, Property, and Works;’’ H.R. 1452, Family Re- ing Committee business, 11 a.m., 2167 Rayburn. unification Act of 2001; and private claims bills, 10 a.m., Committee on Veterans’ Affairs, Subcommittee on Health, 2141 Rayburn. hearing on H.R. 4514, Veterans’ Major Medical Facilities Committee on Resources, to mark up the following bills: Construction Act of 2002, 3 p.m., 334 Cannon. S. 506, Huna Totem Corporation Land Exchange Act; Committee on Ways and Means, to mark up H.J. Res. 84, H.R. 1370, to amend the National Wildlife Refuge Sys- disapproving the action taken by the President under sec- tem Administration Act of 1966 to authorize the Sec- tion 203 of the Trade Act of 1974 transmitted to the retary of the Interior to provide for maintenance and re- Congress on March 5, 2002, 2 p.m., 1100 Longworth. pair of buildings and properties located on lands in the Permanent Select Committee on Intelligence, executive, hear- National Wildlife Refuge System by lessees of such facili- ing on Budget for the National Reconnaissance Program, ties; H.R. 1462, Harmful Nonnative Weed Control Act 10 a.m., and, executive, hearing on the Budget for the of 2001; H.R. 1906, to amend the Act that established Central Intelligence Agency Program, 3 p.m., H–405 the Pu’uhonua O Honaunau National Historical Park to Capitol.

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Next Meeting of the SENATE Next Meeting of the HOUSE OF REPRESENTATIVES 9:30 a.m., Wednesday, April 24 10 a.m., Wednesday, April 24

Senate Chamber House Chamber Program for Wednesday: Senate will continue consider- Program for Wednesday: Consideration of Hooley Mo- ation of S. 517, Energy Policy Act. tion to Instruct Conferees on H.R. 2646, Farm Security Act; and Consideration of H.R. 3763, Corporate and Auditing Accountability, Responsibility, and Transparency Act (structured rule, one hour of debate).

Extensions of Remarks, as inserted in this issue

HOUSE DeGette, Diana, Colo., E613 Miller, Gary G., Calif., E610, E611 Farr, Sam, Calif., E604 Moran, James P., Va., E611 Baldacci, John Elias, Maine, E611 Frank, Barney, Mass., E602 Moran, Jerry, Kansas, E600 Baldwin, Tammy, Wisc., E605 Frelinghuysen, Rodney P., N.J., E609 Pallone, Frank, Jr., N.J., E605 Boehlert, Sherwood L., N.Y., E609 Gilman, Benjamin A., N.Y., E612 Rahall, Nick J., II, W.Va., E613 Bonior, David E., Mich., E605, E606, E607, E609 Gordon, Bart, Tenn., E599, E601 Rangel, Charles B., N.Y., E599, E602 Camp, Dave, Mich., E600 Green, Gene, Tex., E604, E607 Shays, Christopher, Conn., E609 Christensen, Donna M., The Virgin Islands, E603, Hastert, J. Dennis, Ill., E605, E607 Skelton, Ike, Mo., E608 E613 Horn, Stephen, Calif., E611 Towns, Edolphus, N.Y., E607 Collins, Mac, Ga., E608 Inslee, Jay, Wash., E610 Udall, Tom, N.M., E612 Combest, Larry, Tex., E602 Israel, Steve, N.Y., E608 Visclosky, Peter J., Ind., E599, E600, E601, E610 Costello, Jerry F., Ill., E601 Johnson, Nancy L., Conn., E601 Waters, Maxine, Calif., E612 Davis, Tom, Va., E608 Levin, Sander M., Mich., E606 DeFazio, Peter A., Ore., E612 Menendez, Robert, N.J., E599, E603

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